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HomeMy WebLinkAbout1979-07-18 Council PacketKenai City Council Meeting Packet July 18, 1979 Kenai City Council Meeting Packet July 18, 1979 Kenai City Council Meeting Packet duly 18, 1979 AGENDA I(ENAI CITY COUNCIl, - P~XIULAR MEETING JULY 18, 1070 - 7:O0 KENAI PUBLIC SAFF. TY ~UILDING PLEDGE OF ALLEG~NCE A. ROLL CALL AGENDA APPROVAL I. O~din~ee 511-79, increasing estimated revenues/appropriations tn the capital p~o]~ entitled "Redoubt Way Pavin~~ 2. O~dinanee ~12-~9, e~eating a eaptt~ p~]~t fund entitled 'Easi Kenai Pa~k T~afls~ 3. O~dinanee 516-~9, establishing s speei~ ~evenue fund entitled ~Kenai Senio~ Citizens 4. Appliea~n fo~ R~tion~ Sl~e License - Twin C. PERSON8 PRESgNT 8C~DULED TO BE ~ARD I. R~. A~hur Knight - Mayor's Co~eil on A~ng 2. Rev. Ole~ B~ars - requesting ~endm~t W wn~g ord~ee 3. Kenai Lions Club - d~eeto~ st~ for CiW D. ~UTES 1. Minutes of ~e re~l~ m~tinE of J~y 5. 1079 E. CORRBSPOND~CE 1. Ke~i Pen~s~a Comm~t~ Care Cent~ 2. Ke~ A~ ~ H~ifles Council F. O~ BUS'ESS I. W~teri~tion of A~ Te~m~ Pro]~t 2. ~oat Pl~e B~tn Discussion ~. Thomp~n-C~n l~se ren~aflons 4. Pen~s~a ~nte~rtses - Mukluk Building 5. Ordnance 513-~9. addin~ a Step ~CC~ to Classified 8~ Sehed~e 6. Addendum ~ A~eement between Cl~ ~d Ted Foist & As~iates 7. Payment ~ Ted Forsi ~ As~e~tes 8. ~d~d~ ~ A~ment be~veen Ci~ ~d CH~ Hill - A~o~ ImDrovemen~ ProJ~t G. ~W BUS.SS 1. B~s ~ be p~d - bfil~ ~ bc ~a~ed 2. ~uisiflons exe~g $500 3. Ordt~ee 517-79, amendi~ C~e re~flve ~t~ ~ ~e City ~t~y sewer ~. 4. Re~luflon 79-100, aw~ ~n~act fo= =ep~nt~ out.de ~ & app~atus doors of ~e Ken~ Publ~ S~e~ Bu~din~ 5. Re~luUon 79-101, transfer of mont~ in Anim~ ConSol Budzet 6. Re~luflon 79-I02. ~ansfer of ~nies ~ c~er ~s for repain~ ~d app~a~s d~rs of ~e Public S~e~ Bu~d~ ~. P~ent ~ T~ Forsi l A~t~ - K~i Sp~ Wat~l~e Inaction 8. Pe~dte R~ No, 1 - ~ord Co.rain - R~a~n of Well House 101 9. Pa~ent ~ Tim~rl~e lndu~ries, lne. fo~ addition to Animal Shelter 10. Pe~k H~imate No. l - Cordia Con~e~on - m~ffieaflons to Sewage P~p~g Sins. ~. Con,et Ch~ge Order ~ - Cor~va Con~ction - K~ai - W~ke~ L~e 12. L~e of A~ Fae~ittes - He~z Co~orat~n 13. Le~e of ~ Facilities - ~v~ TrYsil 14. L~se of ~rt Ffleilifles - Te~m Alas~ Petroleum Co~oration 15. Sp~i~ U~ Permit to di~lay a ~er in Tprm~al - The Sheffield Ilouse 16. Co~rmati~ of Harbor Commissioner - Xlr. WHliam Bu~t H. ~RTS 1. Cl~ 2. Ci~ A~o~ 3. Mayo~ 4. Ci~ Clerk 5. Finance 6. Pl~ntng ~ Zonin~ Commission ~. Bo~ugh Assembly 8. Publ~ Works Co~i~ f~m Council 9. Advt~ lla~bor Commission ~YOR [ COUNCIL - ~STIONS AL~ CO~IENTS. I. PERSONS PRESENT NOT SCHEDULED TO BE BEARD AD JOY,lENT TT?TV lQ. ~Q~71~ SC-28 (6-76) UNITED GTATES DEPARTMENT DF COMMERCE Bul'oau of tho Census Wash,ngton. DC. ~0233 },Ir. Charles Brown Kenai Finance Director P. O. Box 580 Kenai, Alaska 99611 Dear Mr. Brown: This will inform you of the preliminary population count for the Special Census of Kenai, Alaska. The preliminary count is 4,421 as of July 10, 1979. The population as of April 1, 1978 was 4,574. While this figure is preliminary and subject to review, it is believed to be substantially correct. If you believe that any residents have been omitted from the enumeration, or if you have any criticisms, please inform me at once by written communication so that the matter may re- ceive prompt attention and investigation. If, after my investigation and resolution of these problems, you feel there remains evidence of incomplete enumeration, such evidence must be submitted in writing to the Special Census BrancJl, Demographic Census Staff, Bureau of the Census~ Washin§ton, D.C. 20233, within 15 days. If no communication is received within that time, we will proceed with the final tabulation of your census. You should receive the final tabulation within 12 weeks. S .//~ ly,i ncer_e /l' '.-/- , '~ ,S. ~U: ,.~-,z'.,...',~ ,., .-,//,.. ~""~'-,. Special Census Supervisor PINK -- ReA,o'~m O;fiCe Y£ I.LO,¢ - F,eld GOLDENROD - Sgec,;,I Census E,:a:,ch, DCS LAW BOOK PUBLISHERS · MUNICIPAL At,ID STATE CODES 2518 W[-'STERN AVIfNUE o SEATTLE. WASHINGTON ~1211(206) 623.4221 July 19, 1979 Mr. Ernest Schlereth City Attorney P.O. Box 580 Kenal, Alaska 99611 Dear Ernie, I have received the revised page~ you forwarded July 10. These have been incorporated into the existing code pages appropriately. You can expect some delay in delivery as a consequence of these revisions, since the index and tables will now also require revisions. My best guess on a delivery date now is September 15. I will be leaving Book Publishing Company on August 10, but I have provided Margaret 0. Bustion, managing editor, with explicit instructions regarding the special needs of the Kenai code. You should contact Margaret if you have any questions or further instructions after August 10. I am today forwarding your ordinance materials to our shipping department, so you should be expecting them to arrive soon. Again, it has been a pleasure working with you on the Kenai code. I am certain you will be pleased with the final product. Sincerely, ~. Elston B. C. D. E. F. KENAI PF, NINSUI.A BOROUGII AGENDA FOR TIlE RI.;GULAR ASSli~XlBI.Y ~IEETING JUI.Y 17, 1979; 7:30 P.M. BOROUGII AI)N1NISTRAT1ON BUILDING P. O. BOX 850 SOLDOTNA, ALASKA 99669 Assembly. AGENDA - Dimmick 9 l)oug~], s 9 CALL TO ORDER AND ROI.I, CALL Elson 10.66 Fi scher 9 PLEDGE OF ALLEGIANCE }lille 10.67 Long 9 SEATING OF NE~q ASSE~IBLYMEMBERS (none) ,Martin 9 ,Xloses 11 AGENDA AFPROYA~ ~1c£ ] otl,1 7 . 5 Amber}an 10.67 APPROVAL OF :.IIiqUTES: July $, 1979 Arness 9 Campbell 7.5 ORDIXANCE IIEARINGS, OR OTIIER PUBLIC IIEARIXGS Cooper 10 Corr (a) Ord. 79-34 "Amending Chapter 5.04 of the Cra~,'fors 4 Norough Cfi'de By Enacting Section 5.04.021 Davis 9 to Requi. re an Ordinance and Public ltearing in Determining the Amount f,'o,n Local Sources for School Purposes for the Fiscal Year" ,, ?,/ J (b) Ord. 79-....35 Fxcm. pting Purchases and Sales. B~y Non Profit Organizations £ron the Borough etd 79-36 Amending Section 5.12.130 of ~, tc) t~he'Borough Code Relating to the F. xemption ,/L/~/ of llousehold ~ffects from the Personal /9 Property Tax" (dj Ord. 79-38 "A~ending thc llomer Zoning Ordinance to Restrict Dwelling Unit Density in Residential Zones" (e) etd, 79-39 "Providing for the Placing of Peninsula Recreation Service Area Upon the Ballot of the Next Regular Election" CONSIDERATION OF RESOLUTIONS (a) Res. 79-94 "Urging the btate of Alaska to ~ppropri~£e Funds for the Year-Round Use and ~laintenance of the North Slope Road" (b) Res. 79-95 "Declaring Representation on the Borough A~'sembly to Be ,xlisapportioned" (c) Res. 79-96 "A~arding the Contract for the Seldovia"'l~arkroom and Shop Firewall Project to Inlet Instruments and Controls" (d) Res. 79-97 "Accepting the l,ow Bid of Ilerndon 1[ lterndon and Awarding a Contract for the Construction of Greer Drive" (e) Res. 79-98 "providing for the Transfer of Certain Local Service Roads and Trails Program Funds" AGENDA FOR JULY 17, 1979 PAGE 2 Res. 79-99 "Awarding tho Contract for the Redoubt Ei-elnentary School Fencing and Playground Ectuipment Installation Project" Res. 79-100 "Granting Easements to the City bJf S01dotn'a Across the Soldotna Iligb School Property" (h) Res. 79-10' "Cranting an Easement to tho L~t~'-Y--~-f--g~)-l'dotna for tile Purpose of Extend- lng and Paving .~larydale Avenue Along Be:'ou§h School Property" II. (i) Res. 79-102 "Authorizing Expenditure of Funds to Purchase a Gru,man Type I ~lodul. ar Anbalance for the Nikiski Fire Service Area and Awarding the Bid to O'Neill Seagrave of Saratoga, California" ($34,767) INTROI)UCTION 0F ORDI:{ANCES Ord. 79-4S "Providing for a Phased Assmqption Of R6ad- ~6nstruction aud }.laintenance Pm~ers By the Borough in the Area Outside Cities" (b) Ord. 79-46 "Providing for the Rezoning of Parts I, II and III of ll'oodland Subdivision, City fo /cnai, from Rural Residential District to Suburban Residential ilistrict" (c) Ord. 79-47 "Authorizing Indebtedness By the ~6&nce Of Bonds in an Antount Not to Exceed $6,762,646 for the Purpose of Expanding, Renovating, Improving, and Equipping the Central Peninsula General Hospital Facilities, and Pledging the Full Faith and Credit of the Central Peninsula llospital Service Area for an ^nnual Levy of Taxes t~ithin the £entral~ Peninsula Ilospital Service Area, In an Amount Sufficient to Pay the Principal and Interest;~ Subject to Approval By the Voters in tile Central Peninsnla Hospital Service Area at V .~he Borough Election on October 2, 1979" (~prd. 79-48 "Providing for Reapportionment ,.~- bt th6 ASSembly and Establishing Districts k_../~Y flor the Election of Assembly Members at / ~ Large Igithin the ~istii.[~ gubject to the ~ ' Approval of the Voters at tile Borvugh Election '~ on October 2, 1979" .4 ~~ --~ ~ /9. ]. FO~L PRESENTATIONS I~ITt! PRIOR NOTICE J. COMIqlTTEE REPORTS (a) School Board (Long) (b) OEDP (Fischer/Moses) (c) Finance (IIi]le/Cooper/Crm{ford/llcCloud/Corr/ Douglas) (d) Solid l~'aste (Fischer/~lartin/Cooper) (e) Roads and Trails (Long/.~tartin/Corr) (f) Ports and llarbors (Arness/Ca~.pbell/Ambarian) (g) Local Affairs (Campbell/Ambarian/l)iim, ick/Arness) O AGENDA FOR JULY 17, 1979 Page 3 K. MAYOR'S REPORT (a) Financial Report will be in the audit L, SCIIOOL CONSTRUCTI ON (a) Correspondence from KPBS1} Supt, Fred Pomero" (b) Furniture and Equipl~ent List; Se~,ard lligh School and Redoubt Elementary M. OTItER BUSINESS (a) Memo 80-6 Appointments: Planning Commission and Central Peninsula Ilospital Board (b) Tax Adjustment Requests (c} Request for Waiver of Pot,alty and Interest, Robert P. and I.oretta ~I. Il-lie (d) Nemo 80-8 "llomestead Ordinance 79-31" N. ASSEMBLY AND MAYOR'S COMUENTS O. PUBLIC C01,11,1ENTS P. INFOR~IATIONAL MATERIALS AND REPORTS (a) ~linutes: School Board, June 18 ~ 23, 1979 News in Brief, 7-9-79 KPB Plat Comittee, 6-18-79 Nikiski Fire Service Area, 6-13-79 (b) Alaska ,~lunicipal League Newsletter (c) Cost of Living Index, May 1979 (d) P}.iA Monthly Status Report on Various School Projects, Memo 80-09 Q. NOTICE OF NEXT ~IEETING AND ADJOURNS. lENT CITY OF KENA! ¥ July 25, 1979 Wien Air Alaska Attention: Bob Dodd 4100 International Airport Road Anchorage, Alaska 99502 Dear Mr. Dodd: It is our understanding that the City of Kenai is responsible on an indeterminant basis for the security in the sterile area during IVien flights. This service is currently being provided by a uniformed police officer who must work a minimum of two hours per each Wien flight. It is further understood that the City of Kenai will charge ~ien a minimum of $50 for each flight. In the event that a police officer has to be on duty for more than two hours, the additional charge will be $2S an hour. This is to cover the policeman's overtime wages plus benefits. The above is subject to change should ~ien's flight schedule be altered. ~ien is responsible for the security around the aircraft and the gate at the north end of the Terminal Building. Please sign and return a copy of this letter to the City indicating concurrance ~ith the above. Sincerely, ~_~ .Jim Swalley '~ Airport Operations Officer I~'IEN AIR ALASKA :.., ?:.. /,/. _// Title CITY OF KENAI P, O. BOX 580 KENAI, ALASKA 99611 ~~~m Ouly 26, 1079 lirrlill - MEMORANDUM FOR RECORD FROM SUBJECT JIM SWALLEY, AIRPORT OPERATIONS MANAGER JANITORIAL MAINTENANCE AT THE AIRPORT TERMINAL BUILDING Since July 3, 1979 I have had several conversations with Mr Tom Harvey of ServtceMaster concerning the appearance of the Airport Terminal Building. These conversations included, but were not limited to the following: The general appearance of the restrooms including toilet paper and paper towels The general appearance of the Airport. Lobby, particularly the ashtrays, placement of trash recepticals and replacement of carpet by the doors The general appearance of the offices, including dirt under the chairs and in the corners, emptying the ashtrays daily and cleaning the desk tops On July 25, 1979, Ketth Kornelis, Acting City Manager and Director of Public Works, and myself had an extensive conversation with Mr Harvey concerning the housekeeping at the Terminal Building. Mr Harvey voiced the following two concerns; Mr Harvey's crew is spending considerable time on areas that seem to have been neglected over a long period of time. Mr Harvey's crews are often cleaning the restrooms when bar customers from Oaddy's Money come in and leave messes then are derogatory in their treatment of the Service Master crews. I suggested in response to the first, was that more time should be spent in general care of the Terminal Building and the neglected areas to be worked on as time allows. PW MEMORANDUM Ju]y 11, 1979 TO HONORABLE MAYOR AND COUNCIL OF THE CITY OF KENAI FROM PINK WTIPIL SUBJECT TITLE TO SECTION 36 LANDS At the direction of the Charles Brown, Acting City Manager, ! spoke to Ray Mann with the Department of Natural Resources, Section of Lands on the above date. The status of our title to Section 36 is as follows: the plats are ready for signatures and recording. The final step then is for these lands to go to the Patent Section which will do a final verification of the legal descriptions of the lands and the status of the Patent. The Patent Section will then issue the Patent, but Mr Mann could be no more specific concerning a time frame for this to be done than one to three months. Mr Mann went on to say that the City now has what he referred to as "working title" to the lands. He explained that we could go ahead with our planning for the lands, even so far as to conduct a land sale with this working title. I asked Mr Mann to verify this in writing and outline precisely what could and could not be done with these lands at this time. He indicated that he would be happy to do so and would attempt to have a letter to us by the end of the week. '3 9 10 I! Sweep all floors and mop daily. ~'acm::a any rugr. or carpets. Re~rov~, finger marks a~;~ sEiudges froii ¥;alls, ¥:oodwork and glass surfaces. Clean all entry dora's Clean and sanitize totlct figures and stall partlLions. Clean and sanitize drinking fotmta~n. Hatntatn adequate supplies of toilet paper, towels, soap powder and so on fu toilet roo:,s. Replace bm'ned out light bulbs and fluorescent tubes excluding exterior mercue~ vapor and exit lights. Pick up debris around terminal building and dumpster area. Remove sno¥1, ~ce, dirt, sand and gravel ftor,~ ~,all:s and ~fithin 25 feet. of the build,nC. Perform the ~.~ork necessary to maintain cle~n and orderly appearance the lobb~ area in the earl~ afternoon. This shall include, but not be limited A Dust mop floo~s B Spot Jt~th dar,:p mop ~;herever needed Empty and damp ¥ttpe ash trays Spot clean aindows tn front and rear entries Clean restro~ms SERVICES TO BE PERFOR~4~O ~EEKLY ~$ash all wastebaskets. Contractor may ~uppl~ plastic liners for 9;astebaskets at his option. C~pletely clean all desks and tables on ~eekends: remove everything from the top except phone, type~¢rtter and similar office equipment. Dust around any papers on the desk or table. ¢ompletel~ wet mop and buff all hard surface floors. KD?AI 'ATR TEP.,'.II~:AL BUILDI;IG OA;IITORIAL CO:;1RACT · SP£CIFICATIO;~S - page 4 $_ERVICE~. lO L'£ P[RFO~,:-:ED AS STATED Cut grass around building every t~.o'~:eeks durin5 season. Use sc~the on ~eeds and tall grass, Clean ~fndo~s and ~lass doors every tv;o ~.:eeks April through October on the outside. Clean ~,;anthly ~nside throughout the year. Every three ~:onths strip end resurface all hard surfece floors. Use slq~ resistant recta) lin).(ng Pob:~er finish - one coat of seeler and two coats f(n)sh. Every three mo~,ths clean base~;oards and shampoo carpets. Cleon light lee:sos ~nd air vents Damp s'~)pe ~indoa leges and sills ~, lo:,~y area every t~to ~:ee):s. Polite tresh., in.. 5herE-tort, F,,rtf,,~ l:,t at Air;,ort Loo~ mor~thly l':ay, Our,,.,, July For further infon~:¢tion ,:er.'~ct the City ~f }:er, lO, Po~t Office Eox 850 Kenat, Alas):a 99611; Telerh:.,e tw~. Set {5D7) 233-75~5. CITY OF KENAI ¥ P. O. SOX 580 KENAI, ALASKA 99611 TELEPHONE 28:3 · 7S3S July 5, 1979 Attention: Small Business Administration The ORKA General Contractors eompany should receive any necessary assistance as continued construction activity continues in the area and such should be handled as much as possible by local firms. The local hire and purchase policies of this firm are strongly endorsed by this City. Sincerely, Vincent O'Reilly, Mayor VOR: sp CONTRACTORS BOX 3265 ALASKA 99611 283 -$067 JULY 2, 1979 The Honorable Vince O' Reilly Mayor, City of Kenai Kenai, Alaska 99611 Dear Mayor O' Reilly: I am attempting to obtain 8(a) certification as a minority contractor through the Small Business Administration for ORXA Oeneral Contractors of Kenai. It would assist me to have a letter from your office stating that my company can be useful to the community in terms of generating additional Jobs, monies, taxes, etc. I owned and operated this company in 1965-69~ in the Kemai and $oldotna areas. X also operated the Village Inn in Soldotna in 1968. I have lived in this area most of the time since 1967, and have my home in Kenai now. I plan to engage in general construction, roofing, dirt construction, and any other types of construction I can successfully perform. I plan to use local residents and minority employees ~;henever possible on my contracts. The receipt of mM 8(a) certification will enable me to obtain government assistance in obtaining Jobs and contracts. Any assistance you can give me will be greatly appreciated. Thank you. Sincerely, Mildred T. Kiser, (~ner 0RKA General Contractors -.;_ .,,...,'....:::. '.-..:--,.::_"-., BOX 157 KE~NAi, ALASKA 996~! ~mmOaT ~oa ~E ~ON~ 0F ~ Circulation Fiction 303 160 34§ Non-fiction 288 67 102 Total Book Circulation Films, Phonodiscs, Pamphlets, Periodicals Total Circulation Adult Juvenile Easy Books 268 A~ditions Adult 15~ Gifts 77 Juvenile )$2 Purchases 201 Easy books 82 Total Additions Remedial and Re-worked Books A~ult Juvenile Total 35 ~ 39 InterlibraryLoans Ordered Received Returned Books 1~1 183 39 Phonodiscs/AV 39 28 36 1325 278 Volunteers Number 28 Total Hours 360 plus 2~O hours from Indian Action Program Fines and Sale Books Xerox Sanitary Cabinet 78.25 5.75 Total Income for June $~15.57 BORROWERS CARDS ISSUED JUNE, 1979 Kenai North Kenai Soldotn~ Anchorage Homer Clam Gulch Sterling Anchor Point Easilof 1~6 2 1 3 2 1 6 Total 223 KENAI PI~IglNSUIoA BOROUGII AGENDA FOR Till.; REGUI,AR ASSEblBLY MiH';TING JUNI! S~ 1979; 7:30 P.M. AND RECONVIiNIH) JUNE 12, 1979 BOROUGII ADMI ~ I STRAT ION BU I I,D ING SOI,I)O'rNA, ALASKA 99669 - AGENDA - Page n__~o. C. D. Ii. · !;AI, L 3'0 ORDER ANI) ROt. I. CALL PI,IiIIGF. OF AI,LEGIANCE ANI)/OR OI'E,XIXG CERE.~IONY SEATING OF NL:W ASS":.ItlI,YME.XlBERS (none) AGEXDA APPROVAL MIXUTES OF: ?.lay 1S, Regular, )la)' 15, BeE, :,k,y 16, 17, 2'- and 23 BeE m~d :l,,y 22 and 23 Special :-leerings F. ORDINAgCE IlF. AR I XGS Ord. 79-25 "Adopting a Cor.'n'ehensive Plan ~~C-ft)- of Soldotna A~ a Part of the Kenai Peninsula Borough Comprehensive Plan" (b) Ord. 79-26 ",in Ordiaance ,Making Appropria- ti0ns f0F-Fiscal Year 1979-1980 to Ail Service Areas l','ithin thc, Kenai Peninsula Borough" (c) Ord. 79-24 "An Ordinance Appropriating ~b-F-Fiscal Year 1979-1980 for the lenai Peninsula Borough" Res. 79-77 "Setting the Rate of Levy ~or'F--ff~'~and Personal Property Taxes for the Kenai Peninsula Boreugh and for Service Areas l:'ithin thc Borough for the Tax Year 1979" 2. Res. 79-,ql "Adopting the Borough Bhdgb't Yof the Fiscal Year 1979-80" (d) Ord. 79-27 "Transferring the Cost of U~mfatio]~ of the BuiIding :::tintcmtnce l)ivisicn of the Pablic Uorks Dep:,rtment from the School fund to the General Fund" C:. I,"~T,,O,.IU,.'I IO., OF ORI)IXAXCES (a) Ord. 79-$5 "Exe,:H~ti.,:g l'urch;,ses and Sales )b-~-}]~-l'r-r'd~it Organizat ions from tile Borot, gh Sales 'lax" ~) Ord. 79-36 "Amending Section 5.12.1.10 of t ~V6'~h Code Relating to the Exemp- t '-on of Iiou>ehold uffc. cts f,'om thc l'ersonal Property Tax" lc) Ord. 79-37 "l)eclarhu; the Assembly's ~/-t-[-~e Policy ~ith Respect to the Provision of Special Services in Service Areas and llefinifig the Status and Respon- sibility of the Boards of Directors of the Service Areas Within thc ;;ol'otlgh~ and lhmcting Section 10.04.001 of the Borough Code of Ordinances" 1 1 1 1 Appv w/Addition= 1 Approved 1 Enacted 1 Enacted as Amendea 5 Enacted as Amended 12 Adopted as Amended 13 ;;'i thd rawn 13 Enacted 14 Set for llear. 14 Set for {Io-,r. 14 IVi thd r;,wn temporar i ly AGENDA FOR MINUTES OF JUNE $ AND 12,. 1979 H. PUBLIC PRESENTATIONS (with prior notice) ia) Mr. Truman Knudsen, Martin liomestead etd · ih) Mrs. Sandra Vozar, Board of Equalization Io CO)~ilTTEE REPORTS (item skipped) J. biAYOR'S REPORT (item skipp¢ ~) K. SCHOOL CONSTRUCZiON REPORT (c) Res. 79-?0 "Avtar~ing the Contract for tile l~rojbct Kenai Junior ll.-'gh School and Soldotna Junior lligh School Darkrooms and Kenai Junior liigh Schoo~ Conference Room to Cordova Construction" and ?.Iemo 79-97 (d) Res. 7g-71 "Approving the Acquisition of L"6~'~--L'~nds for Use as a Playground at Tustun~ena School" and ,~.lemo 79-91 Res. 79-72 "Accepting the Bid of l~ard L~dscaping to Perform the Selcard lligh School Track and Field Landscaping Project" and {[emo 79-96 L. OTIIER BUSINESS lb) Res. 79-73 "Awarding the Contract for tho Kenai Landfill Haintenance Project to Robinson's Construction" and ~emo 79-93 (c) Res. 79-74 "Awarding the Contract for tile P~'~~ward Landfill )Iaintenance to Netco Landfill, Inc." and ~eno 79-92 id) Res. 79-75 "Awarding the Contract for the Project .... Soldotna Land£i11 ~laintenance to Robinson's Construction" and ~lemo 79-94 Ce) Res. 79-}6 "Awarding the Contract for the Seld0Via-Landfill liaintenance Project to gary gunkel" and 5Ieee 79-98 NEXT MEETIng: June 19, 1979; 7:30 p.m. !rems left pending from thir agenda will t.e added to the June 19 agenda. pare No. 14 15 Adopted Adopted ~/Recon. 15 Adopted 1S Adopted 15 Adopted 16 Adopted 16 Adopted KENAI I)I~NINSULA BOROUGI! ,JUNE S, 1979; 7:30 P.~l. SOLIiO'I'NA, AI,ASEA ~. CALl. TO ORIIEI~ AND ROI. L CALL 'Flie meeting seas called to order by Pres. Elson at approximately ~:30 p.m. PRESENT: Asse;:~b])-~:enbers Corr, Crass'Cord, Davis, Dimn[ck Dou~las~ Elson~ Fischer~ Iii lie, l.on~ ~larttn, ~loses, Ahfl)orian, .~rness, Ca~npbel1, Cooper; Flayor {;[ lman, F[nance l}i rector Barton, Comptro]ier Ross ~nd Auditor Co,;hill, Atty. St~risky, Planning Dire=tm- Is'arin~, Public li'orks i)irector liakert, Assessor Thomas, Adnm. Asst. Baxley ABSEKT AND EXCUSED: Asse;:~ol),member ~,lcC1oud B. PLEDGE OF ALLI~GIANCE AND/OR OI'ENiXG CERI~!ONY C, SE~TING OF KEI~' ASSE~IB1,Y~IE~IBERS D. AGEKDA APPROYAL The ~genda ~'~s approved sd thout objection ~gith the follo~s, ing changes: Add l.(t') and (g) after l:~c) I~h[ch are resolutions relating to the general government budget; cha~e the Ordin:mce number 79-2~ Substitute to E. ~I[~IUTES: M~y ~Regu]ar~ Hay 1S BOE~ ~lay 16~ ~7 and 22~ 23 BOE~ ~lay 22, 23 Special ~leetin~s Mr. Campt. el~ c~lleR attention to ~he actions of the Budget ll'orkshop of "-.. 16 and retorted he had made the mot~oa to adiourn. The correctic;, ~as noted and the minutes ~,'ere approved as su~- mitred. F. ORI}[ffANCE itEARI~GS: Ord. T9-2S "Adoptin~ a Comprehensive Plan For ~~f Soldotna as a Part of the Ken;ti .~o~ou~h Co:apre~cnsive Plan" The ordinance I;as read by title only as copies ieere available rot the rublic. Public ilearing ss'as opened. l!a~or To~n Beal-~r: or $oldotna reported the colaprehensive plan for the city represents about tl~o years ot' ss'ork by the city and borough pla{reefs. The plan is accordin!; to sghat the or the citi:eas of the cit~ ~gant and he urged enacta~ent. As no one else sgished to be heard, publi~ hearing ~as closed. ~RD.~N,/NCI! h'AS ENACTIlD I1Y I VOTE OF 177.5 "YIiS" TO 9 Davis voting negatively. Ord. 79-26 "An Ordinance llakin~ Appropriations for Fist;il Year 1979-7980 to Ail Service Areas l~ithin the genai l'eninsula Borough" -1- KI!NAI Pi3NINSULA BOIIOUGII REGULAR ASSIi~IBI,Y I~IiIiTING ~IINUTi!S .JUg_NIl S, 1979 PAGE 2 The ordinance was read by title only as copies were available for the public. Public hearing was declared open. Supporting budget cuts for the North Peninsula Recreation Service. Area were Karen NcC;ahem, Ken ~icGahan, Carolyn Iluhndorf, Wa],~'o ~'d Ruby Coyle, Betty I~arren, IVally Van Sky, Adelo Jones, Art l~riaincn. During these-presentations, some believed they ha~ v'~tcd only for .' pool {vhcn ti~c service area was formed ~nd nbi ~ full recreation powers. They would support the pool a~ budgeted but not additional recreation progr-ms ~ithout a v~,te to clarify the question, t-lost believed the ~ool is under u~filized and over staffed. There ~,'as objection to the taxpayers of North Kenai paying for the pool ~,,hen it is being used by the schools at no charge. It was mentioued the po'plo are paying fe,r school teachers ~ho attend s~:i~ classes as well as the pool employees. The high assessments in the area cause higher taxes ~ich create a hardship to holders of large pieces of land and ~o those on rest~icteJ incomes. They believed that some cuts in ~rsonnel and capital i~nprove~ncnts could be made without seriously }eopardizing the s~iimning pool ope,ation. l~nry Kay and Jerry Cochran prostate' a petition to the assembly ~ontaining 647 signatures; 591 are Y/orth lload residents and approximately 10~ are users of the pool. The petition requests ~he assembly not to alter the proposed budget for the Xorth ~eninsula Recreation Service Area. lit. Cochran reported the people feel since they are paying for the pool and have had input through the public hearings held by the service area hoard, the budget should be apl)roved as submitted. It represents what the majority of the people ~,'ant. Others speaking ~n favor of the XPRSA budget as presented were Janie l~ite, l. indsey Clark, Kurt Kristensen, Janice Ah,'in, garol Saari, Esther Rhinos, ~Iae Layton, Ton Robertson, Betty Sn),der, Linda l~'ood, Chet Broa'n, .~dele Jones, ~Io Davis. Com~.~ents included statements as to the need f,r recreational programs in the North Road area and services provided being ~orth the small amount of taxes required to fund the operation. It ~,as ointed out that taxes on $100,000 evaluation amount to only 98.O0,vzith the cut proposed, a savings of $i0 could be realized. ~eople reported wanting ~'ell qualified employees on duty at ~e pool, stating providing recreation facilities for the area ~s a good investment for the )'ounger people as ~,'ell as adults. }~t. James A. Arness, Board Chair;nan, Central Peninsula llospital 5~v~ce Area, provided an explnn-tion of the Board's unbalanc:,:~ ~dget. tie understood there had been some revisions made to the original budget. The projected expenditures exceed the begin- ming fund balance plus anticil~ated revenues. The Board has eliminated the property tax asscss~aent for the current year and there ~'ill not be a mill rate. l'he reasons the budget document does not balance are: (I) the beginning fund balance is lo~er than anticipated, (2) state shared revenues in the past have exce~ed $75,000 but these funds are being reduced this year, an01 '[~) the anticipated interest income that ~ould result ~rmn cash on hand is being held by the borough. In thc past the earac*d interest income from the revenues was allocated to the service area. Thc service area received atH~roxi~,ately $22,000 interest last year. This year the bourd anticipated the interest ~ould be al)proximately $45,000. This amount is not in the Imdl:el docu,~oi~t but the board feels it is entitled to thai revenue. lie stated Ord. 79-41 which was iutroduced last month would eliminate the allocation 6f interest on fllnd bal;mces to the service area. The last section of thc ordinance states it will - 2 - KEN^I PENI JUNI.: S, 1979 I'A(;i'; 3 become effective immediately upon enactment, which I¢ill mean that if tile ordinance is enacted in June it ~qil] affect the present budget. The board feels Jt Js entitled to the interest ~araed in this fiscal year. If that item Js added to the budget tho deficit will be substantially reduced. ~auolher item he said the hoard used to balance is the $35,800 '"Restricted Construction lleserve" account. This was used to accumulate t¢halcx'er dollars ;¢ere left over after the board identifies expenditures it weuld like to make. It nm~' appears these funds wi]~ not be aw~ilable a~; state shared revenues have been l'ctluced. If it b..co~;les necessary~ that particular line should be reduced. One other itel,I in the bu~lget causing confusion is the board~s action in hudi;eting to pay off the debt service of the hospital which is appr2~:i~mCely S525,000. The hoard ~'ould like to do this in t~'o stages, July 1~79 ~,~ the Spring of 1980. Thc t~uson if all of it is paid in July and an operating deficit occurs in thc hospital later this year which is greater than anticipated, there would not be ~loney' to cover operation. Thc current debt has a favorable in~erest rate but i; Ll~e borough elects to take the revenues ero~ earnings it has because it docs not spend a11 its money, in effect the borough ~ould be picklng up the 8 to 10t interest earned fro~,~ those dollars and the board would still responsible for paying the 3 to 4~ interest. The board prefers to clear the debt and if it is decided to proceed ~,'ith the expan- sion, it would be as a separate project. The advisory board ~could lil;e to comFletely eliminate all liability before taking other steps as it feels the hospital should stand on its own. Nr. llille explained there are sinking funds for some of the other service areas and the interest earned goes into the fund to meet the retirement ~chen it comes due. The ordin~mce referred to does not effect this. t, lr. Arness stated this service area does not have a siaking fund and if the interest ordinance is e,~acted it ~cil1 elizinate approxir,ately S.10,000 revenae from .July 1, 1978 through June 30, 19:9. The prime concern is that the board receive its interest allocation and not have it taken retro- actively. As everyone ~,'ho ~tished to speak had done so, public hearing was closed on Ord. 79-26. Finance Ilirector Barton reported !ection 2 should show the amount as $1~379~627 and Sectio~ 4 the a~:~ounc or S528,S17. ASSESIBI.YIlIglBER ltl LLE }-IOI'ED I:C2 ENACI'HEST 0F ORI). 79-26 AND RE,~UES- TED IHI'ISIOS OF TIlE QIIEs'rtos. Section I Central Peninsula Ilospital S.A. Hr. llille stated establishing a sink'ing fund for the retirement of the debt rather than payh~ll cash will accomplish a cash ~avings of about S100,000 which, will lnore than offset the deficit n the budget. '~SE~IBLli~IIiHBER III l,l.li ~.IOVEI) 1'0 A}IliND TIIE AIIOUNT OF SI~C'I'ION I TO ~;~6'0,275. Nr. gnrton exp~a~aed by chm2g~ns the ~[gure to $4~0,275, line items in the budget ~ould remain the smue except for a transfer to debt service {o ~ay off the entire debt. l~y estab- lishinL a sinking fund of $2.6,000 interest would accrue at current rate of ~ZI,4~5 ~dlich is needed each year to pay the - 3- KENAI PENINSULA BOROUGII ASSEI4BLY REGULAR )llilTrlNG MINU'I'IiS JUNE 5~ 197.9 PA(;li 4 debt service for the 10an. In addition to the $226,000, $21,475 has been put in £or this current year's debt which would total $247,475 for the transfer to debt service. This would then result i;, the $460,275 budget which would leave a balance o£ $12,475. QUFqTIOt~ IqA.q CALl. ED AND THE A~.IEND,XIEN'r PASSIiD BY A VOTE OF 127.5 "YES" TO 9 "NO"i Arness voting neg.tively. QUESTION IVAN CALLED ON SECTION ] AS AI.IENDIiI) A,'~D TIIE I.{OTION PASSED BY A VOTli OF 118.5 "vEs" TO 18 "NO"; Long and Arnes$ voting "Re". Section 2 Nikiski Fire S.A. $1,379,627 Following some discussion Section 2 with tile a,nount o£ $1,379,627 igAS APPROV{~I) BY :. VO'IE OF 127 "YES" TO 7.5 "{,lO"; C;:mpbcll voting negative] y. Section 3 South Peninsula Hospital S.A. $335,417' SECTION $ 15AS UNA:.iI:.IOUSI,Y APPROVED. Section 4 Xorth Peninsula Recreation S.A. $528,817 ASSEI4BI.Y.'.iE,XlBER I~OUGLAS :lOVED TO A~.IE2<b SEC'rlO,'i 4 TO $452,541. ASSEMIII.Y:.iE:IBER KARTIi{ )lOVED TO A.mlE,XD SECTION 4 TO $703,321. Mr. Martin stated ~e is making the maendment as a courtesy to the service district although he is oeposed to it. lie believed budgeted items for other capital improvements should be placed on a ballot for the public to determine whether it is a recreation or a swi,~uuing area. He believed administrative costs of tile pool operation are higher than the)' should be for the amount of people using the pool. Q{JESTIO~ NAS CALLED ON .~IR. ~fARTIN'S A;.IEI{I)?.IENT I~IIIC}t FAILED BY A VOTE OF 25.67 "YES" TO 112.85 "ILO"; Crawford, Davis, {lille voting affirmatively. ASSEMBLY~.IESi~ER CORR MOYED TO AHEND SECTION 4 TO $694,053, REDUCING TIlE DIRECTOR'S SALARY BY $9,268, RE~L~IlglNG AT RANGE 19. Mrs. Douglas objected to the budgeted salary increase for the pool d~rector, stating the change in range t,'.~ll provide an in- crease of $566 per nonth. She also objected to salary tacrea~u~ for the other e,~ployees. Mrs. Douglas reported documents received from the pool director show an average annu~,l pool use of 60.000 eople, which a. ould be 15.42 people per hour. She could not usti£y having 5 people on duty to ~¢~tch from 5 to 1.3 people swim. Salaries alone for the pool oi. crat ion amovnt to 559.00 :,n hour for the 15.42 people to swim. This a, verages out $4.42 cost per person to meet s;,laries. Mr. Martin stated 51r. Corr's ,,orion left all the capit;tl iraprove- men,s in the budget. $40,000 is bmlgeted for pool resurfacing but the $154,500 is outside the pool :,rea aud shoold be omitted until a vote decides ~,'hether to have full recreation a,thority. Mr. Corr stated the decision was made ~ehen the platforms m~d Tyonek were included in the service are;,, lie furlher added the assembly shoald re,alu line item control, but should lis,ca to the t~ishes of the service are;, boards, lle could not see putting people o,t of ~eork at a tiv~e of hil:h nnc,q, lo)',,tent. o 4 o KI.*.NA 1 l'J::] l ~SIH.A BOROUGII ASSI~I'.IB],Y RIi(;UI.AR MEF. T ! NG **,II NUTI!S .HJNE St. 1979 __PA(.;I~ 5 QUESTION l~/~.S CAI.I,I".I) ANI) Till". MOTION FAII,EI) BY A ¥OTE O1:23.67 "YI':S" TO 112.8.~ "'NO"; Corr, Cra~clTord :lad llille £avoring the J~totion. }.irs. ]:o~,:;]as called attention to thc schedule presented tonight l~,hic~., t.-:ll.q for 14 hotlrs a dily~ S d;t)'s a week ;,nd I0 hot, r.,; pool ope~',~l, jon on weekends. She recol:llliellded 1 pool I~ta~ager~ Range 1 fullri?~e instrucl'or, R;~n~;e 9, 1 fulltime (;m~rd, Rnnge 7, 2 parl ti;:c /;:structors~ petite:if;cat ~ ;l;int~c 9, I part tilllo $,,unrd, pe;'~n.~;lent tlange 7, 2 part ti~.,e guards for 10 hrs. at $5.50 per .lo~l plus the board secrctnr)' at $50.00 per AS. ;,IBI .... i;.,,.,,;R CORR HOVEl' TO .¥,IENI) 'file $69,l ,053 I:ICIIRE OF Ills LA.SI' AI.:I~;~I)~It:7;T BY lJJ:l, li'fl:-;i: $10,000 }OR I),Xii}~S A:~t) $35,000 :.;AIXI'ENANCIi l~(lll.;,l:.~G, $7,500 .XCCESfi RoA;):;, ~0,000 FOR PICNIC S:t]:LTERS, FOIl .% T6i'.Xt. iIUDGIi'I' OF $635,5S3. It is noted this fi~:ure would still reduce the director to Range 19. q!~STION I~'AS CALl. itl) A?:D 'l'nE .~..;EN!)~iJ~:;T FAII,ED BY A VOI'E Of 39.67 "YES" to 96.83 "NO"; Corr, llavis, liJlle and ~losea voting "Yes". Q~STION :;AS CAI.LEI)ON Tile I'li{ST A:.:I:ND:,IENT OF S.I5:,S41 and }.lOTION }:.~SSED BY A VOlE O}- 83,83 "Yi:S" TO 52.67 ":;O"; i)int~,~ick, Douglas, Elson, Long, 3lar~i$;, Ambarian, Arness, Canpbcll and Cooper favoring the ~:otion. QIIESTIO:: I~AS CALLED O:; SI.Cf ION 4 AS A:qENDED AND TIiE HOTION PASSEl} BY A VOTE OF 105.5 "YIiS" TO S1 "NO"; Corr, Davis and Fischer voting ~egatix, ely. Section ~ Bear Creek Fire S.A. S76,625 QUESTION I~'AS CALLED AND Si~{71'ION S UXANIMOUSLY APPROVED. Q~.JESTIO?: t~AS CALLED O:'; EX,~C'F~.IE:iT OF ORD. 79-26 AS A~.IENDI;D AND T'II~ }IOTiG.{ ?ASSED BY A VO'i]~ (%: 105.3 "YIiS" TO 21 ":;O"; Corr, Crawford, Davis and Fiscl:zr voting a$Iainst the ordinanco. Ord. 79-2,1 "An Ordi:~ance Appropriating Funds for Fiscal Year 19'79-80 for the Kenai Peninsula Borough" TDe ordinan:e ~'as read ~y t~tle only as copies tcere available f¢,~ tho p,,hlic, l'ublJc hcari:~g xcas declared open. ~lr'. Vin~e O'Reilly, s?eaking for ):rs. IIazel Ilcath, OL;JP Pres., reported :,Irs. IIeath is ill tonight .i;~d he ~ciIl present her pta. pared rc:.:arks, lie pl'csc;~L~'d tc docm;~cnt to '.he clerk to beco,~e part of the official re. cord. In stl~il,:ar? }lc reporte~ ;,Irs. lleath ~lnd other ;:~c~i;bc'rs of the OEIJI' Co~a~iftee ~cere quite d~turbed at remarks :;~adc during the bud~let session xchich applied to the voluntary service of citizens serve on the co:a;:dttee. Hrs. lleath points out the executive Co}~;r~lttcc has bcell concerned about the direction the OlilH' program had b~en going and stops were being taken to correct it. The pro$,.z;.~.: has ~een continuous s~lce ]909 and has been bellyful :n dealing, x'ith industrial development. The O[;;H' is the ass~,bly approl~riato S53,000 to be added to ~he from E;}A for the budget necessary to retain the staff n~eded to do the job effectively. Mr. O'Reilly co~mlented that a period of economic distress is not a tithe to reduce our economic devel opm~nt effort. o S* KI.~NAI PliNINSUI. A BOROUGII ASSE~IBL¥ REGULAR FII~I~TING ~IINU'I'ES JUNI~ $~ 19.7,.9. , P&(;I.; 6 Mayor Darlene Crawford of Seldovia stated that the OF. UP Dept. ha.~ played an important role in recognizing the needs of hc, r community. ]'he department has helped keep SeldovJa a high priority with the various goverm~ental agencies which fund ~ho u~ilities i~,prove~ents desperately needed for industry. Mrs. Ruby Coyle believed borough assessments ~re too high on .'eel and personal property and holed the Asses~o~ is allowed to place top vulue assessments on ~,ropertics. She did not lowering the mill rate slating the borough gets back fro,~ the state ~ to 5 :mills of thc 20 mills they ~:sscss th oil industr),. One mill less ~n~om~ts 'o S~4~,771 which Ibc borough ~j]J not receive. Si~ce the borough provides services to industry she believed it sLw~13 b~. receiving its fair share from industry t~xes, l~rs. Ce/lc also urged retentJ, o~l o~ the oEi)t' l~ept, and the Planning ~.ept. as staffed. }.irs. Betty I.'zrr~:~ co:,~:..entc~, "Do unto olhers as you did :o us" and cut oth,:-r budgets as ~'ell as thc recreation budget. Mr. CharlJc Jerker believed the Planning i)ept, is grossly over staffed av~ ~ver paid for a rural b:,rough o{ 25,~00. The present staff slloul,2 be cut back to ti~e "pre-~il~mn" level of 6 per:;ons. The pre~ent staff of 11 is costing S~8,86~ ].n salaries and benefits. ~i~ does not include the negotiated 7~ increase. Mayor gilman has stated we need a large planning staff to resI,ond to state und federal regulatJo::s but these agencies should enforce their own regulations without our intervention. Mr. ~cott Hm~o~ addressed the OEDP budget stating Pres. divided the states into 10 regions in direct violation of the U.S. Co~:sti~uti~. The regional government's primo purpose to overthrc~; the 1artful government of tho U.S. by destroying the ststes ~d estsb]ishing regions. As ~hore were ~o other persons to be heard, public hearing on Ord. 79-24 'ams closed. A/S~MBL~,IE~I~. D~.'IlS ~OV~D TO ADJOURN 211E t. IEETE~G U~TIL JUNE 12. ~e Chair esl;ed ii there ~'as objection to Adjourning this meeting until Tuesday, 3uae 12, 7:~0 p.m. to continue the agenda. There was no objection and so ordered. Meeting to be continued 3uae 12, 1979, 7:~0 p.nt., Borough Adal~,istration Bui Idiot. -6 - KI;NAI l'l:l~lN:;ill,^ B(H(OIIGI| III:CONVI3JI.I! MIilTI'IN(; OF JUNE 5, 1979 JUNE 12, 1979; 7:30 P.lq. F. ('~) Ord. 79'26 "^n Ordin;,nce Making Alq~ropriations ~i~'lF}'~ Ycar 1979. 19g0 to All Service Areas ~'i thin the Ken;ii Pcninst~la Borotlg]l" A¢SI('.HH,Y3IE~H~I;R '.I XWI'tN ~:('VE;) FOR II.I?.IEIIIATE RECONSI Ill;RATION 01: CRD. 79-26. IO;CONSIi)LP..'A'If)X FAII.E;~ BY A VOTE OF 38 "Y];S" TO 9fi.5 "~O"; Corr, Fisvb~ r, Martin, ~.losos favoring Reconsideration. (c) Ord. 79-2,1 "5~1 ordina'~co ApprolwJ;~tinf, Funds ~-~']~;7~T Year i979-1f}g0 for tht. I)enins;:i;s F~ ASSI.:fBI.Y:II::.Ii;I:R II~I.I.E ::DV~:D FOR ENMTfHENT OF ORO. 70-24 AND MOVED TO t)]VI;)I~ 'liiE QI;.:E'I'IC;;. DIVISION KAS A(;Ri;I.I) UPOX gY GI~NERAI. COHS~ET. ASBE'~.I3LYHI::,[J;i.R t:;LI.E NOVi:D ~O A~IE;;D SIN;'I't,*:; 1 TO CtlANGE 7;;;; TOTAL SUH I ~O3~ ~: ~ I ,90~,3f, 3 '1'O $12)392,225 AND (;I:t.;EkAL Ot'ERA'flO:{S TO S4,73B,);-;, 'I~L'.:;SFER 'lO CAI'ITAI. I'ROJEC'fS TO $962,362, 'rRA.XSFER TO ;~EBT SERVICE, ';?.ANSFI.R TO ;;gANT FU:;i), T.~AXSFER 1'o I AND LITIGATIO:; .~d;;. TRANSFt;R TO SCHOOL FUND TO R1Z, DX;;; 'rile SA~.IE; ,LqEXDIXG TIlE TOTAL FOR SECTION 1 TO REAl) $}Z,392,22S. ~.layor 6ilman ro?~r:ed the ordinance ~,'a:; introduced Hay 1 and at that time the e;:?loyees~ contract had not been conpleted or ratified; no increase was shoTm. The fil;ure Hr. itille has given for general goverr;;;cnt operations ine.mlc, s the 75 salary increase of approximately $1~0~8~0 and ~35,000 for ~ransfer site operation and n:,intena:)ce. Ee reported the change in the capital Frojects funff t:'as broaght ab,:~t last spring ~'hen $76,000 was spent on land for the ilor,:er land;~.'.l. It ~<as believed there ~'ere sufficient fun~s in the budge$ i)resented :,lay 1 to take care of all capital improvements at the solid ~,,aste fire:C; ho~cever, ~'hen the esti- mates ca~e in for rc.~"oration of the llo~:,'r and Seldovia sites it appeared the boron:dh ~¢as r~:nning about ~02,000 short and $62,3~2 ~'as added i;~:o the fund. An additional add~;l in at the req :c-st of Assembl)'nember Douglas for $~:o por- table units to be co~;st;':~cted for the North Kenai School. )Ir. lla~ert exl)laJncd i: is proposed to build on-);ite, ~odular units I4 ft. l)y 2~ f~. ~:hich are desig~ed in such a manner that they can oe ASSI{NI¢I.Y~H~':;;I~R ])IH~:IV~: '.'r:VEI) TO A:.I}::;I) THE GEN;;RAL I;UI}GET) PAGE .13; t'I.ANXI;;.' DI3"t'., I'I.RSON.Xl. SERVICJ:, ~;Y $151,572 0100 .';:l I a :'i es $151,590. 0200 Overt J~e 3,000 0300 farttime 2,000 OSO0 PERS 11,514 0600 FICA 10,407 0800 $';orknan's Comp 3, ,57 1000 llealth Ins. 5,700 1200 Life Ins. 577 Annual l.eare ~l,g04 Uneml'l °yme"t $.TI~ This would reduce thc Planning Dept. budg¢.t $337,868. fro:a $495,440 to -7 o KENAI PENINSULA BOROUGII ASSI;IqBLY RI~CONVED 1,UiE'rlNG OF QUESTION IVAS CALLEI) AND TIlE MOTION FAILEI) Il'/ A VOTE OF S5.66 "YES" TO 80.84 "NO"; Davis, Din:mlck, Douglas, Elson, Martin and Arness f~voring the motion. /~Si~BI,YI.IE,~.II;ER IIII,I,E MOVED TO APPROVE TRANSFERS TO TIlE DEBT SER- ¥ICE. FURD IN TIlE A.~IOUNT OF $5,165,000 ANI) IT PASSF. I) UXAXII. IOUSI.¥. ASSE}.IBI, Y/-{EI, IBER IIII. LE :,IO¥I';B TC APl'ROVE TIlE TRANSFER TO CAPITAl, PRO3ECTS FUND IN TIlE /~.IOUi';T OF $962,362 AND 1'III: :.lOTION PASSEl) BY A VOTE OF 118.. "YES" TO ]8 "NO"; Davis and Martin meting ~.egatively. ASSEHBLf,.H:~.IBI;R DIMt.iIGK ,xlOVI.;I} TO A IE.'{D TIlE GE:,:ERAI. GOVER:.LIEXT BUDGET, PLANNING I)IiPT. PEP. SO;LXL SERVICE BY $71,217 AS I.OLI.),'..~: 0100 Salaries $227.385 0200 Overtime 3,000 0300 Parttime 2,000 0S00 I'ERS 17,271 0600 FICA 14,362 0700 Travelers 10,971 0800 h'orkman's Comp 5,486 1000 !lealti~ Ins. 8,550 1200 Life ]n~. 866 Annual Leave 8,853 Unomp 1 o)'r,;en t 14,479 She explained this would reduce the Planning Dept. b;.~get from $495,440 to $424,223. QUESTION h'AS CAI. LEU Al'lB TIlE MOTION FAII. ED BI' A VOTE OF 64.66 "YES" TO 71.84 "NO"; Davis, Dimmick, Douglas, Elson, Fischer, :,lartin and Arness voting affirmatively. ASSE,~IBLY~.IF:.IBER .qARTIN MOVED TO :M.II-;ND 'rile ASSESIBLY'S ?RAVEL BUDGET 01.41110.3000 BY DELETI,~IG $10,675, I',';!ICH IS TP, AVEL OUTSIDE TIlE BOROU~I 1. Mr. llartin believed if it was necessary for assemblynembers to travel to con£erences, etc. outside the borough, funds could be provided from contingency. ASSEMBLYE.qSIBER HILLE MOl/ED TO A.XlENI) 'HIE .MOTION TO TRAXSFER TIIE $10,67S ~u ASSESIBLY CONTI,~;Gti:;CY ACCO-JXT 7400. Tilt. P~.CgED BY A VOTE OF 91.5 "t'l;S" T2 45 "NO"; Davis, Douglas, Fischer and Arness voting against the motion. TIlE BIOTION AS AMENDED PASSEl) BY A %'O't'E OF 7S.66 "Y;.S" TO O0.S*l "NO"; Corr, Crawford, llille, Long, .X::b;;riall, Ca;al.bell, Cool,or voting negatively. ASSE.XlBI,Y.XlE~IBEIt CAHI'BELL ,qO¥1';D TO Afl'ROVE TRAXSFI-;RS OF $27,000. ~layor Gilman explained the 327,000 is the local matching funJs for OEI}P. TIlE ~IO'I'ION FAll. Ell BY A ¥OTE OF 70.17 "YI*S" Dim.tick, Douglas, Elson, ,~lartin, Amb:tri:m, Arness voting negatively. ASSIh~IBI.Y.~II.:,~IBER III.~DIICK ,~IO¥1-:i) TO AI'i'RO%'E Till; 'rRAXSFliRS 3'0 I.~SIIR,X.~t:Ii AND LITI{;ATION I.'UNI} OF $31S,000. TIlE ,xlO'l'lOX I'A.qSEI! BY A ll.X,%Xl,qoIl:; VOTE. o 8- , /, KENAI I't.~ItNSUI,A ltOl~OIl(;ll A;i:;I:MBI,Y RI:COI'I¥1:NI:I) HI:IH'lNG OF .IUNli l?.~. 1979 PA(il': ASSI!!.II:I.Y~.II!HI~;R A:.IBAI(IAN MOVED TO API'IcOVE '1111~ TRANSFIiR TO SCIlOO~, lqlNl} ~}F ~J,187,659 ANI) TIlE MOTION PASSEl) llY A vo'rE OF ]09.S "YES" TO 27 "NO"; Davis, I}oug]as and l.on~ voting negatively. Mr. Amc. ss understood two positions tqere being eliminated from th.; Hailltt.nance Ik. pt. bmlget. Bccattse of the quality electronic ~;,,al'k done b)' Mr. I~agle, he did not believe his posi. l.ion should b,: el i;,:inated. ..l.......,~ ,.,O~1 ,} 'I'IIAT O:':~. I~MI'I.OYI.E lie Ill;l.}:'ll!D FROM '1'111~ ,.I,,I' ' Nlli?lNCl! ',h.ll.~ "' BIII'GET AND SPECIFICAI.LY NOT IHiI.E'l'E 'I'IIE O}il{ TIIAT TAKES(""';t~,l; OF IiI.ECTRONICS ::he ~.laTor expl;lincd t~'at no individu;~l h;~s been noti[ied that :he)' ~¢i I 1 be teri,knate:l. There have been not ifications that ~ositio;~s xcill b" delefed. 'l'he tt;o individuals that hold these ~ObS l:;~¥i' SOll iofi ~)' {)Xrt~l' ;:fall)' other boYottllh c;:;plo)'ces, particu- larl)' in the 5i;;~-:;enance Dept, Thc contract l~rorides they can theii own c];,'?ce btmp otl;.r individtials ~itbin thc, d~,p-trtment. It is only after il;at process is co~al, lctcd that those ~,1;o be laid off ~ill ;:ctuall)' he kno~¢n. In consi~leration of deletion of positions, tl::' ?iaintenance Superviaor ~¢as asked to pro~ide the ad~d:.istra;ion ~.i;h a brcal:doxcn of hours over a period of S or 6 years~ xchere sr.-;:ific services are being prorided. Xearl), SOt of the hours ~;e:'~. spent in the sltop and the balance ~pent in thc schools b)' t};z-sc posi. tions. Person:; i,'ho are special,sts in spec- ifie areas car:ntt be used as advantageous!)' and the boreugh has gone to so;r:, con:tactinE for services in Se~¢ard, Ito~;:er~ etc., becau:;e ~f the tilnin~ im'olved. This is an atteinpt to contract out sa:.: of the h'ork, ~s'hich should :t~.~ount to about $2S,000 saving. The..';av,'r.... reported he xcould have no objection if the asset,bl)' wi~hcs to keep the staff intact. ASSEi,IBI. YHE31BE}: CO:~ll ~.iOVEt} TO A?.IEND TO FUXD i;OT}l I OSITIONS A..I;;,IL,};.,I F.XII. ED i;Y A VOTE OF TIlE HAiWi'EX,',?(C~: ~;~.iliT 3NB Ti~E '~" .... '"' 41.66 "YES" fO ~.;.BI "}10"; Corr~ ('rmcford, ;)ax'is, Elson~ Fischer voting in thc VOTE K,~S CALI.;.d ,~1( 311l, AR3;ESS~ A:IE211I;IfiNT A.,t} TIlE 510TIO?; FAILED BY A YOTE OF S5.66 "Yi:S" TO 80.84 ":;O"; {lnrr, Davis, i}ouglas~ Elson, Fischer and Ar:less f;:roring the notion. Questions ~'ere raised as to the effect deletion of the $27,000 in "Transfer I¢ i;rant" fund t,'ould have on OIiIIP. The J. la)'or stated it coui~ ,,,an t]:'~ b'orough ,'anno~ apply for or receive any from the Ella bce.rose the borough has to proride m~tching fumls as a port of Ih{. eligibility roquiro:aonts, .XSSESiiII.Y311~HB::R I.OXG :.IOVEi} FOR I:.EiLI}I.VI'E I.,.:LtNSI~ .v..XI IO.~ OF "TRAXSFER TO ..... XXT FUND" AXIl TIIt: :,IOTION I'.XSSliil BY .X VO'i't[ OF 79,17 "¥1!S' 1'11 57.33 "XO"; Corr, Crmcford, llax'is, Fischer, Ilille, Long, :.!oses~ C;mpbell and Cooper favoring Reconsidcration. ASSEHBI.YMI;5IBI!R I.ONG ~,IOVED TO AI'PROVI[ "TRANSI:I:R %1 t;RA:Cr l:'.ting discussion or the OEIII' bu~tget, sot.' comments were m.'de t~.~ el'feet that it acts as the.clearing group for peninsula ce,2mmities, it functions ~ell for assistim, cities and the coz.~mnities outside cities, the econm~ty is not,' in a period of rece~ion td~ich is not the ti:~e to eliminate an organization tchich is providing grant fund assistance tchich in turn helps pro~'ide e~aployment and the $27,000 ~aatching money is a small to pa~ for the benefits received. -9 - KENAI PENINSI1LA IR)ROU(;II ASSIi~IIII,¥ RECONVIiNEII ,~tlili'rIN(; OF JUNE 12~ .1979 l'A(;li I0 QUESTION IVAS CALl,Iii) AND TIlE MOTION FAII,11II BY A VOTE OF 70.17 "YIiS" TO 66.33 "NO"; favoring tile motion were Corr, Cr-',w£ord, Fischer, tiille, Long, Moses, Campbell and Cooper. ASSIa~tBt,Y~tIi}.IBI{R ]IlLI,E )IOVEI) TO Al)PROVE SECTION ON{! 1H Tile TOTAL ~IO~NT OF $]2,305,33q AN')TIlE MOTION PASSED BY A VO]'E OF 81.5 '~ES" TO 55 "NO"; Davis, llimmick, Douglas, Fischer, ~hn'tin, and Cooper voting a~ainst t],~ ASSEMBI,YMEI. H{ER {III,I,L HOVE{) TO Al)PROVE 'rile si}~.{ OF $] ,235,000 ~'IIE INSURANCE ANB I, ITIUATION I:UND IX SECTION 1. Mr. Cm,lpb~ll expressed concern o'.or thc l)OSSihi,ity or litigation in the evellt the projects no{~' started cannot con~imm follm~inl; deletion of the OI;I)P organizatio~. ASSE)IIII,YHIi~IBE{~ CY;HI'~I~LI, NOVEi) TO A~.II~XD TO IXLilE.'.51. '{'llll {XSURA:ICi, RIiSERVIi FUXI) BY SS(,C,O00. QiJlia'l'lOX l;.~S C:,l.I.}iI) .,XI) 'f~lE f, lO'rloX FAil,Iii) IlY A VOTE 01:39.5 "!'};S" TO 97 "NO"; Corr, Crab, ford, Fisch.'r, Campbell and Cool, er faroriug thc mulion. QUESTION I';AS CALl. Ii{} OX ~.~!(. IlILI.E'S Hr;)'ION ~iiiICI{ PASS{.I) BY A UNANIMOUS VOT~ {;F ~23.5 "YES" - '- i 13 "TLf.iPOICXXiI.Y ABSIiXT" (Cram~t'ord and Fischer). ASSEt. IBLYZIEHBER i'f?,IHICE 3;OYEi) TO ,~PPROVE SEC] !OX 3 If; Ylii~ .E, IOUXT OF $48,111 FOR I.;XXD FUND. l. layor Gilman reported this su~;~ should be amended as this figure ~as put in prlo;' ~o the ri increase. ASSEMBLY)IEIIBER I.DXG )lOVED TO ASIE~D Tile 5lOTION TO $50,,117 AND BOTii TIIE ~qEEIIHENT Y,X[~ ~}IE )~IX 5lOTiOX I{ERE UXAXIXOUSI,Y APPROVED. ASSEIIBLYME)IBER ~IT'Y.IICK i-iOVEi) TO APPROVE SECTION 4 IX TIlE ~EqOUNT OF $277,0q0 FOR FEDERAL REVENUE SH.IRiXG FUNDS AXil THE 5lOTION PASSED BY A UX.~If-IOlIS VOlE OF 127.5 "YES" TO 9 "TE~II'O1C.~KILY ABSENT (Long). ASSE)HH,YS1E)IBER tH?liCK )!OVED TC APPRO/'E SECTION S IX TIlE OF $5,165,000 FOR DEBT SERVICE AXIl TtIE MOT/OX PASSED BY A VOTE OF 127.5 "YES" ~O 9 "~0"; Corr votins negatively. ASSE}.iBLYI. IEIIIIER I!ILI,E ZIOVEI) TO APPROVE SECT1OX 6 API'ROPRIATIXG $79,058 ]O TIlE OI~9P FUND. ASSEMBI,YSIEIIBER COOPER )lOYiil) TO ,~xlIiNl) SECI'IOX 6 TO $107,000 AXIl TIIE ~qENt)MEKT PASSEl) BY .~ VOTE OF 79.17 "YES" TO 57.33 "NO"; llimmick, Doug]as, Elson, ~k~rtin, A~ab;~rian, .lrnoss vot in~ ncgativcly. ASSI!~IBI.YIII!)IBI]R CORR MOl'IH{ TO AI'!'ROVI. 'rill! suf[ OF S96Z,3{,3 FOR CAI'ITAI, {'ROJI~CTS 1~ SECTION 7 AXi} TIlE ~dO'i'li)X P.XSS{:!) ill' .X HNAX- I)IOUS VOTIi. ASSIi~IBI,YMIiIIBER CM.tI'BELL 3lOVED FOR .IDOI'T!OX OF SECT lOX S {Viii STATES, "The 1979-1980 ,lmm;il Budget of thc Borough as apiary, red by the assembly is incorporated as a part of this ordinance set rorlh the appropriations assillned to the various accounls {md Jim' items." )lO'rlox l'ASSlii) BY A UN,IX[ZIOIiS VOTI;. As there lcere still questions coi{cer~lillg thc ;H,prol,riation for OEIiI' fund inS, Mr. Bar ion exp]ahied lhe total Olllq' budiwt is $107,000; S80,000 is thc granl ~und and 937,000 i~; the Ioc;sl matching fund. 10- l%layor (;il:ti:ill corem,hied th;ii sonleon(: hi-! prevlm.;ly reported lJv' money weuld COlllO ~l'Olfl iht' ]',(?llOl'al tlllld and if this is a correct aSSlllllpI !OB, he l)el ievcd }; 107,000 fr(m t'hc general fuml mid SilO,000 from federal funds !lad been apl)roved. A.q.%?~7.1.'.I.Y;.II..~.II:IiR ~,IAI~,'I'I,',' :,I(WliD I.'OR l,'bllZ) I ATE IUlt~O~,:S I I)IiRATI ON OF SI;Cf 23..; 6 FOR TIlE I'!JRP(l~;li OF CI,AI~IFICATION AF;D 'lllE RJ;CONSII~IiR- ^'1 ~¢':i I'.\:;:;!:i: BY A VO'I'I: OF 9.1..% "YI!:;" TO 42 "NO"; Co,'r~ Crawl'ord, l:is;iwr, Long ;llltl ?.o:.t':. %'0! iisi.' against; thc iiioliOll. ~h'. ~.:artin askc:d the 71:D'or ho:¢ lie v.'ould i)rocced now there is a deli'cji 1)ad.,.:ct. 'Ibc 2;.,)'or r~plicJ ;i dcficil. I)u.l!;e: cmmot ingly be adoptc:~. 'Ike ' c:'vu,;}: doc~: nut have thc i'107,00C in li~e general fund. .ISSE:.21!,Yt. itixW, I;I~ !.l?k'i i;, :~'.:'.';;.' 70 .\Pl'i~ ,:'RIATI! 8107,000 I:OR Till'; OEi)l' FU)iD. !:OR FY 1979-t.b. A.~'-J..'ti;I.Y.',Ii.:W.i.i: COl:!~, J. ii~V~[i} TO .\51liND TIlE ,~I()'i IOg ?'O A 'ro'i'.\l. st;?l 9}: .ci~7,05.. AND :',!'!'RtlPRIA'Ii! <;.27,038 t:II0.,'.I TIlE t;iiNl;;~.\l, FUX3. so'ri:.: .~h'. Corr ¥;:~r readihb from thc. original aPt;rol~riation ordinance v.'hich s~;:..'.ed .'t tot:il of 579,058. l;y this motion he mis att,.ir, pi. lng to ad,: ~'.ack thc 27g s!:mc:' in thc ori~.inal document; si,Ice th:n the a::.:.::nt had been increased to $I0~,000 which includes $27~000 of borc. ul;;. general fvnd ~.:o:;e)'. ASSiTi!;I.Y'.i:i;.iBER :!II.LI'; :.DVtii) '~$ At-i?:.,3 sEcrlox 6 TO R.L:Ail 1'1112 SUi, I OF $107,000 IS AI'!.2CPRI.,Ti;D I : l'JiE .;5i,!' }:IiX.ri, I./l'r!I 527,000 CO.'qlLG FI,~OY. Tili! Gl!NEiL' 1. FUND ;\:{D '!F2 BAL.',.';Ck FRO..'q 'I'll!: FEDE!IA1, CRANT I:UNiI. ASS!:".IB;.Y:ii::iBI:II ; I;XG :40'/ED ~ 3 .'-.tiE:Z) :.ii,'. III I,Lli ' S :.lOT IOX TO API'i{O- Pi;,l..'~Tii A TOTAL CF $i55~000 I','~.i}i $53~000 CO:dINg Fi~,O.',! Tile GENEi~,AL FUXg. lie reported thi.: a~o,.:n', x;)$ rcqu..-.~tc:; by O1!I~t' Pres, lleath in her :.lay 25 letter tc the a:~'e-.'.5~y, xc}~:h states, "The assembly is bei:-g asked by t~:e :,:,;y.:"s i-e;'JseZ L":dget to include $27,009 tmea;'d :, total vt 3~L, 7,~2 :'ur lite 5'car. lie are reco:anwnding the asse:'ih!y afl*: .....rir':: ~35,000 t~ ',)e addert to the $80,000 front EDA for th~ i15~.: .... [-.v,.!get nocessary to retain tho start needed to do the job :ffcctireiy." Xlayor Gi!r:an re'crt'c:! :: Pc:i,.? 25 vt' the original budget sub- nitted l-.v tee O1~"7 .Lx.'.':':'.ive ,'.o::...,Jt',.ee iii il;,' imctlnt o£ $130,572. c':;sc:::c, the r..ctio:; ~:.' ".:-. Le::.~ ;:,,:Itt add :~pprexirmtely $2,.I0~: that a:.'.vunt, ::i:.'..i'~r:: '~}.: i~t::l '.'!35,000. C~I;li.q'rlO5 %'.\S (L\I.i.!::~ ?:: '2.. !.(X(;'.~ .\NENllt.!EN'! l::'l~,ll I:AII,Eil BY ,\ /IYt'L OF -I~.5 "YI;~" T,.; 57 "Nd"; f::~t,ring the motion s..'ere Corr~ t:rav.'!'ortI ~ !-' .,4~']lt, r. :IOS~ :;, (;a~:.?})c' ]" . :s.S,~l,..I,I ..... -.s,;:k CCIiil '.'O'~'|'D '10 .\:'.lF'.x.! t'tlR A TOI'.\I. Al t kOl t~I,.~l I0.% OF $!.~0,572:$,q0,O00 1:1.'.5:1 Fl:Of.lCd. Fit:iDS A:;il S50,572 Fi[OM LOCAl, M/,'ICIIIXt; 7ti:CBS. QIqLS'I'iOX lOsS CALI.I:iI AND TI!i; :,lO'rlON I:..\Ilolill BY 'ifil; S.\.~iti YG'l'li AS SilOILN oX 'rlli. l,i',i.\'lCUS .XlO'l ION, .19.5 "YI-;S" TO 87 "NO". ASS..'.hli.Y:iF.:I!',I-'.R (;ORR RI;STATEI1 III .q PIIEV lllllS :41ri'lO:; 'FO AI'I'IIOPR t.Vl'l; A 'lO'/AL .qtP. l OF $107,O58; $80,000 l'lii~l!RAL MATCIIINt; AND $27,058 l.OC,S,l. :;IIARIi. Tllll Ilo'rio:,; l'ASslil~ l;Y .\ VOTF. OF 79.17 "YI~S" 'ro 57.55 "XO"; lli:mick, Douglas, lilson, ,'lartin, Amb.'~rian and Arness voting again:it the mot ion. QIIti.~;'I'lOX il'AS CAI, I,I!B ON fiR.' l lllA,ll 'S ,~IiYI'I ON TO ADOPT :;IiCT ION 6 AS A~lliNIIliD Alii) 'rile ~Io'I'ION I'ASSIiII BY A ¥O'1'1i OF 8~.17 "YiiS" TO 48.~5 'tRO" svith llimmick, i)ollglllS~ lilso,, [lartiis ,slid a,ll)arian voting nega t ire i y. o 11 - }(IiNAI PENINSIII,^ BOROU(iII ASSEMIH,Y RI..'CONVtiNI3) lq~!l!'l'iN[; OF JU~N_E~ !2_s .1979 PAt;Il 12 *ASSI![IBLYMFMBIiR I.ONG NOVEl) TO Al)OPT SECTION 9 OF Till'; ORI)INANCIi MIICil I'ROYI]2ES FOR TIlE F. FFECTIVli I)ATE. Mr. Barton reported the last motion changed the apl)ropriation to the Geaeral FuI~d to $]2,392,393. ASSIiMI'q. YHIiIIBEI{ CORR MOVEB TO A~IEXI) SECTION 1 '10 $12,3;2,393 ANI) Ti.iE IIOTION PA3liEI} ~Y A VOTE OF 88.17 "YIiS" TO 48.33 "NO"; Dimmick, Bouglas, El:ion, Martin and 6mbarian voting negntively. ASSEHIH,Y}.II!MBER CfiR:I HOVED TO APl'ROVE SIiC'[ION 9 TIIAT Tills ORI)II~ANCIi I~II,L ~AK}! EFFECT ON .DilLY l, ]979 AND HNANI'IOHS CONSI~N'{' 1VAS GIVEN. ASSEI,IBI,YHIiHIII!R D.',VIS ;I ~'ED TO I;}iAC'I' ORI). ~9-24 AS Ai, II:NI)EI) AND THE IlO'I'ION PASSED 3~ .t VgTii OF 89.8,1 "YES" TO ,16.O0 "NO"; I)avi,., Ilium:lick) l)ouglas, E.1 r. on an~ :.iartin voti,g alla i ilst ellactlaellt. *This motion ~'as not x'ote~ Gn (Cl~r];'s note}. 1. Res. 79-77 "Selting Ibc Rale o~' l.evy for Ileal ~c~::i rrol,erty Taxes for thc Per. inz.vla Forou~h and Cot S,,;'vice .Xre;,s I~'ith~n the Bo:'cua;. for thc Tax Year 1979" (ltc~a l,(f)) ASS:,.IIIL~..];.-h,I:R CD'bPEII 'iSVZD ~O SET TIlE BOROIiGIi al;.~}:l,.,L COt'I.IC3iEi';T HILL l~TIi IN SECTION ~ A7 3 IIIL!.g. ASSE3IBI,YHE)-IIiER flILLS aTV2L' TO A)iENI} Tile RXI'E 1); SIiCflON I TO 2.5 ~III.LS. ASSESIBLYIIEI, IiiER :,IA?XI); HOVED TO ;CIIiND Tllll RATE IN SECTION 1 TO 1.5 1,III,I,S. TIIE ,U-iENI~'iLi':i TO l.S MII,I,S FAIl,ED BY A VOTE OF 37.66 "YES" TO 98.84 "?;~": Savoring the motion xcere Dinnaick, Douglas, Elson and llartin. ASSEI4BI,Y}IEHBER DAYIS ?i~'ED TO A:.H!NP TiIE RATIi TO 2 i, IILLS AND TIIE BtOTION FAILED BY A VOTE OF 64.66 "YES" TO 71.84 "NO"; Davis, Di~mick, ~ouglas, Elson, Fischer, ~lartJn and Arncss voting for the motion. ~lr. Gilman believed the record should shore that i.f the assembly adopts a budget of 2.S mills, it is taking a~vay one of the options tn terms of cons:ruction; it .t~'ill not be able to build ~ith cash. It is qditc possible to hold to 2.5 mills this year, 1979-.~O and 19i~-Sl t¢ith not z:uch of an increase in 15;S1-.8~ if there is cash cgnstructioq, lie assu~ed ir lbo assc::d~ly adopts thc 2.5 mill rate that it h:'s made lhe decision t~,l a,v r:jor construc- tion x¢ill be done on bond isst~ci placed on the ballot. Ile added, if ti~e assembly is consiaering .i bond issue for Fall, 1979~ that an ordinance must be introduccd by July 17. ASS19;III,YHE311111R MART!?i HOVEl) TO A311!ND 'l'llF R.Yrll 1X SI.CT1OX I TO 2.25. FOI.I.OIt'IXG i~ISt'iISSIOX {~UtiS'rlOX It.kS t'.XI.I.EI) AXD 'rile ?.lOTION FAll,Iii) BY A vo'rE OF 9 "YES" TO 127.5 "NO"; !kmglas voting "Yes". QIHiST1OX KAS CAI.LED ON MR. II II.I,F'S HO'l'lOX 1'O SliT 'lilt: R..VII; vr 2.5 gtl,l,S AXIl TIlE MOTION FAII.13~ BY A VO'l'li O~: ~,I .53 "II.S" 'l'O 8S.17 "NO"; lil son, I[i I le, Moses, Artless and COOl,e r ¥ot i hi: a l'f i rl~la I i Ye I y. QUIiS'FIf~N liAS CAI. I.li!~ ON YilI. !:O~Wl:R'g M~tE MOTION '1'o SliT 'l'lll! RATI: AT 3 MILL.q ARII 'rl~E tlO'I'ION FAII,IiI~ BY .X ¥O't'E OF og.S.I "¥1iS" '1'o 66.66 '~0'1 Corr, tlratcford, I)il~naick, lilsOll, l,ong, Campbell alld COOl*er voting affirnml [vt, l?'. - 12- A,,. I.. I~l.~...I;,ll,I;I, 'IARTIN MO\'lil) FOR I'.I~CONSII)EI~,,',I'I(')N (H: 2.5 ~.III, I,S ' "" '"'' "NO"; AN[s 'l'll;: HO'I'ION I A,,.)I;I) I:Y A VOTE OF 94.83 "~1., TO ,11.67 Cr,~'r, {~r:n~l't))'d, t)i;maJck, Fi:;chcr ;~nd Aml);~J'i;m ~'oting Rc. ~....;Jder.l{ i()l). ,'.:';:-H:Y.!;I.'C.:t.:.II;I!I', IL',VIS ::,'W!.:) '1'0 AHENI) Till: ;.I,\l '. ~ A;.;I) .... ' ...... ' ..... . .,',! . .. ,~JIL,M.I.,.., IT ,,il,, .. ] ]],l,.q 'l'i~erc w-;s ol)jecf it..'} :o ii., );.oti¢,n c}]:m!;ing the I'ibuj'(: £ollo~'in,.; 'flil: (31:~.~:~ RI;l,I;h '1,) I~i.',~:...-.!:h~R 2.., ?III,I,S. :.h'. ]):lvi,; cailv,: for 1.o~:;: of order ::ltd rt.q:lested cl;tl'i£i.c;ll'it)ll £)'o:~l ti~t' !':~rl ii,:.:; nt::)' '"" .... ,lll:., (~ ...... ~ ' ";~ UP;;OI.1) Till; C:''p , AS.,: .. '!'.l.' "" ..... '~" ............... ::iOT IO;'; lb\SS!l) Bv A VO'f!; 07 127.5 "Yk:'" '~{'. 9 ".';O"; Da.is votii~l; nt'g;)t'ively. Till' t;;l',;J.~ RI;I'OR'I:.I)';lli' :':.,'.i,?X IS TO JHiCO;LSii)I.R THi. 2.5 MILLS. ']']JJ.: :,!(?T.'.O2,~ PA.q!¢2',: l~t' .-': \"2ii! O]' 125.B3 "YES" l'O 10.6~ "NO"; A.n:bari:~n voting :':e,;:~tlvcly. FI;IAI. VC!'I: l/A:; .... ~ ... .:~. ~ ..... L:.,) OX .~.: ~"~ IX{; TIlE :,III.L i',ATE FOR 'rllli (,1.,,I..~,,,. GOVI'KX31Li;I' EUI)~;t ; ;Vf '.S ':iI.!.S .',XD l'ilE :-iO'fJO:~ P;'..qSI.}, BY A I. IOUS VOTE. AS.q} III,Y~.H;:,iIIF. R ~:i'.I~.HC.~i :';.':'!:o TO APPI.'.OVE 1.92 :.III, I.S I.'OR l'llE X1KI.e, KI ~'!1',1: :,~i~'.'ICE .~,RI:.', .., SEC'lie;.; ~2 A:':I) 'Jill ..IOII(..., U,',A.~ ~..IO~. Sl.l ASSE.'iIH.x.';HEql;!;R :::.,'~R...~."~c"'F'~.. '~'O ..',!'I':[:)VI~ 1.05 ::ILI.S FOR Tile SOUTII )" ..... SFi;.VI,..i..',::i'-~ I.'C SECTIO:~ 3 AXIl Till: .~.tOI'ION I l~sI.',SllL.: I!OSi'I':.',I ...... I','AS l,,m .... ,i,,U.SL ~ .',YPI{O'.. a. S~ .... 1.:.:E.,IM:K I'.'.r?]:.~ ~.' ";:.: 'I'{'~ 51.5' nile 5!11,1. RATE FOR XORTII 1HUql';.C. ULA kI;CRE.'.Ti[):; .~.~?.. ;.'.'q ARiL.'~ :VF ,3 :.ll!.l.c, IX SECI'IOX 4 AXIl · rl!l~ ;lO'fleX t'.\hSti;) ;iY .'...','.';~i: OF 127..5 "YI';S" tO 9 "XO"; Corr voting ncgat iv¢,ly. .q 'T's~ · s'.t' ..... ~ ., ..... A. S....d,l.~.',l:.l,~l.I, C,°F,i.', ...... TO AI']'R,.;VI. 4.6 ,HI! !.S FOR Till:. BEAR · '1 s' "' Cl. '~;~: .... ~ "' :' Cid..... Fl;d; SEt.'A:I ....... i.i 'i'l;l.....~ ,O., I';AS UN.\.XI:iOTi.qLY A-qSF':I:L~.,I..,,,.I, ......... ~1~7'[~2 ....... .. :..Il 'Ii, .... ~I'.,' l']il. R:'..l'i. FOR 'fl~E CL,'IR~I. pi!:.;.~X::i;]..',, ll{:S"~'!.".[. S,:2'.'it:" .\IH'.'...'~l "I!R{' FGK l'iH! 'fAX 'il;AR ] 979 .'C~D 'DIE .. ,')l ,~ .x ]'.',.;SE.~ '.;L.'.:. I;,,-l~.~ v %~'::': ' "';"l .... l!: '~.',V];.) ~- A .... -,..I,'1 ..... ,.1'.1'.~, MAi 't'O .\D.li'l' Rl!b'. ?o_,.. ~ .~.,'" A:.Ii!XIH}D AXIl l'lll; l{i::¢VLl!'l'lON :','A:; I}I.('i.\,;:2:~ .\.,,'?TI;D~*."x .... A b...,..l.,iOI,.~"' ..... ' VOTI'-. 2. Res. 7.q-.~l "Ariel*ling the Ih*rou:;h Budget T~'i'-i.}i~; l-isc;~l Ye.'~r 1979-1980" The ~.ia},or suggested ~,'ithdrm¢ing this resoi,,ti, on as its intent ~,'as *:ritten into Ord. 79-2.1. l'here *~';~s no object iol! ;llld .so ordered. (d) Ord. 79-27 "Transferring the Cost of Operation o-T-f}~T-l~,~-[Id ing ":ii nten;mce Ply is iol! of the Public l%'orks llep;~rtment from lhe School Fund to the (;eneral Fund" The ordinance leas read by title onl}, as sufficient copies **ere av.~il.d)le for fhe lmhl lc. l'ul)lic hearing l;:t;; opt, ned mid l~thell no one wi:;h(,d to l)e h~,ard) he;tr[llg leas closed. - 15- KENAI PIi~INSUI.A BOROUC;II ASSF, IqI',LY RliCONVIiNIiI) .*.II'~I':TIN(; OF JUNE ]2, ]979 PAGE ]4 ASSEI. IBLY;.iE.ql;IiR DI)I:,IICK )lO¥1!I) FOR ENAC'I'NENT ANI) TIIll ORDINANCF. IVAS ENACTI'iD IiX,' A VOTE OF 109.5 "YES" TO 27 "lie"; D{,vis, Dougl.',s and )!.'.:tin voting uegativcly. },'ITRODUCTIO:: O1: ORI)INA:ICES Ord. 79-35 "ilxe,nptina r'lrchascs and Sa]e~ by [k%-fi])~-t--Orgvniz;,tJons from thc Borough Sales Tax" }SS]:.MIII,y,',IIh~IBER F I.t;Cll}!{~ ~.!O;'I!D TO SET OIII)I:L. Xf'~CIi FOR ill'~Altl{x:q ON J:ilI,Y ]? AND 'I'I{L :~O~ ION {'Aq~{=.!)gY ,; V'.;I'I'i OF lid "YES" Tt) "NO"; Crmcford, C;.;;l.bell and Co(>per yeti),!, nog ~ivc]y. 5Ir. COOl)er s~c'vd :}".c ];ou,' is ge(li~,.3 late ~,nd !here ~,'e n nunber of rcso!'.:t ~.z,n ~n-':'.ll~{~ bi.is {.:i', ici: .~:l:~)uld be considered toni~;ht be£orc I;;; 30 d~ ;' bid a~..':u'd i'.c;'Jod h;~s been The li~)'or rct)o;'"eJ thc ,'c'.{o]u~ic;:$ {:,volveJ are l'.¢s. ?D-70, 79-?~, }.!r. ,'L'.;rtin ~t;)ted t~..'o perst,:l~ ha'se :.:-eh ~:~it:ng lo be he~)rd under I'ub]ic l'rvsantat~o;~:: and he suggest(d hearln,,; these peolde prior to action on the contracts. ASSEf.;BLY:|E:IBFI'. DI:.i:.I]CK ;.IC'.'I;P Ti) CO:;3I:;I;E $I:TTIXC, C,i.Ii~{ZANCI-L'-~ FCP, IIEAIll.';C], Till.'.i-; !:.l:::![ ]lie PiI.BI. ICA:;]) Ct"!i'Ll/il; 3'!~I-1 IU]5Oi. I{?I()N$ NA'riiD 2',' '"llli :V~Y'.'R A~I) IH[F'.:-i~ ]!11; BAI..\:fCL OF TIlE A'JE/;rc~ UXTII. THE ?;EXT REUULAL 5:EI:.]~ING. U:;Ai;I:-!OU.';. COXS~;:.;T I~'AS AS;f:;~) AND 6RAh'TED. (b) Ord. 79-3.-', "3anending Section 5.12.130 of ~~-~;, Code Relatin,'; to the l-;xemptio{~ o£ Household Effects fro{.~ the Personal Property Tax" ASS~)IBI,Y,XlEMBER tH;oLE :.:OV.'.'~) TO SET OI;i)I:;.XXCE FOR tll;ARING JULY 3. [lOTIOl; I~'AS API'i.',OVE'D B'~ A ;'0IT- OF 132.5 "YES" TO 4 ";<O"; Cra~,'ford voting negatively. (c) Ord. 79-37 "Declaring the Assentbly's Legislative P'~-i~U-~'-]Fh Respect to the l'rovision of Special ServiCes in .qurvice Areas .'md De£ining the Status and Responsibility of the Boards of Director.~ of the Service Areas l';ith~n the Berough, and E{~act~ng Section 16.04.001 o£ the ~',erou~;l: Code of Or,lin;,ncc.%" ASSt-L~-IB1.Y,~IE:.iI;EII !! i t.l.l". II EQ~II:.'i'f ED !'E{I;,I [.q51 OX 'fO Ii I TIIDRA;i 'I'll I S ORI)I:;AXCt! AXD l;i;lXfi ,,Al.,; ;','iH!.\ '1117 AdENiI\ St':;];{)l{l.l'. IS I.i.SS CllOifl)i!t}. 'l'ltii!~t; Y.XE XO 0i'.:I~CTit:.", AND TIlE ;{i.;)IfL~Xt;E ~i.\S I~'I't'IF.)2.'-.:/X IV{TIIOII'{' SI-;'I'TI:;I; i:OR i{i..'Alli I'I{I)LIC I'i;E.qI':XTATION.q (¥.'ith l'rior in) )ir. 'l'r~,:'mn Knudsen, :i;~rtiu liomeste;,d ordimu)ce )ir. gnudsen {cas no! present -'tt this Mrs. Voz;~r representing betsy. If and o{iwr ;H,r;~rtm~'n! i;,mlh, rd:~ in iht, are;,, uJ'gcd thc ;,sscmbly to vole lo reOl)tU! Iht. l{o-qrd of Equa]iz;,tion he;~riu{,.s lit order lo rehe;,r tho.;e l;mdlords l~'t, re not tre;,ted eqtmlly ~cith tho:;t- $¢ho did obl;,in ;~ red,c! KI!N,\I I'I!NIN:;III,A I:Ol:lJllt;:l A;;:;EJqlII.Y RI,(;t)I~VliNIH) ql:l,'rlNt; OF ,)JL.','~LJ. 4 .... U:_',':'_~ ........................................................... ;.'.*t!.~ ;:, tP. fheir ;t:;;;essed va]uali(m. Sim rejmrtc'd last yoar the A~i~'~- sor's office ,sed lilt' iht'Omc :qq)roach wLth :lji 1 I~ capital iznl ion i11ellt h. i ldin::s i:& the area. The la,dlord:, in t:(,ll;li ami S()]dolna bcJicv('.l they :;h,,dld rec.,ivc the bill.lt. II'('all,('hl this year. Thi:; )'c;ir tl,c co~l oJ 'htl'l.ct ;Ipp&'o:aC]i wa'.; used to .trriv(, ;11 tho belo:'., ihc,':~, l'i;.'.~l (sf Ihc~.(, wcrc in Iht Cily of l;e,ai and six ~s'ere fr,¥', Yc.*:~ol '*. P'~rir,:: t].. fir.:l app(,;~l l'cslil,.ul)' was pre. OS hi..~ .... : ::, th,, :':t~].~ .... ]'i'ily of n'qlliple dsvelli.l:s in Ih.. ilflt:l~,t~.:i.- ;:"~: ~':.~ d?a'.;1 i,al Iv reduced as a I'CStllt. All eigl~t oF thc ;;~.;..:. ]..;..",,r.;- i:;i; tm.cd dos. ti by tl,~' l.,a,'d but afler 111o co;,:i:.::::t~-.: . ih~ b~:~.] c un.c,: f~)ilowi:l~,. ].,c'h, Ih( !1;i ~;r:,;ti', ]'cJc:;; .' :;c.:;w rt lit f bi' I',.. Board. ~-h':;. I'd,lq)ii:.; to be r,~.',~:.c '...' -J ow; Lr.;:teA (,q-al !)' wi th l'h.>c, receiving roi i(.f an:.l oi.~: ~ .~.t . ~. dc~r..;,sr. 'H.:~ l:m(llordF t.,]m did aal ~:c.t rct[c:' fec] L',w) s.: [re, t~,: e(lua] 1)'. :';o ncl.- t:=;timn,'O' was af~et' 1'h~. If-..- U,-ea~ :h'~ ~(,rninp.. Ih'ct/om :~l'l,Caled on thc to lc~.::] 7-=~. .' F'.:t ;:"~c involved dn pot c:'r~ to i~: fo, co. ri a~aii~s~ ~hc .': ' :;:.h. 'i']:c/ req;:est th::~ the :,sse,fl)ly :copen the Board nj:.' i'~;. .' ~],a;;~ c~'. :s th;il wc. ru llot :.'~atcd equMly. K. £Cllc.;' . :..;Ut: :o': ,. ..... )RI (c) I::.. ":-'0 *'.':v::r'.!;nL the ('ontract for tilt' ":.. ...... .--.'-~7(]~:'-i .'miiur lli!;h School ami Soldot'~a . '.;: ::r :!igl: ~::Lool Pal'L rom'~s .tnd iicnal Junior ~{ik~: :ich'.'ol Co:.rc.,'e),.:e i{O(.i:~ tu Col'Joy11 Coll- str,.:t i*::" Z.:. 7. I .,'..:,",'i~!; tlm Acqui:-',ition of i~'c-'-.":-. '; .'.' i- ' ' ' · .fl:.~ for U.-;e n:: a Playgro:md at T,:,* r =-. : .'.': S=2o.e!" :.Ic:w 79-9! A.e, Sli'!i;l.\';l?,!} :.? ¢'.',:.H'I:LI.I. ;.!O\'l!!t FOR ;\l)Olq'lOX Ol RES. 79-72 AND 'HIE I,'i:.%~.i.U',l~':; I;".S AllOl"flil) BY A II,X.\XI31OU,c, VOTI:. 1.. O'I'llEll · .)-,3 "Awarding the {:ont.ac! for lite (b) Re:: 7~ " k~7(l-fS~'Jfi t I ~la hit chance I'rojt,,' t t o Robinson's Const.'uct lc) Rt:s. 7.q-74 "As~'ardinl4 the Contract for the ]rr':a'je'~'t--~Tw;trd I,andl'i]l 31aitltelt;,ttce It)~ietco i0a.dfl Il ~ Inc" :,lemo 7!1-92 15 - KENA! PI~IVINSULA BOI',:)UGII ASSI~HIfl. Y RliCO;;VIL~;lil) HI.IA ll~(; OF JUNE ] 2 ~ .1979.__. __I'A(;I-: 16 Res. 79-7S "A;varding tile Col~t:act for tile l?~0-~'c-f-g'~ldotn;, !.;md f J 11 ~.1;, }, l' cna ncc to Robinson ' s CollstrllCl. iOl: flcqao 79 -94 lies. 79-76 "Awardi:q: the Contract for the ~J-d~7½'~-i--]:a::dfi. I I :ia inten;,ncc I)l'Oj¢:Ct to Gary {;unkel: :,{eno 7.9-98 ASSE,H:iLY:.II.:'BEI~ DAVIS '.'t;m:;),..,. ...... ~':'" ,'...);)l"{'l',,.." OF 'I'IIE ,'dlOVE Rl.~;Ol.tl'r I o.,.~'"' Alii) 'ldE ?lOTION i'AS;'I.:) Hr. G;'aa,, :¢:portcd tLal. : ...... 7f;-f;l; ,l, .... {~oi h.~ ,: 26 Im ac. zld on al .hi:; mecti'u;. H:, Coopo:' questi: "-d if t!:,. }~.o;,:';I 1.:.: :'.;,. :.all..ril'.' to: rccvn;<::c v.".en it !tit,.; adjou:-::2 arid l:' !.:/ ;,,.:.. i:.;: :'::- .",~.,Fc~ed d,..:,:, it p.,..{i]'l :hill' fill Id/l{.l :7S thJ"t :..'t.?..- 5":'c;k' 1i'.,' i' ;, :'c'. .. re ti, rcson.~ iderat lo;; ^',ty. Sarisky replY:;: i.t wo:;'..t app;.rr :'...c i.,,:;, as :.ay 'c~h:;' a:Iministrative al: .':)' has tl'.e i;:pti".: :' ,: ;,' -'. r ~o g:';;:.t il:,. i~g t~pon a proper '-.;tisfr, ct!¢,:; t!::t'.. ,.?: r.. ".:' :;:c3 for But thcr~ is lllso .'.;; st:~tut,'r:.' SC!l,', 'c ti,,.. ";:.': the Ii.;:.- has been run::;n;.; and ::';.::cc- ;'l~e ;;C:. di,l I:...;' tS< ::Ti eats and a dec-isiou oil O;lt.}. 31;1 e'.'el>' o,le u,'- :1.; ap?.-:]i:;. 7he Clerk cci- tilled those uecisic;.~ ;;itl;ia tlc '.. d.:'.; ;ts rc.~'.iired an.l tl.c. assessor certified the assessnte,:t r~;" at June i, :979 th;:t :.hose legal incidents tra:;.~i:ired. On ~h¢. },,..sl;; of a sir,:l.lo reqtlcst for rehearing wit'.':.::t sl,eci ficatio~s '..:i.i ch :¢oul.! ] ,~:,d c rc,lep, ce to the action of rc!:v.'..'in,.,, i; would ke very su:=ceptlble to aitack t~ reopen the BOll a; :his l:i';c date, llrs. Dovglas statci }-,er request v:as b..~,.d on the inequity by the testin;ony ~¢hic?. ;;as give:: at thc ~UESTIO,~I $','AS CALLE'J A:.;;~ 2't112 :-!OIIOX F..~,II.ED BY A VOTL OF 66.67 "YES" TO 69.83 "NC"; Corr, ;k;vis, llou.e, las, Fischer, llille, ~lartin and Hoses voting in the a~fir=ativc. ASSE,~IBI.¥MI:,MBER DAVIS :-:gVED FOX RECOXSh:EP,:\TIOX .'2, F TIIE ABOVE .q,qTIOX AT TIlE XEXT Pres. 'Elson stated the asse~:l, lv wi I I co::: i:lt:,, '.!:e hal;moo ef this agenda at the next rel;:,'.;:~' ::;cet ing el' .h;nv Pres. Elson stated :h'..~l¢Cl,:u,! has r,.q::;-st,.,d ;~l: ex,'vscd ab.;ence for t!te {llolllh O£ Ju;le ;tlld .~}i¢ is rt.,il:,-:;i i:~g .::i ux,'t::;c,! for ,It:lie 19. 'J'llt, rt' t..';:$ lit' o;'je,'l i,q: :!::./ .~:' o:',Icr.';:. P. %EXT ,',!EIiTINI;: June 19, 19-9; 7:'.,0 1..::;. l~!eelor.,4 ad jot, meal at approxinatcly I.':.;,~ I'-'.'- il;itt. ;:p!:rt,v%.d ,ltlJ. y 3, 1979 A'I'TE.~T: - 16 AGENDA FOR Tile RIiGtILAR ASSE,~IBI.Y ,~IEETIN(; JUNE 19, 1979; 7:30 P.~I. BOROIR;II AIK, I I N I STRATI ON BU I I,D I NG P. O. BOX 850 SOLI)O'I'NA, ALASKA 99669 A G E N D A - A. CALL TO ORI)IiR AND ROLL CALL B. PLEDGE OF AI.LEGIANCI~ AND/OR OPENI.'4G CEREMONY C. SEATING OF EEI~' ASSE,~IBI.'C. IE,~IBERS (none) D. AC;E~DA APPROVAL E. I~!I.~UTES (none) F. ORDINANCE HEARINGS (a} Ord. 79-11 "Amending Section 2.08.040 of ~he Borough Code of Ordinances Relating to Abstention from Voting by Assemb~ymembors in Cases of Conflict of Interest (b) Ord. 79-17 Substitute "Enacting Section 2'.08.150 Of the Borough Code of Ordinances to Authorize the President of the Assembly to Appoint Committees of the Assembly to tlold Public Itearings for the Assembly" {c) Ord. 79-29 "Providing a Comprehensive Zbning Co~e for the Seldovia District" (d) Ord. 79-30 "Provisions for the Accrual of 'Ihterest on Service Area Cash Balances to the General Fund in Lieu of Administrative Service Charges" (e) Ord. 79-~2 "Rezo~ing Tract $ in the Binkley · ~'~rport Ti;acts in the City of Soldotna from the ~nclassified District to I-Industrial District" {f) Ord. 79-~$ "3amending Sectlon 2.08.120 of ~h~ Borough Code Setting Out the Order of Business of the Assembly, and Section 2.08.l$0 of the Borough Code Rogardilg Public Presentations to the Asseab!y" G. H~TRODUCTION OF ORDINANCES (a) ~0.rd. 78-~7 ':Revising Chapter 20 of the Planning and Subdivision Regulations of the Borough Code Governing the Subdi- vision of Land I~ith:n the Borough" (b) _O_rd. 79-~8 "Amending the Homer Zoning Ordinance-to Restrict Dwelling Unit Density in Residential Zones" (c) Ord. 79-39 "Providing for the Placing ~ Propositions Relating to the North Peninsula Recreation Service Area Upon the Ballot of the Next Regular Elect ion" Pll~e no, 1 Defeated 2 Enacted 3 Enacted as Amend 3 Enacted 4 Enacted 4 Enac ted Refer R ~ T Cm 5 Set for floating August 7 S Set for Hearing July 17 · 5 Set for Hearing 7-17 ~ Refer to ~ocal Affairs cm AGENDA FOR MINUTES OF JIJNE lg, 1979 P_age No. lt.' PUBLIC PRESENTATIONS (with prior notice) (a) Fr. Truman Knudsen, ~tartin homestead Ord. 5 (b) Representatives of Alaska Pipeline Co. 6 I. COgtMI TTEE REPORTS fa) School Board (iiille/Fischer) 6 (b) cook Inlet Air Resources .~lgmt. District 6 (c) OEDP Committee 6 (d) Finance Committee 6 (e) Solid ifasto Cogmittee 6 (f) Roads and Trails Committee 6 (g) Ports and Harbors 7 (h) Local Affiars 7 (i) Legislative Affairs 7 MAYOR'S REPORT (a] Financial Report 7 (b) :*iemo 79-95 "Borough Generator Program" 7 (c) bleno 79-107 "Line Item Budget Adjustments" 7 1. Res. 79-87 "Authorizing Transfer of ~ the Public .l~'orks Department Maintenance Division, to the Finance Department, Data Processing Division" SCiiOOi. CONSTRUCTION REPORT (a) Res. 79-78 "Authorizing the Purchase o£ Lhnd in the Foothills Subdivision Located in the City of Homer for the Site of the Future tlomer Elementary School for $110,000" ~iemo 79-100 and Res. 79-63 "Authorizing the Purchase of bb.Z Acres of Land in Section 24, Township 6 South, Range 14 I/est, Seward Meridian, for $562,700 for the Site of the Future Ho~er Elementary School" and ~lemo 79-89 TABLED $-15-79 (b) Res. 79-84 "Awarding the Contract for the Cbnstruction of a Teacher's Residence at En]lish Bay" and Memo 79-101 lc) 7 Adopted 7 Adopted 8 Removed from Table ~ Defeated 8 Adoptea Furniture ~ Equipment Lists for Anchor Point, Tustumena Elementary and Honer and Seward High Schools, approved $-21-79 and for Sterling Elementary, Seward and llomer High, approved 6-4-79 8 Approved w/except, ADDED ITEbI: Reconsideration defeat of motion to reopen BeE L. OTItER BUSINESS Ca) Res. 79-68 "A Resolution Authorizing the g[ayor to Enter Into Joint Use Agreements with the North Kenai Community Club and biazte and Dolores ~IcGahan Regarding Nikiski Fire Station No. 2" w/agreement 9 Defeated 9 Adopted as Amended A(;ENI)A FOIl HINIKH:S OF .J[INli 19, 1979 (h) lies. 79-09 "A Resolution of the Assembly ~T--~--~9'i;ai Peninsula Borough, Alaska, Consenting to the l.ocation of Facilities for tile Furnishing oF Gas to lie Financed b)' the Al;taka Indt~strial llevelopment \t, thority and to !;c Located t~'ithin the Ken;ti feninsula Borottgh" lies. 79-80 "Accepting the Low Bid of Air ~P'l~-~t-~-'~Fe-U~-~ to Provide Aerial Photographic Base Map Coverage for the Contract Sum of $6,300" t~'ith :,lemo and 'qap (e) Res. 70-82 "Amending the Scope of b'ork On--d-~-~-t'Th'~-Contract ~'ith R. ~;. Thorpe ~ As.~ociatos to Provide for a Site Developaent and Land Disposition Plan for the City of Kenai" Memo Res. 79-83 "Awarding a Contract to Silvers Engineerin'g for the Preparation of a Traffic Study and Access Plan for the City of Soidotna" ,'.lemo Cg) Res. 79-85 ",~lending the Scope of l~/ork Under the"'Contract with K ~ T Services for the Compilation o£ Subdivision Information to Provide for Cross Refer- encing of Plats" Memo (h} Res. 79-86 "Authorizing Further Studies Under the' 'Contract ~,'ith Pacific Rim Planners~ Inc. for the Seldovia Compre- hensive Plan and Transferring Certain Revenue Sharing Funds" Heine PUBLIC PRESEXTATIORS (none) INFOR:,fATIOL'AL HATERIALS AND REPORTS NEXT )IEETING: July 3, 1979, 7:30 p.m. I0 Adopted II Adopted 11 Adopted 11 Adopted 11 Adopted 11 Adopted 12 KENAI PENINSULA BOROUGll MINUTES OF TIIE REGULAR ASSENBLY ~IEETING JUNE 19, 1979; 7:30 P.5I. BOROUGII ADr41N I STRAT I ON BUI LD I NG SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLl, CALL The meeting was called to order by Vice President Davis at approximately 7:30 p.m. PRESENT: Assembly~,embers Davis, Diamick, Douglas, Fischer, Hille, Long, .~.Iartin, :.loses, Ambarian, Arness, Campbell, Cooper, Corr; ,~layor gilman, Atty. Sarisky and Kashi, Finance Director Barton, Public Director Hakert, Assessor Thomas, Admin. Asst. Baxley, Planning Director Waring ABSENT: Assemblymember Crawford ABSENT AND E)CCUSED: Assembly Pres. E1son, Assemblyman blcCloud B. PLEDGE OF ALLEGIANCE AND/OR OPENING CERE)IONY C. SEATING OF NE{~ ASSEMBLYI. IE.~IBERS (none) D. AGENDA APPROVAL Item L(I) Res. 79-87 was moved to Item J(c) and the agenda was approved without further change. The Mayor reported he had intended having an emergency ordinance banning fireworks for enactment but since rain has been predicted he would hold the ordinance in abeyance for two ~eeks and see ho~ weather conditions are at that time. E. MINUTES [none) F. ORDINANC! HEARINGS Ord. 79-11 "Amending Section 2.08.040 of the Borough COde of Ordinances Relating to Abstention from Voting by Assemblymenbers in Cases of Conflict of Interest" The ordinance was read by title only as copies were available for the public. Public hearing was declared open and as no one vished to be heard, was closed. ASSEMBLY}.IEbiBER ARNESS I. iOVED FOR ENACTSIE:;T OF ORD. 79-11. ASSL~iBLYME~IBER DII.~IICK I. IOVED TO,lEND SECTION 1 (a) BY ADDIXO A SENTENCE TO READ, "go employee of the school district ~hose salary is established annually by the school board shall vote on the school budget". During discussion of parliamentary procedure, ~r. Cooper explained there can be an amendment to a main motion and there can be one amendment to the amendment. An amendment to an amendment would either add to or delete from the amendment. Over a period of tine the assembly has diverted from the proper procedure. QUESTION {gAS CALLED AND THE A)IENDr. iENT FAILED BY A VOTE OF 18 "YES" TO 103.84 "NO"; Davis and Dimmick voting affirmatively. ASSENBLY)IEMBER MARTIN )lOVED TO AHEND TIlE ORDINANCE BY STRIKING THE FOIIRTI! "~]IEREAS" CLAUSE AND TO DELETE SECTION B. TilE MOTION FAILED BY A VOTE OF 47 "YES" TO 74.84 "NO"; l)avis, Douglas, Martin, Moses and Corr voting affirmatively. o 1 - kl'..~4AI I'ENINSIII,A 1~O1~OI1(;11 A.~SI;.~.Ii;i,y RI~(ilJIoAR ,Xll]li'l'lN(; MINIJ'I'ES JUNE 19~ 1979 I;At;li 2 ASSI!MIHoY.~II~MBIilt ARNESS MOVED TO A,~.IliNI) SI!C'I'ION B BY Al)DING, "except as an employee or spouse of the school district salary is set by the school board". Mr. Ill l lc reported the Fin~tnce Committee opposes the ordinance for several reasons; paragraph A is a duplication of AS 29.2~.060 (d) and l~aragraph I1 reads, "No assemblymember shall have any direct or indirect interest in any contract entered into between the borough or the school district, anti any contractor, consul- tent, or supplier". The committee felt that ever)' asse~bl)'member has a direct and indirect interest as the contracts are a~earded by the assembl), and the mill rates are set to cra, er the contracts. Others opposed paragraph B as it appears to relate to direct or indirect interest of tho members and not to voting privileges. Also, with no penalties provided, the ordinance could not be enforced. FOLI,OI~'ING ADDITIONAl, DISCUSSION QUESTIOn; I~'AS CALLED AND TIlE ,UIEND~!ENT FAILED BY A ~'OTE OF 28.67 "YES" TO 9~.17 "~Ot~"; Dimmiek Hille and Arness voting affirmatively. ' During discussion of the amendments, Sir. Cooper commented the assembly intends to tighten up its procedure and abide by ~lason*s Rules~ then a member can only speak once on each motion. QUESTIO~ Ir'AS CALLED ON ORD. 79-11 AND TIIE ~IOTION FAILED BY A VOTE OF 18 "YES" TO 10~.84 "NO"; Dimmick and Arness voting for the enactment. (b) Ord. 79-17 {Substitute) "Enacting Section ~.08.150 of the Bo'rOh~h Code of Ordinances to Authorize the President of thc Assembly to Appoint Committees of the Assembly to Hold Public Hearings for the Assembly" The ordinance was read by title only as copies ~ere available t'or the public. Public hearing ~eas opened and as no one ~ished to speak, was closed. ASSEMBLY~.IEMBER DI?,~.IICK ~IOVED FOR ENACT~IENT OF ORD, 79-17 (Sub) ASSE)IBLI~IE~IBER FISCIIER MOVED TO A?.IEi4D SECTION 2.03.1S0,SECOND LINE BY ADDING TIlE PHASE, "~ith the prior approval of the Assembly" FOLLOI~'ING "the President of the Assembly may". 5lt. Fischer supported his amendment b~ stating he did not believe the President should have the authority to hold public hearings on frivilous things, lie added if there is something of urgent need to take to public hearing, the body should have the authority ~o approve holding those hearings. TIlE ~IOTIOX FAILED BY A ~OTE OF 61.5 "YES" TO 60.34 "NO"; voting for the motion ~eere Davis, Douglas, Fischer, Long, Martin, Arnes~, Campbell. ~r. Hille ~eported the Finance Co~ittee recommends enactment of the ordinance as presented.. ASSE~.IBLY~IEMBER FISCIIER BIOVED .TO ~MEND TIIE FOURTII LINE FOLLOI~'ING "Publi~ hearir~gs" BY ~DING "required by ordinance." TIIE ~IOTIO~ FAILED BY A VOTE OF ~4.5 "YES" TO 87.34 "NO'; Davis, Douglas, Fischer and Campbell voting affirmatively. ~UESTION I~AS CALLED ON TIlE ENAC~IENT OF O~. 79-17 (SUB) AND IT PASSED BY A VOTE OF 112.84 "YES" to 9 "NO'; Fischer voting negatively. o 2- KENAI PENINSULA BOROUGII ASSEMBLY REGULAR MI.~ETING ~t[NUTES J~UNE 1.9., 1979 PAGE 3 (c) Ord. 79-29 "Providing a Comprehensive Zoning Code for 't'~e Seldovia District" The ordinance was read by title only as sufficient copies were available for the public. Public k.~aring was opened and then closed as no one wished to speak. ASSE~IBLYI~IE~IBER IlILLE ~IOVED FOP ENACTMENT OF ORD. 79-29 AND TO AMEND BY INCORPO~ION OF A I.~3T OF 16 A~IE~D~,$ENTS REQ~ES~I!I) t' ASSEMBLY~IESIBER CRAI~FORD, ADOPTED BY REFERI~NCE. TIlE A~IEND~IENT PASSED UNANIbtOUSLY AND THE ORDINANCE AS AblENI)ED t~AS ENACTED BY A VOTE OF 112.84 "YES" TO 9 "NO"; Davis voting negatively. {d) Ord. 79-30 "Provisions for the Accrual of Interest on Service Area Cash Balances to the General Fund in Lieu of Administrative Service Charges" The ordinance'was readby title only as sufficient copies were avaiJable for the public. Public hearing was declared open. Mrs. Linda freed, North Peninsula Recreation Service Area Board Chairman, reported the opinion of the service area board is that some system of charging for services rendered and a method of itemizing these services should be provided rather than having the interest on cash balances revert to the borough. These funds belong to the service area taxpayers, who have a right to know where their funds go. She requested the amount of money to be collected by tho accrual of interest be reported for public information. Mr. Kurt Kristensen, Nikiski, reported the ordinance is an undue interference by the assembly into the affairs of the service district. He urged the assembly and administration to develop a line item system for billing the service areas for services rendered, lie further recommended the administration allow the service areas more leeway in doing administrative services for themselves, or contracting them out. It would be cheaper than what the borough administration can presently do with the wage schedules adopted. Public hearing w~s closed as no one else wished tc be heard. Vice Pres. Davis requested Mr. Barton to provide the information Mrs. ~ood requested on the North Peninsula Recreation interest. ~r. Barton reported the North P~z[nsula Service Area's figure for the current fiscal year is about $26,000. Next year it is anticipated the interest earned will be about $6,000 to $7,000. The total interest figure for operating revenues for all the service areas will be about $40,000 for Fiscal Year 1979-80. Mr. Barton reported the policy has been not to charge for services rendered and not to give the interest earned. TMs ~as consid- ered a "wash" to save monies for the Borough as well as the service areas by not adding the additional accounting required. ASSBMBLY~IE~IBBR HILLE ~IOVED FOR ENACTMENT OF ORD. 79-30 AXD TtlEN MOVED TO .~mIEND SECTION 1, SECOND LINE TO DELETE "and unappro- priated''. lie stated the reason for the amendment is to make clear that any monies for capital projects or sinking funds for bond retirement are to remain with that fund and ~ith the service area concerned. -3- KENAI I'I:NINSIII,A I~OROII(;II AS,";I!~IBI.Y RliGIII,AI~ HliI!'I'ING MINII'I'I:,"; ,JIINI! 1~.).~_._I. 979 PAI;E 4 The I:in~mco Committee reco)m)~ends the ordinance be enacted. TIlE A~IENDHEffT I'ASSEi) BY UNA~I)IOUS CONSENT. Mr. Arness rel)orted the Hunicil)ality of Anchorage charges each service area a certain percent for administrative costs and he ~;hould have this iai'ora:allen available soon. lie believed this borotH;h should follosc a similar procedure. QHESTION h'AS CAI. LEi) ON 'l'lI]~ :,lAIN MOTION AS AHENI)EI) AND TIlE ORI)I- lANCE I~'AS ENACTED BY A VOTE OF 76.8.1 "YES" TO 45 "NO"; Davis, Douglas, Fischer and Arness voting negatively. ASSI~3!BI,Y31EMBER ARXESS 3IOXtl~l) FOR RECOXSIDEZVFION AT TIlE NEXT MEETING AT IfllICli TIME lie I~OULD IIAVE TIlE INFO~IATION FROH ANCIIORAGE. Parliamen:arian Cooper ,cpu, ted the reconsideration molten is out of order as it lcould defeat the purpose off the action taken. If ~lr. Arnes$ seeks reconsideration it should be immediate. VICE PRES. DAVIS DENIED TItE RECONSIDE~XTION FOR TIIE NEXT MEETING AS OUT OF ORDER. MR. 3IARTIff APPEALED TIlE DECISION OF TIlE CHAIR AICD TIlE NOTION FAILED BY A VOTE OF S8.84 "YES" TO 63 "NO"; Dhnmick) llille) :.loses, Ambarian, Campbell and Cooper ~oting to Ul)hold the Chair. ASSEHBLY~IEMBER CORR I, IOVED TO RECESS AND TIlE BIOTION FAILED BY A ~OTE OF 3~.67 "YES" TO 82.17 "NO"; ~.loses, Ambarian, Arness and Cory voting for Recess. ASSEMBLYMEMBER Dt3ff, IICK MOVED FOR I~.ff, IEDtATE RECONSIDE~TION OF ORD. 7~-30 AND TIlE MOTION FAILED BY A VOTE OF 63 "YES" TO 58.34 'NO'; llille, Long~ ~Ioses) Ambarian, Campbell and Cooper voting against the Reconsideration. As there appeared to be confusion about motions to reconsider) Atty. Sarisky responded to a request for clarification by statlng under any parliamentary procedure a :aotion to reconsider is not proper ~hen it t¢ill defeat the issue being acted upon because of the passage of time. An obvious example x~ould be a contract t.~here you might get a price discount of $100,000 if you acted by ~ul~ 1. Under those circu;astances a motion to reconsider legislation after J~lr 1 ~'ould be improper. In this particular case, all this legislation should be in effect by Suly I ~hich is the beginning of the fiscal year. {e} Ord. 79-32 "Rezoning Tract 3 in the Binkler ~p~Facts in the City of Soldotna from the Unclassified District to I-Industrial District" The ordinance s'as read by title only as copies ~s'ere a~ailable for the public. Public hearing seas opened and then closed as no one ~isSed to be heard. ASSEMBLYMEMBER ~XRTIN MOVED FOR ENACT)lENT OF ORD. 79-32 ~D AFTER SOME DISCUSSION TIIE ORDINanCE IYAS ENACTED BY A VOTE OF 73.67 "YES" TO 48.17 "NO"; Moses, Ambarian and Cooper goring negatively. {f} Ord. 79-33 "~ending Section 2.08.120 of tho Borough C6de Setting Out the Order of Business of the Assembly, and Section 2.08.130 of th9 Borough Code Regarding Public Presentations to th~ Assembly" KENAI PENINSULA BOROUGII ASSEI~IBLY REGULAR ~Ir. ETING MINUTES _J_U~E 1~.,...!.9.79 PAGE S The ordinance was read by title only as su£ficient copies were available for the public. Public hearing was opened and when no one indicated a desire to speak, was closed. ASSEbIBLY~IEbtBER DI~iICK ~iOVED FOR ENACT,~IENT OF ORD. 79-33 AND I~ITHOUT DISCUSSION TIlE ORDINANCE IVAS ENACTED BY A VOTE OF 112.84 "YES" 3'0 9 "NO"; Martin voting'against enactment. G. INTRODUCTION OF ORDINANCES (a) Ord. 78-$7 "Revising Chapter 20 of tho Planning and Subdivision Regulations of the Borough Code Governing the ,Subdivision of Land Within the Borough" blt. Long recommended referring the ordinance to the Roads and Trails Committee as it does not address road designs and criteria and the committee would like to incorporate a section into it covering roads. ,~Ir. Long stated the committee will be meeting soon and by July 17 will introduce ~n ordinance requesting fro~l the public information as to whether or not they want the borough to assume road po~ers. If there is a positive vote, a great deal of work could be done on road standards. He believed Ord. 78-$7 could be brought back by August 7. ASSE,~IBLY,~IE,~IBER LONG IIOVED TO SET ORD. 78-$7 FOR ttEARIN6 AUGUST 7, 1979 AND THE .~IOTION PASSED UNANI,~IOUSLY. Mrs. Dimmick stated this ordinance has been studied and worked on by the Planning Commission for sene ti~e and is finally back to the assembly. She believed there should not be further delay. If the committee wants to address the road standards, this should be ~cconplished with a separate ordinance. The Chair referred Ord. 78-37 to the Roads and Trails Committee. (b) Ord. 79-38 "Amending the llomer Zoning Ordinance to Restrict Dwelling Unit Density in Residential Zones" ASSEIqBLY,~IEI~IBER COOPER ,~OVED TO SET ORD. 79-38 ."OR HEARING JULY l?, ~979 AND THE ORDINANCE I~'AS SET BY UNANI)IOUS CONSENT. (c) Ord. 79-39 "Providing for the Placing of Certain Propositions Relating to the North Peninsula Recreation Service Area Upon the Ballot of the Next Regular Election" ASSE.',IBLY)IEIIBER I,L~,RTIN l~!OVED TO SET ORD. 79-39 FOR tIEARI~G JULY 17 AND REFER TO THE LOCAL AFFAIRS COId:iITTEE AND ALSO PROVIDE COPIES TO THE NORTH PENINSULA RECREATION SERVICE AREA BOARD. TIIERE I/AS NO OBJECTION AND TIlE ORDINANCE {~'AS SET FOR IIEARING JULY 17 BY GENERAL CONSENT. H. PUBLIC PRESENTATIONS (a) l~tr. Truman Knudsen re: Ord. 79-31, Acquisition of Title to Borough Lands by lIomestead and Improvement Mr. Knudsen believed while the ordinance is appreciated, it is too restrictive; there should not be a classification plan and each individual should have the right to develop his land as he sees fit. - S - ....................................................... -I I1'1 KENAI PENI,~SI, II,,\ I~01,'011{;11 ^,%SI!MIII,Y I~li(,:lll,/xR ,~llili'l'l N(; MINII'I'I!S .;IL';E :9~__i979 PA¢',li 0 (b) ~h'. Richard B:~rnes, lies. 79-69 ~Ir. Barnes, ¥ice President and Secretary et' Alaska Pipeline go, and .~laska Gas and Service Co., introduced bh'. Bill Ilickman, Vice l'resident and Treasurer and ~lahlon Morris, Kenai I'eninsuia Manager. Y.r. Barnes reported about two yenrs ago the state legislature passed an amendment to the Alaska Industrial Ilevelop- merit Authority Act ~,hich al to,ced tax exempt financing for natura gas facilities. The act requires a company to receive local consent from the municipalities in which the facilities are to be located. 'l'sco years ago bis t'ir~t came before the assembly and consent was granted for a project which has since been completed. This action helped the company qualify for approximately $12,000,000 in capital additions in the Southcentral area that will be financed ~,ith tax exempt bonds at los,'er interest rates. Res. 79-69 looks forward to approximately 5 years of utility growth. Ilpon adoption it will become a part of the action before the Industrial Authority on June 22. The interest savings will accrue to th~ ~ate payers and users of thin borough as well as to the Anchorage ~lunicipality. There is no cost to the borough. I. CObE, IITTEE REPORTS (a) School Board (~lr. ltille) ~.Ir. ltille had no report. 3lt. Fischer commented a letter has been received from the School ~istrict indicating the various projects for funding, ilo stated at the meeting he attended two ~eeeks ago, a boardnember requested schematics for the I~orth Kenai Junior High School, but it is not on this list. (b) Cook Inlet Air Resources ~anagement ~istrict >ir. Long reported the last meeting as a joint venture with the Anchorage ~/unicipality will be held June 28. (c) OEDP Comaittee (no report) (d~: Finance Co~ittoe blt. tlille reported the comgittoe is recommending its findings on individual itens in the packet as they are discussed. (e) Solid 15aste Committee (no report) (f) Roads and Trails Comittee ~r. Long reported the co~ittee has held two meetings and ~lr. Conyers' report on the Leu ~Iorgan Road is in the packet. He requested ~lr. Conyers provide additiol,al information. ~ngineer Conyers reported the state reviewed and approved the Priority 1 projects as far as right of way except for Leu blorgan. This read has again been reviewed and sug?ested changes are on the map presented tonight, showing final alignment. On Priority 2 projects, the following were rejected: [enai River Bridge Sub, Stubblefield Road, },lur~ood Dr. and certain qualifications were placed on the Bear Creek Road. The current status of Priority 1 projects sho~s Tustumena Road as completed and Leu ~lorgan Road ~ith design completed and consultants have recomended postponement of construction until next season. Concern has been expressed over the sandy soils encountered and tf the road was built later this summer there ' -ii I -6- KENAI PENINSULA BOROUGII ASSIiNBLY REGULAR MEI-i3'I~G ~,IINUTI.;S JUNIi 19~ 1979 PAGE 7 would not be time for proper seeding of the slopes which in turn would cause erosion problems next spring. Longmere Lake Road crosses a swamp, requiring a Corps of Engineers permit which means the project is stalled. Greet Drive is out for bid and the award will come before the assembly ,July 17. Nest Poppy Lane design is complete and has been sub~aitted to th~ state with bid award August 7, Kingsley Loop design will be finalized 'his we~k and will be submitted to the state. The Tote Loop design will be received by the borough in a few days. -he Dept. does not anticipate construction of the Priority 2 roads this year. Ports and llarbors Committee Cmo report) (h) Local Affairs Committee Mr. Campbell reported the committee will meet at 9:30 a.m. tomorrow to discuss with Nr. Brogan the various reapportionment plans he has developed. The committee ~ill also discuss Ord. 79-~9. (i) Legislative Overview Committee Mr. Long reported this committee is defunct at this time. J. NAYOR'S REPORT (a) Financial Report for ~Iay 1979 ASSEMBLYMEMBER IIILLE MOVED TO ACK~Oh'LEDGE RECEIPT OF Tile )LAY 1979 FINANCIAL REPORT AND REQUESTED UNA,';II, IOUS CO,';SE;;T I¥1tlCII {VAS GRANTED. (b) Memo 79-95 Generator Program Status The Mayor called attention to the updated report from the Civil Defense Director. Mr. Hakert explained a generator has not been placed at East Homer Elementary yet, but is being contemplated. The Mayor explained there are no generators at Sewar~ Blementary and Seward High because the City has a standby generation system. Homer has a similar system. aMr. Martin left the meeting at approximately 10:I0 p.m. (c) Memo 79-107 Line Item Budget Adjustments The Nayor stated this report is required by the code and no action of the assembly is necessary. Res. 79-87 "Authorizing Transfer of Funds from the Public ~orks Department, ~aintenance Division, to the Finance Department, Data Processing Division" ASSEMBLYI~IE~IBER ItlLLE MOVED TO ADOPT RES. 79-87 AXI) I¥ITIIOUT DISCUSSION THE RESOLUTION I','AS UI~U;IMOUSLY ADOPTED. K. SClIOOL CONSTRUCTION REPORT ia) Res. 79-78 "Authorizing the PuFchase of Land In"ihe ~oothills Subdivision Located in the City of llomer for the Site of the Future Homer Elementary School For $110,000" Memo 79-63 and Res. 79-63 (tabled) ASSEMBLYMF~IBER IIILLE blOVED FOR Al)OPTION OF RES. 79-78. -7 - EI!:L~I I'I!RINSIII.A BORcHI(;II ASSI;MIH.Y RE(;III.AR ,HEFTING t. IINU'I'ES · JIIXF I~_~ 1979 ........ PATH[ g Hr. Arness opposed buyiqg a site for a new I0 classroom school, preferring an addition to the present facility be constructed retaining the core ;,rea. 5Ir. Cooper referred to Tabled lies. 79-63 stating the purchase of the site in Res. 79-78 ~¢ould be a far better plan than getting im'olved in the complexities of selling off the excess land obtained as a parcel in 79-63. lie stated the support facilities at the present ltomer Elementary School are already overloaded follo~,'ing the last addition. .Xlr. llakort described the various sites under consideration, During discussioa ~Ir. Fischer stated the .'~ssembly should recon- sider the 66 acre site in Res. 79-63. lie reported talking with the o;¢ner and it seemed there ~as a possibility of purchasing the 14. acres needed rather than thc whole parcel. ~;r. tlakert reported tho o~.~n~r nf this parcel preferred *n ;ell all or none of it as the 14 acres the borough was interested in was the most valuable portion of the acreage. ,Xlr. Cooper also reported that tho owner was reluctant to sell a portion of the parcel as she did not want the hassle involved in subdividing the remainder. 3layer Gilman pointed out the resolution is not an appropriation docu;aent, it nerely gives administration the authority to enter into negotiations for purchase of a site. The assembly will still have to appropriate funds to buy ~hatever parcel is nego- tiated. QUESTION WAS CALLED AND RES. 79-78 WAS ADOPTED BY A VOTE OF 103,84 "YES" TO 9 "NO"; Fischer voting negatively. ASSESIBLYt, II-:~IBER FISCIIER ~10VED TO TAKE RES. 79-63 FRO.~I THE TABLE AXD TIlE MOTIO:4 PASSED BY A VOTE OF 96,34 "YES" TO 16.5 "NO"; Arness and Campbell voting negatively. QUESTION I~'AS CALLED ON ADOPTION OF RES. 79-63 AND TIlE MOTION FAILED BY A VOTE OF 45 "YES" TO 67.84 "gO"; Davis, Douglas, Fischer~ Long and Corr voting affirmatively. (b) Res. 79-84 "A~¢arding the Contract for the ~onstruction of a Teacher's Residence at English Bay" ,'.lelao 79-104 ASSE.~.FBLY,HF~IBER LOng MOVED FOR ADOPTION OF RES. 79-84 AND FOLI.OI~'- ING A DISCUSSION TIIE RESOLUTIOI~ WAS ADOPTED BY A VOTE OF 92.84 "YES" tO 20 "NO";-Davis and :.loses voting negatively. (c) Furniture and Equipment Lists for Anchor Point, Tustumena Elementarys, lIomer and Seward High Schools approved 5-21-79 and for Sterling Elementary, Seward and Homer High Schools approved 6-4-79 ASSE.~IBLY~IE,~IB.'-R CORR MOVED TO APPROVE TIlE FURNITURE AND EQUIP- HENT LISTS AS PRESENTED. ASSE:.IBL~"~IlBER F ISClIER blOVED TO DIVIDE TIlE QUESTION TO APPROVE ALL SCIlOOLS EXCLUDING TLISTU~,IENA. THE MOTION I~AS APPROVED BY GENERAL CONSENT. ASS~tBL~4-F~ER FISCtlER ~IOVED TO APPROVE TIlE EQUIPMENT LISTS FOR TUSTUHENA ELEMENTARY BUT EXCLUDING TIlE 4 SETS OF RANDb~RK b~PS CONTAINING 3 I~PS ON A HULTI'ROLLER US POLITICAL ALASKA STATE, I~ORLD, FOR $360. ' - 8- KBNAI PENINSULA BOROUGII ASSEI.IBLY REGULAR I. IEETING I. IINUTES JU,NP. 19~ .,1979 PAGE 9 blr. Fischer believed an error had probably been made as these maps would not be used by Kindergarten, First or Second grade students, TIlE blOTION PASSEl) BY A VOTE OF 96.34 "YES" TO 16.5 "NO"; Campbell and Arness voting negt ively. ~ADDED I TE,~It~ ASSEMBLYI~EblBER DOUGLAS REQUESTED TIlE RECONSIDERATION OF TIIE BOARD OF E(~UALIZATION BE BROUGI!T FORTtl AT Tills TI}.IE. Mr. Davis reported he had requested reconsideration to reconvene the BeE at the last meeting to listen to testimony from the apartment owners, tlc then requested a stat.~nent ~ro1,~ Arty Sarisky before calling for the question on reconsideration. Atty. Sarisky reported at the last meeting :.Irs. Douglas moved for a rehearing of the Board of Equalization*s action on the apartment owners, fie stated there are several reasons why the confusion concerning hearings should be ended. The BeE has adjourned; it does not exist for the year 1979. Any rehearings or reconsiderations were contained in the letter from Atty. Baldwin, which did not contain any specifications upon s'hich the Board, if it had reconvened, could consider. The Borough Clerk~ under the direction of the assembly President, responded that no rehearings would be granted and the BeE judgements on the appeals have been certified by the Clerk and the tax assess- ment roll has been certified as required by law. I~atever action is taken now based upon a public presentation by an aggrieved landowner, cannot have any legal efficacy without really creating some difficult procedural and perhaps substan- tive questions. There is no rehearing appl. ication pending. l~aatever was requested ~as not specific enough and was denied. blt. Corr questioned how the reconsideration motion made by ~frs. Douglas at thc last meeting could no~¢ be reconsidered. l~r. Davis referred the question to Atty. Sarisky, ~,'ho stated it vould have to oe a motion by MRS. DOUGLAS TO RECO.~SIDER THE DEFEAT OF IIER ~tOTION TO REOPEN TIIE BeE OR TO GRA~T REItEARING. MRS. DOUGLAS STATED SHE NOULD ~iAKE Tills MOTION AS STATED BY THE ATTORNEY. (~[~eTION NAS CALLED AND THE REC~::SIDERATIO~ FAILED BY A VOTE OF 46.67 "Y~.S' TO 66.17 "NO"; Davis, Douglas~ Fischer, IIille~ Long favoring the reconsideration. L. 0TILER BUSINESS (a) Res. 79-68 "A Resolution Authorizing the :layer tO' Enter Into Joint Use Agreements ifith the North Kenai Community Club and .~lazie and Dolores blcGahan Regarding ~ikiski Fire Station No. 2" with Joint Useage Agreement ASSEI4BLY~IF~MBER LONG MOVED FOR ADOPTION OF RES. 79-68. ASSE~IBLY~IF~MBER t~IBARIAN .~IOVED TO AMEND TIIE NIKISKI FIRE SERVICE AREA AGREF-?~IENT BY ADDING AFTER "blcGAII~'S" IX Till: FIRST PARAGRAPII "and the Kenai Peninsula Borough acting on behalf of Nikiski Fire Service Area..." AND TO ~ExlEND TIlE JOINT USAGE AGREEblENT NITII TIIE CLUB, SECOND PARAGRAPll, "the club is incorporated as a non profit organization as owner of record..." TIlE A,~a;.gl).~IENT PASSED BY A UNANIb. IOUS VOTE. - 9 - JIINE 19_ 197.o PAGE IO ~Ir. t;ampbell requested comparison costs of ne~' facilities vs the richer;trion costs. t;hief I;'illis reported the costs of renovation are $180,000 while a net~' fire station is estimated at $674,100. Illth added costs of bonding, etc., the direct saving in using tile existing facility for a total of 52 years ~¢ot, ld be $709,800. .~Irs. I)ouglas referred to the Xikiski Fire Service Area Agreement leith the .~icgahans, Section 2 requesting clarification of tho sentence which re:ids, "This agreement shall run for a minimun of 49 years from the date of execution anti t.~ay be rene;eable annually thereafter at the option of the Service Area for three addition.'tl years for the amount of $I.00 per year" She stated this reads as an option of $I.00 per year and knowing this is not the intent, she would I iko some change in legal wording to clarify this. .~lrs. Douglas then referred to page 2, paragraph 6 and askea if anything that is built on the land would be tax exempt. .qayor Gilman reported in 196~ or 1965 an ordinance was passed ~hich set aside community centers as exempt from taxation and this parcel ~'as one of them. Atty. Sarisky stated the appraised value ~'hich is used as thc basis for arriving at the base lease figure of $250 a month ~,'ith revaluation every five years would only be on the land, not the improvements. ASSE.~IBLY:..:E,~IBER DOUGLAS ~IOVED TO A~IEND SECTIO.~; 2 TO READ AS FOI,LOI~'S: "This Agreenent shall run for a minimum of 49 years from the date of execution and nay be renewable annually for $1.00. Thereafter at the option of the Service Area for .~ additional years for the amount of $1.00 per year." ,'.ir. Cooper believed this ~'ording to be redundant. The section states that you can pick up the option to continue the lease for three more years for $1.00 per year. QUESTIO:; IX'AS CALLED AND THE A~.IENDMENT PASSED BY A VOTE OF 103.84 "YES" TO 10 "NO", 9 TESIPORARILY ABSENT; Cooper voting negatively and Dimnick absent. ASSE:IBI.Y.~IE.~IBER DOUGLAS TIIEN ~IOVED TO A).IEND TIlE RESOLUTION, PAGE 2, SECTION 1, 7th I.[.XE TO READ "$2S0.00 per month base lease during the term of the joint useage.. AS£E:IBLY:IE.~IBER FISCItER .xlOVED TO TABLE TIIE RE~OIUTIO.~ UNTIl, JULY 17 I)~ CRDER TO CO?IE BACK I~'ITIt A DOCU/.IEXT l~ITtl ADEQUATE I';ORDIXG. THF TABI. I;~G ,x!OTION FAILED BY A VOTE OF 19.67 "YES" TO 94,84 ".%0"; Fischer and Hille voting in the affirmative. ASSE,XlBLY,~iE.XlBER DOUGLAS ASKED ATTY, SARISKY TO PROVIDE ~fORDING FOR TIlE ,CXlEXD~IE;;T TO PAGE 2 I~IlICH h'ILL READ, '$2S0.00 per month during the base term of the lease of the joint usage and thereafter in accor~fance ~ith the terms..." QUESTIO~-f~S CALLED A~I) 'l~ilE ',~IE.:D~IE:-;T PASSE~ BY A VOTE OF 103.84 "YES" TO 9 Corr voting negatively. (b) Res. 79-60 "A ~esolution of the Assembly of the Kenai Peninsula Borough, Alaska, Consenting to the Location of Facilities for the Furnishing of Gas to Be Financed by the Alaska Industrial Development Authority and to Be Located ~tithin the Kenai Peninsula Borough" - 10- KENAI I'IiNINSIILA BOROUGII ASSEMBLY RECUI.AR ,%IEIiTING t. IINIJTES JUNE 1.9t.1979 PAGE 11 ASSE~IBLY~II.;~IBER 510SIiS ~IOVED FOR ADOPTION OF RES. 79-69 AND IVITIIOU'I' DISCUSSION Tile RESOLUTION 1VAS UNANIt, IOUSLY ADOPTED. Due tc the lateness of the hour, tlr. I{il]e requested the ,~layor to advise the assembly of items which should be acted on tonight. The ~iayor reported lles. 79-80, 79-82, 79-83 79-85 :,,d 79-86 owarding contracts should be acted upon before thc. 30 days have exl)ired. (d) Res. 79-80 "Accepting the Low Bid of Air Photo Tech to Provide Aerial Photographic Base }lap Coverage for the Contract Sun of $6~$00" ASqEI, IBI, Y~IEIqBER DI,~|.~.IICK ~',IOVEI) FOR ADOPTION qF RES. 79-80 AIVARDING CONTRACT TO AIR PIIOTO TECII IN TIlE A:IOU.'VT OF ~,6,300 AND VOTE lfAS UNANIBIOUS FOR :~DOI'TION. (e) Res. 79-82 "Amending the Scope of I¥ork Under th~' 'Cbntract with P.. If. Thorpe aild Associates to Provide for a Site Development and Land Disposition Plan for the City of Kenai" ASSEBiBI,YI~IE~IBER A,'.IBARIAN ,xlOVED TO ADOPT RES. 79-82 Ai','ARDING CONTRACT IN TIlE A~IOUNT OF $5,500 AND IT IYAS ADOP]'E;; BY A UNANI- MOUS VOTE. (f} Res. 79-83 "A~'arding a Contract to Silvers Fn'gineering for the Preparation of a traffic Study and access Plan for the City of Soldotna" ASSEb~BLYHE~IBER CORR )IOVED FOR ADOPTION OF RES. 79-8~ ~.l] AI';ARD OF CONTRACT FOR $10,000 AND TIlE RESOLUTION I'/AS ADOI-'TED BY A VOTE OF 105.84 "YES" TO 9 ",gO"; Fischer voting negatively. (g) Res. 79-85 "/mending the Scope of l~'ork Under lhe Contract with K i T Services for the Compilation of Subdivision Information to Provide for Cross Referencing of Plats" A$SEMBLYt. IE~IBER DI.~P,.IICK I. IOVED FOR ADOPTIO.~I OF RES. 79-85 AIIARDING CONTRACT NOT TO EXCEED $750 AND IT I~:-~,S ADOPTED BY A UNANI,%IOUS VOTE. (h) Res. 79-86 "Authorizing Further Studios Under the Contract with Pacific Rim Planners, Inc. for the Seldovia ComprcY.:~.~ive Plan and Transferring Certain Revenue Sharing Funds" A~SE~IBLY)IL~IBER DI)~IICK BIOVED FOR ADOPTION OF RES. 79-86 AIVARDI~G CONTRACT FOR $8,200 AND TIlE RESOLUTION IfAS ADOPTED BY UNANDIOUS VOTE. Vice Pres. Davis requested the Clerk to place Res. 79-71 and 79-79 and Ord. 79-21 and Agenda items L(1) through O on the next agenda. ~IR. FISCHER NITIIDREI~ RECONSIDERATION OF RES. 79-71. N. PUBLIC PRESENTATIONS Vice Pres. Davis asked if any members of the public wished to speak and as there were none, public paresentations were closed. ASS-I~IBLYbIEBIBER AR}lESS REQUESTED ORD. 79-21 BE PLACED O,~ TIlE JULY 3 AGENDA AND BE PUBLISIIED AGAIN FOR PUBLIC IIEARING. - 11 - MEMORANDUM TO: Honorable Mayor and City Council FROM: Chaz'les Brown, Acting City Manager DATE: July 6, 1979 At the July 5th Council meeting, the Council tabled Ordinance 511-79 pending the outcome of the City's offer to settle all claims submitted by HFA on the LPW Street Projects, Redoubt Way and Airport Loop for $1,000. The following are claims submitted by HEA: Airport $ 904.40 Airport 343.57 Airport 403.77 'Kaknu 170.86 Redoubt 200.14 $2,'022.74 IlEA is willing to accept the $1,000 offer to settle all claims except the $200.14 on Redoubt Way. The work on Redoubt Way was lowering of lines that they feel should be paid in addition to the $1,000. CB:sp CITY OF KENAI ORDINANCE NO. 511-79 AN ORDINANCE OF TIIE 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 OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the Capital Project Fund entitled "Redoubt Way Paving" be made: Increase Estimated Revenues: Contribution from Fund Balance, 1974 Refunded Bond Issue (Streets) Increase Appropriations: Engineering Construction PASSED BY THE COUNCIL OF THE CITY OF KENAI, day of July, 1979. $1,658 $ 3o5 ALASKA this VINCENT O' REILLY, .%~AYOR ATTESt: ~ C. Pete~, C~ty Clerk Approved by Finance:~ First Reading: June 20, 1979 Second Reading: July 5, 1979 - TABLED THIRD READING: J,.uly 18, 1979 CH2M !_! i ! I ]~li III-L. engineers planners. economists scientists 20 June 1979 Kl1865.A3 Mr. Charles Brown Acting City Manager City of Kenai Box 580 Kenai, 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 will be necessary to increase this budget as follows: · Design Prepare additional plans & specs for slurry seal funded by FAA after design was complete Services During Construction Costs as of 6/20/79 Projected costs to 7/20/79 Admin., quantities reconcilation, final inspection, record drawings, and misc. job close-out Original budget Amount of budget increase $ 5,431 $51,220 14,000 2,500 :~; $67,220 ~';'~ ' 30,122 w $37,598... $.37,599~ $43,029 The primary reason for the added costs are changes in work scope and additional work required during the resident inspection effort. All of these costs are eligible for FAA/State grant participation. Anr. h0raie Office 310 K Street. AnchoraRe. Alaska 99501 907/279-6491 Mr. Charles Borwn 20 June 1979 KI1865.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 possible. Charles E. Torkko Regional Manager dea Approved for CITY OF KENAI: Name Title Date SPECIAL {ISl'- P£R~{IT (Not to be used for a period of time in excess of one year) DATE The CITY OF KENAI [or the considerations and pursuant to the conditions and requirements set fgrth below hereby grants to: Company Name: SHEFFIELD HOUSE Authorized Representative: Billing Address: .BOX 460; KE~AI, ALASKA 99611 hereina£ter sometimes referred to as the PER.~ilTTEE(S) the right to OPERATE.A DIRECT TELEPHONE LINE ANO OISPLAY A POSTER IN THE KENRI ~4UNICIPALmAIRPORT TERMINAL BUILDING FOR THE SHEFFIELD HOUSE . 1. Term: This special use permit }hall commence on the · I~T --d~ of dU~ , 1979 , and shall extend to ~hd through the ~OTH day of juNr ,, , 19go. 2. p~rmit Fees: The Pe~mittee(s), prior to the exercise of any privilege granted pursuant to this permit, shall pay for the use or pri¥ilege specified herein a fee as indicated below: (a) A total fee of $ I~.~O_PLUS TANin full payment for the use of pr£vilcge specified herein. tota! fee of S payable tn~ enctng on khe first day o£ the term~the and additional subse!ll~n~installments n the amount of~ , pay~bl~,,~~'~ --. Cc) A £ee compu~~e~-~per~ · (d) In additid~ the for~oing~ts, fees and ren~s specified above the City 3.. Right of Entry: Ent~ and occupancy is authorized as of the l~ day ~i o~LY _ _, 19~ . 4. Place aud Ti~e of Pa~ents: All payments shall be made on ox before %he date due to the ~ity'Clerk, City Administration Building, Kenai, Alaska, or by mailing to the following address: City oi Kenai, ~ox 580, Kgnai, Alaska 99611. S. Use: The use by the Per6ittee(s) of the premises described above is l~ted 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 Kenai for the protection and maintenance of the premises and of adjacent and contig~ou~ lands or facilities. Page One, SPECIAL USE PERMIT 6. Insurance: I'ermittee(s) agrees to save the City h;~rmless £rom all a~ions, snits~ liabililies or damages resulting £rom or arising out of any acts of commission o{' omissioa b~ the Permittee(: his agents, employces~ customers~ invitces, or arising from or out of the Permittee(s)' occupation, or use of the premises demised, or privileges granted, and to p~ all costs connected thereuith. I.~ ~a) Public liability insurance protecting both the City anj~a~r its agon~nd the Permittee(s), such insurance to bo evidence_,~y a certificate~insurance sho~ing the insurance in force. .~amount of such pub~e~bility insuranc~ shall hays limits n~ss than those known ~s ~ ~ (b) Permttte~(s) a~o carr~s'li~iltty_tnsurance and ~orkmen's Compensati~rnish a certificate thereof to the ~ ~' . _ _ . (c) Insurance cont~~ity insuran~ and ' ~ork~en's Coapensati~_no%~than.~t~tY (~0) days ~rttten not~~n ~piration or (d~~~_~rogatio~ a~s~ th~~}~or, and sna~ pr aed at no cost to the City. ' 7. Porobearance: Failure to insist upon a strict co~pliance ~tth the terms, c0ndi'{ions, and requirements herein contained, or re~erred to, shall not constitute or be construed ~s a waiver or relinquishment of the right to exercise sech ter~s~ conditions or require~ents. 8. Regulations: The exercise o~ the use granted herein is at all times to be subject to the regulations governing the Kenai ~ Municipal Ai~ort titled "Kenai bluntctpal Airport Regulations", .'-' issued in 1976. By signing this permit~ the PereitteeCs)'ackno~ledges that he has received a copy o~ said regulations and has ~aeiltarized himself therewith and ~ill comply ~ith the requirements of said regulations. 9. Solicitations: Solicitation o~ donations or the promotion or operatibn of any part or kind o~ business or commercial enterprise not contemplated by this Special Use Permit upon, in or above airport lands ~ithout the ~ritten consent o~ the City~ is prohibited. ' 10. Removal of Property: Any or all personal or real property placed or bsed upon lands or in facilities in violation of the preceding prohibitions may be reeoved and/or impounded by the City o~ genai~ and ~hen so removed and/or impounded, such property may be redeemed by the o~ner thereo~ onlr upon the payment to the City of the costs o~ reeoval plus storage charges o~ $1.00 per day. CITY OF XENAI GIVEN UNDER ~iY ibLND AND SEAL OF OFFICE, this 19 · day Of . ,~ ~O'rARY'P'UUL'iC' ~OR AI.,~$~A Commission Expires Page T~o, SPECIAL USE PERMIT CiTY OF KENAI ¥ July 18, 1979 Ms. Betty Calhoun Supervisor of Records & Licensing Alcoholic Beverage Control Board 201 E. Ninth Avenue Anchorage, Ak 99501 Re: Liquor Transfer Application of Aviation Consultants, Inc. to Joseph Anderson & Richard Kochanuski Gentlemen: This will operate as a letter of non-opposition by the City of Kenai to the transfer of the above liquor license from Aviation Consultants, Inc. to Joseph Anderson and Richard Kochanuski. We understand that our written non-opposition in this matter will allow the Board to make its determination for the subject transfer at its meeting in August rather than delaying the matter to September or October. Since the City of Kenai has already consented to the assign- merit of the business establishment which operates under this liquor license and since the City of Kenai traditionally voices its objections to transfers and liquor license renewals only if the liquor establishment is not in good standing as it concerns payment of sales and property taxes, and since a check with the Kenai Peninsula Borough has established that the business which is being transferred is fully paid up in its property tax and sales tax obligations, the City of Kenai would have no objection to the transfer of this liquor license. Very truly yours, Ernest Schlereth City Attorney ES/md CITY OF KENAI ¥ P. Oo BOX 580 KENAI, ALASKA 996! TELEPHONE 285 · July 13, 1979 ~4E~.IO TO: FROM: SUBJECT: Charles Brown, Acting City Manager Bill Nelson, City Engineer What's Happening Report for City Council Meeting July 18, 1979 AIRPORT WAY - WATER, SEWER, AND STREET Sewer line construction is nearly complete. The road crossing at Willow Street was completed. The water line has been pressure tested and O.K.'d. WINTERIZATION OF WARM STORAGE BUILDING Final punch items have been completed and the project bas been accepted. The Public Works Dept. has authorized project closeout. 1979 IMPROVEMENTS TO KENAI FIUNICIPAL AIRPORT Work has progressed to the extent that the inaugural flights by Wien to Seattle have begun. The contractor is working on the Phase II ~ III drainage ditch and is completing Phase III lighting. RENOVATION OF WELL HOIJSE 101 Preparation of the pit for boring under tile Well House to place a new line has begun and the crane rails have been partially constructed. The contractor has held off on tile boring until the water table is lower. KENAI SPUR WATER MAIN General ~ite clean up, grading and testing are being conducted. The basic water line, road crossing, and stream crossing have been completed. Fire hydrants are being set. lqhat's llappening Report Page 2 July 13, 1979 MODIFICATIONS TO LIFT STATIONS Installation of pumps and related material has been completed in Lift Stations No. 1, 2, and 4 and electrical gear in Lift Station S. The transfer switches and some other minor items are still to be placed. The contractor has agreed to supply transfer switches for $1,721 as noted in Change Order No. 2. These switches were originally to be supplied by Contractor's Equipment Corp. along with the pumps and other related electrical gear. Contractor's Equipment Corp. could not supply the transfer switches and has agreed to credit the City with the amount requested in Change Order No. 2. Pay estimate No. 1 and Change Order No. 2 have been approved. Change Order No. 1 is being held for resubmittal by the contractor. A minor accident has occurred at Lift Station No. 3. According to the engineers report,the sand gave way under a crane while setting a manhole base. The crane toppled over, no injuries were reported. ~INTERIZATION OF AIRPORT TERMINAL EDA has requested that the project be sent out to bid again with reduced scope and deductive alternates. ANIMAL SHELTER The project is 99 percent completed and authorization for payment is being held pending completion of final punch list items. SHOP ADDITION No action! PUBLIC WORKS CREI~'S Shop The 12G Grader has been placed back in service. The 14G has been worked on to try to discover the problem. The crew has also been working on the backhoe, fire engines, police cars and the Parks and Rec tractor. Streets - Street Crew has been working on the fence for the bluff, installing signs, blading streets (oil has been difficult to find) and picking up garbage. If [ S - The crew has been cleaning sewer lines and fire hydrants. They have also been working in the underground well house. i~hat's llappening Report Page 5 July 13, 1979 Elsie Cresswell - lqatcr and Sewer Tie-In Attached are copies of Sewer As Builts showing the proximity of water mains and sewer manholes to Ms. Cresswell's lot. Also, shown is the 3S' easement granted to the City by ~4s. Cresswel 1. BN/jet -I ~ SEWER SERVICE TO HIGH SCHOOL ? '6 16 19 PENINSULA 6 I O"SS MH / 7 I FH TO B~' MOVED 35' V14 THIS CONTHACT 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 $29,225 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 $27,096 Increase Appropriations: Administration 96 Construction 27,000 $27,096 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: ~ First Reading: July 5, 1979 Second Reading: July 18, 1979 Effective Date: July 18, 1979 CITY OF KENAI ORDINANCE NO. 516-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI ESTABLISItING 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 desirable, 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 7,900 Special 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) Communication (In-kind) $25,200 7,900 1,200 2,912 3,000 220 $40,432 DE1 ~%ltTMENT OF AL C~Hi~LIC BEVERAGE C~iV'rRt~L BOARD ' July 3, 1979 Sue Peter' ity Clerk City of Kenat Box 580 Kenai, Alaska 99611 ,lAY S. #AA~¥ONfl, GOVERNOR 201 EAST 9TH. A VENUE ANCHORAGE, ALASKA Dear Ms. Peter: The Alcoholic Beverage Control Board intends to approve the enclosed application for a new liquor license. RECREATIONAL SITE TWIN CITY RACEWAY; Twin City Raceway, Inc.; Pres. Joseph M. Ross, Tres. Royce M. Adams; Mile 5 Kenai Spur Road; Mail: P.O. Box 3561, Kenai, Alaska, 99611. If you choose to protest under AS 04.10.270, you must submit a statement of issues pursuant to the Administrative Procedures Act (AS 44.62) within 30 days from receipt of this letter. If we do not receive a response, the Board will assume you have no objection to the issuance and will take final action on the application. Thank you for your consideration. UI~S, Betty L. ~a'lhoo Records and Licensing Supervisor BLC:lds Enc. )4-015LH 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: Sue C. Peter, City Clerk Approved by Finance: ~6~/~ VINCENT O'REILLY, MAYOR First Reading: July 5, 1979 Second Reading: July 18, 1979 Effective Date: July 18, 1979 AGI~NDA KENAI CITY COUNCIL - P.I~GI~I,AR .XII.'.I-'.TI::G JULY 5, 1979 - 7: OO P.M. KENAI PUBLIC SAFI'.TY IIIqLI)ING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAl. B. IIEARINGS I. Ordinance 500-79, amending Ordinnnee 290-76, Airport Rel~ulations 2. Ordinance 505-79, establishing p,'ocedures for rceeivin{~ applications for financing by the issuance of municipal indns~rtal development bonds 3. Ordinance 506-79, inerensinl~ estimated revenues/a{~propriations by $4.6?5 in the capital project "Facilities Do. sipfn" 4. Ordinance 507-79, creatin~ ~ cepitnl Oroject "i~'illow ~treet Luminaries" and inerensing estirqnted revenues and appropriations in such fund by ~75,000 §. Ordinnnee 508-79, amending etd. 122 regulntin~ oil and F. as well drilling 6. Ordinance 509-?9, providin~ for a ne~v Anit~nl Cont~I Ordinnnee ~. Ordnance 510-79, crating a cnptt~ proj~t "City Ad~ini~rntion Building" and ~ereasing e~i~t~ revenues/appropriations in such fund by S50 8. Ordinnnee 511-79, increasing estimated revenues/nppr0printions in "Redoubt IVay Paving" C. ~RSONS PRESENT SCHEDULED TO BE ~ARD D. ~E S I, Minutes of the re.far meeting of June 20, 1979 E. ~RREBPON~ENCE F. OLD BUS.SS I. Re~lutton 79-65 -- ~fll pending 2. Dl~usston Floal Pl~e Basin B. Lease rate rcneg~iation ns ~bmi~ed by Jack Thompson O. NEW BUSINESS 1. ~llis ~ be paid - bills to be ratified 2. R~ui6ilio~ exceeding $500 B. Ordnance 512-79. creating n c~pii~ proJ~t fund "East Ken~ Park Trails" Bad tner~sin~ e~fmnt~ revenues/apuropriniions in such fund by ~27,096 4. Ordinance 513-79. ~ending the Per~nnel Regulullons by ~dding a ~ep "CC" 5. Ordin~nce 514-79, e~blishing a capital pro{~i enticed "~ewer Pl~ut ~n~cilon" I tn~sin~ r~'~nues/npprc~iions by S2,500 a d~rin~ ~erffency 6. Ordinance 515-~9, incr~sing e~imni~ r~enues/n~prourialions by ~25,442 in r~o~liion of ihe Kenoi-Soldolfla Communications Conirn~ nnd d~{n~n~ nn emergency ~. O~insnco 516-79. establishing a speci~ r~.enue fund "Kenat ~enior Citizens Project" 8. Re.fatten ~9-98. ~s~blishing ibc ~ulhortzed si~nalures fo~ deposit or of funds f~m de~siiorie~ of mnnicip~l funds 9. Re~lufion ?9-99. irnnsfer of funds {o purc~ paper products for the Te~in~ 10. ~p~ Use Permit - Olneie~ Strife Tel~ne 11. Addendum to eontra~ betwe~ City and Ted Fo, fsi ~ 12. Addendum to ~ntr~ betw~n City and CII2AI }Ifil 13. Pnym~t to glI2M 14. Pay~t to Ted Forst & 15. Petrie Esll~nte ?Io. 2 - Hereon, Inc. 16. Pe~te E~[mnte ~o. 2 - Wildw~d ConCretion, }ne./Alaska Const~etors I?. Subsurface Oil and Gas Lense - U~ion Oil County 18. Assi~ment of Lense - Daddy's 31oney ~d Bre~d ~ BuRet H. ~RTS I. City Manager 2. Ct~ Attorney 3. M~r 4. Ci~ Clerk fi. Fin~ee Dir~r 6. Pla~ntn~ & Zoning Commission 7. Ke~l Peninsula ~orou~h Assembly 8. ~blic Works Committee f~m Council 9. Advi~ry Harbor Commission KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Michael Seaman, Edward Ar0barian, Charles Bailie, Betty Glick and Ronald Malston Absent: Philip Abet AGENDA: ~ayor O'Reflly advised that City Attorney Schlereth requested the inclusion of Assignment of Lease for ACI for their facilities in the Airport Terminal and also as Union Oil Company representatives from Anchorage were in the audience, Council concurred that item G-l? could be heard as the first order of new business. B. HEARINGS B-l: Ordinance 500-79 Mayor O'Reilly read Ordinance 500-79 by title only. 'An ordinance amending Ord. 290-76, Kenai Municipal Airport Regulations.' There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman ~.~alston, to bring Ord. 500-79 back from the table. Motion passed unanimously by roll call vote. MOTION: Councilman Malston moved, seconded by Councilwoman Gliek, for adoption of Ordinance 500-79, amending the Airport Regulations. Councilman Ambarian stated that the reasons the ordinance had been tabled was to provide adequate time to insert a better description of tundra tires and approval from the FAA of the intent of the ordinance. Acting City Manager Charles Brown advised that the FAA representatives had indicated approval and would be forthcoming with -~vrttten confirmation of their concurrence with the ordinance. (~UESTION: Motion passed with Councilmembers Glick and Bailie voting no. July 5, 1979 - Page 2 B-2: Ordinance 505-79 Mayor O'Reilly read Ordinance 505-79 by title only. "An ordinance establishing a pro- cedure for receiving applications for financing by the issuance of Municipal Industrial Development Bonds." There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ord. 505-79, establishing procedures for application for issuance of municipal industrial development bonds. Motion passed unanimously by roll call vote. B-3: Ordinance 506-79 Mayor O'Reilly read Ordinance 506-79 by title only. "An ordinance increasing estimated revenues and appropriations in the Capital Project fund entitled "Facilities Design" by $4,675." There was no public comment. MOTION: Councilman Seaman moved, seconded by Councilman ~alston, for adoption of ~ Ordinance 506-79, increasing estimated revenues/appropriations in capital project "Facilities Design'.' Motion passed unanimously by roll call vote. B-4: Ordinance 507-79 Mayor O'Reilly read Ordinance 507-79 by title only. "An ordinance creating a capital project fund entitled "Willow Street Luminaries" and increasing estimated revenues and appropriations in such fund by $75,000." · There was no public comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 507-79, increasing estimated revenues/appropriations by $75,000 "Willow Street Luminaries." Motion passed by roll call vote with Councilman Bailie voting no. B-5: Ordinance 508-79 Mayor O'Reilly read Ordinance 508-79 amending Ord. 122 regulating oil and gas ~ well drilling within the City of Kenai and adding such regulations to the Kenai Code." Mayor O'Reilly opened the meeting to the public. · July 5, 1979 - Page 3 Mr. Larry Vavra, Union Oti, presented Council with two "Sundry Notices and Reports on Wells" up-dating the latest events relative to the drilling of the Cannery Loop Unit #1 well. Mr. Vavra reported that the well is capable in producing paying quantities. The State has also approved the actual procedures. Mr. Carmen Gintoli inquired if the proposed ordinance provided for cost savings to the oil companies, would the oil companies in return be able to fulfill the requirements as set forth in the covenants of Woodland Subdivision that a certain parcel (s) of land would be set aside for recreational and eduoational purposes? Mr. Vavra replied that he would not be able to respond as the question was unrelated to the matter at hand, however, Vavra did feel that modifications had been made to the covenants for Woodland Subdivision which precluded setting aside specific lots. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for adoption of Ord. 508-79 amending Ord. 122 regulating oil and gas well drilling within the City of Kenai. Motion passed unanimously by roll call vote. B-6: Ordinance 509-79 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. Mayor O'Reilly opened the hearing to the public. Mrs. Judy Copeland encouraged passage of the ordinance as she felt there were problem areas within the City concerning animals running at large and l~rs. Copeland felt under the present Animal Control ordinance, the Animal Control Officer was unable to enforce the leash law. MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for adoption of Ordinance 509-79, providing for a new Animal Control ordinance. Motion passed unanimously by roll coil vote. B-7: Ordinance 510-79 Mayor O'Reflly read Ordinance 510-79 by title only. "An ordinance establishing a capital project fund entitled "City Administration Building" and increasing estimated revenues and appropriations in such fund by $50,000." There was no public comment. I~iOTION: Councilman Malston moved, seconded by Councilman Seaman, for adoption of Ordinance 510-79, "City Administration Building" and increasing estimated revenues/ appropriations in such fund by $50,000. Motion passed unanimously by roll call vote. July 5, 1979 - Page 4 B-8: Ordinance 511-79 Mayor O*Reilly read Ordinance 511-79 by title only. *'An ordinance increasing estimate revenues/appropriations in the capital project fund entitled "Redoubt Way Paving*' ." There was no public comment. Acting City Manager Brown requested that the ordinance be tabled until such time the matter of HEA accepting the $1,000 as payment for claims against the City is resolved. MOTION - TABLE Councilman Bailie moved, seconded by Councilwoman Glick, to table Ordinance 511-79 until the next regular meeting. Motion passed unanimously by ~oll call vote. C. PERSONS PBESENT SCHEDULED TO BE HEARD De D-l: F-l: F-2: None MINUTES Minutes of the regular meeting of June 20, 1979 Approved as distributed ~ CORRESPONDENCE None OLD BUSINESS Resolution 79-65 Acting City Manager Brown advised that the funds had lapsed and the resolution would no longer be proper - the matter will be discussed at the meeting of the Public Works Comrn!ttee. Discussion Float Plane Basin Acting City Manager Brown advised that it would take approximately $30,00(I in dirt work to make the area visible from the Control To.wet. Councilman l~alston stated that several of the FBO~s had agreed to aid in removing some of the dirt so that the Float Plane Basin could be utilized. Councilman Ambarian advised that the former City Manager was to have requested that the Airport runway contractor was to remove some of the materials to be used as fill on the project which alleviate some of the excess dirt work to be done. Council directed that Administration proceed with checking with the contractor and determining the status of the remaining materials to be removed. '--- July. 5, 1979 ~ Page F- 3: Lease rate renegotiation Matter referred to the Public Works Committee for discussion. G. NEW BUSINESS G-17: Subsurface Oil and Gas Lease - Union Oil Company MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for approval of "Subsurface Oil and Gas Lease'* on 13.94 acres, Tract//331 with Union Oil Comoany of California. Motion passed unanimously by roll call vote. G-l: Bills to be paid - bflls to be ratified MOTION: Councilman Seaman moved, seconded by Councilroan Bailie, for approval of bills to be paid and bills to be ratified as submitted this date. Motion passed unanimously by roll call vote. G-2: Requisitions exceeding $500 MOTION: Councilman Malston moved, seconded by Councilman Seaman, for approval of requisitions exceeding $500 as submitted this date. Motion passed unanimously by roll call vote. G-3: Ordinance 512-79 Mayor O*Reilly read Ordinance 512-79 by title only. '*An ordinance creating a capital project fund entitled "East Kenai Park Trails*' and increasing estimated revenues and appropriations in such fund by $27,096 ." MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for introduction of Ordinance 512-79, creating a capital project "East Kenai Park Trails;' Motion passed unanimously by roll call vote. G-4: Ordinance 513-79 Mayor O'Reflly read Ordinance 513-79 by title only. "An ordinance amending the Personnel Regulations of the City of Kenai by adding a Step "CC" to the classified salary schedule." 1979 - Page MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for introduction of Ordinance 513-79, amending the Personnel Regulations. Councilman Ambarian stated that the addition of a Step 'CC' to the classified salary schedule will throw the entire schedule and would, therefore, recommend review of the schedule with the proposed amendment. MOTION - TABLE Councilwoman Glick moved, seconded by Councilman Mnlston, to table Ordinance 513-79, until the next regular meeting of Council. Motion passed unanimously by roll call vote. G-5: Ordinance 514-79 Mayor O'Reilly read Ordinance 514-79 by rifle only. "An ordinance establishinF, a capital project fund entitled "Sewer Treatment Plant Construction" increasing estimated revenues and appropriations in such fund by .~2,500 and declaring an emergency." MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for introduction of Ordinance 514-79, establishing a capital project fund entitled "Sewer Treatment Plant Construction.' Motion passed unanimously by roll call vote. Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for adoption of Ordinance 514-79, "Sewer Treatment Plant Construction" and declaring an emergency. Motion passed unanimously by roll call vote. G-6: Ordinance 515-79 Mayor O'Reilly read Ordinance 515-79by title only. "An ordinance increasing estimated revenues and appropriations in the 1979-80 General Fund Budget in the amount of $25,442 in recognition of the Kenai-Soldotna Communications Contract, and declaring an emergency.' MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for introduction of Ordinance 515-79, increasing estimated revenues/anpropriations in reco .gnition of the Kenai-Soldotna Communications Contract. Motion passed unanimously by roll call vote. July 5, 1979 - Page 7 Mayor O'Reilly opened the meeting to the public. There was no comment. MOTION: Councilwoman Gltck moved, seconded by Councilman Seaman, for adoption of Ordinance 515- 79, increasing estimated revenues and appropriations in the I979- $0 General Fund by $25,442 in recognition of the Kenai-Soldotna Communications Contract and declaring an emergency. Motion passed unanimously by roll call vote. G-7: Ordinance 516-79 Mayor O'Reilly read Ordinance 516-79 by title only. "An ordinance 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." MOTION: Councilman Malston moved, seconded by Councilman Seaman, for introduction of Ordinance 516-79, establishing a special revenue fund entitled "Kenai Senior Citizens Project FY 1979-80." Motion passed unanimously by roll call vote. Resolution 79-98 Mayor O'ReiLly read Resolution 79-98 by title only. "A resolution establishing the authorized signatures for deposit or withdrawal of funds from depositories of municipal funds." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, for adoption of Resolution 79-98, establishing the authorized al?~natures for deposit or withdrawal of municipal funds. Councilman Ambarian stated that he would be opposed to the use of the City Attorney as the City Attorney is involved in legal matters which should not be interrupted, Councilman Molston stated that as this would be only nn interim situation until such time a new City Manager was named, the use of the City Attorney should not disrupt the legal business of the City. Councilman Bailie inquired if ali individuals authorized to sign were bonded and insurance representative Ed Emery advised that nonc~ere bonded. Council directed that the City proceed with proper bonding requirements. ._~ QUESTION: Motion passed by roll coal vote with Councilman Ambarian voting no. July 5, 1979 - Page 8 G-9: Resolution 79-99 Mayor O'Reilly read Resolution 79-99 transferring funds in the amount of $5,084 to allocate the excess of professional services budget to operating supplies in order to purchase paper products for the Terminal. There was no public comment. MOTION: Councilwoman Gliek moved, seconded by Councilman Malston, for adoption of Resolution 79-99, transferring $5,084 to purehase paper products for the Terminal. Motion passed unanimously by roll call vote. G-10: Special Use Permit MOTION: Councilman Seaman moved, seconded by Councilman Bailie, for approval of special use permit for Glacier State Telephone Company for use of street right-of-way between lots 4 and 5, Cook Inlet Industrial Air Park for a term of one year at a total fee of $137.50. G-11: .~otion passed unanimously by roll call vote. Addendum Acting City Manager Charles Brown advised that Ted Forsi & Associates performed work outside the scope of their contract with the City but felt that the work was essential. Mr. Forsi had requested approval of an addendum for additional enwineering services in the amount of $1,338.55. MOTION: Councilman Ambarian moved, seconded by Councilman Bailie, to table the amendment and request that Mr. Forsi appear before Council for further discussion. Motion passed unanimously by roll call vote. G-12: Addendum Acting City Manager Brown advised that when CII2M Ilill bid on the runway project their contract did not include that portion of the slurry coat seal project which was added after start-up of the project. Councilwoman Glick stated that as with the request of Council that Mr. Forsi appear to discuss the amendment to his contract, so should CIt2M Hill. Councilwoman Glick further commented that it was her opinion that when the original bids were submitted to the City, additional work, etc .~ should have been considered and included. July 5, 1979 - Page 9 MOTION: Councilman Bailie moved, seconded by Councilman Seamar~ to table amendment to contract with CII2M llill unil the next regular meeting of Council. Motion passed unanimously by roll call vote. G-13: Payment to CII2M IIill MOTION: Councilman Malston moved, seconded by Councilwoman Olick, for approval of payment to CH2M IIill in the amount of $20,410.43, invoice 9835 for professional services during Airport construction project. Motion passed unanimously by roll callvote. G-14: Payment to Ted Forsi & Associates MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to table payment to Ted Forst & Associates until such time as the amendment to contract for engineering services has been resolved. Motion passed unanimously by roll call vote. G-15: Periodic Estimate No. 2 - Norcon, Inc. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for approval of payment of periodic estimate No. 2 to Norcon, Inc. for I979 improvements to Kenai Airport in the amount of $393,889.92. Motion passed unanimously by roll call vote. G-16: Periodic Estimate No. 2- Wildwood Construction MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for approval of periodic estimate no. 2 in the amount of $60,453.52 to Wildwood Construction, Inc./ Alaska Contractors, J.V., for water main improvements. Motion passed unanimously by roll call vote. G-18: Assignment of Lease MOTION: Councilman Bailie moved, seconded by Councilman Seaman, for approval of Assignment cf Lease from Aviation Consultants, Inc. to Joseph Anderson and Richard Koehinoski, for Airport Terminal Space in the Kenai Municipal Airport. Motion passed unanimously by roll call vote. .July 5, 1979 - Page I0 H. REPORTS H-I: Acting City Manager (a) Terminal Arctic Doors Project - Acting City Manager Brown inquired if Council wished the City to proceed with the project or terminate the project. Architect Carmen Gintoli suggested that the scope of the project not be reduced but send out the same contract documents and go to bid again. Mr. Gtntoli explained that he felt the bids would come in lower at this time and the work should be able to be done for $50,000. Council concurred that the project be rebid. (b) Sale of 16.25 acres - Acting City~,~anager Brown advised that the City had no provision for engaging brokers to handle the sale of the lands. Council discussion concluded that as the sale was forthcoming, it would be too late to establish such procedures, however, would wish to establish procedures as quickly as possible for future sales. (c) Section 36 lands - Councilman Malston inquired as to the status and was advised by Mr. Brown that he would investigate and report back to Council at their next meeting. (d) Polar Airways - Mr. Brown advised that Polar was in need of space for baggage and counter -- the City is attempting to locate space that could be used in the interim perle or until such time some remodeling of the Terminal has been accomplished. (e) Security at the Terminal City Police Chief Richard Ross submitted a memorandum to Council outlining alternatives to the security situation at the Airport. Council set a work session on the matter for I2 noon, ~,{onday, July 9th at the Kenai Public Safety Building. (f) Snow Shoe Gun Club - Acting City Manager Charles Brown advised that a representative of the Gun Club had contacted the City to request the $3,000 that was granted to the Club at the Council meeting of December 21, 1977. Councilman Ambarian stated that the Council's intent was that the Snow Shoe Gun Club complete the transaction of renewing their lease of the facility from the State of Alaska for a term of five years l~rior to remittance of the $3,000. Mr. Brown advised that the money would now have to be funded out of the contingency and would have the paperwork prepared for the next meeting upon review by the Attorney. (g) CH2M Hill - Mr. Brown requested approval to sign a contract with CII2M Hill to authorize them to proceed with preparation of the grant application for Step III. MOTION: Councilwoman Glick moved, seconded by Councilman ~.!alston, for approval of authorization for the Acting City Manager to sign necessary documents so that CH2M tIil~ may proceed with preparation of the Step III Grant Application. Motion passed unanimously by roll call vote. Jul~ 5, 1979 - Page I1 (h) FAA Grounds - Acting City Mgr. Brown requested approval to allow a caravan of Holiday Rambler recreational vehicles to utilize the FAA housing area grounds and allow them boole-up to City water. Councilman Malston stated that the City should allow use of the grounds and hook-uD to the water as has been done in the past. Council so concurred. (i) Frykholm Appraisal called in a verbal quote on the appraisal of the facility known as the "Mukluk Building and such appraisal is quoted at $115,000 to $135,000. EDA Work Shop in Seattle - Public Works Director Keith Kornelis has been invited to attend a work shop in Seattle relative to application for waiver of secondary treatment and preparation of same. MOTION: Councilman Malston moved, seconded by Councilman Bailie, that the Council authorize that the Public Works Director attend the work shop in Seattle relative to the City's application for waiver of secondary treatment. Motion passed by roll call vote with Councilman Bailie voting no. H-2: City Attorney (a) Serendipity - City Attorney Schlereth advised that the draft contract has been prepared and the document now includes that $40,000 allowing for bonding attorneys and financial advisers so that the City shall be covered. City Attorney Sehlereth advised that the contract has been sent on to Serendipity for their review. (b) (c) Cason and Thompson lease - trial setting conference was held and it was pointed out that Mr. Thompson's lease contains two lots but only one of the lot Ieasescontatns an "arbitration clause:' Therefore, the lease would require that the lessee obtain his own appraisal for submission. Mr. Schlereth advised that he would forward this information on to the Public Works Committee for inclusion in their discussions on the matter. ACI - .the City has been advised that the liquor license transfer is now in the process and will need proper signatures from the City Adminstration and Mayor. City Attorney Sohle~'eth requested Council approval so that the proper signatures may be implemented. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, for authorization of the Mayor, City Clerk and Acting City Manager/Finance Director to sign the liquor license transfer for Daddy's Money. Motion passed unanimously by roll call vote. City Attorney Schlereth stated that the new Iessee's will be advised of the status of the current court matter of Kenai Terminal Enterprises vs. City of Kenai. July 5, 1979 - Page 12 (d) H-3: H-4: H-§: H-6: H-7: H-8: Lockheed Constellation - purchaser Jerry ~eNamara called the City Attorney several days ago concerning removing the airplane. Mr. McNamara asked that as the plane has be,g-. moved back if it could remain in that position until Mr. McNamara returns to Kenat to physically removed the plane from the airport. Council concurred. Mayor None City Clerk City Clerk Sue Peter reported on the telephone poll conducted June 2$th for approval to authorize Frykholm Appraisal to proceed with an appraisal of the Mukluk Building at a cost of $750 to be charged to the Airport Land System. The voting was as follows: Councilmembers O'Reilly, Abet, Bailie, Gliek, and Seaman voting yes and Councilman Malston voting no as he felt the appraisal fee was excessive. Councilman Ambartan was out of the City. Councilwoman Glick suggested that in the future other appraisers be contacted and given the opportunity to submit a cost estimate to the City. Finance Director No report Planning & Zoning Councilwoman Glick advised that R. I~,'. Thorpe & Associates gave a lengthy presentation of work thus far on the Comprehensive Plan and the Planning Commission has requested that any suggested changes or recommendations from the Recreation and Harbor Commission. be directed through the Planning Commission. Borough Assembly Councilman Ambarian advised that among the items discussed was the bond proposition for the up-coming election in which the Kenai High School Auditorium will be among those items included. Councilman Ambarian advised that a work session will be held relative to this matter at 1 p .m., July 17th in the Borough Building. The reapportionment matter will hopefully be on the ballot in the Fall. An ordinance to be introduced at the next meeting will propose dividing the Borough into four districts and then divide each district into sub-districts (cities). Councilman Ambarian advised that there appeared there will still be three representatives from Kenai, however, there will be no appointments from the Council. Public Works Committee Councilman Ambarian reported that no meeting had been held since the last regular session of Council, however, Councilman Ambarian requested that his name be with- drawn from the Public Works Committee from Council. · July 5, 1979 ~ Page 13 H-9: tIarbor Commission Councilwoman Gliek reported that the Ilarbor Commission reviewed the proposal from Kenai Harbor Development Corporation. It was the consensus of the Harbor Commission that the Tidelands Ordinance should have been adopted by the Counctl prior to the IIarbor Commission's review of any applications. Thusly, they will spend some time in review of the Tidelands Ordinance in its proposed state to determine the procedures they should follow relative to applications and requests. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-l: Mrs. Ruby Coyle Mrs. Coyle inquired as to the status of house numbering within the City as some years ago, the City had expended monies to have a map prepared so that mail delivery could be implemented in some areas of the City. Public Works Director Keith Kornelis advised that his department was working with Glacier State Telephone Company to establish a street numbering system. EXECUTIVE SESSION Councilwoman Gliek moved, seconded by Councilman Bailie, that the City Council adjourn into an executive session for the purpose of discussing operational procedures and the letter received from former City Manager John Wise. Council also requested that the city Attorney and Acting City ~anager be in attendance. Motion passed unanimously by roll call vote. RECONVENE MOTION: Councilwoman Glick moved, seconded by Councilman ~alston, that after considering John ¥lise's letter of June 25, 1979, it is the concurrence of Council to let stand its reconsidered motion of June 20, 1979. Motion passed by roll call vote with Councilmembers Bailie and Seaman voting no. ADJOURNMENT There being no further business, Council adjourned at 11:45 p.m. Respectfully submitted, . . ,~' ,(/,. Sue a. Peter, Ci~ Clerk I enai Peninsula Community Orawer 3573 l(enai, Alaska 99gll 907-283-7635 June 23, 1979 The Honorable Vlncenf O'Rellly, Hayer, and l~nal City Council Henbers P.O. Box 530 Kenal, Alaska 99611 Care Center £ ° Dear Mr. Mayor and Kenal Cl,y Council Members: The Board of Directors of the Kenal Peninsula Co~.~unlty Care Center wish to respectfully request that you take action on our long-term lease appllcatlon (twenty-five years) for the ~roperty on Spruce Drive, whlch is the proposed bulldin~ site for. our new facility. The lot on which application was made December 29, 1978 Is'Tract 9, Parkview Subdivision, directly adjacent to the Cathollc Church property. Immediate plans call for construction this summer of two homes for flve youth each, one emergency shelter and one long-term group homo, plus a workshop and office. Carmen Olntoll, architect, Is In the process of completing the drawings to be bid In July. However, he cannot complete the drawlngs for bid until we have the property. ~o have obtained initial funding In fha amount of $259,O00 for the construction proJect. Please contact me If you have any questions. Your prompt action on this request ~ill he ~reatly appreciated. Respoctfu I ty, I Iie tlardy rector ..: O,,...:d.! 1 t,',,' J,~::c 7C, 19'72 City i'eneger u_u~ of P.e. 20:: 520 i:enei, Alss::~ 99611 Deer Kr. Wise: Tha~: you for your letter of June 8 toques%lng sp~ce in the Eenai Fine Arts Center for the 2irectcr cf Parks end .Recreztion. Psinting of the rocus behind the eft lest '::eel: ~nd ::~. Mc01l!ivr~y hs.s no,,.; moved into the buil¢'lng. ;':e b~l~-v~ this ~ ~,,--~-o · ....... r...~ ..... n~ :.:ill be very co~p3tible with the cultur~l groupr .?s well. os the /ri<rs ~nc'.' Recreat'."on D, ep~rti~¢nt. 'ihis move ,..'r.-s fscilit~tzd '~-.'ith very little expense to thc city. ~.~.int for the roor::a ,:..'ss ¢cn.."-te~ by D;..'.::in Cit~.on rnd i~bor ,:'ss pro¥i,fed wit'.-: :.;or::~rs paid for ty ;:.o::o..e.e .......... ,_.:::_,, ...... .... a.. D~e'_ ..~ L"org~:n. :%_ now ]:.-va e:.:'~orior p. sintno..,:'. ,,-':-~d,, .... .... .~ 'fEet , inc. ~'c-_ the outslfe of th~ Fin= Ar?s ~._n~,_, .... . ~,~.... ~:'.?t phr. se of the ,.:or.'-: nc.-.-t :-.'eel:, _:.~ ~ar::s end P. oclmetlon~u~,.:l ,-~-.c.,-o...,..., %-;!Ii ~,~.r~_. . .. e s>prr3to eh- %ri-nco on th~ e~st side of thc %uildi~]g. "~ ~ ~ ~ ...... tvzo .... ::.nd will ..c ...... ~--.7 ~..,iti: Leos, . ..t, ~0 Tho j~l~."i%' ~'.., :.~"~"'~',. ~- .... ~ :.'eom Alaska Sbte Cauncil on the Arts 619 Warehouse Avenuo, Suite220 e Anchorage, Alaska99501 · (907)279-1558 July 5, 1979 Prances Jones Kenat Arts & Humanities Council P0B 59 F,~nai, AK 99611 Dear Frances: At i~s recent meeting, the Alaska State Council on the Arts reviewed your application for assistance in renovating the arts center in your community. The Council was not able to fund your application. As you know, the renovation of buildings is a low Council priority and in the face of many more applications than could be funded, the Council simply could not allocate money for the project at this time. Please understand that the decision in no way reflects upon the merit of the project, and Council members sincerely hope that you will be able to complete the renovation of the building. If there is another way in whtch the ASCA can be of help to your group, please feel free to contact the Council's office. Best wishes for a successful year! Sincerely, Chaimen /tls ~rt~ & ~umanitie~ ¢::oun£il Ze,~r Cllsriic: ORDINANCE NO. 513-79 AN ORDINANCE OF TIlE COUNCIL OF TIlE CITY OF KENAI, ALASKA A~ENDING TIlE PERSONNEL REGULATIONS OF TIlE CITY OF KENAI BY ADDING A STEP "CC" TO TIlE CLASSIFIED SALARY SCHEDULE, WHEREAS, the highest stop on the classified salary schedule is currently "BB," and WHEREAS, without a "CC" stop, certain employee(s) of the City will be disallowed merit increases(s) which normally would be granted due to competent service, and WHEREAS, t~e Council qf the Citz of Kena% recqgni~qq that in the interest o~ morale ana acknowledgement or good pun£Lc service, such merit increases, if warranted, should be granted. NOW, TIIEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that Ordinance No. 503-79 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 classified salary schedule shall include a colu~---~tep CC as follows= Range 3 7 8 9 10 11 12 13 14 15 16 17 18 19 20 22 24 CC 615415 18748 19686 20 669 21 694 22771 23920 25 106 26 380 27 696 29 071 30526 32,053 33,~46 35,342 38,943 43,001 Ord. 513-79, Page 2 Furthermore, be it ordained by the Council of the 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 day of , 1979. VINCENT O'REILLY, ~YOR ATTEST: Sue C. Peter, City Clerk First Readinq~ July 5, 1979 -TABLED Second Reading: July 18, 1979 J CLASS/F1EI) SAI,ARY TAI}LI.i _lb%l~O~ A B C D E F AA BB ¢..~.~ 3 12,847 13,].68 13,489 13,810 14,13]. 14,452 14,773 15,094 7 15,620 16,011 16,402 16,793 17,184 17,575 17,966 18,357 8 16,406 16,816 17,226 17,636 18,046 18,456 18,866 19,276 9 17,221 17,652 18,083 18,514 18,945 19,376 19,807 20,238 10 18,078 18,530 ]8,982 19,434 19,886 20,338 20,790 21,242 11 18,979 19,453 19,927 20,401 20,875 21,349 21,823 22,297 12 19,936 20,434 20,932 21,430 21,928 22,426 22,924 23,422 13 20,922 21,445 21,968 22,491 23,014 23,537 24,060 24,583 14 21,980 22,530 23,080 23,630 24,].80 24,730 25,280 25,830 15 23,080 23,657 24,234 24,811 25,388 25,965 26,542 27,119 16 24,223 24,829 25,435 26,041 26,647 27,253 27,859 28,465 ].7 25,438 26,074 26,710 27,346 27~982 28,618 29,254 29,890 1~ 26,709 27,377 28,045 28,713 29,381 30,049 30,717 31,385 19 28,038 28,739 29,440 30,141 30,842 31,543 32,244 32,945 20 29,454 30,190 30,926 31,662 32,398 33,134 33,870 34,606 22 32,455 33,266 34,077 34,888 35,699 36,5].0 37,321 38,1.32 24 35,833 36,729 37,625 38,521 39,417 60,313 41,209 42,105 Ilourly rates are determined by dividing annual salary by number of hours in work year. ADDENDUM oo 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, Conununity and Regional Affairs): 1. Additional engineering services in the amount of $1,~63.~% for investigation and analysis of existing soil c~o~ on North Kenai Spur Water and Sewer, and Y 2. Additional engineering services in the amount of for investigation and analysis of existing soil conditions on Lawton Drive Water and Sewer. DATED this day of , 1979. $1,338.55 TED FORSI AND ASSOCIATES By: ' . / .. Ted J. Forsi', P.E. Principal CITY OF KENAI By: Charles A. Brown Acting City Manager Attest: DIVISION DF COMMUNITY PLANNIN~ MY $. HAMMOND, OOV£RNOR POUCH B JUNEAU, ALASKA ~811 July 3, 1979 Mr. Charles A. Brown Acting City Manager City of Kenai P.O. Box 580 Kenai, AK g9611 Dear Mr. Brown: In response to your June 7, 1979 inquiry, I am writing to advise you that this Department will have no objection to the City of Kenai amending its contract with Ted Forsi and Associates, Inc., to cover the additional preliminary engineering described in your letter. The Department assumes that the City will formally amend its contract with Forsi to avoid any later audit exceptions which might result from the phrase in your Forsi contract which reads, "such compensation shall not exceed $62,058." I have requested a progress payment of 90% of the amount specified in former City Manager John Wise's June 7 letter. /~I/~sincerely' James A. Anderegg Public Works Planner dAA:dm 21.P23LH Ted Forsi and Associates., Inc. 124 East Seventh Avenue Anchorage, Alaska 99501 (9071 274-9517 P.O. Box 2470 * Soldotna, Alaska 99669 * (907) 262-5531 City of Kenai // ~'.o. Box 580 ---/ Kenat, Alaska 99611 / Subject: CEIP Engineering Grant (North Kenai Spur and Lawt~,Driv,~ Respectfully submitted herewith is a request for payments for engineering services completed for the above noted projects. Thel services included investigation and analysis of existing soil condi along the subject projects in order to provide proper soils data for design purposes. Through verbal communications with the City of Kenai, it was indicated that adequate soils information was available. However, after an analysis of such data, it was felt that additional field data should be obtained due to the inadequacy of such existing information. This field work and analysis was completed from December 1 to December 11, 1978 utilizing the services of Denali Drilling of Anchorage and our own personnel for interpretation and analysis. A a,,m;nry of the time and costs involved in this work are attached for your information. This additional work was required for the designs. We would appreciate your review and approval for payment of this billing. TJF/cs Sincerely, TED FORSI & ASSOCIATES, INC. Principal .., Technical Services I. North Kenai Spur Water & Sewer A. Soils Investigations 1. Denali Drilling Inc., Services a) 5 1/2 Hrs. Drilling @ $115/hr b) 1 1/2 Hrs. Travel & Standby @ $52.50/hr c) 1 Hr. Move @ $60/Hr d) }lob & Demob. 10% Handling 2. Soils Engineering a) Stake Boring locations 2 Hfs @ $45/Hr b) Log Borings & Travel 7 Hfs @ $45/Hr c) Utilities Coordination 1 1/2 Hfs @ $45/Hr d) Plot Logs and Analysis 1 1/2 ars @ $45/Hr Sub-Total I = $632.50 $ 78.75 $ 60.00 $250.00 $1021.25 $ 102.10 $1123.35 $ 90.00 $315.00 $ 67.50 $ 67.50 $540.00~ $1663.35 II. Lawton Drive Water and Sewer A. Soils Investigations 1. Denali Drilling, Inc., Services a) 4 Hfs Drilling @ $115/Hr b) 1 1/2 Travel & Standy @ 52.50/Hr c) 1 Hr move @ $60/Hr d) Mob & Demob 10% Handling $460.00 $ 78.75 $ 60.00 $250.00 $8~8.75 _$ 84.80 $933.55~ 2. Soils Engineer a) Stake Locations 2 Hfs @ $45/Hr b) Log Borings & Travel 5 Hrs @ $45/Hr. c) U~ilities Coordination 1 Hr @ $45/Hr d) Plot Logs and Analysis 1 Hr @ $45/Hr Sub-Total II Total $ 90.00 $225. O0 $ 45.00 ~ 45.00 $405.00 $1338.55 30o .9o 022~, VENDOR Cop Shop ! BH Yukon Office Supply Notorol a Alaska ~ndustrtal Hardware Peninsula Auto Parks Noore Business Forms REQUISITIONS OVER $500.00 %VIIICll NEED C(~NC[I. APPROVAL ?118/79 DESCR! P'rlON DEI'AR'I~4ENT ACCOUNT Uniform Caps b Jackets Fire Typewriter Fire 2 Desk~/2 Chairs/2 File Cab(nets Fire 5 Chair Nets Fire 2 Portable Radios w/chargers Fire )ktut. Agreement/Collator Various on Copier Typewriter Co~munications Electric Hack Saw Shop Portable Air Compressor Shop Purchase Orders/ £nvelopes/ Finance Ledger Sheete AH¢)UNT Operating Supplies 1,348.62 Hachlnery & Equipment 810.00 Nachinery & Equipment 1,555.95 Office Supplies 266.25 PL~chinery & Equipment 3,461.00 Printing & Binding 3,900.00 Hachiuery & Equipmenu 710.OO ~mchinery & Equipment 1,221.85 ~achtnery & Equipment 614.70 Office Supplies 1,585.00 CITY OF KENAI ORDINANCE NO. 517-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI CODE RELATIVE TO THE DUMPING OR THE DISCHARGE OF SEPTIC MATERIAL INTO THE CITY SANITARY SEWER SYSTEM. WHEREAS, Sections 17.30.010 through 17.30.040 of the Kenai Code as amended (Ordinances 302, 382) prohibits the dumping or disposal of septic/cesspool material into the City sanitary sewer system except at certain designated locations under the supervision of the Public Works Director, and WHEREAS, this code provision should be updated to provide a stiffer fine for its enforcement and alternatively a civil penalty provision for its violation, and WHEREAS, this code section should further be revised to more specifically define those substances which should be prohibited from being discharged into the City sanitary sewer system, and WHEREAS, it is of grave importance to the public health and welfare that the City sanitary sewer system is working properly and efficiently. And in order for such a system to work properly and efficiently, strict standards should be maintained as to the proper sewage effluent that should be allowed to enter into the system, and WHEREAS, the unauthorized and unsupervised dumping or discharge by septic tank pumping trucks into the City's sanitary sewer system could cause serious damage to the system, its lift stations and otherwise cause the City to be in violation of Federal Environmental Protection Agency standards, and WHEREAS, in order to insure that such violations which could seriously damage the City's sanitary sewer system should not take place, a stiff penalty provision and civil penalty provision should be instituted. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Ordinances 302 and 382 are hereby repealed in their entirety and as codified in Sections 17.30.010 through and including 17.30.040 of the Kenai Code as amended. 17.30.010 PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO SANITARY SEWER SYSTEM; Definitions: 1. Sanitary sewer system means the sewer treatment plant facility of the City' of Kenai and includes all pipes, manholes, lift stations, holding tanks and entry ways of any kind through which material may flow into and through the sewer treatment plant facility. 2. Discharge means to dump, drop, release, insert or otherwise allow to enter into the sanitary sewer system any of the prohibited materials set forth below. 3. Septic material means the contents of any septic tank seepage disposal system containing the drainage from sinks and toilets and the like. 4. Cesspool material means the contents of any pit or receptical containing the drainage from sinks and toilets and the like. 5. Septic tank pumping vehicle means any vehicle used to carry septic or cesspool material. 17.30.020 Prohibited Substances: It shall ~e unlawful for any person to: 1. discharge or cause to be discharged any of the following described substances into the sanitary sewer system: (a) any surface water runoff; (b) any gasoline, benzene, naphtha, fuel oil, motor oil, mineral spirits, commercial solvent, or any flammable or explosive liquid; (c) any waters or wastes having a pH lower than 6.0 or higher than 9.0 at any time, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works; (d) any waters or wastes containing toxic or poisonous substance in concentrations such as to constitute a hazard to humans or animals or to interfere with any sewage treat- ment process or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, the following substances: 17-10 N-OTI CE PLEASE DISREGARD PREVIOUS IMAGE. DOCUMENT HAS BEEN REFILMED ON FOLLOWING FRAME, CITY OF KENAI ORDINANCE NO. 517-79 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE KENAI CODE RELATIVE TO THE DUMPING OR THE DISCHARGE OF SEPTIC MATERIAL INTO THE CITY SANITARY SEWER SYSTEM. WHEREAS, Sections 17.30.010 through 17.30.040 of the Kenai Code as amended (Ordinances 302, 382) prohibits the dumping or disposal of septic/cesspool material into the City sanitary sewer system except at certain designated locations under the supervision of the Public Works Director, and WHEREAS, this code provision should be updated to provide a stiffer fine for its enforcement and alternatively a civil penalty provision for its violation, and WHEREAS, this code section should further be revised to more specifically define those substances which should be prohibited from being discharged into the City sanitary sewer system, and WHEREAS, it is of grave importance to the public health and welfare that the City sanitary sewer system is working properly and efficiently. And in order for such a system to work properly and efficiently, strict standards should be maintained as to the proper sewage effluent that should be allowed to enter into the system, and WHEREAS, the unauthorized and unsupervised dumping or discharge by septic tank pumping trucks into the City's sanitary sewer system could cause serious damage to the system, its lift stations and otherwise cause the City to be in violation of Federal Environmental Protection Agency standards, and WHEREAS, in order to insure that such violations which could seriously damage the City's sanitary sewer system should not take place, a stiff penalty provision and civil penalty provision should be instituted. NOW, THEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: · Ordinances 302 and 382 are hereby repealed in their entirety and as codified in Sections 17.30.010 through and including 17.30.040 of the Kenai Code as amended. Ord. 517-79, page 2 Section 2~ A new Chapter in Title 17 entitled, "Prohibited Discharge of Certain Substances Into Sanitary Sewer System" is hereby adopted by the Council of the City of Kenai and shall be codified in the Kenai Code as amended in the form as attached hereto and made a part hereof. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 1st day of August, 1979. UINCENT O'REILLY, MAYOR Attest: Sue C. Peter, City Clerk First Reading: July 18, 1979 Second Reading: August 1, 1979 Effective Date: September 1, 1979 17.30~010 PROHIBITED DISCHARGE OF CERTAIN SUBSTANCES INTO SANITARY SEWER SYSTEM; Definitions: 1. Sanitary sewer system means the sewer treatment plant facility of the City of Kenai and includes all pipes, manholes, lift stations, holding tanks and entry ways of any kind through which material may flow into and through the sewer treatment plant facility. 2. Discharge means to dump, drop, release, insert or otherwise allow to enter into the sanitary sewer system any of the prohibited materials set forth below. 3. Septic material means the contents of any septic tank seepage disposal system containing the drainage from sinks and toilets and the like. 4. Cesspool material means the contents of any pit or receptical containing the drainage from sinks and toilets and the like. 5. Septic tank pumping vehicle means any vehicle used to carry septic or cesspool material. 17.30.020 Prohibited Substances: It shall ~e unlawful for any person to: 1. discharge or cause to be discharged any of the following described substances into the sanitary sewer system: (a) any surface water runoff; (b) any gasoline, benzene, naphtha, fuel oil, motor oil, mineral spirits, commercial solvent, or any flammable or explosive liquid; (c) any waters or wastes having a pH lower than 6.0 or higher than 9.0 at any time, or having any other corrosive property capable of causing damage or hazard to structures, equipment and personnel of the sewerage works; (d) any waters or wastes containing toxic or poisonous substance in concentrations such as to constitute a hazard to humans or animals or to interfere with any sewage treat- ment process or create any hazard in the receiving waters of the sewage treatment plant, including, but not limited to, the following substances: i7-10 Fixed Upper Limits for Constituents (Parts per million by weight) Cadmium 5.0 Chromium 3.0 Copper 3.0 Cyanide 0.0 Nickel 0.1 Silver 5.0 Tin 5.0 Zinc 3.0 Phenol 0.5 (e) any waters containing quantities of radioactive substances in excess of presently existing or subsequently accepted limits for drinking water as established by the National Committee on Radiation Protection and Measuring; (f) any water or wastes that may create a public nuisance, interference with the operation or maintenance of the sewerage system or interference with normal biological processes in the receiving waters, as may be determined by the Public Works Director; (g) any plastic bags; (h) any fish, animal or carcass or part thereof greater than 3 inches in diameter or 4 inches in length; (i) any glass, wood, metal or stones; (j) any item made of cloth or woven material; (k) any material including septic and cesspool wastes deposited from a septic tank pumping vehicle except as specifically permitted pursuant in section 040 below. It shall be unlawful for any person to: 2. cause to be admitted into the Kenai Sewer Utility system any waters or was~es having a suspended solids content in excess of 2000 parts per milliOn by weight. 3. interconnect or cause to be interconnected directly or indirectly any part of a sanitary sewer system with any part of a storm sewer system. 4. cause to be admitted into a sanitary sewer and waters or wastes whatsoever other than through an approved, permanent sewer extension, or at a sewage dump station or other location which has been specifically so designated by the Kenai Public Works Director. 17.30.030 Receiving Facility: The City shall establish a facility to accept septic cesspool materials which is free 17-11 from debris and other prohibited substances outlined in section 020 above and otherwise meets the biological effluent control standard as determined by the Public Works Director and the Federal Department of Environmental Protection. 17.30.040 Permitted Discharge of Septic Cesspool " Materials: Septic/cesspool material meeting the effluent standards as established by the Public Works Director (which shall not be less stringent than the standards established in the prohibitions set forth'in section 020 above) may be discharged into the sanitary sewer system from a septic tank pumping vehicle at a location specified by the Public Works Director upon the payment of a gallonage fee. The fee and quality standards are set forth below: 1. The City of Kenai Water and Sewer utility shall establish a holding tank for receiving bulk septic materials screened and free of all non-degradable materials. 2. Such holding tank, being limited to a total of 1,400 gallons at any given time, shall accept such septic materials Tuesday through Friday. Materials accepted shall be trickled on a continuous basis into the Plant for treat- ment. 3. B~lk septic materials may be directed to the Sewer Treatment Plant (STP) Tuesdays through Fridays between the hours of 8:30 a.m. through 11:30 a.m. and 1:00 through 4:00 p.m. Only the gallonage shall be received as the holding tank is capable of receiving. 4. The source of the bulk septic materials must be identified by name and parcel number at the time of delivery and payment of the fee. The form must be signed by property owner. The form is set forth as follows: PROPERTY OWNERS SEPTIC DUMPING FO~4 1. Date septic material picked up: 2. Pumping Company: 3. Property Owners Name: Property Owners Mailing Address: Property Owners Residence Address: 4. Parcel Number or Legal Property Description: 5. Size of septic tank (gallons) We hereby declare that to the best of our knowledge, the above septic material came from within the City limits of Kenai on the above described property. PROPERTY OWNER PUMPING COMPANY 5. The fee per acceptance of any quantity at any given time shall be $10 per property owner plus tax whether or not a full load can be accepted. 17-12 6. Each bulk material handler must equip his equipment with discharge hose screens or other suitable devices to insure that no material larger than 1/4" can be discharged into the holding tank. 7. It shall be the delivery personnel's.responsibility to stick the tank and determine the ability to discharge safety without overflowing. 8. The delivery personnel will pay the dumping fee and receive the go ahead from the STP operator BEFORE he starts to set up for dumping. After he has completed dumping and put away his hoses, he will check with the STP operator who will sign the permit slip, give the delivery personnel a copy, and check to make sure no spillage has occurred. 9. If spillage has occurred, if any non-degradable material has been put into the system, or if the system has been left plugged, the delivery person shall be subject to the penalties as established by sections 060 and/or 070 of the Kenai Code and the septic material handler may forfeit his right to discharge material in the future. 10. The delivery personnel are to discharge septic material under the direction of the STP operators. All delivery personnel are asked to cooperate completely with the operators and failure to do so can terminate their dumping privileges. 1!. If the bulk material handler and/or the property owner forges or in any way falsifies the property owner's septic dumping form (as required by paragraph 4), then in that event the bulk material handler and/or property owner will lose his right to utilize the dumping facilities. 12. The City of Kenai reserves the right to audit records of bulk septic materials operators on a periodic basis. 17.30.060 Penalty - Fine Imposition: Any person, firm or Corporation v~olating any provision of this chapter shall be subject to a fine in an amount not to exceed $500. Each discharge or dumping shall constitute a separate violation. 17.30.070 Civil Penalty: In addition to, or as an alternative to the penalty aforementioned, any person violating any provisions of this chapter shall be subject to a civil penalty of not more than $1,000. 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 immediate 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. 17.30.080 Discontinuance of Service: In addition to the penalties provided by law, violation of this chapter 17-13 code shall be sufficient cause for the Kenai Sewer Utility to discontinue sewer service to any property on which such a violation has originated. Criminal conviction or other judicial action is not a prerequisite to discontinuance of service. (Ords 302, 382, 518) 17-14 CITY OF KENAI ORDINANCE NO.~54~--7~-- AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI ESTABLISHING A SPECIAL REVENUE FUND ENTITLED "~}2;:AI SENIOR CITIZENS PROJECT FY 1979-80" BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF WHEREAS, the-==~_~"~ '~-~-'-~_~ has offered the City of Kenai a grant award of ~ ~~I~ of- WHEREAS, proper ~ooounting pr~otiee~ require thtt all approp- riations of Cit~ monies be made by or,in,nee. 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: Ge~al Fu~t-~ /~e' e~-~mated r~e~ // ' Special Revenue I~ase estimate~ revenues: · I RESOLUTION NO. 70-100 OF THE PUBLIC SAFETY BUILDING. WHEREAS, the following bids were received~ Bidder Bid Price Rogers Alaska Painting Co. Lou Sledge Painting and, $2,760 2,690 WHEREAS, the bid from Lou Sledge Painting was less than the bid from Rogers Alaska Painting Company. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the painting contract in the amount of $2,690 to Lou Sledge Painting be awarded. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1979. ATTEST: VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: c'~.~<' . CITY OF KENAI RESOLUTION NO. 79-101 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Animal Control-Operating Supplies ($150.00) To: Animal Control-Miscellaneous $150.00 This transfer is needed to provide additional funding necessary to encumber estimated laundry costs for fiscal year 1979-80. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1979. Attest: VINCENT O'REILLY, MAYOR ~Ue C. Peter, City Clerk Approved by Finance:~,6'~~ CITY OF KENAI RESOLUTION NO. 79-102 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ADASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: Contingency ($1,500) To: Fire-Repair & Maintenance $1,500 This transfer is needed to provide additional funds for covering the cost of painting the outside trim and apparatus doors of the Public Safety Building. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1979. ATTESTs VINCENT O'REILLY, MAYOR Sue C. Peter, City Clerk Approved by Finance: d'~-~ CITY OF KENAI RESOLUTION NO. 79-103 A RESOLUTION OF THE COUNCIL OF TtIE CITY OF KENAI, ALASKA RECOMMENDING THE REZONING OF TRACT B IN PARK VIEW SUBDIVISION. WHEREAS, the following lands have been subdivided by a plat entitled "Park View Subdivision," a copy of which is attached hereto which plat has not yet been officially approved, and WHEREAS, although City Council Resolution 78-142 recommends deferral of significant rezoning with the City until adoption of a comprehensive plan, the Council may make recommendations of changes where equitable factors require undelayed rezoning and where the spirit of the preliminary version of the comprehensive plan would not be violated, and WHEREAS, the City Council has determined that said Tract B of Park View Subdivision should be rezoned from conservation to urban residential and that such zoning change would be compatible and in line with similar uses in the area and in the spirit of the preliminary version of the comprehensive plan, and WHEREAS, such zoning change request shall be reviewed for approval by the comprehensive planners, and WHEREAS, the City intends to enter into a long-term lease of said lands with the Kenai Community Care Center for the construction thereon of two homes for the housing of no more than 5 residents each which future planned use will further be compatible with the surrounding land in the area. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that it recommends to the Kenai Peninsula Borough Assembly that Tract B of Park View Subdivision be rezoned from conservation to urban residential pending the approval of the plat of Park View Subdivision. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 18th day of July, 1979. ATTEST: Sue C. Peter, City Clerk VINCENT O'REILLY, MAYOR 124 East Seventh Avenue Anchorage, Alaska 99501 · (907) 274-9517 City of Kenai P.O. Box 580 Kenai, AK 99611 Summary of Work Completed -bT&TfJ41 NT Date July 3, 1979 Project No. 7908 Project Name Kenat Spur Waterline Tnspectton Billing for Peri~ ~u~e~ 1979 Bruce Robson, Civil Engineer 49.0 Hfs @ $45/Hr. / Rob Robson, Inspector 39.0 Hfs @ $35/Hr. / Travel/Per Diem Xerox Expense Film/Photo Processing ~Ltleage Total Due PAYABLE UPON RECEIPT: DELINQUENT AFTER 30 DAYS DELINOUENT BILL S SUBJECT TO I% PER MONTH CHARGE CITY MANAGER [~UBLTC WORKS I~CZTY CLERK $2205. O0 $136~. oo $ ~o.oo ./ $ 96.00 ~ $ 237.05 $ 6.87 $ 59.09 $ 138.75 C.IC t - . EDA Project rio. 07-51-20074 PERIODIC ESTIMATE FOR 'PARTIAL PAYMENT cc~#^c~ Renovation of~Ne, ll )louse~l_O_l_j_~e_na~J, Alaska .... Rockford Corporation P. O.'B0x 10-1706 ..... Anch_0ra.qe~ Alaska 9g_~.11 Pzmoo,c,s,,,^Tr,o. 1 (One) ,onPr,,oo._Rl~_l 11 t) 7g. 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT O~LY ' - ~n.;es mus[ be Jim;ted to ~o~k and costs un~e~ the o~i~;n~1 con.ac~ only. ;,- Columns (I) :hrou&h C~ ~n[er dJ[a s~wn in columns l, 2, 3, 8 and ~, res~tc:~veJy, on ~orm ~I p~cp~t~ by ~' ~n.octor. Columns (~)and (7). ~ow aU ~'ork completed m ~oweunder Column (8). ~nter lhe difference I~zs'een enrrles ;n columns (~) and (7). Column (9). ~ow pe~een:~a~Jo ~ column (7) ~o column (~ 1. Excavation and stte york L/S S 15,000.00 $ 3,000.0, $ lg,0~00 g. Re, va1 of old ~ulpment L/S g,s00.00 .. 3. Fur~tsh and Jnstall new pumps, pJpJng, and related concrete work L/S 67,600.0C 10,140.0~ S7,460.00 4. Furnish and install gratJng s~stem L/S 17,300.0C 6,g20.~ 10,380.00 S. Furnish and install addtLJon to p~p house L/S lg,100.0C -- 12,I00.0C 6. FurnJsh and Jns~11 electr~- ca1 work L/S ~,~0.0C S,700.0: 32,300.0C ~PU]~0~~ ~A~ I~ ... - ~ ~ ._ a , , e~~. ~ ,~'] .... ' agT*t_ ~ Or c~s~ cott,-qS Sl~9 ~. SCHEDULf~ OF CONTRACT CHAHC. E ORDERS AODITIOHS TOORIG,NAL ~ ' TOTALS ' 3.'A~ALYSI$ OF ADJUSTED CONTRACT AMOUNT TO DATE ~159.500. O0 .... 4. ANALYSIS OF WOR~ PERFORMED 32,885.00 (1) BALANCE DUE THIS PAY~IE~T ~9'S96-S0 5. CERTIFICATION OF CONTRACTOR Rockford (c..,,..,~,) ~-~ ~uglas ~rland 6. CERTIFICA?IO~ OF ARCHIT[C~ OR ENGINEER / JUL 1979 CITY OF KE~JA[ DATE June 30, 1979 City of Kenai Box 580 Kenai, Alaska 99611 INVOICE 298-1 BY ITEM ADDITION TO AI'TIMAL SHELTER per contract of May 18, 1979 QUANTITY L~mp sum RATE AMOUNT ~32,697.0 ..TREASURER x~-" TOTAL 697. O( 425 G Stme! Suite 770, Anchorage, Alaska 99501 Phone: (g07} 'Z79.6460 Telex: 090-26328 Cfty of Kenal P.O. Box 980 Ke.~ai, Alaska Attent'on: Keith Kornells Subject: ~.k~]fications to Sewage P~mp]ng Stations Dear Keith: We recommend approval of payment for the partial payment dated July 10, 197~. We also recommend that change order ~/1 be accepted subject to verification that labor costs were calculated as stated in section 17. C. of the general conditions of the contract documents. We further recommend that change order ~2 be accepted; note that the amount ~id to Cordova Construction will be deducted from Contractor's Equipment Corporation's contract to furnish ~aterials. If you have any' questions regarding this project, please contact us. Very truly yours, WINCE-COET~LL-BRYSOM & FREAS ~','i~lam L. Wilcox ce: Cordova Construction BOX 1041 KENAI.AL. ASKA 99611 PHONE; (El07) 283- 4~72 PERIODIC ESTIMATE FOR PARTIAL PAYMENT I. COST OF WORK COMPLETED TO DATE UNDER ORIGINA/ CONTRACT ONLY ' I".tra., must ~(* llmhed to ~ork and co,ts under the original c~tract unly. I~(.k .inJ ~'~t dahi flnd~'t chan~e ,.rdcr* ~s to ~ >lm~'n in Parr 2 of this form.) ( ,,]umlt~ fl J fhr,q~h (%). Fnfer d...t .~wfl ~fl columns l, 2. 3, 8 and 9, re~Fcti';rly, o. Form E I~II I p..parcd by ( olumfl~ (fl) ami (7). ( ,~lu~m (~. Fi.ct Ihe difference ~et~'een entries in column~ (~) ami (7). ( .4u~n oh. ~ho~' percent ta~lO ot column (7) [o c.lumn (~). 4 5 7 IO t ~i5~ . lo TOTALS ....... ! ..... J, ANALYSIS Of ADJUSTED CO/4TRACT AMOUfIT TO DATE ............ , .............................................. -/~. ,:~.~.__~ 4. ANALY$1~ OF ~RK PERFOk/ED ,, ~ ~,..,[ ...... ~ .,.,~ ~, ,, ...... ~ ~...~.., ................. ~.., ,.; ..... .~ .................. , ................................................ , ........................... S. CERTIFICATIO~ OF CO~TRACTOR ;.~-, ~___/,? ~. ,,,'~' ~,,:, ~__~./--~.-_.,c ........... 6. CEITZIrlCATIOH OF ARCHITECT OR ~:NGI#EER _ 7, PRE-PAYMFNT CERT ir CAT G:l OY FII~t.D E~aGINEER . . /r . -- t I.":..E.:J7 :~ ;.d ':' "'/':0 ,~:)'~;,~ Fi'/.F. (5) ~00 ;;::~,, il0 :.'.J..".:, ':'2J;..,.$ "~," T;IM::; .~-C/, :E,'] 'i'C: 7-;.~ ({',.:.~£e :f~ ¢..'-,n'~? ;-ti¢¢ due ~, {'~ ' ;,",;',.'V',.. ' ·., Tct~! ~,-c sc., '.¢ .~ ............. 'ro,,I ;,,r~..,' [.~x.~,~3:~.%~.~' ~; 5. n_ ,7£'-~ '~"" ........ ~'"'~'~' .......... ' .... I__-.7.:__~_'_~ 7 - _.. '5.__ "' lb'. s~r, ,-1 g ._. '-e.---,.0~':'" i~ i.,-r-~.}' (...' {, t ! · ) (,~y:..[}'-'(~.[ I'.('I') :' ~' :,'c'[ ~ ... ;~ ..:: r, . ,.,,~1 ,-'.' ..... ' ¢-.,.,,~¢, r,,~ ,., d,'~ ':,' :.h' "S--ZT.,~r ti...~ .... · '~1,~ t;'.t I: ' ~!' ! f" t'"' {1' ~"' ;" '~'<' ¢""'" ' s i~ t "t ~'~ r* !{ (!~.?~° .~..~K','.*'r{..e"'L'3.*'' ~'~ -- ;3- .... ~ "" ].;.': :-?.:,::Z L":.J.?':{ ..IU~IIIIC./.IIC,.I Ibl, ( fYJ ::., Iht l ,,licl-· 1- ~,~c ~.~cd? [_. J Yes LEASE OF AIRPORT LANDS OR I"ACILITIF. S THIS AGREEMENT, entered into this ___day of , 1979, by and between the CITY OF KENAI, a home-ruled municipal corporation of Alaska, hereinafter called "City," and THE HERTZ CORPORATION hereinafter called "Lessee." That the City, ip consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wit: -. Counter Space Number 15 (60 square feet}, 'f~rst floor, Kenat Municipal Airport Terminal Building, as dqscribed in that certain deed from the USA to the City of Kenai, filed in Book 27, Paoe.303, Kenai Recording District TERM: (a) The term of this Le~se is for one year~, commencing on the 1SI day of JULy , 19 79 · to the 30T~ day of ..... jUNE , 80 , at the annual rental of $ 712.80 pLUS T;%X · ~ (b) The term of this Lease may be exte~ Lessee ~ccessive periods of yea~Ls-~-~6h, by giving written not-r~t~_Lessor no--an six (6) months 'prior to the expiration ~ting term.- Each extended term shall be on the sam_9_Jaex~ and ~s provided in this Lease for t_.hg~A~Tl~al term. Lessee will n~tted to e~erm: Any t eNm shall terminate all rights of extension hereunder. PAYMENT: Subject to the terms of General Covenant No. 10 of this Lease, the rental specified herein shall be payable as follows: ~'~ (a) Right of entry and occupancy is authorized of the ~ , 19 ; and the be eomputed~from such date~e-~%~--------'~t the rate of $__ ~z~ay--f~z'-"---~ days, equa~ , (b) Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month there- after. (c) Rental for any period which is less than one (1) year shall be prorated based on thc rate of the last full year. (d) T~e rent specified herein is calculated as follows: 60 square feet at $ .99 per square foot per year, or $ 712.80 per year. PlUs TAX In addition to the rents specified above, subject to General Covenant No. 10, the Lessee agrees to pay to the City fees as hereinafter provtded= LEASE - Page 1 Revised 3/30/79 LESSEE:%j]~ LESSOR:~/~' (~) ~~mprovements now beuefiting pr~ amount 0£ ~-~.--_~ ~ · (b) Taxes pertaining to the leasehold interest of the Lessee. (c) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (d) Lessee agrees ~o pay all taxes and assess- ments levied in the future by the City of Kenat, as if Lessee was considered the legal owner of record of the Leased Property. (e) interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties on any amount of money owed under this ~ease which is not paid on pr before the date it ~ecomes due. (f) Additional charges ~s set forth in Schedule A, attached. ?he purpose for which this Lease is issued is: COUNTER SPACE & CAR RENTAL SPACE G~NERAL COVENANTS l. USES: Except as provided herein, any regular use of lands or faclI~ies without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USF~S NO? CON~MPLATED PROHIBITED: Solicitation of dona~ions or ~he promotion or operA~i'b~' of any part or kind of business or commercial enterprise, other than as specifically set~ forth herein, upon, in or above air~or~ lands, without the consent o£ the City is ~rohihtted. 3. ASSIGNM~N?: (Not for oolla~eral purposes) ~essee with City's ~rit~ea consent, which will not be unreason- ably denied, may assign, in whole or in part, 1ts rights as ~essee (~easehold Estate) hereunder except assignments for collateral purposes will be allowed pursuant ~o the provision of paragraph 33 herein. Any assignee (except asslgnee's for collateral purposes, which will conform to the p~ovtsions of Paragraph 33 instead of this paragraph) of part or all of the leased premises shall assume the duties and obligations of the ~essee as to the such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. SUBSIdiNg: Lessee,my sublet part or all o£ its interest in the leasehold premises without prior City approval, except ~hat ~essee agrees to send a copy of his executed sublease to the City within 10 days after i~s execution. In addition, all subleases are subject to the terms and conditions of the main lease, and no subletting shall affect the obligation of the Lessee to perform all of the covenants required to be performed by the Lessee herein. $. TREAT~N? OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any mater~al ~herefrom, without written permission of the City. At the expiration L~ASE - Page 2 ZNITIALS~ Revi~ed 3/30/79 LESSEE:_~__ LESSOR: ~/' . LEASE OF AIRPORT LANDS OR I"ACILITII';S THIS AGREEMENT, entered into this day of · 1979, by and between tile CITY OF KENA~, a home-ruled municipa'l corporation of Alaska, hereinafter called "City," and RAVEN TRANSIT. INC: ~ DOUG HAYN£~: l~OX 60~7: A~A~_ A~A~ q~502 hereinafter called "~ssee.'' ' ' That the City, i~ consideration of the payments of the rents and performance of all the covenants herein contained by the ~ssee, does hereby demise and leas~ to the ~ssee the following described property in the Kenai ~=ordinq District, State of Alaska~ to wit~ COUNTER SPACE N~BER 16 (60 SQUARE EEET), F~T FLOR, KE~I MUNICIP~ AIRPORT TE~I~L BUILDING, AS DESCRIBED IN T~Y ~ERTAIN DEED FR~ THE USA TO THE CITY OF KENAI, FILED IN BOOK 27, .PAGE 303, KERAI RECO~X~G DISTRICT (a) The term of thi~ ~ase is for 0N~ co~enufng on the I~T day of ~lfl ~ , 19~, to the day of ~UN; · 1~80 , at the annual rental , $?~2.80 . (b) The term of this ~ase ~y ~ extended by ~ss~e for successive perils of E~each, by gfvi~writ~otice to the ~ssor not~han six (6) months 'prior~o the e~piration ~f the then existing term. Each extended te~ sh~ll ~ on the sa~ tarms and c~ftfons as 9rovid~ fn this ~a~e for the initial te~. ~see will not be ~rmitted to extend th~ase beyond the ex%~ed te~. ~y te~ination of this ~ase ~ring the initia~e~ or during any extended ~ Subject to the te~s of ~eneral Covenan~ No. 10 of ~his ~ the rental specified herein shall ~ payable as follows, / ~ / (a) ~ght ~entry and ~cupancy is authorized of the ~ day of . ~ 19 ,' and the first rent shall ~ c~~o~ such date u~ti~30, , at the rate of $ / per day for days, equals $ now d~ (b) ~nual rent for the fiscal year beginn~ng July ~ and ending June 30 shall ~ payable ~n advance on or ~for~ the first day of July of each year. If the annual rent exceeds $2,400, then the ~se~ ~y opt a~ the ti~ of the execution hereof or at the ~ginning of each new ~ase year to pay =ent ~ual monthly ~ns~allmen~, payable ~n advance on or befo=e the firs~ day of July and on or before thu f~rst of each month there- after. (c) ~ntal for any pe~i~ which is less than (1) year shal~ ~ prorated ~sed on the rate of the last full year. (d) T~e rent specified her~in is calculated as follows~ 60 square feet at $ .99 per square foot ~r year, o~ f" ]lZ.80 ~r year. In addition to the rents s~cified a~ve, subject to ~neral Covenant No. i0, the ~ssee agrees to pay to the City fees as hereinafter provided: LEASE - Page 1 l~vised 3/30/79 INITIALS LESSOR: GENERAL COVENA~TS 1. USES~ Except as provkded herein, any regular use of lands or fac~-i~ies without the written consent of the City is prohibited. Thin prohibition nba11 not apply to uno of arean designated by the City for npecified public usen, such as pansenger terminaln, automobile parking arean, and 2. USES NOT CONTEF~PLATED PROHIBITED= Solicitation of donations or the promotion or operation of any part or kind of business or commercial enterprise, other than an specifio~lly set forth herein, upon, in or above airport lands, without the written consent Of the City in prohibited. 3. ASSIGNMENT~ (Not for collateral purposes) Lessee with City's written consent, which will not be unreason- ably denied, may assign, in whole or in part, itn rights an Lessee (Leasehold Estate) hereunder except assignments for collateral purposen will be allo~ed pursuant to the provision of paragraph 33 herein. Any assignee (except ansignee'n for collateral purponen, which will conform to the prov£nionn of Paragraph 33 instead of this paragraph) of part or all of the leaned premises shall assume the duties and obligations of the Lessee as to the such part Or all of the leaned preminen. No such asnignment, however, will discharge Lessee from its duties and obligations hereunder. 4. SUBLETTING: Lensee may sublet part or all of its interent in the leanehold prem£een without prior City approval, except that Lennee agrees to send a copy of his executed sublease to the City within 10 days after its execution. In addition, subleanes are nubJect to the terms and conditionn of the main lease, and no subletting shall affect the obligation of the Lessee to perform all of the covenantn required to be ~erfocmed by the Lesnee herein. 5. TREAT~.IENT OF DEMISE= The Lensee agrees to keep the premises clean and in good order at its own expenee, suffering no ntrip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration LEA~E - Page 2 ~NITIALS~/.~_/_/ ... Revised 3/30/79 LESSEE:/~'*W/./ LESSOR: (a) As~;essmentfl for public improvements now benefiting property in tho amoulJL Of $ · (b) Taxes pertaining to the leasuhold interest of the Lessee. (c) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (d) Lessee agrees ~o pay all taxes and assess- mon~s levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the Leased Property. (e) Interest. at the rate ~f eiqht percent (8%) per annum and ten percent (1~%) penaltien off any amount of money owed un, er thin Lease which is not paid on pr before the date it becomen due. (f) Additional charges ~e set forth in Schedule A, attached. · he purpose for which thin Lease is issued is; COU~UER SPACE FOR BUS~iO LIMOUSINE SERVICE LI~A:;E OF AIIIPORT LANDS OR FAC] LITI-r'-'S THIS AGREEMENT, entered into this day of , 1979, by and betwuen the CITY OF KI.'.NA~, a home-ruled ~untcipal corporation of Alaska, hereinafter cai]ed "City," and TESORO ALASKAN ,P, ETROLEUM ?RPORATION~ ~X 6~72~ ~CHORAGE, ALAS~ 9950~ ~ere~after called '~ssce. - ....... That the City, fp consideration of the payments of the rents and performance of all the covenants herein contained by the ~ssee, does hereby demise and lease to the ~ssee the following described property in the Kenai Recording District, State of Alaska~ to wit: OFFICE SPACE N~BER TEN (190 S~ARE' FEE~), FIRST FLOOR, TE~dINAL BUILDING, ~I )~NICIPAL AIRP~T, AS DESCRIBED IN T~T CERTAI~ D~ED FROM THE USA TO THE CITY OF ~NAI, FILED' IN ~OK 270, PAGE 303, KE)~I RECORDING DI'STRICT (a) The te~ of this ~as~ is for ~g years, cementing on the , ~T day of JULY , 19~, to the 30I~ day of J~N[ ' 1980 , at the annual rental of $ 1.960.80 PLU~ T~ - (b) The term of this ~ase ~y ~ extended by ~ssee for __ successive periods of years each, by giving written notice to the ~ssor not~ than six (6) months 'prior to the expiration of the then existing t~rm. Each extended term shall be on the same terms and conditions as provided in this ~ase for the initial te~. Lessee will not be ~itted to extend the ~ase ~yond the extended te~. ~y te~ination of this ~ase during the initial te~ or during any extended te~ shall terminate all rights of extension hereunder. PAY~T: Subject to the te~s of General Covenant No. 10 of this ~ase, the rental specified herein shall be payable as follows: ~ (a) ~ght of entry and occupancy is~r~zed as of the ~ m , 19 ~t rent shall ~ comp~fro~ su~ m ~. , at the rate of $ pe~da~h . (b) Annual rent for the fiscal year beginning July 1 and ending June 30 shall ~ payable in advance on or ~fore the first day of July of each year. If the annual rent exceeds $2,400, then the ~ssee ~y opt at the t~e of the execution hereof or at the ~ginning of each new ~a~ year to pay rent in ~ual monthly installments, payable in advance on or ~fore the first day of July and on or ~fore the first of each ~th there- after. (c) ~ntal for any period which is less than one (1) year shall be prorated based on the rate of the last full year. (d) T~e rent specified herein is calculated as follows: 190 _ square feet at $ a6 per square foot per year, or $ IqKoRo Pltl~ TaX ~r year. In addition to the rents specified a~ve, s~bject to ~neral Covenant No. I0, the ~ssee agrees to pay to the City fees as hereinafter provid~t ~vise~ 3/30/79 LESSEE: (b) Taxes pertaining to tho leasehold interest of the Lessee. (c) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. (d) Lessee agrees ~o pay all taxes and assess- ments levied in the future by the City of Kenai, as if Lessee was considered the legal owner of record of the Leased Property. (e) interest at the rate of eight percent (8%) per annum and ten percent (10%) penalties on any amount of money owed under this Lease which is not paid on pr before the date it becomes due. The purpose for which this Lease is issued OFFICE SPACE GENERAL COVENANTS 1. USES% Except as provided herein, any regular use of lands or fact~i~ies without the wxitten consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPL~.TED PROHIBITED= Solicitation of donations or the promotion or opera,ion of any part or kind of business or con~nercial enterprise, ether than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT= (Not for collateral purposes) Lessee with City's written consent, which will not be unreason- ably denied, may assign, in whole or in part, its rights as Lessee (Leasehold Estate) hereunder except assignments for collateral purposes will be allowed pursuant to the provision of paragraph 33 herein. Any assignee (except assiqnee's for collateral purposes, which will conform to the provisions of Paragraph 33 instead of this paragraph) of part or all of the leased premises shall assume the duties and obligations of the Lessee as to the such part or all of the leased premises. No such assignment, however, will 41scharge Lessee from its duties and obligations hereunder. 4. SUBLETTING: Lessee may sublet part or all of its interest in the l~asehold premises without prior City approval, except that Lessee agrees to send a copy of his executed sublease to the City within 10 days after its execution. In addition, all subleases are subject to the terms and conditions of the main lease, and no subletting shall affect the obligation of the Lessee to perform all of the covenants required to be performed by the Lessee herein. 5. TREATMENT OF DEMISE% The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration LEASE- Page2 INITIALS ' '.~..?' ...- Revised 3/30/79 LESSEE= ~" LESSOR: