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HomeMy WebLinkAbout1978-11-01 Council PacketCOUNCIL PACKETS Iq"/ NOVEMBER Kenai City Council Meeting Packet November 1, 1978 Co Do I{I','NAI CITY COIINCILf-- REGIII,AII MEETING NOVI.:MllER ]. 1978 · ?: 00 P.M, KENA! PUIII,IC SAFETY IIIIILDING PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL IIEARINGS 1. Ol.dinanee 443- 78, Establishing n re~erve for .qewer Treatment Plant hYprovemen/s 2. Ordinance 444-.78, Iner(~nsing esttrnnted revenues/npproprintions by $28,500 Title I1, Anti-Recession Revenue SharinF. Funds 3. Lease - Union Oil Company PERSONS PRESENT SCIIEDULED TO lie llEARO 1. John Amundsen - Thompson Park resident MINUTES 1. Minutes of the regular meeting of October 18, 1978 2. Minutes of tho special meeting of October 21, 19,]8 E. CORRESPONDENCE F. OLD BUSINESS O. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Requisitions exceeding $500 3. Ordinance 445-78, Appropriating $3,477 - purchase of road grader 4. Ordinance 446-78, Inereaning estimntcd revenues/appropriations by $4,500 in the Capital Project Fund entitled "Facilities Design" 5. Ordinance 447-78, Declaring certain buildings & related equipment surplus 6. Ordinance 448-78, Inereasln~ estimated revenues/spproprietions by Capital Pro{e~t Fund entitled "Forest Drive %Vaterline" ,]. Resolution ']8-I73, Approving contract with CI121~I lift{ - l?epair of Airport runwny 8. Resolution ,]8-179, Transfer of funds to provide additional monies for advertising 9. Resolution 78-180, Resoinding Res. ,]8-15,], relative to the release of public information I0. Resolution 78-181, Accepting pfrant offer from EPA for .~$, 000 Il. Resolution ,]8-182, Transfer of funds - LPW Capital ProJc,~t "Redoubt tVsy Pavin~f" 19-. Resolution ,]8-183, Transfer of funds - tvaum Stora~ge Facility Winterization 13, Resolution 78-184, Awm'd of bid - winterization of 1'~'arm Storage Facility 14. Resolution 78-I$5, Award for Water and Sewer Enl~ineering 15, Disoussion - R. Lee Seafoods permission to utilize gravel 15. Discussion - Insurance for Liquor Legal Liability 1,]. Payment to R~J.I Consultants for Airport Road Project quality control testing :18. Payment to CII2M llill - Sewer Treatment Plant Modification Contract Doouments 19. Payment to Ted Forsi & Associates - Kcnai tm'aterline 20, Proposal for editorial work and printing of the Kenai Municipal Code 21. Amendment to lease - Baldwin, Rogers. Arness & Arness 9.2. Amendment to lease - Airport Terminal Facility - Kenai Air Service 23. Change Order Numbe~-s 1, 2 and 3 ~ Brown Construction 24. Lease of IVarm Storage Fseility for Airport Equipment 25. Disoussion - Tidelands lease ~ Kenai Native Association, Inc. 26. Discussion - Kcnai Utility Se~vtce Corporation settlement 2~. Discussion - Addition to Animal Shelter snd City Shop 28. Perlodie Estimate #6 ~ Rockford Corporation REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning ~ Zoning Commission V. Kenai Peninsula llorough Assembly MAYOR ~, COUNCIL - QUESTIONS AND CO,~IMENTS PERSONS PRESENT NOT SCIIEDULED TO lie tlEARD ADJOURNMENT COUNCIL MEETING OF ~ SETTLEMENT OF DISPUTED CLAIM The Kenat Utility Service Company (KUSCO) has requested reimburse- ment for costs of relocating parallel gas mains, intersecting gas mains and service lines. The basis for this claim is ihat, while relocation of such gas lines by the franchise agreement is the sole responsibility of KUSCO and is to be without cost to the City, the City was allegedly in violation of the terms of the franchise ?greement by failure to give adequate notice of the basic road work, i.e., the reconstruction of five (5) streets (LPW 07-51-26998). Therefore, the basis of the claim is "was adequate notice given of the road work" in accordance with the franchise agreement. The City claim& all utilities were notified of the proposed work well in advance. This notification applies to the final design, bidding and award of the contract. KUSCO claims such notification was informal and had insufficient detail in order to obtain clearly a response from KUSCO or to permit KUSCO to adequately plan the necessary work. While the City contends that adequate notice was given to all utilities, the legal question revolves around an interpretation of the franchise agreement as it pertains to notice. Therefore, the issue involves a disputed claim, which if no agreement could be reached by the parties, would ~ave to be determined through Judicial proceedings. In order to minimize the losses by both parties that would result in all litigious determination of this matter, the City agrees, and KUSCO will accept as full and final payment of its claim, the sum of Five Thousand Six Hundred Thirty One Dollars ($5,631). Furthermore, and apart from the above agreement, the City intends to prepare for consideration an ordinance establishing procedures and guidelines for the proper placement of utilities within public rights-of- way, and the written formalization of basic notice practices between the City and utilities. Such an ordinance, should it be passed, may include some of the following: 1. Written notice of design work to ali utilities of all Public Works projeets in a dedicated public right-of-way and a required response from the notified utility. 2. A written notification by the City to engineering firms with the instruction that utilities be given due consideration in planning so that the formulation of plans will have the least impa~t on utilities but will be consistent with good design. 3. Consideration of construction impact of application of utilities and justificatlou of x.eiml~uraablc co,ts through fcclcx'al grantc whcrc funds for such specific costs are available even though such relocation costs are strictly the utilities' responsibilty. 4. Notification of utilities of invitations to bid, bid opening dates and a required written response from the utilities of such notification. ,, // DATED this.;~. 'day of //:/,'/~:,~.., ,1975. CITY OF KENAI John E. Wise, City Manager By: KENAI ~ITY SERV.~E~COMPANY By: / .~"(ti I' "-',/('~ " ~_,>~.',, .~"f-"~- ['O'scar L. Thomas, Vice-President -2- _ Imm = _ :L 07-51-20074 PERIODIC EST]MA'~E FOR PARllAL PAYMENT ' . _Improvements ~o Water Supply & Distribution System, 1977~..Kenat, ^laska ..... RocLford Corporation ~4 Huckleberry Street _Ancho~age,. Al.a~ka... 99~0~ ........................................... ~cmoo,c ESTi.&TE'.O..__6._ __~ ,o. Pr.,o~_Atigus.t, .9 .... ,~7.8_. ~o October 2.?.~Z8_. i. COST OF WORK COMPLETED TO DATE UNDER ORIGIHAL CONTRACT ONLY ~-:nuJes must be llmi~cd tu ~.,'.,rk and cn~c~, un,Jet cbc o~i~ma) ~nl~cl .m~'. (~'or~ and co~ daza under chan~e mdr~ i~ tn ~ sl,,~n in }'..rt 2 (,I this fo~m.) Columns (Il thh~h (~L }'me~ dina sT, own in columns ], 2. ~, 8 and ~, rc~E.,.~r;v~.ly. Columns (6) a~ (7). Sho~ all ~*o~ com[Icled to daltunde~ original com~acl. Column {al. ~'me~ t~ difftience between cm~ies in columns (~) and (7). Column (9). ~m~' p~rceni ra~io of column (7)m column (SL NO. DESCRIPTION OF ITEM Su~ttals Tank Fabrication and Oeltvery Stte Work Tank £rectton Installation of Corros~0n and £1ectrfcal Painttng Foam AppHcat~on IOT&L OF COST COLU~IS -0- 113,390.00 75,293.00 25,690.00 51,400.00 59,000.00 $~,000.00 -0- ~23,227.00 113,390.00 75,293.00 25,690.00 5~,400.00 59,000.00 -0- /' ~, ANALYSIS OF ADJUSTED CONIRA~.I AMOUNT TO DATE 4. ANACYSIS OF wORK PERFORMED ~ ' "~ " ' '~ ............... O~]y ..... ' ~ --* ....... Dexter F. ~tth ,. CERTIFICATIO~ OF ARCHIJEC1 0R ENGINEER knowJeJ~e and ~lief it is a II~ and emrecl stJtcmcnt Sijned '. PRE.PAYMENT CERTIFICATION BY FIELD ENGINEER /' 1 Ordinance 443-7~ establiohe~ a half million~'dolIar sewe treatment pla t improvemonts. oun lman Whelan re ue t t k this and it was introduced at the last me~tin~. This establisheh~ a drawing account of $400,000 on the General Fund. Once those~,~% monies are utilized by the sewer treatment p~ant improvements, would have an obligation to pay the Sen al in e es on monies borrowed. ~ ~ .× 2 Ordinance 444-78 increases esti~ted revenUes/appropriations~ $28,530 on the Anti-recessionary Revenue Sharing program. The Council should be aware that Congress has killed this program and there will not be any more funds available under this program. We are actually over appropriating and do not have more than $24,000 in unallocated cash in this account. However, we have more than $10,000 previously appropriated and unspent. It is important to see that all Federal monies are properly spent and nothing remains. In order to balance the program, we are deliberately asking for an over appropriation. Within this program we will freeze certain funds administratively and restrict them'from encumbrance to TM insure that we do have sufficient funds and do not over obligate monies. We know now that there are in various accounts small dollar amounts adding up to a minimum of $1000 that we will zero out and add to this program to make up the deficit. Although technically we do not have these funds, we will guard our funds to be sure that we do not overspend. To insure that we spend all the funds available, we may spend $101 dollars if we have $100 in an account. The excess would be charged to whatever General Fund account the Department would be using for the particular purchase. Wiping out the Federal funds is important because we will receive an audit on it. 3 Hearinq about Union's lease of land for drillinq - An ad has been placed locally and all property owners within 300 feet have been notified by letter. PERSONS PRESENT SCHEDULED TO BE HEARD 4 Mr John Amundsen of Thompsen Park will address his problem with his house adjacent to Fern, one of our recently-reconstructed streets, which fronts on another street. Apparently there was at one ti~.e a back driveway to the house. ~owever, the main driveway/garage access is from the other street. When we planned this construction, we did not provide a culvert for the old trace back driveway. Mr Amundsen is now requesting we do so. I have responded that it does not seem appropriate and can find no justification for it although I have informed him of his right of appeal to City Council. We do have pictures of the area and will make them available to the Council at the proper time. ....... Jl~_ ITl_ I I1 NOVEMBER 1~ 1978 - page 2 NEW BUSINESS 5 Introduction of Ordinance 445-78 will appropriate the shortfall of $3,477 for purchaso of a road grader. This will be done from F~d~l R~v~nu~ $1,~i~g m~nies to cuv~ Lhd~ ~hort£dll contract the Council authorized at the last meeting. 6 Ordinance 446-78 asks for an appropriation of $4,500 to ]lave CH2M Mill proceed with step two grant application for the design of the sewer treatment plant and appurtenances. At the last meeting the City accepted the facilities plan and we now need to move for a grant to authorize the design work to be done. We plan to have the &d ~oc Committee of the Council meet with CII2M Hill during the Alaska Municipal League for briefing on their program of design and anticipated cost of it. We hope to have this grant application ready for the Council on November 15. We do need to move quickly so construction can begin next year. 7 Ordinance 447-78 declares certain buildings and related equipment surplus. This relates to the old well building that has been disconnected. These need to be done away with and this Ordinance identifies them and puts them up for bid. 8 Ordinance 448 will add a small amount to the Forest Drive water line project ~0~6over th~ short fall determined by State audit. This will close the project. There were some disallowed items in the audit for which we will not be reimbursed to the full 50%. We need to appropriate this $182 to clean up the project. 9 Resolution 173 approves the contract for CII2M ~ill for repair of the'~port runway. This was on the agenda at the last meeting, but we had some problems with the money numbers. The City Attorney and Department of Public Works are working on the precise language for the ownership of documents. That will be available for you in final form Wednesday night. 10 Resolution 179 transfers funds for additional monies for advertising. Our costs for th~'s are concentrated in the City Clerk's budget and have been heav¥.'Tb~ads..have ~en very expensive in all the papers. We simply have been running out of funds, 11 Resolution 180 rescinds Resolution 157 concerning public information and will establish a simple policy for the release of public information. 12 Resolution 181 accepts grant offer from EPA for $6,000 is for the smoke 'testi~g w~ch occurred eight months ago. We had been assured by EPA that they would fund it, but they did not want to process the paperwork then and now the final grant has come through and we need to properly accept it. 13 Resolution 182 transfers funds to provide within the Redoubt Way pav~ng project payment of bills to R&M for quality control testing which will appear later. ~' ""~ . CITY MANAGER'S REPORT '"' '[! 9 NOVEMBER 1, 1978 - page 3 · '. l~ 14 Resolution 183 transfers funds within the warm storage ' FI ~, winte-~t~ p-~'ram. Based on our b~d..~' we received, we need to transfer all our money into construction and program quality inspection done by City crews. Thus we can make an appropriate award. 15 Resolution 184 is the actual award of the winterization of warm storage program. Again, the bids were considerably higher than we anticipated and there are some things that we simply cannot do. In bid preparation, we insisted that several deducts be included so that we could properly utilize the funds we had. We. are recommending deduction of Deductive Alternate Two which is the wainscoting and by transfer of funds to really buck up the constuction effort we can get the basic project accomplished. 16 Resolution 185 is an award of additional water and sewer engineering under the CEIP Program to properly use the shortfall underrun we had as a result of the last award. This Resolution is essentially blank since we will not receive these proposals until the 31st. We will have them available for the Council at the meeting. 17 Discussion of R-Lee Seafood's permission to use'gravel/ This letter is indeterminate and was prepared some years ago. I have directed R-Lee to cease and desist using gravel from the pit. My basis for doing that is the proposed lease of the pit land to Union Oil. However, the Council should take action in this matter. 18 Discussion of insurance for the City for the liquor license in the ~irport Terminal. ~i~ce we are named on the license, we are Su'b~ect to suit an-~-liability based on action within the bar. I believe the letter by our broker is self explanatory. 19 Request payment to R&M Consultants fo~ t~sting on the air~ort parking lO~. Bills have been received and approved. 20 Request for payment to CH2M Hill for sewer treatment plant modific~ti6n ~ohtraCt ~ocum~ts. This should be 'the 'fln~l payment on this program as we have notified the State that we are not proceeding with this project. 21 Request for payment to Ted Forsi & Associates for his work on the Kenai water lines pl'~s Thompson Park and Fifth Street extensions. 22 Discussion item for the proposal for work on the editing and Printing of the Kenai MuniCipal Code. Incidentally the funding is provided under Ordinance 444. This will be discussed by the City Attorney. ~l%endment to lease for Baldwin, Roqers and Arness for Lwu ].L~ni~. On~ th~ n~w ]ease modifications resulting from Ordinance 400 with Amendments adopted by the City and secondly an Assignment for take-out £~nancing. 24 Amendment to lease for the Kenai Air Services'~ aka Kenai Air Alaska, pl~-~-~-6-~-~ The ~a-~ ~o~-~n~ ~-~ ~erate a rental car business from their facility in the Terminal. 25 Three Change Orders for Brown Construction's work for the Cit~. These 'need to ~e handled in this way so that the additional work done and reasons for it can be clearly identified. There is one Order that we have questions about and want the Council to be fully aware of. That one is the additional work on Fern for the deletion of Lupine. There is some question surrounding the additional cost of materials. 26 Lease with Jim Carter, Sr for the Cit~ leasin~ the han_n_~ south of t~Old r~-~w~r--~ for warm storage. This also was funded under Ordinance 444. 27 Discussion of Tidelands lease to KNA. They are interested in building a fish processing facilitY with'dock adjacent to the now Salamatof Dock area. One thing they need is a Tidelands Lease . which is owned by the City. My comment to KNA was that we have not prepared any plat of any such Tidelands area. The normal lease of Tidelands is so low that it would be a tremendous cost to the City O to prepare a survey at this time. It would take longer for the City to do it than it would for KNA to do ~o at their own expense. I believe their processing is moving in this direction. Since they ~e asking for approval dates of the 15th, I wanted to be sure the Council knew that KNA was interested in a project of this type and magnitude and be aware that such a lease is beiqg developed. ~m{nistration and attorneys'have met with Oscar representing 28 A~:.. ....... ~ ~ ~'"~°,,lt of that discussion a memJran---~um KUSCO. We nave ~rai~u ~ ..... o--~derstanding with the proposed settlement. This will be presented to Oscar before the meeting for his review and concurrence since it must be mutually acceptable. We feel the Council can then settle on behalf of the City and preclude any further claims in this matter. 29 Discuss additions to the animal shelter and city shop with the ~0uncil. We are working on some cost data and you h~ve the sketches that were provided in the Public Works reports at the last meeting. We need guidance as to the Council's desires for these particular projects. 30 Pay estimate for Rockford which will be for your consideration. CITY OF KENAI P. O. BOX .580 KENAI, AI. ASKA 9961 ! TELEPHONE 283 - 7535 October 27, 1978 TO: SUBJECT: ME,lO John l~'ise, City Manager Keith Kornelis, Director of Public Works l~'hat's llappening Report for City Council Meeting on November 1, 1978. 1977 STREET I~IPROVE~II".NTS - FORF. ST DRIVE, KAKNU I~'AY, Ix'ALKER LANE, LUPINE DRIVF., AIRPORT IoOOP, LILAC STREET The City of Kenai, IVincc/Corthell, Mci, ant Surveying, Mark Raymond {Inspector from PMA), and llro~n Construction Company have narrowed down the descrepencies on final quantities for these projects. There are some differences of opinions conceruing these quantities, but it is hopeful that these differences will be alleviated hy the November 15 Council Meeting. Final quantities have been arrived at, but they are not accepted by all parties. 3 MILL1ON GALLON I1/ATER STORAGE TANK Change Orders No. 3 and 4 have been approved verbally by E])A and DEC. At this time we have still not received anything in writing from either agency. Rockford Corporation has started on these Change Orders and should have a pay estimate here in time for the November 1st City Council ~feeting. PUBLIC IVORKS CAPITAL IMPROVEMENTS PRIORITY LIST I think it is very fortunate that the City of Kenai will be receiving a new Cat 14-G Motor ~rader. As I have mentioned in my last four reports, there are many items that the City of Kenai still needs. The Public l~'orks Department, at the request of a Council ~lember, has sought out and obtained some information concerning building a lube rack and grease dispensing reels enclosed in a lean-to on our present shop building. This information will be made available to Council at the up coming Council ~eeting. With the new Cat Motor Grader that ~ee will be receiving shortly, the Department of Public Works will have two Motor Graders on the streets. It is the Public l~orks recommendation that a third Motor Grader be purchased. The Public ~orks Department is anxious Memo to John l~'isc Page 2 October 27, 1978 to move into the new Warm Storage Building that we will be renting this i~Jntcr, but :;omc thought shut, Id l,c g~vm, to I,urclmse oF such a building for storing our eqnipment. As I have mentioned earlier, there is a drastic need fei- renovation of the gas and diesel pumps at our shop. An addition to the Animal Shelter and a portable generator that can be used for the operation of our water systems at both well houses are also needed. WINTERIZATION OF TIlE t~/ARM STORAGE BUILDING Bids were received on Thursday, October 26, 1978, for the Winterization of the Warm Storage Building. There were three bids received, and their prices are reflected in a Resolution coming before the Council on November 1, 1978. The El)/% representative in Seattle has stated that there are no additional funds available for this project, lte also stated that the wainscot may be an integral part of the project but that ].f the City.' 6f Kenai mentions that it will attempt to do this wainscot in tile future as money becomes available, it would be acceptable to him. GRAVEL BI D I talked with the two individuals who submitted bids on October 11, 1978 for furnishing the City of Kenai with gravel. Both parties were not enthusiastic about hauling and stated that they would be satisfied with hauling just a portion of the gravel that was needled. Therefore, I made arrangements to have them haul 475 cu. yards of gravel at $5 a cu. yard and approached the Council Members for telephone poll approval. This approval was granted and will be handled by way of ratification of bills over $500 at this upcoming November 1 Council Meeting. $150,000 CEIP ENGINEERING FOR WATER AND SEWER The Council of the City of Kenai awarded the Contract to Wince, Corthell, Bryson, and Freas for extending the sewerline down Airport Way and on out Willow. The Council also awarded the Contract to Ted Forsi and Associates for water and sewer on the Spur Highway, water and sewer on Main Street, water and sewer in East Kenai, and water in Inlet View, Central lleights Subdivisions. After these projects were awarded, there was found a considerable amount of funds remaining in the CHIP Grant. I was therefore directed by the subcommittee on Public Works to ask for additional water and sewer project proposals under this grant. These projects include: 1. Engineering water and sewer lines from thc Kenai Spur Road along the Bridge Access Road to Beaver Loop. 2. Water Loop from the Bridge Acces's Road along Beaver Loop back to the Kenai Spur Highway. 5. A further extension of the water line in Thompson Park. _ ill__ . illOI · Memo to John Iqise Page 3 October 27, 1978 Ted Forsi and Associates is presently designing a water linc that h'ill cxtcr~d otil p~csc,/ wat~.r s)-stcni from the Spur and Beaver Loop Road to Dogwood in Thompson Park. This item would be to further extend this water line along the Kenai Spur llighway to Lupine Drive. A water line loop tie-ins on Spruce and the Kenai Beach Road. This water linc would tic in the dead ends that occur from the new Sewer Treatment Plant and from the old Scwer Treatment Plant and from thc dead end on Spruce Street. These proposals are to be in by October 31, 1978. Thc Public i~orks Department is hopeful that thc Public l~'orks Subcommittee will meet either after 2:00 p.m. on October 31 or during the day on November 1, 1978 to discuss and come up with a recommendation for awarding these additional engineering projects. CITY CREI~S The Shop Crew has repaired the lights and replaced the over-flow alarm on the Sewer Treatment Plant Tanker. They have checked the new water and sewer pick-ups. They have rebuilt the dog cages for the animal control pick-up. They have rebuilt and installed a haudralic pump in No. 22 dump truck. They have built a roll bar for Pick-up No. 8, the new water and sewer pick-up. They have repaired the brakes on No. 22 dump truck. They have installed first aid kits, fire estinguisher kits, and flare kits in thc new pick-ups. They have installed a new bumper, wench,:and light bar on the new No. 8 water and sewer pickyup. They are starting to mount the snow tires on our police cars and they have continued with the regular maintenance on our equipment. The water and sewer crew have been cleaning out the sewer lines in the old part of town. They have maintained and operated the well houses and changing chlorine bottles and continuing with the work on inspection and maintenance of the lift stations. They have made inspections on new water and sewer lines. They have worked on the new water and sewer equipment. They have installed a new eye wash in the Shop. They have dug a trench for telephone communications to the animal control shelter. They have brought in water into the ~arm Storage Building that is going to be paved shortly. They have brought in compressed air into the same building. They have also worked on the water storage tank and read water meters. The street crew has been blading the streets. They have worked on street signs. They have picked up gravel and mud on paved streets. They have been working on dressing up the sand pit to enable us to use sand ali winter. They have mounted the snow plows on the dump trucks for this winter's snow removal operation on the airport. They have gotten the new radios mounted in our new equipment. Memo to John lqisc Page 4 October 27, 1978 They haw. b~ilt and helped install with the waler and sewer crew a new ligilt pole for the library. They are also making a sign for the entrance to tile library. They have also been placing the newly acquired gravel on thc City streets. Next week our street crew will be making a new sludge-holding log crib out in our sand pit since our present omc seems to be full. They are also completing tile drainage work at tile end of I~'alker Lane in an effort to be ready for this spring's run off. This particular work was in the original design for I~'alker l,anc for Brown Construction to do. Since we are so late in thc project and have actually told Brown that we would not require ITim to do it and since he has stated that he does not want to do tile work, our City crews will complete it. This meets with the approval of the Public iqorks Department. On October 19, 1978, the City of Kenai and Homer Electric met with the ~otorola representative in a discussion on our Intract 2000 System. ~vidently, Itomer Electric is also installing such a system so we met together at the Public Safety Building to discuss the maintenance and operation of this equipment. It looks as though we are finally going to get the telephone for our animal control building. This will help the girls in our office considerably and will give Ron, our animal control officer, more time and convenience in responding to found dogs. Very shortly after this is installed, we will have the phone answering system set up which will give 24-hour message receiving and sending capability. R. Lee Seafoods is taking the old Imhoff Tank down and cleaning up the area. I believe they have DEC's approval to dump the sludge that is in the Imhoff Tank and their work sl~ould be completed shortly. They have asked the City of Kenai if they could dump the broken up concrete from this building somewhere within the City limits. The City Engineer is working with the Corps of Engineers in an effort to somehow use this concrete to protect the bluff area. Unfortunately, there is not that much of this concreto~and it is questionable if it would be of any help. There has been a landslide behind Glad Realty on the Bluff recently. The erosion problem in this area does not look good. There is deep layer of clay at the bottom of the bluff with a considerable amount of ground water flowing through the gravel over this clay area. Above this there is twenty or thirty feet of sand. This underground stream seems to be tmdermining the area, thus causing drastic erosion. It is hopeful but doubtful that the Corps of Engineers or the Public ~orks Department can come up with an economical solution. KK/jet KBNAI PENINSULA BOROUGII AGENDA FOR TIlE REGUI,AR ASSEMBLY MEETING OCTOBER 31, 1978; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING F. O. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA-' CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY SEATING OF NEW'ASSEMBLYHEMBERS {a) Oath of Office, 1. John Crawford, Seldovia 2. Keith Campbell, Seward AGENDA APPROVAL MINUTES: October lO, 1978 Assemblymembers ~rness 9 Campbell 7.5 Cooper 10 Corr 9 Crawford 4 Davis 9 Dimmick 9 Douglas 9 Bison 10.67 Fischer 9 llille 10.67 Long 9 Martin 9 Moses 11 ORDINANCE HEARINGS BeCloud 7.5 '1 Ambarian 10.66 (a) Ord. 78-36 "An Ordinance Repealing Chapter 10.08 of the Borough Code, ,~ and Enacting New Chapter 10.08 Bstab- ~h.j~y~''/ lishing Uniform Clean Air Standards b~-//,~ and Emmission Regulations in' the Cook (.A""lJd Inlet Air Resources Management District" ~,.L~ (b) Ord. 78-S4 "An Ordinance Amending Certain Portibns of the Kenai Municipal District Zoning Code l~ith Regard to Permitted Uses-- - and Administrative Procedures" . . (c) Ord. 78-55 "An Ordinance Amending the ~/ ~~' Kenai 'Nunicipal District Zoning Code and,Y "~_,~ Modifying Certain Permitted Densities an~ ~f'~ /~~ Uses l~ithin the Kenai Municipal District"/d.// ~ ( /z/, ' (a) Ord. 78-58 Providing a Comprehensive ~ · ys~~-f Records Management, Re_tention' (b) Ord. 78-59 "Providing a Procedure for the / Control of Lands Sold or Transferred in / Violation of the Subdivision Ordinance" / '(c) Ord. 78-60 "Providing a Uniform Date £or ~he Final Acceptance of Applications for Tax Exemption" PUBLIC PRESENTATIONS (with prior notice) (a.) Mr. Steve Vaue~; billing procedures CO~I I TTII, E REPORTS 'Cook Inlet Air Resources Mgmt. (Da. vis/Long) (c) OEDP (Fischer/Moses) · (d). Finance (Ilille/Cooper/Czmcford/McCloud/ Corr/Douglas) AGENDA FOR OCTOBER 31, 1978 Page 2 (e) Solid Waste (Fischer/Martin/Cooper) (f} Roads and lrails (Marrin/Corr/l,ong) Cg) Ports and'ltarbors (Arness/Campbell/Anb~rian) · Ch) Local Affairs (Campbell/Ambarian/Dimmick/ Arness/Coopor) J, MAYORtS REPORT Ca) Memo 79-27 "Service Area Formation - Port and ltarbor and Water Resources" K. SCItOOL CONSTRUCTION REPORT L. OTItER BUSINESS (a) Res. 78-II6 "In support of the Location of the' Alask'a Petrochemical Company Facility, At W{ldwood, and Adopting the Use of Tax Incentives to Promote Industry in the Borough" and Memo (b) Request for Waiver of Penalty and Interest, Arco Chemical (c) Tax Adjustment Requests M. MAYOR AN~ ASSEMBLY: COMMENTS AND DISCUSSION N. PUBLIC PRESENTATIONS O. INFORNATIONAL ~T~RIALS AND REPORTS (a) Minutes 1. School Board "News in Brief" 10-16 t 10-2-78 2. KPB Plat Committee 10-9-78 3. So. Peninsula Ilospital S.A. 8-16 i 9-20-78 4. Bear Creek Fire S.A. 9~1~-78 (b) Other ~iscellaneous 1. Status Report on CEIP Water Stud~ 2. Motion to take Ord. 78-22 from Table ~. Motion to A~end Ord. 78-52 4. Letter from Vincent-O'Rei11¥ 5. Letter £rom NACo Re J. Elson's appointment Liquor Likense application for trans£er PIT BAR ?. A~IL BULLETIN: Schedule for Annual COn£erence P. NEXT ~ETING: November 6, 1978 Board of Adjustment and November 14, 1978 Regular ~eeting P.O. BOX 1210 WILDWOOD KENAI, ALASKA 99611 October 19, 1978 City of Kenai , ~ , ~ I .t/ / / ,..~ As we discussed on October 17th; the ~enai Native Association plans to construct a $3,000,000 f~sh ProcessinR plant and dock with a boat li~t and grids. ~he location will be on a one acre parcel within Govern~en~ ~ot 8, Seco and the adjacent city owned t~de~andso It is therefore necessary for the Kenai Native Association ". to request a 55 year tidelands lease from the City so that the plant and dock can be erected. A plot and description of the tidelands the Kenai Native Association is interested in is being prepared by ~falone Surveying and will be ready ~.shortly. However, in order to expedite process~~~~ application a rough plot and description is: ............ The tidelands consisting of that area from the meander --.--'~,,-~'~*~',.~.~.~i line adjacent to the one acre parcel within Government · 1pt 8, Sec. 4, TSN,RllW,SM, thence SW 100 feet along a ........ :"' line adjacent to ATS 82, thence SE approximately 400 -~ feet parallel to the meander line, thence NE ,pprox- '* 'imately 100 feet to the meander line, thence NW approx '* imately 400 feet along the meander l~ne to the point of beginning. A plot is attached to show the area described ! hope the above wi.~l 'be sufficient for you to initiate ~,$he issuance of a ~idelands lease. We believe the construc- ,~/ion of a $~,000~000 plan~ will not only generate additional property and raw fish taxes but also additional employment. It is our hope that you will ~ct quickly since we want to be ~n operation for the 1979 £ishing season and time is o£ essence.  ~.T~rely' F~nancial &~anagementAnalist ~~ I P. O. BOX 580 - KENAIo ALASKA . PHONE 283.7535 LEAS~ APPLICATION Name of Applicant__. .... Kenai. Native Association, Inc. Address P.O. Box 1210 Kenai, Almska Business Name and Address same Kenai Peninsula Borough Sales Tax No. (if applicable) 3L-OO124E State Business License No. (if. applicable) BL 79065 Telephone 283-4851 (Check One) Lease XX Permit Lot Description Tidelands adjacent to one acre parcel within Gov't Lot 8 Sec. 4,TSN,RllW, S.M. Desired Length of Lease: 55 Years Property to be used for Construction of dock for fish processing plant · Description of Developments (type, construction, size, etc.) Fish Drocessin~ nlant, dock. storage area, boat lift and boat ~rid~,,, Attach.development plan to scale (1" = 50'), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date November 15,1978 Proposed Completion Date June 30, 1979 Estimate Value of Construction ~ 3,000,09P,' Page 1 of 4 On this sheet submit a 'd~ i '"' Stale: 1" ~ ._.~ft. .L Construction Materials: (wood frame, steel building, etc.) ' ,'""" Wood frame with metal sheeting, concrete slab floor On this sheet submit a-drawing of building planned, drawn to scale. ! I I I DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Plans for plant are being prepared by R & ){ Engineers. A plot plan showing location, size and shape of the building is attached. Preliminary dock plans are also attached. Note: If you have had drawings made, attach to this application and i~e§ard this page, filling in construction materials only. Page 3 of 4 .~ EXISTING GROUND LINE ~ TYPICAL SECTION . - ' .~,:~.-~-=~-.~:.,~ ,.,:. .:~'.~.~ f / ~:' ~.':~, r~ ~, * ,::.':'~?'::/' td--~'-::'~y~'- ~ "-'~ - VICIlIITY PgOPOSED PL Al'.! ftL'~ I~1 '1 I _ ! & ~../.','., {. t, ! I'P31,[ hi t tt.l'.".( IO~. tt[i?.tlO.'.¢~ .... I .... I-- i I fl I *;-[[ ....... r .... ®e G_.L. II::)"1: DAI~£. ,a CKD. I TI'PICA, L' W/N'. 'L _ CAMEL. I ~NSULTANTS, IN I::~,1 _ IL' ..... ,-- ................. "~ October 23, 1978 MEMORANDUM ..- TO ,MAYOR AND CITY COUNCILj~,L//...~.~ FROM JOHN WISE, CITy..M~N~ER . SUBJECT LOCATION OF CITY OFFICES At the last Council meeting~ the Council asked for information concerning relocating all the City offices that are in the Terminal Building plus the Department of Revenue in the Public Safety Building, There are two viable rental options available to the City for moving all of these offices, One is the B&C Building which has approximately 4~000 square feet of available space. This is a commercial building without natural lighting except for the front entrance, The rent~ calculated at .65 cents a square foot (all of the quotes listed in this memorandum include utilities unless noted), would cost $2,600 monthly or $31;000 alyear .... The landlords would.--not provide partitions for the offices, ' The second rental option is at the Rogers/Baldwin/Arness Building adjacent to Decor which has approximately 3~650 square feet available. This lease would run ,80 cents a square foot for a cost of almost $3~000 a month or $35,000 a year, The landlords would partitiQn the offices as the City desires. We have no choice but to relocate the Department of Revenuer therefore, I have the following figures on relocating this Department alone. Kenai Aviation would rent space for this Department for $400 monthly or $4~800 a year. Kenai Steel Building would rent space to us for approximately $175 a month or about $2,000 a year. Decor would provide space for .75 cents a square foot~ but we do not have any calculations on how much space that would be so do not have a firm rental figure now. B&C would provide a minimum of 1~000 square feet at .70 a foot without ut~lities~ Rogers/Baldwin/Arness would rent for .80 a square foot~ but again we do not have any calculations for the amount of space they have~ The City could build our own City Hall without jeopardizing the Civic Center complex. We could building a 4,000 square foot commercial office building for our use~ sell it when ready to proceed with the Civic Center and use the proceeds from the sale to finance part of the Center, October 16, 1978 Mr Richard I Morgan, Chairman Kenai Recreation Commission Box 1101 Kenai, Alaska 99611 Dear Dick The City Council, at a special meeting on October 12, 1978 directed that the Administration provide clerical support for the Recreation Commission, taking the appropriate overtime from the Salary and Wages Accounts of the parks and Recreation Budgets equally. To this end Mary Ann Laken of the Department of Revenue's Finance Department will provide that clerical assistance. As has been done formerly, Bill Nelson will act as Adm}nistrative Liaison until the Commission develops the Job description for a Recreation Director and the City is able to fill the position. The person that is Recreation Director will also act as Administrative Liaison with your Commission. We are looking forward to having the Commission take appropriate action as'soon as you can. An additional item needing action from the Commission is platting the Old Well Site between the Elks Club~ Ryan's Creek and the Spur Highway and Caviar Street. This is of especial importance since there is a park/playground developed by the Elks within the overall tract, I have attached a copy of the tract to this letter. If I may be of assistance, please contact me concerning any of these matters. Sincerely t City Ma. nager "' t JEW/pw ~ ] CC May°r at Bill Nend'City C°uncfl Mary Ann Lakin -with additional copy of Recreation Commissfo: ls°n~ letter & without p. lat copy ~,~NA'r ;" -C,~'l'IOi~ GOI-~.II~SZOM ' Oct 11, 1~78 City of llenai P.O. Box Kenai~ Alaska City I.~nager John ~ise Dear John~ In the September 25th meeting of the ~ecreation Commission, a motion was made and passed that the City of Kenai he requested to provide $5OO.OO for secretarial assistance for our commission. ~uties would include minute keeping, letter ~witing, typing, meeting notices, etce Our next meeting will be held at 7sOO i'.;i, on October 23rd and we should like to have suitable secretarial assistance at that meowing. ~e should prefer sonieone wita an interest in recreational facilities and aotivities in,he city. Very truly yours, DATE Nfs. Smith 9/S/7S Mrs, Moses h.o. Smith 9/7/78' S~ndra ailderback S~eye Wiese Start Lawlor . Dee Dee at Ct. Harold Loftd~ Ed Heddgaard. · . 9/g/TS· o/12/78 9/14/78 0)27~7g Pen. Mobile Hemes .9/19/7& ' ~rs..Oskolko[£ .. g/19/78' ** Hula Vtcko~ .... ', 9/.i4/7'8 I _ . _L _IL . CITY 0I; ICENAI CITIZEN PETITION MONTHLY REPORT DATE INVEST, COMPLETED 9/6/78 ..... ~R×xcs ,~quEsTED · ' Drain flooded - Walnut ~ Elm Would lik'p,sf~ "S~ow ChilSren' Birch Dr. needs to be oiled· Hole in front of'D~A needs repair. St, light out Walnut I Him Sewer backed up. · Stop sign do~n on Cook f Main City dug up asphalt'and le£t it. Merry-go-round at Health Center needs re, air o~.taken d&un. ." DATE CITIZEN NOTIPIBD · Water Smells bad and. laundry iS. ~Birch Dr. needs regrading and sravel put on it. " She Was stuck in soft. sand in N~rth Tinker. ~hat is going to be-done? · Also, there is .a lake in the middle 'of the ro~d. ' 9/8/78 ': "" '' 9/8/7.8- , 9/8/78 9/~2/78 9/20/78" 9/W78" D~A. RT~£NTA Tore down the dyke built' by the Future Engineer~ of America-St, draining St: ~nd ~ederal. reds,".. · have changed - discont. use o~ these types of si~n% Oiling over .for'the season Called Homer'E1ec, Sewer Main had collapsad has been. repaired,. Stop sisn is'u~ ~ain', A~phalt.has.been picked.up Street Dept..ordered steel Water ~este~ we~l~/ and ~?{' is sanitary.t. . The City does ndt'have an~ gravel at this time, will" do it when available. · Road has been graveled. Mrs. Vickery vas. stuck durins conbtruct~o~ mi tho '{'~ road to ta~e care ~f the '. t CITIZEN PETITION MONTItLY REPORT ' ' ~ NA~ , Faye Langston Carol Reddy .Mrs. E~nard' -Chris -Cindy DATE RECEIVED 9/1/78 SERVICE REQUESTED · ...Pick up Irish Setter stray. 9/5/.78 Lost Irish S@tter.. · 9/S/78: ""' Lost cat named Sam. 9/5/78 Stray dog and puppy-pick up. 9/S/78 Lost male St. Bernard. Theresa Rhodes .-- 9/7/78 Mrs. Robinsbn ' . :' 9/11/7~. Mary Harvey ,9/12/78' Mike Sacaloff ; 9'/12/78 Mrs. Wayne. Passe . 9/'13/78 · Peggy Holmes ' 9/13/78' Mrs; Holmes 9/13/78.. Gale Henderson .. 9/flhTC- Rick 9/15/78 Ernie Benkert 9/15/78 Alex Johahsen 9/18/78' DATE INVEST. COMPLETED 9/2/78 9/5/78 . 9/S/78' 9/5/78 9/5/78 DATE CITIZEN ~pTIPIED Lost male dog Highland. Lost Germ. Shep. Mall ~arking Lot. 9 dogs loose near'Robin$~fi ~rocer¥' Pick up pu~py. Lost male poodle Eadte's. Trailer 10 dogs loose V.I.P.- .'. Stray dogs in ~ood~and , .' Dogs ipose in Woodland-int~ garbage~ · Lost Germ. Shep. male near airport. 9/5/78 9/7/78. .. 9/12/78 ''9/12/78 "~/~3/7~ 9/13/78 9/13/78 9/13/78 9/15/78 Stray dog-pick up.' -. 9/13/78 Found ~ale pe.odlo-pick ~p. · 9/16/78 Dog pack in. ViP, 9/2'1/~8 DEPARTMENTAL REPORt,, Picked up animal. Lost dog file. · Lost a~imal file.. -Pt~ked u~ Dogs. Called owner and no response. Los~ dog file. Lost Dog File. Picked up one from pack· Picked up p~pp~. . Lost dog £ile. Checked VIP three times pack not there· Patroled ~oodland dail~ Pat~oled ~oodland Hsd picked up dog- claimed him.' :~.. Picked up dog-£inal sta~(. distemper-destroyed. Dog son5 when"ar~ived. ':' Ex{fa pacroling in vip. '' .. .~ : · R~cky McDown Steye Langston · Mrs. B~gard ' · Mrs. Bea · Mary ToutongHt To~ Harvey DATE RECEIVED 9/18/78 9/18/78 .9/18/78 9/Z0/78 .9/20/7~ 9/20/78 ~ehnis Barnard' Richard Barret~ . Dorothy Knox Karen Fallen Lavonna Kelso : Louise, Dispatch Mrs.' Le~ard Carter Lee'Dorsey. Mrs. Downs· ''Mrs, St, Claire Nits Karen Fal~on .9/22/78 9/Z1/7~ ,9/22/78 · 9/2S/78 9/27/78 9/Z7/78- ·9/27/78. 9/274?8. 9/28/78 9/29/~8 9/2'9/78 9/29/78 CITY OF KENAI CITIZEN PETITION NONTHLY REPORT SERVICE REQUESTED *..Lost female.afshan. Lost Black Lab Kalifonsky Lost Doberma~.Bink.ley Soldotna Dog pack Redoubt Terrace. Lost Samoyed Kenai Drug 2 dogs killed his chickens DATE INVEST, COMPLETED 9/21/78 9/21/78. '9/21/78 9/21/78 9/21/78' 9/21/78. Lost Irish Setter male Strawberry. His dog bit his dgughtkr. Lost Husky Shep. Harbor View. ;.Lost male Black Lab.. Springer Spaniel lost - Sears. · Horse loose on Spur Hwy. Lost female cat Woodland. .. Lost S~hnauzer Neighbor's'dog keeps her up. 9/22/78 · 9/22/78 9/23/78 9/26/78 9/27/78 9/27./78 9/27/78 9/28/78 Found 2 pups near Beaver Cr'.-pick up; 10/3/78 Wants to adopt dog; 9/~/78 Lost male lab-Kenai Supply 10/3/78 DATE CITIZEN NOTIPlED DEPARTMENTAL REPORT,,, Lost dog file. Lost dog file. Lost dog file. · Patroled ~rea. . Lost Dog File. Contacted owner and will call"again if dogs return. Lost Dog File Contacted owner.. Lost Dog Fil.e. - '.Found Dog and owner claimed, Lost Doll File. Horse tied .up again. Lost animal file. ..~.' Lost Dog file. Contacted Mrs'. Do~ns. " Picked up dogs. ,..... Called back -a'o answer .:' Lost dog £ile.ogner found ANIMAL CONTROL REPORT September 42 24 15 15 5 Left from August Carried to October ~?£SS REI. EAS£ J~$ N. I~OLVERTON COt4PLETES EPA WAST£WATER TREATI~£NT COURSE __ Wolvprton ., Ja~es N. recently completed the Environmental Protection Agency's natfona{ field study course on the operation of wastewater treatment plants. Ca]tfornia State University, Sacramento, California, administers the program for EPA and has presented James N'. ~olverton with a Certificate of Completion. In addition, six units of university credit were earned and a grade of= A= was awarded for the course. Topics covered in the c~urse tuclude all phases of the operation and maintenance of wastewater treat- ment plants. Dr. Kenneth Kerrt, Program Director, stated that :ames N. Wolvez~on tS one of many operators in the United States to complete the program. l~e course is available to all persons interested in the operation of wastewater treatment plants. The Environmental Protection Agency expects over 600 operators throughout the United States to complete the program thts year. For additional information contact: Dr. Kenneth D. Kerrt ProfessorJof Civil Engineering California State University, Sacrame,to 6000 Jay Street Sacramento, California 95819 Phone: Office: 916-454-6M2 Secretary: 916-454-6982 Iii/ I ~, I!. ,_~11 (021172) a October 20, 1978 CITY OF KENA! P. O. I~OX b~O KFNAI, ~L~KA ~611 TELEPHONE 283 - 7S35 Subject: CEIP Engineering for the City of Kenai Gentlemen: The Council of the City of Kenai has retained the services of lfince, Corthell, Bryson, and Preas for the Engineering of Willow ~ Airport ~qay Sewer Lines. The Council of the City of Kenai has retained the firm of Ted Forsi and Associates for the Engineering on the following projects: ., 1. Spur Highway - ~f~ter and Sewer 2. Main Street - 1rater and Sewer 5. East Kenai - l%'ater and Sewer . . 4. Inlet View/Central Heights - Water I want to at this time thank you for the time and effort that you spent in working on your proposal. As you know, the City of Kenai was given a grant in the amount of $150,000 from CEIP for consulting ' engineering fees. .. After looking at the recent proposals for the work that we outlined, it was discovered that a considerable amount of additional engineering projects can be accomplished within the $150,000 grant amount. Therefore, at this time the City of Kenai is again asking for engineering proposals for the following projects: Engineering of ~ater and Sewer from Kenai Spur Road along tho Bridge Access Road to Beaver Loop. Because of the terrain it is very possible that the sewer line in this area may have to be a pressurized system. A water line loop from the Bridge Access Road along Beaver Loop back to the Kenai Spur llighway. A further extension of the water line in Thompson Park. Ted Forsi and Associates is presently designing a water line that will extend our present water system from the Spur and Beaver Loop Road to Dogwood in 'l'hompsm~ Park. This item would be to further extend this water line along the Kenai Spur llighway to Lupinc Drive.. e Water line loop tie-ins on Spruce and the Kenai Beach Road. This watcr line would tie in the dead ends that occur from the new sewer treatment plant aha from the old sewer treatment plant and from the dead end on Spruce Street. Please include in your proposals the following: 1. Complete resumes of the individuals that your firm plans on assigning to the project if it is awarded to you. 2. Any type of brochure that lists other similar projects that your firm has completed. The rates at which your firm propose~ to do the work with a not-to-exceed figure. Any comments or suggestions that you may have concerning the City of Kenai's proposed locations for these projects. Based on your engineering criteria, what do you think these new additional lines would do to our system if anything? These comments that you may have are not necessary for your proposal but may be helpful to the City of Kenai. 5. When will your firm be able to complete each of these projects? If your firm has included any of the above-mentioned items in your last proposal sent to the City of Kenai, they may be left out of this proposal. Although~he City of Kenai is asking for a not-to-exceed figure and construction engineering cost rates, the Council of the City of Kenai may not necessarily choose the firm which has the lowest rates and lowest not-to-exceed figure. A subcommitte from the Council of the City of Kenai will be studying the proposals in great depth and will be making a recommendation to the Council of the City of Kenai as a whole, who will be choosing the engineering firm which will work on each.of these projects. When you make out your proposals, please consider each of the four projects individually, giving the not-to-exceed figure for each one. If your firm wants to submit a proposal on only one or two of the projects, please feel free to do so. You are also welcome to submit a lower cost not-to~exceed figure if all the projects are awarded to your firm. Again, I want to emphasize that we have $150,000, and projects will be added or deleted in order to meet this budget. We are asking for a date that you feel your firm can complete all the necessary drawings, specifications, and documents. There is a deadline of February 28, 1979 for completion. This is a requirement from CEIP. TttE DEADLINE IS OCTOBER 31, 1978 AT 2:00 P.M. If Ill 'CEIP Engineering for the City of Kenai Page 3 October 20, 1978 for submitting your engineering proposal. Please submit your pz'upu.~al~ in u ~ualed uiivulupe tn,irked iii thu lulL-hand cuz'nur with "CEIP ~.ngineering October, 78-2." All of the engineering proposals will remain in their sealed envelopes until this time. Even though this is not a bid proposal but a proposal for professional services, we want to keep all the firms on an equal basis and prevent any influence a proposal may have on others if opened earlier. The subcommittee of the Council of the City of Kenai will be studying these engineering proposals. The Council of the City of Kenai should be making the decision during their meeting on November 1, 1978. Please note that this is funded from the remaining money from the $1S0,000 CEIP grant. ALL CEIP requirements and specifications have to be met. I sent ou~"dopies of CEIP Scope of Services, CEIP Engineering and Construction Guidelines for Applicants, and CEIP Project Assessment and Environmental Impact Statements. If you need another copy, please call me. If there are any questions or comments, please feel free to contact me at your convenience. Sincerely, KEITH KORNELIS, Director Department of Public lqorks Kg/jet i City of Kenai ~ox 580 Kenai, Alaska 99611 ;.~. Keith Kornelfs Director of Public Works :*,.~r ~.~, Eornelis: CO I~ISULTIi~JG ENGINEERS October 27, 1978 III I We !.ave your letter of 20 October 1978 requesting a proposal for professional -:..-!neer~ng services with regard to additional projects as part of your Coastal E..er~.~' Impact Program Grant. We understand that the required design work is · to be completed t~ 28 February 1979. We are pleased that the City is again considering our firm for the subject work. We feel you are fimilar with our organization and its qualifications, and ask that you refer to our previous submittal if you have any questions concerning our experience. We would of course be happy to answer any specific q':estio~s you might have. We wish to be considered for 2 of the 4 projects you are requesting design mervices for; project no. 1 and project no. 2: ?r~.Ject No. 1 Water and Sewer from the Kenai Spur High, my to Beaver Loop along the Bridge Access Road. We wish to bring to your attention that construction of a sewer to serve this area ~ouldalso provide a means of eliminating two existing lift stations; !!fi station no. 3 on Walker Lane and lift station no. 4 on Law~onDrive. ~e llft station necessary to raise the sewage from the bottom of the hill on the Bridge Access Road to the interceptor along the Spur Highway would of course have to have increased capacity, however, we believe the reduction in mainten- ance would Justify such a scheme. We therefore recommend that the scope of this project include the above modifica- tions to the existing system, or at least investigate the possibilities. ~ProJect No. 2 Water Line from Beaver Loop Road at the Bridge Access Road to the Kenai Spur Highway paralleling Beaver Loop. Page 1 BOX 1041 KENAI,ALABKA !~!!B611 PHONE(~i137)203-467~ 'Keith Kornel.[ s Page The proposed water line traverses some very poor g~ound. ~ere is a considerable amount of muskeg along the route, and the ~.zater table ts . ..!~ ........ ,~,,~-~ ~-~ ~,~.~zJ of ~he prooeet. We wo~d antielpai, e construction costs to be considerably higher for this l~ne, than for a comparably s~zed ~in constructed in better soils with a lower water table. ~eause of these ~or conditions we would plan a more compre- hensive sot18 investigation as part of the des~ phase oF the project. Staffing We propose to utilize the same staffing indicated on our previous pro- posal dated 9 October 1978. ,Co~ensat,lon We propose to charge by the hour for our services in accordance with our published fee schedule -- see our proposal dated 9 October 1978. We hope the City of Kenai will choose their engineering consultant on the basis of their experience, knowledge of the area, and ability to complete the project on schedule. We recognize that cost is a~so a factor, but we do not wish to participate in competitive "bidding" for professional services. We acknowledge the City's prerogative to procure services in this manner, ho~e~er, we feel the approach is counter productive and can only lead to a reduction in the quality of service provided. We would ~e happy to negotiate a contract, or contracts with the City based on hourly rates not to exceed a maximum amount. This inturn would be based on more specifically defined scope of services. For the projects listed above we propose: Pr~oJect No. 1 ~harge for our services in accordance with our fee schedule not to exceed a negotiated amount of $26-40,000.00. _Pro~Ject No. 2 Charge for our services in accordance with our fee schedule not to exceed a negotiated amount of $45-60,000.00. Zf you have any questions in regard to this proposal please feel free to contact us. A~ a company who has been providing services similar to these to the City of Eena! for over 13 years, we look forward ~o continued service to Eenai and would value tho opportunity to work w~th you on these projects. Very truly yours, WINCE~C~RT~LL-BRYSO~.~FRE~S · '1 I'11' T-l]l-iq"~l ........ I .... i Ted Forsi and Associates 107 West Sixth Avenue, Suite 205 * Anchorage, Alaska 99501 · (907) 274.9517' P.O. Box 2470 * Soldotna. Alaska 99669 October 30, 1978 Mr. Keith Kornelis, Director Department of Public Works City of Kenai P.O. Box 580 Kenai, Alaska 99611 Subject= CEIP Engineering October 78 - 2 Proposal Dear Mr. Kornelis; We have reviewed your letter of October 20, 1978 requesting additional proposals for various water and sewer 1/Des in the Kenai area. Pursuant to that letter, we are pleased to submit this Letter of Interest and Cost Proposal for the various projects listed in that letter. As you know, we have begun surveying work on the projects which were awarded to our firm a few weeks ago. Much of the information which you requested in this letter of October 20 was included in the early proposal sent to the City of Kenai and have been omitted from this proposal. We are available immediately to complete the field surveys for these projects and we would again encourage the City of Kenai to select their consultants at the earliest possible date so that the. surveys can be done before cold weather sets in. We are currently working out of our Soldotna office and our survey crews are working in the Kenai area at this time. Following are independent cost estimates for the projects. The projects are listed followed by our estimate we feel will be required to complete the engineering design, drafting, specifications and bid documents for the project. The total figures listed are not to exceed figures. We sincerely appreciate the opportunity to submit this proposal to you and we look forward to being of continued service to the City of Kenai. Sincerely, TED FORSI AND ASSOCIATES Ted J Forsi, P E Principal Engineerin9 · Plan.in9 · Surveying PROPOSED PROJECTS Bridge Access Road - Kenai Spur Re. ad to Beaver Loop Approximately 6500 L.F. of Water and 6500 L.F. of Sewer Administration and Data Gathering 8 Hours @ $40.00 Surveys for Design 40 Hours @ 95.00 Engineering Design 240 Hours @ 40.00 Drafting 180 Hours @ 25.00 Specifications 40 Hours @ 40.00 Clerical 40 Hours @ 15.00 Reproductions Expenses & Contingencies Not to Exceed $ 320.00 3,800.00 9,600.00 4,500.00 1,600.00 60O.00 400.00 1,130.00 $21,950.00 Beaver Loop Road - Bridge Access Road to Kenai Spur Road Approximately 20,000 L.F. of Water ~m!nistration and Data Gathering Surveys for Design 160 Hours @ Engineering Design 280 Hours @ Drafting 240 llours @ Specifications 64 Hours @ Clerical 60 Hours @ Reproduction Expenses & Contingencies 16 Hours @ $40.00 95.00 40.00 25.00 40.00 15.00 Not to Exceed $ 640.00 15,200.00 11,200.00 6,000.00 2,560.00 900.00 660.00 1,360.00 $39,020.00 8 Hours @ $40.00 $ 320.00 16 }tours @ 95.00 1,520.00 40 Hours @ 40.00 1,600.00 60 Hours @. 25.00 1,500.00 32 Hours @ 40.00 1,280.00 24 Hours @ 15.00 360.00 5OO. OO 5OO.0O Not to Exceed $ 7,580.00 3. Thompson Park - Extension Along Kenai Spur Road Approximately 1600 L.F. of Water Administration and Data Gathering Surveys for Design Engineering Design Drafting Specifications Clerical Reproductions Expenses & Contingencies 4. Kenai Beach Road and Spruce Drive Ap~roximately 5000 L.F. of T~ater Administration and Data Gathering Surveys for Design Engineering Design Drafting Specifications Clerical Reproductions Expenses & Contingencies 12 Hours @ $40.00 $ 480.00 40 Hours @ 95.00 3,800.00 160 Hours @ 40.00 6,400.00 180 Hours @ 25.00 4,500.00 40 Hours @ 40.00 1,600.00 32 Hours @ 15.00 480.00 500.00 1,100.00 Not to Exceed $18,860.00 CH2M HILL e.ngineers planners economists sciePtists 24 October 1978 K493.72 Mr. Keith Kornelis Public Works Director City of Kenai Box 580 Kenai, Alaska 99611 Dear Eeith: CEIP Engineering Proposals Thank you for your letter of 20 October 1978 in which you requested proposals for additional engineering work to be done under the CEIP program. We will not be responding to this particular request with a proposal. We do, however, continue to be vitally interested in providing services for the City of Kenai and wish to be notified of future pro- spective work. Again, thank you for your consideration. Sincerely, Loren D. Leman, P.E. dea Anchorage Office 310 K Street. Suiw 602 AnchoraRe, Alaska 99501 907/279-6491 MEMO TO: F ROM: SUBJECT: Keith Kornelis, Director of Public .Works Bill Nelson, City Engineer Water and Sewer Maintenance Supplies Bids Bids for Water and Sewer Maintenance Supplies were opened October 51, 1978 at 2:00 p.m. These items wi]l be paid for with Federal Anti-recessionary funds. The results of the bid opening are below. Please note that Western Utilities' bids were f.o.b. Seattle, and the freight prices were obtained over the telephone from Ralph Johnson of Western Utilities. These freight prices were necessary in order to compare the sewer manhole bids with those of Olympic Foundry in Seattle whose prices were f.o.b. Kenai. IreM qu~n. Description unit B~ Freight Total 1 3 Mueller Improved? $815 $2,445 $139.50 $2,584.50 Fire Hydrant 10' bury 2 11 Mueller Improved $ 41 $ 451 $ 19.47 470.47 Fire Hyd. Repair Kits 3 30 Sewer Manhole Lids $ 76 $2,280 $522.60 2,802.60 25 5/4" x 1 1/2" 4 Assorted Bits, $ 623 6.00 629.00 Adaptors for Mueller D-5 drilling machine The freight rat~s above are contingent upon Western Utilities being awarded the entire contract. TOTAL $6,486.57 The only other bidder was Olympic Foundry who bid only on Item 3, the. sewer manhole lid. Their bid was as follows. IIiii IJ i J I_1 ..... II I ll_~ IIIl~'l'' .... II II r ..... r- 3 .... F Zr .... . """"!~7] , MemO~78 Keith Kornelis, Pul, l~c Work'.~ Director I Page 2 Item quan. Description gnit Bid Freig~ ~ ~O Sewer Manhoi ~ $115 $3,450 Lids 25 5/4" x 1 1/2" Total $3,450.00 On this item, Western Utilities bid $2,802.60. These costs seem reasonable and I would recommend the entire contract be awarded to Western Utilities subject to the freight rates quoted over the telephone. BN/jet CITY OF KENAI ORDINANCE NO. 446-?8 AN ORDINANCE OF TIlE COUNCIL OF THE CITY OF ICENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS AND CREATING TIlE CAPITAL PROJECT FUND ENTITLEU~AClLITIES DESIGN** PIIOJECT BY $4,500. WI IEREAS, the Council, by Resolution No. 78-170, has accepted the Waste Water Facilities Plan for the City of Kenai, Alaska prepm'ed by CH2M Hill, and WHEREAS, the Council now desires to proceed with Step II, the Facilities Design, and WI~REAS, an additional $4,500 is needed to prepare a Step II Grant Application with the Environmental Protection Agency, and WHEREAS, proper aeeotmting practices require that all appropriations of City monies be made by ordinance. NOW, TI-IIgREFORE, BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Se?er .C, ap..i.t~ Projects-Facilities Design: Increase Estimated Revenues: Appropriation of Fund Balance, 1974 Refunded Bond Issue $4,500 Increase Appropriations: Architectural Engineering- Basic Fee $4,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of November, 1978. ATTEST: VINCENT O*REILLY, MAYOR ~'ue C'. peter', City Clerk Approved by Finance _ ~,~ ~ First Reading: November 1, 1978 Second Reading: November 15, 1978 Effective Date; November 15, 1978 CITY OF KENAI ORDINANCE 447-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING THE FOLLOWING BUILDINGS AND RELATED EQUIPMENT AND MATER!.nLS SURPLUS. WHEREAS, the following buildings and their related equipment and materials are no longer needed by the City of Kena~ and, WHEREAS, the following buildings and their related equipment and materials are costing the City of Kenai for repair and maintenance; and, WHEREAS, it will be advantageous to eliminate the following from the water and sewer system; and, WHEREAS, sealed bids for selling the following with the necessary replumbing designated by the Administration is a reasonable and acceptable means of disposal. NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA · SECTION ONE The following buildings and related equipment and materials are hereby declared surplus and available to sell separately or together by sealed bids. 1 One shallow well building 2 Related material and equipment 4 four inch valves four inch pipe, six foot joints four inch pipe, eight foot joints ,,. 1 three inch valve 1 breaker box 3 water tanks 8 reset boxes 8 bags lime . 2 pumps I line tank 3 outside wells with pumps PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 15th day of November 1978. ATTEST Sue c Peter, Cit~'clerk VINCENT O~REILLY, MAYOR First Re~ding Second Reading E~fe~tive Date November 1, 1978 November 15, 1978 December 15, 1978 CITY OF KENAI ORDINANCE NO. 448-78 AN ORDINANCE OF THE COUNCIL OF TIlE CITY OF I(ENAI. ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $182 IN TIlE CAPITAL PROJECT FUND ENTITLED "FOREST DRIVE WATERLINE." WIIEREAS, the above-mentioned Capital Project Fund is complete, and the City has received final audit and final payment from the State of Alaska, and WHEREAS, the findings of the State auditors were that $2,793.69 of questioned costs relating to force account labor ue excluded from eligible project costs, and WHEREAS, it is now desirable to close out this project, and WHEREAS, additional City monies are needed to fund the ineligible costs, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations in the Capital Project Fund entitled "Forest Drive Waterline" be increased as follows: Increase Estimated Revenues: Appropriation of Fund Balance 1974 Refunded Bond Issue $182 Increase Appropriations: Project Inspection $182 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 15th day of November, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: ~ First Reading: November 1, 1978 Second Reading: November 15, 1978 Effective Date: November 15, 1978 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAi APPROVING A CONTRACT WITH CH2M HILL FOR ADAP PROJECT 06-02-0142-04. THE REPAIR OF KENAI MUNICIPAL AIRPORT RUNWAY AND RELATED FACILITIES. WHEREAS, the City of Kenai solicited proposals for engineering of this project, and WHEREAS, CH2M Hill was selected to prepare the grant application and preliminary design, and WHEREAS, the contract has been received by the FAA and has been modified per their requests, NOW, THEREFORE, BE IT RESOLVED BY T~E COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for engineering for ADAP 06-02-0142-04 incorporated herein by reference is approved. PASSED BY THE COUNCIL OF THE CITY OF KENAI THIS ].~t-~DAY OF NmVEMBER 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C Peter, City Clerk PROFESSIONAL SERVICES AGREEMENT Tills AGFIEEMENT n,ud~ thi,~ d~iy of , It} , by and between the City of Kenai, P. O. Box 580, l(enai, Alaska 99611, hereinafter called the "OWNER" and CH2M llill Engineering of Alaska. Inc., 310 K Street, Suite 602, Anchorage, Alaska 99501, hereinafter called the "ENGINEER ." WITNESSETH, that the OWNER intends to improve Kenai Municipal Airport consisting of: 1. Rehabilitate the central 75 feet of the south 5,000 feet of Runway 01/19. 2. Replace the direct burial High Intensity Runway light wiring system for Runway 01/19 using underground conduit. Stabilize the light bases at approximately the north 2500 feet of Runway 01/19. 4. Stabilize both edges of Runway 01/19 for approximately the north 2500 feet. 5. Improve drainage at the north end of Runway 01/19. 6. Perimeter security fence restoration where required. hereinafter called the "Project"; and the OWNER has requested Airport Development Aid Program (ADAP) funds from the Federal Aviation Administration (FAA), and the State of Alaska, Department of Transportation and Public Facilities. WITNIgSSETH, that in consideration of the mutual covenants and agree- meets herein contained, the parties hereto do mutually agree as follows: A. EMPLOYMENT OF ENGINEER The OWNER hereby employs the ENGINEER and the ENGINEER accepts and agrees to perform the following engineering services for the Project: DESIGN 1. The ENGINEER shall assist the OWNER with the preparation of applications necessary to secure funding grants from the FAA and the State of Alaska. 2, The ENGINEER shall perform preliminary investigations including soils, materials, surveys, alternative design concepts, and cost estimates. 3. The ENGINEER shall prepare preliminary plans and specifications for the improvements to Kenai Municipal Airport for review by the OWNER, the State, and the FAA. 4. The ENGINEER shall prepare construction drawings, specifications detailed cost estimate, invitation to bid, and related contract documents. The ENGINEER's final plans and specifications shall be submitted to and approved by the OWNER, State, and FAA prior to advertisement fo~' bid. The ENGINEER shall also assist the OWNER with preparation of an Application for Federal Assistance if so requested by the OWNER. 5. The ENGINEER shall provide 20 sets of the approved plans and specifications to supply Contractors requesting plans for purposes of bidding, shall furnish the State and the FAA with one set each and the OWNER with two sets of plans and specifications for their flies, and six sets to the Contractor for use during construction. Two copies of detail shop drawings, manufacturer's specifications, operation and maintenance instructions, et~., shall be furnished to the OWNER for their flies. The ENGINEER shall furnish the above quantities of materials without additional compensation. The expense of additional sets shall be compensated at their cost to the ENGINEER. 6. The ENGINEER shall complete the Design Phase within 90 days of the execution hereof. CONSTRUCTION INSPECTION AND PROJECT ADMINISTRATION 7. At the t~me the bids are opened, the ENGINEER shall assist the OWNER in evaluating the bids and preparing an abstrac~ and recommenda- tion for submittal to the State and the FAA. The ENGINEER shall assist in securing approval to award the ~ontract. 8. The ENGINEER shall provide a full time Resident Inspector who shall be subject to the approval by OWNER who shall be present during all construction operations to assure construction is in accordance with the plans and specifications. Copies of the resident inspector's payroll sheet will be submitted to the OWNER monthly. 9. The ENGINEER shall perform all tests, in the field and the laboratory, in proper time and in sufficient number to assure construction as in accordance with the plans and specifications. Copies of all test reports will be furnished to the OWNER, the State and the FAA. 10. The ENGINEER will set up and conduct a Preconstruetion Conference and shall act as the OWNER's agent during construction -2- to protect tl,e OWNER's interest. The ENGINEER shall have the vuthortty to reject cunstruetton wo~'k alOof/aP materials if liar in accordance with the plans and specifications. The ENGINEER will furnish Ilia OWNER with a daily construction progress and inspection report, and the State and the FAA with a weekly construction progress and inspection report. 11. The ENGINEER shall prepare all addition and deletion change orders, supplemental agreements as required. After acceptance by the Contractor, copies will be submitted to the OWNER, the State and the FAA for approval before proceeding with the work. 12. The ENGINEER shall prepare periodic estimates during thc construction of the Project and shall prepare the final estimate when the work is completed, Periodic estimates shall be submitted at least monthly (the Wednesday before the first Wednesday of the month) to the OWNER for concurrence and submittal to the State and FAA for Federal and l~tate participation payments, 13. When the Project has been completed and is ready for final a~ceptance, the ]3I~GINEER shall arrange for inspection of the finished work by the FAA, the State and the OWNER, the Contractor, and the ENGINEER following which the final estimate for the work will be considered by the OWNER. 14. Upon acceptance of the construction, the ENGINEER shall furnish the OWNER all maps, plats, drawings, estimate sheets, and other contract documents required for the Project. Upon completion of the work specified herein, all material documents including but not necessarily Hmited to tho following data, acquired or produced by the ~.NGINEER in conjunction with the preparation of the plans, shall be delivered to and become property of, without restriction or limitation of their future use by the OWNER: a. Field ]totes of all surveys. b. One set of reproducible as-built construction plans final project summary. 15. Only construction surveys necessary for the determination of pay quantities will be performed by the ENGINEER. 15. The construction surveys and staking for control of the work will be made the Contractor's responsibility. It will be the ENGINEER's sole responsibility to make this provision known to the Contractor by placing the same in the bid specifications. It will be the ENGINEER's responsibility to check .the control stakes periodically to assure their accuracy as the project progresses. -3- B. OWNER'S ItE,qPONSIBII, rrlES 1. The OWNER shall secure title reports and perform any surveys necessary to establish property boundaries ~s needed for thc prepnration of tile Property Map (Exhibit "A") and/or Airport Lnyout Plan. The Property Map (Exhibit "A") will aecur~doly show tile OWNER's recorded interest in all of tile airport property including easements and will show the land interests to be acquired under tile Project and the record owner(s). 2. The OWNER shall make available to the ENGINEER all technical d~ta that ia in the OWNER's possession including maps, surveys, property descriptions, borings, and other information required by the ENGINEER end relating to Iris work. 3. The OWNER agrees to cooperate with the ENGINEER in the approval of all plans and specifications, or should they disapprove of any part of said plans and specifications, shall make a decision timely in order that no undue expense will be caused the ENGINEER because of lack of decisions. If the ENGINEER is caused extra drafting or other expense due to changes ordered by the OWNER after the completion and approval of the plans and specifications, the ENGINEER shall be equitably paid for such extra expenses and services involved. 4. The OWNER shall pay publishing costs for advertisement of notices, public hearings, requests for bids, and other similar items; shall pay for ali permits and licenses that may be required by local, State, or Federal authorities; and shall secure the necessary land, ease- ments, rights-of-way required for the Project. 5. The ENGINEER shall provide from its own staff, a weigh master and/or a ticket taker during paving operations who shall be paid at not g~eater than Technician I to assist their Resident Engineer in recording paving quantities used in the Project work. The Resident Engineer shall n,o.t, act as the weigh master. C. COMPENSATION FOR ENGINEERING SERVICES The OWNER shall pay the ENGINEER the following fees as complete compensation for all services rendered as herein agreed: 1. The OWNER shall pay the ENGINEER for the services as set forth in A-1 above, a lump sum of $2,300. 2. The OWNER shall pay the ENGINEER for the services as set forth in A-2 above, a lump sum fee of $26,140. -4- 3. The OWNER shall pay the I.'.N¢iINEF. II for the services as set forth in A-3, A-4, and A-5 a lump sum fee of $46,195. 4. The OWNER shall pay the I,'.NGINEEI1 for the services set forth in A-7 through A-.14 above, in accordance with the Employee Classification and Rate ,qehedule attached hereto as Attachment A and direct non-salary expenses at actual cost. The total cost for these services shall not exceed $ 30,122. 5. Any servtees or work beyond the scope of this Agreement will be negotiated and agreed upon between the OWNER and the ENGINEER in writing prior to beginning of additional work. Compensation for additional work will be at the established rate as per schedule furnished with the contract, 6. The ENGINEER's direct non-salary expenses are defined as the costs incurred on or directly for the Project, other than Payroll Costs. Such direct non-salary expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct non-salary expenses shall include, but not be limited to, necessary transportation costs, including mileage at the rate of seventeen cents ($0.17) per mile when the ENGINEERs' own automobiles are used and thirty-five cents ($0.35) per passenger mile when the ENGINEERS' own aircraft are used, meals and lodging, laboratory tests and analyses, computer services, magnetic card typewriter service, telephone, printing, binding, and multilith charges. ?. Once each month, the OWNER shall pay the ENGINEER for professional services performed under this Agreement in proportion to services performed during the period. 8. In the event of any legal or other controversy requiring the services of the ENGINEER in providing expert testimony in connection with the Project, except suits or claims by third parties against the OWNER arising out of errors or omission of the ENGINEER, the OWNER shall pay the ENGINEER for services rendered in regard to such legal or other controversy, in accordance with the Employee Classification and Rate Schedule attached hereto as Attachment A and direct non-salary expenses at actual cost, in addition lo other sums of money payable under this Agreement. D. RESERVATIONS AND COMPLIANCE 1. The OWNER, the State and the FAA or any of their duly authorized representatives shall have access to any books, documents, papers and all other records which are directly pertinent to this Project for the purpose of making audit, examination, excerpts and transcriptions. -5- ..... II IIII ..... I~1 JJ.ll~l/~l I _ I I~ II LI ~ . ' _~ II II _~ _ 2. The ENGINEER ngrees to comply with Federal Executive Order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Dopnrtmnnt of l.nhnv liegulations (41 CFR. Part 60) if this "A~ronment" exceeds $10,000; Sections 103 and 107 of the Contract Work llours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5) if this "Agreement" exceeds $2,500; and ~I applicable standard~, orders, and regulations issued pursuant lo the Clean Air Act of 1970 if this "Agreement" exceeds $I00,000. 3. The Resident Inspector and necessary assistants will make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the contractor (s) and to help determine if the provisions of the Contract Documents are being fulfilled. Their day-to-day inspection will not, however, cause the ENGINEER to be responsible for those duties and responsibilities which belong to the construction contractor end which include, but are not limited to, full responsibility for the techniques and sequences of construction and safety precautions incidental thereto, and for performing the construction work tn accordance with the Contract Documents. 4. The OWNER reserves the right to request replacement of any Resident Inspector (s) furnished by the ENGINEER. 5. The OWNER reserves the right to furnish the field survey personnel and other personnel and perform the work which may be required for design information, preparation of easement descriptions, or assistance in staking or inspecting construction, but such work shall be performed under the ENGINEER's direction and control and to his satisfaction. E. TERMINATION OF AGREEMENT 1. In the event that the OWNER authorizes the ENGINEER to proceed to execute the various portions of work called for herein, this Agreement shall be in full force and effect until completion and acceptance by the OWNER of the Project. 2. This Agreement may be terminated by either party by seven (7) days' written notice in the event of substantial failure to perform in accordance with the terms hereof by one party through no fault of the other party. If terminated due to the fault of others than the ENGINEER, the ENGINEER shall be paid for services performed to the date of termination, including reimbursements then due, plus terminal expense. If termination is due to fault of the ENGINEER, the OWNER is not obligated to pay any fees or expenses set out in Section C hereof which specifically involves the item of fault. 3. The tracings and master specification sheets and related project documents shall become the property of the OWNER. -6- F, CERTIFICATION OF ENGINF. ER The OWNER and the ENGINEER hereby certify that thc ENGINEER has not been required, directly ox' indirectly, as an express or implied eo~iditlon in connect!an with obtntn!ng ~,' oar,'ying out this contract to: 1. Employ or retain, or agree to employ or retain, nny firm or persona, 2. Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation or consideration of any kind. G. SUCCESSORS AND ASSIGNMENTS 1. The OWNER and ENGINEER each bind themselves, their partners, successors, executors, administrators, and assigns to the other parties to this Agreement, and to the successors, executors, administrators and assigns of such other party in respect to all covenants of this Agree- ment · 2. Except as above, neither the OWNER nor the ENGINEER shall assign, sublet, or transfer their interest or obligation hereunder in the Agreement without the written consent of the other. Any transfer of such rights without written consent shall be void. 3. It is understood by the OWNER and the ENGINEER that the FAA and the State are not a party to this Agreement and will not be responsible for engineer cost except as should be agreed upon by the OWNER, the State, and the FAA under a Grant Agreement for the Project. H. IN WITNESS WHEREOF, the OWNER and the .ENGINEER hereto have made and executed this Agreement the day and year first above written. CITY OF KENAI By: Title: CH2M HILL By: Title: Sponsor's Attorney Date -7- ' ~! i:i~I.l , ATTACIIMENT A Employee Rating Rate Per Ilour Engineer I $36.50 Engineer II 40.00 Engineer III. .44,50 Engineer IV 51.00 Engineer V 58,00 Engineer VI 59.50 Technician I Technician II Technician III Technician IV Technician V O~fice $26.00 29.50 35.00 40.50 47.00 $22.50 Jl I1~ ...... ~111111111111 Ii II /' CITY OF KENAI RESOLUTION NO. 78-179 BE IT RESOLVED BY TIlE COUNCIL OF TIIE CITY OF KENAI, ALASKA TtIAT THE FOLLOWING TRANSFER OF MONIES BE MADE WITIIIN THE 1978-79 GENERAL FUND BUDGET. FROM: Contingency ($2,000) TO: City Clerk - Advertising $2,000 The purpose of this resolution is to provide additional funding for advertising. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of November, 197S. ATTBST: Sue C. Peter, City Clerk App~'oved by Finance ~.,~, VINCENT O'REILLY, MAYOR A RESOLUTION OF TIlE COUNCIL OF TIlE CITY OF KENAI, ALASKA RESCINDING RESOLUTION #78-157 AND ADOPTING IN ITS PLACE A GENERAL POLICY STATEMENT EMBODYING THE CITY'S POSITION AS IT RELATES TO THE RELEASE OF PUBLIC INFORMATION. WHEREAS, Resolution #75-157 was adopted by the Council of the City of Kenai in order to provide a policy regarding the release of public information by the Administration, and WHEREAS, said Resolution was met with strong opposition by members of the press for the reason that it might be interpreted as restricting the release of public information, and WHEREAS, it was not the intent of the Council in adopting Resolution #78-157 to restrict the release of public information, but merely to provide orderly guidelines for its release so as to be an aid to both the Administration and members of the press seeking information, and WHEREAS, in order to be as fair as possible as it coneerns all the citizens of the City of Kenai, the Council elected to hold Resolution #78-157 in abeyance until it could be replaced by a more formalized ordinance fashioned after file Federal Freedom of Information Act, and WI~R~.AS, upon the advice of the City Attorney who researched this matter, it was his eonciusion that the passage of a formalized ordinance fashioned after the Freedom of Information Act and the amendment of the personnel ordinanee to deal with the release of verbal information, might only create additional bttreauoratie problems in its enforcement and tntel'pretation, and WHEREAS, it would be in the best interests of the citizens of the City of Kenai that the City Council (rather than presently passing sueh a sophisticated public information ordinanee) simply rescind Resolution #78-I57 and adopt in its place this resolution which would merely set forth a general policy statement as it concerns the release of public information, and WI{ERF. AS, the Council believes that representative government entails direct (;ommunieation between the people and its representatives, to air problems that may from time to time arise, and that should problems or differences arise as it concerns the free flow of information from the Administration to the press and public that such problems should be presented to the Council who may address such issues at a regular or special meeting. _llll ..... I~_I!!!I!L_~IllL IllLL _'Il .... . I1 _Jll~ ~l_ll_.ll ,~ ~ _ /' Resolution 78-180, page 2 NOW, THEREFORI.~, lie IT ADOPTED BY TIIE COUNCIL OF TIIE CITY OF KENAI, ALASKA, as follows: Section 1: Resolution #78-157 is hereby rescinded, Section 2: It is the policy of the City to provide the fullest and most rapid public access to City records and information to the extent as permitted by state, federal and municipal laws or other judicially recognized rules so that the right of the people to remain informed is protected. In stating this poli. cy, the Council recognizes the competing interests of personal privacy and the right of the public to have access to information concerning the conduct of the peoples' business. Section Section 1 above will become effective immediately upon the adoption hereof. Section 2, although embodying only a general policy statement, will become effective 30 days after the adoption hereof in order to give additional opportunity roi' public response. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 1978. II I IiF I I ' I ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk RESOLUTION NO. 79-191 A RESOLUTION OF COUNCIL OF THE CITY OF I(ENAI, ALASgA, ACCEPTING A GRANT OFFER FROM TIIE U .S. ENVIRONMENTAL PROTECTION AGENCY FOR $6,000. WHEREAS, the Council of the City of Kenat has authorized, by Ordinance No. 379-77, $8,000 to be expended for Smoke Testing in the water and sewer Capital Project Fund entitled "Kenai Sewerage Project No. C-020077010," and WHEREAS, the U .S. Environmental Protection Agency has offered to parfleipate in these tests in the amount of $6,000 (75%). NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant offer of $6,000 from the U .S. Environmental Protection Agency dated October 13, 1978, be hereby aecepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk Approved by Finance: _ C.~ ,,,f' CITY OF KENAI RESOLUTION //78-182 BE IT RESOLVED BY TIlE COUNCIL OF TIlE CITY OF KENAI, ALASKA TIIAT TIlE FOLLOWING TRANSFER OF MONIES BE MADE IN TIIE LPW CAPITAL PROJECT FUND REDOUBT WAY PAVING, PROJECT NO. 07-51-26965. FROM: Other Engineering ($376) TO: Inspection $376 This transfer is needed to provide funding for the R & M Consultants, Inc. invoice for :'reject ~sting of October 13, 1978. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 1978. ATTEST: VINCENT O'REILLY, BIAYOR Sue C. Peter, City Clerk Approved by Finance:c%.. I I I [ i-,t,~ _ _ _~_'L _Jl~,,~_~l I I I _ I ' _ I I__1~. I IIJ I _11___ rilL. liJli___ _._.1il 1~_11 _~?l_l~ I1_ ~z~'~- '~ ?Cg~'"::"~&':~-'-~.~ ............. ~'~x ~ ~- ~ '~ ..................... ~ *: ............. ~ ~E iT ~SOLVED 5~ 'I'H~ ~OUNUIL O~' 'I'Hi CITY OF KENAI, ALASKA THAT TIlE FOLLOWING T~NSFER OF MONIES BE M~E IN TIIE CAPITAL PROJECT FUND ENTITLED WA~ STORAGE WINTERIZATION. FROM Administration/Other Project Inspection Contingency ($300) ($2,700) ($2,027) TO Construction $5,027 The purpose of this Resolution is to transfer monies to adequately fund the construction phase of the project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day November 1978. VINCENT O'REILLY, MAYOR ATTEST~ Sue C:~eter, City Clerk Approved by Finance ~.~ CITY OF KENAI RESOI,UTION NO. 78-184 ^ RE.qO!,UTION TO q'IIU C. OIINC11, fl1: TIIF. CITY OF KF. NAI ^IVARBING CONTRACT FOR THE IVIN'¥ERIZATION OF Till:, CITY OF KENAI'S IVARM STORA(;E BUILDINC, EDA PROJECT NO. 07-11-01983.60. WHEREAS, the following bids were received for the ~Vinterization of tho IVarm Storage Building: Deduct ive Deduct ire Deduct i ye Bidder Base Bid Alternate #1 Alternate #2 Alternate #3 Handyman $69,880 $10,143 $10,855 $ 1,497 Redi-Mix Cordova $48,800 $ 3,000 $10,000 $ S00 Construe. Brown $49,800 $ 7,600 $21,800 $ 2,000 Construe. and $~NEREAS, the deductive alternates consisted of the following: 1. Site work and exterior foundation insulation. 2. ~ainscot. 3. Overhead doors and electrical. and ~HgREAS, after budget revisions are complete, this project's funding is limited to $28,427, and I$EREAS, Brown Construction Company's base bid minus their Deductive Alternate #2 is in the best interest of the City and does meet the budget requirements, and ~HEREAS, this Resolution and the Award of Contract is subject to EDA approval, and ~HEREAS, the City of Kenai will provide, if funding is available, in-house construction of some type of wainscot. NOW, THEREFORE, BE IT RESOLVED BY THE COUNC'IL OF THE CITY OF KENAI that the ~interization of the ~arm Storage Building be awarded to Brown Construction Company for the base bid of $49,800 minus the Deductive Alternate #2 of $21,800 for a total contract price of $28,000. PASSED BY KENAI CITY COUNCIL this 1st day of November. ATTEST Sue C. Peter, City Clerk VINCENT O'REILLY, biAYOR ill I r' · R.~. Schm~dg ~/b/a Rou~e Dear Mr. Schmidt~ The. Kenai City Counci~ and the Planntna and ~on~ng "' Co~isston aDproved your request to utilize gravel from the p~t adjacent to the Canne~ Road and R-Lee Seaf~d~ Access Road. The approval was received on .The following conditions will apply: ~. Pr~p~r slopes ~tn~atned. 2. A r~asonabl~ ~istance from Eh~ property line ~u~t · 3.' Price of the gravel will be $0.50 per yard. If you have any ques~ions regarding the above, please feel free to contact us. 81~~ordinator '. ~'~OMMERCIAL ~NtURANCE ~,GENCY ~~~ W~ruef Building ~ ~ P. 0. Box 891 ) ~ldotna, Alaska 99~9 ~ o~ ~enat (90~262.9321 ~en .e ~1~e~ ~nlked ~ ~he Ci~ of gen~ nbou~ btddtn~ ~he1~ 1neu~nnee coverages ~hey tndloa~ed ~he~ ~gh~ be tn~ee~ed tn ea~ng ~tquo~ ~gnl ~1nht~tty eo ' ~Lle ~he~ had no~ e~ed thee oove~.ge tn ~he past, ~h~ ~ le~e~ v~n~ed P~oee ~o~ ~ coverages eo ~hey eo.ld ~ke n deotelon. ~ting this coverage in Alaska. Since that time we ~rke~, h~p~ that we w~uld _ _ , have eo~t~al~ t~ed the ~nd a ~tter ~rkst than we hs~ available. We ~ this ~era~e is ~ing ~tten in Alaska ~ a ~ ~t~ are ge~ing fr~m ~%~ 3.24% ~f the ~s~pre~um f~ CoCa.es. ~e ~nes ~f the Bar. ~is see~ ~ he pretty standard. We n~w have ~ne bid that ~ves us some break ~n the fact t~t the Oity dees ~t ~erate this b~, ~t ne~s the c~e~age sin~e the ~e is ia the Oi~,s ~. ~r ~d is as ~an two Zn~ed~ In name ofthe City o~ ~s~ed~ In name of Cit~ o~ Limits~ $~,~O. S/L Limits~ $%~,O~e S/L ~, th,~ Pre~ , $~,118.~ ~e above P~u~ include t~es & Fe~. ~e ha~ used $2OO,~0. as bar ~o~pts. ~e Pre~ums are ~ p~. ~en ~th premi~s this u~aso~b~, we ~st ~eo~ that the City oa~ this o~e~ge. It ~ ve~ ~fo~u~te that the ~asee won,t oa~ this co~age, ~mi~ the ~ty as ~ additio~ ~sured on his ~, but it doe~'t ~pea~ that he do t~s. We feel this is an e~osu~ that could se~ously hu~ the City, if th~ do ~t h~e ~oe, as these J~ts are ve~ often v~ high and ~e State of Ca.fora recent~ r~ealed their ~ost ~o~ L~, since the cost of ~or ~Mlity lnsura~e not ~t of hand, and the Judgements were so fast ~i~s. T~ san no lonner ~e under that 1~ in Ca~fomia. Rolp~l~, the Alas~ ~slat~ ~ ~al their ~o~t Li~o~ ~ ~thin tho ne~ yea~ or two, so it not be neoessa~ to ca~ this eov~age in A~ska. H~ever, ~ the ~anti~, I t~ the City shoed se~s~ co~ide~ acq~ng t~s ~v~age. ~ ~se ad. se us if ~ ~sh us ~ ~ t~s coverage for the City. October 13, 1978 Winee-Corthell Associates Box 1041 Xenai, Alaska 99611 Attention: ~r. Craig Freas Re: goastruction Quality Control Testing Service for Airport Road Project Xenal, Alaska. For Services Rendered August 25 throug~-'September 1, ~978. Dear ~r. ~reas: ~nelo~ed is ou~ Invoice ~o. 856858-1 in ~he amount oE 8327.1~ Eot pro£es- stonal and labo~aLory services rendered, in addition to expenses ~neurred on t~e above-reEe~enced ~roject. Should you have any ~uesLions conce~ning Lhis invoice, please contact me or the Project Xanaser, ~r. ~ei-Jen Lin. ?hank you, I~'~COXSULTA~T$, INC. Anchorage OffLce Hana§er CJP/kah/2OB-A Enclosure jy?,// --) Willce-Corthel] AssociaLes Invoice No. 856858 Page ~2- Professional Services Week ~ S~.T./O.T. Unit 8/27/78 3.0/--- Engr. Tech Invoice No. 856858-1 Unit Cost 30.00~--- Incurred Expenses Week ~ pnit 8/27/78 Sub-Total for Professional Services Travel & Living Expenses + 10% Freight Cost + 10% 32 (Hileage) © Laboratory Services Date of No. of Service Unit Unit Cost 8/31/78 2 2 1 23.25 22,44 0.30 Sub-Total for Incurred Expenses Total Charge 90.00/--- Total Charge 25.58~. 24.68f 9.60/ Unit Total Unit Cos___~t ~harge B-1 Asphalt Content 55.00 B-2 6radation 25.00 A-12 Fractured Particles 17.25 Sub-Total Laboratory Services 6rand Total for Invoice No. 856858-1 110.00 50.00 17.25 gub-Tctal 90.00 90.00 Sub-Total 59.86 $177.25./ $327.11 PLEASE NOTE INVOICE NUMBER ON YOUR REMITTANCE _ I/ October 13, 1978 R&i'i No. 85685Y Wince-Corthell Associates Box 1041 Kenai, Alaska 99611 Attention: Hr. Craig Freas Re: Construction Quality Control Testing Service for.RedoubtWay Projec~ in genai, Alaska. For Services Rendered August 27 to September 3, 1978. Dear Mr. Freas: Enclosed is our Invoice No. 856857-1 in the amount of $375.59 for profes- sional and laboratory services rendered, in addition to expenses incurred on the above-referenced project. Should you have any questions concerning this invoice, please contact me or the Project Manager, Mr. Wei-Jen Lin. Thank you, Rg~ICONSULTANTS, INC. C. J. Parisena Anchorage Office Manager CJP/kah/2OB-B Enclosure ANC#ORAGI~ Wince-CorLhell Associates Invoice No. 856857 Page Professional Services Invoice No. 856857-1 Week Ending S.T./O.T,. Unit Unit Cost Total Charge Sub-Total 8/27/78 2.5/--- Engr. Tech 30.00/--- 75.00/--- / $ 75.00/ 9/3/78 1.5/--- Engr. Tech 30.00/--- 45.00/--- $ 45.00`/' Sub-Total for Professional Services Incurred Expenses Week Endini~ Uni__t Unit Cost 19.38 11.63 26.30 0.30 ,._8/27/78 '.,_,,'/3/78 8/27/78 8/27/78 Travel & Living Expenses + 10% Travel & Living Expenses + 10% Air Freight + 10% 51 (Mileage) Sub-Total for Incurred Expenses Laboratory Services Total, Cha[g_~ 21.32 d 12.79v 28.93/ 15.30 d Date of No. of Unit Total Service Unit Unit ~9st Charge B-1 Asphalt Content 55.00 110.00 B-2 Gradation 25.00 50.00 A-12 Fractured Particles 17.25 17.25 Sub-Total Laboratory Services Grand Total for Invoice No. 856857-1 8/29/7S 2 2 1 $120.000( Sub-Total $ 78.34~ $177.25/ $375.59 PLEASE NOTE INVOICE NI~IRER ON YOUR REMITTANCE CH2M []HILL engineers planners · economists scientists City of Kenaf P. 0. Box 580 Kenat, Alaska 99611 Date 15 October 1978 Job No. K10505. D1 Cllem Ref. No. Invoice No, 9527 Attn: Mr. dohn Wise, Manager STATEMENT For services through 24 September 1978 in connection with late charges from 24 August 1978 billing period regarding STP Mod'lfication Contract Documents. Professional Services: Vanderaa, M.H. 2 hfs g $53.00 Total Professional Services Expenses: Word Processing $ 6.60 Telephone 3.68 Postage/Freight 75.54 Total E~penses A~IOUNT DUE .............. $'106.09 $106.00 85.82 · $ 91.82. DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE'· OF 1% PER MONTH, WHICH AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MOHTH)o WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. 310 K Street, Suite 602 Anchorage, Alaska 99501 g07/279-6491 Anchorage Office · CiTY OF KFNAI ,~.,v ~.~,',r:^r.,-~ __: .,~, ~':,,',-'r¢~,,~ [~LI [ Y CLLRK ~ Ted Forsi and Associat~ 107 W~ 81xth Avenue, Suite 205 ~ora~, Alaska 99501 · (g07) 274.g617 -1 Date 9ct@bet 10, 1978 Mr. John Wise City Manager City of Kenai Box 580 Kenai, AK 99600 · Jmmary of Work Completed Project No. _783:~ Project Name Kenai Waterline Billing for Period Seotembe~- RI~CEIVED Bruce Robson, CAvil Engineer Carolyn Ivy, Draftsman Rexann Wood, Clerical Supplies Bin4/ng Telephone Charges 43.5 Hour~ @ $40.00 Hour 21.0 Hours @ 25.00~Hour 30.0 Hours @ 14.0~Hour $1,740.00 525.00J 420.00 23.38 32.12 24.38 Total Due PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILL~ SUBJECT TO I~PER MONTH CHARGE. $2,764.88 '[ I I '1 '-'1'1 ...... ]' I Pages requiring no correction - per page. Pages requiring oo~reotions - per page. · · . . .$1:~.oo · ....$13o00 Bi'NDF,~.q ] Meohani~al Loose-leaf Binders -- in lots of 20 - Each .$15.00 ~s~.~.~, F.O.B. - SeattLe. n si in o£ the contract, one thous~nG ($1,OOO.O0) dolla dollars is due wllen a ~xs~ Om ~lved, Is s~tte~ ~ ~e municipal atto~ey. The balance of[ the total cost of the code is due on delivery o£ ~he code books to the municipality. By agreement between the company and the municipality, the payment schedule may be extended over a longer period. Balances due later than sixty (60) days after delivery of the code books axe subject to an interest charge of 8% per year, to be paid with the principal Pa2ments. ?ca cq L - xo. TAme is of the ess_ence: Xt is the £ntention of the company to ~cl£ve~ the completed COde volumes to the municipality within Should delivery be de- one ear of the signing of this co. ntr. a?t. ....... duties Y 's ae-a xn per~ornun~ ~s acco g ....... ~ ~ ~ ~ comDensato for any lncrea increase ~me t~naA cos~ o~ ~ .-~-'~ -- = · A~ labor, ma~erials or overhead costs. 1. Upon completion of the editorial and codification work, the ~o~e will bo reprod.uce, d ac.cording to samples submitted and the style ~elsoted by the municipality 2. Binders shall be a loose-leaf style selectod by the munici- palAt~ -- either the binder submitted as a sample, or a binder ordere~ at an additional cost, as specified by the municipality. An appro- priate title approve~ by the municipality shall be imprinted on each bLndez. 3. All labo~ and materials for the completed code will be fur- nished by Book Publishing Company and all services will be performed in a professional manner. 2 1. The payment sohedule shall be as agreea be~een llshtng Comply ~ ~e m~i=ipality ~ ~less o~e~tse ~ ~t~ng s~ll be as set for~ on page 2 of this ~ontraot. 2. The ~sts s~11 be a==or~tng to ~e bid agre~ent by ~k ~l~sh~g Comply ~a ~e m~i=tpaltty. The ~tal ~s ~ete~ne~ by ~e n~er o~ printea pages tn ~e ~mple~d ~e n~er of copies ordered, ~e uso or o~ssion of t~bed title ~vtder pages, ~e seleo~ion o~ binaer~ at extra ~st, o~ ~rt~nt fao~rs. 3. If a s~te sales ~ is appltc~le ~ ~is ~rk, ~e ~t O~ ~ ~ ~s ~ a~ttion ~ costs ~ote~ ~n ~is con~aot. 3 .© ANNUAL ~D:I;TO3R/AG I*,~]Z .... $100.00 CO~T PER PRZNTF, D PAGE . . .$ 12.00 1. Supplements will be published au often as requested by the municipality. Supplement intervals may be changed at any time at the request of the municipality. 2. Ordinances adopted by the municipality are to be forwarded as they are enacted. Book Publishing Company will edit such ordi- nances, appending appropriate headmotes, oatohlines, cross refer- ences and explanatory notes, and reprint the page or pages of the ~ode amended, removing the provisions superseded by the amendment and inserting the new provisions. The pages tut the comprehensive index which are af£eoted by the amendment will also be revised to tak~ account of changes and new provisions, and will be reprinted. 3. Copies of the supplement pages for each code book together with insertion guides con~aining full instructions for insertion of all supplemental material and revised index pages, will be supplied to the municipality. 4. Supplements will be in the style and format of the original codification. 5. Payment for the suppXep~_~t service w111 be at the per-page ra~ established tn the aignedb£d agreement. Payment ts due on deliverytothemuntoipalityofthe aupplement mater£al. 6. The supple__.m~_nt service may be terminatedby written notice of cancellation received not leas than 60 days prior to the editorial ou~o££date for any one supplement. THIS CONTRACT IS A VALID PROPOSAL FOR A P~.RIOD OF NINETY DAYS FROM THE DATE OF ~TS SUBMISSION TO THE MUNICI~?ALITY. B~d submitted Auqus2 29~ 19,,7,8 ,, _ BOOK PUBLISHING COMPANY A corporation Aooepted - Date 'O MUNICIPALITY OF KENAI.,___ALASKA /' AMENDMENT TO LEASE OF AIItI'ORT LANDS OR FACILITIES This A.~IENI.iMENT entered into thi~; -- day of 197~, by ilad between ilia CITY OF KENAI, Iwreimtfler eidled "City. and C. R. Baldwin. Timothy l{offevs. ,l~mes A, At'ness ~nd Josepil hereinafter enlled "Lessees." WHEREAS. on October 25, 1977, the City entered into o le;t~,~ the Lessees fo~' Lots 5 and 6, Bloek 3, Cook Inlet Industrial Air Kenai R~o~ding District, Kenfli, Alaska, WHEREAS, the Lessees have requested an amendment to the lense in order to ~elld tho covenants of the lease to ~)nf()rm ~o the Iww Ordinance ~400-78, as amended. NOW, THEREFORE, the parties hereto agree that the lease d~t~ October 25. 1977 and ~eorded at Book II?, Page 642, KenaJ Rccordinff District, belwee~ the City and the Lessees is hereby amended tis fiHlow~: 1. The gener~ covenants sta~ing on page 2 and ending on page ~ of the l~se are amended to comply with the changes ~ pr~.tded by the new leasing Ordinance ~400. 78 as ~end~, in the form as at~ehed hereto and made a p~t hereof marked as Exhibit 'A ." 2. The flgo-ye~ rent ese~ation provision of Para.apb 9 ~e emended ~venants of ~xhibit 'A' herein shall ~ determined aeeorr~ng to tho inception ~te of the original lea~. 3. The L~seo may opt fit the be~nnlng of each new lee~ year to pay ~nt In equ~ monthly inst~lments, payable in advance on aP ~fore the first day of July and on or ~fore the first of each month thereflftm'. STATE OF ALASKA ) )ss. THIRD JUDICIAL DISTRICT ) On this ~ day of CITY OF KENAI By. City Manager , 1978, before me persomdly appeared John E Wis~. known to b~ .t.~ p6rso{{ {, ho executed the above Lease. and acknowledged that he had the authority to sign, for the {:u.~! s~ated lhere~m. Notary Public in and for Alaska My Commission Expires: __ I1 I 11~.__ k ~TATF C~P AI,A.~gA ) ) as THIRD JUDICIAL DISTRICT ) On this '.~' 'day of ","/1. '. ~ , 1978, before me porsonally appeared (~ ~' j 5, , , known to be the person who ex.uteri the above Lease an~ acknowledged that he had the authority to sign the same, fo~ the purposes stated therein. Notary Public in and for Alaska My Commission Expires: .. ' -/ . ~SSF. __~- -' 8TATg OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) On this.;,{/, day of..=:/, ', :/.(, , 1978, before me personally appeared .:'..~, ,. .- .. - ,., · , known to be the person who exeeu~'ed the above Lease and a~l~nowiedged that he had the authority to sign the same, for Notm~r Public in and for A~.~ka My Commission Expiates: ' -' //~TA/ TE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this .~-~.~lday of /~' laSe.~ , 1978, before me personally appeaeed .'/~-,.ei t~. ~,,~s: , known to be the person who executed the above Lea~e anc[ acknowledged that he had the authority to sign the same, for the purposes stated therein. Notary Public in and fol~Alaska . My Commission Expires: I1 I -I I '1-1 m'~TElOr ;~LASKAI ) THIRD JUDICIAL DISTRICT ) o. this z_~,lsy of oppeaped J~. ~. flfft~. L , known to ~ the pt,~son who e~eented the above Leaso and acknowledged thst ho had the authority to sign tho sums, for the purposes state ' e~'ein. ~ly Commi~ion Expi~em Se~reta~J APPROVED AS TO LEASE FORM by City Attorney ,~ (Initials) APPROVED by Finame Director ~ ~ fl (Initials) APPROVED by City Msnager .~ t · (Initials) lEASE APPROVED by City Council this day of , !9'/8. City Clerk AMENDMENT TO LEASE OF AIRPORT LANDS OR FACILITIES ?his AGREEMENT entered into this ,*,- day of October, 1978, by and bctw~ea th~ CiTY OF KE~/~, hereinafter called "City" and KENAI AIR SERVICE, hereinafter called "Lessee." WHEREAS, Lessee has requested Council consideration to allow operation of a rent-a-car agency in the Kenai Air Service existing facility (counter spa~e number ]SA)~ leased within the ~enai ~unicipa! Airport Terminal. NON, THEREFORE, the parties hereto agree that the lease dated July 1, 1978, and recorded in Book 131, Pages 410 through 419, Kenai Recording District between City and Lessee, is hereby amended to read as follows: Page Two of Lease - "The purpose for which this lease is issued" shall include the followoing: "... and operation of a rent-a-car agency according to the conditions of the agreement between the Lessee'and James E Carter, St, dated Oelober 97.1978 _, and the agreement between the City and James E Carter, St, copies of which are attached hereto and demarcated Schedule IN WITNESS ~a{EREOF, the parties have executed this Amendment. LESSEES STA~E OF ALASKA THIRD JUDICIAL DISTRICT / ) SS. On this 2~h ,, day of O~ober , 1978, before me personally ap~&ared Corn~iusJohn~n~ ................. known to me to be the persons and officers whose names are subscribed to the foregoing Lease, who, being duly sworn, did say that they are President and Vice-President, respectively of Kenai Air Alaska, Inc, Company, a corporation and acknowledged to me that they executed said amendment as their free act and deed in their said capacities, and the free act and deed o( said corporation, for the purposes stated therein. ~IVEN ~NDE~ MY HAND AND SEAL OF OFFICES, this ~h ~ay of o~_ , 1978. My Commission Expires= lO-ll-8~ AGREEMENT FOR OPERATION OF A RENT-A-CAR BUSINESS Tills AGREEMENT made and entered into this day of , 1978, by and between JA~iES E CARTER, SR, a~d ~he CITY OF KENAI, a home-rule municipal corporation of the State of Alaska. NOW, THEREFOPF, in consideration of the foregoing and of the mutual promipes herein contained, the parties hereto agree as follows: 1 The City of Kenat hereby authorizes James E Carter, St, to conduct a rental car business in the Kenat Municipal Airport. Such business shall be conducted in the terminal space now occupied by Kenai Air Service by lease granted July l, iq?8 in Book ]31, Pages 4]0 through 419, Kenai Recording District, and upon the parking lot space authorized herein. 2 The rental ear business shall be conducted in accordance with the Agreement between James E Carter, St, and Kenai Air Service dated Oetobe~ ~?.~9~$ , a copy of ~ich has been furnished the C---~ty. 3 James E Carter shall pay to the City ten percent (10%) of his gross receipts on rental transaction~ for the privilege of conducting the business authorized herein and pay thirteen percent (13%) of gross receipts from the sale of personal accident insurance. Payments shall be made by the 15th of each month for the month preceding and shall be accomplished by a separate certified statement showing gross receipts from the business herein authorized for the month for which payments are made. If any certified statements are found to be incorrect statements of gross receipts for the month involved, any addition- al amount determined to be due the City shall be immediately paid to the City by James E Carter, Sr and any amount of overpayment by James E Carter, Sr shal! be credited against the next monthly payment due to the City under this agreement. 4 James E Carter shall furnish to the Airport Manager, for auditing purposes, the block of contract numbers that will be used for car rental agreements covering business originating at the Kenai Municipal Airport, and shall further advise the Airport ~anager when additional contract numbers are assigned for the Airport operations. 5 The following definitions shall apply for purposes of the agreement~ 'rent-a-car business" shall mean the business of renting passenger cars and ~rucks for periods of time not in excess of sixty (60) days. Each rental transaction shall be by a separate agreement, and any extention of use by the renter of the period of time originally contracted for shall be considered a separate rental transaction. 'Gross receipts" of the rent-a-car business shall be the total amount of the time and mfleage charges on car rental transactions. 6 James E Carter shall have the right to uae parking space as designated by the Airport Man~-~r for not more than ten (10) vehicles. 7 The term of this agreement shall be for eight months beginning November l, 1978 and terminating J~ne 30, 1979. Either party shall have the right to cancel this agreement for any reason upon sixty (60) day's written notice to the other party. -CONTINUED- /, RHNT-A-¢'AR BU.gINE$S ~ pacju 2 8 .7ames E Carter shall be responsible for insuring that his aq~.nts keep tho ,~rea in which the services are offered or the public area in a neat and presentable manner. Altt. raLions of the ar~a used shall be made pursuant to the lease between genai Air Service and the City. 9 James E Carter, for himself, his successors in interest, and assigns, as a part of the consideration hereof, does ~ereby agree t~at no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subj¢,cted to discrimination in tho use of said facilities and that rent-a-car shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted Programs of the Department of Transportation - Effeetuation of Tit&e VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 10 In the event of breach of any of the provisions of this agreement by James E Carter, City shall, upon five (5) days written notice to James E Carter, have the right to cancel the privileges granted herein. STATE OF ALASKA ) )SS THIRD JUDICIAL DISTRICT ) On this 2?th day of Oetobe~ , 1978, before me personally app~6d James E Carter, St, 'known to be the person who executed tho above Lease, and the acknowledged that he had the authority to sign, for the purpose stated therein. NOTARY PUBLi: F R A{A. ~ -- My CommlsM~ Expires: This Azree~ent entered £nto this '.~7~~ day of October, 1978, by and between Ken~i Air Alaska, Inc., herelnnfter called Lessor ~nd Jim Csrte~ St,, hereinafter c211ed Lessee. Lessee will pay to Een2i Air Alask~ Ine, the sum o£ for eountem space number 1SA within the I~en~i l.~nicipa! Airport Lessee ~ill ~1~o ~.~ork with Lessor in con- nection with £1ights and public ~el~tion liturature(psmplet~ brochures, This Laase will terminate at the end o£ each month but may be renewed mutually by each party, 1'fitness ] Ella #07-51-269!)8 ] Kenai~ Alaska Desctiplion of ch.mg~'s · quantities, units. Decrease in Increase in unit prices, chan&e in ¢oml~lelion schedule. ¢1c. contract ptlc¢ contract price Remove 13 truckloads of logs (2 trucks 0 at: hours 0 .~50.00 = $350.00 1 980 B loader 3~ hours @ $85.00 = $297.50 S647.50 XXXXXXXXXXXXXX Change in conuact p~ice dec to this Change Order: Total decrease g Total increase XXXXXXtCXXXXXXX $ 647. S0 Diffeterge between ~I. (~)~d (4) ,~ 6~ 7.. ~0., Net (increase) (~ctease) contzact ptsce S 647 · SO ~e sum of S ,64,7 ~ S~, , is hereby (add~ to) (deducted from) the total commct ~ice, and t~ total adjusled c~tract price m date ~etcby is $ . ~e time pzovlded fnr co~pleti~ in the c,,ntzact is (unc~nged) ~X~&~ by 0 calendar ~ys. ~is do~mcnt shall ~comc an atnendmcnt m the conuact a~ all provisions of the contract will arpty hereto. Recommended by. :' /4~ ~lect/gng~aeet ''' L ~:!11 . ! .,,,.,,.,.,,o,, ,o,, ~,,,.,,~,. /'-;'-*.'-.?'-" "* '~'~ Removal of Imclas'ifJed rotttn Io,s thi ~ t~ dl~l itt{ · . ' DJ lit ~ ] ItS' relocfl! loll. 2. is proposed change an alternate bid? ~'.~ ¥cs ~ No 4. Effect of this chan~e on other pt~e con.actors: NONI~ Has consent of surer/been obtnlned? ["'1 Yes [~ Not necessary EJ(ec~ on o~tat~on and ma~nteninee costs: Removal of logs ~ill ~nsure a more stable road bed ~ shoulder resulting in lover maLntennnce costs and extended life of the project. Brow. Cons t ruct iol) C.o~lpally ~'~'~nt~-~)~dr~ No. 2 unit prices, change if, comple~Jon ~hed, le~ etc.conefacf i.~ice Removal of Log Crib on Airport Loop (2 trucks; 3'~ hrs. 0 $5o.(10 ea. -- $350.00 1 980 g Loader 5~ hrs. @ $85.00 $297.50 c un,.Kl~tlce $647. SO ~xkxxxxxxkxxx.~ Change in conuacc ptlee due to t~is C~n~c Order: Totul decrease Total inc:e~se XXXXXXXXXXXXXX S 647. ~0 ~iffezence ~tween CoL (~) an~ (4) I 647. ~0 ~m of S 647. SO , , is hereby (zdded to)~fi~) the total contract ~ice, and tim total adjusted cont/~ct ptlce m date d~e~eby ~s ~ .... · time plovided for c~plelion ;n the c.ntract is (unchflged) ~~ ~ 0 calendar ~Fs. ~Js do~mcnt shill ~eome an amefl~ent to the contract &~ oli ~ovisJofls of the c~tract will ~ppJy hereto. Recea~me~ed blt .... /ad~i~ec0~.:n&tneet pate - ~n~ac~g Date Ap~oved ~ ~* Ult, USCOMM-DC I~UIIa-P~I 1. Hece.~hy ~,~ chan~e: Remove delet¢.rlous rotten Logs t~ .qel)tlc tank sludge from road bed for Airpor! I,oop. · 4, Effect of this change o~ c.(her J~;me coo.acts.s: NONE 6. Will tats change affect eap;ratloo of eatent of insurance covefo~e? [~ Yes ~ Ho Removal Of logs ~ mfltcTia! WJ]! insure fl mote stable ro~d bed which will result in lo.er maintenance costs a~d extended life of the project. .! CONTRACT CIIANGE ORDER ~.u.~'.~,~ ....................... I Install 31' - 0" 6" I).I. (:lass SO Smcer pipe 0 S13.50 = $418.50 less 18.25' pipe 0 $0.40 ~ $116.80 i S301.70 (furnished l)y City of gcnai) / ~ange in c~uact ~ice due to this ~ange Order: T~al ~c~e~se ~ XXXXXXXXXXXXXX Total increase XXXXXX~XXXXXXX ~ 501.70 Di~letence ~t~ecn ~l. O) ~d (4) ~ ~ 30 ] . 70 ~e sum of I. 301 · 70 is hereby (add~ to) (deducted h~) the local contract ~ice, and the ~e time p:ovided for complet~ in ~e coat,act is (unchanged} g~X~g~ ~ O, calendar ~ya. ~ia do~nt *~ll ~come aa a~.dm~t to t~e c~ttact aM all wovisi~s of the c~t~act ~ill apply h~eto. gee~e~d by ..... ....... '-' iil'l .... il I 'r;I ........ I'-'li-F" I III in order to excavate roadbed. 3, Ir'ill proposed change alter the physical si~t of the project? 4. ~ffect of this chan$e on ethos prime contractors: NONE $. Bas consent of surety been obtained? 6. Will this change affect expltation or extent of insu:ance covczage? f! 'yea," will the policies be eztended? 7. EH¢¢I on operation and maintenance costs: NONE l--I Yes [~ Not necessary [~] Yes []~J No l'1 Yes t--I No · '?IiF ........ ' ...... ~ ...... Il- -- I LEASE ' Tills INDENTURE of lease made nmi entered into this Is/ day of November 1978, by and between PENINSULA ENTI.:IIPI[LqES, INC., n eorporntion organized and exisifng under tho laws or tile State of Alaska, hereinaftel' called Lessor, and tile CITY OF KI.:NAI, n home rule munlcipalily organized sad existing under tile law:; of the State of Alaska, hereinafter called I,c.~:.~ee, WITNESSETIh WHEREAS, Lessee desires to lease the follewiug dese:'ibed property, and I,essor is willing to lease tho same to the Lessee under the terms and eondition~ hereinafter stated; Tho said Lessor, for and in consideration of tile fonts al~d covenauts hereinafter ~nentioned on tile part of the ]~cssec to be paid and pel'formed, has let and leased, and by these presents doc~ hereby let ~nd lease to the said Lessee, the following: Lots 16, 17, 18 and 19, located on the Renal ^irpert, Kenai, Alaska, including the hangar and any improvements thereon, to have and to hold for the term of six (6) moraths, beginning on the Ist day of November, 1978. The Lessee agrees to pay the sum of Two Thousand Two liundred Dollars ($2,200.00) per month for the aforementioned premises, tile first payment to bo made on tile Ist day of November, 1978, and a like amount on the Ist day of each month thereafter for the term of thi.~; Lease, or an extension thereof. Thc Lessee has examined aud knows tile condition of said premises and has received the same ill good order and accept "as is." The Lessee may not assign or sublet uny portion of the premises covered by this Lease without first having obtained written consent by the Lessor. The Lessee covenants and agrees that it will not do, or permit any- thing to bo done on said premises, bring or keep anything thereon, whiel~ will conflict with the laws relating to fires, or with the regulations of tho fire department, or with any insurance policy or policies upon said building or any part thereof. The Lessee covenants and agrees that it will not suffer or commit any waste of said premises, and at the expiration of this Lease it will quit and peaceably surrender said premises in as good condition as reasonable use and wear thereof will permit, damage by fire or the elements excepted; and that the Lessor, its agents and servants, may at all reasonable times enter upon said premises to view the same. Lessee shall pay for all heat and utilities necessary to the operation of the leased premises. Lessee ag~'ees to save Lessor harmless from any and all damages arising f~om personal injuries received by any person or persons whomso- ever, whether employed in or about, or wisi!gr,i or guests to the demised premises or any portion thereof, and from ia:v of the appurtenances thereto incident. Lo.,-;sei: a~rees to do 11o act and perm[t lie act to be done to enHr{o any lien to mature against the nbow~ described premises. Tho Lessor ~vonunts find fl~reoa hereby that the l.~:sseo pnyln~ said rent in the manner {{forc:;aid and pol'fi}l't~l{ll~ the other covenanl9. terms aI~d eol~ditions of thil; I.oaae on tho part of said Lessee lo t.c kept and porfcrmod, may and shall have th~ right ,t all times during the term of this Lease to quietly nl~d peaceably hold. l~O~Snss, use. ~eupy and enjoy the said leased premises, but if ally default b. la{lo in the keeping of any eovennllt aqreod to bo kept hy lbo l.¢.s:;el.. {hall it shall he lawful for the Lessor. at its option, to terminate this I.oase and reenter upon said premises nnd the whole thereof. In the event tire above described premises Minll be thmtroyed or so damag'ed by fire or other casualty ~s to he.me unfit fey oecupm~ey theveot by the linasec, ~nd if ~tey shall beeom~ so badly damaged that the premises cannot be repaired within sixty (60) days fi'om the happening of said injury, then nt the option of the pm'ties hereto, this Lease shall cease and become null and void from the date of such danmgo or destruction. and said l.e~see shall immediately surrender said p~emises and all interest therein, and rent shall be paid only to the time of such surrender. If said building shMl be destroyed by fire. or partially dostcoyed ns mentioned in the preceding sentence, but the building can be repaired within sixty (60) days. then the Lease is to remain in effect, but the Lessee is to pay rent only for the period during xvhieh the building is satisfactory for occupancy. Nothing in this clause, however, shM1 be construed as a release from liability. either under this Lease or otherwise, in the event the loss or damage shall b~ caused by the wilful sets of the Lessee. The Lessee covenants and agrees that at the termtmttion of this Lease it will remove from the above deseribed premises all property thereon that does not belong to the Lesbor; and. itl tile ~vent Lessee fails to do so. the Lessor may move the same to a place of storage to be chosen by Lessor. at thc risk and expense of the Lessee. Should it be necessary for the Lessor to bring legal action against the Lessee for the collection of monies, waste to premises, legal action in ejectment or any other legal action which may be brought by the Lessor. the Lessee agrees to pay the easts of such legal actions, togetlter with a reasonable attorney's fee. The Lessee hereby covenants and agrees to pay to the Lessor the rental above specified for the full term of this Lease and at the time and in the manner set forth. It is agreed that default in pay,nest of the rent for a period of ten (lC) days after notice of said default shall work a fo,'feiture of the Lease at tile option of tile Lessor. It is agreed by and between the parties hereto that in the eveut of a breach of any of the covenants and provisions hereof on tile part of the Lessee, thc Lesser may retain such sums so paid by the l.essee to it ss advance rent, and the same shall be deemed to be lkluidated damages for such breach of this Lease, and this Lease shall be forfeited by Lessee. In the event that the Lessee shall become bankrupt or shall make a voluntary assignment for the benefit of creditors, or in the event that a receiver of the Lessee shall be appointed, then, at the option of tile Lessor and upon five (5) days notice to the Lessee of the exercise of such optiou, this Lease shall cease and come to an end. LEASE - Page 2 {{ Tho l,os~ee MIMI llaw~ an option to renew this I,ea~e, upon tho mime terms a~d ~ndJtions herein, for a peri,~l of one (1) year, l)rovidod, however, that Lessee Mmll notify Lessor of its intent to exercise smd option at lens; thirty (30) days priol, to tit(, expire;lei, of this l,em.e. ~nid notit'i,mtion to bo tn writiag, addressed to l,esso~, e/o 1'. O. Box 212, l(enai, Alaska DATED ou the date and year hereinabove first written. PENI',/SUI,A E.~TI.:RPRISI.:S, IN(.'.., Losso,' By: James E. Cm'ter Tit]e: CITY OF KENAI, Lessee By: John E. Wise Title: City Manager STATE OF ALASKA ) ) ss TIIIRD JUDICIAL DISTRICT ) 'j Tills IS TO CERTIFY, that on this__ day of November, 1978, I)t me the undersigned, a Notary Public in and for Alaska, personally ~p_oe'n'ed JAMES E. CARTER, known to me to be the Secretm.y-TreasuPer of P,min.%ula Enterprises, lee,, and he seknowledged to me that he exeeuted tile foregoing instrmnent for land on behalf of said corporation 'purst,nnt to authot'iz~,tion of its Board of Directors, and that he executed the same fi'eely and voluntarily for the intents and purposes therein set forth. WITNESS my hand and seal on the day and year hereinabove last written. Notary Public in and for Alaska My Commission Expires: ~ STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ~ day of November, 1978, before me, the undersigned, a Notary Public in and for Alaska, personally appeared JOHN E. WISE known to me to be the City Manager of the City of Kenai, and he acknowledged to me that he executed the foregoing Lease and acknowledged that he had the authority to sign, and that he executed the same freely and voluntarily for the intents and purposes therein set forth. WITNESS my hand and seal on the day and year hereinabove last written. ...... { [-'F ....... {l~? ' Notary Public in and for Alaska My Commission Expires: · LEASE-- Page 3 ORF~INANO,~ #443-?8 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISttING A RESERVE FOR SEWER TREATMENT PLANT IMPROVEMENTS IN THE WATER AND SEWF. R SPECIAL REVENUE FUND TO BE FUNDED FROM THE GENERAL FUND RESERVE FOR CAPITAL IMPROVEMENTS AND THE WATER AND SEWER FUND RESERVE FOR FUTURE PLANT EXPANSION. WHEREAS, the U ,S. Environmental Protection Agency has mandated that the City of Kenai upgrade its Sewer Treatment Plant, and WHEREAS, the Council desires that the City's share of this project be funded by the Water and Sewer Fund Reserve for Future Plant Expansion, and by a loan from the General Fund Reserve for Capital Improvements, and WHERF. AS, it is in the best interest of the City that monies be dedicated as early as possible so that there will be assurance of availability of funds at the time eonstruetion begins, and WIfl~RF. AS, the monies appropriated from the General Fund Reserve for Capital Improvements is to be considered as a loan, to be paid back by the Water and Sewer Fund with interest, and WH~.REAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAi AS FOLLOWS: A Reserve for Sewer Treatment Plant Improvements in the Water and Sewer Special Revenue Fund be established by the following increases in estimated revenues and ap- propriations: General Fund In~rease Estimated Revenues:. Contribution from Reserve for Capital Improvements $400,000 Increase appropriations: Transfer to Water & Sewer Fund $400,000 Ordinance #443-78, Page 2 Water and Sewer Fund ...... 11 / Increase Estimated Revenues: Transfer from General Fund $400,000 Contribution from Reserve for Future Plant Expansion $I00,000 Increase appropriations: Transfer to Reserve for Sewer Treatment Plant Improvements $500,000 The transfer from the General Fund Reserve for Capital Improvement be considered as a loan, to be paid back to the General Fund at 5.25% simple interest, which is deemed to be a reasonable long-term bond rate, under a schedule of payment to be established at the time the sewer treatment upgrading is completed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 1st day of November, 1978. ATTEST: Sue C. Peter, City Clerk Approved by Finance. ~.¢~, VINCENT O'REILLY, I~YOR FIRST READING: October 18, 1978 SECOND READING: November 1, 1978 EFFECTIVE DATE: November 1, 1978 CITY OF KENAI ORDINANCE 444-78 A~ ORDINANCE OF TIlE COUNCIL OF TIlE CITY OF KENAI, ALASKA INCRF~SI~/ ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF ~OR TITLE II, ANTI-RECESSION REVENUE SHARING FUNDS. - WHEREAS, Resolution No. 76-68 authorized the City Manager to execute the Statement of Assurances required to. obtain this funding, and WHEREAS, Federal requirements mandate that these funds be spent within six months of receipt, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the 1975-79 General Fund, Water/Sewer Special Revenue Fund, Airport Terminal Enterprise Fund, and Anti-Recession Assistance Special Revenue Fund Budgets be amended to reflect the following increases in estimated revenues and appropriations. Anti-Recession Assistance Special Revenue Fund Increase estimated revenues: Public Works Employment Act of 1976 Title II, Anti-Recession Revenue Sharing $29,400 Appropriations: Transfers to General Fund Transfers to Water and Sewer Fund Transfers to Airport Terminal Enterprise Fund $26,420 2,480 500 General Fund Into, ease estimated revenues: Transfers from Special Revenue Fund (Anti-Recession Assistance) $26,420 Appropriations: City Attorney - Books City Attorney - Printing and Binding Department of Revenue - Rent Streets - Repair and Maintenance Supplies Streets - Rent Library- Lights 300 6,000 2.050 4,000 13.200 670 26,420 ORDINANCE 444-78, Page Two Water and Sewer Special Revenue Fund increase estimated revenues: Transfers from Anti-Recession Assistance Special Revenue Fund Appropriations: Water and Sewer - Repair & l~Iaintenanee Supplies Sewer Treatment Plant - Machinery & Equipment $ 2,480 600 1,880 2,480 Airport Terminal,, Enterprise Fund Increase estimated revenues: Transfer from Anti-Recession Assistance Special Revenue Fund Appropriations: Airport Terminal ~ Improvements other than buildings $ 500 500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of November, 1978. ATTEST: VINCENT O*REILLY, MAYOR Sue C. Peter, City Clerk FIRST READING: October 18, 1978 SECOND READING: November 1, 1978 EFFECTIVE DATE: November 1, 1978 Approved by Finance Director: . I i · ! ! 1 I SCALE: !". ! Mile SHEET · . AS STAKED CANNERY 'LOOP ,LOCATED IN 1/46.E. f/4 SEC ? T Swve]~d for UNION OIL COMPANY OF CALIFORNIA I OF 2 UNIT' I Surveyed by Bell, Herring and Associates ENGINEERS AND LAND SURVEYORS ~40 Arctic 'ANCHORAGE, ALASKA 99S03 Be RI~GULAR MI.;I.71'IN(i -- I{I';NAI CITY COUNCIL OCTOI:E|i IS. 1978 - ?: 00 KI'.'NAi i'IIBLIC SAFI:.T¥ Bt'Il,DING PI,EDGI; OF ALI,I;GIANCE ROI.L c'.~! L AGENDA APPROVAL IlEAItlNGS 1. Ordinance 431-78, controlling vehicular traffic mi I,eaehes wilhtn the City limits 2. Ordinance 43S-~S, Increasing c~ttmnted rev~-nue~/nnproprtation~ Jn the amonnt of $2,789 In the Water find Sower Special ~evenue Ftmd 3. Ordinance 439-~8, tnereflsinff estJtn'tl(,d revenu,~/npprop*.intion, tn the Air~rt ~t~nwfly Paving Project by $968.000 and in lhe Airport I,alRI Syslom by S~g.022 4. Ordinance 440.-~8, Amending personnel regulation~ to provide positions for operation of a detention facility 5. Ordinance 442-~8, Establishing special revenue f~nd "grate Jail Contract" C. PERSONS PRESENT SCIIEDUIJ.:D TO BI': IIEAI{D 1. Dr. John tVilsey, Kenai Commnnity College 2. Mr. R. L. Rolmr. lease of City lands $. Mr. Oary Eitel, modification requests to Airport Terminal lease 4. Mr. Larry Vavra,Unton O11 Company D. MINUTES I. Minutes of the regular meeting of October 4, 1978 ~. Minutes of the special meeting of October 12, 1978 CORRESPONDENCE I. Kenai Art Guild OLD BUSINESS !. Change Order #2 - Rockford Corporation O. NEW BUSINESS I. Bills to be paid - bills to be ratified 2, Requisitions exceeding $500 3. Ordinance 443-?8, Establishing', a reserve for Sewer Treatment Plant In;provcme~ts 4, Ordinance 444-78, Increasing estim0ted revenues/appropriations by $28,530 for Title II, Anti-Recession Revenue Sharing Funds 5. Resolution 78-169, Supporting ~pplieation for certification of Palm, Ah'lines $. Resolution 78-170, Accepting the CII2M lltll Proposal 'Kenai %s'nste i~.'ater Facilities Plan" ?. Resolution 75-171, Transfer of funds - Streets Budget - $2,079 $. Resolution 78-172, Awarding a contract for receipt of gravel 9. Re6olution 78-173, Contract with CII2M iltl] - Repair of runway and related facilities 10. Resolution 78-174, Contract between City and WineeoCorthell 11. Resolution 78-175, Contract between City and Ted Forsl & Associates 12. Resolution '/8-I76. Transfer of monies within lledoubt ¥:ny Paving Project 13. Resolution 78~I77, Award of contract for purchase of grader 14. Lease of Airport Lands - Carr-Oottstetn Properties, Inc. 15. Pay estimates --- various projects - Brown Construction Company. Inc. 16. Payment to Carmen Gintoli for architectural services 17. Discussion - Lease of hangar for warm storage 18. Resolution 78-178, Supporting the location of ALPETCO at %¥ildwood H. REPORTS I. City Mflnager% Report 2. City Attorney's Report 3. Mnyor*s Report 4. City Clerk's Report 5. Finance DJrcctor*s Report 6. Planning & Zoning Commission's Report ~. Kenai Peninsula Borough Asscmbly's Report 1. PERSONS PRESENT NOT SCilEDULED TO lie HEARD ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 18, 1978 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING ~ MAYOR VINCENT O'REII,LY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ronald Malston, Vince O'Reilly, Michael Seaman, Phillip Abet, and Edward Ambarian Absent: Dan Whelan and Betty Glick AGENDA APPROVAL Council approved the deletion of item G-9 and the addition of G-18, Resolution ?$-178, Supporting the location of the proposed ALPETCO facility B. HEARINGS B-I: Ordinance 431-78, Beach Ordinance Mayor O'Retlly read Ordinance 431-78 by title only as copies were available for the public. "Amending Title 13, Penalties and Offenses of the Kenat Code, as amended in order to add a provision controlling vehicular traffic on beaches within the City limits and other designated areas." Mayor O'Reilly opened the hearing to the public. Carmen Gtntoli: Requested that the entrance road to the beach off of the road that curves in front of the Sewer Treatment Plant be changed to another location. Mr. Wise responded that Administration felt that access from this point would result in less damage to the road. Phi!lip Bryson: Suggested that the line of designation be the westerly ROW line of Forest Drive. There being no further response, the matter was returned to the Council table. MOTION: Councilman Ambarian moved, seconded l~y Councilman Abet, for adoption of Ordinance 431-78, Beach Ordinance. MOTION - AMENDMENT Councilman Abet moved, seconded by Councilman Ambartan, to amend the motion to include the following revision under section 13.35.080, fourth line down - . ...... straight line e~tension west of the property line ........ and third line from the bottom delete "natural enct of Spruce Street" and add "designated area". Motion passed unanimously by roll call vote. 10/18/78, Page MAIN, AS AMENDED: Motion passed unanimously by roll call vote. B-2: Ordinance 438-78, Water and Sewer Specie l{evenue Fund Mayor O'Reflly read Ordinance 438-78 by title only. "An ordinance increasing estimated revenues and appropriations in the amount of $2,789 in the Water and Sewer Special Revenue Fund 1978-79 Budget." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Ordinance 438-78 increasing revenues and appropriations by $2,789 in the Water & Sewer Special Revenue Fund. Motion passed unanimously by roll call vote. B-3: Ordinance 439-?8, Airport Runway Project Mayor O'Reiily read Ordinance 438-78 by title only. "An ordinance of the Council of the City of Kenai rescinding Ord. 422-78 and increasing estimated revenues and appropriation.· by $968,000 in the Capital Project Fund entitled "Ah'port Runway Paving ADAP Project #06-02-0142-04" and by $25,022 in the Airport Land System 1978-79 Budget." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for adoption of Ordinance 439-78, res~inding Ord. 422-78, and increasing revenues/approprlnttons by $968,000 in the Airport Runway Paving Project. Motion passed unanimously by roll call vote. B-4: Ordinance 440-78, Amending Personnel Regulations Mayor 0'Reilly read Ordinance 440-?8 by fitIe only. "Amending the Personnel Regulations and in patti, cula~ Title 22, Chapter 50, Classification Plan". City Manager Wise advised that this ordinance would provide for personnel for operation of the detention facility. Mayor O'Reilly opened the hea~ing to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Ordinance 440-78, amending the Personnel Regulations and in particular Title 22, Chapter 50, Classification Plan. Motion passed unanimously by roll call vote. ' 10/J8/78, Page 3 F=~ B-5: Ordinance 442-78, State Jail Contract Mayor O'Reilly read Ordinance 442-78 by title only. "An ordinance establishing a Special Revenue Fund entitled "State Jail Contract" by increasing estimated revenues and appropriations in the amount of $153,000." Mr. Wise advised that this ordinance would provide funding for a miscellaneous expense account for certain non-determined expenses and State reimbursable expenses. Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Counoilman Malston moved, seconded by Councilman Seaman, for adoption of Ordinance 442-78, State Jail Contract fund. Ce Motion passed unanimously by roll call vote. PERSONS PRESENT SCHEDULED TO BE tlEARD C-l: Dr. John Wilsey, Kenai Community College Not present ,~C-2: R.L. Roper Not Present C-3: Gary Eitel Mr. Ettel came before Council to request an amendment to his lease to change the hours of operation and, in addition, Mr. Eitel proposed to make structural changes to his es~blishment to eliminate the fast food service and provide a dining room facility. Mr. Eitel advised Council that he would make one entrance into both the lounge and dining room from that area ;vl,tch is now the entrance to the lounge. M.r. Eitel also requested that his hours of operation be changed to 10 a.m. to 10 p.m. to correlate with the new service. Councilman Malston inquired as to the service provided to the early morning travelers and Mr. Eitel suggested that one of the local vending machine operators be contacted for the possibility of putting a coffee and sandwich/donut machine in the Terminal. Councilman Ambarian stated that he would basically agree with the concept of Mr. Eitel's request, however, was concerned with the early morning travelers who would not be able to obtain a cup of coffee or whatever. MOTION: .' Councilman Ambarian moved, seconded by Councilman Malston, that Mr. Eitel meet with the City Attorney and Administration to prepare an amendment to his lease with the change of hours and type of food service and further that a sketch of the proposed changes be submitted to the Fire Chief for approval and, in addition, the City Manager address the problems relative to parking for patrons of fl~e Airport Lounge and Restaurant. ~t he did not i~ave the patience to wait on the Council fo1, the process of ~e_d. lease and felt tl~at his request was simple and would ask that a decision be made immediately. Mayor O'Reilly stated that it was not the intent of the City to have unhappy tenants and he had heard many favorable comments relative to the facility in the Terminal, however, Mayor O'Reilly stated that as this was the first time hehad heard of the matter, he would request time to consider the requests of Mr. Eitel and the language to be contained within the amendment to the lease. Mayor O'Reilly stated that certain considerations must be given and he would vote for the motion as it now is stated but would not be prepared to favor the request as submitted at this time. Councilman Abet inquired if Mr. Eitel had contacted the Administration relative to the requests and was advised by Mr. Wise that he had not been aware of Mr. Eitel's request until this evening. Councilman Ambarian suggested that Mr. Eite;, Administration and City Attorney meet in the City's offices on Thursday to prepare the proper language for the amendment to the lease and the Council would then hold a special meeting Saturday morning at 8:00 a.m. QUESTION: Motion passed unanimously by roll call vote. MOTION: Councilman Malston moved, seconded by Councilman Seaman, that the Council authorize the change in operating hours (I0 a.m. to 10 p.m .) as requested by hir. Eitel as a temporary measure until such time the amendment to the lease has been reviewed and approved by Council. Motion passed by roll call vote with Counetlmembers Ambarian and O'Reflly voting no. C-4: Larry Vavra - Union Oil Mr. Vavra stated that Union Oil requested a lease of land from the City (SE1/4, SEI/4, SE 1/4 of Section 7, TSN, RllW) . Mr. Vavra also stated that Union would request (1) free access to the leasehold with consideration of proper restrictions; (2) rent of $1,666.67 per year; (3) option to purchase said leasehold at the end of the first year and give City notice of availability to repurchase with first right of refusal; and (4) and terms of lease shall be for one year with right to extend on an annual basis. Mr. Vavra stated that his fi~m had merely made estimates relative to the cost factor and would agree to further discussions with the City on land values, etc. City Manager Wise advised that the City would need a plat of the land in order to record the lease document and inquired if Union would bear the costs of such platting and survey work? Mr. Vavra stated that the work was already underway and the City would be provided with proper documentation. MOTION: Councilman Ambarian moved, seconded by Councilman Aber, that the Council authorize preparation, of the lease between the City and Union Oil and notification of hearings of such proceedings will be extended to all adjacent property owners in the area of the lease land in question. Motion passed unanimously by roll call vote. D-2: Minutes of the special meeting of October 12, 1978 Approved as distributed E. CORRESPONDENCE E-l: Kenat Art Guild Mayor O'Reilly acknowledged receipt of correspondence from the Kenai Art Guild outlining their plans and goals for the upcoming year. President of the Guild, Patrtcia Dahl, advised in the letter that the main objective of the gallery is to have a place where local artists can exhibit their works and the revenue from the sales will go to maintain its function and excess funds will be placed in a scholarship fund for high school art students. Long range plans include: elementary children's classes; generate enough income to aid with utilities for the Center; workshops for working artists; and establish a place to be known as a cultural center in the community. Councilman Ambarian suggested that the annual lease be amended to reflect the objectives of the Kenai Art Guild. Council so concurred. F. OLD BUSINBSS F-I: Change Order #2 - Rock ford Corporation City Manager Wise advised that the engineer had ascertained that all items were correct and recommended approval. MOTION: Councilman Ambarian moved, seconded by Councilman Aber, for approval of Change Order No.2, Rockford Corporation, in the amount of $9,554.99. Councilman Ambarian !~quired if the Council should address the question contained in the letter from Rockford Corporation attached to the Change Order in which Rockford inquiredas to whether or not notice to proceed on Change Orders 2, 4, and 5 would be forthcoming without further delay and, in addition, Rockford stated in their letter as, in essence, they have completed the work on the project other than for the change orders and that the retained amount of $13,007.36 be immediately paid. Public Works Director Keith Kornelis advised that the change orders had been prepared and the documents sent to EDA and DEC for approval. Councilman Ambarian inquired if there would be a problem with eliminating the retainage and was advised by the City Attorney that perhaps the retainage should not be eliminated until the project is completed (including change orders) in full. Councilman Aber stated that the contractor had com- pleted his portion of the original contract with the City of Kenai and the change orders are merely amendments to the contract. II I /' I }..~ti ' 10/I8/?8, Page6 MOTION - AMENDMENT Councilman Abet moved, seconded by Counethnan Malston, for approval of payment in the amount of $13,007.36 subject to receipt of appropriate pay estimates as well as $9,554.99 for Change Ordcr L'o. 2. City Attorney Schlereth stated he would feel more secure if the City would hold onto the 2% retatnage. Councilman Abet inquired if there was a problem with the original project and was advised by Mr. Sehlereth that no problems were apparent. Councilman Ambarian stated that the original project had been increased with change orders. City Manager Wise commented that he could understand City Attorney Schlereth's hesitation, however, there was a certain inequity at stake and'Rockford has.completed'the origintd..project. MOTION- AMENDMENT Councilman Ambarian moved, seconded by Councilman Malston, to amend the motion for approval of payment in the amount of $9,554.99 (Change Order No. 2) only. Councilman Ambarian stated he would request that if the above motion passed, that Administration and the City Attorney contact Rockford to discuss the retainage situation. QUESTION - Passed by roll call vote with Councilman Abet voting no. QUESTION - Passed by roll call vote with Councilman Abet voting no. MAIN, AS AMENDED - Passed by roll call vote with Councilman Abet voting no. G. NEW BUSINESS G-l: Bills to be paid - bills to be ratified MOTION: Councilman Malston moved, seconded by Councilman Seaman, for approval of items listed for payment and those items listed for ratification as submitted this date. Motion passed unanimously by roll call vote. G-2: Requisitions exceeding $500 Mr. Wise requested Council consideration for the inclusion of $500 for a light of the Terminal Building in the parking area at the Airport and $850 to mount a light pale and conduit in the library parking lot. Mr. Wise advised that the money would come from the Anti-Recession Revenue Sharing Funds and the appropriating ordinance would have to be amended accordingly. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for approval of requisitions exceeding $500 with the inclusion of $500 for s. light in the north Terminal area and $850 library parking area of which approval will be contingent upon passage of Ordinance 444-78. Motion passed unanimously by roll call vote. ,- fl 10/~8/78. Page ? G~3: Ordinance 443-78, ,%wet Treatment Plant Improvements Mayor O'Reilly read Ordinance 443-78 by title only. "An ordinance establishing a reserve for tile ~cwer Treslment Piont in:provemen[s in the lVater ~:d ~.-.wer Special tievenue Fund to be funded from tile General Fund Reserve for Capital Improvements and the Water and Sewer Fund Reserve for future plant expansion.' MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for introduction of Ordinance 443-78, establishing a reserve for Sewer Treatment Plant hnprovements. Motion passed unanimously by roll call vote. G-4: Ordinance 444-78, Anti-Recession Revenue Sharing Funds Mayor O'Reilly read Ordinance 444-78 by title only. "An ordinance increasing estimated revenues and appropriations in the amount of $28,530 for Title II, Anti-Recession Revenue Sharing Funds." MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for introduction ~f Ordinance 444-78 with the following amendments change $28,530 to $29,400; change $22,500 to $26,420 and in the General Fund revenues also to $26,420 and the total under appropriations to $26,420 and adding Library - Light for $850. Motion passed unanimously by roll call vote. C~-5: Resolution 78-169, Polar Airlines Mayor O'Reilly read Resolution 78-169 by title only. "A resolution supporting the application for certification of Polar Airlines to serve the City of Kenai." Mayor O'Retlly opened the meeting to the public. Mr. Doug Haynes, President of Alaska Aeronautical Airlines, spoke in opposition of the resolution in that his airlines was the only service available into Kenai at this th-ne but competition will not increase the service. Mr. tlaynes stated he felt there would be a decrease in frequency of flights and an increase in costs. Mayor O'Reflly inquired if AAI had plans for improved service to the area and .~.r. Haynes reported that more prompt service is now available due to the addition of a fuel truck in Anchorage, AAI has added a computer and is in the process of drafting a weekend one-half fare. Mr. Haynes also advised that just last week they installed a new interior in one of the ah'craft. Carmen Ointoli stated that for a period of three months he commuted back and forth from Anchorage on AAI and felt that competition would increase service. Ruby .Coyle - suggested that the aircraft be prepared for cold weather flying as there is a great deal of draft in the planes which causes considerable discomfort to the passengers. ('.' It There being no further comments, Mayor O'Reilly returned the matter to the Council table. '~ .... [[ _ MOTION: Resolution 78-169, suppo,'ling application of Polar Airlines. Councilman Malston stated that as AAI has been serving Henai since 1971, they have provided very good service to the area. Councilman Malston stated that some problems do exist, however, they still provide a service even when flights are not fuI1. Councilman Abet stated that he agreed with Councilman Malston and felt that competition would involve an increase in cost and decrease in service. Councilman Abet stated he would rather see flights scheduled throughout the day rather than just at peak periods. Councilman Seaman stated he agreed with the comments but, in addition, would like to have AAI address the problem of the deteriorated interiors of the aircraft. Councilman Maiston stated that he would hope that Mr. Haynes would consider the comments as constructive criticism. QUESTION: Motion failed unanimously by roll call vote. G-6: Resolution 78-170, Kenai Waste Water Facilities Plan Mayor O'Reilly read Resolution 78-170 by title only. "Accepting the CH2M 11111 proposal "Kenai Waste Water Facilities Plan" authorized by Resolution 77-37. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 78-170, Kenai Waste Water Facilities Plan. Motion passed unanimously by roll call vote. Resolution 78-171, Transfer of funds Mayer O'Reilly read Resolution 78-.171, transferring funds within the 1978-79 General Fund Budget in the araount of $2,079 to correctly account for the erection of the fence on the bluff as an improvement." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution ?$-171, transfer of funds in the amount of $2,079 for bluff fence. Motion passed unanimously by roll call vote. 10118/78, Page 9 G-8: Resolution 78-172, Awarding contract for gravel Mayor O'Reilly read Resolution 78-172, awarding a contract for receipt of gravel on either of thc following two p,,opn~nla.' ~tte,' .aono~,o!e P,,oduets for 1.200 cubic .yards at $5/yard and R. L. Borgen & Son for 1,200 cubic yards at $5/yard (only valid if awarded on/or before October 19). Mayor O'Retlly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Abet, for adoption of Resolution 78-172, awarding gravel bid to R. L. Borgen & Son for 1200 cubic yards at $5/yd. Councilman Ambarian suggested that the Council either reject both bids and re-bid or split the quantitics in half so that each vendor would participate. Public Works Director Kornelis stated that as it is getting so late in the year it may not be feasible to rebid. QUESTION: Motion failed by roll call vote with Councilmembers Malston, O'Reilly and Ambarian voting no and Councilmembers Seaman and Abet voting yes. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that Administration be directed to go out to rebid on 1200 cubic yards of gravel. Motion passed unanimously by roll call vote. G-9: Deleted from agenda G-10: Resolution 78-174, Contract Mayor O'Reilly read Resolution 78-174 by title only. "A resolution authorizing a contract for engineering between the City of Kenai and Wince-Corthell, Bryson and Freas for the Willow-Airport Way sewer lines - not to exceed $13,000." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Resolution 78-174, awarding contract for engineering to Winee-Corthell for Willow- Airport Way sewer lines - not to exceed $13,000. Councilman Ambarian advised that the Committee from Council had met last Thursday evening to review the engineering proposals and after deliberation, it is the recommendation of the committee to award the Willow-Airport Way sewer line project to Wince-Corthell; and to Ted Forsi & Associates (I) Spur llighway water and sewer - $21,192, (2) Main Street water and sewer - $15,716, (3) East Kenal water and sewer - $17,270 and (4) Inlet View/Central Heights water - $7,880. 10/18/78, Page 10 QUESTION: Motion passed unanimously by roll call vote. C-Ih Resolution 70 175, Contract Mayor O'Reilly read Resolution 78-175 by title only. "A resolution authorizing a contract for engineering between the City and Ted Forst and Associates". Mayor O'Reilly opened the meeting to the public. There was no comment. Councilman Malston advised that Mr. Forsi had contacted his office and had conversations which indicated that if the City wished to consider another engineering firm on a portion of the project that perhaps such considerations should be made as Mr. Forsi stated that perhaps his firm was too low on the Spur Highway water and sewer project. Mr. Bruce Robeson with Forsi & Associates advised that his firm would soon have an office in Soldotna and would be able to proceed with all phases of the project. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Resolution 78-175, authorizing City to enter into contracts with Ted Forsi and Associates for engineering projects as itemized in Res. 78-175. (I-12: Motion passed by roll call vote with Councilman Malston voting no. Resolution 75-175, Transfer of Funds Mayor O'ReilIy read Resolution 78-176, transferring funds in the amount of $2,750 in LPW Project 07-51-26955 to fund for overruns on the construction phase of the project. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman ~.~alston, for adoption of Resolution 75-176, iransfer of funds within LPW Project 07-51-26955 in the amount of $2,750. Motion passed unanimously by roll call vote. (1-13: Resolution 78-177, Purchase of grader Mayor O'Reflly read Eesolution '/8-177 by title only. "A resolution authorizing the purchase of a road grader in accordance with proposals received October 13, 1978." Mayor O'Reilly opened the meeting to the public. There was no comment at this time. ,~MOTION: Councilman Ambarian moved, seconded by Councilman. Malston, for adoption Resolution 78-177, award of bid for purchase of a Caterpillar 14G Motor Grader for a folal price of $123,477 from NC Machinery Company. 10118/78, Page I1 Public Works Director Keith Kornelis presented Council with an itemized analysis of all bids received from each of three firms and listed areas in which each item did not meet specifications. Mr. Kornelis advised that site,' discussions witi~ his Shop Foreman and Street Foreman, the Public I~'orks Department concluded that the best purchase would be thc ~aterpillar 14el Grader item NC Machinery. Councilman Aber concurred with the statements of the Public Works Director and added that the Caterpillar Grader was an excellent piece of equipment plus would have greater t~'ade-in or resale value later on. Councilman Ambarian reminded Council that the grader would be used for more than just snow removal and consideration should be given as to the equipment's construction. QUESTION. Motion passed unanimously by roll call vote. (I-14: Lease of Airport Lands - Carr-Gottstein City Managar Wise reported that the lease with Carr-Gottstein now was in final form and recommended approval. Councilman Ambarian stated that the original lease application approved by the Planning Commission stated a spectfie use of the land for construction of a Prairie Market & :' etail liquor store. Councilman Ambarian stated that lease now states that "purpose" is for a retail grocery store and liquor store. Councilman Ambarian stated that this might present a conflict with the adjacent grocery store and inquired if an amendment might not be in order? City Manager Wise advised that the parking on this particular lot would be inadequate for any type of grocery store other than a Pralrh~ Market-type store. Councilman Malston stated that he felt the City should not hold up finalization of the lease any longer as the lease had been under consideration for such a long period of time. MOTION: · Councilman Malston moved, seconded by Councilman Ambarian, for approval of lease of lot 4, bleck I, First Addition Etolin Subdivision to Carr-Gottstein 1 Properties, Inc. for a period of 30 years at the annual rental of $3,487.86. Motion passed unanimously by roll call vote. (I-15: Periodic Pay Estimates - Brown Construction City Manager Wise stated that the three pay estimates were showing a "0" retainage figure and would recommend that a minimal amount be held at this time. MOTION: Couneilm.~ Malston moved, seconded by Councilman Seaman for approval of three pay estimates with a 2% retalnage with total payable to Brown Construction as $29,369.94. Councilman Ambarian stated that the contractor is very dissatisfied with the fact that the City is holding back some of his money when, in essence, the projects are complete. QUESTION: Motion passed by roll call vote with Councilman Ambarian voting no. I? I _ _ll__J ~L _ 10/t8/78, Page 12 G-16: Payment to Carmen Gintoli MOTION: Councilman ~alston moved, socnnded by Councilman ^ r~hn,.inn, fn~' apprnval of payment in the amount of $2,000 to architect Carmen Gintoli for winterization and renovation of the Kenai Airport Terminal project. Motion passed unanimously by roll call vote. G-l?: Discussion - Lease of hangar fo,. warm storage City Manager Wise reported to Council that he had had discussions with the owner of the hangar located at the south end of the airport and the owner, James Carter, had agreed to lease it to the City at $2,200/month for six months. Mr. Wise stated that the building would be used to house the snow removal equipment for the airport and contains approximately 6,000 sq. ft. Mr. Wise reported that the funds for the lease of the building would be antt~recessionary funds. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman that the Administration be direetod to prepare a lease agreement for the rental of the hangar located at the south end of the airport at $2,200/month for six months. Councilman Abet stated that he wished the contract to be drawn up as a lease-purchase agreement. Mr. Wise advised that such an agreement could not be prepared as the monies for the rental were very restrictive. Councilman Abet further co-,merited that he could not see anything happening in the foreseeable future for providing warm storage and would recommend that ff monies ~vere available, the City should strongly consider purchasing a permanent facility to provide warm storage for the airport equipment. Councilman Ambartan stated he agreed with Councilman Abet and stated that perhaps in the next six months Council could determine if the area south of the airport could be developed to be used as the City Shop Yard location and the Council also must take into consideration that the hangar may no longer be available for the City's purchase. QUESTION: Motion passed unanimously by roll call vote. G-18: Resolution 78-178, Supporting location of ALPETCO Mayor O'Reilly read Resolution 78-178 by title only. "A resolution of the City of Kenai supporting the .location of ALPETCO at Wildwood." Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for adoption of Resolution 78-178, supporting the location of ALPETCO at Wildwood. 10/18/78, Page 13 Councilman Ambarian suggested that Mayor O'Reilly report on the meeting with ALPETCO representatives at the Borough. Mayor O'ReiIIy advised that at the meeting ALPETCO reported thpt they bad n~v,'owod tho ~ito selee, tion down to Kcnai and Valdez. Mayor O'Reilly stated that they also would not be in favor of the City annexing Wildwood and would not care to locate in the area if annexing was probable. Mayor O'Reilly stated that subsequent meetings were held with various business people in the area , members of the Assembly and Council and as a result resolution 78-178 was prepared stating that the City of Kenai would support the ALPETCO facility at Wildwood and will offer all assistance to the extent legally possible and economically feasible; and also that the City finds there are no conditions, such as annexation to the City, that are necessary for the City support of the project. QUESTION: Motion passed unanimously by roll call vote. Mayor O~Reilly informed the Council that a delegation from the Borough Assembly would be travelling to Houston on Friday to meet with representatives of ALPETCO and discuss what the area could provide in order to assist ALPETCO and would recommend the official representative to the Assembly from Council also be in attendance. Vice Mayor Whelan assumed the Chair. MOTION: Mayor O~Reflly moved, seconded by Councilman Malston, that the Council authorize Councilman Ambarian ,the Council representative to the Borough Assembly, to attend the meetings in Houston on Friday with other Borough officials and such trip to be financed out of the Legislative travel monies. Motion passed by roll call vote with Councilman Ambarian abstaining. H. REPORTS H-l: City Manager's Report City Manager Wise reported that in discussions with ALPETCO and Pacific Alaska it was suggested that the City Charter be reviewed by a bond attorney to see if the City had abilities to aid in financing. Council unanimously concurred that the City Manager and City Attorney would contact a bond attorney and report back to Council of anticipated costs, etc. City Manager Wise also reported that it would be necessary for the City to provide proper documentation to proceed on the Step II, Facilities Plan project. MOTION: Councilman Malston moved, seconded by Councilman Seaman, for authorization for Administration to have CH2M Hill proceed with the application for the Step II Facilities Plan study with proper commitment of funding by the City. Motion passed unanimously by roll call vote. 10/18/78~-l'age 1~ City Attorney Schlereth reported that John Ingrain contacted his office and requested Council con.~Idcration relative to thc agrcemcnt signets' by ~.~.r. Ingrnm in that he would pay the City a specific amount each month for destroying a light p~,h~. Mr. Ingrain has been unable to obtain steady employment because of an injury from an accident and has been making payments to the City each month. Itowever, Mr. l. ngram is not able to pay the specified amount in the agreement and would like to mahe payments in a lesser amount until such time he is able to work on a regular basis. Council so concurred. City Attorney Schlereth reported that no bids were received for the Lockheed Constellation and stated he felt that the next step would be to work with Administration to physically remove the aircraft from the site or ask for Court intervention to determine who is now the actual owner of the aircraft. H-3: H-4: Mayor's Report Requested that Council submit nominees for membership on the Harbor Committee. Mayor O*Reilly stated that the names of George Navarre and Marvin Dragscth had been submitted to consideration at this time. Mayor O'Reilly advised that a representative from Kidder, Peabody & Co. will be in Anchorage next week and would like to discuss being a financial advisor for the City. Mayor O'Reilly suggested that consideration be given as to whether or not the Council wished to meet with the gentleman. City Clerk's Report H-5: Clerk Sue Peter advised that the annual meeting of the Alaska ~.,iunicipal League will be held November 8 - llth in Anchorage and those interested in attending should contact her for reservation scheduling, etc. Finance Director's Report Finance Director Charles Brown reported that the City had received $123,000 in State Revenue Sharing funds. Mr. Brown also requested Council guidance relative to selecting a site to move the office of the Department of Revenue. Mr. Brown reported that he was quoted $.59/sq. ft. for two adjoining rooms in the Professional Building, $.75/sq. ft. in the Decor Building, $.?0/sq. ft. in the B&C Building and $.80/sq. ft. in the Arness Building. Councilman Ambartan stated it was at his suggestion that the B&C Building be investigated and would like consideration for moving either a part of the City offices or all to another location, preferably close to the Public Safety Building. Councilman Abet stated that he felt the City offices are not adequate at present and should be moved to more suitable facilities. Councilman Malston suggested that it may be well worth-while to consider building a new City Hall. 10/18/78, Page 15 H-6: Planning & Zoning Commission No rno. eth~g held Il-?: Borough Assembly Report Councilman Ambarian reported that the new Assembly members were seated and Jo Ann Elson was reelected as president of the Assembly. Councilman Ambarian advised that he had been appointed t,~ the Port and Ilarbor Committee and Legal Affairs Committee. Item of discussion was that of the Borough population which has been set at 25,281 which ~ould not include a break down by city. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-h Keith Kornelis, Public Works Director Mr. Kornelis reported that contractor Don Brown would like to meet with the committee from Council. Councilman Ambartan stated he would arrange for the committee members to meet with Mr. Brown next week. Relative to the fence at the bluff that was torn down by vandals, Hr. Kornelis stated he asked Peninsula Fence Company to provide a quote on repair of the fence and they feel that as the damage was extensive, it may cost more than $850. Mr. Kornelis inquired if Council wished his Department to proceed with repairs? I~OTION: Councilman Abet moved, seconded by Councilman Ambarian, that the fence at the bluff be removed entirely and an alternative barrier for replacement be investigated by the Public Works Director. Motion passed unanimously by roll call vote. Water Tank - Mr. Kornelis reported that vandals are causing some damage to the new Water Storage Tank as it has been impossible to keep the gates locked up and prevent entry to the area. Councilman Ambarian suggested that all the operators who have been extended keys to the airport gate will be contacted that the City will close off the Float Plane Basin area for the winter. Animal Control Facility and Shop Addition - Councilman Ambarian requested that drawings be presented to Council at the next meeting for review. 1-2: Ernest Schlereth, City Attorney Mr. Sehlereth inquired if there would be any objections to his giving legal advice on his own time when asked by the Community Care Center. Mr. Schlereth stated he would not get involved in any legal proceedings that would require his time in Court, etc. Council.so concurred. I0/18/78, Page 16 I~3: Councilman Ambarian Requested that Administration proceed with the cancellation of the Walter Church and Robert Love leases. I-4: Councilman Malston Councilman Malston noted the letter received from Dave ltutchings raising objections to the bids on the x. ecent City vehicles. Councilman ~ialston stated that though there may have not been any problems, the City should be cautious in the future that all bids are submitted on a timely basis so that bidders are able to obtain prices accordingly. Councilman Ambarian stated he felt that the letter was an indication of an unhappy bidder who was not selected. ADJOURNMENT There being no further business, the meeting adjourned at 12:15 a.m. Respectfully submitted, Sue~C. Peter, City Clerk KENAI CITY COLINCIL - SPECIAL MEETING OCTOBF. R 21, 1978- 8:00 A.M. CITY HALL - AIRI~OKT TERMINAL BU,~,DI,,G CALL TO ORDER A. ROLL CALL NEW BUSINESS 1. Proposed modifications to Airport Bar/Cafe layout and amendment ~o Aviation Consuliants, Inc. Terminal Lease Ce ADJOURNMENT KENAI CITY COUNCIL - SPECIAL MEETING OCTOBER 21. 1978- 8:00 A.M. CITY HALL - AIRPORT TERMINAL BUILDING MAYOR VINCENT O'REILLY PRESIDING CALL TO ORDER A. ROLL CALL Present: Vineent O'Reflly, Michael Seaman, Dan Whelan, PhiIlip Abet and Ron Malston. Absent: Edward Ambarian and Betty Glick Also Present: City Attorney Ernest Sehlereth, City Clerk .Sue Peter, Kenneth Butters and Gary Eitel B. NEW BUSINESS B-l: Proposed modifications to Airport Bar/Cafe and amendment to Aviation Consultants lease in the Airport Terminal · '~ MOTION: Councilman Malston moved, seconded by Councilman Seaman, for approval of amendment of lease of Airport Terminal Space to Aviation Consultants, Inc. to include ehenge in hours of operations and certain structural changes to the facility as requested by ACI. Mr. Eitol reiterated his request of October 18, 1978, in which his company wishes to eliminate the fast food service in the Terminal and close off the entrance from the main lobby. Mr. Eitel stated that a dining room facility would be available for the public with entrance through the area of the Lounge. Mr. Eitel stated that the structural changes would allow for cocktails to be served in the dining room as well as the lounge and, thusly, minors would have to be accompanied by adults~. Mr. Eitel advised that due to economics, they had found it would be necessary to make this type of a change as the fast food service involves high overhead with limited revenues. Mayor O'Reilly inquired if Mr. EiteI had read the memorandum from the Police Chief in which it appears that approval for such a change will require Alcoholic Beverage Control Board concurrence. Mr. Ettel stated that he was "concerned" with the memo from the Police Chief and he had called the ABC Board office and talked with the secretary to the Director who stated that they had misunderstood the intent from the Chief of Police and that approval from the ABC Board would not be necessary. City Attorney Schlereth stated that he too had held conversations with the ABC Board and was given the same information as the Police Chief that no authorization for renovation should be given until such time the ABC Board had reviewed the proposed changes and given permission. Mr. Schlereth also pointed out th.at the secretary had not been a party to conversations between the Police Chief & Goodw,.' Councilman Malston advised Mr. Eitel that it was the Police Chiet"s responsibility to contact the ABC Board for all requirements necessary and then advise the Council. Councilman Malston further commented that it was the City's responsibility as owner of the Airport to provide service to the public. /;ouneilman Maiston stated tl~at he was concerned with the persons arriving at the Airport in the early morning hours who would not be able to get coffee. Hayer O'Reilly agreed x¥ith Couneihnan '~alston in that the City would have to provide a facility for the early morning travelers passing through the Terminal. Councilman Whelan gave some background information on the selection of a lessee for the Airport Terminal Cafe and Lounge and advised that Mr. EtteI was the only applicant that offered to do their own remodeling, etc. as the other applicants wanted the City to participate in bearing the costs of the project. 0 Mayor O'Reilly inquired if the amendment to the lease and structural changes would offer the monetary relief the lessee was seeking or would a reduction in lease rate or some type of change in percentage agreement with the City and .Mr. Eitel responded by stating that a reduction in the rent could possibly make a reduction in the overhead; however, an improvement to the facility will increase the cash flow and would not favor a reduction in rent. Councilman Whelan stated that the former lessee of the facility had experienced similar monetary problems with operation of the Airport bar and cafe and had to reduce hours of operation and service to the public. Councilman Whelan went on to state that the Council became concerned when the public was not receiving the service at the Terminal and the Council should definitely make arrnngements for the early morning travelers. Councilman Abet stated that relative to the minors not being allowed in the new facility unless accompanied by an adult~, most of the minors are interested in soda pop, etc. and would be able to obtain these things from the vending machines in the Terminal lobby. Gary gttel stated that he was very "serious" with his relationship with the City and stated he felt the City has not done its share in assir, ting his business. Mr. Eitel advised that he felt he was unable to get long-term financing because of the pending suit against the City from the former lessee and his business also suffered because of the parking situation. Mr. Eitel stated this "was a last ditch" effort as his company will not continue to lose money. Councilman Malston stated that he could find no fault with the proposed concept and would hope that the outcome would be successful. However, Councilman Malston further commented the matter stiLl returns to the City's problem of providing a service to the public. Councilman Malston stated he would like to see that Mr. Eitel would be responsible for furnishing a coffee and sandwich/donut machine for the lobby area. Gary Eitel responded that he would be willing to run the proper piping, etc. for hookup of a coffee vending machine and would then contact Tyler Vending Company for installation of the proper vending machines. MOTIOIq -AMP. NI~MF. NT SPECIAL MEETING, Page Three Councilman Whelan moved, seconded by Councilman Malston, to amend the motion to direct the City Attorney and Mr. EitcI's attorney to confer with the ABC Board as soon as possible and obtain the requirements for conformance to the State laws relative to making structural changes et al to the facility now located within the Airport Terminal. City Attorney $chlereth advised that the proposed amendments to be contained within the lease included changing all references to "fast food", change hours of operation to I0 a.m. to 10 p.m., and for lessee to give up exclusive right to provide fast food service within the Terminal. City Attorney Sehlereth also pointed out that there may ]~e a problem relative to excluding minors not accompanied by an adult from a facility within the Terminal. QUESTION - Ai~ENDMENT Passed unanimously by roll call vote. Mayor O'Reilly stated that he would vote no against the proposed lease change in line with some of the City Attorney's remarks and in addition would believe in the concept involved in the City leasing the area for a restaurant that could be utilized by persons of all ages and such operation would be at reasonable times to correlate with the scheduled air service. Mayor O'Retlly also commented on statements from Mr. Eitel of large quantities of monies expended for fixtures, furnishing, etc. in the lounge and stated that these were not at the request of the City but were the lessee's doing. P.~ayor O'Reilly stated he would support the approach of the lessee wishing an amendment to his lease that would include the continuing of service to the public of all ages and reasonable hours of operation (perhaps on a modified scale provide a coffee machine, etc.). Vice Mayor Whelan assumed the chair. MOTION: Mayor O'Reilly moved to amend the motion to include: that the lease amendments would provide for a public restaurant open to persons of all ages; At this time Mr. Eitel interrupted the proceedings to make the following statement: ..... that he wished to go on record that he felt the concept of the meeting had been changed and at this point he felt he could no longer deal with the City directly and hereinafter wished all discussion, correspondence, etc. to be sent directly to his attorney's, Shimek & Peabody in Anchorage. At this point, Mr. Eitel and Mr. Butters left the meeting. Mayor O'Reilly continued with his amendment: the restaurant will be operated at reasonable hours with the scheduled air service; and the restaurant must offer a minimum fast food service. Motion died for lack of second. ~ ii ~ SPE~CIAL MEETING, Page Four MOTioN - AMENDMENT Councilman Whelan moved, seconded by Councilman Malston, that the lease will be further amended to include that the lessee will not have an exclusive franchise for fast food service in the future allowing the City to provide a fast food service if the demand is such that such a service would be to the benefit of the public using the Airport Terminal. QUESTION: Motion passed unanimously by roll call vote. Council concurred that Administration be directed to immediately investigate the possibility of installing coffee vending and perhaps a sandwich/donut-type machines ill the Terminal Lobby. QUESTION - MAIN, AS AMENDED: Motion passed by roll call vote with Mayor O'Reilly voting no. ADJOURNMENT '© There being no further business of this special meeting of the Kenai City Council, the meeting adjourned at 9:45 a.m. Respectfully submitted, Su~ C. Peter, City Clerk *State law requires that minors must be accompanied by either parent, spouse or legal B~ardtan. The following items are over $500.00 which need~il approval ~r ratification 11-1-78 ~suffel & F~ser Co. Service,~_ete~ 1,052.70 Gas Usage-Oct. 1,783.18 Blueprint ,Machine Blueprint Paper 634.94 Oct. Jan. Serv. 1,200.00 Appraisal FBO S/D 994.00 Airport 561.96 Alpetco 1,187.50 Oct. Jan. Serv. 1,195.95 Scott Air Paks Non-Departmental Police " Fire " Shop Library " W&S " F4/Wntin. Math. & ~,, p. Police Prof. S~rv. Library " " ~ ~d ~f. S~. ~ T~ ~of. ~. ~, ~. & 6,811.00 2,307.50 74.8/+ 47.92 231.68 122.21 95.84 21.00 478.91 395.77 ~4.05 112.32 112.32 184.79 44.80 296.57 257.85 1,747.90 35.28 259.94 375.00 1,200.00 561.96 2,187.50 1,195.95 00~0l 00518 00519 00541 0~78, 00677 00511 OO518 00~8 00542 13059 00171 00567 13055 00353 3rd Quarter Sales Tax 595.00 Advance MaxaChon Oil 1,895.30. Gas Usa~e-sapc. Union Oil 3,138.88 ~as Usage-Sept. ~ X.,'tlec Insu~'ance 2,452.00 Sept:. W/C C~neral Fund Sales Tax 288.00 W&S .... 3,542.96 Airport Temmtnal " " 382.28 Ai .rporc Land .... 6,143.15 ."~ntmal Control Math. & Equip. 1,000.00 00445 Legislative Tran~p ,,c ,,~atiom 170.00 00568 City Clerk 85.00 " City Attorney " 85.00 " City Mmmger " 85.00 " Finance " 85.00 " PW Admin. " 85.00 " Trust & Agency In Tn~t 1,895.30 Trust & Agency In Tn~c 3,138.88 Legislative Wor~an's C,_,?~. L00 C~ty Attorney " 1~.00 City t'~ger .... 16.00 F~,mnce " " 26.00 Dept. of ~evenue " " 3.00 City Clerk " " 5.00 ~Lbrary .... 8.00 Ommun/cat/~ns' " " 16.00 Police .... 7~2.00 Fire " " 668.00 PW Adm/n. " " 54.00 P & Z " " 2.00 Streets .... ~l~g ~. " " Y+.00 Shop " " 138.00 A~,ml Control " " 53.00 W&S .... 127.00 Sewer Trea~enc .... 90.00 Atrporc Adm~. " " 2.00 ,, - .oo i:.:1 ~u~smo~s ~o ~ ~m~ <o~R $500> U-~-78 Bob Bo~gen Moore Bus. Forms Inlet Imstrunents W~tera Utilities 475 cu. yds.gravel (per telephone poll) 475 cu. yds.gravel (per telephone poll) W&S Billing Forms Rep~{r of St=eeC L~ghts Fire hydrants, manhole lids, misc. Streets-Anti Rec. Rep.6Maint. Sup. 2,375.00 Streets-Anti Rec. Rep.&Matnt. Sup. 2,375.00 Finance Office Sup. 650.00 State Lighting R~p. & Maint. 8,207.00 W~S Rep.6F~int. Sup. 6,486.57 CITY OF KENAI ORDINANCE NO. 445-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $3,4?? OF FEDERAL REVENUE SHARING FUNDS FOR THE PURCHASE OF A ROAD GRADER. WHEREAS, Ordinance No. 437-78 appropriated $120,000 of Federal Revenue Sharing Funds for the purchase of a road grader, and WHEREAS, Resolution No. 78-177 approved the purchase of a road grader at a cost of $123,477, and WHEREAS, proper accounting praetiees require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF K~NAI, ALASKA, that estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Fund: Increase Estimated Revenue - Federal Revenue Sharing Increase Appropriations - Transfer to General Fund $3,477 $3,477 General Fund Increase Estimated Revenue - Tr~'~sfer from Federal Revenue Sharing Fund Increase Appropriations - Streets-Machinery & Equipment $3,477 $~,477 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of November, 1975. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance ~',~ First Reading: November 1, 1978 Second Reading: November 15, 1978 Effective Date; November 15, 1978 · ~lii£T I NG NOV~.~RER 15~. 1978 ~O~NCIL MEETIN6 O~ CITY OF KENAI ORDINANCE NO. 445-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $3,477 OF FBDERAL REVENUE SHARING FUNDS FOR THE PURCHASE OF A ROAD GRADER o WHEREAS, Ordinance No. 437-78 appropriated $120,000 of Federal Revenue Sharing Funds for the purchase of a road grader, and WHEREAS, Resolution No. 78-177 approved the purchase of a road grader at a cost of $123,477, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Fund: Increase Estimated Revenue - Federal Revenue Sharing Increase Appropriations - Transfer to General Fund $3,477 $3,477 General Fund Increase Estimated Revenue - Transfer from Federal Revenue Sharing Pund Increase Appropriations - Streets-Machinery & Equipmem $3,477 $3,477 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of November, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk. Approvedby Finance_ ~',~ First Reading: November 1, 1978 Second Reading: November 15, 1978 Effective Date: November 15, 1978 CITY OF KENAI ORDINANCE NO.. 446-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS AND CREATING THE CAPITAL PROJECT FUND ENTITLEI~FACILITIES DESIGN" PROJECT BY $4,500. WHEREAS, the Council, by Resolution No. 78-170, has accepted the Waste Water Facilities Plan for the City of Kenai, Alaska prepared by CH2M Hill, and WHEREAS, the Council now desires to proceed with Step II, the Facilities Design, and I~IEREAS, an additional $4,500 is needed to prepare a Step II Grant Application with the Environmental Protection Agency, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Water and Sewer Capital Pro~ects-Facilifles Design: Increase Estimated Revenues: Appropriation of Fund Balance, 1974 Refunded Bond Issue $4,500 Increase Appropriations: Architectural Engineering- Basle Fee $4,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of November, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance ~',~ ~ First Reading: November I, 1978 Second Reading: November 15, 1978 Effective Date: November 15, 1978 J/L~S N. WOLVERTON COMPLETES EPA WASTEWATER TREATMENT COURSE : W_olyerton . , James N. recently completed the Environmental Protection Agency's national field study course on the operation of wastewater treatment plants. California State University, Sacramento, California, administers the program for EPA and has presented James N'. Wolverton with a Certificate of Completion. In addition, six units of university credit were earned and a grade of Awns awarded~or the course. Topics covered in the course tnclude all phases of the operation and main{enance of wastewater treat- merit plants. Dr. Kenneth Kerrt, Program Director, stated that James N. Wolverton tS one ofmnyoperators in the United States'to complete the program. The course is available to all persons interested in the operation of tmstewater treatment plants. The'Environmental Protection Agency expects over 600 operators throughout the United States to complete the program this year. For additional information contact: Dr. Kenneth O. Kerri Professor of Civil Engineering Californt~ State University, Sacramento 6000 Jay Street Sacramento, California 95819 Phone: Office: 916-454-6142 Secretary: 916-454-6982 (021172) a KENAI PIiNINStIIoA 1½OROUGII RliGUI,AR AgSIiMBI,Y blIiETING NOVEMI;ER 14, 1978; 7:30 l).bl. BOROIJGII AIIIqlNISTRATION BUII.DING P. O. BOX 850 SOLDOTNA~ ALAS~ 99669 -AGENDA.- B. C. D. E. F. CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE AND/OR OPENrNG CEREBIONY SEATING OF NEI~ ASSEMBLYMEMBERS AGENDA APPROVAL MINUTES: October 31, 1978 ORDINANCE ttEARINGS (a) Ord. 78-$2 "To Provide for tho Disposal ~fB6r~ugh Lands Obtained from the State of Alaska Uader the Municipal Land Selection Laws" with amendments {b) Ord. 78-56 "An Ordinance Appropriating $25,B00 f~om the General Fund to Be ~sed In Developing a Comprehensive Plan for The City of Seldovia and Accepting $2S,600 of State of Alaska Coastal Energy Impact ProgMam Funds to Reimburse the General Fund" {c] Ord. 78-57 "An Ordinance'Appropriating ~0-~--Y~om the General Fund to Be Used in Developing a Comprehensive Plan for the City of Kenai and Accepting $58,000 of State of Alaska Coastal Energy Impact Program Funds to Reimburse the General Fund" Ord. 78-22 "An Ordinance Appropriating Funds for' Fiscal Year 1978-79 for Capital Projects" {removed from Table and Postponed 10-3i-78 by Fischer) G. INTRODUCTION OF ORDINANCES (a) Ord. 78-63 "Providing Penalties for the ~ P~r~f-False Applications for Tax Exemptions" PUBLIC PRESENTATIONS (with prior notice) CO~IlTTEE REPORTS (a) School Board (Ambarian/Arness) (b) Cook Inlet Ail Resources Mgmt. {Davis/Long) OEDP (Fischer/Moses} Finance {IIi 1 le/Cooper/C 3awford/.McC1 oud/ Corr/Douglas) 1. Presentation by Pricc-~aterhouse, Auditors 2. Memo from Finance Director Bai'ton 3. Finance Co~nittee comments Assembly - Voze Campbell 7.5 Cooper 10 Corr 9 Crawford 4 Davis 9 Dimmick 9 Douglas 9 Elson 10.67 Fischer 9 liille 10.66 Long 9 Martin 9 Moses 11 McCloud 7.5 Ambarian 10.67 Arno,s 9 AGIiNDA FOR NOVE~IBER 14, 1978 (e) Solid {Vaste (Fischer/Martin/Cooper) Roads and Trails (g) Ports and llarbors (Arne:~:;/Campbell/At,b;~rian) Local Affairs (C:,npbell/gmbarJan/Dimmick/ Arness/Coopor) Page 2 J. MAYOR'S RE I'ORT (a) Memo 79-28 "Surph~s Auction" (Barton) (b) blemo 79-29 "Budget Transfers" (G~lman) K. SCIIOOL CONSTRUCTION REPORT (a) Furniture and Equipment List, Seward H.S., Redoubt Elementary, Tustumena Elementary, Sterling Elementary, ltomer II.S. Appv 11-6-78 L. OTIIER BUS-INESS (a).Res. 78-108 (Amended) "Creating a Position of Clerk/Dispatcher for the Nikiski Fire Department, Approving the Job Description and Pay Range, and Reducing the NuMber of /II Pirefighters" and Memo (Baxley) (b) Call up of Notice to Reconsider Ord. 78-36 "An'Ordinance Repealing Chapter 10.08 of the Borough code, and Enacting New Chapter 10.08 Establishing Uniform Clean Air Standards and Emission Regulations in the Cook Inlet Air Resources Nanagement District"~ ' (Motion by Dimmick) ~,~ (c) Call up of Notice to Reconsider Ord. 78255 "An Ordinance Amending the Kenai-~ni¢ipaF District Zoning Code and Modifying Certain Permitted Densities and Uses Within thc Kenai Municipal District" (Motion by Davis) (d) Res. 78-119 "Establishing Regulations to ~miniSter[the Tax Exemption of the Firslh $10,000 of(Residential Real Property ~. Valuat. ion"\-- ' ' ' MAYOR AND ASSEMBLY: CO~IENT~ AND DISCUSSION PUBLIC PRESENTATIONS INFO~%IATIONAL MATERIALS AND REPORTS (a) (b) Cc) (d) NEXT' Minutes, School. Board, Oct. 16/ 1978 f News-in-Brief Application for new liquor licenses:. LaCuisine and Nightwatch, dispensary The Cellar, Retail; Damon Plaza (Koblyk) Letter re Ord. 78-55, Ruby Coyle Cost of Living Index ~IEETING: November 21, 1978 Mr Calvin Quandt Box 1046 Kenai, Alaska 99611 R~ RAVEN LANE Dear Calvin Please accept my apologies for being a week late with this letter. Concerning Raven Lan~ I can only forward the report proposed by Bill Nelson. If this report is in error, then advise with substantiating data. A reconsideration would then be in order. Thank you. Sincerely .- John E Wise .. CitN Manage~ JEW/pw En=losure A/S "' TO: FR'O.~!: v "StIBJECT: i Kef th Kornelis, Public l~'orks ~Jrectos- Bill Xelson, City Engineer Rave/I Lane/quandt · I h~4ve inspected Raven 1.ane ~¢ith Calvin Quandt' and l.}on Brmen. · .~ceording to ?.h'. Quandt, the trenching and placement of the s~at'er line has left his dr/ves.:ay in poor condition, lie claims "that the gravel that seas on the surface is no~,' Jn the "bottom of "the ditch." Further~ore, be claims that the uncompacted has settled 18 inches leaving him ieith "a continual mudho/e.,, lie also requests that the City restore the road to "its former ;e~cellent condition . . . maintain it or else forego your .[~ghts to the road." I have talked with the C~ty Inspecto~ for ' Pearson, ~no lonver w~tb *~,~ ~: .... th~s pro, eot Car- allegations ~I,.° w~ .... ~_'"~ ~)'J. concerning blr Ounn,~r,~ th . · t tl~e sta'2 _~-;.-~,,~gn s~atea that the nm~eri' ' ..... ...o . .~_. . . r~ u~ ~ne project 8~>nea,.~-~ *- ~.- ... al on Raven Lane -nut ~portea gravel, tie fu-*[[- ~}'~-~ t.y ~lac)ve mater~al and ·-~-er acarea tidal' tho property was left tn better condition after project corn .' .. · Paoject began., plet~on than existed before the I. IV inspection of the property revealed a shallow, steale aPProximately y O' x 10' x 10" running parallel to and directly above the water . ne. Since the s~ale has very gradual sloping sides - - . and sinco rn~ trench ~¢as excavated after-the ground'mts frozen, my opinion Is lhat tho s~.ale has not been formed by settlement of the backfill. If the backfill had sea'led, the s~,'ale ~,'ould be narrot,,er, with qteeper sides. Instead, I believe, the s,cale is formed by the antersection of the road bed shoulder and the building, pad runfiing parallel to the road bed. .. .. Please be. advised that Raven Lane is a State o~'ned public right of ~ay and that the City did not construct nor accept the Construction of Raven Lane. Incidentally, to fill the depression'~eould require approxinmtely $0 - 40 cubic yards of material. - ... CITY OF KENAI 4 P. O. BOX S80 KENAI, ALASKA 9961 T~EPHONE 283 - 753S ~E~O FOR RECORD SUBJECT: City of Kenai and CH2M tlill Meeting concerning Step 2 Design Wastewater Facilities DATE: November 10, 1978 TIME: 2:00 p.m. PLACE: Hilton Hotel Cafe PRESENT: CH2M Hill: Loren Leman, Chuck Torrko City of Kenai: Mayor Vince O'Reilly, Phil Abet, Mike Seaman, Betty Glick, Ed Ambarian, Ernie Schl.ereth, Keith Kornelis The subject of discussion was the Design Phase - Step 2 of the Ifastewater Facilities Plan for the City of Kenai. CH2M Hill presented the attached documents concerning the design work for Step 2. CH2M Hill stated that this work could be divided up into three phases. 1) Kenai Central By-Pass 2) The Sewer Treatment Plant Expansion 3) .The new Sewer Out Fall Line. Keith Kornelis stated that from the Public"t~orks operation view, the City Central By-Pass should be top priority for design and construction completion. This is due to the fact of the relatively small sewer lines that go over the Bluff. There is a real concern over not only the size of this sewer but the 1 ati ' Phil Abet stated that it would be desirable to immediately pursue a sewer line relocation where these lines would go over the Bluff in a more suitable area. It was decided that instead of tackling a new grant application which would include this line, that it wou~d be added at a later date. The City of Kenai does not want to-anything which ~vould take more time for the completion of the Kenai Central By-Pass. CH2M Hill discussed the contract that they are hoping to enter into with the City of Kenai on the design of the Kenai ~astewater Facilities. They propose a cost plus fixed fee for payment. Payment for this work would be funded by EDA (three quarters), State of Alaska (one-eighth), and the City of Kenai (one-eighth). Unfortunately, due to a time lag in the funding, the City of Kenai would have to come up with one-quarter of the funds until a later date after the State's approval. There was discussion concerning the land problem at the Sewer Treatment Plant. Evidently the land that the Sewer Treatment Plant sits on was given to the City for their Municipal Parks and Recreation. There has to be some type of trade for present City Lands and this land the Sewer Treatment Plant is on. Mayor O'Reill¥ stated his concerns that CH2M Hill will maintain open communications with the utility companies during the design phase of this project. Input should be sought after and some type of documentation should be kept concerning this communications with the utility companies. Copies of the certified letters sent to these utility companies should be sent to the City of Kenai, It should also be kept in mind that when construction grant money is applied for that the utility companies not be overlooked. Cost for a relocation of utilities deemed necessary by good engineering judgment should be considered during the construction grant application. This summary of notes taken by Keith Kornelis ¢. BY ......... DATE SHEET NO.~mOF~ ~T PROJECT NO,. 1, 1 ,Z J I .? 1 SUBJECT~ BYe. DATE SHEET NO...--~OF~ ~,~.___ PROJECT NO .......... SUBJECT~ ,~,,.~ ,,o._~._ o~_ _~__ PROJECT NO.__ ' I 7891 3 4 S 6 78g$- / ¢o~, 5-/',',,,o~ / I II III I Ele~tlen Datum: A~oblo DI~ to Figure 7-2 FACILITY SITE PLAN Plant Samp!ers To accurately monier 'the performance of the expanded ~lant, two auto- matic samplers are recommended, one for raw sewage and one for final effluent. The samplers shot,Id -o~tain refrigerated compartments to allow storage of the collected samples. Either flow-proportional or timeclock control should be available for operation of the samplezs. Administration and Laborator~ Facilities Exist/ng administrative and laboratory facilities at the plant appear to be adequate for the plant's immediate needs and those of the foreseeable future. Some needed modification to these facilities may become evident during the final design. A contingency was allotted in the plant expan- sion costs for unidentified improvements. PROJECT COST ESTIMATE Table 7-8 shows the estimated construction costs for initial construc- tion. An allowance for contingencies has be~n made in the estimated construction cost. The 20-percent construction contingency allowance for unforeseen circumstances provides a realistic estimate for the purpose of financial planning since a more detailed cost analysis will not be prepare~ until the final design has been completed. The est/mated construction cost shown in table 7-8 will be used as a part of the overall basis for the financial planning presented in chapter 8. T~ ?-8. PROJECT COST ~STIMATE FOR 1979-1981 CONSTBUCTION Items Transmission Facilities January 1978 Est~_-~ted Cost ~e-~n, Bon~, and Insurance Central Kenai Bypass Interceptor Gravity ~ortion (2,400' of 16#) Gravity-pressure port/on (2,300' of 14") Kenai Beach Road parallel pressure line (950' of 10") Subtotal Contingencies (20%) Construction Cost Eng~neering, Legal, Fiscal, Adm~nistrative (15%) To~al Interceptor Project Cost 12,000 147,000 112,000 3~000 309,000 ,. 61~000 370,000 , ~%ooo 425,000 .7-18 Treatment Facilities January 1978 Estimated Cost Move-in, Bond, and Insurance New Special Inlet ~anhole ~ine ~creening Facility Headworks Modifications Aeration Basin Modifications Diffused Air System Modifications Secondary clar£fier Influent Structure Secondary Clarifiers Return A~tivated Sludge Pump Stat/on Effluent Measurement Structure Existing Clarifiers Conversion to Gravity Thickeners Aerobic Digester Belt Filter Press Facilities Septage Facility Yard Pip~ng Sewage Samplers Operations Building Modifications R~ads, Fences, and Sitework Emergency Generator Electrical and Instrumentation/Control PLant Ou~fall Subtotal Contingencies (20%) Construction Cost Engineering, Legal, Fiscal, A~nistrat~ve (15%) Total Treatment Plant l~oJect Cost Total Project Cost See a~Pendix C for cost methodology. 50,000 14,000 92,000 15,000 18,000 48,000 65,000 490,000 228,000 14,000 50,000 253,000 244,000 53,000 74,000 13,000 40,000 90,000 60,000 150,000 _ 275,000 2,336,000 , 467;000 2,803,000 .., 422~000 3,22S,qO~ 3,650,000 7 -19 PROJECT FUNDING REQUIRF24ENTS January January 1978 1980 costs, (~). costs ($} Total Project Cost Federal Grant (75%) State Grant (12.5%) City of Kenai Cost (12.5%) .3,650,000 4,415,000 2,738,000 3,315,000 456,000 550,000 456,000 550,000 _.Operation and Maintenance Costs Antict~ated project operating costs are shown in table 8-2. These costs are the projected costs for the first year of plant operation in 1980 a~d ~nclude estimated increases in labor, ~ower, and materials. The total operating and maintenance costs fo= the first year of opera- tion of the expanded plant using current labor, power, and materials costs are $142,500. ~ased on the estimated labor requirements, an initial plant staff of three persons will be required. At design flows, this figure may be expected to increase to approximately six. T~b~ 8-~. OPF~ATION AND MAINTENANCE COSTS Year 1980 Operation of Sewage Treatment Plant Materials & Labor ($) Supplies ($) Total ($) Primary System 13,500 6,100 Secondary System 46,200 8,400 Solids Handling System 15,400 19,200 Laboratory 16,400 1,600 Yard Work 4,800 1,600 ~lminist~:atton ~ 4~990 5,300 '-100,300 42,200 Collectton System Operation Znsurance Former Debt Service 19,600 54,600 34,600 18,000 6,400 9~.300 142,500 ?o,oooa 10,000b 25,000b Total Se~eraqe System O~erating Costs (1980) 247,500 b From City of Kenai water and sewer revenue fund, 30 April 1977; assumes COSTS increased at annual rate of 6.5%, and 40% of water and sewer costs are attributable to collection system. From City of Kanai 1977/78 Budget. AGREEMENT TO ~URNISH ENGINEERING ~ERVICES TO THE CITY OF KENAI, ALASKA FOR MODIFICATIONS AND ADDITIONS TO WA~TEWATER TREATMENT FACILITIES For the consideration hereinafter set forth, the firm of CH2M HILL, Inc., a professional engineering corporation, hereinafter referred to as the ENGINEER, agrees to provide engineering services to the City of Kenai, Alaska, hereinafter referred to as the OWNER, for design definition, final design and. preparation of plans and specifications, engineering services during construction, on-site inspe=tion, and other services as described hereinafter, for the PROJECT generally described as modifications and additions to the wastewater treatment facility as described in the Wastewater Facilities Plan report (September 1978) prepared by CH2M HILL for the City of Kenai. These improvements are the Central Kenai Bypass Interceptor, and Sewage Treatment Plant Improvements as described more specifically in Chapter 7 of the report. The Central Kenai Interceptor Rerouting, West Kenai Bypass Interceptor, Lift Station No. WD-8, and West Kenai Interceptor Parallel are excluded from this PROJECT. ARTICLE 1 The specific services which the ENGINEER agrees to furnish are outlined in this article. A. DESIGN SERVICES 1. Des£gn Definition as Review available information assembled by the OWNER or as previously developed by the ENGINEER. Prepare a design definition report and submit three (3) copies to the OWNER. The report shall include= 1) 2) 3) 4) Unit process design criteria Liqu£d and solids process flow sheets Hydraulic profile Operational description of ~aJor unit processes 5) Plant layout Ce ?) Preliminary process layouts for major · unit processes Architectural/structural concept for major structureu 8) Preliminary specifications for major items of equipment 9)' Preliminary cost estimate Furnish survey and mapping and/or photogrammetric personnel and equipment required to obtain field information necessary to design and prepare satisfactory plans for the facilities. Furnish personnel and equipment required to perform subsurface explorations necessary for determining geologic foundation and developing soil design parameters. Prepare a report sum--. ..marizing the findings of the subsurface explora- tions. Conduct a maximum of three (3) conferences with the OWNER and agencies to review their requirements and recommendations. If additional conferences are necessary, they will be performed under Section E, OTHER SERVICES. Final Design Services ae Prepare complete general and detailed bidding documents, construction plans, specifications, and estimates of cost as customarily made available for construction projects of this type. The contract documents shall be prepared for bidding and award Of a single construction contract. Meet with the OWNER and agencies when requested and necessary for consultation or conferences in regard to design of the project. The number of conferences shall be-limited to six (6) during final design services. Any public information program or other activities associated with public awareness, acceptance, or adoption of the PROJECT are distinguished from and not a part of.this item. Furnish sufficient copies of final plans and specifications for final regiew by the OWNER and agencies. 2 SERVICES DURING CONSTRUCTION 1. Furnish sufficient copies of plans, specifications, and contract documents for obtaining bids ~nd for construction. Interpret plans and specifications during bidding; prepare and distribute addenda; receive and tabulate construction proposals; analyze bid results; recommend contract award to the OWNER; and prepare contract for execution. Work involved in the resolution of bidding informalities, bidder appeals, or'in achieving requirements related to minority labor or minority contractors constitutes a change in scope. Coordinat~ obtaining approval to award the construc- tion contract with the grant agencies. e Review Shop drawings, diagrams, illustrations, catalog data, schedules and samples, the results of tests and inspections, and other data which the Contractor is required to submit for conformance with the design concept of the PROJECT and compliance with the information given in the contract documents. Interpret plans and specifications. Evaluate requests to deviate from designs or specifications. Supervise the work of the on-site inspection personnel and other field personnel. Review construction critical path schedule. Submit monthly progress payment reco~nendations. Selected members of the design team will make periodic visits to the site of the PROJECT to observe the progress and quality of the work and to determine if the work is proceeding in accordance with the intent of the contract documents. Prepare such change orders as may be required and certify them to the OWNER for issue, and to EPA for review. Upon completlon of operable units, observe operation of performance testing and report findings to OWNER and Contractor. C® 10. Upon completion of construction, observe completed work jointly with representatives of the OWNER and submit a report of deficiencies in fulfillment of the construction contract. Upon correction of the deficiencies, observe completed work Jointly with representatives of the OWNER and submit a report on the completed PROJECT. Assist in negotiating final payment for construction. Document proceedings of negotiation, if any, and record basis for final payment. Negotiations resulting from claims and legal complaints shall be performed under Section E, OTHER SERVICES. ON-SITE INSPECTION SERVICES Furnish on-site inspection personnel during calendar ~ears 1980 and 1981 to act as agent of the OWNER in its relations with the construction contractor, to provide on-the-job, day-to-day inspection of the work as defined herein, and to keep all records, maps, and plans necessary for the preparation of drawings showing the PROJECT as fully constructed. The aggregate total number of man-days will be 'agreed upon at the time of total price negotiation for this service. SPECIAL SERVICES Assist the OWNER in preparing and obtaining permits for construction. Assist the OWNER in the preparation of state and Federal grant applications and supporting documents. Prepare and submit routine reports, including those for partial grant payments, required by state and/or Federal agencies. Prepare plan of operation to identify specific actions and related completion dates for startup and continued operation of the facilities. Provide personnel for startup and initial operation of the completed system. Startup and initial operation shall include training for operational, maintenance, control, sampling, testing, and reporting aspects of the treatment process. Startup and initial operation services shall consist of an aggregate total of 10 man-days. 6. Prepare and submit two sets of record plans of the work as it is finally constructed. Information supplied by the on-site inspection personnel shall be used ~or this tusk. 7. Prepare, revise, and finalize an operations manual describing the operation of the PROJECT and provide five (5) copies. This manual shall explain the various modes of operation which may be possible, including, but not limited to, both normal operation and emez. g~ncy operation procedures. The manual shall be complete with schematic drawings showing possible fluid and solid flow routes and capacities. The manual shall explain the purpose and theory of the process. .It shall include instructions for each subprocess operation and shall contain instructions for test or laboratory procedures that may be required to monitor the performance. The manual shall bc suitable for use as an operational tool and a textbook to facilitate operator training. It shall conform to EPA and state requirements. 8. Provide three copies of complete manufacturer's maintenance instructions for all mechanical equipment that may be installed as a part of the PROJECT or associated ancillary features. The maintenance instructions shall include lubrication schedules, recommended lubricants, recommended inspection or service procedures, instructions for 4isassembly and reassembly after repairs, and such other information, as may be required'to facilitate equipment maintenance. OTHER SERVICES The services enumerated herein shall be performed only as requested or approved by the OWNER. Authorization to proceed shall be in the form of a task order specifying the work to be performed. Each task order, after execution by both parties to this Agreement, shall become a supplement to and a part of this Agreement. 1. Provide construction surveying. 2. Perform engineering services required for value engineering analysis of the PROJECT. The definition of value engineering, referred to hereinafter as VE, is review of the PROJECT by a VE team separate from the design team for the.purpose of an objective, systematic optimizing of the total cost of the faailities for the estimated life of the facilities. Provide administrative ~urvi~ss durfng bidding and/or construction that are not included in Section B, SERVICES DURING CONSTRUCTION, such ass Work necessary to resolve bidding informalities and/or bidder appeals or to achieve r-~uirements related to minority labor or minority contractors. Investigations, meetings, and negotiations with the Contractor involving claims and legal complaints. Ce Additional work resulting from the delinquency or insolvency of the Contractor, or as a result of damage to the construction project caused by fire, flood, earthquake, or other acts of God, all exclusive of additional work resulting from litigation. de Additional work resulting from strikes, walkouts, or other acts of t~ade or labor unions, or work required to resolve or achieve requirements related to minority labor or minority contractors. Investigations to determine cause of malfunctions, failures, or accidents. Observe factory or field certification tests of equipment or facilities, furnish the personnel and equipment required for such observation, and report the results thereof to the OWNER. Assist in the development of user charge and rate analyses. Assist in the development of sewer use ordinances. Develop revisions in NPDES permit to coincide with plant operating procedures. · Assist in procuring support equipment, supplies, and staff. 10. Assist in monitoring and testing process performance. 11. Assist in n~ws ~el,a~s, othmr info~nmtions] litera- ture, and dedications. 12. Assist in obtaining warranty repair after the OWNER's acceptance of the work. 13. 14. Provide and interpret supporting records for audit. Furnish all other services not stipulated elsewhere in this Agreement when requested by the OWNER, which are required to complete the PROJECT in accordance with applicable EPA regulations (40 CFR, Part 35, Subpart E). ARTICLE. As consideration for providing the services enumerated in Sections A, B, C, and D, of Article 1, the OWNER shall pay the ENGINEER the amount of the ENGINEER's direct salary expended for the service plus a percentage of direct salary for salary overhead, plus a percentage of direct salary for general overhead, plus direct expenses in connection there- with, plus a fixed dollar profit. Salary overheads and gen- eral overheads are defined in Article 4. The cost ceiling includes direct salary, salary and general overheads, and direct expenses. Cost ceilings, fixed fee and total price for each work section are listed in Schedule A. The total price amount is the sum of the cost ceiling plus the fixed fee. SCHEDULE A Cost Fixed Total Service Ceiling Fee Price A. Design Services B. Services During Construction ~271,735 $43,590 $315,325 (1) (1) (1) C. On-SAte Inspection Services (1) (1) (1) D. Special ;ervices (1) (1) (1) Amounts to be negotiated at a later date. (1) 7 II _ 'The cost ceilings shall not exceed the amounts listed in Schedule A without formal amendment of this Agreement. A change of work scope is not a prerequisite for said amendment. In the event the entire scope of work is not completed within the cost ceiling established for those services provided under the cost reimbursement provisions of the Agreement the ENGINEER shall continue with any or all parts of the work for which an amended cost ceiling is established. The fixed fee amounts may not be increased except in the case of an amendment to this Agreement that increases the scope of work. It is estimated that the total cost to the O~qER for the various services to be provided by the ENGINEER, exclusive of any fixed fee, will not exceed the cost ceilings indi- cated. The ENGINEER agrees to use his best efforts to perform the work specified and all obligations under this contract within such cost ceilings. If, at any time, the ENGINEER has reason to believe that the costs which he expects to incur in the performance of this contract in the next succeeding sixty (60) days, when added to all costs previously incurred, will exceed the estimated cost then set forth for the particular service, the ENGINEER shall notify the OWH~ER in writing to that effect, giving the revised estimate of such cos~ ceilings for the performance of this contract and requesting an amendment to the Agreement. Except as required b~ other provisions of this Agreement specifically .citing and stated to be an exception from this clause, the OWNER shall not be obligated to reimburse the ENGINEER for costs incurred in excess of the estimated cost ceiling set forth, and the ENGINEER shall not be obligated to continue performance under the contract (including actions under the termination clause) or otherwise to incur costs in excess of the estimated cost ceilings set forth unless and until the OWNER shall have notified the ENGINEER in writing that such cost ceiling has been increased and shall have specified in such notice a revised estimated cost ceiling which shall thereupon constitute the estimated cost of performance of this contract. In the absence of the specified notice, the OWI~ER shall not be obligated to reimburse the ENGINEER for any costs in excess of the estimated cost ceiling set forth, whether those excess costs were incurred during the course of the contract or as a result of termination. When and to the extent that the estimated cost ceiling set forth has been increased, an~ costs incurred by the ENGINEER in excess of the estimated cost, prior to such increase, shall be allowable to the .same i I .extent as if such costs had been incurred after the increase; unless the OWNER issues a termination or other notice and directs that the in6rease is solely for the purpose of covering termination or other specified expenses. .' As consideration for providlns the se&¥iuus unm,erated in Article l, Section E, OTHER SERVICES, the OWNER shall pay the ENGINEER a lump sum amount or the amount of the ENGINEER'S salary costs expended for each service, plus a percentage of said costs for general overhead, plus direct expenses in connection therewith, plus a fixed fee for each service. Said payment for each service shall be negotiated by the parties at the time each service is authorized. Salary costs and general overhead are defined in Article 4. It is further agreed by the parties that, if the design services, Article A, covered in this Agreement have not been completed before January 1980, thc basis of payment will be renegotiated to allow for changes in the cost of services. The basis for said renegotiation shall be as follows: services deferred in whole or part to any subsequent calendar year shall cause the cost ceiling and fixed fee amounts associated with said deferred services to be adjusted using the approved forward pricing information in effect at the t~me of renegotiating. Forward pricing information shall be · as approved by the Defense Contract Audit Agency or other designated audit agency for the wastewater construction grants program. It is also mutually agreed that the above payments shall be compensation only for those services specifically listed in Artiul= l, Section A. Provisions for additional compensation for the remaining sections will be negotiated separately with the OWNER in accordance with EPA regulation 40 CFR, Part 35, Subpart E. ARTICLE 3 Payment to the ENGINEER as prescribed in Artlcle 2 is to be made as follows: A® For services enumerated in Article 1, within 30 days after date of billing the amount due for each service rendered during the month based on salaries expended plus salary overhead plus general overhead, plus direct expenses and a proportionate amount of the fixed fee. For the purpose of monthly payment, the salary costs and general overheads shall be those rates typically ~tilized by the ENGINEER for billing purposes 9 Upon completion of each service, and within 30 days after date of b'illing, the final amount will be due for the service rendered including any portion of the fixed fee for said service not previously paid. AR~T~"T,~ 4 It is further mutually agreed by the parties hereto: ae Ce That, the ENGINEER will not begin work on any of the services listed in Article 1 until the OWNER directs him in writing to proceed. De That, the OWNER shall make available to the ENGINEER · all technical data in the OWNER's possession, including maps, surveys, borings, and other information required by the ENGINEER and relating to his work. That, the estimates Of cost for the PROJECT'provided for herein are to be prepared by the ENGINEER through exercise of his experience and Judgment in applying presently available cost data, but it is recognized that the ENGINEER has no control over cost of labor and materials, or over competitive bidding procedures and market conditions, so that he cannot warrant that the project construction costs will not vary from his cost estimates. That, visits to the construction site and observations made by the ENGINEER as part of his services shall not relieve the construction contractor of his obligation to conduct comprehensive inspections of the work sufficient to ensure conformance with the intent of the contract documents, and shall not relieve the construction contractor of his full responsibility for all construction means, methods, techniques, sequences, and procedures necessary for coordinating and completing all portions of the work under the construction contract and for all safety precautions incidental thereto. Such visits'by the ENGINEER are not to be construed as part of the inspection duties of the on-site inspection personnel defined in other parts of this Agreement. That, the on-site inspection personnel w~ll make reasonable efforts to guard the OWNER against defects and deficiencies in the work of the Contractor and to help determine if the provisions of the contract documents are being fulfilled. Their day-to-day inspection will not, however, cause the ENGINEER to be responsible for those duties and responsibilities that belong to the construction contractor and that include, but are not limited to, full responsibility for the 10 techniques and .sequences of construction and the safety precautions incidental thereto, and fo~ performing the construction work in accordance with the contract doc~unents. That, the ENGINEER's salary costs are defined as the amount of wages or salaries of the ENGINEER's employees working on the PROJECT, plus a percentage of such wages or salaries to cover all taxes, payments, and premiums measured by or applicable at the time of performance to such wages or salaries, such as, but not limited to, Worker's Compensation Insurance, Social Security, state and Federal unemployment insurance, medical-hospital insurance, salary continuation insurance, pension plan costs, and pro rata allowances for %acation, sick leave, and holiday pay. Said percentage is estimated to be 32.9 percent of wages and salaries of the ENGINEER's employees during the calendar year 1978. That, the'ENGINEER's general overhead costs are defined as those general and administrative costs, exclusive of salary overheads included under paragraph F, allowable under the cost principles of 41 CFR 1-15.4 that are actually incurred by the ENGINEER during the period ~f performance of the services. Said general overhead costs are estimated to be 111.0 percent of wages and salaries of the ENGINEER's. employees during calendar year 1978. That, the ENGINEER's direct expenses are defined as the costs incurred on or directly for the PROJECT, other than the salary costs and general overhead costs (as defined hereinbefore). Such direct expenses shall be computed on the basis of actual purchase price for items obtained from commercial sources and on the basis of usual commercial charges for items provided by the ENGINEER. Direct expenses shall include, but not be limited to, necessary transportation costs, including mileage at the ENGINEER's current rate per mile (~7¢/mtle for 1978) when the ENGINEER's own automobiles are used, meals and lodging, laboratory tests and analyses, computer services, magnetic card typewriter services, telephone, printing, binding, and multilith charges. Direct expenses shall include a monthly allowance for each on-site inspector's living expenses, plus cost of moving each on-site inspector to the PROJECT location at the beginning of the PROJECT and at the start of each construction season, from the PROJECT location upon completion of the PROJECT and at the end of each construction season. That, when the OWNER directs that competitive bids be taken for construction on alternate designs, where this involves the preparation of designs, plans, and spuci- fications for altcrnatc facilities, the compensation to the ENGINEER shall be an additional payment to be negotiated at the time the OWNER directs that alter- native designs, plans, and specifications be prepared. J. That, in soils investigation work and in determining subsurface conditions for the PROJECT, the character- istics may vary greatly between successive test points and sample intervals. The ENGINEER will perform this work in accordance with generally accepted soils engineer- ing practices and makes no other warranties, expressed or implied, as to the professional advice provided under the terms of this Agreement. That, if payment of the a~ounts due as prescribed in Article '2, or any portion thereof, is not made within the period specified in Article 3, interest on the unpaid balance thereof will accrue at the rate of twelve percent (12%) per annum and become due and payable at the time said overdue payments are made. L. That, if any portion of the PROJECT covered'by this :'Agreement and designed or specified by the ENGINEER ! shall be suspended, abated, abandoned, or terminated, i the OWNER shall pay the ENGINEER for the serviges .. rendered for such suspended,'aba~9~-.abandgned'-Or '-'terminated work,.the"payment to be based insofar as possible on the amounts established in this Agreement; or, where the Agreement cannot be applied, the payment shall be based upon a reasonable estimate, as mutually agreed, of the percentage of the work completed. M. That, the OWNER shall pay for all costs of publishing advertisements for bids and for obtaining permits and .licenses that may be required by local, state, or Federal authorities and shall secure the necessary land, easements, and rights-of-way. N. That, the OWNER shall pay for cost of special personnel and/or equipment required to augment the.on-site inspector's inspection of construction materials or equipment, such as, but not limited to, any service provided by a testing laboratory, in-place compaction testing, concrete coring, hi-pot testing of electrical cables, electrical breaker calibration, or any testing required to verify th~ results of testing performed by the Contractor. 12 ~ill'll .... T~at, in the event of any legal or other controversy requiring the s~rvices of the ENGINEER in providing expert testimony in connection with the PROJECT, except actions under paragraph P hereafter, and, except suits or claims Dy third partie~ ~9~i~st the OWNER aricing out of errors or omissions of the ENGINEER, the OM{ER shall pay the ENGINEER for services rendered in regard to such legal or other controversy, including costs of preparation for the controversy, on a basis to be negotiated. That, the provisions of Appendix C-1, an amendment to 40 CFR, Part 35, Subpart E, as published in the 29 December 1976 F~de~a~ R~g{ete~, are appended hereto and are hereby made a part of this Agreement. That, this Agreement is to be binding on the heirs, successors, and assigns of the parties hereto and is not to be assigned by either party without first obtaining the written consent of the other. ARTICLE 5 IN WITNESS WHEREOF, the parties hereto each herewith subscribe the sa~ne in triplicate. For CITY OF KENAI, ALASKA Dated this day of For CH2M HILL, Inc. · 1978. Dated this day of · 1978. 13 /' "' ' · O~ll IVu. -- ' ' PART I- GEI~ERA~ R0144 I, GRANTEr ____. $. NAMI: OF COt~?'~&~T0/~ Of~ SUflCONTI(ACT0~ ' HOURLY ESTIMATED RATE COST TOTALS 0,00 DIRECT LAOOR TOTALt iNDIRECT COSTS (Specify indirect eoel poole) BASE e ESTIMATED " ' ' COST INDIRECT COSTS TOTAL~ OTHER DIRECT COSTS ' ~ i 16 TMAVI~L COST TRAVEL SUBTOTALs EQUIPMENT, MATERIALS, SUPPLIES (lpeglly ealei)o~iee) EQUIPMENT SUBTOTAL~ SUBCONTRACTS SUGTOTAL~ d, OTHER (Spe¢lly ~atelollee) OTHER SUOTOTAL~ · e,i OTHER DIRECT COSTS TOTAL~ ID. TOTAL ESTIMATED COST ESTIMATED ' COST ESTIMATED :' COST ( , . ESTIMATED COST ESTIMATED GOST ! to PROFIT 12, TOTAL PRICE E PA F~,. ~700,4! ~ PAGE ! OF S ti. CATALOG LISTINGS, IN-HOU$/: FSTIMATE$, PRIOR OUOT£~ PART IV · CERTIFICATIONS 14. CONTnACTOn PRICEIS! PPOPOSED 14a,HAS A FEOERAI. AGENCY OR A r'£DERAI.I.Y CERTIFIED STATE Off LOCAL AGENCY PF..fiFO~MED ANY RF. VI£W OF YOUR ACCOUNTS OR RECORDS IN CONNECTION WITH ANY OTHER FEDERAk GRANT OH CONTRACT WITHIN THE PAJT tWEl.Vg MONTHS1 14b,THli ~MMARY CONFORMS WITH THE FOLkOWJNG COlt PRINCIPLES Tbt. proposRl is submitted [o, use in connection with and in response to (]) ~ ~*~ Z  · This is certify to the best of my knowledge ·fld ~ data summarized herein are complete, current, ~nd accurate ns o~ (2)~ ,, and that a finsncial management capability exists to fully and occu* ~tely account ~orthe financial tTansKtions under this project. I further cegify that I understand that the sub~r~ment price may ~ subject to downward ~enegotiation and/or ~eeoupment where the above cost ~ng pricing data have been d~termtned, ~s a ~esult o~ audit, not to h~ve been complex, cu.ent and accurete as o~ the date o~e. (3) 14. ORANTEE REVIEWER ' ' ' ' ' ! certify that I h~ve reviewed the cost/price summa'fy set forth herein and the proposed costs/price appear mcceptable for sHb~l~reement ,*ward, EPA REVIEWER (ll ~pplicJble) DAT(, OF E~.&CUTION PAGE Z OF ~, Don ~t, John Dennis,Reynold~ .0 ' Jim tCalton ~irs, Swearingen Harian Kempf DATE RECEIVED 10/4/78 10/11/75. 10/15/7S 10/17/78 Dave Curtis oss Kinney ~1' Ha'kk inert Jim Jenkins Bill Quandt Mrs. j,Thompson 10/l~/?g :10/20/78 10/20/78 10/23/75 '!0/25/78' 10/26/78 CITY .OF KENAI CITIZEN PETITION MONTHLY REPORT SERVICE REQUESTED .. ~p~! ~tens for tho names of the s~roets"in the VIP subdivision. · Large hole in ~on't of the 'Post Office DATE INVEST· COHPLETED 10/4/78 10/4/78 Tinker Lane is in Bad Shape needs to be graded. Light out on Forest and Bluff Drive~ay - culvert too narrow & people driving into ditch. 10/1~/78' 10/13/78 10/.~/78 St&rm drain behind Cart's seems to be filled w/gravel-potential flood. Forest drive extended hasn't been.. graded in three ~eeks' Wilson Dr.., road behind La~ry's Club,& Spruce all need to be graded· Water' pipe cu: off,bent over 90°. Wl~d~ood Ext. needs grading. '' Fireweed ~ Primrose -'ditch makes road too narrow,road slippery. "10/17/78 "10/~4/?g 10/24/78 10724/78 DATB CITIZEN NOTIFIE~ DEPARTMENTAl, REPO.RT Currently ~orking on the Uole'filled with gravel plan to patch.~ith bi.top Street has been graded. Light co~pany called. Road constructed in accordance ~/design. City has allo~d property owners to add length to driveway culverts with a non-fee permit.. Drain cleaned. Street bladed. Streets ·bladed. " ~,.. Citizen needs to 'handle hims.e..lf' Street bladed. '"'"' Surface of S.t. scraped loadedl ~ hauled away,the sur£a~e'material is unfit for good gra~el to b.e. put on. CITIIEN PETITION MONTHLY REPORT DATE INVEST. ED SERVICE REQUESTED CO~IPLETED ~rs. Oskolokoff 10/26/78 4th i Birch are beinl sraded too 10/27/78 _ hiih f water is being collected at toot et her d~iveway. Jim~A~dy's Flying Serv. . 10/$0/i8 'Overhead light'out at intersection 10/30/78 ~ east and west taxiway. Jack ~ilfort 10/11/78. Carol Street needs grading. 11/1/78 Anna Bell "10/$1/78 ~r. Sipperly '10/30/78 Bluff is falling away do~n on Cook and ~ain Light out Sth and Birch 11/1/78. ~0/30/78 DATE CITIZEN NOTIFIED DEPARTMENTAL REPORT. Water had to go sosewhere off the street ~hen we graveled the driving surface. ; Called.Inlet.Instruments.' Surface of S{. too hard to. blade - frozen, . ... City Engineer returned call. Called Homer Electric. · DATE Pat Bogen 10/$/7S Dar'leen. Ross. 10/$/78 '0 'Rick Manley 10/6/78 Nfs. Kampen 10/9/78 T~d Carson IO/~0/78 Norman Coon 10/10/78 Mrs~ Holmes 10/10/'78 Marleno Root '10/11778 ~..~ Mindeo Morning .10/15/78 .Donna Rogers '10/15/78 Joann Mortensen 1~/1-6/78 Anita Dte~rich 10/16/78 CITY OF KBNAI CITIZEN PETITION MONTHLY REPORT Six.dogs loose .- dumping over ~arbage in Redoubt ~ub. · Lost Germ. Shep. fgmale downtown area. DATE DATE INVEST, CITIZEN COMPLETED NOTIFIED lO/~/Ts lO/5/7s Two dogs loose on Beach. Two puppies lef~ by her house Walnut ~ Blm Pick up dead goat in back yard. 10/~0/78 Lost B1. Lab Vahalla Hgts. 10/10/78 Four dogs in trash.Maple St. 10/10/78 Picked up bi. male poodle on 10/11/78 Beaver Loop. : Has 2 strays tied up on Gill St. .. ·10/11/78 Bight dogs loose and dragging ' . 10/21/78 trash Woodland Sub. Lost a husky mix ~ildwood area. Five dogs running loose Linwood. Lost cat near Hi{h School. Neighbor's Germ. Shep bothers her lO/6/78 lO/9/78 10/16/78 DEPARTMENTAL R~PORT Contacted Bngens and some of the o~ncr~ of the doge. Tried to contact owner'conce~nin dog fit the shelter.'Owner took the dog from the shelter,po~ice reported to the scene. ,. Dogs le£t by the time arrived. - Picked u~.dogs. Picked up goat. Lost dog file. Patroled area. Picked up Dog, Picked up d. ogs. Patrol area datly-'these are '~..ho dogs that have been ~n the ~_,r. airport. · Lost dog file. ".""'. Dogs gone when arrived. .,~. ' Contacted her- cat had been · ... injured by car on 12th and had to be des. troyed...! · Contacted owner and they said -.they would con.'trol the doll. CITY OF I(ENAI CITIZEN PETITION MONIHLY REPORT DATE Larry Beardsley 10/16/78 Sandy Benson !0/17/78 Sue Skuse 10/19/78 J. Johnson 10/20/78 Jan Irwin 10/23/78 ·Julte Forest 10/24/78 Chuck Crabaug~ 10/24/78 Mrs. Stock 10/24/78 Annette O'Conne! 10/24/78 Jim Rose . ~0/25/78 O~hie~a Ketchum 10/25/78 Mrs~ Kilgove 10/26/78. Jim Wilson ~0/26/78.' -Connie Wilson 10/26/78 · Nils. Lee ..... ~0/31/78 Emily DeForest 10/30/78 SERVICE REQUESTED Lost male St. Bern. Birch Street Lost 2 labs - 1 yellow, 1 black Dog pack on Willow-pick up Lost Springer Spaniel Candlelight llas stray cat needs to be picked up. Lost her browa poodle. Woodland.. Pick up stray dog at New Redi Stop Pick up two dogs - strays, Pick up stray dog. Birch' Pick up female " Lost brown poodle Pick up stray off Highbush. Large dogs Jumping on customers. Logt dog, Ponzie Ten dogs next to Glad.Realty, Stray dogs in he~ yard-Woodland DATE INVEST. COMPLETED 10/16/78 10/17/78 .10/1'9/78 10/20/78 10/24/78 10/28/78 I0/24/78 10/24/78 10/24/78 10/25/78 IO/28/78. 10/26/78 10/26/78 10/26/78 i0/31/78 lo/3o"/78 ... DATE CITIZEN NOTIFIED .... DEPARTMENTAL REPORT Lost Dog File, Lost dog File. Patroled areardogs on thei~ property when arrived,owners will not keep dogs up, llad dog at the shelter. :' Picked u~ cat. Lost dog File. Picked up dog and contacted owner, .. Picked up dogs. Picked up dog. Picked up ~og. Lost dog file.- .. " Picked up dog. 'Checked out dogs ~ had ~eft~ when arrived. :~.. Lost dog file. ~C?. Oogs not thaFe.when'arrived..:' Patrolod area t~ice bn this date, '' ANIMAL CONTROL REPORT MONTH IMPOUNDED DESTROYED D.O.A. ADOPTED ~LAIME~ 0¢tober 90 34 17 16 16 3 - left from September 4 - carried to November 6 - Escaped or Removed BOX KENAI, A~SKA I~EPOBT FOR THE MONTH OF OCTOBER, 1978 Circulation Adult Juvenile Easy Books Fiction 1090 239 889 Non-Fiction 1328 8~ 135 Total Book Circulation 3765 Films, Phonodfscs, Pamphlets, Periodicals 3hO Total Circulation for October ~1o5 Additions Adult Juvenile Easy Books Gifts 100 I Ih Purchases 287 21 ~6 11~ Total Book Additions Phonodfses Total Add~tions for October ~83 le~edial and Reworked Books 2~ Interlibrary Loans Ordered Received Returned Books 61 62 32 Phonodiscs/AV ~8 3~ 19 Interlibrary Loans by our Library 10 Volunteers Number 35 Total Hours 528.25 Income Fines and Sa/e Books Lost or Damaged Books Don~tions for Books Xerox $319.35 29.31 25.00 138o50 Total Income for October $532.16 BORROWE~'S CARDS ISSUED OCTOBE~ 1978 Kena~ Nm'th Kena'. 8oldotn~ Anchor Point Sterling Easilof Clam Gulch Anchorage T~onek ~6 1 1 190 cards issued October KENAI I)ENINSULA BOROUGII AGI:.NDA' FOR TIll:. RF. GIII,AR ASSIi,~IBLY MI;ETING OC'i'OBI~R 10, 19781 7;30 BOROUGII AI)M I N I 5TR:W ION BU i L{) lNG P. O. BOX 850 SOI, DOTN/:, ALASKA 99669 -AGENDA.- A. CALl, TO ORDER AND ROLl, CALL PI,tiDGE OF ALLEGIANCE AND/OR OPENING CERE,~iONY C. SEATING OF NE{V ASSEMBLYMEMBERS (a) Canvassing Board Report 1 {b) Res. 78-112 "A Resolution Certifying the Resu'l'ts of the October 3, 1978 Regular Borough Election" 1 Adopted (c) Oaths of Office (d) Election of Assembly Officers 1 D. AGEi;DA APPROVAL 2 E. }lING'rES: September 19, 1978 & September 20, '78 2 Approved P. ORDINANCE ilEARINGS (none) G. INTRODUCTION OF ORDINANCES (a)Ord. 78-52 "To Provide for the Disposal of BorOugh Lands Obtained from the State of Alaska Under }Iunicipal Land Selection Lmvs" 2 Set for llearing (b) Ord. 78-96 "An Ordinance Appropriating $25',600 f~om the General Fund to Bo Used in Developing a Co.mprehensive Plan .for the City of Seldovia and Accepting $25,600 of State of Alaska Coastal Energy Impact Program Funds to Reimburse the General Fund"3 Set for llearing [¢) Ord. 78-57 "An Ordinance Appropriating $58,000 from the General Fund to Be Used in Developing a Comprehensive Plan for the City of Kenai and Accepting $58,000 of State uf Alaska Coastal Energy Impact Program Funds to Reimburse the General Fund" 3 Set for ltearing H. PUBLIC PRESENTATIONS (with prior notice) (a) MrS. Doris Lashley, Sea Catch, Inc. I. CO,~II{TEE REPORTS (appointments) (a) School Board (rotating) (b) Cook Inlet Air Resources ~lgmt. Dist. (Davis/Long) 4 (c) OEDP (Fischer/Moses) 4 (d) Soli.d {Vast6 (Fischer/Cdoper/Hartin) (e) Roads and Trails (Long/Corr/Martln) 4 (f) Finance (llille/McCloud/Codper/Douglas/ Corr/Cra~ford) AGENDA FOR MINUTES OF OCTOBER 10, ]978 Page 2 ~age No. (g) Ports and llarhors '(Arnoss/Campboll/Ambarian) 5 (h) Local Affairs (Campbell/Coopcr/Arness/ Ambari an/Dtmmick) 5 .1, MAYOR'S RFPORT (a) Memo 79-22 Budget Transfer' 5 Cb) State of the Borough 5 K. SCHOOL CONSTRUCTION REPORT (a) Furniture and Equipment List appv 9-18-78 Anchor Point, Seward lligh, llomer Illth Appv 10-2-78: Tustumena, Seward High, Homer lli'gh (b) Memo 79-23 1978 Bond Construction and Inspection Report L. OTIIER BUSINESS 5 Approved 6 (a) Res. 78-95 "A Resolution Nominating Certain L&nds ~ithin the City of Soldotna for Con- veyance from the State of Alaska" (corrected description) 6 Adopted Cb) Res. 78-107 "Cigarette Tax Resolution" 6 Adopted (c) Res. 78-108 "Creating a Position of Clerk/ b~spatcher for the Nikiski Fire Department, Approving the Job Description and Pay Range, and.Reducing the Number of Firofighters" 6 Adopted (d) Res. 78-109 "A Resolution Authorizing the Sale of Surplus Personal. Property Owned By the Kenai Peninsula Borough" 6 Adopted (e) Res. 78-110 "Awarding the Construct'ion ~ontract for the Project North Peninsula Recreation Service Area Park: Clearing, Grubbing and Rough Grading" 6 Adopted Cf) Res, 78-111 "l Resolution Consentin~ to the Location of a Seafood Processing Facility With Related Pollution Control Facilities and Dock Facilities to Be Financed By the Alaska Industrial Development Authority and to Be Located ~ithin the lenai Peninsula Borough" with Memo CKenai area) 6 Adopted (g) Res. 78-113 "A Resolution Consenting To the Location of a Seafood Processing Facility With Related Pollution Control Facilities and Dock Facilities to Be Financed By the Alaska Industrial Development Authority and To Be Located ~ithin the Konai Peninsula Borough" (llomer area) 7 Adopted (h) Waiver of Penalty and Interest 1. Dresser lndustrtes;.Memo from Barton 7 Denied 2. Phillips Petroleum Co.,.Memo from Barton 7 Denied '(i) Tax Adjustment Requests 7 Approved (j) Res. 78-114 "A Resolution Setting' Forth Finding IS-to Population of the Kenai Peninsula Borough" 7 Tabled (a) Mayor ~ilman; attdit and ntanagcment letter (b) ~lr. Crawford; Planning minutes la~encss (c) Mr. l:ischer; school furniture (d) Sir. Ambartan; welcome (e) blt. McCloud; Seward tI.S. dedication (f) Mr. Long; construction report appreciated (a) ~lr. llille; t:inance committee meeting (h) Pres. l~lson; excused absences/amendments/ ~1~ anaual meeting N. PUBLIC PRI~SENTAT IONS · O. ' INFORMATIONAL btATERtALS ~ND REPORTS P. NEXT ;.IEETING: October 31, i978 ~ November 6, 1978 special hearing in llomer 8 llem~ved from Tabl~ and Adopted 8 8 8 9 9 9 9 KENA! PENINSULA BOROUGII MINUTES OF TIlE REGULAR ASSI;I. IBI,Y MEETING OCTOBER BOROUGII AD;,I J N I STRAT SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLL CALL Pres. EIson called the meeting to order at approximately 7:30 p.m. in the assembly chambers. · PRESENT: Assemblymembers Cooper, Corr, Crawford, Davis, Elson, Fischer, tlille, Long, ~loses, ~lcCloud, O'Connell, O'Roilly;.Uayor Gilman, Atty. Sarisky, Finance Director Barton, Planning Director Iiaring, Assessor Thomas ABSENT AND EXCUSED: Assemblymembers Campbell, Douglas ABSENT: Assemblymembers Arness, Fields B. PLEDGE OF ALLEGIANCE AND/OR OPENING CERE~IONY C. SEATING OF NEIV ASSEMBLYME~IBERS (a) Canvassing Board Report The Clerk reported the Canvassing Board met October 9 and canvassed the absentee, questioned ballots and precinct materials. A total of 142 questioned ballots were receiv6d; 120 counted. 162 absen- tee ballots were received and 159 counted. A total of 4,600 qualified persons voted in the election. The clerk noted the following persons were elected to the Assembly: Edward Ambarian, City of Kenai; Erle Cooper, City of Homer; Donald ~IcCloud, City of Seward, Paul Fischer, 5tarilyn Dimmick and Harry Martin, outside city representatives. ~layor Donal~ E. Gilman was reelected to a three year term. (b) Res. 78-112 "A Resolution Certifying the Resnlts ~f the'OctOber 3, 1978 Regular Borough Electioo" ASSEMBLY~fEMBER COOPER ~IOVED FOR ADOPTION OF THE RESOLUTION AND IT ~AS ADOPTED BY UN~NI~IOUS CONSENT. (c) Oaths ~.~ Office The Clerk administered the oath of office to Donald E. Gilman, Borough ~Jayor, and to the newly elected assemblymembers noted above. (d) Election of Assembly Officers Mr. Crawford nominated JoAnn Elson for assembly president. Mr. Cooper moved to close nominations and a unanimous ba~lot ~as cast for Mrs. Elson. There was no objectio~ and so ordered. Mr. Long nominated Paul Fischer, Mr. Cooper nominated John Davis, Mr. McCloud nominated Carl Hille. Mr. Cooper moved that nominations be closed. Vote was by secret ballot. ~lr. Fischer and Mr. Hille eaah received 3 votes and ~Ir. Davis received 7 and was declared Vice President. Mr. O'Connell expressed appreciation for the assistance and cooperation of administration and the clerk during hSs te~m of office. Pres. Bison expressed appreciation for ~he commendable service .of o~tgoing assemblymembers, Mr. O*Connell ~lr. O'Rcilly and ~lr. Fields. ' t KENAI PIi.X[NSIJLA BOROUGII ASSE.qBLY RliGUI.AR blEliTIN¢; ,MINIITES OCI'OBI!R 10. 1978 PAGE 2 D. AGENDA AFPROVAL The clerk requested the addition of Res. 78-114~ "A Resolution -.~**i"g~ .. Forth ~i"-'i:lg, ..~ .\:; to " ..... '"":~" '~" '"",.~ "~c.a' Borough. This x~as added-to the agenda without objection as Item L(j). E. MINUTES: September 19, and Special }.leering, September 20, 1978. The minutes were approved as issued. F. ORDINANCE IIEARINGS (none) G. INTRODUCTION OF ORDINANCES (a) Ord. 78-52 "An Ordinance to Provide for the Disposal 6f Borough Lands Obtained from the State of Alaska Under 51unicipal Land Selection Laws" ASSE,MBLYblEbIBER COOPER MOVED 2'0 SET ORDINAL'CE 78-$2 FOR ttEARING NOYE.MBER 14, 1978. ;MR. COOPER MOVED TO AMEND THE ORDINANCE BY INCORPORATI}IG THE PROPOSED AMENDblENI'S SUB?.IITTED TONIGIIT. After discussion of the proposed amendments, Section 11 was deleted. ,~layor Gilman commented he had no philosophical differences with what the amendments propose but he might want to cone back with some clarification at the ordinance hearing itself. He stated there were problems with Section 10 which states that the ordinance is enacted but not in effect until after public hearings. If the ordinance is enacted first he questioned what good the pub!ic hearings would be in trying to get comments from the public. He believed hearings would be held before the assembly takes action on the ordinance. Mr. ~lartin stated he had proposed these amendments believing public hearings should be held in at least 4 areas of the borough because this is a major piece of legislation involving many thousands of acres, tlc spoke to the need for adequate notice to the public and the inclusion of lease lands in the ordinance. Because the wording of the proposed amendment to Section 10 was unclear, bir. Martin suggested a change to "This ordinance shall not be enacted until after public hearings or neetings are held in regard to it in at least four separate areas of the borough." ~fr. Sarisky stated perhaps the assembly should set the hearing dates now before hearing and enactment of the ordinance. Mr. Davis requested the amendments to Section 10 and the addi- tion of Section 11 be deleted and then following setting the ordinance for hearing, the hearings in the 4 separate places be' set. Mr. Martin and ~r. Cooper were agreeable to this schedule. QUESTION WAS CALLED ON TIIE AMENDMENT WtIICII FAILED BY A VOTE OF 58.67 "Yes" to 59.83 "No' AS FOLLO~¥S: YES: NO: Ambarian~ Cooper, Corr~ Davis, Martin, ~foses Crawford, Dinunic~, Elson, Fischer, Hille, Long, bicCloud - 2 - KENAT PENINSIJI.A BOROUGll ASSJi.~HH,Y RI;(;UI, AI~' MI:El'lNG ~IINU'rEs OCTOBI!R 10~ 1978 PA(;I! 3 ASSE~IIH,YI, IE~IIHill DI~I.qlCK MOVED TO TM}L/; 'HIE ORI)/NANCE IJN'rll, 'rile NEXT REGULAI{ NEETIN(i. TABLI,~G .~IOTION FAILED BY A VOTE OF 61 "Yes" to 57.5 "No" AS FOLI,OIVS: YES: Ambarian, Dimmick, Elson, llille~ Long, b~artin~ ~}oses NO: Cooper, Corr, Cra~ford~ Davis, Fischer, blcCloud QUESTION ~^S CALLED ON TIIE MAIII MOTIO~ TO SET ORDINANCE FOR HEARING NOVE.HBEII 14 AND 'rile ~iO'flON IVAS APPROVEI) BY A VOTE OF 100.S "Yes" to 18 "No"; Dim}}Lick and Nartin voting negatively. (b) Ord. 78-56 "An Ordinance Appropriating $25,600 from the general Fund to Be Used In ])eveloping a Comprehensive Plan for the City of Seldovia and Accepting $25,600 of State of Alaska Coastal Energy Impact Program Funds to Reimburse the general Fund" ASSENBLYSIESIBER CRAIVFORD ~IOVED TO SET ORD. 78-56 FOR HEARING NOVEMBER 14. VOTE IVAS UNANI.qOUS. (c) Ord. 78-57 "An Ordinance Appropriating $58~000 ~rOm the igeneral Fund to Be Used in Developing a Comprehensive Plan for the City of Kens} and Accepting $58,000 of State of Alaska Coastal Energy Impact Program Funds to Reimburse the general Fund" ASSEMBLYNEMBER }lILLE MOVED TO SET ORll. 78-47 FOR HEARING NOVEbI- BER 14. VOTE NAS UNANIMOUS. H. PUBLIC PRESENTATIONS (~ith prior notice) (a) bits. Doris La'shley, Sea Catch~ Inc. ~irs. Lashley requested an associate from Anchorage, Mr. Richard l~ilson, be allo~ed to make the presentation. ,~lr. ~/ilson stated, he has been retained by Sea Catch, Inc. to prepare a financial proposal for the feasibility of an expansion program in the borough in two locations. A state Industrial Development Authority bond is being applied for: One of the requirements in order to qualify is for the borough assembly to approve the sites for the proposed projects. The two projects as noted in the resolution and sho~en in distributed pictures include one located in Kenai on Cannery road. The proposal here is to expand the capacity by as much as 100 percent depending on the efficiency that can be achieved. A new plant is being considered for construction in the City of Heater's small boat harbor area on land which is leasable from the City. Both cities have given positive reaction toward the proposals. These Alaskan owned and controlled plants will strengthen the ~mployment of the area by providing year around jobs in an expanding fish industry. Feasibility studies have been completed and Sea Catch is at the point of seeking funds for the projects. Pres. Elson thanked ~r. g'ils~n for his presentation and stated the assembly Nill act on the resolution further on in the agenda. I. CO,~IHITTEE REPORTS (appointments)' (a) School Board Committee Pres. Elson recaI1ed that last year she made the decision that assembly~ie~ber:s ~ould take turns attending the school board o 3 - KI!NAI I'I~NIN,911LA BOI,~I)U(;II A:;Sli.MIH,Y 111i¢;111,A14 .',.II;I:TIN¢; NINU'J.'}i.9 OC'l'OI;lil4 If), 1978 i'A(;I~ 4 meetings and reporting hack to the assembly, q'his gives each m~,mbo? h,,t~'er iasi?ht ami a better ~orkine relationship ~ith th~ hoard. This pr:tgtice ~'ill he contintied. The clerk will notify each assemhly~acmbaer of the meeting date:; and locatkons and the system t,'ill rotate in alphabettcat order. The clefk t¢ill also coordimtte with the school administration to see that each person attending Ilus a school board packet before a meeting. (b) Cook Inlet Air Resources blanagement I)istrict Pres. l~tson asked that ~Ir. Davis and Nr. Long continue on this Commission. The controversial Air Resources ordinance will bo before the assembly a~ its next meeting. (c) Overall l~coaom~c Development Program Pres. l;lson noted this is an area where the assembly should become more aware and appoh, t~d ;Ir. l:ischcr and blt. ~loses to this committee. (d) Solid J~asto Pres. ~lson stated Mr. Paul Fischer ~ill chair and serving ~ith him will be ~Ir. Cooper and ~.lr. Ilarry bhtrtin. She urged this committee to work very closely ,ith the administration. (e) fiends and Trails Pres. ~lson asked ~lr, Long to chair this committee ~ith ~lr. Corr and Nr. ~lartin also serving. (f) Finance Committee Pres. l~lson charged this committee sith the follosing duties; All ordinances dealing ~eith finances are to be reviewed by the committee before introduction to the assembly. Tho committee is to revim~ future school construction ustltg unappropriated funds on hand. Introduce an ordinance on paying cash or going to bonded indebtedness for future construction with the ~ssues going to.a vote of the people. She requested this committee revie~ and come up ~tth the mechanics to accomplish the Ordinance passed this October 3 dealing ~ith the $10,000 exemption. She urged this committee revie~ the personal property tax ordinance and see if this tax ts being applied equitably and if not, pro- pose legislation to rectify the problem or delete the tax. Further, there should be a revies of the ordinance covering assemblymember's compensation and procedures for absences. She requested the Hayer and ~inance Committee cooperate at the earli- est in the preparation of the annual budget. A policy should be established for those years whore the borough has substantiat surpluses from on~-tiae unanticipated revenues. In the event the borough does receive title to its lands, and thus the possi- bility of those lands being sold, a policy should b~ established as to ho~.i the proceeds of these sales shall be used. In the past there has been a sales tax committee. Since sales tax represents a significant portion of the borough revenues, she would place this issue in a sub-committee under the Finance committee, its membership to be selected by that committee. bfembers of the Finance co~ittee ,ill consist of J. lr. Carl tlitl~ as chairman, ~r. ~lcCtoud, ~.Ir. Cooper, bits. Douglas, ~lr. Corr and ~Ir. Cra~ford. - 4 - KENAI PliNINSllI,^ BOROtI(;II ASSE~IBI,Y IH~(;HLAR MI~IiTIN(; ~IINIJ'I'ES OCTOI~ER 10~.,1978 PAGE S (g) Ports and llnrbor Committee Pres, 'Elson reported the assembly has requested by ordinance thnt the assembly president appoint asnc~nblymeml)ers to this co~mittee, ~h'. Arness wiJl chair, ~it.h ~r. Campbell and ~lr. Ambarian serving with h}m. She hoped ~]ds co~nmJtteo would work with administration in the selection of the consultant for the study being planned. (h) Local A~fairs Pres. Elson stated because of the issues the assembly is faced ~ith, such as reapportionment, selection of borough lands, revenue sharing to cities, no~ service districts, no~ services requested by the citizens such as water studies, road construction and nmtntenance, fire, police protection and recreation sites, this committee is being appointed, t~'hen these issues come before the assembly they will be oxa,ained by thi~ committe~ which ~ill be able to advise the assembly as a whole as to the borough's r~lationship to those issues ~ith other local gevern- mont entities and the state. She requested that proper legisla- tion be established on the procedures for the election and appointment of future borough service area boards of directors. Chairing ~ill b~ ~lr. Campbell ~ith ~lr. Cooper, ~ir. Arness, Nr. Ambarian and ~lrs. Dimmick. She requested these committees keep the clerk informed of meetings to bo held and th~ President and Vice President bo made aware of ti~ and places of various meetings.. She encouraged the co~ittoos, if they don't wish to take minutes, to use the clerk's recorder and tape the meetings. Committee reports are to be brief and concise'. J. ~IAYOR~S REPORT (a) ~temo 79-22 Budget transfer Th~ ~iayor reported tho memo speaks for itself and .transfers $1,820 from Acct. 20.43110.0100 salaries, to line item 8300 for offic~ furnitur~ and ~quipment for the 8ikiski Fire l)ept. The money is available from salaries account as the board has el~ctod not to fill on~ authorized fireman's position this year. (b) State of tho ~orough Tho ~layor szatod at this ti~o ho is formally prosontina to Oho assembly tho annual report on tho state of oho borough, lie requested tho assembly read it at leisure and perhaps it will spur co~onts, legislation, questions or other reactions. SCIIOOL CONSTRUCTION gEP~RT (a) Furniture and ~quip~on~ List, approved 9-18-78 for Anchor Point, Sowar~ High, He,or lligh; Tus~umona, Seward ltigh and lio~or lligh approved 10-2-78 ASSE~I~LY~.IE~i~ER FISEHE~ ~IOVE9 TO API'~OVE TIlE E~UIP~IENT LISTS Tile ABOVE N~IED 'SCHOOLS AND Till-'. VOTE I~AS UNANI~IOU5. Upon request tho ~layor said ho ~ould chock ~n zho cos~ of garbage 9~ns for Seward High School.. - S- ali The of Assemblymembcr Fischer at the mcctlngs of September 5 and 19. ~h'. ,~lcCloud and ,~lr. Fischer expressed appreciation for the comprehensive report and .~lr. Fischer requested a monthly report. The ,~layor stated tb[s could be'provided ou a monthly basis at the same time the Finance Report is' received, the next report cm~ing out November 14. L. OTHER BUSINESS Res. 78-95 "A Resolution Nominating Certain Lands I:'ithin "the City of Soldotna for Co,tveyanco from the State of Alaska" (amended} For the record it is noted this resolution was adopted by the assembly September 5 after which fttrther checking with the State Division of Lands determined the legal description is incorrect. This resolution is now amended to indicate the correct legal description. ASSEMBLYHEiqBER CORR ~lOVlil) TO ADOPT RES. 78-95 AblENDED. VOTE WAS UNAN I?,IOUS. (b) Res. 78-107 "Cigarette Tax Resolution" ASSEHBLY~.IEMBER COOPER ~{OYED FOR ADOPTION OF RES. 78-107. VOTE IYAS UNANIMOUS AND RESOLUTION ADOPTED; (c) Res. 78-108 "Creating a Position o£ Clerk/Dispatcher for the Ni~iski Fire Department, Approving the Job. Description and Pay Range, and Reducing the Number of Firefighters" ASSE,~IBLYME,HBER ~{cCLOU1) ~{OVEI} FOR ADOPTION OF RES. 78-108 AND IT lgAS AUOPTEO BY A UNANIMOUS ¥OTE. (d) Res. 78-109 "A Resolution Authorizing the Sale of Sfirplus P~-Tsonal Property Owned by the Kenai Peninsula Borough" and biemo from Mr. Barton ASSEHBLYME~IBER COOPER AIOVED FOR ADOPTION OF RES. 78-109 AND IT $~'AS ADOPTED BY A UNM~ibIOUS VOTE. Ce) Res. 78-110 "Awarding the Construction Contract for tile Projedt North Peninsula Recreation Service Area Park; Clearing, Grubbing and Rough Grading" This resolution awards contract to Dyole's Excavating and Construction Coapany for construction costs of $9,500 and trans- fers this amount from the North Peninsula Recreation Service Area Site Development Acct. No. 21.44110.8900 to their Athletic Field Fund Acct. 05.12540.4600. ASSE)IBLYME~.IBER ANBARIAN IqOVED FOR ADOPTION OF RES. 78-ii0 AND RESOLUTION IVAS ADOPTED BY A UNANIMOUS VOTE. (f) Res. 78-111 "A Resolution Consenting to the Location of a Seafood Processing Facility ~ith Related Pollution Control Facilities and Dock. Facilities to Be Financed by the Alaska Industrial Development Authority and to Be'Located ~ithin the Kenai Peninsula Borough" and Memo from Atty. ~ohlforth (Kenat area) - 6 - KENAI PENINSULA BOROBGII ASSEMBLY REGdLAR MEETING ~IINU'I'IiS OCTOBER 10~ 1978 PA(iii 7 ASSEblBLYblI!MI',IiR DAVIS blOVlil) FOR ADOPT I ON OF RESOLUTI ON 78- 111. Following discussion the resolution was adopted by a unanimous vote. [g) Res. 78-113 "A Resolution Consenting to tho Location of a Seafood Process.lng Facility I~ith Related Pollution Control l:acilities and Dock Facilities to Be Financed by the Alaska Industrial Development Authority and to Be Located I~ithin the Keuai Peninsula Borough" (Homer area) ASSEMBLYME.~IBER DAVIS MOVED FOR ADOPTION OF lIES. 78-113 AND RESOLUTION I','AS ADOPTED BY A UNANI~iOIIS VOTE. (h) l~aiver of Penalty and Interest 1. .Dresser Industries; ~Iemo from Finance Director Barton ASSEMBLLXlE;,IBER FISCIIER ~IOVED TO APPROVE I~'AIVER OF PENALTY AND INTEREST FOR DRESSER INDUSTRIES AND TIlE MOTION FAILED BY A VOTE OF 25.5 "Yes" to 93 "No'; Corr~ Fischer and McCloud voting in the affirmative. 2. Phillips Petroleum Co.; ~lemo from Finance · Director Barton ASSEbl~I, YMEMBER COOPER HOVED TO GRANT $~AIVER OF PENALTY AND INTEREST TO PIIILLIPS PI'~TROLEUH AND TtIE MOTION FAILED BY A VOTE OF 2S.5 "Yes" to 93 "No" AS SItOI~'N ABOVE. (i) Tax Adjustment Requests ASSE~fBLYMEMBER COOPER ,~IOVED TO APPROVE TIlE TAX ADJUSTMENT REQUESTS PRESENTED BY TIIE ASSESSING DEPT. AS Fei, LOllS: 1978 1978 1977 1977 1976 1976 1975 1974 1973 1972 'THE T.A.R.~s ~ERE Additions Deletions Additions Deletions Additions Deletions Deletions Deletions Deletions Deletions 249~'280 357,405 213,050 230,1S0 51,400 79,100 1,400 4O0 400 '400 UNANIMOUSLY APPROVED. (j) Res. 78-114 "A Resolution Setting Forth Finding A~ to population of the Kenai Peninsula Borough" ASSEMBLYMEMBER COOPER I~IOVED FOR ADOPTION OF RES. 78-114. The ~ayor stated administration is bringing this resolution before the assembly, identical to the resolution adopted last year to recertify the population of the borough at 24,611. This figure was arrived at from the data gathered in 1976 by the Anchorage Brban Observatory Rep6rt. State regulations governing revenue sharing (Chap. 19,.Alaska Administrative Code) states that if cities or boroughs do not certify their population.and have it postmarked by Novembbr 1~ the other com- munities ~ho ha~e complied ~ill receive their funds in the manner - 7 - :r -. '1'1" '! KI!NA I Pli~ [ NSIII.A BOItOUGII A,~,qI~HBI,Y Rlii;ULAR ~fiiliT lNG ~11 OC'i'OBI~{I 10, 1978 I'A(;{:, 8 the formula c;~lls l'or. The delinquent commun.ities will share the balance. }.lr. Palmer ~lc(',~rter has. urged the borough g~t some roso.lutiou adopted because there is not enough money in 4 hosp.ttals, 2 fire districts and a recreation district depend- ing on thc revenue sharing which is.a substantial amount of their revenue. This resolution does not certify any city popu- lation, nor does it speak to thc census. $425,000 is being jeopardized by not adopting some population figure ~CCCl)t~d)le to Community and Regional Affairs, ASSI~MBI, Y~IEMBER FISCIIER ~IOVED TO A~IEND TIlE RESOI,UTION TO Ilql)ICAT~ TIlE PREI, ISilSARY CENSUS FIGURE OF 25,281. A short recess was called in order for the clerk to get Rcs. 78-105 tvhich was tabled September 19. UPON RECONVENiNG, ASSESIBLY~.iE~iBER FISCiIER ~IOVED TO TABI,E RES. 78-114. TtlI~ 5iOTION }VAS APPROVED BY A VOTE OF 107 "Yes" to 11.5 "No"; Cra~vford and McCloud voting negatively. ASSE~IBLY~!ESIBER FISCIIER )lOVED TO REMOVE RES. 78~105 FROM TIlE TABI,E A>H) iT IV.kS RE)IOVED BY A VOTE OF 71.33 "Yes" to 27.17 "No"; Ambarian, Long and 51cCloud voting negatively. )Ir. :.IcCloud asked i~ this preliminary census figure is accepted, doesn't it require u breakdown to show how the figure was arrived at. lie believed it should indicate population for cities, outside city areas and service areas. 51ayor Gilman explained t~e resolution is the only information the borough has to send in to certify borough population. The c~ties must arrive at their own figures. Four cities have' already certified their population; however, Seward has not. Two cities adopted thc. census figures and two did not. It is not up to the borough to determine what population figures are used by Co~nunity and Regional Affairs for a city. QUESTION 1VAS CALLED A~;D TilE RESOLUTION ADOPTED BY A VOTE OF 100.33 "Yes" to 18.17 "~o"; voting negatively ~qere Ambarian and )icCloud. ~YOR AND ASSE)IBLY: COb~iENTS AND DISCUSSIO~ (a) )layer Gilman; audit and management letter presented Suggested Price IVaterhouso be invited to make a fore, al presenta- tion at the next .meeting. The ~{ayor co~neated he. is looking for~vard to working with the assembly for the next three years and hopes they ~,'ill bc as stimulating as the last three years; that no one gets complacent. (b) Mr. Crmv~ord requested more timely Planning minutes. {c) '~lr. Fischer; school furniture Recalled the .Soldotna Elementary furniture and equipment was based on a 10 classroom school, then the assembly added the additional 10 rooms and inquired ~huther this means a shortage of equpment, etc. The Mayor believed the same percentage was built in when the additional classrooms were added but promised to check into it. - 8- L KENAI PL"NINSIII,A BOROUGII ASSL'.NIJI,¥ I(I~(;III,AR MIiE'rING lqlNU'rliS OC'I'OlU~I{ 10.~, 1978 I'AGIi 9 (d) bir. Amharian thanked the a'ssembly for the warm welcome and is looking forward to tho coming year. (~) blt. McCloud expressed appreciation for Seward lligh School and reported the dedication a success. (f) Mr. Long appreciated ~he construction report. lle requested 'the clerk send copies of the clean air ordinance and committee repor*s to the new assemblymembers following this meeting in order for them to bare time to study the information prior to the hearing October ~1. (g) Nr. tIille announced a Finance committee meeting for October 51 at S p.m. (h) Pres. Elson noted excused absences for Campbell and Doug 1 a s She suggested Jn the future if assemblymembers have amendments to ordinances or resolutions to propose that they have them typed or wrltten out and presented at the meeting so each member can see the amendments. Pres. Elson referred to the AML annual meeting ;~ovember 8 through 11 and asked who would attend. Approximately 10 members stated they would attend. She requested these people leave their names with the clerk so the registration can be taken care of and possibly the hotel reservations. N. PUBLIC PRESENTATIONS (none) O. INFO~IATIONAL ~.~TEP, IALS AND REPORTS Pres. Elson called attention to the minutes in the packet, the DIL Policy Statement and the Letter on reapportionment of the assembly. P. NEXT bIEETING: Mayor Gilman reported receipt of an'appeal from the decision of the Planning Commission on the llomer Landfill site and requested the assembly set a date for hearing, ttearing ~vas set for November 6 in the team teaching room at llomer ltigh School at 7:50 p.m. Next regular meeting is October 51, 1978 at 7:50 p.m. Soldotna. lleeting adiourned at 9:50 p.m. Date approved October 31, 1978 ATTEST: idens - 9 - E :, E'- Il ."~?" ~-~---~.~ ' ", .~:~ '~ X ~. O. BOX 580 - K~NAi, ALASKA - PlIO~E 283-7535 ~'" ....... ' ~:~' ~ ' ,o, ,.~ -E~-.=:.' '~.-- ~= ~o~ ~,=~ ~ ~o~ ~--., ~-,..~, .DATE 11/1/7~ REFERENCE CC Finance Department City Council City Attorney Based on the information received by' the City Attorney and yourself, there ts no doubt that the jail contract has been approved by the State in a form acceptable to the City. Therefore, you may proceed with hiring necessary personnel for the jail and with purchases necessary for the operation and renovation of the facility. November 8~ 1978 MEMORANDUM TO COUNCIL OF THE CITY OF KENAI FROM MAYOR VINCENT O'REILLY C I. met with Gordon Cain and Charles Honig on Tuesday,-October 31, 1978 ~n Houston. We reviewed the site selection situation using a matrix evaluation system: CRITERIA LAND TRANSPORTATION RAW RESOURCES KENAI VALDEZ · NO PROBLEM CAN BE DONE AT LOWER THAN ORIGINAL 2 DOCKS NECESSARY & $25 to $35,000,000SHIPPIN~ 2 RIGHT OF WAYS NEEDeD COST/ANCHORAGE TRANSPOR- TATION OF REFINERY PRODUC~ NATURAL GAS PURCHASES AT LOWER COST WOULD OFFSET TRANSPORTATION COST OF CRUDE SHIPMENTS '4'' MUNICIPAL ASSISTANCE METHODS NOT TOTALLY HAS EXERCISED POWERS~ IN EXISTENCE YET SINCE NEVER EXERCISED BEFORE POLITICAL NATIVE ENVIRONMENTAL NO SIGNIFICANT DIFFERENCE AIR POLLUTION NOT · . .SUCH A SERIOUS MATTER IN VALDEZ POWER ALYESKA HAS 4-5 YR SUPPLY WATER NEITHER CASE PRESENTS A CLEARCUT PICTURE I IIII TO COUNCIL OF THE CITY OF KENAI November 8, 1978 - page 2 ALPETCO will select one sit~ not leave it to State. Decision by 12/18 then the public hearing process will develop. Evaluation process to date indicates very little d£ff~rence between the =ites. There was no discussion on annexation other than City policy is as stated in Resolution and ALPETCO decision concerning nonannexation will be respected. Honig and Cain, upon 1earing of visit to Chevron in San Francisco, asked if ALPETCO consideration for usage of Nikiski dock was being processed and known by headquarter's management. Suggested matter to be handled with delioacy~ but pointed out if dock could be used under favorable terms, would be a plus for the Kenai side. In San Francisco, discussed dock request with R S Proctor, V~ce President for Manufacturing of Chevron, Inc. We both then met with R R Bowles, General Manager of Planning and Analysis who had the proposal in front of him. Bowles sought and was given clarification as to what ALPETCO was seeking. He appeared to be more at ease in responding to request. Report conversation to Cain and told him Bowles was awaiting Cain's call. 11/8/78 ADDENDUM Upon return~ newspaper article indicated Nikiski dock may be the common carrie£. Contacted Honig and suggested he have George Easely check this out; the Chevron permit may not be needed. PW November 8, 1978 MEMORANDUM TO CITY COUNCIL FROM MAYOR VINCENT O'REILLY SEATTLE EDA OFFICE On November 6f 1978 I paid a courtesy visit to the new director of Region X. I complimented EDA for their programs and service to the City of Kenai. I also visited Jim Wright in Planning, pointing out the need for funding of a financial consultant regarding ALPETCO. He will act on the proposal after site selection. Suggest contact Clyde Courtney. PW LEASE OF OFFICE THIS LEASE entered into this day of , 1978, by and between KENAI STEEL BUILDINGS, INC., Kenai, Alaska hereinafter called LESSOR, and the CITY OF KENAI, a Home Rule Municipality, hereinafter called TENANT, as follows: 1. PROPERTY DESCRIPTION: Tile LESSOR is the owner of a building situated on Lot $, Alyeska Subdivision, Kenai Recording District, Alaska. 2. DEMISE: The LESSOR has agreed tolet and hereby does let, and the TF, NANT has agreed to take and hereby does take, for a term ofeight (8) months commencing on the .... day of , 1978, and ending on the 30th day of June, 1979. (The rent for the first month to be prorated as to starting date of this lease), subject to renewal option set forth herein, 375 square feet of commercial office space described as being situated in paragraph 1 of this lease. $. USE OF THE PREMISES; The TENANT agrees, upon becoming ent,tled to possession of the demised premises, as herein provided, to operate the same for the office of the Department of Revenue. 4. ALTERATION: It is understood and agreed that if the TENANT desires during the term of this lease to alter the demised premises, that w~'ttten permission will first be secured from the LESSOR. 5. MAINTENANCE OF PREMISES BY TENANT: TENANT covenants and agrees that all operation of the premises will be conducted in a reasonable _,a~___,me~' and premises shall be maintained with that condition in mind. 6. RENTAL PAYMENTS: The said TENANT covenants and agrees to pay LESSOR, or its assignee or successor, as rent for the said premises, rent computed as follows: a. For the term of this Lease through June 30, 1979 at a rate of $221.25 per month ($0.59) per square foot. b. After June 30, 1979, rental payments shall increase in direct proportion to the increase in price level reflecting inflation (in the Anchorage Metropolitan Area Consumer Price Index) as announced by the U.S. Department of Labor, Bureau of Labor Statistics, said ]hex-eased percentage shall be computed as of July 1st of each successive year of the initial term of this lease. e. The rent as computed here is payable monthly in advance. d. The rental rate and other payments shall be subject to all Borough and City sales tax on the gross amount. 7. UTILITIES CHARGES: The LESSOR covenants and agrees to pay for all year, electricity, or water consumed on the premises during the term of this lease, for premises leased and TENANT shall furnish and pay for all telephone and janitorial service. 8. SUBORDINATION OF LEASE: TENANT covenants and agrees to execute any instrument or instruments permitting a mortgage or a ~ust deed to be placed on the premises first herein above described, or any part thereof, of which the demised premises are a part, as security for any indebtedness of the then value of the premises covered by the said trust deed of mortgage and subordinating this lease to said trust deed or mortgage. 9. DESTRUCTION BY FIRE: If said premises are totally destroyed by fire or by the elements, the rent shall be paid only until the time of such destruction, if such destruction is not the result of the negligence of the TENANT. 10. REPAIRS: The TENANT covenants to keep in repair the interior of said premises including all equipment, a list of which, if attached hereto, shall be designated Exhibit "A." The LESSOR covenants to keep in repair the exterior parts of the building, including the roof, walls and foundation. 11. LESSOR'S RIGHT TO EXAMINE PREMISES: The TENANT agrees to allow the LESSOR and its agents free access to the demised premises d~wtng reasonable hours for the purpose of examining the same to ascertain ff the same are in good repair, to make reasonable repairs or alterations which the LESSOR is obligated to make, and to exhibit the same to prospective purehasers and to prospective tenants provided that the use of the demised premises by the TENANT is not unreasonably interferred with. 12. WARRANTY TO TENANT: LESSOR hereby covenants that LESSOR has full authority to execute this lease, that LESSOR is the owner of the premises, and further agrees that the TENANT upon paying rent, and performing the covenants of this lease, shall and may quietly have, hold and enjoy the demised premises du~ing the term hereof. 13. TRADE FIXTURES: TENANT acknowledges that the premises leased from LESSOR are to be completely equipped by TENANT, exeept for carpets, drapes and partitions, therefore any trade fixtures, furniture -2- and equipment attached to the premises shall remain the property of the TENANT on termination of this lease term, except for permanently affixed property including and not limited to plumbing, wiring and other integral parts of the building. 14. ASSIGNING AND SUBLETTING: The TENANT shall not have the right to assign, lease, or sublet or rent out any portion of the demised premises in whole or in part, without first obtaining, ,t,h,e written consent of the LESSOR. 15. DEFAULT, BANKRUPTCY, ETC.: If the TENANT shall make ~my assignment for the benefit of creditors or shall be adjudged a bankrupt or if a receiver is appointed for the TENANT or TENANT's assets or TENANT's interest under this lease, and if the appointment of such a receiver is not vacated within Five (5) days, or if a voluntary petition is filed under Section ??B of the Bankruptcy Act against the TENANT, and if said petition is approved by the Court in which filed, then and in any sueh event, the LESSOR may, upon giving the TENANT ten (10) days notice of such election either terminate this lease as in a case of the violation by the TENANT. or any of the other terms, covenants, or conditions of this lease, as hereinafter provided. 16. INSURANCE: The TENANT agrees to carry the following types of insurance: (a) Public Liability Insurance and property damage in the combined amount of $§00,000. Co) TENANT agrees to carry Workmen's Compensation Insurance, and to furnish the certificate of said insurance to the LESSOR. 17. RESTRICTION OF USE: The demised premises are to be used only for the uses sst forth herein. Any other use of these premises may be deemed by the LESSOR to be a violation of the covenants of this lease. 18. COMPLIANCE WITH LAW: The TENANT covenants and agrees to comply with all laws, ordinances, rules and regulations of any governmental authority, provided, however, that the TENANT shall be under no obligation to make structural changes in the building. 19. ALTERATIONS BY TENANT: The TENANT shall have the right to make any alterations and changes to such parts of the premises occupied by TENANT, and which are not of a structural nature, as TENANT finds necessary for TENANT's purpose at TENANT's own expense, provided -3- that written permission for such alterations is first obtained, and further provided that such alterations will not injure the premises and are made in a first-class workmanlike manner and will comply with laws, rules and regulations of any governmental authority, and of fire insurance under- writers, 20. VIOLATIONS OF LEASE: In the event TENANT violates any part of the terms, covenants or conditions of this lease, on TENANT's part to be performed and such violation continues for fifteen (15) days after written notice to TENANT in the case of non-payment of rent, or in twenty (20) days in the case of any other violation, after written notice to the TENANT, then the TENANT's right of possession of the demised premises shall terminate if the LESSOR so elects, but not otherwise. Upon LESSOR giving the TENANT ten (10) days notice of such election, further retention of possession thereafter by TENANT, shall constitute a forcible detainer of said premises. In the event of the termination of the TENANT's right of possession as aforesaid, other than if this lease is terminated, the TENANT agrees to immediately surrender possession of the demised premises at the expiration of said notice of LESSOR's election to terminate the TENANT's right to possession without any notice to quit or demand for possession of the demised premises whatsoever, and hereby grants LESSOR full and free entrance to, into and upon said premises or any part thereof to take possession thereof without process of law and to expel or remove TENANT or any other person occupying said premises or any part thereof, and the LESSOR may repossess itself of said premises as of .LESSOR's former state, but said entry of said premises shall not constitute s trespass or forcible entry or detainer, nor shall it cause a forfeiture of rents due by virtue hereof nor a waiver of any covenant, agreement or promise in this lease contained to be performed by TENANT. If TENANT's right to possession of said premises shall be terminated as aforesaid, and said premises or any part thereof may be relet by LESSOR for the account and benefit of TENANT for such rent, and upon such terms and to such person or persons and for such periods as may seem fit to LESSOR, but L~SSOR shall not be required to accept nor receive any tenant offered by TENANT, or do any act whatsoever nor exercise any diligence whatsoever in or about the procuring of any occupant or tenant to mitigate the damage of TENANT, or otherwise TENANT hereby waives the use of any care of diligence by LESSOR in the relettings; and if a sufficient sum shall not be received from such reletting to satisfy the rent reserved in this lease, after paying the expenses of reletting and collection, including commissions to agents, TENANT agrees to pay and satisfy all such deficiencies; but the acceptance of a tenant by LESSOR, in place of TENANT shall not operate as a cancellation of this lease, nor release TENANT 'for the performance of any covenant, promise or agreement contained herein, and the performance of any substitute tenant in payment of rent, or otherwise, shall constitute only satisfaction pro tanto of the obligations of TENANT. arising hereunder. -4- ~NOTiCES: All notices required under this lease shall p. revtou_sly furnished by the parties hereto. Until hereafter changed by the parties by notice in writing, notices shall be sent to the LES.qOR at Box 340, Kenai, Alaska 99611 and to the TENANT at City of Kenai, Box 580, Kenai, Alaska. Date of service of such notice shall be the date that it is received. 23. RENEWAL OF LEASE: LESSOR agrees to give the TENANT an option to renew the lease on the premises for an additional term of one year for a rate to be negotiated for the new term and upon conditions and terms as determined as of the time of releasing of the premises upon giving the LESSOR written notice of at least ninety (90) days prior to the expiration date of aforedescribed lease. 24. SURRENDER OF PREMISES: The TENANT agrees to surrender the premises at the end of the term, or at any time as herein provided, in good condition and repair and by the execution of this lease acknowledges that the premises have been thoroughly inspected by the TENANT and a~e in good condition. 25. FOREBEARANCE: The faildre of LESSOR to insist, in any one or more instances, on strict performance of any of the covenants of this lease, or to exercise any option herein contained, shall not be construed as a waiver or relinquishment for the future, of such covenant of option, but the same shall continue and remain in full force and effect. The receipt by the L~SSOR of rent, with the knowledge of the breach of any covenant thereof, shall not be deemed a waiver of such breach and no waiver by the LESSOR of any provision hereof shall be deemed to have been made urlless expressed in writing and signed by the LESSOR..Even though the LESSOR shall consent to an assignment of this lease or to a sublease of the whole or any part of the demised premises, no further assignment and no further sublease sb_~!! be made without the expressed consent in writing by the LESSOR. LESSOR - KENAI STEEL BUILDINGS , INC. By: TENANT - CITY OF KENAI By: -5- STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) IIII i THIS IS TO CERTIFY T]IAT on the ~ day of , 197_, , personally appeared before the undersigned Notary Public, and he is known to me to be the same person described in and executing the foregoing instrument, and he acknowledged that he signed the same freely and voluntarily for the uses and purposes therein stated. Notary Public in and for Alaska My Commission Expires: STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 197~, before the undersigned personally appeared of Kenai Steel Buildings, Inc., and acknowledged that the seal was affixed and that said instrument was signed and sealed on behalf of said corporation. Notary Public in and for Alaska My Commission Expires: -6- INTRODUCED BY COUNCILMAN AMBARIAN CITY OF KENAI ORDINANCE NO. 449-'78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEBIAI, ALASKA AMENDING THE CODE OF THE CITY OF KENAI, 1965 AS AMENDED TO INCREASE TIlE NUMBER OF MONTHLY REGULAR COUNCIL MEETINGS AND TO CHANGE THEIR STARTING TIMES TO '7:00 P.M. AND TO INSURE THAT THE FINAL PASSAGE OF A NOBI-EMERGENCY ORDINANCE FROM ITS INTRODUCTION REMAINS TWO WEEKS. WHEREAS, the regular meetings of the City Council which are now held twice monthly do not afford sufficient tirrre to the City Council to give direction to conduct the City's business and to be more responsive to the needs of citizens coming before it, and WHEREAS, it would be in the best interests of the public that regular Council meetings be held weekly on Wednesdays starting at 7:00 P.M., and WHEREAS, the present practice of Council, providing two weeks time before the final passage of a non-emergency ordinance from its introduction should not be altered so that the public may have sufficient time to review proposed ordinances. I~OW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: .Section 1: Section 1-5 of the Code of 1963 as amended by Ordinance 87, is hereby amended as follows: Time of rej~ular meetin~ of the council Section 1-5. The regular meeting of the Council of the City of Kenai, Alaska is declared to be at `7:00 p .m. on every Wednesday of the month unless ch'cumstancas warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. Section 2: Section 1-14(a) of the Code of 1963 as amended is amended to read as follows: ,0 O~,dinance 449-78, Page 2 Ordinances--Procedure in pa,ssing, .etc., Section 1-14. (a) Every ordinance shall be tntro~ u~ed in writing and shall be orally read before any vote for passage thereof is taken. After passage on first reading, the ordinance shall be published by posting a copy thereof on the Official City Bulletin Board, together with a notice of time and place when and where it will be given a public hearing and be considered for final passage. The first such publication shall be at least eight days prior to the time advertised for public hearing. PASSED BY THE COUNCIL OF THE CITY OF I~NAI, ALASKA this 29th day of November, 1978. II Attest: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk First Reading: November 15, 1978 Second Reading: Effective Date: CITY OF KENAI ORDINANCE NO. 450-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION OF CHARTER AMENDMENTS CONCERNING AID TO INDUSTRY TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD TUESDAY, FEBRUARY 13, 1979. WHEREAS, the City of Kenat's best interests are served by aiding industry to locate in or adjacent to the City, and WHEREAS, such industry may be more receptive to locating in the Kenai area ff appropriate aid to industry as authorized by State and Federal law is proffered, and WHEREAS, such aid to industry as contemplated by the City is not to be an obligation of the financial resources of the City, and WI/I/REAS, ALPETCO and the industry is considering the siting of indugtrial facilities in or near the City of Kenai, and WHEREAS, to be responsible to ALPETCO's needs, an early determination of the Cityfs ability to support them is needed, NOW, THEREFORE, BE IT ORDAINED BY THE Council of the City of Kenai, Alaska, as follows: Section 1: That the Council hereby calls a special election which shall be held Tuesday, February 15, 1979, for the sole purpose of the submission of the proposition set out in Section 2 hereunder. Section 2: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the special election called herein above in substantially the same form as is set out hereinafter: PROPOSITION Shall a new Section 6-5 entitled "Industrial Development Bonds" be added to the Charter of the City of Kenai to read as follows: Ord. 450-78, Page 3 And shall Sea. 1-6 of the Charter of the City of Kenai be rescinded which reads as follows: Applicability of state law Section 1-6. Provisions of state law relating to matters which may be regulated by home-rule cities, shall be in effect in this city only tnsofai' as they are applicable and are not superseded by this charter or by ordinance. I.~i- PASSED BY THE COII~ICIL OF THE CITY OF KENAI, ALASKA this~' day of · ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR First Reading: November 15, ~ Second Reading: Effective Date: I~8_ CITY OF KENAI ORDINANCE #451-78 '11 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING SPECIAL REVENUE FUND BY $20,000. WHEREAS, the City of Kenai is in need of improvements to its animal shelter, and WHEREAS, based upon information from the U. S..Department of the Treasury, adequate funds will be available in the form of Federal Revenue Sharing for these improvements, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KBNAI, ALASKA that the following increases in estimated revenues and appropriations be made: Federal Revenue Sharing Fund $20,000 Increase Estimated Revenues: Federal Revenue Sharing $20,000 Increase Appropriations: Transfer to General Fund General Fund $20,000 Increase Estimated Revenue: Transfer from Federal Revenue Sharing Fund $ 20,000 Increase Appropriation: Animal Control-Building PASSED BY THE COUNCIL OF KENAI, ALASKA this 29 day of November, 1978. ATTEST: Sue C. Peter, City Clerk Approved by Finance: f,f..L,:_ VINCENT O'REILLY, MAYOR First Reading: November 15, 1978 Second Reading: November 29, 1978 Effective Date: November 29, 1978 '0 CITY OF KENAI ORDINANCE #452-78 AN ORDINANCF. OF TIIE COUNCIL OF TIlE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN TItlE FEDE1L~L REVENUE SHARING SPECIAL REVENUE FUND BY $50,000. WHEREAS, the City of Kenai is in need of a building with a grease rack and hoist available to the City Shop in order to properly service City equipment, ~nd ~-IEREAS, based upon information from the U .S. Department of the Treasury, adequate funds will be available in the form of Federal Revenue Sharing for these improvements, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations be made: Federal Revenue Sharing Fund Incresse Estimated Revenues: Federal Revenue Sharing $50,000 Increase Appropriations: Tr~nsfar to General Fund $50,000 General Fund Increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund $50,000 Increase Appropriations: City Shop-Buildings $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 29th day of November, 1978. ATTEST: Sue C. Peter, City Clerk Approved by Finance: VINCENT O'REILLY, MAYOR First Reading: November 15, 1978 Second Reading: November29 , 1978 Effective Date: November 29, 1978 CONTACT FOR ENGINEERI,~I?~N Till-'. CITY OF KE~AI AN~xTI~/t~'~ ~K;AS, th, City of'~ lenai received ~roposa~'~ ~o~ ,ngine~rin~k~ these project['~re funded wi~h CEIP funds, and '. ,the following engineering projects are authorized by il of the City of Kenai Engineering of Water and Sewer from ~enai Spur Road .. ~ong the Bridge Access Road to Beaver Loop. . -The Waterline Loop from the Bridge Access Road along /~..'~ Beaver Loop back to the Kenai Spur Highway. further extension of the Waterline in Thompson Park~' from Dogwood along the Kenai Spur Highway to Lupine Drive. Waterline Loop tie-ins ~Spru~e and both ends of the r' Kenai Beach Road .... .~/ ' / ' c ) the fol!o~ing prO~eqts, engineering firms, and n~t-to-.excee~ figures shou/.d) b~e accepted in the best interest of k%nai,x~- __ ~ . ~~ ) /I,~ 1~/~~ ~~roject a ~ ~n~inee~~-~.'~' Not-to-E~6e~U/~ ,~ 14. ? . " : that these"pro~ ects be designed by the above mentioned firms at their listed not-to-exceed figures. IT FURTHER RESOLVED that a notice to proceed will not be issued a contract between both parties has been approved. PASSED BY OF THE CITY OI KENAI this~ay of November . EST The £ollowing items are over ~00.00 which need Council approval or ratification 11/15/78 ~OR APPROVAL Emezy Inlet 2,458.00 Oct. Workman's Cx~p. ~t. Legislative City Attorney City Manager Finance Dept. of Revemua City Clerk Library Cam~_!c~tions Police Fire P&Z Streets Shop Animal Control Parks P~creat~n Sewer Treatment Airport Airport City Clerk City Attorney City Finance Dept. o£~ P&Z Police Fire Co.~mications Animal Control Streets P~tir _~em_ t 1.00 I1.00 18.0C 3.00 5.00 7.00 16.00 770.00 672.00 52.00 2.00 34.00 134.00 49.00 1.00 1.00 125.00 94.00 3.00 14.00 5,102.06 158.04 3~.30 292.67 627.92 106.80 57.56 2,233.51 1,993.42 538.81 ~27.25 4~8.77 474. O0 696.16 173.60 2~2.25 363.54 Reserve Bamk 0£ R:Lebmond 21,37.5.O0 BecCe: Compete I~'ock~ta 2,2,75.00 4X 4 7°8.00 Znlet: Ia'mtxmenta 7,869.66 ~mam 919.08 B & ¢ 2,061.84 6O9.50 3,221.16 Wear. ezra Tire 515.~ Reaerve Tax Sewpr Treat~r~t Council on A&ing Airport M~O Parks Recrea~i~n Central Tream~ Te~l Debt: Sezvlce Gravel Winch, l~ht bar, Repafr of lf&htfn& eu~plfes ?afnt ~,, Fflters Brake Pade " ~attery " Cap, ~o:or " Studs " Brake Pads " ~atterfes " Ofl ~an " Re~a~ers " wrench, spa:k plug eleamm, " electric dill,bench Spee~ l~m~t St:uda Anti-Rec. Streets Streets A/C CHARC~ Retirement Inte:es: Rep. & Mm~nC. Sup. Ma~h. & Equip. Ope:ac~ Su~. 307.48 92.55 15.50 83.80 1.61 1.61 1,043.41 15,000.00 6,375.O0 2,375.00 798.00 7,869.66 919.08 Ope:acLng S~. 22.68 13.32 " " " 152.11 ...... 5.72 " " " 2.67 " " " 19.02 " " " 191.38 " " " 26.31 " " " 68.88 Ma~h. & gquip. 1,5/-~.37 71~.O0 00601 00562 0O687 0056~,O0523 O0360 00553 0O590 00578 O0~8 OO44O 0~19 00363 00579 00395 O0354 Operar. t~ sup. 609.50 00606 ~. & ~nc. Sup. 3,162.36 12785,1278& Rep. & l~stnc. Sup. 58.80 O0~58 ~ep. & Ma~c. 2~9.04 ~9 ~~s~. ~.~ ~ S~a~e 1,665.81 Oct. Phone Non DeparUnental Police Fire Dept. of R~venu~ Library s~ City At~mey F~ce B~l~g ~. City ~g~ S~r ~cil ~ ~ 1,113.96 ~t. ~ ~gis~ti~ City At to~y F~ce Police F~e ~r~ Poli~ ~re S~ts S~te ~.~gh~ ~h ~ Cammnieatiom 1,115.25 ,, 67.00 ,, 21.53 ,, 33.75 ,, 8.10 ,, 133.96 " ~O. 7~ " 120.29 ,, 18.68 ,, 3.85 ,, 24.05 - 3.60 ,, 55.00 mint. & Bm,,amg 173.55 ,, 75.12 .... 90.38 ,, ,, 117.84 " " 233.59 ,, ,, 58.68 .... 190.00 " " 87.50 ,, ,, 87.50 Ucilttt. es 37.29 ,, 186.64 " 141.68 ,, 364.31 ,, 731.75 ,, 659.41 " 2,188.79 " 827.20 " 284.37 O~.e Su~plfes 87.83 Ma~h. & E~,, p. 499.99 ,, 725.00 ,, ,, 245.~5 Operad, ng S~p. 299.39 ti ~067 00436, OO58~ 00~14 OO364 00259 OO556 OO535 OO580,OO6~ FOR RATIFICATIO~ NBA Stm~ o£ Alaska C£ty of Kenai-~ Accotmc m~ok PubL~hU~ Co. 20,862.00 4,408.87 25,000.00 1,000.00 2,200.00 6,201.05 Oct. Fed. W/H Oct. State W/H %Tans~er of minds Prin~ing of Code- Nov. Rental C~neral Fund General Fund Centrai 'lxeasury Antt-P~c. -City Attorney Liability 20,862.00 Liability 4,408.87 Transfer of Funds 25,000.00 Print. & Binding 1,000.00 Anti-Rec. -Streets Rental 2,200.00 PW Admin. Medical Insurance 294.33 P&Z .... 57.11 Streets " " 505.52 Building Inspec. " " 117.38 Shop .... 349.69 Animal Control .... 114.93 W~ " " 231.61 Sewer Treatment " " 231.96 City Attorney " " 235.46 City Fmnager .... 122.98 Finance .... 318.66 Dept. of 1~ .... 114.23 City Clerk " " 43.35 Library .... 339.89 Cotwu:il on Ag~ .... 113.53 _Co~m_ m~¢n~toru~ " " 497.82 Police .... 1,332.43 Ft~e " " 1,180.17 OO692 VENDOR ~EQL~SITIONS ~ BE .APP.mD~..MD (O%~R $500) ~ESCRIPTION DEP~ Wohlfo~%h & Flint Frykholm Appraisals Re: Alpetco Updates to 1977 a~raisals City Attorney Prof. Serv. 1,280.00 Airport Land Prof. Serv. 500.00 AGENDA KENAI CITY COUNCIIo - REGULAR MEI.;'rlNG NOVEMBER I. 1978 - 7:00 P.M. KENAI PUIILIC SAFETY BUll,DING PLEDOE OF ALLEGIANCE CALL AGENDA APPROVAL liEARINGS I. Ordinance 443-780 Establishing a reserve for .qewer Treatment Plant Improvements 2. Ordinance 444-78. Increasing estimated revenues/appropriations by $28.500 Title II, Anit-Recession Revenue Sharing Funds $. Lease - Union Oil Company PERSONS PRESENT SCtlEDULED TO BE IIEARD I. John Amundsen - Thompson Park resident MINUTES 1. Minutes of the regular meeting of October 18, 1978 2. Minutes of the special meeting of October 21, 1978 CORRESPONDENCE OL~ BUSINESS NEW BUSINESS I. BElls to be paid - bills to be ratified 2. Requisitions exceeding $500 3. Ordinance 446.78, Appropriating $3,477 - purchase of road grader 4. Ordinance 446-78, Increasing estimated revenues/appropriations by $4,500 in the Capital Prelect Fund entitled "Fanilities Design" $. Ordinance 447-78, Declaring certain buildings & related equipment surplus 6. Ordinance 448~78, Increasing estimated revenues/appropriations by $182 Cap{tal Project Fund entitled "Forest Drive Waterline" ?. Resolution 78-173, Approving contract with CB2,~ Hill - l~epair of Airport runway 8. Resolution 78-I79, Transfer of funds to provide additional monies for advertising 9. Resolution 78-180, Re~inding Rcs. 78-197, relative to the release of public information 10. Resolution 78-181, Accepting grant offer from EPA for .~6.000 I!. Resolution 78-182, Transfer of funds # LPW Capital PreJe~t "Redoubt l';ay Paving" 12. Resolution 76.183. Transfer of funds - Warm Storage Facility lginte~ization 13. Resolution 76.184, Award of bid - winterization of t~'arm Storage Facility 14. Resolution 78-185. Award for Water and Sewer Engineering 15. Discussion - R. Lee Seafoods permission to utilize g~avel 16. Dis~ssion -lnsuranee for Liquor Legal Liability I?. Payment to R~I Consultants for Airport Road Project quality central testing 18. Payment to CH2M lltll - Sewer Treatment Plant Modification Contract Documents 19. Payment to Ted Feral t Associates - Kenai Waterline 20. Proposal for editorial work and printing of the Kenai Municipal Code ~1. Amendment to lease - Baldwin. Rogers. Arncss & Amens 22. Amendment to lease - At~port Terminal Facility - Kenai Air Service 23. Change Order Numbers 1, 2 and 3 - Brown Construction 24. Lease of Warm Storage Facility for Airport Equipment 25. Discussion - Tidelands lease - Kenal Native Association. Inc. ~6. Dlsaussion - Kenai Utility Service Corporation settlement 27. Dlsc~ussion - Addition to Animal Shelter and City Shop 28. Periodic Estimate #6 - Reakford Corporation REPORTS 1. Cit~ Manager ~. City Attorney $. Mayor 4. City Clerk 5. Finance Director $. Planning &' Zoning Commission ?. genai Peninsula Borough Assembly MAYOR & COUNCIL - QUI'.'STIONS AND COMMENTS PERSONS PRESENT NOT SCIlEDULED TO BE IIEARD ADJOUI1NMI~NT - ....................... ~ U II'IR I I KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 1, 1978 - ?: 00 P.M. KENAI PUBLIC S,~FETY BUILDING COUNCILMAN EDWARD AMBARIAN PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Pliohael Seaman, Phillip Abet, Edward Ambarian, Betty Glick and Ron ~,~alston. Absent: Dan Whelan and Vincent O'Reilly AGENDA APPROVAL Approved as distributed. B. I~ARINGS B-l: Ordinance 443-78, Reserve for Sewer Treatment Plant Improvements Councilman Ambarian read Ordinance 443-78 by title only. "An ordinance establishing a reserve for Sewer Treatment Plant improvements in the Water and Sewer Special Revenue Fund to be funded from the General Fund reserve for Capital Improvements and the Water and Sewer Fund Reserve for future plant expansion .' City Manager Wise reported that this ordinance was prepared to set aside a portion of the local share of anticipated costs of upgrading the Sewer Treatment Plant. MOTION: Councilwoman Glick moved, seconded by Councilman ~alston; for adoption of Ordinance 443-78, establishing a reserve for Sewer Treatment Plant improvements. Councilman Ambar/an opened the meeting to the public. There was no comment. (~UBSTION: Motion passed unanimously by roll call vote. B-l: Ordinance 444-78, Increasing estimated revenues and appropriations Councilman Ambarian read Ordinance 444-78 with the correction in the amount contained in the title of the ordinance. "An ordinance of the Council of the City of Kenai increasing estimated revenues & appropriations in the amount of $29,400 for Title II, Anti-Receasion Revenue Sharing Funds.' City l~anager Wise advised that the City will no longer be receiving anti-recession funds as they have been eliminated. November I, 1978 - Page MOTION: Councilwoman Click moved, seconded by Councilman R~nlston, for adoption of Ordinance 444-78, increasing estimnted revenues and approt)riattons by $29,400 - Tit].~. II, Anti-recession Revenue Sharing Funds. Councilman Ambarian opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote. B-3: Lease - Union Oil Company City Manager Wise advised that in lieu of a formal lease document, the City will be issuing a Special Use Permit to Union 0il Company for their proposed drilling operations. .. Mr. Larry Vavra of umon sUomitted documents to the Council depicting the plan v. nd scope of the proposed operation, a copy of the survey of the area in question and other materials relative to the proposed drilling operation. Councilman Ambarian opened the hearing to the p.ublic for comment. There was none. MOTION: Councilman Malston moved, seconded by Councilwoman OIiek, that the Council authorize Administration to proceed with preparation of the Special Use Permit allowin~ Union Oil to utilize spocifle City lands for proposed drilling operations. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-l: John Amundsen, resident of Thompson Park Mr. Amundsen came before Council to request consideration for the replacement of access to a residence that he owns. Mr. Amundsen explained that during the upgrading of the street in front of the residence, the City contractors eliminated the access. Mr. Amundsen presented photographs of the area in question and advised that the one access to the house that the contractor did replace was to a garage in the basement of the residence and guests et al would only have aocess through the basement. Mr. Amundsen stated he felt the access should be replaced and had contacted Administration and was advised by Mr. Wise that the City only allocated one access per residence and would not be able to comply with Mr. Amundsen's request. Ccunciin:.-ln: Malston stated he felt that it appeared that the City should make replacement of the driveway and install a culvert. Councilman Abet stated he felt that the installation of a culvert may not offer relief to the problem as the embankment is very high now and perhaps the City would have to provide a great deal of fill. Councilman Abet also cautioned the Council to be prepared for similar requests from citizens that have the same problem as does Mr. Amundsen. Councilman Ar, batten stated that the policy prior to the start of the various road projects was that City would orovide access to lots with existing structures on them. Councilman Ambarian also stated that due to weather conditions, the City should proceed without delay ff Mr. Amundsen's request is to be granted. November I, 1979 - Page 3 MOTION: Councilman l~alston moved, seconded by Councilman Seaman, to correct the situation of no access to the property in question owned by John Amundsen using the best possible method applicable to the problem. MOTION - AMENDMENT Councilman Abet moved, seconded by Councilwoman C,]ick, to amend the motion to include the following wording: "restore existing driveway" and. in addition, if available, such costs incurred to be funded from the road construction project itself. Motion passed unanimously by roil call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. D. MINUTES D-l: Minutes of the regular meeting of October 19, 1978 Approved as distributed D-2: Minutes of the special meeting of October 21, 1979 Approved as distributed CORRESPONDENCE None F. OLD BUSINESS None G. NEW BUSINESS G-I: Bills to be paid - bills to be ratified MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of bills to be paid and bills to be ratified as presented this date. Motion passed unanimously by roll call vote. Requisitions exceeding $500 Finance Director Charles Brown advised Council that the item for payment to Inlet Instruments for the repair of street lights is over the budgeted amount and his Department will prepare a resolution with proper transfer of funds to cover this billing which will be presented at the next meeting. November 1, 1978, Page 4 MOT ION: Councilwoman Glick moved, seconded by Councilman ~{alston, for approval of requisitions exceeding $500 as submitted this date and, in addition, direct the Finance Department to prepare thc proper funding re~o!v.!ion. Motion passed unanimously by roll call vote. G-3: Ordinance 445-78, Appropriations - $3,477 Councilman Ambarian read Ordinance 445-78 by title only. "An ordinance appropriating $3,4?7 of Federal Revenue Sharing Funds for the purchase.of a road grader." MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 445-78 appropriating $3,477 for the purchase of a road grader. Motion passed unanimously by roll call vote. G-4: Ordinance 446-78, "Facilities Design" Councilman Ambarian read Ordinance 446-78 by title only. "An ordinance of the Council increasing estimated revenues and appropriations and creating the Capital ' Project Fund entitled "Facilities Design" pro]e et by $4,500." MOTION: Counci~nan Malston moved, seconded by Councilwoman (]lick, for introduction of Ordinance 445-78, increasing estimated revenues and appropriations by $4,500 Facilities Design. Motion passed unanimously by roll call vote. Ct-S: Ordinance 447-?1~. Declaring certain buildings & materials surplus Councilman Amba~ian read Ordinance 447-78 by title only. "An ordinance declaring certain buildings and related equipment and materials surplus." MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for introduction of Ordinance 447-78, declaring certain buildings and materials surplus. Councilman Malston inquired if some of the items on the list could not be used by the City such as the eight bags of lime and was advised by the Public Works Director that he felt the equipment and ~]~Flies would not be utilized by the City crews nor could the condition of the materials be determined. Couneilwoma~t Gliek commented that during the budget work sessions it was discussed as to the possibility of moving the well bufldi, ng into the shop yard for additional storage, etc. Councilwoman Gliek sugge.~ted that consideration be given to such relocation prior to passage of the ordinance declaring the building surplus. Public Works Director Kornelis advised that he felt moving the building would be more costly and time consuming than it would be worth. ~r. Kornelis November 1, 1978, Page 5 reported that in order to utilize the butldinff, for stornffe large overhead~type doors would have to be installed for easy access..~'!r. Kornelts also commented that the valves and other items listed on the ordinance are part of the integral system of the well house and it would be ver~y difficult to remove and use the equipment. Councilman Abet also commented .that most of the instruments, valves, etc. within the building have been badly vandalized and were no further use to the City. Councilman Ambarian stated that with reference to the relocation of the building, he would oppose using City crews as contract labor. City Manager Wise suggested that members of Council look at the building to see if moving it would be justified. QUESTION: Motion for introduction passed unanimously by roll call vote. G-6: Ordinance 448-78, Increasing estimated revenues and appropriations Councilman Ambarian read Ordinance 448-78 by title only. "An ordinance increasing estimated revenues and appropriations by $182 in the Capital Project fund entitled "Forest Drive Waterline". MOTION: Councilman Malston moved, seconded by CouncilWoman Click, for introduction of Ordinance 448-78, increasing estimated revenues/appropriations by $182 "Forest Drive Waterline" project. Motion passed unanimously by roll call vote. 0-?: Resolution 78-173 Councilman Ambarian read Resolution 78-173 by title only. "A resolution approving a contract with CH2M Hill for ADAP Project 06-02-0142-04, repair of Kenai Munioil~al Airport Runway and related facilities.' Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman P. ialston, for adoption of Resolution 78-17:], approval of contraet with CH2M Hill, runway and related facilities. Motion passed unanimously by roll call vote. 0-8: Resolution 78-179 Councilman Ambarian read Resolution 78-179 by title only. "Transfer of monies within the 1975-79 General Fund Budget from contingency to City Clerk/Advertising in the amount of $2,000 to provide additional funding for advertising. Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Mnlstori, for adoption of Resolution 78-179, transferring $2,000 for the purpose of additional fundtnp;, for advertising. Motion passed unanimously by roll call vote. November 1, 1978, Page 6 G-g: Resolution 78-180 Councilman Ambartan read Resolution 78-180 by title only. "A resolution rescinding Resolution 78-157 and adopting in its place a general policy statement embodying the City's position as it relates to thc release of public infurm~tlo~, ." Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilwoman Gltek moved, seconded by Councilman Seaman, to postpone introduction of Resolution 78-180 until the next regular meeting of Council. City Attorney Schlereth advised Council that he determined the preparation of this resolution would better fit the needs of the City and would ennble the Administration to enforce the resolution without much difficulty rather than take steps for introduction of an ordinance that would be extremely restrictive. Councilwoman Gliek stated that the Borough had prepared an ordinance (78-58) relative to the release of public informations eta ~whioh was much more restrictive than the City's prior Resolution 78-157. Councilwoman Glick stated that her reasoning in postponing consideration of ~.esolution 78-180 would be to wait until the Borough has taken action on their proposed ordinance. Councilman Ambartan advised that the ordinanee was sent to committee for further review and discussion. City Attorney Schlereth advised that with passage of Resolution 78-180 the City of Kenat would be in compliance with the wishes of the Court relative to the pending case against the City of Kenai in this regard. - WITHDRAW, a L OF I/lOTION: -~' With consent of second, Councilwoman Glick withdrew her motion. MOTION: Councilwoman Gliek moved, seconded by Councilman Malston, for adoption of Resolution 78-180, rescinding Resolution 78-157 and in its place a general policy statement relative to the release of public information by the City of Kanai. Motion passed unanimously by roll call vote. G-10: Resolution 78-181 Couneflman Ambarian read Resolution 78-181 by title only. "A resolution of the Council of the City of Kenai accepting a ~rant offer from the U. S. Environmental Protection Atleney for '$6,000." Couneilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Gliek, for adoption of Resolution 78-181, aeceptin[~ a ~'rant offer from the Environmental Protection AF. ency in the amount of $6,000. Motion passed unanimously by roll call vote. November 1, 1978 - Fage 7 I I G-11: Resolution 78-182 Councilman Ambarian read Resolution 78-182 "transfer of monies within LPW Capital Project Fund entitled Redoubt l':ay Paving in the amount of $376 to provide funding for the R&M Ccn.?.ultants, Inc. invoice for project testing." Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 78-182, transferring funds in the amount of $376 for project testing. Motion passed unanimously by roll call vote. O-12: Resolution 78-153 Councilman Ambarian read Resolution 78-183, transfer of monies within the Warm Storage lVinterizatfon project in the amount of $5,027 to adequately fund the construction phase of the project. Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilman Seaman moved, seconded by Councilman Abet, for adoption of Resolution 78-183, transferring monies within the l/arm Storage winterization project in the amount of $5,027. Motion passed unanimously by roll call vote. G-IS: Resolution 78-184 Councilman Ambarian read Resolution 78-184 by title only. "A resolution of the Council of the City of Kenai awarding contract for the Winterization of the City of Kenai's l~arm Storage Building to Brown Construction Company for $28,060." Councilman Ambarian opened the meeting to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Abet, for adoption of Resolution 78-184, awarding contract for the winterization of the Warm Storage Facility to Brown Construction for $28,000. Motion passed by roll eall vote with Councilwoman Glick VotinF, no. G-14: Resolution 78-185 Councilman Ambarian read Resolution 78-185 by title only. "A resolution of the Council authorizing a contract for engineering between the City of Kenai and the below mentioned engineering firms." November 1, 1978 - Page 8 Councilman Ambarian opened the meeting to the public. There was no comment. Councilman Ambarian advised that the following engineering projects: (1) water and sewer from Kenai Spur Road along the Bridge Access Road to Beaver Loop; (2) waterline Iccp from the J~ridge Access Road along Beaver Loop back to the Kenai Spur; (3) extension of the waterline in Thompson Park from Dog~vood along the Kenai Spur to Lupine; and (4) waterline Iccp tie-ins on Spruce and both ends of the Kenai Beach Rd. had several firms submitting proposals and should be reviewed by the ad hoc committee from Council and firm "not to exceed figure" determined accordingly. MOTION: Councilman Ambarian moved, seconded by Councilman Abet, to table the matter of authorizing a contract for engineering for the above-mentioned projects until such time that the ad hoc committee from Council has reviewed the projects and made a recommendation to Council on the whole. Motion passed unanimously by roll call vote. G-15: Discussion - R. Lee Seafoods City Manager Wise advised Council that he had advised R-Lee of the pending drilling', operation in the area by Union Oil and asked that R- Lee cease any further removal of gravel from the City pit located on the property to be leased by Union Oil. Mr. Wise further commented that R- Lee had submitted a copy of a letter dated April 8, 1974 in which the City granted permission for R-Lee to utilize gravel from the pit adjacent to the cannery with certain restrictions. Mr. Wise stated that the City had no records of receiving payment from R- Lee.for gravel extracted over the past four years. Mr. Wise stated that he has asked R- Lee to submit an itemized report to the City as to the quantities of gravel extracted, etc. MOTION: Councilman Abet moved, seconded by Councilman Malston, that the permit issued April 8, 1974 to R- Lee Seafoods for extraction of gravel from the City of Kenai's pit be hereby revoked and determination of quantities extracted be made for monetary settle- ment to the City by R~ Lee. Motion passed unanimously by roll call vote. G-IS: Discussion - Insurance for Liquor Liability City Manager Wise reported that the City's insurance carrier had submitted a proposal for eovarage for the City relative to the Airport Lounge and liquor liability. ~,~r. Wise advised that the City may be held liable as the City of Kenai's name appears on the liquor license. City Attorney Sehlereth stated that Aviation Consultants, Inc. do not presently carry the insurance and the City has not provided for such coverage within the lease agreement with ACI. Councilman Malston suggested that consideration be given to writing the insurance requirement into the lease in the future. November I, 1978 - Page 9 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, that the City of Kenai purchase liquor' legal liability insurance for coverage as concerns the lounge operation in ihe Airport Ter,~hml Building for $4,001. Motion passed unanimously by roll call vote. G-l?: Payment to R&M Consultants MOTION: Councilman Malston moved, seconded by Councilwoman C, liek, for approval of payment of $?20.70 to R~I Consultants, Inc. for construction quality control testing service for the Airport Road project and the Redoubt Way project. Motion passed unanimously by roll call vote. O-18: Payment to CH2M Hill MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment in the amount of $191. $2 for CH2M Hill to Sewer Treatment Plant modification oontract documents. Motion passed unanimously by roll call vote. Payment to Ted Forsl & Associates MOTION: Councilman Malston moved, seconded by Councilwoman Olick, for approval of payment in the amount of $2,?64.88 to Ted Forsi & Associates for Kenai waterline project engineering work. Motion passed unanimously by roll call vote. 0-20: Proposal for editorial work on Code City Attorney Schlersth advised that he had received a proposal for editorial work and printing of thirty copies of the Kenai Municipal Code by Book Publishing Company. Mr. Schlersth stated that approximate cost would be $6,000 and would include the assistance of a large legal research group. MOTION: Couneilwoman Gliek moved, seconded by Councilman Seaman for approval of contract with Book Publishing Company for editorial work and printing of thirty copies of the Kenai Municipal Code for a cost not to exceed $6,000 and, in addition, the Council hereby authorizes submission of a down payment in the amount of $I ,000 to be sent to Book Publishing Company immediately. Motion passed unanimously by roll call vote. November 1, 1978 - Page 10 G-21: Amendment to Lease City Attorney Schlereth advised that this amendment to the lease of Rogers, Baldwin, Arness & Arncs~, would b~'ing thei,' lo_,se ~nt~ comg. ltnnce with .~rdinanec ~00-,"~, policy on lense of City owned lands. Mr. Schlereth further commented that as there will be many lease amendments similar to the one before Council, he would recommend that the Council authorize the City Manager to approve such amendments without each one being presented to Council. MOTION: Councilman Malston moved, seconded by Councilwoman Olick, for approval of amendment to lease of Airport lands or facilities, Rogers, Baldwin, Arness & Arness. relative to lots 5 and 6, Block 3, Cook Inlet Industrial Air Park snd further that the City .Mpnager be authorized to approve all future lease amendments which would bring the lease into compliance with the stipulations of Ordinance 400-78. Councilman Malston requested that when an amendment is approved that Administration advise Council of such transaction. QUESTION: Motion passed unanimously by roll call vote. (I-22: Amendment to lease City Manager Wise advised that this lease amendment would allow Kenai Air Service to provide the use of their facility in the Terminal for a ear rental agency. MOTION: Councilwoman Gliek moved, seconded by Councilman Malston, for approval of amendment to lease of Terminal Space, Kenai Air Service, to allow the operation of a eat, rental agency. Motion passed unanimously by roll vote. G-23: Change Order I, 2, and 3 - Brown Construction Public works Director Keith Kornelis advised that the Change Orders appeared to be in ox'del'. MOTION: Councilman Seaman moved, seconded by Councilman Malston, for authorization of the work contained within Change Order Numbers 1, 2 and 3. MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman l~ialston, to amend the motion that approval is contingent upon each document being signed by the engineer. Motion passed unanimously by roll call vote. I~IN, AS AMENDED: Passed unanimously by roll call vote. November 1, 1978 - Page I1 ..© (I-24: Lease of warm storage facility City Manager Wise advised that this lease would provide warm storage for the airport snow removal equipment. Public Worl:g Director Keith Kornclis grate8 that thc Ica~e indicated acceptance of the facility "as is" and he had received reports that two of the heaters in the facility wore not working as well as junk automobiles were strewn about the property. MOTION: Councilman Malston moved, seconded by Councilman Abet, for approval of lease of Lots 16, 17, 18 and 19, including the hangar and any improvements thereon for a term of six months at a monthly rental of $2,200 from Peninsula Enterprises, Inc. contingent upon removal of junkvehicles and repair of non-working heaters. Motion passed unanimously by roll call vote. 0-25: Discussion - Tidelands City Manager Wise stated he wished to bring the request for a 55 year lease submitted by Eenai Native Association to the attention of Council. I~Ir. Wise advised that KNA plans to construct a $3,000,000 fish processing plant dock with a boat lift and g~ids and the location would include the adjacent City owned tidelands. ~NA is now requesting a 55 year tidelands lease from the City..Mr. Wise reported that the · matter will require a survey prepared which will be at KNA's expense. City Attorney Schlereth advised Council that his department would prepare a tidelands lease oi'dinance for presentation to Council at the next regular meeting. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, that the lease application as submitted by Kenai Native Association be forwarded to the Planning and Zoning Commission for their review and such lease application be considered as a "conceptual lease application" until such time that a tidelands ordinance has been prepared and pre- seated by the City Attorney. Motion passed unanimously by roll call vote. G-26: Disoussion - Kenai Utility Corporation City Manager Wise advised that as a result of conversations between Mr. Oscar Thomas of KUSCO, et al, a "settlement of disputed claim" was prepared and signed by Mr. Thomas in which the City will agree to pay in final settlement a sum of $5,631 and further the City will prepare an ordinance establishing procedures and ~uidelines for the proper place- ment of utilities within public rights-of-way and the written formalization of basic notice practices between the City and utilities. MOTION: Councilman Malston moved, seconded by Councilman Seaman, for approval of "Settlement of Disputed Claim" with Kenai Utility Service Corporation and final payment for claims against the City of Kenai in the amount of $5,631. Motion passed by roll call vote with Councilwoman Gliek voting no. il ',~, G~27: Discussion - Addition to Animal Shelter and City ,Shop ' · W ~ ~ ict~ ncMiF afc g~ e;c~V~;; r;r~; ;tf ~ut~ amti st~teos~/J ei ~; ~ ~ ur;cf;f roendt th~ tl.,h, ~ j cd.hOe committee frOm G-28: Periodic Estimate #6 - Rockford Corporation City ~,lanager Wise recommended that retatnage be 2% with an amended amount of $33,831.54. MOTION: Councilwoman Glick moved, seconded by Councilman ~.nlston, for approval of Periodic Estimate No. 6 in the amount of -~33, 831.54, with a 2% retainage, to Rockford Corporation. Motion passed unanimously by roll call vote. H. REPORTS H-l: City Manager's Report (a) City Manager Wise advised that there will be a meeting with contractor Don Brown and Administration at City Hall relative to various claims on the projects Mr. Brown has been involved in with the City. --~' (b) Float'Pla~._e Basin - City Manager Wise stated that as there is a great deal of vandalism t the water reservoir he would like permission to lock off the {~ates which / would also prevent entry to the float plane basin. Mr. Wise stated prior to locking up the gates, he would contact all users of the float plane basin. MOTION: Councilman Seaman moved, seconded by Councilman Malston, that the Council hereby dh, e~t Administration to leak up the float plane entry gates effective November 8, 1978. Motion passed unanimously by roll call vote. City Manager Wise reported that the Commissioner of the Department of Highways had advised the Administration that the State will assume responsibility for the maintenance of Forest Drive and will reimburse the City for eosts incurred. The State will also approach the City relative to the City continuin~ maintenance with reimbursement from the State. MOTION: Councilwoman Glick moved, seconded by Councilman Abet, that the City concur with the request of the State to continue maintenance of Forest Drive with reimbursement for costa involved from the State and, in addition, the City provide only snow removal services. Motion passed unanimously by roll call vote. liiiil ..... November 1, 1978 - Page 13 (d) Deepwood Park Mr. Wise reported that Deepwood Park is now being occupied and the streets have not been accepted for m~intenanee by the ~.~ty..~r. ~'tse odvised th,t the developer, had been contacted that the curbs and gutters would not meet specifications and the City would not assume maintenance service until such time the problems were remedied. Councilman Abet inquired if the City would be liable to provide police and fire protection in an approved subdivision and Mr. Wise responded that the City would make every effort to respond to emergency calls. Councilman }!alston stated thai he felt there should be some solution in order to provide minimal service to the residents during this snow season which would give the contractor and developer until next construction season to make the necessary adjustments. Councilwoman Olick advised that a few years ago the City refused to accept the streets in the Turtle subdivision and to date the City has not assumed responsibility for maintenance. Councilman Abet suggested that if the developer were sincere in correcting the errors by next construction season, the City could request that an escrow account or bond be established to insure that the work will be done and in the interim the City would provide maintenance. MOTION: Councilman Abet moved, seconded by Councilman Malston, that Administration be directed to contact the developer of Deepwood Park and inform him once more of the existing problems which do not meet standard specifications and if a good faith effort (bond, escrow account, etc.) is agreed upon the City would provide snow removal service for the upcoming winter season. Councilman Seaman stated that the City should determine all liabilities involved prior to any maintenance service. QUESTION: Motion passed by roll call vote with Councilwoman Glick voting no. QUESTIONS AND COMMENTS Councilwoman Gliek commented that a citizen of the community came before Council this evening requesting special consideration relative to a condition in which his p~'operty was left after a City construction project on the street in front of his property. Councilwoman Gliek further commented that for several meetings, the citizens of Lilac Street have come before Council requesting Council consideration to a problem which they feel still exists after reconstruction of their street and, to date, Council has not addressed the problem and arrived at a conclusion to their alleged problems. The residents of Lilac were ad'..'Bed that City Administ.rafion,the contractor, engineer, etc., would meet with them to discuss their concerns and, again Councilwoman Glick stated that this has not been done. Councilwoman Glick also referred to the alleged problem existing on Raven Street in which Mr. Calvin Quandt has written to the City and come before Council and has received no response to his concerns. Councilwoman Gltck stated that it was her opinion that the City address the problems of these residents immediately. Also, Councilwoman Gltck stated that she felt the reason for adopting Resolution 78-157 was in order to p~ovide timely and accurate communications with the public and stated she felt the City should endeavor to increase the lines of communications (i.e. return telephone calls, etc.). Councilwoman Gltck also requested that a list of Council questions be prefected after each Council meeting and status of each inquiry prepared for presentation at the II I I I l~lovember 1, 1978 - Page 14 next meeting following -- perhaps the City Clerk could prepare such a list to be utilized by Administration in responding to the questions submitted. City Manager Wise stated that he did respond to ~r. Ouandt's inquiry relative to the condition of Raven Street and advised Mr. Ouandt if he did not accept the decision of City Administration, he could appeal to the Council. H-2: City Attorney's Report City Attorney Schlereth reported on the meeting with the bond attorneys relative to the provisions in the City Charter and if such bonding could be offered to prospective industries for relocation in the area. City Attorney Schlereth stated it will be necessary to hold a special election for an amendment to the Charter. · Councilman Ambarian stated that the question of giving industrial bonding assistance and can the City assist outside their boundaries did come up at the meeting with ALPETCO in Houston. Councilman Ambarian stated he felt the matter should be presented to the voters for amendment to the City Charter as soon as possible. Councilman Ambarian advised that Fairbanks had endorsed Valdez for the location of the ALPETCO facility and would suggest that perhaps members of Council, while attending the l~iunieipal League meetings the week of November 8th, contact the Anchorage contingency to seek their support of Kenai as the site location. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment to Wohlforth and Flint in the amount of $I,280.60 for professional services rendered relative to bonding and further to instruct Administration to prepare an ordinance allowing for a special election for a charter amendment and copy of such ordinance be sent to ALPETCO to indicate the City of Kenai's intent. Motion passed unanimously by roll call vote· (B) Plat~ vs. CBS Real Estate - City Attorney ,~chlereth advised that this matter had been resolved tl~ough summary Judgement in the City's favor. H-3: Mayor's Report Acting Mayor, Edward Ambartan, advised Council that the annual Fireman-Policeman's Ball will be he.Id November ll at the Kenai Elks Club. Tickets are $20 per couple for an evening of dinner and dancing. H-4: City Clerk's Report None H-5: Finance Director's Report None November 1, 1978 - Page 15 E-6: Planning & Zoning Commission Cotmeilwom~.n C, lfck ~,opo~,ted on the Commission meeting of October 25th in which a public hearing was held on the proposed zoning changes, the Commission approved the lease application for a Mr. Parks for lease of Airport Lands (CIIAP) for a tradesman- type of building and a lease application from McCubbins was reviewed relative to a multi-million dollar shopping center and such lease discussed. The Commission also reviewed a conceptual lease application for an elaborate car wash operation in the location of the Well Site Area and the Commission approved a lease application to a Brown in the Cook Inlet Industrial Air Park as well as approved final plat on the area. Kenai Peninsula Borough Assembly Councilman Ambarian reported on the meeting of October 3Ist in which Ord. 78-36, (Uniform Clean Air Standards and Emission Regulations) was defeated, however, motion of reconsideration will place the matter on the agenda at the next meeting of the Assembly. Ord. 78-54 and Ordinance 78-55 relative to amending certain portions of the Kenai MunicipalDistrict Zoning Code with reffard to permitted uses and Ad~ninistrative procedures and modifying certain permitted densities and uses within the Kenal Municipal District both passed, however, reconsideration has been called for presentation at the next meeting. Ord. 78-58, providing a comprehensive system of records management, retention and disposal was sent to committee for further consideration and Ord. 78-59 and Ord. 78-$0 passed for hearing. PBRSONS PRESBNT NOT SCHEDULED TO BE HEARD -O I-1: Edward Call - Bush Lanes Subdivision - thanked Mrs. Gltek for her comments relative to the concerns of the residents of Bush Lanes and stated since the conclusion of the construction project, a City grader has not been in the area and the road is sadly in need of ~'ading. Mr. Call also stated that on Wildwood extension an easement was given to the government and if not utilized, the easement would return to the ~giver~ and Mr. Call wished to bring this to the attention of the City as it affects the property owners along the road. Calvin Quandt - stated he was not satisfied with the answers received in the letter from the Administration relative to the restoring of Raven Street per his request. Mr. Quandt stated that after the City had installed utility lines along the street, the street was to be returned to its original condition by the contractor and Mr. quandt stated that in his opinion this has not been done to date. Mr. Quandt stated that the street is no longer level with the main highway and requested that Council review his request for restoration of Raven Street. Relative to Lilac Street, Mr. quandt stated that the residents had to buy their own culverts if they wished more than 20' culverts installed however, the residents of Kaknu received 30' culverts free. Mr. Ouandt also advised that the owner of the hobby shop on Lilac has filled in the ditch running in front of his property. City Manager Wise responded that the residents on Eaknu were allocated 30' eulverts because of the elopes, etc. which would in effect be comparable to the 20' culverts. With regard to Raven Street, City Manager Wise advised that in lieu of restoration of November I, 19'/'8 - Page 16 roads and drives, that several persons chose hook-up to the City utilities instead. Councilman Abet stated that when final payment was made to the contractor it was with the understanding that Raven Street was in an acceptable condition. Public Works Director Keith Kornelis advised that the City Engineer and former inspector on the job trove!led to R.avop Stveot ~nd it ,~,~ e~neluded that R~ven Street w~ ~'etu~nod to its original condition. Mr. Quandt stated that all the street would require would be additional fill and g~avel. MOTION: Councilwoman Gliek moved, seconded by Councilman Seaman, that the Public Works Department ascertain how much gravel will be necessary to make acceptable improvements to the condiflono£ Raven Street to return it to its former state and, in addition, determine what costs will be incurred and proper funding for same. Councilman Abet stated that Raven Street was never a City accepted street. Councilwoman Glick stated that as the City did take responsibility for construction along the street, it should also assume responsibility to restore the street to its original condition. QUESTION: Motion passed unanimously by roll call vote. I-3: Mark Boberick Advised that it was his vehicle hit by a City truck near the cemetery. Mr. Boberick advised that he submitted three different bids for repair of his vehicle and requested Council consideration so that he could proceed with the necessary repairs. City Manager Wise reported that during the cemetery cleanup, one of the volunteers attempted to move the City truck, which would not start, and in doing so inadvertently hit Mr. Boberick's parked vehicle. City Manager Wise recommended acceptance of the lowest bid. MOTION: Councilman Malston moved, seconded by Councilman Seaman, to authorize payment for claim submitted against the City (lowest of the three bids) by Mr. Boberick for repah, of his vehicles damaged by a City vehicle. Motion passed unanimously by roll call vote. ADJOURNlV~NT There being no further business, the meeting adjourned at 12:30 a.m. Respectfully submitted, S~C. Peter, City Clerk CITY OF KENAI ORDINANCE 447-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECLARING T~E FOLLOWING BUILDINGS ,~D RELATED ~:QUIPMENT AND ~4ATERI,~LS SURPLUS. WHEREAS, the following buildings and their related equipment and materials are no longer needed by the City of Kena~ and, WHEREAS, the following buildings and their related equipment and materials are costing the City of Kenai for repair and maintenance; and, WHEREAS, it will be advantageous to eliminate the following from the water and sewer system; and, WHEREAS, sealed bids for selling the following with the necessary replumbing designated by the Administration is a reasonable and acceptable means of disposal. NOW, THEREFORE, BE ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, SECTION ONE The following buildings and related equipment and materials are hereby declared surplus and available to sell separately or together by sealed bids. 1 2 One shallow well building Related material and equipment 4 four inch valves four inch pipe, six foot joints four inch pipe, eight foot joints 1 three inch valve 1 breaker box 3 water tanks 8 reset boxes 8 bags lime 2 pumps i line tank 3 outside wells with pumps PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 15th day of November 1978. ATTEST VINCENT O'REILLY, MAYOR Sue C Peter, City clerk First Reading Second Reading Effedtive Date November 1, 1978 November 15, 1978 December 15, 1978 CITY OF KENAI ORDINANCE NO. 44~-7~ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $182 IN THE CAPITAL PROJECT FUND ENTITLED "FOREST DRIVE WATERLINE.' WHEREAS, the above-mentioned Capital Project Fund is complete, and the City has received final audit and final payment from the State of Alaska, and WHEREAS, the findings of the State auditors were that .$9. ,793.69 of questioned costs relating to force account labor be excluded from eligible project costs, and WHEREAS, it is now desirable to close out this project, and WHER~S, additional City monies are needed to fund the ineligible costa, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI; ALASKA, that estimated revenues and appropriations in the Capital Project Fund entitled "Forest Drive Waterline" be increased as follows: Increase Estimated Revenues: Appropriation of Fund Balance 1974 Refunded Bond Issue $182 Increase Appropriations: Project Inspection $182 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 15th day of November, 1978. ATTEST: ~INCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: First Reading: November 1, 1978 Second Reading: November 15, 1~ Effeottve Date: November ,5, 1978 CITY OF KENAI RESOLUTION NO- 78-193 A RESOLUTION 0F THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING A GRANT APPLICATION FOR DESIGN OF UPGRADING THE SEWER TREATMENT PLANT AND ANCILLARY ITEMS, STEP II. WHEREAS, the City of Kenai has accepted a S/I wastewater facilities plan prepared on behalf of the City by CH2M Hill, and WHEREAS, the City desires to proceed with the design of these facilities identified in the plan, NOW~ THEREFORE BE ,IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the attached, and incorporated herein by reference, grant application for Step II design funds is hereby approved for submittal by the City Manager to EPA and DEC. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of November 1978. ATTEST Sue C Peter, City Clerk I~ENT O'REILLY, MAYOR November 13, 1978 Kenat, Al.ska 99611 ~1 Request for Trai~tn. Area Gentlemen: On November 8, 1978, the Kenai Detachment Commander of the Alaska National Guard went before the Kenai Planning Commission. The subject discussed was the lack of a suitable place for the Guard to operate their tracks. ,Word from higher Headquarters in Anchorage is that if lw~ fail in obtaining a suitable training area, our tracks will be going to either Homer or Anchorage. our federal mission is to secure and defend Kenai City Airport, the Planning Commission mentioned that there was land owned by the City behind the airport that could be used for training purposes and advised that a letter /be written and submitted to the City Council requesting the use of this property or some other.suitable property. /The beach was mentioned, but the beach is just not realistic ~ /~for training purposes. It doesn't contain the necessary ~terrain features required for our training nor is it large /enough for adequate maneuverability of the carriers. // We respectfully request the council give consideration to ~(/ our cause and position. Robert E. Trader SSG AKARNG AST CITY OF KENAI · -,-.l ,' .~.,/", '. ,, ~, , ~',' . , ~ ~ ~ ' , , · [~o~u~o~ o~ ~ cou~c~ ~.~ c~ o~ ~, ~, '~POINTiNG T~E C~'~'Y ~A~ER. AS~ L~D~ SELEC~ ~NT FO~ A~ z~g~,29g - , -~.. I ~E~, the Alaska Divisio~ of Lands requires~'~,land selec- , tion,.a'~nt to be specifica~ selected~to ~ct on ~%half of the I 0 , T~ER~FO~, BE IT ~SOLV ~T John--E ~ise, City Manager of · he City of Kenai is hereby authorized to select on behalf of the City 307.28 acres of Section 36, T6N, R12W, S M. ~ " PASSED BY THE COUNCIL OF T~E CITY OF ~NAI, Nove~er, 1978. Sue C ,Pe, ter, City Clerk · VINCENT O .© CITY OF KENAI RESOLUTION NO. 78-187 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79 GENERAL FUND BUDGET. FROM: Contingency ($1,000) TO: City Attorney-Professional Sero, ices $1,000 This t~'ansfer helps fund the cost of services of a bonding attorney ~s authorized by the City Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th da~ of November, 1978. · ATTEST: VINCENT O'REILLY, MAYOR ~ue C. Peter, City Clerk Approved by Finance: (~ CITY OF KENAI RESOLUTION NO. 78-188 BE IT REff, OLVED BY THE COUNCIL OF THE CITY O~ K. ENAI, AT,ASI(^ THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE FOLLOWING LPW PROJECT FUNDS. From: Street Improvements - #07-51-26998 - Contingency ($426) Redoubt Way Paving - #07-51-26965 - Other Engineering ($2,400) Water & Sewer Lines - #07-51- 26966 - Contingency ($672) TO: Inspection, in the following projects: Street Improvements -#07-51-26998 $ 426 Redoubt Way Paving - #07-51-26965 $2,400 Water & Sewer Lines-#07-51-26966 $ 672 These transfers are needed to pay for the PMA, Inc. and MeLane Surveying bills of October 20, 1978 and October $1, 1978, respectively. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this lSth day of November, 19'/'8. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: ~"~/ CITY OF KENAI RESOLUTION NO. 78-189 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1970/79 GENERAL FUND BUDGET. From: Library - Office Supplies ($150) Library - Operating Supplies ($300) TO: Ltbrax~j - Communications $450 This t~ansfer is needed to provide additional funding for higher postage costs than originally anticipated. PASSED BY THE COUI~CIL OF THE CITY OF KENAI, ALASKA this 15th day of November, 1978. A~test: VINCENT O*RFALLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: /'~z~ __ I]ILJl ........ . /' CITY OF KENAI RESOLUTION NO. 78-190 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79 TERMINAL FUND BUDGET. From: Contingency ($2,255) Professional Services ($1,745) TO: Instu*ance $4,001 This transfer provides for the purchase of a Liquor Legal Liability insurance policy for the Airport Terminal. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of November, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Pete~, City Clerk Approved by Finance: Ord. 450-'/8, page Industrial development bonds Section 6-5. The Ciw shall have the power to borrow money and to issue bonds or other evidence of indebtedness for the purpose of promoting economic development in and adjacent to the City. Such indebtedness may be authorized by the Council without a vote of the electorate for obligations which are defined as industrial development bonds by the United States Internal Revenue Code, as amended. The City may, with respect to the issuance of such debt, acquire, purchase, lease, construct, sell, sublease or otherwise dispose of projects by action of the Council. No bonds or other indebtedness issued by the City under this section shall be repayable from taxes levied by the City nor be a charge against the I~eneral credit of the City." And, shall Section 6-3 of the Charter of the City of Kenai which reads as follows: ~.. Revenue bonds ,. etc. Section 6-3. The city shall have power to borrow money and to issue revenue bonds or other such evidences of indebtedness therefor, the principal and interest of which are payable solely out of, and the only security of which is, the revenues of revenue-producing utilities and enterprises; but only when authorized by the council for the acquisition, eons~,ueflon, reconstruction, repair, improvement, extension, enlargement, and/or equipment of said utilities and enterprises, and ratified at an election by a majority of those qualified to vote and voting on the question, be amended to read in its entirety as follows: Revenue bonds, etc. Section 6-3. The city shall have power to borrow money and to issue revenue bonds or other such evidences of indebtedness therefor, the principal and interest of which are payable solely out of, and the only security of which is, the revenues of revenue-producing utilities and enterprisesr but only when authorized by the council for the acquisition, construction, reconstruction, repair, improvement, extension, enlargement, and/or/equipment of said utilities and enterprise~) Ord. 450-78, page Industrial development bonds Section 6-5. The City shall have the power to borrow money and to issue bonds or other evidence of indebtedness for the purpose of promoting economic development ir~ and adjacent to thc City. Such indebtedness may be authorized by the Council without a vote of the electorate for obligations which are defined ss industrial development bonds by the United States Internal Revenue Code, as amended. The City may, with respeet to the issuance of such debt, aequi~e, purchase, lease, construct, sell, sublease or otherwise dispose of projects by action of the Council. No bonds or other indebtedness issued by the City under this section shall be repayable from taxes levied by the City nor be a charge against the general credit of the City. n And, shall Section 6-3 of the Charter of the City of Kenai which reads as follows: Revenue bonds, etc. Section 6-3. The city shall have power to borrow money and to issue revenue bonds or other such evidences of indebtedness therefor, the principal and interest of which are payable solely out of, and the only security of which is, the revenues of revenue-producing utilities and enterprises; but only when authorized by the council for the ac- quisition, construction, reconstruction, repair, improvement, extension, enlargement, and/or equipment of said utilities and enterprises, and ratified at an election by a majority of those qualified to vote and voting on the question, be amended to add the following sentence: "Revenue bonds issued to pay the cost of a facility to be used by ten (10) customers or less may be authorized by the Council without an election if the debt is payable solely by the users." And shall Section 1-6 of the Charter of the City of Kenai be rescinded which reads as follows: Applicability of state law Section 1-6. Provisions of state law relating to matters which may be restricted by home-rule cities, shall be in effect in this city only insofar as they are applicable and are not superseded by this eharter ox' by ox, dinance. PASSED BY THE COUNCIL OF THE CITY 0~,'~N~.~'U, ALASKA this Sth day of December, 1978. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR First Reading: November 15, 1978 Second Reading: December 6, 1978 Effective Date: January 6, 1978 CITY OF KENAI RESOLUTION NO. 78-191 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING CONTRACTS FOR A GARDNER-DENVER BLOWER FOR THE SBWAGE TREATMENT PLANT. WHEREAS, bids for Gardner-Denver Blowers were received as follows: is the most advantageous to the City/of Kenai, considering price, quality, date of deliver),, etc. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF KENAI~ A.~SKA that the followinF._contract is hereby award~h ~ dO PASSED BY THE COUNCIL OF THE CITY OF KBNAI, ALASKA, this ISth day of November, 1978. VINCENT O'RBILLY, MAYOR Attest: Sue C, Peter, City Clerk CITY OF KBNAI RESOLUTION NO. 78-192 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KBNAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79 GENERAL FUND BUDGET. From: Contingency ($2,526) TO: Street Lighting-Repair & Maintenance $2,365 Non-Departmental-Repair & Maintenance $ 161 These transfers are needed to fund: 1. The repairs to street lights per the agreement with Inlet Instruments, and 2. The cost of repairs to a citizen's vehicle that was damaged while he was helping in a City clean-up project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of November, 1978. Attest: Sue C. Peter, City Clerk Approved by Finance: ~,,~//~ VINCENT O'REILLY, MAYOR la'~v az~ ........... n .......................... ....................................... pUBLIC WORKS --~t~'-o~' Kenai Invoice # 22478- P. O. Box 580 October 20, 197:~ £enai, Alaska 99611 ATTENTION: Keith Kornelis, Public Works Director Charlie Brown, Finance Director INVOICE FOR REIMBURSABLES EDA #07-51-26998 - Walker Lane: R f M #856809-1 .... $2,366.89 X 105% = $2,485.23 R ~ M #856809-2 ...... 28.00 X 105% = 29.40 ~ ~.'~ .~ ~ ~ .~ /:;...:.-~ EDA #07-51-26998 - Fourth Street: R t M #856812 ..... 1~541.80 X 105% = 7~-": ' '" ~ '-~"/-'~" '.': 1,618.89 BDA #07-51-26998 - Kaknu Way: R ~ M #856813 ..... · - 308.50 X 10St = 323.93 EDA ~07-51-26965 - Redoubt Way: ~ ~'/ /'~ k ~A e07-S~-Z6966 - Wate~ ~ Se~et ~ptove~ents: R G M 1856808 ...... 754.65 X ~05~ - 77~.58 ~:.:...: - . ~ EDA 107-51-20074 - 3M Gallon Water Tank: R f M #856807 2,263.16 X 105% = 2,376.32 $9,271.32 X 105% = $9,734.89 TOTAL DUE TItIS INVOICE .... ~R ~o~Ac~ ~,r~ ~c~,u~ McLANE& ASSOCIATES ~nc. REGI6TER£D LAND ~"--URVEYORB ~. O. BOX 468 · PHONE 283-42t8 SOLDOTNA. ALASKA 00609 October 31, 1978 AGGGUNT OF iCtty of Kenat · Box 580 ,Kenai, Ak 99611 'Attn: Ketth Kornelius, Director of Publtc [Corks Com;utatton of quantities on EDA projects during September and October, 1978 Project No. 07-51-26998 ~alker Lane 1 man 15.5 hr ~ $20.00 Kaknu Way 1 man 27 hr ~ 20.00 4th Ave 1 man 33.5 "e 20.00 Fern and Lupine 1 man 24 hr ~ ~0.00 Lta~e st 1 man 1 hr ~ 20.00 42 prints 9 $1.20 ea SUBTOTAL Project No. 07-51-26965 Redoubt Way Pro~ectNo. 07-51-26997 Airpor~Loop 1 man 13 hr 0 20.00 TnTAL 1 man 13.5 hr. 9 $20.00 $310.00~/ 540.00-/ 670.00/ ~80.00 ~/ 20.00./ ,. 50.40 .x $2,070.409. 270.00 ./ ..Z6,o.o,q,/ $2,fin0.40 ,~ _111 ] Lupine/Fern le ~c~,,~,,s,) ~ ~ Ch.~c ~e'~ No. Brovn Construction Co. Inc. y~ ~tc hc~rhy ~equested ~o com~ly whh the [ollow~o~ ch3nges horn (he c~.acl plans and specif~c3~ion~: · ./ unic l. ices, chan~e in comple,ion ~chedule, eec. Excavate and backfill 150 L.F. Trench 0 to 6 foot depth 0 $4.00 per foot Furnish and install 130 L.F. 18" CMP Storm Sewer a $18.00/£t. glffe:euce beween Col. O) and (4) Net {incense) ~Cc~X~ c~t~act tt~c~ 520.00 XXXXXXXXXXXX.X: .~2 ~860,00 $2.860.,.0.0 T~ ~m of $ 2.860, O0 is ~eby (added to) ~I adjusted contract ptlce to date ~ereby ~e t~e ~gov~ed for completion in ~e c,nt~a~ is (unc~flged} (~X~ ~ ~ _ 0 , calendar clays. ~is do~m~t s~ll ~cone an ~eudmmg to the contr~c a~ all ptovlslons of the contract ~ill a~ply hegcto. Ap~avcd by OeM~ -- es~, JU$I[FICA31OH FOR CliAI4G£ I. ~rcce,i,y foe chJn&c: Response to public input. ~. ~'iR p~posed cha~&e *~ter tbs physic~ size of the p~oject~ ~ Yes 4. F~fcct o! GSa chen&e ~ nther pt;m conu~ntots: ZqONE S. Has c~s~nt of surety ben obtfiaed~' 6. Viii th;s chn~,e affect espiratiofl or extent of hsurxnce torero&e? [-"I Yea if "Yes," will the policies be extended; [-'1 Yes ~. Effect on o.f~fat;on and mintenfnee costs: NONE COI4TRACT CIIAIIGE ORDER tit), of Kenai Brown Construction Co., Inc. C~e O~de, No. 3 hcteh)' requested to comply with the (ollo,'iflg chJnses from the contract plJns and specilicati,,n.',: Standby Time one month's rent for OhO John Deere JB 762 Scraper m T~al ~c~ea~ $ ~ MXXXX~XX~XXXX Tot,l inc,e,, XXxX~xxxxxxxx S S ~ O00. O0. Difference ~twee. ~I. (3) and (4) S S 5 ~000. O0 ~ffl (~c~i~) (decrease} cofltfict r~ice $ ...... ~ 5,000 · O0 sum of S _ S ~. 000 · O0 is hereby (ad4ed to) (&~lg'~ the total eonttac~ ~ice. and t~ ~tal sdjuutd c~t,sa p~cc ~o date ~c~cby is $ 2 S7. S 84. S 0 · Recoa~mended by. ~ec~'~smeer uue Acceded by co~lc~r · U,,e JUSTi! ICA'liON fOR CIIAHG£ I. Ncces&iey ~tchan&c: Contractor states that the CityZs tardy change In ~ans on Lupl~e Drive c~used him additional costs. * Seo attached letter. till p,psed change alter the physlcal size of the project? H e~Yele" 4. F. ffecs of this cbn~ on od~er l)~imc contt, ctots: NONE will tb ~olicies ~ extended? ~ Yes o~rat~ and m~ntensnce co~s: NONE BROWN CONSTRUCTION COMPANY, INC. GENERAL CONTRACTOR ~ 1313 ~£N?J. ,~L~A .eq~t I -© November 5, 1978 City of Kenai Boxy80 Kenaf, Alaska 99611 Attn: Mr. John Wise, City Manager SubJ: Equipment Rental - Project #O?-~1-26998 - Lupine- Fern Enclosed is the rental receipts on two 762 Scrapers from Oraig Taylor Equipment Co, paid by Brown Construction Co. Representin~ additional cost incurred by Brown Constuction through no fault of our own caused by the Cityts tardy change in plans on Lupine Drive. Listed is the dates from a 1978 weekly field reports June 29th finished excavatfn~ at airport at 11:00 A.M. Waiting on Engineers the rest of the day. June 3Otb Excavatin~ came to a complete stop - still waiting on En~-~neers. July 3rd- 8t'h Kaknu July 8th - July 18th Down time on scrapers - no decision on Thompson park July 19th, 20~h & 21st Excavating at Thompson Park July P~d to 31st paid on equip rental The total 19 days was lost due to the City of Kenaio I think $~,000o00 is a very fa/r bill° Very truly yours, Don Brown DATE INVOICE ~RDWN [~DNBTRUCTIDN [~D~PANY, 11,412. 409 City off Kena~ Box 580 l[ena~, Alaska 996~1 ProSect Lupine - Fern AMOUNT Equipment Rental ( 1 - ?62 Scraper) TERMS: BET IOU~ PROY~ l~/~e~ CARRYING CHARGE 0H pAST DUE BALANCE TOTAL '" ~ ~v ~ ~'~ ri ..... 733 WHITNr. V ROAD- '1L RMINAL YARD5 ' - ' '*~"' ' ~ ' i ANC, HORAGE ALASKA 00501 ~.~O . ~o~ Stock ~222 w^ 8-1-78 O~DER NO.. SALTS SU ...... I ALA~KADISTRIBUTORS OF CONTRACTORS AND MINING EQUIPMENT Il SUPPLIES THREE CONVENIENT LOCATIONS ANOIORAGE · FAIRBANI(~ ?33 WHITNEY ROAD · TERMINAl. YARDS ' ' "-':' ' ': Ho A 't,', .~1' ~I %'1' t · ,I; PHONE a?a-357~ · , 3468 Brown Conetructlpn Co, .... P.O. Sox 1313 cus~o~e's ~a,~l. Aia~.~ 9~611 ....... O,D~NO., ., 1 John Deere JD762 Scraoer SJ~ 2656 5,00fl .00 Tnt* Renal Period June 22. 1978 to July 21. 1978 , _'.' '2 .....'"... ".' .- . - ', . "' :.'[" '2 ', ' '~'y~' ' . .. ,. ,.:,.%:..:. .... :':. . .... :..._ . .. -." ....,. - .. · :) . ; . ... .. . -.. .' '.. ; ~ .. ~- '. : AIASKADISTfiIBUTOR5 OF CONTRACTORS AND MINING EQUIPMENT ~ ~UPPL. IE5 '' ' :~: :::. . ..... ..~ ..... .~ ...... ::... . · ~ -. $1.A~,.~ .".'.." '::' ~"?- -. · ...' ' ' ' II /' ~-. .;., . . _ ..... . .. ,....,-. ., . ~,~,,- . : . ~ . .~-.,. . -:.~?__~:.- ::-., . . . . .-" ... .. .~,.."  , · ,.: .. . . ~ . : . · ~. ~: ..':' ~:':'. .. .:. ~ ~'~' . '.~ . ....'..... ..: . ' , _- . ~ .~' ..?.- . ".::. ~.'..... ..... .; .. ·: ...... .:. , ... . . ~i.~.: · : . .. ,~... .-: ..... -.- ..... .,~a........ . ............... ~ · .. -~ ~_ ?.' .. ~'. . :'". .. ~.' . .. · .. .. · '?" "e ' ' - '. .:V'~: '~: ' ' "' ' ' ' .... ' --' / :.'.' · ~ . THREE CONVENIENT LOCATION~  " ' ANCHORAGE · FAIRBANI~ · . :. $~TTLE ' · ... :.. ALASKA DISTRIBUTOR5 OF CONTRACTORS AND MINING EQUIPMENT gro~ C~.t.ructlon -~*0:"~' 1313" ' ' ': '"': ....... ...... ; · : .,...-. ,.,, ,,>. 733 }/bl~ ~. EN~ ON. .......... · ..' .... · ..... '. .,' ............ ', ' ---- 'RENTAL EQUIPMENT WILL BE USED AT: (Ce~e/) . . (Cdy) MiNiMUM RENTAL GUARANTEED BY LESSEE , 5.opo. oO. .. Lessee wilt not remove the eouipmMt · '': ~.;4~. - ':: ~ from this I~atlon without "'- -'.: pe~lSelOfl from Lessor. MODEL, SIZE, AND DESCRIPTION OF EQUIPMENT (Give ~eriaJ No., ,f any) 762 r, ezapt~, ~oim ~ee~o Set tl2300 ' '~t.~3 22~ ....... · """ Present Yelue : -... -,, .TOTAL-PRESENT ALUF, ,' ': ...... .'"?'-: .:'? ' '~.' .... ~0; ;;-~.(/~:,~:' ;~,-"-'. :..'" ': t's.~-,,,:, : -: ~': ......... ' ...... .' 'RERTAL AGREEMENT "' .. "' .; ": .:: ....... .. '~; ..... ... . ~ .: '. ......... ... · Lesser hereby lee~el to the lbOve-nlmed {asses the'equipment listed herein' ("Equipment") for tbs term and v~th'th~ rental payments eel above. Rent,Il payments shall be made to Lessor at hie Iddres$ shown above. Lessee will pay ~ ~olt of lransportmg the Equlpme~lt from L~sor'8 i~,r, ce of "l~l~l~ emi reflJtm~ It thomto. Such lrl~lportst~ofl ~t~Nl Mke place durthg the term hereof .... . ' . .'. -: ~; .' .... ...'j .. 7-.. -..' . · . I1 I~ c~ntempllted ~et tim Equipment will be oporated for not mom than~our~ in any one day:, leal3" * ~K)ure in any one ' one month, en(l Lessee agrees that he wdl pay addlisorml mota~ pn)~ate(l et the ippllcehte (ladyo weekly or monthly rate fo~ each hour tho Equlement ;s ut4KI · k~ excels of such time. The ad;itmnal rent for excessive hours shah be paid at the time the Equipment is returned or. if the Equtpmom is leaseq for mote t~.~n thuty  ' ? ~..d&y$, on. the flrat day of the month following Such use. If there. Is an I~ou~ meter furmshecl. Leases ecJmea to keep it connecto0 to the Equipment and m goo(l -', m d Is to l)e used aa tho conclue ye ~ e of the number of hours of operaison If Lessee fa~ $ to tatum the Equapmont promptly · ~: !'~ It:orkk~g eon(lit on at Iff Is ea, and ' ' · '~::~'.~:',; ..~ end ef Ihs term, a~(hUonat.rentat ~all be payable for each (lay prmeted et one and one-heft limes the normal ;entel.. ." . ...... .. '-;=. ~ :~.~ -..: ...~.. . ~ .,,,. ,~. : .. · .. . ., :. . . '~",::/".::.~':.' '..Ex~ept to the extent eovered by insurance purChaSed by Le~r or its asslgnoe, Lessee shall Indemnify Lessor against all loss or damage to tr~e Equipment ' ~_-~.~,': [,,'li~hlle it is eut of Le~so~'e pos~s~lon.. Damage to the Equipment, other then · IOlal Iosu, shall not abate or excuse the making pf pms~nb, eO rental r, aymenll. ~.:;}.-':,~,;~. ,,': .. . . . . · .. . . ":" !:' :' '-" ' ' Lessee ~rees to uce and care for the equipment In I careful and pru~onf manner, tO Day all operating and maintenance expenses w bile the F.c'.JL~menl LS Out of' · "'" -' ";'~e ~i~n of Lessor and tO make at I~i$ expense any and ell repairs other then Ihose which Lessor egreos rD maas undm tho e,JcliUOnat p:ov~s~ons on the · ~ · ' ;% I~verle side hereof. The Equipment snail Ix) returned to Lessor m as goos con(litton as receive(l, reasonable wear an(/lear excepted. It, upon Itl return tO Lessor, · . '. :'.1~ Equtprnont ~s not in luch goo(l conchbOno Lessor may repair ;t ancl Lessee will pay the cost of any such reps ts at Lessor'S regular shop rates. · - Lessee assumes all risk end liabdity for and shall hold Lesso; Ind Its Isstgns harmless from all damageS for Inlurles Ot death fo perlons and p,o~,e~ry erasing o . GUI of the use, possess;o~ or transportat;orl o! Tho Equq0ment. Lessee. at h4s own exPense, will c~f~ IDubll¢ hsl)d~ty insurance wdh mlmmum heOll;ty limits itl · .'amounts of $100,0(30 pet person and $300,000 per occurrence for Ix)dRy mlu~y, including edith, ams in the minimum amount ot $~0.000 pet Occurrence far properly damage. . .; · .' UI)4)IT expiration of the term of this Rental Agreement or If soy t,me (luring luch term. Lessee may elect to purchase Ihs EQuiDment for the '~Tofat Present · Vllue" IhOwn Ilpove. end may apply to luch purchase pnCe__~.---% of ail rentals therofoforo pa~. Such election shall bo er(danced by eqeculton of purchase order form ~uppl,eq by Lesaor. together w~lh payment of the rememdM' of the pufchas6 price m cash or suttlement tO~ tho Eqm~ment m some otr4t · ~tllu~r agreed to I)y thl p~rue& . ~ : '. "' · THIS RENTAL AGREEMENT IS SUaJEGT TO ALL OF THE TERMS AND CONDITIONS S~ OUT ON THE REVERSE SIDE HEREOF WHtCH ARE HEREBY DC SC~J St~a !!-/6 Co. -?-qj AGENDA PLEDGE OF ALL~GIANCE A. ROLL CALL AGENDA APPROVAL B. BEARINGS KBNAI CITY COUNCIL-REGULAR MEETING NOVEMBER 15, 1978- ?: O0 P.M. KENAI PUBLIC SAFETY BUILDING 1. Ordinance 445-78, appropriating $3,477 - ptucehase of road grader 2. Ordinance 446-78, increasing estimated revenues/appropriations by $4,600 in the Capital Project Fund entitled "Facilities Design" 3. Ordinance 447-78, declaring certain buildings and related equipment surplus 4. Ordinance 448-78, increasing estimated revenues/appropriations by $18~. in the Capital Project Fund entitled "Forest Drive W~terline? · .:' .~..-'~- ~"-1'.-Dr. John Wflsey - Kenat Peninsula Communtiy 2.--IVI~ Jo~.n Etohner---~Avtation~tie-dewn 3. Mr. Jim Bishop - Ail' Taxi Cer2fftcatton ~/~-'~/~ Natio,, Guard - O~ BUS.SS ~. Ra~tea~on of t~ephone poll - rel~atton of Dep~ of ~e.~p~of lease 3. Re.luSh 78-185 - au~g con~aet for en~eer~g servtce~~ ~ / NEW BUSINESS :. , .~- 1. Bills to be paid - bills to be ratified . . .~¥ 9.. Requisitions exceeding $500 3. Ordinance 449-78, amending the Code of the City of Kenai to increase the number of monthly regular Council meetings and change of starting time to ?: 00 P .M. 4. Ordinance 450-78, providinG: for the submission of Charter amendments to the qualified voters of the City of Kenal at a special election to be held February 13, 1979 5. Ordinance 451-78, increasing estimated revenues/appropriations in the Federal Revenue Sharing Fund by $20,000 6. Ordinance 452-78, increasing estimated revenues/appropriations in the Federal Revenue Sharing Fund by $50,000 ~: Ordflsmtee 453-78, lease of City owned Tidelands AGENDA, Page Two 8. Resolution 78-186, appointing the City ~.lanager as Land Selection Agent for AS 29.18 9. Resolution 78-187, transfer of f'unas to provicie t'or cost oI" services of a bonding attorney 10. Resolution 78-188, transfer of funds to provide monies for PMA & McLane billings 11. Resolution 78-189, transfer of funds to provide monies for higher postage costs - Library 12. Resolution 78-190, transfer of funds for purchase of Liquor Legal Liability insurance 13. Resolution 78-191, awarding contracts for a Gardner-Denver Blower for Sewer Treatment Plant 14. Resolution 78-192, transfer of funds for repair of street lights and cost of repairs to /citizen's vehicle that was damaged by a City vehicle j~lS~/Resolution 78-193, authorizing grant application for design of upgrading of the Sewer ~i~reatment Plant and Ancillary items 16. Payment to Project Managers Alaska, Inc. 17. Payment to MeLane and Associates 18. Contract Change Order - Brown Construction - Lupine/Fern Project 19. Lease of Airport Lands or Facilities - Raven Transit 20. Discussion - Kenai Native Assceiation Tidelands lease application H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning Commission ?. Kenat Peninsula Borough MAYOR & COUNCIL - QUESTIONS AND COMMENTS I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD A~JOUH~NT Kenai Native Association, Inc. P.O. BOX 1210 WILDWOOD KBNAI ALASKA 99611 TO: FROM: DATE: VINCE O'REILLY MAYOR, CITY OF KENAI ROLAND D. LYNN ~ NOVEMBER 15, 1978 RE: LEASING OF TIDELANDS TO KNA This is a suggested motion-to show the'in~en~ o£. the City of Kenai to le~.e¥ t'i~e!ands ,.to)Jibe Kenai Native ASso..ci~.ti~" "' · · Motio~ t~-t it is the intent of the City of Kenai to ente~ i~a FIFTY FIVE (55) year tidelands lease with o_t~'"__.~,:'.~_,.__. ' renew with the Kenai Native Association, Inc., upon determination of ..... - .... -,,v.a!ue--.a~4,~ubJect ~t.o .the,recording of the plat of the following de- ,''" ~i,' ' ",~"'T:' ","-'-, '.'~-' ,:~,":.-,' ~ '." :'- .,~ ~',.~,' ~'-~.-: .:.,'-.:. :,.~, , ,-.: '" , ... : ,,~ ,.. ' '- ~bed .t ~d~,,~and -:,~-~-~-- ..... . ..'.'Tract. ,f.;A;f.o~, Alaska Tidelands Survey Number 272. ,. ,.... .' .:..,...:....:.. ~ LEASE OF AIIIPOIIT LANDS ¢)R FACILITIES TillS AGREEMENT, entered into this day of .{ 19__, by and between the CITY OF KENAI. n home-~u-'"~--e municipal corporation tjof Alaska, hereinafter called "City". and __Raven Transit. /.~d. . hereinafter ealled-"~esse~;'. · . That the City, in consideration of the payments of the rents end !. the performance of all the eovennnts herein contained by the Lessee, does , hereby demise and lease to the Lessee the following deset, ibed property in the i. Kenal Recording District, State of Alaska; to wit: }! Lots 7 and 8, Old Aircraft Apron, Kenai Municipal AirPort, :' ss described in that certain Quitclaim Deed from the USA i to the City of Kenai, filed in Book 27 of Deeds at Page 303, Kenai Recording District, Third Judicial District, : State of Alaska and including the hangar and any improvements . thereon. II Term: The term of this 20 eommenalng on the-~l s___tday of NovemberLease is for, 1978 , tom°nthStho 30~day of !; .June __, 1980,attheannualrentalo'f$ 600.00 .. Pal~nent: Subject to the terms of General Covenant No. I0 of i: this Lease, the rental specified herein shall be payablo as follows: :' (s) Right of entry and ocoupnney is authorized as of the ls t ii day of November, .19."8, and the first rent shall be computed from such t: date until Juna 30, 1980- , at the rate of $ 1.64 ii days, equals $. 4 .(~'~now due. pel~ day for 245. (b) Annual rent fro' the fiscal year 'beginning July 1 and ending June 30 shall be payable in advanee, on or before the first day of July of each be prorated, ' (e) Rental for any peldod which ts less than one (1) year shall based on the rate of the last full yea~. (d) The rent specified herein is calculated as follows: 15~ 000 square feet at $ .04 pe~ square foot per year, or $ ~oo. oo .per yea~. In addilton to the rents specified abo~e, subject to t'lene~al Covermnt No. 10, the Lessee a~ees to pay to the City fees as hereinafter provided: (a) Assessments for public improvements now benefiting property in ~e amount of $ n/a . (b) Applicable taxes to leasehold interest or other aspects. (e) Sales Tax now enforced or levied in the future. (d) Lessee agrees to pay all assessmet{ts levied In the future by ~he City of Kenal, as if Lessee were considered legal owner of record of leased ~prope~. (e) Interest at the ~.ate Of eight percent f8%) per annum and ten  eent (10%) penalties on any amount of money owed under this Lease which not paid on or before the date it becomes due. Additional ehorges aa set forth in Sehedule A, attached. Revision 4/$9/76 .1 Plge On.e, LF. ASE I[I Tho purl)oleo for whJuh tills Leas. Is Issued IIII III maintenance shop ({ENI-.'RA L COVENANTS I. Uses: F. xcopt ns provid~.d h,.r~.in, any regular uso of lands ,tm fro, tittles wtthottt thc~'riiJ.~{ consent of [i~e t ity zs pro~tbited. This prohibition shell not apply to use of areas designated by tho City for so.titled publio uses, such as passenger terminals, nutomobil~ Dnrkin~ a~oas and streets. 2. Uses ~nt Contemplated ",'nhibitPd: Solicitation of donations o~ the promotion or operation (ff ~lny t)~rt nr kin,I of husin~e~ ente~uise, other than as speoifimillv set forth ho-Pin, upon, h{ ou above al~po~l lands, without the written consent of the ~ity is .tohibti~d. 3. {mpoundin~ of Prnnortv: Any nu all ~e~na] placed or used u~n Innds ou in facilities in viol;dion or uPohibitions may remov~ and/or im~unded by the City, and when ~ re~oved and/or tm~unded, such property may bo redeemed by the owner ther~f onlv uson the payment to the City of the costs of removal plus storage charges of $I .fi0 per day, or S5.00 per day in tho ease of each building or each aircraft in ~eess of 6,000 pounds g~ss weight, or in the ease of ~ny other kind of property, an amount not to exceed $5.00 per day, or in accordance with highe~ fees as may be ineor~rated tn~ re~lations of City's Airport. 4. Co~itment for Rant and Von-Assiqnment: Lessee a~ees ~ pay the annual renal ~d f~s specified and not to asst~ this L~ase or ~y part, nor let, nor sublet, either by ~ant or implication, th~ whole or any part of the p~emises without w~i~en consent of the City, which ~sent ~ be obeyed pursuant to the'fOllowing pP~edure: (a) Submttt~ to, and appr~ of, propos~ lees~ ~ansf~.by ~e ge~i Planning Commission. ~) ARe~ approval by the ~nni Planning ~mmlmsion, final lpp~ of ~ansfer by the Ct~ ~,. ~Y ~si~ment tn violation of this ur~tsion shall be void, ~d '. ~ ~ ~ounds for ean~e~a~on of this ~se by the ~es e~e~ an~ Jn g~ otde~ at its own expense, ~e~nR no ~ wa~e ~et~, aot temovtn~ any mate~ta~ therefrom, without written ~: ~e~mlss~on o~ ~e City. At ~e expt~atton of the term f~ed, i denaturation ot ~e ~ease, ~e ~essee w~ p~eeably and qutetZy qutt Jj ,u.~er ~e p~mises ,o me City. JJ 6. ~a~ent of Rent: Checks, bank drafts or ~l mon~ ord~s ~. s~l bo mad~ payable ~ thc City of Ke~i, and dellver~ to the City ~. C~n~t~ctton A~roval and ~tandards: Butldin~ ~nst~ctton s~ be n~t and presen~bl~ and co~patfbl~ with its us~ 8nd s~round!~,~. Prior lo placin~ of fl~ material and/or ~nst~ction of buildfn~ s~, thc Lessee s~l ~bmtt a plan of propo~od d~vclopm:~l of p~per~ . ~e City Plannfn~ Commission which s~ ~ approved ~ writ~g for pe~t Improvements. Two, LF.~SIT. Re~lsion 4129176 CITY OF KENAI ~ovember 8~ 1978 MEMO TO: John Wise, City Manager Keith Kornelis, Director of Public Works What's Happening Report for City Council Meeting on November 15~ 1978. WINTERIZATION OF WARM STORAGE BUILDING Bids for the Winterization of the Warm Storage Building were opened on October 26, 1978. The job was awarded at the City Council Meeting on November 1, 197R to Brown Construction Co.,Inc. Arnold Myren of EDA has given us the go ahead to issue the Notice to Proceed. We have had a pre-construction conference with Brown Construction Co.; Mike Tauriainen, Engineer for the project; Keith Kornelis; and Bill Nelson, City Engineer. The conference was held to exchange ideas and information which will enable the project to be completed smoothly and without undue complications or costs. The contract hopefully will be signed and all necessary bonds will have been secured by this Council Meeting. Construction time for the first phase of the project including excavation, backfill, and concrete slab construction should be about two weeks. Completion of some portions of the- project will be next spring after breakup. WARM STORAGE LEASE The blukluk Building which has been leased by the City for temporary winter storage has been occupied. Currently the City Street Department has stock piled sand for street sanding operation: and heavy equipment in the building. WELL tlO~SE NO. 2 - COLOR ANALYSIS We have contacted Nalco to see about testing the water from Well ltouse No. 2. We will be comparing the results of this test with those of previous tests in order to determine if there has been any noticeable change in the clarity of our water. We are sending water samples to Harold Galliet who wi]l provide testing to see if an Ozone Bleaching Process wil! eliminate the color from the water. .% Memo to John Igise Page 2 November 8, 1978 DEEP WOOD PARK -CURB AND GUTTERS ~e have spoken with Doug Taylor regarding the posting of a bond for curb and gutter replacement in order to obtain snow removal services from the City of Kenai. Ne have determined that a bond of $80,000 would be necessary to insure that adequate funds would be available for curb and gutter reconstruction. This price was arrived at by using price quotes from the 1977 Street Improvements bid. Computations are as follows: Construct 5,731 lineal ft. PCC Curb i Gutter $12.00/lin.ft. Remove 5,731 lin.ft, existing PCC Curb Gutter estimated 2.00/lin.ft. 5,731 x $14.00 = $80,234.00 $14.00/lin.ft. Mr. Taylor noted that some of the S,731 lineal feet has already been reconstructed at a rate of $8.S0/lin.ft. 1977 STREET IMPROVEMENTS The City Engineer has verified quantities for extra paving on Redoubt Avenue in the amount of 89 square yards. STREET DEPARTMENT Construction of a new sludge pit is continuing with the street crews obtaining logs and excavating. The motor grader is continuously being used to blade streets as weather permits. Birch Street has been crowned and a drainage ditch has been started along ~alker Lane. City dump trucks have been filled with sand and fitted with plows to assist with snow removal this winter. Sanding of the streets and Airport has begun. SHOP ' Repairs and maintenance have continued along with ~interization of the City fleet. A new Turret Pump was installed on the Crash Truck and brakes and pump linkage have been repaired on the Fire Truck. A new AM radio has been installed in the Senior Citizens' van. Doyles Fuel Service has been notified to begin delivering No.1 stove oil in place of the No. 2 Diesel due to the tendency for No. 2 Diesel to gel in cold weather. Page 3 November 8, 1978 WATER AND SE~ER DEPARTMENT Air lines and drain lines have been run to the Warm Storage Building in preparation for th~ upcoming coas~ruction project. Our crews have been working on the underground Nell House installing a valve to be used for draining the 3 Million Gallon Storage Tank. Also, the crews hve been working with R-Lee Seafoods disconnecting the old Sewer Treatment Plant and repairing broken water mains. Four hours of unscheduled overtime were paid to one of our water and sewer personnel for assistance given to a local contractor when he broke a water main. The contractor will be billed for the overtime pay. BN/jet CYCLO BLOWER FOR SE~ER TREAT~fENT PLANT Bids were opened on this equipment on Thursday, November 9, 1978 at 2:00 p.m. See attached memo. CITY OF KENA! ¥ P. O. BOX S80 KENAI, ALASKA 99611 November 9, 1978 MEMO TO: FROM: SUBJECT: Keith gornelis, Director of Public Works Bill Nelson, City Engineer Cyclo Blower for Sewer Treatment Plant Bids were opened at 2:00 p.m. November 9, 1978 for the Gardner Denver Blower £or the Sewer Treatment Plant. This blower will be used as a backup unit for our existing blowers in case o£ a power outage occurs while one o£ our auxiliary blowers is out o£ service. The bids are as follows: Company .:..-.~ ..:~,. / Contractor' s Equip. Corporation Stolt 'Electric Supply, Inc. " ~laska Industrial Sales, Inc. Lynnwood Equipment, Inc. Bid '" ' $$,9~85.00 F.O.B./STP $4,1!;0.00 F.O.B./STP F.O.B./STP $3,785:00F.O.B./STP Since all of the suppliers were bidding on an identical piece of equipment, I recommend that the lowest bidder, Lynnwood Equipment, be awarded the contract. BN/jet