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HomeMy WebLinkAbout1979-05-16 Council PacketKenai City Council Meeting Packet May 16, 1979 IL OF · CITy OF KENAI RESOLUTION NO. 79-73 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978-79 GENERAL FUND BUDGET: From: Streets-Repair & Maintenance Supplies ($3,500) TO: Streets-Repair & Maintenance $3,500 This transfer is needed to provide funds for sweeping the City streets which will be performed by Howard L. Anderson as an exception to bidding requirements since he is a ~ole source and supplier of said services. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. VINCENT 'O'REILLY, MAYOR ATTEST~ Sue C. Peter, City Clerk .~[... Approved by Finance: ~,~ CITY OF KENAI RESOLUTION NO 79-74 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI GRANTING CERTAIN EASEMENTS FOR CONSTRUCTION AND MAINTENANCE OF A STORM SEWER TO.THE STATE'OF'ALASKA, DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES. WHEREAS, the State of Alaska, Department of Transportation and Public Facilities has requested a temporary construction permit and an easement for the maintenance of a storm sewer, and WHEREAS, the Council finds it desirable to grant such easements and temporary construction permit at no cost in the interest of providing a storm sewer on certain City lands, and WHEREAS, such easements will not necessitate any change in the use of the land on which granted or affect in anyway presently-projected plans for the use of such land. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska, as follows: The the following corporation easement and temporary construction permit are hereby granted to the State of Alaska, Department of Transportation and Public Facilities: Corporation Easement for the construction and maintenance of a storm sewer and temporary construction permit for the construction of same on a location described as The Southwesterly ten feet of Lot 3 and the Northeasterly ten feet of Lot 4, Block 4, FIDALGO CORMERCIAL CENTER SUBDIVISION, according to Plat NO K-1587, filed in the Kenai Recording District, Third Judicial District, State of Alaska. PASSEO BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May 1979. ATTEST VINCENT O'REILLY, MAYOR Sue C Peter, City Cl~rk .DEPARTMENT 017 TRANSPORTATION and PUBLIC FACILITIES May 10, 1979 Re: Project No. SOS-1(019) Willow Street, Kenai ~SA-T2~I.H City of Kenai P.O. Box 580 · Ke0ai, Alaska 99611 Attention: John E. Wise City ~anager Dear Mr. Wise= Enclosed for execution by the City of Kenai are an Easement and a Temporary Construction Permit, for construction of the' storm sewer on the Willow Street improvement project, per telecon with Bill Nelson, your City Engineer. The storm sewer outfall line will run between Lots 3 and 4, Block 4, Fidalgo Commercial Center Subdivision, as shown on the attached plan sheet. We wish to thank you and Mr. Nelson for your cooperation on this project. If you have any questions, please feel free to call our agent, Gordon Severson, collect at 266-1630. CITY MANAGER'S REPORT May 16t 1979 HEARINGS ORDINANCE 479-79 AMENDING CODE FOR STEET EXCAVATIONS The Code has been updated since the last hearing and discussion with the contractors. The City Attorney has reviewed the problems with the franchise agreements and rights of the utility companies and will report on this at the public hearing. ORDINANCE 481-79 ASSESSMENT DISTRICT FOR INSTALLATION OF LUMINARIES ON WILLOW STREET Pursuant to the City Attorney's comments, it is recommended this ordinance be defeated. 3 ORDINANCE 484-79 TOPOGRAPHICAL STUDY should be tabled or deleted if we have not received the data from the State. ORDINANCE 489-79 AMENDING AIRPORT REGLEATIONSPROVIDING FOR GRASS/SKI STRIP This is, I believe, clean and complete and should be adopted. ORDINANCE 490-79 REPEALS ARFICLE THRE~ OF THE CODE as pertains to the Zoning ordinance. When the City Charter was enacted, the City had zoning authority, but the formation of the Borough made the City lose its zoning authority according to State law and this needs to be appropriately deleted. ORDINANCE 492 INCREASES FEDERAL REVENUE SHARING SPECIAL REVENUE FUND BY $24,000 The intent is to fund the shortfall between previous appropriations and bid for work on the Shop Building. ORDINANCE 493-79 INCREASES FEDERAL REVENUE SHARING SPECIAL REVENUE FUND BY $8,000 for the shortfall between previous appropriations and budgeted monies as well as the bid on the Animal Shelter. OLD BUSINESS 1 RESOLUTION 79-41 ACCEPTING KENAI MUNICIPAL AIRPORT MASTER PLAN There is a new page D 5-3, corrected copy, has'been received from TRA/FARR. I believe this rectifies Coupcil~s objections as it has been rewritten to specifically acknowledge that change.that Council requested. 2 RESOLUTION 7g-.57 AWARDING CONTRACT FOR TOPO MAPPING OF THE CITY should be tabled since we are not recommending adoption of'ORDINANCE 484. 3 RESOLUTION 79-61 AWARDS CONTRACT FOR CONSTRUCTION OF THE ADDITION TO THE ANIMAL SHELTER, This is predicated on the approval of Ordinance 493-79 and it includes the full project. 4 FINAL PAYMENT TO TRA/FARR FOR THE KENAI MASTER PLAN STUDY. This is contingent on the acceptance of 79-4~, the Resolution accepting the master plan. 5 SPECIAL USE PERMIT FOR ~HE GAS FUELING FACILITY AT THE AIRPORT to John and Krtstine Stoehner. The blank lease requested by the Council has, I believe, been added in the last paragraph and the dates have been changed to correspond with the dates of the actual occupation. CITY MANAGER'S REPORT May 16, 1979 - page 2 6 APPOINTMENT OF'MEMBERS TO KENAI )(ARBOR COMMISSION. Since adoption of that ordinance, no members have been appointed. Members should have been appointed for one, two, and three year terms according to that ordinance. G NEW BUSINESS 1&2 3 4 7 9 10 11 12 13 BILLS TO BE PAID/BILLS TO BE RATIFIED AND REQUISITIO)(S EXCEEDING $500. ORDINANCE 494 ADOPTION OF ANNUAL BUDGET FY 1979-80 and is in blank. This sets the date for the Public Hearing. ORDINANCE 495 INCREASES THE 1978-79 AIRPORT TERMINAL ENTERPRISE FUND BUDGET BY $3,000. $2,000 is for the relocation of the Bear's Lair from its current location to that section immediately opposite it plus the maintenance/repair for the Terminal. ORDINANCE 496 ESTABLISHING A CAPITAL PROJECT FUND ENTITLED 'STREET IMPROVEMENTS" This will rescind the previous one for the five roads and refund it plus provide for the Airport Way project. We have done this similarly for the tank and water/sewer lines in the City. This must be done for proper accounting procedures for the audits of these projects. ORDINANCE 497 INCREASES THE GENERAL FUND APPROPRIATIONS AND AUTHORIZES THE RETENTION OF THE FINANCE ADVISER AND BOND COUNCIL with the Revenue to be guaranteed by Sea Catch, Inc. The reason for this not being funded directly by.Sea Catch is that the strings to .the bond council/financial adviser should be a client-attorney relationship strictly between us and that adviser. If Sea Catch would pay it directly, then we would lose the privilege characteristic of the contract. ORDINANCE 48g replaces 481 above in the REFORMATION OF AN ASSESSMENT DISTRICT IN THE INSTALLATION OF THE LUMINARIES ON WILLOW STREET. This is identical to 481 and I recomnend serious consideration in the modification of the amount to perhaps make it more palatable to those who would be assessed. RESOLUTION 62 TRANSFERS FUND FOR COPYING CHARGES IN THE LEGISLATIVE BUDGET RESOLUTION 63 TRANSFERS WITHIN THE WATER AND SEWER BUDGET SALARIES AND OVERTIME to provide for cost overruns. RESOLUTION 64 TERMINAL LEASE RATES AND FEE SCHEDULES FOR FY 1979-80. RESOLUTION 65 CONTRACT AWARD FOR ADDITION TO THE SHOP FACILITY. This is contingent upon the adoption of Ordinance 492 above. RESOLUTION 66 TRANSFER OF TERMINAL ENTERPRISE FUND FOR REBIDDING OF AIRPORT TERMINAL WINTERIZATION PROJECT. The project has been redesigned according to Council directives after the rejection of the previous bids. We need to fund the publication of this rebidding. RESOLUTION 67 ACCEPTS A GRANT FROM THE SLATE (KENAI PARK TRAIL PROGRAM) FOR $28,225 for trail construction in the new 30 acres tract of the area around the Oilers Ball Field. at CITY MANAGER'S REPORT May 16~ 1979 - page 3 14 RESOLUTION 68 ACCEPTING A GRANT FRO~ FAA IN THE AMOUNT OF $346,910 for the slurry coat project, 15 RESOLUTION 69TRANSFER WITHIN TIlE DEPARTMENT OF REVENUE BUDGET for a notary seal, 16 RESOLUTION .70 REZONING REQUEST FOR LANDS WITHIN FIDALGO SUBDIVISION and a request for the Borough to initiate Public Hearings on such. 17 18 RESOLUTION 71 TRANSFERS WITHIN GENERAL FUND BUDGET FOR ADDITIONAL ACCESSORY EQUIPMENT FOR THE PARKS AND RECREATION RECENTLY-PURCtlASED TRACTOR. RESOLUTION 72 TRANSFER WITHIN THE STATE JAIL CONTRACT BUDGET FOR MACHINERY & EQUIPMENT for portable radios for use by the jail employees. 19 RESOLUTION 23 PROVIDES FOR A TRANSFER OF FUNDS WITHIN THE STREET DEPARTMENT for sweeping City streets, OTHER ITEMS 'I need a formal Council approval to place an ad for an AIRPORT OPERATIONS OFFICER and confirmation of the grade authorization for that position. The intent is to make the recruitment now so the individual can be here as soon as possible after July 1, FINE ARTS BUILDING The estimated cost of the renovations and what the group seeking support from the City for this project estimates would be the maximum matching share to the State grant they have requested. If the Council desires to proceed with this renovation, it would be simpler and cheaper for the City to make a grant to the group and have them manage the construction/ repairs, If the City were to control the project directly, we would have to prepare the bid documents and go for formal bids. This would raise the project costs from $50,000 to probably $75,000 I would guess. I am proposing the LEASE OF RAMP SPACE to the fish processors in the area for the upcoming fishing season. I am attempting to liav~ the processors provide the information concerning their needs to me at this time. At that point I can make the allocation so that all the processors can have some ramp space. My intention also is to lease the ramp space at approximately six cents a square foot which would be on an annual basis, but for ~nly a sixty day period. That would make the rate six divided by 12 times two months times the number of square feet. I will, if the Council agrees to this concept, have the City Attorney prepare the appropriate ordinance or resolution. I would have a drawing for ramp space in late May and attempt to execute the leases within the office rather than refer to Council. All the fish processors I have spoken to at this time do not object to this concept. I have requested Public.Wdrks prepare the ASSESSMENT DISTRICT DATA for the formation of an assessment district to fund the local share of an extension of sewer and water from Forest to Redoubt by Superior Builders. This is estimated at 1.5 million with 1/3 having to be locally funded. Once the formula is determined, I believe this should be done. CITY MANAGER'S REPORT 'May 16, 1979 - page 4 ~ 5 ! have forwarde~ to all affected property owners data on a Beaver Loop West water and sewer extension from th~ Katmai down Beaver Loop to the Y at the bridge and Beaver Loop. The data is being sent out for information purposes to seek their interest in forming an assessment district. Since the area is complicated by lot sizes and benefitted properties, we will not endeavor to develop an assessment district format until after we have a show of interest in the project. This project would b~ between the water and sewer, slightly over a million dollars, but it would be a fifty percent break between the State and local funding. 6 I have asked Public Works to coordinate with Ted Forsi and Associates out in Wildwood a change order for extending Water down Beaver Loop East, from the Beaver House to the site of the new fire house that is proposed. We have the Wince Corthell plans, but the basic project is Forsi's. I am sure we can work out the Change Order for coordination with the Thompson Park Line. 7 The Heinrich's who have opened the Beaver Loop Care Center have discussed with Mayor O'Reilly, myself and a representative of the Department of Community and Regional Affairs, entering into a day care State subsidy program. This is being reviewed by the Finance Director and the City Attorney, but we have not been able to develop any definitive data as to a resolution or ordinance, but we would like to know your interest. This must be sponsored by a municipality, but we could restrict participation in the project to Kenai residents. 8 The. CAB has issued a show cause order stating that they have issued tentative approval of the proposed route and they will entertain objections for the next 30 days and that they will award the route then if they receive no objections. g We have a quote on street sweeping and have made a budget transfer for it. Apparently there are some problems as to contract award and competitive bidding procedure which the City Attorney is researching. 10 The Attorney is preparing to go to court on the final action on the Constellation. Assuming success, we will move immediately for sale and removal of it. It must be removed before June 15 and the processor's fish flying. 11 Parks and Recreation Director has submitted a proposed parks development project that was developed in. relationship to the Rec Conmtssion desires and with an idea to have manpower assistance from CETA. 12 UNION 0IL has requested a modification to their drill permit for shut in of the well which is not now permitted for an extended period by our ordinance. Their desire to shut it in if the well is developable is that the well is being drilled primarily for Pacific Alaska LNG and it would not be tapped until that plant is in operation. The Attorney has this for comment. 13 BISHOP BROTHERS has still not, to my knowledge, responded to the lease for FBO lots one through four. I have no other information on their proposed lease. 14 Number of items for discussion by the Public Works Committee prior_to the coming Council meeting such as the Animal Shelter and the lube rack addition to the Shop Building. Their is a necessity for additional funding here. Additionally, CITY. I~ANAGER'S REPORT May 16, 1979 - page 5. responses received from Lilac property owners/residents, the warm storage faciltywhtch has no new quotes although we have a draft unsigned letter from FAA concerning the use of the shop building. I need guidance on response to this letter. 'As Council noted, there is a problem with the road from Tinker Lane north and I believe there is a meeting to be held prior to the next Council meeting. 15 BROWN CONSTRUCTION COMPANY has requested a meeting before submission of his final bills on the five street project. May ll, 1979 CITY OF KENA! ,4 P. O. BOX 580 KENAI. ALASKA 9961 TELEPHONE 283 - 7535 MEMO TO: FROM: SUBJECT: John Wise, City Manager Bill Nelson, City Engineer What's ltappening Report for Ciiy Council Meeting May 16, 1979 1979 IMPROVEMENTS TO KENAI 5tlINICIPAL AIRPORT Norcon has completed removal of the existing asphalt for Phase I. They are currently working on the subbase including filling, grading, and compacting. Paving is tenatively scheduled to begin next week. The inspector for the project has run a profile and cross section for Phase I and has calculated a slight adjustment of the center- line grade. Density tests have been taken on the 200' overrun. The electrical contractor has received the PVC conduit and is assembling it. The contractor has expressed concern about the accessabilit¥ of the suitable material in the borrow area. He said that the peat was 2' - 5' deep over the suitable material. 1979 MODIFICATIONS TO SEWAGE LIFT STATIONS The Notice of Award has been sent to Cordova Construction. A pre-construction conference has been scheduied for Friday, May 18, 1979, at 2 p.m. Utilities are being notified. The City-supplied materials for this contract have arrived in Anchorage and will be shipped to Kenai next week. 1979 CONSTRUCTION OF WATER IMPROVEMENTS KENAI SPUR ItlGHI~AY BEAVER LOOP TO DOGIVOOD A Notice to Proceed has been issued to l~ildwood Construction/ Alaska Constructors. Construction is to begin on or before June 1, 1979. A pre-construction conference has been held. l~ildwood intends to bore .under Beaver Creek to avoid disrupting the flow of surface water. What's llappening Report Page 2 May 11, 1979 1979 AIRPORT WAY WATER,SE{%'ER, AND STREET Construction has begun on this project. A]I tile clearing {las been completed and most of tile slash has been burned. The top layer of peat has been stripped back to allow the subsoil to dry. Excavation is to begin May 23. 1979 RENOVATIONS TO IVEI,L HOUSE 101 Rockford Corporation has returned tile signed Contract Documents; 'however, we are still waiting for their Minority Business Enterprise Utilization Report before signing the contract and issuing a Notice to Proceed. They have assured us that the MBE will be delivered to us by May 14, 1979. 1978 IVINTERIZATION OF AIRPORT TERMINAl, The architect has delivered modificd plans and specifications. The.first ad for a rebid of this project was placed May 9, 1979. The bid opening will be held on May 51 at 2 p.m. Arnold Myren of ~I)A gave us a verbal O.K. to advertise for less time than the normal 50 days as long as this did not conflict with State regulations. You indicated that there would not be any problem with a shortened bid period. 1979 ADDITION TO SHOP AND CONSTRUCTION OF LUBRICATION FACILITY Ordinance 492-79 to appropriate $24,000 of F.R.S. money to cover bid overruns for this project was introduced at the May Z City Council meeting. A public hearing is scheduled for the May 16 meeting. If this Ordinance is passed, then we will ask to have Resolution 79-65 passed to award the construction contract to Cordova Construction. '1979 ADDITION TO ANIMAL SHELTER° Ordinance-49$-79 was introduced May 2 to appropriate an additional $8,000 of F.R.S. money to cover bid overruns for this project. Pending outcome of the May 16 public hearing; we 9ill ask to have Resolution 79-69 passed to award the construction,:contract to Timberline Industries. 1979 TOPOGRAPHY AND AERIAL PHOTO STUDY CEIP We still have not heard from the grantors. The season is getting late for the aerial photography. Once the trees begin to leaf out, the photo interpretatio~ is a little harder to accomplish. h'hat's llappening Report Page 3 May 11, 1979 TIIREE MII,LION GALI,ON WATER STORAGE TANK A final inspection has been completed and the engineer has presented a punch list to the contractor. Some additional items will be mentioned to the engineer for inclusion in the punch list. SHOP · The Shop Crew has continued on regular maintenance plus mounting the summer tires on the vehioles. They have ground the valves in Unit 68; replaced the tail pipe, U-joint, and transmission seal in Unit 64; installed equipment in the new police cars; replaced camshaft, timing gears, and chain and tuned engine in Urit 53; and · continued checking out and getting the new police cars ~eady for service. WATER AND SEIVER CRE1VS The ~ater and Sewer Crew has been working on the Underground ~ell tlouse; hauling washed rock for the water fountains; working on the water meter chart at the Public Safety Building; raising and cleaning manholes; filled water tank; and worked on lowering the water level at the float plane basin. STREET CREI~S The Street Crews have been blading streets; backfilling washout caused by the float plane basin overflowing; herding caribou off airport property; cutting trees at end of airport; made and installed beach boundary signs; put in floats at boat ramp; cleaned up equipment from water main break; and worked on flood control of float plane basin, put in culvert, and rebuilt d ke. BN/jet KENAI PENINSULA BOROUGII AGENDA FOR B.O,E. AND REGULAR A£SEblBLY MEETING MAY 15, 1979; 7:30 P.M. BOROUGII ADMINISTRATION BUILDING P. O. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA- * BOARD OF EQUALIZATION * A. CALL TO ORDER AND ROLL CALL OF BOARD B. SClIEDULED HEARING OF APPELLANTS C. ADJOURNMENT OF BOARD UNTIL MAY 16, 1979, 9 A.M. B. C. D. F. * REGULAR ASSEMBLY ME~.TING * CALL TO ORDER AND ROLL CALL PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY SEATING 0P NEW ASSEMBLY~IEMBERS (none) AGENDA APPROVAL MINUTES: May 1, 1979 ORDINANCE HEARINGS (s) Ord. 79-20 "Revising the Zoning Code Wiihi'n'~hb' Municipal Boundaries of the City of gerard Regarding Minimum Lot Area, Churches and Mortuaries, and Lot Groups in Common Ownership" Ord. 79-21 (Substitute) "Declaring the Assembly's LegislatiVe' Policy with Respect to the Provision of Special Services in Service Areas and Defining the Status and Responsibility of the Boards of Directors o£ the Service Areas ~ithin the Borough, and Enacting Section 16.04.001 of the Borough Code of Ordinances" (c) Ord. 79~23 "Appropriating $4,222,659 for Fiscal Ye'hr 1979-80 for School Purposes and the Annual School District Audit" INTRODUCTION OF ORDINANCES Ca) Ord. 79-11 "Amending Section 2.08.040 of the Borough Code of Ordinances Relating to Abstention from Voting by Assembly Members in Cases o£ Conflict of Interest" (Re£. to Finance Cmte v/out setting for hearing) (b) Ord. 79-17 .(Substitute) "Enacting Section 2V08.150 bf the BOrough Code of Ordinances to Authorize the President of the Assembly to Appoint Committees o£ the Assembly to Hold Public Ilearings for the Assembly" (£rom Finance Committee) Assemblymembers Ambarian 10.66 Arness 9 Campbell 7.5 Cooper 10 Corr 9 Crawl,rd 4 Davis 9 Dimmick 9 Douglas 9 ~lson 10.67 Fischer 9 Hille 10.67 Long 9 Martin 9 Moses 11 McCloud 7.5 AGENDA FOR ~lAY 16, 1979 Page 2 (c) Ord. 79-29 "Providing a Comprehensive Zoning Code for the Seldovia District" Ord. 79..30 "Provisions for the Accrual of Interest on Service Area Cash Balances to the General Fund in Lieu of Administrative Service Charges" Ord. 79-31 "A Borough Homestead Enactment P¥~v£ding for the Acquisition of Title to Borough Lands by Homestead and Improvement" Ord. 79-32 "Rezoning Tract 3 in the Binkley Airport Tracts in the City oi Soldotna from the Unclassi£ied District to I-Industrial District" (g) Ord. 79-53 "Amending Section 2.08.120 o£ the lr~roh~h Code Setting Out the Order of Business of the Assembly, and Section 2.08.130 of the Borough Code Regarding Public Presentations to the Assembly" (h) Ord. 79-34 "Amending Chapter 5.04 of the ~okohgh COde by Enacting Section 5.04.021 to Require an Ordinance and Public Hearing in Oetermining the Amount from Local Sources for School Purposes for the Fiscal Year" PUBLIC PRESENTATIONS (with prior hotic~] .(a) Mr. T. C. Fuglestad, assessment Halibut Cove area (b) Mrs. Betty Warren, increased cost of borough operations I. CO10/ITTEE REPORTS (a) School Board (Douglas) (b) Cook Inlet Air Resources Mgmt. Dist. (Davis/Long) (c) OEDP (Fischer/Moses) (d) Finance (Hille/Cooper/Crawford/McCloud/ Corr/Douglas) (e) Solid Waste (Fischer/Martin/Cooper) (f) Roads and Trails (Long/Martin/Corr) (g) Ports and Harbors (Arness/Campbe11/Ambarian) (h) Local A£fairs (Campbell/Ambarian/Dimmick/Arness) (i) Legislative Overview (Long/Dimmick) J. I4AYORSS REPORT (a) Financial Report (April, 1979) SCHOOL CONSTRUCTION REPORT (a) Res. 79-5S "Accepting the Low Bids of Burton Carver'~ Co., Inc. and Cordova Construction and Authorizing the Award of Contracts to Relocate Portable Classrooms in Homer and to North Kenai" (Memo from ~. ~ard, Principals Hike! i Beauchamp) (TABLED ~lay 1, 1979) (b) Res. 79-64 "Accepting the Low Bid of Brown ~onstructton and Awarding a Contract for the East ltomer Elementary Site Improvement Project" Nemo 79-82 (c) R~p,. 79-6~ "Accepting the Low Bid o£ Cordova Construction and Authorizing a Contract for Various Improvements at the Sterling Elementary School and the Tustumena Elementary School" Hemo 79-81 AGENDA FOR MAY iS~ 1979 page 3 (d) Memo 79-84 "English Bay Teach~r*s Residence: Rejection of Bid Results' (e) Res. 79-6t **Authorizing the Pt:rchase of 66.2 Ac'rei of-Land in Section 24, Township 6 South, Range 14 Nest, Seward Meridian, For $562,700 £or the Site of the Future l[omer Elementary School" Memo 79-89, 79-85 P.C. minutes (f) Furniture and Equipment List ~or Sterling Elementary, Redoubt Elementary, ltoner lligh School (Approved by KPB School Board 5-7-79) L. OTtlER BUSINESS (a) Res, 79-6S '*Accepting the Low Bid o£ Coastal ~nstruction and Awarding a Contract for the Seldovia Landfill Access Road Project" Memo 79-83 (b) Res. 79-61 "Awarding a Contract for the Seldovia Landfill Site Development Project and Transferring Funds" Memo 79-88 (c) Res. 79-62 "Awarding a Contract for the Homer Lhhdfill ~aintenance to Yenney's Construction, the Low Bidder" Memo 79-86 (d) Res. 79-59 "Ratifying the Collective Bargaining ~greenent Negotiated Between the Kenai Peninsula Borough and the Kenai Borough Employees Association to Cover the Period Through June 30, 1981" Memo (Tabled May 1, 1979) (e) Request for Naiver o£ Penalty and Interest; (Baldridge) (£)Request for Naiver o£ Penalty and Interest; (R. C. Rogers) (g) Res. 79-67 "Approving the Total Amount of the Eo'rbugh Sc~nool District Budget for Fiscal Year 1979-80" MAYOR.AND ASS~I~BLY: COI~II, DiNTS AND DISCUSSION N. PUBLIC PRESENTATIONS O. INFORMATIONAL~ATERIALS AND REPORTS (a) Memo 79-87 ~onthly Status Report on School Projects (b) Minutes School Board, April 2, 1979 and Financial Report Plat Committee, April 9, 1979 Nikiski Fire Department, April 11, 1979 (c) AbiL Bulletin, Nos. 13, 14, 16 (SB 1t7 PASSED) (d) NENS, Dept of Labor, April 26, 1979 (e) News in Brief (~chool Board, ~ay 7, 1979) P. NEXT MEETING: BeE continuing 9 a.m. May 16, Budget Horkshop~ 7:t0 p.m., May 16, BeE continuing 9 a.m. to 4:30 p.m. on Nay 17~ and.6 p.m. ~ay 22. 1979 BOX 157 KENAI. ALASKA 9961 ~EPORT FOB THE MONTH OF APRIL, 1979 Circulation Adult Juvenile Easy Books Fiction 1113 313 10~2 ~on-Fiction 1295 122 212 Total Book Circulation Ft]~a, Phonodfscs, Pamphlets, Periodicals Total Circulation ~107 Additions 'Adult Juvenile Easy Books Git~s 215 9 16 Purchases 207 ~5 ~3 Total Additions Total 220 Remedial and Re-Worked Books Adult Juvenile Easy Books Total 1~6 1~ 23 193 Interlibrary Loans Ordered Received Returned Books ~7 29 20 Phonodiscs/AV 20 5~ 3~ lnterlibrary Loans by Our Library 1 Volunteers ~umber 33 Total Hours ~05 Fines and Sale Books · $350.05 Lost or Damaged Books ~8.21 Xerox 156.25 Donation 10.00 Total Income for April Kenat North Kena.i Soldotna Kasilof lintlchik Sterling Clam Gulch Borrowers Cards, April 1979 11 22 1 1 Total cards issued/renewed 1~ Obviously, 1977-78 was a very busy year for the Kenai Community Library. ~t has been a pleasure to see the many new people who have come into the library, some of them long time residents who had never utilized our old facility. The v~rious special programs sponsored by the Library Board and our volunteers have been very well received. New programs this last year have been the "Friday Flicks" .and the s~_,mmer .afternoon Alaskan films. The audit for the new building came out with no overages. We were able to purchase another typewriter and a projector Just before the audit was finalized as we were allowed two open purchase orders on completion. We are extremely proud that the library building did not go over budget and had very few change orders (3), and those improvements rather than design changes. The City of Kenai allowed us to appropriate in Anti-recess~onary funds ~n addition to our budget. Most of this money w~s spent for books, a small portion for book preparation supplies, and a very little for two young men to clean up the front of the building. The extra funding allowed us to purchase new copies of some of the classics, '.,ore reference Books, and some sorely needed indexes. We also purchased books for chfl&ren to replace and update both sections. The shiny new books are much more conducive to reading than the old, tired, worn copies, and the young people are certainly using these areae well. We are now on a 16mm film circuit as well as the 8mm. Both of these services are well used. We send 16mm fi].m listing to the schools and to those organizations showing interest each month as films come in, then bool~ films as requested. Many films are booked solidly throughout their stay in the area. Mrs. ~raves has been in charge of the "Friday Flick" ~fch has now run two winters and which has proven popular in the community. She has utilized some of the circuit films as well as films borrowed from the State Film Library and Pictures, Inc. We also initiated a film program each afternoon in the summer for anyone interested. We show various films on Alaska and this year we have our own films and audio tapes so the program should be much easier to handle. Pat Bronner has filed all the Alaska Depository material and is in the process of labeling shelves, putting pamphlets into holders, collating manuals and generally making the collection more available. We are circulating these materials daily and are finding th~n a good informatio_n_~l source. Story Hour is still popular. Eileen Bryson and Dorothy Shaw are our Story Ladies. Usually there are 30 to 20, 3 to ~ year olds each Thursday morning. ~he volunteers had an "~nventory Sunday" where attendees helped ~n inventorying the entire collection. We have deter- mined that in the two years we have be~n in this building ye are unable to account for less than lOObooks. Most of the missing books are in three categories: auto repair, house building or home-making. ~here were 1,60~ new books purchased by the city and actually shelved in 1977-78. ~his does not include many books purchased by the Antf-recessionary funds as those books did not actually reach the library until after July. We also purchased 229 McNaughton books and were donated 787 books and 63 phonodiscs. The list price of the donated material was $6~t~!~:~~ ~hese figures do not include the cash donations that were given the city and then budgeted Back in to the library. I feel that the library has progressed in many ways these last years. We now have two part-time employees, are being asked to help the Secretarial School at Wildwood bygSving their students on- the-Job trafx~ing, are using CINApeople through Wildwood on a part- time basis, and have been asked to cooperate with the Court System in utilizing some of the young people who have Been told to donate time in Community effort. These people mean extra supervision even as they help with the day to day work. Our volunteer staff varies with the seasons though our core group stays constant. I have asked that the City fund our two people for full time--maybe next year! Ail in all, the library has Been busy. This report ~,mma~izes only part of the 'activities and'programs that'have Been carried on at the Eenai Community Library during fiscal year 1977-78. Although statistics and Brief reports do not necessarily reflect a true pActure of the overall program, the information contained here highlights the salient features of our opera~ion. Respectf-~y sut~mitted, LIBRARY NumBer of Volumes July, 1977 Additions 1977/78 Withdrawals 1977/78 Number of VolUmes July, 1978 COLLECTION Adult: 1~167 139o (300) 15257 Juvenile ~088 ~OO1 (i67) ~922 · NumBer of Phonodiscs July 1, 1977 A~d~tions 1977/78 Withdrawals 1977/78 NumBer of Phonodiscs July 1, 1978 Total Collection July 1, 1978 _Total_ 18255 206~6 (~67) 20179 . 377 103 (2~) 2o179 20635 Parchases Total ?87 160~ 2391 Period/cai Titles 1977/78 Fiction Non-fiction Total Book Circulation Phonodiscs/AV Periodicals CIRCULATION 11329 L166h 1977/78 Total Circulation 1977/78 Yearly Circulation I97o/71 1971/72 191'2/73 1973/?~ 197~/75 1975;76 1976/T~ 1977/78 1978 thru April ~979 Easy Juvenile Books Total 2322 725 ]381 11662 29572 1218 2278 15160 17357 2022~ 22571 25558 38278 33169 35879 ~7799 ~3526 ~732 ~7799 DISBURSEMENTS Salaries/Wages/FICA/Retirement/Insurance Library Materials (Books ~Phonodtscs, Periodicals) Supplies Transportation Utilities Advertising Printing and Binding Repair an4 Maintenance Rentals (McNaughton) Miscellaneous $~0,860 17,679 3,955 9~0 3,780 3,h~3 ~,%3o ~,8o8 616 Total disbursement By City of Kenai ST?,~TO City of Kenat Anti-recess/chary Fines Gifts and Donations State Grant-in-aid INCOME $63,9~1 9,~31 3,389 ~9 Total Income $77,h?o VOLUNTEERS Volunteer hours 1977/78 h,516 Averse ntunber per month 28 Volunteer hours 1978-April '79 ~,603 Average number per month 3~.6 Salary an~ Benefits for 1 full time employee for one year $18,2~ Our volunteers tame equals approximately 2 1/~ full time employees. T~o full time employees would cost the City of Kenai $36,~10.for fiscal year 1977/78. SERVICES Special Collections Alaska I~ocuments Depository PARD Collection ~or Tutoring Program ~enealogy Collection Telephone Books on Microfiche (Limited) Periodicals on Microfiche Alaska State Library Rotating Collections 16 mm films 8 mm films Materials for Circulation Periodicals Phonodtses ~ooks Puzzles ~Donated) Mc~aughton Books Services Available Story Hour lO:30am until 11:30 am Thursdays Bummer Reading Program June ~ until JuJly 13 Summer Film 'Program May 14 until September 1~ Friday Flicks January until middle of March Microfiche Reader Microfilm Reader Magazine Inde Reader's auide to Peridoical titerature Manufacturer, s Register AV Material for T.~m~ted Circulation Projectors 16 ~m (2) SliSe S~reens 36" X 36" ?0" X ?0" each weekday 2:00 pm KENAI FiRE DEPARTMENT CITY OF KENAI BOX 598 · KE'NAI, ALASKA 99611 e~,e.~~ TO: JOHN WI SE, CITY MANAGER It/A/T£R A, WINSTON FROf4: W.A. WINSTON, FIRECHIEF SUBJECT: APRIL ACTIVITY REPORT April was slow and easy for the Fire Department with only four (4) fire calls, three (5) ambulance runs and one (I) simulated alert to the Airport for our F.A.A. annual test. The fire calls were very minor with one exception - an unoccupied traller with shed attached on Wllson was destroyed. This fire Is still under investtgatlon at thls time. The other calls were for grass (2) and a propane gas leak. The ambulance cal Is amounted to two (2) routine transports and one motorcycle accident with a broken leg. Our runs last month (March) totaled three (3) fire and eight (8) ambulance. Our April cai Is last year showed nine (9) flre, six (6) ambulance and one (I) a i rport a I err. A sure sign of Spring Is the increased number of tours Iooklng over the Fire and Police Stations. We had five (5) groups this month with a total of seventy-four (74) children in the 5 to 10 year range and twelve (12) adults. V/e had two (2) more Boy Scouts worklng in the station toward thelr Public Service Award this month. On April 3-5 we sent Captain Ivanoff to Anchorage to attend a schOOl on reportlng and preparation of the National Fire Incldent. reporting systems and on Aprll 24 through 26 the Flre Chief went to Kodlak to Instruct a 16 hour course on Marine and Shipboard Flrefightlng Tactics for the State of Alaska. Our own spring clean-up has started this month wlth the exterior grounds and parklng areas being raked and washed down. Fire prevention actlvltles has taken on a new approach this year by working In conjunction with the State Forestry, B.L.M. and the other area fire servlces in the form of school visitations and mall displays warnlng of spring wiidland fires and general fire prevention appllca~ tlons; in the Fall we will stress home' (structural) flre safety and work through all agencles once again. John Wise, Clty Manager April. Activity Report Page 2 In our regular preventlon and Inspection program we conducted a total of twenty-five (25) inspections, forty-five (45) follow-up and sent out twenty-nine (29) compliance notices. We were asked to conduct one (1) home Inspection for a fireplace installation and also conducted a home safety class for the High School. Our training operations this month show 408.5 hours of field training and 87,5 hours of formal class work. Respectful ly, Fire Chief WAW/I p F STATE OF ALASKA DEPARTMENT OF PUBLIC SAFETY Division of ~ire Prevention Box 2719 Juneau, Alaska CLASSIFICATION OF ALA~4S · ~ This Last Mon th ;.:on th How Ala~.-~s Were Receiwed: ~Box Teleohone Auxiliary To~al Alarms In Buildings Brush or Grass Ru'obish near Bui!dinc ./ Rubbish in ~acant Lot Misc. Outdoor Fires ~ehi~le~ "~n S~r~et mLUS OT~E~ ~'~ Rescue or Needless Calls // ,, / Accidental Alarms False Alarms Total DIRECT FIRE LOSS This Month 7'000. Building, Fire Loss Trailer Fire Loss Vehicle Fire Loss This ~onth Last Year 2 This Year To Date Last Year To Date S~me I4onth ] This Year Last Year~ To Date Last Year To Date ,, , ',,' //~'v, ' · Volunteer Payroll Persons Killed B~ Fir& Persons In~ured _ [ _ 1't4 03 - 4.17.63.1 .: " o CAUSES OF FIRES IN BUILDINGS ~ ' .... No. Of ;This .'year t'o p. ate Last Ye..a.r_to Da,t_e Fires · ~"ni$. MO, ~No. ,.Est. Loss, No. Es,t_...L0s,s Defective Chimneys, Flue.s,' ........ . ,Sparks, ............... Defective, Heaters .,, . ...... Rubbish Near Heaters ~ombus~til0,1es.' Near' Heaters .... " Open Ligh,t..s. Flames , , .. . Hot Ashes ................... '0il Burners ,,, _ Star.ting Fires, Kerosene. et'¢ / v Careless Smoking ........ .C.h..ildren with ~atches ..... , ........ .Careles,s ,U.s.e of Katches ., · ,. ,- .Defective 'Elect,.ric Wiring ...... Appliances and ~40tor,s ..... ~ome Dr%? Cleaning ...... , ..... -- Flammable Liquids .(u, se of) ...... :, ,- ~;~_mps and S. t0ves. .__ ~, -- .G_as and Appliances, .............. -- Grease on Stoves ..... .Spontaneous Ign.i,,tion , , , .... Fire.w_orks ............ .Thawing P. ipes ....... . Sparks from~ Machinery ' , ..Mis. lino%m Causes. .,, .. Suspicious ,,, " 4.17.63.2 OCCUPANCY OF BUILDING (Inspections; fires, losses) · -Insp, -Fi~es1 Losses I i~'~p..Fires LoSSe. PUBLIC BU!LDINGS:' Government_B~i ldings Hospitals and Institution Churches, / {_, _ ~ - D?~LLING OCCUPANCIES: __ Lodqinq Houses / Stores ~nd ~;ellinqs . ~R~TI LES: Restaurants ., ~:Larqe Single 0ccup. Mere. ~ MultiDle Oecup. ~ercantiles storage waFebORs~s , - F~NUPA~U~NG - __ Text.lc. Fabric .Workers .......... ,_ . Me%al Workers FoOd Products ............ -. ~ISCEL~NEOUS B~GS. ,', Lm~gr Yards. P~!ic Garages and Filling Sta%ion~ Private Garages . . ~sc..S~ructures ......... F~ ~3 - 4.17.63.4 i i~ I~OW FIRE WAS CONTRO. LLE~D Arriv~__ · This Year To Held Last Year / units -A Two Total Fires F~re Resistive: Not Fire Res!stive%~ Br] Iron Clad Cone Wood'Frame Total TYPE OF BUILDIN~G Losses t) Date This Year Last Year ' Exposure Losses (number of the. _Ab?.ve . ......:.:[ :. o Total Losses -.. *Interior construction mostly wood or with unprotected steel members. ~M.%3 - 4.17.63.3 ' ~.'L~IBER OF CASES IN I~IICH TIlE ~HI'--~-~ ],.e. ST THIS YEAR LAST YEAR CO}~I NTS ~ECEIVED .... - .,, ~onc~s or v~0~T~OS,S ~SSU~D ,2 q // · .~- ..... WO~TXO~S COa~C~ ,. COURT ACTIONS ~NSTI'r~'I'~D ,. " ~I~ DRILLS SUPEEVIS~ ] ~ '" zo 2o May 8, 1979 R£COI¢.$£NDATIONS FOR IMPROVEMENT OF PARKS ~]RCH p~,IV~/SPRUCE DR~'E PARK Repair swings 'Plant grass Install timbers to control parking Install small children's playground equipment Install trash recepticles Clear trail area Add dirt to base of chinning bars to cover concrete ~UN!pIPAL PARK Replace hockey rink with baseball field Pick up trash in camping area Clean cooking areas Empty trash recepttcles Set timbers in some area to contain vehicles Clear, up trash ~round beach area co)Jfort station Remove ~ooden fence and repair wire one for big field area Install gate for traffic control around field Grade parking lot and repair doors & windm~o Remove old materials from hockey area ACROSS FROM MALSTON'$ "If graded, would be good area for ball practice Install portable backstop [OE£$T DRIVE Implement as much of Carmen Gentollt's plans as possible/possibly in phases FAA FIELDS Replace green goal'pcets ~f possible 'Repatr~unsafe b]eacheF~ on'field if possible Place ftlr~T~*pTahC g~ass on fields Pick up trash S AVm P2kup trash around comfort stations Empty trash recepttcles on playground Nove swings/chinning bar and other equipment Repair swings Relocate project to East Kenat Par~??? ,gUNNI~GHAMPARK Remover amp and fill ~o~area Add some fireplace units Add gravel for vehicle parking Install picnic tables Cut,up dead trees for firewood. CITY OF KENAI ORDINANCE NO. 497-79 AN ORDINANC~ OF TIlE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN TIlE 1978-79 GENERAL FUND BUDGET BY $40,000 TO RETAIN A FINAN- CIAL ADVISER AND BOND COUNCIL REGARDING INDUSTRIAL DEVELOP- MENT BONDING. WHEREAS, the Council of the City of Kenai has received a request from Serendipity Enterprises to utilize City of Kenai industrial development bonds to finance construction of a hotel in the City, and WHEREAS, it will be necessary for the City to obtain advice from a qualified financial adviser and qualified bond council to properly evaluate the financial and legal feasibility of the proposed project, and WHEREAS, it is recognized that the cost of the financial ad- viser and bond council must be borne by the City of Kenai, but the City shall be reimbursed in full by Serendipity EnterFr!ses, and WHEREAS, proper accounting practices require that all appro- priations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1: Estimated revenues and appropriations in the 1978-79 General Fund Budget be increasgd as follows: Increase Estimated Revenues ' Reimbursed Bonding Costs $40,000 Increase Appropriations Non-Departmental-Profes- sional Services $40,000 Section 2: Prior to the retainage of the financial adviser and bond council, the City shall enter into an agreement with Serendipity Enterprises which gives adequate security to the City to assure that such professional services fees as appropriated in Section 1 will be reimbursed to the City of Kenai by Serendipity Enter- prises. Ordinance No. 497-79, Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of June,'1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance:J~>,w~ First Reading: May 16, 1979 Second Reading: June 6, 1979 Effective Date: June 6, 1979 ~ vw- CITY OF KENAI RESOLUTION NO. 79-62 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN TI{E 1978-79 GENERAL FUND BUDGET: From: Non-Departmental-Printing & Binding ($3O0) To: Legislative-Printing & Binding $300 This transfer is needed to provide funds for copying charges for the Legislative Department for the remainder of the fiscal year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved By Finance: ,'~.~,/~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1978-79 WATER AND SEWER SPECIAL REVENUE FUND BUDGET: From: Water & Sewer Services Contingency ($~,469) To: Water & Sewer Services Salaries $1,664 Overtime 1,805 .The purpose of this resolution is to ~ransfer funds within the Water & Sewer Fund to provide salaries and overtime for the remainder of the 1978/79 fiscal year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979.. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk Approved by Finance: Cct~ D / . . , ~SOLUTION NO. 79-64 A ~SOLUTIO~ OF THE COUNCIL OF THE CITY 6F KENAI, ALASKA, ESTABLISHIN~TERMINAL LEASE ~TES ~D A FEE SCHEDULE FOR THE .PERIOD OF JU~ 1, 1979 THROUGH JUNE 30, 1980 IN THE KENAI ~NICIPALAI~RTTE~INAL. WHE~AS, annually there is a review of the lease and fee rates for the Kenai Mun~¢ipal Airport Terminal, and ~E~AS, the following rates and fees have been reviewed and found to be economically sound. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the following minimum lease rate/ schedule for the period of July 1, 1979 through June 30, is ~dopted: Space Counter-Public Service Areas Office Space With Custodial Service W%thout Custodial Servic~ Area Without Custodial Service · $.99/sq.ft. //------ $.86/sq.ft. '-C "$.72/sq.ft. $.57/sq.f~. Commission-Rental Cars & Related Operations 10% of gross (minimum) Direct Dial Phone & Poster Space $108/yr. Poster Space $40/yr. ) Other fees as negotiated and approved by Council. ¥ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. VINCENT O'REILLY, MAYOR Sue C. Peter, Clerk Approved by Finance:6%~ CITY OF KENAI 'RESOLUTION NO. 79-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE CONSTRUCTION CONTRACT FOR CONSTRUCTION OF A LUBRICATION FACILITY AND ADDITION TO THE SHOP BUILDING. WHEREAS, the following bids were received and opened at 2 p.m., April 25, 1979: Bidder Base Bid Ded. #1 Ded. #2 Cordova Construction Timberline Industries S.J. Skerritt Const. $74,000 $4,000 $1,500 $81,888 $2,200 $1,027 $86,500 $2,500 $1,100 WHEREAS, sufficient funding for construction of this project has been appropriated, and WHEREAS, Cordova Construction is the lowest responsible bidder. NOW, THEREFORE, BE IT RESOLVED BY THE .COUNCIL OF THE CITY OF KENAI, ALASKA that the bid of Cordova Construction as the lowest responsible bidder for the Construction of the Lubrication Facility and Addition to Shop Building be ac- cepted and the contract in the amount of $74,000 be awarded to Cordova Construction. PASSED BY THE COUNCIL OF THE CITY OF ~ENAI, ALASKA this 16th day of May, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 79-66 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978-79 AIRPORT TERMINAL ENTERPRISE FUND BUDGET: From: Administration-Interest ($100) TO: Administration-Other $100 This transfer is needed for the advertising of the rebidding of the Airport Terminal Winterization P.roject. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk Approved by Finanoe:?9~ CITY OF KENAI RESOLUTION NO 79-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT OFFER FROM THE STATE OF ALASKA, DEPARTMENT OF NATURAL RESOURCES, FOR $28,225.00. WHEREAS, the State of Alaska has offered a grant to the City of Kenai in the amount of $28,225.00 to be applied toward Phase I of the Kenai Park Trail Program. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant, identified as "Alaska Trails and Footpaths Grant Program, Kenai Park Trail, Phase I 4940" for $28,225.00 be accepted. PA~SED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May 1979. VINdENT 'O'REILLY, MAYOR Attest · Sue ~ Peter, City 'Clerk Approved by Finance: _ iH .y I[~ 10-.569 gl.sDs I'tlIS A[;III;E~.II;N'I', made and entered Into this llth day of .__April .._, 19 7.~9 _, by and between the S'fATg OF ALASKA, here~ ~ callefi "State," and the City .~[~e~0~2J._ ................ ~ ~ polttJ, cal sub]tvtslon of the State of Alaska, hereinafter call 'Recaps. eat ; I~ I T N E S S E T }i: IflIEIIEAS, lleclpient proposes to undertake the follo'..:inoo outdoor recreation project: Eagt Kenat Park Trails hereinafter called tile "project," and, to that end, proposes .to perform the work as set out on the Project Proposal attached hereto, marked "Exhibit A" and by this reference made a part hereof; and D,'ItEREAS, it is the intent of tho. parties hereto that Recipient perform the development work set out in l':xhlblt A in accordance with AS ~1.20.355 and 11 I~&C 15.010-100, and any other applicahle federal and state statutes; }IOW, TItEREFORE, tile p~emises being in general as stated in the foregoing recitals, it is agreed by and between the parties. 'hereto as follows: 1. Recipient shall perform the work of the project in accordance with 'Exhibit A. 2. The estlmated total cost of the project is ~_28,225.00 · Recipient shall, in the first instance, pay all costs of the project. Upon completion of the project, Recipient shall submit to State afl itemized state~ent of the actual total cost of the project. 3. Upon receipt from Recipient of the itemized statement of the actual total cost of the project and completion of the project by Recipient in accordance with the term.q of this agreement, State shall provide the estimated total cost of the project or tile actual total cost of the project, whichever is the lesser, and shall pay su~ amount of Recipient, less a sum not to exceed 4 % of the total project cost for administrative costs. It is understood ~y the parties hereto that where the actual total cost of the project exceeds the estimated total east of the project, State shall not ba obligated to pay to Recipient, any amount in excess of ~uch estimated to=al cost, and that Recipient shall be solely responsible for any. excess of the actual total cost over the estimated total cost. 4, Upon completion of the project, Recipient shall, at its own expense operate amd maintain the project facilities for outdoor recreation use by the general public. 5. ].f Recipient' fa[l.~; to perfort,~ any of the work of thc project ttnd such failure, forces State ti} perform troy work necetmm'y to bring the project to a useful stage of completion (as determl,'...d by State), lteeil,iCnt shall relmbur:;e State for all State% costs in perfor,a[ng ~mch necessary competlon work~ less any fcJvrnl funds received by State for such work. 6. l:ectptent hereby agrc:en at hll ti. mos t'o codply with the STATE TPJ~II.~ AMD !:OO'rI'ATi:S PROJECT AGRI.;E:.:E:;T - Gener;:l Provisio~s, attached hereto, marked "Exhibit B" and by this reference made a part hereof, in accordance with paragraph 1 of Arttelo B (l~efin'£tions) of Exhibit B. 7. Tho. provisions of the main body of this agreemc.nt, and ]'.'xhibit B · hal] prevail, in case of conflict, over the provisions of Exhibit A. Recipient shall complete the work of the project by 0~__6/_3_0~82 9. Recipient'shall execute this agreement during a duly authorized session of its' general legislative body. Dated this day of , 19 , at , Alaska. 8~TE OF A~ASKA BY: ' City of Kenai EXIIIB~T A After appropriate brushing and clearing, construct a trail to be used an the summer for hiking and in winter for country-country skiing approximately 6160 feet in length of gravel, 12 inches deep with a tread 4 feet ~n width. (See attached map packet) EXII1 I~IT B STATE 'I'RAIL,q A?;I) FOO'£PAT."IS GENERAL PRO',:]S] O:;.~ Article B - 1. Definitio~%s. · (a) The term "S~'ate Officer" as used herein me,~.ns the persou executing this a~t'eement on behalf of the State and Jnc].udes a ' duly ~;ppolnted successor or authorized representativ(:. (b) The term "Department" r':eans the Depart~.ent of Natural Re.~ovrces which has executed thi.~ agree.~:ent for the State of Alaska. Article B - 2. Inspection and Reports. (a) The Department shall have the right to inspect, in such manner and at all reasonable times as it deems appropriate, ali. acti- vities of the Recipient arising in the course of its undertakings under this contract. (b) The Recipient shall make progress and other reports in such manner and at such times as the Department may reasonably require. Article B- 3. State Saved llarmless. ~he Recipient shall hold and save the State, its officers, agents a~d employeees, harmless from liability of any nature or kind, including costs and expenses, for or on account of any or all suits or damages of any characterwhatsoever resulting from injuries or damages sustained by any person or persons or property by virtue of performance of this agreement. Article B - 4. Equal E~loym. ent Opportunity. (a) The Recipient wall nat discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, age or sem. The Recipient will take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their' race, color, religion, national or,gin, ancestry, age or' sex. Such.action shall include, but not be limited to, the following: employment., upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination, rates of pay or other forms of compensation; and sdlection for training including apprenticeship. The Recipient agrees to post in conspicuous places, available to employees and applicants for employmant, notices setting forth the provtsiogs of this nondiscrimination clause. (b) The l:eC'll,ieut ~ha)l r. tate, iu all :~olic[t. att~,ns or  advertise,chis for emp]o>'eos to work on S~ate el Alaska conLract Jobs, tha~ all qu,~].i, f Led applicants wi~% receive con;;!~e:'ation for employ- ~. ment without regard to raee~ color~ rcl'Jglo;~, t~at~onal orJgin~ ;mcestry~ ago~ or sex. -~ (c) The Recipient will send to each labur union or presentative of worl~ers with which the Rectplent has a collective ~arllatnln~ a~reetlent or other contract or un~eru~.:%dinZ a notice advisin5 the sa~d labor union or workers' repre:~{.nta~ive of the Reciplent's commitments under this section, anti ~.hall post copies oi the notice ~'l conspicuous places available to all employees and ' applican~s for employemn~. (d) The Recipient will include the.provisions of Paragraphs (a) through (c) of this Section in every contract, and will require the incl.usion of these provisions in every sub-ccntract entered into by any of its sub-contractors, so that such provisions w~ll ba binding upon each sub-contractor, as the case may be. For th-~ purpose of including such ]>rovf,.~ions in an>' construction, maintenan:e, or service contract or sub-contract, as required hereby, the term'"Ccntractor" and the term "Sub-Contractor" may be changed to reflect appropriately the name or designation of the parties of such contract or suS-contract. (e) The Recipient agrees that he will fully cooperate with th~office or agency of the State of Alaska which seeks to de~l with. the problem of unlawful or invidious discrimination, and with all other State efforts to guarantee fair employment practices under this Agreement and sa~d Recipient will comply promptly with all requests and directions from the State Commission for lluman Rights or any of its officers or agents relating to prevention of discr.lminatory employment practice. (f) Full cooperation as expressed in clause (e) foregoing shall include, but not be limited to, being a witness in any proceediug involving questions of unlawful or invidious discrimination if such is deemed necessary by any official or agency of ~ha State of Alaska, per- mitring employees of said Recipient to ~e witnesses or complainants in any proceeding involving questions of unlawful or invidious discrimina- tion, if s~ch is deemed necessary by an official or agency of the State of Alaska, participating in Meetings, submitting periodic reports on the equal employment aspects of present and future emplo),"~.ant, assisting in inspection of the construction site, and promptly complying with all State directives deemed essential by any office or agency of the State of Alaska to insure compliance with all Federal an~ State laws, regula- tions and policies pertaining to the prevention of discriminatory employment practices. (g) Failure to perform any of the above agreements pertaining to equal employment opportunities shall be deemed a material breach of the Agreement. Tht: ¥ospons 1.1)[t: off:lc~:r ov~rf;eo:i~....~, co:~l)!i;:nc¢., wi! h ~nc.h fa[.r practice ami llon-dlsc:ril,liU;itio:l provision s:.,d~ ],e the (,>:ocutivo head of ~uch dcq)art't~en~ or othar agt. ucy of tho Stat,. of Alan;ica as is a party LO the agreeman~. S~ch responsible oiflcer shall report to fha State Commt. sstost for lluman llil;h~s whenever d~sc)'i::inr, tory practices are broul,ht- to hie attentign. , · Article B - 5. Termination. The State Officer, by written not!aa, may ter,:~iuate this contract, iii %;hole or ill part, when it is in the ],est i,]l'erest of the State. The Skate shall be liable only for pa¥..~at in acco~'dance wi[:h the pa)-ment pzov~sions of this agreement for services rendered prior to tho effective date of termination. Article B - 6. No Assignment. , The Recipient shall not assign this agreement nor any part thereof, nor any right to any of the monies to 'be paid him hereunder, nor shall any part of the work dona or materials furnished under said agreement be sublet, exc(;pt with the v.'ritt~n consent of the Stat(: Officer. Article B - 7. No Additional Work. No c].ai~ for additional services, not specifically herein provided, done or furnished by th~ Rec~pien: will be allowed by the Commissioner or the head of the agency, nor shall the Recipient do any 'work or furnish any material not covered by the agreement unless such work is erdered in writing by the State Officer. Article B - 8. Ifidependent Agent. The Recipient and any agents and employees of the recipient shall act in an independent capacity and not as officers or employees or agents of tile State in the performance of this agreement. Article B - 9. Payment of Taxes. As a condition of performance of this agreement, the Recipient shall pay all Federal, State, and local taxes incurred by the Recipient, Sub-Contractor or other person, or persons ~n the performance of this · agreement, and proof of payment of these taxes is a condition precedent to payment by the State under this Agreement. CITY OF KENAI RESOLUTION No 79-68 A RESOLUTION OF THE COUNCIL OF THE CITY OF I(ENAI, ALASKA ACCEPTING A GRANT OFFER FROM THE FEDERAL AVIATION ADMINISTRATION FOR $246,910. WHEREAS, the Federal Aviation Administration has offered a grant to the City of Kenat in the amount of $346,910 to be applied toward the financing of a friction seal coat and marking of Runway 01/19 and this represents 93.75 percent of the eligible project costs. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant offer identified as "Kenai Municipal Airport ADAP 6-02-0142-05" be accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May 1979. ATTEST Sue C Peter, City Clerk Approved by Finance C~f/~,~ VINCENT'O"REILLY, MAYOR CITY OF KENAI RESOLUTION NO 79-69 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKJk THAT THE FOLLOWING TRANSF£R OF MONIES BE MADE IN THE 1978-79 GENERAL FUND BUDGET: FROM Department of Revenue-Machineryand Equipment ($55.oo) TO Department of Revenue-Office Supplies $55.00 This transfer is necessary to provide a notary seal for the Department of Revenue clerk. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May 197g. ATTEST VINCENT O'REILLY, MAYOR Sue C Peter, City'C'lerk Approved by Finance CITY OF KENAI RESOLUTION NO. 79-70 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI REQUESTING THE KENAI PENINSULA BOROUGH TO REZONE CERTAIN LANDS WITHIN THE CITY OF KENAI. WHEREAS, a formal application for rezoning is now required, and WHEREAS, the old well site now platted as Fidalgo Commercial Center, Lots 6 and 7, Block 4 and Lots 3 through 7, Block 3 need to be rezoned from Conservation to General Commercial. WHEREAS, the proposed rezoning has been reviewed by the Consultant, R. W. Thorpe & Associates, who is preparing the master plan and they have concurred with the proposed rezoning. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the City hereby requests the Kenai Peninsula Borough to initiate action to rezone Fidalgo Subdivision, Lots 3 through 7, Block 3 from Conservation to General Commercial. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 79-71 BE IT RESOLVED BY THE COUNCIL OF TIlE CITY OF EENAI TtlAT TIlE FOLLOWING TRANSFER OF MONIES BE t~.{ADE IN TIlE 1978-79 GENERAL FUND BUDGET. FROM: Fire Auxiliary - Salaries ($2,100) TO: Parks - Machinery & Equipment $2,100 The purpose of this transfer is to provide monies to purchase accessories for the Parks Department tractor. · PASSED BY THE COUNCIL OF THE CITY OF KENAI this 16th day of ~ay, 1979. ATTEST: VINCENT O'REI .LLY, MAYOR Sue C. Peter, City Clerk .O Finance Director Approval: CITY OF KENAI RESOLUTION'NO. 79-72 BE IT RESOLVED BY TIlE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978-79 STATE JAIL CONTRACT SPECIAL REVENUE FUND BUDGET: From: Operating Supplies ($2,300) To: Machinery & Equipment $2,300 This transfer of monies is for the purchase of (1) a portable radio for the Jail Supervisor, and (2) two hand-held CB radios for jail use. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 1979. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk Approved by Finance:. ~/~ ...~ ORDINANCE NO. 493-79 ~~/ 'AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTI~TED REVENUES AND APPROPRIATIONS IN THE FEDE~L REVEN~E SHARING SPECIAL REVENUE F~D BY $8,000. ~E~AS, the City of Kenai is in need of an Animal Shelter addition, and' Federal Revenue Sharing Fund Increase Estimated Revenues: Federal Revenue Sharing Increase Appropriations: Transfer to General Fund WHEREAS, bids have been received and opened, and the lowest bid on the project is $32,697, and ' . WHEREAS, Ordinance No. 451-78 appropriated $20,000 of Federal Revenue Sharing Funds for this project, and WHEREAS, General Fund monies of $4,866 have been appropriated for this project, and ,, WHEREAS,be appropriated,in orderandtO accept the low bid, another $8,000 must '. WHEREAS, based upon information from t~e U.S. Department of the Treasury, adequate funds will be available in the form of Federal Revenue Sharing for these improvements, and WHEREAS, proper accounting practices require that all appro- .priations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations.be made: $8,000"' General Fund Increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund Increase Appropriations: Animal Shelter-Buildings $8,000' $8,000/ $8,000/ BY THE COUNCIL OF THE CITY OF KENAI~ ALASKA this 16th --VINCENT O' REILLY, MAYOR First Reading: May 2, 1979 Second Reading: ~4ay 16, 1979 Effective Date: May 16, 1979 'O . 4 RENAl Crl'¥ COUNCIl, * III-',~UI,~il MEI.;TING MAY 2, 1970 - ?:00 P.M. RENAl PUI~i,iC SAFI,;T¥ IIUILDING PLEDGE OF ALLEGIANCE. ROLL CALL AGENDA APPROVAL B, REARINGS 1. Ordinance 481-79 - Willow Street iuminatton p~Ject 3. Ordinance 484-?9: Increase Cenersl Fund llud~et by $82,000 for topographies! mapping- 3. Ordinance 485-?9 - increasing General Fund by $2.8?5 - donation to City 4. Ordinance 48,~-79 - Authorizing purchase of used tractor for ?arks Der.-.rtment 5. Ordinance 4l~7-79 - increasing Ceneral Fund by $?50 - L~hrary books a'td materials 6, Ordinance 488-?9 - Increase Capital Project by $30,000 "Water and Sewer Liues' ~, Election of Vice .~layor C. PERSONS PRESENT SCIIEDUI,ED TO DE }LEARD 1. Carol Oauden . 3, Oscar Thomas concerning the Excavation Ordinance I. Minutes of thc re~ula~ meeting of April I~. 1979 E. CORRESPONDENCE I. Fran Jones - Renal Arts ~ Xumanitles Council 3, North Tinker Lane Residents relative-to road condition OLD BUSINESS I. Ordinanae 479-79 - Exeavstions Ordinance 3. Resolution 79o41 - Accepting Renal ~unieipnl Airpert Maste~ Plan Study with exceptions a, Resolution 79-5~- - Requesting Borough to rezone ee~afn lands within the City of Renal G, NEW BUSINESS 1. Bills ia be paid - bills to be ratified 3. R~quisitions exceedtnZ $500 $. Ordinance 489-?9 o Amending Renal Munieip~l Airpo:'t Regulatton~ 4. Ordinance 490-?9 - Repealing Article 3 of the 1963 Renal Code (Zoning Ordinance) ~. Ordi~ce 491-79 - Increasing Capital Project Fund ~Airport Runway PevL, lg" by $3?0,03? 6. Ordin~nee 493~79 - Increasing Special Revenue Fund in the mount of ?. Resolution ?9-54 - Transfer of funds for survey and platting of City lands $. Resolution ?9-55 - Transfer of funds #Water & Scv:er Lines~ renovation of 5 lift stations 9, Resolution ?9-56 - Transfer of funds ~Fire Reservoir & Other Waist System Improvements" Il, Resolution ?9-58 - Transfer of funds to provide new uniforms for Police Department 13, Resolution ?9-59 - Awarding een~trdetton contract for Sewer ~.Kt l~tattons 13. Resolution ?9-60 - Transfer of funds for addition to Animal Shelter 14. Resolution 79-61 - Awarding construction contract for ~ddRion to Anhual Shelter ~ ' 15. Special Use Permit - John and Krtsttne Stoehner I?o Payment to CH2.~! Hill - Invoices Nos, 9?3?, 9738 and 9?53 19. Lease of City owned lands - Bishop Drothers 19, Pre-application for eleetrfeai/Ker~l Municipal 30, Final Pay Estimate - Rec_kford Ce.rporatlen (Subject to final inspection) ~1o Pay Estimaies - Brown t;onstructtOn H. l~eoR'r S 1. City ~. CRy Atto~ey 4. City Clerk ~. Finm~e Director' $. PlmminK i Zoning Commtsaion ... ';, BG~G.l~h Assembly * 8. Publio Wo~ks Committee from Counefl MAYOR & COU:qCII, - QUESTIO~qS AND COIt~,IENTS I. PERSONS PRESENT NOT SCHEDULED TO RE HEARD Ai~OUI~NMgNT · KENAI CITY COUNCIL - REGULAR MEETING MAY. 2, 1979- 7:00 P.M. F~AI PUBLIC SAFETY BUILDING ~ fOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Philltp Abet, Edward Ambarian, Charles Bailie, Betty Glick, Ron l~alston, Vincent O'Reflly and Michael Seaman Absent: None AGENDA APPROVAL: City Manager Wise requested that the agenda be adjusted as follows: Table B-2 and F-2; delete items G-10 and G-IS; and add items B-7: Election of Vice Mayor and G-21: Brown Construction Pay Estimates Council so concurred B. HF, ARINGS Ordinance 481-79 Mayor O'Reilly read Ordinance 481-79 by title only. "An ordinance finding that the installation of luminaries as a part of the State of Alaska reconstruction of Willow Street is necessary and will benefit the property affected and directing that the City proceed with construction of the improvement." Mayor O'Reilly opened the hear/ng to the public. Mr. Oscar Thomas - stated he opposed the assessment district as the improvement would be beneficial for all the citizens of Kenai and, therefore, the property owners affected should not be required to bear a portion of the cost of the construction. City Clerk Sue Peter advised that 22 letters of protest to th~ assessment district had been received at City Hall prior to the hearing. Finance Director Charles Brown advised Council that in his opinion the front footage fl~u'es should include the area beyond the Airport exit road. The assessment roll should reflect the additional focta~e to the entrance. Mr. Brown further commented that if the City were to reflgure the front footage the objections which were received totalling $1% of the property owners would be dropped to 44% aa the City would increase theh' share of the assessment. Mayor O'Reilly requested that the City Attorney offer comment relative to the requirement of properly forming an assessment district. City Attorney Schlereth advised that the procedure is covered both in the Charter and by Ordinance and ff there are any iii IIL_J ~ ~.JJl ~- IIIll II discrepancies, etc., tile Charter'provisions would prevail. City Attorney Schlereth advised that if affected property owners bearing more than 50% of the cost of the entire project protested, the matter of the continuation of the project would rest in the final decision of Council and such matter would require 6 members of the Council voting unanimously to over-ride the protestants. Councilman Ambarian inquired if all protestants had valid leases with the City and also inquired as to the duplication of signature. City Manager Wise advised that he would have to check the up-date on each lease, however, he felt that the duplication was resultant of the fact that some lessees have more than one lot and had signed individual protest letters. Councilman Ambarian asked that the City Attorney prepare an opinion on the legality of signing more than one protest letter. Mr. Thomas commented further that he felt the unlcased City land should not be included as the City does not pay taxes on such parcels of property. Mr. Thomas summarized that his basic opposition was that he did not feel that the property owners along Willow would benefit from the addition of luminaries but would allow all citizens of Kenai the opportunity to derive great benefit from such a project. Mr. Milton Donner representing Beluga Development offered protest against the assessment district as a property owner along Willow Street and stated that he concurred with the comments from Mr. Thomas and felt that the installation of the luminaries would benefit all of Kenai not just the lessees along Willow Street. Mr. Robert Borgen stated that he was also opposed to the assessment district as a property owner and also was concerned that the figures presented relative to the cost of the project, etc.,were indeed firm. There being no further comment, the hearing returned to the Council table. MOTION: Councilman Amb0rian moved, seconded by Councilwonian (]lick, that Ordinance 481-79 be tabled and further directed that the City Attorney review the ordinance for the questions of validity on duplication of signature and whether or not the leases are current and such report be submitted at the next regular Council meeting at which time the ordinance will again be considered by Council and the public. · Motion failed by roll call vote with Counctlmembers Ambarian and Gliek voting yes. MOTION - Councilwoman Gliek movecI, seconded by Councilman Bailte, for adoption of Ordinance 481-79, forrah~g an assessment district for the installation of luminaries on Willow Street. Councilman Aber commented that out of the $140,000+ project costs, the lessees would bear only a third of the costs, however, Councilman Abet stated that he was concerned that the eity was following the proper assessment procedures. Councilman Malston inquired if funds were available for the City to proceed with the project without the assessment district. City Manager Wise responded that he would investigate the poss~ility, however, he did know that $26,000 was left in Local Roads and Trails monies and there were funds remaining in the street bond funds. Councilwoman Glick stated that she would be in favor of tabling the ordinance until all the questions presented tonight were answered and have all the facts and figures presented before final actiqn. MOTION: Councilwoman Olick moved, seconded by Councilman Malston, to table Ordinance 481-79 and request that the State include this project in the ~cope of the lVtllow Street construction project as an alternate and in the interim period, the City Administration would prepare facts and figures relative to the assessment district and formation thereof. Motion passed unanimously by roll call vote. B-2: Ordinance 484-?9 Mayor O'Reilly read Ordinance 484-79 by title only. "An ordinance increasing estimated revenues and appropriations in the 1978-79 General Fund Budget in the amount of $85,000 to complete ground control, aerial photography and mapping within the City." MOTION: Councilwomen Glick moved, seconded by Councilman Malston, to bring the matter of Ordinance 454-?9 back to the Council table. Motion passed unanimously. There was no public comment. City Manager Wise requested that this item be tabled until the City has received the contract from the State. MOTION: Councilwoman Gltck, moved, seconded by Councilman Malston, to table Ordinauee 484-79 increasing estimated revenues and appropriations by.$85,000. Motion passed unanimously by roll call vote. B-3: Ordinance 485-?9 Mayor O'Reilly read Ordinance 485-79 by title only. "An ordinance increasing estimated revenues and appropriations in the General Fund by $2,875." The~e was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Ordinance 485-79, increa6ing estimated revenues/appropriations by $2,875. Motion passed unanimously by roll call vote. B-4: Ordinanee 486-79 Mayor O'Reilly read Ordinance 485-?9 by title only. "An ordinance authorizing the purchase of a used tractor and accessories as an exception to Charter provisions of competitive bidding. ~ There was no public comment. 5/2/~.9 - Page 4 MOTION: Councihnan Seaman moved, seconded by Councilman M,Iston, for adoption of -" Ordinance 486-79, authorizing the purchase of a used tractor for Parks & Recreation. Motion passed unanimously by roll call vote. B-5: Ordinance 487-79 Mayor O'Reilly read Ordinance 487-79 by title only. "An ordinance increasing estimated revenues and appropriations in the 1978-79 General Fund Budget in the amount of $750 for the purchase of lib,'ary books and materials." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman GIick, for adoption of Ordinance 487-79, increasing estimated revenues/appropriations by $750 for purchase of library books and materials. Motion passed unanimously by roll call vote. B~6: Ordinance 488-79 Mayor O'Reilly read Ordinance 488-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Capital Pro]eot fund entitled "Water and Sewer Lines" in the amount of $30,000 for the renovation of five lift stations." There was no public comment. MOTION: Councilwoman Gliok moved, seeonded by Councilman Seaman, for adoption of Ordinanoe 488-79, increasing revenues/appropriations by $30,000 "Water and Sewer Lineal' Motion passed unanimously by roll call vote. B-?: Bleoflon of Vioe Mayor Due to the resignation of Councilman Whelan, Mayor O'Reilly advised that the Council must select someone to flll out his term as vice mayor. Mayor O'Reilly opened the meeting to nominations. Councilman Malston nominited Councilwoman Gliek. Councilman Abet nominated Councilman Ambarian. Councilman Ambarian requested that his name be withdrawn from consideration. Council unanimously selected Councilwoman Betty Gliek to serve as Vice Mayor of the Kenai City Council. /' II _ I I Ce PERSONS PRESENT SCIIEDULED TO BE HEAR~ 1 J.'"~/' Ms. Carol Gauden spoil, to Council concerning'her allegations that the City Building Inspector did not enforce theUnifornl/Cod~ in the recent construction of her home located at lot 8, Block 6 in Redoubt Sub'ltv]sion. Ms. Gauden stated that the Inspector allowed 2x4s to be used to suppot-t a 3-story building, also the room over the carport is not properly supported thus the structure is pulling away from the ]louse and, in addition, Ms. Gauden claims that improper construction has resulted in the flooding of her basement during break-up. Ms. Gauden stated that she feels the City should compensate her in the repair work that is needed. City Manager Wise presented the original building permit that was taken out by Ms. Gauden's builder who elsa claimed to be the owner of the structure. The structure by normal standsrds is a 2-story building and the City does acknowledge that the quality of workmanship of the building i~. very poor but the structure did meet minimum basic standards with poor quality materials. Mayor O'Retlly inquired if Ms. Gauden had sought compensation for damages from the builder & Ms. Gauden advised that she had but the builder had threatened to file bankruptcy and she file(~ out-of-court for a minimal amount. · Councilman Amber]an, with Council coht~"fi-rFence, requested that the City Attorney prepare an opinion for presentation to Council at the next regular meeting. C-2: Oscar Thomas Mr. Thomas requested further consideration by Council of the proposed excavation ordinance and adjustments to the ordinance as requested by his firm, Kenai Utility Service Corporation. Mr. Thomas stated that the costs incurred by KUSCO for permits, eto.,that are required by the ordinance would have to be passed on to the consumer· Mr. Thomas further commented that he would strongly oppose any conflict with the existing franchise agreement ordinance between the City and KUSCO. And, would also oppose the annual license requirement, fees, certificate of insurance (already required by the franchise ordinance) and would hope that Council tak~ certain steps to correct these measures prior to final adoption. Councilman Seaman inquired if Mr. Thomas had reviewed the latest draft of the excavation ordinance and was advised that he had not. City Attorney Schlereth stated that the new draft ordinance addressed all of Mr. Thomas' concerns with the exception of the fee requirement. D-h Minutes of the regular meeting of April 18, 1979 Approved as distributed E. CORRESPONDENCE U-h Kenai A~s & Humanities Council Mayor O'Reilly acknowledged r~ceipt of correspondence from the Arts & Numanities Council in which the Council requests City aid in funding to match a grant they are J applying for for the renovation and repair of the Fine Arts facility (which is presently leased from the City). Frances Jones, President of the Council, advised Council that they are in need of a match of funds in the amount of $7,500. Councilman Bailie 5/2/79 - Page stated that as the building was being used for business purposes, i.e.tpainttngs being sold, etc., was the Council deriving any monetary benefit. Mrs. Jones advised that the Council received commissions from sales and such revenues were being used for maintenance and utili[y costs of thc building. Councilman Ambarian suggested that the Council acknowledge receipt of the request and such request bo referred to the budget work sessions for further consideration. Council SO ~oneurred. E-2: North Tinker Road Mayor O'Reilly acknowledged receipt of a letter on the "History of North Tinker Road a~ea as remembered by residents" and advised Council that several of the residents were in the audience and wished to offer testimony relative to the condition of their road. Mr. Robert Bergen - property owner stated that he was involved in the original construction of the road, however, when the City installed sewer lines for three property owners at the end of the street, the City brought in sand fill which has made the road in near impassable condition. Mr. Bergen requested that the road be upgraded or returned to it original condition. Mr. Harry Howell - stated that the road has been impassable for several weeks and residents cannot even drive the road with a 4~wheel vehicle. Mr. Richard Hallmark - advised that since the sewer construction was done, the drainage on the road has become increasingly worse, l~r. Hallmark commented that no up-grading has beer~ done to the road in the past seven years that.he has resided in the area. Mr. Roger Sehmidt - stated that his greatest concern regarding the imoassable road condition, is that the City could not get emergency vehicles (ambulance, fire trucks, otc .) down the road. Councilman Ambarian requested that the matter be referred to the Public Works Committee for consideration. Mayor O'Reflly requested that the rdsidents of the area be advised of such meeting. F. OLD BUSINESS F-l: Ordinance 4?9-?9 Mayor O'Reflly read Ordinance 479-79 by title only. "An ordinance repealing Section 18, Article 3 of the 1963 Kenai Code as amended relating to street excavations and enacting in its place a new ordinance dealing with this subject." N~ION: CouneUwoman Glick moved, seconded by Councilman Mslston, for introduction of Ordinance 479-79, as amended. 5/2/?9 - page 7 Mayor O'Reilly opened the meeting to the public. Robert Bergen requested that Council eo.nsideration be given to further amending the ordinance under Section 18.25.080 (1)" ......... The c'ontractor has given 2 days ..... " to rather state a "reasonable time" or somewhat less than the two days. QUESTION: Motion for introduction passed unanimously by roll call vote. F-2: Resolution 79-41 - R~MAINED TABLED 17-3: Resolution 79-52 Mayor O'Retlly read ReolutIon 79-52 by title only. "A resolution requesting the Kenat Peninsula Borough to rezone certain lands within the City of Kenat. n There was no public comment. Councilwoman Gliek commented that relative to the rezoning within Woodland .Subdivision, it was a "housekeeping matter" to bring the City recor~ls up-to-date, however, the rezoning in Fidalgo subdivision from conservation to general commercial should be considered carefully. Councilwoman (flick stated that she felt the rezoning was necessary but as the Council had, by resolution, determined that no rezoning would be done within the City until such time that the Comprehensive Plan was completed, she felt the City should strictly adhere to such action. Councilman Ambarian stated that it was his opinion that the Planning Commission was using the resolution to delay decisions on "spot rezoning~" however, would suggest that the resolution be brought back to the table and Section B excluded from the resolution at this time. MOTION: Councilwoman Olick moved, seconded by Councilman Ambarian, to bring Resolution ?9-52 back to the Council table. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarfan moved, seconded by Councilwoman Glick, for adoption of Resolution No. 79-52, deleting Section B. Motion passed by roll call vote with Councilmembars Malston and Seaman voting no. NSW BUSINESS ~-1: Bills to be paid - bills to be ratified MOTION: '0 Councilwoman Gliek moved, seconded by Councilman Malston, for approval of bills to be paid and bills to be ratified presented this date. Motion passed unanimously by roll call vote. ....... II _ Il Ii 5/2/79 - Page 8 a-2: Requisitions exceeding $500 'vi'ION: Councilman Ambarian moved, .seconded by Councilwoman C, lick, for approval of requisitions exceeding $500 as listed this date. Motion passed unanimously by roll call vote. G-3: Ordinance 489-79 Mayor O'Reilly read Ordinance 489~79 by title only. "An ordinance of the Council of the City amending Ord. 290-76 Kenai Municipal Airport Regulations providing for a grass/ski strip." MOTIOI~: Councilman Ambarian moved, seconded by Councilman Mai sion, for introduction of Ordinance 489-79. Councilman Abet stated that he was still concerned over the fact that this ordinance wo,,ld provide a service for a few individuals, however, the maintenance the City will have to provide may prove to be involved. QUESTION: Motion for introduction passed unanimously by roll cal'l vote. ~-~I.: Ordinance 490- 79 Mayor O'Reilly read Ordinance 490-79 by title only. "An ordinance repealing Article 3 of the 1963 Kenai Code as amended (Zoning ordinance) as this function has been relegated to the Kenat Penh~sula Borough." MOTION: Councilman Molston moved, seconded by Councilman Seaman, for introduction of Ordinance 490-79. Motion passed unanimously by roll call vote. (]-5: Ordinance 491-'/9 Mayor O'Reilly read Ordinance 491-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Capital Project fund entitled "Airport Runway Paving" in the amount of $370,037." MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for introduction of Ordinance 491-79. Motion passed unanimously by roll call vote with Councilman Abet abstaining due to personal '0 business conflict. 5/2/~9 - Page 9 G-6: Ordinance 492-79 Mayor O'Reilly read O'rdinance 492-79 by title only. "An ordinance of the Council of the City of Kc, at increasing estimated revenues and appropriations in the Federal Revenue Sharing Special llevenue Fund by $24,000." MOTION: Councilwoman Glick moved, seconded by Councilman P/lalston, for introduction of Ordinance 492-79. Councilman Ambarian stated that he would vote no on the ordinance as the bids were coming in higher than funded lately but the City was going ahead and appropriating a.dditional funds in each instance. QUESTION: Motion passed by roll call vote with Councilman Ambartan voting no. G-?: Resolution 79-54 Mayor O'Reilly read Resolution 79-54, transfer of monies in the amount of $4,000 to provide funds for surveying and platting of various City lands. There was no public comment. M'.~ON: ' Councilman Ambarian moved, seeonded by Councilwoman Glick, for adoption of Resolution 79-54, transfer of funds in Non-departmental/Professional services in the amount of $4,000. Motion passed unanimously by roll call vote. G-8: Resolution ?9-55 Mayor O'Reilly read Resolution 79-55. "Transfer of monies in the Capital Project Fund entitled "Water and Sewer Lines in the amount of $2,373 to (I) move unused other engineering funds to inspection to provide funding for the inspection contract and (2).increase the construction budget as a result of the construction bid award." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Resolution ?9-55, transfer of funds in Capital Project "Water & Sewer Lines? Motion passed unanimously by roll call vote. Resolution 79-56 Mayor O'Reflly read Resolution ?9-56 by title only. "A resolution transferring monies in the Capital Project fund entitled "Fire Reservoir and other Wster .qystem Improvement? There was no public comment. 5/2/79 -.Page MOTION: Councilman Seaman moved, seconded bY Councilman Bailie, for adoption of Il.solution 79-56, .... , · "Fire Reservoir and Other Water System Improvement~' Motion passed unanimously by roll call vote G-10: Deleted G-Ih Resolution ?9-58 Mayor O'Reilly read Resolution 79-58, transferring $2,400 to provide new uniforms for members of the Police Department. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for adoption of Resolution 79-58, transferring $2,400 for new police uniforms· Motion passed unanimously by roll call vote with Councilman ~,7alston abstaining due to possible business conflict. G-12: Resolution ?9-59 Mayor O'Reilly read Resolution ?9-58 by title only. contract for sewer lift station construction ." There was no public comment. "A resolution awardin~ construction MOTION: Councilwoman Gliek moved, seconded by Councilman Seaman, for adoption of Resolution 79-58, awarding construction contract to Cordova Construction in the amount of $~1,474. Motion passed unanimously by roll call vote. G-13: Resolution ?9-60 Mayor O'Reilly read Resolution ?9-60, transferring monies in the ar~ount of $266 to provide sufficient funds for the constru~ion of the addition to the animal shelter and cement pads. There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Baffle, for adoption of Resolution 79~60, transferring funds in the amount of $266 in Animal Control. [0 Motion passed unanimously by roll call vote. 5/2/79 - Page Resolution 79-61 Mayor O'Reilly read Resolution 79-61 by title only. "^ resolution awarding the construction contract for the construction of an addttiSn to the Animal Shelter." ~'here was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman l~lalston, for adoption of Resolution 79-61, construction of addition to Animal Shelter. Councilman Ambarian requested that the Public Works Committee from Council meet briefly to discuss the possibility of providing additional funding to add Deductive #1 back in to the contract. Following a brief recess, the Public Works Committee recommended the following: To allow the City to complete the entire project and introduce an ordinance appropriating the necessary funds. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to table Resolution 79-61, awarding contract. .. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Abet, for introduction of Ordinance 493-79, appropriating $8,000 from Federal Revenue Sharing Special Revenue' Fund to provide additional funding for construction of addition to Animal Shelter. G-15: Motion for introduction passed unanimously by roll call vote. Special Use Permit City Manager Wise advised that the Special Use Permit was requested by John and K~istine Stoehner allowing them the nonexelusive use of that portion of area as described in the permit for the operation and maintenance of existing facilities for storage, dis- tribution and sale of petroleum products for a term of five years at the annual rental of $392.96. Mx'. Wise advised that the Permit should be corrected to commence July 1, 1978. G-16: Counoil inquired if it had been determined .who would be responsible for maintenance and repairs as well as costs incuxwed for removing the facility should the FAA deem the necessity of relocation. City Manager Wise advised that the matter could be addressed in the Permit. Council referred the matter back to Administration to make the requi~ed adjustments prior to final opproval. Deleted 5/2/79 -' Page 12 7: Payments to CI12M Ilill MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of payments to CH2M IIill as follows: Invoice 9737 in the amount of $4,620; Invoice 9738 in the amount of $6,250 and Invoice 9752 in the amount of $364.50. Motion passed unanimously by roll call vote. G-18: Lease with Bishop Brothers City Attorney Schlereth stated that the City was not in receipt of the signed lease with Bishop Brothers and asked for Council concurrence that Bishop Brothers be advised that if a lease agreement is not entered into within a designated period of time, the City would terminate all pending action. Council so concurred. G-19: Pre-application City Manager lVise requested Council permission to submit the preapplication for Federal Assistance to upgrade and centralize primary and auxiliary Dower distribution, auxiliary power generation and airport runway taxiwsy lighting control and distribution. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, that the Council authorize that City Administration submit the preapplieation for Federal assistance to upgrade and centralize primary and auxiliary power distribution for the Airport. Mot/on passed unanimously by roll call vote with Councilman Abar abstaining due to business conflict. (]-20: Final Pay Estimate MOTION: Councilwoman Gliok moved, seconded by Councilman Seaman, for approval of payment in the amount of $6,608.82 to Rockford Corporation for Water Storage Iwprovement Project. Motion passed unanimously by roll call vote. G-21: Brown Pay Estimates City Manager Wise advised that the City anticipated final pay estimates from Brown Construction, however, Mr. Brown's attorney recommended that these not be f'mal pay estimates as they still questioned s~me portions. MOTION: Councilman Ambarian moved, seconded by Councilman Seaman, for approval of payments as follows: 07-51-26998 in the amount of $7,501.99; 07-51-26997 in the mount of $1,900.74; and 07-51-26965 in the amount of $798.05 and such payments be contingent upon Brown Construction submitting these bills as "final pay estimates" and upon receipt of release of liens by the subcontractors.. 512/79 ' I;ag~, 13 Councilwoman Glick stated that she would like to see the matter resolved between the City and Brown Cons{ruction, however, Councilwo..'nan Click stated she did not feel that payment would accomplish resolution of the matter. QUESTION: Motion passed by roll call vote with Couneilmembers Click and Malston voting no. II. REPORTS ti-l: City Manager (a) Lilac Street - Mr. Wise reported that the consensus of the residents is that Lilac b'e up-graded and stated that the matter would be referred to PubIie Works Committee from Council. Gravel Pit application - Mr. Wise advised that the Planning Commission approved the concept of the gravel pit application, however, asked that additional questions be resolved prior to final approval. Mr. Wise requested Council approval of the concept only. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, that the Council hereby approves the concept of the gravel pit application and contract with the State of Alaska. '-~ Motion passed unanimously by roll call vote. City Manager Wise reported that Administration will start work on the preparation of assessment district entitled North Kenai and Beaver Loop West relative to water and sewer lines. (d) Mr. Wise advised that the City has requested & submitted a grant application for additional funds on the Lift Stations in which the City asks the State to share in costs. (e) Mr. Wise reported that Paul Larson with FAA visited the City Shop facility and reviewed file equipment and it was pointed out to Mr. Larson that the City equtpr~ent was used fo support the Airport. Mr. Larson ia to respond with a letter relative to the Shop status. Mr. Wise stated that he talked with Larry Snell (Real Estate Division of FAA) relative to the ocmmunteation cable that crosses several City parcels of land. The City has inquired ff the FAA would remove ~he cable which the FAA is now considering. (g) PR&S Contract for Atrpor~ Way has now been signed and they will proceed accordingly. (h) Wildwood Contractors contract is in the office and Mr. Wise asked for Council approval to sign file document contingent upon review by the City Attorney. Council so eon- cuffed. (a) (b) (~) (~) H-2: H-3:. H-4: MAYOR & COUNCIL - QUESTIONS AND COMMENTS Councilman Ambarian inquired'if the City had proceeded with preparation for street sweeping and the City Manager advised that a letter had been sent to }fr. Anderson. Councilman Ambarian inquired as to the status of the janitorial contracts and was advised that specifications were prepared and bein~ advertised with the exception of the Police Department. Councilman Ambarian inquired as to the hold-up on the surveying of the Float Plane Basin and Mr. Wise advised that Malone was contacted that they would proceed immediately. Bluff erosion problem - Councilman Ambarian suggested that Administration prepare a report to Council on the bluff erosion problem currently under discussion. Mr. l~ise briefly advised Council on some of the history of the bluff erosion situation wherein in December 1977 the Corps sent the City a letter relative to the hazards of development on the bluff in certain areas and recent newspaper accounts made it sound as though the City had been in receipt of this information some time prior to December 1977. Mr. Wise reported on the City's current activities relative ~o the situation and stated that the City should again request funds to deal with the problem. Councilwoman Glick commented that the newspaper reports made the City look very bad. Councilwoman Gliek informed Counoil that in June of 1976 a petition was received from the Glads for vacation of the street (which extended to the bluff)and would not be constructed because of the erosion problem. Councilwoman Glick stated that she believes that the Glads were well aware of the facts and fully realize that the City is not remiss. City Attorney Report City Attorney Sehlereth advised that KUSCO had filed in Sma11 Claims Court against the City for the $600 purported payment they felt the City owed. Mayor Mayor O'Reflly advised that Beaver Loop Day Car~ Center is now operating and they are attempting to get State aid, however, the State requires a municipality to show support and be the Center's sponsor. Mayor O'Reilly stated that the Day Care Center could not limit its service to Kenai residents and would, therefore, be performing a Borough function. City Clerk City Clerk Sue Peter advised that 15 high s~hool students would be participating in functions of the City on Wednesday, .~iay 9th as oart of their .Student Govp~'nment Day. City Clerk Peter asked that all members of Council particioate in hosting students to the Chamber of Commerce luncheon. 5/2/?9 .- Page 15 ..... iii I' I[I City Clerk Peter also road tl~e results of a telephone poll conducted for the approval of submission of formal application for slurry eclat so. al to the runway which would require additional ADAP funding. Thc po11 was unanimously approved with Councilman Abcr abstaining and Counei.lmnn ~.~alston not available for voting, It-.5: Finance Director Finance Director Charles Brown advised Council that he has prepared a memorandum concerning Airport land sales. Also, Mr. Brown advised that he was in the process of reviewing a bill from Glacier State Telephone Company for relocation of existing telephone eables and such bill is in the amount of $31,000+. H-6: Planning & Zoning Commission Councilwoman Gliek advised that the Planning Commission had approved the concept of the gravel pit application however asked that several items be clarified by the Administration. A Public Ilearing was held relative to the Comprehensive Plan to-date and two lease applications relative to land on the Kenai River were submitted to the Commission for rev%w. Councilwoman Gliek advised that one application was from Bob Roper for additional lands and one from Royal Fisheries. H-7: Borough Assembly Councilman Ambarian reported on the Assembly meeting of May 1, 1979 in which several items were acted upon and under "Public Presentations" Mr. Chester Cone and Mr. Miles Dean reported that they have been cited by the Corps because of development lhey ave doing to their private property which is within the wetlands. PERSONS PRESENT NOT SCHEDULED TO BE ItEARD l~one ADJOURNMENT There being no further business, Mayor O'Reilly adlouxmed the meeting at 1:05 a.m. Respectfully submitted, K£NA! CITY COUIICIL - SPECIAL I4EETI~IG · :~ay b, lg7g - 6 p.m.' · PLEDGE OF ALLEGIANCE ~. ROLL CALL AGENDA APPROVAL B. HEARINGS 1, Ordinance No. 491-7g, increasing estimated revenues and .appropriations in the Capital Project fund entitled "Airport Runway Paving" in the amount of $370,O37 Ce tiE14 BUSINESS 1. Change Order - NORCON, INC. - slurry seal coat included 1n the Airport Runway Paving project . 2, Approval of contract with State of AlasI~a for installation of luminaries on Willow Street D. AIXIOURNMENT KENAI CITY COUNCIL - SPECIAL MF.F, TING Y 5, 1079 - 6:00 P.M. OR VINCENT O'IIEILL¥ PRF,~IDI.~'G PLEDGE OF ALLEGIANCE A, ROLL CALL Present: l~dward Ambarian, Charles Bailie, Betty Glick, Ron P.~alston, Vincent O'Beilly Absent: Mioh,~el Seaman and l'hillip Abet AGBNDA APPROVAL Approved as distributed B. HEARINGS 1. Ordinance 491-79 Mayor O'Reilly road Ordinance 491-79 by title only. "An ordinanoc increastnl; estimated revenues and appropriations in the Capital l'rotect fund entitled "Airport ~unw~y PavinF." in tho amount of $370,037." .~-. ?hero was no publi~ comment. MOTION: Councilman An~barian moved, seeondad by Councilwoman Gliek, fo~' adoption of Ordinance 491-79, into'easing revenues/appropriations by $370,037, Airport Runway Paving Project. Motion passed unanimously by roll call vot~. 1. Change Order - NORCON, INC. M~'. l~ise advised that with the adoption of Ordinance 491-79', funds were now approprdated so that tho City might include Additive Alter'hate (slurry seal coat) to the Airport Runway Paving Project. MOTION: Councilman Ambarian moved, seconded by Councilman Bnilie, for aporoval of Chan~e Order 1 to the NORCON, INCo contract for 1979 tmOrovements to the Kenai ~untoipal Airoort Runway project in the amount of $303,~15: ' Motion passed unanimously by roll call vote, SPECIAL {%~EBTING - Page 2 Saturday, May 5, 1979 . Approval of contract City Manager Wise advised that though the ordinance has yet to be approved relative to the installation of luminaries on Willow Street, the State has contacted the City that they must include it as an additive alte~'nate now and should the p~'oJect be dropped, the City may reject the addition to the project within four (4) days after bid opening. MOTION: Councilman Ambarian moved, seconded by Councilman P. nilie, to ~uthorize the State Dei~artment of llighways to include the lumtnation of '~'illow Street as an additive alternate and allowing the City the opportunity to reject the project after bid opening. Councilwoman Gltck stated that she wished it to be ve~y clear that if the ~tty does not wish to continue with project, that it will not be included in thc overall project under any eir- QUESTION: Motion passed unanimously by roll call vote. A~JOURNMI~NT There being no further business, the meeting adjourned at 6:15 p.m. Respectfully submitted, 8u~ C. Peter, City Clerk CITY OF KENAI · RESOLUTION NO. 79-41 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING THE KENAI MUNICIPAL AIRPORT MASTER PLAN STUDY (JANUARY 1979) PREPARED BY TRA/FARR AND TAP, INC. FOR TIlE CITY WITIt CERTAIN NOTED EXCEPTIONS. WHEREAS, a Federal Aviation Administration (ADAP) grant was obtained for a Master Plan Study of the Kenai Municipal Airport, and WHEREAS, the Master Plan analyzed current data and made, based on that data, projections or airport activity and needs through 1995, and WHEREAS, the plan was reviewed as it progressed by the City Airport Committee, Advisory Planning and Zoning Commission, and the Council of the City of Kenai and by a series of public meetings, and WHEREAS, however, certain data appearing in the Study was not accepted during the review process and corrected sheet 5-3 dated April 30, 1979 has been added. WHEREAS, this is a plan and, therefore, is subject to change as time and circumstances change and is, therefore, not a commitment made by the City to execute as shown, scheduled or otherwise indicated, any of the proposed actions indicated on the Master Plan. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Kenai Municipal Airport Master Plan and, specifically, the Airport Layout Plan prepared by TRA/Farr, Tap, Inc. is hereby approved as presented with the addition of the corrected sheet 5-3 dated April 30, 1979. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. ATTEST: VINCENT 0'REILLY, MAYOR sue C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 79-5? A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR TOPOGRAPHIC MAPPING OF SELECTED PORTIONS OF THE CITY OF KENAI. WHEREAS, the following bids were received for topographic mapping~ Ground Photo. Basic Total Central Mapping Basic 7 Sec. Bid Chg. for add'l 1/4 Section Dow1 Engr. $52,000 $2,400 $50,600 $105,000 USKH 14,440 5,270 35,290 55,000 Ted Forsi 26,714 2,175 49,398 78,287 $1,667 2,000 2,000 WHEREAS, the lowest responsible bidder is USKH at $55,000 for basic bid items, and WHEREAS, depending on finalization of the CEIP grant for this topographic mapping up to 15 additional quarter sections may be fundable. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a contract be awarded to USKH for topographic mapping as specified in the bid documents in the amount of $55,000 and be it further resolved that additional quarter sections be authorized for mapping as designated by the City Manager within funds available at $2,000 per quarter section. PASSED BY THE COUNCIL OF THE CITY OF ~NAI, ALASKA this day of May, 1979. ATTEST~ VINCENT 0'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance~_~~ CITY O~ KENAI RESOLUTION NO. 79-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE CONSTRUCTION OF AN ADDITION TO THE ANIMAL SHELTER. WHEREAS, the following bids were received and opened at 10 a.m., April 25, 1979. BIDDER BASIC BID DEDUCTIVE #1 Timberline Industries Susitna Services Cordova Construction $32,697 $ 6,668 34,978 10,112 33,000 6,000 WHEREAS, sufficient funding for construction of the entire project has been appropriated, and W~EREAS, this project was bid with the understanding that the award would be made to the lowest responsible bidder, and WHEREAS, the lowest responsible bidder is TIMBERLINE INDUSTRIES. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Basic Bid of Timberline Industries a~ the lowest responsible bidder for the construction of an Addition to Animal Shelter be accepted and the construction contract in the amount of $32,697 be awarded to Timberline Industries. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. # VINCENT O'REILLY, MAYOR ATTEST Sue C. Peter, City Clerk ~f~/ARC~IITECTURE ENGINEERING PLANNING INTERIORS Apr~l 20, 1979 ~lohn ~/fse, t4anager ·Ctty ot' Kenat Box 580 Kenaf, Alaska 99611 RE: Kenat Nasterplan Study Oear John: -Enclosed is our Statement No. 13 for work performed thru completion.. Included are monthly progress reports. Yours very truly, 123,159.00+ 114,0~- 1,~- ROF/rls cc Jtm Perham ~/encl. 313 "E" STREET, ANCHORAGE. ~ 99501 TELEPHONE (907) 277-2641 _ Ii_ JilJ._l _. ~ _3 _Il /' USE PiP, ii T (Airport Facilities) THIS AGREEMENT entered into this 1st day of July, 1978, by and between the CITY OF KENAI, a home rule charter muni- cipality of Alaska, hereinafter called CITY, and JOHN AND KHISTINE STOEIlNER, hereinafter called User, WITNESSETH: That the City, in consideration of the payments of the rents and the performance of all the covenants herein contained by the User, does hereby authorize, on a non- exclusive basis, the User the following described property in the Kenai Recording District, Alaska, to wit: An area 60'.0" x'6S'.0", as shown on a survey dated September 25, 1968, made by Hewitt V. Lounsbury & Associates and located 50'.0" South of the present Telwinal Building, together with fuel line location under and across the General Aircraft Apron as outlined on Standard Oil Company of California Drawing GB- 131332-0 dated August 27, 1968 and described as Plot & Piping Plan - Jet Fueling Facilities, Western Airlines, Airport Kenai, Alaska. Such survey and drawing to become part of this permit, for the term of five (5) years from the 1st day of July, 1978, to the 1st day of July, 1983, at the annual rental of $392.73 payable yearly in advance of the first day of each permit year of said term. The rental specified herein is calculated at the rate of $.1007 per square foot per year. (3,900 sq. ft. at $.1007 or $392.73) In addition to the rents specified above, the User agrees to pay to the City fees as hereinafter provided: The fuel flowage fees as outlined in Section 10.110 of the Kenai Municipal Airport Rules and Regulations and any fees may be outlined in any future revisions to the above ~ntioned Section or.renumbered, section thereof, said fees to be payable in customary manner ~y user~supplxers. The pt~wposes for which this permit is issued are= User's operation and maintenance of existing facilities for storage, distribution and sale of petroleum products, including aviation fuels, oils, lubricants and related products, on said Kenai Airport, provided that this shall not prevent similar activities at other locations on said airport and the User agrees to continue to use the privilege granted uninterrupted by periods which in the aggregate amount to no more than one year. GENEIU%LCOVENANT8 1. Except as provided herein, any regular use of lands or facilities withouf the written consent of the CITY is prohibited. This prohibition shall not apply to use of areas designated by the CITY for specified public uses such as, but not necessarily limited to: aircraft ramps or taxi- ways, passenger terminals, automobile parking areas, roads and streets. 2. Solicitation of donations or the promotion or operation of any part or kind of business, or commercial enterprise not contemplated by this permit upon, in or above airport lands without the written consent of the CITY is prohibited. 3. Any or all personal or real property placed or used upon lands or in facilities in violation of the preceding prohibitions may be removed and/or impounded by the CITY and when so removed and/or impounded, such property may be redeemed by the owner thereof only upon the payment to the CITY of the costs of removal plus storage charges of $1.00 per day in the case of eaoh aircraft of not s~re than 6,000 pot~lds gross weight, or $5.00 per day in the case of structure or each aircraft in excess of 6,000 pounds gross weight, or in the case of any other kind of property an amount not to exceed $5.00 per day.' 4. The User agrees to pay tho annual rental and fees specified and not to assign its permit or any part, nor let, nor sublet, either by grant or implication, the whole part of the premises or any part without written consent of the CITY; provided, however, the foregoing shall not prevent User's performance and exercise of any and all rights grantod hereunder by or through its duly appointed Airport Dealer or agent. S. The User agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof nor removing any material therefrom without written consent of the CITY. At the expiration of the term fixed, or any sooner determination of the permit, the User will peaceably and quietly quit and surrender the premises to the CITY. 6. Checks, bank drafts or postal money orders will be made payable to the City of Kenai.Muni¢ipal Airport and delivered to the City Administration Building, Kenai, Alaska. 7. Any construction if permitted by amendment hereof, shall be neat and presentable and compatible with its use and surroundings. P~ior to placing of fill material, the User shall submit a plan of proposed development of property to the CITY who shall approve in writing all major permanent improvements. 8. At the expiration of this permit, if the User desires a renewal, it shall within thirty (30) days before the expiration make application in writing for a renewal, certifying under oath as to the character and value of all improvements existing on the land, facilities, properties or interests therein, the purpose for which it desires a renewal and such other information as the CITY may require. The User shall deposit with such application the sum equivalent to 100% of the annual rental or fees still in effect. Such application, when fully conforming to the requirements herein stated, will extend the permit until such time as the CITY gives notice to-the User that~ (1) the request for renewal has been granted; or (2) the request for renewal has been rejected, stating the reasons for such reJection~ or (3) the CITY has determined it to be in the best public interest or is required by law or regulation to offer the permit at public auction. 9. Should default be made in the payment of any portion of the fees when due, or in any of the covenants or conditions contained herein, and said default is not oorrected within thirty (]0) days after receipt by User of written notice · ' from CITY of such default, the CITY may re-enter and take USE PERMIT - Page 2 posses~ion of the premises, remove all persons therefrom, and upon written notice terminate the porm£t. 10. All written notices to be 9ives by User to CITY hereinafter'shall, until further notice by CITY, be addressed to CITY at the City Administration Building, P. O. Rex 580, Kenai, Alaska 99611. All written notices to be given by the CITY to User hereunder shall, until further notice from User, be addressed to Users, John and Kristine Stoehner, P. O. Box 550, Kenai, Alaska 99611. All such notices shall be given by depositing the same in the United Staten mail, postage'prepaid, for delivery by registered or certified mail. ll. The uses authorized by this permit are subject to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interests to the 12. CITY shall have the right, at all reasonable times, to enter the premises, or any part thereof, or after notice to the user permit others enter thereon as long as the user's use hereof ts not unduly affected. 13. User c0venan~s to save the CITY harmless from all action, suits, liabilities or damages resulting from or arising out of any acts of commission or omission by the User, its agents, employees, customers, invitess or arising fzom or out of the User's occupation, or use of the premises or privileges 9ranted. Insurance coverage limits required of User are set forth below. (a) Public liability insurance protecting both the City and/or its agents and the User, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $250,000/$500,000/ $100,000. (bi User agrees to carry employer's liability insurance and Workmen's Compennation insurance, and to furnish a certificate thezeof to the City. (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. (d) User agrees that waiver of subrogation against the City shall be requested of User's insurer, and shall be provided at no cost to the City. (e) Cross Liability: It is underntood and agree4 that the insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured or employees of such other named insured. (f) The insurance procured by User as herein required shall bo issued in the name of the User and the City by a company licensed to do business in the State of Alaska, and shall contain endorsements that (1) such insurance may not be cancelled or amended with respect to ~he City without thirty (30) days written notice by registered or certified mail to ~he City by the insurance company; and (2) User shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance. USE PERMIT - Page 3 14. The User agrees to furnish the CITY an annual sworn statement of gross business receipts and/or an annual sworn statement of the number of gallons of fuel and oil sold and/or any other certificate or statement required by the CITY to substantiate the computation of rents or fees. 15. Any or all charges, fees or other consideration which are due and unpaid at the expiration or voluntary or involuntary termiz~ation or cancellation of this permit shall be a charge against the User and its property, real or personal, and the CITY shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the CITY or its authorized agent. 16. CITY reserves the right to take, grant and control easements in, on or above the land used. No such grant oF easement will be made that will unreasonably interfere with the Userts use of the land. 17. This permit is subject to cancellation upon thirty (30) days after written notice from the CITY to the User if the User does not maintain reasonable operations or commits discriminatory acts, and such operations or acts are not corrected by User within said thirty (30) days. 18. User agrees that CITY may modify this permit to meet requirements for federal or state grants, or to conform to the requirements of any revenue bond covenant to which the City is a party provided that, in the case of modification to conform to the requirements of any revenue bond covenant, the modification shall not act to reduce the rights or privileges granted the user by this permit nor act to cause the User financial loss. 19. Improvements' owned by a User on airport lands shall, within sixty (60) days after the expiration, termination or cancellation of the permit, be removed~ provided, that, in the opinion of the CITY, such removal will not cause injury or damage to the lands~ and further provided that the CITY may extend the time for removing such improvements in cases where hardship is proven to its satisfaction, provided application for extension has been made in writing and received within said sixty [60) day period. The retiring User may, with consent of the CITY, sell its improvements to the succeeding User. 20. If any improvements and/or chattels having an appraised value in excess of $10,000 as determined by the CITY are not removed within the time allowed by General Covenant No. 19 of this permit, such improvements and/or chattels shall, upon due notice to the User, be sold at public auction under the direction of the CITY. The proceeds - of sale shall inure to the User who owns such improvements . and/or chattels after deducting and paying to the CITY all rents or fees due and owing and expenses incurred in making such sale. In 6ase there are no other bidders at such auction, the CITY is authorized to bid on such improvements and/or chattels an amount equal to the amount owed to the CITY by the User or $1.00, whichever amount ia greater. The City of Kenai s~all acquire all the rights, both legal and equitable, that any other purchaser could acquire by reason of such purchase. 21. If any improvements and/or chattels having an appraised value of $10,000 or less, as determined by the CITY, are not removed within the time allowed by G, neral Covenant No. 19 of this permit, such improvements and/or chattels shall revert to, and absolute title shall vest in the CITY. USE PERMIT - Page 4 22. This permit is issued subject to all provisions and requirements of the laws and regulations of the CITY relating to airport lands and granting of privileges of tho same as though they wore set forth in full over the sig- natures of the contracting parties. 23. If any term, provision, condition or part of this permit is declared by a court of competent Jurisdiction of the State of Alaska to be invalid or unconstitutional, the remaining terms, provisions, conditions or parts shall continue in full force and effect as though such declaration was not made. 24~ There is hereby reserved the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause in said airspace such noise as may be inherent to the opera6ion of aircraft, now know~ or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating On the Kenai Airport. 25. The User, by accepting this permit, expressly agrees for itself, its representatives, successors and assigns that it will not erect nor permit the erection of any structure or object which would be an air~)rt obstruc- tion within the standards established under the Federal Aviation Agency Technical Standard Order Ni8, as amended. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object all of which shall be at the expense of the User, its suc- cessors or assigns. 26. The User, by'accepting this permit, expressly agrees for itself, representatives, successors and assigns that it will not make use of said property in any manner which might interfere with the landing and taking off of aircraft from said Kenai Airport or otherwise constitute an aircraft hazard. In the event the aforesaid covenant is breached, the User reserves the right to enter on the land conveyed hereunder and cause the abatement of such inter- ference at the expense of the User. 27. This permit may be transferred to a corporation formed by the undersigned at a later date with the consent of the City Manager without the necessity of further City Council approval. 28. User acknowledges that this authorization is not intended as an exclusive grant or privilege. 29. Should for any reason th9 City determine that the fuel facilities or any part thereof owned by the User should be relocated, the .User agrees that the City ~ay at any time have such relocation accomplishment at the City's own ex- pense. The City shall make every effort to cause such relocation in the most expeditious manner as possible, however, in no event will it be liable for any loss of profits or other inconvenience to the p~rmittee resulting from such relocation. CITY OF K~NAI ... ._J~ Stoehner. John E. Wise <~ ~/_. i City Manager '~ristine Stoehner / USS PEItMIT - Page 5 A~K OVF. S 6500.00 milCH NKKU COLINCIL A~P~OVAL FOR A?PROV~L Glacier State A~yenka Soles Chovr~ Peterkin ~tt~t*It AHt)UN'r ~SSCRIP'I.ION ~ROJI~C':T/p~pT,~ ,. , gaiter Stephens, Xme, Hailer Construction Xerox Cl~ lnsurtoce qemey Y~ Off~e ~pplio 587.08 P~nse Hood Jail Hlsh Pressure ~auher So~r Trsmtment 550.00 TV-Antenna & Cable Jill 1,958.3& April Phone Various Departments 5,250,63 April Sl,,ctrictty Vmrioum Departments 7~0o00 Lean Burn Unit ~lycer Shop 1,333.54 Gasoline Shop 6,093.75 12/1/78--611/79 Interest Debt Service-Air Term 631.20 Coffee & Peper To~elm Shop Foo~ J&iI 10995.50 Concrete Blades & Belt V & S Co~crete Sew # & S Saw Blades W & S EnStne Pump Shop Hoses Streets 1,259.62 hi,relies Jail Lag Irons, Cuffs S Pliloum Jail 2,000.00 Drill Ste~o W & S 1,088.8~ April bntal V&rioue Departments 2,793.00 April Wori~mn*l Comp Vurio4l Dmp~rt~entl 8OO.00 Gr~mt Application CP-Alrport Rnwy ravinS 1,132.77 Office Supptins City Atturnmy llachina Repair City ACtorne~ Office Supplies Finance Office Supplies ~1d-Adein Office Supplio0 Police Office Supplies Fire Office SuppXlns Librnry C~ir Librery Office Supplies W & S Office Supples Se~r TruSt Office Supplies Jail Offt~ F4uipmmt Jail OR RATIFICATION Buildings 111,13 hch & Equip 469.95 )tach 6 Equip 550.00 Communications 1,958.34 Utiltttna 5,250.63 hch t Equip 750.00 Opmrutin8 Supplies 1,333.5~ Interest 6,093.75 Operating Suppliec 228.00 Opsratins Beppliee &03.20 Small Toule 61.20 Rentulm 33,95 Reclaim 6.85 ~epair~Mint Supplies 17.90 Repair/hint Supplies 178.00 Repair/~iflt SupplLa~ ~tZ-~ceooio~ry ~eritin8 Supplies 961.02 ~ermtiu8 ~pplt~ 298.60 bpair~tnt Suppliem Pr~ttns 6 ~i~i~ Wor~'o ~nsltt~ 2.793.~ Other~ch~sFeeo 8~.~ Off,ce Supplies 69.99 Repair/hint 40.00 Office Supplies 97.73 Offioe~ppXto 62.82 Office Supplies X4A.65 Office Supplies 30.50 Office SuppXtfl 3.88 Office ~pplt~ 91.83 Offic~ 6uppXio ~.65 O~fi~ ~ppXt~ 89.~0 ~ & ~u~ 145.25 01448 01109 01898 01830 01855,01905 01931 01941 01916 01857 01892 01932 01880 01850 01766 01772 017~0 01769 00121,00122 0i88~ Of.Z*68,01613 01868 01793 01758,01683 01813,01936 01865 01697,01867 01758 01815 01714 01612 01831 01856,01735 01791,01393 01929 01896 FOR RATIFICATION City of Jio~oi-I~A Travelerte io~rm~e htionsl B~tk of 6,608.82 Zr~nafer of FuMo Cea,tel Treasury 7,839.08 April Ke~i lnsuteace Various 16,298.65 ~ril bttr~t Wri~ ~r~ts 1~,~.00 ~5116/79 ~tr~ ~8u~ 3~,~.~ ~rcift~te of ~p~tt ~116179 Transfer of YuMa 6,608.82 Health lnsur,~ce 7,839.08 Betireme~t 160298.65 CenrruXTre~snr~ XO0,O00.O0 C*mtr~ Trmeoury 250,O00.00 VENDOR CoIl~ge Place Bindery Craig Taylor Equipment Czaig Taylor Equipment Bad§er Uniforms Howard Anderson llarley's Trucking REQUISITIONS TO BE APPROVED (OVER $500.00) DESCRIPTION DEPARTNENT Rebind Books Library Discs & Scraper Assec. Parks Loader & Roller Parks Uniforms Police Street Sweeping Streets Asphalt Streets 5/16/79 ACCOUNT AHOUNT Printing & Binding 948.00 Nach & Equip 742.00 Hach & Equip 2,288.00 Operating Supplies 2,350.00 Repair & Haint 3,500.00 Repair/Naint Sup. 1,250.00 CITY OF KENAI ORDINANCE NO. 495-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1978-79 AIRPORT TERMINAL ENTERPRISE FUND BUDGET BY $3,000. WHEREAS, the Airport Terminal Enterprise Fund is in need of additional appropriations in repair and maintenance related items to properly maintain the building for the remainder of the 1978-79 fiscal year, and to move th~ Bear's Lair, and WHEREAS, additional revenues are anticipated in rents and leases in amounts sufficient to fund these additional appropriations, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the 1978-79 Airport Terminal Enterprise Fund Budget be made: Increase Estimated Revenues Rents and Leases 83~000 $ 459 2,541 ,ooo Increase Appropriations Repair and Maintenance Supplies Repair and Maintenance PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of June, 1979. ATTEST VINCENT O'REILLY, MAYOR' Sue C. Peter, City Clerk Approved by Finance:...g~_~ First Reading: May 16, 1979 Second Reading: June 6, 1979 Effective Date: June 6, 1979 ORDINANCE NO. 496-79 AN ORDINANCE OF THE COUNCIL'OF THE CITY ~F KENAI, ALASKA RESCINDING ORDINANCES NO. 373-77 AND 374-77 ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "STREET IMPROVEMENTS," AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $441,800 FOR EDA PROJECT NO. 07-51-26998. WHEREAS, the City of Kenai has determined that the following construction projects are warranted and in the best interest of the City: (1) Five Street Improvements--Lilac, Walker, Lupine, Fourth and Kaknu, and (2) Airport Way Realignment, and WHEREAS, the local public works programof EDA has authorized grant funds in the amount of $190,000, and WHEREAS, the State of Alaska has authorized Local Service Roads and Trails funds in the amount of $142,076, and WHEREAS, Ordinances No. 373-77 and 374-77 previously ap- propriated $109,724 of 1974 Refunded Bonds (Streets), and no additional City funds will be required to add Airport Way Realignment to this project, and WHEREAS,.this ordinance is a codification of Ordinance~ No. 373-77 and 374-77, with an authorization of an additional phase of the project, namely Airport Way Realignment, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by ordinance. NOW, T~EREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1. Ordinances No. 373-77 and 374-77 are hereby rescinded. Section 2. The following increases in estimated revenues and appropriations are hereby made: Street Improvements Increase Esti~'ma~6d Revenues: Fund Balance, 1974 Refunded Bond Issue (Streets) Federal Grants-EDA State Grants-LSR & T $109,724 190,000 142,076 -$441,800 Ordinance No. 496-79, Page 2 . · Increase Appropriations: · Administration $ 4,000 Engineering-Basic ' 30,815 Engineering-Other 5,222 Inspection 51,111 Construction Contingency 330,02'120,625 $441,800 Section 3. For administrative control, the following subprojects are hereby established: (a) Five Street Improvements (Lilac, Walker, Lupine, Fourth and Kaknu): Estimated Revenues: 1974 Refunded Bonds Federal Grant-EDA State Grant-LSR & T $109,724 79,200 142,076 ~mm~m~,O00 Appropriations: Administration Engineering-Basic Engineering-Other Inspection Construction Contingency $ 3,000 23,815 5,222 32,611 261,132 5,220 $331,000 (b) Airport Way Realignment: Estimated Revenues: Federal Grant-EDA $110,800 Appropriations: Administration Engineering Inspection Construction Contingency $ 1,000 7,000 18,500 68,895 15,,405 $110,800 Ordinance No. 496-79, Page 3 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of June, 1979. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk Approved by Finance: First Reading: May 16, 1979 Second Reading: June 6, 1979 Effective Date: June 6, 1979 CITY OF KENAI ORDINANCE NO. 479-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REPEALING SECTION 18, ARTICLE 3 of the 1963 KENAI CODE AS AMENDED RELATING TO STREET EXCAVATIONS AND ENACTING IN ITS PLACE A NEW ORDINANCE DEALING WITH THIS SUBJECT. WHEREAS, the City of Kenai has comprehensive ordinances regulating the excavations in streets and public rights-of- way, and WHEREAS, these ordinances have been codified in Section 18, Article 3 of the Kenai Code and have been further amended by Ordinance #195-71 and 343-77, and WHEREAS, this code provision as ~mended is in need of re- vision for among other reasons, to update the insurance re- quirements imposed on excavators, to provide more controls owing to increase4 activity, and to otherwise update the existing code provisions. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: Section 1: Section 18, Article 3 of the 1963 Nenai Code-and all.amending ordinances of this code section, including %195-71 and 343-77 are hereby repealed in their entirety and in their place the following Title 18, Chapter 15 entitled, "Street Excavations" is hereby adopted, which is attached hereto and made a part hereof by reference. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. VINCENT O'REILLY, MAYOR ATTEST~ Sue C. Peter, City Clerk First R~ading= March 7, 1979 Second Reading: March 21, 1979 Third Reading: April 4, 1979 TABLED Fourth Reading: May 2, 1979 Fifth Reading: May 16, 1979 Effective Date: June 16, 1979 O O O 'O ~8.15.010 EXCAVATIONS IN CiTY STREETS BY CONTRACTORS~ No'person or legal e~t&ty conduc~&ng any excavating act~v~t£es shall perform any work in or under public lands or public rights-of-way or in ~ny pu~lic'utility easements within the City without first having been granted,'[1] a yearly license therefor as set forth in Chapter 20, and (2) a permit for the Individual excavation or street opening contemplated as set forth in Chapter 25. Said yearly license and stree~ opening permit shall be obtained from the City Public Works Department. 'Excavating" means the removal, carrying away, backfilling, tunnelling, bulldozing, digging out, leveling, clearing or movin~ of earth or. soil_by manual or mechanical ~a~ans, 18.20.010 YEARLY LICENSE REOUIRED= Before performing any excavation w~rk as defined above, a contractor so wishing to excavate shall secure from the City Public Works Department a yearly license which shall expire on December 31st in the year in which it is issued. The purpose for requiring this license is to insure the public safety by requiring contractors who wish to excavate in public streets or rights-of-way =o f~lflll the following requirem~nt~. 18.20.020 Bond Required= Before the issuance of a yearly license, ~'e COntractor shal~ obtain maintenance ~nd construction bond in the amount of $5~000. Said bond shall b~ conditioned to indemnify the City for any loss, liability or'damage that may result or accrue from or because of the ~ak~ng, existence or manner of guarding or construction of a~ly such tunnel or excavation. Such bond shall have'as surety a corporation licensed to do bus,ness in the sta~e as surety company. In lieu of a corporate bond, a deposit of $5,000 tn a cert~fied check or cashier's check, as security ~pos~t, shall be deposited with the City of Kenai. 18.20.030 Insurance Requirement= Before the £ssuanc~ of a yearly l£cense, the contractor shall provide to the ¢~ty certificates of insurance (with the stipulat£on that ~he City, as certificate holder, will be given 30 days wr~tte~ notice o~intent t~.cancel} evidencing= 1. Not less than $100,000 of bodily i~Jury liab£1ity coverage per fn~£vidual and $300,000 per accident, nor less than $~00,000 of property damage, l£ability coverage. The app~icable certificate of insurance shall clearly indicate that the property damage liabil]ty coverage includes hazards from underground work, explosion, collapse and damage to ~lerground wires~ conduits, ~ipes, fittings, mains, sewers and a similar document of indemnity required pursuant to tho provisions of Section 18.20.040 ha~ bern incorporated £nto and made part o£ the.appli~abl~ insurance policy. ~. Workmen's comp~nsation insurance in accordance with tho laws of Alaska. . 1~.20.040 ~ndomnitv Aereement Required: Before the ~ssuance of a yearly license, the contractor shall execute a document of indcm~ity saving the City ha:mless against any ~OSS or damages due to the negligence of the con,ratter or h~s a~ents and employees while the excavation or pipelaying Nork ~s being performed. ~8.~0.050 Fee for Yearly License: ~n order to defray &gm[n~strative costs in processing yearly licenses by the ¢~ty administration, before the issuance of a yearly license ,the contractor shall pay a yearl~ license fee of $25. ~$.20.D60 Waiver of Bond and Ins~rance~ The Public Works D~rector may Waive the bonding ~nd insurance require- I~ent$ herein for contractors performing City projects when equally sufficient bond and insurance protection for the C~ty is provided by the terms of the contract entered into hy the City for such project. The bondin~, insurance and indemnity requirements shall be"wai~d for'~ocal utility' ~0~panies where equivalent bondin~ and insurance 'h~e ~therWise been 'p~oVided 'c6ve~'in~ the City. 18.20.070 Revocation of Yearly License: The Public Works Director m~y serve ~he Contractor a "Notice to Show Ca,se# as to why the contractor's yearly license (issued p~rsuant to this chapter should not be revoked for any of the violations as stated in Section 18.25.090. A hearing shaI1 be set-by'the Public Works Department to determine whether such license should be r~voked. Should the Public Works Department decide that the yearIy ~icense should be ~evohed, he shall serve a written notice of such decision to the contractor whereupon the contractor shal~ have l0 days ~ which to appeal the matter in w~iting to the City Council· · he Counci~ shal~ hear the matte~ at the next regular meeting Where ~t shal~ decide whether or not to confirm the Public WOr~S Department's decision. No revocation shall be effective tult~ it has been confirmed by Council or until the l0 day appeal time to Council has e~apsed, whereupon the contractor ~hall cease to perform any excavating hexeunder with the City. . 18.20.080 Suspension of All Yearly Ltcense~, Because ~£'~limatlc conditions, th~ ~ubi£c Work~ D[rec~°[ may suspend all yearly l~censes fo= all contractor~ having been issued ~censes when climatic conditions dictate the interest of publtc safety or to prevent damage to public streets, sidewalks Q= Utility lines~ s9qh'excavations, should be curtailed. · T After securing a yearly license a~ provided xn Cl~dpter 20, the contractor shall obtain a permit from the City Public Works Department for each individual street opening project Or excavation sought to be performed ~y the contractor. 18.25.020 ~ppI[cat[on= Applications for such a permit shall he made to =he Public Works Department on forms provided by the department setting forth in a verified format the following: 1. Name and address of the party doing the work. 2. Name and address of the party for whom the work is being ~one. 3. Location of the work area. 4. ~hether a detour of traffic wili be necessary. 5. Such other information and. assurances as the Public ~orks Director shall find reasonably necessary for the .~ssuance of a permit. 18.25.030 I,spectfon Fee= An fns~ection fee for each ~rmtt in the amS~n~ of $10 shall accompany an application for permit hereunder to cover the cost of all inspections ~rformed by City personnel as provided herein, except that ~n the case of.excavations for water and sewer tie-ins, the ~aspection fee provided for by this section shall be waived eo as Dot to duplicate the inspection'fee for water and seFpr tie-ins required under 17.05.040 (4) of this code· 18.2S.040 Time Lim~tat~ons: ~11 permits shall be issued un,er the~condition that the projected work be acted Mpon within 20 days. Extensions may be granted by the Public works Director for good cause. Said ttme Hmltattons shall ~otappl~ to local utllttXcompant~s. 18.25.050 City Water Charges~ T~e contractor shall sta~e On hfs application whether he will require City water £er the project. The contractor shall agree to pay the fee for the use of such water as determined by the City ordinance ~ertaining to water rate charges for fire hydrants· In a~ditio~, the contractor shall secure each day that water is ttse~ prior permission from the Fire Department. and Public ~Zorks Department before us£ng any hydrant and shall notify the Fire Department when water ha~ been turned off. The contractor shall agree to accept liability and to pay for ~ ~amage done. to fire h~drants im~roperly used· ~ntrv And ~nspect~on--I~o~ied Consent~ The £~ling of an app~ica~on for a permit provided for h~rein or t~e making of an excavation or fill described herein shall constitute consent by thR contractor and property owner for the Director of ~ublic .:{orks to enter upon the property at reasonable times and to inspect and investigate the soil eon~itions, the progress of the excavation or fill, or any facts and circumstances related ~o ~he application, permit, excavation or fill. ~8-3 ~8.2.5.070 City Public ~orks D~r~ment ~rew Cai ~- Out Char~e~ ~en nec~$Si~e~ p-~-~s~nt to the prov~sions of {his chapter, the contractor shall agree to pay to the City the cost of services performed by the City Public ~orks Department work crew on behalf of the contractor whether such wor~ is requested by the contractor, Public ~{orks Director, or in his absence, the City Manager. The charge for such services shall be at such rates calculated to ~ei~burse the City for its actual labor and material costs plus 10% for administrative costs. In addition, the contractor agrees to reimburse the City at predetermined rates for the ~se of City equipment used by the'City crew on the job. However, the City crew shall not be called out on any project unless an emergency situation arises which, in the opinion of the Public Works Director, or in his absence, the City Manager determines to be a threat to the public health an~ safety. 2n addition, the City crew shall be called out ~nder such circumstances only after the City'through the Public works Director, or in his absence, the City ~anager has ma~e every reasonable effort to reach the contractor responsible for the project. The contractor may set forth the telephone numbers or other means of co~unication on his i~ivf~ual permit i~ the event such an'emergency situation 18.25.080 ~otification of Utilities= No permit shall ~vali~ unless ~nd 1. The contractor has given 24 hours notice t0 all utflities (incluaing gas, telephone and electric companies) of hia.~nt~tion of excavate fn the area proposed, 2. All exfstf,g utility lf~es or pipes have been stake~ or otherwise clearly marked for the contractor eomplfshfng the excavation contemplated, or that said utility companies have approves the in~ividual excavation by signfag off on the petit. 18.2S.0g0 Connection with Cf%y Utflitfes= No pe~t aha11 be issues tor'~he PUrpose 6f bOoking i~o City utilities (water aha sewer) ex=cpi u~n prior receipt, of all =onneotion fees Teguired by the City. Property owners ~esiring to =onneet to water an~ sewer lkterals or trunks shall applf~tion for .such =onnection and pay all requires fees at the~fn office o~ the City. All connections to water sewe= mains shall be ~e by .City-lic~nse~ contractors and f~s~ete~ by the P~lic %~orks Director or his Tepresentative. It will be the responsibility of the Contractor to fuTpish or su~ly all materiaIs necessary to make the 18-4 co~nection and to perform ail necessary excavating, pipe- laying from the structure to the main, backfilling and eom~acting and to rogtoro.the roadway to its original condition. In addition, the Contractor shall provide the City with a diagram indicating the swing tie locations for such utilities. ~8.25.100 Stanaard Concerninq Excavation Activity: Upon securing a permit, all contractors shall abide by the following standards: 1. (Repair broken lines) The contractor shall take ltnmediate steps to repair any broken water and sewer lines and shall immediately notify the City of any damage. 2. (Project coordination) The contractor shall coordinate his work schedule with the City to insure that adequate and timely notice is given to the fire,-police and utility departments, and to insure that scheduling with other construc- tion work is closely coordinated. It shall further be the ~esponsibility of the contractor to see that proper traffic signs, detours and safeguards are provided, and that the property owners affected are notified and provided with ~aterim utility service as required. 3. (Manner of excavating) The contractor shall allow no excavation or tunnel to be made in any way contrary to or at Yariance with the terms of the permit therefor. Proper bracing shall be maintained to prevent the collapse of ad~oining ground; and in excavations the excavation shall not have anywhere below the surface any portion whick extends beyond the opening at the surface. No injury shall be done -So-any pipes, cables or conduits in the making of such excavations or tunnels; and notice shall be given to the persons maintaining any such pipes, cables or conduits or to the city department or officer charged with the care thereof, which are or maybe endangered or affected by the making of a~y such excavation o: tunnel before such pipes, cables or ~onduits shall be disturbed. 4. (Sidewalks) If any sidewalk is blocked by any such work a temporary sidewalk shall be constructed or provided whloh shall be safe for travel and convenient for users. $. (Traffic routing) ~ere traffic is affected, the contractor shall provide that proper ~igning and safeguards be l~ accordance with the Alaska traffic manual and shall notify the Police, Fire and Public Works Department to obtain clearance for the type of detour, time and other ll~itations imposed. Flashing lights on barricades will be required during hours 6f darkness. The contractor shall take appropriate measures to assure that during the per- formance of the'excavation work, traffic conditions as near ~ormal as possible shall be maintained at all times so as to 18-S minimize inconvenience to the occupants of the adjoining property and to the qe.neral public. Warning sign~ shall be placed far enough in advance of the consLrUCt£on operation to alert traffic within a public'streat and cones or other approvbd devices ~halI be placed ko channel traffic, in accordance with the instructions of the Director of Public llorks. ?he contractor shall maintain safe crossings for two lanes of v~hicle traffic at all street intersectiono where possible and safe cross£ng~ for pedestrians at intervals of not more than 300 feet. If any excavation is made across any public street, alley or sidewalk, adequate crossings shall be maintained for vehicles and for pedestrians. ~. (Closing streets) ~hen traffic'conditions permit, · the Director of Public ~orks may, by written approval, 2ormtt the closing of streets and alleys to all traffic for a period of time prescribed by him, ti in his o~inton it is ~ecessary. moy Such written approval ~ha~-i require that the ~ontractor give notification to various public agencies and to the general public. ~. (Clearance for vital structures) The excavation work shall be performed and conducted so as not to Interfere with access to fire hydrants, fire stations, fire escapes, .water gates, underground vaults, valve housing structures an~ all other vital equipment unless approved on the permit · b~the Director of Public Works. ' 8. (Restoration of right-of-way] Contractors ~uire~ to restore the public right-of-way to the grade and --~ndi~on originally found, to r~place g~av~l, paving or sealcoating, ditches~ culverts, fonces, ~ign~ or other ~provem~nts, unless specific authortza[ion to th~ contrary 18 authorized in ~ritlng by th~ City. Failure to do so will b~ cause for the City to accomplish ~he required work, and to collect damages therefor from the contractor or his ia} ~npaved roans= Z. the case of unpaved ~tzactors shall place nothing but non-frost susce~ 'tible material tn the area to excavate and at 6 six inches of good Type I gravel on the driving surface e~cept where ~he existing road ttself ts not built according t0 %hese's~ndards tn~;htch case the excavation shall be refilled as nearly ~i p0ssible.asf0und and 'in any event with compaction at 951 or better. ~aae tlg~llvation and adjacent areas leaving the site tn~f4~ condition then prior to the excavation. :lty of [enat code provisions pertaining to stree: and drainage construction (Att. 2, Sec. 18-12) and any and ~11 f~ture ordinances of code revisions on this s~ject shall be complied?l:h. Contracto:~ shall place nothing but non-f:ost~ susceptible material in the area excavated· 18-6 (b) Paved roads= Xn' the case of paved roods, ho shall shall place at least 6 iachos of Typo I m~terial and 2 'inches of leveling coarse before placin9 hot asphalt paving. The contractor shall m~intain a compaction density of 95% or greater and to guarant0e for I year the area excavated against settling. Contractors shall also be required to guarantee the area excavated will not settle for a period of one year and vzill properly ~ectify at no cost to the City any area ~hat has settled within that time. (o) Ri~hts-o~-~aY other than roads: In the case of rights-of-way ~hich are not paved or unpaved roads, the compaction shall be 85% or 9. (clean up) ~s the excavak~on ~ork progresses, all streets shall be thorOu~hl~ cleaned o[ all rubbish, excess earth, rose and o~her debris re~ultin~ from such ~ork. Ail clean up operations at the location o£ such excavation shall ~ accomplished at ~he expense of th~ contractor and shall Be completed to the saris[action of the Director of Public ~orks. Immediately after completion of said ~ork, tho contrackor shall, at h£s or its o~n expense., clean up and remove all refu~e and unused materials o£ any Eind re~ultin~ from said worE, and upon failure to do so ~ithin 24 hours havin~ been notified to do so by khe Director of Public ~orks, said ~ork may be done by ~he ~irector of Public ~orks, and ~he cost thereof charged to the contractor, and the contractor shall also be liable for the cost thereo[ under the surety bond provided hereunder. The contractor shall maintain all 9utters free and unobstructed for the full gepkh o~ the adjacent curb'and for at least one foot in width from ~he lace of such curb at the gutter line. ~heneve~ a ~utter crosses an intersecting street, an adequate waterway shall be provided and at all tim~ maintained. The contractor shall mare provisions to take care o~ all surplus water, ~uck, silt, slickings or other run-off pumped from excavations or ~esulting from sluicin~ or other operations and shall be ~esponsible for any damage resulting ~rom its tailure to so provide. 10. (Promp~ completiom of work) After an excavation is ~ommence~, ~he contractor shall prosecute with diligence and expedition all excavation ~or~'. covered by the excavation l~ernd~ and shall promptly complete such ~ork and restore the street to its ~iginal condition, or' as near as may be, so as ~ot to obstruct the public place or travel thereon more ~han is reasonabl? necessary. t work) ~en traffic conditions, the safety ll. ~Ur~en ........ v-lin~ oublic, or the public intcrest x8~7 O © O require that the excavation work be performed a5 emergency ~ork~.the Public Works' Director shall'have full power to order~ at the tine the perlnit.is granted, that a crew of men and adequate facilitie~ be e~ployed by the contractor 24 hours a day to tho end that such excavation work may be completed as soon as possible. 12. (~mergeney action) Nothing in this ordinance shall be eons:rued to prevent the making of such excavations as ay be necessary :or the preservation of lite or property or or the location of trouble in conduit or ptpe~ or :or · aklng repatrs~ provided that the person ma~inq such excavation ma~ke a~eaflt~ab_le effort_to n0_t_Lf~.~.fc._eg__!}~a~h___of th~ ...~r~l!c~.~tigi~O~}u~.!kP$.rsgn e~c~y~.!n~n__a..~m!rgency basis shal~ ~apply for such a permit on the first ~orking day a~ter · Guch ~ork is commenced. 15.15.110 Inspection: All ~ater and se~er tie-ins and ©onstruotion o£ all ~ater and sewer connections and extensions shal! be Inspected by the Public ~orks Dtr~¢tor or his designated representative prior ~o' backfilling. It shall be the responsibility o~ the contractor to insure that such ~specLions ara done. ~he contractor shall notify the City at leas: 24 hours prior to the time requested for inspection. l~slt concerns urgent work or eraergeney action as described ia 18.25.100 (11)(12) the City shall be responsible for inspecting said wor~ and the above-described :equl:ement shall not apply. 18.25.120 Su~pension of Individual Street Excavation · he Otreetor of Pu--~lic l';O~kS, Or in his absence, the'city Nanager may by ~ritten notice suspend tho individual pro~ect exoava~ion pe:~it issued pursuant to this chapter ~henever: (a) ~he york does not proceed in accordance ~lth the piano, as approved, or is not In compliance ~ith the zequite~ents of this chapter~ o: other ordinances and tho ~tate Safety Code; (b) ~ntry upon the property for the purposes o£ Investigation and inspection has ~een denied; (c} ?he contractor has made a m/sreprooen~ation of a -. ~at~erial lac~ in applying £or the permit; id] ~he progress of the york indicates that the plan Is or,Ill be inadequate to protect the publ£c, the ad~oining property, street, utilities in the street or the excavation or fill endangcr~ or ~ill endanger the public, the ad~oining propcrty~ street or utilities in tho stxeet~ . · (e) ?he permit has not been acted upon within 20 days or thd time allowed by extensions; (f) Failure to pay City crew call out costs as billed by the City or water rate charges when applicable. Upon suspension of the permit, all work thereupon shall cease immediately, except as authorized or directed by the Public Works Director. Permits shall bo reissued when violations are corrected in a manner satisfactory to the City. 18.25.130 ~ e~E~_9~s The contractor may appeal the decision of the~-u-blic Works Director suspending an in- dividual project permit by serving written notice of such appeal to the City Clerk not later than l0 days after re- ceiving notice of suspension. The City Council will con- sider the appeal at its next regular meeting and the decision o£ the Council shall be final. 8.30.010 PE[IA1,TY~ In addifion to the penalty of revocation descrbe~ove in this chapter, any person or legal entity who shall violate any provision of this chapter by doing any act prohibited or declared to be unlawful thereby or who shall fail to do any act when such provision declares such failure to be ual. awful, shall be guilty of an ordinance infraction; and upon conviction thereof, shall bo punished bY a fine not to exceed $100. Each day upoD which any such violation continues shall constitute a separate infraction. In addition to, or as an alternative to the penalty aforementioned, any person or legal entity violating any provision of this chapter, shall be subject to a civil penalty of not more than $100. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary ~estraining order lady be obtained in order to obtain im- ~iato compliance with the provisions of this.chapter. 8.30.020 Revocation of Exigting Permits: All existing 1 ..... ~z="~ssued oursuant to prior K~nai Code provisions as amended are hereby :evoked as of the ti~e of the effective date of the ordinance adopting this chapter. Such prior existing permit holders shall re-apply for the ~icense and permit required under this chapter except that the fee hereund~ shall be adjusted to give credit for fees paid under the prior permit. 18-9 CITY OF KEN~I O~DINANCE NO 481-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, FINDING THAT THE INSTALLATION OF LUMINARIES AS A PART OF STATE OF ALASKA RECONSTRUCTION OF WILLOW STREET IS NECESSARY AND WILL BENEFIT THE PROPERTY AFFECTED AND DIRECTING ~HAT THE CITY. PROCEED WITH CONSTRUCTION OF THE I~P~O~E~N~. WHEREAS, Willow Street from the Kenat Spur to the Airport Terminal a well-traveled road in need of improvement and such improvement should include continuous illumination, D.q~REA.~, illumin%tion of Willow Street as a Dart of the reconstruction wou~~vi~.e ben, it to all concerned property owners and the public. NOW, ~T~E~, BE IT' O~AIN~D BY ~ CO~CIL OF ~ CITY OF KENAI, ~S~ as follows~ Section 1~ Upon direction of the Council, the City Manager has made a survey and report concerning the need for and estimated cost of installing appropriate continuous illumination of Willow S~eet from the Kenat Spur to the Airport Terminal as a part of the State of Alaska reconstruction of Willow Street, and has prepared a preliminary assessment roll. Such assessment roll has been on file with the City Clerk at least thirty (30) days prior to the public hearing on the necessity for imprcvem~nt. Sect.ion 2~ Public hearing was held on , 1979. Notices ofs~-~b-~ic hearing .were sent and published as required by the Code of the City of Kenai. Section 3~ Protests filed with the City Clerk concerning the proposed i~provement amount to less than the num~ex required to stop the proposed improvement. Section 4= The Council hereby finds that the improvment is neoessary a~d will benefit the propertie~ in the Proposed district. ORDINANCE NO 481-79, Page Two Seotion 5: The Council hereby directs that the City proceed with the proposed improvement. Cost estimated at $140,000 shall be apportioned as follows: Funded by LSR & T 40,000 Funded by street bond fund balanoe (1974 refunded bond issue) $ 40,000 Remaining approximatel~ $60,000 funded by proportioned assessment against benefited properties. Formula for apportionment shall be relative to front footage. PASSED BY TKE COUNCIL OF THE CITY OF KENAI,' ALASKA, this day of 1979. ATTEST: Sue C Peter, City Clerk VINCENT O'REILLY, ~YOR FIRST R~.ADING: March 21, 1979 ~ECOND READING: May 2, ]979 - TABLED THIED READING: Mav 1~, 19'/9 EF~~ DA~: PRELDIII~A! .SS~,SSNENT ROLL ~¢A~, ,,0~, ,RECORD Scarteen Corp, Kenai City Deve1opment ~oFthern Supply Texaco, Inc. Kenai Theatre Enterprises Jack Thompson Jamee E. Alaska Industrial Jhrdvare Robert L, Bo~aeu Walter and G1orh Church C~cy of City of ~ena~ .' John F, Sceinbec~ CerroCoccete~n ~ropertLe~o LLOyd a~HazelDye~ B & C Supply Company Valcer C. Church Jack a~vls ~c~ Jack and ~mv~8 races ~ber~ L. Borgen Beluga Development Beluga D~velopnenC Ce~. Beluga Development Osca: ~o~e a~C, ~, C~y of Yukon O~flce Supply Ke~ Aviation ~lcon a~ Geneva Susek ~on ~d Geneva S~sek PROPP. RTY DESCRIPTION Alyeska, Pert 1, Loc 1 Alyeska, Part I, LoC 4 Alyesk~, Part 1, ~oC 5 Alyeska, Parc 1, Loc 6 A.lyeska, Part 2, LoC 8 Alye~ka, Part 2, Loc 9 Alyeska, Part 2, LOC 10 Fldnl$o, Blk. 2, LOC 9 F~dal~o, B~ko 2, Lo~ 8 l~ldal~o, B1k. 2, LoC 7 l~ida~go, Blk. 2, LOc 6 F~da18o, Elk. 1, LoC 9 ~tdalgo, BIk. 1, Lot 8 · Ftdal~o, Blk. 1, .Loc 7 Ecolin, 1sC Addn. Blk. 1, Lot 3 Ecolin. 15c Addn. Blk. 1, Loc & Ecoltn, 2n~ Addn. Elk. 1, ~ 5 Eco~ln, 2nd ~dn. Blk. 1, ~c 6 Etolin, 2nd ~dn. Blk. 1, ~t 7 E~o~n, 2~ Addn. Blk. 1, LoC 8 C. I. Z. A. P., Blk. 1, ~c 1 C. Z. I. A. P., Blk. 1, ~ 2 C. ~. ~. A. P., Blk. 1, Loc 3 C. ~. ~. A. P., Blk. 1, Loc 5 C. I. I. A. P.,'Blk. ~, ~C 6 C. Z, I. A. P., Blk. 2, Lo~ ~ C. Z. I. A. P., Elk. 2, ~c 2 C. I. Z. A. P., B~k. 2, ~C 3 PARCEL 0&3-200-1200 0&3-200-1900 0&3-200-2000 0&3-200-1300 0&3-200-0700 0&3-200-0~00 · 0~3-200-0300 0&3-310-2~00 0&3-310-2300 0&3-310-2200 0~3-310-2100 063-310-0900 0~3-310-0800 O~3-310-0700 0~3-320-0300 0~3-320-0&00 0~3-330-0600 0&3-330-0300 0~3-330-0200 0&3-330-0100 0&3-230-0100 0&3-230-0200 063-230-0300 0~3-230-0~00 0~3~230-0500 0~3-230-0600 0&3-220-0100 063-220-0200 0~3-220-0300 0~3-220-0&00 0~3-2&0-1~00 0&3-240-I600 0~3-240-1700 FRONT FOOTAGE 1~9.92 290.00 260.03 1~0.80 200.00 200.00 150.02 160.53 110.08 110.08 122.16 123.33 110.~6 110.80 17~.00 200.00 115.12 150.00 150.00 260.6~ 150.00 I&9.~5 150.00 150.00 150.00 150.00 155.00 150.00 150.00 150.00 109.70 100.00 100.00 ESTII~ATED * ~s~s~$~ 1,13~.8~ 2,197.19 1,970.t3 1,515.31 1,$15.31 1,13~.63 1,216.26 83~.03 83&.03 925.55 836.90 839.68 1,32~.89 1,515.31 872.21. ~,I36.&8 1,136.68 1,97t.82 1,136.~8 1,132.32 1,136.48 1,136.&8 1,136.~8 1,136.~8 1,17&.36 1,136-&8 1,136o~8 1,136.&8 831.15 7~7.65 7~7 · 6S ~A~, OF RSCORD Andy*$ Flytn$ Servtce Dta-Lo8 Company Thomas and GatL Smith Ct:y of b~t PROPERTY DESCRLPTtON G. Ao A., ~lk, 5, Lot & G, A. A., Blk. 5, LoC 5 G. A, A., B~k. 5, loc 6 G. A. A., ~k. 5, LoC 7 G. A, A., BZk. 5, LoC 8 G, A. A., 13~Lk. 5, LoC 9 PARCEL O&3-2&O-1800 0&3-2~0-1900 O&3-2&O-2000 0&3-2~0-2100 0&$-2~0-2200 0~3-2&0-2300 100.00 lO0.O0 ~00.00 100,00 100.00 100.00 I~&6,13 7259,26 RSTDIATED 757,65 7~7.65 7~7.65 757.65 XltTX4.3Q ~-55,000,00 CITY OF KEN.&I ORDINANCE NO. 484-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI INCREASING ESTIMATED RBVRNUES AND APPROPRIATIONS IN TtIE 1975-79 GENERAL FUND BUDGET IN TI-rE A~OUNT OF $85,000 TO COMPLETE GROUND CONTROL, AERIAL PHOTOGRAPHY, AND MAPPING WITHIN THE CITY OF KENAI. WHEREAS, the State of Alaska, Department of Community and Regional Affairs, Division of Coastal Energy Impact has offered the City of Kenai $85,000 to complete ground control, aerial photography, and mapping within the City, and WHB'I~AS, it is desirable that these services be performed for the benefit of the City, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE ~,OUNCIL OF TIlE CITY OF I~NAI that estimated revenues and appropriations in the 1978-79 General Fund Budt~et be increased as follows: Increase Estimated Revenues: State Grants (CEIP) $85,000 Increase Appropriations: Non-departmental - Professional Services $85,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI this day of ,1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk FIRST READING: April 4, 1979 SECOND READING: Alert 18, 1979 - TABLED THIRD .READING: May 2, 1979 - REMAIN TABLED FOURTH READING: .May 16, 1979 EFFECTIVE.~ DATE: CITY OF KENAI ORDINA}~CE NO. 489-79. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING ORDINANCE 290-76 KENAI MUNICIPAL AIRPORT REGULATIONS PROVIDING FOR A GRASS/SKI STRIP. WHEREAS, the City of Kenai Municipal Airport will, in the near future, designate an area as a Grass/Ski Strip, and WHEREAS, Airport Regulations need to be amended to reflect such. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Section 3.000 Aeronautical Activities of Ordinance 290-76 is amended to add the'following= 3.070 The Grass/Ski Strip on the Kenai Airport shall be open only during the hours of operation of the Air Traffic Co~2rol Tower. 3.071 Seasonal opening and closing of the Grass/Ski Strip shall be by NOTAM. 3.0?2 Operations on,;he G=ass S~rip shall be limi2ed aircraft equipped with outsize, tundra type tires. 3.073 Operation on the Ski Strip shall be limited to aircraft equipped with skis. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. ATTEST~ VINCENT '0' REILLY, MAYOR Sue C. Peter, City Clerk. First Reading= May 2, 1979 Second Reading= May 16, 1979 Effective Da~e= June 16, 1979 CITY OF KENAI ORDINANCE NO. 490-79 AN ORDINANCE OF THE CITY OF KENAI, ALASKA REPEALING ARTICLE 3 OF TIIE 1963 KENAI CODE AS AMENDED (ZONING ORDINANCE) AS THIS FUNCTION HAS BEEN RELEGATED TO THE KENAI PENINSULA BOROUGH. WHEREAS, the Kenai Peninsula Borough has assumed zoning control, and WHEREAS, before the Borough assumed such control, the City of Kenai had its own zoning ordinance (Article 3 of the 1963 Code), and WHEREAS, although the City's zoning ordinance is no longer effective (as this function was taken over by the Borough) as a housekeeping measure, nevertheless, Article 3 of the 1963 Kenai Code and amendments should be repealed in its entirety. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: 1. Article 3 of the 1963 Kenai Code (Zoning Ordinance) and all amendments to such article are hereby repealed in their entirety. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of May, 1979. ATTEST: VINCENT 0'REILLY, MAYOR Sue C. Peter, City Clerk First Reading~ May 2, 1979 Second Reading: May 16, 19.79 Effective Date: June 16, 1979 CITY OF KENAI ORDINANCE NO. 492-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING SPECIAL REVENUE FUND BY $24,000. WHEREAS, the City of Kenai is in need of a building with a grease rack and hoist available to the City Shop in order to properly service City equipment, and WHEREAS, bids have been received and opened, and the lowest bid on the project is $74,000, and WHEREAS, Ordinance No. 452-78 appropriated $50,000 for this project, and WHEREAS, in order to accept the low bid, another $24,000 must be apEropriated, and WHEREAS, based upon information from the U. S. Department: of the Treasury, adequate funds will be available in the form of Federal Revenue Sharing for these improvements, and .h~,EREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations be made: Federal Revenue Sharing Fund Increase Estimated Revenues: Federal Revenue Sharing Increase Appropriations: Transfer to General Fund $24,000 $24,000 General Fund Increase Estimated Revenues: Transfer from Federal Revenue Sharing Fund Increase Appropriations: City Shop-Buildings $24,000 . $24,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of May, 1979. ATTEST Sue C. Peter, City Clerk Approved by Finance= C~ VINCENT O' REILLY, MAYOR First Reading: May 2, 1979 Second Reading: May 16, 1979 Effective Date: May 16, 1979 AGENDA KENAI. CITY COUNCIL - SPECIAL MEETING MAY 18, 1979 ~ ?: 00 EENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE EOLL CALL Ce NEW BUSINESB I. Conflmation of members to Kenai Advisory Harbor Commission i. Discussion relative to recommendation submitted to Council fi, om the Mayor's Committee on Ai~,port Lands. ADJOURNM~T .~¢E ~0 ~A N DU ~ TO: Honorable Mayor & Members of Council PROM: Sue Peter, City Clerk -SUBJBCT: KENAI.ADVISORY ItAI~BOR COMMISSION DATE: Fl, tday, May 18, 1979 The following individuals have indicated a willingness to serve as members of the newly established Kenai Advisory Hatbox' Commission: Tom Aekerly Chester Cone John Williams Bob Tepp ~ .~Robert Peterkin Thank you. l~y 1, 1979 HF2'IORANDU~4CONCE~IING AIRPORT LAND.gALES To: City ~nager and City Council FRONt Charles A. Brovn, Finance Director The Council met on April 10, 1979 and again on April 24, 1979, and discussed the report submi~ied to Council from the Nay~rts Committee on Airport Lands. Primarily~ the items discussed were the recommendations made by the committee, as they appear in Part VI o~ that report. Preliminary conclusions draurnat these meetings are as follo~s: 1) The Council should ask for release of all FAA lands previously deeded to the City. Lands designated as aeronautical lands by the Airport }~ster Plan should he released for lease only. Lands designated as yon- aeronautical should be released for lease or sale. Existing lessees of non-aeronautical Lands should have the opportunity to purchase the land upon which they have a lease at fair market value, to be determined by appraisal. If they choose not to purchase, they may continue leasing and the land will not be o£fered for sale to a third party. The City may offer non-aeronautical Lands for sale. T~o sale situations are recognized: (a) A party approaches the City and desires a particular piece of property for development and requests either lease or sale. This party may either apply for a lease or apply to purchase the property at fait market value, to be determined by appraisal, and .(b) The Council desires that, to raise revenue or some other purpose, a particular piece of property should be sold. It could then be held for auction and sold at the highest bid. Ho~ever, Council ~ould have the option of re~ecting all bids if none approximated fai~ marke~ value. Proceeds of Airport Land sales would ba deposited in a separate bank account within the Airport Land System Fund apart from the City's ~entral Treasury Fund. Interest earned on this account would be credited to the account. }~nies tn the account, exclusive of interest earnings, could be used only for Capital Improvements ~hich are eligible for A.D.A.P. lundin§. Contributions to the Airport Ierminal l~nd for improvements which othervise qualify would be all.o~ed. Interest earnings held in the account could be used for maintenance and operation of the Airport Land Syst~, or as otherwise- authorized by the City Council, but vtthin thc Land System Fund. ~q~y 1, 1979 ~gItOIIANDUH CONCERNING AlP, PORT 12hND SALES 5) The City will not finance sales in any way. 9c~ 6) A potential lessee or buyer ~ay be granted an option to lease or buy for a period up to six (6) months, renewable one time for another period of up to six (6) months. The cost of the option shall be six C6) percent of apprataed or estimated value (as an annual cost) prorated according to the length of the option. If a potential buyer then purchases land upon which he is holding an option, all payments for the option shall be credited against'the sales price. 7) As a pilot project, the City shall proceed with the auction and sale of certain airport lands located at the Spur Highway and Beaver Loop Extended. It is the CouncilSs intent to use some of the proceeds to renovate the north end of the Terminal Building. May 1, 1979 " HF. HORANDUM CONCERNING AIRPORT LAND SALES TO: City }Mnager and City Cou.cil FROM; Charles A. Broom, Finance Director The Council met on April 10, 1979 and again on April 24, 1979, and discussed the report submitted to Council from the Nayor's Committee on Airport Lands. Primarily, the items discussed ware the recommendations made by the committee, as they appear in Part VI of that report. Preliminary conclusions drawn at these meetings are as follows: The Council should ask for release of all FAA lands previously deeded to the City. Lands designated as aeronautical lands by the Airport ~ster Plan should he released for lease only. Lands designated as non- aeronautical should be release~ for lease or sale. Existing lessees of non-aeronautical l~nds should have the opportunity ~o purchase the land upon which they have a lease at fair market value, to be determined by appraisal. If they choose not to purchase, they may continue leasing and the land will not be offered for sale to a third party. Z The City may offer non-aeronautical lands for sale. Two sale situations are recognized: ~ (a) A party approaches the City and desires a particular piece of property for developmeht and requests either lease or sale. This party may either apply for a lease or apply to purchase the property at fair ~arket value, to be determined by appraisal, and (b) The Council desires that, to raise revenue or some other purpose, a particular piece of property should be sold. It could then be held for auction and sold  ~t~ at the highest bid. However, Council would have the ~/~&j. optfon of rejecting all bids if none approximated ..~.XU.~X°~'4 f~' fair market value. · ) Proceeds of Airport Mmd sales would be deposited in a separate bank account within the Airport ~nd S~stem Fu~ apart from the City's Central Treasury Fund. Interest earned on this account would be c~edited to the account. }bnies tn the account, exclusive of interest earnings, could be used only for ~pital Improvements which are eligible for A.D.A.P. fuging. Contributions to the Airport Terminal Fund for improvements which othemise qualify would be allowed. Interest ~rnings held in the account could be used for ~intenance and operation of the Airport Land System, or as otherwise' authorized by the City Council, but within the ~nd System Fund.