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1978-05-17 Council Packet
Kenai City Council Meeting Packet May 17, 1978 n AGENDA r 0. NyW BUSINESS . Bills to be paid - bills to be ratified Jl. Ordinance 408-78, Authorising negotiation of eels of certain tax foreclosed lands ,S: Ordiganee 408-78. Adopting the Annual Budget for Fiscal Year 1978-1079 Ordinance 407-78, Establishing Capital Project Fund "Warm Storage Bldg. Winterization" �i. Ordinance 408-78, Increasing estimated revenues a appropriations in the amount of 431,080 for Title 11, Anti -recession Revenue Sharing Funds. 4-. -Ordinance 409-78, Revised schedule of rates for City Water a Sewer Systems Users X. Resolution 78-78, Transfers within the Capital Project "EDA Project No. 07-51-20074" Resolution 78-79, Repealing requirement of library card deposits s: Resolution 78-80, Repealing policy of billings for ambulance service Resolution 78-81, Transfers within the Capital Project "EDA Project No. 07-51-28998" 11. Re lion 78,-821, Accepting a gift of lend within the City of Kenai .1;2: Lease of City owned Lands - B&C Supply 1$. Discussion - Survey and Appraisal of Airport FOO Area 14 Payment Legal Firm for professional services rendered in Brian Peak vs. City Case T oecl. o- 7f; H. REPORTS I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT It, a KENAI CITY COUNCIL - RPOULAR MEETING MAY 17. 1978 - 7:00 P.M. } f+, KENAI PUBLIC SAFETY BUILDING ! ( 1 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. HEARINGS ✓ 1. Ordinance 40048. Establishing policies a procedures - lease of City Airport Lands 2. Ordinance 402-78, Appropriating 05.000 from Water/Sewer for engineering services relating to interim improvements to the Sewer Treatment Facility S. Ordinance 403-78, Chapter 5. Kenai Code. Advisory Planning a Zoning Commission 4. Ordinance 404-78. Increasing estimated revenues a appropriations in the amount of 04.430 for Title ti. And -Recession Revenue Sharing Funds - > i C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES 1. Minutes of the regular meeting of May 3, 1978 E. CORRESPONDENCE I. Performance Sales a Service - Termination of Lease of City owned lands 2. Mortgage Investors, Inc. - proposed formation of Assessment District S. Letters urging development of 40 acre parcel of land - Recreation Site F. OLD BUSINESS 1. Resolution 78-68, requesting release by FAA of certain Airport Lands 2. Lease of City owned lands -Craig From, Phillip Bryson, Alan CortheU a Frank wince S. Agreement with R. L. Roper - area adjacent to boat ramp 4. Aadticstlon of Project Managers of Alaska Contract for Project Inspection 0. NyW BUSINESS . Bills to be paid - bills to be ratified Jl. Ordinance 408-78, Authorising negotiation of eels of certain tax foreclosed lands ,S: Ordiganee 408-78. Adopting the Annual Budget for Fiscal Year 1978-1079 Ordinance 407-78, Establishing Capital Project Fund "Warm Storage Bldg. Winterization" �i. Ordinance 408-78, Increasing estimated revenues a appropriations in the amount of 431,080 for Title 11, Anti -recession Revenue Sharing Funds. 4-. -Ordinance 409-78, Revised schedule of rates for City Water a Sewer Systems Users X. Resolution 78-78, Transfers within the Capital Project "EDA Project No. 07-51-20074" Resolution 78-79, Repealing requirement of library card deposits s: Resolution 78-80, Repealing policy of billings for ambulance service Resolution 78-81, Transfers within the Capital Project "EDA Project No. 07-51-28998" 11. Re lion 78,-821, Accepting a gift of lend within the City of Kenai .1;2: Lease of City owned Lands - B&C Supply 1$. Discussion - Survey and Appraisal of Airport FOO Area 14 Payment Legal Firm for professional services rendered in Brian Peak vs. City Case T oecl. o- 7f; H. REPORTS I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT It, a F' r COUNCIL ME TING OF MAY 17. 1578 • Y �_ v J ' �i � � `raj i i �y ��` ; ,0 ,� � ,'y �,ti ;���•'� 1 � ,� 01REILLY t� • �% �� 1, l -/ �' CI ' L/ r q . WHELAN ✓ >. l% `ZJ G, y [� -z, 74 –y `q (� 2/ `,/ q AMER tit. ACKERLY ✓ �'r/ �� `� • ' �% �� ' 1 �/ a • f `Z AMSARIAN ✓ `' ` lj ` �% �/ .E/ `% ' J ML% �� s-// y� "l� ' �% ` ` `!c% (/ c2/ GLICK ✓ �� '`Z 1 r �, c !.� ;Z '2 ..`2 1 J ` i �, ! c� 1 MALSTON 2. ✓ I`! • WJ 09REILLY .2 1 — 4T Lq u ACKLERY t, c r� l' `/c2,' �% / t/ � - '-- ' _-AMBAAIAN ! t y ! z C c� L 1 q MALSTON V• q 7 2 0 •.r 1 1 f KENAI CITY COUNCIi. - SPECIAL MERTING MAY 31, 1978 - 7:00 P.M, NATIONAL, GUARD ARMORY MAYOR VINCENT O'I1111,i.Y Pillifiii)iNG PLEDGE OF ALLEGIANCE , f� I A. ROLL, CALL Present: Phillip Aber, Edward Ambarian, Betty Glick, lion Malston, Vincent O'Reilly, and Don Whelan Absent: Tom Aekerly B. PUBLIC HEARING B-1: Ordinance 400-78, adopting the Annual Budget FY 1978-1979 Mayor O'Reilly read Ordinance 406-78. "An ordinance of the Council of the City of Kenai adopting the Annual Budget for fiscal year commencing July It 1978 and ending June 30, 1979 and setting the tax levy for said fiscal year. WHEREAS, it is a requirement of the Code of the City of Kenai that the City Council not less than 10 days prior to the and of the fiscal year, adopt a budget for the following fiscal year and make an appropriation of the monies needed therefor; and WHEREAS, it is a requirement of law that the rate of levy for the property tax be set annually. Now, therefore, be it ordained as follows: Section 1: A tax in the amount of 14.14 mills is hereby levied against all taxable real and personal property in the City of Kenai for the fiscal year commencing on the lot day of July, 1978 and ending on the 30th day of June, 1979. Section 2: That certain document entitled "City of Kenai 1978-79 Annual Budget" which is attached hereto and incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1978 and ending June 30, 1979, Section M. The following sums of money are hereby appropriated for the operations corporate purposes and objects of the City of Kenai for the fiscal year commencing on the lot day of July, 1978 and ending the 30th day of June, 1979 to defray all expenses and liabilities of the City during the fiscal year to be expended con- sistent with and subject to the restrictions, procedures and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 2 hereof., General Fund - operating Budget - $2,470,489; Restricted Reserve/Capital Improvements - $362,800; Restricted Reserve/Contingency - $30,000; Airport Terminal Fund - $119,390: Water a Sewer Fund - $330,000; Airport Land System Fund - $165,3061 and Debt Service Fund - $849,602." MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of Ordinance 400-76, adopting the annual budget for fiscal year commencing July 1, 1978 and ending June 30, 1979 and setting the tax levy at 14.14 mills. Mayor O'Reilly opened the hearing to the public. r hull mu lull) illi, 11 111 III III II IIJiLI I II II II IId III 111111 1111111 I VIII II �_r .� Special Aleeting Page 2 May 31, 1078 Mr. Max Swearingen - submitted a memorandum to the Council from the i Kenai Recreation Council requesting Council consideration of a full-time recreation program for the City and the appointment of a full-time recreation director to supervise both the recreation programs and the maintenance and development of the City parks. Mr. Swearingen stated that the desires of the Recreation Council and the citizens of Kenai is indicative of a program that would aid in the coordination of activities and use of the City parks (Little League, etc.), coordinate with school officials for use of public school facilities, seek Federal/State funding, solicit donations of materials and labor, implement _± and direct seminars relative to all aspects of recreation -- the list to endless and the program would benefit young and old alike in the community. Mayor O'Reilly advised Mr. Swearingen that the City Administration had, at the request of a member of Council, prepared a resolution to expand the recreation service area to include Kenai, Soldotna, etc. Mr. Swearingen stated that Soldotna, for instance, have raised their recreation budget to $54,000 and most likely would not wish to participate nor would North Kenai. Mr. Swearingen further stated that the Recreation Council is asking for a total budget of $45,000, of which $27,000 is the State Revenue Sharing contribution. Mrs. Wanda Carlson - Mrs. Carlson supported a full-time recreation director as there is little to offer in the way of recreation for the youth of our community and a full-time program would alleviate some of the problems that now exist. Mrs. Irene Fandel - advised that as President of the KCHS Booster Club she too was in favor of a full-time recreation program and director as the schools in the area only provide the opportunity for a limited number of young people to participate in sports and a full-time recreation program within the i� E City would enable all who wished to do so to take part. Mr. Richard Morgan - stated that as a former member of Council, particularly during the time the Council raised the mill levy 4 years ago, Mr. Morgan reminded Council that the citizens had been promised that as soon as the City was financially solvent, the taxes would be lowered. Mr. Morgan stated that in adding more personnel, the City was returning to the same problem areas that it experienced prior to the financial problems incurred. Mr. Morgan stated he very much disagreed with maintaining the present tax structure at the expense of the citizens and in comparison with other cities in Alaska, Kenai to still among the highest. Mr. Morgan further commented that comparisons to cities outside Alaska were not realistic as though the tax structure was more comparable, the services offered far outnumbered what Kenai provided. Mr. Morgan urged the a Council to seriously consider the balance between the different departments in the City and what was told to the citizens when the tax levy was increased. Mr. Tom Waggoner - also in attendnace at the public hearing four years ago ' when the citizens were promised that the City would make every effort to decrease taxes upon financial stability. Mr. waggoner urged the Council to operate on a "maintenance budget". Also, Mr. Waggoner stated that he too I Em 11 Special Meeting - Page 3 May 31, 1978 supported a full-time recreation program as the best way to spend the City's money would be in providing recreation for the young* people as the youth of the community are our best assets. Mr. waggoner advised that the area In which he resides, Thompson Park, has only one park and it is a poor excuse for a park with only one piece of playground equipment and an abandoned junk vehicle. There was no further public comment. Councilwoman Glick, with Council concurrence, stated that there were many individuals who had not presented testimony and inquired if the public were in fact, satisfied with the level of service the City provided? Also, does the public feel the City should increase the police and fire personnel or would they prefer a decrease in taxes rather than increased personnel, etc.????? Mr. RogerMeeks stated that he had not come forth before as Dor. Morgan expressed . his feelings and again reiterated that four years ago the City had increased the mill rate, however, had promised the taxpayer that as soon as financially possible, the taxes would be cut. Mr. Jerry Carlson stated that he had been involved with youth in the community for several years and the groups themselves (Little League baseball, football, etc.) have had to maintain the fields themselves. Mr. Carlson ,-� requested Council consideration of a full-time recreation program and director. Mr. Lee Bergen - stated that he too fully concurred with statements of Dick Morgan and would urge the City to "hold the line" and give the tax break promised four years ago. Mr. Jim Hamilton commented that 9 the budget were to be cut, the City should look at what services would be hurt. Mr. Hamilton stated that in his opinion the police force is undermanned and the City should not wait until someone Is hurt or killed in the police or fire departments because of not enough personnel for back up, etc. Mr. Hamilton stated that he felt the City should use the surplus funds to build up the areas of service and provide equal service to all as everyone is taxed equally in the City. Mrs. Jo Ann Elson stated that she has resided in an area adjacent to the City limits since 1968 and this is the first year that her roads had been graded and oiled -- other than this, she receives no services except for snowplowing. Mrs. Elson stated that she enjoyed the small services she does receive, however, it additional services are to be provided, would request the Council consider the outlying areas to receive some additional service. Mrs. Elson stated that her one area of concern was police and fire protection in that if called upon would hope another emergency would not occur simultaneously because of the staffing problems. s "'---�s•�� �iii -n�sxw .,.........._.. - -- ---- — ----- Special Meeting -Page 4 May 31, 1978 Mrs. (irate Shook stated that she supported a full-time recreation program; however, if the City were to implement such a program,that it be on-going and not only for this year. Mrs. Lillian Nakkinen - stated that this was the third year that she was before Council requesting that the tax levy not be lowered as the cost of living has increased and so has the cost in operating the City. Additional services are direly needed and Mrs. Nakkinen requested that the additional funds be used to provide these much needed services. Mr. Ernie Knackstedt requested that the taxes be lowered as promised four years ago. Mr. Robert Borgen - Mr. Borgen advised that though he did not reside within the City he owned property as well as held two City Looses and, as a taxpayer in the City of Kenai would request Council inclusion of a City ' Engineer to aid contractors in inspection services, ate. Mr. Tom Waggoner - stated he also disagreed with the City oiling the roads as it has increased the cleaning of carpets. Mr. Waggoner inquired if the City had a permit from the DEC and was advised by Administration that it did. There was no further comment. Co t�helan stated that though it appears the budget has been decreased toot it due to the transfer of $215,000 which constitutes an additional two mills to: the budget. Councilman Whelan stated that he personally ' felt comfortable with the figures presented at the last work session. MOTION - AMENDMENT Councilman Malston moved, seconded by Councilwoman (click, to amend the motion for adoption to lower the mill rate by 2 mills, re -adjust the $81,927 out of revenues, and delete the proposed new positions as follows: 3 in Fire Department, 2 in Police and part-time employee in library for a total amount of $194,069. After considerable Council discussion, with consent of second, Councilman Malston withdrew his motion. MOTION: Councilman Malston moved, seconded by Councilwoman (click, to amend the motion for adoption to lower the mill rate to 13.25, delete one proposed police position, delete 1-1/2 proposed fire positions and the part-time library position for a total of $93,204. [a t t _ . Special Meeting - Page 5 May 31, 1973 Councilman Ambarian stated that he felt the 14.14 mill levy was a good compromise and with the proposed mill levy set as such, the City could provide additional services. Councilman Ambarian stated he objected strongly to any of the proposed cuts in new positions, expeeially the part time librarian as the library is one City service that is utilized by many - the Council must remember that the population over the past four years has increased tremendously and the City must now provide many additional services as well as cover areas across the river. Councilman Ambarian further commented that during the entire work sessions on the budget, there was no public comment. Councilman Ambarian also pointed out that the Council had made many strides in such areas as eliminating ambulance billings & library card deposits, additional staffing in the Animal Control facility, and so forth. Councilman Ambarian further stated that he was aware of the areas of required service which the City is not providing, however, the Water/Sewer System is self supporting from the users themselves. Councilman Ambarian stated that he felt, therefore, the budget as proposed (without the amendments) as 14.14 mills would be fair and equitable and would vote against the amendments. Councilman Whelan stated that with the budget itself and with the amendments the Council was still leaving in five new positions. Councilman Whelan further commented that the City will be building up the reserves for the next year and the $215,000 transfer from general fund will not decrease but will increase service -- the Council must come to a compromise. Councilwoman (click concurred that the City will be increasing services, however, should build up in steps -- the Council has given the Police added compensation and added additional personnel in the City. Councilwoman Glick further stated that at the same time the Council has deleted ambulance billings and library card deposits but at the same time an ordinance is up for ft hearing at the next regular meeting increasing the water/sewer rates. Couficilwoman Glick stated she too felt the Council must compromise and not give "everything in one year and cut back the next". MOTION: Councilman Ambarian moved to amend the amendment to add the part-time librarian position and one-half fireman position and adjust the mill rate accordingly -- 13.49. Motion died for lack of second. Councilman Whelan commented that with the 13.25 mills, the librararian position may be covered as the decrease left an excess in the amount of $10,503 -- Finance Director Kinney concurred. MOTION - AMENDMENT Councilman Whelan moved, seconded by Councilman Malston, to amend the amendment to add the part-time library position to the budget. Mayor O'Reilly requested that Vice Mayor Whelan assume the chair. i i i i. i i i � t i� t 1 i i i i i Special Meeting - Page 6 May 31, 1978 Mayor O'Reilly stated his method of evaluating was tentntively arrived at 14.14 mills. Mayor O'Reilly advised that the additional requests for personnel were justified by the individual department heads. Mayor O'Reilly advised that he evaluated the proposed budget and increases in personnel as to whether or not they were necessary, desirable services (recreation, building inspection, better governmental facilities), and, affordable. Mayor O'Reilly advised that as the City is not bondable, revenue sharing funds are having to be used to off -set the mill rate. Mayor O'Reilly stated that business is continuing to move into the City, construction of residences and multi -family dwellings continue to come into the City. Mayor O'Reilly advised that the major area of complaints he receives is not the high taxes but the lack of service -- the major source of discontent is the disparity between the Borough and the City's taxes as some 6-8 million dollars that comes out of the Borough goes directly to Juneau and not to the cities. The Council has worked diligently to come up with some type of reduction and have done so with a 6% decrease in mill rate. It also appears that some tax relief will be coming from the Borough level and Mayor O'Reilly stated that he would, therefore, vote against the proposed amendments and would recommend that Council stay with the proposed budget of 14.14 mills as presented tonight and adopt Ordinance 406-78 accordingly. Mayor O'Reilly adsumed the chair. Councilman Aber stated that he too would not support the amendments and commented in working with the City previously and receiving many complaints, it appeared that the majority of taxpayers in the City would prefer better maintenance, better service and far less complaints about high taxes would be received if the City would provide the better services. Councilwoman Glick stated that the public comm ring the hearing were indicative of the citizen's desires and Council= noot ignore these requests. Councilwoman Glick stated that she would agree that most of the -66m ints received were Public Works related, however, the Counci did of m ost of ' the requests of the Public Works Director for additional p onne . Councilwoman Glick stated that comments relative to relief from the Borough on taxes have no bearing on the City's budget and proposed mill rate. Councilwa��Stuv� that she felt the City of Kenai had a fine Police Department but t e wo twdP:4 ✓• i additional police officers would not increase the level of service. Also, regarding the fire department, Councilwoman Glick stated she had inquired about the volunteer program but had not yet received an answer to her questions. Volunteer programs which would aid in staffing the departments, appear to be in a situation wherein if volunteers are not to be paid, they don't wish to continue in the programs. Councilwoman Glick stated that she felt the taxpayers realize Council is trying to make adjustments but these adjustments must be done "one step at a time". i r I Special Meeting - Page 7 May 31, 1978 Councilman Aber stated that he. agreed thnt everything the City wanted to do can- not be done at once, however, the City is losing ground in some areas such as replacement of equipment. Councilman Aber stated that he felt the citizens would have less complaints about taxes if they were receiving more for their money. Councilman Aber stated that the Council must look ahead and plan for the future and would recommend not reducing the mill rate and placing the monies in a special fund for specific utilization. Councilman Whelan reiterated his points that the budget has been increased even with a 13.25 mill rate proposal. QUESTION - AMENDMENT TO AMENDMENT (Part-time Librarian Position) Passed by roll call vote with Councilmembers Aber and O'Reilly voting no. QUESTION - AMENDMENT AS AMENDED Failed by roll call tie vote. Voting yes; (click, Malston and Whelan. Voting no; Aber, Ambarian and O'Reilly. QUESTION - MAIN (Adoption of Ordinance 406-78) Failed by roll call tie vote. Voting yes; Aber, Ambarian and O'Reilly. Voting no; Glick, Malston and Whelan. MOTION: Councilman Ambarian moved, seconded by Councilman Aber, for adoption of Ordinance 408-78 and by deleting one position in the Dire Department and lowering the mill rate to 13.8 mills. Motion failed by roll call tie vote. Voting yes; Aber, Ambarian and O'Reilly. Voting no; Glick, Malston and Whelan. MOTION: Councilwoman (click moved, seconded by Councilman Malston, to table the annual budget as the Council appears to be in a stalemate position, and call for a Special Public Hearing on June 14, 1978 in order to present the mill rate for the City of Kenai to the Peninsula Borough Assembly by June 15th. Motion to table failed by roll call tie vote. Voting yes; Glick, Malston and Whelan. Voting no; Aber, Ambarian and O'Reilly. Council inquired if the matter were recessed until June 14th, would the City be within the legal boundaries to submit their mill rate to the Borough? Assembly President Jo Ann Elson was present in the audience and advised that the City had until June 15th to submit the mill rate to the Borough. • J I" - •Specinl Meeting - Page R j May 31, 1978 l - MOTION: Councilwoman Glick moved, seconded by Councilmen Nialston, to recess t Special Meeting concerning the proposed annual budget of the City of Ke for the fiscal year 1978-79 and setting the tax levy, until Wednesday, Jt 5:00 p.m. in the National Guard Armory. Motion to recess passed by roll call vote. Voting yes; Glick, Malston, O'Reilly and Whelan. Voting no; Aber and Ambarian. The Special Meeting of the Kenai City Council recessed at 10:00 p.m. Respectfully submitted, Sue C. Peter, City Clerk _.. ... . .._ i U A0IVNDA KENAI CITY COUNCIL - RVOULAR RIFFTING MAY 17, 1778 - 7:00 PAI. KENAI PUBLIC .SAFFTY BUILDING PLEDGE OF ALLEGIANCE. A. ROLL CALL AGENDA APPROVAL B. HEARINGS 1. Ordinance 400-78, Establishing policies s procedures - Lease of City Airpsirt L;fnfls 2. Ordinance 402-78, Appropriating $5.000 from Water/Sewer for Engineering, Services relating to interim improvements to the Newer Treatment Facility 3. Ordinance 403-78. Chapter 5, Kenai Code, Advisory Planning & 7.0ning !'w7rb Rion 4. Ordinance 404-78. Increasing estimated revenues 4 appropriations in the ;•,7.iunt of $4.430 for Title It, Anti -Recession Revenue Sharing Funds C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES 1. Minutes of the regular meeting of May 3. 1878 E. CORRESPONDENCE 1. Performance Sales 0 Service - Termination of Lease of City owned lands 2. Mortgage investors. inc. - Proposed formation of Assessment nistriet 3. Letters urging development of 40 acre parcel of lend - Recreation Site F. OLD BUSINESS 1. Resolution 78-58, requesting release by FAA of certain Airport lands 2. Lease of City owned lands - Craig Freas, Phillip Bryson, Alan Corthell i Frank tVinee S. Agreement with R. L. Roper - area adjacent to boat ramp 4. Ratification of Project Managers of Alaska contract for project inspection 0. NEW BUSINESS 1. Bills to be paid - bills to be ratif!ed 2. Ordinance 408-75, Authorizing negbtletion of sale of certain tax foreclosed lands 3. Ordinance 408-78. Adopting the Annual Budget for Fiscal Year 1978-1970 4. Ordinanco 407-78. Establishing Capital Project Fund "Warm Storage Bldg. Winterization" 5. Ordinance 408-78, Increasing estimated revenues s appropriations in the amount of $31,000 for Title It, Anti -recession Revenue Sharing Funds 8. Ordinance 400-78, Revised schedule of rates for City Water a Sewer Systems Users I. Resolution 78-78, Transfers within the Capitol Project "EDA Project 07-81-20074" 5. Resolution 78-79, Repeating requirement of library card deposits 9. Resolution 7$-80, Repealing policy of billings for aihbulance service 10. Resolution 78-81, Transfers within the Capital Project "RDA Project 07-51-20098" U. Resolution 78.82, Accepting a gift of land within the City of Kenai 12. Lase of City owned lands - B&C Supply 13. Discussion - Survey and Appraisal Of Airport FRO Area 14. Payment to Legal Firm for professional services rendered in Brien Peck vs, City case 15. Ordinance 410-78, Establishing Capital Project Fund "Airport Runway Paving Project 79-2" and declaring an emergency H. REPORTS 1. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clark's Report 5. Finance Direator's Report 8. Planning a Zoning Commission's Report 7. Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT t r , - KENAI CITY COUNCIL - REGULAR MEETING MAY 17, 1978 - 7:00 P.bi. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING -'• PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Dan Whelan, Phillip Aber, Tom Ackerly, V Betty Glick and Ron Alalston Absent: None AGENDA APPROVAL Council approved the addition of Ordinance 410-78, establishing a Capita; Fund Entitled "Airport Runway Paving Project No. 78-2, and declaring a MOTION: Councilman Whelan moved, seconded by Councilman Malston, that if all t has not been completed by 12 midnight, the Kenai City Council will recee meeting until 5 p.m., Thursday evening. Motion passed unanimously by roll call vote with Councilman Ackerly nol voting. HEARINGS B-1: Ordinance 400-78, establishing policies a procedures - lease of Airpor Mayor O'Reilly read Ordinance 400-78 by title only as copies were ava: public. "Establishing policies and procedures relative to the lease of lands." Mayor O'Reilly opened the hearing to the public. There was no comm MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adol Ordinance 400-78, establishing policies and procedures for lease of Al Councilman Amberian inquired as to the language contained in the ordinance relative to percentage of payment to the real estate sales broker as the area of concern was the fact that assessments should not be included as part of the percentage of payment. Councilman Whelan questioned 080(3) in that the Council would be putting a "cap" on the revenue to the Airport. Councilman Ambarian agreed and stated that the FAA may object and also Councilman Ambarian stated that the Council should not be setting policy for future Councils -- Councilman Ambarian suggested that "up to 1/10th of 1$" be deleted. FJ 1 I F— _ (t May 17, 1978 - Page 2 MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, that 21.05.080(3) be amended by deleting "up to 1/10th of 11," from the last sentence. Motion passed unanimously by roll call vote. MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, that 21.05.080(1) be amended by adding ".....each year for the first five years, excluding assessments..." Motion passed unanimously by roll call vote. Councilman Ambarian suggested that the ordinance, as amended, be tabled until such time that the Federal Aviation Administration has had the opportunity to review it. Councilman Whelan stated he would like to see the ordinance passed and further commented that the FAA would most likely make "general housekeeping" amendments. Councilman Ackerly agreed that the ordinance should be presented to the FAA in adopted and final form. Councilman Ambarian stated that the City has made great strides in its relations with the FAA and felt the City would make a better impression by taking the FAA's comments into consideration prior to final adoption. MOTION - TABLE Councilman Ambarian moved, seconded by Councilman Aber, that Ordinance 400-78 be tabled to allow City Administration and Federal Aviation Administration officials adequate time to review the document and return to the Council with FAA comments. Motion passed by roll call vote with Councilmembers Ackerly and Malston voting no. B-2: Ordinance 402-78, Appropriations from Water/Sewer for engineering at STP Mayor O'Reilly read Ordinance 402-78 by title only. "An ordinance of the Council of the City of Kenai appropriating $5,000 from Water and Sewer Revenue Fund, Reserve for future plant expansion for engineering services, relating to interim improvements to the Sewer Treatment Plant Facility." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of `- Ordinance 402-78, appropriating $5,000 from Water/Sewer for engineering on interim improvements for the Sewer Treatment Plant. Motion passed unanimously by roll call vote. B-3: Ordinance 403-78, Chapter 5, Kenai Code, Advisory Planning & Zoning Commission Mayor O'Reilly read Ordinance 403-78 by title only. "An ordinance of the Council `+ of the City of Kenai repealing Article I, Planning Commission, and reenacting and renumbering in its entirety Chapter 5, Advisory Planning & Zoning Commission, Title XIV of the Code of the City of Kenai, Alaska". a May 17, 1978. Nage 3 Mayor O'Reilly opened the hearing to the public. There was no comment. n j MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for adoption of Ordinance 403-78, Kenai Advisory Planning & Zoning Commission. Motion passed unanimously by roll call vote. B-4: Ordinance 404-78. Anti -recession Revenue Sharing Funds Mayor O'Reilly read Ordinance 404-78 by title only. "Increasing estimated revenues and appropriations in the amount of $4.430 for Title II. Anti -recession Revenue f Sharing Funds." Mayor O'Reilly opened'the hearing to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Ordinance 404-78, Anti -recession Revenue Sharing Funds in the amount of $4,430. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD None D. MINUTES D -l: Minutes of the regular meeting of May 3, 1978 Councilwoman Glick requested that the following corrections be made to the minutes: Page 3 - delete "for Public Hearing" in the last sentence on the page and add on page 6 under comment by the City Manager in which the CM "inquired of Mr. Lehman H based on the flow would the City not be 'eligible for waiver for Primary treatment?..." 7. Minutes were approved as amended. '= E. CORRESPONDENCE i — E -l: Eerformanee Sales & Service - Termination of Lease of City owned lands -- Mayor O'Reilly acknowledged receipt of letter from Joseph M. Ross in which Mr. Ross requests immediate termination of lease of Lot 2, Block 3, CIIAP in i that he was informed after approval of lease that two now businesses, which are in direct competition, were also granted leases from the City. - MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that Council grant Mr. Ross' request for immediate termination of lease of Lot 3, Block 2, CHAP. 5 t #i r r 1 May 17, 1978, Page 4 Motion passed unanimously by roll call vote. `110TION: Councilman Ambarian moved, seconded by Councilman Malston. that Mr. Ross, d/b/a Performance Sales & Service, be assessed 10% of the annual lease rate for costs incurred by City Administration in preparing the lease. Councilman Aber stated that such a policy should be established by the City and incorporated as part of the leasing policy but should not be enforced at this period of time. Councilmembers Whelan and Ackerly agreed. QUESTION: Motion passed by roll call vote with Councilman Whelan voting no and Councilman Aber abstaining due to business dealings with Mr. Ross. E-2: Mortgage Investors, Inc. - proposed formation of Assessment District Mayor O'Reilly read correspondence received from Mortgage Investors, Inc. (Mr. Kenneth Padgett) requesting that the City of Kenai consider Addition 1 and 2, Nlommsen Subdivision for an assessment district. Council directed Administration to advise Mortgage Investors to contact the other property owners to determine the interest of forming and financing such an assessment district and, further, obtain cost estimates on the proposed construction. -8: Letters urain¢ development of 40 acre parcel of land - Recreation Site Mayor O'Reilly advised that a letter had been prepared and signed by approximately 20 interested persons urging the Council to proceed with development of the area adjacent to the Oilers Park. Mayor O'Reilly stated that these letters would be forwarded on to the Planning Commission to be entered into the record at their public hearing on the subject matter to be held Wednesday, May 24, 197 8. F. OLD BUSINESS F -l: .Resolution 78-56. reauestine, release of certain Airport Lands Mayor O'Reilly read Resolution 78-56 by title only. "requesting the release by the FAA of certain Airport lands." MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, to bring the matter of Resolution 78-56 back from the table. Motion passed unaimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, for adoption of Resolution 78-56, requesting the release of certain Airport lands by the FAA. V- -- __ -. L May'17, 1978, Page 5 Mr. {Vise presented a proposed development plan for the area in question and advised that the Planning Commission had reviewed the plan and recommended approval by r Council. Mr. Wise further stated that the proposed development plan called for commercial highway frontage development and area adjacent to the bluff to be considered for high density residential living (townhouses, etc.). Mr. Wise stated that the plan would be submitted to the FAA along with the resolution if passed by Council. QUESTION: Motion passed unanimously by roll call vote. F-2: Lease of City owned lands - Freas, Bryson, Corthell & Wince MOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for approval of lease of Lot 4, Block 2, Fidalgo Subdivision, to Frank Mince, Alan Corthell, George Freas and Phillip Bryson at an annual rental of $674.49 for a period of 99 years. MOTION - AMENTMENT Councilman Ackerly moved, seconded by Councilman Whelan, that the lease document be amended to include that lessee will provide their own access to the leased property described above. Motion passed unanimously by roll call vote. UESTION - MAIN, AS AMENDED Passed unanimously by roll call vote. F-3: Agreement with R. L. Roper - area adjacent to boat ramp City Manager Wise advised Council that Mr. Roper must show ownership of the area in question in order that he may proceed with required applications and permits. Mr. Wise further advised that Mr. Roper is willing to pay $250/acre for Plat B and $100/acre for Plat C and would like the term of the lease for one year with option to buy. Councilman Whelan stated he would favor a lease with option at this time. City Attorney Sehlereth advised that he would have to review the City ordinances relative to the sale of the property in question. Mr. Schlereth also stated that Mr. Roper had advised that time was of the essence in order to obtain the necessary permits to proceed with construction. Councilman Alalston stated he would like to see the City aid Mr. Roper in any way necessary in order for him to file for the ` permits and proceed with improvements as soon as possible. -- -- : MOTION: Councilman Whelan moved, seconded by Councilman Malston, that the City of Kenai enter into a concept lease agreement with R. L. Roper for lease of area adjacent to the boat ramp at a rate of $250/acre for Plat B and $100/acre for Plat C and such parcel -; of land to be re-evaluated on or about the first of October based on the current appraised value and that the lease rate would then be adjusted to t 6% of the appraised value for a term of 55 years and further that the City Attorney explore the possibility of the sale of the subject parcel of land to Mr. Roper at a future date. r May 17, 1978, Page 6 Councilman Ambarlan stated that lie felt the action of Council should be such that -� Mr. Roper be given temporary permission in order to obtain the necessary permits and in addition the development plan be submitted to the Planning Commission and Council for review and approval prior to the final approval of a long -tel -m lease. QUESTION: Motion passed unanimously by roll call vote with Councilman Aber abstaining due to personal business involvement with Mr. Roper on the subject project. F-4:-Wificatlai of Proiect Managers Contract for project inspection MOTION: Councilman Whelan moved, seconded by Councilman Aekerly, for approval of Project Coordination and inspection Services Contract between the City of Kenai and Project Managers Alaska, Inc. for projects as outlined in subject contract for a total fee of $49,000. City Attorney Schlereth advised Council that the contract had been prepared in a very limited amount of time and as the contract has not yet been signed by Project Managers, there may be minor amendments to the document. Councilmembers Glick and Whelan stated that they would like to see a time limit placed on the execution of the contract document and the Council given the opportunity to review any changes prior to final approval. -40TION: Councilman Whelan moved, seconded by Councilwoman Glick, to move item F-4 to the end of the agenda. Motion passed unanimously by roll call vote with Councilman Aber abstaining because of business conflict. 0. NEW BUSINESS 0-1: Bills to be paid - bills to be ratified MOTION: Councilman Aekerly moved, seconded by Councilman Whelan, for approval of bilis to be paid and bills to be ratified as submitted with Project Managers Alaska, Inc. billing to be approved upon ratification of contract. ---- Motion passed unanimously by roll call vote with Councilman Aber abstaining on Project Managers of Alaska bill. 0-2: Ordinance 405-78, Authorizing negotletiop of sale of certain tax forQ da Mayor O'Reilly read Ordinance 405-78, by title only. "Authorizing the City Manager to negotiate for the sale of certain tax foreclosed lands to Philip W. Bryson and G. Craig Freas and approving the terms and price thereof." H 4 I f k May. 17, 197$ Page 7 . 11 II III .•. I.I.. Mr. Wise advised that on June 15, 1977 the following parcels of land were offered -1 for sale, however, no offers were submitted for purchase: Lot 5, Block 3, Fast Addition, Kenai Townsite and East one-half of Government Lot 36, S31, T6N , Rl1W , SAI. The sale price for parcel #1 is $2, 000 and the sale price for parcel #2 is $6, 000. Mr. Wise advised that the purchase price will satisfy all assessments and tax obligations levied against the properties and the City will provide a tax foreclosure quitclaim deed upon payment in full. MOTION: Councilman Ackelry moved, seconded by Councilman Whelan, for introduction of Ordinance 405-78, authorizing negotiation of sale of certain tax foreclosed lands. Motion passed unanimously by roll call vote G-3: Ordinance 406-78. Adopting the Annual Budget for Fiscal Year 1978-79 Mayor O'Reilly read Ordinance 406-78 by title only. "adopting the Annual Budget for Fiscal Year commencing July 1, 1978 and ending June 30, 1979 and setting the tax levy for said fiscal year." Mayor O'Reilly advised that the amounts and mill rate would be inserted into the ordinance prior to the hearing on Wednesday, March 31st. MOTION: Councilman Ackerly moved, seconded by Councilman Malston, for introduction of Ordinance 400-78, adopting the annual budget for fiscal year 1978-1979. Motion passed unanimously by roll call vote. 0-4: Ordinance 407-78. Establishine Cavital Prosect Fund "Warm Storage B1de•. Winterization" Mayor O'Reilly read Ordinance 407-78 by title only. "Establishing a Capital Projects fund entitled Warm Storage Building Winterization." City Manager Wise advised that EDA had tendered a grant offer in the amount of $26,400 (00% of total cost of project) to winterize the Airport Warm Storage Building. _.. - MOTION. Councilman Ackerly moved, seconded by Councilwoman Glick, for introduction of Ordinance 407-78, establishing a capital project fund entitled "Warm Storage Building --- - Winterization". Motion passed unanimously by roll call vote. May 17, 1978, Page 8 City Manager ~Vise inquired if Council would consider a contract with Mike Tauriainen, consulting engineer, for the project at a cost of $3,000. Finance Director Ross Kinney reminded Council that the contract and expenditure of monies would not be proper until passage of the ordinance, therefore, the matter of contract with Air. Taurialnen will be held until the next regular meeting of Council. i 0-5: Ordinance 408-78. Anti -recession revenue sharing funds in the amount of $31,060 Mayor O'Reilly read Ordinance 408-78 by title only. "Increasing estimated revenues and appropriations in the amount of $41,060 for Title It, Anti -recession Revenue Sharing; Funds' MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick, for introduction of Ordinance 408-78, increasing estimated revenues and appropriations in the amount of $31,060 for Title II, Anti -recession Revenue Sharing Funds. Motion passed unanimously by roll call vote. G-6: Ordinance 409-78. Revised schedule of rates for Water & Sewer Users Mayor O'Reilly read Ordinance 409-78 by title only. "Repealing Section 17-78 of the Kenai Codo, 1983, and enacting a revised schedule of rates for users connected to City Water and Sewer Systems; and repealing Article 1, Electric Service, Chapter 17 of the Kenai Code." Councilman Aber suggested that Council schedule a work session on the proposed ordinance as there are several inequities in the schedule from which the City is going to suffer. QUESTION: Motion passed unanimously by roll call vote. 0-7: Resolution 78-78. transfers within the Capital Proiect "EDA Proicet 07-51-20074" Mayor O'Reilly read Resolution 78-78 by title only. "Be it resolved by the Council of the City of Kenai that the following transfers be made within the Capital Project entitled "EDA Project 07-51-20074", Dire Reservoir, From: Construction ($60,900) and Contingency ($10,000) To: Architectural & Engineering Basic Fees - $42,000; Architectural & Engineering/Other - $4,000; and Project Inspection - $24,900." 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 78-78, transfers within the Capital Project fund "EDA Project 07-51-20074" in the amount of $70,900. Motion passed unanimously by roll call vote. k' May'17, 1978, Page 9 11§11 A I•. -- -a:'- G-8: Resolution 78-79. Renealing reauirement of library card deposit. _ Mayor O'Reilly read Resolution 78-79 by title only. "A resolution repealing Item #t3, Library Card Deposits, of Resolution No. 75-29" Mayor O'Reilly opened the meeting to the public. There was no comment. City Manager Wise advised that the deposits presently on the records will be refunded. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for adoption of Resolution 78-79, repealing item 0, Library Card Deposits, of Resolution No. 75-29. Motion passed unanimously by roll call vote. 0-9: Resolution 78-80, Repealina Poliev of billings for ambulance service Mayor O'Reilly read Resolution 78-80 by title only. "A resolution repealing the policy of billings for ambulance service." 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 78-60, repealing the policy of billings for ambulance service. Motion pased unanimously by roll call vote. 0-10: Resolution 78-81 transterst Eithin Me Qpital Project "EDA Proiect 07-51-26998" Mayor O'Reilly read Resolution 78-81, by title only. "Be it resolved by the Council of the City of Kenai that the following transfers be made within the Capital Project entitled "EDA Project 07-51-26998", street projects, From: Construction - ($9,123) and Contingency ($3,077) To. Administrative Expense - $1,000; Architectural/Engineering Basic Fee - $6,500 and Project Inspection - $4,700." j Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: ` Councilwoman Glick moved, seconded by Councilman Ambartan, for adoption of Resolution 78-81, transferring monies within the Capital Project EUA #07-51-28998. Motion passed unanimously by roll call vote. 0-11: Resolution 78-82, Accepting a gift of land within the City of Kenai Mayor O'Reilly read Resolution 78-82 by title only. "Accepting a gift of land more particularly described as Lot 2, Block 20, Townsite of Kenai, for reasons that the subject property constitutes eroded bluff property and presents more of a liability than an asset to the owner." 4 V f .0 May 17, 1978, Page 10 Mayor O'Reilly opened the meeting to the public. There twits no comment. —MOTION: Councilwoman (click moved, seconded by Councilman Ambarinn, for adoption of Resolution 78-82, accepting a gift of land within the City of Kenai. Motion passed unanimously by roll call vote. 0-12: Lease of Citv owned lands - B&C Supply MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for approval of lease of City owned lands to B&C Supply Corporation, Lot 7, Block 1, Second Addition, Etolin 9/1 for a term of 55 years at an annual rental of $1, 996.65 . Councilman Ambarian commented that the buildings along Willow should be set back farther than the required set back policy presently in existence so that all buildings conform with one another. IOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, to propose amendment of the development plan to see if the set -back could be increased so that the building would conform with other buildings on Willow Street and, in addition, City Administration disci parking with the developer and such parking area to be shown on the development plan. Councilman Malston stated that as the City has not required this of the other lessees, thoi It is a viable request, and it would appear that the lessee would not have to conform to tb request as the set -back requirement of the City differs -from that being proposed. ►,UESTION - AMENDMENT Passed by roll call vote with Councilman Malston voting no. IA1N, AS AMENDED Passed unanimously by roll call vote. r 0-13: Discussion - Survev and Appraisal of Airport PBO area City Manager Wise advised that the proposals submitted were contained in the packets =r and requested Council approval. MOTION: -- - Councilman Whelan moved, seconded by Councilman Ackerly to authorize McLane and - - Associates to proceed with the subject surveying at a fee not to exceed $3,000. Motion passed unanimously by roll call vote. } a t F ' May 17, 1878, Page 11 s -",MOTION.- Councilman Whelan moved, seconded by Councilman Ackerly, for authorization for Frykholm Real Estate Appraisal, to proceed with the subject appraisal at a fee of $300 for the first lot in the group and $25 for each additionnl lot. Motion passed unanimously by roil call vote. G -14s Pavment to Legal Firm - Brian Peck vs. City case MOTION: Councilman Ackerly moved, seconded by Councilman Ambarian, for approval of payment to Atkinson, Conway, Young, Hell & Gagnon, Inc, in the amount of $1,578.74 relative to the Brian Peek, ct at vs. City of Kenai case. Motion passed unanimously by roil call vote. 0-15s Ordinance 410-78. Capital Prosect Fund entitled "Airport Runwav Pavinix Prof ect 78-2" Mayor O'Reilly read Ordinance 410-78 by title only. "Establishing a Capital Project Fund entitled "Airport Runway Paving Project No. 78-2" and declaring an emergency. C Mr. Wise requested that the ordinance be amended under Section 3 to reflect that the funds are ADAP not Federal Revenue Sharing funds. MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, for introduction of Ordinance 410-78, Capital Project Fund entitled "Airport Runway Paving Project 78-2" t and declaring an emergency. Motion passed unanimously by roll call vote. k = MOTION: Councilman Ackerly moved, seconded by Councilman Whelan, for adoption of - Ordinance 410-78, Capital Project Fund entitled "Airport Runway Paving Project 78-2" and declaring an emergency. Mayor O'Reilly opened the hearing to the public. There was no public input. City Manager Wise reported that the ordinance provided for $2, 300 for engineering services for the above named project. — _ OUESTION.. Motion passed unanimously by roll call vote. H. REPORTS in -Is City Manager's Report (a) Mr. Wise advised that a telephone poll was conducted to obtain an architect for work on the arctic doors for the Airport Terminal and would, therefore, request approval of E k f J � 3 1 - � !1 t 0 0 I May 17, 1076, Page 12 payment of the architect's fee for the subject work. '-':ZUTION: Councilman Ackerly moved, seconded by Councilman Whelnn, for approval of payment in the amount of $300 to Carmen Cintoli for architectural services provided for the arctic doors and air look foyer, Airport Terminal Building. Motion passed unanimously by roll call veto. (b) TOPO Proposals - Dir. Wise reported that the proposals, as expected, did not come in with anything firm -- Mr. Wise stated that he would hold a meeting to revise the specs to provide for a viable proposal. (e) YACC - Mr. Wise advised that the Youth Corps was working within the City picking up trash, etc, and sweeping sidewalks. Mr. Wise further reported that the YACC would be working in Old Kenai Townsite to clear away trash from private property on which the City is continuously receiving complaints. (d) Mr. Wise presented Council with copies of the Public Works Director's Report. COUNCIL - QUESTIONS a COMMENTS Councilman Malston stated that at the last meeting Council requested a report on the water problem (Sheffield House, etc. ) from Administration and asked for status of same. Mr. Wise reported that City crews discovered a valve had been closed off in one of the 8" branch lines in the downtown area. The valve has now been opened which should alleviate some of the pressure flows through the Mall and the Sheffield I!ouse. The Sheffield House has reported that their water is clearer but they are picking up more sand in the water -- the City will again flush the lines and, hopefully, the debris in the lines will be broken up by the water pressure. Councilman Malston stated that he had seen a copy of National Bank of Alaska's bill for costs incurred in repairs from the water problem. Mr. Wise advised that the Bank had not contacted City Ball with the problems they were incurring, however, he would write a letter immediately advising of the current status of the water situation. TOPO Study - Councilwoman thick advised that both Jerry Anderson and Sam Best had indicated that they would be available and agreeable to meet with City Administration and negotiate for the study. H-2: City Attorney's Report (a) City Attorney Schlereth requested Council authorization to proceed with discussions with Kenai Baptist Temple's attorney relative to settlement of the case for $1,500. Councilwoman Glick reported that in discussions with the City Attorney and in Council action last fall in which a $1,500 settlement was agreed upon by the City, it would appear the City should proceed along these lines and accompany such settlement offer with a statement that the City's zoning ordinance is legal and enforcable, etc. N May 17, 1978, Page 13 Councilman Ambarian stated that the. $1,500 was decided upon IKst fall, however, additional legal work has been involved in the case and would be in opposition to the settlement offer of $1, 500. MOTION: Councilman Whelan moved, seconded by Councilman Malston, that the City Attorney be instructed to offer a settlement in the amount of $1,500 to Kenai Aaptiat Temple and such settlement offer to contain wording that the zoning laws and ordinances of the City of Kenai have been protected and enforced. Councilwoman Glick stated that she really believed that KBT was in violation and would like to proceed for the maximum penalty but at the same time the City must take into L consideration that it would be doubtful that any Court would levy the maximum penalty j against a church. Therefore, Councilwoman Glick stated she would vote in favor of the settlement offer. Councilman Ambarian stated that KRT has lost every action in Court } regarding this matter and reported that he still felt $1,500 was too low. QUESTION: Motion passed by roll call vote with Councilman Ambarian voting no. (b) City Attorney Schlereth inquired if Council wished an ordinance prepared that would restrict mobilo food service operations or allow operation for certain periods of time during the day? Councilman Malston stated he would not wish to restrict them from operating but would wish to see that requirements of tax collection, health standards, etc, be complied With at all times. Councilman Ackelry stated that he agreed as did Councilman Whelan who requested that such operations should be on a permit -type basis which would also onforce compliance with tax, health standard requirements, etc. Councilman Ambarien stated that the ordinance should also require that adequate parking is provided plus the ordinance could encompass merchants selling items other than food- stuffs. Councilman Ackorly inquired as to the type of enforcement and was advised by City Attorney Sohlereth that he would suggest a civil penalty rather than through the Courts. (e) Brian Peck vs. City of Kenai - City Attorney Schlereth advised that Stir. Peck's attorney . .. had filed interrogatories which the City will have to answer within the next 20 days. (d) i Serendipity Lease - Councilman Ambarian suggested that Council hold a work session on the lease document as soon as possible. Newspaper stands within Airport Terminal - Mr. Schlereth advised Council that the Bear's Lair lease has exclusive rights for the sale of printed materials. Councilman Ackerly stated that he did not feel it was the Council's intent to grant exclusive rights of this nature. r H-3: Mayor's Report Mayor O'Reilly advised after all that has transpired eneerning ALPSTCO and Representative Malone, he would not be sending the letter that was in draft form and contained in the Council packets. r L... , -. - �.._ _ ._-.....9( .- .-. - i • •moi a� .r•� - May 17. 1978, Pnge lA H-4: City Clerk's Report None H-5: Finance Director's Report fNone 'f `. H-8: Planning 4 Zoning Commission's Report None H-7: Borough Assembly's Report Mayor O'Reilly advised that the Assembly passed the School Budget and appropriated money to start the architectural effort for the proposed KCHS auditorium. Mayor O'Reilly further advised that he submitted the request of the Council on Alcoholism for contribution to their group and such request was not commented on at this time. Mayor O'Reilly also requested Council input relative to the advertising of both issues concerning school bond issues. Couneilmembers Ackorly and Ambarlan agreed that they felt the issues should be advertised but did agree that it should not be done through the school children. Councilman Whelan stated that he would agree to a certain extent, however, commented that it should not be an "all out campaign" at the public's expense. MAYOR a COUNCIL - COMMENTS Councilman Ackerly stated that relative to his proposed lease of City owned property, because of difficulties with blueprints, etc. they have had to rebid the project and will not have the results in until next week -- would request consideration of lease be post- poned until the next regular meeting of Council. MOTION: �. Councilwoman Glick moved, seconded by Councilman Malston, to grant the conceptual lease for Tom Ackerly and Patrick O'Connell a one (1) month extontion from May 15th to June 15th. Motion passed unanimously by roll call vote with Councilman Ackerly abstaining. Councilman Ambarlan stated that Mrs. Esther Borgen was in the audience earlier in the evening concerning what she feols are zoning violations in the area adjacent to her residence on Beaver Loop. Councilman Ambarian reported that the Beaver Loop Laundry has been sold to another party who has moved construction equipment on to the property. Also reports are such that the new owners aro selling some types of foods, etc. Councilman Ambarlan requested City Administration investigate the matter immediately. Councilman Whelan advised that it has also been reported that an electrical company is operating out of the facility. Councilman Malston requested that Administration report back to Council at the i next regular meeting concerning this matter. — -----------�� 1! pill May 17, 1978, Page 15 BUDGET WORK SESSIONS Scheduled for 5: 30 p.m. on Tuesday. May 23 and Thursday, May 25th and 5: 30 p.m. Tuesday, May 30th. JAIL FACILITY City Manager Wise reported that Air. Hermann from Juneau called the City offices today and advised that Senator Tillion has included $218,000 in the budget for the jail facility -- State would reimburse the City $85/day per prisoner. Mr. Wise stated that he has asked for the information in writing and will keep Council up -dated on the Situation. RECESS Council recessed at 10:45 p.m. until 6: 00 p.m., Thursday, May 18th, at which time Project Managers Alaska, Inc. contract (item F-4) will be discussed. KENAI CITY COUNCIL - RECONVENE REGULAR MEETING 00 P.M. - Thursday, May 18, 1978 - Public Safety Building ROLL CALL Present: Vincent O'Reilly, Dan Whelan, Phillip Aber, Edward Ambarian, Betty Glick and Ron Malston. Absent: Tom Ackerly F-4: Ratification of Prosect Manager Alaska, Inc. contract for project inspection City Manager Wise reported the areas of discussion which have been revised and reviewed by the City and PMA and the City feels all matters of question have been resolved and would, therefore, recommend approval of the contract. QUESTION: Motion passed by roll call vote with Councilman Aber abstaining due to personal .business Involvement. QUESTIONS 6 COMMENTS Mayor O'Reilly advised that the Elks Club has established a fund raising project to purchase a special piece of equipment for the ambulance and Atlantic Richfield Corporation 40 had presented a check to the City which should be transmitted on to the Elks Club until such time all monies have been collected and the Elks would, at that time, present a single check to the City -- Mayor O'Reilly requested Council approval. a 1 u oil -.dNYO& May 17.1978, Page 16 MOTION: _ Councilman Whelan moved, seconded by Councilman Halston, to transmit the cheek from ARCO to the Elks bodge for their special fund raising project to purchase a sp( Piece of equipment for the ambulance. Motion passed unanimously by roll call vote. Board of Eauilization Iiearing - Kenai Peninsula Assembly Councilman Ambarian advised that he had received a telephone call concerning the hearing held the first part of the week -- especially relating to the appeal of the Ve Councilman Ambarian stated that the action of the Assembly and the representative from Council particularly disturbed him as their actions resulted in a loss of tax revenue to the City. Mayor O'Reilly explained the process by which the Vozar's property was assessed and the method by which the Vozars recomputed their taxes and reasons on which they based their appeal which included a 20% vacancy rate. Councilman Ambarian stated that in last year when the rentals were up, the Vozars were not requested to pay a higher tax and felt that the Assembly, in granting Vozar's request, would be jeopardizing the City's tax structure as all citizens would be eligible for this type of "subsidized investment". Councilman Malston stated that he agreed with Councilman Ambarian. Councilwoman Glick commented that she also would agree and would strongly oppose use of the vacancy rate factor in consideration of assessed valuations. After considerable Council discussion, Mayor O'Reilly advised that he would request all the information relative to the matter as presented to the Assembly so that it could be submitted to the Council for their review. Councilman Ambarian suggested that in the future the City should be made aware of the matters to be presented so that back-up information and materials could be compiled and the representative to the Assembly prepared prior'to the hearings. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None ADJOURNMENT There being no further business to be brought before Council, the meeting was adjourned at 6: 46 p.m. Respectfully submitted, PZ, 8 e C. Peter, City Clerk I I t - — _ - � . z ---- -- --• - - - - - - _ ter_- �.�.r.-_ � - - - . COUNCIL A EVfING OF . MAy la_ 197a OtHiglfTfv WAELAN ABER. A� I�RRT V -�eARfAIT GLICK '� "1 �� • ' f r i 1 i i i f; R - - r PROJECT COORDINATION AND INSPECTION SERVICES CONTRACT r - -10 PROJECT MANAGERS ALASKA, INC. hereinafter referred to as "PMA" hereby enters into the following agreement with the CITY OF KENAI, hereinafter referred to as "THE CITY". 1. SERVICES RENDERED: PMA agrees to perform the project coordination and inspection services for the following projects in consideration for the fees thereafter noted: EDA 007-61-20985 Redoubt Way Improvements 1977 $ 2t400.00 EDA 007-51-20900 Water i Sewer Improvements 1977 30900.00 EDA 007-51-20074 3M Water Storage Tank 1977 270800.00 EDA 007-51-20997 Paving of Airport Road 1977 2.200.00 EDA 007-51-20990 Street Improvements 1977 120800.00 TOTAL BEE $48,800.00 U. SERVICES DEP1NEDs Project coordination and inspection services as agreed to be performed by PMA for the he as enumerated in paragraph Q) above is defined to include the•re- quirements of project coordination and inspection, as contemplated within the document entitled. "Engineering and Construction Guidelines for the Local Public Works Capital Development and Investment Program". U.S. Dept. of Commerce/ Economic Development Administration, Second Edition, June 1977. It is agreed between PMA wA THE CITY that in light of the spirit and intent of the require- ments contemplated by the above document, the terms "project coordination" and "inspection" shall require PMA tot 1. Provide surveillance of project construction to assure compliance with , plans, spseiiications, and all other contract documents. S. Supervise any required subsurface explorations to determine amounts of excavation or foundation conditions such as borings, soil tests, and the like. 3. Review and approve proposed contract change orders when applicable. W I} 4. Submit a monthly report to THE CITY covering the general progress of the job and describing any problems or factors contributing to delay. 5. Review and approve the contractor's schedule of amounts for contract payment. S. Review and approve partial payments to contractors. 7. Work with Design Engineer and contractor in the preparation of "as -built" drawing after the completion of project. e. perform a final inspection and advise THE CITY whether or not to accept Ow work as performed by the contractor and his/her subcontractor's. Pro- vide punch lists for every unfinished work with recommendation as to ac- eptancs. 0. Act as Eason between THE CITY and the Design Engineer. 10. Present daily reports to THE CITY giving for each of the five individual projects the amount of time inspectors worked on each project, the men and equipment used on each project and the principal items or work completed on each project. 11. Report to TIM CITY progress made toward meeting the ten percent minor - My business enterprise requirement. la. Assist THE CITY in preparing quarterly status reports as required by RDA. 13. Moffitor Rad review the payrolls for each contractor and sub -contractor, forwarding the some to THE CITY. 14. Check with contractor to determine that it has contacted local utility and gas companies before any excavation or ground breaking is permitted on any project. 15. Advise TAE CITY and Contractor in writing of any violations of require- ments of the Occupational Safety Hazards Act (OSHA) and that all other governmental regulations are complied with and otherwise ad%** THE CITY that the safety of the public and men working on the prgjects con- cerned are otherwise protected. Report by telephonic notification any im- minent danger that is detected so that THS CITY may take immediate cor- rective action. CONTRACT - page 8 r N 7 L A. SCHEDULE OF PAYMENTS: TIM CITY agrees to pay to PMA the total fee as enumerated in paragraph Q) above, according to the following schedule: 30% payment to be billed as of May 15, 1978........... $ 14,840.00 30% payment to be billed as of June 29, 1978 , ......... 14, 640.00 30% payment to be billed as of July 27, 1978o o. o.... 9 14,640.00 10% to be paid upon successful completion of last project as indicated in paragraph VI ................ 4,880.00 PMA will furnish invoices indicating each of the above payments broken down into the proportionate payment for each of the five projects, as enumerated in paragraph (1) above. Requests for the above payments will be considered for payment by the City Council at the next regular meeting subsequent to receipt of billing it such billings are received the Thursday before the regular Council meeting. PMA will supply copies of all time sheets and any other records available, in- dicating the man hours spent on each of the above projects. M. TRAVEL EXPENSES: The total fee as enumerated in paragraph i includes travel and per diem expenses between the Kenai City offices, PMA offices, the job sites, and the engineers' *Maes involved. f W. CLERICAL COSTS: The total fee as enumerated in paragraph i above includes the cost of all clerical work that is necessary for the construction of these projects. V. INCEPTION OF SERVICES: , PMA will begin to perform its services pursuant to this contract on April 28, 1978. VI. PROJECT COMPLETION DATESs The protects with which this agreement is concerned are scheduled for comple- tion on the following dates: RDA 007-51-20965 Redoubt Way Improvements 1977......... Aug. 15. 1978 EDA 007-51-26966 Water i Bower Improvements 1977....... July 31, 1978 BDA 007-51-20074 3M Water Storage Tank 1977 ............ July 31, 1978 BDA 007-51-20997 Paving of Airport Road 1977 ............ Aug. 15, 1978 RDA 007-51-20998 Street Improvements 1977 .............. Aug. 15, 1978 CONTRACT - page 3 ir I I k. r q r 1 .r PMA agrees that these completion dates are realistic and will inform all con- tractors that they are to be considered deadlines. If, through unforseen cir- cumstances, any of the above project dates are extended beyond those dates Indicated above, PMA agrees that it will, at THE CITY'S option, continue to i render its services as described in this agreement for the extended project at the hourly and inclusive rates of ;31.00/hour to apply to any addtional services through December 31, 1978. VII. COMPLETION OF SERVICES: The obligation of PMA to provide services under this contract in relation to the projects above enumerated will and on their respective completion dates, un- less THE CITY, at its option, elects to continue to utilize the services by PMA pending its agreement pursuant to paragraph VI above. VIW. ADDITIONAL SERVICES: 'Certain additional services, such as, surveying, soil testing, soil compensations and concrete tests will upon approval by THE CITY'S Public Works Director be subcontracted for by PMA at a cost which is a product of their customary rates by the actual hours devoted to the job- All subcontract work shell be done by licensed surveyors and registered testing laboratories at rates which are equal or lower to those rates as enumerated in Schedules A and B attached hereto and made a part hereof. PMA shall invoice THE CITY for all such subcontract work done at actual cost plus live percent (5%) . - , DATED:4dr✓ I0, = a. : CITY OF KENAI By: John Wise, City Manager PROJECT MANAGIBRS ALASKA, INC. Bys Robert A. Hensler, President CONTRACT - page 4 I•' Mf' � 7 I l tiLM CQN9YLT6NTO. INC. • •.•.r • ... • p. ...�• ONI • to • , •, •sue l �•1UfYN�• "•"�"w• wwv vpww EFFECT T. . JANUARY 1, 1978 LABORATORY r A..D FIELD TEST::.*C r 856881 AGGREGATES (A-1 thru A-21) 856882 NITU31NOCS MMERIALS (0-1 thru P-9) 856883 CONCRETE (C-1 thru C-9) ; 1156886 SAMPLE IM)LING AmD STORAGE (H-1 thru H-8) ~ _ 856884 SOIL INUEA PROPERTIES A.YD CLASSIFICATION ' (S-1 thru S-21) 856885 5011. COMPACTION AND CONTROL TESTS { (5-50 thru 5-55) ' AMCMONAdi 0Moll AMws yALpfi MA�tLLA •• ' f-{ i N � muxtlth rt -lt1 ii F l r m) n..+ r I W, ITF. 4C111.1% I.I' M.f fective January 1, 1977 TMST U-417 N0. PEST 1TVI RI'RE.M.NCE M METHOD PRICE 9-1 Sieve Analysis of Coarse-uraiunif'S.Jii t1S7`i 19427 e1AS110 T88 25.:5 S-2 Hydrometer Aeealysis of Fine•-Cr-eie+e-l' ASTH U422 AASIIO T88 30.00 soil S -2a Hydrometer analysis for 0.02 mm only 25.00 S-3 Particle Size Analysis of Soil A:rrM 0422 WHO T88 45.00 (Combined Sieve la Hydrometer) S14 Atterburg Limits (LL, Pf., 111) 40.25 Liquid Limit Only ASTH D423 AASHO T89 23.00 Plastic Limit Only ASPM 0424 AASHO T90 23.00 8-6 Specific: Gravity ALASKA T-2 20.00 Trichloroethylene I' lasck S-7 Moisture Content ASTH U2216 6.00 S-51 Modified rroe~tor I:onge.cct serf 'rest ASTM D1557 M1.S110 1180 130.00 5-53 Field Density a. Sand Cone Mettwd ASTM 01556 AASHO T191 34.50 b. Washington Dens -o -meter Method ASTH 02167 AASHO T205 14,50 c PrOvideSllCe Methuel 34.50 LAtiORMORi & MAI; AI; If -STI :ti FEE SClit:l':'l.t. 8-1 Asphalt Content 0 It i t oom woos M %t w et: ANT.3 D2171 AASi10 T164 55.00 8-2 Gradation of F.xtrarted Agarrg.etes AASHO T30 25.00 B-3 Density of ComphCteJ Sitruninuus: Mi%tu+e•tr a. Para ff in-Ctlated Specimens ASTH 01188.AAS110 T166 13.00 b. Sisturated %octave•-Ury 1pe•e•ime•er:s ASITI 02.726 10.00 B-5 Marschall Field Castrol (Set of Thr•ea) 100.00 C-1 Compressive Strength (6" X 12" Cyl). ASTM C39 M8110 T22 10.50 H C-2 Unit Weight of same 'Past Cylluder 2.00 C -6o Fleld Control Tr•sts ASTH CUM AAS110 T121 45.00 t Minimum ch.rrr;e Per Trip Includes Itel+w i Listed Test: = (slump, air Content, rusting three- pick hreepick up, .•wring. and liu•el report) C -T* Field Cuntr.el Ttnits (ladividual) a. Slump AST611 C141 9.00 ;._. b. Air Content by Pressare Hetho,i ASTH C23 AAS110 T152 12.00 ' c. Casting 6" X 12" Cy I e rte• r ASTM C31 AASHU T23 7.00 *Minimum clraergr per trip for runCrete• test 36 -CO 11-5 Cure Concrete Cylindar w/0 Compression Testing 8.00 '..� r .T r r.' .• sr,A: x...•�.�, �i i�r n.�,,.;, .���{ i'.y�•:ut;.;;lr•dj•�L¢�I .(`�MH i� �s(�'G'r'tr .{r I � • �Iw,` .. r�1f ..1,.ie�.2 R,...�(wiir�rrr.,is�i�id..Sr� � .•Y r h j f n I ) d. W C Fift•ttive January 1, 197$ TEST 110. MT Il'I - i•= AI.F_IXE OR `IF7001) _ _._...._ PR; -IF A-1 Sieve .loalyri:, of rill• ANf.`I N it., AASID) T27 <<.25 A-2 Sieves Aualysi:: of Cisar:.,• AS'N tl'Ulu isAS19 T27 2 .25 M3 Combined Coarse anti Fine !Large Sampit•1 ASTt1 C136 AA.SHO T27 41,.''25 A-4 Specific Gravid• & Alm ?riot it, n. r.:. A4TI ('129 ASTM CI:7 23.C•) or C.A. 0102 Fractured Partirle. (*04, Atari s T-4 '7.29 (+00) Aln:ri•a T-'• 23.00 8-1 Asphalt Content 0 It i t oom woos M %t w et: ANT.3 D2171 AASi10 T164 55.00 8-2 Gradation of F.xtrarted Agarrg.etes AASHO T30 25.00 B-3 Density of ComphCteJ Sitruninuus: Mi%tu+e•tr a. Para ff in-Ctlated Specimens ASTH 01188.AAS110 T166 13.00 b. Sisturated %octave•-Ury 1pe•e•ime•er:s ASITI 02.726 10.00 B-5 Marschall Field Castrol (Set of Thr•ea) 100.00 C-1 Compressive Strength (6" X 12" Cyl). ASTM C39 M8110 T22 10.50 H C-2 Unit Weight of same 'Past Cylluder 2.00 C -6o Fleld Control Tr•sts ASTH CUM AAS110 T121 45.00 t Minimum ch.rrr;e Per Trip Includes Itel+w i Listed Test: = (slump, air Content, rusting three- pick hreepick up, .•wring. and liu•el report) C -T* Field Cuntr.el Ttnits (ladividual) a. Slump AST611 C141 9.00 ;._. b. Air Content by Pressare Hetho,i ASTH C23 AAS110 T152 12.00 ' c. Casting 6" X 12" Cy I e rte• r ASTM C31 AASHU T23 7.00 *Minimum clraergr per trip for runCrete• test 36 -CO 11-5 Cure Concrete Cylindar w/0 Compression Testing 8.00 '..� r .T r r.' .• sr,A: x...•�.�, �i i�r n.�,,.;, .���{ i'.y�•:ut;.;;lr•dj•�L¢�I .(`�MH i� �s(�'G'r'tr .{r I � • �Iw,` .. r�1f ..1,.ie�.2 R,...�(wiir�rrr.,is�i�id..Sr� � .•Y r h j f n I ) d. W C 1 � Il•, r OTHER OC1tVTC1»4 A. Drafting (Graphic Prrt:ant,ol i„n) $15.00/t:r(40 Ir/wk) 33.:5/hr(I-7 1 B. File Search and bait-mv .it Popurt ;Sinimiun 15.00 C. Tenting KyuipmellL ke•111,11 - 141 Re-yurf.t Minismtm 75.00/r..)nth j - i �i ..-li .v ��{/+, •L ��,�, �%ri� ,v'•t'U'•.u/ , •�•• �y, lT';"�,b.'g:1 �1,` ..LWr��'t •� �. "":'j�.3: - Ya�'Y/ • � �Ly �.�i� i-a1� •� ,.�. >S•�i.��. II�lilfl. t 1 IlfLtdi,i.r�iJ'i .t �iL•tiYr c i 111 � _ 1 , - LABONA" IRY L FIELD 1 CST I NCP l Mr. SCHElITE ' Effects -.4. •luttu.,c, t . 197E TECHNICAL SERVICES A. Engineering Techni,i.tn +530.00/hc(40 hr/wk) 0$40.00/hr(LI.T.) - LABONA" IRY L FIELD 1 CST I NCP Mr. SCHElITE ' Effects -.4. •luttu.,c, t . 197E TECHNICAL SERVICES A. Engineering Techni,i.tn +530.00/hc(40 hr/wk) 0$40.00/hr(LI.T.) To perform fiel.l Leat its}, 1!:1111p:i1te. in;•. compaction, can. rel o I it -1-1 cuntri,i . 1sf•t pl int peodurtiun COOK r$)I B. ASSISTANT TO ENJI'I' i I&, SlITIAL isvf.srisa:nov, $25.00/hc(40 hr/wk) Inspection or 'r#-t;Ljr#4 33.25/Itc(G.T.) C. 'SOILS LABUIlAl'ay ft:4litiwim $20.50/hr(40 hr/wk) 27.3014(0.T.) er To process or prepare iiamp1rtt (Shelby Tube, tittik Sample, Sturage. lick -up, Dulivery) " D. SUPERVISION Of TECHNICIANS $35.00/hc E. MILEAGE OVER 10 Mti.H. RA01US 0.25/mile Rate including vehicle and testing t•tiuipme•ttt, generally requiring minimum or no sttpervis ton. For out-of-town prs►joets, rate altlrlyiogg from Lime of leaving to time of rews-ning hams• office, and fir -1:.111y allawing one trip to home office every two weeks. MINIMUM CHARGES `. A. B11011MMING TECIINICIA.Y A%q Sl' VAL INVE.STIGATIO4, INSPEC?ION • OR TESTING. 1. Show up - no work perturme st 2 hours 2. One-half working day of le-sst 4 hours 3. Over onr-h.tlt workitig slay g hours - 4. Standby Actual Time B. SOILS LABORATORY MCII"IICIAMS 2 hours C.' SAMPLING OF MA"1'ERIAL 1 hour r _i D. PER DIEM -ACTUAL COST + 1M; Minimum $40.00/day E. AUR FARE, FREIGHT, PARKI:90 Actu.41 Cost + 10% t MCLANE & ASSOCIATES P6418MEo "Ito ousvavoa " RO. COX 406 • /NONE a634310 SOLOOTNA. ALASKA too" MMUM RATE SOZUMM ,:Yrra.at+or. JANIDM 1, 1978 The following listed rates pertaining to surveying services performW by us on non aeon jobs will be in effect this date: Reqular Time Over Time Double Time 1 am d7:afting $18.00 $25.00 $ 32.00 j 1 man cbwtirg (calculator included) 20.00 27.00 34.00 i Senioac Partner R.L.B. 25.00 35.00 45.00 (design S oong7utations) 2 man field crew 44.00 58.00 72.00 3 man field crew 60.00 80.00 i 102.00 4 mea field view 76.00 104.00 132.00 ` Stakes or other materials needed, not included in the above. The above rates include the standard survey equipnant and transportation within the Kenai, North Kenai, and Soldotna areas. When travel beyond is regaited, a mileage factor of $0.20/mile may be chargee]. 1b also have the follvAng equipment which I use when applicable at the rates feted. MI -3810 Total. Station Electronic Measwring Device @ $60.00/day. UN -3900 Ehect=nic Measuring Device @ $35.00/day. - M-10 Oistmt Electro/n�i��c�M�'eaasurring Device 0 $35.00/day. W -9810A L.. v.w..Nable calculator @ $6.00/ jMW. Aeaeriding nthmater @ $25.00/day. 4./C/., 341 Min Cruiser (rates quoted upon request) _ 179 OOat w/100 IV O.B. @ $60.00/day. j 13' Boat w/10 RP O.B. 0 $30.00/day. - i Double Track snow machine @ $30.00/day. s i Z' /7M - —; Stanley S. M Mane - Partner Date I 1 KlliAI PENINSULA BOR011611 CONTINUED BOARD OF EQUALILATIOiJ HEARING OF MAY 17, 1978; 9:00 A.M. BOROUGII ADM I N i STRAT ION BUILDING SOLDOTNA, ALASKA 1- f A. CALL TO ORDER AND ROLL CALL OF BOARD The Continued Board of Equalization Hearing was called to order by Board Chairman JoAnn Elson at 9:00 a.m. PRESENT: Arness, Campboll,'Cooper, Corr, Douglas, Elson, Mille, Long, McCloud, O'Reilly; Assessor Thomas, Asst. Assessor Snyder, Appraisers Aikins, Gillilan, Trammell ABSENT: Crawford, Davis, Fields, Fischer, McAllister, O'Connell B. HEARING OF APPELLANTS Board Chairman Elson reminded the Board that the purpose of the hepring was to hear appeals concerning alleged errors in valuations, overcharges, omissions by the assessor. Each participant in the hearing will be sworn in by the Borough Clerk. 1. Dale R. Lindsey, Box 367, Seward, AK Mr. Thomas read Mr. Lindsoy's appeal which involves the valua- tion placed on Seaport's warehouse building located in the Loirer Industrial Subdivision. Mr. Lindsey provided his 1977 tax return which shows a fixed depreciable cost of the building totaling $92,496.00 together with an itemized schedule alloca- ting labor and material cost of the structure. The protest contends the borough's assessment on the building of $128,950 iW excessive when compared to costs. MrSnyder reported making a comparison of three other warehouse buildings in Seward; there were no sales to use in the valuation. He explained how the cost when new, age, and size of the struc- tures were compared and the assessed value per sq. ft. of $17.76 for this warehouse meets the average of the other similar build- ings. lie recommended no change in the assessment. BOARD ACTION: BOARDMPMOPR McCLOUD MOVED TO GRANT TIIB APPELLANT'S REQUEST. MOTION FAILED BY A VOTE OF 4 "Yes" to 6 "No"; Douglas, Long, McCloud, O'Reilly voting affirma- tively. APPELLANT'S REQUEST WAS DENIED. in additional discussion it was clarified that Mr. Lindsey's cost figures did not include site work and labor which was provided by members of the partnership. 2. Arness, Arness, Rogers & Baldwin, Partnership P. 0. Box 4210, Kenai, AK Assessor Thomas road the appellant's statement giving location of two lots in the Cook Inlet Industrial Air Park, City of Kenai, leased in 1977 for $5,252. Improvements added since that time to excavation and footings. The 1978 assessed vacua The appellant claims the fair market value which s ou a usod in assossi.ng is the price a willing buyer would pay forpproporty which has boon exposed to the market for a reasonabl.o length of time. The City of Kenai has land available for lease which goes unclaimed. The partnership's ieasohold interest in the property is not - 1 - I 1 I i I i ROAN OF fiQUA1.IZA1 I0Y C{)!31;1hUIiU 1•11:1'sT!'t0 OF MAY 17, 1978, PG. 2 marketable under the prevailing economic circumstances and therefore has no intrinsic value which could be recovered 'upon sale of the property. Mr. Baldwin was present and added that the terms of the lease stipulate that the value of the lease will be sot every five years according to the fair market value and since this is the first year of the lease, believed that what they paid is very close to the current value. lie reported that in order to lease such land from the City, a development plan is required; the land cannot be held for speculation, and the only way the value of it can be increased is through the improvements made to it. lie believed the assessed value might apply to the value of the lots, but not to the leasehold interest; the City is still the owners of the land. Ile stated a private appraiser had set the value of the partnership's interest at zero. Possibly the true value of the lease could be one year's annual payment which is $S,2S2.72 based on 394 per sq. ft. assessed by the City January 1 and payable on June 30. Chairman Elson reported the City had all the lease lands inde- pendently appraised in June, 1977, resulting in fair market values of $44,850 for Lot S and $42,695 for Lot 6. She under- stood the City then charged 60 of these figures for the annual lease of the lots. Mr. Thomas stated the borough's appraisal was on the leasehold interest, not the entire value of the property, and explained further the amount of the annual paymont was capitalized according to a standard valuo table for such leases. Mr. O'Reilly asked if it would be possible to postpone this item to a time definite in order for the city attorney to take into consideration the points raised in this discussion. Mr. Thomas replied that state law requires him to certify the tax roll by June 1 including all values balanced out after the Board of Equalization has finished. Nr. Cooper stated the procedure followed was the same as had been used within the City of homer and if different basis were used here it would affect leases throughout the borough. Mrs. Douglas asked Mr. Baldwin to again road the contract signed•in leasing the lots in regard to payment of taxes. lie read a section requiringg payment of "applicable taxes to leasehold interests, or othor aspects." Mr. Thomas road from the state Constitution, Art. IX, Sec. S which states, "Private leaseholds, contracts, or interests In property owned or held by the United States, the state or its political subdivision, shall be taxable to the extent of the interest." Mr. Snyder stated in rebuttal that it is agreed the appellant's definition of market value as the price a willing buyor would pay on the market for a reasonable time is correct, but both gay and sailor should be knowlodgablo of the market and uses to which the property may be put. In the valuation of these two lots, the only value considered is the value created by the payment of rent. Although it is a 99 year lease it has been capitalized at S4 years to keep it in equity with g1milar leases. When the annual rent is computed times the present worth factor for 54 years at 10%, the value equals $52,221. Of this amount, $40,300 was taken to maintain equity. At this time 70 lots with an assessed value of $762,450 are leased by the city in the area. It is inconceivable that suddenly two lots have no value. The assessor recommends no change. F_ BOARD OF EQUALIZATION CONTINUED MEETING Of MAY 17, 1978 PC. 3 - BOARD ACTION: BOARUINII:MBER ?tcCLODU MOVED TO GRANT THE Ai'1'1'LLANT'S REQUEST. BUARDIMU:MBER ARNESS ABSTAINED. MRION FAILED AY A 2 "Yes" to 7 "No" VOTE. APPELLANT'S REQUEST WAS DENIED. 3. Paul M. h Sandra J. Vozar, Box 4290, Kenai, AK 1978 Assessed Value: land $33,250, Bldg. $506,750, Total $540,000 Appellant's Proposed: $360,605. Mr. Thomas read the appellant's statement which reports a 37% vacancy factor in Kenai and higher in the Toyon Villa Apts. The appellant explained she arrived at the proposed value by adjusting the 1977 income by the vacancy factor and subtracting expenses of $44,000 leaving an adjusted figure of $44,074. This times an 11% Cap rate the building should be assessed at $400,672. She felt a 10% reduction was due because of the dis- reputable condition of a neighboring yard which the City of Kenai has not been able to get cleaned up. Mrs. Vozar appeared and distributed sheets to the board which provided her figures as to income, expenses, management costs and cap rate of 11$ for the last four years. She stated the vacancy rate was so high in 1976 when purchased, the property went on the foreclosure list because they could not pay the taxes. In 1977 the taxes were raised, but occupancy was much improved and they were able to catch up on the previous year's taxes. This year the situation has worsened again with the number of new apartments available in Kenai so that they have had only 50% occuppancy since January 1978, a factor that she did not believe No assessor had considered in the valuation. Mr. Snyder replied that the vacancy factor had been included In the assessment which was revised after her first protest to $489,000. I Mrs. Vozar stated that since filing the protest she had recom- putod the figures and believed a fair valuation would be 5419,84S for 1978. Mr. Snyder reminded the Board that the appraisal has to be made as of January 1 of each year and there is no way 1978 vacancy factors can be used for a 1978 appraisal. He went over the method used with figures provided by the appellant to arrive at the valuation, considering income, expenses, and land value. BOARD ACTION: BOARDMEMBER O'REILLY MOVED TO GRANT THE APPELLANT'S REQUEST. MOTION PASSED BY A VOTE OF 6 "Yos" to 4 "No"; Campbell, Cooper, Corr and Elson voting negatively. APPELLANT'S REQUEST WAS UPHELD. 4. Paul F. Robison, 921 W. 6th Ave., Anchorage,.AK 1978 Assessed Value: Land $17,500 Appellant's Proposed: 8,750 1' Mr. Thomas read the appellant's statement which re4orted in the summer of 1967 under a notice of utilization the State of i Alaska took the parcel in question to install a h'ghway rest stopThe highway department cleared off the only► high level portion of the property along the highway, black -topped it and a sign indicates a lookout point. The State hits never paid any consideration for this and insists that it is not 3 i � 1 s 1; t _ y.l L • i r - BOARD OF EQUALIZATION CONTINUED MEETING Of MAY 17, 1978 PC. 3 - BOARD ACTION: BOARUINII:MBER ?tcCLODU MOVED TO GRANT THE Ai'1'1'LLANT'S REQUEST. BUARDIMU:MBER ARNESS ABSTAINED. MRION FAILED AY A 2 "Yes" to 7 "No" VOTE. APPELLANT'S REQUEST WAS DENIED. 3. Paul M. h Sandra J. Vozar, Box 4290, Kenai, AK 1978 Assessed Value: land $33,250, Bldg. $506,750, Total $540,000 Appellant's Proposed: $360,605. Mr. Thomas read the appellant's statement which reports a 37% vacancy factor in Kenai and higher in the Toyon Villa Apts. The appellant explained she arrived at the proposed value by adjusting the 1977 income by the vacancy factor and subtracting expenses of $44,000 leaving an adjusted figure of $44,074. This times an 11% Cap rate the building should be assessed at $400,672. She felt a 10% reduction was due because of the dis- reputable condition of a neighboring yard which the City of Kenai has not been able to get cleaned up. Mrs. Vozar appeared and distributed sheets to the board which provided her figures as to income, expenses, management costs and cap rate of 11$ for the last four years. She stated the vacancy rate was so high in 1976 when purchased, the property went on the foreclosure list because they could not pay the taxes. In 1977 the taxes were raised, but occupancy was much improved and they were able to catch up on the previous year's taxes. This year the situation has worsened again with the number of new apartments available in Kenai so that they have had only 50% occuppancy since January 1978, a factor that she did not believe No assessor had considered in the valuation. Mr. Snyder replied that the vacancy factor had been included In the assessment which was revised after her first protest to $489,000. I Mrs. Vozar stated that since filing the protest she had recom- putod the figures and believed a fair valuation would be 5419,84S for 1978. Mr. Snyder reminded the Board that the appraisal has to be made as of January 1 of each year and there is no way 1978 vacancy factors can be used for a 1978 appraisal. He went over the method used with figures provided by the appellant to arrive at the valuation, considering income, expenses, and land value. BOARD ACTION: BOARDMEMBER O'REILLY MOVED TO GRANT THE APPELLANT'S REQUEST. MOTION PASSED BY A VOTE OF 6 "Yos" to 4 "No"; Campbell, Cooper, Corr and Elson voting negatively. APPELLANT'S REQUEST WAS UPHELD. 4. Paul F. Robison, 921 W. 6th Ave., Anchorage,.AK 1978 Assessed Value: Land $17,500 Appellant's Proposed: 8,750 1' Mr. Thomas read the appellant's statement which re4orted in the summer of 1967 under a notice of utilization the State of i Alaska took the parcel in question to install a h'ghway rest stopThe highway department cleared off the only► high level portion of the property along the highway, black -topped it and a sign indicates a lookout point. The State hits never paid any consideration for this and insists that it is not 3 i 0 iII ING111Ir�J r r . CITY AT RNEY'S REPORT I MAY 17, 1978 4 ( THE BEAR'S LAIR - NEWSPAPER SALES IN TERMINAL j Pursuant to Council's request at the last meeting, Vesta Leigh was asked whether she would consider an amendment to her present lease to allow for the sale of newspapers at the terminal from other outlets than her own. Her lease with the City, as amended on January 11, 1978, gives her the exclusive right to place ". . .up to four newspaper vending machines at such locations outside the leased space as may be agreed upon by the parties. . ." In response to the above question, Vesta Leigh stated that she was not interested in giving up the exclusive right to sell news- papers through the vending machine outlets in the terminal. She pointed out as reasoning, therefore, that she presently estimates the annual income from the two newspaper vending machines to be $250.00. The City's share of this amount, she points out, is $60.00 or forty percent (407.) of the income from this source. Ms. Leigh further stated that she was not willing to give up this amount of yearly income, particularly when there is the possibility of it increasing. TACO WAGONS Pursuant to Council's request, the legal department is presently preparing an ordinance in codified form which will address itself to the licensing of mobile food vendors in the City of Kenai. Presently, on the books there is an ordinance dealing with transient merchants. However, this ordinance is directed more toward controlling the activities of merchants who come into the City soliciting; orders and cash for future delivery of products or services. The stringent requirements placed on such merchants by the ordinance (bonding, fingerprinting, etc.) could not be fairly imposed on merchants who sell food items from motorized vehicles within the City Limits. In controlling mobile food vendors; it would be more appropriate to have a simple licensing ordinance which would impose a modest license fee for the operation of such a food service operation, require proof that the applicant has registered for its sales tax obligation, has obtained a health department certificate and has obtained adequate liability insurance coverage to protect patrons. 4 i I h s E f -i 1 i t ! I /r . .._.., .ice `i n8no Shoe Gun Club Attached hereto is a copy of a letter from Edward G. Barber, Jr., Lands Officer, for the Department of Natural Resources. A copy of this letter was forwarded to Paul Weller of the Sno Shoe Gun Club and his comment is being awaited. In speaking with Mr. Barber over the phone, he suggested that perhaps the City could apply for a lease renewal of lesser acreage (specifically the area containing the gun club improvements). The City might then make application for a special land use permit as it concerns the remaining acreage. With Council's permission this department will request the Sno Shoe Gun Club to obtain the necessary appraisal in order to go through with this matter. erendivity Enterarises Lease k Upon initial review of the Serendipity lease, it is evident that. _... the lease rental provision therein will not square with the rent escalation provision contained in the leasing policy ordinance no. 400-78, which will be considered for final passage on May 17, 1976, The Serendipity lease proposes a 25 year fixed rental term, while `"- the proposed new leasing policy ordinance would allow for a fixed percentage rent increase at five year intervals during the term of the lease. The attorney for Serendipity has been made aware of the proposed ' - leasing ordinance change and has been asked to reply to the same. As soon as we receive word from the attorney for Serendipity as to resolving this initial difference between the two leases, a more in-depth review of r_i__ their proposal will be merited. I 4 7 L F-- :. sur: 001,1E9T111O T OF NATURAL 111i:SOURCF.K LANDANDWATERUWAWONr 921.ONAVIN99 SOUTHCENTRAL DISTRICT 3327 Fairbanks Street Anchorage, Alaska 99503 April 24, 1978 ` 1) q! Ctty of Kenai Box 580 Kenai, Alaska 99611 ATTNs Mr. Ernie Schlereth City Attorney REs AOL 51506 Land Lease Gentiemen: This is in response to your recent letter of April 5, 1978 regi proposed renewal for the above -referenced lease. In reviewing document, we note that the City of Kenai is presently paying S, annum for a Jesse consisting of 191.15 acres more or less. Fu tease has been renewed for an additional five-year term and wi expire on July 26, 1980. If the identical tract is renegotiated for a 55 -year lease wit V Kenat under AS 38.05.305. the minimum annual rental that ca.. -- charged for the lease is five percent of the appraised value as the parcel is Mental Health lands selected under the Mental Health Grant, Mental Health 25• further, the Mental Health Board wilt have to approve of the proposed lease, and to date they have been requiring at least five percent of the appraised value, and generally fair market lease rental t6-8 percent. is the City of Kenai and the Snowshoe Gun Club capable of anticipating such an annual rental for the utilization of this tract? Heretofore the Trust Boards within the last two to three years have not waived a tower annual lease rental than fair market value; and further, we are prevented from leasin the property for less than five percent as Indicated in AS 38.05.315(d). Mould you therefore please review the above with the various members concerned and determine if in fact your orgnaization is capable of supporting such a rental. lama," a City of Kenai Page 2 April 24, 1978 f t i Should you have any questions regarding the above, please feel free to contact this office. Very truly yours, L. A. DUTTON-, District Manager By: Edward G. Barber, Jr. Lands Officer Y- IyIi t 0 S ORT #10-78 (May 17, 1918) vsaayrm .. -- ......._ . __ 1. Ordinance No. 400-18 i This ordinance is scheduled for public hearing and will establish the lease policy procedures for airport lands. The ordinance has been revised in accordance with the action taken by the Council to provide for the maximum 507. increase, changing the mill to percentage language, i.e. 1110th of 1%, and adding the provision relative to payment of the lease grates quarterly, monthly or annually. 2. Ordinance No. 402.78 This oplizance is scheduled for public hearing and approppriates the $5,000 from the water and sewer fund to properly fund the CHZM Hill services to prepare the final drawings and specifications so that we can go to bid on the interim modifications to the sewer treatment plant. 3. Ordinacnce Vo. 403-78 This ordinance is scheduled for public hearing. This involves Chapter 5 of the Renal Code and relates to reaffirming the Advisory Planning and Zoning Commission with some changes to make it fit with the current context of the P]aaaing Commission. `4. Ordinance No. 40478 This ordiumee is scheduled for public hearing and would increase !? estimated revenues and appropriations from Title II of the anti -recessionary revenue sharing funds. 4 5. Corr a: Joseph Ross dba Performance Sales and Service 4a Mr. Ross asks for termination of his recently approved lease of City �.. - owned lands. I believe the letter is self-explanatory, However, I am personally at a loss as to what competition he is referring to. 6. Correspondence: MortRaRe Investors, Inc. This letter proposes formation of an assessment district. My review of this letter raises the comments that it does not sufficiently specify --- _ the location and type of assessment improvements they are asking for. Therefore, it should go back for further clarification. Y 7. Correspondence Uixinx Development of Recreation Site t' This correspondence is from a number of individuals urging development of the recreation site adjacent to the Oilers Ball Park. 8. Resolution No. 78-56 This resolution requests lease of airport lands, in this case the bluff property sphere the FAA towers are located, As requested by the Council, ■ 11 w the Planning Commission has reviewed and approved a proposed development plan of a general nature which essentially limits the current front strip oto immediate development, provides for a green belt to protect the environmental features of the area (Ryan's Creek and the Bluff), and provides for future general development of the bluff property essentially between the Spur Highw$y and the bluff itself to be determined in accordance with the best use of the land, presumably high rise apartment structures. 9. Lease of City -owned Lands: Fidalgo Associates This is a restatement of the position presented to the Council at the last meeting, where they have changed their request for lease to an adjacent area which will not involve them in having the City put in water and sewer at this time. 10. Discussion: Roper Request for Land Adiacent to Boat Ramo The plat has been agreed upon identifying the land that Mr. Roper desires. The surveyor has been directed to proceed with circulation of the final -plat to the apppro riate agencies and we have requested an sraisal of the land, whic the Council approved at the last meeting. If the Council so desires, we could draft an interim lease for perhaps 30 to 90 days which would then permit us to renegotiate the lease on proper receipt and evaluation of an appraisal. 11. Ratification of Telephone Poll 'This ratification involves the contract of Project Managers Alaska for the various LPW projects. The Council reviewed the revised proposal submitted by PMA at a work session and the contract document will be made available for the Council's review at the regular meeting. 12. Ordinance No. 405-78 We are asking for introduction of this ordinance which, at the direction of the Council, was prepared to provide for negotiated sale of certain ter foreclosed lands. These lands were requested under a previously existing ordinance by Phil Bryson and Craig Freas and the mechanism of this ordinance will provide for proper identification and compliance with the current state law. 13. Ordinance No. 406-78 Tris ordinance is scheduled for introduction and involves the basic format of the 1978-79 general fund budget. The actual definitive numbers and the mill rate, of course, will not be introduced for placement in the body of the ordinance until the Council reviews it at second hearing and amends it to include those specific numbers, 14. Ordinance No. 407-78 We are asking for introduction of this ordinance, which would establish capital fund project for the warm storage building winterization. un Cocil approved the grant from EPA under the PWIP program. This will be the appropriation of that money and local funds which are required to watch. I r I l* the Planning Commission has reviewed and approved a proposed development plan of a general nature which essentially limits the current front strip oto immediate development, provides for a green belt to protect the environmental features of the area (Ryan's Creek and the Bluff), and provides for future general development of the bluff property essentially between the Spur Highw$y and the bluff itself to be determined in accordance with the best use of the land, presumably high rise apartment structures. 9. Lease of City -owned Lands: Fidalgo Associates This is a restatement of the position presented to the Council at the last meeting, where they have changed their request for lease to an adjacent area which will not involve them in having the City put in water and sewer at this time. 10. Discussion: Roper Request for Land Adiacent to Boat Ramo The plat has been agreed upon identifying the land that Mr. Roper desires. The surveyor has been directed to proceed with circulation of the final -plat to the apppro riate agencies and we have requested an sraisal of the land, whic the Council approved at the last meeting. If the Council so desires, we could draft an interim lease for perhaps 30 to 90 days which would then permit us to renegotiate the lease on proper receipt and evaluation of an appraisal. 11. Ratification of Telephone Poll 'This ratification involves the contract of Project Managers Alaska for the various LPW projects. The Council reviewed the revised proposal submitted by PMA at a work session and the contract document will be made available for the Council's review at the regular meeting. 12. Ordinance No. 405-78 We are asking for introduction of this ordinance which, at the direction of the Council, was prepared to provide for negotiated sale of certain ter foreclosed lands. These lands were requested under a previously existing ordinance by Phil Bryson and Craig Freas and the mechanism of this ordinance will provide for proper identification and compliance with the current state law. 13. Ordinance No. 406-78 Tris ordinance is scheduled for introduction and involves the basic format of the 1978-79 general fund budget. The actual definitive numbers and the mill rate, of course, will not be introduced for placement in the body of the ordinance until the Council reviews it at second hearing and amends it to include those specific numbers, 14. Ordinance No. 407-78 We are asking for introduction of this ordinance, which would establish capital fund project for the warm storage building winterization. un Cocil approved the grant from EPA under the PWIP program. This will be the appropriation of that money and local funds which are required to watch. I r I I i f 15. Ordinance No. 408-78 r We are asking for introduction of this ordinance to provide for use of $31,000 Title II anti -recessionary revenue sharing funds. We have a need to appropriate a minimum of $25,000 and fully expend it or enc=ber it prior to June 30th or we will lone the money. There are a variety of items in this ordinance, one of great significance to the Council being where we are asking for a little over $3,000 to sweep the streets of the City. This appears to be a good value to the City and a very worthwhile project. There is also a request from the library and Public Works has asked for a rather large sum of money with which to purchase additional gravel, which is a good stockpiling effort on behalf of the City, 16.. Ordinance No. 409-78 This ordinance is in the typewriter and may not be available for you in this packet. It is a revised schedule of rates for the water And sever. We need the rate increase, particularly in the sewer system, to meet the cost of the sewer treatment plant operations and attempt to protect our ability to fund the larger sever treatment plant expansion program. Details as to how much will be garnered by the increase in rates will be available to the Council Wednesday night. 17. Resolution No. 78-78 ' This resolution transfers funds within the 3 minion gallon tank _)project to provide for certain adjustments in the project and also to provide separate accounts for the improved subsidiary projects, i.e. the Thompson Park waterline, the Airport Way waterline, renovation of Well House No. 1 and, I believe, the Woodland Subdivision waterline, which would link Woodland with Birch Street. The action taken here will give us effective control over these additional projects, y 18. Resolution No. 78-79 This resolution would repeal the requirement for a library card deposit which I believe the Council agreed upon at the budget work sessions, 19. Resolution No. 78-80 This resolution would repeal the policy of billing for ambulance service, This, again, was a budget work session decision, 20. Resolution No. 78-81 This is a transfer within the EDA road project and will permit the allocation of funds for the Airport Way road project and identification of a separate account. ', J 0 U VT 21. Resolution No. 78-82 This resolution will accept a gift of land within the City of Kenai. This is bluff property where we are having the erosion at the mouth of the river. This was asked for by letter upon authorization of Council some time ago. 22. Lease of Citv-owned Lands: B & C Supply This is land in the area of Walt Church's building on Willow Street. 23. Discussion: Survev and Appraisal of Airport Lands We have responses from Vern Frykholm and Associates and Angelo Hillas relative to appraisal of lands, which are provided in your packet. I need guidance as to which firm to retain to not only appraise the FBO proper;les, but also appraise those properties which are due for lease renegotiation. Additionally, we have one quote for the surveying of FBO lands north of the terminal. Presumably, we will have others which I will provide to you at the time of the meeting. Malone promised to have one in on Monday. 24. Topo Study We had some proposals for a topographical studies and mapping of the City and, as mentioned at the last Council meeting, there have been some problems with the proposals. The proposals were essentially received yesterday. On cursory review, none appear to have definitive dollar figures tied to them. Therefore, they are unacceptable. Hopefully, by Wednesday night we will have reviewed the problems with the proposals and reissued new proposals for this particular work. 25. Serendipity Lease The draft lease submitted to the City is still being reviewed by the City Attorney and myself. We need to discuss it with the Council and make contact with Serendipity's attorney so that we can resolve the various problems we have with it. 26. Carr -Gottstein Lease We have forwarded a copy of the proposed ordinance on lease of City lands annotated with the proposed changes to Carr -Gottstein, Jeff Hassler In particular, for their review. Perhaps this will enable us to move on that Prarie Market lease which has been before the Council, 27. Request for Use of Airport I would like to point out that apparently Kenai Packers is planning to process fish being flown in from the Aleutians, Cold Harbor, King Salmon, and the two firms have contacted the airport about landing here and off-loading fish for processingat Kenai Packers. The extent of the Aeration is unknown but there wilapparently be heavy traffic around the clock during the fishing season. I r I F — p8. Water and Sewer EnAineerinz Pro ect We have received from the State authorization to proci $150,000 water and sewer engineering project. This proje( by the Council at the last meeting. The documentation wa: following that meeting and now we have every right to pro4 contract with whichever engineering firms the Council sell 29. 1978-79 Budget Included in your packet will be a spread sheet relatti tentatively approved by the Council for discussion purpos4 individual costs and the departments to which they relate, will be of assistance to the Council in making a determine positions to actually fund. f r KENAI PENINSULA 14011011GII AGENDA FOR THE 11.6.1i. AND REGifLAR ASSEMBLY MEETING ' MAY 16, 1978; 7:30 BOROUGH ADMINISTRATION BUILDING 11. 0. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA - Asse BOARD OF EQUALIZATION HEARING Arne camp A. CALL TO ORDER AND ROLL CALL OF BOARD Coop Corr B. HEARING OF APPELLANTS Craw . Davi C. ADJOURNMENT OF BOARD DOU2 Elsc +► a R s +► * k Fie] Fisc A. CALL TO ORDER AND ROLL CALL OF ASSEMBLY Hill LonL, B. PLEDGE. OF ALLEGIANCE AND/OR OPENING CEREMONY McAI MCC] C. SEATING OF NEW ASSEMBLYM]IMBERS (nono) 01Cc O1R( D. AGENDA APPROVAL E. MINUTES: May 2, 1978 $ Board of Appeal, May 25, 1978 F. ORDINANCE HEARINGS: (a) Ord. 78-13 "An Ordinance Amendingg Portions or 'tltie cl of the Kenai Peninsula Borough Code of Ordinances Pertaining to Zoning Administration and Enforcement Proceduros • in Homer and Adding Townhouses as a Condi- tional Use in the Residential District" (b) Ord. 78.17 "An Ordinance Appropriating runds for Fiscal Year 1978-79 for Schools" 1. Roo. 78-63 "A Resolution Approving, the Senool District Budgot for Fiscal Year 1978-1979" (c) Ord. 78-18 "An Ordinance Concerning Rezoning within the City of Kenai" ($LM Lot 140) (d)' Ord. 78-19(Substitute) "An Ordinance to Amona beet Ion 1.12.020 of the Konai Peninsula Borough Code of Ordinances to Provide Clarification of U. S. Government Aliquot Part Descriptions of Land, and P18ttod Subdivision Lots" G. INTRODUCTION OF ORDINANCES: (a) Ord. 78-28, "An Ordinance Concerning Rezoning within the City of Kenai" (ticKinley Sub) (b) Ord. 78-29 "An Ordinance Appropriating Anti-Rocessi.on Funds to Various Depart- • monts Within the Borough" 11. PUBLIC PRESENTATIONS (with prior notice) i El I S I I I q!I II III II ILII AGENDA FOR t -JAY 16, 1978 Nage 2 1. COMMITTEE RFPORTS (a) :school Board (Fields/I:ischar) (b) took Inlet Air Resources (i)avi:s/Lural;) (cj Legislative Overview (Campbell/Long) d O.E.D.P. (Fiochar) (aj 111nce (Iliile/Cooper/(;rawford/Fieldf,/t4cCloiid) (f) Solid Waste (Fischer/McAllister/Cooper) �Ej Roads and Trails (Davis/Corr) h)) Sales Tax (Douglas/Cooper/;McCloud) J. MAYOR'S REPORT (a) Finance Report for April, 1978 (b) Report on trip to Juneau K. SCHOOL CONSTRUCTION REPORT (a) Ros. 78-58, "A Resolution Approving; a Proposal tor the Gon,truction of Ten Additional CiaoN- rooms to Be Constructed With the Now Soldotna Blamontary School" with Memo 78-83 (b) Res. 78-59 "A Resolution Authorizing the Transfer of Appropriated Surplus Funds From Soldotna Elementary Portable Classroom Relocation and homer Llementary ii to Soldotna Jr. Iligh Addition, Kenai Central lligh School Auditorium Addition, and the Nintlehik Addition" with Memo 78-84 (c) Schoolu(ApprovedpS-1.78)st, Seward Nish (d) Ros. 78-60 "A Resolution Authorizing( a contract tor Landscaping at the Seward Iligh School and Authorizing the l:xpandituro from Seward Iligh School Bond Funds" with Memo 78.85 (o) Soldotna High School Award of Bids; to be mailed separately L. OTHER BUSINUSS: (a) Ros. 18-49 "A Resolution Rociassifying; and Creating Fositions in the Nikiski Fire Service Area Piro Department" (b) Res. 78-50 "A Resolution of the Assembly of tno Kenai Peninsula Borough Allocating Positions and Establishing; Pay Ranos for Positions in the Nikiski Piro Service Area Piro Department" (c) Ros. 78.51 "A Resolution Establishing; o R-Friptions and Minimum Qualifications for Positions in the Nikiski lira Service Area Fire Department" (d) Ras. 78.52 "A Resolution of the Assembly or the Kenai Peninsula Borough Reclassifying; Certain Positions in the:Ataintenanco Division of the Public Works Department" 11 ` r � f 't 7 � �♦ 3 IT 11 Af.LidlJA I•tJlt llAY 16, 1D ff I A4,c {e) Us. 78-53 "A Resolution of the A , .embly of the Konai Peninsula Borough Allocating Positions in the Maintenance Division of the Public Works Department and Assigning Salary flanges to Each Position" (f). Res, 78-54 "A Resolution of the Assembly of t e enuf—Peninsula Borough Approving Job Descriptions and Minimum Qualifications for Positions in the Maintenance Division of the Public Works Department" (g) Res, 78-55 "A Resolution of the Assembly of the Kenai Peninsula Borough Reclassifying Positions in the North Peninsula Recreation Service Area" (h) Res. 78-56 "A Resolution of the Assembly of tno Kenai Peninsula Borough Allocating, Positions and Establishing Pay Ranges for Positions in the North Peninsula Recreation Service Area Recreation !Department" (1) Res. 78-57 "A Resolution Establishing -Job »ascriptions and Minimum Qualifications for Positions in the North Peninsula Recreation Service Area Recreation Department" (i) Res. 78-61 "A Resolution Recording Assembly opposition to the Use of Public Monies By the School Board or the School District Administration in Promoting the Passage of School Bond Issues" (k) Ros. 78-62 "A Resolution Protesting the Palluro of the United States Forest Service to Obtain Approval of the Borough for Controlled Burning of Lands Situated Within the Borough" (1) Res. 78-64 "A Resolution to Protest the Use or chemical Ilorbicidos Along Rights -of -Way Within the Kenai Peninsula Borough" (m) Res. 78-65 "A Resolution Authorizlnftt a bettlomont of a Disputed 'fax Liability Between the Kenai Peninsula Borough and the Kenai Lumber Company" (n) Memo re: Proposals for Insurance Broker (o) Senior Citizen Waiver of Time for Filing (Engle) M. MAYOR AND ASSEMBLY. C01biENTS AND DISCUSSION N. PUBLIC PRESENTATIONS 0. INFORMATIONAL MATERIALS AND REPORTS (a) Minutes; 1. KPBSD Financial Report 2. School Board Agenda, 5-15-78 S. School Board "Brief", 5-1.78 4. School Board Minutes, 4-17-78 r 1 r - -.._ Iu0111 A1i�l III III 1 I I I i._ - ■-- ., P - A1110 x:�-'c.•�f� 111 WII I ■ : {La • AGUNUA FOR MAY 16, 1978 Page 4 • S. KPH Plat Committee, 3-6-78 6. O.H.D.P. Rxec. Committee, 4-13-78 7. Hear Crock Fire Hoard, 4-13-78 8. C. P. Hospital Board, 3-9, 4-13-78 (b) Correspondence: 1. Supt. Gallaher re now No. Kenai School 2. Chief Robbins, Dept. of Army ro proposed dock 3. Son. Bradley re SB 550 4. Sen. Orsini re CSSB 599 - S. Mr. Shay, Kodiak, proposed city 6. Planning Director Waring re Rights -o£ -Way over borough land (c) AML Bulletins (d) Liquor License Transfer; Seaview Motel P. NEXT MURTING: BOB May 17, 1978, 9 a.m. and Regular Meeting, June 6, 1978, 7:30 p.m. 11 n 'F .t 1. i� I I� I I• r � • i II I. I 40 L� ------�{-•-- CITY OF KENAI ORDINANCE NO. 400-78 AN ORDINANCE OF THE COUNCIL OF THE CITY 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 258-75 to 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. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR FIRST READING: May '3,• 1978 SECOND READING: May 17, 1978 EFFECTIVE DATB:- June 17, 1978 k l { • IIN Chapter S. Rules and Regulations Governing The Leasing of City -Owned Airport Lands 21.05.010 Lands Available for Leasing 21.05.020 Qualifications of Applicants or Bidders 1 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 21.05.060 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 it the applicant or bidder. a. Is an individual at least nineteen (19) years of age or over; or b. is a group, association, or corporation which to authorized to conduct business under the Laws of Alaska; or i 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- isation, creating such agency. The agent shall represent only r j one principal to the exclusion of himself. The term agent includes real estate brokers and agents. j 21.05.030 Applications r . I. 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- - plate the application. Filing fees are not refundable. IIN 21.05.090 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 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 Rights Prior to Leasini r 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 consider applications for specific lands on a first-come, first -serve basis. Where there is difficulty in ob- taining a perfected application, details as to development plans, ete.. then the Advisory Planning and Zoning Commission may, after due notice to the first applicant, consider a second appliant for the par- ticular lease. 4 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 to assured the right of first refusal of the lease following the determination of a lease rate in accordance with established policy. 21.05.060 Service by Realty Firms and Brokers 1. Realtors shall be entitled to a fee at the time the first payment is made under such lease. Said fee shall be limited to ten percent (10%) of the first year's lease rate or live percent (5$) of each year for the first ' I eve years)at the Broker's option. However, realtors a party to the Y� lease shall not be entitled to a commission. U' 2. Realtors shall treat any listing as they would any other client in regard to advertising, promotion, etc. 3. 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- strictions as may be imposed by the Advisory Planning and Zoning f 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 .. ;1 application. t i� 3 1 - 1 f 1' :i r I } L 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 to the preceding ap- plication procedures, relating to unplatted, unreleased lands. Normal fees shall be due to the realtor on consummation of such a lease. 21.05.070 HiddinF 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, however, shall be subject to all provisions of review and approval established for all other lease applications. 21.05.080 Principles and Policv 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 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. T- r r + _'q . v- - s- 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 other 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 fifty percent (60%) 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 1/10 of i% of revenue from the assessed value of improvements to Airport lands. 4. The redetermination clause limitation outlined in Section 21.08.080, :. Item 2, shall not apply to any lease unless at the next preceding f redetermination period the lease rate had actually been redeterm- ined. N 04 Chapter 10. Provisions Required To Be Inc In All Airport Land Leases 21.10.010 Responsibility to Properly Locate on Leased 21.10.020 Lease Utilization 21. 10.030 Payment of Rental 21.10.040 Adjustment of Rental 21.10.050 Subleasing 21.10.060 Assignments 21.10.070 Modification 21.10.080 Cancellation - Forfeiture 21.10.090 Notice or Demand 21.10.100 Rights of Morgagee or Lienholder 21.10.110 Entry and Re-entry 21.10.120 Forfeiture of Rental 21.10.180 Written Waiver 21.10.140 Expiration of Lease 21.10.150 Removal or Reversion of Improvements Upon Termination of Lease 21.10.160 Rental of improvements or Chattels Not Removed 21.10.170 Sanitation 21.10.180 Building and Zoning Codes 21.10.190 Fire Protection 21.10.200 Inspeotion 21.10.210 Personal Use of Materials 21.10.220 Restrictions and Reservations 21.10.280 Waste and Injury to Land 21.10.240 Warranty 21.10.250 Approval of Other Authorities 21.10.260 Title Restrictions 21.10.270 Liability Insurance t 5 11 I 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 use and terms of the lease, shall constitute grounds for cancellation. 21.10.030 Payment of Rent Rent shall be paid annually in advance. Said payments shall be pro rated to conform with the City of Kenai's fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment exceeds Two Hundred Dollars ($200), then the lessee shall have the option of mak- ing payments on a monthly or quarterly basis. 21,10.040 Adiustment of Rental All leases shall contain the agreement of the lessee to a renegotiation of the annual rental payment every fifth year. 21.10.050 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. .1 7 a •• •' •. � .. . •- -'~--s--•.. -.-- u�l.11 111 1111ll�111!!I®III��.,:�.••_._.o.... �r 21.10.060 Assignments No lessee may assign the lands ]eased 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. 21.10.070 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. 21.10.080 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. 10 8. N 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 (80) 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. f VF I 21.10.090 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 certified mail prepaid wrapper or envelope, addressed as herein- above provided. 21.10.100 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. 21.10.110 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. 21.10.120 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. r a I i 21.10.130 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 lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, or any rent or zany 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 effect such termination, shall not reinstate, con- tinue, or extend the resultant term therein demised, 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. 21.10.140 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. 21.10.150 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 subj eat to said lessees paying to the City pro -rata lease rentals for said period. 9 Ll I 21.10.150 Removal or Reversion of Improvements Upon Termination of Lease 2. It 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 r inure to the lessee preceding if he placed such improvements and/or chattels on the lands after deducting for the City all 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 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. 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. 21.10.180 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. 21.10.120 Sanitation f 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 neatt clean and sanitary con- dition, and every effort shall be made to prevent the pollution of water. r t 0 N E 21.10.180 lluildiw and Zonin 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. 21.10.190 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. 21.10.200 Inspection The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. 21.10.210 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 d, 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. 21.10.220 Restrictions and Reservations The lease shall contain such restrictions and reservations as are neces- sary to protect the public interest. 11 a A IL 21.10.230 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 . 21.10.240 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. 21.10.280 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. 21.10.260 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. 21.10.270 Liability insurance The lessee shall be required to carry public liability insurance in the minimum amounts of 3250,000/$500,000/$100,000. 4 f � t t 21.10.230 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 . 21.10.240 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. 21.10.280 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. 21.10.260 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. 21.10.270 Liability insurance The lessee shall be required to carry public liability insurance in the minimum amounts of 3250,000/$500,000/$100,000. 4 0 Chapter 15. Policy Governing Modifications of Existing l 21.15.010 General 21.15.020 Redetermination Clause 21.15.010 General Leases shall only be modified and then only to that extent be necessary to protect the public's interest. 21.15.020 Redetermination Clause The redetermination clause of existing leases may be adju plication to include the clause of Article 1. Section 8-b, pi minimum insurance coverage clause is also adjusted to rel Article 11, Section 28. 0 f � I t � I t I 0 f. ____ ... — — _ _ i! -- .10) . ".J a/! CITY OF KENAI ORDINANCE NO. 402-78 '—' 's--�a,ialMln III I I III _III 111. 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 WHfREAS, 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 $6.000 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. 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, 1978 Approved by Finance Director: JAA�� j I 1 T_ r ,o.- T— —, a CITY OF KENAI ORDINANCE. NO. 403-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING ARTICLE 1, PLANNING COMMISSION, AND REENACTING AND RENUMBERING IN ITS ENTIRETY CHAPTER 5. ADVISORY PLANNING AND ZONING COMMISSION, TITLE XIV OF THE CODE OF THE CITY OF KENAI, ALASKA. L 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 recodified; and WHEREAS, such language contained in the Code pertinent to the Kenai Advisory Planning & Zoning Commission shall hereby be amended. 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 Menai, 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. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: May 3, 1978 SECOND READING: May 17, 1978 EFFECTIVE DATE: June 17, L978 r T- _- Chapter 5. Advisory Planning a Zoning Commission 14.05.010 Creation, Members, Chairman, Ex-Officlo 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. filing 14.05.060 Fees 14.05.010 Creation. Members, Chairman, Ex -Officio Members, There 1s hereby created a Kenai Advisory Planning and Zoning Com- mission, which shall consist of seven members who shall be nominated by the Mayor and confirmed by the City Council. A chairman and a vice-chairman of the Commission shall be selected annually and shall be elected from and by the appointive members. The Mayor and one Council member elected by the Council as ex -officio members of the Commission and, as consultants, may attend ali meetings, but they shall have no vote. 14.05.020 Duties and Powers, Plans, Recommendations, and Reculations The Commission shall be required to to do the following: 1. Develop, adopt, alter or revise, subject to approval by the City Council, a master plan for the physical development of the City. Such master plan with accompanying maps, plats, charts, des- oriptive and explanatory matter, shall show the Commission's recommendations for the development of the City territory and may include, among other 'things: a. Development of the type, location and sequence of all public improvements. b. The relocation, removal, extension or change of use of exist- ing or future public ways, grounds, spaces, buildings, properties, and utilities. I - s i 14.05.020 Duties and Powers, Plans, Recommendations, and Regulations, 1. (continues!) e. 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'al- 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. 8. Perform such duties and exercise such powers as may be dole - 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. ii. 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 neces- sary 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 shall be con- stracted in which year. S. 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. S. 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. E i _Y_ _ ___ _ - --- - -- -. -----.....-- SRII I I A1111- 14.05,020 Duties and Powers, Plans, Recommendations, and Kegulntiono (oont,d) 9. Make investigations regarding any matter rolnted 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 portinent 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 18.55.900 (Slum Clearance and Redevelopment Act), and future amendments. 14.05.030 Terms and Anvointments 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 commenco 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 Um 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 Os 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 nail and void. i ILI — T — — -- r -- _1 14.05.050 Proceedings of Commissi4,Rales , t)pon Neetint±s. Record. The Commission sha/establish rules pf procedure. provided i shall be a regularly monthly meetin of the Commission, s1 hicl be open to the public. Permanent records or minutes shall be of the Commission's proceedings and such minutes shall recon vote of each member upon every question. Every decision or i shall immediately be filed in the office of the City CIerk, and s be a public record open to inspection by any person. 14.08.080 Fees In order to defray the expenses connected with the considerati of applications for variances and conditional use permits, the a son presenting the application shall pay to the City Clerk a fee the amount of $100. Whether an application is granted or deni4 the Commission, the petitioner or applicant shall not be entitle the return of the fee paid. E I . e j F t f � i i r t A y `1 . , T ,..-- r - -1% 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 TITLE It, ANTI -RECESSION REVENUE SHARING FUNDS WHEREAS, Resolution 7688 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. 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: General Fund . Estimated Revenues: Transfer from Anti -Recessionary Special Revenue Fund $4,430 Appropriations: Communiciations - Office Supplies 880 Police Department - Small Tools a Minor Equipment 300 Police Department - Miscellaneous 625 Library - Office Supplies 1,125 Library - Books a Other Library Materials 11500 Special Revenue Fund Estimated Revenues: Public Works Employment Act of 1976 4,430 Title II, Anti -Recession Revenue Sharing Appropriations: Transfer to General Fund 4,430 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. this 17th day of May, 1978. VINCENT ©'REILLY. MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: May 3, 1978 SECOND READING: May 17, 1978 EFFECTIVE DATE: June 17, 1978 Approved by Finance Director: , AGENDA KENAI CITY COUNCIL - REGULAR AIVET1NG A1AY 3, 1978 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. HEARINGS 1. Ordinance 398-78, increasing estimated revenues a appropriations in the amount of $7,237 for Title H. Anti-reeesoion Revenue Sharing Funds 2. Ordinance 39#48. increasing estimated revenues t appropriations by $24,438 In the General Fund - proceeds from auction of City surplus equipment 3. Ordinance 401-78. declaring surplus old Sewage Treatment Plant. levo shallow well buildings. and all related equipment and materials 4. "Kenai Sewerage Facilities Plan" C. PERSONS PRESENT SCHEDULED TO BE BEARD 1. Ron Halston - use by public of City owned facilities Z. Robert'Britt - Assignment of Lease 3. Phil Bryson - Peninsula Oilers Master Plan - Recreation Site 4. Scott Petersen - send in City water D. MINUTES 1. Minutes of the regular meeting of April 26, 1978 H. CORRESPONDENCE 1. Cook blot Council on Alcoholism 3, Alaska Aeronautical Industries, Inc. !. OLD BUStNE88 1. Ordinance 400-78, establishing policies a procedures - lease of City Airport lands 3. Resolution 76-58, requesting release by FAA of certain Airport lands 3. Amendment to leans - Vests Leigh for car rental space 4. :Mae of City owasd lands - Phil Bryson and Craig. Frees S- Lease of land adjacent to bat ramp eras - R. L. Roper d/b/a Marine Products 8. Determination of responalbllity -Private property damaged by contractor 0. NEW WOMBS11 1. Bilis to be paid. bills to be ratified 3. Ordinance 402-78, Appropriating $5,000 from Water/Sewer Revenue Fund for engineering cervices relating to interim improvements to Sewer Treatment Facility S. Ordinance 403-78. Kenai Advisory Planning and Zoning Commission 4, Ordinance 404-78, increasing estimated revenues 6 appropriations in the amount of $4,430 for Title it, Anti-reaesslon Revenue Sharing Funds S- 2e0010011 9843, transfer of funnd@ (Pollee Dept.) - $1,000 to provide funding hr replacement of portablo radio that was stolen 4. Resolution 78-74, transfer of funds (Legal) $200 to provide pertfal funding for depleted office supply fiend T. Resolution 78-75, establishing deadline for submission of materials to be considered at regular Council meeting I. Resolution 78-78, transfer of funds (Fire Reservoir Project 07-51-20074) - $2.500 9, Resolution 78-77, transfer of funds - $1,800 replacement of stage in Ft. Kensy 10. Statement 410 - TRA/Farr - Airport Master Pian Study - $8.535.68 B. Statements - CH2M Hill - (STP - $162.50 s $63.08), (Pacilltles Plan - $4.795.53 a $0,853.37), (1/1 Study - $3,200 a $8,824.22) 32- Peat, Narwtok, Mitchell & Co. - Council on Aging/Nutrition Program Audit, $2,000 It. Alaska Chrysler, Inc. - $10,918 for purchase of two police circ 14. Lease of City owned lands - Thomas Ackerly/Patrick O'Connell 15. Discussion - HUD Small Cities Grant 16. Discussion - CE1P Water/Bower Grant - $150,000 17- Discussion - EDA - Water a Road Projects surplus grant funds 1$. Discussion - CEIP - Roads - $30,000 10. Discussion - EDA - Airport Terminal Arctic Doors 80- Discussion - Lease of City owned Londe - Serendipity H• Ratification - Contract with Project Managers of Alaska - inspection of Projects H. REPORTS 1, PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I 0 I I { i , AGENDA KENAI CITY COUNCIL - REGULAR AIVET1NG A1AY 3, 1978 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. HEARINGS 1. Ordinance 398-78, increasing estimated revenues a appropriations in the amount of $7,237 for Title H. Anti-reeesoion Revenue Sharing Funds 2. Ordinance 39#48. increasing estimated revenues t appropriations by $24,438 In the General Fund - proceeds from auction of City surplus equipment 3. Ordinance 401-78. declaring surplus old Sewage Treatment Plant. levo shallow well buildings. and all related equipment and materials 4. "Kenai Sewerage Facilities Plan" C. PERSONS PRESENT SCHEDULED TO BE BEARD 1. Ron Halston - use by public of City owned facilities Z. Robert'Britt - Assignment of Lease 3. Phil Bryson - Peninsula Oilers Master Plan - Recreation Site 4. Scott Petersen - send in City water D. MINUTES 1. Minutes of the regular meeting of April 26, 1978 H. CORRESPONDENCE 1. Cook blot Council on Alcoholism 3, Alaska Aeronautical Industries, Inc. !. OLD BUStNE88 1. Ordinance 400-78, establishing policies a procedures - lease of City Airport lands 3. Resolution 76-58, requesting release by FAA of certain Airport lands 3. Amendment to leans - Vests Leigh for car rental space 4. :Mae of City owasd lands - Phil Bryson and Craig. Frees S- Lease of land adjacent to bat ramp eras - R. L. Roper d/b/a Marine Products 8. Determination of responalbllity -Private property damaged by contractor 0. NEW WOMBS11 1. Bilis to be paid. bills to be ratified 3. Ordinance 402-78, Appropriating $5,000 from Water/Sewer Revenue Fund for engineering cervices relating to interim improvements to Sewer Treatment Facility S. Ordinance 403-78. Kenai Advisory Planning and Zoning Commission 4, Ordinance 404-78, increasing estimated revenues 6 appropriations in the amount of $4,430 for Title it, Anti-reaesslon Revenue Sharing Funds S- 2e0010011 9843, transfer of funnd@ (Pollee Dept.) - $1,000 to provide funding hr replacement of portablo radio that was stolen 4. Resolution 78-74, transfer of funds (Legal) $200 to provide pertfal funding for depleted office supply fiend T. Resolution 78-75, establishing deadline for submission of materials to be considered at regular Council meeting I. Resolution 78-78, transfer of funds (Fire Reservoir Project 07-51-20074) - $2.500 9, Resolution 78-77, transfer of funds - $1,800 replacement of stage in Ft. Kensy 10. Statement 410 - TRA/Farr - Airport Master Pian Study - $8.535.68 B. Statements - CH2M Hill - (STP - $162.50 s $63.08), (Pacilltles Plan - $4.795.53 a $0,853.37), (1/1 Study - $3,200 a $8,824.22) 32- Peat, Narwtok, Mitchell & Co. - Council on Aging/Nutrition Program Audit, $2,000 It. Alaska Chrysler, Inc. - $10,918 for purchase of two police circ 14. Lease of City owned lands - Thomas Ackerly/Patrick O'Connell 15. Discussion - HUD Small Cities Grant 16. Discussion - CE1P Water/Bower Grant - $150,000 17- Discussion - EDA - Water a Road Projects surplus grant funds 1$. Discussion - CEIP - Roads - $30,000 10. Discussion - EDA - Airport Terminal Arctic Doors 80- Discussion - Lease of City owned Londe - Serendipity H• Ratification - Contract with Project Managers of Alaska - inspection of Projects H. REPORTS 1, PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT I 0 . mill ii. i V F'I KENAI CITY COUNCIL - REGULAR MEETING MAY 3, 1978 - 7: 00 P.M. P")KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE i A. ROLL CALL Present: Ron Malston, Vincent O'Reilly, Dan Whelan, Tom Ackerly and Betty Glick Absent: Phillip Aber AGENDA APPROVAL Council approved the addition of Scott Petersen, Sheffield House (Sar under item C-4, Persons Present Scheduled to be Heard MOTION: Councilman Whelan moved, seconded by Councilman Ackerly, that if 1 of the Council is not completed by 12: 00 midnight, Council will recess Thursday, May 4th. el Motion passed unanimously by roll all vote. B. PUBLIC HEARINGS B -h Ordinance 398-78. Anti -recession revenue sharing funds Mayor O'Reilly read Ordinance 398-78 by title only. "An ordinance of the City of Kenai increasing estimated revenues and appropriations of $7,237 for Title II, Anti -recession Revenue Sharing Funds." Mayor O'Reilly opened the hearing to the public. There was no comm MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Ordinance 398-78, increasing estimated revenues and appropriations in the amount of $7,237, Anti -recession revenue sharing funds. Motion passed unanimously by roll call vote. I 4 f r May 3. 1978 - Page 2 0-2: Ordinance 399-78, increasing appropriations/revenues - $24,438 Mayor O'Reilly read Ordinance 399-78 by title only. "An ordinance of the Col City of Kenai increasing estimated revenues and appropriations by $24,438 in Fund from proceeds of auction of City surplus equipment and materials." 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 399-78, increasing estimated appropriations and revenues by $24, - General Fund. Motion passed unanimously by roll call vote. 8-3: Ordinance 401-78, declaring certain Citv buildings a related equipment surpl Mayor O'Reilly read Ordinance 401-78 by title only. "An ordinance of the Coi the City of Kenai declaring the old Sewage Treatment Plant, two shallow well and related equipment and materials as surplus." Mayor O'Reilly opened the hearing to the public. There was no comment. " �aMOTION: Councilman Ambarian moved, asoonded by Councilwoman Glick, for adoption Ordinance 401-78, declaring the above named buildings and related equipmei materials surplus. 1 4, 4 3� 1 Motion passed unanimously by roll call vote. C, PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Ron Malston - use by public of City owned facilities Mr. Malston advised Council that a letter written by City Clerk Sue Peter to Pamela Knode relative to use of the Public Safety Building by the Small Busir Administration was submitted to him for consideration. Mr. Malston stated t1 took offense to the fact that the SBA was not allowed to use the facility as the advised by the City Clerk that the facility was no longer available for their u any other City buildings available. Mr. Malston advised that the City Clerk the reasons for this action in that the Fire Chief requested that the SBA be ai that they could no longer use the facility as it was causing considerable diff In that,the representatives would not show up for appointments, the switchlu.___ ..__ being plagued with telephone calls and in addition, the Fire chief advised that during the last rating by ISO points were assessed against the City for multi use of the Fire Station. Mr. Malston stated that he felt the City facilities should be available to Federal and State agencies when they were in the area to assist the citizenry. Councilman Ambarian reminded Council that the City still maintained control of the old library building and suggested that this facility be considered so that use of the Public Safety Building would not interfere with the Public Safety personnel. Councilman Whelan stated that he would agree. however, he felt the public should be accommodated. May 3. 1878 - Page 3 MOTION: Councilman Malston moved, seconded by Councilman Whelan, that the City accommodate any governmental agency that is requiring a facility to assist the taxpayers of the greater Kenai area and further that the City personnel aid them in finding a facility in which to meet & U denial of any request is being considered, that the matter be presented to Council for consideration. Motion passed unanimously by roll call vote. Councilman Ambarian suggested that in the future, use of Ft. Kenay, the Old Library Building or the conference room in the new Library be considered. C-2: Robert Britt - Assignment of Lease Mr. Britt advised Council he intended to sell the Soapy Beaver Car Wash and assign the lease of the land during the transaction. Mr. Britt reported that the use of the leased area would be amended somewhat and the parties had taken the matter to the Planning Commission for approval -- which was extended at the last meeting of the Commission. Mr. Britt requested approval of assignment of lease and also for amend- ment to the existing lease to show -the addition of a sales office and new and used car sales lot as well as the car wash. Councilman Whelan inquired if the City Attorney had reviewed the matter and was advised that he had not. Mr. Wise reported that Administration would be preparing an amendment to the lease as well as an assignment for presentation to Council. MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, for approval of assignment of lease from Robert Britt dba Soapy Beaver Car Wash and to amend such lease to reflect use of the facilities to include a sales office building and new and used car sales lot in addition to the car wash. Motion passed unanimously by roll call vote. C-3: Phil Brvson - Peninsula Oilers Master Plan - Recreation Site Mr. Bryson advised that the proposed master plan was still in the preliminary stages and will be presented to the Planning Commission at their next regular meeting for review and a public hearing held for input. Councilman Ambavlan reminded Council that in former public hearings there was much opposition to access from Linwood Lane because of the increased traffic, etc. Mr. Wise stated that he felt the football fields should be developed as soon as possible and also suggested that because of the scope of the project, the City would need a systematic (phase) plan for development. Councilman Ackerly advised that there has been a great deal of interest in donating volunteer labor for the development of the proposed facility. Mr. Wise also stated that there may be approximately $10,000 in bond monies available. Councilwoman Glick commented that in order to alleviate traffic congestion, access to the facility will have to be opened. Mayor O'Reilly agreed and stated that perhaps the property owners will have to accept the reality of access to the park facility. Councilman Ackerly stated he would like to see the public hearing set as soon as possible. Mayor O'Reilly advised that the proper procedure to that the matter will go before the Planning Commission and upon their recommendation could be presented to the Council in June g. - May 3, 1978 - Page 4 C-4: Scott Petersen - Sand in Citv water Mr. Petersen advised Council that he is in charge of maintenance at the Sheffield House and on several occasions there is so much sand in the water that it is causing a great deal of plumbing problems and excessive problems to their boiler equipment which is becoming quite costly. Mr. Petersen advised that in the past a method of clearing the situation was that the City would flush the hydrants. Public: Works Director Keith Kornelis stated that his department did not have an answer to the problem at this time.City Manager Wise reported that the situation appeared to be a series of problems in that Well #1 caused a great deal of build-up, sediment. etc. and the pressure from Well #2 stirred up the build-up and caused it to break -away. Mr. Wise stated that the City would flush the hydrants five days a week to give the Sheffield House some relief. Mr. Petersen stated that the City has been on Well 02 for at least two weeks and the problem with the sand had just been increasing within the past couple of days. After considerable Council discussion. Administration was directed to submit a report to Council by Monday relative to this problem. Councilman Whelan stated that in the event the flushing of hydrants is not effective to alleviate some of the problem, the City should investigate the possibility that the well is defective. D. MINUTES D-1: Minutes of the regular meeting; of April 20, 1978. i f City Clerk Sue Peter advised that the minutes had been amended to include (on page 8) the following: 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 12.5% or approximately $454, 000 for the construction of a new facility. Minutes stood approved as amended. E. CORRESPONDENCE E -b Cook Inlet Council on Alcoholism Mayor O'Reilly acknowledged receipt of correspondence from the Cook Inlet Council on Alcoholism in which they requested a contribution of approximately $3, 000 from the City. Councilman Ambarian suggested that the request be forwarded onto the Borough and submitted for their consideration by the Council's representative to the Assembly. Council so concurred. E-2: Alaska Aeronautical industries, Inc. Mayor O'Reilly read correspondence received from Rachel Gibson, Station Manager for AAI , who requested Council authority to proceed with repair of the two large over- head freight doors. Mrs. (Sibson advised that the doors are not operating at this time which jeopardizes their security system at night as well as preventing access to the k4 incoming planes. 1 { 1� 1 r7 r - L 11 1� r F�mwww -7- May 3, 1978 - Page 5 • Mr. Wise reported that the Council was polled on an earlier occasion and the request failed by those members polled. 51r. Wise also advised that the Terminal budget did not have the funds available and the cost would be approximately $3, 000. Councilman { Malston stated that as a lessee of the Airport and of City facilities, the City should Provide maintenance on equipment, etc. that is not operable. Councilman Whelan stated the City is most likely in violation of the lease agreement -- this comment was confirmed by the City Attorney. MOTION: Councilman Malston moved, seconded by Councilman Whelan, that the Council authorize the required repair of the overhead doors in the Airport Terminal Building which will constitute a deficit spending of funds in the Airport Terminal Fund until such time this fund has been assessed as to new revenues received. Motion passed unanimously by roll call vote. Councilman Ambarian requested that the High School be contacted to repaint the repaired doors to coincide with the mural on the face of the building. E-3: Petition from residents in Woodland Mayor O'Reilly acknowledged receipt of a petition from residents in the Woodland Subdivision requesting that the City post and enforce the speed limit in Woodland. PUBLIC HEARING � B-4: "Kenai Sewerage Facilities Plan" _i Mayor O'Reilly introduced Mr. Loren Lehman with CH2M Hill who supervised the Sewer Plant Study. Mr. Lehman explained that the purpose of the study was to fulfil the requirements of the law and secondly, to get input from the public. Mr. Lehman . huther stated that his firm had had a great deal of input from the City staff and Council over the past year relative to the study. Mr. Lehman explained that the study started two years ago when the plant was discharging effluent which was not acceptable. The study was a three stage process -- the purpose of the facility plan was to come up with. a cost effective solution and also must be environmentally sound. Planning area did = include all of the City of Kenai and area known as Wildwood. Scope of the study included Infiltration/inflow analysis - flow particularly high during break-up times and the results indicated good reason to believe there were inflow places close to the Pao Uity . A grant received by the City allowed for smoke testing to determine storm connections or illegal hookups and ten sources were located as a result of the testing. Final step in Facility Plan was interceptors sewers and upgrading the Sewage Treatment Plant. Design forecast show population projections for 1990 for an anticipated 13,500 and for the year 2000, 19,000 -- Mr. Lehman also submitted figures on average flow and peak flow for those years and collection alternatives and which areas would be overloaded. - Mr. Lehman advised of the following: treatment alternatives -- what are implications if the City does nothing -- would continue to be in a state of violation of discharge I permit on occasion. Mr. Lehman reported on the following items for STP upgrading: I 1) aeration basins (minor modifications) - tank in which the waste water flows into where the air is added, 2) clarifiers - most serious drawback at plant and new clarifiers y will be necessary, 3) aerobic digester, 4) sludge dewatering and septic dump or N I May 3. 1978 - Page 6 area where septic tank pumpers can pump. Evaluation of alternatives: economic -- how much does it cost?. engineering -- what is required?, environmental -- what are effects on environment?, etc. Mr. Lehaman advised that some of the environmental assessments of the proposed modifications could possibly mean a reduction of potential health hazard, interceptor construction with road ROW and STP improvements at existing site. Mr. Lehman submitted a recommended plan for 1979 which would include upgrading the Sewer Treatment Plant. interceptors (Central Kenai Bypass with a tentative financial program with a local share (representing 1/8th of total) of $454, 000 and a total annual cost of $288, 000 (local share) . Estimated user charges would be residential - $13/month and commercial - $1.30/1,000 gal. Mr. Lehman did state that the City is only #17 on the list for grant funds. Mr. Lehman opened the hearing to Council and the public for questions and comments. Councilman Ambarian inquired If the $13/month user charge would be for the improvements only and was advised by Mr. Lehman that it includes improvements and existing charges. City Manager Wise inquired if the upgrading of STP and initial interceptors construction ouId be eilgib a for EDA and DEC aid and was advised that it would. C Manage Ise also inquired of Mr. Lehman if based on the flow would the City not ne eiigibile primary treatment? Mr. Lehman stated that it would be adequate to protect the environment and meet the needs of the City. however, EPA does not always see it that way and have indicated that Kenai would not be considered for a waiver for primary treatment. Mayor O'Reilly 'stated that he understood that Anchorage would be receiving a waiver and suggested that City challenge EPA on this particular issue. Mr. Lehman stated that Anchorage has not yet received the waiver, however, they feel assured that it will be forthcoming and it may be worth the City's effort in corresponding with EPA on the subject. Mr. Lehman advised that the public and Council now had thirty days from the public hearing in which to comment in writing on the plan -- then the plan may be finalized and formally adopted. Mr. Lehman further stated that perhaps it would also be k „ , justified during this period to contact EPA relative to the issue of primary treatment. Public Works Director Keith Kornelis advised Council that he had discussions with -EPA on the primary treatment situation and they advised that Anchorage would be considered for a waiver as they had several things Kenai does not have such as outfall into the Inlet and not near a river, etc. Council directed Administration to look into the matter further. F. OLD BUSINESS F-1: Ordinance 400-78, establishing policies a procedures - lease of Airport lands MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, to bring the matter of Ordinance 400-78 back to the Council table for consideration. Motion passed unanimously by roll call vote. r f May 3, 1878 - Page 7 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 400-78, establishing policies & procedures for lease of Airport lands. Councilman Ackerly stated he would like to see an option included wherein the lessee had the choice as to how they would like to make the payments -- monthly, quarterly, or annually. Councilman Ambarian also requested that the ordinance be amended to include under 21.05.020(e) the term "Agent" includes Brokers and Real Estate Agents; 21.05.060 (1) realtors shall be entitled to a fee at the time of first payment is made under such lease and also Councilman Ambarian questioned (21.05.080) the Council putting a "cap" on this type of lease even though the requirements are such by financial institutions, however, the Council does have an obligation to the tax payers of the City. Mayor O'Reilly stated that he too felt there was a need for some type of amendment to this particular section and presented his suggestion which offered in alternative to the lessee of either a percentage increase at five year intervals or a percentage of the gross receipts collected by the lessee from their operation on the leased property. Councilman Ackerly stated he would not agree with the concept of the additional book- keeping involved in collecting gross receipts plus it is not the City's business to audit private business. Councilman Ambarian also commented on the fact that the present Council cannot obligate future Councils in any way. After considerable Council discussions relative to the legality of placing a cap a other methods of establishing a fair and equitable renegotiation rate, the following action was taken. Mayor O'Reilly requested that Vice Mayor Whelan assume the chair. MOTION: Mayor O'Reilly moved, seconded by Councilwoman Glick, to include the amendment as drafted and presented to Council, 521.050.080 from item #2 forward and deleting the reference to 30%. City Attorney Sehlereth advised that the amendment is allowing either normal leasing procedures or the alternative of #1 or #2 in the amendment. In order to protect the City, City Attorney Sehlereth pointed out that #3 will assist in the possibility of a shortfall by the City appropriating a percent of revenue from the assessed value of improvements to Airport lands. Councilman Ambarian again questioned the legality of the Council setting a'mill rate. Finance Director Kinney advised Council that he had done some research in the matter and picked leases to use as subjects that the City had had for some time. Mr. Kinney stated that the examples will show renegotiation at the end of five yrs. which doubles the rate. Therefore, if a "Cap" is placed on the rate it will show that in all cases the contribution from the General. Fund increases and in some cases is in excess of what the lessee is paying. QUESTION: Failed by tie vote. Voting not Whelan, Ackerly and Ambarian. Voting yes; Matson, O'Reilly and Glick. f T -f P i May 3, 1878, Page 8 i ( MOTION: Councilwoman (click moved, seconded by Mayor O'Reilly, to table Ordinance 400-78 ` as several areas within the ordinance need to be clarified. Motion to table failed. Voting no; Malston, O'Reilly, Whelan and Ackerly. Voting ye Ambarian and Glick. MOTION: Councilman Whelan moved, seconded by Councilman Malston, to amend Ordinance 401 121.05. 080 (2) by changing the rate under limitations from 30% to 50% with a 10% increase per year. }04-1� Councilman Whelan stated that he felt a 50% "cap" is a fair coAination as the City mu encourage investment in the City and will derive much benefit through taxes, etc. QUESTION; Passed unanimously by roil call vote. Counen requested Administration present a recommendation at the next regular meet relative to the mill rate provision and research the question as to whether or not a percentage figure might not be more legally acceptable. QUESTION - MAIN, AS AMENDED Motion passed unanimously by roll call vote. F-2: Resolution 78-56, requesting release by FAA of certain Airport lands Mr. Wise advised that after consideration by the Planning Commission, it was their request that the City obtain the services of a design firm to prepare a development l plan. Mr. Wise stated he felt their request should be denied as this was not the intent of the requirement by the FAA. — Councilman Ambarian stated that what the Council is looking for from the Planning Commission is to give some guidelines as to how they want to see the area developed and requested that the matter be taken back to the Planning Commission with perhaps a more detailed explanation as to what the Council is requesting. Mr. Wise also requested Council approval for obtaining the services of Frykholm & Associates to provide an appraisal. j MOTION: Councilman Ambarian, seconded by Councilman Malston, that the City obtain the services of Frykholm & Associates for appraisal of the area in question. .i Motion passed unanimously by roll call vote. V-3: Amendment to lease - Vesta Leigh for car rental space MOTION: Councilman Ackerly moved, seconded by Councilman Ambarian, for approval of t, i - r i 0 May 3, 1978, Page 9 amendment of lease, Vesta Leigh d/b/a Bear's Lair, to include under purpose the operation of a Ford Rent-A-Car agency and by amending page one, paragraph (c) to read that "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." MOTION - AMENDMENT Councilman Ambarian moved, seconded by Councilman Whelan, to amend the motion to include under page 2, paragraph #6, the following: Ford Rent-A-Car shall have the right to use parking space as designated by the Airport Manager for not more than ten (10) vehicles. Motion passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. Councilman Malston also inquired if the City Attorney would review the Bear's Lair lease for possible amendment to allow other newspapers to be sold in the Terminal in an area outside of the Bear's Lair lease space. F-4: Lease of Citv owned lands - Phil Bryson and Craig Freas As there was much difficulty involved in the proposed lease by Mr. Bryson and Mr. Frees they requested that their lease application be amended to request lease of Lot 4, Block 2, Fidalgo . MOTION: Councilman Ambrian moved, seconded by Councilman Whelan, to approve concept of lease of Lot 4, Block 2, Fidalgo by Phil Bryson and Craig Freas and that the matter be presented to the Planning Commission for their review. - Motion passed unanimously by roll call vote. F -S: Lease of land adjacent to boat ramp area - R. L. Roper Mr. Wise advised that it would be necessary to have the area appraised. k - MOTION: Councilman Ackerly moved, seconded by Councilman Ambarian, for authorization • .� for Administration to proceed with the appraisal of the area in question. Motion passed unanimously by roll call vote. F-6: Determination of responsibility - private property damaged by contractor Public Works Director Keith Korneiis met with the contractor (KIMCO) and they have agreed to bring in the necessary equipment and scrape off the sand and make repairs to the damaged mail box for Mr. and Mrs. Call. The Public Works Director also contacted the Calls and they are agreeable with the arrangement. �I May 301978, Page 10 G. NEW BUSINESS i 0-1: Bills to be paid - bills to be ratified MOTION: Councilman Whelan moved, seconded by Councilman Aekerly, for approval of bills to be paid and items for ratification. Motion passed unanimously by roll call vote. 0-2: Ordinance 402-78,, Interim Improvements to Sewer Treatment Facility Mayor O'Reilly read Ordinance 402-78 by title only. "Appropriating $5,000 from Water & Sewer Revenue Fund, reserve for future plant expansion for engineering services, relating to interim improvements to the Sewer Treatment Plant Facility." MOTION Councilman Ackerly moved, seconded by Councilman Whelan, for introduction of Ordinance 402-78, appropriating $5,000 from W/S revenue fund for interim improvements to the Sewer Treatment Plant facility. Motion passed unanimously by roll call vote. 0-3: Ordinance 403-78, Kenai Advisory Planning and Zoning Commission Mayor O'Reilly read Ordinance 403-78 by title only. "repealing Article 1, Planning i Commission, and reenacting and renumbering in its entirety Chapter 5, Advisory Planning and Zoning Commission, Title XIV of the Code of the City of Kenai." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of ._:._ .. Ordinance 403-78, Kenai Advisory Planning & Zoning Commission. Motion passed unanimously by roll call vote. 0-4:Ordinance 404-78, Title II, Anti -recession Revenue Sharing Funds Mayor O'Reilly read Ordinance 404-78 by title only. "Increasing estimated revenues and appropriations in the amount of $4,430 for Title II, Anti -recession Revenue Sharing Funds." f` MOTION: - Councilman Malston moved, seconded by Councilman Ambarian, for introduction of Ordinance 404-78, Anti -recession funds in the amount of $4,430. Motion passed unanimously by roil call vote. 00-5: Resolution 78-73, transfer of funds - Police Department Mayor O'Reilly read Resolution 78-73 - transfer funds within the 1977-78 General Fund Budgdt from Police/Operating Supplies - ($1,000) to Police/Machinery & Equipment - $1,000 M May 3, 1978, Page 11 r z.. - 1 for the purpose of providing partial funding for the replacement of a portable radio that was stolen." MOTION: Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of Resolution 78-73, transferring of funds in the amount of $1, 000 - Police Department Budget. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. O-8: Resolution 78-74, transfer of funds - Legal Department Mayor O'Reilly read Resolution 78-74 - transfer of funds within the 1977-78 General Fund Budget from Legal/transportation - ($200) to Legal/Office Supplies - $200 for the purpose of providing partial funding for the depleted office supply fund. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarlan moved, seconded by Councilwoman Glick, for adoption of Resolution 78-74, transfer of funds in the amount of $200 within the Legal Department Budget. Motion passed unanimously by roll call vote. 0-7: Resolution 78-75, establishing deadline for submission of packet materials Mayor O'Reilly read Resolution78-75 by title only. "establishing a deadline for the submission to the Council at regular Council meetings of materials to be considered at the meeting." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Whelan moved, seconded by Coueilwoman Glick, for adoption of Resolution 78-75, establishing deadline for submission of packet materials to the Council on Fridays preceding the Council meetings. Motion passed unanimously by roll call vote. 0-8: Resolution 78-78, transfer of funds - Fire Reservoir Project 07-51-20074 Mayor O'Reilly read Resolution 78-76 by title only. "be it resolved that the following transfer of monies be made within the Capital Project Fund entitled "Fire Reservoir Project 07-51-20074" in the -amt. - of $2,500 as established by Ordinance 360-77." 40 Mtiy 3. 1974 Page 12 Mayor O'Reilly opened the meeting to the public. There was no comment. City Manager Wise advised the purpose of this resolution was to transfer funds to allow for re -location of an FAA power cable. MOTION: Councilman Whelan moved, seconded by Councilman Malston, for adoption of Resolution 78-76, transfer of funds within Fire Reservoir Project 07-51-20074 in the amount of $2, 500. Motion passed unanimously by roll call vote. 0-9: Resolution 78-77, transfer of funds - replacement of stove in Ft. Kenai Mayor O'Reilly read Resolution 78-77 - transfer of monies within the 1977-78 General Fund in the amount of $1,800 from Finance/Professional Services to Non -departmental/ Machinery a Equipment for the purpose of funding a replacement stove in Ft. Kenay." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 78-77, transfer of funds in the amount of $1, 800 for a new stove for Ft. Kenny. Motion passed unanimously by roll call vote. 0-10: Statement #10 - TRA/Farr- Airport Master Plan Studv MOTION: Councilwoman Glick moved, seconded by Councilman Whelan, for approval of payment in the amount of $8,535.66 to TRA/Farr for Kenai Airport Master Plan Study Motion passed unanimously by roll call vote. G-11: Statements - CH2M Hill MOTION: Councilman Aekerly moved, seconded by Councilwoman Glick, for approval of payment to C112M Hill for the following: STP - $162.50 and 63.98; Facilities Plan - $4,795.53 and $9,853.37; 1/1 Study - $3,200 and $2,624.22. Motion passed unanimously by roll call vote. 0-12: Peat, Marwick, Mitchell a Co. - statement for services rendered. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for approval of payment in the amount of $2, 000 - progress billing on 1976-77 Council on Aging 4 T — �' ... •.. : ... _ `, i iiia u J May 3, 1978. Page 13 Program and 1977 Nutrition program and progress billing on Public Libre Grant Project No. 76-1. Motion passed unanimously by roll call vote. 0-13: Alaska ChrVsler, Inc. - purchase of two police cars City Manager Wise reported that there were some problems in final accel one of the police cars by the shop foreman and police chief and recomme of payment contingent upon settling of the matter. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for apprc payment in the amount to $10,818 to Alaska Chrysler contingent upon ace of the one police car by the police chief and the shop foreman. Motion passed unanimously by roll call vote. 0-14: Lease of City owned lands - AckerIWO'Connell Mr. Wise advised that the lease form document had not yet been signed i therefore request the matter be tabled. NOTION: � Councilman Whelan moved, seconded by Councilwoman Glick, to table tl �. •J City owned lands - Ackerly/O'Connell until such time the lease has bees and submitted to the City Council for review. Motion passed unanimously by roll call vote with Councilman Aekerly abstaining. 0-15: Discussion - HUD Small Cities Grant Mr. Wise reported that the City had received correspondence relative to the matter and recommended that the City not pursue the situation any further as it appears not to be a viable program at this time. Council so concurred. 0-16: Discussion - CEIP Water/Sewer Grant - $150,000 Mr. Wise advised Council. that it was pertinent to determine what projects would be considered in order to proceed with securing engineers, etc. Council committee, consisting of Councilmembers Ambarian, Glick and Malston were asked to review the matter and report back to Council. R - May, 3, 1978, Page 14 i G-17: Discussion - EDA - Water and Road Projects surplus grant funds s 00Council committee will also review this matter at the same time they discuss the CEIP grant. 0-18: Discussion - CEIP - Roads - $30.000 Mr. Wise advised that the City will receive $30,000 toward road planning and also _ reported that some of these funds could be used for the TOPO study. 0-19: Discussion - EDA - Airport Terminal Arctic Doors Mr. Wise advised that EDA contacted the City to inform us that additional funds were $ now available and EDA has approved 80% funding which would then obligate the City to some $12,000. Mr. Wise asked for Council guidance. MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, for approval to commit the City to $12, 000 for funding of the Arctic Doors Project for the Airport Terminal. ��� Finance Director Kinney advised Council that it was Itef time to set priorities as the fund balance in the Terminal Budget was not ample and it will take research to secure the proper funding. '7�auBSTION: Motion passed unanimously by roll call vote. r ' E ! 0-20: Discussion - Lease of City owned lands - Serendipity iMr. Wise advised that the lease by Serendipity had been received and the City staff -' is just beginning to review the document. Mr. Wise reported that there were some significant deviations from the standard lease form and would recommend a work session - of the Council to review the lease. -21: Ratification - contract with PMA - Inspection of City vroiects MOTION: } Councilman Ambarian moved, seconded by Councilwoman Glick, that Project Managers -- be contacted -and requested, to resubmit their proposal and to redefine the construction - , schedule, actual costs for surveying, soil testing, concrete testing and radiographic ='f examination, etc. and to submit this information to the City no later than Monday, ' r May 8th and if not the City will proceed with obtaining the services of another firm. Motion passed unanimously by roil call vote. t .. H. REPORTS H-1: City Manager's Report (a) Mr. Wise reported that he had received a call from FAA indicating that they will be 4 f May 3, 1978, Page 15 able to fund the resurfacing of the runway and purchase of snow removal equipment i ^ for the Airport and Administration would request from Council Committee to make - a recommendation to proceed with engineer estimates, etc. for the project. MOTION: Councilman Ambarian moved, seconded by Councilman ItIalston, that as the committee had reviewed the applications of several engineering firms months previous and upon consultation by the Committee, to recommend C112A1 Hill for the project. n a Motion passed unanimously by roll call vote. (c) BLM - Mr. Wise reported that representatives from BLM had contacted City Hall and would like to bring a plane in for fire fighting service and would like to have the plane parked on the Airport. Mr. Wise recommended that the plane be based to the north of the Terminal on the ramp until September let. Mr. Wise also reported that BLM would like to enter into a long term lease with the City for a permanent facility and would present their plan to the Planning Commission. Council so concurred. (d) Foreclosed properties ordinance - Councilman Whelan requested that the ordinance be presented to Council at their next regular meeting to proceed with the request of Mr. Bryson and Mr. Freas to purchase the property from the City. ' H-2: City Attorney's Report Mr. Schlereth advised that the City had filed a Summary Judgement against Kenai Baptist Temple and their attorney was going to respond. However, their attorney did request that the Council be asked to consider a settlement in the matter and consider the entire situation a "wash out". KBT will drop their appeal 9 we will drop our action. Council requested that the City Attorney prepare a counter offer for their consideration at the next regular meeting. (b) Councilwoman Glick inquired as to the legality of such enterprises as Mandos Tacos and the Flying Burrito, etc. and if they complied with State laws (health standards - . and •so forth) and H they pay City sales taxes, etc. Councilman. Ambarian requested .. .. • • ..... i that the City . Atty. . •-draft up an ordinance relative to this subject for presentation • -' at the next meeting. Councilwoman Glick also stated that in discussions with the TOPO study it is some- what apparent that the City's specifications and available funds will not be able to be met by proposers -- Councilwoman Glick inquired if the City Manager would be acceptable to proposals from individuals for work they felt could be done within the confines ..= ofthespecs and monies available? Mr. Wise stated that the matter would have to be reviewed and perhaps if the specs are too restrictive, they will be re -•prepared H-3: Mayor's Report . Mayor O'Reilly advised that the ALPETCO matter would come before the House for another vote on Tuesday and would urge anyone from Council to attend that could possibly travel to Juneau. n a „�' ��-� -- - � � T.r - �- - r �•� -, ter-. -�--..-�-. May 3, 1978. Page 16 i i Mayor O'Reilly reported that he and Councilman Whelan had traveled to Anchorage to meet with representatives from Pacific Alaska LNG and Pacific Alaska would like to discuss the impact of their project and what they could offer the City. Jail Facility - Mayor O'Reilly reported that he had received a copy of a night letter James Fisher sent out and stated that were some variations to the figures that the City was submitting and what Mr. Fisher mentioned -- the City Manager will meet with Mr. Fisher and advise him of the City's financial situation relative to the Jail Facility. ALPETCO - Mayor O'Reilly also suggested that the Council might wish to support the ALPETCO project collectively -- Council so concurred that the necessary telegrams be sent to our Legislative delegation/ Juneau requesting an affirmative vote. Planning Commission - Mayor O'Reilly advised that Dwain Gibson had been reappointed to the Kenai Advisory Planning a Zoning Commssion - Council so concurred. H-4: City Clerk's Report Clerk Sue Peter advised Council that there would be a dinner meeting of the Council and the Recreation Committee Monday, May 15th, at 5: 30 p.m. in the Sheffield House'. + Clerk Sue Peter also advised the Public Vehicle Commission would hold a public hearing at 7: 00 p.m, Tuesday, May 9th on an application for a taxicab permit. As two commissioners would be out of the City, the Clerk requested members of Council to assist - Councilmembers Ackerly, Ambarian and Malston were selected. H-5: Finance Director's Report None H-6: Planning Zoning Commission's Report J None - H-7: Kenai Peninsula Borough Assembly Report None _ - 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD i None . i May 3, 1978, Page 17 MAYOR a COUNCIL - QUESTIONS AND COMMENTS MOTION: Councilman Arbarian noved, seconded by Councilman Whelan, 0 adjourn to a private meeting place for purposes of an executive a of reviewing the salaries of the City Clerk, City Attorney, City M Director. Motion passed unanimously by roll call vote. RECONVENE MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, salaries be set for the 1978-79 budget year: i City Manager - $40,000 City Attorney - $34,600 Finance Director - $36,000 City Clerk - $21,600 Motion passed unanimously by roll call vote. ADJOURNMENT i; There being no further business to be brought before the Counci adjourned at 12:48 a.m. Respectfully submitted, 4.iu,�Qwter, City Clerk 4 V- — ` PERFORM[s�gESEnv� Nay 8, 1978 City of Kenai Attns Lease Department Box 580 Ksnai9 ""611 h I loll i n AIRPORT RD. KENAI. ALASKA 99611 uC P. O. sox 6090 PHONE 163.4974 Res Lease of Lot Three (3) Block Two 2 CHAP Deas 81=1 After the coilnoii Meeting of April 59 1 at which tiour application for lease of Lot Three We Block Two (22, me CHAP was approved we fowld out that two new business establishmentsI, direct competitors, were granted leases for lots either adjacent,to or in a location which we feel detri- mental to our new business at this location. It is unfortmate that only after choosing this location did I Obtain this information. Perhaps a procedure of an updating and notification to rMpective lsasess of lots leased or applied for by businesses that sddht be competitors to one another be established prior to the city council approval of such applications. I respectifully request immediate termination of the lease on said Lot Three (3), Block Two (2)0 CIIAP. It remains our intent to construct a new building for the purpose of sularging my present buaiaess. May we further peruse the City Lease Lot Plat for a more suitable location. Thank you. sincere Joseph N. Rose Omer im/rma r im i ® RTGAG E %JVLIJ NVuS-! ORS, INQ 343 WEST SIXTH AVENUE, SUITE 202, ANCHORAGE, ALASKA -1 (907) 277-0115 or 276-382 99501 April 25, 1978 0a Mr. John Wise City Manager City of Kenai Kenai, Alaska 99611 Dear Mr. Wise: As you know, Mortgage Investors, Inc. holds a large portion of the lots in Mommsen Subdivision, while the remainder lots are owned by a fairly large number of individuals. This precludes any one property owner from further developing the area, unless they could assess the remainder lot owners. One possibility is a home owners association, however, many of the owners are in the Lower 48 and few are in Kenai. A local attorney informs me that for a homeowners association to assess non-members lots (when not 100% participation) could require a court action. .This type of action has not been to trial in Alaska, although an association won a case in California when it had approximately 70% of the owners as members. The second alternative is for the City of Kenai to form an assessment district. I understand there may be a problem since you can only assess up to a value of 25% of the properties' "improved value". The subdivision is partially improved and completion of the subdivisio;.4 would enhance the area, as well as,- increase revenue through taxes and monthly use of water, sewer and roads. I request that the area be considered for an assessment district of Mommsen Subdivision, Addition No. 1 and 2, and I will do all I can to help towards that goal. Sincerely, Kenneth R. Padgett Mortgage Investors, Inc. KRP/t IL a A CITY OF KENAI RESOLUTION NO. 78-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE RELEASE BY THE FAA OF CERTAIN AIRPORT LANDS. WHEREAS, the City of Kenai received a quitclaim deed from the United States of America on December I. 1983 for the Kenai Airport which contains, among other property, a parcel of land described on the attached Exhibit A, and WHEREAS, the City wishes to lease or sell this land for commercial development, and WHEREAS, the City can, by leasing or selling this land, encourage development which wfil contribute revenue to the airport, and WHEREAS, the proceeds of the lease or sale of such land are required to be devoted exclusively to the development, improvement, operation or maintenance of the Kenai Airport, and WHEREAS, the Federal Aviation Administration of the United States of America can, through a "DEED OF RELEASE", release the City of Kenai from certain restrictions of the above-named Quitclaim Deed, and WHEREAS, as a condition of the release, the Federal Aviation Administration will require that the instrument of conveyance include the following conditions: A. There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause airspace such noise as may be inherent in the operation of aircraft, nowknown or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the Kenai Airport. B. The Grantee by accepting this conveyance expressly agrees for itself, successors, and assigns that it will not erect nor permit the erection of any structure or object nor permit the growth of any tree on the land conveyed here- under which would be an airport obstruction. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder, and to remove the offending structure or object and to cut the offending tree, all of which shall be at the expense of the Grantee. I' C. The Grantee, by accepting this conveyance, expressly agrees for itself, successors, and assigns that it will not make use of said property in any manner which might interfere with the landing and taking off of aircraft from said Kenai Airport or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Grantee. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. The City Manager be and hereby is authorized to submit a request to the Federal Aviation Administration for a determination as required under Subparagraph (8) of the said Quitclaim Deed and further request a release from the terms, conditions, reservations and restrictions for the tract of land described in Exhibit A which is attached hereto and incorporated herein by reference. Z. The City Manager be and hereby is directed to furnish all information required by the Federal Aviation Administration to support the request. 3. Instruments of conveyance shall contain the specific conditions described as "A"$ "B", and "C" above. 4. Any revenues received from lease or sale of lots in the tract of land described in Exhibit "A" shall be dedicated for the development, improvement, operation or maintenance of the Kenai Airport. PASSED by the Council of the City of Kenai, Alaska, this day of 1978. VINCENT O'REILLY, MAYOR { " ATTEST: Bus C. Peter, City Clerk .tr^ 1 F t � 4 i NOTE All signatures will be affixed to the lease by the time of the Council meeting on May 17, 1978. f r ► T = LEASE OF AIRPORT LANDS OR FACILITIES ! THIS AGREEMENT. entered into this clay of t 19 . by and between the CITY OF KENAI, o home -rule municipal corporation . of Masks. hereinafter called "City". and Frank W. Wipce. Alan K. Corthell. : geerae C. Freas and Philio W. Brvson. titers. IMMI attaxn d/b/a Fidalgo Associates, hereinafter called "Lessee". t That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the Lasses, does hereby demise and less@ to the Leasee the following described property in the i; Ketol Recording District. State of Alaska: to wit: t Lot 4, Block 2. Fidalgo Subdivision, i Kenai Recording Distriet, Kenai, Alaska. i Tom The term of this Lease is for 99 years. Commencing on the ---let day of July ayi6, to the a�day of June ; _977_-, at the annual rental of $t;'i14.49 , Paeenants Subject to the terms of General Covenant No. 10 of this Lase, the rental specified heroin shell be payable u follows: (s) Aight of entry and occupancy is suthorlood as of the lot day of July ,1978 and the first rent shall be computed from such dab until June 30, Mj. , . 6,i,. . (b) Annual rent for the fiseai year beghu tug July i and ending Jane 90 shall be payable in advancep on or befors the first day of July of each year. (o) Rental for any period which is less than one (1) year shall be prorated, based on the rate of the last full year. . (d) The rent specified herein to calculated as follows: 14.981 square feet at f .027 per @quare foot per year. ort 674.49 par year. In addition to the rents specified above, subject to General Coveaeat No. 10, the Lessee agrees to pay to the City feu u hereinafter provided: (e) Assessments for public improvements now benefiting property in the amount of $ We. (b) Applicable taxes to leasehold interest or other aspects. (a) Sales Tau now enforaed or levied in the future. (d) Looses &grecs to pay all assessments levied in the future by the City of Kenai, as K Lessee were considered legal owner of record of leased property. • (e) Interest at the rate of eight percent (00 per annum and ten percent 00%) penalties on any amount of money owed under this Lease which is not paid on or before the date it becomes duo. Fags Ono. LEASE Revision 1/29/28 . I 6 7 s' } The purpose for which this Lease is issued is: i i Professional and Technical Offices, in accordance i i with Lessee's leaseapplication dated May 4, 1978, i attached hereto and hereby made a part of this lease. i i GENERAL COMIANTS ; } i 1. Uses: Except as provided herein, any regular use of lands i , or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of arena designated by the City for specified public usess such as passenger terminals, automobile parking areas and streets. : 2. Uses Not Contemolated Prohibited: Solicitation of donations i or the promotion or operation of any part or kind of business or commercial i enterprise. other than as specifically set forth herein, upon, in or above airport lands. without the written consent of the City is prohibited. 3. lmpoundina of Property: Any or all personal or real property I placed or used upon lands or in facilities in violation of prohibitions may be removed and/or impounded by the City, and when so removed and/or impounded. such property may be redeemed by the owner thereof only upon the payment to the City of the coats of removal plus storage charges of $1.00 per day, or $5.00 per day in the case of each building or each aircraft in excess of 0,000 pounds grass weight, or M the use of any other kind of � property, an amount not to exceed $0.00 per day. or in aeeordsttcs with such blow fees se may be hroorporoa d into regulations of City's Airport. i 4. Commitment for Rent and Non•Assiomment: Lessee agrees to pay the annual rental and fees specified and not to assign this Lease or my part# nor let, nor sublet. either by grant or implication, the whole or any part of the premises without written consent of the City. which concent r shod be obtained pursuant to the elbowing proceduras (t) Submittal to, and approval of. proposed law transfer by to Renal Phodag Commission. W) Atter approval by the Kenai Planning Commission, ftd approval of transfer by the City Conseil. Any assignment to violation of We Provision shall be void. and shall be grounds for cancellation of this Lease by the City. _ .. 0. Treatment of Demboi The Lessee agrees to keep the promises dean and in good order at its own expense. suffering no strip or waste thereof, nor removing say material therefrom. without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and ; surrender the promises to the City. i 0. Payment of Rent: Cheeks, bank drafts or postal money orders shalt be made payable to the City of Kenai, and delivered to the City Administration Building. Kenai, Alaska. Z. Construction Approval and Standards: Building construction shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill materiel and/or construction of buildings on a leased area. the Lessee shall submit a plan of proposed development of property to ', f 4he City Planning Commission which shall be approved in writing for all permanent improvements. .i • Lessees ONS .. ' , •Lessors I Page Two, LEASE Revision 4120/70 7 M (o) The City has determined it to be in the best public interest. or Is required by Law or regulation, to after the Lease at a public suction. (d) That equitable considerations require a revision of the 4 Lease prior to granting s renewal. ; j 5. Right of Entry: Should default be made in the payment of t any portion of the rent or fees when due, or in any of the covenants or : conditions contained in the Lease, the City may re-enter and take possession of the promises, remove all persons therefrom. and upon written nodes. teratlnste the Lau. C 10. Rent Escalation: in the event this Lea" is for a term in excess of five (5) years, the amount of rents or fees specified herein shall. pt , 1 the option of either party, be subject to renegotiation for increase or decrease ; at intervals of five (5) years from the let day of duly preceding the t effective date of this Lease. The amount of such rens or fees ag renetlotiated shall reflect the than prevailing fair nwUet value of the leasehold. No i increase or decrease in the amount of rents or tees shall be affective, except } upon tingly (90) days written notice. In the event the parties are unable to agree upon the amount of nab increase or decrease, such amount shall be determined by three (3) t disinterested persons; one thereof to be appointed by the City Council: one t Labe appointed.by Lassa, its successors or assigns; and the third to be { WWW" by the two (2) persona appointed as aforeeatd. The writtot doWmination of such. three (3) persons shell be final and conclusive. Neither party shall commence legal action without complying with this provision. »• - -i3uitdfnjt Placement Reatrletions: No building or other permanent structure shalt be placed within ten (10) feet of the boundary ltne of any lot held by a Lessee; provided, however, that where two (2) or more lots held by the Leasee #re eontinguous, the restriction in this condition may be waived by written iuthoritation of the City. 14. Protection of Aircraft: No building or other permanent structure shall be placed within fifty (50) feet of the property line fronting a lending strips taxiway or apron without the written approval of the City. This area shall be used for parking aircraft only. 13. Notices: All written notices required by this Lease or aermit shell be sed by registered or certified mail or delivered personally to the initials: Lessee: Nib , Lpssort Page Three, LEASE Revision 4/20/10 r. 0. (.Cana Reni-wal flecleNtnt Procedure: Lessee shall within thirty t ; (30) days before the expiration. n:nke application in writing for a renewal. t certifying under oath as to the character and value of all improvements f existing on the land. facilities, properties, or interest therein. the purpose t, for which such renewal is desired. and such other information as the City i may require. The Lessee shall deposit with such application. the sum equivalent to one hundred percent (100?.) of the prevailing annual rental or fees atilt in effect. Such application. when fully conforming to the requirements herein stated. will extend the Lease on a month-to-month ba4is until such time as the City gives notice to Lessee that: j (s) The request for renewal has been granted. ' (b) The request for renewal has been rejected. stetinv the reasons for such rejection. ' i (o) The City has determined it to be in the best public interest. or Is required by Law or regulation, to after the Lease at a public suction. (d) That equitable considerations require a revision of the 4 Lease prior to granting s renewal. ; j 5. Right of Entry: Should default be made in the payment of t any portion of the rent or fees when due, or in any of the covenants or : conditions contained in the Lease, the City may re-enter and take possession of the promises, remove all persons therefrom. and upon written nodes. teratlnste the Lau. C 10. Rent Escalation: in the event this Lea" is for a term in excess of five (5) years, the amount of rents or fees specified herein shall. pt , 1 the option of either party, be subject to renegotiation for increase or decrease ; at intervals of five (5) years from the let day of duly preceding the t effective date of this Lease. The amount of such rens or fees ag renetlotiated shall reflect the than prevailing fair nwUet value of the leasehold. No i increase or decrease in the amount of rents or tees shall be affective, except } upon tingly (90) days written notice. In the event the parties are unable to agree upon the amount of nab increase or decrease, such amount shall be determined by three (3) t disinterested persons; one thereof to be appointed by the City Council: one t Labe appointed.by Lassa, its successors or assigns; and the third to be { WWW" by the two (2) persona appointed as aforeeatd. The writtot doWmination of such. three (3) persons shell be final and conclusive. Neither party shall commence legal action without complying with this provision. »• - -i3uitdfnjt Placement Reatrletions: No building or other permanent structure shalt be placed within ten (10) feet of the boundary ltne of any lot held by a Lessee; provided, however, that where two (2) or more lots held by the Leasee #re eontinguous, the restriction in this condition may be waived by written iuthoritation of the City. 14. Protection of Aircraft: No building or other permanent structure shall be placed within fifty (50) feet of the property line fronting a lending strips taxiway or apron without the written approval of the City. This area shall be used for parking aircraft only. 13. Notices: All written notices required by this Lease or aermit shell be sed by registered or certified mail or delivered personally to the initials: Lessee: Nib , Lpssort Page Three, LEASE Revision 4/20/10 F — r is lost address of record in the files of the City. i + 14. Affor to I.ense Acceptance: The offer to lease is made suhjert I i' to applicable laws and regulations of City, and may be withdrawn without ;. notice at any time after thirty (30) days from submission thereof. unless within • such thirty (30) days the Lessee executes and returns the Leese to the City. 1� 15. Underlyinrt Title: The interests transferred. or eonvev pd �I by this Lease are subject to any and all of the covenants. terms or condittnns contained in the instruments conveying title or other interests to the City. '• 10. Richt of Inspection: City shall have the right. at all reasonable times • to enter the premises. or any part thereof. for the pu. pollee of inspection. • 11. Insurance: Lessee covenants to save the City harmless from all actions. suits. liabilities or damages resulting from or arising out of any sats of commission or omission by. the Lessee, his agents, employees. custonars. invitees, or arising from or out of the Lessee's occupation, or use of the proatisea f. demised. or privileges granted, and to pay all costs connected therewith. In this connection, the Lessee agrees to arrange and pay for all the followinc, (a) public liability insurance protecting both the City and/or , ! its agents and the Lessee. such Insurance to be evidenced by a certificate • showing the insurance, in force. The amount of such public liabMw insurance shell have Whits not less titan those known as $100.000/$300,000/4150.000 y (b) Leasee agrees to carry employer's liability insurance and workmen's Compensation insurance, and to furnish a eertifioate thereof to ' the City. (a) Insurance eoniraets providing.liability ininranae and workmen's Compensation shall provide for not Was than thirty (30) days written notice to the City of cancelled= or expiration or substantial change in Policy conditions and coverage. (d) Less agrees that wetver of subrogation against the City shall be retptested of Loons's insure, and shall be provided at no cost to the City. (9) Cross Llabilitvt it is understood and agreed that the Insurance afforded by this policy or policies for more then one named insured. shall not operate to increase the limits of the company's liability, but otherwise shalt not operate to limit or void the coverage of any one named insured as respects clams spinet the same named insured or employees of such other named insured. r Accountine Ablicationt Lose" agrees to furnish the,04tmi, anttua! sworn etatemeyitt!•ga ua{nese receipts enALaz-w%-.,o.uiu sworn statement of the number of gallons .weld and/or any certificate QWQ or statement to tteiattY' computation of rents or few.. reports .aother�overnmental agencies. It. Collection of Unpaid Monlest Any or all rents, charges, fees or other consideration which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lesee, shall be a charge against the Lessee and Lessee's property, real or -personal, and the City shell have such lion rights as are allowed by Law, and enforcement by distraint Page Four, LEASE Initfalat Lessee: D W 6 Lessor: Revision 4/79/70 0 may be made by the City or its authorized agent. 20. Fasement wants Rvriervpd* City reserves the right to frr.#nt and control easements in. or above the land leased. Na such grunt or essoment will be made that will unreasonably interfere with the Lessee's use of the land. 21. Lease Subordinnte to Finnnofng Requirements: La4mon arroes that City may modify this Lasso to meet revised renuirpments for Federal or State grants, or to conform to the requirements of any revenue bond covenant. i Howevero the modification shall not act to reduce the rights or Privileges granted the Lessee by this Lease. nor act to cause the Lessee financial loss. 22. Right to Remove lmoravements. Improvements ownoe. by 4 Lessee on airport leads shall, within sixty (00) days after the expiration. ji termination or cancellation of the lease. be removed. provided that, in the I opinion of the City. such removal will not cause Injury or damogn, to the Isades and further, provided that the City may extend the time for rairoving Much improvements In cases where hardship to proven to its satisfactions f provided further. that application for extension has been mods in writing and resolved within Said sixty (00) day period. The retiring Loom may.with the Consent of the City, sail his improvements to a succeeding tenant. $So knorovements Left an Leasehold: 9 any improvements and/or chattels having an appraised value in excess of $10.000 as determined by the City, are not removed within the time allowed by General Covenant No. 22 of this Lasso mob improvements and/or Chattels may, upon due notice to the Loam, be sold at public suction under the dirvatim of the City. The proceeds of the ad* shall enure to the Lessee who owns such Improvements and/or chattels. after deducting and paying to the City All rents or fees due and Owing, and expenses incurred in malting such ado. it there are as Ober bidders at such suction, the City is authorised to bid on such Improvements and/or chattels an amount equal to the amount owed, or to became due to the City by the Lessee, or $1.00, Whichever amount In greater. The City shall saqmW all rights to such property, both told and ouq1table, at such a Sale. 24. Tide of finorovements an Leasehold to Cines If any improvements and/or chattels having an appraised value of H0,000 or less, determined by the City, are not removed within the time allowed by Gourd Covenant No. 22 of this tooso. such Improvements and/or chattels shall enure to, and absolute title shall, vest In, the City. .25. firWMAMit Rules Reserved: (a) City reserves the right to adopt, amend and adores reasonable rules and repletion* governing the demised promises and the, public are" and facilities used In connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by City *bell became appilooble, to Looms unless it has been given ton (10) days notlas of adoption or amendment thereof. Such rules and regulations shall be consistent with safety and with the rules and regulations and order of the federal Aviation Administrhtion. Lessee agrees to observe* obey and abide by all rules and regulations herstalbre or hereafter adopted or amended by City. (b) Lessee shalt observe. obey and comply with any and all applicable rules. regulations. laws, ordinances, or orders of any governmental authority, federal or auto, lawfully exercising authority ever the Lessee or Lessee's conduct of its business. Inikistat Lessee: DWZ Lesson Page Five, Lease Rivision 4/29/76 I M 1 i (c) City shall not be liable to Lessee for any diminution or deprivation of possession, or of its rights hereunder, on account of the exercise of any such richt or authority as in thin Section provided. nor shell ! Lessee be entitled to terminate the whole or any portion or the lensrhotd estate herein created, by reason of the exercise of such rights or authority. unless the exercise thereof shall so interfere with Lessee's use and occup:srcy i of the leasehold estate os to constitute s termination in whole or in part of : this Lease by operation of law In accordance with the Laws of the Ftate of ! Alaska. • 26. Aircraft Operations Protected: (a) There is hereby reserved to the City. its successors ars: assigns. for the use and benefit of the public. a right of flight for the pis or, of aircraft in the airspace above the surface of the premises herein eom-ey pf:. together with the right to cause in said airspace such noise as may be Inherent in the operation of aircraft. now or hereafter used for navigation of or f!lcht in the air. using said airspace of landing at, taking off from. or operatioe on the Kenai Airport. (b) The Lessee by accepting this conveyance expressly arrees for itself, its representatives. successors, and assigns. that it will not erect nor permit the erection of any structure or object. nor permit the growth of any trees on the land conveyed hereunder. which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations. Part 77, as emended. In the event the aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to art the offending tree, all of which shall be at the expense of the Lessee or Us hairs.or successors, ot• assigns. (o) The Lessee by accepting this conveyance expressly agrees for itself. its representatives, successors, and assigns. that it will not make use of the raid property in any manner which might interior* with the landing and taking off of aircraft from add Read Airport, or otherwis* crsating an airport hastaed. In the event the aforesaid covenant is breached. the City reserves Me right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Losses. E7. Right to Enjovment and peaceable possessions City hereby agrees and covenants that the Lessee. upon paying rent and performing Other covenants, terms and conditions of this Leasco shall have the right to quietly and peacefully hold, use, occupy and enjoy the said leased premises. fib. Lessee to pay Taxes* Lessee shall pay all lawful taxes and assessments which, during the term hereof may become a Item upon or which may be levied by the elate, borough, city or any other tax -levying body. upon any taxable possessory right which Leasee may have in or to the premises or faollities hereby leased. or the improvements thereon, by reason of its use or occupancy, provided however, that nothing herein contained shall prevent Lessee from contesting the legality, validity. or application of any such tax or assessment. fib. Special Bervicess Losses agrees to pay Lessor a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. to. ire partnershlo or Joint Venture Createds it Is expressly understood that the City shall not bo construed or hold to be it partner or joint venturor of Lessee, in the conduct of business on the demised premises: initiates Lessee: Lseeeors • Page Six. LEASH Revision 4/89/76 1 and it Is expressly understood and agreed that the relationship between the parties hereto is. and shall at silt times remain, that of landlord and tennnt. Sl. Default flonkruptcV. etc.: tf the f,easeo shall make any ! assignment for the benefit of creditors, or sholl be adjudged a bankrupt, or , Sit a receiver is appointed for the Lassoo or Lossee's assets, or any interont under this Lease. and if the appointment of the receiver is not vacated within five (5) days. or if a voluntary petition is filed under flection 19M) ; i of the Bankruptcy Act by the Lessee. then and in any event. the City may. upon giving the Lessee ten (10) days' notice. terminate this Lease. #1 $2. Forobearance Not Waiver of Citv's Rights: The acceptancq of charges and fees by the City for any period or periods after default of the terms, covenants and conditions heroin to be performed by the Lossaa : shall not be deemed a waiver of any rights on the part of the City to term!rnte s tide agreement for failure by the Lessee to perform. keep or observe any i of the terms or covenants or conditions hereof. ' ' 1 1 93. Reasonable Moarations: This Lease to subject to cancellation , ' it the Lessee does not maintain such operations as the City in its solo discretion E f shall determine to be reasonable. or if the Lessee falls to maintain a staff or facilities sufficient to reasonably execute the purpose for which this Lase in granted. t • E 34. pair Onerstions: This Lease is subject to cancellation if i the Lessee fails to furnish such 4ervice on a fair, equal and not unjustly discriminatory basis to ell users thereof. or fails to charge fair. reasonable and not unjustly discriminatory prices for each unit or servieet provided, that the Lessee may be allowed to make reasonable and non-discriminatory ` discounts. rebates. or other simflm' types of price reductions to volume purchasers. 25. Controls to Prevent Discriminations City reserves the right to approve all Aarges and privileges extended to or withheld from the public# in order to insure reasonable charges and prevent possible dfaorlmination or segregation on the beefs of race, color, creed or national origin. or for any other related reason. 36. Nondfecrimfnatlont The Lessee, for himself• his heirs, personal representatives. successors in interest, and assigns. as a part of the consideration hereof, does hereby covenant and agree so a covenant running with the land, that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this Lase, for a purpose involving the provision of similar services or bonetits, the Leasee shalt maintain and operate such facilities and services in compliance with all other requirements Imposed pursuant to Title 49. Code of Federal Regulations. Department of Transportation, Subtitle A. Office of the Secretary, Part 21. Nondiscrimination in Federally -assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1904, and as said Regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants, the City shall have Use right to terminate the Lease and to re-enter and repossess said land and faflitfes thereon, and hold the same as if said Lase had never been made or issued. S7. Nondteerlminstfon: The Lessee# for himself, his personal representative, successors in interest, and assigns, as a part of the consideration hereof. does hereby covenant and agree as a covenant running tnitiales Lessees QW13 Lessors Pago Seven, LEASE Revision 4/49/78 I TI! ,{ with the land that (1) no person on the grounds of race. color, or national origin studl be excluded from participation in, denied the benefits of, or be otherwHo subjected to discrimination in the use of said facilities; (2) that in the construction of any improvements on. over. or under such land and ; that furnishing of services thereon. no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of. or otherwise be subjected to discrimination; (3) that the Lessee shall f use the premises in compliance with all other requirements Unposed by • or pursuant to Title 49. Code of Federal Regulations. Department of , I Transportation. Subtitle A. Office of the Secretary. Part 21, Nondiscrimination ;, in Federally -assisted Programs of the Department of Transporstion -- Effectuation of Title VI of the Civil Rights Act of 1964. and as said Regulrtiors may be amended. , That in the event of breach of any of the above nondiscrimination '• covenants. the City shall have the right to terminate the Leese and to re-nrtor ' and repossess said land and the facilities thereon, and hold the same as If = odd Lease had never been made or issued. T • 38. Partial Invalidity, if any term. provision. eonditinn or part of this Lease is declared by s Caurt of Competent jurisdiction to be r invalid or unconstitutional. the remaining terms. provisions. Conditions or } i parts shall Continue in full force and effect as though such declaration was f trot mads. St. parol !ttodiffeadonst R Is mutually understood and agreed y t dist this agreement. " written. Covers all the agreements and stipulations , between the parties. and no represemdonso oral or written. have been i heads modifying. adding to. or changing the terms hereat. l 40. Waerantr The City does riot warrant that the property ; which Is the subject of this Lease is sulted for the use authosked herein. • and no guaranty is given or implied that it shall be profitable or suitable m employ to property to such use* r di••:-AAditlanal.Ce.41.mni>�..ii t," .ba uuu W soca sawtional terms P�� -�O astd• I , ., . ,,... "it set forth in U646is ID...».1. 14 IN WITNESS WWRWF. the parties hereto have hereunto set I i th& hands, the day and year stated in the individual acknowledgements below. •CITY OF KENAI f _ By CFPY MANAGER STATE OF ALASKA ) THIRD JUDICIAL DISTRICT � On this day of ,1t . before me personally appeared . known to be the person viho l executed the above Lease, and the acknowledged that he (rhe) had the authority to sip. for the purpose stated therein. , NOTARY PUBLIC FOR ALASKA My Commission Expires: I Page Eight. LEASE Revision 4/09/78 i 1 I .1 u i i i iii 111 i i LESSEE STATE OF ALASKA � ss. THIRD JUDICIAL DISTRICT On this day of 1978. before re person- ally appear rank W. Wince. known to be theerson who executed the above Lease and acknowledged that he had the authority to sign for the purposes stated therein. MU'1'AKY MULLU YUK ALASKA My Commission Expires LESSEE t! i; ii Man N. UortneLL STATE OF ALASKA 1 sa. 1; THIRD JUDICIAL DISTRICT On this.day of 1978, before me person- ally appeare'3'7Ian N. Cortusi.t, Known to be the person who executed the above Lease and acknowledged that he had the authority to sign ' for the purposes stated therein, i s ': MU'�At�Y r�ua�,tc rU�t ALAaKE► My Commission Expires 1 � LESSEE it %re e e 11 STATE OF ALASKA ss. t4 THIRD JUDICIAL DISTRICT i On this #�ii #'day of 1 1978, before me person- ially appears C. Vreas, known to oe the person who executed: the above Lease and acknowledged that he had the authority to sign 'for the purposes stated therein. `: �' Hiti k udL�t; r'UK ALAS My Commission Expires P, i; Page Nine, Lease i LESSEE .P W lip W. Bryson J STATE OF ALASKA 1 es. THIRD JUDICIAL DISTRICT On this �����a'day of 1978, before we person- ally appeared -Philip W. Tyson, x own to be the person ^o executed the above Lease and acknowledged that he had the authoricq :o sign for the purposes stated therein. . _dc& �"WAA& r'uiSL A ASIc.0 My Commission Expires -45 r LEASE CONCEPT AND DEVELOPMENT PLAN APPROVED by kenai Planning - Commieeion this day of May. 1978. �. NORMEN 2iMM b. bECRA'TAKi is APPROVED AS TO LEASE FORM by City Attorney (lnitrale) i. APPROVED by Finance Director �; tae • APPROVED by City Manager41� X71 s• LEASE APPROVED by City Council this day of May. 1978. {t t bUr, 1;. Yr:=A, UL" 4L6l41 1 i c. �t I� �I l� Page Ten, Lease r -+• W --% �•— -.110 Noll iuu ll m .... iIca �-1. CITY OF KFNAI P. O. BOX $80 • KENAI, ALASKA • PHONE 383.7535 ��. r • .'. `? _ .%r o0 LEASE APPLICATION 2, r• T. • rt Name of Applicant—r— Fo%&L__qha DN1L,10 U Address Q;ox Sal16 A,L"VA Business Name and Address NoO Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if,appl$cable) Telephone Z$3 "7-8 ' (Check One) Lease ✓Permit Lot Description i. �r 4 . i; Lo lrc 2 FtDAL.Go CiOW1MFiiLGA�. C,'rTM-M Q Property to be used for PRoF6S4t�L.lAa� e� T�3��µN�CA►4. LRy,fi- U or- Lo Al tF,410A Description of Developments (type, construction, size, etc.) tJt,.1�� ��►tfiL_� TWO STO I��i • RRI�Mta t�v �t fli w1L. .2e x 4-A QAV 4.i&W 10AL-bCM6tJ[ Attach development plan to scale (1" • 501), showing all buildings planned. Time Schedule for Proposed Developments Beginning Date &L Proposed Completion Date"_,y�`t� �.� Estimate Value of Construction s, Date:„Mr7 m 4.1 IA'79 . $ 100. 000 Signed V Page 1 of 4 - • , Description �of Property ,�I OT JJ. ZLOC, 1e F1 DA' FOR YOUR MFOR51ATION Annual rental rate or cost , q g X Zoned for �r HT 1 N 0 U,S'rt21 A 1. Permits required EU...DCr Assessments NQN Insurance Required 1 co. o0o / 4 40-00 no0 /4.5, Construction must be started byJi3vrm: w .2 4Jes Peen. _ CompIgUon date for major construction THIS APPLICATION WILL BE A PART OF THE LEASE It Approvals: Planning Commission City Coanoil Receipt Acknowledged . B by applicant Page 2 of 4 By By BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scale: 1" ft. Construction Materials:wood frame. s eel building, etc.) i THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE j Notes If you have had drawings made, attach to., this application and regard this page. filling in construction materials, only. i page 3 of 4 :a I I � i r d f L F-- r ! I. i ji • Milt.{. 1 ! . � � ": 4' ! 1 it •� •f� to it 1 i�M• .,,p•.N.,• ••.��.r.� ••Y+1�•••••.r.r•.•.n �,�••7r7gi •ri.•N•••�•.�� lylow,• ♦I• • ♦�••r. MY•i•�J• •r•.• • . I' • •;• i .• S .�: f•` • 11 ,� l>., •N•1•#pJ"� ff j' •' �, ? j' .. .� r r l .-rr-- •� i : ri •fit ''C= . �!_�� : / ,' i i - • f .' ..4:. _ S . .... «.,j. ter•.. ,i. •t. «..r . ' r -.a«. r'.. .«.« «�.«wr, r. •. . • - - _ , f . ,raj ••�. •' �1• i - --- . .� f• i •• , • , j err •• • . � 1 f . i i. •.. . .!'TO•lf-'7df !j.1r*~ a .or�•�.r ' • rr«~.. 1w. ! 1 - =•� 4 .. 010VATION w0aH .. . • ; !i 1 ' i P {' I 'r I j I - II V- -r - - - r - ,` L7 I O f L7 I � ---- �_- �- vr-- --.•-- - r �� 7 �-- ice-.. �.� ewe— �. Page 4 of 4 lease No.�� LAYOUT PLAN k Lot E7 Block Subdivision r t Name - . _.. 8 a � I I I a L/ April 19, 1975 To: City of Kenai, Alaska Re: Sale or lease of land adjacent to Kenai City Boat Ramp Five (5) acres on Kenai River In Tract B I had first requested to buy five (5) acres in Tract A, but F A A restrictions prohibited the city to sell the land in Tract A. Since Mr. Carlson has withdrawn his request to purchase Tract B, I would like to buy five (5) acres on the River in Tract B. My purpose in buying this land is to build a deep water dock, build a dry dock to repair larger boatss build a building to be iused as a warehouse and to build boats. I have already submitted my application plans and dock de- sign to the U. S. ARMY CORPS of ENGINEERS, but for them to start pro- cessing my application, I have to show that the land is in my possess- ion. It takes about one hundred (120) days to obtain a permit. If thersis some way, like a short lerm lease that I could show possession , I would be able to start work this year, otherwise I would lose this construction season. If I could lease with option to buy, I would be willing to pay the appraised value of the land later on. r��u,�,►(. cv.c.� .7e p,�rs-o a`r•G�T,�.c p,� 13 zvic�. �+.�Oxe.a.r-- /7e •� � r�.��e.,a.� r�ns� � �+j�o. �,� Jn,�,��.-•�; Sincerely, R L Roee/'d15a Marine Products P 0 Box 4$ Kenai, Alaska 99611 L IL r ■ �1----.. —. -'. .i � �n..__--.-s ..,.__,.-.,:��-_ - _- .n___:u �� - -- _ --- -- =•-�� nuu i i ��L � � i � � i,�: n-i :,you arYi+l,-=— -- .. vin o �ON1j� of N �_� 12.063 acres g a CURVE DATA I m p i 91040'3W' N ` I 318 R + 9ove = "• .y 1. s Boo*' T x 51.49 S87°41'45'W ao'n.� •' SA9°4n'.3fi"E �,?(1,369' ti% 606.84,enanor � {�-�-�— ==o��o'�"'• woo,' 1206 TRACT B •�"- -- — — — ? — -- ."13'_ 1� �M o a utility am►. AP" try 319 4.822 acres ! i { TRACT C 88.3.93 ap } S9704145 W /Q�, i 17.894 acres Qc . � k • ii 2344.84' N89040'35"W r} I 'At;� t; a:: s VI E r"1 _f I • L-11 -- - -- --- - - -- - -- - -- - -- - - ---- - - - ---- -- - T- -- - — -. ` 1 11, 01 I.'. I ... A _ . I 11 1 - 1 • 1 ,1 1 1111! I - ^ - " ' "- ' s - III I I � I I I 1 I I ..•.-� r �r�,�r► C3 ' I`� J -lit PROJECT COORDINATION AND INSPECTION SERVICES CONTRACT PROJECT MANAGERS ALASKA, INC . hereinafter referred to asfF% hereby enters into the following agreement with the CITY OF KENAI, hereinafter referred to as "THE CITY". I. SERVICES RENDERED: ; PMA agrees to perform the project coordination•and inspection services for the following projects in consideration for the fees thereafter noted: • •.. #EDA #07-51-26965 Redoubt Way Improvements 1977 ; 2;400.00 •• EDA #07-51-26966 Water a Sewer improvements 1977 31800.00 EDA #07-51-20074 3M Water Storage Tank 1977 27.800.00 EDA #07-51-26997 Paving of Airport Road 1977 2,200.00 - • SDA #07-51-26998 Street Improvements 1977 - 121800.00 - TOTAL FEE $48,800.00 1• • II: SERVICES DEFINED: .{- r.• •. • . .•M h. • • •• • Project coordination and inspection services as agreed to be performed by PMA R for the fee as enumerated in paragraph Q) above is defined to include the re- quirements of project coordination and inspection, as contemplated within the r • ••- -•�- `-- document entitled, "L/`6ineering and Construction Guidelines for the Local Public r ► - Works Capital Development and Investment Program". U.S. Dept. of Commerce/ Economic Development Administration, Second Edition, June 1977. It is agreed *._�..:. —.between PMA and THE CITY that.in light of the, spirit andintent of the require- . � ._.. 4 menta contemplated by the above document, the terms "project coordination" and "inspection" shall require PMA to: . 4 1. Provide surveillance of project construction to assure compliance with -- ;. plans, specifications, and all other contract documents. --= - 2. Supervise any required subsurface explorations to determine amounts of: ' ....... - •.. excavation or foundation conditions sucivtas borings, soil loafs, and the 1ikeM •.,•.• . 3. Review and approve proposed contract change orders when applicable. 4 I i 4 } 1 L • r 1 t 4 I -V 4. Submit a monthly report to THE CITY covering the general progress of the job and describing any problems or factors contributing to delay. S. Review and approve the contractor's schedule of amounts for contract payment. S. Review and approve partial payments to contractors. 7. Work with Design Engineer and contractor in the preparation of "as -built" drawing after the completion of project. 8. Perform a final inspection and advise THE CITY whether or not to accept the work as performed by the contractor and his/her subcontractors. Pro- vide punch lists for every unfinished work with recommendation as to ac - 0 ceptance. i 0. Act as lisson between THE CITY and the Design Engineer. 10. Present daily reports to THE CITY giving for each of the five individual projects the amount of time inspectors worked on each project, the men and equipment used on each project and the principal items or work completed on each project. 11. Report progress toward meeting the 10 percent Minority Enterprise Require- ment. 15. Act as CITY'S agent in fulfilling EDA quarterly reporting requirements placed on CITY in the publication FMC 74-7, Attachments H and I, submitted and re- ported to THE CITY. 19. Maintain a payroll file for each contractor and subcontractor. 14. Furnish statistical data required by EDA relating to labor on the project. 15. Coordinate with contractor and the local utility and gas companies before any excavation or ground brealdug is permitted on any project. LS _- 18. PMA will advise CITY and contractor in writing of any violations of require- ' menta of the Occupational Safety Hazards Act (OSHA) and all other govern- mental regulations are complied with, and to otherwise insure that the safety of the public and working men on the projects concerned are adequately pro- --- _ tooted. 7 ,r 0 11. SCHEDULE OF PAYMENTS: THE CITY agrees to pay to P51A the total fee as enumerated in paragraph (I) above, according to the following schedule: 30% payment to be billed as of May 15, 1978........... $14,640.00 30% payment to be billed as of June 29, 1978......... , 14, 640.00 30% payment to be billed as of July 27, 1978 ............. 14,640. 00 10% to be paid upon successful completion of last project as indicated in paragraph VI ................ 4,880.00 CA will furnish invoices indicating each of the above payments broken down into the proportionate payment for each of the five projects, as enumerated in paragraph (1) above. Requests for the above payments will be considered for payment by the City Council at the next regular meeting subsequent to receipt of billing if such billings are received the Thursday before the regular Council meeting. PMA will supply copies of all time sheets and any other records available, in- dicating the man hours spent on each of the above projects. M. TRAVEL EXPENSES: The total fee as enumerated in paragraph I includes travel and per diem expenses between the Kenai City offices. PMA offices , the job sites , and the engineers' offices involved. IV. CLERICAL COSTS: The total fee as enumerated in paragraph I above includes the cost of all clerical work that is necessary for the construction of these projects. V. INCEPTION OF SERVICES: PMA will begin to perform its services pursuant to this contract on April 28, 1978. VI. PROJECT COMPLETION DATES: The projects with which this agreement.is concerned are scheduled for comple- tion on the following dates: EDA #07-51-26965 Redoubt Way Improvements 1977......... Aug. 15. 1978 EDA #07-51-26900 Water b Sewer Improvements 1077.. .....July 31, 1978 EDA #07-51-20074 361 Water Storage Tank 107.7 ............ July 31, 1978 EDA #07-51-26997 Paving of Airport Road 1977.......... @ .Aug. 16, 1978 EDA #07-51-26998 Street Improvements 1977 .............•. Aug. 15, 1978 CONTRACT - Page 3 I t PMA agrees that these completion dates are realistic and will inform all con- tractors that they are to be considered deadlines. ff. through unforseen cir- cumstances, any of the above project dates are extended beyond those dates r f indated above, PMA agrees that it will, at THE CITY'S option, continue to ren- der its services as described in this agreement for the extended project at the hourly and inclusive rates of ;31.00/hour to apply to any additional services through December 31, 1970. Vill. COMPLETION OF SERVICES: The obligation of PTNIA to provide services under this contract in relation to the projects above enumerated will -end on their respective completion dates, un- less THE CITY, at its option, elects to continue to utilize the services by PMA pending its agreement pursuant to paragraph IV above. U. ADDITIONAL SERVICES: • •Certain additional services; such as, surveying, soil testing, soli compensations and concrete tests will upon approval by THE CITY'S Public Works Director be subcontracted for by PMA at a cost which is a product of their customary rates by the actual hours devoted to the job. All subcontract work shall be done by licensed surveyors and registered testing laboratories at rates which are equal or lower to those rates as enumerated in Schedules A and B attached hereto and made a part hereof. PMA shall invoice TIM CITY for all such subcontract work done at actual cost plus five percent (5$). DATED: - CONTRACT - Page 4 CITY OF KENAI By: John Wise, City Manager PROJECT MANAGERS ALASKA, INC. By: Robert A. Hensler, President Y b i r -, •��� .A IA.ISp•�'-'�'�-4++T 1�IA.�LIl.IJ 4,. 11111-IIIA}�I .LSF-- JEL A PMA 'NC dRAW R 4040. KENA1. AK 03611 r TEL' 10071003-3540 or 2031.3540 00) May 8, 1978 City of Kenai _._. P. 0. Box 580 Kenai, Alaska 99611 ATTENTION: Keith Kornelis SUBJECT: Bid Proposal a] Dear Sir. Kornelis: This supercedes our proposal letter of May 39 1978 in that additional information is now included; and also the total cost has been revised to reflect final information received regarding completion dates on all the projects. Project Managers Alaska Inc. proposes to provide Project Coordination/inspection services for the following projects at the fees noted: EDA 907-51-26966 Water and Sewer improvements $ 39.800.00 EDA •07-S1-26998 Street Improvements 12,600.00 BDA 007-51-26997 Paving of Airport Road 20200.00 BDA 007-51-26965 Redoubt Way improvements 20400.00 EDA 007-51-20074 Water Storage Tank 21.800.00 Total Cost: $480800.00 TRAVEL EXPBN89S This bid includes all travel and per diem expenses between the Kenai City offices, P.M.A. offices, the job sites, and the engineers offices involved. CLERICAL COSTS This bid includes the cost of all clerical work that is normally required of construction management of E.D.A. r t it Mr. Keith Kornelis May 8, 1978 Page 2 SCHEDULE OF PAYMENTS 301 Initial payment (upon execution of contract) that will cover costs for work performed in April and May of 1978 ------------------------ $14,640.00 301 Payment to be billed June 1, 1978 ------------- 14,640.00 301 Payment to be billed July 1, 1978 ------------- 14,640.00 101 Retaining to be paid on successful completion (Estimated to be August 15, 1978)------------- 4.880.00 Total --- $48,800.00 Note: For accounting purposes, P.M.A. invoices will show each of the above payments broken down into proportionate - payments for each of the five projects. 07 JOB START in order to comply with critical requirements and deadlines of B.D.A., the actual job start for P.M.A. was April 28, 1978. The proposed contract price includes the costs of these services from the job start. (If this proposal does not lead to a contract, P.M.A. will then bili the City of Kenai monthly for any services performed at the rate of $31.00 per hour per man, which includes travel and clerical expenses.) JOB COMPLETION DATES BDA 907-51-20074 "Water Storage Tank" Project is scheduled to be completed by late July 1978. BDA 907-51-26966 '*Water and Sewer Improvements" Project is scheduled to be completed by the end of July 1978. BDA 907-51-26997, 26965, $ 26998 "Street Improvements" Projects are scheduled to be completed by mid August 1978. P.M.A. Inc. believes these completion dates are realistic and will inform all contractors that they are to be considered t- T _- �1I J11. .11.11 1111111 -_S. _ Mr. Keith Kornells May 8, 1978 Page 3 deadlines. If, through unforeseen circumstances, and in spite of all our collective efforts to the contrary, any of the above project dates are extended beyond those dates indicated, P.M.A. Inc. guarantees the hourly and inclusive rates of $31.00/hr. to apply to any tail -end work required through December 31, 1978. (Perhaps an option could be the city's use of an in-house employee to supervise any remaining details.) ADDITIONAL SERVICES Certain additional services such as surveying, soil testing, soil compactions, and concrete tests will, upon approval of the Public Works Department, be contracted for by P.M.A. Inc. at a cost which is a product of their customary rates by the actual hours devoted to the job. These services could be billed directly to the City with prior approval of invoices and timesheets by P.M.A. Inc. If the City so desires, P.M.A. agrees to sub -contract these services and then to invoice the City at actual costs plus St. The customary rates are detailed in attachments from McLane $ Associates and R 4 M Consultants. Estimates for total costs of these additional services for each project could be furnished only after conducting highly detailed and meaningful planning and scheduling meetings with the service companies and the contractors involved. Thank you for the opportunity to bid on this important work. If contracted, we will continue to provide the best service available. Ve ly yo r Robert A. Hensler, President PROJECT MANAGERS ALASKA INC. Enclosures: RAH/mkh -- - —- - - -- --- T ---.,-.— -- - r/. --_'% _ ~.._.. �• .. a _.fid•.-' _ _ �..i - �q 0,N) �1.1IFA"tF f �pfL1Y1 CAN�1dLTlUfvTE1, /f'4C. .. t •*rtrr , s � r .. A ... . . , .. • r.. . •r • ri tNf • f r 4 . at In r AIWrM•I r a» ' of atnu.+•� »• •«��� EFFFCTIM ""»••.••"" JAWARY I t 1978 LABOMT0RY FIELD TESTIN'd iSi{�R'31 ACCREGATES (A-1 thru A-21) t'1<iMRIALS (i3 -I th.a g-9) 8ab8K1 CONCRETE (C-1 thru C-9) asb8d6 - SAINI'LF: HANDLING AND STORAGE (H -I thru H-8) 856884 SOIL INDIA PROPERTIES AND CLASSIFICATION (S-1 thru S-21) 856885 SO 11, COMPACTION AND CONTROL TESTS (5-50 tbru 5-55) .F 3 Y ,r s ANCNONA4� ♦AfaUAMMO i s k E i-• w p t r 6 v • 1YNtAY VAlflft *&SOL&& 1 Ma / r -� te..-_---- r�11111�wIA�...,._.. - - ',_, o - . "._ -res----• ., . �— --"—".�.�r_'l - i .. - --- LAL'OH ATORl b F11:1.1r i .; r w; r Fife-CLive January 1, 1977 TEST UNIT NO. PEST 1TF%t UF'l:l NCE VR METHOD PRICE 13-t Sieve Analysisof Co�rsr•Graiiief Seri 1� ASf`1 0422-472i T88 25.25 S-2 Hydrometer Analysis of ASTH 1)422 AASHO T88 30.00 $oil { S -2a Hydrometer analysis for 0.02 nun only 25.00 S-3 Particle Sire Analysis of Soi1 A:rrM 0422 AASHO T88 45.00 (Combined Sieve & Hydrometer) S-4 Atterburg Limits (LL. Pi., PO 40.25 Liquid Limit Only ASTM D423 AASHO T89 23.00 Plastic Limit Only AFM 0424 AAS110 T90 23.00 8-6 Specific Gravity ALASKA T-2 20.00 Trichloroethylene F'ta%k S-7 Moisture Content AS1M 02216 6.00 - i 3-51 t1odified Proctor Cunrp.tctsoti 'rest ASTM 01557 AASHO T180 130.00 S-53 Field Density a. Sand Cann Nttttud A51Ttl 01556 AASHO T191 34.50 b. Washington•Dens-o-meter Meth++d ASTM 02167 AASHO T205 34.50 e. Providence Method 34.50 ` r � t, -q 4 1' iti!'+�tli�ili�ii�il'i)� +I z f w• , i t Ma S -S i Marshall field Control (Seel- of Three) 100.00 C-1 y - 7f if ASTM C39 MS110 T22 10.50 C-2 Unit Weight of Same Test. Cylinder :. I.ABe titil t►tit & t I t: 1,13 `t E til t'7G Field Control Tests 4 FEE SCHE!'Ll.t. 45.00 i Effective January 1, 1978 TEST VVIT NO. TEST 1T1:11 W-.1f.13.11NICE uR METHOD PRICE A-1 Sieve Analysis of Not, At.e;rt-gatr5 ANT" 0136 AASHO T27 15.25 A-2 Sieve Analysis of Cuarue Aggregate-, ASO 0136 AASHO T27 25.25 " A-3 Combined Coarses and Fine (Large 5ampir) ASTM C136 AASHO 1'27 40.25 A-4 Specific Gravity F' AN, +rpt irn. r. A. MIN C128 ASTM C127 23.00 or C.A. ASTM A-12 Fractured Part icie u (414W Al,af;k., T-4 17.25 b. Air Content by preessure• Method 0#10) Alaska T-4 23.00 8-1 Asphalt Content ;ei Dittewtwus HiMief ee: AN T3 D2171 AASHO T164 55.00 8-2 Gradation of Extracted Aggregates AASHO T30 25.00 $-3 Density of Compacted Bituminous Hixturrs a. Paraffin -Coated Speriusens ASTH 01188 AASHO T166 15.00 b. Saturated Surlavee-Dry Sperilme'Ita A8111 02726 10.00 I S -S i Marshall field Control (Seel- of Three) 100.00 C-1 y Compressive Streisgth (bei X 12" Gyl }. ASTM C39 MS110 T22 10.50 C-2 Unit Weight of Same Test. Cylinder 2.00 C-6* Field Control Tests ARM C138 AASHO T121 45.00 Minimum ch4cge per Trip Includes Below Listed Test: _ (slump, air content. Basting three• eyl., pick up, curing, and l 1 na l report) j.i. C-7* Firld Control Teeute+ (Individual) a. Slump ASTM C143 9.00 s: b. Air Content by preessure• Method OSTM C23 AASHO T152 12.00'* _—, - C. Casting fill X 12" Cyl wer ASPM C31 AASHO T23 7.00 - Minimum chargee per trip for vonerete test 36.00 H-5 Cure Concrete Cylinder w10 Compression Testing 8.00 a r 1 OTHER SERV1C1:S J A. Drafting (Graphic Prew-jour iuu) $25.00/hr(40 hr/wk) 33.25/hr(o.T. ) B. File Search and Reissue ut Report ttinimiun 15.00 C. Testing Fquipment krnwi - un Rryaoaa "finimun 75.00/nontti ! .A �iY�'�'.�yai►r�a�,. �izr�irr+e!�� ���"+�is�i���.�llff(irtt h .. , 3 li i I .A l LA1101cA"'e 1I(Y h F I r III) 'I LIST 1 6116 KE SCIIEDViT Effective .lanu.ery 1. 1778 TECIL41CAL SKRVICKS A. Engineering Technician x'$30.00/hc(40 hr/wk) 2 1 'x$40.00/hc(O.T.) l LA1101cA"'e 1I(Y h F I r III) 'I LIST 1 6116 KE SCIIEDViT Effective .lanu.ery 1. 1778 TECIL41CAL SKRVICKS A. Engineering Technician x'$30.00/hc(40 hr/wk) 2 hours Y 'x$40.00/hc(O.T.) To perform field test iol; (%ampi ins;. c •ring, compaction. cone rete• field Control. he•t plant C. SAMPLING OF HATERIAL productiuu cont. rall hour B. ASSISTANT TO 0,GI.4rF.R ANS SKCIAL INVENTWAT107, $25.00/hc(40 br/wk) Minimum Inspection or Testing 33.25/hr(O.T.) C. SOILS LANuRNruRY 'rrCIINII:IA4 $20.50/hr(40 hr/wk) _-- 27.30/hc(O.T.) AIR FARE, FREIGHT, PARKINC, To process or 11retpa re camp 1 es + 10% (Shelby Tube, bulk Sample, Storage, Pick-up, Delivery) D. SUPERVISION OF TECHNICIANS $35.00/hc E. MILEAGE OVER 10 MILK RADIUS 0.25/mile Rate including vehicle and testing viluil►me-nt, generally requiring minimum or no supervision. ° • •' t1rL�u11C"� r•�tt1:J�,111'�tilWtMw_1:1"ttl•J.�.Yle�f1%Al"_Iif.'i�l.�.l��j'� For out-of-town preej4c•ts, rate a1/I/lying from time of leaving to time of returning home nffire•, and el::rally allowing one trip to home office every two weeks. MINIMUM CHARGES A. ENGINEERING TECHNICIAN AND SPECIAL THVI'WIGATION, INSPECTION OR TESTING. L 1. Show up - no work pe-rformed 2 hours 2. One-half working day or less 4 hours 3. Over one-h-ilt wurki nl; clary S hours 4. Standby Actual Time S. SOILS LABORATORY tECHNICIANS 2 hours Y if C. SAMPLING OF HATERIAL 1 hour - D. PER DIEM - ACTUAL COST + 101a Minimum $40.00/day _-- E. AIR FARE, FREIGHT, PARKINC, Actudl Cost + 10% I Y,�+��`. r �y f 1+,1 ° • •' t1rL�u11C"� r•�tt1:J�,111'�tilWtMw_1:1"ttl•J.�.Yle�f1%Al"_Iif.'i�l.�.l��j'� ' " r"'. MctANE & ASSOCIATES 49""1090 LAMP 9UOV9V0" " P.O. sax 440 • PHONE 285.6210 SOLOOTNA. ALASKA *@SO* 1 { ! i SIMV TM RATE SCHE C1IE JANUARY 1, 1978 to follaAM listed rates PwtainiM to swnrt'Ying services PerfO=W by us on non union Jobs Will be in effect thin date: _ Faqular Tiara Over Time Doable Time t 1 man drafting $18.00 $25.00 $ 32.00 1 man compatirg (calculator included) 20.00 27.00 34.00 Senior prertnsr R.L.S. 25.00 35.00 45.00 (design A oartputations) ` 2 as field mw 44.00 58.00 72.00 3 men field crew 60.00 80.00 i 102.00 4 men field ctew 76.00 104.00 132.00 F etdW or other materials needed, not included in the above. The above rates include the arenas travel bsy�Ond , required,aa mileage factor otion within the ff $0.20/mile my be cherged« North FAnai, at tnrz Wle also have the folia ag equipment which Z use when applicable at the rates Listed. ` W-3810 Ztat Station Electronic Measuring Deivift 0 $60.00/day. - HP-3600 8leatronic Measuring Device 9 535.00/day. M-10 Distant Electronic Measuring Device a $35.00/day. W-9810A P,mga moble Gilculator 0 66.00IMur. Aeomrdilg Fathmater 0 525.00/day. `� 340 Chbin *uissr (rates quoted request) 4 % t7t I 17 But w/100 RP O.S. 0 $60.00/day. 13' Boat w/10 MP 0.8. a $30.00/day. Vx6U Track enaw mine 0 $30.00/day. A,'/%r Partner one i EM 11 4 The following items are over SS00.00 which need Council approval or ratification 5-17-78 VENDOR AMOUNT DESCRIPTION PROJECT/DEPT. A/C CIIARGE AMOUNT P.O. PUu APPAUVA1. Kenai neiding Supply 828.18 Regulator for Animal Control Anti-Rec. operating Sup. 572.88 122$8 nitrogen chamber Streets Rrepair $ Maint.&up. 218,90 12275 {i various welding Fire Sm. Tools 4 Minor Eq. 36.40 12303 materials 4 supplies 12503 12505 Rents Rent -All 1,618.00 Pump, Engine, Streets Machinery 4 Equip., 1,478.00 12216 various rental Sewer Treatment Operating Sup. 12.50 12471 equipment Water 4 Sower Repair 4 Maint. Sup. 17.$0 12358 Shop Sm. Tools 4 Minor Eq. 110.00 12361 Dawson 4 Co. of AK 2.396.00 Workman's Comp. Logisiativa Workman's Coop. MARCH -1".0 APRIL -_". 0 March 1978 City Attorney " „ 9.00 9.00 2,367.00 Workman's Comp. City Manager of of 17.00 17.00 April 1978 Finance to It 33.00 33.00 Dept. of Revenue if of5.00 5.00 City Clerk to of6.00 6.00 ' Libr e ft of 9.00 9100 Comm ications of 22.00 22.00 1 Police '• "' 783.00 724.00 Fire " " 640.00 648.00 i Fire Aux. ,e o 3.00 4.00 PW Admin. " " 38.00 38.00 Plan 4 Zone " •' 3.00 2.00 Streets to to 195.00 169.00 Bldg. Inspector to „ 41.00 41,00 Shap of to 166.00 164.00 Animal Control to IF: 58.00 S3.00 Water 4 Sewer " " IS9000 195.00 Treatment Plant of to 124.00 142.00 Airport Land to to 21,00 21.00 Airport Admin. of " $.00 $.00 Council on Aging " " 30.00 30.00 Council on Aging -Sup, " " 22.00 22.00 _ City Attorney -Anti Rec. of " 3.00 4%00 Library -Anti Rec. of " 3.00 3.00 American Tire Ware- house, Inc. 854.70 Tires Police Operating Sup, 864.70 12369 ::._. Marathon Oil Co. 7,S03.76 Gas Usage Central Treasury Doposit/w deposit 7,503.76 Union Oil Co. of CA 8,115.22 Gas Usage Central Treasury Deposit/w deposit 8,115.22 i i r t j �1 3' r 5r i k 1 4 k r I I f Silver Burdett 1,165.50 Books Library -Anti flet. Books 1,16S.S0 12224 Company Homer Electric Co. 4,817.61 April Electricity Non -Departmental Public Utilities 40.94 Library 09 to 191.68 Police .. TM 133.70 Fire of " 343.80 Street to of 726.75 State Lighting " " 485.60 Water 6 Sewer " TM 1,767.52 01 Airport Terminal if to Airport M 4 0 ': " 397.37 Travelers Ins. Co. 3,662.32 Medical Premium City Attorney Medical ins. 118.78 April 1978 City Manager " " 121.23 Finance •• ': 434.64 Dept. of Revenue to to 114.23 City Clerk " '" 115.98 Libra •' '• Council on Aging " "' 113.18 communication " '" 496.77 Police " " 1,094.52 Fire " '" 824.53 PW Admin. " " II9.13 Plan 4 Zone " '" 113.88 Streets *' '* 577.4$ Bldg. Inspector " '" 116.68 Shop " " 348.29 Animal Control " " 114.23 Water 6 Sewer " " 230.91 Treatment Plant TM " 231.26 Airport Admin. " "" 114.23 e I. Western Utilities 845.40 Pipe for ball Parks Repair 4 Maint. Sup. 164.40 12345 park waterline, Water 6 Sewer Repair 4 Maint. 681.00 12440 Direct Safety Co. 3,029.21 Various tools Shop So. Tools 4 Minor Eq.3,029.21 12145 - Chevron U.S.A. 1,298.71 Fuel Shop Operating Supplies 10298.71 12375,1228 12449,1238 f -----•moi-! I f Peninsula Auto 1,446.SS Various operating Shop Parts 12361 supplies Water 6 Sower i Xerox Corp. 856.22 April Charges General Fund Print. 4 Bind. 7.40 i Legislative 212.69 1 1 City Attorney 27.51 City manager 141.02 Finance 41.10 Council on Aging •' 180.00 PW Admin. Communications 1,088.15 Library Glacier State Tel. 770.17 April Phone Chg. Non Departmental 7.85 City Attorney " 2.60 City manager 7.00 Finance 1.40 PW Admin. 14.52 Bldg. Inspector 10.50 Shop •' 39.22 Animal Control $8.43 Treatment Plant 16.44 Principal 4 pept. of Revenue Interest Library j 14,640.00 12537 Council on Aging Police Fire Federal Reserve Bank 6,37S.00 Airport Terminal Debt Service 1 of Richmond Facilities Revenue Bond of IL96S Project managers, 14,640.00 Project Coordination Capital Projects Alaska, Inc. Inspection Services Repairi4gMaint. 12341 Sup. 235.00 12361 Sin. Tools 4 Minor Eq. 92.43 machinery 4 Equip. 1,050.00 Print. 4 Bind. 7.40 i 212.69 1 1 118.83 27.51 141.02 •' •' 41.10 130.67 •' 180.00 11307 Communications 1,088.15 94.01 " 18.10 7.85 " 2.60 7.00 38.77 1.40 14.52 •' 10.50 7.05 •' 39.22 $8.43 16.44 Principal 4 6,375.00 Interest Capital Projects 14,640.00 12537 i 1 1 FOR RATIFICATION Janis Williams 1,157,60 80 hours worked City Attorney Salaries 1,157.60 worked subsequent ., -� _ i � .- ._ - T=,; ---'.�]•.._=�'�--. _, m_"_-" -',.., .. .._tii.emiiii�ei�u City Attoxnoy•Anti Rec. ur�i imnu i i 591.00 I Supplies City Attorney -Anti Ree, Office Supplies 75.00 Public Employees FOR RATIFICATION Janis Williams 1,157,60 80 hours worked City Attorney Salaries 1,157.60 worked subsequent to termination 181.1 666.00 flag card rental City Attoxnoy•Anti Rec. Rental 591.00 Supplies City Attorney -Anti Ree, Office Supplies 75.00 Public Employees 12,667.03 Retirement Non 110partmental Withholding Liab. 4,100.76 _ Retirement System April 1978 City Attorney Retirement Expense 229.13 City Manager " ' 286.42 Finance " to 849.92 pept. of Revenue " to 121.1S City Clerk Not of 163.67 Library " of 246.20 Council on Aging Retirement Expense 95.45 Communication " $86.03 Police " " 1,826.59 Fire " " 1,601.39 PN Admin. " " 290.35 Pian 6 Zone " " $6.19 Strout " " $01.65 Bldg. inspector " " 179.02 shop " " 497.32 Animal Control " " 134.63 Water R Sower " " 442.17 Treatment Plant " " 353.16 Airport M 6 0 " " 73.36 ' Airport Land " " 124.30 National Bank 800,000.00 Repo (6 7'/81) Central Treasury Investment 800,000.00 of Alaska i . J i I CITY OF KENAI ORDINANCE NO. 405-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE CITY MANAGER TO NEGOTIATE FOR THE SALE OF CERTAIN TAX FORECLOSED LANDS TO PHILIP W. BRYSON AND G. CRAIG FREAS AND APPROVING THE TERMS AND PRICE THEREOF. WHEREAS, certain parcels herein below described have been foreclosed on by the City of Kenai for non-payment of special assessments and have been deeded by the Superior Court to the City of Kenai, and WHEREAS, the City of Kenai by Ordinance No. 335-77 offered the parcels for sale at public auction on June 15, 1977, and said lands were not sold for failure to meet minimum bid requirements placed on said parcels, and . WHEREAS, by virtue of Ordinance No. 312-76 the City Manager may negotiate for the sale of the land in cases where no offer meets the minimum bid, and the Council must approve the price and terms thereof of any such negotiated sale before the sale shall be binding upon the City, and WHEREAS, the City has no public use for the parcels listed herein and `- is empowered by State Statute to sell such parcels. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section 1: The City Manager is hereby authorized to sell the toilowing parcels to Philip W. Bryson and G. Craig Freas pursuant to the price and conditions as set forth in Section 2 hereof: (a) Lot 5, Block 3, East Addition, Kenai Townsite Kenai Recording District (Tax Parcel No. 047-il3-0200) Former Record Owner: Donnell DeWoody 7440 Rovena Street Anchorage, Alaska 99502 (b) East one-half of Government Lot 36, Section 31, Township 6 North, Range 11 West, Seward Meridian (Tax Parcel No. 043-050-1200) Former Record Owner: Effie McNair Bremond Box 1478 Soldotna, Alaska 99669 A I l� 40 _ Section 2: The sale prices for the two parcels are: Parcel (a): $2,000 Parcel (b): $6,000 Thepurchase price will be used to satisfy all assessments and tax obligations levied against the properties and the City will provide a tax foreclosure quitclaim deed upon payment in full of the purchase price. The terms of payments will be: 1. An earnest money payment of three percent (3%) of the purchase price. 2. Parcel (a): Balance due at time of closing. Parcel (b): Additional seventeen percent (17%) of purchase price at time of closing, with balance per written agreement with the City in ten (10) equal annual payments, plus eight percent (8%) interest compounded annually. PASSED by the Council of the City of Kenai, Alaska, this day of June, 1978. ATTEST: hL bus C. Yeter, City Clerk 4.. j 0 VINGLOT U' RULLY , MAYUK FIRST READING: MAV 17. 1978 SECOND READING: June 7. 1978 EFFECTIVE DATE: Julv 7. 1978 r, k.. 1 r - I�_ _'-, i 1. •l.__! li.w _ �,.. - . . . • .- _ CITY OF KENAI ORDINANCE NO. 406-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR COMMENCING JULY 1, 1978 AND ENDING JUNE 30, 1979 AND SETTING THE TAX LEVY FOR SAID FISCAL YEAR. WHEREAS, it is a requirement of the Code of the City of Kenai, Alaska that the City Council not less than ten (10) days prior to the end of the fiscal year, adopt a budget for the following fiscal year and make an appropriation of the monies needed therefor= and WHEREAS, it is a requirement of law that the rate of levy for the property tax be set annually. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: A tax in the amount of mills is hereby levied against all taxable real and personal property in the City of Kenai for the fiscal year commencing on the lot day of July, 1978 and ending on the 30th day of June, 1979. Section 2: That certain document entitled "City of Kenai 1978-79 Annual Budget" which is attached hereto and incorporated herein by reference, is hereby adopted as the budget for the City of Kenai for the fiscal year commencing July 1, 1978 and ending June 30, 1979. C� i t- 4 f � - J ORDINANCE NO. 406-78, Page Two Section 3: The following sums of money are hereby appropriated for the operations corporate purposes and objects of the City of Kenai for the fiscal year commencing on the lot day of July, 1978 and ending the 30th day of June, 1979 to defray all expenses and liabilities of the City during the fiscal year to be expended consistent with and subject to the restrictions, procedures and purposes set forth in the Code of the City of Kenai and to be expended substantially by line item in the manner shown in the budget adopted by Section 2 hereof: General Fund Operating Budget Restricted Reserve - Capital improvements Restricted Reserve - Contingency Water and Sewer Fund Airport Terminal Fund Airport Land System Fund Debt Service Fund PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 1978. ATTEST: Sue C. Peter, City Clerk I I �I p � 7 I j , i VINCENT O'REILLY, MAYOR FIRST READING: May 17, 1978 SECOND READING: June 7, 1978 EFFECTIVE DATE: July 1, 1978 IT- - - -_ -N *10MR1.1 11111 IIII III CITY OF KENAI ORDINANCE NO. 407-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECTS FUND ENTITLED WARM STORAGE BUILDING WINTERIZATION. WHEREAS, the Economic Development Administration has tendered a grant offer under the Public Works Impact Project, and WHEREAS, Resolution No. 78-61 authorized the City Manager to execute an acceptance statement on behalf of the City for a grant of $26,400 (80% of project) to winterize the Airport Warm Storage Building, and WHEREAS, the City of Kenai must contribute $6,600 of matching monies for the grant, 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 the following Capital Projects Fund be established and that increases in estimated revenues and appropriations be hereby made: Airport Land System Increase Estimated Revenue Contribution from Fund Balance $6,600 Increase Appropriations Land - Transfers to Capital Projects 61600 Capital Protects Fund - Warm Storaee Building Winterization Increase Estimated Revenues PWIP - Federal Grant $26,400 Transfers from Airport Land System 61600 ORDINANCE NO. 407-78, Page Two Increase Appropriations - Warm Storatte BuildinK Winterization Administration Engineering - Basic Fees Engineering - Other Inspection Construction 23,400 Contingency 31000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of June, 1978. VINCENT O'REILLY, MAYOR ` ATTEST: Sue C. Peter, City Clerk r. t FIRST READING: May 17 ,1978 SECOND READING: June 7, 1978 EFFECTIVE DATE: June 7, 1978 1 u r I. - f t /j A IL CITY OF KENAI ORDINANCE NO. 408-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $31,060 FOR TITLE U, ANTI -RECESSION REVENUE SHARING FUNDS. WHEREAS, Resolution No. 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. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the 1977-78 General Fund Budget, Water a Sewer, and the Anti - recession Special Revenue Fund be amended to reflect the following increases In estimated revenues and appropriations. Soeeial Revenue Fund Increase Estimated Revenues: Public Works Employment Act of 1976��d�0� Title H, Anti -recession Revenue Sharing Appropriations: Inter Fund Transfer to General Fund 30,910 Inter Fund Transfer to Airport Land System Fund 160 General Fund Estimated Revenues: Inter Fund Transfer to General Fund $300910 Appropriations: Legislative Small Toole a Minor Equipment 500 4 L I i _.. ORDINANCE NO. 408-78, Page Two City Manager i Miscellaneous 80 Small Tools A Minor Equipment 80 Office Supplies 50 Public Works - Streets Repair a Maintenance Supplies 20,000 Professional Services 8,000 Poli$e Department - Small Tools A Minor Equipment 100 Fire Department • Miscellaneous 800 • 149911 Office Supplies 1,000 , ' r Library Salaries a Wages ' , . 500 Books 51000 Airport Land Svstem Fund Estimated Revenues: Inter Fund Transfer to Airport Land System Fund 150 r - Appropriations: '� Airport MAO Professional Services 150 ,.. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of _ - June, 1978. i VINCENT O'REILLY, MAYOR _ T — ATTEST: ' Sue C. Peter, City Clerk FIRST READING: May 17, 1978 r SECOND READING:1 June ?, 1978 EFFECTIVE DATE: June 7, 1078 i APPROVED 8Y FINANCE DIRECTOR: a - , L F- - --- ---- --- 0 • IL I 1. 1 _.__. -1 .- _. dft S -V'T!s ,y�r amity !�ovit yf !/ 'b , h9vtr:w ht ! 4nL•: ''.r P..te rr, �` ..,;3 • a., . sr., s ly-n tel In t". °"?� T,;...a vre-i (:iV f-311'1 Ai�.'.1 ... +' .y inlet 7ivu, n :a C•ertr: 2 The ebve Arora h47o gprf.zlr--U•1y t, -r. I r.il• . ;." _-v-f! : tr vlltc curt and ;litter. In the present csrditinr, of a i of Wirt -nd tranh, i •:f ti.>rn to t'rvt it will tc6re v b*1.t c:enn t%:c streeta listed Above. , T'rerefore, 1 nubmit thin carate in the onj :r.t of t Arco t=.r"an-r.•s doiltira ($800010) for the entire ovoupiny j:,r,. ":hts rr:: trclud:• q } knlper to remove larg' ktarra, ae boo-rir, t-• t are !,re!!e tly Ir obandonee to some erNas, And —:r -etre, heavy Aacr.crulet, ,no of •••.d :� some oreea.:'y ororsting rate is n: f ty ($50.Cr; per 'h: jr, Ar.•i In tint T am ebio to do it in less than ntxtf !�oura, yon. v1.11 be btlleA only for the actual hours at this rate• In t -:e evert try t It takes ,,z longer twin sixty hours, yogi will be HIM for only 47.7.0.' C. � There are at present quite a few obstacles is none atretts, such , Pis bomtst trailers and broken dwnr care in those streetoo t vvll not be responsible for moving these abata.lea, oral if ti.E-y Are nit alorred prior to swooping, I will have to go nround them, whim: -:could loosen both the effectivness and spearence of the job. ReareAf-illy - - y� 44XAA !ioirarcl L. ? :dart on �o19nt:►o, t, lasi:a S�C£A 26S -h: b3 lagaiIII_ III 1111. IIl�11. I.L I I •. `^ I • n CITY OF KENAI ORDINANCE NO. 409-78 AN ORDINACE OF THE COUNCIL OF THE CITY OF KENAI REPEALING SEC- TION 17-78 OF THE KENAI CODE. 1863, AND ENACTING A REVISED SCHEDULE OF RATES FOR USERS CONNECTED TO CITY WATER AND SEWER SYSTEMS; ALSO, REPEALING ARTICLE 1, ELECTRIC SERVICE, CHAPTER 17 OF KENAI CODE. WHEREAS, revenues of the water and sewer systems have been found to be insufficient to operate and maintain the systems to a reasonable standard;, and WHEREAS, monthly service charges are the principal source of revenues for operating the water and sewer systems; and WHEREAS, levels of service and operating condition have caused increased costs at least equal to the inflationary rise of the prevailing price levels since estab- lishment of water and sewer rates; and WI 3REAS, City of Kenai no longer is operating as Kenai City Electric; Kenai City Electric was sold to Homer Electric. Because these provisions are now out of date, these provisions in Article 1, Electric Service. of Chapter 17, Kenai Code, should be repealed. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section 1. It to the finding of the Council that an increase in monthly service or user charges is urgently required in view of the drastic increase in costs, which at least equals the inflationary rise of prevailing price levels since the establishment of the water and sewer rates by the City of Kenai, Alaska, on May 18, 1973. Section 2. Section 17-76 of the Kenai Code 1963 is hereby repealed. Section 3. Section 17-76 (now numbered Section 17.40.010) is hereby reenacted in its entirety as attached to this ordinance. Section 4. Article 1, Electrio Service, of Chapter 17, PUBLIC UTILITIES AND ENTERPRISES, Kenai City Code, is hereby repealed in its entirety. CITY OF KENAI ATTEST: Sue Peter, City Clerk Vincent O'Reilly, Mayor FIRST READING: May 17, 1978 SECOND READING: June 7, 1978 EFFECTIVE DATE: July 7, 1978 P. I e. Chapter 40. Water and Sewer Rates 17.40.010 Water and Sewer Rates 17.40.010 Water and Sewer Rates The charges to users of water and sewer systems within the City of Kenai are as follows: 1. SCHEDULB A - GENERAL DOMESTIC SERVICES RATES Per Month • W= Sewer One- or two-family residence, per family unit $12.00 $10.55 Single or double unit apartment, per family unit $12.00 $10.55 Aparbaent, three or more units under one roof, per family unit - Single bill $ 9.00 $ 7.90 assumed by owner. Separate billing. $10.00 $ 8.80 Trailers, one or two on single lot or court (each) $12.00 $10.55 Trailers, three or more on lot or court, per trailer unit - Single bill assumed by owner $ 9.00 $ 7.90 Separate billing $10.00 $ 8.80 Minimum Charize: One month's service Special Conditions: The above schedule is restricted to service used exclusively for general domestic purposes, as distinguish- ed from commercial or other uses of water service. 17.40.010 Water and Sewer Rates (continued) 2. SCHEDULE S - COMMERCIAL SERVICE (JON -METERED) Per Month n ui u.. evx:-._..-- 17.40.010 Water and Sewer Rates (continued) 2. SCHEDULE S - COMMERCIAL SERVICE (JON -METERED) Per Month Water Sewer Base Rate: (Applicable to all customers receiving service under this Schedule, unless otherwise specifically excluded.) $ 10.00 $ 8.80 Demand Chores: (Applicable to indi- vidual customers where water connec- tion is one inch or longer, and is rated on the equivalent line size. This is in addition to the Base Rate and Use Charge.) 1" service $ 8.00 $ 7.00 service $12.00 $ 10.55 1-1/2" service $20.00 $ 17.60 2" a larger service must be metered Bake" $ 53.50 $ 47.00 Bath House - Tub or shower, each $ 5.50 $ 4.85 Beverage dispensary: Each seat, to a including 30 $ 1.60 $ 1.40 Seating capacity in excess of 30, per person $ .40 $ .35 Bottling works, per bottling machine $166.70 $140.70 Bowling alloys, amusement parks amusement parks tMote 2) $ 20.00 $17.60 Boarding houses, per available room $ 3.40 $ 3.00 Car lot, with car wash facilities $16.00 $ 14.00 Car wash, automatic, per stall $400.00 $352.00 Car wash, self-service, per stall $ 26.70 $ 23.50 a t1( 17.40.010 Water and Sewer Rates 2. SCHEDULE H - COMMERCIAL SERVICE (WON -METERED) (condnuedj Per Month Water Sewer Churches $ 12.00 $ 10.55 Cleaners $ 20.00 $ 17.60 Clinics, medical: with laboratory and/or X -Ray unit $ 33.35 $ 29.35 without laboratory or X -Ray unit $ 12.00 $10.55 Clubs, lodges without bar or restaur- ant facilities ; 9.00 $ 7.00 Dairies - installation of water meter required Dentists' offices, per chair 9.35 $ 9.20 Garages, service stations; without wash rack $ 26.70 $ 23.50 with wash rack $ 53.35 $ 46.95 with automatic wash rack $400.00 $352.00 Hangar, airplane repair $ 6.70 $ 5.90 with washing facilides $ 33.35 $ 29.35 Hospitals, per bed $ 4.00 $ 3.50 Hotels: Per room, ten rooms or less $ 33.35 $ 29.35 Per room, over ten rooms $ 3.40 $ 3.00 Dormitories 08stabiishment providing sleeping quarters): Containing up to ten beds $ 24.00 $ 21.10 Capacity in excess of ten beds, per bed $ 1.35 $ 1.20 i 17.40.010 Water and Sewer Rates 2 SCHEDULE 8 - C01VIMURC1AL SERVICE (NON -MET . EKED ) [continued j Per Month Water Sewer Laundry, commercial self-service: Per machine, 15 pounds or less capac . $ 13.35 $ 11.75 Per machine, 15-30 pounds capacity $40.00 $ 35.20 Per machine, over 30 pounds capacity ;80.00 $70.40 Markets, meat (Note 1) $ 16.00 $14.10 Medical offices (except psychiatrists e optometrists): Per doctor, base covers first doctor Additional doctor ; S. ?0 ; 5.90 For 3 or more doctors, apply clinic rate. Medical offices - psychiatrists a optome- trists, apply standard office rate. Motels, with light housekeeping facilities (where billing is assumed by owner): one unit, no charge. Above base rate in excess of one unit ; G. 10 ; 5.90 Office buildings where single bill is assumed by owner, the base rate shall apply for the first four employees, no charge. Office, in multiple office building where individual tenants are billed, (the base rate shall not apply) ; 6.70 ; 5.90 Building with single office, apply base rate only. Restaurants, cafes, lunch counters, foun- tains. . For each seat, to and including thirty (Note 3) ; 1.20 $1.06 Seating capacity in excess of thirty, per seat ; .90 ; .80 a s 17.40.010 Water and Sewer Rates i 2. SCHEDULE B - COMMERCIAL SERVICE (NON -METERED) (continued) Per Month Vater Sewer Schools, per classroom $ 9.35 $ 8.20 Shopping centers (Depends on stores - ineluded in shopping center, Note 1 and Note 2) Shops, beauty, per basin $ 13.35 $ 11.75 Shops, miscellaneous 6.70 $ 5.90 Sleeping room, per room (without facilities for housekeeping) $ 3.00 $ 2.65 Stores, dry goods, gifts, variety, etc . $ 6.70 $ 5.90 ' Stores, grocery Coote 1) $ 8.00 $ 7.00 Studios, photo or photo lab $ 40.00 $ 35.20 Super markets (depnds on departments within store, Note i and Note 2) i Theaters, seating capacity 750 or less $ 40.00 $ 35.20 Seating capacity in excess of 750 (Tote 1) $ 73.35 $ 64.55 X -Ray or laboratory office $ 24.00 $ 21.10 Note 1: Additional charge for water cooled compressor per horsepower or ' ; ! fraction thereof without recovery unit. $ 4.00 $ 3.50 Note 2: Additional for other facilities such as restaurant, beverage dispensary, -=— etc. are at the applicable use charge for each such facility. a . •. � -� ._ i I I 1111111- _._� -- _.__... __ i �.. i 17.40.010 Water and Sewer Rates 2. SCHEDULE B - COMMERCIAL SERVICE (NON -METERED) [continued) Note 3: When a restaurant serves liquor and has no separate bar, no additional charge for a bar will be applied. However, when a restaur- ant has a separate bar, the bar stools will be rated at the over -thirty -stool rate. Minimum Charge: One month's service. Special Conditions: (a) Where more than one customer is served from the same serv- ice line between the City's water main and the customer's promises, the City reserves the exclusive right to determine how the Demand Charge under this Bate Schedule shall be ap- plied and apportioned between said customers. (b) The Base hate under this Rate Schedule includes appropriate charges for providing water supply, pumping, treatment and a minimum amount of water, and is applicable to all commercial establishments receiving water from the City. Cesspool Pumper Charge: $10.00 per dump. IL X 17.40.010 Water and Sewer Rates 3. SCHEDULE C - INDUSTRIAL SERVICE (Na 1 i Concrete mixing plant Concrete products ! Confectioner ; Greenhouse, commercial ! Ice cream plant Cold storage plant or lookers Additional for water-cooled compres- sors, per horsepower or fraction thereof. Demand C . e: In addition to the above, the following shall be added where the water connection is larger than 3/4 inch: in service 1-1/4" service 1-1/2" service 2" i larger service Must be metered. . Minimum Cheraw One month's service. Sewer Charges: Monthly sewer charges V_ 4 17.90.010 Water and Sewer Rates - 4. SCHEDULE D - FIRE PROTECTION SERVICE Fire Protection Service: For automatic sprinkler systems: 4" service $5/month 6" service $10/month Special Conditions: (a) 'Mater service under this Schedule shall be available, at the option of the City, to "dry type" automatic sprinkler systems for are protection only. • (b) All fire protection lines, sprinklers, pipes and valves on priv- ate property shall be owned, installed and maintained by the owner and/or customer. (c) All connections between the City's main and privately owned WHOM will be made at the expense of the customer. (d) At the option of the City, sprinkler service may be metered. The meter and the installation thereof shall be at the expense of the customer. (e) No top or outlet for use other than Are proteadon shall be permitted on fire lines or mains, unless approved by the City. (t) In times of emergency, the right is reserved by the City to f tarn off any Are hydrant and/or sprinkler system at the dis- cretion of the City Fire Chief or other authorized person. (g) No drains from fire sprinkler systems shall be directly eon- _. _ noted with the City Sanitary Sewers, and no cross -connection ! whatsoever will be permitted between fire protection facilities i = .. connected to the City's system and passible sources of contam- inated water. { T 'i 3 r k i 3 1' L' J V_ 4 ..lx III i 17.40.010 Water and Sewer Rates, i 5. SCHEDULE E - METERED WATER SEA f Per Month Per First 30,000 gallons Next 170,000 gallons Next 250,000 gallons Next 550,000 gallons Over 1, 000,000 gallons Minimum Charge per Month: Under Water Allowances f Meter Size for Minimum Chari V 10.000 gallons 1-1/2" 25,000 gallons 2" 60,000 gallons Over 2" - By special contract. The City reserves the right to deter be installed in all cases. Sewer Charges_ Monthly sewer chi charges. .7.90.010 Water and Sewer Rates 6. SCHEDULE F - TEMPORARY MISCELLANEOUS WATER SERVICE (Repealed) 7. SCHEDULE G - WATER SERVICE FOR BUILDING CONSTRUCTION One Time Service Charas Residential 2,000 sq. ft. or less $10.00/flat rate _100 sq. ft. plus $ 5.00/per 11000 sq. ft. Commercial/ Industrial 5,000 sq. ft. or less $ 8.00/per 1,000 sq* tt. 5,001 sq. ft. plus $ 1.60/per 1,000 sq. tt. Fire hydrant use may be permitted by the Fire Department, and upon payment to the City of a water change if not less than; Per use day $13.85 Per week $66.70 f 17.40.010 Water and Sewer Rates, i B. SCHEDULE H - WATER AND SEWER PE a. Water Line Size Fee a/4" $ 400 1" 600 1-1/2" 11100 2" 1,800 4" 5,800 b. Sewer Line Size Fee 4" $ 400 8" 1,200 c. The funds collected under this SO] for water and sewer capital imprV d. Where automatic fire protection sp the fee for the water permit shall 1 service rate necessary to serve th larger line is installed. hl':� MEMORANDUM '4�- TO: Honorable Mayor 6 City Council FROM: Sue Peter, City Clerk DATE: May 12, 1878 You will note that Ordinance 409-78, Revised Schedule of Rates for City Water & Sewer System Users is not included in your packets. We are in the process of extensive research in order to determine that all pertinent matters are included and relative ordinances rescinded accordingly. I shall have the ordinance to you prior to the meeting - on Wednesday in its completed and proper format. Thank you. t� i 4 r - 1. 7 i i I I' CITY OF KENAI ►f RESOLUTION NO. 78-78 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS BE MADE WITHIN THE CAPITAL PROJECT ENTITLED "EDA PROJECT NO. 07-51-20074 WHEREAS, the construction bid for the Fire Reservoir was under the budgeted amount, and WHEREAS, the Economic Development Administration has approved the addition of several items to this project, and WHEREAS, the renovation of Well No. 1, Thompson Park Water Line, Airport Way Water Line, and 5th Street Water Line has been approved? � i NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI tht the following transfers be made in Capital Projects Fund entitled EDA Project No. 07-51-20074. r• r• 77) FROM: ` Construction - 060, 900) Contingency (10,000) TO: Architectural i Engineering Basic Fees $42,000 Architectural s Engineering - Other o4.000 Project Inspection 24,900 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of May, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk APPROVED BY FINANCE DIRECTOR: � ! . a. i 0- CITY OF KENAI RESOLUTION NO. 78-79 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING ITEM #3 (LIBRARY CART) DFPnSITS) OF RFSOLUTION NO. 75-29 WHEREAS, Item #3 of Resolution 75-29 established a deposit of five dollars ($5) per card, or ten dollars (:10) per family prior to the issuance of any card, and WHEREAS, the Council deems it in the best interest of the City to discontinue the library card deposit policy. e f ' NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the policy of requiring library card deposits be discontinued and those deposits presently on the records be refunded. - PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1978. ATTEST: t - -� Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR INTRODUCED BY: Councilman Edward Ambartan i i ILI --.._ -- -� �-- � � � -- � -�-- .---• �. ---ter--- CITY OF KENAI RESOLUTION NO. 78-80 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING THE POLICY OF BILLINGS FOR AMBULANCE SERVICE. WHEREAS, the Kenai Volunteer Fire Department charged twenty dollars ($20) per response plus one dollar per mile, and " WHEREAS, the purpose of these charges were for the purchase of a replacement ambulance, and WHEREAS, the City assumed this service and continued to charge for services, and WHEREAS, Federal and State grant funds were used to purchase a new ambulance, and WHEREAS, the Council deems it to be in the best interest of the City to discontinue this policy. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the policy of charging for ambulance service be hereby discontinued. �. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of ..: May, 1978. ` VINCENT O'REILLY, MAYOR ATTESTS s Sue C. Peter, City Clerk INTRODUCED BY: Councilman Edward Amberian I CITY OF KENAI RESOLUTION NO. 78-81 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS BE MADE WITHIN THE CAPITAL PROJECT ENTITLED EDA PROJECT NO. 07-51-26998. WHEREAS, construction bids for the original five streets were under the budgeted amount, and WHEREAS, the Economic Development Administration has approved the addition of Airport Way to this project. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the following transfers be made in Capital Project Fund entitled EDA Project No. 07-51-26998. FROM: Construction ($9,123) Contingency (8,077) i TO: y Administrative Expense 11000 I Architectural/Engineering Basic Fee 61500 Project Inspection 4,700 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of May, 1978. . 1 i VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk I APPROVED BY FINANCE DIRECTOR: 1 R• F }, I ` 4 I A 4 CITY OF KENAI RESOLUTION NO. 78-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GIFT OF LAND WITHIN THE CITY OF KENAI. WHEREAS, Mary Lou Cacy is the owner of a certain parcel of land in the --. City of Kenai, Alaska, more particularly described as Lot 2, Block 20, Original Townsite of Kenai, (Tax Parcel No. 047-093-0200), and WHEREAS, the above-named party is no longer interested in retaining ownership of said parcel for the reason that it constitutes eroded bluff property in the Old Townsite and presents more of a liability than an asset to her, and WHEREAS, the above-named party has donated the property to the City of Kenai, and WHEREAS, it is in the best interest of maintaining proper accounting procedures for the Council to formally accept the gift of this land. s NOW, THEREFORE, BE IT RESOLVED by the Council of the -City of Kenai, - Alaska, that the City of Kenai hereby accepts the donation of the )above-described parcel of land from Mary Lou Cacy. PASSED by the Council of the City of Kenai, Alaska, this 17th day of May, 1978, i I� F ATTESTS ---- Due C. Feter, City Cleric • i E , ,e f. a E r e n VINCENT O'REILLY, MAYOR r i r W1 1 CITY OF KENAI RESOLUTION NO. 78-82 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GIFT OF LAND WITHIN THE CITY OF KENAI. WHEREAS, Mary Lou Cacy is the owner of a certain parcel of land in the --. City of Kenai, Alaska, more particularly described as Lot 2, Block 20, Original Townsite of Kenai, (Tax Parcel No. 047-093-0200), and WHEREAS, the above-named party is no longer interested in retaining ownership of said parcel for the reason that it constitutes eroded bluff property in the Old Townsite and presents more of a liability than an asset to her, and WHEREAS, the above-named party has donated the property to the City of Kenai, and WHEREAS, it is in the best interest of maintaining proper accounting procedures for the Council to formally accept the gift of this land. s NOW, THEREFORE, BE IT RESOLVED by the Council of the -City of Kenai, - Alaska, that the City of Kenai hereby accepts the donation of the )above-described parcel of land from Mary Lou Cacy. PASSED by the Council of the City of Kenai, Alaska, this 17th day of May, 1978, i I� F ATTESTS ---- Due C. Feter, City Cleric • i E , ,e f. a E r e n VINCENT O'REILLY, MAYOR r i r W1 0 •.0 MAIM t)1• Aulrnu9' LAKIIN 01.1 FAVIl.f 11-1. THIS AGREEMENT. entered into this day of 10 . by and betWeen the CITY 01' IMMAI. n homy.-rulr n:u::ieipnl curjn�w►tinp� orAlaskn. hereinafter ended "City", and B & C Supply Corporation her�•tl:nft�r caI1M1 '•1..:9h,ir". i i That the City. in consideration of the pnymcnts of the rents and the Performance of all the covennnts herein couadnetl by lite i.essee. docs heroby demise and lease to the Lessee the following ri.:xcrih.:.i property fr. tt-o Kenai Recording District, State? of Alat ka: to wit: Lot 7, Stock 1. Second Addition, Etolin Subdivision. Term: The term of this Lease is for SS years, commencing on the Mr day of June . 1978, to the 30th day of �Juno , 2Q3333 , at the annual rental o�1.996 • gS Payment: Subject to the terms of General Covenant 1'o. 10 of this Lease, the rental specified horeir, shall be payablo as follows: (a) Right of entry and occupancy is authorized as of the Is t day of Jmee _. 1978 . and the first rent shalt be computed from sueh date until Juno 30. 9 , at the rate of $ 5.47 per day for -30 days. equals 11=now duo. I� • (b) Annual rent for the fiscal year beginn►hng July 1 and onding ! June 30 shall be payable in advance, on or before the first day of July of each ! year. (a) Rental for any period gvinielt is lees than one (1) year shalt be prorated, based on the rate of the last tullyear. (d) The rent specified heroin is calculated as followa: #4,370 square feet at $ .045 per squaro foot per year, or 51.92.U5 per year. �i in addition to the rents specified above, subject to General = ' Covenant No. 10, the i.essee agrees to pay to the City fees as hereinafter � provided: (a) Assessments for public improvements now benefiting proerty i in the amount of , $Z • 175.60 , payable in accordance with Schedule .A" attached. i (b) Applicable taxes to leasehold Interest or other aspects. (o) Bales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessments levied in the future by j; the City of Kenai. as if Losses were considered legal owner of record of leased property (e) Interest at the Tato of eight percent (80 per annum and ton ppercent (10%) penalties on any amount of money owed under this Lease which Is not paid on or before the date it becomes due. I i� CtXX6It�1t11HiiK7tJ51t1lpjOltiXitK}4iiKl�iltlll[iil3'�C{ifeYl.K:idCKli}',;tlF�i:'sAX�Y } i j• f i :t Patfe One, LP.ASK Revision 4/20/70 , a k The purin,:ct• for wirivir trill 1.tnifot iK Ii t.tiI is:: Automotive - industrial retail/wholesale outlet, larts and equipment. in accordance with lessee's ease application dated March 8, 1478, attached hereto and hereby trade a part of this lease. 1. Uses: lixcept as provided herein, any riq;ular u .P of I.andg or faeilities without the written consent of they City in p-phihit+Nl. 9'11is proldbittan t stili not apply to nae of inI desit-notod by the "Ity for stn, r#tlr.l public uses. such as passenger tertr•innis, nntomobilt? tmrkIPF, neer -.vig str,•ctc. 2. i;ge4 Vet s" n11tomi :eta+1 ctr}frWi+;••n .if elf str.tl.y:t or this pronotiun or opopui atiott of any part or kind of 1ju%i nn« or co/rtvartnl enterprise. other than as speeffieuliy act forth hitt^. in. nionp. !r. or :ot^tf _ ofrport lands, without the written consent of that rIty is Pro's IWt gid. 3. Inpourditltr of Prourwrty: Any o1• all net•tiI or t^r t.} nrtssloI placed or used upon irnds or in facilities In violation of u^etslbitfon, mey .+r reamed and/or impounded by the f fty, and when ao ronanvod andhir ; impounded, such property may bo redeemed by the owner thereof only uvrin - the payment to the City of the costs of removal piul storai;e r!trrrgefs u* ct . nn per day, or $5.00 per day in the case of each buitdinr or each aircraft in excess of 0.000 pounds gross weight, or In the case of any other Wad o! ' {property. an amount not to exceed $5.00 per day, or in accardnnr a with such higher fees as may be incorporated Into regulations of City's Airport. ;. 4. Commitment for Rent and Han-Aa:+iknttuot: Losroc 4grros to pay the annual rental and fees specified rind not to nsaif n tltls Lifan" r+r any part, nor 1M. not, sublet. aither by grant or fmpNcetfon, tho whall or any part of the promises without written consent of the City, which cement r shalt be obtained pursu»nt to the following prourdure. k (a) Submittal to. and approval of, proposed lease transfer by r the Kenai Planning Commission. } (b) After approval by the from! Plannfnr Commission, final � approval of transfer by the City Council. Any assignment In violation of this nroviaion rIntll he vote!, and shall be grounds for cancellation of this Lease by the City. . S. Treatment of Demise: The Lessee agrees to keep the promises clown and in goat order at its own expense. suffering no rarlp ns- -, waste thereof. nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner - determination of the Lease. the Lessee will peaceably and quietly quit and . surrender the premises to the City. �... S. Payment of Rent: Checks. bank drafts or pottal money orders _ shall be made payable to the City of Kenai, and delivered to the City- ityAdministration AdministrationBuilding, Kenai. Alaska. '----..- 7. ' Construction Auorovol and Stisndards: Ruildinr construction shall be neat and presentable and compatible with Its use and surrounding. Prior to placing of fill material and/Or construction of bufldiotra on a longed _ a area. the Lessee shall submit a plan of proposed development of property to i i. the City Planning Commission which shalt be opproved In writing for all l permanent improvements. initials: s Losses/,'/ �J Lessor: i =r is Poore Two, LFASir Rovision 4/29/711 i fi i t S I' { k F t a, i k ••19ea.M,1 ��� Iltid� uniiw�r.c:—=-�- �---.. .--- - � '- K. hro:a• tA•uewni tt. yu.:.l 1•wu•rfin•e: i,.•:3vre t.h..li tvilhiu Thirty (30) (layx hefora tiro rxiiirntin ikr np'pliirolion in ivritinr fur• it renewal. ccrliiyhtfe, un.fi•r 46.+111 n:c to Ike plrar.0 1. r 111111 vniue forall isrproern anis existing; an till- t,nsd. foellities, prnperties, or Interest therein. the put•iro%l- for which such rl-newssl if; dcr:irvd, surd ..ueit athar informntlon ars thl- City may require. The Lessee lihnll drpn:,if wills tiuelb apptil-.utnn. file suss equivalent to one hundred percent (11101.) of flip t+rr•t•aillur altnunl rentnl Or fres still In rffrcl. Such application, when fullv eonferacing to the requirements herein stated, 'will extend the 1 entry nn rs •nnnrlt• t*r•1t•ngth 1m�ty until such time ns the. City t!iees nntice to f --im-e tins(: (a) The request for renthvet Me Item prarte.l. (b) The requ.•at Psi, reneu•e' ham i+ern el•stinn, reasons for such rejection. (a) The City line determiner) it to be in the he" nrthiie Infere,rs . or is required by Late or ragulatiin. to offal• the t.t::•tr a: a, •(d) That equitable considerations require a revision of the Lease prior to granting a renewal. 9. Right of Entry. Should default bo mndd In the payment of any portion of the rent or fees when duo. or in any of the eovertnts or edndldons contained in the Lessee the City may re-enter and take possegalon of the promises, remove all persons therefrom. and upon written rodee. terminate the Lease. 10. Rent Eimalation: In the event this Leave le for a term in excess of five (5) years. the amount of rents or (Fell specifier) horatn ohnll .:it the option of either party, bo subject to renegotiation for increase or decree.:- at Intervals of five (5) years from the let Clay of July preeltding tho effective data of this Lease. The amount of such rents or fees an renagotintn.t shall reflect Vic then prevailing fair market value of the leaseiteld . %n increase or decrease in the amount of rents or face shalt be affective, except upon ninety (90) days written notice. In tho event the parties are unable to agree upon the amount of such Increase or decrease, such amount altnit be determined by three (3) disinterested personal one thereof to be appointed by the laity Councils one to be appointed by Lessee, its successors or assigns-, and the third to be chosen by the two (2) persons appointed as aforesaid. The written determination of such three (3) porsona shall be final and conclusive, Neither party shall commence legal action without complying with this provision. 11. Aulldinjt Placement Ilnstrietions: No building or other permanent structure shall be placed within ten (10) fact of the boundary lino of any lot hold by a Lessees provided, however, that usher* tiro (2) or more lots hold by the Lessee are eontinguouo, the restriction in this condition may be (valved by written authorization of the City. 12. protection of Aircraft: No building or other permanent structure shall bo placed w[thin fifty (50) feet of Ilse pvopevty idle fronting; it landing strip, taxiway or apron without the written approval of the City. This area shall be used for parking aircraft only. 13. Notices: Ali written notices required by this i.mme Ar nnrmit shall be sent by registered or certified mail or delivered personally to the IL ,,1'ngfe Three. LRAMP, of Initials: Lease C.- (� ), bessar: Rrtvlelnn 4/29/)')1 a T r bud udtir,•ti•: of rtce►r.l h1 Iht• (It .••. Iof tbr• t'ity. 14. WA -1- tu irev Irfn►+•r•: TJoe nffor N+ to r;r i•. n• ,.Ir •,t:l•jr to nppticable laws. andrrt;utatiunt: of City, anti tasty bt• wilhdrnttin without 11utice at Lilly liners after thirty (30) days from molnattisinn Merest!, unb ::•. t:•iti►in t+uch tldrty (30) t!nys the Learev orxreutt's and returow the Len -.r ter ttv 1;►ty. 15. l'ndrrlyinlS 'i'itlr: The int.:res:ts irrnsfcrred. or colow •r•d by this I.••asc are sullf ••ct to any Rnd till of the, uns, insits, trt'rfl:• or .1•11e1iti,.q•v contalued in tits in-itrunsonts conve;yin- titly or utl;r•• intcrr•gtes t•, the Otty, 16. Iticht of blsl►!•etinn: City sir 11 h-ivc the right. ct rli rae•rn:nble Wrote. to 0111•:1• the In•crt l: c +. or Cry pirt t!vs • nf. fu: !I •: t.:r . er+ c of inspection. 17. Inaut!+nee: i,nssert cnvets:t,ux to the) Cft;,• h, ^tr.lsbr (!'e ; all actions, suits, llabllitirs or dortptroa resultinsr from or 41•It in,• •r:t rf ar f rata ofcontn:is-Cfnn or nmitssbtt by the: I.VS949c. hkt'tctc;tts, to racy.:. r- cu•ar,^r►•:, in itres, or orising from or oat'ot the t.essoct's oaeupsotfun, er tae a p: ths• pl•r^ ;!.4 demised. or privileges granted. and to pay all costs eonnr,:te l thertrwlth. Ir, • • this connection. the lessee setees to arranre anti nary for all the tollrr•otnr,: (a) Public liability insurance protecting bolts tit, City anti/or Its agents and the Losow. such insurance to be evidences: by a eertiilcatcr showing the insurance fit force. The amount of aitch i+ultife tipbility ir.ruranne shell have limits net less than those known as0 0 jjQ9 00pf# 50tO0O (b) Lessee agrals to carry employe! -'s liability insu inne and 11orkmen's Compensation insurance, and to hornislr p certificate: thet s',f to the City. (e) Insurance contracts providing liability insurance end Workmen's Compensation shall provide for not Inas than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverago. (d) Lessee agrees that waiver of :subrogation against tho City shall be requested of Lessee's insurer. and shalt be provided pt no cost to the City. (o) Cress Liabiti It is understood and agreed that the insurance afforded by thinpoliey or policies for more than one named inattrusi. shall not operate to increase the limits of the company's liability, bill oth(+rtrlso shall not operate to limit or void the coverage nt any one named insured as respects claims against the same named insured or employees of such other named insured. 10. Accountint( Obligation: Lnseen agrees to htrnish the $'ily an annual sworn statement of gross business receipts and/or an onatoal swarn statement of the number of gallons of fuel and nil sold onel/or any certificate or statement b) substantiate the computation of roosts or foot, innluding reports to other governmental agencies. 19. Collection of Unpaid Atonkts: Any or all rants, charges, frets or other consideration which are duo and unpaid at the expiration of voluntary or inveluntuty termination or cancellation of this Lonse, shall be a charge against the Lessee and Losseees property. rent or personal, and the laity 1. IMI have such lion rights as are allowed by Law, and enforcement by distraint •Initials - Lawler; Para Pour, LEASE kevirdon 4/29/70 r -, i N I Iliay tit- o►11do toy list- 1'ity fit' inti •n1111nri rd 1114.•111. 211. 1'tWi 11► •1d Go-:til,- tt.••,t•rt t�_i: I:itt• 1 i•! crt i•:: lh•• s i0.1, In :•I. tit and co11hol eutuments in. er nhnve FGO lensed. No sucll grunt ra- ail:lament will be n1•►dc 11th Will 11111•rnwnnbly inb•rb•re wills the Lrtia4e•3 uxt• of the land. 21. L� ro m.- %III-al'1111tt1te til ,tin an inlr tiPl ItlralltetilK: LaRVQi• a t•, t. 1_..1t:t that City may modify 111L. Lea,e lu nwel roti•:.:,: r.•enlie. ••1n•ilr rrt.• 1•r• dt;ra) rr ftitr 1rrmits. or tit ronform to the reip-h•enmittt for nosy r•tteltllr• tlotlr! Ct4v.•n• Int. ' potrever. the modification gh•Ili not Stet to reduce for rii!hts o+• te•(r+i��rs granted the Lestwo by this Lease. nor •let to catltte th•• r.r+wtt• r!r:+nc•:kt ln%u . 22. fit tit Nnnovn imisro errorts: f+:rtr�t� *i n;• nv ni+t! 1.:• •, allhist Lessen on airport iand; shall, s+irty (too) ctnv, nrter tttr• r•: •�irntien, termination or cancellation of the Into c. he rertnted, i,t•iri•!r!:.,l Slott. in t!te opinion of the city, such rc•r^nvel will nowt cause injury or d1 %.,rq tor. :hr, Ixnds: and further. providciJ tlslt the !•Sty may extend !!-.rt ti!r+• :ilrr r tr c•t!;•:: such improvements in cases where hardsl.lp is proven to its provided further. that application for extension has been mrrio in writinr, am 'received within said sixty (60) day perAW, The retiring Lessee ttsny,with - the consent of the City. sell his improvelttrnts to a susco-ofnq tt n-int. 23. Improvements Left oil Y^tscho)d: it ally imp~eveYeltt,: rrr'fce chattels having an appraised value its exett8ts of 510.000 es dotarint"O by lhr,• City, aro not removed within the time altotved by General Crtverotut No. 22 or this Lease, such improvements and/or che:teis may, uprin dun• not'wo ton the Leasee, be sold at public auction under the direction of the City. Th1: proceeds of the sale shall enure to the Lessee who ovrny such ictprrefments and/or chattels. after deducting and paying to the city all rents •-•r fee4 dut: • and 9%ing, end expenses incurred in making such stilt% If Mire ere no ot%or ' bidders at such auction, the City is authenrix sit to bld on rueh lmprovom(,ntrl r. and/or chattole an amount equal to the amount owed, or to become due to tho t City by the Lessee. or $1.00. whichaver amount Is groatar. Tito City shril acquire all rights to such property. both layal and atigttable, of such a anti•, - 24. Title of imnrovimmentn on Leasellold to etty: it any improvements and/or chattels having on npnl idsed value of 410,1!00 or less. ' as determined by the My. aro not romovetl within the time allowed by Aenerrti j Covenant No. 22 of this i.ease. such iittprovnmelts and/or chattels shell entire ' to, and absolute title shall vest in, the City. 25. Wrist to Adopt Rule.? Reserved- r (a) Pity reserves the right to adopt, amend and enforce ; reasonable ruloarond regulations governing the deinised promises and the R public areas and facilities used In connection therewith. Except in cases of - emergency. no rdlo or regulation hereafter adopted or amended by City ` shall become applicable to Lessee unless it has heels riven ten (10) days notice of adoption or amendment thereof. Such rules and regulations shall be consistent with safety slid with the rules and regulations and order of =� the kedoral Aviation Administration, i.essee agrees to observe, obey and ! abide by all rules and regulations heretofore or hereafter adopted or - amended by City: . (b) Lesson shall observe. obey and comply with any and all applicable rules, regulations, laws, ordinances. or orders of any governmentsf authority, federal or state, lawfully exercising atltltttrity over the Lessee or Lot.sce's conduct of its business. I 1 Initials: • LesseopPq • Lessors = t' Page Five. Lease Revision 4/20/70 ! • t i. I mita ulrn m I T_ (e') t•ily 01:111 wIt hr 1411-11• In Lrt.xty figs, filly 11i1:ti11111iun Ill- deprivation rdeprivation of passe -inion, fir of its,, rights berruuder. oil uetruunt of lilt• exercise of any %tic•h Host as, :mtlu,rity a:, ht thin: Me.•ti..n !19,4wielt•41, ma• ••11t,11 Lessee age entitled to termhlate file vrhnle or tiny portinn ur qtr trurtrhnid Pointe herein es,ented, by rea•:on of the enereiup of mt.-Is rirht,4 or outi•nrity, unless the exprefse there•nf t.hn11 so httnrfere with Les}..•e'a n••r find .ire•upsnvy of lila leasehold estate its to constitlgP a termination in whole or in part of this Lease by operntinn of law in +tecurdaore, with the l.ay.:+ of t!tc titab• of Alaska. 20. Aircr+lftOperations Proler-ted. (a) Their is hereby revers•etl p► flip, rity. itty ru, :•asvgrz ntri t,stdgas. for the use on•i benefit of the public. a righ' rif'tha:t fl,.- til- !+• of aircraft is the uir►.fonce abova flip surfi:re. of the prem (se; harefn toZether with the right to urmw in paid airspace tsttzh naive nv t*1:y 1,n iniu....... t in tlw operation of aircraft, now or hereafter used fns, nnvitrntlon of or flil•ht in tho air. using twirl airspace of lendi::v At. tokini! p f "ritin. es, 7•:-r; re• on the Ronal Airport. '(b) The Leasee by acceptinff this eorl•�cyrnr•.t vn••eK1,!v rte• :•.•+. for itself, its representatives, successors, and assigns. tit -it it will nrtt e•t•ee.t nor permit the erection of any structure or nbjeet, nor tgerf"it tt•P frrawth or any irees on the land conveyed hereunder, which woulle7 be All alviet•••t "atnictlon within the standards established under the Irevlorai Avtnflott Administration Regulations. Part 77, as amended. In the as or►t the aforr s lfrl covenant is breached, the City raverves the right to nnterr on Par, !ond conveyed hereunder and to remove the offending tstrw:ture es, nbjos.•t. ar.A to cut the offending tree, all of which shall be rt the eylmnse of tin Lor.,:e0 or its heirs,or succossors. or nssit;ne. (e) The Lessee by accepting lids conveyance m:protsly nrreete for itself, its representatives, successors, slid assigns, that it will not make N'4 use of the said property in any manner which might interfere with the Inndinrt and taking off of aircraft from said Renal Airport. or otherwise creating an airport hazard. In the event the aforesaid covenant is breached. the City reserves the right to enter on the lend conveyed hereunder and cause the abatemont of such interference at the expense of the Loasno. r 27. Light to Enjoyment and Peacoalito Possession: City hereby i agrees and covenants that the Lessee. upon paying rent and performing other covenants, terms and conditions of this i easc. shall havo the right to quietly and peacefully hold, use, occupy and enjoy the said leased preetivea. 20. Losses to Pay Taxes: 1,061,00 $Hall pay all lawfui taxes and assessments which, during the form horcof may become a lion upon or which - may be levied by the state, borough, city or any other tax-lovyiney body, upon any tearable possessory richt witch 1,08600 may have in or to the = promises or facilities hereby leaved, or the improvements thereon, by reason of its use or occupancy, provided howover. that nothing herein �? contained shrill prevent Lessee from contesting the legality. valfdity. or application of any such tax or aasoesment. 29: S ecM1 8Prvleus: Lesson agrees to pay Leaser a reattonnhlo - - - charge for any speciut services or faculties required by Lessee in writing. which sat vieas or facilities are not provided for hurain. 20. No Partnarshin or Joint Venture Created: it is expressly understood that the City shell not Ito comitrued or held to lie a partner or joint venturer of Loasee, in the conduct of business on the domised prominost Initials- Lessor: Pa a Six. MAnil: f. . IS lttieviniviaitnr 4/211/78 'r i I- M 0 811161 it i:. exprl•t.l.ly 1111.'•1 !.1401111 mall nl;rerd Ilyd tla• I'vUsliu,tt.1111% h, Iteeru the purtiet: ho:reto is. and shall fat fall lime.:: real=oio, lido of lan/tlnrd stud 14.1011111. 31. Defmult i1n11krulltcy, rte.. If file Lr1::re xhall intiLe 81ny 10t.tsi9nlueat for tits:br11efit 41cIt crr.ut r;. fir ,<h•dl he udjudiled :1 halk,"rnpt, or It it reeek•el- iµ oppointed for the t.al+•x•.t far 1.rlsaeol's asr.•ts.. or tnly hiter,••.l under this, Leona, and if tltt! a{.puitst1014•111 (of file t•eeeiv.•r t:: lint vaauto d t:•itls:n five (5) .;.lyb. far if a vuiuntary petililons It. filed tinder Sretiml III fit) of the 1tn1014rullwy Act toy the Lert:ne. then solid in any rvtnil, thoo a•ity r•r.y, upon giving slit'. Leine•• tan (in) ds►y4' notice. let•Ininrle 1111-4 1 pas n. . 32. Fn1•nccaronce Vot @'diver of t'itv't: nilChte: "to ts�: t•{It.a1•:• of C11:11•lras and f•.!ca Ity lite Pity far any pas•jotl ..r nt•rir„'- ;,(tri e' -halt of the t.tr::iti. c•jv.•n-uwi tend Colltil:tt•114 holoin to h.• Iter!-tr-tvtf try tllr• 1 ..-ve s.han two be R•:omed a waver of any rit htt• nn *I -,(,Dort of this Vity to Is •::'n •a this torrecrac•nt icor (afluru by lite. Lrnbt:: to t.,•• ff•rm. I:acu or rha••r! tar•; of the terns or covenants or conditions here4,f. 33. Rafaaonabte nuaratL,ns: Ths:1 Leava In at1b1(•,?t to c•orc •:h:li •: if the Lessee does not maintain such operations as the City in its a411co divel•elin:: -shall determine to be reasonable. or if this lessee falls to mainotiln t1 s:! :tf or facilities sufficient to reasonably execu!e the purpose for whWi 1111; Lease is granted. 1 34. Fair Oneraticlns: This Lease is subject to estncoli .tion I{ the 1-0899e falls to tarnish such service on a fair, equ.tl and not units ,fly discriminatory basis to all users thereof, or folis to charge .mfr. res incbill anti not unjustly discriminatory prices for tach unit or berv#cv,s provide d. that the Lessee may be allowed to malco reasonable and tsott•di4criminotory dieeountat rebates, or other similar typos of price reductions to volumt: purchasers. 35. Contrails to Prevent Dibcrilnfnotion: City reserves the right ' to approve all charges and privilege.» extended to or withheld from Use public. in order to insure reasonable charges and prevent porolble discrimination or segregation on the basis of r. alto. color. creed or nt4fenel origin, or for any other related reason. 30. Nondiserimint.tion: The Lossep. for hitnscif, his heirs, personal representatives. successors in Interest. and assigns, as a part 1 of the consideration hereof, does hereby covenant anal agree as a covenant running with the land, that in the event facilities are constructed, mnintninod. or otherwise operated on the said property described in thin, I.caso, for a purpose Involving the provision of ainnitar services or benefits, the Lessee � shalt maintain and operate such fncllities and services in compliance with I all other requirements imposed pursuant to Title 40, Code of Federal 1 i Regulations, Department of Transportation. Subtitle A, Office of the i Secretary, Part 21, Nondiscrimination In Federally -assisted Programs of the Department of Transportation -- Effectuation of Title Vol of the Civil Rigtits j l = Act of 1064, and as said Regulations may be amended. That in the event of breach of any of the above nonditcriminatien coverulnts, the City shall have i F the right to terminate the Lease nod to rc-enter and repossess said land and facilities thorcon, and hold the Raine as if said Lease had never been made or issued. _ 37. Nondiscrimination: The ►.oases, for himself. his personal ___ • representative, successors in Interest, and assignaI as u part of the consideration hereof, does hereby covensrnt and agree as it covenant running initials: t Lessee . t. i — tosser: Paco Haven. IYARF. Revision 4/20/70 = s� r. with ilia Insist that (1) not pvrnnll un lln- grounds of rove.. volts, fir woosnnnl origin shall he exeludrd from participation in, deni.sll tile hlmefi(s ar. or loss alhcrwir.o subjected to di•vs•b11ination its fise usv of 14.ill tsseitstic•j: V) Ilial in Ilio calldructien of only isnproveaenls nn. over. or undor such lmsd mad ilia furnishing of services thetleats. no lsvrton en the l!ruunda of race. Calm-, or national origin shall be e%cludvd from isartil,ipnthat let. duni.al till, l•rnefilss of. or otherwise be subjsaed W discrindtu►tton: (a) 1111111110 Lessee shall utso the premisos in compliance with all other requirovients imputed by or pursuant to Tille 49. Code of Federal neguintinns. Orimrim• nt of Transportation. Subtitle A. Office of the R-cretary. Part 21. Kondis.erirsirsstdal: in Federally -assisted Programs of the i)epnrtmnnt of 4'monPrntion -- idffeetuation of Title Ail of the Civil Rights Act of 1964. an/1 na: xald Rnpt:!afiens: may be amended. That in the event of breach of t.ny of the 11bove nnn/1 acs ir•!n s•f�:: covenants. the City shall havo the right to terminnt-i th•r I.ers.n and to re --ntnr end repossess said land and the frlcilitioss thereon. and hold the sm"o no if said Lease had never been mach or issued. - 36. Partial Invalidity: If any term. provision. condltinn or 'part of this Lease is declared by it Court of competent iosehidietton to b-: invalid or unconstitutional, the remaining terms, provisions. condition'or parts shall continue in full force and effect as though such declerrtion was not made. • 39. Parol Modifications: it is mutually underWrA and agreed that tills agreement, as written, covers all the agreomvltta. and eti;nslations I atwaen the parties, and no representations. oral or wAtten, have boon mode modifying, adding to, or changing the terms hereof. 40. Warranty: The City dues not warrant that the property which is the subject of this Lease is; suited for the use authisrissed herein. and ito guaranty is givon or implied that it shall bo profitable or ouiluble to blapl y the property to such use. 41. Additional Covenants: Lasso3e agraes to such additional terms and covenants as are set forth In tichodule 11. attached. iN WITNP.SS WHEREOF, the parties hereto have herounto ort their hands, the day and year stated In the individuet eel:noveledgemente below. CITY Oir KFNAI By CITY MANAnIM STATE OF ALASi(A ) ae. ' THIRD JUDICIAL DISTRICT ) On this day of . 19 . before me personally appeared , known to he the Perron it ho ext+eutad the above Louse, and the acknowledged that he (she) had ilia authority to sign, for the purpose stated therein. PoL•e Eight, LHASP Is NnTARY PUBLIC POR ALASKA i<ty C011111110si011 Expires: Revision 4/29/76 a I e • RTXfP OF ALANKA ) ) k4. '111tH) JUDICIAL 011'1'ItICT ) On this d:1y of , to . 110NI' r •�•. perdorally Appeared . I:r ren!^ !+e Us.• 1►: rsnr Who executed the Abnyn I•ea1.e 011#1 Rehlif •0mirf•,1 01.11 I,e 60to h''d I!-,. uulhority to diel) tho tome. for thy.• purp•.s<e+ 1h'•1 ••fn, X7'rA1tYi't'ttl.fi' R!; My Cemrrisidrt) ACICNO LEDG:+.It:NT FOR NUHI)AND A't9 lc)Ft' SoTATE OF ALASKA ) ) as. THIRD JUDICIAL DISTRICT ) Before me. the undersigned, a Notary Public In and for tlw Stets Of Alaska. on this day personally appcorud and . husband and wife, bath known to be the persona whose named are subscribed to the foregoing Lease, and aeltnowlodged to the that they executed the some as their free and voluntary not and deed, and for the purposes and considerations therein exprowded, GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day Of '19—. NOTARY PUBLIC FOR ALASICA My Commission Expires: LEASE CONCEPT AND DRVi MMIRNT PLAN APPRnVIin by Kenai Planninft Commission thls464?•day of L• SMPTA" PTAd�K6Ly APPROVF,D AS TO LVARF FARM by City Attorney Onitiala) APPROVED by Finance Direetoe LW-- _ (Initinla) APPROVED by City Alanager WWI (I tlnin) LEASR APPROVED by City Cnunell this tiny of 19 CITY CLERK Pago Nine. LEASH Revision 4/29/78 .,� SCHEDULE "A" f ASSESSMENTS Assessments for sewer have been levied against Lot 7, Block 1, Second Addition, Etolin Subdivision in the City of Kenai, Alaska. Lessee agrees to assume the assessments as levied in 1974 for Sewer Improvement District S-3. Payments of the aforesaid assessments shall total $2,175.60 and payments shall be made by Lessee as stated in the following payment schedule. On Execution Principal Interest 4/1/79 $228.50 $134.10 4/1/80 246.78 115.82 4/1/81 266.53 96.07 4/1/82 287.85 74.75 4/1/83 310.88 51.72 4/1/84 335.74 26.86 ( $1,676.28 $499.32 Interest on the principal portion of the unpaid installment amounts shall accrue at the rate of eight percent (870) per annum from the schedule due ' date to the date of payment. A penalty of ten percent (107,) of the unpaid annual installment shall be assessed for any amount paid after the schedule due date. INITIALS: LESSEE LESSOR 111 . C:,i• j::; t'I r, l t . • « ..n .. r ... . 1l.�tlf:E? Ifeat ICm ..._....�.._ .....,. pq I o f s t.' me of 1,p,pliccnt ._._.�.__ 8 & C SUPPLY CORPORATION ....__..._..�_..___.._�...... � ! 1►; d>~�•ss::..._.._...�..S�x...�T.8�12..-....�n�bt�►��3�....117.�tgka._22S.�.Q ....,.,._._. � ounincus ,'.rlsu• and neadress j C SUPPLY r-pWORI�TIOtiT r........ _ .._........�.....r. willow Drive -Kenai, Alaska 9*11atl Veninst,lu Iorougb Solem Tax Mo.7C-0019 ,,r„ _...,.... x St ato nasi nbab License No._.....r .Z 'l.-QQ958_.r..,.... I'i:orle 272w4._..��ro...3tg�! ,�r �(r:heck 0810).._.i._._I.t•n:;e,�.. ,... P4rtrt. £: I•it: Descript:i.on•. Lot 7 Block 1 Etolin SubdivisionL Second Addition ` rww.r..+..r+r..�...i.rrr+.1..r.r. r..««..,.......,....+. . ....r..«...r .«+...o�........ �. ucaired longth of Lease or Pormi.tr 55. year - leppert y to be Used for Aum i,Y$�I�n$�s�ri�l„xet it wholesale ou�let�, ,.Prt ati$,ttiPmentM_._ .�.._..._.. ..........,........»w........ r • Description of devclopswnts (type, construction, size, etc. Asox. 50' X 80' in size --Cement block construction -stone front. s Attach daveiopment: plan to Scala 1 inch 50 fac=t, showing All build- ings plunked. Tims3 f c -ha iulc 1978/79 construction season �• Ratltanto valuo of construction: t Dato L4 r r }F � k r � 3 I 0-M-0, 0.00. 00 signs - . r V._•- Robert; I;. Gordon, President ` 4 V Z 311 n uu JillDescription of Property In -r A n. FOR YOUR INFORMATION Annual rental rate or cost 414,;390 x .04,&.,= `# 1 Zoned for 1 IG MT 1 w h u s—# ,e IA) - Permits required R .L iX',. Assessments l✓L 0 _O Insurance Required A I Do, 000 / 3-30o Construction must be started by (jo #T141 N ,� 4 ; r .L* -A S E. - Completion date for major construction TWO APPLICATION WILL BE A PART OF THE LEASE ►provals: inning Commission ty Council Ceipt Acknowledged by applicant Page 2 of 4 By Py Paae 3 of 4 r BUILDDIG INFORMATION Name: 8 A C SUPPLY CORPORATION - t =; } 50' - 4 Construction materials: Cement Block - Frontal area finished 0 m a i in stone-like material with considerable amount of glass, � rI/I.I/...///�.K.MI.�MIIb WM.I.I11a/wMIM.r�.y11r1/W.I.NMrVY.I�.W�.MwMYSM.�YYM�..��. ��..�.y Scale$ 1" 12.5' -N- M 4 to �oLn_. '... ` .... s0' ho Thp plans for our proposed i.. b ilding would be a dup- ' 1 ation of the one we °0 a e peted on International Mir port road iu Anchorage. ` T}is was an initial 4000 square foot building that i.` was increased to 8000 feet +� by the addition of a sec - or -1 building utilizing a cc-nmon wall. v, 150' A - Scale 1" a ' a I 1 i F - I `M e L l ` Page 4 of 4 LAYOUT PLAN Lot Block 1 Subdivision Etolin — Second Add. � f Name B b C SUPPLY CORPORATION f 175.18' ! i �oLn_. '... ` .... s0' ho Thp plans for our proposed i.. b ilding would be a dup- ' 1 ation of the one we °0 a e peted on International Mir port road iu Anchorage. ` T}is was an initial 4000 square foot building that i.` was increased to 8000 feet +� by the addition of a sec - or -1 building utilizing a cc-nmon wall. v, 150' A - Scale 1" a ' a I 1 i F - I `M e L 00, 11 y�0 ]( • /..lea / 1 y ETOLIN SUE!' ., �z • . SEGOW ADC i K7 3-31 5.11 • 7 3 ti k � ' I I ' i 4 .31II ufilla IL 11111111111 McLANE & ASSOCIATES "901""90 LANG SURV C" P.O. BOX 44S • PMONE am-4A1d .rte" sOLOOTNA. ALASKA too#@ April 24, 1978 •rt John E. Wise City Manager City of Kenai Box 580 Kee:ai, Alaska 99611 Dear Mr. Wise: In response to your request for a quote to survey and plat the area along Willow Street extended, we would submit the following: .. We would survey and plat the area along Willow Street between the existing air terminal and control tower into lots as outlined by Mr. Wise. . General plan of subdivision given was 100' X 400' lots to the west of Willow and 1S0'X 150' lots to the east. The existing city shop area would also be included in the - survey. ` ... - We would propose to complete the above survey and plat for a fee not to exceed $39000.009 and work could commence with your approval. This quote is good thru September 19 1978. Thank you for this opportunity. r tt li r- .— Sincerely, Stanley S. McLane 1 w IMYONHU LAA IDEAL ESTATE A VIVIiRA I SAT. Throughout the Kenai Peninsula Kenai Spur Road • Box 1413 • Soldotna, Alaska 99669.262-5822 April 21, 1978 Mr. John Wise City of Kenai Box 680 Kenai, AK 99611 Oear Mr. Wise: Thank you for the opportunity to submit our fees for appraisal of city properties. For each group of parcels which are characteristically similar, our fee would be $300.00 for the first lot in the group, and $25.00 more for each additional lot. Please be aware that ad- jacent parcels may not be characteristically similar, if some amenity is available to one, but not the other. This is a guideline to use in estimating our fees. We will reserve the right to make adjustments before accepting any specific assiggnment, when the specific property involved is made known. As you can imagine, it is difficult to know the appraisal problems involved without knowing just what property is involved. I hope these guidelines are suitable for your purposes. Please contact me if you have questions. Thank you again. Sin ere', Aerraiser ry of PP � 4 � ,1,o,L I i� j ks, 44ILLAS APPRAISAL COMPANY cA 116EAL ESTATE APPRAISERS & CONSULTANTS i BOX 102 HOMER, ALASKA 99603 PHONES 235-6545 April 28, 1978 John E. Wise City Manager City of Kenai Box 580 Kenai, AK 99611 Dear Mr. Wise: Your letter of 17 April 1978 requested a rate sheet on appraisal fees relative to land appraisals that might be needed for the City of Kenai. There is a fixed fee for the form tyyppe appraisals of resi- dential type properties. There is however no fixed fee for the type of appraisal you will be needing. The cost of a land appraisal is variable according to the land, size, location, etc. Fees are usually quoted on an individual basis. I am interested in doing appraisals for the City of Kenai and would be pleased to -furnish a quote on an individual site basis. Sincerely, Angelo J. Hillas Appraiser AJN:st IN ACCOUNT WITH LAW OrrICC6 Or ATKINSON. CONWAY. YOUNG. BELL 6 GAGNON. INC. A /ROF9661ONA4 CORPORATION 1007 WCST 114/R0 AVCNUC ANCF/ORAOR. ALAdKA 99301 April 24, 1978 GMK/4256 City Attorney City of Kenai P.O. Box 580 Kenai, Alaska 99611 Re: Brian Peck, -et al. v. City of Kenai FOR PRO/pilONAL •ERVIC59 AND LXIMLNit/ Balance Due Per Statement Dated February 22, 1978 1 R 0 • Y201 $1578.74 I L Wh AML f CITY OF KENAI ORDINANCE. NO. 410-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTAIBLISHING A CAPITAL PROJECT FUND ENTITLED "AIRPORT RUNWAY PAVING PROJECT NO. 78-2" AND DECLARING AN EMERGENCY. WHEREAS, grant funds are available from the Federal Aviation Administration for the purpose of paving the Kenai Municipal Airport Runway, and WHEREAS, the Council of the City of Kenai approved CH2M Hill as the engineer on May 3, 1978, and WHEREAS, preparation of the grant application by C112M Hill should not exceed $2,300, 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 as follows: Section 1: Airport Land System Increase Estimated Revenues: Contribution from Fund Balance $2,300 Appropriations: Transfers - Contribution to Capital Projects 2,300 Section 2: Capital Protects Fund "Airport Runwav Paving" Increase Estimated Revenues: Contribution from Airport Land System 21300 Appropriations: Engineering 2,300 Section 3: An emergency is hereby declared to exist in that the immediate apof the above amount is necessary in order for the City of Kenai to obtain needed to make airport runway improvements and the rules governing the introduction, reading, passage and approval are hereby suspended and this ordinance shall be effective on this l7th day of May, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Cleric FIRST READING: May 17, 1978 SECOND READING: May 17, 1978 Finance Director Approval: �j�/ EFFECTIVE DATE: May 17, 1978 '7�- CH2\A LJ H LL engineers planners economists scientists 15 May K414% 1978 10 kyz 0 �i op I Rye. " ;1 t City of Kenai P. 0. Box 580 Kenai, Alaska 99611 1�l► Attn: Mr. John Wise ` p City Manager Subject: Kenai Municipal Airport Improvement T Dear John: This will confirm our telephone conversation of this date where we demph sized our In Intention to work within budgets submitted in our proposal 78. We propose to commence work an preparation of the grant application for the identified budget of $29300. We further propose to execute the formal engineering services agreement for the remainder of the work during the following week. We are prepared to commence work on this project immediately and request your approval of this interim proposal for the grant application effort. Please contact this office if you have any further questions. Si re > Charles E. Torkko Regional Manager dea Anchorage Office • 310 K Street, Suite 642 Anchorage, Alaska 99501 907/279.6491 • t- 0 carmen vincent gintoli p. o. box 3504 F:ewd alaska. 99611 285 -?732 CITY OF KENAI 4CITY MANAGER XiiNANX PUBLIC WORKS Q ATTORMEY CITY CLERK Q Hey 15th 1978 MAY 15 City of Kenai P. 0. Box 580 Kenai, J9. 99611 Attention: Dir. Keith Kornelis Director Department of Public Works I N 0103 #4*Qroc Ao,Cs Elie �oc,t BE: Feonomic Development Agency .. Grant Application �� Y Fora �z'ire�o�eT Consulting fees for the preparation of the application, per agreement. 20 hours a $15.00.- ....... » . $300.00 Thank you* j l� i -i t I -Tis w.rs o,�o ey c►OaN G/L v/'� Trwe��,�.� N 19&A, Ig MAY 15 gra ifi UODW, ?,-t 114 ktx+kc� 4(u LQLL nnt a 27 2Am &wl 1160ts T,oz X24 CITY OF KENAI "+t d eapiW aj Azad„ F. O. KOX 500 KENAI, ALASKA 19611 mar"ONE 303 • 7595 May 16, 1978 M E M 0 TO: John Wise, City Manager FROM: ' Keith Kornelis, Director of Public Works RE: Public Works Report for City Council Meetings of May 3 and May 179 1978. BDA WATER WELL PROJECT NO. 07-01=01684 On Monday, May 8, 1978,. at^.10:00:a.M,; final' inspection for this project was completed .• The'foilowing ppeople were present: Joe Russell from Interstate, Frank Arbaloski-from'City Electric, Harold Galliett, design engineer and myself. The well house system appears to be in good working order. Complete electrical as -built drawings are stili needed along with release of claims from all subcontractors and material vendors'.: As of this date, no final pay estimate has been received from jaterstate..: }4 ; THREE MILLION GALLW WATER STORAGE'TANK, EDA'PROJECT #07-S1-20074 . a . Council of the City of Kenai has chosen Project Managers Alaska, Inc. to handle the project coordination/inspection for this project. Mr. Phil. Aber will be the direct supervisor for our projects with Garth Pehrson and Mark Raymond working as inspectors for PMA. Rockford has been working longer hours in an effort to catch up to their construction schedule. The concrete ring under the tank and the soils compaction and oil surface under the tank have been completed. The actual tank erection began this week. I have been consistently asking for Rockford's payroll sheet but have been unsuccessful in attaining it. Change Order #1 has been necessary for this project which consists of the relocation of an unexpected power line t rough the construction job site. WATER AND SEWER LINE IMPROVEMENTS, 1977 Pat Doyle has started construction on these projects on April 28, 1978. At this time, a good portion of the water main along Willow Street has-been installed and backfilled. The Council of the City of Kenai has decided to use Project Managers Alaska, Inc. for the project coordination/inspection for these projects. Their contract includes providing the City with daily job happening reports and detailed job records. 1: i 0 Mr. John Wise May 16, 1978 Page Two 1977 CITY STREET IMPROVEMENTS The Council of the City of Kenai passed Project Managers Alaska, Inc. to be the project coordinator/inspector for these street projects. The same detailed information mentioned above applies for these project also. POSSIBLE AIRPORT PAVING PROJECT The Council of the City of Kenai has asked CH2M Hill to complete the grant application for this project. SEWER TREATMENT PLANT i On April 28,1978, the City of Kenai Department of Public Works completed the by-passing of the Imhoff Tank, When the line outside the Imhoff Tank was cut during our by-pass construction, we discovered a considerable amount of garbage including 2x4s, plastic sacks, sand bags, etc. plugging up the 10 -inch line, thus restricting the flow of the plant. Since we have corrected this bottleneck, we anticipate no more problems with flow in the Sewer Treatment Plant. It was discovered that wastewater was by-passing the Sewer Treatment Plant via an old line tying into a manhole on Forest Drive Extended. On May 1, 1978, this wastewater by-pass problem was corrected. In correcting this problem, we have increased our flows from approximately 180,000 gallons per day to approximately 390,000 gallons per day. Verbal, followed by written, explanation was given immediately to the Environmental Protection Agency, the Department of Environmental Conservation and CH2M Hill. Aeration basins 01 and #2 have been cleaned of all excess garbage that has collected over the last five years. As far as I can find out, this is the first time they have been cleaned. ITEMS OF INTEREST Mike Tauriainen has submitted a proposal to the City of Kenai for design engineering on the warm storage building. This is an BDA project involving a concrete floor and wings coat for the City warm storage building. A proposition is needed so that bid documents, pians and specifications can be drawn up and the project completed during this construction season. Proposals for the topo study for the City of Kenai have arrived and are in your possession. Because of the problems we are having with the specifications and because of the time involved, I would suggest that the air photography be done this fall after the leaves have fallen off the trees. 11 _--•• - "•- - - - - . - _ , - T .,,: - - �- - - r �-� ' _i --•- - . -s.- t -..-fir_' r . Mr. John Wise May 16, 1978 Page Two 1977 CITY STREET IMPROVEMENTS The Council of the City of Kenai passed Project Managers Alaska, Inc. to be the project coordinator/inspector for these street projects. The same detailed information mentioned above applies for these project also. POSSIBLE AIRPORT PAVING PROJECT The Council of the City of Kenai has asked CH2M Hill to complete the grant application for this project. SEWER TREATMENT PLANT i On April 28,1978, the City of Kenai Department of Public Works completed the by-passing of the Imhoff Tank, When the line outside the Imhoff Tank was cut during our by-pass construction, we discovered a considerable amount of garbage including 2x4s, plastic sacks, sand bags, etc. plugging up the 10 -inch line, thus restricting the flow of the plant. Since we have corrected this bottleneck, we anticipate no more problems with flow in the Sewer Treatment Plant. It was discovered that wastewater was by-passing the Sewer Treatment Plant via an old line tying into a manhole on Forest Drive Extended. On May 1, 1978, this wastewater by-pass problem was corrected. In correcting this problem, we have increased our flows from approximately 180,000 gallons per day to approximately 390,000 gallons per day. Verbal, followed by written, explanation was given immediately to the Environmental Protection Agency, the Department of Environmental Conservation and CH2M Hill. Aeration basins 01 and #2 have been cleaned of all excess garbage that has collected over the last five years. As far as I can find out, this is the first time they have been cleaned. ITEMS OF INTEREST Mike Tauriainen has submitted a proposal to the City of Kenai for design engineering on the warm storage building. This is an BDA project involving a concrete floor and wings coat for the City warm storage building. A proposition is needed so that bid documents, pians and specifications can be drawn up and the project completed during this construction season. Proposals for the topo study for the City of Kenai have arrived and are in your possession. Because of the problems we are having with the specifications and because of the time involved, I would suggest that the air photography be done this fall after the leaves have fallen off the trees. 11 I � + Mr. John Wise May 16, 1978 Page Three We have received a proposal from Inlet Instruments for repairing and maintenance on our street lights. I am presently working on a list of lights that acre out and poles that need to be re -erected. 4 A letter from Mr. Anderson from Anderson Snow Plowing is included in i the Council packet which describes the services he would like to perform for the City of Kenai in sweeping the City streets. Considering the cost of a new street sweeper, his proposal meets with the approval of the Department of Public Works. The Department of Public Works has had one man working nights this last week flushing lines throughout the City in an attempt to eliminate sand in our water lines. After talking with Harold Galliett, the design engineer on our recently completed well houses, I have been reassured that this sand is not coming from either one of the wells. Mr. Galliett feels that the sand has been in the line from previous years of pumping out of the old well house. During recent construction, the old well has been renovated and should not be pumping sand into the system any longer. The BDA grant application for the arctic doors and air lock foyer for the airport terminal building has been completed by architect Carmen V. Gintoli. The application has been mailed and we are hopeful that it will be accepted. The Public Works Department has received many requests for dump areas in the City. These requests are from contractors looking for areas to dump excavation material from clearing land. I hope to discuss this problem at the next Planning a Zoning Commission meeting in hopes that some guidance can be given us to what areas they feel should be filled. YACC (Young Adult Conservation Corp) -started doing some work within the City of Kenai today. They have started sweeping and clearing sidewalks in the city and the bike trails. They have also started the general clean-up around City -owned buildings including the airport terminal. The Public Works Department is having second thoughts about selling the old well house behind the Jr. High School. This is because of problems we have had recently with our water system. Contractors are constantly looking for areas for filling water trucks and we have been thinking of using this as a fill site for the contractors, thus alleviating any problems we may have from them drawing off the fire hydrants. A J Mr. John Wise May 16, 1978 Page Four We are continuing to have lift station problems, particularly with the one at Peninsula and Broad Streets. On Thursday, May 25, a Machinery and Drill Company representative and the factory Flygt representative will be going over all of our lift station pumps and controls and will be giving recommendations as to changes in impellors and changes necessary to up -date and modernize our present equipment. We are continuing to have considerable problems with warranty work on the two new police cars. Since Alaska Chysler Center no longer has a service and parts department, we have been working with their newly appointed representative in an attempt to correct the many factory deficiencies on these cars. Payment for the cars has not been made nor will it be made until our shop has assured that the cars have met the specifications and are in good operating order. Our street oiling operation for dust control throughout the City was started last week. The roads scheduled for construction this year will be done last and only if construction has not started on them by that time. SHOP A portion of the work done by the City Shop is as follows: Did a complete brake job on two police cars, changed over the winter tires to summer tires, completely re -did the plumbing for the oil tank preparing it for street oiling, tuned up the post hole auger, replaced the engine on a Public Works portable generator, did the maintenance work on City -owned equipment, put beacons and the remainder of the police gear on the police cars, put in new injectors in one of the dump trucks, tuned the shop truck, rechecked the new police cars and took them back again for warranty work, took the wench and boom off the water and sewer truck and replaced it on the street truck since the water and sewer truck is no longer operable. STREETS Worked en the Imhoff by-pass with the Water and Sewer crew, repaired i airport lighting, made traffic control signs, did some work on the municipal ballpark on their fencing and gates, put up barracades on the bluff at Mission Street overlooking the inlet, dismounted snow removal equipment, patched streets with tar and gravel, hauled -trash from the parks, took down the fence at the end of Forest Drive (which had already been flatoned) and spent a considerable amount of time oiling streets throughout the City. I 4 Mr. John Wise May 16, 1978 Page Five WATER fi SEWER By-passed the Imhoff Tank, cleaned out the manhole above the Sewer Treatment Plant on Forest Drive Extended, plugged the by-pass of the Sewer Treatment Plant and unplugged the new line going into the Plant, did a considerable amount of work on the Peninsula and Broad Street lift station, located and dug up the water valves in order to turn them off for the work on the new tank, inspected the water and sewer lines at Fourth and Birch, worked on flushing lines throughout the City paying special attention to the Carrs Mall and the Sheffield House where they have noted sand problems,.checked the well houses and all the lift stations, worked on fire hydrants that are in need of repair, and took water meter readings around the City. WASTEWATER TREATMENT PLANT Routine testing and operation and maintenance of the plant, installed some shelving and peg board for hanging tools in the plant, worked on cleaning out aeration basins #1 and N2, ordered diffusors for repair and maintenance for the aeration basins, continued with routine testing and maintenance operation including the monthly EPA report. As you know, I will be gone Thursday and Friday of this week and Monday and Tuesday of next week. For your information, I am working on the following items which looks like will not be completed prior to my departure. (1) Construction specifications (2) Subdivision agreements (3 Letter to Brown Construction about working on a leaking fire hydrant between the new water wells (warranty work) (4) Allocation of anti -recessionary money for signs and gravel S Setting up equipment maintenance records for water and sewer crew for lift stations and well equipment (6) Working on an ordinance directing itself to water line laterals being tied off the main (7) Working on either a new ordinance or rewriting the present ordinance concerning parking problems at the airport, the boat ramp and other areas around the City which would aid greatly in street maintenance work (8) Working on release of claims and liens from Interstate for completion of the new water well projects (9) Working on price for charging of signs made for other federal and state agencies (10J Ordering of new signs and materials for making signs (ll Setting up a Motorola Intrac System class for instructions to dispatchers and maintenance personnel (12) Writing a letter to the State courthouse concerning alleviation of roof drains and ramp drains going into the sanitary sewer system r 4 .._ _I11.lI_I --1_1_1111- L - II a_I 1"MI111WERMENNOMM Mr. John Wise May 16, 1978 Page Five WATER fi SEWER By-passed the Imhoff Tank, cleaned out the manhole above the Sewer Treatment Plant on Forest Drive Extended, plugged the by-pass of the Sewer Treatment Plant and unplugged the new line going into the Plant, did a considerable amount of work on the Peninsula and Broad Street lift station, located and dug up the water valves in order to turn them off for the work on the new tank, inspected the water and sewer lines at Fourth and Birch, worked on flushing lines throughout the City paying special attention to the Carrs Mall and the Sheffield House where they have noted sand problems,.checked the well houses and all the lift stations, worked on fire hydrants that are in need of repair, and took water meter readings around the City. WASTEWATER TREATMENT PLANT Routine testing and operation and maintenance of the plant, installed some shelving and peg board for hanging tools in the plant, worked on cleaning out aeration basins #1 and N2, ordered diffusors for repair and maintenance for the aeration basins, continued with routine testing and maintenance operation including the monthly EPA report. As you know, I will be gone Thursday and Friday of this week and Monday and Tuesday of next week. For your information, I am working on the following items which looks like will not be completed prior to my departure. (1) Construction specifications (2) Subdivision agreements (3 Letter to Brown Construction about working on a leaking fire hydrant between the new water wells (warranty work) (4) Allocation of anti -recessionary money for signs and gravel S Setting up equipment maintenance records for water and sewer crew for lift stations and well equipment (6) Working on an ordinance directing itself to water line laterals being tied off the main (7) Working on either a new ordinance or rewriting the present ordinance concerning parking problems at the airport, the boat ramp and other areas around the City which would aid greatly in street maintenance work (8) Working on release of claims and liens from Interstate for completion of the new water well projects (9) Working on price for charging of signs made for other federal and state agencies (10J Ordering of new signs and materials for making signs (ll Setting up a Motorola Intrac System class for instructions to dispatchers and maintenance personnel (12) Writing a letter to the State courthouse concerning alleviation of roof drains and ramp drains going into the sanitary sewer system r 4 V- - Mr. John Wise May 16, 1978 Page Six (13) Working on areas and number of trees to be planted around the City (14) Looking into the possibilities of having one contractor doing service lines from the main to the property including curb stops (15) Final approval for the PMA contract for project coordination and inspection of the five construction projects (16) The specs and advertisement for selling of the excess buildings (17) The design and set-up for Airport Loop terminal paving markings, taxi markings, crosswalk markings, no parking signs, etc. for the new airport paving job and also for the airport ramp markings (L8) Write contractors asking them in writing for their payrolls since verbal requests seem to be ineffective (19) Working with YACC in picking up junk around the Old Townsite and coordinating the need for our pickups and loader (20) Approval for Jess Hall in the Woodland Subdivision Addition. Approval is needed for water, sewer, streets and storm drainage. This should take considerable thought to make sure it is consistent and meets our specifications. Presently, we are having rapid and uncontrolable growth without many regulations or protection for the City when these improvements are turned over to the City. (21) The same type of approval for Northgate Subdivision across from Woodland (22 The same type of approval for Deepwood Park Subdivision (23 Work on the topo study with the engineers in coordination to see that it is taken care of (24) Some type of pre -construction meeting with Wince Corthell, PMA, Pat Doyle, Don Brown and the City for the construction of the new water and sewer and street improvements. (2S) Some type of pre -construction meeting with Harold Galliett, Rockford, PMA and the City for construction of the three million gallon storage tank (26) Work on coordination, design and approval of the warm storage building with Mike Tauriainen (27) Coordination and working on the arctic doors, the design and approval for the airport terminal (28) Working on snow removal equipment needs and new figures for grant application including contingencies (29) Working on street lighting for repair of downed poles and lights that are out (30) Work with Airport Machinery and Drill Company and the Flygt representative for redesign and updating of our lift stations (31) Work with Galliett and State Mechanical in correction of the booster pump 03 and well house #2. This pump will not hold 80 psia but drops down to 4S psia where the second booster pump kicks on r 7 Mr. John Wise May 16, 1978 Page Seven (32) Write letter to State Department of Transportation concerning the new, recently installed water line along Willow Street advising them that further compaction will be necessary if the road width is to be increased (33) Figure out how much money and where to transfer to cover extensive repairs we have been having in the lift stations (34) Work with CH2M Hill on Wednesday when they arrive to look at airport runway on the possible paving (35) Investigate the possibility of using PAVO for repair work on asphalt surfaces (36) Work on a transmittal form that would make sending correspondence and filing much easier (S7) Work on the filing system and correspondence and paperwork for the five individual projects (38) Work on a resolution that would pay Carmen Gintoli for his work on the grant application for the arctic doors for the airport terminal (39) Work on completion of the paperwork necessary for Change Order No. 1 for the 3 million gallon water storage tank (40) Work on the Coastal Energy Impact program concerning the $150,000 consulting engineering fee (41) Re-evaluate all of the different projects and the proposed projects to determine the status of each one at this time (42) Work on the bid acceptance for the pickups that are to be bid on May 23 (43) Work on some type of certification of acceptance for City streets, water and sewer lines (44) Work with SPA on the new National Pollutant Discharge Elimination System Permit for the Sewer Treatment Plant (45) Work with Mr. Anderson on his proposal for sweeping the airport runway and the City streets (46) Work on the surface oiling permit monthly monitoring reports (47) Work on Brown's itemized invoices and materials and freight for the City of Kenai improvement job and develop some kind of form for pay estimates I am sorry to say that I have not had sufficient time to spend in the field observing and keeping an eye on the many different projects going on throughout the City. I am also sorry that I have not had more time to spend in the field working with the various Public Work crews giving them more supervision. KK/nis r __- �- _' _� _'�".�- -—..—�.. T- - - � - - —"' T ter- - ,..�-- - .► �-� - -� v DRAFT Honorable Hugh Malone, Speaker Alaska State House of Representatives Pouch V Juneau, Alaska 99811 Dear Representative Malone: A trip outside prevented me from attending your presentation at the Kenai Chamber May 19th concerning ALPETCO. 1 am sorry not to have heard your thinking since some of what is going on in this matter to causing me puzzlement and concern. 1 hope you are assured of my respect and confidence in your judgement as you have convinced me from your past actions in regard to the permanent fund, revenue sharing, Care Center, etc. that you are acting in the best interests of the State and area as you see it. This makes our differing views on the ALPETCO matter very serious and truly has made me stop and re-examine my views and con- victions on the matter. Let me start by stating you and all the Legislators have my empathy in the task = of managing the 8th or 9th largest crude oil producer in the nation while simultaneously facing other huge government issues. x Please allow me to offer the following thoughts concerning the specific matter, ALPETCO. I . We appear to be in agreement that --- a) This is a suitable, apt industry to encourage development of our i. resources here. by The net gain to the State and area from jobs, taxes, etc. make the venture worth encouraging. 11 r Honorable Hugh Malone Page Two c) The total amount of environmental considerations will be met. d) The Alaska Interstate and Seatrain companies and the manage- ment team assembled to experienced in the industry -- has the ambition and potential reward sufficient to push the project to com- pletion and make it profitable on a continuing basis. II . The phrase "paper company" keeps appearing as a concern. The degree of financial commitment by Alaska Interstate and Seatrain concerned me early in the selection process. The concern was that those companies would establish the independent corporation ALPETCO and that if ALPETCO failed, the sponsoring companies would be protected by the corporate shield. In the case of Alaska Interstate, this concern has been mollified by direct statement of Charles Honig. He pointed out it was Alaska Interstate's intent to borrow up to $200,000,000 from the Chemical Bank and use this as Alaska Interstate's equity investment in ALPETCO. Considering the size of Alaska Interstate, this type of financial arrangement in the event that ALPETCO wobbled or failed, would most seriously jeopardize, if not fatally, injure Alaska Interstate. Not incidentally, can you meet with Honig under conditions of your choosing? I am sure you have ample reasons why this has not been done but considering everything including timing, a meeting could be illuminating. III. There has been substantial discussion about the prudence of allowing delivery of crude prior to completion of the facility. After what I hope is thorough consideration, I do not have an objection in this regard. From the point of view of encouraging the project, pre -delivery is a good procedure to follow providing the State receives the same net price under any set of circumstances . a -1 Honorable Hugh Malone Page Three a) By having crude, ALPETCO will, hopefully, be able to establish Us market for petro -chemical products -- this means the new facility will come on stream at a high level of operating efficiency. b) ALPETCO, in order to meet the benchmark steps in regard to financing, will have to select a place certain. Verbal and written testimony has over and over again stressed Alaska and even particularly Wildwood. The financing institutions, in my opinion, would not view favorably any outside State location especially in view of the hostile attitude it would create within the State. The House amendment to super- fluous as regards location but worse creates an impediment to ALPETCO marketing when we should be encouraging the venture especially as the State comes out the same as regards net price for crude. Hugh, I admit I have become an advocate in this matter and will push the ALPETCO cause. You should realize I have absolutely no personal financial interest in ALPETCO at present or in the future. As a matter of fact, a venture I am developing will require major petroleum companies support and since I glean they are opposed to ALPETCO, in a sense I am working against myself. You also are aware, that as regards protection and enhancement of the City of Kenai's interests, I believe the ALPETCO project, if located at Wildwood, and under certain specific terms to be negotiated by all parties, would benefit the City. With these thoughts and the above disclaimers, I respectfully ask for your most serious reconsideration of the contract and the House amendment. The State is not powerless if ALPETCO, at a future time, wanders in a major manner away from the t i HonorableM Malone al ne Page Four agreed objective. One closing thought -- if we all look at this in terms of and the opportunities it offers to young and old alike, it takes on a differs To achieve those opportunities requires bold action and even a degree of Thank you for your time and attention. Sincerely. CITY OF RBNAI Vincent O'Reilly, Mayor I :'1 E t - , -i I 1 I I 4 r s CITY OF KENAI P. O. BOX $80 - KENAI, ALASKA • PHONE 483.7533 y , VQ To: Mr. John Wise, City Manager PROm, Pat Porter, Senior Director - GATE May 8, 1978 RFFERENa Project Director's Workshop Mr. Wise; f Beginning May 30th a workshop will be held in Juneau for all Project Director's and a representative of the Mayor's Council on Aging. ' Frances Meeks and I p4an on attending this workshop. The funds for our transportation and expenses are provided for in our Supplemental budget. _..._. The workshop begins on the, -30th and continues through the 2nd of June. ' Pat m� StGNEP 4ATF R } I i 1 t I T i i • t� —_ _ _� �_....�..�,�.,._—, .. � ui ni a Yi■ CITY OF KENAI - P. 0. BOX 580 - KENAI, ALASKA - PHONE 383-7335 •,�j i Mr. John Wise, City Manager FIRM Pat Porter, Senior Director R DATE REFERENCE Mr. Wise; , I am requesting permission to take a group of Senior Citizens on the Inside Passage Perry trip. The cost of the trip will be financed by the Seniors themselves with the exception of the transportation to Haines. We currently have enough funds left in our present budget to ;over the cost of a round trip from Kenai to Haines. We will be 16aving Kenal on the 20th of June and are due to return on the let of July. We will be visiting many of the Senior Centers on our Nay, infact many of -the centers are planning on helping us j, with transportation and meals while we are visiting their towns. At present we have 13 signed up to make the trip. MGNID �Aif t , t ___M L s A PUBLIC LIBRARY IN SERY1C6 SINCE 100 BOX 187 KENAI. ALASKA 09811 t 1 t 7 1 REPORT FOR TRR 110HTB OF APRIL, 3,978 Circulation Adult Juvenile Easy Books Fiction 965 ' 385 803 Hon -Fiction 1036 109 233 Totsi Book Cireastioa for Month 3531 Films, Phonodisce, Pamphlets, Periodicals 337 Total Citculation for Montb 3868 Additions Gifts 53 4 Purchases 80 . Total Additions for Month 133 Remedial and Reworked Books 10 Interlibrary Loans Ordered Received Returned Books 48 33 25 Phonodesce/AV 26 14 25 ` Interlibrary Loans by Our Library 3 Volunteers Humber 28 Total Hours 360 Income Fines said Sale Books $239.75 -- Lost or Damaged Books -13.40 Deposits on Cards 195.00 -- Donstions for Books -0- Xerox 97.25 Total Income X545.40 f , h, , Horroaerfs Cards Issued April, 1978 Kenai 42 Soldotna 9 _ North Kenai 6 Kasilot 2 Clam Gulch 1 Homer 1 Total Cards Issued 61 m I ! ANIMAL CONTROL REPORT k - MONTH IMPOUNDED DESTROYED D.O.A. ADOPTED CLAtMeD , April 65 18 14 13 12 I Note! 7 left from March 11 carried to May 6 escaped or were released from !; outside cages i• a I t I 1 k � - t I I t r^ t , r l CITY OF KENAI CITIZEN PETITION MONTHLY REPORT ' DATE • DATE DATE INVEST. CITIZEN Nam i RECEIVED SERVICE REQUESTED COMPLETED NOTIFIED DEPARTMENTAL REPORT Bill Ogden , 4/3/78 Please call if-any cats or kittens aro available for adoption. Will contact if any become available: Dollie Gomez 413/78• *Lost male'St. Barnard in-North Kone%:. ,. Loss dog Elie. • Roy Hayes 4/3/78 Stray dog on'his property. 4/3/78 4/3/78 Dog gone whorl I arrive8. Elsie Kienenberger 413/78 Stray dog near Spur Motel— 4/3/78 4/3778 Picked up dog using ' •4/3/78 tranquilizer gun. , Mrs. Cissell Neighborts dog not feed and ' constantly barking. •' 4/4/78 Dog has food and water ' set out for it. ' Mark Zimmerman •4/9/76 Complained of dog tied• up• on ' '.' a very short barking.. 4'/S/78 Dog has .a wird run line i chain end and allows pplenty 01 - movoment. Pormhl ,complaint needed. to do'something about the ••4/4/78Lost barking. i Mrs. ))avid Holt maib Great no ,.' '' '., Lost dog filo. Harry. Aksow 4/6/78 •' Reported, dog running :loose•. ' • 4/6/7 ; Dog not there when arri�e' Comte Milson ••4/7/78 -Lost Siberian husky mix. Lost do Ti s g le.� -Mrs. Stewart 4/7/78. ' 'Please pick, up .stray dog'. • . 4/7/.78 Picked up dog* •' —Ruth Beck 4/1))/76, -Ddg is chasing children. •'4/10/78 Dog does not live in ,;;�• • - ..�._, area - just visiting. y Urus Mulholland 4/10/78 Dog dumped off by their house • ' 4/iA/'7S Picked ilp dog.*• Mrs. LaPramboise 4/tZ/78 Lost 4 mos.. old sheepdob. Losl,dog file. ..•• .jy • � •��•(' ••�•• ��•• Y '•.t�•, Y:• �e• %••1�'' q.,; .i. .'.,,, •�4••�'• ' ', ,,.rr7•,i,•:Jw.•i i•. I •�• •• •..,1f. • , ' i �i •,','. �•• j. lA:•..f�:.•.;. • •�. ii ' •r ;''t , f , • , ., r F .t a I / 3 •� `' CITY OF KENAI i CITIZEN PETITION MONTHLY REPORT DATE DATE INVEST. DATE CITIZEN •• ` NMIE f RECEIVED SERVICE REQUESTED COMPLETED NOTIFIED DEPARTMENTAL REPORT LuJoan Dimond 4/12/78 Has 2 puppies available for adoption. 4/12/78 Will notify if someone comes in looking for .. 'Puppies. Mrs'. Dolan 4/12/78 Number of dogs runhing looso on,'. 4/12/78. Patrol do#ly as time Kaknu Way. permits. Mrs. Vincent 4/17/78 Lost female cockapoo Lost dog file. Vivian Raymond 4/18/78•. Reported german shopard running , loose - is neighbor's guard dog. 4/18/78 Unable. to contact owner ' Dog did lunge at Mrs. ' Raymond but never left ' its property. Irene Fandell '4/19/78 Lost her female black lab -and 4/19/78 Lost dog tile. Petrol complained of stray dogs area as time. perpits. constantly in Inlet View Subd. Are. Engloman • 4/28/78. ` Lost black/white husky.,*, 4/20t/78 ; Cost•dog file.' Ross 'Kinney ;4/21/78 Dead dog at Mile' 4.. Picked up. !• John Ahmunsen 4/14/78 Lost -female pit bull: 4/1.4/78 Lost dog filo. •' • 1 i Linda.8rezier •.' .424/78 ', Has female Irish Setter she' �, Will keep A file for !• wants to,givo away. ' anyone looking for•Irish'�I . Better to adopt.• A;+ F. / Mrs. Maxwell •4/24/711 Loot fem4le Pekinese. '4/24/78 Lost dog file., Eric Anderson 4/24/78 • Lost fomgle shepsrd nix. 4/24•/78 • Lost. dog ,file.. •'. Donna Osborne 4/25/79'. Five strgj+ dogs running ioosv 4/25/78. • • Patrol dally as tuns and chasing her daughter. Please, permits •• ,. patrol gnd.pick up animals. 1 UI 1" Y. yL CITY OF KENAI , CITIZEN PETITION MONTHLY REPORT DATE DATE DATE INVEST. CITIZEN NAME RECEIVED SERVICE REOUBSTED COMPLETED NOTIFIED DEPARTMENTAL REPORT # Chfis Walker .A/26/78 Please pick up 2 dogs at school. 4/26/78 Picked up one dog other 'Lost was gone when arrived. Susan Sirtros 4/26/78.• female Pekinese��. Lost dog•'fIle. 1 ; .•• Tom Kimbroll` r4/27/78 Reported neighbor's dogs running 4/27/98 Contacted Kimbrell and [ • loose, wont to talk to n igh- } •hors but weren't home. F ' ` Paul Weller 4/29/78• LooRing for any.female•huskies - 4/27/78 Will. -Contact if•any • r or gorman•shopards to adopt. become available. a ,t • � . .. ,• r • . • • • - �, •• . . • •G f. i •, r ♦ , ..... .,.rte..... .. • , • , •J�♦ • • * . • �• ,lit •y,.r) ,r �•, ii t♦.•• • ' ,• t' JJ r' I , •• ,• ff,+ • , ♦ ••. . W• sl �, r••� i. ,�,, '•' , t' •�:. e,•,•r, pr, .•'f' r♦ 111, •'• % rte• -,i : ,f. r', • r` i • +♦,t O •', 1 fro � I. z - t s ! n 1 , 4 f i ii t , r t � _ —. _ _ _— �, ---rte— - — __ —•' --_ DEPARTMENT OF THE AIR FORCE 149ACOUARTIRS 2161 At* BASS 4R0UP 1AAQ I 11Mfa0441 ASR. AtAfKA 99600 t f"' le r V Mr. John E. W!ae V"r I City Manager/Airport Manager j City of Kenai Box 580 ! Kenai, Alaska 99611 I Dear Mr. Wise We are aware of the importance of maintaining good commu- nity relations. We have reemphasized to all of our air- crews the necessity to practice noise abatement procedures to insure that similar incidents do not occur in the future* In addition, we have directed operations officers to estab- lish squadron policies which require all practice approaches and landings at your airfield to terminate prior to 2000 local. Thanks for bringing this matter to our attention and please convey our concern and regrets to the citizens of the Kenai community. Sincerely Colonel, USAF Commander 0 A, 03 ! ,"'��--•-- •• - - _ .- ,---- - '.---'---. _ ,�, II 1 II I1AI .1 I IIII. I I DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION _ vAiL. M 3 # 1.978 O Chief# Kenai Power . T • I "'"t:r•�`�e Kenai Fire Reservoir Use By Aircraft on Floats to AAL -501 Dare# here is the follow-up letter I promised you during our conversation concerning this matter on Kyr 2, 1978, I feel that the key points in our discussion should come to the attention of Airports Division and the Regional Counsel for sacs clarification in this matter, and they are atsclollaws s ,._ 1. The airport is certified under Part 139 and has an Operations Manual. 2. There is no reference to a water landing area in this Manual. 3• The Fire Reservoir was created from a borrow pit for construction r at the now runway in the aid sixties. It has sever been designated •' .j as 49 operations area or aOvement area. c b• Us reservoir is within the airport boundary: located just East of . the Security Fence# parallel to the runway and is Airport Property. . Enclosed you will find copies of an official letter from the City of Kent pertaining to the reservoir. The second paragraph of the letter is enlightessdtig to say the lesst# when one considers that approximately ninety-five percent of the operations conducted . from, the reservoir are by Air Taxi Operators tarring poseengers k and freight for hire. ` 6. Alter coming out with this letter# the Airport Manager issued keys to the Security Fence gates to each of the fitted base operators currently using this area. . 1 r... 7• The reservoir is not visible from the Tower Cab and therefore no ATC Clearances are issued for take -off or landing traffic# only i e f - traffic advisories. Any help that the combined efforts of the resources in the Hill Building could shed this matter would be appreciated. /oyn John CoArsenault Jr, ✓ Chief# Kenai Tower 03 ; t . 11111.11 ii i, AL i t CITY 4F KENAI"Od CapiW &/ 4"of ` 1'• 0• BOX 100 1111IRM. MAfKA 99611 MIFNON6 987.7$15 ' r December 12, 1975 Re: Fire Water Reservoir Dear Sirs: The City of Kenai would .Tike r,to:. inform all owners, pilots • and air transport operators' us.itig• the Kenai Municipal {� ''s Airport facilities that the water filled gravel pit known.-.---,.-.,. as the fire water reservoir on the northern boundaryY,Et,,,• %Nr,•i .r , .. of the airport is not• to be, considered an area to be used for landing, taxing or taking . -off by ani, aircraft.o 'This area is considered hazardous for'aircraft operationrr';.: as it is not posted, lighted or maintained as a float/,.:..-: .:.:'„.. ..ski plane basin and is not currently •under the direct air traffic control by the 'FAA Kenai Control Tower. Hereafter, the City of Kenai -"will refuse assumption of, any liabilities for accidents incurred'by.aireraft using this reservoir for aeronautical. operations: ,�, %• :;:� ; . Your cooperation 'in this matt is "essential to the • continued safe operation of the Kenai Municipal Airport. Any questions or comments on this matter should be directed - to this office..'•• • .� •'fit 81 cereiy, �. Deborah Anne Daisy Airport Liaison DAD/kc •. ; r 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 change in the rate concerns the hauling of very large garbage containers. The request is that these large containers go at $47 per truck. According to Mr. Wallace, this would not effect the City since apparently the City does not own or operate such large garbage containers. ES/eh a CITY OF KENAI CITIZEN PETITION MONTHLY REPORT DATE I NAME DATE RECEIVED SERVICE REOUESTED DATE INVEST. COMPLETED CITIZEN NOTIFIED DEPARTMENTAL REPORT Sharon wells 4/3/78 'Checking to insure Birch Drive - would.be oiled this summer. 4/6/78 Oil will be put on • streets as equipment, pit and time Willi allow:, Mrs. Althauser 4/5/78 Requested the full length of 416/78 Linwood'was bladed where Linwood be graded. .' possible - muddy • conditions would not allow it to be bladed ,. In some area,.. John Peterson 4/10/78 Sewer is backed up. 4/11/78 '4/13/78 City doesn't work on service lines. Have not done any ditch Work An . thI -location for years. , Mrs..Oskolkoff 4/11/78 Please grade Bitch, 4th and Sth Streets Meekly and fill with gravel 4%12/78 Street bladed.'. Mr. Church 4/12/.78 Needs -water shut off on -4th and Birch. ;4j1O/78 •water shut off. Peggy Brennan ' 4/13/78 Reported bulldozer working behind..., .4/14/78 ' Checked out and. there • her house in an area designated as '• are no psbblems. • Is green belt. ., Lesli Schneider ,4/14/78• '. Requested culvett for drainage. 4/17/7$ Street needs to be built do up highei to puteulverk• . under it. ` •a; PAA Tower 4/17/78, Right side of,rotating beacon out. ••4/19/78 4/19/78 Light bulb changed. Robert•Gregory '•4/17/78 Greasy chunks in water... ,. Flushed lines end suggesl: ed*watex be ran to clear•;' lines in house.,-! Bather Burgon 4/.17/78 Deported possible illegal zoning. 4/18/78 Mr. Dean using bldg. to .. dispose of his•eiec. sup- ' bby Dunams Bietric in qid Beaver ' ' plies and all of it is j Y , ,+ • .: .,, ,; . ; t . :1 • i.00p. Laundry .•.i.: { ,. ;. ,• ., '. .,-,;., ;k .. .. ; ... one e�nnd• 1a ndry it only urrent busipes#;these.. .• i a .II 11 III IIII - • - .' I , --�_- .. .-._- �. ,. ._ -- e_ CITY OF KENAI CITIZEN PETITION MONTHLY REPORT DATE DATE DATE INVEST. CITIZEN KOM RECEIVED SERVICE REOVESTED COMPLETBO NOTIFIED DEPARTMENTAL REPORT Mrs. Gregory .,4/18/78 Reported crude oil in water. 4/18/78 the are flushing lines .Emily DeForre'st 4/18/78 'Crudo•oil in water. 4/18/78'' The City.is flushing yine • to clear.up problem. •- Mrs. Von Driscoo 4/18/78 Reported chunks of tar in 4/18/78 The City is flushing •. • water lines to Blear up problem . Barbara Christian 4/18/79 Reported greasy oil chunks 4/18/78 ' in water. Citizen 4/18/78 Reported a barracade is needed. 4/18/78 .• Sarracade put up. at Redoubt Place and Main'Streot ' • as people are getting.stutk.' : " Mrs. -Cliff Stewart". 4/19/78 Reported crude'oil in water for 4/19/78• The City is flushing past two days. lines and suggested she run faucet to clear ;' .. house lines. • Patty.Siekawitch•4/19/78 Grader hds tore upp the curbing '4/Z7/78• 4/27/78., Curbing wi,i1 be -repaired and requested it be repaired. as soon as possible. .+ Mrs: Driscoe. 4/19/78 Wants to -know what is being does about greasy oil in water. 4/19/78 The City." is fiusbin8 '. • lines -and suggested' shet.. E• ` run faucet to, clear • her service lines. Chris 041u; a 4/?6/78 Reported people have been cutting Q Z6/78' Will soon be able to signs. :. trees at Cunningham Park"•end. •" make signs need to ba posted. i " N TDs John Wise, City Manager FM4t Fichard A. Ross, Chief of Police SUBJWr,- Quarterly Police Report, January - March 1978 DATES May i, 1978 3 Attached is summary data of Police Activity daring the first r;C quarter of 1978. For purposes of ccuparison data from ' corresponding periods of 1976 and 1977 are also given. f It is very apparent that in the first quarter of 1978 there PRO, was again a significant increase in the number of major criminal offenses. The demand on available man hours for response to, investigation, and follow-up investigation of rw - these crime categories has resulted in fewer hours available for traffic enforc:esment and routine preventative patrol. As a result coaplaints from various citizens of the City seeking increased services in residential areas have been received, i.e. snowmachines, motorcycles, traffic, vandalism, • etc.. t Q Chief o Pb] ice t Kenai lice Department _ k - MW� . t E ( i t t ' PA I I - Part 1 Crimes Homicide Rape Assault w/ Deadly Weapon Assault & Battery Burglary Mdawful Entry Auto Theft TOM PART 1 CRLME RF"RT JANUARY - IVU= 1976 1977 1978 0 0 0 0 0 1 1 2 4 0 0 0 6 7 4 14 5 26 3 0 1 19 35 36 7 11 10 50 60 82 Part 1 Crimes are the more serious crimes dealt with by a Police Agency. During the first quarter of 1978 they accounted for just over 128 of the DeplartmenI'a requests for service, compared to less than 9% in the previous years reported. Each of these crimes reported can result in up to several hundred man hours of investigation and court tins. With the significant increase, in this category it has been necessary to re-evaluate the man hours available for their investigation. Because of the sheer volume increase it was necessary to set priorities in investigation. Those violent crimes against persons, i.e. robbery, rape, etc., received in depth and continuing investigation. rn the crimes against r.vrGsLy category those that appeared inter -related based on M.�. and other factors, involved investigative lead evidence recovered at soene, or involved a significant identifiable property loss were and are being investigated in like manner. In order to provide even a minimal level of service in other areas of responsibilities it was necessary to close many cases after only preliminary investigation. Consequently chile the total nu*w of case resolutions for the respective periods is approximately the some (24-27) the resolution rate has steadily declined (1976 - 54%; 1977 - 43%; 1.978 - 28%). Several arrest warrants are -still outstanding for individuals who have left the area, and possibly State, that when served will increase the present resolution picture to some extent. The problem is to a large extent the same as that evidenced in other Police service areas, a continuing increase in case load and activity over the last three year period in which available man hours has remained undtanged• 9 AN FMUE TS ICOR SERVICE JANUARY - W01 1976 1977 1978 571 692 681 There has been no appreciable difference in the number of citizen initiated requests for service in the first quarter of 1978 compared to the same period of 1977. Kawever in 1978 12% of all requests were in the Part 1 crime category requiring a higher number of available man hours for preliminary and follow-up investigation. This corresponds to just under 98 representation for the same periods of 1976 and 1977. This category increase, combined with increases in other areas of investigation, i.e. fraud, traffic accidents, etc.., have reduced again the mmber of hours available for preventive patrol and traffic enforcement. s. I F ' I 1 !i t - r t I , I I ' TRAFFIC ENFORC D T TRAM VIOIATOP C"VACTS JANUARY - MCH 1976 1977 1978 501 580 518 TRAFFIC ARRESTS JANUARY - MARM 1976 1977 1978 C"n 20 21 11 Neg. a Reckless 2 4 1 11 TOML • 22 25 22 Traffic violator contacts were dorm for the first cuarter of 19713 as cmpdred to 1977. Without the present moving radar capability the actual decrease would have been more substantial. As previously stated the number of man hours available for traffic were greatly reduced during this reporting period. Traffic arrests in the 0l%NI category are clown significantly in the first quarter of 1978 to the first quarter of 1977. Several factors could have conceivably contributed to thiss 1) reduction of construction work force in the area, 2) a more significanse has been the possible deterent effect of the widespread media publicity, particularily in the local paper. It is the concern of local agencies that this has had a considerable effect in reduction of OW1 offenses in the local area. i IIN1'BTICATED ACCIDFI�TPS !}} JANUARY - MRRCH number iniuries fatalities economic damage 1976 37 9 0 30,450 1977 37 3 0 29,955 1978 48 8 1 46,750 During the first quarter of 1978 the number of traffic accidents vras significantly hider than in previous quarters. The winter driving conditions were different during these pw1ods, possibly accounting for the increased number of minor accidents in 1978. The one fatality in 1978 was a non-aloohol related, one vehicle rollover. Analysis of that accidnet puts it in the category of vehicle operation for road conditions present, vehicle construction, and lack of safety restraint utilization. 7 A- i ARREESM JANUARY - IVWH 1976 1977 1978 HMUCIDE 0 0 0 RAPE 0 0 2 I�BBERY 0 1 2 ADW 0 1 2 ASSAMM & BATTT;RY 3 6 3 BURGUM 10 6 4 LNRCENY 5 8 8 UNLAWFUL ENTRY 1 0 1 C.C.W. 1 3 1 USE OF WEAPONS 1 2 0 MALICIOUS DE.9PRUMON 3 3 1 DRUG LAW VIOLATION 2 5 2 OMVI 20 21 11 S & NM=GENP DRIVING 2 4 11 JEVENIIE HUNAHRY AND IWi'oA9&4AJl'uj64 2 5 0 AUTO TIFF & JOYRIDING 0 5 1 OTR 31 34 34 TOTAL 82 105 81 The arrests reported are for only those arrests made by Kenai Police Department Officers. They do not include arrests made by other agencies as a result of warrants issued through K.P.D. investigations. During this quarter, with the a exiting of the transient work force, a increasing number of individuals have been a ---steel by other agencies on warrants issued as a result of K.P.O. investigated cases. At the present time there are a large number of outstandinq warrants for individuals who have left the jurisdiction and possibly the state. These eircuretanoes resulted in the number of arrests reported being artificially lower than might otherwise be expected. The Judicial Services of Alaska State Troopers has began serving almost all criminal summons on State charged ozrplaints which has further reduced number reported. a err r�.rr ra OVERT M JANUARY - 14M 1976 1977 1978 -� 57r Or 27 Due to bedgetary constraints has been held to approximately the same level as reported in 1977. As in the past less than 50% of the overtime worked and reported was actually re-imbureable to the officer. J i tt1 Ink 01--if? ` LI nFLI-I '' r/ { (• ► l MY � IIAMMONO, NOYRUT DEPT. OF C011MUNITY & REGIONAL AFFAIRS ; amara# a eoMMOR PU Mo lone# a M#ua but May 10, 1978 Mr. John E. Wise City Manager City of Kenai P.O. Box 580 Kenai, 99661 Dear Mr s Coafirmi my call this afternoon, the CUP contract for water system design has been approved and you are authorized to proceed. Z. A copy of the executed contract is enclosed. SinceeI , James A. Andere9g Public Works Planner r , Ye - " — Enclosure ijI _ s t 1. L 4 -i 7iii-m--. bV.- l� n ew*q a � ALASKA MUNICIPAL LEAGUE rWW9q 209 N. FRANKLIN ST. JUNEAU, ALASKA 99801 f _ LEGISLATIVE SVLLETIN # 33 MAY 8, 1978 i INDEX (Refer to previous bulletins for bills not listed in this index) HOUSE SILLS CSUB; 133 (Finance)am - Land Selection 3-5,15,23-33 H3 256 - Raw Fish Tax 7-12033 HS 396 - Lobbying 29,30033 HS 550 - Unemployment Insurance 32,33 HB 691 - State Aid for Health Facilities 19,20,320,33 HB 719 - State Aid for Schools 20,21,33 CSFB 766 - Contractors Exemptions 21022,28-31,33 HB 855 - Public Cornorations 26,25,30-33 CSHB 373 - Salaries of municipal Elected Officials 25,26,29-33 HS 879 - rierger of Utilities 33 HB 913 - nay Care Programs 28,29,33 NO 917 - Alaska Medical Facility Authority 32,33 HB 919 - Library Assistance 29,30,33 HB 936 -.Electrical Energy Lifeline Appropriation 33 NB 937 - Lifeline Electrical Service 33 HB 955 --School Bonds 33 PENATE BILLS B 20 - flunicipai Organizational Grants 8-110,32,33 COBB 930 - Alaska Municipal Bond Bank 18-20,28-33 SB 459 - Volunteer Service 20-25,33 SB 999 - G.O. Bonds for hater Supply and Sewerage Systems 20,21,33 SB 533 - Planning for Public Facilities 26,27,29-33 88 596 - Tax Credit 27,32,33 SB 592 - Lifeline Electrical Service 33 SB 593 - Appropriations for Residential Electrical Energy Lifeline Rate Fund 33 SB 599 - Sale of Alcoholic Beverages 33 WMPAVWm IF 3 HOUSE BILLS CSHB 133 (Financo)am - Land Selection - Testimony has been heard by the Sonata CRA Committee but no action was taken. IIB 256 - Raw Fish Tax - The Finance Committee recommended the CRA Committee Substitute and the bill was referred to the Rules Committee. HB 396 - Lobbying - The House Judiciary Committee recommended a eommitteo substitute and the bill was referred to the Rules Committoo. Under the committee substitute the only municipal officials that would be exempted from filing and reporting would be a borough or city mayor, a member of a council or borough or school board, and the chief exoc- utive officer of a municipality. HB 550 - Unemployment Insurance - No further action in the Labor and Management Committoa, HB 691 - State Aid for Health Facilities - The HESS Committee rec- ommended a committee substitute and the bill has boon referred to the Finance Committee. HB 719 - State Aid for Schools - The HESS Committee recommended a committee substitute and the bili was referred to the Finance Committee CSFB 766 - Contractors Exemptions - The committee substitute passed the House on May 4, 35-0. HB 855 - Public Corporations - No further action in the Senate CRA Committee. ' CSHB 873 - Salaries of Municipal Elected officials - No further action in the Sonata CRA Committee. 4 HS 879 - Merger of Utilities - Introduced by the Commerce Committee, F this bill allows thu merger of a corporation into a certificated electric or telephone utility. The Commerce Committee has now come up with a committee substituto and the bili is in Rules. HB 913 - Day Care Programs -,The CAA Committee recommended "do pass" -_` and the bill was referred to the HRSS Committee. HB 917 - Alaska Medical Facility Authority - The CRA Committoo - -- recommended -a committee substitute and the bill was roforrod to the KESS Committee. HS 919 - Library Assistance - The HESS Committeo recommended "do pass" and the bill was referred to the Finance Committee. HS 936 - Electrical Energy Lifelino Appropriation - Introduced by the Commerce Committee, this bill is a companion bili of HB 937. It has boon referred to the Commerce and Finance Committees. F 1 t HB 937 - Lifeline Electrical Service - Introduced by the Commerce Committee, this ;sill provides "lifeline" electrical service to residential consumers of electrical energy by establishing a residential electric energy lifeline rate fund. The fund would provide grants to eligible public utilities to defray the: costs of electrical energy consumption. It has-been referred to the eaaimerce and Finance Committees. (Same as SB 592) 118 955 - School Bonds - Introduced by thn HT•.SS Committee, this bill ! provides for the issuance of G.O. Bonds in the amount of $48,841,900 i for capital improvoments to school facilities. It has boon referred to the HESS and Finance Committees, SE14ATE BILLS SB 208 - Municipal Organizational Grants - No further action in the Finance Committee. CSSB 430 - Alaska Municipal Bond Bank - The House CRA Committee recommended a committee substitute and the bill was referred to the Finance Committee. SB 454 - Volunteer Service, - Testimony was heard on this bill on May 2 in the Sonata State Affairs Committee. No action was taken. SB 449 - G.O. Bonds for dater Supply and Sewerage Systems - The State Affairs Committee recommended a committee substitute and the bill was.referred to the rinanco Committee. SH 533 - Planning for Public Facilities - No further action in the Finance Committee, SO 546 - Tax Credit - No further action in the Finance Committee. SB 592 - Lifeline Electrical Service - Introduced by the State Affairs Committee, this bill is identical to HB 937. It provides "lifoline" electrical service: to residential consumers of electrical energy by establishing a rosidantial electrical energy lifeline rate fund. The fund would provide grants to oligilbe public utilities to defray costs of electrical energy caomaumption. It was referred to the Commerce and Finance Committees. SH 593 - Appropriations for Residential Eloctrical Fnorgy Lifeline Rata Fund -"Introduced by the State Affairs Committee, this bill is a companion bill of SB 592. It has been referred to the Commerce and Financo-Committees. SO 599 - Salo of Alcoholic Beverages - The CRA Committee has rec- ommondod a conunittan suhstituto and the bill was referred to the Villinn rollimi.ttoo. 611 3