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HomeMy WebLinkAbout1979-01-17 Council PacketKenai City Council Meeting Packet January 17, 1979 ~ /~ . . ~...,..,.. . ..-.,...~: . . . _ . .._..-- . . _.. .~.. .... . , .. _ - -~--,..r- - __ - - ~: _~~~-- - ACI:NhA KI:NAI CITY COL!NCII, - RT•.Ct~I.AR 1-trA:TIN(~ .TANUAItY 17, 1979 - 7: 00 }'.~9. KENA1 }'UF1f,1C SpPF.TY R1~II.bING ^ ~ ~ , -. ~~ ~F-. ~- t ~~ ` ~ ~~. ~ ~ '\ PL6AGP. OF AI,LEGIANCF. A. ROLL CAI.I, AG&NAA APPROVAL r. ~.~ 1' ,,. ~ ~RINGS /~~~ . rdinance 455-78, Tidelnnds . Ordinnnce 456-?8, Poreclosed I.nnda 1 3. Ordinance 457-78, I.evying assessment ngainst benefit~.d property • 4. Ordinance 480-78, Increasing estimnted revenues/ap~ropriations - Special Rescue F.quip. 5. Ordinnnce 461-78, Amending 1978 Kenai biunicipe] Airport Regulntions ~6 ) Ordinance 462-78, Procedures for conducting telephone polis ot the City Cauncil ~ 7. Ordinance 463-78, Increasing estimnted revenues/appropriations - Purchase ot Rndnr Equfp ~ 8.~ J.iquor License Renewals: Daddy's Dioney, Ri~ Bar. Fraternal nrder of En~les, Konai Elka Club A2425. Harbor View Reataurant, Oaken Keg R54 and naken Keg ~56 C. PSRSONS PRESENT SCIIJiDULED TO BF. HF.ARD 1. Carmen Gintoli - Forest Drive and Rluft Project D. MINUT£S 1. Minutea of the regular meeting of January 3, 1879 E. CORRESPONDENCE l. blemorandum - Begarding joint meeling of Chamber IIonrd and Council 2. Shimek 6 Penbody representing Aviation Consulta.ts, Ine. - claim tor compensntion S. Konai Peninaula Community College - consideration of appointQe/Board of Regents ~~+. OLD BUSINL~S3 l. Lease of Airport Lnnds and Facilities - Raven Transit 2. tTnion Oil - Addition to Special Use Permit (i. ~ NB{Y BUSINESS 1. Bills ta be paid - bills to be ratified 2. Requisittons exceeding 5500 3. Ordinnnce 464-T9, Purchasing procedurea of the City 4. Ordinance 465-79, Increasing estimated revenues/appropriations - tvrite-off of uncollectible ambu e acconnta receivable S. Ordinance -?9, Increasing ostimuted revenues/appropriatiuns -"Facllitiea 81unTM 6. Ordin e A67-?9~ Authorizing payment of taxes due on foreclosed lnnds 7. Ord ance 468-?8, Increasing estimated revenuea/eppropriationa - I,ibrsry ~ O inance 969-T0, CapitN Project Fund "AirpoM t•1ay Rewer Line" esolution ?9-1, Eetablishing an interim a~enda-~ror;s session . Resolution 79-2. TrAnsfer of funds - Airport Terminal xund 11. Resolution 98-3, Authorizing letter of inient to continuo Sr. CiHzen Tit:e III Program 12. Dfscussion - D'Isyor's Committee on Lend (Purpoae. proposed method of operation, Administrative personnel and funding supporU 13. Assignment of Lease - R~C Supply Corporation 14. Payment to Coopers t~ Lybrand - Prngress billing on annual audit 15. Paymente to Ted Forsi for profeseional engineoring services 16. Periodic Estimatefor Partial Payment #? - Rockford Corporation 17. Contract Chan~e Order N5 - Rockford Corporation I8. Lease of Traet C- R. L. Roper 18. i,ease of City owned lanfls - Serendipity REYORTS 1. City Manager 2. City Attorney 3. Mayor • 4. City Clcrk 5. Pinance t)irector 6. Planning t Zoning Commissien 7. Kertai Peninaula Rorough Assembly PE$SONS Plt£SENT rOT SCHEAULED TO I3B FiEARD -~ ADJOURNML+Nr ~r• ,q_ _., /~ ~ i: .• •• ~• ~. D . .~ -. ,- ~- . . , ~ ~ ...-... . r~.. ... . . . ._ . . ~ _~_ "_ _~_~ ~ . .. . . . . s.b._r~s:~6-..Y.:,_-.~.-~.~_~.~_"..~_~~_ _ _""_ '..-.~`____' .f, •~ _ " _ _ _ _ _ __ _ ~"Y'~~G OF JANilA~Y 17. 1979 .R ; , - - - , . ~ . ~ . / ~ x ~ ~ .~ ~ vj • ` ~ ~ ' ~ ~/ ~ 1~~ ~ ~ ' ~ .. ~` ~ ~~' -~' G'3/~-~ -~ ~ ~~~ ~ sEn~rr / ~ ~ U < < G' _ ~ ~~ _ C ,( ~ ~~ ~ c . ~ ~ , ~ ~ , , ~~ - C . 1 / ~~ ~~ ~ ` ~ ~/ ~ ~ ~ ~~ ~ ~ . I / ~ ~ ~ • ~, I, `~ ~ ~/ f {~ ~ / ~ ~ `' ~' , ~ ~' L • , ~ COIINCII. AIEETIhG OF . K~ ~ ~~ ~ ~ . ~ / /, ~ _ _~I • ~,1 ~ , ~ i ~ L/ r ' ! . ~ ARIAN l~ f ~ ~ ~ ~ C/ . ~ ~, ~~ ~ ~ ~~ ~ y ~. . .. . ~ ~ G ~ ~ ~ ~ ~ , - . . . . . ._.. _.. .. ..~ f...~ 1~~. ~ ~ /~ . ;- ~ ` ,~ . _:.r..__.. ...... ~ . r~/. ,. . , / ~ ~ ~ C TY K~I~y~ ~ ~" . ~ ~ ~, ~. ~ ~ : ~ ti ,ti~ ~~ ~ ~ , ~ ~ \ , ! ' _,, ~ -78 ` ' ,: ~ ~ ~ ~ ' . , ~~ . ~~ . "~'~,~~;~~ ~ : ~ti.. AN ORDINAhCE ACCEPTING CONVE NCE BY THE oTATE OF ALASKA TO `~,f( ,~'TI~i~ CITY OF KENAI OF TIDE ~ND SUBMERGED LANDS LYING SEAWARD' p~1 ' 7~ (1F THE CITY; 'APPROVI:3G AvD ADOPTING THE OFr ICI~'1L SUBDIVISI ,~4. ,i~ PLAT OF THE AREA CONVEYED; AND ESTABLISHIivG PROCEDURES BY n(,~ `WFiICH PREF£REiJCE RIGHT3 MAY BE EXERCISED. p k :.. ,. - • BE IT ORaAINED BY THE COUNCIL OF THE C~'Y OF ENAI, ALASKA: ~ 1 •~ .i;~,r:~ ( ~ s -!' ~ ARTICLE I ~ ~- ~~'~i3 ` ( ,.G NERA ~ •,- i _ `~ I.~r ~~L ~.~/.~{. ~ rr ;. ; ~-:- . Se ion 1. Short Title:' This ~dina ce shall b. 1 as the "Kenai Tidelands Ordina~nce." ~ ~ Section 2. De£init3.ons. For the pu.rpose of this ,~ rdinance the terms defined herein shall have the meanin ovided unless the context requires otherwise: i ~ (a) "Alaska" means the State of Alaska. ~.~ (b) "Agricultural Lands" means tidelands chiefly valuable for agricultural purposes. ~ i , ~ (c) "Appraiser" means a quc~].ified prafessional appraise;. ~ ,. „-. • (d) "City" means the City of Kenai, Alaska. '~ ~;'~ , ~~ , . ~~ Y ' (e) "City Engineer" means the City Engineer oi . the City, er other city official designated to perform the ,~`l functions herein assigned to the City Engineer. ~ ~ (f) "Class I Preference Right" means the right ext@nded to persons who occupied or developed tide or submerged ~~ lanc~~ on or before September 7,1957 ineluded~,in the conveyance to the Cit Such persons or their successors iri,interest, have the ri t to acquire such occupied or developed tide or submerq d].ands from the City for consideration of the costs of survey, and transferring and conveyi,~g the title. ~ ,(g) "Class II Prefexence Right" means the right .t extended to persons who occupi2d or developed tide or submerged ~.' lands after September 7, 1957, and who continued to occupy _ the same on January 3, 1959. Such persons, or their successors, V , ~ ~J 'i-z~ .Z ~ ' --~r e i . i ' f ) 1 ~ ~ ~ , ~ ~ : , I . , ~ ' ~ ~ ~ , r..... .- . .~ ~ ,. ... . _ ...,..... ~ / ~ ~ 1 ., /j Ord. 455-78, page 2 have the riqht to acctuire such occupied or developed tide or submerged lands for a consideration not to exceed the costs of appraisal, and administering and transferring, including survey, togetYaer with the appraised fair market value thereof, exclusive of any value occurring from improvements ar development, such as fill material, building, or structures thereon. (h) "Clerk" means the Clerk of the City. (i) "Council" means the Council of the City. (j) "Director" means the Director of Lands, State of Alaska. (k) "Director's Line" means a line seaward of the ~ City, approved by the Director as shown on ATS 2?2, with the ~ ~ concurrence of the Commissioner of Natural Resources, State ~_ I ~ of Alaska, seaward of all tide and submerged lands occupied ~; ; or suitable for occupation and development without unreasonable ~ ~ interference with navigation. ~ i ~ (1) "Fair Market Value" means the highest price, described in terms of money, which the property would bring if exposed for sale for a reasonable time in the open market, with a seller, willing but not forced to sell, and a buyer, willing but not forced to buy, both being fully informed of all the purposes for which the property is best adapted or could be used. (m) "Fill" shall mean earth, gravel, rock, sand, or other similar materials placed upon tide or contiguous sublaerged lands to a height above the high water line for the purpose of elevatinq the lands for a special useful purpose. Earth, gravel, rock, sand, or other similar materials, placed on tide or contiguous submerged land solely for the purpose of spoils disposal shall not be considered fill unless such fill was used for useful and beneficial purpose on and prior to January 3, 1959. ;n) "Hearings Officer" means that City official employed to hear disputes between claimants, summarize the testf.mony, attempt to reach stipulations of fact between the parties, assemble the record of the dispute, and submit the same to the Council for determination. (o) "Improvements" means buildings, whazves, piers, dry docks, and other similar types of structures T "'~ "' ~ /~ 't _ ~.i.,. , ,..~.~. :,~,- . ~e.-:m--~_._ r-rT-a~.- ...,.....- ...,,~._~__ ..-,-.,.-... ._... ..,.x...~._.._"_~.__ - " '{ _ . . . . _ _ _ • ~ • ~ Ord. 455-78, page 3 permanently fixed to the tide or contiguous submerged lands ~ that were constructed and/or maintained by the applicant for hi~si.ness, commercial, recreation, residential, or other beneficial uses or purposes. Floats secured by guide piles used as floatinq wharves, where access is provided to the shore, shall be improvements within the meaning of this section, and f ill material actually in place to above the line of inean high tide of January 3, 1959 and actually utilized far beneficial purposes on January 3, 1959 k,y the applicant shall be considered a permanent improvement, but in ne event shall fill be considered a permanent improvement when placed on the tidelands solely for the purpose of disposinq of waste or spoils. Fill material not utilized for a beneficial purpose on and prior to January 3, 1959, and fill material not actually in place to above the line mean high tide on 3anuary 3, 1959 shall not be the basis for an application, nor sha3.1 it be included in any application, for the exercise of preference rights hereunder. (p) "Industrial and Commercial Lands" means tide lands chiefly valuable for industrial, manufacturing or commercial purposes. (q) "Kenai" means the City of Kenai, Alaska. (r) "Manager" means the Manager of the City of '~ Kenai, Alaska. (s) "Mean High Tide" at any place subject to . tidal influence shall be interpreted as the tidal datum plane derived from averaqing all the high waters observed at that place over a period of nineteen (I9) years. Mean high water shall be interpreted to be as the intersection of the datuia place of inean hiqh water with the shore. (t) "Mean Low Tide" shall be interpreted to be mean lower Iow water which is the mean of the lower of the two low waters of each day for a tidal cycle of nineteen (19) years. ~!~ I (u) pOccupant" means any person~as defined herein, ~ ~ or his successor i.n interest, who actually occupied for any business, residential, or other beneficial purpose, tide or submerged land, within the conveyance of such by the State - to the City, on or prior to January 3, 1959, with substantial ~: permanent improvements. No person shall be considered an occupant by reason of having (a) placed a fish trap in ` ~ position for operation or storage upon the tide, shore, or submerqed land, (b) placed a setnet ar piling therefor or ~:= ~ any other device or faci].ity for taking of fish, (c) placed ~ ~ pilfnqs or dolphins for long storage or other moorage, (d) ,) /-=~ placed telephone, power or other transmission facilities, -_ ~.J roads, trails, or other improvements not requiring exclusive •~ ~ use or possession of contiguous tide and submerged lands, or ,; ;~,. . ~' ~ ~ , ,~ - ~, ~. ~. , k ? ''~ r--- ~ -.., /` ~ '` .. ~ ~ ~ ~ Ord. 455-78, page 4 (e) claimed the land by virtue of some form of constructive ~~±~~~P~nrv, WharP 1~n~ i G ~c~cupied by a person other than the owner of the improvements thereon, the owner of the fmprovements shall, for the purposes of this Ordinance, be considered the occupant of such lands. (v) "Occupied or Developed" means the actual use, control, and occupancy, but not necessarily residence, of the tide or submerged land by the establishment thereon of substantial permanent improvements. (w) "Ordinance" means the Kenai Tidelands Ordinance. ~1 ~ (x) "Park and Recreation Lands" means tidelands chiefly valuable for public park and recreation use, including scenic overlooks. (y) "Person" means any person, firm, corporation, cooperative association, partnership or other entity legally capable of owning land or any interest therein. (z) "Preference Right" subject to the classifications thereof herein established means the right of an occupant to acquire by grant, purchase, or otherwise, at the election of •the occupant, except as otherwise limited or prescribed in this Ordinance, any lot, piece, parcel or tract of tideland or submerged land occupied or developed by such occupant on and prior to January 3, 1959. (aa) "State" means the State of Alaska. (bb) "Submerqed Lands" means land covered by tiSal waters between the line of inean low water and seaward to a distance of three (3) geographic miles, in their natural state, without being affected by manmade structures, fill, and so forth. (cc) "Substantial Permanent Improvements" shall for the purposes of the Ordinance have the same meaning as Improvements, as herein defined. (dd) "Tidelands" means lands periodically covered by tidal waters between the elevations of inean high tide and mean low tides, without regard to artificial interference with tidal flows caused by manmade structures, breakwaters, fill and the like. When used in this Ordinance it shall also include submerged lands conveyed by ~he State to the City. ~ -+ • /~ -.. _ r.. ~.. . . . , . ., .... Ord. 455-78, page 5 ~ (ee) "Tidelands Survey" is that certain survey of tidelands and submerged lands conveyed by the State to the City made by H. H. Galliett, Jr., Registered Engineer, dated December, 1968, known as Alaska Tidelands Survey No. 272 and filed as 76-179 in the Kenai Recordinq District. (ff) "Upland permit holder" is one having a valid existing City permit or existinq State lease honored by the City pursuant to the provisions herein for the purpose of setting nets the furthest distance landward from the inlet waters while still being within tideland boundaries. ARTICLE II ACCEPTING THE STATE CONVEYANCE, APPROVING THE TIDELANDS SURVEY, ESTABLISHING PROCEDURES FdR THE EXERCISE OF PREFERENCE RIGHTS, FILING AND PROCESSING OF APPLICATIONS, PUBLICATION OF NOTICES, ADJUDICATION OF DISPUTES, PROVIDING FOR PAYING COSTS OF SURVEY, APPRAISAL, TRANSFER, HEARING OF DISPUTES, AND PURCHASE OF LANDS SUBJECT TO CLASS II RIGHTS. Section 1. Approval and Acceptance of State Convevance. The conveyance by the State to the City, dated January 6, 1977, of tidelands and submerged lands lying seaward of the City is hereby approved and accepted and the lands therein ~"~` are hereby declared incorporated into the limits of the - City. Section 2. Approval and Adoption of Survev. The Tidelands Survey 272, hereinafter called Survey, is hereby approved and adopted as the official Tidelands Survey of the City of Kenai, Alaska, of tide and submerqed J.ands conveyed by the State to the City, by conveyance dated January 6, 1977. Said Alaska Tidelands Survey is numbered 272 and is filed under 76-179 in the Kenai Recorc3ing District. Section 3. Time and Places of Postin Surve . Said Survey shall be posted for a period o nat Iess than sixty (60? days, commencing with the date following the date of final passage of this Ordinance, in the office of the Clerk, City Hall Building. Section 4. Publication of Notice of Postin Surve and Passa e of Ordinance. T e Clerk s all cause to be ssued and published once a week for four (4) weeks, in a newspaper of general circulation in the City, commencing the day after the date of final passage of this Ordinance, a notice of the posting of said Survey containing the following statements: (1) time and place of posting, (2) the day of final passage, and the effective date of this Ordinance which adopts the Survey as the official Tidelands Survey of '~ ~ the tide and submerged lands conveyed by the State to the a . ,~ . +..~, /~ . Ord. 455-78, page 6 City on January 6, 1977, (3) that any and aIl persons ~ havinq or claimin,q preference rights provided by laca and as ' herein defined to any part or parts of the subdivided land er~b•raced ~:it:2in th~ b^unda'''PS of said SurveY, who rail to apply to exercise such rights under the provisions of this Ordinance within two (2) Years from and after the date upon which app23cations therefor will be first accepted by the City, shall have forfeited their preference riqhts provided by 3.aw and this Ordinance, and t4) that this Ordinance was enacted to pzotect occupants having preference rights, to afford due process of law, to provide procedures for applying for exercise of preference rights, for hearing and adjudicating adverse claims, and for conveying title to occupants holding preference rights defined by law and this Ordinance; and t5) that copies af this Ordinance and application forms are ava3lable at the office of the Clerk of the City. . Section 5. Time in Which A Iications Will Be Acce te8 for Filin . App3.icat on Forms, in substantially the form set orth in Section 20(a) will be accepted for filing one busfness day after the effective date of this ordinance, and eading two (2) calendar years thereaftez and at the close of busfness at 5 P.M., after which no application fozms will be furaished and after which no applications will be accepted for filing. Section 6.1. Procedure for Filin AD Iications. Applications shall e submitted, and wili be received for filing, only for the purpose of claiming preference rights herein defined to the tidelands conveyed te the City by the Stat~. ,~ ~ ~~, ~~ . ~ !~ ~~ ~ ;,' ~ ' e (8) Application forms will be provided by the Clerk without charge at the City Clerk's office in the City Hall Building. (b) Applications must be subntitted in triplicate. - (c) Applicatf.ons not clearly legible nor properly completed and certified by the applicant will not be accepted for filing. Since the facts alleqed may be used in hearings of disputes their truth must be certified. The facts alleged will also be the basis for the convey- ances of valuable property. willful and deliberate misstatements of fact will be equivalent to attempting to obtain valuable public property by misrepresentation and may be prosecuted as obtaining property under false pretenses. ~w -~ ~ ~ 1~ ~ ~ ~ ~ .;.~.~.W.~... , _~..~.._ ' Ord. 455-78, page 7 ~ (d) Applications may be mailed to ~he City Clerk, Box 580, Kenai, Alaska, 99611, with the propcr dopo~it computed acc^rding to thc nature of the application made. Applications properly completed accompanied with the proper deposit will be stamped with the time and date of filing and signed by the person accepting the deposit. The triplicate copy will then be delivered to the applicant, or mailed to him if a return envelope with postage affixed is furnished or delivered to the City Clerk, City Administration Offices, Airport Terminal Buildinq, Kenai, Alaska. (e) Any application for a deed based on an asserted right other than a preference right shall be rejected. (f) No single application based on more than one class of preference right, except an application for a 5ingle subdivided lot, the claim of right to which is based on more than one class of preference right, nor any single ap- plication claiming title to two (2) or more lots which are no~ contiguous, shall be ~ accepted for filing. J (g) Applications not accompanied by the proper deposit for costs shall be rejected. Section 6.2. Initial Review b Mana er. After initial revfew of the applicat on by the City Manager, the applicant shall have prepared at his own cost a preliminary and final plat as described in the following section. Section 6.3. Preliminary Plat. (a) The applicant shall prepare, or have prepared, a preliminary plat of the tide, shore or submerged lands which he claims. This plat shail comply with the requirements hereinafter set forth. (b) The purpose of a preliminary plat is to afford the eccupant an opportunity of receiving preliminary review and prevent the unnecessary expenditure of money and time that would be necessitated if major chanqes were required. (c) The applicant must file his application accompanied by four black or blue lined plats ~ of the layout. /` . ^_ :. Ord. 455-78, page 8 ~, (d) The Manager shall forward the preliminary gZ~t ta an e:.~i;leer tc t,e iICS1tjlldl:E.'Q by tne Manager, who shall report to the Manager his approval or disapproval of the plat for technical or engineering reasons and the Manager shall, within 90 days after submission of the preliminary plat, notify the applicant of the tentative approval or disapproval of the plat and his reasons therefor. (e) Conditional approval of the preliminary plat shall not constitute approval of the final. plat. Ra~her, it shall be deemed an expression of approval as a guide to preparation of the final plat. Section 6.4. Preliminarv Plat Requirements. The ~ Preliminary Plat shall show the ollowing information: (a) Legal description of location to include latitude and longitude to the nearest minute at one corner of the survey and the total acres of the area occupied or claimed. (b) Name and address of applicant and name of ~. land surveyor, if any, who prepared the / preliminary layout. (c) The horizontal scale shall be 100 feet to the inch unless otherwise approved by the Manager. (dj Date of preparation and North Point. (e) The Iocation of all roads within 200 feet of the tract, fill material, existing permanent buildings, or other structures within the parcel, existing utility lines, mean high and low tide lines with reference to permanent structures and other permanent features such as section lines, and such other information as may be requested by the City. (f) Space for approval and/or comment by the Manaqer. (g) The names of adjacent owners or claimants, if any, other zhan the City. (h) Adjacent U.S. Surveys, if any, giving the number of the Survey. ~~ ~ /' ~ Ord. 455-78, page 9 (i) A vicinity sketch or key map should be shown on the preliminary layout. The scale shall not be less than one-half inch to the mile. The relative location of the parcel being applied for, the principal road systems and section or special survey lines shall also be shown. Section 6.5. Survey Procedure. Wherever feasible, data as set forth in ATS 272, recorded in the Kenai Recording District as 76-179 shall be used. Where additional. data is required the following procedures shall govern: (a) Determining the line of inean high tide. '-1 ~; l. In the case of U.S. Survey which abuts the tidelands, such U.S. Survey being made prior to the date of statehood, the line of inean hiqh tide shall be construed to be either the meander lines established on the seaward side of the U.S. Survey or the line as defined under Section 2(s) of these regulations, whichever is the lower. 2. For tidelands surveys abutting any U.S. Survey +«ade after the date of statehood or in any location where no uplands survey exists, the line of inean high tide shall be determined by using U.S.C. & G.S. Bench Marks, (or any other bench marks which have been established from that source), and tide table datura. The upland boundary need not follow this line in its entire exactness, but may follow in a"meander" or "averaqe" Iine of inean high tide. Each end of the boundary should be established on the elevation of inean high tide. Provided however, that where the true line of mean high tide has been altered by fill or artificial accretion, the line of high ~ide as it existed prior to such alteration shall govern. ~ --y ~ ~/ 3. In the case that no U.S.C. & G.S. Bench Mark exists within one mile of the property being surveyed, the surveyor may, by using the tide tables for the immediate body of water, and applying tidal readings he has taken, determine the line of inean hiqh tide and use it in ~ /~ Ord. 455-78, page 10 ~ „- ~ = ^ accordance with paragraph (2) oi this . section. In some cases, such as salt or mud flat areas where the average grade of the bench is 10$ or less and determininq the elevation of 'che line of inean high tide could create a lengthy horizontal distance, the City Council may require that the true line of inean high tide be established, regardless of the distance from a known bench mark. (b) Method of establishinq side boundary lines. In fixing the side boundary lines, the qeneral rules of extending Riparian Boundary Lines, as outlined by such authors as Rayner, Clark, or Brown shall be followed. In the event that actual occupancy does not match the Riparian Boundaries, the survey shall be made to include the occupant's holdings and not to encroach on the adjoining occupant. Section 6.7. Procedure on Final Plat (a) The final plat shall conform substantially to the preliminary layout as approved by the • Manager. (b) The final plat shall be submitted to the City Clerk on good quality tracing cloth, in ink, or mylars together with five prints. (c) The final plat shall be drawn to scale of one inch equals 100 feet, with an option of using one inch equals 20 or 40 feet, on sheets of one of three sizes: 18" x 24", 31 1/2" x 34", or 22" x 36", unless otherwise approved by the Manager. When more than one sheet is required, an index shall be filed showing the entire parcel with the sheets in numerical order, and each sheet showing the total number, i.e., sheet 1 af 3. When more than one sheet is submitted, only the last must have the approval blocks, but all sheets must be the same size. ~ r ~ +~ ^ ~ /~ ..:.,. ,.,,.. _ :. ~ . .~;r...rs a ... . ..~__' Ord. 455-78, paqe 11 n (d) When the final plat has been approved by the Mana.:~er, one copy shall be sent, along with the deed to the property, to the Magistrate of the Recording District in which the tract lies for official recording. Special instructions shall be sent to the Magistrate instructing him to send the deed to the occupant after recordinq. One copy of the plat will be returned to the occupant. The original tracing containing the certification by the Manager will be retained by the City. Prints or duplicate transparencies will be furnished at cest of reproduction. Section 6.8. Final Plat Requirements. (a) ~ The final plat shall include all information required on the preliminary plat. (b) The final plat must represent an actual . survey made by a person who has been qualified by the State of Alaska, Board of Engineers & Architects Examiners to practice land surveying in the State of Alaska. (c) In addition thereto, the following information shall be shown on the final plat: 1. Boundary lines of the parcel with length and bearings which must close within the limits of 1 to 5,000. If the seaward limits of the survey falls within the line of inean low tide, the seaward boundary must represent lines actually established by the surveyor. 2. All easements as required by the City. 3. Basis of bearinqs used. 4. A properly labeled legend showing monuments as found or established. 5. The course of the shoreline for an additional 400 feet from each side of the survey. (d) Monuments. 1. Minimum requirements: Monuments shall ~ consist of a one and one-half inch galvanized iron pipe, thirty or more inches lonq. This pipe shall have a faur-inch flanqe across the bottom and /' ..~-~- - - - - - ~ ~.~. . .~:, . '_'___- _. ~ j._s.,.: r.....~m•. .. . . . .. ~ . ~'-_,.~ - - _ ~_ ~_-.. .. _..~ ~._.____~..._~___._~_._. ... :...~.-__~ .... _ . ~ " ~ - ~, _ -__ _ _ _ _ _ ' _ ~~~;:--~ •- _ - ' ' ' Ord. 455-78, page 12 shall be filled with concrete. Firmly n emplaced in the concrets at the top ahall hP a hrass nr bronze cap. The pipe shall be thoroughly tamped when set. The brass or bronze cap shall have a minimum of two inch diameter across the top and 3/4 inch by 2-1/2 inch shank. Each cap shall be marked in accordance with the Manual of Surveying instructions as compiled by the Bureau of Land Management and shall also show the registration number of the surveyor. Where impracticable to set an iron pipe monument, a tablet containing a minimum of 1,000 cubic inches of concrete and a brass or bronze cap marking the actual corner point may be used. Should the point for a corner be in a place which would be impracticable to monument, witness corners shall be set in a safe place on the survey boundary line or have two zeference monuments set. The monuments on the uplands side of the survey shall be referenced to bearing objects, such as trees, rocks, piling, buildinqs, etc., or have two reference raonuments set marking the corner. • These references may be shown on the plat of survey or may be listed separately on a plat as described under Section 5.7, Paragraph c. 2. Unless otherwise approved by the City Council, every survey shall have at least four monuments, each fully described in the plat of survey. It is desirable but not mandatory that monuments be set at all exterior angle points of the parcel. The line of sight between adjacent monuments shall be unobstructed. The distance between adjacent monuments shall not exceed thirteen hundred and twenty feet (1,320'). No part of the parcel shall be farther than thirteen hundred and twenty feet (1,320') from a monument unless otherwf.se approved by the City Council. .~ r.~ _ ~ 'r ( . ~ ~' ,~ , ~ ~~ ~ '~ ~,~ ~ ~ '~ k ! • ~!I 3 ~ ~ ~ •. .'. ~ .~1 ~ /~ Ord. 455-78, page 13 3. If t-r.e poi~t for the seaward corner falls in an unsafe place, a witness corner shall be established on the side boundary line. (e) Relationship to known monument. 1. Bearings of all lines shall be referred to the true meridian. The magnetic needle may not be used for this purpose. Bearings shall be obtained by deflection from existing official surveys at the G.L.O., B.L.M., U.S.C., and G.S., U.S.G.S., the Alaska Division of Lands, or monuments with proper identification which are delineated on recorded plats, unless otherwise provided for in these regulations. 2. True bearings and distances to the nearest established survey lines, such as those listed previously, which shall be accurately described on the plat, shall be shown. Section 7. Deposits for Costs Prerequisite to Filing. _ The application form will assist the applicant in determining the proper costs to advance, which will depend upon the nature of the right claimed. In all cases a filing fee of $10.00 will be required. Survey costs depend upon the area claimed at the rate of $0.01516 per square foot. If the area claimed is different from the lot as it appears on the Survey, the applicant shall show the measurements of the additional or lesser area claimed and compute and pay the different survey cost accordingly. Transfer costs will be the same in all cases. They cover the cost of time estimated to be required to examine, process and approve the application, as well as to prepare and execute the deed, publish notice, qive notice of additional costs, if any, and give notice to applicant. In all cases transfer costs will be in the amount of $35.00. Deposit for appraisal costs will be required in all cases of Class II preference riqhts, or where another asserted right is determined by the Council to be a Class II right. Appraisal costs will depend upon the area involved and the complexity of the appraisal saught. Where required as a deposit, the minimum amount is $50.00 but additional amounts not exceeding $100.00 may be required prior to delivery of deed. ~ Section 8. Additional Costs in Certain Cases. Aside from deposits requ red at the time of filing applications, ~ additional costs will be required to be paid prior to hearings where disputes require hearings, and for cost af land under ~ w !' __.. ~ .. .. _ - - - - - - - - - _ . . -=--~~=~,~rs.r~ir;r ~ Ord. 455-78, page 14 ~ a Class II right as well as appraisal thereof when a preference ' right sought to be exercised is determined to be a Class II right, as follows: (a) when the area claimed does not comply with the baundaries of the lot shown on the Suzvey, it is necessary to have a hearing to establish the va2idity of the right claimed and whether it is necessary for the Survey to be changed to comply with th~ application. This may require notice to be given to adjacent occupants interested in the difference between the lands claimed and 2and as shown on the Survey sc that all parties in interest may be heard at the hearing. (b) When applications conflict with the same area or portions thereof, it shall be necessary to ~ conduct a hearing to determine the fact and the issue in question. Conflicting claims will be carefully scrutinized and each disputing party will bear the burden of proving facts sufficient to establish the validity of his claim. - (c) The party filing an applicatian conflicting ~ with a claim previously filed shall be required to deposit hearings costs in the amount of $50.00. If the conflict is not known at the time of filing, the applicant shall be advised of the conflict as soon as it is known and of the need to deposit the hearing cost deposit. (d) The applicant who after hearing and deter- mination by the Council is determined to have claimed the land of another shall be the party to bear the cost of the hearing. If such party did not deposit such costs, no deed shall be delivered to him until the cost is paid. Where the depositor is the prevailing party, the hearing cost deposited shall be refunded to him by the City. (e) When title b; Class ZI preference right is claimed, the applicant shall be required to deposit the appraised purchase price after appraisal has been made and the purchase price has been so determined. The same procedure will be applied when no application under another Class of right is sought but it is determined that the only available right ~~ to the applicant is a Class II right. - - - • --~ // ~ ~ .. . ' ~ ~..~~... - .-. ~• ' "~' '_' _ " ' ' " "` ~ - - - •"'T~_^_" - _ "" __' _ _'~"Me.- 1 ~ f - ~ Ord. 455-78, page I5 (f) When a preference right is sought to be . ~ exercised other than a Class II right and such right is determined to be a Class II r~~l'it~ tii2ii tli8 upj~l.i.~.dlil oitdli L'8 1:Ci.~ul'.i:F:~I to deposit the estimated cost of appraising the property claimed. (g) The applicant who receives the deed from the ~ City shall at his own cost bear the cost of recording the deed. Section 9. Procedures for Processing Filed Applications. The Clerk shall cause the following procedures to be carried outs (a) All copies of applications accepted for filing shall be stamped with time and date of , i filing and an applicatian number in chronol- ,~ , cgical order of filing. ~ (b) All original applications shall be filed in a I permanent -register and the names of the applicants entered in an alphabetical index which shall be a permanent part of such ~ ~ register. I , (c) The application register shall be avaiiable ~_ for public inspect~on during office hours of the Clerk except k•hen in actual use for . , i filing and indexing. ~ ; (d) Certified copies of all applications shall be ~ prepared for all persons upon request upon -~ ;; their paying $2.00 per page for copies of ~ said application~ and any attachments forminq .; ; a part thereof. (e) Prc~cessing of duplicate applicatfons. The third capy of the application will be returned to the applican~ as his record and as receipt for deposit made, or mailed to applicant if he has provided a return envelope. The second copy shall be the working file copy to be handled and processed as follows: l. Applications to exercise Class I preference rights which apply for lands which comply with the Survey with respect to area and boundary locations shall be transmitted to the City Engineer for handling as provided i.n Section 11 (b). ~ ~ r. r+. - ~ ~~ r ~. ;~~ Ord. 455-78, page 16 - ^ 2. Applications to exercise Class Z preference rights which claim lands which do not comply witn the Survey with LE:;pect to ~~ area and boundary locations, shall be transmitted to the City Engineer for ~ handling as provided in Section 11(a) and further processing as provided in _ Section 14. 3. Applications to exercise Class II preference rights, and all applications ~ i determined in whole or in part to be i Class II, shall be transmitted to the Assessor for appraisal as provided in Section 10. , 4. No applications which combine Class I ~_ ~ . and Class II preference rights will be accepted for filing. Any such appli- cation pzesented for filing shall be I returned to the applicant for revision into two or more applications, each of which will apply for land under only one ~ type of preference right. 5. An application to exercise one class of - preference right which in part camplies ~ with the Survey with respect to area and boundary locations, but does not wholly comply with the Survey in such respects, shall be treated as if no part of the - application so complies with the Survey ~ and shall be processed for contest hearing. ~ ~ Section 10. Appraisal. All applications for Class II preference r3.ghts shall be transmitted to a professional ~ appraiser for appraisal. Iiis appraisal shall be made on a , ~ form prepared in duplicate, the original of which shall be -~~~~ attached to the application and the dup2icate of which shall ~-~ ' ' be retained for his records. Applications when appraised ~~ shall be transmitted to the Cit En ineer for further y g' processing. ~ Seation 11. Review bY City Enqineer. All applications ' beinq ready for processinq shall be reviewed by the City ~ ~ Engineer. Upon review and comparison with the Survey, he ,~-`:'. - - ~ shall make his statement in duplicate as to whether or not - ~ the application seeks to exercise a preference right to land -_-_f:,:. ( which is described on the Survey, and camplies with it in _- _ ~ I respect to area and boundary locations, and the interest of -", ' .j ~ ! ~~ f ~ the City, if any, in the lands applied for. . ' ~ 1~ t w_ ~ - , ~ ' P~ ~ : ; S t ', , ~ , ~ ~ ~ ~ /' J . a Ord. 455-78, page 17 ,/"1 ' (a) Applications which do not conform to whole I IOtS o. iI-e Sul vCy , i~i: L42iiC;i SG@ii tG 2i+ei CiSB ~ a preferei:ce right to land in which the City has, or bel;eves it has an interest in, shall be transmitt~~d to the Hearings Officer for further processinqs under Section 14. (b) Applications which do comply with the Survey with respect to area and boundaries, and which do not seek to exercise a preference right to land in which the City has an interest, shall be considered approved and shall be returned to the City Clerk for further proceedings under Section 12. Section 12. Processing of Approved Applications by Clerk and Notice to Public. All applications returned to the Clerk approved by the City Engineer, and appraised by the Appraisorif required, shall be processed by the Clerk in the - following manner: The Clerk shall ascertain if the deposit made by the applicant is sufficient to pay all known and estimated costs of survey, appraisal, transfer, and purchase, , if of Class II, and if not, to advise the applicant that the remainder due shall be deposited with the Clerk before ~ further processinq. If or when the deposit is sufficient to pay all such costs, the Clerk shall cause to be published ! once a week for four (4) weeks, in a newspaper of general circulation i.~n the City, notice of the names of the applicantts). the Block and Lot numbers of the property claimed according to Survey designations, the preference riqht claimed, the ~ improvements made, the lenqth of time (including the dates) ~ the applicant occupied the land, and if Class II, its ` apprafsed value, and that the City will issue to the applicant(s) ~ its Deed therefor within thirty (30) days after the last ~ date of publication, provided that before date of last ~ s~` publication no adverse application or claim has been filed t'''' with the City. During said period of publication the applications ~ therefor shall be returned to the City Engineer who, at the .`;:, ?. end of said period of publication, shall note on the application °~ yw whether or not any adverse claims have been filed for the t~~~ land in question. If adverse claims have been filed, the ~~ ~ applications shall be further processed for hearing. If no ~ adverse claims have been filed, the respective applications " ~ shall be returned to the Clerk. ; Section 13. Deeds--Permanent Re ister. The Clerk -----`' j shall then cause to e prepared a Quit-Claim deed conveying ~~~~ ; such land to the applicant(s) that the City has and transmit '~ ~~ the Quit-Claim Deed to the Manager for execution. Notice :~ shall then be sent to the applicant to take delivery of said '~ - , . ~ ; , ~ - t '- -~• ~ ,~~ " . /' ~~~.._ ;; ~' _. I Ord. 455-78, page 18 ~ ~ nPpc] at the office of the Clerk, who shall deliver the same ta the applicant if all requirements have been met and all costs, including purchase price, if required, have been paid. Duplicate originals of all executed Deeds shall be ~ kept in the office of the Clerk in a permanent register entitled "Kenai Tidelands Aeeds" with permanent alphabetical index of grantees. Section 14. Special Proceedings for Disputed Claims-- Establishment of Office of Hearin s Officer. There is ereby create , or the purpose of assisting the Council in `t performing its duties of adjudicating disputes between claimants of preference rights to tidelands, the office of the Hearing Officer. He shall be appointed by the Council. "~ to serve without compensation other than an agreed part of _ the deposits made by claimants for hearing costs. His duty '~ shall be to set disputes for hearing and hear the evidence ~ I under oath of the parties to the disputes. Proceedings i shall be informally conducted, and their object shall be to • determine without delay the respective basis of the conflicting claims. Upon the submission of each dispute, the Officer , shall prepare a short summary of the conflicting claims and ' I the evidence submitted in support thereof, together with his findings of fact, and conclusions of law. This summary shall be transmitted to the Council for consideration and ~ adjudication. i ~ i Section 15. Proceedings for Determination by Council. of all Disputes. Upon receipt of the working files in all ; cases of disputes, and the summary of the Hearings Officer, ~ ~ together with copies of notices of hearings served upon or `~ ~ mailed to all parties to the dispute, the Council shall set the dispute of Hearing and determination, and cause notice '~~~.- to be served on all parties. Upon the Council having heard ~ f~'~ ~~: the dispute it shall enter its ruling thereon as quickly as - possible, but not later than ten (10) days after the matter , ~ ~ is submitted. Aggrieved persons shall have the right of t: appeal to the Superior Court, within thirty (30) days after , ,:;;. the ruling of the Council is rendered. .:,~. I ~;~ Section 16. Determination upon Stipulations of Facts. ,: '~ ~ Wherever possible, to reach agreement o t e parties at ' hear3.ngs before the Hearings Officer, a stipulation of facts j shall be prepared and aqreed upon by the parties. Where } this is dane the Officer shall prepare and attach his , ., ~.~_ conclusions ef law and submit the file to the City Enqineer ~ to dete~.'niiie if the City's interests are affected by the =~>;-: stipulation, or if a boundary chanqe in the Survey is neces- -; ,+ sary. If a Survey boundary change is required and no third `- ; : :_ _ t `~ i '~ i I i . - - - , ~ . ~, .,,,. _ -. _ . ~ , :~ ~ 3~.7'+, . ~ /~ . _r._.... Ord. 455-78, page 19 0'~ party t~r City 111LCLC`aL~ aiC uftec:Lc3 dd~iClsc:iy k',y th2 prGpO~~d change in boundaries of lots shown on the Survey, upon approval of the Council the Survey shall be directed to be changed. Should it be determined by the City Engineer that the stipulation adversely affects the interest of the City or those of third parties, the dispute shall be returned to the Officer for further proceedings upcn notice given. Section 17. Rejection of Protests Other Than by Applicant. No objections will be received to proposed issuance by Deed by the City on publication of notice thereof, nor will any person be permitted to appear and be heard at any hearing of a dispute before the Hearings Officer or the Council, unless such objector or person is an applicant for pre£erence rights of Class I or II and has filed an application with the Clerk. The foreqoing shall not prevent the appearances before the Hearing Officer or Council of witnesses appearing on behalf of the parties in dispute. Section 18. Handling of Deposit and Purchase Funds. All funds received as deposits with applications for costs or purchase price for tidelands shall be deposited by the Finance Director in the General Fund. Such deposits will be „ credited by the Finance Director as follows: ~J (a) Survey Costs - as a credit to disbursements ~ made by the City for costs of preparing the Tidelands Survey. (b) Transfer Costs - to Administrative Costs as Deeds are issued. (c) Appraisal Costs - to Admfnistrative Costs as earned, or as credit to appraisal costs inaurred. (d) Hearing Costs - to Administrative Costs, Hearings Officer. (e) Purchase Costs of Class II lands shall be credited to a separate account in the General Fund to pay for improvements in tidelands areas consisting of fill, street, sidewalk and sewer improvements. Section 19. Forfeiture of Prefe.rence Ri hts. Any occupant or owner or holder o preference rights as herein defined, who has not applied to the City for title thereto as herein provided, on or before two (2) years after the ;~ date applications to exercise preference rights will be ~ /~ N ~ Ord. 455-78, page 20 ~ ~ .~ P"1 accepted for filing by the City under this Ordinance, by a ~ properly completed applicatian duly filed with the Clerk and accompanie.d by the required deposit, shail have forteited his right to assert his preference rights and acquire title to tidelands subject thereto £rom the City; and such tidelands and contiguous submerged lands subject to such unused preterence rights shall thereafter be free and clear of all claims to preference rights and the City shall have no obligation to convey the same to any Person or persons whosoever, and said land shall then be and remain the property of the City and be subject to such disposition as provided for by law or Ordinance. Section 20. Forms. The clerk shall cause to be printed application forms and other forms for use in processinq the same in substantially the following form: . (a) APPLICATION FOR TIDELAND PREFERENCE RIGIiTS Name Application No. Hcme Address Post Office Address ~ _._ Mark X to designate nature of Preference Right Claimed Class I Class II Does the Tideland Survey 272 correctly show the land applied for7 ye$ No If Tideland Survey does not correctly show land applied for, describe it by metes and bounds and attach plat of land applied for (use attachment if more space is required). Al1 claimed improvements were first constructed and used (1) be£ore September 7, ].957 ?(2) between September 7, 2957 and January 3, 1959 ?(3) after January 3, 1959 ? Is any part of your claim based on improvements and/or fill constructed or placed after January 3, 1959? Yes No . If answer is "yes" describe area improved after January 3, 1959, tuse attachment if more space is needed) and state nature of improvements. ~ Have any of these improvements been extended or improved after (1) September 7, 1957, (2) January 3, 1959? Describe. To what beneficial purpose was fill used prior to (1) September r --~+ ~ ~ - ~~ ~~ ~ ' , ~ ~ ~ }t ~~; ~ ,y . ' 3 .. ,F - ~~ . ,. .• ' Ord. 455-78, page 21 ^ 7, 1957 (2) January 3, 1959? Describe. Was this beneficial use continued through January 3, 19597 Describe. The Survey is based on apparent use and improvements existing on January 3, 1959, recognized by the Alaska Land Act; state i any reason known to you why your claim does not correspond with the Survey. (Use attachment if more space is required). I offer Cash Money Order Cashier's Check n the amount of $ as deposit~or the following costs: I ~ ~ Use by Clerk Filing Fee $ - . Survey Costs (at rate of . _ per sq. ft.) Appraisal Costs (Class II ~ Applications) ~ Transfer Costs ($ ) Hearing Costs (if cla- i-~ erse ~~ ` to prior application a deposit • of $ for hearing and ~~. servi ce notice is required) , ' Total Deposit (Does not include W, purchase price of land in ,~ Class II Applications) Deposit Received by City by Date of Applfcation :~I Date Application Received by C ty Time Filed ~,~ ~~ ~ i r ' " CERTIFICATION .; ~ ~: ~; ~ ~ ,L; I, , the above named applicant, ~~'.;~.; ~ or ts agent, hereby certi y that all of the statements made '~s'~ in the application and incorpora~ed attachments, if any, are ;..,: : , _ true and correct. Pr nt Name s) S gnature(s ~:' r . APPRAISAL ;, The undersiqned appraiser(s) do hereby certify that he has ~ ~ ~. i ~~- ; ~~ ;~ $ r•~ • ~ ~ /~ ~; ..- :::.;;,~;.:.•.~..-.,,.,.~~ , . . .... . _ ...._... . ~ .._._..._~ .. -- - - - - --- . _ _ . . ._.~_.._. .e,. -- - - -- _: .. . . .. . ,,.. . . . ~. ~ _ . ~.~F., . . - ~ -f-~- .-~------~- . _. ~.,.... Ord. 455-78, page 22 , 1 duly appraised the tide and/or submerged land described in the attached Application No. of , without including in the hereinafter stated value any value for valuable improvements constructed or placed hereon prior to January 3, 1959, at the fair market value. Tideland sq. ft. at $ per sq. foot $ DATED at Kenai, Alaska, this ~ day of , 197 Signed .J (c) CITY ENGINEER'S REPORT This is to certify that the undersigned, City Engineer for the City of Kenai, Alaska, has examined the attached Applicatian No. for and compared the same to the Kenai Survey 272 and under the provisions of Ordinance No. do report as fo2lows: I. The land claimed corresponds to the Survey in area and , boundaries. ~ Yes No i 2. The land claimed does not so correspond in ~he follow3nr! ~ respects: ~ I 3. The land clain~ed is aontrary to the interest of the City ~ of Kenai. ~ 4. The land cla~med has already been claimed in Application ~ No. Recommendations: ~ (d) ~ DETERMINATION BY COUNCIL ~ Dispute No. ~ Adverse Claimants 1. ~ a 2. ~ 3. E 4. ~ ~ ~ .. -. - ~ /~ ~ . _ .~,. • _ __ Ord. 455-78, page 23 Descriptfon of Land according to Plat and Survey. Qther Descrirtion: Date of Hearing _ Persons Appearing: Determination: (e) Block Lot Notice Given CITY OF KENAI, ALASKA TIDELAND QUIT-CLAIM DEEA This deed, made in duplicate this day of , 197 , by and between the City of Kenai; Alaska, Grantor, and`r , Grantee(s). W I T N E S S E T H: That the said Grantor, for and in consideration of the sum af One and No/100ths ($1.00) Dollar and other good and valuable consideration, to it in hand paid by the said Grantee(s), pursuant to the provisions of the Alaska Land Act (Chapter 169, SLA 1959) and Ordinance No. 455-78, enacted on January 3, 1979, pursuant thereto, does hereby conveys, quit claims, and confirms unto said Grantee(s) as tenants by the entirety, with the right of survivorship (strike if grantees are not husband and wife), and to his (their) heirs and assigns (strike if Grantee a corporation), and to its successors and assiqns (strike if Grantee nat a corporation), all such interest as the Grantor has, if any, in the following described lot, piece, parcel and tract of tideland and contiguous submerged land situated within the corporate limits of the City of Kenai, Alaska, and more particularly described as follows, to-wit: Together with all and singular the tenements, hereditaments and appurtenances thereunto belonging or in anywise appertaining. To have and to hold the same unto the said Grantee(s), his oz their heirs and assigns, (or) to its successors and assigns, forever. Q ~~ IN WITNESS WHEREOF, the Grantor has caused this Deed to be executed the day and year hereinabove first written. ~ ~~ r ~. ; r ~~ . ~ ~'• : . ~' ~. , ~ ~ ~ ~ ~:. 1 /~ _..~_.._.~~~~y - --- ~ - ~ Ord. 455-7f3, p~1~e 24 ~ CORPOFt11TE SEAL CITY OF KENAI , ALASKA ATTEST: , ,-~ By : Zts C1crL Its rlanager ARTICLE III . RULES AND REGULATIONS GOVEP.::ING THE 11D~1INISTItf'1TION OF CITY-O-~tiEn TIDE ~l`~D SUB~IERGED LatiDS ~OT SCBJ~CT TO PREFERENCE RIGFiTS, OR WliBRE PREFERENCE RIGHTS H~VE NOT BEEN EXERCISED. Sec~ion 1. Sale of TideJ.ands-Prohibition. All tide and contiguous submerged lands af which the City has title may not be sold excep~ as provided in Article II. Section 2. Leasing of Tidelands. p. Polic . The City, in order to make sites available for beneficial industries, may lease City-owned tidel,ands to persons who agree to operate a beneficial industry upon the terms and conditions the Council considers advantageous to the City. g. Lands Available for Leasinq. All classified tide ••~nd aontiquous submerged land within the limits of the City to which the City holds title may be leased as ~" hereinafter provided, for surface use only, and under the condition that said 1.ease is subject and inferior to preference right claims that may be made within a two year filing period for preference rights. ' ~ C. Classffication Prior to Lease Re uired. Before .. accept ng applications to lease tidelands, the area involved shall have first been classified for leasing by the City Council with the approval of the Advisory Planning and Hazbor Commissions, and their availability adver~ised in a newspaper of general circulation in the area thirty (30) days prior to the time set for the elosinq of the acceptance of application. D. Concept Applications. AJ.1 applica~ions for lease of tidelands shall be filed with the City Clerk~on ~prms provided by her and available at City Hall. Only forms completed in full and accompanied by a$20.00 filing fee will be accepted for filing. Filir.q fees sre not refundable. taith every application the ap- ~ plicant shall submit a development plan show5.ng and ~..~ • ` ~` : ~~ r --~ - r' "` / ~ ~I Ord. 455-78, page 25 .~ stating (1) the purpose of the proposed lease (2) the LS@~ Vd1UC dll~ llcii.u'J:b Gf llii~ilGVc:iT'iciat3 t0 k'iC CC:i13tTwC~Cw (3) the type of construction and (4) dates construction is estimated to commence and be completed (5) whether intended use complies with the zoning ordinance and comprehensive plan of the City (6) describe generally by reference to the Tidelands Survey 272 the area to be leased. E. Rights Prior to Leasing. The filinq of an application for a lease shall give the applicant no right to a lease or to the use of the land applied for. Any use not authorized by a lease shall constitute a trespass against the City. F. Public Notice-Public Hearing. Notice of the lease shall be published in a newspaper of general circulation ~ within the City once each week for two successive weeks not less than ten nor more than thirty days prior to the date of public hearing. The notice must contain the name of the applicant, a brief description of the land, its area and general location, proposed use, term, proposed annual minimum rental (i.e. percentage of fair market value or flat fee plus percentage of -- gross pursuant to Section 3(b)), limitation if any, and ~ a declaration that the City Council will consider the lease to the applicant on the basis of the applicant's agreement to operate a beneficial new industry upon the terms and conditions as set forth in its application which is available for public inspection at the City Hall offices. The notice shall state the date upon ' which public hearing will be held before the City Council for consideration of the application. The applicant shall bear the costs of all such advertising and his failure to pay the same within ten (10) days of his being billed shall void his application. G. Selection of Applicant. After the hearing provided in sub-section F above, the Council will make its selection and approval of the applicant if in the Council's opinion, on the basis of all the testimony presented, the award of the prospective lease will be financially advantageous to the City and in the best interests of the public welfare, health and safety. The Council may impose additional conditions upon the applicant before making its award. The decision of the Council shall be posted on the City Bulletin Board the day after the hearing and remain posted for ten days. ,~ /' _r.. . _.:~ .s.. .. •,.L..a~; ~ ~ .. ~r,.. Qrd. 455-"lII, pac~e 2G H. ~peal. 11m• person disagreeing with the decision of the Council may appeal the decision by filing suit ~ in the Superior Court, Third Judicial District, within ten (10) days from the date of the p~stinn nr ~.,,tn~iZ~~ decision. I. Appraisal and Survev of Leased Lands. Ten days after the selection of the avplicant if no ci~~il action has been filed pursuant to H above, the a~plicant shall at his own cost obtain a professional appraisal and survey of the land to be leased. J. After tha determination of th~ fair'market value, the lease document shall be prepared utilizing the rental rate as affected by the fair market value and after execution thereof by the applicant shall be presented to Council for authorization for signature by the City Manager. Section 3. The Lease Document. A. Term of Lease. Leases may be issued for a term of not less than 5 nor more than 99 years. The applicant shal]. state in his application the term desired. In determining whether to grant a lease for the requested term, the Council shall consider the nature, extent and cost of the improvements which the applicant agrees to construc~ thereon as a condition of the lease, the value of the applicant's propose:~ use ta the economy of the City and other relevant factors. B. Contents of Lease and Rent. The lease will contain the provisions as required of leases of municipal airport lands and facilities, Ordinance 400-78, except that the Council as an alternative to the rent provisions therein provided may establish a rental rate based upon a fixed rate and percentage of gross of the lessee's enterprise, when the Council has determined that it would be in the City's best interest to do so. Section 4. Permit for use--Conditions. A. Permits. When in the best interest of the City, the Counil may issue permits (other than set-net permits covered by Section 5) for the use and/or improvement of City owned tidelands or for the remova2. of materials therefrom. The Council shall give such preference to the use of the land as will be of greatest economic benefit to the City. ~ ~.J~ .. w. _ _ '„ , -~~ - . . T ~ / _ ~__ ,---^.._ _-..._ , ... _:_ .-.~_. __ .....__ . /` ,c ~i Ord. 455-78, page 27 ^ B. Fees. Permit fees shall be set by the Council for ~ each case. In addition to set fees, a permit fee may be based upon a percentage of the gross ot the permit- tee's enterprise thereon. C. Permit for use--Application. Application for tidelands permit shall be submitted to the manager. The manager shall submit the application to the Advisory Planning and Zoning and the Harbor Commission for their approval or disapproval and, upon its return, shall report the findings of theae commis~ions to the Council, whereupon the Council may, with or without a public hearinq, qrant or reject the requested permit. D. Permit for use--Tern,--Revocation--Renewal-- Sale of improvements. l. Revocable, renewable--dut of ermittee. Permits ssued shall not exceed one year in duration, but are renewable at the option of Council. All permits shall be revocable when used contrary to the conditions under which they are granted, or when the Council in its judgment determines ~hat the best interest of the City would be served by revocation. If any permit expires or is revoked, .. all improvements placed on the tide or contiguous lands shall be removed by the permittee within 60 - days, provided, however, that the manager may extetid the time for removing such improvements in cases where hardship is shown. A permittee may, with the consent of the manager, sell his improve- utents to any succeedinq permittee. 2. Sale of im rovements. Any improvements or chattels avinq an appraised value in excess of $10,000.00 which are not removed within the time allowed shall be sold at public sale and the net proceeds thereof, if any, shall be paid to the permittee after paying all expenses of the sale and charges due to the City. If there are no other bidders, the City may bid in the property for the total amount of permittee's indebt~dness to the City. Any improvements having a value of less than $10,000.00 which are not removed within the time allowed shall revert to and become the absolute property of the City. E. Ri~hts-of-way and Easements Granted by Permit. Permit may be issued by the manager after consultation with the Harbor and Planninq Commissions and after ,~"^~ approval by the Council for utility lines and services ~~ of all types and for necessary rights-of-way. Such permits shall be revocable at the option of the City. r-~ /" ~.~eR.i~.:..,~.a... . . ,. .., ..,. . _ ~~ . Ord. 455-78, page 28 ~ Section 5. Set-Net Permits ~ ~ J~ A. Policy. The City may qrant permits for the place- ment of fishing set nets on City-owned tidelands. Users of such permits are bound by the rules imposed by the Alaska Board of Fish & Game. The ~iumber of set-net permits qranted will be infiuenced by environmental and economic considerations. B. Option Rights. First option shall be granted to ' the upland permit holder over other nonpreference applicants for the use of tideland and contiguous sub- merged land seaward of the upland property and which is needed by such owner for the purpose of set-netting, provided that the permit granted pursuant to such option may be no longer than the length of the original set-net permit or lease for the use of the upland tract. The reasoning behind granting such a first . option is to avoid the inequity, confrontation and strife that may result where the upland set-netter is cut off from fishing runs by set-nets placed seaward of his nets. C. Conditions. In order to benefit the greatest number, while stil.l being aware of the need to preserve the environment and its food supply, the followinq ~ conditions attach to all set-net permits issued by the _ City which shall additionally be set forth in each permit issued. 1. Two permits per may hold more than from the City, and site contain in ex~ legal gear allowed Game in the region located. - r individual. No one individual two set-net permits of any kind in no event shall such permit ~ess of the number of units of by the Alaska Board of Fish and in which the City tidelands are 2a Status of ermittee. The permit allows the 1 f 3. Size of tract and lacement of set-nets. The size of the indiv dual set-net tract is determin~d ~ by the City Council at the time of classification ~ w ~ ~ ~ ~ I p ac ng o set-net equ pment upon City tidelands under certain conditions herein enumerated. No riqht or title whatsoever nor exclusive right to the use in the land is granted to the permittee by such permit. The permittee may not block access to said lands in any way. No permanent installation, buildinq, structure, fixture or facility shall be erected upon permit tracts except those features directly necessary far the operation of a set-net. !" Ord. 455-78, page 29 ^ of the tideland for set-net permit sites. The size of the set-net tracts shaI.l not be greater than twice the minimum distance minus one foot allowed between nets by the Alaska Bo~rd of Fish and Game regulations for the local area. The maximum distance of the tract side line from the neares~ net site within the tract shall not exceed one-half the distance allowed between net sites by the Alaska Board of Fish & Game regulations. The seaward end line of each tract and the landward end line of an off-shore tract shall not be £arther from the seaward end of the nearest net than one-half the distance prescribed by the regulations of the Alaska Board of Fish & Game as the minimum distance between nets. The horizontal distance between net sites shall be in accordance with the Alaska Board of Fish & Game Regulations to the locality. 4. Marking of lease tracts. Unless otherwise approved by the managez, each tract shall be marked at the right corner not lower than the mean high tide line with a wooden post at least three inches in diameter. To protect the marker the applicant whenever possible should place the marker on an extension of the boundary line above the high water line, but in a location visible from the tidelands. The marker must be at least two feet in heiqht above the ground level. The marker shall be painted a light color to which must be attached a sign bearing the fisherman's shore fishery permit number. •~, , .; , . ,; ; ;: s-... ,, : ~ .,- -f_ 5. Use of ermit. The permittee must personally util ze the set-net site for not less than four legal f ishing periods during the commercial fishing season. The permittee may refrain from utilizing the set-net permit for any one year, but not two consecutive years. The manager may make written exceptions to these rules when its strict enforce- ment will work a hardship to the applicant. Written exceptions or denials for exceptions statinq the circumstances and reasoning shall be kept on file for public inspection. 6. Closed area. No set-net permit may be utilized in sites closed to fishing by the State Board of Fish & Game and other state authority, but such ,-" `~ permits shall not be revoked for failure to uta.lize `r~ the set-net permit. ~ /~ Ord• 455-78, page 30 _i ; ~ - ---- -. T --- ~-. ~ 7. Hardship. The annual rental may be waived in the case of substantial injury, illness, cali to military service or when the area is legally closed to fishing. The lessee must make application to the manaqer for waiver of the annual rental not less than 30 days before the due date. The manager shall render a written decision to be kept on file describing the reasoning for allowing or disallowing such waiver. 8. Qualifications of a licant. An applicant for a perm t s qualif ed if the applicant: (i) is a citizen of the United States and at least 18 years of age; or (ii) has filed a declaration of intention to . become a citizen and is at least 19 years of aqe; or (fii) is qualified under other sections of these requlations. 9. Proof of ualification. In addition to the informat on subm tted w th the application, the .-~ manaqer may request such additional proof of _ qualification as is deemeS necessary to help determine the qualified applicants. Failure to comply with any request for proof of qualification or additional information shall be reason for the disqualification of an applicant. 10. Rights prior to permit issuance. The filing of an application for u permit sha13. not in any way vest any right in the applicant to a permit. 11. Conditional i~suance of ermit. All set-net permits shall be cond t onal subject to: (i) the pern~ittee obtaining a current commercial fishing license; (ii) utilization as per sec. 5 above; (iii) the commercial fishing regula~fons of the State of Alaska. 12. Issuance of permit. After expiration of allowable appeal period, the manager shall issue the permit to the appropriate person. In the ~ event an appeal is filed, no permit shall be ~ issued until the Council's rulinq is received and the time for appeal to the Superior Court has expired. - ' , _ , -~ , ; . ~ /~ ~ Ord. 455-78, page 31 13. Proper location by the permittee. It shall be the responsibility of the permittee to properly locate himself on the permit tract. .~ 14. Annual fee. The annual fee for set-net permits pursuant to subsection I, is due in advance at its inception and shall be prorated to July lst of each year. 15. Successor in interest. In the case where one person has purchased or otherwise legally acquired all rights and interest in another person's set- net permit, the purchaser shall succeed to all rights and privileges that the seller would be eligible to enjoy under the provisions of these requlations provided that the purchaser submits to the manager: (i) a certified statement setting forth the name of the seller, location of the net site, and the date of purchase; and (ii) a certified statement by the seller setting forth the length of time he has personally operated the net site or net sites and further stating that he has relinquished to the purchaser all his rights and interest in the permit and the name and address of each of the adjacent set-net permittees. 16. Appeal. Any action, order or decision made by the manager may be appealed by an agqrieved party to the City Council. The appeal must: (i) be filed within 10 calendar days after receipt of notice of the director's action; (ii) be filed in aupiicate; (ifi) specify the action or actions to be reviewed by the Council; and (iv) specify the grounds urged for the reversal or modification of the decision. ~ The decision of the Council is final. The appellant may seek to file suit against such decision in the Superior Court, Third Sudicial District, no later ~ than ten days after receiving notice of the Council s decision at which time he will be considered to have waived his objections. . -- /' '. Ord. 455-78, page 32 ~ 17. Disputes of boundar; line location. In a ' dispute concerning one or more set-net permit sites, the protestinq party may request the manager to reestablish by survey the boundary lines of each tract or tracts in question. The manager may require that a survey be performed to determine the original location of the boundary lines in dispute. The party or parties at fault shall pay the cost of the entire survey, or, failing to do so, the permit of the party at fault shall be revoked. D. Classification of Set-Net Areas. Before granting any set-net permit, the City Council by resolution previously advertised in a newspaper of general circulation no less than five days before the date of hearinq and with the approval of the Harbor and Planning & 2oning Commissions, shall classify the area to be utilized for such permits except that where there are existing upland permittees of set-net permits than there shall be no advertising required where said existing setnet permittees exercise their option to apply for such permit sites pursuant to Section 5(b) above. The land shall be surveyed and platted into individual tracts to be utili2ed for set-net permits. The cost of surveying, -~ platting, advertising and other out-of-pocket expenses _ incurred in properly classifying the land shall be reimbursed by the eventual permittees, if any, or shall be paid for directly by option holders. The Council at the time of considering the resolution shall determine the permit fee to be charged for set-net permits and make that determination part of the resolution to be passed. E. Notice. Notice of the classification of the lands ' available for set-net permits, the time period for the ~ acceptance of applications, and the pezmit fee shall be • ~ posted on the City Bulletin Soard ten (10? days prior ~ to the acceptance of applications therefore. In ad- ~,~ ; dition, notice of the classification shall be printed ,r.- ~ fn a newspaper of general circulation within the area !t . ten (10) days prior to the time for acceptance of '~ applications. This paragraph shall not apply where existing set-net permit holders exercise their option. ~ rl F. Applications. Applications for set-net permits for ~ classified lands shall be submitted on forms provided --~^ ~ by the City Clerk and shall be accompanied by a$20.00 __<: + non-refundable application fee. . , i G. Withdrawal of Classification. The Council may at _ ,~ any time prior to the selection of permittees rescind its resolution classifyinq permit lands and refund the ~ ' application fees made. .~ I , ~~ 1'~ ._ . ". r ~~ ' ~'~ , /~ - - ,. ~ . ._ - - - - - - ~.-n- - -- - Ord. 455-78, page 33 H. Selecti an. ,•Jh~re mor~ Lhcin onG ne>{~1 icanL a~~pl ies ~ per set-net F~ermi.t, the sel~ction shall b~~ mac:c by ' lottery at a public drawitiq. The m.~n~.ter sh~ill reject dli d~t.ii~ui.iG:13 ui.~yu~iiiiic_u ivi i.iiiulv I.~~ u,~•~~i, Li1L conditions of subsection "~." A disqualif.ied ~-,,~lican~ may appeal his disqualif.ication to the Ci~y Council pursuant to subsecticn C, paragraph 16. I. Permits-duration. Except for option permits pursuant to Sec. 5(b), set-net permits shall be granted by ' the City Council for periods of no lor,ger than four (4) years in letigth. Permits are not renewable and the expfred set-net site must be reclassified pursuant to subsection "D° before permits thereon may be granted again. J. Fees. Set-net permittee will pay their propor.tian- ate share of the suzvey platting and other classiffcation expenses incurred by the•City. In additi.on, set-net permittee fees shall be determined by the Council by resolution at the time of the classification of the land for set-net purposes. Said fee may be a fixed fee or fixed fee plus a percentage of the gross inc~me the permittee derives from the use of the set-net permit. ~ K. Revocation of Permits. Permits may be revoked fm- mediately by the Manager for the following reasons: (1) Breach by permittee of the permit conditions set forth in the permit. (2) Failure to pay the permit fee, or to render the proper information in.,determining the per- aentage of gzoss of in~ome obtained from permit use. ; ti.: (3) If issued in error with respect to material £acts. (4) If the pexmit site is being used by the permittee for purposes other than setting nets or for unlawful purp~ses, or in violation of Alaska Board of Fish & Game rules and regulations. (5) If the permit site is not utilized pt!rsuant to the conditions imposed by subsection "~." (6) By mutual consent. A permittee may appeal the revocation of the permft to ~ the City Council by following the procedures set forth ~ in subsection 8(16). • L. Rules and Requlations Governinq Existinq Set- Net Permits. Set-net permits or leases exist ni g bet~~een • ~ ~.., . r` ~ ~, /~ r~~ - W . . ~ ~ - ----°s~~_-- -------..,~.~~.~~ ~ ` . Ord. 455-78, ~age 3~ ~ the State Aepartment of Natural Resourcos and various set-net pezmi.ttees at the time that the City qaincd /~ ownership of the tidel~nds areas, will. be honored as pQrmits by the City for the duration of timc that the leases or p~rmits arc in effect. No renewals thoreof, however, will bQ qr.anted, and the ~ set-not permittee or lcsssoe whose permit or leasQ has ~ ; expired will stand in the sama position as any othar permittee applicant seekinq a permit from the City. whero the existing lease or permit contains a riqht of renewa]., then that provision will be honored for one renewal period as designated undar the lease but shall be termed ana considered as a permit rather than a ~ I lease. Unless as otherwise specified in the existing I permit or lease, the fee for the set-net pormit shall ~ bo as determined by fo3.lowing the current State Department of Natural Resources f~as applicable to such set-net ~ permits. • ~ 4" M. Effect of Existin Preference Ri hts. Pormits are ~ subject an n er or to any outstand ng pref.erence rights which have not yet been claimed within the two yeax limitation period set out fn Artfcle II, Sectiion ~ 5 • i N. Unauthorized use-Penalt . The placing of any set- -- net gear, po es, nes or other equipment used for commercial fishinq upon City-owned tidelands withou~ a valid set-not permit issued pursuant to this ordinance ~ is unlawful and thQ violator may be subject to a civil penalty of $].OOOpez c1ay. in additfon, the City may seek injunctive relie£ from the 3uperior Court to ~ discontinue such unlawful use. ~ O. Access to Set-net Sites. Set-net permittees shall ~ ~ ~ use access roa s to set-net sites as indicated in the ° ~ set-net permit qranted. ~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd -'; day of Januay, 1978. i ~, t ~i ;;., ` VZNCENZ' O`FtEILLY, MAYOR j i ~.•~ ~ . ,~ ~ ~ - ~ Attest s , -,-r~ i~ Sue C. Peter, C ty C er -- f~- ~ ' " First Reading: December 20, 1978 _ ~ w~ Second Reading: January 3, 1979 ~; . ~ i Ef£ective Dates February 3, 1979 ~ ~~ . ~ , ~ - s' /` - _ . _ ,.,~ , ~anuary k, 1~7y nenai ~ity ~;ounail itienai, Ala~ka year 51ra ~Phis letter is in regard to what 1 hcpo ~s ~u~t a rumor conaerning the leases that the cl.ty intenas to sEll tu fishermen fishfng within tne city bounsiarfe~. 1 cosisider it grossly un~ust to auction another w~ns busines3. These men have either helped build or hav~ nou~,rht into trieir business ~just as ariy other small busine,asrcan }~as. Has it occured to you what it woulc~ be like to bid ~or oL.: orrn 3obs every tive years. 1F the city pursues this co~-rse oP aation it woulct be a~ fiagrant abuee of poower as A~ndrus•s use of the Antiqultiea Act or Carter disavowiis~; our treaty with `riawan. I should ho~e 1~hat on the city level we could at least give ~m atablerwithhother wsde~reloped city lanflslea$ss at a rate ~ "~ Sincerely • ,• ~ ~ ,., ~',, , y_ ~ ~ ~,..,_.. .. . Erik Barnes ; ,~ ~~ ~ ?' s- -• ~ ~~ P'~ I ~ ; , ~ . ... ... - . , A _ ~ + ! • /c~'~-~,.~'. ~1 ,.. , ~, .~' ~ ~ ',• !• ~.. ~~. ~ ,, - ~ .; -, . , , / ~ «.. . .,, ~ . , , , I . ~ ~% , ~:,~i 1 u '~!~ ~Y~•~..~) ~-~X-•~_~-c. ~~-7J ~ 4 `-~,~' ' `~ ~ ;'' ,, ~. ~ ~ y d ,C/~'.-L. c~'c. iy;..r' J ~,C. •~ c ~.... 7`_/. `' j c.c' , LK ~ c_ S. t_ ~.. ~~~ ,~<.-~ ~- ~--~ ~--E' .~'" LC..~i. ~L~i.- 1y~..r G. c.'•-G-~~-`~. l~~~~7 !~- . '~•~aL-i.~eC.~['~~ , -~~--j e'_ t~_ ~~ ~ ~~l ~/4 ,/~ 1~r~G-~-~ G~C.~e~x-k ~.1." "I ~ ~--•~ ~=-t a~.r-~ . / ~~ .~-~_~.Q . , /, ~ ~'[7/'J~ ~j ~- G'{ ~ie„~C.• ~.~'~Z t i~ . 41--(:. L• 6~(r 1, C•~J / G''7't.,,. ~..,~~tr:( ~ c~-l~c,.Cf~:C'..~~ ; -L. Y.~_ ~' ~~ .-C: G~..~ ~~..<•:~: . / t 't c.~-~~-~'.+,~.-. .-~~f t-~-'i~ ~,-. - c~ ~-ra...-..~. ~~~r ~ ~ j ,+ ,. , 0 ~ ~~ ~t ~ •+~ ~~.~.=. .~~ . G ':.~, -~..,_ ~ ~.~ i ~ ~ ~ ' cX.. ..~c.~G~-~z~~~'d--=-~l:~=A...w.~ ~~~~-~ ~s~ ~- 7~~ . ,~. .~~ ~~r ..~~,~ ,~ ~~-e~ ~ .~~ // ~ `~ ~(~~ G~~ ~-,/~ ,~ -v~l ~.-{i~~-c ~ ~ ~A - V '~/-{~ ~ .,iS~-~6c..~~ ..C~ Li~ ~ ~i~. .~c.~l~..F ~~~ J ~~ ~ / .~- ~~~ ,G~ ~Q ~ ~1Z-Ci-~%j' r ,~t..e ~~ " ' ~~' ~~ .~~G:~~' r ~-~i' ~~ ' /Z"~~ ~/ , •~~ r OLi'" ~ ~G~'~~ ~/'~ ~s-.-cs..R ~Q-.k.~.-cc~L~r ~ 1-~'t~ i ' ~ ; ~ : ~ ~ I ~ ; f ~ ~ ~ i fi 4 ~ 1 , y T , ~ ~ t ••~y..-.. . c: M~1r --=---'m r '' ~ • ~ "\ ~ ( , ~ , .i , ~ ' Y ~~ ~ /' . ~ ,. ~•' , i / . . ~i1 / ~~~~•.1. ~ ~.I ~,~/~ -I ~ ~4I_"•~\ /~...f ~i~ ~~-,w".,- ~~ . ~ i ,Y / ' . J ~ / ~ ~, f.-C-t tJ ~,`.. ~:-j.V ~.~ GvC+~t'...~i ) {~~=-Q~~% ~C.~~-~.'~ll.~~ .~~-° ~ ~ . , ( I / 1:....~ ~L~_ / ' ~ % `~ ' u ~v.-t ~ .'}.S'--~••...~_.~ .~~ ~ ~ ~J ~` l ~-~.-rj " • . ' ~.. ~j' • "' G~ . 4~~_,~--~. ~,(... t , .. . ~.-,1...~:~ C..{e•1 ' ~// ,,,c~t r~'~=~" ~. ~.,{j ~Y~/- // ~' ~ " ' `d7 ~ W~j ~ ~r~, ~~~~G.~~ "'~~~'1 ' ~ ~~ ] ~-l~f -~ ~ ~,f ~ ~.~, ~'J2G•t•• . -1 r ~r/ w/l,. `-j~~ /'~ ~•~ !~ /L-~=~-a...:ir~C .G+--~-~,~ ~ ~ ~ ~ 1.~lL{ /v ~ W ~.f i . u . . ~ ~/ ~ / 1 ~ ~ (~/i ! i l,~'• • ~ '. / /~' ,t'. (~ /K~t ~ ~ L` C ~~ ~ . ~;~.~ ~-z ~~ f'~.. ~~~~ 4 L tr ~ . ~ i ~ .y~ ~,,'~, _. / ~ ~µ " ' -c... {.~i..~G~L L-i..4,,.~ ' i C~r~~/`~`~''`~~/' , .C ~'~" ~ ~ - r ~:. tZ ' / /~~ {/~ // ( •.~ /T.~v Yv' ~4L Cp'h. ,.~' 'LLi. ..r' L~.-f-.' i-~ d.~sa c 2 ••'~""'' ~ 1 •~r L /~ ~f',~ ~r ; . .. ~'~./lil/.~ / ~s~ia.~~-Ci.iC ~ C.._.•v '•i • t ~~ ~ , { ~ .I ~~' L~~„~S(~i..~~ / / ~ ,.t~~ f~. ~~.~~.~~~z~ r a . ; i ' :) ~ ~4 ;° , ~.,~ ;~!„r, i , 1 . - ~I'' ~ i ,'' , -- =- f ~ . 1 ,. -; ~~ ~ ( ~ f 1 - i . ~ , ~ , , i ~ , , I • ~ ~ i 1 : /" ,,.1 CITY Or KENAZ ORLIi3AivCE i3O. 456-78 AN ORDINANCE OF THE COUNCIL OI' THE CITY OF KENAI, ALA3KA DECLARING CERTAIN LAND3 FORECLOSED BY THE KENAI PENIN3ULA BOROUGH AND DEEDED TO Z'HE CITY OF KENAI AS DEDICATED FOR PUBLIC USE AND/OR SURPLUS TO THE NEEDS OF THE CITY AND AMENDING ORDINANCE #312-78 TO PROVIDE FOR WRITTEN NOTICE TO FORMER OWNERS OF SAID PARCELS PURSUANT TO STATE STATUTE. WHEREAS, on May 31, 1978 certain lands, foreclosed by the Kenai Peninsula Borough, were deeded to the City of Kenai, and WHEREAB, these lands have been reviewed by the Cfty of Kenai Advisory Planninq and Zoning Commission in accordance with the City Code, and tRHEREAB, the Commission's recommendation as to retentiori for public use ar,ci/or disposition og certain land is in orfler, an8 , WHEREAS, A.3. 29.53.370 and A.S. 29.53.375 provic~e for the aotice of this ordinaace to previoua owners of said property _. by Certified Mail, and WHEREAS, such new state statutory sections should be added to OrBinance ~456-78 prov'idinq for the sale og foreclosed ~ land. NOW, THEREFORE, BE ZT ORDAZNED BY THE COUNCIL OP THE CZTY OF KENAI AS FOLLOWSs ' ~~~, $6Ct~.Ori 1 i . That the followinq parcels, as described below, alonq ~ with the name and ad8ress of their former owner shall I be retained for public purposes for park and recreation ~~ , : ~ I site9: ~j ~ L;,' Par~ Leqal De~aription Former Owner '; ~ 039-03S-O100 Black Gold Estate, West Pacific Land Dev. Corp. IA` ~ Block S 313 E St., Suite 1, Anch.Ak. '% ;'~I 043-050-1700 Sec. 31, T6N, R11W,3.M. North Kenai Home -~'- Lots 40, 41, 42 Owners Assoc. Zac. __,~„ ~i General Del. ,, _ Kenai, Ak. 99611 ~ ~ /~ r I :I • I Ord. 456-78, page 2 ~ Parcel # Legal Description Former Owner o~;-oaa-a~ac o.~.~. ::::.. i:on~~ r.~,~;o:~a c~c Lot 2, Block 12 9419 Wamble Oakdale, Ca. 95361 Section 2s , That the following parcels, as described below, a2ong with thei r former owners shall be retained by the City for publi c purposes for a future site for a fire station: 039-054-0900 C.F. Ahls~rom 3ub. James E. Ewart Lot 9, Blk. 11 Box 487 Fairbanks, Ak. 99707 039-054-1000 C.F. Ahlstrom Sub. James E. Ewart ~ Lot 10, Bik. 11 Fairbanks, Ak. 99707 039-054-1100 C.F. Ahlstrom 3ub. James E. Ewart Lot 11, Blk. 11 Box 487 Fairbanks, Ak. 99707 Section 3: That the follawing parcels are declared to be surplus -' to the needs of the City and are not needed for public purposes and therefore shail be sold in accordance with Or8lnance 312-76 as amended hereins 039-054-1200 C.F. Ahlstrom 3ub. ~ames E. Ewart Lot 12, Blk. 11 Box 487 Fairbanks, Ak. 99707 039-054-1300 C.F. Ahlstrom Sub. James E. Ewart Lot 13, Blk. 11 Box 487 Fairbanks, Ak. 99707 039-054-1400 C.F. Ahlstrom 3ub. James E. Ewart Lot 14, Blk. 11 Bnx 487 Fairbanks, Ak. 99707 039-081-2300 C.F. Ahlstrom Sub. James E. Ewart Lot 36, Blk. 13 Box 487 Fairbanks, Ak. 99707 039-062-1600 C.F. Ahlstrom Sub. west Pacific Land Lot 16, Blk. 9 Dev. Corp. 313 E St., Suite 1 ~ Anchorage, Ak. 99501 ~+ - /' 6'1 Ord. 456-78, page 3 Section 4: Ordinance 312-76 is hereby amended to add the following provisions. Add a new section 9 to said ordinance to read: (a) The City Council shall determine by ordinance wh~ather foreclosed property deeded to the City by virtue of A.S. 29.53.360 shall be retained by the City for a public purpose. The ordinance shall cor-tain the legal descriptfon of the flroperty, the address or a general description of the properties sufficient to provide the public with notice of its location, and the name of the I.ast record owner of the property as his name appears on the assessment ro1Ls of the City. (b) Tax-foreclosed properties conveyed to the City by tax foreclosuze and not required for a public purpose may be sold. Before the sale of tax-foreclosed property held for a public purpose, the assembly or Council, by ordinance, shall determine that a public need does not exist. The ordinance shall contain the information required in (a) of this section. (c) The Clerk shall send a copy of the published notice of hearing of an ordinance to consider a determination required by (a) or (b) of this seciton by Certified Mail to the former record owner of the parcel of ps~operty which is the subject of the ordinance. The notice shall be mafled within five days of its first publication and shall be sufficient if mailed to the property owner at last address of record. (d) The provisions of (c) of this section do not apply with respect to property which has been held by the City for a period of more than ten years after the close of the redemption period. A new section 10 shall be added as follows: ; ~~ Repurchase by record owner ' ~ (a) The record otioner at the time of tax foreclosure of ~ property aaquired by the City, or his assignees, may, , 'j ____ at any time before the sale or contract of sale of the '' tax-foreclosed property by the . City repurchase ~ r the property. The City shall sel.l the ~~ ~ property for the fu21 amount applicable to the praperty ~ uader the judqment and decree with interest at the rate --~ ~ ~ ," i ;~ f ,, ~i F' ~~ ~. ~ /~ ,,~ ~ ~ ~ Ord. 456-78, page 4 i.. ~ r i GF a~"e u ~ui ilviTi 1:iits ~uL@ uj Cr3~L Uf Y y judyment of foreclosure to the date of repurchase, delinquent taxes aesessed and leviQd as thouqh it had continued in private ownership, and costs of foreclosure and sale, including, but not limited to, costs of publication of aotice and any costs asaociated with the determination of holders of mortgaqes and other liens of record under A.B. 29.53.350(a). (b) A£ter adoption of an ordinance providing for the retentfon of a parcel of tax-foreclosed property by the City for a public purpose, the right of the former i record owner to repurchase the property ceases. i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day og Jaauary, 19'!1. VSNCENT O'REILLY, MAYOR ATTESTs ~ Stse C. Peter, C ty C erk ~'irst Reading: December 20, 1978 3econd Readings January 3, 1979 Third Readinqs January I7,. 1979 Effective Dates F~ebruary 17, 1979 /' CITY OF KENAI ORDINANCE NO. 457-78 AN ORDINANCE OF TH~ COUNCIL OF THE CITY OF KENAI, ALASKA LEVYING ASSESSMENT AGAINST BENEFITED PROPERTY OF TIiE ROAD ASSESSMENT DISTRICT ESTABLISHED BY ORDINANCE NO. 357-77 AND ESTABLISHING R~LATED PROCEDURES. WHEREAS, Ordinance No. 357-77 established an assessment district in conformance to law for th~ paving and installation of appropriate drainage of Redoubt and Willow Street to the Kenai Mall, and WHEREAS, the cost of the project shall exceed the estimated costs of 566,700 of which the maximum of 546,700 is assessable against the benefited properties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL of the City of Kenai, Alaska as follows: Section 1: The amount to be assessed against the benefited properties is $46,700. Section 2: Method of computation and schedule of assessment are as follows: ~ ; .; 't ~ ; ; ~--->- . ~- ~ ~ ~, . Properties benefited shall be assessPd according to square footage served. Each benefited ].ots served square footage shall be computed by multiplication of frontaqe on Redoubt Way to a maximum of 200 feet in depth or to the rear of the 2ot line. Where Redoubt Way terminates at private property, square footage benefited shall be computed by the encompassed square footage measured from the edge of the right-of-way at the point of intersection of private, benefited property for a distance of 200 feet, and to include the loqical extension of Redoubt Way riqht-of-way for 200 feet. ETOLIN SUBDIVISION SQUARE FOOTAGE ASSESSMENT ~ Loti S O43-270-0500 39,i53 $ 7,871.53 ~ Lot 6 043-270-0600 44,132 8,872.53 ALYESKA SUSDZVISION SQUARE FOOTAGE ASSESSMENT Lot 1 043-200-1200 22,510 $ 4,525.53 i Lot 2 043-200-1100 19,470 3,924.35 ,~ Lot 3 043-200-1000 23,910 4,806.99 Lot 4 043-200-1900 50,228 I0,098.10 Lot 4A ~ TOTALS 043-200-1800 32 883 232 286 6,610.97 4 , $ 6,700.00 .. ~.. . r~ /~ ~Y•,,.~.~,..~: _.~ ~ .-, . - . - r,. , . Ordinancc #457-78, Pag~ 2 Section 3: That paymentrs of the assessments levied by this Ordinancc shall be made as follows: A. If made in cash, a lump sum shall be ~iue on or before the lst day of April, 1979. B. If paid in installments, payments may be pai.d over a periad of ten (10) years in ten (10) equal annual installments including interest at the rate of eight (8) percent per annum. Said installment payments shall be due commencinq on the ist aay of April, 1980 and on the same day of the same month in each successive year thereafter until discharqed in full. C. Payment, if made in one lump sum, shall be delinquent on the lst day of May, 1979. D. If payments are made in installments, they wfll be delinquent thirty (30) days after the due 8ay of payment of each individual installment. ~ ~ ~ ~ I ~--- `~ -- : r= i „ -- ~ `~ - - . ~ ~I :_ ) ;~ i ,~ ~ ~i ' ~ . i- • ~ ~ :. b I. i I ' I ~ E. The penalty shall be at the rate of ten peresnt (10$) on delinquent payments. F. Interest shall be due and payable on unpaid installments and delinquent payments camputed at the rate of eight percent (8~) simple interest per annum. Section 4s Owners of record of the lots to be assessed as listed with the Borouqh Assessor's Office as of December 7, 1978 shall be notified by Certified Mafl of this assessment ordinance, a copy of which shall be provided. Section 5: A public hearing shall be held on this Ordinance on January 17, 1979 at 7:00 p.m. in the Public Safety Building. 44ritten protest or objection to this Ordinance, assessment roll, must be made before the public hearinq. PASSED BY THE COUNCIL OF THE CZTY OF KENAI, ALASKA this 17th day of January, 197g, VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, C ty Clerk First Iteading: Decanber 20, 1973 second r~ading: January 17, 1979 Effective Date: Febzvc.ry 19, 197~ ~- 1 ~ ~~ -~ ~ /~ . . ..~.,,.,~....~~~.~: -• _ . ......,~ ,- -- ' ~-•~-•- . ... _.._~..... .__~_-- =-•==:_== - - - ,,.-~.. _ _ CITY OF IC~NAI ORDINANCE Nn, qG0-78 AN ORAINANC~ O~ TFi~ COL'A'CIL OP TF1F CITY OF KrNAI INCRI:ASIYG ESTI;1tAT~U R~VIsNi1~S ANA APPROPRIATin*;a i1 TIiFs GF.NFRAL FL'?~n I:~ TH~ A110UNT OF $5,454 FOR PL'~tCHASE OF fiPECIAL RF.SCU~ F:nL'IP"1FhT ~ti'fIEItEAS, the City of Kenai has accepteci donations from the Kenai Polfce Etrployees' Associati~n in the nmount of 54,200 and from the Kenui F.Iks I.ad~e in the amount of $1,253.04, and WHEREAB. these donations were s+~ade for the express purpose of purehasin~ a speciel rescue equipmont item ,"JAN'S OF LIFF," , and K'IJEAEAS, it is deemed by the Council that nurcha.ss of this speeiql equipment is desirable, and ~YHEItEAB , proper accaunting praeticea requfre that all aUpropriations of City moaies be made by ordinance. NOW, TIi~KEFORE, BE IT ORDAINED BY THE COUNCIL OF THE C,ITY 4F KENAT that the following increases in eatimated revenues nnd appropriatione are hereby made far FY 1878-79. tienerai Fund It~erease Estimated Revenues: Misaellasieous donations $5,484 In~rease Appropriations: Pire - Meehinery ~ Equipment 45 , 454 PA33ED BY THE COUNCIL OF THE CITY ~F KENAI this 17th day af January, 1879. ATTEST: ~ $ue C. Peter, City Clerk VIlJCENT 0'REILLY, ~fAYOA PIRi3T R~ADING: January 3. 197fl SECONA ItY.ADING: January 17, 1979 EFFECTIV~ DATB: January 17, 1979 /, ~ _~ __.. . .. .. ~ , ,, V r . ~ ~-. CIZ'Y OI' ICENAI ORDINANCE NO 46L-78 AN ORDINAI3CE O~' fiHE COUNCiL U~ TH~: C1'1'Y C)r` KGN~+I t+i~lEivuli3G THE 1976 KENAI MUNICIPAL AIRPORT REGUI.ATIONS WHEREAS, the Council of the City af Kenai, Alaska, finds that the following additions and deletions to the Airport Regulations are desirable. NOW, THERL;FORE, BE IT ORDAINED by the Council of the City of Kenai, thats The 1976 Kenai Municipal Airport Requlations, as amended, are further amended as follows: ;' I , , , . ;, . ~ ~ i s; ` ~I <~ : ~ ---- '~ ~ ~~ ~ Section ls Section 5.010 is hereby amended to read in its ent rety as follows: 5.010s No person shall park a motor vehicle in an area designed for moving traffic. Vehicles so parked shall be subject to impound. Section 2s Section 5.011, 5.012, 5.01:~, 5.014 and 5.015 • are added as follows: S.Olls No person shall park a motor vehicle on the ramp w thout written permission of the airport manager. Vehicles so parked shall be subject to impound. 5.012s No person shall park a vehicle on Airport Drive, Termin~Loop. The only exception to this is in the areas marked for "Loading Only" and the space marked for "Handicappeti.' The loading only area on the Terminal side of the loop is restricted to prf.vate vehicles. Th~ loading only area on the parkfng lot side of the loop is restricted to public transportation vehicles (e. q. buses and taxis only). Parkinq for loadinq only for both private and public transportation vehicles and parking for the handicapped shall be permitted between the hours of 6s00 a m and 1Os00 p m. Parking for loadinq only is defined as an attended or occupfed motor vehicle. Vehicles in violation of this section shall be subject to impouad. 5.013s Short term parking areas The parking area encompasse~c by Willow Street and the Airport Drive Terminai Loop is designated a short term parking area. Parking is permitted in this area 6:00 a m to 2s00 a m for a period not to exceed eight (8) hours in duration. The only exceptiions to this rule are permitted by the rental car agencies which may park their rental cars on a 24-hour basis ia those areas identified by appropriate siqns. Rental cars improperly parke8, e. g. not in their assigned agency area, and all other cars in this lot between 2:00 a m and 6:00 a m are subjeat to impound. • r *+ ~- /' Jrr.i..I ^ .l~i(.M. ~.• ~~ ___`- _- _ _ - _ . ~ _ _ ~ • • Ordinance Na 4G1-78 January 3, 1979 - plgo 2 5.!)14: ~tpaarveci narki.ng ar~!ar~ sa identi.fieci and marked by appropriato signa, established through leaRe or established through other aocument are reserved ancl not availablo for geaeral public parkinq. Vehicles ao parked may be subjsct to impound by the lease or permit holcier acting fn his own behalf . 5.015s Impound pxocedures: Impound authorization may be issued by the airport manager, his designated agents and the CZty Police. Impounds shall be accomplished by the ATC- approvad impound agency. Section 3s 3ection 5.020 is hereby amended to read in its ent'~retiy as followss 5.020s No person shall park an airczaft fa any arca oa the~part other than that prescribed by the airport saanaqer. " ' i Parking of transfent helicopters and heavy airaraft, I loading and unloading shall bo limited to the area known as the north ramp. Parking for transient ' liqht aircraft shall b~ pri.maxfly the south ramp. ~ Overflow shall use the north ramp (See Appendix 1- Airport sketch snap attached hereto). ' Section 4s Section 5.021 is hereby amende~l to read in its ~~ eatirety as follows: 5.021s Aircraft in violatfon of Section 5.020 may be • impoun'~ce -at the discretion of the airport manager. Impoun8ment may be accomplished by affixing a seal to the .`~ door of the aircraft or the moving of tre zircraft for ~ impoundment purposes. Znconvenience or damage that may r,,~ result frota such taovement will be at the risk of the owner. ~ ! Section 5s Section 5.022 is hereby amended to read in its '~ ent~as foilowss ,~ ,;9 5.02zs An impoundment fee of 5100 plus towage fee at '~_~~~ cost s all be charqed on each aircraft impounded and a `~~ storage fee of S50 per day shall be charged for each day the ~ aircraft remains impounded. ~" ~ %ij : i; _ ~ . ~ `i ~ ~ _~. .- .. ~l ~ ~ :t ~~ . . ~ /~ w..w- - ~li N~ .l~ f.:l..'Tw'. ' " ' _ ,/. - " _ _ ...-H..- ~ ~ . Ordinance Na 461-78 ~~ .1anuAry 3~ 1g73 ~ F'd~jc 3 Section 6s Section 5.023 is hereby amended to read in its en`t r~ ety as follows: 5.023s All impounded aircraft which are not redeem@d within 90 days after impoundment shall be consiaered abandoned and shall be subject to sale at public auction. Notice of any auction shall be published. Publication shail be in a nowspaper of general cfrculation in that area for at leasti once durinq each of three consecutive weeks not more than 30 days nor less than seven days before the time of the auction. PASSED BY THE COUNCIL OF THE CITY OF K~NAI, AI.ASKA, this 17th day of January 1979. VINCENT O'REILLY, MAYOR ATTESTs Sue C Peter, C ty C er FZRST READING January 3, 1979 SECOND READING January 17, 1979 EFFECTIVE DATE February 17, 1979 ~ /' ,r ~: CITY OF KENAY /'`~ ORDINANCE N0. 462-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA' AMENDING TH~ K~NAI CODE BY ESTABLISHING A PROCEDURE FOR CONDUCTING T~LEPHONE POLLS OF THE CITY COUNCIL. WHEREAS, in the day-to-day operations of the City, pressing business sometimes arises which requires an immediate response from the City Council, and WHEREAS, it would expedite the City's business if the City Administratfon could take a telephone poll of the Council on certai.n occasions and under certnin conditiions in order to obtain Council's approval for certain administrative business which may be entered fnto the record a~ the next regular Council meeting. N040, THEREFORE, BE IT ORDAINED BY THE COUIdCIL OF THE CITY OF KENAI AS FOLLOWS: To Chapter 7, Article 5 of the Kenai Codo as amended, dealing with Purchases and Sales, add the followinq: Telephone Polis-Authority, Procedure, Recoxdation ' ~ ~ Section 7-40.1(A) Authoritys The City ManagFr may , obtain author zat on rom Council by telephone poll to (1) . purchase budgeted supplies, materials or services in excess of $500 if the need is critical in his estimation, and (2) execnte qrant applications, accept bids and transfer funds for the budgeted items to accomplish the foregoinq. '~I (B) Procedure: All questions for telephone polls shall be .~ in wrfting and approved by the Manager or his desiqnee for submittal to the City Clerk. These polls will be approved , I by the Finance Director to determine whether the proper appropriation is made by ordinance. The City Clerk may designate which City employees shall conduct the poll. No ,~.;,.'j more than one question shall be conducted per telephone poll ~; except fn cases of extreme emergency where more than one ';• question may be presented and except that the question . concerning transference of funds may be presented along with the main question. Whenever possible, the questions shall j ' elicit a"yes" or "no" response. Zn all cases the designated ;( employees shall make a reasonable attempt to contact all I Council members. A 2/3 majority of all Council members --;~ ; polled shall be required for telephone poll authvri~aticn. ;,~ If the telephone poll fails, the matter shall be considered -' ~j as an agenda ftem at the next regular Council meetinq. . i ~ ~ - _ .».~ ~ .. ~, , _ __ _ _ ____ _ _ ~ /~ +_- ~~ -- --- - -- - - ~.,:-«.~ .~ , ~+ ' . ~, ~ ~,, ~ ~ ~„ ~ , /, Ord. 462-78, page 2 (C) Recordation: At the noxt regular Council meQting, the Cit;~ C].er.k, ~»ring hAr rppnrt- ahall ra~A i.nt~ thP rA~nr.c7 the results o~ the poll indicating the question posed and the vote of each Council member reached. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 7th day of February, 1979. VINCENT O'R~ILLY, MAYOR ATTESTs Sue C. Peter, C ty Clerk FIRST READING: JANUARY 3, 1979 SECOND READING: JANUARY 17, 1979 THIRD READING: FEBRUARY 7, 1979 EFFECTIVE DATE: MARCH 7, 1979 ,t __ ~ -.. _ _ ~R~ ~ _ ~ , I ~ ~ ~ /~ ,__j ~ .t . .:.~:.....:,. CITY OI KENAI ~ D~ ~ --, ORDINANCE NO A63-78 ~ / _---,. ~ \ AN ORDINANCE OF THE NCIL HE CITY OF KENAI, ALASKA INCREASING ESTIMATED EVEN• ND APPROPRIATIONS IN 'I'IiE 19%8/79 GENERAL FUND BY $2,025 FOR THE PURCEiASE OF RADAR EQUIPMENT. ~ WHEREA3, the Sta~e of Alaska, Department of Public Safety has offered, and the City of Kenai has accopted, a grant of $3,128, or 75 percent of the purchase price, whichever is less, for the purchase of radar equipment for the Police Department, and WHEREAS, the necessary equipment is estimated to cost $2,700, of which 75 percent, or $2,025 will be funded by the grant, and WHEREAS, proper accounting practices requi.re that all appropriations of City monies be made by ordinance, NOW, THEREFORE, SE IT ORDAINED BY THE COUNCIL OE' THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the 1978/79 General Fund Budqet be mades Increase Estimated Revenues: State Grants~- Highway Safety $2,025 Increase Appropriations: Police - Machinery and Equipment $2,025 PASSED BY THE COUNCIL OF THE CITY OF KENAZ, ALASKA thi8 17th day of January 1979. VINCENT 0 REILLY, MAYOR ~~ ~ ~ '_ h'~ ~. ~ ~. ATTESTs Sue C Peter, C ty Clerk Finance : '~ ~' FIRST READING January 3, 1979 SECOND READING January 17, 1979 EFFECTIVE DATE February 17, 1979 ~w .._.,_:, .., /~ a , ~ ~ KBNAI I'IiNINSULA 11UltUUG[1 AGL~NllA I~OR BOIs ANU 1tIiGUI,AR ASSIs~}~;Ly bitil'sTINC JANUARY 1G~ 197~; 7:30 1'.M. P~ BOROUCII ADh1INIS'f12A'fION I3UII.UING F' O }30X 8 . . 50 SOLUO'CNA, ALA5KA 99GG1 • - A G E N D A- • BOARI) OF ~QUAI.IZATION A. CAI.L TO ORllL'It AND ROLI. CAI.L AF BOARD B, ftRARING ON 1978 ARBITJ2~IRY Y~RSONAL YROPERTY ASSL'S SMENT C. D~CISION OF BOARU AND AUJOUltNM~NT ~ ~ ~ ~ ~ Asscmbly Yote " A. CALL TO ORDER AND ROLL CALL OF ASSkM13LY Aimrniek g B. PLL~DGE OP ALLECIANC~ AND/OR OPENING C}sREhfONY . nouglas Els 9 on 10.6G C. SBATING OF NEW ASS~MBLYMEMHERS none ~ ) Fischer ffill g . e 10.67 D. AGENDA APPROVAL Long g bfartin g H. MINUTES: January 2, 1979 Moses il McCloud q,s ' P. ORDINANCE Ii~ARINGS Ambarian 10.67 Arness g ~ (a) Ord. 78-72 "Transferring All Itight, Title ~ a~3'Ynterest in the Rcal Pr Cooperil r ip~s '~ operty Knutvn As ~~ Old Seward High School, to the State of Cor Crawford g 4 , ~-J Alaska for Use fn tho State's Educational .• System as an Adjunct to the A1'aska Ski21 Davis 9 - , Centcr at Seward" ' ~ '(b) Ord. 78-73 "Amending the Provfsions for t e ~ , ompensatfon of Borough Assemblymembers" . ' i G. INT R(~UCTION OF ORDINANCES . ~ ; (a) Ord. 79-2 "Rezoning•Lots 3, 4, S, 11 and rQ ,~ar~athon Addition to Seward Townsite, ~' ~~ C#t f ~ r_` -` i ~ / y o Seward, from Public (P) and Sing2c ~~ Family Residentf3l (R2) to hfulti-ramily ` . G ~ ~ _,ry1 Residential (R3) ~~ a,. . ' ~• /,, (b) Ord. 79-3 "An Ordinance Creating a Land ~ ( {~ rust u d , i; ,~ ; y . i n to Account £or All Roceipts and (/ Exponditures Aelatod to Thes e F u n d s" } _:~~ ~ t(/, (c) Ord. ~79-4 "providing Procedures for thc ~~~/ ~ , e of Zoning Ordinances" ;.~ ' ~ r~, (d) Ord. 79-5 "Amending the Process for Appealing -1! on I / ng ecisions fn the Diunicipai Aistricts" ' ~ I~ -_'. ; ' ~ ~ H. PUBLIC YRESENTATIONS (with prior notico) re Antfqui . tfes Act: . ~ ~~ ~ ~ k . --r - . b Mr. iarry Gaines • `.~ i ~ !~ (c Mr. Chuck Crapuchattes (d~ Mrs. Karen McGahan -- ~ e Gary Cramcs' ~ ~ ~ ~ ~ i ~ • j i f Jin Bass . ' . ' , ~ ~' . , .. I I ~~ ~ __ - , - ._._.._ ~ ~~ ~ ~ 1, '- ., ~ ~ • ~ I ~ '; . ~ ~ ~'. ~ ,~ i~ ~. l~ .~• ..itlr.i~:',~~~r. r;i.f~i' r ~~asn 2 I. COMAtITTIiI: I21iPOR1'S - (a) School Bourd ((:unq~boll) (b Cnok Inlot Air Itasourcos (f)uvis/I.o~i~) (c~ Olilll' (Fischer/Mosos) (d) Pi~innca (llillc/c:oor~r/~rnt,~ford; ~!cC:ou:I; Corr/Uou~lns) (o) Solid Wusto (I~ischer/Murtin/Cooper) (f) Roads and Trnils (I,ong/blai•tin/Corr) (g) Ports and !(arbors (Arness/Cumpbell/Amharian) (h) I.ocal Affairs (Cttmpbell/Ilmburiun/llimmick/ Arncss) (i) Legislativo Ovorviow (Laig/Dimmick) J. MAYOR'S RL'PORT (a) Financial Roport for Decomber K. SCIi00L CONS1'RUCTION R~PORT . (a) Purniture and Gquipment J.ist for Storling, Redoubt and Tustumena ~lemantary Schools, Soward and Homer Iligh Schools (b) Monthly Status Roport on Construction Projects L. OTHBR BUSINESS (a) Res. 79-1 (TABLEA) "Importuning tho Ilth as A tate Legislature to Appoint a Spocial La~islativo CommitYoe to Implomont Lhe Classification of Lands Undor the Alaska Nativcs Claims Settlement Act~ Soction 14 D-2, and to Persuade the United States Congress to Rescind the Exocutivo Order ~ of the Presfdont Invoking tho Antfquities Act of 1908" (b) Res. 79-1 Substitute N2 "Opposing tho Ifse o t e nt qu t os ct of 1906 to Effect Land Withdrawals by Presfdc~iLial Executive Order and Urging the Governor and Legisla- turo of thu State of Alaska to Take Imme- diate Action Challenging Lanc~ Withdrawals blade Pursuant to the Antiquities Act" (c) Res. 7s-2 "Importuning the llth Alaska eg~s3at'uro to Adopt Appropriate Logis- 2ation to Re-establish the Sovereignty of thcs State of Alaska and Itegain 1'otal Control of All Alaska Lands, Guaranteed nder the United States Constitution" (d•) s. 79-3 "Urging the Governor of the t~to o Alaska to Name Mrs. Donnis Thompsan to the Board of Rag@nts of the University of Alaska" (e) Rces• 79-4 "Petitioning the 96th Congress 0 o nited Statas and thc llth Alaska Legisiaturo to Proposo the "Liberty Amendment" to the U. S. Constitution to Prohibit the Govornment of the Unitcd Statos from Engaging in Business, Profes- sionai~ Commcrcfal, Financfal or Tndus- trial Enterprise, and to Repoal Fodoral Taxes on Porsonal Incomes, F:states, and Gifts" ~ ' I i ' ; • ' . .' /` . ., - f" .a~ _F"_1~r.~:~ /,.i.. ~ . '~ _ ' _ " _ ~ ' Pugo 3 . ~ ' (f) ltas. 79-5."Approvin~ the Awurd of o Co~itract -. to , .'I'horpo und Ass~ciutos for tl~c ~ Devalopment of tho City of Kenui Compre- honsivv l~lun" (ia) Raa• i9-ci "Eioqucsting the Mnyor to Solicit roposa s for n Study Assossing thc Piro Protoction Noeds of tho Arcas of. tho Borough" (h) Ros. 79-7 "Providing for a Special Plebi- c te oction at Which the Votcrs of thc Borough Mny Adviso the Logislaturu ns to • Land Withdrnwals Made Pursuaut to the Antiquitios Act of 1906" . ~i~~ Res: 79-8 "Providin~ For the Flying of All mer can Flu~s Locatad on Borou~h Prop~rty in an invcsrtcd Position as'thc Symbol of tho Statc's Distross Resulting From Land _. Withdrawals mado Pursuant to the Antiquities Act of 1906" ~ Res. 79-9 "Expressing Grief und Offvring on~o~cos to the Pamily of Dorothy Fislor" (k) Ros. 79-10 "RequQSti:.~ tho llth Alaska tate og slature to Increase Budget Fund- fng for the Kenai Peninsula Community College and to Provido Adequate Rcsources" , (1) Tax Adjustmont Requcsts ` J M. MAYOR A1JD ASSEMBLY: COMMENI'S ANll DISCUSSION . .(a) Appointment of Prosident Pro Tem N. PUBLIC PRESBNTATIONS 0. INFORMATIONAI, blATEItIAL5 AND R~PORTS ~ , ~'~" ;~, (a) Minutes School Board~ 12/4; News in Brie£, 1/1/79 ~ ~ Finance Report, 12/31/78 Agenda, 1/15/79 ~~ ~~ Bear Creek Pire S.A., 11115 ldo. Poninsula Rec., 12/26 ~ ' ,' (b) Liquor licenso renowals: ~,. ~. . . Cek- In-~rk ' '` • Anchor River Inn • ~~ Four Royle Parkers ,; f . ~ ``'' Hap y Valley Bar and Cafe ~ ; i ~' Lig thouse Inn ". `^• , Que'Ana Bar Seaview Bar Vagabond Inn and Liquor /r ~ Hone Li~uorgStoretsmon's Service ----r Moose Pass Inn '` 1; Pioneer Liquor Store -" - ~ Amorican Legion Cl'ub ~15 ~ (c) Recomaiendations for State Lands . • , (d) CoASwnor Price Index P. NEXT biEETING: Febr.us.ry 6, 1979, 7 r30 p.m. ,. . r~ _ .. ~:_ _ ._ .... _ _ _ ~~ ~f . ~~ . ~~.. 4 ~~ t, ~ . ~ ~& ; . . . ; ~ i j ` . ~ _~-~~__-~_i~ =.~ ~ ~ 1 /~ , r,~~--~~. -....,. „~,.-~~- •,c ' ~ ; • , CITY OF KENAI ORAINANCE N0. 466-79 •' p~t ORDInIAHC~' OF TIIE COLt"ICZL ^I' T::~ CITY OF KE*lAI, 1tLR~Y.R, INCREASING ~STIMI~TED REV~NUES AND APPROPRIATIONS BY $39,500 IN THE CAPITAL PROJECT FUND ENTITL~D "KENAI SEWERAGE PROJ~CT NO. C-020077010," THE FACILITIES PLAN. WHEREAS, the U.S. Environmental Protection Agency has awarded $9,000.00 (75~) to fund additional facilitfes planninq ' costs, and $20,625 (75~) to fund a septage disposal study encompassing the Central Peninsula area, and WHEREAS, the State of Alaska, Department of Environmental Conservation has awarded $1,500.00 (12.5$) and $3,437.50 (12.5$), respectively, to fund these same projects, and WHEREAS, local contributions for these projects shall be (1) . City of Kenai Water and Sewer bond monies for the additional facilities planning costs, and (2) the Kenai Peninsula Borough for the septage dir~posal study, and WHEREAS, the Kenai Peninsula Borough has agreed to fund 12.58 of the septage disposal study (proposed at $27,500), or $3,437.50, whichever is the lesser, and ~ WHEREAS, proper accounting practices require that all '"~ appzopriati.ons of City monies be made by ordinance. _~ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCII, OF THE CITY OF KENAI, ALASKA, *hat the followinq increases in estimated revenues and appropriations in the Capital Project Fund entitled "Kenai Sewerage Project No. C-020077010"s Increase Estimated Revenues U.S. Environmental Pr~tection Aqency $29,625 State of Alaska-Department of Environmental Conservation 4,938 Kenai Peninsula Borough 3,437 1974 Refunded Bond Issue 1 500 39 500 Increase Appropriations Engineering-Basic Fees Engineering-Other $12,000 27 500 39 500 ,~ \ ~ r ` ~~ ~ ~ U ~,,l./" ~ ~ . ~~ •• /' . ' .- ~:~.:.~T,: i'.r.. n.iar P~r~ ~ . ~ .. . . _ .~ . . ~:r.~....-. _ i • . -.u~7...a. r • ~l . 'r/ __ '_ _ ' _ " - ~.~~ ~ Ord. 466-79, page 2 ~ ~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th ~ day of February, 1979. '. ~I VINCENT O'REILLY, MAYOR ~I ATTESTs Y. a~ Sue C. Peter, City Clerk Approved by Finance:e~_ First Readings January 17, 1979 -~.~ Second Reading: February 7, 1979 . Effective Date: February 7, 1979 ~~ f~~ : i ... r~ CITY OF KENAI ,^~ ~ ORDINANCE NO. 46'1-7g AN ORDINANCE OF THF ~nL~r;C~y aj. ~~1~ L1TY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $3,315 IN THE CAPITAL IMPROVEMENT SPECIAI, REVENUE~EUND~~AND AUTHOR- IZING THE PAYMENT OF TAXES AUE ON FORECLOSED~LANDS DEAICATED FOR PU$LIC PURPOS~S. WHEREAS, the City of Kenai has been deeded certain lands which were foreclosed by the Kenai Peninsula Borough, and WHE1tEAS, several o£ ~hese parcels have been dedicated for public purposes by Ordinance No. 456-78, and WHEREAS, the City of Kenai must pay the taxes owed on these parcels in order to gain proper tit].e, and WIiEREAS, theze are sufficient monies avaiZable in the Capital Improvement Special Revenue Fund from lands, and these monies have been dedicated$forgcapital~closed improvements by Ordinance 341-77, and WHEREAS, it is deemed that expenditures which will contribute to the acquisition of lands are properly classified as capi~al improvements, and WHEREAS, proper accounting practices require that al2 appropriations of City monies be made by Ordinance. NOW, THEItEFORE, be it ordained by the Council of the City of Kenai, Alaska as follows; Section 1 Estimated revenues and appropriation~ in the Capital Improvement Special Revenue Fund be increased as follows : Increase Estima~ed Revenues Appropriation of Fund Balance $3,315 Increase Appro riations Miscellaneous Expense 53,32S Sec-- ti°tt.? That taxes owed on the following parcels be paid to the Kenai Penf.nsula Borough: ~ i - ~ :f i ~ ,. . ~ !` . ~._. .- ~. ~._.,,. f:. :,,,.. . ` Ord. 467-79, page 2 LEriICi+TIOiS I`AP.C~L # AM~?t1NT Parks & Recreation 039-035-0100 $ 541.08 Parks & Recreation 043-050-1700 1,287.25 Parks & Recreation 047-084-0200 43.60 Fire Station 039-054-0900 499.39 Fire ~tation 039-054-1000 471.64 Fire Station 039-054-1100 471.64 3,314.60 PASSED BY THE COUNCIL OF TFiE CITY OF KENAI, AI,ASKA this 7th day of February, 1979. VINCENT O'REILLY, MAYOR ATTEST: _ Sue C. Peter, C ty Clerk ~ ; Approved by Finance : ~'~iff' First Reading: 3anuary 17, 1979 Second Rea~ing: February 7, I979 ~ Effective Date: February 7, 7.979 i" " ~ i ....___ __ ~.: _ :, ~ ~ ~ A ; _ n ~ ~ ~ .. ~_ . ,- I r: ~.~. 'r:.. , ': i ~ ~'~ ~~ ;~ Y ~ ~ _ : _-_~ ~ _ _ ,' ; ~ - 1~ !~ ~ . ~/ ~ CITY OF KENAI ORDINANCE NO. 468-79 AN ORDINANCE Of' THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $522 IN THE 1978/79 GENERAL FUND BUDGET. WHEREAS, the City of Kenai has received $522 in Library Donations, and WIiEREAS, the original estimate of Library Donations was $400, and WHEREAS, the Council wishes ta appropriate this excess revenue of $122, and WHEREAS, in addition to donations, some $1,200 of refunded Library Deposits have been unclaimed by the depositors and taken into revenue, and the librarian has asked that $400 of these revenues be made available for the purchase of books, atad WHEREAS, proper accounting practices require tha~ 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 in the 1978/79 General Fund be made: Increase Estimated Revenues Library Donations $522 Increase Appropriations Library - Books & Other Library Material $522 PASSEII BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this ~~h day of February, 1979. VINCENT 0'RE~ILLY, MAYOR ATTEST: Sue C. Peter, City Clerk Approved by Finance: r~ First Reading: January 17, 1979 Second Readi.nq: February 7, 1979 Effective Date: February 7, 19~9 ~....+ _ ~ /~ ~-~~,.r..~.~. n~..isa:. .. , . . .o.. CITY OF KENAI ORDINANCE N0. 469-79 AN ORDINANCE OF TH~ COUNCIL OF TH~ CZTY OF KENAI, ALASKA ESTABLISFIING A CAPITAI, PROJECT FIIND ENTITL~D "AIRPORT WAY SEWER LINE," ANA INCREASING ESTIMATED REVENUES AND APPRO- PRIATIONS IN THAT FUND BY $2$7,000. WHEREAS, the State of Alaska, Department of Environmental Conservation has offered a grant in the amount of $143,500 (50$) for the construction of a~ecoer line along Airport Way, and WHEREAS, the engineering on this project is being accom- plished with Coastal Energy Impact Program funds previously appropriated in the Water & Sewer Special Revenue Fund, in the amount of $13,000, and WHEREAS, the properties immediately benefiting from thi~ project will be the lands operated within the City's Airport Land System, and WHEREAS, it is the Council's desire that the portion of local matching funds derived from bond monies be eventually • borne by the Airport Land System, and - WHEREAS, proper accounting practices require that all appropriations of City monfes be made by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI as followss Sectfon 1 ~~ A Capftal Project Fund entitled "Airport Way Sewer Line" be established. Section 2 The following increases in estimated revenues and appropriations be made: Afroort Land System Increase Estfmated Revenues: Appropriation of F'und Balance $50,000 Increase Appropriations: T~cdnsfer to Capital Projects $50,000 ~ +. .>s .~ ~,,~ _.. . ~r :: ~. ~~ Ord. 469~79, page 2 Capital Prajects-Airport Way Sewer Line Increase Estimated Revenues: Transfer from Airport Land • System $50,000 1974 itefunded Bond Issue 93,500 State of Alaska Grant 143,500 287,000 IncrQase Approprfations: Administration $ 1,000 Inspection 18,000 Construction 245,000 Contingency 23,000 287 400 NOTEs Engineering appropriations in the amount of $13,000 for this project have been separately funded by the Coastal Energy Impact Proposal. Therefore, the overall project f.s estima~ed at $300,000. Sect~ The amount of City bond funds used in this project (estimated at $93,500) are to be paid by the Airport Land System from future revenues of the Airport Land 3ystem, as these revenues bec:;me available. The payment is to be accomplished by appropriations of revenues in the Land System to transfer monies to the Debt Service Funds for retirement of water and sewer bonds. These appropriations shall be in amounts as speci~ied by the Councfl on an annual or other basis. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7~h day of February, 1979. VINCENT 0'REILLY, MAYOR ATTESTs Sue C. Peter, C ty Clerk Approved by Fi.nance s C~_ Fizst Readinq: January I7, 1979 Second Reading: February 7, I979 ; Effective Date: February 7, 1979 r-^ .. ~ ~; . ~ :~, ~ ~ ~ ~ ~~ ~ ~ ~~ ~ ~ -. i' . ~ CITY OF KENAI ' FESOLUTION NO. 79-1 F A RESOLUTION OF THE C.TTY ` A~'AG~`~ ~~1AtsLISHING AN INTERrM~~ ~~ THE v pRECEED EACH AGENDA-WpRK SEgSIONNTO~ v REGULAR PUBLIC MEETING. WHEREAS. Regular Public °ver long due to discussiontings °t the Cit among the Counci1c~uncil ar~ naw ~E~AS ~ ~he Council ha$ . and material to insure that Sno opportuni~ ~ of CoUnci.t~$ in~ent uch are a fair andr~V~~W agenda °n S$me. and before being required ~op~rfeCted reflection formally act ~E~AS, work sessions are fncluding ~he media Aublicized p , and are advisor ~°~n to the public, NOW, THEREFO y ln nature only. KENAI ~' $~ IT RESOLVEp gy . ALASKA that for the mon~hs oFE COUNCII, OF March, 197g th~ Cit ~'anuar THE CITy OF sessions on Monda y Council wi21 conduct ay' February and Public meeting on W~ane$dafn9 the regularlYgschedul d adjourning at ip:30 y CO~encin Such a meetin p'm• a~ the Public Safet30 p,m' and Pxopo$ed Administra~iveVa the p~rpose o£ r Y Building. shall appear on genda and determininewing ~h~ public meeting~ the agenda Eor the regularl g whfQh items Y scheduled • pASSED BY THE COUNCIL OF THE CITy OF KENAI day of JanuarY. 1979. ' `~LASItA this 17th ~ VINCENT O'REILLY ATTESTs ~ M~YOR Sue C. Peter. City Cjerk •r' ,~ ~s' i ~ 1 I ~ ~- : ~ i I _ ~: ~ :.. : ~ '' ,., i~ ~ ~ rn ~~ . i I PA , ! , i 19 ' ~ CITY OF KENAI I2E~OLUTIC:: ;:0. ??--~ IT RESOLVED BY THE COWCII, OF THE CITY OF KENAI, ASKA THAT THE FOLLO~JING TRANSFER OF MONIES BE MADE THE 1978/79 AIRPORT TERf~12NAL FtTND $UDGET: Fxom: ~ Repair & Maintenance Supplies ($ 5) To: Repai.r & Maintenance $~l75 SSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this th day of January, 1979. VINCENT 0 ` REII.LY, MAYOR • ATTEST: ' ~ .. , I ~ ' Sue C. Peter, City Clezk ' ; : Approved by Fina}~q~~ ~ ' .. i ~ e i*~ v ~+i ~ r -+ • .:. /` ~ ~. .....,:. . - CITY OF KENAI RESi~LUTIGiJ i30 . 7 3 - ~ A RESOLUTION OF TFiE COUNCIL OF THE CITY OF KENAI, AI,ASKA AUTHORIZING A LETTER OF INTENT TO CONTINUE THE KENAI SENIOR CITIZENS TITLE III PROGRAM FOR FY 79-80. WHEREAS, the State of Alaska, Department of Health and Sacial Services requizes a letter of intent to continue the Kenai Senior Citi2ens Title III pragram FY 79-80, and WHEREAS, the letter of intent is due no later than Sanuary 15, 1979, however, a telephone extensian has been granted until 3anuary 18, 1979, and WHEREAS, this resolution establishes the maximum level of support to be provided by the City of Kenai to be $9,100, in Kenai, comprised of $7,900 in rent of Fort Kenay and accounting services at $1,204, and WHEREAS, it is anticipated that cash contributions in the amounts of $12,OJ0 and $2,OQ0 shall be provided by the Renai Peninsula Borough and City of Soldotna respectively, and WHEREAS, while the combinations of local match cash and in kind far exceed the required 15$ of the program~ it is understood that due to State/Federal fundi.ng limitations, no more than $37,471 aan be anticipated in a State grant, and WHEREAS, it is understood that the proposed budget for the program shall be reduced if any shor~ fall in cash contributions or in the State grant occurs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City Manager is hereby authorized to submit a letter of intent to the State o~ Alaska, Departsnent of Health & Social Services for the continuation of the Kenai Senior Citizen Program through FY 79-80 and establishing local support at $9,100 of in-kind services. PASSED BY THE COIINCIL OF TFiE CZTY OF KENAI, ALASKA, this 17th day of January, 1979. VINCENT O'REILLY, MAYOR ATTESTs .~ Sue C. Peter C ty Clerk Approved by Finance: r~ w l~ pFtAFT - °Tnyo:~'s C'~mmittc~~ on i„111Cj ~ Det~r The Ciiy of Kenai needs your help on n very bnGia questian. The basic: que5ti~n is ~chether the ~it,y should 1ea5r_ or sell Iand (enll~c~ Airport Land) the City receives under u~reem~nt ~vith the }'edernl A~•iation Administration . The question has been rnised tvhether continucc~ rity ownershin nnd Ieasin~ is hinderin~ the economfc growth of the City. Z'he nars~llel p~int has i~Fen expressed that continued City o~vnership and Ieasing is the best course of action for ihe City to follow . You are being invited to join a group of citizens aelected by nualifications of past civic achievement, special capabilities or representative of point~ of viex . The Committee would be expected to hold five sessions of approximately three hours each. Two sessions should allo~v for public input. The Committee will receive City Administrative and Borough Plannin~* nepartment staff support. You rrill be asked to make available your knowlecige and vie~vpoints of this subjeet but your major contribution will be the exercising of your jud~,*ment power in recommending to Council what the Cor-imittee decides should be future _ poliey . The enclosed "Proposed Course of Action for City Lund Committee" is for review . The Committee can. of course, change, add or delets. The meetings would probablq be held every other Thursday evenin~, starting at ?: 00 p.m . with the Lnitial date February 9th. In closing, I sincer~ly hope for your acceptance. General and Council discussfon stress that the effort of this Committee will be of parar~ount importance to the City's future. The citfzens of Kenai will be gratefui for your contribution. Please contact the City Clerk. Sue Peter, at 283-7538 with your response. Sincerely, Vincent O'Reilly, Aiayor VOR: sp ~ /~ . ~~ ~ ~-ypy~4~. -..^~TTt'^-~'il"T.~ " -_- .1... R~i• i.L'. _ ~ _ . .. _ "_ _ ' ".." . . . _ .. . . . .. .... 1 ~ ~ ' • • • i-_ ^ PROPOSED COURSE OF ACTION FOR , ~ ~I CITY LAND COMMITTEE QUESTION: Should City future policy be to rent or sell Airport land(s) received or to be received, the financial return from such land is designated by patent for the - benefi~ of the airport. I. SCOPE OF SITUATION .~ A. Relationship of City general funds to airport funds 1) Past experience in dollazs 2) Estimate of future needs , . 3) City transfers from one account to another ~ 4) Bond obligations ~ 5) Operating costs B. Location, amount and value of lands involved 1) Certain lands defined by Airport Comprehensive ~ Plan designated as directly related to airport- ~ - aeronautical uses . t+ ' `' 2) Other lands which can be used for eneral F7 g . .~, ~,.,. ~ purposes 'r , ~. ~ a) Commercial, industrial, residential '; . ~ uses _- -` - _--. b) Reserved for governmental use -.,= =~ - ;~°s ~ ~ c) Park, recreation and green strip purposes - '~~- ~' ~~ _ '. ~ ~. ~' C. Historical development of present lands in commercial use ~~ i ~~ ~ ,. ,~~ . `~ . ; ~ r. . ~ /~ . ie~+:.~.~ .,~..,.h ... .n~.~-.~. . i:w~`~ - _.. _ . 1) Amount of land so developed 2) Value and income from such lands D. Known considerations of lessees 1) Favorable 2) Unfavorable E. Form and effect of current City lease F. Past and present relationship with F.A.A. II. COMPARISON OF THEORIES OF RENTAL/OWNERSHIP Rental Ownershi Pros Cons Pros Cons III. RELATE TIiE THEORY TO THE PARTICULAR SITUATION OF THE CITY OF KENAI A. Financial stability and growth of the City general and airport funds using different policies. B. Financial stability and growth of business ccmmunity C. If land values continue to appreciate, is City commercial interests or entire City populat~'on benefiting or being burdened by .~ one policy or the other? -2- ' - - = °;°~ . ~ ~ ' . t'f --~=~ ~~_. -_-_ ..,_..__ -- ._ ~..,.,,,. . ~ /~ D. Possible surplus or shortfalls in revenues that could develop using one policy or the other. IV. FINDINGS OF COMMITTEE A. Define policy to be recommended B. Commit~ee concurrence C. Explanation of recommended policy to Council, public and F.A.A. V. RECOMMENJATION BY COMMITTEE ON IMPLEMENTATION OF POLICY A. Cause ordinance to be drafted B. Timinq of implementation -3- /~ . /"1 I .. .....~ . ~ ~. . . ..._ ,.~. _.. .._ .__ - _ _ e.._._..r_ _.. _ . . _ ~ .. . --- . ...~..~.rzS.__.. , . ASSIGNPiENT OF LEIISE TNIS AGREEtiEYT made and entered into by and bet~veen D R C SIIPPLY CORPORATIO'!, an Alaska corporation, and DENt~IS D. LIPJ~~ELL, EUGEWE C. CFiASE, HAR'OLO R. S~~IT ANO RGBERT E. GERDOP~, JR.. DBA DEHR - A ~31~~T VFNfURE COPiPAUY. hereinafter ~~ c'aljed"OETiR - JV C0."on t~~Te ~"R~~of~u~;tgvl,lh7t~, 3n consideration of the promises made by one to the other agree as follows: THAT WHEREAS, on the 17th. day of May. 1978, the City of Kenai made a lease of the proE,erty describea as Kenai Recording Oistrict State of Alaska Lot 7, Block 1, Second Addition, Etolin Subdivision to 6& C Sunply Corporation, a copy of said lease being attached herein a~ith the same force and effect as if e~ritten out herein, and that it is the desire of B& C Supply Corporation to assign said lease to DEHR - JV C0, and it is the desire of DEHR - JV C0. to accept sai~ assignment as assignee of said lease, now therefore, IN CONSIDERATIOf1 of TE~J DOLLARS (~10.~0) and other valuable consideration, receipt wherof is hereby acknowledged, B& C Supply Corporation, assigns, sets over, transfers and conveys to said DEHR - JV CO., said lease, a copy of which is Exhibit "A" attached hereto and made a par.t hereof, and as a part of said consideration above mentioned, said DENR - JV C0. assumes and agrees to keep and perform all covenants and conditions which said B& C Suppiy Corp- oration, as lessee agreed to keep and perform, said Exhibit "A", satd lease attached hereto. IN WITNESS WHEREOf, the parties hereto have hereunto set their hands the day and the year first hereinabove written. PPLY GORPORATION OEHR - A JOINT VEt~TURE COFiPAPJY ~ , t / ~. . G RDON, PR SIDE IT DEN IS D. L N Ei1+ LL~-L~'- . ~ ' ..-~ E GEN . C ASE ~^"' "' ,~. i . S T ~•( C, 2,~iv'l 0 ERT E. GER 0, JR. ; ~ STATE OF ALASKA ~ ss. 7HIRD JUDICIAL DISTRICT ) Before me, the undersfgned, a t~otarty Public in and for the State of Aldska, on this day personally appeared ROBERT E. GEROON, kno~vn to me to be the President of B& C Supply Corporation and DE.i IS D. LIP~t•JELL, EU6ENE C. CHASE, HAROLO R. SHITH AND ROBERT E. GERDON, JR. , norm to me to be pr nc pa s o DEHR • OI T E T E CO N, w o e ng uly sworn, acknowledged to me that they executed said Lease as their free act and deed in their said capacities for the purposes stated therein. GIIfEN Ut~OER t1Y HANO ANO SEAL OF OFFICE, this oZq~3y of.~~. 1978. ~ `/J ~ ~' OT L C fOR L SKA t~y Commission Expires: 7 -Z~ ~ ~ ~ . 1 ~ i , i ~ I . R ~ ~r ~ . ,,r •~ !` ~ . .,.~,~.,..i., n.~-.~z~ ,. __._._ - - --- --- , • r1 ~ r,.._ . .. j . ~~ ; ,.~, ~ j t' COOPERS 6 I.YBRANO i .. G[RTI/~60 P~YLIC ACCOUNT~NTS TEllPMONE 907•2~4•3603 !~. , ti~ . C~ 430 W. S6VENTN AVENUL ANCMORA6E. ALASKA ~9301 -- December 26, ~p 78 i i ~ ; r.. City of Kenai ~ P.O. Box 580 Kenai, AK 99611 s. ~ ~. Bill # 10123 Acct. 2255-00 ' :., ; • ' ' . i iOR ~RO/LiiIONAL i[RVIC~B: i. Progress billing on examination ~- of financial statements fcr the year ended Jttne 30, 1978. gi pp_ p pp --- o ~~ .'i ~ ~ ' ~ f•.j~ Zf0 '. , `s ~ ~~ >o o. d.:/ .;' - .f~. /r~ ,~ _ ,~ . ... , *=`z i ~ , i ~' i . ~; '. ' . f, ~ __ _-.~_-«- ... . : ~~:'~r' ~ ~ ~' ,. . ' , , t . ; :~~ ~ ~ l • . ~ ~.t: ~ " • i 1 . '.` -; . a ' : , L ~ . N .': ~ ' W 4 , , r ' . -- ~..r. ~ ~ ..."~..~ ,. ~ ~._ ,z. . . . _ ~ _._-- _ .r....~.~.~.~..~ --- - -- - ~. .... .. . . ~ . .: .._ _P _ . .- -- -- - - _ - - - -_ - ;,, ~' ~ ~„ Ted ~orsi and Associates ~r. . ._~N.. ~I 107 West Sixth Avenue, Suite 206 I Attciiurey-~, Aiasl:e 8856i •(807) 2J4•95i7 ~ r ~~'AQ@~tiGG~' '1 Oace Januarv 3. 1979 Project No. 7832 Project Name Kenai 1Vaterlines Biltinp for Period November - Decer.ii~cr City of Kenai P.O. Box 580 Kenai, AK 99611 ~. .~. .~ J Summary of Work Completed I~NNAI SPIJR BE~l~6~t Ti Ooi'•v~• ~r Tom Howell, Civil Engineer 4.0 Hours @~40.00 / $ 160.00 ~ Bruce Robson, Civil Engineer 12.0 Hours C~ 40.00 / 480.00~' Keith Ewers, Engineering Technician 6.0 Hours @ 30.00 / 180.00 ~ Linda Ewers, Draftsman 3.0 Hours @ 25.00~ 75.00 ~ Lynn SVhit.more, Draftsman 4.0 Hours @ 25. 00 / 100. 00 ~ Pam KatZ, Clerical 1.0 Hours @ 14. 00 r 14.00 ~ X~erox 8. 93 $1,017.93 ~ FIF1H AVE~VUE Tom Howell, Civil Fngineer 4.0 Hours @$40.00 ~ $ 160.00 / Bruce Robson, Civil Fngiueer I2.0 Hours @ 40.00 / 480.00 ~ Keith Ewers, Engineering Techni ~-i an 6. S Hours @ 30. 00 195. 00 / Linda Ewen, I?:-aftsman 3.0 Hours @ 25.00 ~ 75.00 J Lynn t+~itmare, ~:aftsman 4.0 Hnurs @ 25.00 / 100.00 ~ Xerox 8.92 -.._.__. _... . ~~- y9~6 y- f~ 9S $1,018.92 . . _ _ --.-._.._.._ . . . .. , ,;.. . . . „ .. .., ~; ~~ ~~ •. , ~ ~.F ~ ~< <'.. ~rF~ _ --. K~. ~ . ~~~~ : ~ . ~'~....... . . . . ~~ ~~ •-y,,,~ 2, 0~6. ~S` . . ......~.........._.._ ............. ~~~y ~3 :a-~. -~ . . . • .. .. , ._ • ,... _. .._...... ...__....._....__...._. _. ........ ut Kknvl+l .. .. . . b~^~ n~,•••• + - --- ._ .. . _._. _.. ~ Tofa`~ oue PAYABLL UPON RECE1PTs DBLIHnUENT AFTER 30 ~AYS. ~ ~Yi~ OELINQUENT 61LL8 SUBJEC~ TO 1%PER MONTtI CMARG&. . *" 1 • • _ ; ~ ~ , ~, /` _- ~~.i-: :i.Tt:.il~ti"i. riL:bW ' r ..• ~F, ' 'I,1 { . • ,~ A ~'.'. , ~;~~a;~ Ted Forsi and Associates ~ ^ ~~ ~I + 107 West Sixth Avenue, Suite 205~ Anchoraye. Aleska 99501 . (907) 974•A517 , ~ `r;i r City of Kenai ~ P.O. Box 580 , Kenai , AIC 99611 L ~ a~'Q`U~~]~G`~' "1 Date January 3, 1978 Project No. 7s6~ Project Neme $pur Highway W& S Bitiing for Period ~cember J ~ Summary of Work Compteted Ted Forsi, Principal 1.0 Hours @$50.00~ Bruce Robsin, Civil Enqineer 8I.0 Hours @ 40.00 J , . Rick Thompson, Enqineezing Technician 5.5 Hours @ 30.00~ "'~~~ Lynn Whitmore, Draftsman 44.0 Hours @ 25.00 / ~ Linc3a k~++ers, Draftaman 1.0 Hours @ 25.00 ~ ' As Built Drawinqs , Xerox -.~:'I ro-'/36ao-yS3/ ' : , t t . ' f i : S 50.00 / 1,640.00 ~/ 165.00 / 1,100.00 / 25.0o J 2.61 3.14 ; i~i]~.. ...~«. " • ~~~ ' }~ a;~~ tj: , , .' ~ . ~ • i ~j~ ~~~ :j~ % ~ r','r ti,..~. ,:.. _.__. ... / . . . ~';~~__ _----- ~ 3AN 8~i~~~ , ~, ....--/r . . • : ! ~ ~ :t t,"' .. ... .. .:.,. ~C . ::, .. .. . -~ .. .............._. ,. --- `/~ • . .,. . .. ! t,~^~ ~F KtnN, _~,. __" ,,.~r ~ . ., "- ~~r~° ' . . . . . .~ ~j =_ - -_ -. . . . _ . _... -'.- - i .,4.. ~ ~`"~' ~f ' Total Due 2 985. 75 oAYABLB WON RECEIPT: OBLINQUENT AFTER 30 OAYS. OELfNQUENT 81LLS SUB~ECf TO i%iER MDNT14 CHAROE. ~~" . T•.,• . ;. ~, .. _ .. . ~ -- ~---• ~_ _ _.-_ _ ~` 1.~ ~ . .~ - . ~ ~ `, ~ ~~ ~ ~~ ~. ~ /~ ..::a=-.,..r.~... i:~,.«,.., .. ~ . ~ _ , _ _ . __.~... __ • i ~. '" ~ ~°'~~ Ted Forsi and Associates ~ ..'~a,:~. a. ~""~~ 107 West Sixth Avenue, Suite 206 t t;i rlnchorage, i~iaska 89bu1 •~yu7) [/4•8b17 `~~ r City of Kenai P.O. $ox 580 Kenaf , AK 99611 L ~~1'~.:.I fi` ~L~G'~' 1 Date Januarv 3, 1978 Project No. 78G1 Project Name Main Street t0 & S Bil~inp for Period ~cember J Summary of Work Compteted i Ted Forsi, Prinoipal 1.0 Hours @$50.00 ~ $ 50.00 / ~ . Bruce Robson, Civil Engineer 15.0 Hours @ 40.00./ 600.00 / . Rick Thompson, Engineerinq Technician 7.0 Hours @ 30.00 ~ 210.00 / ~ ~ Lynn Whitmore, Draftsman 8.0 Hours @ 25.00 ~ 200.00 / Linda Ewers, Draftsman 1.5 Hours @ 25.00 ~ 37.50 / ~ As Built Drawinqs 2.60 Xerox 2.48 ;• - I ;., i _~ ~o- y36oo - yr3i ~ I ~ ;~ - . ,. ~: ~ ~~ ~ i : :r;. ~ ~~~E~~~~ ~ ;~~, - - t -- - . r .. ,. ~~ •• . ,.. . ~: # ~A~ ~t,:nt i _ '- ; n ~~ . v : r. ~ .. •. -- ~G . w~ r ~f K... - .... .. ~ . a ~ :_ . . .~. .... . 'I'.~- ~ i.. . ..... ~... ~~~~'.. . ~ . . ._f ~. . . . . n~n~ ~~ f~ ,, ,:..~.., .. ~'G ......... .. , . . ~ _ .._ . .,., , -- , ~ ....................... .... -- -fi- ~ ~: ~ __ • ..~... . _ .. .~._.. _.....~..._.._~.._._ -` -~ + ..,.... _ -- ~ .~ _ _-_ __._ _.. . - ~ __ _.. ~. . ~ ._ r I Totat Due 1, io2. ss ,. ~ IAYABtE UPON RBCEIPT: OELINQUENT AFTER 30 DAYB. • DEUNQUENT BIIIS SUBJECT TO t%P8R IIAON?H CHARGE. "~}'" ;•{, ~, ~ ` . `. ~ ~ +• . t ° • ~' ~ ~ ~ '-- ' i , -, ~', I f ~ ,r ~.-.._ -, ___ ..... .~.._~. .. ~_r~:n..::... c.i..~~.-. .. , . , .-.. .~ . .. ~,..~..~.. ~.. .. t ~ ~ F ~ ~` ~,~ ~ ~ ~~ .'.,:~'~~.~ Ted Forsi and Associates ' 107 West Sixth Avenue, Suite 205 ~ ~ ` ~ ~, i~ Anchorage, Aiaska 99501 • (907) 274•9517 . ~~I r ~ City uf Kenai ', P.O. Box 580 Kenai , AIC 99611 L ~~'Q~'LG~G~G~' "~ aace -?anuary 3, 1978 Project No. 7862 Project Name La~~rton Street {Y f~ S Billlnp for Pertod ~cember J ,., - . Summary of Work Completed , ~ Ted Forsi, Principal I.0 Hours @ $50.00 i $ 50.00 / Bruce Rr~bson, Civil Engineer 39.5 Hours @ 40.00 -' 1,580.00 / ; Rick Tho~son, Engineering . ~ Technician 11.0 Hours @ 30.Q0 ~ 330.00 / ~ Lyim Whitmore, Draftsman 20.5 Hours @ 25.00 / 512.50 ~ Linda F.wers, Draftsman ~ 1.0 Hours @ 25.00 / 25.00 / _. ~ As Built Drawings 2.60 , ~'i ,~ ~ . .Y, ~:t,r,rR . . . _._.~ . ..... ~ / ....'____ rN -_ .............. ~ ,l . r!'~'v.t'i ~K. ..... K~! . _.. - ' ,~'................... ~ ' d'Ci~ ~ r.-.r-<x ......_ _ ..__- ~--- ._._.. C' . . . .......~....... ........ . :i' ~: ;~}rt(.lNA. ,.it•. ., • - ... -_', _`; .} . .. . ,_ c_, I --:~ + ~ ~ _r , ~ s~ ~ PAYABLE tJPON RECEIPT: DEIINpUENT AFTER 30 ,. OHLINQVENT BtLLS SNB,{feCT 'f0 1%PER MONTM CHARGE. ~ ` i i i~~ i :: 1. : c$1a~~ ~~ N ~~~'v ... ~A y~ ,~<,P-,.. W~ i °~~^• ~ ,.~^' .. . . . - - - . _~:~.'.~.:] ~ i ... - _- ~± ~ ~ ' ~t ~ '~ • ~ ~ -~- ~ . ~ w ~ /~ -_ -~~,~.....~ - ....~ ~ .. . ._. .~...._ . _ ~ ,~ •. , ~ ~ w,~ ' ~ ~ ~ ,.,,~;, ;,, Ted Forsi and Associates ~ . -- ----- ..-_ __ _ _ 1 U7 West Sixth Avenue, Suite 205 i--. ~:ti ~,, Mchorage, Ataska 99501 • t907) 274•9517 ~ ` ~ `:I ~ . .: ~` ~ ~ City of I:enai ~ ` ' P.O. Box 580 ~ ~ ! ; Kenai, ~ 99G11 l_ ~~ \~ ~(~ ~~'Q~G~~~ "'1 Date ~~nuarv 3. 1~78 Project No. ~~ti3 Project Name Inlet l'ic~.~ to Central Iikts. : Biltinp for Period ~cember ~ J Summary of Work Completed Ted Forsi, Principal 1.0 Hours ~ $50.00~ $ 50.00 / Bruce Robson, Civil Engineer 8. 0 Hours @ 40. 00 ~ 320.00 ~ Lynn Whitrnore, Draftsman 7.5 Hours @ 25.00 ~ 187.50 / Li.nda Ewers, Draftsman 1.0 Hours @ 25.00~ 25.00 / As Built Drawings 2.b0 Xerox 2.48 /o- ~l~600. yS3/ I ~ , . ~~ "L I +~ i ~` ~~ ~~ 1 ~ ~ . } ~ ~ ~~~$~. L , `, - ~ ~ J ~$~ 1y,~ I f . ~ .. ~ 8 ,,, N --- - . . r~ ~. ~A `~^ pf ~~~'.'~ ~ ~- - . _ _ . .. _. . . __ __ ~_-~'' _-- -_. ~,~.• ..: s. .~. ,~. ~:--~ . . . . .. j 'J C:''~ ~; ~.:.~,ik .l P'~:iH-!; r~°-•~c . ./)'K ~~..~.'..` ;'~''~. ~' . .~~'_.. . . ~ . 1 i!, w^Y (,i 7:~'e! . . ~ ~ ..........~...« ....:........... ... ~ ...... .. -'-'. ~. [i ~ •N,~.,;~.,,. . „ p w . . ......~.. _... ~ _ _. ._ _...__ . . _ ........ -- _ .• --~.. Toui D 5587. 58 PAYABLE UPpN RECEIPT: D~LiNnUENT AFTER 30 OAYB. ~ OBLINQUENT BI~I.S SUBJECT TO 1%fER MpN7H CNARtiB. '"~"' ~ ~w , , . , [i --~- -..,_._~o .__ -- - /' . : ~,. - .-_ ~ ~v ~ O-l IJ U! 1•1 f ~1~ • ul M T(~f Cf~~41 l~~ 1 ~'.111 : 1 1.0 -_-~_~_-_~ ~•~ ^~ ,h[~. ~. ~~. ICPMOwC IIYI~~•I~~Ir.~ •DWM~~~r~t~~~~. 01-51-?0074 - - --- ----•-- PERIODIC ESTIMA7E FOR PAI:T~~I FAYMENT `~''~"'~~ N~ H~Y( ~MOI:~A~IiM C! fX(~JlCT_•-_~-' --_-.-_--_ improver~ents to Waic~• Su,±ply & Distribution System, 1971. Kenai~ Alaska I~~rt •w~ ~.. wl •f O~ ~.'Y tl.~. t'.'4 _ '~_~~" ~.~~ RoCkforA CGrporation -'.U. fiOX IJ-I~Uu Anehorage,..dlas-a 995)1------. - _.~ ~--`- ` PCA~ODIC~SIIY~•C•MO.~_~~.._ __~~fCRf'(p1OD October 2R_„ 78, To Deceriber 31_,s_7$. 1. COST OF N~ORK COMPlETEO TP OATE UNpER ORIGINAI CONTRACT ON~T Entties must 4~ Jin:i~r.l ~u w..rk +nd ~~.sta ui~dn ehe original enntt~et unlv. (C.,ti. .u:.'. c.•.~ .'.~:.~ un.ier eh~nge <~rJara is to be sho~n in Part 1 0( ~his (urm.) Columns (I ) ~hnwgh (S)• F'~~r~r d~~a shuwn in eolumns 1, 2, 9, 8 and 9, tesprcti~•tly, on Fotm ELY111 prepsred Dy Concuctor. Columns (G) ~M{ (;), $hor nll ~ork ru:npleted to dateundrr onginal eonetaet, Column (R). }:nter the dif(erenre F,e~~een entries in columns (S) +nd (7). Column (9). Ua~• percen~ ratio of .olumn (') io column (S). CONtRACT COMPL[iCO TO D~TL tTLY NO. OEKRIPTION O! IT[M ~' COlT O~ YMCOM-lCTLO ~ 1/ 7/ ON~M7. t1I COfT~fp VM11 Itl tOT~LGOfT VMIT 1~1 Qy~Mf. N1 fOT~LCO~T A~ rORK I~I CGYP 1~1 1 Submittats -Q- -0- 100 2 Tank Fabrication and L/S 23,227.00 323,221.00 100 Delivery 3 Site Work L/S i3,390.00 113,390.OQ 100 4 Tank Erection 1/S 75,293.00 75,293.00 100 5 Installation of Corrosion 1/S 25,690.00 , 0.00 i00 and Electrical zs 69o g ~ 6 Painting L/S 51,400.00 51,400.00 100 7 Foam Application l/S 59,000.00 59,000.00 100 MPR .YEC Y CtTY aF KETtAt tdANaGER ~!:t~ICE p CiTY _... ~/!•~retrc v~~c~KS ~!' n ;~..^a~~Fr . . Y CLERK " ~ n yf :17 QRJf NAl :~ M~ "~! -- i , fOTAL 01 COSt[OLVyNf 48~000.00 ~ 648~0~~.~0 ~~0~ r ~ 1 ~ i i ~ i c ~ ! ~ i I ~ , ~ f s ~. t ;• I ~ ~ ~~ i : ; i _t { ~ ~; ~ }i ~. ; {I 3 ' ~! !~ i ~ ~; ~, ~~, I f r •.f :. • ~ ! ~ ~ Y~[01W.0[ ~~f71.~f~ . , *. , . ~,t ~ '~t ~ ~ /~ ~-~_ .,~,._ -. . ._.. . ._~. ~ ,..ti,.. ._.. ,i j ~ I , ~ ~ -' ~' ~ ~~ ~,./ • S ~ r ^ . i k ~ - ' k` r. ', :~ ~ • ~ ~tt~ •h~ni..~~.l~r ~~.ur.l ~. ~~.~. ~ ~~y~e,~ r•en ~f n..rw~ ., t...~ d.,~,~ „~ ~, ~ ,.~. .~~ m.~. .,.. „.,, i.,.. tin~~x~ lt ri~~il htn.~r~~ ~qa ~ ~~. .. COMiR~CT _ ' " _' _. .. . . ' __~_'" __...~. _ _ _ " _" . _' ' _ Li. ~ (~~~h4t ~t fOM1H~~'1 I~~~~• ~ •55 ~~ (~r~~M4I.0AO~M Il~/~l C~`1t 1)1 ~ ~ nN;~l X 111 Yti n wy OM CN~4•,1 _.. .--- oes:a~rt~ow ~ira~.•mm~w. ~~ar,~ ~n ' owoe«t MO. P~I~ 1~/ lIl "'" _... 111 CM~II(.• I~~r.•~11 111 TO O~ If I~r." ~~' 1~1 1 6/15/: : I:nuckle Clipweld Chan~~e 2,361 11 2,36 17 2 7/28/..i Install NeM Cabie 9.554 99 9.55 99 3 9/15/,;t Pun•phouse Electritication 56.AA6 70 a,g; f,p 4 8/15/ i Install Skid-t!ounted Generator 77,5R4 00 )0,56 00 5 12/27 iB Reinsulate Hatch 97't an o~ an ~ ~-~ ~. __._ __.__ ~ TOT~IS _ 146 927 26 ~ j, ANRCYSIS Oi ~DJUSTEO CONTNACT AMOUNT TO DATF ~(Q$ OOO.OO / ~ A1 Ori~iml [ontrac~ anounr IC~I. !• ii~nr N ~nu l.nw)_ ~ ~ t (b)ylus: AJd~oonc scAeJuleJ in <olw+n ~,w~.. __ ---._.'-.~ ~1A6~,927.ZO_ / ~ (e1 Less: Uedrei~ons sehrduled in colan~o 4 abo.e _ '0' ~ ta),,ti~«.,+.~„~~.,~~~~~.oe,« _ --- ^ ~794.927.26_~ ~ <. ANALYSISOF ~ORK PERFORMED ' ~$ ~~0.~~ ~~ ' (~) Cost ef eridmal eom~+e~ w.:rk ~tfamed ~e a,~~ re.~. , . -.M~ .~,~~...,,.~ _____ 4~345.56 / ~ (E)E~~a ~mk pr~(orm~d~oJue ~C~1. f ~~~.~)'- - ~ i (el Ta~l eost ot work per(utmed to d~~t ___ -- ~ 0~ ~6,345_56, + (lll~ss: Amo.n~ rc~amed in ~cead~nee wHA cona~e~ asrms [fno.. ~•~n-.•<~n~ ~nsie~b..n~rnU~°. ~.~~9~.4 ~[.!~ (e) ~st aTUUnt tirnrd un cYntuct ~orl~ to J~te _ ____,~___ _ 6,~4]~,~~1, ~r__4, i . ~O~ ' (f) Add: \Leerials stael a~ elo~t ef this petipJ (AU~eh /~~~~tr0 ~<A~eul~) ~ i ft>Sub~«al o( tel.nd 11>...~ 6H2 M1~H.65~ th> t~::: em.,~~~ or ~«. ~.ws o,rm~~~: ~~ 1~t .9~.y_.'S„ ~ (i) B.~t 1~CE DCE 7NI: PnraESt ~ 11,226„~69 ,~ S. CERTIf ICAT~ON Of CONTRACTOR ~. I Attad~n~ eo the btst d my knowted6r and Ml~e(, t«r~if~~ tA~~ ~tl ircms and ~mounn sAo•n un ~ha bca ot ~his Prriodie Es~im~u 'i ta Pai~ul Paymsne are cwrccr, rbu a~l ..xk hn been perfo~m~~ and.'or m~eeri~l supplied m lutl ~ceadsnce .nh ehr nyuuemenu ~~ of tb~ re(e~anced f.ontu:~. and.'m duly au~hurixd Jeriu~ons~ subs~iroaioes, aheranons, anJ'or ~dJmons; ~h~[ the I~rc~om~ is s ~~, tr~e and eonee~ aoaaemma ef ~he eunrrae~ +cco~nr up eo and incluJms ehe bs~ day ot eAe peria! eo.ersd bY this PenuJ~e Es~~m~m: ~ that no pu~ ot ahe "B~Ianet Due Thn P~~~mens" Ms been ~eceired, ~nd eh~t eht unders~deed anA hLf subcunnscta~ F~vr(C~.eF •an'~•,~r. a~.~ s. ~, Canplied w ieM1 alt ahe tabur pro. itioos e! -~id eon~uct. -. C CanpfitJ w ith all eht labar porisions of said con[tac[ tatep[ in ~hose ies~ances ~here an ~onast dispute esites ti~h rt• spsct co said bbo~ po. iiiona. [!i la! ~~ se.e~~a. s..s.~s. ~d.ni ~•r~.• .~ i~~~n.~ k ord Cor oration . B, (C«w~t~w1 (S.~n~ew~ • AWIMr~s~~ R~YI~~IM~IM) ^_ Douglas Borland January 4 . t9 79 ra~ Secretar r a~urer {. CERT~FICATION OF ARGMITECT OR ENG~NEER . } t~sreifr e~+~ t hace ehseksd ~nd •e~i(~ed e6e abore and taeaoiny Peeiod~e Es~ieuee for P~rti~~ Psrmene• ihac ~o ~he bes~ ot my ~ knorled6t and Ee~ief it i~ a teue ~nd eareet sratement et sak pertwmed and~e~ ma~eria~ fupptied br ~he eoner~etor; ~hat ~l( J vork snJ.ot m~urisl ieQu.led in ~his Vsrin!ic £stimate has bem msprcud by me ~nJ.'or br mr du~r amhonted ~epreseeutive m ~ •tsisesn~s and ehae it A~~ brsnpe r(o~med airl~a auppliad in full ~eeordance ri~h requiremenn d~hs ~rterrnce centue~: .nd tAat psnu~ paym~n~ el~imtd ind qutsuJ EY t trac~or is eer~sctty sanyv~ud on ~he basi~ ot ~ak pc~famed ~nd/a m~ie- ~ tisl wp I~rd to dae. Si~nt/~~Z.a~.~l.rt.~ =~~^±~ ~ • ' IAr<nrte~t m ~n~uw~~) ~ ~1tf ~. .' ' ' ~~ ~. PRE•PATKEN CERitF7CATtON 8T FIEtD EM6INEER C~IS~ UIr ~/ I~sw~w1 t~Ifl/IrI- [_,j 1 As.s checLed ~his esrin~~e ifiinu tAt tonir~ttp's Schedul~ o/Anauny /w Cmh~U P~>'ments. abe naea ~nd repons ot mr • ie~p e~i.~n~ of th~ Molta, ~nd ~hc ret~eJit teporn submined bY the arch:tect/tnam~tt. G u m~ oC~nion ~A~~ ~~e ~~~umem el ' ~~rk p~dae+tS anJ ~a ma~e~uN suppl~rJ is ~crurue. ~har ahe comuaa is obs~tin~ ~he uQ~ieeuena ut Me eo~uuee. and tbt tAe conera<ter sAnrld Ee pud tAe ~nount ~aq~eued ~bore. ~ ~ 1 eertity that s~l ~o~k ~nJ~o~ m~rcnak ~~der tAe eontuet A~~ Ec~w iaspcaad Dr me and ~ha[ it Aa+ b~ee pedmmed snd'ot ~up~ ptied in (ull sccmdance ~itA ~M re~ui~emem~ ol ~At smtract. . tt«u t.~,~...~ ~ e~y.ot~a ~~ IO~IY tP~~l 111[Y. IMf~) L ~ io.~a , ta.a1 ~ YtlOw~•Oi 1~Ifn~f 1 ~ , . ~ ' ~I ~:~ ~i ~ ~i ; ; ;i :~ 1` : ~~ + ' i ; ~! f ~ , ~1 1 . .{i l j I r 1 . } , I .Q f ~ , ~~. m - r~ - " - - ~ "~ ~' s _ F ~ i ' , , ~ . ~ /' ~~ ~. •... t) 1. . n, d.. ...1 l.pu.. )~.M. Y~, i ' ~• .•~Inllt u•. i:rv~..r.~rui ~ ....,~nr _. . 1~~:~ ....,~ : •u .~.••,,..~c..~.,~~,..~v~ .~.~...,,~~..~~.... ''; .^.1::1f:lilR 197f3 t~~..p:~ ~,.. ~ .. .._. ._..-- - 07-51-:OQ71 i n:l l i: l.f.i f il~t:il:i: ()::hi Z t,. ~ •n . . !:~ •:.11, ;~I ~ ;KA _ .. .. . . - • . ., , , ..„~ •.... , : , ~ :~i.I~..Ji'.~'~:ill~'~ 1 . . ~•? ~q u~ i~:I f~.':Y C:,:t 1.T .,. . . ._ . r~.~,~.• n..~., :. ...~:.~,~,t, ,~, ...1 ~ :~~)r 5 1' .~ ..~e '... : ; : , .~ d : ~ , ~ ;~ ~. f.y ~!.r f •1!..~n i•:t; .:• ~ :~;a • L, ~.~ d~r . uutr.~cr ~ I..n, .,rd ~.~~~: ~fi...r.~ ,~a: '- - •-' - ' ~r.r.n I`.~..:; ::.!.~.• r.,.•iri.~.,~:~i~a, ('••.n~.~~.rin L• er ~.rin . ,:~• ~.:~j:l~~•~~~1• •^~•1'la. ~~a•fl.~'1T.~.~:.1:1•~I'If. , . ~ la...f:.Ilt~11~C ~.:.It.~ff~•f~CC ~~~ .. . . . ~,~. ....... .._ _ '_ " . ~f~ .. .. ._ {~~_ ~ i 1 ". i,,~ut.;tr, i..~~t ~,,;~.!~ ;s :'i~~~~:r,~d ;n "~~mch $9i3 n0 I i~sc~~ i.~c~~~• r.,c..~ iz ~~,,~,t i~;a, rc~;~~ iy, . fu;,y i,tt.li4itd. ~it~NKVV~n HY c;t~v c~r• ~;~w~ C) CI1Y fAANAGER.r... •~~p~T'INANC~ . ~ j/~UBL1C WORKS.....~...._... ' !J A1iM;NEY I ~CITY CIERK ...._ (] .._.._.....~... I t~RIGIM~4l CPFY TO ..... Chenge in eontract pric¢ ~ue to t1~is Chan~e Un'cr: To~al.!rcrrase f --•~`~-`-'" .xaa\\~X\\~\\~ Tot~l inrtr+tie ~ XX~\X~X\XCX\XX f ~3~.i~ --- .. niffr:cr.r.c Ei•ta~ccn ('nl. (3~•'~~d (4) S ._ - S 9%3.8Q.•~.~ Xtt (iacrc:.sc) ~(1X: $~J4%a n.nt:au ~ rice S - ---- --- -' -- - - -: ~ ----°------ s_._473:R0_~ ~. ~t s._973.?p --~-- -- ~-- ~_ ;~ t~r u~Gy (: ! 1r~,f tn) ('!'Y.Y'.~..'?'t:7/.'l,?(,) A~c tut.il cuntrect ~rirc, .~ud thc . r.erd e~atr.ect peite to d.~:e tSer~•by~ i+ S.7~n sy77_. 5•- j tn:i•:rJ f~~t m~apl.tio~ in thc c..arr.nt is (JX~ ~i;~:(:~ (incac.nrd) '(.X :Y'{'!Y.R~ by _ 3Q.--w--cafrndat is ~ oevrc.cnt >h.~11 Lctonc nn a:.en!r..cnt to dec a:.:.:rast and all f:oxi•ions of tLc ew~u.i t oip :.j plp hcuio. ~dcd Ly ~~~ • ~ CZ~~..X.~~ --- _-------~ - ------- .~..~._. .,: , ~ ..~,,~,.~~....~ ~(~ ~5 .... ~~?~ ~~"~ tr' .. ~'~yr Q''~-.._ ~~ ~~ ~ . _ - - „_ 1/2/79 ,/ " w~,uacu.i ". _ - --_ .- - - - •-°•-n:i. ---•-- U I'y- --° --_...~..._._. _... _ _._ ..~.__ .. ~.__ .. " O.o~r-~ "- "' liui'_`__.._.~ ~ ~. t~.. I ~' ~'~ ~~~' " : ~~ ~~ • ~~ 1 i ;i i ~~ • •} ~ : ~~ i. ~: ! ~~i ii ~, ~ i I ~ I r J I WCOWaDC 7lM~.MJt ~~~ ,~ i~ di~ ~~i r ({t t~ ^ ~ I ~ ~ ~ ~ /~ . , _ . _... .. ., .. . . - _~ . . __ ::..,. .~- - -_._ .~._~,- . - - - _ . .. ._ 1 , ~•+~` - - - • - _ . - . . ~•,..,..~ r:... • U! ~ 1-, ui)J4 ~, AI)'fIl'ICA(IAt11A~2!'ll:,:~~:1; r•,.~,.••r!~~.. ' ~ .. .....• , i ' •'> 1 ~ • ~6n:~..n,~,r. - . .__ •- - . .. . . . _ _ .. ."' "" ' ' . .. . . ... ~ __ . .. .. . . . S 1 ^ ~ 1.`...~. i~~l..,.~~..,.• • - . . I C. l~ ~ Tt~•..~ ~ _ -„• , ..~•'c i.:~, ,,:.. , ~~~~.•.~ .• . . .~. . . . ~ .~~ ~;~ t. . ,. ... . ' ~' ~ ~~ , .~.~i~~~~ ~~~?> ! . • 1 ,~ ...'~h. "I'.,~h I1•,t",l~•l~~:r cr~`'rod i,;r~rc(irn .:i•~,~~~~1 full + inr.:lr~!ye ot in~;•o~tur's ~.riur ;nstrucLi~ns. , I , ~ • i ~•1+p:.y.~,cdch.~:~gr..•i:Iniu.ucbidT • ~ 3. C ill ~+:~•~~oe~•d ch .~:bc..~!tcr d.~• ~.hy.Er.il •.iro c.f tLc ~~r:~j~•; t) 1 fl..~.~~ .. ~.yt:..n. ~. Effsct ol ~bis ahnngc on nt:~~r ptimt cunnactnts: ~lOpe ~., . ! . 1 ~'~•~ f Al ~o ~.. ~ Y~'s ~ X~ 10 ,f '~~ . • . ' _1. ~i h 5, S . , . • 5•!(af C011Rt11i o( ftliriY I~crn oLtaincd? [:~Ycs (XJ:~ot nccosxaty '' ' ~ ~~ ~ 6. R'i1I this c!::tn~e a/frct .•apirotior: ot c~,trnt uf insurancc co~rt~gcT [~] Ycs ~ YJ \o " " Jf Yes. r•i11 ehc pditics br catenrcdT Ycs ~ ~ (_":1 r:o + ~,. ; . "f;;;S 7. F.tfect on apcfa:~on nnd nainsenancc co,ts: . , Item 1- Feduces i~tnten::nce by preventing of r.~ater accar.~llatton and freezing ' around hatch and brcaki~~g up polyurethane foam. ! t i t f 1 I 4 ~ ~ ~ ' ,~ ~. . ' - • . ~ I ' ~ , _ _ . . ' i •i~ - i"- -_ I ~ . , ~ • " . . . . ~ i i ~ rj ~y ` ~ ~ . ~/~r~ ~ . ~ ~ ~ : i I ~- ~.. ~~Q~~It1 i ~ ~- ,,,,.~~ P~te . r~ • ~ ~ . ..,«.~.~.~ ,,.....~: ~ . ,~ ~ : „ ,~ , - - - -- -_ ~•~ ~ ~ ~ i ~ r ,~ I I i ~ ~ I . r . ~ ,~ I `• 1 . ~ -~ ~ . ~ ~ I I I . ~ . ~ ~ I . ~ ~ i I 1 I ~ , ~ ~ ~ ~ ~ ~ ~ ~ /~ ,t ~ , I ~ 1~1.. ~~ . . ! ~.r,n~:~: ~~r• A11t1'OIt7' 1.AN1~:; c11t PA('IJ.1'I'fl:ti Ttlt~ AG1ii:l{~it:P:T. c~ntcrrd int~~ thi~: d:rv of . 1:~7R. by nnd Lc:wo~n the Ct't'Y UI' 1:1•:~Al. u homr.-rul~•d uiunici~u~l cor~iur~,ti~~u ut Alnxl;n. h~_rciu- aftcrc+aleci "City," ariJ ROSERT ROPERi AAX 48s KENAI ALASICL\_.92{],~ horcinuttcr culled "I.csseo." Tlsnt thc City, in considerntion of tlic ~nyments of thu rents nnd pcrform- anee ot ull tfle covenunts 1~w•cin c~mtniucd b~ the Lessec, does hercby demise mid lcuse to thc I.essce liie follotivin~ described property in thc l:enai Itecordin~ 1)istrict. Stntc of Alaska; to wit: TItACT C, I(ENAI BOAT RAMPt 17.899 ACR£S w TERAS: - (u) The term ot this I.~aso is for 99 years. commenein~ on tho 15th ~ day of FEBRUARY . 1979, to the 30ttday of JUNE . 2078. et tlio annual rentul of S 54,562.97 (b) The torm oi this Lease may be extended h~ Lessee for • successive yeors each, by giving ~vritten notice to the Lessor not Icss thnn six (6) perioda of _ months prior to the expiration of tho then existiiiq term. Each extenJed term shall bc ~ on tho samo terms and conditions us provided in this Lcase for tlie initiul term. Lessee : wiJl rtot be permitted to extend tho Lease beyond tho estended term . Any terminat;on of this Leaso during the initial tcsrm or dnring any extended term shall terminnte nll rights "• of extension hereundcr. PAlT1F.AT: Subject to the terms of 6eneral Covenant Ao. 10 of this ' Lease~ the rental specified horein shail be payable as follows: (a) Right of entry and occupancy is authorized as of the]STHdoy of FEB . 1979. end the first rent shall be computed from such date until Jutte 30. 1979. ' , atthe ratoof S12'S0 _Per day for 10~Inys. equals S 1,312.50 now due. `T" ~ ~ ~ (b) Annual •.•ent for the fisent year be~inning July 1 and ending Junct ~ ~ SO ehali be payab2c in advAnce on or before the first day of July of each year . If tha ~ %; ~ annuel rent exceeds $2,400. then the Lessee may opt nt the time of the execution hereot or at the beglnning of each new Lease year to pay rent in equal montlily installments. h f ', eac ~ paqable in advance on or before the first day of Jnly and on or before the first o month thereafter. ,:y,.:.: ,;~, ~ ~ • (c) Rental for any period which is less thun one Q) year shNl be `~~~ ~ ~~' prorated based on the rate of the last full year. _ ~~ +s (d) The rent specified herein is colculnted as fo2lows: 17.894 ; I ~~ et $ 4.250 per s9~~ahPer year, or S 4,562.97 per ycnr. q.. ~ acse8 . at .063 , ; ~' • In addition tothe rents specified above, subject to General Covenant }'-= • a'~ the Lossee ub-rees to pay to the City fees as hereinafter provided: 10 I • IZo . , 4 . . , ~ (a) Assessmen n..K hencfiting property --r- ~' ~ . ia the osaounL of S `' :, ,: ! . ~ (b) Taxes perioining to the leasohold interest ot thc Lessec. - - .J ~~s~ - p~~a ~ ; ~,'; ~ Reviecd 10/25/T8 ~ ~ ~~ ~,t _L._ _~_ -~,.....~- - ~ (d) I.r::.ot~ n~•poo, in ~~ny nll Ins~•r. nnd m::~rs~:turnte~ lrvi~vl it~ th~~ fulurr Ly thc C'Uy nf I~~•Uid. t~s if L~•:.::ce tvi~~: vunsicl~•r~•~1 tho Iry{nl ~~tenrr uC i•c~at•d nf the l.ac.~•il ~ Ih•cy~crty. (v) lntorr•,t nt thr i:~l~~ nf.•irid ~~orr~•nt (R"..) ~u~r nunum nnrt ten porr•rnt ' (ltl;.) pi•n•illii•:: an nlq' tur.uunt c~f U~oncY ~~a•~~il uuilur thih I.aa~:~~ t~•bich ia: nut ~micl otl ut• , brforc tlic c1+U~• il bacomc:: duc. (fl A~ifl;~inry~] Cl~n!•rn.• r.e :et fo:•4: i:2 ~CZ:C:.~2i2.: :. aU.~~lict,,. ~ 9'lie purpo::c for tvhicit t}~is Lense is issucd is: • SMALL BOAT HARBOR, BOAT RAMP, GRID, FUEL DOCK AND 100 FEET SY 60 FEET WAREEiOUSE AND RELATED FACILITI£S G~NTiRA1, C01'f.':AI~TR 1. UST•.S: Rxcept ns provided hc:•ein, any r~~Qiu• use o[ luiids or fucilittcs without thc t~rittc» conscnt of thc City is pi•ohibited. 1'his prohit!itiun sl~rll ~iot npply to use of arens dcsignnted by tlic Ciry foi• sheciticd public utics, such as pnssenger termiiiols, automobile parking nrens, and streets. 2. USES T'OT CO\TT•.\iFLATRD PROIi1CITT1): Solicitation of donatlons or the promotion or operation of any part or kind of business or commereinl enterprise, oQier tl~an as specificuily set forth herein, upon, in or nbove airport ]ands, ~cithout the writtun consent ot the City is prohibited. 3. ASSIG;~1t1:NT: Lessee ~vith City's cvritten consent, whicti ~~ill not bo unreasone~bly dented, may nssi~n or encumber, in ~vhole or itt pnrt, its rights as I.ossee (Leasehotd Estnte) hereunder. Any assignec of part or all of the lense~ premises sholl assume the duties and obltgations of tl~e 7.ess~e ns to the stich part or nll of tl~e leased Premises. No such assibnment. howovar, will discharge Lessce from its rlutics aud abli~;ntions hcreur.der. 4. SUBL~TTINC: Lessee mny sublet part or ntl of its interert in the leesahold ~remises ~vithout prinr City approval , eaccpt that Lessce agrees to send a copy of hie oxecuted sub3ease to tho City witl~in•10 dnys after ita execution. In addition. ffi2 sublenses are subjeut to the terms and conditions of tlie main lease, at~d no subietting ; shall affect the obligadon of tl~e Lossee to perform ull of the covenants required to he performed by tho Lessee herein. ~ 5. TREAT1lfEA'T' OF D~:•.]TSE: The Lessee agrees to keep the pre:nises ~ elean and in good order at its oivn expensc, sufferin~ no strip or ~.aste thereof, nor removin~ ~ nny material therefrom, tivithout written permission of tho city. At t2ia expirntion of the term tixcsd, or uny sooncr determinatfon of the Leaso. the Lessee will peacenbly and quietly quit and surrendcr ihe premises to the City. . 6. PAYI~tENT OF W;NT: Checks. bank dratts or postai money orders shnll be made payable to the City of tienai, and dciivered to the City Administration Buildiag. Kenai. Alt+ska. , 7. COrSTItilCTION APPROVAL AND STAhAARAS: Building construction shall be neat and presentab3e nnd compatible ~vith its uses and surroundings. Prior to placin~ of fi11 material and/or construction of buildings on a leased uren, tho Lessee shaJl submit n plnn of proposed dc~ clopment of propcrty to the City Plnnnin~ C~mmission which sholl be npproveH in tvriting for elI permnnent improvements. . I.LASL - Page 2 ~ lievlsed 8/I4/78 ~ ~ -- . ~ I.IiAtili UV AIRPUU'1' I.ANUti Oii P~~C(1,17'fl{ti TIIIS AG}ttiI:A11i~T, cntorect i:~to tl~is dny of 1~78, ~ bv nnA bet~~~r.r~~ thn C'19'1' (>I~ I{l~ N.V ~ 1:C;^::. !•w:`.: ~::~~~~~:~,. 1 cu~ ~~vi uiiuu u~ ~ilnaiti~, Il~•1'C111- aCte:• cnilo~i "(:ity," and SERENDIP(TY ENTERPRISFS BOX 3171 KENAI ALASKA 99G11 hcretnttftcr cuiled "LCSSL'C." Thnt the Cily, in considcrntion of the pay~mci~ts of the rc»ts und I~orCorm- anca of A11 Uic covennnts h~rcin contained by the Lesscc, dno:; ImreUy di~mise nnd leuso to the I.essee the [ollo~ving describod pro~~erty !n tl~e Kenni Rrcording I)istrict, Stute ot Alaska; to tvit: ~()~1 ~ LOT 3, SPUR SUBDIVISION R 1 ~~i/~ ~ T~ItAi: ' r~D (a) The torm of this Lease is f ars , commr.ncing on tlle j~ day of MpY . 197g, to the 30TN1ay of , 2019 , nt thc snnuel rentnl af S___ 32,424.70 (b) The term of i}~is Lease mnp be extonded by Lessee for 2 successiva periods of 10 yeare ench, by giving written r~otice to tho Lessor not loss than sia (6) months prior to the expiration of tbe thei~ existing term. ~ac}~ extended term si~all be on the snmo term~ and conditions as provided in this Lease for the initifll term. J.essoe wfll not ba pcrmftted to extend the I.euse beyond the extendod term. Any tcrmfuution of this LeaAe d~u•1tt~ tlie initinl term or ditring any extended term shnll tcrminntc nIi rights of extenefon horeuudar. PAYMENT: Subject to the terms of General Covenant No. 10 of thiv Lease, the rental specified horein shnIl bo payable as foAo~LC: ~ (a) Right of entry and occupancy is authorized ns of the ~ day of ~'aY . 1874. and the first i•ent shall be computed from such clate until June 30, 1979 , atP~Y~LE IN I175T~~1~tTS OF ~2 jp69:32d_aysi ec~97i~s g 5.418.63 now duc~. MNY , , 1979 (b) Annunl rent for the fiseffi year beginnin~ July 1 end ending June • 30 shall bcs payable in ndvnnce on or before the first day of July of ench yoar. If the as~nueI rent exceeds E2,400, then the Lessee mny opt ut the time of the execution hereof ; or at tho beglnning of each nctw Lease year to pay rent in equnl monthly instalImentF, j payable in aclvance on or before the first day of July and on or before the first of oach ~ month thereafter. ~ (o) Rentnl for atty period wt-fch is lese than one (1) yeer shall bo prornted bascd on the rute of the ]ast iull year. (d) The rent specified herein fs calculated ns follows: _?a4~77n square feet at S 0.11 per squuro foot per year, or S 32.424.70 per year. ln addition to the ronts spccified ubove, subject to GenerN Co~~c»nnt No. 10. tho Lessee agrees to pay to the City fees as hereinufter provided: (a) Assessments for public improvcments notiv benetiting property in the amount of a NO ASSESSMEHTS . (b) Taxes pertaining to thtt lcuscthold interest of the Lossee. LEASE - Pnge 1 Aeviacd 10/2r/78 ..~,, ~..J ~ . ~. ~ ~ ~ ~ /~ .,.. .~..,~ _ , ~ ~ . <c) Snlr:, tna ftu~v ~•nG,rc•rd ~a• 1~•vi~~d in Iha ful~~rr ount~mtod u~ion rrt~! , • p~iyuLlo in muuihly inaG~lhu~•ut:: wbrthrr rent ir: ~~uid ut~ u tnuntDl u • • „ y : yu~u ly bnr,iti. ~ (if) I.etitii~r n4;trc+s to pny nl! lttxe4 nncl it::r:e~a:m~~nts lav[~eQ in the futuri~ by the City o( K<~nni, us !f I,u~:~:oe tve:: con:;idcrcd thc le~ul o~vt~cr of recrn•d uf the Li~n~ed • Pruprrty . . ~ (e) lnterest at the rnte of eit;hl Pcrcent (R^,) prr nnnum nnd ten pcrc. nt (10;,) penrlli~~s on m,y r~:~r:n,t r~f r~ +r :~ ^ : t ! ; ~ . , : c: :..;: cr tF :, ).; ;:;~~ ~.i~:. L i:. n~l }iuiu on or Lefore the dntc il becomes due. <C) Addittonnt chnrges ns set fortli in Schedule A, uttnched. Tho pnrpose for ~vlitc}i tl~is Lense is isaue<1 is: HOTEL AND RELA7E0 FACILITIES GF.NERA1. CC)VP.KANTS ~ I. USES: ~xcept ns provided hercin, ony reguler use of iands or A~cillties _ without the tvritten consent of WQ City is proDibited. This prol~ibition shell not apply to use of Areas destgnated by [Ix City for specified puUlic uses, such as passenger tcrminFils . automobilo parking nreus, and streets. - 2. USES I~OT CONTF.!IiPI,ATF.U FROIi1BIT~D: Solicitntion of donations or the promotion or opcrntion uf any pnrt or kind of business or commercinl enterprise, ~ other than as specifically set forih herein, upon, in or nbove airport Innds, without the writtcsn eonsent of tho City is prohibited. ~~ 3. ASSIGTTAIENT: Lessec with City's ~vritten consent, whirli will - not ba unrcasonnbiy denied, may assign or encumtwr, in tvl~ole ur in part, its rights as Lessee (I,easehold Estute) hereunder. ~ ' Any assf~nce of part or all of the Icased premises sha11 ossumQ the ' duties nnd obligetions of the Lessee ns to the such I~art or nll of t1~c Ieaseci premises. ..~ No auch nssi~mont. l~owever. will discharge Lessee from its dutios and obligniions hercunder. 4. SUE~LL'TTII~G: Lessee may sublet part or al1 of its intcrest in the 2easehold premises ~vithout prior City upprovnl, except that J.essee agrees to send a copy of his executed sublease t~ tlie City ~vitl~in 10 days after its oxecution. in nddition, all ,. . sublcnses are subject to the terms and conditions of the main lease, nrid no suLlettii,g , , shall affect the obligntion of the Lessee to perCorm u11 of the covennnts required to be ~ performed by tho Losscse lierein. ~ r;= 5. TREATATENT OF DIib1ISE: The I.esaee agrees to keep the premises " cletin and in good order at its otivn expense, sufterin~ no strip or waste thereof, nor removing ` ar-y matei~it~l therefrom. without wri t ton pcrm iss ion o f t he Mty. At the expirntion of tl~e _ f , term fixed. or any sooner determination of the Leascs. the Lessee wi11 ~eaceebly and quietly quit and aurrender the premises to the City. ~ ~ 6. PAYMENT O~ REI~'T: Checks, bank drafts or postaI money orders - ~ ' ' ~ shn11 be made payuble to tho City of I:enui, and delivered lo the City Administration B ildi , , ; u ng, Kenui, Alaska. :~ • .1 . ~`. S~' y ~` ?. CONSTRUCTION APPROYAT, AND STANDARDS: Building construction "1 . '~ ' shell be neat nnJ presentnblc aud computiblc ~vith its uses nnd surroundings. Prior to ~, pldcing of fitl material and/or construction ot buiIdings on u leased nrQe, fhe Lessce sl~all . ~ ~ subniit a p2an of proposed development of property to the City Planning Commission which ~ ( .. , ~ shnIl be approved in writing for u11 permanent improvements. LL~ASL~ - Page 2 Aeviaed 8/I9/78 ~ b r- - - ~~ ~ /~ ~ CITY J'fANAGBR~S REPORT ~ January 17, 1979 HEAF.IAtGS B-1 Ordinance 455-78, Tidelands. We will ask this to be set for an additional hearing since we have met with the fisherman's association representing set netters throughout the Peninsula. They have asked some specific questions we need to clarify through the State Attorney General. The fishe~man's group understands the fmportance of resolving these issues and are working with the City Attorney and myself. ~9e hope that we can have this in an acceptable final form by the next reqular City Council meeting. The only issue is the set-net permit which we do not wish to separate from the basic ordinance since they are all related and should be handled in one package. B-2 Ozdinance 456-78, Foreclosed Lands. This designates the use of foreclosed land~ and puts some surplus lands up fo~ sale, desiqnates park lands and reserves other lands for specific municipal uses. The notice for the owner's of record, as required, has been accomplished in a timely manner and we can now proceed. B-3 Ordinance 457 Levies assessments a ainst benefitted ro ert for the reconstruction o Redoubt Way. As prov ded by the ordxnance, the certified letter, including the ordinance, was mailed to each benefitted property owner. We have no objections as of now. One . letter that did not seem to relate to this ordinance was received from Carr-Gottstein; however, the letter expressed approval of the original ordinance setting up the district. I take that letter to relate to the actual se~ting of assessments and presume that we will receive no protests. 8-4 Ordinance 460-78 Increasing estimated revenues/appropriations for the Jaws of •Life. 8-5 Ordinance 461-78 Amends 1976 Kenai Munic al Air ort Re ul.ations fox parking. The two d v szons of th s are wheeled vehicles and aircraft which will clearly identify the different catagories and the handling of both catagories. In addition to the amendment made on introduc~ion,, we have made the changes requested by the Council for the handi.capped and clarifying certain language. We have distributed this ordinance to all Terminal tenants and have received on feedback. There ~ was a cover memorandum telling when this ordinance would be up , for final hearing and approval. Presumably all can live with i~. B-b Ordinance 462 outlines procedures for conducting telephone polls of the Council. The City Attorney has revised the Grdinance ~ as the Council requested. This is a revised ordinance and must be moved for adoption as an amendment to the original one. Hopefully, this will meet the Council's desires. . . ~ B-7 Ordinance 463 increases estimated revenues and apnro the purchase of radar equipment with a recently-rece accepted by the Council State grant. This ordinance purchase of the equipment. iations f funds the ~,'„ -.~ /' . .._ . _.i% :~~r..~. ~s.s - - ..T.~.~l: ~a; - . _- , ~ . . __ ._ - ' _ . ____ _ _•_'_-.__". - _ a • ,Cl ~ , ~ ~y Manager s Report ~ Januarv 17, 1979 - aqe 2 , ~ B-8 Liquor license renewals: Daddy's Money, Rig Bar, Fratprn~t Or~~x ' of Ra~les, Kenai ~Z~S Club 24Z5, Harbor View Restaurtant, Oaken Kegs 54 and 58. The Clerk will provide the data of personal property and sales tax at the time of the meeting. ~ PERSONS SCHEDULED TO BE HEARD I C-1 Carmen Gintoli will present information surrounding the i mini-park proiect which will block Forest Drive at the Bluff. CORRESPONDENCE E-1 A memorandum proposing a_joint Chamber Board/Council meetincr on the last Friday of each month E-2 Shimek & Peabody~s claim on behalf of ACI for com ensation for reconstruction of the air ort arkin lot which they feel extended over an unneccessary length of time. E-3 Appointment of a Kenai Peninsula re resentati.ve for the Universit 's board of reqents ~ OLD BUSINESS ^ F-1 Lease of Airport I.ands to Raven Transit. This corrected and updated `'' lease is finally back from Doug Haines. F-2 Union Oil's drillin ermit - Union askeci,some months ago at time o appl cats.on for this permit, for two major exceptions to the drilling permit 1) provide 120 day delay without loss of permit rather than the 90 day period now stipulated in the ordinance gov.erning this permit 2) an excepti~n to the reserve pit was also asked and granted by the Council. In preparation of the dril].ing permft form, Union has asked for a Force Ma'eure clause whi~h ~~-•the ti,me ~oz the pexmittee shall be ex en e on x so long as performance thexo,f ~s pzevenfied bx ~ixe~ ~ction o,~ the elements, strikes or other dif~erences with wo~kmen, acts of civil or military authority, acts of a public enemX, restxictions~ ox restraints imposed by law or be regulation or order o~ goyexnmental authority whether Federal, State or local or other cause beyond the contro]. of the permittee whether or not similar to anx cause above innumerated, but in no event ~or more than a yeax~" ,~ P'~""' 1~ - ~. ,~ _ City bfanager's lteport January 17, 1979 - page 3 NEW BUSINESS ~1 G-1&2 Bills to be paid and requisitions will be furnished at the ti.mP ~f the mAPtin~. G-3 Ordinance 464 will amend the Code concerning purchasing ~roceudres. Currently, if we spend aver $2500 a year with any vendor, we shou].d now have a bid. WE know that most of our vendors also have contracts with ~he State of Alaska for supplies. The State Code permits us as a municipality to piggyback, or benefit from, those contracts. Our problem is simply that the Code does not provide for this. The amendment would rectify this and enable us to avoid the situation where we do not purchase over $2400 of automotive parts, for instance, with a firm so that we can merely not have to go to bid and miss, as a consequence, benefitting from the State policy of obtaining good prices by piqgybacking. This, of course, will not relieve the Administrati.on of their responsibility of obtaining Council approval of any requisition over $500. G-4 Ordinance 465 increases revenues/approPriations relative to trvina to write off our uricollectable receipts for ambulance calls. The Council did, on the adoption ~f this year's budget, eliminate our charges for ambulance calls because they find that many of them were not paid and it has been very costly for us to pursue the debts plus other hardships involved for all concerned. However, these charges have been booked; they need to be written off and the Finance Director has approached this by using some of the money that was received by sale of gravel to R-Lee Seafqods tsve~`:the~past years. G-5 Ordinance 466 increases estimated revenues/ap ropriatirn s"Facilities Plan" updates it to include all changes that have been made to it over time. The last modification has been the added septic study which the Borough has funded the ].ocal share. This will clean up our books and properly account for the use of funds. G-6 Ordinance 467 increases estimated revenueslappropriations by taking money out of the sale of foreclosed lands and appropriating sufticient monies from that account to cover the taxes that we mus~ pay on the foreclosed property which we desire to retain for our use. This will end any clafms/reclaimation possibilities that we wish to use for any public facilities. This is the only way to guarantee the secure title to these properties. G-7 Ordinance 468 increases estimated revenues/a ro riations for the library b~- $522 received from onations and lost book fees. They wish to appropriate this for the purchase oF new books. On the face of it, this appears to be fine; however, we really do not have all the money to appropriate. It seems we were carried away in the budget and anticipa~ed $400 in library donations. This was a mistake; the monAy is part of this $522 and has obviously already been ~ appropriated. To solve this problem and placate our librarian, we propose to use miscellaneous revenue/donations account which was . ~ ~. r i t ~ /~ ,t ~. ~ ~ City Manager's Report ~ January 17, 19'7g - page 9 ~-~ continued returned to the City from the change in the library card fee which we did try to return to the individual card holders. Approximately $1200 in checks were never cashed; theretore, we deposited the money as unanticipated receipts. This money could be used to solve this policy problem. G-8 Ozdfnance 469 Capi.tal Project Fund, "Airport Wa Sewer Line" The State of Alaska will fund $143,500 of the Airport Way line. The City Council has already discussed using $50,000 of Airport funds and water and sewer bond funds on a loan in the amount of $93,500 which fully funds the project. ~-9 F~soZution 79-1 establishes an interim a enda for Januarv, Februarv and March work sessions for the Monday night sessions.proceeding the regular session. This will help the Council review the agenda and the material contained in it to see if those items are ready for formal Council action. This will hopefully enable us to perfect material tha~ is presented to the public on Wednesday. G-10• Resolution 79-2 trar~sfers funds within the Air ort Terminal Fund to do some work on the Terminal doors so that they will -~ close properly and provide mats. G-11 Resolution 79-3 authorizes a letter of intent to the State to continue the Senior Citizens Title III Pro ram FY 79. A reference to Sol otna and the Borough is n the resolution. They have been approached b the Council on A in to some funding. I believe the resoZution clearl g Provide that, in the event they withdraw, our fundingywillnremain at the acknowledged 1eve1 and the program will have to be modified to an undesirable state. Discussion of the Ma or's Committee on Land; the pac;;et Znc].udes the proposed outline of the method of operati.on of the committee, purpose, administrative personnel and funding. B&C Sunply Corporation assianment of lease a~ the land theiz new h- u~a;,,,.~ .. -- ~~ ~a, ~v an employee's organization appears in order. ~ G-14 Payment to Coo ers and L brand for their ro ress billin for their annual audit. I belleve this will complete thei payment. G-15 P~ent to T~ 1~'~T~i for professional engineering services on LPW and CEIP engineering. (~6 Period estimate for ~artial ", pay,ment _seven to Rock£ord orpora on for their additional work to the pump ouse. ,I ~ _ r-~~~ j ' City Manager's Report ~ ~ January 17, 1979 - page 5 G-1; ;:oratract c::ar.^c order f~.~-e for R~ckford Cornoration. Apparently during construction, after they had insulated the tank, one of our inspectors in the course of the inspection caused a leak and they had to reseal and protect the tank so that it would not deteriorate in the insulation. They are asking for 5973 , for xeinsulation. G-18 Leaae to Tract~C boat ram from Mr Roper. I believe the Harbor Committee has recommended approval of this. I feel that we need an addendum to cover servicing the public to establish this as a public facility and give controls. Therefore, we will recommend tabling this lease after Council discussion and proposal of an addendum in protection of the public interest. We may have some data prepared by Wednesday,~but I wanted the issue to come before the Council. G-19 Lease for poris Lashley/Serendipity which was received last week. It is signed and ready for execution. ; OTHER ITEMS ~ I, As I reported to the Council, we notified the prospective lessees of Spur I and II Subidivisions (Serendipity, First Federal and Kilmers) that there was a time limitation of the ~ finalization of their leases. Serendipi.ty is before the ''. Council and one is being prepared for Kilmer~for Lot 2 Spur II, center lot beside First Federal's tenative tract. Mr Hille representing First Federal has infor~:~d me that they will withdraw at this time. However, I am not clear just now as to whether oz not the time limitation has formally expired as it was outlined in the letters. We are prepared to accept additional lease applications on that corner lot. 2 Council committee on Public Works met Thursday night ~ and I am sure they will report to the Council on most of the items on the agenda where recommendations have been formally made. One item was the Airport Way realignment due to a safety hazard, bringing Airport Way into the spur at Walker Street. The second was review of the Terminal modi.fication for the arctic door/ramp side of the Terminal. Third item was the retention of an architect to prepare preliminary sketches of the AAI/City Office wing in the ~erminal to give more counterspace and improve baggage handling. There was a discussion of the HEA claim for conduit and I believe the committee is going to recommend this claim be denied since the upgrading of the system was HEA's responsibility. We also discussed a number of public work projects including the shop building and its possible City purchase and use of the purchase monies tio build additional airport facilities J for equipment. There was some discussion of a possible City Hall facility and gravel pit so that we can do more street maintenance at less cost. The SLate did respond to our letter on Willow 5treet saya.ng that they can include ;x~.luni2~atiori ' . . . . .~:- . ~) ; ~;. ,~ ~,. ~, ;~ .. "o: .,, _9 „ /~ Y.... ..:.~,.~,.-:,.... ~::_..,.. • , - ~ ~. City Manager's Report ~ January 17, 1979 - page 6 ~ ~ 2 continued as an alternate bid item. Z~he State gave us three ~tic;es: A. continuous illumination 135,000 B intersections only 90,000. C Beaver Loop and Airport Drive intersections only 30,000. They need a City response as to which should be included. 3 The State has been down to discuss Section 36. I believe the purpose was primarily to attend the land conference being held throughout the Borough now. However, they wished to also show interest in Section 36 and our entitlement. Hopefully, this wi12 do something to move the situation, but I am not exactly sure. We have furnished the State with the details of our claim and the boundaries of the area we wish. 4 We received a letter fn early December which was referred to the Recreation Commfssion on Alaska trails. This letter has been given back to me; there is a possibility we can app].y for grants for trails and footpaths within a 30 acre area that we plan to develop adjacent to the Oiler's field. However, before we proceed, I would like to have Council's comment. There is a 31 Jamsary deadline to respond. I ~ ~ . ~ ~ .~^~r~ ~~'°Y~ _\( '--~.~- ,.~.-~~r-T ~3.•~is "~ ~/ ~ ~~ ;~ - ~ '' CfTY OF KENA! ~ '~ ~ ~~'' ;` ~ ~~' „a~;l G~ ~l.~~a„ ~ , ..~`, ~; . ~~`~ ~ ~,1 i~ I~'~ i~ _ P. O. BOX 580 KENAt, ALASKA 99611 ~ ~3' 1~' ' TELEPHONE T8~ • 7535 ~-- _... .- - ~, ,~,,~:~~y„w, - - : - _- _ - January 11, 1979 MF..;~IO T0: John tiVise, City Manager FROM: Keith Kornelis, Director of Public Works ~. SUBJECT: What's Happening Report for City Council Meeting ~ 3anuary 17, 1979 . 1977 STREET IMPROVBMENTS As mentioned earlier, all the facts have been brought to the '~' attention of the Ad Hoc Committee for Pub2ic 1Vorks on the 1977 Street Tmprovements. Don Brown is presently on vacation ~ but should be returning in a week or two;and at that time, there shovld be a meeting to completely iron out and finaliZe ~ ~ these projects. A decision should also be made concerning the , HEA bills. ; ..~: ~. ~,_ . ~ . . _ , : • '( ADbITION TO SHOP ANA ANIMAL SHELTER ~ , , .~ ~~Plans and specifications are presently being prepared and are available for Council revieta at any time. ;~ . ' . . ~ .' RENOVATTON LIFT STATIONS Plans and specifications have been Bryson, and Freas. They are avail~ any time. This project is divided The materials for the project will at 2:00 p.m. The construction bid that. completed by ~Vince, Corthell, able for Council review at up into materials and labor. be bid on February 1, 1979 will follow shortly after ..`; ARCTIC DOORS AT AIRPORT TERMINAL <, `;> I --_,.,; Carmen Gintoli has completed the plans and specifications for this ' J praject. They have been approved by EDA and are available at City Hall for Council review. I believe that the Ad Hoc '.;`~ Committee for Public ~r'orks is going to review them at this upcoming ~ January 11, 1979 meeting. i ; . .. . ' . _._.,. . . , .. +~ . ... . _ . .. . , ~*rt.•~.--~ ', „.. i 4 ' , . 1 • i 1 -I ~ ~ ' ~ i~ Memo to John {Vi se . • Page 2 January 11, 1979 ~j ~ CEIP ENGINEFRING -- - .----,T .a~~., 'l~ed rorsi and Wince, Corthell, Bryson, and l~reas are making good progress on the seven different engineering projects using CEIP moneys. RENOVATE WELL HOUSE N0. 1 Yesterday I received preliminary drawings.from Wince, Corthell, Bryson, and Freas on the Renovation of tiVell House No. 1. It looks as though the engineering should be completed some time this month, and we will be able to go out to bid immediately thereafter. 3 MILLION GALLON ~VATER STQRAGE TANK City Electric, a sub-contractor from Rockford Corp., is presently working on the electrical and generator change order for the tank. HEA has a transformer that has been ordered for this pump house which unfortunately may not arrive until March 1. City Electric assures me that they will be ready for them at that time. AiRPORT ~WAY •-- STREET, WATER, AND SEjVER IMPROVEMENTS The State of Alaska is auestioning the location of where Airport Way ties into the Spur. Tn my original discussion with ~Vince, Corthell, Bryson, and Freas, I questioned whether the State would approvo this relocation because the Spur makes a curve at this point causing quite a steep super. I asked WCBF to check with the State before getting involved with the project. Unfortunately, a different division of the State is questioning this realignment. MISCELLANEOUS ITEMS We have completed and sent in an application for upgrading our Sewer Treatment Plant Operators. I have been approached by Glacier State Telephone concerning assigning house numbers to lots throughout the City. I have been holding off on this project as per your instructions. I believe the reason for this is to give the Borough a chance to complete their map on the City of Kenai. A form-type letter has been iaritten to each utility company in ~ the City of Kenai and to each design engineer for aIl the projects that we presently have planned for this upcoming construction season. This form letter briefly points out the project, its F~ location, and asks for joint cooperation concerning utility conflicts. rJ ~ Y' • ~ ~ /~ =y..... _ - - ...- - - - - ;~ a ~ ' " ~ Memo Lo John tVise Page 3 ~ January 11, 1979 ~ I have ttito pregos~ls from electrical contr~ctor~ in the srea concerniiig changing the mercury vapor lights on the Spur to high pressure sodium vapor. I would like to discuss these proposals at the Public lVorks Ad Hoc Committee meeting tonight if possible. Since the State of Alaska does pay a portion of the electrical bill on these lights, I have contacted them inquiring as ta their interest in participating in this program if approved by our Council. CTTY CREWS ~~~ " :~ ` .. . ~ ~-, The Street Crews have been plowing snow on the streets and airport, winging back the snow on the streets, working the snow back to the drainage ditches beyond the Iights on the Airport, making tow ropes, repairing Airport lights, ordering materials for Airport lights, sanding and grading streets with ice cutting edges, hauling garbage from shop and airport area, stockpiling gravel and plowing back the snow in the intersections. The Shop has made a new shear pin hooku~ for the wings on the . graders, replaced the starter in the Police Car, replaced a heater motor in a Police Car. made a new pivot arm pin for the AC Loader, repaired the alternator on the Cat Loader, repaired a broken snow blower head lift chain, replaced a battery in a Police Car, stripped the old paint off a Police Car hood and repainted it and the vehicle number on the roof. Repaired a heater and spot light and left rear window on a Police Car, replaced a starter in a Police Car, and performed regular maintenance on all City owned equipment. The Water and Sewer Crew has continued in draining the float plane basin, repairing fire hydrants throughout the City, reading water meters, checking lift stations and well houses, shutting off the water at the High School after their service line broke, washed and cleaned the tiVater and Sewer truck and continued with the operation and maintenance of {Vater and Sewer equipment. The Public Warks Department has completed and'distributed a small booklet entitled 1979 City of Kenai Public l4orks Department which contains the Planned Leave of individuals in the Public Works Department, the Routine iVork performed by the divisions in the Department, the 1979 Tentative Schedule, and the January Policy Statement. KK/jet ~ 3 -. ~~ ~ ,' ; ~ . ~. ~ '~y. , ~ ' : r. r: r .. ~ . ~~ ~ ; ~ i ~ F ~ /~ r _ _" ~.L~t. e LU-~r. .~r~. ,~ . ti ~ ~ KENA1 FlRE DEPARTMENT ~ , ~ C1TY ~~ l~~i~~B ~-~~~~-~ - . ~ ., . BOX 598 • KENAI, ALASKA 99611 ~ ,,~ .i ~ ' •~~Np,~ , ~ a Januatiy 3, 1979 Y ?l~,~T~:t • .. . ~;, TD: 3ohn Wise, City Manager F~N[ CNIE/ , F'RCx-!: W.A. Winston, Fire Chi~f I SUB~JDCT: DecemUer Activity Report ~ The month of Devember was co~arativly active over the past several ~~~~~ months. W~ responded to a total of 7 fire alanns arul 14 ambu2ance ~~ ' calls this month. Z'his represents a increase of 5 fire calls and a ~~ ~ decrease of 4 a~nbulance/rescue calls over last monrh. Z"he month ~ of Deo~nber last year showed 6 fire calls and 12 ambulance. The ~ fire calls consisted of 2 smoke scares, 2 el.ectrical wiring problens, ~ 1. utility pole, 1 auto fire and 1 structure. The ambu].ance calls involved 9 routine transports, 3 motor vehicle accidents, 1 dzug overdos.~ and the delivery of one baby by our II~'s in the ambulanoe ~ ~ ~ - with Dr. Hansen s assistance. ~ We conducted 16 fire aix? life safety inspections this m~nth and , made 28 follow ups. At this time w~ are attempting to consolidate all oode enforcement and initial inspections under one offiaer wurking prevention at least 3/4 of his tour and one firefighter ~ wnrking as part time inspector. The follav-ups and housekeepi.ng , inspectio¢~s are still cnnducted by the on duty shift. , We ~o~ducted a mini class on CPR and Basic First Aid pxnc~edures for ~ the Y.A.C.C. gzoup that Hras w~ll reoeived; Y.A.C.C. is also assisting us in at~ting to keep all hydrants clear of snow. ~ ~ We hav~ spent at least 64 man hours oai snav re~n~val araund hydrants , this m~nth, but it seems to be a losing battle. h " . ` '~~'~ Our training reoords sho~v 428 manhours of field w~rk atld 33 hours of '' ~~ classroan and slcu].1 sessions for the month of Deo~nbE+x. We have added "" tw~ new m~n to the Auxiliary program, giving us a total of six active ' volunteexs to date. ,. , ~. ;: ~ ,. .. .~~~ We have made sane interna]. reassigr~ents in an att~t to spread the ;:j. warkload mare evenly. We hav~ also initiated a new S.O.P. that rec;uire.> -. one p~er to aooa~any tihe ambulance on all motor vehicle accidents - this will c~ver us far potentia]. fire problems ar~d gas washdawns; it ~~'-~= also gives us acoess to all extrication equi.~xnent and more manpvw~r on ~;~ '~: scene. :,. ;.t ~~-~ t~ ~- L.~.~.~(.~c:~. . s. ,. ~..- r- ~• .. i~ . ' ~ ' -.,.,,.. ,,,, . -- - `~ lll:PltI27'I•i1:t~T OI' I'i)t3I.Z C Si,I~ 1~.7'Y . ni.vi.:;i.~.-1 c~f 1'i.i:~~ I'~-~,v~~-~i:i.on • ~ j T'.u:c ? 71 h ~ . ~ . ~7i~~~~~~,~u, nt,..;}:a - , CO:~;UI~ID;~'i'i;~ I•:U::'iitl,Y 1:~•:,~'Ui~T . • ~/ ry ~I - ~~~~ 1' } ~ ~ ' • Fire Department t;orii.h of ~?~, ],g ~Q •^_I~r,SSIFZC:ATI0~1 O~' isI.AR„S " '1'}iis~ 7,ast `~`~iis J•;onL-h `iliis Year Last Yea • 1;an~h I~;ont21 f 7~as~ 1'e~'~.r To Date TO D~rr :iow A2arizs ~•Icre Received: -'- -- sox ~ Teleuhone . -- Auxiliar . Total Al.arris ~?~. /.~j G G~o Z.S FI F~S ~i ~ r~ 0'rT ~ ~ r,l, In Bui 1Gin~c s / • 3 r y ~ y ?xush or Grass Ra`obish near Bui ].di.n Ru;~?~ish in Vacan~ Lo~ • ~ Lur~t s / ~ '~isc. Outdoor Fixes / / ~ /w3 . y / Vehicles in Street 3 Z ?_ / `' / T ~1~ota L Fi . res ~,,G ~~ . ~ ~ CALLS OTHER TNAN fiI12E ' ` Resru ~ e or . mer enc /3 / ~p ~ ~ / ~ Needl.ess calls n....; a~..~....,„•3,erY~s~s 3 . Z. L z~ False•Alaxms • ~ Z Total ~ / ~ . _. ~ Z DZRECT FIRE LOSS • This 2donth Sa.-ne 2~Ionth Las~ Year This Year To Dat Las~ Year Huildin Fire Loss .~ ~s~, e ~' (~1j Ta Date 7'~DO Tr il ^i ~ . er r re Loss .~. /o od 0, (03 ODO d DoO. Vehicle Fa.re Loss '• {}- ~ ppp, . ~ d ~~0 Volunteer Pa roll ' • . Persons Killed B Fa.x ?ersons In'ured . r r . ~~ , ~ . , . __ '~ , ~ . .- -. E_-..-, ~.., . . . ._..~._~. ~ :....~w.,. , . . _ . .~... r - -- -- -,.y:.:._ _. . .,. ~_... ._ .. ~. - ~--.-~ - , ,~ . : - --- . - - ~ :'~~~.~~~ ~ . ~ ! _ ~ ' • c~?:tl;I'S (i?? I'1';•: ' ;_~(?J_:~(JI i.i'~f':i"~_',, ~ ~ ~ .. _. .~ .____._. .. .___...~.~._._.-------_...~ .._ ._.. . . . . . __. 1'v*o. ui t•. ~ i 1i:LJ ~t~Itis :•;o. _~~i~_~_ _~~~.~r _c.~~ :;.:~ ~~ I•'o. Fs~~7,~~s ~ _T, ~,: _',~:~r_.. ~~ .~: • tvo. Fs~. ?.,c~r:~ Ciii~i~ne}-s,,So~~~ 33ttrning --'~ _ _ ---~-- .: - - - De~`ec~i:~e C~11i:~I~@yS ~ Fl~ies ~ ~' i..~ , j,^'~ Ovarheat~d Chir~;ne s Fl.ues (~ ~ ~>~~ ~ ~ -' St~a r;cs / ,~" ~ J~ De£ective N~atiers ~ ~ ~ ,.~, Rui~bi sI~ i~ear Heaters ~ ~ Co:~bustiUles Near Hea~ers 7 "- ~'~ / /\/ % ~ / Oaen Li.qhts, Flames / 3S0 IiOt ASheS .~ ' ~:..._ Oil Burners . Startinct Fires, Kerosene,l,. et . Care7.ess ~Si~tolcin ~ •~ '~ 7 ,:,~. Children with P,a~ches Careless Use of N,atches / O-. De£~ctive Electr5.c t~?ixin / ,3' /.5'O~!~ ~ / ~; A liances an~ tr~tors / U:~'-a / ... Home Dr Cleanin Flamma3le Licsuids (use of - ~- ~,c~, LaM s and Stoves Z ' ,O o. Gas and A Aliances Grease on Stoves s'po, S on~aneaus I nition • Fireworks .~- Thawin' Pi. es ~ / Z 7S'O, S arks fzom Machine = . •. Incendia . Mis. Kno~•m Causes. Z ~ ~" / ~ o ~ O. 5us icious • Urtk'nown (~ ~.a~0, lc~ ZSd, ~ Total Buil.din Fires ~ ~ ~ /DO GD~ ~3 ' S7~ g00, ~ r -- ~, 1 ~ ~ ~ , ~ ~ ~ ~ ; i' ~ . .~.o..~...... , . ._~ ~,._,_. _._. . . --~---~ -- , t):'C:IIi'i . :~.Y (;:~ .. it~ _.~1f ~:Ci ., - ~ {Tl;.:~.,,~.i'.i, i ; ~ ~ ,.. ~, ~ ~ .' :, r'• , ----•------_----------- ~ ~---~ 1'U3~lC liUJT,~~IITGS: - ..~._^~~~,i--~ ---rn~=~-~.~ -~'~_- --'._._-~--,. •- •:~ ..;._ ,,,~~,~~ _ri.li:,~ _;::CS •'I 7,p: - -- ~~ -.~.. _.. _ -_. ?,.esi~ Yca~~r t.n i~, .;• , _ I1),~ i`i. ~~~ ;~~ Y ,, f •c~ ~ n ~ ~;UVt?1_71'.1~~?~fTi:ll7. ~_i~lIZi.~ ` /~ , ~ ~ •~ _ ~ ~ _ Jio ,ui.i-~~i S c_nd Ins~it~pn - --- ---------- _ ..._ ~ .~. ~ ---f Sch~o 1 s _ + Cliur~li~s . _" . -~ - --- ~ ------- / / •:~- /,~ - / 1-~_~i~:~r.~ncnt: 131cIc~~. /'~ - --- I i . /9 Ut•JELLING OCCUPAIJCIFS: . Hatels ~ . Lou~inc~ Fiouses / ~ ~ ~lpartr:ients . f ~ ~ '~ ~}`7 ~ n~~ellin s ~ ~ ' ~ .? 7So '` Stores anc? ~- •:e] li /0 °%J~? ~~„~,,~ , . n s Trax].ers ~ ya0 ~~ ~00 S" ~p~oo p 2/iERC~NTIL~S : • ' Office Bui3din s Z g ? f ~J~ ~ ~ . Sma11 Re~ait S~ores - ' ~; Restaurants g ~ 3& / '~- , Larc~e Sin 3e Occu . rierc. J ~ ~ Z '~' ' ?~ul.tiale Occu . Nercantiles ~ 3 ~ Stora e v7arehouses . 3 ~ ' ~ e. NANUr^ACTURING ~ ~ • -~ ; ~ Texile, Fabric Ylorkers ~ ' i ~' rietal ~:orl:ers ~ ~ Food Proclucts ' Z ~ :-~;~ ~ ~ ' Cheraica~ ti~7orks ~ ~ . ,~. F? annable Lictuids ana Gases ~ . • ~ ~ .. tnUlti le Occu 1: ~ . anufacturin . ~ s~; ; ~'2~isc. I~anufacturin ' . a `~ ' ~~ ; t - , ~ . i?ltSCELL~,Nc^,OUS ELDGS. ~ 1 ~ Lu;~iber Yarc~s. ~ ~~ ~; ~ Railroad t-:fiar~ P ~ ~ " ~ ~ xo ert ~ i Bnik Oil Stora '~" e Z Z Public v^ara es a d Fi y ~ n I].in S~ations - t . ~ Pzivats Garaa /L = es ~ . ;` ~ l~.isc. S~ructur ' es ~OCO ` _ / r- ~ - _~ - ' ~I Total in $uxzainas F Y /,3?. ~ ~7' !DO (~~D, /~ a3 ~7c~o ~- • ~3 - 4 .17. 63.4 • ~ ~ . .t` , . ~ , ' . ' . - . _ . ~~ ~ -_-~- . -_- ~,. .. . . ;; ~;~ , ~ ~. . ~ - ` i '. , ~, . k ~ . {' ~~ ~ ~ ~~. . ', i . ~ , ~ ~ ~ ~ Y ; j i 1 ' ~ l' ' ~ T•r~;? .•,~, , . , , . ~. , , , :) ,. • .~--. .^ .. . ~ ... ~----....__._.._..__._ ~ :~~.:; ~ ..,i ; ..'~ . ~.' l-~~::f: ~~',~~i~ . •,. :, ., r. . ,. ,, (~i')l: i~~.'i _ :~ _ii.t'1.V:1~_ Oi ?__nt~'c:i'L7S.....__.. -- - f /•-•• + • '- ,~~ /~ . .._.. .'•Y_._n~-''. :': ~~.'•:'_ ~,,; i:;1 '::t?nrsu; ~;};c,:•s_._ .---~- ~ _ ....- -• .- ~ . --- ~ ~~. . _ - . , , . . .. . . -- --- - - . ... . . . . .. . . . . _ .,u..~.~.-•r:~::C :~:~ •? 1~..~~:5 c::~ 11~ ~. . t;:t C . i.'L' O 7 r~.1. Y C .I _ ..._...- •--- ... ....... ...~_---._.---- - . , i:tii:c..:,i•tC ;..,::-; ~1. ~• i~-~l.(3---- -•~j,-n-- -~~~ - ._....-- ----- ...... .. ....... ..._..._._..__._-- -• .._.. , ~ --"'~...~:_ _....-•.:•:. ._`~_'^'_.i .. iP1.Y.C.' (_ti :i __ ~_ I Ft~~--`-'~Y~~ti%'_.:';:~:'-~°:_~;~i.__tisirc~ ~ ~____. _.__. _~....._-~-- ----•.--• -•- ---.-.. .._--__- --.._.~.__...__. _ , }i):C~~:; ss _.<it)d~S;t!~v~?ls ~ 4 _ _ ~_..._.~ --~---- -~.-- -_`.'~__...._.....__. _._.~ ' T'-`~'~r'r~Scl_u;:ic~n_~~Lir.au~si~,~rs ___._._._-~I _ ~t~----- ---- __ _. ~ _~..~:..... ~r, . . ~~ a~wf~ ~h`3.CJ ~'~~~~" •• '~.~~'~~ F~+ .~...~......~~ ~~.~...~~.----.~ ; - Fo~n ~::{c~n~uishers • ~ C~-2 or orv-ci,e~.~i.cal-a~s i~nii:s • _ ~~, ~~ ~ '~-' O~l~er `i'~~e Fx~in~uis},ers _) - 1 inc]} cnemical or ',~aoster li~1e / ~~ ~ ~ ~~-~~~~~~ 1 ~~ /~ one .l~ inch :~ose lin~ ~ ~ T ~~ ~~j ~'" ~ ~~_.~_~~.. ~ Two or rrore 1}; i.nch hose Iines ______,_ ~~ ~'~~~ i'~wo or i:-~re 2% ir,ch hose 13.nes ~~ / ~ _,,,. O~her ~rui ~,:~ent . ~-= "' ~~~_~~ -~- -I--~-----._~~~ __-- ^otal Fares ~~ '~ 7~ . .... . IYPE OF BUILDING ~ ~ r^ires to Aa~e _ 7~s_es to Date ThS.s Year Las~ Year Tl~is Year i~ast Year Fize Resistive: , Refn~orced Concre~e Pro~ecL•ed Sfeel Fra~e `"' hot Fire P.esisicive: ~ Sr~cY. or Stone t'alls L -~- Iron C~ ad """ Concrete ~Iock or iile i•lal.ls L ~;-~ T..ood Frd~e r:ot Cl, ssi~xed 2 'ZO /GD, !~!~ jS7f ~:%o . --T°-tal Z Z ~0 6vo .; - Ex7osure Losses (number oF t?~e Above '~-` ' fires ~:.-~ich spread ico other buildings, ~ ?~ '~: ~~ ane~ ~ osses in these othez bu9.Idin s: ., `~ ~' ; _ :'ata2 Losses ! `'~'"' ~__~_~=~ xlnterior construction r.:ostly ~~ood or with unpro~ected s~eel r;~e.~lzer.s. c . ~~' i . - ~:'~ r3 - 4.17.63.3 . . , '~ • . • . _ ~I • . . ~ ,~~' ~ ~ ~ -~, "> . , at°, , t : ~_ . ` „ ~ ~.' • i ; k i ~ '_ " v ~ . . P , !~ ~ . i, r ~ ~; ~ r ~ JO i , ,! i ~ ~ ~ . i'. ., •~ f- ~. /' . ~ p , ~ ~k• ..: . ~ ~ r.- ,. .y;~_ . . ~.~r: ~r'-- r , __y . .. • .. ,..~:-ai '~ .. . ~ .., s '_ _ . _ __ "_ __ ' ' i ~ ~ ,• • . . .~ • • • • 1 '_ . . ~ }~or,r:r~;•? r;~ c;~* i;:~;~~~~~~~•r~~~:s : ~:n c,~~••~,:,~. •''-'---. ..._._ ..'~ ~:~ _~~: ~.!. ~?.. ~~~-. _.~ . :inber of Cases i;i t:~Iiich the _.ol?o:~:inc~ t•~ork e:as Dcne Thxs I:~n~h _ ~- _ I,as~ ?•;~rlth --- Tiii:; 1~~ar To n~+fie ~~as~ Year To Aaf~e n~.nections by iire De ~. ~ ~~ ! --; ~~-~~ ~j ~/____ 'onnlain~s Rec~ived o~aZ it~i.ns cctions 'i ~i] ~t• i c~t~rs l~~~iirir7 ~'i, f ~ -~ -~ ..'•."•. ..._..._..,_,~...._,,.,._. ~ """' - -- - ~ ~ : tLa,uc:3.c~:~:1 vl •'1'imu..L'r::sni:s,c3 'Y ~ =ota•ec~c--a~--1J-S:o.~,~i:~,on~ ~Y ~~t~ed -_iabi.li.tv_ ?~otices Served ~ '~:c~?at :?~ors--t'~:-`~•...ed . . ~ourt Actions xiisti~u~e~ .rrests t:ade ~anvictions • ~ ~ . 'ire Drx12s Sunervised . :adio 2a2ks ' • . :~her Ta27cs and Lec~uzes _ ota], `Auaience 'hoto 'ra hs Taken L S- / O ~ 3 0 3 $ ~ 'iJ.i~s Shocm 3 _•otal' Audience ' • . ~ ~ i i ~ ~ ~ . ~ ~ . . . , • USE OF EQUIPAIENT ~N ~= ~/L' %.~ , ~.... . 'eet of .Booster Hose Used ' .SO .S`O / ~ ! 4`" !SU -'eet of • 1'~" hose used 0 0 S` 0~ .~ 7 S`O ~( p D = eet of 2~ " hose used /j ~ ~ ~ ~ 'eet of=Zaduer raised ~ ~ 0 _ :a sa2va e covers s read ..~ r- . , . . . ! . ~ • , . . ~ . ~ • f . ~ ~ . ~ /~ ' ~ K}:NAI PIiNIN :UI.A BORnUGfI AGENll~1 FOR Tllli ItEGUI.AR ASSL'f~f13I,Y DtG~TING ' • llIiCF:Pi13rR 19, 1978; 7:30 P.Di. BOROUGfI AUDIINIS'1'RATION AUIJ.UING P. 0. BOX 850 SOLAOTNA, ALASKA 99669 -AG'ENDA- . . Page No. - A. CALL TO ORDER AND ROLL CALI. 1 • $. PLEDGE OF ALLEGIANCE ANll/OR OPENING CBREAfONY 1 C. SEATING OF NE1V ASSEDIBLYDtEAIBERS 1 None D. AGENDA APPROVAL 1 B. A1INtTTES: December S, 1978 . 1 Approved F. ORDINANCE FikARINGS . (a) Ord. 78•61 "An Ordinance Rezoning the Land ncoE mpassed by that Portion of Forest Acres Subdivision Located East of Maple Street -- and 1Vest of Spruce and Poplar Strects From (R1)•One Family Residential District to (RR) Rural One Family Residential District" 1 Enacted (b) Ord..78-62 "Repealing Chapter I0.08 of the oroug Code Pertaining to the Cook Inlet Air Resources Dfanagement District" 1 Enacted as • Amended (c) Ord. 78-63 "Providing Ponalties for tho iFf~'ng of False Applications for Tax Exemptions" 3 Enacted (d) Ord. 78-64 "An Ordinance Appropriating 5, 00 to the Bear Creek Fire Service Area Capital Projects Fund" 3 Enac'ted (e) Ord. 78-65 "An Ordinance Appropriating ' e e~d ra~ Antirecession Fiscal Assistanc@ Grant Funds to the School Diaintenance Fund for Salary and Benefit Adjustments" 3 Enacted • (f) Ord. 78-66 "Amending Section 5.12.I60 of t e oroug Code of Ordinances to Classify Mobile Homes and Trailers, and Permitting the Property Taxes Levied to be Collected in the Manner Provided for the Collection of Personal Property Taxes in the Borough" 3 Enacted ~ (g) Ord. 78-71 "Rezoning Lot 1, Block 9, • a a a eights (Part 1) Subdivision, ' • City of Kenai, from Rural Rasidential to General Commercial Use" 3 Enacted G. INTRODUCTION OF ORAINANCES (a} Ord. 78-72 "Transferring All Right, Title an~`Tc Tnteiest in the Real Property Known as Old Seward Iiigh School, to the State of . Alaska For Use in the State's Educational System as An Adjunct to the Alaska Skill Center at Seward" 4 Set for ' Hearing - ..N' -- ., . . __~=~= ~~~'; : ~~ ks ~ ~ ., • ~ ~. ~ (. ~ ~ ~: : . ~ /~ . ._~ ~..:_,... ~...t~.. .. . _ _ .____ _. _.... ._. . .-- - -~ AGFiNDA FOR AkCEAi13ER 19, 1978 paRe No, (b) Ord. 78-73~"Altering the Provisions £or • t ei`} Coinpensation of Borough Assembly Membors" . 4 Set for liearing ~ Ac AmnndP~i N. PUB I,IC PRIsSENTATIONS (with prior notice) - . ~ (a) Mr. Truman Knutsen; Aiitiquities Act 4 I: COMMITTEE R~PORTS .(a) School Board 5 (b) Cook Inlet Air Rcsources (Davis/Long) . (c) OEDP (Fischer/Dfoses) . (d) Finance (Hille/Cooper/Crawford/McCloud/ Corr/Douglas) (e) Solid Waste (Fischer/I~Iartin/Cooper) (f) Roads and Trails (Long/Corr/tiartin) (g) Ports and Harbors (Arness/Campbell/Ambarian) (h) Local Affairs (Campbell/Ambarian/Dimmick/ Arness/Cooper) (i) I.egislative Overview 6 J. MAYOR'S REPORT (a) Financia2 Report, November 1978 and Memo 79-38 Budget Transfer and Revision 6 . (b) Planning•~Memo Re: Ord. 74-62, Adopting ' and Medifying Various Comprehensive Plans of the Cities and Areas of the Kenai Peninsula Borough 6 K. SCHOOL CONSTItUCTION REPORT . (a) Furniture and Equipment List; Redoubt~ ~ • Tustumena, Sterling Elementary, Homer and Seward High 5chools 6 Approved (b) Memo 79-39 bfonthly Status Report on ~ : Various School Frojects . 6 L. OTHER BUSINESS (a) Ord. 78-60 "Providing a Uniform.Date for t e na Acceptance of Applications for • • Tax Exemption" (RECONSIDEItATION, Cooper) 7 Failed Recon- sideration (b) Res. 78-129 '•Provfding for the Nomination , o ert~in Lands for a Conveyance from the State of Alaska to the Kenai Peninsula . $orough Pursuant to the Borough Selection Act" 7 Adopted '(c) Waiver of Penalty and Interest; Parcel • 131-310-1100 7 Approved (d) Senior Citizen Request for tiVaiver of Time _ for Filing; Ted R. Benhardt and Zell Wright 7 Approved (e) Tax Adjustment Requests 7 Apyroved (f) Request for Return of Taxes; Seaside ' Developers, Inc. 7 Approved Af. MAYOR AND ASSEI~SBLY: COMAtENTS ANb DISCIJSSION 7-8 N. ' PUBL IC PRESENTATIONS ~ 8 None ' ~ , 0. INFORPtATIONAL MATERIALS AND REPORTS 8 P. NEXT J-t~ETING: January 2, 1979; 7:30 p.m. 8 - --. _. ,...:::..=a ~ 1 /, -, ,~. : - _ ~ ,,~ . ~ i ~ f ~i ~ ~ ~,~ u ~ ,~ ; 1 _ , ~ ~ .- - ~~:-.~ - = .. - ~=- - - - KIiN,1i P1:NINSULA liORUUGII • ,, DIINU'['IiS nF 1711i Rl:GI11,,1R A55fiDIBLY ~ili@TING D1iCliMt3tiR 19, 1978; 7:30 P.hf. BORUl1Gfi AUD(INI5'fRATION ]3UILUING 50LllOT~A, AI.ASKA • ' - A G Ii N D A- A. CALL TO ORDGR AND ROLL CALL The meeting was called to order by Pres. JoAnn Elson at approximatcly 7:30 p.m. PRES~NT: Assemblymembers Davis, Dimmick, ilouglas, Elson~, Fischer+~, Hille, Long, Dioses, DicCloud, Ambarian, Campbell, Corr; Atty. Sarisky, Admn. Assistants Gallagher and Baxley, ~inance llirector Barton, Public 1Vorks llirector liakert, Assessor 1'homas, Planning Director 19aring ABSENT AND EXCUSED: Assemblymembers Crawford 2nd Martin ABSENT: Assemblymember Cooper *Arrived late (7:SS p.m.) B. PL~DGE OF, ALLEGI1UiCE A~lD/012 OPENING CEREAfONY C. SEATING OF NEIV ASSEbtl3L1TIETiBERS (none) D. AGENDA APPROVAL . The agenda was approved as submitted. B. MTNUTES: December 5, I978 The Clerk called attention to corrected page S on the desk. This corrsction added the names of those voting to the last ordinance for hearing, 3rd paragrnph from the bottom of tho page. Atinutes were declared approved as corrected. F. ORDIN.4NCE H~AI2INGS (a) Ord. 78-61 •'An Ordinance Rezoning the Land nco~ mpassed Uy that Portion of Forest Acres Subdivision Located East of riaple Street and ' 14est of Spruce and Poplar Strcets from (R1) One Family Residenti.al Districti to (12R) Rural OnQ Family Residential District" ' The ordinance was read by title only as sufficient copios were available for the public. Public hearing tvas declared ' • open a;~d as no one wished to speak, public hearing was closed. ASSEMBLYMEMBER McCLOUD AfOVEll FOR ENACT6fENT OF ORD. 78-61 AND ASSEDiBLYMEDiBER DAVIS ~tOVEll TO MlEND THE TITLE TO "T1~AT PORTION OF FOR~ST ACR~5 SUBDIVISION IN T}iE CITY OF SES9ARD..." THE AA1ENIlMENT PASSED ~Y A UNANIbIO S OTE T lE ORDINANCE WAS BNACTED UNANIbfOUSLY. (b) Ord. 78-b2 "Repealing Chapter I0.08 of tha oroug Code Pertaining to the Cook Inlet Air Resou:ces Management District" The ordinance was read by title only as sufficient copies were available for tho public. ~l~ublic hearing.was opened. , - 1 - i' KfiNAI FI:NINSUI.A I30ROUG11 AS5EI~fBI.Y R1:GULAIt D1~~TINC ~fINU1'ES D}:cLrisr:x 19. 1978 pp~~; 2 DSr. }3i11 Switzcr, l~rocess Superintendent for thc I~enai Plant of Union Cliemicul Aivision, Unian Oil Co.~ stated his company is desirous of a single permitting authority for air quality COIILI'C1 an~ 5~'i0ii11 Li;i: :i~ I'.c:SJiiii.v5 itiau~tgentClli. G15tT1Ct bC discontinued, they forsaw no problem in working with the State. Mr. George Day, Manager of Chcvron Refinery, Nikiski, spoke briefly in favor of the ordinance stating there are adequate means of controlling air quality ~aith the state system and additional governmentai agencies are not needed. As no one else wished to spoak, public hearing was closed. ASS~AIBLYHSEM$ER AAIBARIAN DtOVEA FOR ENACT~IENT OF ORD. 78-62 ANA TFIEN MOVED TO MSEND THH EFFECTIV~ DATE TO JUNIi 30, 1979. Mr. Ambarian reported attending•the Cook Inlet Air Resources meoting in Anchorage last week tivhere this ordinance was dis- cussed. It was explained tlie June 30 date was necessary for an orderly transfer of authority. . Dfr. Campbell stated it was his understanding the borough had an agreement which would terminate on llecember 30, 1978. Mr. Davis reported the Commissioners asked the staff for recommendations on the effect of the withdrawal of this borough. He read a portion of the reply which stated if irithdrawal is immediate, major disruption would occur in the District program and it is imperative that provisions be made for an orderly with- drawal process designed to minimize the problems expected Lo occur. Several factors to be considered are contract provisions betireen the borough and the Diuni~ipality of Anchorage,•commit- ments~ the legal status of the District with respect to the Kenai Peninsula Borough during the withdraiaal process and assets bf the district. Because management does not know the fuli implication of all factors invo2ved in the separation process, detailed analysis cannot immediately be made. The current contract expires December 3l, 1978 and to provide for an orderly withdrawal this contract must be extended to some convenient date in 1979. June 30 is suggested. There are several commitments in force at this time that vary in length of time and activity. The largest is with the U. S. Environ- mental Protection Agency which stems from provisions for the federal continuation grant the Commission applies for each year. The grant will require modification to the June 30, 1979 date if this Lime is selected. The 1979 budget submitted by the District to the biunicipality of Anchorage was based on the premise that the District would provide services to the Kenai Peninsu2a as specified by the agreeraent. This will cause major disruption to the budget process because ali factors regarding bud~et changes are not known. The last commitment the Districi has is to the state. This~additional time will allow the state to coordinate assumption of respon- sibilities for the borough. The question of Aistrict assets mnst also be addressed because of federal requirements under the grant program. FOLL0IPING DSR. DAVIS' PRESENTATIQN, QUESTION IYAS CALLED ON ~'HE MiENDDffiNT 1v7iICIi PASSED BY A 75.83 "YES" VOTE TO 36.17 "NO". Voting against the amendment were Dimmick, Douglas, Hille, McCloud. THE ORDItiANCE WAS EyACTED BY A VOTE OF 85 "YES" TO 27 "NO". bavis, Long, and Corr voting negatively. • 2 - ~ ~ ~ ei .. ~ ,J,... 11 { ` i_ ~t ~ ~ ~ ~ ~ `"s ' ~ ~ ~ .. ~ , ,t . __ ~:__. _ j , ~ _ _-- . ~ ~ ;! ' _~~ - •~_ ~ ~ - - j . ~ r ', i . ' , ; r ,• . • ~ ~ 4 7 ~ ~' . ~ . 3 P e .~ . . ~ Y ~ ~ /~ KIiNAI 1'1:4I~S[II.A Ii01tUUG11 ASSIiA1BI,Y R1:GUl.AIi Dtlili'i'1,IG AiINU'1'IiS DtiCli~tlil'sR 19, 197$ p:t~e 3 (c) Ord. ~8-63 "I~roviding Pc~ialtics for thc Filing . ot !~-' uTse Applications for 'fax ~xcmptions" The o~dinance was re;iJ by title only ns copies were availablo for tho public. Public hcaring was ope~icJ; as tl-cre was no one who wished to speak, public liearing was closed. ASSL•I~fBLYDiEAtBER I{ILLE b10VEA FOR IiNAC'frtLNT OI~ ORD. 78-63 und reported the Pinance Committee has recommended a"Uo Pass". FOI.LOSVING DISCUSSION QUGSTIO~i iVAS CALLED A~A THE ORDINA:JCE ENACTED BY A VOT~ OF 103 "~'IiS" TU 9"hU"; Uimmick voting ",Io". bir. Fischer arrived at 7:55 p.m. and participated in the meeting although ho was not present at time of roll call. (d) Ord. 78-G4 "An Ordinance Appropriatiiig $35,004 to t e car Creek Fire 5ervice Area CapitAl Projects Fand" - The ordinance was read by title only as copics were available for the public. Public hearing was opened and when no one appeared to speak, was closed. ASSEMBLYMEDiBER AtcCLQ!JA DtOVED FOR ENACTAi~NT OF ORD. 78-64 AND THE ORDINANCE i4AS ENACTED BY A UNANID(OUS V01'E (121) . (e) Ord. 78-65 "An Ordinance Appropriating Federal nti~ion Fiscal Assistance Grant Funds to . the School Dfaintenance Fund for Salary and ~ Benefit Adjustments" fhe ordinance was read by title only as copies were available for the public. Public hearing was opened and trhen no one appeared to speak, was closed. ASSEDSBLYMBhIBER biOSES MOVED FOR ENACTAlENT OF ORD. 78-65 AND THB ORDIN/WCE IYAS ENACTED BY A UIvANIbiOUS VOTE (121) . (f) Ord. 78-66 "Amanding Section 5.12.160 of tho oroug Code o.f Ordinances to Classify rlobile Homes and Trailers, and Permitting the Property Taxes Levied to Be Collected in thc ~ianner Provided for the Collection of Personal Property Taxes in the Borough" The ordinance was read by ti~le only as copies were available for the public. Public hearing was opened"and when no one appeared to speak, ti,ras closed. , ASSE;1$LYb1~MBBR McCLOUD biOVED FOR ENACTbiENT OF ORD. 78-66 AND THB 1~IOTI01~ SYAS APPROVF.A BY A UNANIAfOUS VUTE (121) . ~ (g) Ord. 78-71 "Reaoning Lot 1, Block 9, Valhaila ~ e g ts art 1) Subdivision, City o£ Kenai, from Rural Residential to General Commercial Use" • The ordinance was read by title only as sufficient copies wero available for the public. Public hearing was opened and when no one appeared ta speak, was closed. ASSEMBLYI~f~MBER MfBARIAN bfOVED FOR ENACTI~IHNT OF ORD. 78-71 AND Tf1E ORDINNVCE 1YAS ENACTED UNANI2•fOUSLY. - 3 - ~ ~J 1 i` ~- ~ : :~-~,. --s- - - . . .. .. .. ,,.. . . _ _ ~_ _ _ _ --- - - _ - - ~,~ --- - --- _.-- -- --- - - ,? ~" ~~ KrNAl l~2iNINSUI.A BOROUCi! ASSL:dl3LY RFiGULAR Atlik:TING M1?dUT3iS DECFibiBliR 1.9, 1978 PAGIi 4 ~ ~I G. INTRODUCTION OF ORUINA,UCIiS (a) Ord. 78-72 "Transfcrring All Right, Title ~ ' ~,. an3~Ynterest in the Keal Property Known ~as ~ Old Seward Iligh School, to the State of Alaska For Use in the State's ~ducational ~ System as an Adjunct to the Alaska Skill ~ Center at Seward" ASSEMBLYAtEbiBER CA.~IPBELL MOVED TO SET ORI)INANCE FOR Fi~ARING JANUARY 16, 1979 AND THL'N DfOVED TO AMENI) PAGF. 2, AT THE END OF TFI~ "1Yf1EREAS" AT T1iE TQP OF TI~E PAGE TO ADU "ANU STAT~ OF ALASKA". TffE AAlENUbtENT PASSED BY A IlNANIbiOUS VOTE. Mr. Arness questioned the advisability of selling the facility for $1.00, commenting that even though the borough gained this building at no charge it has spent considerable money to replace it. • i c• , . - .. -- ( t.. : . . i ~ . ~' '~, ; ~ ~ - -_ ~ _ , ., --- -:t ~ _~ - ~ I I ~ I • - i I ~I There being reservations concerning thQ conveyance, ASSEbiBLY- AfEbfBER UIbf1•1ICK ~fOV~D TO TABLE 1'1{E ORDINANCE AND REFER IT TO THE FIN/WCE COhL~tITTEE. SdOTION FAILED BY A VOTE OF 66.34 "Y~S" TO 54.66 "NO". Davis~ Dimmick, Elson, Fischer, Hille, Long, Arness voting affirmatively. During further discussion Atty. Sarisky read a letter from the Comnissioner o£ Education, dated :Vovember 17, 1978, which stated in part, "In order to accomplish the transfer of owner- ship and thus allow the state to make the necessary improve- mRnts to the property and buildings to support the Skill Center program, I am hereby requesting that the Kenai Borough issue a statutory warranty deed for the old'Seward High School to the State of Alaska, Dept. of Transportation and Public Facili- ties" . QU~STION {VAS CALI.ED ON THE blAIN MOTION AS AMENDEb AND TtIE ORDINANCE WAS SET FOR HEAI2ING $Y A VOTE OF 103 "YES" TO 18 "NO"; Davis and Arness voting negatively. _• (b) Ord. 78-73 "Altering the Provisions for the omp~~on of Borough Assemblymembers" ASSEMBLYAfEDiBER HILLE MOVED TO S~T ORD. 78-73 FOR HEARING ON JANUARY 16, 1979 AND TIIEN MOVED TO A.~fENll TO DELETE PAEtAGRAPH 2 OF S~CTION 2. TfIE A,~iENbMENT PASS~D UNANIMOUSLY. T1iE AtAIN MOTION AS AUfEYDED PASSED BY A 13NANIAfOUS VOTE. H. PUBLIC PRESENTATIONS (a) Mr. Truman Knutsen Mr. Knutsen stated the U.S. Constitution states the federal government is forbidden to own land within the boundaries of a sovereign state unless they buy it. He did not believe the use of the Mtiquities Act was constitutional and cited numerous court cases relating to the act tiahich has been declared an improper Act. He urged the borough assembiy to pass a reso].u- tion encouraging the state legislature to react to the use of this Act. • Mr. Fischer stated a resolution will be forthcoaing asking the state legislature to do what Mr. Knutsen is advocating.~ . I.. C0.'~AtITTEE REPORTS - 4 - ~ ~.. _~ • i~ ~ ~ r. .. ff 1r ~ , i ., I ` j~ '~ ;, ' _. ~~ i J, -~ ,~ . , ~ <i =--_ : r~ ~ ~ ~ ;: :~ , ' ~ , ~ .., /~ ~.~^ __ -. ~._~ ' KI:~AI PF•.NINSULA BUROUGIi ASSGF1f~LY ItIiGUI.AR DtliliTlNG DIJNU'fliS ~ DIiCFiDiBI:R I9, 1978 YAGL' S (a) School 8oard (iio mootin~) {b) Cook Inlet Air Itesources (no report) (c) O~llP ~ Afr. Fischer reported a general committee mceting has Ueen held with representatives from all areas of thc borough. The econo- mic climate for the area looks good. A discussion took place concerning the inclusion of Ninilchik in tlie Ports and I[arbors service area. bir. Afoses reported Jack Roderick, Palmer, Farm fiome Administra- tion, was present and discussed several loan programs to municipalities and commercial loans as well as housing loans. hlr. Andy Johnson presented an interesting project on the insitu gasification of coal, which is the use of thc coal in its natural state. The coal is burned below surface and the resulting coal gas can be liquified. The federal governmant has funds available for expcrimentation with this and OLDP is looking into furthering the interest. One immediate use is for all electric plants in the U. S. which by 198A will be using coal. This coal gas is not.considered natural gas and it can therefore be used by these plants. D1r. McCloud requested that OEDP minutes be sent to the Seward Ad Hoc CommiLtee. • (d) Finance Committee Mr. Hille reported the;e was not a quorum, therefore no report. (e) So1id {ti'aste Committee ~ Mr. Fischer reported this committee will be meeting in late January. (f) Roads and Trails Dir. Long reported a meeting 3.s scheduled for January ?5 at 4 p.m. (A) Ports and Narbors Mr. Arn~ss reported the contract has not been returned from the firm which will be doing the work. A meeting will not be held until it is received. The committee has been collecting needed information on the water resources. (h) Local Affairs ' Air. Campbe2l reported the committee wishes to bring back at the next.meeting Ord. 78-52. The minority report has been presented and one amendment will be recommended by the comraittee. {York on the ordinance will continue in regard to puUlic records and there are some questi.ons for the clerk and attorney. It is anticipated it will be finished on January 2 at the next meeting of the Iocal Affairs Committee at 4:30 p.m. A solution has been arrived at where the legal dopartment will proyide some additional heip on the apportionment ordinance. Mrs. Dimmick stated the commitLee•also discussed the need for the borough attornvy to be prosent at the comraittee meetings, especially those reluting Lo apportionment. - S - . ._,. _ , . . .._ .~._..W ~ ~ r' '_Y _ :...-JN..\-. h. .. ~ . - r. ~1. ,., KENAI 1'ENINSULA }301t0UGfl ASS1i1~123LY R~GUI.AIi MfiE1'ING DIINU7'ES }_ DECEI~lBFiR 19, 1978 YAGE 6 • (i) I.egislativc Overview Prea. Rlson stated in the past th~ assemhly has s~prnintr~l a committee to keep abreast of Iegislative bi11s of particular interest to this borou~h and she will appoint this committee at tho next meeting. She furthor noted a memo from the clerk which repores the state's I.ocal Affairs Agency is setting up a teleconference conYCr in the borough building beginning January 15. ASSEMBLYI-1EbiBER AAVIS MOVED TO APPOINT ANOT}IER OUTSIAE CITY MEMBER TO THH LOCAL AF~AIRS COMNIITTEE ANA RECOMhIENDGD MR. FISCHER. !ie expressed concern over the fact that there are . 3 inside city members on this committee and only 2£rom outside ~ the city. Mr. Campbell stated in this case in order to provide equality 2 or 3 more will have to be appointed from the city. tirs. Aimmick mentioned if there are 3 from inside and 3 from outside there could very passibly be a Lie vote in committee. ~ Assemblymembers Corr, Hille~ Fischer and Aimmick supported the appointment of the 6th member. Mr. Campbell stated there could be no danger in this concept. Bach committee member has the duty to disagree and put forth a minority as well as a majority report in writin~. There will be points that will have to be thrashed out on the assembly floor. MR. DAVIS STATED SINCB THIS SEEMS TO BS CAUSING CONCERN~ HE WOULD WITIjDRAj9 THE bi0Ti0N BELIEVING IF YOU HAYE A COAlbiITTEE SYSTEM, YOU SHOULD HAVE SObIETHING PEOPLE ItESPECT. ' J. MAYOR'S REFORT (a) Financia7. Report and Memo.79-38 Budget Transfer ASSBMBLYMEDS$ER tiILLE hfOVED TO ACK,~IOWLEDGE RECEIPT OF THE NOVEM- BBR FIN/WCIAL REPORT AND APPROVE D1EM0 79-38. VOTE 19AS UNANIDfOUS. (b) Planning Memo re: Ord. 74•62, "Adopting and Modi£ying Various Comprehensive Plans of the Cities and Areas of the Kenai Peninsula Borough" Provided as information only. There was no discussion. K. SCHOOL CONSTRUCTION REPORT ~ (a) Furniture and Equipment List; Redoubt, Tustumena, . Sterling elementary, Homer and Seward Itigh schools A5SBMBLYASERiBER FISCHER DtOVED TO ACCEPT THE EQUIPAIF:NT LISTS FOR REDOUBT, TUSTUMENA AND STERLING ELEMHNTARY APID FiOAiER FIIGH SC}IOOLS. VOTB 14AS UNANIDfOUS. (b) Memo 79-39 Monthly Status Report on Various School Projects Dtr. FIakert reported this status report is to provide informa- . tion requested by the asscmbly and he would answer any questions relating to the school projects. rir. Campbell asked how the lights/sound project for the Seward High School is progressing. . - 6 - ~ /` ,_._..._, .... rr . , r~------ _... .a _ _ _ ~.... _____ - - - - - - ~ ,, ' . RL•NAI P1itiINSU1.:1 1t0120UGtf ASSIiAtBLY REGUI.AIt A1~liTING ~tI;~U'1'IiS ~ , Dl:Cli~flil:R 19i 1978 • ' PAC;ii 7 _ - 6tr. ilakcrt bclicveJ that nll of thc f.ixtures havc bcen recuived ~ and tlie project slioul~i get uiider~aay soun. Tlie cotttract was . tirritten tirith a cumpletiun Jate of Jliiuary 31, 1979. [ie stated there is no sou-id equirmcnt invulved i~i that contrac:t; this . • ~aould h.zve to be purchlsed by the school district independent of thc lighting project. Tliere is samc conduit for wire ru~is, but no sound equipmen*.., Afr. Campbell requested ~n update on .. the Seward Lighting pr~ject for January 2. i Mr. Nakert described the damage at the Sterling School from . a fire last wcek. I.. OTHER BUSINESS -, :• ;~ (a) Callup of Notice to Reconsider Ord. 78-60 ~. "Providing a Uniform Date for the Final ~~ Acceptance of Applications for Tax F.xemption" , ASS~hfBI,YAtEDiBER CAMPBEI,L DIOV~D FOR RECONSIUERATION A(3D T'HE R~CON- -: ~ SIDERATIOIv FAILED BY A VUTE OF 54.17 "Y~S" TO G6.83 "NO"; votin~ ~ in favor were Davis, Dimmick, Douglas, ~lson, Campbell and Corr. ~ (b) Res. 78-129 "Providing for the Nomination of ~ erta~in Lands for a Conveyance from the State of Alaska to thc Kenai Peninsula liorough ~ Pursuant to thc; Borough Sclection Act" ~ ASS~DfBLYA1EMBER MiBARIA,~t ASOVED FOR ADOPTION OF RES. 78-129 AND '~ THE RESOLUTION WAS ADOPTEll BY A 94 "YES" TO 27 "NO" VOT~; Davis, t Douglas, and Arness voting negatively. { ' : , ~ (c) SYaiver of Penalty and Interest; Parcel I31-310-1100 ' ~ ; ASSLMBLYDtErSBER LONG AtOVED TO GRANT I4AIVER OF PE\'ALTY AND INTL~RBST ~ FOR SUBJECT PARCEL AND TFiE DSOTION 1YAS UNANIbfOUSLY APPROVED. ~ (d) Senior Citizen Request for i4aiver of Time for Filing " 4 ASSEMBLYI~SEAtBER CAMPBELL D90VED TO GRANT {9AIVBR OF TTHE F012 FILING f '' ' FOR TEb R. BENIfARDT AND ZELI. WRIG}1T AND THE DIOTION WAS UNANI- ~ i hIOUSLY APPROVED : ` / ;~ (e) Tax Adjustment Requests ~ ': Ii ASSEDiBLYMEMBER fIILLE AIOVED TO APPROVB TfIE TAR'S AS PRESENTED ~.:~ t~, BY THE ASSESSING DEPT. A5 FOLLOW5: ~ ~ ` ' ;~ ~ ~ ~ ~ ' ~ 1978 beletions ~ 9,755 ~ °> ' 1978 Additions $ 9.755 ~ ~ ~ ~;'~ ~ _,k ,.~ 1978 Deletions ~ ' ~ $44,740 , : 1978 Additions $30,500 ~~~' .• ~ j VOTB FOR APPROVAL Z9AS UNANIAfOUS. ~.a ~: . ., • ~ 'i ''~ + ~ (f) Request for Return of Taxes; Seaside Developers ~' !. t ASSEMBLY~tEMBER btcCLOUD AtOVED TO RETURN TAXES TO SEASIDB ,"-- DEVELOPERS AND DSOTION PASSED BY A VOT~ OF 112 "Y~S" TO 9"NO". ,;~_~`- Davis voting negatively. " Di. DUIYOR AtJD ASSEMBLY: COAlMMENTS AND AISCUSSION - -- ~ `' The Clerk reminded those people who ran in the Uctober election that the December 31, 1978 Campaign Disclosure Corms are due shortly. ' ~ ~ " ~ ~ - 7 - ; . . _ ~r j. ~- . ,- c. ~ -~- - - - ~- ---- : ~ 1 ~ ~ ~ /~ KkNAI PRNINSISI,A IIOROUGII ASSEMBLY RIiGUI,AR MEIi1'ING AtINUTkS DF.C~MRbx 19, i978_ . __ PAG~ 8 ": I Mrs. Aimmick requestod a meetins o£ tho assembly with the local ~ legislators pr..ior to their departurc to Juneuu. ~ ~ Atrs. Dimmick also requested the attorney to provide an ordinance ~ that would set out some approval of a contract when borough 1 monies are to be expended on an item which does not require a ~ bid procedure or the sort of set up that hus been used in hiring , consultants, by a borough officer or attorney. She did not want to specify, but recalled oceas:ons in the past when some- ~ thing has been buried in the budget and once the budget is approved that money is expended without further approval. : Dtr. Davis reported that he hoped by the next meeting the sound ~ equipment in the assembly room could be improved. Ne has had , nu~aerous phone calls about the poor quality of the broadcast. { _ ".. Pres. F.lson requested excused absences for biessrs. Martin and i • Crawford. There was no objection. Mr. Campbell stated by reading the memo from the Planning Dept. ~ it is obvious that thero are some problems with the zoning ordinances which will need the cooperation of the assembly to ~ resolve. The present situation is causing an angry constitu- ~ ency as well as exorbitant legal fees for the cities. N. PUBLIC PRESENTATIONS (none) ~ '~~ 0. INFORMATIONAI. MATERIALS AND R~PORTS ~ ," ~ Pres. Elson noted minutes from the school board, the AML Annual " business meeting, planning and plat committee as well as Bear ;~ - '~ Creek Pire, Nikiski Pire, No. Peninsula Recreation and Central ~; ,, , Peninsula Hospital Service Areas. There was no objection to ~ renewal of liquor Iicense for Seven Seas Restaurant. i '! ."; : P. NBXT MEETING: January 2, 1979 at 7:30 p.m. ~~+ . . •. Meeting ad journe d at 9: 2 0 p.m. • 1 ' • ~ Aate approved Januarv 2, 1979 i ~ ' r r ,. ~ . I ~ ~ ~ 1 ~. . ~" • ~ son, Assembly president + ~~ t~7:,:: ~ '; ~~ :z '~ _ . : ; . , ATTESTs • ~ ' ; ~ ; .~,.-.. ' ~ ~ ; ~ ~ - r. ~ ~}.~ "r -~. Sorough C erk ~ ~ . b= - . -- = : ~ ~~r._ _y , ~ -- ~ • ~ • . . - 8 - • . ., : , ; ,, . ~ ~'; ~..: , '. ~, . . , , -:,` ~~. ~,-: ~-_ . ~, ~` . . ~ ~_.'. . ~ ~ i ~ .~': ~„ ,. ~. s ~ -, - - IN ~ , ~ ' . ~ ~~ , , ~ ~ /~ . R .. ....-.. ,i....__.. _ - -- -- --- - - .._..-•" `"~~ ~u~:~_...a. .:SQ:~ i " ' ' . ._.. . y~~s~a a:i~.. ..~.~c.at. •. . . ~ . - ~. ,r.~._.a.. .~s.~. ' ' ' " _ __'- `~'Y"' '___._'_ __'_"_' ' ,- ,-~ ~.~ . .. . . ...... .-....:... . ...... .. _ ..__~.~.~..._.~~.~,_.~~~ ~.. . .... _. ... . .~.~~~. . ~ ~.....-.arY~.e..~...~~. +rrr.^.~-~...n~+--_+•--a-. ._ ...._. ~ ~f J ~ l ' ,,:~' - . , '~, . ~ ~tizui ~vnirrztirzity _.L'EGc~zzt~ If -,_., ~ A PUPItC LIBRAHY IN f,F.RV~CE GINCE tA48 r . , , I BOX 157 . 4tFN44. ^.L,.^.~KR ~~G!! . ' _ REPORT FOR `PHE MONTH OF DFCEMAER, 1978 , , Circulation Adult Juvenile Easy Books . Fiction 789 301 g68 ~ ' Non-Fiction 982 85 113 i ~ Total Book Circulation 2$38 , Films, Phonodiscs, Pamphlets, Periodicals 260 ~ ' ; Total Circulation 3098 . . '; Additions Adult Juvenile Easy Books Tota]. ~ ~ . Gifts 33 -- 31 64 ' Purchases 94 lk 54 162 ' Total Book Additions 226 ~' Phonodiecs 1~ • Total Additions 2~0 , , ~ T ' i Remedial and Re-worked Books Adult Juvenile Easy Books Tota1 ` ; lio 3 6 Zi9 I ' ~~,~~~ i '. Interlibrary Loans Ordered Received Returned + • ~~ ~ ~ ~ . ~ Books 37 19 21 ~ , - , Phonodises/AV 48 19 20 , .~ f ~ . '~, Interlibrary Loans by Our Library 6 , ~~Fl: ' r ~ Volunteers . ~~ '~r,;' ~ Number 31 ~ ' ~. , . `' `,~ ~ Total Hours 323 i '~~ ~ .. ' ' { "' ` Iucome . .y ; ;~ d . ~-=-•'-~- Fines and Sale Books $3~+7.15 I,ost or Damaged Books 17.45 I-':~~,r~`~. ~ ~ Xerox 66.25 ~; ~ Total Income Por December $b30.85 ~~;,` : =- r,: ~ . -~~;~ . , , ., , . ~ - --- ~ ---- .- -.,- -~-~-~._-- ~ ' : . ~~ ~ i'I ~~ t . ~, ' o ~, ~ ~,+ : '; ~ ~i -.~ , + ~~, . ~ , ,, ~ ~ ~ ~ /` ~f -' :i ~ ~r.:...i. - - .r.,. ,-~. ~? ~ ' f. i DO Ke ' No ~ So CI St Ka To ~ t` `:; : ~; . , ,.' . u `i .'r~, ~~i. ~ "^ :~~ii j4 ;. s< ^ f.: ~ ~... . ~ .~ .~ ( _ . 1t.., . - ~ - - . -~.-.. ~ 9~- . . . .~ ~ , . f . ~ ' • a.'- 3::._ _._~.....e.r~_~~__+-.~.~._J•+-~~,_. _---J-_ ~ ;(' , ` ~ , ' f,, ~ ~ ~ ~ . ~.. ~A}' 1 , ,j ~ 1 ~ r I 1 • _ k~ .i . ' ~ ..~Y.'.: ~ F~ '1 ~ ~ ~ i ~ ~ '~ ' ~ i 1 _ ~ ~ " i ~ ~ ~ RROWERS CARDS ISSU~ED DFCF~MB~,'R 1978 ai 5~+ th Kenai 23 ldotna 25 am Gulch 1 erling k silof n r 4 tal carda issued 111 ..• __ - - . ~ ~ . 1 \ i ~ . ~ ~ .. - ~- _ I ~ ~ ~ ~ l~ ~ ._ .:.~. -~:._ - • ~ ._...~,... .. : ~.,.a:. . _ ~.. ,~.... .. __.. f ..." , .. . . _ _. .. _ ..__,__ . .____~___.._~. . .. _ - - ------ - ----- _ .. . _ .. . ~ - - - - ~- . . - --- _ _ . _ . ... .. .. ,_,. ..._ . -- - - - , ~ - - - - - ' ---~.~---~_ • •7, i, • CITY OF KENAI ' ~ . " CITIZEN PETITION MONTHLY REPOItT ' ~ ' • ' ~ '~' ~ • f ~ , ' . • DATH . ~ # ,' j DATE DATE INVEST. CITIZEN (} ~ 1:,i.~1E RECEIVED SERVICB REQUESTED COA1PLHTED NOTIgIED DEpARTMBNTAL REPOAT , Don Armstrong I1/28/78 '~Streei in dires need of plowin~ as . 12/1/78 ' Street has been plowed. ~*? ~ - K~ t p r h aa n e r 1 arP r e o.. F q t hn~ ~ r ~ ! - - . ...... . .. ~ : - , . . • ~ . , . • . .' . . ' . :~ . , , , ~r- ! ~trs. Sorenson '12/6J78 . . Plow~dumped snow in~front of rqd • 12/6/18 '. ~ , , . , ' Snow-has been removed. .• building on Bluff--Bay Arms. • ~ ' • ' '~i"1 ~ J . Last ycsar was on opposite side. . • ~. . Chance Rewolinski 12/I1/98 , Road by Jr. High needs grading . 12/11/78 ' ' • . Street is being plowed. but . ~ badly. . • . ' , the road is fro¢en. _ . Gary Love 12/12/78 • Birch Street needs to be widened~ 12/12/78 •' . The~street has~been plowed - ' as there is no room to park on ~~ ~ .. off stre8t parking is required. ' . street. • ~ , • " . . ' • , , • btrs. McKecs . ~ 12/18/Z8 Maple needs to.be plo-+ed.and ~~•• 12/19/78. '' "~ Strcets are being pTowed as time I ' ' widened. . ~ •~ :• ~ . ' •• ~ ' . • , permits.. . . '. . . i Alice Graves . ~12/18/78 .Grader pushes snow $ iCe into drive•~ 12/18/78.~• . . . ~. Both ice and snow have to be . very difficult to clear $ have . ~ , , • ~ ' . .. . , remdved from roadway'. ' . broken snow biower. ,' , . . . , ~ ~ ; ' . . • , , i , ~• D nnis Ostrander ~ 12/18~78 , Sirawberry Road~needs to be plowed-~. •12/22/78~ .. '~ . This is IL~amna SL.-too much snow ' I ~ 'grader stop~ing and only goir~g '. :• of driveways,>into , ' was plowed out t w • . • street fox grader Lo move. ~ . .par ay. . . . . • • ~ ~ ' • • , • • sent loader,out to clear it:y~, ~ . ' . . ~ .l;,~ ~ir. Cronca 12/18~78. ~. 8rader just plowed Ilighbush but didn't 12/.22/78 • .~ .;• •The City ~oes back and does~t~e $ " . ' do a good job ~, didn't go far enough ~_ .' •~ ~~ finish work after. al l roads :bave, ' down thc road nor did he get close • . ' been initially opened up., '~:'• ' • : . . enough to the mailbox. ~ .' • • • . , . • '~'~ . , , . . .. . •. Lorrie Carter 12/19/78 St~rling Street getting.more snow g, 12~22/78 ~~.. .~ ~ Talked to her and will replow:, ~ higher berms in her drive~than her • •~ ~ . street. ~ • • ., , . . . neighbors. • • . . '.. • ' ~ ' ~ . • , Lee •12/20/78 . Requests thai'something be done about 12/27,/78:. • State maintains the Spur Highway. ~ ' • .snow being p~},ed so hi•gh along Spur. • . . , ' . .. ' . . '• `'.• .. ~ • •• . •. ...... . . • . ... ...~• .7•...,. ..• .:~ ..,., • , . ' '. . . . , '~- - - , ,. , ,. .. . . . . . . .. . _. . >~ :~• . t. ~~ .. . - - -- - -~.:.~:~.~~...~~.__._'~~_:.~_,_._. --- ___.,:-~F_--- ~•~ r j ~ ? ,• ( I ~~~ 1 a /` ,__ ~ . - ---- ~ --- . ....~:.,-.~~ . . ._~.~: ~._ ..~.. - - - w: ~~ - -_ -- ---- . _._- --~--.- -- ~~ -~K = - ~ ~~ :~ - ---- -- - : - ~,; .~ . . . ~ • CITY OF • . KENAI -_----• ' ~ ' . - ---_ .--_- • . ' ~ . i „ ' • ~ ~ CITIZEN PfiTITION MO~THLY REPORT . . ' ~ • • 4 ~ ~ # . . . DATB . . ~ ~ . ~ DATE ~ DATH INVE~T. CITIZEN . ~ .':n.'•:£ , RECEIVED SERVICB REQUESTBD COMPLfiTED ~ NOTIFIBD DEPARTMENTAL R$PORT .$ob Bielefeld 12/21/78 '.4hort taxiway - berm left for two 12/21/78 ~ Plowed intersection of A-1 and ~ dnrs, can onlv eet sinele enoine . n_s . .. . ~ ~ . . ' plane.by, , . . . . . . ; • . , . . , '. . Steve Williams '.i2/28/78 ., ~ lYhy aren't fire • . hydrants. dug out . . f~ .. 12/28/.98. •~ ' . •• • ~ ~ r Crew~.is presently' d~gging ~. ~ '{~~ ~ . • why aren't they poled. .•• , ..' ' • ~, ' hydrants out:Should be in his ~~ v . • ~ ' . • area sooa. ; . Roy Juliusson 12/29/78 ' OvesTand Street i-eeds,plowing. . . 12/29/78 ~' : Plowed al•ley which he was • ~ ' . . . . , • • ~ . • • ' • . . • referring to(not Ov,erland) . . . : .. . . : . . • . . ~ ' ~ . • • . . . ~ . ' . . • . ~ ,' .. .. ,~ : :~:~, ~ ~ • , ~ '. ' . . . • .. • • • ~ f f ; -• ~ . . . . . . . : • , • . •. ' ; ~ ' , . . . . i . . . . . . . . . . •~ . - • ' • ; .. . '' . ~. . .... '. •• ' ~; i . • . . •. ~ . . . . : .. , . . . . : ... ... ~. ; . . . , : . ~ . # • . ~ • ~ ~ ," • • . ~.' ..' ' : •..: ..'.. . :.. . ' . .• ~r~ ' ~ t • . , ~ . ' ` ' . . ~ . ~ • . . ' . . • ~• •: . ' ~ ~ . ~ . . . • ''. f ~ . . ~ ~ . • , ,' . : ' .. . . , . . . .;` ;; . . . . .: • . , : • . .. _,.._ ..__. . ....., .. . . ., ..... . , . . . •. . ~ - _ ~ 1 ~ ~+ rj /, . ~ ~ ~.~,~_~ ~ rTl~ . ...""~ _~"~ _ w..M.A-" _ {if.a:...~..~..._»...~-__,___M. -~- ~ CITY OF KENAI CITIZE;1 PETITION b10\THLY REPORT . , ~... I . ~ ~ DATE ; ; DATE DATE INVEST. CITIZEN { '. ~A}SF RECEIVED SERVICE REQL'ES'fED COPIPLETED KO'fIFIED DEPARTD;8NT,1L REPORT ,; Tom Dfanson 12/1/7R ' l.o~t Dinlc Choc. I.ab K:~si lof. 12/1/78 I.o~t 110}; l~ilc. ~~ 'I Linda .larvi .' 12/1/%8 .~ Neighbor's dog. look§ .t~rved to . 12/1/78 4hcck~~ci out rey>ort. f~u~; M.~ ; ; scriou~ly ill whcn ttiry go~ ,,~ ~~ n ~ ~ ~ , ~'• .. -,, ~' ~ . . . • . depth. . . ~ . • ' , : , . , ~ it F, coulJn't nursc it back to • '~ ~ ~ ' ' . . . • • • .. . hcalth, . ~ ^~Bonnie \ichols 12/1/78 Lost Collic in CarrS ~tall. . 12/1/78 .'. ~~ Lost Dog rile. ~~ ~ Arlene Bostwick 12/4/78 ' Lost black dog-looks like Cocker. ~. ' 12/4l78 . I.ost Dog~ File. ' ~ •. .. Katie Lecs 12/S/78 . Lost black pooJle, Lamplight Road. 12/S/78 ~.• :' Lost DOg File. ' Kathy Aaniels ' .12/I1/78 Lost female Bull Terrier., Peninsula , . 13/11/78. .•• . . Lost Jog file, dog later found • by owner. • Street. • . . . . . Ron Smith . . 12/11/78 lias stray was~to have picked upr ~ „ . ~12/11/7.8 „ . , lVent to pick up the dog and. it was gone. , ~ ' Susan Carr ' 12/I1/78 ~ ~ ~~k.ost Siamese/tabby, l4alker Lurie. ~ ~ ' 13/11/.78 • . ~ Lo'st Animal File... '. . Sandra Schroeder 1Z/12/78 ~ ~ ~ Has stray dog she vants to~bring •i.n. '~. ~ ' •12/12/.78. ~ ' tVildwood outside City Limits . ~ and can't take dog. ' Wildwood. . . • . : , . . , ,~ ,~, rirs. Mitchum .12/12/78 Stray kitten, Candlelight Drive. •,• , • ~I2/12/78 , , . Picked u cai: ~ p _ ~ ~ . Tony ~t:;ler , .. 12/13/78 ~ . Lost gray poodle, Upland Street. ; ' 12/13/78 . ' ~ file. . •;~ :. Lost Dog : -, Mary Ann TweeJy 12/15/78 ~ ' • Lost German Shephard. . I7/15/78 ~' ~ `~ ~ ' Lost Dog'File. ' • •. ' •:•,. • ~ Grant Allman • 12/18/78 . i.ost maIe flusky, Cyprus Arive. .• ~ ~12/18/78 ,._. Owner claimed dog at shelter;t: •: •',. Etrs. Dave Brown ~12/19/78 ~ Lost gray•inale poodl•e,;Yalhalla Hgts.' 12/~9/78 .:. ,' ' Lost Dog File. , .' Mrs. Langston it/I9/78 ' Has stray cat'to pick up, Centzai Hgts .:12%20/78. '••~ ' Picked:up cat. .!• ~ ~Iilber Dinger . 12/22/78 ,.Lost female Elkhound, V.I.E. . 12/22/78 .. Lost Dog Fiie. , . • ' , .' ` ,. . .. . ' . . : ~ . . • ,. , . . . . . : • :,~. . , ~. . . , . • • ' . . . . . k1 ~ -~ ~~ . 1 /, , - - - _ _ ...., . _ x~. _ . . - ----------- - - . _ . . _, . _. • .__ . -- - •, r ,; " CITY OF KENAI , • . - • . • r ,.~ • CITIZEN PETITION MONTHLY REYORT • • • ~ ~ . '~ ~ , ' ~ DATB ~ , ' ~ DATE DATE INVEST. CYTIZEN ~ ' { _._ .~... :~ "'° REC~IYED SEFVTCE R~QUESTED COMPLETEA NOTIFIfiD DEPARTMENTAL REPORT t < ; ~ Rev. Betker 12/22/78 Three dogs running down Porest Ar. 12/27/78 ~ Patroled area - no dogs when ~ ; ~. ~ ~ arrived. . Charles Ross 12/23/78 .;•Pick up abandoned dogs. . 12/23/78..~ • ~ , ~ Unauthorized to pick up ~strays ~ jr~ ' +; ~ ' • • ~ • • • on weekcsnds.'• ' ' ' ' ~ ` P~ky Thompson 12/26/78 Pack of three dogs running loose ~ 12/26/78 ~• .~ ,~ iVill patrol each day. • ' ~ ~ 1 , and creating a nuisance. , . , , ' Central Ileights. . . . • ' ' \orm Blakley , . 12/27l78 Pick up stray dogs behind store ' 12/27/78 •, ~ Picked ug do~s. ' • i ~ ~ _ , ncxt to Posi Office. , , ,• ~ . ~ Carolyn Nicholas ~1,2/28/78 Irish Setter keeps getting into• 12%27/78.•~ .~~ She wili contact the she~ter ' ~ . , • her garbage. ,, , • . •. ,. • the next time the dog is in her ~• .~~~ i - ~. , . .. • .. . yard. ~ . ' • ~ ' . . .. . • . • • .•' . , • • ' ~ f`; ~ ' . ' ~ ' i ~ { ~ ... "1 . . • . • . ,~ • • , • ' . f ~ '" 1 Si' j ! ~ ~ . • • • . • ~ ~ . '. • ~ • • • , ~ ~ ~ I I ~ • . . ' • • • . .. . . . ' . • • . i s ' ~ I . . • • • • . . . ~ . . . . • - ' . ~ ~ ~ ~ . I .. • ' ' . • .. . . L , . . s~ , ' ' ~.f. ~ ~ . , : • . ~ . . • • .. . . . ~ . .. • . . • •• ' • • • • ! y• . ~ I . , . . • , . . . ' . • . .- .. . .: .. . , • . : : . . . •, . {{ t f ~ f I 1 ~ ~ , ' ' . , . . ~ • • • • , • . ' • . • ' ~ ~ ~ ~~., ~ li S • • • J : ~ -~+~.~+.~.r • ~ • ~ • . . ~. . . . . ~ . . r ~ . • . . . . . • , . . f . ~ . ~ .. ~ ~• . • ~ . ~ • , ' . • ~ I ~ ~ ~ . . . . ., ... . , ~ ~ . . . . ~ ' . - r . . ... ... ~ .. , . I /~ . . __,:., „ . - - .....~. ANIMAL CONTROI. REPORT DESTROYED D.~O.,A~ 24 13 ADOPTED CLAIMED ~ 5 8 ------- ----- - - -- ---- -- ----- - .~z-=~~._.,._.____h-_ t,~r_~~~ _. - _.~:=.~------ /~ . ~ ~ - - ---_- - - - -~ ~-- - - - ~ -- :..:.,... .. _._,..~ _ ~uL.,.~...: ,a.,y:~,.. : . ... ._ ._ ., - - - - ~ ~~`_ ~ ~' - •' I ~~ '_ ~'~ ~r-7 ~'r~~ ~ f~1 f • r-1 ~ f , ~~ , , } I ': j ~~ ~`". I ~ ~~: 1~ J '~ ~'~ ; i ;;• IAP S. NAMMOXD, 60VfiPNDR ;~- .. ~__... _ .. . :~ I Dlyl'T. t)lr Ct/.~i.1i[JA'1TY 8c A[~s'GIUNAL AFFAig~g ., OfflCf Of INf COMMlSSIONfR iOUCN B- /UNEtI/ 99B1J ~' January 9, ~97g CERTIFIED/RETURN RECEIPT REQUESTED ~ ~ the Honorable Vincent 0'Rei]ly ~ ' f+iayor, City of Kenai ~ P. 0. Box 580 .__ Kenai, Alaska 99611 , ~ Oear Mayor 0`Reilly: Pursuant to AS 29.53.045(e), this letter serves as notification that I, Lee McAnerney, Commissioner of the Department of Community and Regtona] Affairs, have determined the population for the City of Kenai to be 5,364 as of June 30, 1978. ~: ; Sincere]y, - ~ ~.a.tit`~ ~ ~ Lee McAnerney Comnissioner cc: Department of Revenue ~.. a, _ M ~ _ - _ _ -:..~::,. \ OAVID SMIMEK LAW OFFICEH Oi SHII~iCK e~ PEABODY ~00 l." 57~aCET ANCFIQRA(iE, ALAIKA 99501 AqtA Coo[ 907 • 279•8528 October 25, 1978 i ~'1 i y MA% N. PEABOOY Ernie Sahlereth, Esq. City Attorney City of Kenai P. O. Box 580 Kenai, Alaska 99611 RE: City of Kenai/Aviation Consultants, Inc. Dear Mr. Schlereth: This letter is a follow-up on mine of October 3, 1978, concerning the resclution of ACI's claim for compensation arising out of the parking lot construction at the Kenai ', Airport. After consultinq with my•client, it seems clear that the most reasonable and most exact method of determining the normal increase in business for bars and restaurants in the Kenai area, during the summer months, is to be derived from the sales tax records which are available to the City of Kenai as the recipient thereof. I would appreciate it if you would check into the type and quality of records available in this respect, and give me an idea as to your conclusions. Very truly yours, SHIMEK & PEABODY -~~, ~~ ~~.~ David Shimek DS:sy /~ ~ ~ 1.~'J~•~ G~,~e i~ ~ -tN ~ 3~` . '. ~Owrt !+t t} ~9~ ~. ~ b~ Rsv~ t~,~ t~16,7~' 1`'' ~' --------__ _~._.,.,._ ~ . ~•.•• _ .w ~~ ~: .~ _ - ~- ~ - tt ~ j I ~ f. 1 ~ ~ ~. CITY OF KENA! , "a~l G'~~~.1 ~ >4~~~„ ~. o. eo:: sse xehn~, n~r.SN.lI 496lt TEtEPMONE 283 • 7535 11TE:'.'fOftANDU'.l1 TO: Honorable ~ll~yor & City Council ~ !; FAO1~I: Sue Peter. City Clerk .' f DATE: January I0, 1979 r--, ' ' ~" SUBJECT: JOINT 1VIFETING - COUNCIL AND CHAMBER B4ABD OF DIREC,TORS `~;- ::~ Peggy Arness of the Greater Kenai Chamber of Commerce contacted me and =°. ; advised that the Chamber Board of Directors would like the last Friday of i, ~ everymonth set aside as a joint meeting of the Chamber Board and the j,.. ~ members of the Kenai City Council. If this is agreeable, I shall advise ;:;;' '` Mrs . Arness to schedule the meetings accordingly . ; .~ ~ ;~ i '- - ~ ~ Thank you. E ~~' ~ ~ ,(`S~ ~. ~ ~ ;i. ! .J ~ . i '__-~r' I ~ _~£ ~ I'~ < - i ;``~;. = , x : , i ~ ~ `~ r ~- - { .. •;.,;: i . i . I ~ ~ .... '~~ i~ , ~> ; .. ~ - . ~=_`~ ~~ --- - . __ ; ~ . I~ - i . ~a ,. ~~ 0 ~; ~ ;, ~ ; -~ f . . , ( { . I , 1 i f ~ I f { -.. -- - -~'"-_~~ r ~~."~~y. _.""Ji.r.~ ..Yi..11._i'..• .ni'. • ~ n ~a~xnn KENAI C1TY CnUNCII, - RrGUI.AIt 1tF.ETING JANUARY 3, 1979 - 7: 00 P.tit. ICRNAI PUBI.IC SAFETY BUILDINC PI.EDGE OF ALI.&GIANCE A. AOLL CALL . At3ENDA APPAOVAL ' B. HEARINGS - 1. Ordiaance 455-78, Tidelands Ordinance 2. Ordinance 456-98, Dedication of foreclosed lar~ds tor public use and/or surplus 3. Ordinnnce 458-78, Amending the Personnel Re~ulations 4. Ordinance 459-?8., Iacreasing estimated revenues/appropriatioas in the amount of 52.344 , C. PERSONS PRESE:IT SCHEDULED TO BE HEARD D. MRQt3TE3 1. Miautes of the regutar meeting of December 20. 19T8 ~ E. CORAESPONDENCH 1. bir. ~ Mrs. Kearlee ~Yright - Claim for rc-imbursemeat for impoundepent costs ineurred Z. (ireater Kenai Chamber of Commerce F. OLD BUSINESS 1. Amendment to Aviatfon Consultaata. Inc. - Lease of Terminel Space 8. Kenai Utility 3ervice Corporatioa - Damage claims 8. Lease oi Airpori latzds - Aaven Trattsit a. xB~v aus~ss , 1. B32Is to be paid - bills to be ratified 3. Requisitions exceeding;500 S. Ordinance 460-?8, Increasing estimated revenues/appropriations - purc'naee of rescue equipment in ths amount oi SS.454 4. Ordinance 461-78, Amending 1976 Kenai :4iwiicipal AirpeM Regu2ations 5. Ordinance 462-78. Establishing procedures for conducting telephone polls ' B. Ordinaace 463-78. Increasiag revenues/approprietions bq ~2.025 for purchese of sQdar equipment ~ ?. Aeaolutioa 78-2I5. Traneter of funda for increased cost of Iong diatance telephone ratea ~ 8. Resolutfon 78-216. Transfer of funds for pnrchasc of tool kits in the tire enginea ~ ~. Resolution ?8-217, Authorizing adf ustment in mannfng Ievels in the Police Departmcmt 10. Aesolution ?8-218. Tranafer of fuads to provide City's matchiug share tor ptirchase ot radar eqvipmeat 11. ItesoIution ?8-219. Accepting Grant ia the amount of t3.128. Departmeat of Publfc Safety ; 14. Paymeate to CS211t Hfll - Invoice Numbers 9602 aad 9603 . H. REPOATS 1. City Alanager ~ Z. City Attorney ' S. Atayor 4. City Clerk ~ . S. Fiaaace Direetor ~ 6. Planaing i Zoning Commission . 7. Rensi Peninsula Borough Assemb2q I. PEHSONS PRESENT NOT SCIiEDULED TO BS HEARD ADJOURNAtENT 1 ~ ~ 1 ~ ,.a_ . ;~' --- ~ /, ^> - ~. . Zi.~~ ny KENAI CITY COUNCIL - ftEGULAft R'IF.ETING JANUARY 3, 197~J -?: 00 P.M. KENAI PUBLIC SAFETY BUII.DING A'JAYOR VINCF.NT 0'REILLY PRF.SIDING PLEDC~ OP ALLECIA*:CE A. ROLL CALL Present: Vince O'Reilly, Michael ~eaman, nan ~"helnn, Phillip Aber, Edward Ambarian. Betty Glick and Ron D4alston. Absent: None AGENDA APPBOVAL With Council consent. Mayor O'Reilly added his proposed letter to the Chamber of Commerce relative to the up-coming special election under item F.-1. B. HEARINGS B-1: Ordinance 455-78 Mayor O'Reilly read Ordinance 455-?8 by title only. "An ordinance accepting conveyance . by the State of Alaska to the City of Kenai of tide and submer~e~ lands lyin~ seaward of ~ the City; approving and adopting the offfcial subdivision plat of the area conveyed; and ~-. establishing procedures by which preference rights may be exercised." MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for adoption of Ordinance 455-78, Tidelsnds ordinance. Mayor O'Reilly opened the meeting to the public . Mr. Keith Johnson - stated that he was leasing a fishing site in the subject area and would object to certain excerpts within Ordinance 455-?8 particularly in that the ordinanee made no provisions for "grandfather rights" .*4r .Johnson stated that he and two other individuals had met with the City Attorney relative to their suggested emendments end had sdvised Mr. Schlereth that due to the extensive investment fnvolved, they would greatly appreciate consideration to current lessees having "first right" for renewal of leases. Mr. Don Lucas - agreed with comments of Mr. Johnson and would slso request that "grandfather rights" be addressed within the ordfnance. There was no further public comment. City Attorney Schlereth reiterated the hfstory of the City obtaining the tidelands from the State snd further requested that certain minor amendments be made to the ordinance prior to final adoption. -~ Fi ~ ,. ' ~ /~ IL r , " ~ :. ~ _~._ ~: ~ -- : ~ ~4= .~ .. ~.:~....:..~... n.....:,.,. ~. .. ._ ., _ January 3, 1979 - Pnge 3 MAIN, A3 ARtENDEA: , Passed unr~nimously by roll cull vote. B-3: Ordinance 458-78 Mayor O'Reilly read Ordinance 458-78 by title only. "An ordinunce amending the Personnel Regulations and in particular Ord. No. 414-?8, Classification Plan." MOTION: • ~Couneilman Seaman moved, seconded by Councilman Ambarian ~ for adoption of Ordinance ~58-78, amending the Personnel Regulations. Mayor O'Aeilly opened the meeting to the publfc. There was no comment. City Manager Wise advised that this would revise the class code rating for the position of Recreation Director. QUE$TION: Motion passed unanimausly by rnll call vote. B-4: Ordinance 458-?8 Mayor O'Aeilly read Ordinance 459-78 by title only. "An ordinance increRSin~ estimated revenues and appropriations in the 1978-79 General Fund Budget by $2, 344." ~ MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 459-78, increasing estimated revenues and appropriations in the General Fund bq $2, 344. Mayor O'Reilly opened the hearing to the public. There ~vas no comment. City Manager Wise advised that the Criminal Justice Planning Agency had awarded a grant to enable Officer Cordle to attend the Drug Enforcement Administration School. QUESTION: ~ Motion passed unanimously by roll call vote. C. PEASONS PREBENT SCHEDULED TO BE HEARD None D. MINUTES A I: Minutes of the reg-uler meeting of Aecember 20. 1978. •~ Approved as distributed . E. CORRESPONDENCE E-1: Mr. and Mrs. Kearlee ~Vright F !' _4.. .- _:... . ,.._ ~.~ . ~-y.~..~_- - ... e . ... . e ... .. _ . _ .. ...._.._ . l~t~klll~~Y.~-Y,-~~af~t•~tr- . ._..._..._~._.~_.--•... ' ~'........ _ . . . w+... -.~+....~ .: City Mana~;er ~t'ise advised thut ATr. ~nd :14rs. ~~'ri~ht hnve reqtiefited reimbursement in the umauni of $71.6G for tocving chflr~;es incurred when they 2eft their nuto off the ~side of the road to ntvnit removal of the auto when thc 1~osds were s~nded. City ~4nnnger t~'ise presented Council with n memornndum cvith Stntements from the officer who hnd the vehicle impounded as his reusonin~ ~vas that th~ automobile created ~ hnzrxrd to traffic. City Rlanager 1~'ise recommended disapprovnl of the tVright's request. MOTION: Councilwoman Glick moved~ seconded by Councilm~zn Ambnrian, that the City D'Janager and/or City Attorney respond to the claim by strztin~ thnt it wus the feelfn~; of Council that the officer acted in a reasonable m~nner and ~ therefore, the R'right's claim in the amount of $?1.66 be hereby denied. Motion passed unanimously by roll call vote. E-2: Letter to Chamber of Commerce Mayor O'Rei12y submitted a proposed letter to the Chamber of Commerce that ~vill be reprinted in the quarterly ne~vsletter requesting the Chamber membership's assistance in the upcoming special electfon scheduled far February 13, 1979. Council cancurred that the letter be sent and requested that the City Attorney contact the Alceska Publie Offices Commission to insure that the City will not be in violation of any stnte law concerning elections and campaigns. F. OLD BUSINESS F-1: Amendment to Avietion Consultants, Inc. lease of terminal space Mayor O'Reilly advised that a committee had been appointed to meet with the owners of ACI and the committee voted two to one to approve the proposed amendments to the lease. Mayor O'Reilly further advised that this amendment would allow ACI to operate "an office space and operation of a food service and cocktail lounge and sccessory uses". eliminate reference to "fast" in "first-class fast food" and change hours of operation in the food service - 10: 00 a.m. to 9: 00 p.m and the Cocktail Iounge - 10: 00 a.m. to II: 00 p.m.. obtain any necessary approval from the ABC Board relative to design change to the facility and "nothing in the lease or amendment shall be constructed to interfere with the City's or lessee's use of vending machines. Maqor O'Iteilly further commented that the amendment to the lease would prohibit the use of the facilities by minors not accompanied by adults. Councilman Ambarian stated that as a member of the committee, he ~vould recommend approval of the amend- ments so that matter could be resolved without further delay. Councilman N'helsn stated that as a member of the committee he had voted for the amendments with reservations, however, felt that the City now had the right to install a fast-food service should the need arise and could also now install vending machines . . yor O'Reilly advised that he had voted against the amendments at the committee meeting p w s thet the Cfty was now in the position whercin the best service th ey could offer ~ ravelers through the terminal would be the vendin~ machines an o ~ ~ original contact with ACI to serve the traveling public had been gr y altered. r . ~ ~ , t . } - _ .-..~._ " Jtinuury. 3, 1979 - I'a~;c 5 MOTION: _ Councilman Ambnrian movecl,seconded by Couneilmnn ~:~helnn~ for approvnl of ~ amendments to lease of ierminal spuce for Avit~tion Consultnnts, Inc. Councilman Alrilston stnted lhat the Council must keep in mind thAt it must be determined what responsibility the City had relative to providing food service in the terminul -- whether it be a"dinner house", night club or to serve the tr~veling public. Councilwoman Glick stated she felt that the City's responsibility wns to serve the traveling public and commented that one of the original propos~ls from ACI t~ lease space in the terminal was the serve the "general publie and to be in aecordance with the airline sahedule." Councilwoman Glick further commented that ACI only oi~erated the "fast food" service for approximately 6-1/2 months before they shut down nnd Councilwoman Glick questioned whether or not the new proposal would offer financial stability? QUESTION: Motion passed by roll call vote. Voting yes; Seaman, ~+~helan ~ Aber and Ambarian. Voting no; O'Reill~, Glick and llialston. F-2: Kenai Ut3lity Service Corporation Relative to KUSCO's claim in the amount of $678.85 for damages, City Attorney Schlereth advisod that Mr. Thomas, representing KUSCO, st~eted he would remain adamant in their claim against the City. City Attorney Schlereth advised that if the matter should be referred to the Courts, the contractor, City, et al may have to be _ involved. Councilman Aber advised that KUSCO had been requested to locate the line bq the City and the contractor, in excavation, damaged the line as there had been an undetermined curve in the line that no one was aware of and Gouncilman Aber cammented that it ~vould appear the City is ctzught in the middle between the contractor and the utility compsny . MOTION: Councilman Ambarfan moved, seconded by Councilwoman Glick. that the City appr.ove the claim for dasnages incurred in the amount of $678. 85 to Kenai Utility Service Corporation . Couneilman Ambarian stated he would vote against the motion as he felt the CiLy should not be held responsible for the resultant damages. QUESTION: Motion failed unanimously by roll call vote. F-3: Lease of Afrport Lands - Baven Transit City Manager Wise advised that Raven Transit had not returned the Iease document to the City for presentation to ihe Council. G. NEjY BUSINESS ~l: Bills to be paid - bills to be ratified MOTION: Counc~lman V7helan moved, seconded by Councilwoman Glick, for approval of .rs --' . _ . _ . . _ . _ . _ _. _ . . ~• ~~ -•r ~ /~ r - ' ' • --. r:: ~...k:.. ~~:L'~i.. x.~.Jl.y. ~. . . « •.~~a _.. . .. .~• .s ~ ~l i "_ .....~. _.. _ .. _ ., ~ ' • Junuury 3, I~379 - Pagc~ G bills to be pnid and bills to be retified as listed thiA dnte. ^ Motion passed unanimously by roll c~ll vote . (3-2: Requisitions exceeding $500 MOTION: Councilman A2alston moved, seconded by Councilman t+'helan, for approval of requisitions exceeding $500. Motion passed unanimously by roll ^811 vote . a-3: Ordinance 460-78 Mayor O'Reilly read Ordinance 460-78 by title only ."An ordinance increasin~ estimated revenues and apprapriations in the General Fund in the amount of $5,454 for the purchase of special rescue equipment." ~ MOTION: Councilman b4alston moved, seconded by Councilwomnn Click, for introduction of Ordinance 460-78, increasing estimated revenues and appropriations in the General Fund in the amount of $5, 454. ' Motion passed unanimously by roll call vate. `~Gf-4: Ordinanee 461-78 Mayor O'8eilly read Ordinance 481-?8 by title only. "An ordinance amendfn~; the 1976 Kenai AZunicipal Airport Aegulations. , MOTION: r~ Councilman Ambarian moved. seconded by Councilman ~vhelan, for introduction ';• r~ of Ordinance 461-78, amending the 1976 Airport Regulatione. ; ',~. '~ ~. ~ Councilman Ambarian stated that he would like to see the problem of parking for the handicapped addressed within the ordinance prior to final reading as well Q-~J ;,.~', ; coneideration should be given to adjusting the hours of parking in the 3hort ; ~ : , Tersn Parking Area (5. 013) . ,. , ~, ~ ~ ~ .. MOTION - AMENDMENT ,~ ,; ~ Councilman Malston moved~ seconded bq Councilman Ambarian, for amendment to ~ , Section 1, (5.013) to change hours of parking from 8: 00 a.m. to 2: 00 a.m. and ~ prohibit parking from 2: 00 a.m. to 6: 00 a.m. i - ~ =-- ;~ ~ Motion passed unanimousiy bq roll call vote. -- - ~ - ~) MAIIJ. AS AMENDED: ~'= ~ Passed unanimously by roll call vote. f i 'i i ~- - ~ ~: , { . ~, ,.. w~ : ,~ ;~. , ~ . . ~ , ~~ ~ ~ '. P' `~ ' ; ,,. ..~~~ ~ .::.~,__. .. .:.,.. s... . . G-5: Ordinance 462-78 A7ayor O'Reilly rend t)rdinunce 46?-78 by title only. "An ordinance nm~ndin~; the Kenai Code by establishing a procedure for conductin~ telephone potls of the City Council". MOTION: Councilman Ambarian moved . seconded by Councilwomnn Glick ~ for introduction of Ordinance 482-?8 with the following amendments: Section 7-40.1(A) - add ".. ...purchase budgeted supplies. ... ." and A-2 shall read: "authorize purehases ~ for emergency supplies and repairs, grant upplications~ accept bids, transfer funds 4 for the budgeteci items to aceomplish the foregoing." Add under (~3) "In all cases the designated employees shall make a reasonable ~ttempt to contact all Council memhers. A 2/3 majority of all Council members polled sha.ll be required for telephone poll authorization. If the telephone poll fails, the matter shAll be considered as an agenda item at the next regularly scheduled Council meeting. ~ MOTION - AMENDMENT Couneilman Whelan moved, seconded by Councilman Seaman, that the ordinance be further amended under Section 7-40.1(A) ".. ...in excess of $500 if the need is critical in his estimation, . . . . . . . Motion passed unanimously by roll call vote. ~ MAIN~, AS AMENDED Passed unanimously by roll call vote. - 6-8: Ordinance 463-78 Mayor O'Beilly read Ordinance 463-?8 by title only. "An ordinance increasing estimated revenues and approprfations in the 1978-79 General Fund Budget by ~ $2, 025 for the purchase of radar equipment." ~ "~ ~ MOTION: . I Councflrrtan Whelan moved, seconded by Councflman Seaman, for iittroduction of ~~` ~ Ordinartce 463-78. increasing revenues/appropriations for purchase of radar equipment. .' ~ Motion passed unanimously by roll call vote. G-?: Resolution 78-215 Mayor O'Reilly read Resolution ?8-215, transferring fund3 in the amount of ~2,000 ~ into the Citq Attorney budget ($1,000) and Public Works Administratfon budget ($1.000) to provide additional funding required for increased cost of long distance telephone ; ~ ~ ~ rates. ~ ~ MOTION: - ~ Counc~lwoman Glick moved, seconded by Councilman r~talston. for adoption of Resolution 78-215, transfer of funds in the amount of $2,000 for increased long distance _ ~ telephone rate costs. ~ ° !~ Maqor O'Reilly opened the meeting to the publfc. There was no comment. 1'"'°.' ~ /~ ~ i ~ ~ ~ ~ /~ ~....~.... . . ,. ~. ~...:. . , :... ..~: , __... _ .. ._..... . . ~. .. --•-- -.._ . _ _....~_ ...__ ~-- - -- _ ,.. . - - ~. , 3tuiunr3- 3, 1979 - P:~~;e 8 QUESTION: A~lution passed unanimously by roll enll vote. G-8: Resolution 78-216 Mayor O'Reilly read Resolution 78-216 - transferring funds in the umount of $250 within the Fire Department Budget to provide better equipment for the tool kits in the fire engines.. MOTION: Councilman ~Vhelan moved ~ seconded by Councilman Malston, for adoption of Resolution ?8-216, transfer of funds in the amount of ~250 for Fire Department equipment. Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTION: Motion passed unanimously by roll call vote . G-9: Resolution 78-217 Mayor O'Reilly read Resolution 78-217 by title only. "A resolution authorizing an adjustment in manning levels in the Kenai Police Department." MOTION: Couacilman Amberian moved. seconded bq Councilman t1'helan, for adoption of Besolution ?8-217, adjusting manning levels fn the Kenai Police Department. Mayor O'Reilly opened the meeting to the public. There was no comment. _ City Manager N'ise advised that the Police Chief had requested the adjustment in order to provide an additional Police Sergeant to aid in relieving the Lieutenant of duties that could be readily fulfilled by a Sergeant. QUE3TION: Mation passed by roll call vote with Councilman R?alston voting no. GIO: Resolution 78-218 Mayor O'Reilly read Resolution 78-218 - transferring $675 within the Police Degartment Budget to provide the City's matching share of 25$ of $2,700 tocvard the purchase of radar equipment. MOTION: Councilman Whelan moved, seconded by Counc:ilman Seaman, for adoption of Resolution 78-218, transferring funds within the Police Department in the amount of $675. ~ _'w=-=------~--'--.. _ __^~ _- ~ - - - - . • ~ ~ .~ '. / / . ' ~ , ._. ~ ' . -w. wv. . . Janunry 3. 197J - Pn~;c 9 Mayor O'Reilly opened the meeting to the public. There wus no comment. ~ ~ f~L'ESTIO":: bZotion pt~ssed unnnimously by roll call vote. G-11: Resolution 78-219 Mayor O'Reilly read Resolution 78-219 by title only. "A resolution accepting a j grant offer from the State of Alaska. Department of Public Safety for $3,128." MOTION: Councilman ~9helan moved, seconded by Councilman Reaman, for adoption of Resolution 78-219, accepting grant offer from State Department of Public Safety for $3.128. i Mayor O'Reilly opened the meeting to the public. There was no comment. QUESTIONi Motion passed unanimously by roll ca21 vote. ' G-12: Payments to CH2M Hill MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for approval of ~nvoice 9602 in the amount of $4,5Q0 and invoice 9603 in the amount of $4,000 to CH2M Hill. Mation passed unanimously by roll call vote. H. REPOR,TS Ii-1: Citq Manager (a) Citq Manager ~11ise advised that the City had received a legal description of Iand being requested (Section 36) and it involved approximately 307 acres. (b) Serendipity - lease has been signed and will be forwarded to the Cfty shortly. , (c) Kilmer concept lear~e application - advised agent for ~r. Kilmer that appraisal has been set on the laiid across from the Katmai and requested whether or not ' Mr. Kilmer wished to proceed. ', (d) Ffrst Federal concept lease application - sent certified letter to First Federal , asking ff they wished to proceed with their lease appIication . City requested i response within rivo weeks or First Federal will lose their first right of refusal. ~ ~~-- ,I Jc~nunry, 3, 1979 - Pt~gc 10 MAYOR & COUNCIL - CZUESTIONS & CO!1S~IIENTS Councilman Ambnrinn recommended tliat the ~~ublic works committea from Council set n me~ti,;~ fur Thurbcluy, Ja,-ui•y IItI, ~t i: 00 };.~~,. ~t which ii~n~ thc pr~go~ed sket~ ~~es for the aretic doors for the Terminal ~uilding could be reviewed among other items on the agenda. Councilman Ambariun inquired as to the reasoning for draina~e of the float plane bnsin and was advised by City Manager ~Yise that he directed Public t1'orks to drain the basin in the hopes that overflow and drainage problems to the adjacent residential aren will be alleviated . Councilman Aber inquired if sketches of the additions to the animal shelter and shop would be available for the public works comr*~ittee to r~view at the Thursday meeting and was advised by City PZt~nager N'ise that they tYOUld not be available at this time. Councilman Aber advised that the new tr;nk was in dire need of repainting and would suggest that Administration look into contritcting for paintin~ of the entire structure rather than just making "patclt repairs" . Councilman Malston inquired if the Administration had received word from the Army Corps of Engineers re2ative to their assisting in the bluff study situation. N!r. tVise advised he had been talking ~vith a representative from the Corps who advised they were looking into running a study and could commit themselves to funding of a5,000. City Mnnager Wise also advised that Gail Glad had reported to the City that a large amount of the bluff had sZoughed away edjacent ta their affice structure -- Cfty A2anager Wise stated that a study shall have to be done in order to take preventative action . Councilman A4alston inquired as to the status of the proposal for the bluff area at the end of Forest Drive adjacent to Redoubt Subdivision and City Manager t"7fse advised that Carmen Gintoli had prepared a proposed sketch with the assistance of Phil Bryson and Craig Freas. Councilman Malston requested that PRr. Gintoli make a presentation at the next meeting of Council . H-2: City Attorney No report H-3: Maqor Maqor O'Reilly advised that at the meeting of Council and Chamber of Commerce Board of Directors that several items of legislative priorities were discusseci among which the Chamber Board requested that a representative from the City attend the weekly board meetings. Mayor ~'Reilly advised that the Cir~ Manager had attended in tlte past, however, after passage of the ordinance'dealing with the powers and duties of the City A4ttnager ~ there was some quest~on as to the authority of the City Tdanager representing the City at such meetings. Mayor O'Reilly advised that the City Attorney had reviewed the ordinance and stated that the Council can authorize the City Manager to participate. -, J ~ r-+-• ~r a .."LI.~I..L ~.._ t..~_i.r r . . .Junuary 3, 1979 - Piige 11 ~ Council unanimously concurred th~t the City P'fnnagcr represent the C.ity and participflte ^ on the Board of Directors of the Greater Kenui Chamber of Cammerce. Mayor O'Reilly reported thut he Attendad a m~etin~; th~t had been culled by the Soldotna City Attarney in whieh the Rorou~h't4ayor, rity rRana~^er. rteyor n'Reilly and represent~tives of the City of Soldotna ~vere in attendance. rTayor (1'~eilly stated that the meeting concerned the F3orough t~'ater nrdinunce . City ~-'tanuger ~t'ise advised that it was the feeling af thc group At the meeting that the ordinance was very vague and did not point out what the service area districts could or could not do. City P.Ranager Wise ststed thnt certain issues within the ordinance should be c1Ar.ified --- such r~s could Cities opt out, would the service areas be put in a position to have to raise funds to buy out existin~ systems, etc. Councilman Ambarian stated thut he felt these comments were premature as the ordinance has been referred to committee for in-depth review and eonsideration. Mayor O'Aeilly reminded Council that the State Division of Lands would hold their public meeting January llth at Kenai Central High School. A.4ayor O'Reilly also reported that the Mayor's Council on Aging will be holding a meeting January 8th at Ft. Kenay at whieh time Councilwoman Glick's report on the senior citizen housing complex ~vill be discussed. . Mayor O'Reilly asked Council to submit names nf persons to serve on the newly formed land committee. _ H-4: City Clerk No Report Ii-5: Finance Dfrector No Report H-6: Planning & Zoning Commission Held no meeting since Iast meeting of Couneil H-7: Kenai Peninsula Borough Assembly ""1 J Councilman Ambarian reported that at the meeting of January 2nd, the Assembly approved Ord. 78-67, rezoning of Lots 1 through 6, Block 1, Bush Lunes S/D from suburban residential to general commercial. The Assembly also approved Ord. ?9-I for hearing whieh pertains to the rezoning of the Lee Glad parcel of property located on Spruce. Counci~man Ambarian advised that George Day and Dr. John NTilsey gave a public presentation on the Kenai Peninsula Community College and AZayor's Memo ?9-40 dealfng with s fire service area in Ridgeway was referrec~ to the Local Affair's Committee and a public hearing will be set asking for input from the residents of the area. Councilman Ambarian reported that Res. 7fl-1, relative to the proposal to ask Congress to rescind the Executive Order of the President invoking the Antiquities i' . " , - - . . , .. .. -1 :c.1_ _ ~L~.-~1~.L~ hlii m ` ' ' " j '. _" . ~ ~ 1' • ~ • • ~ '. ,, Jelluery 3, 1878 - Pttge 12 i- ~ ~ Act, a lar.ge ~roup of citizens supporting the issue made public presentations, however, . the Assembly referred the mAtter to the Attorney to work on the l~nguRge, otc. of the resolution. " I. PERSONS PRESENT NOT SCH~DULEi1 TO BE HEARD None ., ADJOURNMENT There being no further buainess to be brought before Council, the meeting adjourned at lO:IQ p.m. Bespectfully submitted, /~ / l~ • _ /~J~ `./ ~. _~/' / s 3ue C. Peter, City Clerk , ~ ,. :, ~ .~; : ,~ # ,~ ;: 1 ~. tt ::i , ~~ s ~ --_ ~ --_r - r~' _~-- . ~ ~ ~-. ri , 1 ~ ~_ ~' ~. . ~) . ~'., ~ ~ ~ 'l . : , , . R ,. i P ~{ ' . S 4'~1 ' 4 _.~. i ~ ~ _~ ... . ~ I ~ ,. f ; ; ~J I i ~ M ~ - ~ /~ ;t .~.~.~...~.:~ • -• <: ~. . - .. _ . „_ . - - -="-..==~=~,,.~--- . j ~ . ~, °" ~~/ 1 ~ ~^~ . ~6/ ~ ( i i . ~~ , F . 1 ~ , ~'~ i~ --~^~ ~ ~~ . 1 ~' n i .~~~ ~~' . ~~.;J ~` ; ~~ ~ i/M:~'~~1f'~'~f b:~'~' d~l~' t _ ~v= : i ' , ` , . ; .~LGIONOL/CBEVERAGE ,- NT [ Cj~ ~ !~ ~ t' i~ , ~ ~~,~1/`~ , ~ t ~,`. ~ r~ , , . _ ~ ~ ~~' ; Janua ~Y ~~/ v ~ ~ `. ,~i'~ `~1 c n,~_ ~ ~.~~/ ~) ~ ~ ~~ , 197t 1 EAST 9TN. AVENUE ICHQRAGE, ALASKAL ~ ~~ ~ / ~ ~ C .~ I~ , ~}~ y~ V~~• ~p t v ~ ~t r /~ ~1.` ~, ~ ~ ~,~~~~ ~, ,. ~ ~ __~ ~ _ ~ Ms: u C. Peter ~ ~, ~, ~ ~-~ ~~ City Clerk • ~~,~,1 - City' of Kenai ` ` ~ (,~ ' ~~R t~~ Box 580 ~ I " ~ Kenai, Alaska g9 ~~ • L . Qear~ls. Pe~ ' --- ~ ' ~ ~+-- ~ ' ~ ~ .~ Th~ enclosed ap cations for renewal are for y cons9 ton. ~ ' G` ~ I fj .1 ;3~ ~ . ~ ~~ • ~, VERAGE DISPENS RY: ~ ~ a~~;~ ~ ~ '~i ~ DDY'S MONEY; Aviatton Consultants, Inc. anct~City of Kenai; Kenai Muntcipa~ rport, Terminal Building; Mail: Box 580. 1~~. PQo~, ~~~ Q'~:~c~~+7- -- ~ RIG BAR; Pard Corporatton; 1209 Main Street; Mail: P.O. Box 959. ~~` y . . . ~, ~ CLUB • t , ~ 'J FRATERNAL ORDER OF EAGLES ~3525/3249; Mi1e 6 Kenai Spur Road; Mail: . , ~~. ~. P.O. Bax 2761. ~ 1 4-, I -",' M~`~ '~` KENAI ELKS CLUB #2425; Alyeska Street; Mail: Box 666. ~` " '~i~' " I; A ~ ~ . '• `~` If you choose to pratest under AS O4.10.270, you must submit a statement J~i of issues within 30 days plus 10 days for reasonabie mailing time. If ~~' we do not receive a response, the Board will assume you have no ob3ection f, 1 to the issuance and will take final action on the application. ~ ts ~ \ ;'i`',` , Thank you for your consideration. - f ~ ~~ ` t Very truly yours, , ~ j' , . ~ . ~~M ~ ' /. ~ / j. ' 1 i -- C r. L...%_~ •'.''s.~ - -- ,/ ~~Y L6 ~;Cal ~ioon ~~~ ~ ` ~.~~~ RecordS and Licensing Supervisor \ - I '; ° - ~ ~ LC:flg _ .~ 1 Encs . ~ - ~ 1'/ . . ,, ~ 04018LH i , , ~ t , '' ' I ~ i 'y ' ~ t. r ~' ~ ~ . # i i : ~ , ~ ~' k , ~ ~ t . .+ ~ ~ ~ ~~ ~ i •• w • w /~ ~ " FI ~ `; . ~~ ~..r~. -a- .~Ti..~I.A... i.....~s.. i. /A!' S NAMMONO, 6DYfRNCB ~~H:t~:~t~TatH:~T /iF ~;~:~-~:~t-w: 701 EAST 9TH. AVfNUE ALGIOHOLICBEVERAGECONTROL BOARD AAICHORAGE, ALASKA 99501 January 5, 1979 ~ ` Ms. Sue C. Peter i City Clerk City of Kenat Box 580 Kenai, Alaska 99611 Dear Ms. Peter: ~ The enclosed applications for renewal are for your consideration. BEVERAGE OISPENSARY: ,' HARBOR VIEW RESTAURANT; Harbor View, 1 c., Corner of Bluff and Peninsula Streets; Mai1: Box 4133. .G~~~f~"~- ~ ~-~-- -l If you chaose to protest under AS Q4.10.270, you must submit a statement of issues for these app'lications within 30 days plus 10 days for reason- ` able mailing tfine. If your response is not received, the 8oard wi11 ~•. assume you have no ob3ection to the issuance and wiil take final action on the application. Thank you for your consideration. ~; Very truly yours, ~ ~~~~ f ~$e.fi~y~ L. ~ _Ealhoon ~ ~~'"" Record~'and Licensinq Supervisor 1 ~ ~ ~ /~ -.. ,~ II ,~ ~;." ~ .-- _ _~..~_.~.... „ /A!' S. HAMMOAfO, 60YfR1Y0R ~r~:~~:~,AE~n~:o~a:~~ ~~~ ~~t:~~~: ~~~~: 201 EAST 9TN. AVENUE ALGIOHOLlCBEVERAGECOM'ROL BOARD ANCHORAGE, ALASI:A 99501 January 10, 1979 Ms. Sue C. Peter City Clerk City of Kenai Box 580 Kenai, Ak. 99611 Dear Ms. Peter: The enclosed appltcattons for renewal are for your consideration. RETAIL ~ OAKEN KEG # 54; Carr's Quality Centers, Inc.; Center Street, 1 Block North ~ af Post Office; Mail: 1341 Fa~rbanks Street, Anchorage, Ak. 99501 OAKEN KEG # 58; Carr`s Quality Centers, Inc.; Spur North Road, 1 Block S.E. of Post Office; Mail: 1341 Fairbanks Street, Anchorage, Ak. 99501 ~jv • If you choose ta protest under AS O4.10.270, you must submit a statement of issues for these applications within 30 days plus 10 days for reason- able mailing time. If your response is not received, the Board wi11 assume you have no ob3ection to the issuance and wi11 take fjna] action on the application. Thank you for your consideration. Very your , ~~~ ^ / ~aa/~c..~, r Betty L. Calhoon Records and Licensing Supervisor BLC:bn Encs. l~ 1 -_ ....- . ._.. .. . .. .__ .~ ~.. , - - - Y=,--.°-°-~-'_ - '-~----d.~:;:~.~::..~:~:~ , i~ I.IiAtili ()1~ ~ AIitDOI2'1~1.\yllti l1R PACli,l7'l1iS ~ 1~11iS ACIZIiTi~i1:K'1', cntored into this _ dny oC . 197R ~ ~ • by nnd bntwc~n th~~ C17'Y Ut~ IC)•:KAi . n hrnne-~•ulcd mta~iail ~~runpnrE~~t~4~~ASKA 99502~ l~crcin- nftct• cnllod "CiIV .° tutd KNV[iv inAiy~I i. iP~~, X E~~. . twrci~infter ccillyd "I.c~sc~ ." Tliut the Cfty , in con~ideratic~n af the pnym~nts of the rents mid perform- aace of nll the covennnts hercin contuined I~y the I.~ssee. cioes hcr~•Uy demiso nnd kn.e ' to the Lcsaec the follu«ing dcscribed pruprrty in tl-c l:enni It~curdiup; Uistrict. Stntc of Alasku; to tYlt: LOTS 7 AND S, OlD AIRCRAFI APRON. KENA1 MUNICIPAL AIRPOR7, AS OESCRIBEO IN THAT CERTAIN QUITCLAIM DEED FROM TNE USA TO THE CITY OF KENAI. FILED I~~ BOOK 27 OF ALASKAaANDAINCLUUINGETHE HANGARIANO ANYRIMPROVEMENTSUTHEREONDISTRICT. S7ATE OF TERAi: (n) The term of this L~nsa is t;u 2~,years, commenein on thc 15T JULY 19 78 to the 30TF~sy of , 1~80 . at the day of _.___..____~SOO.OQr annunl rentuI of S (b) The term of this Lease mny be extended by T.essee for 0 successivo periocts of 0 years cach, by gS~•ing written notice to tho I.essor not less than six :d) months prior to t1~c expiration o[ the then existing term . Each oxtended term shnll Ue on thR snmc terms and conditions as pro~ided tn this Laasc for the initinl term. Lesten will not be pcrmitted to extend the Lease bPyond the extended term. Anp term3nc.tion of this I.cnse during the initiul term or during nny extended term shptl terminEte nll rights of oxtension :iercundcr. PAYAtEt1T: Subject to tho terms of General Covenwit No. 10 0[ t2iis Lease, the rentuI specified Y~erein shall be payable as folloivs: ' (a) Aight of entry ond occupancy is authorized as of the 1ST d83979 JULY , I81$ and the first rent shall be computed from such date until June 30, 1 . at the rate of ; 600.00 peT ~Sx~6wnxmxm~nec, equnls S 600.00 now due. ~~. (b) Annual rent for the fiscal year beginnir-~ July 1 and en~:ng June 30 shall be paynble in advnnce on or betore the first day ot July of eaah yeur. If the annuai rent exceeds ~2,A00, then the Lessee may opt at tho time of the execution hereof or at tho beginning of each new I.eosc year to pay rent in equal monthly installmenta, payablo in advance on or before the first day of July nnd on or before the first ot each month thereafter. (e) Iientrtl for any period which is }ess than one (1) Year shall be prorated based on the rate of tiie last full year • (d) The rent speciried herein ~ ~~~~600 OOfollows: pe y ar. sqtu;re feet at S.04 per syuare foot per year. or = In ad@ition to the runts Kpecitied abovcs, subject tu Generffi Covenn:u No. I0. the Lc3ssee agrees to pay to the Cit) fees as hereinafter provided: (a) Aasassmeuts for public im~rovements now benefiting property in thcs umount of S n/a ___ ~ ~ (b) Taxcs pertoining to the lcasehold interest of the Lessee. LLASE - Pagc 1 ~ ~ Rovised 10/25/78 ~~ , !~~ ~ r •~ ' ~ + 1 /~ ~ ,'_ , I ~ ~ ~ . ~I '", • pnynble iri monttily in t llmente whetlier irnt i~ fl id on~ntmontt~ly or ycnrly basisn rent (d) I.essce n~;revR to pny nll tnx~g and nssesamenta levied in the funiro by thc City of Kenni, ns i[ I.csseo wns considcred the legal otivner of record of thc I.ensed Property. (o) Interest at the rnte ot e[ght percent (R^,) pcr annum flnd ten percent (10~) pennitios on any nmount of money ot~•ed under thi:: Lr~i,e ~vhtch is not pnid on or before tt~e di~te it becomea due. (t) Additional cherges as sei forth in Setiedule A. attuctied. The purpose for which thi~ Lease is issued is: MAINTENANCE SHOP <iENERAL COV~NANTS 1. USES: Except as provided herein, any reguIar use of lands or faciiitiea without the written consent of the City is prohibited. This prohibition shall noi apply to use of areas designnted by the Cily Por specitiod public uses, such es pnssenger termina2s, automobile parking areas. and atreets. 2. USES NOT CONTEbiPI,ATED PROHIBITxA: Solicitation of donattons or the promotion or operution of any part or kind ot business or commercial enterprise, other than as apecifically set forth herein, vpon, in or above airport lands, without tho written consent of the City is prohibited. S. A&SIONIISENT: Lessee with City's wi ~tten consent, which wiIl xat be unreasoaably denied. may ossign or encumber. in whole or in part. its rights as Lessee (I.easehold Estate) hereunder. ~ Any acsigr-ee of part or all of the leased premises shall assume the dutics atid obHgationa of the Lessee as to the such part or eIi of the 2eased premises. No such assignment, however. will discharge Lessee from its duties and obligatioas hereunder. d. SUSLETTING: Lessee maq eublet part or all of its interast in the leasehold premises without prior City approval, except that Lessee agrees to send a copy of his executed sublease to the Cfty within 30 days afier its execution, In addition, all subleases are aubfect to the terms and conditions of the main lease, and no subletting ahall effect the obIigation of the Leasee to perform all of the covenas-ts required to be performed by the Lessee hereia. 5• TRBAT114ENT OF DEMISE: The Lessee agrees to keep the premises olean and in good order at its ocvn expense. suffering no etrip or waste thereof, aor removing any materiel therefrom. without written permission of the city. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceablq end quietly quit aad surrender the premises to the City. 8. PAYMENT OF RENT: Checks , bank drafts or postel money+ orders shaIl be mede payable to the City of Kenai. and delivered to the City Administration Building. Kenai, Aleska. ?. CONSTRUCTION APPROVAL AND STANAARDB: Building oonatruction BhalI be neat and presentuble snd compatible with itx uses nnd surroundings. Prior to , placing of fill material and/or construction of buildings on n teased erea, the Lessee shall submit a plan of proposed development of prop¢rty to the City Plannin~ Commission whfch ahell be approve3 in writing for all permanent fmprovcasents. ~ LEASE - Pege 2 lievfsed 8/14/78 1 ~ ~ ~ /~ .. _ ._:. . . . ~.s.~,.~ .,.~1t..,...L._. ,,,._.~: , _ . _.. . ....~ .. ... . - ---_ -' . _... . .. .. _ ... __ .. .,~_..~. ... . . ._~~.... _. --. ._ . ~ . . . _ .....~. _ . : . . . , ._..... .... , .~...._..w,._._._r,. . _ -~..-~, - - - ~ __ t _ ~~ ~ _ _ _ _ ..- - - -- -.. ~ r ,_ .___ n.:r~.~•~ . ~ The following itans are over $500.00 whi.ch need Coiuic I apprava or rat'~c~TB~f'~"""ZY ~ ~ ~ " ~ ~ . ~. i VEVDOR AI~I~IIN: EDI:SCRTIfiIIXV1 PFOJF.Cf/DEPT. A/C 4iAR[~ M~(Nf P.O. ~ 34.63 Misa Supplies Shop Oper. Sup. 249.25 008130,12594 , OOS46,00668 . ~ 00~88 &K & I•iai~ai.. :, %;~~. ~~ Misc. Sup. & Repairs Shop P• ~.. o~ ~o nnga~,nng?g OOS35,01040 00450,00985 ~ I 00984.00988 ~ 00890 + 64.42 ' Books I.ibrary Aooks 71ts.66 00956,00882 12812 Books AnCi-Rec.-Library Books 145.76 i2813'00559 ~ Duyle's Fuel 1,048.93 Stove Oil, Mesel Shop Oper. Sup. 1,048.93 ' Glacfer State 1,432.10 Dec. Phone ' Various Depts• Camrnmi.cations 1.432.10 ,~ Haa~er Electric 6,340.59 Dec. Electricity Various Depts. Utillties 6.340.59 ; ~ .fotorola 2,809.00 Siren, Radio, Police Mach. & Equip. 2,809.00 00063.00084 f i ~ Peterkin Distributors 672.86 Faod Jail Oper. Sup. 672.86 01020.01094 '' Van k~aters & Rogers 530.00 Oxygen Meter Antt-Rec.-Sewer Treatment Mach. & Equi.p. 530.00 00966 ~ }~~ . 931.91 Dec. Renr.al .Varioua Depts. Print. & Birul. 931.91 00122,00121 Firestone Stares 1,753.75 Chains Shop Rep. & Maint. Sup. 1,753.75 00933 ~ ~ State of Alaska 21,000.83 4th Quarter FICA Variaus Depts. FICA 21,000.83 I t • ~ Jackson & Garlaad 596.25 Rings Anti-Rec. W&S Rep. & Naint. Sup. 596.25 00971 I Jacknvich 1Yactor 1.323.40 Chains,crosa-ctiains SMp Rep. & Maint. Svp. 1.323.40 01018,00941 ~ iies~ai P~ia..~ula Borough 3.971.75 4th Qtr. Sales Tax Vazious Depttt. Salea Tax 3,971.75 ~ ' ~ i ~ _ ~ ~ 1 „ i ~ ~ 1 7 ~ J ~ /~ ..,.,, ~.. . ' 1 . , . .. - ' .«-.. ...yc:._.r..t.,.. r:.....~¢. •". - . . ..._... ~.u~y ~~ ' ~ ~ ~ . •~!sooa nrn~xrr nESC~urria~ ~.tecr/n~r. n/c c~~ nt~axr ^ P.o. ~..-. . FOR R+ITIFIGITI(XV Natianal Banlc of Alaska 26,k30.00 Dec. Fed. ld/H Ceneral F~d Liability 26,430.00 Dept. of Revenue 5,608.00 Dec. Scate W/H General Flmd Liability 5,608.00 ' '!ti-evelers Insw'ance 7,245.65 Medical Ins~tuice Various Depts. Health Ina~sance 7,245.65 PFRS 19,728.83 Dec. Retirement Variass Depts. Retirgaent 19,728.83 ~Iational Bank of Alaska 250,000.00 Cert. of Dc:p.-1/9/79 TCD Central TYeasury 250,000.00 ~ ~ , i 250,000.00 Cert. of Dep.-1/9/79 TCD Central 1Yeasury j 250,000.00 .. . 125,000.00 REPO-1/12/79 Central Treasury Central TYeasury 125,000.00 ~ 1 ~• ~ ' ;~ ~ I i a 2. ~ ' . ~ f~ ~ ~ '~ ~.r ~ ....... IZE(?UISITIONS TO BE APPROV~D (OVER $500.00) 1/17/79 VENDOR ~ DESCRIPTION DEP~~TT ACCOUNT AMpUVT Sears & Roebuck Canent Mixer W&S Mach. &~quip. 859.99 Bownazt Misc. Op. Sup. Shop Operating Sup. 2,426.92 r Kustan Signal.s Radar Hands Giazs Police Mach. & Equ3.p. 2,700.00 „ j ~ I 0'Neill Seagrave Po~aer Rescue Tool Fire Mach. & Equip. 5,454.00 ~. ~ ~ ~1 ,J ~~ -;~~. ~ ~ ,~ ; ; ; , ` ; : ,; ~ 4 r I ' 1 F?-=. , ' 1 ~ '1 r '/ r.. _ I ~ I i ~ __ /,' ~ • ) ? '-- ` •~ I ' i _.~ ~ ~ ~ , . , .,~ ,` i ~ _ ~ c.-,_:-_:' ." '_ ' _ ,.__. ..-:.._-_ __,. ~_.-""" "_. _ -~_..: - _ . _ _ - _ , .. : f ,5 I I,• i, _ _ ~; ~; ' • . ~ , : ~ ;. .~ 5. ~ -. --- ' ; ,~ ~ ,. i ~ ; /~ _,f-,~,~~:::: :._.~. ;.; CITY OF KENAI ORDINANCE N0. 464--79 AN ORDINANCE OF THE; COUNCIL OF THE CITY 0~ KENAI, ALASKA AMENDING THE KENAI CODE RELATIVE TO THE PURCHASING PROCEDURES OF THE CITY. WHEREAS, by virtue of Section 7-36 of the Kenai Code, as amended the City of Kenai is required to resort to competitive bidding when making certain purchases, and WHEREAS, Section 7-37 of the Kenai Code, as amended sets forth certain exceptions to the competitive bidding require- ment, and WHEREAS, the purpose and intent of the competitive biddinq ordinance is to secure purchases of materials or services that are most advantageous to the City, considering the price, quality, date of delivery, etc., and WHEREAS, it wou~d be in line with the intent and purpose of this ordinance for the City to make purchases under the contracts of other governmental agencies when those agencies have utilized competitive procedures that insure the most advantageous price to the City for the items or services purchased, and WHEREAS, the State of Alaska through its Department of Admi:,istration, Division of General Services and Supply, on an annual basis awards contracts for various, sundry supplies and equipment at highly competitive rates and prices usually far below the best price that the City could obtain if it advertised for bids independently, and ,:I WHEREAS, the State of Alaska allows municipalities to participate as purchasers under state bid contracts, and t- . ~ WHEREAS, the City can save money and time by takinq advantage of this and other situations where governmental entities I'- ,'"1 have secured contractual awards for the purchase of su lies ,~ "I and equipment and services that are far more advantageous `~ than what the City could accomplish on its own, Tt NOW, THEREFORE, BE IT ORDAINED BY fiHE COUNCIL OF THE CZTY OF ,: ; KENAI, ALASKA as follows: =r : .;r= - _~ ;.. --- !. . ~ To Chapter 7, Article 5 of the Kenai Code, as amended dealing with purchases and sales, which reads in part as follows: r- ,_ , . ~ i ,~ ,, ~ /~ ~~ ,~. , ~ ` ~I Ord. 464-79, page 2 Same-When competftive bidding is not required Section 7-37. Th~ following may be purchas~d without giving an opportunity for competitive bidding: , Add a new Section (6) to read as follows: .(6) Supplies, materials, equipment, or contractual services purchasable under the contract of another governmental agency in which contract the City is suthorized to participate. PASSED BY THE COUNCIL OF THE CITY OF KENAI, AI,ASKA this 7th day of February, 1.979. VINCENT O REILLY, MAYOR ATTEST: Sue C. Peter, C ty Clerk First Reading: January 17, 1979 Second Reading: February 7, 1979 Effective Date: March 7, 1979 ~ - ". ; ~ ~ ~ ~; ~ ~ , ,z i . . _.. . . ' /' . , ~~ .,:~ ~.~.. _ ,.... _.... . . . . _ ~ . _ . ~ - ~-,~:L:.~ - -- ~ - - - - -- CITY OF KENAI ~. ORIIINANCE 465-79 AN UklllNe~i3l:E uF 'THE CuUi3~,IL C~F' '1'Hx, CITY di• i~~ t~ +I, AL~,.^~I: ; INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN TH~ 1978/79 GENERAL FUND BUDGET BY $3,571, AND AUTHORIZING TFiE WRITE-OFF OF UNCOLLECTIBLE AMBULANCE ACCOUNTS RECEIVABLE. . WHEREAS, on May 17, 1978, the Council, by Resolution No. 78- 80 approved the discontinuance of the policy of the City to charge for ambulance calls, and WHEREAS, the majority of the open accounts rsceivable for ambulance billings are primarily of the age or type that the Finance Department considers to be uncollectible, and WHEREAS, it would be to the benefit of the City to write-off these accounts in the interest of proper bookkeeping, and WHEREAS, the City has recently received monies from the sale of qravel that was unexpected and has not been appropriated, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by Ordinance. ~ NOW, THEREFORE, BE IT ORDAINED THAT: Section 1 The following increases in estimated revenues and appropriations in the 1978/79 General Fund Budget be made: ~ Increase Estimated Revenues }. ; ;; . ~ ;. Sale of other assets 53,571 Increase Appropriations Non-Departmental-Bad debt Expense $3,571 Section 2 The balance of Ambulance Accounts Receivable be considered uncollectible and written off to expense. PASSED BY 'FHE COUNCIL OF THE CITY OF KENAI, ALASKA THZS 7th day of February, 1979. ~ VINCENT O'REZLLY, MAYOR ATTEST: ~ Sue C. Peter City Clerk ~ -- '~--. ------._.-_ _ APProved by F~inance: •Lc~ First Reading: January 17, 1979 Second Reading: Febrnary 7, 1979 Effective Date: February 7, 1979 --~--- -- ~ /~ • - --- _ _ . ... -. ' f ~-.~.:, a ....:.-+JFe..~ ~... r..~...,ru." . , . ~ . ~t~.-~ _ _ .~. ' ~ J . t~L~ilV/J~ l~~i1~IJIV~~~~/~I:l l~~f ~tl~l~tJi~~l~l~~'~• ~I~IJ~i~irit)~i~ , . pt tiit• t~i11VP1~IIV l)~ /~~it:~i1 it~ ~~uu~rrrniiun wilh tl~r hrnaii 1'rnin.ui:~ :Suruu~h ~rhnul 1fi.ic•i~•t ~._ P.O. Bux fi48 ir S~Id~f;ia, 1'da. ~., 9,6~,'J k 2u2~rSU I , y --r January 2, 1979 The Nonorable Jay Har~r~ond Governor, State of Alaska Pouch A Juneau, Alaska 99811 Dear Governor Hamnond: The Policy Advisory Council of the Kenai Peninsula Co~r~~~unity College is concerrted about the abiiity of our institution to provide the services needed by our citizens. tle are turning people away from job-ori•~nted courses and we do not seem to be receiving the support wc need from the University to correct the situation. The University Budget system does not recognize eitt~er the rate of grnwth or the growth itseif of our community and the subsequent demands placed on our College and its staff. To get some immediate relief for this critical sttnatton we are considering alternative sources of funding, including an approach to the Kenai Peninsula Borough Assem5ly for emergen~~ funding. In addition tv financial relief, however, the citizens of this Peninsula desperateTy need representation on the University Baard of Regents so that problems tirllt be recognized and deatt with by that body. To that end rfe again urge your consideration of t4rs. Donnis Thompson as an appointee ta the Board of Regents of the University of Alaska as vacancies develop. Mrs. Thompson was appointed by you to the Commissfon for Postsecondary EducatIon where she serves as Chairman of ~ the Community College C~mmittee. Her phiTosophical approach, her high level of common sense, and her ability to maJntatn her independantty rational position in times of stress are well knoom to you. !n additton, ~ Mrs. Thompson, who hotds an AA degree froM a corr,munity ccllege, ur-derstands the special place of tRe community college in the higher education scene in Alaska. You wtll recall that Donnis received aride spread support for a similar appointment last year. We are confident that the same enthusIastic support will be forthcoming again. Yours sincereiy, ~ • ~ ~~ `~l.~(~'r ~~ , g 4~~, Chati-rr~an ~ , Policy Advisory Couny~t ~D/gdf •/ , ; ~ I ;; - i; ~~ ~ ~ , . ~' . ' P' ' ~ ~~ k . , ~l ~ ~ r ~ ~ ~