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HomeMy WebLinkAbout1979-06-20 Council PacketCOUNCIL ~IEE~ING'OF I i Kenai City Council Meeting Packet June 20, 1979 The Agenda for June 20, 1979 is missing. See the July 5, 1979 meeting packet for the June 20, 1979 agenda. Ae De AGBNDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 6,1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROVAL HEARINGS 1. Ordinance 484-79, increasing estimated revenues/appropristions to complete ground eontroI, aerial photography and mapping within the City of Kenai. 2. Ordinance 492-79, increasing estimated revenues/appropriations for addition to Shop $. Ordinance 494-79, adopting the annual budget FY 1979-80 & setting the tax levy. 4. Ordinance 495-79, increasing estimated revenues/appropriations in the Airport Terminal Enterprise budget for maintenance & remodeling of the Terminal. 5. Ordinance 498-79, establishing a capital project fund entitled "Street Improvements" 6. Ordinance 4~7-79, increasing estimated revenues/appropriations to retain a finanoial adviser and bond counsel regarding industrial development bonding. PERSONS PRESBNT SCHEDULED TO BE HEARD I. Mx.. Leo Oberts 2. Mx.. Aaron Sarks $. Mx.. Jack Thompson 4. Nits. Betty Warren & Mrs. Pat Porter lVl]NUTES 1. Minutes of the regula~ meeting of May 16, 1979 2. Minutes of the special meeting of May 18, 1979 CORRESPONDENCE OM) BUSINESS 1. Resolution 79-57, awarding a contract fox' topographie mapping within the City of Kenai 2. Resolution 79-65, awardin~ contract for addition to Shop Buildinl~ 3. Ordinance 455-78, Tidelands ' Hm NEW BUSINESS 5. 6. ?. 1. Bills to be paid - bills to be ratified 2. Requisitions exceeding $500 3. Ordinance 499-79, State of Alaska participation in the purchase of snow removal equipment for the Kenai Airport. 4. Ordinance 500-79, amending Ordinance 290-76, Kenai Municipal Airport Regulations 5. Ordinance 501-79, providing for advisory referendum for future use of 1% sales tax 6. Ordinance 502-79, Charter amendment concerning sale of Section 36 & dedication of funds 7. Ordinance 503-79, amending the Personnel Regulations by sdding Classification & Pay Plan S. Ordinance 504-79, authorizing sale of Lot 2, Spur Subdivision #1 & establishing terms and conditions of sale 9. Resolution 79-76, transfer of monies in Water & Sewer Special Revenue Fund Budget 10. Resolution 79-??, transfer of monies in Finance Department for rental of data processing equipment I1. Resolution 79-78, extending the lease of the old library building to the Historical Society 12. Resolution 79-79, transfer of monies in Library budget for compensation to library assist. 13. Resolution 79~80, requesting rezoning of portion of Beaver Creek subdivision 14. Resolution 79-81, authorizing execution of documents for deferred compensation agreements 15. Resolution ?9-82, authorizing issuance of special use perrnits for short term parking of commercial aircraft in the Kenat Municipal Airport and establishing a parking fee 16. Resolution 79-83, accepting a grant from State for topographical studies 17. Resolution '~9-84, transfer of monies in Water & Sewer Special Revenue Fund budget 18. Resolution 79-85, transfer of monies within certain departments in Public Works 19. Resolution ?9-86, transfer of monies in Parks Department to replenish small tools 20. Resolution 79-87, transfer of monies for donation to Kenai Arts & Humanities Council 21. Resolution 79-88, Rejection of bids received for arctic doors in Terminal 2~.. Resolution ?9~89, transfer of monies to provide schematics for City Hall & additional surveying required 25. Payments to CH2M Hill for professional services rendered 24. Payment to Coopers & Lybrand for professional services rendered 25. Periodic estimate for partial payment - Norcon, Inc.- Airport Improvements Project 26. Periodic estimate for partial payment - Wildwood Construction - Water line project 2?. Sublease agreement between Swearingen/Morgan and Sealand Freight Service, inc. 28. Discussion of "Contx`act for Communication Services" 29. Discussion of "Special Use Permit" for designated use of ramp space at Airpo~ 30. Discussion - Lilac Street 31. Appx-oval of preapplieation fox' ADAP grant for warm storage 32. Approval of preapplication fox' ADAP grant for additional snow removal equipment $3. Change Order - construction of water line to proposed fire sub station site on Beaver Loop 1. City Manager 2. City Attorney 3. Mayor City Clerk Finance Director Planning & Zoning Commission Kenai Peninsula Borough Assembly Public Works Committee from Council Harbor Commission PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT KENAI CITY COUNCIL - REGULAR MEETING JUNE 6, 1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLI~DGE OF ALLEGIANCE A. ROLL CALL Present: Charles Bailie, Betty Glick, Ron Mslston, Vincent O'Reflly, Michael Seaman, Phillip Abet and Edward Amba~'ian. Absent: None AGENDA APPROVAL The following adjustments were made to the Agenda: Deletion of item G-33 Add items G-$4 and G-35 MOTION: Councilman Malston moved, seconded by Councilman Ambarian, in the event the reL-ular business of Counofl was not completed by I1 p.m., the Council would recess until ? p.m. Thursday, June ?th. Councilwoman Olick commented that relative to the additions presented to Council to be placed at the a~enda, the Council had previously resolved that additions would not be acceptable as they did not provide Council adequate time for review. Cmmefl- woman Glick stated that she would a~vee to the additions this evening, but requested that steps be taken to eliminate continuation of additions :~ the agenda on the meeting night. QUBSTION: Motion to recess at 11 p.m. passed unanimously by roll call vote. B. HEARINGS B-B Ordinance 484-?9 Mayor O'Reilly read Ordinance 484-?9 by title only. "An ordinance increasing estimated x'evenues and appropriations in the 1978-79 General Fund Buclzet in the amount of $85,000 to complete ~round consol, aerial photography and mapping within the City of Ke~!." Th_m._e was no public comment. City Menafler Wise requested that the figures be adjusted to $84,3?2 as the City had been lnfoFmed of the actual amount offered by Division of Coastal Energy Impact. 6/6f79 - Page Two MOTION: Councilwoman Ollck moved, seconded by Councilman Malston, for adoption of Ordinance 484-79, increasing estimated revenues/appropriations in the amount of $84,372. Motion passed unanimously by roll call vote. B-2: Ordinance 492-?9 Mayor O'Reilly read Ordinance 492-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Federal Revenue Sharing Special Revenue Fund by $24,000 ." MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to bring the matter of Ord. 492-79 from the table. Motion passed unanimously by roll call vote. There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Batlie, for adoption of Ordinance 492-79, increasing estimated revenues/appropriations by $ 24,000 for additional funds for the City Shop addition proleet. Motion passed unanimously by roll call vote. Ordinance 494-?9 Mayor O'Retlly read Ordinance 494-79 by rifle only; "An ordinance adoptin{~, the Annual Budget for fiscal yea~ commencing July I, 1979 and ending June 30, 1980 and setting the tax levy for said fiscal year." There was no public comment. MOTION: Councilman Ambartan moved, seconded by Councilwoman Olick, for adoption of Ordinance 494-79, setting the tax levy at 12.5 mills for fiscal year 1979-80. City Manage~ Wise requested that the budget document be amended to reflect that the $1,000 contribution to the Convention Bureau is not needed, however, the $1,000 should be added to the Chamber of Commerce contribution from the City. MOTION- AMENDMENT Councilwoman Glick moved, seconded by ~ounctlman Malston, to amend the 1979-80 budget to increase the City's donation to the Chamber of Commerce by $1,000 and delete the donation to the Convention Bureau. -~ Motion passed with Councilmembers Batlie and Abet voting no. $/6/?9 - Page Three QUESTION, MAIN AS AMENDED Passed unanimously by roll call vote with Councilman Ambarian abstaining on the Airport Operations portion of the budget. B-4: Ordinance 495-79 Mayor OtReilly read Ordinance 495-79 by title only. "An ordinance increasing estimated revenues and appropriations in the 197 ~-79 Airport Terminal Enterprise Budget by $3,000." There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for adoption of Ordinance 495-79, increasing estimated revenues/appropriations in the amount of $3,000 in the Airport Terminal Enterprise Budget. Motion passed unanimously by roll call vote. B-5: Ordinance 496-79 Mayor O'Reflly read Ordinance 496-79 by title only. "An ordinance rescinding Ordinances 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 FDA Project No. 07-51-26998." There was no public comment. MOTION: Councilwoman Gl~k moved, seconded by Councilman Seaman, for adoption of Ordinance 496-79, establishing a capital project "Street Improvements" and increasing estimated revenues and appropriations by $441,800. Motion passed unanimously by roll call vote. B-8: Ordinance 49?-?9 Mayor O'Reflly read Ordinance 497-79, increasing estimated revenues and appropriations in the 1978-79 General Fund Budget by $40,000 to retain a financial adviser and bond counsel regarding Industrial Development Bonding." There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman .~falston, for adoption of Ordinance 49?-?9, appropriating $40,000 to retain a financial adviser and bond counsel. ~) Motion passed unanimously by roil cai1 vote. $/6/?9 - Page Four C. PERSONS PRESENT SC}IEDULED TO BE HEARD ~.~C-l: Mr. Leo Oberts Mr. Oberts advised Council that his insurance firm had received'communications indicating a shift in fire insurance rates in that some of the insurance companies will now be measuring the distance from a responding station, l~r. Oberts encouraged Council to proceed with plans for a fire sub-station to alleviate the persons living in the out-lying areas of a higher fire rate. Mr. Oberts also advised that he was presenUy in the process of developing a 20 acre tract of land & would like to have a community water supply for the proposed subdivision. Mr. Oberts stated that artesian water has been located and Oberts proposed to deed a certain parcel of land to the City of Kenai for the purpose of drilling a well for that area of the City not served by the existing well. l~ir. Wise stated that the City would be acceptable to receiving the parcel of land, however, it would be very difficult to estimate a time in which a well might be drilled..Mr. Cherts also commented that he had attended a Chamber of Commerce luncheon in that the guest speaker reported on a new method for fish processing -- Mr. Oberts stated that the City should proceed without delay on development plans for cargo and shipping facilities to facilitate such companies as the fish processors so that Kenai could compete with the Anchorage area in shipping and receiving, r~ne further comment from Mr. Oberts was his request that the City maintain the street in the front of Oberts Building in the manner it was formerly maintained as this past winter the City crews removed snow some 20' out from the area normally cleared, l~r. Oberts requested that Public Works be advised to clear snow closer to the sidewalks area. · C-2: Mr. Dale Do]illin representing Aaron Serks Mr. Doltfka came before Council on a matter that Council had been apprised on at a prior meeting. Mr. Doliflm's client, Mr. Sarks, purchased a piece of property from the City which had been foreclosed upon and put for bid by the City. Mr. Sarks proceeded with getting title to the property in order to develop it and found that a bank had a $21,000 Judgment against the properS. Mr. Sarks is now requesting reimbursement of the funds paid to the City to date, reduction of same or request that the City establish their position relative to the matter. City Attorney Sohlereth gave a brief history of the matter to bring Council up-to-date and reminded Council that when Mr. Sarks' situation was brought to Council on a previous occasion the Council directed that the~' would not refund Mr. Sarks' down payment nor give him relief on taxes and assessments that are due. Mr. Schlereth stated that perhaps one alternative for .~fr. Sarks would be to file "quiet title" action through Court or perhaps Council could determine a sl~ecific amount of money that could be refunded to Mr. Sarks. Councilman l~{alston inquired as to th~ amount of lmxes that are now due and payable and any other outstanding monies owed against the property. Councilwoman Gltck suggested that .~d~tntstration investigate the exact amounts owing, etc.,and any other pertinent information and present such findings to Council at the next regular meeting. Council so concurred. C-$: _J Mr. Jack Thompson Not present 6/6/?9 - Pa~e Five C-4: Mrs. Betty Warren and Mrs. Pat Porter Mrs. Warren stated that she had been advised that there were monies available in the amount of $87,000 through the State for cons~uction of additions, renovation, etc.p to Senior Citizen facilities. Mrs. Warren stated that these funds were available but are to be 25% locally matched..~1rs. Warren proposed that the City add a wing to Fort Kenay for use as a ceramic studio as the senior citizens must be taken to Soldotna in order to attend classes twice a week. Hrs. Pat Porter, Senior Citizen Director, advised that the ~vant stipulates that the senior citizens be given use of that portion of the building for at least 10 years, however, the addition would not be for their exclusive use. Councilwoman Gliek inquired if the ceramics center would not be in conflict with the Fine Arts Center and was advised by Mrs. Po~ter that the senior citizens wished a place of their own whereby they could leave their supplies and products without removing them after each use. Councilwoman Glick suggested that as there was space available in the Fine Arts Center, perhaps a room could be set aside for use by the senior citizens. Councilman Ambartan inquired ff Administration had a source for the City's match of the grant and was advised by Mr. Wise that the City had no source of funding at this time. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that the grant application be p~'epared for submission to the State and the proposed project be added to the City of Kenai priority list and reviewed by the Public Works Committee from Council. Motion passed unanimously by roll call vote. MINUTES D-h Minutes of the regular meeting of May 15, 1979 Approved as distributed D-2: Minutes of the special meeting of May 18, 1979 Approved as distributed CORRESPONDENCE None OLD BUSINESS F-l: Resolution 79-57 MOTION: · Councilwoman Gliek moved, seconded by Councilman Ambarian, to bring Resolution ?9-57 back from the table. Motion passed unanimously by roll call vote. 616/79 - Page Six Mayor O*Reilly read Resolution 79-57 by title only. **A resolution of the Council awarding a contract for topographic mapping of selected portions of the City of Kenai.*' There was no public comment. MOTION: Councilwoman Click moved, seconded by Councilman Halston, for adoption of Resolution 79-57, awarding contract for topoffraphic mapping to USKIt in the amount of $55,000 with authorization for additional quarter sections for mapping as designated by the City Manager within funds available at $2,000 per quarter section. Motion passed unanimously by roll calI vote. F-2: Resolution 79-65 No action taken F-3: Ordinance 455-79 MOTION: Councilwoman Click moved, seconded by Councilman Malston, to bring Ordinance 455-?8 back from the table. Motion passed unanimously by roll call vote. Mayor O'Rellly read Ordinance 455-78 by title only. nAn ordinance accepting conveyance by the State of Alaska to the City of Kenai of fide and submerged lands lying seaward of the City: approving and adopting the official subdivision plat of the area conveyed; and establishing prcoedtwes by which preference rights may be exercised.. City Manager Wise stated that the leasing provisions have been revised and would z'eeommend that the erdinanee be referred to the Harbor Commission for their perusal MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for reintroduction of Ord. 455-78, Tidelands, and further that the ordinance be placed on the agenda of the next meeting of the Kenat Advisory Harbor Commission. Motion passed unanimously by roll cail vote. NEW BUSIL,'ESS G-l: Bills to be paid - bills to be ratified MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of bills to be paid and items for ratification as submitted this date. Motion passed unanimously by roll call vote. $/$/.?9 - Page Seven G-2: Requisitions exceeding $500 ,.~.~ MOTION: Councilwoman Gltek moved, seconded by Councilman Malston, icj' approval of items listed as requisitions exceeding $500. City Manager Wise advised that the Man & Earth Research billing in the amount of $750 for archaeological survey will have to have an appropriating ordinance at the next regular meeting of Council in order to provide proper funding. ~r. Wise advised that the grant was for $320,000 but the City only appropriated $315,000. QUESTION: Motion passed unanimously by roil call vote with Councilman Awbarian abstaining from voting on Performance World billing. G--S: Ordinance 499-79 Mayor O'Reflly read Ordinance 499-79 by title only. ' rAn ordinance amending Ord. 436-78 by decreasing estimated revenues and appropriations in the Federal Revenue Sharing Fund to reflect State of Alaska participation in the purchase of snow removal equipment for the Airport." MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek, for introduction of Ordinance 499-79, decreasing estimated revenues/appropriations in Federal Revenue Sh~ing by $8,938. Motion passed unanimously by roll call vote. G-4: Ordinance 500-79 Mayor O'Reflly read Ordinance 500-79 by title only. "An ordinance amending Ord. 290-76,' Kenal Municipal Airport Regulations., MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek, for introduction of Ordinance 500-79, amending the Kenai Municipal Airport Regulations. Councilman Ambarlan requested that a more definitive description be prepared relative to the tundra tires, QUESTION: Motion passed by roll call vote with Councilman Abet voting no. G-5: Ordinance 501-79 Mayor O'Retlly read Ordinance 501-79 by tlfle only. '*An ordinance providing for an advisory referendum for the future use of one (1) percent sales tax now dedicated to capital improvements.' 6/6/?9 - Page Eight MOTION: Councilman Seaman moved, seconded by Councilman Ambarian, for introduction of Ordinance 501-79, providing for an advisory referendum fro' future use of I% sales tax. Cotmcilman Bailie stated he would like to see the wording changed by deleting "advisory" from the ordinance as the citizens of Kenai were asked to pass ~ sales tax ~vith the promise that it would be in effect for just five years, however, the Council chose not to eliminate the sales tax -- the citizens should have a say and not a recommendation as to such an important issue. Councilman Ambarian stated that he felt the ordinance was totally unjustified at this time as the City has no guarantee how much money will be derived from the sale of City lands (Section 36) and he would, therefore, recommend defeat of this ordinance. Councilwoman Glick stated that she would agree with the intent of the ordinance but would agree with Councilman An~barian that the matter is premature at this time. Councilman Malston stated that he felt a matter of this nature should be dis- cussed in-depth in work sessions of the Council prior to preparation of an ordinance, QUESTION: Motion failed by roll call vote with Councilmembers Bailie and O'Reilly voting yes. Ordinance 502-79 Mayor O'Reilly read Ordinance 502-79 by title only. "An ordinance providing for the submission of Charter amendments concerning use of funds obtained from the sale of City lands at the regular election of October 2, 1979." .,lOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of Ordinance 502-79, providing for submission of Charter changes concerning use of funds obtained from the sale of City lands. Councilman Ambarian stated that he felt this ordinance was also premature. QLr~STION: Motion failed with Couneilmembers Ballie and O'Reilly voting yes. G-?: Ordinance 503-79 Mayor O'Reilly read Ordinance 503-79 by title only. "An ordinance amending the Personnel Regulations of the City of Kenai by adding thereto a classification and a pay plan. ,, MOTION: Councilman Ballie moved, seconded by Councilman Seaman, for introduction of Ordinance 503- 79, classification and pay plan. Motion passed unanimously by roll call vote. ~t~: Ordinance 504-?9 Mayor O'Retlly read Ordinance 504-79, authorizing sale of lot 2, Spur Subdivision I, i'l' 17'i I '" ..... I" I1 III I I I I I $/6179 - Page Nine 16.25 acres, and establishing terms and conditions of such sale." MOTION: 0-9: Councilman Ambarian moved, seconded by Councilwoman Oliek, for introduction of Ordinance 504-79, authorizing sale of Lot 2, Spur Subdivision I ,'16.25 acres. Motion passed unanimously by roll call vote. Resolution ?9-76 Mayor O'Reflly read Resolution 79-76, transferring monies within the Water & Sewer Special Revenue Fund Budl~et in the amount of $ 3,851 to provide monies for utility costs for the remainder of the fiscal year. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Oliek, for adoption of Resolution 79-70, transferring $3,831 in the 1978-79 Water and Sewer Special Revenue Fund budget. Motion passed unanimously by roll call vote. G-10: Resolution 79-77 Mayor O'Reilly read Resolution 79-77 transferring $1,470 within the Finance Department budget to pay the rental charges FY ?8-?9 on City's data processing equipment. There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Resolution 79-??, transferring $1,470 in Finance for rental charges on the data proeessfLnZ equipment. Motion passed unanimously by roll call vote. G-Ih Resolution ?9-?8 Mayor O'Reilly read Resolution 79-78 by title only. "A resolution extendir~ the lease of the Old Library Buildin~ to the Kenal Historical Society, lnc ." There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, for extension of lease of "Old Library Buildin[? to the Kenai Historical Society for a term of one year at tile annual lease rate of $I.00. / , 6/$/79 - Page Ten Motion passed unanimously by roll call vote. Resolution 79-79 Mayor O'Reilly read Resolution 79-79 transferrtn~ monies in the amount of $300 in Library to provide funds for the library assistant to receive the salary of range/step 14A while the librarian is on vacation. There was no public comment, MOTION: Councilman Ambarian moved, seconded by Councilwoman (]lick, for adoption of Resolution ?9-?9, transferring $300 within the Librat-y budget. Motion passed unanimously by roll call vote. G-13: Resolution 79-80 Mayor O'Retlly read Resolution 79-80, requesting rezoning of a portion of the Beaver Creek, Alaska Subdivision, from rural residential to general commercial. There was no public comment. MOTION: Councilwoman Gltek moved, seconded by Councilman Malston, for adoption of , Resolution ?9-80, rezoning of a portion of Beaver Creek Subdivision. Counoflwoman Gliok advised that the Planning Commission held a public hea~ing on the rezoning request and as the surrounding area is alrsady zoned commercial, the Commission felt the rezoning request was Justified and recommended the matter go before Council and the Borough. Motion passed unanimously by roll call vote. O-14: Resolution 79-81 Mayor O'ReiHy read Resolution 79-81 by title only. "A resolution authorizing the City Manager and the Finance Dh'ector to execute the Plan Document and future Plan Documents for deferred compensation agreements with the internationhl City Management Association Retirement Corporation." There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Baflie, for adoption of Resolution 79-81, deferred compensation plans with the International City Management Retirement Co~poration. "O Councilman Bailie stated that the document would need vei-y precise review as it was a very involved plan. 6/6L79 - PageElcven MOTION - TABLE Councilman Bailie moved, seconded by Councilwoman Glick, to table Resolution 79-81 until the next regular meeting of Council. l~lotion failed by roll call vote. Voting no; O'Reflly, Seaman, Abet and Ambarian Votinll yes; Bailie, Glick and Malston. ' QUESTION: Motion passed unanimously by roll call vote. City Attorney Sehlereth requested that Council include that the City Attorney set up a side agreement with the employee so that the employee is absolutely aware of all stipulations and requirements of the plan. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for immediate reconsideration of Resolution 79-81. Motion passed unanimously by roll call vote. MOTION - AMENDMENT Councilwoman Glick moved, seconded by Councilman Ambarlan, that px-lor to signing the agreement with ICMA, the City Attorney review the requirements of the plan in full and, if necessary, prepare an agreement between the City and interested persons releasing the City of liability in the event the employee is dissatisfied with the program. ~-.~ Motion passed unanimously by roll call vote. -MAIN, AS AMENDI~D Passed unanimously by roll call vote. G-15: Resolution ?9-82 Mayor O'Reflly read Resolution 79-82 by rifle only. "A resolution authorizing' the City Manager to issue special use permits for the short term parking of a commercial air- oraft at the Kenai l~..unteipal Airport and establishing a parking fee therefor .,' There was no public somment. MOTION: Councilman Seaman moved, seecnded by Councilman Ballie, for adoption of Resolution 79-82, authorizing special use permits for short-term parking of aircraft at the Ah'port. MOTION- AMENDMENT Councilman Ambarian moved, seconded by. Councilman Malston, to amend the motion in the paragraph relating to the purpose for which this permit was issued ...... " temporary structures to support the operation. '-". Motion passed unanimously by roll call vote. I I Page Twelve MAIN, AS AMENDED: Passed unanimously by roll call vote. hO-IS: Resolution ?9-83 Mayor O'Reilly read Resolution 79-83 by title only. "A resolution aeeeptin~ a g~'ant from the State of Alaska in the amount of $84,372 for topographical studies by the City ." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Oliek, for adoption of Resolution 79-83, accepting a grant in the amount of $84,3?2 for topographical studies. Motion passed unanimously by roll call vote. G-l?: Resolution ?9-84 Mayor O'Reflly read Resolution ?9-84, transferring funds in the amount of $200 in the Sewer Treatment Plant budget to provide money to purchase a supply of miscellaneous small tools. There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman Beilfe, for adoption of .-~ Resolution ?9-84, transferring $200 in the Sewer Treatment Plant budget for small tools. Motion passed unanimously by roll call vote. G-18: Resolution ?9-85 Mayor O'Reilly read Resolution ?9-85, transferring monies from Streets - $2?5; Animal Control - $230; and Shop - $2,040 to allow fo~: (1) add Trading Bay Road to the street sweeping project, (2) purchase a refrigerator for the Animal Control Shelter and (3) purchase a stationary air compressor for the shop. There was no publie comment NOTION: Councilwoman Gliek moved, seconded by Councilman Malston, for adoption of Resolution ?9-$$, transferring funds as itemized by l~ayor O'Reilly above o Motion passed unanimously by roll call vote. O-.19: Resolution ?9-86 _~, Mayor O'Reilly read Resolution ?9-86, transfer of $150 in Parks budget to replenish '~_~ small tools, $/6/?9 - Page Thirteen There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 79-86, transfer of $150 within the Parks Department. - Motion passed unanimously by roll call vote. G-9.0: Resolution Mayor O'Retlly read Resolution 79~87, transferring monies ($8,000) to make a donation to the Kenai Arts & Humanities Council for repairs and improvements to the Kenai Fine Arts Cent~. There was no public comment. MOTION: Councilwoman Gliok moved, seconded by Councilman Malston, for adoption of Resolution ?9-87, making donation in the amount of $8,000 to the Kenai Arts & Humanities Cour~il for repairs and improvements to the Fine Arts Cente~. Notion passed unanimously by roll call vote. O-2h Resolution 79-88 Noyor O'Reilly read Resolution ?9-88 by title only. 'A resolution rejecting all bids fo~ the winterization of and renovation to the Kenai Airport Terminal Building.' There was no public comment. MOTION: Councilwoman OHek moved, seconded by Councilman }~Ialston, for adoption of Resolution 79-88, rejecting ail bids for the winterization of and renovation of the Ah-port Terminal Building. Motion passed unanimously by roll call vote. Resolution ?9-89 Nayor O'Reflly read Resolution 79-89, transferring $3,500 in the 1978-79 General Fund Budget to p~'ovide funds for additional surveying of City lands and for the preparation of a schematic design of a new City Hall. There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman .~lalston, for adoption of Resolution ?9-89, granofem'ing $3,500 for additional surveying &. schematic design.. Councilman Ambarian requested that the Public WorksCommittee from Council I~eet Thursday evening at ? p.m. in the Public ,qafety Building and that all members of Council meet with Department Heads to discuss the schematics for a new City Hall. 6J6J?9 - Page Fourteen ~OBSTION: Motion passed unanimously by roll call vote. G-23: Payments to CH2M Hill MOTION: Councilwoman Gliek moved, seconded by Councilman Malston, for approval of payments to CH2M Hill as follows: Invoice 9775 - $4,533.99; Invoice 9795 - $1,100; Invoice 9779 - $9,696.03. Motion passed unanimously by roll call vote with Councilman Abet abstaining due to business conflict. G-24: Payments to C¢ opers& Lybrand MOTION: Councilwoman Gliek moved, seconded by Councilman Bailie, for approval of final payment in the amount of $205 to Coopers & Lybrand for audit of EDA Project 07201-01584. Motion passed unanimously by roi1 call vote. .~-25: Periodic estimate for partial payment MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of periodic estimate #1 in the amount of $539,497.47 to .Noreon, Inc. for 1979 Improvements Motion passed unanimously by roll call vote with Couneilman Abet abstaining. G-26: Periodic estimate Councilwoman Olick moved, seconded by Councilman Malston, for approval of periodic estimate #I in the amount of $25,250.56 to Wildwood Construction, Inc ./ Alaska Constructors, Ine./J.V. for Water Main Improvements project subject to final approval by Finance Director Charles Brown. Motion passed unanimously by roll call vote. G-27: Sublease agreement MOTION: Councilman Ambarian moved, seconded by Councilwoman altck, for approval of ".0 sublease agreement between Max Swearingen and Shirley Morgan, landlords and Sealand Freight Service, lne., tenant. 6/6/79 - Page Fi~een Motion passed unanimously by roll call vote. · ~G-28: Contract for Communication Services MOTION: ' Councilman Ambartan moved, seconded by Councilwoman Gltck, for approval of Contract for Communication Services between the City of Kenai and the City of Soldoina for a one year period in the amount of $38,500. Motion passed unanimously by roll call vote. RECESSED AT 11:00 P .M. THURSDAY, JUNB ?, 1979 Present: Charles Batlte, Betty Gltek, Ron .Malston, Vincent O'Reilly, Michael Seaman and Edward Ambarian Absent: Phillip Abet G-29 Special Use Permit Discussed under item G-15. Discussion - Lilac Street Councilman Ambarian advised that the members of the Public Works Committee had l. equested the City Manager to send a letter to the residents of Lilac asking their input as to their desires relative to Lilac Street. 27 letters were sent and only 7 x-esponding requested that the street be returned to its original condition. Councilman Amba~ian stated he would recommend that the City Manager write another letter to the residents advising of the response and as such the City does not feel it can make ~ny adjustment or changes at this time. Council concurred that the letter be sent but to emphasize that the line of communication shall always remain open between City Hall and the residents of Lilac Street. O-31: G-32 ADAP Grants Councilman Ambarian reported that the Public Works Committee recommended that the preapplica, tio. rs for ADAP funding be prepared and submitted to Council. NOTION: Councilman Flalston moved, seconded by Councilwoman Glick, for approval to submit to the Federal Aviation Administration a preapplication requesting $220,000 for a warm storage facility and $502,000 for additional snow removal equipment to support the '- Airport. Motion passed unanimously by roll call vote. G-33: Deleted 616/79 - Page Sixteen G-34: Final Pay Estimate - Brown Construction MOTION: Councilman Malston moved, seconded by Councilman Seaman, fox approval of final pay estimate from Brown Construction Company in the amount of $11,440 for winterization of the warm storage facility. Motion passed unanimously by roll call vote. G-35: Periodic Estimate No. 1 MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for approval of periodic estimate 01 in the amount of $42,651.76 to PR&S, Ine. for 1979 Water, Sewer & Street Improvements project. Motion passed unanimously by roll call vote. H. REPORTS H-h City Manager City Manager Wise advised that he had no additions to the written report submitted to Counetl with the agenda packet on Friday. Councilwoman Glick inquired as to the reason that the tllumtnaries ordinance had not been included on the agenda and Mr. Wise advised '~hat it had been inadvertently left off. H-2: City Attorney ia) City Attorney Schlereth advised that he had been in receipt of a letter from William D, MeCool, in whieh Mr. McCool, a local attorney, reported that there is an interested party in obtaining the lease from ACI for operation of the Airport bar and cafe. Mr. $chlareth suggested that a committee from Council meet with all parties concerned relative to the matter or invite the prospective lessee to meet with all the members of Council along with Gary Eitel of ACI. Council so concurred and ~ir. Schlereth advised that he would arrange such a meeting. Aaron Sarks matter - City Attorney Schlereth advised that $263.70 was due for 1978 taxes, assessments in the amount of $1,104.45 for improvements that existed prior to Mr. Sarks' purchase of the property of which he has paid $1,800 against the contract for the purchase. Councilwoman Gltck inquired if any of the assessment payments had been made and City Attorney Schlereth. advised that l~_r. Sarks had made no payments to the City after the purchase of the property. Councilman Bailte stated that in purchasing foreclosed property, a person was taking a chance in ever obtaining clear title to the property. Councilman Seaman suggested that as it appears Mr. Serks would like to terminate his agreement with the City, the Council might ;;onsider requesting that he pay back taxes and delinquent installments on assessments that were to be paid over the past Page Seventeen tWO years. . MOTION: Councilman Ambarian moved, seconded by Councilwoman Olick, that the City hereby authorize settling with Mr. Aaron Ssrks in consideration of paym*ent of 1978 taxes, pro-rated taxes for 1979, installment payments on assessments for 1978 and 1979 and · attorney fees in the amount of $750. City Attorney Sehlereth stated he would have a problem with the attorney fees as he felt they were excessive. Councilman Malston stated that the Council, on a previous occasion, had decided not to refund Mr. Sarks' money and would feel that the Council policy should remain as is. Mayor O'Reilly inquired if the City did nothing what would be the future course of action? City Attorney Sehlereth advised that if Mr. Sarks does not pay the taxes, the Borough will again foreelose and the City will get the property back. WITIIDRAWAL OF MOTION: With consent of second, Councilman Ambarian withdrew his motion. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, that the City assume ownership of the property and not refund any of Mr. Sarks $I, 800. Motion passed by roll call vote with Couneilmembers Bailie and Gliok voting no. Constellation - City Attox-ney Sehlereth advised that the Lockheed Constellation had been sold for a price of $150. Mr. Sehlereth reported that the aircraft had been sold to an individual who apparently will make the necessary repairs to remove the aircraft fi'om the area. Mr. Schlereth requested Council confirmation of the sale of the plane to Gerald E. MeNamara of Santa Aha, California. MOTION: Councilman Malston moved, seconded by Councilwoman Gliek, for confii~netion of the sale of the Lockheed Constellation to Gerald g. MeNamara for the total price of $150. Motion passed unanimously by roll call vote. QUESTIONS AND COMMENTS Councilman Malston stated that he would support an ordinance that could provide fox' handling of public nuisances administratively. City Attorney .qchle~eth stated he would research the mattee. Councilwoman Gliek requested that the City Administration look into the fact if Mr. Roy Jahrig*s building is in compliance with City set-back requirements. City Manager Wise advised that he would request the Bufldtn~ Inspector look into the matter. Relative to Mr. Jahrig clearing his property of unsightly materials, Councilman Bailie suggested that the City approach Mr. Jahrig in a eivfl manner and request his cooperation. Carol Gauden matter - Councilwoman Glick inquired ff Ms. Oeuden had been advised of the City Attorney's Opinion and was informed by City Attorney $chlareth that he had talked with Ms. Gsuden and clarified several items within the report, however, she indicated she would proceed with legal action against the City. 6/6/79 - Page Eighteen Day Care Center - Mayor O'Reilly reported that the Day Care Center now operating on Beaver Loop needs the Cityts support to proceed with a grant application that entitle persons of lower income to be subsidized by the State for child care. The Day Care Center has indicated that they would handle all paper work invoI~,ed. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that Administration be directed to pt~sue the grant. Councilman Ambarian stated he would vote agsinst the motion as he was.not' in favor of subsidizing such a pro,ram when the City mill rate still stands at 12.5 mills and Councilman Amba~ian further commented that the l~ant would be so involved that City time and effort would be involved to administrate the program properly. City Attorney 8chlereth advised that the City has been advised it can sub-contract out the program and thus the reason for the Day Care Center offering to take over the program. Mr. Schlereth advised that any licensed Day Care Center is entitled to receive funds from the State . Councilwoman Glick commented that the Day Care Center may not be able to keep up with the more-than-likely monumental amount of paperwork that will be involved and the City will be asked to contribute additional funds. Councilman Ambarian stated that if other Day Care Centers would be eligible for these funds, would Care Centers outside the City limits also be eligible? City ~lanager Wise advised that the City could limit tho subsidy program to residents of the City. Mayor O'Retlly requested that Vice Mayor Olick assume the Chair. Mayor O'Reilly stated that he would vote for the motion even though ho could see Council's way of thinking that the program could become a bm'den to the City, however, feel that such a program would enable persons of Iow income to place their children in the Day Care Centex' and seek meaninl~ful employment. Councilman Malston stated that in discussions with the City Attorney, he was advised that the Community & Regional Affah, s audit the program on a monthly basis and ff there were any problems alon~ the way, they could be taken care of comparatively fast. Councilman .~lalston further commented on the fact that the program would be limited to citizens from Kenai as Kenai wants to promote persons living in outlying areas to come into the City and utilize our QUESTION: Motion failed by roll call vote with Councflmembers Malston and O'Reilly voting yes. Mayor Mayor O'Reilly advised that he would be submitting a memorandum to Council of his trip outside and contaete that were made. \ City Cic~k City Clerk Sue Peter read into tho record the telephone poll conducted on 6/5/79 at which ~The Public Works Committee met Friday night with the Mr. and Mrs. Don Brown of Brown Constr~etion. The agreement reached was: ! 6/6/79 - Parc Nineteen 1. Pay estimate #$ would be marked in final - which Brown Construction did. 2. Subcontractors release provided - which was done. $. Brown Construction will waive $5,000 claim for equipment if City will settle outstanding claims with ILEA, KUSCO, City (Kenai Electric). ~ These claims amount to: Kusco - $678.86, IlEA - $1,448.11 and City (Electric) - $455.70. Administration requested approval from Council for: (1) payment of final Brown pay estimate in the amount of $10,994.321 (2) Kusco - $678.86 and (3) IIEA - $1,448.11. Councflmembers Ambarian, Malston, Abe~', Bailie and Seaman voted yes. Mayor O'Reilly was out of the City for the votiniT and Councilwoman Click voted no as she felt Brown Construction had not submitted a proper billing on their $5,000 elate and she felt the City should not be held liable for utility claims -- Brown Construetion's insurance should cover such claims. City Clerk Sue Peter advised that there was a misunderstanding on the total telephone poll request and some members of Council were under the impression they were voting for approval of payment of final pay estimate to Brown Construction on_~. City Clerk Peter requested that the matter bo voted on by the Council of the whole for elarification. * Councilman Seaman out at this time. MOTION- RECONSIDERATION Councilman Ambarian moved, seconded by Councilman Malston, for reconsideration of tho telephone poll conducted by tho City Clerk on June 5, 1979. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for final payment to Brown Construction in the amount of $10,994.32 and KUSCO claim in the amount of Councilwoman Oltek pointed out that she would vote a~Iainst the motion for the reasons as stated dt~'ing the telephone poll were not as recommended by the Public l'~orks Committee. Brown Construction has never presented the City with a proper invoice for a $5,000 bill for equipment rental and unless Council has such, they should not even con~ sider, waiving payment. The City should not be held liable for claims against the contractor by the Utilities. These should be taken care of by the Contractor's liability insurance coverage. Councilwoman Click stated that she felt the taxpayers should not be made to pay twice -- once for liability insurance and then to settle the claims. The City would then be "opening the door' for further liability and responsibility for claims. Councilwoman Click also addressed the matter of telephone polls and stated that the ordinance for telephone poll procedures was conceived to facilitate items of an emergency nature for the day-to-day operation of City business. Councilwoman'Glick stated that as the Council would be holding a regular meeting the day after the poll was conducted, the matter should have been submitted to the Council as a whole for discussion, etc. & that would have eliminated the , misunderstanding of the intent of the poll as was the ease. Councilwoman Click requested that all future polls adhere strictly to the guidelines of the ordinance before presentation to Council. qUESTION: Motion passed by roll call vote with Councilwoman Click voting no. 6/6/79 - Page Twenty MOTION: Councilman Ambarian moved, seconded by Councilman Ballie, for payment of lffiA claims in the amount of $1,448 .I1. Motion failed unanimously by roll aall vote. MOTION: Councilman BaiIie moved, seconded by Councilman Ambarian, that the City pay $200.14 of the HEA claims. Motion failed by roll cai1 vote with Counailmembers Bailie and O'Reilly voting yes. MOTION: Councilman Ambarian moved, seconded by Councilman Batlie, to offer IlEA $1,000 to settle their outstanding claims. Motion passed by roll call vote. Voting yes; Bailte, O'Reilly and Ambartan. Voting no; Oliok and Malston. H-5: Finance Director No Report Planning & Zoning Commission Councilwoman Glick reported on the meeting of May 23rd. In addition to matters discussed du~'ing the Council meeting, Councilwoman Oliek advised a lease application of L$ of Old Townsite was denied as the Commission recommended selling rather than leasing. The Commission approved a final subdivision plat and reviewed a request from Poppin Construction for rezoninl: in Killen Estates from rural residential to subut'ban as the a~ea is now served by water and sewer. H-?: Borough Assembly Councilman Amba~ian advised that the Assembly was still in the process of reviewing the budget and would continue to do so at the next meeting of the Assembly. H-S: Publi~ Weeks Committee Councilman Ambarian reminded Council of the works session scheduled for Thursday, June 14th at ? p.m.in the Public Safety Building. Harbor Commission It was repo~ted that the Harbor Commission will review the Tidelands ordinance at their next meeting on June 12th along with the request for lease of lands by Roper, Dragseth and Nelson. City Manager Wise stated he felt the requests from Mx'. D~'agseth and Mr. Nelson will be denied by tho Harbor Commission. 6/6/?9 - Page Twenty-one I. PERSONS PRESENT NOT SCHEDULED TO BE IIEARD None MAYOR & COUNCIL - QUESTIONS AND COMMENTS Councilman Malston stated that thc Lions Club have scheduled a clean-up of the cemetery on Sunday, June 10th. Councilman ,Malston requested use of City equipment to haul the debris away from the work site, Councilman ~.1alston also requested City assistance in clearing away stumps in the cemetery and then seeing the area is cleared. City Manager Wise advised that it would be a matter of available time within the Public Works Department. Councilman Malston requested that this item be placed on the work to be done list for Public Works and scheduled accordingly. Councilman Malston requested that the Parks and Recreation Director's office be located in the Fine Arts Building as the space is available and additional space could be utilized for storage of Parks & Recreation F. quipment. Councilman Ambarian suggested that the City contract out for installation of the street signs. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that Administration go to bid for installation of street signs. Motion passed unanimously by roll call vote. Councihvoman Click commented on the form submitted to Council relative to "Contractor's Yearly License to Excavate in Public Right-of-l,rayJ, Councilwoman Glick reminded Council that the ordinance wes to become effective June 26 contingent upon Council approval of the form. MOTION: Councilwoman Gli~k moved, seconded by Councilman .~.alston, for approval of #Contractor's Yearly License to Excavate in Public Right-of-Way" form. Motion passed unanimously by ~oll call vote. Airport Operations Manager - Councilwoman Glick inquired if the job description and position announcement had been prepared? City Hanager Wise advised that it had and had been adve~'tised, Councilwoman Gliak requested a copy for her records. EXECUTIVE SESSION MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the City Council ._~ hold an executive session to discuss the Job performance of the City Manager. Page Twenty-two Motion passed unanimously by roll call vote. RECONVENE Council reeonvened at II'-00 p .m. after discussions with the City I~.lanaple~' on his relationship with City personnel. Council concurred that the record show that Councilwoman Glick will be excused from the June 20th meeting of Council. ADJOURNMENT There being no further business, Council sdjourned at 11:02 p.m. Respectfully submitted, Sue/C. Peter, City clerk Ae Ce De AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 20, 1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEJ)GE OF ALLEGIANCE ROLl. CAI, I, AGENDA APPROVAL tlEAIIINGS 1. Ordinance 499-79, amending Ord. 436-78 by decreasing es'ti~atec~ revenues/appropriations to reflect State of Alaska participation in the purchase of snow removal equipment for Airport 2. Ordinance 500-79, amending Ord. 290-76, Kenai Municipid Airport Regulations 3. Ordinance 503- 79, amending Personnel Regulations by adding classification & pay plans 4. Ordinance 504-79, authorizing sale of lot 2, Spur Subdivision 1, 16.25 acres PERSONS PRES1.]Nq' SCtIEDUI,ED TO Big I'I~ARD 1. Jack Thompson, lessee MINUTES I. Minutes of the regular meeting of June $, 1979 2. Minutes of thc special meeting of June 16, 1979 CORRESPONDENCE I. Community & Regional Affairs - CEIP filndtng 2. James E. Carter, Sr. - extension of term of lease OLD BUSINESS l. Resolution 79-65 -- still pending 2. Discussion - Float Plane };asin 3. Discussion- By-pass sewer line NEW BUSINESS I. Bills to be paid - bills to be ratified by 4. 5. 6. 7. $. 9. I0. II. 12. Requisitions e::ee,.:ding rS00 Ordinance 505-79, establishing in.ocedures for receiving applications for financing the issuance of l!unicipal tndust,.i~d l)evelopment Bonds Ordinance 506-79, increasing estimated revenues/appropriations "Facilities Design" -$4,675 Ordinance 507-79, creating capital I)roject "l','illow Street Luminaries" Ordinance Ordinance Ordinance Ordinance Resolution Resolution Resolution 508-79, amending Ord. 122 r,. a'ulating oil arid gas well drilling within City 509-79, amending Code providing for new Animal Control Ordinance 510- 79, creating capital rn'oj~,ct "City Hall" 511-79. increasing estimated revenues/appropriations "Redotlbt Wa}, Paving" 79-90, awarding radio maintr.nnnce.contract to Southeentral.Comrntlnieattons 79-91, accepting grant from ,crate for design sttl'dy for a City Hall complex 79-92, transfer of funds in capital project "Street Irnprovernellts,, Page Two, AGENDA June 20, 1979 13. Resolution 79-93, establishing Local Roads and Trails Program for 1979, 80, and SI 14. Resolution 79-94, transfer of funds for additional survey and appraisal work 15. Resolution 79-95, transfer of funds to close out Airport Phase I & II (Loop) projects 16. Resolution 79-96, transfer of funds for insulation around the Jail facility 17. Resolution 79-97, awarding lanitorial contracts for Police, Library and Airport Terminal -4~. Application for permit for authorized games of chance and skill ~. Payment to Wince, Corthell, Bryson and Freas - consulting engineers ~ Payment to CH2M Hill 21. Payment to Ted Forst & Associates 22. Periodic Pay Estimate - PR&S 23 24 25 26 27 28 29 and Kenai Peninsula Community Cave Center · Final Pay Estimate - Rockford Corporation · Rental Agreement - City of Kenai, lessee and Philip I~vans d/b]a Kenai Public Storage . Kenai-Soldotna Communication Contract · Special Use Permit - Kenai Air Alaska · Lease of Airport Lands or Facilities - Kenai Ah' Alaska · Lease of Airport Lands or Facilities ~ Avis . Amendment to Lease ~ Alaska Aeronautical Industries, Inc.; Kenal Steel Buildingsi REPORTS 1. City Manage~ .. 2. City Attorney 3. Mayor 4. City CIe~k 5. Finance Director 6. Planning & Zoning Commission 7. Kenai Peninsula Borough Assembly 8. Public Works Committee from Council 9. Harbor Commission I. PERSONS PRESENT NOT SCHEDUI~D TO BE HEARD ADJOURNMENT I:I:~;IAt, A(.!:I I'!H:||I' Ai:,',.,L,i,I. I..,,,lc ,,:. ¢,[ fhu ... (lay oI ...... , ]977, I,(.I%.:,"¢',~ I'HII.1P 1,. EVA:;:; d/I,/;, M'.NAI PI:BI.lC :;'I'.I:ACli, h,'rciw, l't~.r c.d],,." l.'.h,d" :,'", aud ('lIV ~'. I~;~ L'I ', ,;F :;'.'1 't Il; ]. I', ,': ;~,~ ;.'l , t I ,' ':., : 'fh,. ],~ :.'..~:' .~ ' !1~ ]~')' j'.' ::~ ;.1:.; (~...::-.. :.:,~o lJ~. J.~..;r . , ' -. r;Led ],r,.- mid IL,' 1,, .... ~ d<.,-,. ~.~ .... ./ :. c,',,: FoI]oL.::,;. ,'. ??,,I :'gv,l:. Ft.r:l ;:: tic 1";..' h:;ild.:nd, I:F. ., :~. :H; I~'' c:., ,~. l' · 2, 'J!, lc.":: ,F ;~ ', 1(;...c ," .1~ I?, ~.... 011{' ',':';I ~;$~ , Il.. plO~ ..... ' , r,~ ;.~,'; ' '. awl er)b.'.,: I0 '.r,,' .;HII: d-..,' (? J:;,,~: ~'. and U,r;,, ;.,.d ~f/3~ ~ DOM ~.I'.~; (~: }~ "':"~ rea~o~l..Ll~ 'J'Ca~;;l o~ Lb:~ ('r.',!-, .. p~,'.~:u~. DOI.I.ARS ($._1~;~ [/~ ....... ) n],a].l hc pa~d tIpom thc, e:tecul~on oF l.hj.s lemse, recolpl: for t..'bi,-h f~: hereby actmow!~ stjtt:ve pa)'l~:.l' of the first ms~;'~th~ rcr, t 5. ],e~sor shall provide nlJ. uti]il>' services requ3red the demised prcmlse:; at ],esso:"'d o~,m cost and exp..-nse except the Lessee shall pay Lessor ~3.00 per ~onth for each major app]/o,-,ee or power tool used oi~ the promises. 6. Lessee, at its o~.m expense, shall maintain the demised least a~ 6ood condition as thaL in which they are delivered, allowin~ for ordinary wear and 7. Lessee shall no~, without the Lc~sor's pr~or Nrit~n consent fi~s: ob:ained tn each instance, make any alterations or additions In or ~bouc the demised premises; Ail pe~anent alterations or iaprovements made the praises ohall become the property of the Lessor and be surrendered as part of the de~ised premises upon the reminatton ..... 19.79 :;~;.:' rjr 0!,5' ) ),ur t: a:. I:~s l}lc' Lei'Ill O[ of t hi s 8. Lug, see durin~ Lhc~ lc~a~e term !;Jl;l~l Cllrl'~ at his OWH and pub]i¢ lcab~lJty ttlsurm~o coverJl~{~ tho demised pre.raises and I,e~;see shall store its property in and shall occupy the derail{ed premises st its o%.m risk and releases Lessor to the full ext¢,nt pemnttted 5Y law from all claims of cyery kind resultinB in loss of life, personal or bodily Injury or property damaEe, except to the extent Lessor hns 5e~m neEliEest. Lessor shall pot be responsible or liable at any time for any loss or damaEes to ~essee's property excclt to the extent at- tributable to Lessor's *~eEli5ence' 9. Each of the fo~lowlnE, but not limited thereto, shall be deemed a default by the Lessee and a breach of this lease: a. A default in the payment of thc.rent herein reserved, or any part thereof, for a period of ten (10) days. b. The vacation or abandonment of the premises by Lessee. e. Lessee allowin5 the premises to remain vacant or unoccupied for a period of thirty (30) days. 10. In the event of any default of the Lessee as above provided, the Lessor shall have the followtn§ rtbhts or remedies, in addition to any rights or remedies that may be §ives to the Lessor by statute, by la~$ or otherwise: a. Re-enter the premises and take possession thereof. b. Declare the lease terminated. ¢. Distrain for rent due. l~. ~f, and.as lo~E as, the Lessee pays the rent, an~ additional rents reserved by this A~reement, and performs end observes all of the covenants and conditions hereof, the Lessee shall quietly enjoy the demised premises. Lessee, at any time duriu§ the term of this A~reement shatl permit inspection of the demised premises durin§ reasonable hours by the L~ssor, o~ the Lessor's a§ents or rep~esentatives. 13. _~onditio~ o_.~ premises ~essee has ren~ed the demised premises a~ter an examination of the same., and except as herein expressly othe~ise provided, wit. hour: any reprt::;ont'ation on the part of tile ]oeaSor. 14. 'file demised prelni::es M~all be tt:;ed for storage purposes only and aha] 1 not be us~.d as s shop of nny kind or nature or for a business either £ull time ox' part time. 15. Lessee shall not at'ore any kind of explosive or inflam- mable material on the demised premises. 16. Should Lessee store frozen foods in the demised premises Lessor shall not be responsible for loss or damage to the frozen foods except for such loss or damage caused by-Lessor's negligence. 17. Lessor or Lessee may terminate this lease upon 15 days written not~ce. 18. Time is of the essence of each and every provision hereof. Dated this __ day of , 19.~ . LESSEE: LESSOR: KENAI-SOLDOT~A C0~4UNICA?IONS CONTRACT This agreement is entered into this .day of .., 1979, by and between the City of 8oldotna, hereinafter referred to as Soldotna& and the City of Kenai, hereinafter referred to as Kenai, which contract iS for the purpose of Kenai providing complete dispatching services £or the City of Soldotna, its police department, £1re department, and ambulance on a par with that rendered to Kenai's o~n departments, without discrimination, ~hich services Kenai shall provide £or the fee set forth belo~ and acoording to the £ollowfng terms and conditfons s lo Consideration. For ang in consideration oE the City o£ Kenai providin9 dispatching services as set forth below, the City of Soldotna shall pay to Kenai $38,500.00 for the one year period ~£ this contract payable in installments o£ $3,208.33 per month in advance, on or before the let day of each month, which payment shall begin on the let day o£ ~uly, 1979 and end with the last payment on ~une l, 1980. 2. Dispa.tchinq. Kenai shall provide full an~ complete dispatching service to the ~oldotna Fire Department, ~ol~otna Police Department and Soldotna A~bulanoe Service. Dispatching shall include the answering of the ~mergency telephone line £or each department~ dispatching o£ all ~equests for service~ provide constant accountabi- lity for on-duty of[icers~ provide routine information as xequested by each department or one of its of£1cers~ including, but not limited to, Department o£ llotor Vehicle iniormation, Page 2 - Communications Contract geographical lnformation~ warrants lists, and other informa- tion at the dispatcherts disposal~ provide adequate records of radio and telephone traffic (on forms to be supplied by the Soldotna departments), electronically recurd all com- munications, received or transmitted via phone or test pagers twice daily; maintain running log on all on-duty personnel by radio! for the Soldotna Fire Department main- tain dispatch slips as used per Kenai Fire Department showing, among other th~ngs, the times and units responding for the of(i¢ial records of the Soldotna. Fire Department. The expense for adopting Kenaits equipment for recording trans- mission received via telephone or radio shall be borne by Soldotna and shall be performed by contractors and chosen by Kenai using equipment selected by Kenai. 3. Phones and Dedicated Lines. Soldotna shall provide, at its sole expense, necessary and appropriate phone lines for the fire department, police department and ambulance service which may number in excess of 3. These l~nes shall be placed at the Kenai dispatch center and shall be manned 24 hours a day by the Kenai dispatch center. 4. D_i~spatch Information. Soldotna shall, through its various departments, provide appropriate and necessary infozmat~on to allow Kenai to accurately and quickly dispatch such ~epartments and relay in£ormation. Soldotna, through its departments, shall provide such information as up-to- date detaile~ city maps and other aids. At its own expense, Page 3 - Communications Contract Soldotna shall likewise supply all necessary or new equipment required by Kenai in order to implement this contract and to d~spatch $oldotna equipment, which equipment type and manufaoturer shall be approved by Kenai beforehand. Soldotna shall likewise provide itself with such pagers and walk~e- talkies as required, as well as office radios located in Soldotna and car radios at their sole expense. After the installation of all necessary equipment at Soldotna~s expense to implement this contract, any upgrad- Ing or changes in the Kenai dispatch center requiring new equipment or alternate equipment shall be at the sole expense of Kenai unless it is found necessary to implement this contract. 5. O~erational Standards. Operational policies will be those as set forth in the City of Kenai Communica- Lions PoLicy and Procedure Manual. Kenal shall review w~th the Pol~©e Chief and Fire Chief of ~oldotna the commun£ca- t/on policy and procedure manual and Soldo~nawi11 train its personnel to confor~ to the procedure set forth ~n said ~-ual by the time of the Inception date hereof. That after the~nceptiondate hereof, no change except as d~ctatedby emergency, shall be made by Kenai without consultation and written notice to Soldotna. 6. Hold harmless Agreement. Soldotna w~11 save and hold harmless Kenai, its department, agents and employees from liab~lity for damages or ~n~uries arising from the performance of this contraot which is a result of Soldotna'5 negligence or the negligence of ~ts departments, agents, Page 4 - Communications Contract employees or tnvttees. 7. Additional Services. Xenai shall maintain, tn goo~ working order, an emergency generator system to enable the dispatch center to operate for prolonged ~eriods of time during conuuercial power outages. go ~rocedures and Fre~uencies. So.ldotna shall operate such equipment as it wishes dispatched by Kenai upon the existing Kenai Police Department frequency as now existing or es later changed. The Soldotna Fire Department will operate on and be dispatched by a separate frequency. Kenai shall net be required to modify its system or procedures to accommodate Soldotna departments except as nece=saryto accommodate increased traffic, remoteness and special needs t~totatedby physical location or service to be provided. ~oldotna, ~n providing .any such new equipment as required hereunder, shall provide such equipment as specified by Kenai. Any additional equipment from time to t~mewhich Soldotna may wish to install affecting the dispatch center shall be a~ed sub~ect to the approve1 of Kenai. F~ma~ agrees to make available its d~spatchers to the ¢ity o£Soldotna for internal ~nvestigation of one of 8oldoteats departments, or for presecution or defense of any civil or criminal action, as well as all tapes, records, loget memoranda, upon request, subject to Soldotna reimbursing l~enai for all such wages, overtfluet benefits, and production costs. Soldotna shall be entitled only to copies of the items e~tt~erate~ above until or unless the originals are oz~leze~ produced by an appropriate order of court or under Page 5 - Communications Contract subpoena. 9. Maintenance. Kenai speci£ically covenants and agrees to maintain good, sufficient and adequate equipment and systems to implen~nt and carry on ~h~s a;reement and to keep them in good working order. iO. ~aintenance o£ Independent Equipment° Soldotna shall have the right to maintain such other equipment and dispatching services as it may deem fit and appropriate in its sole discretion from tJ~e to time as long as such separate systems do not place any unnecessa~ or additional burden upon Kenai dispatch or interfere with Kenai's equipment. 11. Tern~Lnation. This contract shall te~minate on June 30, 1980 unless sooner terminated by the following events$ (1) Failure by Goldotna to pay in advance the monthly pal~nent for services due hereunder upon giving written notice delivered to the City Clerk o~ Soldotna by certified mail that saidpayment be made w~thin ten (10~ days of the delivezy o£ saidnotice or the contract will be cancelled. (2) ~lther party giving ninety (90) days w~tten not, Los to the other of its intent te cancel the contract. P~ntal shall be due until service has ceased under this agree~ntby torm~nation or othe~i~o Equipment parchased by $oldo~na placed ~n the Kenai dispatch center be returned to Soldotna i~ the removal thereof from the Kenai dispatch center sill not damage or disrupt Kenai's existing co~unication system. Said removal will be performed at 'O · a~e $ - Co~uun~cations Contract ° ~oldotna's expense by quali£ied technic~ans chosen by Kena£o X2o ~enewalo Soldotna may renew th~s contract £or ad4Lt~ional yearly terms at a new rate aqreed upon by the part~es by $oldo~na g~ving Kenai 120 days ~Ltten notice oE ~ts ~n~nt~on to ~e~ whereu~n ~na~ shall ~nfo~ Soldot~ ~n 90 da~s o~ t~ end o[ ~e ~ o~ th~s contract o~ ~e ~t ~hich ~t ~n~nds to c~ge ~o~ continuin~ its ~i~s. U~n ~ecaiv~n~ such ~o~tion as to ~e rate foz ~ioes, ~ldo~a shall ~fom'~e C~ty wi~in 14 days af~ ~eoe~vLnq not~ of the ~a~ souqht to ~ obtained by ~naL w~ ~t elects to cont~ t~ ~nhra~ ~or ~e Attest~ Attests CITY OF ~ENA~ CXTY OF SOLDOTNA TBBOo T.. Attozaey for C~ty o£ Soldotna ]~RI~ST SCHL~RETH Attozaey £oz C~ty o£ l~ena~ SPECIAL USE I'EI~MIT (Not to be used for a period of time in excess of one year) DATE The CITY OF KENAI for ~he considera~ions end ~ursuan~ ~o ~he conditions and ~e~u~remen~s se~ ~o~h below hereb~ gran~s ~o: Company ~ame: KE~I AIR ALAS~ Au~horized gepresen~a~ive: 8~ ~OFTSTEDT , ~i]llng Add~ess: BOX 3921~ KENAI. ~A~ g9611 hezeina[~er sometimes reEe~red ~o es ~fle ?E~XIITTEE to OPE~TE A DIRECT TELEPHONE LINE ~D DISPLAY A POSTER IN THE KE~I NUNICIPAL AIRPORT TE~INAL BUILDING FOR KE~I AIR ~S~, INC 1. Tem: This special use permit shall commence on the 1~ ~ o~ 3ULY , 1979 , an~ shall extead And through the 30TH day Of '~U~E ~ , 19 8~ · 2. Pe~ait ~ees: The Pe~mitteeCs], p~tor to the exe~clse of ~n~ p~i~ge gT8nted pursuant to th~s permit, shM1 the use or pTtyilege speci~1ed herein a fee as indicated belot¢: (8) A total ~ee o~ $ 1~.~*PLUS T~ tn ~uI1 payment ~o~ the use of privilege spec/fled here~n. "' ~) A totil ~ee o~ $ . .payab/e instMlm~co~enctng on the ~tTs~ 'da~ 'o~ the teTm ~ in the ~mount of $ ~ . . 8n~ a~ttion~l subseq~nstallments [~ A ~ compu~~ [d] In addit~ ~he f~o~g ~ts~s and rents I. ~lht of ~n~U: ~n~U and occupancy is authorized as o~ 4. P~sce and Time of Pa~ents: All payments shall be made on or b~fore the date dU~ to the City Clerk, City Adainistration Bulldini, ~nai, Alaska, or by mailin~ ~o the ~ollo~int address: City of lenai, Box 180, lenai, Alaska 99611. S. Use: ~e use by the Per~tt~ee(s) of the premises described shove is l~ted to the pu~oses specified herein and is not intended to ~rant any exclusive use to the described premises unless o~harwise provided above. This use ts also subject to the reasonable adminis- trative actions o~ tho Cit~ of Kenai for the protection and main~enance of th~ premises and of adlacen~ and contiiuous lands or facilities. Pa~e 0ne~ SPBCI~ USE PE~ilT "' I0I':A~ I'; OF AIRPORT LANDI; OR FACILITIES TiIIS AGREEMENT, entered into this -- day of ..__, 1979, by and between the CITY OF KENAI, a home-ruled municipal corporation of Alaska, hereinafter called "City," and KENAI AIR ALASKA} BOX 39Z1: KENAI, ALASKA 99611 hereinafter Called "Lessee." That the City, in consideration of the payments of tho rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wl~: . .. C~NTER SPACE N~BER 1SA (100 SQUARE FE~), KENAI MUNICIPAL AIRPORT TE~I~ BUILDING, ~I RECORDI~ DISTRICT, KENAI, ~AS~ (a) ~he te~ of this Cease is for ONE year~, oo~ncing on the 1ST day of JULY ', 19'79 , to the day of JUNE , 1980 ~ at the a~ual renta~ .ll~,OO PLUS TAX (b) The te~ oi this Lease ~y be extended by ~ss~ for successive perils of years each, by giving ~ttten"noti~e ~o :he ~essor no:~ than six (6~ mot:hs 'prior to the expira:ion o~ :he then exis:ing te:~,. ~aoh extended te~ shall ~ on the same te~s and this ~ase ~or th~ ini:ial te~. :essee ~ill no~ be peal:red to ~ten& ~e ~a~ ~yon& the extended ~is ~ase during the ~nitial :etm or during any ex~ended :e~ .s~ll te~nate all rights of extension here~e:. PAY~NT: Subject to the ter~ of ~nera$ Covenant No. 10 of ~is ~ase, the rental specified herein s~all ~ payable as follows ~  ~ ~ ~cu~ firstU,hOr~e~ ren~ shall ~ ~~ ~~ ~ 3_, _ th~ rate of (b) ~nual rent for ~e fiscal year ~ginning J~y 1 ~d ending June 30 s~11 ~ payable in advance on or ~fore the first day of July of each year. If the ~nual ren~ ~e~s $2,400, then the ~ssee ~y opt a~ the t~ of the execution her~ or at the ~ginning of each new ~ase year to pay ren~ in ~al ~nthly ~stall~ntS, payable tn advance on or before the first ~ay of July ~d on or before the first o~ each ~nth there- a~r. (=) ~ntal for any period which (1} year shall be prorated based on the rate of the last full (d) The rent s~cified herein is oalculated as follo~ 100 square feet at $ _qq ~r a~are f~t ~t year, or $ 11~.00 PLUS T~ per year. In addition to the rents speeifiea a~ve, subject to ~neral Covenant ~o. 10, the Lessee agr~s to pay to the City ~s as hereinafter, provl4ed~ LEASE - Page l ~evlaed 3/30/79 INITIALS LESSEE: ~.~. LESSORs (a) A~'e~mc~.~l~--f ~o'~publ£c lmprovomonts no~ L, enof i L ing propo r t Y t_.~ho'"-a mot~l"'o [-~ ___ · (b) Taxes pertaining to the leasehold interest of the Lessee. (~) Sales tax now enforced or levied in the f~kure, comp~ted upon rent payable in monthly installmonts whether rent is paid on a ~nthly 0r yearly basis. (d) ~ssee agrees ~o pay all taxes and assess- ~nts levied in the future by the City of Kenai, as if ~ssee was =onsidered the legal owner of record of the Leased Property. (e) Interest at the rate of eight ~rcent (8%) ~r annum and ten percent (10%) penalties on any a~unt of money owe4 under this Lease which is not paid on ~r before the 4ate ~comes due. (f) ~ditional charges ~s set forth in Schedule A, attached. ~e purpose for which this ~ase is issued TIC~OUNTER AND I~O~TION BOOTH GENE~ CO.rANTS ~. US~ Except as provided herein, any regular use of lands or faeries without the '~itten consen2 of the City is prohibited. This prohibition shall no~ apply to use of areas designated by the City for specified public uses, such as passenger te~inals, auto~bile parking areas, ~d streets. 2. USES N~ C0NTE~D PROHIBITED: Solicitation of donations or the Promotion or operatio~'of any part or kind of business or co~rcial enterprise, other than as s~cifically set forth herein, u~n, in or a~ve airart lands, without the ~itten consent of the City is prohibited. 3. ~SIGN~T: (Not for collateral pu~ses) ~s~e with City's Writ~en~nsent, wh~h will not be ~eason- ably d~ied, may assign, in whole or in par=, its rights as ~ssee (~asehold Estate) here~der except assig~ents for ~11atera1 put,sen will ~ allowed pursuant to the provision of p~agraph 33 herein· ~y assignee (e~cept assi~ee's for collateral ~ses, w~oh will confozm to ~e provisions of Paragraph 33 ~nstead of this paragraph) of part or all of the leased premises s~11 ass~ the duties and obligations of the ~ssee as to the such p~t or all of the leas~ praises. No such assignment, hoover, will discharge ~ssee from its duties ~ obliga~ions here~er. 4. S~LE~G= ~ssee~y sublet part or all of its ~nterest in the lease~l~ praises wi~out prior City approval, ~pt that ~ssee agrees to send a copy 0f his executed sublease ~ the City wi~ln 10 days after its execution. In addition, all s~leases are subject to ~he te~ and conditions of the lease, and no s~letting shall affect the obligation of the ~ssee to perfo~ all-of the covenants r~ired to be by the ~ssee herein. 5. T~T 0F DEMISEs ~e ~ssee agrees to keep the pre~ses clean and in go~ order at its o~ expense, suffering no strip or waste thereof, nor re~ving any ~terial ~re~rom, ~out ~itten pe~ssion of ~e City. At ~e expiration e L~E - Page 2 ~ITI~S ~vis~ 3/30/79 ~S~B: ~' _ LES~R ~ LEASE OF AIRPORT LANDS OR FACILITIES THIS AGREEbIENT, entered into this day of · 1979, by and between the CITY OF KENA-~, a home-ruled mUnl~l~.~.l corporation of Alaska, hereinafter called #City,# and VIS RENT-A-CAR; 4900 AIRCRAFT DRIVE; ANCHORAGEs, ALASKA 99503 ~ereina'fter called "Lessee," That the City, ~n consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby d~mise and lease to the Lessee the following described property in the Kena£ ~eeording ~Lstrict· State of Alaska~ to wit: ... COUNTER SPACE NUMBER 28(60 SQUARE F'EE~),& CARGO SPACE (18 SQUARE FEET) FIRST, FLOOR· TERMINAL BUILpIHG. KENAI MUNICIPAL AXRPORT. AS OESCRIBED XN T~RT CERTAIN DEED FRO~ THE USA TO THE CIIY OF KENAI. FILED IN BOOK ~?. PAGE 303 KENA~ RECO~:DISTR~CT (a) The term of this Lease is for ONE year~, commencing on the ]ST day of ~ULY ', 19--~-~, to the o~_ day of ·~UNE , ]980 , at th,_ annual rental ,. 83S~97- - ~ (bi The term o~ this Lease ~ay be Lessee fo~-,~_~ccessive periods of _X~each, by giving written not~ee~th~Lessor not~A'~han six (~) ~onths 'prior ~ing ter~. Each extended t~nd ~as provided in this Lease for the ~-~'a'f~term. Lessee will n~rm£tted to extend the Lea_g&~ond the extended term. Any termina~TI~/ t~u ~ng a~y extended. s extension hereunder. PAYMENT: Subject to the terms of General. Covenant No. 10 of th~s Lease· the rental specified herein s~all be payable as £ollows: (a) Pdqht of entry and occupancy is au~h-rt~^-' be computed from such a 30, , at the rate of $, ~ oe~aeT~t~-~ days, ~ow a~e~-- -- (b) Annual rent ~or the f~scal year beginning ~uly 1 and ending June 30 shall be payable in advance on or before the ~irst day of July o~ each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent tn equal monthly installments, payable in advance on or before the first day o~ July and on or before the first of each month there- after. (c} Rental for any perto~ which is less than one (~) year shall be prorated based on the rate of the last full year. $~d) The rent specified herein £s calculated as follows: square feet at $,-99 . per square foot per year,' 6r ~ ~lg.u0 per year. ~n addition to the rents specified above, sub:jec: to ~enera! Covenant No. 10, the Lessee agrees to pay to the City fees as here~nafte~ provided: l~Sg - Page 1 INITIALS P//~ -'' l~evised 3/30/79 LESSE~:~.~{ ,t~' LESSOR ~ by ~c s, the Lessee. future, computed rent is paid on {b) Taxes pertaining to tho leasehold interest of (c) Sales tax now enforced or levied in the upon rent payable in monthly installments whether a monthly or yearly basis. (d) Lessee agrees ~o pay all taxes and assess- ments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the Leased Property. (e) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties on any amount of money owed under this Lease which is not paid on pr before the date it becomes due. (£) Additional charges ~s set forth in Schedule A, attached. The purpose for which this Lease is issued is: CAR RENTAL SPACE, COUNTER SPACE & TIRE STORAGE SPACE GENERAL COVENANTS 1. USES: Except as provided herein, any regular use of lands or facI~-~ies without 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 passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City iS prohibited. 3. ASSIGNMENT: (Not for collateral purposes) Lessee with City's ~rttten consent, which will not be unreason- ably denied, may assign, in whole or in part, its rights as Lessee (Leasehold Estate} hereunder except assignments for oollateral purposes will be allowed pursuant to the provision of paragraph 33 herein. Any assignee (except assignee's for collateral p%lrposes, which will conform to the provisions of Paragraph 33 /nstead of this paragraph) of part or all of the leased premises sha~l assume the duties and obligations of the Lessee as to the such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. SUBLETTING: Lessee 'may sublet part or all of its interest in the'leasehold premises without prior City approval, exoept that Lessee agrees to send a copy of his exeouted sublease to the City within 10 days after its execution. In addition, all subleases are subject to the terms and conditions of the main lease, and no subletting shall affect the obligation of the Lessee to perform all. of the covenants required to be performed by the Lessee herein. 5. TREATMENT OF DEMISE: The Lessee 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 permission of the City. At the expiration LEASE - Page 2 INITIALS ~//~. Revised 3/30/79 LESSEE:~. · LF.880R:.. _ , I Ji AMENDMENT TO LI~:ASE T-'mt .certain lease between tho City o~ Kensi and ALAS~ ~P(ERONAUTICAL INDUSTRIES../A,'_~, dated. 11.11A/?? and recorded et Book II7 , Page 657 t9 666 . , Is hereby amended to reflect that persuant to ~j~p~ .,,~EDULE A · of* such lease, the lease J.ate Ires been renegotfated for 'COUNTER SPACE 18 (209 SQUARE FEET), OFFICE SPACE 19 (795 SQUARE FEET), COUNTER SPACE 23 (lO! SQUARE FEET), OFFICE SPACE 24 (~,08 SQUARE FEET), CARGO SPACE 25 (1,!22 SQUARE FEET), FIRST FLOOR TERHINAL BUILDING, 14UNICIPAL AIRPORT, AS DESCRIBED IN THAT CERTAIN DEED FROIq THE USA TO THE CITY OF KE:~AI, FILED IN BOOK 270, PAGE 303, K~NA! RECORDING DISTRICT f, the parties and is now and shall be $ 20t676,24 pez* year or 723,'02 per month . f*or the perle! be~tnnL*tg ~ JULY I _ ,19/9 , and ending .. , JUNE 30 ,19.80 CITY OF KEI~AI STATE OF ALASKA )ss. THIRD JUDICIAL DISTRICT ) On this day of pm. sonsily appeared _, 19~, before me , known to be the pe~'son who executed the above LeaSe, ~nd aeknot~ledged tJutt he (she) had the authority to sign. for the purpose stated thm, ein. NOTARY PUBLIC FOR ALASKA My Commission Expfres.. LESSEE STATE OF ALASKA ) )es. ~ JUDICIAL DISTRICT · O~ this ~,"~ ?~or (~ , ~?--Z:.~. before pe~sormlly appeared ~_~..~./~.~. ~/~.~,~.~ 4/~nown to be the person who executed the above Leash end ac 'gnowledg, ed that he (she) had the muthorfly to sign the same, fo~ the purposes stated therein. · NOTARY PUBLIC FOR ALASKA My Commission Expires_ .~. A~ND~N~ TO I,~ASE The ]ease dated July 19, 1978 between the City of Kenai and Kenai Peninsula Community Care Center, an Alaskan non- profit corporation recorded in Book 128, Page 993 is hereby emended in the following respects= 1. The termination date of the lease is hereby extended for a period of twelve (12) months commencing July 1, 1979 and ending on June 30, 1980. 2. The lessee may cancel this lease by giving thirty (30) days written notice of cancellation to the lessor. In all other respects, the main body of the lease shall remain the same. DATED this day of June, 1979. CITY OF KENAI sy, City Manager S~ATE o~m~s~ ) )ss THXI~DJUDICIAL DISTRICT ) On this day of June, 1979, before me personally appeared John-~. Wise, known to be the person who executed the above Amendment to Lease, and aoknowledged that he had the authority to sign, for the purpose stated therein. Notary Public in and for AlaSka My Commission Expires~ KENAIP~.NINSULA COMMUNITY CA.RE STAT~ OF AL~KA )ss THXRDJUDICIAL DISTRICT On this .~_~..4ay gl,June, 1979, before me personally appeared ~~_~_9~, known to be the l~.rso? ~no executed Re above Amendment to Lease and acKnowleuged that he ~ had the authority to sign the same, for the purposes state~-therein. ~ AMENDMENT 5'0 L~ASE The lease dated November 17, 1978, between the City of Kenai and KENAI STEEL BUILDINGS, INC. is hereby amended in the following respect: The teNmination date of the lease is hereby extended for a period of twelve (12) months commeneiflg July 1, 1979 and ending on the 30th day of June, 1980. Xn all other respects, the main body of the lease shall remain the same. DATED this__day of June, 1979. CITY OF KENAI By s City Manager STATE OF ALASKA ) )ss THIBDJUDICIAL DISTRICT On this day of June, 1979, before me personally appeared John E-~wtse, known to be the person who executed the above Amendment to Lease, and acknowledged that he had the authority to sign, for the purpose stated therein. N~ta~y Publ~-~-[~-~ for Al~sk~ My Commission Expires: /;.-./. /,??' ., ~I~ ~ICI~ DIST~CT ) ~ th~s ~y of J~e, 1979, before ~ ~rsonally appear~ ~BE~S. OEH~R to me kno~ and kno~ to ~ to ~ the President of the cor~ration na~d in the foregoing instant, and he ackn~ledged to ~ that he had in his official capacity aforesaid executed the foregoing inmtr~ent as the free act and deed of the corporation for the uses and ~ses therein stated. - Notary Public in an~ f~r Alaska ~y Co~ssion Zxpires:~ CITY OF KENAI ORDINANCE NO. 499-79 AN ORDINANCE OF TIlE COUNCIL OF TIlE CITY OF ICENAI, ALASKA AMENDING ORDINANCE NO. 436-78 BY DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN TIIE FEDEII^L REVENUE SttARING FUND TO REFLECT STATE OF ALASKA PARTICIPATION IN TIIE PURClIASE OF SNOW REMOVAL EQUIPMENT FOR THE AIRPORT. WHEREAS, the Council of the City of Kenal by Ordinance No. 436-78 has appropriated $17,875 of Federal Revenue Sharing Funds (6.25% of the project) as the local share of the purchase of snow removal equipment for the Airport, and WHEREAS, Section 2 of Ordinance No. 436-78 provided that should the State offer to participate 50/50 with the City of Kenal for the 6.25% local share, the appropriation of Federal Revenue Sharing funds would be reduced accordingly, and WI~RFAS, the State of Alaska has now awarded the City of Kenat a grant to part!eipate in this project in the amount of $8,937 or 3.125% of the project, and WItBRF, AS, proper accounting practices require that all appropriations of City monies be made by ordinance. ~.'~'NOW, TI~RFORB, Big IT ORDAINED by the Council of the City of Kenal that Ordinance 456-?8, Section 1 be amended to read in its entirety as follows: .Section. h Bstimated revenues and appropriations are hereby increased as follows: Federal Revenue Sha~ing Fund Inorease Estimated Revenues: Federal Revenue Sharing Inerease Appropriations: Transfers to Airport Land System Airport Land System $8,938 $8,938 I1 _~ L ...... .LJ~IW ORDINANCE NO. 499-79, Page Two Increase Estimated Revenues: Tran~';fer from Federal Revenue Sharing Fund State Grants Federal Grants $8,938 8,937 268,125 $286,000 Increase Appropriations: Airport M&O - Machinery and Equipment $286,000 PASSED BY THE COUNCIL 0F THE CITY OF I~BNAI this 20th day of June, 1979. 3 ATTEST: Sue C. Peter, City Clerk VINCENT O'I~ILLY, MAYOR FIRST READING: June 6, 1979 SECOND P~ADING: June 20, 1979 EFI~CTIVB DATE: June 20, 1979 Approved by Finance Director:, CITY OF I~E, NAI ORDINANCE NO. 503-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA A~'IENDING THE PERSONNEL REGULATIONS OF THE CITY OF KENAI BY ADDING THERETO A CLASSIFICATION PLAN AND A PAY PLAN. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF EENAI AS FOLLOWS: Section h Article X Classification Plan of Chapter 22 is hereby enacted to read in its entirety as follows: ARTICLE X CLASSIFICATION PLAN CLASS CODE CLASS TITLE 101 City Manager NG 102 City Attorney NG 103 City Clerk NG 104 Finance Director* 24 105 Public Works Director* 22 106 Police Chief* 22 107 Fire Chief* 22 108 Senior Accountant 19 109 Assistant Engineer 17 ll0 Code Enforcement Officer 17 111 Airport Operations Manager I? ADMINISTRATIVE SUPPORT 201 Department Assistant I 3 209. Depai~h~ient Assistant II 7 203 Administrative Assistant 8 204 Accounting Technician I 10 205 Accounting Technician II 11 206 Accountant 16 PUBLIC SAFETY 301 Assistant Fire Chief 18 302 Fire Fighter 13 303 Police Lieutenant 18 304 Police Sargeant 16 305 Police Officer 14 306 Dispatcher ? 30? Fire Engineer 15 308 ~orreetional Officer I 309 Correctional officer II 14 310 Fire Captain 16 311 Fire Mat'shall 16 ORDINANCE 503-79, Page 2 401 402 403 404 405 406 407 408 409 410 501 50~ 503 504 PUBLIC WORKS Building Inspector Shop Foreman Maintenance Supervisor Treatment Plant Operator Water & Sewer Operator I Mechanic Helper Maintenance Worker I Mechanic Maintenance Worker II Water & Sewer Operator II SOCIAL SERVICES Librarian* Sr. Citizen Coordinator Parks & Recreation Director* Animal Control Officer 15 15 15 13 12 12 11 14 12 13 14 8 16 10 ·Department Directors Section 2: entirety aa follows: Ax~__e!e XI Pay Plan of Chapter 22 is hereby enacted to read in its ARTICLE XI PAY PLAN Ae Exempt Salaries: I. City Manager 2. City Attorney 3. City Clerk $43,000annually $3?,500ennually $23,500 annually B. Salary Structure by Grade: 1. Table (attached) 2. On completion of the probationary period, each employee shall be advanced one step. At succeeding anniversary dates, subject to evaluation ,employee may be advanced a step increment. The time period normally between steps B to C to D to E to F is one (1) year. The time normally between Steps P to AA to BB is two (2) years. © C. Qua] ificati on Pay: In recognition of professional development, personal time and effort of the Individual to achieve same, the follow~.ng annual recognition entitlement is authorized, payable Un a pro rata monthly basis. This recognition entitlement is not considered when calculating hourly rates for overtime, double-time, annual leave or holiday pay. 1. Police Department: Certification in accordance with State of Alaska ce~ti'fication Standards. (a) Police Officer. 1) Intermediate Certification 2) Advanced Certification $720/year $1,440/year (b) Police Sargeant. Intermediate Certification Advanced Certification $720/year $1,440/year (e) Police Lieutenant. 1) .Advanced Certification 2. Fi~e Department: $720/year (a) Recognition entitlements for an associate degree in fire science is $480 per year. Eligible grades are firefighter, engineer, lieutenant and captain. (b) Recognition entitlements for EMT certification for eligible grades of firefighter, engineer and lieutenant are as follows~ EMT I Instructor EMT II EMT III $ 60/year $120/year $300/year 3. Water and Sewer Utility: 'Recognition entitlements ~or water and sewer Certification are: W & S II $180/year W & $ III $300/year De Uniform Allowance: 1. The following annual allowances are established to defer the cost of uniform cleaning, maintenance and replacement for second and succeeding years of service: Jail ~ $150 Police - $250 Fire- $200 Animal Control - $250 ' Payment shall be made based on pro-rata service and paid in July 1st and January 1st installments. 2. On hiving, the respective department head shall issue from stock or purchase from appropriate funds a basic uniform and equipment issue. 3. Department of Public Works, Water & Sewer and Animal Control personnel shall be authorized by purchase from appropriated funds, safety shoes, hard hats and other OSIIA required items. Laundry service will also be provided for those clothing items furnished. E. Houri)' Rates - Part-time Em. pl. oyees: F. Stand-by P,alr PT-1 $3.40/hour PT-2 $3.65/hour PT-3 $3.90/hour PT-4 $4.15/hour PT-5 $4.40/hour PT-6 $4.65/hour PT-7 $4.90/hour Where employees are regularly placed on a stand-by status for a Saturday, Sunday or Holiday, they shall be entitled to a minimum of two (2) hours pay for such stand-by status. In the event of a "call out", overtime shall be paid for hem's worked but not less than the minimum of two (2) hours. G. The effective date of this ordinance shall be July 1, 1979. PASSED BY TB~ COUNCIL OF THE CITY OF I~NAI this 20th day of June, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk FIRST HEADING: June 6, 1979 SECOND READING: June 20, 1979 EFFECTIVE DATE: July I, 1979 CLASSIFIED SALARY TABLE 1~,~ A B C D E F AA BB 3 12,847 13,168 13,48~ ~3,810 14,131 14,452 14,773 15,094 7 15,620 16,011 16,402 16,793 17,184 17,575 17,966 18,357 8 16,406 16,816 17,226 17,636 18,046 18,456 18,866 19,276 9 17,221 17,652 18,083 18,514 18,945 19,376 19,807 20,238 10 18,078 18,530 18,982 19,434 19,886 20,338 20,790 21,242 11 18,979 19,453 19,927 20,401 20,875 21,349 21,823 22,297 12 19,936 20,434 20,932 21,430 21,928 22,426 22,924 23,422 13 20,922 21,445 21,968 22,491 23,014 23,537 24,060 24,583 14 21,980 22,530 23,080 23,630 24,180 24,730 25,280 25,830 J 15 23,080 23,657 24,234 24,811 25,388 25,965 26,542 27,119 16 24,223 24,829 25,435 26,041 26,647 27,253 27,859 28,465 17 25,438 26,074 26,710 27,346 27~982 28,618 29,254 29,890 18 26,709 2],377 28,045 28,713 29,381 30,049 30,717 31,385 19 28,038 28,739 29,440 30,141 30,842 31,543 32,244 32,945 20 29,454 30,190 30,926 31,662 32,398 33,134 33,870 34,606 22 32,455 33,266 34,077 34,888 35,699 36,510 37,321 38,132 24 35,833 36,729 37,625 38,521 39,417 40,313 41,209 42,105 Hourly rates are determined by dividing annual salary by number of hours in work year. CITY OF KENAI ORDINANCE NO. 504-79 AN ORDINANCE OF THE CITY OF KENAI AUTHORIZING SALE OF LOT 2, SPUR SUBDIVISION I, 16.25 ACRES, AND ESTABLISHING TERMS AND CONDITIONS OF SUCH SALE. WHEREAS, in consonance with the recommendations of the Mayor's Committee on Airport Land, the Council of the City of Kenai, Alaska has determined that a pilot disposition plan for airport, nonaeronautical land needs to be implemented, and WHEREAS, Lot 2, Spur Subdivision I is nonaeronautical land, sale of which can generate these needed funds, and WHEREAS, Ordinance 312 sets forth procedures for the sale of City owned lands which shall be followed for this sale, and WHEREAS, the City Manager has recommended that this land be sold pursuant to Ordinance 312, has presented the City Council with an estimated value of the property obtained from a qualified appraiser. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1. In the judgment of the City 'Council, Lot 2, Spur SubdiVision I, consisting of 16.25 acres is no longer needed for Municipal purposes. Section 2. In the judgment of the City Council, special circumstances exist making it unnecessary for the Advisory Planning & Zoning to review this disposition of land. Since this land is in such a location as to not make it feasible for future recreational or public use. Section 3. Notice of the sale and manner in which it shall be so~d"shall be published in a newspaper of general circulation within the City once each week for 2 consecutive weeks not 'less than 30 days prior to the date of sale, and notice shall be posted in at least 3 public places within the City and Borough for at least 30 days prior to sale. Section 4. The sale of Lot 2, Spur Subdivision I, 16.25 acres'is hereby authorized. Such sale is to be by public out- cry auction to be held August 1, 1979 at the City of Kenai Public Safety Building at 7:00 p.m. Alaska Daylight Savings Ord. 504-79, Page 2 Time with a min/mum bid of $800,000. Terms of the sale are ten percent down, cash or bank draft, with full cash payment within 90 days, close of business October 29, 1979. Section 5. Proceeds from the sale are to be placed in a segregated trust account. The principal from the trust account may be used to finance the local share of Airport Development Aid Programs (ADAP). Earnings of the trust fund may be used only for airport and airport land capital improvements, operation and maintenance. PASSED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, this 20th day of June, 1979. ' ATTEST: VINCENT O'REILLY, MAYOR ~ue C. Peter, City Clerk First Reading: June 6, 1979 Second Reading: June 20, 1979 Effective Date: July 20, 1979 ]~e~al City Courteil P. O. Box 590 ~nai. Alseka Y961X .Oonthmen: At the Ccuncfi ~oeting c~f.Vuly 19. 1978. n~y le~ee fn~ee~e off ~t Ten (t0). ~yo~k8 Subdivision ~o. 2 was die.sped. Thr~gh my .sKill:once. the torsi do, ar ~our. t involved wes never ~ntloned. ~t T~n (I0) Y~s had p ]~tao rate ~ $6~5.00 ~ ye~ ~fth e pt~9~ ~-~8o to $~.352.~ per ye~r. L~ ~oven (11), which fs u~ for employee p~.rktnff rnd tn,ok unh~dfnff at tho Post Office, ~ be up for ~ecoU:tfon ~ 1079. Tho ~rrent lease Is $56Z.50 per ye~. ~ Therefore, tr~, two leases trould .Jut:,p from $1,~37.50 plus ~61.88 tax, ovtr ~te ~xt ten yoar~. H~w meny of you wcz~ld ~c~ept ouch ~n fncreeseY [ p~r ~t, pr~ldfnff It Is tf~ to on ln~ea~ on ~ Elovcn (I 1) fn 19~9 of not · 0~ O~f~ D~:cflt. ~ ~o Post Offi~ rene~-~ the Ica~e in thc. ft~ of 1~80. he, fully I ~H be nble to tdd ~e eb~/o &~.unt tc ny len~.c, l~owever, l Pm~e Two l~ we cannot teneh on sllreement on the fl.*utes I h~ve i~ropo~od, then I am · lo,se. They hove in recent years begun to ~nG~ ~e~ o~ fncflf~es, ~d I ~e no ~ourenco ~et ~ey ~I1 r~ego~to a lease with ~e. ~ey will eonsider ~ ~nff ~m o~nomie r~ctoF8 ~volvod, ~nd ~o huge Incense y~ propose ~d co~y nw~ their dc~fston. p~eparmS to l~.tve tho matter In the hands of my ~tto~. C. R. ~nld~n, to ~auo ~u~ ~es ~s he might sdviuo. F~m · p~ely ecnno~ie standp~nt, I ~ p~p~ to spend what.et ~ount ~ time ~d ~ney necess~ to re.,lye a ~ ~ ooflsreetoz~ lo,se ~to. V~'y truly yours, Jock ,~,o~l~a~n July 14, 1978 John Wise and Kenai City Council -Gentlemen: ! would llke to protest the amount of increase in the yearly lease rate of Lot 10 Alyeska Subdivision. My lease contract of October 1968 called for an annual rental fee of $675.00 per year ~ith provisions for adjustments at 5 year intervals. The initial rate was for a reasonable fi§ute, and ! assumed that any adjustments would be in line with this figure. ~ith this premise, I constructed a build- tn§ on the lot the followlng year, and in 1970 obtained a lease from the Post O£fice Department to occupy the building. ! feel that rate increases in the yearly rental, fee should be §eared to the *'cost of living index". ~hile this would approximately double my lease ra~e, the ne~ rate billed to me calls for a $00% increase. I do not feel tha~ this is reasonable or fair. This is too large of an increase for me to absorb, and I cannot pass it on to the Post Office Depart- merit, and of course the buildin~ cannel be moved to another location. In computing my lease to the Post Office Department, I used my land lease rate of $675.00 with the knowledffe that there s~ould possibly be future increases. However, I feel that the City has amora! obligation to keep these increases to a reasonable figure. I am aware that the City has had a real estate appraisal o~ the property, but re§ardless of whether this appraisal is correct or not~ ! do not feel that it is pertinent in ne~o- tiatin§ a new agreement. Wy original contract called for a rate of 3d per foot. and receipt renlals on adiacent lots have been for 5¢ per foot. Howeve~ I am willlig to pav 6e_ per foot on a new contract. ~ara§raph #10 of ~? lease ~ree- merit calls for negotiation for increases or decreases in the rental rate, and I am hopeful that we can work out a rate 'that will be fair and mutually agreeable. JT/bo Sincerely, ~'Ja~ck~ Thompson '/ . Tq8~121 off the table. ~/-~otton passed unanimously. City Attorney Schlercth advised that as requested at the last meet]r~, he had contacted tho I!DA Ilegional Office in Seattle and determined that there was no problem in selling the surplus materials, however, the City may be found in non-compliance by not observing the bid retlut~'ement ordinance. Mr. IVise stated that the City had previously gone to bid but bids were rejected. Councilman Malston inquired if the parties were still interested in purchasing the items listed in the resolution and was advised by Councilman Ackerly that he was employed during the summer by the interested parties and they still wished to purchase the tanks. :0TIOi~: Counctlman.Ambartan moved, seconded by Councilman Malston, for adoption of Resolution 78-121, authorlzin~ Administration to sell to the Port of Ifenai tanks that a~e in the shallow well buildings that have been declared surplus. Councilman Ambartan stated that he would vote against the motion as he felt an appraisal was needed to determine actual value of the items in question. Councilman Abet a~'reed with Councilman Ambarian and further commented that the tanks, et al were of fat' more value than $400 each. iUI~STION: ./~.,1 Motion failed unanimously by roll call vote with Councilman Ackcrly abstaining. · . "~ Council directed Administration to rabid and advertise the items lo.r fcic. ~ ,rotost ofleaserateoLotl0, AlyeskaS/D- '~.~/~O~ ~'-A;~' fl .Ii Manager Wise r ec°mme-nde-d thc'- n°- ae~'°-n ?-e-t-ak-e-'*n'"°~'n"lth~tt~'~m~art~ sU~vl ?;ub m itt ed \ ncil consideration. Councilwoman Gliek suggested that the : theh' comments for Cou ......... .,.., .... ~,, ,,,,~, their rotests so that her two parties be contacteci aha u_rlle, a w.e.xp~u,,,,,,,o-~ ,,...mit P · et _ s I !. the martin' can be resolved without further ae~ay . /  ii~. NEW BUSINESS ' ~l-h Bills to be paid - bills to be ratified / i Councilwoman Glick moved, seconded by Councilman Malston. for approval of { bills to be paid and bills to be ratified as presented by the Finance Department this date ~ "~flON - AMENDMENT ' Councilman Ambarian moved, seconded by Councilman Aber, to amend the motion to approve payment to the Beaver Janitorial Maintenance Service ,contingent upon receipt of bondin~ and insurance documents as required by their contract · Motion passed unanimously by roll call vote. &liSO~S pRESENT SCHEDULED TO BB llI.:ARD ~o Joseph Langston - Central Heights Subdivision Mr. Langston inquired as to the problem with the Ci~ water tn that tt~as very dis~olored and rutntn~ laundry, etc. Ci~ M~a~er Wise advised that the City ha~been ~ttemptin~ to pump tho debris and other mstte~ out of the lines as that is the suspected problem ~ausin~ the discoloration. Mr. Wise furtlter repo~ted t~t the Ct~ ts hopeful that with~ 90 days the water wiB clear up. Mr. Jack Thompson Mr. Thompson came before Council to protest the increase in the yearly Lease rate on Lot 10, Alyeska Subdivision (Post office location). Mr. Thompson stated that the new rate was a 500% increase over the old and, in addition, Mr. Thompson advised that he had a contract with the United States Government which did not expire for two additional years and the increase in rate could not be absorbed by his tenant. Mr. Thompson requested, per his lease agreement with the City, to negotiate a rate that would be fair and equitable for all ~oncerned. Coune!Iman Mslston questioned the increase in Mr. Thompson's rate in that parcels of property adjacent to the lot in question were recently leased by the City at $ .06 sq. ft. and the City was levying s charge of $ .14+ for Mr. Thompson~s property. City Manager Wise advised that the property Just recently leased had been re-appraised last year and thus the fs~tor for determining the rate -- Mr. Thompson~s property was Just recently .__appraised. Councilman Ambarian reminded Council that the City does not negotiate leases ind if the City should start doing so below appraisal, the City would have to supplement the Ah'port fund. Counailman Abet suggested obtainin~ another appraisal and Mayor O'Reilly advised that this option was also open to Mr, Thompson. Couneiiman Malston stated in his opinion the Council should take into consideration the fact that Mr, Thompson has been leasing the subject property for 10 years and that ho is willing to pay an increased rate within reason. Councilwoman Olick pointed out that in the 10 years Mr, Thompson has been leasing the property from the City, his lease rate has never been increased from its erfshal ~mount. :ION: Councilwoman Gli~k moved, seconded by Councilman Malston that the City of Kenai set the lease rate for lot 10, Alyeska Subdivision, at $.08/sq. ft. for a two (2) year period er until expiration of le~se agreement between Mr. Thompson and his termnt (the U. S. Government) at which time the City Lease rate will increase to Councilwoman Glick stated that the special circumstances existed due to the fact that Mr. Thompson has been a lessee since 1958 and, in addition, he has a locked- in tenant for two more years. Mr, Thompson stated ilmt he would not be interested in the proposed motion as in two years the City would again increase the rate to an amount Mr. Thompson stated that he felt was not fair and equitable. ~ON: ailed by roll call vote. Voting no; Abet, Ambartan, and Malston. Voting yes; Glick &nd o'aeilly. 31{ - TA~LI~ Councilman Ambartan moved, seconded by Councilwomnn Click, to table tho matter of ,watest of lease rate increase until thc next regular meeting of Council. " ..~ ~totion pa~sed by roll c~l vote with Councilman Malston voting no. Mr. Thomp~n advised Council that he would have to travel back to the area from his home ~ the Pacific Northwest. 0N - II£CONSIDEHATION: Councilman Abet moved, seconded by Councilman Malston, for immediate reconsideration of item C-2. Councilman Ambarian stated that the reason he had requested the matter to be tabled was to enable tho Council to b,'ive proper time in considering the request which may ultimately result in affecting all lessees of City owned lands. Voting no; Ambartan, Click and Malston. Voting yes; ~ION: Motion failed by roll call vote. Abet and O'lleilly. Mrs. Gaff Olad- Civic Center Committee Report Mrs. Gaff Glad, Chairman of the Civic Center Committee, submitted a report to Council for consideration in which tho Committee has completed an analysis of site location, ~unetional requirements of the Center, and space requirements. Mrs. Glad stated that .,o possible locations being considered were at Airport Way and the Spur (approximately 6 acres) and Fidalgo Subdivision (approximately 4 acres). Mrs. Glad requested that Council review tho proposal and consider authorizing the Committee to proceed with a ~rant request to have an architectural concept/drawings prepared. City Manpger Wise reported that an area (known as the Well Site 81) was available fronting on the Spur behind the Locke Building. Mrs. Glad and architect Carmen Gintolli wflI look into the location suggested by Administration. Councilman Malston inquired as to a dollar figure at this time and Mr. Gintolli advised that based on a 30,000 square foot building and because of the multi- uso of tho building, the cost would be approximately $3 million. M. ayor O'Reilly thanked Mrs. Glad and Mr. Gintolli for coming before Council and advised that they and their Committee had done a commendable Job in puttinil the report together and further commented that Council would review the proposal for the project. MINUTII$ Minutes of the reL~tlar meett?g of July 5, 1978 Councilwoman Click requested that the following corrections/additions bo made to the minutes: '. Page l0 - item G-16 -- amendment to motion to state that Arctic Aviation be requested o SUbmit a conceptual lease for area in question to the Kenai Advisory Planning & Zoning remission for recommendation to Council prior to surveying, platting and appraising. AGENDA K~NAI CITY COUNCIL - SPECIAL MEETING SATUEDAYo JUNE 16, 1979 - 8:30 A.M. KENAI PUBLIC SAFETY BUILDING A. ~OLL CALL l~$f BUSINESS 1. Counoil policy and direotfon to AdmL-flstratton ~e~arding~ ~me. ADJOURNMENT KENAI CITY COUNCIL - SPECIAL MEETING SATURDAY, JUNE 16, 1979 - 8:30 A.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCUNT O'REILLY PRESIDING A. ROLL CALL PFesent: t Betty Oliek, Ron Malston, Vincent O'Reilly, Michael Seaman, Phillip Abet, Udwerd Ambarlan and Charles Ballie Absent: None B. NEW BUSINESS B-l: Council ~olicy and direction to Administration regarding same. MOTION: Councilwoman Glick moved, seconded by Councilman ~alston, that the Kenat City Council adjourn into Executive Session to diecuss Council policy and the reason being matters which by law or Municipal Charter or ordinance are required to be confidential end subjects that tend to prejudice the reputation and character of any person, provided the person may request a public discussion. Motion passed unanimously by roll call vote. RBCOBWEN~: Council reconvened at Ih 05 a.m. into public session. Councilwoman Gliek stated as per law and according to what was discussed in the ]~xeautive Session, Council adjourned to discuss Council policy and to give direction regarding same. Councilwoman Glick continued that Council discussed the Job performance of the City Manage~' who is a direct employee of the City Council and it is the Job of the Council to hire end/or fire the City Manager because of performance or leek of performance. Councilwoman Oliok advised that the City Council has given notice to City Manager John Wise that they ate going to dismiss ~ and some of the reasons are as follows: (1) Lack of good public relations; (2) Inability to work with subordinate employees and/or the City Attorney and the City Clerk; (3) Items being put on the agenda without going through proper procedures and/or proper personnel or the proper department concerned; Page Two, SPI~CIAI, I~IEETING June 16, 1979 (4) Items requested throullh the City Manat~er report at Council meetinF, s re~'ardinz decisions of ~reat importance and the Council not having time to investigate or review or discuss some of these items; (5) Items that have been pointed in the past through many channels to the City ~anai~er whioh then seem to be corrected but after a period of time fall bask into the same pattern of procedure; (6) Items being ~iven to the various and sundry Commissions requirint: decisions to be made without having proper time to review ali relevant information and these decisions could have far-reaching repercussions on the City as fei, as the City's management and development. Therefore, for the above stated reasons, the following motion was made: MOTION: Councilwoman Gliek moved, seconded by Councilman Malston, that the Kenai City Council hereby dismisses City Manager John Wise fron~ his position with thirty (30) days notice. MOTION - Alm~NDMEI~T Councilman Ambartan moved, seconded by Councilman Malston, that the effective date of dismissal will be Saturday, June 18, 1979 with thirty (30) days severance pay. Motion passed unanimously by ~olI call vote. MAIN, AB AMBNDBD: Passed ~_~_~dmously by roll call vote. There being no further business, the meeting adjourned at 11:15 a.m. Respectfully submitted, ~I~$BLH June ~ayor Vincent O'Reill~ P.O. Box S80 ~enai, Ak. 996~1 Dear Mayor O'Reilly: This letter is to inform you that this office is nov ac- cepting federal srant applications to fund local projects under the £nvironmental and Recreational Loss 6rant portion (Section 10S Id] [4]) of the Coastal £nergy Impact ProEram (CBIP). The C£IP is designed to provide assistance to ~overnment units that are experiencint or expect to ex- p~ri'ence impacts'from coastal energy activities. Bnviron- mental and Recreational Loss Grants are awarded to help prevent, reduce, or ameliorate unavoidable losses to en- vironmental and recreational resources from coastal energy activity in a State's defined coastal zone. Regulations define 'unavoidable' losses as those which cannot be traced to any identi£iable party or other~ise not preventable because of facility siting needs. Bnvironmental and recre- ational resources include air and water quality, important animal habitats, wetlands, beaches, parks, or public access to ~hese areas. I have enclosed a grant application; to apply for an envi- ron~ental/recreational ~rant. complete the standard cover £or~and provide a detailed budget and project narrative. All environmental/recreational applications for this "Round" must be postmarked no later than July 30, 1979, to be eli- E~-i~Te for consideration in this grant a~ard period. The same criteria will be used to evaluate these applications as has been used in the previous "Rounds". In order of impor- tance, those criteria are: Projects which protect human safety and health. Projects ~hich help preserve Alaska's lonE- term renewable resources; and then short term renewable resource protection. Page Two Projects aimed at saving non-renewable'resources. 4. Projects which provide economic benefit· $. Cost-benefit analysis of a proposal is not considered as important as the other factors. Applications in this category (Section 308 Id] [4]) that were deferred in earlier "Rounds" will be reevaluated, as will applications that have been submitted since the ap- plication deadline for "Round" Three which was on October 15, 1978o (Note: There are applications now pending which total to over $571,000.00; the balance of available funds for this ~nviron~ental/Recreational grant "Round" is $253,?00.) Information for this type of C~IP assistance and' others (credit assistance or planning grants) is available by contacting me at 225 Cordova Street, Buildinl B, Anchorage, Alaska 99501 or by calling 276-1721. A.. Reminder: This announcement is for environmental/recrea- tional applications only. You will be informed at a later date of the application deadlines for other types of C~IP grants. Sincerely yours, "Bill" ~illiams Coordinator Enclosures Post Office Bo.x 212 Kenai, Alnska 99611 Mr. John E. Wise, City Mnnager CITY OF KENAI Post Office Box 580 Kenai, Alaska 99611 Dea~ John: Per lease agreement, "Airport Lands or Facilities", with the City of Kenat for lease of that area known as Concession Area, comprising of Lots 16 through 19, including improvements thereon, Kenai ~unicipaI Airport, we hereby request renewal of subject lease for a term of 99 years. In order to insure appropriate income and financing for conth~ued utilization of the facility as well as other possible development and expansion in the future, it is necessary to obtain renewal of the lease as soon as possible. Pursuant to the lease agreement (dated May 9, 1966), I ~ enclosing here- with the sum of $708.75 representing the next quarterly payment on the annual rental. To facilitate preparation of the required'documents, I shall be most happy to furnish any in~ormation that you may require to be included within the lease agreement. Sincerely, Enclosure (1) CITY OF KENAI RESOLUTION NO. 79-65 A RESOLUTION OF THE COUNCIL OF TIIE CITY OF KENA~, 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 KENAI, ALASKA this day of , 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk ERIC E. WOHLFORTH ROBERT B. FLINT TIMOTHY G. MIDDLETON PETER AROET$1NG~'R ~ARAH FORBEe, WOHLFORTH & FLINT A ~'.OI"I[~"tONAL. COA~'ORA'rION · ~00 WEST ~TN AVENUE. ~UITE 50~ ANCHORAGe, A~gKA 99501 June 19, 1979 A~ COOE gO7 i G76-G401 Mayor Vincent O'Reilly City of Kenai P. O. Box 580 Kenai, Alaska 99611 Re: Revenue Bond Financing for City of Kenai Dear ~ayor O'Reilly: You have asked us for a letter setting forth the terms.~nd conditions under which this firm would be willing to act as bond counsel for the City of Kenai for a revenue bond issue under your recently passed charter provision, to finance the Serendipity Enterprises hotel complex in Kenai. Our services would include the drafting of docu- ments such as bond resolutions, trust indenture, financing ~gree~ent; assisting in preparation and review of the offic- ial statement for the issue, conferences with the financial advisor in connection with the official statement and full disclosure; and other typical bond counsel work necessarily associated with the preparation of the issue, concluding with the delivery of our approving opinion. Our bond counsel fee for the above would be re- lated in part to the size of the issue, but assuming it would be $6 -$7 million, it would be $30,000 as a flat fee. This fee does not include work on any litigation or pro- tracted negotiation with the Internal Revenue Service. Should the issue not be consummated, we would expect to compensated on an hourly basis at $90.00 per hour up to a maximum of $5,000. In addition, we would be reimbursed for out of pocket expenses such as travel, long distance tele- .phone charges, xerox expenses and the like. We would be pleased to be associated with the City ~of Kenai as bond counsel on this project. Yours trul~y~/7 Timoth7 G. Middleton TGM/lh June 19, 1979 CITY OF KENA! ¥ P. O. BOX SI0 KE~AI, ALASKA 9961 TELEPHONE 285 · TBLEGRAM TO: . Mayor Vincent O'Reilly FRO~: F t ~, Inc. Agrees t~ serve as financial consultant to the City on Serendipity Bnterprise hotel proposal. Scope of work - review all feasible projections, ducuments, and bond offerings; information to protect the interest of the City and the City's credit standing with regard to issuance of industrial revenue bonds for proposed project; meet with attorney, City staff, and proposal groups as necessary; expenses .for service to be negotiated at a later date, . . ~ _ - .." ",., ~,~.;~ ', 2~ ' ,,. ~ ~- ~tce'Prqsiden~ ~ ~ .,. '[, ~ , " (.IReceived by Jan'Ta/lor at 2:20 p.m. CITY OF KENAI ORDINANCE NO. 505-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A PROCEDURE FOR RECEIVING APPLICATIONS FOR FINANCING BY THE ISSUANCE OF MUNICIPAL INDUSTRIAL DEVELOP- MENT BONDS. WHEREAS, the citizens of the City of Kenat have recently enacted a Charter amendment authorizing the issuance of munic- ipal bonds for the purpose of financing industrial development, and WHEREAS, some type of written procedure is now required to handle applications by those interested in industrial development in the Kenai area through the use of financing secured through the issuance of municipal industrial develop~nt be it enacted by the Council of the City of NOW, THEREFORE, Kenai, Alaska that the Code of the City of Kenai, Alaska is hereby amended by adding a new Chapter 35 to Title 7 "Financing" entitled "Procedures for Municipal Bond Financing Applications" a ~opy of which is attached hereto and made a part of this Ordinance. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: VINCENT O' Pd~ILLY, MAYOR sue C. Peter, City Clerk First ~eading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: August 5, 1979 7.35.010 PROCEDURES FOR MUNICIPAL BOND FINANCING APPLICATIONS; Scope of..Proce_d_ure~: This chapter applies to all applications for financing of a project through the issuance of municipal industrial bonds as authorized by 6-3 and 6-5 of the Charter of the City of Kenai. 7.35.020 Application: An application for financing of a project must: 1. provide the amount of financing (in excess of $1,000,000) requested; 2. provide a general description of the proposed project; 3. provide a complete description of the purposes of the issue of any bonds and of how the proceeds of any bond issue will be used; 4. provide financial statements, including balance sheets and profit-and-loss statements, certified by an independent certified public accountant for the last 3 fiscal years of the applicant's business or all fiscal years of applicant's operation if less than 3 years, unless waived by the City Council by resolution; these financial statements must be provided for both the applicant's business and any party or parties acting as guarantors for the financing contemplated; 5. provide a business history of persons owning 10% or more of the applicant's business; and 6. provide any additional infornuation or documentation requested by the City Manager. Applications must be submitted to the City Manager, City Hall Offices, Box 580, Kenai, Ak 99611. 7.35.030 Review by City Council: Upon determination by the City Manager that the application requirements of this chapter have been met, the application, along with the recommendation of the City Manager and any other information considered relevant by the City Manager, must be transmitted to the City Council for its review. In its discretion, the City Council will request addi- tional information itself or through its City Manager and will postpone action on an application which in its judgment requires additional information. If the City Council disapproves an application, it will instruct its City Manager to notify the applicant of the disapproval. If the City Council approves an application, the applicant shall enter into a reimbursement agreement with the City pursuant to Section 050 and the project will proceed pursuant to the bond counsel's and financial advisor's recommendations. 7.35.040 Inspection of Recordsl An applicant shall make its books and records available for inspection at a reasonable time by the City Council, its City Manager, or its agents, upon receipt of a written request to inspect the applicant's books and records. 7.35.050 Costs and Financing Fees: An applicant shall pay or agree to pay the direct costs o~ evaluating its application in advance unless this cost is waived by resolution of the City Council for good cause. The City Council or its City Manager will determine thc direct cost of evaluating the application. No application will be finally considered until the cost is fully paid. A contractual agreement may be authorized and entered into by the City Council whereby the applicant shall guarantee a sum certain to cover the direct costs and fees in evaluating the application by the City's bond counsel and its financial advisor. Said contract ~ay provide for the payment of a retainage to the City to insure the availability of funds to pay for the aforementioned services. An applicant may also be required to pay a financing fee equal to a certain percentage of the total amount of financing as determined by the City Council to defray expenses of the City except that the City Council may elect to waive such a fee should the circumstances so warrant. Renumeration of costs and fees in this section does not constitute a limitation upon other costs and fees that may be prescribed by law or contract. · 7.35.060 Supervision of Proceeds of Bond Issue: So long as there iS'any out6tanding bond remaining to be redeemed tinder a bond issue, the City Council will, in its discretion, require that the applicant whose financing of a project is approved shall, whenever requested by the authority: 1. permit an audit or examination of its books and records by an independent firm of certified public accountants at a reasonable time to determine whether the provisions of the bond issue have been complied with and pay the cost of this audit or examination. (The applicant may be required to provide a retainage with the City to issue the payment of such an audit) 2. permit the City Council or its agents access to the applicant's books and records at a reasonable time; 3. submit, on written request of the City Council, a sworn statement by a responsible officer of the applicant as to the purposes to which bond proceeds have been applied. CiTY OF KENAI ORDINANCE NO. 506-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "FACILITIES DESIGN" BY $4,675. WHEREAS, the Council of the City of Kenai by Ordinance No. 454-78 has appropriated engineering monies for Step II of Sewer Treatment Plant Improvements, and WHEREAS, grants from EPA and the State of Alaska allow for the appropriation of adminstrative monies and land, structures, right-of-way monies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF K~NAI, ALASKA that the following increases in estimated revenues and appropriations be made: Water and Sewer Special Revenue Fund Increase Estimated Revenues: Transfer from R~serve for Sewer Treatment Plant Improvements $584 Increase Appropriations: Transfer to Capital Projects $584 Water and Sewer Capital Projects-Facilities Design Increase Estimated Revenues: Transfer from Water & Sewer Special Revenue Fund Grants-State of Alaska Grants-Federal 584 584 3,507 ~.4,675 Increase Appropriations: Administration Land, Structures, right-of-way $2,175 2,500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. VINCENT O'REILL¥, MAYOR ATTEST: Sue C. Peter, CitY cle'rk Approved by Finance:~__ First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: July 5, 1979 C~TY OF KENAI ORDINANCE NO. 507-79 AN ORDINANCE OF TIlE COUNCIL OF TIlE CITY OF KENAI, ALASKA CREATING A CAPITAL PROJECT FUND ENT1TLED "WILLOW STREET LUMINARIES" AND INCREASING ESTIMATED REVENUES AND APPROPRi- ATiONS IN SUCII FUND BY $75,000. WIIEREAS, the State of A].aska is planning reconstruction of Willow Street, and as part of the project the City of Kenai may elect to have the State install luminaries at the City's expense, and WHEREAS, the addition of luminaries to the project is deemed to be desirable, and WIIEREAS, of the estimated cost of tho luminaries of $135,000, the Council of the City of Kenai desires that $60,000 be funded by Local Service Roads and Trails State Grant funds, and the remaining $75,000 be funded by City Street Bond Funds, and WHEREAS, proper accounting practices require that all ap- propriations of City monies he made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY TIlE COUNCIL OF THE CITY OF KENAI that: Section 1: The City administration be directed to request the State to proceed with soliciting bids on the installation of luminaries on Willow Street, Seotion 2: The City administration be directed to request the State to apply $60,000 of the City's entitlement of Local Service Roads and Trails monies to this project in the event that the bid award for the project is made by the Council, and Section 3: Estimated revenues and appropriations in the capital project fund entitled "Willow Street Luminaries" be increased as follows: Increase Estimated Revenues: 1974 Refunded Bonds (Streets) $75,000 Increase Appropriations~ Construction $75,000 PASSED BY THB COUNCIL OF THE CITY OF KENAI, ALASKA this 5th 4ay of July, 1979. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk a~roved by ~inance: 64'_/,~ First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: July 5, 1979 CITY OF KENAI ORDINANCE NO. 508-79 AN ORDINANCE OF TIIE COUNCIL OF TItE CITY OF KENAI, ALASKA AMENDING ORDINANCE NO. 122 REGULATING OIL AND GAS WELL DRILLING WITHIN TIIE CITY OF KENAI AND ADDING SUCH REGULATIONS TO TIIE KENAI CODE. WHEREAS, Ordinance 122 of the City of Kenai adopted emergency regulations of oil and gas well drilling within the Kenai City limits, and WNEREAS, it was the intent of that ordinance that comprehensive regulations be drafted and added to thc Kenai Code, and WIIEREAS, practical experience with oil companies who have sought to abide by said regulations demonstrate that certain amendments to the regulations are required in order to make the drilling operations feasible as for example, (a) the need for a shut-in provision giving the oil company extra time under a permit to dispose of oil or gas discovered because of the lack of a ready market or pipeline trans- portation facilities (5.35.080); (b) the need for reason- able, additional time to commence drilling operations from grant of permit, (5.35.070); and the need to grant additional leeway to allow for other than steel slush pits (5.35.130). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Ordinance No. 122 is hereby repealed in its entirety and as codified in the Kenai Code. Section 2: The attached chapter of code provisions entitled "OIL AND GAS WELLS," numbered 5.35.010 through 5.35.250 are hereby adopted by the Council of the City of Kenai and shall be codified in the Kenai Code as amended. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: VINCENT O'REILLY, MAYOR SUE C. PETER, CITY CLERK First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: August 5, 1979 5.35.010 Oil0 AND GA~] WE]J.~; Dr, f~n].tions: 1. The word ._~ "person" sha].l ~nclude a'i~ Tx~j~5~3~-ri%~-'pactnership, · association, corl~oration or cooperative. 2. The word "well" shall includc~ and mean any hole or holes, bore or bores, to any sand, formation, strata, or depth for the purpuse of producing and recovering any oil, gas liquid hydrocarbon or any of them. 3. The word "permittee" shall mean the person to whom is issued a permit for the drilling and operation of a well under this ordinance, and his or its administrators, e×ecutors, heirs, successors and assigns. 4. All technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry. 5. The word "lease" as that term is used herein shall mean any tract of land subject to an oil, gas and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, and any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the free royalty ownership is developed and operated a~ a separate tract. 5.35.020 Permit: It shall be unlawful and an offense for any person acting either for himself or acting as agent, employee, independent contractor, or servant of any other m person, to conlmence to drill, or to operate, any well within the city limits of the city or to work upon or assist in any -" way in the production or operation of any such well, without a permit for the drilling and operation of such well having first been issued by the authority of the City Council in accordance with the terms of this ordinance. 5.35.030 Streets and Alleys: No well shall be drilled and no permit shal~ b~ issued for any well to be drilled at any location which is within any of the streets or alleys of the city; and no street or alley is within any of the streets or alleys of the city; and no street or alley shall be blocked or incumbered or closed in any drilling or production operation except by special permit by order of the City Council, and then only temporarily. 5.35.040 Well Location: No well shall be drilled and no permit shall-~e issued for any well to be drilled at any location which is nearer than 200 feet of any residence or commercial building without the applicant having first secured the written permission of the owner or owners thereof. 5.~5.050 Application and Fi~ing Fee: Every application for a permit read'ill and operate a wel~'"shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf, and it shall be filed with the City ['['ii*f'll ...... ] Clerk and be accompanied with a filing foe of $500 in cash. No application shall request a }~ermit to drill and operate more than one well. Tile said application shall .~nclude full information, includ.~ng the following: ~ 1. The date of said application; 2. Name of tile applicant; 3. Address of the applicant; 4. Proposed site of the well, including: name of the mlneral owner and surface owner; name of the lease owner; and brief description of the land; 5. Type of derrick to be used; 6. The proposed depth of the well. 5.35.060 Issuance or Refusal of Permit: The City Council, within 20 days after the filing of the application for a permit to drill and operate a well shall determine whether or not said application complies in all respects with the provisions of this ordinance, and if it does, the City Council shall then fix the amount of the principal of the bond and insurance provided for in the secticn below, and after such determination shall issue a permit for the drilling and operation of the well applied for. Each pez~,,it issued under this ordinance shall: 1. By reference have incorporated therein all the provisions of this ordinance with the same force and effect as if this ordinance were copied verbatim in said permit; 2. Specify the well location with particularity to lot nu~xber, block n~mber, name of addition or s~bdivision, or other available correct legal description; 3. Contain and specify that the term of such permit shall be for a period of one year from the date of the permit and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for more than 120 days, or oi~.~r gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commenced additional reworking operations within 120 days thereafter as oil or gas is produced in commercial quantities from said well, except that for good cause the City Council upon application may extend the 120 day requirements for additional periods of 60 days but for not more than the aggregate of one year; 4. Contain and specify such conditions as are by this ordinance authorized; 5. Speoify the total depth to which the well may be drilled, not exceeding the projected depth; and, 6. Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the City Council and conditioned as specified in the section below. Said permit, in duplicate originals, shall be signed by the City Manager of the City, and prior tO delivery to the permittee shall be signed by the permittee (with one original to be retained by the city and one by the permitee); and when so signed shall constitute the permittee's drilling and operating license and the contractual obligation of the permittee to comply with the terms of such permit, and such bond, and this ordinance. If the permit for the well be refused, or if the ap- plicant notifies the City Council in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant be not approved and the applicant notifies the City Council in writing that he wishes to withdraw his application, then upon the happening of said events the cash deposit provided for to be filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the city $100 as a processing fee. 5.35.070 Termination of Permit: When a permit shall be issued, the same shall terminate and become inoperative' without any action on the part of the city unless within 120 days from the date of issuance actual drilling of the well shall have commenced except during a suspension or shut-in as provided in 35.080, the cessation for a like period of the drilling operations or the cessation of the production of oil or gas from the well after production shall have commenced, shall operate to terminate and cancel the permit, and the well shall be considered as abandoned for all purposes of this ordinance, and it shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit except upon application to the City Council said periods may be extended for 60 day periods but not more than the aggregate of one year. 5.35.080 Shut-In: If a well has been drilled which is or can be made capable of producing gas or oil in commercial quantities but for which there is a lack of either a market at the wm11 or of an available pipeline outlet in the field, said well may be suspended or shut in while the drilling and production permit issued hereunder is still in effect. The permittee shall give written notice to the City of his intent to suspend or to shut in the well which notice shall present the reasons therefore and indicate the good faith attempts that were made in securing a market or providing for the transportation of the oil or gas. Said suspension or shut-in will be effective for one year from the date of the notice to the City and may be renewed for additional one year intervals upon review and public resolution by the City Council. During the suspension or shut in the well shall be secured by fence, locks or other security devices as approved by the City Manager. 5.35.090 Permittee's Insurance and Bond: In the event a permit be issued by the City Council under the terms of this ordinance for the drilling and operations of a well, no actual drilling operations shall be commenced until the permittee shall file with the City Clerk a bond and a cer- t~fiaate of insurance, as follows: to delivery to the permittee shall be signed by the ]'~crmJtteo (with one original to be retained by the city and one by the permitee); and when so signed shall c(,nstitute the permittee's drilling and operating license and the contractual obligate, on of the permittee to comply with the terms of such permit, and such bond, and this ordinance. - If the permit for the well be refused, or if the ap- plicant notifies the City Council in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant be not approved and the applicant notifies the City Council in writing that he wishes to withdraw his application, then upon the happening of said events the cash deposit provided for to be filed with the application shall be returned to th~ applicant, except that there shall be retained therefrom by the city $100 as a processing fee. 5.35.070 Termination of Permit: When a permit shall be issued, the same shall terminate and become inoperative without any action on the part of the city unless within 120 days from the date of issuance actual drillJ, ng of the well shall have commenced. The cessation for a like period of the drilling operations or the cessation of the production of oil or gas from the well after production shall have commenced, shall operate to terminate and cancel the permit, and the well shall be considered as abandoned for all purposes of this ordinance, and it shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit except upon application to the City Council said periods may be extended for 60 day periods but not more than the aggregate of one year. 5.35.080 Shut-In: If a well has been drilled which is capable of ~roducing gas or oil in commercial quantities but for which there is a lack of either a market at the well or of an available pipeline outlet in the field, said well may be shut in while the drilling and production permit issued hereunder is still in effect. The permittee shall give written notice to the City of his intent to shut in the well which notice shall present the reasons therefore and indicate the good faith attempts that were made in securing a market or providing for the transportation of the oil or gas. Said shut in will be effective for one year from the date of the notice to the City and may be renewed for additional one year intervals upon review and public resolution by the City Council. During the shut in the well shall be secured by fence, locks or other security devices as approved by the J City Manager. 5.35.090 Permittee's Insurance and Bond: In the event a permit be issued by the City Council under the terms of this ordinance for the drilling and operations of a well, no actual drilling operations shall be commenced until the permittee shall file with the City Clerk a bond and a cer- tificate of insurance, as follows: 1. A bond in thc: l,r.i, nci]~;~] sum of :.~uch numb~:r of dollars as has been .~;o dotermilJt:d by the City Council, but not to be les:.: than $25,000. Said bond to be o. xo~:uted by a reliable insurance corelli, ny authorized to do busir~.~:;s in the state, as surc:ty, and with applicant ns ].,rinc~.pa], runn~.ng to the city fei' the benefit of the city and all persons concerned, conditioned that the ]~ermiti.eo will comply with the terms and conditious of this ordinance in the drilling and operation of the well. Said bond shall become effective on or before the date tile same is filed with tho City Clerk and remain in force and effect for at least a period of 6 months subs~.quent to the expiration of tho term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly pay off fines, penalties and other assessments imposed upon permittee by ro. ason of his breach of any of thc t~rms, provisions and conditions of this ordinance, and that the permittee wi. ll promptly restore the streets and sidewalks and other public pro}~erty of the city, which may be disturbed or damaged in the operations, to their former conditions; and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the drilling or producing operations, and will, after abandonment, grade, level and restore said property to the same surface condition, as nearly as possible, as existed when operations for the drilling of the well or wells were first commenced; and that the permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of such permit. If at any time the City Council shall deem any permittee's bond to be insufficient for any reason, it may require the permittee to file a new bond. If, after completion of a well, permittee has complied with all of the provisions of this ordinance such as to re~oving derrick, clearing premises, etc., he may apply to the City Council to have said bond reduced to a sum of not less than $10,000 for the remainder of tho time said well produces without reworking. During reworking operations the a~ount of the bond shall be increased to the original amount. 2. In addition to the bond required in paragraph 1 of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, in an insurance company authorized to do business within the state, said policy or policies in the aggregate shall provide for the following minimum coverages: (a) Bodily injuries $250,000 one person; $500,000 one accident. (b) property damage $200,000. (c) workmen's compensation insurance and shall furnish a certificate thereof tb City; (d) the permittee shall also execute an agreement to save the City harmless from all actions, suits, liabilities or damages resulting from or arising out of any acts of commission or omission by from the permittee's operation aJ~(l I,rJ.v.i.[(:ge;; greeted hereby and pay ali. coasts col,nccted th~.re~;ith. Permil-tee shall £i].e with thc City Clerk c(;~t[flcatos of said insurance, a.s above sL,~t(:d, ~nd sh,~l], obt;~J.n the written aPl~rova], th,.:rc, oi by the C'lty ;,:an~g(;r, who :;hall act thereon witl~in 10 ¢]dys from the date ¢~f such filing. Said insurance policy or t~ol~c~e.,; shall nc, t be c~]ncel].cd without writLen notice t.o tile City Clerk at least 10 days i~rior to the e££ective date of such c~,ncellation. In the event said insurance policy or policies are cancel]cd, the granted shall termin(,te, and permlttee's rights to operate under said permit shall cease until i)ermitt(;c, f~.les zddition- al insurance: as provided herein. 5.35.100 Permit Required for Condul. t.s on Street.'-; and ~lle~s: No permittee~s-}~-~)-~"-~-~ke ~-~;~.6~;~;a~i~i:~-'6r construct any ].ines for the conveyance of fuel, water or minerals, on, under or through the streets and alleys of the city w~thout express permission of the City Council, in writing, and then only in strict complia~ce with the ord~.- nances. 5.35.110 DeeRer Drillinl: Once a,~y well has either been completed ~ a ~r-~-6~-~"or abandoned as a dry hole, it shall be unlawful and an offense for any person to drill such well to a deeper depth than that reached in the prior drilling operations without the permittee as to such well obtaining a supplemental permit after filing a supplemental application with the City Clerk specifying: 1. The then condition of the well and the casing therein; 2. The depth to which it is proposed such well be deepened; 3. The proposed cas]ng program to be used in connection with proposed deepening operations; 4. An evidence of adequate current tests showing that the casing strings in said well currently passed the same tests as are in this ordinance provided for in case of the drilling of the original well. In the event the City Council is satisfied that said well may be deepened with the same degree of safety as existed in the original well, a supplemental permit may be issued without an additional filing fee to the permittee a~thorizing the deepening and operation of the well to such specified depth as applied for. In any deeper drilling or any deeper completion of any deeper production operations, the permittee shall comply with all other provisions contained in this ordinance and applicable to the drilling, completion and operation of a woll or wells. 5.35.120 Derrick and Rig: It shall be tullawful and an offense for any person to use or operate in connection with tho. dri].].ing or rcwo~.kLn,I of any wc].l w.lth.i.n [.h'~ city lJ.m~ts, any wooden alert.lek or any steam~Powcrcd rig, and all e]~gines shall be equipped v/.J. th ~' ~,qu.'~te mufflers a]~],rovcd.by the City Manaqer, or bo permit any drilling rig or derrick to rema:~n on tho premises or drilling s~.te for a period longer than 60 days after comp].cl:ion or ~,]~.-,l~dr,nn~cnt of the wc]l. At all tSmes from the start of erection of a do:'rick, or a mast, or a gin-polo, until the we].], i~: abandoned and plugged or completed as a producer and enc]osad with a fence as herein provided, the pormittee shall keep a watchn,an on duty on the premises at all times; provided, however, it shall not be necessary to keep an extra watchman on duty on the premises when other workmen of permittee are on said prem~.ses. ,5.35.130 Pits: Steel slush pit:: shall ]'~ used in connection with°~'~-f drilling and reworking operations. Such pits and contents shall be removed ~rom the promises and the drilling site within 60 days after completion of the well. No earthen slush pits shall, be used except as permitted by the City Council on a ca,e-by-case basis. 5.35.140 Drilling Op/_prations; E~uipment: Ail drilling and operation a~ a~l~ Wo-~ ~~~ ~--a '~ittee under this ordinance shall be conducted in accordance with the best practices of the reasonably prudent operator. Each permittee under this ordinance shall observe and follow the recommendations and/or regulations of the American Petroleum Institute and the commission of the state. 5.35.150 Premises to be Kept Clean and Sanitary: The premises shall be kept in a clean and sanitary condition, free from rubbish of every, character, to the satisfaction of the City Manager, at all times drilling operations or reworking operations are being conducted, and as long thereafter as oil and/or gas is being produced therefrom. It shall be unlawful for any permittee, their agent or employee, to permit within the corporate limits of the city, any mud, water, waste oil, slush or other waste matter from any slush, pit, storage tank, or oil and/or gas well located within the corporate limits of the city, or from any premises within the city, developed or being developed for oil and/or gas purposes, into the alleys, streets, lots, land or leases within tho corporate limits of the city. 5.35.160 Mufflers Re~uir~d: Motive power for operations afte~ completion of drilling operations snail be electricity or properly muffled gas, gasoline or diesel engines. 5.35.170 Storage.Tanks and Separators: It shall be unlawful and an offense for any person to use, construct or operate in connection with any producing well within the city limits any crude oil storage tanks except to the extent of 2 steel tanks for oil storage, not exceeding 500 barrels capacity each and .~;o con:~[.ructed and maintainc:d as to be vaportight. A }~e]~m]tte~ m..~y use, con~:truct and ope].~te a steel, conventional sepa~'ator, and such other steel tanks and appurtenances as are ncc,:.~::~ary for treatinq oil %~ith each of such facilities to be so construe:ted and maintained ~; to be vaportight. Each oil, gas separstor shall be equipped with both a regulation pressure-relief safety valve and a bursting head. All such tanks and separators shall be ])laced underground. Any oil or gas produced may be transpo]-ted outside of the city limits by underground pJpe].ines. 5.35.180 Fence: Any person who completes any well as a producer shall ]]ave tile obli(3ati(~n %o enclose: said %.~ell, together witt% its surface facilities, by a substantial fence sufficiently high and properly built so as to ordinarily keep persons and animals ()ut of the enclosure with all gatos thereto to be kept locked when the permittee or his employees are not within the enclosure. 5.35.190 Noise and Other Nuisances: Ail oil operations, drilling and production operations shall be conducted in such a manner as to elimJnate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to exploration for, drilling for and production of oil, gas and other hydrocarbon substances. Proven technological improvements in exploration, drilling and production methods shall be adopted as they become, from time to time, available, if capable of reducing factors of nuisance and annoyance. 5.35.200 Flaring or Burning of Gas: No permittee engaged in the ~riiiing Or °p~ra~i~n of an oil and/or gas well within the corporate limits of the city, shall permit to escape into the air or to flare or burn gas from a torch or any similar means within the corporate limits of the city, except that gas may be burned for a limited time when necessary to coraplete an oil and/or gas well upon the original completion or upon the recompletion of work over jobs upon oil and/or gas well, so long as the same does not constitute a fire hazard to the property of others within the vicinity of such oil and/or gas well. 5.35.210 Fire Prevention: It shall hereafter be unlawful to operate a well for oil and/or gas without a 4 inch header being laid over the top of the tanks and a 2 1/2 inch line extending from the tank battery to a point 200 feet from said tank battery. The manner and method provided for connection at said point shall be determined by the City' Fire Department so that foamite.or other chemicals may be pumped through such line and the header on the tanks into such tanks to extinguish fires in the tanks. Adequate fire fighting apparatus and supplies, approved by the City Fire Department shall be maintained on the. drilling site ~t all time,.~; during drilliug and production operotions. AIl machinery, ¢~quil~:nent ,']nd Jn~;tallati~ns on all drilling sJt¢;s wJ_th~n tile city 1.imit:: shall confo]m with such requirements as may from time to time be issued b;, the Fire Depar green t. 5.35.220 Abandonment .............. alld P]u.~!'~in_.~.: Whenever any well is abandoned it shall bu the obliga.~.L¢~n of the permittee and the operator of the well to set a 200 foot cement plug in the bottom of the surface c~sing with the bottom of the plug 100 feet below the surf~,ce casing sc~ction, and the top of the plug 100 feet above the surface casing section; and to set a 50 foot cement plug in the top of the surface casing. No surface or conductor string of casing m~]y be pulled or removed from a well. During initial abandonment ope~-ations it will be the ob].igation of the permit-tee and the operator of the well to flood the well with mud-laden fluid weighi~g not less than 10 pounds per gallon, and the well will be kept filled to the top with said mud-laden fluid at all times; mud-laden fluid of the above specifications will be left in the well bore below and between cement ]~lugs. Any additional provisions or precautionary measures prescribed by the state or the commission of the state in connection w~th the abandonment and plugging of a well ::hall be complied with by the permittee. 5.35.230 p~posal of Salt Water: Permittee shall make adequate provisions for the disposal of all salt water or other impurities which he may bring to the surface, such disposal to be made in such manner as to not contaminate the water supply, present or prospective, or to injure surface vegetation. 5.23.240 Violation of Laws or Requlat~gn_~: A~y violation of the laws of the state or any rules, regulations or require- ments of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gas well or related appurtenances, equipment or facilities, or in reference to firewalls, fire protection, blow-out protection, safety protection, or convenience of persons or property, shall also be a violation of this ordinance and shall be punishable in accordance with the provisions hereof. 5.35.250 Penalty: It shall be.unlawful and an offense for any person to violate or neglect to comply with any provision hereof irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this ordinance, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the permittee pursuant tO this ordinance, or who shall neglect to comply with the terms hereof, shall on conviction thereof, b(? fined in i, ny :;urn not ]e.~;:; than $5 more than $]00; and the violation of (~ach sep:.~r~te }~rovJ. sion of this ordinance, and [~f s,~id l~erm]t, ~u]d of naid bol~d, shall be considered a separate offense, and each day's violation of each separate provision thereof shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the City Council at any regular or special session or meetJ, ng thereoC, ]u~y, providcd 10 days notice has been given to the permJttee theft revocation is to be considered at such meeting, revoke or suspe~'~d any permit issued under this ordinance and under which drilling or producing operations are beJ. ng condu.3t~-~d in the event permittee thereof has violated any prov.Jsion of sa~.d permit, said bond, or this ordinance. In the event the per~ait be revoked, the permJttee may make application to the City Council for a reissuance of such permit, and thc action of the City Council thereon shall be final. In addition to or as an alternative to the penalty aforementioned, any person violating this title shall be subject to a civil penalty of not more than $100. Each and every day the violahion continues shall be deemed a separate and distinct violation. In addition a civil injunction or temporary restraining order may be obtained in order to obtain i~ediate compliance with the provisions of this title and the City may apply for its reasonable court costs and attorney fees in bringing the civil litigation. CITY el' KENAI OF~DINANCI: NO. b09-79 AN ORDINAHCE OF TIlE COUNCIL el" TIIE CITY O1:' KENAI, ALASKA Ai'.IENI)~ING THE I',EI,IAI COl)l:: AS A!,IE,',il)ED PROVI DING FOR A kq?lW ANIMAl. COWPI-:OL ORDINA:':CI:: rl'O RI'.;!q'.,ACI'] Tile EXISTING ;:?IIi. IAL CONTROL OrtDI:.'ANCE · WIIEREAS, the City of KenaJ. pr¢-::'-,¢:ntly ha:; an anita;il control ordinance, Ordinance 294 which is codified Jn Sec. 3-1 through 23 of the Kenai Code os amended and in 3.].0.010 through 3.].0.210 ill the 1979 revision of the Kenat. Ccc!e, and WttEREAS, the present ordJ_nance is deficient in that it does not give the animal control office citation 5ssuing authority which deters from his ability to provide adequate anim.nl control, and WIIEREAS, the revise¢t proposed ordinance is more comprehensive in its approach to the subject of animal control, NOW, THEREFORE, BE IT ORDAINED BY TIIE COUNCIL OF TIIE CITY OF KENAI, ALASKA as follows: Section 1: Ordinance 294 is hereby repealed in its entirety and its codification in Sec. 3-1 through 23 of the Kenai Code as amended and its codification in Title 3 of the 1979 code revision. Section 2: A new Title 3, Animal Control, a copy of which is attached hereto and incorporated herein, is hereby adopted by the Council of the City of Kenai as the new animal control ordinance, and shall be codified in the Kenai Code as amended. PASSED BY TIlE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: VINCENT O'REILLY, b~YOR Sue C. Peter, City Clerk First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: August 5, 1979 ~r I .r,',tAT, CC, i Title 3: 1. "Anir:lal" I.~ea,~s all dom~:.tJ.c or do:~:~.%ticat, od members of the Kingdcm Animalia. 2. "At large" means not ur, der restraint.. 3. "Cat" means a dor:~estfc or domesticated mc*tabor of the family Felidae. 4. "Currcr, t rabfes vacc~nat...~n me.;,ns a vaccination: (a) as specified in th~. "compcndfur:: of animal rabies vaccines" prepared by the Rabies Subcommittee of tile National Academy of Sciences and by the National Association of Stat(; Public Health Veterinarians, Inc. (1978); (b) administere, d in accordance with state law; and (c) evid(.nced by a rabies vaccination certificate in a form approved by the State Division of Public Health. 5. "Dog" means a domestic or domest'icaffed menff~er of the family Canidae. 6. "Dog fancier's facility" means a premises where a person owns .5 or more dogs over the age of 4 months, and which is neither a kennel nor a dog musher's facility. 7. "Dog musher's facility" means a premises where a person owns 5 or more dogs over the age of 4 months prin- cipally for the purpose of dog mushing, and which is not a kennel. 8. "Kennel" means a premises where a person owns 4 or more dogs over the age of 4 months in the operation of a business subject to taxation under A.S. 43.70, which business includes the buying, selling, training, boarding or breeding of dogs. 9. "Officer" means a person charged by law with the duty to enforce provisions of this title· 10. "To own" an animal includes having title, keeping, harboring and having custody or control of an animal· 11. "Person" includes indigidual, joint venture, partner- ship, corporation or unincorporated association. 12. "Restrain" means: (a) physical confine~nt, as by leash, chain, fence or building; or (b) under competent voice control when an animal is engaged in an activity or fo~ of training requiring that it not be physically confined; 3-1 or (c) when an alii. m:,]. J;; on the property of its o%.;~,o]-. 13. "Ste~:.i].e" means re~dc]'ed incal~;d.~]_e of rc.l.~-oduct.[on by surgical o~eratJ, on. 14. "V~cious animal" m~.an~: an animal which has bitten or attacked ;~ human }>c~ng without provoc~t]on. 3.05.020 ~p~,,?._]_...Co__n_.L_rf.!.].~_~ff.r_.i_.c_e.: There shall be an Animal Control 0finite %~'l]i. ch, c:--'.ccl~t a.u this title p]'ovido:-: otherwise, shall be th~'; entity responsible for the admin-. ist]:ation off this title. There :~ha].l be in the A~,Jr.,::]. Contrail OffJ. cc ~:n A~,imal Cor. trol Shelter for the keeping of anin~,ls which the Animal Contt'ol Off, ce impounds or otherwise assumes custody of under this title. 3.05.030 Animal Contr,J1 0ff~.cers: There shall be a chief animal control ofiice~: who shall be appoint:ed by the Public Works Director. The Public Works Di[-ector may appoint one or more deputy animal c0nt]:ol officers. 3.05.040 Po~,.~.rs and Duties of An~m31 Control Officcrs: The chief anima~-~ontrol oi'iicer shall administer the Animal Control Office. The chief animal control officer and any deputy animal control officer have the power and duty to: 1. Enforce the provisions of this title in the field and in the case of deputy officers under the supervision of the chief animal control officer; 2. File complaints and ser~e sunm~onses and complaints for violations of this title. 3.05.050 Records: The chief animal control officer shall maintain complete and detailed records of: 1. the issuance and revocation of licenses under this title; 2. all animals brought into the custody of the Animal Control Office by impoundment or otherwise; 3. the disposition of all animals in the custody of the Animal Control Office; 4. reports required by Section 3.30.010 and the Animal Control Office's investigations thereof; 5. investigations of ~iolations of this title; and 6. monies received for fees and charges imposed by this title. The Animal Control Office shall not disclose the identity of a person who adopts an animal from the Animal Control Shelter unless the chief animal control officer determines that the public health, safety or welfare requires the disclosure. 3.05.060 Penalties and Remedies: Except as this section provides otherwise, a person who violates a provision of this title, a term, condition or provision of a license 3-2 3.05.080 Regulations: The chief animal control officer may promulgate regUlatiOnS, necessary and convenient to the administration of this title, including but not limited to: 1. Providing the form of applications, licenses and other documents used in the administration of this title. 2. Providing the form, recording and control of citations to be used under Section 3.05.070, and the form and control of citation books. 3. Declaring exceptions to Section 3.10.050 to allow animals in the street for the purpose of participating in races, shows or other temporary sporting or festive events, and to exclude nonparticipating animals from the vicinity of such events. 4. Establishing fees and charges as authorized by this title. 5. Establishing procedures for offering animals for adoption. 6. Interpreting the provisions of this title. 3-3 issu(:d ]]crc. under, or a City ,'¢:,.ju]a['.Jon I-,ro:tlu].(L. tt(.d under this tit.It shall, u~,,m convJcLiori, be :;ubject to a fine not more titan $].00. In add[ti, on to, or as aD al. tern;,[ irc: to tl~'cr.[minal penalty aforcmcnt.i,)l;~-.d, any }',e~'son vJ(~la[..~ng an,,, of this t. J t].e ~dia].l 1.,e subject to a civil i',cn::].t,, ot not more than $100. Each and eve. fy day Lh.-,L t~u(.]l vir, lat. Jon continucm s;],a].i be.. dc.c..lm.'d a ~]e!~,:ato ~ll'l(] di~;LJncL v.i. oJ. at~on. In addition, a civil Jnjunc[:ion et-te;,?>r: ].y ]:c.~;traJning order may ).)e obtained in o~'dc~- to obtaj n ilRi;ledi.~ltc~ cc,:aplizmc,~ with the }',rov.isions of th~s ch:,r, ter. Th~3 City f:hall sotek an awa~-d of rc)a~o;la!,].o attorney's fees and costs fiG;il tl~c court in prOEt<:LllL.[llg such ;tll action. 3.05.070 ~!~alt.icn P];ocedt!l'e: 1. Au off.i, cc, l' may serve a sumnlons end comp].a:iJ}'~"-].i~-{.i~c' ~}Jrm of a citatJ, on uDon a person for violatJn~3 a provision of this ch,~l;ko.~-, or a term, condition or limitation of a ].iccnse J.~stl~d her~tunder, el a City regulation promulgated under this title. 2. A summons and complaint issued under this section shall contain a notice direct.lng the per:Jell to W]lOm it is issued to appear to ans%-;er Lo i'he charge in the District Court for the Third Judicial District of the State of at Kenai. 3. An officer who issues a summons and complaint under this section shall deposit the orJ. ginal and a copy of the citation with his i~mcdiate superior who shall forward tile citation to the District Court for the Third Judicial District of the State of Alaska at Kenai. Thereafter, tile sunmions and complaint may be disposed of only by official action. 4. A su~ons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the Sta~e of Alaska shall be deemed a lawful complaint for the purpose of prosecuting a violation of this title. hours, an off~ce, r m;~y, n!~)n ]~rosont,~i. ion o£ ])rC,l.,C~r fication, innpect ])]'(H!li:-;ol; %-shore ~l~iln;-~].s i~ro ko} '..to mine wl~el, her the animal:; are b(~i/~,'] kei~L J n c;onq:].Janc,~ ¥.'J. th this title. 2. Where thc ConstJ tukion of I.]~(~ UnJl.,~d Si:ater~ or of tile Statc of A]ask;l so rcqn.i.res, i.h(~ cfi'ici?l: S]l.*l]_ obl.aJll admini~t).-ativc: :;carc-h ¥:arrant auL]~,r~z'in~j nil ins}'~o, ct]c,n and exhibit thc warrant to thc person ii, ch;~?,lo of the before conducting thc insl2cctJon. The o~fi<.'i?r ]-~;'7 nl~j-l.Y to the trial courts of the State of A].,,'~kn to o},i.:~.4n an inr;l~ection warrant, stating in the ap}'~]icat]<m the name and addre:~s inspection, the nature and extent of t. hc inr;i,ectJon, and the facts and circum~:;tances justifying the Jns}.ect]c~n. W~rrm~ts issued ~,nder this section shall b,_,. rel.uvned wlt]-,Jn 10 days. 3. Where the chief animal cont,5ol off.icc:r finds action is necessary to prevent an i~.uaJnent and substl,ntJ_:~l danger to the public health, safety or ~.;o].fa~-(}, ho may authorize an inspection permitted by subsec'..J~n 1 of section to be made without a warrant upon obtaining [ :o prior approval of the City Attorney and City Nanager and either one of their absenc<}s, the Mayor. 4. The chlcf animal cont).ol officer may conduct animal census of the municipality ,~t snob intervals as deems appropriate. The chief aninlal control officer may authorize those who take the census to ~.ccel)t applications for, and to issue, licenses under Chapters 15 and 20 in the field. 3.05.100 Fees: 1. The fee for a kennel, dog fancier's facility or dog musher's fac].lity shall be $5 per dog in the facility, up to a maximum of $25. 2. The fee for a dog license shall be $3 for a sterilized dog and $5 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be $.25. 3. The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees specified in this subsection, provided that if, within 30 days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Office shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any animal. (a) impoundment fee: dog $25; cat $5. (b) boarding fee: dog & cat $3/day; other animal weighing less than 15 pounds $3/day; other animal weighing more than 15 pounds $5/day. The boarding fee also shall include any other costs actually and reasonably incurred' by the Animal Control Office in maintaining the animal, including but not limited to medical care. (c) Any impounded animal which by reason of its size, strength, dangerous propensities or other charac- 3-4 teristic:; cannot rea:;onably 1.)e kept in t]~c, Animal Cont,~l Shelt~r ],~ay be rc~c]. ~l'~cd ul~on l~ayment of an im?-~t~ndnlent fee of $15, I.~lu~ the actual costs r,?asol,i~b.l.y incurred by the Animal Control Of fie,', in 5mj>ounding, trnnsForl"i.~g';'nd kcc,j,ing the animal. 4. The foe for adcl~tJng an mnimnl ~hall col]sJst of a charge of $]0, to de~.~,ty thc cu:"t of v;~ccinating t. be an:il:,al, $10 ant! to help defray the cosL of ~ml,ound.ing and caring for the animal. 3.10 010 ANI,.;~', ¢:I,]~nT_]'?:G A DI~'i:~...,,'~ ..... : No . permit an allima]~'~7'~hich he o¥;i-,s to alii-toy [u]~'hcr I.~Orsoll by interforinrj with the latter's sleep, work or rc;~sonc~ble right to per, ce or privacy by making rope:ired or contlnu~ q noise. 3.10.020 Co;~trol and Con.f_i}_~e..m.~n__t;._o.~f'__A_n_!?t:l_~: 1. n person who r, wns--~{-~CZj'--~.~-~'~-~r'eep' the dog under re.utl:ain[ at all times. 2. A person who owns an i:nimal other thai] a dog thaL is capable of annoying or endar~gering other persons or damaging their prcperty shall keep the animal under restraint at all times. 3. A person %.;1]o owns a vicious animal shall at all times either confine the animal i: a building or a secure enclosure, or otherwise secure th(,. animal, as with a muzzle, so it cannot injure other persons or their pro[~erty. 4. A person who owns a female dog or cat in heat or during ovulat, ion sh31.] keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a female sled dog in heat shall be confined unless it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. 5. No person other than an officer performing his duties under this title may release an animal from restraint without its et-reef's consent, except to preserve the animal's life. 3.10.030 M~intenance and Sanitation: A person who o~s an animal shall maintain all structures, pens and yards where he keeps the animal, and all areas adjacent thereto, in a clean and sanitary condition and free from objectionable odor. 3.10.040 Diseased Animals: No person may sell an animal which the person knows to be diseased, injured or otherwise physically defective withou~ disclosing to the buyer the nature of the disease, injury or defect. 3.10.050 Animals Near Street: No person may tie, stake or otherwise confine an animal within a street, side- 3-5 walk, a].lcy or I~ut~] ic place, or .in such ~ m~u%nc~]~ that the permitted under Section] 3.05.0f~0. 3.10.0(~0 ~?~C~>,._~9_~[~.~.?(~j2: 1. No },ov~;c,;~ ~, "/: (a) intenti~'~a]]Y kill an animal; (b) ~.n~-c~,!-jon~].]y injure, torment, poison, p]fovoke or other'..;~., fibulae an ;~nim;~]; (c) m~ntain an animal, w~.t:hout providing f~,o~:~, w~t~ ~nd adequate to prcserve th~ animal's h~a]t-.~, or ~H~,nd,:~n an animal whe~:u it %.~i!1 not be prov.~ded p~.'~-~[>.-~r food, shelter and care; (d) ma~ntaJ.~ an an:;.],~f,1 show:lng syrf,~.to~.' of an infectious o:,' contagious d.a,;ease w~'ho~t kcc},ing the anim;'.l con~ined in a buildi~]g or secu;',_· enc].os~,~3 ~n~] undc~' proper cave. 2. Subsection 1 of th.;s sectio;'~ d~:s n~t npp!y %0: (;~) impounding, destruction or ot]~er dis. ',f~ition of an animal in a humane manner as authorized by ].aw; (b) kill ~ng o]' an animal where necef;f.~'y to protect a huma~ bring or do~.e:-:- ticated animal from deai.h or bodily injury; (c) the bum;~ne destruction of an animnl by ils owner or thc o%;nc~-'s au~ agent. 3. Animal fighting. (a) no pe~'non may c~,use an animal to fight another animal or human being, whether' for amusement of himself or othe]-s or for financial gain; or (b) train, or keep for the purpose of training, an animal for exhibition in combat with an animal or h~%an being. (c) no person may p~rmit his premises to be used for the purposes described in paragraph 3a of this subsection, or be present as a spectator at an exhibition described in paragraph 3a of this subsection. 4. Accident involving injury to animal. (a) The driver of a vehicle involvcd in an accident resulting in injury an animal shall stop the vehicle as close 2o the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal's ownership is readily ascer%ainable, or info~ the Animal Control Office of the injury if the animal's ownership is not readily ascertainable. (b) A driver shall info~ the appropriate person under paragraph 4a of this subsection of the t~me and location of the accident, a description of the injured animal and the apparent nature of the injury. 3.15.010 LICENSE REQUIRED: No person may operate a kennel, dog fan~fer's ~acility or dog musher's facility without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing Procedure: 1. Application for a license under this chapter sh~l be to the chief animal control officer. The application shall include; (a) the name and address of the applicant; (b) the number and breeds of dogs to be kept in the facility; (c) the type of facility the applicant proposes to operate under the license, and a 3-6 '~ wv descrip[inn o£ t!:o ;,r,~:~o:;Lu-] fac~].ity :;urricicnt tot the ity should be licum'~.,~ as a kmmo]., do9 fallc.~o]3's [~tcility or dog mu:,]u.r's fac.~lity. An al,plic;,Lio;-~ for a ]~ennc. 1 ].Jcense s]~i~l]. J. nc].ud(, a co}5, of liccnso for the Opel. Ct[on of tho konnul and a Eorot,q]~ sale:; tax appl~catic)n or rc,[f~:;tr;tl:ion nunl]3c.17. (d) t'.}~(' ,~ddrc~::: oc the prem~sos v~berc the a~)l',].J(::]~,t prol)o:~(.~ to opc],,tc, undor the licenso, and thn name and proposes to operate, un..],3F tho show the ]()t ].Jnc:~; ;.nd tho ]oc.:tJ. on to op~]7.~to ul~lcr t])o lic~:;l~c, ('{.3Jif~n~,L,_. tl)e p&~Ls of the premirJon on which ()ogs will be kc'i>t, and sI;,,w l'h,., locatJ, o, anfl use of structut:cr~ on adjace:,L loll;. Thc dJagc,',m need license i..e requir, d by Soo[ion 3.03.100; (9) I,rool of cut'rent rabies vacc.i)~a%~on fo~~ each do9 i;~}')k in tho faci]..[iy that is ov,~r the age of 3 ]:~n~]~.;. 2. The Anin~al Co;itrol Office shall, not under hills chapter ho ~n'. person who neg].ecting an animal or cruelty to an aD.[real. 3. Tile Animal Control Office s],;,].! not issue a license under khis chapter unLil it has inspected [.he premix;es where tile applicant propos~'s to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in Section 3.15.050. 4. The Animal Control Ofiice shall prepare a written report of the inspection's findings, including any reason why the proposed facility dc, cs nog meel: the standards set forth in Section 3.15.050 an,] any steps which the applicant may take to make the facility qualify for a license. The ~imal Control Office shall give the applicant a copy of the report. 5. A license i:-;sued under this chapter shall expire on Dece~er 31st of the year in which it is issued. 6. ~ application to renew a license issued under this chapter shall be made at least 30 days after the license expires, and shall be made in the same manner as an appli- cation for a new license, provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility. 7. The applicant shall be info.ed in writing that the application or receipt of the license provided for in this chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough or Stage laws or regulations. 8. The applicant shall agree in writing that the kennel, dog fancier's or dog musher's facility may be inspected by the chief animal control officer or his designee at any time during business hours of the permittee. 3-7 3.]5.0]0 Li¢:.q-::-:~ p:Wc~.,:-."ti,',:~: ]. .TF an in:;p(~¢:tion of a facility ].icoi{".'{;..~i u~i.'l'jr-ti'iil~,S"i::~,:~l~[.~ ~- r(;v,:al:.;: (a) tl~e facility ¢'~.n::tJtut¢", a hea].tl-~ has.;ard; (b) tile facjl..J, ty violat:~:.~i a cit~, or I~orough ,.',:'al}henCe ()!: i-::gulat.i(~n. (c) tl':a c:ity rcgulati(',n ].)ro~u]g~,tod u~c](,l: th J;; t..i.t..Lc. agency may so llotJr',, ~ thc cpc ,",to~. ~f the f,,cilJ, t} ,. staling ,.:.u~ ~:'~ ::,:,_:d y thc in writing tbs stepFi the opc. r:lto,- may t',"' ~:.o violation. 2. The jn~:pect:i,,,l,,: aqency, shall who has been n.:,kifLcd of a violation m~,'?.:,r sub:'c'.' 'ion 1 of this section a rea~o~abJc t.~it;3 n~t ¢~::c~ .:ii.n~l 15 remedy the viol. at~c:n. At the end of ti,~it p:.,'jc, d t:he .insi',~.~cting agency si-tall fei ~ ~ no] ........ the facJ.!ity to ul'tcrmine %~:hr'Lhor the violation h,~s been 3. If after reJ. nspc.(:ti(~;'l t.l;e inF:],.':ct.J, ng agency deturmJ, nes the violation has not bec:-~ cu:'ed, or that nc%.: violations have occurred, the chief animal control officer m;.y con~cnc:e a proceed'in9 to revoke the lic.',~s.u fen: the facility undo,' Section 3.t5.0~0. 3.15. 040 I_Ie_g~q_t~_i._~}.~l.~y_E~p_13Lo..'~_]_._s.. A person aggri, cved by the granting, limiting, conditioning or denyin9 of a lieen.~c under this chapter may, within 15 days of t!te action comp]~.Lued of, apply for a hearin9 before tile chicf ani~.}a] control officer or his designee. Upon timely al.~plJ, cation under this subsection, the chief animal control officer or his designee shall hold a hearing to determine whether the license should be granted, conditioned, limited or denied. The person aggrieved may appeal the decision of Lhe chief animal control officer to the City Council within 30 days whose decision shall be final. Before revoking a license under this chapter the chief animal control officer or his designee shall hold a hearing to dr:termine whether the license should bo revoked. The party aggrieved may appeal to the City Council within 30 days of the decision whose decision shall be final. 3.15.050 Standards For Operatinq Facility: In operating a kennel, dog fancier's facility or dog musher's facility the operator shall: 1. Comply with the provisions of this title, the terms, conditions and limitations of any license issued hereunder and any city regulations promulgated under this title. 2. Provide shelter adequate to preserve the health of the animals kepE in the facility. 3. Maintain the facility in a sanitary condition. 4. Provide for the adequate care and feeding of animals kept in the facility. 5. Design and equip the facility so as to keep all animals on the premises. 3-8 which is n:~re an,i l~c.,[:.h for the 7. Ma.]nl:ai~, l.h~. fncJ..l il~. in hi,'"., a ri~n.: .v t.h;l~ J.t- doe.: its vJ cJnSty. 3.20.010 I,:1 ('1':; [:; "h3 P ~';(',],; 1. :t! '"): A .';]~a].]. o].,t;~i~ a dog l'i. cv.n:.~e for chapter. 3.20.020 LJcr, n:::.~/, Pr(,c:-,'!'~'re: 1 Al,l,].i':;:{-5or, fo:r a dog 1.]c0nsc shall bct,) thc cJiJ.(:. 4~31~Zi2 (3013',.','r~3. officer. The application sh:~3]. Jnc:].~c]o: (a) tl)e the owner of the ~'~ '3; (b) th~-, na~me, l.)rc:.e<], sex of the dog; (c) },~'oof ti,at the dog vaccinatJ, on; (d) tl~e ].icen~:. fcc requJ>:(.,] by Section 3.05.100; (e) written proof l:]~at the dog is steri"/', if thc: owner seeks to qualify for the re/~uc.?d lic(-~sc, fcc unr]~r Sect].on 3.05.100(2) . 2. A dog license shall expire on Decemb~r 31st each year. 3. An application to rcne¥; a license issued under this chapter shall be made at le;.~s[ 30 days before the license expires, and shall be made i.n tla0 same manner as an application for a new license. 3.20.030 ..D.og. License Taqs and Recei?t_s: For each dog licensed under this chapter, the Animal Control Office shall issue the owner a numbered receipt and a tag stan'.ped with an identification number. To be licensed under this chapter, a dog must bear a license tag securely fastened to its choke chain, cc!lar or harness, provided that the dog need not bear the tag while confined, in harness, in competition, in training or while hunting. No person may use a dog license tag or receipt for a dog other than the one for which it was issued. 3.20.040 Issuance of Licenses: The chief animal control officer may permit the submission of applications for licenses, and the issuance of licenses, under this chapter by mail. 3.20.050 Exemptions: Section 3.20.010 does not apply: 1. To a person who does not maintain a permanent residence in the City of Kenai when that person owns a dog for no more than 30 days. 2. To a person who presently has resided in the city for no more than 30 consecutive days. 3. To a person who does not maintain a permanent residence in the city when that person owns dogs for dog 3-9 ~Ol~ll~o~tr~, dog m0~sJlc~r"s upon proc)[' tliat ~, 'l'O a dog. 3.25.0].0 I;4]'( i:::i)~ ,~:;,~' (q~ ]~l]'gr,; ~llld (b) ~ dog llOt by [1('ct.; c,~ 3.20.0 ~0. 2. W]]o]'~ (J~ o['[~r'r',' .].ncc: ;'~:] ~'~'::::3 .... ~ mcnt and tl~c, (~ffJ. c/,: ],no%.';s thc animal. 3. A:l officer r.;ay in the~ cou:..,: of ei[ccting 3.25. 020 Procc ('{[[ .:%._?~_!./i,.!_~_.'.I~!!:!!.,_?~.~)l.i~:.n.t_.: An officer shall take an aninial that l,e has J.i:~,~u.~dt:('t J.o thc, AriJ.,~al Control Shelter where the animal shall l)c~ confined in a hum;,ne manner for a per~od ]~oL less than th, t [,rcsc.cibed ia Section 3.25. 030. I]~edJately upon receiving an impounded animal, the ~imal Control Shelter shall make a reasonable effort to notify the animal's owner of the impoundment and the conditions ~der which the owner may recover the animal. The Animal Control Office may file a complaint against the owner of an animal impounded for creating a disturbance or being at large. 3.25.030 Minimum Term of Impoundment: Unless it is subject to redemption and is soo~er redeemed by its owner pursuant to Section 3.25.040, a dog bearing a license tag as required by Section 3.20.030 shall be impounded for not less than 120 hours, and any other animal shall be impounded for not less than 72 hours, provided that an impounded feral animal endangering Animal Control Shelter personnel may be destroyed forthwith. 3.25.040 Rgdemption of Impounded Animal: Subject to subsection 2 of this section, the owner may redeem an impounded animal upon proving his compliance as to that animal with the applicable licensing requirements of Chapter 15 or 20, and paying the applicable impoundment fees set forth in Section 3.05.100. The following animals shall not be subject to redemption: 1. an animal that, in the judgment of a licensed 3-10 3.25.0.%0 Av.,il.'~l~itJ!"' !'~' ".,,!',;,',.;,,n: .1.. /..L" Lh¢-. Eurth~r i'.~.ri~d ~f ;n.pom/l" ,.~ ,;;; ~,, c1~,.~ ,~.';' adopt:i,,n. 8nJ.m;~] r::)nkrr:.'i, f,l ?ic.'"; (1,) ~,li ;~,~;~' ' Ll,.'f.. irt ~uri~¢ilic:[io~J ~c¢ 1,,. vici,m:.; (~J) an ,'~.; ,..1. f.~ .L adop[i, on~ and thc, ],,'o::.:d..:~- [,,~ r;c~.':c: ;n9 t.hc i": adopL a pa~tict~;.,..r 3.25.060 /'3.r.]c.?,;: i,wL ........ t>rr,,'-','~;:,". : A impound,..'l animal sj;i,]J ]¢~;y ~,:: ;.,[ ,j.~[ ;.t';,:~ the cost of impc,~,,dJng and c:aring for t]te with Section 3.05.100. A person ado]H;.].n~ an an.lit, al sba:I! co~,f, ly with licensing requirements of Chal~ter 15 ct 20 as thc'/ apply to that animal. The chief ~,nimal control officer mdy require by rog that no impounded cat o]: dog may be adopted unle~;s the animal has been spayed or neutered. If spaying or neutering is required under khis subsection and is necessary at the time of the dog's or cat's adoption, the spaying or neutering of the animal shall be done at tile prospective owner's expense. 3.25.070 Disposition of Animals Not Made Availatq. e For Adoption: An impounded anima£ that is the subje~t'-~f a he--~g or appeal pursuant to Section 3.25.080 or criminal proceedings before a court of competent jurisdiction shall be held in the Animal Control Shelter pending a final decision and any appeals from that decision. An animal other than one described in subsection 1 of this section that is not subject to redemption, and for any of the reasons stated in Section 3.25.050(2) a-c is not being held for adoption, may be disposed of in a humane man.er o 3.25.080 ~ring~--Appeals: 1. A person who owns an impotulded animal, who is not the subject of criminal proceed- ings related to the impoundment of that animal and who cannot redeem the animal because: (a) the animal is not 3-11 by ehe City Correct! may be final. 3.25.090 Protective finds it is necem~;ary that-a}'l-~nl, mal not :;ubj¢ct to ir.;~ound.- meat be taken into the cusLody of the Anilaa]. Cc.)aLto]. Sh,.:!ter to preserve the animal's health or safety, the officer may take the animal into protective custody. 2. The Animal Control Shelter shall maintain an animal in pro~ective custody until the ani:':al J.s re. deemed by its owner, or for a minimum of 10 days, after which time the animal may be disposed of as an imi,ounded animal. 3. The owner of an animal in ;.roLective custody may redeem the animal upon demand, without pa~ing an impoundment fee, upon payment of a boarding fee as prr,'zJded in Sc;orion 3.05.100(3)b or (3)c. 4. A person who owns an animal taken into protect]ve custody and disposed of as an impounded animal may obtain a review of that disposition as provided in Section 3.25.080. 3.25.100 Interference With Officer or Em~o~: No person may interfere with hinder ~-~' ~01eSt an ~ficer or Animal Control Shelter employee in performing a duty under this title. ~o p~rson may release or attempt to release an animal from the custody of an officer or the Animal Control Shelter. 3-12 i 3.30.05:rl l~: ;}-. 1', :,',"~ o5 ;,:,;'" 1::: un(lc~¢ Scc'l;'io~ 3.30.Ui.(), o: ol.i~..',:,'ir. Il the a...;.: u]. is r~ot: .,'crt ' 'v"~,! ~:{'~:.,, t]~.. ii,pause]:,., l.;. ]',;'ovid._ I ]eX' :'' .-L.i¢.~ ".25.0: 3, Ih,. ch;, 5' ;.,~', ', ~ildor stlLr',xct-;oi~ 3 of Li,Sr; u(...:::.io~. shall be (;t~a~antLn"d azi p:rr, vj_dl0,] in be quarantinc(i as p)-ov: cd in Sot:Lion '~.30.030. 3. ~en al~ allilnal llas bCCl~ c]J. acj~los;c~ licensed veterinarian suspect:~ the animal is rabid, ~limal Control Office s]lal], so notify the Depi, rki~K.,llt of }lealth and ?lelfarc. 4. An unvaccJ, nat:ed animal the': ha;. been bit. ten by an animal diagnosed as rabid shall be dest.royed i~nediat:cly. If a bitten animal has a current rabies w, eoinatim~, the animal shall be revaccinated i~ediately and quarantined as provided in Section 3.30.030(2) and 3 for 30 days. 5. ~xecpt as this chapter provides otherwise, no person may kill a rabid animal or an animal subject quarantine under this chapter, except to defend a hum:.n being from death or bodily injury. 6. The carcass of an animal suspected of being infected with rabies shall upon demand be surrendered to the State Department of Ilcalth and Iqelfare. 3.30. 030 Quarantine of Individual Animal: 1. Subject to Section 3.30.020, an animal that has bitten by puncturing or breaking the skin of a person shall be quarantined i~ediately. The chief animal control officer shall c.:termine the duration of the quarantine of the animal, but that duration shall not b~ less than 10 days nor more than 14 days. 2. Conditions of quarantine: (a) subject to subsections 2b through 2d of this section, while an animal is quarantined, its otqner shall confine the animal indoors or in a secure enclosure so that it cannot leave his premises, or come 3-13 ,O ~aken o,~'.,:I,..-~.~ f'~ I~., ;,.l' !..,~'j~.i t,~ ro.li,v,;~ i!:u:lF~ 'Yho all.iL:,.ll IlL" I~.. 'cc'~., I , ..~' ~'~jl.l.' ii';' F'~:,.,,:-~. ~"':..!~1. J~,~l." vcLerJ~;'~"v hen :.i~-rl. ot 1-.',~',~$n9 k,_',.~u:] oF I~ "' ' ' -;.. { .~',']l(J]' I :., J.;: ~-L'-'i-':~V~ ti~(~ ,,~,~.':..~ ['i':'-' ](.;:1'i~ (; t~ ~ ,~ ~::'.. ~"" ~I.L.:'~ a ]]~.,:-u] t , ~:'"{ il:o' ;;:~' :{.:~ ' ' ' · - ..,, . , ('C:,. ~'.i al ,~..,.F : l',',) 2 .[..L.,~J~: ' i'ly SI.,U~C: ;:,]{ ~.-:,' (,f t~,~ ;,]_,. '.~' WI,-. '... ::: ;'.] ~{":, .i~_: [:.:: .':; ] .dl. 'r, , -". ~ .... , ~' ~]'.: ':' all('.' '::',~.~...,,~.~. ~. f]'t C,..C,J (k~U i2 '[n:(:c" · v.'.i~]~ 'Fa;.'..-. }'r:r ~b;:-; } u.:;,'-:: :'t " :~:...:;: der"[ ' ' .., ....... ' · ~ · '' ~.,. f:l: ,~. pOFSon 'i~] ])O~:Sc.:. ;~.:. ,.-. II:.:'~ o.. ;;,.j ..t,.~,~ (ff,~, In',.',.: ~- t ]2::~, .-,..,, ;: in [lie [lo~ duril,q Jtr; ~..,.-:-;t,.:' c.'~ c~4~[.ii~.,. ,~I: ~,~(~ ~:ha]..I. l'z~.- deliver its ca:-c,:~;:: Lo tb~: o~.?:op~.[a::c, , "' " J.n the of t]~ animal's c ~,h during thc ~,z. ]:~?:.-~oc~. (b) No per,:on may release an anii:;c! fro]n cju:.~antinc vzJ. khouL t],c. wr.itt, n COnSel~t of the chic.: animal conLrol c,I:2Jccr. ']'h(: ~]imat Control Of/' i(:,: .' may zcqu~re that an an.~,.:a! be inspecLed before releacin9 iL from qu3rar, tine. (c) No perm:;n may remove a quarantined animal from thc c.: ':y wJth,.mL nokJ fyin~I the chief animal co~it]-ol officer in writing at least hours before the ' '- ~ , ,-. ln~en,.ad removal and cb~dJnJ, ng the written consent of the chief animal control officer to tho removal. (d) The chief animal control officer may direct tha~ a quarantined animal be confined at the Animal Control Shelter. 3. The o~mer of a quar;."~tined animal shall bear the expense of keeping the animal while it is quarantined, wherever it is kept and whether thc location of its quarantine is selected by its owner or directed by the chief animal control officer. When a quarantined animal is kept at the aimal Control Shelter, ~he owner shall be charged for its upkeep in accordance with Section 3.05.100(3)b or 3.30.040 Areawide Quarantine: 1. When the City Manager finds that an animal in the city has been positively diagnosed as infecked with rabies, the Mayor may declare an areawide rabies quarantine for a period of 30 days. 2. During an areawide quarantine every animal shall be confined in accordance with Section 3.30.030. No animal subject to areawide quarantine may be removed from the city without tile written permission of the Mayor or his designee. 3. If additional positively diagnosed cases of rabies occur during the areawide quarantine period, the Mayor may extend the duration of the areawide quarantine for up to an additional 6 months. 3-14 proc:l,,!,.t:,t[,.:,~ ::]~:tl] b.:, ]:~ll.t..._l 1,':.: I~,~. I'~)l.ic.... t~l.' elliS!,;1 own a dog ...... raj)Les Vi~CCJ. I:.',~;jOII CI l~i ~ J'.i.,':ilJC. ~(,.'1;, ;: ;i" .... . ' , "' .l~l]',..'.~:,:~: (a) Div.;s_i. on t .[ ]'ub.kJc Ii. 'iJ.:,i, ill 1.]'ii J ;.(: t... ' nal.~, a~,: , ac>:, br,.cd ;;,;.' c~lc:,~ off ;h. :.,,1.;;.,~.1 (c) kh,'y o[ ~1~0 i,..-.'.:i~'lk.l.on; (J) [.t,.-, [5'~,;.' c;$ v~,(-<'J.i;. thc ]IL:~'? ali{] ~;'qnntu",: Of rite: v~:i' ',.'~;~.~:i"h })c~ COLL:.~nq thc' 2. fi'he vetcrina:,'Jcm shall give tl~e o: '[,_,i,.al c..,;,y of second copy. 3. Thc ckty may sul,l~.y licc,:;~;<2 v: fcz'mr~ der;crJ.}>ed in subu~c',ion ] of thin 3.30.070 Use of ]'ol..qe, Certlfic:.i'~...-', P*c],.LJ';it:.d: No person may J. ss~l,'.: o~: tral..:;(,, i: a c{;::til[.i, cz, t,. ~r l'eccl, l~t for a rabies in~-::unJ, zation wh,:re the p~-~r ';n kno~; that no such ianunization has been adm.knisl:er,:J. NO persoll may procllre, reccive, use or atten-tFt to use a certificate for a rabies in~m nizatScn as proc," of the i~unization for any animal et;, :r than that for whO. ch the ~ertificate or receipt was 5ssued. 3.30.080 Annual Rabies Vaccination CJinic: At least annually the Animal Control Office shall assure that a rabies vaccination clinic is held at which vaccinations shall be available. 3-15 CITY OF KENAI ORDINANCE NO. 510-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "CITY ADMINISTRATION BUILDING" AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN SUCH FUND BY $50,000. WHEREAS, the City has received a grant from the State of Alaska, Department of Community and Regional Affairs to develop a conceptual plan for a new city administration building, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a Capital Project Fund entitled "City Administration Building" be established, and estimated revenues and appropriations in such fund be increased as follows: Increase Estimated'Revenues: State Grants $50,000 Increase Appropriations: Architectural Engineering A~ministration $49,000 1,000 $50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: Sue C. Peter, city Cl~rk First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: July 5, 1979 VINCENT O'REILLY, MAYOR Approved by Finance:('~ , CITY OF KENAI ORDINANCE NO. 511-79 AN ORDINANCE OF TIIE COUNCIL OF TIIE CITY OF KENAI, ~ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN TIlE CAPITAL PROJECT FUND ENTITLED "REDOUBT WAY PAVING." WHEREAS, the Redoubt Way Paving Capital Project is now complete, and WHEREAS, certain line items, as well as the total project, have incurred cost overruns for which appropriations should be made, 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 Capital Project Fund entitled "Redoubt Way Paving" be made: Increase Estimated Revenues: Contribution from Fund Balance, 1974 Refunded Bond Issue (Streets) $1,658 Increase Appropriations: Engineering Construction $ 305 1,353 ,658 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Cl~rk Approved by Finance: First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: July 5, 1979 'CITY OF KENAI RESOLUTION NO 79-90 )A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE RADIO MAINTENANCE CONTRACT FOR THE MAINTENANCE OF THE RADIOS, INTRAC §YSTEM, DICTAPHOIIES AND PAGERS OF THE CITY OF KENAI~FOR THE FISCAL YEAR 1979-1980 WHEREAS, the following bids were received for radio maintenance: BIDDER BID PRICE Southcentral Communications Motorola $ 879.75 per month $1,021.25 per month and, WHEREAS, the bid from Southcentral Communications was less than the bid from Motorola for the same maintenance work. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the radio maintenance contract be awarded to Southcentral Communications for $879.75 per month. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20fhday of June 1979. VINCENT O"RE'ILLYI, MAYOR ATTEST Sue C Peter, City Clerk Approved by Finance m~ CITY OF KENAI RESOLUTION NO 79-91 A RESOLUTION OF TIlE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT FROM THE STATE OF ALASKA IN lite AMOUNT OF $50,000 FOR A DESIGN STUDY FOR A CITY HALL COMPLEX. WHEREAS, the State of Alaska, Department of Comnunity and Regional Affairs, has authorized a grant for development of a conceptual plan for a new city administration building, and WHEREAS, the State of Alaska has tendered an offer of $50,000 for 100 percent funding of the City of Kenai application for this study. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant of $50,000 by the State of Alaska be hereby accepted and authorization for the City Manager to execute the contract documents is granted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of June 1979. ATTEST VINCENT O'REILLY, MAYOR Sue C Peter, City Cl'erk Approved by Finance Director CONTRACT FOR SERVICES THIS AGREEMENT, entered into as of this day of 1979, by and between the CITY OF KENAI (herein called the '~ontractor"), and the DEPARTMENT OF COIIIUNITY AND REGIONAL AFFAIRS (herein called the "Department"), WITNESSETH TNAT: WHEREAS the Department desires to engage the Contractor to render certain technical or professional services hereafter described in con- nection with an undertaking which is expected to be partially financed by a grant from the National Oceanic and Atmospheric Administration of the United States Department of Commerce under Section 308(b)(5){B) of the National Coastal Zone Management Act of 1972 as amended; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. ~loyment of Contractor. The Department hereby agrees to engage the ContractOr and the Contractor hereby agrees to perform the services hereinafter set forth. 2. Scope of. ser~ltces, ia) The eontractor shall do, perform, and carry out in a satiSfaCtorY and proper manner, as determined by the Oepartment, the scope of services described in Appendix AF 3. Personnel. ia) The Contractor represents that he'has or will secure at h'ig own expense all personnel required in performing the services under this contract. Such personnel shall not be employees of or have any contractual relationship with the 0epartment. (b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. (c) None of the work or services covered by the contract shall be subcontracted without the prior written approval of the Department. 4. Time of Performance. The services of the Contractor are to commence as soon as practicable after the execution of this contract and shall be undertaken and completed in such sequence as to assure their expeditious completion in the light of the purposes of this contract, but in any event all of the services required hereunder shall be com- pleted by May 31, lgSO. The period of performance may be extended for additional periods by the mutual written agreement of the parties herein. $. ~pppensatton. The Department agrees to compensate or reim- burse the Contractor the sum of $50,000 for the satisfactory perfurmance of services in the completion of the work program described in this contract. Page I of 7 Any travel or perdiem required for the completion of the project will be reimbursed in accordance with established municipal policy, but not to exceed the General Government Bargaining Unit State rate. Written authority must be obtained from the Department for all out-of-State travel. The contractor agrees to keep a record of expenses ~or travel and subsistence, which shall be open to inspection by the Department. 6. Method of Payment. The Department will pay to the Contractor the amount or amounts set forth in paragraph 5, which shall constitute full and complete compensation for the Contractor's professional services hereunder. Such sum will be paid in the following manner, in every case subject to receipt of a requisition for payment and a progress report from the Contractor specifying that he has performed the work under this contract and that he is entitled to receive the amount requisitioned. All expenditures incurred against the contract must have recorded docu- mentation, and such documentation shall be made available to the Depart- ment upon request. Payment will be reimbursable and made on the basis of work com- pleted. Certified billings may be submitted to the Department monthly. Such billings shall reflect the total costs to date, less l0 percent of the amount eligible for payme~,t by the Department. The billing shall be itemized by category of expense claime~, which itemization shall reflect total project costs incurred. A sum of $$,000 or approximately l0 percent of the amount of compensation set in paragraph 5 shall be retained, in the manner described above, until the services have satisfactorily been completed, as determined by the Department. Final billing for work performed under this contract will be sub- mitted to the Department no later than 60 days after the contract 'completion date specified in paragraph 4. It is expressly understood and agreed that in no event will the total compensation and reimbursement on the part of the Department, if any, to be paid hereunder exceed the maximum sum of $50,000. 7. Termination of Contract for Cause. If, through any cause, the Contractor shall fail to fulfill in timely' and proper manner his obli- gations under this contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this contract, the Depart- ment shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished docu- ments, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this contract shall, at the option of the Department, become its property, and the Contractor shall be entitled to receive Just and equitable compensation for any sattsfactory work completed on such documents and materials. Page 2 of 7 Notwithstanding the above, the Contractor shall not be relieved of any liability to the Department for damages sustained by the Department by virtue of any breech of the contract by the Contractor, and the Department may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages d~e the De- partment from the Contractor is determined. B. Termination for Convenience of Department. The Department may terminate this contract at any time by giving written notice to the Contractor of such termination and specifying the effective date there- of, at least fifteen days before the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in paragraph 7 above shall, at the option of the Department, become its property. If the contract is terminated by the Department as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed less payments of compensation previously made: provided, howevec, that if less than 60 percent of the services covered by this Icontract have been performed upon the effective date of such termination, the Contractor shall be reimbursed {in addition to the above payment) for that portion of the actual out-of-pocket expenses (not otherwise reimbursed under this contract) incurred by the Contractor during the contract period whtch.:are[~itecotly attributable to the~uncompleted portion of the services covered b~.this contract. If this contract is terminated due to the fault of the Contractor, paragraph 7 hereof relative to termination shall apply. ~ - 9. Changes. From time to time, either party may propose changes in the scope'of services of the contract to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor's compensation, which are mutually agreed upon by and between the Department and the Contractor, shall be incorporated in written amendments to this contract. ~ 10. Revision of Estimated Project Budget. The Contractor shall request prl°r approval from the Oepartme'nt of any revision in the estimated project budget which results in a line item change exceeding S%of that line item. In accordance with the Office of Management and Budget Circular A- 'lOg (formerly FMC 74-7) Attachment K, cumulative adjustments exceeding $% of the grant budget of $$0,000w.ill require federal approval. 11. Equal Employment Opportunity. (a) The Contractor will'not discriminate against any employee or a~plicant for employment because of race, color, religion, sex, or national origin. The Contractor shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotions, or transfers; recruitment or recruitment advertising; layoffs or termin- ations; rates of pay or other forms of compensation; selection for Pag? 3 of 7 training, including apprenticeship; and participating in recreational and educational activities. The Contractor agrees to post, in conspicuous places available for employees and applicants for employment, notices to be provided setting forth the provisions of this non-discrim4nation clause. The Contractor, will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. The Contractor will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions will be binding upon each subcontractor provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. (b) The Contractor shall keep such records and submit such reports concerning the racial and ethnic origin of applicants for employment and employees as the Department may require. (c) The Contractor agrees to comply with such rules, regulations, or guidelines as the Department may issue to implement these requirements. 12. I~nterest of Members of DepaKtment and Others. No officer, member, or emploYee of the Department a. nd no members of its governing body, and no other public official of the governing body of the locality or localities in which the project is situated or being c~rried out who exercise any functions or responsibilities in the review or approval of the undertaking or carrying out of this project shall parti~ipate in any decision relating to this contract which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly, interested or having any personal or pecuniary interest, direct or indirect, in this contract or the proceeds thereof. 13. 'Assignability. The Contractor shall not assign any interest in this contract and shall not transfer any interest in the same (whether by assignment or notation) without the prior written consent of the Department thereto: provided, however, that claims for money due or to become due to the Contractor from the Department under this contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the Department. 14. Interest of Contractor. The'Contractor covenants that he presently haS'ho interest'and Shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the perfor-. mance of services required to be performed under this contract. The Contractor further covenants that in the performance of this contract, no person having any such interest shall be employed. , Page 4 of 7 ! 15. Findings Confidential. Any reports, information, data, etc., given to oF p~aF~'d-ot assembled by the Contractor under this contract which the Department requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the Department. 16. Officials Iiot to Benefit. No Members of or Delegate to the Congress of 'the Un'i~ed States of"A~erica and no Resident Commissioner shall be admitted to any share or part hereof or to any benefit to arise herefrom. No member of the Legislature or officer of-the State of Alaska shall be admitted to any share or part hereof or to any benefit to arise herefrom. 17. Identification of Documents. All reports, maps, and other documents Completed as a part of thi~ contract, other than documents exclusively for internal use within the Department, shall carry the official logo of the Alaska Coastal Management Program and the following notation on the front cover or a title page (or in' the case of maps, in the same block) containing the name of the Department: "The preparation of this (report, map, document, etc.) was financed in part by funds from the Alaska Coastal Management Program and the Offtlce of Coastal Zone Management, Natio~nal Oceanic and Atmospheric Administration, U.S. Department of Comnil)rce, administered by the Div- ision of Community Planning, Department of Community and R.egional Affairs." 18. Publication, Reproduction, and Use of Ilaterials. ~material produced, th ~hole or"in part, bndelr ~his cOntraCt 'shall--be subject to copyright in the United States or in any other country. The Department shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or i.n part, any reports, data, or other materials prepared under this contract. 19. Audits and Inspections. At any time during normal business hours and asl'often as the OePar-t~ent and/or the Comptroller General of the United States may deem necessary, there shall be made available to the Oepartment and/or representatives of the Comptroller General for examination all of its records with respect to all matters covered by this contract and will permit the Department and/or representatives of the Comptroller General to audit, examine, and make excerpts or trans- cripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records or personnel, conditions of employment, and other data relating to all matters covered by this contract. 20. Project Monitoring and Reporting. The project will be mon- itored by the Department. ~f COmmunit~ and Regional Affairs. Progress reports will be submitted to the Department as a prerequisite to reim- bursement and will provide the following information: activities completed to date; activities planned for the next reporting period; comparison of completed activities to total project work. Page 5 of 7 ' 21. Federal Grant Conditions Ap.j)ltcable. The Contractor agrees to be boun~by Standard Terms and Con~ttton~-A, through "S" (attached as Appendfx B) of the federal grant from which these contract funds are made available. While.every attempt has been made to accuFately tnclude federal requirements tn paragraphs 1 through 19 above, any conflict or ommissfon between the above paragraphs and the federal conditions will be resolved tn favor of the federal requirements. Sepcfftc attention ts directed to Standard Terms E, "Allowable Cost;" F, "grantee Financial Management System;" It, "Thtrd Party Participation;" and K, "Access to Records and Right to Audit." IN WITNESS WHEREOF, the Department and the Contractor have executed this agreement as of the day first above~n~ttten. CONT~CTOR Date: Title ' STATE OF ALASKA DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS Co~itsstoner Date: Page $ of 7 APPENDIX A SCOPES OF SERVICES '~'To assist the municipality In Improving the level of service expected to be required by a rapidly growing population, the eontractor will carry out a needs assessment and develop a conceptual plan for a new city administration building', It is anticipated, that in meeting the terms of this contract, the contractor will retain the service of an architectural/planning consultant who will as a minimum: i) assess city needs for additional space and better space utilization; 2} analyze suitable building sites; 3}' carry out sufficient soils testing to provlde a basis for recommendations; #) develop line drawtngs and architectural renderlngs of the recommended faculty; 5} develop cost estimates of the facilities with alternate additions or deductions as appropriate; and 6) prepare and print a simple leaflet Incorporating the above Information suitable for generating voter Interest and support if the municipal adminis- tration elects to proceed with the project. ~ ._~ In addltion to the leaflet referred to in Item 6 above, the finished product will Include a complete report presenting the studies carried out and providing details of recommendations for Coun.cll consideration. Ten copies of the report and leaflet will be provided the Department at the conclusion of the work (this requirement Includes the three copies specified In Paragraph N of Appendix B). Estimated Project Budget ,au-chitecturai/Planning Consultant Fee Municipal Administ~atton of Project TOTAL $fi9,000 i,ooo. -S5o, ooo Page 7 of 7 CITY OF KENAI RESOLUTION NO. 79-92 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE CAPITAL PROJECT FUND ENTITLED "STREET IMPROVEMENTS": From: Airport Way Realignment-Contingency ($3,370) To: Airport Way Realignment-Engineering $3,370 This transfer provides monies to pay the Wince, Corthell, Bryson & Freas invoice of May 5, 1979. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of June, 1979. ATTEST: Sue C. Peter, City Clerk Approved by Finance: ~ VINCENT O'REILLY, MAYOR CITY OF KENAI RESOLUTION NO 79-93 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI,ALASKAESTABLISHING THE LOCAL ROADS AND TRAILS PROGRAM FOR 1979, 1980 AND 1981. WHEREAS, the State of Alaska, Department of Transportation and Public Facilities desires an annual update of the three year program for the City Local Roads and Trails Program, and WHEREAS, the program (project) proposed herein will serve the greater needs of the City, an~ WHEREAS,~'~he present allocation of $175,55~r~ $142,076 has been assigned to LSR&T, LPW812203, leaving $33,479 availabl~ for future use, and WHEREAS, as of July 1, lg7g, an additional $33,479 will be available. Thus a total sum of $66,958 will be available as of July 1, 1979. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: 1) lg)g-Program-$60,O00 is allocated to the installation of luminaries on Willow Street (24 SC-2532 SOS-l) (019) on approval by the City of bids received by the State of Alaska DOT/PF for upgrading Willow Street. 2) lg80-Program-paving and installation of drainage on Tinker Lane-Lawton-Roger Street in conjunction with SOS project and a local assessment district. 3) 1981-Program-paving and installation of drainage Frontage Road, Lake to Main Street in conjuctton with SOS project and a local assessment drive. BE IT FURTHER RESOLVED THAT on approval of bids by the City for luminaries 1979 program in as much as the sixty thousand dollars ($60,000) allocated for this program will be less than the total cost to the City of the project said funds shall be automatically applied to the Willow Street Upgrading Project (245C-2532-S0S-1) (019) without luther action by the City. PASSED BY THE COUNCIL OF THE CITY OF rENAl, ALASKA this 20th day of June 1979. ATTEST i/1NCENT O'REILLY, MAYOR Sue C Peter, City Clerk CITY OF KENAI RESOLUTION NO 79-95 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALAS~ THA~ THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE FOLLOWING LPW CAPITAL PROJECT FUNDS: AIRPORT PHASE I AND II (LOOP_) From To OTHER ENGINEERING ($1,106) CONSTRUCTION $1,106 This transfer is needed to provide funds in the proper line item to close out the project per final pa~nnents approved by Council. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 20th day of June 1979. VINCENT O'REILLY, MAYOR ATTEST: Sue C peter, City Clerk Approved by Finance Director, ~,, CITY OF KENAI RESOLUTION NO 79-96 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA TII~T THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE STATE JAIL CONTRACT SPECIAL REVENUE FUND 1978-1979 BUDGET: From To OPERATING SUPPL I ES ($2,1oo) BUILDINGS $2,100 This transfer provides monies for insulation to be installed around the jail facility. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of June 1979 ATTEST: VINCENT O'REILLY, MAYOR Sue C Peter, City Clerk Approved by Finance ~mc~' CITY OF KENA! RESOLUTION NO 7g-97 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING JANITORIAL CONTRACTS FOR THE POLICE DEPARTMENT, LIBRARY AND AIRPORT TERMINAL FOR THE PERIOD OF JULY 1, 1979 to JUNE 30. 1980. WHEREAS, bids were received on May 31, 1979 for the contract year July I, 1979 to June 30, 1980 as follows: LIBRARY POLICE DEPARTMENT TERMINAL CLEAN RITE JANITORIAL 7 ¢ 11 ¢ no bid LARRY ELLIS 9.8¢ 9.3 ¢ no bid BEAVER JANITORIAL & MTNC .. .8.7¢ 12.75¢ 33~ BUSY BEE 7 ¢ 10 ~ 24¢ SERVICE MASTER 8 ~ 11.9 ¢ 27.7¢ A-1 7.2¢ 10.75 no bid WHEREAS, these bids translate per year as follows: LIBRARY POLICE DEPARtmENT TERMINAL CLEAN RITE JANITORIAL $4,200.00P $2,952.84 U~RRY ELLIS $5,880.00 $2,500.00' BEAVER JANITORIAL & MTNC $5,220.00 $3,422.61 *$35,640.00 BUSY BEE $4,200.00~ $2,700.0Q $25,920.00 SERVICE ItASTER $4,800.00 $3,194.44 $29,916.00 A-1 $4,560.00 $3,125.64 *providing supplies WHEREAS, the Council has considered the experience of all bidders in arriving at a determination of award in the best interests of the City. NOW. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF THE CITY OF ~EN~I, ALASY~'t~at the contract be awarded to Service Master for ~he~er square foot, Police Department 11.9¢ per square foot and ~of~_~rmtnal Z7,7¢ per square foot. PASSED BY TiE COUNCIL OF THE CITY OF ICEMAI, ALASKA THIS 20th day of June 1979. ATTEST: Sue C Peter, City Clerk VINCENT O'REILLY, MAYOR .. HARTJE'S COMPLETE JANITORIAL SERVICES Pink Wittleoool '-. .Oity~a~mger Eeaat, Alaska 99~11 Dea~ P/n~Wittlooool~ L~sra ,,'re=me Stephens 306 "H" ~fl'eet, Bakersfield, California 93304 " Telephone [~05) 322-53'!7 ~e 14, 1979 It 'pleases me to send a reference in reguards to Naaoy O~ry and James Stephens. In there ~ime ~ emplO~ent X 'was ve~ s~'~isified ~th ~heir output o~ work~ 8~% of the Jobs o~raoted, ' on~ average of They wore a very reliable couple ~d wo~e on their o~ ......... . _* ; ::[ -. -~e Stephea~ t~e of emplo~ ~ae ~em ~vember ~ - O~be~ ~78. There r~son for ~ loager bei~ employe~ for ~tJe', was reee~ablis~mg their re~ideaoe in Alsek. .. - .. ~th ~ ah~ J~es were ~llliag to ~ ~y Jeb as~ of them ~ '~ae it e~re~ly well. They e~e. depe~bl~,~d ~er~ag ~d ve~ trust eert~. Thr~ their time of ~pl~ I relieved ~n ~re t~ e~ oooamion approvals on their york well ~. la ~ spleen tMa couple ;~' ~"~'"" ~uld:_..~. a ~eat a,et ~ ~ emp~yer, .... .. .-~;~ ... . . . ..~.. .... ... ~."~". ~.=.., ,~,. ' .. ' ~f... · ¢ Kenai Waterbed World P.O. BOX 2588 KENAI, ALASKA 99611 PHONE {907} 283-4427 BOX2S88 · KENAI, AL. AGKASS611 SPUR PLAZA, 8OLDOTNA "N~OWATER... 81.EEPON IT" MARK AZZ, AI~A ~une 8. 1979 TO ~/J~O/~ ZT t4A¥ Nancy Curry and a. C. Stephens, ~r., have been e~loyed by Nordst~m, Znc., in ~e aanitorlal busings since ~ar~ of 2979. Z have found their work to be excellen:. Nanc~ and Cu~ am alw~s w~lllng ~ ~ke on extra Projects and seem to ~ke great pride ~n ~e~r ~ork. They both have shown fn~t~atfve ~n fmpmvfng Pm~dums fn the store ~. be rare Productive fn theft work. Th~ supplies at a sav~ngs ~o ~self. Pmvfde equfpmnt and ~ place a great deal of trot and confidence fn Nan~ and Cu~ and feel good about ~m~ndlng them ~ o~er ~obs tn ~e ~anf~rfal fteld. Sincerely, NO~, ~fl Ta~lor S~m. ~nager Gq/sm v ~RESOLUTION NO 79-94J~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT TIlE FOLLOWING TRANSFER ~'~ONt£S BE NADE IN TIlE 1978-1979 GEN[RAL FUND BUDGET: FPom Contingency Fire School - Salaries ($1,4oo) ($1,9oo) To Nondepartment - Professional Services $3,300 This transfer is needed for additional survey and appraisal work of City lands, t e, boat ramp area, Section 36, and Park Lands. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of June 1979. ~, City Clerk Approved by Finance Director~'~_~-~ VINCENT O'VRE~'[[Y, MAYOR I I CITY OF KENAI ol P. O. BOX 589 KEHAI, ALASKA 9961 $ TELEPHONE 28:3 - June 13, 1979 A Telephone Poll of the Kenai City Council requesting approval to purchase one collector ring for the~/~ Backhoe for $1,276.46 from Yukon Equipment! y~ le -- "',John t~/is'e,' 'C'it¥ Manager Finance ApProval Yes Seaman Councilman Councilman Ambarian Councilwoman filick Councilman Malston Councilman Aber Councilman Bailie Mayor O'Reilly No CITY OF KENAI P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 28~ - 75,'1S June 15, 1979 A Telephone Poll of the Kenai City,Council requesting approval to transfer funds, ~3J~--~; from Airport M ~ 0 Repair ~ Maintenance t~o Airport M ~ 0 Repair ~ Maintenance Supplies to purchase~-~6~bags of cement -v~cr aircraft --~ John Wise, City Manager Approval o f~na--h'~ce Yes I 'Bill I I I · I II i Councilman Seaman Councilman Ambarian Councilwomam Glick No Councilman MaIston Councilman Abet Councilman Bailie. Mayor O'Reilly iL C CITY MANAGER'S REPORT JUNE 20, 1979 I ORDINANCE 499 AMENDING 436 by decreasing the City's Federal Revenue Share contribution to the snow removal equipment project and replacement in kind with a State of Alaska participation. This will save the City approximately $90,000. This was done in the initial ordinance since we did not have a State committment and this will clean up the program. 2 ORDINANCE 500 AMENDING 290, KENAI MUNICIPAL AIRPORT REGULATIONS. The question as to tundra tires has not yet been resolved in my mind as to how it will actually be defined. I hope to have some additional information to the Council on the 20th. 3 ORDINANCE 500 AMENDING ORDINANCE 379, PERSONNEL REGULATIONS by adding classifica- tions and pay plans for the current fiscal year. We will offer an amendment to that part of the ordinance dealing with the clothing allowance, lbo correctional officers uniform allowance was inadvertently ommitted along with the Animal Oontrol Officer's clothing allowance. 4 ORDINANCE 504 AUTHORIZES SALE OF LOT 2, SPUR SUBDIVISION I, 16.25 acres, for a minimum bid of $800,000. I will send a copy of the ordinance to the FAA for their con~nents and hope to have an answer back by the 20th although I understand Paul Larson is away and may not be back by that time. I JACK THOMPSON LEASE - I believe this was discussed at the work session on the 14th. I COMMUNITY & REGIONAL AFFAIRS - CEIP FUNDING letter saying the City can again seek some relief from bluff damage. I am thinking of trying to write a grant request for armoring the toe of the bluff which has been approved by the Corps of Engineers as appropriate although they will not fund it. I would further propose trying to obtain additional State funding for this project I expect to run about two million dollars. With proper planning we might get additional State funding from the capital improvements budget. We will have to scratch to come up with the relationship to the offshore oil exploration; I am sure we can dream up something that will help. 2 JAMES E CARTER, SR LETTER FOR LEASE EXTENSION for hangar lying within the clear zone of the runway. As per Council direction, I am trying to have Vern Frykholm appraise 1) the building and 2} reappraise the land for the possibility of extending the lease. This may not be available since Mr Frykholm may not be available for a written quote prior to July 5. I RESOLUTION ~9-65 AWARD OF CONSTRUCTION CONTRACT FOR SHOP BUILDING - still pending. 2 FLOAT PLANE BASIN DISCUSSION Council directed at June 14 work session we try to complete data for establishing this as an aeronautical facility. The FAA directs us to prepare us to prepare FAA 7480-1 form which will demand some surveying and definition of the area in question. Additionally, some serious questions were raised concerning obstructions and they have requested specifically the height of the north and south banks, the heights of the trees on the same, and the fence height to the north. Further, they want parking facility data for aircraft/motor vehicles and access as well as the facilities for servicing. G JUNE 20, 1979 CITY MANAGER'S REPORT - page 2 The FAA is aware that a number of the southernly trees will have to be cut. In the conversation the Council directed me to have, Gary{ffenbeck of Garland and Jackson/PR&S, gave a verbal quote of 90 cents a cubic yard to move the approximately 40,000 cubic yards of material necessary to give the Tower proper visibility. This would be approximately $36,000. 3 BY-PASS SEWER LINE I have asked Loren Leman of CH2M Hill to come to speak of this to the Council. We have notification from the Congressional Delegation that the EPA has awarded us $240,000 for the design phase of the sewer treatment plant and the by-pass sewer line. They are now wondering where this line should go and its cost and effect, long term. One thing we have learned now that we have commenced the program is that, if the line proceeds by the old NC Store and down the creek, it will run into a historical site causing approval problems. I believe CH2M Hill will recommend the line run through Old Town and essentially going into and across the creek from Mission Avenue between the Jahrig property/Fort Kenay and Russi&n Church. The exact trac~ is not yet in, but he will explain it. 1&2 BILLS TO BE PAID/RATIFIED AND REQUISITIONS EXCEEDING $500 If we have the ability tow rite a requisition for the appraisal of the hangar and the hangar land, it will be on the agenda. 3 ORDINANCE 505 ESTABLISHING PROCEDURES FOR RECEIVING FINANCE FOR THE MUNCIPAL INDUSTRIAL DEVELOPMENT BONDS. This is from the Alaska Industrial Development Authority Regulations and modified for the City. 4 ORDINANCE 506 INCREASING ESTIMATED REVENUES/APPROPRIATIONS FOR THE FACILITIES DESIGN PLAN in that the initial Step II Ordinance did not provide for costs other than engineering although they were specifically authorized within the grant funding. Therefore, this will pick up those funds and justify the expenditure the Council approved for the archeological survey of the bypass sewer site. 5 ORDINANCE 507 CREATES CAPITAL PROJECT WILLOW STREET LUMINARIES. This appropriates $75,000 as directed by the Council for the luminaries from the street bond funds. The remaining part of the money will come out of local and state roads and trails projects as discussed in a later resolution. 6 ORDINANCE 508 AMENDS 122 REGULATING OIL AND GASS WELL DRILLING WITHIN THE CITY, This is the result of a discussion with Union Oil and Pacific LNG since the old regulations prohibits cessation of activity at a well site. As it is now, if activity ceases for six months or so, the well must be sealed. The companies are asking so that they can "shut in" the well. The problem is that the beneficiaries of the well would be by royalty those leasing to the unit. The "shut in" would make the deny.th~se r6yalty, holders t~etr expected returns.initially. 7 ORDINANCE 509 AMENDS ANIMAL CONTROL ORDINANCE The new ordinance developed by the City Attorney/Animal Control Officer and reviewed by the Chief of Police and extracted largely from Anchorage's ordinance would permit better and more effective control and program. One of the main provisions is the citation authority for violation. This might, hopefully, cause owners to repay the appropriate price. JUNE 20, 1979 CITY I~NAGER'S REPORT - page 3 8 ORDINANCE 510 CREATES "CITY HALL" CAPITAL PROJECT based, upon a CEIP grant mentioned to Council at the last meeting. It will be received by a later resolution. The criteria governing these funds use says that no action may be taken on the funds until the contract is accepted and a contract frJm an architect/consultant has been obtained. Therefore, we cannot immediately spend the funds. 9 ORDINANCE 511 INCREASES ESTIMATED REVENUES/APPROPRIATIONS FOR THE REDOUBT WAY PAVING PROJECT This was an assessment district project partially funded with local Public Works funding. The project had a significant overrun and we could only use LPW to the extent that it was funded for the project and only assess to the dollars authorized by the ordinance. The City must bear the difference. This will clear the project. 10 RESOLUTION 79-90 AWARDING A RADIO MAINTENANCE CONTRACT TO SOUTHCENTRAL COMMUNICATIONS. While much of our equipment, including Intrac is Motorola, there is no reason to doubt this company's ability to handle our equipment. The bid difference, shown on the resolution, is significant. 11 RESOLUTION 91 ACCEPT STATE GRANT FOR DESIGN OF CITY HALL This is a $50,000 Costal Energy Impact Grant and the terms and conditions for fund utilization are part of the grant. My review indicates that we will have funds available for aspects that our project will not require. Therefore, we should be able to have more detailed work done in design and engineering of the City Hall Complex. 12 RESOLUTION 79-92 TRANSFERS CAPITAL IMPROVEMENTS PROJECTS FUNDS FOR "STREET IMPROVEMENTS" resolving Brown's claim and HEA's claims. IJEA has given verbal acceptance the $1,000 for their claims. 13 RESOLUTION 79-g3 ESTABLISHING ROADS AND TRAILS PROGRAMS FOR lg79, 80 AND 81. This format must be used for these monies. The principal goal is to provide for $60,000 for the luminaries funding requirements and authorizes acceptance of bids for luminaries to enable the money to be transferred from one State account to another. It also establishes 1980 and 81 program tentatively. We do not have the 80 or 81 program funding, nor is there safer off system funding available. Nevertheless there is a requirement we provide this three-year annual programming. I4 RESOLUTION 79-94 FOR ADDITIONAL SURVEY AND APPRAISING. This money is for the Section 36 survey and plat which is on the bills to be paid for $2,623 which is half the total bill with the Borough having the other half. It also funds the Frykholm appraisals of the sewer treatment plant site and two other parkland sites that should be appraised now. 15 RESOLUTION 79-95 TRANSFERS FUNDS TO CLOSE OUT PHASE I AND II AIRPORT (LOOP) PROJECTS - the paving of the Terminal driveway. This will close the project. 16 RESOLUTION 79-96 TRANSFERS FUNDS WITHIN THE JAIL TO PROVIDE FOR INSULATION of the outside. There are funds available within the current budget, we have a quote, the need is great and the requisition is on the agenda. JUNE 20, I979 CITY MANAGER'S REPORT - page 4 17 RESOLUTION 79-97 AWARDING JANITORIAL CONTRACTS FOR POLICE LIBRARY AND AIRPORT TE~INAL. These were selected by the Council of the 14th. 18 APPLICATION FOR PERMIT TO OPERATE AUTHORIZED GAMES OF CHANCE AND SKILL 19, 20, 21, 22, 23, ARE ESSENTIALLY PAYMENTS TO ENGINEERS AND CONTRACTORS. 24 RENTAL AGRE~(ENT FOR STORAGE BUILDING adjacent to the City Shop 25 KENAI-SOLDOTNA COItIUNICATIONS CONTRACT is in a form prepared by the two attorntes; however, we do not know now if this is the form Soldotna accepted at their meeting on the 14th, If so, we have no basic problem with it, 26, 27, 28 and 2g ARE UPDATES OF LEASES I would point out that in the - Kenai Steel Building one, we are the lessee rather than lessor, This ii for the Department of Revenue offices, June 15, 1979 TO: FRObl: SUBJECT: John Wise, City Manager Keith Kornelis, Director of Public Works ~hat's Happening Report for City Council Meeting June 20, 1979 1979 IMPROVEMENTS TO KENAI MUNICIPAL AIRPORT Jackson and Garland, a sub-contractor of Norcon, is continuing the excavation on the shoulders for Phase II and III. Paving Products, another sub-contractor, is working on the slurry coat in Phase II. Polar Paving is continuing with Phase II paving on the runway. 1979 MODIFICATIONS TO LIFT STATIONS This project is presently being held up by Contractor's Equipment Corp. ~e are having problems obtaining a suitable manual transfer switch. Cordova Construction has started cleaning out the Lift Stations. The City of Kenai has completed some'force account work by placing plywood backboards for the electrical controls. 1979 CONSTRUCTION OF EATER AND SEWER IMPROVEmeNTS BEAVER LOOP TO DOGI~OOD KENAI SPUR Alaska Contractors/~ildwood Construction has had a few problems on this project. A very brief run down on this project is as follows: 5/25 - Started project. 5/30 - Completed augering casing. 6/1 6/4 6/5 616 under the Spur with 70 feet of - 90 lineal feet of pipe was placed in the casing. A shoring steel box was fabricated for boring under Beaver Creek. 6-in., 4-in., and 2~-in.'pumps are being used in an attempt to control the water problem. 43-ft. of 20-in. casing was placed. The original'plan was to continue placing the casing throughout the night I II1.~ Hemo to John %tise Page 2 June 1S, 1979 but at the last minute, it was decided to quit at the end of the day. 6/7 In the morning after start up and completing two or three feet of casing, some type of plug blew and a large amount of water came streaming through the casing creating a problem. On this date Sid Logan of Alaska Fish and Game inspected the project site but made no comment. 6/8 - A three-foot pipe was placed from the Spur Highway out to run Beaver Creek through. 6/11 - The contractor is once again making headway and has developed a control on the water problem. 6/12 - The contractor started having problems with large boulders in the way of the casing and has had to go to excavation with the backhoe in front of the. auger. Approximately, 58 ft. of casing has been installed. The contractor is supporting the three-£oot culvert with a crane at this date. 6/~5;- A sti£f-back pipe has been added to the three-foot culvert that the stream is running through for support. 6/14 - The project is continuing with digging in front of the auger to displace large boulders. Approximately, 15 £eet is all that is le£t for the casing to be installed prior to backfilling and cleaning up the creek area. The contractor intends to proceed with the installation of the pipe from the creek crossing ahead to the top of the hi1! at the park entrance. There have been quite a few pictures taken o£ this project for the project records that are available for anyone who is interested. ~979 A~0RT WA~ ?.WATER.,.SEWER,. 6ND STREET P R ~ S has completed boring under the Spur Highway for the water line and has tied in at Lawton and Walker. They have had some problems with the water table but are continuing making progress on the water line. 1979 RENOVATIONS TO WELL HOUSE 101 Rockford Corp. has s~arted work On this project. 1979 ADDITION TO THE SHOP BUILDING AND LUBRICATION FACILITIES This project is still in limbo. The contractor is still standing by with his contract'bid price. The Public Works Dept. feels that this is a very necessary project as the City of Kenai has a large fleet of equipment which needs to be serviced and maintained. 1979 ADDITION TO ANIFbIL SHELTER Timberline Industries is making good progress on this addition. Memo to John liise Page 3 June 15, I979 They are working very well with the City Engineer and this addition will be a great addition to the City and its animal control program. 1979 TOPOGRAPHY AND AERIAL PHOTOGRAPHY STUDY - CEIP Leo Sheben has been contacted b~he City concerning this project and its award to his firm. He plans to come to Kenai sometime this coming week to meet with the Administration and line up a schedule for his work. MILLION GALLON ~ATER STORAGE TANK · e have received the final pay estimate, from Rockford on this project. Rockford claims that all the items on the punch list have been completed as of June 14, 1979. The punch list items will be checked out thoroughly prior to this upcoming City Council meeting. MISCELLANEOUS ITEMS Leroy Anderson has completed the sweeping of the City's paved streets. I have been working with Elaine Barrett of EDA concerning the closing out of all last year's projects now that the claims have been resolved. We have sent James Andregg, CEIP, ten copies of the Airport Way sewer lines specifications. The Public Works Dept. has had a meeting with Motorola Intrac System technicians concerning the capabilities of our Intrac 2,000. Wince, Corthe11, Bryson,md Freas and City Electric were in attendance and we are exploring the possibility of improving our present water system by using this Intrac 2000. We have barely scratched the surface of the capabilities of this system. In talking with HEA,.it appears that there will be a charge for changing voltage at our lift stations on the Renovations of Lift Stations project. With the possibility of a construction of a new City Hall, Public Works did a space evaluation calculation on the room needed for the Dept. ~e estimated 1,282 square feet. This does not include any expansion for the future, no rest rooms, and no storage for past records. These are rough calculations but available for anyone to check. Memo to John Wise Page 4 June 15~ 1979 CITY CREWS STREET CREWS have been blading and oiling the City streets. They have cleaned the City boat ramp and installed signs on the City dock; filled in washouts; bladed the ballpark; picked up garbage;and did maintenance work on the Airport. ~ SHOP CREWS have been repairing Police Cars~ Park Dept. chain saw, and regular maintenance on vehicles. They repaired a hydraulic leak on the 146 grader; U-joints on Fire Truck; work on Dozer and Backhoe; balanced wheels on Police Car. WATER AND SEWER CREWS have been working on fire hydrants and on the float plane basin. They have checked well houses and lift stations plus cleaned sewer lines. ' KK/jet { KENAI PENINSULA BOROUGll AGENDA FOR TIlE RI':GUI,AR AS,';I~I. IBLY MEIiTING JUNE 19, 1979; 7:30 P.M. BOROUGI! ADMI NISTRAT ION BU 1 I,DING P. O. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA- A. CALL TO ORDER AND ROLL CALL B. PLE)0E OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEARING OF NEW ASSEMBLYBIEMBBRS (none) D. AGENDA APPROVAL E. MINUTES (none) ORDINANCE IIU. ARI NGS (a) Ord. 79-11 "Amending Section, 2.08.040 of time Borough Code of Ordinan~:es Relating to Abstention from Voting by A.,;semblymembers i,. Cases of Conflict of Interest" (b) Ordl 79-17 Substitute "Enacting Section 2.08.150 b'f the Borough Code of Ordinances to Authorize the President of the Assembly to Appoint Committees of the Assembly to Hold Public'Hearings for the Assembly" (c) etd. 79-29 "Providing a Comprehensive Zoning Code for the Seldovia District". (d) Ord. 79-30 "Provisions for the Accrual of Interest on Service Area Cash Balances to the General Fund in Lieu of Administrative Service Charges" (e) Ord. 79-$2 "Rezoning Tract ~ in the Binkley Airport "~'~'acts in the City (.f Soldotna from the Unclassified District ti, I-Industrial District" (f) Ord. 79-33 "Amending Section 2.08.120 of the Borough Code Setting Out the Order of Business of the Assembly, and Section 2.08.]30 of the Borough Code Regarding Public Presentations to the Assembly" INTRODUCTION OF ORDINANCES (a) Ord. 78-37 "Revising Chapter 20 of the Planning 'a'nd Subdivision of Land lfithin the Borough" (b) Ord. 79-$8 "Amending the ltomer Zoning Ordinan'ce' 'to Restrict Ihvellin~- Unit Density in Residential Zones" (c) Ord. 79-~9 "Providing for the Placing of'Certain Propositions Relating to the North Peninsula Recreation Service Area Upon the Ballot of the Next Regular Election" ASSEMBLY Crawford Davis Dimmick Douglas Elson Fischer Hille Long ~iartin Moses McC 1 oud Ambartan Arness Campbell Cooper Corr 1).66 10.67 9 9 11 7.5 10.67 f.5 10 9 ( ) . . ' ~;n 'm~ sen, Mariin homestead ordinance (b) Represeutat~vcs of Alaska Pipeline Co. lies. 79-68 I. CO~IITTEE REPORTS (a) School Board (}lille) (b) Cook Inlet Air Resources (Davis/Long) (c) OEDP (Fischer/~ioses) (d) Finance (llille/Cooper/Crawford/SicCloud/Corr/l)ouglas) (e) Solid Waste (Fischer/Martin/Cooper) (f) Roads and Trails (Long/Martin/Corr) (g) Ports and llarbors (Arness/Car~pbell/Ambarian) (h} Local Affairs (Campbell/^mbarian/Dimmick/Arness) (i) Legislative Overview (Loag/D~mmick) J. ~L~YOR' S REPORT ~t Financial Re~ort · Memo 79-95 "Borough generatox Program Status Report (c) Memo 79r107 "Line Item Budget Adjustments" K. SCIIOOL CONSTRUCTION REPORT (a) Res. 79-78 "Authorizing the furchase of Land in'the Foothills Subdivision Located in the City of ltomer for the Site of the Future Homer Elementary School for $110,0C0" qemo 79-100 and Res. 79-63 "Authorizing the Purchase of 66.2 ~cres of 'Land in Section 24~ Township 6 South, Range 14 ~est, Seward Meridian, for $562,700 for the Site of the Future llcmer Elementary School" and Uemo 79-89 TABLE~ 5-15-79 (b) 'Res. 79-84 "Awarding the Contract for the Construction of a Teacher's Residence at English Bay" and Memo 79-104 (c) Furniture ~ Equipment Li~ts for Anchor Point, Tustumena Elementary and ltomer and Seward ltigh Schools, approved 5-21-79 and for Sterling Elementary, Seward and llomer High, approved 6-4-79 L. OTII~R BUSINESS (a) Res, 79-68 "A Resolution Authorizing the Mayor to Enter Into Joint Use Agreements with the North Kenai Community Club and Mazie and Dolores Mcgahan Regarding Nikiski Fire Station No. 2" with joint useage agreement (b) Res. 79-69 "A Resolution of the Assembly of the Keh~i' Peninsula Borough, Alaska, Consenting to the Location of Facilities for the Furnishing of Gas to Be Financed by the Alaska Industrial Development Authority and to Be Located ~ithin the Kenai Peninsula Borough" (c) Res. 79-79 "Authorizing Negotiated Sale of 0.69 Acres of Land Owned by the Borough in the Kasilof Area Lying in Section 12, Township 4 North, Range 11 ~est, S. M., To Eliminate a Long Standing Encroachment on. Borough Property" Memo ~ Map (d) Res. 79-80 "Accepting the Low Bid of ^ir Photo Te~h to'Provide Aerial Photographic Base Map Coverage for the Contract Sum of $6,300" (e) Res. 79-82 "A~ending the Scope of ~ork Under ~he ~ontract with R. ~. Thorpe ~ Associates to Provide for a Site Development and Land Disposition Plan for the City of Kenai" Memo AGENDA FOR JUNE 19, 1979 Page · (f) Res. 79-83 "Awarding a Contract to Silvers · n~-~'6~r-T~g for the l'reparation of a Traffic Study and Access Plum for the City of Soldotna" Memo (g) Res. 79-85 "Amending the Scope of Work Under the ~'~ntract'~ith K ~ T Services for the Compilation of Subdivision Information to Provide for Cross Referencing o£ Plats" I. lemo (h) Res. 79-86 "Authorizing Further Studies Under the Contract With Pacific Rim Ph,nners, Inc. for the Seldovia Comprehensive Plan i. nd Transferring Certain Revenue Sharing Funds" Memo (i) Res. 79-87 "Authorizing Trans£er of Funds from the Pub'lic l'lorks Departmen't, Maintenance Divi- sion, to the Finance Department, Data Processing Division" (J) Ord. 79-21 "To Establish and to Sot Forth the Functions, Duties, and Respovsibilities of the Boards of Directors of Service Areas SVithin the Borough" TABLED 5-15-79 (k) Res. 79-71 *'Approving the Acquisition of Certain LhndS for-Use as a Playground at Tustumena School" RECONSIDERATI ON REQUESTED 6 - 12- 79 (1) ltaiver o£ Time for Filing for Disabled Citizen Exemption; Rick Palm (m) lgaiver of Time for Filing for Senior Citizen Exemption; Robert D. Matheny f Lyman E. McBride (n) Tax Adjustment Requests (o) Memo 79-99 "Leu Morgan Road and State Report; Informational Memorandum MAYOR AND ASSEMBLY: CObimlENTS AND DISCUSSION PUBLIC PRESENTATIONS INFORMATIONAL MATERIALS AND REPORTS (a) Minutes: Nikiski Fire Service Area, 5-9-79 KPB School Board, 5-21-79 6 Finance Report KPB Planning ~ Zoning Commission, 5-7-79 KPB Plat Committee, 5-21-79 Bear Creek Fire Service Area, 5-9-79 (b) Memo 7g-106 Monthly Status Report on Various School Projects Certification of the 1979 Assessment Roll Cost of Living Index, A.pril 1979 MEETINO: July 3, 19791 7:$0 p.m. Borough Building lc) (d) NEXT :Box ~0 De~ Kr. ~yor and CouncL1 Henbers, ! wou~d ~Lke to ~sent flor yo~ co~d~t~on to p~e the follo~ d~~ D~ ~k. 1~ I~NATIO~ F-20~ Flee~ ~* ~eel~e ~CEs $~,~.00 ~oo~e ~lO~ S~ No. ~1~B2,1~1 - ~omet~ 19,700 ~e~t82~80 -~t '~op ~ the LSd" ~6 - ~0 ~I 6 cyli~ ~e - ~ si.vel Olu~hs ~" 2 P~te "~" C~ 5~tent ~ A~. ~ Volt ~lco ht~.t ~h~Volt- 2~. ~1~ CooLtn~s Heavy Duty Rad~tor with ALt Oper~tion~ Racl~tor Sh~t~ T~ ~oo~ D~I Front H~ ~ Fe~e~s ~lt '~e ~ece' FL~~ Fuel Tm3kss Du~ ~0 ~. eith safety steps Air T~nkss Dual uith auto~tic bleede~ F~lterss Du~l Fuol a~d O~l ~.azes Double Channel Steel Front Axle and Sprln~s Rock~ell 16,000 lbs. Brakes, Air, Kelsy-H~yes (all wheele) ~Bx'a~$ ~th '~iheel, Tl-atle'~ Airs Rear Service Line Suspense. OhS Hend~e~n RTE-~80 (~8,000) 'rIP, SSs Fronts l~ee 1.~x22.~S Rears Ne~ :Banda. Ss lO. OOx20 Towings A~r Operated Pintle Hook Toutngs ? Ya,y ElectrtcaJ. Connector i 1,a~e .1 of 2 l~e2off2 Joseph 197~ Intern~tLona~Du~pTruck ContLnuedl Trans~tss~ont RT-6i~ Fuller Z3 Speed Diffferentia~s; Eaton38,000 - ~.~?1~.37 ~-th Forward A~r II~ERIOR, Custom Pacl~l~e Front Se~t, l~ation~l Cush "l~" A~r lttrrors t ~ l{~n~size Cab Lights s C~b Bupportm SoLtd Holded DI~P2OX, Hei~l~ff%. ~thAirOperatedGate BOOESt Coaplete Setl Parts and ~echanical with L~ne Sheet~ C~aplete~ and sold to Ho~d Cooper l~rohased by 0, 1~. Ross Orl~lna~ Delivered 1/78 $~1,~00.00 ~ P.O. Box 2990 Ke~, AI~ 99611 MOTOROLA ADDRE~ REPLY S333 Feld)inks Strflt Suite 1 Communications and Electronic~ Inc. ~p, AK go7, June 15, 1979 Mayor Vincent O'Reilly P. O. Box 580 [enai, Alaska 99611 Dear Mayor O'Reilly: As a member of the Keani Borough assembly, we are sure you're concerned, about rising costs. An additional concern is value received for dollars spent. For the past several years, Motorola has provided maintenance service~ for the City of ~enai Police and Public ~orks departments. The equipment used by these departments ranges from basic two-way communications to a highly sophisticated, microprocessor-controlled instrumentation and control system. Motorola's present contract expires June 30, 1979. Due to rising costs, we were forced to increase our prices on the recent bid. At the bid opening another bidder submitted the low bid. Prior to your bid award, we urge you to consider the qualifications of the bidders, as your communications system is critical to Police, Fire and Public ~orks departments. ~otorola submits the following qualifications: 1. $60,000 inventory of iotorola Parts in Alaska. 2. $3,500 inventory of Dictaphone Recorder parts. Factory-trained technicians, plus Technical Representatives to provide field support of our technicians. 4. Factory support for all Motorola products. MOTOROLA ~:ENTER, 1~0~ E,, A&,(3ONqUIN ROAD, G~..flAIJMBURG. IL.L. ,SOlGG (~1'''J) ~eT._ _"~'~__ Mayor Vincent O'Reilly June 15, ~979 Pa~e two As we are all aware, the Assembly is not required to accept low bid, but can consider the best value -- we feel the people that built your equipment are best qualified to service it. There is no "middle man" in ~OTOP~LA. We thank you for your consideration and are looking forward to continuing our relationship° Best regards, C &.E, INC. David C. Moulton A. laska Branch llanager Alaska Branch Service DCM/JRB: mJp CITY OF KENAI ¥ P. O. lOX ~0 KENAI, ALASRA TELIPHONE 28:3 · MEMORANDUM w:['[~.4~" TO:.'Honorable Mayo~ & City Council -.~,~2~ ...... .-:.-.._ .~.... :~..' - "~0~. - Sue Pet~, Ci~ Cle~k '" ...... DAT~[ J~e 18, 19Y9 · ~.~ ,..~' j~'.' :- . .... ~l~Se ~d ae~hed ~e ~ob' de~pe~ ~'~ep~ed'bF ~e ~¢-.- S~e fo~ ~e position of Ci~ .'. ~ :~" pr~eed- ~ p~ep~ ~ "poeJ~ ~eement"'-~d ~se '~- ~_. Some ~es~on~ ~ ~v~ ~ done~ ~e pa~ ~e: ~oe~ ~d ~ehora~e ~" m: .... new~pers, Sea~e ~. I.-., ~a~o~ ~e'of ~s, ~e~ ~elp~ ~e~e, ...... · -- · · ~ n~a ~uon on. ~ ~e,' ~os~ date fo~ ~eipt of app~ea~ns ~ ~-~-;'~'=.~' ~d o~ pe~ent ~o~efl~ you deem n~es~ ~ be ~uded wi~ ~e NATURE OF WORK This is highly responsible administrative work. 0025 The employee occupying the position of this class is respon- sible for serving as Chief Administrative Officer of the City. Responsibilities require the exercise of considerable independent judgment and the application of considerable knowledge of municipal organization and programs in meeting a wide variety of work pro- blems involving continuel public, intergovernmental, and inter- departmental relations. The employee of this class is responsible for the effective and efficient admini'stration of all City services through the supervision of subordinate administrative department heads. Work is performed under the directive of City laws and ordinances and within broad policy guidelines from the City Council. REPRESENTATIVE EXAMPLES OF WORK Otrects the internal administration and operation of all City departments through subordinate department heads. Appoints, lays-off, suspends, demotes, or removes, subject to merit system regulations, all administrative department heads, officers, and employees of the City. Prepares and submits an annual budget to the City Council; administers the budget and recommends changes to the City Council. Submits annually a report on the proceeding year's financial and administrative activities of the City to the City Council. Attends City Council meetings and presents administrative data and makes recommendations on policy and other desirable actions for consideration of the Council; advises the Council of the financial condition and future needs of the City. Performs related work as rgquired. KNo~LEDSES~ ABILITIES~ AND SKILLS Considerable knowledge of management principles and practices, including management of human and financial resources. Considerable knowledge of the organization, functions, and activities of municipal government. Knowledge of the modern prinicples, practices, and theory of public administration. Ability to analyze management problems and develop and implement improvements. Ability to exercise resourcefulness in solving new problems in accordance with established ordinances, regulations, and policies. ' Ability to organize facts and p~esent recommendations in a clear, concise, and logical manner both orally and in writing. C~TY MANAGER Cconttnued) Ability to e~fecttvely .plan, assign, direct, and review the ~ork.of a staff of administrative subordinates. Ability to'establish and maintain effective working relation- ships with employees, city officials, and the public. G~NERAL RECRUITING INDICATORS ' Minimum: Four years of progressively responsible experience as. an Assistan: City Manager or in a related administrative capacity; 6R substituting, on a month for month basis, graduate level course work in public or business administration for the desirable experience, to a maximum of eighteen months. A PUiICIC LIBRARY IN 8ERVICI; $iNCI~ 1948 BOX 157 KENAI, ALASKA 996~l R~ORT FOR THE MONTH OF MAY, 1979 Circulation Adult Juvenile Fiction 1179 389 958 Non-Fiction 1318 87 239 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Easy Books ~17o 331 Additions Adult Juvenile Easy Books Gifts 10~ 11 17 Purchases 112 ~6 108 Total Book Additions Total 132 266 398 R~ne~ial and Re-Worked Books lnterlibrar~ Loans Ordered Books 26 Phonodiscs/AV 29 InterliBraryLoanByOur Library Adult 121 Received Juvenile Easy Books AV 20 ? 8 Returned 33 2 Total Volunteers Number Total Hours 27 363 In~me Fines and Sale Books Lost or Damagea Books Xerox Total Income for May $513.69 lhh.25 Borrowers Cards - May 1979 Kenai North Kenai Soldotna Kasilof Ninilchik Sterling Clam Gulch Anchor Point Homer 8 ~6 6 1 2 1 1 Total car~s issued/renewed t COUNCIL REQUESTS FOR ACTION COUNiIL MEETING HELD "' June 6~ '19~9 m' i ' .... ' ITEM NUMBER 6 8 g 10 11 13 ', . ACTION REQUESTED Priority projects list - proposed addition to Fort Kenay :Obtain plans on former Civic Center design for review at ~.ublic Works Committee SuBmit Tidelands Ordinance to Harbor Commission for review at.their meeting of June 12, 1979 Ordinance 500-79 Admendment to Airport Regulations furthe~ tOldefine "tundra tires" L~tter to Lilac Street residents advising of response to questionnaire and keeping line of communication open Preparation of appropriating ordinance for illuminaries )roject : ~o~ Jahrig building and street back requirements :opy of Airport Operations Manager position announcement and ob description to Councilwoman Glick : :i'scuss clearing property with Mr Jahri~ ;~earlng away stumps and seeding areas in Cemetary t4~eting with prosDecttve lessees & ACI on Airport Bar & Cafe ~end Ordinance'4g4 to reflect $1,000 donation to the Chambe~ ~'f Contmerce/Convention Bureau '~epare agreement between Employees/City for the "Deferred ~ompensation Plan" RESPONS I BLE kdministration Same i: Same · .i Same : · : Same '' Same ! - ·:. Same Same Public Works C~ty Attny Finance City Attny - STATUS ' Done Done Sbbmitted, Commission delayed review due to time problem at their meeting m Done for 6/20/79 meeting DOne 6/11/79 Done for 6/20/79 meeting · : ~eferred to Building Inspector ~one 6/14/79 - Jahrig not in violation Sent to all Councilmembers L~tter sent 6/8/7~ Ground too soft to move with· loaders upon checking. Working on alternative method of cleari.ng Contacted ACI who is now trying to arrange meeting Done for 6/20/79 meeting Done 6/11/79. KF, NAI PENINSULA BOROUGII MINUTIiS. OF 3'111'1 RIi(;iH,AR ASSli~IIILY MHIiTING III!lA) MAY 15, 1979 FOLLO{~'ING B.O.E. BOROUG{I Al)?.l I N I STRAT I ON BU I LD I NG P. O. BOX 850 SOLDOTNA, ALASKA 99669 -AGENDA- A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEATING OF NU.W ASSEMBLY,~IIiMBERS (none) D. AGENDA APPROVAL E. MI,~JTES; ~iay l, 1979 ORDINANCE IIEARINGS (a) Ord. 79-20 "Revising the Zoning Code . {fithin the Municipal Boundaries of the City of Seward Regarding Minikum Lot Area, Churches and Mortuaries, and Lot Group's in Common Ownership" (b) Ord. 79-21 "To Establish and to Set Fbr'th the Functions, Duties, and Responsibilities of the Boards of Directors of Service Areas Within the Borough" (c) Ord. 79-25 "Appr'opriating $4,222,659 for Fi'scal Year 1979-80 for School Purposcs and the Annual School District Audit" 1. Res. 79-67 "Approving ~he Total Amount of the Borough School Dis- tric. t Budget. for FY 1979-80" O. INTRODUCTION OF ORDINANCES (a) Ord. 79-11 "Amending Section 2.08.040 o£ the Borough Code of Ordinances Re- lating to Abstention from Voting by Assembly Members in Cases o£ Conflict o£ Inter;~t" (b] Ord. 79-17 ~Substitute) "Enacting Section ~'~-~.~50 o~ the BoroUgh Code of Ordin- ances to ~uthorize the President o£ the Assembly to.Appoint Committees o£ the Assembly to Hold Public Hearings for the Assembly" (from Finance Committee) (c) Ord. 79-29 "Providin~ a Comprehensive ~'~xng~-~-~de £or the Seldovia District" (dj Ord. 79-50 "Provisions for the Accrual bf Interest on Service Area Cash Balances to.the General Fund in Lieu of Admini- strative Service Charges" 1 1 1 1 Amended i Appv as Corrc 1 Tabled 2 Nnacted Adopted Set for Hearing June 19, 1979 3 Set for Hearing June 19, 1979 4 Set tar Hearing June 19, 197' Ord. 79-31 "A B~rough Homestead Enactment Providing for the Acquisition of Title to Borough Lands by Homestead and Improvement" '4 Refbrred to Planning Camm 4 Set' for Hearing June 19, 1979 Agenda for minutes of May.iS, 1979 Ord. 79-32 "Rezontng Tract 3 in the Btnkley Airport Tracts in the City of Soldotna. from the Unclassified District to I-Industrial District" Ord. 79-33 "Amending Section 2.08.120 of the'Borough 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" Ord. 79-34 "Amending Ch. 5.04 of the ~de by Enacting Sec. 5.04.021 to Require an Ordinance and Public Hearing in Determining the Amount from Local Sources for School Purposes fvr thc Fiscal Year" Page No. 4 Set for ttearing June 19, 1979 4 Set for Hearing June 19, 1979 Referred to Finance Comm H. PUBLIC PRESENTATIONS (with prior notice) (a) Mr. T. C. Fuglestad, assessment Halibut Cove 5 (b) Mrs. Betty Warren, increased cost of borough operations S' (c) Mr. Jim Bass, various 6 I. COI~IITTEE REPORTS (a)' School Board (Corr) 6 (b) Cook Inlet Air Resources Mgmt. Dist. (c) OEDP 6 (d) Finance 6 (e) Solid ~aste · 6 (f) Roads and Trails 6 (~) Ports and Harbors 6 (h) Local Affairs 6 (i) Legislative Overview 7 J. MAYOR'S.REPORT (a) Financial Report (April, 1979) 7 K. SCHOOL CONSTRUCTION REPORT (a) Res. 79-55 "Accepting the Low Bids of Burton Carver f Co., Inc. ~ad Cordova Construction and Authorizing the Award of Contracts to Relocate Portable Class- rooms in Homer and-~o North Xenai' TABLED 5-1-79 (b) ~es. 79-64 "Accepting the Low Bid of Brown Construction and Awarding a Contract for the East Homer Elementary Site Improvement Project" Memo 79-82 (c) Res. 79-66 "Accepting the Lo~ Bid of Cordog& COnstruction and Authorizing a Contract for Various Improvements at the Sterling Elementary School and the Tustumena Elementary School"'~Iemo 79-81 (d) Memo 79-84 '~ngiish Bay Teacher's Besidence: Rejection of Bid Results' 8 7 Adopted as Amended 8 Adopted 8 Adopted o 2 - Agenda for ,~linutes of May 15, 1979 (o) Res. 79-63 "Authorizing the Purchase of ~i6.2 ~cr~s of Land in Section 24, ToWnship 6 South, Range 14 West, Seward Meridian, For $562,700 for the Site of the Future Homer Elementary School" Memo 79-89 (f) Furniture and Equipment List for Sterling Elementary, Redoubt Elementary, llomer iligh School (App.roved 5-7-79) L. OTHER BUSINESS (a) Res. 79-65 "Accepting the Low Bid of Coastal Construction and Awarding a Con- tract for the Seldovia Landfill Access Road Project" Memo 79-83 (b) Res. 79-61 "Awarding a Contract for the SeldOvia Landfill Site Development Pro- 'ject and Transferring Funds" Memo 79-88 (c) Res. 79-62 "Awarding a Contract for the HOmer Lahdfill Maintenance to Yenney's Construction,' the Low Bidder" Nemo 79-86 (d) Res. 79-59 "Ratifying the Collective Bargaining Agreement Negotiated Between the Kenai Peninsula Borough and the Kenat Borough Employees Association to Cover the Period Through June $0, 1951" CTabled May 1, 1979) Ce) Request for Waiver of Penalty and Interest; CBaldridge) (f) Request for Waiver of Penalty and Interest; (R. C. Rogers] M. MAYOR AND ASSg-.¼BLY: CO~IENTS AND DISCUSSION (a) Mayor Gilman; special meeting (b) Mrs. Dimmick; Lggislative Overview Comm (c) Mr. Long; excused absence (d) ~r. McCloud; routing of letter (e) ~r. Fischer; excused absence (f) Hr. Cooper; Public Presentations (1) Mr. Corr; water fountain N. PUBLIC PRESENTATIONS (none) O. INFORMATIONAL [~ATERIALS AND REPORTS P. NEXT MEETING: May 16, 1979. 9 a.m. No. 8 Referred to Finance Comm 8 Approved 8 Adopted Adopted 9 Adopted 9 Adopted 9 Approved 9 Denied 9 9 10 10 10 10 10 10 KENAI PENINSULA BOROUGII MINUTES OF TIlE REGULAR ASSEMBLY MEETING ~Y 15, 1979 BOROUGH ADMINISTraTION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLL CALL Pres, JoAnn Elson called the regular'meeting to order £ollowing the Board of Equalization Heat'.nB which began at 7:t0 p.m. PRESENT: Assomblym, nbers Amba¥ian, Arness, Campbell, Cooper, Corr, Crawford, Davis, Dimmick, Douglas,'Elson, Fischer, Eille, Long, Martin, Noses, McCloud; Mayor Gilman, Atty. Sarisky, Finance Director Barton, Public Storks Director Hakert, Assessor Thomas, Planning Director Waring ABSENT: Npne B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEATING OF NEW ASSEMBLYM~BERS (none) D. AGENDA APPROVAL The agenda was approved without objection with the following changes: Item L (g) Res. 79-67 moved to Item F(c)l. Item 79-21, Conunittee version of Service Area Ordinance added as Item Feb) and Ord. 79-21(Sub) deleted Item G(h) Ord. 79-34 added · Item H(c) Mr. 3im Bass added E. MINUTES: May 1, 1979 Mr. Corr requested correction to Page 7, Item K(c), Res. 79-57, which should have indicated Mr. Long abstained from voting. The clerk noted the correction and the minutes were approved. F. ORDINANCE HEARINGS: (a) Ord. 79-20 "Revising the Zoning Code Within ~pal Boundaries of the City of Seward Regarding Minimtun Lot Area, Churches and Mortuaries, and Lot Groups in Common Ownership" The ordinance was read by title only as copies were available ior ~ne public..Public hearing was Opened and as no one wished to speak, was closed. ASSEMBLYMB~BBR McCLODD MOVED FOR ENACTMENT OF ORD. 79-21 AND TIlE ORDINANCE WAS UNANIMOUSLY ENACTED. (b) Ord. 79-21 "To Establish and to Set Forth ~he Functions, Duties, and Responsibilities of the Boards of Directors of Service Areas Nithin the Borough" T~e ordinance was read by title on1¥ as copies were available for the public. Public hearing was declared open. Mrs. Chris'Martin, Ntkiski Fire Service Area Boardmember, requested the assembly table the ordinance as Sec. 16.04.001 of the substi- tute ordinance negates Sec. 16.04.090, powers given the board 9£ d~rectors in. the original ordinanoe. She reported the sub- KF. NAI PENINSULA BOROUI;I! ASSE~IBLY REGI~LAR ~Hil!TING MINIITES ;qAY IS~ 1979. , PA(;E 2 stitute ordinance was not mailed to the service area board~ and requested in the future that thc assembly consider allowing the service area boards'to have a representative present at the assembly committee meetings to speak for the board and the community. Committee ~hairman Ca~lipbell took ckception to Mrs. ~lartin~s statement reporting board members were advised the committee was working on the ordinance. ~lr. Koehler and Nfs. I. jnda ~oods sat through most of the two months of meetings, lie stated if any area had input it was Nikiski. Because of suggestions from the North Kenai boards, the ordinance presented is a very dif- ferent document from the original drafts, lie added had the board drafted its own ordinance it would not be in the form it is today. Th~s was an honest attempt to reach a compromise° Mrs. Linda ~oods, Chairman of North Peninsula Recreation Service Area Board, reported her board was represented at the committee ~eetings. She requested th~ ordinance be tabled as misinforma- tion had been received in Nikiski from the Clerk's Office con- cerning the date of hearing. The Board was told the hearing was scheduled for June 5. bit. Kurt Kristinsen, Nikiski, participant at service area board meetings, reported the ordinance presented by the committee is commendable, tie reminded the assembly that it can delegate certain powers to a service area and past history has 'shown there has been no abuse by the boards of those powers delegated to them. lie suggested changing Sec. 16.04.090, which deals with the board of directors. The section states the board shall be composed of S or more members. Ile believed a board could func- tion better with at least 7 members as S member boards have problems getting a quorum. Sec. 16.04.220 Procedures-Conduct of Affairs - Meetings, states the board may adopt by-laws or regulations and may adopt rules of procedure, lle believed this should read "shall'. In the past the No. Peninsula Recreation Board has not had by-laws and the board has operated in a vacuum. He stated this service area presently serves the largest popu- lation in the borough and is fullfilling a very needed service. As there was no one else wishing to be heard on Ord. 79-21, public hearing was closed. ASSF31BLYMF24BER ARNESS ~OV~D FOR ENACTIIENT OF ORD. 79-21. Mr. Arness reported the o,mmittee sent the first draft ordinance to the boards in November 1978 with the request that written recommendations be presented prior to January 10, 1979. The ordinance was then sent back to them in revised form and finally' was drafted in this final format. Nikiski board members were present and reco~flended changes in additicn to ?etters from the Nikiski Fire Service Area and Central Peninsula llospital Board providing input. The boards wanted line item control of the budget which is not possible. The committee did make a number of concessions asked for. ASSEMBLYMEMBER DAVIS MOVED TO TABLE THE ORDINANANCE AT TItF REQUEST ~F THE PUBLIC AND TIlE NOTION PASSED BY A VOTE OF 90.34 "YES" TO 53.6f' Ambarian, Arness, Campbell, Cooper, Dimmick and McCloud voting against the motion. (c) Ord. 79-23 "Appropriating $4,222,659 for lzY~I'gTIJT~ for School Purposes and the Annual School District Audit" The ordinance was read by title only as copies were available for the public. Public hearing was declared open. ° 2' ' KENA! PENINSULA BOROUGII ASSEMBLY REGULAR MEETING MINUTES MAY 1S~ 1979 PAGE 3 Mr. Truman gnudsen stated tho borough is g~ing to expend approx- imately $22,000,000 on the school budget, of which about 1/6 will bo derived from borough funds, tie believed the budget to be out of line as there is no justification for spending over $4,000 per pupil per year. lie doubted inflation had caused such an increase in cost and reported he can send $ children to private school for one year for just over $3,000. I,~ did not believe the quality ~f education was three times better in the public school system. As there was no one else wishing to be heard, public hearing was closed. ASSEMBLYNEMBER McCLOUD MOVED FOR ENACTMENT OF ORD. 79-23. Mr. Davis requested the record indicate his objection to holding ublichearing on Ord 79-23 at this time as it is after the act. The assembly h~s already established the amount for the local share. Mr. Corr commented the school board holds work sessions and public hearings on their budget and at that time the public has an opportunity to supply input. Mr. Fischer shared the same feeling as Mr. Davis and because of this he is introducing an ordinance tonight to correct the situation. ASSEMBLYMEMBER IiARTIN MOVED TO TABLE ORD. 79-23 AND THE MOTION FAILED BY A VOTE OF 36 "YES" TO 108 "NO"; Davis, Douglas, Fischer and Martin favoring the motion. QUESTION ~AS CALLED ON TIlE ~IN MOTION AND THE ORDINANCE I~AS ENACTED BY A VOTE OF 98 "YES" TO 46 'NO"; Arness, Cooper, Davis, Douglas and Martin voting negatively. 1. Res. 79-67 "Approving the Total Amount of the Borough School District Budget for FY 1979'80" ASSL~iBLYMEMBER ~OSES MOVED FOR ADOPTION OF RES 79-67. THE RESOLUTION I'/AS ADOPTED WlTtlOUT DISCUSSION BY A VOTE OF 98 "YES" TO 46 'NO"; voting against the resolution were Arness, Cooper, Davis, Douglas~ Martin. G. INTRODUCTION OF ORDINANCES (a) Ord. 79-11 "Amending Sec. 2.08.040 of the Borough Code of Ordinances Relating to Abstention from Voting by Assemblymembers in Cases of Conflict of Interest" (Referred to Finance Com. w/out setting for hearing March 6, 1979) ASSEMBLY~EMBER ARNESS'MOVED TO SET ORD. 79-11 FOR HEARING JUNE 19AND THE MOTION IiAS APPROVED WITtlOUT DISCUSSION BY A VOTE OF 105 "YES" TO 41 "NO"; voting against the motion were Cooper, Corr, CYaw£ord, Long and Martin. (b) Ord. 79-17 (Sub)-?Enacting Sec. 2.08.150 of the Boroh~h'Code of Ordinances to Authorize the President of the Assembly to Appoint Committees of the Assembly to Ilold Public Ilearings for the Assembly' (from Finance Com..) ASSE~BLYMEMBER DIM~IlCK MOVED TO SET ORD. 79-17 (Sub) FOR HEARING J~NE 19 AND TIIE.ORDINANCE WAS SET FOR IIEARING ~ITIIOUT DISCUSSION BY A UNANDIOUS VOTE. - $ - KIiNAI PENINSUI,A BOROUGII ASSE.',IBI,Y REGUI,AI~. ~IEETING ]qINU'rEs ~IAY lS~ 1979 PAgE 4 (c) Ord, 79-29. "Providing a Comprehensive Zoning Code for the Seldovia District" ASSE~IBLYME~IBER CRAI~'FORD MOVED' TO SET ORDINANCE FOR IIEARING JUNE 19 AND TIIE MOTION PA:~SED BY A VOTE OF 135 "YES" TO 9 "NO"; Davis voting negatively. (d) Ord. 79-30 "Provisions for the Accrual of Interest on Service Area Cash Balances to the General Fund in Lieu of Administrative Service Charges" ASSEbiBLY~IE,qBER ,~IcCLOUD ,xIOVED TO SET ORD. 79-30 FOR tlEARING JUNE 19 AND TIIEN I~iOVED TO A,~IEND SEC. 1, SECOND LINE BY ADDING AFTER "AREA FUND" TIlE $~/ORDS "OPEIL.~TING AND UNAPPROPRIATED". QUESTION I~/AS CALLED AND TIIE A~.iEND?4~NT APPROVED BY A VOTE OF 126 "YES" TO 18 "NO"; voting against the motion ~ere Arness and biartin. ' Assemblymembers Arness and ~lartin believed interest earnings from the service areas should not accrue to the general fund. During discussion, ~ir. tlille explained tee amendment made by bir. [icCloud clarifies the intent of the ordinance, ~hich is that any substantially large amount of money, such as for capital projects and sinking funds for debt servicd would accrue interest to the service area. The ordinance refers only to the temporary operating cash. QUESTION $~AS CALLED AND THE ORDINANCE AS AIqENDED I~AS SET FOR HEARING BY A VOTE OF 99 "YES" T(1 45 "NO"; voting against the motion were Arness, Davi. s, Douglas, Fischer and Nartin. (e) Ord. 79-31 "A Borough Homestead Enactment ProViding for the Acquisition of Title to Borough Lands by tlomestead and Improvement" ASSEMBLY~IE~IBER NARTIN ~iOVED TO SE~ THE ORDINANCE FOR ltEARING ON JULY 3, 1979. ASSEMBLYMEgBER DII~IICK ~I~V~D TO REFER THE ORDINANCE TO THE PLANNING CO~glISSION FOR RECO~IENDATIONS AI~ THE HEARING DATE TO BE LEFT OP. EN. TIlE I. IOTION TO REFER PASSED BY A VOTE OF 108 "YES" TO 36 "NO"; Davis, Douglas, Fischer and ~lartin voting against the motion. Ord. 79-32 "Rezoning Tract 3 in the Binkley Ai'rp'oYt Tracts in the City of Soldotna from the Unclassified District to I-Industrial District" ASSE~BLY~E~IBER I~kRTIN NOVED TO SET ORDINANCE FOR HEARING JUNE 19, 1979. ~ir. ~tartin stated this ordinance continues through the process ordered by the Board of Adjustment on Nay 1, 1979. QUESTION SfAS CALLED AND TIlE ORDINANCE t~AS SET FOR IlEARING Bt A VOTE OF 86.67 "YES" TO 57.$$ "NO"; voting against the ordinance ~ere Ambarian, Campbell, Cooper, Elson, .~loses, and NcCloud. (g) O{d. 79-3~ '~nending Sec. 2.08.120 o£ the BoroUgh Code Setting Out the Order of Business of the Assembly, and Section 2.08.150 of the Borough Code Regarding Public Presentations to the Assembly" - 4- KENAI PENINSULA BOROUGII ASSEMBLY REGULAR ~EETING ~IlNUTES I~IAY 1S~ 1979 PAGE'S' ASSEMBLYME~,IBER.McCLOUD [.IOVED TO SET ORDINANCE FOR IIEARING JUNE 19, 1979. AS'SEI~iBLY~IE~IBER ~(ARTIN HOVED TO AHEND SECTION 2 TO' INDICATE FOUR DAYS ~NSTEAD OF SIX Ah~D TO REVISE SECTION 1, THE ORDER FOR FOR/,tAL PRESENTATIONS TO BECOI, IE ITE,"I G, AND RENUMBERING F TO ti AND Il TO I. (Because the amendments relate to different sections of the ~rdtnance, the assembly agreed to accept the amevdment in 2 parts) VOTE IYAS TAKEN ON SECTION 1 TO REVISE TIIE ORDER FOR FOR~tAL PUBLIC PRESENTATIONS TO ITEM G AND THE blOTION FAILED BY A VOTE OF 18 "YES" TO 126 "NO"; favoring the motion were Douglas and ~lartin. ASSEMBLY~iEMBER CORR MOVED TO ~XlEND SECTION 2 TO READ "THE CLERK SHALL ACCEPT PUBLIC PRESENTATIONS IIITItIN TI~'O HOqRS OF THE TItlE THE PACKET GOES OUT ON TIIURSDAY" AND TIIE ,~fOTION FAILED BY A VOTE OF 18 "YES" T.) 126 "NO"; Corr and Martin voting for the motion. QUESTION ~/AS CALLED ON HR. }fARTIN~S FIRST A~IENDNENT $1HICH FAILED BY A VOTE OF 9 "YES" TO 155 "NO"; Martin voting affirmatively. VOTE $¥AS CALLED ON TIlE I, IAIN MOTION AND ORD. 79-$3 ~/AS SET FOR HEARING BY A VOTE OF 135 "YES" TO 9 "NO"; voting against the ~otton was Davis. Ih) Ord. 79-~4 "Amending Ch.'$~04 of th~ Borough Co~e"b¥ Enacting Sec. 5.04.021 to Require an Ordinance and PuSlic Hearing in Determining the Amount from Local Sources for School Purposes £or the Fiscal Year" ASS~iBLY~iE~iBER FISCHER ~IOVED TO SET 'ORDINANCE FOR HEARING JUNE 19 AND TIIEN MOVED TO REFER TO TIIE F~NANCE CO~ff~ITTEE. QUESTION I~AS CALLED AND THE MOTION TO REFER SfAS APPROVED BY A VOTE OF 135 "YES" TO 9 "NO"; Arness'voting negatively. H. PUBLIC PRESENTATIONS (with prior notice) la) )ir. T. C. Fuglestad; Assessments, Halibut Cove fir. Fugl~stad stated he' is representing the people o£ the Halibut Cove area who £eel that they receive very little in return for their tax dollars. - Based on the cype of land £ound in the Cove, and the lack o£ land sales in the area, the assessments are too high. Last year an ordinance was passed exempting the first $10,000 of assessed valuation fo~ residents. $~nenever an exemption is made, the lost re~,.,~ is made up in some manncr and in this case it seems to be made up by increasing assess- · onts. lb) ~trs. Betty liarren ~irs. l~arren expressed concern over the rising cost of borough government, the increase in assessments and the manner in which assessments are made in addition to the lack of adequate services for the tax dollar, lirs. $1arren stated the service area budgets in the North Kenai area are too high. Very few people use the Nikiski pool, and if the school district is going to use it, they should pay for that use or the borough should take over the'pool and everyone help pay for it. In reference to schools, she reported the people in North Kenai would rather have a Jr. lligh than to have portables or. an addition to the elementary school. - $ - .... "' "LTT'-'-':~ .......................... I/ ........l] I I I I Ill KIiNAt PIiN [ N.qUIoA BOI(OII(;ll ASSEMBLY RIi(;UI.AR bllili'l'IN(; ~!INUTIiS blAY 1St 1979,-- PA(II': 6 (C) bit. Jim Bass, Sterling Mr. Bass reported people.are unhappy with the trend of govern- ment and the rise in taxes. He referred to tho boyough allowing the state and federal governments to have access to rivers and stremns but not the individual; it has not addressed thc wetlands problem, lie believed there is too much planning and zoning and believed the homestead ordinance should have been introauced rather than sent to the planning commission where it will only be delayed, lie expressed appreciation that the assembly allowed ~like tlatten to continue his recycling operation. ~lr. Bas~ reported the school budget is too high and the assembly should consider cutting it next year. Mr. Bass hoped the borough assembly was diligently working toward securing road powers as there are numerous roads in the borough which need attention. I. CO~{ITTEE R~PORTS (a~ School Board '(Douglas) Mrs. Douglas did not attend the meeting. Mr. Corr reported the bids for the English Bay teacherage were ~oo high and it appears tho project may have to be rebid. The board discussed the site selection for the new Homer elementary schoo~ and recommended the assembly purchase a 62 acre site for $600,000. After the school has been constructed thc unneeded portion could be sold by the borough. (b) Cook Inlet Air Resources (Davis/Long) ~r. Davis reported there will be a meeting and hearing in Anchorage on Thursday, ~ay 17 at 4 p.m. (c) O£DP (Fischcr/~oses) Mr. Hoses reported the minutes of tho meeting of May ~ are on the desk tonight. (d) Finance Committee (Hille/Cooper/Crawford/Mcgloud/ Corr/Douglas) ~r. ~ille reported the ~ommittee continued to work on the budget and also on a personal property tax draft ordinance. The final draft should be in the next packet. The committee further con- sidered tho letter from Chief of Police Bencardino, Sewrrd, requesting a $15,000 grant for SCAN to administer more programs throughout the schools to combat the use of drugs and it was decided the asse~',ly cannot provide this type of grant. (e) Solid ~aste (Fischer/Martin/Cooper) Mr. Fischer reported the committee will be meeting prior to the June $ meeting. (f) Ro~ds and Trails (Long~Hartin/Co~r) Mr. Long reported the committe, met ~ednesday at 4 p.m. and £ollowed this up by going to Sterling ~o view the Leu Morgan Road. A report is forthcoming /rom the engineers and informa- tion should be available ~or the next meeting. (g). Ports and Harbors (Arness/Campbe11/Ambarian) No report (h) Local Af£airs (Campbell/A~barian/Dimmick/Arness) -6- KENAI PENINSULA BOROUGtl ASSEMBLY REGULAR )IEETING bilNUTES ~iAY 15~ 1979 PAGE 7 Mr. Campbell reported tho committee discussed the passage of SB 137 and its effect on this borough and then voted to proceed with the reapportionment plan as if the bill was not passed. In tho meantime the bill can receive additional study and perhaps be amended before the 1980 census. Mr Campbell reported the demographers at the University of Alaska cannot begin work on reapportionment plans for at least $0 days. As the committee does .lot feel ir can wait this length of time it is recommending the ~ayor, Attorney and Mr. Brogan, OEDP economist/st~titician, assist with the math0matics for several districting programs. (i) Legislative Overview (Long/Dimmick) Mr. Long called attention to the letter from Rrs. Dimmick which is on the table tonight, lie suggested the assembly give it some study and perhaps come back with recommendations. J. 'lAYeR'S REPORT (a) Finance Report (April, 1979) ASSEMBLYMEMBER HILLE )lOVED TO ACKNO{gLEDGE RECEIPT OF THE FINANCIAL REPORT FOR APRIL, 1979. UNANIMOUS CONSENT NAS GIVEN. K. SCHOOL CONSTRUCTION REPORT ia) Res. 79-55 "Accepting the Low Bids of Burton ~o. Inc., and Cordova Construction and Authorizing the Award of Contracts to Relocate Portable Classrooms in Homer and to North Kenai" (Correspondence from ~. Nard, Principals Hike1 and. Beauchamp) TABLED )fAY 1; 1979 ASSEMBLYMEbIBER CORR MOVED TO REMOVE RES. 79-55 FROM THE TABLE. THE MOTION PASSED BY A VOTE OF ]35 TO 9; Davis voting negatively. ASS~BLY~IL~IBER DOUGLAS MOVED TO ADOPT TIlE RESOLUTION AND TO AMEND BY DELETING FRO~ THE TITLE "and Cordova Construction" AND "and to North Kenai"; ALSO DELETING SECTION 2 OF THE RES- OLUTION AND RENUMBER SECTION ~ AND 4. Mrs. Douglas objecied to expending funds to relocate 2 double- wide trailers from Soldotna to the North Kenai Elementary school. She believed if the portables were moved as a stop gap measure ~he area would never get additional classrooms. The portables designated are in poor condition and she suggested considering alternative measures. ASSENBLYNEblBER FISCHER )lOVED TO SEND TIlE RESOLUTION TO THE FINANCE CO)~IlTTEE TO STUDY AND PROVIDE A COST ANALYSIS OF RES. AS~ENBLYME~IBER DAVIS )lOVED TO DIVIDE THE QUESTION; TO REFER TO THE FINANCE CO)~IITTEE THE QUESTION OF RELOCATING TIlE PORTA- BLE TO itOMER. QUESTION {gAS CALLED AND TIlE )lOTION FAILED BY A VOTE OF 61.66 "YES" TO 82.34 "NO"; Am)arian, Arness, Campbell, Douglas, Fischer, Long, )icCloud favoring the motion. QUESTION I~AS CALLED ON THE )lOTION TO REFER TO TIlE FIN~uNCE CO)I- MITTEE RELOCATING T{~O DOUBLE-WIDE PORTABLES TO NORTII KENAI AND THE MOTION FAILED BY A VOTE OF $$.8~ "YES" TO 88.I7 "NO"; Am)arian, Arness, Campbell, Dimmick, Elson and Fischer voting · affirmatively. - 7- KENA I PEN !NSIJIoA IIOROII(;II AS$1!I~IBL¥ REt;IJLAR l~lliliT I NG MINIJTIiS 1.1AY 15~...1979 PAGE 8 ASSE.%IBI,Y.~IE,~IBER DAVIS ~lOg'lil) TO A,~IENI) Till! ,~IAIN ~IOTION TO AI~ARI) TIlE BID TO CORDOVA EONS'I'RII(iTION TO llO~'li THE PORTABI,IiS TO NOR'I'll KENAI EI,EblEN'I'ARY. TIlE IlO'I'ION FAILEI) BY A VOI'E OF 24 "YES" TO 120 "NO"; Corr, Crm~ford, llosos voting affirmatively. QIIESTION ~tAS CALLED ON TIrE t. iAIN llOTION TO ADOPT RES. 79-55 AS &~I~NDED AND TIlE ~IOTION PASSED BY A. UI;ANI~IOUS VOTE. (b) Res. 79-64 "Accepting the Lo~ Bid of Brown Cons'truc~ion and A~arding a Contract for tho' East llomer Elementary Site Iaprovement Project" ASSEI. IBLY~IE~IBI!R LONG ~IOVED TO ADOPT RES. 79-64 AI~AR~IN~ Tile BID TO BROIiN CONSTRUCTION IN TIlE ~IOUNT OF $98~522 IN9 TIlE RESOLUTION IIAS UN~IMOUSLY ADOPTED. (c) Res. 79-66 "Accepting the Low Bid of Cordova Cofi'~tru~t'~on and Authorizing a Contract for Various I~provements at the Sterling Elementary 'School and the Tustu~ena Elementary School' ASSENBLY}IEHBER ~.iBARIAN glOVED TO ADOPT RES. 79-66 tN9 ItlTIIOUT DISCUSSION TIlE RESOLUTION IiAS ADOPTED BY A UNANI~iOUS VOTE. (d) Ile~o 79-84 "English Bay Teacher's Residence: Rejection of lid Results" The assembly noted receipt of the' ~emo rejecting the bids for the English Bay Teacherage, (e) Res, 79-63 "Authorizing the Purchase of 66.2 Acres '0f Land in Section 24, T6S, R14~/, S.li. for $562,700 for the Site of the Future Homer Elementary School" and ~,leao 79-89 ASS~BL~E~BER LONG ~IOVED FOR ~OPTION OF RES, ~fr, Cooper called attention to the memo from ~layor Gilaan ~hich states that if the land is purchased for a public purpose and later a portion is to be disposed of, an election ~ould have to be held vecause the value of the land is over $25~000. ' ASSEgfBL~t~iBER HILLE ~fOVED TO TABLE ~S, 79-63 MiD REFER IT TO THE FINANCE COKilTTEE TO LOOK INTO ALTE~ATE P~S. THE MOTION PASSED BY A VOTE OF 12~ "YES" TO 22 "~O'; Arness, Cra~ford and Davis voting negatively, (i)' Furniture and Equipment List for Sterling and Redoubt Elementary School and Honer ~igh School (appv 5-7-~9) ASS~iBL~t~IBER COOPER }.lOVeD TO APPROVE THE EqUIP~iENT LIST FOR THE ABOVE NOTED SCHOOLS, VOTE ~AS UN~I~IOUS FOR APPROVAL. L. OTHER BUSINESS (a) Re,. 79-6S "Accepting the Low Bid of Coastal Construction and Awarding a Contract for the Seldovia Landfill Access Road rroject" ASSEt~LsbI~.IBER CRAWFORD MOVED TO ADOPT RES. 79-65 AND TIlE RESOLUTION WAS ADOPTED BY A UNANIMOUS VOTE. Res, 79-61 "Avarding a Contract for the'Seldovia ~ite Development Project and Transferring Funds" II - 8- KENAI PENINSULA BOROUGII ASSEMBLY REGULAR MEETING MINUTES ~.iAY 18~ 1979 .... PAGE 9 ASSEMBLYMEMBER CRA~FORD MOVED TO ^DOPT RES. 79-61 AND WITHOUT DISCUSSION TIlE RESOLUTION I~AS UNANIMOUSLY ADOPTED. (c) Res. 79-62 "Awarding a Contract for the llomer L-~-6~t'iTl-~aintenance to Yenny's Construction, the Low Bidder" and Memo 79-86 ~SEMBLYMEMBER COO, ER MOVED FOR ADOPTION OF RES. 79-62 AND YIIE RESOLUTION WAS UNANIbiOUSLY ADOPTED. (d) Res. 79-59 "Rati£ying the Collective Bargaining Agreement l~egotiated Between the Kenai Peninsula Borough and the Kenai Peninsula Employees Associ- ation to Cover the Period Through June 30, 1981" (TABLED $-1-79) ASSEMBL~EMBER HILLE MOVED TO REMOVE ThE RESOLUTION FROM THE TABLE. PRES. ELSON ASKED IF TIIERE WAS OBJECTION AN9 AS THERE WAS NONE, CALLED FOR THE VOTE ON ADOPTION. TtIE MOTION PASSED BY A VOTE OF 106.~4 "YES" TO 37~6u "NO"; Ambarian, Amass, Davis and Diuuuick Voting negatively. As some Assemblymembers believed they were voting on removing the Resolution from the table instead o£ adoption, MR. FISCHER MOVED FOR IMMEDIATE RECONSIDERATION AND THE MOTION FAILED BY A VOTE OF 46 "YES" TO 98 "NO"; Cooper, Davis, Dimmick, Douglas and Martin voting in the affirmative. (e) Request for Waiver of Penalty and Interest; Thomas L. i Sherry Baldridge (Parcel No. 171-021-2900) A memo £rom Assessor Thomas reconuuended return o£ penalty and interest as the error was ~ade by the Assessing Dept. ASSEMBLYMENBER LONG MOVED TO GRANT TIlE WAIVER OF PENALTY AND INTEREST ON TIiE ABOVE PARCEL. ~OTION ~AS UNANIMOUSLY APPROVED. (f)Waiver o£ Penalty and Interest; R.C. ~ ~E. Rogers (Lot I Piatt Subd.) A memo from FinancF Director Barton recommends denial o£ the request. ASSEMBLYNEMBER LONG MOVED TO GRANT $¥AIVER OF PENALTY AND INTEREST FOR MR i MRS ROGERS AND THE MOTION FAILED BY A VOTE OF 61.66 "YES" TO 82.$4 "NO": Ambarian, Amass, Campbell, Corr, Douglas, Fischer and McCloud voting in favor of the request. M. MAYOR AND ASSEMBLY: COb~IENTS AND DISCUSSION (a) Mayor Gilman; Special Meeting Reported the Meeting May 22 at 6 p.m. will include the Planning Commission and representatives o£ D.E.C and Alaska Municipal League. (b) Mrs. Dimmick; Legislative Overview Committee She urged the assembly to read the ~eport referred to by Mr. Long concerning the Committee ahd perhaps offer suggestions. She also commented on inequities within the school system as referred to previously by Mrs. Douglas and stated very little has been expended on the Ninilchik School. The building needs renovation and-the school has asked for an.addition, but nothing has been done. -9 - { ' KENAI PI'~NINSULA BOROUGII ASSF.,~IBLY RI!GULAR IqEI!TI~G IqlNUTI~S ,MA.Y 1S~ 1979 PAGli lO (c) ~lr. Long;' excused absence lie requested being excused from the May 17 afternoon BeE as he would have to leave then to attend the Cook inlet Air Resources meeting in Anchorage; there was no objection. (d) Mr, McCloud requested the letter from Chief Bencardino be routed to the School Board. (e) Mr. Fischer asked for an excused absence for May 16 ' BOB; there was no objection. (f) Br. Cooper; Public Presentations tle referred to comments and the fhct that people complain because taxes are too high, some do not want planning and zoning, but then they do want the borough to asgume road powers and do road planning. (g) Mr. Corr requested a water fountain be put in the borough building and was informed fountains are included in the remodeling plaffs. N. PUBLIC PRESENTATIONS (none) O, INFORmaTIONAL MATERIALS AND REPORTS Pres. Elson called attention to the monthly school project status report, minutes and miscellaneous correspondence in the packet. · P. NEXT MEETING Pres. Elson reported the Board o£ Equalization will continue at 9 a.m. on May 16 with Budget Workshop beginning at Z:30 p.m. B.O.E. will continue May 17 at 9 a.m. On l.iay 22, 1~79 at 6 p.m. there will be a special meeting on the Clean Mater Act with B.O.E. continuing at 7:30 p.m., May 22 and final portion o£ B.O.£.. to be held May 23 at 9 a.m. Meeting adjourned at midnight. Date approved June 6~ 1979 ATTEST:. Borough clerk' ff -. - 10 - KI!NAI PF.N [ NSUI,A BOIIOU(;II ~IINUTE,S OF TIU! RI.:(;UI.AR AS.SI~IBIoY ~II-;ETING fIELD ~iA¥ 15~ 1979 FOLLOI~'ING B,Oolio BOROUGII At)~,I I N I STRAT I ON BU I 1,1) I NG P..O. BOX 850 SOLDOTNA, ALASKA 99669 I no AGENDA - CALL TO ORDER AND ROLL' CALL B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY C. SEATING OF NEW ASSEMBLY~lP. NBERS (none) D. AGENDA APPROVAL 1 1 Anended E. MINUTES: Nay 1, 1979 ~". ORDINANCE ttEARINGS t Appv as Corrc Ge (a) Ord. 79-20 "Revising the Zoning Code With'in 'the Municipal Boundaries of the City o£ Seward Regarding Miniium Lot Area, Churches and Mortuaries, and Lot Groups in Conunca Ownership" (b) Ord. 79-21 "To Establish and to Set For'th-the FunctiDns, Duties, and Responsibilities of ~he Boards o£ Directors of Service Areas ~ithin the Borough" (c) Ord. 79-25 "Appropriating $4,222,659 for Fi~cdl Year 1979-80 for School Purposes and the Annual School District Audit" 1. Res. 79-67 "Approving the Total ~nb~nt of the Borough School Dis- trict Budget for FY 1979-80" I~TRODUCTION OF ORDINANCES 1 Tabled 2 Enacted 3 Adopted ' (a) Ord. 79-11 "Amending Section 2.08.040 o'f the'Borough Code of Ordinances Re- lating to Abstention from Voting by Assembly ~lembers in Cases o£ Conflict of Interest" (b) Ord. 79-17 (Substitute) "Enacting Section 21081150 of the BoroUgh Code of Ordin- ances to Authorize the President of the Assembly to Appoint Committees o£ the Assembly to Hold Public Hearings £or the'Assembly" (from Finance Committee) (c) Ord. 79-29 "Providing r Comprehensive Z0hlng Code £or the Seldovia District" (d) Ord. 79-30 "Provisions for the Accrual of Interest on Service Area Cash Balances to the General Fund in Lieu of Admini- strative Service Charges" (e) Ord. 79-31 "A Borough Homestead Enactment Providing for the Acquisition o~ Title to Borough Lands by ttomestead and Improvement" Set for Hearing June 19, 1979 Set for lleari~g June 19, 1979 4 Set for Hearing June 19, 1979 4 Set for Hearing June 19, 1979 4 Referred to Planning.Conm Agenda for minutes of May 15, 1979 Page No. (f) Ord. 79~-52 "Rezoning Tract 3 in the Binkle¥ Airport Tracts in tile City of Soldotna £rom the Unclassi£ied District to I-Industrial District" (g) Ord. 79-$3 "Amending Section 2.08.120 ~f the Borough Code Setting Jut the Order of Business of the Assembly, and Section 2.08.1~ of the Borough Code Regarding Public Preser.~,ations t~ the Assembly" (h) Ord. 79-34 "Amending Ch. 5.04 of the Borough Cbde by Enacting Sec. 5.04.021 to Require an Ordinance and Public Hearing in Determining the Amount from Local Sources for School Purposes for the Fiscal Year" 4 Set for Hearing June 19, 1979 4 Set fo~ Hearing June 19, 1979 5 Referred to Finance Comm H. PUBLIC PRESENTATIONS (with prior notice) (a) Mr. T. C. Fuglestad, assessment Halibut Cove 5 (b) Mrs. Betty Warren, increased cost of borough operations 5 (c) Mr~ Jim Bass, various 6 I. COM}IlTTEE REPORTS (a) School Board (Corr) 6 Cb) Cook Inlet Air Resources Mgmt. Dist. 6 (c) OEDP 6 (d) Finance 6 (e) Solid ltaste 6 (f) Roads and Trails 6 (~) Ports and Harbors 6 ) Local Affairs 6 (i) Legislative Overview 7 J. ~L~YOR' S REPORT (a) Financial Repor~ (April, 1979) 7 K. SCHOOL CONSTRUCTION REPORT (a) Res. 79-55 "Accepting the Low Bids of Bh'rton Carver ~ Co., In~. ~,d' COrdova Construct'ion and Authorizing the Award · of Contracts to Relocate Portable Class- rooms in Homer and to North Kenai" TABLED S- 1- 79 (b) Res. 79-64 "Accepting the Low Bid of Brown Construction and Awarding a Contract for the East Homer Elementary Site Improvement Project" Nome 79°82 · (c) Res. 79-66 "Accepting the Low Bid of Cordova Construction and Authorizing a Contract for Various Improvements at tho Sterling Elementary School and the Tustumena Elementary School" Memo 79-81 (d) Memo 79-84 "English Bay Teacher's Residence: Rejection of Bid Results". 8 7 Adopted as Amended 8 Adopted 8 Adopted Agenda for Minutes of blay 15, 1979 · Co) Res. 79-63 "Authorizing the Purchase of §6'.2 Acres of Land itt Section 24, Township 6 South, Range'14 ;~'est, Seward Meridian, For $562,700 for the Site of the Future Homer 'Elementary School" Memo 79-89 Cf) Fu'rniture and Equipment List for Sterling Elementary, Redoubt Elementary, Homer High School (Approved 5-7-79) L. OTHER BUSINESS Ca) Res. 79-65 "Accepting the Low Bid of t0asial Construction and Awarding a Con- tract for the Seldovia Land£ill Access Road Project" Memo 79-85 .Cb) Res. 79-61 "Awarding a Contract for the ~eldovia Landfill Site Development Pro- ject and Transferring Funds" Memo 79-88 (c) Res. 79-62 "Awarding a Contract for tho Homer Cand£ill )taintenance to Yenney's Construction, the Low Bidder" llemo 79-86 Cd) Res. 79-59 "Ratifying the Collective ~hrgainin~ Agreement Negotiated Between the Kenai Peninsula Borough and the Kenai Borough Employees Association to Cover the Period Through June 30, 1981" (Tabled May 1, 1979) (e) Request for Waiver oE Penalty and Interest; (Baldridge) Request for Waiver o£ Penalty and Interest; (R. C, Rogers) M. )L~YOR AND ASSF~qBLY: CO~ENTS AND DISCUSSION (a) Mayor Gilman; special meeting (b) Mrs. Dimmick; Legislative Overview Conm (c) Mr. Long; excused absence (d) Mr. ~cCloud; routing of letter (e) Mr. Fischer; excused absence (£) ~r. Cooper; Publ~.: Presentations Mr. Corr; water fountain PUBLIC PRESENTATIONS Cnone) INFOR)~TIONAL MATERIALS AND REPORTS NEXT MEETING: May 16, 1979. 9 a.m. ~oge No. 8 Referred to Finance Comm .8 Approved 8 Adopted 8 Adopted 9 Adopted 9 Adopted 9 Approved 9 Denied 9 9 10 10 10 10 10 10 10 , KENAI PENINSULA BOROUGH MINUTES OF TIlE REGULAR ASSEMBLY MEETING MAY 15, 1979 BOROUGII ADMINISTRATION BUILglNG SOLDO?NA, ALASKA A. CALL TO ORDER AND ROLL CALL Pres. JoAnn Elson called the regular meeting to orde~ £ollowing the Board of Equaliz'tion Hearing which began at 7:30 p.m. PRESENT: Assemblymembers Ambarian, Arness, Campbell, Cooper, Corr, Crawford, Davis, Dimmick, Douglas, Elson, Fischer, Mille, Long, Martin, Moses, McCloud; Mayor 0ilman, Atty. Sarisky, Finance Director Barton, Public Works Director tlakert, Assessor Thomas, Planning Diro;tor ¥'mring ABSENT: None B. PLEDGE OF ALLEGIANCE AND/OR OPENING CEREMONY SEATING OF NEW ASSEMBLYMEMBERS (none) D. AGENDA APPROVAL The agenda was approved without objection with the following 'changes: Item L (g) Res. 79-67 moved to Item F(c)l. Item 79-21, Committee version o£ Service Area Ordinance added as Item E(b) and Ord. ?9-ll(Sub) deleted Item G(h) Ord. 79-34 added Item H(c) Mr. Jim Bass added E. MINUTES: May l, 1979 Mr. Corr requested correction to Page 7, Item I(c), Res. ?9-$7, which should have indicated Mr. Long abstained £rom voting. The clerk noted the correction and the minutes were approved. F. ORDINANCE HEARINGS: (a~ Ord. 79-20 'Revisi~g the Zoning Code Within ~he Municipal Boundaries o£ the City c{ Seward Regarding Minimum Lot Area, Churches and Mortuaries, and Lot Groups in Common Ownership" The ordinance was read by title only as copies were available for t~e public. Public hearing was'opened and as no one wish~g to speak, was closed. ' ASSI~IBLYML~iBER McCLOUD MOVED FOR ENAC~NT OF ORD. 79-21 AND THE ORDINANCE ~AS UNANIMOUSLY ENACTED. (b) Ord. 79-21 "To Establish and to Set Forth the'Functions, Duties, and Responsibilities · of the Boards o£ Directors of Service Areas Within the Borough" The ordinance was read by title only as copies were available for the public. Public hearing was declared open. Mrs. Chris Martin, Nikiski Fire ~ervice Area Boardmember, requested · the assembly table the ordinance as Sec. 16.04.001 of the substi- tute ordinance negates Sec. 16.04.090, powers given the board of directors in the original ordinance. She reported the sub- KENAI PENINSUI,'A I~OROU(;II ASSEfqBI,Y IH!GUI,AR MEI?I'INC MINUTES MAY 15~ 1979 PAGE 2 stitute'ordinance' was not mailed to the service area boards and requested in the future that the assembly con.~ider allowing the service area boards to have a reptesentative present at the assembly committee meetings to speak for the board and tho community. Committee Chairman Campbell took exception to Mrs. blarti~'s ~-tatemont reporting board members were advised the committee was working on the ordinance. ,'.Ir. Koehler and ~lrs. Linda l~oods sat through most of the two months of nteetings, tie stated if any area had input it was Nikiski. Because of suggestions from the North Kenai boards, the ordinance presented is a very dif- ferent document from the original drafts. Ho added had the board drafted its own ordinance it would not be in the form it is today. This was an honest attempt to reach a compromise. Mrs. Linda lqoods, Chairman of North Peninsula Recreation Service Area Board, reported her board was represented ab the committee ~eetings. She requested tho ordinance be tabled as misinforma- tion had been received in Nikiski from the Clerk's Office con- cerning the date of hearing. The Board was told the hearing ~as scheduled for June 5. bit. Kurt Kristinsen, Nikiski, participant at service area board meetings, reported the ordinance presented by the committee is commendable, tie reminded the assembly that it can delegate certain powers to a service area and past history has shown there has been no abuse by the boards of those powers delegated to them. lie suggested changing Sec. 16.04.090~ which deals with the board of directors. The section states the board shall be composed of S or more members. He believed a board could func- tion better ~¢ith at least 7 members as 5 member boards have problems getting a quorum. Sec. 16.04.220 Procedures-Conduct of Affairs - lleetings, states the board may adopt by-la~s or regulations and may adopt rules of procedure. Ilo believed this should read "shall". In the past the No. Peninsula Recreation Board has not had by-laws and the board has operated in'a vacuum. He stated this service area presenLly serves the largest popu- lation in the borough and is fullfilling a very needed service. As there was no-one else'wlshing to be heard on Ord. 7~-21, public hearing was closed. ASSBI~BLI~it~IBER ARNBSS ~IOVED FOR ENACT~iBNT OF ORD. 79-21. .~ir. Arness reported the committee sent the first draft ordinance to the boards in November 1978 with the request that written reco~nendations be presented prior to January 10, 1979. The ordinance was then sent back to them in revised form and finally ~as drafted in this final £ormat. Nikiski board members were present and ~eco~mcaded changes in addition to letters from the Nikiski Fire Service Area and Central Peninsula llospital Board providing input. The boards wanted line item control of the budget which is not possible. The committee did make a number of concessions asked for. ASSEbIBLY~E~dBER DAVIS ~fOVED TO TABLE THE ORDINANANCE AT TIlE REQUEST OF THE PUBLIC AND THE blOTION PASSED BY A VOTE OF 90.34 "YES" TO 53.66; Ambarian, Arness, Campbell, Cooper, Dimmtck and McCloud voting against the motion. (c) Ord. 79-23 "Appropriating $4,222,659 for FTTg"/'/J~ for School Purposes and the Annual School District Audit" The ordinance ~as read by title only as copies ~ere available £or the public. Public hearing was declared open. ° 2' ' KENAI PENINSULA BOROUGIi ASSE~IBLY REGULAR NEIiTING I/INUTES MAY 1S~ 1979 PAGE Mr. Truman Knudsen stated the borough'is going to expend approx~ imately $22,000,000 on the school budget, of which about 1/6 will be derived from borough funds, lie believed the budget to be out of line as there is no justification for spending over $4,00v per.pupil per year. tlc doubted inflation had caused such an increase in cost and reported he can send 3 children to ~rtvate school for one year for just over $3,000. lie did not elieve the quality of education was three times better in the public school system. As there was no one else wishing to be heard, public hearing was closed. ASSEMBLY~ENBER NcCLOUD MOVED FOR ENACTMENT OF ORD. 79-25. Mr. Davis request;d the record indicate his objection to holding public he~rini on Old. 79-23 at this time as it is after the fact. The assembly has already established the amount for the local share. Nr.'Corr commented the school board holds work sessions and public hearings on their budget and at that time the public has an opportunity to supply input. Mr. Fischer shared the same feeling ps Mr. Davis and because of this he is introducing an ordinance tonight to correct the situation. ASSEMBL~iEMBER I~ARTIN MOVED TO TABLE ORD. 79-25 AND TIlE NOTION FAILED BY A VOTE OF 36 "YES" TO 108 "NO"; Davis, Douglas, Fischer and Martin favoring the ~otion. ~UESTION ~AS CALLED ON TIlE MAIN NOTION AND Tile ORDINANCE ~AS ENACTED BY A VOTE OF 98 "¥E~' TO 46 "NO'; Arness, Cooper, Davis, Douglas and Martin voting negatively. 1. Res. 79-67 "Approving the Total A~ount o£ ~ho Borough School District Budget for FY 1979-$0" ASSL~IBLYML~ER NOSES MOVED FOR ADOPTION' OF RES. 79-67. THE RESOLUTION {VAS Al)OPTED WITtlOUT DISCUSSION BY A VOTE OF 98 "YES" TO 4§ "NO"; voting against the resolution were Arness, Cooper, Davis, Douglas, Martin. ~. INTRODUCTION OF ORDINANCES (a) Ord. 79-11 '¥unending Sec. 2.08.040 of the Borough Code o£ Ordinances Relating.to Abstention from Voting by Assemb}y]nembers in Cases of Conflict o£ Interest" (Referred to Finance Com. w/out setting ~or hearing ~arch. 6, 1979) ASSEMBLYMENBER ARNESS ~OVED TO SET ORD. 79-11 FOR HEARING JUNE 19 AND TIlE MOTION I~AS APPROVED WlTIIOUT DISCUSSION BY A VOTE OF 105 "YES" TO 41 "No"; voting against the motion were Cooper, Corr, Crawford, Long and Martin. ~b) Ord.' 19-17 (Sub) "Enacting Sec. 2.08.150 of the Borough Code of Ordinances to Authorize the President of the Assembly to Appoint Committees of the Assembly to ilold Public Ilearings for the Assembly" (from Finance Com.) ASSEMBLYME)~ER DI)~ilCK MOVED TO SET ORD. ~9:17 (Sub) FOR IIEARING JUNE 19.AND Tile ORDINANCE WAS S~T FSR tlEARING WITIIOUT' DISCUSSION BY A UNANINOUS VOTE. - 3- ~W KENA ! I'EN ! N.SI!IoA BOROII(;II A:;:;EMIH.Y RIi(;UI.AR ,~H!IiT IUG HINlYI'F.S HAY I..5_~ 1979 I'AGI~ 4 Cc) Ord. 79-29 "Providing: a Comprehensive Zen.lng L'~t~--i'~-The S61dovi,~ District" ASSE?.IBLYHEMBER CRAIqFORI)'MOVED TO SET ORI)INANCE FOR IIEARING JUNE 19 ANI) TIIE MOTION PASSED BY A VOTE OF 135 "YES" TO O "NO"; Davis voting negatively. Ord. 79-30 "Provisions for the Accrual of Interest on Service Area Cash Balances to the General Fund in Lieu of Administrative Service Charges" ASSEbIBLY,XlE~4BER McCLOUD ;.lOVED TO SET ORD. 79-30 FOR ilEARING JUNE 19 AND TIIEN IqOVED TO AMEND SEC. 1, SECOND LINE BY ADDING AFTER "AREA FUND" TIlE {~'ORDS "OPERATING AND UNAPPROPRIATED". QUESTION SqAS CALLED AND TIIE A~.IENDMENT APPROVED BY A VOTE OF 126 "YES" TO 18 "NO"; voting against the motion ~tere Arness and Martin. Assemblymembers Arness and Martin believed interest earnings £rom the service areas should not accrue to the general fund. During discussion, ~r. llillo explained tNe amendment made by Hr. NcCloud clarifies the intent of the ordi-ance, which is that any substantially large agount of money, such as ~or capital projects and sinking funds for debt service ~ould accrue interest to the service area, The ordinance refers only to the temporary operating cash. QUESTION NAS CALLED AND TIlE ORDINANCE AS AMENDED ~qAS SET FOR tlEARING BY A VOTE OF 99 "YES" TO 45 "NO"; voting against tho motion were Arness, Day.is, Douglas, Fischer and- }.tartin. Ord. 79-31 "A Borough Homestead Enactment Providing for tho Acquisition of Title to Borough Lands by llomestead and Improvement" ASSEMBLYbIEMBERMARTIN MOVED TO SET TIIE ORDINANCE FOR IIEARING ON JULY 3, 1979. ASSEMBLYNEMBER DllVlI~IlCK )lOVED TO REFER TIlE ORDINANCE TO TIlE PLANNING COMHISSION FOR'RECObl3IENDATIONS AND Tile llEARING DATE TO BE LEFT OPEN. THE ~40TION TO REFER PASSED BY A VOTE OF 108 "YES" TO 36 "NO"; Davis, Douglas, Fischer and ~lartin voting against the motion. (0 Ord. 79-$2 "Rezoning Tract 3 in the Binkley Air~ort Tracts in the City of Soldotna from the Unclassified District to 1-Industrial District" ASSBI. IBLYMEMBER I~L~RTIN MOVED TO SET ORDINANCE FOR HEARING JUNE 19, 1979. Mr. b~rtin stated this ordinance continues through the process ordered by the-Board of Adjustmant on ~ay z, I979. QUESTION WAS CALLED AND TIlE ORDINANCE {qAS SET FO~ IIEARING BY A VOTE OF 86.67 "YES" T~ 57.33 "NO"; v'ting against the ordinance were Ambarian, Campbell, Cooper, Elson, ~oses, and McCloud.- Cg) Ord. 79-33 "Amending Sec. 2.08.120 of the Borough 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" -4 - t , KENAI PI!NINSIILA BOROIIGll ASSEMBLY REGULAR ~4EI!TING ~IINUTIiS ~IAY 15t 1979 PAGI~ S ASSEMBI,YMEMBIiR McCI, OUI) HOVED TO SET ORDINANCE FOR IIEARIi~G JUNll 19~ 1979, ASSEMBI,Y~IE,MgER )IAR'I'I~ HOVED TO ~.fliNl) SECTION 2 TO INI)ICATI; POUR DAY5 INSTEAI) OF SIX A~I) TO REVISI~ L~C'I'IO~ 1~ TIII~ ORDER I:OR FOIU,IAL PRESENTATIOI4S TO BECOME ITEM G, AND RENU~IBIiRING F TO Il ANI) Il TO I. (Because the amenc..~ents relate to different sectiona of the ordinance, the assembly agree~ to accept the amendment tn 2 parts) VOTE I~AS TAKEN ON CECTION 1 TO REVISE TIIE ORDER FOR I:OI~L PUBLIC PRESENTATIONS TO If~ G AND THIi MOTION l:AIl, lil} BY.A VOTE OF 18 "YES" TO 126 'NO"; favoring the motion ~ere Douglas and Martin. A$$EMBLYME~IgER CORR MOVED TO ~II!ND SECTION 2 TO READ "TILE CLERK SHALl. ACCEPT PUBLIC PRESENTATION5 I~ITIIIN T?IO HOURS OF TIlE TIME THE PACKET 60~ OUT ON THURSDAY" AND TIlE MOTION FAILED BY A VOTE OP 18 "YE?' TO 126 "NO"; Corr and ~artin voting for tho ~otion. QUBSTION ~A5 CALLED O~ NR. MARTIN*S FIRST ~I~ENDblENT I'IIilCIi FAILED BY A VOT~ OF 9 "YES" TO 1~5 "NO"; Martin voting affirmatively. VOTE ?lAS CALLED ON TIIE blAIN NOTION AND ORD. 79-~I ~AS SET FOR H~ARIN6 BY A VOT~ OF 1~5 "YES" TO O "NO"; voting against tho ·otion was Davis. (h) Ord. 79-34 "Amending Ch. 5.04 of the Borough ~nacting Soc. 5.04.021 to Require an Ordinance and Public Hearing in Determining tho ~ount from Local Sourcor for School Purposes for tho Fiscal Year" ~RMBLYt. IRMB~R FISCHER ~IOVED TO SET ORDINANCE FOR HEARING 19 ~D THEN I4OV~D TO REFER TO TIlE PIN,CE COMI4ITTEE. QUESTION ~A$ CALLED AND THE }lOTION TO REFER I~AS APPROVED BY A VOTE OF 1~$ 'YB$" TO 9 'NO'; Arness voting negatively. H. PUBLIC PRESENTATIONS (with prior notice) (a) ~r. T, C. Fuglostad; Assessmonts~ Halibut Cove Nr. Puglestad s~atod h0 is represonting tho people of the Halibut Cove area who fool that they recotvo very little ia return for their tax dollars. · Based on tho type of land found in tho and tho lack of land sales in tho area, the assessments are too high, Last year an ordinance ~as passed exempting the first ~10,000 of assessed valuation for residents, l'~enever an elo~ptton is mado~ tho ~st r~.~e is made up in some manner and in this caso it soo..o to be made up b~ increasing assess- (b) ~rs. Betty l~arron ~lrs. ~arren expressed concern over the rising cost of borough government ~ tho increase in assessments and the manner in ~hich assessments sro made in addition to the lack of adequate s~rvices for tho ~ax dollar. ~lrs. ~arren stated the service area budgets tn tho North gonai area are too high. Very few people uso tho Niktski pool, and if tho school district is going to uso it, they should pay for that use or tho borough should take over the pool and everyone help pay for it. In reference to schools~ she reported the people in North genai ~ould rather have a Jr. High than to have portables or an addition to the olementary school. KEN^I PENINSULA BOItOIIGIt ASSti,~IBLY RI~GUI,AR ~.11~I~1'lNG MINUTES (c) Mr..Jim Bass, Sterling Mr, Bass reported people are unhappy with the trend of govern- meat and the rise in taxes, .lie referred to the borough ;zllowing the state and fedora! governments to have access to rivers and streams but ~lot the individual; it'has not addressed the wetlands problem, lie believed there is too much planning and zoning and believed the homer;toad ordinance should have been introduced rather than sent to the planning commission where it ~ill only be delayed, Ilo expressed ~ppreciatlon that the assembly allowed I. like llatten to continue his recycling operation, Mr. Bass reported the school budget is too high and the assembly should consider cutting it next year, blt, Bass hoped the borough assembly was diligently working toward securing road powers as thoro are numerous roads in the borough which need attention, I. CO~flTTEE REPORTS ~'School Board (Douglas) Mrs. Douglas did not attend the meeting. Mr. Corr reported the bids /or tho English Bay teacherage wore ~oo high and it appears tho project may have to be rebid. The board discussed the site selection for oho new Homer elementary school and recommended the assomb.ly purchase a 62 acre site for $600,000. After the school has been constructed the unneeded portion could'be sold by the borough. Cb) Cook Inlet Air Resources (Davis/Long) Mr. Davis reported there will be a meeting and hearing in Anchorage on Thursday, May 17 at 4 p.a. (c) OEDP (Fischer/Moses) Mr, Hoses reported the minutes of the meeting of May 3 are on tho desk tonight, (d) Finance Co~mittee (Bille/Cooper/£rawford/McCloud/ Corr/Douglas) Mr. Hillo reported tho committee continued to work on the budget and also on a personal property tax draft ordinance. The final draft should be in the next packet. The committee further con- sidered the letter from C~iof of Police Bencardino, Seward, requesting a $15,000 grant for SCAN to admioister more programs throughout the schools to combat the use of drugs and it was decided the assembly cannot provide this type of grant. (o) Solid $~aste (Fischer/Nartin/Coop~r) Mr. Fischer reported tho ~ommittee ~ill be meeting prior to tho Juno 5 meeting, (f) Rotds and Trails (Long/Martin/Corr) :;r, Long reported tho committee met Wedr.~sday at 4 p.m. and followoo this uv by going to Sterling to view the Leu ~lorgan Road. A report-is forthcoming from the engineers and informa- tion should be available for the next meeting. (g) Ports and ~arbors (Arness/Campbell/Anbaiian) No report (h) Local A£~atrs (CampbelX/Ambarian/Dimmick/Arness) -6- f-- KENAI PENINSULA BOROUGIi ASSP..qBLY RI;.GULAR ~.IEE'rING MINUTES HAY .1.5., 1979 PAGE 7 Hr. Campbell reported the committee dtscugsed the passage of SB 137 and its e£fect on this borough and then voted to proceed with the reapportionment plan as if the bill was not passed. In the meantime the bill can receive additional study and perhaps be amended before the 1980 census. Nr. Campbel! reported tho de~llographers at the University of Alaska cannot begin.work on reapportionment plans for at least 30 da.'s, As the committee does not feel it can wait this leng,.~ of'time it is recommending the Bayer, Attorney and blt. Brogan, OEDP economist/statitician, assist with the math ~tatics for several districting programs. (i) Legislative Overview (Long/Dimmick) Mr. Lon~ called attention to tho letter from ~irs. Dimmick ~hich is on the table tonight, lie suggested the assembly give it some study and perhaps come back with recommendations. J. ~YOR~S REPORT Ca) Finance Report CApri1, 1979) ASSEMBLYMEMBER HILLE ~IOVED TO ACKNOWLEDGE RECEIPT OF THE FINANCIAL REPORT FOR APRIL, 1979. UNANIMOUS CONSENT WAS GIVEN. K. SCHOOL CONSTRUCTION REPORT (a) Res. 79-55 *'Accepting the Lo~ Bids of Burton Carver & Co. Inc., and Cordova Construction and Authorizing the A~ard of Contracts to Relocate Portable Classrooms in Homer and to North £enai" (Correspondence from ~. ~ard, Principals tlikel and Beauchamp) TABLED }~AY 1~ 1979 ASSL~LYMI~IBER CORR MOVED TO RE~OVE RES. 79-55 FROM THE TABLE. THE MOTION PASSED BY A VOTE OF 155 TO 9; Davis voting negatively. ASSL~IBLYI4L~fBER DOUGLAS ~IOVED TO ADOPT TIlE RESOLUTION AND TO ANEND 'BY DELETING PROM THE'TITLE "and Cordova Construction" AND "and to North Kenai'; ALSO DELETING SECTION 2 OF THE RES- OLUTION AND RENUNBER SECTION 3AND 4. Mrs. Douglas obJoc{ed to expending funds to relocate 2 double- ,ldo trailers £rom Soldotna to the North Kenai Elementary school. She believed if the portables wore moved as a stop gap measure .the =rea ~ould never get sdditio,~l classrooms. Tho portables designated are in poor condition and she suggested considering alternative measures. .~SEMBLYNENBER FISCHER MOVED TO SEND TIlE RESOLUTION TO TIlE FINANCE COI~IITTEE TO STUDY AND PROVIDE A COST ANALYSIS OF RES. ASSEbIBLY~IL~IBER DAVIS ~IOVED TO DIVIDE THE QUESTION; TO REFER TO TIlE FINANCE CO}~ITTEE TIlE QUESTION OF RELOCATING TIlE PORTA- bLE TO-HOMER. QUESTION I~AS CALLED AND Tile HOTION FAILED BY A VOTE OF 61.66 "YES" TO 82.34 "NO"; Ambarian, Arness, Campbell~ Douglas, Pischer~ Long, gcCloud favoring the motion· qUESTION ~/AS CALLED ON THE }lOTION TO' REFER TO TILE' FINANCE COH- NITTEE RELOCATING TKO DOUBLE-~I~E PORTABLES TO NORTII KENAI AI~D THE MOTION FAILED BY A VOTE OF SS.83 "YES" TO 88.17 "NO"; A~barian, Arness, Campbell~ Dt~ick,.Elson and Fischer voting affirmatively. - 7- KENAI PI.iNINSUI.A I~OROUt;II ASSEMBLY RE(iUI.AI{ ~lliliTIN{; MINUTES ~¥ 15~ ,~07o PAGI.: ASSIiqliI,¥MEMBEI{ I)AVIS MOVEI1 TO AMEND TIlE ~IAIN MOTION TO AWARI) TIlE BID TO CORDOVA CONSTRUCTION TO ,~lOVli TllIi PORTABLI!S TO NORTI{ KIiNAI ELEMENTARY. TIlE HOTION FAILEI} BY A VOTE OF 24 "YES" TO 120 "NO"; £orr, Crab, ford, ~loscs voting affirmatively. QUESTION WAS CALLED ON TIII.~ MAIN MOTION TO ADOPT RES. 79-55 AS A~IENDED AND Tile ,~lO'rION PASSEl} BY A UNANIMOUS VOTE. [b) Res. 79-64 "Accepting the Low Bid of Brown Construction and Awarding a Contract £or the East llomer Elementary Site Improvement Project" ASSE~IBI,YbiEMBER LONG MOVED TO ADOPT RES. 79-64 AWARDING TIIE BID TO BROWN CONSTRUCTION IN TIlE A~IOUNT OF $98,522 AND TIlE RESOLUTION $VAS UNANI~IOUSLY ADOPTED. (c) Res. 79-66 "Accepting the"Low Bid of Cordova Cbnstructi'on and Authorizing a Contract for Various Improvements at the Sterliug Elementary "School and the Tus. tumena Elementary School" ASSE~BLYME~IBER ~XlBARIAN NOVED TO ADOPT RES. 79-66 AND WITHOUT DISCUSSION TIlE RESOLUTION ~fAS ADOPTED BY A UNANI~dOUS VOTE. (d)Memo 79-84 "English Bay'Teacher*s Residence: Rejection o~ Bid Results" The assembly noted receipt of the memo rejecting the bids for the English Bay Teacherage. (e) Res. 79-63 "Authorizing the Purchase of 66.2 Acres o~ Land in Section 24, T6S, R14W, S.M. for $562,700 for the Site o£ the Future Homer P. lementary School" and Memo 79-89 ASSE~iBLYME:.IBER LONG MOVED FOR ADOPTION OF RES. 79-63. bit. Cooper called attention to the memo from blayor Gilman which states that if the land is purchased for a public purpose and later s portion is to be disposed of, an election ~ould have to be held because, the value .of the land is over $2S~000. ASSE~,IBLYMEMBER HILLE MOVED TO TABLE RES. 79-63 AND REFER IT TO THE FINANCE CO~4ITTEE TO LOOK INTO ALTERNATE PLANS. TIlE ~IOTION PASSED BY A VOTE OF 122 "YES" TO 22 "NO"; Arness, Crawford and Davis voting negatively. (f) Furniture and Equipment List for Sterling and Redoubt Elementary School and Homer High School (appv 5-7-79) ASSEMBLYNEM~U.R COOPER MOVED TO APPROVE Tile EQUIP~IENT LIST FOR TItE ABOVE NOTED SCHOOLS. VOTE ~lAS UNANIMOUS FOR APPROVAL. L. OTHER BUSINESS (a) Res. 79-65 "Accepting the Low Bid o~ Coastal Cons'tructlon and Awarding a Contract for the S,.ldovia Landfill Access Road Project" ASSEI~iBLYMEMBER CRAWFORD MOVED TO ADOPT RES. 79-6S AND TIlE RESOLUTION SVAS ADOPTED BY A UNANI.~iOUS VOTE. (b) Res. 79-61 "Awarding a Contract for the Seldovia. L~ite Development Project and Transferring Funds" KENAI PENINSULA BOROUGI! ASSEMBLY REGULAR MEETING MINUTES ' MAY' .15~. 1979 PAGE' 9 ASSEMBLYMEMBER CRAWFORD MOVED TO At)OPT RES. 79'61 AND WITIIOUT DISCUSSION TIlE RESOLUTION {VAS UNANIMOUSLY ADOPTED. Res. 79-62 "Awarding a Contract for the Ilomor L'~-n-~['i't-lT~aintenance to Yenny's Construction, the Low Bidder" and Memo 79-86 ASSEMBLYMEMBER COOPER MOVED FOP ADOPTION OF RES. 79-62 A~D Tile RESOLUTION WAS UNANIMOUSLY ADOPTED. (d) Res. 79-59 "Ratifying the Collective Bargaining AgYeement Negotiated Between the Kenai Peninsula Borough and the Kenat Peninsula Employees Associ- ation to Cover the Period Through June 30, 1981" (TABLED '5 - 1 - 79) ASSEMBLYMEMBER IIILLE MOVED TO REMOVE Tile RESOLUTION PRObl TIlE TABLE. PRES. ELSON ASKED IF TIIERE I~AS OBJECTION AND AS THERE WAS NONE, CALLED FOR THE VOTE ON ADOPTION. THE MOTION PASSED BY.A VOTE OF 106.34 "YES" TO 37.66 "NO"; Ambarian, Arness, Davis and Dimmick Voting negatively. As some Assemblymembers believed they were voting on removing the Resolution from the table instead of adoption, MR. FISCHER MOVED FOR II~tEDIATE RECONSIDERATIO~ AND THE MOTION FAILED BY A VOTE OF 46 "YES" TO 98 "NO"; Cooper, Davis, Dimmtck, Douglas and Martin voting in the affirmative. '(e) Request for Waiver o£ Penalty and Interest; Thomas L. ~ Sherry Baldridge (Parco1 No. 171-021-2900) A memo from Assessor Thomas recommehded return o£ penalty and interest as the error was made by the Assessing Dept. ASfiEMBLYMEMBER LONG MOVED TO GRANT THE itAIVER OF PENALTY AND INTEREST ON THE ABOVE PARCEL. MOTION WAS UNANIMOUSLY APPROVED. (f) ~aiver of Penalty and Interest; R.C. ~ K.E. Rogers '(Lot I Platt Subd.) A memo from FinancF Directdr Barton recommends denial of the request. ASSEMBLYMEMBER LONG MOVED TO GRANT WAIVER OF PENALTY AND INTEREST FOR MR ~ ~ffiS ROGERS AND THE MOTION FAILED BY A VOTE OF 61.66 "YES" TO 82.$4 "NO": Ambarian, Arness, Campbell, Corr, Douglas, Fischer and McGIou~ voting in favor of the request. M. MAYOR AND ASSEMBLY: ~OMMENTS AND DISCUSSION (a) Mayor Gilman; Special Meeting Reported the Meeting May 22 at 6 p.m. will include the Planning Commission and representatives of D.E.C and Alaska Municipal League. (b) Mrs. Dimmick; Legislative Overview Committee She'urged the assembly to read the report referred to by Mr. Long concerning the Committee and perhaps offer suggestions. She also commented on.inequities within the school system as referred to previously by Mrs. Douglas and stated very little has been expended on the Ninilchik School.. The building needs renovation and the school has asked £or an addition, but nothing has been done. -9- KEN^! PENI'N,qULA BOROU(;]I ASSEHBI,Y IH~(;UI,AP, blI.:I~'rlNG blINU'I'I!S MAY 15, .1.979_. I'A(;E 10 (c) ~lr. Long; excfised absence He requested being exctised from the May 17 afternoon BOE as he would have to leave then to attend the Cook Inlet Air Resources meeting in Anchorage; there was no objection. (d) Mr, llcCloud requested the letter from Chief Bencardino be routed to the School Board, (e) Mr, Fischer asked for an excused absence for llay 16 BOE; there was no objection. (f) Mr, Cooper; Public Presentations He referred to comments and tho fact that people complain because taxes are too high, some do not want planning and zoning, but ~hen they do want the borough to assume road powers and do road planning, (g) Mr. Corr requested a water fountain be put in the borough building and was informed fountains are included in. the remodeling plaffs. N. PUBLIC PRESENTATIONS (non~) O. INFOPJ~TIONAL }~TERIALS AND REPORTS Pres. Elson called attehtion to the monthly school project status report, minutes and miscellaneous correspondence in the packet. P. NEXT M£ETIN~ Pres. Elson reported the Board of Equalization will continue at 9 a.m. on May 16 with Budget Workshop beginning at 7:30 p.m. B.O.E. will continue ~lay 17 at 9 a.m. On }lay 22, 1979 at 6 p.m. there will be a special meeting on the Clean ~ater Act with B.O.E. continuing at 7:30 p.m., May 22 and final portion of B.0.E. to be hold Nay 23 at 9 a.m. Neeting adjourned at midnight. Date approved June ATTEST:. BoroUgh Clerk mff-E-l~bn/AsSembly Pre'sid~nt - 10 - June 18, 1979 Kayo~ Vincent. ORatlly Council of the C~ty of Kenai Box ~80 Ken,t, AK 99611 De~r ~tro ~yor o~d Council Members8 would like to present for your consider~tion to purchase the follow~n~ described Dump TrUOko 1~ I~TERNATIONA~. F-20~0A Fleetstar 1~" ~heelbase PRICEs $~2,~00.00 L~cense #610~A~ Ser~l No. D-L~B2~I~I - ~omet~ 1~,700 ~ei~t~2~80 ~not "Top ~ the Line*' ~ - ~0 ~l 6 cyl~ i~ne - w~ sl~vel ~ C~ D~o1 uLth Clu~ ~" 2 P~te ~a~" C~ S~t~ ~5 A~. B Volt De~o ~t~s ~ ~h 6 Volt - 2~ ~. ~lco C~t H~W D~y ~t~ ~th A~ O~t~o~l ~tor Shutt~ 2t~ Co~-S~s ~v~ Control T~w Hockss Du~l Front Hood 8nd Fenderst T~lt "One l~eoe# F~ber~a~s ALT Ho~nss Dua~ ¢l~Tone; DO6f ffounted Fuel Tankss Dua~ ~0 _~,I. with safety steps Air T~nkss Du~l u~th ~utom~tic bleeder F~lte~ss DOll Fuel 8~d 0il Fz~mos Double Ch~n~el Steel Front Axle ~nd Spr~n~s8 Rockwell 1~,000 lb. B~tkest Atto ICelsy-H~Lye~ (a~ wheels) Bmkeos ~h ~eel, ~il~ ~rs R~ S~ce L~ne . S~ionf H~cMon ~80 (~,000) ~t Fronts ~ee L~.~J R~8 Nee ~ 10.0~O T~t A~ 0~mt~ Pintls H~k l~e 1 of 2 J , Po~e 2 of 2 City of Kenai Joseph No Rose 197~ Inter~tLon~l Dunp Truck Con%Lnuedt Trans~ssions RT-613 Fuller 13 Speed DSS£erentiale, Eat~n 38,000- 5.37J5.37 ~th Forward Air Looking IHTE~IORt Custos Paekage Front Se~ts National Cush ~N# Air M:l. rrorss Due,1 Cab Support, as DU~ BOXs Hell 3~ ft. u~th Air Ope~ted Cate BOOKSs Comploto Sot; Parts and ~echan~c~l u~th L~ne Sheets 't/78 oo ( / Joseph M. Ross ~ P.O. Box 2~0 Kenat, AS: 9~11 ~d Council of the C~ty of ~ ~x ~0 . ...~..e like to ~nt ff~ y~ court, on to ~e the *'~';~:'~' "~ ~ 'To ~ the Li~" ~ - ~0 ~j 6 cyli~ t~ - u~ sle~el -:':;~C~ S~s 6~ A~. ~ Volt ~ . :'7~ ': ~5~~s ~ ~h 6 Volt - 2~ A~, Delco '~' '"' -'--' · ~i . ~.-., -~l~s D~I F~I ~ ~1 ..-~s ~ub~ ~1 8~el .. s~~, s~o~. ~o (~,~) Page 2 of 2 (l~ty off Joseph 1~. Ross 197~ International I)u~p T~uck Conttnuedt Trana~!_ssiont RT-dll} Fuller l~ Speed Differentia/al Eaton ~8,000- ~.~?J~.i}? II~l~ltlOR s Custon l~kage Front Se~ts l~tional Cush ~th Foreard Air Lock/ng Ktrrors t Dual litngsise Cab IAghtas f ICC Cab Supportat Solid ltolded DUmP ~tstorys Joseph H. Ross P. O. Box 2990 MOTION TO RECONSIDER MOTION RELATIVE TO TERMINATION OF CITY MANAGER The Motion made at the Special Meeting of June 16, 1979 to terminate the City Manager, John Wise, is hereby amended as follows~ That the City Council hereby dismisses City Manager, John Wise, from his position with thirty (30) days notice, or an effective date of July 23, 1979. That he be given a written notice of said termi~ation ....e~bodying in detail the reasons for said termination as presented at the Public Meeting at the June 16, 1979 meeting which statement will notify him of his right to have a public In the interim the dutie~ of the City Manager will be performed by an Acting City Manager. :2'- I %1 lill I-ill (I ": -I' .... I i VE~DOa Air-Tek Andersonfs Stree~ Sttepin8 kdser htfoms Olacier Stets Xmroz Office Supply THE FOLLOMING II~HS A~E OVER 8500.00 ~HICH NESD COUNCIL APPROVAL OR RATIFICATION 6/20/79 flHOUNT DESCRIPTION FROJ~/DJ~PT. A/C CHARGE /L~OUNT 699.96 Film Pti~Admin Operat in8 Supplies Film Jell Opersciog Supplies 383.GO Tripod Jsil Operat ins Supplies $%00 Tre~n~ns ~t~r~ale Pol~ge Operating Supplies 98.12 827.~ bdio/InoUlh~l~ Air~rt ~ hchtnery & ~utM~t 827.50 Strut S~ini Streets bpair~lnt~e 275.~ 2~3/2.46 UnLgoms PoLice ~eratin8 Suppl~eo 2~372.46 le~9,~ ~y ~ V~rio~ ~r~to ~iciti~s 1,~9.44 1,2~9.~ ~y ~n~ll Lfbrlry Fr~ncin8 6 Siad~n~ 190.~ btnb ~e~r L~brary ~vertisins 39.3S 970.17 Office Supplies City Cl~k Off~e Supplies 241.36 Office ~pplies Fi~e OffLce Supplies 82.81 ~lcuhtor Fi~e bchL~ry & ~u~t ~69.95 Office suppli~ P&Z off~e supplies Trsfn~ Su~l~ Police ~er~tin8 hppli~ 99.23 ~fice ~ppl/es ~ Office SupplL~ 57.23 ~1~8 Tu~s ~-~m~ Pr~flt~ & B~Ln8 25.~O Office Suppli~ ~riry ~ft~ Suppl~ 83.99 b~l h~/kb~ro L~brs~ ~11 Tolls~r ~u~p. 4~.63 2,973.~ ~1 ~riptM Alit ~ Profffol~l ~ff 3~.~ 1,~.~ Stttb CbM ~-b~o~t/~p ~Cruct~ l,~O.O0 S3,016.~1 ~r~f~ of r~ ~trol ~u~ Tr~fer of Fu~s ~3,016.~1 16,812.D ~y brir~ Ver~ ~r~ bttr~r 16,SU.U l~,6?l.2S Principle ~bt ~M - 7~ Pr~tpb IIS,~.~ Zn~r~t ~t ~ - 74 ~gfft 83,671.2~ 6/8/20 6/8/79 3~,~.~ ~ttf~M of ~ltt ~ ~trml Trm~ 6/19/79 02186 02193 02203 02132 016~0 02072 02226 02070 13067 00121 00121 00122 0201~ O16~2 01958,0209& 0~936 021~2 01~2,02011 02076 02011,O20~2 01356 01697 01358,02010 01966,01612 O2O9O *0210~ O2~8 02186 GAI,LNI)AIt Yi:AR 19._7_9: _ ~,~:TI.~R~ TO: I)cpl. o£ Revenue - Audit G:~n,es of Chance & Skill ?m.~¢h SA Juncnu, Alaska 99811 PERMIT FEES: $20.00 due with application 17, of entire net proceeds due with annual financial statement FIRST APPLICATION ' X~E~IIT P, ECEIVFD PREVIOUSLY APPLICATION }~ST BE COMPLETED IN ACCORD,~;CE WITI[ 15 AAC 05.460 Name: KENAI JUNIOR HICH SCHOOL Address: p. O. Box 1508, Kenai, Alaska 99611 A PEr'lIT: A. Type of organization (Check one) (1).,_ ~tvfc or Service (2) ,, ~eligious (3) Charitable (~)~ ~Fraternal (9)_ (5) XX EducaCtoual (10)_ (ll)__.__~bor State how long organization has been in existence (6).____Veterans (7). . Police or Fire Company (8)_____Dog Mushers _Fishing Derby Political 10 years Recognized as a non-profit organization under the Federal Income Tax Laws. IX Yes ~o Include a copy o--'~-IRS Certific~te if not previously submitted D. Affiliation with National Organization: ~ame of~ational: Headquarters Address: Organized as a CorpOration; .Associationl_____Partnership; Firm or ...__O~her ( -) Include a copy of origirml Charter, ~y-taws and a current list of 25 local members, if not previously submitted. ANSWERS MUST BE PRINTED IN INK OR TYPk%,IRITTEN*** FOIl1 04-6fi3 (10176) CONSULTING ENGINE El:iS m~v ~, 1979 Our Job 78-19-3 John E. ~Jtse City ~m~er C~ty of Kena~ Kenai~ Alaska Subject: Pa~ment for Engineering Sex. ices Airport Ws~ Route Revision Study Please consider this invoice for Additional Route Studies performed as part of the AitDort Wa~ Street Project requested by the City of to reference (memo enclosed). Ver~ truly yours, "/"re..,, fr'.- .* BOX IO41 KENAI,ALASKA Bg611 PHONE (13O?] ;~B3-4672 ., I t:~g' · .. P. O. SOX 3-3cj4 · ANCHORAGE, ALASKA McLANE & ASSOCIATES/ REGISTF. IJ£D LAND ,~UIIVE:YORS P.O. HOX 468 · PHONE 283-425~3 SOLDO3NA. ALASKA eeeee Feb. 9, 1979 ACCDUNT OF l~ince - Corthell & Associates Box 1041 Kenai, AK. 99611 PLEASE PAY FROM INVOlC[ Surveying services rendered on the Airport Way extension and re-alignment in the City of Kenat, as follows; 1/26/79 3 man crew 3 hfs @ $78.00 oX $234.00x 1 man(R.L.S.) I hr g $30.00 ·~ 30.00~ 1/29/79 3 man crew 4 hrs ~ 78.00 o~ 312.00x 1 man comput{ng 4 hrs g 25.00 lO0.O0 1/30/79 3 man crew 7.5 hrs ~ 78.00e~ 585.00~ 1 man comp. 1 hr 25.00~ 1/31/79 2 man crew 7 hrs. @ $55.000~ 385.00~ 1 man comp. 1 hr 25.00~ 2/)/79 1 man comp. 3 hr ~ 25.00 75.00~ E.~'.M. equip. 4 days ~ $50.00.~ 200.00 Total $1,971.00 ~o tax (local gev't) ...-" 0.0 Balance due , $1,971.00_ _ CO NSL.I I..TI l%lG ENGINEERS June Il, 1977 78-]9 John E. Wise City Mana£~er City of Kenai P. 0. Box ~80 Kena~, Alaska ~9611 Subject: Billing for En~ineering Services Wellhouse 101 Modifications Dear Mr. Wise: Please consider this invoice in the amount of $18~8.~ as compensation for basic engineering design services with regard to the subject projects for the period 2?, Feb., 1979 throuE~bl~, May, !579. W~.L~OUSE 101 MODIFIC^TIO~S Qur Job78-19-1 ENGR I: 2LO hfs ~ 3~.00~ Drafting: 42.0 hrs ~ 13.00~ Mechanical Engr.: (Cost plus 10%) Subtotal 918. co ~' ~6. co ~ 2,2~3. O0 ~- Previous Billings Total time to date Contract not-to-exceed Amounts previously received Amount Due 4,404.50" 7,986. O1 ~' 14,679- 51 ~ 13,000. O0 ~' 11~151.4.6 w' ~ D;~ I certify that the above changes are correct and that payment therefore has not been received. Very ~ruly Yours, WINCE-C0RTHELL-BRYSON ~ FREAS BOX 1041 KENAI, AI..AGKA 99611 City ~nager City of Kenat P.O. Box ~80 Kenai, Alaska 99611 CONSUl. TING I~ NGIN IF-. Ek"IS June 5, 1979 78-45 .. Subject: Billing for Engineering Services CEIP DESIGN Dear Mr. Wise: Please consider this invoice in the amount of $38,836.28 as compensation for basic engineering services with regard to the subject projects for the period 9, February 1979 through 15 May, 1979. AIRPORT WAY SEPn~R 78-45-1 ENGR I: ENGR TECH: DRAFTING: ~YPING: PLAN PRINTING: SPECS. PRINTING: 43. 5 hrs. ~ $~O. OO / 5.0 hrs. ~ $27.00J 37.0 hrs. @ $16.00 v 19.5 hrs. ~ $16.00 / 1224 S.F. @ $ O. 15 (Prorated) 30 sets ~ $ 4.20 (Prorated) 10 sets ~ $12.65 (CEIP SUBMITTAL) This item Total ~mvm _mm, (!.ms3) wacom Am s~m~ ENGR I: ENOR TECH: MECH ENGR: DRAFTING: TYPING: PLAN PRINTING: SPECS. PRINTING: MYLAR COPIES: 355. 5 hrs. ~ ~0.00 ~ 42. o hrs. ~ $27. o0 ~ (cost p~us lo¢) 173 hrs. ¢ $16.00 / 20.0 hrs. ¢ $16.00W 27~2 S.S. e O. 15 18 sets ~ $10.65 (cost ~lus ~o¢) This item Total $1740. OO t/ z35. OO / 592. OO t/ 312. O0 J Z83.6o J 126. O0 ¢/ 126. 50 ~/ $14,220.00 1,134.00 302. 50 2,768. O0 32O. OO 191.70 ~37.94 KENAI,AI.,A5KA 99511 PHONE (ElO7] E83- 4672 ENGR I: 154.0 hrs. 9.~ $;~0. O0 J $(lf~. O0 ~' ENGR TECH: 21J~.O hrs. ~, $2L00 / 7398. O0~ DRA~U'I;;G: ]05.5 hrs. ~ $16.~ ~ lf88. O0 ~ ~PI~:G: ~]. ~ hrs. ~,J 01~.00 ~ 3~;~.O0 J ~.M4 PRIf.~ING: ].~]2 S.F. ~ $ 0.1~ ~(.~J SPF~. PRIt~TING: 18 sets '~ $ 7.35 13~. 3O SURV~U: 1.5 hrs. 2 man crew @ $55.00"/ 82.50~ MYL,IR COPIES: (cost plus 10~) 101. Thls ~tem Total - $1~~ T~AL this Invoice- I eert~.fy that the a~ve charges are correct and that pa~ent therefore has not bcea received. Very Truly Yours, WINCE-CORTHEI25-BRYSON .o~ FREAS City of Kenai Box 580 Kenai, Alaska 99611 Anch.l:,!:e Office 310 E .'qlleel, Suitc 6(}2 Ancl...',Be. Ala:.La '~';5I)1 907/2'/'~-(~.1'11 Dal. 1]. Jtule 1979 Job No. K12720.00 Client Ref. No. Invoice No. 9817 STATEMENT For professional services through 24 l.~y 1979 in connection v~th sewer projectsdesign. P~fertoProgressReport 2. Professional Services Expenses Wakon Redbird (minority subcontractor) Fee $17,878.35 1,529.05 8,012.91 4,579.69 $~2,000.00 ~ APPROI,'~D BY CiTY OF ICEl~! "ANAGER._____..=____ ..... .GFPUSUC w0~_ CLERK -- O~G~L COPY TO DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AN[J CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. .j Ted Forsi anti Associates 124 East Sevenlh Avenue Anchorage, Alaska 99501 · (907) 274 9517 City of Kenai P.O. Box 580 Kenai, AK 99611 L. ~ Jtme ]2, 1979 oat, ................... Project No ......786 3 .... P~oject Name il.let_ .~ low. ............. .... ~3atcr__Loop__ _ _1 Billing for Pmiod ... -tQ_,Iune_.l, _1979_ .... Summary of Work Completed Bruce Robson, C.E. Greg Hoffmm~, Draftsman Linda Ewers, Draftsman Lonnie tlenry, Draftsman Cherie Stewart, Clerical Jean Stevens, Clerical Xerox Expense Travel Telephone Bluelines Postage 7.0 Hfs @ $40/Hr.~' 5 tlrs @ $25/tIr.~' 3 Hrs @ $25/Hr?' 3.5 Hfs @ $25/Hr./ 5.5 }Irs @ $14/Hr:/ 1.5 Hfs @ $14/Hr.J $280.00 ~ $ 75.00 ~' $ 75.00 ~z $ 87.50 w' $ 77.00./' $ 21.oo,/ $ 21.42 $ 54.77 $ :37.68 $ s2.16 $ 14.27 $ 795.8o Total Due PAYABLE UPON RECEIPt; DELINQUENT AFTER 30 DAYS DELINQUENT 81tLS SUBJECT TO I% PER MONTH CHARGE. ~ l .... Ted Forsi and Associates 124 East Sev;-nfh Av,,rme Anchorage, Alaska 9'3b01 * (907) 214 9517 City of Kenai Box Kenai, AK 99611 .2 Summary of Work Completed Bruce Robson, C.E. Greg lloffman, Draftsmn Linda Fwcrs, I)raftsmn Jeanie Blatchford, Clerical Jean Stevens, Clerical Travel Xerox Bluelinos Telephone 21.0 lh's 0 $40/Itr ~ 12.5 ttrs 0 $25/Iir ,.' 10.0 Hfs 0 $25/1h' ~ 2.5 ltrs 0 $14/Hr ~ 2 Hfs @ $14/Hr-" ..3 APPRO~ BY Crl"f Or i,~:;t~uc WORKS ~ A~on~ ............ CLERK ~ .................................. : .......... 0RIGINAL COPY T0 ....... ~-~-~'~' ................................. $840.00 ~/ 312..SO ~ $2so.00~" ~s.oo~" 28 .no ~" 61.41 91.10 52.16 56.83 Total Due_ $1727.00 PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS O£1.1NOUEN7' BILLS SUBJECI' TO 1% PER MONI'H Dale. June 12, 1979 Project No. 7802 P*oject Name . . Lnwton St.rept . _ $','ater and Sewer Bdlin~ for Period tO ,tUlle I ~ 1979 1" Tod Forsi and Associates 124 East Seventh Avenue ^.chorage, Alaska 99501 * (907) 274 9517 SHfJ-I,.'s~¥ ¢,f ~',""; Cr ' i'h t~'rJ city of Kenai I:,× 580 Kc.nai, AK 99611 Bru.'c l'.,,!,,.,on, (;reT. l[:.,f [::.:tn, I.,raftsrt~m l,ihd:, lh....r.;, Ih-nJ-t,.;ITItd2 J(.;iii S~(.V(,llS;, Cl,:rical Jc.:,l~ic l~latd~fl)rcl, Clerical XCTOX Travel B]IIO] oam. June _1_2~ 1979 Psoiect No., 7861 Proiec! Name, Main. S_t_.r_e__e_t ........ Billing ~o~ Period · tO Jun._~, 1979 25 Hrs @ $40/Hr.~' 5 Hrs @ $25/Hr. ~'' 6.5 Hfs @ $25/Hr. ~' 8 Hfs @ $14/Hr. ~/ 6 Hfs @ $14/Hr. ~' $1000.00 ~/ 125.00 ,/ 162.50 u/ 112.00 ,/ 84.00~/ 27.37 61.41 52.49 Due _ $1661.60 ~' PAYA[31 [ UPr,t: '; C[ ir, T O~-I I',~OtJ[ NT AFTER ~0 DAYS r :9 I ;./i: ~dr;NTHCH,4RGE. Df I IL'OU[ 'o I' Ted Forsi and Associates 124 East Seventh Avenue Anchorage, Alaska 99501 * (907) 274-9517 /- City of Kenai Box 580 Kcnai, AK 99611 June 12, 1979 Date P,oject No. _-.~8.60 .... Project Name _$pI.~.ltJ. gl~'ay _ Mater _aud_ Se~er .... 9illing (or Period: : to~_u~e_l ~.1929 Summan/of Work Completed Bruce ~obson, C.E. Linda Ewers, Draftsman Greg Itof~an, Draftsman Xerox Expense Telephone 14 llrs @ $40/1tr. v' 2.5 Hrs @ $2S/Itr. ~ 8 Hfs @ $25/Hr. ~ $560.00 / $ 62.50 ~' $200.00 .' $ 7.43 $ 8.ss PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS OELINOUENT BILLS SUBJECT TO 1% PER MONTH CHARGE. '~ P£RIODIC ESTIMAT~ FOR PAlaTIAL PAYM£NI COST OF WORK COJ.tPLET£D TO DATE UNDER ORIGINAL CONTRACT ONLY £n.leJ must be limited 1o ~ork 30d COSTS under the o,ginsl con.act only. and cost dac~ unde~ chan~e orders ~ ~o be ~ho~'n in Parc 2 of ~his (mm.) Columns (1) ~ {~). ~'nce: data ~wn ~n columns 1, 2, ~, 8 and 9, respectively, on ~o~ E~II 1 p~epn~ed by Columns (6) und (7). :Chow all work completed co daceund, original con,acc. Column ($). £n~et che d;Herence between entries in columns (:~) d.d (7). Column (9). Shuw perceo~ t.,L~ o! column ¢?) to colur~n ¢~). COST, PEgl0DtC E$11k(ATE FOR PARTIAL PAYMEt{ I 1. COST OF WORK CO~IPLETED TO DATE UNDER ORIGINAL COJ~TRACT ONLY ~lur.~n~ (I) ~r~ {~). ~nccf da~a *~wn ~n co~nms l, 2, Columfle (6) a~ (7). Shov ~l ~'ofk con,pi.ed m date ufld. ~lumn (5). ~flcef I~ d~iktcncc ~t~'eefl cflrdes in columns ~) and (7), ~lu~fl (9). a ~.C. l~ve~,ent .J TOTA~.S '~. ANAL. Ylll OF ADJUST£D CONTRACT AMOUHT TO DATE I~C. KE{~JAI SUPPLY, I:IC. P.O. BOX 499 KENAI, ALASKA 9961 PHONE: 2.83-7521 SHIP: TO . ~ '.. -' ' D~;~:C~ ~:~ / ·. - "1 ~, '.~' ,~ :-- ....... ~,,,.. ...... ~..._= ' ......... ........ -~. ~- ~.'~ ".. ~ ~. 0 )~60066~ { ~6 ~ 6d5~ ~ ~..~'~-V 1~.~'{ ..... r'.' I l I l I l ! ! i ~ I I I IF PAYI,~ IS TAXE~ t~A0f MADE W~IN OUR ow 1,, BOROUGH I ' S~A~E DimOUt PAY TE~, YOU I , TH{S ~/6, t~V ' ' ~OUNT ' I I SOLDz ~,~n ! K~.:]AI S~??LY, I~'::. P.O. BOX 499 KENAI, ALASKA 99611 PHONE~ ~83-7521 NU~EERII''NOIC~ ' i T:F.:/,S, YOU f;AY G~.DUC1: PERIODIC ESTI~1E FOR PARTIAL PAYMEKT '~c~ .o. ]mprove~nts to ~ater Supply & Dis~rtbutlon System. 1977. ~na?. Alaska ~ckford P.O. Box 10-17~ *' ~chora~e~ Alaska ~9511 I. COST OF WORK C~PLETED TO DATE U~DER · ntf;e~ must ~ ~i~ted to ~'o~ ~nd costs u~e~ c~ otillniI c~t~c~ on2y. Columns (t) thr~ (~). ~c~ data s~wn . 1 Subs t~T s 2 Tan~ Fab~J~tfon and : · ~11ve~ L/S ~3,227.L~. 3 St~ ~ork L/S 113,390.00, 4 Ta~ E~ctt~ S Zns~llatJon of ~r~ston ~d EIKWt~I .~S 26,690.~' 7 Ko~ ~pll~tton 7-28-; 18-15-~ 12-27- Knuckle C11pweld Change [natal1 New C~ble Pumphouse £1ectrtftcatton [nstall Sktd-~untedGenerator RetnsulaLe Hatch Remveand Install New.tar TOTALS ! L ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE 4. ~ALYSIS OF ~K PERFORMED ~) El/Il wmk ~rfmmfd codi/e fees. J ~) ~lm~l ~ Ce) end Ct) BA~CE DU~ TH~ PAYmenT ~ ~ CERTIFICATION OF CONTRACTOR 9sSSGJg9 ,/ g,554 560446170 ./ 56,446 77,584i00 ./ 77,S84 973i80 -/ 973 2,413loo / -2,413 149.340126 14g,340 99 70 O0 26 ~' I 648,000.0O ./ 149,3~Qu26 . / 797,36~26 ;.- _ 648.~00.00 , / .14g,340~_6 ,/ 797.34Q,.~6 ?' 797,340,26 781.393,§6 ,./ 15.g46.81 AecmdioS ;o ch* best of my kn~Jed&e and belief, I ce.lf~' shet iii items end om.urns shown m cb face of chis Periodic Esti:'~ste dune 11, .19_79 _ Tide ..SeCret~ry/Treasur~r CERTIFICATION OF ARCHITECT OR ENGINEER ! certify, tb~ ! hs~e checked ~nd verified cbs ~bove sod fme~oin~ Petlodlc Esci~t( fm P~l Piy~m; fh~ ro t~ kal M my PRt-PAYmENT CERTIFICATIO~ iV FIELD E~GINEER '~d b f~l *cc~a~e e~h t~ mqube~ms of s~ em.afl, k l| % '* * Total $797,340.25 ' ' ' :"* aJ ..5... ' PA~JECT ~UDG~T AHOUNT_0rl~i~a~. ~648,000.00 BDA PROJBCT NO. 07-51-20074 El '~ ' ' Change 0rde~s $14g,340,26 ...... [... ~AH~ OP CONTRACTOR ~ckfo~d C,~porat,on PRO:SC? ~OCATZON Kena,, A, aska 11 , .. 4:26-.79 6-11-79 · .,.:. · . ?l*l]S EST, LABOR NON ~USZNESS I~US~NE$S ~1,1~9.46 10,258.76 290,900,70 ...47,623,~ ~53,535.66 46~.79 38,86 150,629.93 ~0942.75 34,720.95 4,221 . 80 I 1,237.1Z 37,705.63 06~.27 091.76 104,362.05 33,734.50 · 5,727.76 28,006.74 . -0- 3~,734.50 34,521.99 3,500.00 31,021.99 -0- 34,521.99 11,455.80 1,750.00 9,705.80 . ' ~0- · · 11,455.80 59,081.10 2,277.00 56,804.10 ~0- S9,081 .~0 35,169.90 ' 662.40 .~,507.50 .-0- . 35,1~9.90 6,743.70 -0- 6,743.70 -0- 6,743.70 Retatnage wtthheld from prevtous pay estimates $797.~0.2.6 x .02 '1 $15,946.81 , · '.*.' 797.:]40.2G 113.6g]'l,~1) 683t649.06 70,400,00 .... 726;940,26 · ~ cortL£y th&t ! h~vo c~ockod ~n~ vo~oct c~o '~bovo Grid ~orefo~ng'~or~od~c estLm~te up to ~nd ~ncXudLng Ply ~stLnGto ,' ~ , ~d thGt to tho best of. my ~ow~e~ge sn~ bo2~e~, ~c LS & t~o ~nd co.oct stetenent. · . ' Rockford Corporat4bn · ' : ~OHTP, A(;TUP, I