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1978-12-06 Council Packet
I I I II COUNCIL PACKETS DECEMBER Kenai City Council Meeting Packet December 6, 1978 AGENDA KENAI CITY COUNCIL - RI.:GULAR .MI-:ETING DECEMBI.:R 8, 1.078 - 7:00 P.M. KENAI PUIILIC SAFETY ltlhLi)INO PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL Bo llEARINGS I. Ordinance 447-78. Declaring certain bull(ting.; & relah.d equipment & msterial~ ~:urplus 2. Ordinance 450-78, Providing for Special l'leetlon relative to Charter nm~mdmants 3. Ordinance 451~78. Increasing e~tmated revonues/np~)rouriattons tn the amount of t20,000 4. Ordinance 452-78. Increasing estimated revenue~/a~propri,tt.m~ in the ..mnunt of ~50,000 5. Renewals of retail ~ beverage dispensary liquor lfeenses- F~town a Larry's Club C. PERSONS PRESENT SCHEDULED TO BE BFARD 1. Representatives from Trust Departmant of Nfltional Bank of Alaska relative to die,salons of advantages of sale of City owned lands l. Minutes of the re~l~ meeting of Nov~be~ 15, 1978 E, CORRESPONDENCE OLD BUSINESS 1. Payment to MeLane & Associates 2. Lease of Airport Lands ~ Raven Transit G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Requisitions exceeding $500 3. Ordinance 453-78, establishing Capital Project Fund "Water & .~cwer Lines" 4. Ordinance 454-78, increasing e~timated revanues/appropriation£ by .~ 315,325 in the Capital Project Fund "Facilities Design" 5. Resolution ~8--194, supporting the Kenai Pentnmfla Community CoIle~e 6. Resolution 78-195, t~ansfer of funds for iaasie ?'star Training Course ?. Resolution ?1~-196, authorlztn~ signing of contract for design & ung~ade of Sewer Treatment Plant 8. Resolution 78-197, transfer of funds within I.PW Projects .~~...~_l~eso fur ion 78-198, t ran star of funds for repair of st feet lit~hts esolution 78-199, accepting the audited financial report of the City FY .:nding Juno 30,197,'. // ~ ~.~.Resolutton 78-200, transfer of funds for overtime - Finance Department ~. ,, ~?~.....~..2 _Resolution 78-201, grant of ingress and egresr of the VOR-.~oose Range Road ~/~ ~ 13. Resolution 78-202, accepting Deed of Release from FAA on Tract D-6 ' 14. Resolution ?8-203, rezoning of tract in Valhalla tleights Subdivision, Part I 15. Resolution 78-204, supporting application of Bishop Bros. to operate an air taxi ~ervtee in the Kenat area ]6. Renewal of City of Kenal umbrella coverage l~Periodie Pay Estimate #$ and #1 - Brown Construction ~_ ' 0 t~ _.~18~ Payment to Coopers t, Lybrand - Annual Audit / ~~ '~9. Payment to Mike Tauriainen, consulting engineer f_//v 20. Payment to MeLane & Associates 21. Payment to Project Managers Alaska, ina. 22. Payment to Ri.X! Consultants, Inc. - quality control testing ~ ..23~Payments to Ted Forsi a Associates yL~-~iaeusaton -/Lb, port Ski Strip H. REPORTS ' !. Cf · Managm' , 2. City Attorney /p ~ ~. Mayor 5. Finance. Director 6. Planning & Zoning Commission ?. Kenal Peninsula Borough Assembly QUESTIONS l, COMMENTS - ~IAYOR & COUNCIL PERSONS PRE,~ENT N'OT SCHEDULED TO BE BEARD ADJOURNMENT ~' 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 CON- CERNING 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 Kenai'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 if appropriate aid to industry as authorized by State and Federal law is proffered, and WHERE~S, such aid to industry as contemplated by the City is not to be an obligation of the financial resources of the City, and ~ ~_c~ WHEREAS, ~O ~~industry '~l~_~er~ the siting of industrial fac~ties in or eak~the City of Kenai, and WHEREAS, to be responsible to A~PETCO+~ needs, a~arly determination of the City's ability to support ~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 13, 1979, for the sole purpose of the submission of the proposition set out in Seotion 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 2 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 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 general 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 indebted- ness 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, 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 ~. v ~Revenue bonds issued to pay the cost/6f a facility to be used by ten (10) customers or lesWmay 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 regulated by home-rule cities, shall be in effect in this city only insofar as they are applicable and are not superseded by this charter or by ordinance. p ~J - Ord. 450-78, page 3 Section Since all o~ the above suggested cnarter amendments must be made in order to accomplish the purpose intended, the above question shall be treated as a single proposition to be answered "yes" or "no" by the voters. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk First Reading: November 15, 1978 Second Reading: December 6, 1978 Effective Date: January 6, 1978 CITY OF KENAI ORDINANCE #451-78 AN ORDINANCE OF THE COUNCIL OF TIIE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND AI'PROPRIAT1ONS IN THE FEDERAL REVENUE SHARING SPECIAL REVENUE FUND BY $20,000, WHEREAS. the City of Kenai is in need of improvements to its ~nimal shelter, and WHEREAS. based upon information from the Il. S. Department of the Tx. easury, adequate funds will be available in the form of Federal Revenue Sharing for these improvements, and WHEREAS, proper aeeounttng 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 Increase Estimated Revenues: Federal Revenue Sharing $20,000 Increase Appropriations: Transfer to General Fund $ O,ooo General Fund Increase Estimated Revenue: Transfer from Federal Revenue Sharing Fund $20,000 Increase Appropriation: Animal Control-Building $20,000 PASSF, D BY THE COUNCIL OPKENAI, ALASKA this 6th day ofDecember, 1978. ATTEST: Sue C. Peter, City Clerk Approved by Finance: VINCENT O'REILLY, MAYOR First Reading: November 15, 1978 Second Reading: December 6, 1978 Effective Date: December $, 1978 CITY OF KENAI ORDL,A,,CE #452-78 AN ORDINANCE OF TIlE COUNCIL OF TIIE CITY OF KENAI , ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN TIlE FEDERAL REVENUE SHARING SPECIAL REVENUE FUND BY $50,000. WtlEREAS, 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, and WHEREAS, based upon information from the U .S. Department of the Tre,~sury, adequate funds will be available in thc 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 Increase Estimated Revenues: Federal Revenue Sharing $50,000 Increase Appropriations: Transfer 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 TIlE CITY OF KENAI, ALASKA THIS day of December, 1978. 6th ATTBST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: First Reading: November 15, 1978 Second Reading: December 6, 1978 Effective Date: December 6, 1978 JAY S. HAt~IIOND, AOV[flNOR ALCOHOLIC BEVERAGE CONTROL BOARD 201 EAST 9TH. A VENUE ANCHORAGE, ALASKA 99501 November 21, 1978 Ms. Sue C. Peter City Clerk City of Kenai Box 580 Kenai, Alaska 99611 Dear Ms. Peter: The enclosed application for renewal is for your consideration. RETAIL: FOODTOWN LIQUOR; Foodtown Liquor, Inc.; Willow Street; Mail: P.O. Box 2941, Kenai. If you choose to protest under AS 04.10.270, you must submit a statement of tssbes within 30 days plus 10 days for reasonable mailing time. If we do not receive a response, the Board will assume you have no objection to the issuance and will take final action on the application. Thank you for your consideration. Very truly yours, Records and Licensing Supervisor BLC:dg Enc. ALCOHOLI¢ SEVERAGE CONTROl BOARD MY $o IIAI~fOND, 201 EAST 9TI-I. A VENUE ANCHORAGE, ALASKA 99501 November 17, 1978 ~. Sue C. Peter City Clerk City of Kenat Box 580 Kenat, AK 99611 Dear Ms. Peter: The enclosed application for renewal is for your consideration. BEVERAGE DISPENSARY: LARRY'S CLUB; G.C. and OD Oarvis; Mile ! North Spur Road; Mail: Box 8312. If you choose to protest under AS 04.10.270, you must submit a statement o¢ issues within 30 days plus 10 days for reasonable mailing time. If we do not receive a response, the Board will assume you have no objection to the issuance and will take final action on the application. Thank you for your consideration. Very truly yours, BLC:dg Enc. Be Ce Ge AGENDA ]GSNAI CITY COUNCIL - REOHLAR MEETING NOVEMBER 15, 1978 - 7:00 P.M. KENAI PUBLIC S^FE'rY BUILDING PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL HEARINGS 1. Ordinance 445-78, appropriating $3,477 - purchase of road grader 2. Ordinance 446-78, increasing estimated revenues/appropriations by $4,500 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 $182 in the Capital Project Fund entitled "Forest Drive T~'aterline" PERSONS PRESENT SCHEDULED TO BE IIEARD 1. Dr. John Wilsey - Kenai Peninsula Commt~nity College 3. Mr. Jim Bishop - Air T~i Certification 4. S~. Robert T~adar - N~tion~ Guard MINUTES I. Minutes of the regular meeting of November 1, 1978 CORRESPONDENCE OLD BUSINESS 1. Ratification of telephone poll - award of engineering contracts to t~'ince-Corthell 2. Ratification of telephone poll - relocation of Department of Revenue & approval of lease 3. Resolution 78-185 - authorizing contract for engineering services NBW BUSINESS 1. Bills to be paid - bills to be ratified 2. 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 7:00 P .M. 4. Ordinance 450-78, providing for the submission of Charter amendments to the qualified voters of the City of Kenai at a special election to be held February 13, 1979 6. Ordinance 451-78, increasing estimated revenues/appropriations in thc Federal Revenue Sharing Fund by $20,000 6. Ordinance 452-78, increasing estimated revenues/appropriations in the Federal Revenue Sharing Fund by $50,000 AGENDA, Page Two ~. Resolution 78-186, appointing the City ~ianaffer as Land Sel~.etton Agent for AS 29.18 9. Resolution 78-187, transfer of funds to provide fo~' cost of services of a bonding attorney 10. Resolution 78-188, transfer of funds to provide monies for PMA & MeLane billings I1. Resolution 78-189, transfer of funds to provide monies for higher po,~ta~.o, costs - Library 12. Resolution 78-190, transfer of funds for purchase of Liquor Leffal Liability insurance 13. Resolution 78-191, awarding contracts for a Gal, dner~Denve~' Blower for Sewer Treatment Plant 14. Resolution 78-192, transfer of funds for repair of street lights and cost of repairs to ~itizen*s vehicle that was damaged by n City vehicle l§. Resolution 78-193, authorizin~ grant application for design of upgradin~ of the ,Sewer Treatment Plant and Ancillary items , 15. Payment to Pro~eot Managers Alaska, Inc. l?. Payment to MeLane and Associates 18. Contract Change Order - Brown Construction - Lupine/Fern Prelect 19. Lease of Airport Lands or Faeilities- Rayon Transit 20. Discussion - Kenai Native Association Tidelands lease application REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning Commission ?. Kenai Poninoula Borough MAYOR & COUNCIL - ~UESTIONS AND COMMENTS I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT KENAI CITY COUNCIL - IIEGUI,AII MEETING · ~OVEMIIER 15, 1978 - 7:00 P.M. gF, NAI I'UBLIC SAFETY BUll,DING MAYOR VINCENT O'REILLY PIIESIDINtq PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Edward Ambartan, Betty Gltek, Res ~olston, Vtnee O'Retlly, l~iehsel Seimmn, and Dan :?helen Absent: Phillip Abet AGENDA APPROVAL Mayor O'Reilly requested that the agenda format be changed ~,s follows: Add item G-15 under "Persons Present .qchedulod to be U~.~rd"; change C.-4 to reed Lt. Jackson; delete C-2 which will be discussed under "City Manager's Report" and delete item G-7. Council so concurred B-l: IlEARINGS Ordinance 445-78, appropriating $3,477 - purchase of road grader Mayor O'Rcilly read Ordinance 445-78 by title only. "An ordinance of the Council of the City of Konat appropriating $3,477 of Federal Revenue Sharing funds for tho purchase of a road grader." Mayor O'Reilly opened the hearing to the public. There was no comment. MOTION: Councilman Malston moved, seconded by Councilman Seaman, for adoption of Ordinanoe 445-78, appropriating $3,477 for the r~urchsse of a ~'oad B-2: Motion passed by roll call vote with Councilman l~helan voting no, Ordinance 446-78, increasing estimated revenues and appropriations Mayor O'Reilly read Ordinance 446-78 by title only. "An ordinance of the Council of the City of Kenai increasing estimated revenues and appropriations in the amount of $4,500 and creating the Capital Project Fund entitled "Facilities Design". Mayor O'Reilly opened the meeting to the public. There was no comment. November 15, 1978 - Page ~'~)TION: , . Guuncilm.,n .A~..-1,arian moved, aoeon(led by Cmmeilwoman Oliek, for adoption of Ordinance 446-7~ increasing estimated revenues and appropri.iion.~ in thc amount of $4,500 "Facilities Ih:sign" project. B-.3: Motion passed unanimously by roll call vete. Ordinance 447-78, d(:elsrlng certain buildtng~ surplus Mayor O'Reilly read Ordin.nc(, .I.17--7fl by title only. "An ordinance of the ~ouncil of tho City of genai declaring the following building~ and related ecjulmnent and materials ~urplus." Mayor O'Reilly opened tho heoring to the pt~blie. Ther~ was no comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Click, for a~option of / Ordinance 44?-78, declaring certain buildings ,nd related equipment surplus. Councilwoman Gltek advised that at tho last meeting, questions were raised relative to tho City Parks Dopa~mont using tho lime listed in the ordinance and, in addition, much discussion was held as to whether or not the building could be relocated into the City shop yard for additional storage, etc. MOTION - TABL~ Councilwoman Gliek moved, seconded by Councilman Whelan, to table Ordinance 447-~8, until such time the Administration and Public l~,orks Department have submitted a ropo~ to Counoil relative to tho questions raised on use of ee~ain items li~od ~ tho o~dinaneo and relocation of the well building. Motion passed unanimously by roll call veto, Ordinance 448-78, increasing estimated revenues and al)propriations Mayo~' O'Reilly read Ordinance 448-78 by title only. "An o~dinanee of the Council of tho Ci~ of Kenal increasing e~imated r~enues and .p~ro~riatons in the amount of $182 in tho Capit~ ProJ~t Fund entitled "Fo~est 9Mve Waterline". Mayo~ O'Reilly opened tho hea~ing to the public. There was no comment. / MOTION: Councilman Mai stoa moved, seconded by Councilman Ambartan, for adoption of Ordinance 448-78, increasing estimated revenues and appropriations by $182 in tho Forest Drive Waterline project. .D Motion passed unanimously by roll call vote. November 15, 1978 - Page 3 Ce G~lS.. PERSONS PRESENT SCIIEDULED TO BB IIEA!ID Resol,tion 78-193 Mayor O'Retlly read Resolution 78-193 by title only. "A resolution auth¢,rizinff the grant appltc~tion for design of upgrading the .~ewer Treatment Plant and ancillary items, Step II." Mayor O'Reilly opened the meeting to the ~ublie. Where was no comment. MOT ION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 78-193, authorizing grant application for the design of upgrsdtng the Sewer Treatment Plant. Motion passed unanimously by roi1 call vote. C. PI~RSONS PRESENT SCIIEDULED TO BE IiEARD C-l: Dr. John Wilsey Dr. John Wilsey, President of the Kenat Community College, briefed Council on the growth of the College and advised that the KPCC is the largest rural college in Alaska and compared with 545 persons enrolled in 1976, the college had I, 400 enrolled in 1978. Dr. Wilsey advised that one out of twelve persons in the area wore taking courses of some type at the college. Dr. Wilsey did stste that,the college was having. financial difficulties and asked for Council consideration for the City expressing some form of support for the college, Dr. Wilsey concurred with an inquiry from ~,layor O*Reilly in that a regent appointed from the area would be hig',hly beneficial and the Governor has indicated that when a vacancy does exist he shall consider an apootntment from the Kenai Peninsula. Council directed that the City Attorney prepare a resolution supporting the efforts of the Kenai Peninsula Community College for presentation at the next meeting of Council. C-3: Mr. Jim Bishop Mr. Bishop advised Council that his firm had been operating a C-47 out of the Soldotna Airport for the past three years in the service Of the fishing industry. ~Ir. Bishop renorted that he had applied for le~se of Kenat Airport lands north of the existing Terminal some time ago and was awaiting development when the land became available. In the interim, Mr. Bishop advised that his firm had applied to the Alaska Transportation Commission for certification to operate an air taxi and maintenance service and would request support of their application from the City of Kenai. Mr. Bishop stated that he would not be in competition with local operators as no other operator had as heavy an aircraft. Mr. Bishop advised that tn,.. hearing will be November 20th and 21st and also stated that the Soldotna Mayor would be in attendance at the hearings to offer testimony as well as the City of Homer has sent a letter of recommendation to be presented at the hearing. No~ember 15, 1978 - Page 4 MOTION: Councilman Ambarian moved, seconded by Councilman l'~helan, that the City Attorney be directed to draw up the px'oper resolution and statement of support I)er Mr. Bishop's request for submission at the hem'inffs eonch,ot,~a by ^]~!::t Trnnspc;.!ntian Commission and also fox, the Mayor to be in attcndance if at all possible. Motion passed unanimously by roll call vote. Council suggested that the Public Works Committee from Council review the staten, ent prior to sending it on to the ATC. C-4: Lt. Jackson ,0 Lt. Jackson, representing the National Guard, advised Council that he had gone before the Planning Commission and they in turn advised that the Guard come before Council to request City a.' ~?:tance in obtaining a suitable I)laee for the Guard to operate their tracks. Lt. Jackson stated that the Ouard'.~ federal mission was to secure and defend the Kenai ~qunieipal Airport, however, with the ]ack of training area, Anchorage head- quarters have advised that if a suitable training ground is not located, the tracks would be moved to either }~omer or Anchorage. Councilwoman Glick advised that at the meeting of the Planning Commission, former City Manager ~oland Lynn stated that the original agreement between the City and the Guard was that the City was to provide egress and ingress to a training area and it was also the consensus of opinion that the Guard did contribute to the economy of the area and it would be beneficial to assist them in obtaining a suitable training site. City Manager Wise suggested an area on the Airport lands off Marathon l~oad. Council directed Administration to proceed with arrangements to determine lands available for use by the National Guard for a proper training area. D. MINUTES D-l: Minutes of the regular meeting of November 1, 1978 Approved as distributed E. CORRESPONDENCE ~.-1: State Department of Transportation City Manager Wise advised that a public hearing will be held December 7th relative to the reconstruction of Willow Street. Mr. Wise reported that all lessees of lands along Willow Street will be duly advised of the hearing. Kenai Utility Service Corporation ' Mr. Wise reported that he had received correspondence from .~.'r. Thomss with KU,qCO who wished a determination from Council on the remaining claim in the amount of $678.85. November 15, 1978 - Page 5 MOTION; Councilman An~barian moved, seconded by Councthvoman Glick, that as the City of Kenai has officially settled the claims as submitted by Kenai Utility Service Corporation, the additional claim in the amount of $678.85 shall be absorbed by I(USCO and the Gi[~ will not be liable for ~ addl, ..... ~I claim.~ as submittcd by KUSCO. Motion passed unanimously by roi1 call vote. E-3: Division of Lands City Manager Wise reported that in further investigating the situation of ownership of the Kenai Cemetery, Administration has found that the City had asked for transfer of title some time ago but as of this date the matter has not been concluded, lit. Wise further reported that in conversations with BLM, a protest from a local native association had been submitted relative to the transfer of the lands to the City and this matter must be resolved prior to any further action on the transfer. MOTION: Councilman Ambarian moved, seconded by Couneilwom.n Glick, to direct &dministration to pursue the matter of transfer of title of cemetery lands to the City from the Bureau of Land Management. Motion passed unanimously by roll call vote. OLD BUSINESS Ratification of Telephone Poll MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for ratification of award of engineering contract in the amount of $71,000 to Wince-Corthell & Associates for the bridge access and Beaver Loop projects. Councilman Whelan stated that he would request less telephone polls as Council is not given the opportunity to discuss the issues prior to voting. QUESTION: Motion failed by tie vote, Voting no; Ambarian, Seaman and P~helan. Gltek, Malston and O'Reilly. Voting yes; Councilwoman Glick questioned the validity of the vote as the telephone poll resulted in approval of the award of the contract and the item on the agenda was for ratification purposes only. F-2: Ratification of telephone poll MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for ratification of telephone po11 authorizing the relocation of the Department of Revenue into a facility owned by Kenai Steel Buildings for a term of eight months at a rate of $221.25 per month. Motion passed by roll call vote with Councilman Ambarian voting no. November 15, 1978 - Page 6 F-l: RECONSIDERATION Councilwoman 0lick inquired if the Attorney would p,'ovide an opinion relative to the reconsideration of the matter of the awarding of eonh'not.~ f~' sp~o{flo o;Lo;ipo,,~,tng projects to Wtnce-Corthell as the matter had passed during the telephone poll and it was now apparent that one member of Council had changed his vote. City Attorney Schlereth suggested that reconsideration be of the original action. Councilman Seaman advised that it was he who had changed his vote as he did not understand the request during the telephone poll and, would, therefore, request that his original vote be changed. Councilman l?helan reiterated his comments relative to the fact that telephone poll votes were not adequate as they did not allow discussion and pertinent information to be submitted for consideration. City Mnnager IVi6e stated there may be a lcgnl problem with non- passage of the award of contract and also reminded Council that tho F, rnnt ap~)]ie~,tton must be completed by February. MOTION: Councilman Seaman moved, seconded by Councilmsn Ambarian, for reconsideration of ratification of telephone polI, award of engineering contracts. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilwoman Click, for approval of ratification of telephone poll for award of engineering contraci to ?:ince-Corthell & Associates in the amount of $71,000. Motion passed by roll call vote with Councflmembers lt'helan and Ambarian voting no. F-3: Resolution 78-185 Mayor O'Reilly read Resolution 78-185 by title only. "A resolution authorizing a contract for engineering between the City of Kenai and the below mentioned engineering firms." Mayor O'Reflly opened the meeting to the public. There was no comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 78-185 awarding the engineering project for the bridge access project in the amount of $26,000 and Beaver Loop project in the amount of .$45,000 to Wtnce-Corthell & Associates. Motion passed unanimously by roll call vote. G. NEW BUSINESS G-l: Bills to be paid - bills to be ratified .~MOTION: / Councilman Ambarian 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. November 15, 1978 - Page 7 ~,G-2: Requisitions ~xceeding $500 MOTION: Councilman Whelan moved, seconded by Couneilxvoman Gliek, fei' approval of items listed under requisitions exceeding $500. Motion passed unanimously by roll call vote. G-3: Appointment of consultants for Comprehensive Plan Planning Commission Chairman Sol Rayn-,f, nd advised Council, ariel' tile Oresentations prior to this evening's Council meeting, that his committee had reviewed erich of the proposals from tIabttat North, TRA/Farr, m~d R. Ix'. Thorpe & Associates and have con-- eluded from the materials submitted that R. W. Thoroe & Associates be recommended for the City of Kenat Comprehensive Plan. MOTION: Councilman Whelan moved, seconded by Councilman Ambartan, that the Council hereby recommends R. W. Thorpe & Associates to thc Borough for selection as the consultants in the development of the City of Kenat Comprehensive Plan. Motion passed unanimously by roll call vote. · - '.O-3(a) Ordinance 449-78 Mayor O'Reilly read Ordinance 449-78 by title only. "An ordinance amending the Code of the City of I(enal to increase the 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 non- emergency ordinance from its introduction remains tx~o weeks." MOTION: Councilman Ambarian moved, seconded by CouneiIwan .qea~an, for introduction of Ordinance 449-78, amending the Code of the City of Kenat. Councilman Ambarian stated that he requested the oroparation of this ordinance to try to alleviate the late meetings which may be discouraging the public from attending. Counci!.~aan Ambarian further commented that with the increase in matters being presented before Council, it is becoming more and more apparent that additional time will be required to complete the order of business in a more timely mnnner. Councilman I"helan stated that he agreed with the intent of Councilman Ambarian's oroposed ordinance, however, Councilman Whelan stated he did not feel that a Council meeting once a week would resolve the problem of long meetings. Councilman l'~helan further commented that the Council has the problem of extending the meetings as this Council is doing too much administrative work and should be doing more policy making. Councilman l~nlston stated that he also would oppose the ordinance, however, would concur with a trial period of perhaps 30 to 60 days of weekly meetings to determine if the situation would improve. Councilwoman Glick stated she concurred with remarks of Councilman Whelan and stated she felt the Council should meet the problem ereas "head on" and resolve them, therefore, would be opposed to the ordinance as presented. WITHDRAWAL OF MOTION With consent of second, Councilman Ambarian withdrew his motion for introduction. November 15, 1978 ~ Page 9 (]-8: Resolution 78-186 MayOr O'Reilly read Resolution 78-186 by title only. 'A resolution appointing the City Manager as Land Selection Agent to aci in the Ciiy:.~ bch,,lf u~dt',' AS 29.18." Mayor O'Reilly opened the meeting to the public. There wns no comment. MOTION: Councilman Ambartan moved, seconded by Councilwoman Click, for adoption of Resolution 78-186, appointing the City l~/~anager as Land Selection Agent. Motion passed unanimously by roll call vote. G-9: Resolution 78-187 Mayor O'Reilly read Resolution 78-187 ~ "Transferring funds in the amount of $1 ,fl00 to aid in the cost of services of a bonding attorney as authorized by the City ~,ounetl.' Mayor O'Reilly opened the meeting to the public ~nd there was no comment. MOTION: Council man Whelan moved, seconded by Councthvoman Click, for adoption of Resolution 78-187, transfer of funds in the amount of $I, 000 for services of a bonding attorney. Motion passed unanimously by roll call vote. G-10: Resolution 78-188 Mayor O'Reilly read Resolution 78~188 - "transferring funds in the following LPW Projects (Street Improvemo, nts- $426; Redoubt Way ~ $2,400; and l'later & Sewer Lines - $672) to pay for surveying bills." 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 78-188, transferring funds in the above mentioned LPW Projects to cover surveying bills. Motion passed unanimously by roll call vote. G-Il: Resolution 78-189 Mayor O' Reilly read Resolution 78-189 - "Transferring funds in the library budget in the amount of $450 to provide for higher postage costs than originally antictpated~' Mayor O'Reilly opened the meeting to the public and there was no comment. November 15, 1978, Page 10 MOTION: Councibnan Seaman moved, seconded by Councilman l"helsn, for adoption of Resolution 78-189, transfer of funds in the amount of $450 in tho Library Budget additional pc~t~gc costs. Motion passed unanimously by roll call vote. 0-12: Resolution 78-190 Mayor O'Reilly read Resolution 78-190 - "T~-ansfer of ftmds in the Terminal I{udF, ot in tho amount of $4,001 to purchase Liquor Legal Liability insurance policy for tho. Airport TerminaU' MOTION: Councilman Seaman moved, seconded by Councilman Whelan, for adoption of Resolution 78-190, transfer of funds in the amount of .$4,001 for the purchase of Liquor Legal Liability insurance policy for the Airport Terminal. Motion passed unanimously by roll call vote. 6-4: RECONSIDERATION MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for immediate reconsideration of Ordinance 450-78, Charter amendments. Motion passed unanimously by roll call vote. MOTION - AMENDMENT Councilman Malston moved, seconded by Councilwoman Olick, for the following amendment under Section 6-3 (Revenue Bonds):" ....... and ratified at an election by a majority of those qualified to vote and voting on the question." "Revenue bonds issued to pay the cost of a facility to be used by ten (lO) customers or less may be authorized by the Council without an election if the debt is payable solely by the users." Passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. (t-13: Resolution 78-191 Mayor O'Reilly read Resolution 78-191. "Awarding contracts for a Gardner-Denver Blower for the Sewage Plant and the following bids were received: Contractor's Equipment Corporation - $3,985; Stolt Flectric Supply - $4,150~ Alaska Industrial Sales $4,674 and Lynnwood Equipment - $ 3,785." Mayor O'Reilly opened the meeting to the public. There was no comment. City Manager Wise recommended that the bid be awarded to Lynnwood Equipment. November 15, 1978, Page 11 (I-16: 0 MOTION: Councilman Whelan moved, seconded by Councilman Seaman, for adoption of Resolution 78-191, awarding bid for Gardner-Denver Blowers to Lynnwood Eqtflpment in tile amount of $3,785. Motion passed unanimously by roll call vote. (1-14: Resolution 78-192 Mayor O'Reilly read l~.eso]ution 78-192, transfer of funds in the amount of $2,526 to fund repairs to street lights per the agreement with Inlet Instruments and fund the cost of repairs to a citizen's vehicle that was damaged by a City vehicle. Mayor O'l~.eilly opened the meeting to the public and there was no comment. MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, for adoption of Resolution 78-192, transfer of funds in the amount of $2,526 for repair of street lights and damaged vehicle. Motion passed unanimously by roll call vote. Payment to Project Managers Alaska Public Works Director Keith Kornelis advised that an adjustment should be made on the billing for Redoubt Way which should read "$2,034.19". MOTION: Councilman l~helan moved, seconded by Councilman ~alston, for approval of payment in the o.mount of $9,639.34, as amended, to Project Managers Alaska. Motion passed unanimously by roll call vote. (t-17: Payment to McLane & Associates NOTION: Councilman Whelan moved, seconded by Councilman Seaman, for approval of payment in the amount of $2,600.40 to l~{eLane & Associates for computation of quantities on EDA Projects during September and OctoLer, 1978. Public Works Director Keith Kornelis advised Council that he wished to point out that it was discovered that the contractor had over-excavated an area on Kaknu due to a one foot error in surveying. No~e,nber 15, 1978, Page 12 MOTION - TABLE Councilman Malston moved, seconded by Councihnan YYhelan, to table the statement from McLane Surveying until the questions as presented by the Public Works Direclor have been resolved. G-18: Motion passed unanimously by roll call vote. Contract Change Orders - Brown Construction MOTION: Councilman Ambarian moved, seconded by Councilman ~falston, for approval of Contract Change Order #2 in the amount of $2,860 and Contract Change Order #3 in the amount of $5,000 to Brown Construction. Councilman Ambarian advised that the ad hoc committee from Council had reviewed these amendments and recommended approval. MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman Malston, to amend the motion to include"approval is contingent upon all documents being signed by the engineers.' Motion passed unanimously by roll call vote. MAIN, AS AMENDED Passed unanimously by roll call vote. G-19: Lease of airport facilities MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the matter of approval of lease of Airport Lands or Facilities, Lots 7 and 8, Old Aircraft Apron, to Raven Transit be tabled until such time a new appraisal is made and the lease document revised accordingly. Motion passed unanimously by roll call vote. · G-20: Discussion - Tidelands lease City Manager Wise advised that Kenai Native Association has requested lease of certain tidelands from the City and though the Council had requested a Tidelands ordinance be prepared prior to action on such a request, Kenai Native Association has requested some indication of intent from the City for purposes of securing financing for their proposed project. Roland Lynn, representing KNA, stated that they would like a motion from the Council showing that the intent of the City is to enter into a 55 year lease with option to renew with KNA upon determination of the value and subject to the recording of the plat of Tract "A" of Alaska Tidelands Survey Number 272. Mayor O' Reilly requested that Vice Mayor Whelan assume the chair -- MOTION: Mayor O'Retlly moved, seconded by Councilman Seaman, that the City of Kenai intends November 15, .1978, Page 13 to enter in~o a 55 yea~ tidelands lease with option to renew with l~enat Native Association upon dete~ ruination of the value of the subject property and subject to thc recording of the plat for Tract A of Alaska Tidelands flurve~ Number 272. Motion passed unanimously by roll call vote. City Manager Wise requested authorization from Council to sign the plat. MOTION: Councilman Malston moved, seconded by Councilwoman (flick, that the City be hereby authorized to sign the plat for Tract "A" of Alaska Tidelands Survey Number 272. Motion passed unanimously by roll call vote. H. REPORTS H-l: City Manager (a) Arctic Aviation - City Manager DIise reported that Arctic Aviation had previously made application for additional tie-down spaces adjacent to their present facility. Mr. Wise further reported that the Planning Commission and Council had reviewed the conceptual lease application and Council authorized platting and appraisal of the area, hewer er, the platting has not been completed, therefore, an appraisal cannot be made to determine a lease rate. Mr. Sqise advised that Arctic has requested immediate consideration to their ~ request as the need for additional tie-downs is becoming more and more dire. MOTION: Councilman Malston moved, seconded by Councilwoman Click, that the Council hereby authorizes the City Manager to enter into negotiations with Arctic Aviation for lease of unplatted area adjacent to their present leasehold for purposes of tie-downs. MOTION - AMENI~IENT Councilman Whelan moved, seconded by Councilwoman Click, to amend the motion to include that such lease will be for a temporary basis only until such time the land has been platted, appraised and a proper lease document prepared. Motion passed unanimously by roll call vote. MAIN ,AS AMENDED Passed unanimously by roll call vote. (b) Councilwoman Click advised that during the Planning Commission meeting, Mr. Lee Glad had requested access to a parcel of land that he proposes to development. The land is located off Spruce and would require access across lots 155 and 157 which are owned by the City of Kenai. Councihvoman Click advised that Mr. Glad will be building a road into his property at his own expense and would require Council concurrence for him to proceed with having the area surveyed (st l~r. Glad's expense) so that he may proceed with construction of the road. Councilwoman Click advised that the Planning Commission recommended that lot 155 be utilized for road easement and lot 157 for road ROW. r-' November 15, 1078, Page 14 MOTION: Councilwoman glick moved, seconded by Councthnan Whelan, that th,: Ctly Council hereby atlthorizes utilization of portions of lots 155 and 157 for right-.dr.-way ptll'po~n~; as requested by Lee Glad. Motion passed unanimously by roll call vote. City Manager Wise stated that his intent for sellir,~' the pareel:~ of land in fha m'ea in question was to place the proceeds from the sale in a Parks Development Fund which may ensble the City to meet its obligations to the ffovernmer~t since the City constructed the Sewel' Treatment Plant on lnnds designated for parks. Mr. 1"tse further commented that one proposed use of tile lands would be for a site for the Community Care Center'. QUESTIONS & COMMENTS Councilman Ambartan stated he was not aware that Council had established a proposed site for the Care Center. ^1so, Councilman Ambarian stated that he would like to see the lease with Serendipity finalized and Serendipity given a time limit rather than hold up the transaction any longer. Councilman Malston stated that he would agree that .- the matter should be finalized without further delay, however, the proposed facility will be an asset to the City and perhaps Administration should contact Serendipity and offer assistance in resolving any problems that may be holding up finalization of the lease document. Councilman I':helan st,,ted that when the land first became available, some members of Council had favored placing the land up for lease on an auction basis, however, Serendipity came in with a conceptual lease application and the suction procedure was no longer considered. Councilman ~t'hclan further commented that the matter has been "hanging" for over a year and a half and the City bas not been deriving any revenues from the land and either the lease be finalized without further de]ay or the City should proceed with making the land available to other developers. MOTION: Councilman Whel,.'n moved, seconded by Councilman .qeaman, that the lease document be finalized and signed with Serendipity no later than Decewber 31, 1978. Motion passed by roll call vote with Councilman Malston voting no. Ambulance - Councilman Ambarian advised that he had been contacted by Joe Ross of Peninsula Raceways who the City had donated the old ambulance to and who would keep the ambttlance in good repair, etc. for use at the raceway and as a standby unit for Kenai. Mr. Ross advised Councilman Ambarian that he had put considerable time i~. repair and purchased parts for the ambulance, however, the Peninsula Raceway Association is nor~ defunct, l~ir. Ross has been contacted by the City of Seldovia who would like to obtain the ambulance for use by their Fire Department and ,~eldovia has offered to reimburse Mr. Ross for expenses he has incurred in overhauling the vehicle. Councilman Ambarian advised that it would be necessary to release Peninsula Raceways of their commitment to provide warm storage and maintenance so that the ambulance could be donated to Seldovia. Councilman l~]helan stated he felt that if the ambulance were needed elsewhere, the City should proceed with whatever procedures necessary to make the transfer. November 15, 1978, Page 15 MOTION: Councihnan Whelan moved, seconded by Councilman ,eeam~m, for spin'oval to donnte thc former City ambulance to the City of Seldovia and, in addition, the City of l(en~d hereby releases Peninsula P, aceways of their affreement with the City to provide warm storage and maintenance of the ambulance. Councilman Malston .,;toted he was concerned about not having a back~ up vehicle available in the area in the event the present ambulance was not in working order. Fire Chief Winston stated that the old ambulance would have to be carefully inspected to deterr0ine if it was still in such condition to be used as a back-up. QUESTION: Passed by roll call vote with Councilman ~.{alston voting no. R-Lee Seafoods - Councilwoman Gltck inquired if Administration had received a reply from R-lee relative to the gravel they have been extracting from a City owned pit over the past four years and was advised by City ~ianager I','ise that R-Lee had sent a chock to the City in the amount of $9,000 for gravel extracted but did not accompany the check with back up information or support documentation. Access to Float Plane Bostn - Council inquired if Administration had locked the access gates and City Manager E'ise advised thot a notice to all users of the area had just been sent out and Public Works was advised to proceed with changing the leeks. Raven Street - Councilwoman Gliek inquired ss to the status of Mr. Calvin Ouandt'~ alleged problem on the restoring of ]~aven Street to its original condition. City Manager Wise reported that Public Works estimated it would cost approximately $350+ to restore the street. Public Works Director Kornelis reminded Council that a memorandum had been submitted to Council some time ago with a detailed report from the City Engineer and former inspeetor on the construction Job in which both parties recommended that no further work be done on Raven Street in that it had been returned to the condition it was in the beginning of construction. Councilwoman Glick stated that lit. Quandt states in his letter that he has been asking for assistance from the City for the past two years and it would appear that some citizens are granted immediate consideration and others are not. Councilwoman Gliek stated she felt that Council should consider ,~,ir. f~uandt's request without further delay. Councilman Whelan stated he agreed with Councilwoman Gliek and felt that citizens with concerns should be dealt with immediately and the problem areas resolved. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, that the Council hereby suthorizes expenditure of funds to restore Raven Street to its original condition. Mayor O'Reilly stated he would votd no on the motion as he felt any work would not improve the condition of the street. .UESTION: Motion passed by roll call vote with Mayor O'Peilly voting no. November 15, 1978, Page 16 Lilac_ Street -- Councilwoman Glick stated that Council had requested information be prepared for review by Council to be included in the packets relative to the situation on the concerns of residents on Lilac Si. City Manager 14'ise stated it was his under- standin_ff that the ad hoe committee from Cotmatl w~uld m~t with th~ ~nnt~natm,, et el and, therefore, the ad hoc committee would make a recommendation to Council. Councilman Malston stated that he disagreed in that it was an Administration responsibility to meet with the residents of Lilac Street as was directed some time ago. Councilman Ambavian stated he too felt that the ad hoc committee was to meet and make a recommendation. Councilman Ambartan further commented that it was the ad hoc eommittee*s responsibility to review reports from the Public 1~orks Director, engineers, etc., and meet with the residents fi'om Lilac Street. Council so concurred that the ad hoe committee '~.'il meet with the residents from Lilac Street, engineers, et al and report back to Council. Councilman Ambarian reminded Council that the meeting was not restricted to the ad hoc committee onIy but included all members of Council. H-2: City Attorney City Attorney Sehlereth advised that some time ago, he had sent a letter to the attorney representing the Peninsula Clarion, Mr. Thompson and l~r. Cason relative to their protesting their increase in lease rates. Mr. Schlereth stated that the contents of his letter informed the attorney of the leasing ~olicy ordinance and its application to his clients in that the City would utilize the 1977 appraisal figures. ~r. Schlereth advised Council that he has not received a reply as of this date. · .~'hMOTION: Councilman Whelan moved, seconded by Councilman ~°eaman, that Council authorize the City AttOrney to send a letter to the attorney representing the Clarion, Cason and Thompson requesting a response to the City no later than November 30, 1978, or the City Attorney will proceed accordingly with legal action relative to this matter. Motion passed unanimously by roll call vote. Aviation Consultants, Inc. - City Attorney Sehlereth advised that relative to the lease amendment in that all references to "fast food service" would be deleted from the lease, Mr. It-itel of ACI stated that at no tima did he remember relinquishing their rights to an exclusive for providing "fast food ~erviee' in the Airport Terminal and Mr. Eital would, therefore, disagree with the amendment. Councilman Whelan stated it was the intent of the Couneil that the City must reserve the right for a fast food service and if the need arises must be able to provide the service accordingly and to the most benefit of the citizens and users of Airport services. City Attorney Schlereth also reported that ACI intends to continue their suit affainst the City relative to lost revenues during the construction of Airport Loop and ACI's attorney advised that they would make a request from other bars in the area as to revenues derived durir this period and ACI would make estimations on lost business accordingly. Foreclosed Lands - City Attorney~hlereth stated that some 'time ago the City held ~of- foreclosed(h~o~l~mds and though the City would not guarantee "quiet Title" one of the purchasers has-'q~ked for a refund of his money because he cannot obtain Quiet Title. City Attorney .qehleveth did state that Mr. Sarks has made no payments on the purchase of this land, however, there are monies due for taxes. Mr. ,%hlereth requested a decision by Council. November 15, 1978, Page 17 MOTION: Councilman Ambarian moved, seconded by Councilman ,qeaman, that the City of Kenai refund Mr. Aaron Sarks money for purchase of certain foreclosed properties, less taxes due and the City will assume ownership of the property in question. Councilman Malston suggested that the Cit.v make the contract with ~qr..earks null and void & no monies be refunded to l~r. Sarks as the City has incurred expenses in the processing of this transaction. QUESTION: Motion failed by roll call vote. Voting no~ Click, r~alston, Seaman and l~:helan. Voting yes; Ambarian, O'Reilly Brian Peck vs. City - City Attorney Schlereth 0dvtsed that he would be responding to a summary judgment at which time the Court will make a decision. Mobile home - Frontier Club - Councilwoman Click inquired if a letter had been sent to the owner of the mobile homes parked adjacent to the Frontier Club as such structures are in violation of the zoning ordinance. City Attorney Schlereth advised that he would send a letter immediately. Mayor's Report Mayor O'Iteilly requested that Councilmembers Glick and Whelan meet with the Finance Director to discuss the progress of the annual audit. Mayor O'Retlly advised that he had appointed Eric Smitt, George Navarre and Marvin Dragseth !o the llarbor Committee. Mayor O'Reilly advised that he would be addressing the Kenai Chamber of Commerce on November 29th. H-4: H-S: H-S: City Clerk No report Finance Director No report Planning & Zoning Commission Councilwoman Click reported on the meeting of November 8th in which the Commission approved a rezoning change request in Bush L,'mes Subdivision ~~ this request was submitted prior to the Council resolution that no further changes would be made until the completion of the comprehensive plan. Councilwoman Ollck requested that Council concur with the action of the Commiasion. November 15, 1978, Page 18 ~"~/IOTION: Councilwoman Click moved, seconded by Councilman .~alston, that the Council concurs with the action for recommendation of change from suburban residential to genera! commercial Lots 1-6, Block 1 in Bush Lanes Subdivision. Motion passed unanimously by roll call vote. Councilwoman Oltck further reported that the Commission approved the recommendation for reserving certain foreclosed lands for public use as requested by the Recreation Commtssion~ the Commission reviewed a conceptual lease application for l'?ell Reserve Site I and the Commission found that both lease applications for the area would be compatible. 1I-7: Borough Assembly Report Councilman Ambarian reported that Ord. 78-52, disposal of Borough lands was referred to committee; Ord. 78-56, appropriating $25,600 for the Comprehensive Plan was approved; Ord. 78-57, appropriating $58,000 for development of the Comprehensive Plan for Kenai was approved; and Ord. 78-22, appropriating funds for FY 78-79 for Capital Projects was approved. Also Ord. 78-63 providing penalties for the filing of false applications for tax exemptions was introduced. Councilman Ambartan al~ reported that the ordinance on the "clean air standards" was defeated and the Assembly defeated the ordinance relative to rezontng within the City of Kcnai and modification of certain permitted densities. Councilman Ambarian also commended the Fire Department and Police Department on the successful Poliee/Fix'emen's Ball. Councilwoman Gliek commented that relative to Ord. 78-55 which failed the Assembly, she would request some type of explanation as to why it was defeated by such a large margin. Councilman Ambarian suggested that a meeting of Council and the two representatives from Kenai be held to discuss the matter extensively. Council so concurred. Christmas Party - MOTION: Councilman Ambarian moved, seconded by Councilman Whelan, that the City Clerk be instructed to determine costs for a City Christmas party. Motion passed unanimously by roll call vote. I. PERSONS PRESENT NOT SCItEDULED TO BE HEARD .~rone ADJOURNMENT There being no further business, the meeting adjourned at 2:00 a.m. Respe_ctfully submtttt_t~.~_~d, .... .a~ue C. Peter, City Clerk ACI~OUNT OF C~ty of Kena~ · Box 580 Kenat, Ak. 99611 Attn: INVOICE McLANE & ASSOCIATES Inc. REGISTERED LAND SURVEYORS O, BOX 468 · PHONE 283.421i} EOLDOTNA. ALASKA 996e9 October 31, 1978 ~ ~ (: ~ ~[ ~ ~ ~ NOV 5. Ct[Y OF KENA! Keith Korneltus, Director Of Publtc t4orks Pt,,EABE PAY FRQM iNVOICE Computation of quantities on EDA projects durtn~ Seotember and October, 1978 ProJect No. 07-51-26998 Walker Lane 1 man 15.5 hr $ $20.00 Kaknu ~ay 1 man 27 hr g 20.00 4th Ave 1 man 33.5 "g 20.00 Fern and Lupine 1 man 24 hr ~ g0.00 LtI~a St 1 man I hr ~ 20.00 42 prints ~ $1.20 ea SUBTOTAL $310.00 540.00 670.00 ~80.00 20.00 50.40 $2,070.40 0RIGJNAL COPV TO Project ~o. 07-51-26965 Redoubt ~ay I man 13.5 hr. ~ $20.00 Project ~o. 07-51-26997 ~trport Loop 1 man 13 hr ~ 20.00 TOTAL 270.00 260.00 $2,600.40 1.2/6/78 ~R A~ROVAL ~torola Inlet Ins=rm~ts ~ohl~orth & Flirt= Se~s lt~ruck ~t-ery Inlec Insura~e The £ollo~ir~ items ~re ove~ $500.00 u~ich need Council approval or ratification 2,2~2,85 Addit. Liability Ins.-Ne~ Water Tank 1,607.05 l~ir of 1,~0.~ ~1 ~.-~ 5~.~ ~ ~ra~ls 723,~ 613.8~ ~ S~ 3,~.~ ~,S.O, ~3A77,~ ~i~ r~chlnery & ~quip. 1,3~.00 Com~nlc~tion~ F~ir & ~t. ~0.00 ~i~t~ ~air & ~t. 90.00 CJ ty Cl~k ~tal 198.8~ City At~y ~l 2~5,00 13072 ~pt, of ~v~ ~%c~ & F~ip. 6~.00 ~2~ City At~ Off~ S~l~s W~.32 00717 ~ Utilit~ ~3,41 S~eets " 1S9,42 Pol~e " 141. S~ F~e " 141.55 Li~a~ " 45.3~ ~-~r~l " 62,90 Te~l " ~,10 ~-~r~ ~ 181.13 ~ " 2,061.72 S~ ~t~ ~ & M~t. 1,607.0~ City At~ ~of~s~l ~. 1,~0,00 ~t-~ ~ofess~l ~. 5~.~ 00786 ~ti-~.-~o1~ ~at~ S~I~ 613,89 ~2 ~ " " 37~,~ F~.~.~,-S~ ~ & ~. ~,4~,~ ~565 .% 6,81!.00 ~3055 OO692 Alaska H~micipa~ Employee~ Credit Lb[on ~ J~tgor{al Ya~te~nce P~a ~r~a~ 2,2~.00 550, 2~, ~, O0 :~ 250, ~e~'s I~, ~. 6,~1.25 2,187.50 4,/-~9,00 21,025.00 2,200,00 200,000.00 600,000.00 550,000.00 200,000.00 250,000. O0 450,000.00 250,000,00 250,000.00 6,241.25 Nov, Credit Onion C~eral F~ L~bilicy ~v, J~. ~. Te~l Profess~l ~. Fed. W/Il T~ ~al ~ !Jabtlt~ ~rt, of ~p.-7/21/78 ~ ~al ~-10/10/78 ~tral ~ ~t ~rt, o~ ~,-10/13/78 ~ ~tral ~ ~t, of ~.-11/7/78 ~ ~al ~ ~t. of ~.-11/7/78 ~ ~al ~, of ~.-~/5/78 ~ ~al ~ RBQLrlsrrI~s ~ Big ~PRO'v~I) (OVIgR $500) 12/12/78 V'~R 7~tle~ Instrum~ts Yt~%~ Office Supply Baker & Taylor L~amDod Equ/p. Van Wa~ers & Rogers I. 8. C. O. DESCRIY~ON DEPARTMENT ACCOUNT AMOUNT Print City Code MetriC. on Sc. I/~hts Legal (Anti-Recess) Print. & bindimg Street Lighting Repair & Maint. Revise Mafnt. Contract Couuurtteations Repair & Matnt. File C~inet Books Clerk (Anti-Recess) Mach.& Equip. Library Books C, ard. -De~. Blower OxTgen Meter Sewer Treatment Sewer Treatment (Anti-~cessiormry> ~h. & Equip. Mach.& Fxl~utp. Composite sa-~ler ar~ ~attery (Anti-~cessionary) Sewer Treaa~ent Water & Sewer (Anti-~ecessio~ary) (Approved by =elephone poll 12/8/78) Mach. & Equip. Repair & Meint. Supplies Repair & ]~{nt. Supplies Washer & Dryer Jail (Approved by City Msnager as exception) tach. & m~,fp. 5,000.00 1,6o7.o5 585.oo 844.00 820.56 3,785. O0 530.00 1,067.00 596.25 2,433.50 $ 634.00 CITY OF KENAI ORDINANCE NO. 453-78 AN ORDINANCE OF TtlE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL FUND PROJECT ENTITLED "WATER AND SEWER LINES" AND INCREASING ESTIMATED REVENUES AND APPRO- PRIATIONS IN THE AMOUNT OF $£20,925 FOR EDA PROJECT 07-5]- 26966 ENCOMPASSING WATER LINES, WILLOW AND GAA, AND SEWER LINES ON MCCULLUM DRIVE PLUS RENOVATION OF FIVE (5) SEWER LIFT STATIONS. WHERE.SS, the City of Kenai has determined that the following construction and renovation projects are warranted and in the best interest of the City: Water line at Willow Street, water line at GAA, sewer line at McCullum Drive and renovation of five (5) sewer lift stations, and WHEREAS, the local public works program of EDA has authorized grant funds in the amount of $115,000, and WHEREAS, the State of Alaska Department of Environmental Conservation has approved these grants: 1) Willow Street and McCullum Drive 2) Five (5) sewer lift stations $35,250 16,150 and WHEREAS, the City of Kenai will utilize the following funds: 1) Airport Land System 2) Fund balance, water add sewer, 1974 of refunded bond issue $20,550 33,975 and WHEREAS, this Ordinance is a codification of Ordinances 369- 77, 370-77 and 375-77 with an authorization of additional work, increase of revenues and appropriations, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TIlE CITY OF KENAI, ALASKA THAT: Ordinance No. 453-7B, Page 2 Section Ordinances 369-77, 370-77 and 375-77 are hereby rescinded Section 2: The following increases in revenues and appropriations in the Airport Land System are hereby made: ESTIMATED REVENUE Fund balance $20,550 APPROPRIATION Contribution to Capital Project Section 3: 20,550 The following increases in estimated revenue in Capital Project Fund water and sewer lines are hereby made: WATER AND SEWER LINES TOTAL Economic Development Admin. State of Alaska, Department of Environmental Conservation (Willow, McCullum) State of Alaska, Department of Environmental Conservation (lift station) Contribution, Airport Land System Fund balance for water and sewer refunded bond issue $115,000 35,250 16,150 20,550 33,975 $220,925 Section 4: The following appropriations are hereby made: A TOTAL WILLOW AND McCULLUM Administration Engineering Other engineering fees Inspection Construction $ 650 3,200 5,300 6,100 103,250 1"$118,500 Ordinance No. 453-78, Page 3 I I TOTAL FIVE (5) LIFT STATIONS Administration Engineering Other engineering fees Inspection Construction Contingency $ 2,000 5,800 1,000 2,200 74,250 10,000 $ 95,250 OTHER ENGINEERING GAA, HYDRANTS (eligible for Federal funding) Engineering $ 4,050 D OTHER ENGINEERING (not eligible for Federal funding) Engineering 3,125 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of December, 1978. ATTEST: Sue C. Peter, City Clerk Approved by Finance: ~.~ VINCENT O'REILLY, MAYOR First Reading: December 6, 1978 Second Reading: December 20, 1978 Effective Date: December 20, 1978 CITY OF KENAI ORDINANCE NO. 454-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "FACILITIES DESIGN" BY $315,325. WHEREAS, the Council of the City of Kenai desires to proceed with Step II of Sewer Treatment Plant improvements, Facilities Design, and WHEREAS, a sum of $315,325 is needed to provide design, construction, and other engineering services to the project, and WHEREAS, it is anticipated that the U. S. Environmental Protection Agency will participate in the project in the amount of $236,493 (75%), and that the State of Alaska, Department of Environmental Conservation will participate in the amount of $39,416 (12.5%), and WHEREAS, proper accounting practices require that all ap- propriations 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 Special Revenue Fund Increase Estimated Revenues: Transfer from Reserve for Sewer Treatment Plant Improvements Increase Appropriations: Transfer to Capital Projects $39,416 39,416 Water and Sewer Capital Projects-Facilities Design $39,416 39,416 236,493 $315,325 Increase Estimated Revenues: Transfer from Water and Sewer Special Revenue Fund Grants - State of Alaska Grants - Federal * Ordinance #454-78, Page 2 Increase Appropriations: Architectural Engineering- Basic Fee $315,325 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of December, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: t9~ First Reading: December 6, 1978 Second Reading: December 20, 1978 Effective Date: December 20, 1978 CITY OF KENAI P~SOLUTIO:; NO. 78-194 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING THE KENAI PENINSULA COMMUNITY COLLEGE. WHEREAS, the Kenai Peninsula Community College of the University of Alaska has served the general welfare by enabling local residents to enhance their educational developments, career aspirations, and standard of living, and WHEREAS, the Community College has supplied local industry with the skilled manpower that is desperately needed in the area, and WHEREAS, the Council has learned that the Community College has witnessed a tremendous growth of its student population within the last year, and WHEREAS, despite the expanding demands upon the Community College for increased educational services, the College has been unable to respond for the reason that necessary state funding to meet those demands has not been forthcoming, and consequently the need of adequate funds has reached emergency proportions, and WHEREAS, in order to meet, even minimally, the financial needs of the Community College, additional immediate funding for the present year of $40,000 to $100,000 is necessary, and an additional amount of $300,000 is needed to meet those needs for the future year, and WHEREAS, it is in the public interest for the City Council to lend its wholehearted support to the Community College in its efforts at securing the proper state funding, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: The Council of the City of Kenai wholeheartedly supports the Kenai Peninsula Community College in its efforts at securing the desperately needed additional funding from the State of Alaska and all other available sources in order to keep the institution operating and serving the needs of the residents of the Kenai Peninsula. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 6th day of December, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk CITY OF KENAI RESOLUTION //78-195 BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF IiENAI. ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN TIIE 1978/79 WATER AND SEWER SPECIAL REVENUE FUND BUDGET. From: Sewer Treatment - Operating Supplies ($245) To: Sewer Treatment - Transportation $245 This transfer provides additional funding for the two sewer treatment plant operators to attend a waste water training course in Juneau. PASSED BY THE COUNCIL OF TtIE CITY OF KENAI, ALASKA THIS 6th day of December, 1978. ATTEST: VINCENT O'REILLY, ~YOR Sue C. Peter, City Clerk Approved by Finance: CITY OF KENAI AUTHORIZING THE CO~'~( CITY ~NAGER TO SIGN TH~ ~' STEP II, ENGINEERING SERVICES FOR THE DESIGN AND UPGRADING OF THE SEWER TREATMENT PLANT BY CH2M HILL. WHEREAS, the City of Kenai has accepted a S/I Waste Water Facilities Plan prepared on behalf of the City by CH2M Hill, and WHEREAS, the Council has approved for submittal by the City Manager to EPA and DEC the Step II Grant Application for the upgrading of the Sewer Treatment Plant, and. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the City Manager is hereby authorized to sign the contract for $315,325 to furnish engineering services to the City of Kenai, Alaska for modification and additions to sewage facilities submitted by CH2M Hill with the under- standing that the contract is conditional upon the approval and receipt of the stated percentage funding from EPA and DEC. ATTEST: Sue C. Peter, City Clerk Approved by Finance:C~,~F PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. ,,_, , __ . JL _ _llll. i' CITY OF KENAI ~/ RESOLUTION NO. 78-197 BE IT RESOLVED BY THE COUNCIL OF THE'CITY OF KENAI, ALASKA THAT THE FOLLOWING T~%NSFER OF MONIES BE MADE IN THE FOLLOWING LPW PROJECT FUNDS. From: Street Improvements - #07-51-26998 - Contingency ($ 18) Redoubt Way Paving - ~07-51-26965 - Administration Other Engineering ($ 419) ($2,064) Airport Drive Paving - #07-51-26997 - Other Engineering Administration ($ 627) ($ 202) TO: Street Improvements - #07-51-26998 - Inspection $ 18 Redoubt Way Paving - #07-51-26965 - Inspection Construction $ 419 $2,064 Airport Drive Paving - #07-51-26997 - Inspection $ 829 ~hese transfers are needed to pay for the PMA, Inc., McLane ,r~ ~4surveying, R & M Consultants, and Brown Construction Co. ~,~ills to be considered at the December 6, 1978 regular ~Council meeting. ASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th ay of December, 1978. VINCENT O'REILLY, MAYOR ATTEST: ,© Sue C. Peter, City Clerk Approved by Finance: ~/.~! CITY OF KENAI RESOLUTION NO. 78-198 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 ($1,607) TO: Street Lighting-Repair & Maintenance $1,607 This transfer is needed to fund the repairs to street lights per the agreement with Inlet Instruments and their invoice of November 10, 1978. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. VINCENT O'REILLY, MAYOR · ATTEST: Sue C. Peter, City ~lerk Approved by Finance:_."-,~ _ CITY OF KENAI RESOLUTION NO. 78-199 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING TIlE AUDITED FINANCIAL REPORT OF THE CITY OF KENAI FOR THE YEAR ENDING JUNE 30, ].978. WHEREAS, pursuant to Section 5-10 of the Charter of the City of Kenai, Coopers & Lybrand have audited the financial transactions and statements of the City of Eznai, Alaska, and WHEREAS, such audit has been presented to the Council and to the City Manager in accordance with Charter requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the audited financial report of the City of Kenai, Alaska for the year ending June 30, 1978 is hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk CITY OF KENAI RESOLUTION "^ " .... "^ ........................... II I'l' BE IT RESOLVED BY THE COUNCIL OF TIIE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79 GENERAL FUND BUDGET. From: Finance-Salaries ($3,500) TO: Finance-Overtime Legislative-Miscellaneous $1,500 2,000 This transfer is needed to allow Finance Department personnel to work overtime to catch up on an increased workload, and to provide a Christmas Party for City employees. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, city Clerk Approved by Finance: ~.~.. ' Al Mechler, Jr. Man;i.rlf,r, Anchora~le [)ivision P[oduction Operahons, U $. & Canada IViarathon Oil Company December 4, 1978 P.O. Uox 23~0 Anchorage. Alaska 99510 Telephone 907,,'274-1511 City of Kenai ~. O. Box 500 Kenai, AK 99611 Attention= Mr. John E. Wise City Manager Gentlemen: You advised Marathon by letter dated November 9, 1978, of your intention to grant to the members of the general public a right of ingress and egress, on, over and across a road designated ¥0R-Moose Range Road and located in Sections 21, 28, 32 and 33, T.6N., R.11W., S.M. Marathon has been one of the users of this road since 1966 for its operation in the 'Beaver Creek Unit Area by agreement with FAA, Kenai National Moose Range and with the concurrence of the City of Kenai. During this period of time, Marathon has repaired and main- tained said road. Marathon has and does support the concept of multiple-use of p~blic lands and so will not object to your proposal of granting public access to those lands controlled by the City. We do wish to point out that the subject road has probably not been built to public road standards. The road is narrow and there are blind corners on that portion of the road within the Moose Range. If such road is made public, then Marathon 'shall be released of the obligation to provide normal main- taince to that portion of hhe road made public. Thank you for your notice of contemplated action and we appreciate the opportunity to submit our comments. Very truly yours, A1 M~. AM/pr cc: Fish & Wildlife Service Mr. Ernest Schlereth, City Attorney CITY OF KENAI RESOLUTION #78-201 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE CITY MANAGER TO EXECUTE A "GRANT OF INGRESS AND EGRESS" OF THE VOR-MOOSE RANGE ROAD TO THE GENERAL PUBLIC. WHSREAS, the City Council on October 12, 1978 held a special meeting where it resolved by Resolution 78-168 that that portion of the FAA-Moose Range Road lying within the City owned land be made available to members of the general public for the purposes of ingress and egress, and directed the Administration and Legal Department to prepare within sixty (60) days a recordable instrument to accomplish this purpose, and WHEREAS, the Administration and Legal Department have prepared such a re¢ordable instrument which is attached hereto as "Exhibit A," NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, AS FOLLOWS: Section 1: The City Manager is hereby authorized to execute and record the "Grant of Ingress and Egress," a copy of which is attached hereto as Exhibit "A." Section 2: Any resolutions of the City Council passed prior to Resolution #78-168 which concern VOR-Moose Range Road and impose any limitation thereon within the City owned land for its use by the general public are hereby rescinded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk GRANT ~1,' I'NGRI:;,qS AND EGRI','SS WIIERI.IAS, tile Grantor, thc. CITY OI.' KENAI, is the owner public use and described as folh~ws~ Sections 32, 33, 28, T6N, R]IW, SM a road currently beinq used by M,{rathon Oil Company, the National Moose Ranoc, and tho Federal Aviation Admtntstrat ion (hereinafter "VOR-Moose Ranqo Road") ~htch begins at its intersection with the Airport Way Road near Lhe interaection of Airport Way Road and the Kenai SI,ur Hiohway and ends at the northern border of the ~estern half of Section 28, and ~htch road runs throuoh the following seetion9 moro or less as follows: Through the SE quarter of Section 32, the ~cstern half of Section 33, and the western half of Section 2~. NOW, THEREFORE, the Grantor grants unto members of the general public a right of ingress and egress, on, over and a~ross VOR-~oose Range Road as it presently exists or as it may ~ modified hereafter. Said right of ingress and egress will terminate upon the dedication and construction of an alternate road which ~y ~ constructed and dedicated to a publi~ use in the ~utureo Dated this STATE OF ALASKA __day of , 1978. CITY OF KENAI, a municipal corporation John E. Wise, City Manager THIRD JUDICIAL DISTRICT ) ) ss ) Tills IS TO CERTIFY that on the day of , 1978, before me, a Notary Public in in--/[ for the State of Alaska, personally appeared John E. Wise to mo known to be the City Manager of the City of Kenat, and he acknowledged to me that he executed the foregoing instrument on behalf of said City of Kenai for the uses and purposes therein mentioned by authority of its City Council. %~ITNI~SS n~y hand and official seal tho day and year above written. My Commi.~sio~ Expi ro.~: ....... GRAN? OP INGRBSS AND I~GRES$ ~ Page 2 CITY OF KENAI RESOLUTION NO 78-202 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING DEED OF RELEASE FROM T}{E FEDERAL AVIATION ADMINISTRATION OF A PARCEL OF LAND DESIGNATED AS TRACT D-6. WHEREAS, the City of Kenai has requested the Administrator 5f the Federal Aviation Administration to release an area of land hereinafter described from all conditions, reservations, and restrictions contained in said Quitclaim Deed to permit the long-term lease for nonairport purposes of said land, and WHEREAS, the City of Kenai has, by Resolution 78-162 dated October 4, 1978, obligated itself to devote the proceeds from the long-term lease for nonairport purposes of said property exclusively for the development, improvement, operation, or maintenance of the Kenai Municipal Airport, and WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer serves the purpose for which it was transferred, and WHEREAS, the Administrator of the Federal Aviation Administration has determined that such property can be used or leased by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Kenai Municipal Airport. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, as follows: Section 1: The City Manager is hereby authorized to sign the Deed of Release accepting from the Federal Aviation Administration a parcel of land designated as Tract D-6. Section 2: The City of Kenai will devote the proceeds from the long-term lease for nonairport purposes of said property exclusively for the development, improvement, operation or maintenance of the Kenai Municipal Airport. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December 1978. ATTEST Sue C Peter, City Clerk VINCENT O'REILLY, MAYOR Hr. John E. Wise City Hanager of Kenai P. O. Box 580 Kenai, Alaska 99611 Release Tract D-6 Dear Hr. Wise: We have evaluated the information supplied by you in correspondence dated November 2, 1978 to support a Deed of Release for Tract D-6, Spur Sub- division Number Two, We have determined that it is in the interest of the Federal government to allow a release of the City of Kenai from the provisions of sub- paragraph six (6) of the Quitclaim Deed dated December 1, 1963. This release will allow the City of Kenai to lease Tract D-6 with the revenue being applied exclusively to the Kenai Airport. Please note this release allows only for the lease of Tract D-6, not a transfer of,fee title. Enclosed are three copies of a Deed of Release to be signed by an authorized person. Please retain one copy for your files and return two copies to this office. As Council Resolution 78-162 only authorizes submission of a request and detemination, it will be necessary to obtain a Council Resolution authorizing acceptance by the signator of the Deed of Release. A signed and attested copy of this resolution, dated prior to the date of accept- ance, will need to be sent to this office. Sincerely, Acting Chief Planning & Programs Branch Airports Division Enclosures · ' Tract D-6 DEED OF RELEASE This instrument, a Deed of Release, made by the United States of America, acting by and through the Chief, Airporto Divi~lon, Alaskan Region, Fcdcral Aviation Administration, under and pursuant to the powers and authority contained in the provisions of Public Law 81-311 (63 Stat.700), as amended, to the City of Kenai, a body of politic under the laws of the State of Alaska, WITNESSETH WHEREAS, the United States of America, acting by and through the Adminis- trator of General Services under and pursuant to the powers and authority contained in the provisions of the Federal Property and Administrative Services Act of 1949 (83 Stat.377), and the Surplus Property Act of 1944 (58 Stat.765), as amended, and regulations and orders promulgated there- under by instrument entitled "Quitclaim Deed" and dated December 1, 1963, did remise, release, and forever quitclaim to the City of Kenai, its successors and assigns, all rights, title and interests of the United States in and to certain real property located near Kenai, Alaska, under and subject to the reservations, exceptions, restrictions, and conditions contained in the Deed; and WHEREAS, the City of Kenai has requested the Administrator of the Federal Aviatton Administration to release an area of land hereinafter described from ail conditions, reservations, and restrictions contained in said "Quitclaim Deed" to permit the long-term lease for non-airport purposes of said land and has by appropriate resolution dated October 4, 1978 obligated itself to devote the proceeds from such long-term lease, exclusively for the development, improvement, operations, or maintenance of the Kenai Airport; and WHEREAS, the Administrator of the Federal Aviation Administration, under and pursuant to the powers and authority contained in Public Law 81-311 (63 Stat.?O0) is authorized to grant a release from any of the terms, conditions, reservations, and restrictions contained in, and to convey, quitclaim, or release any right or interest reserved to the United States by, any instrument of disposal under which surplus airport property was conveyed to a non-Federal public agency pursuant to Section 13 of the Surplus Property Act of 1944 (58 Stat.765); and WHEREAS, the Adm~uistrator of the Federal Aviation Administration has determined that said land no longer served the purpose of which it was transferred, and that such property can be used or leased by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Kenai Airport. ~OW, THEREFORE, in consideration of the benefits to accrue to the United States and civil aviation, the United States of America; acting by and through the Administrator of the Federal Aviation Administration under and 'O . pursuant to the powers and authority containod in Publtc Iaw 81-311. and applicable rules, regulations, and orders, hereby releases the following described real property from the conditions, reservations and restrictions of said "Quitclaim Deed" dated December 1, 1963, between the United States and the City of Kenai: gloek 1, Lot l, 2. and 3 of Spur Subdivision Numher Two; within Section 5, T. SN; R.11 W., S.M. City of Kenai, Alaska, more par- ticularly described as follows: Beginning at the corner of Government Lots 1, 2, 5, and 6, Sec. 5, T. SN., R.11 W. S.M.: 1) Thence N. 89°-53'-43'' E along the line of Government Lot I for 134.96 feet to the Westerly right-of-way of the Beaver Loop Road; 2) Thence N. 390-54'-23'' W along the right-of-way of the Beaver Loop Road for 67.88 feet to a point of curvature; 3) Thence along the arc of a curve, concave to the Southwest, and having a radius of 5,654.58 feet, for 264.77 feet to a point of tangency; 4) Thence N 42o-35'-21" W along the right-of-way of the Beaver Loop Road for 64.30 feet to the Southerly right-of-way of the Kenai Spur Highway; 5) Thence 47°-21'-15'' W along the right-of-way of the Kenai Spur Highway for 800.15 feet; 6) Thence S 420-38'-25'' E for 330.56 feet; 7) Thence N 67o-21'-15'' E for 667.86 feet to the East line of Government Lot 5; 8) Thence N 00-00'-30'' E along the line of Government Lot 5 for 34.00 feet to the corner of Government Lots 1, 2, 5, and 6, and the Point of Beginning. Containing in all 6.100 acres, more or less. This release is granted subject to the following conditions: 1. The instrument used to lease the hereinabove described property shall expressly include the following reservations and' covenants: A. There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or here- after used for navigation of or flight in the air, using said airspace or !o~ding at, taking off from or operating on the Kenai Airport. B. The Grantee or Lessee by accepting this conveyance expressly agrees for itself, its heirs, representatives, successors and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the land conveyed hereunder which would be an airport obstruction within the standards established under the Federal Aviation Administration Technical Standard Order N18, as amended. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed here- under and to remove the offending structure or object and to cut i .,:':'~, the offending tree, all of which shall be at the expense of the Grantee ii/iii , or Lessee, or its heirs, successors, or assigns. ~ :/.i Il C. The Grantee or Lessee, by accepting this conveyance expressly '-"JJ agrees for itself, its heirs, representatives, successors, and assigns · -, ,.~ ~l~ that it will not make use of the said property in any manner which might '- J ' 4ntorFere ~ith the landing and taking off of aircraft from said Kenal Airport, or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the Grantor or Lessor reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Grantee or Lessee. 2. All covenants herein contained shall run with the land and shall insure to the benefit of, and be binding upon, the heirs, representatives, successors and assigns of the parties hereto. 3. In tho event that any of the terms, conditions, reservations, and restrictions upon or subject to which the property is disposed of is not met, observed, or complied with, all of the property so disposed of or any portion thereof, shall, at the option of the United States, revert to the United States and its then existinE condition. IN WITNESS T~I{EREOF, the UNITED STATES OF AMERICA has caused this Instrument to be executed as of the 2~'A'day of g~-t,~.~ 1978. UNITED STATES OF AMERICA The Administrator of the Federal Aviation Administration Acknowledged and executed this __day of 1978, by the of the City of Kenat. CIT~ OF KENAt By: City l/anager CITY OF KENAI RESOLUTION NO 78-203 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI CONCURRING WITH TIlE RECOMMENDATION OF TIIE CITY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION CONCERNING REZONINC A TRACT IN VALHALLA HEIGHTS SUBDIVISION, PART I. WHEREAS, the City Council has adopted Resolution 78-142 recommending deferral of rezoning within the City of Kenai until adoption of a pending Comprehensive Plan, and WHEREAS. the intent of such Resolution was to insure giving proper planning to significant rezoning requests, and WHEREAS, in the rezoning request of ~r and Mrs De Vito regarding Lot 1, Block 9, Valhalla Heights, Part I Subdivision which the Kenai Advisory Planning and Zoning Commission has considered the intent of the Council Resolution, and WHEREAS, the Kenai Planning and Zoning Commission recommended approval of such rezoning in accordance with the following findings of fact= 1 The rezonlng is a logical extension of the General Commercial zone 2 The proposed development will correct an access to the Kenai Spur Highway that is currently hazardous 3 A delay in processing this rezoning request would create an unnecessary economic hardship for the applicant 4 There were no written or verbal objections received by the Commission from the public NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CIT~ OF KENAI, that the City Council concurs in the recommendation of the Kenai Advisory Planning and Zoning Commission for the rezoning of Lot 1, Block 9, Valhalla Heights, Part I Subidivision from Rural Residential to General Commercial. ATTEST Sue C Peter, City Clerk CI'~"Y OF KENAI //~ RESOI.UTION NO. 78-204 A TAX[S VICE WHEREAS, the Council o/Pf~e City of Kenai has learned that Bishop Brothers, Inc. has applied to tz~Alaska Transportation Commission for authority to operate a heavy, flit taxi service in the Kenai-Soldotna area, and / WI-IEREAS,/2f~is the opinion of Council that the City of Kenai is in need of heavy.~ir taxi service in the Kenai area, since presently no such service exists, and WHEREAS, such an air taxi service as contemplated by Bishop Brothers, Inc. would benefit the community economically in meeting demands that are presently only partially and inefficiently supplied through the air taxi services out of Anchorage, and WHEREAS, the existence of such an air taxi service in the Kenai area would further benefit the community in that such s service, if supplied locally, would find clientele that presently could not afford to hire such a taxi service out of the Anchorage area, NOW, TtIEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KEN^I, ALASKA as follows: Section 1: The Council of th~ City of Kenai wholeheartedly supports the application o~Bishop Brothers, Inc. for authority to operate heavylair taxi service in the Kenai-Soldotns area o PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of December, 1978. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk II C~OMMERCIAL ~INSURANCE AGENCY (THE BUSINESS SPECIALISTS) II ED EMERY -- RICH EMERY Mr. John Wise, and the Honorable and CiW Council of the City of Kenai. i'Box 580 .....~' , Ak. 99611 ~ REs Umbrella coverage on City of Kenai Policy # UP 50 05 26 - Pine Top Ins. Co. Woodruef Building P. O. Box ,Soldotna, Alaska 99669 (907) 262-9321 Dear Oentlemea And Madam The City, s Umbrella coverage is up for renewal on 12/01/78. L~st year this coverage cost the City $27,970.88 We Zeal that the coverage under this umbrella policy is rather restricted for the amocnt of premium charged. We have therefore shopped this renewal extensively throughout the Market Place. l~bile we started shopping this rene~al over 60 days ago, we still have several companies to hear from. So, we do not have the final figures on this coverage for the coming year as yet. We can however, advise you that coverage under the renewal policy will be broader than last yea~s policy, and that premium for the coverage will be less than $20,000. for the coming year. So, the City ~ill not only have better coverage, but will also have a substantial savings on the premium. thought~u might like to know. We will place coverage to be effective as of the expiring date and time of tho present policy. Should you have any questions or suggestions as to this re- newal, please contact our office. 'O , ....,o-,., .co.o.,c ~,,,, o,,.~., ~ ....... ,..,,u~ EI)A PERIODIC ESTIMAIE FOR PARTIAL PAYMENT / CI~ OF ~AZ Box 1313 Ke~i, Al~ka ~11 - · I. COST OF WORK CO.~PLETED TO DATE UNDER ORIGINAL. CONTRACT ONLY ~nlt;es must be limlcc~l Io work and costs under ~he ori&in~l conuac~ only. (~'ogk and cos~ dae~ unde~ change orders is ro ~ shown in Columns (I)thr~h (~). Emer d~a s~n in columns 1, 2, ~, 8 ~nd 9, ~cs~ccgR-ely, on Fosm ~II 1 pzepa~ed by Colu~s (~) a~ (7). ~ow all ~ot~ co~Ic~ed co ~aceunde~ ~lumn (8). ~nte~ thc difference ~tween em~ies in colu~s (~) ~nd (7). ~lumn (~). ~ow percent r~t~o oE column (7) m column CONTRACT COldP&.ETrD TO DATE Usable Exc~wt ion 1 s~,O0.O0 Unusable Exsavat~.on 1,700o00 T~ I C1 f~ & ~ckf~ 4,612.~0 As~t Concrete ~vement 11t1~,~ T~no~ ~oavation ~ ~.~ 8to~ Gewe~ I~.H, 2t8~.~ 1~' ~ C~ve~ ~2.~ Ad~t/o~L ~pt~ for )~ 2~.~ C~eot ~o e~t .C,~, 1.~ ~.~ ?.c~c. (~e[ t~) ~o,~.~ ~o,~.~ Re~e & ~ AC p~t ~,~ AdJ~t V~ve ~x to ~e ~O.~ Remove & ~p~e ~C; ~v.~. ~,716.~ 1,716,~ TOTAL OF COST COLUI/,S COb .. I TOTALS ). AHALY$1S OF ADJUSTED COHTRACT AMOUNT 1'O DATE (;s} Oz;&ioal con,,ct amount feel. $ - ft=nt *~ ~fi;s. tomJ ...... ~) Plus: ~dditi~s scheduled in colmn 4 able ............. Cc) Lessl Deductions sc~duled in column 6 =~e. 4. ANALYSIS OF YORK PERFORgED (~) C~c ~ mi~in3~ comrac: w~k ~;;~med ~o d~;e (Cea ~ . ~) Es~f~ w~k ~tfmmed tod~cc (Col. ~ ~) ~s~: Am~m of ~etlous p~)'mems S. CER3IFICATIO. OF CONTRACTOR ~. q~mmm'~z~ CP-, ~c. ~C~ot,octM) November By CERTIFICATION OF ARCHITECT OR ENGbIEER ! refillF that J h3ve cJ.eeEed and vetified :he above sad forego;nj Perlod;~ Estimate f~ PafliaJ Paymem; that to ~ork a~/~ material i~l~ed iff ibis Pcri~ Estimare has ~en ifls~cted by me and/~ by my dray =mhK~ed represent3ti~e or assistants and ih~t ii ~s ~en ~dormcd ~/~ supplied iff full accordance uigh requirements ~ c~e pa,islpaymc~c cJni~d a~ feq~ucd ~ ~e c~trlct~ is c~ecsJy com~d on ~e ~sls of . ...... ~ I ho~e c~eckcd Ih~s est;mite =gai~sc t~ c~tract~'s Sc~ efAm~lo tM C~tMct Payroll. I~l Iht c~trzcsor ob~ld ~ ~id thb amana requested Above. ~lkd in ~ull accor~aKc -hh t~ ~quhc~ms of 1~ c~tfsct, A~ed USCOMI4*DC SalSa-PiS t I EI)A 07-51-26~7 PERIODIC ESTIMATE FOR PARTIAL PAYMENT CO~~RACT CITY OF K~,14AI AIRPORT WAY ~1~0~.9; ~.~;3TRL~CTIG; .CO,, [NCo Box 1~1~ ~on~i, Alaska 99611 COST OF WORK CO~4PLET£D TO DA1 E UNDL~R ORIGINAL CONTRACT ONLY Entries must be limited to q~mlc ~nd costs undc~ ~be ori~;n~l con,~ct oaly. (~otk and cost da(~ under ch3n~e o~dcrs ~s to ~ shown in PJ. 2 of chis fo~m.) Columns (l) ch~h (~). Eme~ da~a s~wn in columns l. 2. 3. 8 end 9. tcspccz;vcly, on ~orm ~111 ~epJted by Columns (6) a~ (7). ~ow llI wm~ comtdeced m da~cunde~ o~J&~nil con.acc. Column (8). Emet dm &ffe~ence ~seen eh,les in columns O) and (7). Column (9). Show percent :Jcio of column (7) lo column (5). CONTRACT U~ble Excavation U~u~ablo Excavation Type I C1 fiji. & bac~£ill Type II C1 fill & backfill Levelin~ Cou~e (,~[ thick) Asphalt Concrete Trench Excavate O-6~ Trench Excavate Con~tr C.B.F.' Const Gtor. -~ HIt 18' CHP Culv ~6 ~a ~v 21" C~ Cu~v 16 ~ GaZv 2¥~ ~ C~v 16 ~ ~v Add~tio~ ~pth for'~ S~o~ ~ckf~ll c~ctio= 12' ~ o~v 1~ ~ ~8' ~ C~v ~6 ~ ~v ~d~ve'~ ' ~edo~t~ ~ver e~sti~ ~der~d ~ble ;o~t~ot T~ I outlet Co~t~ct T~ II outlet ~o~d Ce~=t .centare o~de~ TOTAL OF COST COLUL'JAS 250.00 3,000.00 6,750.00 500. O0 6,150.00 24,600.00 2,600.00 ~,57~.oo lo,~6.oo 200,00 ~,168.00 ~?~.00 1,500.00 1,000.00 1 ,~00.00 1,200.00 92,2}7.00 10~ 60.50 COSTOF U~COMPLETED WORK % _1 I~1 L I1_1 I__ .L J _ Chain )~rrier F'enco: ~6~LF ~ 9.50 Additional PostG: 9 0 Re.ye log crib on ~ir~rt ~oop (2 truck~I 3~ ~ 50.~ ea $350.~ I 9~ Blonder 3~ ~ 85./ $ 297,50 ~tall 31' ~'-6" D,I class ~ sewer ~ipe .~ 1~,50 ~ 418.50 less 18.25' ~i~ ~ 6.~0 = 116,~ (furnished TOTALS · ), ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE (!)) Plus: Additiofls scheduled in column 4 above ¢c) Lesec Deductioc*s scheduled in colum~ 6 a~ve 4. ANALYSIS OF YORK PERFORMED (a) Cos~ ~ mi$in~l con.ac~ wink ~r/mmed (o da~e (Cci. ~ - t,~t *l fh~ to.m) ,, ~) ~zt~a ~mk ~fformed to dace (Cez. $ 4&ere) , ~) Svbt~al of Ce) and (f)~ Ch) Less: Amoum of ~evi~s payments (1) ~ALA~CE DUE THIS PAY~IENT $. CKRTIFICATION OF CONTRACTOR _ _ 9,661.20 _ 101,898.?0 108.160.50 --" 9,~_~%~o _1..j~,822.20 2.356.44 _ 115,46S.76 tocCC~mdl.n~.~.~o the I~st of my knowledge a~l belief, ! c,~nify that ~11 items .nd amountt shown o~ the face of ~his Periodic E~rlm~te e. I'--] C~4~ptlcd ~-ich all the laboc provEslons of sa~ cont,ac~. b, ~Complled wkh all t~ labm ~i$ions of sai~ con[lact esce~ in/h~e instances Nov. 20, CERTIFICATION OF ARCHITECT OR ENGINEER o i CCtClfy that I hive checked and verlf~d t~c above and foce~:oin$ Periodic Estimate fm PirlJII Paymem~ IhlI I0 lb ~ll O! my " . ~,,,. ~ ~ / · ~. -/ . PRE. PAYME~T CERTIFJCATIO~ GY ~1ELD PERIODIC ESTI~TE FOR PARTIAL PAY~,IEttT C1'?~ O? ~L:IAI Forth St., ~alker ~e b E~nu BRO'~I CoN2~RUCTI~J CO., INC. Uox 1~1~ Ken, it Alaska 9~11 COS~O~ ~ORK ~O~PLETED'~O DAZE UND[R ORIGINAL CONTRACT ONLY (~otk ~nd cosf d~[a under ch~n~e orders is to ~ shot'n in Parc ~ of this fo~m.) Column) (Z)through (~). Emer data s~Kn in colu~ms l. ~, ~, ~ and ~, tes~ctivcly, on From E~[ l ~epa~cd by Columns (6)3~ (7). Show ali work completed m dd~c under original con.acc. Colulnn (8). ~n~er thc difference ~twecn enc~ie~ in columns (~) Jnd (7). Colu~m (9~. ~?~ percent r~cio of column (7) co colu~ CS). ' , Remove & dfs~ A.C. ~t 25 SY 8.~ 2~.~ 2~ Un~ble ~a~tion 9~ 2.50 23~250.~ ~ 1~, c~ C~v ~ ~ 18.~ 8,6~.~ ~76~' 8,~.~ AdJ ~.~ to ~de (ring) ~ ea 1~.~ 6~.~ O O ? Adj M~ to ~de (barrel) Iea 7~.~ . S AdJ Valve Box to ~ade ~ ea 150.~ ~50.~ : ~ ea ~.~ 1~{ 5 Relocate ~ist W. ~ce c~b stop ~ ca- ~.~ 1,2~.~ O O O 6 Adj~t ~ to g~de (ring) ~ ea 1~.~ ~.~ O O O 9 AdJ~t V~ve ~x to grade ! ea 1~.~ ~.~ 2 ea ~.~ 1~ __ [I Pi"RIODIC ESTI/,(A'i£ FOR PARTIAL PAYL~£1~T I co,,r,~^¢T ,~o. I CITY OF K~AI Lup~no Drive - Lilac Street Bt~O~ CONSTRUCTION CO,, INC. Box 1~1~ gonai~ Al~ka 99611 .~,oDic [ST,..T[ .O. 5 ....... roe ..,oo Oct. 1~, ,, 7~. ,o ~lov. ~, _,, 7~. COST OF WORK CO:APLETED TO DATE UNDER ORIGINAL CONTRACT ONLY £n.les must be I~mitcd to work and costa under the original ¢ootrac! only (gOt[C and cost data under c~n~e orde:s iS to ~ s~'n ~n Part 2 of this fo:~) Columns (l) tht~gh [5). Enter data s~'n in columns l, 2, 3, 8 nnd 9, tes~ctively, on Fo:m E~lll p~cpa~ed by Colunlns (6) a~ (7). ~ow all work completed to dateufldet ozlg~na[ co~.acc. Column (8). Enter the dlffctence ~[ween ent~ie~ Colu~ (~). ~ow percent ~tio LU~iTm D~IVE U~blo Excavation Unu~blo Excavation ?ypo I C1 fi~ & baokf~l T~ II O1 fill ~ ~ckfill ~ronoh ~cav ~6' T~nch gxoav ~ Trenc~ ~av ~ronch ~cav ~12~ ~t StO~ ~ I-~ ~ Gt~d 2~~ ~,2P C~v ~6 ~ ~v Additio~ ~pth for ~-~ Clerk ~h ~d p~ce ~p ~p U~ble ~vation Unable ~avatio~ T~ ICL fi~ & ~ckfL~ · T~ II C1 fill & ~ckf~ DLtch TOTAL o~ COST COt~S DATE I00~ IOC~ O~ O% IOO~ O% O~ P.e.move 15 true~loade of &og~ Lille gtreet 1 9~ loader ~ Lupine Itoa // ~ excavate trench ~6~ depth Item ~ 2 Fu~i~h qB' ~P ~to~ ~ewor ~ ~B.~/ft TOTALS j. YSIS OF ADJUSTED CONTRACT AMOUNT 'TO DATE (~) O~i~in~l contract ~unc (~el. J * ftenl et Ihll. lo*m). ~ Plus: A~dici~S scheduled in column 4 *~ .. 4. OF wORK PERFORMED th) Less: Ameun~ of ~evious (1) ~AI.A~CE D~E THIS PAY%~NT ~ CERIIFICATION OF CONTRACTOR · . ~ C~plled wlzh all ~ la~ provhioas of said con,acc. (Ceni/IctM) 6, CERTIFICATION OF ARCHITECT OR GNGIK~ER ked and verified the above and fc~egoin$ Petiodlc Easitnate fat PaflltJ Payment; that to the ~t; of my I cc,lf% that % h3vc cLec ' ' ' ' ' I t Slllem~flt O( W~k rfK~d and/m ~ter~l supphed by . . · s~t ~s.ial ~yB~m cloud a~eq~slcd by ~ con.8c~ ss coacctly computed on ,i.I 'u.l/e~**. ~/ .. ' ' - 4, ' .... :. " 7,PRE*PAYMENT C[RTIFICATIOll BY FIELD ENGINEER ~ ' 'ecl ~ th~ r~ rc Il subms.eJ by the l~h-ec~/cnAmee(~ that l~ c~lctol ih~ ~ ~id ~hc 4~1 requested d~Ve. ,0 East o7-11-Olq8~.6o ?836 ~t~terize ~a~ ~toz'aqo Bu~JdinR - City of BRO2'fl CC':;STRUg'rlO:I CO., INC, Box 1313 Kc?al, klask_~._. ~961~ 11-Z'/-78 t~ __. 1. COST OF WORK CO:4PLET£D 70 DATE UHDtR ORIGINAL CON¥1~ACT ONLY Columns (I)th~$h C~). Enzc: data sl~wn in columns l, 2, ], S and ~, :cspcccivcly, on Fo:m [~lll ptepa{cd by Cont{octor. Column C8). ~ncer tl,e difference bcc~'een c,,.ies in columns (~) ~lumn (9). Show percent :atio of column (7) ~o column (~ CO#T~ACT Concrete - Irm~do Build~n~ F~th~ork -Floor drains Site Uork- Concrete founclatio~ - insu~at~on Overhead door$& eZectr~eal 10TAL Of COST COLUU~S 28,000.00 ,O t TOTALS AHALY$I$ OF ADJUST£O CONTRACT AMOUIIT TO ~) O~i~;n~l coflltac~ amount (Col. ~ . I~ et ~. ~lPlus: Ad~]l~ sch~dul~d incolumn4 ANALYSIS OF WOR~ P[RFOKMED (1) ~ALANCE DUE THIS PAYMKNT C[RIlFiCATSON OF CONTRACTOR -,-.o.../ ,o=. I .... ~/, ,19 ?8 Tad. Preside~t CERTIFICATION OF ARCHITECT OR ENGINEER - h,,_~~ 7~ .... . .... ' .. " ~1 ~e c~ecked (~;s e~lim~e oFa;n~ s~ contf=el~os ~c~e o~Am~t~ I~ C~rr~ef P~ymeflfs, e~e.nofe$ and ~c~cs ~ m~ F City of Kenai P.O. Box 580 Kenai, Alaska 007-274.3602 430 W ~[V~ NTH AVENUE ANCHORAG[.ALASKA99DOI O~. ~.nh~.r 25 7R 99611 Bill #09940 Acct. 2255-00 FOR PROF£~.$1ONAL SERVICIr~: Progress billing examination of financial statements for the year ended June 30, 1978. ! . ~[IKE ?AUI~[AINI,:N, ]~. ]~. Consulting Engineer BOX 937 SOLDOTNA, ALASKA 99669 {907) 262-4624 November 29, 1978 City of Kenai Publlc Works Department Box 580 Kenai, Alaska 99011 Attn: Keith Kornelis Statement Winterize Warm Storage Building Project No. 7836 Professional Services 10% of $2900 fee $290.00 Expenses Legal Ad(Clarion) ~ 220.52 Legal Ad (Anchorage) ' 56.?0 Copying 56.85 Postage 3.72 Travel(220 Miles @.25) ';;i' ..-~' Phone ~' 14.51 TOTAL DUE INVOICE ACCOUNT OF McLANE&ASSOCIATES Inc. RE. GISTE. REO LAND SURVEYORS P. O. BOX 468 · PHONE 283-4218 t~OLDOTNA. ALASKA 99669 October 6, 1978 Brown Construction Box 1313 Kenat, Alaska 99611 PLEASE PAY FROM INVOICE ~J PMn~ng servtces i~pMnts ~ $1.20 5 prints @ :Ll-raO~o Total Balance due - x-sections and quantities $1 .8o 1.00 ~ II ............. ' .... lrfl-IIIr I I I ' I '-' -' J- PROJECT MANAGERIS ALAEIKA INc ,~ City of Kens/ Invoice #22478-R P. O. Box 580 November 1. 19'/~ ~.,'~ A~ENTION, Keith Ko.elis, Public ~orks Director C~rlie Bro~, F~nance DirecLor ~qg~ ~ ~gT~' IN¥OICE FOR REIMBURSABLES E.D.A. Project ~07-51-26997 - Airport Road R ~ M ~5~8i1-1 ...... $9~.59 X 105% = $1,012.81/ Total due this invoice $i,012.81 1978 R&H No. 856810 ...... PI~, Inc. ~ ''" ~ / "" .- Dra~er 4040 ~" "" ·~ ~ ....... Kenai, Alaska 99611 i ~':' "'" ' ~'", '' ' t Attention: Hr. Rober~ Hensler ~ ............ October 6, Construction Quality Control Testing Services on Redoubt Way Project; EDA07-51-26965. For Services Rendered through August 2?, 1978. Dear Hr. Hensler: Enclosed is our Invoice No. 856810-2 in the amount of ~514.62 for profes- sxonal serv2ces and xncurred expenses on the above-referenced project. Should you have any questions concerning this invoice, please contact me or the Project Manager, Mr. Wei-Jeu Lin. Thaak you, R&~I CONSULTANTS, INC. C. J. Parisena Anchorage Office Manager CJP/kah/20-Y Enclosure ..<',7 October 6, 1978 PMA, Inc. v -..:v. .... ~ Dra~er 40~0 Kenai, Alaska 99611 '~¢;'" c~=~"r .......... i oM¢;u.I,, Attention: Mr. Robert Hensler _ "- Re: Construction Quality Control Testing Services on Airport Road Project;. EDA 07-51-26997. For Services Rendered through Sepi~b'~'~']'?~'"ig~8.- ..... Dear Mr. Hensler: amount of Enclosed is our Invoice No. 8__5~.8..~._1-2_~in the. $269.22 for profes- sional services and incurred expenses on the aoove-refere~ce~ .... project. Should you have any questions concerning this invoice, please contact me or the Project Manager, Mr. Wei-Jen Lin. Thank you,,-" ": C~.'~a'risen~a~~~ Anchorage Office Manager CJP/kah/20-6 Enclosure KENAI FIRE DEPARTMENT BOX 598 · KENAI, ALASKA 99611 Nov~ber 1, 1978 ~. / TO: Jol~1%Vise, City ;,l~er FRei: ~V. i. Winston, Fire ~ief WALTER A. WINSTON Once again, we closed with a slow and easy month for fire calls, logg~ng four (4) fire calls, the ~ as last month and compared to nine (9) last year and seven (7) five years .a~o, Of the four fires, only one an~unted to any dollar loss and that, unfortunately, ~as a trailer in Higlfland Court tlmt was considered a total loss. Our response time ~a~ nine minutes to that area, which is quite a handicap. Altl~ugh we did confine the fire to the bedroo~ and bathroom in one end, the electrical and heat dannge tl~ougl~mt hakes it uareal~tic to try to repair. Our rescue responses shay nine (9) routine, four (4) auto accidents and two (2) possible heart cases, for a total of 15 runs, compared to 18 l~.~t ~nt~ and 18 for the n~nth of October last year and 15 five years ago. We have stiffened up our inspection procedures so are comv~quently doing f~ver inspections, but more thorough, ~vith five inspections, nine £ollow-ups and t~ attars where the inspectors were refused entry. Also under fire prevention activities, October 9 througl~ 14 was fire prevention week this year. In conj,.mction witil this, we sent two firefighters and an engine to both the grade scl~ol and Junior kt§h to Klve prevention presentatiom~, r_a~lier t.~ts month, ~ sent t~ men, the ambulance and an engine to the hi~ scheol to discu~ and d~Dnstrate career oppor~un/tites in the fire service. October appears to be our month for station tours for the scouts and schools, as we conducted five tours w/th a total of 55 c2~ildren and 13 adults (not inclu!~,~ a few '~dni" tours in be~en). ~' '~'~.i~[~ (~tobe~ 8 - 13 ~ve seat t~ men to Anchored:o for m 40 IDu~ ~t~ of ~ dt~. ~ ~to~ 25 ~ ~ ~o~ offko~ t~ the ~tAte in~truc~ ~tS~tton te~t ~d ~e ~t~l~ tl~e test ~e~lt~. If~th th~s c~if~tio~, they ~11 ~ qualffi~ to hstruct Al~tl~ State I.'ir~ flght~g St~ds ~here in the state. ~'e ~ve ~ ~n e~endtng e~m effo~ ~d qaalify~g all dep~nt ~r~mel on p~ oper- · ating of all fo~ p~oe~. In other trainhg activities, ~ sl~v ~ ~ l~ of cl~s~ training, 3~ ~ l~s of field training t~t includes s~ ~n ~d one p~er ~ntr~t~ ~ the ~l~e for off f~e t~t~ct~n ~ v~fo~ o~1 ~ies. FI ~e are in the process of flo~dng, checking and pumping all fire h.vdrants /m preparation for the freeze up. It is interesting tn ~te the total loss of pressure (frc~ 70 lbs. to 15 lbs. ) ~'hen v~ open a single hy~Jrant flowhg less than 1000 GP:,L i?e ~ still ezperiencing spasm~dic engine p~blera~ with the ambulance and a~e u~rking ~vith the city shop on the l~a~ibility o( o~nverting the ignition and electric~al syste~ t~ resolve the troubles. ~e piphg on engine ~4 (crash truck) h~s been co~..~letely di~antled, cleaned out and re-assembled, putting tl~e unit bade into full service. Respectfully, lYal~er A. i~tnston, Fire Chief ~l'Alt': hln STATE OF ALASKA DEPART~4ENT OF PUBLIC SAFETY Division of Fire Prevention Box 2719 'Juneau, Alaska cONsOLIDATED Z4ONTHLY REPORT -Ct~SS~F~CA?~ON OF ALA~U.~S Men th How Alarms Were Received: Telephone Auxiliar¥ Total Alarms FIRES In Buildinqs' Brush or Grass Rubbish near Buildin¢ Rubbish in Vacant Lot _r,~'.p s ~ / _~isc. Outdoor Fires ' Last i This Month ~nis Year Month Last Year To Date Vehicles in Sire Total Fires Last Year , T~ Date Last Year To Date CALLS OTHER 9~dAN Rescue or L~me: Needless Calls Accidental Alarms False-Alarms Total DIRECT FIRE LOSS Buildinq FireLess Trailer Fire Loss Vehicle Fire Loss Volunteer ,roll Persons Killed ;OhS In' 4.17.63.1 This Month Same Month Last Year This Year To Date Fires l"nis..Mo... No. Est. Loss No. Est_~_ Loss" '&hi.heys, SO°~'m, 7~ing Defective Chimneys, Flues . _ ' ....... "/ ' "'/~,-- Overheated Chimneys, Flues . Sparks~ . _ . . ~ ......... -~'/ . ', ',. 'fda,".' Rubbish. Near.Heaters Combustibles' Near Heate~.s .......... ~en Lights, Flames / . ~..,~O ~ ..... Hot Ashes , / ...... ~ ~ ~ ......... ~i! .B~rners__ ..... . . .Star.ting Fire.s, Kerosene, etc ~ .... . ..... Car~.ess Smoking , ',~ ~ k ~, .~,ildren .Wit% I'~at~s " ,, ,, ' ....... CaKel.e.s.s Use of Matches / Appliances and Motors 3 .3~d / ~o~e Dr~ Cleaning . F~mable. L%guia.. (ug'.g. of) ','/ ~,amps and Stoves Gas and APPl'i~nces. ' ............. ~rease o~. Stoves. . , , . ., .......... / ~pontaneous. Ignition .................... Fireworks , , f .... ~ ...... -- ~awin~. Pipes ,. Sparks from .~aq~e~ ' ' : ....... ' - Zncendia~ ............. " ,. ., ...... -- ~i,. ~o~ c~,,. . !.... ~, ~/ ,. ~.o~. Suspicious ............. , .. 4.17.63.2 OC~UP~NC~ OF BUiLDInG' (Inspections; fires, losses) ~UBLIc BUILDINGS:" Government ~uildinqs Hqspitals and Institution schgols ~Churches DI~ELLING OCCUPANCIES: Hotels , Lodging HgDses ., Apartments ..... Dwellinqs .,. Stores and ~eellinqs Trai%ers 2.1ERCANTILES: Office Buildings Small Retail S~ores Restaurants Large SinGle OccuD. Mere. , Multiple Occup. Mercantiles ~_~Storaqe Warehouses ::J~NUFACTURING ,, Texile., Fabric Workers Metal Workers Food Products Chemical Works Flammable LiGuids and Gases ~.~ Multiple Occup. ;4anufacturing 'Misc. Manufacturing f~'~ISCELLANEOUS BLDGS. Yards Railroad, *~arf Propgrty Bulk. Oil Storage Public Garages and Filli Private Garages F~sc. Structures Total ~n Bu~31dinqs 4.17.63.4 This Year to Date Fires Losses ! Last Year to Dat HOW FIRE %~%S CONTROLLED Mo. I I I t · Dot Before Arrival of ApParatus · Occupants with Extincuishers -.utomatic Sprinklers Controlled Fire .'~utomatic Sprinklers Held Fire in Chec~__l Fire Department Using: Brooms and Shovels l~ter Solution Extinguishers Pump Cans Foam Extinauishers CO-2 or drv-chemical-aas units Other .TYpe Extinguishers 1 inch e'nemical or booster line one 1~ inch hose line Two or more._l% inch hose lines ~%~o or more 2% inch hose lines Other Equipment Total Fires · This Year To Date / Zl,, 79 TYPE OF BUILDING Last Yoar To Date Fire Resistive: Reinforced Concrete Protected Steel Frame Fire Resistive:~ Fires to Date This Year lLas= Year Brick or Stone Walls Iron Clad Concrete Block or Tile Walls !~ood Frame ::or Classified Total -Exposure Losses [number of rheA bore fires which spread to other buildings, Losses to Date Th~s Year !L~St Year =-nd losses in these other buildings: .T. otal Losses , . I I ~ [ . -, I ,, *Interior Construction mostly wood or with unprotected steel members. o ~'14 .~3 - 4. l?. 63.3 FOLLOW UP ON INSPECTIONS AND O~]{ER ..FIRE PREVENTION ?ol!owinq ~,7ork was Done ~ ~,:onth ~:~onth .... ',_ To Date_ . To_ _.Date_.._ _£nspections b~ Fire.Dept. 7 .... ~om~l aints..Received ~_. ' _;'otal ~nspections __ __ ~.~ ;.~3'~ ~t- ~ ~,,~ ~o,,,,~! ...... _Liability Notices So,~¢d ........ . .~.~.!~s~~ .............. :o~rt Actions Iastitut~.d ~ ~.rrests 14ad9 ....... . ~ ..... : ~ ........ 2onvictions " .~ ,.. . ?ire Drill~ su~erVis~ ........ ' ..... ~adio T~ l'[s .... Photographs Taken ...... Fi~ms sno~. { ~ ~ ~ '~'~' total' Au.~i.ence' ~ ~ :. ~' ': ......... ~ ...... ~ / "- USE OF EQUIPMENT ~ee~ o~..-,~" hose usea .--eet of 2%. hose usea ] ~eet of}Ladde~ '~a~sed ....... .:~[~.. sal e covers rea~ .... NaUonM IG20 Eye Street, N.W. League Washington, D. C. of 2OOO6 CitJoa, (202) 29~-7310 CaMe: NLCITIES Novembe= 3, 1978 FRO~4~ SUBJECTs OFFICERS: · k~,.u RmW (1) Mayors and Managers of Direct Member Cities (2) Executive Directors of State Municipal Leagues (3) Other Municipal Officials NLC Building Fund A number of cities have contacted us with questions after receiving the letter from Mayor Moody announcing the decision of the I~C Board of Directors to establish a fund for the acquisition of a NLC headquarters building. The most frequently asked questions, and the answers to these questions, are given below. 1. What is the justification and need for the acquisition of the new NLC headquazters building? All rentabl¥ space available to NLCat its present location is completely occupied and no additional space will become available in the foreseeable future. In addition, NLC has offices in another building a block away. Not only does this create administrative and morale problems, but part of the space in this second building is occupied under a sublease and NLChas been asked to vacate this space as of the middle of November 1978. Several years ago, when the pos=f.bility of a shortage of office space first became apparent, NLC retalne~ a consulting firm to analyze the future space needs of the organization. Their findings showed that not only would the NLC staff increase over the next several years (although at a slower rate than in the past), but that the demand for office space was so great in the immediate area of our current headquarters that NLCwould be forced to a¢c/~ire individual offices in several separate locations. Ownership and control of the headquarters building will assure NLC that adequate space will always be available within one facility. What is the authority of the NLC Board of Directors to levy an assessment? The Board of Directors, as the governing body of NLC, has the authority and responsibility to establish the annual membership dues and the schedule of fees, or system of charges, for all other services. In addition, the Board of Directors is responsible for assuring that the facilities and staff are appropriate for the performance of the 'business of the organization. ~acility n6eds and in July 1U75 d~tecte~ the ExecuEfve Dtrec6or to explore alternatiVb apprb~c~es for solv~fl~ O~fice space problems. As a part of thi= dircc~ive; t~,6 ~J£j u~tublls],ed the following guideline~ First; cohsf~er ~u~ld~ng of purchasing ~ ~uil~ng {o lessen the loh~-t~rmober~6~n~ costs and to build equity. ~eco~d; accommodate bur iong-termneeds for expansion and encourage ~elate~ municipal organizations to locate with us. Thfrd~ achieve ~ dis~ctive design. Fo~h, C6n~nue our co~f~en~ to central-city Washington, D.C., reasonably close to the ~fte IIouse, Capitol H~ll, ~Jor federal agencies, ~d to hotel ~ ~r~sportatfon facilities. ~ach su6ceed~ng meeting of the ~ard of Directors (three are held each y~a~) all aspects and various alternatives of the building were considered, at ~e 1977 s~er meeting in S~ta Fe the ~ard gave ~ani~us approval ~roceed with the preparation of a letter of agreement with the developer. letter of agreement was approved in S~ Fr~cisco in ~ce~er 1977, the i~ase was a~proved at the ~rch 1978 meeting, ~d the special assessment ~hed~l~ a~ ~e July 1978 meeting. sf~e ~l~cte~, the building design, ~d the provisions of the letter of a~ee~n{ kelly meet the ~idleines laid do~ by the ~ard. ~F~ 4~f~t me,rs not no{i~ed ~fore Septe~er 19787 Announcments were mad~ to NLC members about the new headquarters building in an~ditorial in the March 1978 issue of Nation's Cities magazine, a copy of which is attache~, and in the February 3 and July 24 issues of ~it~ Weekly. The last included the announcement of the special assessment. Given ~he sensitivity of negotiations with respect to site selection and la~ acquisition, construction funding, and letters of agreement and lease negotiations, i~ was deemed inappropriate to make any ~ublic announcement prior to March 1978. 4e How was the 17 percent assessment determined? Th~ N~C headquar%ers building now being constructed at 13th and E Street, N.W., will cost approximately $17 million to construct. On the basis of experience over the last 20 years in Washington, it is estimated that NLC will need $7,762,500 in cash, plus appropriate financing, to purchase the building in 1995, when it can exercise the option to buy. It is conservatively estimated that a 17 ~ercent special ~-mual assessment of the dues of each memb. over 15 years, plus the interest ~hat will accrue, w~11 produce approximately this amount. The exact dollar amount ~hat will b~ produced will depend upon such factors as the available interest rate ~L~ the nu~r of cities that select each of the four payment options. -3- Building fund monio~ will bo deposited in a sinking fund and managed by a Building Comnittee created by the Board of Directors working through the trust department of a local bank. Are contributions from private corporations and individuals tax deductible? It is planned that NLC will assign its leqal rights and interest in the building to the American Institute for Research, Education, and Training, a 501(c)(3) corporation wholly owned by NLC. Gifts to 50I(c)(3) corpora- tions are tax deductible. We have received a legal opinion to this effect. If Option A is selected for the payment of the building fund assessment, .will the alnount of the annual assessment change as a result of changes in either population or the dues structure? Yes. The annual assessment for the building fund is 17 percent of the membership dues for each of the 15 years. If Option B, C, or D is selected, will the amount of the annual building assessment change as a result . ~ a change in either population or the dues structure? No. If a city elects to pay the building fund in five years (Option B), three years (Option C), or one year (Option D), the base upon which the 17 percent assessment will be levied will be the 1979 dues. How does a city determine the amount to be paid each year and in total under each of the options~ Option As Multiply the annual dues by .17 percent. For example= The dues for a city of 50,001 to 60,000 population is $1,200. The annual building fund assessment would be ~1,200 x .17) = $204. Over 15 years under this option such a city will pay $3,060. Option B: Multiply the annual dues by 17 percent; multiply this amount by 15 (years); subtract 10 percent of this amount; divide the remainder by 5 (years). For the s~ city= ltnnual Building Fund Assessment Total number of years 204 15 ~3,060 306 Less 10 percent discount Total payment $2,754 Perio~ of payment $ 5 Ann~al payment in each of 5 yrs $ 558 O~tion Cs Nultiply the annual dues by 17 percent; multiply this amount by 15 (years)~ subtract 15 percent of this amount; divide the remainder by 3 (years). For the same city= Annual Building Fund Assessment $ 204 Total number of years 15 $3,060 Less 15 percent discount 459 Total payment--3 years $2,601. Period of payment~-3 years ~ 3 Annual payment in each of 3 yrs $ 867 'Option Ds Multiply the annual dues by 17 percentl multiply this amount bY i5 (years)~ subtract 20 percent of this amount. For the sams city~ · Annual Building Fund Assessment $ 204 Total n~her of years 15 $3,060 Less 20 percent discount 612 Total payment in one year $2,448 9. Are there sp~.cial forms for eelectingand paying the various optional payment plans? .No..The annual membership invoice mailed to each member city will show the Annual Dues, Annual Building Fund Assessment, and the total due for the year. If a city elects Option B, C, or D, it should correct the amount shown for the assessment on the invoice remittance copy and return it with a check to NLC. In subsequent years, the invoice will be ~orreoted to refleot the payment option selected. 10. Now many state municipal leagues own their own building? A total of 17 state municipal leagues (Alabama, Arizona, California, Idaho, Illinois, K~nsas, Louisiana, Maine, Maryland, Michigan, Nebraska, New Mexioo, North Carolina, Oklahoma, Oregon, Pennsylvania, and Washington) own or are now constructing their own building. row n u ng ] ] r,,~,~ The National League this long-term project. ] I I ;, ~t I on a most significant Pennsylvania Avenue to uccomrmnlate other lit t '~] ven,u~: con.,,~cting ,,,nnicipa~ and reined or~aniza,on,. Over ~ I [ "~ abuildinginW~l,ing, the year most of the municipal professions ..,aa ~ i .i i ton, D.C., to hou:~c [ ' ' [ our staff operations, the work they do strengthen.~ city govern. ~ "l,,M,,~-~i Your Board of Di- mcnt. We have an opponunity, withtheNLC rextors has been working on this proposition for the three years since July 197:~, when it aulhotized Ihe Executive Director to begin the development process. Our national organization has grown over the pa.~ decade to the point where we do not have expansion room in our present head- quarters at 1620 I Street. Indeed, we cur- tentiy lens~ office space in two other build- ings. Our planning process anticipated not only our long-term space nced~, but also the rapidly escalating costs of office space in the nation's capital. (The city now ranks among the tkree most expensive when it comes to the costs of office space.) The National League of Cities board adopted a set of principles to guide us in our ~eareh for new qumlets: First consider building or purchasing a bniMin$ to lessen the long. term operating costs and build equity. Second, accommodate our long-term nee~ for eapansion and encourage related municipal organizations to locate with us. Third, achieve a distinctive design. Fourth, continue our commitment to central.city Washington, D.C., reasonably close tothe White House, Capitol Hill, majo~ federal agencies, and to hotel and transporta. tion facilities. I am vet7 proud to ~aort that NLC has lived up to all of these principles. We have developed a $ouud and creative arrangement to meet our space needs and eventually quire a building. Out new location will be at i 301 Pennsyi. vania Avenue, N.W. (see picture at tight). We have been working with the Pennsylvania Avenue Development Corporation for two yeats on the project. This quasi-public coqx~ ration has the responsibility for the rede- v¢10pment of tbe 21 blocks along Petmsyl- vania Avenue between the Capitol and the White House. NL~ has become a limited parmer with the Qusdrnagle Development Corporation of Washington, D.C., in the consttu~ict, of the building and has obtained a long.term leme arrangement with the tight to buy the build. lng in futura yeats. This acknowledges, as a nonprofit corporation, our lack of front-end ~ to capitalize a building on our own. Last year the buard authmized the staff to de- velo~ a long-term financial and fund.raising plan to enable us to purchase the building. The board mlticipates that a sinking fund will be established by the cud of 1978 and that our building, to maximize our municipal effec- tiveness in Washington by being housed to- gether, sharing our respective expertise, and enhancing the image and presence of Ameri. can cities in Washington. I hope that many of our Mends will join with us at this location. The new NLC building is already drawing raves in Washington. Designed by arehitact Frank Schlesinger, the 12-stor~ building won early approval from ti~ Pennsylvania Ave- nue Development Corporation (PADC) and the Commission on Fine Arts. Architecture critic Wolf yon Eckardt, in a review in the g/ashington Post. said, "This pmmiscs to Md up to an inviting, dignified, attractive and self. assured building." Th~ building will have a number of energy-cosseting fen- tm'es. It will also include balconies overlook. lng Pennsylvania Avenue across the new Western Plaza, a la~ge landscaped public ~quare to be developed by PADC in keeping with Pierre L'Enfant's and Benjamin Ban. neker's original plan. An outdoor tewace will ovedook 13th Sueet a~ the building's fourth. floor level. The "projection and ~eeess" design of the building will give it a sculptured look, and a sense of openness will be brought into the building by a series of two-story "mini- atriums" throughout the full height of the building. At street level, there will be a pedestrian arcade and two levels of retail stores, with access from both Pennsylvania Avenue and 13th Street, NW. ~ NLC building will be sharing the same square block with a $100-million office, ho{el, and retail complex proposed by the Na- tional Press Club Coqaoration and Portman Properties of Atlanla. Finally. this new venture is a solid, tiu'en- d!nl~sional, working example of what the League of Cities meant when it made mban conservation the ovef-a,-r, hing theme of NLC policy. We ate taking an underdeveloped site and, through private invemnent, without gnmL~ or subsidies, we ate revitalizing a portion of Washington's cenlral business district with a new building that will pay texes to the city tire seeing for city residoms. ~ hope you share the NLC board's eh. thusiasm and my own fef this exciting yon- Tom Mo~ty, Mayor of Columbus, Ohio President of the National L~ague of Citm NOVEMBER 15, 1978 MEMORANDUM TO FROM FLOAT PLANE OPERATORS TOWER CHIEF MR JOHN ARSENAULT CITY COUNCIL DEPARTMENT OF PUBLIC WORKS POLICE DEPARTMENT FIRE DEPARtmENT FINANCE DEPARTMENT CITY ATTORNEY, ., ~ ~~-~WI SE , ~C I~T'y~'~NAGER On November 14, 1978 the following NOTAM was issued by the City. "The City of Kenai has prohibited all aeronautical activities on that portion of the municipal airport known at the water reservoir or basin until further notice." Locks to the gate adjacent to the area will be changed. A key may be borrowed from the Police Department for access in order to remove personal property. Any aircraft remaining in the area effecting December 1, 1978 will be charged tie down fees as of that date. As soon as data is available for the City to determine what action will make the area safe for float oDeration, all Concerned parties will be invited to participate in the Council and Administration decision as to whether or not it ~ill.be cost effective and in the best interests of the City. PW November 27, ].978 Honorable Mike Gravel United States Senate 3121Dirksen Senate Office Building Washington, D. C. 20510 Dear Senator Gravel: Here may be ~' situation wherein we can strike a blow for liberty! Recently, I visited Marathon Oil as part of an inspection yrip to their drill ship operating in Lower Cook Inlet. During the briefing, it became obvious that Marathon was expending considerable time and money (maybe $800,000) responding to environmental inquiries about their exploratory activities which should be addressed to them during the development and production phases. First of all, Marathon, which wants to answer, can not intelligently and fully respond since they do not know what they have if anything so the exercise is not productive. This also burdens the exploratory budget and reduces exploratory activities, Another problem is the routing of reports, inquiries, changes, etc. -- Anchorage¢ Menlo Park, California, and Washington D. C. Some reg~onalization is good if the region has responsibility and authority and exercises such. Could you inquire about all this and, if appropriate, make the necessary recommendations? Best to you..,. Sincerely,-- Vincent O'Reilly, Mayor VOR:sp Iii ~ .-'~ .., · '" %~"*1 ~" '' · ... -. ~/' < '? -'~_ .. ., .,,, November 14, 1978 L_ ltonorable Mike Gravel Unite~ States Senate 3121 Dirksen Senate Office Building Washington, D. C. 20510 Dear Senator Gravel: l ~-: ~'- (- Thank you for your letter of October 25th in regard to Alaska land Senate action. This matter has been brought to the Kenai City Council's attention. Please advise what specific action the City can take in the combined congressional effort to pro- tect our State's interest? With best personal regards. Sincerely, ,. · Vincent Oq~,eill¥, Mayor VOR: Sl~ November 14, 1978 John Wise ° City }ianager - City of Kenai ~oz 580 Kenai, All 99611 RB: Parking Lot Dear }ir. Wise: l~en I arrived at the airport today I had difficulty finding a parking space in our parking lot. I counted 24 vehicles which included three large motor homes and a Raven T~anslt 'bus. I counted six customers in our establishment. That means our parking lot is being used for other than its intended purpose. The F~A maintenance vehicles also occupied spaces near the door way, contrary to our agreement to have them park next to the fence. ! spoke to the Oity Attorney about this and have done so on previous occasions. He has related to me that you were made -aware of our problem. Mr. Wise, our problem is your problem - ' we have a lease that speaks very clearly on the usage of our park- lng lot and we expect the City to honor that aggreement. We've been more than patient and now feel it is jusLified to .remedy the problem. We await your reply and suggestions co remedy this flagrant, violation of our lease agreement with the City of Kenal, Respectfully submitted, }9 .. Car~ R. Bi,el President Avlatioa Consultants, Inc. 'O [~ Ted Forsi and Associates 107 We~t Sixth AvPnue, Suite ~)f15 Anchorage. Alaska 99501 · (907) 274.9517 Mr. John Wise City Manager City of Kenai Box 580 Kenai, AK 99600 Date November 9, 1978 Proj~t No. 7832 ~:/.',~ Proj~t Name Kenai Waterline Billing for Period October g Summary of Work Completed Bruce Robson, Civil Engineer Bluelines Xer~xing/Bind/ng ...... CO~C / l, / 19.0 Hours @ $40.00/Hour $760. O0 -/'' ll. 88 J i~ / ' Total Du ,. · PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS SUBJECT TO I~.I)ER I/,ONTH CHARGE. Ted Forsi and Associates 107 W~I Sixth Avenue, Suito 205 Anehor,~, Alask~ 99501 · (g07J 274-9517 ~ ~ Date ~ove~oE 8, ,1978 Ct~y o~ Kena~ Project No. 7860 ~.O. Box 580 Xena~ AK 99611 Proj~t Name Sgu~ Ht~. ~ate~ & Sewe~ Billing for Period October _1 Summary of Work Completed Ted Forsi, Principal Bruce Robson, Civil Engineer 44ebit~zation z .,-,-,~,o., 4¢/ 7~, ~,.,t,~q 2 Man Survey Crew S.T. 3~v~n Survey Crew Office Engineering Plats/Air Photos Airfare - AAI Surveying Supplies Vehicle O.T. S.T. O.T. · 5 Hours @ $50.00~Hour 6.5 Hours @ 40.00~Hour 3.0 Hours @ 30.00/Hour 2.5 Hours @ 60.00~Hour · 5 Hours @ 78.00~Hour 26.5 Hours @ 95.00~Ilour 4.5 Hours @ 125.00~Bour 1.0 Hours @ 30.00~Hour / 2 Days @ 40.00/Day 25.00 260.00 90.00 150.00 39.00 2,517.50~ 562.50 30.00 21.31 19.80 43.85 80.00 / Total Due, $3,838.96 PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS SUBJECT TO 1~ PER MONTH CHARGE. Ted Forsi and Associates 107 W~t $ixtl~ Avenue, Suim 205 Ancho~, AlaAa 9950! · (907} 274-9517 City of Kenai P.O. Box 580 Kenai, AK 99611 g Lily OF KENAI Date November 8, 1978 Project No. 7861 Project Name Main Street Water & Sewer Billing for Period October Summary of Work Completed Ted Forsi, Principal Bruce Robson, Civil Engineer 2 Man Suzvey Crew Office Engineering Plats/ Air Photos Airfare - AAI Surveying Supplies Vehicle · 5 Hours @ $50.00/Hour $ 25.00 5.0 Hours @ 40.0~/Hour 200. O0 3.0 Hours @ 30.00~Hour 90.00 11.5 Hours @ 60.0~/Hour 690. O0 1.0 Hours @ 30.0~/Hour 30.00 21.31 19.81 43.85 1.5 Days @ 40.00./Day 60. O0 ~'~'~ ]'¥ CL£i~K ................. ["3 PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS SUBJECT TO I~PER MONTH CHARGE. -. vv F Ted Forsi and Associates 107 Weat 'Jixth ^ ..... ~'" 205 Anchorage, Alaska 99501 · (907) 274-9517 City of Kenai P.O. Box 580 Kenai, AK 99611 g Summary of Work Completed Ted Forsi, Principal Bruce Robson, Civil Engineer · Mobilizabion ~,. 2 ~ Survey Crew LIlY OF KLNAI Date November 8, 1978 Project No. 7862 Project Name Lawton St. Water & Sewer Billing for Period October 3 Man Survey Crew Office Engineering Plats/ Air Photos Airfare StLrveytng Supplies Vehicle · 5 Hours @ $50.00~Hour 6.0 Hours @ 40.00~Hour ~',4. 3.0 Hours @ 30.0~/Hour / B.T. 7.5 Hours @ 60. O0/Hour O.T. 1.5 Hours @ 78.00~Hour S.T. 13.5 Hours @ 95.00~Hour O.T. 3.0 Hours @ 125.00/Hour 1.0 Hours @ 30.00~Hour 2 Days @ 40.00/Day 25.O0 240. O0 90. O0 450. O0 117.00 282.50 375.00 30. O0 21.31 19.80 43.85 80. O0 ,.n~v T" . /='/'L/.... / Toml I~,$2 ' 7 PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. "~ DELINQUENT BILLS SUBJECT TO I~FER MONTH CHARGE. "':' '~i Anchora~. Alaska 9950, · (907) 274.9§17 City of Konai P.O. Box 580 Kenai, AK 99611 NOV Date November 8, 1978 I. il~' ur' Project No. 7863 (~nlet View to Project Name Water Loo~ Central Hgts. ) Billing for Period October Summary of Work Completed Ted Forsi, Principal .5 Hours @ $50.0~/Hour $ 25.00 Bruce Robson, Civil Engineer 5.0 Hours @ 40.00/Hour 200.00 {4ebilization A~"9 '~. 7, c 4. 3.0 Hours @ 30.00fHour 90.00 2 Man Survey Crew 2.5 Hours @ 60.00/Hour 150.00 Office Engineering .5 Hours @ 30.00~Hour 15.00 Plats/ Air Photos 21.31 Surveying Supplies 43.85 / Vehicle 1.5 Days @ 40. O0/Day 60.00 Airplane 1 Trip 45.00 Total D PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS. DELINQUENT BILLS SUBJECT TO I~PER MONTH CHARGE. CITY MANAGI!R'S RIiI~ORT DECEMBER 6, 1978 I ORDINANCE 447-78 is for the surplus water tank building and equil>ment disposal. This Ordinance was tabled at the last meeting so that we could investigate the possiblity of any further use by the City of this property. The Director of Public l%'orks will discuss this item in his' report, listing anything that might still be usable by the City. 2 ORDINANCE 450-78 covers the Charter Amendments. In discussing this Ordinance with the City Attorney, it appears we need to amend the Ordinance so that a single vote will be held on all three questions, rather than three separate votes. An additional item will be added to cover this. ~ ORDINANCE 451-78 appropriates Federal Revenue Sharing money for the animal shelter in the amount of $20,000. This will be used to expand the shelter. Upon adoption of this Ordinance, the staff will develop plans and specifications so that lee can proceed with the bid for the renovation and upgrading of the facility. I~eather permittSng, lee hope to do this by early summer. 4 ORDINANCE 452-78 appropriates Federal Revenue Sharing monies for a maintenance lean to for a grease rack and related materials. This approp- riation is for $50,000. Upon approval of it, the staff will prepare detailed plans and estimates for the bid for construction of this project. This, too, we hope to do in early summer. 5 LIQUOR LICENSE RENEWALS FOR LARRY'S CLUB AND FOR FOODTO~N LIQUOR AS A RETAIL STORE. The Police Department has indicated no problem with e~ther activity. The Clerk will provide the Council will updated data regarding the tax situaiion. 6 The Comnittee of the Council has requested that the National Ba:.k of Alaska Trust Department present a discussion of use of CITY AIRPORT LANDS. I am not fully aware of the details, but it does provide for the management of the lands by a bank trust department rather than the City. 7 ORDINANCE 453-78 is a complete revision of the ~illow Street/McCullum ~eP ahd ~W~ lihe O~di~ahce. This will provide fund[ng for the sewer lift station. The Ordinance is mult-sectioned since we are providing clear indication as to the funding for each item, or group of items, the source of funding and how much money is being allocated to each project. This is necessary since we have two different projects supported individually by the State of Alaska Department of Environmental Conservation. To meet their auditing requirements, we must isolate the cost of each project. We feel that this Ordinance will clarify our use of the Federal, State and City funds. This will also facilitate a good audit trail. 8 ORDINANCE 4S4-78 properly funds the Step Two Grant Application for the sewer treatment plant and extension of the main sewer line to the plant. While we do not now have firm committments from either EPA or the State, ~we do need this fund with anticipated revenues to be properly funded to enable us to move into a post~re where we can sign a contract with CH2M ltill. This will be discussed later on the Agenda. ~ITY lvIANAGI:R'S REPORT December 6, 1978 page 2 9 RESOI,UTION 78-194, prepared ,a,t' the direction of the City Council, is a recommendatic~that the Borough Assembly provides .~o,,e add itium, l .,,,d interim funding for the effective operation of thc Community College. 10 RESOLUTION 78-195 requests a transfer of funds within the sewer treatment plant account to provide for schooling of our treatment plant operators. This is in accordance with State administrative regulations. 11 RESOLUTION 78-196 authorizes signing the contract with CII2M llill for the engineering of .qtep Xwo of the setcer Lrcatment plaut, providing for its design and the extension of the main sewer line to the plant. The authorization is for signing the contract suliject to approval of Federal and State funding. The contract so notes that the it must be approved before signing. Therefore, we will not be giving notice to proceed to the engineering company at this time. This will not happen until we have ackno;,,lcdgement by EPA and DEC. 12 RESOLUTION 78-197 transfers funds from the LPlq project to pay bills listed at this particular section of the Agenda. 15 RESOLUTION 78-198 transfers funds from contingency to street lights so that we can repair our street lights. We are making every effort to repair the street lights that are giving us trouble. We feel that this is a justifiable transfer. 14 RESOLUTION 78-199 provides for the Council to accept the audit now availabl.e. The audit appears to acknm~ledge that the City is in a good financial posture. 15 RESOLUTION 78-200 transfers funds within the Finance Department for overtime. It also transfers funds to the Legislative budget to fund the Christmas party. The request for the transfer from Finance salaries to overtime is required due to the vacancy resulting in the recruitment of a new Finance Director.and then a new accountant. Certain work,.as..a result of the vacancies, ig behind and we need to catch up. The overtime request is a result of this need. 16 RESOLUTION 78-201 authorizes a recordable document providing for ingress and egress of areas known commonly as the VOR access road of the City airport lands. The Kenai Natives asked for this document, but it also relates to public right of way and use of that road. 17 RESOLUTION 78-202 authorizes the acceptance of a release for Tract D-6 which is that area encompassing the proposed lot to be leased by First Federal Savings and Loan. ?lease note that this Deed of Release is restricted to lease only despite our request for authority to lease or sell. 18 RESOLUTION 78-203 recommends the rezoning of a tract of land in Valhalla. This land abuts the General Commercial. section of Thompson Park. The Advisory Planning and Zoning Commission did not wish to contradict our Resolution 78-142 that asks for no rezoning at this time. llowever, the Commission felt this rezoning was a logical extension of a General Commercial zone and had certain other redeeming features. Their request for Council concurrence in this matter underlies the Resolutim Decembor 6, 1978 pagc 3 19 RESOI.UTION 78-204 prepared at Council's direction SUpl~orts Bishop .Brother's ~ir taxi certificate. This certificate has been in hearing the past several weeks. BILLS FOR PAYMENT 20 These bills range from engineering to LP%~' work bills. These bills must be acted on individually and I will not discuss them here. Under New Business will be two items that I am requesting discussion of. One regards the AIRPORT SKI STRIP. The plan to establish a ski strip between taxiways A and B has met with serious opposition from thc operators at the airport. This was voiced at the recent snow removal conference we had. Others have said that using the proposed grass strip, even though it is only 1000 feet long, is more than adequate for a proper ski operation. Specifically the opinion was voiced that the pilots know the length of the strip and should know their own airplane and capabilities. If the strip is not long enough, the individual pilots should not use it. l~e need to get this issue resolved. The other discussion item on the agenda that I have requested is flEA's claims. I do not have all the data now; however, I anticpate receiving it prior to Sgednesday. Councfl is aware that, when we were working in front of the Terminal, HEA, after the contractor scraped a couple of cable lines, felt they needed to replace underground wiring and conduit. There are bills resulting from that replacement as well as other incidents that occurred here in the Airport. If those bills are available, we will summarize and present a discussion paper to the Council. My interest in resolving this is to clean up all the current active LPi~ projects as soon as we can. OTHER ITEMS 21 The Alaska Division of Lands has been contacted about the GBMENTARY and we have asked for transfer of that land as soon as possible to the City. ~e have requested they move on the original request of some years ago. 22 A letter has been sent to the NATIONAL ~UARD concerning the use of certain lands for training. The letter I have sent authorized their use of the land through 1980. This is subject to review and renewal at that time, depending on the status of the airport development. I believe ~his will be satisfactory for the Guard carriers operation and training. 2S On behalf of the City we have filed for SECTION 36 including joint consideration that requires the State to react rather rapidly to our request. I would anticipate, in accordance with the procedures they have established, that this meeting should be held shortly and we should have title by next summer. 24 The RB~EAZION COl~II88ION has requested a representative from the State Parks Division of the Deparment of Natural Resources meet with them lVh-.sChristie has been contacted and will be here on the December 4. The Commission has planned, I believe, a special meeting to meet with her. ~e will meet with ~rs that afternoon to formulate a plan for the Commission. CITY MANAGER'S REPORT December 6, 1978 - page 4 25 We were p;,ei)ared to issue a Special Use Permit fei' ARCTIC AVIATION fo:' tie down space adjacent to the t'axiway in the CAI' hangars. This was discussed prior to the SllOW removal mcetinn and o.r propo~; was :nade aL thaL Lime. During tile snow removal meeting they decided ;lot to proceed with that request at this time. Therefore this has been tabled. 26 Letters have been sent to Serendipity, First Federal and to Mr Kilmer about the LEASE I.AND. q'her were notified ttlat their proposals were reviewed and accepted by the Planning Commission. We tmve completed the lease package, appraisals, platting and release and they should respond within thirty days with a formal declaration to Council. In the case of Serendipity, the date of December 31, 1978 was clearly pointed out. The Ordinance limitation of 30 days was pointed out to the others. 27 I would like to announce that a Seattle development firm has, asked for a CONCEPT LEASE for the area between the Dairy Queen and Airport Way when realigned as the site of a 100,000 square feet shopping center. This will go to the Planning Commission at their next regular meeting. While this has been known for some time, they reiterated that they were not distressed by the Alpetco announcement and were fully aware of it. 28 I would also like to report that a letter has been prepared to indicate to Mr Joe Ross that the City has no objection to release the AMBULANCE to Seldovia. ~e have also taken other action to properly provide title of that ambulance. 29 Gravel has been added to and spread on RAVEN STREET and we believe the job has been done in accordance with directions from the Council. 30 The Council Ad Hoc Committee on Streets met with the residents of LILAC STREET on ~ednesday, November 22. Essentially they found two options: :.to fill the ditch cuts and secondly to pave the streets with curbs and gutters and appropriate storm sewers. It was pointed out that nothing could be done until next summer. They were asked to make their desires known by appropriate letter of petition on or about the first of February. 31 There will be PUBLIC HEARING by the Department of Transportation public facilities for the WILLOI~ STREET reconstruction project which will widen the street to 24 foot paved surfaces with curbs, gutters and storm sewers. There will be a sidewalk on the west side of the street. This hearing will be held on Thursday, December 7, 1978 at the Public Safety Building 32 Last Wednesday night the POLICE DEPARTMENT, acting on information they received, successfully apprehended the suspe~:s alleged to be the bank robbers from the Anchorage armed robbery. The suspects were in the Sheffield House and the police, in coordination with the Sheffield management and those occupying various rooms, were able to secure the area and evacuate all personnel that might be endangered. By their ~very professional performance., they apprehended the suspects witheut any exchange of gunfire. This was antextremely well-done job. CITY MANAGER'S RIiI'ORT December 6, 1978 - page 33 Tho POLICE, in other instances of professional ability, have apprehended the suspects thought to have vandalized the bluff, Glacier State ~'elephone plus some other areas of the City. I consider this, again, to be another very effective performance b)' the Police Department. CITY OF KENAI ¥ ,, P. O. BOX 580 KENAI, ALASKA 99511 TELEPHONE ~8~ · 7555 December 1, 1978 MEMO .© TO: FROM: SUBJECT: John ffise, City Manager Keith Kornelis, Director of Public Works What's Happening Report for City Council Meeting on December 6, 1978 DECLARING WELL tlOUSE NO. 7 SURPLUS (BUILDING AND RELATED Attached is a memo to John l~ise from myself dated November 22 concerning Ordinance No. 447-78 which declares Fell House No. 7 surplus. Besides the memo which describes the building and the related materials, Ordinance No. 447-78 is attached. Also, Ordinance 401-78 and Resolution No. 78-109 concerfiifig:the IVell House are included. . . AIRPORT SNOI~ REblOVAL '" ~ On Tuesday~ November 21, 1978, at 9:00 a.m., the Public Works Department for the City of Kenai held its annual meeting concerning snow removal operations at the Kenai Mu:icipal Airport. FAA, all fix base operators, and AAI were asked to attend. The minutes of the meeting are attached.' FAA, Flight Service, and most of the Fix Base Operators were in attendance. There were many comments made at the meeting that I felt the Council might be interested in, and therefore, have attached it to my report. J RAVEN STREET At the last Council meeting, the Council o£ the City of Kenai directed the Public Works Department to haul material to Raven Street. Raven Street is ono'o£ the many "paper streets" that is typical throughout the City of Kenai. When the State of Alaska subdivided their land in this area, they dedicated Raven Street as a public right o£ way, but they did no construction whatsoever. erie property owner on Raven Street has been using the street as a driveway, tte claims that this public right of way was altered two years ago when the City of Kenai put in a ~aterline on Raven Street. Memo to John ~iso Page 2 December 1, 1978 The Public Works Department estimates approximately $800 was spent on Raven Street. This includes four men working two hours, two du.q~ tz'uck~, u.~ loader, and a blade· Ne hauled six loads of gravel which the City has recently purchased for $ 00. WINTERIZATION OF WARM STORAGE BUILDING Craig's Concrete Service, a subcontractor for Brown Construction Company, has completed the interior concrete floor of the Warm Storage Building. The floor drainage system has also been completed. Because of the lateness of the %onstruction season, the remaining work which is exterior will have to be completed next spring. This improvement will not only help in the operation and maintenance of the building but will provide a cleaner and more efficient operation for our Street Crew. DEEP~OOD PARK CURB AND GUTTERS .© Mr. Doug Taylor has indicated to me that the owners of Deepwood Park would not be able to financially afford an escrow or bond to cover the replacement of the curb and gutters located in Deepwood Park. ~97,~ STREET IMPROVEMENTS Almost all problems on these projects have been ironed out. I was hoping that by this coming Council meeting on December 6, 1978 we would have the final estimates on these projects. Unfortunately, we still have the following items to be resolved. The Change Order No. 3 that was submitted to Council at the last meeting. This Change Order was approved only if the architect/engineer was in agreement and would sign the document. This Change Order was presented at the Council as requested by Brown Construction Company. There was some back up information attached to the Change Order. Although I was not in agreement with this Change Order, I did not speak up at the Council meeting. I was not asked about the Change Order and had a feeling that the Council felt that I had already talked too much at the meeting. e I don~t believe Brown Construction Company has paid the bill for the materials used in repairing the waterline that they broke on Redoubt. The Kenai Electric bill for the line that was cut while putting in the storm sewer in the long-term parking lot at the .Airport. Memo to John Wise Page 3 December 1, 1978 4. Additional fill quantities for driveways (this is a new item just recently brought up). 5. Homer Electric powerline cuts on Redoubt, Kaknu, and three or four line cuts at the Airport. Homer Electric has not yet clarified the costs and circumstances involved in these line cuts. I felt privileged to attend the Alaska Municipal League from November 8 to November 11, 1978. I attended the presentation by the American Arbitration Association which was well presented and very informative. I also attended Policy Committee Meetings for the Municipal Utilities. I have a copy of the last Municipal League Policy Statement for 1979. I participated in the Policy Statement Part VI Municipal Utilities, which covers 1) State Regulation, 2) Acquisition, 3) Sewage Disposal, 4) Solid ~aste, and 5) Fresh Water. The City of Kenai received its new 14 G Caterpillar Grader on Thursday, November 16, 1978 at 1:00 p.m. This grader is a step in the right direction and is very much appreciated by the Public ~orks Department. On Wednesday, November 22, 1978, the Kenai Municipal Airport had a power outage. The City's old Army surplus generator no longer automatically comes on during a power outage. The main breaker on the switch gear is not working properly and we have to manually turn the generator on. This Army surplus generator is also too small to handle the load for the Airport. Whenever ~e are on the emergency generator almost everything in the Terminal Building has to be turned off in order to have enough power for the runway lights. As I mentioned in my September 6, 1978 What's Happenining Report to the City Council, this emergency generator and switch gear is not only unreliable but is very dangerous. I know the replacement for this generator and switch gear is a very costly item, but it should be given top priority whenever FAA funding can be obtained. CITY CREWS The Street Crew has completed building the new sludge pit in our sand pit. The Sewer Treatment Plant operators have filled the old sludge pit and are finding that they are having to waste quite a bit of sludge in order to keep the plant operating properly. The Street Crew has completed working on the drainage ditch at the end o£ Walker Lane. They have been sanding streets, working on repairing the Airport Lights and beacons. They have moved the Revenue Department, put in the 30-£oot culvert on Fern Street, delivered a Christmas Tree for the Chamber of Commerce, and locked up Gate 16 to the Airport which has been replaced many times since. They have placed gravel on Raven Street, cut logs and made an arrangement for the parking lot on the South end o£ the Airport Terminal, and also been plowing snow and sanding the Airport and City Streets since we have had some snow fall. Memo to John Wise Page 4 December 1, 1978 The Shop Crew has replaced axle seal and wheel cylinder in pickup No. 4, repaired a broken air line in dump truck No. 20, and repaired the beacons on Police Car No. 55. They have replaced the rear sway bar on Police Car No. 56, installed a trailer hitch and spot light on thc Water and Sewer pickup No. replaced the heater valve and the ignition switch on the International No. 5, and installed a new water heater pump on Police Car No. 54. They did some electrical work and replaced .the battery in Cat 12 G, checked out and put into operation the new 14G Caterpillar Grader, and they have also continued with their regular maintenance on City owned equipment. Water and Sewer Crew has been working at the underground Well ttouse on a drain pipe that we hope to use to drain the 3 Million Gallon Storage Tank in the future. They have worked on fire hydrants throughout the City, worked on repairing our old steam boiler, and read the water meters. They have worked on some of the water and sewer equipment, checked the well houses and lift stations, and helped a contractor in repairing a broken water and sewer line on Bumblebee. KK/jet l~ovember 22, 1978 CITY OF KENAI P. O. BOX $80 KENAI. ALASKA 9961 I TELEPHONE 283 · 7S35 t MENO TO: I: ROM: SUBJECT: John Wise, City Manager Keith Kornelis, Public Works Director DECLARING WELl. tlOUSE NO. 7 SURPLUS (Building and Related Materials) A brief history concerning this subject might be appropriate at this time. Back in the spring of this year, the City of Kenai applied and received a grant for the Winterization of the l~'arm Storage Building. I spent a considerable amount of time in completing this grant application. Part of the grant application concerned energy savings and the amount of money spent for utilities in this l~'arm Storage Building. After doing some research and going through the records in Finance researching the utility costs, I discovered some interesting things. The City of Kenai was spending a considerable amount of time and money in utility costs, maintenance, and operations of buildings that were no longer being used by the City of Kenai. These buildings were in fact a liability to the City. The City was paying for gas, electrical power, and insurance. These buildings were run dmcn and in very poor shape causing high operation costs. In many cases, the~ were unsafe with the electrical equipment being unprotected. Due to the fact that these buildings had City water going through them, they had to be heated and maintained. This probably cost the City the most in that lee had to have them checked periodically and maintained by our City crews. After I discovered these facts concerning money being wasted by tile City, it was decided to approach the Council to declare these buildings and related materials surplus. On April 26, 1978, Ordinance 401-78 was initiated and passed by the Council of the Ciiy ~'f Kenai. "This Ordinance declared this shallow well and related quipment and material surplus and available to sell. On May $, 1978, this same Ordinance passed its second reading and on June ~, 1978, the Ordinance went into effect. Sealed bids for this equipment were received on June 4,.1978. There was only one bidder on the old shallmq well building, equipment and related materials. The amount was so small that the Council of the City of Kenai rejected the bid with Resolution 78-109. It was during this same time period that the o~dlmhoff'tan~ ~hs sold at considerahle savxngs to the taxpayers. Not only did ~e receive a good price for the building, but we saved a considerable amount in not having to Memo to John Wise Page 2 November 22, 1978 operate and maintain the building. Part of thc work involved in selling these buildings was the work to disconnect and permanently disco~tiaue all utilities. It was at this point in time that I could see many bottlenecks and hold ups in selling the building and thc related items. The City crews, therefore, went in and disconnected the water going into the Well House 7 at a depth below frost, had the gas turned off, and discontinued electrical service to the building. It was found that our City crews gained a considerable amount of time in not having to check this building because a little time was spent in disconnecting these utilities. The City is, therefore, no longer spending alot of money in operation and maintenance of this building. Shortly after the Council rejected thc bid for Well llousc 7 and related equipment and materials, I was approached by a company that had an interest in purchasing these surplus items. The Council was, therefore, again approached for the possibility of selling these items. At this time, we were asked to provide an itemized list of the materials that we were talking about. The next Council meeting after we were asked for this list of materials, I listed these materials in my What's Happening Report for the Council meeting. Ordinance No. 447-78 was introduced on November 1, 1978 which speCi~-i~ally itemized these materials. The minutes of the November i meeting on pages 4 and $ fairly adequately explain what happened when the Ordinance was introduce~. It was my understanding at this time that all the questions were answered and that there were no further problems with the Ordinance. The only question that still is on my mind is why is t~ere an Ordinance declaring these items surplus when they were already declared surplus back on June 3, 1978. On November 15, 1978, the second reading of Ordinance 447-78 was tabled until the Administration could come up with a report concerning the items listed in the Ordinance. As ! stated and Councilman Aber stated on November 1, 1978, most of the instruments, valves, and other items within the building have been badly vandalized, and they really are of no further use to the City. The piping, valves, and related plumbing equipment is installed with the tanks. This would result in a considerable amount of time and effort in disconnecting for their use. Who knows how old this piping is and if the threads would actually hold up when disconnected and reused. Electrical equipment, breaker boxes, reset boxes, and etc. have been vandalized and are very old and outdated. The City of Kenai does not keep a stock pile or storage of any type of electrical gear simply because we do not have an electrician'with the City. Therefore, keeping such items would merely start a junk pile for contractor electricians to look through if they do work for the City. The hydromatic tanks and mixer tanks located in the building are really of no use to the City. We have in.fact sold some of these ta~ks at the auction last year that had been laying around in our City yard for a considerable amount of time. The three out~ide wells with pumps have not been operated in a long time, and it is questionable if, in fact, they are even operable. The Public Works Dept. but is available £or use by any Department that needs it. It looks as though it has been there for quite a while and it is questionable as to whether the chunks can be broken up and used. On NoYember 16, 1978, I took some pictures of the building and the related equipment and materials. These pictures are available to you or anyone to look at any time. I am also at your disposal for an inspection trip to show this building to anyone at any time. The Public Works Dept. is tired of the hassle concerning this building and the related equipment. We have spent alot of time over this which could have been spent on something more important. It is no longer costing us money, and quite frankly, we don't care if it is sold or simply rusts and rots in place. We are at your disposal and awaiting your ins:ructions. KK/jet .© AN ORDINANCF OF TIIE COUNCIL OF TIlE CITY OF KENAI, ALASKA, DECLARING T]I]'] FOLLOWING BUII,DINGS AND RELATED EQUIPMENT AND MATERIALS SURPLUS. ?.']!E~F. Ag~ tho. following buildings and their related equipment and materials are no longer needed by t~e uity o£ .... "' WHEREAS, the following buildings and their related equipment and materials are costing the City of Kenai for repair and maintenance; and, %~{EREAS, it will be advantageous to eliminate .the following from the water and sewer system; and, WIIEREAS, sealed bids for selling the following with the necessary replumbing designated by the Administration is a rea'sonable and acceptable means of disposal. NOW, THEREFOI~, 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. i 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 TIlE COUNCIL OF THE CITY OF KENAI, ALASKA TI{IS 15th day of November 1978. VINCENT O' REILLY, MAYOR ATTEST First Reading Second Reading EEfedtive Date bee C peter, City Clerk - .. November 1, 1978 ' November 15, 1978 December 15, 1978 AN ORDINANCE OF TIIE COUNCIL OF TIIE CITY OF HENAI. ALASKA, DECLARLNG TIlE FOLLOWING BUILDINGS AND RELATED EQUIPMENT AND MATERIALS SUR- %~IERF. AS, the following buildings and their related equipment and materials are no longer needed by the City of Kenai; and, WItEREAS, the following buildings and their related equipment and materials are costing the City of Kenai for utilities and repair and maintenance; and, WHEREAS, it will be advantageous to eliminate 'the following from the water and sewer system; and, WHERF. AS, sealed bids for selling the following with the nec'essary replumbing designated by the Administration is a reasonable and acceptable means of dis- posal. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF HENAI, ALASKA: S~etion 1. The following buildings and related equipment and materials are hereby declared surplus and available to sell by sealed bids on June 4, 1978. 1. Old'Sewage Treatment Plant and related equipment and materials; 2. One shallow well building and related equipment and material; and One shallow well building and related equipment and material. V I~ICENT O 'REILLY, M~f~r C FIRST READING: April 26, 1978 SECOND READING: May 3, 1978 EFFECTIVE DATE: June 3,1978 ATTEST: '~ue Peter, City Clerk C1TY OF KENAI RESOLUTION NO. 78-109 A RESOLUTION OF TIIE COUNCIL OF TIlE CITY OF KI-;NAI, ALASKA REJECTING ALL BIDS FOR SELLING OF TIlE OLD S}IAI,I,OI~' WF.I,I. BU!I,BINF,.q~ FQIIIP~ENI' AND MATERIALS. WItEREAS, the selling of the old shallow well building, equipment and materials was authorized by Ordinance No. 401-78, and WHEREAS, the Port of Kenai's bid of $650.00 was the only bid received, and WHEREAS, this price does not seem reasonable and appropriate for the building, equipment and materials, and $~ERBAS, the City o£ Kenai can reject any and ail bids. NO~, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, to reject all bids for the selling of the old shallow well, materials and equipment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 29th day of June, 1978. ATTEST: SuPt.-peter, City Clerk November 21, 1978 CITY OF KENAI ¥ P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 28:3 - 753S Meeting of Public ~Vorks Department Federal Aviation Administration Fix Base Operators Subject: Airport Snow Removal Place: Public Safety Building Present: John Arsenault, Control Tower ~alter Dotonic, FAA FSS John ~ Kristine Stoehner, Arctic Aviation Dave Diamond, Andy's Flying Service Em. Knight, FAA R. T. Bielefeld, Kenai Aviation Van Swan, Street Foreman Keith Kornelis, Public ~orks Director~/ SKI PLANE LANDING AREA Keith Kornelis opened the meeting with a discussion on the use of the Kenai Airport Runway 1, for the first 2500 feet (Runway 19, for the last 2500 feet) as a Ski Strip. Snow cover would be maintained and no sanding will be done. He was instructed by the Airport Manager to find out which areas of the Taxiways were to be left unplowed. John Arsenault stated that he is most definitely against using the runway for use as a ski strip. There are twins that use. the airport, and they need all the available strip for landing and take off. lie further stated that any airport business that comes before. City Council should be tabled until the FAA and all fix base operators can be present to contribute to the meeting. There is a lack of communication between the City and the FAA, and this needs to be opened. The use of the portion of the runway as a ski strip will limit certain aircraft, especially the larger ones in landing; and safety wise, they need the entire length of the runway for landing and take off. Mr. Arsenault stated further that the airport is listed in the books as being 7,500 feet of runway; and if it ~s changed, then a NOTAM should be put out so when pilots file flight plans they would know the length of the existing usable run.cay. They need to know how much of the runway is plowed and usable. Airport Snow Removal Page 2 November 21, 1978 Keith Kornelis noted that a NOTA~I has been drafted to this effect, and that the Airport [.lanager had instructed him to discuss this NOTA~,{ at this mooting. Mr. Arsenault stated that at the last official meeting with the Aircraft Division, Flight Standard Division, Ron ~talston, Ed Ambarian, and John h'ise, it was discussed that the City was going to prepare a strip for ski planes in the grass strip area. This area would be approved by him for such a use, but he disagrees with the use of the runway. Mr. Arsenault stated that he cannot understand why one person can go to the Council meetings and state their desires and the Council would approve their request without any of the FAA or Fix Base Operators present for their input or even notified of the subject concerning them at the Council meeting. Van Swan stated that John Arsenault, John ~ise, and he went out and looked over the grass strip area as a possible ski plane area. At that time, John Arsenault stated that he thought this area should be used. lie suggested that 1200 to 1500 feet should be adequate for a runway for a ski area. Keith Kornelis stated that the City started to plow and sand on the south end of the runway and was reminded that Council had instucted us not to. John Arsenault further emphasized that if any business comes up at City Council meetings that involves airport business, that the subject should be tabled until the next Council meeting. That way everyone would have the opportunity to state their opinions. One Council member should not be able to dictate what should be done. Bm. Knight, FAA, stated that the shortened runway would prohibit Lear Jets from using the airport and,also he doubts whether the larger aircraft would use Kenai as an alternate.' Kris Stoehner stated the ~estern Airlines has listed Kenai Airport as an alternate and used it last year. She doubted whether they would continue to do so.if part of the runway is used as a ski plane landing strip. Dave Diamond, Andy's Flying Service, questioned the legality of the VOR approach for instrument landings. If going to leave snow cover, then the thresold lights for the approach will have to be changed. Safety wise he stated that he needs the entire runway for his operation. Van Swan stated that it takes longer to plow the strip when he has to level the snow. A berm or a drop off is left at the end of the strip where it meets the plowed runway. It is difficult to leave a gradual slope and it takes too much time. · Airport Snow Removal Page 5 November 21, 1(.178 John Arsenault stated that thc Airport Manager should go back to the original proposal to use the grass strip area. The snow could be plowed up around the area and spruce boughs could be cut and stood up in the snow to outline the area between Taxiways A and B. Van Swan stated that trees would not be needed as they would get in the way of plowing; the snow berms would serve as a barrier. Keith Kornelis questioned the actual amount of traffic there would be on skis to warrant a ski strip. Em. Knight stated that we are talking about a very few people possibly five or six regulars. Kris Stoehner agreed with this statement and that only a few customers use skis. Dave Diamond stated that he is against both suggestions for a ski strip either at the end of the runway or in the grass strip area between Taxiways A and B. His reasons were for safety and the fact that it would not be good for retractable gear airplanes. Just taxiing on the area where there is slush is not good. John Stoehner stated that he would be for the area between the Taxiways A and B but not for using the end of the runway. Em. Knight stated that 1S00 feet would be ample for a strip for skis. R. T. Bielefeld, Kenai Aviation, stated that the City is asking £or a lawsuit by displacing the threshold, tlc stated that for an example this morning landing with his Baron he had no braking action and used all the available runway. John Arsenault stated that the airport has ~ive fix based operators that need the entire runway and then a few people that want to go out and play and need a ski strip. R. T. Bielefeld stated that 2500 feet might be left unsanded~.and the remainder of the runway sanded. Also, it might be possible to sand only one side o£ the taxiway and not down the middle; it would not be sa£e to leave them totally unsanded. Van agreed that the South end could be plowed but not sanded. SNOW REMOVAL ON TAXIWAYS Keith Kornelis introduced the topic of snow removal on Taxiways especially around the lease lots. John Stoehner, Arctic Aviation, pointed out that if the City plows the snow from the Taxiway onto their new proposed lease area, it would make the land unusable for six months out of the year because of the water. All the snow needs to be removed. Airport Snow Removal Pa ge 4 November 21, 1978 Van Swan stated that the City does not have enough equipment or 'men to remove the snow from the proposed Arctic lease area for tie downs. Th~ CiLy would ne~d L~u~k~, etc. Lo haul thu snow away. John Stoehner stated that he wanted the lease application to wait until he finds out what happens with the snow removal. If the land is going to be unusable then he would not want it for the tie downs. The City should come down on the lease price since the land cannot be used twelve months out of the year. Kris Stoehner stated that the Council meetings should be shortened so that people wanting to be heard can get a chance without staying so late. She missed discussing tie down lease at the last Council meeting. Also, she emphasized the need for more tie down area, that at the present there are not enough. Van Swan noted the situation in the transient parking area. There is room to tie five planes and five planes are presently tied down there permanently. The cable should be picked up for ease in plowing. John Arsenault stated that any airplanes in the transient parking area that shouldn't be there should be impounded. The Council should not make laws and then not enforce them. Keith Kornelis stated that the City will have to do something about moving those airplanes. He also stated that the Public Works Department is here to do their job in the best way possible to satisfy all the parties concerned. The Department is open to suggestions for making it easier to get the plowing done. He further suggested naming the priorities for airport plowing: first get the runways open and then the taxiways with one pass. Van Swan stated that the plows usually enter the airport area through the gate next to the terminal building, make a pass down Taxiway A, then plow the runway, Taxiway B and the Terminal area. Mr. Bielefeld stated that the time element is important, and he needs the airport open before 5 a.m. for his operation. ~r. Knight questioned who the FSS was to call concerning runway conditions. Van Swan said that the police check the runway conditions and would contact him after normal working hours. John Arsenault suggested removing enough snow for AAI to get into the terminal and then concentrate on the other fix base operators. Nr. Bielefeld stated that his Operation was moving as fast as AAI and needed attention also. When the wind blows drifts, they need to be checked and plowed. '' Page S Novea~ber 21, 1978 Van Swan pointed out the system for plowing the Taxiways. If .--- he has to plow all the snow in the taxiway in one direction, he does not leave the driveway on the snow side blocked. Nr. Bielefeld stated that if the City would just plow the taxiways, he would then plow his own driveway. Van stated that the ramp is done last. If Runway I needs to be used, then Taxiway C would have to be plowed; otherl~isc, Taxiway C is also done last. John Arsenault again stated that if airport business comes before Council then FAA and Fix Base Operators need to be contacted. Lines of communication need to be opened between the City and FA/t so that they know what is going on. Keith Kornelis stated that the City only has five men in the crew for snow plowing and limited equipment to plow the airport and the City streets. The Airport gets top priority but the streets also need to be done. The City just got a new grader, and the Airport will also be getting some equipment. If there is a problem with snow on the airport, please contact us immediately; but, you must realize that our equipment might be across town in V.I.P. Subdivision or somewhere away from the airport and it takes awhile to get it to the airport. John Arsenault had some things which need to be mentioned to the City crews. 1. He asked that the men respond to the tower immediately and acknowledge the instructions or clearing with their KOKO number. 2. New crew members should be instructed as to what inside and outside the lights mean. Touch and goes are restricted during snow operation. 4. 500 foot Iow approach practices are restricted during snow removal. $. New men should be told that the tower does not control the ramp area.and won't protect them when they are working in that area. Van Swan stated that all equipment is monitoring the tower and local government and when he is out on the airport he handles communication with the to.er and talks with the crews over the local government. He further stated that the men are instructed to contact the tower anyway when working on the ramp to let them know they are out there. i 11 III I I Iiiii ' i LEASE OF AIRPORT LANDS OR FACILITIES · h~ ,~0,E~.. ..... cntercd i-~ thi~ day of , 1978, by and between the CITY OF KENAI, hereinafter called "City" and Aviation Consultants, Inc., hereinafter called the "Lessee." WHEREAS, on October 6, 1977, the City entered into a lease with the Lessee for Rooms 1, 2, 3, 4, 5 and 6 - Terminal Building Kenai Municipal Airport, Kenai, Alaska, and WHEREAS, the Lessee has requested an amendment to the lease in order to change the use of the food service from a fast food service to offering regular food service in the existing food service facility which would now be accessible only through the cocktail lounge area. NOW, THEREFORE, the parties her.~to agree that the lease dated October 6, 1977 and recorded at Book 117, Page 617, Kenai Recording District, between the City and Aviation Consultants, Inc., is hereby amended to read as follows: 1. On Page 2 of the Lease - "Purpose for which this lease is issued," the existing language, "Office space and operation of a fast-food service and cocktail lounge and necessary accessory uses," shall be amended to read in its entirety as follows: "Office space and operation of a food service and cocktail lounge and necessary accessory uses." 2. Schedule "B," Page 2, Paragraph 12 of the lease is hereby amended to eliminate the word "fast" from "first- class fast food" in the second sentence, and change the hours for the food service operation so that the entire Paragraph 12, as amended will read as follows: "12. Subject to the time allowed for alterations in paragraphs 8 and 10, Lessee shall at all times during the term of this lease operate a first-class food and cocktail service on the demised premises. Unless altered by mutual agreement, Lessee shall conduct its operation 7 days per week during at least the following hours (Thanksgiving Day and Christmas Day excepted)~ Food Service - 10:00 a.m. to 9~00 p.m. Cocktail Lounge - 10:00 a.m. to 11:00 p.m." 3. The City approves Lessee's amendment request on the condition that it secure within a reasonable time any necessary approval from the Alcoholic Beverage Control Board contemplatin~ the design changes that necessitate entrance of the food service through the lounge area. 4. Since Lessee by this amendment has altered its use of the facilities so as not to provide fast-food service but rather to offer more formalized dining facilities in the area now used for the fast food operation to be accessible through the cocktail lounge area only, Lessee agrees to relinquish its exclusive right, if any, by this lease to operate a fast-food establishment in the Airport Terminal, and the City may hereafter lease, permit, or otherwise grant franchises to other parties for the purpose of providing fast-food service to the airport terminal, except that the Lessee will be given the first option to operate another fast food operation at the terminal, meeting the best terms offered by other applicants. Nothing in this amendment or original lease shall be construed to interfere with the City's or its Lessee's use of vending machines to sell coffee, beverages or other fast food items. IN WITNESS WHEREOF, the parties have executed this Amendment. STATE OF ALAKSA )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1978, before me, the undersigned N6tary Pub~ic in and '{or the State of Alaska, personally appeared and known to me to be the persons n~med in the foregoing instrument and acknowledged to me that they executed the same freely and voluntarily, for the uses and purposes therein contained. AMENDMENT TO LEASE OF AIRPORT LANDS OR FACILITIES - 2 IN WITNESS IIEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public in and for Alaska My commission Expires:_ CORPORATION ACKNOWLEDGEMENT STATE OF ALASKA ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1978, before me, the undersigned'N6tary Public in and for the State of Alaska, personally appeared and known to me to be the persons and officers whose names are s~bscribed to the foregoing Lease, who being duly sworn, did say that they are the President and Vice President/Secretary, respectively, of Aviation Consultants, Inc., a corporation, and acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and t e free act and deed of said corporation, for the purposes state~ therein. IN WITNESS IIEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Publ~'c in and for Alaska My commission Expires: CITY OF KENAI City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this day of , 1978, before me personally appeared John E. Wise, City Manager, known to be the person who executed the above Lease, and acknowledged that he had the authority to sign, for the purpose stated therein. Notary Public in'and for Alas~ My Commission Expires= AMENDMENT TO LEASE - Page 3 ~. ~~% AMENDMENT TO LEASE OF AIRPORT LANDS OR FACILITIES This AGREEMENT entered into this day ut , 1978, by and between the CITY OF KENAI, hereinafter called "City" and Aviation Consultants, Inc., hereinafter called the "Lessee." WHEREAS, on October 6, 1977, the City entered into a lease with the Lessee for Rooms 1, 2, 3, 4, 5 and 6 - Terminal Building Kenai Municipal Airport, Kenai, Alaska, and WHEREAS, the Lessee has requested an amendment to the lease in order to change the use of the food service from a fast food service to offering regular food service in the existing food service facility which would now be accessible only through the cocktail lounge area. NOW, THEREFORE, the parties hereto agree that the lease dated October 6, 1977 and recorded at Book 117, Page 617, Kenai Recording District, between the City and Aviation Consultants, Inc., is hereby amended to read as follows: 1. On Page 2 of the Lease - "Purpose for which this lease is issued," the existing language, "Office space and operation of a fast-food service and cocktail lounge and necessary accessory uses," shall be amended to read in its entirety as follows~ "Office space and operation of a food service and cocktail lounge and necessary accessory uses." 2. Schedule "B," Page 2, Paragraph 12 of the lease is hereby amended to eliminate the word "fast" from "first- class fast food" in the second sentence, and change the hours for the food service operation so that the entire Paragraph 12, as amended will read as follows: "12. Subject to the time allowed for alterations in paragraphs 8 and 10, Lessee shall at all times during the term of this lease operate a first-class food and cocktail service on the demised premises. Unless altered by mutual agreement, Lessee shall conduct its operation 7 days per week during at least the following hours (Thanksgiving Day and Christmas Day excepted): Food Service - 10:00 a.m. to 9:00 p.m. Cocktail Lounge - 10:00 a.m. to 11:00 p.m." 3. The City approves Lessee's amendment request on the condition 'that it secure within a reasonable time any necessary approval from the Alcoholic Beverage Control Board contemplating the design changes that necessitate entrance of the food service through the lounge area. 4. Since Lessee by this amendment has altered its %~se of the facilities so as not to provide fast-food service but rather to offer more formalized dining facilities in the area now used for the fast food operation to be accessible through the cocktail lounge area only, Lessee agrees to relinquish its exclusive right, if any, by this lease to operate a fast-food establishment in the Airport Terminal, and the City may hereafter lease, permit, or otherwise grant franchises to other parties for the purpose of providing fast-food service to the airport terminal, except that the Lessee will be given the first option to operate another fast food operation at the terminal, meeting the best terms offered by other applicants. Nothing in this amendment or original lease shall be construed to interfere with the City's or its Lessee's use of vending machines to sell coffee, beverages or other fast food items. IN WITNESS WHEREOF, the parties have executed this Amendment. LESSEE STATE OF ALAKSA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of . , 1978, before me, the undersigned N'6tary Public in and for the State of Alaska, personally appeared and known to me to be the persons named in the foregoing"~nstrument and acknowledged to me that they executed the same freely and voluntarily, for the uses and purposes therein contained. AMENDMENT TO LEASE OF AIRPORT LANDS OR FACILITIES - 2 IN WITNESS llEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. ~otary ~i-6--~~-0~ Alaska My Cor~mission Expires: CORPORATION ACKNOWLEDGEMENT STATE OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1978, before me, the undersigned Notary Public in and f0r'~he State of Alaska, personally appeared and known to ~e to be the persons and officers whose names are subscribed to the foregoing Le~se, who being duly sworn, did say that they are the President and Vice President/Secretary, respectively, of Aviation Consultants, Inc., a corporation, and acknowledged to me that they exucuted said Lease as their free act and deed in their said capacities, and the free act and deed of said corporation, for the purposes stated therein. IN WITNESS IIEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary 'P~bl~-In and ~or Aiaska My Commission Expires: CITY OF KENAI By: City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this day of , 1978, before me personally appeared John~E. Wise, City Manager, knovm to be the person who executed the above Lease, and acknowledged that he had the authority to sign, for the purpose stated therein. Notary Public in'and for Alaska My commission Expires: AMENDMENT TO LEASE - Page 3 LEASE OF AIRPORT LANDS OR FACILITIES T~is AG~EEM~N'~' unterud into tl,i~ d,~ o£ , 1978, by and between the CITY OF KENAI, hereinafter called "City" and Aviation Consultants, Inc., hereinafter called the "Lessee." WHEREAS, on October 6, 1977, the City entered into a lease with the Lessee for Rooms l, 2, 3, 4, 5 and 6 - Terminal Building Kenai Municipal Airport, Kenai, Alaska, and WHEREAS, the Lessee has requested an amendment to the lease in order to change the use of the food service from a fast food service to offering regular food service in the existing food service facility which would now be accessible only through the cocktail lounge area. NOW, TIIEREFORE, the parties hereto agree that the lease dated October 6, 1977 and recorded at Book 117, Page 617, Kenai Recording District, between the City and Aviation Consultants, Inc., is hereby amended to read as follows: 1. On Page 2 of the Lease - "Purpose for which this lease ks issued," the existing language, "Office space and operation of a fast-food service and cocktail lounge and necessary accessory uses," shall be amended to read in its entirety as follows: "Office space and operation of a food service and cocktail lounge and necessary accessory uses." 2. Schedule "B," Page 2, Paragraph 12 of the lease is hereby amended to eliminate the word "fast" from "first- class fast food" in the second sentence, and change the hours for the food service operation so that the entire Paragraph 12, as amended will read as follows: "12. Subject to the time allowed for alterations in paragraphs 8 and 10, Lessee shall at all times during the term of this lease operate a first-class food and cocktail service on the demised premises. Unless altered by mutual agreement, Lessee shall conduct its operation 7 days per week during at least the following hours (Thanksgiving Day and Christmas Day excepted): 3. The City approves Lessee's amendment request on the condition that it secure within a reasonable time any necessary approval from the Alcoholic Beverage Control Board contemplatin, the design changes that necessitate entrance of the food service through the lounge area. 4. Since Lessee by this amendment has altered its use of the facilities so as not to provide fast-food service but rather to offer more formalized dining facilities in the area now used for the fast food operation to be accessible through the cocktail lounge area only, Lessee agrees to relinquish its exclusive right, if any, by this lease to operate a fast-food establishment in the Airport Terminal, and the City may hereafter lease, permit, or otherwise grant franchises to other parties for the purpose of providing fast-food service to the airport terminal, except that the Lessee will be given the first option to operate another fast food operation at the terminal, meeting the best terms offered by other applicants. Nothing in this amendment or original lease shall be construed to interfere with the City's or its Lessee's use of vending machines to sell coffee, beverages or other fast food items. IN WITNESS WHEREOF, the parties have executed this Amendment. LESSEE STATE OF ALAKSA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1978, before me, the undersigned Notary Public in and for the State of Alaska, personally appeared and known to me to be the persons n~med in the f~re~0ing instrument and acknowledged to me that they executed the same freely and voluntarily, for the uses and purposes therein contained. AMENDMENT TO LEASE OF AIRPORT LANDS OR FACILITIES - 2 IN WITNESS HEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary P~blic in and for Alaska My commission Expires: CORPORATION ACKNOWLEDGEMENT STATE OF ALASKA ) ) ss TI{IRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1978, before me, the undersigned Notary Publi6~in and.for the State of Alaska, personally appeared . and 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 the President and Vice President/Secretary, respectively, of Aviation Consultants, Inc., a corporation, and acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and the free act and deed of said corporation, for the purposes stated therein. IN WITNESS HEREOF, I have hereunto set my hand and seal the day and year first hereinabove written. Notary Public in"ahd for 'A~aska My commission Expires: CITY OF KENAI By: City Manager STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this day of ., 1978, before me personally appeared John-E. Wise, City Manager, known to be the person who executed the above Lease, and acknowledged that he had the authority to sign, for the purpose stated therein. Notary P~blic ~'n and for Alask~ My Conunission Expires:_ AMENDMENT TO LEASE - Page 3 1. Clarion, Cas6n, Thompson lease negotiations. Please see attorney's letter attached. 2. ACI lease amendment - Gary Eitel responded to the lease amendment sent to ACI concerning the alteration of the Airport Terminal Bread & Butter operation. His objection was that the lease amendment hours should read from 10 a.m. to 9 p.m. for the restaurant portion as opposed to 10 a.m. to 10 p.m. He also requested that as it concerns the section dealing with ACI's relinquishment of its exclusive right to operate a fast food establishment at the airport, that a provision be placed in the amended lease that should the City consider applications for the leasing of a fast food franchise in the Airport terminal, that ACI be given first option to meet the best offer proposed by other applicants. R. r. HOLL & [3ALDWlN A'{1OFtlII. Y:~ AT tAW ICI. flex 4710 Novembm' 27, 1978 'J I.L r. pjlOl'l [ City of Kenai P. O. Box 580 Kenai, Alaska 99611 Attention: Ernest Schlercth City Attorney Lot 8, Block 3, Cook Inlet Industrial Air Park, Morgan ~ Swearingen (Clarion l~uilding); L¢,t 1, Bloch 4, Gcnora~ Aviation Apron (Ray Ca,;on); Lot 10 Alycska Subdivision (Jack Thompson), City l,ea~es Dear Ernie: Please forgive my delay in re~pondtng to your initial letter dated October l?, 1978. I have had the opportunity to contact the above individuals with re,peet to the City's offer. Ti~ey arc of the unanimous ¢,pini,.m that to accept the City's most recent offer would be to admit that property values wifldn thc City of Kenai Increased by fifty percent from 1977 until July, 1975. They are unwilling to make such an admission. For fbi.c; reason you are notified on their behalf that the offer is re]coted. In the event the City Council is unwilling to reconsider its moot recent offer, I would suggest that we are at an impasse. As you are awat'e, the leases for at least two of the potties set forth a mechanism whereby such an impasse may be resolved. I am willing to meet with you or the Council to discuss the mechanics in instituting the informal arbitration proceeding as set forth in the Lease. Very truly yours, CRB: Jh C. R. BALDWIN Attorney at Law ~j~ ce: Dick Morgan Max Swearingcn Ray Cason ~leck Thompson At;ENllA FOR Till: ,I:I!C(ILAI, A.-;,;I:;,II,I,Y HI;li'I'II,C l)JiCli;,ll;lik 5. ].q78; 7:30 P.M. I~OROU(;II AI)~IINI 5TRATJON BIJILI)IN{; '~~ 1'. O. BOX 850 8OLDOTNA, ALASKA 99669 - ^ G I.'l N I) A . Assembly yore_ A. CALL TO ORDER AND ROI, I, CALL Corr 9 Crm¢..o~ d 4 B. PLEl)GE OF ALLEGIANCE AND/OR OPENING CI.2IIiNONY Davi~ 9 lli~Jn, ick 9 C. SEATING OF NEW ASSEMBLYI. IENliERS Douglas 9 E1 son l O .67 D. AGENDA API'ROVAL Fischer 9 tlilJe 10.66 E. lllNOTES: Nove~aber 14, 1978, November 21, 1928 Long 9 Nartin 9 P. ORDINANCE ItEARINGS Noses 11 l. lcC] oud 7.5 (a) Ord. 78-58 "Providing a Comprehensive Ambarian 10.67 S~sl'em 0f-Records ~laiwgement~ Ret~n ~ - Arness 9 a~d Disposal" ~~ f~~~ ~a,~,~ . ' .,u' ...... ? .5 (b) u~d. 78-59 Providing a Procedure for the Control of Lands Sold or Transferred .in Violation of the Subdivision Ordinance" 4 (c) Ord. 78-60 "Providing a Uniform Date for ~he I:inal--Acceptance of Applications for Tax Exenption" , (d) Ord. 78-22 'An Ordinance Appropriatin,,,, , Fflhds for Fiscal .Year 1978-79 for Capital Pro3ects G. INTRODUCTION OF ORDINANCES In the ~fanner Provided for theeCollection e~ Personal Propert [b) Or~. ~8-~ 'An Ordinance Providing for the ~~f Lots Bush Lanes Subdivision, City of Kenai, Fro~ Suburbnn ~esi~entia] to General Co~ercial' Ord.' [c) ~8-68 'A~enafng the Procedures for ihb sale bi Tax Foreclosed Lands" (e) 0rd._.78-70 "Establishing a ,larbor and Port~ I. COII;~II TTEE REPORTS (a) School Board (Arness) AGENDA I:OR I)I:CEMBI".Ii S, 1978 ASSE BI,Y MEETING PAGE 2 ~~rce~; Mau'.gement (Davis/Long) ~per/Cr:u.fford/Mc~l oud/~orr/ (e) Solid waste (Fischer/Martin/Cooper) Road~ aml 7raiis (Long/~,lartin/corr) Po'~ts and Ha rborz (Arness/Campbe11/Ambarian) (h) Local Affair~ (Campbell/Ambarian/Djm,~ick/ Armies/Cooper J, ~YOR'S REPORT K. SCIIO01, CONSTROCTION REPORT L. OTHER BUSINESS Res. 78-125 ,,.a. Reso]ution Establishing Minimum I'~'~o'-~: i-or the Retention of Certain Types of Borough Records" Cb) Res. 78-12) "Reclassifying the Position of ~'ff~i~'f--C~i~ Typist in the Borough Clerk's Office to Records Manager and Assig,~ing An Appropriate Salary Range" (c) ' Res. 78-126 "Authorizing a Position of Clerk ~'ypi~i Temporary in the Borough Clerk's Office and Transferring Funds for Compensating the Position" (d) Res. 78-122 "A Resolution Approving Assessor's ~orms-f6~ ~usinoss and Professional Personal Propurty Tax Returns for 1979" Res. 78-123 "Resolution Approving the ~electi~ of ~oodward-Clydc and Associates to Prepare the Boroughwide Port and Harbor Demand and Feasibility Study" Res. 78-124 "Providing for the Nomination ~f C~rtain'"Lands for a Conveyance from the State of Alaska to the Kenai Peninsula Borough Pursuant to the Borough Selection Act" Res. 7.8-125 "Awarding the Contract for ~he Repainting of the North Peninsula Recreation Service Area Pool and Locker Room to Chilcoot Drilling and Services" ~nd Memo 79-36 (h) Request for Waiver of Penalty and Interest Yakutat Gulf Fishing Company, Inc. M. MAYOR ~ND ASSEMBLY: CO~IENTS AND DISCUSSION N. PUBLIC PRESENTATIONS INFOPJ. L~TIONAL MATBRIALS AND REPORTS (a) Minutes; South Peninsula Hospital S.A. 10-18 {b) Liquor License Renewal; llomcstead Tavern ~ Store (c) Agenda for School Board, December 4, 1978 P. NI~T MEETING: December 19, 1978 CITY OF KENAI ORDINANCE 447'-78 ~ .~/F.A, ~E~LARINO aN ORDINANCE OF TIiE COUNCIL O? TIlE CITY OF KENAI, .I ...... THE FOLLOWING BUILDINGS AND RELATED EQUIPMENT AND MATERIALS SURPLUS. WHEREAS, the following buildings and their related equipment and materials are no longer needed by the City of Kenab 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. i 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'.6th day of ~C~' ~9~8t ATTEST Sue C Peter, City Clerk VINCENT o'REILLY, MAYOR First Reading November 1, 1978 Second Reading November 15, 1978 Third Reading December 6, 1978 Effective Date January 6, 1979