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HomeMy WebLinkAbout1978-05-03 Council PacketCOUNCIL PACKETS Kenai City Council Meeting Packet May 3, 1978 H. REPORTS 100 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD KW A PM ADJOURNMENT .. a AGENDA KENAI CITY COUNCIL - REGULAR MEETING MAY 3. 1978 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE I ! A. ROLL CALL AGENDA APPROVAL B. HEARINGS • 1. Ordinance 398-78, increasing estimated revenues a appropriations in the amount of $7,237 for Tide It. Anti -recession Revenue Sharing Funds 2. Ordinance 399-78. increasing estimated revenues a appropriations by $24.438 in the General Fund - proceeds from auction of City surplus equipment S. Ordinance 401-78, declaring surplus old Sewage Treatment Plant, two shallow well buildings. and all related equipment and materials 4. "Kenai Sewerage Facilities Plan" t C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Ron Malston - use by public of City owned facilities 2. Robert Britt - Assignment of Lease 8r Phil Bryson - Peninsula Oilers Master Plan - Recreation Site D. MINUTES 1. Minutes of the regular meeting of April 28, 1978 E. CORRESPONDENCE 1. Cook Wet Council on Alcoholism 2. Alaska Aeronautical Industries, ino. P. OLD BUSINESS 1. Ordinance 400-78. establishing policies a procedures - lease of City Airport lands 2. Resolution 78-58. requesting release by FAA of certain Airport lands S. Amendment to lease - Vests Leigh for car rental space 4. Lease of City owned lands - Phil Bryson and Craig Press S. Lease of land adjacent to boat ramp area - R. L. Roper d/b/a Marine Products S. Determination of responsibility - private property damaged by contractor 0. NEW BUSINESS 1. Bills to be paid, bills to be ratified 2. Ordinance 402-78, Appropriating $5.000 from Water/Sewer Revenue Fund for engineering services relating to Interim improvements to Sewer Treatment Facility ! - 3. Ordinance 403-78, Kenai Advisory Planning and Zoning Commission 4. Ordinance 404-78, increasing estimated revenues a appropriations in the amount of $4.430 for Title 11, Anti -recession Revenue Sharing Funds S. Resolution 78-73. transfee of Wade (Police Dept.) - $1,000 to provide funding for replacement of portable radio that was stolen S. Resolution 78-74. transfer of funds (Legal) $200 to provide partial funding for depleted office supply fund • 7. Resolution 78-75, establishing deadline for submission of materials to be considered at regular Council meeting S. Resolution 78-781 transfer of funds (Fire Reservoir Project 01-51.20074) - $2.800 41 9. Resolution 78-77. transfer of funds - $1,800 replacement of stove in Ft. Keney 1 10. Statement 410 - TRA/Farr - Airport Master Plan Study - $8.535.80 1 It. Statements - CH2M HU1 - (STP - $102.50 s $88.98). (Facilities Plan - $4,795.53 • _.._... $0.853.37). 0/1 Study - $3.200 a $2,824.22) 12. Peat. Merwick. Mitchell i Co. - Council on Aging/Nutrition Program Audit - $2,000 13. Alaska Chrysler, inc. - $10,918 for purchase of two police care 14. Lease of City owned lands - Thomas Ackerly/Patrick O'Connell 15. Discussion - HUD Small Cities Grant 18. Discussion - CEIP Water/Bower Grant - $150.000 17. Discussion - EDA - water a Road Projects surplus grant (undo i 18. Discussion - CEIP - goads - $30.000 to 10. Discussion - EDA - Airport Terminal Arctic Doors I i- 20. Discussion - Lease of City owned Lands - Serendipity - 21. Ratification - Contract with Project Managers of Alaska - Inspection of Projects H. REPORTS 100 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD KW A PM ADJOURNMENT --- - r --V- - - T- r ' AGENDA KENAI CITY COUNCIL - REGULAR 11 EPTINI MAY 3, 1978 • 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING I � t PLEDGE OF ALLEGIANCE I l A. ROLL CALL AGENDA APPROVAL B. HEARINGS 1. Ordinance 398-78, increasing estimated revenues a approprl amount of $7,237 for Tide It. Anti-receasion Revenue Sharing i 2. Ordinance 389-78. increasing estimated revenues a appropr $24,436 in the General Fund - proceeds from auction of City su 3. Ordinance 401-78, declaring surplus old Sewage Treatment well buildings, and all related equipment and materials 4. "Kenai Sewerage Facilities Plan" C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Ron Malston - use by public of City owned facilities 2. Robert Britt - Assignment of Lease S. Phil Bryson - Peninsula Oilers blaster Plan - Recreation Si 4. Soott Petersen - sand in City water D. MINUTES 1. Minutes of the regular meeting of April 26, 1978 E. CORRESPONDENCE. 1. Cook inlet Council on Alcoholism 2. Alaska Aeronautical Industries, Inc. E. F. OLD BUSINESS .l. Ordinance 400-78, establishing policies a procedures - lease of City Airport lands 2. Rasolution 78-50, requesting release by FAA of certain Airport lands S. Amendment to lease - Vesta Leigh for car rental space 4. Lease of City owned lands - Phil Bryson and Craig Press 6. Lease of land adjacent to boat ramp area - R. L. Roper d/b/a Marine Products 6. Determination of responsibility - private property damaged by contractor 0. NEW BUSINESS 1. Bills to be paid, bills to be ratified 2. Ordinance 402-76. Appropriating $5.000 from Water/Sewer Revenue Fund for engineering services relating to interim improvements to Sower Treatment Facility 3. Ordinance 403-78. Kenai Advisory Planning and Zoning Commission 4. Ordinance 404-78, increasing e$timated revenues a appropriations in the amount of $4.430 for Title H. Anti -recession Revenue Sharing Funds 5. Resolution 78-73, transfer of funds (Polito Dept.) - $1,000 to provide funding for replacement of portable radio that was stolen 6. Resolution 78-74, transfer of funds (Legal) $200 to provide partial funding for depleted office supply fund 7. Resoludon 78-75, establishing deadline for submission of materials to be considered at regular Council meeting S. Resolution 78-70, transfer of funds (Fire Reservoir Project 07-51-20074) - $2.500 0. Resolution 78-17, transfer of funds - $1,800 replacement of stove in Ft. Kenny 10. Statement 80 - TRA/Parr - Airport Master Plan Study - $8,535.66 U. Statements - CH2M Hill - (STP - $102.50 a $03.98), (Facilities Plan - $4,795.53 a $9,853.37), 0/1 Study - $3,200 a $2.624.22) 12. Peat, Marwiek, Mitchell a Co. - Council on Aging/Nutrition Program Audit - $2.000 13. Alaska Chrysler, Inc. - $10.916 for purchase of two police ears 14. Lease of City owned lands - Thomas Aekerly/Patrick O'Connell 15. Discussion - HUD Small Cities Grant 10. Discussion - CEIP Water/Sower Grant - $150,000 17. Discussion - EDA - Water a Road Projects surplus grant funds 18. Discussion - CE1P - Roads - $30,000 19. Discussion - EDA - Airport Terminal Arctic Doors 20. Discussion - Lease of City owned Lends - Serendipity 21. Ratification - Contract with Project Managers of Alaska - Inspection of Projects J1 L V 1 �jtYr H. REPORTS 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT MEMORANDUM TO: Honorable Mayor a City Council FROM: Sue Peter, City Clerk DATE: May 2, 1978 SUBJECT: ADDITION TO AGENDA Please add under "Persons Present Scheduled to be Heard" the following individual. C-4: Scott Petersen - sand in City water Also, you will find the minutes from the meeting of April 26th to be included in your packets. Thank you. t I COUNCIL MEET-ING OF MAU 2, iou MALSTON O=REILLY WHELAN ABER ACKERLY AMBARIAN GLICK qv 11q y. 14 ry r./ �a u „ 14 MATAIMM WHELAN q q ANS . ACKERLY v�� . T14 C� l -'---- AMBAB.IAN 7 tl± ,7- q GLICK K E h Y I f. i I _ I • i- . I ±I j CITY OF KENAI ORDINANCE NO. 398-78 l� AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $7,237 FOR TITLE It. ANTI -RECESSION REVENUE SHARING FUNDS _ WHEREAS, Resolution 76-68 authorized the City Manager to execute the Statement of Assurances required to obtain this funding, and WHEREAS, Federal requirements mandate that these funds be spent within six months of receipt, and WHEREAS, the Finance Department to in need of supplies and minor equipment to handle data processing printouts, and the City needs an additional $4,437 for an excess liability insurance policy, and WHEREAS, funds in the amount of $1,500 are desired for moving expenses of the newly appointed Fire Chief, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska that the 1977-78 General Fund Budget and the Anti -Recession Special Revenue Fund be amended to reflect the following increases in estimated revenues and appropriations. Oeneral Fund Estimated Revenues: Transfer from And -Recessionary Special Revenue Fund $7,237 Appropriations: ' Finance - Office Supplies $ 500 Finance - Small Tools a Minor Equipment 800 kNon -departmental - Insurance 4,487 Fire Department - Trsnaportation 10500 Special Revenue Fund Estimated Revenues. Public Works Employment Act of 1976 7,237 v - Title Il, And -Recession Revenue Sharing _--- Appropriatipns: - Transfer to General Fund 70237 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of May, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter City Clerk FIRST READING: April 26, 1978 SECOND READING: May 3, 1978 Finance Director Approval: EFFECTIVE. DATE: June 3, 1976 4 r CITY OF KENAI ORDINANCE NO. 399-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $24,436 IN THE GENERAL FUND. WHEREAS, on March 18. 1978, the City of Kenai sold surplus equipment and other materials at an outcry auction as directed by Ordinance 390-78, and WHEREAS, proceeds from this auction amounted to $24.436. after payment to the auctioneers for their services, and WHEREAS, proper accounting practices require that all approprations of City monies be made by ordinance. NOW. THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the following increases in estimated revenues and appropriations are hereby made for FY 1977-78. General Fund Estimated Revenue: Sale of other Assets $24,436 Appropriations: Public Works Administration - Advertising 176 r� Non- departmental transfer to: Water a Bower Fund 12,130 Streets - •Machinery a Equipment 8,130 Shop - Machinery a Equipment 4,000 Water a Sewer Fund Estimated Revenues: ` - Transfer from General Fund $12,130 f Appropriations: Wat a Bower - Machinery a Equipment 81130 Bower Treatment - Machinery a Equipment 4,000 - PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 3rd day of May. 1978. ATTEST: Sue C. Peter, City Clerk FINANCL DIRECTOR APPROVAL: /IZ, i° =i VINCENT O'REILLY, MAYOR FIRST READING: April 26, 1978 SECOND READING: May 3, 1976 EFFECTIVE DATEt June 3, 1978 r _ .__ �.__—.________.. —... a ..,•,i- a i ilii III I I i .. 11 III I - Ij I ORDINANCE NO. 401-78 AN ORDINANCE OF THE COUNCIL OF TIE CITY OF KENAI, ALASKA, DECLARING THE FOLLOWING BUILDINGS AND BELATED EQUIPMENT AND MATERIALS SUR- PLUS. WHEREAS, the following buildings and their related equipment and materials are no longer needed by the City of Kenai; and, WHEREAS, the following buildings and their related equipment and materials are costing the City of Kenai for utilities and repair and maintenance; and, _ WHEREAS, it will be advantageous to eliminate"the following from the water and sewer system; and, WHEREAS, sealed bids for selling the following with the necessary replumbing designated by the Administration is a reasonable and acceptable means of dis- posal. NOW. THEREFORE, BE IT ORDABIED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: • 4 Section 1. The following buildings and related equipment and materials are hereby 07 declared surplus and available to sell by sealed bids on June 4, 1978. 1. Old Sewage Treatment Plant and related equipment and materials; 2. One shallow well building and related equipment and material; and S. One shallow well building and related equipment and material. i VINCENT O'REILLY, Mayor 1 1 ;I FIRST READING: April 26,1978 SECOND READING: May 3, 1978 ' y EFFECTIVE DATE: June 34978 ATTEST: Sue Peter. City Clerk �f I� Amendment to Page 8 -- Finance Director Ross Kinney advised Council that in acceptance of the Consent Decree as written the Council would be obligating the City to providing matching funds in the amount of $ or approximately $454,000 for the construction of a new facility. /?,j % Cook Inlet Council on .4lcohblism AN AFFILIA1E OF NATIONAL COUNCIL on ALCOHOLISM PHONE 262.4224 P.O. BOX 671 SOI DOTNA. AK. 99669 PHONE 238-8001 SRA - BOX 13 HOMER, AK.99603 Anrll IR, IP78 Mayor Vincent O'Reilly Box 580 Kenai, AK 99611 Mr. Mayor: The Cook Inlet Council on Alcoholism has been in operation continuously since its beginnine, November 20, 1975. We have grown s great deal since that time, with full time offices In Soldotna and Homer, serving the entire P,orough with the exception of Seward and vicinity. This growth 1s due to the combined efforts of those people directly connected with the CICA and the support of the community at large. Our financial structure, I'm sorry to say, has not ,grown at the same rate. In as much as Kenai represents a large portion of our service area, we would like to ask the ;Wy-Tor help in the form of financial assistance. To be specific, 4%E3,000 qWard would enable us to up -date our program of education,— erral, and inter- vention. We operate an alcohol screening program and a Drivers' Alcohol Information School (DAIS). This is a court referral program, see attachment. Our plans for the future are to bring a detoxification and treatment center to this area, no need to mention the need for such a facility. Since January 1 of this year, our Soldotna office has handled the following: Incoming phone calls 590 Outgoing phone calls 785 Drop ins 133 Flims shown 53 Number of people 866 Lectures/Classes 23 Number of people 743 New clients 22 Readmit. clients I Return visits 75 Referrals to DAIS 14 Referrals to AA 5 t. Referrals to individual Counseling 6 Referrals to Other (Dept. of Social Services, treat- ment centers, detoxification, Alanon) 7 These figures are compiled from our records and daily logs. With the exception of the Driver Improvement Screening Project. these services are free of charge to the coinunity and those in need of what our program has to offer. _. Respectfully submitted, tate.- William J. Nelson Executive Director = WJN:cab ..- enc. � 4 11. j Appendix B SCREENING INTRODUCTION You have been assigned to the Driver Improvement Screening Pro to complete a questionnaire and interview as a part of the conditio suspended jail time and fine because of your alcohol related offens Because this assignment is a condition of a suspended sentence a period of up to one year. If at any time during that year it is determined that you are in need of further education or treatment, you may be reassigned to a different program. Please be aware that participation in the program to which you are assigned is mandatory. If you do not comply with the order of the Court and the assign- ment through the Driver Improvement Screening Project, you will be called back into Court to appear before the Judge and explain why you have not complied with your screening assignment. The Driver Improvement Screening Project is not funded by the Alaska Court System, nor are any of the programs to which you will be assigned. Therefore, in some cases there will be a reasonable charge for the program to which you are assigned. The purpose of the Driver Improvement Screening Project 1s to educate those who need to know more about the effects of alcohol on the body and the effects of alcohol upon driving skills. It is also designed to help those who may have a drinking problem deal with this problem more effectively. Alcohol related offenses are Alaska's number one highway safety problem. Please cooperate with us in an effort to reduce.this problem, and save and enhance your own life. Y- -- - - -r-. - r - -1 ALASKA AERONAUTICAL INDUSTRIES, INC. ALASKA'S COMMUTER AIRLINE CERTIFICATED ALL WEATHER GENERAL OFFICES i AIAxI b CHARTER SERVICE Airport Annex • Box 8067 Anchorape, Alaska 99602 _ Phone (9071.2776892 � 71.�`�'" L�/'�'�"'""' J�+�.� �. �.6„a.,¢ � �•�.� (�,G tt..?�t�, T�. /�.0� 0.31. L:.Z �5! 4?41 - kajA`7 lw-L"4` A- i �� Q- � �..-?� GGr✓ tt�e.Q� AM &M--1 r , #6 OW 7t. . )I f lw 04 - 9 -7 4 alf-S - 770 LX A44 01; w2l, R -e x -44 ifw Af- 1; r - i • AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 26. 1978 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING IF LEDOE OF ALLEGIANCE OATH Of OFFICE A. ROLL CALL AGENDA APPROVAL B. HEARINGS 1. Ordinance 395-78. Amending Chapter 4 of the Code providing for enactment of current editions of various Technical Uniform Codes. S. Ordinance 396-78. Declaring one 1952 GMC 2-1/2 ton 6x8 water truck surplus. S. Ordinance 397-78, Further prescribing a outlining the powers, duties i functions of the City Stenger as are consistent with the City Charter. 4. Renewal of Recreational Site License - Peninsula Oilers Renewal of Club License - Fraternal Order of Eagles 03525/3249 C. PERSONS PRESENT SCHEDULED TO BE HEARD 1 1. Les Anderson. Peninsula Ford - Car Leese Ares - Beer's Lair/Terminal Building - 2. Edward Call - Streets sad Driveways/Bush Lanes Subdivision S. Judge James Hanson a James E. Fisher - Jail Facility Proposal 4. Bob Roper, City Owned land adjacent to the boat ramp D. MINUTES 1. Minutes of the rsgnlar meeting of April 5. 1678 a. CORRESPONDENCE 1. Kensi-801dotna Slow Pitch Softball Organi=d= S. NUddd And Annxation Committee g, OLD BUSINESS 1, Reeoludei 76-56, requesting release by FAA of certain Airport Leads . S. Lass of City owned Lends - Phil Brgsca a Craig Frees S. Discussion - Eavironmentsl Protection Agency vs. City of gad 4. Discussion - Most Ramp a Adjacent Lands ' 5. Discussion - Yoshi a Ruth Shiobbs, Lease 0. NEW BUSINESS 1. Bill* to be paid - buss to be ratified S. Ordinance 398-78. And -Recessionary Sharing Puttds in the amount of 15.737 ' 3 8. Ordinance 360-78. Increasing estimated revenues a appropriutons/ 4. Ordinance 400-78, City Airport Lands Leasing Policies and Procedures 5. Ordinance 401-78, Declaring certain City buildings, equipment a materials surplus 0. Resolution 76-61, Accepting EDA grant for winterization of was; storage facility y Rasludon 76-62. 1005 funded grant for two moving radar units ii 5: Rssoludon 78-83. Allocating funds for repair of transmission in grader �. .. !. Resolution 78-64► Waiving penalty a interest on 1077 Sewer Assessment 10. Resolution 18-65, Transfer of Funds, General Fund/Shop - $2,000 a. Resolution 78-669 Transfer of Funds, Kenai Weter Project 07-01-01684 - $2,515 12. Resolution 78-87, Truster of Funds. General Fund/Legislative - $320 f Resolution 78-68, Transfer of Funds. General fund/Legal. Non -depart. ,City Manager U. Resolution 76-60, Transfer of Funds. General Fund/Non-departmental - $3.000 I0. Resolution 76-% Transfer of Funds. General Fund/Legislative. Legal - $1.500 18. Resolution 78-71, Accepting grant from State/Esginsering of Water/Sewer Lines -- If. Payment for Professional Services - Harold os IN. Engineer _ U. Payment D��Yy1's Ef�cavating Excavator in the amount of $47,500 lo" M. REPORTS lU. 41 re 7f 72,, PAdAc, 405rA CN0. --- 1. City Manager's Report S. City Attorney's Report $. Mayor's Report ' 4. City Clerk's Report 5. Finance Director's Report ' S. Planning Commission's Report Report 7, Borough Assembly's [. PERSONS PRESENT NOT SCHEDULED TO BE HEARD y ADJOURNMENT 1 t KENAI CITY COUNCIL - REGULAR MEETING ,„,APRIL 26, 1978 - 7:00 P.M. {ENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present. Betty Glick, Ron Alalston•, Vincent O'Reilly, Dan Whelan, 1 Tom Ackerly and Edward Ambarian Absent: None AGENDA APPROVAL: Mayor O'Reilly requested that Resolution 78-72 be added to the agenda. was no objection. i MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that if the at hand is not completed, the Council recess at 12: 00 midnight and recon 5:00 p.m., Thursday April 27th. Motion passed unanimously by roll call vote. B. HEARINGS B -k Ordinance 385-78.Amending Chanter 4 of Code Providing for enactment current editions of various Technical Uniform Codes Mayor O'Reilly read Ordinance 385-78 by title only. "An ordinance of t of the City of Kenai, Alaska, amending Chapter Four of the Code of the 4 Kenai to provide for enactment of current editions of various Technical 1 Codes." Mayor O'Reilly opened the hearing to the public. There was no commel MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Ordinance 395.78, amending Chapter 4 of Code providing for enactment of current editions of various Technical Uniform Codes. With Council consent, City Building Inspector Howard Hackney, responded to questions raised within the ordinance by members of Council. Mr. Hackney !Gather requested that an amendment be added on page 4-3, adding Section 4.05.040. Councilman Ambarian stated that in reviewing the building permits, it appeared that permits were being issued on owner/builder estimates and perhaps the Building Inspector should be required to make a final inspection of the facility to determine if estimate is accurate. Councilman Ambarian advised l Mi April 26, 1978, Page 2 that property tax evaluation could possibly be affected. Councilman Ambarian further inquired as to the reference on page 4-8, "plastic pipe" and the reasoning for the requirement. Mr. Hackney advised tha plastic pipe was never allowed under ground. Councilman Ambarian questioned deletion of Table A, Chapter 2 (page 4-9 of the Code) and was advised by Mr. Hackney that when hot water is run through the pipe! the molded plastic becomes pliable and takes the shape of the area it travels over: Councilman Ambarian stated that on Page 4-13 it appears that a proper definition of trailers should be included. i.e. flatbed, etc. Mr. Wise advised that the Planning Commission was working on a definition that would be suitable and acceptable to the Code. Councilman Ambarian questioned (page 4-14) why trailer parks had not been included and Dor. Hackney responded that trailer parks were governed by the State. MOTION - AMENDMENT Councilman Whelan moved, seconded by Councilman Ackerly, to amend Ordinance 395-78; by adding a new 04.05.040, Section 1404 Amended - Exit Facilities. Section 1404 of the Buidling Code as adopted by this chapter is amended by changing the last sentence to read: "Where windows are provided as a means of egress or rescue, they shall have a finished sill height not more than 48 inches above floor". All numerical sequence shall be changed there- after. QUESTION Amendment passed unanimously by roll call vote. MAIN, AS AMENDED Passed unaniraousiy by roll call vote. B-2: Ordinance 398-78, declaring water truck surplus Mayor O'Reilly read Ordinance 396-78 by title only. "An ordinance of the Council of the City of Kenai declaring one 1952 GMC 2-1/2 ton 6x6 water truck surplus equipment." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for adoption of Ordinance 398-78, declaring the 1952 GMC water truck surplus and making it available to sell to Kenney Carver for the amount of $150.00. Motion passed unanimously by roll call vote. B-3: Ordinance 397-78, City Manager/Council policies Mayor O'Reilly read Ordinance 397-78 by title only., "An ordinance of the Council of the City of Kenai further prescribing and outlining the powers, duties and functions of the Ciy Manager as are consistent with the City Charter." Mayor O'Reilly opened the hearing to the public. There was no comment. 4 F— I I IIID -- April 26, 1976, Page 3 - �- ,� -- •- — -� � -� ---mow- - r ue i i i Iiia i 1 1 _ MOTION: r-. Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Ordinance 397-78, further proscribing and outlining the powers, duties and functions of the City Manager. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, to amend Ordinance 397-78, by adding to paragraph f the following: ........except by prior approval of the City Council as mandated by and with the exceptions contained in Section 7.1$.030 of the Kenai Code. City Attorney Sehlereth advised that Ordinance 242-74 dated March 20, 1974 listed certain exceptions so that these items could be paid when they fall due and payments ratified by Council at their next regular meeting. The exceptions include: utility bills, City's routine investment purchasing, monthly payments for payroll deductions, monthly natural gas payments, authorized debt and monthly contracted janitorial service. MOTION - AMENDMENT Councilman Whelan moved, seconded by Councilman Ambarian, to further amend Ordinance 397-78, paragraph c - adding the following: .......within 36 hours of presentation it possible, with copies to go to all Council members." And, further amend by adding paragraph h which shall read: "If appropriate, alternatives will be submitted when Administration presents proposed ordinances or resolutions." QUESTION Amendment passed unanimously by roll call vote. QUESTION Amendment passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. B-4; Renewal et Recreational Site Mail - Peninsula Oilers Avowal of Club License - Fraternal Order of Esales City Clerk Sue Peter advised that all taxes were current for both organizations. Council -had- no- objection to the renewal of licenses for the Peninsula Oilers and Fraternal Order of Eagles and the Clerk was instructed to so advise the Alcoholic Beverage Control Board. C. PERSONS PRESENT SCHEDULED TO BE HEARD -1: Les Anderson, Peninsula Ford - Car Lease Area - Bear's Lair Mr. Anderson came before Council to obtain approval to operate a Ford rental agency using Vesta Leigh as the operator. Mr. Anderson advised that he had April. 26, 1978, Page 4 submitted the standard form to the City Attorney and would, therefore, request Council's favorable consideration. Councilman Ackerly inquired H parking spaces would be available and was advised by City Manager Wise that spaces would be provided, however, Air. Anderson would be required to furnish his own electrical outlets. i # Councilman Alalston in at this time. -f MOTION: j Councilman Ambarian moved, seconded by Councilman Whelan, that Council hereby approves the concept of Mr. Anderson's request to operate a Ford car rental business out of the Bear's Lair in the Terminal Building. _i Motion passed unanimously by roll call vote with Councilman Malston abstaining. Council directed Administration to prepare the proper amendment to Ms. Leigh's lease and submit all pertinent agreements, etc. to Council for their review. C-2: Edward Call - Streets and Drivewave/Bush Lanes Subdivision Mr. Call, a resident of Bush Lanes Subdivision, came before Council to request determination of responsibility of damage he states was done to his property. Mr. Call explained that Mr. Bill Quandt had a water line constructed last fall and during excavation the contractor dumped excess dirt and sand on Mr. Call's property. Mr. Call stated that he had contacted Mr. Quandt and the contractor and at this point in time, nothing had been accomplished with regard to his complaint. Public Works Director Keith Kornelis explained that the City was not committed to repair damage done to property by a private contractor. Councilman Aber suggested that Mr. Kornelis check with the contractor as he should have a current bond and would be held liable to restore the area. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that the City Manager • direct the Public Works Director to investigate the matter further, meeting with Mr. Call and the contractor and return to Council with a viable solution to the matter. Motion passed unanimously by roll call vote. C-3: Judtte James Hanson and James E. Fisher - Kenai Jail Facility Proposal This matter will be taken up at a later point in the meeting due to Judge Hanson's inavailability at this time. C-4: Bob Rover. Citv owned land adiacent to the boat ramp_ To be taken up under item F-4, old business. 1. MINUTES D-1: Minutes of the regular meeting of April 5, 1978 l u . April. 26, 1978, Page 5 _ --- Councilwoman (click requested the following additions to the agenda: page five Inclusion of Councilman Whelan's inquiry as to whether or not the ordinance would have to be repealed and then the City Attorney's response. Also, the inclusion of Councilwoman Chick's comments relative to the Police Officer's Association in that if they wanted to organize for the betterment of themselves and for the City, they should be commended on it. City Clerk Sue Peter also advised that on page two of the minutes in which the outcome of the ballot for new councilmember was announced, the minutes should be adjusted to reflect that five votes were cast for Phillip Aber and one no vote cast. Mayor O'Reilly stated that he would object to this change as there was no objection to the matter at the time it was announced and further Mayor O'Reilly read from Mason Rules of Order in which it states ....... a blank ballot is of no effect except to indicate members present. Councilman Ambarian inquired from the City Attorney as to whether or not a blank ballot indicates a no vote or abstension and was advised by City Attorney Schlereth that in this particular case the Council was voting on a matter with only one name being considered and there was a ballot turned in with no name which could be interpreted as a blank, negative or no vote. QUESTION: The minutes stood approved as corrected with Councilman Whelan and Mayor O'Reilly voting no and Councilman Aber abstaining. ,'D-3: Judge Hanson - Kenai Jail Facility At this time Judge Hanson was available and reported to Council that he felt upon leaving Juneau that an agreement was at hand, however, in the past few weeks it appears that the status of negotiations is very questionable. Judge Hanson further stated that the area definitely needs a jail facility for many reasons such as individuals incarcerated awaiting trial are now housed in Anchorage and do not have access to their attorneys. In addition, several individuals should be retained in the jail, however, are free on bail because of this situation, etc. . and Judge Hanson further stated that he for one is very concerned that these individuals out on bail could be possibly be involved in additional problems. Judge Hanson requested and urged Council to do everything in their power to encourage negotiations of a jail contract between the State and the City without further delay. Councilman Ambartan stated in reading correspondence received from Trygve Hermann, Director of the Division of Administrative Services, it was apparent that Mr. Hermann has missed the entire point in that Kenai is offering a service to the entire Kenai Peninsula area. Mayor O'Reilly advised that Mr. Hermann responded to Senator Tillion with figures of only 5 -person occupancy -- Judge Hanson stated that this was not a realistic figure as discussions have indicated that when the facility is not full, Anchorage would send their "overflow" down for incarceration. Mayor O'Reilly further explained that the City requested $.80/sq.ft. rental and the State came back with an offer of $.30 -- Mayor O'Reilly stated that he would suggest a figure closer to the $.80. In addition, Mayor O'Reilly stated the State also came in with a $4,000 figure for administrative support, etc. and LA _ — - c —�i�_� ay cin i ul m_�se:. 4 . April. 28, 1978, Page 6 — 1 the Mayor stated he would consider a figure of $7-8,000 more realistic. blayor O'Reilly recommended that the City proceed immediately with returning to the i Commissioner and the Deputy Commissioner with City's budgeting requests. Councilman Ambarian stated that it was his opinion that the City was being more than fair with the State and would recommend that the original proposal as submitted j by the City is fair and equitable. Councilmembers Whelan and Ackerly concurred. Councilman Whelan stated that he would request that the Commissioner be apprised of the fact that Mr. Hermann's estimate is based on 50% occupancy and is not accurate according to testimony presented to Council. Councilwoman (click also requested that it be pointed out to the Commissioner that this is an area -wide endeavor. MOTION: Councilman Whelan moved, seconded by Councilman.Alalston, that the City's proposal, as amended, be sent to Commissioner Beirne accompanied by a letter from Administration pointing out such items as the occupancy rate, serving area - wide and other relevent back-up information that would be beneficial in presenting the City's position relative to the Jail Facility agreement. Motion passed unanimously by roll call vote. E'. CORRESPONDENCE E-1: Kenai-Soldotna Slow Pitch Softball.2-Elanization I Mayor O'Reilly acknowledged receipt of correspondence from Steve Shearer } of the Slow Pitch Softball league in which they request City consideration to upgrading the existing facilities and proposal of future development. E-2: Mikiski Anti Annexation Committee Mayor O'Reilly acknowledged correspondence in which the members of the Nikiski Anti Annexation Committee resolved that they are unanimously opposed to any attempt by any party for annexation of their area. F. OLD BUSINESS F-1: Resolution 78-58, reauestine release by FAA of certain Airaort lands Mr. Wise requested that the matter remain tabled until the request of Council has been completed relative to a development plan. F-2: r"anae of Oft ocaned lands - Phi1 Rrvson and Crsir Freas City Attorney Schlereth advised that at the last meeting of Council, Administration was directed to negotiate with the lessee a solution for making sewer available. Mr. Schlereth presented a draft letter to be sent to the lessee. Councilman Malston suggested that the City proceed with leasing of the subject parcel and allow the lessee to construct water/sewer -- then the lessee could return to the City for reimbursement for a portion of the costs involved which perhaps would aid in getting the probjeet completed at a lower cost without going to bid, etc. City ■i~arcs`-___-�-�-__..-. :.�. ,._�_... _.� i,. i. -_ __. --�'• { April 26, 1978, Page 7 Attorney Schlereth advised he would have to investigate the legal ramifications of this suggestion. Mr. Freas pointed out to Council that the need for the sewer Is because they were within 200' of the line. Mr. Freas further stated that as time was of the essence, he would like to finalize the lease in order not to further delay construction. Finance Director Kinney advised that costs to be reimbursed by the City could be construed as providing the service to the lot across the street from the proposed parcel which the City still owns and maintains. At Council direction, Administration/City Attorney is to prepare a solution for presentation at the next regular meeting so that the lease can be finalized without further delay. Brvson/Freas - reciuest to purchase City owned foreclosed property, City Attorney Schlereth advised Council that under specific provisions of the Code, parcels not sold at public auction can be sold over the counter. The former owner shall be given notice of intent to sell and after all delinquent taxes, etc. have been satisfied, all remaining proceeds from the sale of the foreclosed property shall be submitted to the former owner. Mr. Schlereth advised that Mr. Bryson and Mr. Press request to purchase Lot 5, Block 3. Fast Addition Kenai Townsite for a proposed purchase price of $2,000 and E-1/2 of Government Lot 36, Section 31, T6N, ii11W, SM for a proposed purchase price of $6,000. MOTION: Councilman Whelan moved, seconded by Councilman Aekerly, that Administration be directed to look into the matter of sale of these two foreclosed properties to determine the current value, if the City has a use for the land in question, and, if Administration so recommends sale, return to Council with the proper ordinance for Council to proceed with the request. Councilman Ambarian stated that the Council had already established that it had no use for the land and had directed the sale previously, therefore, the City should proceed with sale. QUESTION Motion passed by roll call vote with Councilman Ambarian voting no. F-3: _Z}vironmental Protection Agenev vs. Citv of Kenai City Attorney Schlereth presented the Council with a draft letter to accompany the proposed "Consent Decree" to be sent to EPA. Mr. Sohlereth stated he would recommend the City agreeing to paying the $5,000 penalty but would recommend that the wording contained in the Decree would be such to be of a very benefieal nature to the City. Mr. Schlereth stated that if the City did not meet the penalty as set forth by EPA, Court costs could far exceed the $5,000. Councilman Whelan stated that if the City signs the Consent and agrees to paying $5,000, any further meetings with EPA would be fruitless? City Attorney Schlereth agreed, however, stated that perhaps EPA would be satisfied with the Consent Decree. Councilman Whelan further stated that the City has made great efforts to make improvements, etc. as required by EPA and it appears that EPA is not taking this into consideration. Mr. Schlereth advised that in telephone conversations with EPA, it appeared that FA April 26, 1978, Page 6 they were requiring a certain fine for violations levied against the City. Councilman Whelan stated that he felt the City has been very reasonable in meeting EPA half way and further felt that for EPA to continue the "hard" approach was extremely unreasonable and the fine levied was quite high for a City the size of Kenai. Councilman Whelan further stated that he felt the Court would not hold the City to the $5,000 fine. Councilman Aber stated that if the City pays the $5.000 fine, the City should not have to make interim changes as there is no guarantee that EPA will not come back with additional changes. Councilman Ambarian stated that after discussions with the City Attorney it was his opinion that the $5,000 would be a small sum to pay to get the conditions contained in the Decree. City Manager Wise reported to Council that the plant{ was now in compliance and, did not personally, agree with the $5,.,Or. � r c ; t ; � MOTION: 'LSU/o Councilman Malston moved, seconded by Councilman Ambarian, `that the City Attorney be hereby directed to send his letter along with an unsigned Consent Decree to EPA. Motion passed by roll call vote. Voting yes; (click, Malston, Ackerly and Ambarian. Voting not O'Reilly, Whelan and Aber. F-4: Boat ramp a adiacent lands City Manager Wise advised Council that he had proceeded with the survey and plat of the land in question (per telephone poli conducted by the City Clerk) and will not receive the appraisal until the plat is completed. City Manager Wise requested Council approval for an appraisal to determine value of the land to establish a lease rate. Councilman Whelan questioned U the land were not available for sale, would Mr. Roper be interested in a long term lease? Mr. Wise responded that Mr. Roper would prefer to buy, however, this particular item has not been discussed. MOTION; Councilman Ambarian moved, seconded by Councilman Malston, that the City Manager • be directed to enter into a contract for surveying of the parcel in question and to proceed with appraisal of same. Motion passed unanimously by roll call vote with Councilman Aber abstaining due to personal business involvement. City Manager Wise advised that Mr. Roper would like immediate occupancy and would, therefore, request that the City apply the 6% of appraised value figure to establish a lease rate and draw up a short term lease with Mr. Roper. MOTION: Counoilman Ambarian moved, seconded by Councilman Malston, that Administration be directed to enter into a short term agreement with R. L. Roper d/b/a Marine Products for five acres on Kenai River in Tract B adjacent to Kenai City Boat Ramp. Motion passed unanimously by roll call vote with Councilman Aber abstaining. Aprit 26, 1978, Page 9 F-5: Yosbi and Ruth 3hiohira Lease /'IN Mr. Wise advised that the lease was re -written at the request of the attorney for the Shiohiras as the lease was based on the 1970 figure and should be up -dated plus the attorney had submitted an amendment for Council consideration in which a new paragraph would be added to the lease document: "Right to Purchase. It is mutually agreed between the lessor and the lessee that should the within property become available for sale through the removal of existing covenants upon the land or that a waiver thereof is granted, the lessee may purchase said property, at any time, during the lease at its fair market value, which is to be established as set out in paragraph 10, by three disinterested persons." ' Mr. Wise advised that there were no covenants on the property and it could, therefore, be sold at any time. MOTION: Councilman Whelan moved, seconded by Councilman Ambarlan, that lease of Lot 3, Gusty Subdivision, to Yoshi and Ruth Shiohira be hereby approved at an annual rental of $.06/sq. ft. Council determined that the matter of Right to Purchase would not be considered at this time. QUESTION: Motion passed unanimously by roll call vote. 0. NEW BUSINESS 0-1: mills to be naid - bills to be ratified MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly for ratification of approval of bills to be paid, bills to be ratified per telephone poli conducted of Council on April 20, 1978. Motion passed unanimously by roil call vote. Mayor O'Reilly read Ordinance 398-78 by title only. "An ordinance of the Council of the City. of Kenai increasing estimated revenues and appropriations in the amount of $5,737 for Title II, Anti -Recession Revenue Sharing Funds." Mr. Wise requested the ordinance be revised to reflect the following: in the amount of $7,237. add a Whereas, $1,500 shall be allocated for moving expenses for the newly appointed Fire Chief, under appropriations add Fire Department -Transportation $1,500 and adjust totals, where applicable, to $7,237. i a I ` . April 26, 1978, Page 10 MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for introduction of Ordinance 398-78, anti -recession Revenue Sharing Funds in the amount of $7,237, as revised by the City Manager. Councilman Ambarian inquired if the City Manager had selected a Fire Chief and Mr. Wise advised that he had selected Walter Winston from Ketchikan. QUESTION: Motion passed by roll call vote with Councilman Ambarian voting no. 0-3: Ordinance 399-78, increasing estimated revenues and appropriations Mayor O'Reilly read Ordinance 399-78 by title only.' "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations by $24,436 in the General Fund." Mr. Wise advised that these were proceeds from the sale of City surplus equipment and other materials at the auction of March 18th. MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for introduction of Ordinance 399-78, increasing estimated revenues and appropriations by $24,436 in the General Fund. Councilman Ambarian stated that the City did not commit themselves to the purchase of new equipment and perhaps should take a long look at the upcoming budget prior to a decision being rendered. Councilwoman Glick state that she recalled prior discussions in which the intent of proceeds from the auction was to purchase new equipment. Councilman Aber requested that Administration, when purchasing the two 4 -wheel drive vehicles, look into purchasing utility boxes to be attached to the beds of the trucks. QUESTION: • Motion passed by roll call vote with Councilman Ambarian voting no and Mayor O'Reilly not present for voting. 0-4: Ordinance 400-78. City Airport Lands Leasing Policies and Procedures Mayor O'Reilly read Ordinance 400-78 by title only. "An ordinance of the Council of the City of Kenai, establishing policies and procedures relative to the leasing of City Airport Lands." MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, to table Ordinance 400-78 until the next regular meeting of Council. Motion passed unanimously by roll call vote with Mayor O'Reilly not present for voting. 1 i A7Apri1 26, 1978, Page 11 T- G-5: Ordinance 401-78, Deelarina certain city buildings, equipment & materials Mayor O'Reilly read Ordinance 401-78 by title only. "An ordinance of the of the City of Kenai declaring the old sewage treatment plant and related equipment and materials; and two shallow well buildings and related equir and materials, as surplus." MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for introdue j of Ordinance 401-78, delaring certain building and related equipment and i materials surplus. i Mr. Wise requested that Section 1 be amended to reflect a later date for se of the declared surplus items. MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman Whelan, to amend the ordinance to include .......declared surplus and available to sell by sear bids on June 4, 1978: Motion passed unanimously by roll call vote. MAIN,AS AMENDED Passed unanimously by roll call vote. d-6: Resolution ?8-81, Acceatine F.DA grant for winterization of warm storatae ib.;...... Mayor O'Reilly read Resolution 78-61 by title only. "A resolution of the Council of the City of Kenai accepting an Economic Development Administration Public Works Improvement Program brant of $26,400 for winterization of the Airport warm storage building." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-61, accepting EDA grant in the amount of $26,400 for winterization of the Airport warm storage building. Motion passed unanimously by roll call vote. 0-7: Resolution 78-62. 100% funded grant for two movine radar units Mayor O'Reilly read Resolution 78-02 by title only. "A resolution of the Council of the City of Kenai authorizing the City Manager to apply for a 100% funded grant for two moving radar units." W Mayor O'Reilly opened the meeting to the public. There was no comment. im . April 26, 1978, Page 12 MOTION: Councilwoman Blick moved, seconded by Councilman Aialston, for adoption of Resolution 78-62, authorizing the City Manager to apply for a 100% funded gra from the Alaska Traffic Safety Bureau for two moving radar units. Motion passed unanimously by roll call vote. G-8: Resolution 78-63,p Allocatine funds for repair of transmission in grader Mayor O'Reilly read Resolution 78-63 by title only. "A resolution of the Cour of the City of Kenai that monies allocated in the budget for shop repair and Maintenance Supplies be used for the rebuilding of the transmission of the Cil of Kenai's 1969 Gallion Grader." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution 18-63, allocating funds for repair of transmission in grader. Councilman Aber stated that in his opinion this particular piece of equipment should not be repaired as it is in very poor condition. Public Works Director of Keith Kornelis concurred that a new piece of equipment is direly needed as transmissions are no longer made for the City's model of grader. Motion passed by roll call vote with Councilmembers Malston and Ambarian voting no. G-9: Resolution 78-64. Waivisst penalty a interest on 1877 Sewer Assessment . Mayor O'Reilly read Resolution 78-64 by title only. "Be it resolved by the Council of the City of Kenai that penalty and interest on the 1977 Sewer Assessment on hot 7, Block 5, General Aviation Apron be waived." ►--- Mr. Wise advised that it was apparent the Finance Department did not send i a 1877 Sewer Assessment on Lot 7, Block 5, General Aviation Apron, and r v' recommended waiver of penalty and interest. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Whelan, for adoption of _ -..... _ . . Resolution 78-64, waiving penalty in the amount of $24.83 and delinquent interest in the amount of $10.73, on Sewer Assessment for Lot 7, Block 5, GAA. Motion passed unanimously by roll call vote. -10: Resolution 78-65. transfer of funds, General Fund/Shop - $2,000 Mayor O'Reilly read Resolution 78-65. that transfers be made within the 1877-78 General Fund Budget from: Shop Repair a Maintenance Supplies - ($2.000) R ' S �i i. 1 i f i t .. i f r i a 11 To: Shop Machinery & Equipment - $2,000. to provide additional monies required to purchase two floor jacks and a wheel balancing machine. Mayor O'Reilly opened the meeting to the public. There was no comment. �OT1ON Councilman Malston moved, seconded by Councilwoman Blick, for adoption of Resolution 78-65, transfer of funds in the amount of $2,000 to purchase two floor jacks and a wheel balancing machine. Motion passed unanimously by roll call vote, G-11: Resolution 78-66, transfer of funds, Kenai Water Project 07-01-01684 - $2,515 Mayor O'Reilly read Resolution 78-68, transferring funds within the Capital Project Fund entitled "Kenai Water Project 07-01-01689 from contingency - ($2,515) to Construction - $2,515 for Change Order No. 13 -IN approved by Council in Resolution 77-126. j Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for adoption of Resolution 78-66, Kenai Water Project 07-01-01684, Change Order 13 -IN in the amount of $2,515. Motion passed unanimously by roll call vote. C"').- Resolution 78-67. transfer of funds. General Fund/Legislative - $320 Mayor O'Reilly read Resolution 78-67, transferring funds within the 1977-78 General Fund Budget from Legislative - professional services ($320) to Legislative - Miscellaneous - $320 to provide funding for the 1978 Alaska Municipal League Service Charge. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION:• . Councilman Ackerly moved, seconded by Councilwoman Glick # for adoption of Resolution 78-67, transferring funds in Legislative budget in the amount of $320 for funding of 1878 Alaska Municipal League Service charge. f ; Motion passed unanimously by roll call vote. ---- 13: Resolution 78-68. transfer of funds, General Fund/Legal, Non -departmental, City Mgr. - Mayor O'Reilly read Resolution 78-68, transferring monies within the 1977-78 General Fund Budget From: Non -departmental - Printing & Binding - ($585) ' = and City Clerk - Transportation - ($450) to: Legal - Communications - $475, - Non -departmental - utilities - $550 and City Manager - office supplies - $10. ,.the purpose of this resolution is to provide additional funding for telephone and %Wpostage costs in Legal Department, additional utility costs for Ft. Kenay and additional office supplies for City Manager Department. a 7 E f i - 1 J j April 26, 1976,Page 14 ii 11 ViA 011.1111111_�. Mayor O'Reilly opened the meeting to the public. There was no comment. AOTION: Councilman Malston moved, seconded by Councilman Aekerly, for adoption of Resolution 78-68, transferring funds in the amount of $1,035 to provide additional funding in the Legal, Non -departmental and City Manager budgets. Motion passed unanimously by roll call vote. G-14: Resohition 78-69. transfer of funds. General Fund/Non-departmental - $3,000 Mayor O'Reilly read Resolution 78-69, transferring monies within the 1977-78 General i Fund Budget from: Non -departmental - Printing & Binding _ ($3,000) to: Non - departmental - Special Assessments - $3,000 to provide additional funding for annual installments on assessments levied against City owned property. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution 78-69, transfer of funds in the amount of $3,000 for funding of annual Installments on assessments levied against City owned property. Motion passed unanimously by roll call vote. d-15:.Resolution 78-70. transfer et funds. den g1Fund/Lgglalatiye. Laal - $1.500 Mayor O'Reilly read Resolution 78-70, transferring funds within the 1977-78 General Fund Budget to Legislative - Printing & Binding - $1,000 and Legal - Printing & Binding - $500 to provide for additional printing and binding charges. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Aekerly, for adoption of Resolution 76-70, transferring funds in the amount of $1,500 to provide. for printing and copying charges. Motion passed unanimously by roll call vote. 0-16: Resolution 78-71, accepting grant from State/Engineering of Water/Sewer lines Mayor O'Reilly read Resolution 78-71 by title only. "A resolution of the Council of the City of Kenai accepting a grant from the State of Alaska in the amount of $150,000 for engineering of Water & Sewer Lines." Mayor O'Reilly opened the meeting to the public. There was no comment. 0 4 -V- J April 28, 1978, Page 15 MOTION: Councilman Whelan moved, seconded by Councilman hialston, for adoption of I Resolution 78-71, accepting a grant from the State of Alaska in the amount of $150,000 for engineering of Water a Sewer Lines. Motion passed unanimously by roll call vote. Q-17: Pa=e„_ nt for professional services - Harold Gelliett. Engineer MOTION: Councilman Whelan moved, seconded by Councilman Malston, for approval of - payment in the amount of $4,947.30, services for Kenai Water Tank project and payment in the amount of $4,015.77 Kenai Wateri Project 07-01-01884 to Harold H. tlalliett, Jr., engineer. Motion passed unanimously by roll call vote. 0-18: Payment to _o_y s ExcavatinlL MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for approval of payment in the amount of $47,500 to Doyle's Excavating & Construction Company for one 1972 Drott Excavator 40 - Serial 023-13. Motion passed unanimously by roil call vote. 0-19: Resolution 78-72. Positional Statement relative to Pacific Alaska LNG Mayor O'Reilly read Resolution 78-72 by title only. "A resolution of the Council of the City of Kenai submitting a positional statement in the matter pending before the Federal Energy Regulatory Commission of the United States of America of Pacific Alaska LNG Company and Western LNG Terminal Associates." • Mayor O'Reilly opened the meeting to the public. There was no comment. K = MOTION: } Councilman Whelan moved, seconded by Councilman Ambarian, for adoption of Resolution 78-72, positional statement relative to Pacific Alaska LNG. _ Motion passed unanimously by roll call vote. H. REPORTS H -l: City Manager's Report (a) Mr. Wise advised that his office had received approval of Airport Way reallignment ' but have not received approval of the other projects relative to the reservoir and water/sewer. I 1; April 26, 1978, Page 16 I t i i --(b) City Manager Wise reported that the Legal Department is currently in the process I of filing a lien on the Lockheed Constellation so that the City can dispose of it. (c) Mr. Wise requested authorization to receive quotes from surveyors and appraisers on City owned lands (right-of-way) as the Youth Corps will clear the firewood for the State parks. Council so concurred. Mr. Wise also stated that the land in front of Alaska State Bank and the Henco Building needs to be surveyed in order to determine the metes and bounds. Council so concurred that Administration could seek quotes a in addition, requested that Administration look into the cost for surveying of the entire strip. (d) Ft. Kenay - gas range (e) Mr. Wise advised that the quotes for the replacement range came to $1,265 and Administration would prepare proper funding resolutions for the next meeting of Council. Mr. Wise advised that it would be necessary for the Council to select a project coordinator/ inspector as the projects were underway and were in dire need of an inspector to be on the job immediately. Mr. Wise presented Council with a break -down from the four firms submitting proposals. Finance Director Ross Kinney advised that only one of the proposers had included a "not to exceed" figure and the others were open-ended. Public Works Director Keith Kornelis stated that he would recommend selection of one of the engineering firms in that having the inspections done in-house would create a heavy burden on clerical staffing, etc. Councilman Ambarlan stated in reviewing the firms, they are all qualified to do all the projects involved. As Project Managers is a firm submitting a propsoal, Councilman Whelan requested that the City Attorney submit a report as to the legal ramifications as Councilman Aber is associated with PMA. City Attorney Schlereth read verbatim from Section 1-18(c) of the Kenai City Code in which members of Council may not vote on any question in which they are pecuniarily interested in directly or indirectly and if any member should desire to have business dealings with the City whereby they derive income and benefits they shall be required to file with the City Clerk a statement under oath which shall include the nature of the proposed transaction and the extent of the interest, direct or indirect. Councilman Ambarian stated that he felt that one engineering firm could handle all the inspections required for all projects and it would, therefore, appear that PMA was lowest in hourly rate and in addition they were a local firm. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the contract for inspection of the 1977 Water/Sewer and Street Improvement and 3 million gallon storage tank projects be awarded to Project Managers of Alaska per their proposal with a "not to exceed figure" to be negotiated between Administration and PA'IA . Motion passed unanimously by roll call vote with Councilman Aber abstaining because of personal interest. a I . April 26, 1878. Page 17 (f) Mr. Wise reported that a change order would be necessary for the storage tank project as it is necessary to relocate interfering power cables and one pole. Mr. Wise advised that the maximum cost for this would be $2,500. I MOTION: Councilman Ackerly moved, seconded by Councilman Aber, for approval to proceed with relocation of interfering power cables and pole and to present Council with proper Change Order documentation at the next regular meeting. Motion passed unanimously by roll call vote. (g) Mr. Wise also requested authorization to proceed with ordering of the replacement stove for Ft. Kensy. Council voiced no objection. (h) Budget Work Sessions - Council set the following times for the budget work sessions and directed the City Clerk to advertise same: Monday, May lot - 5:30 p.m. Friday, May 5th - 5:30 p.m. H-2: City Attorney's Report No further report this evening 0H-3: Mayor's Report No further report this evening I ' H-4: City Clerk's Report None H-5: Finance Director's Report None - H-6: Planning a Zoning Commission's Report None ` H-7: Borough Assembly's Report None I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD • None h ADJOURNMENT There being no further business to be brought before Council, meeting adjourned at 12:40 a.m. _Re� i'petful� �imitted,r� i r f. i) f I I l� R i _ 0 NOTICE OF PUBLIC HEARING CITY OF KFNAI SEWERAGE FACILITIES PLAN The Kenai City Council will hold a public hearing during its regular Council meeting on Wednesday. May 3. 1978, at 8: 00 p.m. in the Public Safety Building on Willow Street to hear public comment on the draft "Kenai Sewerage Facilities Plan" prepared by CH2M Hill under contract to the City of Kenai. Items to be discussed include: (1) Results from sewer smoke testing and an infiltration/inflow analysis; (2) Routing of new interceptor sewers; (3) Methods for immediate upgrading and expansion of the sewage treatment plants and (4) Requirements for sewage collection and treatment for a 20 -year planning period. Economic, engineering and environmental factors will be presented and discussed. A 30 -day written response period will follow. Copies of the draft plan will be available for review in the office of the City Clerk by April 18, 1978. Published Mar. 30, Apr. 13, 27 g2ry / Sue C . Peter, City Clerk V. 0) PLEASE CONSIDER AN AMENDMENT TO PROPOSED ORDI Section 21.05.060 thereof as attached thereto. ih--- i. 1w, rw A r 21.05.080 Principles and Policv of Lease Rates 10 L. -- - 1. (continued) b. The actual rate of return determined to be a fair • return to the City shall be set annually in May by resolution of the City Council and shall apply to all leases thereafter requested. 2. Realizing that investors, developers and other poten- tial lessees may need a reasonable assurance of stability in future lease rates in order to obtain certain types of financing from lending institutions, the redetermination clause of all future leases may Include the following provision as an alternative to the redetermination clauge outlined in paragraph 1 above: D'o bto "At each five year`interval, the fair market value shall be determined by qualified independent appraisers. The r determined lease rate, annual rent, under this rovision shall be limited to a thirty percent Q %) (6% per year) increase in the prior lease ate, except where there are justifiable increases due to provisions of addi- tional services, such as public water, public sanitary sewer, storm sewers, and major improvements in roads." 3. Recognizing that the fixed rental provision outlined In paragraph 2 above does not protect the City, as landlord, against inflation and, therefore, a fixed rental provision by itself may violate the covenants of the quitclaim deed and various deeds of release by which the City obtained the land in question, (which covenants mandate that the City obtain a fair rate or return from the property) the following provision will be contained in all leases that utilize the fixed rental provision of pargraph 2 above: "As additional rent, the lessee shall pay to the City a sum as determined by either of the following computations, whichever is lose: (a) One percent of the gross receipts collected by the lessee from the operation of the leased property every lease year. The Tenant shall keep a full and accurate set of books adequately showing the amount Of gross receipts received by the Tenant in each T :�- -�- - r �-� A �- i^• -� -fir -� lease year. Within 60 days after the close of each lease year, the Tenant shall furnish to the City copies of its federal income tax returns or borough sales tax returns for each year or part thereof that the lease period covers. The Tenant shall pay to the Landlord all such additional rent every fifth year at the time that the lease rate is redetermined pursuant toparagraph l above. The Landlord and its duly authorized representatives shall have the right to inspect the Tenant's books, records, leases and other supporting data at all times during the - term of this lease during normal business hours. (b) A sum of money determined by taking the diff- erence between the fixed lease rate as determined in paragraph 2 above and the five year escalated lease rate as determined by paragraph 1 above." ; 'I-- -- -_ - r mi 1111711 u 1 1lill 11" 1110 .1 011110 Chanter 5. Rules and Regulations Governing The Leasin of City -Awned Airport hands 21.05.010 Lands Available for Leasing 21.05.020 Qualifications of Applicants or Bidders 21.05.030 Applications 21.05.040 Rights Prior to Leasing 21.05.050 Processing Procedure 21.05.060 Service by Realty Firms and Brokers 21.05.070 Bidding Procedure 21.05.080 Principles and Policy of Lease Rates 21.01.010 Lands Available for Leasing All the Airport lands within the limits of the City to which the City holds title may be leased as hereinafter provided. 21.05.020 Qualifications of Applicants or Bidders 1. An applicant or bidder for a lease is qualified if the applicant or bidder: a. Is an individual at least nineteen (10) years of age or over; or b. Is a group, association, or corporation which is authorized to conduct business under the Laws of Alaska; or c. Is acting as an agent for another and has qualified by filing with the City Clerk a proper Power of Attorney or a Letter of Author- ization, creating such agency. The agent sh 1 represent only one principal to the exclusion of himself. •7(Z•••� 21.05.030 Applications 4`0G`""�'• 1. All applications for lease of lands shall be filed with the City Clerk on forms provided by the City available at the City Hall building. Applications shall be dated on receipt and payment of filing fee . After filing, a maximum of thirty (30) days shall be allowed to com- plete the application. Filing fess are not refundable. La L . •� ••• a JIYr�' •- - 21.05.030 Applications (continued) 2. With every application the applicant shall submit a development plan, showing and stating: a. The purpose of the proposed lease; b. The use, value and nature of improvements to be constructed; c. The type of construction; d. The dates construction is estimated to commence and be complel (maximum of two years); and, e. Whether intended use complies with the zoning ordinance and comprehensive plan of the City. Applications shall become a part of the lease. 21.05.040 Rights Prior to Leasing The filing of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for. 21.05.050 Processing Procedure 1. Applications shall be forwarded to the Advisory Planning and Zon- ing Commission upon receipt. The Advisory Planning and Zoning Commission shall normally gonsider applications for MgOAUgnds on a first-come, first -serve basis. Where there is difficulty in ob- taining a perfected application, details as to development plans, et then the Advisory Planning and Zoning Commission may, after due notice to the first applicant, consider a second appliant for the par ticular lease. a 21.05.030 Processing Procedure 2. The City Council shall normally review a lease proposal only after approval of the Advisory Planning and Zoning Commission. However, appeals of Advisory Planning and Zoning Commission disapproval may be made to the City Council. Completed, signed leases must be presented within thirty (30) days after approval by the Advisory Planning and Zoning Comlaission. 3. Conceptual applications relative to unplatted land and/or unre- leased lands will also be considered on a first-come, first -serve basis. On approval of concept by the Advisory Planning and Zon- ing Commission and the City Council, the applicant is assured the right of first refusal of the lease following the determination of a lease rate in accordance with established policy. 1 21.05.080 Service by Realty Firma and Brokers �, u 1. Realtors shall be entitled to a fee o wf such lease . r-7 Said fee shall be limited to ten percent (10%) of the first year's lease rate or five percent (3%) of each year for the first five years at the Broker's option. However, realtors a party to the lease shall not be entitled to a commission., 2. Realtors shall treat any listing as they would any other client in regard to advertising, promotion, etc. S. kgs of putted landaAmilable for lease shall be announced and posted.,Mbli+rly. Such announcements shall include block and lot number, parcel number and any special limitations with re- strictions as may be imposed by the Advisory Planning and Zoning Commission and City Council. Such restrictions or limitations shall be specific and In addition to zoning restrictions. No lease proposed by an eligible realtor shall be denied if it meets such restrictions, applicable lease rates and zoning requirements in effect at time of application. I �I M 0 F_ r` I I I II .i I 1 ,III IIOR RSI IIIR7�INi4�A%1. �_ n�.uaYn�.:.: yL .IL ....1.1 I a. �:-�••—••._ _ � _..__...� 4 21.05.060 Service by Realty Firms and Brokers (continued) 4. Unplatted, released Airport lands and unreleased lands shall not be listed with realtors. However, unless positive action has been taken by the Advisory Planning and Zoning Commis- sion and/or the City Council to set aside a certain tract as not available for lease at that particular time, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described in the preceding ap- plication procedures, relating to unplatted, unreleased lands. Normal fees shall be due to the realtor on consummation of such a loose. 21.05.070 Bidding Procedure As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there to no outstanding applica- tion pending on the lot or lots. As designated, sealed bids shall be received offering a one-time premium in addition to the established lease rate. Highest bid, however, shall be subject to all provisions of review and approval established for all other lease applications. 21.05.080 Principles and Polioy of Lease Rates 1. A fair return to the Airport System is mandated by the terms and conditions of the Quitclaim Deed and appropriate Deeds of Release, granting these lands to the Airport System by the Federal govern- ment. To insure a fair return, all leases for a period in excess of five years shall include a redetermination clause as of the fifth anniversary of each lease, normally set for the 1st of July of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be based on: a. Fair market value of the land, including an appropriate con- sideration of facilities and services available (public water, public sewer, storm sewers, and other public utilities) as determined by a qualified independent appraiser, consider- ing the best use of the specific land. 0 004 T- - _ ­% 21.05.080 Principles and Policy of Lease Rates 1. (continued) b. The actual rate of return determined to be a fair return to the City shall be set annually in May by resolution of the City Council and shall apply to all leases thereafter re- quested. 2. Realizing that investors, developers and other potential lessees i need a reasonable assurance of stability in future lease ratew, the redetermination clause of all future leases stroll include the following language: "At each five-year interval, the fair market value shall be determined by qualified independent apprais- ers. The redetermined lease rate, a Ol ront, under this provision shall be limited to a percent W%,) > o (84rper yw) increase in the prior lease rate, except where there are justifiable increases due to provisions of additional services, such as public water, public sanitary sewer, storm sewers, and major improvements in roads". S. Recognizing that the redetermination procedure provided for above may be in conflict with the mandate of the quitclaim deed and the several deeds of release, the City Council herein ac- knowledges its obligation to provide the Airport Fund with those sums which the above redetermination policy may cause the Air- port Fund to lose. It is the intent of the Council to provide for such possible shortfall by appropriating up to a a%14W of revenue from the assessed value of improvements to Airport lands. 4. The redetermination clause limitation outlined in Section 21.05.080, Item 2, shall not apply to any lease unless at the next preceding -redetermination period the lease rate had actually been redeterm- ined.. T' +- 1 a Chapter 10. Provisions Required To Be Included In All Airport l.gnd leases 21.10.010 Responsibility to Properly Locate on Leased Premises 21.10.020 Lease Utilization - 21.10.030 Adjustment of Rental 21.10.040 Subleasing 21.10.050 Assignments 21.10.060 Modification 21.10.070 Cancellation - Forfeiture 21.10.080 Notice or Demand 21.10.090 Rights of Mortgagee or Lienholder 21.10.100 Entry and Re-entry 21.10.110 Forfeiture of Rental 21.10.120 Written Waiver 21.10.130 Expiration of Lease 21.10.140 Removal or Reversion of Improvements Upon Termination of Lease 21.10.150 Rental of Improvements or Chattels Not Removed 21.10.160 Sanitation J 21.10.170 Building and Zoning Codes 21.10.180 Fire Protection 21.10.190 Inspection 21.10.200 Personal Use of Materials 21.10.210 Restrictions and Reservations 21.10.220 Waste and Injury to Land 21.10.230 Warranty 21.10.240 Approval of Other Authorities 21.10.250 Title Restrictions 21.10.260 Liability Insurance A 21.10.010 Responsibility to Properly Locate on Leased Premises It shall be the responsiblity of the lessee to properly locate himself and his improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned or leased by another, and violation shall constitute a misdemeanor. 21.10.020 Lease Utilization Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease, and in conformity with the ordin- ances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially com- plete the development plan of the land, consistent with the proposed f use and terms of the lease, shall constitute grounds for cancellation. 21.10.030- Adlustment of Rental All leases shall contain the agreement of the lessee to a renegotiation of the annual rental payment every fifth year. 21.10.040 Subleasinf, No lessee may sublease lands or any part thereof leased to him here- under without prior Council approval. Subleases shall be in writing and be subject to the terms and conditions of the original lease. No approval of the City shall be given to the sublease of property until the lessee has substantially complied with the development plan. 21.10.060 Assignments No lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shall be void. 0 i - 21.10.060 Modification No lease may be modified orally or In any manner other than by an agreement in writing, signed by all parties in interest or their successors In interest. Any such modification shall require Council approval. 21.10.070 Cancellation - Forfeiture 1. Leases in good standing may be cancelled In whole or in part at any time upon mutual written agreement by lessee and the City Council. 2. Any lease used for unlawful purpose may be cancelled. 3. If the lessee shall default in the performance or observance of any of the lease terms, covenants or stipulations thereto, or of the regulations now or hereafter in force, and should said default continue for thirty (30) calendar days after service of written notice by the City without remedy by lessee of the con- ditions warranting default, the City shall subject lessee to ap- propriate legal action, including, but not limited to, forfeiture of the lease. No improvements may be removed by lessee or other person during any time the lessee is in default. This pro- vision shall not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfoiture of the lease, Immediately upon the occurrence of a default. 21.10.060 Notice or Demand Any notice or demand, which under the terms of a lease or under any statute, must be given or made by the parties thereto, shall be In writing, and be given or made by registered or certified mail, ad- dressed to the other party at the address of record. However, either party may designate In writing such now or other address to which such notice or demand shall thereafter be so given; made or mailed. A notice given hereunder shall be doomed delivered when deposited in a U.S. general or branch post office, enclosed in a registered or certified mail prepaid wrapper or envelope addressed as herein- above provided. a E 21.10.000 Rights; of Mortgagee or Menholder In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, conditional assignment or collateral asslgr,ment will have the option to acquire the lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. 21.10.100 Entry and Re-entry In the event that the lease should be terminated as hereinbofore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be aband- oned by the lessee during the said term, the lessor or its agents, servants, or representatives may, immediately or any time there- after, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No ro-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 21.10.110 Forfeiture of Rental In the event that the lease should be terminated because of any breach by the lessee, as herein provided, the annual rental pay- ment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said broach. 21.10.120 Written Waiver The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No failure on the part of the lessor to enforce any cov- enant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the I 5 a t 21.10.120 Written Waiver (continued) lessor to enforce the same in the event of any subsequent brea or default. The receipt, by the lessor, or any rent or any oth sum of money after the termination, in any manner. of the tern therein demised, or after the giving by the lessor of any notic thereunder to effect such termination, shall not reinstate, con, tinue, or extend the resultant term therein demised, or dextro or in any manner impair the efficacy of any such notice or tern ation as may have been given thereunder by the lessor to the l prior to the receipt of any such sum of money or other conside unless so agreed to in writing and signed by the lessor. 21.10.130 Expiration of Lease Unless the lease is renewed or sooner terminated as provided the lessee shall peaceably and quietly leave, surrender and yi unto the lessor all of the leased land on or before the last day , term of the lease. 21,10.140 Removal or Reversion of improvements Upon Termination of 1. Improvements owned by a lessee shall within sixty (60) cal days after the termination of the lease be removed by him, 1 ed, such removal will not cause injury or damage to the Ian further provided, that the City Manager may extend the tim+ removing such improvements in cases where hardship is pr The retiring lessee may, with the consent of the official, 8011 his improvements to the succeeding lessee. All periods of time granted to remove improvements are subject to said lessees paying to the City pro -rata lease rentals for said period. 2. If any improvements and/or chattels, having appraised value in excess of $10,000 as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall upon due notice to the lessee be sold at public sale under the direction of the City Manager. The proceeds of the sale shall inure to the lessee preceding if he placed such improvements and/or chattels on the lands after deducting for the City all 4 r] 0 0 21.10.140 Removal or Reversion of improvements upon Termination of Lease 2. (continued) rents due and owing and expenses incurred in making such sale. In case there are no other bidders at any such sale. The City Manager is authorived to bid in the name of the City on such im- provements and/or chattels. The bid money shall be taken from the fund to which said lands belong and the said fund shall re- ceive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. City ;hall acquire all rights, both legal and equitable, that any other pur- chaser would acquire by reason of said purchase. 3. If any improvements and/or chattels, having appraised value of $10,000 or less as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall revert to and absolute title shall vest in the City. 21.10.160 Rental of Improvements or Chattels Not Removed Any improvements and/or chattels belonging to the lessee or placed on the lease during the lessee's tenuro with or without his permis- sion and remaining upon the premises after the termination date of the lease shall entitle the lessor to charge a reasonable rent therefor 21.10.160 Sanitation The lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary con- dition, and every effort shall be made to prevent the pollution of water. 21.10.170 Building and Zoninir Codes Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Fail- ure to do so shall constitute a violation of the lease. I I 0 � --� _--� r �- ---r- - r �-� -� - -�- ice--• • �.r 21.10.180 Fire Protection The lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regu- lations and rules promulgated and enforced by the City for fire pro- tection within the area wherein the leased premises are located. 21.10.180 Inspection The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. 21.10.200 Personal Use of Materials All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 8 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use else- where any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes; provided, how- ever, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 21.10.210 Restrictions and Reservations The lease shall contain such restrictions and reservations as are neces- sary to protect the public interest. 21.10.220 Waste and Iniury to Land If any person shall commit waste or trespass or other injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. 0 21.10.230 Warranty The City does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that It shall be profitable to employ land to said use. 21.10.240 Approval of Other Authorities The issuance by the City of leases does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borugh. State or Federal agencies. i ,• 21.10.250 Title Restrictions All leases or sales or property shall be made subject to restrictions and reservations in the patent, deed or other instrument under which the City holds. E � 21.10.260 Liability Insurance The lessee shall be required to carry public liability insurance in the minimum amounts of $250,000/$500,000/$100000. L' 1 it i' E I S l `I. 4■ L Chapter 15. policy Governing Modifications of Existing Leases 21.15.010 General 21.15.010 Redetermination Clause 21.15.010 General Leases shall only be modified and then only to that extent deemed to be necessary to protect the public's interest. 21.15.020 Redetermination Clause The redetermination clause of existing leases may be adjusted on ap- plication to include the clause of Article I, Section 8-b, provided the minimum insurance coverage clause is also adjusted to reflect that of Article II. Section 26. t Chapter 20. Definitions 21.20.010 "Lease year" defined . 21.20.020 "Fifth year redetermination date" defined 21.20.030 "Realtors fees" defined 21.20.040 "Perfected application" defined 21.20.010 "Lease Year" "Lease year" is July 1 to June 30. The first lease year terminate on June 30, regardless of date of inception of the lease. 21.20.020 "Fifth near redetermination date" T Defined as the fifth anniversary of the 1st of July since inceptior the lease. 21.20.030 "Realtors fees" Realtors fees shall be paid within thirty (30) days of the incepts, of the lease and prior to August 1 for the succeeding years as se ed by the realtor. . 21.20.040 "Perfected application" Defined as a plan/plans or written descriptions, terms and condi- ` , tions which meet all requirements of the zoning and/or special limit- ations and/or conditions properly adopted by the Advisory Planning and Zoning Commission and/or the City Council as to a specific tract. L t 4 a F i E] 7 CITY OF KENAI ORDINANCE NO. 400-78 AN ORDINANCE OF THE COUNCIL OF THE CITYY OF KENAI, ALASKA ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE OF CITY AIRPORT LANDS. WHEREAS, lands granted by quitclaim deed by the Federal government are, by terms of that deed, to be managed or otherwise used solely to support Airport activities; and WHEREAS, clearly established policies are necessary for the effective management of such lands; and WHEREAS, there must be a correlation between the needs and responsibilities relative to the Airport and the needs and responsibilities relative to the City as a whole, and WHEREAS, absolute maximization of return to the Airport may well preclude the proper, effective, economic growth of the City and in turn be self- defeating. and WHEREAS. this ordinance is, therefore, designed to provide a balance, meeting the needs of both the Airport and the City as a whole. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI as follows: Section 1: Ordinance 288-75 is hereby repealed in its entirety and the following chapters to be reenacted into the City -owned Lands title of the Kenai Code. Section 2:Chapter 5, Rules and Regulations Governing the Leasing of City -owned Airport Lands is hereby enacted in its entirety. Section 3: Chapter 10, Provisions Required to be Included in all Airport Land Leases is hereby enacted in its entirety. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 17th day of May, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: May 3, 1978 SECOND READING: May 17, 1978 EFFECTIVE DATE: June 17, 1978 10 6Lr Chapter 5. Rules and Regulations Governing The Leasing of Citv-Owned Airport Lands 21.08.010 Lands Available for Leasing 21.08.020 Qualifications of Applicants or Bidders 21.08.030 Applications 21.05.040 Rights Prior to Leasing 21.05.050 Processing Procedure 21.03.060 Service by Realty Firms and Brokers 21.08.070 Bidding Procedure 21.05.080 Principles and Policy of Lease Rates 21.01.010 Lands Available for Leasinj[ All the Airport lands within the limits of the City to which the City holds title may be leased as hereinafter provided. 21.08.020 Qualifications of Applicants or Bidders I. An applicant or bidder for a lease is qualified if the applicant or bidder: a. Is an individual at least nineteen Q9) years of age or over; or b. Is a group, association, or corporation which is authorized to conduct business under the Laws of Alaska; or o. Is acting as an agent for another and has qualified by filing with the City Clerk a proper Power of Attorney or a Letter of Author- ization, creating such agency. The agent shall represent only one principal to the exclusion of himself. 21.08.030 Applications 1. All applications for lease of lands shall be filed with the City Clerk on forms provided by the City available at the City Hall building. Applications shall be dated on receipt and payment of filing fee. After filing, a maximum of thirty (30) days shall be allowed to com- plete the application. Filing fees are not refundable. M DE I r � 21.05.030 Applications (continued) 2. With every application the applicant shall submit a development plan, showing and stating: a. The purpose of the proposed lease; b. The use, value and nature of improvements to be constructed; t. The type of construction; d. The dates construction is estimated to commence and be completed (maximum of two years); and, e. Whether intended use complies with the zoning ordinance and comprehensive plan of the City. Applications shall become a part of the lease . ' 21.05.040 Mffhts Prior to Leasing, The filing of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for. 21.08.050 Processing Procedure - i . _ 1. Applications shall be forwarded to the Advisory Planning and Zon- ing Commission upon receipt. The Advisory Planning and Zoning i Commission shall normally consider applications for specific lands on a drat -come, first -serve basis. Where there is difficulty in ob- taining a perfected application, details as to development plans, etc., then the Advisory Planning and Zoning Commission may, after due notice to the first applicant, consider a second appliant for the par- titular lease. r l � 1 t. - Z 1 I ; 1 I t 21.05.050 Processing Procedure 2. The City Council shall normally review a lease proposal only after approval of the Advisory Planning and Zoning Commission. However, appeals of Advisory Planning and Zoning Commission disapproval may be made to the City Council. Completed, signed leases must be presented within thirty (30) days after approval by the Advisory Planning and Zoning Commission. 3. Conceptual applications relative to unplatted land and/or unre- leased lands will also be considered on a first-come, first -serve basis. On approval of concept by the Advisory Planning and Zon- ing Commission and the City Council, the applicant is assured the right of first refusal of the lease following the determination of a tease rate in accordance with established policy. 4 21.05.060 Service by Realty Firms and Brokers 1. Realtors shall be entitled to a !ee on consummation of such lease�'' Said fee shall be limited to ten percent (10%) of the first year's lease rate or five percent (5%) of each year for the first five years at the Broker's option. However, realtors a party to the lease shall not be entitled to a commission. 2. Realtors shall treat any listing as they would any other client in regard to advertising, promotion, etc. S. Listings of platted lands available for lease shall be announced and posted publicly. Such announcements shall include block and lot number, parcel number and any special limitations with re - striations as may be imposed by the Advisory Planning and 'Zoning Commission and City Council. Such -restrictions or limitations shall be specific and in addition to zoning restrictions. No lease proposed by an eligible realtor shall be denied if it meets such restrictions, applicable lease rates and zoning requirements in effect at time of application. I -a i M jo ig 21.05.060 Service by Realty Firms and Brokers (continued) 4. Unplatted, released Airport lands and unreleased lands shall not be listed with realtors. However, unless positive action has been taken by the Advisory Planning and Zoning Commis- sion and/or the City Council to set aside a certain tract as not available for lease at that particular time, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described in the preceding ap- plication procedures, relating to Unplatted, unreleased lands. Normal fees shall be due to the realtor on consummation of such s lease. 21.08.070 Bid in Procedure As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there is no outstanding applica- tion pending on the lot or lots. As designated, sealed bids shall be received offering a one-time premium in addition to the established lease rate. Highest bid, howeveir. shall be subject to all provisions of review and approval established for all other lease applications. 21.05.080 Principles and Pollev of Lease Rates 1. A fair return to the Airport System is mandated by the terms and conditions of the Quitclaim Deed and appropriate Deeds of ltelease, granting these lands to the Airport System by the federal govern- ment. To insure a fair return, all leases for a period in excess of five years shall include a redetermination clause as of the fifth....... _ ... . anniversary of each lease, normally set for the ist of July of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be based on: a. Fair market value of the land, including an appropriate con- sideration of facilities and services available (public water, public sewer, storm sewers, and other public utilities) as determined by a qualified independent appraiser, consider- ing the best use of the specific land. I 21.05.080 Principles and Policy of Lease Rates 1. (continued) b. The actual rate of return determined to be a fair return to the City shall be set annually in May by resolution of the City Council and shall apply to all leases thereafter re- quested. 2. Realizing that investors, developers and ether potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the following language: , "At each five-year interval, the fair market value shall be determined by qualified independent apprais- ers. The redetermined lease rate, annual rent, under this provision shall be limited to a thirty percent (30%) (6% per year) increase in the prior lease rate, except where there are justifiable increases due to provisions of additional services. su.:i as public water, public sanitary sewer, storm sewers, and major improvements in roads". S. Recognizing that the redetermination procedure provided for above may be in conflict with the mandate of the quitclaim dead and the several deeds of release. the City Council herein ac- knowledges its obligation to provide the Airport Fund with those sums which the above redetermination policy may cause the Air- port Fund to lose. It is the intent of the Council to provide for such possible shortfall by appropriating up to ono mil of revenue from the assessed value of improvements to Airport lands. 4.' The redetermination clause limitation outlined in Section 21.05.080, Rom 2, shall not apply to any lease unless at the next preceding redetermination period the lease rate had actually been redeterm- ined. I L Cheeter 10. Provisions Required To Re Included In All Airport LAnd Leases 21.10.010 Responsibility to Properly Locate on Leased Premises 21.10.020 Lease Utilization 21.10.030 Adjustment of Rental 21.10.040 Subleasing 21.10.050 Assignments 21.10.060 Modification 21.10.070 Cancellation - Forfeiture 21.10.080 Notice or Demand 21.10.090 Rights of Mortgagee or Lienholder 21.10.100 Entry and Re-entry 21.10.110 Forfeiture of Rental 21.10.120 Written Waiver 21.10.130 Expiration of Lease 21.10.140 Removal or Reversion of Improvements Upon Termination of Lease 21.10.150 Rental of Improvements or Chattels Not Removed 21.10.160 • Sanitation 21.10.170 Building and Zoning Codes 21.10.180 Fire Protection 21.10.190 Inspection 21.10.200 Personal Use of Materials 21.10.210 Restrictions and Reservations 21.10.220 Waste and Injury to Land 21.10.230 Warranty 21.10.240 Approval of Other Authorities 21.10.250 Title Restrictions 21.10.200 Liability Insurance I __W 21.10.010 Responsibility to Properly Locate on Leased Premises It shall be the responsiblity of the lessee to properly locate himself and his improvements on the leased land. It shall be unimvful to encroach on other lands of the City, or on lands owned or leased by another, and violation shall constitute a misdemeanor. 21.10.020 Lease Utilization • Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease, and in conformity with the ordin- ances of the City and Borough, and in substantial conformity with the comprehensive pian. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially com- plete the development plan of the land, consistent with the proposed use and terms of the lease, shall constitute grounds for cancellation. 21.10.030 Adjustment of Rental All leases shall contain the agreement of the lessee to a renegotiation of the annual rental payment every fifth year. 21,10.040 Subleasing No lessee may sublease lands or any part thereof leased to him here- under without prior Council approval. Subleases shall be in writing and be subject to the terms and conditions of the original lease. No approval of the City shall be given to the sublease of property until the lessee has substantially complied with the development plan.. 21.10.050 Assionments No lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shall be void. 1 N N F_ 21.10.060 Modification Na lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 21.10.070 Cancellation - Forfeiture 1. Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by lessee and the City Council. 2. Any lease used for unlawful purpose may be cancelled. 3. If the lessee shall default in the performance or observance of any of the Iease terms, covenants or stipulations thereto, or of the regulations now or hereafter in force, and should said default continue for thirty (30) calendar days after service of written notice by the City without remedy by lessee of the con- ditions warranting default, the City shall subject lessee to ap- propriate legal action, including, but not limited to, forfeiture of the lease. No improvements may be removed by lessee or . other person during any time the lessee is in default. This pro- vision shall not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfeiture of the lease, immediately upon the occurrence of a default. 21.10.080 Notice or Demand Any notice or demand, which under the terms of a lease or under any statute, must be given or made by the parties thereto, shall be in writing, and be given or made by registered or certified mail, ad- dressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given; made or mailed. A notice given hereunder shall be deemed delivered when deposited in a U.S. general or branch post -office, enclosed in a registered or aerMed mail prepaid wrapper or envelope, addressed as herein- above provided. M T yr - � w �•� -� I 1'D I 11 I II 111111 I I . . 21.10.090 Rights of Mortgagee or Lienholder In the event of cancellation or forfeiture of a lease for cause, the holder of a properly recorded mortgage, conditional assignment or collateral assignment will have the option to acquire the lease for the unexpired term thereof, subject to the terms and conditions as in the original lease. • 21.10.100 Entry and Re-entry In the event that the lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be aband- oned by the lessee during the said term, the lessor or its agents, servants, or representatives may, immediately or any time there- after, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 21.10.110 Forfeiture of Rental In the event that the lease should be terminated because of any breach by the lessee, as herein provided, the annual rental pay- ment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach. 21.10.120 Written Waiver The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No failure on the part of the lessor to enforce any cov- enant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or Invalidate such covenants or provisions, or affect the right of the r I t - 21.10.120 Written Waiver (continued) lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, or any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to affect such termination, shall not reinstate, con- tinue, or extend the resultant term therein damised, or destroy. or In any manner Impair the efficacy of any such notice or termin- ation as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. 21.10.130 Expiration of Lease Unless the lease Is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender and yield up unto the lessor all of the leased land on or before the last day of the term of the lease. 21.10.140 Removal or Reversion of Improvements Upon Termination of Lease 1. Improvements owned by a lessee shall within sixty (60) calendar days after the termination of the lease be removed by him; provid- ed, such removal will not cause injury or damage to the lands;, and further provided, that the City Manager may extend the time for removing such improvements in cases where hardship is proven. The retiring lessee may, with the consent of the Official, sell his improvements to the succeeding lessee. All periods of time granted to remove improvements are subject to said lessees paying to the City pro -rata lease rentals for said period. 2. if any improvements and/or chattels, having appraised value in excess of $10,000 as determined by the Assessor, are not removed within the time allowed, such improvements end/or chattels shall upon due notice to the lessee be sold at public sale under the direction of the City Manager. The proceeds of the sale shall inure to the lessee preceding if he placed such Improvements and/or chattels on the lands after deducting for the City all [l! i r i IM in i n 21.10.120 Written Waiver (continued) lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, or any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to affect such termination, shall not reinstate, con- tinue, or extend the resultant term therein damised, or destroy. or In any manner Impair the efficacy of any such notice or termin- ation as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. 21.10.130 Expiration of Lease Unless the lease Is renewed or sooner terminated as provided herein, the lessee shall peaceably and quietly leave, surrender and yield up unto the lessor all of the leased land on or before the last day of the term of the lease. 21.10.140 Removal or Reversion of Improvements Upon Termination of Lease 1. Improvements owned by a lessee shall within sixty (60) calendar days after the termination of the lease be removed by him; provid- ed, such removal will not cause injury or damage to the lands;, and further provided, that the City Manager may extend the time for removing such improvements in cases where hardship is proven. The retiring lessee may, with the consent of the Official, sell his improvements to the succeeding lessee. All periods of time granted to remove improvements are subject to said lessees paying to the City pro -rata lease rentals for said period. 2. if any improvements and/or chattels, having appraised value in excess of $10,000 as determined by the Assessor, are not removed within the time allowed, such improvements end/or chattels shall upon due notice to the lessee be sold at public sale under the direction of the City Manager. The proceeds of the sale shall inure to the lessee preceding if he placed such Improvements and/or chattels on the lands after deducting for the City all [l! i r i IM in 21.10.140 Removal or Reversion of Improvements Upon Termination of Lease 2. (continued) rents due and owing and expenses incurred in making such sale. In. ease there are no other bidders at any such sale, The City Manager is authorized to bid in the name of the City on such im- provements and/or chattels. The bid money shall be taken from the fund to which said lands belong and the said fund shall re- ceive all monies or other value subsequently derived from the sale or leasing of such improvements and/or chattels. City shall acquire all rights, both legal and equitable, that any other pur- chaser would acquire by reason of said purchase. 8. If any improvements and/or chattels, having appraised value of $10,000 or less as determined by the Assessor, are not removed within the time allowed, such improvements and/or chattels shall revert to and absolute title shall vest in the City. 21.10.150 Rental of Improvements or Chattels Not Removed Any improvements and/or chattels belonging to the lessee or placed on the lease during the lessee's tenure with or without his permis- sion and remaining upon the premises after the.termination date of the lease shall entitle the lessor to charge a reasonable rent therefor. 21.10.100 Sanitation The lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary con- dition, and every effort shall be.made to prevent the pollution of water. 21.10.170 Building and zoning Codes Leased lands shall be utilized in, accordance with the building and zoning ordinances and rules and regulations of said authority. Fail- ure to do so shall constitute a violation of the lease. r C F_� 21.10.180 Fire Protection The lessee will take all reasonable precaution to prevent tend take all necessary action to suppress destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws. regu- lotions and rules promulgated and enforced by the City for fire pro- tection within the area wherein the leased premises are located. 21.10.190 Inspection • The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. 21.10.200 Personal Use of Materials All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title Il, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use else- where any timber, stone, gravel, peat moss, topsoil, or any other material valuable for building or commercial purposes; provided, how- ever, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 21.10.210 Restrictions and Reservations The lease shall contain such restrictions and reservations as are neces- sary to protect the public interest. .. 21.10.220 Waste and Iniury to Land If any person shall commit waste or trespass or other injury upon r , City land, the person so offending, in addition to being civilly liable ` F - for any damages caused, shall be deemed guilty of a misdemeanor. 21.10.230 Warrantv The City does not warrant by its classification or leasing of Ian that the land is ideally suited for the use authorized under sak classification or lease, and no guaranty is given or implied tha it shall be profitable to employ land to said use. 21.10.240 Approval of Other Authorities The issuance by the City of leases docs not relieve the grantee lessee of responsibility of obtaining licenses or permits as may required by duly authorized Borugh, State or Federal agencies 21.10.250 Title Restrictions All leases or sales or property shall be made subject to restrie and reservations in the patent, deed or other instrument under the City holds. 21.10.200 Liability Insurance The lessee shall be required to carry public liability insurance the minimum amounts of $250,000/$500,000/$100,000. I A t F f P oil JK f I ' r Chapter 15. Policy Governing Modifications of Existintr Leases 21.15.010 General 21.16.010 Redetermination Clause 21.15.010 General Leases shall only be modified and then only to that extent deemed to be necessary to protect the public's interest. 21.15.020 Redetermination Clause The redetermination clause of existing leases may be adjusted on ap- plication to include the clause of Article 1, Section 8-b, provided the minimum insurance coverage clause is also adjusted to reflect that of Article 11, Section 26. i� ---.qtr-- .�..�.._.- �----...�... i •. -•I III III `."'.-..- - i�r� I IL e M Chapter 20. Definitions 21.20.010 "Lease year" defined 21.20.020 "Fifth year redetermination date" defined 21.20.030 "Realtors fees" defined 21.20.090 "Perfected application" defined 21.20.010 "Lessie year" • "Lease year" is July 1 to June 30. The first lease year terminates on June 30, regardless of dote of inception of the lease. 21.20.020 "Fifth year redetermination date" Defined as the fifth anniversary of the 1st of July since inception of the lease. 21.20.030 "Realtors feos" Realtors fees shall be paid within thirty (30) days of the inception of the lease and prior to August l for the succeeding years as select- ed by the roaltor. - 21.20.040 "Perfected application" Defined as a plan/plans or written descriptions, terms and condi- done which meet all requirements of the zoning and/or special limit- ations and/or conditions properly, adopted by the Advisory Planning and Zoning Commission and/or the City Council as to a specific tract. I IL e M ■ 11 AMENDMENT TO We LEASE OR AIRPORT LANDS OR FACILITIES This AGREEMENT entered into this day of May, 1978. by and between the CITY OF KENAI, hereinafter called "City" and VESTA LEIGH, hereinafter called "Lessee". WHEREAS, Lessee has requested Council consideration to allow operation of a Ford Rent-A-Car agency in its existing facility leased within the Kenai Municipal Airport•Terminal. NOW, THEREFORE, the parties hereto agree that the lease dated July 20, 1977 and recorded at Hook 113, Page 48, Kenai Recording District between City and Lessee, is hereby amended to read as follows: (1) Page Two of Lease - "The purpose for which this lease -is issued" shall include the following: ". . . .and operation of a Ford Rent-A-Car agency according to the conditions of the agreement between the Lessee and Ford Rent A -Car dated 1978, and the agreement between the City and Ford Rent-A-Car, copies of which are attached hereto and demarcated Schedule Co.'. (,2) Page One of Lease, Paragraph (c)., shall be amended by changing the last sentence to read as follows: "Such total shall be exclusive of sales tax and the percentage of receipts obtained by the Lessee from its operation of the Ford Rent-A-Car agency. IN WITNESS WHEREOF, the parties have executed this Amendment. LESSEE I STATE OF ALASKA VESTA LEIGH ) )ss. q j AMENDAIENT TO LEASE OF AIRPORT LANDS OR FACILITIES 6 This AOREESMENT entered into this day of May. 1970 by and between the CITY OF KP%IAI, hereinafter called "City" and VESTA LEIGH. hereinafter called "Laesee". WHEREAS. Lessee has requested council consideration to allow operation of a Ford Rent-A-Car agency in existing facility leased within the Kenai Municipal Airport Terminal. NOW. THEREFORE, the parties hereto agree that the i` is lease dated July 20, 1977 and recorded at Rook 03, Page 48, KenaReCording District between City and Leasee. is hereby amended to read as follows: i (1) Page Two of Lease - "The purpose for which this lease to issued shaU include the following: ...-.and operation of a Ford Rent-A-Car agency. IN WITNESS WHEREOF, the parties have executed this Amendment. LF.SSF.E 114AX. :4 Weis LP STATE OF ALASKA ) ) Be. THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared Vesta Leigh, known to me to be the person whose name is subscribed r to in the above Amendment. and acknowledged to me that she executed the same as her free and voluntary act and doed n and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AVn SP41 OF nFFICF. this p7f?A day of ��f .1978 a WA C 2..s; PURI.[(' FhTt ALASVA qty Commislsion R.Kpires: AW. /1-741"' CITY OF KENAI John H. Wise. City ?tanager STATE OF ALASKA ) ) es. - THIRD JUDICIAL. DISTRICT ) On this day of . 1978, before me personally appeared John E. Wise, City Manager, known to me to be the person who executed the above Amendment and acknowledged that he had the authority to sign the same. for the purpose stated therein. 1� 's • n t y i - I, ,w NOTARY PUBLIC FOR ALASKA My Commission Expires: IL a --' i HE L 1-1111 L..---- - -- AGItL•:I;IALENT This Agremient, made and entered into as of the day of , 1978, by and between VESA L;M, of the LAIR, hereinafter sometimes called "Operator", anu PLJ1,;SOLA roR;;, INC., an Alaska Corporation, qualified to do business in tite State of Alaska with an office at Soldotna, Alaska hereinafter so:astiwes called "Ford Rent-A-Car". WITiJESSETH : WiISHEAS, Ford Rent-A-Car is engaged in the business of renting automobiles without drivers and desires to r<<ake its services available to the public in the community in which Operator's place j of business is located= and SGMREAS, Operator owns and/or controls and manages art establisluuent at its address set forth above, and desires to operate a Ford Rent-A-Car agency at said locations Mlf, THEREFORE, in consideration of the foregoing and of the mutual prorsises herein contained, Peninsula cord, Inc. hereby appoints Vesta Leigh its agent for We sole purpose of operating a Ford Rent-A-Car agency at the aforesaid location in accordance with this AGREDIENT, and Operator hereby accepts said appointment', subject to.the following terms and conditions: 1. FORD RENT -A -CAR COVENANTS AND AGREES s A. To supply Operator from time to time with such automobiles for uce pursuant to the Agreement as Ford Rent-A-Car shall deem necessary: title to said automobiles, however, to be and remain in Ford Rent-A-Car at all times. B. To bear the expense of all gasoline, oil, grease and repair parts necessary in the operation of said automobiles, and to furnish all labor involved in making necessary major repairs to said automobiles. Co To furnish and maintain, in accordance with the terms, conditions, limitations and restrictions set forth or referred to in the automobile rental agreement from time to time.prescribed by Ford Rent-A-Car for Operator's use, automobile liability insurance (or a bond, self-insurance or other arrangement affording similar protection) providing primary coverage with liability limits of $100,000/4300,000/ 025,000, and benefits with respect to collision and comprehensive physical damage to the rented autonoL•ile (including fire and theft), said coverage and benefits to extend to operator and to the customer and others. -CONTINUED- - C. To rent said automobiles only on and in accordance witil tiis provisions of the rental agreement from time to time r--. prescribed by Fora Rent-A-Car for use by Operator, and at the rates and with the deposits required by Ford Rent-A-Car. Operator shall not extend credit to any renter except on and in accordance with specific auti►ority and instructions from Ford Rent-A-Car. j D. To rent said automobiles only to qualified, licensed drivers. within the limits of the aforegoing, Operator shall rent automobiles only to careful and proper operators in strict accordance with such reasonable instructions, rules and regulations as may'from time to tima be r prescribed by Ford Rent -A -Car, -and, without litaitation by reason of specification, shall not rent automobiles to minors. E. To promptly and fully report all accidents connected wits or involving in any way said autorwbiles in accordance with such instructions, and on such forms, as may be supplied from time to t Ina to Operator by Ford stent -A -Car. F. wot to use said automobiles or permit or suffer the use thereof•by Operator's employees, agents, servants, or otner persons except for rentals, on a rent -a -car basis, in accordance with the Agreement and the Forel Rent-A-Car rental agreement, and at regular Ford Rent-A-Car rates. Operator snail not under any cirewastances or at anytime, furnish drivers for said autot�ouiles. -CONTINMD- -a AGR.;,L.ij:AT Page 2 0. To furnish to Operator at Ford tent -A -Car's rental agrr:v%nnt "orias, accident report fori..s, advertiwia7 materials ans such oti►er forias anu materials as Fora Rent -.l -Car small from time to tine daer.t Necessary. 11. OPL.%VA!OR COVL.IPUT5 AND ."XM,.s : A. At operator's exFense to keep autoi,o%ilex aum lied i~1 Ford i;cnt-A-Car uereunder neat anu presentaLle for use: Ly customers, and to keep the sane proporly stores, or garaged when not in use. �. :o keep said autonwbiles supplied with gasoline and oil and to lubricate the sane and wake all minor repairs thersto, provided, that Ford Fent-A-Gar shall reimLurse Operator for all gasoline, oil, grease and relAir parts so use3, as per the rates sat fortsi in tue attaciiet; Schedule, Operator shall use only the grace of gasolit,e, oil and grease specified by Forel Rent-A-Car and sslall rams no repairs to said automobiles Cie cost of which shall exceed Twenty -Five Dollars (425.00), without the prior written approval of Forel Rent-A-Car., C. To rent said automobiles only on and in accordance witil tiis provisions of the rental agreement from time to time r--. prescribed by Fora Rent-A-Car for use by Operator, and at the rates and with the deposits required by Ford Rent-A-Car. Operator shall not extend credit to any renter except on and in accordance with specific auti►ority and instructions from Ford Rent-A-Car. j D. To rent said automobiles only to qualified, licensed drivers. within the limits of the aforegoing, Operator shall rent automobiles only to careful and proper operators in strict accordance with such reasonable instructions, rules and regulations as may'from time to tima be r prescribed by Ford Rent -A -Car, -and, without litaitation by reason of specification, shall not rent automobiles to minors. E. To promptly and fully report all accidents connected wits or involving in any way said autorwbiles in accordance with such instructions, and on such forms, as may be supplied from time to t Ina to Operator by Ford stent -A -Car. F. wot to use said automobiles or permit or suffer the use thereof•by Operator's employees, agents, servants, or otner persons except for rentals, on a rent -a -car basis, in accordance with the Agreement and the Forel Rent-A-Car rental agreement, and at regular Ford Rent-A-Car rates. Operator snail not under any cirewastances or at anytime, furnish drivers for said autot�ouiles. -CONTINMD- -a r� AGULL,11;NT - Page 3 G. To per,nit Furst .tent -A -Car to install telepituisub aa..: nuc., signs and a:evertisiaq materials as Furl .e:ut-A-Gar , ial re3asonaLly desire in ana upon t.4a -pre..-i"3 usa.: NI opt.XaLur in connection with this Agreewent. TelenAones anti si jr.3 placed in or upon said premises shall be.: and remain the property of Ford Rent-A-Car and ,day be removed by Fora Rent-A-Car at any time prior to or witnia a reasonacic time after termination of this ;%greement. ii. :dot to sell, riortgago, pledge or otherwise enc;nu:,e;Sr any automobile supplied Operator by Fors:: ent-A-Car luere:unu.:r, and to return any such automobile to roru Hunt -A -Car promptly upon request. I. To defend and indemnify Peninsula Fors;, Iuc., an Alaska Corporation, against, and to hold the same forever harmless froid any and all claims, demands, suits, puaa.ltills, fines, judgements, costs and expense a, includiuy reasoaawle attorney's fees, caused by or arising out of any condition of the premises used by Operator hereunder, or an account of loss of or damage to property or bodily injury to or death of any person or persons, including but not lir.,itet; to agents and employees of Operator and invitees of Operator or Ford Rent-A-Car as a result of anything claimed to Le done or omitted by operator, its agents, employees or contractors, in and about the aforesaid premises. J. !lot to use or display the name "Ford Rent-A-Car", or any signs, symbols, marks or slogans associated with the uaae: "Ford Rent-A-Car", except in the manner and to the extent specifically authorized by Ford Rent-A-Car for purpose of this Agreement, and to cease all use or display of the same forthwith, upon any termination of this Agreement. III. THE PARTIES MUTUALLY COVENANT AND AGREE AS FOLLOWS: A. For each rental made by Operator pursuant to this Agreement, Operator shall complete a rental agreement on the form supplied by Ford Rent-A-Car and shall enter all information called for therein. At regular intervals Operator shall deliver to Ford Rent-A-Car all completed rental agreements and all cash receipts in connection therewith, in accordance with detailed instructions from time to time give by Ford Rent-A-Car to Operator, and Operator shall promptly be compensated for the services rendered by Operator under this Agreement at the rate of ten percent (10%) of time and mileage charges on said rental agreements. No percentage shall be due or payable to Operator on delivery charges or other service charges or on the amount of any federal, state or municipal sales or other taxes separately stated and collected from customers, nor on sums received as insurance or otherwise for damage to automobiles or other property of Ford Rent-A-Car, or for loss, conversion, or abandonment of such automobiles, nor on amounts separately billed to customers as additional charges for waiver.by Ford Rent-A-Car -CONTINUED- w 'i V AGRLEIIENT - Page 4 of its right to recover fror.t custouteru for damaye, to the vehicle rentea. In computing tine char--ses on said rur.tals, credit stall Le given tac custoc:,sar for gasoline an" oil purcAased on tare road, provide" a receipt or oti:er of encu such purchase is attached to tare completa" rer.::ai .r agreei.ieut. 4 In tae even an automoLile supplies: to uperator liereusu:er sustains damage, or is not roturneil by t::e customer ii; accordance with the rental agreenent anu t,ie rules froi,i time to time prescribed by Ford :tent -A -Car, Operator siiall - promptly notify Ford Rent-A-Car, and scall use best efforts to collect the amount of the daxsage from the person or persons responsible therefore, or the effect recovery of the automobile, as the case may be, provided that all axtense incident to suer collection or recovery shall be Lorne. .,1 Ford Rent-A-Car. C. The parties recognize and agree that except in the performance of the snecific duties required to be performed Ly O,,�erator pursuant to this Agrecuent, Operator is not tae agent of Ford Rent-A-Car for any purpose whatsoever, and that under no circumstances, either in the perforwance of tais Ac;reenicnt or otherwise, shall Operator or Operator's servants, enplolees or other persons performing work for Operator, be or be deemed the servants or employees of Ford Rent-A-Car. U. wring the period this Agreement remains in effect, operator shall not grant any right, privilege or permit, or assist any person, partnership, firm or corporation, other tlian Ford Rent-A-Car, to solicit, advertise, promote or transact -an automobile rental business at or from the same premises. i B. mhis Agreement shall be effective ij=odiately upon execution and shall continue in effect thereafter until cancelled by either party by written notice delivered to the other part r not less than thirty (30) days prior to the termination date therein stated. In the event of any breach or default by Operator which Ford Rent-A-Car in its sole discretion shall deem material, Ford Rent-A-Car shall have the right to -`- terminate this Agreement on not less than twenty-four (24) - hours' notice to Operator specifying the cause of such termination. F. Any notice or communication from either party to the other —_- pursuant to this Agreement shall be deemed effectively delivered upon'deposit in the United States mail, registered, with proper postage and registration fee prepaid, dirueted to the party for whom intended at the address first mentioned for such party or to such other address as said party shall ' from time to time designate by notice given in accordance herewith. -Co aTINUEn- J I I 3 T " T I i I I } a r. i AGREEMENT - Page 5 k Peninsula Ford, Inc./Ford :tont-A-Car and Vesta Leigas/.scar's Lair, mutually agree to delete and void items A and J of Section II of this Agreement. IN WITALSS thiCREOF, the parties hereto :lave signed ana awaled this Agreement or have caused the same to be duly executed by t,seir respective officers thereunto duly authorized, tha day and year firat above written. OPERATOR s VS3STA LLIG.i/i3LARIS LAIR DATE: UYs Signed - Vesta reign DATE s y �� ' �% BY: �C�,y �C J i . /, !4 c ✓! ' �' ,Beater S. Anderson, Vice -Press ent PENINSULA POW, IJC. i AGRLL;1•:4r1T FOR OPEP.ATIVA or P.i NT -A -CAR BCSI.4=5 Tt1IS ;%GR1;Li4..1T nadir: and, entered, into taiss aay of , 1973, icy and, 1)etween PE.11.i1UUW% roro, Ik., an blas}:a Cor;�or:.tio:., hereinafter called "Ford Rent-A-Car" and the CITY JF ::c.:isI, a howc-rule municipal corporation of tiro: State of Alars}:a, heruinafter cFA11G.i '-City". tJsWCUS, by Agreement diate:l , Fora nas contracted, with Vesta Leigh of dEar s a�.r to have der operate Pure: Rent -A -Car's rental car business in Kenai, and, tbiEitUAS, Vesta Leigh leases space in the ::d;nai tiunicipal r.irport froid the City to operate a gift snop, and 1711ERHAS, additional space is not needled by Vesta Leigh to operate the car rental business, JOW THEREFORE, in consideration of the foregoing and of the .autual promises herein contained, the parties hereto agree as follows: 1. City hereby authorizes Ford ,tent -A -Car to conduct a routal car business in the Aenai Municipal Airport throug,r Fords Resrt-l:-Car's agent Vesta Leigh of :tear's Lair. Such business shall be corsducted in the terminal space now occupied Ly aear's Lair Ly lease bated , and recorded at Look , Page , i:enai Recording District, and upon the parking lot space autnorized Merein. 3. Ford ,tent -A -Car's rental car business shall be conducted in accordance with the Agreement and with the Agreement between Ford Rent-A-Car and Vesta feign aatedl , a copy of wnicit has been furnished to the City. ` 3. Ford Rent-A-Car small pay to the City 10t of its gross ,...: 1 receipts on rental transactions for the privilege of conducting the business authorized i►erein and Lay 13% of gross receipts from the sale of personal accident insurance. Payments shall Le zaado i+y t..e 15th of each month for the month preceding and shall Le aacomplished ►.-_. by a separate certified statement showing gross receipts from the business herein authorized for the month for which payee its are madle. if any such certified statements are found to be incorrect statements of gross receipts for the month involved, any additional amount determined to be due the City shall be iridaediately.paid to the City by Ford Rent-A-Car and any amount of overpayment by Ford Rent-A-Car shall be credited against the next monthly payment clue the City under "-- this agreement. ----•� 4. Ford Rent-A-Car shall furnish to the Airport Uauagar, for auditing purposes; the block of contract numbers that will be used for car rental agreements covering business originating at the renai Municipal Airport, and shall further advise the Airport Manager when additional contract numbers are assigned for the Airport operations. CONTI.tULD- FI A6Ri:ir HENT FOR OPLRATION OF t RLUT-A-CAA HUSILIZSS - Wage 3 i CITY of, JX.iA3. b CZ'1'Y i1f!:4�11wc2 STAWL OF ALA6XA } THZRa JUDICIAL DISTRUS, } On this /J/ day of jgdnJ , 1970, before >tv personally appaarect , known to Le tise person who executed the awve Agrees�s$nt, and the acY.nowledgeiz ft he (she) had the authority to sign, for tao purposa stated theraiii. U ARY PUAIC ron AWASsJ► Hy Commission Upiros s a w w April 28, 1>78 Ernie Behlereth City Attorney City of Kenai, Alaska Subjects Proposed Lease of Lot 5, Block 2 Bidalgo Subdivision i Dear Mr. Schlereth i Due to the obvious difficulties involved in concluding a lease that will i satisfy the City code, municipal requirements concerning connection to existing severe, and still be equitible to both parties involved; we herewith request a transfer of our lease application from Tne suoject lot to the adjacent lot easterly ( lot 4, Block 2, Fidelgo Commercial Center). Please consider this letter a request to resubmit our lease application to the Planning Commission, We feel that this action will simplify the presently encountered difficul-ties as itemized belows 1. The proposed lot to presently beyond the mandatory 200 foot �. sewer hookup requirement. 2. The lotto suitable for satisfying Borough and State requirements concerning on-site water supply and waste disposal. 3, At such time as water and sewer lines are extended to the property, the code is quite specific as to methods of loving costa, 4, The present major construction item is access. We propose having established a finished grade of Fidelgo Avenuo, and constructing a half -street section from the present existing improved road on Malgo Ave. to the proposed lot, suitable for access to that lot. As I am sure you are aware, we must conclude this item as expeditiously -as possible or forego any construction this season. 3 Very truly yours, i ip ri, jyX son • rat eas M j f a , i r a 'Jy The following items are over $500.00 which need Council approval or ratification 5-3.78 VENDOR Ab101INT DESCRIPTION PROJECT/DEPT. A/C CHARGE AMOUNT P.O. FOR APPROVAL servieemaster $08.00 Janitorial Serv. Ljbrary Repair 4 Maint. 300.00 11446 Police Professional Serv. 208.00 11740 Timothy Wisniewski 1,538.30 Janitorial Sorv. Airport Term. Professional Serv. 1,538.30 12322 April 1978 Kenai Utility Serv. 1,263.S3 April Gas Bill Non-Uepartmontal Public Utilities S2.60 Libra " �'43.30 Police " " 104.85 Fire " " 208.13 PW Shop " " 259.31 Water G Sewer " " 368.10 Airport Terminal " " 270.S4 -. Glacier St. Tele. 1,562.35 March Phone Chg. Non -Departmental Comaunieations 1,iS4.63 City Attorney " S3.25 City Manager " 28.64 -f Finance " 35.31 Dept. of Revenue " 23.21 Library 28.64 Council on Aging " 8S.40 Police " 84.30 Fire " 33.40 PW Admin. " 11.80 Bldg. Inspector " $.70 PW Sho " Treatment Plant " 8.40 : Cummins, N.N. Alaska 1,066.50 6 injectors, PW Shop Repair 4 Maint. Sup. 792.44 12351 1 starter 274.06 12114 Yukon Office Supply! 577.60 Office supplies Cost Rack,ir City Attorney Finance Office Supplies .7$ 11827 Small tools 4 Minor 19.12 12001 ' Library Equip. Machinery 4 37.20 12001 Communications Equip. 18.04 11916 Police 27.25 12160 PN Admin. 17.66 12030 Airport "min. 95.62 12034 Legal Anti -Ross. 18.47 12043 29.7S 12043 6.60 12058 54.14 11$92 39.00 11739 ! 220.00 12111 r F r 1 _ l I � J i • a i l l I. l fi J.. .!_ 1 Baker b Taylor Co. 881.31 18.'4 666.00 I 'Nest Publishing Co. 825.00 Kenai Electric 566.97 FOR RATIFICATION National Bank of Alaska 17,272.00 t Dept. of Revenue 3,6S9.00 Ak. Mun. Employee Fed. 6,319.00 Credit Union National Bank of Ak. 150,000.00 National Bank of Ak. 250,000.00 Federal w/h General Fund April 1978 State Withholding General Fund April 1978 Credit Union w/h General Fund April 1978 Repo 111883 (6.1254) Central Treasury Repo 0011914 (6.54) Central Treasury r Books Library -Anti -Res. Hooks 11.54 12181 863.87 12181 I S.90 12181 Magnetic Cards Legal -Anti -!fess. Rental 591.00 11884 Rental on now mag E Office Supplies 75.00 12343 card 5. 30 volume sot of Legal Miscellaneous 825.00 12199 Alaska Reporter Flugs,motor,fuses, Pki Shop Repair 6 Maint. Sup. 6.65 12300 fuse links,ballast Fire Small tools 6 Minor 29.91 12233 1S electrical fitting Water 6 Sewer Equip. 396.31 12393 for all lift stations Airport Admin. 14.64 12356 light bulbs 66.92 12315 Federal w/h General Fund April 1978 State Withholding General Fund April 1978 Credit Union w/h General Fund April 1978 Repo 111883 (6.1254) Central Treasury Repo 0011914 (6.54) Central Treasury S2.S4 12296 Federal w/h 17,272.00 State w/h 3,659.00 Credit union 6,319.00 b Yield Investment 306.25 Investment $41.67 M i1 I i I. E � a 5. S2.S4 12296 Federal w/h 17,272.00 State w/h 3,659.00 Credit union 6,319.00 b Yield Investment 306.25 Investment $41.67 M F— k Ll■ .i C CITY OF KENAI ORDINANCE NO. 402-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $5,000 FROM WATER AND SEWER REVENUE FUND, RESERVE FOR FUTURE PLANT EXPANSION FOR ENGINEERING SER- VICES, RELATING TO INTERIM IMPROVEMENTS TO THE SEWER TREATMENT PLANT FACILITY. WHEREAS, the U. S. Environmental Protection Agency has directed the City of Kenai to take steps toward improving its Waste Water Treatment Facility, and WHEREAS, Ordinances No. 378-77 and 381-77 appropriated $10,000 for the engineering required to make certain modifications to the City's existing Sewer Treatment Facility, and WHEREAS, an additional ;5,000 will be required to prepare a bid pro- posal for these modifications, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, that $5,000 be appropriated for engineering services relating to interim Improvements to the Sewer Treatment Plant and that Water and Sewer Special Revenue Fund, reserve for future plant expansion, be charged. -3411r IlI.ILIill lip 11 ♦I 11. IIIA �• ��.I -.. I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1978. VINCENT O'REILLY, MAYOR ATTESTS Sue C. Peter, City Clerk FIRST READING: May 3, 1978 SECOND READING: May 17, 1978 EFFECTIVE DATE: June 17, 1978 Approved by Finance Director: IL r. / 'W CITY OF KENAI ORDINANCE NO. 403-78 ! AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING ARTICLE 1, PLANNING COMMISSION, AND RF•F.NACTING AND RENOIBERING IN ITS ENTIRETY CHAPTER 5, ADVISORY PLANNING AND ZONING COMMISSION, TITLE XIV OF THE CODE OF THE CITY OF KENAI, ALASKA. WHEREAS, it has been determined that the duties and powers of the Kenai Advisory Planning a Zoning Commission shall be up -dated and revised: and WHEREAS, the present Code of the City of Kenai is in the process of being recodifieds and WHEREAS, such language contained in the Code pertinent to the Kenai Advisory Planning a Zoning Commission shall hereby be amended. • 07 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that Article I, Planning Commission be hereby repealed and further that Chapter 5, Advisory Planning and Zoning Commission, Title XIV of the Code of the City of Kenai. Alaska, be hereby reenacted and renumbered as attached hereto and incorporated herein by reference. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1978. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR FIRST READING: May 3, 1978 SECOND READING: May 17, 1978 EFFECTIVE DATE: June 17, L970 Chapter 5_ Advlsory Planning & Zoning Commission 14.05.010 Creation, Members, Chairman, Ex -Officio Members 14.05.020 Duties and Powers, Plans, Recommendations, and Regulations 14.05.030 Terms and Appointments to Vacancies of Commission Members 14.05.040 Qualifications of Commission Members 14.05.050 Proceedings of Commission, Rules, Open Meetings, Record, FIR 14.05.060 Fees 14.05.010 Creation, Members, Chairman, Ex -Officio Members There is hereby created a Kenai Advisory Planning and Zoning f mission, which shall consist of seven members who shall be nom by the Mayor and confirmed by the City Council. A chairman an vice-chairman of the Commission shall be selected annually and be elected from and by the appointive members. The Mayor and one Council member elected by the Council as ex -officio member the Commission and, as consultants, may attend all meetings, bt shall have no vote. 14.05.020 Duties and Powers, Plans, Recommendations, and Reeulations The Commission shall be required to to do the following: 1. Develop, adopt, alter or revise, subject to approval by the C Council, a master plan for the physical development of the Ci Such master plan with accompanying maps, plats, charts, de criptive and explanatory matter, shall show the Commission': recommendations for the development of the City territory ani may include, among other things: a. Development of the type, location and sequence of all pub Improvements. b. The relocation, removal, extension or change of use of ea Ing or future public ways, grounds, spaces, buildings, properties, and utilities. .0 T- --_- •..�.. _, _ _ .-..-_ -111 11 NEI lLf�iy.� 14.05.020 Duties and Powers, Plana, Recommendations. and Regulations 1. (continued) a. The general extent and location of rehabilitation areas. When a master plan for the City has been approved by the Council, amendments, revisions and extensions thereof may be adopted by the Council after consideration and re- port by the Commission. All amendments, revisions or extensions shall correspond to major geographical divi- sions of the City or to functional divisions of the subject matter of the plan. When such master plan has been ap- proved by the City Council, no amendments, revisions or extensions thereto shall be approved, except upon the af- firmative vote of four members of the City Council. 2. Act as an advisory board for the Kenai Peninsula Borough Planning Commission on all planning and zoning matters relat- ive to the City of Kenai as provided for by the Kenai Peninsula Borough Code of ordinances. S. Perform such duties and exercise such powers as may be dele- gated to the Commission by the Kenai Peninsula Borough Code of Ordinances. 4. Make and adopt plans for the clearance and rebuilding of slum districts and blighted areas within the City. 5. Submit annually to the Mayor, not less than ninety days prior to ` the beginning of the budget year, a list of recommended capital improvements which in the opinion of the Commission are neves- - eery or desirable to be constructed during the forthcoming three-year period. Such list shall be arranged in order of prefer - once, with recommendations as to which projects shell be con- i strutted in which year. 6. Promote public interest in and understanding of the master ` - plan and of planning, zoning and slum clearance. 7. Make and develop plans for the replanning, improving and redevelopment of any area or district within the City which may be destroyed in whole or part or damaged by fire, earthquake, or other disaster. 8. Make or cause to be made surveys, maps and plans relating to the location and design of any public building, dock, beach, ski ground, statue, memorial, park, parkway, boulevard, street or alley, or playground. a I 14.05.020 Duties and Powers. Plans, Recommendations, and Regulations (cont'd) 9. Make investigations regarding any matter related to City plan- ning. 10. Make and prepare reports, prints, plats and plans for approval by the City Council. 11. Require other City departments to make available to the Commis- sion all information pertinent to City planning. 12. Act as the agency of City government to cooperate with Federal and State agencies authorized under Alaska Statutes, Sections 18.55.480 to 18.55.960 (Slum Clearance and Redevelopment Act), and future amendments. 14.05.030 Terms and Appointments to Vacancies of Commission Members 1. The term of each appointed member of the Commission shall be three years. The terms shall be staggered so that three mem- bers shall be appointed every third year and two members shall be appointed in each of the other years of every such three- year period. 2. Terms shall commence on January lot of each year. Vacancies shall be filled by appointment by the Mayor and confirmation of the City Council as set out in the Charter of the City of Kenai. 14.05.040 Qualifications of Commission Members No person may serve on the Commission for the City of Kenai other than those presently serving on the Commission who are not prop- erty owners (meaning real property owners), have resided in the corporate limits of the City of Kenai for two (2) full consecutive years prior to their appointment, and if any member so appointed shall miss three (3) consecutive unexcused regular meetings of the Commission or shall move his residence from the corporate lim- its of the City of Kenai, then such members shall cease and said appointment shall be null and void. L f 1 t 14.05.050 Proceedings of Commission, Rules. Open Meetings, Record. Filin$ i ` The Commission shall establish rules of procedure, provided there shall be a regularly monthly meeting of the Commission, which shall J be open to the public. Permanent records or minutes shall be kept of the Commission's proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding - shall immediately be filed in the office of the City Clerk, and shall be a public record open to inspection by any person. 14.05.060 Fees In order to defray the expenses connected with the consideration of applications for variances and conditional use permits. the per- son presenting the application shall pay to the City Clerk a fee in the amount of $100. Whether an application is granted or denied by E the Commission, the petitioner or applicant shall not be entitled to 1 the return of the fee paid. ! T� I I 3 J :9 � f r, r E' t c I i 3 - T_ - _— __% CITY OF KENAI ORDINANCE NO. 404-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $4,430 FOR f TITLE it, ANTI -RECESSION REVENUE SHARING FUNDS WHEREAS, Resolution 76-68 authorized the City Manager to execute the Statement of Assurances required to obtain this funding, and WHEREAS, Federal requirements mandate that these funds be spent within six months of receipt, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. i NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska j that the 1977-78 General Fund Budget and the Anti -Recession Special Revenue Fund be amended to reflect the following increases in estimated revenues and appropriations: General Fund Estimated Revenues: Transfer from Anti -Recessionary Special Revenue Fund $4,430 Appropriations: ' Communications - Office Supplies 880 Police Department - Small Toole a Minor Equipment 300 Police Department - Miscellaneous 625 Library - Office Supplies 1,125 Library - Books a Other Library Materials 11500 ' 8vgo1al Revenue Fund Estimated Revenues: Public Works Employment Act of 1976 4,430 Title ii, Anti -Recession Revenue Sharing ` Appropriation: .. _. Transfer to General Fund 4,430 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1978. ATTEST: Sue C. Peter, City Clerk Approved by Finance Director: VINCENT O'REILLY, MAYOR FIRST READING: May 3, 1976 SECOND READING: May 17, 1978 EFFECTIVE DATE: June 17, 1978 CITY OF KENAI RESOLUTION !ATO. 78-73 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF - THAT THE FOLLOWING TRANSFER OF MONIES BE MAI 1977-78 GENERAL FUND BUDGET. FROM: Police - Operating Supplies TO: Police - Machinery 9 Equipment The purpose of this resolution is to provide partial fu replacement of a portable radio that was stolen. PASSED BY THE COUNCIL OF THE CITY OF KENAI, A 3rd day of May, 1978. is - ATTEST: Sue C. Peter, City Clerk AM t; Approved by Finance Director: } j . i I I J. VINCENT O'REILLY, MAYOR � l v s CITY OF KENAI RESOLUTION !ATO. 78-73 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF - THAT THE FOLLOWING TRANSFER OF MONIES BE MAI 1977-78 GENERAL FUND BUDGET. FROM: Police - Operating Supplies TO: Police - Machinery 9 Equipment The purpose of this resolution is to provide partial fu replacement of a portable radio that was stolen. PASSED BY THE COUNCIL OF THE CITY OF KENAI, A 3rd day of May, 1978. is - ATTEST: Sue C. Peter, City Clerk AM t; Approved by Finance Director: } j . i I I J. VINCENT O'REILLY, MAYOR W CITY OF KENAI RESOLUTION NO, 78-74 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM: Legal - Transportation ($200) TO: Legal - Office Supplies $200 The purpose of this resolution is to provide partial funding for the depleted office supply fund. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 3rd day of May, 1978. i VINCENT O'REILLY, MAYOR ATTEST: ' — Sue C. Peter, City Clerk 1 ?; ` q1 Approved by Finance Directori r• n y y I a� t f i F I r i 11 11 1 II 1 111111II Y I 1111 1 l 1 !1 E I #} INTRODUCED BY COUNCILMAN DAN WHELAN 1 ! t ! CITY OF KENAI RESOLUTION NO. 78-75 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A DEADLINE FOR THE SUBMISSION TO THE COUNCIL AT REGULAR COUNCIL MEETINGS OF MATERIALS TO BE CONSIDERED AT THE MEETING. WHEREAS, the Council at its regular meetings is often presented with additions to the agenda and informational material supporting items on the agenda (including reports, correspondence and departmental reports) that are in addition to and have not been included in the agenda packet that is customarily delivered to the Council members on the Friday before each regular meeting, and WHEREAS, such a practice places a burden upon the Council in having to consider such materials at the time of the meeting when they cannot be properly read and considered, and WHEREAS, such a practice prevents the Council from giving such additional material the attention it deserves and thereby diminishes the quality of legislative action. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that: 1. No additions to the agenda or other additional materials will be presented to the Council at its regular meetings which have not been included in the agenda packet, which is normally delivered to the Council on the Friday preceding the Council meeting, unless the Council determines at the meeting by unanimous vote that the additional material to be presented is of such an emergency nature as to require its consideration. 2. Excevtion: The above provision does not apply to the addition of material entitled "Bills to be Paid, Bills to be Ratified". PASSED by the Council of the City of Kenai, Alaska, this 3rd day of May, 1978. VINUbXT U'REI'LLY, MAYOR ATTEST: 40 Sue C. rater, Gity taerx- 0 Lo n e I. III A 11 1 f ` ( CITY OF KENAI 1 RESOLUTION NO. 78-76 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE CAPITAL PROJECT FUND ENTITLED "FIRE RESERVOIR PROJECT #07-51-20074" AS ESTABLISHED BY ORDINANCE NO. 360-77. FROM: Fire Reservoir Project #07-51-20074 Contingency TO: ($2,500) Fire Reservoir Project #07-81-20074 Construction $2,500 The purpose of this resolution is to transfer funds within the Kenai Fire Reservoir Project to allow for relocation of an FAA power cable as provided by Change Order #1 to the Rockford Corporation contract. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of May, 1978. VINCENT O'REILLY, MAYOR ATTESTS Sue C. Peter, City Clerk Approved by Finance Director: A&L- CITY OF KENAI RESOLUTION NO. 78-77 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF 11ONIES BE MADE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM: Finance - Professional Services (=11800) TO: Non -Department - Machinery a Equipment $1,800 The purpose of this resolution is to provide funding for the replacement of the stove in Fort Kenay. 1 ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of May, 1970. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter. City Clerk I Approved by Finanee Director: f• CITY OF KENAI RESOLUTION NO. 78-77 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF 11ONIES BE MADE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM: Finance - Professional Services (=11800) TO: Non -Department - Machinery a Equipment $1,800 The purpose of this resolution is to provide funding for the replacement of the stove in Fort Kenay. 1 ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of May, 1970. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter. City Clerk I Approved by Finanee Director: ,I uL Ilk ■ V-11TEVIN n-; ARCNITEOTIIRE ENGINEERING PLANNING INTERIORS April 12, 1978 TO: John Wise, City Manager City of Kenai Box $80 Kenai, Alaska 99611 FOR: Progress Billing PROJECT: Kenai Airport Masterplan Study STATEMENT NO. 10 Mork performed thru March 31, 1978 313 "E" STREET, ANCHORAGE, ALASKA 98601 TELEPHONE (907) 277.2841 M I . - r $89636.66 0 1✓ r q I KENAI AIRPORT MASTER PLAN PROGRESS REPORT 013 TRA The March 2 Advisory Committee meeting was held. At that time the development schedule and phasing plans were described, discussed and basically determined as the proper direction for future expansion of the airport. Minor changes were made to each of the development phases. TRA prepared and sent to John Wise a suggested layout for the platting of the land between the terminal building and control tower. This plan also included an update to the 1980 Terminal Area Plan. - 11111III IL11 III C) KENAI AIRPORT MASTER PIAN Progress Report #10 T.A.P., Incorporated Route 2, Box B 315 Haggerty Lane Bozeman, MT 59715 March 1-31, 1978 During the first week of March, representatives from TRA (Jeff Benesi) and TAP (Jim Monger, Ritch Secor) were in Kenai for the purposes of attending a session of the technical advisory and meeting with parties Interested in leasing airport property as future FBO sites. This trip was also important for gathering updated information to be used in for- mulating the leasing plans and financial feasibility analysis. At the technical meeting, the consultant team presented the preliminary development schedule and associated costs. The committee was advised that this schedule of projects is based on airport development needs determined from earlier sections of the plan and from input received at previous sessions in Kenai, and that the schedule is subject to adjust- ment per the analysis of funding availability and feasibility. There was agreement that the proposed schedule is consistent with the airport's development requirements, with the exception a minority expression of a need for long-range planning of facilities to accommodate air carrier aircraft fueling, cargo, and passenger functions. Following discussions with FBO lease applicants, a proposed layout for general aviation lots between the terminal building and the tower was provided to the City of Kenai. Also during March, work was accomplished on the financial plan, in particular on the projecting of revenues associated with the leasing of airport property. The financing and leasing plans will be completed by mid-May, in anticipation of a meeting later that month to discuss the results of the analysis with the advisory committee. A draft of the complete master plan will also be presented and discussed at that time. As of April 1st, TAP's portion of the master plan study Is 80 per- cent complete. Enclosed is a billing for $4,210.06 covering work accomplished to March. r F- � CH2 - ■ �© H LL engineers planners economists scientists one 15 March 1978 Job No, K10505. Dl City of Kenai Client Ref. No. 9311 Box 580 Invoice No. Kenai, Alaska 99611 Attn: Mr. John Wise STATEMENT For services through 24 February 1978 in connection with STP Modification Design. Professional Services: Name Rate Hours Extension Leman, L. 0. 38.25 1 $ 38.25 , Card, R. G. 34.25 2 68.50 Total Professional Services $106.75 I ' Exoenses: 1 Printing $ 7.26 Word Processing 4.40 Repro/Microfilm 12.18 Meals/Lodging 27.30 Telephone 462 Total Expenses S 55.75 AMOUNT DUE . . . . . . . . . . . . 0 0 0 0 . . . . . . . . . 0 $162.50 ! 'P# f '_0000 f 1� Due AND PAYABLE ON RECEIPT OF BTATEMENT. FINANCE CHARON, COMPUTED BY A "PERIODIC RATE" OR 1% PER MONTH, WHICH IB y AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS POR THE CURRENT MONTHI, WILL BE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. Anchorage Office ■ 310 K Street, Suite 602 Anchorage, Alaska 99401 907/279.6491 I i 1 r 7 r , r . CH2'\4 oU H LL engineers planners economists scientists City of Kenai P. 0. Box $60 Kenai, Alaska 99611 Attn: Mr. John Wise STATEMENT oete 15 April 1978 Job Na K10505. D1 client Ret. No. invoice No. 9352 For expenses through 24 March 1978 in connection with STP Modification Design. Expenses: Word Processing $11.00 Repro/Microfilm 17.94 Transportation 32.00 Telephone 1.47 Postage/Freight 1.67 Total Expenses $63.98 AMOUNTDUE ....... ............. . . $63.96 7'ri100 f f DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTSO SY A "PERIODIC RATE'! OF IS PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 1496 IAPPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST -DUB AMOUNTS UNLESS OTHERWISE PROVID90 BY LAW OR BY CONTRACT. + Af chorage Office t 310 K street, Suke 60'2 Antharage, Alaska 9930) 901/269.64491 ? _ Y , �s 0 r r I CH2 A q HLL engineers planners economists scientists one 15 March 1978 Job No. K1051030 City of Kenai Client Rd. No. P. 0. Box 580 Invoice No. 9331 Kenai, Alaska 99611 Attn: Mr. John Wise Manager STATEMENT For services through 24 February 1978 in connection with the Facilities Plan. Professional Services: Name Hours Extension Christensen, D. R. 18 $ 492.14 Leman, L. D. 10 335.62 Card, R. G. 59 1,362.97 Harr, P. E. 40 1,093.08 Tuttle, L. A. 1 20.36 Briker, 0. L. 1 15.73 Anderson, G. Fe 24 421.61 Total Professional Services $3,741.51 Expenses: Word Processing 57.20 Repro/Microfilm 7.00 Transportation 309.16 i Auto Mileage 25.50 Meals/Lodging 2.15 -� Postage/Freight 27.51 Total Expenses $ 428.52 7• — - - Professional Fee s �, �, S 625.50 oK AMOUNTDUE .................. ...... 54.795.53 �� 1 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH 18 AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH$, WILL BE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. Anchorage Office ■ 310 K Street, Suite 602 Anchorage, Alaska 995M 907/2794491 1 ■ , N ---'_-"� III ■ i nu.:_,..+_, _._ — _—_--_,..__ -— - - - ' �__.L..�..._ _�sac�ll i CH2A r]H-LL engineers planners economists scientists oats 15 April 1978 Job No, K10510.80 City of Kenai Client Ref. No. P. 0. Box 580 invoice No. 9359 Kenai, Alaska 99611 Attn: Mr. John Wise, Manager STATEMENT For services through 24 March 1978 in connection with the Facilities Plan. Professional Services: Name Hours Extension Vander&&, M. H. 1 $ 31.38 Christensen, 0. R. 31 647.57 Harr, P. E. 146 39942.24 Len an,- L. 0. 14 469.86 Card, R. 6. 63 1,465.38 Brody, S. E. 4 27.98 winters, J. N. 79.96 Howell, C. H. 6 124.32 Anderson, 6. F. Kounts, J. S. 11 170.69 Friberg, R. S. 3 41.02 Sedlacek, H. M. 2 32.04 Conkling, L. N. 21.69 Mayer, D. A. 1. Halton, J. M. 3 38.37 Total Professional Services X7,414.93 � 01 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% %APPLIED TO THE PREVIOUS MONTHS BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. Anchorage Office ■ 310 K Street, suite bO2 Anchorage, Alaska 99501 907/279.6491 04 City of Kenai 15 April 1978 K10510.60 Page Two Expenses: Printing $ 3.60 Word Processing 221.10 Repro/Microfilm 127.40 Transportation Auto Mileage 81.11 9.86 Heal Lodging 27.00 Telephone 35.89 Postage/Freight 12.62 Supplies 5.58 Secretarial 581.88 Graphic Services 47.18 Total Expenses Professional Fee AMOUNTDUE .................. . . IL 4 3: f - IL 4 II IM III I r 1 .I j CH2A E03 H L L engineers i planners economists scientists City of Kenai P. 0. Box 580 Kenai,, Alaska 99611 Attn: Mr. John Wise Manager now 15 Harch 1978 Job No. K10510.AO client Ref. No. Invoice No. 9333 STATEMENT For services through 24 February 1978 in connection with I/1 Study. Professional Services: Name Hours Extension Vanderea, M. H. 4 $ 125.52 Butt, J. L. 6 169.21 Leman, L. 0. 7 234.93 Card, R. G. 92 2,125.31 Total Professional Services $2,654.97 I, Expenses: i...:_ .: Word Processing $ 71.50 Repro/Microfilm 7.10 �. Transportation 15.00 Auto Mileage 5.10 Meals/Lodging 22.86 - Telephone 5.98 Total Expenses ; 127.54 Y' j� Professional Fee rr f, `U E 417.49 AMOUNTDUE ... .. .... .. .. . . ... .. .. .. .. $3.200.00 i ; DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. 1 Anchorage Office • 310 K Street, Suite 602 Anchorage, Alaska 9951)1 907/2794191 I ' a CHDA r H LL engineers planners economists scientists one 15 April 1918 Job No. K10510. AO City of Kenai Client Rd. No. P. 0. Box 580 Invoice No. 9360 Kenai, Alaska 99611 Attn: Mr. John Wise, Manager STATEMENT For services through 24 March 1978 in connection with I/I Study. Professional Services: E Name Hours Extension Vanderaa, M. H. 5 $ 156.90 Butto J. L. 2 56.40 _ . Leman, L. 0. 7 234.93 Card, R. G. 44 1,016.45 Biekere D. L. 8 125.80 17) Kounts, J. S. 33 511.76 Deoliveira, M. K. 1 9.85 Halton, J. M. 2 25.58 Total Professional Services $2,137.67-? Expenses: _ Word Processing $ 86.90 Repro/Microfilm 6.50 Meals/Lodging 26.25 Telephone 7.31 Postage/Freight 7.80 Miscellaneous .50 Outside Services 9.00 Total Expenses $ 144.26 — Professional Fee S 342.29 If F• �-� AMOUNT DUE ...... .......... .... ..... . $2,624.22 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH 18 AN ANNUAL PERCENTAGE RATE OF 1296 (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS � -� FOR THE CURRENT MONTH), WILL SE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. E Anchorage Office r 310 K Street, Suite 602 Anchorage, Alaska 49501 907/279-6191 r I a l II. 111111 II I - elm 1 II _ PEAT. MA2VIC8. MrrCSELL & Co. f vn== ACcOUXTAX a TM zSKAxcsws• rL&Zw 901 WXW ata AVXX Z. sum Too A19CUOU"M AS"ZA 99801 April 17, 1978 s, Invoice No. 941 City of Kenai _ P.O. Box 580 Kenai, Alaska 99611 Attn: Mr. Ross Kinney, Finance Director ! wwu►r+es rowwwwo �w�wsNss, SUMOVA16 t MOVIC" Marowms0, Progress billing in connection with our examination of 1976 and 1977 council on aging programs and 1977 nutrition program. $1,400.00 Progress billing in connection with our examination of Public Library Construction Grant Project No. 76-1. 600.00 `. Balance Due Q .QO r i 1 as Out I I - 3 j - V L t � y I c r 'I 4 I I l I 11m1111 �m„III A I loll I I IIm I I - STATEMENT ALASKA CHRYSLER. INC. P. O. Box 1331 4/28/78 KENAI, ALASKA 99611 DATE Phone 2834921 i City of Kenai Box 580 Kenai, Alaska 99611 DATE ( INVOICE NUMBI R / DESCRIPTION I I CABOWS ( eAUNes ,c114►aoES BALANCE FORWARD 1 ) `V 4/27 2 police Cars Ser# MAIPSA172207 545900 ` r 0 IL41PBA172208 5459.)0 L0,918. )O r _} r k t • i /L}STM t' ALASKA CHRYSLER, INC. C�/f![A/7/d/ BW Aedy�MIS8 COL MM' i i i t T µ _ =I ip r rr f . r ' ` /7 I :III Ilil I i I' CITY OF KENAI DATE: THE MICROPHOTOGRAPHIC IMAGES APPEARING START IN THIS ROLL OF MICROFILM STARTING WITH of ROLL 2"SQ�rL�o-F. D/._ e. �.0 N0. /0 RECORD FILE • N0: -.&p, / ARE ACCURATE REPRODUCTIONS OF THE RECORDS OF THE CITY OF KENAI. DEPTS AA,, I, the undersigned, Janet Whelan, City Clerk of the City of Kenai, AK, a municipal corporation, in the performance of the functions of my off- ice, hereby certify that the original camera negative microfilm images contained on this roll up to the and target, are direct and facsimile reproductions of the original documents. All documents were filmed com- plete in their entirety. I certify to the above to the bast of my knowledge and belief. CERTIFIED BY: 96&/.�DATE:—.d7-d44*?4 net Whelan, City Clerk i U. S. DEPARDIENT OF HOUSING MD URBAN DEVELOPMENT Under the Small Cities' Community Development Block Grant Program, small cities can apply for one of two categories of grants: Single Purpose or Comprehensive Grants. Both categories of grants require cities to submit a preapplication for which the requirements are basically identical. Applicants are competing for a linited amount of funds and, therefore, should fulfill all of the requirements for the preapplication in order to maximize their ability to compete for funding. Any questions relating to preapplication requirements should be directed to the respective Area Office. The preapplication for a Small Cities' Grant under the Community Develop- ment Block Grant Program consists of the following items: 1. Standard Form 424 2. Program Narrative Statement 3: Maps) showings a. Census tracts and/or enumeration districts b. Location of each proposed activity or program of activities c. Concentration of minority groups d. Concentration of lower income groups e. General locations for proposed new or rehabilitated housing assistance 4. Citizen Participation Certification 5. If applicable$ a. Status report or Grantee Performance Report b. Report on progress of HUD -approved Housing Assistance Plan 6. Copy of letters transmitting preapplication to A-95 Clearinghouses. for a preapplication to be complete, three copies of each item must be submitted to HUD, and one copy to each of the appropriate State and areavide A-95 Clearinghouses. (See 8 570.421.- Modified OMB Circular ` A-95 Procedures for Preapplication.) STANDARD FORM.424 Sections I and II - Complete Sections I and II of Standard Form 424 in accordance with the instructions included with the form. Section Do not complete Section IiI of Standard Form 424. This is for BUD use only. NOT9s For Item 6 of Standard Form 424, the Federal Catalog number for a Community Development Block Grant Small Cities Grant is 14.219. 0 -1- _r --v 1 CITY OF KFNAI a ` RESOLUTION NO. 78-121 A RESOLUTION 01: Till: COUNCIL 01: Till. CITY 01: KENAI, ALASKA, AUTHORTziNG ADMINISTRATION TO SELL. 1-0 Till: PORT 01: KENAI TANKS THAT ARI: I` 'Pitt: SHALLOW WELL BUILDINGS THAT HAVE BEEN DECLARED SURPLUS. WHEREAS, the building, materials and related equipment have been declared surplus by the Council of the City of Kenai, and WHEREAS, the bids for the shallow well buildings, materials and i related equipment were all rejected, and I WHEREAS, the Port of Kenai has offered to purchase the tanks located in these well houses for $400 each, and WHEREAS, these tanks have no useful purpose for the City of Kenai, and I i WHEREAS, the price for these tanks seems reasonable and fair. ! NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the tanks located in the shallow well buildings be Sold for $400 each to Port of Kenai. PASSED by the Council of the City of Kenai, Alaska, this 2nd day of Aug. 1978. I VINCENT O'REILLY, MAYOR ATTEST: ��..: Sue C. Peter, City ClerK 1 I.� I ► I f E •• -i I I I � I . �i T_ - — III. Cost Inforration a) Mat are the estimates of cost for the proposed activity or program? b) Are other sources of funding anticipated to conplete an activity or program? If so, identify: 1. Sources) • It. Type (a) Iii. Amount of funding c) If requesting multi-year funding -under the Comprehensive Program, what will be the amount of each annual increment? IV. Outstanding Performance a) If outstanding performance has been demonstrated in carrying out community development activities, give adequate inforrition on these activities so that the preapplication can be evaluated In order to receive a possible five points for this factor. (Section 570.428(d)(1)(1) or Section 570.432(d)(1) and (2). b) If outstanding performance has been demonstrated in actually i providing housing for persons of low and moderate intone, give adequate information on these activities so that the preappli- cation can be evaluated in order to receive a possible five points for this factor, (Section 570.428(d)(1)(ii) or Section t 570.432(d) (3). V, Rouslus Information .l a) pkat are the housing problems faced by your community, particularly those of low and moderate income people? b) What to the housing strategy to meet the community's housing • needs? c) If funds from this program will be used to implement this strategy, how will these funds be used? ATTACHMTS Attach the following items as a part of the preapplications 1. Citizen participation certification for Small Cities grant preappli- catioas. -3- u 4 I 01 2. Map of the applicants' jurisdiction indicating: A. Census tracts and/or enumeration districts. B.. Location of each proposed activity or program of activities. C. Concentration of minority groups. D. Concentration of lower income persons. E. General locations for proposed new or rehabilitated housing assistance. 3. A. If a prior Community Development Block Grant has been received, submit a status report regarding perform*nce on the grant(s). (Section 570.402(c)(1)(i). Include: I) schedule showing rate of progress in executing activities, ii) rate of expenditure and obligation of funds, and iii) problems or circumstances affecting (1) and/or (ii). The Grantee Performance Report may be substituted for the status report. B. If a BUD approved Housing Assistance Plan applies to the juris- diction, what has been the progress toward meeting the goals (Section 570.402(c)(1)(11))? If goals have not been reached, has there been any action taken to facilitate the accomplishment of these goals (e.g.: removal of impediments such as restrictive zoning, land use changes, etc.)? 4. Copy of the letters transmitting the preapplication to Clearinghouses. —4— 7 r PCO. _ ... ...,.,......�_ __._.. - � . JECT MANAGERS ALASKA INC jPMA INC I 1. r May 3, 1978 Keith Kornelis City of Kenai P. 0. Box S80 Kenai, Alaska 99611 SUBJECT: EDA 007-S1-26966 EDA 007-S1-26998 EDA 007-S1-26997 EDA 007 -S1 -2696S EDA 007-51-20074 Dear Mr. Kornelis: Water and Sewer Improvements Street Improvements Paving Redoubt Way Water Storage Tank In reference to your request for a firm bid for Project Coordination/Inspection services for the above projects, Project Managers Alaska Inc. proposes to provide these services for a sum of $46,200.00. This bid includes all travel and expenses; and all paperwork normally required of construction management by E.D.A. This quote is based on a construction schedule ending by July 31, 1978. Services provided after that date can be negotiated at current rates. Surveying, Soil testing, Concrete testing, and Radiographic examination will be billed at actual cost plus St. Additional services will be subject to approval by the Public Works Department. P.M.A. would expect to negotiate an initial payment, monthly progress payments, and a reasonable retainage pending success- ful completion of the projects. Ve ly yours, -/ L, Robert A. Hensler PROJECT MANAGERS ALASKA INC. RAH/kh a T w•-- - r 'r- 1 i ` % t .r r• May 2, 1978 .r 0 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: JOHN E. WISE, CITY MANAGER SUBJECT: ALLEGATIONS AFFECTING -THE DEPARTMENT OF PUBLIC WORKS, IN PARTICULAR WATER AND SEWER PERSONNEL On Friday, April 28, Councilman Malston and Councilman Whelan discussed with me certain allegations relative to the Department of Public Works and water and sewer personnel. The first allegation was, in fact, that a threat had been issued by the Director of Public Works that if Clyde Johnson, the water and sewer foreman, were to approach the Council he would be fired. The facts and circumstances relative to the allegation are essentially as follow: Earlier last week Mr. Johnson came into the office and approached me directly with a piece of cheesecloth that he had apparently used to cover a hydrant on Highbush when he flushed the hydrant. The cheesecloth indicated that there was considerable debris in the water and he asked for my permission or authorization to flush the hydrants that evening. At that time, by coincidence, the Director of Public Works entered the office. The problem was discussed by the three of us and it was my - decision that we not flush the hydrants, but have the fire department run static pressure tests from the hydrants within the City to establish flows and pressure. This would, in essence, clean or clear the hydrants themselves of dirt and debris which may have accumulated over a period of time. Later, in a private conversation with the Director of Public Works, I advised him that I was somewhat annoyed at being directly approached with this situation and did not care to be placed on the spot without all the information and advice of the Director of Public Works. I made the suggestion that Clyde be talked to and that this type of activity stop. Following that time, I was called by Councilwoman Glick who stated that she had been advised by one of her constituents that this problem had occured adjacent to her house on Highbush and that Clyde Johnson had volunteered to work at what appeared to be no pay to accomplish this particular flushing, I commented at that time to Councilwoman Glick that the amount of overtime expended would be considerable and that I did not expect any member of the City staff to work overtime without compensation. I further advised her that we were taking action through the fire department to alleviate the problem. Councilwoman Glick also informed me that Clyde Johnson had approached Councilman Aber. My only comment in this regard is that, to the best of my knowledge,- no comments were made by Councilman Aber to either myself or the Director of Public Works. This situation was further discussed with department heads in the weekly staff meeting and Actin Chief Ivanoff was reminded that we were interested in having hydrants flowed for static pressure tests and having our hydrants checked to see that all were operational. In the event that an inoperable hydrant was found, we requested that it be reported to the Public Works Department so that it could be corrected. a On receipt of the comments by Councilman Malston and Councilman Whelan, I spoke to the Director of Public Works and asked exactly what he had relayed to Clyde Johnson. Mr. Kornelis stated that he had somewhat strongly requested that Clyde report first to him, k - before proceeding to me as City Manager or any members fi of the City Council inasmuch as it is appropriate to work through the channels which can authorize any :. additional work or take whatever corrective action is . necessary. Undoubtedly, the request was relatively strong and could perhaps be considered an admonishment, but the word "discharged" or words to that effect were not used in the conversation. The second allegation was that Clyde Johnson was being - - directed by the Director of Public Works to respond to complaints regardingwater and sewer. In talking with the Director, he inormed me that it was his policy that -- when a complaint comes in, he asks the respective department people to investigate and determine what the Ii problem is. He had no intention of directing that these employees respond directly to the people concerned, but simply gather facts on which the Director could base j a decision or make a recommendation. Responses to requests for assistance are being made by the Director in every j case where it is deemed appropriate, i JEW/eh y� i a -- V- - - - - , W - - -1111 May 2, 1978 TO: HONOLE MAYOR AND CITY COUNCIL FROM: JOH1N.1>7fSE, CITY MANAGER SUBJEff: "TERMINAL PARKING A W6 At this moment, I do not plan to rearrange the parking for firms those whose employees work in the terminal. Once we have completed the driveway paving project, we will be making a reevaluation of the center lot as well the long term parking area. There is the additional consideration develppment of possible of adjacent land for parking upon completion of the Master Plan Study. I am certain that by this Fall, when the darkness again hits the City, we will have made some appropriate adjustment. JEW/eh el KENAI PENINSULA BOROUGH AGENDA FOR THE REGULAR ASSEMBLY MEETING MAY 2, 1978; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A G E N D A- A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEATING OF NEW ASSEMBLYMEMBERS (none) D. AGENDA APPROVAL E. MINUTES: April 18, 1978 F. ORDINANCE HEARINGS: (a) Ord. 78-14 "An Ordinance Concerning Rezoning Within the City of Kenai" (North Road) (b) Ord. 78-16 "An Ordinance Amending Section c.uu.usu of the Kenai Peninsula Borough Code of Ordinances to Adopt Mason's manual of Legislative Procedure in Lieu of Robert's Rules of Order" G. INTRODUCTION OF ORDINANCES: (a) Ord. 78-20 "An Ordinance Concerning Rezoning within the City of Kenai" (Deepwood Park Sub) (b) Ord. 78-21 "An Ordinance Appropriating Tunas for Fiscal Year 1978-79 for General Fund" (c) 'Ord. 78-22 "An Ordinance Appropriating Tunas for Fiscal Year 1978-79 for Capital Projects" (d) Ord. 78-23 "An Ordinance Making Appro- ppriations for Fiscal Year 1978-79 to All Service Areas Within the Kenai Peninsula Borough" (e) Ord. 78-24 "An Ordinance Apppropriating Tunas for riscai Year 1978-79 from Federal Revenue Sharing Funds Unappro- priated Surplus to the Federal Revenue Sharing Account for the Purchase of Equipment and Contractual Services" (f) -Oid. 78-25 "An Ordinance Makingg an .Nppropriation to the South Pon insula Hospital Service Area Operating Expenses of 147,000" (g) Ord. 78-26 "An Ordinance Revising the toning Coae for that Area Within the Municital Boundaries of the City of Seward' Assembly O'Reilly 10.66 Arness 9 Campbell 7.5 Cooper 10 Corr 9 Crawford 4 Davis 9 Douglas 9 Elson 10.67 Fields 9 Fischer 9 Hille 10.67 Long 9 McAllister 11 McCloud 7.5 O'Connell 9 f' AGENDA FOR REGULAR ASSEMBLY MEETING, MAY 2, 1978 Page 2 1 (h) Ord. 78-27 "An Ordinance Appropriating Funds tor Nlscal Year 1978-79 for Roads and Trails Projects" H. PUBLIC PRESENTATIONS (with prior notice) (a) Mr. Sherman Smith; Authority of Planning Commission (b) Mrs. Irene Girves; Salvage rights at Soldotna Landfill I. COMMITTEE REPORTS -� (a School Board (Fischer/Fields) Inlet Air Resources (Davis/Long) JbCook c Legislative Overview (Campbell/Long) d O.E.D.P. (Fischer) e Finance (Hilae/Cooper/Crawford/Fields/McCloud) f Solid Waste (Fischer/McAllister/Cooper) with Ord. 78-15 (g) Roads and Trails (Davis/Corr) J. MAYOR'S REPORT (a) Report on Testimony as Intervenor Before the Federal Energy Regulatory Commission RE Pacific Alaska LNG Company and Western LNG Terminal Company • (b) Memo 78-79 Line Item Budget Adjustments T. SCHOOL CONSTRUCTION REPORT (a) Furniture Lists, Nikolaevsk Elementary and ' Seward High School (Approved 4-17-78) c (b) Res. 78-46 "A Resolution Approving Selection .. .. of wirum and Associates for the Kenai Central Auditorium, North Kenai Elementary School and tho.Soidotna Jr. High Athletic Addition; ' and Design Lab Inc. for the Ninilchik Addition" Multi -Purpose i L. OTHER BUSINESS: (a) Res..78-40 "A Resolution Rescindingg Res. 77-48 Relating to Borough Participation in the State of Alaska Public Bmpioyeos Retirement System" f. F` (b) Res. 78-42 "A Resolution Granting the City of boiaotna a Right -o£ -Way Easement for the - Extension of Redoubt Avenue" ' (c) Res. 78-45 "A Resolution Authorizing the Inclusion - of Keaoubt Avenue in the Local Service Roads and —= Trails Program" with Memo 78-82 relating to Res. 78-42 4 78-45 - (d) Res. 78.47 "A Resolution Authorizing Transfer of runs rrom the Assembly Litigation Contiagency Reserve Account and from the Legal Department Budgot Appropriation to Various Departments tfithin the Borough' ; I I; I 1 IL 4 AGENDA FOR REGULAR ASSEMBLY MEETING, MAY 2, 1978 Page 3 (e) Appointments: 1. Central Peninsula Hospital Board 2. Planning Commission (f) Senior Citizen Waiver of Time for Filing for Exemption, Jaeger Haagensen (g) Tax Adjustment Requests 'M. MAYOR AND ASSEMBLY: C0MMENTS AND DISCUSSION N. PUBLIC PRESENTATIONS - -" 0. INFORMATIONAL MATERIALS AND REPORTS (a) Minutes 1. Agenda for 5-1-78, School Board 3-20-78, News -in -Brief 4-17-78 2. So. Kenai Peninsula Hospital 4-5-78, 3-15-78 3. No. Peninsula Recreation S.A. 4-14-78 4. Bear Creek Fire S.A. 3-9-78 (b) Liquor License Transfer, Funny River Liquor (c) Alaska Municipal League Bulletins ` P. NEXT MEETING: Board of Equalization and Regular Meeting, May 16, 1978; 7:30 p.m. IL 4 V I' --- r -- - -T - t -t May 2, 1978 TO: VINCENT O'REILLY, MAYOR FROM: ERNEST SCHLERETH, CITY ATTORNEY SUBJECT: PENINSULA SANITATION The other day I called Norm Wallace of Peninsula Sanitation and asked him, per your request, if he could send any written data pertaining to his "Notice of Application to Amend Service Area" as published in the newspaper. He informed me that at this time there was not any formal application to speak of and advised me that the only change that would be made relative to rates affecting the City of Kenai would be that, henceforth, he would enforce the APUC regulation that he charge an extra $2.50 per garbage can to residential customers. Thus, the rate of $6.00 per can would remain the same and each additional can up to 32 allons collected by Peninsula Sanitation would cost 2.50. Mr. Wallace feels that enforcement of this rate would enable the company to plug a hole where a financial drain on the company existed before. (Many residential customers have many cans to be collected without being charged for the extra cans.) The other charge in the rate concerns the hauling of very large garbage containers, The request is that these large containers go at $47 per truck. According to Mr. Wallace, this would not effect the City since apparently the City does not own or operate such large garbage containers. ES/eh ciV T...r- VA q, 4 MEMORANDUM TO: Councilman Ron Malston FROM: Sue Peter, City Clerk DATE: April 28, 1978 Relative to our telephone converation and the subject of non-use of the Public Safety Building, I shall try to try to elaborate on some of the points in question. First of all -- early last spring, I set up, at the request of SBA, a schedule for use of the Public Safety Building so that representatives from SBA could meet with the general public. During the course of the months that they utilized the Public Safety Ruilding, they did not supply me with a schedule and time at which the representative would be in the City and, therefore, the Fire Department (on several occasions) had groups of people at the Fire Station awaiting arrival and no one from SBA would show up. In addition, the switchboard was deluged with inquiries from time -to -time regarding SBA which the Fire Department telt posed another problem for emergency communications. When the second request from Pamela Knode was received at City Hall, I again contacted the Fire Department to advise that I was scheduling the Public Safety Building for use by the SBA. At that time, the Fire Chief requested that I cease scheduling of the Public Safety Building as the recent grading by ISO indicated that multi -use of the Fire Station and under item #17, Miscellaneous Factors and Conditions, the City was assessed 48 points for the entire section which included the multi -use of the facility. The only other facility that the City had available at that time was Fort Kenny and it too was utilized to capacity for the Nutrition Program. Therefore, a letter was prepared and SBA advised that we were unable to accommodate them again. At the present time I no longer get involved and the Public Safety Building is used only by approval of the City Manager. I too believe that the City should make every effort to assist in areas that are beneficial to our citizenry and if I can provide additional information regarding this mutter, please do not hesitate to contact me. r A ! _ II I, I II" II IIIW II l.il II 11111111 IIII ILII I log I IHI III II III10II ill 111 II I DEPARTMENT 4F THE ARMY 1 !ir E ALASKA DISTRICT. CORPS OF ENGINEERS P.o. ASK r[ �� ANCHORAGE. ALASKA ANCMLASKA 719610 IltAtr TO ATT["TIOM Oft .Z "W NPAEN-PR-EN 1 Mr. John E. Wise 1 Ci ty Manager ! Kenai, Alaska 99611 t Dear Mr. Wise: . 1/ I appreciate the comments contained in your statement presented at our public hearing on 28 February 1978 regarding the draft Kenai River Review. The draft version of the Kenai River Review has undergone considerable revision as a result of your comments and other input received during the public review period. I am aware of the controversy raised as a result of the wetlands areas identified in the report and the necessity of obtaining a permit for the discharge of dredged or fill material in those areas. In the draft document, we had listed 0/D (Ordinarily Denied) in the matrices for activities planned in wetlands; however, we have now changed that designation to a W (wetlands). The "W" designation merely means that a permit would be required for those activities in wetlands. I would like to emphasize that the Kenai River Review provides only guidelines and that each permit application will be evaluated on a case by case basis in determining whether or not any given action is in consonance with the overall public interest. Wetlands considered "important" are generally those wetlands which serve important biologic functions, prime recharge areas, and so on; the specific definitions are contained in the Kenai River Review. Activities Involving the discharge of dredged or fill materials in wetlands not considered "important" may be authorized without delay following favorable public interest review. For example* my staff and our contractor recently conducted a field investigation of an area near Soldotna identified as wetlands in our document. It was their opinion, without benefit of public interest review, that the site could undergo routine recreation development such as a cabin and driveway without significant impact to the wetlands. i I _,r Y �{ f s. t �I tr le 1 I appreciate the comments contained in your statement presented at our public hearing on 28 February 1978 regarding the draft Kenai River Review. The draft version of the Kenai River Review has undergone considerable revision as a result of your comments and other input received during the public review period. I am aware of the controversy raised as a result of the wetlands areas identified in the report and the necessity of obtaining a permit for the discharge of dredged or fill material in those areas. In the draft document, we had listed 0/D (Ordinarily Denied) in the matrices for activities planned in wetlands; however, we have now changed that designation to a W (wetlands). The "W" designation merely means that a permit would be required for those activities in wetlands. I would like to emphasize that the Kenai River Review provides only guidelines and that each permit application will be evaluated on a case by case basis in determining whether or not any given action is in consonance with the overall public interest. Wetlands considered "important" are generally those wetlands which serve important biologic functions, prime recharge areas, and so on; the specific definitions are contained in the Kenai River Review. Activities Involving the discharge of dredged or fill materials in wetlands not considered "important" may be authorized without delay following favorable public interest review. For example* my staff and our contractor recently conducted a field investigation of an area near Soldotna identified as wetlands in our document. It was their opinion, without benefit of public interest review, that the site could undergo routine recreation development such as a cabin and driveway without significant impact to the wetlands. i I _,r tI _. j; f V. F ti APR NPAEN-PR-EN Mr. John E. Wise I am glad that my staff and our contractor had the opportunity to consider your comments in revising the Kenai River Review and hope that you are pleased with the final report. We should be able to provide a copy to you within the next two weeks. Sincerely yours, ERNELLE T. SMITH Lt Colonel. Corps of Engineers Acting District Engineer FA 1' — • s tI _. j; f V. F ti APR NPAEN-PR-EN Mr. John E. Wise I am glad that my staff and our contractor had the opportunity to consider your comments in revising the Kenai River Review and hope that you are pleased with the final report. We should be able to provide a copy to you within the next two weeks. Sincerely yours, ERNELLE T. SMITH Lt Colonel. Corps of Engineers Acting District Engineer FA 11 U.6.0BPAS"UNT OP COMMI EconomicCkroWopmene Adadnie 1700 VAMtlak+e Avenue Nm-th Je w; z a. E397Q9 April 26, 1978 (206) 442-1682 Mr. John B. Wise Manager, city of Kenai / Box 580 Kenai, Alaska 99611 ' Re: EDA Project No. 07-51-20074 Reservoir and Water System Improvements Dear Mr. Wises in reference to your letter of March 14, 1978, requesting use of project underrun funds for additional construction of water i ne extensions as outlined in your letter, EDA has reviewed and approved the request with the following conditions The Grantee will provide evidence to EDA that the Alaska State Historic Preserva- tion officer has reviewed and approved the project expansion plans. This condition must be met prior to release of second half funding. You are reminded that state law requires submission of expanded project plans to the Alaska Department of En- vironmental Conservation, and that Alaska State Depart- ment of Fish and Game must be contacted regarding stream crossings by the proposed waterlines. We have enclosed the new approved budget (Form ED -508). As you have previously been advised, expenditures are not to exceed any budget line item without prior EDA approval. Sincerely, Ail. u. A.,Jzl Donald L. Gould F LPW Division W Enclosures Form ED -508 A411 440�_w Effective Dates April 4, 1978 4�?00 X? I I I, r IfCP/IC•MIC I/I:YI:LO/•I•r•.♦ A11•IIIII•r711A11011 � ••�• ,1 A LOCAL PUBLIC WORKS PROJECT LINE ITEM ESTI14ATED COSTS USCONWitc level -PT r� EDA Project leo. 07-51-20074 St.,- Alaska County Kenai Peninsula Boro. -Ltat �us w roved Revision Administrative Expense S 28,100 = 28,100 Acebkeetural/Esagineering (updating and/or completion of 270700 69r700 PLns and Specifications) . • Otlses Arebitectual8ogineering Fees 9,200 13#200 Projeet inspection Fees 39,900 64, 800 Reloeadoa Expenses ! -0- ' -0- r Reloestion Payments to bdividusls -0- -0- -sod Businesses _ / Demolition, and Removal (s) Labor -0- -0- (b) Aon -Labor -0- -0- constnucioa and Projeer. Improvement Labor 602,000 571,550 . non -Labor 602;000 571,550 Equipment -0- -0- continjencies -130#890 120r890 . Toal Euimstea costs = 1, 439, 790 ; 1, 4 39, 790 i`. Remarks: EDA Direct Grant $10250,000 $1,2500000 - -- State Favids 94#895 94#89S Grantee/Borrower's Funds 94,695 94,895 .._f Total Project Cost $1,439,790 $1,4390790 ! Effective Dates April 4, 1978 USCONWitc level -PT r� F_ T _ « r - 1 «. ... •.. ., ._ --__ �-._._-..__ _..u.,._. - - --.. .�_.—_..,��. dpi 1 .. . IY n. -,_,.. I� INTER -OFFICE ME410 April 28, 1978 TO: Ernest Schlereth, City Attorney x FROM: Deanna Evans, Recodification RE: Recodification Report I am now into the second volume of the three-ring binder and the following is an update on the statue of recodifications • TITLE Q - ALCOHOLIC BEVERAGES Completed. t TITLE III - ANIMAL CONTROL Completed. TITLE V - BUSINESS a OCCUPATIONS Completed. TITLE VI -ELECTIONS A 1 i 1 Completed. TITLE VII - FINANCE, TAXATION, a BUSINESS AFFAIRS OF THE CITY F ! Completed. TITLE VIA - FIRE CODE Completed. TITLE IX - GARBAGE a OTHER REFUSE '— - Completed. - TITLE X - GENERAL AND MISCELLANEOUS PROVISIONS j Completed. r Ernest Schlereth, City Attorney April 28, 1878 Page 2 TITLE XI - HARBOR Completed. TITLE XVIII - STREETS. SIDEWALKS, AND OTHER PUBLIC ARE. Completed. TITLE XX - TRANSPORTATION Completed. TITLE XXI - CITY -OWNED LANDS This title is on mag card. except for the history, pending approva acceptance of amending Ord. 400-78. As a reminder, the titles of the Kenai Code reported as complete to EXCLUSION of the comprehensive index that will be done, which ,% elude the indexing of all the ordinances. 4 r April 19, 1978 CITY OF KENAI ,•od eat c4 41ax4Q„ P. O. BOX $80 KENAI. ALASKA 99611 TELEPHONE 203 • 7636 M E M 0 TO: Keith Kornelis, Director of Public Works FROM: Ron Hamar, Animal Control Officer SUBJECT: Amanda Walker's Letter of April 10, 1978 In response to Mrs. Walker's letter, she claims Marion Kempf's dogs from Central Heights are in her yard all the time. She has never even filed a complaint with the Animal Shelter. So I can't resolve a problem I am unaware of. As for Marion Kempf's dogs, I've received other complaints but no one wants to file a formal complaint to take her to court. Since the dogs know me, I am unable to got close enough to catch or tranquilize them. Without the citation power which I have been trying to get for almost a year, I am unable to enforce the ordinance any more than what I am already. The reason I no longer patrol to the end of Walker Lane is that I was told by someone visiting her that beyond the house up from hers, the road was a private drive and she didn't want me up there. For her claim I don't do my job, if you check the number of animals now being picked up against the number that was before I came, you'll find the number has almost tripled. This number would further be increased if I had more room at the shelter to put them. Also, as long as I have to do both the animal control job and that of a kennel porson, I won't have any mono time for patrolling. Now, anytime someone wants to see the dogs at the shelter, I must stop patrolling and return to the shelter. I also spend 2-3 hours each day cleaning the kennel and taking care of the animals. RH/nls E a F :.j+rJ 1 1 "tii ' Dear +:al : • . fe.. days ago 1 lost my ;ia. eae cat to the ja.:s of one or :: =rion .:$.•: °t's do-n-r4he hn- V-ree. '"::cy ro.lµ tho aria at liberty. !so the lo -s fro: Central i:e' g is •,ucdiv_::_an. Before you beca: o mayor ...n ordnance s.a : prssed by the -:;i :y councilmen rotating that all dogs must be confin•,d to t eir ho::aes wad to be on leanhas. I do not sec xhy concil: en .... .taste electricity untie. the ::ee hours of V.e morning ja•3�i_r � ordnances that no one enforces. :,by apon_d tax payers money ` for a do; catcher zho doesn't do his job? I've had as many as seven (7) dogs in my yard at one ti..ie. It's especially bpd in the summertime whon lawn mo%ing ti. -IO comes and one has to run his mover over a pile of dog droppings. I do my own moving and sometimes I feel like I'll get a gun and kill every one that comes into my yard. But then I'd be hauled into court and fined for killing the strays. Upon two occassions I sasr the dog catcher dorm here at the end of the Lane where I live..... that was soon after he got the job. ! f .":dere is he now? t; I'm not blaming Marion Kempft nor her dogs, nor any of the other dogs that come into my yard. IIm blaming the Big City ` Dads who stake the laevs and then they are too lax to see that _ they are enforced. Too, I often wonder -,that happened to the the ordnance that was pa. sed when Hr. Robbins was City mina„ er atating that trash cans had to have tight lids on then. 1'::r.t ordnance it another just lice the dog ordnance.y both(.r yaysing ordLances? - I have one cat loft and no doubt it :,ill just be a matter of time till the dogs get him,,: Amanda I',. balker i T. I V_ 4 �_H-11.4„'I HI- J --- I C ALASKA MUNICIPAL LEAGUE ��7��I !04 N. F�ankNn 5t• Jaxw, Also 99f01 (001 j 5961�2g APRIL 181 1978 OULLETII1 9 78-26 The following are reprints from the NACo !newsletter SENATE HEARINGS - STATUS OF DEFERRED COMPL',`3SATION PLANS • Washington, D:C.-Tie Senate,; uhcom`raittee ori private pension plans and employee fringe benefits recently held hearings on 8.2627, introduced by Senator }tike Gravel (0 -Alaska) which seeks to reverse a proposed Internal Revenue Service ruling. The proposed ruling would require employees participating in county, city and state operated deterred compensation plans to pay current -taxes on amounts deferred, rather than when paid, and would become effective 30 days after final regulations are published in•the•Federal Register. Approximately 30 states and a substantial number of counties and cities would be affected. NACo submitted for the record a resolution passed.by the board of direetgrs supporting the bill and gpnosing the proposed Treasury..Department ruling issued In tho February 3 Federal Register. Other organizations testifying in favor of 5,2627 included the National League of.Cities, V.S. Conf9ronce;of Mayors, and the American Federation of State, County and Municipal Employees (AFSCMF.).' The Senate sµbcommittee has nb.definite plans -for continued hearings, although Senator Lloyd 8¢ntsen (D -Texas) hap indi- cated that a legislative solution is necessary. On the House side, no hoarings have boon scheduled by the Ways and gleans Committoe, chaired by Rep. Al Ullman (D -Ore.) on two identical bill$ introduced- by stop. J.J. Pic klo'•(D=Tex.) ' --- - (H.R. 10893) and Rep. Joe Waggonner (W -La.)., M.R..10746) . ' V IIIII till .1 ._ (I� t } In a recent letter to Donald Lubick, deputy assistant see - rotary for tax legislation for the Treasury Department, Ullman said "in view of our discussion and agreement on the need for statutory Language imposing limit3 and standards for such programs, it would seem appropriate for the Treasury to postpone implementation of the proposed rcgulations...T.his would give Congress.tho time necessary to study theso complex questions and develop the anpropriato legislation.., in view Of the wide interest and concern about this matter, i would appreciate your early rosponsc to this request for postpone- ment of the doferred compensation regulations." Lubick concurs with Ron. Ullman on the need for legislation in this area. in his March 23 reply he said, "tie expect to have: a dotailo,4 proposal to you within the next few weeks, before the May 4date sot for hearings on the proposed reg-ulations covering deferred compensation arrangements." Lubick further stated, that "no final regulations will be issued be- fore tho committac has had an opportunity to study our legis- lative proposal. MACo has learned in recent conversations with Treasury, officials that tho proposed legislation has not boon drafted yet,, but that IRS will focus on the folloteing major provisions placing a limitation on the amounts deferred, and other standards for those plans, such as discrimination issues and funding. arrangamonts. NACo has boon working with other state and local public and privato interest groups to achieve a fair and reasonable logis- lativo solution. In a letter to Chairman Bentsen and members of the Sonans subcommittee on private pension plans and empl.oyeo fringe benofits, Ann,5impson; WACo logislativo reprosentativo, strossed that "'TRCo bolievos that the proposed IRS regulations aro without legal basis, are contrary to their previous administrative position that has boon roliod upon by counties, citios and states across the nation through privates Lotter Rulings, and may disrupt negotiated contracts with om»loyco unions. Those plans encourage voluntary savings and increasod security for the nationals retirees, at no cost to local governments or to the local property taxnayor". Lottors rocoikrW at NACo indicate that counties that have had doforrod-Compensation programs for years would like to see them maintained. County officials from Galvoston.County'. Toxas were in Washington recently to discuss those issues with their congressional delegation. They also meet with the NACo staff. ik E L i CODUTERCXCLICAL ASSISTANCE - The Administration is preparing to submit to Congress its proposal for extension of the counter- cyclical antirecession assistance program. Proposal will report- cdly provide two-year expansion, oliminate 64 national trigger, continue 4.50 minimum unemployment rate for eligibility, lift many of the restrictions on spending the funds, and doleto 1 states as oligibla participants. Rep. William Moorhead (D -PA.) has introdueod H.R. 11298 to extend assistance for five quarters and change national trigger from current 64 to 5.58. I The current authorization will oxpiro Soptombor 30, 1978. RURAL DEVELOPD1013T ACT - douse Agriculturo Committoe reported out Agriculturo Credit Act of 1978, with bill number changed to H.R. 11504. Bill increases water and waste disposal author- ization from 0300 to $400 million and raises grant coiling from 504 to 75% of project cost. Provision increasing rural dovolop- wont loan interest rates has been deleted. House vote sot for this weak. Senate Agriculturo Committoo reported out companion legislation 5.1246. Bill amondad in full committee to increase wator and waste disposal grant authorizations to $1 billion and coiling on grants to 75% of project cost. Senate vote scheduled to follow action on Panama Canal Treaty. Both bilis also contain provisions for broad agriculture assistance. ATTENTION ALL MEMBERS - "ark your calendars for NLC's 1978 Regional Contaronee in Portland, Oregon, August 18 and 19. As more information becomos available we will pass it along. i"W 19 r:i ALASKA MUNICIPAL LEAGUE 204 N. Fr"Ifn St. Amou, AIS 99001 (907( $06.1129 LEGISLATIVE BULLETIN 0 31 P.PRIL 24, 1978 INDEX (Rofor to previous bulletins for bilis not listed in this index) HOUSE BILLS CSHB 87 am Service Areas 2-3123,23,30132 CSHB 133 (Finance)am Land Selection 3-5,15,23-31 CSHB 483 am Municipal Coda Revisions 14,15,24,25,29,30,31 HS 654 Redevelopment Assistance 21,22,30,31 HB 712 G.O. Bonds for Bicycle Trails and Foot»aths 20,21,31 HB 766 Contractors Exemptions 21,22,28-31 HB 843 State Aid for Municipalities 22-31 US 055 Public Corporations 24,25,30,31 CSHB 873 Salaries of Municipal plectod Officials 25,26,29-31 HB 075 National Forest Receipts 25,26,31 H8 904 Alaska Land Policy 27,28,31 SENATE BILLS SB 163 School Facilities Construction 6-8,30,31 SB 373 Public Information and Collective Bargaining 18-21,25,26,31 CSSB 430 Alaska Municipal Bond Bank 18-20,28-31 SB 533 Planning for Public Facilities 26,27,29-31 SS 535 Emergency Medical Services 26,27129-31 SB 562 Alaska Land Policy 27,29,30,31 SB 599 Salo of Alcoholic Beverages 31 I r HOUSE BILLS CSHB 07 am - Service Areas - This bill passed the House on April 18, and has now been referred to the Senate CRA Committee. CSHB 133 (Finance)am - Land Selection - The Senate Resources Committee heard testimony on this bill this week but no action was taken, CSHB 483 am - municipal Code Revisions - No further action in the Senate CRA Committee. HB 654 - Redevelopment Assistance - No further action in the Finance Committee. HB 712 - G.O. Bonds for Bicycle Trails and Footpaths - The Re- sources Committoo has recommended a comr ittee substitute and the bili in n(x# in Finance. HB 766 - Contractors Exemptions - The CRA Committee recommended a committee substitute and the bili is now in the Rules Committee, HS 843 - Stato Aid for municipalities - No further action in the CRA Committeo. HB 855 - Public Corporations - This bill passed the House on April 21, 34-0, with ono amendment, Brown served notice of reconsider- ation which he intends to bring up Mondays CSHS 873 - Salaries of'Municipal Elected officials - The CRA Committee Substitute passed the House April 21, 33-1. HB 875 - National Forest Receipts - Tho CRA Committee recommended a committee substitute and tho bill was referred to tho Finance Committee. HB 904 - Alaska Land Policy - The Resources Committoa reported this bili out with individual recommendations and the bili was referred to the Finance Cor.mitteo, SENATE BILLS SB 163 = ScTool Facilities Construction - No further action in the Finance committee. SB 373 - Public Information and Collactivo Bargaining - The CRA Committee recommended a committee substitute and the bili was referred to the Labor and Management Committoo. COBB 430 - Alaska Municipal Bond Bank - Testimony was hoard Friday, This bill ,4 a nxj1n..;LWVd 4.10 ho nnreu4110d. hf%ff61LO if 10 })na9n4 Out of vurom�.ttc�o. 1 R � _ 4! ! i i i , F T T SB 533 - Planning for Public Facilities - No further action in the CRA Committee. SB 535 - Emergency Medical Services - This bill passed the Senate on April 17, 17-0. It has now been referred to the House HESS and Finance Committees. SS 562 - Alaska Land Policy - This bill was discussed in the Senate Resources Committee but no action was taken. SB 599 - Sale of. Alcoholic Beverages - Introduced by the CRA Committee, this bill provides for disapproval of a license application by a municipality if the governing body has adopted an ordinance describing standards and criteria. Also provides for limitation of sales to non -distilled alcoholic beverages. Referred to the CRA Colmittee.