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Home My WebLink About1980-04-16 Council PacketKenai City Council Meeting Packet April 16, 1980 e=> -- El AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 16, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS a�- ✓l. Ordinance 557-00, Establishing Capital Project Fund - Bidarka, Barnacle & Fidalgo Streets - $51,000 /2. Ordinance 558-80, Amending Title 14, 15.010 ` Numbering Buildings; Uniform Numbering System 4 ✓3. Ordinance 559-80, Amending Code to Provide Authority to City Attorney to Correct Minor Errors in Code ✓4. Changes to Facilities Plant (Interceptor Line) C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Doris Lashley - Serendipity Enterprises D. 7NUTES ,/ . Corrected Minutes of February 6, 1960 Minutes of Regular Meeting - March 19, 198C E. CORRESPONDENCE 'X1. Lloyd b Hazel Dyer - Lease Extension-Etolin Subdivision �2. Leo Oberts - Water Damage on Road F. OLD BUSINESS Amendment to Jack Thompson Lease (Lot 10, Alyeska Subdivision) G. NEW BUSINESS �. Bills to be Paid, Bills to be Ratified �2. Requisitions Exceeding $1,000 �/3- Ordinance 561-80, Appropriating Monies in Amount of $10,500 for Purchase of Micro -film System. ✓4. Ordinance 562-80, Increasing Revenues and Appropriations, $6,500, For Additional Overtime for Police Department. 64, A5. Ordinance 563-80, Increasing Revenues and Appropriations, $12,000, For Shop Budget Operating Supplies and Repair and Maintenance. Resolution 80-.56, Transfer of Funds For Emergency Repair Work on Taxiway Lights-$2,500 Resolution 80-57, Transfer of Funds For Overtime in Water & Sewer Due to Water & ' �8. Sewer Line Breaks - $2,500 Resolution 80-58, Transfer of Funds For Shop Utilities Through End of Fiscal Year - $885 Resolution 80-59, Transfer of Funds - Public Works, Advertising & Vacant Position - $300 04,LZO. Resolution 80-60, Transfer of Funds -Parks - Athletic Field Fencing - $250 ✓i. Resolution 80-61, Transfer of Funds -Parks - Hiring of Umpires - $750 o-a-A2. Resolution 80-62, Transfer of Funds -Parks - Appraisal of Park Lands - $200 ()Q-143. Resolution 80-63, Transfer of Funds -Parks - Hire Department Assistants - $2,000 c.A W- /yam Resolution 80-64, Declaring City Has No industrial Wastes Discharging Into Wastewater System Resolution 80-.65, Awarding of Engineer Contract I Improvements - Fidalgo, Bidarka, Barnacle, 8- Caviar and Redoubt o 16`��!. Resolution 80-66, Awarding Contract for Lube �p�� Facility and Shop Addition Resolution 80-67, Awarding Contract for Sewer �� Treatment Plant Resolution 80-68, Transfer of Funds for Correctional Officer from Jail to Attend Training Course - �g- Resolution 80-69, Awarding Contract For Playground Equipment ,ZD wig: Approval of Agreement to Furnish Engineering Design Services (Standard Contract) Prelkninary User Charge Analysis -Sewerage System a Union Oil - Drilling Permit - Cannery Loop Unit, �3 ✓-�: 61 well Deed of Release - FAA Land (Airport Way) �y vOa-. Memo Requesting Authorization For Suit Re: Constellation Aircraft (Attorney Report) '2.t- 24-. Memo Regarding Rejection of Compromise on Stoehner l u //-- �1 Lease Ted Forsi & Assoc. - Final Billing on Airport Grants Lobbying - $370.00 0" f• H. REPORT'S 1. City Manager 2. City Attorney �_,� 7� c_. a .•� 3. Mayor 4. City Clerk -- QAIA �- - wfJ • k- - 6'tf• 0 t S. Finance Dirdctor 6. Planning & Zoning 7. Kenai Borough Assembly 8. Harbor Commission f I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I I ADJOURNMENT 1 0 1 •a 4 F-Cu Ali VEMIn= i NUMB VA moo■ ON amamommomm lMEN VAN MAROMMUND 0 a mum mommommum 0 mum mommommommmommon COUNCIL .MEETING OF i . 14 INDEEDnec�� _. ��o��i►�cn��oo�im�oo �r , _ 17�9P//9��9171i1�I�7�17c0�V1►717 17t'Il7�I►717�'IG9�'I�1170�I� �I17 ��I�717PI�I�L►dn1�'I�Ib7��VI�IL7�J 0 W/Wi, I WAAA R 4 R rJ FA 9 VA mommommom 10 r _ _ COUNCIL MERT.IAG .DF • w t 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" FIND 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- propilations of City monies be made by ordinance. '� NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT: Section 1: A Capital Project Fund entitled: "Bidarka, Barnacle Way and Fidalgo Streets" be established. Section 2s Estimated revenues and appropriations be•increased as fo owss 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 Bidarkap Barnacle Way and Fidai o Streets Capital Project Fun Increase Estimatedzatimated Revenues: Transfer from General Fund $18,650 Transfer from Airport Land System Fund 18,650 1974 Refunded Bonds (Streets) 13 700 51 000 1 7 Ordinance No. 557-80 Page 2 Increase Appropriationss Administration $ 10000 _ Engineering 50 000 1,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA the 16th day of April, 1980. VINCENT O REILLY, MAYOR ATTESTS Janet Whelan, City Clerk r. -�+Y-- Approved by FinancesFirst f Readings 80 AApril pril 216191980 second Readings Effective Dates April 16, 1980 1 � ' r r fi 1- f, 1 k 1 F. I ° r - f i'� 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 14.13.050 is hereby repealed. Section 2s Section 14.15.010 is hereby amended to read as fo ows: 14.15.010 NUMBERING BUILDINGS Uniform Numberin Systems There is hereby established a unizorm 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 Codes 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 followss (a) All through east and west streets shall carry the designation "avenue (STREET)," and all through or potentially through north an south 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 3400 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 All AS "COURT," "LANE," "CIRCLE," "PLACE," "DRIVE" AND "WAY." " ! I 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 suffixiso required herein. (c) All subdivision plats t shall be submitted to the Public Works Director for review and approval prior to final approval b the Plann n & Zoning Commission. KC 14-601 Ords 200, 5 8 j PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th i. day of April, 1980. i VINCENT O'REILLY, MAYOR ATTESTS ' i Janet Whelan, City clerk I ' First Readings April 2, 1980 !' Second Readings April 16, 1930 t ► Effective Dates May 16, 1980 i E� L_ r 17) 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 AND 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 followss Section is That the City of Kenai Code of Ordinances is hereby amended by repealing and re-enacting Section 10.15.050 to read as followss 10.15.050 _intment and Authority of Revisors (a) The City Attorney s designated as Revisor of ordiRainces 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 manners 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 imports (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 or 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 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 Readings April 2, 1980 Second Readings April 16, 1980 Effective Dates May 16, 1980 WE J i t \Jam j&r— CZ�/w CITY OF KENAI PUBLIC NOTICE CENTRAL KENAI BYPASS INTERCEPTOR The Kenai City Council will hold a public hearing during its regular Council meeting on Wednesday, April 16, 1980 at 7 p.m. in the Public Safety Building to hear public comments on the ; proposed routing change for the Central Kenai Bypass Interceptor. r Items to be discussed include economic, engineering, and environmental factors that are different from those presented in the September, 1978 Wastewater Facilities Plan. A statement summarizing the proposed changes will be available for review in the office of the Kenai City Public Works Director, Kenai Municipal Airport Terminal Building on April 4, 1980. To be published: March 26, 1980 Peninsula Clarion CITY OF KENAI PUBLIC NOTICE CENTRAL KENAI BYPASS INTERCEPTOR The Kenai City Council will hold a public hearing during its regular Council meeting on Wednesday, April 16, 1980 at 7 p.m. in the Public Safety Building to hear public comments on the proposed routing change for the Central Kenai Bypass Interceptor. Items to be discussed include economic, engineering, and environmental factors that are different from those presented in the September, 1978 Wastewater Facilities Plan. A statement summarizing the proposed changes will be available for review in the office of the Kenai City Public Works Director, Kenai 14unicipal Airport Terminal Building on April 4, 1980. To be published: March 26, 1980 Peninsula Clarion CITV OF KENAi PUBLIC NOTICE CENTRAL KENAI BIIPASSINTERCEPTOR The Kemal City Council will hold a public hearing during Its regular Council meeting on Wednesday. April 10,10W at 7 pm. In the Public Safety Building to hear public comments on the proposed routing change for the Central. Kenai Bypass Interceptor. Items to be discussed Include economic, engineering, and environmental factors that are different from those prowled In the 8e11tembe►,1078 Wastewater Facilities Plan. A statement summarizing the proposed change will be available for review in the office of the Kenai City I Public Works Director. Kenai Municipal Airport Terminal Building on April 4.19110, PYBLISN 31117 10A0 8f7` . CH2M E,H.1 LL "I nvers I�lanners r i eccntumists f I scientists Aprii 2, i00 K12720. Al V .r. Keith Kelton State of Alaska Department of Environmental Conservation Pouch 0 Juneau, Alaska 99811 Dear Mr. Kelton: Pe: Kenai Central Interceptor Amendment to the Facilities Plan The purpose of this letter is to respond to A'r. Pichard Pritt's March 10, 1980, letter requesting that an amendment to the Kenai Wastewater Facilities Plan be prepared. An amendment to the facilities pan was requ�lecause of chancres in the Central renal Interceptor route alignment. An amendment to the facilities plan has been prepared and is enclosed for your approval. in summary, the amendment recommends the folioai- Ing items. o Revise the route alignment presented in the facilities plan to an alignment called the PlIssion-Cook route (see Figure 1 of the amendment) . o Construct the Central Kenal Interceptor in two schedules. o Revise the interceptor system from an all gravity system to a pump station pressure line system. 1 The public hearing for this amendment has been scheduled for April 16, 1980. Sincerely, Loren D. Leman, P.E. ich cc: Keith Kornelis, Kenai Anchorage Office Denali Towers North, 2SSO Denali Street, Oth floor, Anchorage, Alaska "Sol 907/278.2SS1 6- 1 bq-m TA _ _ t'.C] Ar1ENIXil:NT UL3 KENAI WASTEWATER i=ACILI'fII:S PLAN APRIL 1980 INTRODUCTION The Kenai Wastewater Facilities Plan, published in September 1978, recommended that a Central Renal Interceptor be constructed to alleviate overloading in the existing sewer system. The City of Kenal received a Step 2 grant to design the interceptor and CH2M HILL was authorized to begin final design in April 1979. The facilities plan recommended that the Interceptor be constructed in two phases. The first phase would relieve existing sewer overloading and the second phase would relieve overloading estimated to occur in 1985 to 1990. During the final design of the interceptor, revisions to the original facilities plan route alignment were necessary because of construction costs and easement acquisition difficulties. Also, it was concluded during final design that an a.11-gravity interceptor would be too costly and that an alternative gravity and pump station -pressure line inter- ceptor would be the more cost-effective solution. The Alaska Department of Environmental Conservation on March 10, 1980, requested an amendment to the facilities plan be prepared for the route modification, another public hearing be held, and that a negative declaration be issued by EPA. RarLMDAlimn IMCAPHATInM Facilities Plan Central Kenai Bypass interceptor The facilities plan recommended, as shown on Figure 1, that the Central Kenai Bypass Interceptor be constructed to alleviate overloading in the existing Central Kenai sewer system and relieve dependency on the erod- ing bluff sewer. The existing system was estimated to be near capacity about the year 1980. To accomplish this, it was recommended that the existing 16-inch-diameter gravity East Kenai Interceptor be extended 2,400 feet westward along Kenai Spur Road and then connected by a 14-inch-diameter, 2,300-foot-long gravity pressure line to the existing interceptor at South Spruce Street and Kenai Beach Road. The 16-inch-diameter gravity sewer was recom- mended to be laid at minimum slope to provide sufficient elevation (static head) for the 14-inch-diameter gravity pressure line. L. r T1 - _, — __ It was also recommended that a 10-inch-diameter line he constructed parallel to the interceptor along Kenai Beach Road from South Spruce Street to the treatment plant. The Central Kenai Bypass Interceptor order -of -magnitude construction cost was estimated in the facilities plan to be $370,000 based on January 1978 dollars. The costs fdr gravity pipelines included excavation to a depth of 8 feet and compacted backfiil. The pipe was assumed to be asbestos concrete. No trench dewatering or difficult excavation condi- tions were anticipated. Pipeline costs were increased by 10 percent to cover difficult traffic control and pipe -laying conditions for the Central Kenai Interceptor. Costs of laying the pipe down the bluff were assumed to be five times the costs of laying the pipe in flat ground. Surface restoration costs were included where appropriate. Gravity lines were assumed to have manholes at a maximum spacing of 400 feet. Central Kenai Rerouting To relieve overloading of the existing Central Kenai Interceptor in Old Kenai, estimated to occur in 1985, the wastewater facilities plan also recommended that a new pump station be constructed at Cook and Main Streets to intercept flow in the existing Interceptor and pump it through a new 10-inch-diameter, 1,000-foot gravity line running along Main Street to the Central Kenai Bypass Interceptor. Rerouting the existing sewage flows into the new pump station would require construction of 1,400 feet of 8-Inch-diameter gravity sewer. The Central Kenai rerouting order -of -magnitude cost was estimated to be $380,000 based on January 1978 costs. This cost was developed on the same criteria as the Central Kenai Bypass Interceptor. De�sig�n Predesign Report The preliminary design of the interceptor indicated that the facilities plan recommended interceptor route along the Kenai Spur Road would require substantially higher construction costs because of poor soils conditions along the ravine bottom and deep excavation depths along the Kenai Spur Road. Also, acquisition of property right-of-way easements for the Kenai Spur Road route were started. The location where the pipeline drops from central Kenai to the creek ravine bottom crosses private property. Pipeline right-of-way easements were denied by the owner because the route travels near a private cemetery. Thus, an alternative route as shown on Figure 1 (Mission -Cook route) was investigated as an alternative with fewer easement conflicts. 2 The 1lission-Cook route was an all gravity route. It was recommended because it had the lowest total present worth cost, no annual operation and maintenance costs for pump station operation, eliminated the need for pump station 2, and required no phased construction for future growth in the old Central Kenai town area. The route consisted of 4,150 feet of 16-inch-diameter gravity sewers, 300 feet of $-inch- diameter gravity sewer, and 2,000 feet of 14-inch-diameter pressure line. The estimated constOuction cost was $835,000 based on estimated July 1980 dollars. The predesign of the Fission -Cook route was based on ground -level topographic survey and limited soils investigation. The costs for gravity pipelines were based on trench excavations of 18 to 20 feet deep with a trench box and a maximum trench width of 30 feet. It was assumed that the native soils could stand at side slopes of 1:1. The backfili was to. be compacted and the pipe was assumed to be ductile iron. No trench dewatering was anticipated. Costs of laying the pipeline In the creek ravine were based on open -cut trench excavation to a depth of 10 feet and unrestricted trench widths. The backfill was compacted and the pipe was ductile iron. Ground water was assumed to occur in the bottom 2 feet of trench. Surface restoration costs were included where appropriate. Gravity lines were assumed to have manhole spac- ings of 400 feet. Final Design The final design was based on the Mission -Cook route recommended In the predesign report. The interceptor consisted or 4,500 feet of 16-inch- diameter gravity sewer, 350 feet of 8-inch gravity sewer, 2,150 feet of i 14-inch-diameter pressure line, and abandonment of pump Station 2. The 16-inch-diameter gravity sewer and 350 feet of 8-inch-diameter grav- ' ity sewer would be constructed with an average trench depth of 20 to i 22 feet and maximum trench width of 20 feet. The 2,150 feet of 14-inch- diameter pressure line would have an average trench depth of 8 to 10 feet t { and unrestricted trench widths. The final design proceeded based on the assumption that the gravity sewer could be constructed with a trench box and cutting the side slopes back. However, as the final design progressed, it was deter- mined that the native sandy soil for the gravity sewer will not stand at steep side slopes and that the trenches will require bracing (sheeting and shoring). The deep trench excavation depths may also cause a potential settlement of adjacent utilities. --- s Gravity sewer construction costs were based on sheeting and shoring for all trench depths greater than 10 feet. The backflll was compacted ft and no trench dewatering was anticipated. A 20-foot trench width restriction was assumed. Costs of laying the pipe down the ravine were 3 EN z1 based on open -cut trench excavation to a depth of 10 feet and unrestricted trench width. The hackfill was unccmpaeted and trench dewatering was assurned to be required. Surface restoration costs were included where appropriate. Gravity lines were assumed to have manhole spacings of 340 feet. ` The estimated order -of -magnitude construction cost is $4.2 million, based on January 1980 dollars. ALTERNATIVES Because of the anticipated high construction costs resulting from the deep construction required for a gravity system in difficult soil condi- tions, alternative methods of achieving the City's goal of relieving dependency on the bluff sewer were explored. These alternatives Included various route variations incorporating pump stations and shallower pressure lines as well as breaking the project into two separate schedules for bidding. Separate schedules would allow the possibility of the City awarding a contract for only a portion of the project (to relieve the bluff sewer) If bids for the entire project are beyond the City's present financial capabilities.. The most feasible alternative to the all -gravity sewer (alternative 1) is a combined gravity sewer and pumped pressure line (alternative 2). This alternative would follow the same route as the Mlsslon-Cook gravity interceptor but would incorporate a pump station to, reduce trench depths on part of the route. Both this alternative and the gravity interceptor are shown on Figure 2. The alternative 2 project will be separated into two schedules: ` Schedule A - Mission and Main Street to the sewage treat- ment plant Schedule B - Bluff and Front Avenue to Mission and Main Street Schedule A would allow the City of Kenai to relieve overloading in the existing Central Kenai sewer system. Schedule B would be constructed to relieve future overloading estimated to occur in 198S to 1990. Alternative 2, Schedule A would consist of 350 feet of 8-inch-diameter gravity sewer (20 to 22 feet deep), 2,150 feet of 14-Inch-diameter gravity pressure i1ne (8 to 10 feet deep), 1,350 feet of 8-inch-diameter pressure line (8 to 10 feet deep), and a new 1,100 gpm pump station. Schedule B would consist of 1,950 feet of 8-inch-diameter pressure line i (8 to 10 feet deep), 1,100 feet of 16-inch-diameter gravity sewer, (14 to 16 feet deep) and a new 930 gpm pump station. E r� �i COST I?S'PI►.4ATE AND EVALUATION OF ALTERNATIVES Order-of-riagnitudo construction costs were estimated for the gravity Interceptor (alternative 1) and the gravity sewer pump station -pressure line (alternative 2) and are shown on Table 1. All costs are for con- struction in Kenai in January 1980 dollars. From a cost standpoint alone, alternative 2 has the lowest construction cost and total present worth cost. Alternative 1 has the lowest annual average operation and maintenance cost. The advantages of alternative 1 are the elimination of pump station 2, elimination of future phased construction, and no annual pump station operation and maintenance costs. Disadvantages include its high con- struction cost and Interference with existing utilities. The major advantage of alternative 2 is its low construction cost. A disadvantage Is operating and maintaining two pump stations. Alternative 2 is recommended as the cost-effective solution based on its low construction and total present worth costs. IMPLEMENTATION The following steps are necessary to implement the recommended facilities plan revisions. o Conduct a public hearing. o Kenai City Council adoption of the changes in the facilities plan. o Submit this amendment with the adoption resolution to the DEC and EPA for approval. o Obtain a declaration of nonsignificant Impact from the EPA. The following project schedule has been developed for construction of the interceptor in the 1980 construction season. April 15, 1980 Start design modifications June 1, 1980 Advertise for bids June 24, 1900 Open bids - - - July 14, 1980 Start construction October 1, 1980 Construction completed - --- - --- - - 5 ENVIRONMENTAL ASSI:SSAIENT A review of the environmental assessment presented in Appendix E of the facilities plan Indicates that there are minimal changes in the environ- mental impacts caused by Implementing the recommended interceptor alter- native discussed in this amendment. The Russian Orthodox Church has Indicated that the original route Is not acceptable because it would traverse near an old cemetery. The Mission -Cook alignment near the Church and shrine are acceptable. An archaeologist will be on site during construction in the areas that have been designated as archaeologically sensitive. Because alternative 2 provides for shallower excavation, construction disruptions will be less severe, and property and utility damage liability will be reduced. 6 IL Table 1 Order of liac�ni tude Cost1 t: �'"- -AfternaiTve 3 Gravity and • Alternative 1 Pump Station i- Cravity Pressure Line Interceptor Interceptor l.. Capital Costs 1980 Improvements $1,880,000 690,000 (Schedule A) 1985 Improvements 2,320,000 500,000 i (Schedule B) �t`— Subtotal $4,200,000 $1,190,000 I� Annual Average 06M Costs `. Labor O 4,400 Power 0 700 Subtotal 0 $ 5,100 Total Present Worth Cost 1980 Improvements $1,880,000 i $ 690,000 i. 1985 Improvements 2,320,000 500,000 Residual Value (690,000) (180,000) I Annual OEM Costs 0 60,000 {: Total $3,510,000 $1,070,000 1� Relative Cost 3.28 1.00 is wary 1980 dollars based.on'Seattle CCI - 3600). L i. I` 4 i m VI Facilities Plan Route of ROMP thy, oVE1lMND t k 14 v AV& Predesign and Final Design (Mission—Coolc) Route .� GRAVITY SEWER ..... PRESSURE LINE PUMP STATION i Figure 1 CENTRAL KENAI INTERCEPTOR i ALTERNATIVE ROUTES N0 0 4W • BW L 9F9r�� Existing PAO�i• ,.y �AD OVERLAND AVE. Abandon h nd�w A�q pr EX,,,inumpq y yr +•+ J� gyp. Ptetion Q HARING PC,NtN3Vta► PtNINSVLA AVE. y CA_ I•'S '�'qo �� LOOK Avg. (, a• SCHEDULE A s F� �, •° w F r ••• .. SCHEDULE B ••t Alternative 1 i • C3ravity Interceptor _.. i d� M iy 44F a�4 SexIstino I 'tiF• a ROAD wer Lf oveRLANo Avs. �- J' 9 i. ' A`9'17 y ' No E sit ^g Pump 3 =a �R� ��vt -"ar, •.•••.•• t�� o�►`� Station • °� � ! ' �•••..••• '•• •.• .y i �eNlNsvu� ' •.• a ��sj AVt. New Pump i KNINSVLA AV6.1 S lion COOK Avg. Z 'to hr�ti a SCHEDULE A argil r •� ; ! . �Fjs. • SCHEDULE 8 ,� .r•r ;. . %•T+T •'i 1 �� ems. '.S f+ .i/d�' � • Alternative 2 Gravity and Pump Station -Pressure Line Q INTERCEPT EXISTING SEWER i e 400' sow �• f L-_ GRAVITY SEWER ..... PRESSURE LINE I A PUMP STATION Figure 2 ' CENTRAL KENAIINTERCEPTOR. is ALTERNATIVES y KENAI CITY COUNCIL FEBRUARY 6, 1980 Page 11 coverage, but it's not charged to the employee. Councilman Aber noted J•,� it does not say that. Atty. Delahay explained that's determined by the fpxs,;r%' policy. Councilman Aber said the Council decides the insurance policy, Policy. this ordinance does not direct to the dependents. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the amendment and add "medical and hospital insurance shall be provided by a group policy to all employees and dependents at no cost to employee." Motion passed unanimously by roll call vote. DISCUSSION ON 537-79: Councilman Ambarian said we are playing "cute games" with the ord- inance by voting this in, we are deleting the personnel board and not adding a personnel board. He felt we should adopt it as it reads, with- out a personnel board. MOTION, TO TABLE: Councilman Ambarian moved, seconded by Councilman Aber, to table Ordinance 537-79. Motion failed, with Councilmen Aber, Ambartan & Measles voting nos and Councilman Malston, Councilwoman Glick and Mayor O'Reilly vot- ing yes. Councilwoman Glick asked Attv. Delahay, as a point of clarification, U we adopt this ordinance, we are adopting the current personnel ordi- nance with amendments as accepted tonight, as it was in effect for two years? Atty. Delahay replied yes. Councilman Aber said item #4 deletes 2,3 and 4 of previous amendment #1. Councilman Ambarian said item #1 was voted out. Councilwoman Glick said 1 and 4 were defeated. Council- -- man Aber noted Atty. Delahay had said - - - He thought we couldn't adopt the ordinance tonight. Mayor O'Reilly said if we had tabled amend- -- --- ment #1 we could not have passed the ordinance with the tabled amend- _ ment. Defeating amendment 1, we can pass the ordinance with amend- ments. He said he understood Councilwoman Glick pointed that further research will be done regards the personnel board. Councilman Aber asked if we adopt with amendment 1, then we still have a personnel board? Councilman Ambarian replied no. Councilman Aber said then we're deleting what the attorney says doesn't exist. KENAI CITY COUNCIL FEBRUARY 8, 1980 Page 12 Ruby Coyle spoke. She stated what the Council was doing, you are tak- ing out the entire thing as a personnel board that's in the Charter and the Ordinance. You're making the City Manager the final authority. Is this the intent of the Council? Mayor O'Reilly replied yes. Mrs. Coyle asked what ha ,tls�to the grievance appeal before you now? Since the last art of a tember)you have not acted on it yet. The Borough attorney says "not by implication, but by vote." r Councilman Malston said it was his intent to request a work session next t week after the information is received from the other agencies and address it as a separate discussion. MOTION: Councilman Ambarian moved, seconded by Councilman Aber, to reconsider the ordinance at the next meeting. Motion passed, with Councilman Aber voting no. Councilman Malston requested a work session Feb. 14, 1980 if the infor- mation is received regarding the personnel board. Council concurred. h B-3 Application for Liquor Licenses MOTION: ' Councilman Measles moved, seconded by Councilwoman Glick, to approve the applications. f Motion passed unanimously by roll call vote. B-4 Extension of Time - Liquor License Renewals _ This was just informational - No action was taken. C-1 PERSONS PRESENT SCHEDULED TO BE HEARD i 1. Rick Baldwin, Attorney, for Thompson & Swearingen Lease Renego- tiation. He explained that the negotiations have developed into Ht- igation. It is scheduled for trial March 1, 1980, and has been pending since 1976. Action tonight will be negotiation and compromise, this f will not be admissible in Court. Hopefully, it will not go to Court. The Thompson lease is in the post office building, the Morgan & r-I KENAI CITY COUNCIL FEBRUARY 0, 1980 Page 17 0-9A Change Order on Resolution 80-14. There was no public response. Change order passed unanimously by roll call vote. 0-10 Resolution 80-18 - Lobbying Effort, City Mayor, General Fund Budget - Secretarial Services & Lobby Services - $11,700. MOTION: Councilman Ambarian moved,. seconded by Councilwoman Glick, to approve the resolution. Atty. Delahay explained there appeared to be irregularities. He said he sent a memo to Council at that time. (Atty. Delahay read the memo to the Council) . Public Response: John Wise said the basic statement by the attorney shows a basic flaw, the City Council is in violation of the law. No more needs to be said. Ruby Coyle said if the Mayor can't go, who will we send? The.City to the north has sent lobbyists and has received "many dollars." She said she doesn't believe from "Sound -Off" that is what the legislators are for. They do not have enough time. Whatever Council can do, do something. O'Reilly � Mayor y y relinquished the Chair to Vice -Mayor Glick. i Mayor O'Reilly explained that to the public that doesn't understand the agony this has caused him, he will spare details except to say he really examined at the size of the project we were going into and the importance of it, various alternatives as to how it could be handled, the situation the City would find itself in if it didn't participate fully and get their fair share of funds available at State level, -and come down to analyzing how it should be done." It is against my grain to present myself. I ap- preciate the Attorney's opinions. Renewable Resources is taking a trip is Ts a to Port Angeles, I will be going, and will stop in Juneau. If any reason- able effort is made of the time in Juneau, it is time far above the normal Je��Da time givepiath ob. If the City Attorn coked Section 3-3 of the N,.•0.0NO Chart he wool me back with a decision. MOTION: ttto . l p KENAI CITY COUNCIL FEBRUARY 6. 1080 Page 24 H-6 Finance Director Finance Director Charles Brown reviewed the memo regarding Airport Electrical Generation. H-6 Planning & Zoning �'' Councilwoman Glick asked the Council to consider recommendations from the Planning &Zoning Commission. We Will have to have an engineering firm as far as the lease goes. H-7 Kenai Peninsula Borough Councilman Ambarian asked that since the Council had just received the information on the Comprehensive plan, he would like a deferment on discussion. Council concurred. H-8 Harbor Commission Mayor O'Reilly said he talked with Len McLane of Pao. Alaska LNG. 1984 is the completion date of the project, they want to continue working with the City regarding the dock and industrial financing. Jack Green will be here February 12, 1980. Council is invited to attend. He also stated Mr. Bob Roper'has a lease on lands the City to looking at for the City small boat harbor. I PERSONS PRESENT NOT SCHEDULED TO BE HEARD .Van Swan spoke. He said he thought he was on the agenda. Mayor O'Reilly replied he didn't remember and it is not in the minutes. Mr. Swan said he was promised a decision from the Council on whether he would have a personnel board hearing or not. Councilwoman flick said she thought I it was not in the minutes, but she thought we were going to have a decision. I Mr. Swan asked what the minutes of Jan. 16 say. Clerk Whelan read the l minutes regarding the discussion on Mr. Swan. Mr. Swan said the ord- finance has nothing to do with him. The ordinance passed tonight------- ' Councilman Ambarian said that part of the ordinance was not passed. ' Mr. Swan said if the Council passes this you won't hear my case, this won't apply to my case. He said he wants to have a hearing before the people, as indicated in the Code. Mayor O'Reilly referred to the j; Attorney's decision. By implication, the personnel board was repealed. Of course, the Council has not voted on the attorney's opinion. Grievances Is KENAI CITY COUNCIL FEBRUARY 6, 1080 Page 26 needs to be discussed. He no longer lives in the City. There was no action by Council. Councilwoman (click said the maintenance contract from Honeywell, the recommendation of the Public Works Committee is that the admin- istration write -a letter to Honeywell of interest, we will keep it in abey- ance till the Council work sessions. i MOTION: Councilwoman Glick moved, seconded by Councilman %falston, to Q direct the administration to write a letter toHoneywell expressing an interest to their proposal, and that this will be kept in abeyance till Council work sessions. ; Motion passed unanimously by roll call vote. . Councilwoman Glick said the reappointment of Mr. Brown as Acting City Manager ran out on Saturday, do we need action? Mayor O'Reilly replied 0 yes. Councilwoman Glicjc asked H it was legal to appoint. Atty. Delahay replied as legal as it was last time. You can appoint anyone you want. - He also asked why appoint him if he is on vacation. ' yK 0.0 MOTION: of •`' 't Councilwoman Glick moved, seconded by Councilman Malston, to reap-- point Mr. Charles Brown as Acting City Manager to rvn through March 10. ADJOURNMENT Meeting adjourned at 12:15 AN. i Respectfully Submitted, JMet Whelan, City Clerk s.� 4 KENAI CITY COUNCIL REGULAR MEETING - MARCH 19, 1980 MAYOR VINCENT O'REILLY PRESIDING KENAI PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL- CALL Present: Betty Glick, Ron Malston, Vince O'Reilly oRay Measles Absent: Ed Ambarian Dick Mueller arrived late. AGENDA APPROVAL B-3: Rainbow Bar & Grill was added to Liquor License Renewal C-4: Beth Taohick, Kenai Care Center, was added C-5: Max Swearingen, Peninsula Clarion, was added, regarding sales tax E-2: Name change for Daddy's Money was added MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the agenda as corrected. Motion passed unanimously by voice vote of the Council. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to appoint Public Works Director Keith Kornelis as Acting. City Manager until April 16, 1980. Motion passed unanimously by roll call vote. Acting City Manager Kornelis assumed the duties. Mayor O'Reilly noted the "Connie" given to him anonymously. B PUBLIC BEARINGS B-1 Ordinance 553-80 - Topo Mapping by Soil Conservation Service - $20,000 There was no public response. KENAI CITY COUNCIL MARCH 19, 1980 Page 2 Atty. Delahay said the ordinance as drafted combines money matters for additional surveying with permission for the City Manager to sign contract. The ;City Manager signing cannot take effect for 30 days, the money matter can take effect right away. He has divided them. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to adopt the ordinance with amendments as written. Atty. Delahay said the amendments should be read for the public. Councilman Malston did so. Motion, as amended, passed unanimously by roll call vote. Councilman Mueller arrived. B-2 Ordinance 554-80 - Modifying Body Style for Taxi Restrictions MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to adopt the ordinance. The was no public response. Motion passed unanimously by roll call vote. B-3 Liquor License Renewal a. Katmai b. Kenai Joe's c. Rainbow Bar a Grill Clerk Whelan reported on the applications. Per letters from the Borough, Rainbow Bar is Grill is current, Katmai and Kenai Joe's are delinquent. MOTION: Councilman NMston moved, seconded by Councilman Mueller, to send a letter of non -objection as long as Katmai and Kenai Joe's have made arrangements. Councilwoman Glick said she had a problem. They have made M r - - Elm KENAI CITY COUNCIL. MARCH 19, 1980 Page 3 arrangements to pay taxes. How could the Borough let them get so for behind? If they can't pay their bills, how can they stay in business? Councilman Measles asked if the Borough is objecting in the name of the Borough and the City. Mayor O'Reilly asked Councilman Malston if he could divide into two motions. Councilman Malston agreed. Councilman Mueller asked 9 the motion could include, "non -objection is through June 7. 1980 date, then we will object and there would have to be a hearing." Atty. Delahay replied this is out of order. The Borough has requested a hearing to June 7, 1980, he suggested we send a letter of non - objection with the Borough letter attached. Mayor O'Reilly asked Councilman Mueller to withdraw his motion amendment, he agreed. MOTION: Counoilman Malston moved, seconded by Councilman Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board for Katmai if they are current in their payments by June 70 1980; and for Kenai Joe's 9 they are current in their payments by May 20, 1980. Motion passed unanimously by roll call vote. MOTION: Councilman Malston moved, seconded by Councilman Mueller, to send a letter of non -objection to the Alcoholic Beverage Control Board for Rainbow Bar a Drill. Motion passed unanimously by roll call vote. C PERSONS PRESENT SCHEDULED TO BE HEARD With concurrence of the Council, C-4, Beth Tachick, was scheduled next. C- 4 Beth Tachick, Kenai Community Care Center Board of Directors Me. Tachick said she would like to speak on the Health Center. She is Health Service Coordinator for the Schools. She is'a former public health nurse, so she is prejudiced. She feels we need better health facilities. C i Jerry Andrews - Dog Problem, VIP Subdivision KRNAI CITY COUNCIL. MARCH 10, 1080 Page 4 Mr. Andrews said he was asked to come to the meeting, represent- ing his neighbors. He feels this problem to not peculiar to one area. He suggested the Council take a look at the budget and increase personnel, perhaps it should be under a different department. He feels Public Works is not sensitive to the problem, it has other con- cerns. The dogs are killing moose, it is just a matter of time and they will hurt a child. He stated he was uncomfortable there,.he thought it did not require a policing action; it is it moral problem of people here who will not keep their dogs home. Councilwoman Glick suggested Mr. Andrews come to the budget sessions when they start. Mr. Andrews reiterated he wished he did not have to come here, if we had a moral -concerned citizenry, this would not be necessary. Mayor O'Reilly suggested administration draw up an ad to put in the paper, asking the citizenry to cooperate. Mr. Kornelis stated Public Works Dept. knows there is a problem. 1. The dog packs are hard to control. They can't be shot, it is against the law. 2. We have changed the ordinance relating to dog control. The officer has more power and he is starting to use it. Mr. Kornelis then read the dog control report. He further stated: 3. We continue to get dogs, more litters are being born. 4. We will hope the budget will•be increased next year. 5. We thought of increasing the fines and adoption fees, so there are less dogs around. Mr. Andrews said he did not think increasing the fee would help. The problem is not flogs, but their owners. There should be a better solution, he does not have the answer. His neighbors have said they Will start shooting dogs. C-2 C112M Hill - Sewer Interceptor Line Mayor O'Reilly said Mr. Kornelis will give the report later. C-3 Sandra Vozar - "Jahrig's Junk" Mrs. Vozar identified 'herself as living in Toyon Villa Apartments, she and her husband own the apartments. She stated she has been L� fi 1� 1 04 n R1 j KENAI CITY COUNCIL ' MARCH 19, 1980 Page S before the Council before. Atty. Schlereth wrote a letter to Mr. Jahrig giving him 30 days to clean up his yard. He has not, he has added more. Now there is a "sort -or fence there. In 1972 it was considered a public nuisance by the attorney, in 1975 the City ran an ad in the paper giving notice that nuisances will be removed. In 1976 Mrs. Vozar states she began coming to the Council meetings. In 1977 Mr. Jahrig received a letter from City Manager John wise, promising action. Mayor O'Reilly asked for comment from Atty. Delahay. Atty. Delahay said with the change in administration, nothing has been done. When Mrs. Vozar contacted him, he researched and found Atty. Schlereth had promised action. Mayor O'Reilly confirmed with Atty. Delahay that he knew nothing? Atty. Delahay concurred, he said action was pro- mised in 1978. Councilwoman Glick asked Atty. Delahay it he had reviewed the area to see what should be done. Atty. Delahay replied no. Councilwoman Glick directed the administration to review the situation and come back to Council. Mrs. Vour said she wondered if the people in the City took the Council seriously. When she was dir- ected to put up a light in her apartment house, she figured it would be eight years before the City would do anything. Councilwoman Glick noted that the Council did try to take action at one time. The night of the public hearing, we had attornles, etc* threatening, etc. When we do try to do something, we get it from the other side. She just wanted to have it on record that we tried. Mrs, Vozar suggested maybe the people should pay personal property tax on their junk. If it is val- uable enough to be taxed. they will keep it. Council agreed that was an excellent suggestion. C-S Max Swearingen. Peninsula Clarion - Sales Tax Mayor O'Reilly said the information is not total regarding Mr. Swear- ingen's talk, and it does affect the financial situation of the City. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to move into executive session because a public discussion may be det- rimental to the City. Motion passed unanimously by roll call vote. Mr. Nornelis. as Acting City Manager, was included. At the conclusion of the executive session, Councilwoman Glick stated KENAI CITY COUNCIL MARCH 19,1980 Page 6 the Council appreciated the information from Mr. Swearingen of the Clarion and would direct the administration to bring to the attention of Finance Director Brown and have him follow up on this. Specifi- cally, whether or not we would be collecting interest on moneys in arrears. D MINUTES D-1 Minutes of Regular Meeting - February 6, 1980 Page 24, H-6, Planning a Zoning Report, was corrected to read: Councilwoman Glick asked the Council to consider recommendations from the Planning a Zoning Commission. We will have to have an engineering firm as for as the lease goes. Minutes were approved as corrected. D-2 Minutes of Regular Meeting - March 5, 1980 Page 18, H-5, Finance Director Report, was corrected to read (after 4th sentence): 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 there was no way he could see that we could have it. There is a 10% salary increase In the budget. . Council requested Clerk Whelan submit the corrected minutes of the meeting to the Council. E CORRESPONDENCE E 1 Discussion of FAA Housing Mayor O'Reilly asked the Council if they wished to refer We to the Public Works committee. Councilwoman Glick replied, yes, then it can bereferredto the Planning a Zoning Commission. E-2 Name Change - Daddy's Money Council, by unanimous consent, agreed to the name change. .......... KENAI CITY COUNCIL MARCH 19, 1980 Page 7 Clerk Whelan was requested to send a lettor of non -objection to Daddy's Money. F OLD BUSINESS F-1 Discussion - Liquor License - Daddy's Money (steal Estate Committee) Councilman Mueller said he had two meetings, there were two problems to discuss. 1. Daddy's Money would like to remove the City's name from the liquor license. 2. They would like to go on a flat rental basis instead of commission. The committee's suggestion on #1: remove the City's name from the license with a clause, "license was issued to the City expressly for the airport lounge and will stay with the airport lounge." The committee's suggestion on #2: $3,200 per month, starting July 1, with an escalator clause to increase or decrease on July 1 based on per cent of increase or decrease in gross revenue. It would eliminate monthly records checking. Councilman Malston asked Councilman Mueller how he came up with $3, 200. Councilman Mueller explained the current annual income is $3,000 per month. They are increasing their capacity by 50%-75%, possibly more if they should -increase business. Councilman Malston asked how does the cents per square foot compare with other leases. There is nothing in their leases that moves up or down. Councilman Mueller replied yes, some do. At $3200 that is $1.08 per square foot. Others are $.99 per square foot. Councilwoman Glick asked are we going to revise the square footage at budget time? Acting Finance Director Sandi Parnell replied that has to be by resolution. f She said she thought we had planned to stay at that rate. The pro- posed budget is at the same rate. Councilman Measles said they are f at the flat 10%of gross now. Atty. Delahey said the rate is $.99 per square foot with janitorial service, Daddy's Money does not have Janitorial service. Mayor O'Reilly asked the length of the lease. Councilman Mueller replied it runs to 1987 with renewal option. He had a suggestion, that the lease rental would be re-evaluated annually. Mr. Kornelle asked if they included the additional area they are going r to build. Councilman Mueller replied they included the area, but not k j increased value. Councilwoman Qiek askW at that time, you would f r , /l 1. KENAI CITY COUNCIL MARCH 19, 1980 Page 8 include additional area and a new lease? Councilman Mueller replied we did not, he did not know if they were to include it in our review. Councilman Malston stated he could not go along with the Public Works Committee, unless it matches the present building. Councilwoman Glick noted that to what he said he would do. Atty. Delahay noted there is one thing to consider - the Committee did not consider the additional space, the rent would go up. On the new area, they would be increasing the space at their expense. Mayor O'Reilly asked Councilman Mueller for the committee recommendation on the first problem. Councilman Mueller reviewed the proposal. He explained this would effectively put the public on notice and recorded that this license belonged to the City. Mayor O'Reilly asked who pays the insurance. Mrs. Parnell replied Daddy's Money. We pay the insurance company $100 to be on as an additional insured on their policy. Councilman Malston said he thought it was $3,000 before we went on their policy. Councilman Mueller said he suggested the City remove their name from the license with the addition of the clause as suggested by Atty. Delahay. Atty. Delahay explained this clause stipulated damages if they break their lease. MOTION: Councilman Mueller moved, seconded by Councilman Malston, to remove the City's name from the liquor license with the addition of the clause as suggested by Atty. Delahay stipulating damages if Daddy's Money breaks their lease. Council approved the motion unanimously by roll call vote. Atty. Delahay noted the Alcoholic Beverage Control Board previously required the City be on the lease because we were getting a per cent of the gross. The Board said they were trying to get this changed in Juneau. He didn't know U this change will be okay in Juneau. Daddy's Money wanted this based on cost of living, not gross. MOTION, Amendment: Councilman Mueller moved, seconded by Councilman Malston, to Incorporate Alcoholic Beverage Control Board approval in the first motion. Motion passed unanimously by roll call vote 14 KENAI CITY COUNCIL MARCH 19, 1980 Pago 9 Mayor O'Reilly said the rental is now $36,000 per year, sales are $360,000, or 10%. If sales went up to $460,000, at the present form- ula the rental would be $46,000. Atty. Delahay said on information received from Finance Director Brown from October 1978 to September 1979, $27,000 has been collected. The last few months have been higher, they estimate $28,000. At $42,000 the committee felt we were asking more for the increased space. Mayor O'Reilly noted it will be a capital improvement on the building, it will moderate. Atty. Delahay noted this is a counter-offer, they may refuse. They have not accepted this. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to set a monthly rental of $3, 200 per year starting July 1980, with an escalating clause to increase or doorease rent annually on July i, based on previous calendar years percentage of increase or decrease in the gross revenue of operations. Motion passed unanimously by roll call vote. Mayor O'Reilly asked the lease runs to 1997 and is renewable at the same conditions? Councilman Mueller replied he has option to renew, but he is not sure of the conditions .Councilman Measles said it is renewable at the some conditions. Mayor O'Reilly suggested the Council should review the renewal conditions. Councilman Measles suggested at the end of the lot term. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to renegotiate the lease with Daddy's Money at the end of the first ten years. Councilman Malston asked what other leases do we have on an es- calation clause. Atty. Delahay said they are not based on escalation. Car rentals are on a per cent of the gross. Councilman Malston said we seem to have an inconsistency. An example is, the airlines pay the same in good or bad years. Councilman Mueller noted the gift shop has a per cent of the gross. F-2 Discussion - Airport Vending Machines, Vic Tyler (steal Estate J Committee) KENAI CITY COUNCIL. MARCH 19, 1980 Page 10 Councilman Mueller explained there are two parts to this problem. 1. The concessionaire's license grant 2. The granting of a lease to install arcade and amusement. biaoussion of part 1: The committee suggested an agreement on the type of rate should depend on the type of machine. MOTION: Councilman Mueller moved, seconded by Councilwoman Glick, to set a rate on machines in the airport, depending on the type of machine. Councilman Mueller said he supports the motion. The machines presently in the building are using City power, there is no income to the City. At odd -hours, the only place coke and coffee can be purchased is at the bar. Councilman Malston asked where do we stand at the gift shop? They have the right to the income from the vending machines. Atty. Delahay replied when the lease was sent to them to be signed, they never signed the lease, they just returned it. The previous owner did not want it. We have sent a letter to the previous lessee, after March 28, we will go in and sell the possessions In the store. When we talked to her, she replied, "talk to my attorney." Councilman Malston asked, this with Vic Tyler, is just his machines, it has nothing to do with the machines in the building (the newspaper machines), where the money was made on the papers sold. Atty. Delahay replied he didn't know about the newspaper machines. We had better do something about those machines. Councilman Malston said he hated to see us get into the problem as we did before. When the restaurant was closed, we asked Mr. Eitel to install coffee -machines. What happened to this? Councilwoman Glick asked Councilman Measles, did this come up in the committee hearing? Councilman Measles replied as he understands it, all the machines in the airport are tied up with the gift shop. Mayor O'Reilly asked would Vic Tyler set up coffee machines. Councilman Malston replied yes, but we don't know if the agreement to with the City, Mr. Eitel or Mr. Tyler. Mrs. Parnell said the charges are $5.00 for a vending machine and $.50 for news- papers per terms of the lease. Motion passed unanimously by roll call vote 014 KENAI CITY COUNCIL MARCH 19, 1980 Page 11 Discussion of part 2: The committee suggested no action be taken, Mr. Tyler should bring in a firm proposal, and the Council could look at the alternatives. Councilwoman thick asked Airport Manager Swalley to inform Mr. Tyler of the decision. Councilman Malston asked do we want an arcade in the terminal building. He didn't. Why ask Mr. Tyler to work with a proposal if we are not interested. The space should not be used as a gift shop, it should be airport -oriented. Council- woman Glick said before Mr. Tyler comes in, the committee should discuss alternatives. Councilman Mueller said this has been studied. 1. An airline company wants to store freight there. 2. Another airline has expressed an interest in it. Councilman Mueller said a study should be done before a firm pro- posal is made. Council agreed by voice vote. Mr. Swalley asked the i Council if they wanted a firm proposal from Mr. Tyler. Mayor O'Reilly replied no, not until the study to made. -F-3 Discussion - Community Care Center (Real Estate Committee) Councilman Mueller said he spoke with people in the legal department - Judge Hansen. The consensus is that a Care Center is needed in the community. The committee did not wish to commit future Councils to thoir proposals. The committee recommended: I. A lease of space based on fair market value of land at the usual per cent of other leases. 1 2. The Care Center should bring a request for a donation to the budget session. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to lease the space based on fair market value of the land at the usual per cent of other leases. A motion was not necessary for this action. Councilman Mueller then explained a portion on the building was ! T1 f _ KENAI CITY COUNCIL MARCH 19, 1980 Page 12 completely dropped at Atty. Delahay's suggestion, it is not reason- able under present City arrangements. Councilman Malston said the building will have to be removed eventually. The fair market value is very low. Councilman Mueller said there is another FAA item of correspondence that could change the situation. Atty. Delahay ex- plained their request is to put an antenna near there. The Committee did not want it, it is prime land. F-4 Discussion - Stoehner's Lease (Public Works Committee) Councilwoman Glick said Atty. Garnett sent a presentation regarding the Stoehner lease to Council. She then explained the background of the lease problem. She stated we do find objectionable that Mr. Garnett feels the City has wasted their time, they were asked repeatedly to bring in information, etc. They changed their minds when they thought someone else wanted it. She suggested the City terminate the lease, and a settlement fee be charged. ! MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to terminate the lease with Stoehners, and a settlement fee of $500 be charged. This because, the cost of the appraisal is estimated at $140, and for compensation for administration work. Mayor O'Reilly asked about lots 4, 5 a 8. Councilwoman Glick said they have'been leased to TAD and the lease has been consummated. Councilman Hall questioned the $500 fee. He asked isn't that the price you pay for being landlord? Councilwoman Glick replied, true, but we had a valid lease application. When they came back they said My. Garnett did not represent them. We had to come to an agreement with Waterer and Yeaset, it coat us money. Councilman Hall asked I how are we going to collect? Atty. Delahay replied there is only one way, to sue. His opinion is in the last packet, if we now have a lease with them, any delays are caused by them. We could sue for collection of rentals. If we had a judgment, it might interfere with the other leases. Councilwoman Glick said Councilman Malston men- tioned that Atty. Delahay check to see if Atty. Garnett had a right to _ represent them . Atty. Delahay replied they were here when Atty. Garnett spoke, so there is no questions that he represented them. Motion passed unanimously by roll call vote. F-5 Discussion - Airport Parking Lot Franchise (Public Works Committee) I f KENAI CITY COUNCIL MARCH 19, 1980 Page 13 Councilwoman Glick said some time ago, we had complaints on towing cars away and vandalism, we installed lights and this has out down on the problem. We thought we should have franchised parking and sent out bids. We received two. We came to the conclusion we are not ready to go to this. Councilman Malaton said we also asked the administration to check into ways to keep the lot cleared. Councilwoman Glick suggested the Council direct administration look for funds to pave the short and long term parking lots, and plan to shorten the long term parking, and ways to clear the lot for cleaning. Councilwoman Glick also directed the ad- ministration to send letters to proposers to thank them and we will keep them in mind for future reference. G NEW BUSINESS 0-1 Bills to be Paid, Bills to be ratified MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the bills as presented. Motion passed unanimously by roll call vote. 0-2 Requisitions Exceeding $1, 000 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the bills as presented. Councilman Malston asked Atty. Delahay regarding Atty. Garnett. Where do we stand, how much have we paid at this time? Atty. Delahay replied that Atty. Schlereth asked Atty. Garnett to notify us at $5.000 of expenses, but we've exceeded that, He didn't know how much. Councilman Malston asked if this includes the Constellation and one other. Atty. Delahay replied the Constellation is the smaller amount. Councilwoman Glick noted that when it first came up, it was supposed to be $3,000 to $5,000. Atty. Delahay replied that might have been -the estimate, it has gone above this. Motion passed unanimously by roll can vote. 0-3 Ordinance 555-80 - Amending Title 4 of Uniform Building Codes. Exit Facilities. r TA - KENAI CITY COUNCIL MARCH 19, 1980 Page 14 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. G-4 Ordinance 588-90 - Amending Municipal Code - Reconsideration of An Action at the Same Meeting MOTION: Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed unanimously by roll call vote. G-S Resolution 80-32 - Election of Debt Approval for New City Hall - $400,000 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. Carmen Gintoli, architect, spoke. He explained that he had told people that the resolution was coming up tonight, but he didn't ask them to testify. JOAnn Hagen, public health nurse, spoke. She said she was in support of the health center in the City Hall. They are currently providing services in deplorable conditions. Mayor O'Reilly asked her how many people she services. Ms. Hagen replied 9000 in the last two years. The heaviest is immunizations, two times a week. They average 120 people going through in an afternoon. Mayor O'Reilly asked if she had looked at the plane. She replied she had. Mayor O'Reilly asked if she felt there was any conflict with the City services. Me. Hagen replied no, they are downstairs, and have use of the lobby. John Wise spoke. He said he agrees with the building of a new City Hall. The resolution was a properly prepared document. The resolution asks if the$400,000 is by bond or by cash, not whether or not the building should be built. He opposes the resolution in its Present form. The revised version should be: H 0 KENAI CITY COUNCIL MARCH 19, 1080 Page 15 "Building of City Hall building should include the question as whether or not we should build the building and should we build it with bonds." Methods of financing are: 1. CEIP 2. Civic Center Bond 3. General Obligation Bonds a Capital Improvement Bonds (Total $950,000) Federal funds are authorized and loan funds may be avoidable at 4% interest. There are a number of reasons people will support the building: 1. The terminal needs upgrading 2. Jobs are a plus in the building field 3. Construction will incur downtown development 4. 4% at well -below rate will free funds for other projects. ,_.) There are other benefits, true, but what will that do to the mill rate? Mayor O'Reilly noted he believed the Farm Home rate to be 5%. Mr. Wise said In any case it is -a legally approved federal funding program. The question is, are the funds available. We should have started five months ago. You are not asking the right questions. If you can't jusft the building, no matter how much it is needed, to the benefit of the taxpayers of the City, you should resign. The res- olution is wrong. We're tired of being told what is good for us. Mayor O'Reilly then declared a recess for the Council to read the memo from him to the Council and Administration regarding the $400,000 to be financed, and methods of doing this. Atty. Delahay read the amendments proposed to be made on the resolution. Carmen Gintoti spoke. He noted if the Council decides to amend the ballot, the contractors will not go out to bid until this is settled. It would cost the contractor $5,000 to $7,000 to put out a bid, he will not do it ii there are any questions. Councilman Malston noted, on the days advertised, he thought the ad should be In Wednesday'e paper. so it will go to everybody. Atty. KENAI CITY COUNCIL. MARCH 19, 1980 Page 16 Delahay listed the dates of publishing: March 21, 26 a 28. He explained the code only requires it to he advertised twice, but we wanted it in the advertising a entertainment issue to give the widest possible view. Councilwoman (flick noted it would not make the Thursday edition (March 20, 1980) . Atty. Delahay explained it had already been placed in the paper, and could be retracted if the Council chose. Councilman Malston suggested the ad be placed in two Wednesdays. Atty. Delahay said that could be done, that will make it a total of five times. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to amend the resolution as per the amendment put out by Atty. Delahay. Motion passed unanimously by roll call vote. Councilwoman Glick took the Chair. Mayor O'Reilly spoke. He reviewed his memo, and said Finance Dir- ector Brown had told him if we put all we could into the building, we would find outselves in a squeeze. Alaska Pacific Bond Bank handles municipal bonding. Dave Rose, of the Alaska Pacific Bond Bank, is asking for subsidy to fill in the difference between municipal bond limits and the bond rate. Farm Home had 6%bonds from the City for water a sewer. It has been stopped by federal policy, we won't know till April if funds are available. We must realize: a. We have stated publicly we intend to build City Hall b. We have sufficient funds to finance, but this would cause capital improvement fund narrowness in 1082-1983. c. We have the worst bond market in history, the worst time to borrow. d. Is it better to put the funds into TCD's or construction. If we pass the resolution tonight, we vote April 9. We could go to the municipal bond bank. If this is disapproved, we can pay cash, balancing judgment that cash is better in building than in money certificates. We could wait until 1962 or 1983, things would get better and borrow at that time, or proceed with the vote, go to Farm Home, have a 2nd election for sewer plant expansion. Or if the vote is negative, go to FHA with the resolution for a vote to borrow money, or proceed with cash and wait till the money situation gets better. TA KENAI CITY COUNCIL MARCH 19, 1080 n Page 17 Councilman Hall asked if the entire resolution was on the ballot, Atty. Delahay said just the proposition. Councilman Han said on the proposition, the only mention of figure is $400,000. There is no mention of the $900,000.. Unless the public has been following the procedures, it is very misleading. As he understands it, it to going to be built anyhow. Also, as he understands it, $900,000 is not true anyhow, such as street preparation, equipment is not included. What is the total dollar figure for equipment? Councilwoman Glick asked Mr. Gintoli if we are still looking at $1 Million plus. Mr. Gin- toli replied he had told the Council he would revise it to give the cost at under $1 Million. All indications are we should get it at $1 Million. The builder told him he was 10% higher. Councilwoman Glick asked if the equipment was included. Mr. Gintolt replied no furnishings were included. The acoustical partitions and counter in the lobby are the only furnishings included. Councilwoman Glick asked were the on -site water a sewer included. Mr. Gintoll replied only to the street . Councilwoman Glick asked if it goes to Beaver Loop. Mr. Gintoli replied water a sewer and gas will go to Main Street loop. The electricity will go to Pidalgo, none on Beaver Loop. Councilwoman Glick noted we will have additional charges to go to Beaver Loop. Public Works Director Kornelis said when we get into construction phase, we have no idea when water a sewer will go to Beaver Loop. Mr. Gintoli said as it stands now, utilities will 90 to Beaver Loop. If you change it to Fidalgo, it will cost more to go around the building. Mayor O'Reilly said we are applying for $1,900,000 for sewer on Fidalgo. Council- man Hall asked Mr. Kornelis, there has been no engin- eering? Mr. Kornelle replied Mr. Gintoli has designed so we take from existing lines on Beaver Loop. There is a good chance CEIP will provide lines down Fidalgo, Bidarka a Barnacle. The only problem is getting approval by construction beginning, we will have to decide at the next meeting. Councilman Mueller said he agreed with Council- man Hall. He would like to have the cost inserted in the ballot. Council- woman Glick asked in the ads, is there a breakdown of various break- downs of money, or could it be done? Mayor O'Reilly noted a change would mean there would be a legal problem. Atty. Delahay explained it would not be a legal problem, but it could be misleading. We don't know till the bid is in, it is an estimate. All you are asking them to do is vote $400,000. Mayor O'Reilly noted Councilmen Hall and MVA0r feel the $1 Million should be inserted. Councilmen Hall and Mueller agreed. Atty. Delahay said if you change, you will change the election time. Mayor O'Reilly asked, is the April 9 date for budget review? Atty. Delahay replied yes, Mayor O'Reilly asked why. Atty. Delahay explained whether the budget will be all used for City Hall or for other projects. Mayor O'Reilly noted we have two budgets, capital and operating. unless there are principal and interest repay - ,a. I' 1 _ .--•-,mot..- = - - -- ---,_-�v��---�-_�-�- _ ____ : _. _- - ._ -- .:.�_ -- -. __._ - ---- --= �- .- _.._.. KENAI CITY COUNCIL. MARCH 19, 1980 Page 18 ments in 1980. He asked Mrs. Parnell if she knew of any. Mrs. Parnell replied no. Atty. Delahay said there is no urgency as far as the building costs, we have cash. Councilwoman Glick asked if we break down the total in the paper, would that help. Councilman Measles suggested we make the breakdown separate, have.a separate article with the breakdown. It doesn't have to be part of the notice. Councilman Hall said if they see all the proposal, they would be more receptive. Mr. Kornelis said we could have the corrections next to the notice in the paper. Councilwoman Glick asked if the corrections are already in the paper. Atty. Delahay replied yes. Mayor O'Reilly stated if there are any errors in the election process, the City Attorney and the City Clerk are not in error. The situations change so fast, they have had difficulty keeping up with them. He then explained to Councilman Hall that the $400,000 bonding issue has not changed, just the explanation as to how financed. Councilman Hall said he would like to have the $900,000 in the proposition. Mayor O'Reilly asked if the Council should expend $1 Million without voter approval. Councilman Hall replied no, we already made a decision on that. Just let the voters know they are looking at $1 Million, not $400,000. Atty. Delahay noted the only necessity on the ballot is borrowing money, the estimate could be changed. It will also change the voting time if we change the ballot. State law requires municipal advertising on the total bond indebtedness, is not required of a home rule city. The intent of the City is to do this anyhow. This to more information going out to the voters, but it to not required. Mayor O'Reilly said if we change the figure to $1 Million on the ballot, after "portion of funds." That seems to be the best figure. He asked Atty. Delahay if that would be acceptable. Atty. Delahay explained it would change the election date, but that is up to the Council. Mayor O'Reilly noted we have a problem with Finance Director Brown and the budget and a contractor's problem with the delay. Councilman Mueller said he was under a misunderstanding. As long as it is in the ad, it doesn't have to be in the ballot. Mayor O'Reilly reminded tha Council that if we vote yes, and the people vote yes, we have to go to a bond bank, there Will be more delays. Councilman Mueller noted the ballot proposal says there can be other types of indebtedness, Farm Home can be used, Mayor O'Reilly replied except Farm Home will not take a City Hall building. John Wise spoke. He said he disagreed with the Council. Councilwoman Glick referred to Mr. Wise's state- ment - "Give the people a chance to vote on the building," she asked Atty. Delahay., do we have to give the people a chance to vote to build. Atty. Delahay replied no, if you have any question, you can bring a referendum to the people. The only time you must bring it to the people is when you borrow money. Councilwoman Glick asked a rhetorical question, how did we arrive at the decision to build a i 0 f KENAI CITY COUNCIL MARCH 19. 1980 Page 19 city hall, we needed a building, at first we just wanted any building. Then the need changed it to adding Council chambers. We had various offers. The Northern Commercial building needed water & sewer changes. The Baldwin & Rogers Building (sic: Trading Bay Professional Center) was reviewed, it also required renovation. Councilman Hall said he had no question that we need a building. Councilwoman Glick said she Just wanted it on the record that we did look at other offers. John Wise spoke. He asked, are you afraid the voters will refuse if it went to a vote? Councilwoman Glick replied no. She has seen no petitions, she has received no phone calls. Mr. Peterkin changed his mind after Atty. Delahay spoke to him. Mr. Wise asked, you're going to have an election. Are you afraid to ask for a vote? Councilwoman Glick asked is it necessary? Mr. Wise replied he would rather be morally and ethically right. Councilwoman Glick said it was approved at Planning & Zoning. Council has the right to make decisions. Mr. Wise said, why not ask? Councilwoman Glick took the chair. Mayor O'Reilly spoke. He said time is important. Building costs es- calate daily, if we can satisfy moral and ethical considerations, the people are well -aware of the Council members. There are a number of reasons the Council has been delayed. Other buildings have been shown, with a 30 year life, a building fresh and new is the prudent way to go. He suggested advertising with full disclosure, without influence one way or the other, the full course of project, the gill source of funds. MOTION: Councilman Hall moved, seconded by Councilman Mueller, to adver- tise the project, with full disclosure, without influence one way or ' the other, the full course of the project, the full source of funds. Motion passed unanimously by roll call vote. ! Mayor O'Reilly said he will be in contact with Farm Home and the bond bank. He reminded the Council to be aware we are in dangerous waters. Councilwoman Glick noted we do not have to make the decision tonight. Mayor O'Reilly replied he will notify Dave Rose tonight and be "plugged In." Councilman Mueller said he had some information on Farm Home, he will give to the Mayor. G-6 Resolution 80-33 - Transfer of Funds, General Fund Budget - Finance Department Employee to Attend Seminar - $300 R KENAI CITY COUNCIL MARCH 19, 1980 Page 20 MOTION: Councilman Malston moved, seconded by Councilwoman (click, to approve the resolution. There was no public response. Motion was approved unanimously by roll call vote. 0-7 Resolution 80-34 - Supporting Senate Bills 451 a 452 - Mini -Dome MOTION: Councilman Malston moved, seconded by Councilman Hall, to approve the resolution. Parks & Recreation Director McGillivray spoke. He said he was asking for support of the bill, the bill is just a study. Mr. Gintolt spoke. He said he is not a resident of the City, he does not oppose the facility, just oppose the energy -inefficient buildings. Insulation in the roof of the City Hall is 100 times better than the u-value they describe in the mini -dome. He referred to the information from the material that Mr. McGillivray had, u-value of 2.8 in the mini -dome roof. Mr. Gintoli continued, their reports say there to no heat loss through the roof, yet they state they remove snow from the roof by blowing warm air through two membrane layers to melt snow from the roof. Motion was approved unanimously by roll call vote. G-8 Resolution 80-35 - Transfer of Funds - General Fund - Moving Ex- penses for City Manager - $6, 500 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public response. Motion was approved unanimously by roll can vote. G-9 Resolution 80-36 - Transfer of Funds. General Fund - Patching Library Roof - $1.800 R TA KENAI CITY COUNCIL MARCH 19, 1980 Page 21 i ! MOTION: i Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. I 0-10 Resolution 80-37 - Transfer of Funds, General Fund - Attorney Fees Kenai Peninsula Newspaper Case - $2,000 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. i 'i There was no public response. Motion passed unanimously by roll call vote. G-11 Resolution 80-38 - Transfer of Funds, Fire Personnel Uniforms - �380. i MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. 0-12 Resolution 80-3V -'transfer of Funds, Airport Operations Manager to Attend Seminar - $100 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. There was no public response. J Motion passed unanimously by roll call vote. I f• I T1 _ 19 KENAI CITY COUNCIL MARCH 19, 1980 Page 22 0-13 Resolution 80-40 - Transfer of Funds - Police, Jail Uniforms - $668 MOTION: Councilwoman (click moved, seconded by Councilman Measles, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. 0-14 Resolution 80-41- Transfer of Funds, Shop Operating Supplies - $6,500 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public response. Motion passed unanimously by roll call vote. 0-16 Resolution 80=42 - Support of Susitna Hydropower Project i MOTION: Councilman Malston moved, seconded by Councilwoman (click, to approve the resolution. f There was no public response. Motion passed unanimously by roll call vote. G-16 Resolution 80-43 - Authorize City Manager to Execute Agreement with Soil Conservation Service and Amend Contract with USKH Atty. Delabay explained this was from Ordinance553-80. z MOTION: Councilwoman Glick moved, seconded by Councilman Malston, j to approve the ordinance. There was no public response. 1 J KENAI CITY COUNCIL MARCH 19, 1980 Page 23 Motion passed unanimously by roll call vote. 0-17 Resolution 80-44 - 1980 Airport Electrical Improvements Councilwoman thick explained at the Public Works Committee meet- ing, all were about the same when reviewed more closely. Galliett was removedbecause Mark's Eng. had no airport experience in his credentials .CH2M Hill is the most complete. Forsi had additional costs, it is a preliminary figure only. Wince, Corthell is $50,000, the inspection is above that. The committee recommends the con- tract go to Wince, Corthell. There was no public response. Motion passed unanimously by roll call vote. 0-18 Lease Renewal of Airport Lands - Wometoo Lathrop Co. At the request of Atty. Delahay, this will be deferred. He explained this is in the airport clear zone. Councilwoman Glick said the lease with Mukluk is also in the clear zone. She asked Atty. Sehlereth If _1 it was okay, he said it was. Atty. Delahay explained it may be res- triction on height, but he would like to check it out. Council concurred with deferment. 0-19 Lease Renewal of Airport Lands - Ackerly a O'Connell Mayor O'Reilly noted this should read, "Assignment of Lease." MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the assignment of lease. Motion passed unanimously by roll call vote. 0-20 Wince, Corthell, Bryson a Press - Billing for Frontage Road - $10,374 MOTION: Councilman Measles moved, seconded by Councilwoman Glick. to approve the bill. KENAI CITY COUNCIL MARCH 19, 1980 Page 24 Motion passed unanimously by roll call vote. G-21 Wince, Corthell, Bryson & Freas - Inspection on Airport Way - $1,808 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the bill. Motion passed unanimously by roll call vote. 0-22 Wince, Corthell. Bryson & Freas - Basic Engineering, Airport Way - $1,498.75 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to to approve the bill. Motion passed unanimously by roll call vote. 0-23 Wince, Corthell, Bryson & Freas - Construction Services, Well House #101- $206.34 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the bill. Motion passed unanimously by roll call vote. 0-24 Office Space for Jim Swalley - Sub -Lease from AAI Mayor O'Reilly asked Airport Manager Swalley if he just wanted approval to negotiate. Mr. Swalley replied yes. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the proposed action to sub -lease from AAI. Motion passed unanimously by roll call vote. H REPORTS 1. KENAI CITY COUNCIL MARCH 19, 1980 Page 25 H-1 City Manager Acting City Manager Kornelis said CH2M Hill did not show up on agenda item C-2. He explained the sewer treatment plant problems. There is a new regulation that we may have to chlorinate and dechlor- inate outfall. We will need samples from the beaches. The interceptor line has been pulled out of the grant. He discussed a letter dated June 20 regarding the interceptor line through old town or through Spur Hwy. Council approved the old town line. CH251 Hill said they did not have soil samples. Mr. Kornelis reviewed the records, and I found CH2M Hill has concentrated their efforts on Spur route. He be- l lieved they will be back asking for an increase in their grant. Coun- oilman Malston asked didn't they recommend the Old Town route? Mr. Kornelis replied yes, and they said they would be replacing the lines on the bluff. Because of the problem with the soils, we are asked to take this out of the grant leases. The City has sent a letter to DEC. F He said he explained the importance of the interceptor line. The E grant has been reduced to $1,086,000. The total reduction is $1,780,000. 1 It will go bank in under Phase i (Sewer Treatment Plant, Phase II E (interceptor Line), Phase III (Outfall). The Outfali is next year's 3 project. Councilwoman Glick asked, will Mr. Kornelis get written ' statement to that affect? Mr. Kornelis replied no, he could not put it in writing. When we send in the new grant application, he will rush it through. Councilman Malston asked when will that go through? Mr. Kornelis replied as soon as soils are done and they get the eng- ineering out of the way. He has a copy of the letter the administration sent out if the Council is interested. Mayor O'Reilly asked 9 he needed k a vote. Mr. Kornelis replied no, there will be a meeting March 20, and the bid opening is April 3. Mayor O'Reilly asked it the major part of the construction will go through this summer. Mr. Kornelis replied yes. Mr. Kornelis discussed the grant application for Pidalgo, Barnacle and Bidarka. The City has been deferred for the projects. He has asked for $55,000 to do a study from the deferred money. There is a good possibility they will accept it. It no word is received by April 2, we will bring it into Couneii for authority to study. Mayor O'Reilly noted we have promised the State we will have a study ready - --=--- by July i. Councilwoman Glick asked will you do the engineering in- house? Mr. Kornelis replied no, is we cannot get it by April 2, we will have to do it with our own money. Mr. Kornelis then noted there is more moneycoming up in CEIP, he has applied for street projects. The chances are questionable, we are ' one of many KENAI CITY COUNCIL MARCH 10, 1080 Page 26 Mr. Kornelis reviewed the lube rack as mentioned in his memo. He then reviewed the street map and house numbers status. March 21 and March 22, Public Works personnel will be at the Mall to give out house numbers. He then discussed the street name changes. Thero will be a hearing at the next Council meeting and next Planning & Zoning meeting. The resolution will be at the next Council meeting. H-2 City Attorney Atty. Delahay noted he will not be in the office March 20, 1980, he will be reviewing the bankruptcy files on Sea -Catch. He then discussed the "Connie." We might have to start suit to get the plane back. He noted if anyone heard booms, the City is held harmless on this. They are seismograph tests, there will be another one coming in. H-3 Mayor Mayor O'Reilly noted the letter from Chief Winston. He has prepared a letter for Council review, but it has not been sent. He would like Council approval. There was no objection from the Council. Mayor O'Reilly then noted Visions had wanted a sample house in Kenai, the Mayor's house didn't work. He then discussed the Job Corps. He may have a consultant job with Wildwood, he wanted the Council to know. Mayor O'Reilly nominated Marvin Dragseth for the Harbor Commission. MOTION: Councilman Malston moved, seconded by Councilwoman (hick, to approve Marvin Dragseth for the Harbor Commission. Motion passed unanimously by roll call vote. The Mayor asked if some of the Council members would review I. I 9z i KENAI CITY COUNCIL. MARCH 19, 1980 Page 27 the City jail. Councilwoman Glick and Councilman Hall said they will go over. The Mayor then reviewed the coming trips to Juneau. Commissioners Wagoner and Dragaeth from the Harbor Commission will go down and hand out the capital improvement project booklets. Dick Morgan of the Recreation Commission will go down with the youth center. The Mayor will be down all the week of March 24,1980, plus the Mayor's conference. April 15, 1980 the Harbor Commission information should be ready. We need Council involvement. r Regarding the Municipal Assistance Fund - We presently have $130,000 coming in, it could be $280,000 to $300,000 for 1979-1980, $440,000 for 1980-1981. He suggested the Council contact the leg- 1 islators H they can. , Councilwoman Glick suggested the Mayor inform the Council of the Patent on Section 36. Mayor O'Reilly did so, and asked Atty. Delahay if it had been recorded. Atty. Delahay replied yes. Mayor O'Reilly said we should let Planning & Zoning know: 1. The City's intent to send to the private interest a letter as soon as it is platted. 2. Use the comprehensive plan as a base guide line for Planning and Zoning to work with f Councilman Malston said we should have a work session with Planning and Zoning to start off. Mayor O'Reilly suggested Planning & Zoning could take 5 people from the Land Committee to review and bring in- formation back to the Council, with reasonable haste, then have joint work sessions with Planning & Zoning. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, for formal acceptance receipt of Section 36. Motion passed unanimously by roll call vote. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that Section 36 be referred to Planning & Zoning and a small nucleus of former land commission members do some ground work. The land committee would start Procedures to dispose of land using the eompre- t. I KENAI CITY COUNCIL MARCH 10, 1980 Page 28 hensive plan, bring to Planning a Zoning for review. Their mandate to to move this land as rapidly as possible without playing the real estate market. Motion passed unanimously by roll call vote. Mayor O'Reilly said the budget for handling capital improvement plan does provide for secretarial services. The administration is swamped, the City Clerk noted last year there had been 198 letters typed for the Mayor, this year there have 140 in the first two months. Did we pass a resolution for this? Councilwoman Glick said she thought we had transferred funds. Mayor O'Reilly directed Atty. Delahay to research these funds, and notify Council as we may have to hire extra help. He noted Homer has spent many trips and a year on their project for their harbor proposal. Councilwoman Glick said on the update of the capital improvement projects booklet: some of the Council had already seen the document, and she noted all the administration had worked on the job. The Staff should be recognized for their excellent job. There were 89 copies made. H-4 City Clerk Mayor O'Reilly reminded Clerk Whelan to get the Oaths of Office for Atty. Delahay, etc %done. Clerk Whelan replied yes. 0-5 Finance Director None G-8 Planning and Zoning None G-7 Kenai Peninsula Borough Councilwoman Glick reported on the comprehensive plan. 4 other plans were reviewed and she reported how the Assembly members voted. She said our plan does not show areas to be annexed. It also shows how outside areas could affect inside areas. She explained Czuncil- man Ambarian moved for introduction, and amended the motion for the deleted portions. The amendment failed, the main motion failed. Mr. Long voted with the City. Assembly member Corr moved for re- sideration. If the missing members are at the next meeting, we will win. Councilman Measles asked, with the amendment? Council- woman Glick replied yes. Mayor O'Reilly said he wished to compH- m KM 1 KENAI CITY COUNCIL MARCH 19, 1980 Page 29 meet Councilwoman Glick for going over to deal with the situation. G-8 Harbor Commission Mayor O'Reilly read the letter from Bob Roper. He said Mr. Roper is looking at several large lease payments and having difficulty fi- nancing. Chances are the City will and up having it for a small boat harbor site. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that a request to repurchase leases B&C in the amount of $150,000 has been tendered to the City. The Commission recommendation is to turn down the offer. We accept the recommendation of the commission. Motion passed unanimously by roll call vote. Councilman Malston asked has he been paying on the lease? Atty. Delahay replied he is current, his next payment is July 1. Mayor O'Reilly noted, it is unfortunate, the man did try. I PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilwoman Glick said Mayor O'Reilly had asked about the letters from Ted Forsi & Assoc. regarding the Kenai and Soldotna airports. On Dec. 5, 1979 he came before Council and offered to lobby. This Is the only time he has Hone anything for us. Mr. Forsi, said he has been working with us for two years. He said Kenai has shown an in- terest, Soldotne has not. He has misrepresented himself. Public Works Committee recommends Mayor O'Reilly write a letter to Mayor Gilman and Mr. Larson of the FAA, stating: 1. Mr. Forsi appears to have misrepresented himself and his lobbying efforts of Aug. and Dec. 1979. 2. Mr. Forsi has not communicated with Kenai any ideas on transportation study. We are totally in the dark as to where he got the idea. S. Woodward -Clyde is involved in a study with the Borough on all forms of transportation, is part of a regional transportation study, part of the City plan. The Alaska Municipal League has a grant for a study. Since studies should not be redun- dant, we feel this is unnecessary. t. I KENAI CITY COUNCIL MARCH 19, 1980 Page 30 She further stated Mr. Forst came before Council as being a lobbyist on Dec. 18, 1979. Mr. Swalley, Mr. Brown and Mr. Kornelis were involved with ADAP grants. We should probably be getting money for electric generators. FAA is concerned with the safety aspect. Mr. Forst received the contract with no starting or ending contract. Since we have received a grant on electric generators, Mr. Forst should be contacted and ask for an accounting, and the contract closed. Mr. Kornelis, Mr. Swalley and Mr. Brown can cover any more action. MOTION: Councilman Malston moved, seconded by Councilman Measles, to have administration contact Mr. Forst, ask for an accounting, and close his -contract. j/.Y y� , x Councilman Measles said we owe him $450,000. He would come back before he went any further. Councilwoman Glick replied yes, we would want it substantiated. Mr. Kornelis said he is required to sub- mit a justification report. He said he would ask for it at the time of the billing Motion passed unanimously by roll call vote. Councilman Malston asked Atty. Delahay, after receiving a report from Atty. Garnett regarding the Clarion suit, we have spent several thous- and dollars, how does he feel about the suit? Atty. Delahay replied we have no other alternative. It is an important enough point and chances of winning are good enough that it should be pursued. We've spent so much money, we should go forward. Mayor O'Reilly asked do we get the fees back? Atty. Delahay replied in the Supreme Court they usually give costs like $50 filing fee and atty. fees. Councilwoman Glick asked if he felt the case is weakened from what it was. Atty. Delahay replied a little weakened, but worth the money. ADJOURNMENT Meeting adjourned at 1: 00 AM Respectfully Submitted, j J Whelan, City Clerk April 7, 1980 City of Kenai Box 580 Kenai, Alaska, 99611 Gentlemen; In April of 1978, we applied for and receivcd a lease on Lot 5-Second Addition of Etolin Subdivision. According to the contract, we were supposed to start construction within 2 years from the original date on lease. Our intentions were to have the building completed by this time but, financing, interest rates and a slow economy does not, in our best judgement, warrant another empty building in Kenai. In light of all that is not happening now, we feel that we must dis- continue our lease. We have thought about a two year extention on the lease, but do not feel that the high lease payment on undeveloped land would be in our best interest. However, if the council were willing, we might possibly he able to continue with a•lease price of one-third what it is now until the time of actual construction or a period of two years, whichever comes first. We would also be unable to continue payment of utilites or taxes until time of construction. If the council is interested in continuing our lease on this basis, we would like to consider construction at a later date. If the council is not interested, please consider this letter our written notice of`1terminati6n--ef our lease. Respe %tf / matted, oy dye Hazel P. Oyer �•t: fR f as„ I f C vivo a: / �r�)i»�� 7fo Ir•�n, f. +►.'i� r April 7, 1980 IRSCSIVS9 lk. pZ $ Mayor Vince O'Reilley and City Council I DEPf. F Pll Box 580 C1T- slt^. KEd'"PRS Kenai, Ak. 99611 Dear Mayor O'Reilley and Council Members, Enclosed you will find photostats of photos showing the damage caused by a city employee to my private property. Sorry to plague you with additional break-up problems, but as you can see by the pictures there is no excuse for the damage to my property. Upon return to my office after the Chamber of Commerce meeting on Wednesday,April 2, 1980, I learned of the damage. I immediately telephoned the city's 283-7530 number to report the damaging action. I identified the location (Chinook Court, Leo T. Oberts Subdivision) across from the Highland Trailer Court to the lady who answered the phone. I informed her an over zealous city employee had ditch- ed back up water into the middle of the cut of my river road and I wanted the action corrected as costly, extensive damage would result and I would hold the city responsibile. I was placed on hold while she informed the proper department. I further advised the proper procedure was to drain the excess water in the ad- jacent field where water drains harmlessley into it's normal pattern, down the Kenai Spur Highway drainage system. -, You can imagine my surprise when I returned home after work to find no correc- tive action had been taken. I may have been able to forgive the irresponsib)q action of an over zealous city employee but to deliberatly ignor my prompt re- porting to City Hail of city caused damage, with no corrective action taken, Is unforgiveable. My river road is expensive to repair. Excess water direct- ed to tumble down the center on my bluff road causes rapid erosion as well as possible silt damage by silt deposits on wet lands. The erosion by water, tumbling down my bluff road is rapid, as picture 03 indicates - here water broke out from under the ice cover near the bottom of the hill. The full ex- tent of the damage will not be known until after break-up. For your information - above was prepared for mailing Friday, April 4, 1980, but due to holiday weekend and early office closing was not finished for mailing. How for insult of insults - on Friday, April 4, 1980, a city grader operator actually was out in the subdivision, but took no corrective action, leaving the mess as is. You can see you have a real people problem. will be appreciated. Sincerely, 0, -, " �,- W" 6, Leo T. Oberts Youraction on my claim -surely voe �t ev'm Opp� LT0/cw 17vm • log Ko G� V E E a t t 0-0 (00 �t * 1 . ,' .' :•ram ^ r`�a•--.... �' ATI •. . ter,. �: `�. • • r. rJn /.+)•. • � 1".•.�i1r� flcsl 1 4k 7' • �' �C' T'U A'G: ; .�/,�,�'� it �� +J G �!'. iV / iV i i i 4 _ � a a OWN -Orr - - W-k- �� ,�� ,� i i � �'� �� _.. �. � � �'��2� � �'P' �s , ��V, '^>'a'zry1,, S i r � if � .. 'l�w•�%St�. ��i. r' � j� •� ew r , �r ,� �� fI ' �' �� 'j+ t' . � i"' - •� ' � � �' /!R f ( -i J Y • � ; �• • \ /� ' — . 1 t _. — .. �.f .Z�.� T1 __ - - • CITY OF KENAI I.O. DOX NO KINA1. AtASKA 99611 TRIPHON1 213 - 7536 MEMO TO: HONORABLE MAYOR & CITY COUNCIL FROM: DEN T. DELAHAY, CITY ATTORNEY RE: AMENDMENT OF LEASE WITH JACK THOMPSON LOT 10, ALYESKA SUBDIVISION DATE: APRIL 10, 1980 Attached hereto is a.copy of'ainAmendment 'to Lease furnished by Mr. Baldwin for the above -described lease of Jack Thompson. This amendment"Id'In accordance.with the agreement made and approved by Council at the time-the.,suit'with Jack Thompson was settled, and; therefore, the Administration should be . IF authorized to execute it The suit has already been dLm'isselfby agreement, and this will complete All negotiations regarding theirental dispute on this proper dd me'if penalties and interest The Finance Depaitiment.: hm;p k should be applied to -these jbeki46, an4-my response has been that since this is a complete'-dettlement of a lawsuit on a disputed claim, that no peniliii''O"r interest would be applicable until at least 30 days after approval by the Council and execution of this Amendment by the City. This should allow ample time for delivery of the executed Amend- ment to Lessee through his attorney and payment of the agreed upon rentals through June 30, 1980. BTD/md Enclosure cot C. R. Baldwin, Esq. b &A mw a TMIOR AMENDMENT TO LEASE For good and valuable consideration, receipt of which is hereby acknowledged, the Lease Agreement dated October 1, 1968, between the parties hereto and covering Lot Ten (10), Alyeska Subdivision, Kenai Recording district, State of Alaska, is amended as followas 1. The annual lease rate for the five-year period beginning July 1. 1978, is $1,873.80. 2. Paragraph 10 is amended by adding thereto the followings Until June 30, 1996, the renegotiated annual lease rate shall not exceed 150% of the amount of the annual lease rate paid by the Lessee during the five-year period Immediately preceding the renegotiation date. After June 30, 1998, the limitation on the amount of future lease rates Imposed by this paragraph shall cease to be in effect. DATED: This day of , 1980. CITY OF KENAI ATTEST$ By AC TAC T OMPSON, sseessee t ' THE FOLLOWINO ITEMS ARE OVER 01,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATLON 4/16/80 VENDOR _ AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.Q. )?�PPj}•OVAI. +;?I' Air-Tek, Inc. 1,710.50 Toxivay Light Repair Airport M60 Repair b Maintenance 1,710.50 Alaska Travel Cache 1,061.59 Air Fare/Juneau/0'Railly Legislative Tranaportation 510.59 11927/1Y461 Y Air Faro/Juneau/DrageOth 6 Harbor Commission Transportation 551.10 11989 Wagoner Blue Crone Of Alaska 8,552.84 May Insurance, Promllnn Various Health Insurance 8,552.84 Chevron 1,230.09 Gasoline Shop Operating Supplies 1,230.09 11922/12022 4G „ . . Clary Insurance Agency 2,562.00 Additional General Liability Non -Departmental Insurance 2,562.00 €' 0 b A 1,014.94 Coffee Police Operating Supplies 71.92 12028 Coffee/Cleaning supplies Fire Operating Supplies 133.41 12004 Coffee Shop Operating Supplies 79.92 12030 t I'A , ' Food jail Operating Supplies 729.69 1192S/12036 '? Glacier State Telephone Co. 1,723.05 April Phone Service Various Communicatione 1,723.05 Homer Eleetria Association 6.283.45 March Electricity Various Utilities 6,283.45 RUSCO 2,581.03 March Gas Usage Various Utilities 2,581.03 '� ,... Peninsula Clarion 1,684.00 City Hall Vote Legislative Advertising 920.00 12041 , City Noll Funding Legislative Advertising 272.00 12041 Bond Oobe Legislative Advertising 28.00 12039 Shop Addition PW-Admin Advertising 120.00 11875 '^ House Numbers PW-Admin Advertising 56.00 11876 `.�• Street Names PW-Admin Advertising 96.00 11877 i . Playground Equipment PW-Admin Advertising 28.00 11848 t : - No Parking/Snow Removal PW-Admin Advertising 16.00 10814 Ceramic Studio CP-Addn Fort Remy Admin-Other 112.00 11717 ' Bypass Interceptor CP-STP Construction Admin-Other 20.00 11951 ?^ Engineering CP-Streets Admin-Other 16.00 12026 r ^ r •`t;. Rose Rent -It Center 1,331.25 Pavement Sea FRS -Streets Machinery 6 Equipment 19331.25 11666 ' f7j1-Y 3 j • 1 W" • ��',; �� ; OVER 01,4100,00 PAGE 2 .. VENDOR AMOUNT DESCRIPTION PRO.19CTr/0EPARTMENT ACCOUNT CHARGE AMOUNT P.O. tf t YOB APPROVAI. _,''.. Servieemsster 3,159.20 April Bldg. Maintenance Pullca Professional BorVieee 266.20 10054 .� . ;• _ , April HIdR. Maintenance library Professional Services 400.00 10056 April DIdg. Maintenance Terminal Professional Services 2,493.00 10059 FPR RATIFU TION Y:f�-• - National Bank of Alaska 27,002.00 March Federal W/H General Fund Liability 27,002.00 Aio'eks Dept. of Revenue 4,883.00 March State W/H General Fund Liability 4,883.00 2L r Ak. Nun. Employees Credit Union 8,750.00 March Credit Union W/H General Fund Liability 8,750.00 ' PBRS 18,032.97 March Retirement Various Retirement 18,032.97 :., Alaska StateBank 250,000.00 Certificate of Depoeit4/2/80 TCD Central Treasury 250,000.00 let National Bank of Anchorage 325,000.00 Certificate of Depoeit4/4/80 TCD Central Treasury 325.000.00 � 4ii i• s •� t r� •�L�,�'a ,1 .4 -- 1 - r 11 r—ter-__ _ T ..-ram _ ..-�- -�_ �� • --� /r e „ yy RRQULSITI0t15 OVER $1,000.00 WHICH ►JM.Rp COUNCIL APPRUVAI. 4/16/80 i t`>� VPtiiN1R p99CRIPTIO J _ DFPARj14VNT _ _--ACPAIAJT Yukon Equipment + ,�•:g Turbo Char ar/H drnultc Pump/Adaptor/ YP Sho Re air/Maint. Supplies P PP 2 714.74 , Valve/Gankatu/Sento .: Bob's Texaco Tlroo Shop Repair/Naint. Supplies 2,163.26 7.; Air-Tek, Inc. Taxiway Light Repair Airport N60 Repair 6 kktinteaaaee 1,710.50 ' U Carmen Gintoli 50 Additional Sets of Plano and CP-City Admin Bldg. Arch-Bng Basic Pee 2,750.00 Specifications 5' - t • rf } •tt r4 %voy U CITY OF KENAI ORDINANCE NO. 561-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING MONIES FROM THE STATE JAIL CONTRACT SPECIAL REVENUE FUND IN THE AMOUNT OF $10,500 FOR THE PURCHASE OF A MICRO -FILM SYSTEM FOR USE BY VARIOUS CITY DEPARTMENTS. WHEREAS, the State Jail Contract Special Revenue Fund has available in fund balance some $10,500 of monies remaining from the 1978-79 fiscal year, and WHEREAS, it is deemed appropriate that these monies be used to purchase a micro -film system, including a supply of film, that can be used by several City departments, including City Clerk, Police, Communications, and Jail, and WHEREAS, it is further expected that $5,500 of monies previously budgeted in the City Clerk Department for such micro -film equipment will be transferred to the Non -Depart- mental category to help pay for this equipment, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CIT7. OF KENAI, ALASKA THAT THE FOLLOWING INCREASES IN ESTIMATE[ REVENUES AND APPROPRIATIONS BE MADE: State Jail Contract Special Revenue Fund Increase Estimated Revenues: Appropriation of Fund Balance $10,500 Increase Appropriations: Transfer to General Fund $10,500 General Fund Increase Estimated Revenues: Transfer from Jail Fund Increase Appropriations: Non -Departmental -Machinery & Equipment Non -Departmental -Operating Supplies 11 $10,500 $ 9,000 1 500 10,500 1 Ordinance 561-80 Page 2 I IL PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of May, 1980. " VINCENT O REILLY, MAYOR ATTESTS Janet Whelan, City Clerk Approved by Finance: First Readings April 16, 1980 Cyr, Second Readings May 7, 1980 Effective Date: May 7, 1980 / r TO: CHARLES BROWN, FINANCE DIRECTOR FROM: RICHARD ROSS, CHIEF OF POLICE SU6.IECT: APPROPRIATION FOR 1978 - 1979 JAIL FUND BALANCE. i RE: PURCHASE OF MICRO -FILM SYSTEM DATE: MARCH 10, 1980 R>~QUEST: 1. The Jail Fund Balance, for 1978-79, in excess of $10,400, be appropriated to General Fund'and dedicated to purchasing of a microfilm system. 2. To these funds be added the $S,000 in the City Clerks budget for microfilm. 3. That a microfilm camera and two printer readers be purchased from these funds as well as a supply of micro -film cartridges and print out paper. a. 3M 3401 Camera 1 ea. $4,996.89 $ 4,996.RQ b. 3M SOO CT Reader Printer 2 ca. $3,463.SO 6,927.00 $ 11,923.99 PURPOSE: i 1. Provide microfilm capabilities to the Police (including jail t and communications) and the City Administration Offices. These are the two largest records keeping operation in the City of Kenai. This would provide for a microfilm camera so that records did not have to be sent elsewhere, at a great cost in transportation, employee time accompanying the records, as well - as cost of use for a camera. It would also provide for a micro- t film reader -printer to be located at City Hall and the Kenai Police Department. 2. Purchase of the 3M system would provide for compatibility with the system of the Kenai Peninsula Borough. The Borough would provide film development at a quoted $10.00 per roll. E f JUSTIFICATION: ` 1. During the past few years records storage needs of police and j Jail records has increased significantly. As a result it has been necessary to build cabinets in both the men's and women's restrooms as well as the police garage. Present-facillties in the Public Safety building for records storage ar at their limit of utilization. It Is required that these records be kept and that they he kept in a secured manner in which access to them is controlled. This precludes sending them elsewhere for storage. 2. Because of the dispersion of. records storage throughout our facility and the manner in which they must he stocked, information retrieval has been a slow and cumbersnme procedure. 3. In attempting to store these records the costs in filing cabinets, storage boxes and file folders has been significant. 4. These problems would be resolved with a Micro Film System. On one 4 inch square by 1 inch deep microfilm cartridge up to 4,000 legal size pages can be copied. The cartridges are encoded for instant location of document needed and if a print-out is necessary, it can be readily made with this system. Police records (including jail and communications) in excess of three years old would be placed on microfilm thus reducing record storage needs significantly. I have discussed this with the City Clerk, Janet Whelan, and she is in agree- ment as the need for both the microfilm camora and printor-reader for the City Administration, Attached is a copy of a newsletter outlining the experience of the Fairbanks Municipal Utilities in the utilization of the 3M system proposed for Kenai. Sincerely, Rd A. oss Chief of. Police Attachment CC: City Clerk RAR/lp w M I In October, 1976 the Fairbanks Municipal Utilities System sent a news letter to its' patrons which contained the following article. We Reproduce it here with their permission. MICROFILM USAGE CUTS PAPER COSTS The purchase of a continuous form micriotlim COMM early this yew has helped reduce our usage of mull-pt! carbon laterleaf paper, and conse. quently reduced our paper cats. At the same time we bare film lwted a storage problem and have been We to provide faster, mote accurate Me -- Webcustomeriilithourvolum4of e and our sumber'of customers increasing dramatically, we found It. uneeoaeormyleal to m alotalo a pa eopy oleo bill f9n'1dd to 11 air WD vo ume o to we t Wereased fsent, out. rom 710,Wto I.itS,t100 and durin Ilanit Is expected to e+eaeb 1.i00,000. bur monthly biblep increased from 14.000 In Itdd to 111,000 In 1974 and will exceed 10.W before the end of MS. In W3 our copies of the toll statements and monthly bills, amounted to a stack of papere0 fed tall. in I974, becauseof the W creased volume. this stack grew to approxlmately 71 feet. N we had not converted to microfilm. the stack would havetopped01 feet In iit7ti. However, at the beginning of IM we stopped ' printing that second copy for our records. and 1w stead began microfilming the original bills and toll statements as they came off the computer. This microfilm Is processed locally within 74 hours so that by the time the bill reaches pre customer. we have processed microfilm available for our Customer Servlce employees to use in answering ustomer inquiries. Our microfflra readers have a rid attachment so that it a copy is required. It can madelmmedlately. ow Instead of a stack of paper 91 feet high, o r mtbr'ofilm records for INS will all fit In one draws of d Min cabinet. This makes the information more readily available and eliminates the problem of losi.documents. And the end result Is better ser• vice at, wer cost to t7omer. n— I i CITY OF KENAI ORDINANCE NO. 562-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAL FUND BUDGET BY $6,500 FOR ADDITIONAL OVER- TIME IN THE POLICE DEPARTMENT. WHEREAS, as a result of providing security for Wien Air Alaska at the Kenai Municipal Airport, the Police Department has incurred overtime charges in excess of what was anticipated in the 1979-80 annual budget, and WHEREAS, Wien Air Alaska has been billed, and has paid, for this security provided, and WHEREAS, the Police Department needs to have the revenue received from Wien Air Alaska appropriated to its overtime account so that enough monies will be available for overtime for the rest of this fiscal year, 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 in the 1979-90 General Fund Budget be increased as follows: Increase Estimated Revenuess Security Charges $6,500 Increase Appropriations: Police -Overtime $5,410 Police -FICA 332 Police-PERS 464 Police -Workmen's Compensation Insurance 294 6 500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 7th day of May, 1980. VINCENT O REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approl!ed by Finances CTgZ First Reading: April 16, 1980 Second Readings May 7, 1980 Effective Date: May 7, 1980 CITY OF KENAI ORDINANCE NO. 563-80 , AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAL FUND BUDGET BY $12,000. WHEREAS, funds in the Shop budget for operating supplies and repair and maintenance supplies are depleted or nearly depleted, and r WHEREAS, it is desirable that monies be available for maintenance and repair materials for adequate maintenance of City equipment, and WHEREAS, monies can be made available from the Unappropriate Fund Balance of the General Fund, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the General Fund be wades Increase Estimated Revenues: Appropriation from Fund Balance $12,000 Increase Appropriations: Shop -Operating Supplies $ 2,000 Shop -Repair & Maintenance Supplies 10,000 l2 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th flay of April, 1980. VINCENT O'REILLY, MAYOR 1 ATTESTS a Janet Whelan, C ty C erk First Readings April 16, 1980 Second Readings April 16, 1980 Approved by Finances <<i+ Effective Dates April 16, 1980 i i i CITY OF KENAI RESOLUTION NO. 80-56 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 AIRPORT LAND SYSTEM BUDGETS From: Airport M & 0 - Operating Supplies ($2,500) Tos Airport M & 0 - Repair & Maintenance Supplies $ 500 - Repair & Maintenance 2,000 This transfer is needed to cover the cost of emergency repair work done on taxiway lights. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT O'REILLY, MAYOR ATTESTS �. anet Whelan, City Clerk Approved by Financess%i 2 r g CITY OF KENAI RESOLUTION NO. 80-57 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 WATER AND SEWER SPECIAL REVENUE FUND BUDGETS Proms Water & Sewer Services - Contingency ($2,500) To Water & Sewer Services - Overtime $2,500 This transfer is needed to provide more monies in the Water and Sewer overtime due to water and sewer line breaks. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT 0 1 REILLY, MAYOR ATTEST: Janet We - an, C ty Clerk Approved by FinancesfA&Ie u ut e CITY OF KENAI RESOLUTION NO. 80-58 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OP MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGETS Proms Contingency ($895.00) Tos Shop -Utilities $985000 This transfer is needed to provide additional monies for shop utilities through the and of the current fiscal year. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT O REILLY, MAYOR ATTEST: Janet an, City Clerk Approved by Finances COS' ` f i a -T- e) CITY OF KENAI RESOLUTION NO. 80-59 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGETS From$ Public works. Administration -Office Supplies . ($300) Tot Public Works Administration -Advertising $300 This transfer is needed to provide more money for advertising in Public Works, including advertising an expected vacant position. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASXA this 16th day of April, 1980. VINCENT O REILL , MAYOR ATTESTS Janet Melons, City Clerk Approved by Finances S - 3 a CITY OF KENAI RESOLUTION NO. 80-60 r 13E IT RHOOLVED BY THE COUNCIL, OIL THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES IN THE 1979-00 GENERAL FUND BUDGET BE MADE s Proms Parks -Salaries ($250) Too Parks -Advertising $250 This transfer provides monies for advertising for bids on Athlotic field fencing. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1900, VINCENT 0 REILLY, MAYOR ATTESTS ; E JWE Wolin, city C erk Approved by Finances r" -11 t` CITY OF KENAI RESOLUTION NO. 80-61 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES IN THE 1979-80 GENERAL FUND BUDGET BE MADEt Froms Parks - Salaries ($750) Tot Recreation -Miscellaneous $750 This transfer allows a contribution to be made to the Kenai Little League program for the hiring of umpires at little league games. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT 0 REILLY, MAYOR ATTEST: Janet Whelan# C y C er Approved by Finances C&Ag I i' CITY OF KENAI RESOLUTION NO. 80-62 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES IN THE 1979-90 GENERAL FUND BUDGET BE MADEs Froms Parks -Salaries ($200) Tos Parks -Professional Services $200 This transfer provides monies for the appraisal of certain park lands as required by the State of Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT 0•REILLY, MAYOR ATTESTS anet Whelan# City Clerk Approved by Finances C9•,1 J 1 CITY OF KENAI RESOLUTION NO. 80-63 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA TRANSFERRING $2,000 IN THE 1979-80 PARKS AND RECREATION BUDGETS, AND ALLOWING THE PARKS AND RECREATION DIRECTOR TO HIRE DEPARTMENT ASSISTANTS I AT A PAY RANGE 3. WHEREAS, the Parks and Recreation Director desires to employ several Department Assistants I to work as Super- visors and Instructors during summer recreation programs, and WHEREAS, the current budget allows only for the employ of part-time help by the Parks and Recreation Director, and WHEREAS, monies to employ such Department Assistants I are available on the Parks Salaries account. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section is The following transfer of monies in the 1979-80 General Fund Budget be wades Proms Parks -Salaries ($1,807) Parks -FICA ( 111) Parks -Workmen's Compensation Ins. ( 82 2,000 Tot Recreation -Salaries $1,807 Recreation -FICA ill Recreation -Workmen's Compensation Ins. 82 2L000 Section 2z The Parks and Recreation Director be allow to hire Department Assistants I in the Recreation Department, and that the pay range be set at Range 3. Resolution No. 80-63 f Page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk Approved by Finances Cc442 k ;J- CITY OF KENAI RESOLUTION NO. 80-64 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA DECLARING THAT THE CITY OF KENAI DOES NOT, AT THIS TIME, 3#AW ANY INDUSTRIAL WASTES DISCHARGED INTO ITS WASTEWATER m SYSTEM AND ACKNOWLEDGING THE FEDERAL INDUSTRIAL WASTES DEFINITION. WHEREAS, the City of Kenai does not now allow any industrial wastes to be discharged into its wastewater system, and r WHEREAS, the U.S. Environmental Protection Agency requires f that the City of Kenai give assurance of compliance with • 3 their requirements in the event that we do allow industrial wastes to be so discharged in the future. I _ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section is The City of Kenai does not now allow any industrial wastes to be discharged into its wastewater system, and Section 2s At such time that industrial wastes, as defined under Section 35.905 of the Construction Grant Regulations 40 CPR Part 35, are to be discharged to the '. facilities constructed under EPA Grant No. C-020077-03, the i City of Kenai, Alaska shall develop and adopt an industrial i cost recovery system consistent with the requirements of EPA's construction grant regulations. This cost recovery j system shall comply with the requirements of P.L. 92-500 and ! all regulations and guidelines pertaining thereto as they j provide at time of Step 3 grant offer acceptance or at the time of adoption of this resolution, if later. In the event that EPA requirements in the future are relaxed or otherwise changed, the City of Kenai may instead comply with such lesser requirements, if applicable. If EPA adopts new industrial cost recovery regulations that impose additional -- -, requirements upon a municipality after Step 3 award, or adoption of this resolution if later, it is understood that such new requirements will not be applied retroactively c unless failure to so apply such regulations would not be applied retroactively unless failure to so apply such regulations i would be in conflict with Federal law as it exists at that time. t I k ' , , i 4 i �i RESOLUTION NO. 80-64 Page 2 i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: 1 Janet Whelan, City Clerk I Approved by Finance: u M t 04 j CITY OF KENAI RESOLUTION NO. 80-65 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE CONTRACT FOR IMPROVEMENTS TO FIDALGO AVENUE,, BIDARKA STREET,.BARNACLE WAY, CAVIAR, AND REDOUBT WAY TO CH2M Hill PROVIDING A SATISFACTORY CONTRACT CAN 07 D E T T CITY OF KENAI ADMINISTRATION. BE NEa WHEREAS, the City of Kenai advertised for Engineering Proposals ffor the above project, and WHEREAS, the City of Kenai received responsive Engineering Design proposals from eight firms, with the following not -to -exceed figures: FIRM NOT -TO -EXCEED Alaska Engineers 4 Surveyors 35,425 Arctic Environmental Engineers 49,518 Bell, Herring, & Assoc. 75,000 CH2M Hill 37,500 Dowling -Rice 4 Assoc. 19,500 " --Peninsula Engineering 23,000 Ted Forsi 4 Assoc., Inc. 44,000 I Wince, Corthell, Bryson, Freas 54,000 WHEREAS, the City of Kenai has requested State Construction Grants for these projects and has indicated that the Engineering would be completed prior to July 1, 1980, and WHEREAS, all the above firms have indicated that they will have the Engineering for these projects completed prior to July 1, 19800 provided they are given the Notice to Proceed promptly, and (WHEREAS, the Public Works Committee has evaluated these proposals 01�Lill nd recommends the award of the contract to CH2M Hill providing a satisfactory contract can e negotiated with the City of Kenai Administration. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a contract be awarded to CH2M Hill/ for Improvements to Fidalgo Avenue, B3 ar a , treet, Barnacle T a-y; Caviar, and Redoubt Way providing a satisfactory contract can be negotiated with the City of Kenai Administration. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. ATTEST: Janet Whelan, ty C er 'L'• CITY OF KENAI RESOLUTION NO. 80-65 `IYA"`� A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE CONTRACT FOR IMPROVEMENTS TO FIDALGO AVENUE, BIDARKA STREET, BARNACLE WAY, CAVIAR, AND REDOUBT WAY TO PROVIDING A SATISFACTORY CONTRACT CITY OF KENAI ADMINISTRATION. WHEREAS, the City of Kenai advertised for Engineering Proposals for the above project, and WHEREAS, the City of Kenai received responsive Engineering Design proposals from firms, with the following not -to -exceed figures: FIRM NOT -TO -EXCEED WHEREAS, the City of Kenai has requested State Construction Grants for these projects and has indicated that the Engineering would be completed prior to July 1, 1980, and 1 WHEREAS, all the above firms. have indicated that they will have the Engineering for these projects completed prior to July 1, 1980, provided they are given the Notice to Proceed promptly, and WHEREAS, the Public Works Committee has evaluated these proposals and recommends the award of the contract to - providing a satisfactory contract can be negotiated w t t e City of Kenai Administration. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that a contract be awarded to -.- =-- for Improvements to Fidalgo Avenue, Bz ar a, treet, Barnacle Way, Caviar, and Redoubt Way providing a satisfactory contract can be negotiated with the City of Kenai Administration. PASSED'BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day • of April, 1980. t ATTEST: f JVINCENT OIRETLLY, MAYOR Janet Whelan, City Clerk r rbM CITY OF KF.:AI RESOLUTION NO. 80-66 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING THE CONSTRUCTION OF LUBRICATION FACILITY AND ADDITION TO SHOP BUILDING. WHEREAS, the following bids were received and opened at 2 p.m. April 10, 1980: AK Boiler Timberline International Cordova Heat Exchange Industries Steel Erectors Construction Service, Inc. Inc. Inc. Base Bid $92,000.00 $129,428.00 $92,500.00 S112,500.00 Ex. Excay. $6.50/cu.yd. $27.00/cu.yd. $9.50/cu.yd. $10.00/cu.yd. DD81 $ 2,800.00 $ 2,765.00 $ 1,S00.00 S 3,S00.00 DDOZ $ 1,200.00 $ 1,676.00 S 2,795.00 $ 2,800.00 DD#3 $ 8,200.00 S S,3S2.00 S 5,880.00 $ S,600.00 DD#4 $14,500.00 S12,573.00 $13,630.00 $13,S00.00 DD#S 8 800.00 $ 2,529.00 $ 3,000.00 $ 1,876.00 WHEREAS, sufficient funding for construction of the entire project has been appropriated, and WHEREAS, this project was bid with the understanding that the award would be made to the lowest responsible bidder, and WHEREAS, the lowest responsible bidder is ALASKA BOILER AND HEAT EXCHANGE SERVICE, INC. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the basic bid of ALASKA BOILER AND HEAT EXCHANGE SERME, INC. as the lowest responsible bidder for the Construction of Lubrication Facility and Addition to Shop Building be accepted and the construction contract be awarded to ALASKA BOILER AND HEAT EXCHANGE SERVICE, INC.in the amount of $92,000.00 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT , MAYOR ATTEST: Janet Whelan, City Clerk ` CITY OF KENAI RESOLUTION NO. 80-67 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR THE CONSTRUCTION OF SEWAGE TREATMENT PLANT EXPANSION TO BROWN CONSTRUCTION, INC. WHEREAS, the following bids were received for the above mentioned project: Bidders Base Bid Over Excay. Total Bid Brown Const. $3,597,415.00 $3.50/cu.yd. $3,599,515.00 Inc. $2,100 McWil $3,630,507.00 $6.50/cu.yd. $3,634,407.00 Ro ers. Babler $3,900 g � $3,638 368.00 $18 7S/cu.yd. $3,649,618.00 J.B. Warrack Co. $4,116,100.00 $9$01.00/cucu.yd. $4,121,500.00 $5,400 WHEREAS, the recommendation from CH2M Bill, the project design engineers, is to award the contract to Brown Construction, and WHEREAS, Brown Construction's total bid of $3,S99,515.00 is the lowest reposible bid, and�n y�vvaw p Qvq., 4 t % Ur AS[ ),.,- WHEREASIA sufficient money 4ms been appropriated for this project and award to the lowest bidder is in the best interest of the City, and WHEREAS, this - ssi%ei -end-the award of the contract is subject to YAW and DEC approval. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the Contract for the 1980 Construction of Sewage Treatment Plant Expansion be awarded to Brown Construction, Inc. in the amount of $3,599,S1S.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. ATTEST: Janet Whelan, City Clerk J _w•� • J1 CH2M SHILL engineers planners economists scientists April 10, 1980 K12720.B2 ItBC$� w '�e�1 1 f a�nr, o' ii OUBW oR Mr. Keith Kornells, Director Department of Public Works City of Kenai Box 580 Kenai, Alaska 99611 Dear Keith: Re: Bids for the Sewage Treatment Plant Expansion We have completed our review of the bids received on April 3, 1980 for the construction of the sewage treatment plant expansion. A summary of the bid tabulation is included as an attachment to this letter. _ The bids for this project were submitted on a lump -sum basis with unit price amounts for authorized overexcavation. The basis for award is the lowest total lump sum bid plus the extension of the unit price for the estimated 600 cubic yards of authorized overexcavation from a responsible bidder. i The low bidder, Brown Construction Company A Associates, JV, is a joint venture between Brown Construction Company, Inc. of Kenai and Tanana Mechanical, Inc. Both contractors have experience with projects of similar magnitude and appear to be responsible bidders capable of acquiring the required bonding. Based on the+infomnation we have reviewed, we can see no reason why the - City of Kenai should not award the sewage treatment plant expansion contract to BrNm Construction Company A Associates, JV. Regulatory - Denali Toawers North, 2550 Denali Street, 8th floor, Anchorage, Alaska 99501907/Va.2551 ®1 TIt Mr. Keith Kornelis, Director April 10, 1980 K12720.82 Page 2 agency approval is required before award to ensure the grant funding will be available for the project. Therefore, the award should be made contingent upon availability of Step 3 grant funds and upon approval of the U.S. EPA and the Alaska Department of Environmental Conservation. Sincerely, Loren D. Leman, P.E. bja Attachment: Bid Tabulation f - cc: Keith Kelton, ADEC Stan Brust, EPA Charles Brown, City of Kenai . i VA t. • KENAI SEWAGE TREATMENT PLANT EXPANSION BID TABULATION Bid Opening: April 3, 1980 @ 2:00 p.m. nu0FAWPAuA#4AA lann....1 Bidder Lump Sum Unit Price Subtotal, Total Bid Brown Constr. 6 Assoc., J.V. $3,5975415 $ 3.60 21100 $3,599,515 McWil, Inc. 39630,607 6.50 3,900 3,634,407 Rogers b Bab;er 3,638,368 18.75 11,250 396499618 J. B. Warrack Co., Inc. 49116,100 9.00 59400 4,121,500 Engineer's Estimate 3,817,000 5.00 39000 39820.000 wqw CITY OF KENAI RESOLUTION NO. 80-68 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES IN THE 1979-80 STATE JAIL CONTRACT SPECIAL REVENUE FUND BUDGET BE MADE: .From: Jail - Operating Supplies $(11000) To• Jail - Transportation $ 11000 This transfer will provide monies for a Correctional Officer to attend four weeks of Basic Correctional Officer Training in Anchorage. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of April, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City er Approved by Finance k I� CITY OF KENAI RESOLUTION NO. 80-69 RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING CONTRACTS FOR PLAY- GROUND EQUIPMENT. WHEREAS, the following bids (F.O.B. Kenai) were received for the above mentioned equipment form Rec Time Equipment Co.; Vanco; Natural Structures; Stone -Hersh Co.: Rae -Time Cascade Roe Stone - Equip. Vanco Natural Structures Hersh Co. 1. 12 Picnic Tables 41740.00 42376.00 2058.24 2388.00 2. 12 Park Benches 690.00 1704.00 1420.56 1298.40 3. 3 Sets Bleachers - 0 - 2481.00 3051.00 3989.40 4. 1 Wooden Playground Module 5536.00 2849.00 2481.00 3100.00 5. 3 Animal Teeter Totter 2034.00 2157.00 2451.81 2040.00 6. 3 Seesaw Teeter Totter 1749.00 1788.00 1222.02 630.00 7. 1 Bumper Tires - 0 - 624.00 713.00 539.00 8. 1 Merry Go Round 686.00 684.00 1072.00 840.00 9. 8 Spring Riding Animals 916.00 1456.00 1150.08 1440.00 10. 3 Basketball Posts 762.00 717.00 115200* 954.00 11. 3 Basketball Backboards w/ 476.00 666.00 . 570.00 Goals and Nets Lump sum bid on all Equip. $14,589.00 $16,784.00 $16,771.71 $15,883.00 On Items Bid with 52 Disc. * Cascade Reels Bid was Combined for No. 10.6 11. WHEREAS, the lump sum bid of all bidders exceeds appropriated funding, and WHEREAS, the City of Kenai has the option to choose none, one, combination of any, or all items submitted, and WHEREAS, some bid items greatly exceed minimum specifications, and WHEREAS, the selection of these items would be in the best interests of the City even though it is not the low bid. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF TOP CITY OF KENAI, ALASKA that the' following playground equipment be purchaseds Items Numbered Total Cost Rec Time Equipment Vanco 1,3,6,7,8,10,11 9336.00 Cascade Rec. (Natural Structures) 9, 1150.08 Stone -Hersh Co. 2, 1298.40 Total $11,784.48 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 169ay o pr , 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Y• ."f(^�-/'>. �1' �•4r !zr°. "rr;e, ;,_•,_, ,�t• •,i J,;•. .+•:.L,n;ar,-r;'F s" .a. }• 'hnr' :,e :-- r Tr %� f,l;• �•.� .•�,� .;%•f f.r �ivt •�`��;'•"� :!'' :. 11: ^6pf;: 41'%T.31 t,1...-. i�� - "'-r. }. i?, F.., .. .•i• �, d..r,r`•:•'ry •1rr: ..';5 ia,..f Nt .J , ,r 1 . T .. _ : _': '........ CITY OF KENAI RESOLUTION NO, 80-69 RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING CONTRACTS FOR PLAY- r GROUND EQUIPMENT. WHEREAS, the following bids (F.O.B. Kenai) were received for the above mentioned equipment form Rae Time Equipment Co.; Vanco; Natural Structures; Stone -Hersh Co.: I Roe -Time Cascade Rec -Stone- Equip. Vanco Natural Structures Hersh Co. 1,•22 Picnic Tables 1740.00 02376,00 2058. + 2. 12 Park Benches. 690.00 1704.00 1420.56 129I:. .3. 3 Sets Bibachers -_0 - 2481.00 3051.00 _ 3989.40 4. 1 Wooden Playground Module 5536.00 2849.00 2481.00 3100.00 5. 3 Animal Tester Totter 2034.00 2157.00 2451.81 2040.00 l 6. 3 Seesaw Teeter Totter 1749.00 1788.00 1222.02' 630.00 7. 1'? Bumper Tires - 0 - 624.00 713.00 539.00 S. 1 Merry Go Round 686.00 684.00 1072.00 840.00 i 9, 8 Spring Riding Animals 916.00 1456.00 1150.08 1440.00 10.•3 Basketball Posts 762.00 717.00 1152.00* 954.00 U. 3 Basketball Backboards w/ 476.00 666.00 570.00 Goals and Nets Lump sum bid.on all.Equip,. J.,414,589.00 $16,784.00 16,771.71 $15,883.00 On Items Bid with 5% Disc:. * Cascade Rec's Bid -was Combined for No. 10 6 11. WHEREAS, the lump sum bid of all bidders exceeds appropriated funding, and WHEREAS, the City of Kenai has the option to choose none, one, combination of any, or all items subtitted, and WHEREAS, some bid items greatly exceed minimum specifications, and WHEREAS, the -selection of these items would be in the best interests of the City even though it is not the low bid. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following playground equipment be purchased: Items Numbered Total Cost H Roe Time Equipment Vanco t Cascade Rec. (Natural Structures) Stone -Hersh Co. 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 I G F -- AGREEMENT TO FURNISH ENGINEERING DESIGN SERVICES TO THE CITY OF KENAI, ALASKA THIS AGREEMENT, made this day of 198 , by and between the City of Kenai, Alaska, hereinafter referred to as the OWNER, and a consulting Engineering firm located at ere na ter referred to as the ENGINEER. SCOPE OF SERVICES WITNESSETHs 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 shall, in consultation with the OWNER, and under the direction of a Licensed Surveyor, prepare a preliminary plat of proposed land transfers required as a direct result of this project. h E RT FE 2. 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 project. 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. 3. The ENGINEER will perform subsurface explorations, test borings, and supervise the making of said borings, which are necessary for the design of the project. 4. Services to be furnished by the ENGINEER shall be supervised and directed by P.E.. In the event that said supervisor is unable to serve for any reason beyond the control of the ENGINEER, the ENGINEER shall appoint a successor who shall be subject to the written approval of the OWNER. 5. The ENGINEER is to advise in writing all Utility Companies, including but not limited to, Union Oil Company of California, Kenai Utility Service Corporation, Homer Electric Association, and Glacier State Telephone, that work is being done on this project. Copies of the letters to the Utility Companies will be sent to OWNER. The ENGINEER will work with the Utility Companies to properly locate all utilities on the drawings. The ENGINEER is to give the utilities due consideration in planning so that the formulation of plans will have the least impact on utilities but be consistent with good design. 6, 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. The ENGINEER will also send copies of the preliminary construction 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. �o -moo-, "ta•c ��, �� & 7. The ENGINEER will attenc]4conferences with the OWNER and representatives of other interested parties, relative to the project. • 2 s.= . - 0 e) J 8. 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. 9. The ENGINEER will furnish to the OWNER at the rate set in Section D3, sets of plans, specifications, and contract documents. Original Documents are, and shall remain, the property of the OWNER. ENGINEER may retain for its files copies of any or all documents with such copies to be paid for by the ENGINEER. 10. The ENGINEER will furnish to the OWNER one set of mylar reproducible plans. 11. The ENGINEER will prepare and deliver any addendums necessary to carry out the work under the scope of this Agreement. 12. 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. 13. The ENGINEER will check and approve any necessary shop and working drawings furnished by contractors. 14. 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. 15. 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 3 l' property damage which may arise from the negligent pertormancc by the ENGINEER or by the ENGINEER'S employees of the ENGINEER'S 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 such coverage and providing for 30 days notice to OWNER before cancellation. 16. The ENGINEER agrees to comply with Federal Executive Order No. 11246, entitled, "Equal Employment Opportunity," as supplemented in Department of Labor Regulations (41 CPR, Part 60) if this "Agreement" exceeds $10,000; and Sections 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 �I ` .1. That the OWNER shall compensate the ENGINEER for services . under Section A by payment of an amount computed from j actual time expended and expenses incurred, at the rates set forth in Section D. The compensation for work under Section A shall be computed separately, and the total compensation for this item shall not exceed ` 4 the respective amount as follows: !_ Item Cost (not to exceed) This limit of cost 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. 1 I' I fin.. 4 I Ir � k { - 1li - - ---- - ---- -- j, -TJ--.—- r — 0 F`..; . 2. The ENGINEER will keep detailed cost records to serve 10) as justification for the billings. 3. Payment of compensation under this Section shall be made as follows: a. Upon submission of preliminary plans, payment for time and expenses incurred, less 10%. b. Upon submission of final plans, specifications, and bid documents, payment for time and expenses incurred, less 10%. c. Upon completion of all services required to the satisfaction of OWNER, payment in full for the balance due under this Agreement. SECTION C - ADDITIONAL ENGINEERING SERVICES 1. 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 Agreements a. Assistance in negotiating for land and easement rights. b. Redesigns ordered by the OWNER after final plans have been accepted by the OWNER. c. Appearances at the request of the OWNER before courts or boards on matters of litigation related to the project. d. Detailed inspection of the project as construction progesses. e. Furnishing sets of contract documents in excess of those required in Section A9. 2.• 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. 5 ee nieeersuwaweaww.: r .J Q 1 • SECTION D SCHEDULE OF RATES AND CHARGES FOR ENGINEERING SERVICES That the rates and charges for services under Sections B and C shall be as shown in Exhibit A attached hereto and by reference made a part hereof. SECTION E - TIME OF PERFORKMICE 04 That the ENGINEER shall complete the work under the following schedule: PARAGRAPH COMPLETION DATE Within calendar days after receipt by the ENGINEER of the OWNER'S review comments on the documents submitted • under Paragraph AS, the ENGINEER shall complete all work under Paragraph A9. SECTION F - TERMINATION . i 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 and expenses incurred under Section A, based on the payroll and time records of the ENGINEER, at the rates set in Section D, but not to exceed the total amount(s) stipulated in Section B. The additional services and costs incurred in accordance -- ( with Section C will be submitted separate from any other billing as stipulated in Section C. f SECTION G - CONDITIONS j 1. The ENGINEER, all employees of the ENGINEER, consultants and other personnel employed by the ENGINEER providing 6 El services under this Agreement shall in no way stand to gain financially from the terms of this Agreement except for wages, salaries, or bonuses paid by the ENGINEER or payments under this Agreement, nor shall they own any interest in any contracting firm, subcontracting firm, or material supplier connected with the designated project. 2. This Agreement is binding upon both parties, their legal representatives, successors, and assigns. 3. The ENGINEER shall not assign or transfer his interest or any part thereof in this Agreement without the City's prior written consent to such assignment or transfer. 4. Any civil action brought by any party under this Agreement shall be commenced and maintained in the Superior Court, Third Judicial District, Kenai, Alaska. SECTION H- EXECUTION IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in duplicate on the respective dates indicated below. (SEAL) OWNERs CITY OF KENAI By$ ATTESTS Type Names Titles Type Names Dates Titles ENGINEERS By: ATTEST: Type Names Titles Type Names Dates Titles 7 • CITY OF KENAI %Od Ca ! I.O.00X 600 K[NAI, ALAOKA 11011 TR0/MONO 403 • 70l0 TiVP TOs KENAI CITY COUNCIL PROMS CHARLES A. BROWN, FINANCE DIRECTOR RES SEWER -USER CHARGE ANALYSIS DATES APRIL Be 1980 Attached is the "Kenai Sewerage System Preliminary User Charge Analysis" prepared by CH2H Hill... I have requested that this be put on the April,l6, 1980 agenda as a discussion item in order to inform the Council and the public (and to receive public input) of the financial impact of the new sewer system. .EPA requires that the public be informed of - this. Please note in particular the expected increase in sewer rates (63% to 67%) and the data exhibited in Table 1. CAB/md Enclosure ;=; +• �a ,� ,:'•,, u r � ?r r' KENAI SEWERAGE SYSTEM PRELIMINARY USER CHARGE ANALYSIS SUMMARY Kenai's sewer user charge revenues will have to -increase substantially in the fiscal year ending June 30, 1902. EPA regulations require that user charge revenues offset, at the very least, sewer system operation and maintenance costs. Pro eME53`first year of treatment works O&M costs will sub- stantially exceed sewer system user charge revenues: there- fore, sewer rate increases will be required to bring the user charge system into compliance with the regulations. INTRODUCTION The principal aim of this analysis is to assess the effect of planned sewerage system capital improvements on sewer user charge rates for Kenai for the fiscal year ending June 30, 1982. The new treatment plant is scheduled to be- gin operation at the beginning of fiscal year 1982. Fiscal year 1983 is also included in this analysis to ensure that a full first year of operation is covered if the plant is delayed. Contemplated sewage treatment works improvements will receive Environmental Protection Agency (EPA) fundingi Kenai►s user charge system must, therefore, conform to applicable EPA ` regulations governing user charge systems. The two principal requirements of current EPA regulations are thats o The user charge system must result in the distri- bution of the costs of a„�*ration and maintenance of treatment works within the grantees' jurisdic- tion to each user or user class in proportion to each user's contribution to the total wastewater loading of the treatment works. o The user charge system must generate sufficient revenues to offset the costs of all treatment works operation and maintenance provided by the grantee. For this report it has been assumed that the existing user charge rate structure conforms to EPA regulations that require sewerage system costs be distributed among system users in proportion to their use of the sewerage system. Therefore, this study relates primarily to the EPA regulation requiring that the City's sewer utility generate sewer user charge revenues adequate to offset first year operation and main- tenance costs. A discussion of historical operating results, projected J operating results and projected 1982 sewer rates follows. The following discussion uses on June 30 each year. Thus, 1976-1977. HISTORICAL OPERATING RESULTS data for fiscal years ending 1977 refers to fiscal year Table i details historical and budgeted operating results for the City of Kenai sewage treatment division and the sewer portion of the city's water and sewer services division. Revenues from residential and commercial sewer user fees (line 1) were not sufficient to cover total operation and maintenance costs (line 8) in 1977 and 1978 by $27,800 and $37,000 respectively. Revenues from user fees were adequate 19791 however, the city budget for 1980 projected a net revenue shortfall of $29,500, or 19 percent of projected revenue from user fees. Other income, including revenue from hook-ups and other fees and penalties, was sufficient to cover the operating deficit in all years except the budget for fiscal year 1900. However, total revenues were not adequate to cover expenditures for debt service and capital outlays in any year shown. Proiected Operating Results Table 1 also shows forecast operating revenues and expenses. User charge revenue projections are based on the Kenai pop- ulation forecast from CH2M HILL's Wastewater Pacilities Plan, CitZ of Kenai Alaska 1979, and on the a y s estimate o user charge revenue from the 1979-00 city budget. The annual increase in revenue from residential and commer- cial sewer service was 13 percent from 1977 to 1980 (budget). This is about the same as the annual increase in population over the same period, which was estimated to be 16 percent. Revenues from residential and commercial services are pro- jected to increase from the 1980 budget estimate of $157,000 to $195,000 in 1983, an average annual increase of 7.5 per- cent (see Table 1). This increase is about the same as the projected population growth for the City of Kenai over the same period. Operation and maintenance expense forecasts for fiscal years 1990 through 1903 consist of two componentss costs for the sewage treatment plant and costs for the sewer service divi- sion. Treatment plant costs for 1980 and 1981 and sewer service division costs for 1980 through 1983 were forecast to increase at 10 percent per year over the actual 1979 level. In cases where costs varied historically with no identifiable trend, an average of 1977 through 1979 costs was used as the starting point for the forecast. Treatment plant costs included in the forecast for 1982 and 1993 are for the new facility planned to begin operating early in fiscal year 1982. These costs were estimated in 1979 dollars in CH2M HILL's Design Definition report to the City of Kenai (August 1979). The estimate of Personnel Services expenses has been revised since the Design Definition report: Table i reflects this revision. For this report, those costs are escalated at 10 percent per year above the 1979 level. ! Projected revenues from residential and commercial sewer user fees fail short of projected O&M costs by $21,800 in fiscal year 1901, or a shortfall of 13 percent (see Table 1, line 9). The revenue shortfall increases to $113,650 in 1982 and $129,750 in 1983. The large operating deficits are due primarily to an increase of over $100,000 (50 percent) in operation and maintenance expense for the new sewage treat- ment plant in 1982, compared with annual increases of only 7 percent in revenues from user fees. The net revenue figure in line 9 of Table 1 is the basis for determining whether the level of revenues is adequate by EPA's definition. Clearly, revenues will need•to be increased substantially for 1982 and 1983. The projected increases are as follows. ` I Projected User Additional Percent Increase Year Charge Revenue Revenue Needed Over Present Rates 1981-82 181,400 113,650 63 1902-93 195,000 129,750 67 The present sewer rate for a single-family residence is 010.55 per month. An increase of 65 percent would raise that rate to $17.41 per month. The forecasts in Table 1 indicate that the sewer utility must generate still more revenue than required by EPA to cover its debt service costs and provide for necessary capital outlays. Historically, the utility has obtained substantial income from hook-up and penalty fees. Although the budget for fis- cal year 1980 prepared by the city includes no income from hook-up charges, we have forecast an amount based on histori- cal trends, assuming that new customers will continue to be connected to the system (Table 1, line 10). The forecast of debt service costs shown in Table i, line 12, was provided by the city. Line 13, loan from general fund, relates to the repayment of 0400#000 advanced from by the city's general fund to the utility department during the past. In accordance with instructions from the City, the annual payment was calculated assuming an interest rate of 5.2 percent and a 10-year payback period beginning in fiscal year 1902. 0 I i These debt repayment obligations are greater than projected i other income in fiscal years 1982 and 1983, so the overall deficit (line 16) is greater than operating shortfall shown ' in line 9 of Table 1. I: i. i r I, 1; t t: t f F' 7 f I I Table 1 , Actual Budget Forecast Line Item 1976-77 1977-78 1978-79 1979-80 1980-81 1981-82 1982-83 1 User charge revenues 1070857 112,421 161,693 1570000 168,800 181,400 195,000 2 ON Expenses Personnel Services 86,133 94,524 93,864 117,523 113,600 156,350 172,050 3 Supplies 14,988 16,325 15,486 12,186 7,300 28,000 30,900 4 Repair and Maintenance 2,372 6,914 6,956 9,870 19,300 390200 430200 5 6 Utilities Transfers 9,122 13,800 13,201 18,000 14,838 19,500 15,000 23,600 17,200 23,600 47,900 11,700 52,700 12,800 7 8 Other Total OSM Expense 9 214 i 5,629 522 149,486 8,014 1590678 4,360 186,541 8 900 1900600 11,900 295,050 13,100 324,750 9 Net Revenue (27,772) (37,065) 3,020 (29,541) (21,800) (113,650) (129,750) 10 Other Income 35,985 54,716 40,705 1,250 471,100 50,600 54,500 11 Income Available for Debt Service 8,213 17,651 43,725 (28,291) 25,300 (63,050) (75,250) 12• Debt Service 33,539 25,126 35,220 33,224 20,500 15,000 10,000 13 Repayment of Loan From General Fund -- -- -- -- -- 52,430 520430 14 Net Available for Capital Outlays (25,326) (7,475) 8,505 (61,515) 4,800 (130,460) (137,680) 1S Capital Outlays 50761 52,298 52,634 100,000 -- -- -- ! 16 SURPLUS or (DEFICIT) (318087) (59,773) (44,129) (71,515) 41800 (130,480) (137,680) I --- - --- i Table A. HISTORICAL AND BUDGETED OPERATING RESULTS CITY OF KENAI SEWAGE TREATMENT AND SERVICES FISCAL YEARS 1977 - 1980 1976-77 1977-78 1978-79 eud$eted 1979-1980 Sewage Tr. Sewer sewage Tr. Sower Sewage Tr. Sewer Sewage Tr. Sower ,- Plan! Services Total Plant Services Total Planter Sorvicas Total Plant Sorvioes Total Revenues User Chetge Revenues 107,857 112,421 161,698 157,000 OiN omens* solutes 32,374 19,453 510627 37,524 21,129 60,653 S3,206 32,309 85,515 45,342 31,816 77,159 Benefits 12,411 8,369 20,780 13,056 8,103 21sI$9 S3,206 32,309 85,51S 10,316 11,912 30,228 Overuse 7,376 61350 134726 6,060 6,,652 12j712 2,767 -5550997 5,592 0,369 S,992 4.145 104137 fatal Peramel Services 51,961 34,172 86,133 56,640 37,864 94,524 37,891 93484 69,650 47,873 117,523 supplies Ofilce and Operating supplies 4,563 898 5,461 4,727 3,529 8,256 2,660 1,426 4,286 3,500 2,2SO 5,750 Repair and Naintenance supplies 2,025 6,916 8,943 2,492 4,724 7,216 1,664 0,160 91024 2,000 3,200 5,200 Small Tools 94 490 584 154 699 853 600 776 1,376 Soo 738 1,228 s cauuniations 40 277 317 71 306 377 69 369 458 485 350 835 Transportation -• •- -- •- -- 1,243 177 2,420 1,500 375 1,675 RaPiira/Miintenana 10949 264 2,213 3,860 2,610 6470 4,204 1,938 6,142 4,000 8,400 8,400 Restals ISO 159 36 408 444 -- 014 814 250 1,220 1,470 P909080100a1 services 8,697 100 0,797 -- 85 8s -- -• 150 ISO utilities 9,122 -- 9,122 13,201 -- 13,201 14,830 -- 34,838 UAW -- 150000 Hisallaneams 100 - 100 60 60 S.904 232 6,136 1.250 250 1,500 260590 9,106 35,696 24,601 12,361 36,962 31,402 13,892 45,294 29,485 16,933 45,410 sranetews lasmana 7,200 60600 13,000 10,000 -- -- 11,400 5,700 17,100 ; Re",nung 70200 6,600 13,800 10400 80000 181000 -• 19,500 19,500 -- 41000 40000 j Wpipment services MOO 6.600 13,000 10,000 -• -- •• -- -- 2,500 21300 j Sbtal 7,200 6,600 13,890 10,000 8,000 18,000 19,500 19,5o0 1'� 1400 12,200 =3,600 Total OWN E198na 8S,7S1 49,878 135,629 91,241 580245 149,486 67,395 71,283 158#678 109#535 77,006 186,543 Net Operating Revenues (27*772) (37*065) 3,020 (29,541) f other Income fees and 18"Mos 6,920 5,716 4,705 1,250 Hoek up Ieea 2299 0.6.S� 49,000 54,716 36.000 40,705 -- 10250 Total other Revenues 35,985 snc0as JuUmbia tow Debt service 8,213 37,653 43,725 (28#291) Debt 0xviee 330539 -• 23,529 25,126 -- 25,125 17,610 17,610 35,220 33,224 -- 33,224 in*uee m"lable tow Capital Outlays (25#326) (7,475) 8,505 (610515) Capital OBAM14 1"0011--$nq 33,375a -• 33,375 39,416a 39,416 4,200 -- 4,200 Machinery and swipsent _ 5,761 S,763 5,A69 13,054 18,921 9,130 S,088 13,218 Soo S.300 5,600 surplu (Deficit) (31,087) (59,773) 144,129) (71.SlS) K ''�ayssaa. ,ems etr- - --.,-.-.�e_�.:__tizort,-^----•v .. - _%�:Fi F ' Table S. PROJECTED OPERATING RBSUIM ! CITY OF KENAI SEWAGE TREATMENT PLANT AND BONER SERVICES DIVISION ` FISCAL YEARS 1981-1983 [j 1080-81 1981-82 1982-83 Sewage Tr. Bower Sewage Tr. Sower Sewage it. Sower Plant Services Total Plant services Mal plant services Total User Charge ReVenwea 168,800 181,400 1950000 OiM amn" Total personnel services 67,800 45,800 113,600 105,950 50,400 156,350 126,550 $5,500 1721050 Supplies 4,900 2,400 7,300 25,400 2,600 28,000 28,000 2,900 30/900 Mpair and Hoists7,100 12,200 19,300 25,000 la,400 39,200 28,400 14,800 43,200 Utilities 17,900 » 17,900 47,900 » 47,900 52,700 52,70C Other 60900 21000 80900 9,7006 20200 110900 100700 2,400 b 13,100 Transfers 13,000 10,600 23,600 1�700 11.700 12,800 12,900 = Total Oin Expense 117,600 73,000 190,600 214,750 00,300 295*050 236,350 080400 324,750 not Operating frvenus (21,800) (113#650) (129,750) other incase Fees and Mottles 5,300 5,700 6,200 Book Up fries 410800 44,900 49,306 Total Other Rwenne 47,100 50,600 540500 two" available for debt service ' 25,300 (630050) 475#250) • Debt service 200500 300500 15,000 -- 15,000 S- 10,000 - 5-� » 10,000 5c43Oo 0 toa>tind yoan - -From 5i W"N' �� surplus of 4aticit) 40800 11300480) (137,680) totes Movenues based on 1979-80 budget, projected at the average annual population growth rate of 7.9 percent. 06B costs based on 1978-79. if bistorlad maxima showed increasing costs, costs were escalated at 10 percent annually. 19 there ware no discernible trends the average of all years wss escalated at 10 percent annually. I ! 4AssuM9 now trsat"st plant begins operating 1991--82. sewage treatment plant OAK expenses, excapt psrsonnal services, tros CUM HILL sew a Treatment £ plant • a e�inition, City _f Kenai, Alasks, August, 1979. Escalated from 1979 cost estLetes at 10 percent annually. Pirsonns& 89MC6 6 expend oar i9s2-s2 and-&M-83-83 ON now eTtea rifrsoting staff reduction changes made slaas publication of the Design Definition report. i I QOverhead costs inolwded in above asounts. f !� • $400#000 loan 0 5.25 percent, 10 yeare, from gout&& tend for local share of sewage treatment plant. ftyments begin in fiscal Isar 1982. f I 4• I i �i • 1 r M • Ii If I' 11 3 �1 w M KENAI SEWERAGE SYSTEM PRELIMINARY USER CHARGE ANALYSTS The Preliminary User Charge Analysis prepared by CH2M Hill for the Kenai Sewerage System will appear on the April 16, 1980 -Kenai City Council Meeting Agenda as a discussion item. This analysis describes financial impact of the new sewer treatment plant. For further information, the City Finance Director may be contacted at the Kenai Municipal Airport. CR?YOFKENAI KENAISEWE11AOESTWO4 PRENMINARY UBER CHAROB ANALYSIS The Preliminary User Charge Analysis prepared by C142M Hill for the Kenal Sewerage System will appear on the April 18, IM Kehai City Council Meeting Agenda as a discussion Item. This analysis decribes financial Impact Of the newsewer treatment plant. For further information, the City Finance Director may be contacted at the Kenai Municipal Airport. PUBUSH:IH611it0 492 w KENAI SEWERAGE SYSTEM PRELIMINARY USER CHARGE ANALYSIS SUMMARY Kenai's sewer user charge revenues will have to increase substantially in the fiscal year ending June 30, 1982. EPA regulations require that user charge revenues offset, at the verx least, sewer system operation and maintenance cost. Projected first year of treatment works 0&M costs will sub- stantially exceed sewer system user charge revenuesi there- fore, sewer rate increases will be required to bring the user charge system into compliance with the regulations. INTRODUCTION j The principal aim of this analysis is to assess the effect of planned sewerage: system capital improvements on sewer user charge rates for Kenai for the fiscal year ending ; June 30, 1982. The new treatment plant is scheduled to be- gin operation at the beginning of fiscal year 1982. Fiscal + year 1983 is also included in this analysis to ensure that a ; full first year of operation is covered if the plant is delayed. Contemplated sewage treatment works improvements will receive Environmental Protection Agency (EPA) funding= Kenai's user charge system must, therefore, conform to applicable EPA regulations governing user charge systems. The two principal requirements of current EPA regulations are that: o The user charge system must result in the distri- bution of the costs of operation and maintenance of treatment works within the grantees' jurisdic- tion to each user or user class in proportion to each user's contribution to the total wastewater -11 loading of the treatment works. o The user charge system must generate sufficient revenues to offset the costs of all treatment works operation and maintenance provided by the grantee. For this report it has been assumed that the existing user ---_- charge rate structure conforms to EPA regulations that require sewerage system costs be distributed among system users in --- ' proportion to their use of the sewerage system. Therefore, this study relates primarily to the EPA regulation requiring { that the City's sewer utility generate sewer user charge j revenues adequate to offset first year operation and main- a tenance costs. A discussion of historical operating results, projected operating results and projected 1982 sewer rates follows. r The following discussion uses data for fiscal years ending on June 30 each year. Thus, 1977 refers to fiscal year 19 76-19 77. HISTORICAL OPERATING RESULTS Table 1 details historical and budgeted operating results for the City of Kenai sewage treatment division and the sewer portion of the city's water and sewer services division. Revenues from residential and commercial sewer user fees (line 1) were not sufficient to cover total operation and maintenance costs (line 8) in 1977 and 1976 by $27,800 and $37,000 respectively. Revenues from user fees were adequate 19791 however, the city budget for 1980 projected a net revenue shortfall of $29,500, or 19 percent of projected revenue from user fees. Other income, including revenue from hook-ups and other fees and penalties, was sufficient to cover the operating deficit in all years except the budget for fiscal year 1980. However, total revenues were not adequate to cover expenditures for debt service and capital outlays in any year shown. Proiected Operating Results Table 1 also shows forecast operating revenues.and expenses. User charge revenue projections are based on the Kenai pop- ulation forecast from CH2M HILL's Wastewater Facilities Plan, City of Kenai Alaska 1978, and on the c ty s estimate o user charge revenue from the 1979-80 city budget. The annual increase in revenue from residential and commer- cial sewer service was 13 percent from 1977 to 1980 (budget). This is about the same as the annual increase in population over the same period, which was estimated to be 16 percent. Revenues from residential and commercial services are.pro- jected to increase from the 1980 budget estimate of $157,000 to $195,000 in 1983, an average annual increase of 7.5 per- cent (see Table 1). This increase is about the same as the projected population growth for the City of Kenai over the same period. Operation and maintenance expense forecasts for fiscal years 1980 through 1983 consist of two components: costs for the sewage treatment plant and costs for the sewer service divi- sion. Treatment plant costs for 1980 and 1981 and sewer service division costs for 1980 through 1983 were forecast to increase at 10 percent per year over the actual 1979 level. In cases where costs varied historically with no identifiable trend, an average of 1977 through 1979 costs was used as the starting point for the forecast. Treatment plant costs included in the forecast for 1982 and 1983 are for the new facility planned to begin operating early in fiscal year w �_: 1982. These costs were estimated in 1979 dollars in CH2M HILL's Design Definition report to the City of Kenai (August 1979). The estimate of Personnel Services expenses has been revised since the Design Definition report: Table 1 reflects this revision. For this report, those costs are escalated at 10 percent per year above the 1979 level. Projected revenues from residential and commercial sewer user fees fall short of projected 0&M costs by $21#900 in fiscal year 1981, or a shortfall of 13 percent (see Table 1, line 9). The revenue shortfall increases to $113,650 in 1982 and $129,750 in 1983. The large operating deficits are due primarily to an increase of over $100,000 (50 percent) in operation and maintenance expense for the new sewage treat- ment plant in 1982, compared with annual increases of only 7 percent in revenues from user fees. The net revenue figure in line 9 of Table 1 is the basis for determining whether the level of revenues is adequate by EPA's definition. Clearly, revenues will need to be increased substantially for 1982 and 1983. The projected increases are as follows. Projected User Additional Percent Increase Year Charge Revenue Revenue Needed Over Present Rates 1981-82 181,400 113,650 1982-83 195,000 129,750 63 67 The present sewer rate for a single-family residence is $10.55 per month. An increase of 65 percent would raise that rate to $17.41 per month. The forecasts in Table 1 indicate that the sewer utility must generate still more revenue than required by EPA to cover its debt service costs and provide for necessary capital outlays. Historically, the utility has obtained substantial income from hook-up and penalty fees. Although the budget for fis- cal year 1980 prepared by the city includes no income from hook-up charges, we have forecast an amount based on histori- cal trends, assuming that new customers will continue to be connected to the system (Table 1, line 10). The forecast of debt service costs shown in Table 1, line 12, was provided by the city. Line 13, loan from general fund, relates to the repayment of $400,000 advanced from by the city's general fund to the utility department during the past. In accordance with instructions from the City, the annual payment was calculated assuming an interest rate of 5.2 percent and a 10-year payback period beginning in fiscal year 1982. These debt repayment obligations are greater than projected other income in fiscal years 1982 and 1983, so the overall deficit (line 16) is greater than operating shortfall shown in line 9 of Table 1. f, I j.: 1 I u. i9{t t 1 � j . •a: I' 4 � 1. I Table 1 Actual Budget Forecast Line Item 1976-77 1977-78 1978_79 197_9�_80_ 198_ 1981-82 1982-83 1 User charge revenues 1070857 112,421 161,693 157,000 168,800 181,400 1950000 2 O&M Expenses Personnel Services 860,133 94j524 93,884 117,523 113,600 156,350 1720050 3 Supplies 14,988 16,325 15,486 120,188 7,300 28,000 30,900 4 Repair and Maintenance 20,372 60914 6,956 9,870 19,300 39,200 43,200 5 utilities 9,122 13,201 14,838 150,000 170,200 47,900 52,700 6 Transfers 13,800 18,000 19,500 23,600 23,600 11,700 12,800 7 Other 9,214 522 8,014 4,360 81900 11,900 13,100 8 Total 0&M Expense 135,629 149,489 158,678 186,541 190,600 295,050 324,750 9 Met Revenue (270772) (37,065) 3,020 (29,541) (210800) (113,650) (129,750) 10 Other Income 35,985 54,716 40,705 1,250 47,100 50,600 54,500 11 Income Available for Debt Service 8,213 17,651 43,725 (280291) 25,300 (63,050) (750250) 12 Debt Service 33,539 25,126 35,220 33,224 20,500 15,000 10,000 13 Repayment of Loan From General Fund -- -- -- -- -- 52,430 52,430 14 Met Available for Capital Outlays (25,326) (7,475) 8,505 (610515) 4,800 (130,480) (137,680) 15 Capital Outlays 5,761 52,298 52,634 10,000 -- -- -- 16 SURPLUS or (DEFICIT) 431,087) (59,773) (44,129) (71,515) 4,800 (130,480) (137,660) Table A. HISTORICAL AND BUDGZTED OPERATINO RESULTS CITY OF KENAI SEWAGE TREATHERP AND SERVICES FISCAL YEARS 1977 - 1980 , 1976-07 1977-78 1978-79 tudgeted 1979-1980 sewage Tr. Sewer Sewage Tr. Sewer Sewage Tr. Bawer Sowage Tr. Sower Plant services Total Plant Borviaes Total Plant Services Total Plant ^ Servicos Total Revenues Uses Charge Revenues 107,857 112,421 161,698 157,000 06" expense salaries 32,174 19,453 31,627 37,524 . 13,056 21,129 8,103 60,653 21,3S9 53,206 S3,206 32,309 32,309 S5,SIS 85,515 45,342 26,316 34816 11,912 77,158 30,220 Bonerits Overtime 12,411 7,376 9,369 6,350 20,780 13,726 _ 6,060 6.GS2 12,712 2.787 5,S82 8,369 93,880 5.992 69,650 4,14E 47,873 10,137 117,523 Total Personnel services 51,961 34,172 86,133 56,E{0 37,884 94,524 55,993 37,891 i Supplies office and Operatiag supplies 4,563 896 5,461 4,727 3,529 {,724 0,256 7,216 2,860 1,664 1,426 8,160 4,286 9,024 3,600 2,000 1,250 3,200 5,750 50200 Repair and Watenaace supplies 2,025 6,910 6,943 504 2,492 154 699 653 600 776 1,376 Soo 736 1,238 4 Snail Toole CWMULcetioce 94 40 490 2" 317 71 306 377 88 1,243 369 177 458 3,420 US 11S00 350 375 835 `. 1,875 Transportation Repairs/HaintIUM -- 1,949 -- 264 2,213 3,660 2,610 6,470 4,204 1,930 S14 6,142 814 4,000 250 8,400 1,220 S,100 ; 1,470 !, Remain Professional Services -- 8,697 159 100 1S9 8,797 36 -- 13,201 408 85 444 85 23,201 -- 14,830 -- -- -� 140838 15,000 150 150 15r� Utilities 9,122 100 -- -- 9,122 100 60 5.90 232 6.13E 3,250 1. Hisaellaaeaus 26,590 9,106 35,696 �60 24.601 12,361 36,962 31,402 13,692 45,294 28,485 933 16,933 45,418 i• Tranafera Insurance 7,200 6,600 13,800 10,000 8,000 180000 -. -- N 19,500 190500 11,400 -., 5,700 41000 17,100 40000 !, acting 7,200 6,600 130800 100000 -- N 2.500 2.500 it Equipment service/ 7,200 7,200 6,600 6,600 13.000 13,800 10,000 10,000 ..-. 8,000 ,� =. 18,000 19,500 --- 19,50U 11,400 120200 23,600 ! �# Total Total 06H Depense 85,751 49,878 135*629 91,241 S8,24S 149,486 87,395 71,283 158#678 109,535 77,006 166,541 �? Not operating Revenues (27,772) (37,065) 3,020 (291543) 1} other Iaaame /ass Dena penalties 6,920 5,716 4,705 36,000 1,250 took Up Fees 29Ms 351985 ,1E 54,716 40,705 1,250 f Total Other Revenues Income Available for Debt Service 8,213 17,651 43,725 (,2 Debt service 33,539 -- 33,S39 25,126 -- 25,126 17,610 17,610 3S,220 33,224 -- 33 33,224 Income Available for Copital OutUY6 (25#326) (7,475) 8,505 (61*515) capitalV t1�Ys improvaments -- '- 5,761 +- S,761 33,375a 5,869 -- 13,054 33,375 18,923 39,416a B,130 -- 5,088 39,41E 13,219 4,200 Soo -- ^5.300 4,200 3.800 machinery and Egsipment surplus or (Deficit) 431,087) (59,773) (44,129) 1 FA . e Table B. PRWRCTOD OPERATING RESULTS CITY OF KENAI SEWAGE TREATMENT PLANT AND BONER SERVICES DIVISION FISCAL YEARS 1961-1983 f 1980-91 1981-82 1982-83 Sewage Tr. sower Sewage '1'r. sewer Sewage 1hC. sewer Plant services Total Plant services Total Plant Services Total User Charge Revenues 169,600 181,400 195,000 06N Expense Mal Personnel Services 67,600 45,000 113,600 105,950 50,400 1560350 116,550 $9,500 172,050 supplies 4,900 2,400 7,300 25,400 2,600 28,000 28,000 20900 30,900 Repair and Maintenance 7,100 12,200 19,300 25,800 13,400 39,200 20,400 140800 43,200 Utilities 17,900 -- 17,900 47,900 -- 47,900 52,700 -- $2,700 Other 6,900 2,000 9,900 9,700b 2,200 111900 10,70% 21400 13,100 Transform 13,000 10,600 23,600 11,700 11,700 12400 12,800 Total OGN Expense 117,600 73,000 190,600 214,750 80,300 295,050 236,350 88400 324,750 Not operating Revenue (21,600) (1130650) (129,750) Other income Leas and Penalties 5,300 5,700 6,200 Nook Up foss 41.800 44,900 48.300 'total Other Revenue 47,100 50,600 $4,509 Income Available for debt service 250300 (63#050) (75,250) Debt service 20,500 -- 20,500 150000 -- 52 430e 250000 52 430c 10,000 52 430c -- 10,000 52�43OF amoral Nub Ivan -- -WING 'i -- -a7:i.3 " 2221M -- 62,e70 Total �d',366 -- ,3fd i Surplus or (Deficit) 4,000 (130,480) (137*6801 Notes Revenues based on 1979-80 budget, protected at the average annual population growth rate of 7.5 percent. 06M costs based on 1978-79. it historical series showed increasing costs, costs were escalated at 10 percent annually. it there were no discernible trends the average of all yars was escalated at 10 percent annually. i aAssuMs new uateent Rime begins operating 1981-82. sewage treatment plant OAK expenses, except persannoi services, from CN2M HILL Sewage Treatment plant Deslgp Definition, City of Kenai, Alacka, August, 1979. Escalated from 1979 cost eetfmatea at 10 percent annually. Per not Services expense for 1902-82 and 1982-83 are new estimatee reflecting start reduction changes made since publication of the Design Definition report. borerhead costs included In above amounts. i • c$400,000 loan 0 5.25 percent, 10 years, from general fund for local share of sewage treatment plant. Payments begin An fiscal year 1982. _.APR 9 i9EM . '000-ti Co v w+e.1 L s�'dTi�C Union Oil and Gas Divison: Western Region Union Oil Company of California -�t✓ P.O. Box 6247, Anchorage, Alaska 99502 Telephone: (907) 276-7600 1 unimn Robert T. Anderson 4pril 7, 1980 ObtnetUnd Manager City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Attentions City Manager KWAI LOOP AREA State of Alaska Request for Extension for Drilling Permit and Special Use Permit for Cannery Loop Unit #1 Well Gentlemen: Union Oil Company of California, as operator of the Cannery Loop Unit and In accordance with the requirements set forth by the City of Kenai (City Code 5.35.080) respectfully requests a one year extension for both our Special Use Permit, effective date January 1, 1979 and our Drilling Permit, effective date January 17, 1979. Both Permits were issued for the drilling of our Cannery Loop Unit 91 well which was located on State lease ADL 60568 and which was subsequently certified as a well capable of producing in paying quantities. As you are probably aware said well was completed and shut-in June 24, 1979. The reason for the well being abut -in was explained in our latter to the City of Kenai dated April 27, 1979 when we suggested that a shut-in provision be incorporated into that part of your City Ordinance which governs drilling wells. To be more percise in said letter we stated that a majority of the working interest share of gas is bound by contractual obligations to be delivered in kind to Pacific Lighting Gas Development Company for marketing. P.L.G.D., however, will not be in a position to receive and process gas until such time as its planned Kenai Gas Processing Plant is designed, construction is made, pipelines are linked thereto and required permits and rights -of -way are obtained. We look forward to your favorable response to this request. very truly yours, Richard J. Boyle Landman e") i nt + DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION , N ASKAN REQION AFA ISO Tm C STREET BOX H ANCNORAOE, AlA8K4 E9613 70 O: EMI TREE, Mr. Charles Brown Acting City Manager P.O. Box 580 Kenai, Alaska 99611 Kenai Municipal Airport Dear Mr. Browns Deed of Release, Tract B We have reviewed the request contained in your letter of February 26, 1980 to release the city of Kenai from certain conditions, reservations, and restrictions with respect to a 32,887 acre parcel on Kenai Airport proposed as an addition to Cook Inlet Industrial Air Park. Based upon our review, we have determined that the parcel will not be needed directly for airport purposes and that its best use is to generate revenues for the airport from nonaviation business activity. Accordingly, we are pleased to inform you that we are acting favorably on Your request and herewith present a Deed of Release. Please return two executed copies of the deed to this office. I want to emphasize that the deed authorizes the property to be leased only and not sold. Also, fair market rental for the property must be charged to generate reasonable revenue for the airport. If you have any questions, please feel free to contact me. Sincerely, GK�K ROBIE B. STRICKLAND Chief, Airports Division Enclosure 1 �t � r R n r) Tract B DEED OF RELEASE This instrument, a Deed of Release, made by the United States of America, acting by and through the Chief, Airports Division, Alaskan Region, Federal Aviation Administration, under and pursuant to the powers and authority contained in the provisions of Public Law 81-311 (63 Stat.700), as amended, to the City of Kenai, a body of politic under the laws of the State of Alaska, WITNESSETH WHEREAS, the United States of America, acting by and through the Adminis- trator of General Services under and pursuant to the powers and authority .contained in the provisions of the Federal Property and Administrative Services Act of 1949 (83 Stat.377), and the Surplus Property Act of 1944 (58 Stat.765), as amended, and regulations and orders promulgated there- under by instrument entitled "Quitclaim Deed" and dated December 1, 1963, did remise, release, and forever quitclaim to the City of Kenai, its successors and assigns, all rights, title and interests of the United States in and to certain real property located near Kenai, Alaska, under and subject to the reservations, exceptions, restrictions, and conditions contained in the Deeds and ` WHEREAS, the City of Kenai has requested the Administrator of the Federal Aviation Administration to release an area of land hereinafter described from all conditions, reservations, and restrictions contained in said "Quitclaim Deed" to permit the long-term lease for non -airport purposes of said land and has by Resolution No. 7928 dated May 21, 1979 obligated Itself to devote the proceeds from such long-term lease, exclusively for the development, improvement, operations, or maintenance of the Kenai Air- port; and WHEREAS, the Administrator of the Federal Aviation Administration, under and pursuant to the powers and authority contained in Public Law 81-311 (63 Stat.700) is authorized to grant a release from any of the terms, conditions, reservations, and restrictions contained in, and to convey, quitclaim, or release any right or interest reserved to the United States by, any instrument of disposal under which surplus airport property was conveyed to a non -Federal public agency pursuant to Section 13 of the Surplus Property Act of 1944 (58 Stat.765)i and 001 WHEREAS, the Administrator of the Federal Aviation Administration has determined that said land no longer served the purpose of which it was transferred, and that such property can be used or leased by the City of Kenai for other than airport purposes without materially and adversely affecting the development, improvement, operation, or maintenance of the Kenai Airport. NOW, THEREFORE, in consideration of the benefits to accrue to the United States and civil aviation, the United States of America, acting by and through the Administrator of the Federal Aviation Administration under and FAr • 2 pursuant to the powers and authority contained in Public Law 81-311 and applicable rules, regulations, and orders, hereby releases the following described real property from the conditions, reservations and restrictions of said "Quitclaim Deed" dated December 1, 1963, between the United States and the City of Kenai. Commencing from the monumented southeast corner of Section 32, T6N, R11W, S.M., Ak., thence N 43031'26"W 1646.45 ft. to SE corner of Lot 5, Bik. 5, Cook Inlet Industrial Air Park and the true point of beginning of this tract, thence S 61018'00"E 1060.00 ft. to the P.C. of a 460.12 ft. radius curve to the right, thence through a central angle of 38044129" 311.12 ft. along the are of said curve to a point of intersection with the northerly right of way line of the Kenai Spur Highway on a 1582.40 ft. radius curve whose center bears southeasterly, thence in a southwesterly direction along said R/W line by the following coursess Thence through a central angle of 17055'2911, 495.05 ft. along the arc of said curve, thence S 33036142" E 50.00 ft. along a radial line to said curve to a point on a 1532.40 ft. radius curve whose center bears southeasterly, thence in a southwesterly direction through a central angle of 8058104' 239.85 ft. along the are of said curve to a P.T., thence S 47025114"W 766.05 ft. to the easterly corner of Tr. B, Kenai Spur -Airport Lease Property, on the northerly R/W line of the Kenai Spur Hwy., thence N 42034146"W 741.97 ft. along the northeasterly boundary of the Kenai Spur -Airport Lease Property, to a point on the easterly boundary of Blk. 3, Cook Inlet Industrial Air Park, thence along said boundary of Cook Inlet Industrial Air Park N 12045100"E 345.93 ft., N 21000100"E 348.61 ft., N 39038100"E 457.86 ft. to a point on the southerly R/W line of Airport Drive, thence N 28042100"E 100.00 ft. to the southerly corner of Lot 5, Bik. 5, Cook Inlet Industrial Air Park, and the T.P.O.B., thus embracing 32.887 acres of land located in Sections 32 and 33, TO, and Section 5, T5N, all of R11W, S.M., Ak. and within the City of Kenai. This release is granted subject to the following conditions 1. The instrument used to lcaee the hereinabove described property shall expressly include the following reservations and covenants: 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 in said airspace such noise as may be inherent in the operation of aircraft, now known or here- after used for navigation of or flight in the air, using said airspace or lanL zS at, taking off from or operating on the Kenai Airport. 3 B. The Grantee or Lessee by accepting this conveyance expressly agrees for itself, its heirs, representatives, successors and assigns that it will not erect nor permit the erection of any structure or object, nor permit the growth of any tree on the land conveyed hereunder which would be an airport obstruction within the standards established under Federal Aviation Regulations, Part 77. 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 or Lessee or its heirs, successors, or assigns. C. The Grantee of Lessee, by accepting this conveyance, expressly agrees for itself, its heirs, representatives, successors, and assigns that it will not make use of the 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 Grantor or Lessor reserves the right to enter on the land conveyed hereunder and cause the abatement of such Interference at the expense of the Grantee of Lessee. 2. All covenants herein contained shall run with the land and shall Insure to the benefit of, and be binding upon, the heirs, representatives, successors, and assigns of the parties hereto. 3. In the event that any of the terms, conditions, reservations, and restrictions upon or subject to which the property is disposed of are not met, observed, or complied with, all of the property so disposed of or any portion thereof, shall, at the option of the United States, revert to the United States in its then existing condition. 4. Fair market value shall be charged for property leased under the terms of this agree mgnt. IN WITNESS WHEREOF, the UNITED STATES OF (ERICA has caused this Instrument ' to be execcted as of the 4 day of r ' / 1980. 0 Sy Chief, Airport Division Alaskan Region Acknowledged and executed this day of of the City of Kenai. CITY OF MAI By$ • 1980 by the t 1 , -I-% — - -- - — •• lhC�l�. �1111 �/I �l 11r. A PAU tulift Nasi-Ijiv C 1001-J 04 k. INt OF 0E6111tills-1-0 % 10% It "Othit, 49.829 Acres At : PLUS 3.038 Acres for Airport Drive sop% W, 3 218ht at WAY equals 32.887 acres at land 92 described 11alow alp, ate /� . SPUR �1d6 PROS • al / COCCIA049 from the469 carrot of S-ke At., thence eop"' I•d U'60 Section 364. Usti Milts*. 9 W31 ';',!U 1'646.415 1 Coot inlet 1"JuStf 101 Mr Park arj "0 COMW Of Lot S. Olk. S. the true point of teol"al" of this grace. lo'e"Cu 5 61-IJ009-g I667.09 fee of the P.C. of a 460.1 ft. radl COMM Me rl te thence the I 410 the are or A conte'At An4le Of 33*4.1622- ma? 'ft'. Mid Curve to & faint of IngerSe.,fon with the northerly righ of way I one of the renal spur Iflobw3y on a ku (0110,11RI) coarsest trFly direction along 1 ` 11055129% 42$.0j le. ald" 10111`11CP throomb a central delsole a, y . {; /� aftle center bear souttelsterly, thence In 4 102.44 fee radius cloro'le said R/w IW by 11, $0141-wes the arc of said curb#. is . $0.00 ft. slot, a railal J?nsp to %aid Curve 10 a POL"me 310315041" 9 radio Curve 2010 cbfiter Lose$ $oath t On a 1631.41) ft; direction two,o, a eatterlys tome to & central sail@ of 94161 said curve to &Pa. P.J.. then:@ :01, -13,1.115 ft. Slonq the are of S 4MV 14' V fee or of Jr. R. renal !p,jr*AIr;jwj lease to jolt easterly "In to propettv. on the partharli P j of the renif %ur t6cace 4 42,11.1,te-w F41.91 it. 410111 the porthelsterly 1,7101.1try of the V2mSI SPur4leporg lease prilrefire to a Point an the log -Ise, Of elk. 3. to-Ii. thence fluf-9 S-11-1 low-dary of C,,k jolpSift, ninstroil Air Park 345.92 ft.. it j:f;.61 ft.. I , lv%trfil Air fart it W019ai 69 the Stehlberly pt3? I I 34*311'1-1-f 4W.06 It. to a Doing to the motterlf C is*" Of Air -ort Drive, Penco 1; t-10410 Int 141M It. torn-:r of got S. Olt. S. Ce"I Islet les-ru%trill Air Part. on the ts'.j. 1 34 file Atli Suctleew .12 V!,F49IF 1 32.PJY AC PS Of 13011 SOCAU4 Is city of frall. Is%* all of 4!1-4. At. Sept filthin th-s CITY OF KENAI 1110d.eap" 4 4" ►, O, 80X NO NtNAI, A:AINA 996I I -�� - - TUIPMNt 283 • 7336 MEMO TO: HONORABLE MAYOR & CITY COUNCIL FROM: BEN T. DELAHAY, CITY ATTORNEY RE: CONSTELLATION AIRCRAFT DATE: APRIL 10, 1980 A letter to C. R. Baldwin. relative ioithe Constellation Aircraft dated March 26, 1980, was placed in your Council packet for April 2, 1980, for your -information. For reference herein, a copy of that letter is attached hereto. As of this date,,Mr. McNamara has made no reply to offer settlement in accordance with paragraphs 1 or 2.of that letter, nor any alternative that would appear reasonably in line with the same. In accordance with paragraph 3 therein;,'I therefore recommend that the Council authorize suit-=•for.,;hreach of,eontract against Mr. McNamara.-) In the event such suit"Is started, the City should request-.aninterim order ldireating Mr. McNamara, or in the•alternitive•.permitiing the City at the expense of Mr. McNamara, to -move the Constellation from its present location to a'spot,to be-desipfibted by the Airport Manager. Mr. Swalley has indicated that by using taxiways the plane could be towed to the south end of the airport to an area between the present sand pit and Arctic Aviation where the plane would be out of the way. If the court so ordered, the Connie could be removed from its present location so as to allow utilization of Lots 7 through 11 (which I understand have been requested for lease), extension of the ramp if money is secured therefor, and utilization of the area during the fishing season for unloading operations. April 10, 1980 Re: Constellation Aircraft Page 2 Since it takes time to prosecute a suit, immediate action of the Council is requested to authorize it. BTD/md Enclosure i" i i l • f i i i 0 CITY OF KENAI %Od Car" 4 4" P. O. BOX 660 KENAI, AIASKA 99611 1E1,EPNONE 200 • 1606 March 26, 1980 C. R. Baldwin, Esq. Baldwin & Taylor P. 0. Box 4210 Kenai, Ak 99611 Re: Constellation Aircraft Dear Ricks 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 tr—was extended to August '5.,-,On,Mr. McNamara's•request fox 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 incompliancewith 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. March 26, 1980 C. R. Baldwin, Esq. Page 2 �+1 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. 1990, 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 Councils j 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 4 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 do 1� f 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 r-, 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 f 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 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. McNamara - we wish to see action. Sincerely, 2ahjay Ben T. City Attorney BTD/md cct Jim Swalley-Airport Operations Manager city Manager James Bendell, Esq. City Council � iu • CITY OF KENAI ' t _ /. O. OOX NO K/NAI, ALASKA 11611 — TILIPHONI 493 • 7533 MEMO TOs HONORABLE MAYOR & CITY COUNCIL FROM: BEN T. DELAHAY, CITY ATTORNEY REs STOEHNER91 WITHDRAWAL FROM LEASE OF LOTS 11 2, AND 3 OF FBO SUBDIVISION DATE: APRIL 11, 1980 On March 19, 1980, the'-''Council-acted'with respect to the above -described lease,after consideration.of my memorandum ` of March 4, 1980, a -copy of which is. attached for your information. At•that,time, the Council selected the third alternative (on page 3 of the memorandum) to attempt to settle this matter with Stoehners on payment by Stoehners of $500 to reimburse the City for costs... Attached hereto is a copy of a letter received.,on this date"from Edward L. Garnett, Attorney for Stoehners", refusing to make any payment for ` such cancellation and denying any responsibility by Stoehners. This leaves the,three-options previously described in the Memo of March 4,-.and again i would advise that Option #1, to �. sue for specific performance of lease, should not be taken. This leaves the second option - to sue for damages for failure to carry out the terms of the lease. Since the damages cannot be determined until the space was re -rented, any action of this sort should be delayed (within the " { Statute of Limitations) until the area is leased and the damages ascertained. I The fourth alternative would be to accept cancellation of -- the lease and in light of the three applications and subsequent withdrawals to consider the Stoehners as irresponsible parties and indicate to the Administration and the Planning Commission that no future applications for City -leased lands would be accepted from the Stoehners. I � i I t R i I. r l , I � �l .t 4 April 11, 1980 Re: Stoehners' withdrawal from lease of Lots 1, 2, and 3 of FBO Subdivision In either of the latter cases, the Administration should be advised to actively pursue leasing of the lots in question. In the latter case, the Administration should be directed to cancel the signed original lease rather then to record it. Any actions thereafter could be taken at some later date. BTD/md Enclosure r • .l.QlII 4(�Cf/ Saw Tour-Hom 007.2im-71#19 I April 91 1980 Mr. Ben T. Delahay Esq. City Attorney 1 City of Kenai Box 580 + Kenai, Ak. 99611 ` RE: Lots 1, 2, 3 F.B.O. Subdivision 4 Dear Ben: I am in receipt of your letter requestingg the sum of f $500.00 for cancelation of leases on Lots 1, Z, and 3 of F.B.O. Subdivision. I would like to draw your attention to the letter of December 31, 1979, from the Stoehners to the City of Kenai. I have enclosed a copy for your reference. The leases were signed as an expedient to the acting City Manager, Mr. Brown, because he insisted that something be done before the ex- piration of 6 months so the matter would not have to be re- apprased. However, the lease was signed with the counter- offer that the lease term be changed from January 1, 1980 to July 1 1980, or in the alternative, January 3, 1980 to June 3, 1980 with lease note be reduced to a nominal amount for 6 months, and further, that there be an additional clause calculating the increase or decrease in the rents after appraisal. j None of the conditions set forth in the letter of Dec- ember 31, 1980, were met by the City. The City took it upon themselves to change everything around and start the lease as of April 1, 1980. There is nothing in the letter of December 31st that indicated an acceptance of the lease be- -----.' ginning on April 1, 1980. The City, in essence, made a counter- offer to the one of December 31st, which was not accepted by -__ the Stoehners. , With reference to the money going to the City for their costs and expenses, rest assured that the Stoehner's costs iI and expenses, in this very lengthy process with meetings and i hearings, has been far in excess of the $500.00 that the city r I may have incurred, and whatever procrastination has been done i was done by the City, not by the Stoehners. RECEIVED i APR 101980 ar �o,►� Derr. s As a matter of fact, the orignal applications was made in the early part of 1979 and were withdrawn at the request of the City Manager. I call your attention to my letter of ! July 26, 1979, where the Stoehners•re applied and requested f that the City give the re applications serious consideration as they would like to begin the preliminary work as soon as I ossible, and certainly the delay from July 26 to January of 1980 did not give any consideration to my clients' desire to begin work on the property. As a matter of fact, the City did nothing more than procrastinate for almost S months. In any event, the Stoehners have no intention of paying the city any sum whatsoever as they do not consider they have ever had a lease with the City. Sincerely, MMU ELG/mag L.TT cc John Stoehner Kai- kri rr i 1 I. I i f E i 7 I i 1 j k. -1 kl •t t ;'• ' , ; City of Kenai ' P. 0. Box 500 ' Xonai, Alaska 99611 ARCTU rura. rtru as a . 0. Cox 550 Ktanai, Alaska 99611 December 31, 1979 1. Attentions Charloo A. Brmm 'f • �: Acting City Manager {� Ite: .. Lease:. Lots 1 2 and 3, r � �..�i>: => , • .. �. F.B.O. �SUBDIVISION r;. Gantle mens t: Pursuant to your request of r'fecerbar 27, 1979, enclosed � is the. signed lease concerning; this above lots. The , lease was siggnod and returned as an expedient as you ouL•liued LnY our latter, i.e., six months was about to Y :�� •f.. �; :+ -� expire, and with the understanding; that the . lease could • be ; . >..,,.-,a• amended. .. ^slips areas Mutt wo requaw; ac aricndad in the !care io the date. Isistond of Jnnuar•J 1, 1910 to .T1:1y 1, 19:30 or, in .the alternative, front January 3, 19c30 to Junc 30, 19F0 ��• •' -be reduced to a nominal amount as the property is useless as it presently stands until we can have it cleared and �''�'•`7 �'�' •�`"` `;'iamroved. In othonrords, tee urill be paying; for somethin •""` -we cansust uoe until ntid-suvwer although »a applied fort ... , . . lease in the amm, er so vie would luive the late ow=cr to i ;t::'.s:•• :1ata fail to make improvements. 5. +? s• .. We would also liho the following vordine included in. Paragraph 9 of the (seueral Covenants as the lease is silent i '- as to how codetermined rental is to be calculateds ` "In calculating; the increase or decrease in rents after the appraisal, the rent shall be calculated on ';=..t. the basis of 6% of the appraised value as determined ' �'• ' . above". Sincerely, •.N.>..w • ..V/Y. ST Y 1 1.• y t • _ a,1 ► a 1 MF •t/L/va ,1^C:ZC MUM ^.T RVICFS. NOR 1 TrIJ:PIloNe, 007-0091.71 #19 July 26, 1970 City of Kenai P.O. Box 580 Kenai, Alaska 99611 RE: Lease Application Enclosed is the "Lease Application" on Lots 1, 2 and 3 of F.O.B-, Subdivison for my clients John and Kristine Stoehner. This is a reapplication as I,had previously applied to the ' City for the above mentioned'lease but at that time develop- meat plans were uncertain and.I did not wish to tie up the property. Therefore I withdrew this application. I would appreciate the City giving this enclosed application serious consideration as my clients were like to begin on the preliminary work i.e• clearing and stabilization as ' soon as possible. Sincerely, 1� C.- ^!-• G 1 - d- AkU L. GARNErT i ELG : j lb 1,. Enc. f I Ted Forsi and Inc. 124 East Seventh Avenue • Anchorage, Alaska 99M • 19071 M9517 P.O. Box 2470 • Soldotne, Alaska 99669 a 19071262-SM accBiv�eoi April 1, 1980 Am u `AU Mr. Keith Kornelis Director of Public Works City of Kenai P.O. Box 580 Kenai, Alaska 99611 Subject: Final billing and justification report for work done lobbying for airport grants for Kenai Municipal Airport Dear Mr. Kornelis; The following is our final billing and justification report for the work completed in assisting the City of Kenai in obtaining Airport Development Aid program grants for improvements to the Kenai Municipal Airport. Please accept our apology for not submitting a written report sooner on this work. However, as can be seen by the total amount of the bill we did not reach the 10 hour maximum or $450.00 figure required in our contract for a report at this time. We have made several personal contacts with representatives from the Federal Aviation Administration and the State of Alaska Department of Transportation Public Facilities regarding grants for the Kenai Airport. Additionally, we had several conversations with your administration regarding progress on the grants for the Kenai Airport. We feel our efforts were beneficial to the City of Kenai. As you know the City has recently received a $405,000.00 grant for the upgrading of the Airport lighting system. Additionally, the FAA and the State are well aware of the other needs that you have at your airport. Summary of Work Accomplished and Billing Meetings with: Paul Larson, Jim Perham and Steve Kurth from the FAA, and Bill Hueners and Roger Head, State of Alaska DOT/PF f/ �� Total 8.4 hrs. @ $45 hr. $ 370.00 -�'-0 e APPItOM 9Y CRY rP KMAI f? "Ry MANAGER INA?.CE ..» �'0['°. _'P M j t0 �17j'— P4JJ "RKS ».». ORIGINAL CCPY To ...»..._...._..... ........-...� Engineering • Planning • Surveying 1 l�l 1� f -. j1 � II L R ' I• I , •r Mr. Keith Kornelis • Page 2 We have sincerely appreciated the opportunity to assist the City of Kenai with their ADAP program. Please feel free to contact us if you have any questions, or would like further information on this billing and report. Sincerely, l TED FORSI AND ASSOCIATES, INC. ! Ted J. Forsi , P.E. Principal TJF;cs , i; i 1' i. -1 CITY OF KENAI " Coil Ca a, W al 41a4 a" P. O. BOX 6E0 KENAI, ALAEKA 99611 TELEPHONE 203 • 7030 Ua April 9, 1980 Mr. L. Norton Carlson The Rainier Fund 1705 Park Place Building Seattle, Washington 98101 Re: Concept Lease Application with the City of Kenai Dear Mr. Carlson: The City Administration has been directed by the Kenai City Council to grant you first right of refusal regarding your concept lease application for Tract B, Proposed Addition to Cook Inlet Industrial Air Park. This is the land which is located at the corner of Airport Way and the Kenai Spur Highway. The Council realizes that your lease application has been delayed through no fault of your Company. Some of the delay has been in waiting for the decision on the realignment of Airport Way and obtaining the Deed of Release for this parcel from the FAA. The City received the Deed of Release from the FAA for this property on Monday, April 7, 1980 and it will go befo're,Council for their approval on April 16, 1980. We have contacted Doug Keating with Property World to inform him of this as he had been your representative at the last Planning and Zoning meeting when your application was before them. Please contact me or have Mr. Keating call me at your earliest convenience so that we can set up a meeting to discuss the plot layout of the property and begin to take the steps necessary to have it surveyed and appraised. The Planning and Zoning Commission and the Kenai City Council are very favorable towards the development of a shopping center on this property and hope that your studies find it economically feasible to do so. Sincerely, 000000 "MeA kJ Keith Kornelis, Acting City Manager jet cc: Doug Keating !i CITY OF KENAI ,•ad eap4W 4 4"„ P. O. BOX 530 KENAI, AtASKA "611 TELEPHONE 203 • 7535 MEMO of the City of Kenai irector of Public Works/Acting City Manager Report for City Council Meeting AND STREETS since my last report. t 2 p.m. on April 10, 1980. Resolution ntract £or the Lube Facility and Shop Inc. for a sum of $92,000,000. This eer's estimate and fits very well within RCEPTOR LINE, AND OUTFALL w Sewer Treatment Plant expansion Resolution No. 80-67 awards the tment Plant to Brown Construction m price of $3,599,515.00. There were t and all bids were extremely close. for changes to the Facility Plan that or Line. This is a requirement of is not the same as that listed in e by DEC, there is now a good chance lorinate and dochlorinate sewer Aor to the receiving waters of Cook What's Happening Report Page 2 April 11, 1980 NEW STREET MAP As soon as the Ordinance concerning the directions of streets and avenues passes, there will be a Resolution concerning new street names. There has been a public hearing at both the Planning and Zoning Commission and the City Council. Both of these hearings have been advertised and we have been encouraging public comments. Unfortunately we cannot recommend passing a Resolution until this Ordinance has become effective. TOPO STUDY USKH is presently working on the additional 10 quarter sections that are being funded by the U.S. Dept. of Agriculture and Soils Conservation. The City does have one full set of blueline Topo Imaps from USKH in our office that are presently being used. PARKS AND RECREATION PLAYGROUND EQUIPMENT The City of Kenai received bids on Recreational Equipment on April 10, 1980 at 2 p.m. Resolution No. 80-69 awards the contract for Playground Equipment. The Resolution presently has the prices that we received from the bidders. Unfortunately, the Parks and Recreation Commission has not met at the time that this goes into the packet but Kayo McGillivray has assured me that he will have their recommendations at the Council meeting on April 16, 1980. 1980 KENAI AIPORT ELECTRICAL IMPROVEMENTS Wince, Corthell, Bryson, and Freas has started work on this Project and is presently analyzing our present system. SENIOR CITIZEN'S CERAMIC STUDIO The Contract was signed with Timberline Industries from Anchorage on April 10, 1980 for $49,990. { There is a very good possibility that the Public Works Department : will be asking for a Change Order on this project at the May 7 Council Meeting. This Change Order will be to go from ail -weather wood footings to concrete footings. FIDALGG, BIDARKA, BARNACLE, CAVIAR, AND REDOUBT Engineering proposals for the design of these streets are due this coming Monday, April 14, 1980 at 2 p.m. I understand that the Public Works Committee is meeting on April 15 to discuss these proposals and give its recommendation at this upcoming Council meeting. Resolution No. 80-65 has been included in your packet for the award of an engineering design contract for these street improvements. The blanks will have to be filled in after the Council has made its decision. Also enclosed in the packet for to What's happening Report Page 3 April 11, 1980 Council approval is a standard contract for agreement to furnish engineering design services to the City of Kenai. I have tried to design a contract as a standard contract that would be used by all engineering design firms working for the City of Kenai. I have spent quite a bit of time in compiling these items but would welcome and encourage any additions, deletions,or changes that might be desirable in an effort to come up with one standard contract required for all engineering design firms working for the City of Kenai. MISCELLANEOUS ITEMS Ordinance No. 563-80 concerns appropriations of funds in the amount of $12,000 into our shop budget. Due to extremely expensive and unexpected repairs to equipment plus a large reduction in budget requests, our shop fund has been depleted. There have been at least $10,000 worth of unexpected repair expenses in the Fire Dept. alone that come out of the Shop Repair and Maintenance budget. Federal Regulations require that Cities engage in an elaborate industrial waste discharging testing and reporting if the system has industrial waste. If the City has no industrial waste they are required to submit a resolution similar to the Resolution 80-64 which is submitted to Council at this next meeting. DEC also requires public input on preliminary user charge analysis concerning our sewer system. An advertisement has been placed in the newspaper stating that the public is invited to comment on preliminary user charge at this upcoming City Council meeting. User charge analysis is a requirement for DEC funding. The City has received a Deed of Release for FAA land where Airport Way joins the Spur Highway. This Deed of Release will be before Council at the upcoming meeting and a request for authorization to sign. A final billing and justification report for work done for lobbying for Airport Grants for the Kenai Municipal Airport by Ted Forsi and Associates is being presented to Council at this upcoming meeting. I am taking it upon myself to place two signs labeled "Welcome to the City of Kenai Business District" as soon as the ground has thawed sufficiently enough to enable us to put up the signs. One sign will be placed near the Katmai and the other sign placed next to the C Plaza. Any comments are more than welcome especially if the Council does not want me to do this. wmmi What's Happening Report Page 4 If April 11, 1980 I received a phone call from Mr. Lloyd Dyer concerning his lease lot and I asked him for a letter of his intentions to go before Council. His letter is listed in the public correspondence. KK/jet I 0 • r e- I WINCE CORTNELL BAYSON ( 6 FAEAS CONSULTING ENGINEERS BOX 1041 KBNA1g ALASKA 98611 BOX 3. 394 ANCHORAGE i ALASKA 99501 SUBJECT JOB NO I ENGR. IDA 0 x m0 z -o m0� m �o r 0 xn J �r- xcr v O A x 0 o �! i' C . % rn o v -c - z . r4 V, I u r• �- Li Om,• � I r �1 i CHECK OAT E 0 z M: Mayor Vince O'Reilly THWUGH: City Manager Bill Brighton FROM: Chief Richard Ross SUBJECT: Carrs' Mall Parking WE: 4-15-80 On 4-14-80, Mr. Dave Curtis of Carrel Mall contacted my office to ascertain if the City's position on the enforcement of the lane in front of the Mall had been reconsidered. He stated he was again having traffic problems in the area that are potentially hazardous to pedestrians, especially children. He is correct in his assessment of the problem. This issue has been a matter of discussion for several years. Most recently in your memo to my office dated 12-5-79 and the reply given dated 12-6-79. The position the City has taken in the past, and at present, has been that the problem of enforcemnt of the parking lane in front of the Mail should be addressed by the private prop- erty owner, in this case Carrel. In taking this position, the following factors were considered by the Police Department, City Manager and Council: 1. How to legally enforce a private property owners parking regulations on private property by means of UZIC issuance. 2. If the lane was disignated a "fire lane" and the City accepted the responsibility for enforcement, to what degree would the City's liability be extended for incidents occuring in that area. 3. If the City did accept this responsibility, the only viable, effective means of enforcing a "fire lane" in order to prrotect the City's exposure would be through impoundment of the violating vehicle. In view of the cmmamity relations problems encountered with present airport parking imp =x1ment policies, should the police powers of the City be used for his kind of enforcement on private property. 4. Effective enforcement of this "fire lane", if the respon- sibility was accepted by the City, would involve a consider- able number of police manhours during a time of day when the highest demands are already placed on available manhours. As discussed in the 1979 annual report, present manpower allocation is such that the dayshift manning is primarily w involved in handling of calls and follow-up investigations. Routine traffic and preventative patrol enforcement capabil- ities are extremely limited during the time period 8AM-8PM. This would be when the need for "fire lane" enforcement would be at its peak. Should present limited capabilities be fur- ther diminished to take on this responsibility, in view of complaints from outlying subdivision areas on lack of visible police patrol during these same hours. 5. Should the City use police manhours to enforce a parking problem that is basically the responsibility of the property owner, and if they do this for the Mall, on what criteria would they also provide or deny service to other local busi- nesses that might also request such service (i.e. apartment complexes, commercial establishments, etc.). 6. Historically, the City Felice have had a minimal respon- sibility for parking enforcement. Has the City grown to the point that this should be changed? At present, parking en- forcement consists primarily of abandoned vehicles on City streets, snow removal impounds, illegally parked vehicles on City streets that create hazardous situations, and Municipal Airport short-term parking. This has amounted to approximate- ly 4% utilization of total available department manhours. Since other parking enforcement responsibilities (i.e. proper side of the street, etc.) have received low priority, parking enforcement has not been considered in programming of man- power requests and utilization. 7. With this in mind, should the City enter into "fire lane" enforcanent on private property. This type of parking en- forcement, if accepted, cannot be of low priority. Systema- tic, eonsistant enforcement must be present in order to pro- tect the City against any incident claims (i.e. blocked fire lane during a fire or other emergency). Additionally, once the City accepts this responsibility, it will be highly vis- ible to the public and the concerned property order if it is not consistantly enforced. This will no doubt add increased service calls as enforcement is requested. The result would be to add manhours to the Department to meet this service need, or divert present limited manhours from other service areas to meet it. The alternative to public funded enforcement of "fire lanes" on private property is that the private property owner be re- sponsible. Retail businesses historically do not wish to enforce their own parking and "fire lane" regulations for pub- lic relations purposes. if the City accepts this responsi- bility for the Mall it should also be prepared for other bus- inesses that will request it and especially frcam apartm..nt complexes, and schools, that presently do enforce theivi own regulations and "fire lanes" at present. It is essential, therefore, that any policy change in this area be well planned. As Carrs' has raised this issue again, I feel that the admin- istration and Council should review present policy. This could possibly be done at a public work session with Cams' representatives present. At that time, present policy could be reaffirmed or modified as deemed necessary and appropriate. Respectfully submitted, W lf,1LY ~��+. Chief of Police , �J ,f KENAI PENINSULA BOROUGH ,1 REGULAR ASSEMBLY MEETING raw APRIL 1, 1980; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A G E N D A - Assembly Vote A. CALL TO ORDER AND ROLL CALL Dimmick 6 B. PLEDGE OF ALLEGIANCE Elson Fischer 5 6 C. SEATING OF NEW ASSEMBLYMEMBERS (none) Halle Long S 6 D. AGENDA APPROVAL Martin .McCloud 6 3 B. APPROVAL OF MINUTES OF MARCH 18, 1980 Pickarsky 8Sikorski 6 F. ORDINANCE HEARINGS, OR OTHER PUBLIC BEARINGS Ambarian 5Arness 6 (a) Ord. 80-17 "Rezoning Lots 1 and 1S, Block CamCampbell 3 CarlAhlstrom Subdivision, Cit of Kenai, From Suburban Residential (RST Corr 6 2 District to General Commercial (CG) Districixawford ,- (b) Ord. 80-18 "Adopting a Comprehensive Plan for the City of Seldovia as a Portion of the Kenai Peninsula Borough Comprehensive Plan" (c) Ord. 80-19 "Acknowledging Receipt of ut or zation to Spend Certain Coastal Management Program Grant Funds and Increasing Estimated Revenues and Appropriations" • (d) ' Ord. 80-20 "An Ordinancer of the Kenai PeeOR a Borough, Authorizing and Providing for the Issuance of Not to Exceed $6,762,646 of the Borough for the Purpuse of Raising Funds to Pay the Costs of Hospital Construction in the Central Kenai Peninsula Hospital 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 Pen- insula Hospital Service Area of the Borough to the Payment Thereof" AGENDA FOR MINUTES OF APRIL 1, 1980 G. CONSIDERATION OF RESOLUTIONS ! (a) Res. 80-34 "Setting the Date for the Board of Equalization Clearings and E the Dates When Taxes are Payable and Delinquent" (b) Res. 80-17 "Designating the Newspaper and awardrng the Contract for the Publication of the Property Tax Fore- closure List for the Tax Year 1979" (c) Res 80-35 "Awarding a Contract for Con- struction of Lou Morgan Road to Doyle's Excavating & Construction Company" Memo 80-102 (d) Res. 80-36 "Authorizing the Award of a Contract ror the Construction Survey of Lou Morgan Road to Ted Forsi $ Associates, Inc." Memo 80-103 i I (a) Res. 80-37 "Awarding Contracts for aL n�lc scape Maintenance Projects Within the Borough" Memo 80-100 (f) Res. 80-38 "Authorizing the Prepar- ation of nstruction Documents for a New Concrete Pool to Replace the Seldovia Aluminum Swimming Pool" Memo 80-105 (g) Res. 80-39 "Requesting the Kenai Pon- nsu a Fire Chiefs`Association to Prepare an Analysis of Fire Protect- tion and Paramedic Needs Within the Borough and to Recommend Methods for Extending Fire Protection to the Areas Outside any First Class City or Fire -- - r - Service Area" -- -- (h) Res. 80-40 "Relating to the Expondi- ure of Assembly Funds for Travel to Conferences Concerning Borough Legis- lative or Other Municipal Affairs" (i) Res. 80.41 "Limiting Public Presentation t at AssomITy Meetings to Issues and j Legislative Items on the Assembly Meet- j ing Agenda" PACE 2 t L i 1 AGENDA FOR MINUTES OF-APRIL 1, 1980 PAGE 3 n W Res. 80-42 "In Support of the State of as a, Department of Natural Resources, Division of Forest, Land and Water Managoment, Plan to Determine if State Lands in Homer are Suitable for Live- stock Grazing" (k) Res. 80-33 "Authorizing a Borough orest ands Management Agreement Between the State of Alaska, -Depart- ment of Natural Resources and the Borough for the management, Dis- posal or Sale of Forested Borough Lands" (1Vynkoop/Korhonen) H. INTRODUCTION OF ORDI14ANCES (a) Ord. 80-2'A "Appropriating Funds for Irfical-Y-ear 1980-81 for the Kenai Peninsula Borough" (b) Ord. 80-24 "An Ordinance Establishing he enai-River Subdivision Service Area -to Provide Road Maintenance ,._ Services, and Providing for an Appointed Board" (c) Ord. 80-25 "Exempting Purchases of aso ne and Home Heating Oil From Borough Sales Tax" I I. FORMAL PRESENTATIONS WITH PRIOR NOTICE •(a) Ken Calvert; Regionalism (b) Dick Bogard; Flood Plain Management J. CON-1ITTEE REPORTS (a) Finance Committee (McCloud/Mille/Cooper/ Crawford/Corr/Dimmick) (b) Local Affairs (Campbell/Davis/Pickarsky/ Sikorski) (c) Public Works Committee (Arness/Ambarian/ Long) (d) School Board (McCloud) K. MAYOR'S REPORT (a) Economic Development Council; Hazel heath .r� 0 AGENDA FOR MINUTES OF APRIL 1, 1980 PAGE 4 L. SCHOOL CONSTRUCTION REPORT (nono) M. OTHER BUSINESS (a) TAR'S PENDING — (b) NACo Conference, April 22-26, 80 (Reconsider) (c) Fairbanks North Star Borough Letter and Res. re Devils Canyon -Upper Susitna Hydropower (Postponed to 4-1-80) (d) Ord. 80-9 "Adopting a Comprehensive Plan for the City of Kenai as a Part of the Kenai Peninsula Borough Comprehensive Plan" (Reconsider, Corr, 3-18-80) (e) Res. 80-28 "Expressing the Policy of the Assembly Regarding the Inclusion of Annexation Proposals in the Borough Com- prehensive Plan" (Tabled 2-19-80) (f) Res. 80-14 "Amending the Borough Codified Ordinances to Set Forth Certain General Provisions Relating to Permitted Religious and Educational Uses" (Referred to All P.C.'s) (g) Ord 80-6 "Amending Section 5.12.260 of the Borough Code of Ordinances Providing for the Preparation and Publication of the Property Tax Foreclosure List" (Tabled 1-22-80) (h) Ord 80-25 "Amending Section 20.16.150 of the Borough Codified Ordinances to Provide That Consent to Subdivide a Parcel of Land fist be Granted by All Persons Holding Interest in the Land, Including Holders of Deeds of trust and :Mortgages, as a Part of the Subdivision Ordinance" (Referred to P.C.3-18-80) (i) Ord. 79-74 "Rezoning a Portion of Bayview Subdivision, City of Homer From Residential (R) District to Commercial (C) District" Referred to homer P.C. N. ASSEMBLY AND MAYOR'S COMMENTS 0. PUBLIC CO.%G%fENTS T1 N AGENDA FOR MINUTES OF APRIL 1, 1980 PAGE S t P. INFORMATIONAL AfATERIALS AND REPORTS (a) KPB School District; News in Brief, 3-17; Minutes, 2-25-80 (b) Planning Commission Minutes, 2.18-80 (c) North Pen. Rec S.A. Minutes, 2-26-80; 3-4-80 (d) AML Legislative Bulletin 027 (e) -Reminders to Assemblymembers (f) South Pen. Hospital S.A., Minutes 1-16-80 (g) Municipal Newsletter, Foster F Marshall Q. NOTICE OF NEXT MEETING AND ADJOURNMENT y 'lh t =r - I r I i Xgnal (fomntinity .&Aaty ' f A PUBLIC LIBRARY IN FFRVICB 1111Z 1049 BOX 157 KENAI. ALASKA 99611. REPORT FOR THE MONTH OF MARCH 1980 Circulation Adult Juvvnile Easy Books Fiction 1347 377 978 Non-fiction 1798 93 229 Total Book Circulation 4822 Films, Phonodiscs, Pamphlets, Periodicals 266 Total Circulation 5088 Additions Adult Juvenile Easy Books Total Gifts 66 3 0 69 Purchases 85 23 15 123 ' Total Book Additions 192 Phonodiscs and Cassettes 2 1 Total Additions 194 Remedial and Re -worked Books Adult Juvenile Easy Books Total 1 78 7 9 94 Interlibrary Loans Ordered Received Returned Books 47 21 14 Phonodisce/AV 35 35 17 Microfiche 34 17 10 • Interlibrary Loans by our Library 67 - -- Volunteers Number 24 Total Hours 284.5 r . Income C + Fines and Sale Books $388.01 Lost or Damaged Books 24.32 Xerox. 150.75 Total Income for tfareh $563.08 f } 1! F, • I L I II ` '1 lI 0, _ BORROWERS CARDS ISSUED FOR MARCH 1980 Kenai 104 1 North Kenai 21 i Soldotna 48 Clam Gulch 1 Nikiski 1 i ! Sterling 5 Kasilof 5 Ninilchik 1 Tyonek 1 Total Cards Issued for March (Includes renewal applications) r F i 1 i; r I� - k t I -i 18T URS ANINTENNATIONAI 1'T104T4{S10NAI SEFIVIGESONGANVATION __,...._._.._.._... :,Inthl 826 WEST 8TN AVENUE Hr,lf;iin�fl,1, ANCHORAGE, ALASKA 99591 1 A•, 1,11,11', TEL' (907) 278-3695 .AN MA [It I Gdr,1-1-A;0 Id AI I A" b!f N V . AN'.r.'1 11 Y ?J e,,tl, u1 ANS NI V, 9 n,e l4!• auN1, IUN 111. April 16, 1980 Mr. Keith Kornelis, Director thq artment of Public Works City of Kenai P.O. Box 580 Kenait Alaska 99611 Dear Mr. Korneliss URS Company is submitting this letter to confirm our commitment to assist Peninsula Engineering on the City of Kenai road bq=ve- umt engineering projects. We have the technical capability to per- form the tasks necessary and will be available during the course of the project so that timely eanpletion is assured. UR3 has recent and ongoing experience on the Kenai Peninsula. We have recently completed a water system plan for the Borough and currently are performing a solid waste study. We believe the team of Peninsula Engineering and LW Cartgany provides the City of Kenai with the skills, experience, and professional thoroughness required for the successful completion of the project. We look forward to further discussion with you regarding this pro- ject and are available to answer any questions you may have. Sincerelyt Melvin J. 14nsen, Jr. Fisheries Biologist 1 • CITY OF KENAI I'M eap" &/ 4" P. O. BOX 660 KENAI, MAMA 99611 TELEPNONE 463 •7635 April 15, 1080 Alcoholic Beverage Control Board 201 East 9th Ave. Anchorage, AK 99501 Attn: Me. Betty Calhoon Records & Licensing Supervisor Dear Ms Calhoon: With regard to the following, the Kenai City Council have no objections to renewal of license: The Peninsula Oilers Thank you for your assistance in this matter. Sincerely, Janet Whelan city clerk jw cc: Peninsula Oilers �s� p 9 Mun*IGPJ OAR■ ■e 4 1b _ a � - 1 rp po UgWATWE ButtEAN 029 April 7, 1980 FLOOR ACTION SSSB 1 - ALASKA LOANS PROGRMI FUND: An amended version of the bill, which now pertains to Re state loan program, passed the Senate 20-0, April 1. 2nd FCCS SB 161 - PERMANENT FUND: The FCCS passed both houses and the report is in t e Senate and House Joint Supplemental #7, April 2, 1980. If you would like a copy of this report, please contact the League office. IN COMMITTEE SSSB 239 - ALCOHOLIC BEVERAGES: The local option section authorizes municipalities to conduct local option elect ons on the following questions: (1) whether alcohol should be prohibited entirely in a community; (2) whether alcohol should be prohibited entirely except if sold through either a package store or beverage dispensary operated under a community liquor liconse; (3) whether a municipality which has previously banned the sale of alcohol through a local option election should apply for a community liquor license enabling it to sell through a package store or beverage dispensary; (4) whether beverage dispensary or package store licenses in effect in the community should be banned, and a community liquor license sought in order to enable the city to sell liquor through a beverage dispensary or package store; and (S) whether the sale of alcoholic beverages should be banned in a community unless sold under a restaurant or eating place license. The Judiciary Committee recommended the committee substitute, Sackett waived referral to the Finance Committee and the bill was sent to Rules. SB 370 - FIRE PREVENTION: The CRA Committee recommended a committee substitute and the bill was reerrs to Finance. The committee substitute provides for reimbursement to municipalities for property tax revenues lost by an exemption of 20#1 of the assessed value of an improvement under this bill. 204 North Franklin, Juneau, Alaska 99801 - S86-1326 A SO 379 - AIDA LOANS: The Commerce Committee passed the bill out with individual ;e_convnendat_i_on_s_a_nU the bill was sent to the Finance Committee. SO 389 - SENIOR CITIZEN PROPERTY TAX EXEMPTION: The CRA Committee has passed out a committee substitute and the bill was referred to Finance. SO 510 - EXEMPTION OF BUSINESS INVENTORIES: On April 3 the CRA Committee passed out a committee su st tute and the bill was referred to the Finance Committee. SO 534 - PROPERTY TAX REBATE: Mulcahy waived reforrel to the State Affairs Committee and the Bill is inthe CRA Committee. CSHB 3 - ELECTION REFORM: Members of the Free Conference Committee are Senators Kelly, Fa ren amp and Ziogler; Representatives Parker, Miller and Eliason. Hearings were hold all last week on the Free Conference Committee report and they will continue the week of April 7 with a teleconference being held Wednesday, April 9 at 6:30 pm, Juneau time. HB SSO - TRAFFIC CONTROL SYSTEM RESPONSIBILITY: This bill was on the House calendar April 2, the committee substitute was adopts , it was amended and the bill passed 27 to 6. It has been referred to the Senate CRA Committee. HOUSE BILLS HB 986 - UNORGANIZED BOROUGH TRANSPORTATION DISTRICTS: Introduced April 2 by the Finance Committee by Request, this bill establishes regional transportation districts In the unorganized borough and provides for regional transportation boards which will have authority to build, or otherwise acquire, and operate transportation facilities in that district. The bill was referred to the CRA Committee. HS 987 - G.O. BONDS FOR PORT FACILITIES: Introduced April 2 by the Resources Co�ttee, this Bill provides or t e ssuance of G.O. Bonds in the amount of $300 million to guarantee revenue bonds issued by municipalities for port facilities. The bill was referred to the Finance Committee. PPROPRIATION FOR PORT CONSTRUCTION REVOLVING LOAN FUND: Introduced April esources Committee, this bill appropriates 25 it on to the Alaska Port for the port construction revolving loan fund. It was referred to Finance. HS 989 - ALASKA PORT AUTHORITY: Introduced April 2 by the Resources Committee, this bill esta i s es a port authority made up of the Commissioner of DOT/PF, the Commissioner of Revenue and one public member appointed by the Governor. The authority may hire an executive director. The duties would be: negotiate and enter into studies with the corps of engineers relating to projects proposed by municipalities; negotiate and enter into agreements with municipalities relating to the sale of revenue bonds; administer the port construction revolving loan fund; and prepare an annual report by January 1S describing the authority's activities during the proceeding calendar year. The bill was referred to the Finance Committee. SENATE BILLS SO 546 - STATE AID FOR LOCAL CAPITAL PROJECTS: Introduced April 3 by the CRA Committee, this bill esta 1 s es the "Cap tar Projects Foundation Fund" to provide assistance for improvement, maintenance and new construction costs of local capital projects. It has been referred to the CRA and Finance Committees. i ,ask ui P. LEgistATIVE BWEAN a 28 April 1, 1980 ITEMS OF INTEREST REVENUE SHARING: Presentations to the House Finance Committee were made last week when L e�Board of Directors and the Alaska Conference of Mayors were in Juneau for their spring meetings. Local officials also discussed the municipal assistance fund derived from a share of the general and petroleum corporate income tax, the school foundation program and school construction debt payments. Also meeting last week were members of the Alaska Municipal Management Association. HB 950 am - MUNICIPAL BOND INTEREST PAYMENTS: Having passed the Senate on March 27, -0, thIs bill was signed Into law By the Governor and is now Chapter 15, SLA 1980. FLOOR ACTION CSHB 3 - ELECTION REFORM: The House failed to concur with the Senate amendments and appointed a free con erence committee: Parker, Miller and Eliason. IN COMMITTEE HB 60 - OPERATING $ CAPITAL SUPPLEMENTAL FOR FY 180: The Senate Finance Committee as started mark-up on HB 60, Whi-ch contains, among many other things, the 6.7 million to fully fund the PY 180 revenue sharing entitlement. Please contact your Senator and indicate your support. HR.537 -.STATE DEFERRED COMPENSATION BOARD: The Finance Committee recommended a coMite; substitute and the bill has been teferred to Rules. CSHB 578 - MUNICIPAL GRANT ACCOUNT: This bill, which provides that the amount of a grant to a municipality shall —Fe —paid directly to the municipality by the Commiss- ioner of Administration, passed the House on March 24, 40-0. It is now in the Senate Finance Committee. 204 North Franklin, Juneau, Alaska 99801 - 586-1325 HB 962 - CREDITS AGAINST FISHERIES TAXES: This bill, which allows for credits against the raw fish tax - a portion of which s returned to municipalities, was heard in the Resources Committee on March 25. The League testified requesting the state reimburse municipalities for the money lost because of these credits. The Resources Committee passed the bill out without any amendment to this effect but the sponsor (Gardinor) is having an amendment prepared that would call for the municipalities share being calculated off the top so that the returns to the municipalities would not be af- fected. This amendment is expected to be adopted by the Finance Committee. SB 524 is identical to HB 962 and has boon reported out of the Senate Judiciary Committee and is now in the Senate Finance Committeo. SB 237 am - BUSINESS LICENSE FEES: This bill, which funds the Litter Act, was heard in the -House State Affairs Committee on March 26. The committee recommended do pass and the bill was sent to the Judiciary Committee. SB 309 - LOCAL GOVERNMENT FISCAL IMPACT STATEMENT: The CRA Committee has recommended a committee substitute and the gill was referred to the Judiciary Committee. HOUSE BILLS HB 967 - POWER AUTHORITY BONDS: Introduced on March 21, this bill authorizes bonds or ten power projects. It has been referred to the Resources and Finance Committees. HB 970 - AQUACULTURE APPROPRIATIONS: Introduced on March 21 by the Rules Committee by Request, thIS b111 proves 1�483;000 for Southern Southeast, Northern Southeast, and Cook Inlet Regional Aquacuiture Associations. It has been referred to the Resources and Finance Committees. HB 974 - STATE AID FOR HOSPITALS: Introduced on March 26 by the CRA Committee, this 11 raises t e 1 m t of payments for hospital facilities and services from $75,000 to $200,000 for hospitals with more than ten beds, and from $25,000 to $60,000 for hospitals with less than ten beds. It has been referred to the CRA and Finance Committees. HB 97S - APPROPRIATION FOR HS 974: This bill appropriates $1,678,000 to pay for HB 974. It has been referred to the CRA and Finance Committees. SENATE BILLS SB 528 - ALTERNATIVE ENERGY ACT: Introduced on March 21 by the Rules Committee by Request o the Legislative Council by Request, this bill creates an alternative energy research development and demonstration fund and provides for grants for same. It has been referred to the Finance Committee. SB 529 - APPROPRIATION FOR ALTERNATIVE ENERGY ACT: This bill appropriates $5 million to pay for SB 528. It has been referred to t e Finance Committee. SR 534 - PROPERTY TAX REBATE: Introduced March 27 by the Commerce Committee, this bill calls or the state to rebate 30% of p;operty tax and special assessment pay- ments back to the propetty owner. It has been referred to the State Affairs, CRA and Finance Committees. SB 535 - FIRE PREVENTION: Introduced on March 27 by the Commerce Committee, this bill establishes a task force on fire prevention and control within the Department of Community and Regional Affairs. One of the nine members must represent the Alaska Municipal League. The task force is charged with making recommendations for the improvement of fire prevention and control in the state. Task force self destructs in June of 1984. The bill was referred to the Commerce, CRA and Finance Committees. ?a ce,��e op � 3a� r1 o • -,zs- :: Y-s 0.