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HomeMy WebLinkAbout1978-07-05 Council PacketCOUNCIL PACE /1?78 JULY AIAM. i T tr Kenai City Council Meeting Packet July 5, 1978 AG N KENAI CITY COUNA - "REAGULAR MEETING JULY 5, 1978 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING ADPIEDGE OF #LLEGIANC8 A. ROLL CALL AGENDA APPROVAL S. HEARINGS 1. Ordinance 41-76. Kenal Fire Code 2. Ordinance 46-70. Establishing a R eation Coinmissfon for the City of Kenai S. Ordinance 417-79. Special Ravenu Fund "Kenai Senior Citizens Budget ff 1078-79" 4. Ordinance 418-". Declaring Fuel Trager surplus a authorizing its sdo for $10,000 5. Trander of Liquor License - Pizza paradises C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Roger Meeks - Repairs to Ft. Kensy D . MINUTES 1. Minutes of the regular meating of June 21. 1978 2. Minutes of the special meeting of June 29, 1078 E . CORRESPONDENCE 1. Kenai Oarden Club - request to park recreation vehicles on FAA Grounds 2. AIGIft Aviation - additional fencing at south end of Airport for smrity rooms S. Dept. Community &Regional Affairs - CEIP Grant Application 4F� F%,014 BUSINESS 70-98, esUblishing regulations A updating rates -Ft. Kasy complex 2. Lease at City owned Undo - Thomas Ackerly and Patrick O'Connell 0. NEW BUSINESS I. Bills to be POW bUs to be ratified 2. APPM41 of re"isifte excewin $500 9 3- 01411MM 41948@ Repealing Chapter 19 of the Code (Traft Offenses 0 Chapter 13 of the Code (Penalties lk Games) 4. Ordlimme UO -78. Chapter 20 of Hoist Code - Mobile food Vender S. Resolution 70-104, Awarding a contract for radio maintenance to Notwola Communications 6. Resolution 78-10, Abatement of alleged public nuisance A setting date for public hearing I . Resolution 78-106, Request for resoning - Kaknu Kamer - Rural to Suburban 0. R"cludon 79-111, GWA after NK"d sewerage Project C-0200710 9. R*ftlution 18-118, Transfer of funds within the 1017-70 General Fund Budget 10. Law of Airport Lands - Glen Henry 6 Oadd smining It. Lem of Airport Lands - James S. Carter, Or. 12. Low of Airport Lands - Walter Church IS. LOW Of City Own" Lands - R. L. ftpo� d/b/s Marine Products a" a service k 14. Rommal of Terminal Lease Space - Avis Rem -a -Car 15. Assignment of Lease - Teamsters Load 959 to Alaska Mutual Savings BaA Request for away & plot of Airport Lands for lease to Arctic Avis". Inc. 4Z_1� Payment to Project Managers Alaska, Ino - far project coordination/inspection services W. Float Plane Coverage - Emery Inlet Insurance Agency 19. Approval of proposed water and sewer engineering projects t-,20. Payment to engineer - Water 'Well Project 07-01-01684 21. Periodic Estimate - Rockford Corporation - Water Tank Project 22. Discussion - Change Orders for Tank Project 23. Gas Losses - Union on company H REPORTS 1. City Menegarts Report-, 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 6. Planning & Zoning Commissionle Report 7. Borough Assembly's Report MAYOR &COUNCIL -QUESTIONS AND COMMENTS 4. 0BRSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 4 I ILI WHELAN R MUCK Ilk OIREMLY WHELAN Iv. tl q q V y -_-q MALSTON _LL I I 11111 ti I I mfi.IW� m I go IN Ohl I lai 0 1 11 is." COUNCIL MEETINGAF I% r IV q Y -,I q ty q q it U L 1i ItA KENAI CITY COUNCIL - REGULAR MEETING JUNE 21.1970 - 7: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLOGN OF ALLEOLIVICS A. ROLL CALL AGENDA APPROVAL 9. HEARINGS 1. Ordinance 411-18. Komi Fire Code 2. Ordinance 412-78. Authorizing purchase of Sewer Jet Cleaner SM appropriating Federal Sharing funds for such purchase 3. Ordinance 43-78, Establishing Capitol Project Fund "Sewer Treatment Plant %todiflestionaff 4. Ordinance 414-70. Classification a Foy Plan FY 1070-70 5. Tentative Service Chagas for Public Use at the Kenai City Doak C . PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. Owar Thomas. KUSCO , and representing load utility companies 8. Mrs. Staft Vow - public nuisance adjacent to personal residence 3. Mr. Ed Call & Property Owners - Bush Lones Subdivision MVIUTSS 1. Minutes of t1ho regular meeting of June 7. 1979 2. Minutes of the special meeting of June 14,1976 X. CORRESPONDENCE 1. 6haron Lcoall - restpodan from Advisory Planning a Zoning Commission W. OLD ausems 1. Resolution 78-94. AWard of contract for JWdWW services. 2. Lem d CitY owned lamb - Thomas Ackerly and P&Wkk O'Connell 1. 811115 to be Paid - bill$ to be ratiflail I . Approvol of requisitions exceeding 1500 3. Ordinance 416-78, astablidduff a Recreation Comnftsbn for the City of Kenai 41 Ordinance 417-71, Komi sontor Cidson Budget PY 1010-10 5. Ordinance 418-10. Iftolaring Fuel Troller surplus A authorizing Its sale w J. Doyle $. Resolution 71-08, Establishing Regulations a Updating Rates/Rental of ft. Roney 1. Assoludom 70-99# RatAbHoWng Terminal Lase Rates # Fee Schedule FY 1078-70 9. Resoludw 78-100, Transfer d funds in various doift. - Printing G Binding Budgets 9. Resolution 78-101, Waiving Penalty & Interest for delinquent waterlsewor bills 10. Reselution 71-102, Transfer Of Funds, shop & Strom - purchase of power sugar n. Resolution TS -103, Authorizing temporary lease of Fuel Trailer to James K. Doyle 19.Assigninds of Luse - Andy's flying Service to Division of Business Lam 12. Request hr extension of development completion - Andy's Flying Service 14. poriodia Estimate for partial payment - Interstate Company - EDA 07-01-01604A to Payment to TRA/Fwr - Kenai Airport Mastorplan Study Is: Pament 0 CUSS Rill - Airport Resurfacing. STP Interim Modifications & facilities Plan a. R8PORT6 1. City Manger's Report 2. City Aftney's Report S. usy"Is Report 4. City Clark's Report 6. Innan" Simm's awn 6. Planning a Zoning Commission's Report 1. Bovoup Assembly's Report UATOR a COMCM - QUESTIONS AND COMMENTS I* PERSONS PRESENT NOT SCHEDULED TO BE WARD AWOURNMENT a I KENAI CITY COUNCIL - REGULAR MEETING JUNE 21,1971 - 7: 00 P *M -xTNA1 PUBLIC SAFETY BUILDING -iAYOR VINCENT OIREILLY PRESMING PLEDOE OF ALLEGIANCE A. BOLL CALL Present- Betty GIftk. Ron Malston, Vincent 091teilly, Phillip Aber and Tom Ackerly Absent: Edward Amberian and Dan Whelan AGENDA APPROVAL Then were no additions or deletions to the agenda 8. PUBLIC HEARINGS B -Is Ordinance 411-78, Fire Code Mayor O'Beilly read Ordinance 0-76 by title only. "An ordinance of the Council of the City of Keftai amending Chapter Eight (how referred to as Tide Eight) of the Kenai Code to Update standards adopted and to delete Imprisonment as a form of punishment for violation committed under this title." MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 411-78 0 Komi Fire Code. Mayor O'Reilly opened the hearing to the public. There was no comment. City Attorney Schlereth advised that at the last meeting of Council , Councilman Amberian rabed several questions relative to the State and the City's responsibilities on inspections fire drills, etc. and Mr. Schlereth advised that he had prepared amendments to the ordinance ,,but would request that the matter be tabled until the next meeting of Council when Councilmonber Ambarian could be present . MOTION - TABLE Councilman Malston moved, seconded by Councilman Aber, to table Ordinance 411-78 until the next regular meeting of council. Motion passed unanimously by roll call vote. B -2s -79, Authorizing purchase of Bower Jet Cleaner Ordinance 412 Mayor OReMy read Ordinance 412-78 by tide only. "An ordinance of the Council authorizing the purchase of a Sewer Jet Cleaner and appropriating Federal Revenue Sharing funds for such purpose." 6 - 11 . - " " -:: � , '.. & : - , - - -- 0 -T-- — - - — - - -,P, — - –% MINUTES, Page Two MOTION: —s Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 412-78 authorizing the purchase of a Sewer Jet Cleaner and appropriating $17,000 for such purpose. Mayor O'Reilly opened the hearing to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. -78. establishinff Capital Prolect Fund "Sewer Treatment Plant Modifications" B Ordinance 413 7 Mayor O'Reilly read Ordinance 413-78 by title only, "An ordinance of the Council oftblishing a Capital Project Fund entitled "Sewer Treatment Plant Modifications" by increasing estimated revenues and appropriations in the amount of $63,500. MOTION: Councilman MaIslon moved, seconded by Councilwoman Glick, for adoption of Ordinance 413-78, Capital Project "Sewer Treatment Plant Modifications" and increasing estimated revenues and appropriations in the amount of $03, 500. Mayor O'Reilly opened the hearing to the public. There was no comment. QUESTION: --Modon-paned-un&Wmously-by,woUQdlvote. B-4: Ordinance 414-78. Classification a Pav Plan FY 1978-79 Mayor O'Reilly read Ordinance 414-78 by title only. "An ordinance of the Council amending the Personnel Regulations of the City of Kenai by adding thereto a classification plan and a pay plan." MOTIONt Councilwoman Glick moved, seconded by Councilman Malston , for adoption of Ordinance 414-78, Amending the personnel regulations by adding a classification plan and a pay plan. *4 Mayor O'Reilly opened the hearing to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. B-5: Tentative service charges for public use at the Kenai City Dock Mayor O'Reilly advised that per the agreement between the City of Kenai and Salamatof Seafoods, a public hearing was required to determine tentative service charges for public use at the Kenai City Doak which Salametof now leases from the City. Mayor OtRailly opened the hearing to the public. A. a I F - MINUTES, Page Three V- — - -- W — -11 WW111iiiiiiiiiiih I- im Nil 11. 11110 1 111110"ill a Mr. Bill Nelson - presented a memorandum to Council in which he stated that as a user of the docking area he believed that the rates for transient moorage, crane lifting services and wharfage services were excessive and effectively exclude public use. t1r. Nelson presented comparison figures from the Cities of Homer, Seldovia and Seward to the proposed schedule of rates as presented by Salamiatof - Mr. James E. Fisher, Attorney for Salamal advised the Council that Salamatof had experienced several delays in construction and renovation of the dock and the costs have for exceeded those anticipated. Mr. Fisher also advised that because of the delays, the dock may not be ready for utilization until the end of the fishing season. City Manager Wise requested that the pictures of the dock in Its present condition and prior condition be presented to Council to substantiate the major construction work that Salamatot has undertaken to develop the dock area. Mr. Nelson stated he could understand the increased rates due to the construction and cod Involved in updating the dock, however, still felt the wharfage rates were excessive and also asked that the City would insure that all fishermen were given equal access to the dock. Mr. Ton Waterer, President of Salematol advised Council that prior to Salamatof taking over the dock, no one had been able to use it successfully and felt his firm had gone to considerable expense and would have to set the fee schedule accordingly. Mr. Waterer also stated that he did not feel the proposed rates were excessive as they compared to the fees charged his firm for similar use of another docking facility. There being no further public comment, Mayor O'Reilly brought the hearing back to the Council table. MOTION: Councilwoman Glick moved, seconded by Couneftm Malston, for approval of the proposed "tentative service charges for public use at the Kenai City Dock" as presented by Salamatof Seafoods, Inc. with the following amendments: Transient moorage - first hour - $7.50/houl 1-3 hours - $12.50/hour and 3 hours a over - $15.00/hour and wharfage service rates for raw fish transported over dock $. 03 per pound. Charges are to be considered as interim charges and after a period of itilization, charges will be reviewed by Council and, 9 need be, adjusted accordingly. Mayor O'ReiUy stated that per provisions of the lease , the rates would be reviewed in February of 1979. Councilman Aber stated that he felt the proposed rates were in excess d the rates of other docking facilities on the Peninsula. QUESTION: Motion passed by roU call vote with Councilmembers Aber and Ackerly voting no. C . PERSONS PRESENT SCHEDULED TO BE HEARD a r J MINUTES, Page Four -.Q-1: Mr. Oscar Thomas, KUSCO, and representing local utility companies Mr. Thomas stated that Council was aware that the local utilities were experiencing difficulties with the City's public works projects and these difficulties have become acute to the extent that the utilities felt that a solution must be agreed upon. Mr. Thomas advisedthat there is an apparent lack of coordination between the City, the contractors and the inspection agency; no pre -construction conferences are being held; no prior notice given as to the contractor's commencement of work; an apparent unwillingness to communicate with the utilities; failure to consider and apply for relocation costs when applying for grant money to fund the projects and , design work apparently did not give consideration to utility plan in place. Mr. Thomas further commented that the utilities had met with the City and contractors and the matter was supposed to have been resolved, however, certain actions on the part of the contractor indicate that several problems still exist. Councilman Malston stated that the Council ad hoc committee had met with all Pfffies concerned relative to this matter and had felt at the conclusion of the meetings that the problems had been "ironed out". Councilman Malston further commented that he too felt that the utilities were not being given adequate notice when a letter goes out the day before commencement of work. With the concurrence of Council , Mayor O'Reilly requested that a meeting between the Council ad hoc committee, the contractor, project inspectors, utility representatives and City Administration be hold at 8: 00 a.m. Thursday morning at City Han. C-2: Mrs. Sandra Vozar We - V czar , owner 91 the Toyon Apartments, requested Council , a Immediate action on the abatement of a public nuisance across from her apartment complex located on Roy Jahrig's property. Mrs. Vozw stated that Mr. Jahrig had been requested by the City to clean the property of all refuse and obsolete items. Mrs. Vozar stated that this situation had been on-going for approximately three years and the City had not enforced the action to abate the nuisances created by Mr. Jahrig. Councilman Ackerly stated that he was of the opinion that the mefter had been resolved some time ago. Councilman Malston stated that he had driven by the area In question and concurred that.the matter was long over -due in enforcement of the City's action relative to abatement of the public nuisance contained on the Jahrig property. NOTION: Councilman Malston moved, seconded by Councilman Ackerly. that City Administration proceed Immediately in requiring Mr. Jahrig to clean up his property or if the City to not able to enforce this request, to legally proceed with bringing action against the property owner, C-3: Mr. Ed Call a Proverty Owners - Liho Street As Mr. Call was not present, Nre. Sandra Vozar spoke in behalf of the group. 0 F__ DWTES, Page Five T_ ­ - ___ - __ __ -" Mrs. Vozar stated that in the street Improvement project being done to Lilac by the City of Kenai, engineering of the street Is such that the contractor has made the street so narrow that there is not enough room for cars to pass, the culverts in the drives are so short that the driveways have been reduced considerably and the drainage ditches are so deep that possible hazards are being created. Mrs. Vozar also stated that construction has stopped, however, it does not appear that the road has been completed. Mrs. Vozar also stated she was advised by City Administration that the City would not provide culverts for unimproved lots and she had to purchase culverts for installation on her property. Mrs. Vozar advised that in contacting City Administration, she has not been able to determine who authorized this project and also'contacted EDA who advised that the monies were allocated to provide jobs to got people off the unemployment rolls and the EDA representative also stated that the funds would not be released until such time the City has met the minimum requirements. Victor Heft - also concurred with comments by Mrs. Vozar and commented that due to the installation of the now culverts, he now had a one car drive rather than a 2 -car drive as before. Mr. Heft also stated that the drainage ditch in front of his house is 21 deep and is very hazardous. Mr. OOOrffO Poster - stated that in addition to the above comments, he has noticed that half of the culverts are filled with gravel and will be plugged up when the City grades the Afteet. Mr. Calvin Quandt - Mr. Quandt stated that because of the poor construction of the street, his ft An value4mdmould -support -putting -the-street back to its original condition prior to the project. City Manager Wise advised Council that in December of 1978, five streets in the City were selected to utilize LSRST funds plus additional grant funds for up -grading and reconstruction. Mr. Wise reported that the criteria for selection was that (1) streets were used for school bus transportation, (2) streets that habitually experience great problems due ti) break-up. Mayor O'Reilly inquired it the engineer had submitted proposed plans to the proper funding agencies and was advised by Wince-Corthell that plans were submitted to the State and wore approved and such plans complied with normal engineering standards. Public Works Director Keith Kornelis advised that the street has not yet been completed. Mr. Von Brown 0.=ntractor on the project, advised that the project was 95% completed and the strelivas presently at design width. Councilman Malston stated that In inspecting the street# he did not understand the reasoning for the deep ditches. Mayor O"Reilly advised that he too had reviewed the project aid had several concerns. Councilman Malston also stated that the culverts appeared to be too short and was concerned about future blockage from dirt and gravel. Mr. Cl-alg Freas of Wince-Corthell, stated that as the street is not finished to grade. perhaps it appeared that the ditches are deeper than they will be at completion. Council instructed Administration to meet with the property owners on Lilac Street, engineers and contractors, to determine all concerns, etc. and report conclusions of the meeting to the ad hoc committee of Council for final review and recommendation by Council. Ll r I -- - I —W MINUTES, Page Six D. MINUTES Minutes of the reffular meeting of June 7, 1978 Councilwoman Glick request clarification on page 14 - reference to Mr. Quandt and the City contacting him to determine if he would assume responsibility for the remaining property in question for the proposed assessment district. Minutes were approved as corrected. D-2: Minutes of the special meeting of June 14, 1978 Approved as distributed. E. CORRESPONDENCE E -l: Sharon Loosli - resignation from Advisory Planning Commission Mayor O'Reilly acknowledged receipt of letter of resignation from Sharon Loosli a member d the Kenai Advisory Planning a Zoning Commission and advised Council f that a letter had been sent to Mrs. loosli thanking her for her contribution to the City. i F . OLD BUSINESS a-1: .Readution 78-.94s.-awardof.contract for Janitorial services Mayor O'Reilly read Resolution 78-94 by tide only. "A resolution of the Council of the City of Kenai awarding contracts for janitorial services for the Kenai Police Dept.. Kenai Community Library and Kenai Municipal Airport Terminal." MOTION: Councilwoman Glick moved, seconded by Councilman Malaton , to bring Resolution 78-94 off the table. Motion passed unanimously by roll call vote. Mayor O'Reilly opened the meeting to the public. There was no comment. Mayor O'Reilly acknowledged receipt of a letter from Mr. Fred Parnell, low bidder on the janitorial contracts in which Mr. Parnell requested Council consideration of his low bid and asked that Council award the contract for the Terminal to him and give him the opportunity to provide such a service. MOTIONi Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Resolution 70-04, awarding Janitorial contracts for Police, Library and Terminal to ServiceMaster of Kenai, and any and such adjustments In cost per square foot for janitorial service to be made at such time the Terminal is carpeted. 0 R F�__ I ............... - - __ - __ __ - T. �- - -_ - -'� - ---,% . _- _- � ---%VI -MINUTES, Page Seven Councilman Ackerly stated that at the budget work sessions It was discussed that the City would continue "holding the line" on expenditures and felt that Mr. Parnell bid was $19,000 lower then ServiceMaster and would, therefore, be opposed to awarding a contract under these conditions. Councilman Abert."oncurred with comments from Councilmember Ackerly. Councilwoman Glick stated that she was not adverse to giving persons in a new business a chance to provide services, however, in the past ft has become apparent that In awarding contracts It has not always been wise to award to the lowest bidder and the Council should consider awarding to the most qualified. Councilman Aber inquired as to funding available in the Airport Terminal Budget and was advised that additional funding to cover the proposed Terminal contract with Service- Master would have to come out of Airport Contingency. NOTION: Councilwoman Glick moved, seconded by Councilman Maiston, to amend the motion for adoption to award the Kenai Community Library Janitorial Contract at $.075 sq. ft. per month to ServiceNaster, the Kenai Police Department at $3162 per sq. ft. per month to ServiceMaster and the Municipal Airport Terminal at $.25 per sq. ft. per month to Fred Parnell and further require that all insurance and bonding requirements per the bid 9 be properly met. Councilman Maleton requested that the contract document Include a clause to stipulate a 30 day trial period for the Airport Terminal Services. Amendment passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. F-2: Lease of CItv owned lands - Thomas Adkerlv and Patrick O'Connell Mr. Wise requested that Ode matter remain tabled as the surveyor has been out of town and unable to complete the additional work required before final approval of lease. Council so concuired. 0. NEW BUSINESS 0-1: Bills to be paid - bills to be ratified MOTION: Councilwoman Glick moved seconded by Councilman Malston for approval of bills to be paid and bills to be ratified as presented by the Finance Department this date. Motion passed unanimously by Poll call vote. Requisitions exceeding $500 NOTION: Councilman Malstoft moved , seconded by Councilman Ackerly, for approval of It I a k It I a MINUTES, Page Eight requisitions exceeding $500 dated 6/21/78. tl) Motion passed unanimously by roll call vote G-3: Ordinance 416-78, establishing a Recreation Commission for the City Mayor O'Reilly read Ordinan6e 416-78 by title only. "An ordinance of the Council of the City of Kenai establishing a Recreation Commission of the City of Kenai and enacting Title XIX, Recreation Commission, of the Kenai Cod# In its entirety." MOTION: Councilwoman Glick moved. seconded by Councilman Malston, for introduction of Ordinance 416-78 e Recreation Commission for the City of Kenai. MOTION - AMENDMENT: Councilman Nalston moved, seconded by Councilwoman Glick, to amend Ordinance 416-78 to require that,a member shall be a "resident of the City of Kenai" and under duties and powers add item 6 which shall state that the Commission shall assist in an advisory Capacity in the selection of the Director of Parke and Recreation. Motion passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. ClWinon a 417 -TS.. Xenai.Sr—Citizen Budget. PY 1978-79 Mayor O'Reilly read Ordinance 417-78 by titly only. "An ordinance establishing a Special Revenue Fund entitled "Kenai Senior Citizens Project PY 1978-79" by increasing estimated revenues and appropriation in the amount of $38,65G." NOTION: Councilman Malston moved , seconded by Councilman Ackerly, for Introduction of Ordinance 417-78, Sr. Citizen Budget PY 1978-79. Motion pass" unanimously by roll Call vote. 0-5: - Ordinance 418-78 Declaring Fuel Trailer surplus a authorizing sale M9Y0r O'Reilly read Ordinance 48-78 by title only. "An ordinance declaring the 1960 Clough Fuel Trailer surplus and authorizing Its sale to James H. Doyle for $10, 000. NOTION: Councilwoman Glick moved, seconded by Councilman Ackorly, for introduction of Ordinance 418-78, declaring Clough Fuel Trailer surplus and authorizing its sale for $10,000. Motion passed unanimously by roll call vote. J6: .1tesolution 78-08. establishing regulations & updatiniz Vt. Kenav rental rates. Mayor O'Reilly read Resolution 78-98 by title only. "A resolution of the Council establishing r0gulati6no and updating rates for rental of Fort Kenay. 3 a MINUTES, Page Nine EMOWT -T- ---- - -'-N LAION'. Councilman Ackerly moved. seconded by Councilwoman Glick, for adoption of Resolution 78-98, establishing regulations and updating rates for rental of Ft. Kenay. Mayor O'Reilly opened the meeting to the public. There was no comment. Councilman blelston sated that he did not agree with banning use of the kitchen to the public due to use by the nutritional program as the equipment, etc. as well as Ft. Kenay was built for use by the public. MOTION - AMENDMENT Councilman Malston moved, seconded by Councilman Aber, to delete item #5 of Resolution 78-98, relative to use of the kitchen area. After Council discussion on use of the kitchen facility by the public, City Manager wise requested Resolution 78-98 be tabled in order to allow for representatives from Title VII program to present testimony concerning potential problems of public use of the kitchen. NOTION: Councilman Nalston moved, seconded by Councilman Ackerly, to table Resolution 78-98 to allow representatives from the Tide VII program to appear before Council at the next meeting and further, Councilman Malston admonished Council to remember that Ft. Kenay belongs to the taxpayers of the City of Kenai and should be utilized by our citizens. Motion passed unanimously by roll call vote. 0-7: Resolution 78-99, establishinir Terminal lease rates A fee schedule FY 1978-79 Mayor O'Reilly read Resolution 78-99 by title only. "A Resolution of the Council Of the City of Kenai establishing Terminal lease rates and a fee schedule for the period of July 1. 1978 through June 30, 1979 in the Kenai Municipal Airport Terminal." MOTION -s Councilman Nalston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-99, establishing lease rates and a fee schedule for the Terminal FY 1978-79. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. 0-8: Resolution 78-100, Transfer of funds in Various depts. - Printing A Binding costs Mayor O'Reilly read Resolution 70-100 o transferring monies within the 1977-78 General Fund Budget From Non-departmental/Printing a Binding - ($1,660) To Legislative/ PAD - $2001 City Attorney/P&B - $150; Finance/ PAD - $300; Police/P&B - $450; and Fire/P&B $650. The purpose of this resolution Is to provide funding for the purchase of reproduction supplies, Including paper and developer." U. 4 IF T_ -- - -- - 'j- -- - -% MINUTES, Page Ten MOTION: Councilman Malston moved, seconded by Councilman Ackerly, for adoption of Resolution 78-100, transferring funds to various departments for Printing & Binding costs in the amount of $1,650. Mayor O'Reilly opeined the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. 0-0: Resolution 78-101, waiving penalty a interest for delinquefit water/sewer bills. Mayor O'Reilly read Resolution 78-101 by title only. "A resolution waiving penalty a interest for delinquent water a sewer bills an the Woodridge apartments. 11 City Manager Wise requested Council consideration In voting down this proposed resolution as the Woodridge Apartment complex (senior citizen complex) Is fully subsidized by the Government. NOTION: Councilman Ackerly moved,seeonded by Councilman Aber, for adoption of Resolution 78-101, waving penalty & interest on delinquent water and sewer bills for the Woodridge Apartments. Mayor O'Reilly opened the meeting to the public. There was no comment. Motion hiled unanimously by roll call vote. 0-10t Resolution 70-102 * transfer of funds - Shop a Street Depts. Mayor O'Reilly read Resolution 78-102, transferring of funds within the 1977-78 General Fund Budget from: Shop - Repair & Maintenance - ($1, 000) to Streets - Machinery & Equipment - $1,000 to provide funding for the purchase of a power auger for the Street Department." MOTION: Councilman Aakerly moved, seconded by Councilwoman Glick, for adoption of Resolution 70-102 transhr of funds in the amount of $1,000 for purchase of a power auger. Mayor O'Reilly opened the meeting to the public. There was no comment. -QUESTION# Motion passed unanimously by roll call vote. 0-11: Resolutlon78-103. Authorizine temnorary lease of fuel trailer to James Doyle Mayor OtReilly read Resolution 78-103 by title only. "A resolution of the Council of the City of Kenai authorizing the lease of a 1969 Clough fuel trailer to James H. Doyle." t -,a MINUTES Page Eleven NOTION: Councilman Maiston moved, seconded by Councilman Ackerly, for adoption of Resolution 78-103 authorizing a lease with James Doyle for the Clough Fuel Trailer on a temporary, interim basis. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: . Motion passed unanimously by roll call vote. 0-12: Assignment of Lease - Andv1 9 Fiving Service to Division of Business Loans, MOTION: Councilman Ackerly moved, seconded by Councilman Malston, for approval of assignment of lease from Andy's Flying Service to Division of Business Loans on Lot 4, Block 5, General Aviation Apron. Motion passed unanimously by roll call vote. 0-13.- Request for extension of development completion - Andy's Flying Service Mayor O'Reilly acknowledged receipt of a letter from David Diarrion �owner of Andy's Flying Service relative to Lot 1, Block 2, General A onAifron, In which Mr. Diamond is requests an extension in development In order to 4[(;4future use of the lot as well ..&x.Ui9_&ct,th&t,his.f1rmhaa. an -Immediate need -for AuxillarY 0#eraft Parking - Councilman Aber stated that this request appears to still be well within the planned use of the area. NOTION: Councilman Malston moveds seconded by Councilman Aber, to approve Mr. Diamond's request for a two year extension of development completion on Lot 1, Block 2, GAA. MOTION - AMENDMENT Councilwoman Glick moved , seconded by Councilman Ackerly , to amend the motion to grant the extension for a one year period and, in addition, the request to be reviewed by the Advisory Planning & Zoning Commission. Motion passed by roll call vote with Councilman Nalston voting no. KAIN, AS AMENDED Passed unanimously by roll call vote. 0-14: Periodic estimate for partial payment - Interstate Company MOTIONt Councilwoman Glick moved, seconded by Councilman Malston, for approval of final payment in the amount of $38,036 to Interstate Company, Inc. for RDA Project 07-01-01684. LE MINU*TES, Page Twelve Councilman Aber stated that he would request the contractor correct all deficiencies that have —N occurred in the project to date. Councilman MalstOn stated that the V ater was 8011 colored and requested that a solution to the problem be researched. Councilwoman Glick Inquired if the deficiencies would fall under warranty and If the City should withhold final payment until this matter has been resolved? City Attorney Schlereth advised that an obligation to pay the requirements of the contract may be such that the City Is under within a certain time period and proceed with warranty work as need be. QUESTION: Notion passed by roll call vote with CouncUmen Malston voting no i 0-15: Pavinent to TRA/Farr - Kenai Airport Master Plan Study C NOTION: Counanwoman Glick moved, seconded by Councilman Malston, for approval of payment to TRA/Farr for work performed during April and May, 1978 in the amount of $16,411.17 on the Airport Master Plan Study. Motion passed unanimously by roll call vote. 0-16: Xa=ant to CH2M Airport Resurfacing, STP -a FaciNes Plin MOTION: Councilman Ackerly moved, seconded by CouncHwomen Glick , for approval of payment 'Airportinesurfacing Grant ..$2,,300;,SVlnterimt4odifimtiOnS $2#230.71; and Facilities Plan - $2,494.17. Motion passed unanimously by roll call vote. 11. REPORTS B-1: City Managert a Report Mr. Win advised that RDA approved funding of five Ifft station renovations and 4 fire ize in -Corthell to proceed hydrants. . Mr. Wise requested Council approval to author W ce with preparation of change orders for the four fire hydrants. NOTION: Councilwoman Glick moved, seconded by Councilman Ackerly, for approval of authorization for Winco-Corthell & Associates to proceed with proper change orders to include four fire hydrants. Notion passed unanimously by roll call vote. (b) Mr. Wise advised that City Hall had received a request from Arctic Aviation to lease additional properties adjacent to their present leased area and requested Council authorization to proceed with proper survey and appraisal of the area. IE rE 1P I I I MINUTES, Page Thirteen Councilwoman Glick inquired It the proper procedure would not be for Arctic Aviation __*N to submit an application form and upon receipt of such request, the City would then proceed with proper surveying and appraisal of the area In question? MOTION; Councilman Aber moved to authorize City Administration to proceed with surveying and appraisal of the area requested by Arctic Aviation subject to review of possible snow removal. problems. Motion died for lack of second. (a) Mr. Wise advised that the City would be presenting change orders on the Airport Project at the next meeting. Councilman Aber requested that the problem of drainage of the Float Plane Basin be addressed at the same time. H-2: City Attorneyts Report None H-3: Mey�rls Report Mayor O'Reilly advised that he had accepted a $500 contract for consulting services with Pacific Alaska LNG, amr-OM8111YA180 AdvtSod.AW Alaska. huerstate 4ntended to have a Board of Director' 9 meeting August 21st and are coming to Kenai on the 22nd -- Mayor O'Reilly suggested a Joint Meeting of XNA , City of Kenai et al at this time. H-4: City Clerk's Report None H-5: Finance Director's Report Finance Director Ross Kinney requested a special meeting of Council to be held at 5 p.m. Thursday, June 29th for the Purposes of approval of year-end bills and award of contracts. Finance Director Kinney also stated that Recreation Director Mark Brown requested that donated monies in the amount of $500 that were dedicated to improv m e ants etc. for Cunningham Park be released so that the Parke Department could build picnic tables, e areas, etc. MOTION: Councilman Ackerly moved, seconded by Councilwoman Glick. for approval of donated funds in the amount of $500 to be released for improvements and construction of facilities for Cunningham Park. Motion passed unanimously by roll call vote. IL I W 1� -1 ___V_ ___ - �Uu )PLLUIEMIN MINUTES, Page Fourteen Finance Director Kinney advised that Coopers & Lybrand had started the annual audit; and Peat, Marwick has completed the audits on the Library Construction Project, Title III a VII Sr. Citizen Projects and an auditor from Washington D. C. will travel to Kenai in July to conduct an audit on the Federal Revenue Sharing Funds. H-6: Planning & Zoning.Commission's Report None H-8: Borough Assembly's Report Mayor O'Reilly reported that a number of resolutions regarding service areas have come before the Assembly and the problem is going to be "thrown out" on the Assembly floor for clarification. MAYOR a COUNCIL - QUESTIONS AND COMMENTS Councilman Ackerly stated that his reasoning for introduction of Resolution 70-69, relative to recreation service areas, was because of the vast monies within the Borough which should be utilized to assist the communities with such programs as recreation. City Manager Wise stated that ff the Council intended to get the issue on the up -coming ballot, it would be necessary to present the resolution to the Borough prior to the end of the month. Councilman Malston stated he felt the matter had been dropped due to the -he -felt -that an 4esue such -as this would not enhance the City's relationship with the outlying areas. Councilman Malston hafter stated that he felt that a recreation program within the City of Kenai would be beneficial in making Kenai a better community in which to live. Councilman Malston also Inquired as to the status of the BOR projects and was advised by Finance Director Kinney that as-bu e needed prior to completion of the audit by the State. Councilman Malston stated h e to see the projects closed out so that the -City could become eligible for n funding. Councilman Malston requested that a report be submitted to Cou the next regular meeting an the ROR projects. ilwoman Glick also stated that she would like to have a report relative to the breaking of the water line on Redoubt Way by Brown Construction and the possibility of billing Brown Construction for expenses incurred. Council so concurred. City Manager Wise reported that he had waived the hook-up fee for Alaska Industrial Hardware and requested Council approval. I MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the Council hereby waive the $400 hook-up fee for Alaska Industrial Hardware. Motion passed unanimously by roll call vote. I MINUTES, Page Fifteen Councilman Malston requested that the streets be swept and was advised that the tentative whedule was for cleaning of the streets between the lot of July and the 5th. Billboard/advertis'ing signs - Councilwoman Glick inquired as to the status on the report of the various billboards , etc. placed about the City. City Manager Wise stated that he had Vffiewed the ordinance which states that the advertising must be on the vertis a ad er property — there are many violations within the City, however, the matter will be submitted to the Planning Commission at their next meeting. ADJOURNMENT There being no further business to be brought before Council, the meeting adjourned at 12:35 a.m. ReWeetfally submitted. iuor Cl�p eter, city clerk -V Foam U.S. 09PARTMENT or COMWEACE Date folev. 6.721 SCONOPAIC DXVS16006*9ftT ADMI1610 THAT loft 15 JUNE 1978 Ploject No. 07-51-20074 CONTRACT CHANGE ORDER Location To (Convaster) ROCKFORD CORPORATION r-untracc No. KENAI, ALASKA 8244 HUCKLEBERRY STREET Change Wer No. ANCHORAGE, ALASKA 99502 You are hereby requested to comply with the following changes from the contract plans and specifications: ham Description of changes - quantities. units, Decrease In Increase in NO. unit prices. change in completion schedule. cgc. contract price contract vice (21 (3) (41 See attached "Description of Pump House Changes" and "Preliminary En0neer's Estimatell. 43 L I kl Choose In contract price do* to this Change Order. -b Total decteas* xxxxxxxxxxxxxx Total Incites@ XXXXXXXXXXXXXX j 36.000 Difference between Col. (3) and (4) s 36.600 Not Onclose*) Wof"66) contract price Is MAD 7* sum of s JWOO Is berebyAna*ded to) N 1" the total. contract can price, afid the L Item W 7 �p 3. 4. 6. % Attachnient To Change Order No. I -EDA ProJect No. 07-51-20074 Description of Pump House Chanqes Remove two (2) gas engines and gas engine appurtenances including engines, starting equipment, battery chargers, cooling system, gas piping, exhaust stacks, anchor bolts, and other appurtenances as directed. Load, haul and place these engines on 1211 x 12" timber skids in Owner's yard as directed. Cover with two thicknesses of reinforced black polyethylene thoroughly tied down with 14 inch polypropylene rope. Provide skidg as shown and directed. Retain existing centrifugal pumps and associated suction and discharage piping. Furnish, install and connect two (2), 60 HP, 1,760 RPM, 460461t. 3 phase electric motors of the same rake and' model as the existing 50 HP electric motor. Furnish and install two (2) flexible coupl ings of the sare make and model as the existing flexible coupling between the existing 60 HP motor and electric motor -driven centrifugal pump. Furnish and install two (2) cast-iron'pump and electric motor bases of the same make and model as the existing cast- iron pump and electric motor base. MlDdify existing reinforced -concrete engine foundation as required to support cast-iron pump and electric motor base, by chipping, and cutting or building up with concrete and reinforcing steel. Use an approved epoxy bonding compound to bond new concrete to old concrete. Mount, align, support and secure pump, electric motor and cast-iron base. Furnish and install .anchor bolts and nuts and grout pump and electric motor base with an approved expansive grout, sdch as Efnbeco or equal, to provide a solid and secure pump and motor base structure. Carefully remove existing 60 HP motor starter and appurtenances including wiring, conduit, connectionss and other -appurtenances as directed. Load, haul and place removed motor starter and appurtenances on 8" x 8" timber skids In Owner's yard as directed. Cover with two thicknesses of reinforced black polyethylene thoroughly tied down with U inch polypropylene rope. Provide skids as shown and directed. -I- I 4 - �r I Item Description of Pump House Chanqes Wo. 7. Furnish, install and connect three (3), NEMA Size 3. non -reversing, autotransformer-type,.50 HP, 460 -volt, 3 phase, reduced voltage* Westinghouse SMmC motor starters with separate control circuit transformers for 120 -volt control circuits. Install with I inch standoff an interior of northwest wall of pump house. Enclosures shall be NEMA 1. Each starter shall be provided with an M -O -A selector switch and a I'motor energized" indicator light mounted in the enclosure door. 14otor starters shall be connected to their respective motors through hot -dip galvanized rigid conduit down to beneath and rising out of gravel floor to a short section of flexible conduit securely fastened to the motor outlet device by appropriate flexible conduit fittings. Connect taps as directed. 8. Furnish, install and connect six (6), Square 0. AS -1E adjustable time delay relays in NEMA I enclosures, each with one (1) NO and one (1) NC timed contact, and with on - delay to off -delay convertible feature. These time delay relays shall be connected in the motor starter control circuits as directed to delay motor starting and stopping, In order to avoid rapid start -stop cycling from water level control chattering,-power.1afluce, -water system pcessure surges or other causes. These time delay relays shall also be connected as directed in order to cause motors to start one after another, instead of all together, after power failure. The purpose of successive starting is to minimize motor starting loads on a possible auxiliary power unit. 9. Retain existing gas engine and electric motor water pressure control switches and water pressure connections. 10. Furnish, install, connect and label one (1) rotary gang switch to permit manual alternation of Pump 1, 2 and 3 In leads first lag and second lag service by shifting of pressure switch and time delay control circuits among the three motor starters. -11. Connect existing pressure control switches, time -delay relays, rotary gang switch and motor starters as shown in order to start punps one after another at successively lower water pressures and at successively greater starting time delay. 2 - �r I Itein Description of Pump House Chanqes 11. Remove old roof covering from pump house, Remove chlorination enclosure and chlorination equipment from pump house and store as directed. Remove and replace deteriorated sheathing, redrive nails of existing sheathing to remain. Patch holes and seal heat leaks as directed. Prepare surface for spray -applied, foamed - in -place, polyurethane insulation. Apply a minimum thickness of two inches (2") of spray -applied, foamed - in -place polyurethane insulation to roof. Apply two (2) costs of Gaco flex U-66 Series liquid urethane rubber protective coating over foamed -in-place polyurethane roof Insulation. Spray -applied, foamed -in-place 'polyurethane insulation and urethane rubber protective coating shall conform to the requirements for tank Insulation and protective coating set forth on Page SQT 25 Add I through SQT 30 Add 1. 12. Furnish and install untreated upper and lower longitudinal timber struts and treated bearing tinbers to support cracking end walls of the existing pump house as shown. Bolt longitudinal tinber struts to transverse tio6er struts at each crossing. -3- 11 .4- ---Mow 011 Attachment To Chanqe Order No. I EDA Project No. 07-51-20074 Preliminary Encineer's Estimate Item Short Description Engineer's Priliminary Cost Estimate I Remove & Store Gas Engines $2,000 2 Retain Existing Centrifugal - Pumps 3 Furnish & Install Two, 50 HP 6,000 2,760 RPM Electric Motors 4 Furnish & Install Two Flexible 19000 Couplings 5 Furnish & Install Two Cast-iron 21000 Pump -Motor Bases 6 Remove Existing Motor Starter '16,000 & Furnish & Install Three, '50 HP Autotransformer Hotor Starters 7. Furnish & Install Six 2,000 Time Delay Relays 8 Retain Existing Control Switches .9 Furnish & Install Gang Switch 11000 10 Connect Components 11 Remove Leaky Roofing,, Apply 3,000 Polyurethane Insulation T, Protective Coating .4- Item Short Description 12 Furnish & Install End Wall Supporting Struts Estimated Construction Cost Estimated Overhead & Contingencies @ 26.67% Engineer's Preliminary Estimate Total Cost Of Change Order No. I r rEnolneer's re iminary Cost Estimate 21000 $36,000 -6,000 $42,000 Psoject No. 07-51-20074 JUSTIFICATION FOR CHA14GE 6;d ;No. 1. Necessity for ch.111ge: See attached "Justification For Pump House Changes" 0 -E-3 TO$ CM No 3. Will proposed change sleet the pbysical size of the project? ED Yes CM No R 01yes.08 explain. 4. Elicit of thin chan8e on other prime contractors: None L Has consent of surety been obtained? D Yes Co Not necessary Qwill this change affect expiration or extent of Insurance coverage? Q Yes EM No U "Yes." will the policies be extended? ED Yes ONO I. Vf(cct on pperation, and maintenance Costs: Greatly reduced. 'D V, -- - -- - -;- - - ---% Attachment To Chanqe Order r1o. I EDA Project No. 07-51-20074 Justification For Pump House Chanqes The existing pump house contains two, spark -ignition natural gas engines and associated natural gas piping and natural gas carburetors. The wiring in this below -grade pump house is not explosion proof. There are many open electrical contacts. -W gas leak in the pump house is likely to result in an explosion, with consequent loss of the pump house and possible injuries and/or loss of life. Conversion of the unreliable gas engines to automatic electric motors will result in a much more reliable system, with substantially lower maintenance costs, lower fire and explosion risk and lower point loss under ISO rating rules. 0 The existing gas engines require repairs - not all of which are known - replacement of cooling water systems and repairs and modifications of controls, exhaust manifolds and stacks and other items. At best, these untended engines will be a contining nuisance to maintain, and untended daily operation will be a continual source of trouble. The oump house roof leaks, and must be repaired to protect pumping equipment and wiring. Roof insulation is inadequate, and the structure looses warm air through a number of loose roof jacks, hatches, cracks and small openings. The cost of heating the pump house is excessive because of these defects. The concrete block side walls of the pump house are held apart by trussed tinber struts. These struts are apparently effective in supporting the side walls against the soil pressure tending to push in the side walls of the 40 -foot long pump house. However, the 20 -foot long end walls of the pump house extend just as far below grade as the side walls, and are not supported by struts,pilasters or other devices. Consequently, the end walls have begun to crack down the middle from soil pressure. and may eventual ly,.,,col lapse unless they are strutted or otherwise braced. -6- .IV I A F L -7- -- - -- The 3,000.000 gallon steel water tank can be used effectively to maintain water pressure in the west end of town during periods of high water demand. However, this result can only be achieved if the pumping system which pumps water from the tank back into the water system is reliable in daily service. The present gas engine pumping equipment is not reliable. The present scheme of multiple pressure controls sensing pressure in the pump house may or may not opera�te effectively under the fast and slow pressure surges caused by the various pumps on the system. The system dynamics are too complicated to compute,.and must be tested and adjusted or modified from'full scale operation of the system. 14 � fl -t 1, - ` n L P111�111t- 111MIVAJ,; -t;� 4, Choose In contract price due to this Chanse Oedet: Tout decrease XXXXXXXXXXXXXX, Totot increase XXXXXXXXXXXXXX $ 3 000 Difference between Col. (3) and (4) S ZOO Met (increase) (deow"e) contract price 3*900 tWh So. 414421R4. ApecavAl lsoaos I unr 11. 0'4 U.S. DEPARTME4T Of COMM114CE Wev. 0.1180 CCONOWIC URVELOPO4SHT AOM'"IS""TION DAN 15 JUNE 1978 proinct No. 07-51-20074 CONTRACT CHANGE ORDER Location KENAI, ALASKA To (Centractor) ROCKFORD CORPORATION cuntrAct No. 1 8244 HUCKLEBERRY STREET Change Order No. ANCHORAGE, ALASKA 99502 2 You or* hct?by requested to comply with the following changes from the contract plans and specifications: Item Description of changes - quantities, units. Decrease in Increase in No. unit prices, choose in completion schedule, etc. contract price contract price tit (4) 1 Please refer to attached copy of letter dated 26 April 1978. Install new cable to match existing primary cable from Pump House transformer to FAA transformer. Route new cable around south end of Pump House as shown and described in the attached letter. 14 � fl -t 1, - ` n L P111�111t- 111MIVAJ,; -t;� 4, Choose In contract price due to this Chanse Oedet: Tout decrease XXXXXXXXXXXXXX, Totot increase XXXXXXXXXXXXXX $ 3 000 Difference between Col. (3) and (4) S ZOO Met (increase) (deow"e) contract price 3*900 V- 1111 ills 11 - Project No. 07-61-20074 Coalesce No. JUSTIFICATION FOR C"ANGE Choose order IYQ. 2 1. Necessity for chanSe: Cable in way of construction of drainage ditch through South end of old fire Pond. Must be removed. Mopoposed cbanSean alternate bid? Dyes CC NO 3.111ill proposed chanSe alter the physical size of the project? Dyes 03 no #108708,91 explain. IL 4. Effect of ibis change on other prime contractor$: None L'Bas consent of surtcy been obtained? 0 Yes Not necessary 6. Will this chanSo-offect expiration or extent of Inswance coveralle? D Yes No If "Yes," will the policies be extended? D Yes Pi NO 7. Effect on opetailon and maintenance costs: In kwir HAROLD H. GALLIM. JR. RaossTERED CIVIL ENGINEr%R 26 April 1978 Rockford Corporation 8244 Huckleberry Street Anchorage, Alaska 99502 Telephone (907) 344-9106 Subject: Order To Relocate Interfering Power Cables And One Pole Gentlemen: 740 F& ANCHORAOff. A 272-0 270.3 7Wo, 15,000 -volt, underground electrical cables have been found in the way of construction of the 3.000,000 gallon steel water tank under your contract. These cables begin at a bank of ground -level transformers a few feet west from the existing pump house. They then pun undergrounc to -and -up -a -po,%. -The -pole ..appears to -have -fused -di-sconnects in the circuit. From the pole, the cables go*underground. Two 02 at 15,000 volts run down the pole and underground apparently beneath the west embankment of the old fire pond, to the former water treatment building at the south end of the float plane basin. One #2 at 15,000 volts runs down the pole and underground, apparently beneath the embankment at the south end of the old fire pond, to an FAA avigation or airfield lighting installation. The as -built sketches by the old Kenai City Light organization am somewhat contradictory in that there is some indication that the FAA circuit may be only 240 -volt. Locations are crude at best, and all cables should be traced and staked and flagged clearly on the ground, using electronic cable locators, while the cables are still hot. After supposedly disconnecting cables, the same electronic gear should be used again to verify that hot cables have actually been disconnected. Do not rely on assumptions or "as-builts", because If you do someone may be electrocuted. I You are directed to perform the folla.4ing additional work to avoid delay or shutdown of the Job due to the above described interfering cables: 1. Determine.from FAA and the Owner (1) if the FAA circuit is essential, or (2) can the FAA circuit be permanently cut off. 2. If the FAA circuit can be permanently cut off, then permanently cut off both circuits at the existing three- phase transformer just west from the existing pump house. 3. If the FAA circuit is essential -and cannot be permanently cut off and retired, install a cable from the transformer around the south side of the pumphouse beneath the gas line, across the TriaTiage channel, and thence north to the FAA transformer, as shown. The reason you are directed to go around the south side of the pumphouse, instead of along the north wall as suggested, is to avoid temporary hook-ups and possible future disturbance. By going around the south end, the job can be done once, and it should not be necessary to have HEA on the site more than once. Cable shall be 1 02-15 KV, similar and equal to the existing --caMe to -the,+AA -transform. Burial shall be at least 3.0 feet, and shall be down in the Srevailing non -frost susceptible—sand subsoil. Burial beneath the rainage channel shall be at least 3.0 feet below the specified finished grade of the bottom of the—Crainage channel. Cable shall be protected at the drainage channel bottom by encasement in I - 21 foot length of 311 galvanized -steel rigid conduit or Schedule 40 pipe with galvanized malleable -iron bushings at each end. Center the encasing conduit at the centerline of the finished drainage channel. Record and deliver to the Engineer, the exact horizontal and vertical location of the new cable to the FAA transformer. Recording shall be on standard survey notes and by an SY' x 11" drawing. Homer Electric Association, the serving utility. insists on doing all electrical work on their primary circuits$ and these interfering caibles are primary circuits. Homer Electric Association has offered to do the necessary electrical work in a slightly different manner .2- -, —W r- for a maximum charge of $2,500. ;-�o-wever, it is impractical to obtain a fixed charge at Wi—stire. Therefore, proceed as directed above, and -payment which is justizied under Section 21 and 39 of the General Conditions, will be rede in accordance wTt-h Secffon 17c; et seq, with a 15 percent fixed fee to be added to Items 17c (1) - (6) to cover We cost'of su;ervision, overhead, bond, profit and any other general expenses not covered by 17c (1) - (6). A f0mal Change Order will be executed to evidence the work and costs as soon as costs are definitely known. Very truly -yours,. lhaa Parold H. Galliett, Jr., Registered Civil Engineer Engineer to the City of Kenai for EDA Project No. 07-51-20074 HG:M9 Enclosures: Photo Plan ,Sketch -41ap .3- T FA I..-- I I I III I ::._ ro"be 90.114 #Wn '40. 41-R.'480. Approval Eap, fee V. 0.781 U.S. DZIPARTMIENT 011' COM14ERCF VAIC 1190080141c DevitLopme"T ^00AINIS Tot a Too" 15 JUNE 1978 project No. CONTRACT C"AMIGE ORDER 07-51-20074 Location To (Contractor) KENAI. ALASKA ROCKFORD CORPORATION Contract No. 8244 HUCKLEBERRY STREET ANCHORAGE, ALASKA 99502 Change 0fjgt No. You We helehY requested to comply with the following changes from the contract plans and Specification kern Description a( changes - quantities, units, Decre so in In unit prices, change in completion schedule, etc. ra contract price cot (21 PI -ease refer to attached copy of letter dated 31 May 1978. Use continuous welds on knuckle clips of tank. 7*7 Choose In contract price due 90 this Change Wers V,3(.'7 - Total &crease Total increase X*4xxxxxxxxxx Diffetence between Col. (3) and (4) xxxxxxxxxxxxxx 4-11fOOO. ' 7 T met (increase) (Weemser) contract price S I M460 Ime sum of 8 3.000 h b ididded to) 0011MM*1116111) the total total adfusted contract otice io dfifP fhorohv 4 298.600 cOncf2ct price, and the 6- 41 07-51-20074 JUSTIFICATION FOR CHANGE 3 1. Nectal'ity for cliantc.: Please refer to'attached copy of letter dated 31 May 1978. IS-papost"AmIse- s"Itanate- bid? Yes CK) No .3. IrIll proposed change aiter the physical sire of the project? myes MUO ff ogres$ 00 explain. 4. Effect of this change on- other prime contractors: None flax consent of surety been obtained? Yes Not neceseasy Will this affect or extent insurance change expiration of coveralle? If "Yes." will the policies be extended? Dyes Dyes No MNO -4 7. Effect on operation and maintenance costs- k Reduced. Knuckle plate protective coating more reliable in preventing corrosion,due to 'tondensation a-nd. oyerflow watet-level inurersion. 1 1 616;iI HAROLD H. GALLIETT, JR. REGISTEIIII CIVIL VIOGINVER 31 1 -1 -ay 19 78 V4.6 F STWIFT Ahe"ONA09. ALAUK^ 272-0212 470-3226 Rockford Corporation 8244 Huckleberry Street Anchorage, Alaska 99502 Subject: Continuous Velds, Knuckle Clips, Kenai Tank* EDA Project No. 07-51-20074 Gentlemen: This letter directs you to use continuous welds on knuckle Clips of the Kenai Tank, EDA Project No. 07-6140074. This item of work was not specified, but is necessary to prevent unprotected areas of knuckle plate between interrupted welds. Mien coating over interrupted welds, very recently experience shows that coatings do not penetrate interrupted weld areas. This creates a weak point in the prote�tive coating system. A change order will follow, but this letter is necessary because knuckle clips are about to be installed overhead where they could be wre expensive to weld. At present, knuckle clips can be welded flat on the ground much more conveniently and economically. Estim3ted welders time is 46 minutes per clip, and there are an estimated 88 clips in the tank. The estimated total time for this addi tional wel di ng i s therefore 66 hours - There wil I be added to the labor cost the normal overhead and profit. Very truly yours, Harold H. Galliett, Jr., Registered Civil Engineer cc: Keith Kornelis, City of Kenai Garth E. Pehrson, Project Managers Alaska Inc. 71 A- M F-- 7- - -1 A -0I III III IIIII oil rm" V 1. a I.R., 411W. e0w. EV.114 U.S. DEPARTMENT OF COMWERCE bite Iftev. 4.711 ISCOOvOMIC 09VISLOPUIP47 &OW10401TRATION 16 JUNE 1978 CONTRACT CHANGE ORDER Project No. 07-51-20074 Location KENAI, ALASKA To (Conevoctor) conleact %o. ROCKFORD CORPORATION I 8244 HUCKLEBERRY STREET ch.anite Order so. ANCHORAGE, ALASKA 99502 4 You ate hereby requested to comply with the following changes from the contract plans and specificatiol Item Description of changes - quantities, units. Decrease in 11 No. unit prices. change in completion schedule, etc. contract price co (21 I Extend steel safety railing 61 right and 6' left from open ends of ladder landing railing 0- - L I J Change in contract price due to this Change Order: Total decrease $ XXXXXXXXXXXXXX Total Increase XXXXXXXXXXxxxx I S 1-900 Difference between Col. (3) and (4) S S LLQQ0 Met (increase) Wam"a) contract price S Lan The su. Of 8 1.000 Is hereby (added go) (JedM044mm) the total contract price, and the total adjusted coI price to date thqccby �Jls $191,000 .11 4. hairce No. 07-51-2 JUSTIFICAT1011 FOR C14ANGE To prevent* falls from tank due to slippery conditions resulting frost, rain, snow and ice. 3. Will proposed change otter the physical sirfe of the projecep EJ Y-05 M yes 193 ff-INO 4. Effect of this change on other prime contractors: None S. ties consent of surety been obtained? Yes Not necessary 6. Will this change affect expiration or extent of Insurance coverage? No Q Yes it "Yes." will the policies be extended? C3 Yes No 7. Effect on op*tation and maintenance costst k. Reduces risk 6f falls,from tank during maintenance acces's to hatch. I I— F IF I Nil illimil lignimi III ED.114 U.S. 0F.PARVIIIIIIIII 00' C-.#A1AEQCe Dare Ili 9.f. 4. 730 ECONOMIC O6V4L.OPMRNV 15 JUNE 19', Project No. CONTRACT C"A"GE ORDER Location 07-51-201 KENAI, J To evantractot) ROCKFORD CORPORATION 8244 HUCKLEBERRY STREET chanse 01 %'a. ANCHOMIGE, ALASKA 99502 5 You act hereby, requested to comply with the following: changes (cam the contract plans and specifi Item Description of changes - quantities, units, unit prices, change in completion schedule, etc. Decrease in contract price I See attached "Description of Change" R,-, E J, lt�, A Change in contract price due to this Change Order: Total decrease XXXXXXXXXXXXXX Total Increase xxxxxxxx xxxxx S d,UUU Difference between Col. (3) and (4) S $ U Not (increase) (Jeoresse) contract price S 8.60U. The am of S 8.000 is herablykidded 10) ("41"kei the total- contract price, a�d the cnn nn Peolm No. 07-51-20074 consfact No. )USTIFICATION FOR CHANGE chaftse Order No. 1. Necessity lot, chanse: Overflow -from float plane basin flows down "Construct Fence" line past tank. This heavy spring runoff may raise the water table at the pump house -land might cause flooding of the pump house. This change will carry most or all float plane basin overflow down the deep drainage channel and safely past the pump house. C3 Yea (1314o 3. Will proposed chanSe alter the physical size of the project? Oyes MNO olves." explain. 4. Effect of this chonSe on other ptim contractors: None L Has consent of surety been obtained? C3 Yes M3 Not necessary C3 Yes 6. Will this change &(feet exPlIatiou Of extent Of insurance coverage? IK3 No If "Yes," will the policies be extended? E3 Yes rJ no 7. Effect on operation and maintenance costel llpducps ri.-;k4nf floodino of -numo houqP an&.rPq0Mnn PvnPnQ4wP ranalre M T_ - - -- - _ -_ - -M 6 Item 2. 3. 4. S. 6. 7. a. 9. 10. 11. 12. Chanqe Order No. 5 EDA Project No. 07-51-20074 Description of Change Excavate and salvage 160 feet of 24" standard weight steel pipe from the abandoned fire pond intake pipe. Furnish and install 1 - 4" x 61 x 61 steel seepage cutoff plate on 24" steel pipd by welding %'I both sides all around. Fabricate by welding I - 90'* x 2 joint mitered elbow in the 2411 pipe. Round edges by grinding. Coat exterior bare metal of pipe with 2 coats Bitumastic 50 or equivalent asphaltic corrosion protection coating. Shut drain valve from float plane basin into first fire pond. Open drain valve from second to third fire pond. Trench through dike between first and second fire pond. Install float plane basin overflow outlet pipe with short leg vertical and upstream and long leg horizontal and on the centerline of the fire ponds as staked. Backfill and compact around and over pipe with water and vibratory compactors to 95%. Excavate dike between second and third fire pond down t;o grade of bottom and sides of adjacent fire ponds. Dispose of excess material in designated disposal areas. Increase thickness of dike between first and second fire ponds to angle of repose from ends of horizontal section of pipe to i�ad grade along sides of fire ponds. Furnish and install 2"+x 61L well -graded cobblestone r1prap 11 deep x 201 wide x 7601 along centerline, of drainage channel bottom. Excavate dike between float plane basin and first fire pond down to grade of adjacent fire pond and basin bottom and sides. I It t__ 4 T- _- - -_ - '_ - - - -'J ROCKFORD CORPORATION 8244 HUCKLEBERRY STREET Change Wer %a. ANCHORAGE, ALASKA 99502 6 You are hereby requested to comply with the following changes from the contract plans and specifications: Item Description of changes - quantities. units, Decrease in Increase in No. unit prices, change in completion schedule. etc. contract price contract price r is) (4) Furnish and install 230 KW skid -mounted diesel generator set in weather housing on concrete slab footing with fuel tank, beside pump house, as shown and specified. 2 Furnish and install 460 volt, 600 amp automatic transfer switch In pump house, as shown and specified. 3 Increase transformer capacity. conductor ampacity and main disconnect'size at pump house, as shown and specified. pn km:w ChapSe In contract price due to this Change Order: Total decrease S XXXXXXXXXXXXXX' Total increase _xxxxxxxxxxxxxx $ J Difference between Col. (3) and (4) IS 59-QOO Hot (increase) (dleazzaaa) contract price A Is .000 .9 Via sum of $ 596000 Is hereby (added to) (Milmed1mb) the total contract price, and the wW adjusted contract price to date thereby Is S 758-000 The time provided fat completion In the contract is (urichaa&nd) (increased) (docesastJ� by '111 calendat days. This document shall become an amendment to the contract anj all provisions of the contract will apply hateto. Recommended by 12 =Rim P101#41 fig. 07-51-20014 C04116ce No. JUSTIFICATION FOR CHANGE chonS4 Older IWO. 6 I. Necessity tot change: Standby power is essential to continue wa'ter supply from the 3,000,000 gallon steel water tank during frequent power outages at Kenai. The ISO fire risk rating system places heavy emphasis on reliability of water supply to fight fires. This requirement extends to reliable equipment in pumping facilities (electric motors) and reliable power to operate pumps (diesel auxiliary power unit & automatic transfer switching). Kenai needs this power unit to insure reliable power at the pump house of the new 3.000,000 gallon water tank in order to regain a Class 5 fire insurance rating. L to proposed change an alternate bid? A Will proposed change alter the physical size of the project? of oov.. to L73 Yet M] No E3YVS MHO 4. Effect of this change on other prime contractors: None So Has consent of surety been obtained? E3 Yes Ln. Not necessary 6. Will ibis change affect expitagion of extent of lnsurar�ce coverage? E3 Yes No It "Yes," will the policies be extended? E3 Yes No 7. Effect an operation and maintenance cons: 0 �eratlon and maintenance costs will Increase due to requiremints of diesel auxi lary power upit. However fire insurance.rating will be improved, and Vis 13 a I IL P - W SPECIAL NOTE The skid -mounted diesel auxiliary power unit could be moved by trailer to either well house, the airfield lighting system or other critical location in an extended power emergency. In this connection, I would design heavier oilfield -type skids with a fuel transfer tank between the skids. A tilting flatbed trailer would be the best type of trailer to move the proposed auxiliary power unit. A hand or power winch at the forward end of the trailer would be desirable to skid the amiliary power unit up on the trailer. The auxiliary power unit Is fixed property, which would be boitea down to the concrete slab footing, but with quick release clamping washers to engage the flanges of the skids. I doubt that there would be any objection to temporary relocation In a serious emergency. 0- I J W SPECIAL NOTE The skid -mounted diesel auxiliary power unit could be moved by trailer to either well house, the airfield lighting system or other critical location in an extended power emergency. In this connection, I would design heavier oilfield -type skids with a fuel transfer tank between the skids. A tilting flatbed trailer would be the best type of trailer to move the proposed auxiliary power unit. A hand or power winch at the forward end of the trailer would be desirable to skid the amiliary power unit up on the trailer. The auxiliary power unit Is fixed property, which would be boitea down to the concrete slab footing, but with quick release clamping washers to engage the flanges of the skids. I doubt that there would be any objection to temporary relocation In a serious emergency. 0- I UA-,. #I 4W -r-1 J UA-,. #I 4W -r-1 continuous standby generotor set SUSTAINED SHORT CIRCUIT PROTECTION. Generator will not collapse. Sustains high short circuit current for selective tripping of normal sized branch circuit breakers. FAST RESPONSE TO LOAD CHANGES. Kohler -patented voltage regulation system pro- vides full power to the main generator field within .05 seconds or Ifts. Voltage dip on most 3-phase models, no food to specIfied load, to less than 15%. SAFEGUARD BREAKER. To prevent overloads, Kohler provides an AC line -sensing lime delay circuit breaker as standard generator equip- ment. This breaker protects the generator from Its own high current capability. Sufficient high current output time Is allowed to trip a branch circuit breaker affected by a short. 213110 MUNI ac liquid -cooled diesel • HARMONIC INTONATION. No high frequency spikes In output wave form. • 12 -LEAD RECONNECTIBLE TO COMMON VOLTAGES. • POWER SCANNER# ;,-A LI ds I ght Emitting Diode Monitoring system n service trouble. Shooting. Green light Indicates power is avail. able from the exciter, red light Indicates that power Is reaching the rotor according to lead requiremeft (- Patent Pending.) CONTROLLER — SOLID STATE DECISION MAKER MODEL. Accessories to meet NFPA 78A hospital code. - GENERATOR ENCLOSURE. Servos an junction box, allows Installation of conduit from either side. 24 L - .1 _T a P! tj 'ALj4­' Nj� " 7l. _T a V -��j , 11 nil I I, APPUCMON DATA RATINGS: Aff models are continuous standby rated. Unit will SPECIFICATIONS 60 Hertz so "CIU operate at this rating for the duration of any power outage. OPTIONAL COOUNG SYsTervis --91ESEL ENGINE :1 City Water cooling system with heat exchanger SPECIFICATIONS go "049 so He* Heat exchanger mfgr./model Perfex/C-20 Manufacturer Cummins Exhaust manifold type Connection sizes, Insulated manifold Model UT -8550 water Inlet 10 NPT 'T"w air Intake turbacharged water outlet City IVA" NPT C411nder arrangement water consumption, GPM (LPM)/at OF (0Q (number. inline, V, etc.) 6 In-line 21 (70)/90 (321 Displacement In$ (cms) 855 (14,000) :1 Remote radiator stem :1C Fedex DDV-60 Bars and stroke on. (mm) &S (140) x 6 (152) Exhaust manifold 0a Insulated Compression Falb 14.1.1 Cooling system capacity (Incl. rad. Pbon speed & Ong.) gal. (liter) 22(83) 111,1111111. fmetelsisto.) 11.801)(9-1) I.Mill Total Intel air M ulrement @ 25OF Bearings: mains, number 7 rise CFM (MIlmin.) 4400 (125) Oslo (108) connecting rods, number Connection sizes Rated RPM 11,0010 140 engine; water Inlet In. (mm) 126 Ulm horsepower at raw RPM HP 355 M (220) engine; water outlet In, (mm) tank 2.25 r5SI JKW) (M) top (Intel) In. T ON T BMFP at rated KW. bottom tank (Outlet) in. 3 NPT standby psi r9pall pe 183(1262) NQ SYSTEM ACC1191601:11118 am 1111811111411 OHV— cast Iron :3 Block heater —2500 waltil 120 volt AC. Connecting rod type C1 Radiator duct flange. Remote radiator — orm material forged steel 0 vertical mount with ON" type and molto * list cam ground aluminum 3 phoss, 60 cycle motor DOV-60. Crankshaft material forged steel MIN- SYSIT13111 Volvn, materiel stallite faced Fuel su Oply line, Governor, make/modof repletion % frequency Berber Coleman/Dynalil min. In. (mm) Fuel return line, fill In. AD (13) no load to full load Isochronous min. (mm) Mim Oft driven .50 (13) SlOddy mate regulation of engine fuel % *70 frequency *04% Pump (m) 60.8) Diesel fuel recommended No. 2 ENGINE COOLING SYSTEM Fuel all Offers 2 (primary & secondary) Ino 'glot water A M y (litod 509) FUEL SYSTEM ACCESSORIES (24 volt). .001. Mtn c Joe keg Water flow no*I A &08110 fuel I r tank with PM (LPM) Reid ralopled to col 120(455) 100(370) (120 volt AC motor). Ion fuel transfer tank with water "out fan) pump (ift volt AC motor). 01 rated KW— dly fall. BTUI"C. (K" 16807711 161(160) 11 COO-81114PTION (TYPICAL) walor pump ty" ftdhftr system an 0 contritualm IC0% Ind goll/hr. (liter/hr.) 15.4 (511) Inal. onine) gel. I Inlet off u On 2100012) 117.8011) 76% Mo -gal./hr. (Illarl 14(53) 50% load 11.6(44) CFU 001min. Fan, bledu (504) I 1hr. (Ifter1hr.) ION 21116" load 8.3(32) dI& In. (mm) - 64 (W) 981.1hr. (liter/hr.) SJ23) 60 HERTZ MODELS Cl U11 me") Voltage Phase Ampere Standby KWIKIAA 230ROZOI 12D/940 3 692 230/287.5 MROZ51 240 3 692 230/287.5 93DROZY1 2"/480 3 me M/207.5 MR0281 120M 3 no M/287.5 23OR0291 347/600 3 210.5 175/21&76 Vily water cooled 3 235/203.75 50 HERTZ MODELS 2WFIFOZOI 120/243 a 670 10/237.6 23ORFOZ?l 920/380 3 361 190/237.5 23ORFOZBI 120/208 3 Goo 100/237.5 "City water cooled 3 195/243.75 Note: 3 phose units are rated at 0.0 power factor. Derale 4% per 100 0, (305 m) above 5000 ft. (1500 m) elevation. *CRY Wolof cooled faungs also apply to remole radiator cooling syster'l. T A -r" ;A ;f t /' __V 11 CITY NANAGER'S REPORT #13-78 (July 5, 1978) PUBLIC HEARINGS 1. Ordinance No. 411-78 - Kenai Fire Code We believe that the questions raised by Councilman Ambarian have been discussed with the Fire Chief and City Attorney and the changes as proposed will meet those objections raised by Councilman Ambarian. 2. Ordinance No. 416-78 - Establishinq Recreation Committee for City of Kenai This was amended to eliminate the time of residency requirement. That was the only change from the original ordinance. 3. Ordinance No. 417-78 - Establishinq 1978-79 Budqet for Senior Citizens Title III Proqram 4. Ordinance No. 418-78 - Declarina Fuel Trailer Surplus and Authorizinq its Sale 11or $10.000 This Is the fuel trailer which Jim Doyle has requested to purchase. 5. Transfer of Liquor License from Pizza Paradisos CORRESPONCENCE 6. Kenai Garden Club - Requestinq Permission to Park Recreational Vehicles on the I -AA Grounds The re uest is made for some time in the future and is normally reviewed by the councit 7. Arctic Aviation - Requestinq Fencinq at South End of Airport This request is made for'security reasons. When this was first mentioned, I was under the impression that they would-be asking for fencing that was available to the City which they would put up. They do have a problem when you consider their tie -down area. However, the City cannot, by Its own initiative, block the access to that land from the road. We do have fencing available as a result of the water storage tank being installed. Some of the posts are not usable due to damage incurred when removed. However# I would have no objection to allowing Arctic to use the fence material which we have to establish as they desire to protect their Airport property. The fencing material should be made available by the City at no cost, but additional cost for materials or Installation should be borne by the company requesting the service. S. Department of Community and Reqional Affairs - Denial of CEIP Grant Application for Reveqetation of the Bluff My feelings are that there are some problems in revegetating the bluff; however, I believe the comments are too pointed and have only referred to a small portion t'I.IIII)of the bluff Inasmuch as we have the bluff running from the north end of the City on the Inlet all the way to the FAA grounds on the Kenai River which needs protection. I am inclined to believe that the adverse comments were generated more out of self interest than the viability of the project. The agency which objected is also competing for the funds in this particular category. However, I do not feel that we can really support an appeal to the State. We simply do not have sufficient background data. OLD BUSINESS 9. Resolution No. 78-98 - Establishino Requlations and Updatinq Rates for Fort Kenay Attached to the resolution is a letter received from Pat Porter relating to the kitchen problem. Pat will be present at the Council meeting to discuss any other questions that may arise relative to this proposed resolution. 10. Lease of City -owned Lands: Tom Ackerly and Pat O'Connell The lease has been updated. The drawing showing the easement for a driveway access is not available at this time. It is being prepared by thier, surveyors and will be available at the Council meeting Wednesday night. Mr. O'Connell has not reviewed the revised lease. Apparently he is out fishing and is unavailable. We had his signature on the lease prior to incorporation of the items contained in the requested addendum into the lease. Therefore, his previous signature should be an indication of his desire to proceed. Il. Requisitions Exceedinq $500 This is in accordance with the City Code. NEW BUSINESS 12. Ordinance No. 419-78 - Introduction This ordinance will update penalties imposed by the City Code and, In particular, we want to delete the reference to Incarceration because the penalty Is not available to be properly executed and could cause some problems. 13. Ordinance No. 420 - 78 - Introduction This is a proposed ordinance to regulate mobile food vendor operations and has been prepared for your review by the City Attorney. 14. Resolution No. 104-78 This resolution will award the contract for radio maintenance to Motorola Communi- cations who, by far, submitted the best bid. We recommend its approval. 16. Resolution No. 105-78 There is a memorandum attached to this resolution regarding the Jahrig property and asking for the Council to set a date for public hearing relative to the alleged public nuisance. I 0 F L a 16. Resolution No. 106-78 In this resolution we are requesting rezoning of Kaknu Korners Subdivision from rural residential to suburban residential. The area was actually platted as being zoned suburban residential relative to lot size due to the availability of water and sewer. However, we have never gone through the formal steps to have it rezoned. A property owner has requested that his three lots be rezoned. Rezoning of his three lots would not be acceptable in that this would be spot zoning. Since water and sewer are available and the property Is platted as suburban residential, it is the Administration's recommendation that the Council take action to have the subdivision rezoned. 17. Resolution No. 112-78 This resolution is relative to an offer of an additional $1,000 for our sewer facility plan Step I Study. This relates to additional work done for smoke testing which, while the Department of Environmental Conservation agreed to fund the project, they did not want to process the paperwork until after the project was completed. They have, therefore, made this grant offer at this time. 18. Resolution No. 113-78 This resolution would authorize a transfer of funds within the 1977-78 budget which was approved by telephone poll prior to the end of the fiscal year. This is a confirming resolution. 19. Lease of Airport Lands - Peninsula Diesel Service (Glen Henry and Gerald BrowninaL This lease will give them considerable lands on Trading Bay running from behind Yukon Office Supply to Sealand. There are actually two separate leases. This is the second lease. - 20. Lease of Airport Lands - James E. Carter This land is adjacent to the Soapy Beaver Car Wash and would be in adjunct to that property. 21. Lease of Airport Lands - Walter Church This Is for the lot at the corner of Main and Willow Streets. It is my understanding that Mr. Church wishes to install a bowling alley there. 22. Lease of Citv-Owned Lands - R. L. Roper d/b/a Marine Products Sales and Service The final lease application was presented to the Planning Commission last week and was approved. -23. Renewal of Terminal Lease - Avis Rent-A-Car 24. Assiqment of Lease - Teamsters Local 959 to Alaska Mutual SavinqS Bank 26. Based on the letter included in your packet, we are asking for surveying and platting of Airport lands for lease to Arctic Aviation for tie -down space. This is the area that is within the Airport proper and across the taxiway from Arctic, which now has no viable use. The area needs to be looked at carefully to insure that it does not effect our snow IL removal operation. We do need authority to do any surveying, platting and appraisal. I—, . . 26. Request for Payment - Project Manaqers Alaska This request for payment is for inspection of various City projects. At this time we are in a difficul-t situation in that we do not have their firm approved by EDA as the coordinator/inspector. I would recommend approval of the payment contingent upon submittal of necessary data from Project Managers for submittal to EDA. 27. insurance - Float Plane Basin Included in your packet is a letter received from Emery Inlet Insurance Agency indicating that at this time the Float Plane Basin is not covered by insurance.and that we have a tremendous liability relative to that activity. For coverage consistent with other Airport activities, there is a pranium of approximately $ll,500. If it is felt that the City cannot afford the $1,500 then the float plane basin should be closed. 28. Selection of Water and Sewer Enqineerinq Projects You hai" a memorandum relative to a Planning and Zoning Commission meeting recommending proposed water and sewer engineering projects. We would like to have a decision made as to what projects are to be engineered by the City utilizing $160,000 in CEIP funds. If the Council would approve these or modify this list, we will be able to solicit proposals for the work. Before any contracts are awarded, it will be brought back to the Council for confirmation. 29. ReQuest for Payment - Harold Galliett D This request for payment is for final enginebring work on the Water Well Project. 30. Reauest for Periodic Payment - Rockford Corporation 31. Discussion: Chan4e orders on Kenai Water Tank ProJect, We have several change orders which we believe we can have approved at this meeting, one dealing with some additional welding and the second dealing with the final billing of the HEA line that had to be relocated. There is a third dealing with extension of a safety ladder and a fourth dealing with the overflow from the existing float plane basin Into the old reservoir area to avoid flooding the Birch Street area, Two others that will be included in your packet and that we will not be asking for action on are relative to the pump house pumps and providing power to those pumps. I have questions relative to swe of the work and I am not entirely certain that it is desirable to have a diesel generator. I really do not know why we must replace the gas pumps. 32. Gas and Oil Leases - Union Oil, which Wihave received a request for gas and oil leases from Union Oil Corporation Is forming a unit exploration area called the Cannery Loop Unit, which encompasses essentially the entire City of Kenai. The several leases are for City -owned land obtained through foreclosure to which we have the oil -and gas rights. The City Attorney I is researching the entire program to determine whether or not and how th s project will benefit the City. Wo are also trying to obtain information as to where they actually expect to erect their, drill rig. Of course, it will have no small consequence to the Jity. The value to the City in terms of cash may be up to $250.00+. We have not tabulated the individual lease values, but we are apparently tieing pressured by Union Oil to consumate the leases so that they can form the unit and conience, drilling. 3 0 Do 7- — - - - _ __ -19 33. Airport Drivewav Loop ProJect Not included in the packet# but as discussed with the Council and the Planning Commission, we desire to have some fencing done on the Airport Loop parking lot and the Council, by Informal poll following the special meeting Thursday. did approve the issuance of a change order, We will attempt to have that change order formalized for the Airport Driveway Loop and point out the program cost overruns to do the additional paving we are requesting. 34. Addition to Water and Sewer Projjct I am also requesting the engineers to prepare a change order for the addition of four hydrants to the system to be Included in Doyle's contract. If we can have the data available for this meeting, It will be presented during my report. Otherwise, it may have to be delayed for an additional two weeks. 35. Street Sweepina ProJect Street sweeping will begin Saturday, July 1,, and hopefully will be completed by the Sth prior to the meeting. If any streets are missed, -we will attempt to go back and pick them up at a later time. HAVE A HAPPY FOURTH OF JULY. June 29, 1978 M E M 0 CITY OF KENAI ""Od Oap4&1 4 4""' F. 0. BOX WO MAI, AASKA 99611 fulpHo"I 293 - 7636 TO: John Wise, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: Public Works Report for City Council Meetings of June 21st and July Sth. EDA WATER WELL PROJECT NO. 07-01-01684 This project is a 100S complete. The final inspection has been made . The list of deficiencies has been corrected and the release of claims from all contractors and material vendors have been -obtained. -Final Payment -has -been made. -We are presently -experiencing a small problem in the new well with one of the distribution pumps. State Mechanical will be working on this pump under their guarranty tomorrow morning. THREE MILLION GALLON WATER STORAGE TANK, EDA PROJECT 007-51-20074 Rockford Corporation has been moving at a very fast pace on this project. The tank erection is essentially 100% complete now and ready for sand blasting and painting. The paint contractor has arrived on the job and is.setting up their equipment for sand blasting. The project seems to be going at a good smooth pace. WATER AND SEWER LINE IMPROVEMENTS. EDA PROJECT NO. 07-51-26966 The contractor, Doyle Excavating and Construction has most of the work complete at this time They have submitted Pay Estimate No. 1 for the Counci2lo approval: There is a considerable amount of clean-up and final finish work that still needs to be done. ' 1 -977 -STREET IMPROVEMENTS KAKNU WAY FOREST STREET. WALKER LANE, 16UVINB AND ULAL, 90A F;6ibu Nu. U')-bl-26995 Lilac Street. The surVOYOTs are going back and blue topping the street so tnat we will have cross sections revealing where the original ground was, where the final finish grade should be and what the actual grade is at this time. 6 0 . .-V �7 John Wise June 29, 1978 Page Two 7 Forest Street. This street is coming along quite nicely. Gravel is being spread, graded and rolled from Forest Drive west. Kaknu Way. Work is continuing on Kaknu Way with the road and ditch excavation east of Linwood Street. The contractor is within 1/2 foot of the approximate excavation limits at this time. The gas company has been working with the contractor in an effort to see where conflicts may arise between excavation and the gas line. Walker Lane. There is still considerable amount of work to be done on waixer Lane before final. 1977 STREET IMPROVEMENTS, REDOUBT WAY, EDA PROJECT NO. 07-51-2696S The surveyors have blue topped and stacked the curb and gutter today. Plans are to start the curb and gutter crews tomorrow on Redoubt Way. Sub base is essentially up to grade. 1977 STREET IMPROVEMENTS, AIRPORT LOOP PROJECT, EDA PROJECT #07 -Sl - Z6997 The Contractor has completed the storm drain through the parking lots and out to the creek. He has also started excavation on the .airport loop and p-1-ans on having the.curb and gutter crew in working this weekend. SEVER TREATMENT PLANT The Sewer Treatment Plant has once again been in compliance with the EPA specifications. The plant is running very good at this time. There was a Problem with the clean-out plug being removed from the Kenai Sewer Treatment Plant outfall line which was brought to our attention on June 7, 1978 and was immediately corrected. A report to the different federal and state agencies dated June 13, 1978 offers a complete explanation. One of the operators In the plant has been on vacation this past month but since his return, we have plans to start cleaning the second aeration basin. ITEMS OF INTEREST .Leroy Anderson will be starting his street sweeping program throughout all the paved streets in Kenai on July 1, 1978 to July S, 1978. Bids -on the buildings that the Council has declared surplus were received on June 21st until 2:00 p.m. There was actually only one bid that was responsive for selling of the old Sewer Treatment Plant. R- Lee Seafoods bid $3,600.00 for the building and related materials and equipment. There was one other bid but I feel it was nonresponsive In that we asked for bids for payment of materials and this bid came In asking for $10,000 to be paid to their company for removal of the building. I recommend that we accept the $3,600.00 bid of R -Lee Seafoods and have written a resolution that will before the Council at their A- 0 John Wise June 29, 1978 Page Three next meeting. The other surplus building was for the shallow well located next to the airport which would include the materials and equipment in that building and also the materials and equipment in the building in the old shallow well building behind the Junior high school. We received only one bid on the old shallow well building materials and related equipment which was only $650.00 from the Port of Kenai. I feel that the hydromatic tanks, equipment, materials and building is worth considerably more than that. I have therefore drawn up a resolution that will be presented to the Council at the next meeting asking that all bids be rejected. It would be desirable to move this shallow well building from its present location to the City yard to be used by our City crews. At the time this resolution is brought up asking that all the bids be -rejected r Ian on asking the Council for provision to move the building inio t9e City yard. If permission is granted, we will use the CitY crews to the fullest extent possible. There will be other expenses involved in moving this building and it is suggested by the Public Works Department that the $3,600 that the City will receive from selling the old sewer treatment plant be set aside for costs brought about in moving this building and setting it up again. The City crew can do a lot of the work salvaging the materials and equipment at the site and appraised price can be set on the miscellaneous items and sold for additional monies to cover these expenses. Machinery Drill and Steel Company and the Flygt representative out of San Francisco did a complete survey of our lift stations inthe City of Kenai. They have come up with an estimate of approximately $27,000 for materials only in renovating all of the lift stations. This.would essentially give us the same equipment in all the lift stations amounting to two five horsepower Flygt submersible pumps, one now duplex control panelt two ball and check valves and two gate valves. The Flygt representative stated that some of our pumps that we are presently using are over eight years old in that his company has not been manufacturing some of these particular models for the last eight years. The Department of Public Works has touched based with the Flygt representative in an effort to lay the ground work for the badly needed:renovation of our lift stations. I am in hope that the Adhoc committee that discussed alle ating $SO,000 to the renovation of the lift stations will.direct the Cfty Administration to continue to seek the necessary funds to start this program. A telegram was sent to Taylor Realty, theowner and developer of Deepwood Park concerning the curb and gutter that was recently installed In their subdivision. One day by accident, I happened to notice that the curb and gutter had been installed in Deepwood Park. After further investigation, I found that the curb and gutter was very irregular and in many places less than half scale then the drawings that were approved by the City. The curb and gutter had been cracking and breaking in many areas, especially in areas where it was thinner then normal. T 0 John Wise June 29, 1978 Page Four Shortly after that time, I sent a telegram that stated that the City would not accept the curb and gutter. Because of a shortage in personnel, the Public Works Department fools that it is possible other instances of construction that does not meet the specifications are occuring throughout the City and possibly going on undetected. I received from the City of Anchorage their specifications for topo raphic mapping. At the resent time I am going through their specifications; some that we Kave obtainei from CH2M Hill and some that we have obtained from the State Department of Highways in an effort to consolidate and develop our own specifications that we feel would be applicable for this area. Hopefully this project can at least be photographed this fall. There was a construction meeting on June 15 and 16 concerning 1977 street Improvement projects. Those in attendance included City of Kenai, Homer Electric Kenai Utility Servicet Project Managers Alaska, Brown Constructiong WLnce-Corthell and the Adhoc Committee for the Council. Many Problem areas were discussed and individual projects were discussed concerning the utility line relocations. Some more work is being done on the arctic doors construction grant. There has been some revisions to the grant application after discussion with EDA. On Friday, June 23rd, I spent a considerable amouni of time talking to Mike Gill with EDA in Seattle. The discussion centered around project over runs, change orders, performance reportst minority reports and project inspection. Public Works crews have been very busy lately. We have a new street crew maintenance worker that has replaced an individual who left for a better paying job. On July Stho we have anothor street maintenance worker that will be startino who will be replacing an individual who has transferred to Water and Sewer service. An individual in Water and Sewer has quit and moving out of the area. Because of the lack of time, I will not go into the many items that the public works crews have been engaged in lately but, these reports are available for any comments or review. KK/nls A CITY OF KENAI ORDINANCE NO. 411-78 T- — AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING CHAPTER EIGHT (NOW REFERRED TO AS TITLE EIGIIT) OF THE KENAI CODE TO UPDATE STANDARDS ADOPTED AND TO DELETE IMPRISONMENT AS A FORM OF PUNISHMENT FOR VIOLATION COMMITTED UNDER THIS TITLE, AS AMENDED. WHEREAS, the National Fire Code now has 16 volumes and was updated in 1976 and published in 1977. Therefore, it is imperative the City incorporate these updated volumes Into the City Code; WHEREAS, the Fire Protection Handbook is merely a working manual on the National Fire Code and is not an enforcement tool; therefore, there to no need to have this handbook in the City Code and should, thus, be deleted; WHEREAS. the Uniform Building Code, 1976 Edition, has been Incorporated Into Title IV (Uniform Building Code) of the Kenai City Code; therefore, it is expedi- ent to update Title VIII (Fire Code) of the City Code; WHEREAS, it to an unnecessary expense for the City Clerk to have a copy of all 16 volumes of National Fire Codes and the Uniform Building Code of 1976 Edition. It is, therefore. advisable for these volumes to be on file in the Fire Chief's Office, Public Sately Building; WHEREAS , it is necossary for the City to have the current 1978 Edition of the Uniform Fire Code and the 1977 Edition of the National Fire Code for enforcement procedures and inspections, and these updated volumes should be incorporated into the City Code " fully as if set out verbatim herein; and, WHEREAS, the City of Kenai is obligated to incur the cost of a jury trial and public defender when prosecuting a violation for a carcerable offense, it is advisable to delete the imprisonment provisions in the Penalties section, Section 8.05.150. BE IT ORDARiED by the Council of the City of Kenal, that the Code of the City of Kenai is hereby amended in its entirety as attached hereto. VINCENT OIRSILLY, Mayor ATTEST: 0 Bus Peter, City Clerk FIRST READING: June 7, 1978 SECOND READING: June 21,1978 - Tabled THIRD READING: July 5, 1979 EFFECTIVE DATE: August 5 , 1978 6/2V78 r 0 a -N cbmter: I 05 Fire Prevention TITLE Vill FIRE CODE 9.05.010 Adoption of Fire Prevention Standard 1. -The Vftyhemby -adoptethe following fire previntion Standards: a. The NATIONAL FIRE CODES of 16 volumes, 1977 Edition, of the National Fire Protection Association-, b. Thd Uniform Building Code, 1976 Edition. as published by the International Conference of Building Officials-, a. That certain bound volume known as the Uniform Fire Code of 1970, except for such portions as are hereinafter deleted , modi- fied , or onended; and the same are hereby adopted and incorp- orated as fully as it set out verbatim herein. At least one (1) copy of the above codes has been acquired and to Wed for record with the Fire Chid. Said codes are available for inspec- tion in the Office of the Fire Chief, Public Safety Building. ANENDED PAGE 6/28/78 Chapter S. Fire Prevention 8.06.010 Adoption of Fire Prevention Standard 8.05.020 Fire Department to Enforce Fire Prevention Standards 0.05-030 Definitions 8.05.040 Bureau of Fire Prevention Established 8.05.050 Duties of Inspector 8.05.060 Initiation of Fire Investigations 8.05.070 Dangerous Materials 8.0S.080 Inspection of Hazardous Substances 8.05.090 Routine Inspecdons 9.05.100 Inspections on Request 8.05,110 Entry for Inspections Authorized 8.05.120 Racords Required 8.05.130 Annual Report 0.05.140 Penalties 9.05.010 Adoption of Fire Prevention Standard 1. -The Vftyhemby -adoptethe following fire previntion Standards: a. The NATIONAL FIRE CODES of 16 volumes, 1977 Edition, of the National Fire Protection Association-, b. Thd Uniform Building Code, 1976 Edition. as published by the International Conference of Building Officials-, a. That certain bound volume known as the Uniform Fire Code of 1970, except for such portions as are hereinafter deleted , modi- fied , or onended; and the same are hereby adopted and incorp- orated as fully as it set out verbatim herein. At least one (1) copy of the above codes has been acquired and to Wed for record with the Fire Chid. Said codes are available for inspec- tion in the Office of the Fire Chief, Public Safety Building. ANENDED PAGE 6/28/78 8.05.020 8.05.030 0,05.040 Fire Department to Enforce Fire Prevention Standards The Standards adopted hereby shall be enforced by the agency Aesignated as Fire Deparbnent for the City Definitions 2s-.%.2. &_ &t. -I &4&2- .0 *Ik_ tr -4 tv A - Opp a WA a %P aw W. 1. "Municipality" whenever used In any of the code or codes adopted hereby shall be the City of Kenai, Alaska. 2. "Corporation Counsel" as used in any code or codes adopted hereby shall mean the City Attorney of the City of Kenai. 3. "Chief of the Fire Department" shall be that individual who has been employed by the City of Kenai as the officer in charge of such agency as may set as the fire department of the City of Kenai. The "Chief of the Fire Department" may also be refer- red to from time to time as "Fire Chid". 4. "Fire Department" shall be such agency or non-profit corp- oration or volunteer (ire department as may be variously 'known,as,tho Komi Tire -Repartment,or -Kenai VoluMeer Fire Department, or such comparable agency designated by the City of Kenai to act as its agency to suppress. control and prevent fires or fire hazards with the City. 5. "Bureau of Fire Prevention" is a division or section of the Fire Department for the City of Kenai which, by inspection and citation, insists on standards professionally established to prevent or minimize fires or fire hazards. 8. "Chid Inspector" is an officer of the Fire Department assigned to head the Bureau of Fire Prevention and responsible for carx7ing out the functions of the said department relating to prevention of fires as specified In this code. Bureau of Fire Prevention Established A Bureau of Fire Prevention for tho Fire Department of the city of Kenai is hereby established. The Fire Chief shall designate an officer and such number of assistants as required to operate as. me Bureau Of Fire Prevention. 0.05.050 Duties of Inspector The officers of the Bureau of Fire Prevention shall enforce all laws and ordinances of the State and City for: 1. The prevention of fires; 2. The storage and use of explosives and flawmables-0 3. The installation and maintenance of automatic and other fire alarm systems, and fire extinguisher equipment; 4. The maintenance and regulation of fire escapes; S. The means and adequacy of exit in case of fire from factories, schools, hotels, lodging houses , asylums, hospitals, churches, halls, theaters, amphitheaters, and all other places in which numbers of persons work, live# or congregate from time to time for any purpose; 0. The Investigation of the cause, origin, and circumstances of fires; and 7. Such other regulations or duties as may be directed from time to time by low or the Fire Chief. 8.06.000 Initiation of Fire Investigations The Bureau of Fire Prevention shall investigate the cause, origin and circumstances of every fire occurring in the City by which property has been destroyed or damaged, and so far at possible shall determine whether the fire is the result of carelessness or design. Buch investigations shall begin immed- isteW upon the occurrence of such a fire, and 9 it appears to Up officer making an investigation that such fire Is of suspic- tous origin o the Fire Chid shall be immediately notified of the fact. The Fire Chief shall take charge of the physical evidence, shall notify the other authorities with concurrent jurisdiction to pursue the investigation of such matters# and shall cooperate with other such authorities In the collection of evidence and in the prosecution of the am. Every fire shall be recorded in writing by the Bureau of Fire Prevention not later then two days after the occurr of the same. Such report or record shall contain a statement of all facts relating to the, cause , origin and aircum, slances of such fire, the extent of the damage thereof# and the insurance upon such property# and such other Information as may be required. r V 11 8.05.070 Dangerous Materials Before licenses may be issued for the keeping storage, use, manu- facture, sale, handling, transportation, or other disposition of highly flammable material and rubbish, crude petroleum or any of its products,, gum or blasting power, crackers, and signaling ex- plosives, the Fire Chief or the Chief Inspector or his assistants shall inspect and approve the receptacles, vehicles, buildings, or storage places to be used for any such purposes. 8.05.080 Inspection of Hazardous Substances Not less than once per year or oftener as required. the Fire Pre- vention Bureau shall inspect all specifically hazardous manufact- uring processes, storages, or installations of acetylene or other gases, chemicals, oils, explosives and flammable materials, all interior fire alarms and automatic sprinkler systems, and such other hazards or appliances as the Fire Chief shall designate, and shall make orders as may be necessary for the enforcement of the laws and ordinances governing the same and for safeguard - Ing of life and property from fire. 8.05.090 Routine Inspections 1. The Fire Chief shaU inspect or cause to be inspected, as often as may be necessary, residentially zoned districts and once per year in areas zoned for commercial or other high density uses in Me closely built portions of the City all buildings. premises, and public thoroughfares, except the interiors of private dwellings , for the purpose of ascertaining and caus- ing to be corrected any conditions liable to cause fire or any violations of the provisions or intent of any ordinance or regu- lations of the City related to fire hazards. 2. Whenever any inspector shall find in any building or upon any promises or other place combustible or explosive matter or dangerous accumulations of rubbish or unnecessary accumu- lation of waste paper, boxes; shavings, or any highly flam- mable materials especially gable to fire, and which is so sit- uated as to endanger property, or shall find obstructions to or on fire escapes o stairs, passageways, doors or windows gable to intefere with the operations of the Fire Department or egress of occupants in case of fire, he shall order the same to be removed or remedied, and such order shall forthwith be com- plied with by the owner or occupant of such premises or buildings , subject to appeal within twenty-four hours to the Fire Chid, as provided in Section S. 05. 100 of this code. I I 9.05.090 Routine Inspections (continued) S. The service of any such order may be made upon the occupant of premises to whom it is directed, either by delivering a copy of same to such occupant personally or by delivering the same to and leaving it with any person in charge of the promises, or in case no such person Is found upon the premises, by affix - Ing a copy thereof in a conspicuous place on the said premises. Whenever it may be necessary to serve such an order upon the owner of promises, such order may be served either by delivering to and leaving with said person a copy of said order, or, if such owner is absent from the jurisdiction of the officer making the order , by mailing such copy to the owner's last known post office address. 9.05.100 Inspections on Reouest 13 P An officer of the Fire Department upon the complaint of any person or whenever deemed necessary shall inspect all build- ings and promises within its jurisdiction. Whenever any of said officers shall find any building or other structure which, for want of repairs, lack of or insufficient fire escapes, auto- matic or other fire darm apparatus or fire extinguishing equipment or by reason of age or dilapidated condition or from any other cause to espeddly,liable to fire and w1dah is so situ- ated as to endanger other property or the occupants thereof # and whenever such an officer shall find in any building com- bustible or explosive matter or flammable conditions dangerous to the safety of such building or the occupants thereof, he shall order such dangerous conditions or materials to be removed or remedied and such order shall forthwith be complied with by the owner or occupant of such promises or building. If such order in made by the Chief Inspector or any of his Assistant Impactors, such owner or occupant may within twenty-four hours appeal to the Fire Chid, who shall within five days re- view such order and file his decision thereon# and unless by his authority the order is revoked or modified, it shall remain in full force and be complied with within the time fixed in odd order or decision of the Fire Chief. 2. Provided. however, that any such owner or occupant may widft five days after the making or affirming of any such order by the Chief of the Fire Department file a petition with the Superior Court, praying a review of such order. Such r k . J_ 8.05.100 Inspections on Request 2. (continued) parties so appealing to the Superior Court shall file with sold court within two days a bond in an amount to be fixed by the Court, to be approved by the Court, condition- ed to pay all the cost of such appeal in case such appellant fails to sustain his appeal or the same be dismissed for any cause* 8.05.110 Entry for Inspections Authorized The Fire Chief or any member of Bureau of Fire Prevention may, at all reasonable hours , enter any building or premises within his jurisdiction for the purpose of making any Inspection or invest- Iption which. under the provisions of this ordinance, he or they may doom necessary to be made. 8.05.120 26ords',&Wgived - - The Fire Chief shall keep in the office of the Bureau of Fire Pre- vention a record of all fires and of all the facts concerning the same, including statistics as to the extent of such Bros and the damage caused thereby and whether such losses were covered by insurance, and if so, in what amount. Such record shallbe made -1191y -from Us reports made -by the Inspectors under the provisions of this ordinance. All such records shall be public. 8.05.130 Annual Report The mmual report of the Bureau of Fire Prevention shall be made on or before the first day of January and be transmit- ted to the City Manager. It shall contain all proceedings under this ordinance with such statistics as the Fire Chief may wish to include therein. 8.05.140 Penalties 1. Any person . firm 9 or corporation who shall violate any of the provisions of the Fire Preve6tion Code hereby adopted or of this chapter or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of speolfica- tions; or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who shall fail to comply with such an order as affirmed or modified by the City Council or by a court. of competent jurisdiction within the time fixed therein shall severally for each and every such violation and noncompliance respeotively be guilty of a misdemeanor, punishable by a fine of not to exceed One Hundred Dollars ($100. 00). The imposition AMENDED PAGE 6/29/78 ARM 11 0 0 4 8.05.140 Penalties 1. (continued) of one penalty for any violation shall not excuse the vic permit It to continue; and all such persons shall be req correct or remedy such violations or defects within a r Me; and nun not o0wrwase spe fam . each iten days inns pro- hibited conditions are maintained shall constitute a separate offense. 2. The application of the above penalty shall not be held to pro - vent the enforced removal of prohibited conditions. 17 AMEMED PAGE OL CITY OF KENAI ORDINANCE NO. 416-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, AIAM, ESTAB- LISHING A RECREATION COMMISSION OF THE CITY OF KENAI, AND ENACT- ING TITLE 3aX, RECREATION COMMISSION, OF THE KENAI CODE IN ITS ENTIRETY. WHEREAS, it has boom determined that there is a need for a Recreation Commis- sion to plan and correlate development, recreation facilities In the City of Kenai. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kened that Title XIX, Recreation Commission, is hereby eneoW in Its entirety as attached hereto and Incorporated herein by relerence, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA , this 5th day Of itay, 1978. Sue C. Peter# City Clerk VINCENT OIREILLY, MAYOR FIRST READING: June 21, 1978 BECOND READINOt July 5p 1978 EFFECTIVE DATEs. Augget go 1978 '_ -_ - - --N Chapter S. Recreation Comminfilon 19.05.010 Creation, Members, Chairman, Ex-Officlo Members 10.05,020 Duties and Powers , Plans , Recommendations , and Regulations 19.05.036 Terms and Appointments to Vacancies of Commission Members 19.05.040 Qualifteations of Commission Members 19.05.050 Proceedings of Commission, Rules, Open Meetings, Record, Filing 19.05.010 Creation, Members. Chairman, Ex -Officio Members There is hereby created a Kenai Recreation Commission, which shall c=sist 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 mid one Council member elected by the Council as ex -officio members of the Commission and, as consultants , may attend all meetings , but they shall have no vote, 19.05.020 Duties and Powers, Plans, Recommendations. and Reauldlone The Commission shall be required to do the following: 1. Develap# adopt, alter or revise, subject to approval by the City Council , a mentor plan for the physical development of recrea- don facilities for the City. Such master plan with accompanying maps, plalep charts , descriptive and explanatory matter, shall show the Commission's recommendations for the development of the City recreation facility may include, among other things: a. Development of the type, location and sequence of all public recreation fedlitios, b - The relocation . removal# extension or change of use of exist - ins recreation facilities. 2. Submit annually to the City Manager and Council, not lose than ninety days prior to the beginning of the budget year, a list of recommended capital improvement& which in the opinion of the Comodesion are necessary or desirable to be constructed during the forthcoming three-year period. Such list shall be arranged in order of preference, with recommendations as to which proj- ode shall be constructed In which year. 3. Make Investigations regarding my matter related to City rooro- ation. f I - 2 k2 19.05.020 Duties and Powers, Plans, Recommendations, ard Regulations. (cont,d) 4. Make and prepare reports, and plans for approval by the CW Council. 5. Coordinate public efforts, Individual and group, to the effectua- tion of approved plans. S. $hall act in advisory capacity in the selection of a Director of Parks & Recreation. 19.05.030 Terms and Apipointments to Vacancies of commission Members 1. The term of each appointed member of the Commission shell be three years, except initial appointments shall be for abbrev terms so that terms in three years shall be staggered. The terms shall be staggered so that three members shall be appoint- ed every third year and two members shall be appointed In esoh of the other years of every such three-year period. 2. Terms shaU commence an 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. -1946.040 Qualifications of Commission Members No person may serve on the Commission for the City of Kenai who is not a resident of the City of Kenai; and if any member so appointed shall miss three (3) consecutive unexcused regular meetings of the Commission or shall move his residence from the corporate limits of the City of Kenai, then such members shall cease and said appoint- ment shall be null and void. 19.05.050 Proceedings of Commission, Rules, cow Meetinsrs. Record,? Filini!, The Commission shall establish rules of procedure, provided there shall be regularly scheduled monthly meetings of the Commission, which shall be open to the public. Permanent records or minutes shall be kept of the Commission's proceedings and such minutes shall record the vote of each member upon every question. Every decision or finding shall Immedistaly be filed In the office of the City Clerk, and shall be a public record open to inspection by any person. V, 0 to I I- 4 CITY OF KENAI ORDINANCE NO. 48-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI DECLARING THE 1969 CLOUGH FUEL TRAILER SURPLUS AND AUTHORIZING ITS SALE TO JAMES H. DOYLE FOR $10,000. WHEREAS, the 1969 Clough Fuel Traffer is no longer needed by the City, and WHEREAS, Sections 7-39 (2) of the Kenai City Code permits for the ate of surplus equipment without the necessity of competitive bidding, if the subject equipment is sold at a price at least as great as that paid by the City, and WHEREAS, James H. Doyle has offered to purchase odd trailer for *9 sum of $10,000 which Is a price greater thm which it was purchased by the City. NOW, THE FORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI " Mlows: Section It. The 1969 Clough Fuel +railer is hereby declared surplus. Section 21 The 1989 Clough Fuel Troffer shall be sold to James H. Doyle for $10,000 and Me City Manger is hereby authorized to transact such ode. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, tole. VINCENT 01REILLY, MAYOR ATTESTs Sue C. Peter, City Clark FIRST READING: Juni 21, 1078 SECOND READINGt July 5, 1978 EMCTIVE DATE: August 5 t 1979 MY 1, MMOMM, MOM WFAIMMENT OF REVENUE 2ot EAsr OTH, AVENUE ALCOHOLICBEVEMOECOWROLSOAR0 ANCHORAGE, ALASKA 99501 June 26, 1978 Ms. Frances Brymer Borough Clerk Kenai Peninsula Borough Box 850 Soldotnat AK 99669 Door Ms. Orymer: Enclosed Is a copy of an application for transfer of liquor license. RMAURMT: PIZZA PARADISOS; Athenaslos 0. Macheras; Main Street, Kenai; Mail: Box 178,, Kenai. FAN: Kostast Inc.; Some d/b/a and location. Hall: 1103 C Street, Anchorage. You have 30 days In which to protest and submit a statement of Issues for this application. If we do not receive a response from you within 30 days plus 10 days for reasonable mailing timet the Board will assume you have no objection to the Issuance and will take final action on the application. If this Is a now application or change of location* we need to hear from you whether or not population and zoning criteria are met. Very truly yours,, Setty Lt�lh-oon Records and Licensing Supervisor OLC:dg ' Enclosure I k 'I AGENDA SPECIAL MEETING - KENAI CITY COUNCIL JUNE 29, 1978 - 5: 00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGUNCE A. ROLL CALL 9. AGENDA APPROVAL C. NEW BUSINESS 1. Bills to be paid - bills to be rI 2. periodic estimate for partial payment - Doyld's Excavating k C W111M street Water Line 3. Reaclution 78-107, Awarding contract for repair of City of Ke ughting to Inlet Instruments and Controls 4. Resolution 76-108, Authorizing the selling of the Old Sewer Plant and related equipment and materials to R -Lee Seafoods 6. Resolution 70-109, Rejecting all bids fir selling of the Old 61 Buildings, Equipment and Materials 6. Resolution 70-110. Authorizing award of bid for the purchas water Jet Sewer Cleaner 7. Resolution 70-111p Rejecting all bids for interim modiffeatior Sewer Treatment Plant. D. MAYOR a COUNCIL - QUESTIONS AND COMMENTS S. ADJOURNMENT F- 9 FA 1011. L 111-1 - --L 1.1 KENAI CITY COUNCIL - SPECIAL MEETING JUNE 29.1978 - 5: 00 P.M. KENAI PUBLIC SAFETY BUILDING JUNCILMAN EDWARD AMBAR]AN PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present*. Ronald Malston, Phillip Aber, Tom Ackerly and Edward Ambarian Absent: Vincent O'Reilly. Dan Whelm and BeW Glick 8 - AGENDA APPROVAL Approved as distributed. C. NEW SUBINESS C -L, Bills to be vaid - bills to be ratified i NOTIONs Councilman Maldon moved, seconded by Councilman Ackerly, for approval of bills Ao-b9.p4KandbWs Ao -bezatifled-Aw presented this deft by -the Finance Department. CoUncilman AmbArfan questioned the billing for travel of the BuMing inspector to Anchorage and was advised that Mr. Hackney represented the City in Anchorage relative to the Vdhaft Heights Subdivision court proceedings and the State should Mmburse the City for costs incurred. QUESTIONS KOUOU Passed Unanimously by roll call vote. C -2s Periodic Estimate for vartial pavment - Doyle's Excavating Cons1ruction NOTIONs Councilman Ackerly moved, seconded by Councilmen Malston, for approval of paym t on In the amount of $76,854.15 to Doyle's Excavating a Construction Company, Willow Strad Water Line - 77 -WI -A project. Motion passed unanimously by roll call vote. C-3.- Resolution 78-107, Awarding contract for repair of street lighting Councilmen Ambarfan read Resolution No. 78-107 by title only. "A resolution of the' Council of the City of Kenai awarding the contract for the repair of City of Kenai street lighting to Inlet Instruments and Controls." r I -�P' - - --% MINUTES, Page Two M&nON: Councilman Ackerly moved, seconded by Councilman Malston , for adoption of Resolution 78-107, awarding contract (a repair of City street lighting to Inlet Instruments & Controls per their bid proposal dated June 23,1978 and attached to Resolution 78-107 and a part thereof. Public Works Director Keith Kornelis advised that the proposal Included repair of defective street lights 017, 19, 28, 37, 70. 69. a 74) Beaver Loop & Bridge Access; Installation of now poles and fixtures 021, 23); and installation of new pole and fixture 058). The installation of the now poles is a result of damage incurred by three individuals who will be billed accordingly by the City of Kenai. Councilman Ambarian requested that item #0 be corrected to reflect "A minimum charge of 6 houre straight time or 4 hours at time and a half ... 00#00" QUESTION: Motion for adoption passed unanimously by roll call vote. C-4: Resolution 79-108. AuthorlzinF sellinfe of Old Sewer Treatment Plant Councilman Anibarian read Resolution 79-108 by title only. "A resolution authorizing the selling of the old Sewer Treatment Plant and related, equipment and materials to R -Lee Seafoods." 1 099TIONs i 'CouncilmoulAdston moved, seconded by- Councilman Ackerly, for,adqption of Resolution 78-108, selling the Old Sewer Treatment Plant sid related equipment and materials to R -Lee Seafoods for a total of $30600. Motion passed unanimously by roll can vote. C-5: Resolution 79-109. RelectinF all bids for selling of Old Shallow Well Buildbore Councilman Ambarian read Resolution 70-109 by We only. "A resolution rejecting dl bids for selling of the old, shallow well buildings# equipment and materials." MOTIONS Councilman Aber moved# seconded by Councilman Ackerly, for adoption of Resolution SO -100 , rejecting oil bids for selling of old shallow well buildings,, equipment and Materials. City Manager Win dated that the reason for the request for rejection of the bid was thd Adminidration determined that the sole bid was not reasonable and appropriate for the subject items. STIONs Notion passed unanimously by roll call vote. V. MINUTES, Page Three C-6.- Resolution 78-110* Authorizing award of bid for Bower Jet Cleaner Councilmen Ambarian read Resolution 78 -UO by title Only - "A resolution authorizing award of bid for the purchase of one Water Jet Sewer Cleaner". MOTIONs Councilman Malston moved, seconded by Councilman Ackerly, for adoption Of Resolution 78-110, award ot bid for purchase of a Water Jet Sewer Cleaner to Totem Equipment and Supply, Inc. for an amount of $17, 000. Councilman Ambarian dated that he objected to the fad that though $17,000 was funded by Council for such purchase, the bid came in lower and then accessory items were added to bring the total price back up to $17,000. Councilman Malston stated he objected to am fad the the purchase price did not include delivery to Kmd and training personnel locally to operate the plece of equipment , but Council had been polled earlier a approved the purchase. QUESTIONs Notion passed unanimously by roll cell vote, C-7: Resolution 78-111. Rejectinst all bids for hdwft moditications to Sewer Treatment Plant Councilman Ambarian read Rewtution 78-M by tide only - "A resolution rejeeting all bids for Interim modiftations of Rend Bower Treatment Plant." )%MON: -,.4)owwgmnAdtbrly.movedo,-Asomd".by-Coun*Umen-Abor,.for�odaptionof Resolution 19�-Ul, rejecting all bide for Interim modifications to the Sewer Treatment plant. city Manager Wise advised that all bide received were considerably higher then the enginssr,s estimates and would, therefore, request rejection of all bide. QUBSTIONs Motion passed unanimously by roll call vote. ADJOURNMENT There being no further business to be brought before Council, Councilman Ambarian g4ourned the meeting at 50. 55 P.M - Respectfully submitted# 0 6 C., C. POW, (AL In Flo* I Kenai J tme WO Jolm 'Wife BOX 5% Kenai# Alaska Do&; Kre Woes The Kenai Garden Club is hosting the Alaska State Garden Clul Convention here on August 6tat ?th and Sth. We expect some people to drive from Anchorage and Fairbanks with campers or recreational vehiclese 'We would like permission for those people to park their vehicles on the FAA grounds during the conventions Pleaso call me at 297403 to let me know your decivion# � Si cerely-,yours, 111 elei� LOU Hegel Secretary 0 , Chemn ftoducU; Jet Fuef; Afaiatenance; RepiUA; Rebuild; Mobile FueUng; sOvene 24 June 1978 P. 0. got $50 Kenai, Alaoka 9961! John Weise City planager & City council hensig Alaska 99611 Dear Sir: The City of henai has gone t(, Szeat lengths to con.rul unauthori2ed traffic of jehicles, pedestrians and animals, but a large Say in the fence exists extending from Arctic Aviaticx. to Kenai Aviation on the south end of the airporto Arctic Aviation requests the City of henai to consider this faet and determine whether a fence couldbe Oquired to further insure the security of the airport* OpZchn W. Stoohner President jwS/Gj P" 0 Aewwo4i"j Pitat SWpt&A; Tie Vow; ReaWl FUght In4twetton; Chwau (golf 283-1657 ,T-- — - AUJI11111 our& ~04 fok= qu Fr L L= DEPT. OF COX.MUNITV & REGIONAL AFFAIRS I / mms - AWN awl AHMNIM June 15* 1 78 V I Mr. John Wise, Manager City of Kenai b, P.O. Box 660 Kenai, Alaska 99661 Dear John: We have revi e r application for an environmental/recreational rant under rhe'40a'stal Energy Impact Program as required by 19 AAC 2.270. Based on the criteria found In 19 AAC 42.210 and comments received from the A-95 State Clearinghouse process we have rejected your proposal to study and vegetate the eroding bluff in Kenai. Comments from the Department of Fish and Game state that the major cause of erosion Is "rapid wave undercutting" which cannot be attributed to coastal energy activity. The comments further state that "the feasibility of retarding these erosional processes by vegetating the face of the bluff Is e4tremely low at best; more likely It Is impossible". A CEIP planning application to realign your stom sewers to at least eliminate the man-made contributions to this erosion problem Is the only alternative I see available to you as far as this program is concerned. You have 20 days to appeal this decision If you feel we have not followed the criteria or process outlined in 19 AAC 42.010-330. Appeals filed by you or any other applicant under the environmental/recreational category could affect the ultimate outcome of our funding decision. A "Round 2 Enviromental/Recreational Grant Award" sheet Is enclosed showing those requests that were funded, deferrid,, or rejected. If you have any questions or comments please call Doug Griffin# the CEIP Coordinatoi at 465-3918. Sincerely� Director Fftssh Enclosure V I ALASKA COASTAL ENERGY IMPACT PROGRA14 ROUND 2 ENVIRONMENTAVRECREATIONAL GRANT AWARDS Summary of Round I Awards: Available E/R FY '77 funding $662,904 Amount awarded in Round 1 306.636 Available funding for Round 2 $356,268 Round 2 ProJects funded (listed in order of Prioritvi Applicant ProJect Award 1. City of Homer Campground relocation/expansion Planning and design $230,000 2. My of Valdez Salmon rebabilitatiou project study 139244 3. City of Cordova Long-range salmon planning 79,643 4. AK Dept. Fish/Game Salmon stock evaluation 33,481(partial) Round 2 ProJects not funded --deferred Drolicts Request not funded 5. AK Dept. Fish/Game Broodstock selection $36,000 6. City of Yakutat Oil spill contingency plan $75,000 7. City of Seldovia Recreation plan for boardwalk $85,000 8. City of S.eldovia Park Plan for Beach - $66tOOO Round 2 Projects not funded --refected ProJects- 9. City of Kenai Erosion Prevention $2000000 r L M 1 11 11 11 111 Mill I I --III 1 1111 1 1 Ill CITY OF KENAI RESOLUTION NO. 78-98 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHIN REGULATIONS AND UPDATING RATES FOR RENTAL OF FORT KENAY. WHEREAS, there are currently no regulations regarding the use of Fort Kenay, and WHEREASt the rate schedules adopted in the past need to be updated, a WHEREASt it Is in the best interest of the City that such regulations established and such rates be updated. NOW* THEREFORE, BE IT RESOLYED by the Council of the City of Kenai, A as follows: Item 1. Resolution Nos. 75-60, 75-61 and 76-2 are hereby rescinded in the- r entirety. Item 2. Rental Rates. Fort Kenay shall be rented on a res vation basTs =35 y and only during those hours not conflicting with th Senior Citizens nutritional program. Use of the Fort at any time oth than during those hours for which reserved shall be considered a viol of this resolution. Rent shall be collected in advance from all parties using t Fort In the following amounts: I - 2 hours $ 6.00 3 - 4 hours $12.60 Over 4 hours $25.00 (up to 12 hours) Item 3. Pavment of Deposit. A refundable deposit shall be collected Tr—omall Artiles renting Fort Kenay as follows: $ 6.00 Rental Rate $25.00 Deposit $12.60 Rental Rate $25.00 Deposit 4l An 6^ &&1 Dfb4,,a tCn An ng, &44, 0 IN 0 VV This deposit will be refunded upon return of the key Issued to the rentor at the time of payment provided that the Fort Is left in a clean and orderly state and that no provision of this resolution has been violated, to be determined Oy the Senior Citizens Director. No refund of a deposit will be made until so authorized by the SenioO Citizens Director, but under no circumstances will a deposit be held longer than fifteen (15) days from the date that the Fort I s rented. 4 I A .1 1.1 In the event that the Senior Citizens Director determines that the Fort has not been left In a satisfactory manner, the deposit will be forfeited by the rentor and the City will utilize such deposit to have the Fort cleaned. Item 4. Exceptions to Provisions of this Resolution,. No party shall be exempt from any provision of this resolution except by fomal application for such exemption to the Kenai City Council. Item S. Use of the kitchen area or any area of the Fort other then the m—eeffl—ng room to which.the rentor is issued a key is strictly prohibited. Anyone violating any provision of this resolution shall be barred fran future use of the Fort and their deposit will be forfeited. PASSED by the Council of the City of Kenai, Alaska, this — day of 1978. VINCENT O'REILLY, 14AYOR ATTEST: Sue C. Peter, city cierk IL June 28, 1978 Memo to: John Wise, City Manager Mr. Wise # CITY OF KENAI "Od eapdd a/ 4&"all V. 0. 00X NO KENAI, A&ASKA 99611 TRIP1#01111 203 -7636 1 �if It has come to my attention that there is some question as to Resolution No. 78-98, Item no. 5. The request to close off the kitchen area to all other parties using the Port was considered for the following feasons: 1. There has been trouble with the kitchen inventory disappearing. 2. The gas range is consistently being tampered withs pilots being put out and gas fumes resulting. 3. The kitchen area'bolng kept clean is 4 vital aspect to the Senior Citizens Nutritlon program. When various parties have access to the kitchen area It has. proven to be left In unclean condition. 4.11 The various Senior programs have complete responsibilty for the janitorlil services to the Fort and therefore it proves to be a great problem to perform these duties and to begin preparation of the food program. Neither of the Senior programs have enough monies In their budgets to cover a full time commerical service. At the present the Salvation -Army Nutrition Employees are keeping the downstairs area cleang Including after all of the other tartles that have rented the Part, from the City, The upstairs s maintained by myself. I ho this helps to clarify the reasons for the request. Pat Porter Project Director Title III 46 0 F L -T-- - - - - - -- - -15 kips WASP toll LIO'Llyll' LAMIS 111� VAVOI IT11 A THIS A011111,31IL141'. olillyped lubi tills _ day Of 19 , by and bolween flop 411'1'y III, liggAl, is Ill),"p-Mio nounielpal corpor"111491, of !looks, hereinafter called ,Cilyo, and Thuman A. Aekorly slid Patrick 11, O'Connell hereinafter c4lled "Lootiae', That the City, in condflderation of the pityments of the rents or d the POrlOrmance Of Oil the COMMIx herein contained by the Cauca, doos hQrQbY demise and lease to the Lasome the following doocribed property in the Kenai Recording District, Mate of Alankas to wit: Tract 8, Meal Opur *Lrpore Longs Property, Toms The tam of this Lease in for _ninuy-nine y(Arg. commencing ad-th-01st day of ouly IVA% . to the J(Pth MY of Jun . rQ77 . at the awilsless" I monthly rental of 097 M., or 011,080.00 per year. Payments subject to the terms of noneral covenant No, to of this Lease, the rental specified herein Shall be payable no follows. (b) rant for *a (Imal year beginning auly I and ordf nq Juno 30 shall be payable in advanco, an or before th4IAmxkppxtftIFxwxWXk poom, 10th day of sub moth, month Aall (4) Rontit for tiny period which to loss than one M yxmxxs* be prorateds bss#d on the rate of tile last full pwo month, (0) The rent specified heroin is calculated so follows: 22190 square feet at 111,132 per square (oat per year, sit #800.00 iNX99p"sxos or 0990.00 per month. For 'Yams , In addition to the tents specified nboveo subject to Ornaral COV41141111 NO, 10, the L01806 agree# to pay to the City fees as herninoifter provided$ (a) Ass000mento (OrIlUblid Iffitir-WOMT-Mll now bonefitinr, pmpt,,-ty in the amount of A 1114 (b) Applicable toxqo to leassohold Internet or other aspoctio, (a) Bales Tax flow enforced or levied In the future. (d) Lvasoo agreeh to pay oil noseo#,mqnI% levied In the futurc tiv tIIQ city of Kenai, no If Labout: Wave conoldored lagiol watter of roaard of Irimixf (a) Interest at the e4te of eight percent (9%) per ofinum and Iva OVOOng 00%) P0110111108 On day amount of money owed under this Lease which to not Paid On Or bulord the datu it Inwitmef4 fluti. longe Ono# LEAMP licovision 4/29/70 10 110) A The lsurltoot�o- for whicli tioln lxase is itimititl Ir National Franchise Modern fast food restaurant, In accordance with Lessee's updated lease application of may 19. 1977. attached hereto and Incorporated herein by reference. Future site developments will include construction Of comflercfal retail/office properties, subject to review by the Kenai Advisory Planning and Zoning connislion. 1. Vor1w. Vxrops its provided Itors-In. Yony rerulir u4n of I.i- or facilities without the wo-itton contiont of tho- (11tv iq prislilhiteoi. "'his prohibition Phatt not appiv tit ima of arl-a-0 Oeii"Z114--of Ity ".. I fiv -10,1to 40--s-, public usno, ouch its pavounl?.-r teruthisdoi. itm1Yn-,b!!e -11-rkircr no,vnif -111,! 2. Uses, V,11 rontentolsolvil .1f.1#111 ,,, or the promotion or operation it( any wul or V ind or o)u-,j,,,wa4 oy t.-onofqurri enterprise. other ftnafs 4pneffically iiet thrift Ito-eirt, topsor. In or '1110k.f. airport land#, without the uritten convent of thfo 11ty Is n-ohibileti. a. Impoundiniz dif Prntiortv, Anv nr oil "Orsonal nr 1-1-41 placed or used upon loinds or in facilittoo In violotfan of orribibitions fvis�- I,. - removed and/or impounded by the ritv, and whon go romf9trod and/or impounded, such property may be redQpmod by the owitor thereof ortiv wp— the payment to the City of the costs of removal plus storage churges of 14.011 per day. or $5. 00 per day in the case of each buildine or oach olvaraft In excess of 6.000 pounds gross weight, or in the oneii of ony other kind of property, an amount not to exceed 95.00 per day. ^v in stavordouirta with -!u,'-. higher fees as may be Incorporated Into regulations of City's Airport. 4. Commfit-ent for Rent nr.d Von- A %scle r. -n Pot: Uttitoeacri--j� to pay the anroat rental and fees apeciffetl -nd not w flayifin thin br-seR or any part, nor Id. nor sublet. althur by Wront nr inintleation, tha i0oll or any part of the promises without written ronotint,if On �14tv. which c-iniip"s slutil be obtained pursuant to 110-011owing (a) Submittal too and aoprnvnl of, oroposnd lospe trar step ON R"al, Planning Commission. (b) After approval by the vanni PlAnnfnv Pornmisirfon, fin 4 appovel of transfer by the City Council. Any assignment in violation of thin orovision ahall be void, trdO shall be grovinds for cancellation of this Lease by the Oftity. so Trostmont of Deminst The Lessee agrops to keep the prentil" clean and in good order at its own expense. suffering no strin or waste thereof, nor removing any material therefrom. without written Permission of the City. At the expiration of the term fixed, or any sooner tletermination of the Lease, the Lessee will peaceably and quietly quit and surrender the promises to the City. Ot fowpent of Rontt Checks, bank drafts or postal money orders shall be made payable to the City of Kenai , and delivered to the City Administration Building, Kenai# Alaska. 7. Construction Approval and Standardst Building construt,,tion shall be nest and presentable and compatible with its use And surroundineq. Prior to placing of fill ninterial and/or construction of buildings on a lonsed area, the Lessee shall submit a plan of propnneil dinvelopmattit of property to 0 the City Planing Commission which shall be approved In writing for All permanent improvements. Lessees AM— Lessorz PROO TWO, LPASF Revislon 4/29/70 V I F - - - V -jr— _- - -- - _', — __ill 0 0 list'l slildre-194 of reeford lot fill- filet. 04 1 ho. Nly. ll, It! ISOv.-- to 0111111011ble Ilowti so ild —regaiii—din-9f; of I - %vithdriwo vithistot Slistled. lot fitly t5lit. 41111111, tills-ty ('10) flit' y., Of'on Still touch tilirly 4.30) 4!llY4 till, 1.4"inel. orgo-J-1114.4 atiff 1;q list. I . ltv, by this. Le.-Osto mle wbio-fist lit fill,%' 'I'll loll of fill, ---I, coutt-Ined in file hi-tr,jwetits; conv.?yin!f till.. sw s 1%o, to. Itight I)( Ill alit-olloll: ('fly hf-.-eltov ?;;,sit. tit 1-11 rom,tirnable tPoiro, . to cultir flov prell.lP.Q." fit- , noi J)'11'1 of inspection. 17. Insurance: Litior-ort cojvonanj�, vo, tho l"t.", !o, "Ir -If tit all actions. suits. Ilabilitlet; or dranalrftr- reaultitir, iri ­ n- firli Itif, tv? fir tlly acts; o(comminsfoon or onsilonfoil by tlio lils rwl o;6, r -r inVite0s. Or arising from or out of the f.maerile ef, ilre, it, thr. !)I ... demisud, or privileges Franted. and to psov nit ci%4t!. pr,nnelet#j�! t)j-j,pjojIIj. It - this connection, the Lojosec atritef; to ni-rdni!j, jollott rt.,y foo. all tl,(. ,.first .4riff: (a) Public 10hilitv intmorometo protto.oplip, fjoriti. ritv L4 its agents and the Lesecit. suuh Insuritnee to bo et,live!ncea b . , ton, y it et-rij,101,9. showing the Inouranco in lopeo. The alljoujil of !-pultife jj."j,ij sholl have limits not logo than thuse known an 000 (b) Loewe agroos to col-ly j3ajVIt,ys-.*,j; Workmen's Compensation Inow-Allov, and #is (Ijoinjilli f flit, V, the City, (0) Insurance colstraifts providiniz linliflity ittalwn:*o, entl Workmen's Compontlation shall providc. foit not Jet r. tl.,.Ii jbit..) MO ds.yj: written notice to the City of loilonspultotion top isruph-Atito )I- chill'tr it-. policy conditions end coverage. (d) Losses &grace that witiver of subrorallurs of. tAipt tile (.,Ity shioll be requested of Looseels Insurer, and ahall 1)4, pl-evidati f;j no ssogt to the city. (0) Cross Mobillitits it Ili undorstood and agren-1 that tho insurance afforded by this policy or Policies for more than one rof-ttowl ingurt-1. 1111118111 not operate to inoreaso the litalts of the comlifiloy's liability. but otht-MV? shall not operate to limit or void the clovoirsiVe of silly moo finsiod Insured flit respects claims against tho same named insured ar employees nf tjtjc�h ollsor named Insured. -4 10. Accounting nblipaition; Lessain siftroop to furnish the '"fly nn annual sworn statement of gross businctis reocipth andisor an iltinusit sworn statoment of the numhor of Nations of fuel and oil sold and/or nny nortifloolta or statement 6) substantiate the computation of rentm or Moll. hiclu Ing roptoris d to other govornmantal agencies. to. 60ilection of enjudd Mantels: Any or ell ronts, charges. ro-c-9 oil other consideration wh1rh or ue and unpaid at the expiration of voluntory or Involuntary termination or cancellation of this Latina. shall be a chargo against the Lessoa and Losses's property, real oi- personal. and the city allull have such lion rights as are allowed by Law, ond enforcement by distraint Inittals: Lessor: Pogo Four I'VASH flovitilon 4/20/70 If f T- — - — 'a- -- -" C171' CP iNEMAI fog :90 - Atf.$Vo - I ilON1 292,7525 Paqv I of 4 Leave No. Lease Application C. pq I of 2 .0 Name of Applicant egfjg,t� —blefd'it r .61..W. 61 10 Addresa—k%'r- d_144jKgj 9 (c YJ Business ut-me and Address Konai Peninsula Boyough Salas Tax No. state Business License No. Pnone Z 29A) - 2 /!f -I 74.'1 (check one) Lease porm-it Lot Descripticn�f'� C L e.- 01; 14,11611. Goeo r . v ZVO P7 too, �moemw X Uji) #*off %I i,s: �j, fKb '1-161 '40*1404, ic; it A4?" a INA Wo eArv.-ImPa t xv wa �4,orsjj Desired longth Of Lease or /it 99 'C 4-11A Property to be Used for LCV,41#016' -406; X0"A1A1 /44011-ip-Witi DA I hi Y C"'F Description of devolopments (type, Construction, Giza, ate.) 444-VIO ot c at I ffJ1bU2&�WA:J Atta'a avevelgpmoa p an to sea 0 0 m 50 a OWL g a ings planned. Tim fichadule lJowen. IsKI 7b Av I'v. IN Satimate value of constructiont Date AVAI /Y;P7 signed 01, Atal 7 7 X-A.-Ze ?6- j IF 4 4 4 I DOSCription of Proporty 'r&,:Ac,'r vFmAi 60a0- L.t4.5& I-ROPUTY FOR YOUR MFORMATION Annual rental rato or cost—go, efoezd Ne . 1, 4.9. Zon@4 for rFF.F4Fr-A.L Permits required BA D& Assessments NON F. InsurenceRequired 410C%00d14&Z00-AO01,1 0 cadmation mud be stmed by.W Irttim .0 VZ&—M .LeAS& Completion date for major construction IMB APPLICATION WILL BEA PART OF THE LEASE Approvales Planing Commission By City Council BY Receipt Acknowledged by applicant Page 2 of 4 .f I t! 4 140 Ir jr f AVON4 If 51,101 941MI, ;"4y.A, 10 �0140 W, fw," Wagi *Ifts Driveway and utility easements Will be from i Naverloop Road through Tracts A and C, in accordance with the attached development plan. I Development plan showing rights-of-way and and dimensions of utility easements# as requested by Planning nd Zoning Commission, will be presented at the ineeting. (Too larg: for duplicating.) I 0. CITY OF KENAI ORDINANCE NO - 419-78 T_ - - _ _ - - _1% AN ORDINANCE OF THE CITY OF KENAI REPEALINO: (A) CHAPTER 19 OF THE KENAI CODE OF 1963 AND ALL AMENDBIENTS THBRETO (ENTITLED "TRAF- FIC OFFENSES") AND (B) CHAPTER 13 OF THE KENAI CODE 1063 AND ALL ANEND- MENTS THERETO (ENTITLED "PENALTIES a OFFENSES") AND ADOPTU40 IN ITS PLACE TITLE Mll IN RECODIFIED FORM. REAB , the Kenai Code of 1963 and all amendments thereto contain., (a) Chapter 19, entitled "TRAFFIC OFFENSES" and (b) Chapter 13, entitled, 11PENALTMS AND OFFENSES"; and, WHEREAS, it is in the interests of clarity and efficient goverment that the above described chapters should be treated under one section, since they both relate to low enforcement; and WHEREAS, at the same time, the above described Chapters are in need of substantlol revisions among which are., 1. A reduction of criminal penalties to avoid offenses being consider- ed serious enough to necessitate a jury trial and possibly a public .deftndor for the defendant at the City's cost; 2. The elimination of the treatment of certain serious crimes which we best Idt to State Criminal Statutes , which dready cover these &roast and, 3. The rewording of certain other offenses In order to make them less prone to Judicial attack on the basis of more recent court decidons a orning the constitutionality of ordinances treating such sub - Joao. NOW TIMRSFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: Section 1. Chapter 19 of the Kenai Code of 1003 and all amendmento flierato we hereby repealed in 1heir entirely Section 2. Chapter 13 of the Kenai Code of 1083 and all adendmento thereto are hereby repealed in their entirely - r 6wa* Section 3. Title X111, OFFENBES a PENALTIES. is hereby el codified form. which is attached hereto and made a part hereof. CITY OF KENAI ATTEST: Sue Peter, City Clerk , Vincent O'Reilly, Mayor FIRST READING: July 5. 1978 SECOND READING: July 10, 1978 EFFECTIVE DATE: Augmt 19, 1978 TITLE XIII OFFENSES AND PENALTIES ChaRters: 05 Offenses and Penalties: General 10 Offenses Against Decency, Morality , and Public Policy 15 Offenses Against Peace 20 Offenses Against Property 25 Offenses Against Public Authority 30 Alcohol on School Grounds 35 Traffic Offenses r k. Chapter 5. Offenses and Penalties:. -- 13.05.010 Penalty 13.05.020 Attempts to Commit a Misdemeanor 13.05.030 , Aiding in a Misdemensor, Etc. 13.05.010 Penaltv Any person , firm or corporation who sh, this Title by doing any act prohibited or ineret or as area to be an offense , or wno snau zan to ao, any aoz required by such provision, or who shall fail to do any act when such provision declares ouch failure to be unlawful or to be an offense, upon conviction of any provision of this Title shall be punished by a fine not exceeding One Hundred Dollars ($100). 13.05.020 Attempts to Commit a Misdemeanor Every person who attempts to commit a misdemeanor, and in such attempt does any act toward the commission of such misdemeanor, but fails or Is prevented or intercepted in the perpetration thereof, is guilty of a misdemeanor, and shall be punished in the manner pres- aribed for the attempted misdemeanor itself. 13.05.030 ANW in a Misdemeanor. Etc. When no punishment for comseling. abetting, or siding In the commis- sion of a particular misdemeanor is expressly prescribed by ordinance, every person who counsels, abets, or aids another in the commission of such is guilty of a misdemeanor, and punishable in the same manner as the principal offender. r a F I - Chapter 10. Offenses Against Decency , Morality, and Public Pollev 13.10.010 Miscelisneous Offenses 13-10-020 , Loitering and Sleeping on the Streets, Etc . After Midnight - Schools, Etc, 13.10.030 Curfew: Hours; Accompaniment; Parental Responsibility-, Evidence 13,10.040 Gambling: Definition; Acts Prohibited 13.10.050 Cruelty to Animals 13.10.010 Miscellaneous Offenses It she be unlawful for any person to., 1. Engage for hire or gain in the practice or occupation of fortune- telling, mind reading, character reading, or phrenology, or to accept a gift in connection therewith; 2. Sell cigarettes or tobacco in any form to children under eighteen years; S. Knowingly perform any act of sexual intercourse # fellatio or oral copulation with another, or any act of the beastiality in any street# alley, park, or other public place; 4. Solicit or seek the aid of a person for the purpose of committing or assisting to commit any unlawful "- 6. Wilfully expose or exhibit his or her genital organs in any public place or on the private prenises of another, or so nw thereto as to be wen from such private promises; provided, however. this section shall not be construed to prohibit the exposure of such organs or the pereon in any place provided or set apart for such purposes 6. Knowingly vddbit or display in a public place any picture, pholo- graph # painting# print v imge # statuary # or cast depicting acts of human sexud intercourn , fellado , oral copulation , or bestlauty; I I . Engage In window peepings and, S. Beg in any s&Mt alloy, place of business, or other public place. 0 0 13.10.020 Loitering and Sleeping on the Streets, Ste. After Midnight - Schools, Etc. 1. It Is unlawful for any person, without lawful reason, between the hours of 12 eclook midnight and sunrise# to loiter or wander aim- lessly within the City on the streets, in other public places, or on property of anothers or at any time to sleep on any street, in any other public place, or on any property of another without the ex- pressed or tacit consent of the owner or person in charge of such place. 2. It is unlawful for a person to loiter on or about the promises of a public or private school, or in or about any other public building, or In or about the property of a public carrier, or on or about docks and wharves, 13.10.030 Curfew: Hours-, Aecompaniment; Parental Responsibilitys Evidence 1. No person under sixteen years of age shall be upon or in a street # alley, public building, place of amusement and entertainment, vs - cant lot p or other unsupervised place, between the hours of ton 61olock P.M. during school term or eleven o'clock P,M, at other times, and five o'clock A.M. of any day, unless such person shall be accompanied by and in the charge of his parent or other compo - tent and adult persons, or be upon an emergency errand or legitimate business directed by his parent# guardian, or other adult person having the care and custody of the minor, 2. No parent, guardian, or other person having the custody and control of children under the age of sixteen years shall allow such child to go or be upon or in any street, or other places as listed in this see- tiont between the hours of ton oPolook P.M. during school term or eleven o'clock P.M. at other times, and five otelock A.M. of any day, unless such child shall be accompanied by his parent or other compe- tent and adult persont or is upon an emergency errand or legitimate business directed by his parent, guardian, or other adult person hav- ing the owe and custody of the minor. In any prosecution for the vio- lation of any provision of this motion , the presence of any person un- der sixteen years of age, not attended a heroin required, upon any U of the pubUa streets or other places as listed in this section shall be domed prima fads evidence d the guilt of such parent and of1he vio ladon of the provisions bored. 6 13, 10, 040 Gappling: Definition; Acts Prohibited 1. Gambling as used in this motion means an agreement between two or more persons to risk their money or property in a con- test or chance of any kind where one may be the gainer and tho other the loser, Excepted from Otis definition are bingo, raffles, ice pool@, and related activities of a bons fide non-profit nature under a valid and existing permit issued pursuant to low by the Department of Revenue , State of Alaska, The burden of proving that tho act complained of falls within the exception noted in this paragraph Mall be upon the person charged, 2. No Vernon shall attend or frequent or invite another to attend or frequent any vim where gambling is pormitted or any phtco operated or occupied as a ommon gambling home or room, 13,10,060 Cruoltv to Animals Any person who shall cruelly boat# torture , misuse P deprive of food or waftr# or otherwise mistreat or neglect any animal or fowl shall be guilty of a misdemeanor, I I Amended Vitro so of 0/2/70 G 0 17 - Chapter 15, Offenaeo Against Peace 13. 15. 010 Miscellaneous Offenfle" Apfnfit Pe"'O 13.15,020 Unlawful Assembly Prohibited 13,15.010 Niscallancotm Offenoem Aqt�iftat Pence 4 shall be unlawful for any person to: I. Discharge a firearm within Me City limits net specifically desig. noted by Council resolution as being a proper place for the dis- charge of firearms. It shall be unlawful for any person to dis- charge a firearm in any place within the City limits other than in in area specifically designated so provided in this section. Said resolutions are appended to thio chapter, marked Appendixes I and 9, and are incorporated herewith. 2. Sell# offer for sale, or display any dirk, knife, or knives having the appearance of 4 pochot knife, the bUde or blades of which can be opened by manipulating a bution, or exerting pressure on the handle or by other mechanical devices. Such dirk or knife is hereby declared to be a dangerous or deadly weapon, 19.16.020 Rplawful Asoem Prohibited OW1 4 is unlawful for two or more persons to assemble together or being assembled together# to act in concert to do any unlawful act against 2w peacc, or to the torror of others , or to oaks any movement there- to or any preparation therefor , or otherwise to assemble together un- lawfully or riotously, 11 AMENDED FACIE 0/10/70 0 0 A=� CITY OF KENAI RESOLUTION NO. 75-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI , ALASKA, AS AMENDED, DESIGNATING A CERTAIN PLACE WITHIN THE CITY LINITS AS BEING A PROPER PLACE FOR THE DISCHARGE OF FIREAR51S. WHEREAS, the Council of the City of Kent is emoting Ordinance No, 262-75 which declares that it shall be unlawful for any person to discharge a firearm in any place within the City limits Other than In an area specifically designated by Council, and WHEREAS, the Cowell of the City of Kenai, pursuant to Ordinance 202-75 may designate by resolution areas or Places within the City limits where a firearm may be discharged, and WHEREAS. Use Council of the City of Kenai has found the following area within the City limits, with the mceptiono noted hereafter, to be a proper place for the discharge of firearms. NOWo THEREFORE. BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows; , Section 1. A shotgun may be discharged in the following described area only for the purpose of taking water fowl, with the exceptions sat out in Section 2: Beginning at the centerline of the mouth of the Kenai River where fte westerly Vne of Section Sp R11W , TON, Seward Meridian crosses the Kent River, thence easterly "S the centerIfte of the Komi River to the east line of section s, RUW# TIN# theme southerly slong the centerline of the Komi River to a point 100 yards upstream of the small boat lading romp on the Kenai River, theme eadaly to the living natural tree line o thence following the now natural living tree Sm to within 100 yards of the Komi River Bridge crossing road, thence pOutherlyp maintaining a distance of 100 yards from the Kenal River Bridge road a" PIP0110110 WN road to the north high watqV beak of the Kenai River, theme easterly slong the north high water bank of the Kenai River to a point 100 yards not of the Kenai River Bridge crossing them northerly maintaining a 100 yard distance (cam the Komi River Bridge crossing rad to a point where maximum high dde waters reach, thence following No We line newly to a point where the tide line intersects On west bank of the Kenai River downstream of #19 Loreft Knackstedt residence, 0110WO 48daly to 020 CanterIfnis of the Kenai Riverp theme northerly on the centerlins of the Kenai River to a #oint where the rivor then flows east to west theme newly along the centerifne of the Kenai River to a point where the Kenai River flows south to north, dma newly to the west line of section Ilo, R11W, TON, theme an a line due not to the ant west bank t Upstream o of the Kenai River, theme following the natural maximum high water bank Of the Kenai River upstream P including all sloughs, backwaters and in -Bowing tributaries o as for as navigable from *9 main stream of the Kenai Rivert to a point where the Nend City limits crosses the Kend River on the APPENDIX I Page 1 of 3 (13.16.010 111) L-- - - -- - - - --- - - V ............. line of Section 7, RIOW, T5N, thence following the City limits line on south side of the Kenai River to a point where the City limits terminates at the tide line of Cook Inlet (section line dividing Section 7. RIIW. T5N, and Section 18 , RUIV, T5N) - ft shall be unlawful to discharge any firearm other than a shotgun in the above-described area. ection 2. Within the area above-described, It shall be unlawful to discharge a abotgun at any point which Is within 100 yards of a residential or commercial structure or of a,maintained street or highway. Section 3. Nothing contained herein shall preclude the retrieval of wounded water fowl by normal migratory bird hunting methods and means from the areas designated as closed to shooting, with regard to safe and prudent use of firearms within these sreas while retrieving wounded birds. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this g'?d day of September, VITY bF KENAI AJ8 A. ELSON, MAYOR AMSTI ister, City -clerk LUTION NO. 15-38 - Page Two APPENDIx I Page 2 of 3 (13.15.010 [1)) 0 UWAS" L71 CIM APMDIX I Page 3 of 3 (13. is. 010-.111 a alkillaffia Im . . 1 -11 -- - - I --- - . -- - - - -- - - 11JMJ1111 1111 CITY OF KENAI RESOLUTION NO -75-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA. DESIGNATox; A CERTAIN PLACE WITHIN THE CITY LDIITS AS BEING A PROPER PLACE FOR THE DISCHARGE OF FIREARMS. WHEREAS, the Council of the City of Komi to enacting Ordinance No. 262-75 which declares that it shall be unlawful for any person to discharge a firearm In any place within the City limits other than in an area specifically designated by Council, and WHEREAS , the Council of the City of Kenai , pursuant to Ordinance 262- 75 may designate by resolution areas or places within the City limits where a firearm may be discharged, and WHEREAS, the Council of the City of Kenai has found the following area within the City limits, with the exceptions noted hereafter, to be a proper place for the discharge of firearms. NOW's THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows.. Section 1. -A firearm may be discharged at any place within that area which is bounded as follows, with those exceptions set out in Section 2. Beginning at a point being approximately Nile 0 on the Kenai Spur, thence north on the City limits line to the north City limits, then west along the north City limits line to the Intersection of Marathon Road and the City limits, thence southwest along the. easterly edge of Marathon Road to *9 intersection of Marathon Road and a line drawn from the inter- seedon of Davidson Drive and the Kenai Spur at right angles to the end of the runway of the Kenai Municipal Airport, thenoo southeasterly alm such line to the Intersection of D&Wdson Drive and the Kenai Spur, thence eadslong the northerly'edge of the KoW Slaitr to the point of beginning. Section S. It shall be unlawful to discharge a firearm at any point which is within 100 yards d a issidential or commercial structure or of a maintained street or highway. PASBED BY THECOUNCILOFTHE CfrY0P KENAI, ALASKA, two 4-A'— day of Septembers HIL ATTEM e6JAMS A. ELSON, MAYOR Peter APPENDIX 11 Pap I of 2 (13.15.010 Ill) 0 ol m I, MW lmm rm . APPENDIX Il Pltge ~ or 2 13.20.010 · 13.20.020 13.20.030 13.20.040 13.20.050 20. Offenses A~ainst Property Placing Signs, Eta. on Property si' Another Throwing OF Shooting at Persons or Property Trespass Trespass: Notice Structures in Streets. Eta. 18.20.010 Placing affirm. Eta. on Prope _r~. of Another It is unlawful for any person to place, stick, tack, paste, post, paint, mark, write, or print any sign, poster, picture, announce- mont, advertisement, bill, plaem*d, device, oF inscription upon my public or private building, fence, sidewalk, bridge, viaduct, post, automobile, other vehicle, oF other property of another without the consent of the owner or person in ohm*ge thereof. 10.20.020 10.20.030 18.20.040 Throwing or. Sh.o..otJng. at Persons, or Property it is unlawful for any person to throw oF shoot any stone, shot. or other object into oF 'across *any street or*alley, m* in any place where he f8 likely to hit another person w~ngrully oF to injure property. oF to throw or shoot any stone, shot. oF arbor object at any person. vehicle, struature, electric light, or otJmr property of another (whether public oF private), except in ease where such is done Justi- fiably in defense of oneself, or another person, oF of property. 1. If any person other than an officer on lawful buMnass'sholl go or trespass ~ any ~nd ~ prof,s ~ the lawf~ oooupafl~ ~ n~F, ~d shall ran. ~, ~ r~e to d~t t~re~om ~te~ md Fem~ ~ ~fll ~tted to ~t~n u~ the ve~M ~ pFh~d ~ w~n nofl~ ~ the ~neF OF parson ~ ~e ~ ~pa~n of s~ ~s ~ prmi~s, such t~ser 8hdl ~ ~ or a misdm~o~, ~respass: Notin.e · If the owner or person in lawful occupation of lands ox* premises oatmea printed oF written notices to be plaood on eom premises with the name er the person in lawful occupation or owner or said lands or premises attached by authc~ty, end t. squiring all per- sons to roFbsa~ trespassing on said land oF premises, such notice shall be held end deemed.to be sufficient prima rede evidence or notice as mentioned in the last preeeedinf section. L 111110141 1 13.20.050 Structures in Streets. Etc. Any person who places, erects. or occupies within any street, allej park, or other public area of the City, any but, hovel, shanty, or other structure whatever not authorized by proper authority, is gul of a misdemeanor a I ww IN T- _- - - - '_ -_ -, Chapter 25. Offenses Against Public AuthorltV 13.25.010 Miscellaneous Offenses Against Public Authority 13.26.020 Resisting Officers, Etc. 13.25.030 False Representation to an Officer 13.25.040 False Fire Alarms I 13.25.010 Miscellaneous Of(enses Against Public AuthoritV It shall be unlawful for any person to: 1. Impersonate an officer or employee of the City, or without author- ity to exercise or attempt to exerdse his power or duties. 2. Resist arrest by a polico officer or, when In the custody of an officer of the City or confined in the City jail or other prison, to escape or attempt to escape from such custody , jail. or prison S. Assist or abet a person in custody of an office of the City or other public officer, or confined in the City jail or other prison or jnsti- Aution, to escape or give alcoholic liquor or, without approval of the officer in charge, any other thing to such person. 4. Interfere with, obstruct, mutilate, mar, conced, or tear down any cificial notice, placard, light, or barricade placed by City author- ity without due permission. 13.25.020 Resisting Officers, Etc, It to unlawful for any person to. 1. Knowingly or wilfully resist, oppose, or obstruct the Chief of Police, any other policeman, a magistrate, or any other officer or employee of the City In the discharge of his official dutlep; or, 2. Threaten or otherwise to intimidate or attempt to intimidate any such officer or employee In the discharge of his official Mice; or to assault or beat, or revile, abuse, use abusive or indecent lang- uage toward or about any such officer or employee while such offt- ar or employee is in the discharge of his official, duties - i - -- - - 111W . I u,21,010 False Reprenen,aflon to an officer It is unlawful for any person, firm# or corporation, or any agent or employee thereof, knowingly to make any material misrepresent- ation to any officer, employee, or agency of the City government in any official application to, or official,dealing or negotiation with, such officer, employee, or agency; or to commit perjury before any agency or officer of the City, 13.25.040 False Piro Alarms It Is unlawful for any person knowingly to turn in a false fire alarm, or in any manner to deceive or attempt to deacive the Fire Department or any officer or employee thered with reference to any fire alarm or reported fire, or knowingly to esuoo the Fire Department or ite officers or employees to make a useless run. 0 -41,111, 111.11 1;1 . I It- Chapter 30. Alcohol on School Grounds 13.30.010 Possession of Alcoholic Beverages Prohibited on School Grounds 13.30.020 Consumption of Alochol Prohibited on School Promises 13.30.010 Possession of Alcoholic Beverages Prohibited on School Grounds No person shall carry or have in possession, or under sold person's control, or accessible to oaf d person alcoholic liquor or alcoholic bov- orages on the promises of any school located within the City limits, 13,30.020 Consumption of Alcohol on School Promises No person shall consume, drink , or otherwise Ingest any alcoholic bov- orago or alcoholic liquors while in, upon, or passing through any school promises located within the City limits, , Chapter 35. Traffic Offenses 13.35,010 State Traffic Regulations Adopted 13-35.020 Duty of Police Department and Fire Department 13.35,030 Night Parking Prohibited 13.35,040 Violators to be Towed 13.35.050 Signs Bear the Legend 13.35.060 Other Notice 13.35.070 Use of Bicycle Traits 13.36.010 State Traffic Reaulations Adopted There is hereby incorporated by reference Into this code, except as otherwise provided by this Title, and title 10 - Motor Vehicles of the Alaska Statutes (1974), as well as a regulations promulgated thereunder to the effective date of this ordinance, Including but not limited to Title 13 of the Alaska Administrative Code. 13.35.020 Dutv of Police Department and Fire Department 1 . It shall be the duty of the Police Department to enforce the street 4vaffic wagAdations,of-this City and.the State vehicle laws and reg- ulations applicable to street traffic in this City, to make arrests for traffic violations, to investigate accidents, and to cooperate with other officers of the City In the administration of the traffic laws sad regulations and in developing ways and means to Improve traffic conditions, and to make out those duties specially Imposed upon said department by this Chapter and any other traffic ordin- ances of this City 2. officers of the Police Department or such officers thereof. as are assiped by the Chief of Police, are hereby authorized to direct all traffic by voice, hand, or signal In conformance with traffic Uwe, regulations, and ordinances; provided that in the event of a fire or other emergency or to expedite traffic or to safeguard pedestrians, officers of the Police Department may direct traffic as conditions may require notwithstanding the provisions of the traffic Uwe, regulations , and ordinances - 3. Officers of the Fire Department, when at the scene of a fire. may direct or assist the Police In directing traffic thereat or in the im- mediate vicinity AMENDED PAGE 6/28/78 t 0 U 13.35.030 Night Parking Prohibited After October I of each fall and until May I of the following year, no person shall leave any vehicle unattended on any City street between the hours of 4: 00 A.M. and 8: 00 A.M. of any day. 13.35.040 Violators to be Towed When a vehicle in violation of Section 13.35. 030 is interfering with snow removal undertaken by the City of Kenai, a police officer or other authorized employee of the City of Kenai is authorized to remove and tow away or have removed and towed away by the nearest available commercial towing service autorized by the Alaska Transportation Com- mission to impound vehicles, any such vehicle in violation. Cars so towed away for Illegal parking shall be restored to the owner or oper- ator of such car upon payment of the regular fees established for such towing service by the Alaska Transportation Commission. 13.35.050 Slone Bearing the Legend Signs bearing the legend: PARKING PROHIBITED ON ALL CITY STREETS 41: 00 A.M. TO 8: 00 A.M. OCTOBER I tq MAY I shall be placed in the locations Hated below and at such other locations as the City Manager may designate so as to put vehicle owners and oper- ators on notice of the regulation: 13.35.060 Other Notice Notice of this ordinance shall be published In a newspaper of general circulation every other week during the months the prohibition is in effect and shall also be broadcast on a local radio station at such time as the City Manager may direct so as to effectively reach vehicle own- ers and operators. 13.35.070 Use of Bicycle Trails A person who operates a motorized vehicle on a path or trail specif- ica4y designed and designated for bicycles or posted with sips prohibiting motorized vehicles shall be guilty of a misdemeanor and upon conviction shall be punishable by a fine not to exceed $100. AMENDED PAGE 6/30/78 V I 6/29/78 I CITY OF KENAI ORDINANCE NO. 420-78 AN ORDINANCE OF THE COUNCIL OF TIM CITY OF KENAI, AlASKA, EX CHAPTER 20, MOBILE FOOD VENDER , OF TITLE V OF THE KENAI CODE WHEREAS, the City of Kenai presently has no ordinance regulating mobi vending units within the boundaries of the City; and, WHEREAS, it is in the public Interest to have an ordinance placing certa trols on such mobile food vending units so that these operations can be r conform to certain standards benefiting the public health and safety. NOW, THEREFORE, be it ordained by the Council of the City of Kenai, A follows: Section 1. There is hereby added to the Code of the City of Kenai, Alast chapter In Title V, BUSINESS a OCCUPATIONS, entitled Chapter 20. Mc Vender. Said chapter shall read in its entirety as attached hereto. CITY OF KENAI Vincent O'Reilly Mayor ATTEST: Sue Peter, City Clerk FIRST READING: July 5, 197 SECOND READING: July 19, 19, EFFECTME DATE: August 19, 6/29/78 I ChaPter 20. Mobile Food Vender 5.20.010 Definitions 5.20-020 * Application for License 5.20.030 Prohibited Acts 5.20.040 License; Non -Transferable 5.20.050 License Fee and Term 5.20.060 Revocation or Restriction of License 5.20.070 Appeal 5.20.080 Conduct of Business 5.20.090 Penalty 5.20.010 Definitions As used in this Chapter. 1. "Mobile food vending unit" means any type of vehicle or wagon which is designed to be readily movable and from which any food or beverage is sold or offered for sale to the public at any location, whether on private or public property, within the boundaries of the City. 2. "Operate" means to engdge in the business or to conduct the des- ignated business as owner of the business; or as an owner, to employ, induce, or otherwise procure another person to operate or conduct the business. 3. "Owner" means all persons having a proprietary interest in the business requiring a license; or in the case of a corporation, "owner" means all persons holding more than 30% of the voting stock of the corporation. AMENDED PAGE 6/28/78 r I, ___-W ---- F 5.20.020 Application for License T_ __ - - - - _ __ - _N 1. Any person wishing to operate as a mobile food vender within the City of Kenai shall first file an application with the City Clerk on a form provided by the City Clerk. Said application shall request any information needed to fully identify the applicant find the food vender's operations, including but not limited to: a. The applicant's name and address; b. The applicant's Social Security number; �e,,).The business Interests of all persons in the food vender's opera- - tion; d. The type of vehicle, license number and registration of vehicle used for said service; e. The type of vehicle, license number, and registration number of the vehicle used as said unit; f. The Kenai Peninsula Borough sales tax registration number of the applicant. 2. ITEMS REQUIRED IN ADDITION TO APPLICATION FOWl *With the apl$11cation, the applicant shall alt;o furnish: a. The original Inspection report, to be copied by the Clerk, issued to the applicant/owner by the Department of Health Social Services , Division of Public Health & Sanitation, State of Alaska; b. The fee for the City license as prescribed herein; a. The legible signature of the applicant/owner or person author- ized to sign on behalf of the applicant/owner; d. An affirmation or oath, as may be required by the Clerk, that the information and statements made in connection with the ap- plication are true, correit, and complete; AMENDED PAGE 6/28/78 I JM.1111 JI I I III soffiffiL44p- 5.20.020 Application for License 2. ITEMS REQUIRED IN ADDITION TO APPLICATION FORM (continued) e. A certificate of insurance, indicating that the applicant's opera- tion of a mobile food vending unit is covered by liability insurance as follows: Personal Injury (Each Occurrance) $100,000 Aggregate Products (Each Occurrance) $300,000 Property Damage Mach Occurrence) $50,000 Said insurance policy or policies shall provide for not less than thirty (30) days written notice to the City Clerk of cancellation or expiration or substantial change in policy conditions and coverage. 5.20.030 Prohibited Acts It Is unlawful: 1. Per any person to engage in a business of operating a mobile food vending unit as defined by Section 5. 20.020 (1) without first -obtaining a mobile food vending unit license from the City Clerk. 2. For any person to obtain or attempt to obtain a license by making a false statement In the application or by other fraudulent or do- ceptive means. 3. For any person licensed under this chapter to knowingly or wil- fully author128. order, Instruct, or permit an employee, agent or person under his supervision or control to do an act in connection with the licensed activity which violates any provision of this chap- ter or a license issued under this chapter. 5.20.040 License: Non -Transferable 1. No license may be sold, conveyed, or otherwise transferred by the holder thereof to any other person at any time, and no license sold, conveyed, or otherwise transferred shall be valid as to the new holder thereof. Successors in interest to persons licensed under this chapter shall make original application for a license if successor wishes to continue or to resume the activity. I- -7i . W -*Aim 5.20.050 License Fee and Term 5.20.060 5.20.070 An applicant shall pay a fee of $120 for the issuance of a license, which shall expire one year from its issuance. The Clerk may issue a license which shall expire within a shorter duration of time and the fee therefor will be proportionately reduced. Annon-profit organi- zations shall be exempt from paying the above license fee. Said or- ganizations making application should present proof sufficient to the Clerk of Its non-profft status. Revocation or Restriction of License The Clerk may revoke or restrict any license upon written notice there- of to the license holder. Any revocation or restriction shall be made In writing, stating briefly the reason for such decision. Such decision shall be malled by certified mail to the licenses at the address as pro- vided in the application or may be delivered to the licensee at his place of business. Appeal 1. Any applicant or licensee desiring to appeal from the decision of the Clerk in restricting or revoking any license provided for by this vhqW shall withinten "s from the receipt of a written decision, as provided by Section 5.20.060, furnish the City Manager a written notice of appeal, stating the order or decision from which the appeal is taken. The City Manager upon receipt of such notice of appeal shall set the date of a public hearing before the City Council. The City Manager shall 9 upon setting the date of the public hearing before the City Council, notify the appellant and the Clerk of the time and place of such hearing. 2. The notice of the time and place of hearing shall be given within ten days from the date of the hearing and not less than three days prior to the hearing. S. After public having hereinbefore required, the City Council shall have the power to modify, revoke# rescind or affirm the decision of the Clerk from which the appeal is taken, or may enter its own deci- sion as may be justified under the circumstances. -- AMENDED PAGE 6/30/78 r E i a 5.20.080 Conduct of Business 1. A mobile food vender may not operate from a location on a public street, alley or right-of-way for a period of time in excess of one hour, unless the operator acquires written permission from the Chief of Police to operate for a longer period of designated time to provide service to the public attending a sporting or recreational event. 2. Notwithstanding the provisions of (1) above, mobile food vender may not operate on a public street, alley or right of way where such operation would Interfere with the normal flow of traffic, cause of safety hazard to pedestrians, or where the stopping or standing of the food vender's vehicle would violate State or local traffic regulations, or any other regulations required by Title 13 of the Alaska Administrative Code, entitled (Public Safety). 3. The mobile food service may not be operated in front of or Immedi- ately adjacent to any established business offering the some or sim- ilar commodities upon a fixed location. 4. No person may operate as a mobile food vender within the boundar- ies of a City park unless such operation is permitted under ordin- ance or other lawful authority. 5.20.090 Penalty 1. Any person who violates any provision of this chapter or the terms, conditons, or limitations of any license Issued here- under shall be subj cot to a civil penalty of not less than $50.00 nor more than $1,000.00 for each offense, or Injunctive relief to restrain the person from contintilng the violation or threat of violation, or both the civil penalty or Injunctive relief. Upon application for injunctive relief and a finding that a person Is violating or threatening to violate any provision of this chapter, the terms, conditions. or limitations of any license Issued here- under the Superior Court shall grant injunctive relief to restrain the violation. 2. Each day of violation of any provision of this chapter or conditions or limitations of any license issued hereunder shall constitute a separate offense. I CITY OF KENAI RESOLUTION NO. 78-104 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR RADIO MAINTENANCE. WHEREAS, proposals were solicited for City radio maintenance, and WHEREAS, the most economical proposal was received from Motorola Communications and Electronics, Inc., at $548.75 per month versus the proposal received from South Central Communications Co. at $855.00 per month. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the maintenance agreement with Motorola Communications and Electronics, Inc. in the amount of $548.75 per month, in accordance with the attached bid, for the period of July 1, 1978 through June 30, 1979 is hereby accepted. .PASSED by the Council of the City of Kenai, Alaska, this Sth day of July. 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk 0 E 1: E G A L I C SOUTHCENTRAL COMMUNICATIONS CO. —.- . I - . - - - . - — - AUTHORIZED SERVICE P. 0. Box 2310. Soldotno, Alaska 99669 Phone: 262-9282 P.1,001LE B,\010 STANDARD SERVICE RATES 1. Minimum Service Charge 8, During normal working hours - 1/2 hour at $17.50 b. After normal working hours - I hour at time and one half $52.50 2. Minimum Out of Shop Sarvice a. During normal working hours - 1 hour at $35.00 b. After normal working hours - 2 hours at time and one half $105.00 3. Hourly Service Rate a. In Shop $35.00 per hour bo Out of Shop $35.00 per bout 4. Travel/Standby a. 035.00 per hour plus expenses b. Overtime charges do not apply to standby SPECIAL CONDITIONS 1. Normal working hours are from 8,00 A.M. to 5.00 P.M. Monday throush Friday. Any work performed after these hours will be billed at a rate of I and 1/2 times the regular rate except that if the service Is performed on a holiday It will be billed at 2 times the regular rate. 2, A minimum of 12 hours including standby, travel and tabor will be charged for a dedicated technician on assignment outside the Greater Anchorage/ Kenai Bovough. 0 TRAVEL A14D LIVING EXPENSE AGREEMENT to If our technicians are in your area primarily at your request you will be charged 100% of the coot of travel, meats and lodging. 2& If you request work from our technician while he is in your area you will be charged for costs Incurred by reasons of 4elay In his return to Sotdotna or Anchorage. 3, If prior to their departure from Soldotas or Anchorage our teebial4ans are - - scheduled to service other accounts In addition to your's, you will be charged on a pro rats basis, 4, If your requirements cause our technician to miss available transportation or it such transportation to delayed by reason of weather, etc., you will be charged standby fees at out published hourly rate for standby time. J EMCTIVE APRIL 15, 1978 4 I -D Southcentral Communicntion, Co. P.O. Box 2316 Soldorna, AK 99669 RADIO MAZN?ENANCE BID FOR THE PERIOD OF JULY 1, 1978 - OUNE 30, 1979 2 Consotes: ..... ~1_20,00 _ ea./mo I DuKane Paging System: $..1.5.00 ea./mo 6 Base Stations** _ $100.00 ea./mo. 14 Portables ~ $150.00' ea./mo. 1 Dictaphone: $ 70.00 ea./mo. 23 Micor r4ob:Lles: $230.00 ea./mo. 33 Pagers: $100.00'*_ ea./mo. 7 Maxar Mobiles~ $ 70.00_ ea./mo. ~855.00 Tara! per Month * Amount for portables does not include batteries. **Amount £or Posers does not include batteries. All'nmintenence on ~ase Stations and console equilment on 24-hour celt. AIl maintenance on mobiles, portables and posers tm normal catkins hour basis- 8:00 AH to $~00 M weekdaye exeludius holidays. Pickup ~nd delivery on portebtee and posers included in this bid. See enclosed Standard Shop Rates. Initial service on mobile radios viii be per£orme~ et customers location. D ADDRIESS 119PLY Tot 5133 Fairbanks Street suite I Cot"e"Itsevicatiosts anirf Electronics love. Anchorage. AK 92502 907.277-2531 June 19, 1978 City of Kenai Box 580 Kenai, Alaska 99611 Gentlemen: MOTOROLA is pleased to submit the attached proposal for maintaining the City of Kenai communications system for the period of July 1, 1978 through June 30, 1979. The proposed scheduled maintenance includes semi-annual checks of all fixed equipment except the dictaphone equipment, wbich requires more frequent maintenance inspections and cleaninq. Scheduled maintenance of mobiles and portables is on an annual basis; however, maintenance of all units is included as required. Maintenance of the dictaphone equipment Includes all preventive fflififiteivance-thid"repifir*or replacement 'of niechanical and electronic assemblies, exclusive of record/playback heads. Maintenance of all other equipment includes repair of all assemblies due to normal wear and tear, exclusive of antennas. Replacement of portable batteries is the customer's responsibility. Maintenance on all fixed equipment is on a guaranteed twenty-four (24) hour call out basis. All mobile and portable equipment maintenance is during regular working hours. Damage due to lightning, fire, accidents, or acts of God are not covered by -this proposed agreement. Sincerely, MOTOROLA COMMUNICATIONS AND ELECTRONICS, INC. HAROLD A. ALLEN Radio Communications Representative HAA:nn MOTOROLA CENT11114. ISM 6. ALGONQUIN ROAD, SCHAUMBURG. IL.L. 610196 (312) 307-1000 U 0 RADIO MAIVENAWE BID FOR THE PERIOD OF JULY 1. 1978 THROUGH JUNE 30, 1979 6 Base Stations: $20.00 ea./mo. $ 120.00 1 Main Console w/Encoder $15.00 ea./mo. S 15.00 1 Remote Console $ 5.00 ea./mo. $ 5.00 I Dictaphone Recorder $90.00 ea./mo. $ 90.00 14 Portables $ 5.00 ea./mo. $ 70.00 23 Micor Mobiles $ 7.50 ea./mo. $ 172.50 7 Maxar Mobiles $ 5.00 ea./mo. $ 35.00 33 Pagers $ 1.25 ea./mo. ..$ 41.25 Total per Month $ 548.75 0 jjjjjrjjjjj*� -w- - --- - - CITY OF KENAI RESOLUTION NO. 78-105 A RESOLUTION OF THE COUNCIL OF -THE CITY OF KENAI, ALASKA, ACKNOWLEDGING RECEIPT OF A RECOMMENDATION BY THE CITY MANAGER THAT CERTAIN ALLEGED PUBLIC NUISANCES BE ABATED AND SETTING A DATE FOR PUBLIC HEARING IN THE MATTER. WHEREAS, the City Manager has recommended to the Council that certain alleged pul nuisances be abated, and WHEREAS, the Code of the City of Kenai requires that the Council hold a public hearing in the matter. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: Section 1: The Council of the City of Kenai hereby acknowledges receipt of a memorandum from the City Manager identifying certain materials existing on certain parcels within the City of Kenai as public nuisances and requesting that they be abated. A copy of such memorandum is attached hereto and incorporated herein by reference. Section 2: The Council hereby directs that a public hearing on the existen( of those public nuisances listed in the memorandum incorporated in Section I be held July 19, 1978, at 7:00 p.m. at the Kenai Public Safety Building. Section 3: The -Council -hereby directs that -the City -Manager notify all own( of those parcels listed in Section I and/or any other persons responsible for or causing the alleged public nuisances of the date and time of hearing. Such noti( shall also include an enumeration of those steps which must be taken to abate thi nuisance existing on the parcel and a statement that no hearing will be held on I parcel if the public nuisance Is abated to the satisfaction of the City prior to date set for hearing. Section 4: Notice of the public hearing directed to be held by Section 2 hi shall be published at least once in a newspaper of general circulation within thi City of Kenai. Section 6: The Council hereby directs that the City Manager be prepared to a presentation at the public hearing as to the existence of a public nuisance on parcel, Including photographs and statements of investigating City personnel. PASSED by tHe Council of the City of Kenai,, Alaskd, this Sth day of July, 1978. ATTEST: 5ve Go Peter* city nerk VINCENT O'REILLV, MAYOR 51-41. June 27, 1978 %.W -- Ow A TO: Honorable Mayor and City Council FROM; John i , City Manager u ic Nuise SUBJECT: ev nces I believe that the following materials existing on the parcels listed opposite them constitute public nuisances within the meaning of public nuisance as defined by the Code of the City of Kenai and I recommend that such public nuisances be abated: Public Nuisance Property Description miscellaneous Junk Lot 16, Block 5 (Old Amory Building) Parcel No. 047-071-2000 Owned by: W. R. Jahrig 'miscellaneous Junk -,Lot 19,11ock 5 Old Kenai Townsite Parcel No. 047-071-2300 Owned by: Clayton A. Ervin Anchorage JEW/eh 0 ---Ew 9% TO: Honorable Mayor and City Council FROM; John i , City Manager u ic Nuise SUBJECT: ev nces I believe that the following materials existing on the parcels listed opposite them constitute public nuisances within the meaning of public nuisance as defined by the Code of the City of Kenai and I recommend that such public nuisances be abated: Public Nuisance Property Description miscellaneous Junk Lot 16, Block 5 (Old Amory Building) Parcel No. 047-071-2000 Owned by: W. R. Jahrig 'miscellaneous Junk -,Lot 19,11ock 5 Old Kenai Townsite Parcel No. 047-071-2300 Owned by: Clayton A. Ervin Anchorage JEW/eh 0 CITY OF KENAI RESOLUTION NO. 78-106 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH ASSEMBLY TO REZONE THE SUBDIVISION KNOWN AS KAKNU KORNERS FRON RURAL RESIDENTIAL TO SUBURBAN RESIDENTIAL. WHEREAS, Chapter 21 of the Kenai Peninsula Borough Code of Ordinances provides for rezoning to suburban residential when water and sewer are available, and WHEREAS, a three (3) lot property owner has requested rezoning of these three (3) lots to meet proper lot size, and WHEREAS, individual lot rezoning is undesireable "spot zoning", and WHEREAS# such rezoning has been recmmnded by the Kenai Advisory Planning and Zoning Connission. NOW* THEREFOREo BE IT RESOLVED by the Council of the City of Kenai, Alaska, that it hereby petitions the Kenai Peninsula Borough to rezone the subdivision known as Kaknu Korners from rural residential to suburban residential. PASSED by the Council of the City of Kenai, Alaska, this Sth day of July,, 1978. VINCENT 0 REILLY* MAYOR ATTEST: lerk 5ve C; Peter, City C 11 6mA% CITY OF KENAI RESOLUTION NO. 78-106 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE KENAI PENINSULA BOROUGH ASSEMBLY TO REZONE THE SUBDIVISION KNOWN AS KAKNU KORNERS FRON RURAL RESIDENTIAL TO SUBURBAN RESIDENTIAL. WHEREAS, Chapter 21 of the Kenai Peninsula Borough Code of Ordinances provides for rezoning to suburban residential when water and sewer are available, and WHEREAS, a three (3) lot property owner has requested rezoning of these three (3) lots to meet proper lot size, and WHEREAS, individual lot rezoning is undesireable "spot zoning", and WHEREAS# such rezoning has been recmmnded by the Kenai Advisory Planning and Zoning Connission. NOW* THEREFOREo BE IT RESOLVED by the Council of the City of Kenai, Alaska, that it hereby petitions the Kenai Peninsula Borough to rezone the subdivision known as Kaknu Korners from rural residential to suburban residential. PASSED by the Council of the City of Kenai, Alaska, this Sth day of July,, 1978. VINCENT 0 REILLY* MAYOR ATTEST: lerk 5ve C; Peter, City C 11 CITY OF KENAI RESOLUTION NO. 78-112 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT IN THE ANOUNT OF AN ADDITIONAL $1,000 TO BE APPLIED TOWARD THE FINANCING OF STEP I.FACILITY PLAN. WHEREAS. during the development of the Step I Sewer Facilities Plan it was determined that smoke testing was necessary to properly evaluate the inflow infiltration problems of that City system, and WHEREAS, the Department of Environmental Conservation and Environmental Protection Agency agreed with the project, but desired to defer formal funding until the end of the overall project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the City of Kenai hereby accepts the State of Alaska offer of grant of an additional $1,000 to be applied toward financing the Kenai Step I Facilities Plang Project No. C-020077. PASSED by the Council of the City of Kenai, Alaska, this Sth day of July, 1978. ATTEST: Sue C. Peter, City Clerk VINCENT O-REILLY, NAYOR 7- 77 - s , 11 r? r-% JAY 4 r S U Liu 10 IRPT. OF ENVINION' MENTAL CONSERVATION Ii 0 June 28, 1 Mr. John E. Wise City Manager Cit)r Of Kenai P.O. Box S80 Kenai, Alaska 99611 Dear Mr. Wise: State Grant Offer: Kenai Sewerage Project C-020077 In a rdance with AS 46.03.030, Governor Hammond has authorii offer the City of Kenai a grant of $1,000 to be applied towar( financing -of -the -Step, 1 facility plan for the expansion of thi sewage treatment plant. This offer increases the Step 1 graw $10t:17S. which represents 12.5 percent of estimated eligible I costs of $810400. This offer is expressly conditioned upon the terms and limitai contained herein, and in 18 AAC 73, and is based upon the estl eligible project costs as itemized below: 1. Administrative expenses 2. Legal expenses 3. Engineering design fees 4. Project inspection and surveying S. Construction 6. Equipment 7. Other S. Estimated E! .0- .0- a FA Mr. John E. Wise .2- 10. Project contingencies -o- il. Total Estimated Eligible Costs 81,400 12. Less: federal financing 60,050 13. Nonfederal project costs 20,350 14. State grant a SO% of line 13 10,17S June 28, 1978 Adjustment of expenditures within the budgeted cost items -is -allowed, however, if actual project costs exceed the total estimated eligible costs, a revised grant application Pust be submitted before additional funding can be comitted. If actual project costs are less than the estimated costs, the grant will be reduced to the extent necessary to congly with the percentage limitation set forth in this offer. Grant payments will be made in accordance with the enclosed payment schedule. All requests for payment oust be submitted on the enclosed Mequest for Pgrymenve f orm, accepting this grant offer the City of Kenai agrees to comply with procedures and requirements contained in the Construction Grants Regulations (18 AAC 73, appended) as well as the following general and special grant conditions. 'General -Grant Conditions Contract Award & Contractor Bonding Reouirements a. The grantee agrees that advertisement, bidding and award of construction contracts exceeding $20.000 shall be in accordance with procedures contained in Alaska Statutes 35.15. Adequate time, not less than 30 days, shall be allowed between the date of formal advertisement and the date the bids must be submitted. The grantee agrees that any contract awarded will be to the lowest responsive responsible bidder. b. The grantee agrees to submit procedures for award of construction contracts of less than $20,000, to the Department for prior approval when means other than the competitive bidding process are proposed. ca The grantee must require the contractor to furnish performance and payment bonds in accordance with AS 36.25.010. d. If local or federal ordinances or regulations also apply to the contract award or contractor bonding requirements for this project, the most stringent requirements shall apply. 2) FlJoect Completion The grantee agrees to provide sufficient local funding to match State and federal grant assistance and to ensure the completion of a properly functioning project. a I Mr. John E. Wise -3- June 28, 1978 3) Titles and Easements The grantee agrees to obtain all titles and easements necessary to provide clear title or authority to construct and maintain the proposed project. 4) ElWb:Llity The grantee acknowledges that disbursement of progress payments by the State does not constitute acceptance of any item as an eligible project cost until all project costs are audited and determined eligible. 5) Inspection The grantee agrees to allow State inspection of all project work and audit of related records and data for which this grant is offered at any reasonable time. 6) Records The grantee agrees to maintain project accounts and records which verify the -grant eligibillty of project expenditures. These accounts and records shall be kept apart from non -Brant -eligible local records and from those records maintained for the purpose of other State or federal grant programs Involved In the project. 7) Prostreas Reports The grantee agrees to submit periodic progress reports on the prqposed,project as required by the State. 8) Chanite Orders The grantee agrees that all project change orders wLlI be submitted to the Department for approval in accordance with IS AAC 73.020(d). 9) Damages The grantee acknowledges that the State is serving only as a funding source for this project and as such Is to be held harmless by grantee from any claims or damages arising during or as a result of this grant assisted project. 10) Municipal Bond The municipal official having custody of the construction account must be bonded as authorized In AS 29.23,520. 12) Grant Cancellation The grantee acknowledges the right of the State to rescind the grant and seek recovery of payments already made on the proposed project If the grant application is found to contain incorrect or misleading information or if a condition contained herein, or In 18 AAC 73 to violated. Special Grant Conditions None I V I Mr. John E. Wise -4- June 28, 1978 Please review this grant offer and related grant conditions carefully and if satisfactory, sign and return the original along with a formal resolution accepting the grant enacted by the Kenai City Council. the grant is required within six months to prevent revocation �fcegeftnl;efeor! No progress payments can be made until the grant offer is accepted, Nothing in this offer, whether or not accepted, may be deemed to constitute a contractual obligation on the part of the State until a resolution of acceptance has been submitted to the Department. The City is to be congratulated on its effort to provide this important commdty improvement. S re" 1. Mueller Comissioner Enclosure Accepted on behalf of the -iypea Name bignature nue Vate by: 0 4 AII CITY OF KENAI RESOLUTION NO. 78-113 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLWWIN0 TRANSFER OF FUNDS BE bWE WITHIN THE 1977-78 GENERAL FUND BUDGET. FROM# Public Works Administration - Transportation ($195) Public Works Adminisiration - Small, Toole and Minor Equipment ($95) TO., Pubw Works Administration - Advertising $290 The purpose of this resolution Is to provide funding to advertise for the position of City Engineer and to ratify the telephone poll conducted June 23, 1978. PASSED By THE COUNCIL OF THE CITY OF KENAf this 23rd day of June, 1978. VINCENT O'REILLY, MAYOR It. 0 mom!"' 11 1- C.&� Mt (M it U III ITIF1.4 THIS AGRUMIENT. antered into this day of to , by and 1,9ouveen the CITY OF Kl:%Al. of Itorle- ruit, municipit corparathns it ofliaska, hereinafter called "City". and Sprald E. BroWnino and Glen M. VPnry herainfifter called "Lossee". That the City, in. consideration of the pnyments at the rents ond the performance of all the covenants herein contained hy the Lessee, does hereby demise and lease to the Lessee the following described property In the Kenai Recording District, State of Alaskas to wit: Lots 9. 10 and 11, Block 2, Cook Inlet Industrial Air Park. Term: The term of this Lease is for 49 years# 1i commencing on the J=day of . July 1978 1 to the &h day of June L077 . at the annual rental if Pawnist: Subject to the terms of noneral Covenant No. 10 of this Leasoo the rental specified herein shall be payable as follooivs. (a) Right of entry and occupancy is autherited as Of the Isth day of July . 1978, and the first rent shall be computed from aucF- date until June 30 o T9 -7T-. at the rate of S 5.24 per day for 3so_ days# equals $ 1.834.00 now due. (b) Annual rent for the fiscal year beginning July t and endlaq June 30 shall be payable in advance, on or before the first day at July of each yew. (a) Rental for any period which to less than one (1) year shall be prorated. based on the rate of the last full year. (6) The rent specified herein is calculated as follows: 23.61Q square feet at$ .-036 per a uare foot per year, or $1 :1 .,212.12 par yearo ano Iu,uuu square fee at S.039 per square foot per yeart or siuz.uO W year# a total of $1,914.12 per year. In addition to the rants specified above. subject to nenarst Covenant'No. 10. the Losses agrees to pay to the City fees as hereinafter provided. (a) Assessments for public improvements now benefiting property in the amount of $ 0/a (b) Applicable taxes to leasehold Interest or other aspects. (a) Bales Tax now enforced or levied In the future. (d) Lessee agrees to pay ell assessments levied In the future by the City of Kenai, as If Lessee were considered legal owner of record of letased property. (4) Interest at the eato of eight percent (11%) per annum and ton percent 00%) penalties on any amount of money owed under this Lease which is YW paid on or before the date It becomes due. Pago One, LEASE Revision 4/20/70 P Tho purpose ~or which thio f, onso ie issued ~tatl sales and offtce butldtng ~lth one ~stdence unlt per parcel. tn accordance ~ith Lessee's tease applt~tton dat~ Febr~r~ 23, 1978, attached hereto a~ hereb~ mde a pa~ of tht$ Tease. ~N~RAL C~V~ANT~ 1. Use9: Ex.pt 89 pr~id~ herein, ony re~lar ue~ o~ Inn(l~ or hoHi~ ~ithout the wrlt~ consent of tho ~ity te proh~it~. Thl9 prohibition shall not apply to uso of erie desJ~tod by tho ~J~ for publfe uses, ouch as poesenfer reFraCtiVe, au~obite pflrkJnff arena qn~ ~t*,~tq. 2, Uses qnt ~nnt~oloted P~hibJt~: ~JJeitatJ~ of oF tho pr~n o'r opo~tf~of any pert nr kind or business or enMrprJ~, ~her t~n es ep~ifleelly ~t brth horpin, u~n, fn or aloft bade, without ~e ~iflen consent of tho ~Jty Is p~ohibft~. 3. ~pou~lnK~f Proper~: Any o~ all perM,! or ~nl pheed ~ uMd upon l~nde or fn belittles ~ violation of prohibitions Mo~ · ~ and/or Jm~und~ by tho Cf~, and when ~ r~ov~ ~d/or impoundS, neb p~ may bo redemed by ~ owner ~erer only u~n ~e peym~t M tho CIW or the ~st8 or remov~ plus sto~fe e~rKee of per ~y, or SS.00 ~r day ~ t~ flee or ~ooh build~K or ~h ~rorart iff ~eess or 6,~0 ~unde ~es welfM, ~ in ~ ogee or say ot~ kind oF P~, m amunt n~ M e~e~ SS. 00 per day, or in a~rdn~ ~th ~r r~o as may be ~or~ra~ in~ r~latfons ~ City's A~ort, 4, C~mi~t t~ Kent and qon-AeoJsnment:. Lessee M pay t~ a~el r~l ~ r~e' epeotfled end not ~ ~sl~ this L~ee or ~y pail, ~r ~, ~r sublet, ei~er by ~a~t or impl~atfon, the whole or any pa~ or the premf~s wi~ut ~i~e~ c~eent at the Cf~, wh~h ~4n~nt ebJl be ob~ed pur~nt ~ t~ r~owfns p~ure: ~) Su~ M, end app~ or, p~o~ lease ~enerer b}- ~e K~ P~inK Commiee~n. ~) Ar~r epp~ by the ~e~i P~n~K Commission, app~ or ~ane~r by ~e CiW ~ ~l~t h vfolaffon ~ tMe pr~f~n oh~l be yoM, md o~ be ~o ~r ea~eHe~ or ~i8 r,~ by the . · S, Trp]~t or DemiM: The ~ss~ e~e M k~ ~e ~mi~e ohs end in f~d ~ at t~o~ exp~, ~re~nK no Mrfp or wa~ ~er~r, ~ r~K ~ ~orl~ th~er~m, wit~ut ~en pemiesM of ~e Cf~, At the expfnt~n or the tern ~, or ~y d~i~n or ~e Lose, ~ ~ee~ will p~bly ~d quay quit end ~er ~e praises ~ b . e, h~ent or Rent:, C~, ~k ducts o~ p~ ~ ohll ~ m~e payaMe ~ me Ci~ or K~l, ~d de~ed M ~e CiW e~ be n~t end preeen~le e~ eompaffble wftu it~u~ ~d a~nd~Ke, P~br ~ p~f or fl~ met~ ~d/~ ~n~et~n or bufld~gs on · oFo, the bases e~l ~bmit e phn or p~e~ d~elopment or p~pff~ ~e Ci~ PI~8 Commission wh~h e~ be app~v~ ~ wr~K r~ ~1 p~Mnent ~puvemente, .biltfdlt Leaeor~ PeSo Two, LP. AfJF. ~evlafon 4/SO/?e T I last address of record in the files of the City. 14. riffor to Lrnaa Acreptanee: The affor tn lease Is made Rubiret to applicable laws and regulations of City, sind 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 Leew to the City. 15. Underlying Title. The Interests transferred. or conveyod by this Lease are grubject to any and all of the covenants. terms or conditiamr. contained In the instruments conveying tide or other interest4 to the City 16. Risrht of lns�ectfon; City shall have the right. at all reasonable times. to enter the premises, or any part thereof. for the purpoqas of inspection. 11. Insurance: Lessee covenants to save the City harmless fram All actions, suits. liabilities or damages resulting from or arising out of any sets of commission or omission by the Lessee. his agents. employees. customors. invitwe, or arlsing from or out of the Lessee's orcupotion. or use of the promise4i demised. or privileges granted. and to pay all costs connected therawith . In Wo coninecdon. the Lessee agrees to arrange and nay for W the followinx: (a) Mile HabMW Insurance protecting both the Nty and/or its agents and the Looms. such Insurance to be evidenced by a certificate showing the Insurance In force. The amount of such public liability insurenre Shan have Wits not less than those known as $100.0003300.00DISS0.000 (b) Lagoa ogre" to carry *mployer's UablUty insurance and WorkmeWs Compensation insurance. and to furnish a certificate thereof to thocity. (a) Insurance contracts providing liability insurance and Workmen's Componsation-shall, provide -for not Ins -then thirty (30) days written nodes to Me City of camellation or expiration or substantial change in, policy conditions and coverage. (6) Lessee agreea that waiver of subropdon spoinst the City shall be requested of Lessee's insuror. and shail be provided at no cost to the City. (4) Cress Lisbilitys ft is understood and agreed that the insurance afforded by this pofty or policies ft more then one named insured. shall not operate to Increase the limits of the company's liabUity, but otherwise shO not operaft to Wall or void the coverage of any one named Insured as respects claims against the some named insured or anployess of such other insured. 1,11. AccounduF Obligation- Lessee agrees to furnish the City an annual sworn statement of gross business receipts and/or an annual sworn sletement of the number of gallons of fuel and oil told and/or any certificate or statement to substantiate the computation of rents or fees. including reports to other governmental. agencies. 19. Collection of Unpaid 91onles- Any or all rents. charges. fees or other consideration which are due and unpaid at the expiration of voluntary at involuntary termination or cancelle" of this Lease, shall be a charge against the Loewe and Lessee's property. real or personal, and the City shall have such Han rights as are allowed by Law, and enforcement by distraint bmialst Loosest 0. /5' Lossm X&— Page rourlZME Revision 4/29/76 4 j LESSEE WWII (.Aite Ge orming b en ry STATO OF ALASKA T111RD JUDICIAL DISTRICT On this 32M day of AAdl a Whro me personally appeared egg- dMG wi—tobo the "or" who executed the above Lease and acknowledpred that lui, Ohe) had thp authority to alp the some, for the purposm stated therein. Pam& 1 11 NOTAqY PUBLIC FOR ALAS My Commission Expires -,5 - c04 _Y6 ACKNOWLEDGIAMMIT FOR PUSBAND AND IMF STATE OF A THIRD JUDICIAL Ill Before me. the u reigned. otary Public in and for the stgta or Alaska, on this day personally a or nd and wife. both known to be tho Persons Whose names are subso to t r ing Lease, and acknowtodged 110-1481114t-thtlf- executed the a as tah"Wwr d voluntary act and deed. am for the purposes nolderstions therein eased. a UNDER MY HAND AND SEAL OF 0 9, this _ day or NOTARY FUBLtC FOR ALASKA My Commission Pxpires: LEASE CONCEPT AND ORVELOPIAP.NT PLAV APPR(IVEn by Kenai Planning Commission this —day of SECIRETARY APPROVED AS TO ISASE PqRM by City Attorney (Iftitials) APPROVED by Finance Director to until APPROVED by City Stanager 1" 45: LEASE AM(IVED by City Council this day of CITY CIM Page Nino, LEASH Revision 4/29/70 CITY OF K£NAi P. O. BOX S80 · KENAI, ALASKA · PHONE 283-7S$S LgASE APPLICATION Hone o£ Applicanc~./~'~ Business Na~e and Address Kenai Peninsula Borough Sales Tax t4o. (1£ applicable) State Bus,ness L&cense No._. (i~. applicable) Telephone ~ ~'~' /"r, SC ' (Check One) Lease ~// Permit . Lot Description,, ¢?-/¢'.".//. ~oal¢ ~ 01~ ... ~oper~ ~o be used ~or ~, %d, / ~/~ C' ~ O~t~ ~ ~,~. /, Description o~ Developments Attach deve~op~nC plan ~o sca~e ph~ed. T~e Schedule ~or Proposed Develo~en~ ~,p.0s~[ C.o~p..~ecion D_~C~ .... Est',hate Value o£ Construct&on (type, construction, size, etc.) ,,~ (1" ' 50'), showing all buildings Dat:e,.:i," .~ .? - ? ~'~ Pa~e 1 o£ & I vescription of Property I (') -r � * 10 �11 .;2 ciIAP FOR YOUR INFORMATION 1. C -r C1 - 15, e!:. 7 0 rd x - 0.3 4 J -6,r 10 - Is,, 0 0 00 0-:j(0 00 rental rate or cost I R OC)o 0 00 Z-=Odfor iNtjDuc,-n?1AL ftnmits required 9 )rr, A!"Opments MOM bmu=ce Required I C)o ()C)o /.3 - Cpfftdbn must be f" by Elm?! d8tO for F. JLEA5& TyiOSPPLICATION WILL 13E A PART OF THE LEASE q@16n 13Y C'mmil PY fift Acknowledged by applicant FpFe 2 of 4 Cro X .. 60 go m i AIA 4A - w- k- vra :t fl.0 -0. FIL go m i AIA 4A - w- k- vra :t fl.0 -0. L Or 01 . ......... N., bo oc K SI-RVCI'URE 4 t i 'I I 1 .4 t V-A &�srrr PIA -P JL*OF 7 0 he 19 400 :--wo t4 .4.1 / z *6011, 4.0 ot Oe wit< 10-4 i I k mpj PA foo 07 WAIMIM", % qo 0&4#0040000 '00004, .61 40 014S 000, f t lk oom� to to., # LOT ld 4 . . . . 11 LOT q J I IYASP OF AIRPORT LANDS Oft FAVILITIES THIS AMMIEW, anti -red hilt, f hie _ fay of "I Corp" ". t... I 9 by and between lisp VITY OF XVI'Al. ;1 111imp-ritfi- issurfelp 1 -tasks. hereinafter called "City". an"d James E, Carter. Sr. d/b/a THE CAR COMPANY hereinafter ctolled That the City. fit consideration #of the w,yetento of the rents the performance of all the covenants hoTein contained toy the hotinfe. 410poi hereby demise and lease to the Lextice the following (1#-*1r1httd property fr. Kenai Recording District. State of.%Ia%ko*. to %vie: Lot 110# Block 2, Fidalgo, Subdivision. I Ttami The. term of this Lease is for 17 years. commem on the 1M day of Julv 1978 - to the 30th day of June . - 1995 . at the annual rental 0-1 T —1.21 5�162 "I th oftion to renew r an. addItIf'on ton years In accordance A; 4 CMDent 91, 1 Pavmentt Subject to the terms or nenerat covenant %,*. to ot NS Lam. ON rental specified herein shall be payable an follows. (a) Right of entry and occupancy Is authorized as of the MWL, day of Julv . 19 and the first rent 9ha!I be computed from suci% 1-78L. date until June 30. 19Z9 - at the rate of S 3.33 per day for 360 days# equals S 1.165.50 now due, (b) Assented rent forThe fiscal year beginning July I. and nrii its.; June 30 shall be payable in advance, an or before the ffryt day of July of n2o!l y4sr. (a) Rental for anyt period which is loss than one (1) year she'l be prorated, based on the rate of the loot full year. (6) The rent Siteafficil herein to calculated as follows: .039 pqr square (M per year. per yar In addition to the rents speaffled above, subject to fleneral COvOOM No 10, the Lessee agrees to pay to the CRY fees is hereinafter provided: (a) Assessments for public improvements now bonefitiz in *a amount of $J 1 fircorzin 1f1&7,1C0 *.payable In accordance with Sch u a AIJ attached hereto an re mage a is rt of this lease. (b) Applicable taxes to lessehold littered or other aspects (a) Sales Tax now enforced or levied in the future. (d) Lam agrees to pay all assessmento; levied in the future hy v the City of Kenai# " it Lome were considered legal owner of record of tossed property. (9) Intmest at the itate of eight percent (8%) per annum and ten Percent 00%) I)MU1611 On OnY amount of money owed under tide Lease which Is not paid on or before ties date It becomps due. IllospOneeLEASH Revision 4/29/76 7 The purpose rot whlah thio l,rnso Is Issued ,Parktng and display of automobiles; future development of au~ ~intenance "fdctltty to be develop~ ~en n~essary sub~t to approvaT by t~ ~nol Advtsory Plonntng amd Zoning ~tsston. tn accordance ~tth Lessee's lease application do~d June 9. 1978. ot~ched ~reto and hereby ~ade ~ p~rt of this lease. 1. ~sep: E~ept ns pr~id~ heroin, any r~tsf uso of Inn(lq or heflJtfee wJt~ut the wrJtton can.t ~tho ~'lty Is p~hibJt~. This p~Mtf~ shli not apply M use ~ arofle dosJ~flet~ by tho ~Jty ~bJ~ u~s, ~h es paS~nK~ Mrminals, au~obJle pflrkfnff ar~s ~ ~e preston ~ op~atl~ of e~y p~ nr ~d of busings OF ~mmorefnl ~flso, ~ t~n os springily Mt forth ~n, u~n, in oF o~fl ~s, wl~ut the wFi~en ~n~m of the PIW Jo pMhJbJt~ O, lm~undin~ of PFnp~ty: Any oF sU p~l · . p~ or used u~n Inndo oF In facilities ~ v~tlon of pF~ibltfons ~; Fm~ 8~/oF impounded by t~ CIW, find when ~ F~ov~ ~d/~ Ii ~nded, ~h pFop~ty my ~ ~ by the own~ thief only upon i~ ~ont M t~ City oft~ ~8ts ~ plus ~roge e~eKeo of K1.00 : per ~y, OF S~.O0 ~ ~y ~ ~ ~ee of ~eh hlldlng ~ eeeh ~2 tn Ii ~ess or e,000 ~s g~s~ weleX, ~ ~ tho ~8e ~ shy o~ ~nd of ~j p~, ~ 8~ut not ~ ~eeed SS.O0 p~ ~y, er ~ 8eeoF~ee ~th such ~j 4. ~m~mt ~F~ont a~ qon-Aesf~m~t: ~o. a~e ~' M p~ ~e ~ r~ a~ f~e ep~lfled ~d not M aesl~ ~ L~se or '~ ~ peri, ~ ~, ~F subl~, nk~F ~ ~nt er ~pJht~n, b w~le oF ~t ~ ~ or ~e pfembes wi~ut ~i~ ~ne~t or the City, wh~h ~n~ent ~ eM b o~ purmnt M ~e~ng pr~ure: (e) 8ubml~ ~, end ep~ or, p~eed ~fe ~Ker ~e hi Pbm~ Commh~, ~) ~ approval by t~ ~i P~K Come.sbu, append of ~b~ by tb Ci~ ~nofl. ~ tssf~m~t ~ vfohfl~ of ems ~ e~ be ~olfl, end ~ be ~o br eo~e~ff~ of ~e ~.e by , ' 8. ~rsahneetofDemlso: The Leesen asTeeo to keep tho ps, amices olean end tn good orde~ et ttSbwn expense, eurferinsr no strip or waste thereof, eoF removing any matsrfal therefrom, without wrettsn pemfaalon of the City, At the expiration or the term fixed, or shy sooner determtnetlan of the Lease, the Lessee will peee~bly and quietly quit and em*~endoF the prmlsee to the City. g. Payment or Runt= Cheeks, bank drafts or poet~ money orders shall be mede payabls ts the Cily or JCerml, and delivered to the City AdmLflist~atfon Building° Kemd, Alaska. ?..Construction Approval end f~tondoFde: Building sonstruotion shill be mt mai presentable end gompetlbie' with its use and eu~ouedln~, P~for to pleoing o! fill mntedal end/oF eonotrdeflon or buildings on a leased area, the Lessee shall submit m plan ef proposed d~velopment o! pl~opefly to the City Plannlnf Commission whlah ehaU be approved in wrMn~r rot Mi pemenent Improvements. · ? Lessor: Revision 4/SO/?G -y- — — -- -,q lost address of record in ilia filet; of the City. 14. Mor to Learte As-ei-ptanets: The offor to lelqp Is Made coil iv -1 to applicable laws and ri-gulathins of City. ;#od may lh, withdriswit withistit notice at any limit after thirty (30) days from suhniNsion thowrof. univau %,nthitt such thirty (30) days tho? Lessee executes and returns the Leago to the C liv. 15. Underlyina Title- The inhwests transferred. or con%-Pv,.-' by this Lease are subject to any -%old all of the cosy-onants. terms or condiGrc contained in the instruments conveying HOP or other intereric to the Cltv. 16, Right of Inspection: City stbill have the r1rist. at fill reasonable times. to enter the prcmiscs, or any part thereof. for the purpn-r-; of Inspection. 17. insurance: Lessee covenants to save the City Juirmlesp -%--f an actions. suits. liabilities or damages resultinir from or .111riftlooff out of ally acla of commission or *mission by the Lessee. his agents. emoloyace. C1143MI"r-P.S. inviftes. or sidaing from or out of the Lessee's orcupotion, or use of the pres-t I -s. o demised. or privileges granted. and to pay alt costs conncctpd thersawith. Ir We connection , the Lessee sirrees to arranora and nay for all the fbilowine: (a) Public liability Insurance protecting both the Fity and lc! - its agents and the Lessee. such insurance to he tovidenced by a certiflanto showing the insurance In force. The amount of such public liability inpurpti— shall have limits not Ion than those known as Jlap.onp/S3cp_nnOnso_gnQ _ (b) Lessee agrees to carry employer's liability insurance end Workmen's Compensedon Insurance. and to furnish a certificate thereof to the City. (a) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days writ a notice to du City of cancellation or expirottion or substantial change In policy conditions and coverage. (6) Losses agrees that waiver of subrogation against the City shall bo requeslied. of Losses's Insurer# and abill be provided at no cost to the city. (a) Cross Liabilltv: it is understood and agreed that the famance afforded by this policy or policies for more than one named insured, ghillU not operate to increase the limits of the company's liability, but otherwise shall IM operate to limit or void the coverage of any one named Insured as respects claims spinet the same named insured or employees of such other named insured. 18. Accounting Obligations Lessee agrees to furnish the Nty An annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any certificate or statement to substantiate the computation of rents or fees, Including reports b olhior governmental agencies. it. Collection of Unvald Moles: 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 Lease, shall be a charge spinet the Lessee and Lessee's property. real or personal. and the City shull have such lion rights as are allowed by Low, and enforcement by distraint Lessee: LOW, Lessors Page Four, LEABE Revision 4/20/18 V_ II STAT£ OF ALASKA TIIISD ,II*MCIAI. DI.qTRI¢"r personally appf~ared ·/~.,,. c ~ (Jt~.~* ~ , knm~'~ te ~ tim m. aut~rt~' to 91gn tho ~mo. for tho pu~osm 9t~t~ thpt. nin. Pt'BI. lC' F¢)tt AL.~$~..~ ACK,qqOWL£DO.qIENT FOR PUSHAI~D AND WlFF STATE OF ALASKA THIRD ,~UDICIAL DISTRICT ) ) aft. Before me, the undersigned, a Notary Publio in end for the st~t~ orAl~oko, on ~Ju da~ pwM~ll~ oppesF~ ~ . husbond~nd w~. bo~ tmown to be ~e p~ w~se '~m~'e~'e ~b~b~ m me tor~oMf Leo~, e~ ~knowtodged ~M m ~-~ ~t~ the ~me es their tree end vot~ eet end deed, ~ ro~ ~e purposes ~ ~IMoFofl~ ~eF~ ~prese~. OIVttN UNDER ,fly HAND AND SEAL OF OFFICB, this ~ day ,19 . APPROVED A8 TO LEASE F~I by city Attorney -_~,v ... (Initials) APPROVED by FI#once Dh*eetoz* APPROVED by City Mennger (initlolo) LEASE APPR~fl~T) by City CouneJl thio l0 _. . dm/of CITY CLERK Pa~e Nine, LEASH Revlelon 4129/76 P ATTACHMENT 6 This lease fnay be renewed for an additional tem of ten (10) yeam at the option of the Lessee. This option must be exercised at lei sixty (60) days prior to the expiration of this lease. LESSEE A LESSOR oil I I I a N 10 SCHEDULE "A" ASSESSMENTS Assessments for sewer have been levied against Lot 10, BloCk 2. Fidalgo Coonrcial Center in the City of Kenal, Alaska. Lessee agrees to assume the assessments as lev ied in 1974 for Sewer Improvement District 73-53. Payments of the aforesaid assessments shall total $1,627.90 and payments shall be made by Lessee as stated In the following payment schedule. On Execution Principal taterAst 4/1/79 160.47 $94.18 4/1/80 173.31 81.34 4/1/61 187.17 67.48 4/l/82 202.15 $2.50 4/1/83 218.32 36.33 4/1/84 235.79 ABAG $1,177.21 $350.69 Interest on the principal portion of the unpaid installment amounts shall accrue at the rate of eight percent (8%) per annum from the schedule due date to the date of payment. A penalty of ten percent (10%) of the unpaid annual Installment shall be assessed for any amount paid after the schedule due date. INITIALS: LESS E LESSOR If -T— I I I I IL I- A I IL- 1 11 CITY OF KENAI P. 0. 90 580 . UNAI, ALASKA . PHONE 2113,7525 LEASE APPLICATION time of Applicant Jamem E. Carter, Sr. Address Post Office Box 212 - Kenai. Alaska 99§11 Business Same and Address THE CAR COMPANY same as above Renal Peninsula Borough Sales Tax No. 3B-06126 (if applicable) StateAusinese License No. (if applicable) Telephone 262-9232 (Check One) Lease xx Permit Lot Description Lot 10, Block 2. Fidalgo Conmercial Center Destred is .nth of Leases June 30. 1996 with option to renew for 10 additional years - Property to be used for to be Contiguous to Lot 9 and will be used for add. Itional parking and display of automobiles and Planned auto fmintenance facilltv to be developed when necessary# subject to approval by the Kenai Advisory Planning 011M Description of Developments (type, construction, gig*, otc.) At this only clearing,,e radina, 'J of Iq to 0 ar� fqpt;1i;@$Jon for 24C "'ro, IrPropos'*at—uo?o-rmamsarnrntenance acility to be deVP oped ano Ispiay or automo i oes, wi when needed. subJect to Kenai Advisory Plannino and Zonlao Comnifision approval - Attach development pion to scale (11, a 501), showing all buildings pla=ed. Time Schedule for Proposed Developments Beginning Date Julv 1. 1978 within 2 vears froi inception date of lease Proposed Completion Date within 2 vqars gf-inceplion date of lease Zstimate Value of Construction *In accordance with terms, for Jesse of Lot 9 DUOS 6/9/78 Signed: )NO, Paige I of 4 a I Jill I Descrip" of PropeM OT FOR I An=al re" ate or eost-..�-SL Zonedfor -r Pormits required 9jj hmmme Required ConsitrucOn must be *UrW by, Co"ISUM date for M40V Mob TWO AMICATION MU 92 A P Appravdo Planning clanotaft our Cftmn Asoi Admwkftod by si Page 2 of 4 f, KA~ql;. O1: AIIII'/~)II'I' I,A~ll~q f)if I;.%~'ll.l'l'..ll.~.q_ THIS A(~RI:.I,:MI~N:T. efllt,l',.cl Iht,, Ihi~ d:,y of ----. 19 , by and between the (~ITY rll' Ki~HAI. ,, h,*:~.. ~tll=icfp**l t,o~,~, =, '-' of Alaska. heroin,liter e.ll~ "CRv. ". and Halter_ C. Church * ' That the C~tt~,. in eonstde-.~tl, m of Ih,. p',.vP~¢nt.~ el' the rett:~ *.*. the ~o~fl~o of all the covenants herein ~Ol~t~t~ll,*d I)). thp I,~.eo, ~ne~ horob)' ~mi~e and lense to the f,,~.Me., the following ~?,~drlb,~l p:'np.rt~. In ~ ,. Ke~l R~ording District, ~tot. ~f.~la~ka: m wit: Lot 8. Mock 1, Second Addition, EtoJln Subdivision. Tm-m.._~ The tom of this L~aeo is far 99 yearn, eammnain$ on the ].iS.. day of July ,1978 . to the ~ day Jun~ , .2077 , at ~he annual rents! o'f $ $3.888.90 ., . Payment: Subject to the t.rmn et ~,~nerul C~enomt Me. tO or thio Leans, therefltal speoiried herein emil be payable as foZlows; (a) RiSht 0t entry and oanupap.~y ~s authorl~e,A as of Use day or July .... , ~..~., and the first rent shall be eomputcd from mm.~ .... date until June 30, ~ma~j~.xxxxxxxxx~xxxxxl~t~xll .Iqec&i~xxxxx.~x xlq~mpzsl~xxxxxxxxxx_xlm~ ~i~M S (b) Armual vent tot* ~he theol yam* bel~innin$ ,Tut), t en~l June 30 elmll be payable in advanne, on or before the first d~y of .~uly of ye. al* o :' (e) Rental for any pet*fed which is less tlum one (1) year 8llU'.l : be pt*ot, ated, hud on the rate er the IHt fuU year. (d) The rent speoifled herein is anleulsted es follows: ~ ~ oqum feet at $ .06 pm' squat'e toot pet* year, ii in add!~on to the rents opseifled above, subJset to (';ene~al '. Covenant No. i0, the Leo0ee sateen to pay to the City tees as hereineCter ;, provided: (e) Aueanmente for publfa Impt*ovementn n.(~ b.e.nertting I)rppnrt bt the mount or $3,179.10, payable.tn eccoreaflce with Scneoule '*A**, &teaches hereto and hereby-tl~ts lease. (b) Applicable taxes to leasehold inte~ant or other aspects, i! (o) Odes Tax now enroraed or levied in the future, Ii (d) Lessee a~'eea to pay all 88#onamenta levied in tho future : tho CRy or Keani, ao f~ Leases were eennidered legol owner of rMord et* !: is)petty, Ii Interest et the ,,ate or elaht percent C8%)per annum and tt, t, : pez~ent (10%) penalties on any amount or mone~, owed under this Lease whiel~ i i bnot paid on or berot*e the date it boeorqP, s duff, :,/'eKe One, LEASE Revldon 4/20/'/8 h ...Il ........ ~., ... '"'-: Tho purl)o,~ f~r which this l,~ss, is is~u(~l A bo~llng alleys iff accordance wtth Lessee's lea~ application dated February 6, 1978, attached hereto and hereby made a part of this lease. (TE.MERAL COVF.~A,~T.q 1, Uses: Rxeept as prevld~d h~r~,in, any regular us~ of landq or facilities withot~ the written consent of tho City is prohibited, This prohibition shall not appl.v to use of areeq dosli~mited by the c'. fry for speoifie,I nubile uses, such as passenger terminals, automobile f)arkinp,, areas nad 2. _Uses 'eat Cnnt,,mnioted PeohlbW,d: solicitation of donnti,)n, or tho promotion or operation of any pert or kind of~usinees or ante*pries, other than as speoifleall.v set forth horplfl, upon. in or above sirport lends, without the wriRen consent of the c'ity is npohlbited. 3. lmpoundinqr of PrnperW: Any or all pe~eonst nr rest prone-tv plated or used upon lands or in raeilitlen in violation of prohibitions may bo removed and/or impounded by the City. and when M removed end/er impounded, eueh property may bo redeemed by the owner thereof only upon the payment to the City of the oextn o! removal plus storage charges of St.00 per day, or $6.00 per day in tho ease or eeoh building or e.a~h airorort Irt exoeaa of 6,000 pounds frost weight, or in the ease of any other kind of propmy, an amount not to axe, Md $6.00 per day, or in a~'o*donee with 8uoh Mfher rets H may be inoo*poroted into regulation8 of ~lty'a Afrpert. · 4: Commitment for.,~eflt and qon-Ae.isJnment: Lessee to pay me annual rental and feed specified qnd ~oi to aaul~',n this Lease or any part, nor let. nor sublet, either by front or tmplfenUon0 the whole or an)* part or the premises without w~itten content oF tho ~Ry. whioh r~np~nt ~ be obtained pursuant to the*~"~ng pro~eduro: (el 8ul~nittol to, and ~pproval~or, proposed Item t~ansFer by. the Ke~ai Pionnin~ Commission. . (1)) &Re* approval by the ~enai PlAnninj~ ~',~mmlmdou. final approval or treader b)' the City Coutuil. An)' assignment in violation of this provision shall be void, end shall be ITOUnds er ~noallatfon ortM8 Lense by the City. . . ' S, 7r.stmont, or Demise: The Lessee re;teen to keep tho premue8 olean and in food order at itt own expense, suffering no strip or waote thereof, nor removing any material therefrom, without w~ftton permission orthe city. At the expiration orthe term fixed, or any mono* determination or the Lean, the Lessee will peo~eably and quletl)' quit and surrender tho premises to the City. 6. Payment of Rent, Cbe~ks, bank dearth o* postal money orders dull be made payable to the City of Kenai,and delivered to the City Administration Building. Konai. Alaska, ?. ~t".o_ nstruotion Approval and Standards: Buildin~ ~onetruetlofl aludl be neat and presentable and ~ompauble wlt~'Re use and aurroufldingpJ, Pt*for to pissing or fill mote*let and/or eonetru~fon o~ buildings leased asea, the Lessee shall submit a plan or propom~d development or preperty to 'the City Plonnln$ Commission whioh shall bo apps~)~ed in wrRinf for permanent improvements, IMtisie: r~eooorl Page Two, LEASE last address of record in tile files of tile (*fly. 14. Offor to Lefisp Acreplane4s: The of(Pr in lvaqe is Matto 9-titile-1 to applicable Jaws and regulations of City. and may lie withdrawn without notice at any time after thirty (30) days from oubmiqsIon thereof. unles-t will,iol such thirty (30) days the Lessee oxecules anti returns the T.eoqo to the City. 15. Vilderivinir Title: Tile Intererts transferred. or convnyr-ft by this Lease are subject to any and all of the covsannts. terms or conditio ns contained In the instruments conveying title- or other interevtq to the City. 16. Right of Inspection: City alwill have the rivist. at all reasonable times. to enter the premises, or any part thereof. for the purpnws of inspection. 17. Insurance- Losses covenants to onva the City harmlest f --r aU actions. suits. liabilities or damages resulting from or arising out of any sets of commission or omission by the Lessee. his agents. 0111010yeest custor"f-rlt. Invitees, or strising from or out of the Lessee's orcupotion, or use 4f the prani -4,- q detalsed, or privileges granted. and to pay all costa connected therewith . Ir this connection. the Leases agrees to arrange and nay for all the followina: (a) Public liability insurance protecting both lite t3ty and/or Us agents and the Lessee, such insurance to be evidenced by a cartiflent" showing the Insurance in torce. The amount of ouch public liability insurnn- shsH have limits not less than those known as $100.000/$300.000/$50.000 (b) Lessee agrees to carry employer's liability Insurance and Witwismon's Compensation insurance, and to furnish a certificate thereof to am city. (a) Insurance contracts providing liability insurance and Workmen's'Compensation dhall provide for not less than thirty ('10) days written Rodeo to the City of cancellation or expiration or substantial change In Policy conditions and coverage. (d) Losses agrees that waiver of subroption against the City shall be requested of Lessee's insurer. and shell be provided at no cost to the city. (e) Cross Lfabilifts it is understood and agreed that the old insured. insurance afforded by this pollicy or policies for more than one Ram StAll not operate to Increase the limits of the compsiny's liability. but otherwise shall not operate to limit or void the coverage of any one named Insured as rupwu claims against the same named insured or employees of such other named Insured. 18. Accountinff0blivation: Lessee agrees to furnish the #'fty An annual sworn statement otgross; business receipts and/or an annual sworn slatment of Me number of gallons of fuel and oil sold and/or any aertifiesta or statement to substantiate the computation of rents or fees, including reportq r to other governmental agencies. 19. Collection of Unpaid ftnies- Any or all *rants. charges. fees or other considered= which are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease. shall be a charge against the Lessee and Lessee's property, real or personal , and the City shall have mob Hen rights as are allowed by Low. and enforcement by distraint Lessees AM Lessors PagsFourPLEASE Revision 4/20/76 .0 A I - ------- ---- ------ STATE OF ALASKA THIRD JUDICIAL DISTHIrT On this �� dRY of I i A.4 -i 0 19 hPill MO personally appeared IA )a=p C. C j)jj gem Wniowi to—be the persnr. who executed the above Lease and acknowledged that fie (she) hnd thp authority to sip the same. for the purpose; stated therein. N Vnit ALASVA My Commission Expires: 5 -r=.- 3(3 ACKNOWLED091ENT FOR PUSBAND AXD 1117IFF STATE OF ALASKA THIRD JUDICIAL DISTRICT Before me, the undersigned. a Notary Public in and for the St2to of Alaska. on this day personally appeared and , husband and wife. both known to be the persons whose names are subsoribed to the foregoing Lease, and acknowledir,04 to we that they executed.the one as their free and voluntary act and deed. and for the purposes and collons therein expressed. GIVEN UNIDER MY HAND A14D ORAL OF OFFICE. this day of NOTARY PUBUC FOR ALASKA My Commission Expires: LEASE CONCEPT AND DEVELOPMFNT PLAN APPROVED by Renal Planning Commission this )0-11' sy of Ir) 1 19 , 17 SECRETARY APPROVED AS TO LEASE FI)RIVI by City Attorney APPROVED by Finance Director (Initlels) APPROVED by City Manager - (Intuds) LEASH APPRnVED by City Council this _ day of IS--. CITY CLERK Page Nine. LRASH Revision 4/29/76 I QQ SCHEDULE "A" ASSESSMENTS Assessments for sewer have been levied against Lot S. Block 1. 2nd Addition, Etolin Subdivision, in the City of Kenai. Alaska. Lessee agrees to assume the assessments :s levied in 1974 for Sewer Improvement District No. 73-S3. Payments of the foresaid assessments shall total $3,179.10 and payments shall be made by Lessee as stated in the following payment schedule. On Execution Prfacinal Interest 4/1/79 333.89 $ 195.96 4/1/80 360.60 169.25 4/1/81 389.4S 140.40 4/l/82 420.61 109.24 4/l/83 454.26 76.69 4/l/04 490.60 39.26 $2,449.41 s ng.69 Interest an the principal portion of the unpaid Installment shall accrue at the rate of eight percent (8%) per annum from the schedule due date to the date of payment. A penalty of ten percent (10%) of the unpaid annual Installment shall be assessed for any amount Paid after the schedule due date. INITIALS: Lessee Lessor 7-7 i LVASE OF AIRPORT LANDS OR PACIIATIVS THIS AGRERAWNT. entered into this day of 19 —1 by and betiveen the CITY OF KENAI. a homp-rule municipal corporation Of Alaska. hereinafter called "City". and R. L. Roper d/b/a Marine Products Sales and Service hereinafter called "Lessap". That the City. In consideration of the payments of the rents and the performance of all the covenants herein contained by the Losses. does hereby demise and lease to the Lessee the following described property ir tt- Kenai Recording District, State of Alaska; to wit: Tract 8, City of Kenai Boat Ramp and Right -of -Way Dedication. located within the City I imits of Kenai* Alaska. Term: The term of this Lease is for 29 yearst commencing 9WIR-6th 4ay of July 1978. to the Wth day of ;i June 7—h L7. at the annual rental 0-r Favinent: Subject to the terms of General Covenant Xo. 10 of this Loam, the renial specUW herein shall be payable an follows; (a) Right of entry and occupancy is authorized as of the 6th day Of JUTY , 1978. and am first rent shall be computed from suag— date until Jun 30. "W . at the rate of $ 6.15 per day for 359 days, equals$ 198497-IF—Im due. (b) Annual rent for the fiscal year beginning July I and ending Juns 30 shall be payable in advance. on or before the first day of July of each Yew# (a) Rental for any period which is less it= one (1) year shall be prorated, based on the rate of the lost full year. (4) The rent specified herein is calculated as followat 4.02 acres wpaltaAft at$ 390-00 - - ow g4wwa*"vyx)w, acre per =*xxxxxxxxxxxxxxxVwpow year, or wwu.*B per -year. In addition to the rents specified above, subject to General Covenant No. 10, the Loam speas to pay to the City fees as hereinafter provimt (a) Assessments for public improvements now benefiting property ht the amount of $ n/a (b) Applicable taxes to leasehold interest or other aspects. (a) Sales Tax now adomd or levied in the future. (6) Less" agrees to pay all measments levied in the future by the City of Kenal. as 9 Loam were considered legal owner of record of lee"d property. (a) Interest at the tate of eight percent (8% per sianum and ten percent 001) penalties on any amount of money owed under this Lease which in not paid on or before the date It becomes duo. 0, 111-1 R a -huffleau"Llm WA4x9VWbWX Page Ono. LRABE Review 4/29/76 The purpose for which this Lease Is Issued IS, Docking end unloading facilities and marine equipment warehouse and repair shop OFNERAL COV17VANTS t. Usefi: Fxcept as providnd herofn. any regul-ar usp nf I Or thcHU109 without the Writton consent of the Cliv is prohibited. This prohibition shall not apply to use of arms designated by the f7ity for soev public uses, such as passenger terminals, automobile nnrkine arcan fint! 2. Uses Not Fnntemalated P"ohlbitpd: 5allcitntion of don., or the promotion or operation of any part or kind of business or cormerei enterprise. other than as specifically so forth herpin, upon. in or nliovp airport lands. without the written consent of the rity is Prohibited. 3. Impoundina of Prapertv: Any or all personal or rial n placed or used upon lands or In facilities in violation of prohibitions may removed and/or impounded by the City, and when so removed an4/or impounded, such property may be rfdoemed by the owner thereof only ut the payment to the City of the costs of removal plus storage charores of 41 per day. or $5.00 per day in the case of each building or each aircraft In 0XV088 Of 6,000 pounds gross weight, or in the case of any other kind of property, an amount not to exceed $5.00 per day. or in accordance with f higher fees as may be incorporated into regulations of City's Airport. 4. Commitment for Rent and Von-Assilanment: Lessee agr to pay the annual rental and fees specified and act to assign this Lease or my part. nor let. nor sublet. either by grant or implication, the whole ol any put of the premises without written consent of the City. which conse sWU be obtained pursuant to the follow I; procedure. (a) Submittal, to, and spbroval of. proposed lease transfin the Stud Planning Commission. (b) After approvat by the venal Planning Commission. fk approval of transfer by the City Counell. Any assignmeM in violation of this provision shall be void WoU be grounds for 013=61111tion of We Lease by the City. 1 5. Treatment of Demise: The Lessee apses to keep the pf@MWB clean and in good order at its own expense, sufferine no strip e waste thereof. nor removing any material therefrom. without written permission of the City. At the expiration of the term fixed, or any soone3 determination of the Loan. the Lessee will peaceably and quietly quit ane surrender the promises to the City. 4. Pavment Rentt Checks. bank drafts or postal money orders shall be Made payable io the City of Kend. and delivered to the City Administration Building. Kenai, Alaska. T. Construction Approval and Standards% Building traction 81M be neat and presentable and compatible with Us use and surroundings. Prior to placing of fill material and/or construction of buildings on a leased am, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved In wrftinff for all permanent Improvements. thilials: Less"I Lessors Page Two, LPASH Revision 4/29/'70 4 . Lest address of r~ord In tho flies nr tho ('Jly. ~ o~lleaMo lows ~nd re~lntion~ of ~'tty. ~nd ~Y ~ wt~d~wfl WtI~III ~h ~ifly (30) days the Le8~e px~utes and r~rns tho f.en~o ~ the 15, Undovl~Jnff Title: The introits trnflsfrrved. ~ ~ this ~se are ~bJ~ to flay nod nil of the e~flnts, terms ~r ~nMJn~ in the Jn~t~ments conveying tJtJP ~r ot~ JflMr~t* to the 16, ~ City e~ll ~vo the Fight, at r~ble times, M enter ~e premiss, oF any part ther~f, foe tho ~ ~e~. ~ ~, siM. l~bilities ~ dameg~ r~uifln~ from ~r a~nM~ our of ~ of~mies~n or omission ~ ~e Losseo. his agents, ompl~e. ~s. o~ ~ein~ f~m oF ~t or the L~see'e ~pot~n. or use of the dmi~. oF p~es ~td. aM to pay oil sods ~M~ therewith. ~ ~fln~iofl. the Gees~ a~eee M ~ran~e end oaf for ~1 ~e (a) ~bl~ Ihbfli~ insuFan~e prot~fln~ ~th me ~f~ e~ng tM ~aMe in farce, The a~unt ~ ~h ~bUg i~bflfty o~ bye HmIM M ~os ~ ~o~ known as, $100.000/S300.000/SS0.0~ . W~en'e ~p~tion insure, ~ M f~ a certificate theFP~f M (e) ~e ~n~e pr~M~g ~bJtl~ insurers and Wo~en*o C~p~t~ s~l p~Me for nm ~oe ~n tm~ (~0) ~n M~e M ~ CiW or ~oe~ or ~p~a~n or ~bmn~ e~ge m (d) bern e~o ~t w~v~ ~ ~b~gatlon ag~ the ~ be ~ d Lease's ~m, end ~1 ~ pro~ at no ~et m (e) Cm~ L~bfll~:, it ~ undev~ and a~ ~st the ~e a~ ~ ~e ~ ~ ~ee f~ more t~n one ~ ~ted, ~ m ~e~ m ~ ~e limits ~ the ~p~y's liebfl~, but othe~wM ~H ~t op~ m hit ~ void ~ ~e ~ any ~e n~ ~ as m~ ~e~M, 18, A~nfln~ Obliaat~n: bone e~m m ~bh ~e ~tW an ~ ~ torment or ~se bursa F~pM snd/o~ an un~ ~o~ mtem~t of ~e number d f~s or fuel ~d oil ~ld end/oF any ~ m~ent m ~bmn~ tM ~m~mfl~ or r~ or f~e. JMlud~g 10, Call.tbs of Unpaid Monies: Any OF all FretS. charles. ~ ~he ~eHtion which a~ duo and unpaid at b ~pWot~h ~ ~ hvoinn~ ~miMtbn oF eanealletiou of ~le L~u, eMU be a ~hm the Leans aM Leeeee'8 p~. real ~ p~pnal, ~ ~ City eholJ ~ve 8~h H~ dahte as ere elbw~ ~ Law, ~ ~em~t bY distraint Initials: RevJolon Pa&q) Four. LF, ASB r__ - - __ �IF i , - I 16 �._ . _:_ , . W_ , , , Id? I --I- --- - 11118FIFF —Zd I STATE OF ALASKA THIRD JUDICIAL DII;TRICT OnthIs,2C? dayof- M, I 1 %2, . 1921. herip'. personally appeared gA)gpe kn is" tt, be the n, i, t who executed the Above Lease and 4eknowledsred G u lie (she) had this authority to sip the spine. for the put-poqo# stmett thermn. j9M& Fe t`4�1 X. —ARYPVBI:& FOR %LASW-% My Commission fxpirex;:�Law_ - ITO ACKNOWLEDWIENT FOR PUSBAND AND WIFF STATE OF ALASKA as. THIRD JUDICIAL DISTRICT Before me. the undersigned. a Notary Public in and for the Stit- of Alaska, on this day personally appeared and . husband and wife. both known to be persons whose names are subscribed to the foregoing Lease. and acknow! -+yeA to me that they executed too same an their 11ree and voluntary act and desn'. and for the purposes and considerations therdin expressed. OWEN UNDER MY HAND AND BEAL Of OFFICE. this _ day of lie NOTARY PUBLIC FOR ALASKA ?Ay r.ommission Expires. - LEASE CONCEPT AND DEVELOPFF, T PLAN APPROVED bg Rest Planninst Commission this to a?_.Pay of K6 0 0, "L �# /I) A SECRETARY APPROVED AS TO LEASE FORM by City Attorney APPROVED by Finance Director fil is A"ROVED by City Manager LEASE APPROVED by City Council this day of CITY CLERK Page Nino, LEASE Revision 4/29/76 a oil .0 j Is Ur AWN411 F. 0. Box $60 - UNAI, AIASYA - PHONE 202-7535 LEASE APPLICATION Home of Applicant v" -I Addwess___j?,., Ar. c: 14, 'C 17 �-f I Business Same and Address 14 Komi Peninsula Borough Sales Tax No. (it applicable) State Business License So. (If'oJilicable) Tolophonq_1,5LI - LL. f jj (Check One) Leass�Perait_ Lot Description Y.I., 13 I'Lj 'Z ;t /1' Desired LoWh of Leasot 4", 1 Property to be used for Ij NJ Description of Developments (typo# construction, size, ate.) J& -i4 rs4�` J:tujjr)jtj1r -rn Al F7, .14', A W-49YUCUSF- 4 -3t%6p 4 �-:, M-rACA-IF 0 PJ,10. Attach development plah to scale (1" - 50% showing all buildings planned. Time Schedule for Proposed Development: Beginning Date 110, In, it"*. f4 a" "I W70 Propos d C lotion Date 7RA Estimate Value of Construction Data t 4- o- 79' Signed 1 7 - /.Ira fe. � 1. Page I of 4 k Description of Property -vt "u- i ri IT -4 11 C. FOR YOUR INFOIDIATION Aramel rental rate or cost Zoned (w IM W;T#.1#AL Permits required Ms -i 1J- I-) I to r;� Assessments MONF, Insurance Required -t i r,r nr.6 /1 Rnr r. I Cmsbwtbnmudbes.bwtedby_Lk�-ITPIOI-I '-�) . 4 A .1. IF, A '0 E.- Codpletion date for major (Ionstructin THIB APPLICATION MU BE A PART OF THS LEASE Approve* Planning Commisdon. By city Council By Receipt Acknowledged by applicant Page 2 of 4 I 0--" L J LEASE OF AIRPORT LANDS OR FACILITIES THIS AGREEMENT, entered Into this Ist day of 1918, by and between the CITY OF KENAI. a-Fw—e-rule mun7cTO'corporation Of Alaska. hereinafter called "Cftyu and Avi P Mpt a f&t thereinarter callid-Te-i-sW—." That the City, in consideration of the payments of rents and the perfornence of all the covenants here] n contained by Lessee. does hereby demise and lease to the Lessee the following described property In the Kenai Recording District, State of Alaska, to wit: Counter Space 028 (60 sq. ft.) and cargo space (18 sq. ft.) first fl(mr, Terminal Building, Kenai Municipal Airport, as described In that certain deed from the United States of knerica to the City of Kenai filed in Book 27, Page 303, Komi Recording District. Term.- The term of this Lease is for one ye r. comcing on the lst day of rury, 1978, to the 30th day of June, 1979, :t the monthly rental of $ 63.64 9 or S 762.48 annually. P!Mnt: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: (a) Right of entry and occupancy Is authorized as of the Ist day of July, 1978. (b) Rent for the fiscal year beginning July 1. 1978 and ending June 30, 1979 shall be payable In advance, on or before the first day of each month. f. i !I tjc) Rental for any period which Is less than on@ (1) month shall be prora based on the rate of the lost full month. The rent specified herein Is calculated as follow: 60 square feet at S .90 per square foot per month, or 154.00 per mgnth, and 18 square feet at S .63 per square iroot par month, or 19.54 per month. In addition to the rents specified above, subject to General Covenant No. 10, the Lessee agrees to pay to the City foes as beftfnefter provided: (a) Applicable iaxes to leasehold Interest or other aspects. (b) Sales tax now enforced or levied in the future. (C Interest at the rate of eight percent (60 per annum and ton percent (10%) penalties on any amount of money owed under this Lease which Is not paid on or before the date ft becomes due. (d) Additional charges as set forth In Schedule "A", attached. I Tho purpose for whtuh tlti~ I,r~m~ la iasutqJ I~: Car Rental Space. Counter Space and Tire Storage Space t. Uses: £x~npt ,~ provld~ h~pln, nny ro~l~r u,o of I~n,'~ ~flitico without tho written eofl~nt of tho City is prohibitM. This ~Jflon shll not apply to riga of 8rg~q dOGJ~ h~' th~ *'JtY ~or 2. Uses ~ot ~flntemolnte~ Pp~hihlt~,,: ~fllieit~tion of ~t~. ~ ~ fl sp~J~ly ~t fo~h ~potfl. u~. Jfl aP ~ve el~ lams. wi~ut tM wrtRen ~neo.t of tho PIW la oMhiblt~. 8. ~dinK of P~rt?: Any or eft .e~flel tip ~eM p~d or u~d u~n Innda or In f~ilitie6 In violation of prohibitions ~ay ~ ~/or ~p~fldd by ~e ~iW, and when ~ r~av~ ~d/or ~~, ~h pvop~W may bo e~e~ by tM owner th~f only ~t W the C~ of tM ~ste of rem~ plus ~rage e~gee of ~l.O0 ~y, o~ J5.O0 ~r day ~ the ~ or a~h ~fld~K ~ ~h ~ah in ~flo or 6,000 ~uMs ~ss wei~, oF iff ~e flee ~ any o~or ~d or p~p~, m I~uflt n~ M exg~ SS,O0 per day, oF ~ a~rdofl~ with 8uQh 4, ~mmitm~t for q~t and q~-~epi~flmeflt: L8sqff p~ ~ ~ F~ ~d f~s ~fi~ qnd ~t M a~ei~ tMe L~aee or ~, M~ !~, ~r ~blet, eib= by ~ont or ~pl~a~n. t~ w~b or pm ~ the p~mi., wRMut wriUen tonsil ~t tho ~. whfoh ~ ob~ p~ut M the roH~inf O) 8u~RAI to. and app~ or, p~ ia. ne ~ eW~ ~ ~eF ~ the ci~ ~.~ ~ bff ~ehtion or ~io Lean by the ~ o~ ~ ~ ~o~ ord~ at 1~ own express, urr~f do ~f~ ~r. ~ t~n8 ~y mau~l ~ef~om. wltMut ~~n of b Line. the ~e. will p.~bly and qu~ly quR and 6. Ps.edt or R~k Chuks, ~ dHrto OF ~ ~ney oFdffo be m~e ~yeble ~ ~e C~ or KeMI, sad deliv~ M ~e Y, ~otM Appt~ md Stafld~do: Buiidin~ be mt ~ ~FmenMble ~ oompatible wi~ t~ use md ~roundinf~. M pM~ or fl~ mate~i~ and/or ~n~oti~ or buildings on o ~e ~ue o~ submit ~ p~ or p~M~ fl~elopment of ~o~ ~uHt Im~vmento, ' Two, LFASR q~lnlon 4/89/?0 STATS OF ALASRA TIIIRD JUDICIAl. DISTRICT ) per~nafly ~ppoarod ~. ~~--- . kn~h~[~n the n(:~.~, ~. 8ut~ri~ to sign tho 9nmo, for tho put'poam Mat~ thprMn .' ACK~OWLEDGMEXT FOR PUSBAND ANn KIFF STA'L~ OF ALASKA THIRD JUDICIAL DISTRICT ) )~. ) Berate me, tho undersisfled, a NoMry Fublio In and For tho or AItoJm, on this day personally appeared _. and , husband ~nd wire. both known to bo persoril whose names 8Fe oul~8~t~ed to tho roretroing Lease,- and o~Itnmv! to me that tluy exeouted the mime ss their f~ee end voluntary set find dee~4i. ~d rot, the purposes end.aonatderations'the~ein, expressed. of GIVEN UNDER MY HAND AND SEAL OF OFfiCE, this ----- do.v ... , ~OTAR¥ t~JBLIC FOR ALASKA - MF P, ommlssfon Pxpi~es: LEASE CONCEPT AND DEVELOPlm~IT PL~q APPqC~VI~ by Kaset Plannln~ Commission thio ,~ day of ,19. · SI~CqP. TARY ~BD A8 TO LEASE FORM I~ City Attomay (inRlall) APPROVED by Fhnee Dkeetor APiqtOVED by City M~r~g~ ~ Onitlels) LEASE APPROVED by City ~oonell this .... lO · .,. day of '' CFTY CLERK Page NIne, LEASE Revision 4/20/t6 SCIIIII)III,11, A 'f:11fedftIV4—_JjL_dnyof__ Jyly —0 IOM—. beltween file CITY 01" ji-SAI. a home- rule musticipal corporation of Alabl.a, hers-litafter called "CITY" 1,11,1 Avis Rent A Car . 11PSHIT. 1. In addition to the rents specified an the per rquaro foot basis, IXSSFF :jrrs-eF� to pay to the CITY tin additiossol charge for the privilePe of conductinr bui-Inpiwes Ist'l ,Is; authorized computed by the fellov. Ing percentages of LPSEFF's rroqs receipts. ptly, 0,1v t -n a monthly basis, in the event said gross receipts exceed the per fiqunrc foot hoide rL.W.-II rate. as follows; (a) 10% of time and mileage charges (b) Thirteen percent 03ti) of gross receipts from odes of personal accident Insurance. (a) The term "Rent-A-Car Business" es used In this agreement, shall mean the business of renting passenger care and trucks for periods of time not in orcess d sixty (60) days. ?sob rentol transaction shall be by a separate agreement, and any extension of use by the renter d the period of time originally comtracted for shall be considered a separate rental transaction. The contractor shall furnish to the Airport Manager. for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business originating at the Venal Municipal Airport, and shall further advise the Airport Manager when additional contract numbers are assigned for the Airport operations. Gross revenue of the rent-a-cer business shall be the total amount of do time and mileage charges an car rental transactions. Orm revenue from the sale of air travel insurance shall not include bom fide refunds made for cencolled policies. All payments shall be made monthly within ton days aft�r the end of each months and shall be accomplished by a separate certified statement showing gross recelpte from each of the businesses herein authorized for the month for which payments are made. It any such certifted statements are found to be incorrect datements of gross revenue for the month involved. any additional omount determined to be duo the CITY shall be immediately paid to the CITY by *a contractor and any amount of overpayment by the Contractor shall be credited against the next monthly payment due the CITY under this agreement. S. The purposes for this lease we as follows: The right to conduct a business on and from the Airport. The right to conduct the business of making arrangements for hunting d fishW9 trips, for air taxi services, for charter flights. for rent-a-plone services, (or metal and hotel reservations, and for long distance telephone and telegraph services. Lesseel - Lessor I q 3. To uceupy couteler r-Issice In all orva and in n Aluringer. Sisch couistur tot be romitructed hr the Cunt to be;-pprievel Py Me Airport Monger, $ueh tiptlee i pUrpoiv i-welit IturFuml to a impurate arri-ement fol- j 4. The ripht to faiju parking spaco for one vehic point neer tho Terminni fluildinr ns doeffmnled by tilt doeigm-ted In other parking areas for not more than INITIALS: Lessee Lessor a Pap 2 of 2 -4 a 7 ("Tille V1. ,11:,elinte'll Its cri4ritet. dided 111t day of July , 19 (Vol #I.ecity girlo-f-A, firreip.-I'ler 7l.—Ile r1fiFITY". ;i7nF--A­VFs-jFeRt_k —car 1;,smallones 11q. called "MAM01 The (t- sylifee, livemunt. lasr.ml s permittee. etc. , as apprisprinte) for himself. hit; 1wir:1. pervisoM succensors in interest, And vsafrns. av a part of I#:., emn4deratfort hereof, does heretsy covenant and agree (fit the citre of do.-rolt, :sial livases add fing a covenant running Wth the hind") that In the event facitilia-pi stra constructed, maintained. or otherwise operated an the sold prol-4 NY detwribed In this (deed. Ifecolile. lettse. permit, etc.) for it purposr fur t% hicit a Department of Transportation program or activity is extended or for another purpose Involving the provisions of similar services or benefits, the (ri-sitice. licensee. lessee, permittee, etc.) shall maintain and operate such facilftics and services In compliance with all other requirements imposed pursuant to TWO 40. 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--rffectuation of TitleVI of the Civil Rights Act of 1964. and as sold regulations may be amended. (If this attached to license. lease. or permit, then): That in the event of broach of any of the above nondiscrimination covenants, City of Kenai shall have the right to terminate tho (license. lease, permit. etc. ) And to ro-enter and repossess said land and facilities thereon, and hold tho same as If said (licensee. leaRo. permit. etc.) had never been made or Issued. (if this attached to deed then). That in the event of imeach of any of the above nondiscrimination convenants. City of Komi shall have the right to re-enter said lands and facilities thereon. and the Above described lands and facilities shall thereupon revert to and vast in and become the absolute property of City of Kenai and Its assigns. The (grantee. licensee. lessee, permitteo. etc. . as appropriate) for himself. his personal representatives. succossors in interest. and assigns, as a part of the consideration hereof. does hereby covenant and agree (in the case of deeds and loset; adil "as 4 conveniont running with the land") and 0) no person an the gmads of race, color, or national origin shall be exohoilod from 1pardelpation in, denied the benefits of. or be otherwise subjected to* discrimination In the use of sold facilities , (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon. no person on the grounds of race, color, or national origin shall be excluded ft-om participation in, denied the benefits of. or otherwise be subjected to Wearimination. 0) that the (grantee, licensee. lessee, pormitee. etc.) shall use the promises in compliance with all other requirements imposed by or pursuant to Me 49. Code of Federal Regulations, Department of Transportation. Subtitle A. Office of the Secretary, Part 21. Nondiscrimination In Federally assisted proarams of the Department of Transportation --Effectuation of Title VI of the Civil Rights Act of 804t and an said regulations may be amended. That in the event of breach of any of the above nondiscrimination covenants. City ofitemi shall have the right to terminate the (license, lease, pamit, etc.) and to re-ontor and repossess said land and the facilities Wroon. and hold the same as 9 said 01consoo lease. permit, etc.) had never boon made or issued That in the avant of broach of Any of the above nondiscrimination covenants. City of Kenai shall have the right to ro-enter said land and facilities thereon , and the above doscribed lands and facilities shall tharoupon revert to and veat In and become the absolute property of City of Kenai and Its assigns. IMTIALS: Messe f— - Loasor ASSIGNMENT OF LEASE FOR COLLATERAL The undOrGicined* TEAMSTERS L40CAL 959 BUILDING CORPORATION, hereinafter referred to as the Assignor, for TEN DOLLARS (010.00) lawful money of the united States of America, and for other good and valuable consideration, does hereby assign and transfer to ALASKA MUTUAL SAVINGS BANK, hereinafter referred to as *Bank", all of its interest as lessee in the following described lease and leauehold estates Lot Nine (9), Block One (I)# COOK INLET INDUSTRIAL AIR PARK# according to the official plat thereof, filed under Plat No. X-1447, records of the Kenai Recording District, Third Judicial District, State of Alaska. TO HAVE AND TO HOLD the same unto the said Bank, its representatives and assigns, from the date hereof for and during all of the remainder yet to come of the terms of said lease. The said Assignor (lessee) hereby covenants to and with the said Bank that the assigned promises are now free and clear of and from all former and other gifts, bargains, sales, leases, judgments, executions, back -rents, taxes, assessments, and encumbrances. The Bank hereby assumes and agrees to abide by all the terms, conditions and restrictions pertaining to the above- deacribed property as contained in the plat thereof, or in the terms and conditions of the above -referenced lease, provided, however, that this assumption by ALASKA MUTUAL SAVINGS BANK shall take effect and will be enforceable against said Bank in the event and only in the event that the Bank takes possession of the promises under and pursuant to its Dead of Trust hereinafter referenced and becomes the owner of the referenced lease. The Bank shall be privileged at any time hereafter to reassign any interest hereby acquired to the said Assignor (lessee). This Assignment shall be void if the said Assignor (losses) shall perform all of the covenants, including any for payment of money, contained in a Deed of Trust Note in the amount of FIVE MILLION DOLLARS plus interest, secured by a Deed :jof Trust, which Deed of Trust and Deed of Trust Note are dated j on thd A022 day of 0 0 1978, and all other ,,lagreeme—M—entered Into between the said Assignor (lessee) and the said Bank under which the Assignor (losses) is obligated to lhe Bank. If the Assignor (lessee) fails to pay the above described Deed of Trust Note, or any other obligation owing to Ithe Bank, the Bank may foreclose this Assigment under the term of the above-described Deed of Trust. IN WITNESS WHEREOP, the undersigned have hereunto set their hands and seals this day of 1978. LABOXONORs "all " 'Iffl; TEWTERS LOM 959 MUM MUTUAL SAVINGS SANK SU=ING COPMOMTION fly I �� r6ed*ff Its& Vice Preoldent By: - A - - - / q OLA ge Its$ or. Ats Plesident Ja I I F - STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT THIS CERTIFIES that on this 4e A- day of 1978, before me, the undersigned, a Notary Public in And for the State of Alaska, personally appeared "A '99F.— ! ofte C known to me and to me known 0 e the BUILDIN of TEAMSTERS LOCAL 95 BUILDING CORPORATION# and acknowledged to me that he signed the foregoing document on behalf of TEAMSTERS LOCAL 959 BUILDING CORPORATION# being authorized to do so, as its free and voluntary act and dead for the uses and purposes therein contained. WITNESS my hand and official seal the day and year last above written. .e"'o -47 PUBIAC 114 14Y C014HISSION EXPIRESs STATE OF ALASKA go. THIRD JUDICIAL DISTRICT THIS CSRTXPZES that on this 26th day of jun 1978, before me, the undersigned, a Notary Public in -and for the State of Alaska, personally appeared 1p;anj A R hard Anal known to btaw"Me Inoww"n, to nA _Vjgs_PZfiS"gnt & r. V ce rsaldmt — Of ALASKA WTUAL SAVINGS BANK,an-d —AdMow'.Eedg—ed to me that he --signed the foregoing document an behalf of ALASKA 14UTUAL SAVINGS SAM, being authorized to do sot an its free and voluntary act and deed for the uses and purposes therein contained. WITNESS my hand and official seal the day and year last above written. Wry, NOTAW PUBM I AND POS A- T MY COMKZSSION EXPZRESs A/2180 f PAGE TWO k- - �6 it -') CONSENT TO ASSIGNMENT FOR SECURITY The City of Kenai, Lessor in Agreement by and through its City Manager, 0 hereby consents to the assignment, for Security purposes, of the right, title and interest of the Lessee in the above referenced agreem nt to ALASKA MUTUAL SAVINGS BANK, 601 West Fifth Avenue, Anchorage, Alaska, 99501. DATED this day of 1970. CITY OF KENAI OFFICE OF THE CITY MANAGER TATE OF ALASKA BIRD JUDICIAL DISTRICT THIS CERTIPIES that on the day of 979* before me the undersigned, a *t-ary Public in and tor the tate of Alaska, personally appeared Lty Manager, City of Kenai, and he . -- -wed to me that he xecuted the foregoing instrument freely and voluntarily on shelf Of the City Of Kenai, for the uses and purposes therein at forth and that he is authorized by said City of Kenai to 0 80* NITNESS my hand and official seal the year and day set above written. NOTARY PUBLIC IN AND FOR ALASKA my COMMISSION WIREGS PROJECT MANAGERS ALASKA INC PMA irm DRAWER 4040, KENAI. AK MIMI TEL 190712V13-35413 0� 883 3B49 City of Kenai Tnvoice #,,In*yo P. 0. Box 589 June 26, in7p Kenai, Alaska 99611 I JUN 2 6 1978 ATTENTION: Keith Kornelts, Public Iforks Director Ross Kinner, Finance Director JUNE 29, 1978 INVnICE Thirty percent 30t rayrent for Project CoordinationlInspection Services as follows: RDA 007-51-26965 'Redoubt Way Improvements -1977 301 of $ 2l,400.004 A 720.0n/ EDA #07-51-26966 Water 4 Sewer Improvements 1977 ... 30t of 3,800.004 1,140.00V RDA 007-51-20074 91 Water Storage Tank 1977 -------- 30% of 27,800.00 8,340.00-/ EDA #07-51-26997 Paving of Airport Road 1977 ------- 301 of 2,200.00 660.00-/ EDA #07 -SI -26998 Street Improvements 1977 301 of 3"%W.00& -14, L-0-0, 0 0 TOTAL FEE 301 of $48,800.04 14 AAe-. 0 0 0. a T_ - - -- - '_ -- - -,% 61migir-77 G, ChevAOR PALO&WtA; Jet Fuel; MaWenmce; RepaLt; Rebuitd; Mobile FueUng; Satvage 00 n CA 24 June 1978 P. 0. Box SO Ketwi, A&4ka 99611 John Weise City Manager & City Council Kenai, Alaska 99611 Dear Sirs Due to a shortage of available ground lease for aircraft tie - down space, Arctic Aviation requests the City of Kenai to survey and plot the property adjoining the south taxiway on the Kenai Municipal Airport. -Axwtic-Aviation is interested in aquiring this propertj on lease from the City of Kenai to be Used for aircraft parking and tiedown. President JwS/Gj Puft 0 AeewosUeA; Pilot SuppUe,6; riA vomi Reaw; Fught u6tuotion; chm&4 r F1 L ED EMERY E M E R Y Inlet Insurance Agency COMPLETE INSURANCE SERVICE Xr. John 1-liesp City 713nager city Of Kenai BOX $80 Kenai, Ak. 99669 RICH EMERY MOo Ono, Kona; Spur Rd. P.O. 001091 Soldoina. Alaska 99669 6/24/78 Pe s Airport U04.1 it,- - Coverage. Dear Johns liken we wrote the app2ication for the airport 31abi2itir quote, we did not lGiou that float p2anes were operating off the small lake on the airport propart,-r. Idkew-Uet when London quoted the $100000pOOO. coverage on the Kenai Airport the7i did not Imov of this addIt4cna3 hazard. They quoted w $6000D. plus taxez �- �305 for a total of $6,,235-00. 1 do not kncar how thev became aware of thouse of the fie2d bv float planns, but they contacted us a couple days agot and advised us this hazard vould raise the coat of the policy another $15co.00 p2w trices on sew. If the city doesn't idsh thin coverages then London can Issue as applied fors bn+ aM ni an exa1usion on Us policy excluding any liabilitIr from the 7 We W4&Ky recommend that the city author;We us to place the float plans coverage, an we consider this a considerable hazard to the city, if not covered. I would think that something could be worked oft with thenewero, where the City could be reimburse d to at least the cost of this extra insurance expense. Aleop It appears at this time that the bid we gave the City will be a little higher than the act=% Cost of the coverage %hen it is Witten., so I am sure we w1U have In the bid fUwe snoa& cushion to pick up this additional premium of a 21tt2e more than $20500.00. I an sorry we were not aware of this use before submitting our bids so that the London Clompanies could have IncIvAed this cost In their original quote. Zw* you for yow consideration of this matter. Please advise our office as to pur decision on this float p2me hazard. 0.00 to Ross Kinney *urs Pea* 7A to next to the last paragraph, whm j say the bid we gave the citys I mean the wwall bld for the entire programs not the bid on the airport policy. B.Z.B. r I Ln OU June 29, 1978 TO: HONORABLE MAYOR� AAND �CICOUNCIL I CITY FROM: JOHN E CITY MANAGER At its regular session of Jun e 28, the Kenai Planning Cammission discussed water and sewer engineering projects and agreed to recommend to the Council the following projects; 1. Engineering of Airport Way between the Spur Highway and Trading Bay for sewer. This would be In adjunct to the current realignment and water installation project. 2. Engineering for water and sewer generally along the trace of the Spur Highway fran Forest Drive to Redoubt Boulevard and engineering a stub down Redoubt to the end of the line at Mommsen in the vicinity of Third Street. 3. Engineering for water and sewer on Main Street froin the Spur Highway to Willow Street. 4. Engineering for water and sewer on the presumed extension of Lawton, on Tinker Lane, to the vicinity of _,Squ4res Road. iV��S. Engineering of a water loop line between Inlet View and Central Heights. 6. Engineering of a sewer line extension on Willow Street from the Airport terminal to the vicinity of the FAA tower. I a asking for Council's review of these projects and approval for Its listing of engineering proposals of those projects which they desire to have engineered in the immediate future. There are $160,000 In CEIP funds available for this work. JEW/eh a T IOVAL OF COST COLU14MI uscolmoof beef"#* SOL L a P0091CIND #nev. WIN Wages" ZO It" I 0-1- F9RlOO1C ESTIMATE FOR PARTIAL PAVJu16HT -comweacT 00. MANS AND LOCA11010 Of P4009CY 1#Aftz1A1.nL*AV% NO OW'"A. %vAVLx c% b%%%ZAbAWpA !#4%3%n &Avg AND 1002410% or CONUAGION &AXA9-0;Lft C.A0GLpQLV.M4" 52.04%4 %%ALUtft"% VNVAW pbb1MCp%&(.& - 2&e&yj% INROS-02 - - 01114100C 91119"Ale go, 9 sea 0098#00, tt'M - To 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY Entries swag be United a soth and cases under she orillipal canwrace only. (We* and con data undo chanSt ordelo is to be shown in Part .1 W #his form.% Columas (I)Ihmusb (S't. rotor Joss shown in columns 1, 2. 1. 1 sod 9, Srsprctively. on Ilotm Vf',l I I prwpa:ed b) Coalescent. Columns; (6) and (7). 9sear all sorlg Completed to date under atisinal contran. Columo (8)6 Eager do difference between *allies in column& 0) and (7). Column (9). show Pascal folio of column 0) 0 column (s). CONTRACT C0600LITSO To Gals COST of N$Go#Pfmw OF IT940 W01COVOL6190 coup so. Ow"T. 400V 090 VOT61. COST Q'A"T' Vag&, gop WO49 WNW waif "I as got oil lot "I too %*AA4WA "24.V10-01 102.0in-6,; 110 -OWL t"CrA" Goo CC 4Wj qo*A% AS IOVAL OF COST COLU14MI uscolmoof beef"#* SOL L a ~"'""-T" WORK PllPOllllO ' ~,,,~ t~,,, ~~J ', CJ~l~lJlJl~ 01 IlCHITJCf , Napolm" GURVICTS DIii SUPWINIGION HAROLD H. GALLIM, JR. REGISTI[RED CIVIL ENGINEEIR 28 June 1978 Mr. John E. Wise City Manager City of Kenai Box 580 Kenai, Alaska 99611 Subject: STATEMENT, Professional Engineering Services, Water Supply & Distribution System Improvements - 1976 EDA Project No. 07-01-01684 1 April 1978 Through 28 June 1978 'I- — 74 ANCHONA Bear Si r: This letter is my statement for professional engineering sery rendered in connection with "Water Supply & Distribution System Improvements - 1976#11 EDA Project No. 07-01-01684, from I April 19 -through 28 June 1978. The engineering services which I have performed are authorize by my contract dated 2 October 1975, and the amendment thereto dat 11th June 1976. My charges for BASIC SERVICES in connection with the work described in paragraph a. and e. above, under paragraph IV A of nW contract, are as follows: 1. Tine a. Principal Enqineer Galliett, H. 12 Hrs. @ $40.00/Hr. $480.00./ b. Employees Galliett, M. 6 Hrs. @ $20.00/Hr. 120.00,/ a 69m, 2. Expenses At Cost Transportation $83.50 Reproductions 2.20 Heals 11.31 Mileage 5.00 Parking Fees 2.75 Tel & Tolls 13.69 Postage 2.75 Xerox 3.48 Supplies 1.64 Miscellaneous 36.00 Expenses Prorated In Accordance With Engineer's Hours On Job 162. 32 3. Total Time & Expenses, BASIC SERVICES $762.322, My charges for SPECIAL SERVICES in connection with the work, under paragraph IV 6 otloW contract, are as follows: 1. Ti am rujujupal cnqjneer b. CO - 131N 4 Hrs. 4 Hrs. @ $40.00/Hr. $160.00/ 2. Expenses At Cost Miscellaneous 12-00 Expenses Prorated In Accordance With Engineer's Hours On Job 3. Total Time & Expenses, SPECIAL SERVICES $252.00 -2- a .9 The distribution of my charges for ttme and expenses through 28 June 1978, ts as ¢ollows: a. BASIC SERVICES Contract /~ount $98,886.00 · ' 2. Less Previous Pay,ants: 27,544.46 / 7,192.13 / 5,279.00/ 4,142.66 / (g) Total, previous payments for BASIC SERVICES e Current Contract Balance For BASIC SERVICES 4. Less Current Eorntngs for.BASIC. SERVLCES 5. Pending BASIC SERVICES Contract Balance .SPECIAL SERVICES 1. Contract Amount - 88,342.28 $10,543.72 - 762.32 ./' $3G,900.00 .'" 2. Less Prevtous Payments l;!$ ' 4,301.00/ bc ' 13'772'23'/ - 200.00 '/ - 9,231.86 / - 1,555.28 '/ - 398.68 -' tgi ; 2,149.74../ (h) Total, Prevtous Payments for SPECIAL SERVICES - 31,608.79 Current Contract Balance For SPECZAL SERVZCES $5,291.21;. '3' 4. Less Current Earnings - 252.00 For SPECIAL SERVICES S. Pending SPECIAL SERVICES $5,039.21 -- Contract Balance Engineering costs versus estimated progress under my engineering contract has been as follows: a. Contract Amount $135,786.00" b. Cost Through 218 June 1978 - 120,965.39 � c. Current Contract Balance $14,820.6 F� d. Current Cost/Contract Amount 89% 9. Estimated Progress of Engineering 96% M14ENT REQUESTED --------------------------- L11014.32 43 Very truly yours, A t -- WQCk Harold H. Galliett, Jr., Registered Civil Engineer HG:mg a k -4-