HomeMy WebLinkAbout1978-09-06 Council PacketCOUNCIL PACKETS
SEPTEMBER
T
Kenai City Council
Meeting
September
Packet
6, 1978
AFIF. NI~A
KI.:NAI CITY COU~R~II. - I{EGIII,AI~ .~iI-'.ETING
SF, PTI%%IIO-:It ii, 19~$ - ?; 00 P.M.
KE, NAI PUBLIC SAFETY fll;ll01)lN~
PLEDGE OF ALLEOIANC£
ROLL CALL
AGENDA APPROVAL
S. HEARINGS
I. TrOnbfcr of Ov/netehip of retail liquor II~en~e, Faodtn~';n Liquor ~tore
C. PER~ PRE~E~T SCHEDULED TO BE IIEARD
l. Andy Sneaky. prote~t of Cf~'s non- e,~ol'~t~tent of ~onfng ordinnnee
~. 8~dra Vozn~. ~n~ng on: 1) ~blfe sullenest; 2) l,Jbte Street; & 3) audience,.
n~ bd~ able ~ hear at Council m~n~
]. Risk B~dv/ln. repre~ntin~ Ro~er8, floldx./fn. ~ea~ & Am~8 (~ t~lth City)
D. 1. Minute~ of~o re~ meetioK of August I~, 1978
~, ~u~s of the 8p~ m~tfnff of AuguM ~4, 1978
E. CORRESPONDENCE
F. OLD BUSINESS
I. Resolution No. 78-134, Alleged Publio Nulenneos
2. Municipal Afq~t - Orals Lending Stop
O. NEW BUSlgESS
A. I. Bills to be paid - bills to tM r~ttJfled
( ~ f. Appaoval or requisitions exceeding $$00
· / ~ --~ ~ , ~='"~dlnnneo 420-78, Ine~ens'mg esitmated revenues/appropriations $5,000 - EPA Suit
.~4,_ '-~~ ~ '--'-~"~4'.-:.l"~dlnnn~e 4~?-78, PFovldo ulm by City Council of a Con~ent Cnlendn~
~J~'~- ' ' --O~'~Ordfmnae 4~9-78, Inerensing enflmnted Fevenuoo/epproprlntinns - Anti-read,sion Funds
~_,_. ' . '$. '-n---~-Iutin~J 78-~42,. Po~ilJonnl slnte~nenl toJotive to applications for re~onJnff ~ithtn City
?. R~olution 78-14.3, TFnn~fe~ of funds, completion of Kcnnf t~'nter Project Audit
· ..- 8. Resolution 78-144. Teflnsre~ OF funds, repair of doors in Terminal Suildin~
9. R~solution 78-1.45, Transfer of'funds, innt~llntton of Hghting fixtures st Ft. Kenny
10. Resolution 78-149. Authoz~d signatures fer deposit or wJthdrnwl OF Funds
Il. l~0olutinn 78-147/, AuthoFl~.in~ amendment to ADAP Grant P~oJeet 08-02-0142-02
12. Resolution 78o148. Attondnnee OF Depn~,m~.,nt He~ds et Executive SosMena of Council
~J~se o AirpOrt Ter~JJrtal ~pflce, y ~d~J~/ .. I~. Payment to CH2M Hill .- Sewage Tr~f~tme~t Pleat Modifications & Facilities Piss
10. Payment to C~'men Ointoli, ArehJtoat, faf services relative to Aretio Doors & Ah* Lock Foyer
17. Paymont to TRA/FaFr - Airport Master lion Study
/ _M,.Payment to Project Mnnngnrs AInsim, isa. - Surveying sorvfees billed
by
~YeLene
....... /-~.~ment to Ted Fotot& As~o~iotes - Fifth St. & Spur Highway waterline projects
..... ~.~-- __~_~_~_~_~_~_~_~_~lsoussion - CEll' OFant Application requests
~Jl. Dfseusefcu - Interim l~odfflentions of Sewer Treatment Plant
~..DJsoussfon - OolJion Grader
23. Dissuasion - HB 103, City entiOements
H. REPORTS
l. City Msn~ger's Report
2. City AttorneY's l~eport
0. Mayor's Report
4. City Cio~k'o Repo~t
S. Ffrmnee Director's Report
S. Planning & Zoning Commlooinn Report
~. Borough Assembly Report
!. PERSONS PRESENT NOT SCllEDULED TO i~E IIEARD
ADJOURN~tENT
CITY OF KENAI
RESOLUTION NO 78-144
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA T~AT
THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1978/79 AIRPORT
TERMINAL FUND BUDGET.
From
A/rport Terminal - repair and maintenance supplies ~$650.00~
To
Airport Terminal - Repair ard maintenance $650.00
The purpose o~ this resolution is to provide £unding £or the repa£r o£
doors in the Terminal Building.
PASBED BY THE COUNCIL OF THE CITY OF EEIqAI, ALASKA, this 6 th day
of September 1978.
ATTEST
VXNcEHT O'REILLY, AYOR
hue C Peterw C~ty Clerk
APPROVED BY FI~A~TCB** .. ~~
'1
CITY OF KENA!
RESOLUTION NO 78-145
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT
THE FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE 1978/79 GENERAL
FUND BUDGET.
Fr~m
NondepertmentaX - Repair and Maintenance SuppXies ~$400)
To
Nondepartmental - Buildings
$400
The purpose of this resoXution is to provide funding for the instaXlatton
of additional lfghting fixtures at Fort Kenay.
PASSED BY THE COUNCIL OF THE CXTY OF KENAI, ALASKA this 6 th day of
September 1978.
ATTEST
~ue c Peter' city-c'lerk
APPROVED BY FINANCE:
CITY OF KENA!
RESOLUTION NO 78-146
A RESOLUTION ESTABLISHING DEPOSITORIES FOR MUNICIPAL FUNDS AND
ESTABLISHING THE AUTHORIZED SIGNATURES FOR DEPOSIT OR WITHDRAWAL
OF FUNDS FROM SAID DEPOSITORIES. '
WHEREAS, past resolutions authorizing signators have given two
persons in the same dep~rtment the capacity to sign a negotiable
instrument, and
WHEREAS, it is the finding of the Council that such practice is
not desirable.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows.
Section 1 That the AlaskaState Bank, Kenai Branch and/or
National Bank'of Alaska, Kenai Branch, and/or First Federal Savings
Bank, and/or First National Bank of Anchorage, Kenai Branch, be
designated as official depositories of municipal funds.
..~Sa¢tion .2 ~ha~, .£orJ~nk£n~-~ur~ose~, the persons listed.
hereina~ter are authorized as signators on accounts of the City of
Kenai and any two of such persons may sign negotiable instruments
for the City o£ Kenai
John E Wise, City Manager
Charles A Brown, ~cting Finance Director
Lillian Hakkinen, Accountant
Sue C Peter, City Clerk
RESOLUTION 'NO 78-146
Section 3 That, for purposes of internal control, one of the
£ollowtng comb[nations of signatures must appear on any negotiable
instrument o£ the City of Kenai
John E Wise, City Manage~
Charles A Brown, Acting Finance Director
Or
John E Wise, City Manager
Lillian Hakkinen, Accountant
Or
Charles A Brown, Acting Finance Director
Sue C Peter, C~tyClerk
Section 4 That all prior resolutions designating depositories
and authorizing signators are hereby rescinded.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, th~s Sth day
of Beptember 1978.
ATTEST
VINCENT O'I~ILLY.
sue C Peter, CLty"Clerk
CITY OF KENAI
RESOLUTION NO 75-147
A RESOLUTION OF THE CITY OF KENAI AUTHOR~ZING. ANAMENDMENT TO
ADAP GRANT PROJECT 08-02-0142-02e
WHEREAS, the City applied for an ADAP grant to update runway
ahd taxiway lighting~ installation of a second fence ~nd purchase
of abutting 1andy and
WHEREAS, all phases of the project have been accomplished except
for purchase of abutting land~ and
WHEREAS, in the best interests of the City and the FAA it is
desirable to amend the grant application and close the p~oJectf
NOW, THEREFORE~ BE IT RESOLVED BY THE COUNCZL OF THE C~TY OF KENAIt'
ALASKA that the City Manager ~s hereby directed to make applicat~oh
f~r 9n amendment to ADAP grant Q8-02-0142-02 to delete ~c~u~sition
o~ abutting lands ident~fied in Exhibit A o~ appl£catton as T~act
ATTEST
~Ue C Peterf C~t~'Clerk
Introduced by CouncJhnsn Whelan
CITY OF KENAI
RESOLUTION NO. 78-148
A RESOLUTION OF THE CITY COUNCIL OF KENAI, ALASKA RELATIVE
TO THE ATTENDAIqCE OF J)EPARTMENT HEADS AT EXECUTIVE SESSIOIqS
OF COUNCIL.
$fllEREAS. it is in the public interest that the Council of the City of.
Kenai may be required to cell an executive session of Council under
certain circumstances, and
WHEREAS, executive sessions should be as short as possible to take
care o~ the necessary business and to present the outcome of business
to the public as soon as possible, and
WHEREAS, the Council should limit the attendance at such executive
sessions of City department head personnel when matters under discussion
do not concern them directly, since the attendance of said personnel
may tend to extend the meetings longer than neeesem, y through extended
dlseusaion and debate,
NOW, THEREFORE, BE IT RESOLVED BY THE'COUNCIL OF THE CITY
· .OF.KF, NAI, Alaska.that .at.~X~e.utlve .sessions of Council all depm'tment
head personnel will not be Invited to attend the entire session unless
the matters to bo disetmsed pertain directly to them, but may be ealled
In at the request of the Couneil durin~ the executive session to advise
the Counail an certain nequested matters.
PASSED by the Council of the City o! Kenai, Alaska this 6th day of September,
1078.
ATTEST,'
VIncent O'Reilly, Mayor.
Sue C. Peter, City Clerk
CITY OF KENAI
RESOLUTION NO 78-149
BE IT RESOLVED BY THE COUNCIL'OF THE CITY OF KENAI THAT THE
FOLLOWING TRANSFERS OF MONIES BE MADE WITHIN THE FOLLOWING
LPW CAPITAL PROJECT FUNDS
. FROM
Contingency
AIRPORT DRIVE PAVING 07-51-26997
8TREET IMPROVEMENTS 07-51-26998
~ 3~807)~'~-)G ~
TO
Inspeotion
AXRPORT DRIVE PAVING 07-51-26997
STREET IMPROVEMENTS 07-51-26998_
The purpose of this resolution ts to transfer monies for the
~.~e'of ~ov~ding funds for .surveyin~ charges by Mc~ane and
Associates, as billed to PMA~ Ino plus five percent (5%~ per
the PMA invoice number 22470R dated August 30~ 1978,
PASSED BY THE COUNCIL OF TME CITY OF KENA! THIS 6TH DAY OF
ATTEST
~INC~¥ O' REi'LL¥, MAYOa
CHuM
:HILL
L...J
engineers
planners
economists
scientists
Ct ty of Kenp 1
P. 0. Box 580
Kenat, Alaska
99611
Attn:
Rt. John Rtse, Manager
Date 15 August 1978
~ob No, K10505,01
Client Ret. No.
Invoi~ No. 9454
~rATEMENT
For servtces through 24 July 1978 in connection wtth Sewage Treatment
Plant Intertm Hodt¢tcatton Contract Oocuments.
professional seevtces:
~aee Rate Hoprs Extension
Leman, L. 0. $41.00 I $ 41.0.____~0
Total Professional Servtces
$ 41.00
Expenses:
Repro/Hfcroftlm $ 3.64
Telephone 42.89
Prtnttng 50.51
SuppHes 7.35
Miscellaneous
Total Expenses ~129.39
~IOUNT DUE ........................ e · · ~170o39
ND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COM,.I~,~ED BY A '?ERIODIC RATE" OF 116 PER MONTH, WHICH IS
NUAL PERCENTAGE RATE OF 12~ (APPLIED TO THE PREVIOUS MONTH S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAgT.DUE AMOU'NT8 UNLESS OTHERWISE PROVIDED BY LAW Off BY CONTRACT.
AIt('hoM#e Office M 310 K .~lf(~t, Suite 6l~ Aflthura#t., Alaska (~)51)1 (J()7/279.1~4~
./
C 2M
[. HILL
scientists
¢tty of Kenat
P. 0. Box 580
Kenat, Alaska 99611
Attn: Hr. ~ohn Htse, ~anaser
Job No,
Client Rel, No.
Invoice No,
15 August 1978
K10510.BO
9469 . %.
For servtces through 24 ~uly 1978 tn connection wtth the Facilities Plan.
ProCeS}4onal Service_Is:
- Hou_9.~rs Extension
Chrtstensen, O.R. 29 $ 792.89
Leman, L.O. 7 234.93
KountS, O.S. I _ 16.9~
Total Professional Servtces
$1,O43,77
Ruto Htleage
Heals/Lodging
Telephone
Transportation:
O. R. Chrtstensen SERIANC/SEA
Kenat Att Servtce- EflA/ANC
C, E. To~kko
L. O. Leman
Total Expenses
$ 13.60
151.80
60.97
279,16
N~OUNT DUE · · * ....
DUE AND p;¥AELE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A ,'pERIODIC RATE" OF le~ PER MONTH, WHICH
AN ANNUAL pERCENTAGE RATE OF 12~G (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDr
~A~Ch.f,?fle Olik't' lB JiG K Stf4't't, Suite M)2 AnrhmaRt', Alaska tJ95t)l 4JO?/27~J'b41)l
carmen vincent gintoli, architect
~eOX 3.504
nal, alaska 99611
907 283.7732
Tot. a/. ' *f?~n ~
eeee~eeeeee®eeeeeeeee®eee · .
C~nl&
ARCfllTEG'rURE ENGINEERING PLANNING INTERIOR8
August 16, 1978
John Wtse, ~nager
Ctty of Kenat
Box580
Keno1, Alaska 99611
RE: Kenat f4asterplan Study
Dear John:
Enclosed ts our Statement No. 12 for ~ork completed durtng the months
of June and July, 1976. Zncluded are monthly progress reports.
Yours very truly,
RDF/rls
cc Jim Perham w/encl
313 "E" 6TFIEET. ANCHORAGE, ALASKA 99501 TELEPHONE (g07) 277-2641
A~CHITECTURE ENGINEERING PLANNING INTERIOR8
August 16, 1978
FOR:
PRO~ECT:
John #1se, Ctty Manager
Ctty of Kenat
eox 68o
Kenat, Alaska 99611
Progress Bt111ng
Kenat Atrport Nasterplan Study
STATEHENT..N0....]_2
#ork performed durtng June and July, 1978
$10,328,94
313 "E" STREET, ANCHORAGE, ALASKA 99501 TELEPHONE (907) 277-2641
ESTII.~[E OF HORK PROGRESS ArID COSIS IIICURRED
KEflRL AIRPORT HASTEP, PLAfl
t4ORK ELEI4EflTS
'Forecasting
Atrspace A~alysts -.
Demand Capactty
Faclllty Requirements
· Environmental-& fiotse
. TOTAL PHASE I
te Selection
Period: June 1978.
Summary
Project Scope
f4an hours
....':. 184
144
" 32.
Cost
$ 5,16~
', 3,359
· 1,224
402
8,940
,P. rogress this month
"f~,_Co~mplete Cost
oo.oo'
0~. 00.00
O~ 00.00
0% 00.00
O~ 00.00
9~ 999.20
8, Site Evaluations
L' Alternatives & Recomdns.
III Plans
Use, Access Plan
Termtnal Area Plan
13. Mrspace UttllzaMon
Plan
.,Obsaa~le, ~glear.Zone
17.
18.
~Plan.
""*TOTALS PHASE III
iV Plan
ram
Cost Estimates & Revenue
Economtc Feastbt 1t ty
Financing &Leastng
TOTALS PHASE IV
328
368
128
160
.144
176
193
$ 8,972
11,130
3,698
1,620
00.00
00.00
00.00
00.00
41~ 670.24
$ 4,637 OZ 00.00
3,M1 L~ 83.50
6,1~ O~ 00.00
OZ 00.00
scellaneous
20. Printing, Reproduction
i~1. Travel, Per Diem
~. tlt~l Rose-
Reimbursable
· ~ .... 6raphtcs
~. Cownun, 'Parttc,& Goals
25. Study-Design &
'i~0~; COsts
26. Admtn: Agcy. Co-ord.
TOTAL PHASE V
GRAND TOTAL
96.
D.C.
120
232
144
3,628
$ 3,3§1
4,000
14,050
233
3,699
6,848
7,000
' 9,842
$12 ,159
O~ 00.00
34~ 1,358.62
19~ 2,727.50
O~ 00.00
20~ 719.76
18Z 1,228.30
O~ 00.00
11~ 1.035.04
$8,822.06
Progress t5 Date
~,~Complete ~Cos.t,
100~ .5,166.32
IOOZ 3,359.37
100~ 1,224.40
100~ '.402.24
100~ 8,939.84
100~ .~
'94~ 8,414,8Z
100~ 11,1 30.40
100~ . '3,697.60
100~ 1,620.00
1,560.64
$26,423.46
955 4,416.64
91Z 3,220.18
go~ 4,611.02
go~ ~
00.00
1,608.52
13,130.00
100~ 233.00
95~ 3,418.86
96~ 6,574.11
100 7,000.00
94~ ~
$113,318.22.
mm,
IgOPJ~ ELEHENTS
6.. Airspace Anal~sts
4. Demand Capactt~
S. FacJltty Requirements
6.. Environmental & #otse
TOTALS PffASE Z
Sfte Selection
)~S'
8, Sfte Evaluations
9, Alternatives & P~comdns.
:
Plans
11. Use, Access Plan
12. Temtnal A~ea Plan ·
13. Atrspace UttlJzatton
PJan
34,..,Ob~ta&Te, T,]ear .Zone
~'~Pl&n
TOTALS PHASE
ESTJl4ATE OF 140Rg PROGR£SS AttD COSTS ]flCURRED
KEflA! AIRPI)~T PJtST£R PLA~I
P~rJod: dune 1-30 1978
Ftm : TRA/Farr
Project Scope Progress this ~nth
.IqanHours .... Cost .~,Complete . Cost
16 668.00 0~, 00.00
8 334.00 O~ 00.00
32 133.60
80 3,340.00 O~ 00.00
16 668.0D O~ 00.00
mm mmmmm m m mm mm
IV .Ftnanctel Plan
16. 'Cost ;ttmtes & Revenue
17. Economic FeastbJJtty
18. Financing & Leasing
TOTALS PHASE IV
MiscellaneoUs
:Printing, RePrOduction
Travel .. Per Diem
22. t/fnd Rose -
ReJmburstble
23,_..Graphics.
24. Conunun. Partlc. & Goals
2s,.Stud~ _,_Design &
Assoc, Costs .
26. Admtn; Agcy. Co-ord.
TOTALS PHASE
v
8 334. OD 25~ 83.60
24 1,002.00 O~ 00.00
· 1 825 OD 20~ 366 O0
24 1,002 · OD 20~ · 200.40
32 1,336. O0 16~ 200.40
32 1,336. O0 O~ 00.00
128 5,344.00 16~ 601.60
400 $18,525.00 $1,784.50
GRAfJD TOTAL
r
P~:ogress to Date'
g Complete · ,C_o
1004 668.06
}00~ 334.0~
lOOg ~1,336o00
'100~
100~
3,340.00
668.05
100~ 334.00
$ 334;'0D
00.00
1,642.50
961.90
1,202.40
100~ 1,336.00
95~ _6,076,80
$10,209.60
$16,889.60
KEP.IAI ~si'~N(2[[ I MASI I:~ PLAN
Au:g~=t lO, 1978
~.ionlh: June 1978
F;m~ : The ~ic~rc!~, ~c';c~es
%.oject Work Elements-
Pha:c I Airpor~ Rcqulrem.en.~s
2. Forecostlng
· 3. Airspace Analysis
4. Demand Capacity
5, 'Facility P, equhements
6, Envlro, menfal & Noise
TOIALS PHASE I
Phcse II Site Selection
Phr,~a I!1 .~[~.t~?rt Plans
~0~-Airport La y0u~lq~n
! I. Lend Use, Access Plan
12. Te~lnal Ar~ Plan
13. Airspace Utll~zallan Plan
14. Obstacle, Cl~r Zone Plan
~O?ALS PHASE III
16. C~,st Esgmmes & Revenue
IF, Economic F.slblllly
18, Financing & L~slng
TOTALS PHASE ~
~ale V Miscellaneous
~0. PrlntlnD~ Roprogucflon
~3. C~ophlcs
24. CGmmun. Forgo, & ~lS
25, Study Design
26~ Admin; Agency ~ood.
1,OTALS PHASE V
1'oral Cost
M. en Hrs. Cost'
40 I, 082.00
8 216.40
32 865.60
320
Nat In Kenai Study
80 2,164.00
288 7,790.40
112 3,029.60
16 432.80
16 432.80
· 8 216.40
48 1,2e8.40
- 4,000.00
· ' 4,850.00
96 2,596.80
152 4,111.60
40 1,935.60
80
P~ogr'~,: Ihls Month II Progress to Dote
0
0
0
10~,
0
0
0
0
1002
0
20?,
2~
0
0
$ 0
0
0
865.60
865.60
0
0
0
O.
432.8q
432.80
0
1358.52
1625.00
519.36
].027.90
0
0
453O° 78
5829.18
1002
IOOZ
lOOZ
lOOZ
90~
]OOg
lOOg
1002
100~
0
IOOZ
100~
100~
1,082.00
216.40
865.60
8,655.94
~10.819.94 -
1.967,60
7.790.60
3.029.60
632.80
432,80
]3.633.20
0
1,608.52
&,850.00
2,~66.96
&,111.60
1,935.60
17,028.48
41,698.02
£STI:.~TE OF ~:0~*~ I'ROGF-~SS l~:O CO~TS ~;CURRED
}loach. June 1-30, 1978 ~.mP., lng.
.... ToCa~ Cosc ~ Progress Ch~ ~onch
R~ Hrs. · Co~c ~ercenC Coaple~e Cost
Zuveaco y , 128
Focecasctnc 13&
~tspace ~al~s~ ~
.~g~ ~q~eu~ 256
~~uc~ 'S ~o~a .. 32
2~ ~E Z 600
a Z~' SI:ce Selecc~.o~
F~eM :r~vesttllaC~.on~
%~Y~,SFHASE ZZZ
.Total ~roRres~ to Date
~ercenC Co. np le t_e ~
6,807.60
· -312 9,182.00
0 0
· 0 0 1002
2p~ ~ 237.~& 952
$ 237.&4
0 0
0 0
0 o
0 0
o
0
10X
0
737.50
0
233.44
970.94
$1,208.38
Dev.elo~nen~ Fro~rmn ~52 ~20.X6
~s~ Estates & RGvenue 136 3,20~,88
~c Feas~b~cy . 176 5,123.36
FimcinS · Leastn~ 192 4,06qc80,
~fln~tns, ~producC~ofl ~ --
·ravel, Per D/em · ~ ' 7,375.00
aind ~se -
:~~able ' ~ 233.00
~soc. Costs 72
~O~ALS Flb~SE V
G~ TOTAL 18792
0
1o~,
100~
$ 3,416.
890.4
402.2~
8,o74.2l
6., 467.2i
8,782.2~-~
90~. 2,886.1f
90~ . 3t65~.7~
0 0 ~
90X 6,637.5(
233.0(
100~,
90~.
3,728.4(
_. 2
~13 ..9_.~. 9:
$54,730.6(
t.,TORK ELEHEflTS
Sm
Fo'recasting
Atrspace Analysts -
Demand Cal~actty
Factllty Requirements
Environmental & tiotse
TOTAL PHASE !
Z! Slte Selection
'8. Stte Evaluations
9. Alternatives & Recomdns.
Plans
11. Land Use, Access Plan
12. Temtnal Area Plan
t3. Atrspace Utilization
Plan
14. Obstacle, Clear Zone
Plan
tV Financial Plan
17.
18,
Cost Estimates & Revenue
Economfc Feastbtllty
· Financing_& Leastng
TOTALS PHASE IV
V' f4t scellaneous
20, Printing, Rep_roductton
'21. Travel, Per Diem
22. Htnd Rose-
Reimbursable
23. Graphtcs
24,- * Commun. Parttc. & Goals
26. Study-Design &
........ Assoc. -Costs
26. Admtn: Agcy. Co-ord.
TOTAL PHASE V
GRAND TOTAl.
ESTIHAI'E OF UOP. K PP. OGRESS A;li) COSTS IfiCURRED
KEflA! AIRPORi' HRSTER PI.Afl
Period: July 1978
Summary
Pro~ect Scope .progress this month
Han hours Cost '~ Complete Cost
· .. 144
32.
: 24
*. 288
384
5,166 0% 00.00
3,359 O~ 00.00
1,224 O~ 00.00
402 O~ 00.00
8,940 O~ 00.00
10,703 0% 00.00
$29,79~ 00,00
328 $ 8,972 6~ 656.78
368 11,130 O~ 00.00
128 3,698 O~ 00.00
48 1,620 O~ 00.00
...~ ~ 4~ 59.36
160 $ 4,637 OS 00.00
144 3,541 4~ 160.34
176 5,123' 6~ 266.17
193 5'/, 203.04
96 $ 3,3§1 OZ 00.00
D.C. 4,000 O~ 00.00
D.C. 14,050 1~ 91,26
Progress t5 Date
~ Complete ,, Cost
IOOS 5,166.32
100~ 3,359.37
10~ 1,224.40
IOOZ .402.24
100~ 8,939.84
100~ 10,70Z-~
'$29,795.15
100~ 8,971.60
100~ 11,130.40
10~ 3,697.60
100~ 1,620.00
100~ ~
4,415.64
3,380.52
4,867.19
3,86_7.76
$16,521.~[1
~ 00.00
40~ 1,608.52
94~ 13,221.25
D.C. 233 (g 00.00 100~ '233.00
120 3,599 5~ 179.94 10~ 3,698.80
232 6,848 O~ 00.00 96~ 6,574.11
144 7,000 OS 00.00
288 ~.~842 O~ 00.00
'B-8~ ~'¢d,9'~'3' $2H.19
IOOZ 7,000.00
3,528 $123,159 $1,606.88 $114,826.10
t~ORK ELEHENTS
ESTZPATE OF' I,JORK PROGRESS AND COSTS ]HCUR,RED
KENA! AIPJ.'ORT FIAST£R PLAN
· P~rlod: ,.luly 1-31 1978
Fin, : TRA/Ferr
Pro~ect Scope Progress this m~nth P_rogress to Date
,14an Hours Cost ~ Complete Cost ~_..~_~plete Cos
] Requirements
2. Forecasting
3. Atrspace Analysts
4. Demand CanaclW .
5. FacJ11ty ~equtremencs
6. Envfronmental &Notse
TOTALS PHASE S
16 668.00 O~ 00.00 100~ 668,00
8 334.00 0~, 00.00 100~ 334.00
32 ~ O~ 00.00 lOOg 1,335,00
~ O"~'OG , $2,338.00
11 Stte Select, on
8. Sfte Evaluations
9. Alternatives & Recomdns.
IS! Plans
11, Land Use, Access Plan
12, Temtnal Area Plan
13. A~rspce Uttlfzetfon
Plan
PHASE Ill
80 3,340.00 O~ 00.00 100~ 3,340.00
16 668,0D O~ 00.00 100~ 668.00
IV .Ftnancfal Plan
16. Cost & Revenue
17, .Economic FeasfbfltW
18, Ffnanctng &Leastng
TOTALS PHASE ]V
V MiscellaneoUs
p g
111,, rtnttng, Reproduction
Travel, Per Diem
22, #lfld Rose -
Retmburstble
8 334,00 O~ 00.00 100~ 334,00
~' ~ ~ 334.00
24 1,002.00 O~ 00.00 O~ 00.00
-- 1,826.00 5~ 91.25 96Z 1,733.75
23. G~bfCS . 24 1,002.00
:24~' Commun. Partfc. & Goals 32 1,336.00
25. ~tudj~ - Desfgn &
'; .... ASS~C'~' 'CoSts ' · 32 1,336.00
Admtn; Agcy. Co-ord. 128
~44.00
TOTALS PHASEV ~ ~
mm mm m m mm ,mm
50.10 100~ 1,002.00
00.00 90~ 1,202.40
O~ 00.00 100~ 1,336.00
o~ 00.00 95~ ~
$T4'~' $10,350.951
GPJ~dO TOTAL 400 $18,526.0D $141.35 $17,030.95
/
1:51 I,".'.", it. I. Ji' '.'/:)It.'. J.I;(')C:. "ti A~.If)C','), ~;~ tl,:Cf!i,~:;~. L)
I, r:i,.~AI ,Mk?C,-?, l I.,:/* $1 [:R PI. Ah~
A,-:,m~ lr),
Firm : I'h~ l,'icJ~ard;~n A~so¢iates
P,oj~ct Vlo, k Elements
Total Cost
Man Hrs. Cost
Pilala I Airp~,t Re?luiremenls
'-J~. invenlory
2.. Farecasting
3, AJrsFnCe Analysls
,.
4. De~u~d Capacity
5, 'FacJlily R~ubemenls
6. Envlronmenlal & Noise
TO~ALS PHASE I '
Phese II Site ~lectlon
Ig. ~irpOrt byout P~n
I I. Land Use~ Access Plan
12. [enninal Ar~ Plan "
13. Airspace Utllizotlon Plan
14. Ob;lncle~ Clear Zone Plan
TOTALS PHASE iii
H~ase IV. Financial Rlun
~16, Cosl Estlmat~ & Revemue 17. E~nomle F~slbi Ilty
18, Financing& ~aslng
TOTALS PHASE IV
~ase V MJscella~ui
19.-Publ~ H~rlng -
· 20. Prlnling~ R~mdueti~
il. Tmvel~ Fer Die~
22. Wind Rose
23. Gmphles
24. Con,r,~u,. Padle. & ~ll
25. Study Dedgn
26. Admin~ Agency, Caord.
T~ALS PHASE V
GRAND TOTAL
40 1,G82.00
8 216.40
32 865.60
320 8,656.00
Net in Kenol Study
80 2,164.00
288 7,790.40
I 12 3,029.60
16 432,80
16 432.80
~ 1i 3~-~ 849.60
216.40
' z 6.4o
48 1'~298.40
- 4,000.00
- 4,850.00
96 2,596.80
152 4,.111.60
40 1,935.60
80 2,164.00
~ ~0,9.~6.40
1336 $45,842,40
PreOr,,~$ thi~
% Co?p Cc;!
, 0 $ 0
0 0
0 0
0 0
10~. 216,40
0 0
0 0
0 0
0 0
216.~0
0 0
0 0
0 0
0
52 129.86
0 0
0 0
0 0
~66o26
Progre0s to Date
Comp Cost
100~ $ 1,082.00
lOOg 216,~0
100~ 865.60
IO0~ ' 8,655,g4
100~
100~ 7,790.&0
100~ 3.029.60
100~ 432.80
100~ 632.80
13,849.60
100~ 216,60
216.40
0 0
0 1,608,52
100~ ~,850.00
100~ 2,596.80
100~ 1~935.60
95Z ..~05~.80
.17,3.58,32
~2,o44.26
o
AJ~rspac& UC~J~zaCton
/28 30&lG.32 0 0
236 30142.96 0 0
24' 890,40 0 0
24' 4O2.24 0. 0
256 8s074,24 · o o
~ _711.04 0 0
600 16~637.20 0
· 248 6,807.60
m · elm
'~Pbmca~le,"Cle~r 'Zon~
' 'PIa~
~rog~an 152
Cos~, Est/n~ces & ~veuue ~6
~g Feasibility . .176
~S ~E ZV 656
: Pr~cinS, RepraduKtion . --
VZ~ F~se -
b/cburs~Xe · ~
~un. PaCC~c. & Goals 48
--Sc~7 ..... ~s~* &
~soc. Costs 72
~; A~cy. Co-o~d. ~
CRA.'qD TOTAL
1,792
aoc. .'Zce= Scud '
32 .1,2.87.20
~,420.1G
3,206.88
5,123.36
4t060.80
· ~6,811.20
0
52
"7;375.00
233.00
1,~00.16
3,728.40
2.334.40
26,162.00-
0
$58,792.40
3~0.38
59.36
$ 399.76
0
160:3A
256.17
203.06
619.55
0
0
0
0
$1,019.29
ToteX Progres~ to
~=~rcenc 'Compi~'ce'
IOOX $3,416.32
[00[ 3,412.97
100~ 890.&0
I00~ 402.24
100~ 8,07&,2~
100~ 711.0~
$16,637,21
~* .. ~. i- ~.**£~*'*:
:. ':.. ~..:j:.
1002 6,807,60
100~ !, 187/20
100~ !.187,20
~9,182~00
952 4,199.24
95~ 3,046,52
95~ 4,867.~9
95X . 3 857,76
$15,970,71
0 0
90~ 6,637.50
100~ '233.00
90X .1,260,11
100~ 3,7~8.40
90~ 2~100.9G
~13.959,97
$55,749.89
ZGvee~o~y 128 3,~G,32 O
ForecesCiu~ 136 3,Z~2.96 O
Af~space AnaZysLs ' 2~ 890,~0 O
:z~~ ~q~n~ 25G 8,074.24 · 0
· ~o~n~'& ~e ~ _ 711.04 0
~ ~ Z 600 16;637.20
ZZ Sloe S~lect:~.on
~/eld Zuves~aarJd~ns
S~ge Evaluar/ono
Atgpogg L~your Flau
* A~rspace Urll/z~c~on
268 6,807.60 5.~
32 ~,187.20 o~'
· -,~a~J;e, ~Clear'2one.
~. .- .
. D~e~9~n~ Frog~ 152 4,~20.16
~ Es~Ceo 6 R~venua 136 3o~6.88
~a~ F~slb~l~ry . .176 ' 5a~3,36
. F~~ & L~u$ 192 ~060.80
~ ~E zv ~ ~,~.2o
' FuM, tc Hea~.ug 2~ 'l~091.0&
: Fr~tc~8, ReproducCion ....
' ~ravel, FeE Dt~ · ~ * 7~37S,00
g~nd ~se -
bi~bugs~le . · -- 233.00
~soc. ~sts 72 3,728.~
~n~u; A~cy. C~ord. _.80'` 2,334.A0
~A~ F~SE V . ~ 16)162.00.
D T~AL 10792 $58,792.~0
0
0
0
0
0
0
0
0
0
0
3~40.38
59.36
$ 399.7~
0
160~3~
256.17
203.0~
619.55
$1,019.29
Pe~rcenc co_~ple~~ ~
100:; $3;416.32
100~. 3, ~12.97
100;; 890. ~0
IOOX ~02.24
100~, 8,07~. 2&
100~, 711. O~
$16,637.21
· . ~ :. ..,~ .... ..
100~ 6,807.60
100~ 1,187.20
1002 1~18~.20.
$9,182.00
952 4,199.2~
95X 3,0~6.52.
95X &,867.19
952 3,857.76
:$15,970:~1
0
90X
100~,.
90X
100~:
90~
0
6,637.50
233.00
1,260,11
3,7~8.~0
2,1.00.9~
$55,749.89
KENAX AIRPORT ~TER PLAN
Progress Report
T.A.P., Incorporated
Route 2, Box B
3lSilaggerCy Lane
Bozeman, tff 597X~
June X-30, 1978
On June 29th, Jeff Benesi of TRAand girth Sorer of T.A.P., were in genai
to officially present the ~0ascer plan study in draft form Co the City of
Kenai and the Advisory Comtttee.
~e consultants briefly re, is-ed the planes principal findings and the
,mi;eps.accomplished.in.the overall.planning process, Those present then
had the'opportunity to offer comments on any aspect of the plan or
conclusions,
Attendance.aa smlX, and most of the remnants centered on isoues dis-
ctmaed in previous meetings such as federal fvnding availability and the
d~sirabiliC~ o! sugSested float plane basin improvement. Concerning ne-
issues, there vas considerable discussion of the use st space bec,sen the
terminal ~d the ~e~bu~er scrip co the south, proposed by the master
plan to be leased aa FBO apace. ~ncern vas expressed relaCive Co the
gosstbXe need for chis space fo~ a~Co parking and possible taxiing conflicts
betwe~O aircratC a~ iCi~anC at,craft pa~ked on the camp t~ediaCeXy
Co the vest,
~e plan is n~bein8 revised in response co co~encs ~rom the City, the
~vtsory Conitcee, the F~ and ochers. In ~der co a11~ the ~blic a
sufficient ~po~Cunity to revi~ the plan, the dace of the pubXic hearth5
viXX be either August 2, or AuGust 16. ~is viXX be Cbs final scheduled
~eci~ for ~his study, aed final printing vtlX follo~.
The attached statement for $1,208.38 reflects T.A.F. progress in June, which
brings total estimated completion to 93 percent.
KENAI AIRPORT MASTER PLAN
Progress Report fi14
T. A. P., Incorporated
Route 2, Box B
315 Haggerty Lane
Bozeman, MT 59715
July 1-31, 1978
During July, the master plan was undergoing review. In response to
Input from the sponsor, revisions to the Airport Layout Plan were made.
A public hearing Is scheduled for August 2nd. Jerry Ernst and Jim
Monger will be at the meeting to respond to any questions or concerns
about the.plan raised b.y .the.public.
Following the hearing, final revislons will be made. FAA~s official comments
are also expected during August.
As of July 31st, T,A.P.es Involvement in the plan is 95 percent complete.
A statement for $1,019.29 Is enclosed.
KENA! Allll'Otrf r. JASTER PLAt4
PROGRES?, REPORT ~15
TRA completed all. the text and final graphics, with the exception of the ALP,
for the Naster Plan. The text and graphics ~ere printed in draft fora and
sent'to the City .of Renal and FAA. The public information meeting vas held
on Thursday, 'June 29, 1978. At that time, Rltch Secor and Jef[ Benes/ gave
8 brief presentation o[ the Naster Plan~ ansi;fred questions~ and took
fr~ the public.
.!
'KENAI AIRPORT ~IASTER PI.AN
PROCRESS REPORT
The Draft ~aster Plan for Kenat~nictpa! Airport Report is being reviewed by
the City and FAA. ZRAcompleted the drawing of the engineeredAirport Layont
Plan. The public hearing is mheduled for Au~dgt 2, 1978. Jerry Ernst from
T~A~nd Jim tlon§er from. TAP wiX! be present to answer questions and take cgm-
merits,
~lB At. ABKA ~c
City of Kenat
P.' O. Box 580
Kensi, Alaska 99611
Invoice #22478-R
August 30, 1978
ATTENTION:
Ross Kinney, Finance Director
Keith Kornelis, Public Works Director
INVOICE FOR RHI~URSAB~
Surveying services for the month of July per McLane 6 Assoc.:
EDA #07-51-Z6998 ..... $3,6ZS.00 · St -
BDA #07-S1-26997 .....
1,20S.00 4. St ' 1,265,2S
$4,830.00 4. St ' $S,071.S0
TOTAL DUB .... $5,071.50
Ted Forsi and Associates
107 West Sixth Avenue· Suite 205 · Anchorage, Alaske 99501 · |907) 274.9617
Mr. John Wise
City Manager
City of Kenai
P.O. Box S80
Kenai, Alaska
Subject:
,I,T¥ CL£AK r..,J
99611
Monthly BiZltng for Work Completed on Fifth Street
and Spur Highway Waterline Projects.
Dear Mr, Wise;
This past month we completed the preliminary field surveys for
desisn o£ the above waterline projects. Please accept this as
our monthly billin$ for work completed on the project.
$ Man Survey Crew S.T. 33.0 hours
3 Man Survey Crew O.T. 14.0 hours
Ted Porsi, Principal 3.5 hours
Meals, 'Travel, Misc. 'expenses
Vehicle 4 .days
$ 95.00 $3,135.00
12S,O0 1,750.00
SO,O0 175,00
297,20
40.00 160.00
Total Mount Due this Billtns
$6,517,20
Please feel free to contact us if you have any questions re-
larding this billins. We thank you for your prompt attention
n this matter.
TJF/crw
Sincerely,
ASSOC
TED FORSI A~D ~AT~S,
·
Ted J Forsi
Principal
Engineering · Planning · Suruegiflg
iCENAI PBNINSULA BOROUGH
AGBNDA Fell'THE REGULAR ASSBNBLY NBBTING
SBPTP~ER St 1978; 7:30 P.M.
BOROUGH AD#INISTRATION BUILDING
P. O. BOX 850
SOLDOTNA, ALASKA 99669
-AGBND'A-
Assmubly
A. CALL TO ORDBR AND ROLL CALL Douglas 9
' BXson 10,67
B. PLBDGB OF ALLHGIANCB AND/OR OPBNING CBRILqGHY Fields 9
Fischer 9
C. SBATING OF NI~ ASSBMBLYN~BRS (none) Hillo 10.67
Long 9
D, AGBNI)A APPROVAL McAllistbr 11
NcCloud 7. S
B. MINUTHS: Ausnst IS, 1978 ' O'Connell 9
0'Reilly 10.66
P. OROINANCB itHAItlNGS Amass 9
Caupbell 7.5
(a) Ord. 7.8- 3_7 ~.,_A~__?di_nan. c_e .Re..vi .si~. 8 C~_ apt~r Cooper 10
* Corr 9
Crow ford 4
Davis 9
(b) Ord. 78-46 **An Ordinance to Rezone the
Subd~vision Enown as Kaknu Earners from
Rural Residential to Suburban Residential'*
(c) Ord. 78-47 **An Ordinance to Bstablieh ·
_~e~..zon~.f Map of the C~ty of Seward to
Kaz, act Anend~ants and Changes in Zoning
Classifications nd to Supercede tho City
of Seward Zoning Map of the Year 1962'*
G. INTRODUCTION OF ORDINANCHS
(m) Ord. 78-42 **An Ordinance Rezonina Block
~rd Hill Subdivisions. Ctty of
· Soldotn8, from Unclassified to Cosnorcial
District**
(b) Ord, 78-S3 "An Ordinance Auen~ing Chapter
s;~o o~. tnb Borough Code .Pertaining to
tho Sales Tax**
H, PUBLIC PP]SBNTATIONS (~tth prior notice)
I, CO~94XTTHB .RBPORTS
"Cook Inlet Air Resources (Davis/Long)
ODUP (Fischer) .
IiiPinnce (atlle/Cooper/Crawford/Fields/McCloud)
SOlid Waste (Pischbr/McAl'lister/Cooper)
Roads and Trails (Davis/Cart)
Sales Tsx (Douglas/Cooper/McCloud)
J. MAYORtS RBPORT
it Census Results
Port Chatham Logging Company
Payments-in-Lieu of Taxes and Refuge
Revenue Sharing Act (HR 8394)
(d) State Land Selections ·
(e)
Lower Cook Inlet Offshoro 0il Report
AGENDA FOR SBPTEMBER $, 1978
Page
K. SCI~L CONSTRUCTXON REPORT
(a) Furniture and Equipment Lists for Seward
High SchOol and Homer High School
L. OTHBR BUSI~mSS
(a) Res. 78-9S "A Resolution Nominating Certain
L-~tn the City of Sold. Cna For
Conveyance from the State of Alaska"
Res. 78-99 "ARonolutionAp_provt~g a Job
DescrApttGn, Mlninumqueliflcations for
_llmploymont, ~ a Salary Range for the
Position of Comptroller"
(c) Res. 78-100 "A Resolution of the Assembly
o~t Peninsula Borough Establishing
Various Benefits for Permanent Employees**
(d) Res. 78o101 '~ResolutionAuthoriztns
~of the Balance of the Kenai
Peninsula Borough School Warehouse Grant
Funds for Asphalt Paving** and Memo 79-18
(e)
Res. 78-102 '~ Resolution Accepting the
LOWeSt Bid and Awarding the Contract'for
Design and Construction of. the Bear Creek
Fire Service Area Fire Station to WelXs
Built Hones, Inc. madMen. 79-17
Res. 78-103 "A Resolution Authorizing a
contra~t with the Chugach Council of
Fire to ~rovtde Recreational Services ~n~
s Recreation Program in Tyonek, Alaska~ as
Part of the Recreational Services of the
North Peninsula Recreation Service Area*'
and Memo 79-20
(g) Eel. 78-104 "A ResolutionAuthorizins the
_~_ertain Borough Patented Land to
osmsr ocean Specialist at Its Fair Market
Value to Be Used for a New Facility in the
Borough's Fishing Industry" and Memo 79-19
(h) Approval of Election Judges for October 1978
(t) Waiver of Penalty and Interest (Reynolds)
(J) Waiver of Time for Filing for Exemption (Cab.ness)
(k) Extension of Time~ payment of taxes (Smith)
C1) Tax Adjustment Requests
MAYOR ANDASSEMBLY: COtO~HNTSAND DISCUSSION
PUBLIC PRBSBNTATIONS
INFORMATIONAL MATERIALS AND REPORTS
(a) Minutes
School Board Agenda for Sept. 4, Ne~s in Brief,
Aug. 21, School Board Minutes for August 7, 1978
AGBNDA FOR SBPTRMBBR S, 1978
rase $
EPB Plannins Cotsission, July 28, May 8, May 22
EPB Plat Coonitteo, July 17
OBDP Comlittee, Ausust 10, 1978
Htktskt Fire Service Area Board, August 9
So. Peninsula Hospital ServicoAren Board, July 19
Bear Creek Fire Service Area Board, Aufust 4 ~ 22
~ndJuly 12
North PoninsulaRecreationService Area, July
(b) New Liquor License (Hotel-.Motel)
(c) Correspondence ·
Letter of ReslSn~tton, Bert NcAllister
Ctty of Honer Res. 78-71 re Sales Tax
Letter from City of Soldotna re Fire Dept.
Foster ~ Marshall Newsletter
P. NBXTMBHTING:
September 19, 1978, 7:30
~ I~NAi CITY C¢~U:;('II, - REGULAII MEETING
.~r,~-' AT:Gl:ST I(~, 1978 * I: OOP..',! ~
~'x~ KENAI PUBLIC ~AFETY ~UILDI,dG
J~LEDGE OF ALLEGIA~qCE
A, ROLL CALL
AGENDA APPROVAL
B. HEARINGS
Ce
De
I. Ordinnnee 425-78, increasing estimated re%,enues and appropriations in the amount of $50,400
for wlateri~.ntfon or the Airport Termlrmt Building, Proje~ .~o. 07-11-02029
PERSONS PRESENT SCHEDULED TO BE HEARD
I. Mr. Da]ton ChUd8 - Relative m Section 36 lends
9. Mr. Ed Selby - Request for sewer for Assembly of God Church
MINUTES
i. Minutes or the reguls~ meeting or August 2, 1018
OLD BUSIHF, SS
1. Lease or Af~ [.e..nd__s - Tee~ro Alaskan Petroleum Corporation, Eno.
9, Discussion - Os'ass Strip Lendin8~ Area end Float Plane Basin - Kenel Muniuipol Airport
9, Discussion - invoices received relative to sable ems on Redoubt Way ~ Airport tYay
4. ~ Aviaries * lees· orAls~ert lends - requb:emeut far surveying, platting i appraisal
G. m BUSlNI~SS
!. Dills ~ bo paid - bills to be ~tJfled .
9. Approval of requisitions exceeding S$00
$. Resolution 7e-133, relative ~o ~he ~eje,A~ion orbids for yaM·leo
4. bsSluffon 78-154, re~ommendinf mat eeflaln alleged pubJJo nuisances be abated end
~ettJng a date for publle hem*fag in the mette~
8. Resolution 70-135, wfthdrswinf City lands r~om lease stems ro~ proposed Kenoi Clvfe
0, Resolution 78-136o tronsforrinf funds wJtMn LP~ projects rot, Male engine·rial easts
~, Resolution 78-127, transfer or funds br the purohase of ~an~*tbing equipment
9. Resolution 73-138, transfer or funds rot, freight easts or narogen ·humber
9. Resolution 78-130, transfer* or hnds to encumber, e~timnted espying easts FY 10~6-70
10. Besolution 16-140, transfer
I1, Resolution 78141, uwm*d or petroleum predu~ts toFerlous companies
U, Dls~usslon - opening to entry or Beaver Creek Subdivision
D. Sheffield House - elalrns for damafes incurred b,/water/sewer problems
t4. Dissuasion - renegotiutfon requests by Cases, Peninsula elto'ion
!~. Pa,/Estimate - l~ekf~-d Corporstfen
H, REPORTS
I, City MennS, er's Report
9. City Affomey's Repofl
O. Mayor's I~pofl
4. City Clerk's Report ..
8, Fin·nee Di~eeto~'u Report
i, Plenninf t Zeninf Commission's Repo~t
~, Peninsula Borough Assembly's Report
MAYOR & COUNCIL - Q~BTiONB
J~gRSO~qS PRESENT HOT SCHEDT:LED TO BE HEARD
ADdOURHMENT
KENAi CITY COUNCIL o REGULAR MEETING
AUGUST 16. 1978 - ?: 00 P.M.
KENAI PUDLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
ROLL CALL
Present: Betty GlJek, Ron Moisten, Vincent O*Roilly, Dan t~'helan, Phillip Ab,r,
and Edward Ambarian
~.bsent: Tom Aekarly
AQBNDA APPROVAL
Counell opp,,eyed the addition of item G-IS, Payment to Rockford Corporation
BEARINGS
Ordinmee 4Z5-79, Winte~zetion of Airport Terminal Building
~ayor O'Reilly read Ordinance 425-79 by title only. "An ordinance of the Council of
the City of Kenai tnereastn~ estimated revenues and appropriations in the amount of
$§0,400 for the winterization of the Ah. port Terminal Building, ProJeot No. 07-11-02039.'
r.~M~yor. O~Reflly~opened the~heariu~ ~o ~he publi~, '/~here was.no.c~nunent.
~MOTION:
. Mr. Selby was not present
D. MINUTE8 ~
Counoflwoman Oliek moved, se,ended by Councilman Malston, for adoption of Ordinance
49`$-78, increasing estimated revenues ~nd oppFoprietions in the amount of $50,400
the winterization of the Airport Terminal Buildin.
Motion passed u~_~!~_flualy by mi1 ,all vote.
PERSONS PRESENT SCHEDULED TO BE HEARD
Mr. Dayton Childs - Felative to Section 35 lends
Mr. CMlds wes not present
Mr. Bd Selby *- request ro~ sewer extonfdon to the Assembly of Ged Church
Minutes of the refulm' meeting or August 9., 1978
Counollwoman Ollek requested the followit~ ~orrectfons be made to the minutes.
AUGUST 16, 19780 Pa~e Two
Page 4 - change comments by Mr. Gerald Sibley -" ....... the area adjacent to the
Terminal end would reoommend retention of the area as fl buffer zone.*'
Page 12 - vote on item G-lO should indicate that Couneilmfln Aber was not present for
voting.
Page 15 - City Clerk's Report - under comments by Councilwoman Ollok add the following:
#When the City started advertising in the Clarion, it came out on Thursdays and some-
times Wednesdays pt'seeding the meeting of Council,**
~he minutes stood approved as corrected.
E. CORRESPONDENCE
None
F. OLD BUSINESS
Lense of Ah'port leeds - Tesoro Alaskan Petroleum Corporation, Ina.
Mr. Wise recommended approval of the lease and the City would prepare a new page
one without items (a) and (b) crossed through and have Tesoro initial the newly prepared
ih. st pa~e.
Counollmee Malstou moved, seconded by Councilwoman Olick, for approval of
lease of Office 8paee No. 10, Terminal Building, to Tesoro A!~_*ken Petroleum Corporation
for a tet*m of one year at the montMy rate of $148.20.
Motion. passed unanimously by roll ooll vote.
F-2** DJasussfee - Swass strip landing 'area and float plane basin '
Mt*. Wise presented a proposed sketch of location of a 8TESS landing strip on the Atrport
and fbrther advised that the FAA has reviewed the proposal and though they felt thi.~
was Just a basle review and would have to have a-specific proposal before final evsiuaflon,
they felt that suggestion #1 is most acceptable for a f~ass strip and did not favor #2 as
view of the Float Plane Basin may be ob6t~;dcted. Relative to the Float Plane Basin, the
FAA did requiee that the trees be cleared to allow unobstructed vfewinK from the Tower.
Counellmm Ambm*ian stated that the major objection in the work session was that the
lWOpased I;000' strip would be too short fo~ utilization of a ski a~ea. Councilman
Ambm*lan ~ stated that' peFJuLp8 U~ .the flFst.2,,O00
"aonsideeed far uae as a ski plane landfn~ azea, Councilman Abor stated that the
would have to be maintained and controlled daily.
Mayor O*Reilly, with Council consent, Opened the meeting to the public for their comments.
Gerald Sibley - reminded Council that consideration must be Liven to parking for
the aircraft.
AUGUST 16. 1978, PP4~e Three
Steve Sgi~er - questioned the FAA favoring l~rOp~al #1 as aircraft would be
vJrttmlly landing over the taxiway and l~Ir. W~dj~r asked for further clarification of tho
ma~tor from the FAA before final approval.
Bob Bielefeld - stated he would favor proposal #2 for safety features involved.
After Council discussion on the points raised which included Councilman Aber*s
suggefttJon that eonsideratian bo ~iven to plaeint~ transient tic-downs close enough
to the Terminal to provide easy aeeessibility so, therefore, Councilman Abet suggested
moving proposal #2 to the south and to the west to be more compatible.
Ill
MOTION:
Counaflman Ambarian moved, seconded by Councilmen ~lalston, that the CI~' present
a in'oposal to the Federal Aviation Administration to include a location for the ~ass
and ski 5L~ip parallel to runway #1 and the threshhold of the strip to be in line with the
threahlioldof runway ~1 with mairttalned ski access to the present FBO areas.
Counailman Ambm. fm inquired if funds were available foL, anFveyfr~ of the proposed
8Tess strip and. wes advised by AdmJnis~stfon that there were funds available ..
MOTION - AMENDMENT
Counotlman Ambarian moved, seconded by Councilman Whelan, to amend the motion to
anthax~e the City Man.er to proceed with the survayiT~ of the proposed area.
Motion passed unanimously by Foil esll vote.
MAIN, AS AMENDED
Passed unanimously by roll esll vote,
MOTION:
Councilman Ambarfm moved, seconded by Councilman-Whelon, that. the City ~4anaget*--
be authorized to submit a proposal to the FAA that the Float Plane Basin area be
~d and that the published useable length allow for the proper slope at the north
and south ends and tho City Manager develop the east for (,'leaFing the area of trees,
Mr, Who requested authorization to have the aFofl properly om. vexed to aid in his request.
MOTION - AMENDMENT
Councilman Ambarim moved, seconded by Councilman Whelan, that the surveyor
....... dolr~ the work on the pFoposed gz*es8 strip provide necessary fnfm'matlon relative to
the Float Plane Basin. -
Motion passed unanimously by Foil call vote,
MAIN, AS AMENDED:
Passed by MB call vote with Couneflman Malston voting no.
AUGUST 16, 1978, Page Four
F*3: Discussion o invoices received relative to cable cuts on Redoubt Way & Airport
City Manager Wise recom~e, nded that the project pick up the costs incurred for the
repah' of the cable on Redoubt ;':ay.
MOTION:
Councilman Malston moved, seconded by Councilman Ambarian, for approval of payment
to William lt. Hin~ichs in the amount of $1,324.46 for repair of cable cuts.
Motion passed by roll call vote with Councilmembers Glick and l~lalston voting no.
Airport Way cable cut - Mr. Wise advised that the engineers feel this is the responsibility
of the contractor as the contractor was supposedly aware of the location of the lines.
MOTION:
Councilman Whelan moved, eeeonded by Councilwoman Glick, that the b, ill for costs
incurred in the repair of the cable on Airport Way be submitted to the contractor for
payment.
· Councilman AbeF stated that he was given a different stow as to the responsibility of the
cable cut and would like to further research the matter. Councilman Whelan stated that
as the City must rely on the reports of the ent~ineers, the City should proceed without
further delay,
QUESTION:
.Motion.passed by ~oll call vote with Councilmembers Ar~berian and Aber voting no.
OF-4: AFL*tie Aviation - lease of. Airpo~ lends .....
Mr. Wise repot*ted that the City had received a lease application from Arctic Aviation
for lease of the a~ea in the vicinity of Taxiway A-3 and in front of the CAP facility.
Mr. Wise fm. ther repotted that the concept has been approved by the FAA and would
appraisal to set the lease rate. Mr. wise aavtse~ tiler me t'lannmg ~flJJJJJJJf, C~Of, Vf,& ]tm
also reviewed the request.
MOTION:
Councilwoman Oliek moved, s~onded by Councilman Amberlan, to authorize the City
Menages* to proceed with the surveying and appraisal of the area as requested by
Arctic Aviation on their concept lease application, -.
MOtion passed unanimously by rob call vote.
NEW BUSINESS ~
Bills to be paid - bills to,be ratified
MOTION'.
Councilwoman Oliek moved, aceouded by Councilman Whelan, for approval of bills to
~l~ be paid and items to bo ratified as submitted by the Finance Department this date.
. Motion passed unanimously by r01l call vets. '
A~GUST 16, 1978, Pat~e Five
Approval of requisitions exceeding $500
MOTION: ·
Councilwoman Gliek moved, seconded by Councilmen I~lalstou, for approval of
requisitions exceeding $500 as submitted by the Ffnflnee Department this dote.
Motion passed unanimously by roll call vote.
0-3: Resolution 78-133, rejection of bids for vehicles
City Manager Wise reported that exact quotes could not be submitted from the various
firms due to the 1979 prices not being available as yet and would, therefore, request
Council rejection of bids received and authorization to rabid in accordance with
receivin~ 1979 prices.
Mayor O'Rellly opened the meetinf to the public on Resolution 78-133, rejection
bids for veMeles and there was nO comment,
MOTION:
Councilwoman Gliek moved, seconded by Councilman e~alston, for adoption
Resolution 78-133, rejection or bids for vehicles.
Motion passed unanimously by roll call vote,
~ltfOTION:
.,~..~, Councilman Ambarfan moved, seconded by Councilwoman Glfek, that the rebfd should
· include that a 1978 vehicle would .be acceptable'far the Fire-Department.if-bids are.so-
submitted,
Motion passed unanimously by roll call vote,
· G-*4: Resolution 78-134, Public lquisaflees ........
Mayor O*Reflly reed Resolution 78-134, by title only. 'A resolution acknowledging
receipt of a reecmmendstion by the City Manager that certain alleged publfa nuisances
be abated and settin~ a date for public hearins in the matter
Mayor O*Reilly opened the mcetinf to the publi~.
SandFa Vezot - stated that she had received two notices from the City relative to
alles~ed rmtsances on property that she and her hsuband owned and stated that.one of
the parcels in question was an "abandoned house troffer" which in fact is not true
............ as'Mrs; Vezot stated she is payin~ utilities on the trailer and it is presently occupied.
Mrs. Vezot stated that another notice wes regardin~ an abandoned backhoe and camper
'. top and these items were being stored on the property and were not useless and abandoned
.~ items, Mrs, Vezot further suf~i~ested that a committee be appointed by Council to
· ~ review the situation as in relation to Junk materials end general public nuisances
as it pertains to the City in its entirety.
AUGUST 16, 1978, P~ffe Six
Ed Garnett - representing Carl tlsller stated that .~,Ir. llaller had received a notice
on a parcel of property located northwest of the "C" Plaza and .~fr. Garnett advised
that Mr. Hailer had "ffrandfathor rights" as his alleged nuisance is his business which
was established prior to incorporation of the City. l%Ir. Garnett stated that he would request
Council deletion of Mr. Hailer*s property.
Calvin (luandt submitted a letter of protest as he does not feel it is a valid complaint
as Mr. '(~uandt stated there is some question in his mind as to tho zoninff of the area
in which his parcel is located
Cat~en Ointoli stated that ho understood that the present zonfr~ ordinance provides
that businesses such as Mr. Haller*a should have a site obseurin~ fence around the
perimeter of the property, e
As there was no further public comment, ?.~ayor O'l~eilly returned the meeting to the
Council table for action. ., .. ~ . .
MOTION:
Coun,~llwoman Glfek moved, seconded by Counefhafm ~alston, for adoption of
Resolution 78-1340 public nuisaneas
Councilman Whelan requested an attorney*s opinion relative to l~r, llaller's property
and alleged nuisances as well as the equipment heine: presently used whteh ia now · ·
stored on the Vozar property and deemed an "alleged public nuisance". Councilman
Ambarian stated he would acres that the items in question are not the only 'nuisances"
in_the City and suggested that the City prepare a schedule for a.City*wids.eleanup.. .
of such alleged nuisances. Counl~flwoman Gliek commented that the City has started
takinl: action on Just some of the alleged nuisances which were brought up at the Planntn~
Commission meeting as violations of the zonin~ o~dtnanee and Counctlwoman.Glick stated
that she felt the City should proceed with eleanin~ up of the City on the whole.
MOTION:
Councilman YJhelan moved, seconded by Councilman Maiston, to table Resolution 78-134
...... until such time an opinion r~om the City Attorney relative to the various areas in question
has been submitted to Council for review.
Motion to table passed unanimously by roll call vote.
Resolution 78-135, withd~awinf~ City lands from lease status
Mayor O'Reilly x, ead Resolution 78-13S by title only. "A resolution withdFawinp:
lands f~om lease" and opened the meetin~ to the publt~. There.was no ~omment.
City Managei, Wise advised that he proposed to withdraw Lots 1, 2, 3, Il, 12 and 13
of Block 2, Fidalgo S/D, from eliL, ibility of lease so that these lands may be held for
eansideration as a possible site far the proposed Civic Center.
~MOTION:
Councilman Malston moved, seconded by (Iouncilwoman Olick, for adoption of
.... Resolution 78-135, withdrawing certain City lands from lease status consideration.
Motion passed unanimously by roll. call vote. ._
AU43UST 16, 1978. Page Seven
G-6: Rseolution 78-136, transfer of funds
Mayor O*Rellly Feed Resolution 78-136 by title only. "transferring monies within the
Ah, port Drive Paving Pfojeet ($1,088) and the Redoubt Way Paving Projects ($783) fop
the purpose of providing basic en~neering costs that are not eligible far EDA reimburse-
merit.# Mayor O*Reflly opened the meeting to the public. There wes no comment.
MOTION:
Councilwoman 43lick moved, seconded by Councilmen l~lalston, for adoption of
Resolution 78-136, transfer of funds within the Ah, port Drive and Redoubt Way Paving
LPW Projects,
Motion passed unanimously by roll call vote.
G-?: Resolution 78-137, transfer of funds
Ma~or O'Reflly read Resolution 78-137, transferring monies within the 1978-79 General
Fund Budget in the amount of $352 for the purchase of transcribing and dictating
equpment ~ which the leases have not e~pfFed.' It~ayor O'Retll~ opened the meeting -
to the public. There was no comment.
MOTION:
Councilwoman Glfek moved, seconded by Councilman l~l~lston, for adoption of
Rgsolution 78-137, transferring monies in the amount of $352 in the General Fund BudF, et.
/,~ '"MOtion passed~ unanimously'by roil'call vote.
Ci-8: Resolution 78-138, transfer of funds
Mayor O'Reilly Feed Resolution 78-138, tFansferFing funds within the General Fund
Budget in the amount or M01 for freight costs of the nitrogen chamber for Animal Control.
Mayor O'Reilly opened the meeting to the public. There wo$ no. comment.
MOTION:
Councilman Malston moved, seconded by Councilwoman 431tek, for adoption of
Resolution 78-138, transferring funds in the amount of $191 in the General Fund Budget
fOE* rFeJght coots or the JfltFogen ellambor purchase in 1977-78 Budget.
Motion passed unanimously by roU eau vote.
43-9:
Resolution 78-139, tranefe~ of funds
Mayor OtReilly read Resolution 78439 transferring monie& within, the 1078-.79 .. . ~ -.,,.....
OeneFal Fund BUdget Jn the amount of $2,380 for additional funding to encumber esttmatedt
copying machine costs for fiscal year 1978-79.~ ~Vayor O'Rellly opened the meeting to the
public and there was no comment.
MOTION:
Councilwoman Gliek moved, seconded by Councilmen Malston, for adoption of Resolution
78-139, transfer of funds in the amount of $2,3.80, copying.machine costs FY 1978-79.
Motion passed by Foil call vote with Councilman Whelan voting no,
AUGUST 16, 1978, Page £iffht
G-10: Resolution 78-140, transfer of funds
Mayor O'Reilly read Resolution 78-140, transferring funds in the amount of $38 within
the Parks Department Budget for purchase of small tools." Mayor O'Retlly opened the
me~ting to the public. There was no comment.
MOTION:
Councilman Ambarian moved seconded by Councilwoman Gltck, for adoption of
Resolution 78-140, transferring monies in the amount of $38 for purchase of sm. all tools
within the Pm'ks Depat'tment Budget.
Motion passed unanimously by roll call vote,
G-Ih Resolution ?$-141, sward of petrpleum products
Mayor O*Reilly read Resolution 78-141 by title only. "A resolution for awardinl~ Petroleum
PFodtYots to various companies as listed in the t~esolution" . ' --~
Mayor O*Rellly opened the meeting to the public. There was no comment.
City ~nager requested that Council add gem lube at $ .3?9/pound under award to
Chevron USA, Inc.
MOTION:
· ,,~4~meihaan,Ambartan,nmved, ~se~onded .by .Councilwoman Glick, for adoption of
Resolution 78-141, award of petroleum products to those companies listed within the
l~esolutton Including the award of gear lube at $.3?9/pound to Chevron USA, ~inc.. ·
Motion passed ummimoualy by roll call vote.
O-12: Dfsoussion - opening to entt~ of Beaver Creek Subdivision
Cit~ Manage~ Wise reperted that the City had received correspondence from the Borough
in which the Bm*ough advises that State Division of lands would like a re~ommendstion
concerning the open to entry of Beaver Creek Subdivision at the intersection of Kenal
Spin' and Beaver Loop, City Manager Wise stated ho would like to see the Clty*s
entitlement settled first and would prefer that no State lands be disposed of until the
Clty*s request has been satisfied.
MOTION:
- - '- Cmmoilman Amax, isa moved, seconded by Councilwomen (]lick, that the City of
Kenat hereby opposes opaninK of entry to Beavm' Creek Subdivision at this period of
.......... time end the City Manager Is authorized to notify the Borough aeoordinf~ly.
Motion passed unanimously by roll call vote.
O-13z
Sheffield House - claims for damages
City Manager Wise reported that the City. had received a claim from the Sheffield
House for damages incum, ed because of the water/sewer p~oblems incurred by the
A.UGUST 16. 1978, Page Nine
hotel which they allege the City is now responsible for -- Mr. Wise further reported
that he had responded to P~r. Sheffield*s letter advi.~ing that the r~quest wmlld bo,
presented for Council review but Administration would not ask for action at this time
but. would prepare a full report for presentation at the September 20th meeting.
Council so concurred.
(3-14:
Discussion - renegotlatfon requests by Cason, Peninsula Clarion & Thompson
Mr. S~hlereth advised that the City had received a letter from the attorney representing
the above lessees and Mr. Sehlereth stated he would like to prepare a written .opinion
for presentation to the Council and would suggest that the matter be taken up latex, on
in the meeting.
O-15: Pay estimate - Rockford Corporation
Mr. Wise stated that this was the final billing from Rockford and they have asked for
· the retatnage.fl~ure to be x.educed ~o approximately 2%. Mr, Wise stated ho'would ,' '
recommend complying with their request as he felt the 2% retainsge was more than
adequate.
MOTION:
Councilman Whelan moved, seconded by Councilman Abet, for eppx.oval of payment
in the mount of $82,320.48 to Rockford Corporation for work performed on the Water Tank
Project.
Motion passed unanimously by roll call vote.
REPORTS
City Manege~'s Report
(e).:. Mr~..Wise.t*eported that ttmdata o~the'l~ioose Range.burn,was available et City Hall.
(b) The City has also received a request from a citizen that the street in ix.ant of Pt. Kenay
be paved.
-(e) Mt*. Wise reported that the quote for appraisal of lands north of the Terminal came in
at $1,200.
MOTION:
..... C. ouneflman Ambartan moved, seconded by Cotmeilwoman Olfek, that Counoil authorize
the appraisal of the subject lands for a figure not to exoced $1,200.
Motion passed unanimously by roll call vote.
(d) Relative to the bluff erosion gTant request - the City has been zfven the opportunit~
to x'ebut the rejection,
AU. GUST 16, 1978, Page Ten
Mr. Wise advised that a new City Engineer had been selected and would begin work
August 21st. Mr. Wise also acknowledged receipt of the letter of resignation from the
Finance Director who has accepted a position as Comptroller with the Kenat Peninsula
Borough. Mayor O*Rellly .publicly seknowleged that the City is pleased to see
Mr. Kinney*s abilities are being recognized and the City of Kenai owes Ross Kinney
a great deal of gratitude.
Forest Drive - Bluff Area -- Mr. Carmen Gintoli, local architect, advised Council
that he'and Craig Frees and Phil Bryson had met with representatives of Carr-Gottstein
and have developed a conceptual plan. Mr. Gintoli outlined the proposed development
plan and reported that Cam.-Gottatein have indicated a willingness to aid in thb costs
inem, red in the project. Mr. Ointoli stated ho would make a preliminary design and cost
estimate to bo presented to Council for consideration.
City Attorney's Report
None
H-3: Mayor's Report
Mayo~ O'Reilly reported that a letter had been received from Polar Airways
whinh will be presented to Causes at the next meeting. However. Mayor O'Reilly
advised that Pola~ will be applying fo~ a permit for commuter service to Kenai and
have support from the Soldo~na Chamber of Commerce mai would request consideration
of su, l~port from the Councils of Soldotna and Kenat. Couneilmfln Ambsrinn stated that
in the past the City of Kens! has indicated support in concurring with lease of terminal
space aa proposed by Pola~.
Mayor O'Reilly reported that the Recreation Commission nominees have not all responded,
however, will have ratification at the next masting of Council.
Mayot'O*Reilly.advised that a meeflni[.o~ tha.Coun~i i. Planning. Commission members ,, :r , ,.
and Greater Kanai Chamber Board o! DireotoFs has been s~heduled rot ?: 30 p,m., Augnst 30th
at the Public Safety Buildin~ to discuss matters of int~est to all relative to the City of
Kenai,
H-4: City Cle~k*s Report
None
Finance Di~eetor's Report
None
H-S**
Planning & Zoning Commission Report
Councilwoman Oliek reported that cHUrl Hill had developed a manual on "Offshore
Oil Development in Lower Cook Inlet*' and a copy of the report will soon be available
at City Hall. Also, Councilwoman Gliek requested Council concurrence and direction
from Council in that the Planning CommisSion had passed a resolution declarinl; that tho
assistance of the Kenai Peninsula Borough Planning Department is both solicited and dosL~ed
by the City of Kenai,
AUGUST 16, 1978, Piige Eleven
MOTION:
Councilman Ambarian moved, seconded by Councilman .~lalston, that the Cour~o. il of the
City of Eenal hereby declares that tile assistance of thc I(en~i Peninsula FJoroui~h Plnnninff
Department and staff is both solicited and desired by the City of Kenni.
Motion passed unanimously by roll call vote.
H-7: AssemMy Report
Mayor O'Reilly reported that a dock and harbor study is to be conducted by a team of
consultants and it was determined that a committee would be selected from the AsseMbly
to assist in the study rather than appointments by the Borough P,~ayer. ~ayoJ, O'Reilly
stated he was opposed to selection of the committee as any member of the Assembly ~vould
be eligible to participate on the committee: however, he felt the Borough Mayor should
appoint individuals who would provide expertise and v;ould enable the committee to contain
a broader seuree of talent. Council so concurred with ~layor O'Reilly and the .~ayor would
return to the Assembly with his suggestion for reconsideration of the matter,
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
EXECUTIVE ffI~SSION
0_ Coun~lmen Ambsrisn moved, seconded Councflwornfln Gliek, tl~t the Kenat
by
City
Council
adjourn to private chambers for the purpose of,an exeontivo session to dismiss lease Fate
negotiations and the most recent letter from EPA relative to the City's fine of which these
matters may have an affect on the financial status of the City of Kenai.
· Councilmen Whelan stated that he felt going into an executive, session et this ti~e was in
advance of the need relative to the lease rate negotiations; Councilman Ambarian stated
that considering the fast that the matter has been discussed at two Council meetfnffs and
a work session, he would support the executive session as bein~ warranted at this time,
QUESTION:
Motion passed t~ roll call vote with Councilman Whelan voting no.
RE¢ONVENE
MOTION:
~-,' Councilmen lVlalston moved, seconded by Councilman V~helan, authorizing the Cfr7 ,~
~" .....Attorney to send a letter to the attorney for the lessees which are subject to ronogotiation~.
The letter is to state that the Council will meet with tho lessees and their attorney st a ~,
Special Meeting on Aui~uat 24, 1978 at ?: 00 p.m. at the Public Safety ~uilding to hear the.
individual lessee*s objections to the appraisal of their subject property,. ~
Motion passed unanimously by roll call vote, '
A.U. GUST 16.1978, Page Twelve
MOTION: .
Councilman Ambarian moved, seconded by Councilwoman Gliek, authorizing the City
Attorney to respond to i~PA*s most Feeent settlement proposing the terms most recently
submitted by the City end, in addition, the settlp, n~ent offer to be adjusted to $5,000.
Motion.passed unanimously by roll call vote.
ADJOURNMENT
'There bein~ no further business, the meeting adjourned at 1:15 a.m.
Respectfully submitted,
J Sue C. Pbter, City Cl~k
PltOI'OSEI) BY COUNCIl,MAN WllELAN
FOR DISCUSSION
CITY OF KENAI
ORDINANCE NO.
AN ORDINANCE OF THE COUIqCIL OF TIlE CITY OF KEIqAI, ALASKA, AMENDIIqG
ORDINANCE l~O. 400-?8 ESTABLISIlII~G POLICIES AlqD PROCEDURES RELATIVE
TO TIlE LEASE OF AIRPORT LANDS.
WHEREAS, Ordinance No. 400-?8 relative to establishing policies and prscedu~.es
for the lease of airpot*t lands was recently adoptod by the Council of the
City of Kenai, and
WHEREAS, said ordJnanoe revised the leasing policy to the City relative
to airpwt lands so thot City leases might be more attraetive to potential lessees
and thereby the financial position of the City, more partimdaFly the City
airpoE, t, would be enhmeed, and
WHEREAS, ~et*taln other minor revisions in the leasing poli,~ are needed
to further perfect the revised City leases,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI a8 follows:
1:
~I,0S,040 R~hta Prior to Leasing
should be amended to read as follows:
The filing of an applieatlon for a. leese shall give the applicant no tight,
to lease or to the use of the land applied for,. Lease Fates are eubJeet
to ehen~e on the basle of on appraisal done eve~ six months on the
pFape~ applied fOL*. .-
Section 2:
~1.01i.080(2) should be amended to read as follows:
Reali,~lng that investors, developers and other potential lessees need
a ~easonable assu~anoe of stability in future lease rates, the redete~-
minatton clause of ail futu~ leases shall include the following language:
eat eaah five-year interval, the fair market value shall
be determined by qualified independent appraisers. The
redetermined lease rate, annual rent, under this provision
shall be limited to a fifty percent ($0%) increase in the
prior lease rate until the 30th year anniversary of the lease
after which no cap provision shall apply upon each §-year
redetermination until the end of the term.
21.05.080(4) is amended to read as follows:
e
The redetermination clause limitation outlined in Section
21,05 o080, Item 2, shall not apply to any lease unless at
the next preceding redetermination period the lease rate
had actually been redetermtned. In those lea~es where the
City had failed to redetermine the previous lease rate on
a §*year basis prior to September 6, 1978, those leases
at the option of the lessee may be redetarmined at the next
S-year redetormination period on the basis of the 1975
Property Appraisal performed by the City on the lots in
question.
ATTORNEY*S lie PORT
SEPTEMBER 6, 1978
!. RESOLUTION PERTAINING TO PUBLIC NUISANCES
At the last Council meeting I was asked to present a written opinion as
it cqmcerned the Council*s consideration of Item G4 on the Ausust 16,
1978 agenda relative to Resolution 78-134 recommending that certain
public nuisances be abetted and setting a date for public hea~ing in
the matter.
Specifically the question I was asked to look into was whet constitutes
a public nuisance within the purview of the City OFdinanee so as to permit
the Council to take action in abatement.
Chapter 12, Article 2 of the Kenai Code empowers the City Council to
abate certain public nuisances. Sixteen items in that scetion are enumerated
as nuisances that may be abated. That section reads aa follows:
In adsiiflon to other public nuisances declared by other sections
of this eerie, the following are hereby declared to be public nuisances**
The sale OF offering for sale of unwholesome food oF drink
or a place where such sales or offerings are made;
o
The sale, offering for sale, or furnishtug of intoxicating liquor
in violation of the State law or ordinances of the City, OF a
place where intoxicating liquor is sold, offered for sale, OF
furnished in violation of the State law or ardfnanees of the
City~
The exposure, display, sale, ct; distribution of obscene ~
pictures, books, pamphlets, magazines, papers, documant~'
or objects, or a place where such are exposed, dlsplayed~ -.~/
sold or dlstributed~ ~-
A place where persons gamble, whether by cards, slot machines,
punch boards, or otherwise;
A pla~e where prostitution, illicit sexual intercourse, or
other immoral a~ts ara practiced~ ' '
A place where activities in violation of State law or ordirmnce
are carried om
The public exposure of a persor/hevin~ a contagious disease;
IIII
Tile continued making of loud or unusual noises which
annoy persons of ordinary sensibilities, or the keeping
of an animal which makes such noises;
The operation or use of any eleatvical apparatus or machine
which materially and unduly interfere with radio or
television reception by others;
10.
Any use of a street or sldew~k or a place adjacent
thereto which causes crowds of people to gather so as to
obstruct traffic thereon, except as may be authorized
by law or ordinance;
11.
All ditches, drains, wells, pools, cisterns, bodies, ce
containers of wamr in which mosquitoes breed or are likely
to breed, or which are so constructed, formed, conditioned,
o~ situated as to endanger the public health ox' safety;
12.
Rank weeds or grass, carcasses, accumulations of
mantwe, refuse or other thinks which are or a~e likely
to be breeding places for flies, mosquitoes, vermin, or
disease germs;
18.
Any building or stx, ueture which is dangerous to the public
health or safety because of damage, decay, or other
condition:
14.
Any pit, hole, ox, other thing which is so constructed,
formed, and/or situated as to endanger the public
IS.
Any fifo or explosion hazard which endangers tho
public peace, health, safety, oF welfare; and
i.e.
Any occupation ox, activity which endangers the public
peace, health, safety, morals, or welfare.
A quick glance at this oedlnanee indicates that it is directed at abating
the nuisances that may pose a threat to public health and safety.
Cleaely, what eon be abated ate ony activities or conditions on property
which may pose a health OF safety hazard to the public. This would include
otoFa~e of any ox'genie garbage, dilapidated struatm'es which may fall
down harming individuals, pits or holes which may cause inJm*y, eta.
As it oonceens the nuisances claimed to exist in Resolution 78-134, it
would appem, that Paral,,raph 15 of the ordinance was relied upon in
ststfn8~ that "Junk vehicles, misc. debris, and materials, and abandoned
trailer, camper tops, and backhoes' all constitute a nuisflnee in that
it is an activity; namely, the collection of Junk items which would endanger
the public peace, health and safety meral~ and welfare of the community.
The imminent danger with this classification is that the City must be careful
in its allegations as to what constitutes "Junk" requi~ing action under
the nuisance erdinanee.
The testimony of Mrs. Vozar indicates that the abandoned camper top and
backhoe are not Junk items but are items of personal property stored on Mrs.
¥ozar's land which according to her testimony, she pays property taxes
on. By the same token, what was alleged to be an abandoned trailer aecordin.g
to Mrs. Vozar's testimony, was in fact an occupied trailer. It is clear that
these items cannot be classified as nuisances under the ordinance.
By the, same token, the alleged nuisance on Mr. Haller's property being
ndse. Junk is stated too vas~tely for purposes of enforcement. As to the letter
~om Edward L. Garnett, attorney for Mr. ilaller, points out, Mr. Hailer
is operatinf~ a steel and iran fabrication business. It would not be wise for
the City to attempt to abate what it terms to be ~public nuisance" a business
operation which an individual has rights to operate pursuant to 8Tandfather
rights.
As it concerns Mr. Jaris:, the allegation is that the alleged nuisances are
abandoned vehicles. Under eertsin ch*oumstanees, abandoned "Junk" vehicles
may be canstdered a public nuisance, in the same regard as an old dilapidated
bulldinK on a piece of property is declared a nuisance - that is, its existence
poses a threat to the health and welfare of the community. (For example,
children might be entised onto a piece or vacant land whore an old Junk vehicle
is louated causing injury)
AS:sin, one seeking to administer this ordinance should carefully consider
the surx, ounding droumstanoes (i.e., whether the Junk automobile is located
in a properly authorized Junk yard) or if the alleged J.unk vehicle is really
someone's antique car in a person's backyard.
Thus, for the ordinance to be properly enforced, the item or items listed
so the public nuisance should be carefully enumerated, a photosTaph or
several photographs of the alleged nuisance should bo taken and then presented
st a public hearing before the Council, which would clearly indicate that
tho activity which the property owner is engaged in on the property would
andanger the public peace, health, safety and morals or welfare of the cemmunity.
A new resolution might be written forthose eases where the administration feels
that placement of items orJunk on property (i.e., abandoned vehicles) creates
a nuisance endangering the public health, welfare, and morals. Such resolution
should be supported by photographs, 1 recommend that the existing resolution
be defeated,
The following is a memorandum in response to the po~ition put forth
by the lessees through their attm'ney, m~ Thursday, Aui:ust 24~ 1978. After
shacking with Vern l~'rykholm ss it eoneaFns lessee*s arguments relative
to the appraisal, 1 incorporated Mr. Frykholm*s answers herein.
,POINT
Lessees argue that the land is not owned in **fee simple** but is encumbered
with certain rastTletions that make it faf less valuable to the City. These
enemnbranees a~e that:
I, The City cannot sell but eon only lease the land,
2, It is wo~hless if it cannot be sold,
3. It would be returned to the FAA if certain restrictions
wore not met.
4. These restrictions relate to air space, building height,
ets,
The airport may be enlarged which may deBTade the value of
the land.
,COUNTERPOINT
The City .does own this land in **fee simple** which was transferred
by quitclaim deed dated Desember 1, 1963. The land is subject to reservations,
conditions, and restrictions, which does not effect the value to the City o~.
lessees, A **fee simple" estate is. defined as an absolute fee~ a fee without
limitations to any paFtieular oleos of heirs or' restrictions, but subject to
limitations of eminent domain, escheat, psitoe power, and taxation.
AL#po~t land has been sold at "fee simple.' Sixteen lots sold between
October, 1964 to August. 1973. These were purchased with the restriction
a8 to air space, ets. The title Insurance which wes placed on this property
insured the City of Kensi es an estate in ~*fee simple** subject to the restrictions
as enumerated.
d
pOINT,
The Lessees argue that comparable sales is not a fair method of Judging
market value since there haven*t been many comparable stiles in the
COUNTERPOINT
The appraiser points out that there were several sales; namely, five.
over $1.00 per foot. These consisted of $2.00 per square foot in town, $5,00
in the vicinity near Glacier State, and a $4.00 sale on the highway (First
National Bank). In addition, Lot 136, Section 4 consisting of 2 acres (near
Roast Beef King) sold for $62,000 in June of 1977, and resold for $100,000
in 1970 (this works out to $1.17 per square foot) That same lot is on the
nmrket today and is listed at $225,000.
,POIN?
The lessees argue that the lease is vague end unclear as it pertains
to the renegotiation clause; that arbitrators ox, a court of law' would not know
how the parties are to geuf~e the fair market evaluation in light of all circumstances.
~.~ COUNTERPOINT
. The renegotiation provision of the leases is not vague or unclear, especially
when considered in light of the long term practise of the City and its lessees
in arriving at fab* market evaluation.
Applying principles of contract law, in interpreting this provision
'one' would examine the provision in. light of the whole eontraot~ eonstdar
generally accepted prastieea and standards that are followed in the commercial
sector as it concerns evaluation of leases~ and consider what the intent of
the parties were in entering into such an agreement by taking into consideration
their conduct under the provisions of the lease.
When considering the entire lease document in the Clarion and Thompson
matters, one san see that Paragraph 33, sets forth a standard to be followed
in reevaluating the lease:
**The BOard of Appraisers shall utilize accepted appraisal
methods and criteria in arrlvin~ at the determination of the
sum of the increase or decrease, if any."
What are accepted appraisal methods? According to our appraiser, the
City is utilizing the general appraisal method' that is commonly used in the
eommeroinl world, and, in feet, used by state and federal agencies who
lease land.
Those entering into the lease contract with the City or purehasinff existinl~
leases are presumed to have read the lease provisions and should have known
that the lease would be reevaluated at five year intervals on tho basis
of fair market value as that term is usually understood in the commercial
world.
Thus, for example when the Clarion bought their lease from Bullock's
Trucking in 1976, they should certainly have been aware of the rent redetet'mina~
tion clause contained therein; end should have been aware (if they examined
other av~i!oble City leased property at the time) that those Fates were based
on' a 1975 appraisal, whereas the lease which they purchased was based
upon an outdated rate.
feinT.
Lessees argue that other lots leased in the vicinity of the Clarion are
more of the nature of light industrial then commercial end therefaro are brin84ng
down the value of the Clarion.
COU ,TSa. PmNT
The appraiser points out that this is a light industrial area.
POINT
Lessees argue that on July 15, 1978 the City leased two lots n~or the
Clarion that were on the market since the subdivision began for 3.6 cents
a square foot.
COt qTS _a.l'OmT.
First of all, it would be more accurate to base the date of the leases of
which the lessees speak (l'eninsula Diesel) et the time of the lease applieatious
which is often many. months prior to the lease conception date. Acearding
to John Wise, the new lease rates ere presently based on the .appraisal performed
by Frykholm in 1077, The lease applieetiorm are made on the basis of those
appraisals.
The renegotlation provision of the existing leases contemplates a reevaluation
based on current fair nmrket value. The City base its new lease rates on
one year old appraisals of unleased land, but the 'ronegotiation eontemplatee
an appraisal on the five year anniversary date of the lease.
POINT
Lessees argue that in Mr, Cason's lease, his income from the property
falls far short of what the new lease rate would
_C_0¥ST .RPOI T
At the outset, the City objects to the utilization of an "income approach"
to redetermtning the 5-year lease rate. To allow for this would open a pandora's
box, where Council would be placed in the position of examining ~
lessce*s privatc business finaneea and deter~nina whether they can afford..
the rent, One can imagine the fiasco that would exist were Council is
ask every businessman in town who leases from the City to open his books
to see ff he can really afford the lease rate. For example, ugly questions '
might a~lse as to whether, apat, tieular lessee was utilizing a lease below its
capabilities to provide for an income tax write off for the present while holding
the property for the future when circumstances ~e ripe to utilize the leaseltold
interest to its maximum potential.
Such questions have no place here. The fairest way of reevaluatin6
the lease rates is according to the method which was intended, i.e., through
detemtnation of fair market value.
Cason might argue that the Arctic lease in July of 1977 was renegotfated
on'the basis 6f the ffintmme approach.** It is true'that Aretle's attorney arKued
the ltffflted income approach before the Council as one of many ar~umanto
Oust as the lesase*s attorney did). However, there is no indication that
the Cotincil considered that argument. The minutes of the July 6, 1977 meeting
indicate that the attorney for Arctic also argued that the land wes virtually
landlocked with no aeoese to taxiwaya except over other land or over a road
and ditch,
The only real restriction that the Caeca lease has that the other two
do not have is that the land must be used for airport support purposes.
Yet the wide range le~t open to a businessman to utilize the land for these
pul~poses, should not present a detriment.
Additionally, a review of the airport lands plat (and see the 1975 Hfllaa
appraisal sheet for his property - Block 4, Lot 1, General Aviation Apron)
indicates that the City initially made an etwor in computing the size of the
Cascara property. The Caeca lease describes the lot size as 28,037 sq.
ft., whereas the Hillas appraisal-set the size at 38,750 sq, ft.
4
0
POINT
Lessees argue that the City has been asking too much in the past for
the leased lands available and it is only since last year that lot~ are being
leased.
(Note) Lessees argue that since the 1975 Hales appraisal until last year
no land (sold) due to the hil~h value.placed on the lots by the appraisal.
Since the City does not ordinarily sell the lots in question (except pursuant
to requested releases from the FAA) and since the HJllas appraisal is geared
to setting lease rates based on fair market evaluation fox. rental l, urpo~os,
! assume that the lessees mean that no lands were .l.ease. d since the Hillns
appraisal until approximately last year.
C~OUIq~TERPOINT
The 1975 Hfllas appraisal established the fair market value for the leasing
of airport lands. Tlu'ough a formula, lot by lot, it preasnted a chart establishing
square foo~ lease rates allowing fat approximately an 8% return to the City.
The City Council by Resolution 76-04 adopted the chart for the
put'pose of establishinl~ future lease rates and renegotiattons.
Since the date of this resolution (February 6, 1975) until April 20, 1977,
27 ah'port leases have been entered into, an average of one lease per month,
Even though the economy of this m~es is touted as being slow dm, lng
these years, the City was not doing-too badly in leasing its land at fair -market. -
value with an 9% rstm'n on its investment,
The new lease rate is based upon a 6% return (established in 1977 aftra.
· tho first Frykholm appraisal). Thus,.the City through its independent procedure...
of establishing a rate of return has made the lease rate more attractive to '
a..~ new lessees and renewable lessees,
Lessees argue that they ate being penalt*.ed because the City forgot
to reappraise the leases at their last 6-year interval,
This does not seem to be a good argument sines it is to the Leseee's
obvious advantage that their rates were not tn. creased in the last 5-yeat
period,
CO, CLU,SJO ,
The City of Kenai received airport lands from the FAA on l)eeember
1, 1983 by quitclaim dead. Thst deed provided that the City could allocate
portiene of those lands for release to be uUli~d to leatm or sell. The FAA
Insisted on one condition; that the City in leaMng those land,, utllir~ the
tneomo to support the airport. Concomitant with that condition was the understanding,
standing that tho City receive a fair rate of ~'eturn.
Tho recourse that the FAA has if the City doe8 not seek a fair rate of
return on thin.property is a reversion of that land to the Federal Government
and loss of ADAP and other federally-assisted funding for the sirpot, t o
In order to meet this obligation (to obtsina fair rate of return) the City
has, over tho years, based its leased rates on appraisals of the propm~
(utilising standard appraisal methods) and taking a percentage of that value
as a fait* rate of return). The fair rate of return ts also based on common
commerJflal stsmdaFds utiflzed universally (t.e,, 8 to 8%). Eight percent
is not uncommonly obtained in government entities like the State and Federal
Government, The BLM obtains 8% on its lands, the City receives 6%,
Thus, the City by a long practice has established a formula that is widely
used and accepted; oatmes no friction with the FAA** 'that lessees san depend
upon (81nse it is so universally used), and which can be fairly applied to
,,all of ]he City*s lessees.
The m, guments set forth by the lessees are simply not tenable, but merely
attaok this time-worn method of evaluation without offoring a solution or
alternsttve based upon any accepted appraisal methods that can be applied
across the bom'd to all of the City*9 lessees,
~P0~BIBLE SOLUTION TOW.ARD,S' ,8ETT,L, EME, NT'
Whatever the Cotmoil decides as to a final solution of this dilemma, it
should respectfully bear in mind thett
(a) The City must obtain a fair rate of rettten on its proporty.
The City must act uniformly to all its lessees, in that offering
to compromise not based on fair market evaluation, may be in
itself a bre~mh of covormnt under the City*8 covenant to the FAA
not to discriminate in*its lessin~ of airport lands, smd might cause
disenchantment by other lessees who did not object to the lease
rate hikes,
One solution might be to ask tho attorney for the lessees to obtain his
own appraisal on the property, to see ir anothor.l~rofesalonal opinion would
differ from Frykholm.
- WI, W~.T,_4N .
COUNCIL MF, BTING
/
CITY MANAGER'S REPOR?
September 6, 1978
PUBLIC HEARINGS
1 Hearing on the transfer of the Foodtown Liquor license. The Clerk
will provide the data relative to that.
2 Nr Andj[Sarisky will speak about a zoning violation at the intersection
of Strawberry Road and the Kenai Spur. A Mr Brown has been repairing
campers in that area as a business. His radio advertisements and the fairly
large sign at the front of his property brought this to our attention, Mr
Brown was then contacted by the Administration and appeared before the
Planning Commission. The Planning Commission was undecided about the
proper course of action and had him file for a variance. At the ensuing
meeting a variance was"~ound to-~e inappropriate based on £u~ther research,
A Conditional Use was discussed at that time, The Planning Commission
had decided at the first meeting to provide some type of grace period
before the operation had to cease. The issue was again brought to the
Planning Commission and the Conditional Use Permit was also ruled improper.
Since that time Nr Brown was informed of the decision and urged to curtail
hie operations, It now appears that Mr Brown has done some additional
work as to signs, all in violation of the ordinance, The City Attorney
has recently written a letter to Mr Brown and will supply the details of
hie letter.
O,,~s~,Sandra,Voh~ar..~iLL.~iLsc. uss, Z,believe., Lilac Lane and the public
nui~ances. We a~e s'till waiting to get the contractor to complete his
work. Zt is ironic to note that the Vohzars have two lots in that area
and the contractor has deposited debris materials in the ditch line. ~his
means the contractor is going around that particular area of the ditch
due to the debris he has left there. Regarding public nuisances, the
area Mrs Vohzar has called attention to as City property with debris on it
has been examined and found not to be City property. This land is beyond
the municipal reserve that abuts the Vohzar property. A letter has
been written and included in your packet relative to that public nuisance.
0LD:BUSXNESS
4 Resolution 134 Public Nuisances now has the additional item of the
material on the land by t~ ~bhza~'s that allegedly belongs to the City.
The Attorney will have a report in this packet on the problem although
I am not at this time aware of the nature of the report. We will make
an i~speotion of all this property on the Tuesday or Wednesday prior to the
'meeting a~d report on any changes that have occurred.
'g .... At-r~or't Grass Strip and the Float Plane Basin The Council directed
appropria~' survey ~f the.fl~&t plane basin to determine the extent'of
engineering and construction that would be required to make tho basin
available for tower obser~ation. Malone Surveying .has been retained to
...~erepare a topographic map that would enable us to cross section and
termine the material. Incidentally, this is ~stimated to cost in the
ighborhood of $1500.
Be~tember 6, 1978 - page 2
~-~ A~rport Grass Strip and the Float Plane Basin continued
! have investigated the area designated by the City Council for the
grass strip. Perhaps this area should be reconsidered since there is a
ditch line at eithe~ end of the area. These appeared to be major
obstacles and major cost factors in converting this to a grass strip.
In conversations with Councilman Ambar£an, we decided to talk with Mr
John Arsenault, the Tower Chief, as to other alternatives available to the
City. Mr Arsenault recommended we proceed with the short grass strip
adjacent to the apron, following the FAA guidelines. This would be
strictly as a grass strip and provide, through snow control, a snow
area between taxiways A and B on the main runway during the winter.
We would leave portions of taxiway A snow covered to provide adequate
access for skiis. This would be a logical method of meeting all the
pilots' requirements. I have asked Malone Surveying to survey this
short tract adjacent to the airport and give us a plat on that.
Mr Malone was also requested to do the arctic platting. These plats
may be available this coming Wednesday and would then be presented to the
Council.
6 Ordinance 426 will be introduced for appropriating $5,000 to pay the fine
required by an~pA settlement. ' ......
7 Ordinance 427 will be introduced calling for a consent calendar. A
City~ublication called this to my att~n~io'~ ~s-a m~thOd for
.~pediting the meetings. I believe the ordinance itself is relatively
~Xete-a~-expl'ains 'that only routine ~tems-would be placed on such
a consent Calendar. Of course, the Council can ask for the deletion of
any item from the Consent Calendar for discussion.
$ Ordinance 428 will be introduced and provides for appropriation of
app~OximatelY-$21,000 of anti-recessionary funds. These monies will be
used throughout the City departments of Police, Fire, Clerk, Library,
F~nanoe, Public Works, and Water and Sewer. I believe that the distribution
is fair and there are a number of items that are' very important and worthwhile.
~ believe all of the items are appropriate utilization of the funds.
9 ~esolution 142 is a request for the Borough Assembly and Planning
Commissi~n ~hat any zonin~ actions be deferred until our comprehensive
plan is completed nex~"year. Further,'"'~he~ebolution requests that
no zoning occur without due consideration of the comprehensive plan which is
in the mill.
..10 ,Resolution 143 is a transfer of.funds within the
............. :well project to provide
~or e~6hgh money to pay fo~ the'a~it ~h~t has been.apProved by the ~DA.
ii-ResOlution 144 is a tra~sfer of funds within the,'terminal to provide for
doo~ repair ~or another glass ~or~' ~0met'tmes i ~e~pair getting any g'la~s
~emaini2~ in any of these doors.
THE CITY MANAGER'S REPORT
~eptem~,,,er 6~ 1978 - pa~e 3
~"L2 R~o~ nonde artmental funds for re at
necessary for ! believe there is adequate monies in the account forethe
update. There may possibly be some additional Justifiable requirements.
This would give us the ability to proceed with minor repairs without going
back to the City Council.
13 Resolution 146 authorizes Charlie Brown to si~n checks on behalf of
the~ity Finance Department as Acting Finance D£rector t~ lieu of Ross
Kin~ey.
14 Resolution'147 is requested by the FAA to authorize specifically
the~rant amendment for the fencin~ and runway lighting pro ect of several
years ago. As a part' of that proj~c~ we ~ad a grant to acqui~-adJacent
lands for the floa~ plane basin. We were stop~d and delayed on that
project, l~rch, ~f my memory serves, they requested We either do the
project'or ~end the grant. Their attorneys have now request~ a fo~al
resolution show~ng authorizat~on for my signature on such a grant amendment.
IS Resolution 148 was prepared at the request of Councilman Whelan relative
to th_.___eattendanceof__f_~epartment heads a_._~texecutive ~essions. '
16 Resolution 149 transfers funds within the EDA projects to provide
adequate funding 'to pay P~A'f0r ~Lane 'Surveying,s servi-6es. The bill is
included later in the agenda.
~Request for payment by CarmenGintollt
- . ho is tho architect on the
arctic doors for the airport termt~l. It appears in order.
15 Payment request by CH2~,Hill for the facilities,.plan for the Sewer'Trea~ment
'"Plant.' It appears in order.
20 Request for.payment by Ted Fofs/ who was awarded the engineerin c n
fO~ the ThompSon pa~'wateritne ~x~e--~ .... ~., ....... g o tract
aha appears tn order, enue waterline
21 Request for payment by PMA to pay ~-r.ane Surveyin~ for work done under
thekr o0ntract and the biZ1 appears
22 &pproyal of_a lease to Vestp Letgh for renewal' of the gift shop lease.
23.We have recently receive~ a letter from community ~nd Re tonal Affa
--re~ative to round th~e D~ eh~ Cc~al
Ou~. ap~l{cat~ons must b; postmarked no
acsnowzeage by the department. ! would like per~.tssion to proceed with the
architect fees for the civic center complex if the Council so a rove
a~o~her projects that we can develon tn th .... ---= ..... PP - ~.~nd
g gy ated.
September 6~ 1978 -pago ~
24 DiScuss the interJ, m modification of the Sewer Treatment Plant which is
~o longer req----~ed under the consent order-wlth EPA~" However~ ~he City
.~as invested some $15,000 to date. We have a grant from DFC for $30,000
and we could be expected to contribute approximately $20,000 to the project
to match the DEC share. Some of our expenses were not eligible for matching
funds.
The project had been bid'and those bids came in extremely high. We have
asked CH2H ~ill and the Director of Public Works to analyze these.bids and .
try to come up with a viable program. This would be done by either'deductions
or to make whatever necessary changes to the program to make it bidable.
However, before we go again for a bid, we need to be assured that the Council
will actually make the award once we have bids received. We have, at this
time, the opportunity of shelving the project. We do not want to go to any
expense at this time due to the waiver of the EPA unless the Council
specifically directs us.
25 The Gall~on Grader tran~mis~ion went to pot ~ome months a o. w
gon~ thr0u h a ~r - g e have
g ~es of gyratLons trying to buy parts and findin
~ansml~sions that will .et fit - . g replacement
and so on. We still are without use
?e gra er and eith wiZl prese.t an anaZysis of the situat on.
=o reeo~ve the situation by taking some firm stand and either i~curring
the necessary expense to repair the grader or purchase a replacement.
Hoping to find something by searching is not paying off for the City at
this time.
~~=u =~ receive a ~e==er ~rom ~ne Division of Lands stating that
.entire municipal entitlement-of the City of Kenai is~ 30 acres. We protested'
th~s a~d asked for a detaiied explanation of how this computation was made.
! have also asked the Borough Assessor,s office to do an analysis of State
lands withiu the city to ~ee if we can determine what our entitlement should
have been based on. The ~aw reads that ten percent of al! State unappropriated,
unreserved and so forth lands are the basis. ! do.know that the-two section ·
~:36'~s..werededtcated landsman'the mea~i'n~ of the"bili, H~'~ver, there were
certainly more than 300 acres of undedicated land in the City. I find the
3~aaore entitlement difficult.to believe.
27 On the 15th of August we had an appeal hearing with the De ut C
of
Co. unity and ieolonal lf--~-- ----~ ~-: "~-~ -. - P Y ommiesioner
..... ~ __ --.,o ~u~ ~n~ appizca~lon tot ~e_funds to
regenerate ~e Kenai blu£[."The points were made that the Department O~ Fish
anu Game was aoti~ well'beyond its area of legality in their comments which '
were felt by us to be inappropriate and improper. The Department itself alsb
di~ ~ot explain the rationale of their denial. As a result we were granted
.a~.addittonal 15 ~ays to 'file any further information.
· ~ aggrava=ea ~e eroszon. ! have
auggested that the grant amount be modified to fund a pilot project. ! have
no idea how the Deputy Commissioner will rule i~ this matter.
THE CITY MANAGER'S REPORT
28 Sheffield claim to linen and water dama~~ has boon referred to our
insurance carsick. Finance and Pu~lt6 Works are reviewing the allegation
of overcharging. We will have that report to the Council for the September
20th meeting.
29 As an'add on to the wg_ter a~d sewer project done by Pat Doyle, the
Council authorized four ~d~T~rk'~hydrahts, we-nOw h~ve Eh agreed
upon price from Mr Doyle, However, I have not placed it on the agenda
because I (1) do not have the.final billing for the water and sewer
project he has completed to date. We do not know exactly how much
we owe him and how much we have left in that category of funds,
consider the lift station renovation much more serious and we are
waiting on additional data there to be sure we have funds to have
freedom of action. While the change order has been signed by PiT
Doyle and recommended by the Engineer, ! have not placed it on the agenda.
Hopefully all these issues can be resolved on the 20th.
30 Capital equipment and improvements was deleted from the budget. The
Federal-gevenu~ Sharing mon~es to cover this type of expenditure. As
previously mentioned in this report, we have a problem with the Gallion
~.."'and need some direction from the Council, We will present to the Council
prior to the next meeting and in a separate memorandum, a list of the
several proJects which were deferred from the budget for later consideration
of approp~ation .of ~ede~al Revmnuo_Sharing. .We .do .need to move on the
O priority items in that area to insure that we are prepared to use the
money properly and efficiently.
$1 The Arctic Aviation ~ate has been attained and the bill will be
presented to the C6uncii f6~ approval by the coming Council meeting,
They have been notified that the fabric and the gate are available in
the City shop.. ! could not, as they requested, deliver it to their
a~ea since we do not have the equipment to omo,flu ~-~- ~-
32 Mr ~oe Ross has contacted us concerning the condition of Lup~
Road after basic completion o~ the road renovation ~ut there, l'have
e~out to the area and understand two of Joe's problems. 1) There
is a dent in the culvert which can be remoyed fairly easily. 2) Gravel
in the bank apparently was kicked up during the work. His main complaint
seems to be that the area in front of his house was well-graveled before
the project began and now he feels the quality is much less. ! have
asked Winoe-Corthell to look into what actually occurred in the area and
how-much gravel was there before and is there now so we can answer Joe
properly, Apparently part of the problem is the quality of the gravel
itself.
33 For some time we have been having problem with ~rtmrose where..ie
.~uns bet~e, en rlreweed and.~. Now that Fern is being worked on, we
believe we can reditch that section of Primrose and provide adequate
_.drainage. We'will also work over to a portion'of Firewood where Jim
~weEngland has apparently had problems with the water backing up by Fireweed.
will open the ditches as best we can and try to identify the old
,culverts that were put in when Mr Thompson originally subdivided the area.,
TBE CITY MANAGEReS REPORT
S_~e~mber 6~ 1978..~ paqe 6
33 Primrose continued There are supposed to be culverts there, but
these p~eSumably have been buried during the interim.
find and open these up rather than rip them out and replace them.
34 The air~~pro~ect has been presented to the F~although
I am not £a~¥- ~ith the details of it. Because o£ a funding lim~tation
the pro~ect ~as cut to a $97~000 pro~ect. The problem was the availability
of F~monies. $o ~hat ~e ~11 do is no~ to d~op any
but as.the ~o~k ~s put out to bid, there ~11 be deducts to ~nsu~e ~ha~
~e do no~ lose the ~hole p~o~ec~ at a g~ven ~ime. The F~ has given
~e the ~mpression tha~ they see no p~oblem on ~he au~ho~iza~ion o~ ~he
~unds. He,ever. ~hey ~ill require a feral request and proper iden~fica~ion
o~ the approaches and so forth. The State and local shares ~ill each be
app~oxi~tely $30,000. This means that there is a lessening of our.
contribution.
35- I ~ distressed to ~int out to the Council that, ~hile ~e have
~en calling Nr Galliot almost ~eekly requesting change order for the
p~house ~or the ne~ water storage tank, ~e have~-02 received them to
~t on the agenda. I cannot give an explanation except they are not here
and both Keith and~sel~ have tried to make ~ Galliot a~a~e oi the
urgency of our problem. There is~re than ~ust the pump house involved.
~e need to clean up that phase oi the pro,oct be[ore ~e move on to the
other pro,eot to p~opezly use the underrun ~u~a. .
G,~.BALDWI~
city of Kenat
P. 0. Box 580
Kenai, Alaska
gg$lX
Attention:
Bmie Sehleteth
City Attorney
My Clients,
3ack Thompson, Ray C~on,
Morgan/Sweat'inS:mt Pm. tneFsMp
De~r l~rr~e:
Thank you for ~lvtn~ me the oppoFtunlty to review you~ memorandum
to the City Coumdl. ~he followinf is my response to.the a~gvments set
in that memorandum. 1 will identity the pf~tieuler e~83tment to be zesponded
to by settbl~ forth Jn full the ~PoJnt' as you stated it in your memorandum,
TMs is done for the purpose or ldentifyin~ the arS~unent only. As will be seen,
! do not neeessez~ly esTee with the a~unent es it was restated.
POINT
Lessees ~gue that the land ia not owned in fffee simple" but Jo eneumbe~ed
with eertein mst~ietiona that make it fa~ less valueblo to tho City. These
enoumbFmees ~me that:
1. The City cannot sell but can only leto the land;
2. iris woL'thless if it eannotbe sold,
O. It would be ~etun~d to the FAA if eeffain ~estLdotfone were not met,
4, ~bsso rest~lotione felete to elf epa~e, bufldinf height, eto.
6, The ~ may be enl~fed wMeh nmy degrade the value of ~he lend.
I~SPONSE
The to~egoin~ is on ar~u~ate restatement of'my ~fmnent fn this ~e~ard,
City or Kenal
September 6o 1978
Pegs Two
except that 1~2 should read, "It is we. rrb .les. s ff it cannot be sold." My argument
was thee the restrictions on the use or the property diminished Its value as
comp .ared with other unrestricted parcels of properS. The actual estate which
the City owns is eeeeforized in the law of property es a "fee stmple determinableS.
A reversionary interest far condition broken lies in the federal t~overnment. The
ra~t that a title examiner et one point did net recognize this distinction does ~ot
make it less
The *'Counter, point" did not respond to the essence of my argument 0 which '
wes that the property in the hands of the City which is subject to the FAA
restricttorm fo less valuable then unrentricted property located elsewhere in the
Ci~.
P,om,
The Lessees argue tlmt comparable ~ales is not a htr method or Judgtng
fair market value alnee there haven't been many comparable sales in the ares.
RESPONSE
My ars'ument to the Counefl was that comparing fee simple land to the
rea simple deterndnable land of the City was net comparing land of equal estates
or ownersMp interests or equal value, end therefore resulted in comparing
apples with o~en~se. 1 eufsested that unless the appraiser couM come up with
some method by wMeh the htr market value of the City property as deeermined
by the eompm~sble sales approach could be discounted to take into consideration
the restrictions on use end owne~sMp pleesd thereon, then the comparable sales.
approach would not be helpful in detarmininf the fair market value of the property
in the hands of the City.
Tho Lommeeo ar~no that tho lease As vas~le end unclear as it pex~dns to the
renegotiation olause~ that arbitrators or a eotut of law would not know how the
parffes are to gau~e the fate market evaluation in light of all cfrenmstanees.
RESPONSE
The m. svment is made that when viewed in the lifht or the "long-tam
practice" or the City and its lessees in a~lvin~ at fair market cvaluatien or
leases st the expiration of a five-year renegotiation period, the renegotfstfen
City or Kenai
September 6, 1978
Page Three
provision of tim leases is clear. First of all. my clients are not convinced that
such a long-standing practise has been in effect. Seeondiy, ir it has been in
effeet, this long-standing prastioe is not being followed in this instance.
Thirdly, whether or not such fi long*term practise has been in existenoe is _~
JlTelevant unless the prastioe was known to my efient8 at the time they entered
into their respeetivb leases in 1968.
l'~m*ther disagree with the aF~nnant that the applinstfon of principles of
contrast law would serve to support the City*s position that the terms of the
lease require the City Council to receive, and require my client8 to pay, six
percent of the appraised fair market value of the fee simple absolute of the
prope~ in question. It is pe~eetly reasonable to assume th,t the Lessees, in
entering into the a~eement with the City did se assuming that their Fates when
nepfleted would approximate the Fates at whioh new lessees were being offered
land et the time or the renegotlation. It is doubfl'ul that in entering into the
~ontraet either the Lessees or the City offiofals contemplated that when time for
renegotintlon finally came, the Lessees would be requested to pay more than
· twice as much as similar "new" lessees were being charged.
POINT
Lessees 'argue that other lots leased in the vioinity of the Clarion ere more
or the nature of fight industrial than eommex~iai and therefore are b~nging down
the value of the Clarion.
RESPONSE
It i8 siS~flfieant that the appraiser ratios to in~lude in his comparables
used in appraising the Clarion px*operty, any prope~ which was leeated in a
light industrlel eras.
POIHT
Lessees argue that on July* 15, XO?8 the City leased two lots near the
Clarion that were on the markei since the subdivision began for 3.6 cents a
square feint.
.E~SPONSE
The argument didn*t state that the lots were on the market at 3.6 cents
since subdivision began. The argument did state that in 1975 the lots were
City of Kenal
September 6, 1978
Page Four
offered fo~ lease at 3.0 cents, and there was no tnteres.t expressed, if indeed
the lots were subsequently appraised in 1977 st 3.6 cents s square foat, then
the lets would have increased in value in two yea~s at a rate of twenty percent.
The administration would have ua to believe that sines 1977 the lots inoFeased
at the Fate of one hundred tidFteen percent.
POINT
Lessees argue that in Mr. Ceson*s lease, his income from the property
rafts fax* short of what the new lease rate would be.
RESPONSE
It is eoneeded that the reot~i,~Aono on Mr. Caaon's property limit the uses
even more savagely than those restrictions imposed on the other lands held far
lease by the City. It ts submitted that the inaome analysis approach is the only.
approseh wMah eon be used to adequately determine the value of this property,
An investor pm, chasing propex~y expects a oertain rate of return from his
investment. If the land use is limited, then obviously the potenff~l ineome from
.the property is.8~oin~ to be limited, and the fair market value is eorrespondingly
Iowex* than that of a similar but non-restrletod pare, el.
The aravment that the City Cotmofl didn't rely on the income approaeh in
seeing the lease Fate for AFotle'a property in July of 1977 appears to Ignore the
filets, There appe~s to be 8 vet*y Feel relationship between the income app~sah
used by Ax*efta and the eventual lease rate arrived at between the parties.
Obviously, the income apProaeh should not eonast, n itself with what a
pm. tinuh~ owner or property can make off the property, but what a reasonable
investor would expect to earn off the propm, ty in light of ell the 8um'oundin~
filets.
The a~gument set fox*th in the Counterpoint that the Festt, i~tfon on the
Cason lease "should not present a detriment~ sppem~s to aeeept as its hypothesis
that the implementation of restriotiorm upon uses to whiah land eon be put does
not afloat the value of the property, Hoperuny, the Coun~t does not aaoept ouch
an hypothesis.
POINT
Lessees a~ue that the City has been asktna: too mush in the past fox, the
City or Kensi
September 6, 19V8
PliEs Five
leased lands available smd it is only sJnse h~t year that lots sre beinff leased.
RESPONSE
Obviously 0 the Lessees a~e not blind to the met that lend has been leased
by the City between the time or the itJilas appraisal end the first Frykholm
apprsisei, Without rurthex* analysis Lessees m'e not in a position to accept the
,one-lease-per-month" figure. Even accepting such a fl~ure, however, the fast
FenmJnfi that until the recent 8pttvt of leasing a~ttvity the City wes in conteol of
ft large number of lots which under the then existing market conditions were not
marketable to prospeotive lessees. Since the leases have only recently become
marketable, one con only infer that the prise whioh the City wished to receive has
finally become fi pries which the Investor8 were wtllin~ to pay.
POINT
Lessees argue that they a~e being penalized because the City forgot to
Feapprfilf3e tho leases et thei~ lest $-ye~ interval,
BE, S, FONSE
Ho such a~ument was mfide, The Counofl was enuttened a~cinat attempting.
to penalize the Lefiases beeanas of en oversight o! fi p~dor sdmtnlsU, fition.
_Cq, CLUSION
The eonoluslon drawn by the memorandum is set forth in efipsulo form in
tho fix*st sentence of the final paFaffraph, whioh esse~s that "Tho srf~uments sat
forth by the lessees a~e simply not tenable". I have not spent my time and
energy and my clients' funds to pz, esent the Council with untenable aeaatmente,
Hopefully, this is the ex,~ttment of an advocate rather than the fidviee of fi
eounscioF,
lit the event the~e afc other at, ess of my presentation faf which you need
olfix, lfleation, pleaso contact me,
C. R, BALDWIN
Attorney at Law
CBB.* Jh
'I
I! ,I
Rich~d Ao [Dss, Chief of Poitc~
Sc~t-A~nu~l Police ~cttvity Report
,luly 19, 1978
J~tach~
of 1978.
0£ 1975,
is the ac~civity sumn~y for th~ first six ~ntis
For oe~art~ purposes the corresponding
1976, and 1977 are al~o reflected.
~ £txst 6 months of 1978 retlect the continuing trend
over the last four years o/~ in~reases in Part I property
cr:[n~. ~e mn hours required to respond to and investigate
these resulted in fe~r ~ ho~rs available to m~o~ tl~ other
zesponsibllities o£ the aqency. ~ additional manIx~er
~]utred in this fiscal yea:, c)n~ trained to l~.al procedures
and £antLliarized to the area should have a positive affect
in meeting sc~ o~ the deficiencies that have resulted [ro~
Sincere12~,
.qA.q/sb
This cato~ow of requital Police servicing involved the more serious areas
Of crtminal activity. ;% high proportionate number of Police manhour~ are
requixed in ~he in/rial and follc~-up investigations as well as the Court
t/m involved. Each of these cases can involve from sevorat hours to
several hurrlr~l manhours. 1976 and 1977 the Part I Crlm~s reported
aocountod for app~tely 9% of the Department's total calls. For t. he
~ period of 1970 thio ca~lozy aeceunted for 11% of the Department's
total requests for s~-vi~.
~ flxst 6 ~,~i~ths of 1970 re£1ec~__-a a 25% increase in Part 1 Crimes
~ ove~ t~ ~:~-t~ Eo~ c~ 1977 a~ a 51% tno~ease over the
sam period of 1976. 'lite mi~or increases not_~ hava ~ int he cateclo,:y
off ~gopez~y ca~.~es. 'l'h:i.s ~ssU01y i$ in ~:ela~t~msh/p to the increase in
Zt is thta category that z~/u/res a high ~ of manheurs as there are
rarely vltnesses to the cam~sion of the offense. Crt~as agatnst persons
geportl~ Assaults has deon~med~ possibly attributable to decrease in
par~, x ct:bras ~epo_rt. ect
~Tap_,m~, - ~uly
1975 1976 1977 197__..~0
I 0 0 0
0 0 0 1
0 I I 3
15 15 13 5
16 16 13 41
I 4 7 4
69 49 79 94
8 22 16 14
112 108 130 163
~l~_ st For ~er~ic~s
~ requests for services ~ist of citiz~ ~~ r~ests as ~11 as
~fi~ ~t~ (i.e. ~, D.C.' e~.). It ~s ~t ~1~ traffic
~f~c~nt ~nta~s ~ ~e refl~ ol~e. In 1978 ~ Part 1
~s re~ ~~ for 11~ of ~e W~I r~es~ for ~t~s.
~ ~ f~st 6 ~n~s of 1978 ~ ~e;~ ~ ~C of't~ts for
~s ~ ~e ~e~9 ~i~ of 1977 ~~ ~ 4%, ~ 27%
~ ~e ~ ~ of 1976. ~S isav~ si~ifi~t ~~ of
51% ~ ~e 1008 r~ts fc~ ~s r~r~ for ~is ~ 6 ~
~ ~ 1975. It ~ ~s ~_;]~tive ~~ ~ ~ ~t fo~ yea~s
~~ mr ~
1975 197~ 1977 1978
1008 1199 1464 1519
~ data teporte~ for arrests ~ in 1978 is r~t valid for co~o~ison
with the cortesponclin~ pertots of 1975, 1976, and 1977. ~s is due
to tl~ £act that a policy change was instituted in the latter part of 1977
-~that-di~*___r~ts tl~ ,truo .~i~a~.s. ~ ~ was initiated with cooperation
assistance and cooperation of the local llotacl'~mnt Co.arden. ~rzetiy
t~rrants, or State olv=~ becam~ the responstbilit~ of Judioial Services
t~tess otroumstanoes o; an in~ivld,t~ =ase diotate ~se II.P.D.
si~n the crlmi,~ complaints on caaes they immstigat~, leave them at the
~tothis policy, in that tim~ was saved that had been e~mded in atta~.tn~
contact the involved defendants. This does not preclude E.P.D. O~£icers
be im~ttatsly aw_!!~le during the amcse of other duties.
#lthout beca~g involved in a ve~ tt~ consuming ~ check o£ K.P.~.
oas~ £il~s, Ccitt £ilt~o, an~ Juttolal S~rvtz~ re~ords, it ~ould not bo
possibl~ to det~zdn~ ~motly ~o~ ~ ~s ~ handl~t in this mva~r.
it is ~ t~at a si!~i£i~ant .ino~.as~ in c~imtz~l ~!~s filet in 1978
~ prior ye_a_~s has tsk~n pla~e, 6wn though tho actual physical azz~sts
~-b~ ICP.D. O~£io~s ~ r~t rotleot this.
~ £ollowin9 ~igures only r~fle~t physical arrests ma~ by K.P.D. 0f£ice~s.
~ do not inolud~ attests ~ad~ as a r~sult of K.P.D. in~stigatio~s in
which warrants ~ s~ed in other ~uriadiotions, or as previously diz~ussed
o~ war~ants and process s~zved by tl~ Juticinl ~.rvtc~s branch o~
tho Alaska State ~oop~rs. ~or ~on$ pr~viously stat~t o~mparison with
p~ior years can not ~
Jan;,~_,%~ - Jun~ 1978
CNVI 23
AUIO ~ & JOtZ~DII~ 2
~ (FOZ~azy~ D.C. ~ 60
K.C. ~ ~'~
~ 147
.............. UTS
].378
- Violator ContaCcs
moxe partioul~tly the sicjni~tcant increaso in the pazt 1 Crime category
ard the mnhours ~equtxed in this catecjow', there has been £ewer manhou~s
available to the ~t for traffic en£o~oe~nt. This has zesulted in
a 93% 6__~_~_-e in tzaE£ic vtolato~ contacts ~ the first 6 nonths of
1975 and 1976. In 1977 a 27~ increase over 1976 was noted which is
p~tmarlly attributable to the acquisition o£ a more versatile ~adax unit
that is capable o£ operation while the patrol unit is m~ving. ~ith the
sicjni£tcant i~wease in Part 1 property crtm~s in the ftzs~ $ months of
197~ £ewer tra~£ic aaf~t manhours have been available which has
zesulted in a 15% deo~ease ~n violate' contacts. With the additional
aoquisition o~ additional ~ada~ equi~ for which ~rant f~ndi.~ has
~ requested th~ p~.sent sitmation should b~ t~m:owd on.
,~anua~ - Jur~
i97... 978
].058 1:340 1].66
'rra6fic
The number o£ a4VI arrests refl~ ~ tho f~st 6 nones of 1978 is
si~i~t ~a~ fr~ 1977.
~s ~ a re~t of ~id~
~ ~ ~ ~ ~~ ~t but
~r~ for ~ ~ ~ of 1977. ~ d~l~e ~ ~ on st.ght
f~ ~ol, ~ ~ M ~t ~ ~ si~if~t ~ the afar ~d-night
~t~ o~ 1978, ~e ~ fac~
~t~ h ~s ~. ~$ill
~ ~ ~ a ~t~ ~~ of ~si~t ~t for v~c~
1975 197{ 1977 1978
31 37 42 23
~ ~ 7 10 6 17
m,~a~fic
.X975 Xg76 1977.. 197,8
47 53 59 97
X97.._.~5 1976 ~ lg~s.
11 16 7 21
1975 1976 1977 1978
0 0 1 2
1975 1976 1977 1978
43,886 60,250 47,480 112,970
D~ing the ftzst 6 months o£ 1978 there ~as a s£gniftcant increase in the
number of accidents teporbed, l~ithout having the d~ta on conta~itive
t~:affio volmes fo~: th~ respective periods, ~hich is nob avai!_~ble, and
III
taking into account any difference in winter driving conditions for the
respective peria/s it would be difficult to analyze for a causual relationship.
It is felt theft the decrease in enforcement manl~urs available to t~affic
e~orcement had some bear/n9 on this, but to what extent is unknown. It
should be noted that six (6) of the twenty one (21) injuries
oocurred in a one vehicle roll-over accident. Both fatalities also occurred
t/l one ve2ttcle zoll-over accidents. In one of the fatality accidents
alcoho! was a factor in the vehicle operation.
Dtwhlg the period 1975 through 1978 there was significant economic and
po~,~-tton !mowth and activity in the local area. Durin~ this
the total demzds on the Depa~t increased si!mificantly as is
~eflected the preceecling report. As a result priorities of service provision,.
i.e. accident investigation/md property crims investigations, had to be
raised. In a__~!tion fca~r manhou~s being available for traffic enforcement
z~sulted frc~ this increased loadtng.
With the a/kilt!ch of t~o additional pexsormel in July of 1978, once they
are trained and familiarized to the area, it is anticipated that present
opera~ priorities can be maintained. In sores areas of responsibiI/ty
attempts will be made to taprove service l=OViSton over present levels,
i.e. traffio enact. The ahtlity to accomplish these 9oals will be
oonttngent on in~xeases in dfmmnds on service, and the nature of the d~ands
and mnhours required to ~et th~.
September 1, 1978
MEMO
TO:
FROM:
SUBJECT:
John E. Wise, City Manager
Keith Kornelis, Director of Public Works
What's Happening Report for City Council Meeting on
September 6, 1978
The Public Works Department is very concerned about this up-coming
winter season. We have a very poor situation in relation to our
City equipment and facilities. At this time, we only have one
motor grader that is operable, and if the situation remains the same,
we are going to have a considerable amount of problems with snow
removal this winter. Our old .Galion grader, that we have not been
..a~le.~o .f~Lmi.~arts .£ox,.has..a.bad .transmiss.ion .and should be sold
as is, where is in accordance with the attached letter. With the
'City ofKenai.being as large as it-is and.receiving as-much snow' :
as it does, we could keep four graders busy, and yet, we only have
one. We also hope to have approximately $$00,000 worth of new
equipment '£or-airport snow removal.' Unfortunately, this equipment "'
can only be used on the runway, thus giving us no relief for equipment
to be used on the streets. .. ~:
Other items that we are desperately in need o£ is a lube rack with
grease dispensing reels and a lean-to next to the present building
to store it in. £ven some of the smallest service stations you see
around have lube racks and grease dispensing reels, and yet, the
City of Kenai with its continuous maintenance program has no such
facilities, ,
Another item that is badly needed is a new warm storage building.
Last year, we did not have room in our warm storage buildings £or
.the equipment that we have; This year, we have traded in our small
backhoe /or a much larger backhoe thus taking more room,and we have
purchased a new sewer jet that will have to be stored inside the
building.
There also needs to be a considerable amount of work renovating the
gas and diesel pumps at the shop. Last year, a considerable amount
of time was spent in maintaining these pumps.
Another item that is needed is an additional area added to the animal
shelter which is many times over crowded and trnsanitary.
blemo to John t~ise
Page 2
September l, 1978
A portable generator that could be used for operating the well houses
is also needed. Our present generator will barely meet the
requirements to operate the pump house and is of such old vintage
that it is not reliable. All of these items are badly needed by
the Public Wo~ks Department in order to adequately serve tile citizens
of the City of Kenai.
Another item that is very badly needed, but is in a different
category of the budget, is thc replacement of the airport generator
switch gear. Thc present generator and switch gear is not only
unreliable but is very dangerous.
Many of the above-mentioned items brought out during the budget
sessions were passed over due to tho fact that the money was to
come from the revenue sharing program, and we were to discuss them
at a later date. Unfortunately, I an afraid we may be even too late
at this time for the snow.removal equipment that is.needed. A
delivery date on some of this equipment can vary up to as much as
six months. Therefore, it is very important that t. his is discussed
now and action is taken immediately. Below is a list of this
equipment and estimated costs in order of priorities that the
Public t(orks Department feels is correct.
There has been a pre-final inspection on all of the EDA Projects
that have been under construction in tho City of Kenai this summer.
These projects include water and sewer improvements to Willow Street
and McCollum'Drive, 1ff77 Street Improvement Projects to Fourth,
Kaknu, Walker, Lupine, and Lilac. It includes paving at Airport Way
and also improvements and paving on Redoubt Way and the Three Million
Gallon Water Storage Tank. All of these projects have essegtially
been completed with minor final gradiog and clean up remainz~g. ~ny
and all changes or a~ditions should be brought to the attentio~ of
the Public Works Department as soon as possible so they can be included
in the contract prior to close, out. The final cross sections, ..
co,pupations, and quantity analysts have Started by Wince Corthe11
and the City of Kenai. Additional change orders and finalization for
the project halo been started. Additional work of pavement markings is
possibility and painting contractors have been contacted for prices.
It looks as though the various contractors working on these EDA
projects will not have a pay estimate for the Council on September 6.
Hopefully, these pay estimates will be in and will be available for
Council approval on the September 20 Council Meeting.
On Thursday,.August 31, 1978, I met. with Arnold Myron in Anchorage
to discuss our up coming ~DA Projects on the warm storage building
and.tho Airport Arctic Doors. I left the meeting with a good
£eeling that everything was running smoothly'and in accordance with
their EVA regulations at this time. The project looks like it',s
going to go without any problem. Because I was at this meeting I
did not get a chance to get my list of an$i-recessionary money to
you until Thursday afternoon at which time you had already made your
Memo to John Wise
Page 3
September 1, 1978
decision allocating the money. ~ould you please take the
attached list into consideration during our next appropriation
of antt-recessionary money.
As you are awgre, our-.new City £ngineer, Mr. Bill Nelson, started
work on August 20, 1978. I am hopeful that with his assistance
I may get caught up on my work and a little more organized. Bill
has done some work on the needed Parks Projects that wore started
a considerable time ago. Attached is his report on Birch Drive
Park and Beaver Creek Park for your review.
As per your instructions, I have made a list of the items located
in the well house next to the airport that at one time were to
be declared surplus. The list includes the following:
- 4" valves
d" pipe §' joints
4" pipe 8' joints
4" pipe 5-4" joints
- $" valves
breaker box
water tanks
reset boxes
bags lime
pumps
line tank
outside well with pumps
-We have-received the attached letter from the State of Alaska
Department of Environmental Conservation dated August 16, 1978. '
The letter states that the..Clean. Water.Act of 1977_contains .....
provisions wh~re publically owned water treatment plants can dis-
charge with less than secondary treatment into marine waters. It
also states that initial ~equests for:application must. be.,receiv~d:
by September 24, 1978. The decision is gbing to have to be made as
to whether or not we wish to go back to primary treatment. They
have given us three additional months to complete the application,
but as mentioned earlier, we have to send the initial request by
September 24. I have been unable to get in touch with Loren Leman
with Cil2M Hill £or his comments concerning this letter and the
possibility of going to primary treatment.
have asked Peninsula Fencing to give us a quotation on placing
four £oot choin link fence along the Bluff next to the Miller house.
We have written a purchase order on this fence and it will go before
Council for approval on the items that exceed $500.00. '~
CH2M Hill has completed an.addendum to the contract documents on the
interim modifications to the sewer treatment plant. Under this
new addendum tho work would consist of Schedules A through E on
the deductive alternate basis which would allow us to complete any .,
two or more schedules to the best of the City's interest. Because
Page 4
September 1, 1978
of a large amount of money we have invested in engineering and desigJl
on these projects, I recommend that we continue and go out for bid
once more and see what kind of prices we can get on this. liopefully
with a little bit bztter advertising and contacting more people, we
may get more responses or more people bidding on the project. I
plan to have copies of the addendum and thc contract documents at
the Council l~leeting for anyone that desires to look at them. A
decision should be made at this Council bleeting as to whether or
not we are going to pursue this project or drop it.
The change orders on the tank have not been submitted to the City
as yet. I have contacted Harold 6alltet who has informed me that
they are in the hands of the contractor awaiting price estimates
and that.he is working on the additional work on the pump house.
He assures me that within another week we should have these change
orders in h~nd, I amm~deavoring at this time to get some kind
of idea on these projects as far as costs so that we will have
an idea as to where we stand on the renovations of the lift station
Bumps, adding'fire hydrants, and renovation of.Welt House
Pat Doyle has'agreed to a change order in putting in the four fire
hydrants that have been suggested under his contract at existing
prices. We plan on holding off submitting this change order to
Council until we have a clear picture as to our financing in these
other projects.
~here have been a numerous amount of projects that we have been
working on since my last report. At the present time, we have
been doing: quxte.a bit of work on gravel sur£acing on streets that
'we have'haB problems with at break up ~his last spring. ~e are
doing this in an attempt to alleviate some of the problems we have
had this last year. ~e have been instructed by the.FAA.to Clear, ..
trees at the sout~ end of the airport in order to have a 54 to 1
,slope, This clearing is being,done at thc prcsent time. Our
shop crew has bednvery busy recently working on dump trucks,
lawnmowers, police cars, and pickups. We have received our new F~rd
,..Courie~ mini pickups and a~e.very pleased, with,them,.: Our water.and.,~
sewer is presently working on rerouting sbme of the City mains that
are presently going through the-FAA houses. We 'are also draining
some o~ the artesian wells around the City and wil~ be putting light
oil in them in an attempt to be ready for this comxng winter season,
We plan on spending a considerable amount of time at this stage in
an ef£ort to winterize all our equipment and to set up our operations
for our ¥inter work.
Tho Public ~orks Director is very much concerned over the additional
work that may be necessary in maintaining the proposed grass strips,
ski plane strips, and float plane basin. ~e did ask for additional
help on the airport, during the Budget session which was denied.
~lemo to John t~ise
Page 5
September 1, 1978
If additional runways or changing of the present runway to meet
tho specifications of special interest groups is allowed, we fool
this will engage additional work on our street crew that was not
anticipated.
I could go to my daily diary now and pull out some more information
that could be related to the Council, but it looks as though
this report is going to be lengthy enough as it is, and I think I
have touched on the most important items.
August 16, 1978
9
John Wise, City Mana~er
FROH:
Keith Kornelis, Public Works Director
SUBJECT: Status Report on 1069 Galion ~fotor Grader
The Department o£ Public'~orks has been working ver~ hard in'
trying to find parts necessary to rebuild the transmission for
the above-subjected motor grader. At one time, ,an'expeditor,'
in Seattle thought he had found parts necessary to'rebuild
%~ transmission, tie later discovered that the parts he thought
would fit did in fact not work ~or our transmission. '
As it stands now, therexpeditor in Seattle feels that thoro
would be a cost of $5,800 for new or used parts if they can
.be .found to .repair our motor.lrader. This .cost is for parts
only and would not include freight or the labor. The other
alternative is to order a new transm&ssion from the factory.
:-Thecost for a new transmtss~bn-fromthe,factory-has been
estimated at $17,000.
Due to the extremely high. cost in. repairing or buying a new *': .......
transmission ~or this 1969 Galion motor grader and due to the ...
fact that it is an older model and .due'to the :~fact-that we h~ve-~*
fouad ehaensivo repairs yearly, the Public Works Department
recommends that this motor grader be sold to the hi~hes~ bidder
as is, where is. '
PRIORITIES LIST
#14 Cat Grader
2. Lube Rack ~ Brease Dispensing Reels
Lean to
3. #14 Cat Grader
4. ~arm Storage Building
5. Renovating gas and diesel pumps
6. Addition to Animal Shelter
7. Portable Generator ($0OKW)
Airport
Generator and Switchgear £or Airport
Maybe able to get FAA.~unding at
later date.
$110~000.00
2Ss000.00
110,000.00
60,000.00
30,000.00
18,000.00
50,000.00
100,000.00
August 31, 1978
CITY OF KENAI
P. O, BOX $80 RENAl, ALASKA 9961
MEMO
TO:
FROM:
SUBJECT:
John E. Wise, City Manager
Keith Kornelis, Public ~gorks l)trector
Anti-recessionary Money
WATER AND SEWER
$0 ea. manhole lids @ $90 ea.
I ea. small generator
1 ea. tap machine
$ fire hydrants
grade rings
STREETS
Jackhammer and bits
4 ea. Government radios installed a $740 ea.
2 ea. FAA radios @ $700 ea.
Miscellaneous signs - fire lane, dead end,
no parking, school zone, ect.
Culverts
Gravel
ADMINISTRATION
Calculator
Office equipment and supplies
$ 2,700.00
900.00
930.00
2,500.00
600.00
8S0.00
2,960.00
1,400.00
4,000.00
3,000.00
S,O00.O0
$00.00
400.00
August 31, 1978
SiiOP
2'0-HR 78 x 15 M ~ S tires
5-FR 78 x 14 M ~* $ tires
5-800 x 16.5 M ~ $ tires
8-600 x 14 M t S tires
10-G 78 x 15 Tubes
S-PR 78 x 14 M ~ S tires
Plug cleaner
Battery Charger
3/8" Drill
$/4" Impact
$" ¥ise
.... l~onch Grinder
.Ba.f. ter. ies
ANIMAL CONTROL
Operating Supplies
SBWI~R TRBAT~ENT
2 - 12 volt D.C. Batteries
Chemicals for Lab Tests including ~reight
Lab glassware
Small hand tools and shovels
CY$I - oxygen meter and accessories
Gasolinepo~ered pump
Suction and discharge hose and fittings
$ 850.00
1,462.80
291. $5
250.25
244.48
80.00
291.55
300.00
400. O0
125.00
$15. O0
400.00
420.00
900. O0
150.00'
160.00
200,00
200,00
200.00
900.00
7S0~00
$00.00
Memo to John ~ise
Page 3
August ~1, 1978
SEtfER TR£AT~tENT (cont.)
I - $$ gallon drum of oil
~aper towe~s
ZO'ft. aluminum ladder for u:- Ix basins
120.00
70. O0
75.00
CITY OF KENAI
¥
P, O. ~OX S80 KEFIAI, ALASKA 99611
August 31, 1978
NENO
'9
TO:
FROM:
SUBJECT:
Keith Kornelis, Public Works Director
Bill Nelson, City Engineer
EDA Parks Projects, Birch Drive Park (Synopsis)
Funding (total)
Spending to date
Balance
$10,600.00
. ~316.88
$ 4,283.12
'-E~ISTENCE'AND CONDITION OF 'FACILITIES
Funded Facility* Completed Condition Remark
Land Acquisitton Yes ....
Ice Skating Rink No -- Being used for rect
ational vehicles.
Motorcycles.
Tot Lot Yes .Good Swings, bars, teetE
totter.
Open grass area No -- Needs plowing ~ see
Trail to Linx Creek Yes Good --
RECOMMENDATIONS:
Birch Drive Park requires virtually the same treatment as Beaver
.. Creek Park and for this reason should be considered simultaneously.
*These facilities are required by the BDA funding agreement.
ge
Memo to Keith Kornelis
Page 2
August $1, 1978
The ice skating rink should be excavated and graded. In addition,
some means should be provided to discourage motorcyclists from
tearing up the skating rink basin such as a sign and some timber
barriers. As with Beaver Creek Park, the open area should be
reseeded with'winter rye and Bluegrass.
The Linx Creek Trail is in excellent condition and could be made
even more attractive by the addition of a small foot bridge.
Timbers should be hauled in and placed to define the parking area.
Much degradation of the site has been caused unintentionally by
parked automobiles encroaching on the cleared playground area.
~e would like to note that apparently neither the Beaver Creek
Park nor the Birch Drive Park have [.een previously finish graded
or seeded,and therefore,these items should be eligible for
completion as new work and aTe.not.termed maintenance projects
at this time.
BN/.'I et
YEA 0
· ' $¢ALI~' I"
? = I00!
August 31, 1978
CITY OF KENAI
¥
P. O, ~OX M0 Kl:fdAI, ALASKA 99611
TELEPHONE 2e~ · 7s~
MEMO
~O:
FROM:
SUBJECT:
Keith Kornelis, Director of Public t~orks Department
Bill Nelson, City Engineer
EDA Parks Projects, Beaver Creek Park (Synopsis)
Funding (total)
Spending to date
Balance
$20,160.00
6,9SS.. 0.,.0
$16,205.00
EXISTENCE AND CONDITION OF FACILITIES
Funded Facility~ Completed Condition Remark
· 2 ac. Site-Improv. Yes Good Trees h~ve been
cleared,
Landscaping No Poor Some tries have bem
left in clusters, bt
field is just dirt t
" vild grasses with s~
bushes.
2 Comfort Stations Yes Fair Some vents ~ screem
torn out, some roof
shingles decomposed
need cleaning.,
10 Parking Spaces No ....
Sign Yes Good "Beaver Creek Park"
Sign No -- "No motor vehicles
Allowed"
some
Memo to Keith Kornelis
Page 2
August $1, 1978
9
Funded Facility* Completed Condition Remark
7 Picnic Tables No ....
g Tot Lots No ....
Backstop No ....
Large Swings Yes Good Loos~ Foundations
$mall Swings Yes Fair Broken Chain
Bars Yes Good Loose Foundations
Teeter Totter Yes Good Bent Pivot Bracket
Ice Rink No -- Sand berm has been
trampled down, rin~
is overgrown with
small bushes.
T~ail from Park Yes Fair Entrance t first t~
to Creek switchbacks are poc
d.e£ined.
Gravel Road Yes ....... Fair Needs grading .
~oorly
-;"... *T. hese facilities are requited by'the~tDA ~unding,agreement ....
RBCOMMHNDATIONS:
Beaver Creek Park can easily be completed if attention is given to
specific areas. The general appearance o~ the park is pleasant,
especially the wooded areas and the creek trail,
Three major improvements could be made to the park which would
greatly increase its useability,
Primary attention should be directed towards completion of the
l~ndsc~pin~ i'n the cleared a~eas. This portion o£'the project can
be accomplished by plowing the.small bushes a. ad wild grasses under
a2d finish $rading the area ~ollowed by reseeding with a mixture of
winter rye and Bluegrass seed., The reseeding.and ~rading phase will
compliment the naturally landscaped wooded areas.
Memo to Kdith l~orndlis
Page 3
August 31, 1978
Another easily accomplished project would be the placement of a
backstop ~or a baseball field. A backsto~ could be quickly erected
and.the infield could be graded at tile sa~ne time as the rest of the
cleared area.
The third improvement would be tile creation of an ice skating rink.
Some minor excavation will be required to remove shrubbery and to
fern a small pond-like depression. An excavation will be more durable
than ~ sand berm and will require less maintenance.
We would like to note that the inclusion of a floodlight for thc
skating rink ~ould also increase the serviceability of the facility.
Although a light is not specifically funded in the £DA grants, it
may possibly be accounted-for under site improvements or landscaping.
Other items of interest that could ~e, quickly achieved are the purchase
and placement of: picnic tables, fire pits, and commercial tot-lot
equipment.. Pallen timber.existing..on.the site could, be.used to.
de£ine parking spaces and the entrance to the trail. The "No
Motor Vehicles A11o~ed on this Trail" sign is probably not necessary
and should be deleted.
BN/jet
~¢.~&,~ /"= 200~
r~
Dear blr. Wise:
The "Clean t~ater Act of 1977," which became effective December 27, 1977
contains provisions, ~'hich r, my allow some publicly o~med treatment ~'orks
to discharge less than secondary treated sewage to marine waters.
section SOl(h) establishes eight criteria by which applicatioJ~ are to
be evaluated when modifications to discharge pemits are requested. The
'Act.states that-applicatio~u~ for these waivers shall be made no later
than 270 days after the effective date of the Act, which is September 24,
1978;
Since passage of the Act, ~PA has been in the process of der.eloping
· .: ,. Tegulationa for governing the p=eparation~ m~bmittal and review of'.the' · ,'
secondary treatment waiver appl'icatiOns. 'These regulations have taken
...m?nths .:longer to develop than was'. originally anticiPated and 'i't appears'
that the~ will not be available for distribution until sometime in
September 1978. Since the waiver application must be submittea L-/
September 24, 1978 if the commntW is to qualify for the treatment
modification, very little time will be available to develop arid submit ' '
:plications. It appears that EPA will allo~ additional time, up to
tee months, to submit a complete application but the initial request
must be received by September 24, 1978.
Since no final guidelines are available as to what constitutes a waiver
plication it is suggested that all coastal co.unities that believe
ey can qualify for the waiver rake their intentions known by letter to
I/r.. Don Dubois, Region X, Regional Administrator. The cost of preparing
the application will not be EPA grm~t eligible but the possible savings
that could be realized by not building or operating a secondary treatment
plant should more than offset this cost.
~.lr. John E. i~'i se - 2-
^tlgLISt 16,
'If ),ou wisll to appl), for a modification to yonr :~TI)ES per,nit, r~questi~lg
a ~'aiver of the secondarF tr.t.'atment' requireJJlent, I sugfiest )'ou submit ;~
letter similar to the enclosed draft to .~lr. llubois. Please feel free to
contact me if you have any questions regarding the waif,er process. 1
have enclosed a cop)' of section 301 (h) for your revtc~v and use.
Sincerely,
Keith Kelton, Chief
Faci lit), CoJ~t~uction
6 Operation
Enclosures
9
I4r. Donald
Regional adai~istrator
E~lviro]~nental Protection Agency
1200 Sixth Avenue
Seattle, ~:nshington 98101
DRAFT
Dear ~tr. Ilubois:
Section !;01(h) of the Clean t~'ater Act of 1977 contains eight criteria,
which if mt would allow publicly o~ed treatment ~vorks to discharge
less than secondary treated se~alle to marine waters. It is 'my understandi~ll
tha{ EPA regulations for the preparation, submittal and re~iew of
applications., for ~1)5 pemit ~odifications are still being developed
and will not be available t~til, sometime in September 1978.
Since the deadline~or submittini an application for a permit modification
is September 24~ 1978, it appears that insu£ficient time will be available
to prepare the application. It is our understanding that EPA my allow
up to an additional three months to complete ~he application. However,
we do' %t ~ish to jeopardize our waiver possibilities by submission of a
late application.
It is our belief that the City o~ can quali~F for a
watve~' t~';~he; secondary treament requirement. Please consider this.
.:. . ...-.- ._:-
letter as a formal application for ~odification of our NPDES permit,
waivin~ the requirement for secondary treatment. If additional data is
required please forward 'the ~ppropriate forms and instructions for
co~loting the application.
· Sincerely,
ot
9
91 STAT. 1584
33 USC 1311.
33 USC 1342.
PUBLIC LAW 9~217--DEC. 27. 1977
MODWICATIO.~; OF f~;Ct~qDARY I~I~:ATME.%'T
SF~. ~. Se~jon ~1 of the F~eral Water Pollution ~llt~J A~
amc~id~ ~* adding at tbs ~ld thereof tbs following new ~ction:
"(hi ~ AdnthtJet~tor, with the concurren~ -f the Sta~
Jesu. ~ ~rmit under ~ction 4~ which modifies the rt~lui~meats of
su~i~n (b) (1) (~) of this ~t ~on with res~ct ~ the diseharge of
any ~llutant in an existing ~.J?r~e f~ s publicly ~wn~d
meat wor~ into marb,e water, if the nppil~nt demon~tes ~
~t~factJon of the Admonitor thnt~
-fli el,ere is on n~oJi~Me ~nter Quality standa~ si~flc
p~ p. I~. ~en identified under ~tlon Suite) tv) oS tn~ ~ ;. . ..
"(g) ~ch m~ifled r~uirements will not Interlere witl& ute
pml~ion of public wa~r ~ul*p.es an~ the ps'~ ~n~t:, r
atJ~ of a balanced, ~dikTflo~ ~pumtion ~ sheJmsh, ash aaa
~aAli~ ..A ~llows r~r~tional ~etivJti~, h and on the water~.
"(3) the appli~nt h~ estnbhsJ~d · ~?~ for f.~mt.r~
biota, ~ t~ ex p ~ ·
tJonll ~mntent8 on any outer porn o
"~51 ali amdieable o~t ~at meat t~ui~ment a for ~nu~s iht
' - ~' --~L%-,~ ~,~ t~atnJent wor~ will ~ enfore~ .
a~ ~o t~%~*~%~ n-'%c-~i%bl~ the applicant hfl~ ~tnbli~ned
_ ~.~t..~ -~,ieltles'desJ~ed ~ eJim~ate the entrance of to?e.
~Jlu~nts f~m nomndumnal ~ure~ mia stteh t~ntment wars
'*(7) the~ will ~ no stew or sube~ntinllv h,.rea~d di~.hnrges
'lMm t~ ~int ~ur(~ of't~'pulJut.nt to ~-ltieJt the m~ifi~tton
ap Has n~ve tJmt volume of Richards s~eifled in the ~rntJt
~8) any fun~ available to the owner of sn~h treatment
~ U~ l~t. ~r title II of this Afl will ~ u~ to achieve the de~ree of
~3U~I~I. e~u~t wdufllou ~uir~ by s~tion 201(b) end (g)(~)(A) or
to ~ out the ~ut~ments of th~
..... : ......... * ,~ -.t.~tion ~e uh~ 'the di~hnrge of any
~dt~ ~o~ t? ~ u~ ,,,~_?r~: ._,._ 'o ~ di~r~ into d~p wnte~
r;'~. .... ~_~ ..... *~* m"t~ O~ the ~OfltlfllOII9 ~O~V) ~
~e v~' of tn~ tems?m~ ~- ~-. .... ff~: ....... ~l~l ~novement ~d other
· , nline ~.ne watem wlm~ sl,es~ t' ~?/~ ..... ~- ']-':fl:strator
hydrolo '~! and ff~lo~l ena~rl~t--~Mcn the ~u.ff~.,
d~termi~ ne~y to allow eomi*JJ~n~ ~wn im~aPn ~ os tutu
~ ~ I~1, sub.tiaa, and ~on 101 (o) (t) at this A~".
R~ ~o SE~ 45. ~tion ~1 of the Fedex! W~ter Pollution ~ont~i
anf~o~ amended b ad,inK at the qnd ~he~th~ (ollmyhK. new
tiOB ~llflO~ ~ ~ompTete~ w~flm the time ~usreu m eu~,. -
or (u) the f.?d to
tb~ ~ available ~ time to ~hteve s~c~ Jl~l~TiOfl6 D~ The Lime
ma ~u~ the Adnd~mt~ tar ~z appropriate tne osase~ tu
~u~ua~ ~ tha~ ~iton ~ ~eaa suea zlme lot ~mp.au~,
IO~NAI CITY COUNCIL - SPECIAL MEETING
AUGUST 24, 1978- V: 00 P.M.
KENAI PUBLIC SAFETY BUILDING
COUNCILMAN DAN WHELAN PRESIDING
PLEDGE OF ALLEGIANCE
Ae
ROLL CALl,
pre, een,t,: Ronsld Malston0 Dan Wheiano Tom Aakerly.
Edwm'd Ambarian, Betty (3lick
Absent:,' Vincent O'Reilly, PMllip Abet
AGBIqDA APPROVAL
Approved as distributed,
Co
NEW BUSINESS
Ratification of appointees to t..he Kenst R.sore.atim Co, mm.ission
Councilwoman Gliek inquired ~f there should be seven names on
the list instead of six. City Manager Wise said there should be
seven names end that six people responded so faF. Councilman
Wbelan said that Mayor O'Reilly had appointed Klm AmbaFion on
the Commission so that youth could be represented end that when
she 8Taduated from high sohcol that another Mgh sehool student
would be appointed to serve out the rest of the te~m.
~OTION:
Councilman Aokerly moved, seconded by Councilwoman Oliek
ratification of appointees to the Kenat Rem'action Commission.
Councilman Malstou asked if there was anything in the Ordinanee
about the lenath or the tom or the appointees and City Attorney
8ehlereth said he did not have a copy of the 0rdinanee with him
Mr. Sehlereth is to amend the Ordinance to show the lensth o!
offloe with regards to the youth represented on the Commission
Caz~nen GintoUi wanted to know if the Council had enough voluntem, s
on the Commission or if the~- were missing one person. City Manager
Wise advised Mr. OintoUi that we did not receive fi response from one
person yet.
Motion passed unanimously by roll call vote with Councilmen AmbaFian
abstaining for Klm Ambartan.
Minutes, Page 2
C-2:
Specific lessees relative to lease of Cit~ lands renei~otiation rates
Councilman Whelan advised that the meeting was to investigate why
Attorney Baldwin reels the lease rates are erroneous and need adjust-
ment, He advised lVh.. Baldwin that the Council could not make a
decision that evening.
Mr. Baldwin apologized for tmintentJonally and erroneously channelling
his corx,eepondenee through the City Council instead of the City Attorney.
Mr. Baldwin repFesents RAY CASON, as owner of a lot In the General
Aviation Subdivision; JACK THOMPSON, as owner of s lot in the Alyeska
Subdivision (Post Office); and DICK MORGAN and MAX SWEARINGEN as
owner of s lot in Cook Inlet Industrial Park (Clarion Building).
Mr. Baldwin stated that he would review the problems of the City*8
evaluations and then examine each of the leases individually.
Mr. Baldwin stated that the leases provided fox. renegotfation at five-
year intervals with provision fox' eithex, Increase or decrease at that time,
but without guidelines fox' this x,enegofleflon. The general principle
of eontx'act law is that it must be materially specific. The Thompson
and Mox,gan/Sweartngen leases provide for arbitration, but without
stsndards outlined in the leases, the arbitrators do not know whether
to negotiate for s fait. px,ice or a falx, market evaluation without consideration
for eh, eumstsnese. The C0son lease has no provision for arbitration,
merely stating that the **lease can be renegotiated every five years."
The next step to be taken is a Judicial resolution but the City is not
raced with attorneyes fees as are these lessees. Mt*, Baldwin would
like to x,esolve the matter short of court,
Mr. Baldwin next discussed the weal~neases or the Frykholm appraisal.
The appraisal evaluates propex'ty at fab, market value, but, as the
City is aware, the land is not owned as "fee simple," or unencumbered
and without restriction, title to the property, The City cannot sell,
but eon only lease the property st the $oIng lease x,ate, Propex'ty is
worth less if It cannot be sold, The appraisal on page two, under
Propex'ty Ri~hts~, states that the Oland is treated as ir it were 'fee
simple* and without consideration of the affect of s restx'istive lease
on value." The title is subject to be returned to the FAA if the
restrictions of the deed are not followed. There are also reservations
ever each parcel of subdivided lots on att, space easements, the loss
of the x,ight to complain of low-flying aircraft, and thax'e are restrictions
such as the height of the buildings due to the airport. Mt.. Baldwin
feels that the City will not be able to .develop this area in the future
because people will be afraid of another runway going in.
Minutes,
Mr. Frykholm's final figure for property evaluation is based upon
comparable sales, but there are few comparable to this properly alnee
little lend has been sold in Kenai since the off boom of the sixties.
The land ownership south of the highway has remained stable largely
because of the limited amount of land available due to the river bluff,
owner disinterest in sales, end the hodge-podge of lot shapes, small .
sizes, mixed uses and several ownerships. Frykholm lists a lot
in the East Addition of the Old Townsite offered at $5.07 per squ~e ..
foot and the Mghest per square foot astually sam of any l~t'l~e area
18 $1.13, Counoi!.,,..~n Malston disssTsed with th~'.-fiL, u. Fe~. Frykholm does
o ~ efta an exception to the price in a corner lot ~tn~Ed~l~'Subdivision that
._~ t~s~ and sower and sold to the First Na~tanal Bank in 1976 for
--~..~ .... $3.04. F~t~ykholm's square foot valuation for the lease lots are pissed
· '--~---at'$2~0 for Thompson's, $1.00 for tie downs for Csoon, and $1.30 for
the Clarion since it has its disadvantageous location in the pipe yards
Mx*. Baldwin feels Ms analysis should be examined in detail. He also
feels the At. els J. Hlllas appraisal for the City of Kenat mede on
January l?, 1975 should be updated. From the 1975 Hfllas appraisal
until lost yeae no land sold due to the high value placed on it or the
economic climate not supporting it,
Mr. Baldwin passed around a map (attached) he had made that was
~nm. ked up-as ~ollews. ~The'tlu, ee-subJeot~lots.have-the~mw price the
City 18 askinf~ in red, the lots sold since last year have their east
in black, and the prices of the lots stttl on the market ~e marked in
yellow,
The lots were then analyEed by Attorney Baldwin in detail with the
Cason lease at Lot 1, Block 4, General Aviation Apron end a new
appraisal of $39,000.00 and new annual rental rate or $2,32?,07 beir~
first. The GAA is the most restrictive of the subdivisions since only
aviation-~ehttad businesses eau occupy the leases.
The City evaluates the lot as unimproved, not oonsidering the L, Fedtng,
eight tis-downs, and trailer with septio system for the convenience of
those utilizing the tie downs that Mt.. Cason has provided. For the use
of the tie downs and ti. after, Mr. Cason eha~ges $25.00 a month. If
this lessee did not have the trailer, he could only charge $25.00 a
month for Ms tie-downs. Considering his occupancy facto~ of 75 percent,
the lot itself only provides an income of $1,800 per yeax'. After paying
$800 a year maintenance bills, the net income of this lease is $1,000 a
year. In essence, the City is asking $2,327.07 per year when the net
income is only $1,000.00 ,a year for this lease.
Minutes, Paf~e 4
Another point concerning the Cason lease is the reevaluation last
year of Arctic A~Jstion with a renegoflated figure of 2.75 cents per
square foot rather than the 8,3 cents per square foot figure the/ /_/
City is asking from Mr. Cason. . ,~ ~ . ,~.~. ~//_~. ~,,~ ~ ~ ~/'
' '://,,.:',
At Councilman Maiston*s question'S, It was Fevealed that Mr. Csson
was peyinf~ two ~ents per squsz, e foot for this land foF the previous
ten ye~s. ?hJa lease should have been rene§othted eveFy five
yem~So It seems the City is tFyin~ to recoup the revenue it feel8
it missed in ~ene~y)tia~on five yeaFs o~o. HoweveF, the Kenai
e~onomy wa8 somewhat depressed at that time and the rates mif~hi
IMve been de~essed0
Mt*. Morgan and lVir. SweaFingen lease Lot 8, Block $ of the Cook
Inlet Industrial Airport which was appraised by Frykholm on
,~une 15, 1978 at $69,000. The City wants the lease rate to be
changed to $4,092.00 per annum, or ?.7 cents a square foot.
Contx*a~ to what this indicates, the property remained relatively
stable because it is in the industrial locale of Kenai. TMs is
supported by the Frykholm e~lter appraisal on May 6, 1977 which
attributed the "res simple" interest of it at $20,500, or one third the
value he placed on the lot only a )'ear later. Furthermore, only
lS days as., the Council leased the two lots adjacent to the Clarion
that were on the market since the subdivision began, at 3,6 cents
per squ~e'~reot.
,~sok Thompson leases Lot 10, Alyeska Subdivision, the post of flee
lot. The lease rate fox* this lot the City is requestin~ is 14,9 cents
per square root. In 1073 this lotwas appraised at five cents per
square foot.
At Councflnmn Wlmlen*$ question of who did the 1973 appraisal,
Attorney Baldwin replied that it was Hillas and corrected the yeer
to 197~.
One block away from Thomps0n*s lot a corner lot was available fox,
many months at six cents per square foot until it was finally leased
on 3uly 1, 1978 at that flgut, e. Three lots away the land was leased
fox' 41/2 cents per square foot on February 1, 1978. The highest
leased land indicated on Attorney Baldwin*s map is currently leased
for six cents per square foot. '~his is way off balance with the new
Minutes, Page §
asking price for this lot of 14.9 cents per square foot. Presumably
the Council's objective is to lease the land. not hold it.
in eoneltmfon. Mr. Baldwin asked that the Council consider all this
information before determining a fair lease rate.
Councilman Whelan asked for Council questions, or comments from
the City Attorney o
Mr. Sehlereth, the City Attorney, said he would also like to apologize
faf putting his comments in a letter rather than phoning and talking
over the matter about the leases with Mr. Baldwin.
The City Attorney sought some clarification from Mr. Baldwin. Mr.
Baldwin had commented that the Frykholm appraisal was based incorrectly
sines the property, aeoordin~ to him, had no fair m~ket value due to
its leasehold interest find the Fast,arians o According to M~. Baldwin,
due to these factors, the prepeFty could not be valued by comparing
it lo other property in the area. Mi.. Schlereth asked if ~. Baldwin
felt another appraisal should be made by way of comparloon.
Mr. Baldwin replied that he did not know how he would feel about another
appraiser without f~st seeing Ms work alnc~,.t~,,!~e,~n~t ~j~p~r i~al is
wo~lese'in~his '~ini~. 'The'only meth~'~~ '~h a f~r
Ieee ra~ wo~d be to ~mpile ~ index. ~
lVh*. 8ehlereth replied that lease p.roperty, despite Mr. Baldwin's
comments, does have value in his opinion.
!~. Baldwin said that implication was not Ms intention. He did not
know how to reach the fair market value, what formula could be used
to determine value since the City does not own the property "fee
simple** and the appraisers cannot, as a consequence, look at comparable
property as is normal. The attorney questioned this.
Councilman Whelan next asked for comments or questions from Council.
Councilman Malston commented that he hsd hoped Attorney Baldwin
would have a counterproposal of what his clients felt was a reasonable
Attorney Baldwin then compared Thompson's lot with one leased on
,July !, 1978 for six cents per square foot. He revealed, under Councilman
Whelan*s question, that this was Lot 8 of Edeltn Subdivision leased to
Walter Church.
;//.
Minutes, Page S , ~t'
Some 15 days otter the Peninsula ¢lm'ion*~-lease- Fate was raised0
The City Manaf~eF said the lease fl~'tu, e wes 2.0, not 3,8. Mr, Baldwin
rel~lied that within this same area, the City has leased six lots, the
highest one at 3.9 cep~ta. The most recent lot to be leased was to
Browning and.Hem'x~wtll devalue the Clarion lease even more since their lot
wi)i be used f~t~k storage, The land around the Cle~ien now seems to
b~eomfn~ iJ~l~i industrial instead of commercial,
Concerning the evaluation of the Ceson lot, AttoFne~ Baldwin cited a
lot leased one year ago near coson for 2. ?S cents per squm'e root
end asked that this figure be used for Ceson's lot, Councilmen Whelan
wanted to know if this other lot was Arctic's and Baldwin acknowledged
that it was. Usinf an income analysis approach to the lots, the figure
fez lease should be closer to 3,8 cents than 3,9 cents a square foot,
In conclusion AttoFne~ Baldwin said that he hoped this problem could be
worked out retFly for the clients and the City.
Councilwoman Olick wanted to know if the Council would wait to make
a determination until the Cfty Attorney provided a memo to the Council.
Mt.. 8ohlereth said that Was eorFect end the memo would be ready prio~
.- to. the.nex~ packet.
Councilman Whelen made a motion for adJoL2nment, seconded by Councilman
A~ke~ly, *
Meetinf wa8 adJout*ned at 8:20 p ,m.
ALOOHOLIC BEVERAGE ~NTROL BOARD /
20t EAST STH. AVENUE
ANCHORAGE, ALASKA 9950l
August 23, 1978
Hs. Sue C. Peter
CtW Clerk
Ctty of Kenat
Box 580
Kenat, Alaska 99611
Dear Hs. Peter:
The enclosed application for transfer of ownership ts for your consideration.
RETAIL:-
FOODTOHN LIQUOR STORE; Foodto~n Ltquor, Inc. l P: Donald L. Smtth; ST:Jennie
H. Smtth. Wtllow Street; Hat1: P.O. Box.2941, Kenat, AK 99611.
You have 30 days to protest and submtt a statement of tssues for thts
application.
If we do not recefve a response from you wtthtn 30 days plus lO
,u days for
objection to
reasonable matllng ttme, the Board wtl1 assume you have no
the tssuance and wtll take ¢tnal actton on thts application.
BLC:dg
Very truly yours,
Be~t~L. Calhoon
Records and Licensing Supervisor
EriC.
CITY OF KENAI
RESOLUTION NO 78-134
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENA1, ALASKA, ACKNOWLEDGING
.~.~RECEIPT OF A RECOMMENDATION BY THE CITY MANAGER THAT CERTAIN ALLEGED PUBLIC
.-NUISANCES BE ABATED AND SETTING A DATE FOR PUBLIC HEARING IN THE MATTER.
~HEREAS, the Cify. Manager has recommended to the Council that certain alleged
public nuisances be abated, and
WHEREAS, the Code of the City of Kenai requires that the Council hold a
public hearing in the matter.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska,
as follows.
Section I The Council of the City of Kenai hereby acknowledges
receipt of a memorandum from the City Manager identifying certain materials
existing on certain parcels within the City of Kenai as public nuisances
a~d requesting ~hat they be abated. A copy of such memorandum is attached
hereto and incorporated herein by reference.
Section 2 The Council hereby directs that a public hearing on the
existence Of-those public nuisances listed in the memorandum incorporated
in Section 1 be held September 6, 1978, at 7~00 p m at the Kenai Public
Safety Building.
Section 3 The Council hereby directs that the City ~anager notify
all o~ners of those parcels listed in Section 1 and/or any other persons
responsible for or causing the alleged.public nuisances of the date and
time of hearing. Such notice shall also include an enumeration of those
steps which must be taken to abate the nuisance existing on the parcel and
a statement that no hearing will be held on the parcel if the public nuisance
is abated to the satisfaction of the City prior to the date set for hearing.
Bection 4. Notice of the public hearing directed to be held by Section
hereof shall be published at least once in a newspaper of general
0~rou~etion within the City of Kenai.
Section 5 The Council hereby directs that the City Manager be
prepared to make a presentation at the public hearing as to the existence
of a public nuisance on each parcel, including photographs and statements
of ~nvestigating City personnel.
PASSED by the Council of the City of KenaL, AXaska, this
1978.
day of
ATTEST
~NCENT O'REILLY, MAYOR
V~OR
Tho followl~ tt~ra are over $500.~0 ~iich need Council approval or racl6ication
A,v~lltT DESCRIPTION PIIOJHTL'/II.:IaT. A/C CItARGg
9-6-78
P,O,
FOR A~PROVAL
'~'aH~c Con~:ol
Chevron U.S.A.
Pmimmla Fence
l~yl~*s Fuet
4,851.74 Signs S~reecs-Anci-R~c. ~T.& ~ir~. Sup.
" " P~p,& ~tn~. S~.
Pol~e "
F~e "
~p "
~a~er ~ ~ "
~-~~1 "
1,197.39 F~ ~a~ & ~ ~c~ ~.
626.~ S~e ~1 ~p ~ac~ S~.
1,~g.~ ~. ~, ~C. ~-~~
2.220.17 ~ U~e-J~y ~ · ~ ~ ~c
~.20 ~p~C ~ ~ " " "
2,171.00
2,099.0O
.581.7~
1,1.~.70
459.30
~83.&9
63.18
63.18
125.00
186.75
7A.70
1,197;39
1,0D.92
~.95
$30.91
626.~6
73L00
3o407.0S
1,9~7.00
523.20
12780
12781
12782
12783
1278~
12937
12877
12t~3
Vi~EOR
Servtcemam:e~
Beaver Janitorial Sez~.
Inlet lns~u~enr, s
Yukon Office
Sl~bs
Credit
709.9~
2,187.50
5,858.00
1,286.74
762.41
305.02
5,247.41
1,583.35
5,900.00
21,36~.00
4,539.00
Jan. Serv. A~,. I~Lb,r, ary
" " Adj.
Jan. Serv. Sept· Police
Jan. 5e~. A~. Terminal
Filter, light base
Office Supplies Fflumce
Lrr~d File P &Z
O~fice Supplies Mbraty
Binder Recreation
Tc~"u~ CJ. Cy ACco~
· Pen. Sherp. C.tty t~anaget
Sheet Protectors CtCy Actozney
OEff~e Supplies Ctcy
Ftle Folders Ctcy lqanager
Ele~cr~ctcy-Au~.
Au&usC. Oredtt Unton
Fed. 1~.tl~oldfng
State l~tthholdln8 Tax
Pro£. Serv. 360.00
" " 90.00
" " 259.9~
·
X,218.~
" '* "
,, .
2.95
~. & ~p. 35.83
~a~ ~, 3.~
278.32
~ S~I~ 37.2~
53.33
~, & ~p. Z07.~
~ S~ ~.72
29.~
" ' 9.32
.C,m'm~aX Ftmd L:tabtl/Cy 5,gO0.O0
Oepe~al Fund L~ 2t,364.00
.~meral Fund L,t. abtltcy 4,539.00
13059
13059
13055
12879
12880
12881
0O177
· 00170
13058
00O53
00O55
001.78
'12963
O0203
000g0
X27&I
OOO59
OO158
i'*
· Th~ foll~ irons ~re ovex $~00.00 ~/flch ne~! CoLm~l appr~l oF rati/ieation 9-6-78
V~IIDR A~t~. D .~SCItlPTIO~ Pao31/cr/~. A/C (RARGE ~ P.O.
~ A~PROVAL
T~lc Control
Chevron U.S.A.
Perdnsula Fence
Ker~ Sr. eel M.ds.
l~ley'e ~
4,851.7& Signs Streets-anti-Rec. l~p.6 l~ainC. S~. 2,171.~
" " ~.& ~ht. ~. 2,~9.~
Fre~c " " ~.S ~. S~. ~1.74
2.627.80 s~ scree,,-~c*-~. ~.a ~,. s~. ~,~.70
" *' 9~.40
" " " " '* " 79.~
" " " " " ' ~59.~
~. 30 ~. ~ T~ U~i~ 183.~9
Poli~ "
F~O " 63.18
~ " ~.~
~a~ & ~ " ~.75
~-~ " ~.70'
~,197.39 F~ ~cer & ~ ~~ S~. 1,197.39
575.99 ~ ~ m ~ ~. & ~c. g~.95
5~.~ ~ ~ ~ ~.& ~c. s~. 5~.91
~ ~ Poli~ ~c. ~.~
7n.
3,~0.17 ~ U~J~y ~t & ~ ~ ~C 3,~.17
3,~.0~ ~ U~J~y ~ ~ ~ ~ ~C 3,~7.05
1,~7.~ ~ T~I ~.& ~C. S~. 1,~7.~
5~.20 ~C ~ ~ " " "
1278O
12781
12782
12783
1278~
12937
:12938
12877
00029,00051
00~2
128S0
12882
12~63
DE~CRTi'I'ION
~ & v~tll~s
Inlet Iustnnents
Yukm O~tce
Smbs
Gla~le~ SinCe
709.9~
2,187.50
5,858.00
762.41
305.02
5,2/47.41
1,583.35
5,900.00
4,539.00
glec~r~clL'y-Au~.
AUS'tmC. Credit Ufdon
Fed. 1~/.chholdin~ Tax
SCace 1~tthlmldtn8 Tax
A/C ~
3~0.00
90,00
259.9~
2,187.50
2,156.00
1,218,00
2,A8~.00
1,271.2/4
15.50
91.58
2.95
35.83
10.37
3.36
278.32
37.21.
53.33
107.~
26.96
41,.72
29.2/+
9.32
5,2~7.4X
13059
13059
13O55
12879
1288O
12881
O0177
00170
13058
00053
00055
001.78
12963
OO203
12741,
00059
Genoa1* Ftmd
5,900.00
21,3~4.00
4,539.00
(Crv'ER $500)
9-6-78
~&C
420' chain link fence
Repa~ Step Swl. teh
t'_~sh ~s~
Hy&~ic ~
~. S~ee~ ~~
~m~tssion Jack
Streets
;L, umce
~on-l~t.
S=eet Lt~t.
mpt.
Temi~!
Streets
$,
A(E0~ff A~DUNT
Rep.~int.,'$up. 2,079.00
~.~t. 716. ~
~.~p. 6~.30
" " 725. ~
~.~t.S~. 2, 7~. 53
~.& ~t. 2,223.63
~h.~p. 6~.~
~.~c.S~. 6~.00
~h. & ~p. 7~.~
~p.& ~c. ~50. O0
~h. & ~p. ~,330.~
~h. & ~p. 8~.00
Land Prof. Sere. 1,200.00
CITY OF KENA!
ORDINANCE NO 426-78
AN ORDINANCE. OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF FIVE THOUSAND
DOLLARS IN THE WATER AND SENER SPECIAL REVENUE FUND 1978/79 BUDGET.
t~HERFAS, the City of Eena£ has been required to pay a fine in the amount
of five thousand dollars ($5,000) to the U S Environmental Protection
&gency for violations in the City's sewer treatment plant discharges,
and
WHEREAS, proper accounting practices require that al1 appropriations
of City monies be made by ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EENAI,
MASI~, that the followinq increases in estimated revenues and -
appropriations in the water and sewer special revenue fund 1975/79
budqet be made.
Increase estimated revenues
Appropriation of fund balance $5,000
Appropriations
Sewer treatment plant -miscellaneous $5,000
''~SBD'~BY'THE'COUN~L OF T~"~~~, ~S~, thfs 20th day
o~ 8epte~er 197~.
C-Peter, city
APPROVED BY FINANCE:
VINCENT O'REZ'LLY, M~YOR
FIRST READING September 6; 1978
SECOND READING September 20, 1978
EFFECTIVE DATE Oc.t~bo~-p-~978 -.
CITY OF XENAZ
ORDINANCE NO 427-78
I~N ORDINANCE OF ?HE COUNCIL OF ?HE CITY OF KENA! TO EXPEDITE THE
PUBLIC BUSINESS AND TO PROVIDE FOR ?HE USE BY ?HE CITY COUNCIL OF
A CONSENT CAL~'NDARo
W~EREAS, many items of business require action by the Kenai CHty
Council but are themselves of a routine and noncontroversial
nature~ and
WHEREAS, It is desirable to expedite the public business and provide
additional time for deliberation by the Counc£1 on matters
requiring such deliberation~
NOW, THEREFORE, ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, as
follows
Section 1 When the City Manager determines that any item
of bus,ness requires action by the Council, but it is a routine
and noncontroversial nature, he may cause such item to be presented
at a regular meeting of the Council as part of a Consent Calendar.
Section 2 The Consent Calendar shall be introduced by a
motion'"To ~PPfove the Consent Calendar," and shall be considered
by the Council as a single item.
Section 3 There shall be no debate or discussion by any
member of the Council regarding any item on the Consent Calendar,
beyond asking questions for simple clarification.
Section 4 All items on the Consent Calendar which require
public-hearingS shall be open for hearing simultaneously, and the
Mayor shall announce, or direct the City Clerk to announce, the
tttXes of aX1 such items.
Section 5 On ob~ection by any member of the Council to
inclusion of any item on the Consent Calendar, that item shall be
removed from the Consent Calendar forthwith. Such object~on may be
recorded at any time prior to the taking of a vote on the motion
to approve the Consent Calendar. All such items shall be considered
~ndividually, in the order in which they were objected to, immediately
following consideration of the Consent Calendar.
Beet.ion $ Approval of the motion to approve the Consent
Calendar shall be fully equivalent to approval, adoption, or
enactment of each motion, resolution, ordinance, or other item of
bus~nees thereon, exactly as if each had been acted upon individually.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of
September 1978.
ORDINANCE 427-78 page two
ATTEST
VINCENT OeREILLY, MAYOR
Sue C- Pe%~r, City Clerk
FIRST READING September 6, 1978
SECOND READING September 20, 1978
EFFECTIVE DATE October 20, 1978
O
CI?Y OF KENA!
ORDINANCE NO 428-78
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEAN!, A~ASI(A
INCREASING ESTIMATED RL~v~NUES AND APPROPRIATIONS IN THE
A~OUNT OF $37,055 FOR TITLS II, ANTI-RECESSION REVENUE SHARING
FUNDS o
WERE~, Resolution No 76-68 authorized the City Manager to. execute
the Statement of Assurances required to obtain this funding, and
~ERE~S, Federal requirements mandate that these funds be spent
within six months of receipt, and
WSRFJt$, proper accounting practices require that all appropriations
of City monies be made by ordinance.
N0~ THE~EFORS, BE IT ORDAINED BY THE COUNCIL OF THS CITY OF
l~&l that the 1978-79 General Fund Sudget, Water and Sewer, and
the &uti-recession Special Revenue Fund be amended to reflect the
folloving increases in serrated revenues and appropriations.
'SPECIAL REVEhlUE F ,,l:J~, ,,
.~no~ease.Est~mated~ltevenues
Public Works Smployement Act o£ 1976
Title II, Anti-recession Revenue Sharing
$ 37~055
Approprl&ttons
TransCer8 to General Fund
Trans£ere to Water and Sewer Fund
27,955~~ $ 37~055
9,100 ',
Increase Estimated ~evenues
Trans£ers £rom Special Revenue Fund
Appropriation
Finance - Ot£Loe supplies
Machinery and equipment
$ 27~955
$ 2,000~
S00~ $ 2,500
O
ORDINANCE NO 428-78 page 2
A~propriations (continued)
C~ty Clerk - ~achinery and equ4pment
Communications - Nachiner¥ and equipment
Police - Transportation
Operating supplies
1,940~
1,010~
Fire - Transportation
Btreets- Repair and maintenance supplies
Machinery and equipment
Library - Machinery and equLpment
Books
TOTAL GENERAL FUND
8,000')
3,200.~
sso .
5,000.~-
4,500
250
2,950
1,005
11,200
5,550
27,955
WATER AND SEWER FUND
Increase Estimated Revenues
Trans£er~£rom Special Revenue Fund
Appripriations
Water and Sewer Bervices - Repair and Maintenance
Supplies 8,500
Machinery and
Equipment 600
TOTAL WATER AND SEWER
$ 9,100
$ 9,100
PASSED BY TIlE COUNCIL OF THE CITY OF RSN~, jj.J~8lOS, this 20th day
of September 1978.
ATTEST
--VINCENT O'~EILLY, ~LgYOR'
sue c Peter, city clerk
FIRST READING September 6, 1978
SECOND READING September 20, 1978
EFFECTIVE DATE October 20, 1978
CITY OF KENAI
RES~U?ION 78-142
,O
A ~SOLUTION OF THE COUNCIL OF THE CITY OF KENAI~ ALASKA ADOPTING
A POSITIONAL STATEMENT AS IT CONCERNS APPLICATIONS FOR REZONING
OF PROPERTY WITHIN THE CITY OF KENAI.
WHEREAS, the Kenai Peninsula Borough at the request of the Kenai
Advisory Planning and Zoning Conuuission has a grant to develop
a comprehensive plan for the City of Kenai,
WHEREAS, said Comprehensive Plan will be completed and effectuated
within the near future~ and
WHEREAS, in the opinion of the City Council it would constitute
unreasonable planning decision making to grant rezoning applications
without considering its effects on the new Comprehensive Plan
soon to be adopted.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City'of Kenai
that the Kenai Peninsula Borough Assembly and Planning and
Zoning Commission be apprised of the City Council position as. it
ooncerns the review of rezoning appl~cations in the City of Kenai
district. It is the opinion of the City Council that granting
any rezoning applicat~on within the City of Kenaif without taking
into consideration the newly-revised Comprehensive .Plan now
.author/zed, w~uld..con~t~tute.unrea~onable .land~se plannin~ and
decision making.
PASSED by the Council of the City of Kenai, Alaska, this 6th day
of Sept~mbe~ 1978.
ATTEST
VINCENT O~REI~LY, MAYOR
Sue C pe~er~ c~y'51e~k
CITY OF KENAI
RESOLUTION NO 78-143
BE IT RESOLVED BY THE CO[~CIT. OF THE CITY OF KENAI, ALASKA THAT THE
FOLLOWING TRANSFER OF MONIES BE MADE WITHIN THE KENA! WATER PROJECT
NUMBER 07-01-01684.
From
Contingency ~$1,50~
To
Project Inspection - Audit 1,500
The purpose of this resolution is to provide addit~onal funds
necessary for the completion of an audit by Coopers and Lybrand on
the above water project.
PASSED BY THE COUNCIL OP T~E CITY OF KENAI, ALASKA this 6th day
of September 1978.
ATTEST
VINCENT O'RSILLY, MAYOR
~UeCPeter, City Clerk
........ FINANCE APPROVAL: ~.~.~
BOX
KENAIo ,~.AGKA
REPORT FO~ THE ~0~TH OF JULY, ~78
Circulation Adult Juvenile Easy
Fiction ll6~ ~97 10~
Total Book CL~cu~t~on for Month b23b.
Yilna, Fhonodiscs, Pamphlets, .Perioalea~s 28T
Total Cireulstion for Month
Add~tion8 - Books
Gifts
Purchases
Remedie~ and Reworke~l Books
lnteFlibrar~ Loans Ordered
Books 37
Phonodtees/AV 30
lnterLibra~ Loans ~ .~ Mbr~
Received
Returned
23
Volunteers
Nunber 32
~ot~ Hours b82
Fines 8nd Sale Books
Lost, oF Damaged Books
Xerox
Donations for Books
~auitar~ Cabinet
$380.0~
a3.?0
88.a5
35.00
3.00
Tote~ Ineone for Month
$530,00
Borrower'o C~rde Zeeued July, 1978
103
~'7
31
6
188
I
iliiFpe~ll Im, mi~l I,~ Iht. Ali~,~u ~
THE BIgAR'S LAIR
P.O ~o~ 905
KENAI. ALASKA 99611
· ul¥ 19, 1978
President
C~tyo£ Xenai
P.O. Box 580
Xena~, Ak 995~1
Dear Sir:
.Th~s is a general notice and solicitation to 'interested
parties that the Sta~e o£ Alaska, Department of Natural
Re~ouroes, will be receiving of£ers £or'the .purchase o£
St~e-ownedroyaltynatural gas and/or qas liquids
the Prudhoe Say Field, North Slope o£ Alaska.
.Genera~Back~rou,~
The State of Alaska, as owner of the land on which the
PL~loe Bay oil £~eld ~s located, Possesses a one-eiqhth
royalty ~nterest mn oil and gas production £rom that field.
The State has the right under the leases and under the
Prudhoe Bay Unit Agreement to receive ~ts royalty ~nteres2
either in-value (money) or in-kind. It also has lit
to sell "in-kin . the abi y
o d 9as or oil under principles established
znAS 38.06. At the present t~me natural 9as and as
liqu~s produced in association with the oil ia be~:q
injected into the reservoir (w~th the exception o£ certain
quant~ties being used for field operations and a small
.9~...~lty. being sold to_TAPS_ for £uel to operate pump
~ons~._.Ho~ver~ with ~hePres~dent's ag~roval o£ ~h~
a ~. pzpe~lne ~o ~ransport natural gas from the North
Slope of Alaska to markets in the lower 48 states, it is
e.xpeof~d that natural gas (and perhaps natural gas
w~ll be available for sale in Alaska and the lower 48
states by the early or m~d 1980es. Up to one-e~ghth of the
gas which will be pr°duoed and available for sales could he
taken in-kind by the State of Alaska and marketed direct1
by the State. · Y
Pa~e 2
July 19, 1978
In January 1977, the State entered into contracts for the
sale of this gas with three major inter-state gas pipeline
companies -- E1 Paso Natural Gas Co., Southern Natural Gas
Co.~ and a subsidiary of Tenneco, Inc. These contracts may
be terminated if all permits are not issued by December 31,
1978. It ts expected such permits will not be issued, and'
the State w£11 then teminate these contracts.
T~metable
A t/metable for the proposed sale is as follows, (this t/me-
table is only approxhaate and it should be realized some
delay is possible)~
1. General Sol~ettation~ Present
2. Zndustry Reply Dueg
September 1.
Reply should includet
(a)
(b)
Statement of interest and discussion of
proposed in-State usel and
Recommendations on contract terms which
should be included.
Public, Legislative, and Royalty Board Comment on
proposed sales October 15.
Preparation of Draft of Contract~ December 1.
Preparation of Draft of Selection Procedure~
December 1.
Reply by Prospective Bidders and Public COncerning
Draft Contract and Selection Procedure~ January 1.
Revised Contract, and Selection Crtteriat
February 1.
Legislative Review of Contract and Selection
Crtteria~ February 1 -March 15.
Decision to Hold Sale~ March 15.
Subm£sston of Final Development Plan and Sealed
Btds~ March 30.
July 19, 1978
To aid interested parties in preparing replies to this
solicitation, contract recommendations, development plans,
bids, and other items, the State has designated the £ollowing
liaisons
Mr. Donald Wold, Executive Director
Alaska Royalty Oil & Gas Development
Advisory Board
323 East Fourth Avenue
A~chorage, Alaska 99501
(90?) 276-79?9
~e will work in conjunction with this Department and the
Alaska Department of Commerce and Economic Development
to help bidders prepare the best .possible offers and
development plans. All inquiries should be directed to
Mr. Wold.
! hope your firm can respond positively to this solioit-
ation, and can enter into a contract that will provide
sound in-State use of our resources for our mutual benefits.
Co~issioner
DItI'ARTMBNT E)F NATURAl, RE~OITIiCE~
LAND AND WATER MANAGEMENT
3327 Fattban~ Street
Anchocage, Alaska 99503
J~just 4, 1978
Ctty o~ Kenai
Box 580
i~-'mi, Ataska
99611
l~: Ataska ~:a~ of Hotticuttutal Sciences (ACL 200238)
~ ~m it ~ ~onc~ms
I~EP?. OF EN¥11IO,~,III~,,~TAL CO,~EII~,%Tldj,lq
The Honorable Vincent O' Rellly
~ayor
City of Kenai
P.O. Box 580
Eenai, AJ. aska 99661
Dea~ ~ayor O'Reillys
Zn 1977 Governor Had.nd designated ~he Depa~ment of EnvL~o~ntal
Conse~atLon aa ~aska's le~ agency ~
p~ovLs~ona o~ ~e Feds:al ~a~rcG Conse~ation ~ ~cove~ ~ct o~
1976, ~l~o Lay 94-580. O~ such p~LsLon ~ ~e ~dent~catLon o~ '
a~rLate ge~raphic ~eas as solid ~ste ~ag~en~ ~eg~ona. ~no~er
La ~e ~o~n~ /~nt~fLcatLon ~ Sta~ ~eg~onal ~d local o~Lc~als of
agencies w~thin ~e id~tif~ regions ~ pl~ and eventually ~l~n~
~e ~1~ f~ 8o~d wa8~ ~g~ent wl~i. ~he region,
· he D~pa~tm~nt is identifying, by ~dmisLetra~ve Code Regulations, six
geoqraph~c a~eae as being appropriate regions. These are the
area within
(2) area within
(3) a~ea within
(4) area within
(S) area within
(6) area within
the boundar~ of the L~un~cipality of ~raqej
the ~~ of ~e F~b~s No~ S~r Boroughp
the ~y o~ ~ cit~ ~ aor~h o~ ~eau~
~he ~~ of the Ke~ Pen~la Borough;
the bo~d~ of ~ City ~ Borsch of Si~a~ ~d
~he ~y of ~ City of Valdez.
The n~xt 8~ep ms the ~oint identi£ication of agencies, #e propose to
a~complteh this by ~ltt~ agze~nt ~t~n o~ agency ~d ~e regional
~ 1~ agencies ~ving solid waste p~ers wi~in the regis.
We preS. se to identify the City of Kens/ as the agency ~espons~ble for
plannir~ and ~nple~entation of solid vests man~ment pro,ram within
the boundaries of the City of Kenai.
lack of it, in ~it~ng.
regarding a ooncur~enceo
If you concu~ with our proposals or wish to p~opose different responsibilities
for yours or othe~ agencies, please acknowledge your concu~ence,' 'or
¥ou~ letter should also include any con, lt,,ns
C,~tssioner
PROI~3SED A~.~ff,~-X~S TO SOLID bASTE
[.tANAGE)I~ PJiGJLATIOES
November 1977
(Revised April 1978)
18 AAC 60.115. IDENTIFICATION OF SOLID I(ASTE bt~NAGE~IETf REGIONS.
(a) The department ~rill ident-£f? appropriate geographic areas as solid
waste management regions as required by the Federal Resource Conservation
and ReCovery Act of 1976, Public La~. 94-580. Prior to identification,
the deparlzent, will examine, the. following_ characteristics of, the .... area to.
determine the effects of 2dentlfication upon the department s solid
waste management goals of reducing or minimizin£ land. air. and water
pollution and other environmental degradation, ~educi{g p~lic healt~
and safety hazards, and increasing resource conservation and recovery;
(1) existing geographic a~d political bounda..ries;
(2) existing planning processes;
($) size and population of the area;
(4) type and quantity of solid ~aste generated;
($) transportation systems ~ithin the areas and between the
area and existing recycling ~arkets;
(6) existence of or ease of establislwent of a regienal
planning agency approved by agencies with solid waste management powers
and responsibilities;
(7) potential for eliminating duplicatory solid waste management
functions; and
(8) economic and environmental impacts expected.
(b). Any person may nominate a geographic area l¥in~ outside the
areas specified in (c) of this section for identificatio~ as a solid
waste _management region by the department. Nominations must be submitted
to_ t.he depar~ent in wiring and ut include an analysis of ho~ identification
o~ the a~dittonal area will meet the goals specified in (a) of this section.
(c) The following geographic areas are identified as solid waste
mnngement regions:
(1)
area ~rlthin the boundary of the I~nicipality of Anchorage;
area within the boundary of the Fairbanks' North Star Borough;
area ~rithin the boundary of the City and Borough of Juneau;
area within the boundary of the I/enai Peninsula Borough; .
area ~rlthin the boundary of the City and Borough of Sitka, and
area within the boundary of the City of Valdez.
AS 46.05.020(8)
AS 46.03.020(9)
AS 46.03.020(10) (A)
AS 46.03.020(10) (E)
46.03. o2o (lo)
18 AAC 60.020. SOLID $~'ASTE M.I.'~G~IE,~T PER'dlT.
(h) The department will issue a permit under this section if the
applic, ant demonstrates that;
(1) the disposal facility met~ .'.le requirements of this
chapter~ ch. 50, 70 and 72 of this title, and all other applicable parts
of the' Alaska Adntinistrative Code;
(2) the establishment or continued operation of the disposal
£acility.will not result /n avoidable proliferation of the solid waste
disposal facilities in the affected area; and
AUTHORITY: AS 46.03.020(10)(A)
o AS 46. 0~. 020 (10) (E)
AS 46.03.020(10) (E)
AS 46.03.100 (a) '
AS 46.03.100 (a)
· AS 46.03. ll0(d)