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Home My WebLink About1979-10-03 Council PacketCOUNCIL PACKETS IqTq OCTOBER Kenai City Council Meeting Packet October 3, 1979 P AGENDA KENAI CITY COUNCIL - REGULAR M~ETING OCTOBER 3, 1979 = 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL CANVASS OF BALLOTS - REGULAR ELECTION OF OCTOBER 2, 1979 OATH OF OFFICE EELECTIO~ OF COUNCIL REPRESENTATIVE TO THE BOROUGH ASSEMBLY SELECTIOI~ OF VICE .MAYOR B. PUBLIC I. Ordinance 524-79, amendin~ Section 40, Tffle I of ~e 1979 K~ C~e ~ ~e K~ F~e D~ent 2. O~ 525-79, ~ c~ ~ of Tifl~ I, 2, ~, 15 · 20 of ~e 1979 K~ ~e 3. O~ 526-79, ~p~ ~e C~e of~e C~ ofK~ 1979 C. ~ONS P~SENT SC~DU~D TO BE ~ I. M~. T~ C~ - RE: l~g OfFBO I~s I-6 2. ~. L~ Vflwn - Unf~ ~ 3. Mr. EdC~-L~S~ 4. MFS. S~ Vo~ - ~: p~l~ nui~ ~ J~ p~ D. I. M~ut~ of ~e ~ m~ of S~temb~ 14, 1979 2. ~u~sof~e re~ ~ of Sep~ 19, 1979 E. CORRESPONDENCE OLD BUSI~SS NEW BUSI~SS I. Bills to be paid - bills to be ratified 2. Requisitions exceedin~ $500 3. Ordinance $27-79, estnblfshtn~ a capital project entitled "Addition to Ft. Kenay" ;. Ordinance $28-79, arnendtn~ personnel re~,ulafions relative to City MST. salat, y S. Resolution 79-135, transfer of monies fop moving expenses fer new City Mg~. and to enable the proeees for purchase of a vehiele fop the City MKT. 6. Resolution 79-139, transfer of monies to replenish SWeet repai~ i maint~n~ee supply account which has been depleted 7. Resolution 79-137, change of street name from Wildwood Extension to Cook Inlet Drive $. Resolution 79-138, deelartnK certain equipmont and mate~inls surplus 9. Resolution 79-139, Wansfer of monies within nFh, e Rea4nwoi~ · Othee Water System Improvements" fund I0. Contract Change Order #1 - Reekfo~d Corperation - Well House I01 II. Final Pay Estimate - PR&S, Inc. - 1979 Water, f~eweF & SWeet Improvements p~,oJeet 12. Payments to CH2M Hill 13. Lease of City Lands - Peninsula Enterp~iees, Inc. 14. Discussion - Willow Street Ltpfhting PFoJeet 15. Resolution 79-140 REPORTS I. City Manager 9. City Attm-ne¥ 3. Mayor 4. City Clerk 5. Finance Direetor 9. Planning · 7.oninK Commission ?. BorouKh Asoembly 8. Harbor Commission MAYOR · COUNCIL - QUESTIONS AND COMMENTS. .... ' ..... ~ ' ' l. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURN~IENT .~ODI~IL I~EET.IE~ OF Ao 8ELECTION OF COUNCIL REPRESIgNTATIVE TO THE BOROUGH ASSEI~fBLY I~ELECTION OF VICE .MAYOR PUBLIC HEARINGS 1. Ordinance 524-79, amendin~ Section 40, Title I of the 1979 Kel~ai Code relattn~ to the Kensi Flrd.Department 2. Ordinance 525-79, amendln~ certain sections of Titles 1, 2, 12, 15 · 20 of the 1979 Kenai Code 3. Ordinance 525-79, adoptin~ the Code of the City of Kenai 1979 revision .,~ C. PERSONS PRI~SENT SCHEDULED TO BE HEARD I. Itfr. Ted Carson - RE: leaain~ of FBO lots I-6 2. lt~. LatT'y VavFa - Union OH 3. Mr. Ed Call et al - Lflae Stteet 4. Mrs. SandFa VozaF - RE: public nuisance on Jahritr D. ~S 9_. l~inUtoS of the re~,ulal' meeting of September 19, 1979 I. Minutes of the special mestin~ of September 14, 1979 u. CORRF. SPONDENCS F. OLD BUSII~SS G. I~W BUSm'ESS I. Bills to be paid - bills to be ratified i. Requisitions exceeding $500 3. Ordinance 527-79, establishing a eapitel project entitled "Addition to Ft. Kan&y" 4.. Ordinance 528-?9, amending personnel regulations relative to City lttgF, salary 5. Resolution 79-135, transfe~ of monies foF moving expenses for new City and to enable the proeesa for purchase of a vehicle for the City Mi~.. $. Resolution 79-135, transfer of monies to replenish StFeet t'epai~ & mainMnanee stlpply a~eount which has been depleted ?. Resolution 79-137, change of street name from Wildwood Extension to Cgok Inlet Drive 8. Resolution 79-138, deal&ring certain equipment end materials surplus 9. Resolution 79-139, t~ansfer of monies within 'Fi~e Reservoir a Other Water System Improvementsw fund I0. Contract Change Order #1 - Rockford Corporation - Well House I01 II. Final Pay Estimate - PR~S, Inc. - 1979 I~'ster, Sewer · Street lmDrovements project 12. Payments to CH2M Hill 13. Lease of City Lands - Peninsula Enterp~ses, inc. 14~ Discussion - Willow Street Lt~htinF. Project REPORTi' ~' ~' I. City Manal~er 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Dtrc~tor 6. Planning & Zoning Commission 7. Borough Assembly 8. Harbor Commission MAYOR & COUNCIL - t~UESTtONS AND CO?,IMENTS. I. PERSONS PRESENT ,~OT SCIIEDULED TO BE HEARD ADJOURNS. IENT CITY OF KENAI ORDINANCE NO. 524-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING SECTION 40, TITLE 1 OF THE 1979 KENAI CODE LATING TO THE KENAI FIRE DEPARTMENT. WHEREAS, on or about September of 1972 the Kenai Volunteer Fire Department at an administrative meeting voted to disband as a volunteer group, and WHEREAS, it is therefore no longer necessary to make mention of a Volunteer Fire Department within the Code, as amended, and WHEREAS, the Kenai Code has recently been recodified in a 1979 version and over the coming months it will be neces- sary for the City Council to make certain technical revisions and updating of the code ordinances by repealing sections that are no longer applicable, NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1. 1.40.010 of the 1979 Code (FIRE DEPARTMENT; VOLUNTEER FIRE DEPARTMENT) is hereby repealed in its entirety and the following section enacted in lieu thereof, so that said section as enacted will read as follows: Section 2. 1.40.010 FIRE DEPARTMENT. There shall be a Fire Department, the head of which shall be the Fire Chief, appointed by the City Manager for an indefinite term. The Fire Chief shall be an officer of the city and shall have the supervision and control of the Fire Department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk First Reading: September 19, 1979 Second Reading: October 3, 1979 Effective Date: November 3, 1979 CITY OF KENAI ORDINANCE NO. 525-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA A~NDING CERTAIN SECTIONS OF TITLES 1, 2, 12, 15 & 20 OF THE 1979 KENAI CODE. ?~EREAS, the City of Kenai has recently revised the Code of the City of Kenai, and WHEREAS, it is contemplated that certain corrections in the Code will be made over the following months in order to update various code ordinances as they presently exist, and WHEREAS, certain provisions in Titles 1, 2, 12, 15 & 20 are in need of minor clarification and revision, NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: 1.35.010 of the 1979 Kenai Code (Police Department) is hereby amended by deleting and rescinding the second paragraph of that section starting with "provided... and ending with "...City." Section 2. 1.35.020 of the 1979 Kenai Code (Powers & Duties) is hereby amended by deleting from that section the words "writs, executions" from the sixth sentence thereof. Section 3. 2.30.010 of the 1979 Kenai Code (Drunken- ness in Certain Places Prohibited) is hereby repealed. Section 4. 12.25.010 (Abandoned Vehicles; Removal) is hereby amended to repeal paragraph 3 thereof and adopting in its place the following revision: 3. A peace officer or an authorized employee of the City who reasonably believes that a vehicle has been abandoned, may have the vehicle moved by the nearest available Alaska Transportation Commission's approved agency, or have the vehicle removed to the nearest garage or other place for impoundment and storage. Removal of an abandoned vehicle from private property shall be on the written request of the owner or person in lawful possession or control of the property. Except in cases where the vehicle is removed by an authorized AT~-approved agency, a written report of the removal shall be sent immediately to the City Clerk, describing the vehicle, the date, time and place of Ord. 525-79, Page 2 removal, the grounds for removal, and place of im- poundment of the vehicle. Upon receipt of the removal report, the Clerk shall provide written notification by certified mail to the vehicle owner of record and to lien holders of records, stating the grounds for re- moval and the name of the place of impoundment of the vehicle; however, notice is not required if the retail value of an abandoned vehicle is $200 or less. If the vehicle is not registered in the State, the Clerk shall make a reasonable effort to notify the registered owner or any lien holder of removal and the place of impound- ment of the vehicle. Nothing herein shall prevent any peace officer from having any vehicle removed by virtue of other code sections hereunder, state statutes or to otherwise prevent a hazard to traffic or pedestrians. Section 5. Article 5, Chapter 15 of the 1979 Kenai Code is hereby amended to add a new section numbered 5.15.060 entitled "Penalty" which shall read: Any person failing to comply with, or violate any provision of this chapter shall be guilty of an ordinance infraction, and upon conviction shall be fined in an amount not exceeding $100. Every day upon which a violation shall continue shall constitute a separate offense. Section 6. Article 5, Chapter 20 of the 1979 Kenai Code is hereby amended to add the following section 5.20.080 entitled "Penalty" which shall read: Any person failing to comply with, or violate any provision of this chapter shall be guilty of an or- dinance infraction, and upon conviction shall be fined in an amount not exceeding $100. Every day upon which a violation shall continue shall constitute a separate offense. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 1979. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR First Reading: September 19, 1979 Second Reading: October 3, 1979 Effective Date: November 3, 1979 CITY OF KENAI ORDINANCE NO. 526-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ADOPTING THE CODE OF THE CITY OF KENAI 1979 REVISION, HEREINAFTER REFERRED TO AS KENAI MUNICIPAL CODE, AND PRO- VIDING T~AT SAID CODE BE KEPT UP TO DATE BY THE USE OF A LOOSE-LEAF SYSTF24. WHEREAS, the City of Kenai presently has its ordinances of a general and permanent nature codified in the Code of the City of Kenai, Alaska 1963, and ~EREAS, said code of ordinances has been amended from time to time; the last such revision being in 1967, and WHEREAS, said Code is in need of updating to include therein all existing code ordinances~revisions of existing code ordinances and additional ordinances of a permanent and general nature adopted since the last revision, and WHEREAS, Section 2-15 of the City Charter provides that the permanent and general ordinances of the City shall be codified and published in book or pamphlet form at least every ten years, unless the Council, by use of a loose-leaf system, provides for keeping the code up to date, and WHEREAS, the City Council finds that it would be more advantageous to the public to have the Code kept up to date by a loose-leaf system whereby the latest ordinances of a permanent and general nature could be added to said loose- leaf system in codified form, and WHEREAS, Book Publishing Company has been contracted to publish a 1979 Revision of the Code with the aid of the City's legal department, which Code has been completed. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1. The Code of the City of Kenai, Alaska 1979, Revision (referred to as Kenai Municipal Code) indexed and published by Book Publishing Company which is bound in a red loose-leaf binder system, is hereby adopted as the Code of the City of Kenai, as a revision and updating of the 1963 Kenai Code as amended. Ordinance 526-79, Page 2 Section 2. The Kenai Municipal Code shall be kept up to date by updating of the loose-leaf system with new code ordinances on a regular basis. Section 3. The City Clerk shall inspect and approve the Kenai Municipal Code and all revisions made thereo~. A copy of the Kenai Municipal Code shall be kept in the office of the City Clerk and shall be open for public inspection. PA~$ED BY THE COUNCIL OF THE CITY ~F KENAI, ALASKA this 3rd ~ay of October, 1979. ATTEST= VINCENT O' REILLY, MAYOR Sue C. Peter, C~ty Clerk First Reading= September 19, 1979 Second Reading: October 3, 1979 Effective Date: November 3, 1979 '9 PREPARED AT THE DIRECTION OF MAYOR VINCENT O'REILLY MOTION: An applicant for the position of City .~anager shall be informed of the following upon responding to advertisement or invitation to apply: (a) The members of Conneil may expect the resume' or information coverinl~ the past five years presented et interview to include: I. Detailed description of responsibilities and authorities for Orion' government activities. Information to include type of government programs and degree of applicant participation in initiating, supervision or completion. Infor- marion also to include types of departments supervised and number of personnel supervised. H. Precise dates of employment and termination. IH. Exact salary and wage record. IV. In- depth description of applicant effort to properly assist the better- ment of private business and government relationship. V. Explanation of any personal or professional activity or oecurence, l~nown or unknown to the public at this point, the public knowledge of which would probably reflect unfavorably on the applicant holding the position of City Manager because of loss of public confidence or other factors. VI. Thi'ee l~tters of recommendation at least one of which shall be from your immediate suj~rior or a person thoroughly and personally familiar with work performan~-~ t~ applicant's present position or princioal occupation during the last five ~ ~e~ar~jp~riod. The applicant should understand the silmers of letters of recomme~a/tfo~ will be asked to verify content. fo) The applicant shall expect, pursuant to Court order, interviews of Council to be conducted at sessions open to the public. ~. TItE FOLLO~lfiC ITENq ARE OVER SSfJO.~-~.~_~CH ~IRED COU~;CIL APPROVAL OR ~YZFI~tO~ IO/3/79 ~ ~ V~R ~ U~CRI~IO~ PRf).J~/D~AR~IT A~T ~CE FOR APPROVAL Alas~ Dep~.'of ~r 1~286.81 £SC-2rul quarter gSC~2nd quarter gSC~2nd Quarter Boatman Distribution 605.10 Supplies Chevron 1,829.O3 Gasoline I~pt. of P~ve~ue ESC Po I Ice Airport Main. Shop Operating Supplies Shop Operating Supplies 327.60 282.80 605.10 1,829.03 Doyle's Fuel Service 1,965.88 Stove Oil Shop Furnance Oil Fire Fire Control Systens 1,3&5.50 Chemicals/ Lt. ~ater Fire Ken ~qutp=e~t 509o4& Sleeves/O-Rinis Shop Kenai Supply 631.89 Plyvood Streets Pipe & Fittings ~&S Se~er Snake ~&s Faucet/Pipe/Valve Teraiaal ~cl~me & Associates 2,255.00 Surveying ~on-Deparr~ental Fe~/~sula Clarion 801.00 DiaplayAd City Clerk Legal Ag-Bids CF-Renal Trail Legal M-Election City Clerk Legal Ad-Tideland City Attorney Legal M-Fire Prevention Fire Legal M-Bids PV-Admtn Legal Ag-Term. giatero Terminal Legal Ag-City liall CP-Admtn. Bldg. Pe~insuXa Fmterprises 2,500.00 Oct. Leaee/Xukluk BXdg. Airport Land Peterkin 637.34 Food Jail Coffee/Filters LegisLative Schonstedt Inmtp__~e~___: 531.86 lletal l~tector ~U South¢~ntral Communications 879°75 Oct. Radio ~aiato Comm./~6S Operating Supplies Operating Supplle~ Operating Supplies Repair/Helot. Supplies Buildings Repair//laist. Supplies SmallToole/Nlnor ~quip. Repair/~alnt. Supplies Professiotml Services Agvertlsia8 ~dmin-Other Advertising Advertising Niacelianeoon Advertising Advertiain8 Admia-Other Rental Operating Supplies Operating Supplies ]~achiaery 6 £quipaent Repair & Naiatemmce 1,311.88 601.00 1.3&5.50 509.64 &SI.&6 85.65 &&.9& ~3.84 2.255.00 1~8.50 127.50 210.00 65.00 67,50 105.00 ~2.50 45.00 2,500.00 92.50 531.86 879.75 I062&1105~8 10688/10~9 10635 10612/10562 10676 10~66 10682 10614110628 10666 107O6 1061~/01984 10714/1071~ 10385 10253 10266/10629 10222 10631 10695 10663/~0595 10717 10573 10610 Fabcck, Inc.. IBM KUSCO B & C Supply gelly-Cresve11 Co. Kenai Steel Blds. Natathon Oil Co. Hoore Business Forus Union Oil Co. Harley's Trucking 1,620.00 925.23 702.60 612.53 2,147.84 634.55 3,272.75 1,603.30 3,265.3& 734.20 .~Irc Dozer ~ork Backhoe ~/ork Copier Rental Oct. Rental Sept. Gas l~ash/Wax Supplies Hisc. Supplies Misc. Supplies Tire Spreader ~tisc. Repair Parts Misc. Repair Parts Misc. Repair Parts Misc. Repair Parts Heavy Duty Striper October Rent Bay Door Repair August Cas PO's/Envelopes/Ledgers August Oas Asphalt Roller Rental Parks V6S Various City Clerk/Attorney Various Police Shop Shop Shop Shop Shop Shop Shop Airport Dept. of Revenue Fire Trust 6 Agency Finance Trust & A&ency Streets Streets Improvements O/T Bldis. 580.00 Repair & ltalntenance 1,O40.O0 Printing & Binding 503.28 Rentals 421.95 Utilities 702.60 Operating Supplies 30.89 Operating Supplies 210.36 Operating Supplies 16.25 Small Tools/Hlnor Equip. 43.12 Repair/Haint. Supplies 59.84 RepairlHaint. Supplies 57.5~ Repair/Haint. Supplies 112.O5 RepairlHaint. Supplies 82.48 ~chinery & Equicor 2~107.8~ Rental 221.25 Repair ~ Ie Trust 3,272.75 Office Supplies 1,60~.30 In Trust 3~265.3~ ~pair/~tnt. Suppli~ 63~.20 R<tals 100.O0 10571 10087 10048/i0046 10471 I0673/10605 10483 10483 10494/I0528 10541/I0547 IO581/10615 10631/10674 10575 10052 I0353 10197 C FOR RATI FICATIO}; ~enai PenlnsulaBorou~h 500,00 Land Lottery P~ceipts L~nd Lottery (In Deposit Liability Liability National Bank of Alaska 27,697.00 Sept. Federal k~/H general Fund AK Nunkipal E~ployees Federal Credit Union 8,901.00 Sept. Credit Union W/H C. eneral Fund Ag Dept. of l~evenue 5,850.00 Sept. State W/H General Fund Liability On Deposit On Deposit Kenai Peninsula Boroush 1,000.00 Land Lottery Receipts Land Lottery State of Alaska 509.67 Work Release Prisoners Oepc;its 27,691.00 8,901.00 l,O00.O0 509.67 RE(.)UISITIO,',{S OVER $500,00 I~t..~H I'IEED COUi'iCIL APPROVAl. 10/3[70 VENDOR DESCRIPT IO,q DEPARTNEI'f'F Af~Cf~UUT I II Roger Dorcas Alaska Travel Cache Law Enforcement Associates Harley's Trucking Peninsula Fencin8 Zubeck, Voice 5tress Course Travel Expenses Police Air Fare - Dorcas Police Voice Analyzer System Police Anphalt/Roller Rental Streets Fenc lng Parks Excavating 6 Backfill Tran:,por t at Ion Transportation I~achinery & Equipment R & 1{ Supplies/Rentals Improvements O/T Bldgso Repair & ~aintenance 566.00 599.0& 3,895.00 734.20 2,484.00 1,040.00 CITY OF KENAI ORDINANCE NO. 527-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "ADDITION TO FORT KENAY," AND INCREASING ESTIMATED REVENUES AND AP- PROPRIATIONS IN SUCH FUND BY $53,600. WHEREAS, the City of Kenai has received a grant from the State of Alaska, Office on Aging in the amount of $40,200, which represents 75% of the proposed cost of an addition to Fort Kenay, and WHEREAS, there are sufficient monies within the Capital Improvement Special Revenue Fund, which monies have been dedicated by Ordinance No. 341-77 exclusively to capital improvements with a life expectancy of not less than 20 years, to fund the City's required 25% (or $13,400) of the project, and WHEREAS, this capital improvement is deemed to be desirable and to meet the criteria as set out by Ordinance No. 341-77, 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: Section 1: A capital project fund entitled "Addition to Fort Kenay" be established. Section 2: Estimated revenues and appropriations be in- creased as follows: 'CAPITAL IMPROVEMENT SPECIAL REVENUE FUND Increase Estimated Revenues: Appropriation from Fund Balance Increase Appropriations: Transfer to Capital Projects $13,400 13,400 ADDITION TO FORT KENAY CAPITAL PROJECT FUND Increase Estimated Revenues: Transfer from Capital Improvement Fund $13,400 State of Alaska Grant 40,200 $53,600 Increase Appropriations: Administration Architectual Engineering Construction $ 200 5,400 48,000 $53,600 Ordinance No. 527-79, Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1979. ATTEST-. VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk APPROVED BY FINANCE: 6'~'~.First Reading: October 3, 1979 Second Reading: October 17, 1979 Effective Date: October 17, 1979 CITY OF KENAI ORDINANCE NO. 528-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE PERSONNEL REGULATIONS OF THE CITY OF KENAI BY CHANGING THE DOLLAR AMOUNT DESIGNATED AS THE CITY MANAGER'S SALARY TO $40,000 ANNUALLY. WHEREAS, the Council of the City of Kenai has expressed intent to employ a new city manager and has set the pay for same at $40,000 annually. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Ordinance No. 503-79 be amended by changing the salary of the city manager as stated in Section 2.A. 1 from $43,000 annually to $40,000 annually. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1979. ATTESTs Sue C. Peter, City Clerk Approved by Finance:~{~~ VINCENT O' ~W. ILLY, MAYOR FIRST READING: October 3, 1979 SECOND READING: October 17, 1979 EFFECTIVE DATE: November 17, 1979 CITY OF KENAI RESOLUTION NO. 79-135 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: City Manager-Salaries ($13,000) To: City Manager-Transportation City Manager-Machinery & Equipment $ 5,000 8,000 This transfer is to provide monies for (1) moving expenses of the new city manager, and (2) the purchase of a vehicle and FAA radio for the city manager. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 1979. ATTEST: Sue C. Peter, City 'Clerk Approved by Finance: C~_~. VINCENT O'REILLY, MAYOR CITY OF KENAI RESOLUTION NO. 79-136 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following transfer of monies be made in the 1979-80 General Fund Budget: From: Shop-Operating Supplies ($3,000) To: Streets-Repair & Maintenance Supplies $3,000 The transfer is needed to replenish the Street Repair and Maintenance Supplies account which has been depleted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 1979. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR Approved by Finance: CITY OF KENAI RESOLUTION NO. 79-137 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI~ ALASKA APPROVING THE RECOb~4ENDATION OF THE KENAI ADVISORY PLANNING AND ZONING CO~IMISSION TO CHANGE A STREET NAME ~ITHIN THE CITY OF KENAI FROM "~ILD~OOD EXTENSION" TO "COOK INLET DRIVE." ~HEREAS~ Section 14.1S.140 of the Kenai Code authorizes the City Council, by resolution, to change a name of an existing street upon the recommendation and approva! of the Planning and Zoning Commission and after consultation with the Kenai Peninsula'Borough and any other municipalities directly affected thereby, and I~HEREAS, the Kenai Advisory Planning and Zoning Commission has been presented with a petition for street name change from '~ildwood Extension" to "Cook Inlet D~ive," and I~HEREAS, the signatures on said petition for all except three names represent most if not all of the owners of property on said street, and I~HEREAS, the Co~mission determines that there would be no problem or public inconvenience attached to the changing of the name to "Cook Inlet Drive" and the Borough having been consulted with on this matter. NO~, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the recommendation of the Kenai Advisory Planning and Zoning Commission to change a street name within the City of Kenai from "~ildwood Extension" to "Cook Inlet Drive" is accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 1979. ATTEST: V'I'NCENT"O~REiLLY~ MAYOR Sue C. Peter, City Clerk CITY OF KENAI RESOLUTION NO. 79-31 A RESOLUTION OF THE KENAI ADVISORY PLANNING AND ZONING CO~iISSION RECOMMENDING TO THE CITY COUNCIL A CHANGE OF STREET NAME WITHIN THE CITY OF KENAI FRON WILDWOOD EXTENSION TO "COOK INLET DRIVE." WHEREAS, Section 14.15.140 of the Kenai Code authorizes the City Council, by resolution, to change a name of an existing street upon the recommendation and approval o£ the Planning and Zoning Commission and after consultation with the Kenai Peninsula Borough and any other municipalities directly affected thereby, and WHEREAS, the Kenai Advisory Planning and Zoning Commission has been presented with a petition for street name change from "Wildwood Extension" to "Cook Inlet Drive," and WHEREAS, the signatures on said petition (copy of which is attached hereto) £or all except three names represent most if not all of the owners of property on said street, and WHEREAS, the Commission determines that there would be no problem or public inconvenience attached to the changing of the name to "Cook Inlet Drive" and the Borough having been consulted with on this matter. NOW, THEREFORE, BE IT RESOLVED BY THE KENAI ADVISORY PLANNING AND ZONING COMMISSION that it recommend to the City Council that the street presently named "Wildwood Extension" within the City of Kenai be renamed to "Cook Inlet Drive." PASSED BY THE KENAI ADVISORY PLANNING AND ZONING COMMISSION on this 26th day of September, 1979. · Philip%Bryson, PreSSing Chairman CITY OF KENAI RESOLUTION NO. 79-138 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING THE FOLLOWING EQUIPMENT AND MATERIALS SURPLUS. ;VHEREAS, the following pieces of equipment and materials as listed.on Attachment A are no longer needed by the City of genai, and IqHEREAS, a public outcry auction is a reasonable and acceptable means of disposal, and I~HEREAS, the terms of the purchase through this auction are: 1. Bidder must pay 100 percent immediately for anything under $100. 2. A minimum of 10 percent deposit must be paid immediately on items over $100. 3. Before title transfer or removal, the item must be 100 percent paid for. 4. Items must be removed at purchaser's expense from the City yard by 4 p.m. on the Friday following the auction. The deposit will be forfeited and the item's ownership will remain with the City if it is not removed by this time. NOIr, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following be declared surplus and available to sell in an outcry public auction: Section 1 City owned equipment and materials as shown on Attachment A. Section 2 - Items recovered by the Police Department and not claimed in accordance with the law. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day of October, 1979. VINCENT O'REILL¥, MAYOR ATTEST: Sue C. Peter, City Clerk' CITY OF KEHA! PUBLIC OUTCRY AU ~!./10C'I'0BIH~- "fJ , 1979 at 10:00 a.m. Page ITEM NO. ~l;%R~ .... ~0DEL .... yEAR COt.~ENTS ., DESCRI,,P~ION ........... ~RID NO. Af~OUNT OF BID I Plymouth Fury 1974 P~lice Car; 4f, r! CI separate 2 Plymouth Fury 1974 Police Car; 400 CI separate 3 Plymouth Fury 1975 Police Car 4 Plymouth Belvedere 1959 Fire Chief's Car 5 Plymouth 1972 City Manager's Car 6 Dodge Il 200 1972 4 X 4 Pickup 7 Gallon 1969 Grader w/snow wing 8 Cat 75 K~ Generator - D 15,000 Engine 9 Continental ~ Gas Engine 10 Continental Gas Engine 11 Oe¥ilbiss Air Compressor 12 1/2" Drill Press 4 FlyEr 15 2 Reliance Pumps and Hotors 14 Post Hole Auger ~TTY OF PUBLIC OUTCRY AUCTIOn! OCT,O!:l:g 20 , 197p at 10:00 a.m. Page 2 of t IS Craftsman Eger-1 Lawn ~!ower 16 Eentury $0 h.p. Electric Notor 17 Airport Beacon 18 Airplane loading ramp 19 Gas pump 20 Tin Truck body w/old Fire Dept. .............. ite~ ......... 21 ! Cat D8 Blades ·I 1 Lot - Electrical Items: ~otor 6 22 pump; electric boxes ~/gear; misc. 23 1 Lot - pipe jack ', ..... Fir ' 'T .k .... 2S I Lot ~lisc. Pipe Valves & fittings 26 Fuel Tank 27 1 Lot sewer cleaning tools 28 1 Lot used tires _ ~, ...... LR 2{} Pacje I 9,~-, I ~F~..'.....,,,. :.~×r. ! :.:~-"L ','~:,~ .. ,.c,,o;':'=,.':,~,s ....... ....... ~., ..... . ........... Z9 I Lot xmew 30 3 Rolls (Partial) Electrical l';ire l"Lot Chain link fencing and 31 materials I2 Furnace 33 2 ea. 30" Snow Blower Augers *.24 ea. -'30,, $~eeper Broom Disks CITY OF KENAI RESOLUTION NO. 79-139 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 "Fire Reservoir and Other Water System Improvements": Renovation of Well House Number One From: Contingency ($1,956) TO: Construction $1,956 This transfer provides monies for Rockford Corporation Change Order No. 1. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 3rd day of October, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: F~.~ .. CONTRACT CHANGE ORDER Rockford Corporation P.O. Box 10-1706 /L~chorage, AK 99511 EDA 07-SI-20074 Cfty of Kenaf Cl,~ac G,lef Ke, You ace hc~c~ requested co co.ply .,iQ the following chaoses horn the con.acc i)lans and s~c¢ificatlons: lns~11 Tee tn Wa~r ~tn 539.35 ~rial for Tee ~ns~llatton 443.95 ~dttional Tt~ ~ ~ca~ Existing T~ 319.13 ~ditional F~ta~ ~uired for T1e ~n ~rial and Lair 398.~ 1,700.43 SUBTOTAL 153 Profit and Overhead 255.06 1,955.49'T' Change ba co. uses l~ice due to chis C~ange Order: Total increase XXXXXXXXXXXXX Nel Gnc~ea~) Cdccfcase) c~.a~ ~ice . is heteby(a~ed to) ~~ the to:al con~grt ~c, and t~ total adjured cun.act pt~cc m date ~etcby is S 16~,455.49 ,.. xxxxxxxxxxxxx~ S 1,9bb.49 S 1~955.49 ~ ._~eptember 19. 1979 JUSTIFICATIO~ FOR CHANGE The existing tee was not tn the location oc postt(on as showa on the plans. Additional footage was required as tire line was actually further a~ay from the pump house than sho~. effect. ,. W --% ....' ~..A '?~-;.':~ '7~,--R1. '~a-51 "T'-'~ P~RIODIC ESTIt.*ATE FOR PARTIAL PAY~Et; ~ ~ c~;*..r} ~ .-- .... . . .*-' ;f~2 ' ' '":~" ' ~Tr~ ' ..-. _/ ~: ..- ...~.~ I. COST~ WORK CO~PLETED TO DATE UNDGR ORIGINAL co~re~cx ONlY * C~ttaclor. ' .... ~ep~cd ~y ," : Columns (G) a~ ~). S~ all ~'otk co~le~ed ~ dateu~ otigina~ c~ttact. ~" ~l~ (SL ~(er ~ diffc~ecce ~g~'ecn entries in columns (5) and C?), · ~umn (9), ~w ~etcen: r.q~o of column CT) to co:utah (~). . ,:. t . - - '* ,'-' . ' ?03 ~o~ 3,3~. TOTAL OF COST COLUMNS o n o. · 3, O~J2.00 100. 100' lO0 1 IO0 ' P£RIODIC ESII:.'.ATF FOt~ PANTIAL PAY~.EN' 7q~-~'l! ~9-PI, 7½-51 Inc. Anchor ac.e Ak NO. COST OF WGRK C(~4PLETED TO DATE UNDER ORIGINAL CONTRACT ONLY C~Iu~fl.~ (~ [hro~gh (~). ~n~cr da~a s~w~ in coJu~ 1, 2, ~. 8 and 9, rc~ecth'ci)., on ~o~ E~] ~1 ~rc~3~cd L~ Colons (G)a:.J C7). ~ow all ~o~k con,p~c~ed ~ d~:~ufldcr oraginal cofl~ac~. Coluam (9). S~,w pc~ccr.~ :~t~o o~ colu~,~s (77 :o co]un.n ~Ol 202 205 ~0] ~- B;:fl. O-lO % BP. fl. 0-12 ~ Bkfl. 0-1~ '=LC. Se~er Cl. 3300. D.I. Se-~er ~ ~nst~ll SS 7-~ 8' %dditional ~pth for Ztu~ut 8%6' S~tce Line ~" Unaut% ~.~1. ~ench & Df z~e ;-~t, Surf ac Run Gravel tn TreDch R~q Gravel SuVaco % In~a]l 8" DI ~wer S~er L~ne 6" Bkfl. Exist. · ")~.#er .Gerv;ce L!ne ~" 2~er Service l.f:3e (" T0:~L OF cosr COLUMNS 2,2~.~ 2,172. n ~3 t.l 26,000.01 0 ,In[) 17.00 2,~O0.OI/ G4~.9.P-.. IOn · ~50.nn 0 n m 5on. nn 0 o [ 50n.~n n 1;8jj;-]~{ 1,~56.n~ 1,0~. 7'. 1,044. ~} - ~o~ ~: ~, 12R,0 2,C,39. C', q, hnO.n )~ n 21n~n~ I.dl ..... -i' TOTALS ANALYSIS OF ADJUSTED C0r&TRACT AMOUNT TO DATE Ih] ~..: A ...... f ~ ....... ~.~ ..... ~, CERTIFICATI0r~ OF a. ~ C~plscd .Lb ill the Z~ proteins of sa~ c~trJct. Sextant 1~. ~9~q Tiff, Pr~ect t~arsaqer 6. CERTIFICAT~0~ OF ARCHITECT OR ENGINEER CH2M ,IIHILL epgineers p)anners economists scientists C~ty of l~na~ Box 580 Kenai, AK 99611 At. tent:ton: John ~e, P, anager Anchorage Office " 310 K Street, Suite 602 Anchorage, Alaska 99501 907/279-6491 Dine 17 Septe~nber 1979 Job No. K10510. DO1. EO ~lient Ref. No. Invoice No. 9931 STATEMENT For se~'vices fron 25 ApriZ 1979 through 24 August 1979 regarding Centzal Peninsula .$a~age Di~o~1 Stay. ~of~si~ Se~c~s labor $ 944.67 Expo~__~e$ 191.92 Fee 100.00 ZO'fAt ,~0t~T DUE $1236.59 /%o Om~A~- CO~' TO ..... ..~,.,a~ .... DUE AND PAYABLE ON RECEIPT OF b'I'ATEMENT, FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT, CHuM -%"HILL engineers planners. oconomlsts scientists City of Keuai Box 580 l~nai~ Alaska 99611 Anchorage Office · z, .' 310 K Street, Suite 602 Anchorage, ~da~ka 99501 907[279,6491 Date 20 Septembez 1979 Job No. K12720.00 Client Ref. No. Invoh:e No. 9936 ATTENTION: Hr. Charles Brown, Acting City l~anager STATEMENT For professional services from25 3uly through 24August 1979 regarding the Swage Projects design. For de~ail regarding this billing period re/er to Progress lleporz No. 5. Professional Sezvices $I1,670.93 Expenses 2,050.21 Fee 2,178.86 To~al $I5,900.00 AF'~D~ ........................ ~15,900.00 ~ DUE AND PAYASLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH I$ AN ANNUAL. PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST.DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. LEASE OF THIS AC[iSE:4E:IT, entered into this I day of October , 1979, by and bet~'ees the CITY OF KENA-~, a hog-tied municiP~ corpgration eL Alaska. Be~ei~a~er called 'City," and PENI~iSU~ ~ITERPRISES, I~C. P.O.~X 212 ~I, AK 99611 ~rei~f~r ca~l~ '~ssee.' T~t t~ C~t~, tn consideration o[ the paints eL t~ gents and ~r~o~nce eL all the cove~ts ~etn con~tn~ by the ~ssee, does hereb~ demise and lease ~ the ~ssee the following descri~ pro~rty in the Kenai ~cordinq District, State of Alaska; to ~it: ~ots 14,15,16,1~,18 $ 19 accordtn~ ~ t~t plat gestg~a~ "~ster Plan ltrcraft Paektn~ Area~ - ~at. ~las~" vr~ar~ by the Civil ~r0~autfcs l~t~titratt0~, Eighth R~to~al ~ch0raqe, llaska, ~der da~ of 12 ~y, I~2. A sketch of ~tch said area and ~s a~ b0~nds description la~ll~ 'lttac~t '1' - Peninsula Enterprises, I~c." t~ at~ch~ ~re~ and s~tftcally tncor~ra~ herein by reference. l~: iai ~e te~ of this ~se is for 55 years, ~ncing on ~e I ~y of 0ct0~r , 19~ to the y of ~p~r , 2034 , at the a~ual rental 2,700.00 . (b) The ~ of this ~ase my ~ exten~ by ~ssee ~or i successive ~ril of 1~ years ~, giving ;liCorice ~ ~e ~s;; not less t~n six (6) ~nths prf. or ~ t~ e~iration of the t~n existing te~. ~ch exte~ te~ s~ll ~ on ~e s~ ~ ~d co~itions as provided this ~ise for the initial rem,. ~ssee will not be posited to exte~ t~ ~ase ~yond the extended tern. ~y temination of this ~ase during the initial tern or d=ing any exte~ed tern s~ll ~minate all tights oi exte~ion ~:e~e:. PAY~T= Subject to the te~ of ~neral Cove~nt ~o. 10 of ~s ~ase, the ren~l specified herein shall ~ payable as follows s . (a) ~gh~ o! entry ~ ~cupancy is authorized as of the ~ day of ~. uct0~e , 1979 , and the first rent s~ll N co;gfro; ~uch ~a~e a~lI Ju[10, 1980 .~t t~ ta~ of $ 7.40 ~r day for g74 days, equals ~. 0 now due. (b) ~n~l rent for the fiscal year July I a~ ending ~une 30 s~ll ~ payable in advance on or ~[ore the first day o~ July of each year. Ii the ~nual rent exceeds $2,400, then the ~ssee my opt at the t~ of the execution hereof or at the ~ginnin9 of each new ~ase year to pay rent ~ual ~nthly installments, payable in advance on or before the first ay of July and on or before the first of each ~nth there- after. (c) ~ntal for any period which is less t~n one (1) year shall be prorated based on the rate of the last [ull year. 4~,001d)u ~e tent specified$ u. uoher~tR~i; calculated as follows ~ ...... squatc feet at __ per square foot per year, or $ :,~uu.~ ~r year. In addition to the rents specified a~ve, subject to ~neral Covenant :~o. 10, the ~ssee agrees to pay to the City fees as hereinafter provided: LEASE - Page 1 INITIALS ~/ ~vl~ed 3/30/79 LESSEE ~ LES~ORs (,;) A~;s¢..;smc;~t:; fo/ publ£c iml,,'ovem,:nts now beno[ Jt (rig property (b) Taxe~ pertaining to the leasehold interest of the (c) Sales tax now enforced or levied in the future computed upon ren~ payable in ~nthly installments whether ren~ is paid on a ~nthly or yearly basis. (d) ~ssee agrees to pay all taxes and assess- ~nts levied in the future by the City of Kenai, as if ~ssee was considered the legal o~er of record of the ~ased Pro~rty. (e) Interes~ a~ ~he rate of eight percent (8%) per ann~ and ten ~rcent (10%) ~nalties on any amount of money owed under this ~ase which is not paid on or before the date it ~co~s due. (f} Additional charges as set forth in Schedule A, attached. The purpose for which this Lease is issued is= Ltght Industrial GENE~U%LCOVENANTS 1. USES~ Except as provided herein, any reguLar use of lands or fac~-i~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 ~treets. 2. USES NOT CONTEMPLATED PBOHIBITED$ ~olicitation of donations or the promotion or operation of any part or kind of business or ¢ommerc£al enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written ~onsent of the City is prohibited. 3. ASSIONMENTt (Not for collateral purposes) Lessee with City's written 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 =ella/era1 purposes will be allowed pursuant to the provision of paragraph 33 herein. ~ assignee (except assignee's for collateral purposes, which will conform to the provisions of Paragraph 33 instead of this paragraph) of part or all of the leased premises shall 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, except that Lessee agrees to send a copy of his executed 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 s/ri9 or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration LEASE - Page 2 Revised 3/30/79 INITIALS~ LESSEE~ LESSOR={./ the lea:;c, hold pn,mi~e~ to b~ uu'cd foF ,~n unlaw£ul purpose. 55. API'ROVAL OF OTIIER AUTIIORITIES: The issuance by tile City cf L..ase:; ¢l:,c:~ not relieve tho Lessee Of responsibil~t7 of obtaining licenses or permits as may be required by duly authorized Borough, Stato or F~,der-,l age,toils. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknow- ledgments below. CITY OF KENAI By '- STATE OF ALASKA ) )SS THIRD JUDICIAL DISTRICT ] Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared ~I~X~X~, City Manager of the City of Kenai, known to be the person who executed the above Lease and acknowledged that he had the author- ity to sign the same, for the purposes stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this __day of , 19 Notary Public in and for Alask~ My Commission Expires= CORPORATION ACKNOWLEDGMENT STATE OF ALASKA )ss THIRD JUDICIAL DISTRICT ) Before me, the undersigne~, a Notary Public in and for the State of Alaska· on this day personally appeared ~.~.< ~ , known to me to be the persons and officers whose names are subscribed to the foregoing Lease, who being duly sworn, did say that the~ are the President · respectively, of'~-g4~e~t~W~7~bCompa~y, a corporation, and acknowledged to ~ that they ~xecuted ~aid Lease as their free act and deed in their said capacities, and the free a~t and deed of said corporation, for the purposes stated therein. ~)~.64~v~ U~Oa~ .Y .~P A~0 S~A~ OF OFFICa, this 3 day of ~, , 19/__~. Nota~ Public in an~"fo~ AlaSka ' My C~nission Expires~ LEASE - Page 13 REVISED 3/30/79 INITIALS LESSEE= LESSORs- INDIVIDUAL ACK~]O;.~LI~. D G;.IE NT STATE OF ALASKA )ss appeared 94 ,~ /: ~-gP~y~.._~ , known to ~ the person who executed the a~ve ~ase a~d acknowledged that he (she} had :he authority to sign :he same, for the purposes stated therein. Not~ Public in and for Alaska ACI~IOWI,~DGMI~T FOR ItUSBRI~ID AND ~ZFE STATE OF ~KA ) ~I~ ~ICI~ DISTRICT ) Before ~, ~he unde~signed, a Notary P~lic ~ ~d for t~ S~te of Alaska, on thie day personally ap~ar~ and , husband and wife, ~th ~ to ~ the persons whose names are subs~ribed to the foregoing ~ase, and acknowledged to ~ t~t they executed the s~e as their free ~d vol~tary act a~ deed, and for ~he p~oses ~d ~nsiderations t~rein e~ressed. ~I~ ~DER ~ ~D ~D S~ OF OFFICE, thie -- day of . . , 19__. Notary Public in and for Alaska My Commission Expires~ Approved as to Lease form by City Attorney '(Init£als) Approved by Finance Director (Initia!e) Approved by City Manager ~Initials) LEASE APPROVED BY City'Council this __day of Cit.' Cl~rk LEASE - Page 14 REVISED 3/30/79 INITIALS LESSEE, LESSOR= , 19__. Landinz ~at ~' ATTACH~ELT ~ ~A~ t P~:~i::su!a Enterrrises lnc CORPORAT TOil ACK~IOWLEDGMENT STAT[ OF ALASKA ) ) ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a flotary Public in and for the State of Alaska, on this day personally appeared JA~4ES E. CARTER, SR. known to me to be the person and officer whose name is subscribed to the foregoing Lease, who being duly sworn, did say that he is the President of PENIrISULA ENTERPRISES, I~C., a corporation, and acknowledged to me that he executed said Lease as his free act and deed in his said capacities, and the free act and deed of said corporation, for the purposes stated thertn. GIVEN UNDER MY I4ANO AIiD SEAL OF OFFICE, this <~ day of Nbta~y~/~ubltc in and for Alaska My Camttsstofl Expires: ~'~/~'-r F, LITUAL REC[SSIO~ ~D RELEASE ~JlO~ ALL H£~ BY THESE PRESE!~S: That on the day of , 1979 PEninSULA E~TERPRISES, I~C. and the CITY OF r£~AI; them. and each of them, do hereby=utually rescind that certain Lease dated Hay 9, 1966, and recorded July 7, 1971, in Htscellaneous Eook 40 at Page 30~, in the Kenat Recording District, Third Judicial District, State of Alaska, of the following described real property, to wit: Lots 9, 10, 11 a~d Lots 14, 15, 16, 17, 18 & 19 according to that plat designated "Haster Plan Aircraft Parking Areas Ke~at, Alaska: prepared by the Civil Aeronautfcs Administration, Eighth Regional Office, Anchorage, Alaska, under date of 12~ay 1952. That in consideration of the mutual rectssion and termination of said Lease therof, PENINSULA E~TERPRZSES, I~C. and the CITY OF KENAI are each ftfla11~ discharged as to the other on said Lease therof. That the CITY OF K~IIAI and PEgI~SULA EI~ERPRISES, INC. shall e~ter into a $So~ear lease on said property as of the date of thts rectsston. This Rectsston is not effective until all parties have executed it and a mutua11~ agreeable S$-year lease has been entered into between PEUINSULAE~ITERPRISES, I~C. and the CITY OF KEtlAI on Lots 14, 1S, 16, 17,18 & 19 only of the above-described real property. IN ~ITNESS ~HEREOF, the parties hereto have set theft hands and seals the day and year first above ~rttten. CITY OF KENAI ATTEST: Acting City Hanager Date Ct't~ 'clerk Carter, Sr. . ~UTUAL R£CI$510~1A~D RELEASE ~tON ALL H£~ BY THESE PRESEIITS: That on the ___day of , 1929 PEUIIISULA [UTERPRISES, IRC. and the CITY OF KE~AI; the~and each of them, do hereby mutually rescind that certain Lease dated Hay 9, 1966, and recorded July 7, 1971, tn Miscellaneous Book 40 at Page 308, tn the Kenai Recording District, Third Judtctal District, State of Alaska, of the ¢ollowtng described real property, to wit: Lots 9, I0, 11 and Lots 14, 15, 16, 17, 18 & 19 according to that plat designated "Haster Plan Aircraft Parking Areas - KenaI, Alaska: prepared by the Civil Aeronautics Administration, Eighth Regional Office, Anchorage, Alaska, under date of 12 ~y 1952. That tn consideration of the mutual rectsston and termination of said Lease therof, PENII~SULA E~ITERPRZS£S, I~C. and the CITY OF ~ttAI are each ftna11~ discharged as to the other on said Lease therof. That the CITY OF KlEfIAI and PENZ~SULA EIITERPRISES, ~NC. shall enter into a SS-year lease on said property as of the date of this rectsston. Thts Rectsston ts not effective until all parties have executed tt and a mutually agreeable SS-~ear lease has been entered into between PENINSULA E~TERPRISES, ~C. and the CITY OF KEIlA! on Lots 14, 1~, 16, 17,18 & 19 enl~ of the above-described real property. IN N!TNESS ~HEREOF, the parties hereto have set their hands and seals the da~ and year first above written. CITY OF KENA! ATTEST: Acting Ctty Manager Date City C1 e'r'k £. Carter, St. CITY OF KENAI EESOLUTION NO. 79-140 A RESOLUTION OF THE COUI~CIL OF THE CITY OF KENAI AUTHORIZING TIlE STATE OF AI~SKA, DEPARTMENT OF TRANSPORTATION, TO AWARD THE CONSTRUCTION CONTRACT FOR THE INSTALLATION OF LUMINAIRES ON WILLOW STREET TO QUALITY ASPHALT PAVING, INC. IN THE AMOUNT OF $155,000. WHEREAS, the City of Kenai has asked the State of Alaska to negot~__~e with the eontrnetor in an effort to reduce the bid price for installation of lumtnaires on iq/flow Street; and WHEREAS, this negotiation has resulted in the cont~netm', ~mltty Asphalt Paving, Inc. reducing his bid for the full project to $155,000; and WHEREAS, the Council deems this proJeet ns desh'nble for the benefit of the City. NOW, THEREFORE 0 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the State of Alaska be hereby authorized to award the construction contract for installation of lumimflres on Willow Street to Quality Asphalt Paving, Inc. in the amount of $155,000. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 3rd day of Oetobor, 1979. VINCENT O'REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk CITY OF KENAI ¥ P. O. lOX ~0 KENAI , ALASKA September 27, 1979 FROM: FOR: Kenat City Counctl Charles A. Brown Finance Director Council ~eettng of October 3, 1979 1. An update of City share of proposed Airport projects: City Share warm storage $ 6,875 Snow Removal 15,688 Electrical Generator 16,500 Ramp Extension ~ Land System Fund Balance 06-30-79 ($77,269). Short $21~794 While these amounts are estimates, it shows that we may need some help from the General Fund should all of these projects get moving this year. Keep in mind that these are our costs (3.125%). Of course, if we do sell some Airport Land, that would generate the needed funds. Council's intent has been to use the General Fund reserve for Capital Improvements to build the new city hall. The estimated cost of the project is: City Offices Health Ctr.& Auditorium P $90/Ft. Square Ft.o.i Cost 6,100' $549,000 The $270,000 for the health center and auditorium could come from bond monies which now total $334,984. The $549,000 for general city offices must come from the general fund: -2- TO: FROM: Kenai City Council Charles A. Brown Finance Director Balance in Reserve for Capital Improvements g 6-30-79 Less Shop Purchase (Transfer) Expected Addition for 79-80 $400,348 (37,500) 362,667 ~725,515 September 27, 1979 It appears as though these funds will be available to finance the City Hall even if we get no additional aid. The estimated costs of the new sewer treatment plant and interceptor have moved up to $5,975,000. We expect to have to fund 12.5~, or $746,875 of this cost. Balance in Reserve for Sewer Treatment Plant Balance in Reserve for Future Plant Expansion (W&S) $460,584 114,505 The $171,786 shortfall should be partly made up through hook-up fees in 1979-80 that will be credited to the Reserve for Future Plant Ex- pansion at year-end. Also, the water and sewer unappropriated fund balance g 6-30-79 is $157,722. Terminal revovatton - there are clearly no funds to pursue this with- out a land sale (airport land). ! can think of no reasonable funding source. Our share will be about $300,000. We will have exhausted all land system monies on other projects (see item #l). We will have $37~500 from the shop sale (transfer), but this will clearly not be enough. We need to seriously consider whether or not we want to offer land for sale again. Willow Lights - On September 25, 1979, we discovered that the State did not give us the right information concerning the construction bids on the Willow lights. They had a telegram which showed the bid at $200,000; it should have been $170,000. Through negotiation the con- tractor has lowered the full price to $155,000. Status is as follows: LSR&T $ 60,000 Street Bonds 75,000 Total Appropriated $135,00~ Bid ~ Short We have $6,958 of LSR&T funds left and $44,762 of Street Bond funds left. Therefore, we could do the full project now by appropriating those monies. -3- TO: FRO~: Kenai City Council Charles A. Brown Finance Director September 27, 1979 On September 26, 1979 we mailed in the requests for aid from FAA and the State to extend the north ramp area at a cost of $1,850,000. e The Public Works Dept. received a call from EDA saying that the $47,296.03 of Federal funds that we released because of the dropping of the Terminal Winterization Project could be returned to us for ano- ther project. They have in mind apparently any project that is labor intensive and strives to save energy. The Public Works Dept. is con- sidering some projects. Perhaps a project that has been requested for Federal Revenue Sharing Funds can be partially funded in this manner. CAB:Jw Robert T. Anderson Union O~! and Gas Dw~sion: Western Region Umo~ Oil Ccm~a.~y of Califomi~ P.O. Box 6247. Anchorage. Alaska 99502 Telephone' (907~ 276.7600 Telex. 90-25188 De~ ~t~yor OtE/ley: Un,on 0tl Company of Callfozn~ does hereby ~equesC access ~o ~ds of the Ctry of Ke~ s~ on the a~ch~ p~c for the purpose of cenducc~g a set~ suzvey. ~e pr~os~ su~ ~tll follo~ ~he ~our l~es sh~ ~ ~ app~tug ~ Sect~n 35, T6N. ~11~ and SecCt~s 1, 2, 3, ~, 1I~ 12, 13, 1~, 15, 22 a~ 23, TSN, ~IU.~. S~t~s 6, 17 and 18, TSN, 5a~ ~ey ~tll be c~r~ ust~ a m~t-hole 3 inches ~ d~_~eCe~ and T~ ~ ~tll no~ r~ut~e ~ use of vehicles on the ~ud and ~ut~ ~t~ be ~anspo~c~ by Union O~ ~any h~eby a~e~ ~o ~ the City of Keuat ~rmless any ~ all c~ fo~ d~ges C~C might ~esulC fr~ our conducC~8 a set~ su~ey ~ said ~ o~ shouId c~t~ ar/se due Co d~6e prop~y g~l or person1 o~ sa~ ~s resul~tng f~ conducting a set~tc su~ey ~ ~acen~ ~s. ~tch the propos~ sugvey t~ ~ unfore- s~ble ~C any probl~ s~u~ occur a~ for c~e ~sr parc ~r 11 probably go on unuoctc~. b~e ~pec~fully reques~ y~r coop~a~n t~ ~ts u~e~a~ng as our s~ss ~tll cezca~ly b~eftc the ~at Ar~ a~ 1rs V~y t~uly y~s~ PREPARED AT THE DIRECTION OF MAYOR VINCENT O~REILLY MOTIO!,',: An applicant for the position of City }ianager shall be informed of the following upon responding to advertisement or invitation to apply: (a) The members of Council may expect the resume' or information covering the past five years presented at interview to include: I. Detailed description of responsibilities and authorities for prior government activities. Information to include type of government programs and degree of applicant participation in initiating, supervision or completion. Infor- marion also to include types of departments supervised and number of personnel supervised. H. Precise dates of employment and termination. IH. Exact sal~*y and wage record. IV. In- depth description of applicant effort to properly assist the better- ment of private business and government relationship. V. Explanation of any personal or professional activity or occurence, known or unknown to the public at this point, the public knowledge of which would probably reflect unfavorably on the applicant holding the position of City Manager because of loss of public confidence or other factors. VI. Tlu'ee letters of recommendation at least one of which shall be from your immediate superior or a person thoroughly and personally familiar with work performance at the applicant's present position or princioal occupation during the last five year period. The applicant should understand the slithers of letters of reeommendaiton will be asked to verify content. (b) The applicant shall expect, pursuant to Court order, interviews of Council to be conducted at sessions open to the public. geptember 28, 1979 CITY OF KENAI 4 P, O. lOX S80 KENAI, ALASKA 99&I I TELEPHONE 283 - 7S3S MEMO TO: FROM: SUBJECT: Mayor and Council of the City of Kenai Keith Kornelis, Director of Public ~orks What's Happening Report for City Council Meeting October 3, 1979 ALASKA DOT - WILLOW STREET PROJECT Because of an internal problem in DOT, the City of Kenai received incorrect information concerning the c~st of the illumination on Willow Street. The actual bid for illumination was $170,000 instead of $200,000. After much negotiation by DOT with consultation with the City of Kenai Public Works, the cost for the total package of installation of street lights along Willow Street has been reduced to $~50,000. If the Council still feels that the lighting on Willow Street is of top priority, then the Administration recommends going with the whole lighting package at $150,000. DOT has assured me that Quality, the Willow Street Project Contractor, will repave all areas torn up this fall during construction. Quality still plans t6 start the underground on October 8, 1979. BARRIERS AT SPUR HIGH~AY WATERLINE Our Street Crew is presently making arrangements for installation of a barrier across the new waterline next to Beaver Creek. UNION OIL EXCAVATION IN THE CITY OF KENAI I contacted the head of Union Oil Company for Kenai,and he assured me that they were doing no excavation within the City of Kenai. They are installing a valve north of the City Limits. SIGNS AT AIRPORT There are no signs at the Airport that are down. One sign has recently been hit and bent which we have straightened out. Mr. 'Swalley, Kenai Airport Operations Officer, is studying th'e possibility of rearranging, adjusting, md installing signs for the Airport. What's Happening Report Page 2 September 28, 1979 HORIZONTAL AND VERTICAL SEPARATION OF ~ATER AND SEllER ON AIRPORT MAY I checked with Wince,Corthell, Bryson, and Freas concerning the questions raised at the last Council meeting. Since Craig Freas was at the meeting, he responded with the attached letter dated September 21, 1979. SELECTION OF ARCHITECT FOR CITY HALL As per Council's instructions, interviews for all seven of the architects who submitted proposals have been'set up for October 11 starting at 7 p.m. A schedule has been set up for each firm to give a 15-minute presentation with a five-minute break between presentations for the Council to make their notes and fill out an architect selection form. AIRPORT}rAy - WATER, SE~ER~ AND STREET The final pay estimate No. 5 is in the packet. This project has been completed with the exception of installation of clean out gaps for the six-inch sewer service. The consulting engineer has recommended retainage of $2,200 to cover this cost. This seems reasonable and is also the Administration's recommendation. RENOVATION OF ~ELL HOUSE 101 Rockford Corp. has been working on the painting of the piping within the ~ell House. Their subcontractor, City Electric, is working on the installation of the electrical gear. MODIFICATIONS TO LIFT STATIONS Cordova Construction still has to install the hinges on Lift Station No. 2. INSTALLATION OF STREET SIGNS Tolchina Excavating has seven more poles to be installed and approximately 17 more street signs. Unfortunately, our sign making machine is down for repairs with parts not expected for three to four weeks. Tolchina Excavating has been working with the City but until the sign machine is fixed and signs made, we are at a stand still on this project. There are quite a few service requests concerning changes in names of streets and some incorrectly named streets. Much of this work will have to be done by our street crew since it is outside the scope of the project. The time frame depends on the repair of the sign machine. What's Ilappcning,,~pur~"- Page 3 September 28, 1979 KENAI GRAVEL BIDS 1979 Bob Bongen has hauled 35 loads of gravel to the City Shop area and will start hauling again the middle of next week. MISCELLANEOUS ITEMS Mater and Sewer Crew has completed the installation of sanitary sewer service line to the Animal Shelter. Last night' at approximately 8:30 p.m. a combination of the Mater and Street Crews completed the repair of.the fire hydrant behind the High School. This fire hydrant has been unoperable for over four years. I understand that there has been two or three attempts in the past to repair this hydrant but because of the extremely high water table and flowing sand problems, the attempts have been abandoned. Our ~ater and Sewer and Street Crews should be congratulated for a job well done. Besides the problems with ground wa~er, it rained hard all day yesterday making the working conditions misc,-able. The drain line from the Underground Pump House to the drainage canal is very low and looks as though it should be abandoned so that ground water or water from the canal will not come in through the drain and flood the Pump House. ~e plan to install a small sump pump in this drain to be pumped out as surface water. TOPO · Leo Scheben with USKH has been diligently working on the Topo Study for the City of Kenai. George ~alker from Seattle has flown the area and photographed it. They will be doing the mapping on the project. The City has been informed that the money left over from the $150,000 CEIP Engineering projects could be used on this Topo Study. Me have therefore selected four more quarter sections to be done by USKH. I have developed a grid system for the City of Kenai and have worked with Mr. Scheben on what we want in the layout of the drawings, etc. This work should be completed by January 31. ADAP PREAPPLICATION ON RAMP EXTENSION Ted Forsi has submitted the preapplication on the ramp extension. I have worked with him to make a few changes on the estimate,and it has been submitted to FAA. I spent approximately half a day with a reprcsentative of Crawford Co. going over the damage and the possible damage at the ~ell House No. 2 where we had the chlorine leak. I believe that this is an insurance adjustment company. What's Happening ~epnr~ Page 4 September 28, 1979 GRAVEL ON BEAVER LOOP 'I talked with John Fritz of DOT materials section concerning the work that they have done in testing the City owned land for future gravel. This is part of that trade set up where the DOT would develop the pit for the City in exchange for some of the gravel. According to their preliminary work that they have done, they tested 50 acres and found five to six feet of peat. The rest of the area was very swampy .' They have turned in the data to their supervisors and in their opinion, they feel that it is not practical at this time to do any work. They did find good gravel below the peat but because of the depth cf the peat they felt that it was not practical to extract the gravel. He did say that the final decision was with his supervisor who was not available for comment at that time. About a month before they did the testing they checked with Public Works but did not contact us when they did the testing. The'City of Kenai's Street Foreman feels that there are areas where gravel is closer to the surface. WATER AND SEWER The Water and Sewer Crew has been working on hooking up the sewer line for the Animal Shelter; the fire hydrant behind the High School; the drain at the Underground Well House; reading water meters; cleaning sewer lines; repairing broken water main in Mommsen Subdivision; cleaning up yard; making water and sewer inspections in Woodland Subdivision. STREETS The Street crews have been patching pot holes; loading equipment tires with C.C.; blading streets; put up stop sign on Airport Way; painting and putting up drain post markers; making garbage runs; working on street signs; putting up wainscoting in.warm storage building by the shop; flushing storm drains in Woodland Subdivision; and working on Mukluk Building doors. SHOP The Shop has been working on regular maintenance of City vehicles and started rebuilding Sno Blower engine. KK/jet WINCE; CORTHE;LL BRYSON & F:REAS CONSULTING ENGINEERS ~ept~.~er 21, city of l{enai P.O. l)ox 580 Kenal, Alaska 9961! Attention: I~r. Keith Director of Public Works Subject: Airport }~ay- ~ater, Sewer and Paving Dear Eeith: At the City Council Meeting of 19 September 1979, Counci~m~_n ~ber indicated that "someone" had come to him concerning inadequate horizontal separation between the water and se~er mains constructed under the subject project. I h~ve discussed this m~tter with l'hilip Bryson, project manmger for 'JCBF, and he k~o~s of no such discrepancy. ~4r. Bryson pointed out that several sewer service lines crossed the water main, but these should not be considered in the same context with a sewer lateral. He also indicateA that in instances where the water and sewer intersect, sever lines are eonstrueted of ductile iron pipe in accordance with state regulations. If Councilman Abet still has any questions concerning this matter I would su~4~est that he stop. by our office, along with the individual who offered him this information, ar~ we would be more than happy to discuss the matter. I might ad~ that the se~er and water portion of this project has been completed for quite some time and it seems unfortunate that someone would wait until now to raise this question. Please let us ~no~ if we can be of further assistance in this matter. Very truly yours, cc: City Council Public Works Committee Betty Glick, C"~airman BOX 1041 KENAI,AI. AEKA E$IB11 PHONE [SID7] 2EI3-4ET~ F- __./ ' COUNCIL ~E~IJ OF Ao Co Do Eo Go AGENDA KENAI CITY COUNCU. - REGULAR MEETING OCTOBER 17, 1979 - $: 00 NATIONAL GUARD AR~ORY PLEDGE OF ALT.~-GIANCE ~LLC~L A~A~P~V~ PUBLIC REARINGS I. Ordinance 527-79, establishing a ~apitsl project fund entitled "Addition to *Fort Kenay* and increasing esti~ted revenues ~md approprisflens in such fund by S53.600. PERSONS PRESENT SCHEDULED TO BE HEARD I. lqfr. Robert Borgen. Street Excavation Ordinance 2. 15ir. Rfohard ~forgan - regarding attenda~e of Recre~tion Director at City Cra/neff meetings MII~UTE$ 1. Minutes of the regular meeting of October 3, 1979 2. ltlinutes of the spe~ meeting of October $, 1979 CORItESPONDElqCE I. Pit'. Jamee A. Eison OLD BUSINESS I. Resolutton 79-I$7. change of st.,et name from Wildwood Extension to Cook Inlet Drive NEIV BUSINESS I. Bills to be paid - bills to be ratified 2. Requ~ltlons exceeding $500 3. Ordtn~n~.e $29-70~ "Kenai Senior Citizen Pro~eet FY 1979-90' 4. Ordinance 530-79, eepitsl project entitled 'Willow Street Lumlu~lre~" 5. Or~lrmn~ 531-79, ~nendment to Airport hinds ordinance 6. Ordinanee 532-79, Tidelands Leasing Ordinance ?. Re~olutton 79-141, t~ansfor of funds in the amount of $300 * Legal Department 8. Resolution 79-142, mending Resolution 79-131, LSR&T program priorities 9. Resolution 79-143, ~.ansfe~ of funds in the amount of $2,5(]0 - 8hop Budget I0. Resolution 79-144, awarding contt~tet for archftectm, al servie~ * additt0n to Fort Kenay I1. Payments to Wince, Co~thell, Bx~son and Freas 12. Payment to USKH - Kenai Aerial Photo/M~p 13. Lens~ of Airpo~ Lands or Feeflftiss o Glo~m June Woods end Sidney Urie REPORTS I. City lVlanager 2. City Attorney 3. 1518yor (a) Appointment to Planning Commission 4. City Clerk $. Ffrmnee Director $. Planning & Zoning Commission ?. genai Peninsula Borough Assembly 8. Herbor Commission I. PERSONS PRESENT NOT SCItEDULED TO BE HEAED ADJOURNI~IENT TO JOINT MEETING WITH PLANNING CO~I.~IlSSION CITY OF KENAI ORDINANCE NO. 527-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "ADDITION TO FORT KENAY," AND INCREASING ESTIMATED REVENUES AND AP- PROPRIATIONS IN SUCH FUND BY $53,600. WHEREAS, the City of Kenai has received a grant from the State of Alaska, Office on Aging in the amount of $40,200, which represents 75% of the proposed cost of an addition to Fort Kenay, and ~HEREAS, there are sufficient monies within the Capital Improvement Special Revenue Fund, which monies have been dedicated by Ordinance No. 341-77 exclusively to capital improvements with a life expectancy of not less than 20 years, to fund the City's required 25% (or $13,400) of the project, and WHEREAS, this capital improvement is deemed to be desirable and to meet the criteria as set out by Ordinance No. 341-77, 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: Section i: A capital project fund entitled "Addition to Fort Kenay" be established. Section 2: Estimated revenues and appropriations be in- creased as follows: 'CAPITAL IMPROVEMENT SPECIAL REVENUE FUND Increase Estimated Revenues: Appropriation from Fund Balance Increase Appropriations: Transfer to Capital Projects $13,400 13,400 ADDITION TO FORT KENAY CAPITAL PROJECT FUND Increase Estimated Revenues: Transfer from Capital Improvement Fund $13,400 State of Alaska Grant 40,200 ~53,600 Increase Appropriations: Administration Architectual Engineering Construction $ 20~0 5,400 48,000 $53,600 Ordinance No. 527-79, Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk APPROVED BY FINANCE: C~'~.First Reading: October 3, 1979 Second Reading: October 17, 1979 Effective Date: October 17, 1979 AGENDA SPECIAL MEETING - KENAI CITY COUNCIL OCTOBER 5, 1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILD.lO PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL NEW BUSINESS 1. Discussion of Lockheed Constellation 2. Discussion relative to the applications fo~' the position of City Manager ADJOURNMENT t~ KENAI CITY COUNCIL - SPECIAL MEETING OCTOBER 5, 1979 - 7:00 P .M. KENAI PUBLIC SAFETY BUILDING MAYOR vn~CENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ronald Malston, Raymond Measles, Vincent O'Reilly, Edward Ambarian and Betty Glick. Absent: Michael Seaman and Phillip Abet AGENDA APPROVAL As the City Attorney was enroute from Anchorage, the order of business was changed to accommodate his arrival. B. NEW BUSINESS 1. Discussion relative to the applications for City Manager Mayor O'Reilly questioned whether or not the Council should initiate the entire selection process over again -- starting with advertisement of the position, etc. Councilman Ambarian suggested the current applicants be given the opportunity to up-date their resumes including the requirements as set forth by Council at the last meeting and return them to the City if they are still interested in applying for the position . MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that Mayor O'Reilly contact Mr. James Smith of Bozeman, Montana and ask him to up-date his resume' as well as scheduling an interview to take place and, in addition, all the current applicants will be contacted to allow them the opportunity to up-date their resumes to comply with the requirements as set forth by Council at their meeting of October 3rd and the City Clerk is hereby instrncted to readvertise the position of City Manager with a cut-off date of November 15, 1979 for receipt of additional applications. Councilman Malston inquired if during the course of readvertising could the Council proceed with appointing a new City Manager should an individual be available who would meet the needs of the City? Mayor O'Reilly stated that it would have to be looked into whether or not it would be a breech of ~ood faith to those Del'sons who are still submitting appplieattons. QUESTION: Motion passed by roll call vote with Councilman Ambarian votinK no. Mayor O'Reilly presented a proposed trrading system by which the applicants could be fairly and equally judged by each individual Council member. The Clerk was instructed to submit the proposed grading system to the other Council members for their consideration before a final has been prepared. · 10/$/79 - Page Two 2. Lockheed Constellation City Attorney Sehlereth presented an agreement prepared by the City's counsel in Anchorage relative to the purchase of the aircraft by Evans Aviation from Gerald MaNamara. Attorney Rick Baldwin advised Council that he was representing ~r. McNanara and his client was in accord with the agreement. Mr. Tom Laughead representtn~ Evans Aviation stated that he too was in agreement, however, did have a problem with the time limitations relative to removal of the aircraft fr~m the Airport. After considerable Council discussion, the following amendments were made to the Agreement: Item #3. Evans Aviation, Inc. shall remove the aircraft from the Kenai Airport within 90 days from the date the Federal Aviation Administration records reflect that title vests in Mr. MeNamara. Item//4. Removal of the aircraft shall be done in a safe manner ......... Item//5. A rental fee for the storage of the aircraft of $6.67 plus sales tax per day shall be charged from October Sth until the date the aircraft is removed. This fee shall be deducted from the $I0,000 bond. Item #6. If the aircraft is not removed from the Kenai Airport within 90 days from the date the FAA records reflect that title vests in Mr. McNamara, an additional $1,000 shall be forfeited to the City of Kenai from the bond. It is understood that ............. Item #7. Any of the above provisions notwithstanding if the aircraft is not removed from the Kenai Airport by April 1, 1980, then an additional ..... MOTION: Councilman Ambarian moved, seconded by Councilman Malston, that the City Council hereby authorizes Administration to proceed with signing the agreement as amended above subject to the review by the City's legal counsel in Anchorage. Motion passed unanimously by roll call vote. ADJOURNMENT There being no further business, Mayor O'Reilly adjourned the meeting at 9:45 p .m. Respectfully submitted, Sue ~. Peter, City Clerk AGENDA KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 3, 1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDLNG PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL CANVASS OF BALLOTS - REGULAR ELECTION OF OCTOBER 2, 1979 OATB OF OFFICE SELECTION OF COUNCIL REPRESENTATIVE TO TI~ BOROUGH ASSEMBLY SELECTION OF ¥1CE MAYOR B. PUBLIC HEARINGS 1. Ordinance 524-79, amending Section 40, Title 1 of the 1979 Kenai Code relating to the Kenai Fire Depal~nent 2. Ordinance 525-79, amending certain sa~tions of Titles l, 2, 12, IS & 20 of the 1979 Kenat Code 3. Ordinance $26-79, adopting the Code of the City of Kenai 1979 revision C. PERSONS PRESENT SCI-~DULED TO BE HEARD 1. Mr. Ted Carson - RE: leasing of FBO lots 2. Mr. Larry Yavra - Union Oil 3. Mr. Ed Call et al - Lilao Street 4. Mrs. Sendra Vozar - RE: public nuisance on Jahrig property D. MINUTES 1. Minutes of the special meeting of September 14, 1979 9.. Minutes of the regular meeting of September 19, 1979 E. CORRESPONDENCE F. OLD }tUSINESS G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Requisitions exseeding $500 3. Ordinance 527~79, establishing a capital project entitled "Addition to Ft. Kenay" 4. Ordinance 528-79, amending personnel regulations relative to City ME~'. salary 5. Resolution 79-135, t~ansfer of monies for moving expenses for new City Mgr. and to enable the process for purchase of a vehicle for the City 6. Resolution 79-135, transfer of monies to replenish Street repair & maintenance supply account which has been depleted ?. Resolution 79-137, change of street name from Wildwood ExlenSfon to Cook Inlet Drive 8. Resolution 79-138, declartnl~ certain equipment and materials surplus 9. Resolution 79-139, transfer of monies within "Fire Reservoir & Other Water System Improvements" fund I0. Contra~t Change Order #I - Rockford Corporation - Well Rouse I01 II. Final Pay Estimate - PR~S, Inc. ~ 1979 Water, Sewer & Street Improvements project 12. Payments to CH2M ltfll 13. Lease of City Lands - Peninsula Enterprises, Inc. 14. Discussion -WtHOW Street Lighting Project 19. Resolution 79-140 H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning Corem 7. Borough Assembly 8. Harber Commission MAYOR & COUNCIL - QUESTIONS AJ~D COMMENTS. I. PERSONS PRESENT NOT SCHEDULED TO BE IIEARD ADJOURN.%IENT KENAI CITY COUNCIL ~ REGULAR MEETING OCTOBER 3, 1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'I~ILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Ronald Malston, Vincent O'Reilly, Phillip Abet, Edward Ambardan, and Charles Bailie. Absent: Michael Seaman AGENDA APPROVAL With Council consent, item G-15, Resolution 79-140 was added to the agenda. CANVASS OF BALLOTS - REGULAR ELECTION OF OCTOBER 2, 1979 City Clerk Sue Peter read the results of the regular election of October 2, 1979: For Borough Assembly: Jo Ann Elson - 452 For City Council: Jem'y Andrews - 141 Betty Glick - 370 Raymond Measles - 323 Dick Muelte~ - 271 Spoiled Ballots - 9. Challenged ballots - 13 Absentee ballots - 16 Total ballots cast - 661 Mayor O'Reilly presented Councilman Bailie with a certificate of appreciation for his outstanding service to the community and thanked him for coming to the aid of the City. City Clerk Sue Peter administered the oath of office to Councilmembers Betty Glick and Raymond Measles for their three year terms of office. SELECTION OF COUNCIL REPRESENTATIVE TO THE BOROUGH ASSEMBLY Council unanimously selected Councilman Edward Ambartan to serve as the Council representative to the Borough Assembly fox' a one year term of office. SELECTION OF VICE I~La. YOR Council unanimously selected Councilwoman Gliek to serve as Vice Mayor for the up-coming year. 10/3/79 - Page Two B. PUBLIC HEARINGS B-l: Ordinance 524-79 Mayor O'Reilly read Ordinance 524-79 by title only. "An ordinance amending Section 40, Title 1 of the 1979 Kenat Code relating to the Kenat Fire Department." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 524-79, amending Section 40, Title 1 of the 1979 Kenai Code. Motion passed unanimously by roll call vote. B-2: Ordinance 525-79 Mayor O'Reilly read Ordinance 525-79 by title only. "An ordinance of the Council amending eartain seaflons of Titles 1, 2, 12, 15 and 20 of the 1979 Kenal Code." There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 525-79, amending certain sections of Titles 1, 2, 15 & 20 of the 1979 Code. Motion passed unanimously by roll call vote. B-3: Ordinance 526-79 Mayor O'Reilly read Ordinance 526-79 by title only. "An ordinance adopting the Code of the City of Kenai 1979 revision, hereinafter referred to as Kenai Municipal Code, and providing that said code be kept up-to-date by the use of a loose-leaf system." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek, for adoption of Ordinance 526-79, adopting the Code of the City of Kenai 1979 revision. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-h Mr. Ted Carson Mr. Carson advised that he was representing Kenai Packers and would speak relative to the leasing of FBO lots 1, 2, 3, 4, 5, and 6. Though Kent Packers did not have a formal lease application before the Planning Commission, they would request consideration prior to the leasing of the above named lots that some provisions be made in advance for the fish processors who would be flying fish in and would be utilizing the Kenai Municipal Airport. Mr. Carson advised that his client was concerned that even though Kenai was planning an extension to the apron, it may not be completed in time for fish season and if the FBO lots were ail leased, the other processors would not have access to the airport. As other persons were present that had a direct interest in the subject matter, Council concurred that the public be allowed to present testimony. Mr. Kerry Barker representing Columbia Ward Fisheries stated that his client simply wished to insure that they would have access to the apron for their air lift operation next summer. Mr. Ed Rogers, Vice President of Air Alaska, advised that his firm had air lifted hundreds of thousands of pounds of fish into the Kenai area and requested Council consideration that space be again allocated to them for the upcoming season. Mr. Rogers reported that his company found the Kenai operation to be very satisfactory for their operation. Mr. Tom Waterer, President of Salamatof Seafoods and one of the applicants for the lease of FBO lots, explained the reason in submitting a lease was that the size of his aircraft and operation, the area alloted by the City last summer was not sufficient to care for their needs. Edward Gernett representing Arctic Aviation advised that he would oppose the delay in granting the leases as his client had submitted their application for the FBO lots some time ago and they wished to proceed with development as soon as possible so therefore waiting until such time that the City addressed the future needs of the fish .processors would further delay his client. Mr. Bud Keener, Keene~'s Packing, stated that though his operation was somewhat smaller' than the others, they were continuously expanding and Mr. Keener er... 'lasized the need to move th.~,~fl~into the area without any delays. Councilwoman Glick~dvised that the applications for lease of the subject FBO lots were conceptual at th~s time and no final applications have been approved nor processed. Councilwoman Glick st~ggested that as the Ah'port Master Plan had not addressed this particuler problem perhaps it would be very beneficial to contact the Airport Planning Consultants and ask that~come to Kenai to meet with all interested persons to discuss the situation of accommodating the fish processors, the extra traffic as a result of Wten scheduling, etc. Council concurred and Mayor O'Reilly appointed Councflmembers Ambarian, Glick and Measles to meet in ad hoc committee with administration, planners and any interested persons relative to this matter. Councilman Ambarian was designated as chairman. C-9.: Larry Vav~a Mr. Vavra presented a letter from Union Oil Company requesting ace,ess to lands of the City of Kenai for the purpose of conducting seismic survey work. Mr. Vavra further reported that Union Oil would hold the City of Kenai harmless from any and all claims for damages that might result from their conducting the seismic survey study. 10/3/79 - Page 4 MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek, to hereby ffrant the request of Union Oil to proceed with a seismic survey on City owned lands. Motion passed unanimously by roll call vote. C-3: Mr. Edward Call Mr. Call from Bush Lanes Subdivision stated that he felt Council still had not addressed their street problem and informed Council that he snd some of his neighbors had eon- tacted an attorney who advised them not to leave the meeting until such time a solution to their problem had been discussed. Mr. Call stated that the road was very hazsrdous sinee the up-grading work and wanted the street returned to its original condition. Councilwoman Glick stated that letters had been sent to the residents (addresses obtained from the Borough tax rolls) and response from the letters indicated that the as only one-third of the property owners answered, it would appear that 2/3 were satisfied with the condition of the street. Councilwoman Glick also reminded the Council that the decision to up-grade the street was made because of the many complaints received at City Hall relative to the streets former condition and that the busses repeatedly were stuck. Councilwoman Glick stated that the Public Works Depart- ment had contacted Burton Carver Company and were advised that the busses were not experiencing the problems they had in the past on the street. Mr. Call stated that in checking the City's records, it could not be verified that the letters had been sent certified and several of the property owners had never received a letter asking for their preference relative to the street and its problems. Mayor O'Reilly stated that the City has been trying to straighten out the problems which they feel have been done, however, it now would appear that the citizens feel there is a problem with the ditching and the design of the road and it would be questionable ff the City could do anything to assist without assessing the property owners. Calvin Quandt, resident of Bush Lanes, asked for substantiation of the complaints received on the road prior to the reconstruction project and also felt the contractor had worked in the area on two different occasions and had not been respectful of personal property. Sandra Vozar, property owner, stated that the residents on the street had submitted a petition to Council some time ago with 36 signatures which opposed the street improve- ment project and still the City had continued with the project. Mrs. Vozar stated that their greatest concern was with the deep ditches and would therefore request that the City fill in the ditches at a cost of approximately $5-7,000 or allow the residents to fill the ditches in themselves. Dean Ottesen stated that he supported the views of the other residents in requesting that the City address the problem of a poor street condition. Craig Freas, engineer on the project, advised Council that the street was constructed to S~ate authorized specifications and standards. ~ C-4: D-h After considerable reiteration of the problem, etc., Council directed Administration to contact the EDA office in Seattle to establish the r,,ethods by which any alterations could be done to the project and, in addition, all the le2~l ramifications, costs, etc.) to the City should any modifications be made to the project at this time. Mayor O'Reflly requested that the residents of Lilac submit a petition to establish exactly what percentage of the property owners did in fact wish to have the condition of the street addressed by the City (i.e.~return the street to its original condition). Administration to report back to Council at the next meeting. Sandra Vozar - Public Nuisance Mrs. Vozar came before Council once again relative to the alleged public nuisance on the Jahrig property adjacent to her property in Old Townsite. Mrs. Vozar stated that it has been over a year since Mr. Jahrig was ordered by the City to clear his property and in the interim period, he had accumulated additional materials. With Council concurrence, Mayor O'Reilly directed Administration and the Legal Depart- ment to investigate the alleged public nuisances on the Jehrig propert~y and return to Coup. eft at the next meeting with a full report. Minutes of the special meeting of September 14, 1979 MOTION: Councilwoman Gliek moved, seconded by Councilman .~Ialston, for approval of the minutes with the correction of the date to September 19th on paF. e 6. Motion passed. D-2: Minutes of the regular' meeting of September 19, 1979 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of the minutes with a ~orreeflon to reflect that Mr. and Mrs. Cresswell were under the impression that they would pay: the original hook-up fees of $I0 each ........ Motion passed. I~. CORRI~SPOND]~NCB None F. OLD BUSINF. SS Reconsideration Mayor O'Reilly requested that Vice Mayor Glick assume the Chair. , MOTION: Mayor O*Beilly moved, seconded by Councilman .~.~alston, for reconsideration of item 10/3179 - Page 6 G(a), appointment of City Manager. Motion passed unanimously by roll call vote. Mayor O'Reilly read a telegram sent to Mr. Dale Stewart in which the City requested response from Mr. Stewart or the City would have to reconsider and rescind the motion which offered employment to Mr. Stewart. Mayor O'Reilly advised that no word had been received from Mr. Stewart MOTION - APPOINTMENT MOTION Motion failed unanimously by roll call vote. MOTION: Mayor O'Reilly moved, sc¢onded by Councilman Malston, as follows: An applicant for the position of City Manager shall be informed of the following upon responding to advertisement or invitation to apply: (a) The members of Council may expect the resume' or information covering the past five years presented at interview to include: I. Detailed description of responsibilities and authorities for prior government activities. Information to include type of goverment programs and degree of applicant participation in initiating, suoervision or completion. Information also to include types of departments supervised and number of personnel supervised. II. Precise dates of em.oloyment and termination. III. Exact salary and wage record. IV. In-depth description of applicant effort to properly assist the betterment of private business and government relationship. V. Explanation of any:r- personal or professional activity or occurrenceknown or unknown lo the public at this -~ point, the public knowledge of which would probably reflect unfavorably on the applicant holding the position of City Manager because of loss of public confidence or other factors. VI. Three letters of recommendation at least one of which shall be from you~ immediate superior or a person thoroughly and personally familiar with work performance at the applicant's present position or principal occupation during the last five year period. The applicant should understand the signers of letters of recommendation will be asked to verify content, qb) The applicant shall expect, pursuant to Court order, interviews of Council to be conducted at sessions open to the public. Mayor O'Reilly stated that he felt the above was a highly detailed set of standards that an applicant must meet and the applicants must be aware that all interviews will be con- duc, ted in the public. QUESTION: Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Abet to refer the applications back to the ad hoc committee from Council for review and in the interim contact the remaining applicants to advise of the Council directive as set forth in the foregoing motion allowing them to up-date their resumes if need be. Councilman Ambarian stated that he felt the Council had extended the,use of Charles Bro~v~iY' as acting City Manager and perhaps should consider hiring a person on a consulting basis until such time a City Manager has been selected. Councilman Abet stated he would I0/3/79 - ~es'e ? like to contact some of the present applicants and schedule interviews. Councilman Malston advised that the Council should contact Mr. Smith of Bozeman, Montana as soon as possible to up-date his resume' and rescheduie an interview. MOTION - AMENDMENT Councilman Malston moved, seconded by Mayor O'Reilly , to review the applications in a special meeting of Council. Motion passed unanimously by roll call vote. MAIN, AS AMENDED: Passed unanimously by roll call vote. A special meeting of the Kenai City Council was set for Friday, October 5, 1979 beginning at 7:00 p.m. at the Kens/Publie Safety Building. G. NEW BUSINESS G-h Bills to be paid - bills to be ratified Councilman Malston noted that supplies had been purchased through Moore Businp~ and directed that in future purchases, local suppliers be contacted first and iten}~drchased locally if at all possible. Councilman Amba~ian requested that a notice be placed in the local media requesting vendors that are interested in supplying any type of goods so that when there is a purchase or bid, these people can be advised to allow them the opportunity to bid or furnish pricing information. Councilman Malston also requested that the bills to be paid ~nd bills to be ratified as well as requisitions exceeding $500 be placed in the packets on Friday. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for approval of bills to be paid and bills to be ratified as presented this date. Motion passed unanimously by roll cai1 vote. G-2: Requisitions exceeding $500 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of requisitions exceeding $500 as submitted this date. Motion passed unanimously by roll call vote. G-3: Ordinance 527-79 Mayor O'Reflly read Ordinance 527~79 by title only. "An ordinance establishing a capital project fund entitled "Addition to Fort Kenay" and increasing estimated revenues and appropriations in such fund by $ 53,600." MOTION: Councilman Malston moved, seconded by Councilwoman Gltck, for introduction of Ordinance 527-79, establishing capital project fund "Addition to Fort Kenay." Motion passed unanimously by roll call vote. G-4: Ordinance 528-79 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to withdraw Ordinance 528-79, setting the annual salary of the City Manager. Motion passed unanimously by roll cai1 vote. G-5: Resolution 79-135 MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek, to withdraw Resolution 79-135, transferring monies within City Manager budget for moving exoenses and purchase of a new vehicle. G-6: Motion passed unanimously by roll call vote. Resolution 79-136 Mayor O'Reilly read Resolution 79-136 transferring funds in the amount of $3,000 to replenish the street repair and maintenance supply account which has been depleted. MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for adoption of Resolution 79-136, transfer of $3,000 to replenish the Street Repair and Maintenance Supply account. Motion passed unanimously by roll call vote. G-?: Resolution 79-137 Councilman Ambarian inquired if it would be legal to change the name of a street when the City has still not obtained title. City Attorney Scblereth advised that he would research the matter. MOTION: Councilman Ambarian moved, seconded by Couneflr~an Abet, to table Resolution 79-137, approving recommendation to change the name of ~'~tldwood Extension to Cook Inlet Drive. ~.~' Motion passed unanimously by roll call vote. 10/3/79 - Page 9 G-8: Resolution 79-138 Mayor O'Reflly read Resolution 79-138 by title only. "A resolution declaring listed City equipment and materials surplus." There was no public comment. MOTION: Councilwoman Glick, moved, seconded by Councilman Ambartan, for adoption of Resolution 79-138, declaring certain equipment and materials sm'plus. Public Works Director Kornelis advised that the auction would be changed to Saturday, October 13, 1979 in the City Shop Yard. Mr. Kornelis also requested approval to hire Sally's Auction to work for a 10% commission of the total sales. MOTION- AMENDMENT Councilman Ambarian moved, seconded by Councilwoman (]lick, to amend the motion to authorize the appointment of a professional auctioneer for the upcoming sale. Motion passed unanimously by roll call vote. '-',. MAIN, AS AMENDE'D: Passed unanimously by roll call vote. G-9: Resolution 79-139 Mayor O'Reflly read Resolution 79-139 - transferring funds in the amount of $1,956 in the capital project fund entitled "Fire Reservoir and Other Water System Improvements" project to provide monies for Rockford Corporation Change Order #I. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Gliek, for adoption of Resolution 79-139 transfer of funds in the amount of $1,956 in the Fh'e Reservoir fund. Motion passed unanimously by roll call vote. G-10: Contract Change Order #1 MOTION: Councilwoman Glick moved, seconded by Councilman ~alston, for approval of Change Order #I in the amount of $1,955.49 to Rockford Corporation for renovation of Well House fl01. .,,..~ Motion passed unanimously by roll call vote. G-II: Final Pay Estimate MOTION: Councilwoman Glck moved, seconded by Councilman Ambarian for approval of payment 10/3/79 - Page I0 in the amount of $60,074.98 to PR~S for 1979 Water, Sewer & Str~,et Improvements and the remaining $I, 000 to be paid when the punch list has been completed. Motion passed unanimously by roll call vote. G-12: Payments to CH2M Hill MOTION: Councilman Ambarian moved, seconded by Councilman ~alston, for approval of payment to CH2M Hill on invoice 9931 in the amount of $3,866 and invoice ~936 in the amount of $15,900. Motion passed unanimously by roll call vote. G-13: Lease of City lands MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for approval of Mutual Recission and release of Lots 9, I0, 11 and 14, 15, 16, 17, IS, 19 for Peninsula Enterprises and approval of lease of Lots 14, 15, 16, 17, 18 and 19, Concession Area for Peninsula Enterprises for a term of 55 years at the annual rental of $2,700. Motion passed unanimously by roll call vote. G-14: Discussion - Willow Street Lighting G-IS: Resolution 79-140 Mayor O*Reilly read Resolution 79-140 by title only. "A resolution authorizing the State of Alaska, Department of Transportation, to award the construction contract for the installation of luminairea on Willow Street to ~.uality Asohalt Paving, Inc. in the amount of $155,000 ." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Gliek, for adoption of Resolution 79-140, awarding the contract for installation of luminatres on Willow Street to Quality Asphalt in the amount of $155,000. Motion passed unanimously by roll call vote. H. REPORTS (a) Acting City Manager Charles Brown advised Council that the City had sent letters of proposals out to three different architectural firms for the addition to Fort Kenay. Co) Mr. Brown requested approval to submit a grant application for use of money left from the Arctic Door Project to utilize for the shop addition (lub rack3. MOTION: Councilwoman (}lick moved, seconded by Councilman Malston, for authorization for Administration to proceed with the grant application to F. DA relative to the ussqe of the remaining funds from the Arctic Door Project ($47,296.03). Motion passed unanimously by roll call vote. (e) Airport Operations Manager will require a special law enforcement officers limited commission to relieve the police officers of the security requirements in the Airport Terminal. Council had no objection. H-2: City Attorney (a) Constellation - City Attorney Schlereth advised that Evans Aviation was in the process of purchasing the Constellation from Mr. McNamara and the City legal counsel in Anchorage would be required to prepare an agreement relative to the purchase transaeflon. Mr. Schlereth requested that the item be included on the a~enda of the special meeting scheduled for the Sth which would require an extension of the deadline to Mr. McNamara. MOTION: Councilman Ambarian moved, seconded by Councilman Malston0 to extend the October 3rd deadline to October 5th, Motion pass. ed unanimously by roll call vote. City Attorney Schlereth advised that a summary Judgment motion had been ~ed in the c~,~ v~. city matter and a trial should be set next week. (c) Peninsula Newspaper vs. City_ - the Court had awarded attorney's fees in the amount of $2 ,$00, however, the matter will be held until a decision has been set down from the Supreme Court. H-3: Mayor's Report Mayor O'Reilly advised that Mr. Green with Pacific Alaska LNG would like to meet with Council on October 16th, 4:00 p .m. in the Public Safety Building to discuss the financial portion of their project. H-4: City Clerk H-5: City Clerk Sue Peter read into the record the outcome of two telephone polls conducted by the Administration relative to the inspection of the Peninsula Enterprise building for use as warm ~torage by the City of genai. Poll conducted on Auffust 20th relative to Mike Taurtainen's proposal to do the work for $850 - All voted no with the exception of Mayor O'Reilly who voted yes and Councilman Abet not voting. August 21st poll - for acceptance of proposal from Carmen Gintoli for a sum of $750. Failed with Councllmember OtReflly and (]lick voting yes. Finance Director No report 10/3/79 - Page 12 H-6: Planning & Zoning Councilwoman Glick suggested that with regard to the joint meeting of Council and the Planning Commission scheduled for October 17th, perhaps the Council should start their meeting at 6:00 p .m. Council so concurred. LETTER FROM DR. HANSEN - ROW IN FRONT OF BENCO BUILDING Councilwoman Gliek advised that the Public Works Committee discussed the maintenance of the street and it was the committee's recommendation that maintenance should be allowed and as the Council had given permission on a prior occasion for the l~latting and Administration should proceed so that the matter can be settled once and for all as the property lines, eto. H-?: No report H-8: Harbor Commission Mayor O'Reflly advised that the Harbor Commission is working most diligently on the Tidelands ordinance. H-9: Public Works Committee Couneflwoman Glick advised that the committee reviewed many street situations which included Lflae Street and the Frontage road (in front of the Benco Bldg and up to the Redt-Stop) and also met with the residents on Aliak Street and the committee requested that the Public Works Street crew put down some gravel to make the road more passable and, in addition, requested some survey work be done to further address the problems of the condition of the street. With regard to Lilac Street, Councilman Abet requested that in contacting EDA relative to modifications to the project, that Administration contact both the audit and engineering groups in EDA. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mr. Haward Call Mr. Call inquired to whom would a person contact at the City when a resident has a complaint on a project. City Attorney Schlereth advised that if there is cause of action against the contractor, the resident should contact that individual, however, the City Attorney advised that he would investigate the matter further and report back to Council. 1-2: Mr. Carmen Gintoli advised that he and two other (Ernest Schlereth and Tim Wisniewski) had formed ~Big Brothers of Kenai" for the Kenai-Soldotna area. ADJOUP, NMENT There being no further business to be brought before Council, Mayor O'Reilly adjourned the meeting at 12:35 p .m. R~fu~ ~_?~, ,Sue C. Peter, City Clerk James A. Elson P. O. Box 3021 Soldotna, Alaska 99669 October 12, 1979 Hayor and Council City of Kenai Box 580 Kenai, Alaska 99611 Re: Notice of Public Hearings Dear Nayor and Councll~e~bers: I am asking that you reconsider your present policy on how you give public notice on issues requiring public hearings. It is myunderstanding that a notice of a public hearing is now being posted on centain prominent bulletin boards. i~hile this may meet the requirements o£ the City Charter and that this requirement was adequate at the time the City was incorporated, I feel that with the growth of the City's population and available media, that the present policy is to:ally inadequate. Since each ordinance affects the lives and finances o£ each citizen as well as the function o£ the City Government and each ordinance is required to have a public hearing, a sincere effort must be made to make the public aware of the legislation being considered that may affect them. I realize that cost ~st be incurred in order to do so. I am also aware that at budget time when you are considering the dollars required and weighed against actual public involvement for the number of ordinances considered, it seems doubtful that the expense is Justified. However, if public involvement is precipitated for Just one issue that would have othe~tse gone unnoticed until time of enforcement, and that issue does not meet with public acceptance, the cost of advertising for the whole year would be worth it. 1£ the public comes to you after enactment, you may incur the cost of repeal, amending, possible legal expenses, but more importantly, would be the cost of the lack of public trust in the Council and the City. Although you are meeting the requirements of the Charter as far as how you give notice of a public hearing, the fact that you are required to hold a public hearing on every ordinance, in my mind, also requires that methods should be used to notify the public of those hearings in.a manner that the public is aware of those notices. Unfortunately, the Council's integrity is always being questioned. I feel it is very important today for government, especially local government, to take every step available to assure the public that it deserves the public's trust. I hope you take my rem~_rks in this light, as positive advice and not as criticism. cerely ~ ~ CITY OF KENAI RESOLUTION NO. 79-137 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROVING THE RECOb~NDATION OF THE KENAI ADVISORY PLANNING AND ZONING COb~ISSION TO CHANGE A STREET NAb~ WITHIN THE CITY OF KENAI FROM "WILDSfOOD EXTENSION" TO "COOK INLET DRIVE." ~HEREAS, Section 14.1S.140 of the Kenai Code authorizes the City Council, by resolution, to change a name of an existing street upon the recommendation and approval of the Planning and Zoning Commission and after consultation with the Kenai Peninsula'Borough and any other municipalities directly affected thereby, and $~HEREAS, the Kenai Advisory Planning and Zoning Commission has been presented with a petition for street name change from "llildwood Extension" to "Cook Inlet Drive," and I~HEREAS, the signatures on said petition for all except three names represent most if not all of the owners of property on said street, and I~HEREAS, the Commission determines that there would be no problem or public inconvenience attached to the changing of the name to "Cook Inlet Drive" and the Borough having been consulted with on this matter. NOir, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the recommendation of the Kenai Advisory Planning and Zoning Commission to change a street name within the City of Kenai from "Wildwood Extension" to "Cook Inlet Drive" is accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this day of October, 1979. VINCENT O'REILLY, biAYOR' ATTEST: Sue C."Pe~er, City Clerk' ' CITY OF KENAI RESOLUTION NO. 79-31 A RESOLUTION OF THE KENAI ADVISORY PLANNING AND ZONING CO~fISSION RECOI~ENDING TO THE CITY COUNCIL A CHANGE OF STREET NA~ WITHIN THE CITY OF KENAI FRON WILDWOOD EXTENSION TO "COOK INLET DRIVE." IgHEREAS, Section 14.15.140 of the Kenai Code authorizes the City Council, by resolution, to change a name of an existing street upon the recommendation and approval of the Planning and Zoning Commission and after consultation with the Kenai Peninsula Borough and any other municipalities directly affected thereby, and WHEREAS, the Kenai Advisory Planning and Zoning Commission has been presented with a petition for street name change £rom 'Wildwood Extension" to "Cook Inlet Drive," and WHEREAS, the signatures on said p~tition (copy of which is attached hereto) for all except three names represent most if not all of the owners of property on said street, and WHEREAS, the Commission determines that there would be no problem or public inconvenience attached to the changing of the name to "Cook Inlet Drive" and the Borough having been consulted with on this matter. NOlt~ THEREFORE, BE IT RESOLVED BY THE KENAI ADVISORY PLANNING AND ZONING CO~fISSION that it recommend to the City Council that the street presently named "Wildwood Extension" within the City of Kenai be renamed to "Cook Inlet Drive." PASSED BY THE KENAI ADVISORY PLANNING AND ZONING COM~ilSSION on this 26th day of September, 1979. · Philip%Bryson, Pres'~ing Chairman VE~DOR FUR APPRUVAL Yukon Office. Supply IItE FOLLO~ISG ITE.~ ARE 0t/£R $500.~"~-'HICH IIEED COUnCiL APPROVAL AY, OI~.I ~ DE,6CR ! P! I O,'i PRO.IEC'I / ffl~ PARI.~IE:.q' OR ~ATIFICATIO!; 10/17/79 1,173.26 Stanp Rack Library Office Supplies Library Desk Fire Office Supplies Fire Copy Paper Various Envelopes/Pens City Clerk Office Supplies Police Desk A~itml Control Office Supplies Finance Office Supplies Office Supplies Office Supplies Office Supplie~ Airport Administration City Attorney City Eanager P~-AdnLuiatration S~all Tools/H/nor Equip. Office Supplies Hachinery & Equipment Office Supplies Printing 6 Binding Office Supplies Office Supplies Hachinery 6 gqulp-~e~t Office Supplies Office Supplies Office Supplies Office Supplies Office Supplies 8,76 7l.&O 605.00 52.15 128.10 29.34 49.21 i00.O0 87.63 14.80 60.23 42.67 121.97 Craig Taylor gquip=e~t Ted Forsi & Associates Ho~er Electric Hack Hasonry E.A. Pat~ ~ic~ter Traf f~ ~trol ~c~rd ~tt 835.36 750.00 5,287.30 710.00 650.OO 1,298.15 3,159o20 506.56 1,928.95 Pu~p Parts Shop Grant Preapplicatio~ Airport Land September Electricity Various Type~riter Communications I~stall ~indo~s Jail Sno~olo~er 81ock Shop Engine Parts Shop October Janitorial Police October JaaitorLal Library October Janitorial Airport Terminal Post Caps/Brackets Streets Legal Fees City Attorney 10594 10594/10618 10193 10718 10516 10~98 10586 10655 10608/10513 10668 I0607 10607/10661 10661 10608/10660 10550/10607 10641 Repair/Haint. Supplies 835.36 10563 Professional Services 750.00 10~17 Utilities 5,287.30 llachinery 6 Equipment 710.O0 10163 Buildings 650.00 10680 Repatr/Haint. Supplies 275.00 10582 Repair/~aint. Supplies 1.023.15 01828 Professional Services 266.20 10054 Professional Services &00. O0 10056 Professional Services 2,493.OO 10059 Repair/Natal. Supplies 506.56 10319 Professio~al Services 1,928.95 FOR R&TI FICATIO!; Kcqu,m! Penlnsuls BorouEh 22,O~.O.00 City of KenaI-EDA Account 4],O04,64 ~ 18,815,18 i~s~ Hunicipal ~gue 765,00 Travelers 2naurance ~pany 9,O07,89 ~tio~i Bank of A]aa~ 200,O00,00 l~nd Lc)t ter7 Central 3'rea~u~ y Varlou~ Various Various Central Treasury On Deposit 22,010.00 Transfer of Funds 43,004.64 Retirement 18,815.18 Transportation 765.00 Health Insurance 9,007.89 Central Treasury 200,000.00 VEr~DOR DESCRIPTI 0:; DEPAAT~E[rT Richard Carnett gner~on Diesel Hutchlngs Chevrolet Alyeska Sales Tire City Bob*s Texaco Penim~ul~ Tire Center Legal Pees Overhaul Transmission Tires Tires Tires Tires Tires City Attorney Shop Shop Shop Shop Shop Shop Professional Services Repair & Eaintenance Repalr/~4alnt. Supplies Repair/Naint. ~opplies Repair/Haint, Supplies Repair/Haint. Supplies Repair/Haint. Supplies 1,928o95 2,057.93 2,O60.12 2,O47.12 2,074.47 2,26~.&2 CITY OF KENAI ORDINNtCE NO. 529-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI INCREASING ESTIMATED REVENUES AND A. DPROPRIATIONS IN THE SPECIAL REVENUE FUND ENTITLED "KENAI SENIOR CITIZEN PROJ£CT FY 1979-80" IN RECOGNITION OF A GRANT INCREASE FROM STATE OF ALASKA. WHEREAS, the State of Alaska, Office on Aging, has increased the Title III grant for FY 1979-80 to the City of Kenat by $3,650 (from $25,200 to $28,850), and WHEREAS, the City administration desires that these funds be used to reduce the C(ty of Kenai match for shop services in the amount of $3,000 and to increase machinery and equipment for the purchase of a sewing machine in the amount of $650, 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 estimate revenues and appropriations in the special revenue fund entitled "Kenai Senior Citizens Project FY 1979-80" be increased (decreased) as follows: Increase (decrease) estimated revenues: State of Alaska - Kenat Senior Citizens Project, Title III $ 3,650 Shop services (in-kind) [ 3,000) $ 650 Increase appropriations: Machinery & Equipment $ 650 PASSED BY THE COUNCIL OF KENAI this 7th day of November, 1979. Attest: VINCENT O'REILLY, MAYOR Ctt~Clerk Approved by Ftnance Otrector~'~',.*~~ FIRST READING: SECOND READING: EFFECTIVE DATE: October 17, lg7g November 7, lg7g November 7, lg7g CITY OF KENAI ORDINANCE NO. 530-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "WILLOW STREET LUMINAIRES" BY $13,042. WHEREAS, the City of Kenat, by Ordinance No. 507-79, has appropriated $75,000 of 1974 Refunded Street Bond monies for the installation of luminaires along Willow Street, and WHEREAS, those bond monies were to be combined with $60,000 of Local Service Roads and Trails (LSR&T) program funds to provide $135,000 as the estimated cost of the project, and WHEREAS, the low bid, as negotiated, for the project is $155,000, and WHEREAS, Council desires that we proceed with the project and that existing LSR&T monies of $6,958 be used as well as $13,042 of bond monies to provide the additional $20,000 needed,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 as follows: Section 1: The City Administration be directed to request the State of Alaska to increase the amount of Local Service Roads & Trails funds applicable to this project by $6,958 -- to a total of $66,958, and Section 2: Estimated revenues and appropriations in the capital project fund entitled "Willow Street Luminaires" be increased as follows: Increase Estimated Revenues: 1974 Refunded Bonds (Streets) $13,042 Increase Appropriations: construction $13,042 PASSED BY THE COUNCIL THIS 7th day of November, 1979 . Attest: VINCENT O'RE'ILLY, MAYOR City Clerk Finance Director Approval: ~~'~ FIRST READING: October 17, 1979 SECOND READING: November 7, lg7g EFFECTIVE DATE: November 7, lg7g CITY OF KENAI ORDINANCE NO. 531-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE LEASING OF AIRPORT LANDS ORDINANCE. WHEREAS, the City presently has an airport lands leasing ordinance codified in 21.10.010, et seq of the 1979 Kenai Code, and WHEREAS, the codified code revision of this ordinance should be amended to reflect certain additions within the body of the ordinance contained in new airport lands leases which were omitted from the pre-code airports ordinance and also to insert sections of the pre-code airports lands ordinance which are not contained in the codified revision. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA AS FOLLOWS: Section 1: Section 21.10.010 to and including 21.20.020 ~f the 1979 Kenai Code are hereby repealed. Section 2: A n~w 21.10.010 to and including 21.20.730 of the 1979 Kenai Code is hereby adopted in the form as attached hereto and made a part hereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of November, 1979. ATTEST: VINCENT O'REILLY, MAYOR City Clerk First Reading: October 17, 1979 Second Reading: November 7, 1979 Effective Date: December 7, 1979 Title 21 CITY AIRPORT AND AIRPORT LANDS Chapters: 21.05 21.10 21.15 Airport Administration and Operation Leasing. of Airport Lands Provisions Reguired in All Airport Land Leases 21.20 Policy Governing Modifications of Existing Leases 21.05.010 AIRPORT ADMINISTRATION & OPERATION; Permit: 1. All lessees, owners or occupants of property within the territorial jurisdiction of the Kenai Municipal Airport who wish to construct or operate terminal or transportation facilities of any kind thereon, including, but not limited to, aircraft maintenance facilities, warehouses and all other related transportation, commercial or industrial facilities shall apply to the City Administrator for au- thorization. Such application shall be accompanied by a plan of the proposed construction that shall meet all standards or requirements which may be required by the ordinances of the City of Kenai relating to zoning, sub- division regulations and.building construction standards. 2. The City AdminiStrator shall refer plans of the type or location of the proposed construction which are in conflict with the General Plan to the Planning Commission to determine whether such proposed construction is in keeping with the objectives of the General Plan. The decision of the Planning Commission shall be binding unless reversed by the Council. The City Administrator, subject to conditions of this section, may issue permits upon such terms and conditions and for such durations as authorized by the Council, and no construction shall be done nor operation carried on without a permit from the City Administrator. 3. Every permit, lease, deed or conveyance of any right, title or interest from the City to any land within the jurisdicuion of the Kenai Municipal Airport shall incorporate by reference, or otherwise, and shall be subject .to the restrictions contained in this section of the 1963 Kenai Code. (KC 17-23) 21.05.020 Investigation of Permit Holders; Cancellation: The City Administrator may inquire into the manner in which obligations are carried out, and the practices of permit holders for the purpose of determining whether the pro- visions of the permits are being complied with. This section shall authorize access to books and records of permit holders 21-1 as may be reasonably necessary to enable making a deter- mination thereunder. Should the City Administrator find that at any time a permit holder is not complying with the terms of the permit issued, the permit may be cancelled upon notice and in accordance with such procedure as may, by regulation, be prescribed. (KC 17-24) 21.05.030 Regulation of Airport: The City Adminis- trator may regulate the manner in which the Kenai Airport and compatible non-aviation facilities are operated with reference to the safety, accommodation and service to the public. In order to implement this grant of authority, the City Administrator shall have the power to adopt such rules and regulations as may be necessary to carry out the duties under this grant. In this connection, the rules and regu- lations adopted prior to the enactment of this addition to the 1963 Kenai Code are hereby ratified, and approved and continued in full force and effect until further amended or repealed by subsequent action of the City Administrator in accordance with acceptable procedures for the adoption of rules and regulations. (KC 17-25) (See Appendix A attached hereto) 21.05.040 Parking Automobiles and Aircraft: It shall be unlawful for any person to park any automobile or air- craft in any area contrary to the designation for that area on the Kenai Municipal Airports the lands of the Kenai Municipal Airport Terminal System, or fail to obey the proper regulations for the control of ground traffic as established by the Airport Manager or his designated rep- resentative. Said Airport Manager or his designated rep- resentative shall be vested with full police powers under the authority of this City to endorse the provisions of this section. (KC 17-34) 21.05.050 Penalties: Any person violating any of the provisions of this chapter or any of the rules, regulations or orders made and issued under this chapter is guilty of a misdemeanor, and upon conviction, is punishable by a fine of not more than $100. (Ord 263) 21.10.010 LEASING OF AIRPORT LANDS; Lands Available for Leasing: Ail the Airport lands within the limits of the City to which the City holds title may be leased as herein- after provided. 21.10.020 Qualifications of Applicants or Bidders: An applicant or bidder for p lease is qualified if the applicant or bidder: 1. is an individual at least 19 year~ of age or over; or 21-2 ~. i~ ~ctin9 ~ an ~ent for ~6th~r ~nd ~ q~lified ~/ fili~9 with t~ Cit% Cl~rl ~ proof P~er et Attorn~/ or hi.elf. ~ ~r~ 'a~ent' i~cl~ ~I e~ broker~ 21.10.0~0 ~plic~tions= All appli~tion9 for lease of ~d= s~ll ~ filed with t~ City Clerk o~ fo~ provi~d ~t~ on re~ipt ar~ pa~flt of filing fee. After filing, ~x~ of ~0 ~Ts ~11 ~ all~wed ~ ~le~ t~ a~li- ~tion. Filing fees are not refun~ble. Mith ~/er7 ap~ltcati~ the a~lic~.t ~hsll ~it ~elop~nt plan, o~inq a~ ~ti~9= ia) t~ ~r~se of the pzo~ 1~; (b) the use, va1~ a~d ~ture of t~rove- ~nt~ ~ ~ ~zucted~ Icl ~ t7~ of wnstru~tion; the ~ w~truction is estim~d W ~ce and ~ ~le~d (~xi~ of 2 y~r~); a~, ~el whether intended u~ ~Ites with the zo~i~ ozii~n~ a~ ~rehe~sive pla~ of the City. %li~ti~ shall ~ a part of lea~. 21.10.040 ti~ts Prior to ~asin~: ~ filin~ of application for a lea~ shall give t~ appli~n~ n0 right to ~a~ o~ ~ t~ u~ of t~ land applied for. ~e appli- ~tio. ~11 expire within t ~nths afar t~ a~li~tion ~ ~n rode if a 1~ ~s not Mn en~red in~ ~tween t~ City and t~ appli~t ~ t~t ti~. ~a~ ra~s are s~J~t ~ e~n~e on t~ ~sls of an apprat~l to~ ~e~y wnths on t~ pro~rt~ a~lted for. 21.10.050 Classili~tion Prior W ~a~ ~uired: E~ for ~pt lease appli~tio~ ~cribed ~n the ~ecti~n ~!~, be!ore accepti~ application0 ~ lease lands the area involved s~ll ~ve first b~n clasoifi~ for ~r~it~d ~ u~ and a ~d ~e plan of the ar~ p=epared and p~ligly ~s~d in the City ~all offi~s. ~e ~nd plan shall ~ prepared ~ the City Planning C~tssion and 21.10.060 ~roce~i~9 Proc~ure~ 1. appli~tions s~ll ~ forwarded to 'the ~vt~0ry Planning and ~is~ion u~ recei~. ~e ~vi~ry Planni~ and ~nin~ ~i~io~ s~ll ~llt ~nsider appli~tion~ for specific land~ o~ a fir~t-~ ~tr~t-~erve ba~ts. ~re there iiificulti in ob~ini~ a perfec~d ~pplt~tton, de~il~ ~ development plans~ etc. ~ then the Advtsor~ Plan~l~ ~ntng ~is~ton ~7, after d~ ~ttce W the first ap- plicant, ~nuider a oe~nd a~licant for the pagticular 2. ~ Cit~ ~uncil ~11 no~lly revi~ a lea~e pro~gal only after approval of the Advisory Planning and ~-la9 Cor~i~io~. However, appeals of ~visory Planning and ~nlng Cool,sion disapproval ~7 be ~de to the ~actl. Completed, stg~ed leases must ~ pre~nted withi~ 30 days after approval by the Advisory Planning and Zoning C~i~sion. 3. Conceptual applicationz relative to unplatted land and/or unrel~ased lands will alzo be con~id~red on a first- come, fir~t-~erve basis. On approval of concept by the Advisory Planning and Zoning Commi~ion and the City Council, the applicant ia a~sured the right of first refuoal of the cordance with established policy. 21.10.070 Review: ~o leaoed land may be changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning Commis~ion and approved by the Council. 21.10.080 Terms of Lease: All leaae~ aha11 be at, roved by tho City Council befo~t--~ oam~ aha11 becom~ effective. The term of any given lea~e shall depe~ upon the durability of the pruposed use, the a~unt of in~e~nt propos~ a~d ~de, a~d the nature of the impr~t propoo~d with respect to durability and time required to a~rtize proposed 21.10.090 Al~raisal= No land shall be lea~ed, or a renewal lease issued, unless the sam~ hag been apprai~ed within a 6 month period prior to th~ d~te fixed for beginning of the term of the lease or renewal lea~e. ~o land ~hall b~ leased for less than the a~proved apprai~ed annual rentalo Appraisals shall reflect the number and value of City service~ rendered the land in qu~stion. 21.10.100 Annual Minimum Rentals Annual minimum rentals shall be computed from the approved appraised~ar~et value utilizing the ~thod a~ describad in ~ection ia) below. Annual minimum rental shall (a) Taxes pertainin~ to the leasehold int~r~t Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installm~nt~ rent i; paid o~ a monthly or yearly (¢) All taxes and assessmenta levied in the future by the City of Kenai, a~ if Lessee wa~ con;iderod tho legal owner of record of the Leased Property. (d) Interest at the rate of 8% per annum and 10% penalt£e~ of any amount of money owed under thio lea~e which i~ not paid on or before the date it becomu~ due. (e) All sales tax~ due on paym~nt~ under thia and to all sales taxoa applicable to itc operations. (f) All special asoeaomenta for public improvemunto levied by the City of Kenai, as if Lessee were considered legal owner of leased property. 2. Upon execution of the leaae the landa d~mioed become taxable to the extent of itc leaoohold interest and 21-4 Lessee shall pay all rent property tay~s levied upon such leasehold interest in these lands, that the City as part of the payment by the lessee of said assessments and taxes as if he were the owner of said demised land. 3. P~nt shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal year beginning July I and ending June 30. If the equivalent monthly payment exceeds $200, then the lessee shall have the option of making payments on a monthly or quarterly basis, 21.10.110 Service by .R~_alty Firms and B~0k~Ks: 1. Realtors shall be entitled '{O ~ fee at the time the first payment is made under such lease. Said fee shall be limited to 10% of the first year's lease rate, excluding charges for assessments, or 5% of each year for the first 5 years at the broker's option. However, realtors a party to the lease shall not be entitled to a commission. 2. P~altors shall treat any listing as they would any other client in regard to advertising, promotion, etc. 3. Listings of platted lands available for lease shell be announced and posted publicly. Such announcements shall include block and lot number, parcel number and any special limitations with restrictions as may be imposed by the A~visory Planning and Zoning Commission and City Council. Stroh restrictions or limitations shall be specific and in addition to zoning restrictions. No lease proposed by an eligible realtor shall be denied if it meets such restric- tions, applicable lease rates and zoning requirements in effect at time of application. 4. Unplatted, released Airport lands and unreleased lands shall not be listed with realtors. However, unless positive action has been taken by the Advisory Planning and Zoning Commission and/or the City Council to set aside a certain tract as not available for lease at that particular time, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described An the preceding application procedures, relating to unplatted, unreleased lands. Normal fees shall be due to the realtor on consummation of such a lease. 21o10o120 Bidding Procedure: As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made available only for bid. This provision shall apply only when there is no outstanding application pending on the lot or lots. As designated, sealed bids shall be received offering a one-time premium in addition to the established lease rate. Highest bid, how- ever, shall be subject to all provisions of review and approval established for all other lease applications. 21-5 21.10.130 Principles and Policy of Lease Rates: 1. A fair return to the Airport System ms mandated by the terms and conditions of the quitclaim deed and appropriate deeds of release, granting these lands to the Airport System by the Federal Government. To insure a fair return, all leases for a period in excess of 5 years shall include a redeter- mination clause as of the fifth anniversary of each lease, normally set for the 1st of July of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. There- fore, lease rates shall be based on: (a) fair market value of the land, including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers and other public utilities) as deter- mined by a qualified independent appraiser, considering the best use of the specific land; and (b) the actual rate of return determined to be a fair return to the City shall be set annually in May by resolution of the City Council and shall apply to all leases thereafter requested. 2. Realizing that investors, developers and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the following language: "At each 5-year interval, the fair market value shall be determined by qualified, independent appraisers. The redetermined lease rate, (annual rent) under this provision shall be limited to a 50% increase in the prior lease rate until the 30th year anniversary of the lease after which the 50% cap provision shall no longer apply and the lease rate shall be redetermined every 5 years on the basis of fair market evaluation as deter- mined in Section 080(1)(a) and (b)." City leases existing at the time of the enactment of this chapter shall have a 30 year period determined from the date from which the lease was originally entered into. 3. Recognizing that the redetermination procedure provided for above may be in conflict with the mandate of the quitclaim deed and the several deeds of release, the City Council herein acknowledges its obligation to provide the Airport Fund with those sums which the above redeter- mination policy may cause the Airport Fund to lose. It is the intent of the Council to provide for such a possible shortfall by appropriating revenues relative to the assessed valuation of Airport properties. 4. Those leases existing at the time of the effective date of this chapter in which the lease rate has not been redetermined at its previous 5 year interval, may be redeter- mined at their next 5 year period, utilizing the 50% cap provision of Section 21.05.130(2), on the basis of the 1977 property appraisal (gauged at 6% return) performed by the City on the lots in question. 21-6 21.15.140 PROVISIONS REQUIRED; Proper Location: It shall be the responsibility of the lessee to properly locate himself and his improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned or leased by another, and violation shall constitute a misdemeanor. 21.15.150 Responsibility to Properly Locate: It shall be the responsibility of the lessee to properly locate himself and his improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned or leased by another. 21.15.160 Lease Utilization: Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the lease, shall constitute grounds for cancellation. 21.15.170 Payment of. Rent: Rent shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal year beginning July 1 and ending June 30. If the equivalent monthly payment exceeds $200, then the lessee shall have the option of making payments on a monthly or quarterly basis. 21.15.180 Adjustment of Rental: Ail leases shall contain the agreement of the lessee to a reevaluation of the annual rent payment every fifth year. 21.15.190 Subleasing: Leases may provide for sub- leasing without prior Council approval. Subleases shall be in writing and be subject to the terms and conditions of the original lease. · 21.15.200 Assignments: No lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shall be void. Any assignment requiring Council approval will not be unreasonably denied. 21.15.210 Modification: No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 21-7 21.15.220 Cancellation-Forfeiture: 1. Leases in good standing may be cancelled in whole, or in part, at any time upon mutual written agreement by lessee and the City Council. 2. Any lease used for an unlawful purpose may be cancelled. 3. If the lessee shall default in the performance or observance of any of the lease terms, covenants or stipula- tions thereto, or of the regulations now or hereafter in force, and should said default continue for 30 calendar days after service of written notice by the City without remedy by lessee of the conditions warranting default, the City shall subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease. No improve- ments may be removed by lessee or other person during any time the lessee is in default. This provision shall not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfeiture of the lease, immediately upon the occurrence of a default. 21.15.230 Notice or Demand: Any notice or demand which under the terms of a lease or under any statute must be given or made by the parties thereto, shall be in writing and be given or made by registered or certified mail, ad- dressed to the other party at the address of record. How- ever, either party may designate in writing such new or other address to which such notice or demand shall there- after be so given, made o~ mailed. A notice given hereunder shall be deemed delivered when deposited in a U.S. general or branch post office, enclosed in a registered or certified mail envelope, addressed as hereinabove provided. 11.20.250 Financing-Rights of Mortgagee or Lienholder: 1. For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, a lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, the lessee's interest in the leased premises and in and to the lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in the City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the lessee's interest in such lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or conte/~plated foreclosure action, such lending institution shall have the privilege of transferring its interest in 21-8 such lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the lessee, whereupon such lending institution shall be relieved of any further liability under such lease from any after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such lease, or any other lending institution which may at any time acquire such lease, shall be relieved of any further liability under such lease from and after a transfer of such lease. 2. A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the lessee with respect to the curing of any default hereunder by lessee. 3. If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the lease, a written notice containing the name and post office address of such holder, and City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice of default shall be given by the City to the lessee, and the City will not thereafter accept any surrender or enter into any modification of this lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this lease. 4. If, by reason of any default of the lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: (a) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new lease within 20 days after the date of such termination and such written request shall be accompanied by a payment to thz City of all sums then due to the City under the lease. (b) Such mortgagee, beneficiary or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease, any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this lease; but for such termination and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (c) Such mortgagee, beneficiary or security assignee shall, on or before the execution and delivery of such new lease, perform all the other conditions required to be performed by the lessee to the extent that the lessee shall have failed to perform such conditions. 21-9 5. If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this lease or any new lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such lease required to be performed by the lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such lease from and after such assignment. If the proposed assignor shall assert that the City in unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 21.15.250 Entry and Re-entry: In the event that the lease should be terminated as hereinbefore provided by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the lessee during the said term, the lessor or its agents, servahts or representatives may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and re~ove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 21.15.260 Forfeiture of Rental: In the event that the lease should be ~erminated because of any breach by the lessee as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach. 21.15.270 Written Waiver: The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in obser- vance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any pro- visions of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants or 21-10 provisions, or affect the right of' the lessor to enforce the same in the event of any subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue or extend the resultant term therein demised, destroy or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. 21.15.280 Easement Grants Reserved: City reserves the right to grant and control easements in, or above the land leased. No such grant or easement will be used that will unreasonably interfere with the lessee's use of the land, and lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 21.15.290 Lease Subordinate to Financing Requirements: Lessee agrees that City may modify ~he lease to meet reviSed requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the lessee by this lease, nor act to cause the lessee financial loss. 21.15.300 Surrender on Termination: Lessee shall, on the last day of the term of this lease or upon any earlier termination of this lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than those created by City for loans to the City. Upon the end of the term of this lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in the City without requirement of any deed, conveyance or bill of sale thereon. However, if the City should require any such document in confirmation hereof, lessee shall execute, acknowledge and deliver the same and shall pay any charge, tax and fee asserted or imposed by any and all governmental units in connection therewith. 21-11 , 21~15.310 Sanitation: The lessee shall comply with all regulations or ordinances of the City which are promul- gated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary condition, and every effort shall be made to prevent the pollution of water. 21.15.3201 Building and Zoning Codes: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a violation of the lease. 21.15.33Q Fire Protection: The lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regulations and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 21.15.340 Inspection: The lessee shall allow author- ized representatives of the City to enter the leased land for inspection at any reasonable time. 2 Personal.Use of Materials. Ail coal, oil, .15.350.___-v _ .... · gas an~otner minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 21.15.360 Restrictions and Reservations: The lease shall contain such restrictions and reservations as are necessary to protect the public interest. 21.15.370 Waste and Injury to Land: If any person shall commit waste, trespass or other injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a mis- demeanor. 21.15.380 Warranty: The Cit':' does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized under said classificaticn or 21-12 21.2~.390 Rules: The lessee shall observe, obey and comply with all applicable rules, etc., of the State or Federal governments. 1. City reserves the right to adopt, amend and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless it has been given 30 days notice of adoption or amendment thereof. 2. Lessee, in the conduct of its operations on the demised premises, shall observe, obey and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over lessee or lessee's conduct of its business. 3. City shall not be liable to lessee for any diminution or deprivation of possession, or of its rights hereunder, on account of the exercise of any such right or authority as in this section provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law in accordance with the Laws of the State of Alaska and of th~ United States made applicable to the states. 21.20.400 Aircraft Operations Protected: 1. The City shall reserve to itself its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace of landing at, taking off from, or operating on the Kenai Airport. ~When plans for improvements pursuant to section 230 are approved by the City, the City to the extent of those improvements releases the easements here expressed.) 2. The lessee by accepting conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, on the land conveyed, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, 21-13 the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, all of which shall be at the expense of the lessee or its heirs, successors, or assigns. 21.20.410 Right to Enjoyment And Peaceable Possession: The City shall agree and covenant that the lessee, upon paying rent and performing other covenants, terms and conditions of this lease, shall have the right to quietly and peacefully hold, use, occupy and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 21.20.420 Lessee To Pay Taxes: Lessee shall pay all lawful =axes and assessments which, during the term thereof may become a lien upon or which may be levied by the State, Borough, City or any other taxlevying body, upon any taxable possessory right which lessee may have in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent lessee from contesting as any other land owner any increase in such tax or assessment through procedures outlined in State statutes. 21.20.430 No Partnership. or Joint Venture Created: The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties thereto is, and shall at all times remain that of landlord and tenant. 21.20.440 Default Bankruptcy: If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the lessee or lessee's assets, or any interest under this lease, and if the appointment of the receiver is not vacated within 30 days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event, the City may, upon giving the lessee 30 days' notice, terminate this lease. · 2~.20.45~ Nondiscrimination: The lessee, for himself, his nears, personal representatives, successors in interest, 21-14 and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; 3. The lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Trans- portation--Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; 4. In the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose involving the provision of similar services or benefits, the lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of:Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Trans- portation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 21.20.460 Partial Invalidity: If any term, provision, condition or par~ of the lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions or parts shall continue in full force and effect as though such declaration was not made. 21.20.470 Parole Modifications: It shall be mutually understood and agreed between~, parties that the agreement, as written, shall cover all the agreements and stipulations between the parties; and no representations, oral or written, have been made modifying, adding to, or changing the terms thereof. 21.20.480 Amendment of Lease: Notwithstanding anything to the contrary,'in order to aid the lessee in the financing 21-15 of the improvements to be situated herein, the City shall agree that in the event the proposed mortgagee, beneficiary or security assignee under any interim or permanent loan on the security of the leasehold interest of the lessee and the improvements to be situated thereon so requires, the City will make a reasonable effort to amend this lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's rights thereunder nor be such as to alter in any way the rental obligations of the lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands, and to all applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 21.20.490 Compliance W~th Laws: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances and regulations which may be hereafter enacted involve a change ~f policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: 1. From the consequences of any violation of such laws, ordinances and/or regulations; and 2. From all claims for damages on account of injuries, death, or property damage resulting from such violation. Lessee further agrees it will not permit any unlawful occupation, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto. 21.20.500 Care of Premises: Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this lease. 21.20.510 Lessee's Obligation to Remove Liens: Lessee will not permit any liens including, but not limited to, 21.16 mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to lessee or claimed to have been furnished to lessee or to lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufference of lessee, provided, however, lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at lessee's own expense. 21.20.520 Condemnation: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and lessee are unable to agree within 30 days after such an award has been paid into court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration provided in section 660 hereof. 21.20.530 Protection of Subtenants: To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the City agrees that in the event of the cancellation, termination, expiration or surrender of this lease (the ground lease), the City will accept the subtenant, its successors and assigns, as its lessee for a period equal to the full elapsed portion of the term of the sublease, including any extensions or renewals thereof not exceeding the term of this lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally 21-17 made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust or security assignment. 21.20.540 Successors In Interest: This lease shall be binding upon and Shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations or assignment as are provided for herein. 21.20.550 Governing Law: The indenture of lease shall be governed in all respects by the laws of the State of Alaska. 21.20.560 Notices: 1. Any notices required by the lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed as follows: To City: City Hall-City of Kenai P O Box 580 Kenai, Ak 99611 To Tenant: The City shall also mail a copy of any notice given to the lessee, by register¢~ or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust or security assignment. 2. Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph 1 above at least 15 days prior to the giving of the particular notice in issue. 21.20.570 Fire Protection: The lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regulations and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 21-18 21.20.580 Inspection: The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. 21.20.590 Personal Use of Materials: All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City. 21.20.600 Restrictions and Reservations: The lease shall contain such restrictions and reservations as are necessary to protect the ~ublic interest. 21.20.610 Waste and I~3ury to Land: If any person shall commit waste, trespass or other injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. '21.20.620 Warranty: The City does not warrant by its classi~ication or leasing of land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. City bears no responsibility for any water erosion of land. 21.20.630 Approval of Other Authorities: The issuance by the City of leases does not relieve the grantee or lessee of responsibility of obtaining licenses or pedal%ts as may be required by duly authorized Borough, State or Federal agencies. 21-19 21.20.640 Title Restrictions: Ail leases or sales of property shall be made subject to restrictions and reservations in the patent, deed or other instrument under which the City holds. 21.20.650 Insurance-Hold Harmless: Lessee shall covenant 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 the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the lessee shall agree to arrange and pay for all the following: i. Public liability insurance protecting both the City and/or its agents and the lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $250,000/$500,000/$100,000. 2. Liquor liability (where applicable). 3. Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to th9 City, if applicable. 4. Insurance contradts providing liability insurance and Workmen's Compensation shall provide for not less than 30 days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. 5. Lessee agrees that waiver of subrogation against the City shall be requested of lessee's insuror, and shall be provided at no cost to the City. 6. Cross Liability: It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other named insured. 7. The insurance procured by the lessee as herein required shall be issued in the name of the lessee and the City by a company licensed to do business in the State of Alaska, and shall contain endorsements that (a) such insurance may not be cancelled or amended with respect to the City without 30 days written notice by registered or certified mail to the City by the insurance company; and (b) Lessee shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance. 21-20 8. The amount of insurance coverage required above may be subject to review for increase at each 5 year renegotiation of the lease. 9. Upon review by the City, the lessee may be required to obtain such other insurance protecting the City and lessee that may be necessarily required or advisable owing to the particularities of the harbor related activities on the lease hold interest. 21.20.660 Insurance of Users-Subtenants: Lessee, for its own protection, may require bona fide public users and subtenants to execute agreements holding lessee harmless from actions arising out of user's operations and may require such bona fide public users and subtenants to show proof of public liability insurance covering their operations on the demised premises in such amounts as will adequately protect them. 21.20.670 Annual Report: The lessee may be required to submit to the City each year on or about March 15, an annual report on its operations, particularly those services and facilities offered to the public, whether on a fee or non-fee basis. 21.20.680 Arbitration: In the event the City and lessee shall be unable to agree as to any matter provided for in the lease except as to the amount of the 5 year rent redetermination amount which is handled pursuant to section 180, such dispute shall be determined by 3 disinterested arbitrators, (unless the parties can agree on one arbitrator). Such arbitration shall be conducted upon request of either the City or the lessee, before 3 arbitrators (unless the City or the lessee agree to one arbitrator) designated by the American Arbitration Association and in accordance with the rules of such Association. The arbitrators designated and acting under this lease shall make their award in strict conformity with such rules and shall have no power to depart from or change any of the provisions thereof. The expense of arbitration proceedings conducted hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska unless otherwise agreed upon by the parties. 21-21 21.20.690 Modifications of Existing Leases: Leases shall only be modified to that extent deemed to be necessary to protect the public's interest. 21.20.700 Unauthorized Removed of Material Prohibited: Any person, firm or corporation who without written authority from the City removes rock, gravel or other material from the lands owned by the City without the express consent of the City shall be deemed guilty of a misdemeanor. Any criminal action taken against such person shall not preclude the institution of civil proceedings by the City. 21.20.710 Removal Not Authorized By Lease: No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from City lands. 21.20.720 Disposition of R~ts By Council: In recognition that conditions may exist from time to time whereby use of such lands and the material comprising the same may be beneficial to the public interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the Harbor Commission, providing such applications fully disclose to the City all material facts and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City and referred to the City Planning Commission for its recommendations. Disposition of such applications shall be made by the Council after recommendation from the Harbor Commission. 21.20.730 Penalties: 1. It is unlawful for any person to violate any of the provisions of this chapter and upon conviction thereof shall be fined in an amount not exceeding $100. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 2. In addition to or as an alternative to the above penalty provision, the City may impose a civil penalty not to exceed $100 per day for the violation of any provision of this chapter and seek injunctive relief for any infraction thereof for which the offending party will be charged for reasonable attorney's fees and costs incurred by the City as 21-22 awarded by the court. 3. Nothing in this section shall be deemed to restrict the City's exercise of any of its rights pursuant to the lease agreement including those enumerated in section and ...... hereof. ~' 0~ ~{ ~ 21-23 CITY OF KENAI ORDINANCE NO. 532-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A PROCEDURE FOR THE LEASING OF TIDE LANDS. WHEREAS, the City of Kenai received title to tide and submerged lands within the City limits from the State on January 6, 1977, and WHEREAS, it is appropriate and in the public interest that policies and procedures be developed for the leasing of said lands on a long term basis to individuals or entities who will construct improvements or beneficial industries thereon, NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: A new chapter 20 is added to Title 11 of the Kenal Code of 1979 (Harbor and Harbor Facilities) which chapter shall be called "Leasing of Tidelands" in the form as attached hereto and made a part hereof. PASSED BY THE COUNCIL OF ~HE CITY OF KENAI, ALASKA this 7th day of November, 1979. VINCENT O'REILLY, MAYOR ATTEST: City Clerk First Reading: October 17, 1979 Second Reading: November 7, 1979 Effective Date: December 7, 1979 IIII III II II I LEASING OF TIDELANDS: 11.20.010 Policy: The City, in order to make sites available for beneficial industries, may lease City-owned tidelands to persons who agree to operate a beneficial industry upon the terms and conditions the Council considers advantageous to the City. 11.20.020 Lands Available for Leasing: Ail classified tide and contiguous submerged land within the limits of the City to which the City holds title may be leased as hereinafter provided, for surface use only, and under the condition that said lease is subject and inferior to preference right claims that may be made within a two year filing period for preference rights and subject to the rights of existing set net site holders within the city limits. 11.20.030 Qualifications of Applicants: An applicant for a lease is qualified if the applicant (1) is an individual at least 19 years of age or over, or (2) is a group, association or corporation which is authorized to conduct business under the laws of Alaska. 11.20.040 Classification Prior to Lease Required: Before accepting applications to lease tidelands, the ~rea involved shall have first been classified for leasing by the City Council with the approval of the Advisory Planning and ~arbor Commissions, and their availability advertised in a newspaper of general circulation in the area once each week for 2 successive weeks not less than 30 days prior to the time set for the closing of the acceptance of applications, and that all applications are available for public inspection at the City ~all offices. 11.20.050 Applications: Ail applications for lease of tidelands shall be filed with the Clerk on forms provided by her and available at City Hall which shall upon execution of the lease become part of the lease document. Only forms completed in full and accompanied by a $100 filing fee will be accepted for filing. Filing fees are not refundable. With every application the applicant shall submit a development plan showing and stating (1) the purpose of the proposed lease (2) the use, value and nature of improvements to be constructed (3) the type of construction and (4) dates construction is estimated to commence and be completed (5) whether intended use complies with the zoning ordinance and comprehensive plan of the City (6) describe by reference to the plat the area to be leased (7) a detailed financial plan showing ability to carry through with the development plan ($) a performance bond of 5% of the project's estimated cost (which bond shall not exceed $50,000) payable to the City. 11.20.060 Rights Prior to Leasing: Neither the filing of an application for a lease nor the holding of a public hearing thereon as provided below, shall give the applicant a right to a lease or to the use of the land applied for. Any use not authorized by a lease shall constitute a trespass against the City. 11.20.070 Procedure: 1. Advisory Planning and Zoning Commission: All lease applications shall be reviewed first by the City of Kenai Advisory Planning & Zoning Commission to determine whether the contemplated use falls within that permitted unde~ the zoning ordinance. 2. Advisory Harbor Commission: All lease applications shall be reviewed by the Advisory Harbor Commission. If the commission after considering the lease applications determines at a public hearing as set forth in the section below that any one lease will be in the best interests of the City of Kenai, the Commission may make a recommendation to the City Council of applicant along with any modifications or conditions recommended by the Commission. 3. City Council: The City Council shall make the final determination of the selection of the applicant based upon the Advisory Harbor Commission's recommendation and approve or reject the choice of application made. 11.20.080 Public Notice-Public Hearing: Notice of the lease application shall be published in a newspaper of general circulation within the City not less than 10 nor more than 30 days prior to the date of public hearing. The notice must contain the name of the applicant, a brief description of the land, proposed use, term, and a declaration that the Advisory Harbor Commission will consider the lease to the applicant on the basis of the applicant's agreement to operate a beneficial industry upon the terms and conditions 11-25 as set forth in its application which is available for public inspection at the City Hall offices. The notice shall state the date upon which public hearing will be held before the Advisory Harbor Commission for consideration of the application. 11.20.090 Selection of Applicant: After the hearing provided in section 080 above, the Advisory Harbor Commission may make its recommendation of the applicant to the City Council if in the Advisory Harbor Commission's opinion, on the basis of all the testimony presented, the award of the prospective lease will be advantageous to the City and in the best interests of the public welfare, health and safety. In the alternative, the Advisory Harbor Commission may elect to make no recommendation for any applicant giving its reasons therefor. The Advisory Harbor Commission may impose additional conditions upon the applicant before making its award. The decision of the Council shall be posted on the City Bulletin Board the day after the hearing and remain posted for 10 days. 11.20.100 A__R~: Any person disagreeing with the decision of the Council may appeal the decision by filing suit in the Superior Court, Third Judicial District at Kenai, within 10 days from the date of the posting of Council's decision. 11.20.110 Appraisal and Survey of Leased Lands: The City will furnish a survey and appraisal of the land in question prior to leasing. Any resurveying or replatting required will be the applicant's responsibility and expense. 11.20.120 The Lease Document-Terms: Leases may be issued for a term of not"less than 2 years nor more than 99 years. The applicant shall state in his application the term desired. In determining whether to grant a lease for the requested term, the Council shall consider the nature, extent and cost of the improvements which the applicant agrees to construct thereon as a condition of the lease the time required to amortize the proposed investment, the value of the applicant's proposed use to the economy of the City and other relevant factors. The term of the lease may be extended for a number of successive periods for a set number of years each as long as the appropriate extensions and original term do not exceed 99 years. 11-26 11.20.130 Appraisal: No land shall be leased, or a renewal lease issued, unless the same has been appraised within a six month period prior to the date fixed for beginning of the term of the lease or renewal lease. No land shall be leased for less than the approved, appraised annual rental, according to the method as described in section 150(1) below except to State or Federal agencies or their subdivisions if it is in the public interest to do so. Appraisals shall reflect the number and value of City services rendered the land in question. 11.20.140 Review: No leased land may be changed in use, nor may any renewal lease be issued until the proposed use or renewal has been reviewed by the Planning Cor~mission and approved by the Council. 11.20.150 Annual Minimum Rental: 1. Annual minimum rentals shall be computed from the approved appraised market value utilizing the method as described in section 160(1) below. Annual minimum rental shall include: (a) Taxes pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (c) All taxes and assessments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the Leased Property. (d) Interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties of any amount of money owed under this Lease which is not paid on or before the date it becomes due. (e) All sales taxes due on payments under this lease and to all sales taxes applicable to its operations. (f) All special assessments for public improvements levied by the City of Kenai, as if Lessee were considered legal owner of leased property. 2. Upon execution of the lease the lands demised become taxable to the extent of its leasehold interest and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, that the City as part of the consideration of rental payments depends and relies upon the payment by the lessee of said assessments and taxes as if he were the owner of said demised land. 3. Rent shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal year beginning July 1 and ending June 30. If 11-27 the equivalent monthly payment exceeds $200, then the lessee shall have the option of making payments on a monthly or quarterly basis. 11.20.160 Principles and Policy of Lease Rates: 1. To insure a fair return, all leases for a period in excess of 5 years shall include a redetermination clause as of the fifth anniversary of each lease, normally set for the 1st of July of that fifth year. In pursuing a fair return, all lands for lease shall be appraised prior to lease and again prior to redetermination. Therefore, lease rates shall be based on: (a) fair market value of the land, including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers and other public utilities) as determined by a qualified independent appraiser, considering the best use of the specific land; and (b) the actual rate of return determined to be a fair return to the City shall be set annually by resolution of the City Council and shall apply to all leases thereafter requested. The evaluation shall discount not only structural improvements made to the land by lessee but improvements made by way of gravel or other approved fill placed on the land. 2. Realizing that investors, developers and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the following language: "At each 5-year interval, the fair market value shall be determined by qualified, independent appraisers. The redetermined lease rate, (annual rent) under this provision shall be limited to a 50% increase in the prior lease rate until the 30th year anniversary of the lease after which the 50% cap provision shall no longer apply and the lease rate shall be redetermined every 5 years on the basis of fair market evaluation as deter- mined in Section ?80(a)(a) and (b)." City leases of tidelands existing at the time of the enactment of this chapter shall have a 30 year period determined from the date from which the lease was originally entered into. 3. Failure by the City to insist upon renegotiation at the end of any given five-year period shall not constitute a waiver of the right of the City to insist upon renegotiation in any subsequent year, provided that neither the City nor the lessee shall have the right to insist upon renegotiation until 5 years shall have elapsed from the date the rental was last adjusted. 11-28 11.20.170 Responsibility to Properly Locate: It shall be the responsibility of the lessee to properly locate himself and his improvements on the leased land. It shall be unlawful to encroach on other lands of the City, or on lands owned or leased by another. 11.20.180 Lease Utilization: Leased lands shall be utilized for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the lease and subject the lease to cancellation at any time. Failure to substantially complete the development plan of the land within the specified time from the date of execution of the lease, consistent with the proposed use and terms of the lease, shall constitute grounds for cancellation. The lease shall set forth in detail with appropriate plans and specifications the improvements to be made within the time period described above. 11.20.190 Subleasing: Leases may provide for subleasing a portion of the leased land without prior Council approval. Subleases shall be in writing and be subject to the terms and conditions of the original lease. No approval of the C~ty shall be g~ven to the sublease of property until the lessee has substantially complied with the development plan. 11.20.200 Assignments: Except for assignments for collateral purposes, no lessee may assign the lands leased to him without prior Council approval. The assignee shall be subject to all of the provisions of the lease. Any attempted assignment made in violation of this section shall be void. Any assignment requiring Council approval will not be unreasonably denied. 11.20.210 Modification: No lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 11-29 11.20.220 Cancellation-Forfeiture: 1. Leases in good standing may be cancelled in whole, or in part, at any time upon mutual written agreement by lessee and the City Council. 2. Any lease used for an unlawful purpose may be cancelled. 3. If the lessee shall default in the performance or observance of any of the lease terms, covenants or stipulations thereto, or of the regulations now or hereafter in force, and should said default continue for 30 calendar days after service of written notice by the City without remedy by lessee of the conditions warranting default, the City shall subject lessee to appropriate legal action, including, but not limited to, forfeiture of the lease. No improvements may be removed by lessee or other person during any time the lessee is in default. This provision shall not be construed to prohibit the City from taking any appropriate legal action, including, but not limited to, forfeiture of the lease, immediately upon the occurrence of a default. 11.20.230 Default-Right Of Entry: Should default be made in the payment of any portion of the rent or fees when due or in any of the covenants or conditions contained in the lease or in any regulations now or hereinafter in force, then in such event the City shall give lessee 30 days after such written notice to cure such default or defaults, after which if the default is not cured, the City may terminate the lease, reenter and take possession of the premises, remove all persons therefrom. 11.20.240 Notice or Demand: Any notice or demand which under the terms of a lease or under any statute must be given or made by the parties thereto, shall be in writing and be given or made by registered or certified mail, addressed to the other party at the address of record. However, either party may designate in writing such new or other address to which such notice or demand shall thereafter be so given, made or mailed. A notice given..hereunder shall be deemed delivered when deposited in a U.S. general or branch post office, enclosed in a registered or certified mail envelope, addressed as hereinabove provided. 11.20.250 Financing-Rights of Mortgagee or Lienholder: 1. For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, a lessee, after giving written notice thereof to the City, may 11-30 encumber by mortgage, deed of trust, assignment or other appropriate instrument, the lessee's interest in the leased premises and in and to the lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in the City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lending or financial institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and such institution shall acquire the lessee's interest in such lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such lease to a nominee or a wholly owned subsidiary corporation with the prior consent of the City, provided, however, such transferee shall assume all of the covenants and conditions required to be performed by the lessee, whereupon such lending institution shall be relieved of any further liability under such lease from any after such transfer. Such lending institution or the nominee or wholly owned subsidiary corporation to which it may have transferred such lease, or any other lending institution which may at any time acquire such lease, shall be relieved of any further liability under such lease from and after a transfer of such lease. 2. A leasehold mortgagee, beneficiary of a deed of trust or security assignee, shall have and be subrogated to any and all rights of the lessee with respect to the curing of any default hereunder by lessee. 3. If the holder of any such mortgage, or the beneficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the lease, a written notice containing the name and post office address of such holder, and City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice of default shall be given by the City to the lessee, and the City will not thereafter accept any surrender or enter into any modification of this lease without the prior written consent of the holder of any first mortgage, beneficial interest under a first deed of trust, or security assignee, in this lease. 4. If, by reason of any default of the lessee, either this lease or any extension thereof shall be terminated at the election of the City prior to the stated expiration therefor, the City will enter into a new lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional rent, and on the terms herein contained, subject to the following conditions: 11-31 (a) Such mortgagee, beneficiary or security assignee, shall make written request to the City for such new lease within 20 days after the date of such termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under the lease. (b) Such mortgagee, beneficiary or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease, any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this lease; but for such termination and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to which the City shall have been subjected by reason of such default. (c) Such mortgagee, beneficiary or security assignee shall, on or before the execution and delivery of such new lease, perform all the other conditions required to be performed by the lessee to the extent that the lessee shall have failed to perform such conditions. 5. If a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage, deed of trust, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this lease or any new lease obtained from the City (other than to a nominee or to a wholly owned subs%diary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such lease required to be performed by the lessee, the City shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such lease from and after such assignment. If the proposed assignor shall assert that the City in unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 11.20.260 Entry and Re-entry: In the event that the lease should be terminated as hereinbefore provided by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the lessee during the said term, the lessor or its agents, servants or representatives may, immediately or any time thereafter, re-enter and resume possession of said lands or such part thereof, and remove all persons and property therefrom, either summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 11-32 11.20.270 Re-lease: In the event that a lease should be terminated as herein provided, or by summary proceedings, or otherwise, the Harbor Commission may offer said lands for lease or other appropriate disposal, pursuant to the provisions of this ordinance. 11.20.280 Forfeiture of Rental: In the event that the lease should be terminated because of any breach by the lessee as herein provided, the annual rental payment last made by the lessee shall be forfeited and retained by the lessor as partial or total liquidated damages for said breach. 11.20.290 Right of Inspection: City shall have the right at all reasonable times to enter the premises, or any part thereof, for the purposes of inspection. 11.20.300 Easement Grants Reserved: City reserves the right to grant and control easements in, or above the land leased. No such grant or.easement will be made that will unreasonably interfere with the lessee's use of the land, and lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 11.20.310 Lease Subordinate to Financing Requirements: Lessee agrees that City may modify the lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the lessee by this lease, nor act to cause the lessee financial loss. 11.20.320 Written Waiver: The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any default on the part of the lessee in observance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No failure on the part of the lessor to enforce any covenant or provision therein contained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the lessor to enforce the 11-33 same in the event of any subsequent breach or default. The receipt, by the lessor, of any rent or any other sum of money after the termination, in any manner, of the term therein demised, or after the giving by the lessor of any notice thereunder to effect such termination, shall not reinstate, continue or extend the resultant term therein demised, destroy or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the lessor. 11.20.330 Surrender on Termination: Lessee shall, on the last day of the term of this lease or upon any earlier termination of this lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, condition and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than those created by City for loans to the City. Upon the end of the term of this lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in the City without requirement of any deed, conveyance or bill of sale document in confirmation hereof, lessee shall execute, acknowledge and deliver the same and shall pay any charge, tax and fee asserted or imposed by any and all governmental units in connection therewith. 11.20.340 Sanitation: The lessee shall comply with all regulations or ordinances of the City which are pro- mulgated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean and sanitary condition, and every effort shall be made to prevent the pollution of water. 11.20.350 Building and Zoning Codes: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a violation of the lease. 11-34 11.26.360 Rules: The lessee shall observe, obey and comply with all applicable rules, etc., of the State or Federal governments. 1. City reserves the right to adopt, amend and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless it has been given 30 days notice of adoption or amendment thereof. 2. Lessee, in the conduct of its operations on the demised premises, shall observe, obey and comply with any and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, lawfully exercising authority over lessee or lessee's conduct of its business. 3. City shall not be liable to lessee for any diminution or deprivation of possession, or of its rights hereunder, on account of the exercise of any such right or authority as in this section provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere with lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by operation of law.in accordance with the Laws of the State of Alaska and of the United States made applicable to the states. 11.20.370 Aircraft Operations Protected: 1. The City shall reserve to itself its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air, using said airspace of landing at, taking off from, or operating on the Kenai Airport. (When plans for improvements pursuant to section 230 are approved by the City, the City to the extent of those improvements releases the easements here expressed.) 2. The lessee by accepting conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, on the land conveyed, which would be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is breached, 11-35 the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, all of which shall be at the expense of the lessee or its heirs, successors, or assigns. 11.20.380 Right to Enjoyment And Peaceable Possession: The City shall agree and covenant that the lessee, upon paying rent and performing other covenants, terms and conditions of this lease, shall have the right to quietly and peacefully hold, use, occupy and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. 11.20.390 Lessee To Pay Taxes: Lessee shall pay all lawful ~axes and assessments which, during the term thereof may become a lien upon or which may be levied by the State, Borough, City or any other taxlevying body, upon any ta~able possessory right which lessee may have in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent lessee from contesting as any other land owner any increase in such tax or assessment th&ough procedures outlined in State statutes. 11.20.400 No Partnership or Joint Venture Created: The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demised premises; and it is expressly understood an4 agreed that the relationship between the parties thereto is, and shall at all times remain that of landlord and tenant. 11.20.410 Default Bankruptcy: If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the lessee or lessee's assets, or any interest under this lease, and if the appointment of the receiver is not vacated within 30 days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event, the City may, upon giving the lessee 30 days' notice, terminate this lease. 11.20.420 Nondiscrimination: The lessee, for himself, his heirs, personal representatives, successors in interest, 11-36 and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: 1. No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. In the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation, denied the benefits of, or otherwise be subjected to discrimination; 3. The lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Trans- portation--~ffectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; 4. In the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose involving the provision of similar services or benefits, the lessee shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of-Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Programs of the Department of Trans- portation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. 11.20.430 Partial Invalidity: if any term, provision, condition or part of the lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions or parts shall continue in full force and effect as though such declaration was not made. 11.20.440 Parole Modifications: It shall be mutually understood and agreed between~¢ parties that the agreement, as written, shall cover all the agreements and stipulations between the parties; and no representations, oral or ~ritten, have been made modifying, adding to, or changing the terms thereof. 11.20.450 Amendment of Lease: Notwithstanding anything to the contrary, in order to aid the lessee in the financing 11-37 of the improvements to be situated herein, the City shall agree that in the event the proposed mortgagee, beneficiary or security assignee under any interim or permanent loan on the security of the leasehold interest of the lessee and the improvements to be situated thereon so requires, the City wilI make a reasonable effort to amend this lease in order to satisfy such requirements upon the express condition and understanding, however, that such variance in language will not materially prejudice the City's rights thereunder nor be such as to alter in any way the rental obligations of the lessee hereunder nor its obligations to comply with all existing laws and regulations of the City relating to the leasing of airport lands, and to all applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the land. 11.20.460 Compliance With Laws: Lessee shall comply with all applicabie 'laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: 1. From the consequences of any violation of such laws, ordinances and/or regulations; and 2. From all claims for damages on account of injuries, death, or property damage resulting from such violation. Lessee further agrees it will not permit any unlawful occupation, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or regulation as aforesaid with respect thereto. ....... f - '::1 -d t 11.20.470 Care of Premises: Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this lease may be situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this lease. 11.20.480 Lessee's Obligation to Remove Liens: Lessee will not permit any liens including, but not limited to, 11-38 mechanics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to lessee or claimed to have been furnished to lessee or to lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufference of lessee, provided, however, lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount of any such lien or claimed lien. On final determination of such lien or such claim for lien, lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at lessee's own expense. 11.20.490 Condemnation: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and lessee are unable to agree within 30 days after such an award has been paid into court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be determined by arbitration provided in section 660 hereof. 11.20.500 Protection of Subtenants: To protect the position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the City agrees that in the event of the cancellation, termination, expiration or surrender of this lease (the ground lease), the City will accept the subtenant, its successors and assigns, as its lessee for a period equal to the full elapsed portion of the term of the sublease, including any extensions or renewals thereof not exceeding the term of this lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this lease, provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally 11-39 made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such mortgage, deed of trust or security assignment. 11.20.510 Successors In Interest: This lease shall be binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations or assignment as are provided for herein. 11.20.520 _Governing Law: The indenture of lease shall be governed in all respects by the laws of the State of Alaska. 11.20.530 Notices: 1. Any notices required by the lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed as follows: To City City Hall-City of Kenai P 0 Box 580 Kenai, Ak 99611 To Tenant: The City shall also mail a copy of any notice given to the lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust or security assignment. 2. Any such addresses may be changed by an appropriate notice in writing to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph I above at least 15 days prior to the giving of the particular notice in issue. 11.20.540 Fire Protection: The lessee will take all reasonable preca~t~'on to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regulations and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 11-40 11.20.550 Inspection: The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. 11.20.560 Personal Use of Materials: Ail coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City. 11.20.570 Restrictions and Reservations: The lease shall contain such restrictions and reservations as are necessary to protect the ~ublic interest. 11.20.580 Waste and Injur~ to Land: If any person shall commit waste, trespass or other injury upon City land, the person so offending, in addition to being civilly liable for any damages caused, shall be deemed guilty of a misdemeanor. 11.20.590 ~arranty: The City does not warrant by its classification or leasing of land that the land is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. City bears no responsibility for any water erosion of land. 11.20.600 Approval of Other Authorities: The issuance by the City of leases does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 11-41 11.20.610 Title Restrictions: Ail leases or sales of property shall be made subject to restrictions and reservations in the patent, deed or other instrument under which the City holds. 11.20.620 Insurance-Hold Harmless: Lessee shall covenant 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 the lessee, his agents, employees, customers, invitees, or arising from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the lessee shall agree to arrange and pay for all the following: 1. Public liability insurance protecting both the City and/or its agents and the lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $250,000/$500,000/$100,000. 2. Liquor liability (where applicable). 3. Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City, if applicable. 4. Insurance contra6ts providing liability insurance and Workmen's Compensation shall provide for not less than 30 days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. 5. Lessee agrees that waiver of subrogation against the City shall be requested of lessee's insuror, and shall be provided at no cost to the City. 6. Cross Liability: It is understood and agreed that the insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employees of such other named insured. 7. The insurance procured by the lessee as herein required shall be issued in the name of the lessee and the City by a company licensed to do business in the State of Alaska, and shall contain endorsements that (a) such insurance may not be cancelled or amended with respect to the City without 30 days written notice by registered or certified mail to the City by the insurance company; and (b) Lessee shall be solely responsible for payment of premiums and that City ~hall not be required to pay any premiums for such insurance. 11-42 8. The amount of insurance coverage required above may be subject to review for increase at each 5 year renegotiation of the lease. 9. Upon review by the Kenai Advisory Harbor Commission, the lessee may be required to obtain such other insurance protecting the City and lessee that may be necessarily required or advisable owing to the particularities of the harbor related activities on the lease hold interest. 11.20.630 Insurance of Users-Subtenants: Lessee, for its own protection, may require bona fide public users and subtenants to execute agreements holding lessee harmless from actions arising out of user's operations and may require such bona fide public users and subtenants to show proof of public liability insurance covering their operations on the demised premises in such amounts as will adequately protect them. 11.20.640 Annua~ Repprt: The lessee may be required to submit to the City each year on or about March 15, an annual report on its operations, particularly those services and facilities offered to the public, whether on a fee or non-fee basis. 11.20.650 Tidelands Claims: The City shall lease the subject land subject to any preference rights claims made pursuant to the provisions of Alaska Statute 38.05.320 or Ordinance #455-78 dated September 5, 1979 of the City of Kenai adopted pursuant thereto, and the lessee holds lessor harmless for any damages, legal expenses, or compensation necessitated by the resolution or satisfaction of said claims, if any. 11.20.660 Sub~ection to Harbor Ordinance: Ail leases are subject to the terms, conditions and regulations imposed by Title II, Harbor and Harbor Facilities, of the 1979 Kenai Code of ordinances as amended of which this section is a part. 11.20.670 Arbitration: In the event the City and lessee shall be unable to agree as to any matter provided for in the lease except as to the amount of the 5 year rent redetermination amount which is handled pursuant to section 11-43 180, such dispute shall be determined by 3 disinterested arbitrators, (unless the parties can agree on one arbitrator). Such arbitration shall be conducted upon request of either the City or the lessee, before 3 arbitrators (unless the City or the lessee agree to one arbitrator) designated by the American Arbitration Association and in accordance with the rules of such Association. The arbitrators designated and acting under this lease shall make their award in strict conformity with such rules and shall have no power to depart from or change any of the provisions thereof. The expense of arbitration proceedings conducted hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska unless otherwise agreed upon by the parties. 11.20.680 Provisions Regulating Public Use Purpose: The City Council realizes that only a limited area of tidelands bordering navigable waters are available within the City of Kenai and which are owned by the City of Kenai. It would be in the public interest to insure that these lands do not pass out of community control at least to the extent that the public would not be deprived of harbor services at reasonable rates in the future. Therefore, areas of City owned tidelands which are ~evelopable for the bona fide public purposes as enumerated below shall be leased only with the following covenants defined to insure public use and access at reasonable rates. 11.20.690 The following provision shall be included in leases where harbor facilities are constructed to be utilized all or in part for bona fide public uses. 11.20.700 Public Use: Defined: Public use shall mean a use limited in part or in whole to the following: In general the lessee may use the demised premises or part thereof for any of the following purposes only: (1) Public dock facilities (2) Maritime commerce (3) Transportation (4) Fishing (5) Boat harbor (6) Port and water front development purposes Before lessee may conduct any activities which fall ~nder this general criteria, but are not specifically men- tioned above, lessee must obtain written consent of the City. 11-44 11.20.710 Controlled Access: Lessee, for its protection, may construct or install fences, gates or other types of barriers to restrict access to portions of the demised premises that are not designated for a public use and may provide reasonable controls for access to public use areas to allow for security for such areas while insuring reasonable public access. Reasonable public access includes accommodations made for fishing operations during fishing season. 11.20.720 Use Charges: Lessee shall make reasonable and non-discriminatory cha~ges to the public for use of any of its facilities. It is expressly recognized that lessee is entitled to a margin of profit, which should be fair, reasonable and competitive, and that City will cooperate to this end in considering rates and fees. The Commission shall review all rate structures annually. The lease shall contain an arbitration provision as set forth in section 670 to resolve disputes arising hereunder. 11.20.730 Maintenance of Dock: Lessee covenants that it will maintain the dock facility in a safe condition and in accordance with applicable state and federal standards. 11.20.740 Modifications of Existing Leases: Leases shall only be modified to that extent deemed to be necessary to protect the public's interest. 11.20.750 Unauthorized Removed of Material Prohibited: Any person, firm or corporation who without written authority from the City removes rock, gravel or other material from the lands owned by the City without the e..~pres~ convent of the City shall be deemed guilty of a misdemeanor. Any criminal action taken against such person shall not preclude the institution of civil proceedings by the City. 11-45 11.20.760 Removal Not Authorized By Lease: No deed or lease granted by the City to any person shall contain terms or be construed as granting any right to remove material from City lands. 11.20.770 Disposition of Rights By Council: In recognition that conditions may exist from time to time whereby use of such lands and the material comprising the sane may be beneficial to the public interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the Harbor Commission, providing such applications fully disclose to the City all material facts and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the City and referred to the City Planning Commission for its recommendations. Disposition of such applications shall be made by the Council after recommendation from the Harbor Commission. 11.20.780 Penalties: 1. It is unlawful for any person to violate any of the provisions of this chapter and upon conviction thereof shall be fined in an amount not exceeding $100. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such hereunder. 2. In addition to or as an alternative to the above penalty provision, the City may impose a civil penalty not to exceed $100 per day for the violation of any provision of this chapter and seek injunctive relief for any infraction thereof for which the offending party will be charged for reasonable attorney's fees and costs incurred by the City as awarded by the court. 3. Nothing in this section shall be deemed to restrict the City's exercise of any of its rights pursuant to the lease agreement including those enumerated in section 220 and 240 hereof. 11-48 CITY OF KENAI RESOLUTION NO. 79-141 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From= Legal-Miscellaneous ($300.00) TO: Legal-Books 8300.00 This transfer is needed to provide funds for subscription books needed for the legal department. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1979. ATTEST: Sue C. Peter, City Clerk Approved by Finance: t~-F~ VINCENT O'REILLY, MAYOR CITY OF KENAI RESOLUTION NO. 79-142 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AMENDING RESOLUTION NO. 7g-131 WHICH ESTABLISHED PRIORITIES FOR LOCAL SERVICE ROADS AND TRAILS (LSR&T) PROGRAM FUNDS. WHEREAS, the Public Works Committee of the Council has reviewed proposed uses of LSR&T funds, including those set out in Resolution No. 7g-131, and WHEREAS, the committee's recommendations are that the amounts designated for lights on Wtllow Street be increased to allow for full construction now and that paving of Frontage Road be added. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that Resolution No. 79-131 which established priorities for LSR&T program funds be amended to read as follows: LSR&T Priority No. Scope Location Funds 1 Lights Willow Street $6g,g58 2 Paving, curbs, Spur Frontage Rd. 34,000 gutters 3 Widening, curbs, Airport Way 60,000 gutters & lights Local Funds $ 85,042 66,000 40,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of October, 1979. ATTEST: VINCEN? O'R£ILLY, MAYOR Sue C. Peter, Ct~ Clerk Finance Director Approval: CITY OF KENAI RESOLUTION NO. 79-143 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI that the following transfer of monies be made in the lg7g-80 General Fund Budget: FROM: TO: Shop - Repair & Maintenance Supplies Shop - Repair & Maintenance ($2,5oo) 2,500 This transfer is needed to help provide monies to repair the transmission of Unit No. 13, Fire Truck. PASSED BY THE COUNCIL OF THE CITY OF KENAI this 17th day of October, lg79. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City C'lerk Approved by Finance Director: . CITY OF KENAI RESOLUTION NO. 79-144 I A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AWARDING THE CONTRACT FOR ARCHITECTURAL SERVICES IN DESIGN OF THE ADDITION TO FORT KENAY TO CARMEN GINTOLI, ARCHITECT. WHEREAS, the City of Kenai solicited proposals from three architectural firms to design, including contract documents, the addition of Fort Kenay, and WI~-~S, the only firm to submit a proposaI was that of Carmen Ointoli, Architect, in the amount of $4,000 which includes contract documents, printing, inspection and as-built drawings. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TH]~ CITY OF I~NAI that Carmen Gintoli, architect, be awarded the contract for architectural services related to the design of the addition to Fort Kenay as set out in his proposal dated October 11, 1979. PASSED BY THE COUNCIL OF THE CITY OF I~NAI this l?th day of October, 1979. ATTEST: VINCENT O'RBILLY, MAYOR Sue C. Peter, City Clerk carmen vincent gintoli, architect 13ox:~50.4. professional building suite 210 Kenal, alasKa 99611 907 283'7732 October llth, 1979 City of Kenal B-x 580 Kenai, AK 99611 'A~tenflbn: Mr.'Charles A. Brow~ ' Acting City Manager RE: Proposals for Addition to Senior Citizen's Center Dear Mr. In response to your letter of October 1, 1979 requesting Architectural Proposals for the subject project, we are pleased'to sumblt the following: WE PRoPOsE: : 1; To provide complete Architectural and Engineering services necessary to prepare Contract Documents. To Include all costs for printing 25 sets of Contract Doc-. uments for bidding, travel and i. ong distance communications. To include all Construction Supervision (inspection) services, To provide es built drawings upon completion of construction. To. provide.the City with reproducible Drawings. Contract Documents to be complete for bidding d~rlng March 1980 for early blddlng and construction. To use local Consulting Engineers In fha dlsclpilnes avallable~ The fee for the above work will be a Lump Sum of Four Thousand dollars. enCtful ly Sub. mitred · on vi ant gl,nt II ,architect Carmen V. Gl~ol~ . WINCE CORTHELL BRYSON & FREAS CONSULTING ENGINEERS 79-9-~ City of Kenai Kenai, Alaska 996:1.]. Attention: Charies Brown, Acting City M~nager Subject: Billing for Engineering Services Inspection of Renovation of Well House 101 EDA Project .07-~1-20074 Please consider this invoice in the amount of $3,9~7.16 as compensation for engineering performed on the subject project for construction support services, and in compliance with our engineering services contract. Engineer ! Engineer Tech. Long Diet. Phone calls Photograph development ~) ~.o. 5 brs $ $ ~o. oo/ 129.9 brs @ $ 27.00~ 10.25 plus 5~ tax Total this billing Total other billing Total amount billed $~20.00 / $10.76 ~ $~.9.9o -' Not to exceed $9,000.00 I certify that the a~ove charges are correct and that payment therefore has not Been received. Very truly yours, WINCE-CORTEELL-BRYSON & FREAS William L. W~ilcox ' ' BOX 1041 KENAI,Ai. A6KA 98Bll PHONE WINCE CORTHELL BRYSON &FREAS CONSULTING ENGINEERS October 2, ~979 7R-9 City of Eenai P.O. Box 580 · ~nai, Alaska 99611 Attention: Eeith Eornelis SuBject: Billing for Engineering Services AirportWay Water Sewer and Strect Construction Dear Mr. Eornelis: Please consider this invoice for Engineering Inspection Ser~iceswith regard to the subject project through Sept. 30, 1979. Our JpB 79-9-1 Airport Way Water ~ Engineer V ~2 hfs · _~q&~ ~ Total Schedule O~r JoB 79-9-2. Airport Way (Pavin$ Additive) Engineer I ~7 hfs ~ Engineer Tech 29 hfs ~ Testing (invoice lO%) Survey: 1 ~ cr~ ~ ~s ~ 2 ~ crew ~ ~s ~ 3 ~ er~ ~ ~s ~ T~ Sched~e pur JoB 79-9-2 Airport WaF (B~s~Earthvork) Engineer I Engineer Tech. Testing (invoice Freight (invoice Smxvey: 3 m~n crew ~ man crew EDM this period $40.00 / $1,480.00 $~.oo~ $783. oo $6Loo~ $~83.~ $$. oo ~ Sx; Sgs. oo this period ~4~9~0.48 62 Ers ~ $40. O0 28 Ers · $27.00 12 hrs · $~6.00 ~' · , m. ~$no. oo-' 8 ~rs ~ :~.oo"' Total Schedule this period $2,~80.00- $756.00/ $~.,o~7. oo~ $73.23 $1,032.00 $110. O0 Page 1 BOX 11341 KENAi~ALAI;tKA 99611 PH13NE (El0?] ;-~83-4il7E Kefth Kornelis Job 7~-~-3 Airport Way Sewer Engineer I Page 2 15. 5 ~rs @ $~0. oo Total Schedule this period Total this invoice no tax Please Pay $11,6~o, ?l .00 ~u,6~o. 71 ~. I certify that the above charges are correct and that no previous payment has been received therefore. Very truly yours, WIN~'?.-COR~7/,-BRYSON & FI%EAS /,, '"V UNWIN · SCHECtEN · KORYI~TA e HUEETTI. c=515 A STREET ANCHORAGE~ AK. $;1l~503 c=7S-4c~4B CITY OF NENAI C/O KORNELIS I(ENAI P. O. BOX S80 AK 99~11 DATE 09/;'4/79 INVOICE NO. 9009~T9 CLLST. NO. SO001 SO JOB NO. 9~.79 KENAX AER1AL PHOTO/MAP 30~. OF $83000.00 FOR PRO~'ESSIONAL SERVICF_S AF~DERED: TERMS: 1~, ~e, month se/vice charge on ali past due accounts, To avoid ad6ittonal ~fvlce char~o, pay balance duo within 3 S ~ys of the ~ate of the ~llJing. e~M f~um yM]~ ~Py with ~aym~t. TOTAL. ~4900. C~ City of Ke~ai P, O. Box 580 K~mai, Afaskl 995ll LEA$£ OF AIRPORT LA.*IDS OR FACILTI£S THIS AGREEt~EIIT. entered into th~s ISt day of July 1979. by and between the CITY OF KEflAI, a houe-ruled municipal corporation of Alaska. hereinafter called "City," and Gloria June V. oods and Sidney Urte, hereinafter called "Lessee." - That the City, in consideration of the pa)~.ents of the rents and performance of ali the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following descrtbed4~roperty in the Kenai Recording Otstrtct, State of Alaska; to wit: Lobby Space No 31 {300 square feet), Terminal Building, Kenat l~untctpal Airport, Kenat Alaska. Term: The term of this lease is for one year, coa~.enctng on the. 1st day o--f~uly 197g to the 30th day of June 1980, with option to renew as specified in Schedule "A," attached. Right of Entr~v: Right of entry and occupancy is authorized as of the first of July 1979. .Payment: (a) Lessee shall pay a base rent of $180.00 per month in advance, Whtch~pa~ents shall be made on or before the first day of each month. (b) Such base rent is calculated as follows: 300 square feet at $ ..60 per square foot per month or $.1.80..00 per month or $ 2,160.00 per year. (c) By the ISth of each October, January, Aprll and Jul~, Lessee shall submit to City a certified statement of gross receipts for the preceding quarter. Such state~ent shall be documented by daily cash register tapes. Gross receipts means the total amount collected by Lessee on sales or services of all types made or conducted by Lessee. Such total shall be exclusive of sales tax and the percentage of receipts obtained by the Lessee from its operation of the Ford Rent-a-Car agency. I~ase(d) If five percent (5~) of the amount of gross receipts exceeds the rent for that quarter ~hfch was paid by Lessee tn advance, Lessee shall pay to City the amount of the fiver percent (5~) of gross receipts which is in excess of the base rent fOr that quarter. Such excess amount shall become due and payable upon submission of the gross receipts statement. Hffaever, in determining the amount of gross receipts extended therefrom §hall he the business cash register receipts based upon the lessee's outgotng FTD service. Lessee shall supply to the City the proper FTO accountt! tO substantiate this amount. (e) Sase rent and percentages which are applicable to periods of less than one quarter shall be prorated in accordance with the number of days in the period. (f} Lessee shell pay a rate of five dollars ($5.00) per month for cigarette or beverage vending machines placed in the Termtna! 8utldtng outside the space leased by Lessee. Lessee shall pay fifty cents ($.50} per month for newspaper vending machines placed in the Terminal Building outside the space leased by Lessee. Receipts from such vendtng machines shall be considered gro~ receipts as defined in paragraph ~c) hereafter. Additional Char.qes (a) Sales tax now enforced or levied in the future. (b) Interest in the rate of eight percent {8~} per annum and ten percent (lOt,) penalties on any amount of money owed under this lease which is not paid on or before the date it comes due. Initials Lessee ,.=.', ,~ c_ ~Lessee Lessor CityAllm,'~..oy City of Ken3i P. O, Box 680 Kenai, Alaska 99611 Tflx, purpo~e~ fur ~hich this Lease i~ COnCeSsion shop with ~xc!u~ive rights to sell within tie ¥~n~i ~untcipal Airport and candies; the operation of an outgoing FT~ service: and ooeratton of a Ford Rent-a-Car aoency accordin~ to the conditions of t~ a~retJ~...Pnt bet,eeo the. Les~e~ and Ford Rent-a-Car dated ~ay 3, ~978, and the agreement bet~:een the City and Ford Re~t- .=-r'r, .... ~^~*'~.~. of ~hich are attached hereto and demarcated Schedule GENERAL' C~IEIIA~S ]. USES: Except as provided herein, any regular use of'lands or factlttt~--~hout 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 passenqer temtnals, autnmobile parking areas and streets. , 2. USES tlOT COI~E/4PLATED PROHIBITED: Solicitation of donations or' the promotion or operation'of' any part or kind of business or co~ercta! enterprise, other than as spectftcally set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. ~:.-. ..'3. ASS[$~E~: =(riot for collatera! purpose~ Lessee wfth City's written consent, ~ntch ~tll not be unreasooably denied, may assign, in ~hole o~ in part, its rights as Lessee (Leasehold Est~te} hereunder except assignments for co[lateral purposes will be a11o~ed pursuant to the provision of paragraph 33 herein. 4. XHPOUta)ING OF PROPERTY: Any or all personal or real property plac~ed or used upon la~ds--or iff facilities in violation ~ of prohibitions may be removed and/or t~pounded by the City, and when so removed and/or impounded, such property may be redeemed by the o~ner thereof only upon the payment to the City of the costs of removal plus storage charges of $~.00 per day, or $5.00 per day in the case of each building or each aircraft in excess of 6,000 pound gross ~etght, or in the case of any other kind of property, an amount not to exceed $5.00 per day, or in accordaflce~tth such higher fees as may he incorporated Into regulations of City's Airport. (a~ Sub~Ittal to, and approval of, proposed lease transfer by the Kenat Planning C~tstson. (b) A~ter approval by the Kenat Planning Co,mission, final approval of tra~sferbythe City CouncJ1. Any assignment tn violation of this provision shall be void, and sha'11 be grounds for cancellation of this Lease by the City. $. TREA~4EtIT OF DI24ZSE: The Lessee agrees to keep the premises clean and in good order at 1ts own expense, suffering no strip or ~aste thereof, nor removing any material therefrom, ~tthout written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAW4EflT OF RETS: Checks, bank drafts or postal money orders ,shall be made payable..to.th6 City of Kenat, and delivered to the City Administration Building, Kenat, Alaska. 7. CONSTRUCT[Off APPROVAL MID STA~OAROS: Building constructfo~ shall be neat and presentable and compatible ~tth 1:s use and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the Ctty Planning Commission ~htch shall be approved in writing for all permanent improvements. initials: ~essee--~L.~-_~ Lessee: Page Two, LEASE Lessor: )ss T~I.~O JUDICIAL DrSTRIL~ ) ap~ar~ ~rl~ ~. /.(~t~ aha .~' ~ ~. An~n ~ ~ to be the ~r~ns Who executed the above Lease and ac- kn~ledged that they had the authority ~ sign t~ sa~. for ~t~e, put.scs stated therein.~~ ~~~~''~'' .~ tlota~y Public ~ and for~la~ka ~y Co~tssion g~ttes:. A~P~OI~ED AS TO LEASE FOR~f by City Attorney '(Initials) APPROVED by Finance Director Acting AFPROVED byACity Manager (Initials) (Initials) LFa~E APPROVED BY City Council this 1979. __ ~ay of CITY CLERK Page Nine, LEASE SCHEDULE "A" Option to Rene~ City hereby grants to Lessee the option to renew this lease each year at June 30 for an additional one year period commencing on duly ! and ending on June 30, both inclusive, subject to a11 the provisions of this lease, except the provision stating the amount of base rent. Such option to rene~ for additional one year perteds shall extend to and through the period ending dune 30, 1985. In order to exercise this option, vr~tten notice of the exercise of this option shall be given by Lessee to Ctty at least thirty (30) days before the expiration of the original rem of this lease. This option may he exercised by Lessee only tn the event all rents and all other City fees specified herein have been fully paid and that all provisions of this lease on the part of Lessee to be observed have been fully and faithfully observed. A ne~ lease agreement for the rem of such renewal shall be executed on such renewalo setting out the covenants, conditions and other terms of this lease, ~odifted as required by thts provision. Sase rent to be paid by Lessee for renewal years shall be determined by multiplying the nu=ber cfi square feet occupied by the Lessee tt~es the per square foot lease charge as determined by City. The lease charge shell be determined annually by the Council of the City of Kenal for each year of this lease beginning duly 1st and ending June 30th.. Such determination shall be made by June 1st of each year and Lessee w111 be notified of the lease rate for the next year within tvo ~ee~s of 1ts determination by Council. Lease rates shall be deter=tried for each t~pe of space leased (office, counter, york area}. Such rates shall be set by the Council for each year to meet the expenses of the Terminal for that year. Before entering into any reneval of thts lease, the City, through its City ' Counct1, shall revte~ the exclusion frem the determination of gross receipts under paragraph (d) (Pa~ent}, ~age one of this lease of the outgoing ~TD receipts and determine whetRer or no: the above amenc~ent shall be continued for the term of the next yearly new lease. Zntttals Lessee Lessor SCffEDUL[ Lessee shall have the exclusive right to sell tobacco products and non-alcoholic carbonated beverages tn the Kenaf guntcipal Airport Temtnal 8uild~ng~ with the exceptten of that area leased for bar and restaurant operations. Lesseq .my place o,e (l) cigarette and one (]) beverage vending mchtne and up to four [4] newspaper vending machines and one (J) hot drink machine and one (1) candy mch~ne at such locations outside the leased space as may be agreed upon by the parties hereto, subject to fees as set out tn the pa~ent $cheduleo Z~ the ~nat Kuntctpal Atrport Ter~tnal Building ts enlarged~ cha~ged~ rebuilt or altered at any tt~e during the term of this lease, this lease and the exclusive franchise granted thereunder shall re~atn ~n full force and e~fect. InltJals: Lessor , I SCHEDULE This A?ree'-,ent, made and entered into as of the -~ay of __~_~¥ ., 197S, by ~d between V2~TA ~IG,~ of the ~Ii~, hereinafter sc~cetL::em called "Gperator", an~ P.;JI.;~LA FOPs, I;&C., an Alaska Cor~ration, qualifieC to ao business in ~,~e ~tatc of AlamK= with an office at C~ldo~, Alas~ hereinafter called ~Ford ~, Feed Hent-A-Car is engaged in the ba~ess of renting auto~bile~ wi:hour ~iv~rs and desires to r~e its avail~le to the p~lic in the co~m~ity in which Opera:or's place of b~lness iS l~at~; %'~AS, Operator o'.~s and/or controls a~= ~nage~ e~blis~n= at it~ aadress set forth a~ve, and desires to o~rate a ~:~ ;~ent-A-Car age;~cy at ~ai~ location; dO~i, T}~FOP~, ~n consideration of :~le foregoing ~1e ~1utu&~ proLds~s hore~ conta~uu, Peninsula ~ord, Inc. hereby ap~ir, ta Vesta Leish its agent fo: t~ sole purr~se of operati.~ a For~ ~a~-A-Car agency at the aforesaid l~ation in accordance with ~ th~ follo~ing te~ts ~na conditions: 1 · FOPD Co RS~T-A-CAR COVEiIA:IT$ A:~D To supply Operator fror.: ti~e to time with sucli auton~btlos for u:e pursuant to the Aqreenunt as Ford ;~nt-A-Car u.all de~ necessary; title to sai~ auto~aomil~s, however, ~d rmMin in Ford ~ent-A-Ca= at all 'fo bear the e::pense of all %asoline, oil, grease ar,d repair parts necessary in t,~e operation of saiu auuoT.~'-ile-~, an. to £urnish all labor involYeu in making necessary major re.oairs to sai- automobilee. 'fo furnish and maintain, in accorua,~ce with the oonditions, limitations and restrictionu set forth or referred to in the automobile rental agree:.~et,~ fro,.! to time prezcribed by Fore Run:-.~-Cur for Operator'u autofobile liabili:y insuranc~ (or a bone, ~elf-insuranc~ or other drra,lg~.;ent affordin~ si.~xlar proc~ctioh) f;rovidi,f- coM~Jrehensiv~ pl~ysical da,aage to th~ renteu auto.~oLile (incl~ing fire and th=f t), sai~ ~ov~rage a,,d Lunefit~ ex~enu ~o operator an~ to the custo~4ur and others. -C0;1%'I Jb II. D. To furn£sh to o~erator at Fore ?.e~t-~-Car"~ rental apreement for;.~s, accident report fo~.~, advertising ~terials and such ot.,er for~.~ anG ~.~terials a~ Ford ~nt-.%-Car s~ll from ti~.e to ti:.e deem necessary. A. At Operator'~ e~I'en~ t= ::=ap auto;.o':ilcs su'~ iia~ Ford P~nt-A-Car hereunder neat anu oresen~aL1& for usu by cuspidors, and to ;~eao the sa.ae ~ro!;crl7 u~orea or garage~ ~hen not i~ use. To keep said automobiles su}~plied with ~asoline and oil and to lubricate the sane an~ ~].e all minor repairs thereto, provided, that ~orc ~n=-i.-~ar si~all Operant for akl gasoli~e, oil, grease a~tU r~pair ~ use~, as ~r the rates set for~t fn t~e attached Schedule, Operator shall use only the grate o~ oil ~d grease specifi~ by Fore !ent-.%-Car and s~ll ~},~ no repairs to ~fd automobiles th~ cost of which shall exce~ T~enty-~ive Doll~u (~25.00), .mfthou= prior %~itten approval of Ford aunt-A-Car. C. To rent sai~ auto~biles only on ~ in accordanc= the provisio~s of t,te rental agreeu~nt fro~: tir~e to prescr~d by For= t~nt-A-Car for use by Oi~erator, and at ~e rat~s m~d with ~e deposits r~uire= by Ford ~{~t-A-Car. Operant shall not e~h~,~ cr~cit to any r~er exc~pt on a~d fn accorcance with specific au~ority and f~structions fror~ Ford R~nt-A~ar. D. To rent said auto~obiles only to ~alifie~, licensee drivers. Within th~ liufts of the aforegoing, s~11 rent autonobiles only to careful a~td proper opera~ors ~n strict accorCance ,mith such reasonnbl~ ~les and regulation~ as may from ti,~e Co time be by reason of specification, snell not rent automo}~iles ~ minors. ~. To prouptly and fully re~rt all accfde~ts connected wit.~ or involving is any way said auto~obil~s i~ with such instructio~is, and o~t such fo~s, as :~y supplied froze time to t ~e to Operator by Ford F. ~ot to use sai~ auto~.~biles or ~rmit or suffer ~e u~ thereof by Operator's eLtployees, a{!u~ts, servants, O~=rator s,~ll not u,~er any circu,.~ta~:cus or at anytime, furnish ~riv=rs for said Page II. D. TO furnish to o~,erator at For= ?~:,t-~%-Car's rental agreement for;.%s, accident report fom:;s, advertising materials and such ot.,er for~,s an~ ~erials a~ Ford Rent-A-Car shall fron~ tire to ti::a d~em necessary. A. At Operator's exrenae to keep au~;.o'-il=s Ford ~nt-A-Car ,;ereunder neat anu oresen~a.l~ for usc garaged ~hen not in use. ~0 keep said auto,biles supplied witl~ gasoline and oil and ~o lubrica=e the same and ~Le all minor repairs thereto, provided, that For~ ~en~-L-Car shall rei~r~e Operator for ail gasoline, oil, grease a~u run,air Go u~ed, as ~r the rates se~ for~n ~ t~e at~cho~ S~hedule, Operator ~hall use only the graue of ga~li,~e, oil a~ grease specifl~ by For~ /end-A-Car T~.e no repairs to said auto~.~biles ~ cost of which s~ll exceed I~;enty-Five Dollar~ (~25.00), ~i~ou~ prior %~itten approval of Ford Runt-A-Car. C. To rent ~i~ a~tomobiles only on and ~ accorda,%c= wi~.~ the provisio],s of t~te rental agre~n~ fron prescrik~d by For~ ~n=-A-Ca~ for use by Operator, and at tile rates ~d wit~ the ~eposits requir~ by Ford ;:ent-A-Car. O~ra~r ~hall aot ~tei. C credit to ~y r~,ter =~cept on an~ in accorcance with specific auChority and instructions fron Ford Re,t-A-Car. D. To rent said au~ile= only to ~alifie=, &rivers. Within the limits of the aforegoi~g, Opera=or s~ll rent auto,biles only to careful and ~ropur operaCor~ ~ strict accordance with such reasonable i~ctions, rules and regulation~ as ~y from tine to t~.~ be prescri~d by For& ::ent-A-Car, and, uiu:~out l~aitation by reason of specification, shall not ten= automobiles ~ minors. E. To pronptly and fully report all accidents connected wit.~ or involving in any way said auto~obil=s in accor~anc= with such instruction,s, and on sac.% forms, as ~.my be supplied fro;~t time to t i%e to Operator by ford Rent-y~-Car. F. ~ot to use ~aid automobiles or ~rmit or ~uffur t,~e usc thereof by Operator's e~.~ployues, agents, ot,~er perso,~s e~cup~ for rentals, oa a r~n~-a-car Lasis, rental a~jru~.;ent, and at regular ~ord Y. un~-A-Car operator u.~all not ~.~aer any circ~ns~ancus furnish ~rivcr~ for said auto%~iles. of its richt to recover frol., custou:ers for ear, age to the vehicle rented. In coi~ing t;su charge~ o~ ~ai~ rentals, of eec.. sucL purchase is attac.%ed to t.;c co:.%.lct:~ re..tai irs ~.~e even an autoL~bil~ s~' pli~.i to u.-'~rator t~ ~ =h~e prescriLe~ ~y Ford .:~,~-A-C~, Cpurator shall pr~ptly notify Ford lent-A-Car, an~ shall us= bes~ efforts ~ collect the ~ount of the da~ge fr~n the person or persons res~nsible therefore, or th~ effect rccovcry the a~:~bil~, as the case r,~y ~e, provided that all inci~e~t to such collection or recovery shall be ~rn= Ford of the ~ecifi= ~uties required ~ ~e perfo~.~e~ by or o~i~er p~r~ons i~rfor;..i.~g ',:c~k for uFerator, b~ or Dur~g the ~riod this A%'reement re='~i,~s in ~ffuc~, Operator ~hai1 no~ grant any rAg;st, privilcge Or permit, Or ass}st any ~rson, partnership, fi~,~ or corporation, other than Ford Runt-A-Car, to solicit, adverti~.2, pro~te or ~ran~act ~ au~mobile rental b4~inuss at or from the ~a.~u This Ag're~ent shall be effective i:.~udia~ly ~l:on execution m:d slm11 continue in effect ~hereaft=r ~ntil cancelled either party by written notice delivered to the other party not less than thirty (30} day~ prior to tau terr~ination therein stated. In the event of any breach or default by Operator which F~rd Rent-/~-Car in its sole discretio~ shall ~eem ;,mterial, Ford Re,t-A-Car shall have th= rig.~t to resinate this Agreer. unt on not less than twenty-four (24) hours' notice to Operator s:~cifying the cause of such ~ermination. ~y notice or co~.u~unication fro;~ either party to the delivurc= u~n deposit in the United S~a=&s maiL, ~o the party' for who::, intende~ at the addrc~ first from time to time ~e~ignato by notice give, in her~ith. Peninsula Ford, Inc./Ford Rent-A-Car and Vesta Leigh/Jear's Lair, mutually agree to delete and void items A and J of Section of this Agreement. X:{ ;'.'IT.;L$$ ~;.SRLOF, the parties hereto have signed and e=ule~ this Agreement or have caused the same to Le duly execoted by ~teir respective officers thereunto duly authorized, t~la day and year first above written. OP£~;TOR: V:'-STA L-':IGi{/Br--AR' $ LAIR Signed - Ye~J~a Leigh . FORD, /? TO: Mayor and Council of the City of Kenai ~ )~ . FROM: Bill Nelson, City Engineer SUBJECT: ~hat's Happening Report for City Council Meeting October 17, 1979 PUBLIC T~ORKS CRE~S Preparation of equipment~and facilities for the winter seaso~ has been one of the primary activities for public works crew! recently. The Shop has been preparing all vehicles for the winter season by checking anti-freeze, installing snv~ tires, and changing oil. The repair parts for the snowblower have arrived and work is proceeding in order to get the snowblower ready for winter. ,Street crews have installed the snow wings on the graders and have filled tires'with calcium chloride solution. Tire chains £or,al! equipment are being checked and repaired as required. The ~ater and Sewer crew has been assisting the Fire Department in winterizing hydrants and has repaired a broken sewer service.. The Street crew has performed a temporary repair o£ Aliak Street. Approximately, 150 yards o£ gravel have been placed in the low spots and a ditch has been cut along the street. This street will require extensive./*rebuilding in the future to make it a first-class all RENOVATION OF LIFT ST^TIONS Cordova Construction has signed a release of-claims ~"~his~tl project and final payment will be issued. I~flNOVATION OF IIELL HOUSE 101 Very little construction activity has taken place recently on this project. ~e have reminded the contractor in writing that the construction period ends November 21, 1979. ,,.IAIRPORT ~AY - ItATER,SE~E~AND STREET This project is virtually completed,but the contractoff is still waiting to receive some sewer cleanout covers. What's Happening Report Page 2 October 12, 1979 STORAGE BUILDING This project will be bid on a design and build basis. The documents are presently being typed. We should be ready to send the documents to FAA for approval within two weeks. LUBRICATION FACILITY This project has been resurrected due to the possibility of obtaining EDA funds to assist in building this project. The drawings and specifications have been modified accordingly and should be sent to EDA for their approval within two weeks. SELECTION OF ARCHITECT FOR CITY ADMINISTRATION BUILDING Interviews were held October 11 to choose a list of finalists. The Haeg Associates, Carmen V. Gintoli, and G.D.M. ~ Associates have been chosen for further interviews on October 18. Letters have been drafted to inform all interviewees of their status. PUBLIC OUTCRY AUCTION An auction of surplus items will be held on October 13 in the shop maintenance yard. Crews have been moving items to the auction area in preparation for the auction. LILAC STREET Certified letters have been sent to all property owners along Lilac Street to get their opinions on filling in the ditches. During recent rains, the ditches along Lilac were very full of water. ~e photographed the situation for our record. As City Engineer, I believe that it would be an unfortunate mistake to fill in these ditches unless underground drainage or pavement with curbs and gutters are constructed to remove storm water from the site. Approximately, 1000 cubic yards of gravel would be required to bring the ditches up to the grade of the shoulder. In place cost of this material could range from $7,000 to $10,000. Cost to excavate the ditches originally was $3,300 according to the 1977 Street Improvement contract. Our City has many substandard roads which desperately need improvements and where citizens are highly in favor of forming assessment districts to achieve these improvements. The argument has been advanced that the ditches on Lilac Street occupy valuable parking space. In order to accomodate the safe removal of snow from the driving surface, City Ordinance 284-75 prohibits the parking of motor vehicles in the public right-of-way between the hours of 4 a.m. and 8 a.m., October I to ~ay 1. The ditches on Lilac Street li~ within the road right-of-way. If the ditches are filled in we will not be able to allow parking in the right-of-way during the winter months. What's Happening Report Page J October 12, 1979 In order to best serve the Citizens of Kenai, I feel that it is our obligation to pursue further road improvements in a prudent manner and not to expend limited funds on projects which are inefficient or impractical £rom an engineering standpoint. This project would require expenditures which are hard to justify on the basis of engineering design. My recommendation is therefore to deny action on filling the ditches on Lilac Street. BN/jet A Kill. lC LJBRAllY IN GEliVI~E ~111~ BOX 157 KENAi. ALASKA 99611 IIII FOR THE MONTH OF SE~T~BE~ 1979 Circttlation Adult Juvenile Easy Books Fiction 10~0 210 7~7 I~on-fiction 12(~ 57 166 Total Book Circulation 3~96 Fi!m~, Phonodiscs, Pamphlets, Periodicals 291 Tota~ Circulation 3787 Additions Adult Juven:h~e Gifts 67 Purchases 90 20 Total Book Additions Microfiche Easy Books - Total 8 118 196 I 1/2" Remedial and Re-vorks Adult Phonodises 3 Interlibrary Loans Ordered Books 23 Ph~nodises/AV 55 Interlibrary Lo~-~ 1~ our Library Books 13 F~I~ 62 Volunteers Number 22 Total lioure 258 Ftaee ~oe~ o~ da~ed l~oge Xerox ?ota~ Iaeo~e for 8e~e~ber Juvenile Easy Books Total 15 11 119 3 Heceived Returned ~0 187 61 ~2 $31~.50 h3.50 150.50 2.00 $]10.50 Xenai North Kenai Easilof Clam ~ulch Homer Borrower's ~ards 20' 3 1 2 September, l~f9 Tota~ Car~s Issue~l 106 .i- DATE I~ry A~n Tweedy $/Z7/79 Anita Necessary 9/4~79 )~rtetta Curtis Nfs. Stoop 9/6/79 ~ane Hishou 9/6/79 Linda Quandt 9/24/79 Linda/Or. Hansen L9/24/79 Chris Toladay '9/24/79 Herma. Fa.da~l 9~25~79 CITY OF KENA! CITIZEN PETITIO~ EO:CHLY REPORT Keed children at.play sign on Lupine DATE COMPLETBD 9/5/?9 'Light out at end of Fatho= by bluff. South Forest Drive needs oil. Birch Drive needs to be oiled. Behind build. Deep¥oodblanor there is a swampy area that needs to be checked. Who owns the land? · ildwood Extension needs tO be bladed. Can road in front of ~enco Build. be graded? ~ild~ood Extension needs t~ ~e.graded,. hoop-at dr. ~ign, Rogers, Lawton neea to be graded. 9/4779 9/5/79 9/7/70 9/6/79 ~/2S/7~ · .912S/79 '10/1/79 DATE CITIZE~ NOTIFIED DEPARTI~TAL REPORT no sign is needed due to the amount of traffic on this .s%. H~A has been contacte~ on ~this. light. · Oiling truck broken down cannot oil t~mporarily. Birch oiled on 9~7/79 This property is owned by the subdivision and not the City. the Build. INspe. checked it Street bla~ed. Street bladed.' Street bladed. ~ Streets were bladed 9/28/79 PETITION M0,'V'THI.Y R~POI~T DATE RECEIVED Robert Bre~ster 8/50/79 Dorothy Fosge 9/5/79 nancy Beerier - 9/10/79 '- Sears E{em. 9/10/79 Reed 9/II~79 Pat Bohm 9/11/79 Kriste ~rvin 9/11/79 Dixie Nugen~ 9/11/79 Murdock ? 9/12/79 Terry MidderdOrf 9/13/79 Fedorka . 9/21/79 · '" 'xie Nugent 9/21/79 Geraldine Dushkin 9/2~/79 DATE INVEST. SERVICE P~qUESTED COMPLETED Female shepherd'keeping children from going to school, pleasF pick up, ~oodland 8/50/79 · Lost cocker, spaniel Beaver Loop area . 9~5/79 L~st Gray ~;lf hound mix, Hile 105 Sterling' 9/10/79 Tao dogg in school yard - pick up. 9/10/79 · Lost Shepard & samoyed - Spur g~tel 9/11/79 Stray puppy ~oodland Sub. 9/11/79 Lost Siberian Mission and~ain Street. . 9/11/79 Tao kittens need to b~'picked'up. .9/11/7V Woodland Sub. .Found puppy Melody Lane. ..~/12/~9 Los~ dog 4th-and Forest 9/1~/7g Lost male schnauzer - Canglelight an& Sp~r ~/27/79. Pier up stray cat. .9/21/79 - DOgS running loose in Redoubt and ~oodland 9/25/79 Lost pit bull Shep Mix - Upland and 0yerland 9/28/79 DATE CITIZEN NOTIFIED DEPAR~.$}~AL REPORT Contacted Breasters and o~ner Lqst Dog.file. Dog found on Dogs gone~hen arrived. Lost dog file.. Picke~ up puppy. LOst Dog file. Picked up'cats. Lost Dog file. Lost dog file. Lost dog file. : Picked ~p ca~. Patrol ~aily and ~ontact~ some of the om}ers.. Lost dog file..' ANIHAL CONTROL REPORT MONTH IMPOUNDED DESTROYED D.O.A. ADOPTED CLAIMED left from August carried to October DRAFT EVALUATION CRITERIA FOR CITY MANAGER APPLICANTS 2O City Manager or GoveFnmental Experience or comparable administrative experience 1) budget experience a must I0 GoveFnment pFo~'ms 10 Personnel supervision 9.0 Private business/~vem~nent Felaflonships 10 Techniques oF methods of ~ommunt~etton 10 gduoational baek~eound 10 Experience and approach to being City ManageF of this size City 10 Alaska Fesideney or experience in Alaska i00 ' KENAI PENINSULA BOROU~!! AGENDA FOR TIlE REGULAR ASSE~fBL¥ )IEETING OCTOBER 9, 1979; 7:30 P.}i. BOROUGH AD~ilNISTRATIOI; BUILDING P. 0. BOX 850 SOLDOTNA, ALASiiA 99669 -AGENDA- A. CALL TO ORDER AND ROLL CALL B. PLEDGE OF ALLEGIANCE C. SEATING OF NEW ASSEI;IBLYI~IBERS (a) Canvassing Board Report (b) Res. 79-4S "Certifying the Results of the Regular Borough Election of October 2, 1979" (c) Oaths of Office D. AGENDA APPROYAL E. APPROVAL OF MINUTES OF September 18, 1979 F. ORDINANCE HEARINGS, OR OTHER POBLIC HEARINGS ' (a) Ord~ 79-56 "Providing for the Contract Zoning ~f a Certain Parcel of Real Property Lying Within the Seward Municipal District" (b) Ord. 79-57 "Rezoning Lot 1,'Block 2, Forest 61en Subdivision, City of Homer from Residential (R], to Co~ercial (C) ~istrict" .(c) Ord. 79-61 "Autho~izing the Expenditure of ~nds to Proceed Through the Construc- tion Documents Phases of Architectural Services for Proposed Public Schools Projects at North Xenai Jr. High School, Nikolaevsk School Addition, Ninilchik School Addition, New Homer Elementary School, Four Classroom Additions at North Kenai Elementary School, Homek High School Phase II (Theater Auditorium, Food. Service Facility), Homer Niddle School, Kenai Central High School Auditorium~ and $oldgtna Jr. High School Addition" G. CONSID~RATION OF RESOLUTIONS (a) Res. 79-137 "Rejecting All Bids for the Project Nikiski Fire Station No. 2 Apparatus Room" (NFSA Boardmember & Lewis Schilling, Contr.) 1. Memo 80-41 "Apparatus Addition: Nikiski Fire Station #2 Bid Result" (b) Res. 79-138 "Urging thc State of Alaska to [rovide for the Treatment and Disposal of Septic ~astes in the Borough" (c) Res. 79-139 "Setting Forth Finding As to Populationof the [eiai Peninsula Borough" He (d) Res. 79-140 Regarding Reclamation of the old Ho=er landfill and Nome 80-36 (resolution to be presented 10-9-79) (e) Res. 79-141 "Transferring Funds Sufficient to Neet Certain Expenses to Be Fade in Connection with Travel to the 29th Annual Alaska Nunicipal League Local Government Conference at Sitka" (f) Res. 79-142 '~eclaring the Assembly's Adoption of the Sustained Growth Strategy Proposed By ~oodward-Clyde Consultants in the Port and Harbor Feasibility Study"' (g) Res. 79-145 'A Resolution Authorizing a Contract wi'th the Chugach Council of Camp Fire to Provide Recreational Services and a Recreation Prolram in Tyonek, Alaska, as Part of the Recreational Services of the North Peninsula Recreation Service Area" (h) Res. 79-144 "Directing the Mayor to Postpone the October 20, 1979, Sale of Borough Selected Lands" (a) Ord. 79°$8 "Rezoning Tract B, Park g'~b-dr~l~n, city of [enai From Conservation. District to Urban Residential District" vith ~lomo 80-38 (b) Ord. 79-61 'Amendin8 Chapter 17.04 o£ the Borough Code to Eliminate Authority for Negotiates Sales o£ Borough Selected Lands" (c) Ord. 79°64 "Rezoning Certain Portions o£ the Cliff Addition to the City of Seward Prom One-Family Residential District (R-l) to Nulti-Fmaily Residential District withMemo 80-42 FORbIAL PRESENTATIONS ~ITll PRIOR ~OTICE (a) ~arbara Banta REPorts and Harbors COMMITTEE REPORTS (a) School Board (Campbell) (b) OEDP (Fischer/Noses) (c) Finance (ilille/Cooper/Crawford/lIcCl~ud/ Corr/Douglas) (d) Solid lfaste (Fischer/blartin/Cooper) (~) Roads and Trails (L6ng/Martin/Corr) (f) Ports and Harbors (Arness/Campbell/~nbarian) (g) Local Affairs (Campbell/A~barian/Dim~ick/ Arness) b~AYOR'S REPORT (a) Nome 80-4S "Federa~ Payment in Lieu 'of ~axes" "i AGENDA FOR OCTOBER 9, 1979 REGULAR NEETING II / PAGE $ t L. SCHOOL CONSTRUCTION (a) Furniture and Equipment List for Seward High School, Soldotna High School, approved .9-17-79 and Homer Jr/Sr High School, Tustu~ena School and Redoubt Elementary, approved 10-1-79 OTHER BUSINESS (a) Memo 80-45 'Economic. Development Council Appointments" (b) Memo 80-44 "Central Peninsula Hospital Board Appointments" (c) Tax Adjustment Requests ASSEb~LY AND I~AYOR'S IrdBL IC CO~-~.~':TS INFOP~ATIONAL IlATERIALS AND REPOR. TS (a) Correspo'~dence: Governor Ha~nond and Rep. Don Young RE; Res. 79-131 .concerning Nevada's.land contest (b) Minutes: KPBSD News in Brief, 9-17-79 School Board, 8-30-79, 9-8-79, 9-17-79 Bear Creek Fire S.A., 7-11-79 Nikiski Fire S.A., 9-12-7g NO. Peninsula Recreation S.A., 7-24, 8-28, 9-11-79 KPB Planning i Zoning Commission, 8-13-79, 8-Z7-79 KPB Plat Co;mittee, 8-20-79, 9-10-79 NOTICE OF NEXT IIEETINGAND ADJOURN~NT: October 30, 1979 .1 I/ /,:/// I/// Ill l AGENDA KEN.al CITY COUNCIL - SPECIAL ItO~ETING OCTOBER 23, 1979 - 7:O0 P.'q. KLrNAI COI~IUNITY LIBRARY CONFERENCE ROOM PLEDGE OF ~IANCE B. NEW BU$II~$$ 1. Interview and selection of City Clel'k 2. Discussion and scheduling of City Attorney applicants 3. Discussion - u~l_tz~tion of Fedex. al Revenue Sharing funds ADJOURNMENT CITY OF l(E?,IAi ¥ P. Oo POX .5~0 I(EtI~I, ALASK& 9961 August 15, 1979 FR~4: SUBJECT: ~naf City Council Charles A. Brown Finance Director City of F~nat Federal Revenue Sharing Requests The roll,ding is a list by department: Deptr. Ire; Fire Dept. ~rSquad Truck' Library Parks & Recreation Shop Streets Animal Control Cost Pumper/Tanker Aerial Device (85 Ft.)Y~ $ 18,000 - 250,000 (f4ax,) ~fMtcrofilm/Microfiche 6,136 Playground Equip. 11,978 Wood ChtppJ)r (Tractor Hounted) 4,750 Engine Analyzer .... ~ 5,500 Elec, Doo~ Ogen~,' ~~ /~1) 9,000 GuardraJls for Bluff Quick Cougler ~~ ~~ ' r~ 3.000 Welder ~;~e~ ~ ~ 6.000 ~treet_ S~eep~ ('~) ~enctng 6 Road - _. ~__ 2,500 9,500 Il, DOe Kenat City Council (Page 2) August 15, 1979 ~ep.~. Building Hatnt. Water & Server Sewer Trtmnt. Plant TOTAL Item Cost MaintenanCe Shop $ 3raTl~tt Fence Around Well House Tl~TOOt~ ~tni Pick-Up 6,000 Oewateri~_Equip. ~.,.~.~~.~ 12,000 Expected Fund Balance & June 30, 1979 Expected 79/80 Revenue TOTAL AVAILABLE CAB:Jw $134,000 oO AGENDA KENAI CITY COUNCIL - SPECIAL MEETING OCTOBER 27, 1979 - 12:00 NOON KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL NEW BUSINESS 1. Confirmation of new member to the Kenat Advisory Planning and ZonL, tg Commission interviewing of City Attorney applicants & possible appointment Ce NOTICE CITY OF KENAI The Kenat City Council will hold a special meeting on Saturday, October 27th be~inninff at 12:00 noon in the Kenai Public ~tafety l~uilding. The pttepose of the meeting will be to appoint a new member to the Kenai Advisory Planning and Zoning Con, mission and the interviewing of City Attorney applicants. The public is invited to attend.. Sue C. Peter City Clerk Posted: 10/24 on the Official City Bulletin Board ~D/~//~ Notice sent to the Kenat Peninsula Clarion ~ Notice sent to the Kenat Peninsula KSBM radio station Mayor Vincent O'Reilly City of Kenai City Hall Kenai, Alaska 99611 Dear ~ayor O'Reilly, Following our phone discussion last week, I would like to detail our firm's offer to assist you and the Council in their search for a City Manager. Snowts Recruiters is a personnel consulting and executive search firm with offices in Seattle, Bellevue, and Anchorage. Our name is well established, having over 22 years of service to employers in the Northwest and Alaska. As you will see by our proposal, we offer a complete, thorough, and personalized service. Since we work daily in the employment market, we not only have solid knowledge of sources of applicants, but are able to objectively screen, reference, .interview, and evaluate ali candidates on your behalf. Our proposal is as follows: A representative of our firm will meet with the designated members involved in the hiring decision to discuss and review the specific requirements of the position. Ail applications received by your office will be forwarded to our office for screening, reference checking, and evaluation. Ail applicants will be contacted and evaluated in terms of experience, skills, and willingness to relocate to the City of Kenai. Special attention will be paid to the spouse and the rest of the family to be sure they concur in the prospective move. q. ,~ presentation including references will be prepared and interview notes sub- mitted on all serious candidates for the City Manager position, At the discretion of the Mayor and Council, personal interviews will be con- ducted by our firm with those applicants who are selected for further con- slderatio~. Se If available, brochure and information on the City of' Kenai will be provided to our ,office for forwarding to the applicants. 810 N Street Suite 202 Anchorage, Alaska 99501 (907) 277-9582 The following expenses will be assumed by the City of Kenai: 1. Any additional ads that become necessary to attract candidates. These ads will run following approval by a designated city official. 2. Airfare (round trip) and lodging will be provided for all necessary and approved {by designated city official) trips to Kenai or other cities for meetings or interviews. 3. Long distance phone calls and postage. Consulting fee of 25% of the first year~s salary payable upon completion of the search. 5. Expenses will be billed on a monthly basis payable by the 10th of the next month, unless otherwise arrangesd. We look forward to hearing from you and welcome any discussion or questions you may have on our consulting services. - Sincerely, SNOW'S RECRUITERS OF ALASK , INC. President BE/dc MOT ION: An applicant for the position of City Manager shall be informed of the following upon responding to advertisement or invitation to apply: (a) The members of Council may expect the resume' or information covering the past five years presented at interview to include: I. Detailed description of responsibilities and authorities for prior government activities. Information to include type of government programs and degree of applicant participation in initiating, supervision or completion. Infor- mation also ia include types of departments supervised and number of personnel supervised. II. Precise dates of employment and termination. III. Exact salary and wage record. IV. In- depth description of applicant effort to properly assist the better- ment of private business and government relationship. V. Ex~planation of any personal or professional activity or occurence, known or unknown to the public at this point, the public knowledge of which would probably reflect unfavorably on the applicant holding the position of City Manager because of loss of public confidence or other factors. VI. Three letters of recommendation at least one of which shall be 'from your immediate superior or a person thoroughly and personally familiar with work performance at the applicant's present position or principal occupation during the last five year period. The applicant should understand the siwners of letters of recommendation will be asked to verify content. Co) The applicant shall expect, pursunnt to Court order, interviews of Council to be conducted at sessions open to the public. DRAFT EVALUATION CRITERIA FOR CITY MANAGER APPLICANTS 20 City Manager or Governmental Experience or comparable administrative experience 1) budget experience a taus! 10 10 20 10 10 10 I0 Government programs Personnel supervision Private business/government relationships Techniques or methods of communication ]~ducational background Experience and approach to being City l~anager of this size City Alaska residency or experience in Alaska 100 I(ENAI PENINSULA I 0ROUGH Box 850 P4o.e 26%4441 SOLDOTNA. ALASIG~ 09669 Mov~mber /4, 1975 TI4OMP..~ON MAYOR TO: FROM: Ben Delahay, Borough Attorney Thompson, Eayor Ben, you have done an exceptional Job as Borough Attorney for the past 3 years. It has been I~eatly appreciated. You have told me what I needed to know--not what I 'necessarily ~anted to hear. You have always been true to the law and to the Borough. You have taken your responsibility very seriously and you are unquestionably the best municipal attomiey in Alaska. You are hereby commended for superior performance. Thank you. "El,'/. 1 P [[,~1;'~' ,, ,, ,..~ ilL!. t~ORO~JG' SOLDOTN'A. ALASKA 996C~9 March ~2, 1976 DOr~ GILMAN To ~hom it Nay Concern: This letter is being~rritten to acknowledge that Ben T. Delahay, Jr., has served as the Kenai Peninsula Borough Attorney for the past 3 years. During that time Mr. Delahay has reorganized the Department of Law into a streamlined and well £unctioning unit that expediously addresses the legal problems of the Borough. Especially noteworthy i$ the vigorous and up-to-date methods o£ delinquent tax collection that have been installed during his tenure. He also re- designed the contracts £or architectural services that now protect the Borough's £inancial interests to a much greater degree. Nr. Delahay is a well quali£ied and experienced municipal attorney, I do not hesitate to recon~nend him £or a Borough or City Attorney's position. Sincerely, Donald E, Gilman, Mayor Kenai Peninsula Borough DHG/mw KENAI PENIHSULA BOROUGlt Box 850 P]~one 262-44.11 SOLDOTNA. ALASKA 9066~ March 1, 1976 Don Gilman TO I~OM IT biAY CONCERN: Mr. Ben T. Delahay has been our attorney for three years and has done an excellent job for the assembly and the people of the Kenai Peninsula Borough. ~e highly commend him for his grasp o£ municipal law and his willingness to work as many hours as necessary in order to accomplish what is requested of him. The Kenai Peninsula Borough Assembly highly recom- mends him for any position for which he might apply. Very truly y~urs, C. E/ oonnson, Assembly President CF.,,J: jb .............¢~ ~'~~ ~t- ~ .~~' :,~ ~, ~*' ............... : ........ (:_~. :Z~z~'~ * ,~- . ................ ~~ ~~ ~~ ~ ...... ......... ........................................ ........................................ _. .- _._ ~ ~*~ ~,~-; . ~ ~ ~ 0 . ' ...................... -~ ............. ~,: £. o