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Kenai City Council
Meeting
Packet
January 3, 1979
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I(F.NAI CITY CCIU~CIL - RI:G[~I.AR ~tI:F.'
JANUAE2Y ~, 197~ - T: 00 P.t1.
KENAI PU[3LIC SAFfTY RUII.DIN(3
PI,EDGE OF ALLEGIANCF.
A. ROLL CALL
AG£NDA APPROVAL
B. HEARING3 ~
~~~< < -----Z. Ordinance 455-78, TidcinndsU:~dinnnce
2. Ordinance 456-78, Aedication of foreclosed lands for public use
3. Ordinonce 458-78, Amending the Personnel Regulations
4. Ordfnance 458-78. Increaeing estimnted revenues/appropriations in
' ,. C~~PERSONS PRESENT SCHEIIULED TO BE FiEAAD
/ " ~ D. MINUTES
(~ ,) 1. Minutes of the regular meeting of December 20. 1978
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of 52,344
E. CORRESPONDEVCE
• 1. bir. t Mre. Kearlee ~Yright - Claim for reimbursement for impoundment costs incurred
F. OLD BUSINE38
( ~ 1. Amendment to Aviatioa Coasuitanta. Inc. - Lease ot Terminel Space
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ty Serv
ce Corporation - Damage claime
. 3. Lease of Airport lends - Raven Transit
~~ ~. ~~ $US~s$
1. Bil2s to be peid - bills to be ratiffed
2. Requisitions exceedis~g;500
3. Ordinancc 460-78. increasing estimated revenues/approprtations - purchase of
reQCUe eyuipment in the amourtt vf $5.454
-. 4. Ordinance 461-78, Amending 1978 Kenai Municipal Airport Regulatfone
~ 5. Ordinance 462-78. Establishing procedures for conducting telephone polls
~ B. Ordiuance 463-78. Increasiug revenuas/appropriations by i2.025 for purchase of
: . I rader equipment
f ?. Resolution 76-215. Transfer of funds for increased cost of long distance telephone rates
~ 8. Resolution 78-216. Transfer of funds for purchese of tool kita in the fire engines
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~ 9. ResoIution 78-217. Authorizi g p
ng adjustment in mannin levels in the Polfce De artment
,;~ 10. Aesolution 78-218. Transfer of funda to provide City's matching share for purchase
; i. ;„~ I of radar equipment
lI. Resolution ?8-219. AccepHng (3rant in the emount of ;3.126, Deparknent of Public Safety
' ~ I 2. Paqsnents to CH2M Hill - Invoice Numbers 9602 and 9603
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H. REYORTS
•~ 1. Citq bianager
- - 2. City Attorneq ,~
' ~ ~ • 3. Mayor •
~ ~: -; ~ ~ ~ 4. City Clerk ,
° -~ • . 5. Finance Director
" 6. Plnnning o Zoning Commission .,
_ ,~ 7. Kenai Penir-suIB Borough Assembly
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-. -~ I. PEASOI33 HRESfiIdT NOT SCHEAt1LED TO $E tiEAAD
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C'.ITY ATTORNEY' S REPORT
~ January 3, 1979 page 2
Tideland Ordinance, continued. To briefly explain the ordinance,
it recognizes and accepts the grant from the State of Alaska
of all tide and submerged lands lying within the City
limits. The map of these tidelands is at the City offices.
The ordinance sets up procedures to handle the claims of
preference rights holders of the tidelands to which it
applies. Preference rights holders are of two types.
Class I phase are those individuals claiming ownership of
some part of the tidelands because they occupied or developed
those lands before September 7, 1957. These individuals are
entitled to purchase the land for the administrative costs
involved in processing the transfer.
Class II phase are those individuals wh~ occupied or developed
tide or submerged lands after September 7, 1957 and who
continue3 to occupy the same on January 3, 1959. These
individuals may purchase the land for the FM~i and the administrative
costs involved in processing the transfer.
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The tidelands ordinance also establishes procedures for
~ leasing City owned tidelands to those who agree to construct
~ a beneficial industry.
Finally, the ordinance imposes regulations upon existing
set-net fishermen, and it sets up procedures for the issuance
; of set-net permits in the future when sites are made availab?~a
~ resulting from the termination of present leases. The
ordinance restricts the set-net operations on city-owned
lands to permit holders only. ~_~,___ ~~
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~Section 1. Short Title. This Ordinance shall be known ,
~ as the "Kenai Tidelands Ordinance."
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,~ j~ `' 'v AN ORDINAhCE ACCEPTING CONVEYANCE Bl~ THE STATE OF ALASKA TO
~~ THE CITY OF KEN~I OF TIDE AND SUBh1ERGED LANDS LYING SEr~Wt'~RD
.OF THE CITY; APPROVI:vG AND ADOPTI'.3G THE OFFICIAL SUBDIVISIO~ ~"\~
', ,~~ .r PLAT OF THE AREA CONVEYED; AND ESTABLISHI:VG PROCEDURES BY ~ ~~~' ~
~, ~ WHICH PREFEREVCE RIGHTS MAY BE EXERCISED. ,''
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' ~';~ BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: ~;
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• ARTICLE I ~
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Section 2. Definitions. ~'or ~e purpose of this
Ordinance the terms defined herein~shall have the meanin ~~'
~! , p~ovided unless the context requires otherwise: ~.~'-`~ 1
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j (a) "Alaska" means the State of Alaska. ' '
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-^~~- --~ (b) "Agricultural Lands" means tidelands.chiefly ~
~~• valnable for aqricultural purposes. ..~
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(c) "Appraiser" means a qualified professional~'~~~~ ~
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~ ~~'l p (d) "City" means the City of Kenai, Al.aska. ~ I ~ ~~,~ ;
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1. ~;~ (e) "City Engineer" means the City Engineer o'.~ ~~ ~ ,,
~~~ ~ the City, or other city official desiqnated to perform the ~
, u~ functions herein assigned to the City Engineer. ~,~'~
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~,~ ~%~~ (f) "Class I Preference Right" means the right '
,h extende3 to persons who occupied or developed tide or submerged
`/~e;',. lanc~s on ar before September 7,1957 included in the conveyance to
~~ ~r~` the City. Such persons or their successors in interest, have
the right to acquire such occupied or developed tide or
~. submerged lands from the City for consideration af the costs
of survey, and transferring and conveying the title.
~ (q) "Class II Preference Right° means the right
extended to persons who occupied or developed tide or submerged
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lands after September 7, 1957, and who continued to occupy
the same on January 3, ].959. Such persons, or their successors,
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Ord. 455-78, page 2
have the right to acquire such occupied or developed tide or
ati~+mPra,ec~ 1 ands fc+r a c~nGidPrati.on not to exceed the costs
of appraisal, and administering and transferring, including
survey, together with the appraised fair market value thereof,
exclusive of any value occurring from improvements or development,
such as fill material, building, or structures thereon.
(h) "Clerk" means the Clerk of the City.
(i) "Council" means the Council of the City.
(j) "Director" means the Director of Lands, State
of Alaska.
(k) "Director's Line" means a line seaward of the
City, approved by the Director as shown on ATS 272, with the
concurrence of the Commissioner of Natural Resources, State
of Alaska, seaward of all tide and submerged lands occupied
or suitable for occupation and development without unreasonable
interference with navigation.
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(1) "Fair Market Value" means the hiqhest price,
described in terms of money, which the property would brinq
if exposed for sale for a reasonable time in the open market,
with a seller, willing but not forced to sell, and a buyer,
willinq but not forced to buy, both being fully informed of
all the purposes for which the property is best adapted or
could be used. ~
(m) "Fill" shall mean earth, gravel, rock, sand,
or other similar materials placed upon tide or contiguous
submerged lands to a height above the high water line for
the purpose af elevating the lands for a special useful
purpose. Earth, gravel, rock, sand, or other similar mai:erials,
placed on tide or contiguous submerged land solely for the
purpese of spoils disposal shall not be considered fill
unless such fill was used for useful and beneficial purpose
on and prior to January 3, 1959.
(n) "Hearings Officer" means that City official
employed to hear disputes between claimants, summarize the
testimony, attempt to reach stipulations of fact between the
parties, assemble the record of the dispute, and submit the
same to the Council for determination.
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(o) "Improvements" means buildings, wharves,
piers, dry docks, and other similar types of structures
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~' Ord. 455-78, page 3
permanently fixed to the tide or contiguous submerged lands
~ that were constructed and/or maintained by the applicant for
business, commercial, recreation, residential, or other
beneficial uses or purposes. Floats secured by guide piles
used as floating wharves, where access is provided to the
shore, shall be improvements within the meaning of this
section, and fill material actually in place to above the
line of inean high tide of January 3, 1959 and actually
utilized for beneficial purposes on January 3, 1959 by the
applicant shall be considered a permanent improvement, but
in no event shall fill be considered a permanent improvement
when placed on the tidelands solely for the purpose of
disposing of waste or spoils. Fill material not utilized
for a beneficial purpose on and prior to January 3, 1959,
and fill material not actually in place to above the line
mean high tide on January 3, 1959 shall not be the basis for
an application, nor shall it be included in any application,
for the exercise of preference rights hereunder.
(p) "Industrial and Commercial Lands" means tide
lands chiefly valuable for industrial, manufacturing or
.^,ommercial purposes.
(q) "Kenai" means the City of Kenai, Alaska.
~ (r) "Manaqer" means the Manager of the City of
~ Renai, A2aska.
(s) "Mean High Tide" at any place subject to
tidal influence shall be interpreted as the tidal datum
plane derived from averaging all the high waters observed at
that place over a period of nineteen (19) years. Mean high
water shall be interpreted to be as the intersection of the
datum place of inean high water with the shore.
(t) "Mean Lov: Tide" shall be interpreted to be
mean lower low water which is the mean cif the lower of the
two low waters of each day for a tidal cyc].e of nineteen
(19) years.
(u) "Occupant" means any person as defined herein,
or his successor in interest, who actually occupied for any
business, residential, or other beneficial purpose, tide or
submerged land, within the conveyance of such by the State
to the City, on or prior to January 3, 1959, with substantial
permanent improvements. No person shall be considered an
o~cupant by reason of having (a) placed a fish trap in
position for operatian or storage upon the tide, shore, or
submerqed land, (b) placed a setnet or piling therefor or
any other device or facility for taking of fish, (c) placed
pilings or dolphins for long storage or other moorage, (d}
,~_<~, placed telephone, power or other transmission facilities,
~~~ roads, trails, or other improvements not requiring exclusive
use or possession of contiguous tfde and submerged lands, or
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Ord. 455-78, page 4
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(e) claimed the land .by virtue of some form of constructive
occupancy. Where land is occupied by a person other than
the owner of the improvements thereon, the owner of the
improvements shall, for the purposes of this Ordinance, be
considered the occupant of such lands.
(v) "Occupied or Developed" means the actual use,
control, and occupancy, but not necessarily residence, of
the tide or submerged land by the establishment thereon of
substantial permanent improvements.
(w) "Ordinance" means the Kenai Tidelands Ordinance.
(x) "Park and Recreation Lands" means tidelands
chiefly va3.uable for public park and recreation use, including
scenic overlooks.
(y? "Person" means any person, firm, corporation,
cooperative association, partnership or other entity legally
capable of owning land or any interest therein.
(z) "Preference Right" subject to the classifications
thereof herein established means the right of an occupant to
acquire by grant, purchase, or otherwise, at the election of
the occupant, except as otherwise limited or prescribed in
~ this Ordinance, any lot, piece, parcel or tract of tideland
or submerged land occupied or developed by such occupant on
and prior to Sanuary 3, T959.
(aa) "State" means the State of Alaska.
(bb) "Submerged Lands" means land covered by
tidal waters between the line of inean low water and seaward
to a distance of three (3) geographic miles, in their natural
state, without beinq affected by manmade structures, fill,
and sc forth.
(cc) "Substantial Permanent Improvements" shall
for the purposes of the Ordinance have the same meaning as
Improvements, as herein defined.
(dd) "Tidelands" means lands periodically covered
by tidal waters between the elevations of inean high tide and
mean low tides, without reqard to artificial interference
with tidal flows caused by manmade structures, breakwaters,
fill and the like. when used in this Ordinance it shall
also include submerged lands conveyed by the State to the
City.
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Ord. ".~~5-78, page 5
~ (ee) "Tidelands Survey" is that certain survey of
tidelands and submerged lands conveyed by the State to the
City made by H. H. Galliett, Jr., Registered Enqineer, dated
December, 1968, known as Alaska Tidelands Survey No. 272 and
filed as 76-179 ir. the Kenai Recording District.
(ff) "i3pland permit holder" is one having a valid
existing City permit or existing State lease honored by the
City pursuant to the provisions herein for the purpose of
setting nets the furthest distance landward from the inlet
waters while still being within tideland boundaries.
ARTICLE II
ACCEPTING THE STATE CONVEYANCE, APPROVING THE TIDELANDS
SURVEY, ESTABLISHING PROCEDURES FOR THE EXERCISE OF PREFERENCE
RIGHTS, FILING AND PROCESSING OF APPLICATIONS, PUBLICATION
OF NOTICES, ADJUDICATION OF DISPUTES, PROVIDING FOR PAYING
COSTS OF SURVEY, APPRAISAL, TRANSFER, HEARING OF DISPUTES,
AND PURCHASE OF LANDS SUBJECT TO CLASS II RIGHTS.
Section 1. A~proval and Acceptance of State Conveyance.
The conveyance by the State to the City, dated January 6,
1977, of tidelands and submerged lands lying seaward of the
City is hereby approved and accepted and the lands therein
-. are hereby declared incorporated into the limits of the
~ City.
Section 2. Apnroval and Adoption of Survev. The
Tide2ands Survey 272, hereinaf~er called Survey, is hereby
approved and adopted as the official Tidelands Survey of the
City of Kenai, Alaska, of tide and submerged lands conveyed
by the State to the City, by conveyance date8 January 6,
1977. Said Alaska Tidelands Survey is numbered 272 and is
filed under 76-179 in the Kenai Recording District.
Section 3. Time and Places of Posting Survey. Said
Survey shall be posted for a period of not Iess than sixty
(60) days, commencing with the date following the date of
final passage of this Ordinance, in the office of the Clerk,
City Hall Building.
Section 4. Publication of Notice of Postin Surve
and Passa e of Ord nance. T e Clerk shall cause to be
ssued and pub2ished once a week for four (4) weeks, in a
newspaper of qeneral circulation in the City, commencing the
day after the date of final passage of this Ordinance, a
notice of the posting of said Survey containing the following
statements: (1) time and place of posting, (2) the day of
final passage, and the effective date of this Ordinance
which adopts the Survey as the official Tidelands Survey of
',,~ the tide and submerged lands conveyed by the State to the
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Ord. 455-78, page 6
City on January 6, 1977, (3) that any and all persons
~ having or claiminq preference rights provided by law and as
herein defined to any~part or parts of the subdivided land
embraceci WiL111U tt1E r'ivLii-uuriCS O~ .°,c~.1C~ ~'.:Z'~!C'i~+ ~''r:0 r311 t0
apply ta exercise such zights under the provisions of this
Ordinance within two (2) years from and after the date upon which
app2ications therefor will be first accepted by the City,
shall have forfeited their preference riahts provided by Iaw
and this Ordinance, and (4) that this Ordinance was enacted
to protect occupants having prererence rights, to afford due
process of law, to provide procedures for applyinq for
exercise of preference rights, for hearing and adjudicatinq
adverse claims, and for conveying title to occupants holding
preference rights defined by law and this Ordinance; and (5)
that copies of this Ordinaace and application forms are
available at the office of the Clerk of the City.
Section 5. Time in Which Applications Will Be Accepted
for Filin . Application Forms, in substantially the form set
orth in Section 20(a) will be accepted for filinq one
busfness day after the effective date of this ordinance, and
endfng two (2) calendar years thereafter and at the close of
business at 5 P.M., aftex which no application forms will be
furnished and after which no applications will be accegted
for filinq.
-~. 8ection 6.1. Procedure for Fi2inq Applications.
J Applf.cations shall be submitted, and will be received for
fflinq, only for the purppse of claiming preference riqhts
herein defined to the tidelands conveyed to the City by the
State.
~ (a) Application forms wi.ll be provided by the
~ Clerk without charge at the Ci~y Clerk's
~ office in the City Hall Building.
(b? Applications must be submitted in triplicate.
(c) Applications not clearly legible nor properly
completed and certified by the applicant will
not be accepted for filinq. Since the facts
alleged may be used in hearings of disputes
their truth must be certified. The farts
alleged will also be the basis for the convey-
ances of valuable property. Willful and
deliberate misstatsments of fact will be
equivalent to attempting to obtain valuable
public property by inisrepresentation and may
be prosecuted as obtaining property under
false pretenses.
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Ord. 455-78, page 7
^ (d) Applications may be mailed to the City Clerk,
~ Box 580, Kenai, Alaska, 99611, with the
praper deposit ~uni~uteci accorciing to the
nature of the application made. Applications
~ ~ properly completed accompanied with the
` proper deposit will be stamped with the time
~ and date of filing and signed by the person
accepting the deposit. The triplicate copy
will then be delivered to the applicant, or
mailed to him if a return envelape with
postage affixed is furnished or delivered to
the City Clerk, City Administration Offices,
_ Airport Terminal Buildinq, Kenai, Alaska.
(e) Any application for a deed based on an asserted
- right other than a preference right shal]. be
= rejected.
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(f) No single application based on more than one
~ class of preference right, except an application
for a single subdivided lot, the claim of
right to which is based on more than one
cla^s of preference right, nor any single ap-
, plication claiming title ~o two (2) or more
lots which are not contiguous, shall be
: _ _ ~ , , accepted for filing.
~~ (g) Applications not accompanied by the proper
- deposit for costs shall be rejected.
Section 6.2. Initial Review b Mana er. After initial
review of the applica~~on by the City Manager, the applicant
shall have prepared at his own cost a preliminary and final
plat as described in the following section.
Section 6.3. Preliminarv Plat.
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(a) The applicant shall prepare, or have prepared,
~ a preliminary plat of the tide, shore or
~:.'~ submerged lands which he claims. This plat
' shall comply with the requirements hereinafter
i! set forth.
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(by The purpose of a preliminary plat is to
:; ;, afford the occupant an opportunity of receiving
~ preliminary review and prevent the unnecessary
r`" : expenditure of money and time that would be
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--='-' necessitated if major changes were required.
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_: ~I (c) The applicant must file his application
-~`I accompanied by four blac}: or blue lined plats
_ ~ of the layout.
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Ord. 455-78, page 8 .
-~ (d) The Manager shall fozward the preliminary
plat tn ~n Pn~?neer to bp designa*cd by ~t~e
Manager, who shall report to the Manager
his approval or disapproval of the plat for
technical or engineering reasons and the
Manager shall, within 90 days after submission
of the preliminary plat, notify the applicant
of the tentative approval or disapproval of
the plat and his reasons therefor.
(e) Conditional approval of the preliminary plat
shall not constitute approval of the final
plat. Rather, it shall be deemed an expression
of approval as a guide to preparation of the
final plat.
Section 6.4. Preliminary Plat Reauirements. The
Preliminary Plat shall show the followinq informat~on:
(a) Legal description of location to include
latitude and longitude to the neazest minute
at one corner of the survey and the total
acres of the area occupied or claimed.
(b) Name and address of applicant and name of
r~ •land surveyor, if any, who prepared the
preliminary layout.
(c) The horizontal scale shall be 100 feet to the
inch unless other~tise approved by the Manager.
(d) Date of preparation and North Point.
(e) The location of all roads within 200 feet of
the tract, fill material, existing permanent
buildings, or other structures within the
parcel, existing utility lines, mean high and
low tide lines with reference to permanent
structures and other permanent features such
as section lines, and such other information
as may be requested by the City.
(f) Space for approval and/or comment by the
Manager.
(q) The names of adjacent owners or claimants, if
any, other than the City.
(h) Adjacent U.S. Surveys, if any, givinq the
number of the Survey.
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Ord. 455-78, page 9
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(i) A vicinity sketch or key map should be shown
on the preliminary layout. The scale shall
not be less than one-half inch to the mil.e.
The relative location of the parcel being
applied for, the principal road systems and
section or special survey lines shall also be
shown.
Section 6.5. Survey Procedure. Wherever feasible,
data as set forth in ATS 272, recorded in the Kenai Recording
District as 76-179 shall be used. Where additional data is
required the following procedures shall govern:
(a) Determining the line of inean high tide.
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l. In the case of U.S. Survey which abuts
the tidelands, such U.S. Survey being
made prior to the date of statehood, the
line of inean high tide shall be construed
to be either the meander lines established
on the seaward side of the U.S. Survey
or the line as defined under Section
2(s) of these regulations, whichever is
. the lower.
2. For tidelands surveys abutting any U.S.
Survey made after the date of statehood
or in any location where no uplands
survey exists, the line of inean high
tide shall be determined by using U.S.C.
& G.S. Bench Marks, (or any other bench
marks which have been ~stablished frum
that source), and tide table datum.
The upland boundary need not follow
this line in its entire exactness, but
may follow in a"meander" or "average"
line of inean high tide. Each end of the
boundazy should be established on the
elevation of inean high tide. Provided
however, that where the true line of
mean high tide has been altered by fill
or artificial accretion, the line of
high tide as it existed prior to such
alteration shall govern.
~
3. In the case that no U.S.C. & G.S. Bench
Mark e.cists within one mile of the
property being surveyed, the surveyor
may, by using the tide tables for the
immediate bod,y of water, and applyinq
tidal readings he has taken, determine
the line of inean high tide and use it in
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Ord. 455-78, page 10
accordance with paragraph (2) of this
~~
, s.ecfi ion .
In some cases, such as salt or mud
flat areas where the average grade of
the bench is 10$ or less and determining
the elevation of the line of inean high
tide could create a lengthy horizontal
distance, the Ci~y Council may require
that the true line of inean high tide be
established, regardless of the distance
from a known bench mark.
(b) Method of establishing side boundary lines.
In fixing the side boundary lines, the general
rules of extending Riparian Boundary Lines,
as outlined by such authors as Rayner, Clark,
or Brown shall be followed. in the event
that actual occupancy does not match the
Riparian Boundaries, the survey shall be made
to include the occupant's holdings and not
to encroach on the adjoining occupant.
Section 6.7. Procedure on Final Plat
! 1 (a) • The final plat shall conform substantially to
~ the preliminary layout as approved by the
Manager. ~
(b) The final p3.at shall be submitted to the City
Clerk on good quality tracing cloth, in ink,
or mylars together with five prints.
(c) The final plat shall be drawn to scale of one
inch equals 100 feet, with an option of using
one inch equals 20 or 40 feet, on sheets of
one of three sizes: 18" x 24", 31 1/2" x 34",
or 22" x 36", unless otherwise approved by
the Manager. When more than one sheet is
required, an index shall be filed showi.ng the
entire parcel with the sheets in numerical
order, and each sheet showing the total
number, i.e., sheet 1 of 3. ;7hen more than
one sheet is submitted, only the last must
have the approval b2ocks, but all sheets must
be the same size.
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Ord. 455-78, page 11
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(d) When the final plat has been approved by the
rSanager, o:,c capy sr.all b~ ser,t, alon~ wii,li
the deed to the property, to the Magistrate
of the Recording District in which the tract
lies for official recording. Spec:.al instructions
sha2.1 be sent to the Magistrate insi:ructinq
him to send the deed to the occupant after
recording. One copy of the plat will be
returned to the occupant. The original
tracing containing the certification by the
Manager will be retained by the City. Prints
or duplicate transparencies will be furnished
at cost of reproduction.
Section 6.8. Final Plat Requirements.
(a) The final plat shall include all information
required on the preliminary plat.
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(b) The final plat must represent an actual
survey made by a person who has been qualified
by the State of Alaska, Board of Engineers &
Architects Examiners to practice land surveying
in the State of Alaska.
(c)'~ In addition thereto, the following information
shall be shown on the final plat:
l. Boundary lines of the parcel with length
and bearings which must close within the
limits of 1 to 5,000. If the seaward
limits of the survey falls within the
line of inean low tide, the seaward
boundary must represent lines actually
established by the surveyor.
2. All easements as required by the City.
3. Basis of bearinqs used.
4. A properly labeled legend showinq monuments
as found or established.
5. The course of the shoreline for an
additional 400 feet from each side of
the survey.
(d) Monuments.
1. Minimum requirements: Monuments shall
~ consist of a one and one-half inch
galvanized iron pipe, thirty or more
inches long. This pipe shall have a
four-inch flange across the bottom and
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Ord. 455-78, page 12
shall be filled with concrete. Firmly
~~ emplaced in the concrete at the top
shall be a brass or bronze cap. The
pipe shall be tnorougniy tam~ed wiien
set.
The brass or bronze cap shall have a
minimum of two inch diameter across the
top and 3/4 inch by 2-1/2 inch shank.
Each cap shall be marked in accordance
with the Manual of Surveying instructions
as compiled by the Bureau of Land Management
and shall also show the registration
number of the surveyor.
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Where impracticable to set an iron
pipe manument, a tablet containing a
minimum of 1,000 cubic inches of concrete
and a brass or bronze cap marking the
actual corner point may be used. Should
the point for a corner be in a place
which would be impracticable to monument,
witness corners sha21 be set in a safe
place on the survey boundary line or
have two reference monuments set. The
monuments on the uplands side of the
survey shall be referenced to bearing
objects, such as trees, rocks, piling,
buildings, etc., or have two reference
monuments set marking the corner.
These references may be shown on the
plat of survey or may be listed separately
on a plat as described unaer Section
5.7, Paragraph c.
2. Unless otherwise appreved by the City
Council, every survey shall have at
least four monuments, each fully described
fn the plat of s+.irvey. It is desirable
but not mandatory that monuments be set
at all exterior angle points of the
parcel. The line of sight between
adjacent monuments shall be unobstructed.
The distance betweer~ adjacent monuments
shall not exceed thirteen hundred and
twenty feet (1,320'). No part of the
parcel shall be farther than thirteen
hundred and twenty feet (I,320') from a
monument unless otherwise approved by
the City Council.
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Ord. 455-78, page 13
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' 3. Tf the point for the seaward corner
falls in an unsafe place, a witness
corner shall be established on the side
boundary line.
(e) Relationship to known monument.
1. Bearings of all lines shall be referred
to the true meridian. The magnetic
needle may not be used for this purpose.
Bearings shall be obtained by deflection
from existing official surveys at the
G.L.O., B.L.M., U.S.C., and G.S., U.S.G.S.,
the Alaska Division of Lands, or monuments
with proper identification which are
delineated on recorded plats, unless
otherwise provided for in these regulations.
2. True hpa=~.ngs and distances to the
nearest established survey lines, such
as those listed previously, which shall
be accurately described on the plat,
shall be shown.
Section 7. Deposits for Costs Prereauisite to Filing.
~~~ The application form will assist the appl cant in determininq
the proper costs to advance, which will depend upon the
nature of the riqht claimed. In all cases a filinq fee of
$10.00 will be required. Survey costs depend upon the
area claimed at the rate of $0.01516 per square foot. If
the area claimed is different from the lot as it appears on
the Survey, the applicant shall show the measurements of the
additional or lesser area claimed and compute and pay th~
different survey cost accordingly. Transfer costs will be
the same in all cases. They cover the cost of time estimated
to be required to examine, process and approve the application,
as well as to prepare and execute the deed, publfsh notice,
qive notice of additfonal costs, if any, and give notice to
applicant. In all cases transfer costs will be in the
amount of $35.00. Deposit for appraisal coats will be
reqnired in all cases of Class II pr~ference rights, or
where another asserted right is determined by the Council to
be a Class II right. Appraisal costs will depend upon the
area involved and the complexity of the appraisal sought.
Where required as a deposit, the minimum amount is 550.00
but additional amounts nat exceeding 5100.00 may be required
prior to delivery of deed.
Section 8. Additional Costs in Certain Cases. Aside
from deposits required at the time of ling applications,
~ additional costs will be required to be paid prior to hearings
where disputes require hearinqs, and for cost of land under
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Ord. 455-78, page 14
` a Class II right as well as appraisal ihereof when a pr.efezenee
~ 1 right sought to be exercised is determined to be a Class II
right, as follows:
(a) When the area claimed does not comply with
the boundaries of the lo~ shown on the Survey,
it is necessary to have a hearing to es~ablish
the validity of the right claimed and whether
it fs necessary for the Survey to be changed
to comply with the application. This may
require notice to be given to adjacent occupants
interested in the dffference between the
lands claimed and land as shown on tho Survey
so that all parties in interest may be heard
at the hearing.
(b) When applications conflict with the same area
or portions ~hereof, it shall be necessazy to
conduct a hearing to determine the fact and
the issue in question. Conflicting claims
will be carefully scrutiniaed and each disputing
party will bear the burden of provinq facts
sufficient to establish the validity of his
claim.
(c) The party filing an applfcation conflictinq
v~ ' with a claim previously filed shall be required
to deposit hearinqs costs in the amount of
$50.00. If the conflict is not known at the
time of ffling, the applfcant shall be advised
of th~ canflict as soon as it is known and of
~ the need to deposit the hearing cost deposit.
(d) The applicant who after hearing and deter-
mination by the Council fs determined to have
claimed the land of another shall be the
party to bear the cost of the hearing. If
such party did not deposit such costs, no
deed shall be delivered to him until the cost
is paid. Where the depositor is the prevailing
party, the hearing cost deposited shall be
refunded to him by the City.
(e) When title by Class II preference right is
claimed, the applicant shall be required to
depesit the appraised purchase price after
appraisal has been made and the purchase
price has been so determfned. The same
pracedure will be applied when no application
under another Class of right is sought but it
is determined that the only available right
~ to the applicant is a Class II right.
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Ord. AS5-78, paye 15
~ (f) When a preference riqht is sought to be
exercised other than a Class II right and
such right is determined to be a Class II
~igiit, Liiar, L,a u~p~icant ~t-,all L-~ LCt~ullt,:~
to deposit the estimated cost of appraising
the property claimed.
(g) The applicant who receives the deed from the
City shall at his own cost bear the cost of
recording the deed.
Section 9. Procedures for Processinq Filed Applications.
The Clerk shall cause the following procedures to be carried
outs
(a) All copies of applications accepted for
filing shall be stamped with time and date of
ff.ling and an applicatian number in chz•onol-
cgical order of fi~.ing.
(b) Al1 oriqinal applications shall be filed in a
permanent •register and the names of the
applicants entered in an alphabetical index
whi~h shall be a permanent part of such ,
register.
~ (c) The application reqister shall be avafia.ble ,
- ' for public inspeata.on during offiae hours of ,
the ~lerk except k~hen in actual us~ for
filing and indexing.
(d) Certified copies of~all applications sha].l be
prepared for all persons upon request upon '
their paying $2.00 per page for copies of
said applications and any attachments forming
a part thereof.
(e) Processing of duplicate applications. The
third copy of the application wi1.1 be returned
tA the applicant as his record and as receipt
for deposit made, or mailed to applicant if
he has provided a return envelope. The
second copy shall be the workinq file copy to
be handled and processed as follaws:
1. Appli.cations to exercise Class I preference
rights which apply for lands which
comply with the Survey with respect to
area and boundary locations shall be
transmitted to the City Engineer for
handling as provided~in Section 11 (b3.
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Ord. 455-78, page 16
~ 2. Applications to exercise Class I prefezence
r~ights which claim lands which do not
comply with the Survey with respect to
area and boundary locations, shall be
transmitted to the City Engineer for
handling as provided in Section 11(a)
and further processing as provided in
Section 14.
3. Applications to exercise Class II
preference rights, and all applications
determined in whole or in part to be
Class II, shall be transmitted to the
Assessor for appraisal as provided in
Section 10.
4. No applications which combine Class I
and Class II preference rights will be
accepted for filing. Any such appli-
cation presented for filing shall be
returned to the applicant for revision
into two or more applications, each of
which will apply for land under only one
type of preference right.
'~ .5. An application to exercise one class of
preference right which in part complies
with ~he Survey with respect to area and
boundary locations, but does not wholly
comply with the Survey in such respects,
sha3.l be treated as if no part of the
application so complies with the Survey
and shall be processed for contest
, hearing.
Section 10. A~praisal. All applications for Class II
preference riqhts shall be transmitted to a professional
appraiser for appraisal. His appraisal shall be made on a
foxm prepared in duplicate, the original of which shall be
attached to the application and the duplicate of which shall
be retained for his records. Applications when appraised
shall be transmitted ~o the City Engineer for further processing.
Section 11. Review by City Engineer. All applications
beinq ready for processing shall be reviewed by the City
Engineer. Upon review and comparison with the Survey, he
shall make his statement in duplicate as to whether or not
the application seeks to exercise a preference right to land
which is described on the Survey, and complies with it in
respect to area and boundary Iocations, and the interest of
..,i~ the City, if any, in the lands applied for.
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Ord. 455-78, page 17
~
(a) Applic.ations which do not conform to whole
lots on che Survey, ut wiiiuii 5~ek ~.v exercise
a preference right to land in which the City
has, or believes it has an interest in, shall
be transmitted to the Hearings Officer for
further processings under Section 14.
(b) Applications which do comply with the Survey
with respect to area and boundaries, and
cahich do not seek to exercise a preference
right to land in which the City has an interest,
sha21 he cansidered approved and shall be
returned to the City Clerk for further proceedinqs
under Section 12.
Section 12. Processing of Approved Applications by Clerk
and Notice to Public. A7:1 applications returned to the
Clerk approved by the City Engineer, and appraised by the
Appraisorif required, shall be processed by the Clerk in the
following manner: The Clerk shall ascertain if the deposit
made by the applicant is sufficient to pay all known and
estimated costs of survey, appraisal, transfer, and purchase,
if of Class II, and if not, to ac~vise the applicant that the
remainder due shall be deposited with the Clerk before
further processing. If or when the deposit is su£ficient to
~ pay aIl such costs, the Clerk shall cause to be published
once a week for four (4) weeks, in a newspaper of general
circulation in the City,~notice of the names of the applicant(s),
the Block and Lot numbers of the property claimed according
to Survey designations, the preference right claimed, the
improvements made, the length of time (including the dates)
the applicant occupied the land, and if Class II, its
appraised value, and that the City will issue to the applicant(s)
its Deed therefor within thirty (30) days after the last
date of publication, provided that before date of last
publication no adverse application or claim has ~ieen filed
with the City. During said period of publication the applications
therefor sha12 be returned to the City Enqineer who, at the
end of said period of publication, shall note on the application
whether or not any adverse claims have been filed for the
land in question. If adverse claims have been filed, the
applications shall be further processed £or hearing. If no
adverse claims have been filed, the respective applications
shall be returned to the Clerk.
Section 13. Deeds--Permanent Re ister. The Clerk
shall then cause to be prepare a Quit-Claim deed conveying
such land to the applicant(s) that the City has and transmit
the Quit-C1aim Deed to the Manager for execution. Notice
~~ shall then~be sent to the applicant to take delivery of said
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Ord. A55-78, page 18
~ Deed at the office of.the Clerk, who shall deliver the same
~ ~a the appZicsnt if all r~~~.~ir?mPnr_G havP hPAn mPt and al.l.
costs, including purchase price, if requir~d, have been
paid. Duplicate originals of all executed Deeds shall be
kept in the office of the Clerk in a permanent register
entitled "Kenai Tidelands Deeds" with permanent alphabetical
index of grantees.
Section 14. ~ecial Proceedings for Disputed Claims--
Establishment of Office of Hearings Officer. There is
ereby created, for the purpose of assisting the Council in
performing its duties of adjudicating disputes between
claimants of preference rights to tidelands, the office of
the Hearing Officer. He shall be appointed by the Council
to serve without compensation other than an agreed part of
the deposits made by claimants for hearing costs. His duty
shall be to set disputes for hearing and hear the evidence
under oath of the parties to the disputes. Proceedings
shall be informally conducted, and their object shall be to
determine without delay the respective basis of the conflicting
claims. Upon the submission of each dispute, the Officer
shall prepare a short summary of the conflicting claims and
the evidence submitted in support thereof, together with his
findings of fact, and conclusions of law. This summary
~ shall be transmitted to the Council for consideration and
~ . adjudication. ~
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Section 15. Proceec~ings for Determination by Council
of all Disputes. Upon receipt of the working files in all
cases of disputes, and the summary of the Hearings Officer,
together with copies of notices of hearings served upon or
mailed to all parties to the dispute, the Council shall set
the dispute of Iiearing and determination, and cause notice
to be served on all parties. Upon the Council having heard
the dispv;:e it shall enter its ruling thereon as quickly as
possiblE•, but not later than ten (10? days after the matter
is submitted. Aggrieved persons shall have the right of
appeal to the Superior Court, within thirty (30) days after
the rul.ing of the Council is rendered.
Section 16. Determination u on Sti ulations of Facts.
Wherever possible, to reach agreement of t e parties at
hearings before the Hearings Officer, a stipulation of facts
shall be prepared and agreed upon by the parties. Where
this is done the Officer shall prepare and attach his
conclusions of law and submit the file to the City Engineer
to determine if the City's interests are affected by the
stipulation, or if a boundary change in the Survey is neces-
sary. If a Survey boundary change is required and no third
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~arty ur CiLy iu~crest~ are affecte3 a3verscly br ~'r~e prop~sed
change in boundaries of lots shown on the Survey, u~on
approval of the Council the Survey shall be directed to be
changed. Should it be determined by the City Engineer that
the stipulation adversely affects the interest of the City
or those of third parties, the dispute shall be returned to
the Officer for further proceedings upcn notice given.
Section 17. Reiection of Protests Other Than by Applicant.
No objections will be received to proposed issuance by Deed
by the City on publication of notice thereof, nor will any
person be permitted to appear and be heard at any hearing of
a dispute before the Hearings Officer or the Council, unless
such objector or person is an applicant for preference
rights of Class I or II and has filed an application with
the Clerk. The foregoing shall not prevent the appearances
before the Hearing Officer or Council of witnesses appearing
on behalf of the parties in dispute.
Section 18. Handling of Deposit and Purchase Funds.
All funds received as deposi~s with applications for costs
or purchase price for tidelands shall be deposited by the
Finance Director in the General Fund. Such deposits will be
credited by the Finance Director as follows:
(a) Survey Costs - as a credit to disbursements
made by the City for costs of preparinq the
Tidelands Survey.
(b) Transfer Costs - to Administrative Costs as
Deeds are issued.
(c) Appraisal Costs - to Administrative Costs as
earned, or as credit to appraisal costs
incurred.
(d) Hearing Costs - to Administrative Costs,
Hearinqs Officer.
(e) Purchase Costs of Class II lands shall be
credited to a separate account in the Genera].
Fund to pay for improvements in tidelands
areas consisting of fill, street, sidewalk
and sewer improvements.
Section 19. Forfeiture of Preference Ri hts. Any
occupant or owner or holder of pre erence rights as herein
defined, who has not applied to the City for title thereto
~ as herein provided, on or before two (2) years after the
'~_~ date applications to exercise preference rights will be
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Ord. 455-~8, page 20
~ accepted for filing by the City under this Ordinance, by a
prnpPr~y r.nmrlp*e~ ~~rli.c~tion dul;~ filed arith the C1erY. ar,d
accompanied by the required deposit, shall have forfeited
his right to assert his preference rights and acquire title
to tidelands subject thereto from the City; and such tidelands
and contiguous submerged lands subject to such unused preference
rights shall thereafter be free and clear of all. claims to
preference rights and the City shall have no ob2igation to
convey the same to any Person or persons whosoever, and said
land shall then be and remain the property of the City and
be subject to such disposition as provided for by law or
Ordinance.
Section 20. Forms. The clerk shall cause to be printed
application forms and other forms for use in processing thc:
same in substantially the following form:
(a)
APPLICATIOAT FOR
TIDE7~AND PREFERENCE RIGHTS
Name Application No.
Home Address
~ Post Office Address
' Mark X to designate nature of Preference Riqht C].aimed
Class I ~
Class IZ
Does the Tideland Survey 272 correctly show the land applied
for?
Yes No
If Tideland Survey does not correctly show land applied for,
describe it by metes and bounds and attach plat of land
applied for (use attachment if more space is required).
All claimed improvements were first constructed and used (I)
before September 7, 1957 ?(2) between Septe~ber
7, 1957 and January 3, 1959 ?(3) after
January 3, 1959 ?
Is any part of your claim based on improvements and/or fill
constructed or placed after January 3, 1959? Yes
No . If answer is "yes" describe area improved
after January 3, 1959, (use attachment if more space is
needed) and state nature of improvements.
~. ~~
'''~ Have any of these improvements been extended or improved
after (1) September 7, 1957, (2) 3anuary 3, 19597 Describe.
To what beneficial purpose was fill used prior to (1) September
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Ord. 455-78, page 21
~ 7, 1957 (2) January 3, 2959? Describe.
Was this beneficial use continued through January 's, 19~y:
Describe. ~
The Survey is based on apparent use and improvements existing
on January 3, 1959, recognized by the Alaska Land Act; state
any reason known to you why your claim does not correspond
with the Survey. (Use attachment if more space is required).
I offer Cash Money Order Cashier`s
Check in the amount of $ as
deposit for the following costs:
Use by Clerk
Filing Fee S
Survey Costs tat rate of
per sq. ft.)
Appraisal Costs (Class II
Applica~ions)
Transfer Costs ($ )
Aearing Costs (if cla m adverse
to prior application a deposit
of $ for hearing and
~ servi ce notice is required)
. q •
Total Deposit (Does not include
~
.
purahase price of land in
Class II Applications)
Deposit Received by City by
Date of Application
Date Application Received by City
Time Filed
CERTIFICATION
I, , the above named applicant,
or ts agent, ereby certify that all of the statements made
in the application and a.ncorporated attachments, if any, are
true and correct.
Pr nt Name ( s )
Signature s)
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APPRAISAL
The undersigned appraiser(s) do hereby certify that ha has
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Ord. 455-78, page 22
' 1 duly appraised the tide and/or submerqed land described in
th~ sttwchcd 1:NpZication *?o. ~f -
without including in the hereinafter stated value any value
for valuable improvements constructed or placed hereon prior
to January 3, 1959, at the fair market value.
Tide].and sq. ft. at $ per sq.
foot S
DATED at Kenai, Alaska, this day of ,
197
Signed
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(c)
CITY ENGINEER'S REPORT
This is to certify that the undersigned, City Engineer for
the City of Kenai, Alaska, has examined the attached Application
No. for and compared
the same to the Kena- i Survey 272 and under the provisions of
Ordinance No. do report as follows:
1. The land claimed corresponds to the Survey in area and
boundaries.
Yes No •
2. The land claimed does not so correspond in the following
respects:
~J
3. The land claimed is contrary to the interest of the City
of Renai.
4. The land~.med has already been claimed i.n Application
No. Recommendations:
(d)
DETERMINATION BY COUNCIL
Dispute No.
Adverse Clai.mants
1.
2.
3.
4.
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Ord. 455-78, page 23
Description of Land according to Plat Block Lot
and Survey.
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Other Description:
Date of Hearing Notice Given
Persons Appearing:
Determination:
(e)
CITY OF KENAI, ALASKA
TIDELAND QUIT-CLAIM DEED
This deed, made in duplicate this day of ,
197 , by and between the City of Kenai; Alaska, Grantor,
and~ , Grantee ( s ) .
W I T N E S S E T H:
~
That the said Grantor, for and in consideration of the
sum of One and No/100ths ($1.00) Dollar and other good and
valuable consideration, to it in hand paid by the said
Grantee(s), pursuant to the provisions of the Alaska Land
Act (Chapter 169, SLA 1959) and Ordinance No. 455-78, enacted
~ on January 3, 1979, pursuant thereto, does hereby conveys,
'~ quit claims, and confirms unto said Grantee(s) as tenants by
the entirety, with the right of survivorship (strike if
grantees are not husband and wife), and to his (their) heirs
and assigns (strike if Grantee a corporation), and to its
successors and assigns {strike if Grantee not a corporation),
. all such interest as the Grantor has, if any, in the followinq
desczibed lot, piece, parcel and tract of tideland and
contiguous submerged land si~uated within the corporate
limits of the City of Kenai, Alaska, and more particularly
descrfbed as fol.lows, to-wit:
Together with all and singular the tenements, hereditaments
and appurtenances thereunto belonging or in anywise appertaining.
To have and to hold the same unto the said Grantee(s),
his or their heirs and assigns, (or) to its successors and
assiqns, forever.
IN WITNESS WHEREOF, the Grantor has caused this Deed to
be executed the day and year hereinabove first written.
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~ • Ord. 455-78, ~~-~ge . - ------ -
CORPORIITE SEAL CITY OF KENAI, ALASKA
ATTEST:
;, ~ • By '
Its C].erk Its rlanager
ARTICLE III • .
RULES AND REGULATIONS GOVER~!ING THE 11D:I:NISTR~ITION OF
CITY-O~r'tiED TIDE el`1D SUB?.ERGE~ I.~~NpS tOT SIiBJ~CT TO
PREFEREtiCE RIGHTS, OR tdEiERE PREFERENC~. RIGHTS HAVE NOT
SEEN EXERCISED. ~
Section 1. Sale of Tidelands-Prohibition.
All tide and contiguous submerged lands of which the
City has ti.tle may not be sold except as provided in Article II.
Section 2. Leasing of Tidelands.
A. Polic . The City, in order to make sites available
for beneficial industries, may lease City-owned tide~ands
to persons who agree to operate a beneficial industry
upon the terms and conditions the Council considers
advantageous to the City.
~ 8. Lands Available for Leasinq. All classified tide
~-~nd 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.
' ' C. Classification Prior to Lease Required. Before ..
accepting applications to lease tidelands, the area
involved shall have fi.rst been classified for leasing
by the City Council with the approval of the Advisory
Planning and Harbor Commissions, and their availability
advertised in a aewspaper of general circu3.ation in the
area thirty (30) days prior to the time set for the
elosing of the acceptance of application.
D. Concept Applications. All applications for lease
of tidelands shall be filed with the City Clerk on
foxms provided by her and available at City Hall. Only
forms completed in full and accompanied by a 520.00
filing fee will be accepted for filing. Filir.g fees
are not refundable. With every application the ap-
~ pli.cant shall submit a development plan showinq and
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Ord. 455-78, paqe 25
~ stating (1) the purpose of the proposed lease (2) the
u~~, ta2ue ar~d na~urc of ii~ipi~veri~i:~iL~ lo L~ c:unst~ucteci
(3) the type of construction and (4) dates construction
is estimated to commence and be completed (5) whether
intended use complies with the zoning ordinance and
comprehensive plan of the City (6) describe generally
by reference to the Tidelands Survey 272 the area to be
leased.
E. Rights Prior to Leasing. The filing of an application
for a lease shall give the applicant no right to a
~ lease or to the nse of the land applied for. Any use
, not authorized by a lease shall constitute a trespass
against the City.
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F. Public Notice-Public Hearing. Notice of the lease
shall be published in a newspaper of generai circulation
within the City once each week far two successive weeks
not less than ten nor more than thirty days prior to
the date of public hearing. The notice must contain
the name of the applicant, a brief description of the
land, its are~. and general location, proposed use,
term, proposed annual minimum rental (i.e. percentage
of fair market value or flat fee plus percentage of
gzoss pursuant to Section 3(b)), limitation if any, and
a declaration that tY:e City Council will consider the
lease to the applicant on the basis of the applicant's
agreement to operate~a beneficial new industry upon the
terms and conditions as set forth in its application
which is available for public inspection at the City
Hall offices. The notice shall state the date upon
which public hearing will be held before the City
Council for consideration of the application. The
applicant shall bear the costs of all such advertising
and his fai].ure to pay the same within ten (10) days of
his being billed shall void his application.
G. Selection of Applicant. After the hearing provided
in sub-section F above, the Council will make its
selection and approval of the applicant if in the
Council's opinion, on the basis of all the testimony
presented, the award of the prospective lease will be
financially advantageous to the C~ty and in the best
interests of the public welfare, health and safety.
The Council may impose additional conditions upon the
applicant before making its award. The decision of the
Council shall be posted on the City Bulletin Board the
day after the hearinq and remain posted for ten days.
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H. Ap eal. At~}• person disagreeinq c•~it}i tl~c decision
_. of the Council may appeal the decision by iiling suit
~ in the Superior Court, Third Judicial Distr.ict, within
ten t10) days from the date of the posting c~f C~~_~ncil'~
decision.
I. Appraisal and Survev of Leased Lands. Ten days
after the selection oi the applicant if no civil action
has been filed pursuant to H above, the applicant shall
afi his own cost obtain a professional appraisal and
. survey of the land to be leased.
J. After the determination of the fair'market value,
the lease document shall be prepared utilizing the
rental rate as affected by the fair market value and
after execution thereof by the applicant shall be
~ presented to Council for authorization for signature by
the City Manager.
Section 3. The Lease Document.
~
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A. Term of Lease. Leases may be issued for a term of
not less than 5 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
value of the app2icant's proposed use to the economy of
the City and other relevant factors.
8. Contents of Lease and Rent. The Iease will contain
the provisions as required of leases of municipal
airport lands and facilities, Ordinance 400-78, except
that the Council as an alternative to the rent provisions
~herein provided may estabJ.ish a rental rate based upon
a fixed rate and percentage of gross of the lessee's
enterprise, when the Council has determined that it
would be in the City's best interest to do so.
Section 4. Permit for use--Conditions.
A. Permits. YJhen in the best interest of the City,
the Council may issue permits (other than set-net
permits covered by Section 5) for the use and/or improvement
of City owned tidelands or for the removal of
materials therefrom. The Council shall give such
preference to the use of the land as will be of greatest
economic benefit to the City.
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'~ Ord. 455-78, page 27
B. Fees. Permit fees shall be set by the Council for
~ each case. In addition to set fees, a permit fee may
3.JC L'aSeil tiYOii a pC1t;cliL~yc: vi t:C ~lO~S G~ tiiC' Z.CY'ilil.t,•-
tee's enterprise thereon.
C. Permit for use--Application. Application for
tidelands permit shall be submitted to the manager.
The manager shall submit the application to the Advisory
Planning and Zoninq and the Harbor Commission for their
approval or disapproval and, upon its return, shall
report the findings of these commissions to the Council,
whereupon the Council may, with or without a public
hearinq, grant or reject the requested permit.
D. Permit for use--Term--Revocation--Renewal--
Sale of improvements.
1. Revocable, renewable--dut of ermittee. Permits
issued sha 1 not exceed one year in duration, but
are renewable at the option of Council. All
permits shall be revocable when used contrary to
the conditions under which they are granted, or
when the Council in its judgment determines that
the best intPrest of the City would be sezved by
revocatfon. If any permit expires or is revoked,
all improvements placed on the tide or contiguous
I~~ lands•shall be removed by the permittee within 60
; days, provided, however, that the manager may
; extend the time for removing such improvements in
cases where hardship is shown. A permittee may,
with the consent of the manaqer, sell his improve-
ments to any succeeding permittee.
2. Sale of improvements. Any improvements or chattels
having an appraised value in excess of $10,000.U0
which are not removed within the time allowed
shall be sold at public sa2e and the net proceeds
thereof, if any, shall be paid to the permittee
after payinq all expenses of the sale and charges
due to the City. If there are no other bidders,
the Ci~y may bid in the property for the tatal
~ amount of permittee's indebtedness to the City.
Any improvements havinq a value of less than
$I0,000.00 which are not removed within the time
a2lowed shall revert to and become the abso2ute
property of the City.
E. Rights-of-way and Easements Granted by Permit.
Permit may be issued by the manager after consultation
with the Harbor and Planning Commissions and after
~~ approval by the Council for utility lines and services
~--.~ of all types and for necessary rights-of-way. Such .
permits shall be revocable at the option of the City.
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Ord. 455-78, page 28
~
Section 5. Set-Net Permits
A. Policy. The City may grant permits for the place-
ment of fishing set nets on City-owned tidelands.
Users of such permits are bound by the rules imposed by
the Alaska Board of Fish & Game. The number of set-net
permits granted will be influenced by environmental and
economic considerations.
B. Option Ric~hts. First option shall be granted to
the upland permit holder over other nonpreference
applicants for the use of tideland and contiguous sub-
merged land seaward of the upland property and which is
needed by such owner for the purpose of set-netting,
provided that the permit granted pursuant to such
option may be no lonqer than the length of the original
set-net permit or lease for the use of the upland
tract. The reasoning behind granting such a first
option is to avoid the inequity, confrontation and
strife that may result where the upland set-netter fs
cut off from fishing runs by set-nets placed seaward of
his nets.
~
C. Condition~. In order to benefit the greatest
number, while still being aware of the need to preserve
the environment and its food supply, the following
conditions attach to all set-net permits issued by the
City a~hich shall additianally be set forth in each
permit issued. .
1. Two permits per
may hold more than
from the City, and
site contain in ex~
legal gear allowed
Game in the region
located.
individual. No one individual
two set-net permits of any kind
in no event shall such permit
:ess of the number of units of
by the Alaska Board of Fish and
in which the City tidelands are
2. Status of permittee. The permit allows the
placing of set-nef: equipment upon City tidelands
under certain conditions herein enumerated. No
riqht or title whatsoever nor exclusive right to
the use in the land is granted to the perm~ttee by
such permit. The permittee may not block access to
said lands in any ~ray. No permanent installation,
building, structure, fixture or facility shall be
erected upon permit tracts except those features
directly necessary for the operation of a set-net.
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3. Size of tract and placement of set-nets. The
size of the individual set-net tract is determined
by the City Council at the time of classification
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Ord. 455-78, page 29
,~
of the tideland for set-net permit sites. The
size of the set-net tracts shall not be greater
than twice the minimum distance minus one foot
allowed between nets by the Alaska Board of Fish
and Game regulations for the local area. The
maximum distance of the tract side line from the
nearest net site within the tract shall not exceed
one-half the distance allowed between net sites by
the Alaska Board of Fish & Game regulations. The
seaward end line of each tract and the landward
end line of an off-shore tract shall not be
farther from the seaward end of the nearest net
than one-half the distance prescribed by the
regulations of the Alaska Board of Fish & Game as
the minimum distance between nets. The horizontal
distance between net sites shall be in accordance
with the Alaska Board of Fish & Game Requlations
to the locality.
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4. Marking of lease tracts. Unless otherwise
approved by the manager, each tract shall be
marked at the right corner not lower than the mean
high tide line with a wooden post at least three
` inches in diameter. To protect the marker the
~' applicant whenever possible should place the
marker on an extension of the boundary line above
the hiqh water Zine, but in a location visible
from the tidelands. The marker must be at least
two feet in height above the ground level. The
marker shall be painted a light color to which
must be attached a sign bearing the fisherman's
shore fishery permit number.
5. Use of permit. The permittee must personally
utilize the set-net site for not less than four
legal fishing periods durinq the commercial fishing
season. The permittee may refrain from utilizing
the set-net permit for any one year, but not two
consecutive years. The manager may make written
exceptions to these rules when its strict enforce-
ment will work a hardship to the applicant.
Written exceptions or denials for exceptions
stating the circumstances and reasoning shall be
kept on file for public inspection.
6. Closed area. No set-net permit may be utilized
in sites closed to fishing by the State Board of
Fish & Game and other state authority, but such
-~ permits shall not be revoked for failure to utilize
~ the set-net permit.
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Ord• 455-78, page 30
7. Hardship. The annual rental may be waived in
the case of substantial inj»ry, i]1naGa, c~11 to
military service or when the area is leqally
closed to fishing. The lessee must make application
to the manaqer for waiver of the annual rental not
less than 30 days before the due date. The manager
shall render a written decision to be kept on file
describing the reasoning for allowing or disallowing
such waiver.
8. Qualifications of a licant. An applicant for
a permit is qualified i the applicant:
(i) is a citizen of the United States and at
least 18 years of aqe; or
(ii) has fil.ed a declaration of intention to
become a citizen and is at least 19 years of
~ age; or
(iii) is qualified under other sections of
these requlations.
~ 9. Proof of ualification. In addition to the
-,- informat on submitted with the applicati~n, the
~ manager may request such addi~.ional proof of
--- qualification as is 8eemed necessary to help
~. determine the qualified applicants. Failure to
comply with any request for proof of qua~ification
or additional information shall be reason for the
; disqualification of an applicant.
~,; 10. Rights prior to permi.t issuance. The filing
of
a
i
~ an applic
t
on for a permit shall not in any
'~~ way vest any riqht in the applicant to a permit.
11. Conditional issuance of permit. Al1 set-net
' permits shall be conditional subject to:
•''''~
~~ (i) the permittee obtaining a current
1;
~ commercial fishing license;
'' (ii) utilization as p~r sec. 5 above;
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~
,;.. ; . f, the State of Alaska.
~~~ 12. Issuance of permit. After expization of
---- allowable appeal period, the manaqer shall issue
_-= the permit to the appropriate person. In the
: event an appeal is filed, no permit shall be
~
issued until the Council`s ruling is received and
- the time for appeal to the Superior Court has
_;:;' ` expired.
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Ord. 455-78, paqe 31
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13. proper location I~y ~i-e ~Grmittcc. Ft ~halZ
be the responsibility of the permittee to properly
locate himself on the permit tract.
14. Annual fee. The annual fee for set-net
permits pursuant to subsection I, is due in
advance at its inception and shall be prorated to
July lst af each year.
15. Successor in interest. In the case where one
person has purchased or otherwise legally acquized
all rights and intErest in another person's set-
net permit, the purchaser shall succeed to all
rights and privileqes that the seller would be
eligible to enjoy under the provisions of these
regulations provided that the purchaser submits to
the manager:
(i) a certified statement setting forth the
name of the seller, location of the net site,
and the date of purchase; and
(ii) a certified statement by the seller
~ setting forth the length of time hp has
.~ 'personally opezated the net site or net sites
and further stating that he has relinquished
to the purchaser all his rights and interest
in the permit and the name and address of
each of the adjacent set-net permittees.
16. A~peal• AnY action, order or decision made
by the manager may be appealed by an aggrieved
party to the City Council. The appeal must:
(i) be filed within 10 calendar days after
receipt of notice of the director's action;
(ii) be filed in aupticaze;
(iii) specify the action or actions to be
reviewed by the Council; and
(iv) specify the qrounds urged for the
reversal or nwdification of the decision.
The decision of the Counail is final. The appellant
may seek to file suit against such decision in the
Superior Court, Third Judicial District, no later ~
,~ than ten days after receiving notice of the Council. s
decision at which time he wi11 be considered to
have waived his objections.
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~ 17. Disputes of boundary line location. In a
dispute concerning one or more set-net permit
I 5iLe5~ l.I1e ~lv~G5lilty Nciil.y t<<ciy ie:~Jitc52: Liiu
manager to reestablish by survey the boundary
lines of each tract or tracts in question. The
~ manager may require that a survey be performed to
f determine the original location of the boundary
~ lines in dispute. The party or parties at fault
~ shall pay the cost of the entire survey, or,
failing to do so, the permit of the party at fault
~ shall be revoked.
D. Classification of Set-Net Areas. Before granting
any set-net permit, the C ty Council by resolution
previously advertised in a newspaper of general circulation
no less than five days before the date of hearing and
with the approval of the Harbor and Planning & Zoning
Commissions, shall classify the area to be utilized for
such permits except ~hat where there are existing
upland permittees of set-net permits than there shall
be no advertising required where said existing setnet
permittees exercise their option to apply for such
permit sites p~~rsuant to Section 5(b) above. The land
shall be surveyed and platte3 into individual tracts to
be utilized for set-net permits. The cost of surveying,
plattinq, advertising and other out-of-pocket expenses
_, incurred in properly classifying the land shall be
reimbursed by the eventual permittees, if any, or shall
be paid for directly"by option holders. The Council at
the time of considering the resolution shall determine
the permit fee to~be charged for set-net permits and
make that determination part of the resolutio,i to be
passed.
E. Notice. Notice of the classification of the lands
, avai ai-ble for set-net permits, the time period for the
s acceptance of applications, and the permit fee shall be
,I posted on the City Bulletin Board ten (10) days prior
;~ to the acceptance of applications therefore. In ad-
dition, notice of the classification shall be printed
,?_~ ~ in a newspaper of general circulation witliin the area
y~~ ten (10) days prior to the time for acceptance of
`"'~ applications. This paragraph sha12 not apply where
~ , existing set-net permit holders exercise their option.
'-- ~~ F. A lications. Applications for set-net permits for
-~ class fied lands shall be submitted on forms provided
--;- by the City Clerk and shall be accompanied by a$20.Od
_°..~~_(~ non-refundable application fee.
~
~ ~~ G. Withdrawal of Classification. The Council may at
_ ;.~ any tlme prior to the selection of permittees rescind
~ its reso2ution classifying permit lands and refund the
. application fees made.
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H. Selectian. ~•ihere more than OI14 aF~F~licacit ac~plies
^ per seL•-net E~crmit, the s~lc;ction shail l~~ made by
~ lottery at a public drawinc~. The mnnaaer. sh~zll rc~ject
, ~. ~ , • , • ~ • _ ~ • - ~ , ~ ~ • ~~ ~~,~: ~~ f.. L:-e
aa a~.iiCu..iGi~s ui.,.~i-i.iili iuu a vi L,~, iui~.
conditions of subsection "~." A disqu~7lifieci .iE~plicant
may appeal his discualification to the City Council
pursuant to subsection C, paragraph 16.
~ I. Permits~duration. E~ccept for o~~ion permfts
~ pursuant to Sec. 5(b), set-net permits shall be granted by '
the
Cfty Council for periods of no longer than faur (4?
years in length. Permits are not renewable and the
• expired set-net site must be reclassified pursuant to
subsection "D" before permits thereon may b~ gzanted
again.
J. Fees. Set-net permittee wil.l pay their proportion-
ate share of the survey plattinq and other classification
expenses incurrecl by the City. fn additi.on, set-net
permittee fees shall be determined by the Council by
resolution at the time of the classification of the
land for set-net purposes. Said fee may be a fixed fee
or fixed fee plus a percentage of the ~Jross income the
. • permittee derives from the use of the set-net permit.
K. Revocation of Permits. Permits may be revoked im-
_,,, ntediate2y by the Manager for the following reasons:
(1) Breach by permittee of the permit conditfons
" set forth in the permit.
~ (2) Failure to pay the permit fee, or to render
the proper information in.determininq the per-
-' centaqe of gross of income obtained from permit
use.
~ :~
''~ (3) If issued in error with respect to material
~ facts.
-~.. ~~ ~ (4) If the ermit site is bein used b t
~ p q y he
,~.} permfttee for purposes other than setting nets or
f'~ for unlawful purposes, or in violation of Alaska
~~ ~ Soard of Fish & Game rules and regulations.
- (5) Tf the permit site is not utilized pt+.rsuant
; to the conditions imposed by subsection "C.~~
~ ~~ i
:--, ,I (6) By mutual consent.
__r:'!~ A persnittee may appeal the revocation of the permit to
,-, the City Council by fol2oa~inq the procedures set forth
"J in subsection B(16).
_-~;~ ,
_'~I L. Rules and Requlations Governing Existinq Set-
Net Permits. Set-net permits or leases existinq between
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~ Ord. 455-78, page 34
the State Department of Natural Resourcos and various
set-net permittees at the time ~hat the City gained
~ ownership of the tidelands areas, will be honored as
permits by the rity f~r the duration of tim~ that the
leases or permits are in effect.
No renewals thereof, however, will be granted, and the
set-net permittee or lessee whose permit or lease has
expired will stand in the same position as any other
permittee applicant seeking a permit from the City.
Where the existing lease or permit contains a right of
renewal, then that provision will be honored for one
renewal period as designated under the lease but shall
be termed and considered as a permit rather than a
lease. Unless as otherwise specified in the existing
permit or lease, the fee for the set-net permit shall
be as determined by following the current State Department
of Natural Resources fees applicable to such set-net
permits.
M. Effect of Existing Preference Ric~hts. Permits are
subject and inferior to any outstanding preference
rfghts which have not yet been claimed within the two
year limitation period set out in Article II, Section
5.
N. Unauthorized use-Penalty. The placing of any set-
-- net qear, poles, lines or other equipment used for
commercial fishing upon City-owned tidelands without a
valid set-net permit issued pursuant to this ordinance
is unlawful and the violator may be subject to a civil
penalty of $1000per day. In addition, the City may
seek injunctive relief from the Superior Court to
discontinue such unlawful use.
O. Access to Set-net Sites. Set-net permittees shall
use access roads to set-net sites as indicated in the
set-net permit granted.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKP. this 3rd;'
day of Januay, 1978. ~~
VINCENT O'12EILLY, MAYOR
Attest:
Sue C. Peter, C ty Clerk
' First Readinq: Dece~nber 20, 1978
J Second Reading: January 3, 1979
Effective Date: February 3, 1979
1
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CITY OI' KENAI
~ ORDINANCE NO. 456-78
"( AN ORDYNANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
DECLARING CERTAIN LANDS FORECLOSED BY THE KENAI PENINSULA
BOROUGH AND DEEDED TO TIiE CITY OF KENAI AS DEDICATED FOR
PUBLIC USE AND/OR SURPLUS TO THE NEEDS OF THE CITY AND
' AMENDING ORDINANCE #312-78 TO PROVIDE FOR WRITTEN NOTICE TO
FORMER OWNERS OF SAID PARCELS PURSUADIT TO STATE STATUTE.
WHEREAS, on May 31, I978 certain lands, foreclosed by the
Kenai Peninsula Borough, were deeded to the City of Kenai,
' and
. WHEREAS, these lands have been reviewed by the City of Kenai
i Advisory Planning and Zoning Commission in accordance with
the City Code, and
~
WHEREAS, the Commission's recommendation as to retention for
~ public use and/or disposition of certain land is in order,
~ and
WHEREAS, A.S. 29.53.370 and A.S. 29.53.375 provide for the
, notice of this ordinance to previous owners of said property ~
by Certified Mail, and
;
~ WHEREAS, such new state statutory sections should be added ,
- -~ to Ordinance #456-78 providing for the sale of foreclosed ~
land. ~ ,
, NOW, THEREFOFtE, BE IT ORDAINEA BY THE COUNCIL OF THE CITY OF
RENAI AS FOLLOWS:
, ~
Section 1:
That the following parcels, as described below, along
~
- ! with the name and address of their former owner shall
' I be zetained for public purposes for park and recreation
:~
, , sftes:
,
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~ Parcel # Legal Description Former Owner ~
~
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039-035-0200
Black Gold Estate,
;
West Pacific Land Dev. Corp. ,
`
3 Block 5 313 E St., Suite 1, Anch.Ak.
,
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043-050-1700
Sec. 31, T6N, R11W,S.M.
North Kenai Home
.~ ~; ';_- I Lots 40, 41, 42 Owners Assoc. Inc.
"_= General Del.
_~ ~ ~ Kenai, Ak. 99611
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Ord. 456-78, p«ye 2
~ Parcel # Leqal Description Former Owner
047-084-0200 Orig. Twn. Kenai Raymond Gee
Lot 2, Block 12 9419 Wamble
Oakdale, Ca. 95361
Section 2:
That the following parcels, as described below, along
with their former owners sha ll be retained by the City
for public purposes fc~r a fu ture site for a fire station:
039-054-0900 C.F. Ahlstrom Sub. James E. Ewart
Lot 9, Blk. 11 Box 487
Fairbanks, Ak. 99707
039-054-1000 C.F. Ahlstrom Sub. James E. Ewart
~ Lot 10, Blk. 11 Fairbanks, Ak. 99707
039-054-1100 C.F. Ahlstrom Sub. James E. Ewart
Lot 11, Blk. 11 Box 487
Fairbanks, Ak. 99707
Section 3:
That the following parcels a re declared to be surplus
- to the needs of the City and are not needed for public
purposes and therefore shall be sold in accordance with
Ordinance 312-76 as amended herein:
039-054-1200 C.F. Ahlstrom Sub. James E. Ewart
Lot 12, Blk. 11 Box 487
~` 039-054-1300 C.F. Ahlstrom Sub.
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' Lot 13, Blk. 11
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039-D54-1400 C.F.
Ahlstrom Sub.
~i Lot 14, Blk. 11
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'~ .' ~ 039--081-2300 C.F. Ahlstrom Sub.
t~. . Lot 36, Blk. 13
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____ 039-062-1600
C.F. Ahlstrom Suh.
Lot 16, Blk. 9
Fairbanks, Ak. 99707
James E. Ewart
Box 487
Fairbanks, Ak. 99707
James E. Ewart
Box 487
Fairbanks, Ak. 99707
James E. Ewart
Box 487
Fairbanks, Ak. 99707
West Pacific Land
Dev. Corp.
313 E St.,
Suite 1
Anchorage, Ak. 99501
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Ord. 456-~8, page 3
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Section 4:
Ordinance 312-76 is hereby amended to add the following
provisions. Add a new section 9 to said ordinance to
read:
(a) The City Council sha~l determine by ordinance wh~ther
foreclosed property deeded to the City by virtue of
A.S. 29.53.360 shall be retained by the City for a
public purpose. The ordinance shall contain the legal
description o£ the property, the address or a general
description of the properties sufficient to provide the
public with notice of its location, and the name of the
last record owner of the property as his name appears
on the assessment rolLs of the City.
(b) Tax-foreclosed properties conveyed to the City by
tax foreclosure and not required for a public purpose
may be sold. Before the sale of tax-foreclosed property
held for a public purpose, the assembly or Council, by
ordinance, shall determine that a public need does not
exist. The ordinance shall contain the information
required in (a) of this section.
{c) The Clerk shall send a copy of the published
notice of hearing of ar, ordinance to consider a determination
required by (a) or (b) of this seciton by Certified
Mail to the former record owner of the parcel of property
which is the subject of the ordinance. The notice
shall be mailed within five days of its first publication
and shall be sufficient if mailed to the property owner
at last address of record.
(d) The provisions of (c) of this section do not apply
with respect to property which has been held by the
City for a period of more than ten years after the
close of the redemption period.
A new section 10 shall be added as follows:
Repurchase by record owner
(a) The record owner at the time of tax foreclosure of
property aCQuired by the City, or his assignees, may,
at any time before the sale or contract o£ sale of the
tax-foreclosed property by the . City repurchase
the property. The City shall sell the
property for the full amount applicable to the property
, under the judgment and decree with interest at the rate
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Ord. 456-78, page 4
of 8s ~;~ear fr^m the date ~f ~+nrry of iuAament of
foreclosure to the date of repurchase, delinquent taxes
assessed and levied as though it had continued in
private ownership, and costs of foreclosure and sale,
including, but not limited to, costs of publication of
notice and any costs associated with the determination
of holders of mortgages and other liens of record under
A.S. 29.53.350(a).
(b) After adoption of an ordinance providing for the
retention of a parcel of tax-foreclosed ~roperty by the
City for a public purpose, the right of the former
record owner to repurchase the property ceases. `•1
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASIiA this ~3'rd
day of January, 19T~.
VINCENT 0'REILLY, MAYOR
' ATTEST:
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~~ Sue C. Peter, C ty Clerk
First Reading: December 20, 1978
•~~ Second Reading: January 3, 1979
I' Third Reading: January 17, 1979
Effective Date: Februar 17 1979
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ORDINANCE NO. 458-78
I AN ORDINANCE OF TFiE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE PERSONNEL REGULATIONS AND IN PARTICULAR ORDINANCE
I NO. 414-78, CLASSIFICATION PI,AN.
WHEREAS, the Council by motion has authorized the City
~ Manager to advertise for the employ of a Parks and Recreation
Director, and
.,. i WHEREAS, an appropriate position must be created within the
Classification Plan of the Personnel Ordinance, and
-., WHEREAS, the Council has indicated that a desirable salary
~ ranqe is Grade 16.
~
~ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
f~ KENAI,Alasl~a that Ordinance No. 414-78, Section 1, Social
Services be amended to revise the Class Code No. 503 to read
j. "Parks & Recreation Airector* 16" instead of Class Code No.
503 "Parks & Recreation Supervisor 8."
_ PASSED BY THE COUNCIL OF THE CITY OF KENAS, ALASKA this 3rd
_ " ~ day of January, 1979.
VINCENT O REILLY, MAYOR
~ 'I ATTEST:
-----~ Sue C. Peter, C ty Clerk
'~~~ First Reading: December 20, 1978
~ Second Reading: January 3, 1979
~'• ,~,< ' Effective Date: February 3, 1979
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~~..~.. CITY OF KENAI '
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ORDI*J:~":CE ..J . 4 5: --', ~ ~, .
~.. AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI,~ALASKA
~ ZNCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
~ 1978-79 GENEFtAL FUND BUDGET SY $2,344.
WHEREAS, the Council, by Resolution No. 73-127 authorized
~ the City Manager to apply for a Criminal Justice Planning
Aqency grant to provide monies for Officer Cordle to attend
a Drug Enforcement Administration School in Washington,
~ ~ D.C., and
WHEREAS, the Criminal Justice Planning Agency has awarded a
~ grant in the amount of $2,344 toward this purpose, and
WFiEREAS, proper accounting practices require th~t all ap-
_ propriations of City monies he made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that estimated revenues and appropriations in
the 1978-79 Genera?. Fund Budget be increased as follows:
' Increase Estimated Revenues:
~, State Grants-Justice $2,344
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Increase Appropriations:
Police-Txansportation $2,344
-- PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd
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. i day of January, 1979.
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-' I VINCENT 0'REILLY, MAYOR
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;- -';'; ATTEST:
..: ~~:~s;
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~ it.~. Sue C. Peter, City Clerk
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;, j~'j Approved by Finance: h~
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First Reading: December 20, 1978
;~_~~. '; ' Second Reading: January 3, 1979
` ~ Effective Date: January 3, 197g
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KF.NAI CiTY Cn[~`JCII. - Ri'r(TI.AR ~tr£TING
DF.CF.11IitF.R °0, 19T8 - ?: 00 F.11.
I(ENAi PUtiI.iC SAFF.TY AUILDINC
PL£DGE OF ALLEGIAYCE
1
A.
AOLL CALL . '
A(iENDA A?PROVAL
B. tiEARING3
1. Ordinaace 453-78, Capitnl Project Fund "{tieter and sewer Lines"
2. Ordina^c ~ 454-T8, Capitnl Project Fund "Fncilities npsiQn"
3. Alcoholic Beverage Control Roard License RpnecvnlR
The Casitio. Pizza Paradisos. Endie's Frontier Club. and Frontier Liquor Riore
C. PfiRSONS PRESEYT SCHEDULED Tn ~E H£ARD
1. Lotuiie Kalar representing "Jaws of Life"
4. Repreaentatives from Coopers t Lybrand, audit firm
D. MIIdUTES
1. Mlnntes of the regular meetittg ot December 12. 19T8
8. CORRESPONDENCE
1. Kenai UWity Service Corporation
P. OLD BUSINES3
1. Amendment to Terminal Lease - ACI
4. Discusaion - Kenai !1lunicipal Airport Ski Strip
8. Lease of Airport Lands or Facilities - Raven Trans3t
4. Reeolution 78-199. Accepting the annuel audit FY 1978
~. 5. Resc:ution 78-201. "Grant of ingress and eqress" VOR-Dtoose Aange Road
8. 8aqctent to Coopers t~ Lpbrand
G. NBW SUSINESS
t. Bills to be paid - bilis to be ratified
• 4. Aequisitions exceeding SS00 •
E. Ordinance 455-?8. Tidelenda Qrdinence . ••
4. Ordinance 456-78, Declerinq certain foreclosed lands for use by the City ~..''.
5. Ordinance 457-78. Levying assessment egainst certain oenefited property
6. Ordinanee 458-?B, Amending the Persoanel Re~-ulatfons
9. Ordinance 459-?8. Increasing estimated revenues/aoprnpriations by S2,344
8. ResoIution ?8-205, Transter of funda in Kenai t:ater Project 07-O1-01684
p. ResoIution 78-206, Transfer of funda for repairs to telephone cable
30. Reaolution ?8-207, Transfer of funds for additional communfcatton co3ta
11. Resotution 78-208. Transter of funds for purchase of miaor equipment for Sa1I Facilitq
l4. Resolution 78-209, Requesting Borough School Roard to install light at Sears Elementary
18. Resolution ?8-210. Concurring with recommendation to rezone a tracL in ~VOOdlaad S/D
14. Aesolutiott 78-2ll. Authorizing City Menager to sign assignments of leases '
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15. Aesolution 78-212. Transfer of funds to reimburse costs of damaqed light pole
36. Resolution 78-213. Tra~sfer of funda to pay t5'ince-Corthell billfngs ~
I7. Aesolution 78-214. Transfer of funds for Drug Enforcemeat Adminiatratioa School costs ~
18. A~orized Gxmes of Chance ~ SkiIl - Frnternel Arder of EaRles
I9. Application for State Constructfon Grant Assistance
~0. Cirant application - Title IX. Senior Citizen Program '
41. Lease of Airpor: racilitiea - Hertz Corporatioa
42. Amendment to lease - Federal Avtatiort Administration
~ SS. Billiags from Ted Forsi t~ Associates
. Z4. Biltinga from Wince-Corthell t~ Associates
H. RE80RT8
i. cscy n~.~r
4. City Attorney
S. blapor
-~-e~ 4. City Clerk
~ 5. Finance Direetor
B. Plattning 4 Zoning Commission
4. Keaai Peniasulu Borough Assembly
MNYOR ! COUNCIL - QUESTIONS AND CO'.MylFNTS
t. PSRSONS PRE5ENT I30T SCHfiDULED TO BE HEARD
1tLiMiRNNtRNT P~
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KENAI CITY COUNCIL - REGUI.AR MEETING
DECEA'iBER 20, 1978 - 7: CO P.M .
~ KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'P•EILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. HOLL CALL
Present: Ron 1!4alston; Vincent O'Reilly, .*•tike Sesman. Phillip Aber, Edward
Ambarian ar.d Betty Glick
- Absent: Dan Whelan
AaENDA APPROVAL
MOTION:
Councilwoman Glick moved, seconded by l;ouncilman Seaman, that the a~enda
be approved with the addition of A4r. Frank McIlhargey under C-1.
Motion passed unanimously.
s. ~ ~xnsas
~ B-1: Ordinance 453-?8
Maqor O'Reilly read Ordinance 453-78 by title only. "An ordinance establishing
a capital fund project entitled "Water and Sewer Lines" and increasfng cstimated
revenues and appropriations in the amount of $220, 925 for EDA Project 0?-51-269B6
encompassing water lines. Willow and GAA, and sewer lines on McCollum Drive
plua renovation of five sewer lift atationa."
Mayor O'Iteilly opened the meeting to the public. There was no comment.
MOTION:
Couneilwoman C~lick moved. seconded by C~uncilman Seaman, for adoption of
Ordinance 453-78, capital project fund entitled "~+~ater and Gewer Lines" and
increasing estimated appropriations/revenues in the amount of $220,925.
Motion passed unanimouslq by roll call vote.
B-2: Ordina.~~g 454-78
Maqor O'Reilly read Ordinance 45A-?8 by title only. "An ordinance increasing
estimated revenues and appropriations in the Capital Project fund entitled
"Facilities Design" by $3I5 , 325" .
~ Maqor O'Reilly opened the meeting to the public. There was no comment.
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Decamber 20 ~ I478 - PagQ 2
MOTION:
Councilman Ambariun moved, seconded by C~uncilcvoman Glick, for ndoption
~, of Ordinunce 454-78 ~"Facilities Desi~n and inereasing estimated revenues/
sppr~rrietions hy 4315,325."
Motion paased unanimously by roll call vote.
B-3: Alcoholic Beverage Control Board License P.enewals
MOTION:
Councilwoman Glick maved, seconded by Councilman ~eamnn, that a letter of
non-objection to the renewal of licenses for the following be sent to the
Alcoholic Beverage Control Board: The Casino, Pizza Paradisos, Eaclie's Frontier
Club and Frontier Liquor Store. Council unanimously concurred.
C. P~R30NS PRESENT SCHEDULED TO BE HEARD
C-1: Lonnie Kalar
Sgt. Iralar of the Kenai Police Department came before Council to make a formal
presentation of a check in the amount of $4,200 from proceeds of the Policemen-Firemen
Ball and~ in addition~ Mr. Ernie Knackstedt and D4r. Gary Clack, representinp; the
Kensi Elks Club~ were introduced and presented a check in the amount of $1,253.04
' of donationa received by the Club. Sgt. Kalar explained that the donations were
to purchase emergency equipment, "Jaws of Life". Mr. Frank McIlhargey, representing
the Youth Hockey Assocfatfon was elso presented with a check from the Policemen's
/ Association. Mayor O'Reilly thanked Sgt. Kalar and the Kenai Elks Club for provfding
the Citq of Kenai with the life-saving equipment.
C-2: Coopers & Lqbrand ~
Mr. John Pilkinton of Coopers & Lybrand presented Cou il with the "Report on
Accounting and Operating Controls and Procedures" f FY 197?- ?8. ~ity Manager
Wise advised that he had studied the report and br y reviewed t~ie varioue sections
outlined and recommendations from the Au ~ . Finance Director Charles Brown
stated he intended to respond to aIl issu re~a ~Within the report and would submit
a copy of his comments to Council for their review.
D. MINUTES
D-L• Minutes of the regular meeting of December 12. 1978
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman, for approval of
the minutes of the regular meeting of December 12, 1978. as distributed. Council
so concurred.
1 E. COARESPONDENCE
..~
E-1: Kenai Utility Service Corporation
Councilman Ambarian recommended that the letter relative to additional claims for
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December 20, 1978 - Pnge 3
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damages received from KUSCO be referred to the ~ity Attorney to be diseussed with
Mr. Thomas of KUSCO and n report of such discussions submitted nt the next meetin~
of Council. ~
F. OLD BUSINESS
F-I: Amendment to ACI Lease
b'Iayor O'Reilly advised that Councilmembers Amharian and ~!~helan as ~vell as hfmself,
the City Attorney and City 1!~anager would meet wfth R4r. Eitel of A~I to discuss the
amendments to his lease. A'[ayor 0'Reflly advised that this meeting would be
at 2: 00 p.m.. Friday, in the Public Safety Building.
F-2: Disaussion - Airport Ski Strip
Councilman Ambarian advised that th lic ~Vorks Committee from Council
met and one of the items discusse the ski strip at the D.~unicipal Airport.
Councilman Ambarian stated that an alternative wae discussed and the City :Viana~er was
directed to look into the area that was suggested. City ATanager tl~ise advised that
he and the Control Tower Chief had reviewed the area of the proposed grass strip
to be utilized as a ski plane area in the winter. City Manager Wise reported that
the proposed area lies off the movement area bettveen taxiway A~-nd R. Councilman
Ambarian suggested that the proposed area be tried and if problems arise that make
the area not feasible for a ski atrip, the erea be closed off immediately. Cauncilman
Aber stated that due to the interest in a ski strfp it would be good for the Cfty to offer
such a service ~ however. Couneilman Aher questioned the City's ability to maintain
a ski strip because of the lack of equipment~ personnel, ete. Councilman Aber su~gested
that maintenance of the ski strip be given a low priority.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Gliek, that Adm3nist,ation
be direeted to forward a sketch of the proposed skf/grass strip for review and
approval by the FAA and upon approval, the City will formulate prforities for
tnaintenance.
Motion passed unanimously by roll call vote.
F-3: Lease of Airport Lnnds or Facilitlea - Raven Transit
City Manager Wise advised that the lease did not arrive at City Ha:2 in time to be
ineluded on the agenda .
F-4: Itesolution ?8-I99, accepting the annual audit FY 1978
F-6: Payment to audit firm
MOTION:
Councilman Ambarian moved, seconded by Councilw~man Glick, to brin~ the matter
~-~ of F-4, Resolution ?8-189 and F-6 - payment to audit firm back from the table.
Motion passed unanimously by rolI call vate.
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• Decembor 20, 1978 - Pn~e 4
A20TION:
Councilmnn Amburi~n moved, seconded by rc~uncilw~mnn (~Iick, for ncl~ntinn of
F.esolution ?8-199, nceepting the annunl r~udit FY 1978 un~l approvnl of nnym~nt in the
amount of $2,ODU to Coopers & I.ybrnnd.
Motion passed unanimously by roll call vote.
F-5: Resolution 78-201
MOTION:
Councilwoman Gliek moved, seconded by Councilman Geaman, to brin~; Resolution
78-201 back from the table. *totion passed unanfm~usly by roll call vote.
Mayor O'Reilly read P,esolutian 78-201 by title only. "A resolution authorizing the
City Manager to execute a"grant of ingress and egress" of the VnR-r'~oose Rang;e
raad to the general public.
1Vlayor O'Reilly opened the meeting ~o the public. There was no comment.
MOTION:
Councilman Ambarian moved , seconded. by c.'ouncilman *Tal ston , for adoption of
Itesolution 78-201, ingress/egress of the VnR-~?oose Ranqe Foad.
Councilman Ambarian advised that the Publie Ulorks Committee from Council also
discussed this matter at their last meeting and it was the unanimous reaemmendation
from the members present at the meeting that the resalution be ac~opted and the City
Manager was requested to contact Marathon Oil that the City would not do winter
maintenance of the road .
QUESTION:
Motion passed unan3mously by roli eall vote.
a. rr~w Busn~ss
Ci-I: Bills to be pa3d - bills to be ratified
MOTION:
Councilwoman Glick moved ~ seconded by Councilman Ambarian, for approval of
bills to be paid and bills to be ratified as presented this date.
Motion passed unaniinously by roll call vote.
Q-2: Bequisitions exceeding $500
MOTION:
Councflman h2s~lston moved, seconded by Councilman Amharian, for approval of
~ requisitions exceeding $500 presented this date.
Motion passed unanimouslq by roll call vote.
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• Decambcr 20, 1J78 - Pu~e 5
G-3: Ordinance 455-?8
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Meyor n'Reilly reud Ordinunce 455-i8 by title only. "An ordinnnce acc~ptinp;
conveyance by the State of Alfiska to the City of Kenni of tide nnd submerged l~nds
lying seatv~rd of the City; approvin~; ~nd ndo}~tin~; the officinl subc~ivision plnt of
the area conveyed; and estAblishing procedures by whfch preference ri~hts may be
exercised."
'.VIOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick~ for introductfon of
Ordinance 455-78, Tidelands.
Motion passed unanimously by roll call vote.
G-4: Ordinance 456-78
A4ayor O'Reilly read 4rdinance 456-?8 by title only. "An ordinance declarin~
certain Iands foreclosed by the Kenai Peninsula Borou~h and deedec~ to the f;ity
of Kenai as dedicated for public use and/or surplus ta the need~ of the rfty and
amending Ordinance 312-?8 to provide for written notice to former owners of said
parcels pursuant to State 3tatute."
MOTION:
• Couneilwoman Glick moved, seconded by Councilman Ambarian, for introduction of
Ordinance 456-?8, declaring certain lsnds surplus and dedicating same for public
use.
Motion passed unanimously by roll call vote.
a-5: Ordinance 45?-78
Mayor O'Reilly read Ordinance 457-?8 by title only. "An ordinance levying
essessment a~ainst benefitted property of the road assessment district estabiished
by Orditiartce 357-77 and establishing related procedures" .
MOTION:
Councilman Seaman moved, seconded by Couneilman Malston, for introductfon of
Ordinance 457-?8~ Ievying assessment ageinst benefited property & establishing
related procedures .
Motion passed unan3mouslq by roll call vote.
(~-6: Ordinance 458-78
Mayor O'Reilly read Ordinanee 458-?8 by title only. "An ordinance amendin~ the
Personnel Regulations and in particular Ordinance 414-78, Classification Plan" .
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December 20, 1978 - I'age 6
MOTION:
Councilman Ambarinn moved. seconded by Councilwoman Glick, for iniroduction
''1 of OrdinAnce 458-78, umendin~ the I'ersonnel R~~ulations.
Atotion passed unanimously by roll cull vote.
Ci-?: Ordinance 458-?8
Mayor O'Reilly read Ordinance 459-?8 by title only. "An ordinunce increesing
estimated revenues and appropriations in the 1978-79 General Fund Budget by $2~344.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction of
Ordinance 459-?8, increasing estimated revenues/appropriations by $2 ~344.
Motion passed unanimously by roll call vote.
G-8: Resolution ?8-205
Mayor O'Reilly read Fesolution 78-205 - transferring monies within the KenRi
Water Projeet 07-O1-01884 in the amount of ~1,05? to bring the City and EnA project
budgets in agreement and to fiind incidental overages in line-item expenditures categories."
Mayor 0'Reilly opened the meeting to the public. There was no comment.
MOTI4N: -
Councilwoman Glick moved, seconded by Councilman Seaman , for adoption of
Resolution 78-205, transferring monies in the amount of $1 ~ 057 within Kenai ~1'ater
Project 07-Ol-Olu84.
Motion passed ~~ously by roll call vote.
Ci-9: liesolution 78-206
Mayor O'Reilly read P~esolution ?8-206, transferring funds in the amount of $249 to fund
repa~rs made by Glacier State Telephone Company on their cable in Thompson Park
that was cut by City crews.
Maqor O'Iteillq opened the meeting to the public. There was no comment.
MOTION:
Councilman Ambarian moved, seconded by Counci2woman Glick, for adoption of
Resolution No. 78-206. transferring funds in the amount of $249 for repairs to cable
owned by Glacier State Telephone Company.
Motfon passed unanimously bq roll call vote.
~~ G-10: Resolution 78-207
.~
Mayor O'Reilly read P.esolution 78-207 transferring funds within Police budget in
the amount of $25D and in the Special Revenue Fund - State Jail Contrect in the
amount of $600 to fund additional communication costs and installation of a new phone
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Motion passed unanimously by roll call vote.
(#-Il: Resolution 78-208
Mayor O'Reilly read Resolution 78-208~ transferring funds in the State Jail
Contract Special Revenue Fund budget in the amount of $600 to purch~se minor
equipment for the jail facility.
Mayor O'Reilly opened the meeting to the public. There was no comment.
MOTION:
Councilwoman Glick moved, seconded by Councilman Seaman. for adoption of
Itesolution 78-208. transferring funds in the amount of $600 in the State Jail Contract
special revenue fund budget .
Motion passed unanimously by roll call vote.
a~12: Resolutfon ?8-209
Maqor O'Reilly read Aesolution 78-209 by title only. "A resolution requesting the
Kenai Peninsula Borough Board of Education and/or the Kenai Peninsula Borough
Public ~9orks Department to inatall illuminstion at the walkway to Sears Elementary
Sahool.
Mayor 0'Aeilly opened the meeting to the public. There was no eomment.
MOTION:
Councilman Ambarian moved, seconded by Councilwoinan Glick, for adoption of
Itesolution 78-209 with the following amendment: insert ~vithin the third "whereas"
paragraph.......Forest Drive is a State road........
Motion passed unanimously by roll call vote.
G-13: Aesolution 78-210
Mayor O'Reilly read Resolution ?8-220 by title only. "A resolution of the Council
concurring with the recommendation of the Cfty of Kenai Advisory Planning and Zoning
Commission concerning rezoning a tract in S~!oodland gubdivision, Part N."
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.December 20, 1978 - I~~~ge 7
line for the Jail Fncility.
~ Pdayor O'Reilly opened the meeting to the public. There H~as no comment.
A'i4TIQN:
Councilmnn Ambarian moved, seconded by Councilman Seamr~n, for ~dontfon of
Resolution No. ?8-20? trunsferring funds in the umount of $250 N.nd $600 for additional
communication costs and a phone line for the jnil f~cility.
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~ •Deccmbcr 20, 19T8 - Pt~ge 8
~ ~ MOTION:
~ Councilwoman Glick moved, scconded by C~uncilmnn SeAmnn , for ndoption of
/'> Resolution ?8-210, concurring with recomm~nd~tion concernin~ rezonin~ of a trnct
~ knatvn us Part I`', ~1'oodland ~!D from rur~l rcaidcnti.~I to ~uhurbzn residcntial.
Motion passed ununimously by rnll call vote.
G-14: Resolution 78-211
' Mayor O'Reilly read Resolution ?8-211 by title only. " A resoluiion authorizin~ the
. City l~sanager to sign all future assi~nments of Airport let~ses for collateral purposes
and existittg Airport leases converted to the new leasing forms."
Mayor O'Reilly opened the meeting to the public. There was no comment.
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MOTION:
Courtcilman Ambarian t:~oved, soconded by Councilwoman Glick, for adoptfon of
Rescolution 78-211 with the following amendment: add e Section 3: At the time of
eigning. the City Manager will provide Council with a copy of the new lease for
informational purposes only .
Motion passed unanimously by roll call vote.
Ci~-15: ltesolution 78-212
Maqor O:Aeilly read Resolutfon 78-212 transferring funds in the amount of $305
to paq the Homer E2ectric invoice for repair of light pole damaged by vandals.
Maqor O'Reillq opened the meeting to the public. There wae no comment.
MOTION:
. Couneilman Ambarian moved,seconded by C~uncilwoman Glick, for adoption of
Aesolution ?8-212, transfer of funds in the amount of $3t15 for drima~ed light pole.
Motion passed unanimously by roll call vote.
G-26: Resolution 78-213
Mayor O'Iteilly read Itesolution 78-213 ~ transfer of funds in the followin~ LPtV
Projects (Street Improvements -$2,012 and Airport Drive Paving -$I36) to pay for
the Winee-Corthell bills to be considered at the December 20th regular Council
meeting.
Mayor O'Reilly opened ihe meeting to the public. There was no comment.
MOTION:
Councilwoman Gliek moved, seconded by Councilman Seaman, for adoption of
~ Aesolution 78-213 txansferring funds within th+e Street Improvements Project
~ (52,012) and the Airport Drive Paving Project -{$136) to pay bills submitted bq
Wince-Corthell & Associetes.
Motion passed unanimously bq roll call vote.
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December 20, 1978 - Pnge 9
G-17: Aesolution ?8-214
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' Mayor O'Reilly read RPSOlution ?8-214 trnnaferrinr~ ftinds in th~ nmount ~f 41, 011Z
in the Police Depertment bud~et to help fund the City's shnre of sending Officer
Cordlcs to the Drug Enforcement AdministrAtion school .
Mayor n'Reilly opened the meeting to the public. There was no comment.
1tZOTION:
Councilwoman Glick moved, seconded by Councilmen Seaman, for adoption of
Resolution ?8-214, transferring funds in the amount of $1.003 in the Police Department
budget .
N~ation passed unanimously by roll call vote.
(3-18: Authorized Games of Chance & Skfll
MOTIQN: ,• •
Councitwoman Glick moved, seconded by Councilman Seaman, that the City hereby
approves the application for permit for authorized games of chance artd skill for the
Fraternal Order of Lagles.
Motion passed unanimously by roll call vote. '
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I G-18: Applieation for State Construction Grant Assfstance
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MOTION: '
;~~ Councilman Malston moved, seconded by Couneilwoman Glick, for approval of
I~ aubmission of applfcation for State construetion grant assistance for sewer line
~ constructfon~Airport Way from the Kenai Spur to N'illow and north on Willow to the ATC
~ Tower. ~~
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i Councilman Ambarian requested that the memorandum attached to the grant include
"w~ter/sewer" in front of references to the bond funds.
QUESTION:
Motion passed unanimouslq by roll call vote.
„ ti-20: Qrant Application
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i MOTION:
~ Councilman Ambarfan moved, seconded by Councilwoman Glick, for approval of
submisaion for Title IX, Senior Communitq Service Emploqment Program grant.
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~~ Motion passed unanimously by roll call vote.
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j ,J MOTION:
~~ Couneilman Ambarian moved, seconded by Councilman Ptalston, for approval of
lease of Counter Space No. 15 in the Kenai Airport Terminal to Iiertz Corporation
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~~ Motion passed unanimously by roll call vote.
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G-22: Amendment to leaAe
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Councilman Ambarian moved seconded by ('c~uncilwoman Glick, for approval
of amendment to lease of Airport Terminal fncilities to the Federal Aviation
Administration, Alaskan Region, per lease amendment.
Motion passed unanimously by roll call vote.
G-23 Billings from Ted Forsi & Associates
MOTION:
Councilman Ambarian moved, seeonded by Couneilwoman Glick, for approvai
of payment in the amount of $3~375.35 , Spur Highway ~t'ater & Sewer; pAyment in
the amount of $2,693.81, Main 3t. Water & Sewer; payment in the amount of
$2,937.15, Lawton St. Water & Sewer; and payment in the amount of $1,814.11, Inlet
View to Central Hei~hts water loop to Ted Forsi & Associates.
Motion passed unanimously by roll call vote.
t3-24: Billings &om Wince-Corthell
MOTION:
-~. Councilman Malston moved , seconded by Couneilwoman Gliek for payment to
~ Wince-Cortheli ~ Aseoeistes as follows: Jab ?8-19 - $?,610.40; Job ?7-43 - $1,224;
Job ?8-45 - $17,848.46.
Motion pasaed unanimously by roil call vote .
H. REPOFiTB
H-1: City Menager
(a) Agreement with Officer Cordle - City Manager wise requested permission to enter
into the standard agreement with Officer Cordle due to the City of Kenai sending
him to the Drug Enforcement Administration school in Svashington.D .C .
MOTION:
Councilwoman Glick moved , seconded by Councilman Malston , to authorize the
Citq Manager to enter into the atandard employee contract agreement wiih Officer
Cordle.
Motion passed unanimously by roll call vote.
(b) Sewer Treatment Plant - City 1!4anager Wise advised that the City had received a
letter fram the Borough Mayor stating the Borough will fund the local share of ~t,e_
J study required by DEC . Mr. W. ise requested permission to execute a contract
with the Borough nnd procced with the grant modificution to the application so that
the study can commence as soon as possible.
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MOTION: " 5
Councilman Ambnriun m~ved, second~ hy C.oiinciltiv~mnn Glick, that Administrr~tion
~ be hereby nuthorized to proceed wit contrnct with the Porou{;h for funding ~nd the
C"~ grant npplic~tion be modified accordingly.
, AZotion passed ununimously by roll call vote.
(c) Response to fire outside City limits - City Manager ~!~ise advised that the Fire Department
responded ta a fire call outside the City limits on Strawberry Road. n~r. K'ise stRted
that a portion of the structure had been st~vefl. City Manager t1'ise requested Council
~ direction. Councilman Ambarian recommended that Council direet Administration to
submit a bill to the homeowner for expenses incurred by the City in responding to the
fire. Councilman :~Zalston stated that he felt the City should be thankful that the Fire
; Department was able to save the structure. Councilman Ambarian expressed concern
i over the fact that a vehicle would not have been available if an emergency had arisen
within the City. Councilman ARalston stated that certain portions of Strawberry
Rosd were within the City limits and it would be difficult to determine ~vhether or not
a response should be made in some instances. Council concurred that the Finance
Department should submit a statement to the homeowner for expenses incurred by the
City in responding to the fire of their residence.
H-2: City Attorney
City Attorney 3chlereth advised that in the Brian Peck vs. City case that the oral
argument has been set for February I979 or perhaps early r/[arch. City Attorney
Schlereth confirmed that the City had received correspondence from the FAA
.J in which the FAA did not object to the opening of the VOR-Moose Range Itoad providing
that the FAA facilitiea were not affected in any way .
Ii-3: Mayor's Iteport
Maqor O'Reilly requested Counefl confirmation for the reappointment of Karen
Mahurin to the Planning Commission.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, for reappointment
of Haren Mahurin to the Kenai Advisory Planning & Zoning Commission.
Council unanimously concurred.
H-4: City Clerk
No report
Ii-5: Fineace Director's Report
No report
J H-6: Plarming & Zoning Commission
Councilwoman Glfck reported that the Planning Commfssion had approved the
rezoning of the tract within ~9oodland 3ubdivision, reviewed a conceptual lease
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npplication for Ier~se of nirport lunds ~nd, in ~ddition, advised Council thnt the Stnte
, has approved the contr~-et for the Comprehensive Plnn. Councilwoman Gliclc nlso
requested ihut Council t~ke into consider~tion thut '!9r. Clifforcl IJeus. whose term
~ ,., on the Planning Commission exnires this yenr, docs not ~vish to be reappointed~ and
' therefore. it will be necessury~to appoint c~ replucement.
Ii-7: Kenai Peninsula Borough Assembly
Councilman Ambarian advised Council th~t one item of particulnr interest to the Cfty
was that the Assembly repealed Chapter 10.08 of the J3orough Code pertainin~; to the
I Cook Inlet Air Resources 11'I~nagement Aistrict and the F3orou~h will be withdracving
from the District.
MAYOI~ & COUNCIL - G,,IUESTInNS AA'D COA'Ir7F.N'r'S
C;ty Manager tti'ise stated that with re~ard to the conceptual lease applicatfon for
Iease of area lying between the Spur, Ryan's C,reek and Airport t+.'ay -- the City
. I had a requost to survey. plat and appraise the land in order to obtain a reIease
from the FAA .
MOTION: ~
Councilman Malston moved, seconded by Councilwomen Glick, for approval of
Administration to obtain the services of a surveying firm and appraisal firm for
the above requested parcel of City owned lsnds.
Motion passed unanimously by roll call vote.
- NATIONAL (3UARD - Councilman Ambarian stated that in the City Manager's
letter to the National Guard relative to their trafning site, there was no mention
oY time. City Manager Nlise advised that he would modify his letter to indicate a
specified time .
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WA2iM 3TORAGE FACILITY - Councilman Ambarian reported that during the meeting
of the Public ~yorks Committee from Council, the need for additional warm storage
was discussed. Councilman Ambarian stated that the committee will contfnue their
discussfons and review of possible purchase or lease plens and have a recommendation
for Council bq mic~-January.
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PEASONS PRESENT NOT SCHEDULED TO BE HEARD
None
ADJOURNMENT
There being no further business to be brought before Council, the meeting
adjaurned at 8: 45 p. m.
Respectfully submitted .
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3ue C. Peter. City Clerk
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I~Uc. 8 Mnb. Kean.eee Ray w~ci.gh.t
Soz ~059 NRB
Kena,i., A~.aeh.a 99611
D¢e¢mb¢~c 2 J, 1978
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DeaJC S,i~c;
On xhe J O.th o b D¢eem6e~c 0~~.i,ce~i Cond.Ce had ouh, ean ,towed au~ y
xo No2th Road Moxo~ca and .impound¢d. Th.ia waa a+ni.a.tafze., ,lon
we icad ~Qe~.t .the ecu on~y 30 minu.tea p~ii.oh .to lu.a nequea.t xo
~.mpound xhe e.~c. The ean waa cct ~eaa.t 5~eet o5b .the naad and
,to my eu~ide~ie.tartcling os ,th¢ .Zaw, .~5 a ecu .i.4 a.t ~Ceab.t 3 bee,t
o~s ,th¢ aaad .the ounz¢~ haa 3 daye .to nemove .i.t 6eboae .i,t .i.e
~impounded. AEao, D~~.i.c¢~c Cond~ee ~i¢aeonin,q bon .impoundirig xh¢
ean u~aa xha,t .i.t uraa a hazand, 6u.t we luid p~iwven ,i,t ~to be mone
hazwcdou4 .ta .Uiy and -tow .i.t ou.t on .the .i.cy noade. Tl~,i,s p,coo~
being .tha,t we had .t~ii.ed 5on ap~coxamwtQy 2 lwwr,b .to n¢move .the
cah. and dcvci.ng x{ii,a zim¢ an on-com.i.ng .t~cucix .~ob.t cor~oQ and
b.Ctd h¢ad-oa .inzo .the xicuek .tha,t wa.s.~ y.cnq .to .tow e~ out.
A.t ~hi.a .t,ime we deeided .to wwi.t wzti2 .the iiaade; w¢~ce aanded.
BeiK9 fiha~ .the ean ehou~d have nev~c 6e¢n .i,npounded, we wouQd
~k2 .to 6e neimbwcaed bon ,the .tow ehangea toxa.Eing ~o $~1.66.
Ene~oeed ,i.a a copg ob eQCh ,the #ow chahgea and .impound hepo~c.t.
We urou~d ~ike .to h¢aic 6nom you on xhi,a ma.tt~i aa doon ae
pOb6.t.b~.
S~tPiC?hQ.ey,
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M+~~a. rc¢cueee Ray W~,igk,t .
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C~i.ty A~anage~i
C.i.ty ob Kena.i.
8ox• S~0
Kena.i., APa,bha 4961 T
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" CITY OF KENAI
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tk ' 1,' -. O. {OX Sf0 KENAI, AtASKA 99~i1
rele~HONb i83 • i~;'ta
~-~, December 26, 1978
On December 2I., 19?0, Officer Randall Cordle of the
Kenai Police Department reported the following incident to
me, Ernest Schlereth.
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"On the eveninq af December 10, 1978, I was called to
investigate a vehicle reported in a ditch on the Kenai Spur
Highway approximately one quarter mile past Larry's Club.
"The conditions of the road were icy and a heavy snow
had,previously fallen.
"Upon my arrival at the scene of the accident, I observed
a vehicle parked on the wrong side of the road with extensive
damage. Another vehicle was stuck in the snow a little off
the road.
"Because the vehicles represented a hazard te traffic
where they stood, and because there obviously had been an
unreported accident, I ca].led a towing service to remove
the vehicles. , , .
"Since the vehicle that was stuck in the snow (that
belonging to Mr Wri.ght) was, in my estimation close enough
to the road to represent a hazard to the traffic, I requested
that it also be towed away." ,
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ES/pw -. Ernest Schlereth
City Attorney
cc Rick Ross, Police Chief
Jobn Wise, City Manager
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AM~NDMENT TO
LEASE OF AIRPORT LANDS Oft FACILITIES
This AGREEM£NT entered into this , day of ~__,
1978, by and between the CITY OF KryAI, hereinafter called
"City" and Aviation Consultants, Inc., hereinafter called
the "Lessee."
WHEREAS, on October 6, 1977, the City entered into a
lease with the Lessee for Rooms 1, 2, 3, 4, 5 and 6- Terminal
Suilding Kenai Municipal Airport, Kenai, Alasku, and
WHEREAS, the Lessee has requested an amendment to the
Iease in order to chanqe the use of the food service frcr~ a
£ast food service to offering regular food service in the
exietinq food service facility which would now be accessible
only throu9h the cocktail lounge area.
NOW, THEREFORE, the parties hereto agree that the lease
dated October 6, 197~ and recorded at Book 117, Paqe 61'I,
Renai Recording District, between the City and Aviation
~ ~ Cottsultaats, inc., is hereby amended to read as follows:
~ 1. On Page 2 of the Lease -"Purpose for which this
lease is issued," the existing lanquage, "Office space and
operation of a fast-food service and cocktail lounge and
necessary acceasory uses," ahall be amended to read in its
, entirety as £ollowas
"Office space and operation of a food service and
- cocktail lounge and necessary accessory uses."
2. Schedule "8," Page 2, Paragzaph 12 of the lease is
hereby amended to elimfnate the word "fast" from "first-
clasa fast food" in the second sentence, and chanqe the
hours for the food service operation so that the entire
~
~~ \~ paragraph 12, as ameaded will read as followss
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' - •12. Subject to the tfine allowed fos alterations in
paraqraphs 8 and 10, Lessee shall at all times durinq
- the term of thfs lease operate a first-class food and
cocktail sezvice on the demisr_d premises. Unless
~ altered by mutual aqreement, Lessee shall conduct its
\ operation 7 days per week during at 2east the follorrinq
J hours (Thanksqivinq Day and Christmas Day excepted):
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Food Service - 10:00 a m to 9:00 p m
Cocktuil Loun~e - 30:00 a m to 11:00 p m"
.'~. iiiC ~~t'y Aj:~.iv'~ai~ :.C:,~«~S q11iC'l1~TItCItI. La-yueen~ uu
the condition that it secure within a reasonable time any
necessary apE~roval from tl3o Alcoholic Beverage Control
Hoard contemplating the design changes that necessitate
entrance of the food service throuqh the lounge area.
4. Nothing in this amendment or oriqinal lease shall
be constructed to interfere with the City's os its Lessee's
use of vending machin es.
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IN WITNESS WHEREOF, the parties have executed this
Amendment.
LESSEE
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STATE OF ALASI(A ) •
)ss
' THIRD JUDICIAL DISTRICT ) 4
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THIS IS TO CERTZFY that on this day of,_ ,'
1978, before me, the undersigned Notary Public in and for
the State o£ Alaska, personally appeared ,
and known to me to be the persons named
in the orego ng nstrument and acknowledqed to me that :
they executed the same freely and voluntarily, £or the uses .
and purposes therein contained.
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AM~IvDMENT TO LEASE ~
OF AIRPORT LANDS OR FACZLITZBS - 2 '
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IN WTTNESS }lERF.nF, I have hereunt~ act my hand and seal thr
day and year first Itereinai~ove written.
n Notary PuUlic in and for Alaska
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I•iy Co~:u~~:~s:;,t: ::::'• ~ g : ----
CORPORATION ACKNOIJLEDGEMENT
STATE OF ALASIU~ )
) ss
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of _,
1978, before me, the undersiqned Notary Publi'c n and for~the
State of Alaska, personally ap~eared ____
and known to me to be t e persons and
officers whose names are subscribed to the foreqoing Lease,
who beinq duly sworn, did say that they are the President and
Vice President/S~cretary, respectively, of Aviation Consultants,
Ine., a corporation, and acknowledged to me that they executed
said Leaee as their free act and deed in their said capacities,
and the £ree act and deed of said corporation, for the Nur;oses
stated therein.
IN WITNESS HEREOF, I have hereunto set my hand and seal the day
and year first hereinabove written.
Notary Publ c n and for Alaska
My Commission Expiress
CSTY OF KENAI ~
BYs ~
C ty Manager
STATE OF ALASICA ~ '
) es ~
THIRD JUDICIAL DISTRICT )
On this day of , 1978. before me ~
personally appeared John E. W se, C ty Manager, known to be
the person who executed the above Lease, and acknowledged that
he had the suthority to siqn, for the purpose stated therein.
Notary Pub c n an for A aska '
My Commisaion Expiresz .
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AMENDl~fENT TO LBASE - Paqe 3
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.%.,:" ~ CITY ATTORNEY' S REPORT ~r~~~
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~~~ JANFIARY 3, 1979 MEETING ~~~
1. Mr Wright's claim. Mr Wright claims that the City
Police had his vehicle towed away from its disabled location
stuck in the snow off the shoulder of the Kenai Spur Road
near Larxy`s Club.
The Kenai Police Officer indicated that he used his discretion
in avoiding a safety hazard by having the car towed. There
was an unreported accident involved surrounding this incident
and the judgement was made to have all disabled vehicles
that miqht have been involved therein towed away.
Since the officer quite reasonably believEd that a road ~
hazard existed and also quite reasonably believed an unreported
accident had occurred, the tow away was authorized.
I recommend that the Council deny Mr Wright's claim with the
suggestion that he take hi~: case to small claims court if he
does not concur with this action.
2. Tidelands Ordinance. This ordinance, which is up for
its second and final reading, contains the following minor
amendments. Please offer it for its second reading with
these amendments noted:
On page one, Section 2(f), third line, delete the
phrase". .. seaward of a surveyed townsite. .." and
add ". .. included in the conveyance to the City."
On page 24, Article III, Section 1, second line, add
"except as provided in Article II."
On page 26, Section 4(A), fourth and fifth lines,
delete the words ". . . minerals or . . . .
On page 33, Section H, fifth and seventh lines, and
Section R(5), second line, change subsection "B" to
q~ tl
On page 33, Section I, sixth line, change subsection
"C" to "D."
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KENAI UTII.~TY SF.RVICC CORPORATION
A BL~JE FLAM6 COMPANY
eetvco eui~o~Na P.o. sox s~a
KENAI. ALASKA 99A11
/', <007> 283•7832
December I2, 1978
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Y.enai City Council ~`~~
City of Kenaf ~~,
P. O. nox 580 ~ ~
Kenaf, Alaska 996I1 y
Deaz Councilmembers: •
Reference is made to correspondence received ry us from the
City 29aisager dated tdovember 17, 1978, a copy of which is esiclosed
herewith. In declining to accept the claim described, the councf2
Sas placed us in the vncomfortable nositfon of becoming adversary
to the city iri a legal matter. This is by reason of. the city's
ultimate zesponeibility for the actions of it's contractors, in
this case Browa Construction Company, Inc.
Before proceeding further we wish to estab].fsh the fact that the
aqreement on relocation clairis formulated between K.it.S.Co. and
, the city administrators specifically excluded dama~e clai.ms. This
• was done openly and with the full understanding of all part3es in
the meetinq between t•!r, t•1ise, Mr, Schlereth and myself wherein
the relocation clair~s were neqotiated at the request of coc~ncil.
During the meetfnq this c2aim was defined as to amount and location
of occurrence aad it was stipulated that it would not be a part
of the relocation settlement.
Futt~er, the damaqe clafm was submitted to the city to allow
sufficieut time for the xetention of ftuids to'cover the amount
involved and the City of lCenai is on record as having assessed
the responsibilfty for the damage as beixig that of thQ contractoz.
Please note the accompanying docucientation in support thereof.
We hepe that a settlement can be reached in this r~atter prior to
Janvary 3, 1979. Failing this, it is t~se decision of our Board
of Directore to refer the matter to the courts without further
attempts at collection.
Very tru2y yours,
KENAI VPILITY SFRVICE CORPORATZON
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Os ar L. Thomas, vice-PZesident
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Certified - Return Receipt Fec~uested
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17ie following itens are wer $500.00 which need Can~cil approval or ratification 1/3/79 ~
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V6'V'DOR ~ A"I1UNf ~ W:SQtIFfiION PRQTF•CffDQ'f. A/C 4W2(~ ArDUDTf P.O.
F1~It r1PPIipVAL
Ct~evron, U.S.A. 1,500.21 c~s Skap Operati.t~ Snp. 959.92 00997
540.29 00983
iW.~A/ L~VL/.7V lR.ti. ~sUB j1iW}~C Vtl1LWb ~C~Ii.. r~ r..i
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.~terattxm Oil 9,142.67 Nov. Ueage 'IYvst & Agency In TYvaC 9,142.67
Union 011 9,207.01 Nov. Usage TYvat & Agency In 1Yust 9,207.01 '
;
tbore Busineas FoYma 646.68 lltility Bille Finance Office Sup. 646.68 00674 ~
Servicenaster 634.9k Dec. Jan. Sezv. Library Prof. Serv. 375.00 13059 `;
Police " " 259.94 00044 ;
Emery Inlet ina. 1,010.16 Ins~ance Jail I~sance 1,010.16 '
*Toore Nbtar Co. 517.58 Tran~i.esion Parts Shop Rep. & Maint. Sup. 517.58 00857 ~
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FOR RATIFICATION p
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Beaver Janitarial 2,187.50 Dec. Jan. Serv. Termis~al Prof. Secv. 2.187.50 13055 ~
Penirsula F.~terprises 2,200.00 Jan. Rental Anti-Rec.-Streets Renta]. 2~?A0.00 00692 ~
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~;~ REQUISITIONS Zl~ BE APPROVED (OVER $500) 1/3/79
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~ V~iDOR DESCRIPTION DEPARTMI~~iT ACOOUNT AMpUI~TT
Peninsula Clarion Ad-Special Elect. Ciry Clerk Adv. 511.90
~.' 0'Neill Seagraves Portable Moni.tar .
& Acces. Fire Mach. & Fq. 1,602.00
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~! [ ORDINANCE NO. 460-78
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~.: ( AN ORDINANCE OF THE COUr'CIL OF THE CITY OF KENAI INCREASI~TG
~~. ESTIMATED 1tEVENUES AND APPROPRIATInNS IN THE GEN~RAL FUND IN
' THE AMOUNT OF $5~454 FOR PURCHASE OF SPECIAL R.ESCUE ~C~,IUIP!!'IEATT
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s WHEREA3, the City of Kenai has accepted donations from the Kenai Palice
~ Employees' Associaifon in the amount of $4,200 and from the Kenai Elks Lodge
~ . I in the amount of $1.253. 04 ~ and
~ WHEREAS, these donations were r.iade for the express purpose of purehasing
~ a speeia2 rescue equipment item, "JANlS OF LIFE" ~ and
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! WHEREAS ~ it is deemed by the Council that purchase of this special equipment
i is desirable . and
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~ WHERFAS . proper accounting practices require that all appropriations of City
~ monies be made by ordinance .
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~. ~ NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THF ~:ITY OF KENAI
;, that the following increases in estimated revenues and appropriations are
~~ _ herebq made for FY 1978-79.
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~ V I' Miscellaneous donations $5. 454
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Increase Appropriations:
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~, I; r. Fire - Machinery & Equfpment ~5.454
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` 4; :b pASSED BY TAE COUNCIL OF THE CITY QF KENAI this 17th day of January, 1979.
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VINCENT O'AEILLY, MAYOR
FIRST READING: January 3, 1979
SLCOND READING: January 17, 1979
EFFECTIVE DATE: January 17, 1979
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' CITY OF KENAI
• ~ ORDINANCE NO 461-78
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING
THE 1976 KENAI MUNICIPAL AZRPORT REGULATIONS
~
WHEREAS, the Council of the City of Kenai, Alaska, finds
that the followinq additions and deletions to the Airport
Regulations are desirable.
NOW, TIiEREFORE, BE IT ORDAINED by the Council of the City of
Kenai, that:
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The 1976 Iienai Muni al Airport Regulations, as amended,
are further amendedVas follows:
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Section 1: Section 5.010 is hereby amended to read in its
ent rety as follows:
5.010: No ~erson shall park a motor vehicle in an area
designed for moving traffic. Vehicles so parked shall be
subject to impound.
Section 2: Section 5.011, 5.012, 5.013, 5.014 and 5.015
, are added as of now:
._ 5.011: No person shall park a motor vehicle on the
, ramp w~t-fiout written permission of the airport manager.
Vrehiales so parked shall be subject to impound.
5.012: No person~~shall park a motor vehicle on Airport
Drive, Terminal Loop. The only exception to this is in the
areas marked for "Loading only" on the Terminal side, for
private vehicles and areas marked for public transportation
(e q buses and taxis only) on the parking lot side. Parking
for I.oading only shall be permitted between the hours of
6:00 a m and 10:00 p m. Parked vehicles between 10:00 p m
and 6:00 a m shall be subject to impound. Parking for
loading only is defined as an attended, occupied vehicle.
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5.013: Short term parking are . The arking area
encompassed by Willow Street an he Airp t Drive Teriainal
Loop is designated a sho t parkin area. Parking is
permitted in this area 6: a m to I:00 p m. The only
exceptioas to this rule are permitted by the rental car
agencies which may park their rental cars on a 24-hour basis
in those areas identified by appropriate signs. Rental cars
improperly parked, e g not in their assinned agency area,
and all other cars in this lot between ~ftp and
6:00 a m are subject to impound. ~ q,~'/'
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J Ordinance N 4'61--78
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. January 3, 1979 - page 2
,..~ 5.014: Reserved parking areas so identified and marked
by appropriate signs, established through lease or established
through other doc~tment are reserved ar.d not a~-aiZablc fer
general public parking. Vehicles so parked may be subject to
fmpound by the lease or permit holder acting in his own
behalf.
5.015: Impound procedures: Impound authorization may
be issued by the airport manager, his designated agents and
the CIty Police. Impounds shall be accomp7.ished by the ATC-
approved impound agency.
Section 3: Section 5.020 is hereby amended to read in its
ent~ety as follows:
5.020: No person shall park an aircraft in any area
on the a rport other than that prescr~bed by the airport
manager.
Parking of transient helicopters and heavy aircraft, y ~ ~
loading and unloading shall be limited to the area
known as the north ramp. Parking for transient •
light aircraft shall be primarily the south ramp.
Overflow shall use the north ramp (See Appendix
1- Airport sketch map attached hereto). , - ~
Section 4: Section 5.021 is hereby amended to read in its '
~ entirety as follows:
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5.021: Aircraft in violation of Section 5.020 may be _
impound~at the discretion of the airport manager.
Impoundment may be accomplished by affixing a seal to the
door of the aircraft or the moving of the aircraft f~r
impoundment purposes. Inconvenience or damage that may
result from such movement will be at the risk of the owner.
Section 5: Section 5.022 is hereby amended to read in its
ent~rety as follows:
5.022: An impoundment fee of $100 plus towage fee at
cost s al be charged on each aircraft impounded and a
storage fee of $50 per day shall be charged for each day the
aircraft remains impounded.
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Ordinance No 461-78
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(~.~ ~ January 3, 1979 - page 3
%
, Seotion 6: Section 5.023 is hereby amended to read in its
ent rety as follows:
5.0'.'.3: All impounded aircraft which are not redeemed
~ within 9U days after impoundment shall be considered
abandoned and shall be subject.to sale at public auction.
Notice of any auction shall be published. Publication shall
be in a newspaper of general circulation in that area for at
-- least once durinq each of three consecutive weeks not more
than 30 days nor less than seven days before the time of the
auction.
~" PASSED BY THE COUNCIL OF TIiE CITY OF KENAI, ALASKA, this
~17th day of Sanuary 1979.
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VINCENT O'REILLY, MAYOR -
FIRST READING January 3, 1979
SECOND READING January 17, 1979
EFFECTIVE DATE February 17, 1979
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CITY OF KENAI
ORDINANCE NO 462-78
AN QR~iNANrF nF THE C4t_r~tCIL OF THF c~7TY ~jF KRNAT, A1.ASKR
AMENDING TFiE KENAI CODE BY ESTABLISHING A PROCEDURE FOR
CONIIUCTING TELEPHONE POLLS OF THE CITY COIINCIL.
WHEREAS, in the day-to-day operations of the City, pressinq
busfness sometimes arises which requires an immediate
response from the City Council, and
WHEREAS, it would expedite the City's business if the City
Administration could take a telephone poll of the Council on
certain occasions and under certain conuitions in order to
obtain Council's approval for certain administrative
business which may be officially ratified by Council at its
next public meetinq.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENA2 AS FOLLOWS:
(B) Procedure All questions for telephone polls shall be
in writinq and approved by the Manager or his designee for
submittal to the City Clerk. These polls will be approved by
the Finance Director to determine whether the proper
appropriation is made by ordinance. The City Clerk may
designate which City employees shall conduct the poll. No
more than one question shall be conducted per telephone
pole except in cases of extreme emerqency where more than
one question may be presented. Whenever possible, the
'lquestions shall elicit a"yes" or "no" response.
(C Ratification At the next regular Council meeting, the
ty Clerk, during the report shall read into the minutes
the results of the poll indicating the questien posed and
the vote of each Councilmember reached.
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To Chapter 7, Article S of the Kenai Code as amended,
dealing with Purchases and Sales, add the following:
Te3.ephone Polls -. Procedure, Ratificatic,n
Section 7-40.1(Aj Authority: The City Manager may
~~ ~~obtain author xation from Council by telepi~one poll to (1)
chase supplies or materials in excess of $SQO, and (2)
execute a grant applications and accept bids,
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:, :;,,- ' ORDINANCE NO 462-78
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PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 17th
~~ day of January 1979.
VINCENT 0`REILLY, MAYOR
~... .~~ Sue C Peter, C ty C erk
FIRST READING January 3, I979
SECOND READING January 17, 1979
EFFECTIVE DATE February 17, 1979 ~
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CITY OF KENAI
~ ORBINANCE NO 463-7$
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENES AND APPROPRIATIONS IN THE
1978/79 GENERAL FUI~ID SUDGET BY $2,025 FOR THE PURCHASE OF
RADAR EQUIPMENT.
WHEREAS, the State of Alaska, Department of Public Safety
has offered, and the City of Kenai has accepted, a grant of
$3,128, or 75 percent of the purchase price, whichever is
less, for the purchase of radar equipment for the Police
Department,
WHEREAS, the necessary equipment is estimated to cost
$2,700, of which 75 percent, or $2,025 will be funded by the
qrant, and
WHEREAS, proper accounting practices require that all appropriations
of City monies be made by ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the following increases in estimated
revenues and appropriations in the 1978/79 General Fund
Budget be made:
Increase Estimated Revenues:
State Grants - Hiqhway Safety 52,025
Increase Appropriations:
Police - Machinery and Equipment 52,025
~:,~ ;•~::,~~I~ daysof JanuaryC19 9IL OF THE CITY OF KENA2 , ALASKA this 17th
-'.~'~ Sue C Peter, City Clerk
,J Finance ~ ~Y .~'
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VINCENT 0'REILLY, MAYOR
I
FIRST REAAII3G January 3, 1979 ~
SECOND READING January 17, 1979 ~
EFFECTIVE DATE February 17, 1979 •.
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~ CITY OF IiENAI
~ RESOLUTION NO 78-215
~- BE YT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, AI.ASKA THAT
THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978-1979 GENERAL
FUND BUDGET.
From
Contingency ($2,000)
~ TO
City Attorney
" (Communications) 1,000
~. Department of Public
Works Administration
~~" (Communications) 1,000
.• This transfer provides additional funding required for increased
' cost of lonq distance telephone rates.
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~ PASSED BY TFIE COUNCIL OF THE CITY OF KENAI, ALASICA this 3rd day
' ' of January, 1979.
'~ ~~.'~ Sue C Peter, C ty Clerk
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VINCENT O'REILLY, MAYOR
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CITY OF KENAI ~
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RESOLUTION NO 78-216
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~ BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT
THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79 GENERAL ~
FUND BUDGET. ~
From
Fire - Operating Supplies (.$250)
To i
Fire - Small Tools and Minar
, Equipment $250 ,
This transfer provides better equipment for the tool kits in . ~
~` ~ , ~ the fire engines.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 3rd day ~
of January 1979. ' a
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~ VINCENT O REILLY, MAYOR ~ ~ {
ATTESTs ~ _ ;
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. RESOLUTION NO 78-217
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A RESuLUTIvi3 OF THE C4Uir'CIL OF TFI~ CIT~ CP I:E::RI, AI.~'1£I:A
AUTHORIZING AN ADJUSTMENT IN MANNING LEVELS IN THE KENAI
POLICE DEPARTMENT.
WHEREAS, Ordinance 415, the 1978-1979 annual budget establishes
fundinq, numbers of personnel and distribution by grade of
personnel by department, and
WHEREAS, the Chief o~ Police has requested an adjustment of
-,- gzade distribution,
~ NOW, THEREFORE, BE IT RESOLVED BY TFiE COUNCIL OF THE CITY OF :
KENAI, ALASKA that the staffing of the Kenai Police Deparment ~
be adjusted as follows: i
~ ~ ~ From To ~ ~.
ne Chief ~. One Chief~ 4 ~ ~
ne Lieutenant One Lieutenant •
Two Sergeants Three Sergeants ~ •
~ Seven Officer~ ' Six Officers i
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PASSED BY THE COUIdCIL OF THE CITY OF RENAI, ALASICA THIS 3rd -
~ day of January 1979. ~
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VINCENT 0 REILLY, MAYOR ~
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ATTEST '
Sue C Peter, City Clerk
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F'l~I: RiChard Ross, Chief ~f Poli~w
SL~7F.Cr: Authorization for Establishment of a Second
Patrol Sergeant's Posit3.on
~s NovesribFx 16, 1978
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Request that a seoond Patrol Sergeant's position be authorized within
the Kenai Polio~ D~partr~nt, Thi,s wou],d be acc5a~lished throuqh
upgz'ading of a currnntly authorized patrol position. There are
presently sufficient fi~ds in the personn~l ~ices of the Polioe
Depaz't~xtt budget to avco~glish the pr~p~~ ~~sification.
Justificati.ori
l. Zhe Lieutenant's position presently serves as operatiar~s cannander
and with principal respor~sibilities for the cr~minal investigations
funct3.on. In addition, at present, he mtast also fill the field
supezvisozy role of a Patrol Sergeant. This is no longer dee~ned
acoeptable for the follc~wing reasons;
~ ' a. The gart 1 crime rate is presetitly avera9in5 or~e Per day in
K
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. In ad3ition, major vandalisns and other cr~me categories
ti.e. white c~ollar. drugs, etc.) are at a level that requiz,e
mere a~ncerted i~rn~stigativ~ s~e~visiari and follav-up than 3n
the past.
~ ~~ b. Pueserit shift sct~edul3.ng of the Lieutsnant's
ctatsd
bY the neoessity that he must also sen~
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st~ZVisor. This directly a~nflicts with the ~ts of
_ Ooutt and District Attorney's liaison rec~uired on the it~creasing
ntmiber of ma jor critne ca~ f e u
~9s. It is a].so in diz~ect c~onfli
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supezviso m~naate sGheaul3ng, seasor~ally adjutea, bet~en
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A.M.: 7nv~stfgations and inv~stigation supeivi
f~u~tions. to be effectiv~, mandate scI'iedulin
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~~
~••~~..~..r g w
n the
8 A.M. - 10 P.M. sc.t~edulinq t3a~ ~) .
'~..~.. 2• ~he present dual r~le assignment of the Lieutenant's position has
also ~+esulted 3n less fi
han d
i
i ~; es
.
rable patrol shift st~pezyision for the
~~ng ~+easons s
~l
``'- a. Sct~edutin5 neaessary to meet to the investigations, oovrt and
~: ~, ,~
.,.
~ D.A. respcu~sibilities has resulted in lacJc of ad
~,~Ori
equate shift
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-~ , John Wisc
Nov~.~nber 16, 1978
Pag~ two
b. Patrol ~nforcx.m~nr planning and impl~ntation hav~ not br~en
adeguate for lack of time for ad~quat~ incidrnt report analysis
for frcquency anfl distribution. This is a major r~sponsibility
, of the shift supervisor (Patrol Sergeant).
Attached is a structural flow chart that outlines present assignment
--- --- of pe3rsoru'~1. More in depth analysis of presr:nt supervisor utilization
', and job description can be made available upon reauest.
, ~ _,
Ricliar`d A. Ross
_ Chief of Polive
~
., Attachment: IQ~D Structural Flaa Chart
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PRESENT STRUCTURE +
Chief
Administrabor-
~ . II~T~R[VAI, AF"FAIRS
~ 1. Citizen Ccxnplaints
2. Internal Investigation
i 3. Discipline
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SGT. -
Staff
LT. - *2
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-
(Not a function of and
independent of the Kenai
Police Department)
"' .. - ~ ----- __ ... .. . _. . _ . .. -
Jail
desise Tra~rtin C~c~¢tiunicatio * 1 (I,T. ) * 2 5- Jail
- munity Relati n & R,~aords SGT. - , Investigatio Patrol
~r 'prent Division Patrol ; ~
~
, ~J 5 P~rsonnel ~ `
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*1 * 1
3-4 3„~
~ Purchase and Patro]men Patrolmen
' Svpply ~~~
.+ A12 sworn commissioned personnel, reqardless of assignment, because of size of aqency participat~
in policing activity. The specific assigned responsibilities are represented in this flow ahart.
*1 Inv~stigation Section - major felony investigations are responsibility of lieutenant. For these and other investi- :
, qations dayshift vnifozmdd offioers fran patrol force are utilized, when possible, to provide ~stigation followup..
~' *2 Lieut~ant presently serv~s as ov~rall operational aannander and fs directly responsfble for inv~stigation and c~sr~
'. follaa-up. Zn addition he also serves as patrol and field supervisor on shift sctx~lule opposite the one sc~r,q~:ant
`'~ pr~sent2y in patrol. With increase in part 1 crimes and ather investigations over last three years this dual rol~
_ fs no long~r de~n~d acceptuble.
;'.'`._;_ P1~JPOSID STRUCIUftE: F7ould modify above only in that operations Lieutenant wnuld be r~lieved of fie2d superviso
responsibiliti~s of patrol. He s~d supeiyise both patrol ~
;.,,. serqeants, but wnuld be able to nnr~s
;'~.` , ~ffectively supervis~ and oontinue in investigati~ns funetion.
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CITY OF KENAI
RESOLUTION NO 78-218 •
BE IT RESOLVED BY THE COUNCIL OF TIiE CITY OF KENAI, ALASKA
THAT TIiE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1978/79
GENERAL FUND BUDGET:
From
Police - Operating Supplies ($675)
To
Police - Machinery & Equipment $675
This transfer is needed to prr~vide the City's matching share
of 25 percent of $2,700 toward the purchase of radar equipment.
~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 3rd
day of January 1979. • " ~
VINCENT 0'REILLY, MAYOR
ATTEST:
Sue C Peter, C ty Clerk
Finance ~~
~ . .. c. ,I'1 ~'°~-w::~.» . . ...~. __._ .. _,,,:,.~..-
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CITY OF KENAI
RESOLUTION NO 78-219
~
A RESOLUTION OF THE COUNCZL OF THE CITY OF KENAI, ALASKA
ACCEPTING A GRANT OFFER FROM THE STATE OF ALASKA, DEPARMENT
OF PUBI.IC SAFETY FOR $3,128.
WHEREAS, the State of Alaska has offered a grant to the City
of Kenai in the amount of $3,128, or 75 percent of the
purchase price, whichever is less, for the purchase of radar
equipment for the Police Department, and
WfiEREAS, this equipment will be a useful asset to the Police
Deparment.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that this grant offer identified as "Taslt G-1,
Kenai Radar" from the State of Alaska, Deparment of Public
Safety for $3,128, or 75 percent of the purchase price,
whichever is less, be hereby accepted.
PASSED BY THE COUNC~L OF THE CITY OF KENAI, ALASKA this 3rd
day of January 1979.
VINCENT O'REILLY, MAYOR
ATTEST:
Sue C Peter, C ty Clerk
Finance ~'~~ ~
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~ ~~:HILL
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plannc~rs
E'C[)IIOtllltitti
~ SCIE'I1~ISIti
Ancl~ur:~ge Office
310 K Strcet, Suitc b0? Anchuragc, Alaska 99501
'~07/~ 79-(r191 •
oece 15 December 1918
JuL Nu. K12299.A0
City of Kenai Client Ref. No.
P. 0. Box 580 Inroice No. 9602
Kenai, ATaska 9961] ~~
~~,~
Attn: Mr. John Wise, Manager ,.~'v
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~
STATEMENT
~;..`..
For professional services through 24 November I978 in connection
wlth Step 2 Grant App]ication. .
Professional Services: $4,500.00
~ '
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~ ; AMOUNT DUE . . . . . . . . . . . . . . . . . . . . 4 500.00 ~
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~ '~~ ~ND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CMARGES, COMPIJTED BY A"PERIOOIC RATE" OF 196 PER MpN7H, WkiCH IS ~
~'~ -- a~t~d~INUAL PERCENTAt3E RATE OF 1296 (APPI,IED TO TNE PRBVIOUS MONTH'S BAIANCE AFTER DEOUCTING PAYMENTS AND CREDITS
~ ^~" ` =0R THE CURRENT MONTHI, WILL BE CHAiiGEO ON ALL PAST•OUE AMOUNTS UNLESS OTHEqWtSB PROVIDED BY LAW OR BY CONTRACL (
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'.` ~~dlltlt~fti 907/279•(r~91
' Hconorrntits •
scic~ntists
. .I Date 15 December 1918
I '
~ Job No. K11865.A5
, . ~ Ctty af :~nai c~~~~t ~~f. r1:..
' P. 0. BOX 580 invoice No. g603
~ Kenai, Alaska 996I1
Attn: Mr. John tJise ~
City Manager
STATEMENT
For engfneering services through 24 November 1978 in connection w~th
the Afrport Resurfacing Preliminary Design.
Professional Services: $4,000.00
AMOUNT DUE . . . . . . . . . . . . . . . . . . . . . . . . . . 4 000.00
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~I ~U D PAYABLE ON RBCEIPT OF STATEMENT. fiNANCE CHARGES, COMPUTED BY A"PERIODIC RATE" OF 196 PER MONTH, WHICH IS
,r'_s ` 4M11~,~UAL PEACENTA(iE RATE OF 7296 (APPLIED TO THE PREVIOUS MONTH'S SAi.ANC£ AF7ER DEDUCTiNG PAYMENTS ANO CREDiTS
.~ ~
__~_ =ORTHE CURRENT MONTHI, WIIL BE CHARG6D ON ALL PAST•DUE AMOUNTS UNLESS OTHERWISE PROV~DE~ BY LAW OR BV CONTRACT.
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:
i~ i • P. O. !OX 580 KENAI, AIASKA 99611
'+~._ .~ , ', '' TELEPFiONE 2B3 • 7535
' 1 - - _ - - ~ `.
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December 27, 1978 ~
1.
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MEMO '
~
,
~ T0: John {Vise, City Manager
FROM: Keith Kornelis, Director of Public Works
'-'~ SUBJECT: jVhat's Happening Report for City Council Meeting
' ~ January 3, 1979. •
~
1977 STREET IMPROVEMENTS
The facts and issues concerning Brown Construction's work on these
~ 1977 Street Improvements have been brought to the attention of the
Ad Hoc Committee for Public Works.
ADDITION TO SHOP AND ANIMAL SHELTER
Bill Nelson is presently working on the drawings £or the Airport
Shop Addition and the addition for the Animal She:.~er. The bid
' date for the Arctic Doors at the Airport has been set for March 8,
1979. The Public Works Department feels that the additions to
;'~~
~' these buildings should go out to bid~at the end of March or the
.
••~. first of April with the work to be.done in the early part of this
~ .,; upcoming construction season.
~: MISCELLANEOUS ITEMS
..
'`'
:°
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Since my last report, 1 have reviewed and written a short memo
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concerning the thoughts that the Public ~4orks Department has
, on DOT's t4illow Street Praject.
F~ '
~ I have received word from City Elpctric that some of the materials
,~ that they have ordered for work on the underground ~Vell House have
,>' ~ arrived and Lhat they will be working on it shortly.
~:<,;,~
: ,
I
The Public tVorks Department is draining what has been used as
_ ~ a£loat plane basin as per your instructions. t9e have been
' ~ monitoring this fairly closely, and it looks as though everything
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. is running smoothly.
,;
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I made a couple signs as per your instructions and placed them
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t
up for Daddy's Money Reserved Parking on the south side o
` ~~
~
, Airport Terminal.
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. biemo to John tVise
" Page 2
llecember 27, 1978
Brian Kanaiy of YACC lookeci at some of t}ie public facilities here
in Kenai with me today. He is proposine to iise somP nf tt,~
YACC crews for hand shoveling at these public facilities.
CITY CREiVS
Street Crews have been busy plowing snow on the streets and
the Airport. They are presently caught up enough to start
winging back the berms on the streets in an effort to make room
for more snocv. We are presently making some tow ropes for
use with our eauipment. The gate to the Airport near the
C.A.P. hangar was damaged by some unknown party that removed the
gates.
The Shop Crew made a drive line for the Street pickup, replaced
~the "U" jo:ints on the Animal Control picki~p, worked on the pivot
pins for the wing on the Graders, checked the new Michigan Loader
over upon delivery, replaced the water pump on the sander/truck,
and assisted the Cat mechanic with the warantee work on the
hydraulics on our 14G Grader plus continuing ~vith the regular
maintenance of our City owned equipment.
' The 14ater and Sewer Crew worked in the Well Houses, worked with
the Street Crew plowing snow, worked on some Water and Sewer
eQuipment, continued sanding and scraping of the old tank in the
- new Well House, started emptying the f2oat plane basin, and
continued with checking and maintenance and operations of the
Well Houses and Lift Stations.
KK/jet
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~ KENAI PENINSULA BOROUGIi ~
~ ,
AGENDA FOR THE REGULAR ASSEMBI.Y bfl:~1'ING ,
_,._ ~ JANUARY 2, 1979; 7:30 P.M.
BOROUGH ADAlINISTftATION BUILDING •
~ ' P. n. RnY R5n ~
SOLDOTNA, ALASKA 99669 4
~~ - A G E N D A- 4
~
~.J
Assombly Vote
A. CALL TO ORDER AND ROLL CALL Davis 9 1
Aimmick 9 ~'
i~
B. PLEDGE OF ALLEGIANCfi ANA/OR OPBNING CEREMONY Douglas 9 ' ~•
. Elson 10.67 •
C. SEATING OF NEi4 ASSEDiBLYD1BMBERS Fischer 9
Hille 10.66 .
A. AGENDA APPROVAL Long' 9 •
Martin 9 •
B. MINUTES: December 19, 1978 Moses 11 :
1~ScCloud 7. S
P. ORDINANCE HEARINGS Ambarian 10.67
Arness 9 ~
(a) ~rd. 78-67 "An Ordinance Proyiding for Campbell 7.5 ,
t e ezon ng of Lots 1 Throug}i 6, Block Cooper 10 , ;
~ 1, Bush Lanes Subdivision, City of Kenai, Corr 9 ;
From Suburban Residential to Goneral Crawford 4 ~
Commercial" ...~~ W / ~/--~~ ~
~~-,~-~-~-- ~--r-- ,
(b) Ord. 78-68 " ending the Procedures ' ~
or t e Sale of Tax Faroclosed Lands"
G. INTRODUCTION OF ORDINANCES i ~
f
(a) Ord. 79-1 "Itezoning a Parcel Within Section ~` ;
3; `f~~f;~t1IS9, S.bi. Located East of Forest ~ ;
, Drive and tiVest of the Kenai Spur Highivay f, I
in the City of Kenai from a Conservati.on I '
Aistrict to an Urban Residential District" ' ~
H. PUBLIC PRESENTATIONS (with prior notice) •~ ~
(a) George Day and Dr. John Wilsey, j I
Kenai Peninsula Community College ~ } ~
[ ,
(b) Truman Knutsen, Ord. 78-52 ~ '
t
I. COI~fITTEB REPORTS I i
(a) School Board (Arness) , j•~
(b) Cook Inlet Air (Davis/Long) ;
(c) OEDP (Fischer/Moses) , I
(d) Finance (Hille/Cooper/Crawfard/McCioud/Corr/Douglas) ~ ,
(e) Solid SVaste (Fischer/Afartin/Cooper) ~
(f) Roads and Trails (Long/Martin/Corr) ~ . ~
(g) Ports and Harbors (Arness/Campbell/Ambarian) 1 `
(h) Local Affairs (Campbell/Ambarian/Dimmick/Arness/Cooper) ~ O ` i
(i) I.egislative Overview (to be appointed) J i
J. MAYOR'S 1~PORT ~ ~ ~V t
/ 1 ,
(a) tdemo 79-40 Ridgeway Fire Service Area Petitio~~ ~0 ` / ~
`~.
K. SCHOOL CONSTRUCTION REPORT ~ °J~ I ~
~ ~ +;
(b) Memo 79-41 Seward High School Theater Lighting ~ 1/ ~ I
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AGENDA FOR JANUARY 2, 1978 Page 2
. L. OTHER BUSINESS
(a) Ord. 78-52 "To Provide for the Disposal of
oroug ands Obtain~d ~rom the State of /
Alaska Under the Munici al Land Solection Laws" l li)
/ and Minority Report with recommended minor ~~~
~ amendment from Lhe Local Affairs Committee. ~~ `~1) ~
n~(b) Res. 79-1 "Importuning the 11Lh Alssska State ~~j~
~(J ~ egL-"3siature to Appoint a Spocial Legislative , ~
. Committee to Implement tlie Classification of ~~,,•
~ ~ Lands Undor the Alaska Native Claims Settle- ~~,
~ ~ ment Act. Section 17 D-2, and to Persuade the J ~
United States Congress to Rescind .the Executive
~,/ Order of the President Invoking the Anti.quities /~ ~
l/ Act of 1908" , ~
V
' M. AtAYOR AND ASSEDiBLY: CODII~iENTS AND DISCUSSION ~
N., PU$LIC PRESENTATIONS , , .
0. INFORUTATIONAL MATERIALS AND REPORTS
(a) No. Peninsula Recreation Dfinutes 12-18 $ 11-28
(b) Response to Res. 78-127 (Antiquities Act) ~
(c) Consumer ~rice Index
(d) OEDP Minutes 12-14-78
(e) Liquor LicBnse Renewal for Bishop Creek Bar $ Store,
, Crown Point Trading Post, Gwin's Lodge, Jockey Ciub
New Hotel-Motei Dispensary License for Port Inn
•. jf) Dept: df Natural Resources Ietter notifying of ~
local hearings on land use planning
P. NEXT MEBTING: January 16, 1979; 7:30 p.m.
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~, CITY MANAGER R~PORT ~
~ . ~
~ January 3, 1979 ,
~ PUBLIC HEARINGS ~ ~
B-1 Public hearing on Ordinance 455-78, Tidelands Ordinanca,
which was prepared by the City Attorney to meet the State ~
requirements. By this Jrdinance we are accepting the . ~
tidelands formally and providing for resolution of preference ,
rights. I do not believe there is any difficulty with the
preference rights portion of the ordinance nor with the
actual lease of tidelands for general use. The only
consideration that I question at all is concerning the
~ fees and permits for the set-net fishing rights. This i
" can have a major impact on those holding set-nets at this
time. We need to be extremely careful as to what we do
in establishing a precedent which could cause us trouble
in the future. ~
J
B-2 Ordinance 456 identifies foreclosed lands for public use
and or declar ng such lands surplus. We will ask for resetting -- ~
this Ordinance for a public hearing on January 20, 1979 ,
to satisfy the requirement that we notify the owner of record i
~ of ~the foreclosed lands by certified mail. This is necessary ' ~
since their recovery of the lands will be barred when the ~ 1
. Ordinance is effective. Reqrettably during the past Christmas . .,
season the letters were not mailed. , i
~
8-3 Ordinance 458 amends the ersonnel re ulations. As I stated ~ ~
~ on ntroduction, this changes the recreati.on d rector position ; •~
from a grade 8 to a grade 16. This conforms to the recommendation '
of the Recreation Commfssion. I have not yet outl.ined a
job description; however, I will have it for consideration '
of both the Council and the Recreation Commission for their 1
consideration. I think it needs to be viewed definitively ' i
- by the Recreation Cominission before finaliaation. I
; B-4 Ordinance 459 increases the estimated revenues and a ro riations ~
~.~~i n t e amount of 2 344 for funding for Officer Cord2e for
t e Drug Enforcement schooling. We have approved this and
~~;j Officer Cordle is currently en route to the school.
1.: ~ I
1:; . _' ~ ~ CORRESPONDENCE ~
t. ~
:~~° E-1 We have a claim from Mr and Mrs Kearlee Wri~ht for the
; im oundment costs incurred when their vehicle was impounded '
,~f~ at the d rection of a City Police Officer. On my review, I
'~-~ ':~ : and in the light of a statement by the Officer and the
~:'I Chief of Police, I find that the discre~ionary action taken ~
- by the Officer was at the time appropriate and valid. If
,~~_i:! there is a claim, the Council should not respond but it should be ~
,~ referred to an appropriate small claims court for determination.
•-`;~~i~ If we start, administratively or by Council action, questioning '
,; dfscretionary decisions the police offices who are on the '
~~ -~ scene and presumed to be exercising judgement, then we will +
` I open the door for the Council to be involved in ~very action• '
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° . CITY MANAGER'S REPORT
. ~~
~~ • January 3, 1978 -- paqe 2
- . -~
I OI:D BUSI*iESS
F-1 Aviation Consultants lease of Terminal space. The City
Attorney has forwarded a proposed lease amendment to
ACI. This was discussed at a special City Council meeting
~ ~ last week. Presumably we will have this returned and signed
by ACI for Council formal consideration.
~ F-2 KUSCO damage claim will also be discussed by the City Attorney.
F-3 Raven Transit's lease of airport lands. I have to return
a cal ~rom Doug Haynes th s afternoon, December 28. Hopefully
we will have the signed lease before the Council. The amount
~ is not the question, we actually have their check for this
year's lease rate. I do not know what the problem is; we
~ simply have not received the lease in formal shape.
NEW BUSINESS
~ G-1 Bills to be paid, ratified and requisitions will be in your
& p.cket or presented the night of the meeting.
G-2
.
G-3 Ordinance 460 provides for receipt and appropriation of the
,~ onation of the committee for Jaws for Life.
G-4 Ordinance 46I amendment to airport regulations to clear
up t e air ort arkin roblems. We have tried to outline
two par inq s tuations. The first is motor vehicle parking
on the I,oop, the center parking lot and so forth and'the
second is to clarffy our ability to 3mpound and exercise
appropriate police powers. in do3.ng so we needed also to
revise and rewrite this entire section of the code. Hape£ully
_,;~ the parking problems will now be resolved.
;
-..;;~ G-5 Ordinance 462 was prepared at Council's request. It establishes
;.., procedures for conductin tele hone olls. I believe this
will meet the Counc 1 s desires. •
~~.,.~
,~~ ~ G-6 Ordinance 463 provides for accepting revenues and appropriations
.. ~ _, .
`~~ for the urchase of radar e ui ment and is related to Resolution
. 218 and 2 9 wh ch will appear later in the agenda.
,~.
t. G-7 Resolution 215 transfers funds to cover the increased telephone
J<<.~~ rates for long distance.
~. ~; G-8 Resolution 216 transfers funds within the fire department for
-_~~'_,~ t e purchase of tool kits to perform local o~erator maintenance.
~~,~~[~'f -. G-9 Resolution 217 is in esseace a budget amendment for an adjustment
-- -= i J n the staffing level within the police department. The
~'_' i Resolution is clean in that it establishes the current staffing
levels and indicates the staffing desired and the Chief's feelings
~~ ~ in the matter. The Chief wishes to delete'one patrol officer and
add one sergeant. We have the funds to cover this change. ~
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CxTY MANAG~R'S REPORT
January 3, 1978 - page 3
~ NEW BUSINESS continued
G-9 continued. There is no question in my mind that we need
, this administrative sergeant with the additional activity
of the Police Department. This would be for communications,
police reports, paperwork and to work with the Chief in
monitoring the jail facilities as well as two sergeants
operating as shift sergeants and upgrading a lieutEnant to
control the various City patrol shifts. To leave the
department with only one shift sergeant places an extreme
burden on the police lieutenant which I also feel is
nndesirable. I heartily concur fn Chief Ross' request.
G-10 Resolution 218 transfers the City's matching snare for the
purchase radar equi mp ent and is as stated.
G-11 Resolution 219 acce ts the State's rant for $3,128 from
the r Department of Publ c Safety for the purchase of the
radar qun. You will note that, going back to Ordinance 462,
we are only going to appropri.ate part of that money since we
know the price of the radar guns will be less than the
figure as 75 percent State share.
G-12 Pa ment to CH2M Iiill for the airport and a separate invoice
or the Step One Plan.
OTHER ITEMS
1 Union Oil is now prepared to move into their drill site and
we a~rwarding their Special Use Permit to them. Presumably
you will see activity in that area later this month.
2 Borouah PlanninQ Department is updatinct a Citv map and we are
reviewing their work to date and we will be working with them
to name streets with at least thefr common names as is
the current City practice. This will finally be a map which
shows the realignment of the Spur in downtown Kenai and the
bridge access road.
3 R W Thorpe and Associates has forwarded to the Borough a
vroposed cvntract for the development of the comnrehensive
plan. I have a copy in my office and we are reviewing it.
Anvone who is interested is invited to review this contract.
4 4le have completed the audit of the well ro'ect and it
appears we are in good s ape on this project.
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' iCL~NAt CITY ~OI'KCIf. - RFGi1T.AR ~1EETiNQ
DF•.CFM1II;F.R /~ . ~') ]~ - ?: 00 P .!1t . `
f~£NAI FUUGIC SAFETY B[~ILAI:v'G ~
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PLEDGE OF ALL£C,IA.`CE . ~ ~~~,,,,,,
A. ROI.L CALL ~
AtiENDA APPROVAL ~"
B. lfEARl1GS
1. Ordinnnce 447-i8. Aeclarin~ certain buildin~s t~ rclnted equipment ~ materials surplus
2. Ordinsnce 450-78. Provi~inr fc~r y}~ecinl Flection relnti~ e to Chnrter amendments
3. Ordinnnce 451-i8, tncreasin{~ estimnted revenues/approprtations in the amaunt o[ <20,000
4. Ordiaanee 452-~5, IncreasinP estimnted revenues/appropriations ia the ar~ount ot t50.000,
5. Renewals of retail 6 bevera~o dispensary liquor licenses - Foodtowa L Lerry's Club
C. BfiRSON3 PRESENT 3CfiEDULF.D TO BE HF.ARD
1. Repreaentatives from Trust Depe*tment of Ketional Bank ot Alaska relatfve to ~\
discussiona of advahtaP.es of xale of City owned lende ,
2. Richard !1lorqon, Reereation Commisston
D~ ,~,~~cil~vomnsi Glick - aUeged problems Rt sr. eitizen residttntial complex
1. biiriutes of the regular meeting of November 15, I978
. I
E. COA1tB$FONIDEVCE
;
F. OLD BUSINE33
1. Payment to bicLane ~ Aseociates
I ~. Lease of Airport Lands - Raven Transit
r • G. NE~Y BUS .NE3S `
1. Bi118 to be paid - bills to be ratified '
4. Aequieitions exceeding 5500
3. Ordinsnce 453-78, estab2ishing Cnpital ProJect Fund "Water t R~rrer Liaes" ;
~. Orditeance 454-78. increasing estimeted reveauen/eppropriations by S3t5.325 in 1
. the Capital Projeet Fund "Facilities Design" j
5. Resolution 78-194. suppoMing the K¢nai Peninsula ~•ommunity Coltege ;
6. Aeaolution 78-195. transfer of funds for t~'eate V'etar Traiaing Course '
?. Aesolution 78-198, authorizin~ signing oi contract for design a upgrade of
Sewer Treatment Pinnt ~
~. 8. Resolntion 78-197, transfer of funds within LPN' Projects .
9. AesoluHon 78-198. transter of funds for repair of street lights '
10. Aesolutioit 78-199, accepting the eudited finanoial report of the City PY eading June 30. 1£:
ll. Resolution ?8-200, transfer of fwids for overtime - Finance Department •
12. Aesolution 78-201. grant of ingress ared eqress ot the VOA-titoose Range Road
18. AeaoluHon ?8-202, aacepting Deed of Heleaee from FAA on Tract D-8 ,
14. Recolution 78-203, rezoning of tract in ValhaIla Helghts Subdfvision. Pert I
~. 15. ItesoIution ?8-204. supporting applicatioa of Sishop Bros. to operate an air
taxi ~ervice in the Kenai area
i; 16. Renewal of City of Kenai umbrella coverage i
~ y 17. Periodic Pay Estimate N5 and ~1 - Brown Constructiott
;~ R . 18. Paqment to Coopers 4 Lqbrar-d - Atutual Audit •
~~ 19. Fnyment to Mike Tauriainen. consultiag engineeer
40. Faqment to McLane b Associetes
~ 41. Fayment to Project ilanagers Ataska. Ine.
Z4. Payment to R~.~I Consultnnts. tnc. - qualitq coatrol testiag
• ~S. Psymettta to Ted Forsi a Associates
~4. Discusai~ri - Airport Ski Strip
H. REPOItTS
I. City biaaager
4. C~ty Attoraey
8. Maqor
4. City Clerk
S. Firtance Director
8. Plennittg a ZoninR Commisaion
Z. Kenaf Peninsuia Borou~h Assembly
QUESTIONS a COSi:-tENT3 -1!+AYAA a COUNCIL
I. PEASONS PRSSENT NOT SC1I~DULED T0 BE t[EAAD
ADJOUAISN[~NT
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CITY OF KE*I?1I
CONSENT TO ASSIGNMENT FOR COLLATORAL PURPOSES
The Assignment of Lease for Collatoral purposes from Thomas M.
Ackerly and Patrick M. O'Connell, to National Bank of Alaska dated
, covering the following described leasehold in-
terest:
The leasehold estate in Tract B, Kenai Spur-Airport
LeaseProperty, according to Plat 78-111, located in
the Kenai Recording District, Third Judicial District,
State of Alaska, created by lease dated July 5, 1978,
executed by the City of Kenai, lessor, to THOMAS M.
ACKERLY and PATRICK M. O'CONNELL, lessees, recorded
July 2~th, 1978 in Book 128 at Page 929,
is hereby ACKNOWLEDGED AND APPROVED, subject to the ~ame term~
and conditions as contained in the original lease above mentioned
and described.
' This consent is given by the City of Kenai without waiving
any right or action, or releasing the Assignors from any liability
or responsibility under the lease.
CITY OF KENAI
~~ -C; i~~ G .'.` ~,_
CITY MANAGER
STATE OF ALASKA )
)
THIRD JUDICIAL DISTRICT ~ 8$
On this 28th day of December, 1978, before me persona].ly
appeared John E. Wise, City Manager of the City of Kenai, known to
me to be the person who executed the above instrument, and ac-
knowledged that he had the authority to sign, for tne purposes
stated ~herein.
' , ~ ( - ~ ~~'~~
:..
Notary Public in and for Alaska
My commission expires: •-
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COUNCIL REQUESTa k'OR ACTION
COL'I~IL MEETING HELD_ nEC .MB .R 2,Q.~ 1 A7fl ,, ~
ITE~S • ACTION REQUESTED ~Ek~ARTMENT ~ STATUS . '
NU~IBER '~ RESPONSIBI,E .
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1 Prepare report in response to management letter. Finance Will try to have for '
. Director Council meetinq of 1/3/79 ~~
2 Meeting with Kusco relative to damage claims City Meeting done - report for i
~ Attorney Council I/3/79 in Attorney's , ~
, Report ;
3 Submit sketch to FAA concerning grass/ski Administra Done 12/27/78
strip landing site tion . ;
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4 VOR-Moose Range Road - Advise Marathon Ci~y will Same Done 12/27/78
not provide winter maintenance . .~
5 Survey and appraisal of City-owned land - Spur Same Pending resolution of ~
Ryan's Creek and Airport Way Airport Wary right of way ~
6 Letter to National Guard indicating specific time Same Done 12/28/78
r~quirement '~ . . . ~
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MEND T0: Jahn E. Wise, City Manager
FRpNi; Charles A. Brown, Finance Director
~his mea~ is in response to the "Repart on Accrnmtir~g and Operating
Controls and Procedures," camnnly lazown as the mana&e2nent lettex, dated
December, I978. My respanses, item-by-item as they appear in the manage-
ment lettex, fallows
REVF3J~
I. Underbilling far water and sewer se~rvi.ces.
~ At times, th~e City has not billed for water service during the
const~ruction period due to poor coarnm3.cation between the
Water D~t and the Finance Deparrin~t. The Public Warks
I Directar and I have worked out a method via propex cam~ttmication
and docune~xitatian that should enable us to bi11 water d~ing
this canstructian period. Billing far sewer wauld not be app-
ropriate during this period, ho~wever. But once water billir-gs
are established, sewer billis~gs will caamence when the house
' is sold.
II. Repair of faulty wdter meters.
1~ue Public Works Department is taki ~ action to repair o~r
replace faulty meters.
fl~'FNSE
I. Aispo~rt tercriinal insurazice.
It is not practicai fo~r the tern~inal to have a separate
it~surancepo licy. Hawever, I have contacted vur insurance
agent and he has pravided me with a breakdawn of ins~ance
costs that related solely to the terminal. Costs wi.ll be
ct~arged based upon this info~rmatian. Interestingly, the
actual costs are sim~.lar to our budgeted estimates.
IlJi'EI~L ~L '
I. Non-finance department check signers.
This ca~t relates to the City Manager or City Clerk rnot
matcin,g a review of purchase orders, receiving repvrts, invoices,
etc, wY~n dual si~ning checks. FYankly. I do not agree with
this ~. It has never been my intention to have the second
signer perfa~m a deCail review of checlc docimier-tation. Zhis
ftu~ction is perfaz~med by the Finance Department. I see the
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Decc~nber 27, I978
~ Nt revic~a m3~iP by the nen-fir.~ncc gcr;orr.~Z as tr,at of a i,est to
see that contract payments were approved by caancil~ unusual
items are questioned, the integrity of the Finance Departinent
" is intact, and other such general review £~nctions.
II. Detezimining receipt of goods.
New purchase order forn~s now in use have a receiving report
(the blue copy) that is signed by the receiving depart~nent and
returned to the Finance Department. This procedure has wvrked
we11.
. III. Ordinances statirg budget year.
All ordinances have effective dates typed on th~n. Additionally,
the Finarice Depart~nent for the past several moriths has indicated
on appropriating ardinances the budget year to be affected.
This sh~uld correct this problen.
IV. Forn~alization of City operating proced~es.
~le ln~rchasin8 procechffes have now been formalized with new
P. 0.'s and a manUal, we have yet to write proced~es for
payroll and cash disbaarsements. Same of these procedures are
, ~ dictated by Cocmcil requirements and ca~uter entry requirement.
~ We intend to write procedures in the fut~e, We also now have
~- a complete chart of accrnmts.
V. Caaicil proced~es.
This coament deals with Coiazcil titne spent on appraving
purchase orders and payments. I recommend the Council review
° those comnents made by the auditors. T would welcane a meeting/
work session with the Co~cil ar Finance Ca~mittee to discuss
. this matteac.
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~ Sincerelq,
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~ ~ FYs~ance DirectAr
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