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Home My WebLink About1979-07-05 Council PacketCOUNCIL PACKETS Iff'lq JULY Kenai City Council Meeting Packet July 5, 1979 AGENDA KENAI CITY COUNCIL - REGULAR MEETII~G JULY 5, 1979 - 7:00 I'.M. KENAI PUI{LIC .qAFETY {IUII,DING PLEDGE OF ALLEGIANCE A. ROLL CALl. AGENDA APPROVAL liEARINGS I. O,.dinanee 500-79, ameuding Ordinance 200-76, Airport Re~ulations 2. Ordinance 505-79, establishing procedures for receiving applications for financing by the issuance of municipal industrial development bonds 3. Ordinanca 506-79, increasing estimated revenues/appropriations by $4,675 in the capital project "Facilities Design" 4. Ordinance $07-79, creating n capital project "Willow .qtreet Luminaries" and in. creasing estimated revenues and appropriations in such fund by 3?5,000 5. Ordinance 508-79, amending Ord. 122 regulating oil and gas well drilling 6. Ordinance 509-79, providinF, for a new Animal Control Ordinance ?. Ordinance 510-79, creating a capital project "City Administration Building" and increasing estimated revenues/appropriations in such fund by S$0,000 8. Ordinance 511-79, increasing estimated revenues/appropriations in "Redoubt Way Paving" C. PERSONS PRESENT SCIIEDI/LED TO HE HEARD D. MINUTES I. Minutes of the regular meeting of June 20, 1979 E, CORRESPONDENCE Fo OLD BUSINESS I. Resolution 79-65 -- still pending 2. Discussion Float Plane Basin 3. L~aso rata ronegottation as submilied by Jack Thompson G. NEW BUSINESS 1. Rills to be paid - bills to be ratified 2. Requisitions exceeding $500 3. Ordinance 512-79, creating a capital project fund SEa.st Konsi Park Trails" and increasing estimated revenues/aporopriatlons in such fund by $27,096 4. Ordinance 513-79, amending the Personnel Regulations by adding a step "CC" 5. Ordinance 514-79, establishing a capital project entitled ",qewer Treatment Plant Constuuotion"& increasing revenues/appronriations by $2,500 & declaring an emergency 6. Ordinance 515-79, in, teasing esIimated revenues/approoriations by $25.442 in recognition of the Kenai-Soldotna Communications Contract and declaring an emergency 7. Ordinance 516-79, establishing a special revenue fund "Kenai Senior Citizens Project" 8. Resolution ?9-98, esiablishing the authorized signatures for deposit or withdrawal of funds from depositories of municipal funds 9. Resolution ?9-99, transfer of funds to purchase paper products fop the Terminal 10. Special Use Permit - Glacier State Telephone 11. Addendum to contract between City and Ted Forat & Associates 12. Addendum to contract between City and CiI2M Bill 13. Payment to ClI2M iiill 14. Payment to Ted Forst & Associate~' 15. Periodic Estimate No. 2 - Noreon. Inc. Il{. Periodic Estimate No. 2 ~ Wildwood Cons~r. etion, Inc./Alaslla Constructors, lac./J .V. Il'. Subsurface Oil and Gas Lease - Union Oil Co.,pnny 18. Assignment of Lease - Daddy's Money and Bread & Butter H. REPORTS 1. City .Mnnaffer 2. City Attorney 3. ,',layer 4. City Clerk 5. Finance Director 6. Planning & Zoning commission ?. Kenai Peninsula Borough Assembly 8. Public Works Committee from Council 9. Advisory ll~rbor Comnis~ion I. I'ERSO::,q PIti:SE:iT NOT FC!!EI)I'L{i.'] ~ / I -'' ' I '-[ ' Mr. Charles Brown Acting City Manager City of Kenai Box 580 Ken. si, Alaska 99611 Dear Mr. Brown Kenai Airport Improvements Services During Construction According to previous discussions where we identified the .need to adjust the budgets for engineering and resident inspection services, we have reviewed actual costs and expenditures. It wi1! be necessary to increase this budget as follows~ · Design Prepare additional plans & specs for slurry seal funded by FAA after design was complete ~ervices Durin~ Construction Costs as of 6/20/79 Projected costs to 7/20/79 Admin., quantities reconcilation, fLnal inspection, record drawings, a~d misc. job close-out Original budget ~....Amount Of budget increase 5,431 $51,220 14,000 . 2f500 ~67,220 ~% ' 30,122 ~ $37,598. $43,029 The primary reason fort he added costs are changes in work scope and additional work required during the resident inspection effort. All of these costs are eligible for F~%/State grant participat~on. 310 K SUeet, Am:homage. Alad~a g9501 gO2/27g-6491 Mr. Charles Borwn 20 June 1979 Kl1865.A3 Page 2 Our costs to date have exceeded the prior estimated total so it is vital that this amendment to our contract be executed as soon as~ossible. Charles E. Torkko Regional Manager Approved for CITY OF KENAI= ~ame Dat~e CH2M "HILL engineers planners. economists scientists CiLT of r, enai P. O. 58O 9962.1. AL-tm lit. ~arles ~ Anchorage Office 310 K Street, Suite 602 Anchorage. Alaska 99501 9071279.6491 Dm 25 ~tme1979 Job No. KL1.865.A3 Client Rd. No. Invo~eN~ 9835 STAteMENT' V. O. Sterling 859.50/ 2 R. J. Reiland 58. O0 / 4 J. D. 1~ 51.00-" 162 r,.D.I. eman 51.00,/ 2 L. P. Ah~ 44.50'" 202 ,7.D. Ctwl:is 35.00-' 18 D. ~4. Williams 26.00 ,/ 1 Word Process~ 8 29.70 a:~Lurent a~rca2 200.00 Repro/~k=oft/m 11.79 A:Lr ~anslx~:a',./on 71.00 Auto l.',Ll.e~e 213.18 Pot professional services t~ 24 May 1979 in oonn~ with l~als/Lodg~ng 174.71 ~e~ 1.~o.z4 Postage/Pmight: 226.72 supplies 932.10 Other 0uts~a~ ~ ~~ 64.27 ~minn 1/9.00 / 232.00/ 8,262.00/ 102.00 ~ 8,989.00/ 630.00 / 26.00J 818,360.00w ~ 2t050.43/ ~ I~B ........ · · 820 410 / .D '.'~,: .~:, hL**.-' ;.: ;.,:/ ..... ' ''~ ~E ~D PAYABLE ON RECEI~ OF ~ATEMENT. FINANCE CHARGe, COMPED BY A ~ERIODIC RATE" OF 1% PER MONTH, WHICH IS ~ ~NUAL PER~NTAGE RATE OF 1~ (~PLIED TO ~E PREVIOUS MONTH~ BA~NCE A~ER DEDUCTING PAYMEN~ AND CREDITS FOR~ THE ~RRE~ MONTH), ~LL BE CHARGED ON ALL P~-DUE AMOUNTS UNL~ OTHERWISE PROVIDED BY ~W OR BY CON~A~. -i i Ted Forsi and Associates, Inc. 124 East Seventh Avenue * Anchorage, Alaska 99501 · (907) 274-9517 P.O. Box 2470 · Soidotna, Alaska 99869 · (907) 262.55~1 1~. John 1gise, City l~mager City sE Kenai P.O. Box 580 Kanai, Alaska 996L~ l~ay 29, 1979 Subject: CEIP Eng~neerLug Grant (North Kenai Spur and Respectfully submitted here~th is a ~eques~ for pa~ents Esr ~8~r~g se~ices c~p~eted Esr the able noted projects. sea,ce8 ~cleded ~vest~ga~on and ~lys~s o[ ~ist~8 so~ ~ong the subject projects ~ o~der to pro,de proper so~s data desi~ pu~oses. Throush verbal communicat~ons ~r~th the City o£ ge~_~, it was indicated that adequate soils information vas available. Hovever, after an analysis of such data, it vas felt that additional field data should be obtained due to the ~n;dequacy of such ex~sting ~ormat~on. TI~s field work ~_~ analysis was completed from December 1 to December 1978 utLtizing the services of D_~li Drilling sE Anchorage and our o~n personnel for ~nte~pre~at~on and analysis. A s,~ory of~ the time and costs flwolved ~n this york are attached for yom: ~orma~:ion. This addit~ vork vas required for the desi~s. 1~e ~ould appreciate your reviev and approval for payment of S~re~, TED ~I & ~S~S, ~C. Engineering · Planning · Surue~ing A. Soils ~nves~8a2~ons 1. Denalt Drill/ns Inc., Services a) ~ 1/2 Hrs. Drilling @ b) i 1/2 Hrs. Travel & S~andby @ $52.50/h~ c) 1 Hr. Move @ d) 1,fob & De.ob. 2. SoLIs gng/neertng * a) S~ake Bor.~.n8 locaCtona ~' 2 Hfs @ $&5/Hr B) Lo8 BortnSs & Travel 7 Hfs @ c) U~.~t~te8 Coord~n~ion 1 1/2 Hfs @ $45/Hr d) Plo~ Loss and Analysts i 1/2 Rzs @ $632.50 $ 78.75 '/ $ 60.00 ~' §2so.oo $1021.25 · $ 102.10 ~ $1123.35 $ 90.00 '/ $3.t5.00 ,/ $ 67.50 ,/ $ 67.5o ,/ · $~o.oo~ $1663.351. $46O.00 $ 78.75,/ $ 60.00 ,/ ..@250.00 $8/~8.7~ ~ $933.55~, 2. Soils Engineer g~ake Loca~ions 2 H~s @ $45/Hr Log Borinss & Travel 5 ars @ $45/Hr. Util~t~es Coordination 1H~ @ $45/Hr Plot Logs and Anaiys~s Sub-Total Total $ 90.00 $ 225.00 $ 45.00 ,4 45.00 $405.00 $11.338.55 3oo ..9o 1979..Zmprov~nts Xefla( ~r~rt~ ~efla~f A~aska .................. 44S2 8us~fless Pe~k ~l~n (9). ~ow ~c~r r~b d column (7) ~.~ol~n (~ ~ACT C~PL~TeO ~O , COSY OP ~ Sew Cure,fig 1 5,7S0 1.~' 23,525.00",sos~.~s z~o?s.o3 3. Pewit R~vel 43,2~ .~. 25,g20.~ ~.o~ ~4.~o.0 )/f. ozo.oo 4, ExSstfflg Base ~rse Preporetton - 43,~ .Sb; 21,6~.00~io. o0o zo.o~.o~/ i.ioo.oo S. Crack Se&l Sag 67,~ .9~ 7. Crush~ Agg~ga~ bsa ~,2~ 30.00~ 66.~0.O0~bG.l~ 9, R~y & Tax,way PaJnt~ng ~,~O 3.40, 13,974.00/ E-I Extstt~ L-819 bsa ~Md Runway L~ghU 87 3M.~. 32,1g0.~ , u,s~.o / 7o)o.~ E-Z . ~Jsttng L-~IT hse ~un~ Taxtffay LtghU 11 360.0g' 3,960.~ t ~o.o= 3~o.oo · E-3 N~ L~19 Base EM L-~4 T~ C., 1C No. 8 S ~ ~ble E-6 2-~flch Ouc~ ~fl TreKh 1 3,~0 2.S0' E-7 ~tKh guc~ tn T~flch 270 17.~" 4,S~.~-' ~z~oo ~4.4~.o, E~ C]~S I T~ ~n t?O 4, S~.O* ; SOO E*9 ClaSS II Tr~ 4fl · E-1' . T~Ch tfl Pav~ Ar~ 390 2.70, 1,0S3.~; ~fl sis.s ~ ~ze.sc so E-I , b~T~ · 6 1~.~ /9,6~.~ ~ o.~oo.~ / oo Ret1 Sys~ I L.S.* 6,G.~ f~ d soo ~ ~vattofl S~,~ 2.1~ 67,330.~~ m~. mc u zen om ~.sATo.oo ~2 ~JV~t ~3us~t 1 L.S, 3,100,00' ~ ~.foo.oo. ~O~c~ r- Surface Preparatt0no 96.000 SY g Slurry Seal Colt, 140.500 SY g$.73 Rumay & TOx~vI~ PlSnttng, 14,1~ e 2.16 LA-3. & ~YSIS OF ~K PIRFO~MIO el) ~mJ d M)M (f). (a) P4~N~ D~ TH~ PAINT b Cl ~TtON DP CONTbGTOI ' #~ CllpM.d. '~h ell M bktPeebbl d t"~d ememb eJill Ce Mid idIM FI/mm. iN s.. ..... . iIiiM ., , . ~ ~~ ~ ~d r PIBIODIC ~S?IHATE FOR PARTIAL P&YM(#T v~0~;000 CONSTRUCTIO#, IMC / A&.AS~A CONSTRUCT0.qS, NC. / ~o BOx J210 I. COST OP wORK ¢ONPLE?EO TO D&TI~ UNDER ORIGINAL. CONTRACT ONLY · ~olumn~ f,I) Ihrou,qh (4~), ~nccr da~a shown ~n coJufrmM J. 2, ~. 8 and 9, respectlwly, on Form £~.lll Il CLEAIIMdG ANO G/iUIB~dG LUAiP S ~00.OC I ~ L.8. ].,S00.00 0 LO0 SUM ~l TREG [XCJI/ATI0# AND BAcK/rfLJ, ~E,74 8 s~lS'/ $3S, li~s0/ 6SS 8~613.25 :~6,S49.8S ~ N~CHANICAL COMPACTIQ~ 300 $2,~~/ I Z0O. OO / 0 0 7S0.~ 0 LINEAR 41 FURt~SH AND INSTALL PiPS CJI~S~ lO $ll0N~/ lellTI.40~/ '~0 7,768.60~ 0 L00 ?. ~IG, ZO' STD. Wt S/~L UNF, AJI FElT ,. SI FUJU#$H AND tN~ALJ, I~' O.L~ 27'~4 I~Z,3(~/- SdJ,m4~/ 0 0 0 0 ~:. il JrlJI/~C#' AN0 INSTALL 2~"8UTT~rR- 3 SJ,3Z~C~ $$,STSXX)/ I 1,325.00 d / d Il ~RiAll CRO~,~, LUMP S~,~SGO0 IsS,~OO0 90, 13,725.00 1,525.00 90 e d / j · l ti~B&JZATION · M, HOBUZ~iON I LUMP SIO~_'~9'~__ I li)~O0~O SO, S,~,O0 S,O00,~ S0 · · PEk L ./ TO*A[ Of cost COLUdm$ I ~;a.~4.CX) l 40,431.85 118,792. IS 2S - [ [~. $CHEDULIr OF CONTNACT CHANGE ORDERS l~f '" ,, ' ' TOTALS CONTRACT AMOUN? TO .ck4rd~J~d m coiMm ;gMTIF~ATIOK OF ~NTRACTON ~i~-~/~.t ~.~. ~ ,~ · ~,~.,~,.,~ ....... , , ,,,,,, ,~, ~,, ,~,~ ~ ,,,~,~d ,~ ~. ,~ ~--,?, ~*,,~ ~J~.~.F~,~%~'~',::' ',~'. ~ ': ..... -~ '~;--'"'" *--;~d ''~" ~"~.~'"'e" '~ ~"~ ~.~.'~.;?~,'l;'X' ~.~I~'"''~,' -",' t MEMORANDUM TO: All City Employees FROM: Sue Peter DATE: June 29, 1979 We ere now taking applioations for formation of the best softball team yet -- all positions ere open including cheerleaders. Actually, I am begging for your help as I accepted the challenge of a baseball game between the City of Kenai and the City of Soldotna and even assured them we would win (I don't even like baseball or understand it). However, the game is s~heduled for Sunday, July 15th starting at 2:00 p .In. at the Soldotna rodeo ~l'ounds with Soldotna furnishing the keg, After the game, Soldotna suggested that everyone bring a picnic lunoh and have a "get-together". Please let me know, by department, if ~,ou are interested in forming a team and we will go from there ....... Thanks o CITY OF KENAI ORDINANCE NO. 508-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, .ALASKA AMENDING ORDINANCE NO. 122 REGULATING OIL AND GAS WELL DRILLING WITHIN THE CITY OF KENAI AND ADDING SUCH REGULATIONS TO THE KENAI CODE. WHEREAS, Ordinance 122 of the City of Kenai adopted emergency regulations of oil and gas well drilling within the Kenai City limits, and WHEREAS, it was the intent of that ordinance that comprehensive regulations be drafted and added to the Kenai Code, and WHEREAS, practical experience with oil companies who have sought to abide by said regulations demonstrate that certain amendmemts to the regulations are required in order to make the drilling operations feasible as for example, (a) the need for a shut-in provision giving the oil company extra time under a permit to dispose of oil or gas discovered because of the lack of a ready market or pipeline trans- portation facilities (5.35.080); (b) the need for reason- able, additional time to commence drilling operations from grant of permit, (5.35.070); and the need to grant additional leeway to allow for other than steel slush pits (5.35.130). NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Ordinance No. 122 is'hereby repealed in its entirety and as codified in the Kenai Code. S~ction 2: The attached chapter of code provisions entit~e~ "OIL AND GAS WELLS," numbered 5.35.010 through 5.35.250 are hereby adopted by the Council of the City of Kenai and shall be codified in the Kenai Code as ~ended. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. VINCENT 0'REILLY, ~AYOR SUE C. PETER, CITY CLERK First Readings June 20, 1979 Second Reading: July 5, 1979 Effective Date: August 5, 1979 5.35.010 0IL AND GAS WELLS~ Definitions= 1. The word "person" shall include any individual, firm, partnership, association, corporation or cooperative. 2. The word "well" shall include and mean any hole or holes, bore or bores, to any sand, formation, straWa or depth for the purpose of producing and recovering any oil, gas liquid hydrocarbon or any of them. 3. The word "permittee" shall mean the person to whom is issued a permit for the drilling and operation of a well under this ordinance, and his or its administrators, executors, heirs, successors and assigns. 4. All technical or oil and gas industry words or phrases used herein and not specifically defined herein shall have that meaning customarily attributable thereto by prudent operators in the oil and gas industry. 5~ The word "lease" as that term is used herein shall mean any tract of land subject to an oil, gas and mineral lease or other oil and gas development contract, or any unit composed of several tracts and leases but operated as one lease, an~ any tract of land in which the minerals are owned by an operator or someone holding under it or him, but which, due to the free royalty ownership is developed and operated as a separate tract. 5.35.020 Permit= It shall be unlawful and an offense for any person ac-~ng either for himself or acting as agent, employee, independent contractor, or servant of any other person, to commence to drill, or to operate, any well within the c~ty limits of the city or to work upon or assist in any way in the production or operation of any such well, without a permit for the drilling and operation of such well having first been issued by the authority of the City Council in accordance withthe terms of this ordinance. 5~35.030 Streets and Alleys= No well shall be drilled and no p~rmit shali"be issued for any well to be drilled at any location which is within any of the streets or alleys of the city~ and no street or alley is within any of the streets or alleys of the city~ and no street or alley shall be blocked or incumbered or closed in any drilling or production operation except by special permit by order of the City Counc£1, and then only temporarily. 5.35.040 Well Location: No well shall be drilled and no permit shall~be issued for any well to be drilled at any location whic~ is nearer than 200 feet of any residence or cdmmercial building without the applicant having first secured the written permission of the owner or owners thereof. 5.35.050 APpl~cation and Filing Fee= Every application for a permit to dr~ll and operate 'a well shall be in writing, signed by the applicant or by some person duly authorized to sign same on his behalf, and it shall be filed with the City Clerk and be accompanied with a filing fee of $500 in cash. No application shall request a permit to drill and operate more than one well. The said application shall include full information, including the following: ~ 1. The date of said application; 2. Name of the applicant; 3. Address of the applicant; 4. Proposed site of the well, including: name of the mineral owner and surface owner; name of the lease owner; and brief description of the land; 5. Type of derrick to be used; 6. The proposed depth of the well. 5.35.060 Issuance or Refusal of Permit: The City Council, within 20 days after the filing of the application for ~ permit to drill and operate a well shall determine whether or not said application complies in all respects with the provisions of this ordinance, and if it does, the City Council shall then fix the amount of the principal of the bond and insurance provided for in the section below, and after such determination shall issue a permit for the drilling and operation cf the well applied for. Each permit issued under this ordinance shall: 1. By reference have incorporated therein all the provisions of this ordinance with the same force and effect as if this ordinance were copied verbatim in said permit; 2. Specify the well location with particularity to lot nun%bet, block number, name of addition or subdivision, or other available correct legal description; 3. Contain and specify that the term of such permit shall be for a period of one year from the date of the permit and as long thereafter as the permittee is engaged in drilling operations with no cessations of such operations for'more than 120 days, or oil or gas is produced in commercial quantities from the well drilled pursuant to such permit, provided that if at any time after discovery of oil or gas the production thereof in commercial quantities shall cease, the term shall not terminate if the permittee commenced additional reworking operations within 120 days thereafter as oil or gas is produced in commercial quantities from said well, except that for good cause the City Council upon application may extend the 120 day requirements for additional periods of 60 ~ays but for not more than the aggregate of one year; 4. Contain and specify such conditions as are by this ord/nance authorized; 5. Specify the total depth to which the well may be drilled, not exceeding the projected depth; and, 6. Contain and specify that no actual operations shall be commenced until the permittee shall file and have approved an indemnity bond in the designated principal amount as so determined by the City Council and conditioned as specified in the section below. Said permit, in duplicate originals, shall be signed by the City Manager of the City, and prior to delivery to the permittee shall be signed by the permittee (with one original to be retained by the city and one by the permitee); and when so signed shall constitute the permittee's drilling and operating license and the contractual obligation of the permittee to comply with the terms of such permit, and such bond, and this ordinance. If the permit for the well be refused, or if ~he ap- plicant notifies the City Council in writing that he does not elect to accept the permit as tendered and wishes to withdraw his application, or if the bond of the applicant be not approved and the applicant notifies the City Council in writing that he wishes to withdraw his application, then upon the happening of said events the cash deposit provided for to be filed with the application shall be returned to the applicant, except that there shall be retained therefrom by the city $100 as a processing fee. 5~35.070 Termination of Permit: When a permit shall be issued, the same shall terminate and become inoperative without any action on the part of the city unless within 120 days from the date of issuance actual drilling of the well shall ha~e commenced except during a suspension or shut-in as provided in 35.080, the cessation for a like period of the drilling operations or the cessation of the production of oil or gas from the well after production shall have commenced, shall operate to terminate and cancel the permit, and the well shall be considered as abandoned for all purposes of this ordinance, and it shall be unlawful thereafter to continue the operation or drilling of such well without the issuance of another permit except upon application to the City Council said periods may be extended for 60 day periods but not more than the aggregate of one year. 5.35.080 Shut-In: If a well has been drilled which is or can be made capable of producing gas or oil in commercial quantities but for which there is a lack of either a market at the well or of an available pipeline outlet in the field, said well may be suspended or shut in while the drilling and production permit issued hereunder is still in effect. The permittee shall give written notice to the City of his intent to suspend or to shut in the well which notice shall present the reasons therefore and indicate the good faith attempts that were made in securing a market or providing for the transportation of the oil or gas. Said suspension or shut-in will be effective for one year from the date of the notice to the City and may be renewed for additional one year intervals upon review and public resolution by the City Cpuncil. During the suspension or shut in the well shall be secured by fence, locks or other security devices as approved by the City Manager. 5.35.090 Permittee's Insurance and Bond: In the event a permit be issued by the 'City Council under the terms of this ordinance for.the drilling and operations of a well, no aotual drilling operations shall be commenced until the permittee shall file with the City Clerk a bond and a cer- tificate of insurance, as follows: 1. A bond in the principal sum of such number of dollars as has been so determined by the City Council, but not to be less than $25,000. Said bond to be executed by a reliable insurance company authorized to do busiDess in the state, as surety, and with applicant as principal, running to the city for the benefit of the city and all persons concerned, conditioned that the permittee will comply with the terms and conditions of this ordinance in the drilling and operation of the well. Said bond shall become effective on or before the date the same is filed with the City Clerk and remain in force and effect for at least a period of 6 months subsequent to the expiration of the term of the permit issued, and in addition the bond will be conditioned that the permittee will promptly pay off fines, penalties and other assessments imposed upon permittee by reason of his breach of any of the terms, provisions and conditions of this ordinance, and that the permittee will promptly restore the streets and sidewalks and other public property of the city, which may be disturbed or damaged in the operations, to their former conditions; and that the permittee will promptly clear all premises of all litter, trash, waste, and other substances used, allowed, or occurring in the drilling or producing operations, and will, after abandonment, grade, level and restore said property to the same surface condition, as nearly as possible, as existed when operations for the drilling of the well or wells were first commenced; and that the permittee will indemnify and hold the city harmless from any and all liability growing out of or attributable to the granting of such permit. If at any time the City Council shall deem any permittee's bond to be insufficient for any reason, it may require the permittee to file a new bond. If, after completion of a well, permittee has complied with all of the provisions of this ordinance such as to removing derrick, clearing premises, etc., he may apply to the City Council to have said bond reduced to a sum of not less than $10,000 for the re.m~_inder of the time said well produces without reworking. During reworking operations the amount of the bond shall be increased to the original amount. 2. In addition to the bond required in paragraph 1 of this section, the permittee shall carry a policy or policies of standard comprehensive public liability insurance, including contractual liability covering bodily injuries and property damage, naming the permittee and the city, in an insurance company author£zed to do business within the state, said policy or policies in the aggregate shall provide for the ,following~[nimum coverages: (a) Bodily injuries $250,000 one person; $500,000 one accident. (b) property damage $200,000. (c) workmen's compensation insurance and shall furnish a certificate thereof to City; (d) the permittee shall also execute an agreement to save the City harmless from all actions, suits, liabilities or damages resulting from or arising Out of any acts of commission or omission by the permittee, its agents, employees, invitees or arising from the permittee's operation and privileges granted hereby and pay all ~osts connected therewith. Permittee shall file with the City Clerk certificates of said insurance as above stated, and shall obtain the written approval thereof by the City Manager, who shall act thereon within 10 days from the date of such filing. Said insurance policy or policies shall not be cancelled without written notice to the City Clerk at least 10 days prior to the effective date of such cancellation. In the event said insurance policy or policies are cancelled, the permit granted shall terminate, and permittee's rights to operate under said permit shall cease until permittee files addition- al insurance as provided herein. · 5.35.100 Permit Required for Conduits on Streets and Alleys: No permi~tee' shall make any excavations 6r construct any lines for the conveyance of fuel, water or minerals, on, under or through the streets and alleys of the city w~thout express permission of the City Council, in writing, and then only in strict compliance with the ordi- nances. 5.35.110 Deeper Drilling: Once any well has either been completed as a producer or abandoned as a dry hole, it shall be unlawful and an offense for any person to drill such well to a deeper depth than that reached in the prior drilling operations without the permittee as to such well obtaining a supplemental permit after filing a supplemental application with the City Clerk specifying: 1. The then condition of the well and the casing therein; ~ 2. The depth to which it is proposed such well be deepened; 3. The proposed casing program to be used in connection with proposed deepening operations; 4. An evidence of adequate current tests showing that the casing strings in said well currently passed the same tests as are in this ordinance provided for in case of the ~rilling of the original well. In the event the City Council is satisfied that said well may be deepened with the same degree of safety as existed in the original well, a supplemental permit may be issued without'an additional filing fee to the permittee authorizing the deepening and operation of the well to such ,specified depth as applied for. In any deeper drilling or any deeper completion of any deeper production operations, the permittee shall comply with all o~her provisions contained in this ordinance and applicable to the drilling, completion and operation of a well or wells. 3.35.120 Derrick and Rig: It shall be unlawful and an offense for any person to use or operate in connection with the drilling or reworking of any well within the city limits, any wooden derrick or any steam-powered rig, and all engines shall be equipped with adequate mufflers approved by the City Manager, or to permit any drilling rig or d~rrick to remain on the premises or drilling site for a period longer than 60 days after completion or abandonment of the well. At all times from the start of erection of a derrick, or a mast, or a gin-pole, until the well is abandoned and plugged or completed as a producer and enclosed with a fence as herein provided, the permittee shall keep a watchman on duty on the premises at all times; provided, however, it shall not be necessary to keep an extra watchman on duty on the premises when other workmen of permittee are on said premises. 5.35.130 Pits: Steel slush pits shall be used in connection with 'all drilling and reworking operations. Such pits and contents shall be removed from the premises and the drilling site within 60 days after completion of the well. No earthen slush pits shall be used except as permitted by the City Council on a case-by-case basis. 5.35.140 Drilling Operations; Equipment: Ail drilling and operation at.any 'well performed by a permittee under this ordinance shall be conducted in accordance with the best practices of the reasonably prudent operator. Each permittee under this ordinance shall observe and follow the recommendations and/or regulations of the American Petroleum Institute and the commission of the state. 5.35.150 Premises to be Kept Clean and Sanitary: The premises shall b~"~pt'in a clean and sanitary condition, free from rubbish of every, character, to the satisfaction of the City Manager, at all times drilling operations or reworking operations are being conducted, and as long thereafter as oil and/or gas is being produced therefrom. It shall be unlawful for any permittee, their agent or employee, to permit within the corporate limits of the city, any mud, water, waste oil, slush or other waste matter from any slush, pit, storage tank, or oil and/or gas well located within the corporate limits of the city, or from any premises within the city, developed or being developed for oil and/or gas purposes, into the alleys, streets, lots, land or leases within the corporate limits of the city. 5.35.160 Muff.lets Required: Motive power for all operations~fter completion of drilling operations shall be electricity or properly muffled gas, gasoline or diesel engines. 5.35.170 Storage Tanks and Separators~ It shall be unlawful and an offense for any person to use, construct or operate in connection with any producing well within the city limits any crude oil storage tanks except to the extent of 2 steel tanks for oil storage, not exceeding 500 barrels capacity each and so constructed and maintained as to be vaportight. A permittee may use, construct and operate a steel conventional separator, and such other ste~l tanks and appurtenances as are necessary for treating oil with each of such facilities to be so constructed and maintained as to be vaportight. Each oil, gas separator shall be equipped with both a regulation pressure-relief safety valve and a bursting head. Ail such tanks and separators shall be placed underground. Any oil or gas produced may be transported outside of the city limits by underground pipelines. 5.35.180 Fence: Any person who completes any well as a producer shall have the obligation to enclose said well, together with its surface facilities, by a substantial fence sufficiently high and properly built so as to ordinarily keep persons and animals out of the enclosure with all gates thereto to be kept locked when the permittee or his employees are not within the enclosure. 5.35.190 Noise and Other Nuisances= Ail oil operations, drilling and production opera~£ons shall be conducted in such a manner as to eliminate, as far as practicable, dust, noise, vibration or noxious odors, and shall be in accordance with the best accepted practices incident to exploration for, drilling for and production of oil, gas and other hydrocarbon substances. Proven technological improvements in exploration, drilling and production methods shall be adopted as they become, from time to time, available, if capable of reducing factors of nuisance and annoyance. 5.35.200 Flaring or.Burning of Gas= No permittee engaged in the drilling or operation of an oil and/or gas well' within the corporate limits of the city, shall permit to escape into the air or to flare or burn gas from a torch or any similar means within the corporate limits of the city, except that gas may be burned for a limited time when necessary to complete an oil and/or gas well upon the original completion or upon the recompletion of work over jobs upon oil and/or gas well, so long as the same does not constitute a fire hazard to the property of others within the vicinity of such oil and/or gas well. 5.35.210 Tire Prevention= It shall hereafter be unlawful to operate'a well'for oil and/or gas without a 4 ',inch heade~ being laid over the top of the tanks and a 2 1/2 inch line extending from the tank battery to a point 200 feet from said tank battery. The manner and method provided for connection at said point shall be determined by the City Fire Department so that foamite or other chemicals may be pumpe~ through such line and the header on the tanks into such tanks to extinguish fires in the tanks. Adequate fire fighting apparatus and supplies, approved by the City Fire Department shall be maintained on the drilling site at all times during drilling and production operations. Ail machinery, equipment and installations on all drilling sites within the city limits shall conform with such requirements as may from time to time be issued by the Fire Department. 5.35.220 Abandonment and Plugging: Whenever any well is abandoned it shall be the obligation of the permittee and · the operator of the well to set a 200 foot cement plug in the bottom of the surface casing with the bottom of the plug 100 feet below the surface casing section, and the top of the plug 100 feet above the surface casing section; and to set a 50 foot cement plug in the top of the surface casing. No surface or conductor string of casing may be pulled or removed from a well. During initial abandonment operations it will be the obligation of the permittee and the operator of the well to flood the well with mud-laden fluid weighing not less than 10 pounds per gallon, and the well will be kept filled to the top with said mud-laden fluid at all times;bud-laden fluid of the above specifications will be left in the well bore below and between cement plugs. Any additional provisions o: precautionary measures prescribed by the state or the commission of the state in connection with the abandonment and plugging of a well shall be complied with by the permittee. 5.35.230 Disposal of Salt Water: Permittee shall make adequate provisions for the disposal of all salt water or other impurities which he may bring to the surface, such disposal to be made in such manner as to not contaminate the water supply, present or prospective, or to injure surface vegetation. '5.23.240 Violation of Laws or Regulations: Any violation of the. laws of the state or any rules, regulations or require- ments of any state or federal regulatory body having jurisdiction in reference to drilling, completing, equipping, operating, producing, maintaining, or abandoning an oil or gas well or related appurtenances, equipment or facilities, or in reference to firewalls, fire protection, blow-out protection, safety protection, or convenience of persons or property, shall also be a violation of this ordinance and shall be punishable in accordance ~ith the provisions hereof. 5.35.250 Penalty: It shall be*unlawful and an offense for any person to violate or neglect to comply with any provision hereof irrespective of whether or not the verbiage of each section hereof contains the specific language that such violation or neglect is unlawful and is an offense. Any person who shall violate any of the provisions of this ordinance, or any of the provisions of a drilling and operating permit issued pursuant hereto, or any condition of the bond filed by the permittee pursuant to this ordinance, or who shall neglect to comply with the terms hereof, shall on conviction thereof, be fined in any sum not less than $5 nor more than $100~ and the violation of each separate provision of this ordinance, and of said permit, and of said bond, shall be considered a separate offense, and each.day's violation of each separate provision thereof shall be considered a separate offense. In addition to the foregoing penalties, it is further provided that the City Council at any regular or special session or meeting thereof, may, provided 10 days notice has been given to the permittee that revocation is to be considered at such meeting, revoke or suspend any permit issued under this ordinance and under which drilling or producing operations are being conducted in the event the permittee thereof has violated any provision of said permit, said bond, o£ this ordinance. In the event the permit be revoked, the permittee may make application to the City Council for a reissuance of such permit, and the action of the City Council thereon shall be final. In addition to or as an alternative to the penalty aforementioned, any person violating this title shall be subjec~ to a civil penalty of not more than $100. Each and every day the violation continues shall be deemed a separate and distinct violation. In addition a civil injunction or temporary restraining order may be obtained in order to obtain immediate compliance with the provisions of this title and the City may apply for its reasonable court costs and attorney fees in bringing the civil litigation. C~T¥ OF ORDINANCE NO. 509-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI CODE AS AMENDED PROVIDING FOR A NEW ANIMAL CONTROL ORDINANCE TO REPLACE THE EXISTING ANIMAL CONTROL ORDINANCE. WHEREAS, the City of Kenai presently has an animal control ordinance, Ordinance 294 which is codified in Sec. 3-1 through 23 of the Kenai Code as amended and° in 3.10.010 through 3.10.210 in the 1979 revision of the Kenai Code, and WHEREAS, the present ordinance is deficient in that it does not'give the animal control office citatidn issuing authority which deters from his ability to provide adequate animal contro%, and WHEREAS, the revised proposed ordinance is more comprehensive in its approach to the subject o~ animal control, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows= Section 1= Ordinance 294 is hereby repealed in its entirety and its codification in Sec. 3-1 through 23 of the Kenai Code as amended and its codification in Title 3 of the 1979 co~e revision. Section 2= A new Title 3, Animal Control, a copy of which is attached hereto and incorporated herein, is hereby adopted by the Council of the City of Kenai as the new animal control ordinance, and shall be codified in the Kenai Code as amended. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: Sue C. Peter, City Clerk VINCENT O~REILLY, MAYOR First Readings June 20, 1979 Second Reading~ July 5, 1979 Effective Date= August 5, 1979 I I IIII · i Title 3 ANIMAL CONTROL Chapters: 3.05 General Provisions ~ Standards for the Keeping of Animals 3.15 Licensed Facilities ~.20 Dog Licenses 3.25 Impoundment ......... ~.'~0 ~abies COntroi -'3.05.010 GENERAL PROVISIONS; Definitions: As used in ....... Title 3: 1. "Animal" means all domestic or domesticated members of the Kingdom Animalia. 2.' "At large" means not under restraint. ....... 3. "Cat" means a domestic or domesticated member of .... the~family'Felidae. 4. "Current rabies vaccination" means a vaccination= (a) as specified in the "compendium of animal rabies vaccines" ........ prepared by the Rabies Subcommittee of the National Academy ..... of Sciences and by the National Association of State Public .~ Healt~eterinarians, Inc. (~978); (b) administered in ~Cc~.rdance with state law~ and (c) evidenced by a rabies .. ... vaccination.certificate in a form approved by the State ............ ..~=-D~visio~:of Public Health. 5. "Dog" means a domestic or dome~ticated member of the family Canidae. :'.'['~'"Dog'fancier's facility"-means a premises where'a person owns $ or more dogs over the age of 4 months, and -::]~:- ~.C~.~s neither a ke~nel nor a dog musher's facility. ' ~ ~. "Dog musher's facility" means a premises where a person owns 5 or more dogs over the age of 4 months prin- ' . ~-'~. oipally .for the purpose of dog mushing, and which is not a 8. 'Kennel" means a premises where a person owns 4 or · -..~ more'dogs over the age of 4 months in the operation of a business subject to taxation under A.S. 43.70, which bus~ness includes the buying, selling, training, boarding or breeding .... ~t~..~.(- ;9. 'Officer" means a person charged by law with the .......... -~duty to'enfbrce provisions Of'%his title. · ....... - .... c,,.~9'~-~;~To-'own" an-animal includes having title, keeping, :~'"~''-~ ~arbori~gand having custody or control of an animal. 11. "Person" iflcludes individual, joint venture, partner- ship, corporation or unincorporated association. .~~---~=1~? "Restrain# means= (a) physical confinement, as by leash, chain, fence or building~ or (b) under competent _._voice control when an animal is engaged in an activity or j. .. form of training requiring that it not be physically confined~ 3-1 or (c) when an animal is on the property of its owner. 13. "Sterile" means rendered incapable of reproduction by surgical operation. 14. "Vicious animal" means an animal which has bitten or attacked a human being without provocation. 3.05.020 Animal Control Office= There shall be an Animal Control Office which, except as this title provides otherwise, shall be the entity responsible for the admin- istration of this title. There shall be in the Animal Control Office anAntmal Control Shelter for the keeping of animals which the Animal Control Office impounds or otherwise assumes custody of under this title. ~.05.030 Animal Control Officers: There shall be a chief animal control office~ who shall be appointed by the Public Works Director. The Public Works Director may appoint one or more deputy animal control officers. 3.05.040 Powers and Duties of Animal Control Officers: The chief animal control officer shall administer the Animal Control Office. The chief animal control officer and any deputy animal control officer have the power and duty to: 1. Enforce the provisions of this title in the field and in the case of deputy officers under the supervision of the chief animal control officer; -- 2. File complaints and serve summonses and complaints for violations of this title. '3.05.050 Records: The chief animal control officer shall maintain complete and detailed records of= 1.. the issuance and revocation of licenses under this title~ 2. all-animals brought into the custody of the Animal Control Office by impoundment or otherwise; 3. the disposition of all animals in the custody of the Animal Control Office; 4. reports required by Section 3.30.010 and the Animal Control Office's investigations thereof; 5. investigations of violations of this title; and 6. monies'received for fees and charges imposed by this title. .- · . .-~ The Antmal Control Office shall not disclose the identity of a person who adopts an animal.from the Animal Control Shelter unless the chief animal control officer determines that the public health, safety or welfare requires the disclosure. 3.05.060 Penalties and Remedies= Except as this Section provides otherwise, a person who violates a provision of this title, a term, condition or provision of a license 3-2 issued hereunder, or a City regulation promulgated under this title shall, upon conviction, be subject to a fine of not more than $100. In addition to, or as an alternative to the-criminal penalty aforementioned, any person violating any provisions of this title shall be subject to a civil penalty of not more than $100. Each and every day that such violation continues shall be deemed a separate and distinct violation. In addition, a civil injunction or temporary restraining order may be obtained in order to obtain inunediate compliance with the provisions of this chapter. The City shall seek an award of reasonable attorney's fees and costs from the court in prosecuting such an action. 3.05.070 Citation Procedure: 1. An officer may serve a summons and complaint in the form of a citation upon a person for violating a provision of this chapter, or a term, condition or limitation of a license issued hereunder, or a City regulation promulgated under this title. 2.~ A summons and complaint issued under this section shall contain a notice directing the person to whom it is issued to appear to answer to the charge in the District Court for the Third Judicial District of the State of Alaska at Kenai. 3. An officer who issues a summons and complaint under this section shall deposit the original and a copy of the citation with his immediate superior who shall forward the citation to the District Court-.for the Third Judicial District of the State of Alaska' at Kenai. Thereafter, the summons and complaint may be-disposed of only by official action. 4. A summons and complaint in the form of a citation that fulfills the requirements for a complaint under the District Court Rules of Criminal Procedure promulgated by the Supreme Court of the State of Alaska shall be deemed a lawful .comPlaint for the purpose of prosecuting a violation of this title. ... '~-.' . ,: ..~.'. .,. . %o. ... 3.05.080 Regulations = The chief animal control officer may promulgate regulations, necessary and convenient to the administration of this title, including but not limited to: 1. Providing the form of applications, licenses and other documents used in the administration of this title. 2. Provid.ing the form, recording and control of citations to be used under Section 3.05.070, and the form and control of-~itation books. : .... '~'~%~--4)e~laring=~C~ep%i~ne~%~ction- 3.10.050 to allow - · --~lima~s ~n-th'e.'stre~.. for the?PttrPose of participating in races, shows or other temporary sporting or festive events, and to exclude nonparticipating, animals from the vicinity of such events. 4. Establishing fees and charges as authorized by this title .... 5. Establishing procedures for offering animals for adoption. 6. Interpreting the provisions of this title. 3-3 'y 3.05.090 Inspections: 1. During normal business hours, an officer may, upon presentation of proper identi- fication, inspect premises where animals are kept to deter- mine whether the animals are being kept in compliance with this title. ~ 2. Where the Constitution of the United States or of the State of Alaska so requires, the officer shall obtain an administrative search warrant authorizing an inspection and exhibit the warrant to the person in charge of the premises before conducting the inspection. The officer may apply to the trial courts of the State of Alaska to obtain an inspection warrant, stating in the application the name and address of the premises to be inspected, the authority to conduct the inspection, the nature and extent of the inspection, and the facts and circumstances justifying the inspection, warrants issued under this section shall be returned within 10 days. ~. Where the chief animal control officer finds the action is necessary to prevent an imminent and substantial danger to the public health, safety or welfare, he may authorize an inspection permitted by subsection 1 of this section~to be made without a warrant upon obtaining the prior approval of the City Attorney and City Manager and in either one of their absences, the Mayor. 4. The chief animal control officer may conduct an animal census of the municipality at such intervals as he deems appropriate. The chief animal control officer may authorize those who take the census to accept applications for, and to issue, licenses under-Chapters 15 and 20 in the field. ~ .. 3.05.100 Fees= 1. The fee for a kennel, dog fancier's facility or dog musher's facility shall be $5 per dog in the facility, up to a maximum of $25. 2. The fee for a dog license shall be $3 for a sterilized dog ~nd $5 for all other dogs. The fee for replacing a lost dog license tag with a duplicate shall be $.25. 3. The fee for redeeming an impounded animal shall be the sum of the impoundment and boarding fees specified in this subsection, provided that if, within 30 days of paying the impoundment and boarding fees, the owner of an impounded animal presents proof that the animal has been sterilized, the Animal Control Office shall refund to the owner the impoundment fee for the animal. The refund for sterilization shall be allowed only once for any animal. (a) impoundment fee: clog $25; cat $5. (b) boarding fee: dog & cat $3/day; Othe~'animal weighing less than 15 pounds $3/day; other ¶animal'-weig~ing more than 15 pounds $5/day.- :.~ "The boarding fee also shall include any other costs actually and reasonably incurred by the Animal Control Office in maintaining the animal, including but not limited to medical caxe. (c) Any impounded animal which by reason of its size, strength, dangerous propensities or other charac- 3-4 terist~s cannot reasonably be kept in the Animal Control She~may be reclaimed upon payment of an impoundment fee of ~1~], plus the actual costs reasonably incurred by the Animb~Control Office in impounding, transportin~ and keeping the animal. 4. The fee for adopting an animal shall consist of a earge of $10 to defray the cost of vaccinating the animal and to help defray the cost of impounding and caring for animal. 3.10.010 ANIMAL CREATING A DISTURBANCE: No person may permit an animal 'which he owns to annoy another person by interfering with the latter's sleep, work or reasonable righ~ to peace or privacy by making repeated or continued noise. 3.10.020 Control and Confinement.of Animals: 1. A person who owns a dog shall keep the dog under restraint at all times. 2. A person who owns an animal other than a dog that is capable of annoying or endangering other persons or damaging their property shall keep the animal under restraint at all times. 3. A person who owns a vicious animal shall at all times either confine the animal in a building or a secure enclosure, or otherwise secure the animal, as with a muzzle, so it ca,not injure other persons or their property. 4. A person who owns a female dog or cat in heat or during ovulation shall keep the dog or cat under restraint in such a manner that it cannot come into contact with a male of its species except for planned breeding purposes, provided that a famale sled dog in heat shall be confined unless .it is restrained by proper harnessing in a team in such a manner that it cannot come in contact with a male dog except for planned breeding purposes. 5. No person other than an officer performing his duties under this title may release an animal from restraint without its owner's consent, except to preserve the animal's life. 3.10.030 Maintenance and Sanitation= A person who owns an animal shall ma~'ntain all structures, pens and yards where he keeps the animal, and all areas adjacent thereto, ,~ 'a clean and senitarjf condition and free from objectionable · ...... 3.10.040 Diseased Animals: No person may sell an animal which the person knows to be diseased, injured or otherwise physically defective without disclosing to the buyer the nature of the disease, injury or defect. 3.10.050 A~imals Near Street= No person may tie, stake or otherwise confine an animal within a street, side- 3-5 walk, alley or public place, or in such a manner that the animal may enter a street, alley or public place, except as permitted under Section 3.05.080. 3.10.060 Cruelty to Animals= 1. No person may: (a) intentionally k~ll 'an animal; (b) intentionally injure, torment, poison, provoke or otherwise abuse an animal; (c) maintain an animal without providing food, water and shelter adequate to preserve the animal's health, or abandon an animal where it will not be provided proper food, water, shelter and care; (d] maintain an animal showing symptoms of an infectious or contagious disease without keeping the animal confined in a building or secure enclosure and under proper care. ~. Subsection 1 of this section does not apply to: (a) impounding, destruction or other disposition of an animal in a humane manner as authorized by law; (b) killing or injuring an animal where necessary to protect a human being or domes- ticated~animal from death or bodily injury; (c) the humane destruction of an animal by its owner or the owner's authorized agent. 3. Animal fighting. (a) no person may cause an animal to fight another animal or human being, whether for amusement of himself or others or for financial gain; or (b) train, or keep for the purpose of training, an animal for exhibition in combat with an animal or human being. (c) no person may permit his premises to be used for the'purposes described in paragraph 3a of this subsection, or be present as a spectator at an exhibition described in paragraph 3a of this subsection. · 4. Accident involving injury to animal. (a) The driver of a vehicle involved in an accident resulting in injury to an animal shall stop the vehicle as close to the scene of the accident as possible and forthwith inform the owner of the animal of the injury if the animal's ownership is readily ascertainable, or inform the Animal Control Office of the inJur~ if the animal's ownership is not readily ascertainable. (b) A driver shall inform the appropriate person under paragraph 4a of this subsection of the time and location of the accident, a description of the injured animal and the apparent nature of the injury. .... 3.15.010 LICENSE REQUIRED: No person may operate a ,kemlel, dog-fancier's facility or dog musher's facility · without having a license therefor issued pursuant to this chapter. 3.15.020 Licensing Procedure: 1. Application for a license under this chapter shall be to the chief animal Control officer. 'The application shall include; (a) the name and address of the applicant; (b) the number and breeds of dogs to be kept in the facility; (c) the type of facility the applicant proposes to operate under the license, and a 3-6 description of the proposed facility sufficient for the chief animal control officer to determine whether the facil- ity should be licensed as a kennel, dog fancier's facility or dog musher's facility. An application for a kennel license shall include a copy of a current Alaska~usiness license for the operation of the kennel and a Borough sales tax application or registration number. (d) the address of the premises where the applicant proposes to operate under the license, and the name and address of the owner of the premises~ (e) a diagram of the premises on which the applicant proposes to operate under the license. The diagram shall show the lot lines and the location and dimensions of yards and structures on the premises where the applicant proposes to operate under the license, designate the parts of the premises on which dogs will be kept, and show the location and ~se of structures on adjacent lots. The diagram need not be based upon a formal survey of the premises. (f) the license fee required by Section 3.05.100~ (g) proof of a current rabies vaccination for each dog kept in the facility that is~over the age of 3 months. 2. The Animal Control Office shall not issue a license under this chapter to any person who has been convicted of neglecting an animal or cruelty to an animal. 3. The Animal Control Office shall not issue a license under this chapter until it has inspected the premises where the applicant proposes to operate the facility, and determines that the applicant will operate the facility in accordance with standards set forth in Section 3.15.050. 4. The Animal Control Office shall prepare a written report of the inspection's findings, including any reason why the proposed facility does not meet the standards set forth in Section 3.15.050 and any steps which the applicant may take to make the facility qualify for a license. The Animal Control Office shall give the applicant a copy of the report. 5~ A license issued under this chapter shall expire on December 31st of the year in which it is issued. 6. An application to renew a license issued under this chapter shall be made at least 30 days after the license exp£res, and shall be made in the same manner as an appli- cation fo= a new license, provided that the applicant may rely upon materials submitted with his original application to the extent they accurately portray the current condition of the facility~ 7. The applicant shall be informed in writing that the application, or receipt of the license provided for in this 'chapter does not relieve the applicant of meeting all zoning ordinance requirements or any other applicable City, Borough or State laws or regulations. 8. The applicant shall agree in writing that the kennel, dog fancier's or dog musher's facility may be inspected by the chief animal control officer or his designee at any t~during bu~ine== hours of the permittee. 3-7 3.15.030 License Revocation: 1. If an inspection of a facility licensed under this chapter reveals: (a) the facility constitutes a health hazard; (b) the facility violates a City or Borough ordinance or regulation. (c) the facility violates a provision of this title, a term, condition or limitation of a license issued under this chapter or a city regulation promulgated under this title. The inspecting agency may so notify the operator of the facility, stating in writing the steps the operator may take to remedy the violation. 2. The inspecting agency shall allow a facility operator who has been notified of a violation under subsection 1 of this section a reasonable time not exceeding 15 days to remedy the violation. At the end of that period the inspecting agency shall reinspect the facility to determine whether the violation has been cured. . 3. If after reinspection the inspecting agency determines the violation has not been cured, or that new violations have occurred, the chief animal control officer may commence a proceeding to revoke the license for the facility under Section 3.15.040. 3.15.040 Hearings--Appeals. A person aggrieved by the granting, limiting, conditioning or denying of a license under this chapter may, within 15 days of the action complained of, apply for a hearing before the chief animal control officer or his designee. Upon timely application under this subsection, the chief animal control officer.or his designee shall hold a hearing to determine whether the license should be granted, conditioned, limited or denied. The person aggrieved may appeal the decision of the chief animal control officer to the City Council within 30 days whose decision shall be final. · Before revoking a license under this chapter the chief animal.control officer or his designee shall hold a hearing to determine whether the license should be revoked. The party aggrievedmay appeal to the City Council within 30 days of the decision whose decision shall be final. 3.15.050 Standards For Operating Facility: In operating a kennel, dog fancier's facility or dog 'musher's facility the operator shall= 1. Comply with the provisions of this title, the terms, conditions and limitations of any license issued hereunder and.any, city regulations promulgated under this ''~ .' "21'~6i4e shmlter adequate to preserve the health of the animals kept in the facility. 3. Maintain the facility in a sanitary condition. 4. Provide for the adequate care and feeding of animals kept in the facility. 5. Design and equip the facility so as to keep all animals on the premises. 3-8 6. Keep on that number of animals in the facility which is safe and health for the facility's sake. 7. Maintain the facility in such a manner that it does not constitute a nuisance to owners or occupiers~of land in its vicinity. 3.20.010 LICENSES REQUIRED: A person who owns a dog over the age of 6 months, other than in the operation of a kennel, dog fancier's facility or dog musher's facility, shall obtain a dog license for that dog pursuant to this chapter. 3.20.020 Licensing Procedure: 1. Application for a dog license shall be to the chief animal control officer. The application shall include: (a) the name and address of the owner of the dog; (b) the name, breed, color, age and sex of the dog; (c) proof that the dog has a current rabies vaccination; (d) the license fee required by Section 3.05.100; (e) written proof that the dog is sterile, if the owner seeks to qualify for the reduced license fee under Section 3.05.100(2). 2. A dog license shall expire on December 31st each year. 3. An application to renew a license issued under this chapter shall be made at least 30 days before the license expires, and shall be made-in the same' manner as an application for a new license. 3.20.030 Dov License Ta~s and Receipts: For each dog licensed under thLs Chapter, the Animal Control Office shall issue the owner a numbered receipt and a tag stamped with an identification number. To be licensed under this chapter, a dog must bear a license tag securely fastened to its choke chain, collar or harness, provided that the dog need not bear the tag while confined, in harness, in competition, in training or while hunting. No person may use a dog license tag or receipt for a dog other than the one for which it was issued. 3.20.040 Issuance of Licenses: The chief animal control officer may permit the submission of applications for licenses, and the issuance of licenses, under this ,chapter by mail. 3.20.050 Exemptions: Section 3.20.010 does not apply: 1. To a person who does not maintain a permanent residence in the City of Kenai when that person owns a dog for no more than 30 days. 2. To a person who presently has resided in the city for no more than 30 consecutive days. 3. To a person who does not maintain a permanent residence in the city when that person owns dogs for dog 3-9 mushing purposes for more than 30 days but no more than 90 days during the dog mushing season, provided he obtains a temporary dog musher's license. The Animal Control Office shall issue a temporary dog musher's license for ~o charge upon proof that all dogs for which the license is to be issued have a current rabies vaccination. 4. To a blind person, for the ownership of a seeing eye dog, or to a deaf person, for the ownership of a hearing dog. 3.25.010 IMPOUNDMENT PR0CEDU..~E.: 1. The following animals shall be subject to impoundment: (a) an animal found at large; and (b) a dog not bearing a license tag as required by SeCtion 3.20.030. '2. When an officer finds an animal subject to impound- ment and the officer knows the identity of the animal's owner, the officer may cite the owner rather than impound the anin~al. 3. An officer may pursue an animal onto private property in the course of effecting an impoundment under this section. 3.25.020 Procedure Upon I~poundment: An officer shall take an animal that he has imp0~ded to the Animal Control Shelter where the animal shall be confined in a humane manner for a period not less than that .prescribed in Section 3.25.030. Immediately upon receiving an impounded animal, the Animal Control Shelter shall make a reasonable effort to notify the animal's owner of the impoundment and the conditions under which the owner may recover the animal. .The Animal Control Office may file a complaint against the owner of an animal impounded for creating a disturbance or bein~ at large.. -3.25.030 Minimum Term of Impoundment: Unless it is subject to redemption and is sooner redeemed by its owner pursuant to Section 3.25.040, a dog bearing a license tag as required by Section 3.20.030 shall be impounded for not less tha~ 120 hours, and any other animal shall be impounded for not less than 72 hours, provided that an impounded feral animal endanger~ngAnimal Control Shelter personnel may be destroye~ forthwith. '~%~?"~3':25%0~0 'Redemption of Impounded Animal:_ Subjec~ to . . subsection 2 of this section, the owner may redeem an ~mpoun~e= animal upon proving his compliance as to that animal with the applicable licensing requirements of Chapter 15 or 20, and paying the applicable impoundment fees set forth in · ection 3.05.100.. The following animals shall not be subject to redemption~ 1. an animal that, in the Judgment of a licensed 3-10 i veterinarian, ought to be destroyed for humane reasons. 3.25.050 Availability. For Adoption= 1. A~the end of the minimum term of impoundment for an animal, or after such further period of impoundment as the chief animal control officer may allow,-the chief animal control officer shall determine whether the animal shall be made available for adoption. 2. None of the following animals may be made available for adoption= (a) an animal that shows symptoms of a major infectious or contagious disease, as determined by the chief animal control officer~ (b) an animal that in the judgment of a licensed veterinarian ought to be destroyed for humane reasons~ (¢) an animal determined by a court of competent jurisdiction to be vicious~ (d) an animal that is the subject of a hearing or appeal under Section 3.25.080. 3. The chief animal control officer shall determine the ter~during which an animal shall be held available for adoption, and the procedure for selecting the person entitled to adopt a particular animal. 3.25.060 Adoption Procedure= A person adopting an impounded animal shall pay an adoption fee to help defray the cost of impounding and caring for the animal in accordance with Section 3.05.100. A person adopting an animal shall comply with the licensing requirements of Chapter 15 or 20 as they apply to that animal. The chief animal c0ntrol officer may require by regulation that no impounded cat or dog may be adopted unless the animal has been spayed or neutered. If spaying or neutering is required under this subsection and i~ necessary at the time o~ the dogJs or cat's adoption, the spaying or neutering of the animal shall be done at the prospective ownerJs expense. 3.25.070 Dis~osition of Animals Not Made Available For Adoption= An impounded '~nimal that is the Subject of a hearing or appeal pursuant to Section 3.25.080 or criminal proceedings before a court of competent Jurisdiction shall be held in the Animal Control Shelter pending a final decision and any appeals from that decision. An animal other than one described in subsection i of ,this section that is not subject to redemption, and for any of the reasons stated'i~"~ection 3.25'.050(2) a-c is not ' being held for adoption, may be disposed of in a humane manner. 3.25.080 Hearings--Appeals~ 1. A person who owns an impounded animal,"who is not the subject of criminal proceed- ings related to the impoundment of that animal and who cannot redeem the animal because= (a) the animal is not 3-11 subject to redemption under Section 3.25.040(2); or (b) the chief animal control officer has disposed of the animal under Section 3.25.050 or Section 3.25.070 may, within 30 days after the impoundment of the animal, apply f~r a hearing before the chief animal control officer or his designee. Upon timely application under this subsection, the chief animal control officer or his designee shall hold a hearing. The decisions of the chief animal control officer may be appealed to the City Council within 30 days. The decision of the City Council shall be final. 2. The purpose of the hearing shall be to determine whether: (a) the animal was lawfully impounded; and (b) the animal was lawfully withheld from redemption or disposed of. 3. If, on the basis of the hearing, the chief animal control officer or his designee finds the impoundment, with- holding from redemption or disposition of the animal was not in accordance with law, the chief animal control officer shall~ (a) if the animal is in the custody of the Animal Control Shelter, order that the animal be returned to its ownerl ~b) if the animal has been disposed of, recommend to the Public Works Director and City Manager that the City Council authorize an award to the owner of compensation in the amount of the fair market value of the animal at the time of impoundment. 4. A person aggrieved by the decision of the chief animal control officer or his designee or an award authorized by the City Council may within 30 days of that decision appeal the decision to the City Council whose decision shall be final. 3.25.090 Protective Custody: 1. When an officer finds it is necessary that"'an"an~mal not subject to impound- ment be taken into the.custody of the ~nimal Control Shelter to preserve the animal"s health or safety, the officer may take the animal into protective custody. 2. The Animal Control Shelter shall maintain an animal in protective custody until the animal is redeemed by its owner, or for a minimum of 10 days, after which time the animal may be disposed of as an impounded animal. 3. The owner of an animal in protective custody may redeem the animal upon demand, without paying an impoundment fee, upon payment of a boarding fee as provided in Section 3.05.100(3)b or (3)c. 4. A person who owns an animal taken into protective custody and disposed of as an impounded animal may obtain a .,~eview-of. that disposition a~:.Provided Sn Section 3.25.080. 3.25.100 Interference With Officer or Employee: No person may interfere With hinde~ or molest an officer or Animal Control Shelter employee in performing a duty under this title. No person may release or attempt to release an animal from the custody of an officer or the Animal Control Shelter. 3-12 3.30.010 RABIES CONTROL; Rep0rt~~ Required= 1. The owner of an animal which has bitten a person shall notify the Animal Control Office promptly of the incident. 2. A person who has been bitten by an animal shall notify the Animal Control Office promptly of the ~ncident. 3. A physician or other practitioner of medicine who treats a person for an animal bite shall report to the Animal Control Office promptly the name and address of the person treated and such other information as may aid the Animal Control Office in the control of rabies. 4. A licensed veterinarian shall report to the Animal Control Office every animal which he examines and suspects to be infected with rabies. 3.30.020 DiSposition of Animals: 1. If an officer finds, an animal subject to impoundment under Chapter 25 and that.animal has been reported to the Animal Control Office under Section 3.30.010, or otherwise is suspected of being infected with rabies, the officer shall, impound the animal. If the a~imal is not redeemed within the minimum term of impoundment provided by Section 3.25.030, the chief animal control officer may direct that the animal be disposed of under subsection 3 of this section. Otherwise the animal shall be quarantined as provided in Section 3.30.030. 2. An animal other than an animal impounded under subsection 1 of this section that has bitten a person shall be quarantined as provided in Section 3.30.030. 3. When an animal has been diagnosed as rabid, or a licensed veterinarian suspects the animal is rabid, the Animal Control Office shall so notify the Department of Health and Welfare. 4. An unvaccinated animal that has been bitten by an animal diagnosed as rabid shall be destroyed immediately. If a bitten animal has a current rabies vaccination, the animal shall be revaccinated immediately and quarantined as provided in Section 3.30.030(2) and 3 for 30 days. 5. Except as this chapter provides otherwise, no person may kill a rabid animal or an animal subject to quarantine under this chapter, except to defend a human being from death or bodily injury. 6. The carcass of an animal suspected of being infected with rabies shall upon demand be surrendered to the State Department of Health and Welfare. 3.30.030 Quarantine of Individual Animal: 1. Subject ~o Section ~.30.020, an animal 'Ghat has bitten by puncturing or breaking the skin of a~erson shall be quarantined immediately. The chief animal control officer shall determine the duration of the quarantine of the animal, but that duration shall not be less than 10 days nor more than 14 days. 2. Conditions of quarantine: (a) subject to subsections 2b through 2d of this section, while an animal is quarantined, its owner shall confine the animal indoors or in a secure enclosure so that it cannot leave his premises, or come in 3-13 contact with persons or other animals. The animal may be taken outdoors for brief periods to relieve itself, provided it is kept on a secure leash under the control of an adult. The animal may be kept under equally secure conditions at a veterinary hospital or boarding kennel of the owner's choice. The owner shall inform the Animal Control Shelter where he is keeping the animal. Upon learning that a dog has bitten a human being, the animal control officer shall immediately notify the Department of Health and Welfare and inform said state agency of the place where said dog is impounded. The City may contract with persons knowledgeable with care and handling of well and sick dogs for inspection of the said dog for the 14 days of confinement to determine whether such dog is infected with rabies. For this purpose, persons so designated by the City and the animal control officer shall have'access to the premises where the dog is kept at all reasonable hours, and may take possession of the dog and confine it in the designated dog pound of the City or other suitable place at the expense of the owner. The owner or person ~n possession of harboring such dog under observation shall immediately notify the Department of Health and Welfare of the State of Alaska of any evidence of sickness or disease in the dog during its period of confinement and shall promptly deliver its carcass to the appropriate agency in the event of the animal's death during the said period. (b) No person may release an animal from quarantine without the written consent of the chief animal control officer. The Chief Animal Control Officer may require that an animal be inspected bofore releasing it from quarantine. (c) No person may remove a quarantined animal from the city without notifying the chief animal control officer in writing at least 48 hours before the intended removal and obtaining the written consent of the chief animal control officer to the removal. (d) The chief animal control officer may direct that a quarantined animal be confined at the Animal Control Shelter. 3. The owner of a quarantined animal shall bear the expense of keeping the animal while it is quarantined, wherever it is kept and whether the location of its quarantine is selected by its owner or directed by the chief animal control officer. When a quarantined animal is kept at the Animal Control Shelter, the owner shall be charged for its upkeep in accordance with Section 3.05.100(3)b or 3c. 3.30.040 ~reawide Quarantine: 1. When the City Manager finds that an a~imal 'in the city has been positively · diagnosed a~ infected with rabies, the Mayor may declare an areawide rabies quarantine for a period of 30 days. 2. Duringan areawide quarantine every animal shall be confined in accordance with Section 3.30.030. No animal subject to areawide quarantine may be removed from the city without the written permission of the Mayor or his designee. 3. If additional positively diagnosed cases of rabies occur during the areawide quarantine period, the Mayor may extend the duration of the areawide quarantine for up to an additional 6 months. 3-14 4. NO person shall violate the Mayor's proclamation and any dog running at large during the 'time fixed by the proclamation shall be killed by the Police or animal control officers without notice to the owner. 3.30.050 Rabies Immunization Required: No person may own a dog or cat over 3 months of age that does not have a current rabies vaccination. 3.30.060 Immunization Records: 1. Upon immunizing an animal for rabies, a license~ veterinarian shall record on a rabies vaccination certificate form approved by the State Division of Public Health, in triplicate, the following: (a) the name and address of the owner of the animal; (b) the na~e, age, sex, breed and color of the animal; (c) the date of the immunization; (d) the type of vaccine used; and (e) the name and signature of the veterinarian performing the immunization. 2. The veterinarian shall give the original copy of the form to the owner of the animal, and may retain the second copy. 3.. The city may supply licensed veterinarians with the forms described in subsection 1 of this section. 3.30.070 Use of False Certificates Prohibited: No person may issue or transfer a certificate or receipt for a rabies immunization where the person knows that no such immunization has been a~ministered. No person may procure, receive, use or attempt to use a certificate for a rabies immunization as proof of the immunization for any animal other than that for which the certificate or receipt was issued. · 3.30.080 Annual Rabies Vaccination Clinic: At least annually the Antmal Control office shall assure that a rabies vaccination clinic is held at which vaccinations shall be available. 3-15 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "CITY ADMINISTRATION BUILDING" AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN SUCH FUND BY $50,000. WHEREAS, the City has received a grant from the State of Alaska, Department of Community and Regional Affairs to develop a conceptual plan for a new city administration building, and WHEREAS, proper accounting practices require that all appropriations of C~ty monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a Capital Project Fund entitled "City A~mini~tration Building" be established, and estimated revenues and appropriations in such fund be increased as follows: Increase Estimated' Revenues: State Grants $50,000 .~' Increase Appropriations: Architectural Engineering Administration $49,000 1~000 -$50,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. VINCENT O' HEILLY, MAYOR ATTEST~ Sue C. Peter, City Clerk First Reading= June 20, 1979 Second Reading: July 5, 1979 Effective Date= July 5, 1979 CITY OF KENAI ORDINANCE NO. 511-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "REDOUBT WAY PAVING." WHEREAS, the Redoubt Way Paving Capital Project is now complete, and WHEREAS, certain line items, as well as the total project, have incurred cost overruns for which appropriations should be made, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 0FKENAI, ALASKA that the following increases in estimated revenues and appropriations in the Capital Project Fund ent£tled "Redoubt way Paving" be made= Increase Estimated Revenues: Contribution from Fund Balance, 1974 Refunded Bond Issue (Streets) $1,658 Increase Appropriations= Engineering $ 305 Construction 1,353 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST VINCENT O'REILLY, MAYOR Sue C. Peter, C~gy Cl~rk First Reading= June 20, 1979 -~_;~,~.;~.o-:-:~_=~.;. -_ Second Reading: July 5, 1979 Ef[ective Date= July 5, 1979 Approved byFinance= [~ Ae Be AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 20, 1979 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE ROLL CALL AGENDA APPROYAL HEARINGS ' 1. Ordinance 499-79, amending Ord. 436-78 by decreasing estimated revenues/appropriations to reflect State of Alaska participation in the purchase of snow removal equipment for Airport 2. Ordinance~500-79, amending Ord. 290-76, Kenat ~lunieipal Airport Regulations 3. Ordinance 503-79, amending Personnel Regulations by adding classification & pay plans 4. Ordinance 504-79, authorizing sale of lot 2, Spur Subdivision 1, 16.25 acres PERSONS PRESENT SCHEDULED TO BE HEARD 1. JeckThompson, lessee MINUTES I. Minutes of the regula~ meeting of June 6, 1979 2. Minutes of the special meeting of June 16, 1979 E. CORRESPONDENCE 1. Community & Regional Affairs - C~.IP funding 2. JameaB. Ca~te~, Sr. - extension ofte~m of lease F. OLD BUSINESS 1. Resolution 79-65 -- still pendin~ 2. Discussion - Float Plane Basin $. Discussion - By-pass sewer line hEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Requisitions exeeed~g $500 3. O~dinanee 505-79, establishing procedures for receiving applications for financing ~.4 by the issuance 'of ~lunicipal Industrial Development Bonds 4. Ordinance 506-79, inereasin~ e~:lmated revenues/appropriations "Facilities DesiLm" - $4,875 5. Ol, dtnanee 507-79, creating capital project "Willow Street Luminaries" 6. Ordinance 508-79, amending Ord. 129. regulating oil and gas well drilling within City 7. O~linance 509-79, amending Code providing for new Animal Control Ordinance $. Ordinance 510-79, creating capital project "City Hall" 9. Ordinance 5U-79, increasing estimated revenues/appropriations "Redoubt Way Paving" I0. Resolution 79-90, awarding ~*adio maintenance contract to Southcentrai Communications 11. Resolution 79-91, accepting grant from State for design study for a City Hall complex 12. Resolution 79-92, transfer of funds in capital project "Street Improvements- Pai[e Two, AGENDA June 20, 1979 -h I$. Resolution 79-93, establishing Local Roads and Trails Program for 1979, 90, 'and 14. Resolution ?9-94, transfer of funds for additional survey and appraisal work 15. Resolution 79-95, transfer of funds to close out Airport Phase I ~ II (Loop) projects 16. Resolution 79-96, transfer of funds for insulation around the Jail facility 17. Resolution 79-97, awarding Janitorial contracts for Police, Library and Airport Terminal I$. Application for permit for authorized games of chance and skill 19. Payment to Wince, Corthell, Bryson and Freas - consulting enl~ineers 9.0. Payment to CH2M Hill 9..1. Payment to Ted Forsi & Associates 9.2. Pertodio Pay Estimate - PR&S 23. Final Pay Estimate - Rockford Corporation 24. Rental A~eement - City of Kenai, lessee and Philip Evans d/b/a Kenai Public Storage 9.5. Kenat-Soldotna Communication Contract 9.6. Special Use Permit - Kenai Ai~ Alaska 9.?. Lease of Ah'port Lands oi, Facilities - Kenai Afl' Alaska 9.$. Lease of Airport Lands or Facilities - Avis .. 9.9. Amendmeflt to Lease - Alaska Aeronautical Industries, Ino.; Kenai Steel Buildings; and Kenai Peninsula Community Cat'e Center H. REPORTS I. 'City Manage~ .- 9.. City Attorney $. Mayor 6; Plannin~ & Zoning Commission ....... ?. Kenal P~_n_t_n_sula Borough Assembly $.' Public Works Committee. fi'om .Counc_fl. I. PBR~ONS PR~$RNT NOT SCHEDULED TO BE HEARD AD;IOURNI~NT I~NAI CITY COUNCIL - REGULAR MEETING JUNE 20, 1979 - 7:00 P.M. ~.NAI PUBLIC S.AFETY BUILDING MAYOR VINCENT O*REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Ron Malston, Vincent O'Reilly, Phillip Abet*, Edward Ambarian, and Cherles Bailie Absent: Michael Seaman and Betty Gliek AGENDA' APPROVAL · Mayor O'Reilly advised that the order of the agenda would be adjusted in order to .. resolve the~more pressing matters of business prior to Councilman Ambartan reti~mff .[ from the meeting which may constitute in lack of a quorum to continue the meeting. Mayor O'Reilly advised that the Council would proceed as follows: ..... 1. Reconsideration of motion for termination of City Manager 2. Bills to be paid and bills to be ratified - ._ 3. Requisitions exceeding $500 [.' 4 :~ Items G-18 through (t-29 "5. Proceed on re_m~_i_~der of agenda accordingly Council so conemwed '-' RRCON$1DnRATION OF TERMINATION MOTION MOTION: · · -~ 'Councilman Nalston moved, seconded by Councilman Ambarlan, for reconsideration of the .- subject rslative to the tex~nination of forme~ City Manager John Wise. ~- .._ Motion passed unanimously by roll eall vote. MOTION: ' .;C ..oun_~c~l~_ .an~l~... sto.n ~3oved, .seconded by. Councilman Amb_a~__,_ i'or..amjndm~l.~of..tile_ .... ......... e~_ :mstgtnal motion f6v dismtasal-of City Manafer, John Wise as follows: That the City CounetI-' ...-:... .hereby dismisses City Manager, John Wise from his position with thirty (30) days notice, os' an effective date of July 23, 1979. That he be lrlven a written notice of said termination embodying in det_~t_! the reasons for said termination as presented at the Public Meeting ..".:__ a~ the special meeting of June 16, 1979 which statement will notify him of his right to have a public hearing thereon. In the interim, the duties of the City Manager will be performed b~ an Aem~ city mmager." Motion passed un,n! _m_ously by tull call vote. MOTION: Councilman Ambarian moved, seconded bF Councilman 1Vvaiston, to appoint Charles Brown as acting City Manager. Motion passed unanimously by roll call vote. G-l: Bills to be paid - bills to be ra~ed Acting City Manager Charles Brown requested that approval of the $1,000 payment to Homer Electric Association be contingent upon receipt of documentation that they accept the City'.s counter offer as payment in full of their claim. MOTION: Councilman Ambarian moved, seconded by Councilman Bailie, for approval of payment in the mount of $I,000 to HBA contingent upon receipt of documentation of HEA's aecoptanee of payment in full for their claim against the City of Kenai. Motion passed unanimously by roll call vote. MOTION: Councilman Ambartan moved, seconded by Councilman Malston, for approval of bills to be paid and bills to be r~_t!~ed as submitted with the special exception of the HEA payment. Motion passed unanimously by roll eail vote. (1-2: Requisitions exceedin~ $500 MOTION: Councilman Ambarian moved, seconded by Councflnmn Maiston, for approval of ~equtsitions exceeding $500 as presented this date. Motion passed unanimously by roll oall vote. Councilman Ambarian requested that Administration px~eeed with obtaining cost fox. appraisal of the Mukh~k Building through Frykholm Appraisal and conduct a telephone poll concerning same. ~-18: Application for permit for authorized game.s of chance and skill The~e was no objection for the application of Kanai Junior High School. ',19: Payment Wince-Corthell MOTION: Counoilm~ Ambarian moved, seconded by Councilman Malston, for approval of payment to Wince-Corthell, Bryson and Fx.eas as follows: Job #78-19 - $1,848.54; and Job #78-45 - $19,489.94. Motion passed unanimously by roll cai1 vote. Job#T8-19-3 - $3,369.10; Payment to CH2M Hill MOTION: Councilman Ambax.ian moved, seconded by Councilman Malston, fox' approval of payment to CH2M Hill fox. Invoice #9817 in the amount of $32,000. Motion passed with Councflmembex. Abex. abstaining. (t-21: Payment to Ted Fox.si & Associates MOTION: Counctlman.Ambarianmoved, seconded by Couneilman Malston, fox. approval of payment toTedFox.si & Assoolatesasfollows: ProJeet~863 - $795.80; Project#7862 - $1,727; Px.o]e~t#7861 - $1,661and Project#?860 - $838.51. Motion passed ~_~__-_~ntmously by roll call vote. (3-22: PeFlodi~ Pay l~stimate PR&S Councilman Ambarlan moved, seconded by Councilman Malston, foF approval of payment in the amount of $23,815.46 to PRSS for 1979 Water, Sewer and S~ast ImpFovemente. Motion passed unanimously by roll call vote. 0-23: Final Pay Rstimate - RoekfoFd NOTION: Councilman Ambat. ian moved, seconded by Councilman Ballie, fox. approval of final pay estimate in the amount of $15,946.81 to .~.ockfo~d Cox.potation fox. impFovements to water' supply and distx.ibution system contingent upon completion of the 'Duneh list" and approval by the Public Works Dh'~r. NOTION: Councilman Ambartan moved, seconded by Councilman Malston, fez. lease of stox.~e space by the City of Kenai from Philip Evans d/b/a Kenal Public Storage for a sum of $103.50 pm, month for a te~n of one yeaF. '~ Motion passed unanimously by roll call vote. June 20, 1979- Page 4 G-25: Kenai-Soldotna Communications Contract City Attorney Schlereth advised that the City of .qoldotna has siLmed the aKt'eement and it has been reviewed extensively by both the Police Chief and the Fire Chief. MOTIOi~.; Councilman Malston moved, seconded by Councilman Bailie, fox. appx'oval of communications eontx.act between the City of Kenat and the City of $oldotna fox. a period of one year at ' the annual rate of $38,500. Motion passed unanimously by ~oI1 call vote. G-28: special Use Permit MOTION: .... -- 'Councilman*'Ambarian moved, seconded by Councilman Malston, fox. appx.oval of · - . t~peetal use permit for Kenai Air Alaska to opex'ate a direct telephone and display a poster '-: in the Airport Terminal for a period of one yenx. at a total fee of $108 plus tax. Motion passed unanimously by roll call vote, ..... ~._(~-27: Lease of Airport Facilities MOTION.; .. 'C~tmeilman Ambarien moved, seconded by Councilr~an Malston, for approval of lease of Airport Terminal space to Kenai Air Alaska for Counter space #19A for a term of one -F~ ..m*..at the annual rental of $1,188. -.';: :: .': -' 'Motion passed unanimously by roll call vote. --;- G-28: Lease of Ah*port MOTION: · -:' Councilmen Ambarian moved, seconded by Councilman Mals~n, f~ sppFoval of ~..~ "lease of Counter apace ~28 and 18 square feet of ea~go space for a te~n of one year at an -._ ~mual ~ental of $835.92. · M passed .u? o sly _by roll c,U Rte. ,.:~.[~ G-2O: Ameadment to leases -" ":' MOTION:"[ * cmmetlman Bailie moved, seconded by CouncilnMn Ambarian, fox. approval of amendment ".~j.'~lse of Alaska Aex, onautieal Industries, Inc. for a renegotiated fee of $20,676.24 per yea~. : 'MStion passed unanimously by roll call vote. June ~0. 1979 - P~e 5 MOTION: Councilman Bailie moved, seconded by Councilman Ambarian, to'amend the lease of Kenat Peninsula Community Care Center to extend the termination date of lease to June 30, 1980. Motion passed unanimously by roll call vote. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for approval of amendment to lease for Kenal Steel Building to extend the termination date to June 30, 1980. Motion passed unanimously by roll call vote. B. HEARINGS B-l: O~linance ~99-79 Mayor O'Reilly read Ordinance 499-79 by title only. ~An ordinance amending Ord. 436-78 by decreasing estimated revenues and appropriations in the Federal Revenue Sharing fund to reflect State of Alaska participation in the purchase of snow removal equipment for the airport." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilman Awbarian, ~or adoption of Ord. 499-79, decreasing estimated revenues/apprropriations to reflect ,~tate participation in the purchase of snow removal equipment. Motion passed ~_~ntm~usly by roll call vote. B-Z: O~d. 500-79 Mayor O'Reflly read Ord. 500-79 by title only. "An ordinance mending Ord. 290-76 Ksnal Municipal Airpert Regulations." There was no public ~omment. MOTION': ' - ....... ' -' Councilman Amblndan moved, seconded by Councilman Bailte, fer adoption of O~d. 500-?0, amending the Atrpert Regulations. 'Councilman Ambartan inquired if the City had received clearance from the FAA for approval of use of the area for a grass/ski stl-lp and was advised that word had not yet been Feeetved ft'om the FAA. · illlllrl I I ]1 I I I i° lll~ ~ ~ /-~IOTION: Councilman Ambarian moved, seconded by Councilman Bailie, to table Ord. 500-79, amending the Airport Regulations. , -. Motion passed unanimously by roll call vote. B-3: Ord. 503-?9 Mayor O'Reilly read Ord. 503-79 by title only. "An ordinance amendinE the ~e~sormel,. Regulations of the City by addtnll thereto a classification plan and a pay plan." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Melston, for adoption of Ordinance 503-?9, amending the Personnel Re~flations to add the classification and pay plan F~ 79-80, Motion passed by ~11 cell vote with Councilman Ambarian voting no. B-4: Ordinance 504-79 Mayor O'Reilly read Ord. 504-79 by title only. "An ordinance authorizing sale of lot 2, .Bp .ur SU~. divicton 1, 16.25 acres and establisb_t_~ terms and conditions of such sate." There was no public comment. MOTION: Councilman B~!e moved, seconded by Councilman Ambarlan, for adoption of Ord. 594-79, authortzin~ sale of Lot 2, Spur Subdivision and establtshinl~ terms and con- dttions of guch sale. Motion passed unanimously by roll call vote. Councilman Ambartan r~luested that Administration return next meetin~ with procedures for ~ the lands with brokers, etc. C. PBRSON$ PRESENT SCHEDUI,1/D TO BE HEARD C-h Jsok Thompson -...g.- ... _. .~ · Mr. 'Thompson came be[fore Council relatiVe to the renegotiaflon'of lease '~'~te on Lot 10 and Lot il, Alyeska Subdivision, an.d by which Mr. Thompson was now prepared to offee $.05 square foot on Lot I0 and $.05/squara foot for lot ll,whieh is double the curr~nt rote. Mr. Thompson also requested an amendment to his lease so that they would become due concurrently. Councilman Ambartan stated that he felt the matter should be discussed in the Public Works Committee meeting relative to past discussions and cer~espondence with Mr. Thompson I[I iii 'l I ' 'l'l 'l I .... - ..... F In June 20, 1979 - Page 7 and Mr. Thompson's offer. Mayor O'Reilly requested that the record show that M~. Thompson's attorney, C. R. Baldwin, was present in the audience. D. MINUTES D-l: Minutes of the re~lar meeting of June 6, 1979 Approved as distributed D-2: Minutes of the special meeting of June 16, 1979 Approved as distributed. E. CORRESPONDENCE E-l: CEIP Funding - Community & Regional Affairs Mayor O'Reflly advised that a meeting was scheduled for Friday r~lative to the CBIP funding and would encourage attendance by members of Council and Administration. James Carter - request for extension of lease Mayor OtReflly advised that the correspondence would be held in abeyance until the appraisal of the building on the subject property has been completed. F. OLD BUSINESS F-I: Remained tabled F-2: Dtseuasion Float Plane Basin MOTION Councilman Ambarian moved, seconded by Couneilm. an ~alston, to table discussion relative to the Float Plane Basin. Motion passed unanimously by roll call vote. Discussion - By-pass, sewe~ line Loren Lehman, r. epresenting CH2M H~I1, presented Council drawings and recommendations a~ld reported that the by-pass interceptor proJcot was moving along well and they were n~_ ~hl~ ~ood pro~ress. Mr. Lehman submitted a map showin~ proposed by-pass routes and scheduling. Mr. Lehman stated that the critical element was the Step I~ application which must be submitted soon for the construction phase of the project. Mr. Lehman explained the advantages and disedvantaffes of the two proposed routes and recommended the ~/lission-Ccok route" and fm, ther recommended that CH2M H~_I__I be ~tven notice to p~oeeed with preparation of the Step III application should the City wish to be~n const~uction this year. Councilman Abet a~'eed with the recommendations of CH2M Hill as the proposal would involve less money and constr~ction on the overall project. Councilman Abet suggested that as time was of the essence, perhaps a portion of the project could be started in this construction year and eomgletion scheduled for spring. MOTION: ' Councilman Ambarian moved, seconded by Councilman Nlalston, that the Council hereby accepts the recommendation of CH2M Hill for approval of the "Mission-Cook route" for the Kenai Central Sewer Interceptor project. Motion passed with Councilman Abet abstaining and Councilman Bailie voting no. Acting City Manager Charles Brown advised that no funds had been appropriated for Step III which would require an ordinance. MOTION: Council~an Ambarian moved, seconded by Councilman Malston, that Administration be authorized to advise CH21~ Hill to proceed with the final design on Step IH and Council further authorizes the Administration to accept the grant and sign the documents accordingly-for the City of Kenal. Motion passed with Councilman Aber abstaining. Council requested that the proper appropriating ordinances be prepared for submission at the next meeting of Council. Ord. 505-?9 Mayor O'Reilly advised that Wohlforth & Flint have submitted a letter to the City of Kenai indicating their willingness to serve as bond counsel for the City on the revenue bond financing matters. Mayor O'Reflly also advised that word has been received from Foster ~nd Marshall that they would be available to serve as financial consultants to the City relative to the matter. Mayor O'Re!!!y stated that the City should negotiate the fee and the scope of work to be required. MOTION: Councilman Ambarian moved, seconded by Councilman ~alston, for approval of Wohlfo~h & Flint to serve as the City's bond counsel subject to negotiation of fees and scope of work. Motion passed unanimously by roll call vote. Councilman Batlte moved, seconded b~'Couh6il'man lmba~i~n, for approval o~'" " Foster-Marsh~!! to serve as the City's financial advisers subject to negotiation of fees and the acope of work required. Motion passed unanimously by roll call vote. Mayor O'Reilly read Ordinance 505-79 by title only. "An ordinance establishing a pre- cedure for receiving applications for financing by the issuance of Municipal Industrial Development Bonds." June 20, 1979 - Page 9 I~qil'ION: Councilman Malston moved, seconded by Councilman Ambartan, for introduction of Ord. 505-79, establishing procedures for financing by the issuan;e of industrial revenue development bonds. Motion passed unanimously by roll call vote. G-4: Ordinance 506-79 Mayor O'Reilly read Ordinance 506-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Capital P~ojeet fund entitled "Facilities Designn by $4,675." MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for introduction of Ordinance 506-79, 'Facilities Design" and increasing appropriations/revenues by Motion passed unanimously by roll call vote. 0-5: Ordinance 50?-?9 Mayor O'Reilly read Ordinance 50?-?9 by title only. "An ordinance creating a Capital Project fund entitled "Willow Street Luminaries" and increasing estimated revenues and appropriations in such fund by $?5,000." MOTION: Councilman Ambarlan moved, seconded by Councilman .~lalston, for introduction of Ordinance 507-79, e~eating a capital project fund "Willow Street Luminaries," Motion pasi~ed with Councilman Bailie voting no. G-6: Ordinance 508-79 Mayor O'Reilly read Ordinance 508-79 by rifle only. "An ordinance amending Ord. 122, ~,egulating oil and gas well drilling within the City of Kenai and adding such regulations to the Kens/Code." MOTION: -:- ..Councilman Malden moved, seconded by Councilman Ambarian, for introduction of O~.d. 508-?9, regulating oil and gas well dr!_!!!_ng .within the City, including the amendment provided by the City Attorney. M~tion passed unanimously by roll eau vote. Ordinance 509-?9 Mayor O'Reilly read Ordinance 509-79 by title only. "An ordinance amending the Kenai Code as amended providing for a new Animal Control Ordinance to replace the existing Animal Control Ordinance." June 20, 1979 - Page 10 NOTION: Councilman Ambarian moved, seconded by Councilman Malston, for introduction of Ordinance 509-79, providing for a new Animal Control Ordinance. Notion .passed unanimously by roll call vote. Ordinance 510-79 Mayor O'Reilly read Ordinance 510-79 by title only. nan ordinance establishing a capital project fund entitled "City Administration Butldin~'" and increasing estimated revenues and appropriations in such fund by $50,000., MOTION: Councilman Malston moved, seconded by Councilman Ambarian, for introduction of Ordinance 510-79, establishing a capital project entitled "City Administration Building:' Notion pasa/~d unanimously by roll call vote. 0rdinanee Mayor O'Reilly read Ordinance 511-79 by title only. nAn ordinance increasing estimated revenues and appropriations in the capital project fund entitled "Redoubt Way Paving," ~MOTION: Councilman Malston moved, seconded by Councilman Bailie, for introduction of Ordinance 511-79, increasing estimated revenues/appropriations in "Redoubt Way Paving:' Notion passed unanimously by roll call vote. G-10: Resolution 79-90 Mayor O'Reilly read Resolution 79-9~) by title only. "A resolution awardin~ the radio maintenance contract for the maintenance of the radios, intrac system, dictaphones and pagers of the City of Kenai for the fiscal year 1979-80." NOTION: Couneliman Ambaidan moved, seconded by Councilman l~alston, for award of radio __w~_ ~_,~tenance contract .to Southeentral Commurflcations for $879.75 per month. N,ayol. O'Reilly. opened the meeting to the public .................. - .~ Mt,. Robert Johnson, Motorola, stated as the maintenance contractor on the system for the past few yea~s, he was concerned about the qualifications of Southcontral as it is a very highly sophisticated system. Mr. Johnson further commented that his representatives wez'e specially trained for the system and his eom .~any keeps spare paris on-hand. Brian Nolan of Southcantral, advised Council that he had made arrangements for specialized training with regard to the Intrac System and his company also had a supply of spine parts on hand and felt that his company was equally qualified to maintain the June 20, 1979 - Page Il ~UESTION: Motion passed with Counctlmembers Abet and Bailie votinl: no. O-11: Resolution 79-91 Mayor O'Reilly read Resolution 79-91 by title only. 'A resolution aeceptinil a g~ant from the State of Alaska in the amount of $50,000 for a design study for a City Hall eomplex.~ There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilman Malston, for adoption of Resolution 79-91, accepting a $50,000 ~rant fi, om the State for design study for a City Hall. Motion passed unanimously by Resolution ?9-99. roll call vote. Mayor O'Reilly read Resolution ?9-92, t~ansferTtnt~ $3,370 in the capital project fund entitled "Street Improvements" to pay l~'ince-Cox, thell invoice of May 5, 1979. There was no public comment. ..~IOTION: Councilman Bailie moved, seconded by Councilman Malston, for adoption of Resolution 79-92, trans~err!_n_~ $3,370 in "Street Improvements," Motion passed u~_~dmously by roll call vote. (t-13: Resolution ~9-93 Mayor O'Reilly read Resolution ?9-93 by title only. #A resolution establishing the Local Reads and Tx, ails P,~ gram for 1979, 1980 and 1981." There was no public comment. MOTION: Councilman Ambartan' moved, seconded by Councilman Malston, for adoption of Resolution ?9-93, establishinl~ the Local Roads & Trails Program FY 79-80-81. Motion passed with Councilman B_~!I!~_ voting no. (t-14: Resolution 79-94 Mayor O'Reilly read Resolution 79-94, ~anafem-lng $3,300 for additional survey and appraisal work. The~e was no public com__m__ent. MOTION: Coune!!m~,~ Malston moved, seannded by Councihnan Ambarian, for adoption of June 20, 1979 - Page 12 G-IS: Resolution ?9-94, transferring monies in the General Fund Budget in the amount of $3,300 for survey and appraisal work. Motion passed unanimously by roll call vote. Resolution '/9-95 Mayor O'Reflly read Resolution ?9-95, transferring monies in the amount of $1,106 in Airport Phase I and II LPW Capital Projects to provide funds in the proper line item to close out the project per final payments approved by Council. There was no public comment. MOTION: Councilman Malston moved, seconded by Councilman Be/lie, for adoption of Resolution 79-95, transfer of $1,106 in LPW Capital Projects Ah*port Phase I and II (Lsop). Motion passed unanimously by roll call vote. G-16: Resolution ?9-96 Mayor O'Reilly read Resolution 79-96. Transferring monies in the amount of $2,100 in the State Jail Contract Special Revenue Fund to provide monies for insulation to be installed around the Jail facility. There was no public comment. G-l?: Resolution ?9-9? Mayor O'Reilly read Resolution 79-97 by title only. VA resolution awea. ding Janitorial contracts fo~ the Police Depm'tment, Library and AL-po~t Terminal, for the period July I, 1979 to June :JO, 1980.' Mayor O'Retlly opened the meeting to the public. Nancy Cum'y of Busy Bee ~'nn~risl Service inquired why the contracts had been all awat*ded to Seevlc~Master when, in fact, their firm had been lower in some instances? Councilman Ambartan advised that the various bids were discussed in a work session mid it was the consensus of Council present at the work session that the bids be awarded.' to a fh'm who had been in the a~ea fo~- some time and provided a service in the past fi, om which the City could base an evaluation of past Job performance. MOTION: Councilman Ambarian moved, seconded by Councilman l~alston, for adoption of --~ Resolution 79-97, awm'ding Janitorial contracts for the police department, library '~/' end Ah, port Terminal to SemdceMaster for the period of July 1, 1979 to June 30, 1980. Motion passed by roll eau vote with Councilmembers O'Reilly and Abet voting no. H. REPORTS June 20, 1979 - Page 13 City Manager Report H-2: City Attorney (a) City Attorney Sehlereth advised that Borough Attorney Joe Kashi has requested that Council give approval for the Borough to act as the City's agent in matters before the Alcoholic Bevera[~e Control Board. City Attorney Schlereth reported that the City would still be asked for approval of applications as has been the policy in the past. MOTION: Councilman Bailte moved that the Borough be authorized to act as the City's agent in Alcoholic Beverage Control Board matters relative to licensing within the City of Kenat. Motion died for lack of second. Mayor Mayor O'Reilly reported that City officials met with representatives of Wien today and if the xamway project will allow for utilization of the full 7,500 feet of mmway, the first inau~u, al flight for Wien fi'om Kenat to Seattle is tentatively scheduled for July Std. Mayor O'Reilly advised that representatives from Pacific Alaska LNG would be meeting with members of Council at lh 00 a.m .Thursday at the Sheffield House. -4: City Clerk City Clerk Sue Peter read the results of telephone polls conducted on June 15, 1979 the ih, st being approval of transfer of funds in the amount of $34.00 from At~po~t M~O repair' and m~t_ntenance to Airport M&O repah, and maintenance supplies to purchase ba~s of.cement to complete installation of tie downs end the second betn~ approval to purchase one collector ~ for the repair of the backhoe at a price of $1,276.46. Councilmembers Ambarlan, Gltck, Melston, Baffle end O'Reilly were polled and voted .unanimously for approval. AD JOIT The~e betn~ no further reports, Mayor O'Reilly adjourned the meeting at 9:45 p.m. Respectfully submitted, VENDOR FOR APPROVAL PERS B & C Supply Doyle's Fuel Service Nachinary & Drill Steel Notorola SeFvicenaster THE FOLLOWING ITDI8 ARE OVER $500.00 I~tlCW NEED COUNCIL APPROVAL OR RATIFICATION 7/5/79 AHO~NT DESCRIPTION A/C CHARCE PROJECT/DEPT. 16,686~29 June Retirement 818.96 Tubing/Seal Beams Wash & Wax Supplies Batteries/Hoses Filter/U-Joint Gasket Paint Fire Wrench Shop 985.90 Oil Shop 1,057.85 Rebuild Cyclo-blower STP 1,927.93 Radio & Installation Comunications Batteries Animal Control Radio W/Charser Jail 605.19 June Janitorial Services Police June Janitorial Services Library Various Departments Retire~ent Shop Operating Supplies Police Operatlns Supplies Shop Repair/Maint. Supplies Repair/Maint. Supplies Small Tolls/Minor Equip. Operating Supplies Repair i Maint. Repair & Haint. Operating Supplies Hachinery & Equip. Professional Services Professional Services RenVale~tiae 2,050.00 Nastera Utilities 507.60 IBM 2,774.50 Special Assessment Profftam Finance Copper Pipe Shop Copier Do~a Payment Won-Departmental Transfer of Funds Central Treasury Hay Workmen's Comp. Various Departments June State W/R General Fund June Federal W/M ~e~eral Fund June Credit UnionW/R General Fund FOR RATIFICATION City of genal-EDA 28,793.81 Claw Insuraace Aseacy 2,911.00 Alaska Dept. of Revenue 5,248.00 National Bank ofAl~ska 24,807.00 AIi Hu~icipal Employees 7t662o00 Federal Credit Union Professio~a! Services Repair/Naiat. Supplies Rentals Transfer of Funds Workmen's Compensation Liability Liability Liability Beaver Janitorial 2,187.50 National Bank of Alaska 275,000.00 June Janitorial Services Tetmienl Certificate of Deposit TCO 6/26/79 Professional Services Central Treasury let Nat'l hnk of /mchorage 250,000.00 Certificate of Deposit TCO 7/3/79 Central Treasury National _~_~k of Alaska 100,000.00 RICO 6/29/79 Central Treasury Central Treasury AI4OUNT P.O. 16,686.29 78.55 02189, 01534 28.16 02188 629.04 01957, 02156 02196, 02200 02201 & 02266 76.32 02095 6.89 02138 985.90 1,057.85 01771 218.93 02009 26.00 02204 1,683.00 02216 230.19 00044 375.00 13059 2,050.00 02212 507.60 02129 ~,77~,50 .. 28,793.81 2,911.00 5,248.00 24,807.00 7,662.00 2,187.50 13055 275,000.OO 250,000.00 i00,000.00 REQUISITIONS OVER $500,00 ~IIC[! NEED COUNCIL APPROVAL 7/5/79 VENDOR DESCRIPTION DEPARTMENT ACCOUNT genai Auto Repaint Engine ~1 Fire Haller Construction Repair Nater Tank Fire Bowman Distributors Hist. Supplies Shop HcNaughton Book Service Book Rental Library IBN NagCard Eaecuttve Rental City Clerk IBI4 NaGCard-A Rental City Attorney Kenai Steel Building Office Space Rental Dept. of Revenue Glad Real~y Public Storage Rental Hon-Depar~mna~al Service~aster Janitorial Services Police Xerox Copier Rental Pollce/Fire/Jail Service~aster Janitorial Services Library Xerox Copiar Rental Library Se~vice~aster Janitorial Services Te~inal IBlt Service Agreements Various IEH 12 Hon~hly Rencral Payments Various on copier A~aska Clea~era Laundry 7/i/79~6/30/80 Various A~0UNT Repair & Naint. 3,510.00 Repair & Naiat. 700.00 Operating Supplies 1,007.69 Rentals 2,043.26 Rentals 2,386.20 Rentals 2,677.20 Rentals 2,655.00 Rentals 1,242.00 Professional Services 3,191.&4 Printing & Binding 2,100.00 Professional Services 4,800.00 Printing & Binding 2,280.00 Professional Services 29,916.00 Repair & Naint. 969.42 Printing & Binding 6,035.29 HiscelLaneous 3,900.00 CITY OF KENAI ORDINANCE NO. 512-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CREATING A CAPITAL PROJECT FUND ENTITLED "EAST KENAI PARK TRAILS" AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN SUCH FUND BY $27,096. WHEREAS, the City of Kenai has been awarded $28,225 from the State of Alaska, Department of Natural Resources to build Park Trails in East Kenai, and WHEREAS, the terms of the grant allow for up to 4% (or $1,129.) of the total project cost for State administration, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a Capital Project Fund entitled "East Kenai Park Trails" be established, and estimated revenues and appropriations in such fund be increased as follows: Increase Estimated Revenues: State Grants Increase Appropriations= Administration Construction $27,096 96 27',000 $27,096 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th .day of July, 1979. VINCENT 0 ' REILLY, MAYOR ATTEST: Sue C. Peter, City Clerk First Reading: July 5, 1979 Second Reading: July 18, 1979 E~fective Date: July 18, 1979 '1 AN ORDINANCE OF THE COUN~ZL O~ THE CITY OF KENAI, ALASKA AMENDING THE PERSONNEL REGULATIONS OF THE CITY OF KENAI BY ADDING A STEP "CC" TO THE CLASSIFIED SALARY SCHEDULE. WHEREAS, the highest step on the classified salary schedule is currently "BB," and WHEREAS, without a "CC" step, certain employee(s) of the City will be disallowed merit increases(s) which normally would be granted due to competent service, and WHEREAS, the Council ~f t~e C~t~ of K~na~ rec~gni~ that in the interest o~ morale an~ ac~nowle~gemen= o= goo~ pUDllC service, such merit increases, if warranted, should be granted. NOW~ THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Ordinance No. 503-?9 be amended as follows= Section 1= The last sentence of Section 2, paragraph B.2. Shall read= "The time normally between steps F to AA to BB to CC is two (2) years." Section 2= The classifie~ salary schedule shall include a column for step CC as follows~ 3 ? 8 10 11 12 13 14 '* 16 17 18 19 2O 22 24 CC 18,748 19,686 20,669 21,694 22,?71 23,920 25,106 26,380 2?,696 29,071 30,526 32,053 33,646 35,342 38,943 43,001 Ord. 513-79, Page 2 Furthermore, be it ordained by the Council of th~ City of Kenai, Alaska that the effective date of this ordinance for purposes of salary adjustment shall be July 1, 1979. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST: Sue C. Peter, City Ci'erk VINCENT O'REILLY, MAYOR First Reading: July 5, 1979 Second Reading= July 18, 1979 Effective Date= July 1, 1979 CItY'OF ~ ORDZNANC~ NO. S14-?g q, ~/~ ORDXNANC~ OP' ~ CO~CX~ OF ~ CZ~ O~ ~AZ, ~S ~T~LISHING A C~XT~ P~ ~D ~TITLED ~SE~R T~AT- ~T P~T CONSTR~TION,' INCHING ~TZ~TED ~NUES ~P~PRIATIONS IN SUCH F~D BY $2,500, ~D D~L~NG ~S, in orde= ~o p=oce~ w~th S~ep III, the of the Sewe= Trea~ent Plan=, i~ is necessa~ ~o have a g=an~ · ppl~ca~on prepa=ed fo= sub~ssion ~o ~e EnvL=o~n~al P~ectLon ~ency, and ~, ~2M Hi~l has ~ndioated ~a~ they w~11 p~epare the g=an~ applica~ion ~o= $2,500, an ~oun~ which is no~ eligible ~, an ~rgen~ exLs~s ~n ~at ~e is o~ ~he essence · ~ ~he City m~ s~= ~e g=~ applicat~on as soon as ~, proof acco~ing pra~ices =~:e ~ N~, ~~, BE IT O~A~D BY ~ =O~CIL OF T~ C~ OF Section 1: A wa~e= ~ sewer ~p~al P=o2ec~ ~ en=i~led ~ion 2~ ~c=eases ~ es~ revenues ~d app=opria~ions ~re~e ~t~ ~venues~ ~ntr~tion ~m ~d Bal~ce - 1974 ~d~ Bond lss~- ~a~ ~ Se~er $2,500 ~crea~ ~o ~q~neer~ng ' 2,S00 ~ction 3z ~at ~ ~q~ ts her~y decl~ to ~ on ~e ~ud~n~ of this Co~cil it is necessa~ for ~e .~ate pr~e~a~on of p~lic ~ace, h~l=h o= safety tha~ ~o o~ance ~o~ eff~ive prior 2o ~he ~lM when ~na~ o=d~ce shall beco~ effective. ~e ~les governing ~e ~tr~uotion, reading, passage ~d approval o~ o~n~ are hereby s~nded, ~d ~s ordi~ce shall ~ effective ~ia=ely ~n i~s p~saqe, appro~l and PASSED BY THE COUNCZL OF THE CITY OF KENAZ, ALASKA 'this SI;h clay Of July, 1979. PAYOR ,0 ~ C'. PBTSR, CITY CLF~K · pp~oved by Finances First Reading: July S, 1979 Second Readings July S, 1979 Effective Dates July S, 1979 CZTr OF KEHAZ AH ORDINANCE OF ?HE COUNCIL OF THE CZTY OF K~qAZ, ALASKA ~C~ING ~TZ~TED ~S ~D APP~PRZATIONS ZN T~ 1979-80 GENE~ ~D B~GE~ ZN ~E ~O~T OF $25,442 IN ~ITION OF THE KENAZ-SOL~A CO~Z~TZONS CO~, ~, v~ the ~nception o~ ~he co~cat~ons contract ~tween KenaL and Soldo~a the ~ncLL recognizes that the ~x~q of an a~Eo~% ~spatche~ w%%~ ~ necess~, ~d ~, an emerqen~ exEsts in tha~ ~he CLty ne~ to hire ~ ~ditLona% dEspa~che~ ~n a ti~Ly ~er En orde~ to l~ ~ntract~al oblLqa~one ~de~ sa%d con~rac~, ~, p~o~r acco~tinq practices r~re tha~ all z~a~n8 o~ C~t~ ~es ~ ~de by Ordinance. L979-b0 ~1 F~d B~qe2 ~ ~ncreas~ as follo~ Zncrease Estimated Revenues~ Connm~Lcat£ons Contract Zncrease Appropriatione ~ Communications-Salaries 816, _ ' Overtime 319 · HOliday Pay 682 · AnnuAL ~eave 866 · FICA L,096 · Rot~Lr4uont 1, S36 · BSC 3S8 '- - - · Heal~h 2,000 ' ' Wo~kmea' s Com~. 74 · Con~tngenc¥ $2S,442 Section 2t That an emor~ency ~ hereby declared to ex~st, and on the ~u~gment o£ th~s Council it is necessaz~y ~or the J~nediate preservation of public peace, health or sa£et¥ that thio crdLnance hecome e££ective prior to the ~ime ~hen an ord~nar~or~Ln&nce shall bec·nm e~£ective. The ruXes governinq the introduc~Lon, read, hq, passaqe and approval o£ thig o=d£nance ,ue hereby fluspended, and~his ordinance ghalL become e~ect£ve upon its passage, approval and pub~Lc&t~on as required by the CLt~Char~er. v~ O'RF.,~LI,'~, HA¥OR ATTEST ~ Sue C. Peter, C~ty clerJ~ Approved by ~':tnnces~ FirIt Reading: July S, L979 Second XeadLng~ July S, 1979 BffectiveDate~ July S, 1979 I I I Ii CITY OF KENAI ORDINANCE NO. 516-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "KENAI SENIOR CITIZENS PROJECT FY 1979-80" BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $40,432. WHEREAS, the State of Alaska has offered the City of Kenai a grant award of $25,200 under Title III of the Older Americans Act of 1965, and WHEREAS, the City expects to match the grant with $15,232 in-kind services, and WHEREAS, the continuation of the Senior Citizen Program is deemed Sesirable, and WHEREAS, proper accounting practices require that all approp- riations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI that the following increases in estimated revenues and appropriations are hereby made for FY 1979-80: General Fund Increase estimated revenue= Rental-Fort Kenay (In-kind) $7,900 Increase appropriations= Non-departmental - Rent S~ecial Revenue Fund Increase estimated revenues: State of Alaska-Kenai Sr. Citizen Project, Title III Rental-Ft. Kenay (In-kind) Accounting Services (In-kind] Volunteer Services (In-kind) Shop Services (In-kind) Commu~ication (In-kind) 7,900 $25,200 7,900 1,200 2,912 3,000 220 $40,432 Ord. 516-79, Page 2 Increase appropriations= Salaries & Wages 16,754 Accrued Leave 905 Employee Benefits 4,932 Office Supplies 100 Operating Supplies 1,349 Communications 940 Professional Services 2,700 Printing & Binding 750 Rent 7,900 Utilities 1,002 . Repair & Maintenance Supplies 100 Repair & Maintenance (vehicles) 3,000 $40,432 'PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1979. ATTEST 'l~:.'. Sue C. Peter, City clerk Approved by Finance: ~.~ VINCENT O' REILLY, MAYOR ...First Reading= July 5, 1979 Second Reading= July 18, 1979 Effective Date= July 18, 1979 CITY OF KENAI RESOLUTION NO. 79-98 A RESOLUTION OF THE CITY OF KENAI, ALASKA ESTABLISHING THE AUTHORIZED SIGNATURES FOR DEPOSIT OR WITHDRAWAL OF FUNDS FROM DEPOSITORIES OF MUNICIPAL FUNDS. WHEREAS, employee turnover has reduced the number of authorized signators on accounts of the City of Kenai, and WHEREAS, an additional signator should be designated for efficient operation of the City business. NOW,. THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows~ Section 1= That for banking purposes, the persons listed"~ereinafter are authorized as signators on accounts of the'City of Kenai and any two of such persons may sign negotiable instruments for the City of Kenai. Ernest Schlereth, City Attorney Charles A. Brown, Finance Director Lillian Hakkinen, Accountant Sue C. Peter, City Clerk Section 2: That, for purposes of internal control, one of the"foll°Wing combinations of signatures must appear on any negotiable instrument of the City of Kenai. Ernest Schlereth, CityAttorney Charles A. Brown, Finance Director or Ernest Schlereth, City Attorney Lillian Hakkinen, Accountant or Charles A. Brown, Finance Director ,Sue C. Peter, City Clerk Section 3: That all prior resolutions designating and ~'authoriz£n~'si'gnators are hereby rescinded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. · ATTEST: VINCENT O' REILLY, MAYOR Sue C. Peter, City Clerk ~ OF KENAI RESOLUTION NO. 79-99 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 AIRPORT TEI~4INALENTERP~ISE FUND BUDGET: F=om: Professional Services ($5,084} -'To~ Operating Supplies $5,084 This transfer is needed to allocate the excess of professional services budget to operating supplies in order to purchase paper products for the Terminal. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. VINCENT O' REiLLY, MAYOR ATTEST: Sue C. Peter, City Clerk FZNANCE DIRECTOR APPROVAl,: .. ~,~' SPECIAl. USE P£P~IIT (Not to be used for a period o£ time in excess of one year) DATE The CITY OF KENAI for the considerations and pursuant to the conditions and requirements set forth below hereby grants to: Company Name: GLACIER STATE TELEPHONE' Authorized Representative: W i~ THOMPSON Btlling Address: BOX 56.0; gfNAI, A~SKA 99611 ~erein~ter sometimes re~erred to as the P~X(ITT~CS) the tight USE THE STRE~ RIG~-OF-WAY B~EEN LOTS 4&5. BLOCK S. COOK IN~ ~NOUSTRI~ 'AIR, pARK FOR POL~ & WIRE STOOGE.mm AREA.~$T )E FENCED WITH SIG~-OBSCURI~ F~CE ~CEPT~LE TO THE AIRPORT ~GER PRIOR TO USE 1. Te~: This special use permit shall co~ence on the 1ST ~ of . JULY , 19 79 ,, and shall extend to ~d"thrOugh the 30~H day of JUNE , 19 80 · 2. Pe~it Fees: The Pe~ittee(s), prior to the exercise of any pri~ilegb granted pursuant to this permit, shall pay ~or the use or pri~ilege specified herein a fee as 'indicated below: (a) I total fee of $ 137.5~ tn fuI1 payment ~or the use of privlleie specified here~n. total ~ee of $ payable encing on the first day of the te~ h~re°f in the and addi-tional subsequent installments ~ the a~ouit of ~ , pa~ble . ~ecified abo , the Perigee(s) a~rees to pay he Ctt~ 1~S~ Right. of £ntr]~: Entry and occupancy is authorized as of day of JULY, .., 19. 79 . 4. Place and Time o£ Payments: Ali payments shall be made on or be£ore ~he date due to'~he '~ity Clerk, City Administration Building, Kenat, Alaska, or by mailing to the following address: City of ienai, Box S80, £enai, Alaska 99611. S. Use: The use by ~he Per~itcce(s) of the premises described above is ll-~rted to the purposes specified herein and is not intended to grant any exclusive use to the described premises unless otherwise provided above. This use is also subject to the reasonable adminis- trative actions of the City of £enai for the protection and maintenance of the premises and of adjacent and contiguous lands or facilities. Page One, SPECIAL USE PE~IIT "' ADDENDUM The "Agreement for Consulting Engineering Services for the City of Kenai, Alaska" dated November 13, 1978 between the City of Kenai and Ted Forsi and Associates is amended ~ to add the following (subject to approval of State of Alaska, Community and Regional Affairs)= ° 1. A~ditional engineering services in the.amount of $1,663.35 for investigation and analysis of existing soil conditi~ns on North Kenai Spur Water and Sewer, and 2. A~itional engineering services in the amount of $1,338.55 for investigation and analysis of existing soil conditions on Lawton Drive Water and Sewer. DATED this __~ay of . . . , 1979. TED FORSI AND ASSOCIATE~ Zed J. 'Fo~s~', P.E. Prihcipal CITY OF KENAI By: Charles A. Brown Acting City Manager Witness Attest: CXTY OF KENA! ORDXNANCE NO 500-79 AN ORDIN/L~CE OF THE COUNCIL OF THE CITY OF KENAI AI~IENDING ORDINANCE 290-76, KENA! I~ILIN!CIPAL AIRPORT REGULATIONS. WHEREAS, certain amendments are needed to clarify restrictions and limitations of operations of the grass/ski strip. NOW, THEREFORE, BE IT 0ROACHED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: ! Section 3.070 is amended to read "the Grass/Ski Strip shall be open .'- only during the hours of opera:ion of the Air Traffic Control Tower, but no touch and go operations shall be pemitted." 3.072 is amended to read "Operations on the Grass Strip shall be ~tmited to tail dragger type aircraft equipped with outsize, tundra-type tires." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this gOth day of June 1979. ATTEST Sue C Peter, City Clerk VINCENT O'REILLY, I~LRYOR FIRST READING: June 6, 1979 SECOND READING: June 20, 1979 CITY OF KENAI ORDINANCE NO. 505-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A PROCEDURE FOR RECEIVING APPLICATIONS FOR FINANCING BY THE ISSUANCE OF MUNICIPAL INDUSTRIAL DEVELOP- MENT BONDS. WHEREAS, the citizens of the City of Kenai have recently enacted a Charter amendment authorizing the issuance of munic- ipal bonds for the purpose of financing industrial development, and WHERE~S, some type of written procedure is now required to handle applications by those interested in industrial development in the Kenai area through the use of financing secured through~the issuance of municipal industrial development bonds. NOW, THEREFORE, be it enacted by the Council of the City of Kenai, Alaska that the Code of the City of Kenai, Alaska is hereby amended by adding a new Chapter 35 to Title 7 "Financing" entitled "Procedures for Municipal Bond Financing Applications" a copy of which is attached hereto and made a part of this Ordinance. PASSED BY T~E COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. ATTEST VINCENT O' REILLY, MAYOR Sue C. Peter, City Clerk First Reading: June 20, 1979 Second Reading: July 5, 1979 Effective Date: August 5, 1979 7.35.010 PROCEDURES FOR MUNICIPAL BOND FINANCING APPLI. CATIONS; Scope of ~Focedures: This chapter applies to all ~pplications for financing o~ a project through the issuance of municipal industrial bonds as authorized by 6-3 and 6-5 of the Charter of the City of Kenai. 7.35.020 Application: An application for financing of a project must: 1. provide the amount of financing (in excess of $1,000,000) requested; 2. provide a general description of the proposed project; 3. provide a complete description of the purposes of the issue of any bonds and of how the proceeds of any bond issu~ will be used; 4. provide financial statements, including balance sheets and profit-and-loss statements, certified by an independent certified public accountant for the last 3 fiscal years of the applicant's business or all fiscal years of applicant's operation if less than 3 years, unless waived by the City Council by resolution; these financial statements must be provided for both the applicant's business and any party or parties acting as guarantors for the financing contemplated; 5. provide a business history of persons owning 10% or more of the applicant's business; and 6. provide any additional information or documentation requested by the City Manager. Applications must be submitted to the City Manager, City Hall Offices, Box 580, Kenai, Ak 99611. 7.35.030 Review by City Council: Upon determination by the City Manager that the application requirements of this chapter have been met, the application, along with the recommendation of the City Manager and any other information considered relevant by the City Manager, must be transmitted to the City Council for its review. In its discretion, the City Council will request addi- tional information itself or through its City Manager and will postpone action on an application which in its judgment requires additional information. If the City Council disapproves an application, it will instruct its City Manager to notify the applicant of the disapproval. If th6.City_~ouncil approves an application, the applicant s~all enter into a reimbursement agreement with the City pursuant to Section 050 and the project will proceed pursuant to the bond counsel's and financial advisor's recommendations. 7.35.040 Inspection of Records: An applicant shall make its books and records available for inspection at a reasonable time by the City Council, its City Manager, or its agents, upon receipt of a written request to inspect the applicant's books and records. 7.35.050 Costs and FinpnCin~ Fees~ An applicant shall pay or agree to pay the direct costs o~ evaluating its application in advance unless this cost is waived by resolution of the City Council for good cause. The City Council or its City Manager will determine the direct cost of evaluating the application. No application will be finally considered until the cost is fully paid. A contractual agreement may be authorized and entered into by the City Council whereby the applicant shall guarantee a sum certain to cover the direct costs and fees in evaluating the application by the Cityes bond counsel and its financial advisor. Said contract may provide for the payment of a retainage to the City to insure the availability of funds to pay for the aforementioned services. An applicant may also be required to pay a financing fee equal to a certain percentage of the total amount of financing as determined by the City Council to defray expenses of the City except that the City Council may elect to waive such a f~ee should the circumstances so warrant. Renumeration of costs and fees in this section does not constitute a limitation upon other costs and fees that may be prescribed by law or contract. 7.35.060 Supervision of Proceeds of Bond Issue: So long as there i~ any outstanding bond remaining to be redeemed under a bond issue, the City Council will, in its discretion, require that the applicant whose financing of a project is approved shall, whenever requested by the authority: 1. permit an audit or examination of its books and records by an independent firm of certified public accountants at a reasonable time to determine whether the provisions of the bond issue have been complied with and pay the cost of this.audit or examination. (The applicant may be required to provide a retainage with the City to issue the payment of such an audit) 2. permit the City Council or its agents access to the applicant~s books and records at a reasonable time~ 3. s~bmit, on written request of the City Council, a sworn statement by a responsible officer of the applicant as to the purposes to which bond proceeds have been applied. CITY OF KENAI ORDINANCE NO. 506-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "FACILITIES DESIGN" BY $4,6?5. WHEREAS, the Council of the City of Ke~ai by Ordinance No. 454-78 has appropriated engineering monies for Step II of Sewer Treatment Plant Improvements, and WHEREAS, grants from EPA and the State of Alaska allow for the appropriation of adminstrative monies and land, structures, right:of-way monies. NOW,'THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenue~ and appropriations be made: Water and Sewer Special Revenue Fund Increase Estimated Revenues: Transfer from Reserve for Sewer Treatment Plant Improvements $584 Increase Appropriations= Transfer to Capital Projects $584 Water and Sewer Capital Pro~ects-Facilities Design Increase Estimated ~evenues: Transfer from Water & Sewer Special ~evenue Fund Grants-State of Alaska Grants-Federal 584 584 Increase Appropriations: Administration Land, Structures, right-of-way $2,175 2,50,0, $4,675 gASSED BY' T~E COUNCIL OF THE CITY OF KENAI, ALASKA this 5th ~ay of July, 1979. ATTESTs Sue C. Peter, City ~Clerk Approved by Finance~~ VINCENT O' REILLY, MAYOR First Reading= June 20, 1979 Second Reading: July 5, 1979 Effective Date: July 5, 1979 CITY OF KENA~ ORDINANCE NO. 507-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CREATING A CAPITAL PROJECT FUND ENTITLED "WILLOW STREET LUMINARIES" AND INCREASING ESTIMATED REVENUES AND APPROPRI- ATIONS IN SUCH FUND BY $75,000. WHEREAS, the State of Alaska is planning reconstruction of Willow Street, and as part of the project the City of Kenai may elect to have the State install luminaries at the City's expense, and WHEREAS, the addition of luminaries to the project is deemed to'be desirable, and WHEREAS, of the estimated cost of the luminaries of $135,000, the Council of the City of Kenai desires that $60,000 be funde~by Local Service Roads and Trails State Grant funds, and the remaining $75,000 be funded by City Street Bond Funds, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE. COUNCIL OF THE CITY OF KENAI that: Section 1: The City administratibn be directed to the State to proceed with soliciting bids on the of luminaries on Willow Street, · Section 2: The City administration be directed to request the State to apply $60,000 of the City's entitlement Local Service Roads and Trails monies to this project in event that the bid award for the project is made by the Council, and Section 3: Estimated revenues and appropriations in capital project fund entitled "Willow Street Luminaries" ~ncreased as follows: 'Estimated Revenues: L974' Refunded Bonds (Streets) Xncrease Appropriations: Construction $75,000 $75,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of July, 1979. VINCENT O' REXLLY, MAYOR Sue C. Peter, City Clerk CiTY OF KENA! ¥ P. O. BOX SI0 KENAI, ALASKA 99&11 TILIPHONE 213 - 713S · 0~ H~le M~s of Co~e~ ~;~.:-~ .... ::-?'~. ..~ . .'..-.~.. : - - :'-. ' ~-.:~ ~." ~' -~ ~h · ~ ... =-'. ~f Cnmm~e ~~ ~ Ci~'s ~vo!vement hono~ U~n Off, ~on .:, :, --. ...- ~.~:. · .. ~:.~ . -. , .~ , ~ · -- ..: :' ~ ~e ~a~. ~n ~,~e u~,ofi~emi~ pl~t- ._ ' - . .- '-~ i : ~ ~ . . ..... -..-~::~::... -.-., .... - ...'- ~.' ....~... :... ~ ~*~ ..... ' Mr. Jez~y L". l~adden:" ~.State-l~ederal Coordinator CITY OF KENA! ,,o~ e~ ¥ ~~,, P. O. BOX S80 KENA~, ALASKA 99&! I TELEPHON~283 · 7S3S July 5, 1979 Division of Policy Development and Planning ~.~uneau, Alaska 99811.[f: ~ appian ~~ ~e ~~W b~ ~volv~. June 22~ 1979 Kenai~unicipal Airport 4~ I ~ A VIA TION 4 VENUE I~OUCH 6900 ANCHORAGE, ALASKA 99502 ~I'ELEX 25- Hr. J6b~ ~.. Wise City l~auaser City o£ Kenai P.O. ~x 580 ~, ~ 996~ Dea3:W:. ~tse: ~/e have received copies OE your ADAP pre-applications for addicion~. ano~ remova~ equipment and a vaz~n storase facility for the Konai ~unicipal Airport. Your requirement £or State mtchin8 funds in the ~_unCs st $1~,687 and $6,875 respectively, is also acknovledsed. However, unless sLtppase of previously scheduled projects occurs, o~ add~tiona$ d~scretiona=y funds are ~ade avaLtable to the FAA ALaska Resion, it is doubtfitLt that r. hese projects co, Id be prosr~med durin$ l~iscal Year 1979. · :': Analysis of the pre-appliChtions leads ua co believe that, urich the possible exception of a broom, the City appears to already have adequate equipment ~o~ airport snov removal if[ ~lien besins scheduled 737 service in~o ~he airport. '-T~e are basins this on our o~n equipmen~ fleets at State-o~med t~_k airports receivin$ st~tl~r levels of scheduled Jet setwice And on the representations put ffo=ch in the yam s~orase Eact.tit~y pro~am narrative vhich indicates that the City habit,~,-lly uses a tof~l oJ~ el. even pieces of city-o~ned equipment aiz~ort 8no~ =emoval. l~e ~ould therefore approve the use off ADAP funds for f~e purchase off a rum~ay b=oon but, vithout stronse= Justification, e-,m~ at t~Ls tt~? approve ~he other irene requested in the ~o pre- applications. REALTORS OBERTS BUILDING P. O. 80X 4S8 · KGNAI. AL,.,qSKA 89611 PHONE: 283-7591 Apzrll 9, 1979 Joh~ ~ise, City ~ger City o~ Box 580 .... Kenai, AK 99611 Dear Mx, l~ise: Sub_~i~C~: Tract A and Lots I anti 2, Shadura iiubdivision. ! ~lsh to 'present for your consideration and the councLt'a attention the subject property as a building and/or site for the. proposed city ha~l. The buildin$, co~nonly known as "the old NC Building" is '- ;' ::of-: .concrete block construction and contains 7171 S. F. :' 'The .~lml land consists'of 3.97 acres;-of which 35,000 S. F. is allocated to the building end the renmining 138,064 S. F. ......... .~ considered excess. · .F- Th~-pFice of~ $$35,000 is based on the depreciated Value o£ .. ' the building ~d_ t~nprovemencs plus the land ac $2. O0 per ...... The'e~tcloee~l appraisal dated 10/31/77 shove land v~lue at ' ' $1,21i per ii. F. but the comparables used co deternine this have incre-__-ed considerably since 10/31/~?. 'I believe ~he location is ideal for aitin~ a city hall and the excess land,misht ~ell be used for a civic center or -': ' ' --other city uses. Herbert E. l~ilborg, ' - ' - dlb REALTOR III MY $. IIA¥¥OND, ~OV~RNOR DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES OFft£[ Of INE £O¥¥ISStON[R ~une 27, 1979 Mr. Vincent O'Reilly, Mayor City of Kenai Box 580 Kenat, Alaska 99611 Dear Vince: I am pleased to advise you that Governor Hammond has approved our request for funding of a comprehensive Kenai Peninsula Transportation Plan. The study will be conducted in cooperation with the State, Borough and Cities, and will include all transportation modes. Your specific needs will be addressed in the study, and the final report will be used as a basis for future programming and long range planning. As of this date, we have not examined a by-pass of Kenat in any great detail since we were committed to the completion of the spur and urban projects. We look forward to the participation of your city in this timely study. Our schedule calls for the initial coordination meeting to be held in mid-August. You will be advised as to the specifics. Zfyou have questions or con~ents in the meantime, please feel free to contact the office of the Regional Planning Manager in Anchorage at 266- 1G52 or write Pouch 6900, Anchorage, Alaska 99502. Thank you for your interest. o Sincerely, ~ / R obert W. Ward Commissioner 26A-T 1 Ns'PLY TO &TTENTiON OF,~ Kenai River 60 DEPARTMENT OF THE ARMY ALASKA DISTRICT. CORI:~ OF i[NGINEIrRS P.O, BOX 700~, AN~,HORA4~E, AI, ASKA 99510 REGULATORY FUNCTIONS BRAN~t (907) 279-4123 29 June 1979 PUBLIC NOTICE NPACO NO. 071-OYD-2-780154 Application has been received in this office from ~r. Miles Dean, Box 1238, Kenai, Alaska 99611, telephone (907) 283-4120, for a Department of the Arm~ permit under Section 10 of the River and Harbor Act of 1899 (30 Stat 1151; USC 403] and Section 404 of ~ Clean Water Act of 1977 (PL 95-217) to co~stTuct a fill, bulkhead and boat ramp in Kenai River at Kenai, Alaska, as shown on the plan attached to this notice. The applicant proposes to construct a 11.61 acre fill consisting of 558,000 cubic yards of gravel. A 120' bulkhead will be constructed around a 40' x 20' ramp. The bulkhead will consist of $" x 12" planking and will be supported by 8' x 8" piles placed 10' apart. The applicant also proposes to build a camper and mobile hom~ park on the fill and to construct a drain- age ditch along his property line to the Kenai River. The applicant proposes to begin const~,_ction within $0 days of receipt of our permit. A Certificate of Reasormble Assurance or waiver of certification is required for this activity under Section 401 of the Clean Water Act of 1977 (Public Law 95-217). This certification, or waiver thereof, is issued by the Alaska Depa~h~ent of Environmental Conservation, Pouch 0, Juneau, Alaska, telephone (907) 465-2670. Preliminary determinations indicate the issuance of ~ permit is a major Federal action not significantly affecting the human environment, and an environmental impact statement is not required. The evaluation of the impact o£ the activity on the public interest will include application o£ the guidelines promulgated by the Administrator, EPA, un, er authority of Section 404(b) o£ the Clean Water Act of 1977 (Public Law 95-?-17). The National Register of Historic Places and the latest published version of the Federal Register have been consulted in regard to the proposed activity. Consultation of the National Register constitutes the extent of cultural resource investigations by the District Engineer, and he is otherwise unaware of the presence of such resources. 5¥MgOL.$ PLA~ti_ Incl I /?$ ' ADJACENT PROPERTY pWNERS-- , I. CHESTER CONE '2. KEN STOCK $. VERNON BUDLOFSTEO ,! DEPT. OF ENVIRONMENTAL CONSERVATION / potmo-.~lz~sll~r ~o~Lce o~ App~4cat~on £o~ Wate~ 9ua~£~ Cer~t£~ca~on Notice is hereby qiven that a request is berg tiL~ ~ ~e ~~t ot Bnv~o~~ Co~a~on to~ c~Lti~on, ~ p~ovid~ ~ Se~on 401 o~ ~e CLe~ Wa~ ~ o~ L977 (PL 95-2L7), ~at ~ dis- c~qe ~ ~t~s o~ ~e U~t~ Sta~s ~es~ting ~ ~1tc No~Lce No. 071-~-2-780154 will comply with the Clean water Act and applicable s~ate laws. Any person deai=ing ~o comment on the =equest ~n re~a~on to wato= pollution considera~ons my do so by wri~tng to the Depar_~?__ent of Environmental Conser- vat/on, Attention: Permit Coordinator, Pouch O, Juneau, Alaska 99811, within 30 days of pubLtca~on of ~his no~ice. Incl 2 ~.:r. John E. :;ir.o City i.'gn~ger vzt~ of ~.en~i -' .C. 7,0:: 520 ;-e~-~±, A~cm'.:c 99611 Dear Thp..~i.: you for your le~tc_ of June -d -~.,- o~-~ the iienei Fins. Arts Center for tho Zirectcr of ~orks end Recreation. -~einting of the rectus ts. hind thc crt 3~l!sry '...?.c eo:".~leted last week and "~. Zc3illlvr~y hrs nov; moved iutc the building. ?;e relieve this .~rrrnge.ment will be very compatible ~.~ith the eultur~l groups ss well os the larks ~nd Zcercr. ticn Dep~rtmcnt. 5his move vms e~~+=a '....'it!', very ""~"~ . ...... : e::~ense tc thc city ~aint for th~ rooms w~s donater~ .... provided with ~.:Orkers psi~ for ,,o_~, n. ~'~e now h:ve e~'terlor ~:oi~t ~ ..... ~ ';ECS, .... ~ .... ~ .... i~" inc. Dar the ou~:s~o.., of the Pins .;'ri~ %ntez-, ....... ~-'~ ~:o"~... to bejin on The -:srhs and P. acrc?.tlcn Eep?.r't.ment v:!ll have ~ sey..=ro~ce en- tr,~nce on the e~st side of tlnc ;~cCi~vr~y-,'~' ..,_~_ Ic.~";e one ~:ey ~t the :-en~i iub!ie llbr~zT. .', Lcy ~> thc d-~ll-al, --n~ po~:+e?y rcom io "v~.il~ble ~t the C];p,~ber .7~ qo:.uuorcc. ':Ye ho,,~e, to begi~: ro-n?cflr:j ~.:h:: iuil?i';£ ti~ '~' ~ .... ~'o ...... ~ ....... '~ c'~ ~n presen : ,.'~. ,,? .,..,_ word from ...... t. le~.:r the Arts to know if the S~:cn% fund~ for ~-'hieb ,.~ ~i:!-l!ed Lean g!locqt~d %o ot;L~ ..... n-' .... . 2o.-wd es ..... u .... ~ T!:e review the gr~n'~ ~pTlic?tionr:. CITY OF KENAI ¥ P. O. BOX S80 ICE~4AI, ALASKA TELEPHONE 213 · 7S3S June 26, 1979 TO: FROM: SUBJECT: Charles Brown, Acting City Manager Keith Kornelis, Director of Public Works t~hat's Happening Report for City Council Meeting July S, 1979 1979 IMPROVEMENTS TO KENAI )/UI/ICIPnL AIRPORT The contractor for this.'projec~'is 'running a little bit behind schedule. Phase II of ~his projec~-was-to be completed on June ZS, 1979. This ~ould live the run~ay 5,710 fee~ of ~hich 5~200 feet ~ould be usable. Even though She contractor ~as not 100 percent complete on Phase II, the r~ay has been opened up for S,200 for the larle ai~lanes that are flying fish. The electrical sub-contractor has radio contact ~ith the to,er for ~hen these planes need clearance.. Phase III of this project is scheduled to be completed on July 2S, 1979.~ith some cooperation from the City of Kenai,the ASsort Improvements contractor,and Wein Airlines scheduled three-times-a-~eek flight of a 7~7 to Seattle ~ill be scheduled by Wein Airlines. 197~ MODIFICATIONS TO LIFT STATIONS'" '~' Cordova Construction Company has been making good progress on this project. They. have recently r~ into some problems on Mit Station No. 4 due .to. inaccurate as-built dra~ings of the old Lift Station. These old as-built dra~inis sho~ed the floor of the Lift Station as being 9-inches thick ~hereas in actuality it was closer to three or {our inches thick. This caused quite a fe~ problems ~or the contractor ~hen settinl' the anchor bolts to hold the · o~tinl stand. Since the floor oi the Lift Station ~as only three inches thick~ the contractor drilled through the bottom of the Lift Station and iro~d ~ater started seepin! in. It is very likely that the contractor ~ill ask ~or a Change Order due to ~forseen circumstances. Charles Brown, Acting City Manager Page 2 July 5, 1979 1979 CONSTRUCTION OF WATER IMPROVEMENTS KENAI SPUR - BEAVER LOOP TO DO~IOOD Alaska C0ntractors/Wildwood Construction has completed the creek crossing and is presently making the waterline hook up at Beaver Loop. The rest of this project should be relatively routine. 1979 AIRPORT WAY.-,WAT~R~ SBWBR~ AND STREET P R t S has completed the water line along Airport Way and is presently hydrostatically testing this water line. They have also started work on the sewer line. .After the water and sewer have been completed, they will come back and work on the street, compactiFg the lower level of the street area and finally bringing in gravel and pavement. I have been assured by the inspectors that P R i S plans to bring in gravel for the work that they did on Walker Lane when they are hauling for the rest o£ the project. 1979 KBNOVATIONS OF WELL HOUSE 101 Rockford Corporation has made a few changes in the Well House that have been approved by the design engineer and the City. They have also sub-contracted out to Wildwood the construction £or the waterline tie in to the Well House. Wildwood Construction has ~ncountered some problems with the water table which 'could have been.aggravated by Rockford dumping water at the Well House site.. 1979 ADDITION TO SHOP BUILDING AND LUBRICATION FACILITIES The Contractor, Cordova Construction, is still standing by with his bid price although he has commented that there has been an increase in labor costs since his proposal. Again the Public Works Department £eels that this is a very necessary project and would add greatly to our service and maintenance program. , 1979 ADDITION TO ANII~L SHELTER Timberline Industries is doing a good job for the City on this project. There has been excellent cooperation between the City Engineer and the contractor which looks as though it will result in a high quality improvement to the facility.. 1979 TOPOGRAPHY AND AERIAL PHOTOGRAPHY STUDY - CEIP Leo Sheben of USI~I did not make his appointment to meet with the Administration last week but still has plans in the near future to line up a schedule for his work. Charles Brown, Acting City Manager Page 3 July S~ 1979 MILLION GALLON WAT£R STORAGE TANK Rockford Corporation has been contacted concerning the completion of the punch item list. They plan on being in Kenai to run through the project sometime later this week along with their electrical sub-contractor City Electric. Harold Galliot and his electrical engineer also plan on running through the operations with all concerned. This will be a good time for the Fire Dept. to run some of its tests. Once the items on the p_unch list have been completed and we have received the release of claims, Council has authorized payment of the final pay estimate. MISC£LLANEOUS ITEMS Leroy Anderson has completed sweeping the Airport Ramp and around the Terminal Building. We have been working with EDA in an e£fort to clean up and close out all of last yearts projects with all the necessary photographs and paperwork that is needed. The Public Works Department completed the layout and installation o£ the runway cones that is necessary for the grass strip between the runway and the ramp. This was completed on June 18 as requested. Later that day I received a phone call from Mr. Ken Moore~ FAA~ concerning the City writing some type o£ proposal for opening up a new runway which would'include an airport layout plan,.clear zone, etc. The City was to receive a phone call at a later date from someone else in Mr. Moore's office concerning the articulars that were necessary to open up the grass strip. As ar as I know~ this information has not been received by the City as yet. I need some direction as far as what to say to EDA concerning WINTERIZATION OF AIRPORT - ARCTIC DOORS. In talking with Arno'ldMyren~ £DA, the City has a few alternatives. We could go out to bid again after reducing the scope of the project; we could possibly try to go for different project or we could completely forget about the project and let EDA know that the City wi11.no~ be using their money. This Department has been working with ~ein Airlines in an effort to come up with the necessary facilities for their July $ inagural flight. We have been working with £rv Terry and Northgate Subdivision concerning storm drainage system and the approval of thereof. We have been working with the fish processors this last week or so in an effort to find room for many planes in a sm~11 ra~p area. Charles Brown, Acting City Manager Page 4 July 5, 1979 WATER AND SE$~ER CREWS The Water and Sewer Crews have been working on a plugged sewer line in Redoubt Terrace; cleaning sewer lines; working on fire hydrants; and reading water meters. STREET CREWS The Street Crews have been hauling stumps out o£ the cemetery; puttid~ in tie do~ns for transient parking at the Airport; cleaning the . Airport Ramp; hauling material for wash out on Fourth Avenue; oiling roads. SHOP C~EWS Shop Crews have been working on the backhoe; repairing charging system Unit 55, trunk lock Unit 2, bucket leveler 966 Loader; .. replacing U-Joint Unit 9~ Landing Lite Unit 51; and changing shotgun switches on Units 50-55. They have also been working on the Fire Engines No. I and 2t plus regular maintenance on vehicles. K£/Jet Alaska Marketing Of Kenai DIECOR BUILDING P.O.BOX 156 KENAi. ALASKA 99611 REALTOI~ TELEPHONE: ¢907) 283-4888 March 22, 1979 "- City o~ Kenai Mr. John Wise, City Manager Kenai, Alaska Dear I.~. [~ise~ .-:.~ It is my un~erstanaing that the City of Kenai is contemplating moving to different o~ice space. The enclosed is a proposal · oE£ice space for the City to.lease as office space. The location is excellent as it is on the Spur Highway adjacent to the Westerly end of the Katami Motel. Ample parking space will be provided for both employees and customers. Shadow boxes will be ~rovided for displaying awards, such as Scout or Little League trophies, in the entrance and advertising is ~igured into the building budget Eot the center tenants for public awareness. Approximately 5000 net square cE space is presently available in the lower floor, at a rental of $1.25 per square foot. (A tenant has verbally asked for the front space on the lower level, but has not sul~uitted any pro~osa-1-or letter of i~tent at this time). On -'-the uppdr level there is approximately 6650 square ~eet of space 'at $1.20 per square Coot. Open. space is provided ~gr vision to the upper level from the ground floor and glass front will be provided on all space at the tenants request. All floors will be carpeted with long wearing commercial carpet except halls and baths which will have tile or vynl. Ba~hs on the lower level will be built to handicap standards so as to -accomadate people in wheel' chairs. Heat and electric lighting are included in the rent and professional management will be provided to insure the comm6n areas are adequetly maintained and snow re- .... ~~~a;~ h_,andlp~ .pro, raptly. - vo a s,t of uiding your inspect on. If more information is required, please contact Dick Mueller or Nell Racca at Alaska Markpting of ~enai. Thank you. ..,. Sincerely, a£chard a. Muellel:, REAL F, STAT~ ~AI,I~ · PROPERTY MANAGEMENT ' CONSULTING