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HomeMy WebLinkAbout1980-04-02 Council PacketCOUNCIL PACKETS t APRIL Kenai City Council Meeting Packet April 2, 1980 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 2, 1980 PLEDGE OF ALLEGIANCE A ROLL CALL AGENDA APPROVAL B PUBLIC HEARINGS 1. Ordinance 555-80 - Amending Title 4 of the Uniform Building Codes - Exit Facilities 2. Ordinance 556-80 - Amending Municipal Code - Reconsideration of an Action at the Same Meeting -`/ C PERSONS PRESENT SCHEDULED TO ERE HEARD 1. Roy Hayes - City Hall Building D MlNUTES '1 I. Corrected minutes of regular meeting of March 5, 1980 E CORRESPONDENCE 1. Chuck Crabaugh - 50% Cap on Leased Lands 2. CH2M Hill - Request Concerning Interceptor Line - Budget Dwrease i M lA r C 1-5 ftJOk vv 4 n F OLD BUSINESS 1. Lease Renewal. Airport Lands, Wometco, Lathrop Co. 2. Sub -Lease with AAI - Office Space, Jim Swalley 3. Vic Tyler - Airport Vending Machines G I NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified II 2. Requisitions Exceeding $1,000 3. Ordinance 557-80 - Establishing Capital Project Fund - Bidarka, Barnacle and Fidalgo Streets - $51,000 `� 4. Ordinance 558-80 - Amending Title 14, Street Numbering ---= 5. Ordinance 559-80 - Amending Municipal Code to Provide Authority -- to City Attorney to Correct Minor Errors in Code &#w 6. Resolution 80-45 - Obtain Secretarial Services in Support of Lobbying Effort ! t A 7. Resolution 80-46 - Transfer of Funds - City Clerk to Attend Mun- icipal Clerk's Seminar - $75 8. Resolution 80-47 - Transfer of Funds - Printing and Binding, Code - Update - $400 9. Resolution 80-48 - Transfer of Funds - Parks and Recreation Con- ference - $600 10. Resolution 80-49 - Transfer of Funds - Parks and Recreation, Pur- chase of Tools - $800 L/ U. Resolution 80-50 - Transfer of Funds - Repair and Maintenance of Recording Equipment - $300 12. Resolution W51 - Transfer of Funds - Attorney to Legislative Advertising - $300 i 13. Resolution 80-52 - Transfer of Funds - Security of Property - Correctional Personnel - $600 oj, , :, , 14. Resolution 80-53 - Awarding Bids for Senior Citizens Ceramic " Studio - $49,990 15. Lessors Consent to Assignment of Lease - Salamatof Seafoods to y Community Enterprise Development Corporation 16. Contract with Wince-Corthell, Bryson . & Freab - Airport irport Electric Work 17. CH2M Hill - Sewage Treatment Plant - $12,600 18. Carmen Gintoli - Architectural Services - City Hall - $18, 000 19. Games of Chance & Skill - Kenai Chamber of Commerce 04 510� t� rP: -t5 V7K14 o,11 1i REPORTS = 1. City Manager Q) 2. City Attorney 3. Mayor 4. Clerk 5. Finance Director 6. Planning & Zoning 7. Kenai Borough Assembly ,I S. Harbor Commission I PERSONS PRESENT NOT SCHEDULED. TO BE HEARD - •k-v ADJOURNMENT VV'.'Jr ¢ A 'i �•1 149 ,/may 5 p „ ��. a.t ,r.-• � e ^-� � •n .� � , r, s.j s iY s:_ r yr � _ ._ � _ i. �� T - � -� -i^• � 0 9 1 COUNCIL MEETING OF 4-2-80 f / GENEVA 'Awls is am ��i�ii��rei��tD/i�IN !MME i COUNCIL .MEETING OF 4-2-80 \ 1 is P Dun rAJEjj cr�c��o��� �icivrc�MAAAW a • r I CITY OF KENAI E ORDINANCE NO. 555-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA f AMENDING TITLE 4, UNIFORM BUILDING CODE OF THE KENAI MUNICIPAL CODE. f WHEREAS, the Uniform Building Code has recently been updated, and WHEREAS, the State of Alaska, Department of Public Safety is in the process of adopting certain sections of the 1979 Edition of the Uniform Building Code and are changing Section 1204, Exit Facilities. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Section 4.05.040 is hereby amended as follows: ' 04.05.040 Exit Facilities: Where windows are provided as a means of egress or rescue, they shall have a finished sill height not more than 48 inches above the floor." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd day of April, 1980. f VINCENT 01REILLY, MAYOR ` ATTEST: i f Janet Whelan, City Clerk i First Reading: March 19, 1980 Second Reading: April 2, 1980 Effective Date: May 2, 1980 -d - i r - .- CITY OF KENAI ORDINANCE NO. 556-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING SECTION 1.15.110 OF THE KENAI MUNICIPAL CODE TO ALLOW A MOTION FOR RECONSIDERATION OF AN ACTION AT ANY TIME AT THE SAME MEETING. i; i; WHEREAS, Robert's Rules of Order provides that a motion to reconsider can be made "on the same or the next succeeding day after the original vote was taken. and WHEREAS, the Kenai Municipal Code requires that a motion for reconsideration at the same meeting be made "immediately after the announcement of such vote, or at the next succeeding meeting," and WHEREAS, if reconsideration can be had at the next meeting, there is no reason to prohibit reconsideration at the same meeting at a later time after the vote was taken if something comes up to cause a member voting on the prevailing side to wish to reconsider the matter. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That Section 1.15.110 (7) be amended to read asks: 07. When a vote has been taken, any member who voted on the prevailing side may move a reconsideration thereof at j the same meeting [IMMEDIATELY AFTER THE ANNOUNCEMENT OF SUCH i VOTE,) or at the next succeeding meeting whenever motions are in order, provided that the subject matter has not passed out of the control of the Council." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd f day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: March 19, 1980 0 Second Reading: April 2, 1980 Effective Date: May 2, 1980 3 j KENAI CITY COUNCIL MARCH 5. 1980 Page 5 Mr. Gintoli said regarding the Community Care Center - the appraisal is $50,000, the lease is $3,000 a year. He requested the Council include the cement house in the lease, and the Care Center committee would move it to the site and make future renovations. There may be a problem with ownership. Mayor O'Reilly asked what does he want tonight. Mr. Gin - toll replied he would like the Council to look into the problem and would like to have an in -kind donation to the Care Center because of the Com- munity Center in return will pay back in leases. $1,500 in -kind donation. Mayor O'Reilly asked Councilman Mueller to add this request to the Real Estate Committee agenda. D MINUTES jj D-1 Minutes of Regular Meeting of February 20, 1980. I, Mechanical corrections were made by Councilwoman Glick. Minutes i were approved as corrected. ' E CORRESPONDENCE E-1 Letter from Tyler Distributing Councilman Ambarian suggested this letter be referred to the Real Estate Committee. Mayor O'Reilly asked Airport Manager Swalley to give the i� information to the Committee for discussion. F OLD BUSINESS I F-1 Election of Councilperson hMOTION: Councilman Malston moved, seconded by Councilwoman Glick, to nominate Jess Hall as Councilman. Motion was approved by unanimous consent of the Council. ---Mr. Hall was administered the Oath of Office. F-2 Notice of Rehearing on Selection of City Manager MOTION: Councilman Malston moved, seconded by Councilman Ambarian, to { move this to the end of Section G of the agenda. �I F# Motion was approved by unanimous consent of the Council. 0 13 0 KENAI CITY COUNCIL MARCH 5. 1980 Page 18 He further stated he would be going to Juneau April 14, there will also be a meeting of the Council of Mayors. The bond funding now is up to $13 Million to $14 Million. He asked for volunteers to go to Juneau. H-4 City Clerk None H-5 Finance Director Finance Director Brown said the budget requests have been returned. There should be a print-out tomorrow. The administration will try to make a balanced budget to submit to Council. Councilwoman Glick asked if he had looked into whether we could have an 8-8-1/2 mill levy. She said she believed he was aware of this. He said he had been approached, but v there was no way he could see that we could have it . There is a 10 0 increase in the budget. H-6 Planning a Zoning Commission Councilwoman Glick noted the conditional use permit for Union Oil. She said there is a renewed interest on the part of the Rainer Fund on Airport Way land. The FAA was reluctant to release land. Mr. Brown sent a letter, etc., to FAA and will get the ball rolling again. Mayor O'Reilly asked when will the comprehensive plan be introduced to the Borough. Councilwoman Glick replied March 18. An amended compre- hensive plan, but she understood the final plan would be as originally introduced. But one assembly member wants it published with amend- ments. The printing was stopped. It is not our annexation plan. The balance is toward outside areas on votes, but they should not look at this. The cities should not be penalized. The suggestion that the cities dispose of lands was not mentioned in the newspaper. Mayor O'Reilly said the ramifications of this are really ominous. If the Assembly starts using their power in an unreasonable way, they could destroy the com- mercial enterprise in the cities. Just because the balance of power has turned to the majority, the rights of the minority should not be trampled on. We should make a strong statement at the March 18 meeting. The City has stated we have no designs on the Borough, they have effectively called us liars. He said he thought we should make a strong statement at the March 18 meeting. Councilwoman Glick said many meetings were held, it was not done in an irresponsible manner. The Assembly mem- bers only want to hear what they want to hear. Mayor O'Reilly asked if the Council wants to make a statement. Council concurred. R '(;iNAIr -)9611 March 26, 19S0 City of Kenai Kenai City Council Kenai, Alaska REs Charles J. Crabaugh, Airport lease Iands. Property described ass Lot IA, Deshka Subdivision, Section 5, MV, T5N, Seward Meridan Gentlemens We have a lease agreemen". with the City of Kenai on the above described lands. We wish to make application for the 50%, cap provision as passed by the City Council by Ordinance #434-7R, to be applied to our present lease agreement. Sincerely. Charles J. Crabaugh I` "y . i INTRODUCED BY COUNCILMAN WHELAN ORDINANCE NO. 434-78 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 400-78 ESTABLISHING POLICIES AND PROCEDURES RELATIVE TO THE LEASE OF AIRPORT LANDS AS IT CONCERNS THE FIVE YEAR REDETER- MINATION PERIOD. WHEREAS, Ordinance No. 400-78 relative to establishing policies and procedures for the lease of airport lands was recently adopted by the Council of the City of Kenai, and WHEREAS, said ordinance revised the leasing policy of the City relative to airport lands so that City leases might be more attractive to potential lessees and thereby the financial position of the City, more particularly the City airport. would be enhanced, and WHEREAS, certain revisions in the leasing policy are needed so that the City's present lessees might take advantage of the provisions of this new ordinance, since it is the intent of the City Council that the ordinance apply to all lessees equally, and WHEREAS, in the past, the rents of certain leases were not redetermined at their normal five year intervals by virtue of the City's failure to redetermine the same, and WHEREAS, so as to allow for the 50% cap provision of the new leasing policy ordinance to apply as fairly as possible to all existing lessees and new lessees, it is desirable to amend the present ordinance in order to rectify the problems caused by those leases that have not been reevaluated in the last five year term while at the same time protecting the financial position of the City in obtaining a fair rate of return for its airport lands, NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF KENAI, ALASKA, as follows: Section 1: 21.05.080(4) is amended to read as follows: 4. Those leases existing at the time of the effective date of this ordinance in which the lease rate had not been redetermined at its previous five year interval, may be redetermined at their next five year period, utilizing the 50%cap provision of Section 21.05.080(2). on the basis of the 1877 property appraisal (gauged at 6% return) performed by the City on the lots in question. CH2M 1`HILL engineers 13lanners economists scientists Ilarch 26, 1980 K12720.A1 UAR C" OF MW IIEPT. OF QU«JC VMM Mr. Keith Kornelis, Director Department of Public Works City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Kornells: Re: Central Kenai Bypass Interceptor Engineering Budget Requests As identified in our Progress Report No. 11, we have determined that additional soils information is required before the Mission -Cook inter- ceptor can be advertised for construction bids. Additionally, as we have discussed by telephone and in person, a revision to the existing total gravity concept to a gravity/pressure/gravity concept will reduce the construction costs considerably. We have identified the estimated cost associated with the additional tasks in the following table. Tasks Labor Expenses 1. Additional Public Hearing for Interceptor Route change $1,400 $ 100 2. Soils Work 91000 6,000 o 350 - 500 LF of soil borings o Field work/Analysis 3. Additional Interceptor Design 7,000 1,500 o Change from total gravity to gravity/pressure/gravity o New pump station design o Electrical modifications to existing pump station TOTAL: $17,400 Anchorage Office 310 K Street, Anchorage, Alaska 99S01 907/279.6491 $7,600 /r Mr. Keith Kornelis City of Kenai March 26, 1980 K12720.A1 Page 2 The cost to the City of Kenai for the additional estimated $25,000 of work is $3,125. tie recommend that this work be authorized immediately so the soils work and additional design work can be started as soon as possible to better ensure that interceptor construction will be a 1980 project. Because of budgetary restrictions on EPA FY 1980 funds, Kenai should move quickly so that the Alaska Department of Environmental Convervation can commit the Step 3 funds for Kenai for 1980. These Step 3 funds cannot be committed until the drawings and specifications are in an approvable state as determined by the ADEC. We plan to meet with you and your Council on Wednesday, April 2, 1980, to further discuss this portion of the project. I suggest that this budget increase request be placed on the agenda for the April 2 meeting. Sincerely, Loren D. Leman, P.E. LDL:ngk cc: Charles Brown t` - - LEASE OF AIRPORT LANDS OR FACILITIES THIS AGREEMENT, entered into this 15 day of PF_ O__v 1980, by and between the CITY OF KENAi, City Hall, . O. Box 580, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City," and MOMETCO LATHROP COMPANY - 630 w. Fourth Avenue, Suite 201Anchorage, Alas a , hereinafter calle Lessee." That the City, in 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: Lots 1, 2, 3 and 4 of OLD AIRCRAFT APRON (Concession Area) at the Kenai Airport. TERM: (a) The term of this Lease is for 5 ' commencing on the 15 day of February, 19� , years, oathe 14 day of _February , , at the annual rental of $4.275.00 O (b) The term of this Lease mayA be extended.•*-- - ram. E-r.:r_�•.�....r. _ giving written notice to the Lessor not�ess than months prior to the expiration of the then exis erm. Each extended Ck/? term shall be on the same terms editions as provided in 1►�►s� this Lease for the init . Lessee will not be permitted to extend the Lea nd the extended term. Any termination of this !ring the initial term or during any extended term I PAYMENT: } as follows: —use rental specified herein shall be payable] 4 (a) Right of entry and occupancy is authorized as ' of the 15 day of February 19 80, and the first rent shall be computed from such date unt l June 30, 1980 , at the rate of $ 11.71 per day for 137 days, equals ST_,W.k7 now due. i1 (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 _..Nr,,...._�... �...._, 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 i (1) year shall be prorated based on the rate of the last full year. follows: (d) The rent specified herein is calculated as SEE EXIBIT A In addition to the rents specified above, �eb§eei. B9oj the Lessee agrees to pay to the 44t1L appropriate parties, levies, assessments.7j/ and charges as hereinafter provided: LEASE - Page 1 IRITIALS�,�,,_,` REVISED 1/21/80 LESSEES I•ESSOR:' 11 /, V (a) A.^,::easment.s for puLlic improvements now benefiting property in the amount of $ 0 r (b) Taxes pertaining to the leasehold interest of the Lessee. (e) 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 to 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. I (e) Interest.at the rate of eight percent (81) per annum and ten percent (10.) penalties on any amount of money owed under this Lease which is not paid on or before the date it becomes due. Additis 9 set: forth in Sehedule ea *2 The purpose for which this Lease is issued is: To rent building which exists on premises as a musical studio. However. Lessee may rent to another type of business establishment with the consent of the City eo!yd je • of Kenai who will not unreasonably deny request. GE%E,"M COVENANTS 1. USES: Except as provided herein, any regular use of lands or fac=ties without the written consent of the !j City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation ! of donations or the promotion or operation of any part or kind of business �1 E or commercial enterprise, other than as specifically set forth herein, upon, in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT: (Not for collateral purposes) Lessee with City's wr t�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 I:arein. j Any assignee (except assignee's for collateral purposes, which will conform to the provisions of Paragraph 33 instead of this paragraph) of part or all of the leased premises shall assume the duties and obligations of the Lessee as to the such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations f hereunder. 4. SUBLETTING: Lessee may sublet part or all of k its interest in the lease old 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 y Lessee to perform all of the covenants required to be performed by the Lessee herein. ;i 5. TREATMENT OF DEFtISE: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration LEASE - Page 2 INITIALS . Revised 3/30/79 LESSEE: LESSOR: C4,j� .. 1 r7F i X 1 of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. 8. DEFAULT - RIGHT OF ENTRY: Should default be made in the payment of any portion of the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall give Lessee thirty (30) days after such written notice to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, remove all persons therefrom. LAd for a term in excess of five (5) years, the amount of rents o -M fees specified herein shall, at the option of either party, subject to redetermination for increase or decrease based fair market value at intervals of five (5) years from the let ay of July preceding the effective date of this Lease. No in ease or decrease in the amount of rents or fees shall be effe ive, except upon ninety (90) days written notice. Fair 6 rket Value is defined as "the highest price estimated in term of money which a property will bring if exposed for sale the open market allowing a reasonable period of time to ind a purchaser who buys with knowledge of all the uses to wh h it is adapted and for which it is capable of being used.' At each five (5) year int al, the fair market value shall be determined by qualified ndependent appraisers. The redetermined lease rate, annual r t, under this provision shall be limited to a fifty (50%) cent increase in the prior lease rate until the 30th year a versary of the lease after which the 503 cap provision shal no longer apply and the lease rate shall be redetermined eve five years on the basis of fair market evaluation as indicat above. If the Cit• and Lessee are unable to agree on the appropriate rent redete *nation, if any, as above provided, on or before May 1st of t - year in which the rent shall be adjusted, City and Lessee shal jointly select an appraiser from the regular Alaska membership o the Society of Real Estate Appraisers or the American Institut of Real Estate Appraisers, or the successor body of either oup who has been properly designated M.A.I. or S.R.E.A., or S .P.A., or any future similar designation which denotes prof iency in the appraisal of commercial property and is recogniz d as such by either of the above two groups or their successor dies. The written report of the above selected apprais on the appraised fair market value of the Leased Property (using he aforesaid definitions and methods) shall be conclusive and ding on the City and Lessee for the purpose of adjusting th ental, unless either City or Lessee object to such appraised v ue. The cost of the appraisal report shall be shared equally V LEASE- Page 3 INITIALS., Revised 3/30/79 LESSEE: il.1'i1'1 LESSOR: tpT�d a as al,ove providrd, or either obj.:cts to the written report of appraiser as above provided, the City and lessee shall e• select an appraiser from either of the above groups holds any of the above -required designations. Either par may select the appraiser who was jointly selected as abov rovided and whose report ::as rejected. These two appra' rs shall select a third appraiser from either of the abo• groups and who holds any of the required designations. • appraised fair market value agreed upon in writing wo of these appraisers, or upon failure of any two�5�h.rr, he average value of the two appraisals closest to shall be conclusive and binding upon City and Less pose of adjusting the rental. Each party sha ay the fee of its selected appraiser and one-half the ice 10. LEASE UTILIZATION: Leased lands shall be utilized for purposes within -the scope of Q and _.__�herets) the terms of the Leaset� and in conformity with - with the ordinances of the City and Borough,, C and in substantial conformity -with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved and are leased on an "as is, where is" basis. 12. PROTECTION OF AIRCRAFT: No building or other permanent structure shall be place within fifty (50) feet of the property line fronting a landing strip, taxiway, or apron without the written approval of the City. This area shall be used for parking aircraft only. 13. OFFER TO LEASE ACCEPTANCE: The offer to—s' lease is made subject to applicable laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the lease to the City. 14. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are su 7ect to any and all of the covenants, terms or conditions contained in the instruments conveying title or other interests to the City. 15. RIGHT OF INSPECTION: City shall have the right of all reasonable times to entor the premises, or any part thereof, for the purposes of inspection. 16. INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay•all costs connected therewith. In this connection, the Lessee agrees to arrange and pay for all the following: (a) Public liability insurance protecting both the City and/or its agents and the Lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $250,000/5500,000/5100,000. LEASE - Page 4 INITIALS Revised 3/30/79 LESSEE: �l1/il LESSOR 0 53. UNU. iFUL USE PROHIRI^.ED: Lessee shall not allow the leasehold premises to be used for an unlawful purpose. 55. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of Leases does not relieve the Lessee of responsibil- ity of obtaining licenses or permits as may be required by duly authorized Borough. State or Federal agencies. $6. REASSIGNMENT/RELOCATION: Should it be neces- --sar to re -assign Lessee to a different area of the airport- _ termi'nal..the parties agree as follows: At least t ' £y (30) days t0d written not n advance of such reassig_nms , shall be provided /f l.7 to Lessee. The co f relocation, ding the costs of moving and setting up cou a elated facilities, shall be borne by the airport tern an , upon the agreement of the parties, be subtra rom the month due by Lessee to the Airport term' Should reassignment and re on be necessary, Lesse 1 be provided and afforded equivalent spa n terms th area and location, as that which it presently occup IN WITNESS UMEREOF, the parties hereto have here- unto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By. LESSEE: �'IU 4U L CI P LQ. j �}�', if /C-G� F.G'�-►Oo�' (If Lessee is a corporation) ATTEST: eff ��✓ IT 5tl e STATE OF ALASKA ) )Ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared CHARLES A. BROWN, Acting City Manager of the City of Kenai, known to be the person who executed the above Lease and acknowledged that he had the authority to sign the same, for the purposes stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day day of 19 Notary Public in and for Alaska My Commission Expires: 0 LEASE - Page 13 INITIALS REVISED 11/13/79 LESSEE: LESSCR: tgn n a - 1 1 CORPORATION ACKNOWLEDGMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared '_�LICL'�LFX and , known to me to be the persons and officers whose names are subscribed to the foregoing Lease, who being duly sworn, did say that they a e thellt;Resident and respectively, of fAl"10W LA'JNy'-GP Company, a corporation, anZ1 acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and the free act and deed of said corporation, for the purposes stated therein. GIVEN UNDER NY HAND AND SEAL OF OFFICE, this L day of Notary Pub and for Alaska My Commission Expires: INDIVIDUAL ACKNOWLEDGMENT(S) r I f I LESSEE STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) On this day of 19�, before me personally appeared — , known to be the person who executed a above Lease and acknowledged that he (she) had the authority to sign the same, for the purposes stated therein. Notary Public in and for Alaska My Commission Expires: ACKNOWLEDGEMENT FOR HUSBAND AND WIFE STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared and , husband and wife, 66TH known to be the persons whose names are subscribed to the foregoing Lease, and acknowledged to me that they executed the same as their free and voluntary act and deed, and for the purposes and considerations therein expressed. GIVEN UNDER NY HAND AND SEAL OF OFFICE, this day of , 19 Notary Public in and for Alaska My Commission Expires: LEASE - Page 14 INITIALS REVISED 11/13/79 LESSEE: LESSOR: e*.g I i ' 1 r1 G if ! i I t - t t; I - r. 1 i h. r Approved as to Lease form by City Attorney (Initials) Approved by Finance Director (Initials) Approved by City Manager cC (Initials) LEASE APPROVED 8Y City Council this _ day of 19_ City Clerk LEASE - Page 15 INITIALS REVISED 11/13/79 LESSEE:, LESSOR: &WgV P'7 EXHIBIT A i VALUE RATE RENTAL DESCRIPTION SQ. FT. PER FT. OF RETURN ANNUAL MONTHLY , Lot 1 7,500 $4.25 62 $1,912.50 $159.38 31d Aircraft Apron Lot 2 7,500 $2.75 6% $1,237.50 $103.12 31d Aircraft Apron Lot 3 7,500 $1.50 6% $ 675.00 $ 56.25 31d Aircraft Apron Lot 4 31d Aircraft Apron 7,500 $1.00 6% $ 450.00 $ 37.50 f ,275.00 $356.25 gPPRAISED FAIR MARKET VALUE FOR: '-ot 1, Old Aircraft Apron $31,875 '.ot 2, O1d.Aircraft Apron $20,625 lot 3, Old Aircraft Apron $11,250 EXHIBIT A FOR: WOMETCO LATHROP COMPANY k'=� 630 W. Fourth Avenue, Suite 201 Anchorage, Alaska 99501 _ot 4, Old Aircraft Apron $ 7,500 CITY OF KENAI P. 0. BOX 580 - Kenai, Alaska - PHONE 283-7535 f, 1 ; A A i l 1 1 5 - 1, ' t `I� • L i } r r�� •+.��. i r) N 0 SUBLEASE OF AIRPORT TERMINAL SPACE THIS AGREEMENT TO SUBLEASE is entered into this _,?,P��day of _( �. '°�:April; 1980, by and between ALASKA AERONAUTICAL INDUSTRIES, /7Qt INC., hereinafter called "Sublessor,' the Lessee under that certain lease from the City of Kenai dated November 16, 1977 and recorded in Book 117, at Page 657 of the Kenai Recording District, and CITY OF KENAI, hereinafter called 'City." The Sublessor, in consideration of the performance of all the covenants herein contained, hereby agrees to sublease back to the City a portion of the premises in the Kenai Municipal Airport, City of Kenai, Kenai Recording District, State of Alaska, subject to the above -described lease and more specif- ically described as follows: An area measuring 10 feet on each side in the form of a square (100 sq. ft.) in the corner formed by the west wall of the Airport Terminal Building and the glass partition shielding the ramp access door at the north end of the space previously leased to Sublessor. TERM: The term of this Sublease is for a period beginning today after its approval by the City Council of the City of Kenai and continuing until a date thirty (30) days after the removal of the City offices of the City of Kenai from the Airport Terminal Building or the termination of the above -described lease, whichever first occurs. PURPOSE: The purpose for which the above -described area subject to this Sublease is to be used is for an office for the Airport Operations Officer of the City of Kenai. CONSIDERATION: The consideration for the Sublease of the above- escz bed space shall be the reduction of 100 square .1 feet from the office space with janitorial services from the area on which rental payments are determined under the above -described lease and a subsequent reduction of rentals due City under the terms of the above -described lease. IN WITNESS WHEREOF, the parties hereto have executed this Sublease on the date stated in the acknowledgements below. SUBLESSOR: ALASKA AERONAUTICAL IIN�NDDU/USTRIES, INC,� Irouston D. Haynf,es z President STATE OF ALASKA ) )so THIRD JUDICIAL DISTRICT ) 1, /z*.eeh' On this-,f" day of Ags44-, 1980, before me personally appeared HOUSTON D. HAYNES known to be the person who executed the above Sublease and acknowledged that he had the authority to sign the same for the above named corporatin, for the purposes stated therein. Notary Publ C n anNotary n an ord ; My Commission Expires s 1 1W CITY OF KENAI i Bys Acting City Manager ACKNOWLEDGEMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this day of April, 1980, before me personally appeared KEITH KORNELIS, Acting City Manager of the City of Kenai, known to be the person who executed the above Sublease, and acknowledged that he had the authority to sign for the City, for the purposes stated therein. Notary Public in and for Alaska My Commission Expires: n I MAR 2 R 1QW TYLER DISTRIBUTING CO., INC. VENDING, NOVEL TY& WHOLESALE q BOX 96 KENAI, ALASKA 99611 ti March 27, 1980 Jim Swalley Airport Operations Manager City of Kenai Post Office Box 580 Kenai, Alaska 99611 Dear Mr. Swalley; As per your letter of March 24, 1980 concerning a vendor's contract, these contracts normally are of a three year duration with a two year renewable rider. Basically Tyler Distributing Company, Inc. as the Vendor, agrees to furnish and keep in operation, a bank of vending equipment to service the general public. In regard to rates, we have a standard commission, which is 10% of the gross sales on consumable items and 100 per pack for each pack of cigarettes vended. This commission is paid on a quarterly basis. Tyler Distributing Company, Inc. is looking forward to a long- term business relationship with the City of Kenai. If I can be of further assistance to you on this matter, please do not hesitate to contact me. Ve y-;truly y urs, Victor G. Tyler President VGT/g 0 -< «. � / ,--�►� - --- �� - _ , �_ w. _ � � .1 _ � � � mar -. �'1a _� THE FOLLOWING ITEMS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 4/2/80 .crown euavunt ULJu. rltM r1WJt1,!/U"AX1MMk wunt unnlu.z nnuunl r.u. - FOR APPROVAL Alaska Department of Labor 1,556.65 3rd Quarter ESC Various ESC 1,556.65 Bowan Distribution 1,236.88 Shop Supplies Shop Operating Supplies 852.32 11850 Shop Supplies Shop Operating Supplies 384.56 10963 Chevron 1,620.85 Gasoline Shop Operating Supplies 1,620.85 11884 Contractor's Equipment 1,772.92 Cyclo-Blower Repair STP Repair 6 Maintenance 1,772.92 11493 J Cop Shop 1,733.33 Jackets Police Operating Supplies 289.21 11529 Jackets 6 Caps Fire Operating Supplies 1,444.12 10198 Richard Garnett 2,407.06 February Legal Services City Attorney Professional Services 209.06 11929 February Legal Services City Attorney Professional Services 2,198.00 11930 Marathon Oil Company 8,091.49 February Natural Gas Trust 6 Agency In -Trust 8,091.49 Snap-On Tools 7,330.00 Engine Analyzer FRS -Shop Machinery 6 Equipment 7.350.00 11857 Union Oil Company 9,055.88 February Natural Gas Trust 6 Agency In -Trust 9,055.88 FOR RATIFICATION i City of Kenai-EDA Account 20,625.15 Transfer of Funds Central Treasury Transfer of Funds 20,625.15 Blue Cross of Alaska 8,661.70 March Insurance Premium Various Health Insurance 8,661.70 i City of Kenai-EDA Account 2,807.09 Transfer of Funds Central Treasury Transfer of Funds 2.807.09 Clary Insurance Agency 3,517.00 February Workmen's Comp. Various Wormen's Compensation 3,517.00 Alaska StateBank 200,000.00 Certificate of Deposit 3/18 TCD Central Tres sury 200,000.00 ' First National Bank 200,000.G0 Certificate of Deposit 3/27 TCD Central Treasury 200,000.00 11 - --- -- --.�-- - T- '--.�w- i REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 4/2/80 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT Peninsula Clarion City Administration Building Vote Legislative Advertising 920.00 Explanation of City Nall Funding Legislative Advertising 242.00 TOTAL PO 1,162.00 CITY OF KENAI •ORDINANCE NO. 557-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ESTABLISHING A CAPITAL PROJECT FUND ENTITLED "BIDARKA, BARNACLE WAY AND FIDALGO STREETS" AND INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN SUCH FUND BY $51,000. WHEREAS, engineering is needed for development of this area, and WHEREAS, the Council would like to see the engineering completed prior to July 1, 1980, and WHEREAS, this project is vital to the growth of airport lands, and WHEREAS, this project is vital for access to public facilities, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT: Section l: A Capital Project Fund entitled: "Bidarka, Barnacle Way and Fidalgo Streets" be established. Section 2: Estimated revenues and appropriations be increased as fo ow�� s: General Fund Increase Estimated Revenues: Contribution from Reserves for Capital Improvements $18,650 Increase Appropriations: Transfer to Capital Projects $18,650 Airport Land System Fund Increase Estimated Revenues: Contribution from Fund Balance $18,650 Increase Appropriations: Transfer to Capital Projects $18,650 Bidarka, Barnacle Way and Fidalgo Streets Capital Project Fund Increase Estimated Revenues: Transfer from General Fund $18,650 Transfer from Airport Land System Fund 18,650 1974 Refunded Bonds (Streets) 13,700 $51,000 0 N zir Ordinance No. 557-80 Page 2 Increase Appropriations: Administration $ 11000 Engineering 50,000 $51,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA the 16th day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: ` First Reading: April 2, 1980 Second Reading: April 16, 1980 Effective Date: April 16, 1980 n 0 CITY OF KENAI ORDINANCE NO. 558-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING TITLE 14, PLANNING AND ZONING, OF THE KENAI MUNICIPAL CODE TO ESTABLISH A UNIFORM SYSTEM FOR NAMING STREETS. WHEREAS, the Public Works Department has determined that there are many inconsistencies in the street naming, and WHEREAS, these inconsistencies lead to inconvenience for the public and contribute to confusion for emergency services such as Fire, Police and ambulance, and WHEREAS, modification of this ordinance will eliminate many of these inconsistencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: Section 14.15.050 is hereby repealed. Section 2: Section 14.15.010 is hereby amended to read as follows: 14.15.010 NUMBERING BUILDINGS; Uniform Numbering System: There is hereby established a uniform system for numbering buildings fronting on all streets, avenues and public ways in the City of Kenai, and all houses, commerical buildings and other buildings or structures shall be num- bered in accordance with the provisions of this Code: 1. All streets and other public ways running in the same direction and having a deviation of not more than 165 feet shall carry the same name unless special circumstances make such a plan impracticable or not feasible. 2. All streets and other public ways shall be named [IN ACCORDANCE WITH APPENDIX "A" OF THIS SECTION AND] as follows: (a) All through east and west streets shall carry the designation "avenue [STREET]," and all through or potentially through north ana—s-5-51EN streets shall carry the designation "street [AVENUE[." (b) [ANY THRUWAY WHICH CURVES IN AN IRREGULAR PATTERN TO AN EXTENT THAT ITS EAST -WEST OR NORTH - SOUTH DIRECTION IS CHANGED SHALL BE DESIGNATED AS HIGHWAY OR ROAD. (c) ANY STREET OR PUBLIC WAY LESS THAN 3,000 FEET IN LENGTH IN CURVILINEAR SUBDIVISIONS WHICH DO NOT MEET THE THRUWAY REQUIREMENTS NORMALLY CONFERRED ON AVENUES, STREETS OR HIGHWAYS SHALL BE NAMED AS INDICATED IN DIAGRAM "APPENDIX A" AS "COURT," "LANE," "CIRCLE," "PLACE," "DRIVE" AND "WAY." Ordinance No. 558-80 Page 2 (d) A PUBLIC WAY OF LESS THAN 25 FEET WIDE MAY BE NAMED "WALK." (e)] No street established or named after adoption of this system shall bear a name in language in conflict with suffixes required herein. (c) All subdivision plats shall be submitted to the Public Works Director for review and approval prior to final approval by the Planning & Zoning Commission. (KC 14-60; Ords 200, 558) PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. -�� VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: April 2, 1980 Second Reading: April 16, 1980 Effective Date: May 16, 1980 CITY OF KENAI ORDINANCE NO. 559-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TO AMEND SECTION 10.15.050 OF THE KENAI MUNICIPAL CODE TO PROVIDE AUTHORITY TO AUTHORIZE REVISIONS TO KEEP THE CODE CURRENT AND TO CORRECT MINOR ERRORS THEREIN ACID TO ALLOW CHANGES TO CORRECT NUMBERING, SECTION TITLES, AND MINOR ERRORS WHICH DO NOT MODIFY THE INTENT OF ORDINANCES PASSED. WHEREAS, minor errors of spelling, grammer, typographical nature, numbering, titles, chapters, and sections, have been made in preparation of the Kenai Municipal Code of ordinances, and will undoubtedly be made in ordinances amending said Code, and WHEREAS, it is desirable to give authority to the City Attorney or other Revisor to correct such errors without making any change of the intent of the ordinances in order to make the Code more uniform, more understandable, and easier to use, without the necessity of going through the ordinance procedure to make such minor corrections, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That the City of Kenai Code of Ordinances is hereby amended by repealing and re-enacting Section 10.15.050 to read as follows: 10.15.050 Appointment and Authority of Revisor: (a) The City Attorneydes gnated as Revisor of ordinances and may act either in person or by delegating authority contained herein to another, and where "Revisor" is used herein, it will apply either to the City Attorney or his delegate. (b) In the case of additions to this Code or amendments to, or repeal of, any provisions of this Code by subsequent ordinances, the Revisor shall prepare new pages of the Code to be placed in the proper order to show such added provisions, to replace the amended provisions with the new provisions as amended, and to omit the repealed provisions. (c) The Revisor of ordinances shall revise for consolidation in the Kenai Municipal Code all ordinances of a permanent and general nature enacted by the Council. (d) The Revisor shall edit and revise the ordinances for consolidation without changing the meaning of any ordinance in the following manner: 0 Ordinance No. 559-80, Page 2 (1) renumber sections, parts of sections, chapters, and titles; (2) change, delete, or provide new titles for sections, chapters, and titles; (3) change capitalization for the purpose of uniformity; (4) substitute the proper designation for the terms "the preceding section," "this ordinance" and like terms; (5) substitute the proper calendar date for "effective date of this act," "date of passage of this act," and other phrases of similar import; (6) strike out figures if they are merely a repetition of -written words or vice versa, or substitute figures for written words or vice versa for the purpose of uniformity; (7) correct manifest errors which are clerical or typographical, errors in spelling ur grammar, or errors by way of additions or omissions; (8) correct manifest errors in reference to laws, regulations, ordinances, or other sections of this Code. (9) rearrange sections, combine sections or parts of sections with other sections or parts of sections, divide long sections into two or more sections, and rearrange the order of sections to conform to a logical arrangement of subject matter as may most generally be followed in the Kenai Municipal Code. (10) change all sections, when possible, to read in the present tense, indicative mood, active voice, third person, and singular number, or any other necessary grammatical change in the manner generally followed in the•Kenai Municipal Code. (11) delete or change sections or parts of sections if a deletion or change is necessary because of ordinance amendments which did not specifically amend or repeal them; (12) omit all temporary laws, all titles to acts, all enacting and repealing clauses, all declarations of emergency, and all purpose, validity, and construction clauses unless, from their nature, it may be necessary to retain some of them to preserve the full meaning and intent of the ordinances. - - I Ordinance No. 559-80, Page 3 _I PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: April 2, 1980 Second Reading: April 16, 1980 Effective Date: May 16, 1980 s �1 .0 CITY OF KENAI RESOLUTION NO. 80-45 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING, AND PROVIDING FUNDS FOR, OBTAINING SECRETARIAL SERVICES IN SUPPORT OF A LOBBYING EFFORT TO OBTAIN STATE OF ALASKA FUNDING FOR CERTAIN CAPITAL IMPROVEMENTS. WHEREAS, the Council of the City of Kenai, Alaska, has approved certain capital improvements that have been submitted to the State for funding, and WHEREAS, the Council deems that an effort will have to be made on the part of Council persons and other knowledgeable individuals to secure such funding, and WHEREAS, the Council believes that the Mayor should be primarily responsible for coordinating this lobbying effort, and WHEREAS, there will be a need of secretarial support services to aid in these efforts, and WHEREAS, the Mayor has expressed a willingness to accept this responsibility and to devote the required time. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT: Section 1: The following transfers of monies be made in the 1979-80 General Fund Budget: From: City Manager -Salaries ($6,000) Legislative -Office Supplies $ 400— ' Legislative -Communications 2,000 &tAin Legislative -Professional Services 3,600--- �, N 6 000 I 9 i esolution No. 80-45 age 2 Section 2: The Mayor of the City of Kenai is hereby equested to coordinate an effort to obtain State of Alaska unding for capital improvements. Section 3: The Mayor is authorized to obtain secretarial ervices in support of this effort. These secretarial ervices may either be on a contract basis with an individual r firmorttmparary-,-past ASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 2nd ay of April, 1980. VINCENT O-REILLY, MAYOR TTEST: anet Whelan, City Clerk pproved by Finance: _- CITY OF KENAI RESOLUTION Mn 80-46 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: j From: City Clerk - Transportation ($75) To: - —i City Clerk - Miscellaneous $75 This transfer is needed to allow the City Clerk to register for a Municipal Clerk's Seminar in Anchorage on April 7-11. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 2nd DAY OF APRIL, 1980. VINCENT O REILLY, MAYOR CITY OF KENAI RESOLUTION NO. 80-47 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: City Attorney -Communications ($400) To: City Attorney -Printing and Binding $400 This transfer is needed to pay for the supplement, which has been printed, to the Kenai Code. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: i Janet Whelan, City Clerk Approved by Finance CITY OF KENAI RESOLUTION NO. 80-48 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: Parks -Salaries ($600) TO: Parks -Transportation $600 is This transfer is needed to allow the Parks and Recreation Director to attend the National Recreation and Parks Association Northwest Regional Conference in Vancouver, British Columbia on May 9-13, 1980. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: ile CITY OF KENAI RESOLUTION NO. 80-49 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: Parks -Repair & Maintenance Supplies ($800) To: Parks -Small Tools and Minor Equipment $800 This transfer is needed to purchase a wheelbarrow, chain saw and weed cutter combination, hand tools, socket wrenches, and a step ladder. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk i Approved by Finance: CITY OF KENAI RESOLUTION NO. 80-50 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: City Clerk - Transportation ($300) To: City Clerk - Repair & Maintenance $300 This transfer is needed to provide monies for repair and maintenance of recording equipment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance:_,, i • 7 . .J% J t A 1 CITY OF KENAI RESOLUTION NO. 80-51 t 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: City Attorney -Advertising ($300) To: Legislative -Advertising $300 This transfer is needed to provide additional monies for advertising costs. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: s JANET WHELAN, CITY CLERK Approved by Finance:, ..1 CITY OF KENAI RESOLUTION NO. 80-52 BE IT RESOLVED by the Council of the City of Kenai, Alaska that the following transfer of monies be made in the 1979-80 Jail Fund Budget: From: Operating Supplies ($600) To: Buildings $600 --- This transfer is needed to provide security of property and personal belongings of correctional personnel. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980 VINCENT O'REILLY, MAYOR i - ATTEST: Janet Whelan, City Clerk Approved by Finance Director 4 i IH .rr ' Y I • �t i FI I I I 1 I i 0 CITY OF KENAI RESOLUTION NO. 80-53 n A RESOLUTION BY THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING THE DEDUCTIVE ALTERNATES TO THE BID PRICE FOR CERAMICS STUDIO ADDITION, SENIOR CITIZEN'S CENTER, FORT KENAY, WAIVING BOND REQUIREMENTS, AND AWARDING THE CONSTRUCTION CONTRACT TO TIMBERLINE INDUSTRIES, INC. WHEREAS, sealed competitive bids for the Construction of Ceramics Studio Addition to the Senior Citizen's Center, Fort Kenay have been received as follows: Company Bid Price Add. Altern. 1 Add. Altern. 2 Albrecht Builders $63,200 $ 7,225 $ 8,145 Timberline, Ind. $56,666 $ 3,957 $ 4,857 Blazy Construction $61,668 $13,915 $13,915 WHEREAS, Timberline Industries, Inc. has submitted the lowest bid, and WHEREAS, Timberline Industries, Inc. has performed faithfully on past construction projects for the City of Kenai, and WHEREAS, it is in the best interest of the City of Kenai to negotiate a lower fee by accepting certain Deductive Alternates and waiving bonding requirements as allowed by the contract -- documents. NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI ALASKA, that: 1. Timberline Industries, Inc. is waived from securing Performance and Labor and Material Payment Bonds for the construction of the Ceramics Studio Addition, Senior Citizen's Center, Fort Kenay. 2. Timberline Industries, Inc. is hereby awarded the Contract for construction of the Ceramics Studio Addition, Senior Citizen'-s Center, Fort Kenay, as described in the Contract 'documents similarly titled, minus the Deductive Alternates listed on the attached page, for the total amount of $49,990. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. ATTEST: N T 0' EILL , MAYOR Janet Whelan, City -Clerk Exhibit A CERAMICS STUDIO ADDITION SENIOR CITIZEN'S CENTER, FORT KENAY Deductive Alternates Deductive Alternate No. 1 Delete sidewalk,and concrete patio and provide 4' x 4' concrete slab at the two entry locations. Deductive Alternate No. 2 Substitute equivalent standard surface -mounted flourescent fixtures for pendant -mounted fixtures specified. Deductive Alternate No. 3 Delete plastic laminate from interior of cabinets. Deductive Alternate No. 4 Delete concrete footing; provide All Weather Wood Foundation system. Deductive Alternate No. 5 Delete sheet vinyl from storage area on second floor. Deductive Alternate No. 6 Delete earthwork by contractor. Deductive Alternate No. 7 Delete painting of exterior building. Deductive Alternate No. 8 Delete fence removal and re -installation for access. e l '4A. GA I LESSOR'S CONSENT TO ASSIGNMENT OF LEASE The Lessor, in that certain Lease dated March 15, 1978 by and between City of Kenai, a home -rule municipal corporation of Alaska as Lessor, and by and between SAI.AMATOF SEAFOODS, INC., f) an Alaska Corporation, as Lessee, concerning certain business { premises located at: } Description of Premises described on t Schedule attached hereto t hereby consents to the Second Assignment by said Lessee of all I its right, title and interest in and to said Lease to the COMMUNITY ENTERPRISE DEVELOPMENT CORPORATION, as partial security for a loan made to said Lessee, provided, however, that so long as COMMUNITY ENTERPRISE DEVELOPMENT CORPORATION has not entered into possession of the premises covered by said Lease for the purpose of operating a business, it shall not be liable for rent or any other obligations of said Lessee, and said Lessee shall remain liable for rent and all such other obligations, and in the event of any default under subject lease, said Lessor hereby j agrees not to terminate the Lease or take any action to enforce !,any claim with respect thereto without giving COMMUNITY ENTERPRISE DEVELOPMENT CORPORATION at least thirty (30) days prior written ',notice thereof. and the right to cure such default within said period. •+ This Consent is given by the City of Kenai without waiving I: 'any right or action, or releasing the Assignor from any lia- bility or responsibility under the aforementioned Lease, and :'does not relieve the Assignee from the condition requiring the ,` City approval for any subsequent sublease or assignment. DATED this day of March, 1980. i CITY OF KENAI I' BY: 'I i� I � f ..t I l I y. ti i � I I s� I i STATE OF ALASKA ) THIRD JUDICIAL DISTRICT jll On this day of March, 1980, before me personally p appeared KEITH RORNELIUS, of the City of Kenai, known to be the person who executed the above instrument, and acknowledged that 9 1 he had the authority to sign, for the purposes stated herein. ' I I NOTARY PUBLIC FOR ALASKA i Commission expires: #� { I j - I �1 I — tt M - AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this day of , 1980, by and between the CITY OF KENAI, Alaska, ere na ter referred to as the OWNER, and ENGINEERING CONSULTANTS OF ALASKA, A Professional Corporation, d/b/a Wince-Corthell-Bryson and Freas, hereinafter referred to as the ENGINEER: the OWNER intends to construct certain improvements to the Kenai Municipal Airport, consisting of: (1) replacement of the airport standby electrical power plant and related switching equipment; (2) a building to house the power plant and airport electrical equipment; (3) relocation of certain electrical equipment from present locations into the new building; (4) new electrical conductors, switching equipment, transformers and other items required to connect the new power plant to existing power systems and airport electrical loads; (5) underground lighting cables and conduits serving taxiway lights; (6) necessary demolition and/or removal of facilities and equipment to be replaced, (7) replacement of existing or addition of new runway lighting intensity control. The ENGINEER agrees to engage the services of Arctic Consulting Engineers and to perform the various professional engineering services required for the design of said improvements, hereinafter referred to as the "Project." WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will, in conference with the OWNER and the Federal Aviation Administration, establish the complete scope of the work based on the available funds and the priorities established by the OWNER. The ENGINEER will participate in conferences with the OWNER and concerned agencies relative to the project. 2. The ENGINEER will prepare the final Grant Application for the City to submit to FAA. 3. The ENGINEER will perform the necessary surveys to determine the contours, clearances, locations and dimensions of all land features and structures which pertain to or affect the design of the projects. The ENGINEER will locate and/or establish temporary and permanent survey control markers, both horizontal and vertical, adequate to locate the projects with respect to property boundaries and existing survey control points and datum. 4. The ENGINEER will make necessary arrangements for required test borings and will supervise the making of said borings. 5. The ENGINEER will prepare preliminary construction plans and cost estimates, and design reports, and furnish five copies to the OWNER. The OWNER shall complete his review of these items and forward his instructions to the ENGINEER within 10 calendar days after submittal. If there are significant changes the OWNER may instruct the ENGINEER to resubmit the preliminary plans for the OWNER to review, in which case completion herein will be extended by 12 days. 1 AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this day of , 1980, by and between the CITY OF KENAI, Alaska, ere na ter referred to as the OWNER, and ENGINEERING CONSULTANTS OF ALASKA, A Professional Corporation, d/b/a Wince-Corthell-Bryson and Freas, hereinafter referred to as the ENGINEER: the OWNER intends to construct certain improvements to the Kenai Municipal Airport, consisting of: (1) replacement of the airport standby electrical power plant and related switching equipment; (2) a building to house the power plant and airport electrical equipment; (3) relocation of certain electrical equipment from present locations into the new building; (4) new electrical conductors, switching equipment, transformers and other items required to connect the new power plant to existing power systems and airport electrical loads; (5) underground lighting cables and conduits serving taxiway lights; (6) necessary demolition and/or removal of facilities and equipment to be replaced, (7) replacement of existing or addition of new runway lighting intensity control. The ENGINEER agrees to engage the services of Arctic Consulting Engineers and to perform the various professional engineering services required for the design of said improvements, hereinafter referred to as the "Project." WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1. The ENGINEER will, in conference with the OWNER and the Federal Aviation Administration, establish the complete scope of the work based on the available funds and the priorities established by the OWNER. The ENGINEER will participate in conferences with the OWNER and concerned agencies relative to the project. 2. The ENGINEER will prepare the final Grant Application for the City to submit to FAA. 3. The ENGINEER will perform the necessary surveys to determine the contours, clearances, locations and dimensions of all land features and structures which pertain to or affect the design of the projects. The ENGINEER will locate and/or establish temporary and permanent survey control markers, both horizontal and vertical, adequate to locate the projects with respect to property boundaries and existing survey control points and datum. 4. The ENGINEER will make necessary arrangements for required test borings and will supervise the making of said borings. 5. The ENGINEER will prepare preliminary construction plans and cost estimates, and design reports, and furnish five copies to the OWNER. The OWNER shall complete his review of these items and forward his instructions to the ENGINEER within 10 calendar days after submittal. If there are significant changes the OWNER may instruct the ENGINEER to resubmit the preliminary plans for the OWNER to review, in which case completion herein will be extended by 12 days. 1 The ENGINEER will also send copies of the preliminary constuction plans to all utilities operating within the City of Kenai asking them for their review and comments within 10 calendar days. A copy of the transmittal letter to these utility companies will be sent to the City of Kenai. 6. After the preliminary plans have been reviewed and the OWNER directs the ENGINEER to proceed, the ENGINEER will accomplish the detailed design of the projects, prepare detailed plans, specifications, and contract documents, and make final cost estimates based on the final designs. The contract documents shall include, without being limited thereto, the invitation for bids, instructions to bidders, proposal form, contract form, general conditions, special provisions, and forms for payment and performance bonds. All of these documents shall be subject to OWNER approval. The plans prepared by the ENGINEER shall be in sufficient detail to permit the actual locations of the proposed improvements on the ground. 7. The ENGINEER will furnish 50 copies of plans, specifications, and contract documents to the City of Kenai. ! Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER, but will be made available to the OWNER for copying at the completion of the Project, without restriction or limitation of their future use by OWNER. , 8. The ENGINEER will furnish to the OWNER one set of mylar reproducible plans. !I 9. The ENGINEER will prepare and deliver any addendums n necessary to carry out the work under the scope of this Agreement. 10. The ENGINEER will attend the pre -bid conference and bid opening, tabulate the bid proposals, make an analysis of the bids, and make recommendations for awarding contracts for construction. The ENGINEER will also attend the pre - award and pre -construction conferences. i 11. The ENGINEER will check and approve any necessary j, shop and working drawings furnished by contractors. �jjf 12. The ENGINEER will interpret the intent of the plans ! and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by any contractor. 13. The ENGINEER shall obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workmen's Compensation Act and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the o ENGINEER or by the ENGINEER'S employees of the ENGINEER'S i functions and services required under this Agreement including any claims arising out of or caused by errors or omissions of the ENGINEER, and to furnish to the OWNER copies of such { policies, or one or more Certificates of Insurance, showing o such coverage and providing for 30 days notice to OWNER before cancellation. 14. The ENGINEER agrees to comply with Federal Executive Order No. 11246, entitled, 'Equal Employment Opportunity," j as supplemented in Department of Labor Regulations (41 CFR, Part 60) if this "Agreement" exceeds $10,OOO; and Sections AGREEMENT OF ENGINEERING SERVICES - 2 i f i 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations (29 CPR, Part 5) if this "Agreement" exceeds $2,500. SECTION B - COMPENSATION FOR ENGINEERING SERVICES The OWNER shall compensate the ENGINEER for services under Section A by payment of an amount computed from actual time expended and expenses incurred at the rates set forth in Section D. The compensation for work under Section A shall not exceed the amount of $50,000 without prior written approval of the OWNER. This limit of costs shall not apply to work performed under Section C, nor to work required for redesign of any item after approval of the design by the OWNER, nor to modifications of bid documents required because of changes in bid dates or re -bidding. Payment of compensation under this Section shall be made as follows: 1. Upon submission of preliminary plans, payment for time and expenses expended, less 10%. 2. Upon submission of final plans, specifications and bid documents payment for time and expenses expended, less 108. 3. Upon completion of all services under contract or required until time of termination, payment in full. SECTION C - ADDITIONAL ENGINEERING SERVICES i That, in addition to the foregoing services, the following services may be required, when mutually agreed upon by the OWNER and the ENGINEER in a written amendment to this Agreement: 1. Revisions to the Airport Layout Plan to record modifications thereto d ma b e y construction pursuant to this contract or by prior construction. j 2. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER. 3. Appearances at the request of the OWNER before courts or boards on matters of litigation related to the ss. project. �f f } 4. Additional copies of plans and specifications, in i �. excess of those provided under Paragraphs A-6 and A-7. f !` Payment for the services specified in this Section C shall be in accordance with the schedule set out in Section D hereof. The ENGINEER will render to OWNER for such services ! an itemized bill, separate from any other billing, at the 111 end of each month for compensation for services performed -- - f hereunder during such month, the same to be due and payable 1 by OWNER to the ENGINEER on or before the 15th day of the following month. SECTION D SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES That the rates and charges for services under Sections B and C shall be: >r AGREEMENT OF ENGINEERING SERVICES - 3 i i r S (r. C 41 1. ENGINEERING RATE PER HOUR A. Electrical Principal Engineer $55.00 Project Engineer 45.00 Draftsman 27.50 i a. Civil Engineer 1 42.00 Engineer II 37.00 Engineer 111 32.00 Draftsman 18.00 i Typist (Reports A Speficiations Only) 16.00 2. SURVEYING 4-Man Party $137.50 3-Man Party 104.50 2-Man Party 71.50 4 Crew Chief Alone 38.50 Electronic Distance Measuring Instrument 9.00 3. PRINTING OF PLANS AND SPECIFICATIONS (including preliminary plans Plans (Drawings), 24 x 36; per sheet, per copy $ 0.90 Specifications: per printed /1 page, per copy 0.25 Reproducible mylar plans per sheet 10.00 4. REIMBURSABLE EXPENSES A. Automobile travel for trips to points in excess of five miles from office, at the rate of $0.25 per mile for both ways. B. Actual cost of subsistence and lodging, if prior written approval thereof is obtained from the OWNER. C. Actual cost of long-distance telephone f calls. j D. Actual cost of special test and services of special consultants under Section C. ; E. Actual cost of commercial transportation. 'o the totals of the costs of items b, c, d, and a above, an Lmount of 10% shall be added for overhead expense. SECTION E - TIME OF PERFORMANCE 'hat the ENGINEER shall complete the work under Paragraph A - within 20 calendar days after the date of this contracts o and shall complete all work under Paragraphs A-1, A-2, A-3, ! 1 ind A-5 within 60 calendar days after the date of this !ontract. Within 7 calendar days after receipt by the AGREEMENT FOR ENGINEERING SERVICES - 4 � i k-7 n. ENGINEER of the OWNER'S review comments on the documents submitted under Paragraph A-5, the ENGINEER shall complete all work under Paragraph A-6. SECTION F - TERMINATION i i That, in the event of termination or indefinite postponement of all or part of this project by the OWNER, the ENGINEER ■1 shall be compensated for work accomplished to that time as follows: +!1 For work actually accomplished under Section A and C, payment for employee time based on the payroll and time records of the ENGINEER, at the rates in Section D, but j not to exceed the total amount(s) stipulated in Section B. To this amount shall be added payment for expenses , incurred as stated in Section B. SECTION G - EXECUTION I IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, J the Agreement in duplicate on the respective dates indicated below. (SEAL) OWNERS CITY OF KENAI j v By: jJ j ATTEST: Type Name Title Type Name Date t Title I 1 i ENGINEERS ENGINEERING CONSULTANTS � y OF ALASKA By: 1Ai r t Type Name Philip W. sryson 1 �• Title Executive Vinn Pr -aid nt Date March 28, 1980 AGREEMENT FOR ENGINEERING SERVICES - 5 i J a 4 f � ks If f y � . A t Ji AGREEMENT FOR ENGINEERING SERVICES THIS AGREEMENT, made this .V day of /fP,llL , 1980, by and between the CITY OF KENAI, Alaska, hereinafter referred to as the OWNER, and ENGINEERING CONSULTANTS OF ALASKA, A Professional Corporation, d/b/a Wince-Corthell-Bryson and Freas, hereinafter referred to as the ENGINEER: The OWNER intends to construct certain improvements to the Kenai Municipal Airport, consisting of: (1) replacement of the airport standby electrical power plant and related switching equipment; (2) a building to house the power plant and airport electrical equipment; (3) relocation of certain electrical equipment from present locations into the new building; (4) new electrical conductors, switching equipment, transformers and other items required to connect the new power plant to existing power systems and airport electrical loads; (5) underground lighting cables and conduits, home run or distribution main cables serving taxiway and runway lights; (6) necessary demolition and/or removal of facilities and equipment to be replaced; (7) replacement of existing or addition of new runway lighting intensity control; (8) underground lighting cables and conduit between each taxiway light; (9) complete set of electrical mylar drawings including key map for airport electrical system and schematic showing this project and past projects and how they tie together. The ENGINEER agrees to engage the services of Arctic Consulting Engineers and to perform the various professional engineering services required for the design of said improvements, hereinafter referred to as the "Project." WITNESSETH: That for and in consideration of the mutual covenants and promises between the parties hereto, it is hereby agreed: SECTION A - ENGINEERING SERVICES That the ENGINEER shall furnish basic engineering services as follows: 1' i 1. The ENGINEER will, in conference with the OWNER and (; the Federal Aviation Administration, establish the complete 1i scope of the work based on the available funds and the priorities established by the OWNER. The ENGINEER will participate in conferences with the OWNER and concerned t agencies relative to the project. 2. The ENGINEER will prepare the final Grant Application ' for the City to submit to FAA. 3. The ENGINEER will perform the necessary surveys to determine the contours, clearances, locations and dimensions of all land features and structures which pertain to or affect the design of the projects. The ENGINEER will locate and/or establish temporary and permanent survey control markers, both horizontal and vertical, adequate to locate the projects with respect to property boundaries and existing I survey control points and datum. I I 4. The ENGINEER will make necessary arrangements for i required test borings and will supervise the making of said borings. i 5. The ENGINEER will prepare preliminary construction plans and cost estimates, and design reports, and furnish five copies to the OWNER. The OWNER shall complete his review of these items and forward his instructions to the ENGINEER within 10 calendar days after submittal. If there are significant changes the OWNER may instruct the ENGINEER to resubmit the preliminary plans for the OWNER to review, ` in which case completion herein will be extended by 12 days. I. The ENGINEER will also send copies of the preliminary constuction plans to all utilities operating within the City of Kenai asking them for their review and comments within 10 calendar days. A copy of the transmittal letter to these utility companies will be sent to the City of Kenai. 6. After the preliminary plans have been reviewed and the OWNER directs the ENGINEER to proceed, the ENGINEER will accomplish the detailed design of the projects, prepare detailed plans, specifications, and contract documents, and make final cost estimates based on the final designs. The contract documents shall include, without being limited thereto, the invitation for bids, instructions to bidders, proposal form, contract form, general conditions, special provisions, and forms for payment and performance bonds. All of these documents shall be subject to OWNER approval. The plans prepared by the ENGINEER shall be in sufficient detail to permit the actual locations of the proposed improvements on the ground. 7. The ENGINEER will furnish 50 copies of plans, specifications, and contract documents to the City of Kenai. Original documents, survey notes, tracings, and the like, except those furnished to the ENGINEER by the OWNER, are and shall remain the property of the ENGINEER, but will be made available to the OWNER for copying without restriction or limitation of their future use by OWNER. 8. The ENGINEER will furnish to the OWNER one set of mylar reproducible plans. 9. The ENGINEER will prepare and deliver any addendums necessary to carry out the work under the scope of this Agreement. 10. The ENGINEER will attend the pre -bid conference and bid opening, tabulate the bid proposals, make an analysis of i the bids, and make recommendations for awarding contracts for construction. The ENGINEER will also attend the pre - award and pre -construction conferences. 11. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. } 12. The ENGINEER will interpret the intent of the plans and specifications to protect the OWNER against defects and deficiencies in construction on the part of the contractors. The ENGINEER will not, however, guarantee the performance by f, any contractor. 13. The ENGINEER shall obtain and maintain at the ENGINEER'S expense, such insurance as will protect him and the OWNER from claims under the Workmen's Compensation Act i and from all claims for bodily injury, death, or property damage which may arise from the negligent performance by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S :! I functidns and services required under this Agreement including any claims arising out of or caused by errors or omissions of the ENGINEER, and to furnish to the OWNER copies of such j' policies, or one or more Certificates of Insurance, showing such coverage and providing for 30 days notice to OWNER i before cancellation. �I { 14. The ENGINEER agrees to comply with Federal Executive order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CFR, Part 60) if this "Agreement" exceeds $10,000; and Sections AGREEMENT OF ENGINEERING SERVICES - 2 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor Regulations (29 CFR, Part 5) if this "Agreement" exceeds $2, 500. SECTION B - COMPENSATION FOR ENGINEERING SERVICES The OWNER shall compensate the ENGINEER for services under Section A by payment of an amount computed from actual time expended and expenses incurred at the rates set forth in Section D. The compensation for work under Section A shall not exceed the amount of $50,000 without prior written approval of the OWNER. This limit of costs shall not apply to work performed under Section C, nor to work required for redesign of any item after approval of the design by the OWNER, nor to modifications Of bid documents required because of changes in bid dates or re -bidding. Payment of compensation under this Section shall be made as follows: 1. Upon submission of preliminary plans, payment for time and expenses expended, less 10%. 2. Upon submission of final plans, specifications and bid documents payment for time and expenses expended, less 10%. •3. Upon completion of all services under contract or required until time of termination, payment in full. SECTION C - ADDITIONAL ENGINEERING SERVICES i That, in addition to the foregoing services, the following services may be required, when mutually agreed upon by the OWNER and the ENGINEER in a written amendment to this Agreement: 1. Revisions to the Airport Layout Plan to record modifications thereto made by construction pursuant to this I contract or by prior construction. 2. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER. I 3. Appearances at the request of the OWNER before courts or boards on matters of litigation related to the project. 4. Additional copies of plans and specifications, in ,. excess of those provided under Paragraphs A-6 and A-7. Payment for the services specified in this Section C shall be in accordance with the schedule set out in Section D hereof. The ENGINEER will render to OWNER for such services an itemized bill, separate from any other billing, at the end of each month for compensation for services performed hereunder during such month, the same to be due and payable by OWNER to the ENGINEER on or before the 15th day of the following month. SECTION D SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES That the rates and charges for services under Sections B and C shall be: AGREEMENT OF ENGINEERING SERVICES - 3 1. ENGINEERING RATE PER HOUR A. Electrical Principal Engineer $55.00 Project Engineer 45.00 Draftsman 27.50 i B. Civil Engineer I 42.00 Engineer II 37.00 Engineer III 32.00 Draftsman 18.00 Typist (Reports 6 Speficiations Only) 16.00 2. SURVEYING 4-Man Party $137.50 3-Man Party 104.50 2-Man Party 71.50 Crew Chief Alone 38.50 Electronic Distance Measuring Instrument 9.00 3. PRINTING OF PLANS AND SPECIFICATIONS (including preliminary plans _... �, 4 • Plans (Drawings) , 24 x 36; per sheet, per copy $ 0.90 - Specifications; per printed page, per copy 0.25 Reproducible mylar plans per sheet 10.00 i 4. REIMBURSABLE EXPENSES o ; A. Automobile travel for trips to points in ' excess of five miles from office, at the rate of $0.25 per mile for both ways. i B. Actual cost of subsistence and lodging, if prior written approval thereof is obtained from the OWNER. C. Actual cost of long-distance telephone 1 calls. D. Actual cost of special test and services i of special consultants under Section C. + i E. Actual cost of commercial transportation. ! To the totals of the costs of items b, c, d, and a above, an amount of 101 shall be added for overhead expense. } SECTION E - TIME OF PERFORMANCE fThat the ENGINEER shall complete the work under Paragraph A- P ->--, 4 within 20 calendar days after the date of this contract; -- _-_ and shall complete all work under Paragraphs A-1, A-2, A-3, and A-5 within 60 calendar days after the date of this contract. Within 7 calendar days after receipt by the AGREEMENT FOR ENGINEERING SERVICES - 4 E 1 i i f... i I7 �' A .i i ENGINEER of the OWNER'S review comments on the documents submitted under Paragraph A-5, the ENGINEER shall complete all work under Paragraph A-6. SECTION F - TERMINATION That, in the event of termination or indefinite postponement of all or part of this project by the OWNER, the ENGINEER shall be compensated for work accomplished to that time as follows: For work actually accomplished under Section A and C. payment for employee time based on the payroll and time records of the ENGINEER, at the rates in Section D, but not to exceed the total amount(s) stipulated in Section B. To this amount shall be added payment for expenses incurred as stated in Section B. SECTION G - EXECUTION IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, the Agreement in duplicate on the respective dates indicated below. (SEAL) OWNER: CITY OF RENAI By:/ ATTEST: Type Name Keith Kornelis , Title Acting City lklana.,er pe Name Jahet 19helan Date April 3. 1980 !, Title City Clerk I1 ENGINEER: ENGINEERING CONSULTANTS OF ALASRA By: W Type Name Philip W. Bryson I Title Executive Vice President 8. i Date Apt 3. 1980 } I AGREEMENT FOR ENGINEERING SERVICES - 5 l! V • CH2M _ 13 H I LL Anchorage Office -- � engineers 310 K Street, Suite 602 Anchorage, Alaska 99501 r—= n Manners 907/279.6491 economists scientists ,. Date March 14, 1980 c� Job No. K12720.00 City of Kenai Client Ref. No. Box 580 Invoice No. 10089 Kenai, Alaska 99611 Attn: Mr. Charles Brown, Acting City >Ianager i i b STATEMENT For professional services from January 25, 1980 through February 24, 1980 "-- - regarding the Sewerage Projects design. For detail regarding this billing period refer to Progress Report No. 11. Professional Services $7,172.90 MqMses 1,064.52 Mnstafa, HxV (minority sub) 2,672.34J Subtotal $10,909.76 Fee 1,690.24 Amount Due . . . . . . . . . . . . . . . . . . . . . . $12, 600.00 -v Ale J . "7 RY CITY r+a { f i �%,t G�r..t • g 3! 5, 3�S = .��1/f/ �e1, �7 6 , f'a i +............._......_..................... ............................. _ CRIQUAL C^PY TO _.. .- ............._.,,,, Kll/F20 DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTHS BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. r, d CH2M o© H ILL engineers planners economists scientists March 17, 1980 K12720.00 3: 0EITZA ., Y , DEPT Wau Mr. Charles Brown Acting City Manager City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Charles: Re: Kenai Sewerage Projects Design Progress Report No. 11 Progress on the design of the interceptor, sewage treatment plant and outfall during February, 1980 is summarized as follows: Sewage Treatment Plant o Responded to and included into the Contract Documents as applicable the ADEC review comments. o Received approval by ADEC of the Preliminary Plan of Operation. o Printed Contract Documents. o Started advertising for construction bids. Activities anticipated during March, 1980 include continuing bid advertise- ment, and attending the pre -bid conference and construction site tour on Thursday, March 20, 1980 at 10:00 A.M. Interceptor Our inhouse review has concluded that additional soils information is required before the interceptor project can be advertised for construction bids. Additionally, because the Mission Cook Interceptor as now designed would require open cuts of up to 22 feet deep, we are considering alternative designs which would allow for shallower bury and lower construction costs. Anchorage Office 310 K Street. Anchorage. Alaska 99501 907/279-6491 0 i u` Mr. Charles Brown City of Kenai - March 17, 1980 K12720.00 Page 2 We will be following up this progress report with a letter detailing the - additional cost associated with the soils work and redesign and expect to be prepared to discuss this with the Council on Wednesday, April 2, 1980. Outfall o No change in project status this month. Mr. Alex Viteri of the ADEC has consented to meet with us in Kenai on Thursday, March 20, 1980 to discuss the outfall location and his con- cerns raised in his letter of January 30, 1980. Sincerely, -_- Loren D. Leman, P.E. LDL:ngk *-cc: Keith Kornelis I i i f { carmen vincent gintoli, architect box prole Tonal building suite 210 enai, a aska 996 k: ,. 907 283.7732 . j 27 March 1980 1 City of Kenai P.O. Box 580 Kenai, Alaska 99611 Attention: Keith Kornelis, Acting City Manager i Regarding: City Administration Building - Architectural Services Final Billing - Contract Documents INVOICE 100% Completion - Contract Documents $18,000.00 Is Thank you. i k , 7 _ t • - 1 ' ' jr z I c 'j " Mr. Charles Brown City of Kenai March 17, 1980 K12720.00 Page 2 We will be following up this progress report with a letter detailing the additional cost associated with the soils work and redesign and expect I to be prepared to discuss this with the Council on Wednesday, April 2, i 1980. Outfall o No change in project status this month. Mr. Alex Viteri of the ADEC has consented to meet with us in Kenai on Thursday, March 20, 1980 to discuss the outfall location and his con- cerns raised in his letter of January 30, 1980. Sincerely, • Loren D. Leman, P.E. LDL:ngk i i A -cc: Keith Kornelis _ M Peggy Akness Dear Janet, Please have this signed and returned to us. Kenai Chamber of Commerce BOX 497 Kenai, Alaska 99811 2W.7989 •I APPLICATION FOR PERMIT FOR AUTHORIZED GAMES OF CHANCE AND SKILL , f CALENDAR YEAR 19 80 i RETURN TO: PERMIT FEES: '4iJ Dept. of Revenue - Audit $20.00 due with application Games of Chance & Skill l% of entire net proceeds due with annual Pouch SA financial statement Juneau, Alaska 99811 F FIRST APPLICATION PERMIT RECEIVED PREVIOUSLY APPLICATION MUST BE COMPLETED IN ACCORDANCE WITH 15 AAC 05.460 ORGANIZATION: Name: Kenai Chamber of Commerce Address: P. O. Box 497, Kenai, Alaska 99611 QUALIFICATIONS FOR A PERMIT: A. Type of organization (Check one) (1) x Civic or Service (6) Veterans (2) Religious (7) Police or Fire Company (3) Charitable (8) Dog Mushers (4) Fraternal (9) Fishing Derby (5) Educational (10) Political (ll) Labor B. State how long organization has been in existence 1955 C. Recognized as a non-profit organization under the Federal Income Tax Laws. x Yes No Include a copy of IRS Certificate if not previously submitted. D. Affiliation with National Organization: Name of National: Headquarters Address: E. Organized as a Corporation; Association; Partnership; Firm; Company. Include a copy of original Charter, By -Laws and a current list of 25 local members, if not previously submitted. ***ALL ANSWERS MUST BE PRINTED IN INK OR TYPEWRITTEN*** 04-643 (8/78) (over) 0 TYPE OF GAMES TO BE CONDUCTED: (1) Bingo (3) Ice Classics (6) Fish Derbies (2) x Raffles & Lotteries (4) Rain Classics (7) x Contests of Skill (5)_ Dog Mushers Contest List types of games by common name if other than those listed above. See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450. OFFICERS: Name Title Home Phone 1. George Ford President 283-7700 2. Harry Gaines Ist Vice President 293-4618 3. Ron Schmidt 2nd Vice President none 4. Mark Necessary Treasurer 7RI-a79t; PERSONS IN CHARGE OF GAMES (Must be a member of permittee organization): Name Title Home Phone 1_• Ron Malston Chamber hoard inpmher 791d966 2. DATES AND HOURS OF GAMES: Bingo games must not be held more than 9 times a month with 35 games per session. Date Hour Date Hour DEDICATION OF NET PROCEEDS: A. Estimated gross receipts (yearly) $ 2500_00 B. State the specific purposes for which the entire net proceeds are to be devoted and in what manner. Support for the Kenai (_hamhEar of rommerce and its civic activitiQ,s CERTIFICATION: We certify that all the officers and all the persons in charge of games are of good moral character and have never been convicted of a felony. We certify, under the penalties of perjury, that all of the statements contained herein are true and correct to the best of our knowledge and belief. SIGNATURE OF TWO OFFICERS REQUIRED CITY CO APPR VAL 0 I CITY OF KENAI %Od 624aa dl a/ 41oadia P. O. DOX 380 KENAI. ALASKA 9%11 TELEPI40NE 2113 • 7535 April 2. 1980 TO: Council FROM: Keith Kornelis Acting City Manager This is a request to let Keith Kornelis, Acting City Manager, sign for application for Title 5 workers for the Senior Citizens Center. There are three positions involved: Drivers Assistant - - Cooks Assistant Records Clerk Total amount of grant - $29,944.00. There are no matching funds needed by the City. KK: jw . , 4•r N CITY ui: rk.t AI nix „Od eat 4 4" P. O. BOX 590 KENAI, ALASKA 99611 TELEPHONE 4113 - 7535 4 ` March 28, 1980 MEMO TO: Mayor and Council of the City of Kenai I FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting April 2, 1980 WELL HOUSE 101 RENOVATION Rockford Corp. and the subcontractors have completed work on Well House 101. Rockford Corp. has been sent their final payment and this project is complete. AIRPORT WAY - WATER, SEWER, AND STREET There has been no change on this project since my last report. SHOP ADDITION AND LUBE RACK A Pre -Bid Conference was held at 10 a.m. on March 26, 1980. Bid proposals are due at 2 p.m. on April 10, 1980. The Public Works Department is presently preparing an addendum to this project. SEWER TREATMENT PLANT, INTERCEPTOR LINE AND OUTFALL The bid date on this project on the Sewer Treatment Plant Expansion is April 3, 1980 at 2 p.m. A pre -bid conference was held on March 20, 1980 at 10 a.m. in the Public Safety Building. There were approximately 15 people in attendance. As I mentioned in my last report, the Interceptor Line and Outfall portion of this project have been removed from our initial grant.* CH2M Hill plans on having a representative at this next Council meeting to discuss the problems on the Interceptor Line. They had planned on having onmeone at our last meeting but felt that they were not yet prepared. I I - MR n What's Happening Report Page 2 March 28, 1980 NEW STREET MAP There is a public hearing scheduled for this upcoming Council meeting concerning the proposed changes for certain streets within the City of Kenai. The Public Works Department is also at this time working on changes in the Code concerning street designations, avenues, lanes, ways, drives, etc. TOPO STUDY The agreement that the City of Kenai has with U. S. Dept. of Agriculture Soils Conservation has been signed and sent back to them. This agreement will add 10 quarter sections to the Topo Study that USKH is doing. The City has received one full set of blueline Topo maps from USKH. i PARKS AND RECREATION PLAYGROUND EQUIPMENT The bid date on the Recreation Equipment is April 10, 1980 at 2 p.m. Recommendations for award of bid will be before Council on April 16, 1980. 1980 KENAI AIRPORT ELECTRICAL IMPROVEMENTS At our last Council meeting, the Council authorized Wince, Corthell Bryson, and Freas to do the engineering for this project. The contract between the City of Kenai and Wince, Corthell, Bryson, and Freas should be before Council at this upcoming meeting. I am meeting with the FAA and Wince, Corthell on Friday in Anchorage in order to get this project started on the right track. It is important that the engineering is done as soon as possible so that construction can be completed early this season. CAPITAL IMPROVEMENT PROJECTS Kayo McGillivray and I spent all day Tuesday and part of Wednesday in Juneau talking to State Representatives and Senators concerning Kenai's 1980 Capital Improvement Projects. House Bill 60 concerning Capital Improvement Projects for the State had already passed the House prior to our arrival in Juneau. We therefore concentrated our discussion with the Senators. Senator Clem Tillion felt that the following would pass the Senate. $500 for the Kenai Harbor, Study and Design, Hydrology etc. would pass. The 4 million dollars for the actual construction for the Harbor would become part of a bond issue to be presented to the people of Alaska. The 2.1 million dollars for commercial street grid system is very likely to pass. Only the Section 36 part of the water and sewer line that we asked for would pass which would reduce the amount down to $800,000. The Parks and Recreational Youth Center was likely to pass for around $350,000. The Airport Terminal Renovation is likely to be teduced down to somewhere around $200,000. The Culture Center is still up in the air and is questionable concerning its passage. The reason is because of its extremely high cost. The trip seemed very successful and if we receive any where near what we were told, What's Happening Report Page 3 March 28, 1980 it will be well worthwhile. We did receive many compliments from both Representators and Senators concerning our pamphlet and presentation of the Kenai's 1980 Capital Improvement Projects. Many of them commented that only Fairbanks and the City of Kenai gave a clear and concise presentation of their improvements. The brochure was therefore very well received and appreciated. This is a compliment to the Mayor who prepared most of the brochure and the entire City staff whc did the reproduction and color coding for each brochure. EPA CONFERENCE I attended a conference Thursday, March 27 and which concludes Friday, on EPA guideline recommendations for utilities - (water and sewer) distribution systems. I received quite a bit of information today making the conference worth while. SENIOR CITIZEN'S CERAMIC STUDIO Bids were received on this project on March 27, 1980 at 2 p.m. The apparent low bidder on the project was Timberline Industries from Anchorage with a bid price of $56,666. Additive Alternate No. 1 was $3,9S7 and Alternate No. 2 was $4,8S7. This amount was in the excess of our budget. The specifications on this particular job allows the architect/engineer to negotiate with the lowest bidder under this circumstance. The contractor has submitted a list of deductive alternates to Carmen Gintoli the Architect. These are contained on the attached sheets along with an analysis of how the project can be brought closer to budget. EPA has contacted me concerning a Sewer Treatment Plant training Program that they are offering to approximately 8 to 10 people. They have been very pleased with our plant and the work that our operators are doing and have asked that they might hold their training class at our plant since we are now keeping good records, have a good maintenance program, are staying within compliance, and seem to know what we are doing. This class will be held on May 6, 1980 and I feel proud of our operators since EPA has chosen our plant as an example for new trainees. CEIP GRANT APPLICATIONS While in Juneau I visited with James Andregg of CEIP and discussed our applications for engineering for road projects within the City of Kenai. There has been a misunderstanding concerning the time frame for approval of our grant application for engineering of Barnacle, Bidarka, and Fidalgo. As it turns out, it will take well over 60 days for approval. This is totally unacceptable since i the engineering has to be completed prior to July 1. Because of the Council's willingness or desire to have Bidarka, Barnacle, and Fidalgo constructed, we have insured the State Legislature that the engineering will be done by July 1, 1980.' In order to meet ■ What's Happening Report Page 4 March 28, 1980 this deadline, the Council will have an appropriation Ordinance before them at this upcoming meeting setting up a budget for the engineering of these streets. STREET CREWS The Street Crew has been working on ditching streets, filling potholes, scraping streets, and repairing signs. WATER AND SEWER CREW The Water and Sewer Crew has been checking well. houses and lift stations, working with Motorola on the Intrac System, and working on the underground well house. SHOP CREW The Shop Crew has been working on regular maintenance for City Vehicles and replacing the front diaphram on the Diaphram pump and overhauling a transmission on a Police Car. KK/jet fJ� I` . CERAMICS STUDIO ADDITION .-� SENIOR CITIZEN'S CENTER FORT KENAY Budget $49,600 Contractor's Bid 56,666 Deficit $ 7,066 Recommended: Deductive Group 1 (See Letter) $3,830 ! Deductive Group 2 (See Letter) 1,800 Deficit $1,436 If we do not require performance and payment bonds, the contractor has agreed to deduct $1,046 from the bid price. The bid price is then $49,990,* with a deficit of $390. Bid $56,666 DD Group 1 3,830 DD Group 2' 1,800 Delete Bonding 1,046 $49,990 Budget 49,600 I Proposed Deficit $ 390 *The Contract Documents allow the bonding requirement to be i waived if the bid price is less than $50,000. j Recommendation: i 1: 1 recommend that the Council appropriate an additional $390 to the construction budget to cover the expected �+ deficit. 2. Waive the bonding requirement for Timberline Industries since they have performed faithfully in past projects for ' the City of Kenai (i.e. Animal Shelter Addition). 3. Accept Deductives Group 1 and Group 2 as outlined in 'i Carmen Gintoli's attached letter dated March 28, 1980, and j award the contract for construction of Ceramics Studio Addition, Senior Citizen's Center, Fort Kenay, to Timberline Industries, the low bidder for the amounts of $49,990. Submitted by: on, city ,engineer 4 1 1 ' i .i ;r F.� J 1,. i carmen vincent gintoli, architect kox3504 profe Tonal building suite 210 9961 enak alwM 907 283.7732 . 28 March 1980 City of Kenai P.O. Box 580 Kenai, Alaska 99611 Att'n: Mr. Bill Nelson,• , City Engineer RE: Ceramics Studio Addition Senior Citizens Center, Fort Kenay g Dear Bill: in response to Timberline Industries, the low bidder on the above referenced project, proposal to reduce his bid amount in 6rder that . we meet the budget amount, we offer the following recommendation: _ Group One: We recommend the City accept these deductions: z i 1. Delete the sidewalk and concrete patio and provide a ' 41x4' concrete pad at the 2 entry locations. 695.00 2. Substitute, equivalent surface mounted flourescent fixture§ for pendant mounted fixtures specified. 1600.00 ff •. 3. Delete plastic laminate from Interior of cabinets. 460.00 .4. Delete concrete footing; use all weather wood ` footing. 850.00 5. Delete sheet vinyl from storage area on second floor. 225.00 . • .Group I Deductiv9 total 3830.00 Group Two. We recommend these deductions with Council's - `, approval since "Force Account Labor" will be required { to perform this works s I. Delete earthwork 900.00 a G t P i i r u - Mr. Bill Nelson Page 2 March 28, 1980 2. Delete painting of Exterior of building 780.00 3. Delete fence. removal and re -installation fdr access 120.00 Group 2 Deductive total 1800.00 Group Three: We do not recommend these deductions. i I. Deletion of 10 adjustable shelves 180.00 2. Substitute "Hurd" for "Andersen" Windows 265.00 445.00 • Respectively Submitted,_ cavOn vince t gintoli architect ' Carmen V. Ginto i, cvg/jbs. 1 I ... - 1 1 f ti t t I 1�. t'. _1 I r 1 CITY OF KENAI %Od Oajadal o/ 4" _ P. O. SOX $90 KENAI. AUKKA 99611 TELEPHONE 2113 . 1SE5 MEMO TO: HONORABLE MAYOR & CITY COUNCIL FROM: BEN T. DELAHAY, CITY ATTORNEY �! RE: LEGAL FEES PAID ON APPEAL OF CLARION SUIT DATE: MARCH 27, 1980 At the last Council meeting I was questioned as to the total amount paid Richard W. Garnett, III for his representation of the City in the appeal of the suit by.the Clarion, and at the time I did not have the figures available. The Garnett firm has been handling two matters for us - the Clarion appeal and the problem -with the Constellation - and their early billings were consolidated 'Until I requested that they be itemized and split with separate billings for each account. We never received separate billings for the costs for the early months so that -my division may not be too accurate as'it is based on'estimate.but the total between the two cases would be'correct.and.the'legal fees charged to ` each case would be --correct. ' • • , • " I { In the case of the Clarion appeal, through February 29, 1980, we have been charged $624.18-for costs and $7,429.00 'for legal fees for a total of $8,053.18. -' In the Constellation matter, through February 29, 1980, we have been charged $19.06 for costs and $3,340.50 for legal fees for a total of $3,359.56. BTD/md CITY OF KENAI "o eat 4 4"„ P. O. BOX 580 MAJ. ALASKA 99611 TELEPHONE 203 • 7535 March 26, 1980 C. R. Baldwin, Esq. Baldwin & Taylor P. O. Box 4210 Kenai, Ak 99611 Re: Constellation Aircraft Dear Rick: I cannot advise the City to accept the offer you made on behalf of your client in your letter of November 14, 1979. The basis for my decision (made after study of the entire record herein, which took setting aside of some little time) follows. The Connie was originally sold to Mr. McNamara on June 5, 1979, with the promise of Mr. McNamara.to move the plane from the airport within 30 days with a'possible extension for removal of another 30 days. The plane was not removed by July 5, and on request of Mr. McNamara the trine was extended to August S. On Mr. McNamara's request for another 30 day extension, it was granted on the condition that he pay $25 per day tie -down fees until the plane was removed from the airport which should be by September 6, 1979. This extension was granted in compliance with the consensus of the City Council obtained on August 2, 1979, granting a 30 day extension with Mr. McNamara to be charged a daily fee until removed. This matter again came before Council on September 5, 1979, at which time you appeared for Mr. McNamara and requested a further extension of time for removal. The Council approved the grant of an extension for removal only to October 3, 1979, and provided that the City would levy a $25 per day tie -down charge for each day of the above - granted period. No further extensions have been granted, and it is clear that Mr. McNamara has been in default of his contract of purchase since October 3, 1979. j 0 V March 26, 1980 C. R. Baldwin, Esq. Page 2 Although there may have been a question about responsibility for the lien imposed upon the aircraft by IRS, that lien has now been removed as you have been advised. Since this lien was unknown to Mr. McNamara, it did not prevent his removal of the plane before July 5, 1979, it did not prevent his removal of the plane before August 5, 1979, it did not prevent his removal of the plane before September 6, 1979, and it did not prevent his removal of the plane before October 3, 1979. As you well know, the liens which were cited in the title report secured by Mr. McNamara were by parties who were joined in the suit brought by the City to foreclose its lien upon the aircraft for tie -down fees, those parties were properly served, and they either filed disclaimer or defaulted. Since you are well aware of the court record herein, you also well know that the title report received by Mr. McNamara does not, in fact, show any liens superior to his title. Since Mr. McNamara agreed to pay the $25 per day fee in order to avoid action against his bond and in order to obtain an extension, and since the City has expended a great deal of time on this matter as well as fees to outside attorneys, I can see no valid reason for advising the Council to surrender any portion of the fees due the City because of delinquency of Mr. McNamara. Further, Mr. McNamara's promise to remove the plane from the airport by May 15, 1980, or within 90 days after the title is clear, or any other date is of no more value then his promise to remove the plane within 30 days after sale. I will present to the Council for their approval a plan for action from one of the three following alternatives, or any other you might suggest that I could support before the Council: 1. If prior to April 10, 1980, Mr. McNamara delivers to the City a good and sufficient bill of sale transferring title to the above -described plane to the City, I will recommend to the Council that the default in contract for failure to remove the plane be overlooked and the balance of the $10,000 bond, after deduction of the tie -down fees due from August 6, 1979 through date of delivery of title, be returned to Mr. McNamara. (My computations shows the amount of tie -down fees due through March 31, 1980 - a period of 238 days - at $25 a day to be $5,950.) The City 11 r r -IV March 26, 1980 C. R. Baldwin, Esq. Page 3 could then proceed to make arrangements with someone to remove the plane who could and would remove the plane. 2. If prior to April 10, 1980, Mr. McNamara delivers to the City a copy of an agreement with some FBO for parking of said plane and has actually made arrangements with the Airport Manager for removal of such plane to that base of operations, and further has actually started operations to move the plane, I will recommend to the Council that no further action be started against Mr. McNamara, and that on removal of the plane to the FBO area, after deduction of tie -down fees from August 6, 1979 to the date of removal and further deduction of any expenses to the City incurred in said removal, the balance of the bond posted, if any, be paid over to Mr. McNamara, with respect to your statements that the tires on the plane are bad and might go out if moved, I can only comment that the plane was sold "where is, as -is," that the responsibility of putting new or reconditioned tires on the plane is that of Mr. McNamara, and that he already has had 9 1/2 months to replace those tires, which would have had to be done last summer if he had actually been in earnest in attempting to fulfill his promises to remove the plane. 3. If neither of the above actions take place prior to April 10, 1980, nor any alternative thereto which Mr. McNamara might suggest and I might approve, then I will advise the Council to authorize a suit for breach of contract to set aside the conveyance and reclaim the plane with all of the expenses of the suit, including attorneys fees, and tie -down fees to the time title to the plane is conveyed to the City to be taken from the bond of Mr. McNamara, and if the suit is contested, to seek an order of the court for removal of the plane to another portion of the airport at the expense of Mr. McNamara to clear the area now occupied by the plane for further uses of the airport. The time allowed is short, but Mr. McNamara will by then have had 10 months to remove this plane. Last fall he suggested moving the plane to another portion of the airport on FBO land but suggested he would have to wait until the ground froze - the ground is still frozen now but in another 3 or 4 weeks, it may well be thawed again. If Mr. McNamara 11 March 26, 1980 C. R. Baldwin, Esq. Page 4 wishes to get this albatross from around his neck, the first alternative offers that opportunity. We can no longer trust the promises of Mr. NcNamara - we wish to see action. sincerely, - Ben T. ahay City Attorney STD/md cc: Jim Swalley-Airport Operations Manager City Manager James Bendell, Esq. City Council 1 ' 1 �IJJj 5 .n 61 Kenai N_ _ c!t_i_v_ e_ _A_s_s_A_ rig at_i_A_ to _ T__n_r_ _ *10 P.O. BOX 1210 A WILDWOOD w N, KENAI, ALASKA 99611 ��vt S March 19, 1980 IOWtAME VINCE O'REILLY P.O. Box 580 Kenai, Alaska 9W11 Dear Ur. O'Reilly,,,,, For sane time, �°we -have • believed that a major airport facility -capable Of iatertlaticnal':Cr�neCessary size Plight capacity hocated in this`- ,; : `• ; '.r'' .'� : =- area shot-1A bb• thar%c� ammined. We do not want -to pass judge wt� >=z " on the coutImilM prantion of the two airports as we all are presently doing. We are aware that the Borough and the Cities by nor a,!�­ QU protect their own interests, still it appears a joint meeting of your representatives, Salamantoff Native Association and the Kenai Native Association could prove productive. Site, sjze, viability effect on present facilities and all other matters would be,, for dismission. please respold 'your - `interest. Sincerely, President & Ewecutive Director j I i (W,cab cc: Salamantoff Native Association, Inc. rs . ✓ y BOX 850 • SOLDOTNA. ALASKA 99669 t1vPMONE262.4441 r .ry March 19, 1980 DON GILMAN MAYOR r Mr. Patrick Sharrock Alcoholic Beverage Control Board 201 E. 9th Avenue Anchorage, Alaska 99501 Dear Mr. Sharrock: This letter is to inform you that the Borough drops its objection to the renewal of a liquor license for the licensed premises set forth below because each of the licensed premises have paid in full all taxes due to the Borough and due to the appropriate City: • 1. Clam Gulch Liquor Store 2. Putter Inn 3. Seaview Bar and Motel 4. Kenai Liquor Store (Carr's Liquor Store) 5. Yah Sure Club 6. Yukon Bar The Borough's waiver of objection to the renewal of the liquor license for Kenai Liquor Store does not waive the City of Kenai's objection, for the City's objection is based upon grounds other than delinquent taxes. If I can be of any further assistance to you, please contact me at your convenience. Yours very truly, Andrew R. Sarisky r' Bo ugh Attorney ys Joseph L. Kashi Assistant Borough Attorney r t ARS : JLK : and cc: licensees _ ') 'Kenai and Seward City Clerks 0 1 AFE KEG! AI PENINSULA BOROUGH BOX 850 • SOLOOTNA. ALASKA 99669 PHONE 262.444I Y February 27, 1980 Mr. Patrick Sharrock Executive Director Alcohol Beverage Control Board 201 East 9th Anchorage, A. 99501 Dear Pat: The Kenai Peninsula Borough hereby drops its protest of the following liquor licenses renewals because the licensees have paid all taxes which are due to the Borough and to the cities for the year 1979: (1) Rainbow Bar, Kenai. (2) Palace Bar and Cafe, Seward. (3) Four Royale Parkers. (4) Inlet View Bar & Cafe. (5) Hope Liquor Store. Your assistance in this matter is greatly appreciated, and I look forward to the continued cooperation between us. Yours v fy truly, Andrew R. Sarisky Borough Atto 7 ey ':-.�Joseph L. Kashi Assistant Borough Attorney ARS/JLK/tb DON GILMAN MATOM A h KE?JAI PE.`:INSULA BOROUGH RLGULAR ,ISSE.MBLY MARCH 18, 1980; 7:30 P.M. BOROUGI I ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 i - A G E N D A- ASSE]MBLY A. CALL TO ORDER AND ROIL CALL Davis Dimmick B. PLEDGE OF ALLEGIANCE Elson = Fischer C. SEATING OF NE:6' ASSET-IBLYMEMBERS (none) tulle Long D. AGENDA APPROVAL Martin McCloud E. APPROVAL OF MINUTES OF MARCH 4, 1980 Pickarsky Sikorski F. ORDINANCE HEARINGS, OR OTHER PUBLIC IiEARINGS Ambarian Arness (a) Ord. 80-9 "Adopting a Comprehensive Campbell 'Plan for the City of Kenai As a Part Cooper of the Kenai Peninsula Borough Corr Comprehensive Plan" Crawford (b) Ord. 80-12 (Sub) ".fin Ordinance Amending Section 5.08.060 of the Borough Code of Ordinances Relating to the Regulation of Legal Advertising" (c) Ord. 80-15 "Amending Section 20.16.150 of the oroug Lo i ied Ordinances to Provide that Consent to Subdivide a Parcel of Land Must Be Granted By All Persons Holding Interest in the Land, Including Holders of Deeds of Trust and 4 Mortgages, As a Part of the Subdivision Ordinance" i G. CONSIDERATION OF RESOLUTIONS (a) Res. 80-30 "Amending Resolution 79-118, Section 2, By Increasing the Number of Allocated Positions .of Maintenance Mechanic I to Eight (8) and Eliminating the Position of Maintenance Mechanic" (b) Res. 80-31 "Awarding a Contract for the Purchase ando • Fire I ose i3 Accessories to Fire Control Northwest Inc." VOTE 6 S S 6 8 S 3 7 6 2 T__ - _ T.W t (c) Res. 80-32 "Acknowledging the Receipt of the Minor Capital Projects Status Report Delinea- ting Expenditures and Transfers of Capital Improvement Funds" :Memo 30-97 and Report (d) Res. 80-33 "Authorizing a Borough Forest bands Management Agreement Between the State of Alaska, Department of Natural Resources and the Borough For the Management, Disposal or Sale of Forested Borough Lands" (e) Res. 80-34 "Establishing Guidelines and Procedure for Proceedings of the Board of Equalization" H. INiTRODUCT_ION OF ORDINANCES (a) Ord. 80-20 "An Ordinance of the Kenai Penin- sula BoroUgh, Authorizing and Providing for the Issuance of Not to Exceed $6,762,646 of General Obligation Service Ar--a Ponds of the Borough for the Purpose of Raising Funds to Pay the Costs of hospital Construction in the Central Kenai Peninsula Ilospital Service Area in the Borough, Fixing Details of Said Bonds, Providing for the Form and Manner of Sale of Said Bonds, and Pledging the Full Faith and Credit of the Central Kenai Penin- sula Hospital Service Area of the Borough to the Payment Thereof" (b) Ord. 80-21 "Amending the Seward Zoning Ordi- nance to Delete Public Schools as a Conditional Use in Certain Residential Zones" (c) Ord. 80-22 "Approving the Total Amount of the School Buz1get and Appropriating $6,640,627 for School Purposes, and $25,000 for the Annual School District audit for Fiscal Year 1980-81" I. FORPIAL PRESENTATIONS -WITH PRIOR NOTICE (a) U. S. Fish and Wildlife Service National Wetland Inventory, Bayne Pichon, Art LaPerriere (b) Pat Lowry, Constitutional Lair (c) Truman Knutson, Regionalism (d) Dick Bogard, Flood Insurance Program J. CO;iNSITTEE REPORTS (a) Finance (McCloud, Iiille, Cooper, Crawford Corr, Dimmick - 2 - d S -_< i 35 11 (b) Local Affairs (Campbell, Davis, Picharsky, Sikorski) School Board (Martin) (c) Public Works (Arness, Ambarian, Long) K. MAYOR'S REPORT (a) Financial Report, February 1980 L. SCIIOOL 'CO?:STRUCTIOt� REPORT M. OTHER BUSINESS (a) Request for haiver of Time for Filing Senior Citizen Exemption (Baker) (b) Letter and Fairbanks Res. 80-11 Regardins Immediate Construction of the Devils Canyon - Upper Susitna Hydropower Project (c) NACO Western Interstate Conference, April 22-26, 1980 - PENDING - (d) Res. 80-28 "Expressing -the Policy of the Assembly Regarding the Inclusion of Annexa- tion Proposals in the Borough Comprehensive Plan" TABLED 2-19-80 (e) Ord. 80-3 "adopting a Land Use Plan as a Part of the Revised Comprehensive Plan for the City of Seward" REFERRED TO CITY P.C. (f) Ord. 80-14 "Amending the Borough Codified r inances to Set Forth Certain General Provisions Relating to Permitted Religious and Educational Uses" REFERRED TO ALL P.C.s (g) Ord. 79-74 "Rezoning a Portion of Bayview SubdivisiNn, City of Homer from Residential (R) District to Commercial (C) District" REFERRED TO HOMER P.C. N. ASSEMBLY AND MAYOR'S COMIMM::TS 0. PUBLIC COA' IENTS P. INFOW-1ATIOANAL iL1TERIALS ASD REPORTS Letter, City of Knehemak Mayor re: Comprehensive Plan Minutes, Nikiski Fire S-.A., 2-14, 2-21, 2-28- 1980 Minutes, Kenai Peninsula Fire Chiefs Assoc. 2-21-80 3 - KPB School Board Agenda, -3-17-8or K. P. J)cvclol)mcnt Council .1.1'tg. 3-6-80 KPB PI. -inning Commission, 2-4-80 KP"" Plat Committee, 2-18-80 M-11. Bulletin #25 Q. NOTICE OF NEXT I'MEETIA-G AND ADJOURN""!ENT .. - f lash Municipal b LEgiStATIVE &RETIN # 26 I :�) i r � ITEMS OF INTEREST March 17, 1980 STATE SHARED REVENUE: AML President Dave Walsh and First Vice President Roberley Potter plus Alaska Conference of Mayors President Bill Overstreet and Treasurer George Sullivan met with members of the House and Senate Finance Committees last week to discuss municipal finances - revenue sharing, corporate income tax shares and school construction debt payments. Discussion will continue when the full AML Board of Directors and the Alaska Conference of Mayors convene next week. Also meeting next week is the Alaska Municipal Management Association. TELECONFERENCE ON HB 797, AN ACT RELATING TO RECLASSIFICATION OF HOME RULE CITIES: House CRA Committee will hold a teleconferenced hearing at 1:30 pm (Juneau time) on March 21 from Juneau, with Ketchikan, Sitka, Valdez, Anchorage and Fairbanks. Persons interested in testifying or observing at this hearing should contact the local Legislative Information Office at the above mentioned sites. IN CO? NITTEE HB 586 - FISCAL NOTES: This bill was considered in the House CRA Committee on March 12. It was rewarded to say itsiefficant amount" and passed out of committee. The bill will now go to the Rules Committee. HB 689 - G.O. BONDS FOR WATER AND SEWER SYSTEMS 8 SOLID WASTE FACILITIES: The CRA Committee passed this bill out wit out changing dollar amounts. This is expected to be taken care of in the Finance Committee as the Senate version is already at $41 mil. HB 846 - REVENUE SHARING SUPPLEMENTAL: House CRA passed the 6.7 million supplemental, which would fully fund the PY 180 revenue sharing program at 1000, with a unanimous do pass. It has been referred to the Finance Committee. SCR 53 - COASTAL POLICY COUNCIL REGULATIONS AMENDMENT: This bill has been referred to the House CRA Committee. 204 North Franklin, Juneau, Alaska 99801 - __ __ ___ _ _Ir-- _ _ _ __ A :s _ z_- -' FLOOR ACTION HB 950 - MUNICIPAL BOND INTEREST PAYMENTS: This bill, mentioned in last weeks bulletin, was introduced as IlB 950 and referred directly to the Rules Committee. It was on the House calendar on March 11 and passed 36-1. It has been referred to the Senate State Affairs and Finance Committees. CSSB 438 - APUC EXEMPTIONS: This bill passed the Senate 18-0 and has been referred to the House Resources Committee. SB 447 am - DEFINITION OF MUNICIPAL BONDS: This bill passed the Senate 18-0 and Was been referred to the liouse CRA Committee. HOUSE BILLS HB 953 - HYDROELECTRIC PROJECTS: Introduced March it by the Rules Committee by Request of the Legislative Council, this bill provides for loans for cities and boroughs for hydroelectric projects. The bill has been referred to the Resources and Finance Committees. HB 9S4 - ENERGY CONSERVATION: Introduced March 11 by the Rules Committee by Request of the Legislative Council, this bill provides for alternative energy systems credit, for planning assistance to platting authorities for model acts which include regulations designed to encourage development and use of energy systems not dependent on fossil fuels, and encourages solar energy development. It also excludes the value of an alternative energy system in the assessment of the full and true value of a building in which it is installed. The bill has been referred to the Resources Committee. SENATE BILLS SB 520 - FISH PROCESSING PLANT LOANS: Introduced March 12 by the State Affairs Committee, this bill provides for variable rate of fixed note loans for fish processing plants. It has been referred to the State Affairs and Finance Committees. SB S21 - ALASKA COMMERCIAL FISHING B AGRICULTURE BANK: Introduced March 12 by the State Affairs Committee, this bill provides for a President instead of an Executive Director for the Alaska Commercial Fishing and Agriculture Bank. i — _ i _ _ — --law �� i■r _ 7 MAR 191980 1 q � ALASKA MUNICIPAL LEAGUE rwwv 204 N. Frankkn St. Juneau. Alaska 99801 )907) 586.1325 March 17, 1980 Bulletin # 80-11 To: Municipal Members HYDROELECTRIC WORKSHOPS The Department of Energy (DOE), Region X Federal Regional Council is sponsoring free one -day workshops on small hydroelectric projects during the month of March ;= in Boise, Spokane, Portland and Seattle and a free two-day workshop on small hydroelectric and micro -hydroelectric in Anchorage. iThe workshops focus on the various aspects of using the many existing dams in the Pacific Northwest and Alaska for increased electrical energy production and inform participants about federal financial assistance programs which exist to assist small hydro development. The objective of the financial assistance programs is to develop energy production facilities at existing dams or impoundments with a potential capacity of between 100 kilowatts and 25 megawatts. These facilities may be located on existing irrigation canals, at flood control dams, or at hydroelectric dams not currently producing power. The workshops are designed to help municipalities, individuals, small utility companies, co-ops, and other non-federal entities who have a nearby dam which could be used to produce hydroelectric energy. Attendees will learn how to apply for a loan through DOE's loan program for feasibility studies and licensing and for loans, grants and loan guarantees available for project construction under the President's Rural Energy Initiatives Program. I, Dates and locations for the workshops are as follows: March 18 - Red Lion Motor Inn, Boise, Idaho; March 20 - Spokane Convention Center, Spokane, Washington; March 25 - Red Lion Motor Inn, Portland, Oregon; March 26 - Washington Plaza, Seattle, Washington; March 28 $ 29 - Anchorage Westward Hilton, Anchorage. For more information and/or registration contact: Rosemarie Peterson, Idaho National Engineering Lab, P.O. Box 1625, Idaho Falls, Idaho 83415. Phone: (208) S26-0242. ` POSITION VACANCY KODIAK ISLAND BOROUGH - BOROUGH MANAGER - The Kodiak Island Borough ( a second _ class borough, population 11,978) is seeking applications for the position of borough manager; starting salary DOE. Candidates must have knowledge of Alaska Statutes, particularly Title 29, and have five (S) years experience in municipal government or related field plus a degree in business administration or public administration. Detailed resumes must be received by 5:00 pm on April 15, 1980. Send to Clerk/Treasurer, P.O. Box 1246, Kodiak, Alaska 99615. Equal Opportunity Employer. i f laska unidpal Teague , • LEC&UAVE BULLETIN 427 March 24, 1980 IN COMMITTEE On March 17 and 19 the House Resources Committee took testimony on S bills: HB 652, 655, 851, 875, and 954. No action was taken. The bills are expected to be heard again during the week of March 24. CSHB 3 - ELECTION REFORM: This bill started out relating to the restoration of the right to vote for felons, but the Senate tacked the election code revision on to it before they passed it on March 20, 14 to 4. HB 522 - ALASKA INDUSTRIAL DEVELOPMENT AUTHORITY: The State Affairs referral has been waived and the bill is in Finance. HB S33 - POSSESSION AND IMPORTATION OF LIQUOR: This bill was discussed on March 19 and 21 in the House Judiciary Com attee. Some changes were proposed and the bill will be heard again at a date to be announced. HB SSO - TRAFFIC CONTROL SYSTEMS: The referral to Judiciary was waived and the bill was sent to the Rules Committee. HB S85 - INCORPORATION OF SECOND CLASS BOROUGHS AS HOME RULE BOROUGHS: This bill was on the Senate calendar on March 20 and the CRA Committee substitute was adopted (SCS HB S8S). However, a technical error was discovered and the bill was returned to Rules. HB S86 - FISCAL NOTES: Although this bill passed the House 38 to 0 on March 19, it was reconsidered by Meekins, probably because it had not gone through Finance. On 3/20 the bill passed 39-0 on reconsideration,.but with a zero fiscal note eliminating the two full-time positions the Department of Community and Regional Affairs said they needed to do what was required by the bill. The bill is now in Senate CRA Committee. , 11 HB 700 - INCOME TAX REDUCTION: The State Affairs Committee passed out a committee substitute which el inated t e 50% reduction of income tax but retained repeal of _ the school tax, and the bill was referred to the Finance Committee. 204 North Franklin, Juneau, Alaska 99801 - 586-1325 HB 752 - CULTURAL FACILITIES APPROPRIATION: The House HESS Committee amended this bill on march 18 by adding 18 million for the Anchorage Museum. The bill was passed out and sent to the Finance Committee. HB 861 - LOANS FOR WATER AND SEWER EXTENSIONS: Testimony was given on this bill in the House HESS Committee on March 19. However, the bill was held in committee for further research. CSSB 2 - LITTER ACT: Testimony was taken on this bill on March 20 in the }-louse State Affairs Committee. Several amendements were recommended and the committee will pass out a committee substitute. SB 64 - BUSINESS INVENTORY EXEMPTIONS: This bill was passed out of the Senate Commerce Committee with 2 do pass and 2 do not pass recommendations. The CRA Committee referral was waived and the bill is now in the Senate Finance Committee. HCS CSSB 122 (Rules)am H - INCOME TAX: This bill began as a permanent fund bill last session but passed the House on TWRE 20, 30 to 9 in a form which suspended the Alaska net income tax on individuals for four tax years and provided other payments to state residents. On March 21 the Senate voted not to concur in the House amendments and a Free Conference Committee was appointed: Tillion, Sackett, and Ray; McKinnon, Freeman and Eliason. SB 440 - EXTENSION OF THE ALASKA RAILROAD: The Resources Committee recommended a committee substitute which would call for a report that would satisfy the requirements of an EIS. The bill was sent to Finance. HOUSE BILLS HB 961 - ALASKA COMMERCIAL FISHING AND AGRICULTURE BANK: Introduced by the Rules Committee by Request, this bill is similar to SB S21 and calls for a president instead of an executive director for the Fishing 6 Agriculture Bank. It also provides for fish processing plant loans. It was referred to Finance. HB 962 - FISH TAX CREDITS: Introduced by the Rules Committee by Request, this bill provides for credits ag nst fisheries taxes. It has been referred to the Resources and Finance Committees. RESOLUTIONS HCR 48 - SUPPLEMENTAL EMPLOYEE BENEFITS: Sponsored by the State Affairs Committee, this resolution urges all employers interested in providing supplemental benefits program coverage to place the question of that coverage before their employees for a vote. The committee gave the resolution a unanimous do pass and it was sent to the Rules Committee. r-) Kenai Chamber of Commerce P. O. Box 497 a - Kenai, Alaska 9%11 ` (907)283-7989 III RESOLUTION) #80-05 A RESOLUTION SUPPORTING KENAI CITY COUNCIL RESOLUTION #80-32 PROVIDING FOR FUNDING AND CONSTRUCTION OF A NEW CITY ADMINIS- TRATION BUILDING. WHEREAS, the present Kenai city offices located in the Airport Terminal Building are overcrowded and inadequate for effi- cient performance of City functions; and WHEREAS, the City council has resolved to construct a new facility of approximately 11,000 sq.:ft. to contain the func- tions of administration, city attorney, city clerk, finance department, public works, council chamber and health center; and WHEREAS, the City has adequate cash reserves to fund 100% of the project but in so doing might jeopardize other capital projects that might seek this same funding source; and WHEREAS, City Council Resolution 80-32 proposes to aleviate this concern by funding only a portion of the project (approxi- mately $600,000) from cash reserves and is requesting voter j approval to issue general obligation bonds in the amount of $400,000 to fund the remainder; NOW, THEREFORE BE IT RESOLVED: That the Greater Kenai Chamber of Commerce support the city council position and urge the voters of Kenai to vote in favor of the proposition to autho- rize the City of Kenai to incur indebtedness and to issue general obligation bonds, not to exceed $400,000, for the pur- pose of funding a portion of the cost to construct and equip the new City Administration Building, said proposition to be on the ballot for the April 9, 1980 election. *0 2 i 198G' March 20. 1980 The disaster continues. As the Bond Buyer's Index of tax-exempt bond rates climbed to unprecedented levels and borrowers search for answers, the Carter Administration continues to play politics in the midst of the greatest financial collapse of the past 50 years. The Bond Buyer's Index, at 9.20Z, Indicates a 50Z increase in interest rates in the past seven months. and a corresponding loss in the value of bonds held as investments. The devastating impact of this loss will affect bond markets for years to come. Many borrowers have projects under way with little choice except to proceed with issues at today's rates. In the current market uncertainty, interim financing could be difficult or Impossible to arrange. Prior to committing to project construction. municipal officers should be certain that financing can be arranged. 9.25 9.00 0.75 0.50 0.25 @A0 BOND BUYER'S INDEX OF MUNICIPAL INTEREST RATES i�01101100101JEW 11. in OCT NOW DEC LW PER MAR APR MAY AN AOL RUG EV OCT awry DEC sm FEE MM • An Informatlottat Bulletin of our MUNICIPAL FINANCE DEPARTMENT — .- ... '. - apan ofow full r&Wofmunidpilfinvicingankm - IL Q YartM4 Senior VicePratldent MunldpdF' , Departmatt r rwt aa+arern mrtuto neon. ,urwuo. wr r,to r.or aatwaa towaa .aa ror cl,—Maoar us SUTTLE =$CoP.-Watraae sarne.w..lwawawtos 11aoat8444soo °+� Fae� `!T2w. M' -- •s•��rTr�.rnr, w �r.� I ... �r� �yyi—is..Trrr .. _ _ . ... .�ratr y. . .. .. ,. _ .-w-.,......iL'.cf:..•wT-ii..i. .^..._� , . .. -�ia:�;..- ,v�...�.:f -� ._'.1 *ZPAU[NTATIVS MARGARET BRANSON OISTRIGT 5 gaol �r �#tt#EPo"me Foust of PF"Saddhirs March 25, 1980 TEL. (907) 595.1265 Box 740 COOPER LANDING. ALASKA 99572 WHILK IN JUN[AU POUCH V JUNKAU. ALASKA 99011 e 41 . 1 Mr. Vince O'Reilly Mayor, City of Kenai P.O. Box 850 Kenai, Alaska 99611 Dear Mayor O'Reilly: Thanks for the fine presentation by the city of Kenai. As you know, I support the city's efforts and will do whatever I can to support your legislators. Cordially, Margar Branson Repre ntative MB:mcrs O iif p`�ftl�-�lC�I8�li1P OP T BETTYE FAHR6NKAMP v � ALASKA STATE SENATOR I� FAIRBANKS. ALASKA 99701 4016 EVERGREEN 907.479.3550 �Qi1i�lJr March 28, 1980 h.. �y WHILL IN JUN[AU POUCH V JUNEAU. ALASKA 99011 OFFICE 907.46E-3763 HOME 907-789.9182 Mayor Vince O'Reilly City of Kenai PO Box 580 Kenai, Alaska 99611 Dear Mayor O'Reilly: Many thanks for sending to me the Project List for the City of Kenai. If the larger cities would all do this, it would make our job of scurtinizing the budget a great deal easier. I will keep the booklet available for reference. Thanks again. Sincerely, 4aWlp Bettye ahrenkamp Alaska State Senator SALAMATOFF NATIVE ASSOCIATION, INC. P.O. Box 2682 Kenai, Alaska 99611 Phone 283-7864 March 25, 1980 Vince O'Reilly, Mayor City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mayor O'Reilly: This letter is to show that Salamatoff Native Association, Inc. concurs with Kenai Native Association, Inc in that a meeting should be set up between Kenai :Dative Association, Inc., Salamatoff Native Association, Inc., the City of Kenai, the City of Soldotna, and the Kenai Peninsula Borough, making plans so we can all unite in sup- porting and working towards getting a new Airport on which any of the International flights could land at any time. Sincerely, ?An y Jon on, President ATOFF h TIVE ASSOCIATIU, INC. RAJ:tl ® I■ / KENAI RRE DEPARTMENT CITY OF KENAI BOX 598 • KENAI, ALASKA 99611 March 31, 1980 FIR[ "I[F TO: Honorable Mayor & City Council FROM: W. A. Winston, Fire Chief SUBJECT: Fire Protection for Unprotected Areas For your information - the Kenai Peninsula Fire Chief's Association has offered to work -up recommendations for fire protection in the unprotected areas outside of and adjacent to, existing fire service areas and muni- cipalities for the Kenai Peninsula Borough Assembly. Rest assured that as a member of the Fire Chief's Asso- ciation, I can only inform the others as to the capa- bilities of Kenai's existing fire service and cannot and will not assume to set the City of Kenai's policy as to any involvement in added protection. WAW/mp CITY OF KENAI 6242j04W al 41" P. O. BOX 580 KENAI. ALASKA 99611 TELEPHONE 2$3 • 7535 April 2, 1980 Edward L. Garnett, Esq. P. 0. Box 3331 Kenai, Ak 99611 Re: Airport Lease to John Stoehner & Kristine Stohner Lots 1, 2, and 3 in FBO Subdivision Dear Mr. Garnett: I delivered to your office a copy of my memo to Council dated March 4, 1980, and will not repeat that information here. I am attaching a copy of a letter from Philip W. Bryson, P.E., of Wince-Corthell-Bryson & Freas, relative to feasibility of usage of sewer at the location in question. The City has a lease signed and acknowledged by John Stoehner and Kristine Stoehner dated January.17, 1980,.to the above - described property with a monthly rental due of $852.60 since that date. Although the City met the Stoehners' request for delay of effective date until July 1, 1980, half way by amending the lease to be -effective April 1, 1980, and having same initialed by the Acting City Manager, the Stoehners refused to initial those changes, and therefore I assume the effective date of the lease would be the date it was accepted by the City and signed by the Acting City Manager. At the direction of the City Council I hereby offer to the Stoehners an opportunity to cancel their lease on their payment to the City of $500 to reimburse the City in part for Stoehners' failure to assume the burdens of the leasehold. This is the third time the Stoehners have applied for a lease and then changed their minds - the first time was an application filed by you on August 1, 1978, to an unplatted parcel at the south end of the airport, the second was an application filed May 6, 1979, to Lots 1 and 2 in FBO Sub- division (with a beginning date for proposed development of 1980) which was withdrawn by you by your letter of June 12, I r --�n - ­w. M April 2, 1980 Edward L. Garnett, Esq. Page 2 1979, and the third was this application dated July 26, 1974, (with a beginning date of 1980) submitted by you with a cover letter of the same date and after filing of an application on July 19, 1979, for the same lots by Dean easel and Tom Waterer. Obviously, if the Stoehner lease were upheld, the City would suffer as damages the amount .of rental therefor (at $852.60 per month) from January 17, 1980, until such time as the City would be able to lease said lots 1, 2 and 3 to a new lessee. Even if the lease were not upheld, the City would still have suffered damages because of the Stoehners' application and subsequent withdrawal consisting, in addition to the time of administrative personnel and lawyer in working with this lease application and drafting of lease, of $150 fee paid for appraisal, the loss of rents of at least a month and probably more (at a monthly rental of $823.20) caused by Yeasel and Waterer having to secure a change in their lease from Lots 1, 2 and 3 to Lots 4, 5 and 6 and the delays in planning and approval thereof, and the additional amount of $29.40 per month (the difference between the higher rental for Lot 1 and the other lots) from the date which the Yeasel and Waterer lease would have been entered into had not the Stoehners intervened until such time as the City obtains a new lease to Lots 1, 2 and 3. The City can well understand that difficulty of financing and the dramatic increase in interest rates since this application was filed last summer might well make many projects unfeasible which would normally be very practical, and if this is the reason that the Stoehners wish to withdraw, the City would not hold them to any narrow legal technicalities, however, under any circumstances, the City feels that the Stoehners should reimburse the City for a part of the losses incurred, and for this reason have made the offer to cancel the lease on payment of $500 by the Stoehners - certainly the $10 filing fee is not calculated to serve this purpose. If in view of the situation (and also in view of possible financing through the State which might be secured within a short time), the Stoehners desire to maintain their lease, please see that the Stoehners stop by City Hall to initial the changes in the lease requested by them, pay the rents which are due, and supply a certificate of insurance showing that insurance has been secured in accordance with the terms of the lease with the City as a named insured, with minimum limits as set forth in the lease, and with a 30 day written i i April 2, 1980 Edward L. Garnett, Esq. Page 3 notice of cancellation clause. A prompt response in this matter would be appreciated so that if other possible applicants appear, the City will know whether to reject the applications or to accept them in order to mitigate damages. Sincerely, Ben T. Delahay City Attorney BTD/md Enclosure 0 WINCE C®P THELL BRYSON CONSULTING ENGINEERS March 4, 1980 Keith Kornelis { Public Works Director l City of Kenai Box 580 Kenai, Alaska 99611 Subject: Correspondence from Ed Garnett, concerning lease rejection of Lots 1, 2, 3 FBO Subdivision Dear Keith: ` We have received a copy of correspondence sent to the City questioning the ability of the recently constructed Airport Way sewer to serve adjacent prop- erties; more specifically Lots 1, 2, 3 FBO Subdivision. I feel the generalization cited in the subject letter is erroneous, and out of context, for the following reasons: - There are a number of criteria that govern establishment of the vertical location for'sewers, among which are existing point of discharge, anticipated type of development, subsurface conditions (including water table), costs, weather, lot configuration, etc. - That portion of FBO Subdivision fronting on the apron, and specifi- cally the subject parcels, are characterized by very deep lots with a high water table. It was assumed early in the project, and dis- cussed with the administration, that the sewer would be primarily for buildings adjacent to Willow Street, and could marginally serve ' others. i - Mr. Stoehner came into our office several months ago and inquired as to the sewer depth at the subject lot frontage. At that time he was Informed that the sewer had approximately seven feet of cover where it was adjacent to his property. This depth is quite satisfactory for service (even for the deeper lots), provides adequate cover for Insulation, and will not interfere with standard building foundations. It is unfortunate that Mr. Garnett apparently did not discuss this subject with his client, W. Stoehner, prior to submitting his written comments. If you have any questions, please contact our office at your earliest convenience. Very truly yours, WINCE-CORTKELL-BRYSON & FREAS tt 1hillipW1. Bryson, P. E. BOX 1041 KENAI,ALASKA 99611 PHONE t9077283-4572 . H 1. City Manager Report A. tXpla nation of the Rainier lease Tor tract 5 - aaaition to Co�k Inlet Industries Air Park and P & Z request to give Rainier first right of refusal. B. Authorization to sign application for Title 5 workers for the Senior Citizens Center. C. DOT/PF correspendence concerning Willow Street maintenance during State construction. D. Discussion concerning addition to Airport Terminal by Gate 54. i 1 , 1 IL -:... - CITY OF KENAI r 7 � April 2, 1980 MEMO TO: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public Works/Acting City Manager SUBJECT: Rainier Fund's Concept Lease Application for FAA lands lying at the corner of Airport Way and the Kenai Spur Attached is a list of correspondence concerning Rainier Fund's concept lease application with the City of Kenai. Their application was originally filed on October 31, 1980 and was for the land lying at the corner of Airport Way and the Kenai Spur Highway. Rainier Fund has recently expressed continued interest in this property and still is contemplating the construction of a shopping center. It appears that the City has not continued to follow through with the platting, etc., and obtaining the release of the land from the FAA. Thus the City Administration has been asked by the Kenai Advisory Planning and Zoning Commission to assure the Rainier Fund that they have the first right of refusal until such time as it can be determined that the land will or will not be released and the City.can work toward finalizing a lease with Rainier Fund. Concept Lease Application - Rainier Fund, Airport Land lying at the intersection of Airport Way and the Kenai Spur Highway. October 31, 1978 The City received a letter dated October 27, 1978 from Rainier Fund expressing their desire to build a shopping center in Kenai along with a concept lease application form for the land lying between Airport Way and the Kenai Spur Highway. October 31, 1978 A letter was sent by the City to Mr. L. Norton Carlson, Rainier Fund, requesting a $10 filing fee to complete their application. They were informed that the City was preparing to go out for bid for the realignment of Airport Way including water and sewer. Approximately the same time they were to meet on platting the ---- area in question to be acceptable in April, 1979. December 11, 1978 The City received a letter from L. Norton Carlson with the $10 filing fee enclosed. The company stated that it was aware Alpetco had decided on Valdez as their site but they were still interested in developing a shopping center. December 13, 1978 The Planning and Zoning Commission met regarding the concept lease application with Doug Keating from Peninsula Realty present representing, the _ Rainier Fund. fir. Wise, -City Manager, stated that the area was as yet unplatted and unreleased Airport Lands that must be platted and appraised for use. Spring, 1979 Mike McLane, Surveyor, was asked to plat the requested land and come up with a legal description. It appears that he was asked to do this twice as the City was undecided as to where Airport Way would be constructed. There was a holdup during this time which lasted until late spring as the State debated approval of the realignment of Airport Way with Walker Lane. Mr. McLane stated that no survey work could be done until the City decided as to where the road would be constructed. Approval for the realignment came late in the spring and it was approximately this time that John Wise left the City. There was no further follow up done by the City Administration regarding giving the surveyor the O.K. to continue with the platting, etc. and working with Rainier Fund to come up with an acceptable lot. a/2/80 I _ d i A 7 ` J Concept Lease Application/Rainier Fund Page 2 April 13, 1979 John Wise sent a letter to Mr. Dave Simpson, FAA requesting a Deed of Release. This included an appraisal, the concept lease application, and the City Council Resolution 79-28 requesting release by the FAA of certain Airport Lands. The City did not receive an answer. July 30, 1979 The City received a letter from Doug Keating, Peninsula Realty, questioning the status of the Rainier Fund application. August 9, 1979 The City sent letters to all pending lease applicants to attempt to bring them up to date. Doug Keating was sent a letter but the letter mistakenly referred'to Bradley and Asso. lease application and not Rainier Fund. Apparently, Rainier Fund ignored this letter as it incorrectly referred to another company. They were still waiting for the City to complete the platting, etc. February 26, 1980 Charles Brown, Acting City Manager, sent a letter to Paul Larson, FAA, restating the City's request for release of this parcel of land. Mr. Keating had contacted the City asking for a status report of their application. Mr. Brown had been to Anchorage previously this month to discuss this request for release with Mr. Larson. Mr. Larson at that time stated that he remembered receiving John Wise's letter but that no action had been taken as they had heard Mr. Wise had left the City. He -further expressed doubt that the FAA would release this land at this time. No reason was given and shortly after,Charles Brown sent the above February 26, 1980 letter. No written response has been received by the City. 4/2/80 V w CITY OF KENAI „Od ear" 4 4",, P. O. BOX $00 KENAI. ALASKA 99611 TELEPHONE 283 • 753S February 26, 1980 Paul Larson Chief, Planning & Programs Branch Airports Division Department of Transportation Federal Aviation Adminrstrdtion Box 14 Anchorage, Alaska 92513 Dear Mr. Larson, After our discussion in your office a few days ago concerning release of Tract B at the corner of'Airport Drive and the Spur Highway, we have lo- cated correspondence to your office from John Wise requesting release of these lands. A copy of his letter dated,April 13,1979 is enclosed, along with a plat of the area, I also want to note that Airport Drive, as it appears on the plat, is as it has been relocated. -It is my information that a.more detailed survey should be completed later, should you release these lands to the City. I am also sending Council Resolution No. 79-28, although you should have this on file according to Mr. Wise's letter..'The concept lease application we have is to build a retail shopping center qn a portion of Tract B. Al Our request is that you consider releasing Tract B to the City, persuant s ! to Mr. Wise's request of April 13, 1979, i .. Sincerely, i a. CAB:kh :I Enclosures �• r� :1 1 1 . 1: • i 1' f IS j1^ Y�• 1 �!Jr�: 1 •I I. Charles A. Brown Acting City Manager aa.. t i. j April 13, 1979 1 fir Dave Simpson, Chief Airoorts Division Department of Transportation Federal Aviation Administration 701 C Street Post office Sox 14 Anchorage, Alaska 99513 RE DEED OF RELEASE REQUEST Dear Mr Simpson The City of Kenai hereby requests a Deed of Release as described below. 1 Reference Quitclaim Deed dated December 1, 1963 for certain lands to the City of Kenai, issued by GSA pursuant to the Federal Property and Administrative Service Act of 1944 and Surplus Property Act of 1944, as amended. 2 Action Requested A Deed of Release of a certain tract described herein from provisions of subparagraph six (6) of the Quitclaim Deed. 3 Reason for Request To enable the Kenai Municipal Airport System to place the certain tract in a revenue -producing status. 4 Justification This certain tract of land lies unused and is currently of no economic value to the Kenai Airport System. This tract is not contiguous to the area of aeronautical activities of the Airport, and, therefore, is not susceptible to such use. The toaster Plan clearly establishes this land as not required for aeronautical purposes. — 5 Tract Description See plat and legal description attached to Resolution 19-28. 6 Current Use None 7 Proposed Use General Commercial 1 8 Appraised Value $1,819,091.40 i 0 s March 27, 1979 - page 2 ' t Mr Dave Simoson t 9 Use of Proceeds Dedication by Resolution 79-28 to the Airport system. S 10 Special Language Requested None - language of Deeds of D-2 and D-3 is appropriate. The City of Kenai, on behalf of the Kenai Municipal Airport System, intends to lease or sell the tract. Leases or sale deeds will include provisions for the following. 1 Public right of flight of aircraft over the tract. 2 Restrictions prohibiting the erection of structures of growth of •� natural objects that would constitute an obstruction to navigation. 3 Restriction of any activity in the tract that would interfere with, or be a hazard to, the flight of aircraft. 4 Incorporating Title VI, Civil Rights Assurance Obligations into all leases. This tract is zoned General Commercial. The following enclosures are provided: 1 Appraiser's Report - Frykholm Real Estate Appraisal 2 Concept Lease Application - The Rainier Fund 3 City Council Resolution - including plat with metes and bounds of the tract If you require any additional information, please do not hesitate to contact me. Sincerely t John E Wise City Manager JEW/pw .I Enclosures A/S 4 CITY OF KENAI RESOLUTION NO 79--28 to A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA REQUESTING THE RELEASE BY THE FAA OF CERTAIN AIRPORT LANDS. WHEREAS, the City of Kenai received a quitclaim deed from the United States of America on December 1, 1963 for the Kenai Airport which contains, among other property, a parcel of land described on the attached Exhibit A, and WHEREASr the City wishes to lease or sell this land for commercial development, and WHEREAS, the City can by leasing or selling this land, encourage development which will contribute revenue to the airport, and WHEREAS, the proceeds of the lease or sale of such land are required to be devoted exclusively to the development, improvement, operation or maintenance of the Kenai Airport, and WHEREAS, the Federal Aviation Administration of the United States of America can through "DEED OF RELEASE" release the City of Kenai from certain restrictions of the above --named Quitclaim Deed, and WHEREAS, as a condition of the release, the Federal Aviation Administration will require that the instrument of conveyance include the following conditionst A There is hereby reserved to the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or landing at, taking off from or operating on the Kenai Airport. B The Grantee by accepting this conveyance expressly agrees for itself, successors, and assigns that it will not erect nor permit the erection of any structure or object nor permit the i growth of any tree on the land conveyed hereunder which would be an airport obstruction. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on ! the land conveyed hereunder, and to remove the offending structure or object and to cut the offending tree, all of which shall be at the expense of the grantee. s'. El • RESOLUTION NO 79-28, Page Two C The Grantee,by accepting this conveyance, expressly agrees for itself, successors - and assigns that it will not make use of said property in any manner which might interfere with the landing and taking off of aircraft from said Kenai Airport or otherwise constitute an airport hazard. In the event the aforesaid covenant is breached, the City of Kenai reserves the right to enter on the land conveyed hereunder and cause the abatement of such interference at the expense of the Grantee. NOW, TFY..REFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that- 1 The City, Manager he and hereby is authorized to submit a request to the Federal Aviation Administration for a determination as required under Subparagraph (6) of the said quitclaim Deed and further request a release from the terms, conditions, reservations and restrictions for the tract of land described in Exhibit A which is attached hereto and incorporated herein by reference. 2 The City Manager be and hereby is directed to furnish all information required by the Federal.Aviation Administration to support the request. 3 Instruments of conveyance shall contain the specific conditions described as "A," "B" and "C" above. 4 Any revenues received from conveyance of sale or lease of lots in the tract of land described in Exhibit "A" shall be dedicated for the development; improvement, operation or maintenance of the Kenai Airport. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of May 1979, ATTEST: il Sue C Peter, City Clerk INCENT O R .IL Y?11:'W I CURVE DATA Ii°133fi 40°IY40`• 17°5329r 8°3BOd° d RAO 410.12 . ►432.40 7382.40 1632.40 ARC 3303.2/ C 0 990.69 4003 Z39L0 TAM 1e320 527.89 249.36 710.17 C#TY- ® Y U\ILL- Co. �(QQ33 32 T ® B,QS/s L-3 Brt 1Zr4100-E 100.00 PIP TRUE POINT OF BEGINNING hgt�,4i• Pit (7 � Q •r a� • , \ eao�i� � �y Q g%RAcr A bti� %41 ® (Pierx><I311 deeded V as OCor►lon Of blab \•Yt i Q Tfoct D-3) 4. / J (irac'WingR/W) �C 5-347AC• 27lSD AC. (including R/W) (excluding Z4.482 AC (excluding R/W) ' 4�y0h t - ysy St. -So' a s 280 s3303s'42'E $0.00 a Radial 32 / e LEGAL DESCRlP oN KENAI SPURI-AIRIFORT v� LEASE PROP. 1� / Q / Cos ..Ak. ,g from the i3*3112n ted lout / CoS.'1.,,1k.. thence indus !i al Ai 26'1! iG4G. Cook rue p Industrial Air P.{rk. hth i t++e true point of LCCinnino of thin the the P.C. of a 460.12 ft radius central anale of lth the n 111.12 f• of intersection with the liootheriy : • Highway on a 1582.40 ft. radius cur, thence in a southwesterly /lirectiol courses: Thence through a central I said curve. thence S 33.361/12• E SO to a point on a 1532.40 ft. radius i thence in a southwesterly direction / \ 239.115 ft. alonn the arc of said cA CITY OF KENAI "od eat 4 4" P. O. SOX $80 KENAI. ALASKA 99611 TELEPHONE 2*3 • 7S35 April 2. 1980 TO: Council FROM: Keith Kornelis Acting City Manager This is a request to let Keith Kornelis, Acting City Manager, sign for application for Title 5 workers for the Senior Citizens Center. There are three positions involved: Drivers Assistant Cooks Assistant " .. . Records Clerk .a , Total amount of grant - $29,944.00. There are no matching funds needed by the City. •• .� SUBPROJECT SPONSOR City of ,Kenai_, I DTI LOYER 1DE`:TIFICATION . I TOTAT ` i 1•>.n: TOTAL HOURLY RS (� ::EKE TOTAL TOT:,: _:o:::: AMOUNT OF ' .:D R46TE PER p :: BLE , SALn.RY { F--I::i= 0= I SALARY I LO% zTIC:' 0, ;=1E VEEK ( I� .: B:_.-F-- i RTI:---3 .'D 5- - BENEFITS J _- - 20.18% +1 _ Driver's Assistant 14.60 25 52 S5.980 S70019 { 20.187. +! i Cook's Assistant 4.85 25 52 6,305 $7 019 3,744 10 4 I 20.18% + Clerk 5.10 25 ( 52 6.630 IZ7-019 3 1 { # i i l 1 i i.eave _ aa,vty FRINGE BENEFITS (Bud¢eted)*: Retirement 8.57% FIC:i (.19A-0 limit 525,900 .3 6.13R: 1981 limit 539, 700 6.65',) o "� S;OR:Z;EN`S CO`iPENSATION . . . . (may differ for type position ) 3-72 ESC 7-nn HE.UIP INSURANCE Sfi,QOtL-- or S per r..o to TOIALg0 18% + NOTE: Please consult with ;our Fiscal Officer/accountant .or the Fringe Benefit and gage Rate. * -- to amo-mit a: fringe bet:oil's paid -rust be ^n Fi^.:+acid'_ Reports sitbi'itted AI P! r St:SI'1' Itl'Itl.la' City Of Kenai - •-• • t:rattt Period July 1, 1980 thru June 30, 1981 11'I'lll�l: F.ItiRttl.l.l.l•: tat::f:: 11t. r t sl iun Auunutt '1'tYl'A1. U.F.C. . . . . . . . BUIXA."r 7YYI A ti W:sge% $ 18,915.00 � Fri igv lk-nef Its S 11,029.00 Other I:urul lec Costs Total I-uud.; Itaptiest. A $ 29,944.00 N—Klsul :t:ctc:is $996.00 7 CITY OF KENAI "Od eat-dW a/ 4"alf-I P. O. BOX $80 KENAI, ALASKA 99611 TELEPHONE 283 . 7535 August 7, 1979 Alaska Dept. of Transportation Attention: Guy Green 4111 Aviation Avenue, Pouch 6900 Anchorage, Alaska 99502 Re: Willow Street Construction, Kenai, Alaska Dear Mr. Green: It is very unfortunate that this project is going out for bid so late in the year. Because of the seasonal construction restraints of the area, it is very doubtful that this project will be completed this year. I have not received a final set of drawings or specifications on the project and, of course, the City of Kenai is very much interested in reviewing them. Could you please send me a set at the above address. The City is very concerned as to what kind of shape this road will be in this winter and early spring. If the Contractor on this project starts this year, there should be something in the Contract Specifications concerning maintenance throughout the winter, spring, and until the project has been completed. I am hopeful that this is covered in your specifications. This improvement is of great importance to the City of Kenai, and we are very appreciative of the project. Sincerely, 4;''"e KEITH KORhELIS, Director Department of Public Works KK/jet E 4 JAY S HAMMOND, COVERNOR DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES / 41It IATIONAVENUE HIGHWAYS DESIGN AND CONSTRUCTION CENTRAL REGION i E6900 LEX 25-1851LASKA 99502 August 29, 1979 RE: 245C-2532 Project SOS-1(019) Willow Street, Kenai I Mr. Keith Kornelis, Director It,�&',,,II'''� Department of Public Works City of Kenai Q;si1 P.O. Box 580 pf KEs`AZ Kenai, Alaska 99611 ^"'C �,roT 11C P1t3L"' Dear Mr. Kornelis: Transmitted herewith are the Willow Street plans and special provisions. It is uncertain if the contractor will begin work this season. The contract award has not been made; however, the apparent low bidder is Quality Asphalt. Contract provisions require that winter maintenance will not be performed by the contractor. Prior to the project being accepted for winter maintenance, an inspection will be conducted to assure maintainability of the project. Our Project Engineer will contact your office prior to this inspection and you will be afforded the opportunity to participate and comment. If you have any additional questions, you may contact our Project Engineer. We have tentatively assigned Leroy Godes as Project Engineer. The project office will be established when the con- tractor begins work. Until then, you may call the Regional Construction Office in Anchorage at 266-1533. .Since ely, ^ �, Rowe D. Redick Central Regional Highway Engineering Chief Enclosures as stated. i Z6A-T161M t` 0 - 0 r] CITY OF KENAI Vd Cap" c4 4" P. O. BOX" 580 KENAI. ALASKA 99611 TELEPHONE 263 . 7535 September 7, 1979 Air. Dean Reddick Alaska Department of Transportation Pouch 6900 Anchorage, Alaska 99502 Re: Willow Street Kenai SOS - 1(019) Dear Mr. Reddick: The Council of the City of Kenai is very disturbed that Willow Street may be in a state of repair throughout the winter and spring breakup. It is regretable that this project was bid so late in the construction season. Willow Street is a City street which is maintained by the City of Kenai's maintenance crews. Please notify the Kenai Public Works Department of the date.that the street needs to be turned over to the Alaska State Department of Transportation for this project. The City of Kenai will not maintain Willow Street from the construction start date to the final completion of the project. If this project starts this construction season and is not completed until next year, please make arrangements for maintenance of Willow Street between the two construction periods. Please feel free to contact Keith Kornelis, Public Works Director, or myself at any time.concerning this. Sincerely, Charles Brown Acting City Manager KK/jet 9 C DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES HIGHWAYS DESIGN & CONSTRUCTION CENTRAL REGION �I JAY 5 HAMMOND, COVERMOR 4111 AVIA T/ON AVENUE POUCH 6900 ANCHORAGE, ALASKA 99502 (TELEX 25.185I September 20, 1979 RE: Project SOS-1(019) Willow Street Kenai . r- Charles Brown Acting City Manager City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mr. Brown: Bids for the Willow Street project were opened on August 23, 1979 and the low bidder was Quality Asphalt. Attached is a copy of the "Compilation of Bids". Although the contract award has not been made we have had pre- liminary discussions with the contractor concerning his con- struction schedule. A detailed schedule will be presented to the State at the Pre -Construction conference which has not been set as yet, but when a date has been set, we will notify Keith Kornelis so he can attend.. The contractor indicates an intent to install this year, as much of the underground storm sewer, including the out fall along ridalgo, as weather and other conditions permit. They have been advised and they agree that any bituminous pavement removed for storm sewer installation will be replaced prior to winter shutdown of their operations. Prior to winter shutdown by the contractor an inspection of the roadway will be made and any deficiencies will be corrected by the contractor. The City of Kenai will be invited to at- tend and participate in the inspection. Once operations by the contractor commence this fall he will be responsible for maintenance of the roadway portion under construction. After winter shutdown and acceptance by the pro- ject engineer of any corrective work necessary, we will expect the City of Kenai to resume it's normal maintenance of Willow Street. The State does not have funding budgeted that would al- low it to assume maintenance over the winter months and until construction resumes in 1980. ' 25A-T16LM s Letter -2- September 20, 1979 Charles Bros -in If you have any reservations or serious objections to main- tenance of Willow Street over the winter please contact me at 266-1500 and we can arrange for a meeting to discuss our mut- ual problems. Si -erel� �� /� D. P. Z& c Central Region Highway Engineering Chief Attachments as stated. ' Pro ect <Os-lfolql Open of n,"l Certified True and Correct STATE OF A L A S K A By R. D. Shupray. ., tyCorsnissfoner J%�.•..-•� Location :IltOu si._ET, KEfiAI Design and Construction Thwas H. Stanley Deportment of Transportation Chief, Engineering Services Type :':1 and Public Facilities Date August 23, 1079 Dimension o.en m'1+. Com ilcd by DES Chockod by DUE5 Name Engineers Quality Asphalt Spruce Construction norcon Inc. Contractor Compilation of Bids Paving Inc. Inc. 4457 Business Park Address Estimate 1711 E?st 82nd Ave. 8210 Hartzel Road Blvd. Brown Construction C, -ichorage. AK 99107 Anchorage, Ar. 99LO7 Anchorage, AK 99503 Inc. P.O. Box 1313 Unit Unit Unit renai, Ala9.a 99611 •em Appro: Unit No. ITEM Ouonfity UNIT Pace AMOUNT Pace AMOUNT Price AMOUNT Price AMOUNT Total Bid 1-24.f,M.2u 3 Farnishing and Vaintaining E•.:ineerin.t Facilities All ",a;'d Lump Sun L.S. S 5.000.00 L.S. 15.000.00 L.S. 10,000.0t L.S. 5.00DAO Contractor Sheet of Sheets 1 3 v All lure L S 70 000 00 L S. 25 000.ft L.S. 40,000.00 R L1 C E i V E D 'obi,iration Pea d Sun E.S. 70.100.00 ' ..1(1) Tcrworary Erosion and Polluticr Control All Read Cont. S-in C.S. 1 2,500.00 C.S. 2.500.00 C.S. 2,500.0(1 C.S. 2,500.00 Total Bid '.:2(I) Trah,inq Prolra-n in Accordance •ith Fval Intr:rir.. Prler 7-2(23 All :ea'd Cent. Sun C.S. EOO.CO C.S. E00.00 C.S. 800.0( C.S. E00.00 Contractor i'3fl) ftaiainq PAll d eq'Construction Cont.Sul 22 30 4.400.00 M.H. 4.400.00 H.H. 4,400.0( H.H. 4.400.00 : Engineering by tte Contractor All Lunp L.S. 30,000.00 L.S. 30,000.01 L.S. 33.000.00 Total Bid— -.(I) Pe4'd Sun L.S. 40.0.00 115(1) Traffic Maintenance All Reo'd Wnp Sup L.S. 15,000.00 L.S. 5.000.00 � .S. 20.000.0 L.S. 20,000.00 Contractor ' Per.,val and Disposal of Linear .2 W Culvert Pipe 212 foci 5 )O i,060.CO 8 30 1.696.00 5 00 1.060.0 10 OD 2.120.00 3enoval of Inlets 3 Each 200 31 600.00 500-10 1,500.00 500 00 1,600.01 30C 00 900.00 Total Bid - 72(9) Pe• -oral of Curb and Sutter 567.5 linear Foot 3 00 1,702.50 2 GO 1,135.00 5 00 2,837.5( 5 00 2,83T.50 Contractor Cubic '13(3) Unclassified C.cavation 22,736 card 3 00 63,214.00 2 .0 45.476.00 f 3100 68.214.01 3 90 98.678.20 3 (69) Selected to erials ' t 14.978 Ton 5 '10 74 890.00 4 0 59.912.00) 6 00 89,868.01 2 90 133.304.20 Total Bid CEW t e..::G•rr v ' .J_Ch.el _i Sk: GTE O. zip• t�yr •_ •.es 1__ _ E• �r Quo Plant 1 E —emo- 1 .Is E-qr Cary }M • MO.- - Car:: 3?1(1) i Crushed Aggregate Base Course 9.:64 Ton 8 M 74 912.00 10 i0 93.640.00 12 00 112,363.0( 17 00 159.188.00 000111 ctOf .• I 1310) Hot Asphalt Pa.ement 4.137 Ton 37 0 153.069.00 (40 06 165.480.00 40 00 165.480.0• 42 00 173,754.00 '(C-30 Liquid ':,r.alt for Prime Total Bid Coat 0.2 Ton c 250 /0 7 550.00 300 9,060.00 300 00 9,060.0 22t 00 6,644.00 r 33 12A) I 12-loch t•;e :sr,duit E51 linear Foot 15 10 12 915.00 15 D 12.915.00 20 00 17,220. 2( 00 17.220.00 Contractor J, a 1 T f.t Ail nm,` *= � Proloct OP11, of Certified True and Correct Type *:, I Dole and Public Facilities Unit AMOUNT Unit AMOUNT Unit AMOUNT ASM ITEM Approl UNIT Unit AMOUNT No. lQuontily Price Price Pf ice Price Total Lin' ar 13-inch Reinforced Plastic Linear Linw STATE OF ALASKA Department of Transportation and Public Facilities Compilation of Bids Pro ect ;Ds-1(019) 0 en at Couglas, Alata By . R. D. Shmzray, Deputy Co,nuissioner Design and Construction Date AuCust 23 1919 Com ilad by DES Checked by DES Certified True and Correct �� % ��>✓�....: 17 Thomas H. St.anley Chief, Engir.certng Services Sheet of Sheett 3 3 Location :tILL04 STREET, KENAt T 8 4'41 Ofrners,on 0.811 Vile Name Address E n inners 9 Estimate Quality Asphalt Paving Inc. 1711 Eat 82nd Ave. Anchorage. Ak 99507 Unit Price AMOUNT Spruce Construction Inc. 8210 Hartzel Road Anchorage, Ak 99507 Unit Price AMOUNT tlorcon Inc. 4452 Business Park Blvd. Anchorage. Ak 99503 Unit price AMOiiNT Contractor Bresan Ccnst. Co. Inc. P.O. Box 1313 Kenai, Alaska 95611 Total Bid.l•n94,n2,,.iU Item No. ITEM Approx Otiont,ty UNIT Unit Pace AMOUNT 62T;1) aaering 400 „1 Gallen 12 00 $ 4,800.30 15 OC 6.000.0( 3, Or 12.000.00 15 00 6.000.01 Contractor Total Bid 635111) Insulation Board 0.44 H.F.B.H 500 001 220.00 6,000 00 2.200.00 1,001 00 440.00 1.000 00 440.00 6:3i1) fainted Traffic 1!ariings All ?ey'd Luvp Sum L.S. 6,000.70 L.S. 10,000.0 L.S. 1 15,000.00 L.S. 7,000.G0 Contractor Total Bid -07-L 1,110J11' BASIC Pt0 S 915,723JO 914,952.0 ,054,872.50 1 097 220.9' Scheljle of Supple'rr-ital Work Contractor Total Bid E60131 Highnay Lighting Systea Alt Req'd Lump Su:n L.S. S 135.000.10 170.00O.Of 150.000.00 100,000.0 Contractor Total Bid Contractor Total Bid Contractor l� -0d Capdal oi 41a.44all P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 November 2, 1979 State of Alaska Department of Transportation & Pub. Facilities Attention: Leroy Godes, Project Engineer Box 1127 Soldotna, Alaska 99669 } Dear Mr. Godes: We have inspected the patching on the Willow Street project ' n maintenance during the construction interim, for street m g Winter 1979-80. The road is in acceptable condition; however, there are some clean up items to be completed as follows: 1. Remove used sewer service pipes from Airport Terminal. 2. Seal cracks caused by -construction at Ron's Rental parking lot. .' 3. Replace gravel topping at Kenai Aviation parking lot. 4. Provide minimum 12" cover for curb inlets and dress up fill material. S. Remove waste asphalt -from various locations on construction site. :,..I Fidalgo Avenue has had the asphalt surface removed and has not been resurfaced. It is our understanding that the Contractor intends to repave Fidalgo Avenue to the original conditions when construction resumes in April, 1980. We approve of this plan. It is our hope that the berm of overburden along Fidalgo will be removed from the site i.hen construction resumes. We appreciate the opportunity you have given us to provide input ' fi- on this project and are satisfied with progress to this stage. f Sincerely, 0 ­ -I CITY vF KENAI -0d Cap" c4 4ia� P. O. BOX $80 KENAI, ALASKA "611 TELEPHONE 283 - 7535 November 13, 1979 State of Alaska Department of Transportation Attention: Rowe D. Redick 4111 Aviation Avenue Pouch 6900 Anchorage, AK 99502 Dear Mr. Redick: It looks as though what I was afraid might happen has happened to Willow Street in Kenai. Evidently, the contractor has finished his work on the project for this construction season. Unfortunately, he did a very poor job of patching the areas torn up in the construction. The contractor did not use a pavement saw when he removed the pavement for installation of the storm sewer and there are large potholes running along the length of the pavement break. I don't know what type of material that he used in patching on Willow Street but it is not holding up at all. There are numerous large potholes and the new portion of the road is torn up badly. During the pre - construction conference, there was a verbal agreement -that the contractor would provide the City with a stockpile of cold mix for repairing such potholes. The City of Kenai has not received this stockpile and is very much in need of it. The City of Kenai has received numerous complaints concerning the condition of Willow Street. These complaints have come both from the citizens and the property owners along Willow Street. The property owner complaints included cracks caused by construction at Ron's Rental parking lot and removal of gravel surface at Kenai Aviation parking lot. Both these items were pointed out to the project engineer by Bill Nelson, City of Kenai Engineer during the street maintenance inspection. There have been some complaints received concerning the decision that the State arrived at in settling the conflict of where the storm drainage system intercepted the sewer service lines. Some cases the sanitary sewer was drastically changed to miss the storm drainage system and in other cases the storm drain culvert was actually reduced in half so that the sanitary sewer line could pass through it. 0 c ,a JIJ I.L ui Nlu�ri:l Page 2 November 13, 1979 Willow Street is presently in a very poor state of repair. It is very apparent that the situation will deteriorate even more this spring at breakup. The small stockpile of cold mix would be helpful. v Sincerely, Keith Kornelis, Director Department of Public Works KK/jet 1W JAY I MANNOND. 601TONO 41 It TION A VENUE DEPARTMENT OF TRANSPORTATION AND PUBLIC FACILITIES POUCA VIAH 69W AN, ALASKA 9902 CENTRAL REGION fTECHLEXORAGE25-185) November 21, 1979 riumv3D 7 LUV CF KZXAT Keith Kornalis, Director rPt ng plov, r Department of Public Works City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Dear Mr. Kornelis: Efforts to contact Mr. Gordon Hayes of Quality Asphalt Paving Inc. by telephone have failed. It appears that the contractor's people are out of town at this time. However, I shall continue in my efforts to reach them and advise them of the condition of the pavement on Willow Street. In the meantime, I have written Mr. Hayes a letter and requested they deliver a supply of cold mix to Kenai for your use in maintaining the street. In the letter, I reminded Mr. Hayes that he had assured Bill Nelson they would deliver a small pile of cold mix to the City of Kenai for Willow Street maintenance during the winter. In view of the approaching holiday, I seriously doubt any action will be forthcoming before next week. As soon as I have any information from the contractor, I will telephone you so you will know when the problem will be resolved. Thank you for your patience. Incidently, the patching was done with hot mix supplied by Artie Asphalt Paving, Inc. of Soldotna. Yours truly, Leroy P. Godes Project Engineer LPG:m1 2GA-TIGLH Im April 2, 1980 MEMO �. 7y Cr-4 r �i'i' uF KENAi "Dll Cap" 4 y!"„ P. O. BOX 580 KENAI. ALASKA 99611 TELEPHONE 283 • 7636 TO: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public Works/Acting City Manager SUBJECT: Possible Additions to Council Meeting of April 2, 1980 Unfortunately, a few items were left off the agenda, and I would like to request that they be added to the agenda if acceptable to the Council. Under B." - Public Hearings B. 3 Resolution 80-54 - Changes on Kenai Street Names This Resolution has been advertised for Public Hearing to get input on street names. The Resolution, however, should be postponed AFTER the public hearing since our present Ordinance designating the direction streets and avenues run is presently being changed (Ordinance 558-80 does not become effective until May 16, 1980) and if , passed we would be in violation -of our own Ordinance. Under G. - New Business ��- G. 20 Resolution 80-55 - Transfer of Funds - Senior Citizen's Project T �I This is to transfer $1,400 from engineering to construction for project costs. R G. 21 Ordinance 560-80 - Appropriating $590 for Senior Citizen's Proj. This is to cover additional costs over our budjeted amount. G. 2& USKH Bill - Topo - $33,345 i f a I 1 CITY OF KENAI RESOLUTION NO. 80-54 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA CHANGING THE NAMES OF CERTAIN EXISTING STREETS AND NAMING CERTAIN NEWLY ESTABLISHED STREETS. WHEREAS, Section 14.15.140 of the Kenai Code authorizes the Council of the City of Kenai to name and rename streets, and WHEREAS, certain ambiguities exist on certain existing street names resulting in confusion for police, fire, and ambulance response to emergency calls, and WHEREAS, certain streets have not yet been named according to Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1 - That the street names be changed and/or established according to the attached Exhibit "A" and that said names be incorporated on the Master Street Plan. Section 2 - That the City of Kenai's Public Works Department keep and update a Master Street Plan drawing that includes all roads that are accepted and maintained within the City of Kenai and that such roads on the drawing will be considered the official names of these roads. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 21st day of May, 1980. ATTEST: • anet a an, City Clerk Vincent O'Reilly, ayor a T CITY OF KENAI RESOLUTION NO. 80-54 Exhibit "A" Street Name Changes Change Easy Street - Kaknu Place Primrose Avenue Spruce Avenue Spruce Drive Sandpiper Court Broadway Court Redoubt Way F Street M Street U Street 2nd Avenue 13th Ave.iue 16th Avenue 17th Avenue (VIP) 17th Avenue (Dragnet) 19th Avenue 8Sth Avenue c Unnamed '.i Unnamed .(VIP) �f 'y .r i i } 1 ,r •'r1r._ To Kiana Lane Kulila Place East Aliak Drive Wildrose Avenue Kiana Lane Kittiwake Court Nikolai Place Attla Way Fox Avenue Mink Avenue Muir Avenue Ketch Street VIP Drive Deepwood Court Bowpicker Lane Royal Street Dolly Varden Street Chisik Street North Strawberry Road Baleen Avenue J CITY OF KENAI RESOLUTION NO. 80-55 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE ADDITION iTO FORT KENAY CAPITAL PROJECT FUND: From: Basic Engineering ($1,400) - - To: Construction $1,400 This transfer is needed to provide monies in the proper line item of expense to award the construction bid to Timberline Industries, Inc. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk I Approved by Finance:, i -1I I CITY OF KENAI ORDINANCE NO. 560-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "ADDITION TO FORT KENAY" BY $590. WHEREAS, the addition to Fort Kenay Capital Project Fund is in need of an additional $590 in order to award the construction bid to Timberline Industries, Inc., and WHEREAS, there are sufficient monies within the Capital Improvement Special Revenue Fund, which monies have been dedicated by Ordinance No. 341-77 exclusively to capital improvements with a life expectancy of not less than 20 years, to fund this additional appropriation, and WHEREAS, this capital improvement is deemed to be desirable and to meet the criteria as set out by Ordinance No. 341-77, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations be increased as follows: CAPITAL IMPROVEMENT SPECIAL REVENUE FUND Increase Estimated Revenues: Appropriation from Fund Balance $590 Increase Appropriations: Transfer to Capital Projects $590 ADDITION TO FORT KENAY CAPITAL PROJECT FUND Increase Estimated Revenues: Transfer from Capital Improvement Fund $590 j Increase Appropriations: Construction $590 Ord. 560-80, Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: L`S First Reading: April 2, 1980 Second Reading: April 2, 1980 Effective Date: April 2, 1980 . +1 .:J UNWIN • SCHEBEN • KORYNTA • HUETTL 2515 A STREET ANCHORAGE, AK. 99503 278-4245 ._ •'. �•.•;-v von? n rt .1 :•`, / a•�� ,. `O40 ErW• .%.e _ o,� AIA G a �13, Gt "� TERM 1Vj% per month service charge on all past Cue accounts. To avoid additional service charge, pay balance due within 15 days of the date of the bitting. in .i,, --- -- -•—*Please MUM yellow copy with payment. s, 1 f - � I E t.. t r Yf i 1 r� r' t -r-- � t 4 T- .- - .-, - ­4 F"', 0 SID