HomeMy WebLinkAbout1978-07-19 Council PacketKenai City Council
Meeting Packet
duly 19, 1978
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MALSTON
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COUNCIL NEETING OF
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-A(IEND& -
K~.NAI CITY COUNCIL - RF. GULAR MI~ETING
JULY 19, i~/6 - ~: O0 P,M,
KE~AI PUBLIC fJAFETY BUILDING
PLEDGE OF ALLEGIAHCE
A. ROLL CALL
AGBHDA APPROVAL
C. PBRBON8 PRF. SBNT SCHBDULBI) TO BE HEARD
I. Mr. Joseph Lonwston - Cent~ HeIsMo 8/D - City water
..~. ~?. Js~J~ Thomnmn - 1~ or ~ me~ fnot*etse (Lot 10 AlyesJu 8ubdiv~n)
I, NJlJlltOl or the ~ meetbif or JUly 6, 10';8
g.
!. FMC Btptfm Chu~h - f~quest to hold ~,evtvd on City or'ned bads
F, OM)
I. LIbo 8~*eet o BDA Pl~Jeat OT-M-SSOS8 - a)st est~ f~
O. NBW BUflNE88
S. App~oul of re~ mmeedf~ $800
l. Ch~ 4A*~8. Deolsdnf publfo nulmn~ edst on Ge~ p~ within the City
4. O~dlmMe 4~J-78, !~md~; ~M ~venuesleplm)p~ la Abl)4m fend 8ySNm
, 'OYdfntn~lf4~';8, Anundlnf~d.'40&.~8,' pmfobs i M'ofldureo In Imse ~r AM londe
· Iba)lution 78-114, emeMfoM~ refuleffono t updstfnf t~t~o rm. lentil of Ft. Kemy
$. RMoluflon Il-lie, AuthoL*lsb~ ~M~~lo ~~ PolfaeDept.
~. Jtea)iu~m 78-11~, Aut~'i~nf 8udit of C~piUl Pt~eot Fund "Xemd ~,aumun~ Librel.~#
10, Rmohthm ?f-ilS, ~'nnsb or funds - cspiUl P~e~t Fund "Aipofl D~e Psvtnf'
LJ. RMc4utfon ~8-1~1. kutholPt~_~ role of mn*plus tinko f~om iholiow well IMdldinp
14. Lmso or City ownM Imub - Kenot Penfneul8 Cammunity Cm.e Cente~
H. Asdlnnont or 8sdsnment of sublamo - Lot t-A. Deoh~ 8ubdiv~
Il. Papnent to Project Mlnof~l Aheks. Ino. - 8u~eylnf 8m*vf~eo on LPW ProJeots
11. Popuent eo Peet. Msf~flok. Mltohell · Co. - iSle/f? Couno'd on Affnf t Nut~nol Audito
M. Pol~nent ~o Wfn~e-Co~ tm* vm*fouo enfineeL*j~ p~oJeats sutho~ by City
1~. ~ o~ t44q)bone ~o~ - aq~unt to.i.~oJeot Mmufeo/d,k~. In,.
f0. ~ d Mephone poU - ]removal of tlG. ee powe~ polel ea lCalmu Wsy
SI. ~ of tebpbone poll o upf~*sdlnf or Lup~e Way
4, C~f~ CMk',
8. Fbmae DG'eo~'o Repm*t
6, Pllnntnj · Zoninf Comml#fon'o Ripo~t
~. i~sh Assembly'o Repofl
!. I~ PRBgBNT NOT KI~OULEO 'ZO BB HBARD
. 1
CITY OF KENAI
ed")
ORDINANCE NO - 419-78
AN ORDINANCE OF THE CITY OF KENAI REPEALING: (A) CHAPTER 19
J OF THE KENAI CODE OF 1963 AND ALL AMENDMENTS THERETO (ENTITLED -TRAP-
FIC OFFENSES") AND (B) CHAPTER 13 OF THE KENAI CODE 1963 AND ALL AMEND-
MENTS THERETO (ENTITLED "PENALTIES & OFFENSES") AND ADOPTING IN ITS
PLACE TITLE X111 IN RECODIFIED FORM.
WHEREAS, the Renal Code of 1963 and all amendments thereto contain: (a)
Chapter 19, entitled "TRAFFIC OFFENSES" and (b) Chapter 13, entitled, "PENALTIES
AND OFFENSES"; and,
WHEMAS, it is in the interests of clarity and efficient government that the
above described chapters should be treated under one section, since they both
relate to law enforcement; and,
WHEREAS, at the same time, the above described Chapters are In need of
substantial 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
defender for the defendant at the City's cost;
-2. The elimination of the treatment of certoin serious crimes which
are best left to State Criminal Statutes, which already cover
these areas; and,
3. The rewording of certain othar offenses in.order to.malce them less.
prone to judicial attack on the b4sis.of more recent court decisions
concerning the constitutionality of ordinances treating such sub-
Jects.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai,
Alaska, as follows:
Section 1. Chapter 19 of the Kenai Code of 1963 and all amendments thereto
are hereby repealed in their entirety.
Sibadoif 2. Chapter 13 of the Kenai CoOe of 1963 and all spendments thareto
are hereby repealed in their entirety.
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Section 3. Title XIII, OFFENSES & PENALTIES, is hereby eng
codified form, which is attached hereto and made a part hereof.
CITY OF KENAI
ATTEST:
Sue Peter, City Clark
7- 7-
Vinoent OtReiny, Buyor
FIRST'READING: j1dy'51,1978
SECOND READING: July 10, 1978
IMIM nil"
%0A "In a ro i asuguns 1UP Ma
I I NMI IIIIIIII I IIIIIIIII IIIIIIIIIIII
TITLE XIII
05
Offenses and Penalties: General
10
Offenses Against Decency, Morality. and Public Polii
15
Offenses Against Peace
20
Offenses Against Property
25
Offenses Against Public Authority
30
Alcohol on School Grounds
35
Traffic Offenses
W
Chapter S. Offenses and Penalties: General
13.05.010
Penalty
13.OS.020
Attempts to Conunit a Misdemeanor
13.05.030
Aiding in a Misdemenaor , Etc
13.05.010
Penaltv
Any person, firm or corporation who shall violate any provision of
this Title by doing any act prohibited or declared to be unlawful
thereby or declared to be an offense, or who shall fail to do any act
required by ouch provision, or who shall fail to do any act whed such
provision declares such 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 falls or Is prevented or intercepted in the perpetration thereof, is
guilty of a misdemeanor, and shall be punished in the manner pros--
cribed for the attempted misdemeanor itself.
13.05.030
ALdinF in a Misdemeanor, Etc.
When no punishment for counsoling),-Abetting, or siding
'-61m
of aparticular misdemeanor -to expressly prescribed by ordinancev,
every person who counsels, abets,, or aids another in the commission or..
such is guilty of a misdemeanor, and punishable in the same manner as
the principal offender.
Chapter 10. offenses Against Decency, Morality, and Public Poliev
13.10.010 Miscellaneous 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
U shall be unlawful for any person to;
09"M i
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;
Chapter 10. offenses Against Decency, Morality, and Public Poliev
13.10.010 Miscellaneous 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
U shall 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.
Bell cigarettes or tobacco in any form to children under eighteen
years;
3.
Knowingly perform any act of sexual Intercourse, fellatio or,cral
copulation with another, or any act of the boastiality in any street
alley , park , or other public place;
4.
Solicit or seek the old of a person for the purpose of committing
or assisting to commit any unlawful lact;
V-5se--Wilfully
expose or -exhibit
-place or an the private promise* of another j,or,editear-theroto as:'
to be seen from'such private pronisesi-.prov.idadi.-however.t
section shall not be construed to prohibit the exposure of puch
organs or the person In any place provided or act apart for such
purpose;
G.
Knowingly exhibit or display in -a public place any picture , photo-
graph, painting, print, image, statuary , or cast depicting acts of
human sexual intercourse, fellatio , oral copulation, or bestiality;
7.
Engage in window peeping; and,
9.,"
Beg in any streett alley# place of business, or other public placo-
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13.10.020 Loitering and Sleeping on the Streets. Etc. After Midnight -
Schools, Etc.
1. It Is unlawful for any person, without lawful reason, between the
hours of 12 o'clock midnight and sunrise, to loiter or wander alm-
lessly within the City on the streets. in other public places, or on
property of another; 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 premises 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 "Cuitdw: Houror Accompaniment; Parental Resoonsibility; Evidence
1. No person under sixteen years of age shall be upon -or in a street,
alley , public building, place of amusement and entertaiment, va-
cant lott or other unsupervised place, between the hours of ten
o'clock P.M. during school term or eleven o'clock P.M. at other
time, 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 compe-
tent and adult person , or be upon an emergency errand or legitimate
business directed by his parenti. guardi*, or other adult person
having the core and custody of the minor.
2,. No parent, guardian, or otheT 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, 9r, other places as.listed in %to seen
tion, between the hours of ten oPelock P.M. dWing school term or
sloven o'clock P.M. at other times, and five o'clock A.M. of any day ,
unless such child shall be accompaniod by his parent or other compe-
tent and adult person, or to upon an emergency errand or legitimate.
business directed by his parent, guardian, or other adult person hav-
ing the -care and custody of the minor. In any prosecution for the vio-
lation of any provision of this section, the presence of any person un-
der sixteen years of age, not attended as herein required, upon any
of the public streets or other places as listed in this section shall be
-fdoemed prima facie evidence of the,guilt of such parent -and. of tthe Wo-,,
ladon of the provisions hereof.
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13.10.040 Gambling: Definition; Acts Prohibited
1. Gambling as used in this section 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 the
other the loser. Excepted from this definition are bingo, raffles,
ice pools, and related activities of a bons fide non-profit nature
under a valid and existing permit issued pursuant to law by the
Department,of Revenue, State of Alaska. The burden of proving
that the act complained of falls within the exception noted In this
paragraph shell be upon the person charged.
2. No person shall attend or frequent or invite another to attend or
frequent any place where gambling is permitted or any place 4
operated or occupied as a common gambling house or room.
13.10.050 Crueltv to Animals
Any person who shall cruelly beat, torture, misuse, deprive of food
or water, or otherwise mistreat or neglect any anfinal or fowl shall
be guilty of a misdemeanor.
Amended page as of 0/2/78
6
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Chapter 15. Offenses Against Pence
13.15.010 Miscellaneous Offenses Against Peace
13.15.020 . Unlawful Assembly Prohibited
13.15.010 Miscellaneous Offenses Against Peace
It shall be unlawful for any person to:
1. Discharge a fiream within the City limits not specifically desig-
nated 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
an area specifically designated as provided In this section. Said
resolutions are appended to this chapter, marked Appendixes I
and UN and are Incorporated herewith.
2. Bell, offer for sale, or display any dirk* knife, or knives having
the appearance of a pocket knife, the blade or blades of which can
be opened by manipulating a button 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.
13.15.020 Unlawful AssembIv Prohlbit;d
It Is unlawful for two or more persons to assemble together or,being
assembled togetheri lo act In concert:to.do.any unlawful act against. -
41. Ir.1the peace, or,tothe terr -of othersviovto make =y; movement Wren.,a,,v,
to or any preparation therefor. or *therwise to. assemblelogether. un-..
lawfully or riotously.
AMENDED PAGE
6/20/78
CITY OF KENAI
RESOLUTION NO. 75-38
A RESOLUTION OF THE COUNCIL OF TIIE CITY OF KENAI, ALASKA, AS AMENDED.
DESIGNATING A CERTAIN PLACE WITHIN THE CITY LIMITS AS BEING A PROPER PLACE FOR
THE DISCHARGE OF FIREARMS.
WHEREAS, the Council of the City of Kenai Is 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 specific -ally 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
10
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, 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 set out In Section 2:
Beginning at the centerline of the mouth of the Kenai River where the westerly
Une of Section 6. R11W. T5N, Seward Meridian crosses the Kenai River,, thence -
easterly along the centerMe of the Kenai River to the east line of Seed 6
RI1W*!T5N# theme southerly along the ctenterline of -the Kenai- River -to Na�nt_:
TZqti190j,=dsupstream of the small boatioadingwamp-on, the Kenallikoevvi4hene nu-,
a 'j I
easterly.to.the living natural tree.line,, thence. following the now-natural.living.
tree line to within 100 yards of the Kenai River Bridge crossing road, thence
poutherly. =aintaining a distance- of 100 yards from the Kenai River. Bridge rogd
and papallel, -to said road to the north high watqr bank of the Kenai River, thence
easterly along Uke nortly high Water bank of therKenai River. to a point 100 yardb
east of the Kenai River Bridge crossing thence northerly maintaining a 100 yard
distance from the Kenai River Bridge crossing road to a point where maximum
high tide waters reach, thence following this tide line easterly to a point
where the tide line Intersects the west bank of the Kenai River downstream
of the Loretta Knackstedt residence, thence easterly to the centerline of the Kenai
Riverp thence northerly on the denterline of the Kenai River -to a §oint where thd
?f1r1'.1"!!44verrthwiftews east to west thence eafterly-along
River to a point -where the Kenai River flows south to,north, thence easterly
to the west line of Section 11, RUW,-T5N-- thence on a line due the flext
west bank, upstream, of the Komi Rive;. thence following the"nia"tuoral maximum
high water bank of the Kenai River upstream, including all sloughs , backwaters
and in -flowing tributaries, as far as navigable from the main stream of the Kenai
River, to a point where the Kenai City limits crosses the Kenai Rtver on the
APPENDIX I Page 1 of 3
(13.15.010 Ell)
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south 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
10, 111111 , T5N)
R shall be unlawful to discharge any firearm other than a shotgun in the above-described
area,
Section 2. Within the area above- described. It shall be unlawful to discharge a
shotgun at any point which is within 100 yards of a residential or commercial structure
or of a maintained street or highway,
Section & Nothing contained herein nhall 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
areas while retrieving wounded birds.
PASSED BY THE COUNCIL OF TIIH CITY 01: KENAI, ALASKA, this day of September ,
1975.
A%`TBS Ts
Nter, City- Clark
NO. 76-38 Pege Two
CITY bl? KENAI
47tI
A. ELSON , MAYOR 4i.
APPENDIX I pegs 2 of 3
(18-16,010 Ill)
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APPENDIX I Page 3 of 3
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CITY OF KENAI
RESOLUTION NO.75-41
A RESOLUTION OF THE COUNCIL OF TIIE CITY OF KENAI, AFASKA. DESIGNATING
A CERTAIN PLACE WITHIN THE CITY LIMITS AS BEING A PROPER PLACE FOR THE
DISCHARGE OF FIREARMS.
WHEREAS, the Council of the City of Kenai to enacting OrdfnanccVo. 262-75 which
declares that it shall be unlawful for any person to discharge a firearm in any place
witkin 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 P proper place for the di scharge of
firearms.
NOW, 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 sot out hi Section 2.
Beginning at a point being approximately Mile 6 on the'Kenal -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
-the oad
Chy Umits, thence southwest along -easterly edge of Marathon,lt
o -O".1", e, intersection of Marathon Ros&aAd a,line drawn-from,the intet-y-m iJ1,;
Awbm.Af Davidson Drive andthonKenai4purat right angles-tothe.end,
of the runway of the Kenai Municipal Airport, thence southeasterly along
e., - mch line -to the intersection of Davidson. -Drive and the Kenai Spur o. thence.
east Aong the northerly edge of the Kenai Spur to the point of beginning.
Section 2. It shall be unlawful to discharge a firearm at any point which to
within 100 yards of a residential or commercial structure or of a maintained street
or highway.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2k,11 day of September,
ATTESTs
GIL
iee - Peter, City Clerk
6
?I afog�op'v ,
AJA&A181 A. ELSON, MAffOR ',
APPENDEK 11 Page 1 of 2
(13.16.010 (11)
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C_hsptcr 20. Offenses~Agflin_st. property
13.20.010
13.20.020
13.20.030
13.20.040
13.20.050
13.20.010
Placing Signs, Etc. on Property of Another
Throwing or Shooting at Persons or Property
Trespass
Trespass: Notice
Structures in SWeets, Etc.
Placing Signs, £te. on Property of An. othoJ'
It is unlawful for any person to place, stick, tack, paste, post,
paint, mark, write, or p~int any sign, l~.oster, picture, announce-
ment, advertisement, bill, placard, device, or inscription upon any
public or private building, fence, sidewalk, bridge, viaduct, post,
automobile, other vehicle, or other properly of another without the
consent of the owner or person in charge thereof.
13.20.020
ThF. owing ox, Shooting at Persons OF Property_
It is unlawful for any person to throw or shoot any stone, shot, or
other 6bJeet'into or a~ross any street or ~fly, oF in any place where
he fa ~ely M ~t anther person.w~ngfully ~ to inJ~e properS,
~ to thF~ OF shoot ~ stone, shot, o~ other object at ~y pe~son,
v~elo, s~o~re, elee~e ~ght,- o~ ot~ pro~W of ~o~e~
· (whether pubfle ~ private), e~pt ~ ~ where such ~ done Ju~ti-
· fl~ly in ~med one~, of a~r ,pe~son, OF, o(,prope~., ~m.~, ,, ..
13.20.030
1. If any person other than an officer on lawful business shall go
oF trespass on any land or premises in the lawful occupation of
another, and shall fail, neglect, .oF refuse to depart therefrom
immediately and remain away until permitted to rattwn upon the
veFoal oF printed or w~'ttten notice of the owner or person in the
lawful occupation of said lands oF premises, such trespasser
shall be guilty of a misdemeanor.
.... 19.~0.040 Trespaas= Noflqe .... ? ...... ~',~.- :- ..........
..... : ......... '" ""*' '": ........ "If the owner oF' person in lawful ~ecupation of lands or premises f .....
causes printed or written notices, to bo pissed on said premises .
With the na~e of the person in lawful occupation or owner of said
~ · lands oF premises attaohed by authority, end requiring all per-
sons to forbear trespassing on said land oF premises, such notice
shall be held and deemed to be sufficient prima facie evidence of
notice as mentioned in the last pr. acceding section.
13.20.050 Structures In Streets, Etc.
Any person who places, erects, or occupies within any stree
park, or other public area of the City, any hut, hovel, shant
other structure whatever not authorized by proper authority,
of a misdemeanor.
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Chapter 25. Offenses Against Public AuthoritV
13.25.010 Miscellaneous Offenses Against Public Authority
13.25.020 Resisting Officers, Etc.
13.25.030 False Representation to an Officer
13.25.040 False Fire Alarms
13.25.010 Miscellaneous Offenses Against Public Authoritv,
ft shall be unlawful for any person to:
1. Impersonate an officer or employee of the City, or without at
ift fn exercise or attempt to exercise his -ower or duties
2. Resist arrest by a police 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.
3. 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 insti-
tution , . 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, conceal, or tear down any
official notice, placard, light, or barricade placed by City author-
ity without due permission.
13.25.020 Resistinm Officers,
It is unlawful for any person to:
1 . Knowingly or. wilfully resist, oppose, or obstruct the Chid of
Police. any other policeman, a magistrate, or any other officer
or employee of the City in the discharge of his official duties; or,
2. Threaten or otherwise to intimidate or attempt to intimidate any
suchafficer or employee In the disoharge of his official dutieq; or
to assault or beat, or revile, abuse, use abusive or indecent lang-
usp toward or about airy such officer or employee while such offi-
cer or employee is in the discharge of hip, official dutie.s -
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13.25.030 False Representation 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 Fire Alarms
It Is unlawful for any 'person knowingly to turn in a false fire alarm,
or in any manner to deceive or attempt to deceive the Fire Department
or any officer or employee thereof with reference to any fire alarm or
reported fire, or knowingly to cause the Fire Department or Its officers
or employees to make a useless run.
.pt!�.r 30, Alcohol on Schitol orounda
13.30.010 Pontiession of Alcobolic Revorogen Probibited (in Rehoul (boundf',
13.30.020 Conoumption of Alochol Probibited on School Pre-Mitie'ri
13.30.010 Possession of Alcoholie. Reve-rartan Prohibited on Schoul (Ijuunds
No peroon ohall carry or have In poijoasoinn, or under sold peroon's
amtrol. or acccosiblo to said perfjon alcoholic licillor or olcohol bov-
orages on the promises of tiny school located within the City limits,
13.30.020 ConoumptIon of Alcohol on Hchool Prominoo
No porson oball consume, drink, or uthorwbx� ingest any alcoholic bov-
erago or alcoholic liquorn whilo in. upon, or pflouing through any
school promises located within the City linifto.
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Ehaplar AS. Traffle OffIII
13,35.010 State Traffle llegulations Adopted
13.36.020 Duty of [Police Depailtment and 11fre Department
13.35.030 Night Piorking Prohibited
13.35.040 Violatorm to be Towed
13.35.050 Signs Bear the Legfend
13.35.000 Other Xotleo
13.35,070 Use of 131cycle Trfdlt4
AIJEL 11 1141 111k] 11[ 111
13.35.010 State Traffic Itamilations Adopted
There Ifs horeby Incorporated by reference Into thlo code, except no
otherwise provided by this Title, and title 18 - Motor Vehfelef4 of
the Alaska Statutes (1974), tin well an all regulatir a pronjulfsvted
Al
thereunder to the effective data of this ordinance, including but ncot
limited to Title 13 of the Alaska Administrative Coda,
13.35.020 Dutv of Police Do artment and Vire Dep
T 1
1, It 0all be the duty of the Police Department to enforce the street
-traffic regUlations of,thio'City and-tho State -vehicle laws and rug-,
ulationo 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 adminintrationof the traffic.
laws and regulations and In developing ways and means to improve
traffic conditions p and to make outthoso,dutloa specially Imposed.,
upon said department by this Chapter and any other traffic ordin-.
ancos of this City.
2. Officers of the Police Department or such officers thereof , as are
assigned by the Chief of Police , are hemby authorized to direct
all traffic by voice, hand, or signal in conformance with traffic
laws , regulations, and ordinancess provided that in the evont of
a fire or other emergency or to expedite traffic or to saftuard
pedestrians, officers of the Police Department may direct traffic
as conditions may require notwithstanding the provisions of the
traffie laws# regulations , and ordinances.
S., 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.
AMMDED PAGE
6/28/78
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AMENDED PAGE
6/28/78
13.35.030
Night Parking Prohibited
After October I of each fall and until Alay I of the following year, no
person shall leave any vehicle unattended on any City strootbettyeen
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 19.05.010 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 autorived 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 Alnslcu TranRportation Commission.
13.35.060
Pyns Bearinir the Lemend
Siffne bearing the legend.
PARKING PROHIBITED
ON ALL CITY STREETS
4., 00 A.M. TO 8: 00 A.M.
OCTOBER I t6 MAY I
shall be placed in the locations listod.below and at such other locations
as the City Manager may designate,so as to put Vehicle owners and oper-t
ators on notice of the regulatiom,
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 -
era and operators.
13.35.070
Use of Blevele Trails
-A person who operates a motorized-vehicle,on.a,poth or. trail speolf-
todly designed and designated foe bicycles or posted with signs
prohibiting motorized vehicles shall -be guilty-ots misdemeanor and -
upon conviction shall be punishable by a fine not to exceed $100.
AMENDED PAGE
6/28/78
CITY OF KENAI
ORDINANCE NO. 420-78
Alf ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ENACTING
CHAPTER 20, MOBILE FOOD VENDER, OF TITLE V OF THE KENAI CODE.
WHEREAS, the City of Kenai presently has no ordinance regulating mobile food
vending units within the boundaries of the City; and ,
WHEREAS, it to in the public Interest to have an ordinance placing certain coli-
trols on such mobile food vending units so that these operations can be made to
conform to certain standards benefiting the public health and safety.
NOW. THEREFORE, be it ordained by the Council of the City of Kenai, Alaska. as
follows:
Section 1. There Is hereby added to the Code of the City of Kenai, Alaska, a new
chapter in Title V, BUSINESS & OCCUPATIONS, entitled Chaptim 20. Mobile Food
Vender. Sold chapter shell read In its entirety as attached hereto.
CITY OF KENAI
Vincent O'Reilly, Mayor
ATTEST:
Sue Peter, City Clerk
FIRST READING: July 5, 1978
SECOND READING: July 19, 1978
EFFECTIVE DATE: August 19, 1978
6/29/78
a
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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
5.20.000
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 to 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 engage 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.
S. "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
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5.20.020 Application for License
Appincations for a mobile lood vencung unit ncense SnaU De made in
writing to the City Clerk on forms prescribed and furnished by the
Clerk.
1. ITEMS TO BE INCLUDED IN APPLICATION
Applications shall contnin the following Information:
9. The full name of the applicant;
b. The applicant's Social Security number;
c. The mailing, residential, and business addresses of the appli-
cant;
d. The date of the application;
e. The nature and a description of the food vending unit business
or activity to be conducted;
f. The type of vehiclo. license number, and registration number
of the vehicle used as said unit;
I -The--Kenai -Peninoula,13orolugh -seles --tay. registMion number of
the applicant.
2. ITEMS REQUIRED IN ADDITION TO APPLICATION FORM
With the application, the applicant shall also furnish:
a. The original inspection report, to be copied by the Clerk, is-
sued 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, correct, and complete;
AMENDED PAGE
V10/78
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5.20.020
5.20.030
5.20.040
�ppltcation for License
2. ITE51S REQUIRED IN ADDITION TO APPLICATION FORM (continui
e. A certificate of insurance, indicating that the applicant's ope
tion of a mobile food vending unit is covered by liability Insu
as follows:
Personal Injury (Each Occurrance) $100,000
Aggregate Products (Each Occurrance) $300,000
Property Damage (Each Occurrance) $50.000
Said insurance policy or policies shall provide for not less ft
thirty (30) days written notice to the City Clerk of cancellatic
or expiration or substantial change in policy conditions and
coverage.
Prohibited Acts
It Is unlawful:
1. For 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 malting
a false statement in the application or by other fraudulent or de-
ceptive means.
S. For any person licensed under this chapter to knowingly or wil-
fully authorize, order, instruct, or permit an employee, agent a
person under his supervision or control to do an act in connecti(
with the Itcensed activity which violates any provision of this ob
ter or a license issued under this chapter.
julcense: Non-ar8n8leraule
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
5.20.050
$.20.060
6.20.070
License Fee and Term.
An applicant shall pay a fee of $120 for the issuance of a license,
which shall expire one year from its issuance. Tho Clerk may issue
a license which shall expire within a shorter duration of time and the
fee therefor will be proportionately reduced. All non-profit oFg;lnt-
gattona shall be exempt from paying the above license fee. Said oF-
g~.!?~tion8 making appl~atJon should present proof sufficient to the
Clerk of its non-profit statue.
Revocation,. ,oF Restriction of License
The Clm, k may revoke oF restrict any license upon written notice there-
of to the license holder. Any revocation or restriction shall be made in
w~lting, stating brictly tho reason for such decision. Such decision
shall be mailed by certified mail to the licensee at the ad(h'ess as pro-
vided in the application oF may bo delivered to the licensee at his place
of business..
1. Any applicant or licensee desiring to appeal from the decision of
the Clerk in restricting or revoking any license provided for by this
ehopter shall within ten days from tho receipt Of a written decision,
as provided by Section 5.20.060, fm*nlsh the City IVfanager a wr;itten
notice of appeal, stating tho order oF decision from which the appeal
is taken. The City Manager upon receipt of such notice or appeal
shall set the date of a public hem'Jnl; before the City Counetl. Tho
City Manager shall, upon setting the date of the public hearint~ before
the City Council, notify the appellant and the Clerk of the time and
place of such hare'iai;.
2. The notice of the time and place of hearth6 shall be given wttMn ten
days from the date of the hearing and not less than three days prior
to the he~inl;.
O. After public hearing hereinbefore required, the City Coundl shell
have the power to modify, revoke, rescind or affirm the desisfou of
the Clerk from wMeh the appeal is taken, oF may enter it8 own deal-
sion es may be Justified under the circumstances.
AMENDED PAGE
$/$0/?8
5.20.080 Conduct of Business
1. A mobile food vender may not oijerate 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 Penaltv
I . Any person who violates any provision of this chapter or the
terms, conditons, or limitations of any license issued here-
under shall be subject 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 poison from continuing the violation or threat
of violation, or both the civil penalty or Injunctive relief. Upon
application for injunctive relief and affinding 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
#10 violation.
2. sech day of violation of any provision of this chapter or conditions
or limitations of any license issued hereunder shall constitute a
separate offense.
0
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CITY OF KENAI
ORDINANCE NO. 422-78
A ORDINANCE OF THE COUNCIL, OF THE CITY OF KENAI, ALASKA INCREASING FSTMIATED
REVENUES AND APPROPRIATIONS BY $30,000 IN CAPITAL PROJECT FUND ENTITLED
"AIRPORT RUNWAY PAVING PROJECT NO. 78-2" AND DECLARING AN EMERGENCY
WHEREAS, Ordinance 410-78 authorized the expenditure of $2,300 to CHM Hill for the
prepavation of the grant applicatlon for the Airport Paving, and
WHEREAS, the FAA has questioned the thickness of the runway overlay, and
WHEREAS, the appropriation of $30,000 is required for preliminary engineering to
determine the amount of overlay required, and
WHEREAS, proper accounting practices require that all appropriations of City monies be
made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI as follows:
Increase Estimated Revenues
Contribution from Fund Balance $30,000
Appropriations
Transfers - contribution to Capital Projects $30,000
Section 2: Capital Prolect Fund "Airport Runway Pavinlft
Increase Estimated Revenues
Contribution from Alrport Land System $30,000
Appropriations
Engineering $30,000
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I I M-11 11L 1 1111101
ORDINANCE 422-78, Page Two
Section 3: Emergency
An -emergency Is hereby declared to exist in that the Immediate nppropriation of
the above amount is necessary In order for the City of Kenai to obtain AT)AP funding nee
to make airport runway improvements and the rules governing the Introduction, reading
passage and approval are hereby suspended and this ordinance shall be effective oft thit
19th day of July, 1076.
VINCENT OIREILLY , MAYOR
ATTEST:
Sue C. Peter, City Clerk
FIRST READING: July 19, 1978
SECOND READING: July 19, 1978
EFFECTIVE DATE: July 19, 1978
APPROVED BY FINANCE: INK—
IL
V� June 27. 1978
NO
7-. 4. 1
TO: Honorable Mayor and City Council
FROM: John City Manager
t
u ic
SUBJECT: r Nuisances
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, Block 5
Old Kenai Townsite
Parcel No. 047-071-2300
Owned by: Clayton A. Ervin -
Anchorage
JEW/eh
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4
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4
OUL 4
SITE
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94vatLe tests ffi
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4f3 Cj. i pig
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4040
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4
111 11 IN I 11111 11 N. -
PART I
Site Analysis:
After examining the two parcels offered by the City, the Committee has
made the following observations:
Site One:
Location: Airport Way and Spur Highway Size: Apprx. 6 acres
Advantages:
- the isolation of the site from the city core allows for less
congestion during functions.
- auto access and egress may be more desirable
- the area is relatively undeveloped which could permit future
expansion.
- site one is larger than site two.
Disadvantages:
- the isolation from the city core facilities.
- the Civic Center should be planned for the future, (i.e.) to
serve the community for the next 15 or 20 years, By that time
If expansion is required, we can assume that the area aroiind
'Site One will have been developed,
- high noise and activity level generated by the Spur Highway
is not conducive to the relaxed atmosphere of a cultural fa-
cility
- Isolation created having major roads on each of the 3 sides
of the triangular parcel make future expansion impossible.
Also, this provides an added deterent to pedestrian access.
- Isolation from existing related facilitiesq the library and
the State Judiciary Facility.
- irregular shape limits future expansion.
Site Two:
Location: Fidalgo Subdivision Sizes Apprx. 4 acres.
Advantages:
- walking distance from the two hotel facilities now in opera-
tion (Sheffield House and Katmai)q and ijith the planned hotel
to be located accross from the Katmai.
- walking distance obviates vehicular congestion of the area.
Juxtaposition with the library make this site extremely de-
sirable since a Museum and Gallery/Visual. Arts Center are
planned, making a direct physical link between them possible.
- Juxtaposition with State Judiciary Facility, City Police &
Fire Departments is also desirable since the City Offices may
be a part of the Civic Center. This close proximity reduces
travel time and requirements between related facilities.
a
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11111 111 JR. __!III1 1111
Site Analysisq Continited,
Fidalgo Street whicls LA doilic,,!ted Not not eonf rift- ted t%i�
vacated to create Otte Vivir/Cultural Ceriter. This %,.,ill af..,
help in directing traffic aftcr flinctiong 10tvardA 11-nivor 1.
extension and th�n to the Spnr rather than Tbe alreadt erti-
Sested WiLlow Street.
Disadvan'tages:
possibility of added congeAtion to the City core
little or no room for expansion
Conclusions:
Because of the numerous advatitages of Site Two, as outlined alicov.-
the Committee feels this should be the site for the plannect rivj,-,
Cultural Center.
This area can become a center for Cultural and Governmental 'Irtiv-
Itiesq and what better place for such a center tban at the cort.w ,if"
the city.
PART I I
Functional requirements of the Civic Center:
The General concenstis requires the following functious uhi.-ii jul
been divided into compatible groups.
Group A: Auditorium
Convention Center
Meeting Rooms
Group 0: Museum
Gallery/Visual Arts Center
Group C: Health Center
City Offices
Description of Spaces:
Group A is comprised of 3 functions which are compatible in for
rather than function; h(niever since the size or the Kerini area
not support the constructic-n of 3 separate faritlti,.-s,
multi -use space with spaces flexible enough to accomodate III t
CP
uses should be designed. The Committee realizes some sacrifir-1
must be accepted in the design when providing one space fc- .-aii
tions eg. perfection in acoustics, however we mitst try In arrrvi
as many cultural activities as possible, and still be abI - o
omodate a convention or group function.
Group.A also requires many other spaces such as a static, dressi
rooms, storage facilities, toilets, kitchen and bar faciJities.
Group 0 spaces will be Individually designed but can share some
the required spaces of Group A; eg toilet anti storage faciJitie
The functions of groups A and B permit compatible forms.
Group C Totally individually desioned space, however certain cc
ponents are compatible In form and function with Group A. For
ample the Council chambers of a City Hall.
Id
PART I I I
SPACE REQUIREMENTS
Group A.
Auditorium: 600 seats expandable to 1000 seats. Expansion by mech-
anical means. e.g. moving walls, spots and celli"'C',.g.
Approximate size, 19,000 sq. ft.
Convention Center/Group Function facilitys. Approximately 3000 sq. ft.
That area which facilitates the expansion of the Atiditor-
Lum.
Meeting Rooms: Four or five rooms capable of seating groups of 10 to
30 people. 200'to 300 SP each.
BarAitchen Facility: Minimal - set up for caterer with a portable
bar. 400 to 500 SF,
Group B.
Gallery/Visual Arts/Museum: A space which will provide for 10 or 12
0 small showing areas. Minimal appurtenance spaceg reniilf-
ed since such space can be shared wi th oose or group A.
Workshop for Museum and Gallery can also be used for
stage set construction 'for.the auditorbun.
Group C,
Health Center: 1500 to 2000 SP
City Hall: 3000 to 5000 SF
Parking Requirementat Assuming little else happens when a t000
seat function Is occuring, the parking was calculated
for same.
One space per 5 seats z 200 spaces
300 SP per car 609000 SF.
"W1
KENAI CITY COUNVII, - REGULAR 011,111,11104111
JULY So 1979 - 7: 00 I'Al,
KENAI PUNLIC SAITTY DIMMING
PLEDGE Or ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. HEARINGS
1. Ordinance 411-78, Kenai Fire Code
2. Or4inance 416-70. Establialting to Recreation Comrodanion (or the City of Kcnisi
3. Ordinance 417-78. 15pecial Ilevenue Fund "Xonai S#mfor Citizens Itudget I'Y 197H -791,
4. Ordinance 418-76, Declaring fluel Troffer burplun a authorizing its ode for W.Ccq
6. Tranofer of Liquor License - Pizza Paradioutj
C. PERSONS PRESENT SCHEDULED TO BE HEARD
1. Sir. Roger Stacks - Repairs to Vt. Komy
D. MINUTES
1. Aflnutes of the rclular meeting of June 21. 1078
2. Minutes of the special meeting of June 20# 1070
Z. CORRESPOMMINCE
1. Kenai Gordon Club - request to park reareatinn vehicles on FAA Grounds
2. Arctic Aviation - additional fencing at south end of Airport for security reabonu
9. Dept, Community a Regional Affairs - CEIP Grant Application
F. OLD BUSINESS
1. Resolution 18-00, establishing regulations & updating rates - Ft. ROM complex
2. Lem of City owned lands - Thomas Ackerly and Patrick O'Connell
0. MW BUSINESS
1. Bills to be paid - bills to be ratified
9. Approval of raguisidons owooding $500
'111, -Ordbance-419-70o Jilipeding Chapter 19 of the Me (Tr&ffJo.0fhrAw4 Chapter 13
of dis code (Ponaftlas a Offews),
4. Ordinswo 420-78# Chapter 20 of KOM Cado - $10bile food Vander
6. Resolution 19-104, Awarding a contract for radio maintenance to Motorola Communications
6. Rewtution 10-105, Abatement of alleged public nuisance & selling date for public hearing
To Resolution 79-100. Roqueet for rozoning - Kaknu Kama - Rural to Suburban
9. Resolution 111-112, cow War "Kenal sewerage Project C-0200110
So Resolution 10-113, Tundw of funds within Cho 1077-18 0encral fund Budget
10. Low of Airport Lands - Olen Henry 6 Gerald grownh g
11. Low of AbPart Lands - Jones No Carter, 5r.
is. Law Of Airport Lon" - 11suff Chwok
13. Lan of City owned Landi; - R. L. Roper d/b/s Marboo Products Ndn a Service
14. Renewal of Terminal Lem 8pace - Avis Rent-a-Cer
35. Ass4ameal of Low - Temetwo Local 950 to Akslia MuNd Savinlis Bank
M. RKUdt hr survey 0 Pill ofAirporl Lands (of Inn to Ardlo Avidlon, Ina,
IT. PSYMON to Pr4oft 11808pril Alaska. Ina. (a proful owdintfon/omwifon services
Do Floal Phu Coverage - 130my Inlet Insunnes Agmy
19. Approval at proposed water and lower engineering projects
20. payinent to engineer - Wdervell Ft"ed 07-01-01014
a. reriodia sativiste - Rockford Corporation - Wd" Tank project
22. Discussion - Chimp Orders for Took Prided
St. a" Loom - Union oil employ
go RIPOWS
1. City Monspr's Repoft
2. City Attornay's Report
8. Mayo's Re"
4. City Clerk's RoPM
8. Fiume Dircow's Report
6. planning & Zoaft Commisslows Reporl:
7. Borough Alsombly's Repart
MAYOR & COUNCIL - QUESTIONS AND COMWNTO
go PERSONS PROSENT NOT SCIVIDULED TO BE HSARD
ANOURMBUT
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KENAI CITY COUNCIL - REGULAR MEETING
"LY 5t 1979 - 1'. 00 P -M -
xENAi Punic SAFETY BUILDING
MAYOR VINCENT OIREILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Vincent O'Reilly, Dan Whelan, Phillip Aber*, Betty Click and Ron Malaton
Absent. Tom Ackerly and Edward Ambarian
AGENDA APPROVAL
Mayor Olftemy requested Council --- to move item 0-2, City Attorney's Report,
to item C-2, Persons Present Scheduled to be Heard. Council so concurred,
9. HEARINGS
B -Is Ordinance oill-78, Komi Fire Code
Meyer O'Reilly read Ordinance 411-78 by title only an copies were available for the
public. "An ordinance amending Chapter Eight (now rdwred to as Title Eight) of the
W"Na%sas %air ss-%*rmvfjmnfah-
ment fftwor committed under this tide t as amended."
Glick moved, seconded by Councilman Malaton to bring Ordinance
411-" back to the table.
Motion passed unanimously.
Mayor O'R@My opened *a hearft to the public. There was no comment,
MOITIONs
-1-1 an Glick moved, seconded by Counci1man Male=# for adapdon of
4 -78 111 Kensi Fire Code.
Notion passed unanimously by rall call vols.
9-21 Ordinance 46-78, Establishing A Recreation Commission
Mayor OReilly read Ordinance 46-79 by We only. ffAn ordinance establishing a
Recreation Commission of the City and enecting Title XIX III Recreation Commission , of
the Code in its antirsty."
Mayor Offtaft opened the hewing to the public. There w" no comment.
V_ __ - — - �_ __ -14
7-5-78, Page 2
MOTION:
Councilman Whalen moved, seconded by Councilwoman Glick, for adoption of
Ordinance 416-70 , establishing a Recreation Commission.
Notion passed unanimously by roll call vote.
B-3: Ordinance 417-78. "Kenai Senior Citizen Budget FY 1978-79"
Mayor O'Reilly read Ordinance 417-70. by title only; "An ordinance establishing a
special revenue fund entitled "Komi Senior Citizen Budget FY 1978-79" by increasing
estimated revenues and appropriations in the mount of $36,556. 11
Mayor O'Reilly opened the hewing to the public. There was no comment.
MOTIONS
Councilwoman Glick moved, seconded by Councilman Mddon , for adoption of
Ordinance 417-78, Kend Senlor Cidm Budget FY 1978-79.
Motion passed unanimously by roll call vote.
9-4S Ordinance 418-78. Deelarinf Fuel Trailer stwolus & authorizing its ads
Mayor O'Reilly read Ordinance 410-70 by title only. "An ordinance declaring the 1069
Clough Fuel Trailer sMIus and authorizing Us sale to James H. Doyle for $10,000.11
N"vr -Osbift qp*no6*e-hearing-to,th*V*Hc. There was-1mvemment.
MOTIONS
Wullwoman Glick moved,, seconded by Councilmen Malsion, for adoption of
Ordinance 418-78,, declaring 1909 Clough fuel traller surplus and authorizing its Sao
to'lames Doyle for $10,000.
Modon. passed unanimously by roll all vote.
"s Transfer of Liquor License - Pizza Parsdison
MOTIONS
an Glick moved, seconded by Councilman Malstan, that the City of Kenai
voice no objection to the transfer of liquor license from Kostas Inc d/b/a Pizza
Paradisos to Athansios D. Macheras am@ d/b/a.
Modon passed unanimously by roll call vote.
0. PERSONS PREOENT SCHEDULED TO BE H13ARD
C-11 1!&.Wer Meeks - Revairs to ft. Kenev
Mr. Meeks reported an the work being done at Ft. Kenay and advised Council that to -date
We volunteer group of interested citizens have expanded approximately $300 in moving
and upgrading a structure onto the Fort site. Mr. Meeks further reported that he would
aMiciplite ft would cost an additional $700 to put roots on the remaining structures in the
compound andwould request Council authorization to proceed with the necessary repairs.
FA
7 /s/78,- Page 3
i
Finance DircMr Ross Kinney advised that $1,500 had been allocated for repairs to the Ft.
—10TION;
Councilman Whet= moved, seconded by Councilman Malston, for approval of expenditures
exceeding $500 for repairs to Ft. Kenay and In addition, approval for work to proceed
relative to the roofing of two existing structures located within the Fort complex.
I Motion passedunanimously by roll call vote.
C-2: City Attorney's Report
City Attorney schlereth requeoNd that Council adjourn Into an executive session to
discuss the EPA/City of Kenai "Bower Treatment Plent" negotiations and the settlement
offer relative to Kenai Baptist Temple
Councilwoman Glick moved, seconded by Councilman Malston. that the Kenai City
9
Coumil adjourn into an executive session for the purpose of disciussing matters that
in public, may be detrimental to the City and may Jeopardize the position of
the City of Kenai on litigation matters relative to EPA and Kenai Baptist Temple.
Modon passed unanimoudy by roll call vote.
4lick-epor Od-4ho-Ocowgiin-its-oweautive,ow",-amoludedto
offor the following changes-, (1) Per. V1, Pg. change the $5,000 fine to $2,500;
(2) Par. VII (A), Page 3 - add "...or until an electronic mirveillance device is
ftwedleliff, (3) Par. VM, Pogo 3, change to "Ddendant shall provide for use of an
Owntive source of electric power for the operation of Us lift stations by January of
1970".
Councilwoman Glick further reported that the Council determined that a f1he of $5/day
should be - - ----- to be levied against Kenai Baptist Tonple as the Zoning Code
provides for a fine of up to $100/day and# In addition, the City of Kenai will ask for
aftraws comb. I
D. MINUTSO
Aq
D MbOW Of WO -rSMdff- MOOting Of JAM 21, INS
Cioun4women Glick requested clarification on phge 14 as td why the Council waived
-up fee for Alaska Industrial Hardware in that the City had promised
the $400 hook
AM City utilities when the application for lease of the land was submitted imd due to
cortsin circumstances, the Cily was unable to supply- water to them and AIN was forced
to waft a year befte hook-up to the City system.
Mintes were approved an corrected.
0-2: Minutes of the Ovecial NedIn&.qLhLqLV_J9J-t—
Approved as 4idributed*
?1~1"1~- Page Four
B. CORRESPONDENL'~
;-1: Kenal Garden Club
Mayor O'Reilly a~knowledged receipt of correspondence from the Garden Club in which
the), request permission for use of the FAA ~rounds for persons attending the Alaska State
Garden Club ~onventfon August 6th - 8th to park their re~.~restfoJi81 vehicles during the
· Council es mn~urred.
Arotla Aviation - additional f~mo(n, at south ~mf~ of_A~-~ for ~ f~ r~A~_
A 1~ ~ 20~ W. 8~e~, P~e~t ~ Aro~ A~n, was ~ b~ Meyer O'Re~
~ w~h Mr. S~ r~u~t~ the CiW ~ ~nsM~ ~n~u~f ~dl~ fe~f
City Manager Wise recommended that the city furnish the fence rabrh~ which was
remaining from the fence pz~eot and further that Ar~ Aviation ru~ioh materials
MOTION:
Counsilman Whelan moved, seconded by Councilmen Meleton, for approval or supplying
~en~o ~8brf~., .as.m~uate~,.~o.Arotlo Aviation.
Councilman Whehn inquired if it wee the City's responsibility to put the fencin~ up
sasu ity purposes during the tim fencing project and was advised by City Manager
that z*oad a~eess was determined ne~essmT0 however, the'lot in question Is s~ley
d~ to fie-downs and reminf would be benerf~isl.
Coumfllman Mslgton tnqu~ed if funds were budgeted to sever furnishing one gate aa
well and wee advised by Finance Dire~er Roes Kinney that the Airport MiO hnd
Iud $8,800 that was was alloouted for llfhta0 eM.
MOTION- AMEHDMBHT
Councilman Whelan moved, ee~0nded by ¢oum~iman Meleton0 to mend the motion.
to state tlMt the City will supply mate~isle and one veMole 8~te in addition to the reneir~
MOTION- AMENDMENT
Passed unanimously by roll mdl vote.
MAIN0 AS AMENDBD
Passed unsnJmously by ri)Il ~ vote.
Dept. Communlt~ &, Regional A_rrafrs- tRIP_Stent AooJ~_~n
Mr. Wise advised that the City's request rer eroolen prevention study funds in the
amount or $200,000 was rejected ~)r state assl~uue. Mr. Wise stated that he would
· e~on?--m-end appealing.the de,IriSh as .the City has been given 20 days in which to appeal.
7�_
7/5/7-8 Page Five
I
NOTION:
Councilman Whelan moved, seconded by Councilman Malston, that the City Manager
be authorized to appeal the State's decision of rejecting the request for funds to study and
vegetate the face of the eroding bluff in Kenai
Motion passed unanimously by roll call vote.
P . OW BUSINESS
F-1: Resolution 78-98. establishine reaulations a updatinsr rates for Ft. Kenav
MOTION:
Councilman Whelan moved. seconded by Councilwoman Click to bring Resolution
78-98 back off the table.
Motion passed unanimously.
NOTIONs
Councilman Whelan moved, seconded by Councilwoman Glick, for adoptionof
Resolution 78-08, rates and regulations for Ft. Keney.
Mayor OReilly opened the meeting to the public.
Pat Portero Or. Citizen Director, stated that she had no objection to the rental rates
however, did wish to see the kitchen kept looked for security of inventory for the
..Mvs..PacW-.idwAommanted.that4albe Fort.4oas not bave
janitorial envies # it is very difficult to keep the kitchen clean when open to the public.
Councilman Malston, stated that he felt as Ft. Kenay belonged to the taxpayers of the area,
-he felt that the kitchew should be available for the public's use -- perhaps the City could
raise Me depoaft for use of the kitchen and provide looked. storage.
Councilman Whelan stated the he too believed that the Fort almuld be utilized in all
aspects and fdt the citizenry should not be precluded from use of the kitchen and further
mucinva VMS UN 1=11W UG resulvea
NOTION W
Councilman Whelan moved, seconded by Councilman Moldon, to amend by
a4usting ON deposit Mor use of the kitchen area to be double of the deposit rates
included in the resolution.
MNDUENTs
Motion passed unpnimously by ren call vo%,
City Manager Win requested thatDouncil not pass the resolution in order to allow for
to re -write it with the amendments and present it at the next Council meeting.
AO AMENDED
Paged unanimously by roll call vote.
7/5/78:- Page Six
F-2:
Lease of CitV Owned Lands - Thomas AckerlV and Patrick OlConnell
City Manager Wise presented an amended plat showing the easement from Beaver Loop and
location of the proposed Dairy - Queen facility.
NOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to bring the matter
of lease of City owned lands to Ackerly/O'Connell, back to the Council table.
Motion passed unanimously.
NOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval of lease
of Tract B , Kenai Spur Airport Lease Property to Patrick O'Connell and Thomas Ackerly
for a term of 99 years at an annual rate of $11,880 contingent upon final signing of the
lease by Mr. Ackerly and Mr. O'Connell within 10 days.
Motion passed unanimously by roU call vote.
0.
NEW BUSMSS
0-1:
BJIIL% be paid - bills to be ratified
MOTIONs
Councilman Whelan moved s seconded by Councilman Malston, for approval of bills to be
-4*M.audbiUstoberMSedaw-promtad.
Motfon passed unanimously by roll call vote.
0-2:
ARDroval. of reauisiflons exceedinor $500
None
0-3:
Ordinance 419-78. Revealin;r Chauter 19 91 the Code
Mayor OfReMy read Ordinance 410-78 by title only. "An ordinance repealing (a) Chapter
10 of the Kend Code of 1063 and all amendments thereto (entitled "Trdfic Offenses") and
(b) Chapter 13 of the Kenai Code 1963 and all amendments thereto (entitled "Penalties
a Oftnees) and adapting in Its place Title X111 In recodifted form."
MOTION:
Glick moved, seconded by Councilman-Maloww, for -introduction of
Ordbwce 419-78, Traffic Offenm. and Penalties a Offmses..
Notion passed unanimously by roll call vote.
0-4:
Ordinance 420-78, Chapter 20, Kenai Code - Mobile Food Vender
Mayor O'Reilly read Ordinance 420-78 by title only. "An ordinance enacting Chapter 20
Mobile Food Vender o of Title V of the Kenai Code."
W -,:7C -7
7./5/78, Page Seven
NOTION:
Councilman hfalston moved, seconded by Councilwoman Glick, for Introduction of
t -IN Ordinance 420-78, Chapter 20 of the Code "Mobile Food Vender".
MOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilman Malston I, to amend the ordinance
by striking item 1-c U 5. 20.020) "the business interests of all persons.. . .
Motion passed unanimously by roll call vote.
MAIN, AS AMENDED
Notion passed unanimously by roll call vote.
G-5: Resolution 71:10j- Awalding contract for radio maintenance
Mayor O'Reilly read Resolution 78-104, awarding a contract for radio maintenance to
Motorou and Electronics.
Mayor O%eMy opened the meeting to the public.. There was a9momment..
MOTION:
Councilwoman Glick, moved, seconded by Councilman Malston, for adoption of
Resolution 78-104, awarding the 1978-79 radio maintenance contract to Motorola
at $548.75 per month, -per their bid specifications.
Motion p"oed-unsaimously,,by-foll,caU�vate.
G-6: Resolution 78-105. Abatement of- ali4ed public nuisances
Mayor O'Reilly read Resolution 78-105 by title only. "A resolution acknowledging receipt
d a recommendation by the City Manager that certain alleged public nuisances be abated
and setting a date for public hearing in the matter."
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Olick moreds seconded by Councilman Malston, for adoption of
Resolution 7-8-105, acknowledging that certain alleged public nuisances be abated
and setting a date for public hearing for July 19, 1978.
Motion passed unanimously by roll call vote.
0-7.- Resolution 70-100, request for rezoning
Mayor O'RdUy read Resolution 78-108 by title only. -"A resolution requesting the Ksbd
Peninsula Borough Assembly to rezone the subdivision known as Kaknu Korners from
rural residential to suburban residential." It
Mayor O'Reilly opened the meeting to the public There was no comment.
4
I
-11011101111 Lill 111111. jjjhjjjjlRii�-__
7/ 5/ 78 :-Page Eight
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for adoption of
01� Resolution 78-106, requesting the Borough to rezone Kaknu Korners from rural rei
to suburban residential.
Councilwoman Glick advised that she would support the rezoning change in that
water and sewer is now available to the area which sets the proper criteria for clu
from rural to suburban.
QUESTION
Motion passed unanimously by roll call. vote.
G-8: Resolution 78-112, Grant offer "Kenai Sewerave Proiect C-020077"
Mayor OtRoilly read Resolution 78-112 by title only. "A resolution accepting a gra
in the amount of an additional $1,000 to be applied toward the financing of Stop I
Facility Plan."
Mayor O'Reilly apsoM the meeting to the public. There was no comment.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for adoption of
Resolution 78-112, accepting an additional $1,000 to be applied toward the financip
Step I Facility Plan.
-Mvff=-passe* unanimously-by-roll-oall vote.
0-9: Resolution 78-113, Transfer of funds
Mayor O'Reilly read Resolution 78-113, "transfer of funds within the -1077-78 Goner
a Fund Budget from Public Works-Administration/Transporta$ion - $(195); Public wi
idmin./Small Toole a Minor Equipment - ($95) to Public Works Administration/Ad
'$290 for'the ptirpose of adverthiNg for the position of City Engineer and to ratify
telephone poll conducted June 23, 1978.
Mayor-Olitailly opened the meethWto the public. Thm was no, comment;� - ,
MOTION:
Councilwoman Glick moved , seconded by Councilman alston, for adoption of
Resolution 78-113, transferring funds within Public Works Administration budget in the
amount of $290 for advertising and ratifying telephone poll conducted on June 23rd.
Motion passed unanimously by 1011 call vote.
42-Ifis Z. 04 & 4. 1169%&4 - at W�91~119
9 WL mum N N RlL=lUWh_
MOTIONt
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of lease
of Lots 9, 10 and U , Block 2, Cook Inlet Industrial Air Park, to Gerald E. Browning
and Glen M. Henry for a term of 99 years at an annual rental of $1,914.12.
Motion passed unanimously by roll call vote.
I
7./5/78 Page Nine
0-11: Lease of Airport Lands - James E. Carter, Sr.
JbTION:
councilman Malston moved, seconded by Councilwoman Glick, for approval of
lease of Lot 10, Block 2, Fidalgo, Subdivision, for a term of 17 years at the annual rental
of $1,215.75 with an option to renew for an additional ten years.
Motion passed unanimously by roll call vote.
0-12: Lease of Cttv owned lands - Walter Church.
MOTION:
Councilman Whelan moved, seconded by Councilwoman Glick, for approval of lease.
of I;bt 8, Block 1, Second Addition, Etolin Subdivision, for a term of 99 years at an
annual rental of $3.888-90.
Motion passed unanimously by roll call vote
CI -13: Law of Citv owned lands - R. L. Roper d/b/a Marine Products Sales & Service ,
MOTION:
couvenwoman Glick moved , seconded by Councilman Malston , for approval Of
Ism of Tract B. City of Kenai Boat Romp and right-of-way dedication, to R. L. Roper
-4/b/a Marine Products Sales a Service for a period of 99 years at an -annual rental of
$1,990.59.
Motion passed unanimously by roll call vote.
G-14: Renewal of Terminal Lease —Avis Rent-h-CfAr . ... ...
MOTION: 41.
Councilwoman Glick moved, seconded by CCUU011MOIn MIRIMAM, for Approval Of
Ism of Counter Space #28 and cargo space, Airport Terminal Building, to Avis
R=t-!A-.Carjo_r a. period of one yew at an annual rental of $762,49. and commissions
Ito
as outlined in Schedule A attached to the lease
th I" as
Councilman Whelan inquired it item 2 (2) of Schedule A conformed with e tI 80
with Avis and was informed. by the City Manager that he would look into the matter a d
last yew' s lease. Councilman Malston stated he would like strict Administrative
review
enbroement under Item #5 Treatment of Demise not only for the Avis area but all otheq
tenants within the Terminal.
NOTION - AMENDMENT
Councilman Whelan moved, seconded by Councilwoman Glick, to amend the motion
for approval contingevit upon reAew of last year' a lease by Administration to determine
9 the renewal is in compliance, particularly under item- 2 (2) of Schedule A.
Motion passed unanimously by roll call vote.
MAIN, AS AMENDED
Posed unanimously by roll call vote
F -E
I ~ ~/§i78'- Page Ten
(3-15: Asslt~n,ment of Lease
Councilman Whelan moved, seconded by Councilwoman Glfek, for approval of assignment
of lease of Lot 0, Block 1, Cook Inlet Industrial Air Park from Teamsters Local 959
BuJMJng Corporation to Alaska Mutual Savings Bank,
Motion passed unanimously by Foil call vote.
G-16: Request for survey & plat of Airpol.t Lands
Mr. Wise advised that the City had received a fomal request from Arctic Aviation
to survey and plat the property adjoining the sojtth texiway on the Airport for lease
to be used as additional afForaft pal.king end tie-down.
MOTION:
Councilman Whelan moved, seconded by Couneflwoman Gliek, fol. approval of
plattin~ and sul.veying of the m'.ea requested by Al.erie Aviation; ............ ~ ...... - ......
Councilwoman Oliek Mated that the City's policy in the past has been to requh'e a
~neeptuol lease applf(~ien pFioF to survey end platting.
MOTION- AMENDMENT
· ' Councilwoman Oliok moved, seconded by Couneflman Melston, that AFetie Aviation
be requested to submit a conceptual lease spplieeffon~ and, in addition, the recLuest
0 be, oq. bmitt.ed to the Planning Co_m._misefo~ for review~//~ ~,~.....//i~ ~.
~ ~ ~/, u c.¢~.,..-/t~. "--- ~. , / ---
Motion passed unanimously by Foil eall vote.
MAIN, AS AMENDED
Passed unanimously by Foil ~ vote.
0-17.~. Pa~ent to,Pro~lee~ Manaeers Alsek, Ine. . ...................
City Manager Wise requested that approval of payment to PMA be contingent upon
ree~ipt or neocssary documentation relative to personnel l.esumes and description
of fh~J'as l.equired by EDA. ' '"
MOTION~
Counoilman Whelen moved fol. approval or payment to PMA contingent upon receipt
of neeeasfu, y documentation as required by EDA.
Motion died ro~ leek of second,
· c°uneflwomn oilok Mated that she reit the doeumentdtfon was. requh, ed by EDA and ~S '
PMA has been asked t5 submit the f~'~formatfon and has not complied to date, that they
should be requested to adhere to the stipulations of the oontraet PMA sifnad with the
city or lCenai.
7/6/78 - Page Eleven
0-19: Float plane Coverace
City Manager Wise advised that the City has no present insurance coverage on the Float
Plane Basin and though the Basin is not maintained by the City nor recognized by the FAA
the City assumes a certain amount of responsibility by authorizing admittance to the area
by float plane operators. Councilman Whelan stated he felt the City should have coverage
but should determine a way in which to recover costs from the oprators to help off -set the
City's expense. Councilman MaIston agreed and stated that the Individuals using the
arelk should be assessed some type of fee and requested that Administration return with
a proposal relative to the matter.
NOTION..
Comengnan Malaton awed , seconded by Councilman Whelan, for authorization for the
City to retain additional insurance for the Airport Float Plane Basin with Emery Inlet
Insurance Agency.
Motion pass" unanimously by roU;cdI'vote`,
G-19: Approval, of proposed water & sewer engineerin; prolects
City Ma"ger Wise advised that the following lid had been presented to the Planning
Commission for their review and they recommended approval: Engineering of Airport
Way between the Spur and Trading W for sewarp Engineering for water/sewer
generally along the trace of the Spur from Forest Drive to Redoubt Blvd. and engineering
a stub down Redoubt to the end of -the line at Mommsen-, engineering for- water/BeWer on -
Main Street from the Spur to Willow; engineering for water/sewer an the presumed
extension of Lawton, on Tinker Lane. to the vicinity of Swires Road; engineering of a
water lop Hue between Inlet View and Central Heights and engineering of a sewer line
adension on Willow from the Airpod Termind to the vicinity of the Tower
City Manger Win further repoii6d tUat there4as $150, 000 in CEV� funds available for
the proposed work.
MOTION,
Councilwoman Glick moved, seconded by Councilman Plalston, for approval of Administration
to piiaied w1hithe eiginiering on the proposed projects as submitted.
Notion passed unanimously by roU caU vote.
RECESS
Council, recessed at 10: 40 P.M. to reconvene Thursday at 5: 30 pm� at the Public Safety
Building.
RECONVIINE - THURSDAY, JULY Oth
The regular meeting of the Kend CityPCounoil was reconvened by Mayor O'Reiuy at *`
5: 30 p.m. with Councilman Aber present for this session and Councilman Whelan absent.
rA
_V
9
F_
Page Twelve
0_28.- pavment to engineer - Water Well project 07-01-01684
I
—,OTION-
of payment
councilman Malston moved. seconded by Councilwoman Glick, for approval
at of $934.32
to Harold H. Galliett, Jr. on Water Well Project 07-01-01684, In the mou
as amended.
Motion passed unanimously by roll call vote
0-21: Periodic Estimate - Rockford Corporation - Water Tank Project
MOTION:
councilwoman Glick moved, seconded by Councilman Aber. for approval of
Periodic Estimate No. 3, Rockford Corporation, Improvements to Water Supply
Distribution System, in the mount of $35,048.49, as amended.
Motion passed unanimously by roll call vote.
0-22: J&LUL810 - ChWe Orders. for, Tank,Proiect
City Manager Win presente4 proposed change orders relative to the tank project
now underway. and requested Council consideration for approval of Change Order
now numbered as 3 and Change Orders now numbered as 4 and S. Mr. Wise advised
that Change Order 3 referred to the use of continuous welds on knuckle clips of the
tank and #4 to to extend steel adety raging 61 right and 61 left from open ends of ladder
Order #5 inthe -amount of
Unftgv&ginp.tor.on-spprorAmate-oost-of $1,poWand 0hange
_$9.080 is intended to provide that the overflow from. the float plane basin be carried
down the deep drainage channel and saNy pad the pump 6hoses. City Manager Wise
gated that one consideration on Change Order 6 as to the type Of generator (gas, electric.
or diesel) must ' be made by Council. City Manager Wise also commented that relative to
Change Orders Land. So he had certain reservations especially an coating and would te
investigating the matter in more depth prior to a recommendation
After Counon discuselan# the following action was taken and instructions
to 111 were given accordingly.
NOTIONS
Councilman Malston moved, seconded by C6dncHman Aber. for approval of Change
Order #3 In the, amount of$2,367.71 (continuous welds on knuckle clips for the tank)
as recommended by the Engineer an the project.
Madan passed by roll call vote with Councilwoman Glick voting no.
i -MOTIONS
_..QoUPq*0'kAb,0rM0`Ked. secondedby Councilman Malston, to -instruct Admintstratioir-
to proceed with definitive pricing information on the temaining Change Orders 1, 2, 4,
So and 8 and present same to Council at the next regular meeting. -
Motion passed unanimously by roll call vote.
==1�50 oil I
7/6/79 - page Twelve
G-23: gas leases - Union Oil COmt)snv
City Manager Wise advised that Union 00 Company Is forming a Cannery Loop Unit
which encompasses essentially all of Kenai for the purposes of on exploration and
has submitted eight leases to the City for sub -surface rights of City owned lands.
City Attorney Schlereth advised that In reviewing all leases he had contacted a Mr. Rod
Smith with the USGS group who stated that the leases are standard and are no different
than those entered Into by the Federal Government relative to the same subject.
MOTION:
Councilmen Malston moved, seconded by Councilwoman Glick, for authorization for the
City Manager to enter into gas and oft leases and Unit Agreement with Union Oil Company
Motion passed unanimously by roll call vote
H. REPORTS
H-1: City Manger Wise reported that Librarian Emily DeForest bad requested permission to
attend the Pacific Northwest Library Conference In Anchorage during August at no cost
to the City. Council so concurred.
(b) Chief Walter Winston requested Administrative Leave to attend a conference August Oth & fth
which all costs Incurred for his travel will be paid by the State.
City Manager Wise reported that $8 0000 has been allocated for a replacement vehicle for
-therTire-Chist and Mr.'Wise requested authorization to advertise for bids for a stationwagon
or a 4-whed drive vehicle which also could be used for transporting victims from areas
difficult to get Into with the mbulance. Mr. Wise stated that he would require Council
authorization as the bid will exceed the budgeted amount. Mr. Wise stated that additional
Amde would come out of the Fire Deputnent budget.
NOTION.,
Councilman Aber moved, seconded by Councilwoman Glick, for authorization for Administration
to include a stationwagon and/or 4 -wheel drive vehicle in the bid specifications for the
vehicle for the Fire Chid.
Motion passed unanimously by'roll call vote.
(d) City Manager Wise dated that as. time is of the essence# he would request Council
authorization for CH2M Hill to prepare an application for Airport drainage, lights, paving, etc.
The FAA has advised dot funds are avilable for this type of work , however, there is
a problem wherein it has not been determined as to embunt of overlay on the runway
_.,bpt.Q1JXK.HMand4he-,VAA will enter into discussion-toresolve thamatto.' 'Xif'.'Wiset'
-reported that the cost for the additional work will be aiproximately $30, 000 , howeve#,
the Council will have t'o" give authorization prior to paosage of an ordinance to providd'
funding if they so wish.
P�
7/6/78,. Page Thirteen
MOTION:
councilmen Aber moved t seconded by Councilwoman Glick, for authorization for CH 2M Hill
to proceed with necessary engineering on the proposed Airport project.
Motion passed unanimously by roll call vote -
Council directed Administration to prepare an emergency ordinance for presentation at
the next meeting to provide proper funding for the project.
(e) Relative to Water/Bower Project (General Aviation Line), Mr. Wise reported that there
was $90,000 In excess funds available and requested authorization to request that
Wince-Corthell engineer modifications to Sewer Lift Station for plans and specifications
for an amount not to exceed $5,800.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, for approval to authorize
Wince-Corthell, to proceed with engineering of modifications to sewer lift stations for plans
and specifications and such engineering work not to exceed $5. 800.
Motion passed unanimously by roll call vote.
MAYOR a COUNCIL - QUESTIONS, AND COMMENTS
x J Councilwoman Glick inquired as to the status of the Lilw Street situation and also noted that
contractor Don Brown has indicated he will start construction on Lupine July, 10th and it
w" Councilwoman Glick's understanding.that the Council had requested a delay. on Lupine
until the Lilac Street -situation had been resolved and, in addition, the requests from residentF
on Lupine not to up�grade have yet to be resolved. Public Works Director Kornefte stated
he would have to furnish the contractor the request in writing not to proceed with Lupine.
Public Works Director Kornelis also reportedthat after the last meeting of Council and
the problems with Lilao Stgest, hahad metwith Wince-Corthell and discussed the possibility
raisinff the dUeftWer:longMdnlntthe-WAVertOrandw.;�c Sawed
that the shoot showing the scale was so smaU it was difficult to read and W -C has since
investigated the problem and found In some areas that the street is 2-6" too high and the
contractor should be required to return and grade the road to specdUations. Council
Vequested, that the contractor proceed with grading the teed to apse and the Administration
1hen meet with residents and repft b1ok to'Couneit.-
Councilman Mal" stated that he had received Several calls from residents of Lupine Street
who objected to any up -grading of their sweet. Councilman Aber stated that, the reason
Lupine was selected to be worked on was that they were at one time a bus route and the
the Street CaUeed flooding and drainage problem
bus continuously became stuck in the winter a a
which have been very serious in the past. Public Works Director Kornelis Stated that the
h
Adis he received from. residents of Lupine weresuch that they, obtectep -to t a
In traffic flow thS W-Fraded sweet would cause# -would improve the value of their property
and no longer were a bus route,
After considerable Council discussion, Counallwoman Glick suggested that no future
street Improvements be made until a public hewing to hold and the residents given the
opportunity to voice their opinions. Councilman Malsion stated he would request that
Administration mod with the residents of Lup#ie and discuss the project in detail.
0
11
CouneR eonourrod that at tho next resoling of Council, Adminiblration should:
(1) fihould present estimates on additional work on Lilac;
(2) Report on grading to epee done by contractor;
(3) Report on mooting with residents of Lupine and outcome of discussions.
City Manager Wise requested that CounoJl authorize Administration to "hold'* work
on Lupine pending outcome of meetings with the residents of' that street.
MOTION:
Counofl~voman Glfek moved, seconded by Councilman Malston, that the City instruct the
enntraotor tO complete pending work on Lflae prior tb moving ahead on my new proJeots for
the City and not to beKin reeonstruotfon of Lupine until such time the Council ires authorized
such work,
Motion passed unanimously by roll call vote with Councilman Abet- abstaining due t~
bufdneaa Involvement in the subject praisers.
CHANOB OF ZONING
· City Mena~ Win repoflmi that a request for rezonfn~ a pa~eel or land on the Spur f~om
tm*al refddantial to general eommorofal had been preoented to the Plan~ Commission and
rafted by tie vote for approvals- However, when the matter was presented-to tho Borough
Planning CommJsstono the Borough hatrnoted the matter return to the City where the request
passed. Mr. Wise reported that the Borough Planning Department had recommended denial
or the request and agreed as It would oreate "spot zoningS'. Administration does not reel that
the.lend f8 de~traMe for general commercial- (wetland severity, poor highway scones, ets,)
Counoflwoman Gflek further reported on the matter and stated that she too was opposed
to "strip zoning" and pointed out in slmfler instances, a per~on was denied rezonfng by
the State due to assess to the hfghwey. Councilwoman OUek edvfsed that the applfoants
alluded to the raot that their intent was.for a eommerofal 8~eanheuse and Councilwoman GUek
eompJMnted that imm intended use~was:in eomplfanee with the:prea~ntmning:. · Counoflwoman
Olfek requested that Oounefl off~ tlJSf~'ea~A~n~ntfJ'~d* inMrt~et fiSx~ ;SS ~he matter Will 6e
before the Borough Planning Commission at their next meeting. ¢ounoflwoman Olfok further
eommented mat Couneflnan Arnbarian also was opposed to the retorting request.
Counoilman Moisten stated that though he did ..not agree with "spot ~ontnf'* he dM not-feel ·
the arm in questing'was eonduei~;e to anytldng but commercial use.
Counailmembars O'Rollly, Abet and Gliek eonem~ed that they wished to see the request
for tokening opposed and the City shall pro~eed aeeordingly.
H-f: City Attorney's Report
City ..Atto~. _rney. SoMor.eth reported trmt'Rb~**' LKrrab~M ~t* Keriai Bsti~'ffSt'TbmDl5 IM5 'affr~'~d'tn
pay me City or Kerm! a settlement offer or $1,500 as a fine for violation for'the ~,An~-~ '~- --
ordinance and would pay $300 fn~me*diately and $100 p~r month ther~orter until su--'~%lme the
fine is paid in tull.
~TION,
Counaflnmn Malston moved° seconded by Couneflwomfm Gliek° that the City accept
tho offer or $1,600 in settlement A)r violation or *oning ordinances rFem Kermf Baptist
Temple.
Motion passed unanimously by roll eall vote,
-T- -
7/6/78 .- Page Fifteen
H-3: Mayor0s Report
Mayor O'Reilly advised that there will be a reception at the King George with
representatives from the City, KNA and ALPETCO on July 26th at 7 p.m.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
None
H-6: Planning & Zoning Commission's Report
Counellw6man Glick reported on the meetft of June 28th In which the Commission
hold a public hearing on a petition to rezone a portion of Black Gold Estates from
9 Residential to General Commercial �-_ the matter will am go. before the
Borough Planning Commission; reviewed preliminary plat of Len -Mar Plat with rr
plat of widened street right-of-ways; approved the development plan of Mr. Roper
application for lease of City lands; approved request for Hobby Shop business ope
on L11sc Street; discussed extension of development plan for Lot 1, Block GAA W
Flying Service); approved continued use of a -camper repair business at the corni
Strawberry Road and the Spur Highway until such time a variance hearing can bp
upon applicaflon within 24.hours.
H-7: Borough Assembly's Report
None
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1-1: Councilman Kelston Inquired as to Administration's Intent to close out the BOR prc
and was advised that the work has been completed, however, it has not been prop
*hwSedii41soisn,,%ud4 will be4mveling-tiD KensiM work .-With the.-Finews Delp
and review the projects. Councilman Malston also dated that he had noted that th4
Park located in the 4th/Birch area was In dire need of repair work as large holes 4
In and wound the swings , do. and created a patenthd hazard. City Manager WIs4
that he would request the Parke and Recreation Director to make the necessary
repairs.
ADJOURNMENT
There being. no turtb@r business to be brought before Council, Mayor O'Reilly adjourned
the meeting at 8: 30 P.M.
Respectfully submitted,
SU8,0'. Peter, City Clerk
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I
WINCE · CORTHELL & ASSOCIATES
CONSULTING ENGINEERS
P.o. Sero 1-394 174 .lid3
12,
77-~3
City of Kena!
Attention: Keith Kornells, Director
~ment oF ~bltc ~k~
Subject: Lilac ~re~,
In Fes~e ~o ~ ~e~eF of ~0 ~ ~8 ye offer the follovl~
1. ~s~ ~o ~ e~ire ~ six inches.
a, ~eavate and disuse or ~ inches oF m~eFt~
rF~ entire roadwa~ s~ee .............. .... ~0.~
2, ~s~ ~o raise ditches 6 inches,
b. S~pe ~e ..... . ............................
Coat to lensthen culverts ~ feet on each side.
a. Len~theneulverte ..,.... ..... · ........... ....
b, Addit/onat fill &G~avel .... , .... .,,.,,,,.,..
$7;~00.00
~2,000.00
~n prep&~n~ the above estimates ve considered each item as a sepmmte alter-
native.
l~e fee~ Obligated to point out various ne~tive aspects of tbs above alternatives:
I. Loeerin~ ~he roadve~ surface 6 inches, oF effe~ivel7 ·
F~i~ the ditches to 18 inches; rill reduce the
e~ ~ ~v~e to 3 inches ~ leas in ~ eases.
' ~e e~d east~ res~t in c~sh/~ of the e~ve~o
~ ~ne~mted ~heel Lo~8.
P~e 1
&le~ N. Coffhell, R l.
~m~h W. WI.ce, R I.
Keith Kornelis Page 2 7/12/78
2. Raising the ditches 6 inches, without raising the
culverts will result In filiIng of culverts with
send, gravel,and silt, thus greating a maintenance
problem.
Lengthing culverts 10 feet feet on each end --
will create a situation where 50% of the frontage of
each lot will be culvert. Where drives are side-by-
side or relatively close, It will result in culverts
almost 60 feet long.
The 20 foot culvert length to preJIc ' ated on a 12 foot
driveway width which we still consider to be adequate
Inasmuch as spacing between wheels Is nominally 6 feet
4. Changes In grades which would render work done by the
various utility companies, to accov=date these projects,
unnessary could result In claims by these organizations.
It Is inde ' ed unfortunate that these various complaints are just nqd beire
voided. It would appear to us that the basic problem is with the culverts,
which In the case of Lilac street Is the basic thrust of the project.
Whether or hot culverts should be used ve feel Is a policy decision on the
part of the City; either way there are various problems which result.
Apparently the situation which existed prior to this work was unsatis-
factory as It was explained to us by the previous Public Works Director.
Our survey work during the design phase tended to support this fact.
We hope this problem can be resolved In a timely fashion and In a vay that
Is satisfactory to all concerned. We will be happy to assist In arorway
we can and provide additional information if necessary.
1EAS
Gayl"d Sm., Inc. 952.33 Books
Pictmal Inc. 890.17 Projector
im 790.66 Service Agree-
mmt 78-79
PadnvAa Clarion, 881.27 Advertisammu
jume
7-19-78
A/C C!ARGE AlUX P.O.
Health Ins. Payable 4,979.OD
Accounts Payable
2,724.65
Accounts Payable
1,522.38
The folloiAng items are over 0500.00 utdch need Council approval or ratification
VDWR
AIVIRR
DF-SCRIMON
PRWWr/DEPr.
FOR APMAL
Accounts Payable
171.88
Ubza�
Trawlers Insurance
4,979.00
Medical Predun
PY 77-78 Funds
89.38
Cmiq�tions
June 1978
$9.38
Bancroft Vdbw
2,724.65
Books
FY 77-78 Funds
Alaska Industrial
1,522.38
Him. sm. tools.
FY 77-78 Funds
Hn%bwe
bolts, chahm
1978
Action Tin Center
946.50
Weights. wheel
baLnww
PY 77-78 Funds
B&C
1,489.66
Misc. operating
PY 77-78 Funds
791.79
FOR PJ=Ca10N
supplies
Gayl"d Sm., Inc. 952.33 Books
Pictmal Inc. 890.17 Projector
im 790.66 Service Agree-
mmt 78-79
PadnvAa Clarion, 881.27 Advertisammu
jume
7-19-78
A/C C!ARGE AlUX P.O.
Health Ins. Payable 4,979.OD
Accounts Payable
2,724.65
Accounts Payable
1,522.38
Accounts Payable
946.50
Accounts Payable
1,489.66
FY 77-78 Funds
Accounts Payable
952.33
FY 77-78 Funds
Accounts Payable
890.17
Finance
Papair & xftt,
89.38
PW Aonin.
Accounts Payable
171.88
Ubza�
5,219.55
350.64
City
city
Accounts Payable
89.38
Cmiq�tions
1.249.15
$9.38
PY 77-78
Advertising
881.27
Dept. of Rw.
36,546.92
2nd Quartm FWA
Fir 77-78 Funds
FICA Payable
36,546.92
macter state
1,677.33
TeUphme Bill -June
1978
PY 77-78 Fm&
Accounts Payable
1,677.33
Homier ElAmtric
5,219.55
Electricity -June 1978
PY 77-78 Funds
Accounts Payable
5,219.55
11 firm Bmirms Fom
1.249.15
Purchase Orders
PY 77-78 Funids
Accounts Payable
1.249.15
Fadrunda Sanitatim
Garbage Pick-up Juns
FIr 77-78 Funds
Accounts Payable
276.W
1978
M.79
Gas Usage-Jum 1978
PY 77-78 Funds
Accounts Payable
791.79
FOR PJ=Ca10N
city of Kmi wh
Acbomt
14,640.OD
Transfer of funds
centmi Treasury
Twansfer of funds
24,640.00
Dept. of Fish & Gm
7,goo.n
Ommercial. & Sport
Fishing Licams
central Treasury
Deposit frcm others
7,900.31
13.655.77
RatiTamt- June 1978
PY 77-78 Funds
PaW Payable
13.655.77
12194
12911,IM3
IM72
I?A35.12A29
12579,22595
2594,12621
12636.12671
12721,12757
12W,12393
12766,22767
12313
12979
12850,22869
12329 12604
VM: U762
12742.22892
12ml
U993
TO BE NPROVED (OM $500) 7-19-78
Vendor Des=19tim Dep.. "-11"I Account Am=t
Mdbugbtm Book I year subscription(rental) Ubrary Rental 1,911.00
service
Motorola, Ine. Maintenanca Caumnications Repair & 6,000.00
Maint.
Home Business
Pb=s Special Asses; fo=s Finance Office Sup. 702.65
Moore Business MLoc. Offige Supplies Finance offim sup. 546.57
Pbrms
YAW= Rental 1978-79 Ubrary Print. & 2,160.00
Bind.
, m
CITY OF KENAI
ORDINANCE NO. 421-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THAT PUBLIC
NUISANCES EXIST ON CERTAIN PARCELS OF REAL PROPERTY WITHIN THE CITY OF KENAI.
WHEREAS, the City Manager has submitted to the Council a list of parcels of real
property upon which he believes that public nuisances exist, and
WHEREAS, the Council has held a public hearing on the existence of public nuisances
on these parcels. and
WHEREAS, all property owners were notified by certified mail and all parcels were
advertised in a local newspaper of general circulation that the public hearing would
be held and given an opportunity to be heard and, in addition, were given the
opportunity to abate the alleged public nuisances prior to the date of the hearing,
and
WHEREAS, the Council wishes to direct the abatement of those public nuisances.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows:
Section 1: The following structures, materials or dangerous conditions on
the parcels listed opposite them are hereby declared to be public nuisances:
miscellaneous debris and Lot 16, Block 5
materials Original Townsite of Kenai
(Old Amory Building)
Parcel No. 047-071-2000
miscellaneous debris and
materials Lot 19, Block 5
Original Townsite of Kenai
Parcel No. 047-071-2300
Section 2: -The owners of those parcels listed under Section I above and/or
any other persons responsible for or causing those public nuisances listed
under Section I are hereby directed to abate such public nuisance by
, 1978. If such public nuisances are not abated by
5:00 p.m. on that date, the City Manager is hereby directed to abate or arrange
for the abatement of those public nuisances. The costs and expenses incurred by
the City in such abatement shall be chargeable to the property owner and shall be
levied and collected In the same manner as special assessments for public
improvements.
PASSED by the Council of the City of Kenai, Alaska, this 2nd day of August, 1978.
ATTEST:
bue t;. retery Gity wen
VINCENT O'REILLYs MAYOR
FIRST READING: July 19, 1978
SECOND READING: AUqUSt L-*., 191b
EFFECTIVE DATE: Seotember 2, 1978
0
CITY OF KENAI
ORDINANCE NO. 423-78
A ORDINANCE OF THE COUNCIL OF THE CITY OF KENFAI, ALASKA INCREASING EST11-VIATB
REVENUES AND APPROPRIATIONS IN THE AIRPORT LAND SYSTEA1 FUND BY $8,000.
WHEREAS, additional Airport land leases have been signed,by the City since the budget
was adopted, and
WHEREAS, the need exists for an additional mint pickup equipped with local government
and FAA radios for Airport use, and
WHEREAS, proper accounting practices require that all appropriations of City monies be
made by ordinance.
NOW , THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the
following increases in estimated revenues and appropriations be made in the Airport La d
n
System Fund FY 1078-79:
Airport Land SYstem Fund
Estimated Revenues
Rents & Leases
Appropriations
. ..... .... Airport M&O - Machinery a Equipment
$8,000
$8,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of August, 1978.
ATTEST:
Sue C. Peter, City Clerk
APPROVED BY FINANCE:
VINCENT O'REILLY, MAYOR
FIRST READING: July 19, 1978
SECOND READING: August 2, 1978
EFFECTIVE DATE: September 2, 1978-
0
I'
fl --
CITY OF KENAI
ORDINANCE NO. 424-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO, 400-78,
ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE OF AIRPORT LANDS.
WHEREAS, Ordinance No. 400-78 relative to establishing policies and procedures for the
lease of Airport lands was recently adopted by the Council of the City of Kenai, and
WHEREAS, said ordinance revised the leasing policy of the City relative to Airport
lands so that City leases might be more attractive to potential lessees and thereby
the financial position of the City, more particularly the City Airport. would be
enhanced, and
WHEREAS, certain other minor revisions in the leasing policy are needdd to further
perfect the revised City leases.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as
follows:
Section 1: Sections 150 and 160, Chapter 10 of Title 21 of Ordinance No.
400-78 (Provisions Required to be Included in all Airport Land Leases) are hereby
repealed.
Section 2: Section 150 of Chapter 10 of Title 21 of Ordinance No. 400-78
/—,.Is hereby enacted to read:
'121.10.1SO Surrender of Termination.
A. Lessee shall, on the last day of the term of this Lease or
upon any earlier termination of this Lease, surrender and deliver up the
premises Into the possession and use of City without fraud or delay in good
order, condition and repair, except for reasonable wear and tear since the last
necessary repair* replacement, restoration or renewal, free and clear of all
lettings and occupancies unless expressly permitted by City in writing, and
free and clear of all liens and encumbrances other than those created by City
for loans to City.
0. Upon the end of the tem of this Lease or any earlier termination
thereof, title to the buildings and improvements and building equipment shall
automatically vest In City without requirement of any deed, conveyance or
bill of sale thereon. However, if City should require any such document in
confirmation hereof, Lessee shall execute, acknowledge and deliver the same and
shall pay any charge, tax and fee asserted or imposed by any and all governmental
units in connection therewith."
a
J-11- I
fl --
CITY OF KENAI
ORDINANCE NO. 424-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO, 400-78,
ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE OF AIRPORT LANDS.
WHEREAS, Ordinance No. 400-78 relative to establishing policies and procedures for the
lease of Airport lands was recently adopted by the Council of the City of Kenai, and
WHEREAS, said ordinance revised the leasing policy of the City relative to Airport
lands so that City leases might be more attractive to potential lessees and thereby
the financial position of the City, more particularly the City Airport. would be
enhanced, and
WHEREAS, certain other minor revisions in the leasing policy are needdd to further
perfect the revised City leases.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as
follows:
Section 1: Sections 150 and 160, Chapter 10 of Title 21 of Ordinance No.
400-78 (Provisions Required to be Included in all Airport Land Leases) are hereby
repealed.
Section 2: Section 150 of Chapter 10 of Title 21 of Ordinance No. 400-78
/—,.Is hereby enacted to read:
'121.10.1SO Surrender of Termination.
A. Lessee shall, on the last day of the term of this Lease or
upon any earlier termination of this Lease, surrender and deliver up the
premises Into the possession and use of City without fraud or delay in good
order, condition and repair, except for reasonable wear and tear since the last
necessary repair* replacement, restoration or renewal, free and clear of all
lettings and occupancies unless expressly permitted by City in writing, and
free and clear of all liens and encumbrances other than those created by City
for loans to City.
0. Upon the end of the tem of this Lease or any earlier termination
thereof, title to the buildings and improvements and building equipment shall
automatically vest In City without requirement of any deed, conveyance or
bill of sale thereon. However, if City should require any such document in
confirmation hereof, Lessee shall execute, acknowledge and deliver the same and
shall pay any charge, tax and fee asserted or imposed by any and all governmental
units in connection therewith."
a
Section 3: Sectton 160 of Chapter 10 of Tttle 21 of Ordinance No. 400-78
hereby enacted to read:
"Any sublease or assignment requiring Counct1 approval will not be unreasonably
dented and ~he Council, by resolution, may delegate to the City Manager the
duty of approving certatn subleases."
PASSEO by the Counct1 of the Ctty of Kenat, Alaska, this 2nd day of August, 1978.
ATTEST:
"vINCENT O"~[£LY,'HAYOR
~u~ C. Peter' City Clerk ....
FIRST READ]NGi. July 19~_1978
SECOND REAOING:Au~ ~ 1978
EFFECTZVE OATE:_S_e_ptember ~t 1978
I
CITY OF KENAi
RESOLUTION NO. 78-114
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISIIING REGULATIONS
AND UPDATING RATES FOR RENTAL OF FORT KENAY.
klHEREAS, there are currently no regulations regarding the use of Fort Kenay, and
HHEREAS, the rate schedules adopted tn the past need to be updated, and
WHEREAS, tt ts tn the best tnterest of the Ctty that such regulations be established
and such rates be updated.
NOg, THEREFORE, BE IT RESOLVED by the Counct1 of the City of Kenat, Alaska, as
follows:
Item 1. Resolution Nos. 75-60, 75-61 and 76-2 are hereby rescinded tn thetr
entirety.
Item 2. Rental Areas.
(a) Themtn room (ground floor) ts available for use by the general publtc.
(b) The kitchen area may be rented, PROVIDED the main room ts also rented.
Item 3. Rental Rates. Fort Kenay shall be rented on a reservation basis
.~)nl~fld~n~y.dur-tq.t~h°se.hOurs ncktgonflt.c~tng.wtth Xhe Sentor Ctt.tzens nutritional
program. Use of the Fort at any time other than during those hours for which reserved
wtll be considered a violation of this resolution.
Rent shall be collected tn advance from all parttes ustng the matn room of
the Fort tn the following amounts:
1 - 2 hours $ 5.00
3 - 4 hours $12.60
Over 4 hours $25.00
(up to 12 hours)
Rent shall be collected tn advance from all parttes ustng the kttchen area
of the Fort tn the following amounts:
1 - 2 hours $16.00
3 - 4 hou~ $30.00
Over 4 hours $60.00
(up to 12 hours)
No. 78-98; Page 1Jwi~i- ' '
Item 4. P_a_~Lment of Deposit. A refundable key and cleaning deposit will
be requtre-~'-~ a11-p-art-les rent-~ng' the main room of Fort Kenay as follows:
I - 2 hours $25.00
3 - 4 hours $25,00
Over 4 hours
(up to ]2 hours) $50,00
A separate deposit will be required for use of the kitchen area as follows:
I - 2 hours $ 50.00
3 - 4 hours $ 75,00
Over 4 hours $126.00
These deposits wtll be returned to the rentor by mail following return of
the tssued key, provided the Fort ts left in a clean and orderly state and provided
that no provision of this resolution has been violated, as determined by the
Senior Citizens Director. No refund of a deposit will be made untll so authorized
ythe Senior Citizens Director, but under no circumstances will a deposit be held
onger than fifteen (15) days from the date that the Fort is rented,
.In ~he~vent.that.~he.Sentor.Ct~tzens.Otrector determines that the Fort
has not been left in a sattsfactory manner, the deposit will be forfeited by the
rentor in the amount necessary for the City to have the Fort cleaned,
ItemS. Exceptions to. Prov~ston~ of this Resolution.
exempt riP, any prOVision of this resolut'lon except by~ormai
exemption to the Kenat City Council.
No party shall be
application for such
Item 6. Use of any area of the Fort other than the main room and kitchen
to whtch-tTi~-~enter is issued a key is strictly prohibited, Anyone vtolattflg any
provision of this resolution shall be barred from future use of the Fort and their
deposit Mll be forfeited,
PASSED by the Counct1 of the Ctty of Kenat, Alaska, this
1978.
..... day of
ATTEST;
- - VINCENT- O'REILLY, HAYOE - '
Sue C. Peter, CTt~ C)~k '
f
CITY OF KENAI
ltE$OI,UTION NO. 7#~!15
A BF, BOLUTION OF TilF. COUNCIl, OF THE CITY OF KENAI, ALASKA TI1AN.qFF, BItlN¢; FUND8
WITHIN TIIF, 1078-70 (;I/,NEItAL FUND BUDGET ANt! AUTIlORIZING TIlE CITY MANA¢;I.:R TO
CONTBAf~T WITH AMEitlCAN MAILING EQUIPMENT COITI'OltATION FOE TIIF, PURCIIASE
OF MAILINO EQUIPMENT ,AND TIlL~ RENTAL OF A POSTAGE METER.
WHERBA$, the City of Kenal has been leasing mailing equipment for the last fou~' years
under a contrast which expires in Novelnber, 1978, and
WHEREAS, after considering leasing proposals and purehnse prises of two marling
equipment distributors it is deemed to be to the City*s advantage to purchase marling
equipment rnthor than lease, end
WIIEREAS, the cost of mailing equipment from Ameriem Mailing Equipment Corporation,
the supplier which appears to provide the most advantageous offer to the City, is due to
increase on October 1, 1978.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ss follows:
fJeetfen, k
T~enefer monies within the 1978-79 Oerwal Fund Budget as follows:
'Contingen~
($691)
$660
$141
TOe
Non-dopf~tmental/Meehinory & Equipment
Non-departmental/Rentals (mete~)
,S,e~tion 2:
That the City Manager is authorized to eontraet with American Mailing Equipment Corporation
for (a) the purchase cfa mailin~ machine at a ~ost of $396, Co) the rental of a postage
meter, at n monthly I~ental of $11.76, and (e) tobuy out of the present lease at an mount
not to exoesd $106 to p~ovfde the City with a postage s~nle and the opportunity to take
advantage of the out*rent p~iee level.
PASSED BY THE COUNCIL OF THE CITY OF KENAI thls 10th day of July, 1978,
ATTEST:
VINCENT O REILLY. I(IAYOR
Sue C, Peter, City 'Clerk
APPROVED BY FINANCE:_ /~~ ....
CITY OF KEUA!
RESOLUTION NO. 78-116
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AUTHORIZING THE Pi~RCHASE
OF THREE PORTABLE MOTOROLA ILROIO UNITS FOR THE KENAI POLICE DEPARTMENT WITHOUT TIlE
NECESSITY OF COf4PETITIVE BIDDING.
WHEREAS, the Ctty of Kenat's co~nuntcatton equtpment'has been manufactured by
~torola, and
WHEREAS,' tt ,ould represent a great savtngs to the City to purchase only Motorola
equipment stnce maintenance agreements could be simplified, and
WHEREAS, efficiency and publlc safety would be benefited in remaining with one
system since the parts thereof would be interchangeable if a breakdown occurred in
one, and
WHEREAS, Sectton 7-33 (2) authorizes the purchase of equipment costing in excess
of $2,500wtthout the necessity of competitive bidding when that equipment can be
purchased only from a single supplier, and
WHEREAS, there is only one suppller whtch provtdes the needed Motorola equipment.
NOW, THEREFORE, BE IT RESOLVED by the Counctl of the City of Kenat, Alaska, that
· the Police Oepartment is hereby authorized to purchase three Motorola portable radio
/~.~untts for a price not to exceed $1,500 each from the distributor of Motorola.
PASSEO by the Council of the City of Kenat, Alaska, this 19th day of July, 1978.
ATTEST:
VZI~ENTO-'RE~-LL¥',' MA~OR
Sue c. Peter, City Clerk
CITY OF KF. NAI
RESOLUTION NO. 78-117
A RESOLUTION OF TIlE COUNCIL OF TIlE CITY OF KENAI AUTIIORIZING PEAT,
MARWICK, MITGIIELL & CO., CPA'S, TO CONDUCT AN AUDIT OF TIlE CITY OF
KENAI CAPITAL PROJECT FUND ENTITLED "KENAI COI~IMUNITY LIBRARY" AND
RESCINDING RESOLUTION NO. ?8-46.
WHEREAS, the State of Alaska, Dopa~tment of Education, hfls directed the City of
Kenni to have an independent audit of tho above-mentioned project, end
WHEREAS, the audit fees for this audit nfo eligible nests undm' the 8Tnnt nf~reement,
smd nx, e thus $0% reimbursable from the State of Alaska, and
WHEREAS, Peat, Mnt~lok, Mttohell & Co. has offered to perform this audit at $0%
of thet~ standard billing rates, and
WilERBAS, Peat, Marwick, Mitehell& Co. has audited tho majority of this
in eonJunotion with tho normal annual nudtta that have taken pines during the
px. enedtnl~ three risenl ysars,
WitaRBAS, Resolution No. ?8-46, dated Marsh 15, 1078, had approved this audit
to bo ~enduoted at an amount not to exceed $?00 but the subsequent proposal and
filial b!l__l_~ng fFOm Pent, Ma~wiek, Mltehell& Co. was for $1,000.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI
that Peat, Marwick, Mitehell& Co. be authorized to eonduot an audit of the City
of KenM Capital PFOJeet Fund entitled 'Ksmni Community LibraFy*' at 80% of theh'
staminFd billing Fates st an amount not to exeeed $1,000 and Resolution 78-46
ie herel~ ~er~inded in its entirety.
PASSED BY THE COUNCIl, OF THE CITY OF KENA! this ISth day of July, 1078.
ATTEST,*
VINCENT '0*REILLY, MAYOR
S~b-C~-P~eF,'-City Clm*k
APPROVED BY FINANCE**
CITY OF KENAI
RESOLUTION NO. 78-118
BE IT RESOLVED I~Y Till;. COUNCIL OF THE CITY OF KENAI TJJAT TPE FOLLO~VlNG
TRANSFER OF MONI~.S BE MADE WITIlIN THE CAPITAL PROJECT FUND ENTITLED
**AIRPORT DRIVE PA.VINO", LPW PROJECT NO, 07-51-26997, AS ESTABLISHED BY
ORDINANCE NO.
FROM:
Contingency ($8,713)
TO~
Construetion
$8 ,?13
The purposo of this resolution is to transfer funds for the installation of fencing
et the eenter short-term parking lot et an amount of $8,218, and barrier posts
et an amount of $495,
PASSED BY THE COUNCIL OF THE CITY OF KENAI this 10th day of July, 1078,
ATTEST**
' ' Vm EST OI EILLY,
Sue C. Pste~; C~i~Y Clez*k"
APPROVED BY FINANCE**
CITY OF KENAI
RESOLUTION NO. 78-119
BE IT RESOLVED BY TIlE COUNCIL OF TIlE CITY OF K£1~AI THAT TIlE FOLLOtVlIqG
TRANSFI;,R OF MONIES BE MADE $¥1TIIIN TIlE CAPITAL PROJECTS FUND
ENTITLED **REDOUBT WAY PAVING** LPV; PROJECT NO. 07-51-26965.
FROM:
Contingency ($300)
TO:
Inspection $300
The purpose of this resolution is to pFovide funding for the excoso of the
inspeotion r~ontraot with PMA, ino. over the budget as approved b~* Ordinance
No. 371-??,
' PArSIfal) 'BY*TKE 'COUNCIl, 'OF THE (~ITY OF KENAI, this 10th Clay of Jul)*, 10;8.
ATTEST:
VINCENT O*REILLY, MAYOR
Sue C. Pete, Ci~ Clerk
APPROVED BY FINANCE**
CITY OF KENAI
RESOLUTION NO. 78-120
BE IT RESOL'V~D BY THE COUNCIL OF THE CITY OF KENAI THAT TIlE
FOLLOWING TRANSFERS OF MONIES DE MADE WlTIIlN TIIE FOLLOWING
LPW CAPITAL PROJECT FUNDS
FROM:
Contingency:
Airport Drive Paving - #07-51-26997
Water Sewex* Lines - #07-61-26966
Redoubt Way Pavin~ - #07-§1-26965
Street Improvements - #07-51-26998
FiFe Reservoir - #07-61-20074
($ 565)
($1.106)
($ 817)
($4,623)
($ 284)
TO**
Inspeotion
Airport Drive Paving - #07-51-26997
Water Sewer Lines - #07-51-26966
Redoubt Way Paving - #07-51-26965
· --Street.Improvements -.#07-~51-26998
FIFe Resm. voir - #07-61-20074
($ 565)
($ 1,106)
($
($ 4., 523)
($ 284)
The purpose of this resolution is to tx. snorer monies fo~ the purpose of providing
f~nd8 for smweying eha~ges by MoLane e Assoolates, a8 billed to PMA, Ins.
plus 6% per the PMA invoice #21078a dated June 26, 1978.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this 19th day of July, 1978.
ATTEST:
VINCENT O'RRILLY, MAYOR
flue C, Peter., City Cl~k
APPROVED BY FINANCE,'
CITY OF KI!NAI
RESOI,UTION lqO. 78-121
A RESOLUTION OF TIlE COllNC1L OF TIlE CITY OF KERAI, ALASKA, AUTIIORIZING
ADMINISTRATION TO SELl, TO 'HiE PORT OF KIiNAI TANKS TIIAT ARE IN Tile
SHALLOilr WELL BUILDINGS TIIAT IIAVI'.' BEliN DECI,AREI} SURPLUS.
WHEREAS, the building, materials and related equipment have been
declared surplus by the Council of the City of Kenai, and
WHEREAS, the bids for the shallow well buildings, materials and
related equipment were all rejected, and
WHEREAS, the Port of Kenai.has offered to purchase the tanks lodated
in these well houses for $400 each, and
WHEREAS, these tanks have no useful purpose for the City of Kenai, and
WHEREAS, the price for these tanks seems reasonable and fair.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai,
Alaska, that the tanks located in the shallow well buildings be sold
for $400 each to Pert of Kenai.
PASSED by the Council of the City of Kenai, Alaska, this 19th day
of July, 1978.
VINCENT O"REILLY, IqAYOR
ATTEST:
Sue C'.' Peter, ~ity C16rk
I,KA.I.:
AlttPCllt'i* I.ANIAS ()It F'A('II.rI'II*:.'4
TIllS At~REI?.XW. NT. ent,.r~,d into this . .
19__, by and hrttvot, n tho CITY OV
~Alusku, h~cin~ftor celled "City", .nd Kenat Peninsula ~untt~ Care
~nter, an Alaskan non-profit corporation
That tho City, in eonstderntlnn of the p~yment.q'of the rents ~:td
the performance of ull the eovtmants hvrein colttditt,.*d by the l.essoo. ~nes
hereby demise and lease ~ the Lessee the following (Ie~rih,M pr~,e~ty in t~
Ke~i R~ording DJMrJct. S~te of Alan,; ~ ~.it:
FAA Houstng Area, Buildings PI05 and 106, Gover~nent
Lot 5, Sectton 5, TSH, R11H, ~-~srd 14ertdtan.
Term: The tom of this Lease is gar one years.
commencing on,he 1st day of ~ , 1978, to the ~th day of
~. ]979 , nttho ~~ff'~nthly ~1 of S770.26.
Pe]~ment: Subject to the terms of ct~.n¢..rnl Covenant .~, 10 of
thl~ Lease, tho rental specified herein shall be payable ne follows:
(a) Right of entry and ~eoupm~y lB authorized iM of the 1st
day or July . 19~7B, #s~dc~hlx~%~kmolixnhaikJox~ennh-mtotk~z#mx~--'-"'--'
11etex~n~xliiizxxxxxxxx~m~lxx~tox2~$xxxxxxxxxxxx~xx~J~'~,xxx --
~.~tx~xxxxx~~
~nthly
'~) ~~t'~tho fi~al'~-beff~,~g July 1 ~d end~g
J~ne 30 8hell be ~able Iff advanoe, ~ oF b~ore tho firm day of .~l~
~x Math.
math
(o) Renal rer ~ peHod wh~h b lose t~n one (1)~ o~li
be pF~a~, based on ~e v~ or ~o ~8t full y~v.
or $ n/a
(d) The vent specified herein Is calculated se follows:
square feet at $ n/a p~v square foot per year,
per yews
In eddltinn to the rents specified above, subject to ClenAvel
Covenant tqo. 10. the Lessee f~reea to pay to the City fees as hefelmfter
provided:
(s) Assessments for publfo Improvements now benefiting property
i; In th, smen,t n/.,. .
;t
: Co) Applfeable t~xee to leasehold Interest or other aspects.
i*
. ! (e) 8dee Tax now entered ~ levied In tho future.
i.
(d) Lessee s~eea to pay ell eeseemofltg I~vled in the future by
City of Kemli. al Ir Lessee w~e ~onelde~od legfll owner or rseox*d of leas~
(e) Int~e~ It ~ ,.ate of eight point (88) p~ in~m ~d ten . ,
F~t 00~) ~lflK on my ~nt or ~fl~ ow~ under ~h~s
~t peM m ~ ~r~ ~e ~ts tt b~mes due, ,
~sge One, LEASE
Revlefen41S9/?6
The I,Url~.e tnr which thi~ I.r.',.~,; i. if;.~u.d is:
tO operate a Juvenile care center Cactllty
I. tfs~s: Exc..pt ~s providd,d I,,r,in. rmV' l'4,~,uJ.'lr
or ~eilltle~ without the wl.tltrn consent of th,, ('ilv ;. I,t'(~lsihitl~I. This
public Uses, such a~ pap8enger t~rmtflnls, nut-sm~bit- .:*~'k[~ re'est, ,md ~tr,,,*f~.
enterprl~, other t~m a~ ~i)(~ifle~llly set forth h,,,.,'tt~, t,e,,e,
3, lmpoun~-,f Pr~,o~rt}'~. AnY or .11 ne~sonel
p~ or used u~n fonds or in facilities in viotntton of oPohibitiens ~ey
~emv~ end/or impounded by the rite, nnd wh-n ~ rrm,~v~ nnd/ne
~unded~ such property m~y be eadeem.d by tho owner thet~nf only un~n
the pa~ent to the City of the easts of tom.al plu~ ~tora~e chae~es
per ~y, or 65.00 pop dry in tho ease of each bufldin~ ~r each ~ireenfi in
~eess ~ 6.000 p~nde gross weight, ~ in tho ease ~ any
proper~, an a~unt ~t to e~eed S5.00 per day, or ~ e~ord.nrm wi~ Gush
high~ fees as may be tneorp,)rated In~ eeKul.tions of Cft~'s ~trpo~t.
4. Commitment for Rent and ~,m-AaalRnm.n~
~ ~y the aflnuol re,roi and t~ epeeift~! qnd nc, t G; a~t~:, fhi~
ny pM, not I~, noF sublet, oJthc.~ by ~rfl~t rj~ lmoUeettofl, th~ ViY.21e or
any part or tho pFemises wi~out ~Jeen eon,ant ~f tho 9J~.,
e~ ~ o~alned pursuant M the tollowin~
b) 'SUbml~t~ 'm,'end 4p~owl Of,'Dropo~nd
~ K~I P~8 C~mfssion.
~) A~I~ epprov~ by the ~nt PJAflnfna ~io~on, final
opp~ or ~an~er by the City
,,
~Y 8os~m~t In violat~n or thl~ ~r~fslon ~ell be void, end
sM bo ~d8 roF esnoe~atfon ~ this r,e.e by the
S. T~atment of O~l~: ~e Leone a~ePe to k~ the
pF~ieee olean ~ g~ o~de~ at its owe ~p~se. ~ff~nr no
, w~ ~emf, ~r Fe~vinR any ma~l t~r~rom, wit~uI wFJtt~
~ pemles~n of me City. At tho ~piut~n or the t~m fixed,
J, ~m~t~n of the Line, tho Lessee wm peee~bly end qul~ly quit
~t s~e~ ~e pFmises M the
6, Pi~ent of Rent~ C~ke, bank dFafis
~: ,~ be made payable -- th~ City of Ke~. and delive,~ to the Ci~
. AdmJnl~atfon Bufld~f. Kenal. AIo8~.
' m~ be neat and presentoblo and ~patfble with it5 U~ and su~oundfn~,
jP~ M p~Jng of ~ mateFi~ and/oF ~nst~etf~ or buildings on o i~d
.. m~es, the bs~ 8~1 submit a plan or p~po~d d~velopment
~i ~e CI~ P~nninK ~mmisst~ whiah 8~tl bo opp~v~ in writinf
Pile 'Two, LP. AGR qevlslon 4/29/74t
la~l sddres, of r~ord hi Ih~ (ilo. of th(,
Il. nff,,r t~ I..a~- A.,:~.l:r.!..?~' Tho nff,,r
~I1~ .1 ""i Iim~ .(l~l' llltrlf I~O) ~ay~ from ~,h~i~to~
15. ,~l~e,~lv. lo~ fill.: The ish.rosls lr.nsf~rro.], or
by this Lc~e are suhj,el lo .~ny .~ml all of tho ¢~-on~ml.% terms nr co;t~itt, m.c
~oetotned hi the instr, r~(~nts cenvcyin~ Ifil,* or uther i.ler,,;l; to
rea~onnble times, to entor the premi~es, or any part thereof, for rite
of issp~etlon.
~ a~n9, s~ts, IJabJlitJ~ ~ domo;~ resulting fr~ ~r ~tsin~ ~l of ~y
~ of comm~s~n or omission by Ute l,oss~, his n~ents, pmOl~ne$, cu~to~pr*.
Iflvltee$, or arising fro~ or out of tho f,e~ee's ~euppt~n, or use of tho prp~sv;
demised, or prlvUeges grantM, and to pay MI coM~ coflflcot~ thoretvfth. I~
~18 ooflflectlofl, ~e f, esseo agree6 W arrange ~nd pay for ~11 the foilmftn~:
fa) Public liability insuranee protecting b~th the ~,ity sod/or
lis eg~ts find the Lessee, suah insur~nee ~ b~ ~M~c~ by q certifiers
~wing the Jn~ron~ iff fores. T~ ;~unt of such puhlto Ihhflfty ln~rnnee
S~H have fimits ~t less t~n tho~ known as ~S1~0.000/$300,000/~
~o) Lessee agrees to carry employer's liability Jnquranee.
Workmen'o CompommtJon Insurance, and to furnish a certificate there, of to
Ute City.
fo) insucon~e ~ontr~ta I~rovidfng liability lnouronee and
Wmdunen~e~npenmtlon,al~l pco~lde for ~ toss then lthifly
written notice to the City of ~neell~tion or e~plrotton or aubst~ntial ohenge
polloy eo~dlUo~ ~d eo~erage.
(d) Lessee ogrnes that waiver o! subrogation against the City
shall be requested of Lessea*s fnsuro~, and shall be provided at no east to
the City,
(e) ~ It is understood And agreed that tho
afforded by UJi6 policy or pol~ios for mare ~n ann flam~ Insure4,
o~aM M JMr~ the limit8 of the ~pany'8 liability, ~t otherwt~
opo~ M lhit o~ void ~e eov~e of ~y one n~ ~F~ as
~hlm8 8~otn~ the ~me n~ ins.r~ or employe,8 of ~eh outeP
Insu~.
18. AeeountlnffOblJ~atfon*. Lessee agrees to f~trnfsh the rity an
annual sworn statement or~OSs-buslfiesS-re~eilatO and/or on annual ewers
~.~ment ortho numh~f or gallons or fuel and oil sold and/or soy eortlfleet~
or statement to substantiate the ~omputetlon of rests or fees. ineludins report~
to other governmental agencies.
19, Colteetlon of Unpaid Men,fee: Any or all rents, Charges, roes
~ other ~onsiderstlon whte# ore due and unpaid et tho expiration of voluntary
or involuntary termination or aaucallatlon o~ this Lease. shall be a ohsr~o
sffalnst tho Lessee and Lessee*o property, real or personal, and the City shall
have ouch lien ~lfhtn ss are allowed by Law, and enforeemaflt by distraint
initlalsl
Revision 41191te
t/, ,/,
STATI". OF Af,AgKA )
TIIIRD ,fL'IIICIAI. I)l.q'l'l~l¢'T )
On this ._~.:t.l.. d.~y o( .'~.~,, t_~', ~ . 19 ~ ~ . bol-~r,. ~...
W~ Ox~tod tho nb~'~ f.e~,;~ ~ ne~c,,~'~;~i~ ,t lt~ (~h~) ~J,td tit,,
authorJt)' to sJ~ the s,,m~, for thc, put'p-~m et,tt,~4 thru'nfs.
ACK.~OWLEDG~IE.~T FOR Pt'~I~A,~I) A~n t~'IFF
STATE OF ALASKA
THIRD JUDICIAL DISTRICT
)
)
)
Before me. the undersigned, e .~oMry Public in nad for the
of AlesJm. on this day personally appeared
end . husband :,nfl wife. both knovm to bo '~.
poF~ w~se ~me8 ere ~bseFib~ M the f~r~ofn~ Lease, end
M mo ~t ~ey o~t~ the some ns their free ~fld ~olun~ry net nnd deed,
o~ foF ~e pu~soe ~ e~sMeFat~ne therei~ ~press~fl.
GIVEN UNDER MY HAND A.%'D SEAL OF OFFICE. this
of ............ , 19 . .
NOTARY PUBI, IC FOR ALASKA
1Wy ~ommfssion Fxph'es:
~} ~ASE CONCE~ A~ DE~P~.~ PLAq APPqn~ by Kanji Plsflnfn~
~ ~mleslofl this day of , . 19~.
8ECqETANY
APPROVED A8 TO LEASI~ Ft~RM by City AttoFfloy
APPROVED by Finesse Direeto~
APPROVED by City Menofer
LEASE APPROVED by City Couneil this .... day of
Page Nine, LEASE
· i::. ' '." '~":; :':' :~-: .... '" -' ......
OnlUel$) f
CFFY CLERK
Revision 41f9/76
ASSIC~,~IT OF
ASSIGN~.NT OF SUBLEASE
I~HEREAS, KONSTANTINAS DIMITRIOS ~L~CHERAS, d/b/s PIZZA
P~L~DISOS, is Lessee under that certain lease agreement dated
November 3, 1975 and recorded on April 20, 1976, in Book 94 at
Page 359 in the o££ice o£ Kenai District Recorder, ~herein he
leased £rom the CITY OF EEtL~! certain ~eal property located
in Zhe Kenai Recordinz District, Third Judicial District, State
of Alaska described as:
and,
Leasehold estate ln Lot One-A (IA), DESHKA
SUBDIVISIOH, accordin§ to Plat K-1577, located
in the Kenai Recording District, Third Judicial
District, State si Alaska, created by Lease
dated November 3, 1975, executed by CITY OF KENAI,
Lessor, to KONSTA~TINAS DIHITRIOS I~ACHBRAS d/b/a
PIZZA PARADISOS, Lessee, recorded April 20, 1976
in Book 94 at Pa§e 359.
I~Ifl~RF,~, Lesaee's interest was assigned Co Charles
J, Crabaugh and ltoberta J. Crabau§h, (hereina£ter called
Assayer0), by asei~nment gated ~ay 27, 1977, recorded on
~y ~1, 1977 in ~ok 108, a~ Pa~e 976, and re-recorded on
June 25, 1977 in Book 111, aC Pa~e ill, in Che o~fice o~ Che
ge~i Discric~ ~corder; and
~,- as ~ inductee ~o the SCats o~ Alaska,
w~es~Ced 'by She Director o~ Veteran's A[~airs o~ said
(~rei~er eall~ Aso~) ~or said Ba~ ~o advance co As-
'sitars cer~in s~8 o~ money, Assisnors ~ish ~ aosizn co
Asoisnee ~heir rl~h~s under said lease,
i' N~ ~F0~, In considera~ion o~ and as collateral
~or a loan o~ certain mnies ~o Assists by the S~ate o~ Alaska,
r~resen~ed by ~he Di~ee~or o~ Veteran's Affairs o~ said s~a~e, '
Asais~rs hereby assign and convey co ~he Scats o~ Alaska,
represented by the Director o~ Veteran's A[fairs of said
all of ~heir in~eres~ tn and ~o ~ certain lease of ~he above-
~acribed pr~ises for ~he ~e~ o~ said lease, or un~il a release
'o~ ~his assi~C ia executed by Assizes and delivered ~o _
~si~o~s indica~in~ ~he~ any loan ~or ~hich ~his asig~n~
la collateral has been fully satisfied,.
· Assizes s~ll nsc be obliRaced co per~om or dis-
i~c~Se any obliSaCt~, duty or liability ~der said lease
a~nC and Assi~ors hereby asree to ind~ify and hold Assisnee
~less o~ and fr~ any an~ all liability, loss or d~6e ~hich
itt my or misht incur under said lease or ~der or by reason
~ ~. "' .
Ii
..Assignors:
CHARLKS J. CsABAUGH
ROBKRTA J. GRABAUGlt
Aeeisnee: .
_ STATE OF ALASKA /
"'t:att;~', ecCor o- eCe n s a r5
STATE OF ALASKA
THIRD JUDICIAl, DISTRICT
~XS IS TO CERTIFY that on chis day of ,
1978, before me the undersigned [~-/~ry Public ia and
Alaska, personally appeared CHAP&ES J. CRABAUGH and ROBE~t't'A J.
CRABAU~i known Co me to be the persons named in the foregoing
instrument, and acknowledged to m~ that they executed the
freely and voluntarily for the uses and purposes therein contained.
Zl~ IFII~E$S ll~EOF, I have hereunto set my hand ~nd seal the
day and year first hereinabove
t~oCary
l~y Commission expires:
STATE OF
~IS IS TO CEETIFY that ~ ~he 5~h day of 3uly , 1978,
before me, the undersi~ed Notary ~ublic tn and '~or' Alaska,
personally appea~ed ~. B. Mayo, Ro~ros~nt~y~ o~ Imo~ to
t~ ~ATE OF
the ~o~e~oinE inot~ent and ac~;ledEed to me t~t he executed
the 8~ freely and voluntarily for the uges and ~rposes therein
contained.
I~ ~I~SS ~OF, I have hereunto set my hand and seal the day
and year
Notary Public ~or S~aCe o% Alagka
~y C~lssion ~pires: G-2-82
P, o, iol mi
AND APPROVAL
~he CiGy o£ Kenai~ Lesso~ unds~ ~he above dese~ibed
lease does he~eb~ oonsen~ and approve o£ Ghe assiF~nmen~
of aaid lease for seouri~y pu~posea Go the SCare of Alaska~
represented by ~he Dlveoto~ of Veterans* A££ai~e o£ said
DATED CI?¥ OPKENA!
i
City of i:~nai Invoice ~2107RR
P. O. Bo~ 580 June 26, 1978
Kenai, Alaska 99611
ATTENTION: £eith Kornelis, Public ~'orks IHrector
Ross Kinney, Finance Director
INVOICE FOR RI?IHBURSA~L~S
Surveying services for the Ronth of May per Mcl,ane R Assoc.:
BDA ~07'Sl-26998 ..... $4,$07.00)t~ 5~"
EDA 107-51-26965
'~DA ~07-S1-269PT .....
~DA 107-S1-269~6
EDA 107-51-20074
778.00/+ 5% =
$38.00~+ 5t =
1,055.00/+ S~ -
270.60/+ 5% =
$4,522.:35/
816.90./
S64.90/
1,105.6S*/
283. SO/
TOTAl, DUE ........ $6,946.00 4 S~ ~' $7~203.30
... ~ ,of
Project Hanagers Alaska, Inc.
Drawer 4040 -
Kenat, Alaska 99611
McLANE & ASSOCIATES
~F. GSBT~.~U &&ND SU~W.TOflG
P.O. EJOX 4Gi~ · PflONK 2U::I.42t~
~OL~OTNA, ALASKA ee6ee
June 5, 1978
INVOICE
Surveying services rendered on E.D.A. projects for the Ctty of Kenat during ~ay
)978 as per attached time records · .
PRO3ECT NO, 07-51-26998
v ~alker tn. 3 man crew 17 hr. P $60.00/
1 mn crew 1 hr P 18.00/
EDH equipment 1 day O 35.00/
stakes
$1020.00~
18.00/
35.00/
25.00
· Subtota3 - - ~1098.OQ,.+
u/_LIiac St. 3 man crew; 17 h-rS.0OS'60'O0;1 e ; $1020.00/
1 man 1 hr. O 18.00/
EDH equipment 1 day ~ S.O0'1;~¢? 35.00/
stakes 26.00 .
//4th St. 3 .n ere, 19.5 hr. ,~ 60.00' 1170.00/ ~- '~X'
' E~_ equipment 9 35.00 / day 35.00 ~ ~. %
E~ equt~ent 1 day 8 35.00
' Subto~l - - "
PROaECT NO. 07-51-~6998 SUBTOTAL $4,~07.~
6-5-78
IfiVOICE (cont.)
ProJect M~rs. Ak. Inc.
Drawer 4040
Kena$. Alaska 99611
PROJECT NO. 07-51-269;5
~,~edoubt Hay_
3 man crc~ ~2 hr @ SSO.00/
I man 1 hr. @ 18.00/
EOn equipment I day g 35.00/
stakes
Subtotal - -
PROJECT ilO. 07-51-26965
~PROJECT NO, 07-51-26997
.Loop
3 man crew 8 hr, g SGO.O0/
1 man I hr. O 18,00;
£D~ equipment 1 Cay g 35.00;
stakes
Subtotal
PROJEC¥ ilO. 07-21- 25997
· PROJECT NO. 07-51-26966
'~ #tllow St 3 mn crew 12.6 hr. g 60.00~
.... I mn I hr. O 18.00~/
EOM equipment O 35.00/day
stakes
Subtotal - -
%, McCol lure $_~t_.
sel~eg'
3 man cre~ 4 hr. g 6,1.00/
Subtotal - - -
..... ~.'-N0.07-51-20074
PROdECT ilO, 07-61-26966
PROJECT ilO. 07-61-20074'
Reservoir. 3 mn crew 4,6 hr 0 60.00'"- 270.00
TOTAL OF ALL PROJECTS
Gov*t project No tax
BALANCE DUE
$ 720.00/.
18.oo/.
· 35.00J
5.00
$ 778,009,
SUBTOTAL
· 480,00,/
18,00
35,00
6,00
SUBTOTAL
$ 750.00/
· 18.00/
36.00/
10.00
240. O0 ~
S1053.00~
SUBTOTAL
SUBTOTAL
S778.OO
S538,00
SlO53,oo
270.0o/
$6946.00
0
S6946.00
City of g~na!
P.O. Box 580
genai, Alaska 99611
June 29, 1978
Invoice lo. 1415
billing in connection viCh:
)~76 and 1977 councLl on aging p~ograum and 1977
Partner '5.0 hours'
Houager 17.0K ours
Senior accountant ~9.5 hours
l~_~hours
· . Fee at 80~ o£ standard rates
· .*-' "' Out-of-pocket costs
-' . Reduced to proposal
· ~bltc Librst-/ Construction Grant P76-I:
briner 2.0 hours
I~naser 10.$ hbu~s
Seut~* Accountant 29.5 hours
eeh°urs
at 80~ of standard rates
Out-of-pocket costs
Reduced co proposal
~oo
/~Leos prosress billing April 17, 1978
~{~q~y_ Balance no~ due
$2,177.00
182.00
2~35__9.__00
$1,241.00
__ _ 61.00
$1,500.00
1.000.00
(2.000.00)
WINCE · CORTHELL & ASSOCIATES
CONSULTING eNGmNemm$
RO, les l-lg'd l/d-1141
ANCNOIAOI, A&ASKA
3'uly 13, 1978
J'obn R,
A-X LLIao St.
· ~ Billable ~/aek
$3,000.00/
~ #o~k
gev Work .......
~e~oum
Amm~t l~e
A.6 himu Vlqr
~"'eq,.oue
$2.3. O0 /
88.28 ,/
X.O hz*e g $13.00/ $X3.00/
h&,eL
Aim #. Cmbll, P. I, - · ~ · fbi W. Wime, P. I.
John F. #ise Pa~e 2 ?/~3/78
B-2 (MA. Wst~. Line
l't*evtoue #ork $5,000,00 ·
Amount Due ~l,O00. O0
WiLlow Street Water Line
(and rebtddin8)
M~CoLLum Dr. Sewer Line
(and reMddins)
Ver~tFulyyom~,
WINCE · CORTHELL & ASSOCIATES
CONSULTING ENGINEERS
P.O. lei ~.$f4 i74.114~
A#C#OIAOI, &L&SEA
;chh ~. Vise
City ~na~e~, City of Ke~i
~bJeet:
BILlir~ for EnGineering Services
1977 Street Pro3ects
B~sie Services
l~e~ee consider ~hie invoice in the ~o~rt of $2,616.25 as c~sati~
~ ~in~L~ pe~o~ en .the o~3~t ~3~8 for ~8ic B~n~rl~
~iee~ ~ in e~i~ce vi~o~: ~.~i~.~ices Contract, See-
tion C.
$~8.0o/
8u~a~ of ABou~t ~e
~ Gte . $~,~
X certify thst the above chad&es 8~e correct and thst pGTBent therefoz'e
hs~ ~o~ been ~eeeived.
Ve~ t~Gty
Men N. Coffhelf, R I.
~4nk w. Wince, e.I.
WINCE. CORTHELI. & ASSOCIATES
CONSULTING ENGINEERS
R O. lei S-:S'9d ~Td .1145
ANC#OIIAGm, ALASKA
~.~313, 1978
CiC.v Mam~er, City of Esha!
Sub, est ~
Blllt~ for gn&~neerin6 5ez~Lees
Construction Support Services
Order
FZe~se emmider this invoice in the emouut of $$,10?.00 as compensation.
f~ ~n~M p~m~ ~ the ~bJe~ ~Je~s ~ bssie ~ne~
C.
A.I Mlae Street (Construction)
Ensinee~ I '6 hfs @ $3~.00
A.2 Wa/keF Z,e~e (Const~uetion)
En~.neer ! 12 hfs ~ $3~.oo
A-3 Redoubt ea~ (Construction)
~ineer X 8 h~s · $3~.oo
,..q~ L~ptne/Fern (Cons,=~Qtion.)-..
A-5 ~th Street (C~ion) · an~neer ~ 8-1='s
~..6 ~u w~
'G)ta3. to date
Total to date ~'~'
TOtGZ to date
To~al tO date
~ to date '
TotaZ to date
Alfa #. Coif#ill, P, I.
beak W. WkmOo R l.
· ohn g. ~iee Page
I)-1
Airport May Loop (Construction)
· n~nee~ ! 3.0 hfs @ $3~. OO
Tota~ to date
~-1 ~tr~ort ~a~ Loop (ChanSe Order)
mSineer Z ~O h~s ~ $~.00
Total to d~te
Street ~nte~ Line (Chan~e O~der
~otal to d~to
Fiz, e l~draut (Charade Ordee'~ '2)
Tot~ to d~to
Total ~ount Due
$238. oo '"
~a3~.oo
CZTY HANAGER'S REPORT #14-78
(JulH 19, 1978)
PUBLIC HEARINGS
1. Ordinance No.. 419-78
Thts ordinance ts scheduled for publlc heartng and ts relatfve to revtstng the
Code regsrdtng penalties and offenses. Thts deletes some of our blue laws and
e11Meates the penalty of ~atl rem, whtch would be very expensive for the Ctty to
Implement.
2, Ordtnance No. 420-78
Thts hearing ts relattve to the mobtle food vendor ordinance whtch the CttH
Attorney has prepared.
3. Ordfnepce No.'422-78
Thte ordteance Js relative to a request for an emergency ordinance and a publlc
hearing on such appreprtattng $30,000 for the CH2H Htll.s~dy of~h? A~rpe~.runway.
Thts ts the Prellnflnar~destgnwhtch the Counctl author~zoo at 1ts Jes~mee~ng.
Zn¢tdentlH, the crew fromcH~ H~11 ts here now and wt11, beginning thts coming week,
be dotnge certetn amount of test excavattoo on the runway to determine 1ts strength.
-. Thts. hearing fs relattve to abatement ?f public.nuisances. Thts ts prima~t!H
tn reference to the dahrtg mtscelleaeous material tn aaa around the Old Amor~. ,o
data v111 .be tncluded tn thH packet at thts ttme. Ho~ever, we wtll have photographs
and amore spectftc report for the Counct1 on k/ednesdaH ntght, Ne particularly destre
to fnsure that ~e are current as to the offenses at the ttme of the hearing.
PERSONS PRESENT SCHEDULED TO BE HEARD
S. Hr. doseph Langston
I understand Hr.. Langston wtll be appearing before the Coundt1 to co~ent on the
rater color. Ne assmm that he ts unhappy with the color of the water fram Hell No. 2,
tdltchveut11 be turning hack on tn the ver~near future nowthet the break ts repetred
at Ltnwood and Kaknu.
6. Mr. Jack Thompson
· Hr, Thmpson leasesLot 10, A1Heska Subdivision, where the post office ts located,
He has tncluded tn the packet e letter requesting reconsideration of the proposed lease
rate. The lease rate was Initially computed tn1968 end was not ad3usted on the five
'year anntversar~ fn 1973. In obtaining an'appraise1, the appraised value et a slx percent
return vould requtrea $.14g per squa.re foot charge for the. properW. As he peters out
tn hts letter, hts ortgtnel rate vas $,03 per square foot. He obviously feels that the
difference ts substonttal and unreasonable. He has proposed tn hts letter that the rate
Administration ts that ye have some
&dropped to $.06 per square foot. Cmment b~ the
sas ~htchvere reappraised lest year vhtch are currentl~ et $.066 per square foot end
! M)uld have to recongnend that the Counct1 not accept the $.06, but rather ask for $.07
or $.08 per square foot as betng e reasonable rate of return considering the circumstances
of the Ctty's fatlure to properly reevaluate the land tn 1973. There certainly ts no
question that the land has significantly appreciated and appreciated far more than the
/--~normal or stmple rate of Inflation. Therefore, ! would recommend that a rate of $.07
or $.08 he requested.
CORRESPONDENCE
7. Ftrst Baptist Church
The Ft?st Bapttst Church ts requesting use of the land adjacent to the Chamber
of Ca=narco cabfn for a revtval meettng. Hy camment would be that thts land wou]d
herhaps be Inappropriate due to ~nadequate parktng and the parktng would presumably,
erefore, tntrude on J~m Bookey's property. Z would suggest as an alternative .etther
the F~Agrounds or Old Runway area where there ts adequate access and parktng area to
accomdate a tent revival.
NEg BUS!HESS
8. Ordinance No..~1-78
Thts ordfnence fs relattve to abatement of publlc nufsances, prfmrfly the
4ahrtg property. Zts Introduction ts contingent upon the ftndtngs of the heartng on
abatement of publtc nuisances scheduled for the same evening.
9. ordtna~ No. 423-78
Ne are asktng for Introduction of an ordinance appropriating funds tn the Land
..Systmof some Se,OOO and authorizing an approprtatton forthe purchase of a ptckup
;tuCk and rkl~.~d~ra~tos. "Fhe'reason.~hatwe are asking for thts ordinance at thts
"time ts that~e anticipate, vlth the other leases that ere on the rtse wtth the CtW,
~e~r111 be able to fundan Individual to be operations manager for the Air,orr and-
provtde the servtce to the Atrport whtch ~e are currently deficient tn. it~ould be
desirable to, however, provtde for the transportation requtred for such a posttton
at tht$ ttme due to the ttme requtred tn acquiring the vehtcle ami getttng the necessary
equipment. ~ acttng on tt no~, we w111 be tn a posttton to retotn an operations
manager~or the Atrport tn, ! hope, approxtmatol~ 90 da~s
10. OrdtnanceHe. 424-78
_ krearo asking'for amendment to Ordinance No. 40~-78, vhtch t~ the leastng pollc.~
for Mrport lands. Thts relates primarily to subleasing and termination of lease ana
dtratspesttton of buildings. He belleve these changes vtll be to the benefit of admtnts-
ttng the lease program and wtll reduce hassles ~htch, frankly, create problems for
everyone - Mmtntstrattve problems for the Individual trytng to sublet tn a number of
areas that are stmply unclear.
'"iI~' 'bS°lUtion No.,,78-114
....... Thts ts a revtston of t~e resolution de,eared at the last meettng on Fort Kenay.
! belleve these revisions wtll meet the needs of providing access to the kttchen by .the
general publlCo
12. Resolutfon No. 78-115
Thts resolution would authorize purchase of matltng equipment and rental of the
postage meter for the finance department.
13. Resolution No. 78-116
At the request of the Poltce Department, thts resolution was prepared by the
Attorney to provide for an exception to btddtng so that we may conttnue to purchase
compatible ¢omuntcattons equipment for the Poltce Department.
14. _Resolution No. 78-117
Thts resolution wtll provtde additional funds for' the audtt of the Kenat Community
Library and would resctnd a prior ordinance. Our btlltng ts somewhat more than we.had
been led t o believe.
16. ,.Resolution No..78-118
Thts tnvolves an adjustment of appropriations relattve to the Airport Loop pavtng
pro~eCto
18. _P. esolutton No. 78-119
Thts resolution also tnvolves adjustment tn appropriations, thts ttme on the.
Redoubt #ay paving project.
'-41, _ResoT~tton .o~ 78-120
Thts resolution provtdes for an adjustment teapproprtattons on all of the LPH
pro~ects relattve tosurvnytng, costs..
· 18.
Reouest~or_Payment - P~at~.Harvt~k, Httch~11 and Company ......
Thts request ts for an additional $500 relettve to audtt fees.
Request for Pa~ent..- h. reau of Outdoor Itecreatton
Thts request ts tn the amount of $3,449.00 to close out t~o particular BOR
Thts pa3~entvt11 close these t~o particular projects.
lie destra to have HEA relecate these particular poles.
the
Count11 by telephone and thts ~vtll be a ratification
ReQuest for Payment - Project Managers for Mc~ne Surve~.ng
Thts would pay ldcLane Surveying for 1ts servtces tn the amount of $7,293,30.
Requestfor Payment_-#~nce-Corthel] and~sectates
Thts request ts for payment or-engineering servtees~ ..............
~uthortzatton to Comtt ~2f364~00 to Relocate Ce~tatn P~ver Poles on Kaknu
Thts has been discussed
actton.
23. B~tflcatton f,orP.ayment to Pro:iect Hanagers
Thts request ts for Project Hanagers' Inspection servtces as provtded tn the
contract. They have provtded us wtth resumes and related data and that data has been
forvarded to EDA. He do not expect any difficulty tn havtng thetr ftl~ approved.
INFORIVIATIONAL IT,S
24. Z have made contact ,tth the FAA relatlve to the Float P]ane Baste and the
possibility of leastng the enttre area to a prtvate operator. They have gtven me
an t~ltcatton that they see no particular prob]em on such betng authorized. However,
they would requtre a formal request and then they would get tnto proper Identification
of approaches,, clear zones, etc.
25. He have a lease application for the stxteen acres lytng between the Serendipity
Tract and tfalker~.ane for a major shopptng mall. The estimated construction would be
$~ to $4 mt111on and would be essentially sfmtlar to the Kenat Hall.
A CEIP grant has been made to the Borough for a comprehensive plan. Thts ts what
CJty requested some ttme ago. The scope of the work has been coordinated wtth'
the Borough by the Ctty Planntng to.mission. Thts wtl1 come before the Borough tnasmuch
as there wtll be roughly $14,000 tn matchtng funds required. Inctdently, such matchtng
funds were provtded In the Borough budget.
~7. There ts a Coastal E,ergy Impact maettng tn Anchorage on ~luly 27 to dlscuss the
'operetton of the program to date and to propose any changes wtthtn the regulations.
! v111 attend that maettng, subject to any objection by any member of the Counct1.
ZB. tie ~ere t~'~'ected by the Bureau of Outdoor Recreation, the federal and state
agency,, and .they have .found numerous def4ctenctes, wtth..our .BOl~.program: .-/,t .ts- tater ........
esttng to note that they are reluctont to temJnate any programs tn that they want the
crks. Additionally, there ts an obligation by the Ctty to mJntatn the parks for at
asr 2S years ~n 'accOrdance w~th the grant conditions. ' I~e have t~o current projects
whtch aw basically Incomplete .-~one -.1t the. Beaver* Creek. Perk and. the other, t.s the .........
61rch Park, He t~tll be talktng wtth .~rk Brmm, Ross Ktnney and Ketth Kornells as
to ~het we ¢~n do tO 'complete these projects and get them closed out, There wtll be
some discussion, hopefully, a~he next Counct1 meetfng as to ho~-we sheuld amend the
grant, request so that we can actually come up wtth the .ffntshed product that ts
'acceptebTe-to bntlt ~che State and.,~ederal, agent1 es. and,. perhaps even more. tmportant~, ................
something that ~e can properly matntatn and keep tn operation tn the future.
29. tie have recetved a tolegram from Senator Gravel Indicating that EDA wtll make a
grant to the Ctty for the arcttc doors on the Atrport temtnal. It ts dolJbtful that
~e ~11 recetve such grant authorization prtor to the meettng so presumably tt wtll be
on the agenda of our ftrst meettng tn August. if ! have the data we wtll ,make every
effort to obtatn an architect to complete the project.
30'; 'Luptne 1)rtve was discussed wtth the property ovmers tn that area and the results
of that nmettng were called out. to the Counct1 for 1ts. constderstton as to whether we
should redesign the project and delete that portton of the street from the project or
continue wtth the project as designed, t~e had four votes and all four stated that they
Mshed to have the project continue, k/e have nottfted KUSCO to conttnue wtth the gas
*-'* rk out there and, of course, have nottfted Bro#n Construction. A letter has been
~ent to the property o~ners notifying them of the Counct1 's dectston so that they ~tll
not be surprised when KUSCO and Brotm Construction begtn wo.rk on the street.
31. He have received a letter from KUSCO relattve to certain costs they have had
r~non these street ;;oJects. The gross sum of the requested reimbursement ts tn the
eighborhood of ,000. He are at this time attempting to analyze them and tt is
doubtful that Ne wtll have a report for the Counct1 before the 2nd of August.
32. He have recently had some se~er problems in that the seaerllnes, as they spllt
and go over the bluff, have become plugged on t~oseparate occasions caustng backups
in the local area· Thts ts the first problem that ! know of caused by the 1tries. He
have.flushed them and hopefully have cleared them and'w111 run a sever Jet down the
lines to clear them to the best of our abtllty. The last occaston vas where so;.eone
apparently had put some plasttc material tnto the sewer system.
33, Zn the.packet, ts a memo from the Fire Chtef requesting authority to proceed M~h .......
patntlng the tanker and repatnttng ~he door on the crash truck. These.are costs tn
excess of $500 and, therefore, must be approved by the Counct]. The tanker needs to
be lmtnted so that we can identify it as a City vehtcle and the crash t~uck ha4 some of
the chemical matarfals spill on the door vhtch caused the patnt Co deteriorate.
34. CH2H Ht11, as ! mentioned' earlter, is here on the Airport and ts dotng 1ts
p~limtnary destgn testtngon the Airport. Thts has been coordinated with the To, er
and there will, of course, be some expenses to the Airport 0 & M fund. it ts.als~
necessary, however, to detomfne vhere we stand and to enable us temove on the
resurfacIng.
36, if we can get everything together, !Mll try to present definitive change orders
on the installation of hydrants and as many of the change orders as posstble on the
tank so that the Council can take appropriate and complete actton.
--~6. in the packGt there is a description *by Htnce-Corthe11 of the posstble courses
of~ctton and the costs relattve the~to, As of this moment, tt ts my understanding
that even though Lilac has been blue topped tt has not been brought do~m co destgn
grade, yet. Therefore, ! have not contacted the people of Lilac Street to determine
~het~ shouad,be.-the .~u~ure of ~1~ e~Peet., -As soon. as-It,.ts ,brough~,do~n*.~o ,grede,~.
.wtll .try.,te set_up & me~ttng wLth th~ eesIdents tn.accordanc~.wtth.the Council.Is .de~t,r. es ..........
CITY ATTOI~I~J~Y*S III~PORT
'//19/78
' [ r r~ ~[[[,] [ . Il I Illll Ill
Ordinance d~4 -, 78
After review and dJ~eu.~ton of the Ciiy's neet df.it lease wftJ~
Berendipt~, two udditiomd rovitdon~ t~ leat:in~ po]Icy recently push, ed by council
seemed appropriate, thor~e are:
O) 21.10.150 and 160 as it now reed,; sets up o cund)ornome procedure
where by improvemont~ in excess of $10,000 in value left on a loa:;ahold ~,fler i~; tovn,-
tnntion would be sold an public auction ~md the proceeds prat;anted to tho lessf,e
after deductions are made fez. rent due, if ~y.
The proposed amendment would follow tho more common p}.aetlea
for long term learns which t~; to allow fox. improvements to paws in title to the
(City) upon the termination of the lease.
Jeff HesMer of Cart Gottstetn i~; in ntt, cement with this change:, ~nd tho
serendipity lease contains this provision.
(2) Prc~mntly 21.10.050 and 060 allow for the a~sigmnent and sub-
letting et the lease with council approval.
The requested change in tho proposed amended ordinance would
simply insert the provision, "which will not be unreasonably denied." This addition
is added to conform with the new d~'~ft lease. This change would be neeessm'y to
suit Cat, t' Gott~toin and its financial backers.
in addition the amended section allows tho council, by resolution,
to delegate the duty of approving certain sublease~. This section anticipates the
day when the council may become swamped with sublease ~pproval requests re-
lating to such minor, matters as tho sublease of floor apace within buildtngf~ on thc
leasehold preml~os,
~!. I0,1.50
,,~'~'!' ~'f' I,
/.'
'
l, ~, If f~ll) lllijJ1'oVj,~lij~4 lll'i(I/o.. (.iIi.ill,h;. j'flVjj.[r '.'~st,,'.~j,.o,~ ,..,t .. '
J~ ~nci/o;. elmJtel~; oh Ibc. lal~(l~;'~fte:, c;"dueti,i; $,.,' thc, gitv ~dl ·
J.J.. .l'~nls due ~;nd owinff m:cl' ~;..... ..l~en"c ....... '; In ev z','c,d tn m'~ I:i,.~
nj[ ..111 efl~i~ Jh~l'i, life liO..Oflier bicldc, r,;. t.l. ~,p.,, .s;ueh .sole , "l h
I~ provemetdtc ~m~I/ov ehatlels. 'J he, bid money s!s011 be
IIio fund lo s..hleh s~tc ll,,tl~ 1,,.t, , ' 'I . ,
celvc ldl ,sontcn el other vtduc, sub:;ecluc.ntly dc.~'ived fi'om the
., - otJtc, t' pt~ ~'.
~. If an), lmp~'o~,emenl, m~d/m, eht:l{el,, hrwh:ff ~tpprotsed v~lue of
- ~llhtn lbo limo ~llow~d, such tmprov~m~nls oud/or chutists shall
Any hnprovornunto and/or ehal~,~;..bOlonfflnff to the lessee or pl~eed
Sq~j~S~ ~~J''~ *~ ' m~:'~'l:~r.L~ t ...--
2l. NtH;i';ENI')i.;I: OF .... ' ..... '" ;:h,}l the ht.~:t d~,v
..................... ~?2.,:.'_~.2_g._z!L~:.~_: ].~,.*.::~,,,, , o~] .
Jetlini:~; :,j,cl ¢~.;eup:,rfc;e:: tnflo.~ (:.~;I)X'i:$t;].V I)er],lJlled by (tit)' in v.'Hfint;, i~.ll¢l fro~,
C:l~,'.
llpcm the end of lhe lorm of tl~is Lc. fi.'.;,,, oJ' ira}, ei,'l i,~r terr~Jl~8.ilon
horeof, l,(,~:t~ec ~holl ezeeule, ael;nowled~e nnd deliver the sor,~e I~nd shall pay m~y
l,EAf~E
AlftPOltT LANDS OR FACILITIES
Tills AGRI~MENT, entered Into this day of
19. , by and between the CITY OF KENAI, fi home-ruled munt~p~ eorpoPatlon of
Alaskan, hereafter e~d "City", and
hereinafter eall~ "Lessee".
That ~o Ci~, ~ considorstto~ of lira p~ments of the ren~ nnd ~e per-
~nee of all the covenants herein eont~nod by the Lasso, does hereby d~lso and
b~e to ~o Lessee the following descried property in the Kennf lteeord~ff District,
State of Alaska; to wit:
tn) The term of this Lense is for
the ~day of , 19 , to the
19_._, nt the annual rental of $
years, eom~MJlolng on
day of ,
fo) The term of this Lease may be extended by Lessee for
sueeeastve'perlods-of . -yam. an-each .'by KlvJng-w'rltten-notfeu to the l~asm.
not less then slx (6) month8 prior to the oxpirntien of the then existing term.
Each extended term anhall be on the name term8 end conditions ne provided in
thin Leans fo~ the initial teL. m, Lessee will not bo permitted to extend the Lease
beyond the extended term. Any termination of thin Lease during the initial term
or dm, lng my extended tern shall teminate all rights of extension hereunder.
PAYMENT: fJubjeot to the tm*ms of General Covenant No. 10 of this
Lease, the rental speetfied herein shall be payable as follows:
Juno 30, 10.
(an) R~ht ~ enter end oeeupanay Is authorized as of the .... day
, 19 · . and the first rent shall be computed from eueh date unttl
,, et the Fate of $. _ . per day for _ days, equals
now due.
fo) Annual rent for tim fiscal year bes~nnlng ,~uly I end ending June
30 shall be payable in advance on or before the first day of July of each year, If
tho annual rent exceeds $2,400, then tho Lessee may opt at tho time of the exeeuo
ties hot'eof oF at the beginning of eeoh new lease year to pay rent in equal mentMy
installments, payanblo in advanee on or before the first day of July and on or before
the fl~t of eeeh month thereafter. ,
to) Rental f~ any period wMeh is less then e~e (1) year shall be pro-
rated, based on tho rate of the last full yam*.
(d) The tent opeelfled herein is ealenleted ns follows:
square feet at $ . per square foot per year, or
Der yesz.,
LEASE - PaKe 1
In addition to the rents specified above, subject to Gtmeral
Covenant No. 10. lite l,o~seo agrees to pay to tho City f~s ,u hereinafter pro-
vidcd:
(a) Assessments for public improvements now benefiting property
in the amount of $ ·
(b) Taxes pertaining to t~o l~..ssehold interest of the Lessee.
(e) Sales tax now enforced or levied in the future computed upon
vent payable in monthly installments whether rent J~ paid on fl monthly or yem'-
ly baals,
(d) Lessee affvees to pay all assessments levied tn the future by
the City of Kraal, as if Lessee were considered tho leffal owner of record of
the Leased Property.
(o) Interest at the rate of eJffht percent (8%) 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 it becomes due,
(f) Additional eharffes as sot forth in Schedule A, attached.
The purpos~ for which this Lense Js issued ia**
GENERAL OOVENA _NTB
1. USES._._.L Except fie provided herein, any r~'ular use of lends
facilities without the written consent of the City is prohibited. This prohibition
shall not apply to use of ~eas deoliptated by the City for specified public uses,
sush es passenger tet~nJnals, automobile packing a~eas and 8treats,
LEASE - Page
Revised ?/10/78
2, U,~I,~ NOT CONTEMPIJ~Ti':I) i'ROIIIIIITEI); ~.licitstien of dom, timt~
or tho promotion or opornflofl of any p~t m' kind of bu~im.~, o1' commel. Ci~d elliOt'-
pi'iSa. O~Ol' thnn n~ ~peeifiel,lly set for~ herein, upon, itl or above airport Imtds,
without tho written eonBent of tho ~i~ Ix pmohibited.
3. ASSIGI~IENT. SUltLETTING
Lo,moo wflh City's written consent, which will not be unroasonr, bly
denied, may assign, encumber oz' sublet, in whole or in part, its ~tghts its Lessee
(Leasehold Estate) hereunder.
Any assignee of pa~t ox* all of the lensed premises shall assume the
duties and obligations of the Lessee ns to the such part or oil of the leased premises.
No such a~signment, however, will di~hsrge Lessee from tt:~ duties and obligations
hereunder.
4, TREATMENT OF DEMISE: Tho l.essoo agrees ia keep the pre. raises
clean and in good order at its own expense, suffering no strip or wfmte thereof, nor
t*omoving any material therefrom, without written permission of tim city. At tho ex-
piration of the term fixed, or any sooner determination of the Lease, the Less;ed will
peaceably and quietly quit and surrender tho promises to tho City.
5. PAYMENT OF RENT: Chocks, bank drafts or postal moltoy ordc~9
shall be made payable to the City of Itenni, find delivered to tho City Administration
Building, Renal, A~ska.
6. CONSTRUCTION APPROVAl, AND STANDARDS: Building con-
st~oti(m shall be nest and presentable and compatible with its use and mit, roundings.
Prior to pissing of fill material and/or e(mstructlon of buildings on e leased
the Lessee shall submit n plan af proposed development of property to the City Plan-
ning Commission which shall bo approved in writing for ali poi*man(mt improvements.
~. DI~PAULT - ltl(IHT OF I~1TRY: Should default bo made in the payment
of any portion of the rent or fees when due, or in any of the covenants m* conditions
eonteined in the Lease, than in such event the City shall give Lessee thirty (30) days
after ouoh written noflea to etwe such default o~ defaults. After whinh ff tho default is
not outed, the City may terminate the lease, reenter and take possession OF the premises,
l. emove all persons theroform.
8. RI{NT ESCALATION** In the event thio lease ia tm* a term in excess OF
excess of five ($) years, the amount of rents or fees epecifiL~l heroin shall, at
the option of either party, be subject to renegotiatJon for increase or deoFease
at inter'vela of five (5) Feet's from the lot day OF ,July pteeoedin8~ the effootlve
date of thio Lease, No increase or dcm'ease in the amount of rents of fees shall
bo offooflve, except upon ninety (90) days written notice.
At each five*yeas, inter*vel, the fair mm'ket value shall be determined
by qualified independent eppraiaers. Bald appraisals shall take into eonsJde~affon
tho fair me~ket value of the lend, ineludln[~ an appropriate eotmiderati(m OF reetlitioo
arid sex*vices available (public waiax** public sewer, storm sewers, luid ether pul)lie
tttilitJee) ~(msiderinl~ the best use of the specific land, The redeteFminetion lease
t~l~, annual rent, trader* this provision shall bo limited to a fifty pet~ent
o~eaee in the prlox* lease rate, exeapt where there at*e Justifiable inoFeanoe due to
p~evielong ef additional services, such as public water, public eanitat~ sewer, etm, m
Beware, end major improvements in reads.
if the Leseo~ end Lessee ets unable to agree on the appropriate tent
eooahtion, if any, an above provided, on or before May lot ortho yam, in which the
LBABB -Pefe 3
Revised
rent shall he adJut;led, 10(,~4sor and 10e~4f~ee ~hail Jointly ~el~rl an ~ppr.i~er from the
r~h~ Al~kn membar~hip of tho ~oeJ(~ty of J~fll ~stflW A~prflJ~eF~ or th~ Amerb~m ·
I~ti~te of Ileal ~tnt~ Apl)rfli~or~, or tho f;ucc~ssor b~y of either j~l~uj) who h~
been properly desiffnflted M .A.I. or S .It.E.A., or S .It .P.A., or ~y futm'o siJnihw
desiffnfltion whieh denotes proffeJeney in tho appraisal of e(*MmercJ~ proi)er~ sad
is Fore,izod fl~ such by either of tho above two ffroupf~ or th~h' mmeum;or bodJe~.
T~ wriflon repot of tho above selected 81,Preset on the flppFaJ~d ffli~ Inflrket valor*
of the Leased Pr~)e~ (using tho flforos~d deflnJtJ~s nnd methods) slmli bo eon-
elusive find binding ~ the ~ssor ~d L~,~o fop tho p~oso of adjusting the rent,d,
~less eJ~er ~ssor ~ Lessee obJeet to such flppral~d value. The rest of the np-
pP~s~ tepm, t fih~! bo ohm'ed ~ufllly by ~e Lesso~ nnd the Levee, even If bbJ~ted
to by elthe~ pnt~.
If the Lessor and lessee cannot agree on one appraiser os above pro.
vided, ov either objects to the written repot't of the oppx, at.,~r es above pre:'tded,
the Lessor and Lessee shall each select fin appraiser from either of the above g~'oups
who hems any o~ the above*required desil:rmtions. Either party may select the
appraiser who was Jointly selected as above provided and whrrae report was r. eJeeted,
These two appraisers e. hall ~.eleet a third appraiser from either of tho above groups
and who holds any of tim required dssif~fmttons. Tho flpp~?flJ~ed fair market value
aflTead upon in writing by two of these appraisers, o~. upon failure of any two to
f~Tee, tho average value of tho two appraisals elosect to each ethel., shall be eon--
elusive and binding upon Lessor and Lessee for the purpooos of adjusting the rent;ti.
Fetch party shall pay Ute fee of its selected appraiser and one-half the foc~ of tho
t~rd appraiser.
9. LEASE UTIM?.ATION: Leased lands shall be utilized for purposes
within the seeps of the application (made a part of thin lease and attached hereto) tile
terms of the lease, and in conformity wilh tho ordinances of the OJty and Borough, and
in substantJrd conformity with the eomprollensivo plan. UtiJi~ation ox* development for
other than the allowed ones shall constitute a violation of the loam end subject the Je~se
to eaneellaflon at any limo, Failure to substantially complete tho development plan of
the land, eouaistent with the proposed use and terms of tho lease, shall constitute
grounds' for aansellafl0n,
10. E~&SBMENT8, I~TC.:. City leases and grants to Lessee all easements,
parlflng and loading rights, rights of iJ~ffress and egress, now or hereof tar belonging
oF sppertainln~ to the demised premises.
11, CONDITION OF PilF. MIS£S.* Tho premises demised herein are un-
improved and n~e leased on an **aa is, whox'e is# basis.
12. PROTECTION OF AIFtCRAFT.. No building~ or other permanent
8tt*uoturo shall be placed within fifty (50) feet of the l~operty line fronting fl landhlg
strip, taxiway or spt. on without the written approval of the City. This ares shall be
used faf pm'king airlift only.
19. OFFi~,II TO LEASE ACCEPTANCE: Tho offeF to lease ia made
subJeet to applicable laws and regulations of City, end may be withdrawn without
nones at any time niter thirty (O0) days from submission thereof, · unless within sueh
thirty (O0) days the Lessee exeouteo nnd return8 tho Lense to the City.
LEASE - Page 4
Revised ~/13/78
· .' 14. UI~II)I~,RI,YINd TITLE: The
intel*es
by thif+ Lvase t, re ,~ubjeet lo any and all of the ¢..vemmts, term,,J or eondition~
east;tined In tile instruments conveylJJg title or other interests to the City.
15. Illl3llT OF I~$PECTION: City shall have th~ right at fill rearms~
thio times to enter the premises, or alp/part thereof, for the purpo..;es of inspee--
ties.
16. INSURANCE.: Lo. ssee eovcnflnis to save the City hfl~les~; from
~1 actions, suits, liabilities or d~agcs rc~l~n~ from or m'JMng out of any flats
of commission et. ~tssJon by ~e ~sseo, his agents, empl~ee~, customers. JnvJtoes.
or ~ng f~om or out ~ the Lessee*s ~psUon, or use of the premiss demised, o~
privileges ~anted, and to pay all costs e~aeted thoPewfth. In this emmectlon, ~
~ss~ n~; ~ ,wr~go and p~ for sil tho following:
(a) Public liability insur, nee proteetlng bolh tho City 0nd/or its
agents and the Le~se:~, sueh Insurance to be evidenced by fl certificate showing the
insurance in force. The mnount of sueh pnblte iJsbflity insurpnee ghflll have limits
not Jess than tho~;e knot, s es $250,000]$500,000/$100,000.
(b) Leosc~ agrees to entry employer*s liability insurance 0nd
Workmen*s Compensation insurance, and to furnish a certificate thereof to the City.
(e) lrmuranee eontraetz providing liobtlity insurance ~md Work=
men*s Co~ponsatio~ shall provide for n~ less ~ ~r~ (30) d~s ~it~n notice
to the City of eaneelln~ ~ explrafl~ or ~b~nfl~ e~nffo in poli~ ~nditions
~d c~ev~c.
(d) Lessee agree9 that waiver of subrogation against tho City
shall be requested of Leeseoes insurer, and flholl be provided at no cost to the City.
to) Cross MabiHt~.: it is understood end agreed that the Insm. anee
afforded by this policy or l~oHcos for moro than one named insured, shall not operate
'to Jnorease'the linfit~ of'tho eompany*e'liflbflity, but otherwise shall not operate to
lingt or void the coverage of ony one named Insured as respects claims against tho
sstne Ilamed insured or employees of such other named insured.
(f) The Insurance procured by Lessee a~ herein required 9hoil
be tssued in tho name of the Lessee and the City by n company He0nsod to do business
Jn tho State of Alaska, and shall contain endorsements that (1) ~ueh insurance may not
be cancelled or mended with respect to tho City without thirty (30) days written
notice by roffJstered or certified mail to City.by tho insurance eompnny~ and (2).
Lessee shall be solely responsible for payment of premiums and that City shall not be
required to pay any premiums for such insurance.
17. ACCOUNTING OBLIGATION: Lessae a~reos to furnish the City an
enntml sworn statement of ~oss business receipts m~d/or an annual sworn state-
ment of the number of gallons of fuel and oil sold nnd/or any certificate or statement
to eubetangnte tho computation of fonts or fees, including reports to other govern-
mental agencies.
19. ,COLLEC, TIOI~,,OF,UNPAID, M. OI~!.I}$: Any or nH rents, charges,
fees or other consideration which are due and unpaid at tho expiration of voluntary
o~ involuntary terndnatlon m' cancellation.of fids Lease, shall be a cha~e against
the Lessee and Lessee's property, real o~ personal, and the City shall have such
lien rights a8 oFe allowed by Law, and anita*cement by distraint may be mede by the
City or its authorl~d stent.
lEASE - Page S
Revised ?/13/~8
19. EA~I-:.~IF.~? ¢flt^NT~ RI:.~£1IVI.'.i): gity rer. o. rve.~ tho right to
g'vant and control on~ementt~ in, or ui)o~o Ihe lnnd loa~ed. No ~ueh grant
easemen! will bo made that will m~rva~enubi~ interfere with the Lc~,ee*a
the laud.
20. 10EA.qE ,qUBORIHNATE TO FINANCING REQUIItEMENT.q:
Le~e agrees that City ratty modt~, thi:~ l.e~,~ to meet revised requirements for
Federal or 8tare grinds, or to conform Io the vequiro~ents of any revenue hand
covenant. However, tho modification shell not act ~o reduce the rights or privil..
ege~ granted the Le~,seo by 1his Lease, nor oct to
21. SURREIqDER OF TEf~MINATIO~;: Le'~see shall, on the h*~l
of ~ lerm o~ this Lea~ o~ upon uny ea~'iler termi~flon of this Lead:e, su~re~d~ und
deHvm' up the premises into ~e posr~e~iou ~d uso of CIW without fraud ay delay in
good order, eondifidn and repair, except fro. reasonable weor ~d tern' Mace the
lost neeess~y t, epair, r~eoment, re~iorafi~ or ~n~, free and clear of nil
let~g~ and ~eupnnelev unless e~re~ly permitted by CI~ in wrJ~ng, and h'ee
nnd elenr of ~i liens ~nd eneumbr0nees oiher th~ Iho~e errand by fo~ loans.~
Upon tho end of tho lerm of this lease or uny earlier termination
thereof, title to the buildings and improvements and building equipment sh:dl milo
matt~nlty ve~t in City without requirement of any deed, conveyance or bill of s~le
thereon. However, if City should require uny such document in confirmation
hoFcof0 be~ee shall execute, acknowledge nnd deliver 0~ same asd shall pay eny
charge, inx nnd fee anserted oF imposed by nny nnd'alf~overnmental unttn in eon-
n~',flon herewith.
Sa. RIOIIT TO.ADOPT. RULES.'REaEItVED: ....
(a) City t'osetweo the right to adopt, amend and enforee Faason-
able rules and regulations governing the demised premisoo and tho publio n~ens'
~ftd hollltie9 tlSed in eonnoeffotl therewith. Except in easof~ of amm.*ffeney, no t*ule
oF regulation hereafter adopted oF amended by City shall become applicable to .
Lessee unless it has been give11 ten (10) days notiee of adoption OF amendment ·
tho~e0f. Sueh lq3le9 0ltd re~]Jfltioft9 shall bo eonnistent with safety and with the
~uleo and ~gulnflono and oFder of tho Federal Aviation Adminotration. Lessee
agrees to absoFve, obey and abide by all t*ulen and Fegvhflono he~etofoFe oF .,
boFe~toF adopted oF mended by City,
LEASE - Page 0
Revised ?/10/~8
(b) Lessee slmll ob::erve, ob~y mid comply with Miy and all
plJenblo rule~, re~lntioa~, hws. m'di~nees, or o:'der~ ~f nny ~over~.ment~!
~uthm'Jty. Federal o~ ~tnto. lawfully exe~etsln~ nutho~ity ~er tile L~seo o~
~s~'s conduct of its bu~inoss.
(e) City shall not tm table lo Lessee for ally diminution m, depri-
vation of pos~:ession, ox- of its x,lghb; heroundex,, on 0eeount of nil the exercise
a~ such right or mflhovity ~ ~ this Section provided, nor sh~ll Lessee be entitled
t0 termJ~ the whole ay tiny pox,tiaa of the leasehold estate herein eveated, by
· eason of the exercise of such ~ght~ or ~mthovity, unless tho ox~vej~ thereof sh~ll
so ~Wrfere with Lessee's use and occupancy of Ihs ~asehold estate ~ to
s to~inaUon tn whole or in part of lids Le~ by oper~,flon of law in se~rdanc~ with
~o ~wx of the State of Ah,~ka.
24. AIRCRAFT OPERATIONS PRO'IECTI~,I):
(fl) There is hereby reserved to the City, its sueenssora al:d
assigns, for the use and benefit of the public, fl right of flight for the pa~°.age of
sirer0ft in the airspace shove the s~face of the px`endses herein ~nveyed. togcflzev
~th the ~ghl W e~use in said airspace ~ueh noise ss amy bu inherent tn the oper.
anon of utr~afl, now or he.afar used for na~gation of or flight in tim air. using
~d a~spaee ~ landing ut. ~ng off from. or oparafln~ on the Renut Abport.
(b) The Lessee by accepting this conveyance expressly agree;~
itself, Jt~ representatives, successors, and assigns, that tt wit not erect nor permit
the erection of any siruc4ure er object, nor permit tho growth of any h'ee~ on the land
e0nveyed hereunder, which would be an airport obstruction within ~lie stflnchn'd~
ear. bUshed under the Federal Aviation Administration ltegulstton~:, l',wt ??. as
msended, in the event the aforesaid covenant is breeched, the City reserves the
right to enter on the land convoyed hex,sunder and to remove the offending structure
or oh~eet, and to ma tho offending tree. all of which shall be at the exp~nso of the
Lessee or lis heirs, er suoeesoors, m' a~signa.
29. RI(lilT TO ~JOYMENT AND PEACEABLE POSSESSION: City
hereby a~Feea and covenants that the Lessee, upon paying rent and performing
other covenants, tm~Js and conditions of this Lease, shall have the right to quietly
and peacefully hold, use, occupy find enjoy the said lensed premises, exeept that
tiny Jneovenienee eausad by public works projects Jn or about tho leasehold premises
shall not be oenstrued as a dental of tho' t, fght of qutst m. peaceable possession.
26. lESSEE TO PAY TAXES: Lessee shall pay fill lawful taxes ~nd
assessments whinh, during tho term he'~;~of m~y become a lien upon or which may
be levied by tho State. borough, City ur any otbeF tax-levying body, upon any
taxable possessot~ right which Lessee may have in or to the reason of its use or
oem2~flney, provided, however, that nothinG: herein contained shall prevent Lessee
f~om contesting the legality, validity ~ ox. appliestion of any suoh tax o~ assessment.
27. SPECIAL SERVICES: Lessee agrees to pay Lessor n reasonable
eberge for any special services or fsoilitio9 required by Lessee in writing, which
set*vises or faoillfles are not provided for herein.
S8. NO PARTNERSIIIP OR JOINT VENTURE CREATED,~ It ts cxpraso-
IF understood that the City shall not be construed or held to be a partner o~ Joint
venturer of Lessee In tho conduot of business on tho demised premises; end it is
expressly understood and sf~eed that the rolationsMp between tho parties hereto
ts, and shall at all times remain that of landlord and tenant.
29. DEFAULT BANKRUPTCY. ETC..*, if tho Lessee shell make arp~ as-
eJgnment for the benefit or oroditors or shell bo adjudged a benkt'upt, or
0slyer lo appointed tot, tho Lessee et, Leasee*s assets, or any interest under this
Lease. and ir tho appointment or tho s. eeeiver le not vaeated within five (6) days,
or ifa voiuntot*y petition is fried trader Seetien 1.6(s) OF the Benkruptey A~t by the
Lessee, then end in any event, trio City may, upon giving the Leases thirty (30)
days* aeries, tax, nitrate this Lease.
~EABE - Pef~e ?
30. I~F.A,';Ot;~AIU,E OI'FItATI Thb; l~nf;e i:~ ~:ubj
~ A I N.: est to enrwolhtlion ~
~t~r due notice ~,. provided in imrnl~rfll,h ~ h-rein tf tile I~,~,.~.,~ doe~ not nm~
~le, o~ Jf tho J,e~ fflJJ~ to ~flinf~in f~ ~tflrf ~. ffleJJltJe~ ~uffieJ(,~t to reasonably
execute tho pur~e for which this/,efl~ is ~rfmted. '
31. FAIR OPEItATION.q: This Lease is ~ubjeel to cancellation after
duo notice tis provided in pflra~.flph ~. herein if Ihs Lessee fflil~ to furnish ~ueh
se~co on n fn~. equal and not unj~stly diserimJnnWry basi~ la fl~ u~crs thereof.
or fail8 ~ chin. ge f~J'. reasonable find not unjustly dlserJmim, t,ry prices for each
unit ~ ~e~lce; p~vtded, lhat tho Lessee may be allowed to make r~sonable ~mO
~-discr~ato~ discounts, rebalos, o~ oth~r similm, typos of pri*~e reductio~s
~ VOJUIIIO purchasers.
32. CONTROLS TO I'ltEVEb~T DISCRI.~IINATION: City reserves the
right to flpp~'ove all charges ~d privileges extended to or wJtiJhold from the
lie. in order to in~ure rovs0nflble aha'gel and pr~e~ possible dh;erJm~attm~
se~cgt~flon on tho baals of race. color, creed or noliomd ot. igin. or for ~y other
tabled Feazes,
33, NONI)I.~CRI.~II,'~ATION: The Lessee, for himself, his heJr.,a,
personal r~resentflflves. ~ueees~(,x,~ in interest, and as~, ns fl part of
~ eo~tdero~n hereof, does hereby covenant end ~gree ns n eovenflnt running
with the had, that:
(a) No per~on on the grounds of rnee. eolo~, or natton~! o~'igin
shall be excluded from pet'tieipntlon in. denied the benefits of. or be otherwise:
subjected to diset, iminntion in the u~e of antd facilities;
Co) in the eon~truetion of tiny improvement~ on. over. o~ under
ouch land find the fe~flahing of services thereon, no person on the grounda of
race. eoler, or hatless1 ori~in shall bo excluded frm, participation in. denied the
benefits of, ox, otherwise be subjected to diserimlnaflon;
(e) Tho Lessee shall use the premises in compliance with
other requirements imposed by or pm'suent to Tiffs 49. Code of Federal Regulations.
l)epnr~ment of Transportation, Subtitle A ,'Office of the .qeerotary, Part 21, Nondis-
erlminetion in Federally-assisted Programs of the Department of Transportation *-
gffec~uatt0n of Title Vl of the Civil Rights Act of 1064, find as said Reg~ntiens
may be nmend0d~
(d) In the event facilities ere eonutmeted, maintained, or otimr-
wise operated on tho said property described in this Lense, for a purpose Involv-
Ing the provision of similar servJee~ or benefits, the Lessee shall maintain and
operate sueh facilities and soFviees in compliance with all other requirements im-
posed pursuant to Title 49, Code of Federal Regulations. Depm, tment of Transport-
ation, Subtitle A, Stiles of the Secretly, Pert 21, Nendiserimirmflon in Federally-
assisted Programs of the Department of TransportnUon -- Effeetuntlen of Title VI
of tho Civil Rights Act of 1964, end as said Regulfltions may be amended;
(e) In tho event of breaeh of any of the above nondism*iminntien
~ovenants, the City shall have the right to terminate tho Lease after notice given
pursuant to paragraph -- herein and to re-enter and repossess said land and
rndlJtiso thereon, and hold the smao as if said Lense had never been made or
issued.
34. PARTIAL INVALIDITY: If any term, provision, eondition or
part of this Lease is declared by a court of. aompetent Jurisdiction to be invalid
oF tmeonstituttonal, the remaining terms, provisions, eonditions ox* pat. ts shall ,.
continue in full force and effect ns though such deeln~aflon w~s not made. .
LEASE - Page 8
Revised f/13/T8
3.5. I'AICOI, [tIOIqI:I('ATIO~S: Il i~ mtttuhlly m.im'.l~,d ~md .[p'c(~d
to, or chon~iJJg the t~rmfl hereof.
36. ¥.'ARilAWYY: The City dne~ not wnrrnnt tirol the Ifl~p~.r(y ~hieh
the s,bje~ .~ thl~. I~..;~ i.; ~uiled fo~ the u~ nuthori~d herc~n. ~nd fie
~ty i. ~x. en or impli.d fha( it ~htdl be prell(obi- t,. ~ultable to employ the
e~y lo f:u~h u~,
37, FINANCI~C~:
Ca) For Ute purpose oft.terim c,x· permnnont firmnetng c,r rcfi-
nnnelng h'~ time to time ~ ~e imi,r~:ements to be played ~on tho l~sed prem.-
i~, ~nd fay ~o erbar purpose, l.v~iee wlflz the written permission of ~ity wbl?h will
~t ~ unreasonably d~nied, may on.tuber ~ mortgage, deed of trus~, .ssi~n;~,e;d or
o~ ~propr~te ~dz~ment, Lessee'~ interest in Ihe Icad:ed pz'emf~: and in vn,i to
t~s lease, provided such en~mbr.nce perWhm only to .ueh Icr*~.ehold tntor~ut t, nd
does not pe~ to ~ erea~ any hdere~t in City't, trio to the ic.~ed premi~.. If such
len~g or ~nnel~ institution (wbh:h term shall include an e~abliuhed in~;uv-
~ee e~pany mtd quolified pension or profit sharing true;t) and such instltu.
fl~ shah acquire ~e I~:~ee'~ Jnlerest in such l.a~e fl. fl result of fl s~,le undm' .;dd
eneumbraBea pursuant to a foreelo~t~re ~ other rems:dy d the ~m~red p~, or
t~git any transfer In Ueu of foreclosure, o~ tbr~,ugh s0fllome~t of or oristng
~t of ~ny pending ~ cont¢-mplatcd foreclosure ~ctton, ~uch lending tn~ituflon
sh~J have the privJl~e of tram;letting its Jntert, r:t In ~ueh loar~ to. nominee or
a wholly ~ned ~ub~ld;;~ co~or~flon with the p~ior consent of the City, pro.
vlded, however, such trnnsferee vhall a~sum~ ~,ll of the e~enan~ ~nd c~ditlons
required to be perfm'm~ by tim Lessee, whereupm~ such l~ng tnstituti¢,n sh~l]
bo ~ovcd of suy further liability under ~ueh lea.o from ~d after such trans
. for. Bu~h,lendin~.Ju~4tltuflon or. the.m,~noe ~ ~]ly ~t':~d ~u~ ~rp~,.
~n to which it tony h~o ~fln~f~red ~eh l~ze, or nny ~heF l~ding Jnstitu-
ti~ which may nt tiny ~e nequJre ~eh le~fi, s~ll bo Fel~ved d ~y fuFther
lhbili~ ~der ~oh Ieee f~m m~ ~ a U'~fov d zueh len~.
(b) A lens~hold mortgagee, honefletm'y of n deed of t~u~ or
security assignee, shall have and be .ubrognt~d to ,ny ~nd ~1 righ~ of the L.sse~
~flt reject to the ~g of ~y default her~nd~ by l,~oo.
(o) 'X~e homer of a~J, such mortgage, o~ tho beneflc-4ex~ of
~y such d~d of ~uot, oF the 6e~W aosl~ee flhell We the Ct~ ~foJ'e any
hMt shall have ~rod in ~ ~ue, a w~t~ notice con~ug ~e ~e ~d
~t offl~ nd~ens of .uoh homer, nnd ~ ~hail ther~fter give to such hold~'
~py ~ e~h n~e ~ d~n~t ~ ~e ~8eo ~ tho .nme time as a~ n~ of do-
f~t sh~l be Wen by ~ Ci~ ~ the L~see, and the CIW ~ll ~t there~teF
~t nny ~da~ ~ en~ ~ ~y mo~ of t~n ~e wi~out the ~rlo~
~ltt~ eo~ent of tho holder ~ n~ first mo~gngo. ~nafl~ Interest unde~ n
~st deed ~ ~. ~ ~e~J~ assign, ~ ~s len~.
~d) If, by re~so~ of any default of the Lessee, either this lease
oF any extension thereof shall be torminnted fit tho oleoflon of tho City prior to
the'stated expiration therefor, the City will enter into fl now lense with tho lease-
hem mortgagee for the reminder of the term, effective es or the date of such term*
inntfon, at the rent end sdditiennl rent, and on tho terms herein cost, deed, sub**
Jeet to the follewing conditions:
(1) Such mortgage, o, beneficiary oF semarJty assignee,
shah make written request to the CZty Ear ouch new lense wJtMtf five (5) days
after the date of such temfnntfon and such written requeat shall be ne~mJpnnied
by a payment to the City or all sums then due to the City under this lense.
LEASE - Pq~e 9
Revfsed
(2) ~tleh
~hall y~y to tile Cit~. fit tho time of the ~xeet,tl~ f.~d dellve~ of ~ueh n~t't lense.
~y ~d nil sum, due therctmd~r iff flOdJtion to ~o~ t';l~eh would ~*t IJi~ limo of
the exeeutJ~ find delivery fltereof bo ~tte under this lt,.e; but for ,t~el~ terminfl.
1ton oJld In addition lJjot.eto, ally roflsonflbl(~
~s' f~, to which file City shell have J)eezl ~ubJeeled by ]'e~son of ~eh defflult.
(3) ~ueh ~-rlV, agee, benL. fieifl,y or ~eeurity
shall, on o~' before the exeeulion and delivery of .ueh l~ew k~e, perforln ail the
other eon(lJlion~ requiPed to bo oerformed by the l~;~e In the exlei~t th~t thu
Le~;ee 8h~dl have fni~d to oerform ~uoh conditions.
(e) if n lendtltg laMir,Iron or its nominee or wholly 6svned ~ul~
nldfnry eorporntlon ~h~ll hold n merit, ge. deed of tru~t, or simil~ ~eurity in-
totem in and to thi~ league ~nd ~hnll ti~renfll~ ~equfve n lca~9hold e:.t~tc., derived
either from ~uch fn~frument. ~ from the Cf~, find if ~ueJj fnsOtutiun, nominee,
or er~pom, tion shall d~tsf~,e to a~fgn ti,is lea.e or any nf, w lea~;e obtained from
the ~t~ (other th~ ~ a nominee or to a wholly m~ned t~ubsidiory
~ltted by the ttbove provtMons) to m~ aa~it~ee who will undertake ~o I,e~'form
~d obse~o ~e e~fions in such lea~;e requirad to be pelto'ri, ed hy fha Lessee.
tho glW sh~! not unreasonably withhold its eonsent to such
sumptlon, and ~y zuelt lending institution, nominee, or subnidl~ sh~l I.e re-
lieved f.f ~t~ly further llol~lllty under such lease from and ~tcr suel~ nssigmaent.
If the proposed i~ignor shall ansett thor Ute Olty is un~'tm~nably withholding its
~n~nt to any such proposed assignment, aueh dispute
bitrati~.
38. AI~P, ND~EI~T OF I,EABE: Notwlth~;tnnding anything to the eon..
il'my, tn o~der to aid ~~~~ng of O~o lml,~ovement~ to be situat-
ed heretic. City n~ that in the event tl~e propo~d mortgage, beneffel~y or
~eeu~Jty f,sslgneo ~der ajay fn~Hm or permanent lea. on the ~eeurlty of the
~enehold fnteroM of t~ ~eo ~d tl~ fmpr~ement, to he Mtunted thnre~ ~o
~equf~e~,'fl~o Ci~ will make 'a r~so~t~bl~ t:ffort to amend II,Is len~ l~ order to
oMi~y ~uoh ~ui~ente u~n th~ e~res~ e~ditlon and ~de~nndtng, how-
~eP. th~ ~eh va~i~ee ~ I~nge will n~ mnt~dly prejudice tho Cfly's
~gh~ her~ndor n~ be ~eh n~ ~ ~Iter in n~ w~ ~e ~entnl obligations of tho
~e he~'eunde~ n~ lis obligaU~ to comply with nil existing ~wz and ~egola-
fl~s of the Cl~ ~elnflng to tho len~ng of ~p~t lands, nnd to ~1 nppl~nble F~-
~ sta~tes, ~es ~d ra~Inflo~.
~9. COMPL~CE ~Til ~WS: ~ee sh~ emply with M! appH~b~
~ws, o~difl~s, ~d ~e~o~ ~ public o.~h~Hos now ~ h~enf~r in any
m~er ~fee~g U~e leased pr~ses et' I~ ~Jdm~alks, ~l~s. st~eot~, nnd way
adjacent tho~'oto nv any ~i~ings, strung'es, flxtur~ and Impr~,~t~ ~ tho
u~ th~t~, whotho~ or n~ ~ sueh lawn, or~n~e~ and inflations w~eh may
be h~e~te~ onn~od ~volvo n o~o of poH~ m~ tho part of tho g~et'~lmeutnl
b~y e~cUng tho 8~0. ~ssoo ~e~ to hold City financially h~mles~:
(a) P~m ~e e~soqueno~z of ~y vio~tl~ ~ sueh ~ws, ~din-
~eee nnd/~ ~e~s; and
02) Fram RI! elnJms lev damages on aeaount of injuries, death,
ox* proper'fy damage resulting f~om sueh Violation, Lessee rut, thor agrees it will
not permit any unlawful occupation, bush. ess at, trade to be eondueted on amd.
premises oF nay use to be strode thereof contrary to any law, ordinaries oF regula-
tion on aforesaid with respect thereto.
LF, ABE- Page 10
Revised ?/13/78
40. ¢:._~_.!11~, OF IqIE.'JISE,q: I,v:;~';m,, t|l il:; own co~l npd ezlmnr, e, ~Jmll
JJ{.,('lj Ih~: Jel0Jed lJl't,illJJp.'~, fill Jlllj~l'Ol/i,ll~l~llt.,; ~vhil.h al ~lly lJllle lJLll'Jll~ lbo. lel'l~l of
IhJO J011:~e mtly be t~Jltllll~d lhere~m, i~ncJ fin)/nll(J all I,j~pllrJ(,illlllel.-J JJicJr¢!tlrllo JJc
Io~l]llllT, In geed ~ondition ~ml re,pair during Iho. entire tm'Ih of Ihi~ i~:~,
41, LE~SL'E'S OBLIC;ATION 'ri::) RI~IO..V.~_I:I.F:~.: L~cee will IIPl per-
mit any liens JnehldJll~ bid not limited to nleeh~Ji~', IPborerJ;', (,r li)fltorJflln,'JJ';;
II(~IL~ oblflJnfible or flYfiJlflhle Under the then exit;lint l,v;s, lo ~1~,~ n~Allt~t the
~leg~;ees, In eonneciJon wJ~ work of nay elmrach~r performo(l or claimed
~n performed on f~Jd prem~ea o~ JJap~mene~:~ by. or fit tho diJ~ectlon or ~uffcr-
~ce of L~ssee, provided, however, Lessee ~h~ll have tho ~ght to provide a
~nd ~y; e(~tempJflk, d by Ala~;Jm lhv: find eonte~:t the vMidi~, o~. amount of any
such JteJt ~ el~iutod ~cr~. On final determJnnflon of ~u~lt lien or ¢-:ueh claim for
li~, Leaaee will immediately pay tiny JuJlf~ne~ll ],endored with MI propel.
eom
42, CONI)EMNATIOI;: In the creel fl:e lena, ed premi.~e~; or any part
thereof t~hnll bo co, doll,ned ;;nd loiter, for n p~blie o;' n qunJs-publl~
upon pfl~ent of nny award or eomponao~on n~f~nff fram mleh condemnntior~
lng the te~ or vny e:densbn of lhe tern hereof, m~rl at,eh other fldjuFtmel~f,,
h~ be~ pMd Into Cou~, up~ what division, annual abatement tn rent, and oth~.
adjustments are Just and equitable, the diflputo shall be determln~ ~1 by ~bitrMion
~ded In l~m 43
43. AIIBITI1ATION:
.(at In tho event the pflvile~;.f~hMl bo m'f;dde to vgr¢:e ns to ,:Jy
di~n~resl~ flrbih.aWrf,, one of thom f~hull bo chain br each of the parties hereto
end the third by tho two ~o chosen.
(b) Tho party desiring nrbtiraUon, as aforesaid, 8h~ll give not--
lee in writing to tim other party of such desire, n~mlng therein the arbitrator ~el-
coted by it, In the event the other party shall fail, within a period of fifteen 05)
days niter Wing of such notice, to notify the other in w~iting of the arbitrator ~el-
coted by it. or In the event the two erbJtPfltors chosen shell fail. within fifteen
days after theh' sol, etlon, to alJt'ee upon the lid]d, ti, on the Superlin' Court of the
8~[o of Alaska shall, on request of the party not In default, or upon the requ~t
of either pm'ty Jf neither Js in default, t~pofnt within fifteen (l.~) duyf; niter such
t'equest ~ nn arbitrator, or erbiU,ators, to fill the pi;tee oF places remaining,
(e) Th; decision of nny two (2) of tho m'bttrators In conformity
with the foregoing direetlon shell be final and conclusive upon the partle~ hereto.
The deeislon of tho arbltratoF6 shflll bo in writing, signed tn duplicate by any two
~) of said Arbitrators, nad one eopy shall bo delivered to eneh of tho partie~ here-
to,
(d) Bxeopt as ;poetically provided f~ in sub,action (a), (b)
and (e), the Uniform Arbitration Law of Alnaka shall govern the arbitration (o)
contemplated tmrein.
Revised ?/19/f8
44. f;III[HE,'41)EI[; Al Illo e}:ld.tli,,ll ~,f ti.. t.t.lO ill:ed (,r pn~
t~lsnlnali~ll of tll~ I~o~(., Ilw I.w.~v~ will I)~.m~nl)l~ ~,11~I qid~'lly quit bltd
subt~nflnl(~) heroflfte~ properly oht~Jrsi~g miy Jfllcre.~(~; ir~ th~: Jro~eh~ld o~tate
f~nted Le~e,, hereunder, City ~ee~ fhflt tn the evf.nl ;,f the o~fl~ll~tion, t(-l,m-
Jnotion. exl)Jrf~lion fir ~t'(~l~der of ~l:~ lu~,.e (iJl¢~ I~rc,mld ~:~t~), the City will
to lite full elapsed posen of tho ferm of the ~ml)loaEn, tnehfding tiny
vJded s~eh :-~btanant ~h~l Itmk~ f~J ~,Jtd eo~plete at~c, rm.~o:it to the City fi~r the
thigh hugh sul,leaf;e was originally mad(. {llrcctly I, cts~'eeJ, the City end :¢uoh
subtenant; ~md fro'that provided such ~:ubteoant ogrev~, h, eo~nply wJ~ nj] the
provloiot,~; ¢,¢ ti~e fired leaf~ and all the lo,,mn of nny s~.ort~ago, de~d of trust
or secm'Jly w,~.ignhient to which ~uoh l~,,%hc, ld ~t~t0ie i~ ~-bje,:t. except the
48. SUCCESSORS IN INTEREST: TMs Icn~ shall be binding upon pad
cheil tntu*e to tho benefit of tl*o rnap~llve ~uecossors and ~igns of the parties
hereto, subject to s~h 6pooifle limitMions ~ as~J~ment ~ ~e provfd~ for h~ein,
49, OOVERNINO LAW: This indenture of lease shall bo govetq~ed in
all Fe8peel9 !~ tho lay;s or tho Slate of Alaska.
§0. NOTICE OR DJ~IAND: Any notice or demand, which und0r
tho teflns of a leflso ~ under ~ ~, ~ bo ~en ~ mede by tho parties thereto,
$hMI bo In ~Jting, a~ ~ Wen ~ made by ~MeFed or ce~flfied mMI. addreo$od
~ ~o ~e~ p~ at ~ address of rea~d, lf~over, either p~ty may desi~otc.
in writhff sfloh now ~ ~or fld~ess to which $~eh nottoe ~ domnd shall thereafter
be so ~vm; made ~ mailed. A nofloe Wen hereunder sh~ll be d~mnd delivered
wh~ d~ofllted In o U .S. gfinorM ~ bv~oh ~st ~flee, enoJoMd ih a regJM~ed
oF oe~lflod moji prepaid wFapper or envelope, addt. ec~ed n6 hovMnab~e pr~lded.
61. RIOIITS OF MORT(LAOEP. OR L.W. NHOLDF. R: in the event of
cancellation oF retrofire of~ieaso fO~-eflm~, tim holdm, or a ~i;opm'iy recorded
mortgage, oondftionM assignment oF collateral assignment will Jmvo tho option to
aequJFe tho lease for the tlnoxpJred term thoFeof, subject to tho terms find conditions
as in tho original loose.
LEABB - Page 12
5~. F. IqTII¥ AND I(I,:-~NTIJ¥: II, Ihs (tv~nl tirol the l.m;e .hould
be lermlnrded v~ herc*inbeforv in.gelded, or by :.tfmsalwy i)l'Occe(lilq~ or ullJ~)'~i*:,~,
or in tlc event th;fl the deifli~:c*d Jm](~ or o~y Wu'l thereof f~hould ~ ftbflndmurd by
eifllo~ by ~umlfl. J.y pt'(~eL'dh~E:~ 01' by fl suJI;J)I, lilY'lOll Of l,y*ocoedJni~ fit I~lw ~ithout
.~eoepl~lee of t, ~urronder of the it~0t~.
53, I-'I)RFI'.TI'IJI;E O1' IIENTAI,: Iii the event that thc.. l¢.n;:c ;;hollld
bo termtnvted beeau;;o .f slJ~/i)re;~eh by the le:s~e~, v~ herein provided, the J'er, lpl
payment last made by the lancet. ~;hall be forfuiled and retained by the le~o]' t,;;
pm'iisi or lotal litlUtdtd,:tl dm.vge'~ for said bre~teh.
54. WItl'I'TF.t~ W^IVER: Tho. receipt o[ real by the lessor with
~owledge of ~y brc~ah of thc leo:-:o by the le~.,;ee, m' any (l,.fi~ull on the pm't of
~e Je~e, shall b~ be (]ecmcd to b~ a w~iver of ar~y provJsJon~ of thy l~so. No
failure on the p~t of the ]er~r;or tv enforce tiny eovermnt or provJ~don theJ'oin eon--
~ined, nor ~y w~dve~' of any right thereunder by tho le~soP, unles~ in
sh~! dJr~h0rge or inv~llflnte ~ueb covenant,; (,~, provision~, o~ offcet the ~ght of the
less:or to ~oree the :*~e tn the event of any ~uhsvquent bre~eh or defrost, The
receipt, by the lc,~or, or ~y ~ent or ~ny other ~um of money :,f(e~' Ihs
~ ~ maker, of tbo-~ theratn deml~ed, or ofte~ the Wing by tho les~o~' of
notice thereunder to effe~ ~ueh le~hmlb)n, ~lwll not ~,eln~tfll% continue, o~, extend
~e ~ullv~t term thove~ d~lsed, o~ deslroy, m' in nny m~nnev impale Ihs efficacy
of ~y ~meh no~e or lamination ~ may h~e been I~van thereunder by the
~ the le~soe prl~ 9~ the reeetpl of ~y sueb ~um of mon~ or ~hev eon~derntlon
u~es~ ~o agreed lo la writing ~d ~l~ed by tho lozsov.
55. EXPIRATION OF LEASE: Unlcs~ the lease renewed or ~ner
4c~laJfl~te~ ~ pro~ldcd he~ln, the l~ee ~hall pL~e~:flbly fred quicfly leave, tm~ender
and yleM up unto tho lessor oil of tim lensed J~md on or before the l~t day of the term
of tho lease.
58. DUll,DING AND ~,ONINO CODES: Lensed lands ~;h~l be uttli~,.ed
in seem'dance vdth the building a~d zoning ordhmnees and rule~ and regul~tlon~ of
~nld authority. Failure to do so sh011 eonstitulo n violation of tho lease.
57. FIRE PRCYEECTION: Tho les~see will take fill reasonable pre.-
caution to prevent and lake nH ~eeessm~ ~:ti~nl to ~.-uppress destructive ee uneon-
twlled I~nSs. brush or other flt'e~ on lensed Innd~, and comply with nH lnw~, rog-
ulntton~ and ~ule~ p~'omulgated and onforeed;.-.y the City for fl~'e protection within
th. ~en wherein the Ion;md premises are loe~i,:d,
69. PERSONAl, USE OF MATERIALS: All noel. ell. gas. and ether
minerals nnd ell deposits of stone or ~rnvel valuable for oxtraetlon or utillzfltlon nnd
nil materiels sub~eet to Title 1I, Division I, Chapters 4.5 end 6 of the Aloska Admln-
Is~aflvo Code m'o excepted from tho operation of n surface lease. Spceiflv~lly, the
lessee of the em'iaea rights shall not seU or remove faf use elsewhere any timbre',
stone, gravel, pent moss, topooll, or nay other material valuable for building m,
eommoroinl purpo~os~ provided, however, that materiel required for the develop-
ment of the lonsohald may bo used ff Its uno Is first approved by the City Mflnn~er.
LEASE - Page 10
STATI'. OF ALASILes )
TIIIRD JUDICIAL Di~TRI¢:T )
llefore me, the underr, igned, n Not,wy Pubile in And for the St~,tc at'
Alflsh~. on thi~; day per~nally appr~t'r.rl
~ame~ ~re ~ub~*lbed 1o the foreffoinf~ I.~,~J~.o, who I)cinff duly l;wOi*ll, did shy
flint they are ~e President and . respeetiw. ·
ly, of Compal~y, ~ corporafl,~n, nnd
~ged to ale that I~y executed s~hl I.es~e n~ t~lr frce ~el and deed ~ their
~paelfles, and Ule free net a~ d~ed of ~.id co~poi'nllon, for the purpw~s slld,.d
therein.
fJIVF, N UNDI:.R ~IY llA~',*D ArO} SEALOF OFFICE. tJ~; day of
NOTARY PUBIJC FOR
My Comml~;~lon E~ptres:
APPROVED AS TO FORM by City Attorney, this ~d(ty of
CITY ATTORNEY
INITIAL LEASH APPROVED by City Council, thif= ~dey of
day of
CITY CLI~RK
ASSIGNMENT APPROVED by gennl Planning Commis'~,~ this
_ ,, ,
ASSIGNMENT APPROVED by City Council, thia
,day of
CITY CLERK
LEASB - Pa~e 16
Revfsed V/lO/?8
~'I'AT£ O1~ AI.ASI~A
TIIIIlU .HII}ICIAIo
Ol~ this ..-----d"y of , 19 _ , bt:fore m(: p¢:rf;onully
~Pl)e~'ed , known tr, I~e tho per~** who ox~-
outed the uhove l.ooso, ~,ted netmo~'/l~¢l[~(.¢! Ib~,t be O;he} hfld Ute uuih¢~'ity f~
~il:n, for fire I,Url)OSe~; ~;tat¢:d thereht.
NOTARY I~UI. IC
t, ly Commi~'.'ion Exph'es:
STAT~ OP ALASKA
TIllED JUI~ICIAI, U/STRICT
LESSEE:
On this ~dny of , lg , b~fm'e me pereotmlly
~ppenre ~, known to be the l,er~ml-=~ho exeeut~.d the nbovn
purpo~e~ stated therein.
NOTAEY PUBLIC I.OU AI,ASKA
My Commission E~ph'es:
FOR IlUSAND AND ~/11~
STATE OF AlaSKA )
~IIRD 2UDICIAI, DI6TItlCT )
~efove me, the undet~d, n No~ PubUe in n~ fo~ the 8~fl~ of
A~n, ~ fids ~y pn~nnlly nppented
~ busbmnd nnd ~fe, b~h ~notm to be lhe pav-
es whos~mes ~o subs~lbed ~ ~e foregoing l~sse, end ne~w~led~ to me
t~t riley e~ted ~e s~0 ns thel~ f~ nnd volun~ net nnd d~ ~ ~d for ~o
pu~s nnd e~sMeraflons ther~n ~pressod.
G~ ~D~ MY ~ND A~ ~EAL OF OFFICE, tMs ~d~ of
1EASB - Psge If
Revised ~/10/~8
NOTABY PUBLIC FOB ALASKA
My Commission Expires:
July 110 19'~
Mr. C.R. Baldwin
Attorney at Law
P.O. Jk)x 4210
Kenai, Alaska 09611
RE: Lot 1, Block 4, GENERAL AVIATION APRON
Ray Cason
Dear Rick:
Thank you for your letter of July 6th.
Enclosed herewith please find a check payable to the order of City of
Kenat in the amount of $560.74, which cheek was tendered by yom'
client, Mr. Cason, as payment for the 1978 rental unde~ the above cap-
tioned lease. That check was tendered with a letter to the Finance Deport
meat obJeetiu6 to the five-year Interval increase in Mr. Cason's rent
termined pursuant to paragraph 10 of the lease agreement.
Since yom' client has formally objected to the five-year increase iu
rental, n meeting should be set up among you and your client end the
City Manager in order to clearly define your client's objections to the
lease rate increase so that the City Council and your client may re-negoti-
ate the rental mount for the next five-year period.
Therefore, you are hereby notified that a meeting among yourself and
your client and the City Manager will be held on Friday, July 14, 1978
at 10: O0A .M. in the City Manager's office, in the City Offices, Kenal,
Alaska.
At that time or any reasonable time before hand the City Manager will of£ar
for inspection the appraisal of the property in question upon which the now
Ieee rate is based.
Please ask your client to bring any supporting documents upon wMch he
intends to rely in order to show that hfs new lease rate would not be prop-
e~ in his ease.
Thank you for your kind consideration in this matter.
Very tz~ly yours,
ERNEST SCHLERETH
City Attorne~
ES: ~e
Erlo,
F
Mtor~,ey
P.O.
Dem'
~y ~, 1978.
The chic:}; for ~fi58, r~r~:~n~nf~ th~ ye'u'ly I~,.~: p*~y;,~nt ~,~ th~
captioned priory, wm~ ~advm'tontly proc~m;c~ ~y ~hq ~i~e ~,e~
~ont. Tlda check l;tl]~ ~ho~ ~ tlte rented pr,.y.tot~t roqui:.'ed '?~ ~n,*~c":t:
o~ M]I refund ~e propovflon~to ~usod renCal 8h~ld th~ lc-nsc be
~ fro, faille to pay rent,
8~ yo~ eltente have forml~ obJee~ to the ftvo-ymtr tn~ae
a mooting sh~d bo ~et up o~nff y~ end yo~ eUent$ and tile Cl~
8o ~at ~o CJ~ Council and yot~ oHento may re-hog, ate tho rental
~ the no~ flvo~on~ po~ ·
ct 2. ~,~ I',~. tn th-* Cfty M~nalr'~r'~ offlc-o. I~ ihs l~.~at ~f~/
f~ ln~eflon tho independent upprMa~ of tho pr~ in que~ion upon
wMeh tho now leaae ~ato is based.
Mr, C .R. Beldwfn
July 11, 1978
Page 2
Please ask your clients to bring ony supporting documents upon which
they intend to rely in order to show that their new lease rate would
not bo proper in their _f~__~e. '.
Thank you fox' your kind consideration in this matter.
Very truly ~,ours,
EitNI~ST SCtiLERETtl
Ctt~ Attorney
ES ** die
III
KI!NAI I*E,'~INSIII,A l~OItOIR;ll
AGENDA FOE REGULAR ASSEMBLY HEliTING
JULY 18, 1978; 7:30 P.N,
BOROUGII ADblINISTRATION BUILDING
P, O. BOX 850
SOLDOTr~A, ALASKA 99669
-AGENDA
A. CALL TO ORDER AND ROLL CALL
B. PL£DGH OP ALLEGIANCE AND/OR OPENING CER£NONY
C. SEATING OF NEt~ ASSENBLYMEbIBERS (none)
D. AGENDA APPROVAL
E. MINUTES: June 20, 1978
F. ORDINANCE II£ARINGS:
(a)
(c)
(d)'
Ord. 7S-30 (Substitute) "An Ordinmxcc
Concerning Rezo-g'ing' t~'fthin the City of
Homer" (Lot 1, Blk 2 of Lakeside Sub)
Ord. 78-$1 (Substitute) "An Ordinance.
ConcerningRezo'nlng Within the City of
Kenai" (1/2 mi W o£ Kenai Spur & Bony, Lp)
Od-
78-32 *'An' Ordinance Revising Title
3rof the Borough Code of Ordinances to
Provide for a Fair and Equitable
Personnel System'*
Ord. 78-34 "An Ordinance Appropriating
~rG';~'O"~om the General Fund and Accep-
ting $16,000 of CEIP Grant Funds to Reim-
burse tho General Fund to Be ~sed for
Water Resource and Feasibility Studies"
Ord...78-g~ "An Ordinance Concerning
Rezoning in the City of Kenai" (Lots
4-10, 18 & 19, Blk 8 Black Gold Sub)
INTRODUCTION OF ORDINgNCES:
Ca)
(b)
(c)
Ord. 78-~6 "An Ordinance Repealing
Chapter 10.08 of the Borough Code, and
Enacting New Chapter 10.08 £stablishiJlg
Uniform .Clean Air Standards and Emis-
sion Regulations in tho Cook Inlet Ai.r
Resources blanagement District'
Ord. 78-37 "An Ordinance Revising the
Planning and .~ubdlvision Regulations
of the Konat Peninsula Borough"
Ord. 78-38 "An Ordinance Rezoning the l.and
Ilncoml)aSsed by the Proposed BIt:A Subdivision
Within the City of Kenai from Rurat Residen-
tial to Suburban Residental'
(d)
Ord. 78-39 '*An Ordinance Providing Real
Property Tax ~xemption for Certain
Residential Property Owned and Occupied
by Residents o~ the Kenai Peninsula
Borough*'
· AssemblZ Vot~e
Corr 9
Crawford 4
Davis 9
Douglas 9
Elson 10.67
Fields 9
Fischer O
Iiillo 10.67
Long 9
McAlltster 11
McCloud 7.5
O'Connell 0
O*Roilly tO.fi6
Arness O
Campbell 7.5
Cooper 10
AGENDA FOR JULY 18 ASSEMBLY blIiI'iTING
PAGE
(o)
Ord. 78-41 "An Ordinance Exempting Certain
Nonprofit Groups from tho Kenai Peninsula
Borough Sales Tax*'
H. PUBLIC PRESENTATIONS (with prior notice)
(a) Dr. John l~ilsey, President
Konai P?ninsula Community College
(b) Representatives from O.M.A,R.
I. COI~flTTEE REPORTS
(a) School Board (Long/McAllister)
l b)
Cook Inlet Air Resources (Davis/Long)
c) Legislative Overview (Campbcll/Long)
(d) OEDP (Fischer)
(e) Finance (tlille/Coopor/Crawford/Fields/qcCloud. )
(f) Solid Waste (Fischer/NcAllistor/Cooper)
(g) Roads & Trails (Davis/Corr)
(h) Sales Tax (Douglas/Cooper/llcCloud)
J. MAYOR'S REPORT
(a) Finance'Report for June, 1978
(furnished at meeting)
(b) Memo 79-9 Line Item Budget Trans£ers
K. SCHOOL CONSTRUCTION REPORT
(a) Furniture & ~qutpment List for Anchor Point,
Tustumena, Sterling, Seward Iligh School and
Homer lligh School (appv 6-19-78 i 7-5-78)
(b) Res. 78-78 'A Resolution Awarding the Contract
~lementary Roof l)rnln Project and
Authorizing Expenditure of Funds for the Prelect"
with .qemo 79-2 '
(c) Res. 78.-3. A Resolution Approving Life
Safety' Modifications to genat Contra1 Iltgh
School" with Memo 79-1
(d) Res. 78-83 'A Resolution Approving ~lodifications
tb"the' Con'tract for the Addition at Anchor Point
School" with Memo 79-4
(e)
Res. 78-84 "A Resolution Approving ,qodificatton
~0'-~h'~-'~tract for the Addition to the Tustumena
School" with Memo 79-5
(~)
Res. 78-85 "A Resolution A~nrding the Contract
for 'tho 5oldotna Junior lligh School Portable
Classroom Relocations to Burton Ca,'ver ftlld
Authorizing Trnnsfer of Funds r,o,, the So.ldotn.',
Elementary School to the .Soldotna .lunlor ltlgh
School Account'* with Homo 79-0
ReS. 7_8-86 "A Resolution Awtrd'lng the Nlnilchik
Site Improvement Contract to .lohn Ilitqson Coml~any
Authorizing a Deduct Change Order, and Authorl~-tng
Transfer of Funds for the Site Improvement Project"
~lth Memo 79-7
AGENDA FOR dULY 18 ASSE~IBLY MEETING
PAG~ 3
(h) Res, 78-87 "A Resolution Awarding the Contract
~o Lightin§, Seward High School, to
Inlet Instruments and Controls Company"
with Memo 79-8
L. OTHER BUSINESS
(al Res. ~8-81 "A Resolution Approving Selection
~Architocts-Engineors for Schematic
Design Services on Future ~lodi£ications to
the Central Peninsula Ilospital" with Memo 79-3
(b) Res. 78-77 "A Resolution Authorizinl the Purchase'
o-~Jacent to the South Peninsula Hospital
for Use ss a Parking Lot"
(C) Res. 75-79 "A Resolution Appropriating the Sum
of $10~0~O to Subsidize the Broadcasting of
Regular and Special Assembly Meetings"
(d) Res. 78o80."A Resolution Establishin§ Rates of
Pay for on-Call Fire Personnel and Part Time
Positions of Employment"
(o) Res. 78-S7 "A Resolution £stablishin§ Job
Descriptions and Minimum Qualifications for
Positions in the North Peninsula Recreation
Service Area Recreation Department"
(TABLED UNTIL NEXT MEETING 6-20-78)
(f) Clerk's Memo RE Microfilm Equipment Lists
(l) Clerk's Memo RE Initiative Petition Ord. 78-45
(h) Clerk's llemo RE Initiative Petition Ord. 78-44
(i) Clerk's Memo RE Initiative Petition Ord. 78-45
(J) Senior Citizen Request for t(aivor of Time to File
for Exemption (Estle)
(k) Tax Adjustment Requests
M. ~YOR AND ASSE~IBLY: CO~IENTS AI~D DISCUSSION
N. PUBLXC PRESENTATIONS
O. INFORmaTIONAL MATERXALS AND REPORTS
P. NEXT MEETING: August 1, 1978, BeE and Regular Meeting,
7:30 p.m.
..£ ?.£tr -~1 I
GREATER $OLDOTNA CHAMBER Of COMMERCE
P.O. BOX 236
SOLDOTNA, ALASKA 99669
RESOLUTION 78-3
A RESOLUTION BY THE GREATER SOLDOTNA CHAMBER 0~CO_,~4ERCE
REI~ATIVI~ TO REPF-AL OF THE KENAI PENINSULA BoROuGH SALES TAX.
t~HEREAS, an initiative petition has been circulated
thzoughout the Kenai Peninsula Borough
requesting the Borough Assembly to enact an
Ordinance to repeal the Borough Sales Tax,
t~HERRAS, repeal of any law, regulation or ordinance has
positive, beneficial and welcome effects as
well as negative, haz~ful, and unexpected
consequencest
~HEREAS~ repeal of the Kenai Peninsula Borough Sales'
Tax Ordinance may offer the following benefitss
Immediate tax relief to all consumers~
Removal of Tax collection .respo~sibiltties
from merchants and service organizations,
Slimmer and trimmer Borough government,
An economic boost to a sagging local
economy.
t~EIRRAS, repeal of the Kenai Peninsula Borough Sales
Tax Ordinance may also have the following
unexpected~ detrimental consequencess
The tax relief will be short lived. All
monies generated by the sales tax aret by
law, reserved for school purposes only.
Shortfalls in revenues for fiscal year
1978-79 o~ $1,600~000 and for fiscal
year 1979 80 of $3~200~000 in the school
district operating budget will effectively
remove the present borough fund surplus,
presently earmarked-for immediate use in
a capital improvements program.
With little or no reserve remaining at the
end of fiscal year 1979-80 the borough may
have to request a raise in mill rate or
reenactment ~f the sales tax.
RESOLUTION 78-3
Page
All school capital improvement projects,
that include renovations and remodeling
work at individual schools will be halted.
This freeze may accentuate a sag in the
local economy, not a boost,
Reduction of the taxing effort will reduce
other sources of borough revenues. Federal
Revenue Sharing funds, based on populatlon.
population income and tax effort may be
reduced substantially. This year's fundln9
amounted to $627,000.
Receipt of onetime funds may not occur
again. Their absence in future borough
budgets will automatically show a void.
Some of the onetime funds weres
In lieu money $357,000
Interest earnings on School Bonds $1,800,O00
Anti-recession monies by Federal
Government $260,000.
There will be no offset on visitor and
tourist costs in borough government. Waste
disposal site costs and other related costs,
greatly increaped by tourism activity, will
have to be absorbed by other ta~eso
The taxing structures inside and outside
the cities of the borough will have a
greater spread, causing vast economical
harm in trading~ development and general
well-be~ng.
Collection of the sales tax, representing
only ~ 'persons at the borough level~ will
mean the same effort in each individual city.
This will boost the mill rate in municipal-
ities, further accentuating the taxing
differences.
NOW TF~RBFORB~ BE IT RF~OLVED BY THE GREATER SOLDOTNA CHANB£R
OF.~RCE a~ter careful review and thoughtful.consideration
~hat repeal of the Kenai Peninsula Borough Sales T~ O~dinance
would have more long lasting bagful effects to the cities
and the Borough that would far outweigh short-lived temporary
benefits.
RESOLUTION 78-3 Page 3
BE IT FURTHER RESOLVED BY THE GRFATER SOLDO~NA CHAMBER OF
COMMERCE that the economic well-being of the entire Kenai
Peninsula Borough is better served by the present low.
stable tax structure.
AND BE IT PURTHER RESOLVED BY ~GREATER SOLDOTNA CHAMBER
OF CO}~4~RCE that we oppose repeal of the Kenai Peninsula
Borough Sales Tax Ordinance and encourage all voters to do
the same,
ii i
Rdopted this _ ':27 day of June~ 1978,
~tin Maile"; secretary
I~MO
TO: John E. l~ise, City liana~er
PROH.. ~hrk Broom, Director Parks and Rec.
RE: Week of June 12-15
.f
Parks
Kenai Nuntcipal Ball Park:
1. cleaned up garba§e
2. mowed la,ms
3. erected barricades
4. £ixed £our ~aucets
$. watered lawns
6. repaired ~ences
7. all bleachers and bulldin§s painted by YACC
Kenai Nunicipal Camp§rounds:
1. built and placed new toilet pa~er holders
2. repositioned picnic tables
3. recovered tables thrown doum ravine
4. weeded
Beaver Creek:
1. policed §rounds'
2. installed toilet paper holders
' l' f-J"
Cunningham Park:
1. policed area
2. installed toilet paper holders
Birch Drive:
1. policed area
Beach:
1. policed area
_Recreation ~
1. ran ad in Clarion 6-8, 6-9. (See copy enclosed)
2. Thursday, June 8 and Friday, June 9, registration
went o~f very well; we had a great turn out. Lots
o£ interest in tennis~ weight-lt£ttn§ and s~i~ning
lessons.
3, Attendances
Men ?ues Wed Thurs
Ktndersym 3-5 8 -- 10 -- 6
Games 6-12 years 27 29 34 28 21
Arts &Cra£cs 13-17 4 -- 8 .-- 9
Arcs & Cra~cs 6-12 25 -: 24 -- 20
Games 13-17 7 10 21 25 28
Open Gym all agee 4 7 16 20 13
Evening adults 25 27 30
~he program ia running very smoothly astd next week Pat
Dab1, an art teacher, ~ill be doin~ the Arts & Craft~,
so ~e will be able to expand organized ga~. Friday,
3une 23, ~e ~ill rent the pool for 2 houro and advertise
a ;tee s~im. ~is ~i~1 be advertised in the Clarion and
on the radio. ~e hm~ded out our
day, 3une 15, 1978.
Nark Brown
I~ELt~OI4F, TO KENAX l'/tltF.~ Alii) RE(.*.
If 'you heven*t signed a va~.ver for your chiJ. d, pl~.a,e do ,¢,. Tlmy
gipate tn the program ~ithout a waiver nfter Nonday, June 26,
~oro yell be n free swim next Yrid~y, Juno 23, from 1-3, Tho~o chtldtez6
that vould rather not erin ore veleome in the nrc room ~or nrta and
~e k~s are uFg~ to brtn~ ecrapo of material,yarn, felt,etc, ~or tho
mrtm a~ erafte elsie. ~ay,June 19, and ~edneeday, June 210 the
olmos ~t11 be l~ hours lofl6--fr~ I:00 to 2;30,F~id~y,June. 23, it Mill bo
~ 'huuro--f~o~ l'sO0 'Co 3100. (Sam tL~ ne the ~ree evtm)
Because o~ tho 8teac tooponoe ye have had Jn the G to 12 pro~fam, th~ 13
to 17 preston te no~ open co lO to 12 year
~ore vJXX be n FRXSBEE I'~~T ~ot ogee 10-17 on Tuosdrty, June 20, lf00-Js00.
Susgoot/one for J~r~tn8 thc progr,m should' be dropped iff tho SugGeoCton
Box tn the upo~fltrs office.
~oro v/Il bo no open 8~ from 5=7 on TT~; only
/' ' ~O GYm Lo open dfJ~.Xy from 7-9 for ndoXto o~.
Z~ORTA~I TIlE PROG~ Iff N~' OPJ~N ItEI~EN 12:00 mid 1~00. Parento ~!.~
pick up your ktdn ~or lunch. They eho~Xd not be cncin~ learn. Thnnk~u.
0-10 M..W.IP KJnde~ 8-SYearold~;
Io.1~ M-P' OrgantzedGames 6*12yearold,lJ
1~12 M.W. IP Am.Crafts 13*l?yearohlsll
13 M.IP Orgafll~dGames t3-1?yoarold~Jl[
,..~ ~. 34:30M-W-D* Arts. n-CraRs (t*12yraroldsli
I
3.4 M.F Opt. nO3mJ AlJAgeali
5.90peftGym,WeJflJitRoom, 16.Aduit0nly
Registration for Kindergym, Artg
n Crafts, and 0r~anized Games,
Thursday. Friday, June 8-9 9-5 KCIIS
Friday, June Mid*Summer Carnival
Aris and Craft show, ilot Dog Feed,
Frisbee Contest and Film.Festival.
-- FREE FOR ALL'-
Thc "illin for
~umml.,r prof!ram will again
be offered to runners of
~*ge~ end abllltie~ this
aummer aee~dJflg lo gill
~hrJer,
The pro~rmn, ~f~fl~ last
~ach Mike L~r~tbn,
be ht~ded up thi~ 8umm~r
t)y ~hrier and ~rl, s
Muelnn~,
~e mflnin~ ~o~flm will
~ held al f;30 P.m. ever~
6undny beglppl.~ this
8uJJda~ at tile neon, fit the
end or Sp~L II~d in KeflaL
There will be four
dlateneea which can he
~lefl~i,R o9 the ~nner'~
age, pnyaJeal, emJditi~ eno
abilll~, Hunneta ma~
PmoJl~ a 7,5 kJlomgler,
kllomtqt~, 9,6 kilmnet~
one kilometer trail,
Ilcipant9 ~ill re, give rlb~
andeln'~ lime ca~
ehn~ gndWidual p~e~
will bp
fuUy ~fqnded hla'
Utle 0golpe I~ll~ ~gel
~O: John E. LTLoo, CJ. Cy Hanaser
/ROH~ Ksrk Brouu, Director Farks end be.
REs belt of June 19-23
Kmmf. Hunf. ef,~l hll l~erkf
1. Gleaned up sarbese
3. retmLlc l:l,CCle lessue fence
· 4. uCeraS fblds
S. Imuled refuse
rdnai Ifun~.af, pal Csup Srounde
Z. sue dam fLllen' Cress for fLrevood
2. p~lmd up refm
'3. ~14snas~up resrroous
AC ~ p~ko polkas and dump.ed S~rlmie us vel1 ~ puc ~C piper
1~17 6-12 12-17
Uomhy 6
I*ueedsy .-
28 - -
22 10 25
19 Closes fo~ rupe~rs
18 '* " "
13 6 20
FAGE
K I A&C A&C G 0 E
Thurshy - 26 - . 22 8 to
Fr~do7, 6 24 CanceZXed for open ~ 9 iS
Sro held · free swim on Friday June 23 fron 1o3 and ye had 62 people svLantns.
~Ehe prosrnu ts ~o~u8 ve~ smoothly 8~ ue sre s~Sn~nS people up for ~e
s~ tort lee~, Ve are sleo hvims 8 ve~shC-l~fc~ns clinic co run c~o ~ure-
~y h a r~, ~sed pluee fl~ a co~ of ~eleccer a~ revised s
KMule.
HE~SL~rT£R
Friday, June
Porks and Rec. Frosrnm
~NlIlS LESSONS v111 start: July lO--Besfnner, incerued/ace, advanced, ages
Six thru adult, SLSu up nov In the upper Sym,
alp up for Sb'ZHHZ~G LES$O~S Ln the pool offLce*-aSes 6-adult.
t
Freso-LZ~rLE LEAGUE BASEBALL CLI~Z¢ for 8trls and heye,Yhursdsy,July 6,
elm old Oller'a field eCsrcin$ sC Isa0. Zc viZ1 be siren by Brad Hills ·
aLSo up for cl~o ~ZGIIT LZWZ~fG clinic, to be he:Id JuZy .6 and 13, from g*,O0
Our HI:D-~ CAB~ZVAL will bo hold Friday, June :30, 10s00-3:00 in che biShachool
footbalJ, ff~Zd. Loci of pus. races, hotdoi,, prL~ei--sZgo an arc iho~ of
'elm ores'end arafca a:/Jsees ~od a ff3~. Everyone La veZcome--JusC brLn$ your
'of paL*n, mCeridl, oZduevspape~e, ecs.,, for our ArCs&
~he preston will be aloaed July 3rd sod 4ch for cb heltd~y.
DO~e! PORGE~O {Ol~O'fll~ JZVALIIIIlll
.
CITY OF ICENAI
PARKS & RECIIEATION
DEPAIITMEHT
SUMMER SCHEDULE
O-10 M-W-F KJndergym 8-SYearolds
lO.12 M-F Or~nizedGames O*12y~ro!.dsl
10-12 M-W-F Art~rafts l~-lTyearoiclsl
1-0 M-F Orgsnlz~dGamesl~'ltyeero!d. sl
1-~ M-W-F Arti. n~rofls o*12yrarotasI
:~0M-F OpenGym AllAfesl
OponGym,WeJfht Room, la-Adult Only
Registration for'Klndersym, Arts
n Crafts, and Organized Games,
· Thursday. Friday, June 8-0 O-s KCHS
FRS., Jane ~0 Mid-Summer Carnival
Arts nmi Craft show, Hot Dog Feed,
Frlsbee Con.test and Film.Festival,
- FREE FOR ALL --
I'
CZ~Y Or KBt/*Z IA.qJC9 )ED KKIL~YZOH 8UI~R i)ROGRAH 197S
June 26, 1978
~ol ~)lfmmtl
#
fr~ 10~-3~00, ~o ~re ~n8 · ~v~ ~ c~r~n from IOf~ ~LZ ~2s~0
llop~ ~:o ss~ you Iz~Ldly!
q
t
t, ~'oli¢od
6, cut ui' fallen treea
7, cloanod
Ke~l Hunioiplo Camp droundo
1, poliaod
p~okod up
oleaned re~trom~u
1, poltoed area
piokod up g~rba~ge
Ounn/ngham Park
])olioed aroa
pioked up KavbaGe
oleaned reatroomo
be~,?n building pionto tablee
{.
Fridny, June 30 ~a9 the mid-liu,~u~or carnivals
had an ~xcell..~nt Zurnout--6~ k~oi.'lo tn all,
had hoZ do~{, ca~o, poi,, ~m~. a~{:i ~aco~, an
eho#, and t.o movie~. ~loZ of ne'/,' people ~i~ned u[,.
ae'i~ht ['~[~,,~, and baucball
l'he total number of people no.v ui~cd up ~or tho
pro, ram im 16~.
pr rmm
~d~ at ~ Kemi ~
H~ ~rou~
~lg are ~ld kern 10~
am,; A~ n~ CrM~ ~re
held M~.
O~nl~ K~m~ ~or ~
i~ I1-17 Ke ~ld k~ 1-~
~.m, Monday Ihr~8.
~ 6.10 ym~ old ore ~M
4~1~ W~y e~
rrJday~ !
All '~g~ erg t~l~(r~
~ Item 5:M M 9 p.m.
(ff edula ~y, W~
n~y a~ Yrigsy (rom
CiTY G;
SUMMER PROGRAM
Flee Movies, Oamo~, Ads & Crofts Show,
fist D~s -- 10 e,m..3 p~.
*eeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeeee,
~nde~ym le n~ open -- Age9 ~5. M, W,F
-- 9.10
Klndorgym Is n~ o~n -- Ag.
M, W, F ~ 9.10
Free Ad Lessons for Adull8
T.Th -- 1~t2.
FFoG Tennis Lesson9 -- Kids, AduftG.
flegl9ler fl~. 9.9 M.P.
KCHS -- Up~r eyre, classes ete~ July 10.
Little Leagues Baeobefl Clinic, Th. July 6.1
Old Olfor~ Field wllh Smd Mille and Pele
Telxeira of tho P~Innula Oilers.
Weloht4i01ng Gllui~ -- wl~ Mink Brown,
.~HSW~OGIIInGCGn~ --.KGHGU~e~.Gym
ThuLo. July 6 end Thu~. Jury 19 -- 6.7 p,m.
Ps.lesion 611po must ~ signed by all par,
tlelpanlo -- For Info. oMI ~3-76~. Ask
Ma~ Brown.
~ ~ ~ ,n II
t.oeal mnnm'9 enQoy Run Fun
June 29, 19~8
Mr. John E. t~tse
~nager
Ct ty of Konat
P.O. Box 580
Kenat, Alaska 99661
Dear Hr. Wtse:
In accordance ~tth lgAAC 42.270, the Alaska regulations governing the
Coastal Energy Impact Program, ! am enclosing the tntrastat~ allocation
of CEIP assistance a~arded under the second round of applications.
A11 of these requests for ~undtng are subject to approval of the Offtce
of Coastal Zone Management, applications for Sectton 308(c) fundtng also
must be approved by the Legislative Budget and Audtt Committee tnasmuch
as the Legislature fatled to appropriate Sec. 308(c) funds. Barrtng
u~forseen complications, ~T1 applications should be cleared by the
latter half of Ouly.
The appeal parted established tn 19AAC 42.280 ~tll con;hence today.
In evaluating Round 2 appllcattons, the Department has been ~utded by
the current emphasis on the OCS area of the Lo~er Cook Inlet, the
contJnutng possibility of eventual discoveries tn the Gul¢ of Alaska,
JncludJng the area off Kodtak~ and the need for a11otttng funds so as to
provtde for a lo9t~1 progression of studtes and designs. As an example,
three of tho first four pro~ects on the deferred 11sting are Round 1
projects ~htch ~tll be subject to results of funded but Incomplete
acttvtty no~ tn progress. Together, these four projects ~t11.requtre
more than the $211,372 ~htch rematns available tn Sectton 308(b).
Uncertainty as to the ttmtng and amount of FY 1979 CE!P funds necessJtates
retention of the remaining a11ocattonfor release as the ongotn9 studtes
Indtcate htghest prJortty requirements.
Pgpllcattons have been ranked according to the allocation crtterta of
AA-C 42.210. In the revte~ process, ! have agatn constder;d the
e11gtbtllt~of the energy factllty and the probable effect of the
proposed plan or destgn tn preventing or ameliorating coastal energy
Impacts.
ohn E. Wise
&une 29, 1978
Page 2
gtth reference to the Kenat comprehensive planntn9 application for
which responsibility has now been assumed by the Kenai Peninsula
Borough, ! have approved fundtng as follows:
From Sec.. 308(c) $58.000
Kenat Peninsula Borough 14.500
Total $72,500
This reduction in funding .as necessitated by the 1trotted remat;dng
allocation tn Sectton 308(c) and has been made wtthout prejudice to,:;drd
future.city applications for related .ork. ,
You .tll note on the attached allocation schedule that the Department
continues to regard the Kenat roads and streets destgn as a htgh prtortty
matter.
you have questions, please call.
Sincerely,
Lawrence H. Ktmbal 1,
01rector
· cc: .,~i~yor..Gil~an
~-~'1 ~ ' 1.11
COASTAL ENERGY IffiPACT PRU~RAffi
FY 77-78 Fu,dJng - Round 2
HunJcJpal Allocations for Planning
6-29-78
,NICIPALITY REQUEST ALLOCATION FROH REQUIRED LOCAL
}08(b) 308(c) f4ATCH
CORDOVA (Rd. 1) $ 40,000 $ 25,000
Soltd wastes plan.
KEflA! PENIN. BOROUGH
ii Fact1~tystttngstudy
Comp. plan for KenaJ Ctty
Comp. plan for SeldovJa
HO~ER - ~ater system design
SELDOV~A - ~ater system destgn
KODIAK !SLAND BOROUGH
Management plan
HO~ER - Drainage plan
SUB TOTAL:
PROGRAHADRZN - C&RA
Includes admln, of total CE!P:
FY77 programs tn progress plus
FY78 funding:
Planning grants: $ 514,591
Loans 20,348,664
Env/Rec. grants 278,700
TOTALS A~IARDED:
TOTALS AVAILABLE
FY77 Sec, 308(b)
~78 Sec. 308(c)
F¥78 Sec. 308(b)
$160,000 $160,000
80,000 $ 58,000 $ 14,500
32,000 25,600 6,400
280,000 248,643
65,000 55,000
48,000 46,000 - 11,500
50,000 37,400 g,350
170,~74 ~1~9 34,055
H88,643 .$30.3,219
$488,643
$211,372
$303,219
HONER - Port &'sptt plan
SEI~ARD - Port plan
KENAI - Street destgn
_.. HOldER. -. Street..surveys. ·
SELDOVIA -Happtng -
...... J~OAIER_ _-_ _Se~rage destgn
HO~IER - Comauntty complex
HOldER Soctal serv, plan
HOAIER .: Recreation plan
pJan
DEF~ERRED PRO~ECTS
$120,000
180,000
125,000
45,000
42,000
75,000
50,000
16,000
26,000
Rd. 1
Rd. 1
Rd. 1
SELDOVZA - t~ater exploration
YAKUTAT- Implementation
p18nntng
REJECTED PR~ECTS
$ 34,000
45,000
.%
/
/POUCH ~ - .II, I/gEAU 0~811
IlF;Irl'. OF COMM t'N ITY & RI~GIONAI, AI*'FA IRS
J/v/8/o~ ~ ce/~e~/~
,lAYS, HAMMOND,
June 29, 1978
The Honorable Donald E. Gtlman
Rayor
Kenat Peninsula Borough
'P.O. Box 850
$oldotna, Ataska 99669
Dear Mayor Gtlman:
Zn accordance wtth 19AAC 42.270, the Alaska regutattons governing the
Coastal Energy Zmpact Program, ! am enclosing the intrastate allocation
of CE]P assistance awarded under the second round of applications.
All of these requests for ~undtng are subject to approval of the Offtce
of Coastal Zone f~nagement, applications for Section 308(c) funding also
must be approved by the Legislative Budget and Audit Committee tnasmuch
as the Legislature fatled to appropriate Sec. 308(c) funds. Barring
unforseen complications, all applications should be cleared by the
tatter/ra'Tf'~f Ouly. .
The appeal period established in 19 AAC 42.280 wtll commence today.
Zn evaluating Round 2 applications, the Oepartment has been gutded by
the current emphasts on the OCS area of the Lower Cook !nlet; the
continuing possibility of eventual discoveries tn the Gulf of Alaska,
Including the area off Kodtak; and the need for allotting funds so as to
provtde for a logtcal progression of studtes and destgns. As an example,
three of the ftrst four projects on the deferred 11sttng are Round 1
projects whtch wtll be subject to results of funded but Incomplete
acttvtty now tn progress. Together, these four projects wt11.r~qutre
more than the $~11,372 ,htch rematns available tn Sectton 308(b).
Uncertainty as to the ttmtng and amount of FY 1979 CEIP funds necessitates
retention of the remaining allocation for release as the ongotng studtes
tndtcate htghest prtortty requirements.
Applications have been ranked according to the allocation crtterta of
I~.AAC 42.210% In the revtew process. ! have agatn considered the
e~gtbtlltYof the energy factllty and the probable effect of the
proposed plan or destgn tn preventing or ameliorating coastal energy
tmpacts.
'I
The Honocahie Donald E. Gtlman
June ~?, 1976
Page 2
With reference to planntng applications by tim Kenat Peninsula Borough,
! have taken the following actions:
1) ~?~_.Cgy_~E~ctllty Stttng~Ana1~sts
;1o~ t~at the Borough has broadened the proposed factltty siting study to
incorporate an element to evaluate the denmnd for energy related port
ano harbor resources, ! have approved your application for CEIP funding
fr~:l Section 308{b)(4)(B) tn the amount of $160,000. As agreed at our
c:eettnd in Anchorage on Aprtl 14, ! have deferred applications for port
studies for Homer and Seward pendtng development of bastc data in the
borough program.
2) Comprehensive Plan for Ctty of Seldovta
In accordance with your Aprtl 24 lettero I have approved your applica-
tion to fund comprehensive planntng in Seldovta as follo~s:
From Section 308(c) $25,600
Kenat Peninsula Borough 6.~400
Total $32,000
It is understood that this planntng will be accomplished by the borough
in the manner outltned in the ortgtnal city application as modified tn
your April 24 letter. For your information, I am approving the Seldovta
application for funding the dest~n of additional water storage but I
have deferred other Seldovta applications pending development of this
comprehensive plan.
3) comprehensive plan for Ct~yI mO~ Kenat
In accordance wtth the Hay 17 borough letter, I have approved your
application to fund comprehensive planntng in the Ctty of Kenat as
follows:
$68,000
From Sectton 308(c)
Kenat Peninsula Borough
Total $72,600
Although these amounts do represent a reduction from the requested level
of fundtng,! understand that the borough planntng staff feels that the
work can be accomplished for $72,600. Htll you please provtde a revtsed
program, budget at your early convenience to enable preparation of the '
grant contract.
The Honorable Donald E. Gilman
.. ,lune 29, 1978
Page 3
! w111 be providing grant contracts for your signature within a few
weeks and !wtll keep you posted on progress toward federal and State
approval of these awards.
If you have any questtons, please call.
Sincerely,
Lawrence H. Kimball,
0t rec tot
0
· 0: John Wise, City f~nuger
F~OM~ W.A. Winston, Fire Chief
$~ECT: June Ac~ivlty ~.port
D~TE: JU~y 5, 1978
The month of June was quiet and ~hc~l a fairly light en~rgency
response reguir~o ~ res~o~_k~d, to the Air Field three tfm~s
this m~nth, twice for landing qear m~lfunctior~ and once for
engine problen~ on a~proach, lle responded to two structural fire's
that both turned out to be m/nor el~ctrioal problems, ~ ~ad L~
auto fires, one gas w~shdo~m an~ t~ minor wild]and fires. Our
ambulam~ made thirtee~ (13) runs, nine were classified routine
trane, two ~-.re fro~ motor vehicle accidents and one ~ossfble
heart attack.
We ar~ ~lhg the ~i,~ ~ out on routi~ i~ns W ~
~ get ~re ~~1 ~volv~. ~ ~e ~~ ~r~ a~ al~ ~
~lp f~l~i~ ~ ~ivers wi~ ~ l~s ~d ~ss~le probl~
~ J~ ~ ~ ~ 14~. we r~ ~r~ firefigh~s fr~ ~e Nor~
~le F~e ~~t ~o~h a s~ ~sic firefighting ~ ~r-
~ Oil ~ ~1, ~ Of bring a~at~, ro~ ~.~,
~~h~ ~.a~ r~..~ al~ ~ 169.5 ~ ~s
~ ~ wi~ o~y ~ ~=s of =a~ ~ ~d less ~n 18 f~
On June 21 and again on the 23rd. ~e supplied t~ men and one engine
for fou~ hours each day to the ~ Oil Fire School sponsored by
On June 6th. we assisted the Water De~t with a valve flushin~
lxo~e~c and atso continued on with our r.e~ hy&ant flo~in~ process.
We sent one man to Pairbanks to attend a state sponsored lnstructmrs
oourse and also t~o classes in but/ding inspections and code e~force-
mint oonduoted from ~y 25th. through 3une 2nd.
With the addition of t~o moee shi/t personnel we hope to be able to
reassign and reduce the number of over ttm~ hours presently being
loq/wd~ we will not be able to cc~letely eliminate it all, but hope-
i~Lty we can;-~,t it ~ to a r~re reasomble fi~u~ and still cover
aLt'aspeots of our service.
w/lo
Kena£ Fire
2719
C~NSODIDATED 14~II,Y ~EPORT
r4onth
lto~ Alarms $~ere Receiv~ds
Box ·
?ele=hono
· . .~otal~ Alarms
FIRES
Ru'obish near
in Vacant:bo2
Bioq~._OUt~oor Fires
in Stree2
Total Fires
less Calls
Aoei~ental Ala~m~
False Alarms
Total
DIREC? FIRE lA)SS
14ont:h
//
?o Da~o
I~,~ st Yea~'
¥t¢ ill.3 - 4,L7,63,1,
el,
£rom ~acbt
Fmc~ Cauoos,
~4#3 4.19.63,~
Of
F~CANTI h~S ~
gm;~].l Ret. a.{ 1,
'0¢:c~
Warc.,l-~ouoe~
~'M. ZSCELLA~,EOU~ BLDGB,
~'14 ~3 - 4,17.G3o4
IIOW. FZRE ~Tsg
:).:~t, ~e!~r_e Arrival of Ao~aratua ·
~y.~c._cLgRa__.~u with Exl'innui~t'm~a
Au~.:,atie $ortnklers Controlled Firs
-----~b chcmii~al 9r~bo~o~_t. er_ line
~o
.TYPE OF BUILDING
_This Yea~
!
Last Year
I,orf;es to Date
sx~osure ~oo~es (nu~e-~' o£ the ~ow
fires Which ~pread to other buildings,
*lnterioz construction moo~ly wood o: with unprotected s~eel ~:,ombero,
f'OLhO:'7 UP O!¢ II~SPECTIGNS AND OTHER
F! RE P~EVRI~'PION
P':4 (/~3 .- 4.17.63.6
P.O. BOX 185
PICLEA~ VA ~-~-I01
.CITY OF KENA!
JOHN E WISE CITY MANAGER
PO BOX 580
KEN/*~! AK 99661
THE ECONOHIC DEVELOPHENT ADPIINISTRATION HAS INFORHED PIE THA~'
THEY HAVE APPROVED A GRANT Itt THE AHOUNT OF $50,400 TO HELP CARRY
OUT AN ENERGY CONSERVATION PROGRAH AND CREATE XHHEDIATE dOBS FOR
UNEPIPLOYED V/ORKERS IN KENAI. THE CITY ~/ILL USE THESI~ FUNDS TO
HELP k/EATHERPROOF THE AIRPORT TERHXNAL. THE CITY VXLL ALSO PRO-
VIDE $12,600 TO COHPLETE THE $63,000 TOTAL COST OF THE PROJECT.
IF YOU HAVE ARY GUESTIONS PLEASE CONTACT THE ECONOHIC DEVELOPHENT
ADHX ~X STRATI ON,
b'EtrATOR 'HIKE "GR*AVEL
3113 DXRKSEN SENATE OFFICE BUILDING
~/ASHZ#(3TON, D,C. 20~tlO
9129
E047 EST
I'JGNCOHP HGH
J
)
)
)
LIBRARY IN 8EflVI(:E ~INCI~
BOX 157
KENAI. ALASKA 99611
REPORT FOR THE MONTH OF JUNE, 1978
Circulation Adttlt Juvenile F~sy Books
Fiction 1200 ?80 1399
Non-Fict~on 905 179 383
Total Book Circulation for Month
Fihne, Phonodtscs, Pamphlets, Periodicals
Total C~reul~tion for Month
Additions Books Phonodisos
Purel~ses 11b 1~
Total Add/t/one £or Month
Remedial ~nd Reworked Books
Ihterltbrary Loans Ordered Received ~eturned
Books 3~ 2~ ~
Phoned! scs/AV 1~ SO 18
Inte~library Loans by Ou~ Library
3
Volunteers
l~u~ber ~0
Tote/ Hours ~79
Income
Fines and Sale Books $~68.90
Lost or Damaged Books 1.00
Xerox 83.50
Donations for Rooks ~.00
Total Income fpr Month
Borrower ~s Car~s Ie~ued June
Kens!
North Ken~i
5oldotn~
N~nilehik
l~eilof
Clem Gulch
Sterlins
Torsi CsF~ ~8sued
236
CORROON & IILACK/I}AWSON & CO.,INCo
!1,1.1 · It'P,d ,~1~111
4nl Iil.i,iflf., ;lli(,,,l~u ItIISIII
91)7.2111,;I.171 l'Pll,'~,: 25.1011
3une 28~ 1978
Ross Kinney
City of Kenai
P.O. Box 580
Kenai, Alaska
99611
Dear Ross~
Z am writing to inquire the basis for ~e insurance award given
to Emery Inlet Insurance recently. We were unable to hear all
the Council*s comments due to the noise of refrigeration equip-
ment in the fire hall.
Our understanding is that the insurance was awarded to Emery
in spite of the fact that our proposal was lower in price by
$40,000.
-.~e.our--.prop~eal-.was .obv~ou~l.y~he .mo~e ~av~r~ble (othe.r .cQverage
differentials had a negligible impact on total premiums) and as
insurance is generally awarded to the "lowest responsible bidder
with adequate service facilities" we are at a loss to understand
the basis for the co~ncil's award. It is not clear to us why
bids were solicited if the insurance was not to be awarded to
the low bidder.
We were prepared to provide coverage for the City of Kenai and feel
we have adequately demonstrated both the experience and service
capabilities to do a more than #Adequate" Job for you. I am writing
to you as previous correspondence has been so addressed. I wish you
,-- would_pa_ ss_ou_r~ concerns along t_o the council. We cannot understand
~ow an award to-t~e~gh bidder can be cons~'dered to be ~n the best
~nterests of the City.
Very JTu~.~rs,
Inllll'ifletl
Cofl~ullanlo
ALASKA
601 WEST STl~ Avl-:.. ~UliF
Al(CHOn)Kit. ALACK ~. 99501
(907) 272.1~17
PETROCHEMICAL COMPANY
P.O. Box 6M4
II(,t, ston. TLxn~
(713) 621-8710
WILLARI) M. IIA~zI.IK
Juno 26, 1978
I~ayor Vince O'Reilly
C~ty of genai
genai, Alaska 99611
D~ar Vince:
Nany, many thanks for your help. It's good to
be off and running - for real. You and your associates
did a superb Job Of making the views of the Kens!
known in Juneau, and ! am confident that this contributed
s~eq_~f~cantly to the final a£firmative vote.
Best regards,
J
ALASKA
W~sr 5ill Avt., ,qtflT~. 320
AN¢IIOB4Gt., AI. As~.~ 99.~0l
(907) 272-l.~17
PETROCHEMICAL COMPANY
P.O. Box 6S$4
Iim~.~1o:% 'J'f'x45 77U(IS
O. (..'ll,~#L£.q I li)~lG (71]) 621.8710
('IIMP.~IAN O1: 'Will- II-AaD
3une 23, 1978
l~ayor Vince O'Re£11y
Box 580
Kenai, Alaska 99611
Dear Vince,
On behal£ o£ Alaska Petrochemical Company, thank you
for you~ con£~dence and assistance ~n obtaining leq~slative
approval o~ the Alpetco contract.
Under Gordon Cain's capable guidance we are moving
£orwardw~th our program and hope we can ~ust~y your
continued support.
Sincerely,
OCH f ps
?.BGISL~TIVE BULtETZ~! # ~9
,,~UI4E 29, 1978
Tho second soss~-on oE tho T~nth
~ou~nod on Juno 18, 1975o Of p~.~ ~ntor~s~ are tho land bills
and bon~ ~esuos. Fortunately, ~ny ant~-loca~ govor~ont b~lls
d~d not soo ~as~affo boEozo Cbc ffavo~ ~ont d~. lt~ovor, tho time
l~d como Eo~ thc~ ro~oal o~ tho g~ b~mt.n~s license tax and
there ~as no eto~inq it,
Tho £ollo~ing iea sunmary of bills, some havu already been signed
by tho Governor as noted and some are waiting for his signature,
Hc has t~onty da~s, not counting Sundays, ~zom tho day the bill
iS received in h~s office to sign, vote, or let tho bill boco~
Law without his signature. Because of tho backlog of bills, some
b~lls are still being engrossed as of Juno 27 so it wtll be some
ti~e before wu kn~ final action on all bills passed by both
ho~o8,
Ex~e~s P~o~ons o~ ~a~ re~at~n~ to th~ sal~ ~ repurchase and
disposition of the proceeds of tax-~o~eclosed real property to
home rule municipalities. (HCS for SB 372 am H Title Change)
Effective date:
June 26, 1978
C~PTER 48 - ALASKA MU~]ICIPAL BOND BANK AUTHORITY
~d~ -to--t~-~ ~m~eB~--of-the AIaska .quni~clpal- B~nd-~ank Authority
by allowing it to involve itself in municipal revenue bond and
municipal general obl~gation/revenue bond .transactions. Limits
recovery by the Bond P~nk Authority of ~tate ffunds payable to
a ~unicipali~.y which ~s in default on bond principal or interest
payments held by the Authority to general obligation bond de-
faults. Auth.,~=izes use of refference "Alas~a Municipal Bond Ba~k"
by the Authority in transactions in~,olving municipal general
obligation bonds. (}!CS CSSB 430 am H)
E£feotivo dato~
May 16, 1978
~{APTER 62 - PUBLIC ~'!ORK8 PROJECTS OP T~E STAT~
work, projects be vested in the state bofor~ work ~s ~g~ on
th~ s~te. (I~CS SB ~17 am H)
Ef£~ctivo date~
Juno 10, 1978
C~APTER 63 - REIATINGTO POLLUTION CONTROL
~ends prov~sLon~--o£ law relating t~ a~~ut~o~--oont~ol pro-
g=~s by =eco~izing multi-municipal distTfcts as participating
~ite of ~o p~ogram, by tigh~ning ~ho t~o constraints for
=~vi~and approval or ~sapDroval of municipal and
programs hold by tho Dopart~unt'of Environmental Conservation,
by requiring program approval o= pa=rial disapproval and mandating
department1 assistance ~n tho remedy of program.do~olonoios
recognized, by limiting ~o o~o'the n~er of eoparat~ po~its
which ~y bo required for a pa=~ioular air cont~inato source,
~d by r~ov~g a~ outdated provisi~ relating to con~o~nco
of certain municipal programsl'r~quires tho dopar~unt to ~ke
a dooisi~ with ros~ct to application for program approval
p~nding on tho effective date of this Act within 45 days of tho
off~etive date of this Act. (SCS CSHB 190)
Effe. ctive 'date:
Amends existing law by o~;tonding to May 15 of each year the cut-
off da~s for submitting applications to obtain an assessment
basOd 'on tho farming uso of privately owned land. (SB 339 am)
Effocitve date
September 10, 1978
BILLS, A~qAITING THE GOVERNOR'S SIGNATU~ AS OF JUN~, ,1~8X 1978
~USINES5 LICENSE A~) PERSONAL INCO;~ TAX I~D PROVIDING FOP. THE
SHARING OF CORP'~E-I~ICOMF, ~A.X RECEIPTS WIT~ MONI~CIP~LITIZS
Aut~horizcs-'a-t~:%~r~i% '~.~inst iHdividual income taxes of $10~
for tax years b~ginninq after December 31, 1977, $200 for tax
years beginning after December 31, 1978, and $300 for tax years
beginning thereafter; repeals the portion of th~ state business
license tax which is calculated on tho basis of gross receipts
and makes related technical amendments with respect to tho filing
of business license tax returns and payment of the tax; provides
for the continued refund of shared tax~s to municipaliti~s based
on a return of an amount equivalent to 10 percent of anticipated
recoipts from tho general corporate income tax and oil and gas
=orpoxate income tax, and prescribes methods of calcu].ation and
transmittal of ~.ayment to local governments.
(FCCS for CS for SB 7)
STATE LAND
~ig-~,%-~s mental health, university, and school land as general
grant land for th~ ~urpose of management and disposal of those
lands; creates three separate funds for each of tho trust land
eatagories with each fund receiving a certain percent of the
venues earned from tho management of state land. The funds are
to bo invested in profit-making securities with tho profit earned
to be available for appropriation to university, school, or
mental health programs. Amends existing law relating to tho
leasing of state land other than the extraction of natural
sources. Provides that the provisions of this Act which affect
university land or create university Fund must be approved by
the University before they take effect. Repeals the land regis-
tration act; authorizes the sale of the Alyeska Ski Corporation
lease to tho 1osco and sublesoe.
(FCCS for CS for SB 159)
COASTAL MANAGEMENT PROGRA~
~6~"~i~"~6h'd~6~-~to state statutes establishing tho
coastal management program; amends to April 15, 1978, the dead-
line for adoption of regulations by tho Coastal Policy Council
for use by coastal resource districts in the development of tho
boundaries of education service areas consolidated as coastal
resource service areas; adds "activities pursuant to oil and
gas lease" as a use of state concern for purposes of development
of the coastal management program; requires that alternates for
public mem~ors of tho Coastal Policy Council appoin~od after
tho effective date of tho Act must have the same qualifications
as tho public momber, and requires that alternates for a state
commhssioner or, the director of the division of Policy develop-
merit and planning bo a deputy ooit~{sst.oner or division director!
clarifies provisions of law relating to appointments to vacancia~
on the coastal policy council.
(FCCS for HCS for CS for SB 388)
2
BONDS - EROSION, ?~OOD CON?ROL, A~D POR~~
AUthorizes, sub-~ect to voter approval at %he next general oleotion~
tho issuance of general obligation bonds in tho amount of $33,290,000
for erosion and flood control, port facilities development and small
boat landing and harbor projects.
(FCCS HCS CSSB 448)
BONDS - W~.TER SUPPLY AND S~'~RAGE SYSTEMS
A~th6rlzos, subjedt to vot~a~pr~val-at-thu 1978 general eloction~
tho issuance of general obligation bonds in tho amount of $5,850,000
for recreatio~al facilities construction and related Drojoctsl
allocates bonds proceeds to specific proJects~ pr¢~scrib~s co,tent
of ballot pro~ositien.
(FCS for HC~ for CS for $~ 619)
BONDS - HIO~'IAY, FERRY, AIRPORT, LOCAL SERVICE ROADS AND TRAILS
A~-~h~INTE~A~C-~ ~ACILI~YcONsTRucTIO~ AND-~RANSPORTATIOI~ PlJ~NN~N~
16thorlzes, %iib~oc~-~o vot6r hPproval at tho next gonoraI°l~otion,
tho sale of.$8~,450,000 of general obligation bonds for i%iqhway,
ferry, airport, local service roads and trails, maintenance fa-
cility construction, and transportation planning.
(FCCS for HCS for C$ for SB 624)
BO~DS - FIIlffl~CI3~ ADVISORS
Requi~os uso 6~ih~e~ndont advisor in negotiated sal~s of bonds
by the Alaska Housing Finance Cor~oration. Ratifies any bond sale
made prior to the effective date of tho Act, notwithstanding
the underwriters providing tho issues with financial or ~iscal
programming or mark~ting assistance.
(SS 637 am)
RBTIRE[~ENT
~s'~ditod ~orvico under tho public employee retirement
system to employees of tho Alaska Co~unications ~ystom and
peace officers o~ tho territory and political subdivisions for
scrvio~ performed before January 1, 1961. Provides for early
vesting under tho teachers retirement system or under tho pulbio
employees rutire~ont system if th~ teacher or employee is fully
vested under either the Public Employees Retirement System or
thc Teachers Retirement System. Permits early retirement under
the T~achers Retirement System or the Public Employees Retirement
System after two years of mumburshi9 service i~ tho teacher o=
tho employee la eligible for ~arly =eti~ont under either tho
Public ~91oye~s R~tire~nt System or tho Teachers Rutiru~nt
System. ~nds tho definition of tho term "outside service" which
a11~s credit under the Teachers Retir~ont System for cut,in
t~os et teaching service po=fo~ed outside of tho public schools
of tho state. Allows credit under the Teachers Retirement SyStem
for partial years et service as a BIA teacher in Alaskal pe~its
surviving spouses of deoeased members of tho Public Employees
Retirement System to claim service credit which will result in
increased benefit for periods of military service of their spouse.
'Allows an appeal to the Public Employees Retire~nnt Board for a
waiver of an adjustment of retirement benefits required by tho
correction of an error resulting from the administration of tho
system. Extends to July 1, 1979, the deadline for the verification
of past military service for persons required to verify that ser-
vice before July 1, 1977.
.(FCCS SCS CSlIB 10)
SELECTION AND CONVEYENCE OF ~TATE LAi~ TO MUNICIPASITIES
~.~-~£~'i~f96-~rovisi-8~ ~6~ the 's~ec£iSE-h~-d-6o-6~yence
of state lands to municipalities in satisfaction of land convey-
encos authorized by AS 29.18.190 - 29.18.200; establishes vested
acreage entitlements for 11 boroughs and unified municipalities
and requires thc director of the division of lands to compute
and report entitlements to cities within six months of tho effec-
tive date of tho Act; establishes procedures and time limitations
for munici~al selection of state general grant lands and state
review and a~proval of those selections, sots out standards ap-
plicable to decisions of approval or disapproval by the director.
and describes applicable conveyenco procedures; authorizes the
selection of state "trust" lands (i.e. mental health, school, and
university land) by municipalities having minimal per capita
acreage entitlements, and authorizes restoration of other state
g~neral grant lands to the respective trusts on the basis of equal
value; author£~es payments to boroughs and unified municipalities
having "land deficiencies" (i.e. payments for certain selections of
land not physically suitable for residential, commercial, or
dustrial purposes, and selected by a municipality but precluded
from patent to the state and the municipality because of provisions
of the Alaska Native Claims Settlement Act) and establishes an
account in the g~neral fund as the source Of payments to munici-
palitles, setting maximum authorizations of appropriations to
municipalities eligible for payments; provides for land exchanges
and conveyencos of additional acreage for public purpose and mun-
icipal expansion needs; requires certain municipalities engaged
in litigation with r~spoct to previous land selections to make
an oloction between the benefits of this Act or of provisions
of law repealed by this Act, extends and clarifies municipal
selection and conveyence rights with respect to land classified
for agriculture puzposes; repeals provisions of AS 29.18 providing
for tho selection and conveyence of l0 percent of "vacant, un-
ap~r0~=iated, unreserved" state lands within municipalities and
development cities; requires annual reports with respect to
pl~m~ntation of the Act to the Legislature in each of the next
five y~ars.
(SCS for CS for HB 133 (Finance) am S)
4
FORGIVENESS OF JUDICIAL SRRVXC~S DEBTS
~orgiVdS =~ll--d6bts ou~st~nding"ag;?in~t' Del itical subdivisions
for the servic¢:s rendered the political subdivisions by judges
and magistrat¢=s in trying ordinances of the political subdivisions.
(HB 214 )
POLITICAL SUBDIVISIONS= SPECIAL APPROPRIATION
Reimburs6'~' ~litic'ai--~-ub~!:iP-i~ions ~f~ ~ho.' state for payments
made after July l, 1975 for judicial sorivces by appropriation
from the general fund.
(HB 424 am S)
ALASKA POUER AUTHORITY
.'~'~a--~-/[~--~-0 purPose ~-~r which tho Alaska Power Authority ~%~y provide
financial assistance to include solar, wind, tidal, and geothermal
energy production facilities and waste energy conservation facil-
ities. Amends the procedures undur which the authority may assess,
propose, and finance new power projects.
(SCS CSIIB 442)
SCHOOLS
~Pnends provisions of law relating to state financial assistance
for school operation and construction, and otherwise changes
provisions relating to title to school lands and buildings in
.rural educational attendance areas and to employment of persons
in tho construction of rural schools: Increases, effective July
1, 1978, to 80% of tho amount of state aid payable by way of reim-
bursement to municipal school districts of payments made, in cash
or for debt retirement, for school construction, and imposes a
roquir~mont that, for projects commencing after Juno 30,1978,
prior project construction approval by tho department of education
is a requisite to receipt of state aid; authorizes and directs
the commissioner of tho department of education to adopt regulations
to determine the extent of elegibility of a school construction
project for state aid; adds provisions by which qualifing munici-
palities may apply for advance grants for school construction
or major school rehabilitation if construction or rehabilitation
through authorization an4 issuance of bonds would otherwise result
in a much higher than nor~l debt-to-valuation ratio within tho
municipality, thereby saving the municipality high annual interest
charges; requires that, when a regional school beard for a regional
education attendance area requests the grant of funds appropriated
to the Department of Transportation and Publi0 Facilities for
school cons~ruction in the region, thc commissioner of the depart-
mont shall segregate the funds to a separate account and make them
available to ~he school beard, and the school board is, thereafter,
responsible for School design and construction; authorizes the
commissioner of the department of transportation and public facil-
i~ios to adopt regulations bearing upon the manner of use of funds
for education facilities, but only after opportunity for develop-
ment and review of the regulations by designated state school
associations~ authorizes ~oint assumption of responsibility
between a regional =cboe1 board and the department for school
planning, design, and construetion~ clarifies current require-
ments with respect to tho sufficiency of title required Drier
to initiation of an education faei!itv construct.ion proJuct~ author-
ires transfer of ownership of land an~ buildings used in rela-
tionshi9 to shcools to regional school b~rds~ im)o~es state
employment preference requirements (local hire requirements) on
parties responsible for.rural school construction; requires tho
commissioner of tho department of transportation and public
facilities, in the instruments providing for transfer of grant
money to regional school boards, to provide for terms and condi-
tions by which the regional school board adheres to local hire
requirements and payment of construction ~age rntes on projects
which are the responsibility of the board.
(FCCS for SCS for CS for HB 681)
STATE AID FOR PUBLIC EDUCATIONAL PROGRAMS
h-~d~ statu's~atdtes wHi~h"~o~idd-~i-h,-4~cial assistance to munici-
pal school districts and regional educational attendance areas
increases tho base instructional unit allotment under the Public
School Foundation Program for fiscal years beginning on or after
July 1, 1979, to $301,900; increases the base instructional unit
allotment cost-of-services increment payable to the Southeast
Island (RE?~) School District and the Kodiak Island Borough School
District~ adds bilingual education programs as a catagory for
which state assistance is provided under tho Public School Found-
ation Program, and sets out a schedule of instructional units
for determining state aid for bilingual education; adds to tho
Public School Foundation Program a definition of tho term "weighted
ADM (average daily membership)" applicable to the determination
of th~ number of students requiring special bilingual educational
inztruction in oath district computed with reference to a schedule
to bo established by tho department of education based upon tho
love1 of required service for these students; establishes in th~
department of education's bilingual-bicultural education fund a
separate account for the support of ~terials development.
(SCS CSHB 719 (Finance))
DISPOSAL OF STATE LAND
5~octs tho director ~f the division of lands to, before November
1, 1978, designate 30,000 acres of state land for disposal through
tho homesite entry program or thc open-to-entry program; requires
that not loss that 25% of the mental health la~d located i~ a
municipality with land entitlement rights may bo disposed of
under continuing state land disposal programs unless tho munici-
pality certifies that it will undertake disposal programs accord-
ing to tho needs of the residents of the municipality; directs
tho division of lands to conduct an assessment of tho de~and for
land in the state and the supply of land available to meet the
neuds of the people; requires the division to prepare a n~astor
list of persons eligible to participate in the homusite and eDen-
to-entry programs by October 1, 1978 and to keep the list current
thereafter; r~designatos anproximately 975,000 acres of mental
health land as general grant lqnd with all earliest convuyencus
and land manag(~munt decisions imolemented by law or state agency
to re~in in effect; ostablishos tho tlental tIealth Fund which
requires contributions from the stat¢,.tro~ury measured as a
percentage of the to~nl revenues earned from the management of
state land. The commissioner of revenue is empowered to invest
the principal of the fund in profit-~aking securities. Approp-
riations can be made from the income earned by the fund but
only for tho support of the m(!ntal health program; establishes
a state policy for the use and classification of land; sets a
time table for the disposal of state land and specifies amounts
of land to be disposed of; provides for the compilation of any
inventory of state land preliminary to th(~ planning and use
classification of that land; designates management categories
for state l~nd~"ustlS~Iishes ~'discount program for the benefit
of residents of the state who wish to purchase state land.based
on length of residuncy~ amends existing law which establishes
procedures for tho disposal of home, sites by docrcasing the dur-
ational residency period required before a person is qualified
to ~ntor a homesite -- under existing law tho period required
was six years and has been amended to throe years; also extends
from three to five years the period in which an entryman must
oro=t a hnbitablc dwelling; repeals existing law which prohibits
tho requirement that land may not be classified for diuDosal
for homesite entry if it lacks drainage, hms soil suitable for
agriculture uso, is mineralized, or is locat<:d in an ares that
is inaccessablu to existing services provided by tho state or
its political sub~ivision.
(FCCS for SCS for CS for ~ 720)
AU~IORIZING ~XEMPTION FRO~{ CONSTRUCTIOI~ CONTRACT BO~D ~EQUIRE~dENTS
FOR MUNICIP~L~P~IC'~RK~'~ROJECTS
~-~zus homd rule and goner'al law municipalities to exempt
from general state construction Daymont and performance bond
requirements qualifyin~ public works projects of tho municipality~
an exemption, granted by general ordinance, ~y bo granted only
if tho estimated cost of tho DroJo=t does not exceed $400,000
and (1) tho contractor has boon licensed in Alaska for two years
with a principal business office in tho stat~; (2) the contractor
certifies that ho has not defaulted on a contract a~ardod during
tho prododing three years; (3) the contractor provides ~ current
financial statem.~nt demonstrating a not worth of not loss than
20% of tho amount of ~ho public works 9reject contract; and (4)
thc total of all contracts which the contractor anticipates per-
forming does not exceed by seven times tho contractor's total
not worth as demonstrated in the financial statement submitted;
directs municipalities to provide the exemption authorized by
ordinance, and requires homo rule municipalities Providing the
benefits of the Act to extend tho exemption by ordinance An
eordan¢o with tho terms of this Act.
(SCS CSIID 766)
~IERGENCY MEDICAL S.ERVIC~S
~rOVldes ~or tho cert~i~ic~tion of .
and for emergency mod/cai technicians,
~eg~igoncl~o~sons so certified, inmunity from liability for simple
(CSHB 896 (Finance) am S)
AI~ISKAMEDICAL FACILITIES ~UTHORIT¥ ' '
primary purpose of providing financial assistance to municipal-
ities of tho state and medical services to entities to construct,
improve or equip medical facilities; cruates a seven member board
of directors (including three department commissioners and four
public members) to manage tho affairs of the corporation, author-
izos issuance of revenue bonds by the authority and thc ~ending
of proceeds of the bonds to 1cea! governments and entities res-
Ponsiblo for construction of medical factlttos~ sots out
procedures and PO~ers relating to tho issuance of bonds by tho
authority, grants related powers, sots limitations, orovides for
operation of medical facilities on a~ interim basis ~n certain
circumstances, and requires submission of an annual report to tho
Legislature.
(CSHB 917 am S} '
STATE AID FOH.LIBRARiES AND HOSPI~
.~u cOt ~ospitals: Removes th~ ~r~r~c ~ibrarios and state
v~ston o£ stne en lik~..~ ~ ~qulrem~nt An tho pro-
t aid ........ ~u= vnac azu bo made by way of reim-
bursement, and authorizes the commissioner of education to make
grant Payments in accordance with adopted requlations~ authorizes
uso of grant proceeds for other ltbrary mat~rials in addition
to books and Periodicals! increases tho authorized grant award
amount to $1000 per yoar~ provides f
and h o~ ~.uc pro gcc s . __ t ~_
ealth f~oilitv co-o~ .... ~_i _~ __ ponsors for
five percent of total pro, oct cost to tho recipient in any on~
· ' ~~"'"~ rozmDursomont of
fiscal year if that method of -
Payment eXCeeds the Present method
of comp~ting reimbursement on tho basis of number of beds pro-
vtded fo=.
(SCS HB 919)
8
| AONINISTRATIOJ~ OF JUSTICE 4CI~IT.I
PAOt
Ilo600
104,100
4eOJlelO0
68 le ~00 "'
JOeeOI S. &10,600 "
FOCI IGI GINI #1
e, d~
16
~0
Il
JUVENILE
HCLAUOHL IN YOU~N CENTER
IKONO dUOlCl~L OISTAIC~
J. APP~PRIATI~ APPIOPIIATIOH
: ,o~,. ,.,.,....,. ,. ,.,,,.,,
~ ~ ACNINISTIATION ANO SUPPORT iT MSIflONSI 236e300 ' ..
~ 6 C~I~INAL ~PEALS & SPKIAL PROSECLTi~ 19 POllflOkSl 416, T00
~ · ,: ::~:.~.,~:;~o::~:,;..,. ~.,,,.,, ,,o.,,.. . "'"'"" ......o. -
~ ,~ ,, ,,,...,o..,,. c,~. ,., ,.,,,.s, '
~' lJ KETCHIKAN COR~ECrlON CE~TfR glo FOSITiONS} 6TOeOO0
T ~ ~.~A 16 ,l~eVlfu NANO~ 119 POSITJONSI
~'~ ~ 805 100
~b~P~OPKIATJON FOR AOUL/ CO~IK~flGNT LOCAL fACILITIES A~ lYE OXPfNOI~U~
~~' ..................... N~A'"'~-,~.TL HA ~ -Vff~. PJG~T~E~S _
~4 PAJOR H[OICAL ~ ~O HIRE IT POSIIIONSI610, SO0·.
ag ~szn c~e
NOTE...~S
'~IEETING OF JUNE ~2, 1978
CITY*MANAGER'S OFFICE 8:00 a.m. - 10:00 a.m,
REGARDING COORDINATION FOR LOCATION AND
RELOCATION OF UTILITY LINES DURING THE
CITY OF KENAI'S 1977 STREET IIqPROVEt4ENTS PROSRAr4
Present: Ketth Kornelts, Public t4orks D1rector, Vtnce O'ReJlly, r4ayor,
an-h~-~En E. gtse, City r4anager - City of Kenat.
Phtl Bryson and Cratg Freas ot' t~tnce-Corthell and Associates.
Don Brown of Brown Construction Company, Inc.
O. L. Thomas of KUSCO,
C, Rogers and Jack Gamble of Glacter State Telephone.
John #1se discussed Oscar Thomas's letter gtven to the City Counct1
on June Z1, 1978, moving uttlltJes wtthtn project limits, moving
utilities that are not tn accordance wtth Borough standards and
whether or not such should be paid for by the uttllty company, and
moving properly placed utilities for the convenience of the Ctty. r4r.
· #.~se .advtsed .that he would recommend to the .Kenat City Cou,ct1 that
payment for relocation of such properly located utilities whtch are
moved fop the convenlence of the Ctty be made through contingency
funds.
There have been standards adopted by the Kenat Peninsula Borough tn
1971 which gtve approximate locations for uttltty ]tnes,
Jack Gamble stated that Glacter State had problems w~th developers
Complying wtth these specifications.
~ohn Wtse stated that he hopes to have. an ordinance adopted next year
that Subdivision developers w~11 have ~o comply wJth that ~s tn accordance
wJth the Borough's spectftcatJons,
Oscar Thomas asked about ten years agd before the specifications were
adopted by the Borough.
~ohn #1se stated that there was no answer available at th?s t?me, but
.sT~r~sumed that the Borough arr~ved at spectftcattons through some
ktnd of reference to nattonal advJsory specifications, There wtl1 be
same new construction projects comtng up tn the Ctty of Kenat very
shortly and the design engineers and uttltty companies w111 be contacted
for a preliminary destgn conference, There wt11 also be a pre'construct?on
conference.
of June
Don Brown stated that he contacted all uttltty compantes about worktng on
~knU Hay twenty days ago and they were all made aware that this work was
to be done.
aStated that Glacier State had had no real prob]ems wtth these
nd that thetr main concern ts relattve to funding or reimbursement
for their expenses. They feel that tt is less expensive for them to
completely replace phone ltnes than to relocate extsttng phone ltnes. They
esttmate that they have expended some $10,000 on these projects.
Oscar Thomas stated that tt would take KUSCO four worktng days to complete
its work on Kaknu Way. They wtll "pot hole" locate ltnes so that they are
physically located. There are some lines that will have to be relocated.
1~5C0 wtll have someone working directly with Brown Construction watching
thetr gas 11neso
Don 8town stated that he anticipates worktng on Luptne Drtve tn about ten
days. They wtll begin at Fern and work down toward Luptne.
Oscar Thomas stated that the ground was still frozen at the beginning of these
projects when he started his 11ne relocation.
Jo~n wtse stated that when the destgn engineers drew up the present plans and
specifications, they had to contact the uttltty companies for their Input to
locate thetr 1tries and tndtcate them on the engineering drawings. The potnt
that the uttltty companies dtd have some ktnd of awareness that these
proJects~ere tn.the mtll and were betng designed, wtth possible construction
thts year.
Oscar Thomas stated that the destgn engineers were tn KUSCO's offtce qutte
o-'f~l'~;~g at their as-bu~lta and that he was aware that the C~ty had
proJects planned for thts summer, but did not have the opportunity to review
John #1se stated that btlls that were cl.early and correctly documented for
ltne-~elOcatton, showtng l~ne location before and after such utilities were
relocated, and revealing that they were originally tn a correct location,
would be sent to the Ctty Council. Mr. gtse emphasized that thts was not a
commtttment on. behalf of the Ctty, but merely a recommendation to the Counctl for
y ment ~o the ut~ltty companies for relocation of properly located utilities
r the convenience of the C~ty.
Oscar Thmas stated that the ~orough had contradicted itself tn s~me uttltty
~ments. Hr. Thomas asked Hr. W~;e how reasonable nottce should be
established.
Jih-n'~ie~stated that reasonable not,ce should be discussed at a pre-construction
~e, discussing how nottce would be g~ven and what ts considered reasonable
tfme.
Page 3, Meeting of June 22, 1978
nStated that ltnes being relocated now are not always betng
accordance wtth the Borough specifications. Therefore,
uttllty companies are runntng the rtsk Of havtng to relocate 1tries agatn
at a later date.
Jack Gamble sta~d that Wtnce-Corthe11 did contact them about a sear ago
and" Vevlewed the plans wtth btm at that ttme.
This meettng was concluded with a feeltng of mutual cooperation between all
parttes tn an effort to complete these projects,
KK/eh