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HomeMy WebLinkAbout1980-07-02 Council Packet1 • ' I MIS .1 COUNCIL PACKETS /?80 JULY ti iI 1 t I Kenai City Council Meeting Packet July 2, 1980 f , AGENDA KENAI CITY COUNCIL - REGULAR MEETING JULY 2, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Application for Liquor License - La Fiesta c IN I'll !.-2- . PGL ERSO`N-S PRESENT SCHEDULED TO BE HEAR D. MINUTES 1. Minutes - Special Meeting - June 12, 1980 2. Minutes - Regular Meeting - June 18, 1980 E. CORRESPONDENCE F. OLD BUSINESS *-s�rr---G& r9--P$rMT4-.Lqt / tev. Ray Cason Lease .� --3 Personnel Arbitration Board Recommendations 3 Gerald Wasson Lease &r Youth Center Site G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 582-80 - Authorizing Issuance and Sale of $400,000 - G.O. Bonds ,/ 4. Ordinance 583-80 - Establishing Special Revenue Fund - Senior Citizen Project - $147,680 ,/5. Ordinance 584-80 - Amending Title 12 - Regulating Burglar & Hold -Up Alarm Systems 6. Ordinance 585-80 - Increasing rev/appns by $75,000 in New Capital -Project entitled "Softball Fields Complex" &-,�7. Ordinance 586-80 - Increasing rev/appns by $525,000 in a new Capital Project Fund entitled "Youth Center" Ordinance 587-80 - Increasing rev/appns by $150,000 in 1980-81 General Fund Budget for a Grant From State to be Conveyed to Kenai Peninsula Community Care Center ' �• � , r < < t j:' , —• t' '`_ r;-i JU ..c9-r ,.��./'�.(tiv.,:.2 - ``_`moo .r-0-� ( - !L -- - - - t -f,.j•f�'w9. Ordinance 588-80 - Amending KMC 22.05 to Clarify Section 70 on Property Exchanges and to Enact E New Section for Sale of City -Owned Land to Owner of Adjacent Property Where No Other Use Would be Feasible r �A-_10. Ordinance 589-80 - Increasing rev/appns by $20,000 C in a New Special Revenue Fund Entitled "Kenai Borough Senior Citizen Grant" (Pat Porter will speak) % 11. Ordinance 590-80 - Amending Title 23 of Kenai Code to Provide a New Position "Administrative Coordinator" 12. Ordinance 591-80 - Increasing rev/appns by $500,000 '� in a New Capital Project Fund "Harbor Study" for Study and Design of Small Boat Harbor in Kenai River 13. Resolution 60-112 - Transfer $2,500 - Parks & I Recreation - to Hire Engineer to Prepare Bid Documents for Youth Center 14. Resolution 80-113 - Accepting Grant Offer in Amount , of $500,000 From State for Purpose of Harbor Study and Design 15. Resolution 80-114 - Accepting Grant Offer of $150,000 ! From State to Provide Additional Funds for Construction •, and Furnishing of Childrens' Homes -r 16. Resolution 80-115 - Accepting Grant Offer in ' Amount of $2,100,000 From State for Purpose of Road Improvements Including Water & Sewer --�17. Resolution 80-116 - Accepting Grant Offer in Amount , ! of $750,000 From State for Purpose of Water & Sewer Improvements ,--18. Resolution 80-117 - Accepting Grant Offer in Amount of $600,000 From State for Purpose of Constructing ' Youth Center and Making Other Recreation Improvements 11'19. Resolution 80-118 - Transfer $50 (Animal Control) To Repair the Telephone Answering Machine at Animal ` Shelter 20. Request for purchase of sand - Brown Construction k Co. (Sewage Treatment Plant Job) 21. Peninsula Engineering - Fidalgo Subdivision Street _ Improvements - $18,091.80 22. CH2M Hill - Sewage Treatment Plant - $3,560 23. CH2M Hill - Sewage Projects Design - $24,140 _ 24. OMNI North - City Hall Construction - $102,357 25. USKH - TOPO Mapping - $10,113 { - --- H. REPORTS - ---- 1. City Manager - 2. City Attorney 0 3. Mayor 4. City Clerk - (,a 5. Finance Director h 6. Planning & Zoning I ' I y i I I� i 7. Kenai Borough Assembly 8. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT * SEE PACKET OF June 18, 1980 Y. % : AA�t _ I n s � `^ 01 t^Q AS e0. N-,0✓ COUNCIL MEETING OF l � dais iru�irr��rWA Masons amom, �dAR.�J�'117�J17t7�9�917P/L9�'J� I'm u conowson 0 WOMEN FRY Bonn b.��IrI�i�7l�I�7m�17�I'69�7PI�'/�'i0■ 1�17�717��I�lL9�I {7�I�I�7�JPJ�I�I■ 00 ' COUNCIL .AtiETIt; OFry L, b A ���r�oc�� �or�r���■ii s al'JF7�ll7�19�7i7{�{/�OPIII�I�� m i ` w MY S` MANWO, fi0VERNX DEPART OUNT OF REVENUE ALCOHOLIC BEVERAGEGIONTROL BOA. AVENUE RD ANCHORAGE, 201 EAST HALASKA ;9960f June 24, 1980 ry ctrr c,7r Ms. Janet Whelan u City Clerk City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Dear Ms. Whelan: The Alcoholic Beverage Control Board intends to approve the enclosed application for a new restaurant liquor license. RESTAURANT " LA FIESTA; James H. and Helen J. Stephens;C Plaza ; Mail: P. 0. Box 2697, Kenai, Alaska 99611 If you choose to protest under AS O4.10.270, you must submit a statement of issues pursuant to the Administrative Procedures Act (AS 44.62) within 30 days from receipt of this letter. If we do not receive a response, the Board will assume you have no objection to the issuance and will take final action on the application. As this is a new application, we need to hear from you whether or not population and zoning criteria are met. Thank you for your consideration. Sincerely, CAP ;. Betty L. Calhoon -- Records and Licensing Supervisor - (907) 277-8638 BLC:bn Enc. "SOS" i r i - r k r r i - - - -- - MDAZIN no 17) 1341 Fairbanks Street Anchorage, Alaska 99501 June 27, 1980 Mayor Vince O'Reilly Council Board Members City of Kenai P.O. Box 560 Kenai, Alaska 99611 Dear Sir: On January 25, 1980, a letter from the city of Kenai was sent to the Alaska Department of Revenue, Alcholic Beverage Control Board, Anchorage, Alaska to the attention of Betty Calhoon, Records and License Supervisor, objecting to the reissuance of Liquor License #0627 to Kenai Liquor Store #54, Kenai, Ak. For some time now, Carrs Quality Centers has been negotiating a sale for the above mentioned license. At this time the arrangements for the sale has been completed contingent on the reissuance of the license. The contemplated sale of this liquor license is to Casino, Inc. with the following persons being corporate members: Peggie Garnand, President Bob Garnand, Vice President Sharon McKenzie, Secretary -Treasurer It is the intent of the prospective new owners to use this license on a continuing basis= and by doing so would offer persons of your community another choice in making purchases. We respectively ask that the city of Kenai, under these conditions, withdraw its objections to reissuance of this license, contingent on the sale to Casino, Inc. Re ctfully FAI_� o rt , RS:as .JUN2ti19W �et +c rTit'�I C�It;�mr � f:F'yn.l L I iK, - MY & HANNONQ SU RNOR DE ARTNIENT OF REVENITH �tCONOtlC BtY[NilOE CONIROt 80AR0 201 E. 9TH AVE. ANCHORAGE. AK.96501 June 13, 1980 ' " ii I-'..1 Is. Janet Whelan ,ity Clerk 1 ty of Kenai . 0. Box 580 ,enai, Alaska 99611 rear Ms. Whelan: .isted below is the action taken by the Alcoholic Beverage Control Board �t its meeting of June S. 1980, in Anchorage, concerning liquor license applications in the City of Kenai. Ipproved 1980 renewal of retail license for: Kenai Liquor Store #54; Carrs Quality Centers, Inc., Pres. L. J. Carr, Vice Pres/Sec/Treas. J. P. Wiley; Center Street, 1 B1k. N. of Post Office, Kenai; Mail 1341 Fairbanks Street, Anchorage. Aparoved 1980 of recreational site license for: Peninsula Oilers; Peninsula Oilers Baseball Club*, Inc., Pres. Coral Seymour. Vice Pres. Dwain Gibson, Sec/Treas. Wayne Ounworth; Tinker Lane and Lawton Drive; Mail P. 0. Box K, Kenai. Sincerely, l �1 Patrick L. Sharrock Director (907) 277-8638 �s 1 • CITY OF KENAI „Od eat 4 41-a"d„ Y P. O. BOX 500 KENAI. ALASKA 99611 TURPHONB 203 • 7533 u January 25, 1080 Alaska Dept. of Revenue Alcoholic Beverage Control Board 201 Bast 9th Avenue Anchorage, AK 99501 Attn: Betty L. Calhoon Records & Licensing Supervisor Dear Ms. Calhoon: The City of Kenai has reviewed your Notice of Liquor License Applications dated December 28, 1979. <1. he City of Kenai strongly objects to the reissuance of license No. 0627, to Kenai Liquor Store #54. It is the opinion of the Council that because . . the liquor store is open only a short period of time each year, make only 8 token effort to serve the public, and is one of two licenses in the City held the licensee, that this license should be rescinded. 2. The Council also objects to those applicants who have not paid their taxes or filed their quarterly tax statements. The Kenai Peninsula Borough has Information of those not current on their taxes or filings. (See letter of January 24 to Sharrock from the Kenai Peninsula Borough, copy attached) 3. As of January 15, 1980, according to Mr. Bill Coghill, Kenai Peninsula Borough Tax Auditor, those deficient are: a. Harborview Restaurant, #0504 b. Kenai Joe's, #0626 c. Rainbow Aar, #1312 d. Eagles, #0337 e. Peninsula Oilers, #0846 f. Twin Cities Raceways. 41457 2- TO: ABC Board FROM City of Kenai Jan. 2 5, 1980 i However, there may be others we have not been able to get from the Borough. If you wish a specific list, we would ask that you extend the deadline for a ., statement of issues until we are able to obtain an accurate list from the Kenai Peninsula Borough, or accept our protest as to those licenses in the City of Kenai set forth on the deficient list to be supplied by the Kenai Peninsula Borough. Please contact me if you have any questions pr if you are willing to extend the deadline in lieu of additional information. Sincerely, Janet Whelan _ City Clerk f fw Attach. i 1� I �� . � _ _ -r---• -..- -----mow-?-�i fE � • AGENDA KENAI CITY COUNCIL - SPECIAL MEETING JUNE 12, 1980 PLEDGE OF ALLEGIANCE i� A. ROLL CALL �• AGENDA APPROVAL c B. PUBLIC HEARINGS 1. Ordinance 577-80 - Adopting Annual Budget for FY-1980-81 Z. Ordinance 580-80 - Setting Tax Levy for FY 1980-81 (Proposed Substitute) - ADJOURNMENT n •" R I • 1 I •J X-7 - - � f 1 1 1 t e { r- kENAI CITY COUNCIL - SPECIAL MEETING, MINUTES JUNE 12, 1980 - 7: 00 PM ( KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Dick Mueller, Vince O'Reilly, Ed Ambarian, Ray Measles, Betty Glick, Ron Malston, Jess Hall Absent: None Mayor O'Reilly noted two items of good news. Dow Chemical has invited Mayor O'Reilly and others to dinner Tuesday (June 17, 1980) to look at natural gas out of Prudhoe. Tesoro would like to meet with Mayor Gilman and Mayor O'Reilly Sunday (June 15, 1080). AGENDA APPROVAL Mayor O'Reilly noted that at the request of Councilwoman Glick, there would be a reconsideration of Ordinance 573-80. Council- woman Glick explained they may or may not have to reconsider, ( based on the budget accepted. She would ask that it be inserted as B-2, so if it is necessary, it can be considered. There was no objection by the Council. Agenda was approved as changed. Mayor O'Reilly noted the Administration has asked for guidance regarding the auction to be held by Sally's Auction of the airport ffiil shop *The proeeedeof-the-rentals ase_Aeductedz the -balance -gees. -to-ihe•ieeeee:- Councilman Ambarian asked if the Mayor was con- ducting a poll. Mayor O'Reilly explained he was just asking for guidance. The Council had no objection to the auction. B. PUBLIC HEARINGS B-1 Ordinance 577-80 - Adopting Annual Budget for FY 1980-81 Mayor O'Reilly asked if the Council had any thoughts on how to handle the public input. Councilman Ambarian said he thought it should be handled as a regular ordinance. l� There was no public comment. t f L L? E�. 3 _ a XJ v ✓v� oiv�_ �. g Q � �_ ¢ 0. r.s` W 'A Yw.Q n V i KENAI CITY COUNCIL, SPECIAL. MFETINQ JUNE 12, 1980 (� Page 2 MOTION: Councilman Ambarian moved, seconded by Councilwoman thick, to adopt Ordinance 577-80. MOTION, Amendment 01: n { Counaiglun Malston requested the museum, repair & maintenance, ! $150O -serviees-ibtut-for six months during the busy time of the year for personnel, the other six months it should not be funded. Also, if a security fence could be built, the museum could be closed in the winter. Motion passed unanimously by roll call vote. MOTION, Amendment: Councilman Ambarian moved to amend the ordinance to change the following positions: �^ Legal Secretary 8 Public Works Secy. 8 Animal Contr. Officer Fire Marshall 17 Dispatcher 8 Equip. Oper. i 12 Equip. Oper. n 13 Parks & Rea. Dir. 17 Motion failed for lack of a second. J 1 MOTION, Amendment #2: j Councilwoman (click moved, seconded by Councilman Measles, to amend the budget to increase the general fund appropriations ' (anticipated revenues) by $129,000. - Councilwoman Glick said in order to consider another decrease -- — by one mill, we will have to increase general hind budget by one mill & reconsider Ordinance 573-80 to rededicate interest income not being deducted to reserve interest fund. The main purpose is to facilitate the one mill decrease to 9.9. Finance Director Brown said it we increase contingency from fund balance by $129,000 we do. not have to reconsider Ordinance 573-80. If we rededicate j interest ome, that would remain the some and it's in expenditures. may; S e� Ke i- Q '�.t.Nr� `t'v Qir go b�'4'��p.• a�1�1�1�1117111131N14 y III M' -s-- � - . __- _ _ _ _ _ - ..__ 0 KENAI CITY COUNCIL, SPECIAL MEETING JUNE 12, 1980 L -. Page 3 Councilwoman Glick asked 11.4r. Brown, we would still be legal all the way around? Mr. Brown replied yes. Councilwoman Olick said she wanted to take money from the projected fund balance. Mr. Brown explained Page 104 of the budget is what she wanted to change. After a short recess, Councilwoman Glick amended her amendment. I; , MOTION, Amendment #2, Amended: Councilwoman (click moved, seconded by Councilman Measles, to change her motion to read: Decrease the capital improvement reserve on page 104, currently $240,000 by $129,000. That would let the balance be $$111,000. On page 3, decrease taxes by adding or decreasing $129,000. Then real current taxes, $1,054,804, down to $968,033. Real, prior - $45.368 to $41,206. Personnel, current - $193,166 down to $175,444. Oil, current - from $112,854 to $102,500; so that you j have offsetting of the reduction and capital improvement reserves. This would facilitate a reduction in the mill levy. Mayor O'Reilly asked, he gathers that interest earned of $240,000� Instead of the entire $240,000 going into capital improvement, you're going to put how much into capital improvements? Councilwoman Glick replied yes, leave a balance of $111,000. Mayor O'Reilly asked Mr. Brown for the amount of reduction. Mr. Brown replied one mill. Vice Mayor Glick took the chair. MOTION, Amendment 03: } i Mayor O'Reilly moved, seconded by Councilman Ambarian, for an amendment to transfer an additional $111,000 from interest earned ' in the same manner. 1 1 Mayor O'Reilly explained, having struggled with the budget, he would like to offer this line of thinking: He can't agree with the }� budget at this time. He agrees with Councilwoman Glick using f; interest earned as mill reduction, except he'd use the entire $245,000 as interest earned. When the municipal assistance fund jj passed, the legislature included a letter of intent. One-third of i the funds would go to mill reduction ($48, 000) , add interest earned ($240,000), and the net of sales tax after add-ons made during budget and personnel increases. That would be as follows: f �_j KENAI CITY COUNCIL, SPECIAL MEETING JUNE 12, 1980 Page 4 Sales Tax $382, 000 (revenues) Add -Ott $178,000 (revenues) Conting. 50,000 (for purpose of range changes) Total $228,000 Minimum Personnel Adjustments: 2 Fire Dept. $75,000 1 Publ. Wks. 37,000 Total $112,000 The total in three major categories: 1/3 municipal assistance $48,000 Net sales tax 42,000 All interest earned 240,000 Available for mill reduction $330,000 Since the Council feels the money should be available for capital Improvement reserve, he suggests: 2/3 municipal assistance $97,000 State revenue sharing 141,000 putting $236,000 into reserve for capital improvements. The tie- ins is that the taxes would be tied into operating expenses, the mill rate will be net of such taxes less operating expenses, 1/3 of municipal assistance fund and interest earned. The variable items that would go into the capital reserve fund would be the 2/3 of the municipal assistance fund and the variable State rev- enue sharing level. He said he spoke as persuasively as he could referring to the personnel adjustments. He thinks, in trying to arrive at a balanced decision, we should accept the responsibility a"E' the City's first and principle reason for being to protection of its citizens. He doesn't think we can offer a mill reduction without offering the citizens proper firgproteadon and Public Works add- itional personnel, necessary you see during the winter snow plowing and Break -Up. This budget will: a. Meet the needs of the City b. Provide the necessary range changes c. Provide adequate mill relief d . Develop additional capital reserves Councilman Ambarian asked what would be the final mill rate. L r� KENAI CITY COUNCIL, SPECIAL MEETING JUNE 12, 1980 ( Page 5 Finance Director Brown asked for a short recess to compute the figures. After a short recess, Mayor O'Reilly said nor. Brown had pointed out to him the intent of his motion can be made in a simpler way. MOTION, Amendment ii3: Mayor O'Reilly moved, seconded by Councilman Ambarian, to add i $111,000 from intert.st income and not place it in capital improvement reserves and there would be net additions of $109,000 to cover personnel changes. Mayor O'Reilly explained, this would allow the same mill rate reduction (2.6 mills) and would not allow for City capital im- provement reserve. He pointed out the basis of revenue sharing if the Governor signs the legislation - approximately $300 , 000 to the City. It is his intent to use that for a beginning base for cap- ital improvement reserve. The thought behind this is to tie our tax revenue to our operating expenses and to tie unascertainable sources of revenue such as municipal assistance fund, State revenue shar- ing to capital improvement reserve. This is in equity to the citizens of Kenai in that we're not taxing them over and above operating exp- enses for capital improvements that would be solely at the discretion of the Council but would not have to meet with voter approval of the citizens. We would accomplish a 2.6 mill rate reduction, add- itional of personnel changes, and the beginning of capital improve- ment reserve, $50,000 from State revenue sharing. Councilman Ambarian asked Mayor O'Reilly to explain the $50,000 salary con- tingency. Mayor O'Reilly said using the net figure, he doesn't know if that would allow for continency reserve for range adjust- ment, other than what's presently in the budget. Finance Director ? Brown said the amendment as is does not allow - all of the $111,000 would be used up by these positions. He pointed out there is a contingency already of $83, 000 which is $24, 000 larger than his- tory shows we need. Mayor O'Reilly resumed the chair (. be ` -------- I Grow Councilman Mueller asked, Sc�d1he intere*W;1u& - rather than independent source of income - to add personnel? �f Vice -Mayor Glick took the chair. ! Mayor O'Reilly asked, can we - as a Council - continue to accrue 0 L-_- - L - - - - - - -- — -- - — --- C KENAI CITY COUNCIL, SPECIAL MEETING JU14E 12, 1980 Page 6 interest income and put it into capital reserve. Councilman Mueller said it goes back to them as capital projects in due time. All projects benefit all the citizens. Mayor n'Reilly said what the Council had to do when they enacted the additional sales tax was the only way to develop funds. We are now in a different position. We will apparently now be in the position of front end costs, our bonds are salable. Rather than take money accumulated by its citizens and held by the City and put it into capital improvement reserve, the Council has the right to decide how the funds are used. It is not our position to act as a form of bank. Mayor O'Reilly resumed the chair. VOTE, Amendment #3: Motion failed, with Councilmen Mueller, Measles, Malston, Hall, and Councilwoman Glick voting no; Councilman Ambarian and Mayor O'Reilly voting yes. _ MOTION, Amendment #4: Councilman Ambarian moved, seconded by Councilwoman Glick, on page 103, to add a new code 9101 and calling it Salary Study Contingency in the amount of $23, 964 and reducing 8099 to $30,000. Councilman Ambarian explained the purpose is to show the employees the Council is serious about the salary review. If changes are made, it will be retroactive to July 1. Councilman Mueller asked wasn't this our intent at the work session? Councilman Ambarian replied his only purpose is in case we have a new Council when the study to adopted, that personnel will know. VOTE, Amendment #4: Motion passed unanimously by roll call vote. Mayor O'Reilly said on page 45, the Harbor Commission will come to Council with a grant application for funding. There will be changes but the total will not change. VOTE, Amendment as Amended: Motion passed, with Mayor O'Reilly voting no. { KENAI CITY COUNCIL, SPECIAL MEETING JUNE 12, 1980 Page 7 VOTE, Main Motion as Amended: Motion passed, with Mayor O'Reilly voting no. B-2 Ordinance 573-80, Reconsideration. MOTION, Reconsideration: Councilwoman Glick moved, seconded by Councilman Malston, for reconsideration of Ordinance 573-80. Motion passed unanimously by roll call vote. MOTION, Amendment: Councilwoman Glick moved, seconded by Councilman Mueller, to amend Ordinance 573-80 as follows: In Title, 4th sentence down after Capital Improvements, she would add, "and to general fund operations" and then between the 3rd and 4th WHEREAS, she would insert another WHEREAS which would be, WHEREAS, it would be necessary to dedicate the next $129,000 interest revenue to general fund operations, and ". So it carries down to the next VIREREAS. Then on page 2, under Section 730.015, Interest Revenue. in the 6th sentence down after, "Requirements", there should be another sentence which would be, "The next $129,000 interest revenue be dedicated to general fund operations." Then continue with the sentence as it is, "Interest revenue remaining the above dedication requirement", add an "s" after "requirement", change remaining) "is" to "are." VOTE, Amendment: Motion passed, with Mayor O'Reilly voting no. VOTE. Main Motion: Motion passed, with Mayor O'Reilly voting no. B-3 Ordinance 580-80 - Setting Tax Levy for FY 1980-81 (Proposed Substitute) MOTION: L Councilwoman Glick moved, seconded by Councilman Measles, to adopt the substitute Ordinance 580-80, amending the mill i TA MRP'- -7 :! R KENAI CITY COUNCIL, SPECIAL MEETING (� JUNE 12, 1980 r Page 8 levy to 9.9 from 10.0 and declaring an emergency. Mayor O'Reilly said we have all expressed our opinion, he will put a "yes" on the budget to simplify his concurrence with the j Council majority opinion. S There was no public comment. ' VOTE, With amendments: Motion passed unanimously by roll call vote. i B-3 Ordinance 580-80, 2nd Reading 4 VOTE, 2nd reading: Motion passed unanimously by roll call vote. Mayor O'Reilly noted there would be a meeting in Washington D.C. re- ` _ garding Wetlands. Senator Gravel has asked for representation. (J The Mayor has suggested Councilwoman Glick. He felt it would be beneficial to the City and responsive to Senator Gravel. i i ADJOURNMENT: r 1 Meeting adjourned at S. 30 PM. ' I Whelan, City Clerk ILA 1. a of 1 AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 18, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 576-80 - Amending Ordinance 537-79, Nerit System 2. Ordinance 578-80 - Increasing revenues for EPA Sewage Project - $25,000 3. Ordinance 579-80 - Amend Title 4, Uniform Building Code C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Attorney Rick Baldwin - Ray Cason lease, renegotiated 1978 2. Chris Stoehner - Lease renewal 3. Gerald Wasson - lease renewal 4. Van Swan - Rehearing of termination D. MINUTES 1. Minutes of regular meeting of June 4, 1980 2. Verbatim portion of minutes from regular meeting of June 4, 1980 E. CORRESPONDENCE F. OLD BUSINESS d 1. Oilers improvement proposal - Bill Brighton K G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 581-80 - Amending Title 23, Personnel regulations to provide for title and pay range changes for certain correctional officers 4. Resolution 80-98 - Transfer of funds - Legal Department - City vs. Clarion suit - $900 5. Resolution 80-99 - Transfer of funds - Fire Department - tuition and registration for fire hydraulics and hazardous materials classes - $350 6. Resolution 80-100 - Transfer of funds - Jail - supplies for repair of jail equipment - $100 i� 7. Resolution 80-101 - Transfer of funds - Legal Department - Electric copyholder a pocket recorder - $385 8. Resolution 80-102 - Award of bid - 1980 3/4 ton 4 x 4 pAck up - $8,201 9. Resolution 0-103 - Award of bid - Vibrating roller/trailer - $9,388.50 It G. 10. Resolution 80-104 - Award of bid - wood chipper - $4,698.00 11. Resolution 80-105 - Transfer of funds - Harbor Commission - Administration coordinator to attend Pacific NW Waterways Association - $630 12. Resolution 80-107 - Transfer of funds - Senior citizens - machinery & kitchen supply - $3,287 13. Resolution 80-108 - Award of contract - backstops and fencing for softball fields to Saltz General Contracting 14. Resolution 80-109 - Award of contract - Animal Control fencing to Peninsula Fencing 15. Resolution 80-110 - Concerning Kenai Peninsula Borough Ordinance 80-33 pertaining to City of Kenai giving up its port and harbor powers 16. Resolution 80-111 - Award of bid - janitorial services 17. Lease of airport land - Edward M. Brown 18. Lease of airport land - Avis Rent a Car, Inc. 19. Lease of airport land - Kenai Air 20. Lease of building and grounds - Kenai Historical Society, Inc. 21. Amendment to lease - Gate 54 22. Amendment to lease - Ron's Rent -All 23. Amendment to lease - Macheras to Crabaugh 24. Amendment to lease - Associated Divers & Contractors to Beluga Development Corporation► Lot 131 Block 1 25. Amendment to lease - Associated Divers & Contractors to Beluga Development Corporation, Lot 5, Block 1 26. Amendment to lease - Associated Divers & Contractors to Beluga Development Corporation, Lot 6, Block 1 27. Special use permit - Katmai Motel 29. Special use permit - Kenai Air Alaska 29. Special use permit - DeVito Guide Service 30. Special use permit - Dragnet Fisheries 31. Special use permit - City Cab Company 32. Special use permit - Aero Union Corporation 33. Wince, Corthell, Bryson, Freas - Municipal Airport - $21,324.65 34. Wince, Corthell, Bryson, Freas - Harbor study - 010,300 35. Carmen Gintoli, architect - City Hall - $900 36. Borgen & Sons Excavating - gravel delivered to airport - $22,428.00 37. Borgen & Sons Excavating - animal control road - $4,450 38. Letter to Governor Hammond from Mayor O'Reilly 39. Setting salaries for Attorney, Clerk, and City Manager 40. Request for testimony on wetlands by Senator Gravel 41. ADAP funds application - extend taxiway C 42. ADAP funds application - complete security fencing FBO area NIKON. . r G. 43. ADAP funds application - rehabilitate security fencing - north end of airport 44. ADAP funds application - request new crash fire rescue truck H. REPORTS 1. City Manager ...- . - 2. City Attorney ' 3. Mayor 4. Clerk S. Finance Director 6. Planning & Zoning 7, Borough Assembly S. Harbor Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT Iy , u -� A I KENAI CITY COUNCIL. - REGULAR MEETING, MINUTES JUNE 18, 1980 - 7: 00 PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING , PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Ed Ambarian, Ray measles, Betty Glick, Ron Malston, Jess hall, Dick Mueller Absent: None AGENDA APPROVAL Mayor O'Reilly asked to delete C-2, Chris Stoehner, at their request. Mayor O'Reilly also asked to have C-4 added, Delores Mitchell - Carr's Parking Lot. Council agreed by voice vote. Councilman Ambarian asked if 0-17 through 0-32 could be voted as one group, as they all related to leases and special use permits. Action was deterred until that time. B. PUBLIC HEARINGS B-1 Ordinance 570-80 - Amending Ordinance 537-79, Merit System MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the ordinance. There was no public comment. Councilman Ambarian noted this is relating to the problem we had with the personnel ordinance in the past. He still does not agree with the attorney's understanding of the ordinance. The intent was not there, we were going to have a personnel board. He will vote against it. Atty. Delahay explained when the personnel code was passed, there were many sections that were repealed. 1.60.040 had nothing to do with the personnel board. Motion passed unanimously by roll call vote. B-2 Ordinance 578-80 - Increasing revenues for EPA Sewage Project - $25,000 KENAI CITY COUNCIL JUNE 18, 1080 Page 2 MOTION: Councilwoman (click moved, seconded by Councilman Plalston, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-3 Ordinance 579-80 - Amend Title 4, ilniform Building Code MOTION: Councilman Malston moved, seconded by Councilman ?lassies, to approve the ordinance. There was no public comment. I Motion passed unanimously by roll call vote. C . PERSONS PRESENT SCHEDULED TO BE HEARD C-i Attorney Rick Baldwin - Ray Cason Lease, renegotiated 1076. Atty. Baldwin spoke, he was representing Ray Cason. Mr. Cason has had the lease since 1977. This lease has been the subject of contention since 1978. It is 5.85 cents per square foot now, the lease was 1.45 cents per square foot. The City made an increase as a result of an appraisal. He would like to question the validity E of that appraisal. 1. It was set up as a fee simple, that is not the case. The FAA has requirements. 2. The potential for income is limited by restrictions. The revenue is mainly from parking and taxiway (aircraft) . It has virtually no other use. The City should encourage fixed base operators, these charges make it difficult to stay in business. He has prepared a conservative analysis of what he can expect from the property. The assumptions are: his lot can handle 10 aircraft. Add $35 per month per aircraft, that to 100% occupancy. J He has a trailer on the property, that to $25 for parking, $10 for b _ KENAI CITY COUNCIL JUNE 18, 1980 ( Page 3 use of the trailer - this is within range of the other Aircraft businesses. Ile proposes $25 per month tie -downs, $10 - im- provements, $100 trailer rental with full occupancy. 75%oeeu- pancy rate with expenses, gives a net profit of $559 per year. At the new rate, he would have a loss of $1, 000, plus. The break-even lease rate is 2.8% at 75% occupancy. He has pro- posed a lease rate of 2 cents per square foot at 60% occupancy. He felt if the lease rates were too high, the City may end up with a tie -down business. Mayor O'Reilly said this matter is too complex to decide without the help of the committee. Any. Delahay replied he agreed, but he had some points. From the legal aspect, he agreed with Any. Baldwin regarding the fee simple. If Mr. Cason goes out of buss- '--ness, the City may not get another like -business. Another alter- native is that this does not have to be handled by July 1, 1980. Atty. Delahay said he will get a copy of the letter from Atty. Baldwin to all of the Council. Mayor O'Reilly asked Councilman Mueller to have a meeting of his Real Estate Committee to discuss this problem. �. Atty. Baldwin then spoke on the Katmai Hotel. They have requested a transfer of liquor license, and owe $26,000 in unpaid taxes. Their proposal is: The Katmai can come up with $12,000. In order to come up with the money, they will have to have a lease. The lease will be generating $5,000 per month. They will offer their entire pro - coeds to the Borough until the taxes are paid. That would allow the Katmai to open. Mayor O'Reilly asked Atty. Baldwin it he had talked to the Borough. Atty. Baldwin replied he had talked to the Borough Attorney. Councilwoman Click asked if this was the balance owing on the $45,000 due at the beginning of the year. Any. Baldwin replied yes. Councilwoman (flick asked if they were in default. Atty. Baldwin said he understood the Borough has a judg- ment. Mayor O'Reilly asked if the Borough is willing to go along with the arrangement. Atty. Baldwin replied it was not definite, • �; just tentative. Councilman Ambarian asked Atty. Delahay for his opinion. Atty. Delahay replied he would rather have money in hand than a good law suit. He would advise the Borough be contacted ------ f and let them know the City has no objection. MOTION: Councilman Malston moved, seconded by Councilman Mueller, that the Borough Attorney be contacted and if this arrangement is agreeable with the Borough, the City will go along with it. 1 KENAI CITY COUNCIL JUNE 18, 1980 Page 4 Motion passed unanimously by roll call vote. C-2 Gerald Wasson - Lease Renewal Gerald Wasson spoke. He has two leases with the City. He has just received an increase in rates, and would like a review of Lot 2, Block 4. This is a much greater increase than the other lot. MOTION: Councilman Ambarian moved to refer the matter to the Real Estate Committee. Council agreed unanimously by voice vote, with no second. The Clerk was directed to contact Mr. Wasson when the meeting is arranged. C-3 Van Swan - Rehearing of Termination Van Swan spoke. He would like to request a hearing before the Personnel Board. He said he was laid off last winter. He feels it was an unjust termination. At that time he was told there was no Personnel Board. He understands there is one now . He would like to have a hearing. He stated at the time he was terminated, he didn't think he should have been because they said he didn't have the best interests of the City in mind. For six years he had the best interests of the City in mind. Mayor O'Reilly asked the Clerk to give a report on the Personnel Board during the Clerk's report (H-4) . C-4 Delores Mitchell - Carr's Parking Lot Delores Mitchell spoke. She said she has been trying to get help from the City, regarding the illegal parking in the fire lane. The insurance company does not require a fire lane. It is up to the City. The Municipality of Anchorage (Police Dept.) enforces the fire lanes. Mayor O'Reilly asked if it works, she replied yes. Mayor O'Reilly asked once it becomes known they will be impounded, people do not park there? Me. Martin replied yes, they tried to enforce the law, but couldn't. Atty. Delahey said if this is not a public street, there is nothing in the Code to have us do this. He would suggest Carr s dedicate this lane to the City. He didn't know who put up the signs that are posted there. Ms. Martin replied Carr s did, at the City's T1 Y r KENAI CITY COUNCIL JUNE 18, 1980 Page 5 request. Mayor O'Reilly suggested an ordinance be developed for fire lanes to be supervised by the City at the request of the owner. Atty. Delahay replied you might have many other busi- nesses try it too. MOTION: Councilman Ambarian moved to turn this problem over to the Public Works Committee. Council agreed unanimously by voice vote, with no second. Councilwoman Glick said she didn't mind having a meeting, but she wondered if any other members had any suggestions. She then referred to the memo from City Hanager Brighton. Atty. Delahay said he disagreed with Mr. Brighton on the underlined areas. He said none of these matters relate to this matter. He further stated the Fire Code does not cover this. Mayor O'Reilly noted Anchorage handles this, so they must have an ordinance. Mayor O'Reilly directed Atty,. Delahay to check with Anchorage on their ordinance and bring it to the Public Works Committee, and then to Council. Me. Martin asked when will this be ready? Mayor O'Reilly replied at the July 2, logo meeting. D. MINUTES D-1 Minutes of Regular Meeting of June 4, 1980 Councilman Mueller noted on page 19, G-15, the total amount of the cost of the work processing equipment had been omitted. Councilwoman Glick asked that page 1, Agenda Approval, line S, the sentence be changed to read: "He also asked if F-1, Day Care Center Motion for reconsideration." Councilwoman Glick then asked if page 4, line 13, could be ex- plained. Clerk Whelan said she was unable to hear this at the meeting, and the tape didn't pick it up either. Councilwoman Glick agreed to leave this as -is. Councilwoman Glick then asked on page 5, B-S, Motion, if the memo as mentioned in the motion could be added to the packet. Clerk Whelan said this was already done. Councilwoman Glick then asked it page 7, C-2, next -to -last line saying "for dredging," was what Chairman Peterkin had said. •• KENAI CITY COUNCIL JUNE 18, 1980 (r4l) Page 6 (dote: Tape was checked, this was his statement) . Council- woman Glick said to leave as -is if this was his statement. Councilwoman Glick then asked if page 16, line 3, be changed to read, "Councilwoman Glick said the public did not come in in the past to comment." Councilwoman Glick noted on page 17, 0-8, there was no action noted on the i notion in the minutes. Councilwoman Glick asked that page 20, 2nd paragraph, be changed to read, "With concurrence of second, Councilwoman Glick agreed - " Ste. Councilwoman Glick noted on page 20, 0-17, there was no action noted on the motion in the minutes. Councilwoman Glick noted on page 26, H-4, there was no action noted on the telephone poll in the minutes. Councilman Ambarian stated he had moved to ratify the telephone poll. Minutes were approved as changed or corrected. D-2 Verbatim portion of minutes of regular meeting of June 4, 1980 Mayor O'Reilly asked what was the reason for this. Councilwoman Glick said she thought it was regarding the Harbor Service Area, but noted it was not. Alayor O'Reilly said he would hold till later. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Oilers Improvement Proposal - Bill Brighton City Manager Brighton was not present. Finance Director Brown spoke. He explained the lease began in 1970. An improvement plan was mentioned, but it is not in the file. He further explained Max Swearingen had said the proposal was brought to Council, but not voted on. It was held because of possible BOR grant. There has been no accounting made. It is a $1200 lease, with $600 in -kind services. '1 -. ICENAI CITY COUNCIL JUNE 18, 1980 Page 7 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to reconsider the Oiler lease. Councilman Malston abstained. Mayor O'Reilly said he was able to vote, because he was connected with the League, not with the Oilers. Motion passed, with Councilman Malston abstaining. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to renegotiate the lease and change it to $1.00 per year, and do away with the in -kind services. Further, in the event the Oiler program will stop, all property becomes the property of the City in lieu of payment. Councilwoman Glick asked Councilman Measles if he wished to Ctake action on water and sewer. They are being, charged for water and sewer. Would they receive an adjustment if it reverted to the City? Councilman Measles replied yes, it should be. He doesn't feel the assessments should be made to the lease holder. Mayor O'Reilly asked do we know how much the Oilers have paid Mr. Brown replied they haven't made payments in recent years, how far back he didn't know. Councilman Ambarian said he felt the motion was a "kick in the pants" to previous Councils. We are leasing land owned by the taxpayers. We gave them a chance for In -kind payments. We might as well renegotiate all leases. Council- man Measles said we have other leases.with non-profit organizations. Councilman Ambarian replied the other organizations do not charge admission. Councilwoman Glick said neither the City nor the Oilers have lived up to the lease. Have we given credit for in -kind? Mr. Brown replied we have given full credit without evidence: $600 each year, since the end of the 1975-76 year through 1980, almost five years. Councilman Mueller said he would like a report on the financial status of the lease and assessments before a decision is made. Mr. Brown replied he has none. They have paid $600 per year in cash, and received $600 credit for in -kind service. If you want a report of the in -kind work, there to none available. He further stated no assessments have been paid, at least not in recent years. Atty. Delahay noted the assessments must be paid by the lessee. He said he has also had trouble with the insurance. 10� KENAI CITY COUNCIL. JUNE 18, 1980 Page 8 Ile has received a certificate, it does not fulfill the requirements. As to rental, that is up to City policy. Councilman Hall said he sees no objection to it as a recreational asset to the City, at $1.00 per year. MOTION, Amendment: With concurrence of second, Councilman Measles moved to add to the original motion to do away with the assessments. Councilwoman Glick asked if he still wished to have the insurance enforced? Councilman Measles replied yes. We will specify any improvements made will become the property of the City of Kenai. Mayor O'Reilly asked if the present lease would be in existence until the new one is prepared. Atty. Delahay replied we have a lease in existence, it was just up for five year review. Councilman Ambgpian asked where will the money from the assessments come from'`` Mr. Brown replied, the general fund, but it has not been appropriated. Councilman Ambarian said it should come out of the water & sewer. It is unfair to tax the taxpayers that do not C. have water & sewer for those assessments. VOTE, Amendments: Councilman Ambarian requested two votes, for a division of the question. 1. $1.00 per year lease, in -kind payments & improvements 2. Assessments only Motion passed, with Councilmen Measles, Hall, Councilwoman Glick and Mayor O'Reilly voting yes; Councilmen Ambarian, Mueller voting no; Councilman Malston abstaining. Councilman Ambarian, regarding the assessments: So far they have met the terms of the lease for land payment. He thought if we're going to consider $1.00 per year lease payment, they should live up to the rest of the terms of the lease as for as assessments are concerned. Councilwoman Glick asked should we take into con- sideration all 40 acres of park land, the Oilers have 10 acres. Will the Oilers pick up the additional 30 acres when it is utilized by the City? The whole area is park land. Councilman Hail noted it should be considered, but how do you consider when there's nothing to consider? The question is what are they assessed on - 10 acres or 40 acres? Atty. Delahay suggested a delay until the next meeting, L _1 --9w_--- KENAI CITY COUNCIL, JUNE 18, 1980 Page 9 to check on the facts. VOTE, Amendment: Motion failed, with Councilman Measles, Councilwoman Glick, Mayor O'Reilly voting yes; Councilmen Ambarian, Hall, Allueller voting no; Councilman Malston abstaining. May-3r O'Reilly directed Atty. Aelahay to direct a new lease. G. NEW BUSINESS 0-1 Bills to be Paid, Bills to be Ratified MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the bills. Motion passed unanimously by roil call vote. 0-2 Requisitions Exceeding $1,000 MOTION: Councilwoman Glick moved, seconded by Councilmen Measles, to approve the requisitions as submitted. Piannee Director Brown requested an addition to the requisitions to Alaska Industrial Hardware for a pipe threader, for $1,732. Councilwoman Glick and Councilman Measles agreed to the addition to the motion. Motion, as amended, passed unanimously by roll call vote. 0-3 Ordinance 591-80 - Amending Title 23, Personnel Regulations to Provide for Title and Pay %8n9e Changes for Certain Correctional Officers Councilwoman Glick said since we are considering a study, should we table this until the study is done. MOTION: KENAI CITY COUNCIL, JUNE 16, 1900 Page 10 Councilwoman Glick moved, seconded by Councilman Pleasles, to table the ordinance until after the study. Motion passed unanimously by roll call vote. 0-4 Resolution 80-09 - Transfer of Funds, Legal Dept. - City vs Clarion Suit - $000 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-5 Resolution 80-09 - Transfer of Funds, Fire Dept. - Tuition and Registration for Fire Hydraulics & Hazardous Materials Classes - $350 MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. a-8 Resolution 00-100 - Transfer of Funds, Jail - Supplies for Repair of Jail Equipment - $100 MOTION: Councilwoman Glick moved,seconded by Councilman Malston, to approve the resolution. There was no public comment. Motion passed unanimously by roll tail vote. 0-7 Resolution 80-101- Transfer of Funds, t,eo Dept. - Electric Copy - holder a Pocket Recorder - $385 KENAI CITY COUNCIL JUNE 18, 1980 C Page U MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-8 Resolution 80-102 - Award of Did, 1980 3/4 Ton 4x4 Pick -Up - $6,201 MOTION: Councilman Mueller moved. seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roil call vote. 0-9 Resolution 80-103 - Award of Bid, Vibrating Boller/Trailer - $9,388.50 MOTION: Councilman Measles moved, seconded by Councilman Mueller, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. 0-10 Resolution 80-104 - Award of Bid, Wood Chipper - $4,690. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Councilman Mueller asked what depai-tutent this is used for? Public Works Director Kornelis explained it was for Parks & Recreation . Councilman Mueller asked if it was for decorative use. Mr. Korrrelis �. replied yes. Motion passed unanimously by roll call vote. i i J KENAI CITY COUNCIL JUNE 18, 1980 j Page 12 I G-11 Resolution 80-108 - Transfer of Funds, Harbor Commission - Administrative Coordinator to Attend Pacific NW Waterways Association - $630 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the resolution. There was no public comment . Motion passed unanimously by roll call vote. 0-12 Resolution 80-107 - Transfer of Funds, Senior Citizens - Machinery & Kitchen Supply - $3, 287 MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-13 Resolution 80-108 - Award of Contract - Backstops & Fencing for = Softball Fields to Saltz General Contracting MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-14 Resolution 80-109 - Award of Contract - Animal Control Fencing - to Peninsula Fencing MOTION: Councilman Mueller moved,secon4ed by Councilman Measles, << to approve the resolution. f i KENAI CITY COUNCIL JUNE 18, 1980 Page 13 There was no public comment. Motion passed unanimously by roll call vote. 0-15 Resolution 80-110 - Concerning Kenai Peninsula Borough Ordinance 80-33 Pertaining to City of Kenai Giving up its Port & Harbor Powers MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. Public Comment: Ruby Coyle spoke. She asked if the City was giving up or keeping their port & harbor powers. Mayor O'Reilly replied no, we are not giving them up. Motion passed unanimously by roll call vote. G-16 Resolution 80-111- Award of Bid, Janitorial Services MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to approve the resolution. Public Comment: Tom Harvey, of Servicemaster spoke. He said he has been clean- ing the library and police station for two years, the airport one year. He felt they had done a good job. Many times they had done more than what is required. Although they are the high bid, they have only increased it by 8%. When they took the airport over, they had to do an enormous amount of work. The building is old, difficult to keep up. They have taken care of the lawn. Councilman Ambarian said for the last few years, the City has always had trouble, it has been a constant problem. We have had good service this past year. The difference is not large enough to change from Servicemaster. Councilman Malston asked Finance Director Brown to review the budget. After review by Mr. Brown, Councilman Malston asked if the City is providing the paper products. Mr. Brown replied yes. Councilman Malston asked if the bids came in that way. Mr. Brown replied yes, they should have. KENAI CITY COUNCIL JUNE 18, 1980 Patro 14 MOTION: Councilman Ambarian moved, seconded by Councilman Hall, that the janitorial contract be awarded to Servicemaster for the library, police and terminal. Fred Parnell. of Beaver Janitorial, spoke. He said they had the contract before Servicemaster. It was very bad when they took it. They did extra work when they had the contract. The bid is with- out the paper products. Councilwoman Glick said she finds it interesting if we recommend by times a contractor that has medium to high bid, we can use justi- fication to take a lower bid. Then we get a lower bid, we use justi- fication to take a higher bid. She thought that was the method used last year. If we're going to continue this kind of activity, why do we go to bid? She thought the other people bid in good faith, we should give them a chance. Councilman Mueller asked H there was anything in the contract to enforce N the work was not up to standard? Councilman Ambarian noted every year we have to discuss this. Last year the service was good. He is basing his decision on this. VOTE, Amendment: Motion failed. with Councilmen Ambarian, Malston, Hall voting yes, Mayor O'Reilly. Councilwoman Glick, Councilmen Pleasles, Mueller voting no. VOTE, Main Motion; Motion passed, with Councilmen Measles, Mueller, Councilwoman Glick, Mayor O'Reilly voting yes, Councilmen Ambarian, Malston Hall voting no. 0-17 through 0-32: Leases, Amendments to Leases, Special Use Permits. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for approval of leases G-17 through 0-25, Amendments 0-21 through G-20, Special Use Permits 0-27 through G-32. Mayor O'Reilly asked Atty. Delahay if this was acceptable. Atty. Delahay replied he had looked at all of them, it is acceptable. IVA __ P1 KENAI CITY COUNCIL JUNE 18, 1980 Page 15 Councilwoman Glick asked Atty. Delahay, is the Kenai historical Society lease based on instructions from the last Council meeting. Atty. Delahay replied yes. Councilman Mueller noted on the map, Kenai r Air location is listed as space 17, on the lease, it is listed as I space 18-A. Airport Manager Swaney said 17 is correct, Wien has 18-A. Mr. Swaney further noted Aero Union is replacement for Evans. Aviation. He said a situation coming up is, Ball Brothers wanted a lease, but have not returned the signed lease. Aero Union wants more space, and one other operator wants space. Mayor O'Reilly asked, you're not going to be put into the posture of hold- ing space that is empty? Is that your concern? Mr. Swaney replied his concern is now that the paperwork process be done to allow Aero Union to expand its area and Pacific International have space to operate. Both will be in the gravel pad. Ball Brothers will also be on the gravel pad. Councilman Malston asked Mr. Swaney If he had called Ball Brothers by phone. Mr. Swaney replied sev- eral times. He talked to them and they said they would call back. VOTE: Motion passed unanimously by roll call vote. i t_ f� 0-33 Wince, Corthell, Bryson, Freas - Municipal Airport - $21,323.65 MOTION: { f Councilwoman Glick moved, seconded by Councilman w4slston, to approve the billing. i I Councilman Mueller noted that the billing states, "Subject to Approval." Is this done? Finance Director Brown said no, they will not issue the check until the documents are received. Motion passed unanimously by roll call vote. 0-34 Wince, Corthen, Bryson, Freas - Harbor Study - $10,300 MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Mayor O'Reilly asked if this was the one with the $300 in dispute. i Finance Director Brown replied the resolution was pulled back, relating to this. He is not sure of the details. i i KENAI CITY COUNCIL JUNE 18, 1980 ti y Page 16 Craig Freas, of Wince, Corthell, Bryson & Freas, spoke. He said their original cost was by the hour to $10,000. They were to furnish 25 extra copies. The Harbor Commission asked them to furnish ad.di- tional copies, verbally. If the Harbor Commission does not want them, they can return them. Councilman Alalston asked if we could pay the $10,000 now and the $300 on next year's budget. Mr. Brown replied if we pay, we should pay now. We would be over the budget $300. Motion passed unanimously by roll call vote. j 0-35 Carmen Gintoli, Architect - City Hall - $900 MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the billing. Motion passed unanimously by roll call vote. G-36 Borgen & Sons Excavating - Gravel Delivered to Airport - $22,428. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to i approve the billing. Motion passed unanimously by roll call vote. 0-37 Borgen a Sons Excavating - Animal Control Road - $4,450. i MOTION: i i Councilman Pleasles moved, seconded by Councilwoman Glick, to approve the billing. Mayor O'Reilly asked if this had been approved by Finance. Public Works Director Kornelis replied yes, it is a change order. Motion passed unanimously by roll call vote. G-38 Letter to Governor Hammond from Mayor O'ReiUy. i F The Council approved the letter unanimously by voice vote. Mayor O'Reilly asked the Clerk to have it ready for signing tomorrow. (6-19-80) 'iJ I ,1 — _ NI 0 ( IS KENAI CITY COUNCIL JUNE 18, 1980 Page 1? G-39 Setting Salaries for Attorney, Clerk, a City Manager. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the salaries. Motion passed unanimously by roll call vote. 0-40 Request for Testimony on Wetlands by Senator Gravel. Mayor O'Reilly said Senator Gravel is setting up hearings regarding the Wetlands. Considering the number of area involved, he recommended Councilwoman Glick to go to Washington, D.C. He has received verbal agreement by Borough Mayor Gilman that 1/ 2 of the costs will be covered by the Borough. MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the action. Councilwoman Glick said she wished to abstain from the vote, on advice of the Attorney. Mayor O'Reilly disagreed. Atty. Delahay concurred that the Chairman can make a decision. Mayor O'Reilly stated he would have Councilwoman Glick vote. Motion passed unanimously by roll call vote. G-41,42,43,44: AD" Funds Applications - Airport. Airport Manager Swalley spoke. Regarding the new crash truck, they need a larger truck for fish flights. Mayor O'Reilly asked H there was any priority setting on the applications. Mr. Swalley replied yes. Councilwoman Glick asked Mr. Swalley, we had four applications last year for improvements to the airport: 1. Electric Generator 2. Warm Storage Building 3. Snow Blower 4. Ramp Extension Project. She said the electric generator we did gets and the warm storage building has verbal approval. Where do the ramp and snow blower sit at this time? Mr. Swalley replied they are still in Anchorage r - KENAI CITY COUNCIL JUNE 18, 1980 t Page 18 under consideration. Councilwoman Glick said, these would still be 4 and #2, would the others be under those? Mr. Swalley said we can set priorities or they can, they will do it anyway. Council- man Malston said we should alert them anyway. Mr. Swalley said the FAA has suggested they all be under one application. Public Works Director said regarding extension of Taxiway C. His crews now are the same as the last six years. We are enlarging the streets with the same crews. He would like to set priority on street paving. Mayor O'Reilly agreed. Councilwoman Glick asked if we are getting a trade-in on the old truck? Fire Chief Winston replied he didn't know. It is 10 years old, it will have minimal trade-in value. Council- man Ambarian asked what about the float plane basin project? Mr. Swalley replied the only thing he has on that is: The funding involved. We still have about 40,000 cubic yards of material to be moved on that. Prior to his coming, there was an estimate of .$50, 000 to $60,000 to complete the project. MOTION: Councilman Malston moved, seconded by Councilman Measles, ( to submit the pre -application for these four items. Councilman Ambarian asked Fire Chief Winston what the manpower requirements will be for the new truck. Chief Winston replied one man, by FAA requirements. Mayor O'Reilly asked Councilman TMWston if he wished to set priorities. Councilman Malston noted the FAA will do that. Councilman Hall asked what the funding was. Mr. Kornelis replied 93.75%, ours will be 3.125%, the State's will be 3.125%. Motion passed unanimously by roll call vote Mayor O'Reilly asked Mr. Swalley about the warm storage building. Mr. Swalley replied Friday (6-13-80) he had received a can from Paul Larson, FAA, and he stated he was giving verbal approval for the warm storage building. A letter will be forthcoming. They told him to proceed with the application. He would like Council approval. If we can get it moving, we can be in it by this Fall. Councilman Malston noted we have already approved it. Mr. Swalley said regarding the electric project. The final specs are in. He wants permission from Council to proceed. Council agreed. �. Mr. Swalley noted, the gravel pad is done and under bid. $30,000 was allocated by Council, it came in under $24.000. - _ •_ — _ - _ __ sots-.o _..-J.. �.. _- .. .... ... .,..�. ..w-,_��..,..._...-. ...... .. _ _ _" __ _. ._� _ KENAI CITY COUNCIL JUNE 18, 1980 Page 19 H. REPORTS H-1 City Manager None H-2 City Attorney Atty. Delahay noted he will be taking some comp. time in Anchorage June 19, 1980. Atty. Delahay then noted he had made a mistake at a recent meeting on a motion to reconsider. He explained the correct procedure. H-3 Mayor Mayor O'Reilly discussed the meeting with Tesoro, Borough Mayor Don Gilman, Mayor O'Reilly and others, regarding the LNG site. Tesoro is asking for Council support in asking for a quick decision to be made. CDow Chemical also had a dinner with the same type of proposal given. They would like support also. Councilwoman Glick asked if this requires action. Mayor O'Reilly suggested asking for Commissioner Leresche's prompt action and decision. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, that the Council ask for Commissioner Leresche's prompt action and that his decision be one of the proposers (without specifying which one) . The Council's intention is that the decision be made promptly. H-4 Clerk Clerk Whelan noted the Council still has not submitted their suggested names for the Personnel Board. We still have just 10 names. Mayor O'Reilly asked if we could go with 10 instead of 12. Atty. Delahay replied we would have to change the ordinance. Mayor O'Reilly suggested the Clerk submit to Council the 10 that are eligible. Then the Council submit as soon as possible any others that may be able ( to serve. KENAI CITY COUNCIL JUNE 18, 1980 Page 20 H-5 Finance Director Finance Director Brown said he had received a letter from Clary Insurance. Agent Rich Emery, and also the City Administration recommend an increase in the umbrella policy. There was no objection from the Council. H-6 Planning & Zoning Councilwoman Glick discussed the Youth Center Site. Recreation Director McGillivray suggested lots in Fidalgo Subdivision. Planning & Zoning Committee agreed. MOTION: Councilman Malston moved, seconded by Councilman Measles, to approve the Planning & Zoning Committee recommendation . Councilman Ambarian said he would like to see a map. He feels it is prime property, and he wants to know if this is the best use. Councilwoman Glick described the location of the property. Council- man Ambarian withdrew his objection, after the explanation. Rec- reation Director McGillivray said it would be in close proximity to other areas and has availability of water & sewer. The area on the north end of the Elks has problems. The students wanted to be further from the police and City Hall. Councilman Ambarian asked if there was an appraisal of the land in the area. Mr. McGillivray replied no. Carmen Gintoli spoke. He said when he was involved in the schemat- ics all agreed the facilities should be in the same area. He suggests the center be located across the street from the Court House. It is prime leased land. Ruby Coyle spoke. She said she served on the Planning Commission. She agrees with Mr. Gintoli. The Commission wanted all the build- ings together. After what happened to the trailers donated by oil j companies and what happened to Sears School, she thinks the kids f should be close to the police. MOTION: y! ._ Councilman Measles moved, seconded by Councilman Mueller, to table this action until the next meeting. KENAI CITY COUNCIL JUNE 18, 1990 ( Page 21 Motion passed unanimously by roll call vote. Councilman Ambarian asked if there were any directions for Ad- ministration. Councilman Aleasles replied yes, he would like to have the plot plans. Councilman Mueller said those and alternates. Councilman Ambarian suggested also the land costs. Mayor O'Reilly asked that this all be in the next Council packet. Councilwoman Glick then noted the lease application in Ftdalgo Sub- division, with Ackerly and O'Connell. That was tabled. A lease was discussed by the Committee, near the Dairy -Queen. It was noted this encroaches into an area already applied for by the Rainier Fund, they have contacted Rainier Fund, the letters have not been answered. A lease renewal was received from Raven Transit. The Committee . recommended approval. Councilwoman Glick then noted her commission with the Borough expires June 30, 1980. If the Council wishes to renew her position with Planning & Zoning, they notice should be sent to the Borough. MOTION: ! Councilman Malston moved, seconded by Councilman Measles, k to extend Councilwoman (click's appointment to the Planning Commission. Motion passed, with Councilwoman Glick abstaining. Councilman Ambarian asked Atty. Delehay if there was a problem - with the legality of an appointment of an ex-officto member as their representative to the Planning Commission. --- .— Councilwoman Glick said any citizen of the City of Kenai can serve. --- Atty. Delahay said he will research the question. H-7 Borough Assembly Councilman Ambarian reviewed the Assembly meeting. r l R ! 1. Ordinance 80-36 - rezoning, approved f: t 4 i• i ' f Lit 0 KENAI CITY COUNCIL JUNE 18, 1980 Page 22 2. The job description for the administrative aid was discussed. 3. They started the process on how they'll allocate the funds needed. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Public Works Director Kornelis spoke. He said he received a letter from Alaska Statebank , he would like Council approval to reply, regarding Deepwood Park street maintenance. Council approved the reply. Carmen Gintoli, Architect, spoke. He said the State has put out bids for the Public Safety building in Soldotna. This is the building the Dept. of Revenue will be moving into instead of our building. If this is so, there are changes that he would like to make in the design. Councilman Malston noted he was in the Dept. of Revenue recently, and they were very busy. It seems unreasonable to ask the residents of North Kenai and Kenai to go to Soldotna. Alayor O'Reilly asked if the Council approved of his checking on the results of the Council objections. Councilman Malston suggested Mayor O'Reilly send letters to Rep- resentatives Malone, O'Connell, and Senator Tillion. Council agreed. Ruby Coyle spoke, regarding Council members sitting on Planning a Zoning and on the Council. They cannot vote on the same question In two different bodies. She would like to have the Attorney check on this. Councilman Malston said she is a representative of the City of Kenai on the Borough Planning and on the Council. He doesn't see any conflict. Don't we have the same problem with the Borough Assembly members? hire. Coyle replied we won't have this Pall. Mayor O'Reilly directed Atty. . Delahay to research this problem. Councilwoman Glick said we should make a definite decision on the site for the City Hall. Should we lease or purchase. Should we get an appraisal and buy rather than take a long lease? We did buy the library land. Councilman Ambarian said the library land was purchased with State funds. This was discussed at a recent meeting. Atty. Delahay said no matter what you do, you will need an appraisal, - and every five years we will need a reappraisal. KENAI CITY COUNCIL. JUNE 18, 1980 Page 23 Council agreed to an appraisal of the land. Clerk Whelan was asked to notify City Manager Brighton of the need for an appraisal. Councilman Hall asked about the salary evaluation problem. Mayor O'Reilly said City Manager Brighton is handling this. Airport Manager Swalley spoke regarding Special Use Permits. In the gravel area, Ball Brothers requests an area for four air- craft, and has not followed up. He has others interested. Councilman Malston suggested Mr. Swalley contact Ball Brothers tomorrow (8-19-80) and issue an ultimatum. Mr. Swalley replied he did that June 17, 1980. MOTION: Councilman Malston moved, seconded by Councilman Measles, to authorize Airport Manager Swalley to select any other lessee on the some terms as others in the area. Motion passed unanimously by roll call vote. Councilman Mueller noted the area at the end of Forest Drive on the beach, used for recreation purposes. Could we put a dumpster near the Sewer Treatment Plant area: Public Works Director Kornelis replied we have none available. We have one that is illegal. Council- man Malston asked if this could be modified. Mr. Kornelis said he will check. Ruby Coyle suggested the Park Service might do that. Councilman Ambarian asked if there was any other dumpsters acces- sible to the public. Mr. Kornelis replied he didn't know. Council- man Ambarian said he wondered about public liability. ADJOURNMENT Meeting adjourned at 10: 40 PM. Respectfully Submitted iw—whelan, City Clerk N t, r .;AY CA50N AC 90Ti29J•797.1 1 CASON'S CASING CREWS v \ JOX 1983 KENAI. ALAIKA 99611 June 24, 1980 Charles A. Brown Finance Director City of Kenai P.O. Box 580 Kenai, Alaska 99611 JAMES LITTLE Attention: Mr. Brown and Kenai City Council Mr. Brown; In response to our cinversation, I am writing this letter in regard to; Lot 2 Block 1 Gusty Subdivision I feel'it is very unrealistic to raise a lease 500% according to one menns appraisal, which as you know is one mans opinion. Everyone in Kenai and the state of Alaska is against the D-2 Land Bill. The D-2 Hill means the Federal Government is in control of a large part of Alaska. But on the other hand,.• the City of Kenai is in control of over 400 parcels of land. WHAT.IS THE DIFFERENCE? Many have wondered why the city of Soldotna has grown. In my opinion, the City of Kenai helped them grow by not cor- porating the city and it's businessmen. In my opinion the City of Kenai should work with it's Merchants instead of against them. I am deeply ashamed of the Kenai administration, the past and present bickering, and the failure of not merging together in building a productive city. Which has resulted in the loss of businesses and people in the city of Kenai. I personally never want to have anything to do with the City of Kenai because of this. I have built a very expensive permanent building with a completely paved parking lot, in the City of Kenai, much to me regret. I again protest the high raise of a lease increase. I IF •: A'A1ON AC '1071.'.•13.1974 JAMLS LITTLC l-'ASON' S CASING CREWS jUX 1007 J !:tZtJAl. ALASK A '30611 coat. If it was in my power to move this building and all my assets to Soldotna or the North Road, I would move immediately. But as you know the City of Kenai has me at it's mercy. It also states in the lease contract that the lease will be negotiated. As yet, I have negotiated with no one. In fact, T have been told by the City of Kenai what the lease would be. Much like Hitler did in Germany. I sincerely hope you will reconsider and notify me of a favorable reduction in proposed lease, in the near future. Sine ely, Ca s Casing Crews, Inc. Ray Cason, President I .i CITY OF KENAI Vd CaJUW4 4"" P• 0. OOX NO NiNAL AIA$XA NH I TRIP"aNs 283 • 7636 ' TO: Council Jung 25. 1980 FROM: Janet Whelan City Clerk i Listed below are those individuals willing to serve on the Pprsonnel Arbitration Board, for your approval. 1. Loretta Breedon 2. Chester Cone 3. Richard Carignan 4. Andrea Rowell S. Ruby Coyle ' 0. Mary Wyckoff 7. Mary Quesnel S. Roger Meeks 9. Roy Williams 10. John Wise H. Pete Rowell 12. Charles Bailie I - ,----'E..- XIIIII= CITY OF KENAI "Od eard-al 4 4"-" _ P. O. BOX NO KENAI. ALASKA 9961 TILIPNON! ROS • 7536 June 26, 1980 TO: MAYOR VINCE O'REILLY AND CITY COUNCILMEMBERS 44 FROM: KAYO McGILLIVRAY, PARKS AND RECREATION DIRECTOR f-41 RE: YOUTH CENTER LOCATION AND REQUESTS FROM COUNCIL REGARDING SUCH. 1. Plats of considered locations A. Lots 3, 4, 6, and 7. Block 3, Fidalgo Commercial Center Sub- division (Attached) B. Area between Spur Highway and Lawton Drive, and between Walker Lane and Rogers Lane (Not Platted - Location Map is Attached) C. Lots 1, 2, 3, 11, 12, and 13, Block 2, Fidalgo Commercial Center Subdivision (Attached) 2. Land Values - There is an April 4, 1979 Appraisal available for Lots 3, 4, 6, and 7. Block 3, Fidalgo Commercial Center, and a February 11, 1980 Appraisal for Lots 1, 2, 3, 11, 12, and 13, Block 2, Fidalgo Commercial Center (Attached). KMG:kh 66" Fi +�. a.. : 8Tso e�ea:�4••w . / as t 5 540 00 I30 3015 •70'w 5 �040„31 x I 1 0 ta/ 306 I I 15750 �� B54 6 0 i,� i• M .O125 `••' 231 & D� 2' 1 '�/ :. I M.M a 1. I , �• t!6 AC 30 Q .N. y / e�2sr+�e t. so a"s P ad•02" � r � 4/a� VR � o ►r 1 9���V J �: • lo �4- W. �p St. M 0 naaamrwr 0 SUMMARY Legal Square Dollar per Estimated Fair Description Footage Square Foot Market Value Rounded Value ALYESKA SUBDIVISION, Part 3 Lot 2 • 65,514 x $2.85/s' _ $186,714.90 $186,500 FIDALGO COMMERCIAL CENTER Lot 3, Block 3 18,920 x $1.00/s' _ $18,920.00 $18,900 Lot 4, Block 3 15,694 x $1.05/s' _ $16,478.70 $16,500 Lot 5, Block 3 54,711 x $2.85/s' _ $155,926.35 $156,000 Lot 6, Block 3 16,406 x $1.35/s' _ $22,148.10 $22,100 Lot 7, Block 3 17,970 x $1.30/s' _ $23,361.00 $23,400 lot 1, Block 4 22,366 x $1.50/s' _ $33,549.00 $33,500 Lot 2, Block 4 18,750 x $.70/s' _ $13,125.00 $13,100 Lot 3, Block 4 18,750 x $.65/s' _ $12,187.50 $12,200 Lot 4, Block 4 18,748 x $.55/s' s $10,311.40 $10,300 Lot 5, Block 4 17,593 x $.55/s' _ $ 9,676.15 $ 9,700 Lot 6, Block 4 28,403 x $1.25 $36,503.75 $35,,500 Lot 7, Block 4 28,931 x $3.00 $86,793.00 $87,000 Por. Sec. 5 & 32 --i,299, s = 1,819,091.40 $1,819,000 I hereby certify that I have no personal interest in the Subject Property, and no compensation is contingent upon the valuation found. The additional information upon which this analysis has been based is retained in my files, but can be made available upon request. If you have questions about this appraisal, please let me know. Respectfully sub fitted, FRY 0 or.L TE APPRAISAL ernon Fryk 1m, Jr. Apprai s 13 FR1'K1VC1LM MEAL ESTATE AVI)VA/SAL .'i.'," � '' � ' . .. � S i';���, ,t !.. 1 l,� :'yfi¢• � t•'./ '�' 'Pr•!' + t S� � f'r. ,�' ' • ., 4,I t `�'.:�r! • ' ,;,� � ,. �• r'� .• Al't,'j��i. •: �; IfY:I•' fir' t .t • .�-►.-.»«�r.wi...{w•�•-.•.!.•�N � ' � ' QIrP .��'t'�PW: ,., k0)/••. ,'� /�' Mri ,� _ .. 1 :,d iP+1 •, .oan t, a!a at t.. �:',+. ••,j,�,: „ }},�Itlr ! ;i; •:i...•• i:. ' ,'' , ; I Q7G •t r., t'..1• •. r �.. 1 , � .'�ls(F.L+, � ��'• � r i, ' 't , �:' ,•,. ,1�{�" . f,•' �� +W, s i ", .. • F r i ®. 4 a `I!jLM{I•f\ t pr•• "1 Ib/ ! .�� .icel i 1�• _ r '�, • ;.. •�'• '' MH :, ., a l.ji• `,�' ; ��� IJ/..{ �,�•' : �. fit � �'"I0. O , H I '%` ION'+•'•., 1;,; 'N � .NDj! �' ';St 1: r I•.' � •,IR • E• ,I,r . . .Iruj rMRl , tiJ. S': ++ r :.j 1. * • ..►.r41 d n1r •�Oy _�•. �•t Fi tr-/r! t �: .: ��• r aa• 'ti. 5, .-,.w(;,. _. .� +• 1Derh t e. • ; �.. � . k t;` G' � 'r •�rrp�•vi� • � n �' q,1,tl'OY•AM - �. � • :I! --r., .�;,'i :,1•t � : '). �'. ..i 'r -ti ', ,"• '' it ' f •:••,:• . m 4EBB°il �? < �r ", /� OAS h0 •'� �� fie �E, ! 19 RI 34 d•?o�1�Sy - .e3?SF�b /aP,.i �� JO �' • •` 0I +d"' Bej� `` ~��� \'9e �•J3'Pdsa ps O� /B 605/ 00�0•� °0 ��� e9- D < 20.729S.F IL oe6.� ` A q r°�i� e•b%.,`�s� �O / a ??'3u6, 8 t Mea°aoAo«w g J /B/4fee. r �: (?s a ??•J / • 1 Of O 24063S. F I tv `��` • ° i y Q � 1 �r (71 1 S.F p�- /► 96'/Sn v410 OJ�'ryj \ ,'•°s?� �°. � `,� is 840fI CFO? � �F y • a Q .0 wo 1♦ O ! /B �9 a . oo S o1 f•, op 90.1 V•,Vv 1� �� B 8 e. N Bq /p ? / ,p �qe•. Q' ��l qy � O i. 17,771 S.F o t., i fop ?•3oe �% /��8 `� 01 0 v,„ ° « %tip e's.. `��/ a� �0 / �8. F ti$�• N lOe.76 E1,173 S.F 27 oft ��Ar o0 op / B ° �� •�0 1 A •\ •823SF.(V 10,184S.F ? a O ati ' Py • 33 " P9'Bt�sr4CA"�1?'19l-- 4sBPlB7!!'A.e &Fsh` ,fin--� . • �2e.s 5 6 --�' °:a' gar xig S 29' ° `o•� S. �f :,' Z._ mod• ' Sao2� 1s 2s , s,w R ' *r. i...0. Ng2s800 $ �' ' 24,16 6 4 � 211966 SY h o� ao' e0R `� S 60 % l5'W ap o d OLO K; 1 � ?E � � 2 , Sea 2115 �' J10. �• � 1 N80*471?5"w 1 ; 6Qo0 � '••'" �I i i 1 i a� 1 {{ 1 � t j t l' lAAt OVERMEAO POWER A CONTROL LINE (BEE WE ?) 1 !lam .: � t � ' " ; ., •• � - • 1 i a T • Tj vim-. - !P. Neer Ll Q=4 *:. k NAI YOUIV C. N . :d cIY of K INA.1, At 6.93k F'/ae.Ug�wrca�hr�,t crsnnMtsaift ' �t�AeNi v�Ncp.Nr GIN �v<i, ,6►Zuit�irlf; �� • IFIVYIKIUCILAA PEAL E ESTATE A11PIPPAI1SA L � Throughout the Kenai Peninsula Kenai Spur Road • Box 1413 • Soldotna, Alaska 99669.262-5822 February 11, 1980 Mr. Charles Brown Acting City Manager P.O. Box 580 Kenai, AK 99611 RE: Letter concerning the Short Narrative Appraisal of Lots 1, 2, 3, 11, 12, and 13, Block 2, FIDALGO COMMERCIAL CENTER SUBDIVISION, Kenai, AK. Dear Mr. Brown: As you requested verbally February 8, 1980, I have reviewed the above short narrative appraisal and have estimated the current market value of the subject lots as they are to be developed. The following letter is to be attached to the front of the above report and used in conjunction with it. It will outline the changes to the property proposed and will adjust the estimated current market values to reflect -those changes. Pg. 10 - Statement of Appraisal Problem: The additional factor of the distance to public ut t es and road access is to be eliminated. Pg. 12 - Neighborhood Description: The subject lots are to be in the de- veloped center of these activities. Pg. 13 - Utilities: Public water and bower, electricity, and natural gas' are to be available to the subject lots along Barnacle Way and Bidarka lane. Pg. 13 - Access: Paved and lighted access will be built to the subject. i ar a Lane will run along the eastern border of the property to its south corner and join with the east extension of Barnacle Way. Fidalgo Avenue will have a cul-de-sac within a few feet of the subject property. (See attached map.) Pg. 14 - Assessed Value and Taxes: The revised tax assessments for the property are pro ected below: Lot 1 $18,000 x .015 $270.00 Lot 2 14,000 210.00 Lot 3 14,700 220.50 Lot 11 22,200 333.00 Lot 12 13,500 202.50 Lot 13 23,800 357.00 Pg. 15 - Highest and Best Use: The highest and best use for the subject lots Is for future commercial uses. Although the utilities are projected to be present, the use is still projected to be a future use due to the slow economy and the high cost of borrowing money. �� ,.v �_ � �-, .-_�_ � -_ -- •- i � 7, .,... �,. � �, _ � _., �• »_mow-. r, February 11, 1980 Mr. Charles Brown Page 2 Pg. 18 - Conclusion of PropertrtValue: The subject lots range in size from 18,154 sq. ft. to 29,583 sq. ft. They are to have all public utilities, physical road access, are undeveloped, and are off of the main thoroughfares. Comparables C-1, C-3, and C-4 are located in the Original Townsite of Kenai. They are similarly sized, have all utilities, good paved road access, are cleared and are all off of the main arterials. They are superior lots that range in price from $1.57 to $1.77/sq. ft. In 1979 similar lots were for sale at $2.00/sq. ft. but did not sell. Today's list prices are more realistic. After adjusting for the above differences a price range of from $1.20 to $1.45/sq. ft. is found. Comparable C-2 is located one block off of the Kenai Spur Highway, has all utilities, no paved road access, and is undeveloped. It indicates a price of $1.58/sq. ft. before adjustments and $1.25/sq. ft. after adjust- ments. Most emphasis is placed on the lower range of value. It is repre- sented by an actual sale, earnest money, and a for sale. Because of their differences and the FAA power line easement, the lots are not all valued at the same level. The estimated market value of the six subject lots as of January 25, 1980 is: Lot 1 22,366 sq' @ $1.35/sq' s $30,194.10, or $30,200 (rdd) Lot 2 18,744 sq' @ a1.25/sq' 23,430.00, or 23,400 Lot 3 19,691 sq' @ 1.25/sq' a 24,613.75, or 24,600 Lot 11 27,523 sq' @ $1.35/sq' 37,156.05, or 37,200 Lot 12 18,154 sq' @ $1.25/sq' a 22,692.50, or 22,700 Lot 13 29,683 sq' @ $1.35/sq' a 39,937.05, or 39,900 Total Value $178,000 s I hereby certify that I have no personal interest in the subject property, and no compensation is contingent upon the valuation found. The additional information upon which this analysis has been based is retained in my files, but can be made available upon request. If you have questions about this appraisal, please let me know. Res ectf 1 y sub 'fitted, FRY HO EA ES ATE APPRAISAL ernon . Fr kh�Tm Jr. y e . Appraise sf FE'1(IiOLM (REAL ICSTATE AVMAISAL i THE FOLLOWING ITRNS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 7/2/80 VENDOR AMOUNT DESCRIPTION PROJFT/DEPARTMENT ACCOUNT CHARGE ANOUNT P.O. FOR APPROVAL f Bergen 6 Sons 14,685.00 Gravel FRS Streets Repair/Helot. Supplies 10,000.00 12363 Gravel Streets Repair/Maine. Supplies 235.00 12363 Gravel PR8-Animal Control Improvements O/T Bldge. 4,450.00 12560 McNaughton Book Service 2,043.24 Book Rental Library Rentals 2,043.24 Marathon OIL Company 5,469.98 May Natural Gas Trust 6 Agency In Trust 5,469.98 ,... Union Oil Company 5,458.63 May Natural Gas Trust 6 Agency In Trust 5,458.63 McLane 6 Associates 2,500.00 Surveying 6 Platting on Non -Departmental Professional Services 2,000.00 02296 Tract D-Boat Ramp Non -Departmental Professional Services 500.00 11029 r Coopers 6 Lybrand 2,500.00 Audit Progress Billing Legislative Professional Services 2,500.00 FOR RATIFICATION Blue Cross of Alaska 8,652.72, July Medical Insurance Pre -Paid Assets Health Insurance 8,652.72 ; Rainer National Bonk 197,071.25 74 Debt Service Cash v/Piecal Agent Principal 120,000.00 '. 74 Debt Service Cash a/Fiscal Agent Interest 77,071.25 First National Bank 265,000.00 Cart. of Deposit-6/18/80 TCD Central Treasury 265,000.00 0 _ . s J i RPOUISITIONR OVER $1,000.00 WHIM NP.E11 COUNCIL APPROVAL 7/2/80 i VENDOR DESCRIPTION OPPARTRP.NT ACCOUNT- ANOONT *Dowling -Rice Associates Prepare bid documents for Youth Center Recreation professional Services 2,500.00 McNaughton gook Service 80-81 Hook Rental Service Library Rentals 2,043.24 1 Peninsula pence Company Cato installation at construction access Airport M60 Repair 6 Maintenance 1,842.86 road ' 11 *Requires Transfer of Funds -J t i CITY OF KENAI ORDINANCE NO. 582-80 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE ISSUANCE OF $400,000 GEN- ERAL OBLIGATION BONDS OF THE CITY AND FIX- ING DETAILS OF SAID BONDS. WHEREAS, pursuant to Resolution No. 80-32 of the City passed and approved on March 19, 1980, the following question: PROPOSITION City Administration Building Pursuant to Resolution No. 80-32 shall the City of Kenai, Alaska, be authorized to incur Indebtedness and to issue its general obligation bonds or other such evidence of indebtedness in an amount or amounts as needed, and not to exceed in the aggre- gate FOUR HUNDRED THOUSAND DOLLARS ($400,000), for the purpose of providing a portion of the funds for planning, designing, acquiring, constructing, improving, and equipping a City Administration Building capital improvement in the City, and to pledge the full faith and credit of the City for the payment of the principal and interest on the bonds or other such evidence of indebted- ness? Said general obligation bonds or other such evidence of indebtedness are to mature within 30 years from the date of issue and are to bear Inter- est at a rate not to exceed the maximum rate per- mitted by law. (herein called the "Proposition") was passed and approved by a vote of 124 for and 121 against the Proposition at the special election held in the City on April 9, 1980, and said election has been duly canvassed and the results thereof certified and confirmed in accordance with law; and i ." J CITY OF KENAI page 2 ORDINANCE NO. 582-80 i WHEREAS, the City Council of the City of Kenai has deter- mined and does hereby determine that it is necessary to proceed with the planning, designing, acquiring, constructing, improving and equip- ping of a City Administration Building capital improvement in the City (all hereinafter collectively referred to as the "Project"); and WHEREAS, it is deemed necessary and advisable and in the best interests of the City and its inhabitants that $400,000 principal amount of the general obligation bonds, referred to in the Proposition, be issued at this time in a single series, as hereinafter fixed and determined, for the purpose of raising funds to pay the cost of con- structing and acquiring the Project; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, as follows: Section 1. Definitions. The following terms shall have, the following meanings in the Ordinance: (a) "Bonds" shall mean any of the City of Kenai General Obligation Bonds, 1980, issued pursuant to the Ordinance as the evidence of the indebtedness referred to in the Proposition. (b) "City" shall mean the City of Kenai, a municipal cor- poration of the State of Alaska, organized as a home rule city pursuant to Title 29 of the Alaska Statutes and the Charter of the City of Kenai, Alaska. (c) "Cost" shall mean the cost of acquiring and developing the Project, including Interest on the Bonds prior to and during E to .:c CITY OF KENAI ORDINANCE NO. 882-80 Page 3 the period of acquiring and developing the Project, and reasonable fees of the Paying Agents for the payment of such interest, the cost whether incurred by the City or another of field surveys and advance planning undertaken in connection with the' Project prop- erly allocable to the Project and the cost of acquisition of any land or interest therein required as the site of the Project or for use in connection therewith, the cost of preparation of the site of the Project and of any land to be used in connection therewith, the cost of any indemnity and surety bonds and premiums on Insurance Incurred in connection with the Project prior to or during con- struction thereof and all related direct administrative and Inspec- tion expenses whether incurred by it or by another in connection with the Project prior to or during construction thereof and alloc- able portions of direct costs of the City, legal fees, fees ,and expenses of the Paying Agents, cost of issuance of the Bonds by the City and financing charges and fees and expenses of bond counsel, financial advisors and consultants in connection therewith, costs of audits, the cost of all machinery, apparatus and equip- ment, cost of engineering, architectural services, design, plans, specifications and surveys, estimates of cost, the reimbursement of all moneys advanced from whatever source, for the payment of any Item or items of cost of the Project, and all other expenses neces- sary or incident to determining the feasibility or practicability of the Project, and such other expenses not specified herein as may R CITY OF KENAI Page 4 ' ORDINANCE NO. 582-80 r- be necessary or Incident to the acquisition and development of the Project, the financing thereof and the placing of the same in use and operation. (d) "Ordinance" shall mean this Ordinance of the City. (a) "Paying Agent" and "Principal Paying Agent" shall mean the banks, trust companies, or national banking associations appoin- ted by the City pursuant to Section 16 hereof. Section 2. Authority for Ordinance. The City has ascer- tained and hereby determines that each and every matter and thing as to which provision is made in this Ordinance is necessary in order to carry out and effectuate the purposes of the City in accordance with the Constitution and statutes of the State of Alaska and the Charter of the City, and to incur the indebtedness and issue the Bonds as re- ferred to in the Proposition. Section 3. Purpose and Authorization of Bonds. For the purpose of raising funds to pay the cost of acquiring and developing the Project as authorized by the Proposition, which, in accordance with the Proposition is hereby determined to be necessary, general obligation bonds of the City referred to in the Proposition, each to be designated "City of Kenai General Obligation Bond, 198011, shall be issued in the aggregate principal amount of FOUR HUNDRED THOUSAND DOLLARS ($400,000) as a single issue and sold at public sale or at private sale Including sale to the Alaska Municipal Bond Bank on a date to be set by resolution of the Council passed prior to 'the sale. 'I F CITY OF KENAI Page 5 ORDINANCE NO. 582-80 Section 4. Date and Maturities of Bonds. The Bonds shall mature on August 1 in the following amounts in the years set opposite such amounts: Amounts Year $ 40,000 1981 40,000 1982 40,000 1983 40,000 1984 40,000 1985 40,000 1986 40,000 1987 40,000 1988 40,000 1989 40,000 1990 Section S. Payment Dates, Form and Numbering of Bonds. Each Bond shall bear interest from its date payable on the first days of February and August in each year beginning in 1981 at such rate or , rates per annum as may be fixed and determined by resolution adopted prior to the delivery thereof. The Bonds shall be coupon in form and payable to bearer and registrable as to principal alone as herein provided, or, in the case of sale to the Alaska Municipal Bond Bank, in the form of one fully regis- tered bond without coupons and payable to the Alaska Municipal Bond Bank. The Bonds coupon in form (herein called "coupon Bonds") shall each be of the denomination of Five Thousand Dollars ($5,000). The coupon Bonds and the registered Bond shall be, respectively, sub- stantially in the forms of such Bonds hereinafter set forth with such TA CITY OF KENAI ORDINANCE NO. 582-80 Page 6 i appropriate variations, omissions or insertions as are permitted or required by this Ordinance or any resolution of the City adopted pur- suant to the provisions of this Ordinance and may have endorsed there- on such legends or text as may be necessary or appropriate to conform to the rules and regulations of any governmental authority, or any usage or requirement of law with respect thereto. The coupon Bonds shall be numbered from one upwards in order of maturity. Section 6. Details of Bonds. The coupon Bonds shall be dated and bear interest from August 1, 1880. The registered Bond shall bear interest from its date, and shall be dated as of the date of Its issuance, or as of August 1, 1980 at the election of the City. Each of the Bonds shall be signed by the manual or facsimile' signature of the Mayor, and the official seal of the City (or a facsimile thereof) shall be affixed, imprinted or otherwise reproduced on. the Bonds, and attested by the manual or facsimile signature of the City Clerk. The coupons attached to the coupon Bonds shall be executed with the facsimile signature of the City Clerk. In case any officer whose signature or facsimile of whose signature shall appear on any Bond or coupon shall cease to be such officer before the delivery of such Bond, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery. In the event both the signature of the Mayor and the signa- ture of the Clerk are in facsimile form, the Bonds shall contain a certi- — -- ----�—__ f CITY OF KENAI Page 7 ORDINANCE NO. 582-80 ficate of a Paying Agent certifying the authentication of such signatures In the following form: PAYING AGENT'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the within mentioned Ordinance and the signatures imprinted hereon are the authentic signatures In facsimile of the Mayor and Clerk of the City. (Name) Paying Agent By Authorized Officer Both the principal and redemption price of and the interest on the Bonds shall be payable in any coin or currency of the United States of America which, at the respective dates of payment thereof, is legal tender for the payment of public and private debts. The principal and the interest on all coupon Bonds shall. be payable at the principal office of the Paying Agents. Payment of the Interest on the coupon Bonds shall be made only upon presentation and surrender of the coupons, if any, representing such interest as the same respectivaly fall due. The interest on the registered Bond shall be paid on each interest payment date to the Alaska Municipal Bond Bank or its registered assigns. Section 7. Exchanae of Registered Bond. The registered Bond, upon surrender thereof at the principal office of the City, to- gether with an assignment duly executed by the registered owner or his n I; oil CITY OF KENAI Page 8 ORDINANCE NO. 582-80 attorney in such form as shall be satisfactory to the City, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of coupon Bonds with coupons attached representing all unpaid interest due or to become due thereon. Section 8. Negotiability of Bonds. Title to any coupon Bond, unless such Bond is registered as to principal in the manner hereinafter provided, and to any interest coupon, shall pass by deli- very in the same manner as a negotiable instrument payable to bearer. At the option of the bearer, any coupon Bond may be registered as to principal alone on books for the registration and transfer of Bonds, kept by the Principal Paying Agent as Bond Registrar, upon presenta- tion thereof to the Principal Paying Agent, which shall make notation of _. such registration thereon. Any such Bond registered as to principal I i alone may thereafter be transferred only upon an assignment duly executed by the registered owner or his attorney in such form as shall be satisfactory to the Principal Paying Agent such transfer to be made on such books and endorsed on the Bond -by the Principal Paying Agent. Such transfer may be to bearer and thereby transferability by delivery shall be restored subject, however, to successive registrations and transfers as before. Registration of any coupon Bond as to prin- cipal, however, shall not affect the negotiability by delivery of the coupons appertaining to such Bond, but every such coupon shall con- tinue to pass by delivery merely and shall remain payable to bearer. 0 CITY OF KENAI Page 9 ORDINANCE NO. 582.80 Section 9. Transfer of Registered Bond, Delivery of New Bonds and Fees of City and Principal Paying Anent. The registered Bond may be transferred only upon books of the City kept for the registration and transfer of the Bond, upon presentation thereof at the office of the City, together with an assignment duly executed by the registered owner or his attorney in such form as shall be satisfactory to the City. Upon the transfer of the registered Bond, the City shall make notation of such transfer thereon. In the case in which the registered Bond shall be exchanged, there shall be executed, and the City shall authenticate and deliver, coupon Bonds in accordance with the provisions of this Ordinance. The Bond surrendered in any such exchange shall forthwith be cancelled by the City. The City and the Principal Paying Agent may make a charge for every registration, exchange or transfer of Bonds sufficient to reimburse them for any tax, fee or other governmental charge required to be paid with respect to such registration, exchange, or transfer, or any other charges of the City incurred in connection therewith, and such charge or charges shall be paid before any such new Bond shall be delivered. Neither the City nor the Principal Paying Agent shall be required to make any such registration, exchange, or transfer of a Bond during the ten (10) days next preceding an interest payment date on such Bond. Section 10. Ownership of Registered Bonds. As to the registered Bond or any coupon Bond registered as to principal other CITY OF KENAI ORDINANCE NO. 582-80 Page 10 than bearer, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account of the principal on such Bond and the interest on the registered Bond shall be made only to or upon the order of .the registered owner thereof or his legal representative, but such registration may be changed as hereinabove provided. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest thereon to the extent of the sum or sums so paid. The City and the Paying Agents may deem and treat the bearer of any coupon Bond registered to bearer or not registered as to principal, and the bearer of any coupon appertaining to any coupon Bonds, whether or not such coupon Bond shall be regis- tered as to principal, as the absolute owner of such Bond or coupon, as the case may be, for the purpose of receiving payment thereof, and for all other purposes whatsoever, and neither the City nor the Paying Agent shall be affected by any notice to the contrary. Section 11. Mutilated, Destroyed, Stolen or Lost Bonds. In case any Bond shall become mutilated or be destroyed, stolen, or lost, the City may cause to be executed, and delivered, a new Bond of like interest rate, principal amount and maturity in exchange and substitu- tion for and upon cancellation of such mutilated Bond and its interest coupons, if any, in lieu of and in substitution for such Bond destroyed, stolen or lost, and its coupons, if any, upon the holder paying the reasonable expenses and charges of the City. in connection therewith `1 CITY OF KENAI Page 11 �. ORDINANCE NO. 582-80 and, in the case of a Bond destroyed, stolen or lost, his filing with the City evidence satisfactory to it that such Bond or coupons, if any, were destroyed, stolen or lost, and of his ownership thereof, and furnishing the City with indemnity satisfactory to it. Any new Bond so delivered may bear a number differing from the number on the Bond it replaces. Section 12. Exchange of Bonds. The City shall make provi- sion for the exchange of Bonds at the principal office of the Principal Paying Agent, and shall cause books to be kept by the Principal Paying Agent, as Bond Registrar, for the registration and transfer of Bonds as provided in this Ordinance, except that the books for the registered Bond shall be kept at the office of the City. Section 13. Redemption of Bonds. The Bonds shall not be subject to redemption by or on behalf of the City prior to maturity. Section 14. Form of Coupon Bond. Each coupon Bond, the coupons to be attached thereto and the provisions for registration to be endorsed thereon, if any, shall be, respectively, in substantially the form following with such variations, omissions and insertions as may be required or permitted by this Ordinance and as may be required by any resolution or resolutions adopted by the City. ---T /� - �--�► � -r __ _ __ _ _ _ __ ___ � �- - _��. - r =� -- .-T- �.,., ,ram„ ��� CITY OF KENAI Page 12 i ORDINANCE NO. 582-80 UNITED STATES OF AMERICA STATE OF ALASKA CITY OF KENAI No. ........... $5,000 General Obligation Bond 1980 The City of Kenai, a municipal corporation of the State of Alaska, for value received, acknowledges itself indebted and hereby promises to pay to the bearer or, if this bond be registered as herein provided, the registered owner hereof, on the first day of August, 18 , upon presentation and surrender hereof, the principal sum of Five Thousand Dollars ($5,000), and to pay interest on such principal sum from the date hereof until the City's obligation with respect to the payment of such principal sum shall be discharged, at the rate of per centum ( %) per annum, payable on February 1, 1981, and semi-annually thereafter in each year on the first day of February and August, but only, in case of interest due at or before maturity of this bond, according to the tenor of the respective coupons therefor annexed hereto and upon presentation and surrender of said coupons as they severally become due. The principal of, and interest on this bond, when due, will be payable at the principal office in the (hereinafter called the "Principal Paying Agent"), or at the option of the holder, at the prin- cipal office in the (hereinafter collectively, together with the Principal Paying Agent, CITY OF KENAI Page 13 ORDINANCE NO. 582-80 called the "Paying Agents"), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts. The bond is one of the General Obligation Bonds, 1980, of the City of Kenai, Alaska, of like tenor and effect except as to interest rates, serial number and maturity, is one of a series of the Bonds aggregating $400,000 in principal amount authorized to pay a portion of the cost of planning, designing, acquiring, constructing, improving and equipping of a City Administration Building capital improvement in the City with the question of their issuance for such purpose approved and ratified by a majority vote of the qualified voters of the City who voted on a Proposition authorizing the Bonds at the special election held on April 9, 1980, pursuant to Resolution No. 80-32 of the City passed on March 19, 1980, and is issued pursuant to Ordinance No. 582-80 of the City (herein called the "Ordinance"). The Bonds are numbered from one consecutively upwards in order of maturity. The Bonds are not subject to redemption by or on behalf of the City prior to maturity. This bond is transferable by delivery, unless registered as to principal other than to bearer. It may be registered as to principal in the name of the bearer on the books of the City kept for the purpose at the principal office of the Principal Paying Agent, such registration to be noted hereon, after which no transfer hereof shall be valid unless ■ CITY OF KENAI ORDINANCE NO. 582-80 Page 14 i made on said books by the registered owner hereof in person or by his i attorney duly authorized in writing, and similarly noted hereon; but this bond may be discharged from registration by being in like manner transferred to bearer, after which it shall again become transferable by delivery. This bond may again, from time to time, be registered or discharged from registration in the same manner. Such registration, however, shall not affect the negotiability by delivery of the coupons appertaining hereto, which shall continue to pass by delivery merely and shall remain payable to bearer. The City and the Paying Agents of the City may treat and consider the bearer of this bond or, if it be registered as herein provided, the person in whose name it is regis- tered, as the holder and absolute owner of this bond for the purpose of receiving payment of, or on account of, the principal hereof and for all other purposes whatever except for the purpose of receiving payment of coupons, and may treat and consider the bearer of any coupon apper- taining hereto as the holder and absolute owner thereof for the purpose of receiving payment thereof and for all other purposes whatsoever. The Bonds are issuable in the form of coupon Bonds in the denomination of $5,000. This bond is a general obligation of the City of Kenai, Alaska, and the full faith and credit of the City are pledged for the payment of the principal of and interest on this bond as the same shall become due. CITY OF KENAI Page 15 ORDINANCE NO. 582-80 IT IS HEREBY CERTIFIED AND RECITED that all conditions, acts or things required by the Constitution and laws of the State of Alaska and the Charter of the City of Kenai to exist, to have happened or to have been performed precedent to or in the issuance of this bond, exist, have happened and have been performed, and that the issue of Bonds of which this is one, together with all other Indebted- ness of the City, Is within every debt and other limit prescribed by said Constitution, statutes or Charter. IN WITNESS WHEREOF, THE CITY OF KENAI has caused this bond to be signed in its name and on its behalf by the manual or facsimile signature of the Mayor and its corporate seal (or a facsimile thereof) to be hereunto affixed, imprinted or otherwise reproduced, and attested by the manual or facsimile signature of the City Clerk, and coupons for interest, bearing and signed by the facsimile signature of the Clerk, to be attached hereto, all as of the first day of August, 1880. Mayor (SEAL) ATTEST: City Clerk I � i. CITY OF KENAI Page 16 ORDINANCE NO. 582-80 FORM OF PROVISIONS FOR REGISTRATION Notice: No Writing Below Except by the Paying Agent as Registrar Authorized Date of Name of Signature of Registration Registered Owner Registrar . .. . . .. . . . . . . .. . . . . . . . . . . . . . .. . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . .. . . . . . . . . . . .. . . . . . . . . . .. . . .. . . . . .... . . . . . . . . . .. . . . . . . . . . . . .. . . . .. . . . . . . . . . . ... .. .. . . . . . . . . . .. . . . . . . . . . . . . . . . .. . .. . . . . . ............... . . . . .. . . . . . .................. ......................... .......................... FORM OF COUPONS No . ............... $............. On the first day of , 19 , the City of Kenai will pay to the bearer at the principal office in the I a Paying Agent of the City, or at the option of* the holder, at the principal office in the a Paying Agent of the City, upon surrender of this coupon, Dollars ($ ), in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of public and private debts, being six months interest then due on its City of Kenai General Obliga- tion Bond, 1980. No . ..................... City Clerk City of Kenai - 1 - CITY OF KENAI Page 17 ORDINANCE NO. 582-80 Section 15. Form of Fully Registered Bond. The fully regis- tered Bond shall be in substantially the form of the coupon Bonds hereinabove set forth with such insertions or variations as may be required or permitted by the Ordinance, except that there shall be no coupons to be attached thereto and that the first, second, fifth and ninth paragraphs thereof shall be in substantially the following forms respectively: FIRST PARAGRAPH The City of Kenai, a municipal corporation of the State of Alaska, acknowledges Itself indebted and for value received hereby promises to pay to Alaska Municipal Bond Bank or registered assigns, the principal sum of Four Hundred Thousand Dollars ($400,000) in the following Installments on August 1 of each of the following years, and to pay to the registered owner hereof interest on each such installment from the date hereof until the City's obligation with respect to the payment of such installment shall be discharged, on the first days of February and August of each year, beginning February 1, 1981, as follows: Interest Year Amount Rate 1981 $ 40,000 1982 40,000 1983 40,000 1984 40,000 1985 40,000 1986 40,000 1987 40,000 CITY OF KENAI Page 18 i ORDINANCE NO. 582-80 I nterest Year Amount Rate 1988 40,000 1989 40,000 1990 40,000 This Bond, as to principal and interest when due, will be payable at the office of the City in any coin or currency of the United States of America which at the time of payment is legal tender for the payment of j public and private debts. SECOND PARAGRAPH This Bond is the single registered Bond of the series of Bonds entitled . General Obligation Bond, 1980, of the City of Kenai, Alaska, aggregat- Ing $400,000 in principal amount authorized for the purpose of pro- . viding funds to pay a portion of the cost of planning, designing, ' acquiring, constructing, improving and equipping of a City Administra- tion Building capital improvement in the City, with the question of their j issuance for such purposes approved and ratified by majority vote of 'is qualified voters of the City who voted on a Proposition authorizing the Bonds at the special election held on April 9, 1980, and is issued + pursuant to Ordinance No. 582-80 of the City (herein called the "Ordl- f nance"). -- - FIFTH PARAGRAPH --- _ + This Bond is transferable, as provided in the Ordinance, only upon the - books of the City kept for that purpose at the principal office of the ` City by the registered owner hereof in person or by his attorney duly _ authorized in writing upon surrender hereof together with a written M i � 1 I , CITY OF KENAI Page 19 ORDINANCE NO. 582-80 Instrument of transfer satisfactory to the City duly executed by the registered owner or such duly authorized attorney. At the option of the registered owner, the City shall issue coupon Bonds with appro- priate coupons attached, of the same aggregate principal amount as the surrendered Bond as provided in the Ordinance and upon the payment of the charges therein prescribed. The City may treat and consider the person in whose name this Bond is registered as the holder and absolute owner hereof for the purpose of receiving payment of, or on account of, the principal hereof and interest due hereon and for all other purposes whatsoever. NINTH PARAGRAPH IN WITNESS WHEREOF, THE CITY OF KENAI has caused this bond to be signed in its name and on its behalf by the manual signa- ture of the Mayor and the official seal of the City (or a facsimile there- of) to be affixed, imprinted, or otherwise reproduced hereon, and attested by the manual or facsimile signature of the City Clerk, all as of the day of , 19 Mayor (S E A L) ATTEST: City Clerk TA CITY OF KENAI ORDINANCE NO. 582-80 Page 20 Section 16. Paying Agents. One or more Paying Agents shall be appointed by a resolution adopted by the City prior to the time of sale of the Bonds, unless the Bonds are sold at private sale in the form of a single registered bond to the Alaska Municipal Bond Bank, in i which case no Paying Agents need be appointed by the City until such time as the Alaska Municipal Bond Bank shall elect to exchange the single registered Bond for coupon Bonds. The City shall indemnify and save harmless the Paying Agents against any liabilities which they may incur in the exercise and performance of their powers and duties as Paying Agents which are not due to their negligence or default, and �. shall pay their reasonable charges for their services as Paying Agents. The Paying Agents may become the owners of or may deal in Bonds, as fully and with the same rights as if they were not Paying Agents. Section 17. Authority of Officers. The Mayor, City Manager, Finance Director and the City Clerk, are, and each of them hereby is authorized and directed to do and perform all things and determine all matters not determined by this Ordinance or to be determined by a subsequent ordinance or resolution of the City, to the end that the City may carry out its obligations under the Bonds and this Ordinance. Section 18. Miscellaneous. (a) All payments made by the City of, or on account of, the principal of or interest on the Bonds shall be made on the several - • -- _- w -- CITY OF KENAI page 21 ORDINANCE NO. 582-80 Bonds ratably and in proportion to the amount due thereon respectively for principal or interest as the case may be. (b) No recourse shall be had for the payment of the princi- pal of or the interest on the Bonds or for any claim based thereon or on this Ordinance against any member of the City Council or officer of the City or any person executing the Bonds. The Bonds are not and shall not be in any way a debt or liability of the State of Alaska or of any political subdivision thereof, except the City, and do not and shall not create or constitute any indebtedness or obligation, either legal, moral or otherwise, of said State or of any said political subdivision thereof, except the City, and neither said State, nor any said political subdivision, except the City, shall be liable on the Bonds, and the Bonds are not and shall not be payable out of any funds other than those of the City. , Section 19. Sale of Bonds. The Bonds shall be sold at public or private sale, including sale to the Alaska Municipal Bond Bank, upon such terms and conditions as may be fixed and determined by a resolution adopted by the City Council prior to the time of sale. Section 20. Arbitrage Covenant. The City covenants with the holders of all Bonds at any time outstanding that it will make no use of the proceeds of the Bonds which will cause the bonds to be "arbitrage bonds" subject to federal income taxation by reason of Sec- tion 103(c) of the Internal Revenue Code of 1954. To that end, so long as any of the Bonds are outstanding, the City, with respect to the oft YA CITY OF KENAI Page 22 ORDINANCE NO. 582-80 proceeds of the Bonds, shall comply with all requirements of said Sec- tion 103(c) and of all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at the time, applicable and in effect. Section 21. Variation of Terms. The amount, date, maturi- ties, payment dates and redemption provisions of the Bonds may be varied or changed by the City Council by resolution adopted prior to the time of sale. Section 22. Obligation of Bonds. The Bonds shall be direct and general obligations of the City and the full faith and credit of the City are hereby pledged to the payment of the principal of and interest on the Bonds. Section 23. Pledge. The City hereby Irrevocably pledges and covenants that it will levy and collect taxes upon all taxable prop- erty within the City without limitation as to rate or amount, in amounts sufficient, together with other funds available therefor, to pay principal and interest on the Bonds as the same become due and payable. PASSED by the Council of the City of Kenai, Alaska, this 16th day of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Readings July 2, 1980 Second Readings July 16, 1980 Effective Dates August 16, 1980 i i CITY OF KENAI Page 22 ORDINANCE NO. 582-80 proceeds of the Bonds, shall comply with all requirements of said Sec- tion 103(c) and of all regulations of the United States Department of the Treasury issued thereunder, to the extent that such requirements are, at the time, applicable and in effect. Section 21. Variation of Terms. The amount, date, maturi- ties, payment dates and redemption provisions of the Bonds may be varied or changed by the City Council by resolution adopted prior to the time of sale. Section 22. Obligation of Bonds. The Bonds shall be direct and general obligations of the City and the full faith and credit of the City are hereby pledged to the payment of the principal of and interest on the Bonds. Section 23. Pledge. The City hereby Irrevocably pledges and covenants that it will levy and collect taxes upon all taxable prop- erty within the City without limitation as to rate or amount, in amounts sufficient, together with other funds available therefor, to pay principal and interest on the Bonds as the same become due and payable. PASSED by the Council of the City of Kenai, Alaska, this 16th day of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Readings July 2, 1980 Second Readings July 16, 1980 Effective Dates August 16, 1980 i i -00 0 CITY OF KENAI ORDINANCE NO. 583-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI ESTABLISHING ' A SPECIAL REVENUE FUND ENTITLED "KENAI SENIOR CITIZENS PROJECT FY 1980-81" BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AMOUNT OF $147,680. WHEREAS, the 1980-81 senior citizen program will encompass social services, congregate meals, and home delivered meals, and j WHEREAS, the State of Alaska has offered the City of Kenai a grant award of $114,210 under Title III of the Older Americans Act of 1965, and - WHEREAS, the City expects to match the grant with $23,880 in -kind services, and WHEREAS, the continuation of the Senior Citizen Program is deemed desirable, and WHEREAS, proper accounting practices require that all approp- riations of City monies be made by ordinance. _ n NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, that the following increases in estimated revenues and appropriations are hereby made for FY 1980-81: , General Fund Increase estimated revenue: Rental -Fort Kenay (In -kind) $22,680 Increase appropriations: Non -departmental - Rent $22,680 Kenai Senior Citizens Proiect FY 1980-81 Increase estimated revenues: State Grant $114,210 Rental - Ft. Kenay (In -kind) 22,680 Accounting Services (In -kind) 1,200 Contributions 4,000 -- USDA Cash 5 590 147,680 Ord. 583-80, page 2 Increase appropriations: Social Services: Salaries & Wages $27,479 Accrued Leave 1,806 FICA 1,796 PERS 2,511 ESC 587 Workmens Compensation 1,477 Health Insurance 2,804 Transportation 134 Rent (In -kind) 7,560 Communications 720 Utilities 804 Office Supplies 120 Operating Supplies 11000 Repair & Maintenance (vehicles) 3,000 Professional Services (in -kind) 1,200 Printing & Binding 750 Miscellaneous 12 3 760 Congregate meals: Salaries & Wages $11,911 Accrued Leave 770 FICA 778 PERS 1,088 ESC 254 Workmens Compensation 580 Health Insurance 2,273 Transportation 66 Rent (In -kind) 15,120 Communications 720 Utilities 1,572 Office Supplies 120 Operating Supplies 29,120 Repair & Maintenance Supplies 895 Repair & Maintenance 120 Professional Services 4,400 Printing & Binding 120 Miscellaneous 10 6 9 7 Ord. 583-80, page 3 i J Home Delivered Meals Salaries & Wages $ 8,106 Accrued Leave 500 FICA 529 PERS 738 ESC 173 Workmens Compensation 419 Health Insurance 1,730 Transportation 65 Operating Supplies 7,280 Repair & Maintenance Supplies 120 Repair & Maintenance 3,810 Professional Services 500 Printing & Binding 30 Miscellaneous 3 24 , 0.03 _ Total Appropriations $147,680 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1980. INCENT O REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finances First Reading: July 2, 1980 Second Reading: July 16, 1960 Effective Dates July 16, 1980 i J ��Vi�i�ucr� CITY OF KENAI 4 ORDINANCE NO. 584-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING TITLE 12, HEALTH AND SAFETY, OF THE KENAI MUNICIPAL CODE TO ADD CHAPTER 12.30, REGULATING BURGLAR AND HOLD-UP ALARM SYSTEMS. k WHEREAS, the use of burglar and hold-up alarm systems can have an appreciable affect on the protection of persons and property within the City of Kenai, and WHEREAS, unregulated use of such systems and automatic dialing into the Kenai Communications Center - particularly in the case of false alarms - can unnecessarily tie up lines of communication, and WHEREAS, it appears desirable to provide for the regulation of the use of such systems. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section is That the City of Kenai Code of Ordinances is hereby amended by adding a new chapter to be numbered 12.30 which shall read as set forth on the pages attached hereto. i Section 2s This ordinance shall be effective on October 1, 1980. ' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of August, 1980. VINCENT O REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Readings July 2, 1980 Second Reading: July 16, 1980 Effective Date: October 1, 1980 ,'% — CHAPTER 12.30 BURGLAR AND HOLD-UP ALARM SYSTEMS Sections: i 12.30.010 Short title. 12.30,020 Purpose. 12.30.030 Definitions. 12.30.040 Alarm Commission establishment. 12.30.050 Alarm Commission purpose. 12.30.060 Alarm user permits. 12.30.070 Alarm user permit application. 12.30.080 Alarm user registration form. 12.30.090 Alarm system use without permit. 12.30.100 Automatic dialing service. 12.30.110 Automatic dialing device standards. 12.30.120 Direct connection to the com munications center. 12.30.130 False alarms. 12.30.140 Testing of equipment. 12.30.150 Penalties for violation. C 12#30.010 Short Title: This Chapter shall be known and may be cited as Burglar and Hold-up Alarm Ordinance. I 12.30.020 Purpose: The purpose of this Chapter is to provide minimum standTards and regulations applicable to burglar and hold-up alarm systems, alarm businesses, and ` alarm users as defined in this Chapter. 12.30.030 Definitions: For the purpose of this Chapter, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future. The word "shall" is always -mandatory and not merely directory. (a) "Alarm business" means any business operated by a person for a profit which engages in the activity of altering, installing, leasing, maintaining, repairing, replacing, selling, servicing, or monitoring a burglar or hold-up alarm system. (b) "Alarm system" means an assembly of equipment and devices (or a single device such as a solid state unit which plugs directly into a 110 volt AC line) arranged to signal the presence of a hazard requiring urgent attention and to which the police are expected to respond. This is inclusive of systems terminating at the Communications Center, as well as those monitored elsewhere if the alarm message is to be ultimately relayed to the Communications Center. 12-10 i (c) "Alarm user" means any person on whose premises within the City an alarm system is maintained except for alarm systems on motor vehicles or proprietory systems. If, however, an alarm system on a motor vehicle is connected with an alarm system at a premises (other than a proprietory system) the person using such system is an alarm user. (d) "Annunciator" means the instrumentation of an alarm console at the receiving terminal of a signal line which through both visual and audible means signals when an alarm device at a particular location has been activated or it may also indicate line trouble. (e) "Answering service" refers to a telephone answering service providing among it's services the service of receiving emergency signals from alarm systems on a continuous basis, and thereafter immediately relaying the message by line voice to the Communications Center. (f) "Automatic dialing device" refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a pre-recorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designed to detect. (g) "Central station" means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits, and where guards are main- tained continuously to investigate signals. (h) "Communications Center" means the Communication Center of the City. (i) "Direct connect" means a telephone line leading directly from a central station to the Communications Center. (j) "False alarm" means an alarm or signal activated by mechanical failure, malfunction, improper installation, or negligence of the owner or lessee of an alarm system or of his employees or agents. It does not include an alarm signal caused by violent conditions of nature, telephone line trouble, or circumstances not reasonably subject to control by the alarm business operator or user. (k) "Interconnect" means to connect an alarm system to a voicegrade telephone line, either directly or through a mechanical device, for the purpose of using the telephone line to transmit an emergency message upon activation of the alarm system. (1) "Modified central station" means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. (m) "Person" means any person, firm, partnership, association, company, or organization of any kind. (n) "Police Chief" means the Chief of the Police Department of the City, or his designated representative. (o) "Primary trunkline" means a telephone line leading directly into the Communications Center that is for the purpose of handling emergency calls on a person -to -person basis, and which is identified as such by a specific number included among the numbers listed in the telephone directory. 12-11 YA W. (p) "Proprietory system" means an alarm system sounding, recording, or sounding and recording alarm and supervisory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. If a proprietory system includes a signal line connected directly or by means of an automatic dialing device to the Communications Center, a central station, modified central station, or answering service, it thereby becomes an alarm system as defined in this Chapter. (q) "Special trunkline" means a telephone line leading into the Communications Center and having the primary purpose of handling emergency signals or messages originating either directly or through a central location from automatic dialing devices. 12.30,040 Alarm Commission Establishment: (a) An Alarm Commission shai1be established made up of 3 alarm users from within the City. They shall be appointed by the Mayor with approval of the Council for a term of 3 years. (b) Initial appointments to the Commission at its inception will be made for 1, 2, and 3 year terms to provice for staggered terms of office. 12.30.050 Alarm Commission Purpose: (a) The Alarm Commission is established to serve as a quasi-judicial body to hear appeals of suspension and revocation actions taken in accordance with Section 130 of this Chapter. (b) The Alarm Commission also serves as an advisory body to the Council on matters covered within the scope of this Chapter. 12.30.060 Alarm User Permits: Within 90 days after the effective date of this Chapter, every alarm user shall obtain an alarm user permit for each alarm system he operates within the City from the Police Chief. This Paragraph does not require that an alarm business obtain a permit under this Section when it leases or provides services to alarm system users. 12.30.070 Alarm User Permit Application: The alarm user applying for the permit required in Section 12.30.060 shall state on a permit application furnished by and filed with the Police Chiefs his name, the address of the business or businesses in or upon which the alarm system has been or will be installed, his telephone number, the type of alarm system (intermediary dialer, direct, etc.), the alarm business or businesses selling, installing, monitoring, inspecting, responding to, maintaining, or responding to and maintaining the alarm system, and the name and telephone number of at least one other person who can be reached at any time of the day or night, and who is authorized to respond to an alarm signal and who can open the premises in which the alarm system is installed. 12-12 r , I 12.30.080 Alarm User Registration Form: Alarm user permit forms shall be sent to each registered alarm user annually by June 30th of each year. Each alarm user is responsible for completing the form and returning it to the Communications Center prior to July 20th of each year. i 12.30.090 Alarm System Use Without Permit: Any alarm system user who operates an alarm system controlled by this z Chapter without first obtaining a permit as required by this Section, or who fails to disconnect his alarm system after having a permit revoked or suspended and after exhausting , his rights to hearing and appeal, shall be in violation of this Chapter. 12.30.100 Automatic Dialing Device: (a) No automatic dialing device shall be interconnected to a primary trunk line (listed number) of the Communications Center after the effective date of this Chapter. _ (b) Within 90 days after the effective date of this Chapter, all automatic dialing devices interconnected to such a primary trunk line shall be disconnected therefrom. The owner or lessee of such device shall be responsible for having the device disconnected within the 90 day time period. I (c) Automatic dialing devices designed to transmit i signals directly to the Communications Center may be inter- connected to a special trunk line into the Communications Center. Before such a device is interconnected to a special trunk line, the person performing this operation shall first obtain instructions from the Communications Center concerning the procedure to be followed. The Communications Center shall designate the number to be used for this purpose. (d) Persons owning or leasing an automatic dialing device may have the device interconnected to a telephone line transmitting directly to: (1) A central station; (2) A modified central station, or (3) A licensed answering service. (e) The relaying of messages by intermediate services to the Communications Center shall be over a special trunk line, and the number to be used for this purpose to be designed by the Communications Center. `(f) Automatic dialing devices may also be interconnected -- to one or more telephone numbers available to the owner or lessee of the devices, or their designated representatives, —_ at another location. 12.30.120 Automatic Dialing Device Standards: Automatic devices installed on any premises which are'Interconnected to a special trunk line transmitting signals into the Com- munications Center shall meet the following minimum standards: I � 1 12-13 Fr - /',ems_ r (a) The contents of the recorded message to be transmitted by such a device must be intelligible and in a format approved by the Police Chief, or his designee, as appropriate for the type of emergency being reported. (b) Upon a single stimulus of the alarm device, an automatic dialing device may place no more than two separate calls to the Communications Center via the special trunk line. There must be at least 3 minutes between the completion of the first call and the initiation of the second, and the second call must be clearly identified as a second call. (c) Messages transmitted during such calls, stating the exact location and nature of the alarm condition, shall not exceed 15 seconds in length. (d) The sensory apparatus and hardware comprising such devices shall be maintained by the owner or lessee in such physical condition that false alarms will be minimized. (e) This section shall apply only to those automatic dialing devices interconnected to the Communications Center. (f) Failure to comply with any provision of Sections 12.30.060 through 12.30.110 shall result in immediate suspension of the user permit upon order of the Police Chief. Such suspension to be in effect until the Police Chief is satisfied that provisions are being complied with. W1 12.30.120 Direct Connection to the Communications Center: (a) Upon the favorable recommendation the Police Chief and the approval of the Council, alarms from business premises and financial institutions may be connected so as to be received in the Communications Center. (b) The City shall have the authority to request bids from licensed alarm companies to furnish, at no cost to the City, a standard annunciator panel for the purpose of annunciating alarms in the Communications Center. The bids shall state the annual service fee each alarm subscriber shall be required to pay the private alarm company for services rendered with respect to such annunciator panel. Such services shall be set forth in the form of a written contract between the private alarm company and each subscriber. This Paragraph, however, relates solely to annunciator panels, connections to annunciator panels by subscribers, and fees and charges related to the installation and maintenance of such panels. Any subscriber who obtains authority from the Police Chief to terminate its alarm system in the Communications Center may contract with any licensed alarm business of its choice for the sale, installation, maintenance, servicing, or maintenance and servicing of the alarm system to be installed on its premises. (c) The alarm subscriber approved for a direct connection to the Communications Center, or the alarm business contracting for servicing the subscriber's alarm system, shall be responsible for obtaining the leased telephone line between the subscriber's premises and the alarm receiving equipment at the Communications 12-14 r1 —,. r 0. Center, and for furnishing the appropriate interface equipment, if required, in order to provide an input signal which is compatible with the receiving equipment used to operate the annunciator panel. (d) The provisions contained in Sections 12.30.060 and 12.30.130 concerning alarm user permits and false alarms shall apply to subscribers having direct connect systems, except governmental entities specifically exempted by the Council. 12.30.130 False Alarms: (a) More than 4 false alarms in a 6 month period, January through June or July through December, from any alarm system for which an alarm user Permit has been obtained may constitute grounds for revocation of such permit, subject to the provisions of this Section. (b) After the Communications Center has recorded 4 "false alarms" within such a 6 month period from any alarm user permit holder, the Police Chief or his designee shall notify the permit holder of such fact in writing, by first class mail or personal delivery, and require that the permit holder submit to the Police Chief, within 15 days of such notice, a report describing efforts to discover and eliminate the cause or causes of the false alarms. However, if the alarm user requests an extension of time to file the report because of absence from the City or any other reasonable cause, the Police Chief shall extend the 15 day period for a reasonable period. If the permit holder fails to submit such a report within 15 days or within any such extended period, the Police Chief may revoke the user's permit, and under such circumstances the user shall not be entitled to a hearing or appeal under this Section. (c) If after submission of a report required by (b) of this Section, the alarm system of the permit holder incurs one or more false alarms during the same 6 month period, the Police Chief may require by written notice, in accordance with procedures outlined in (b) of this Section, that the permit holder do one or both of the following: (1) Have an alarm business inspect his system and provide a written report to the permit holder and Police Chief of any problems of deficiencies noted. (2) Attend a hearing before the Police Chief and present cause as to why his permit should not be revoked or suspended. After the hearing the Police Chief may issue an order of revocation or suspend the permit until such time that he is satisfied that the cause or causes of the false alarms have been eliminated. Failure to comply with the requirements above as directed by the Police Chief may result in revocation or suspension of the alarm user permit in accordance with procedures in (b) of this Section. 12-15 (d) Any person whose permit has been revoked or suspended (except under (b) above or for failure to comply with require- ments in (c) above) shall have the right, within 10 days after receiving notice of revocation from the Police Chief, to file with the City Clerk a written appeal to the Alarm Commission,,and no alarm user shall be required to discontinue use of his alarm system prior to the expiration of such 10 day period. Such appeal shall set forth the specific grounds upon which it is based. The Alarm Commission shall hold a hearing on the appeal within 15 days after its receipt by the City, and shall cause the appellant to be given at least 5 days written notice of such hearing. The appellant or his designated representative shall have the right to present written or oral argument, or both, in support of his appeal. The Alarm Commission shall issue its decision within 10 days after the hearing. (e) The decision of the Alarm Commission will be binding on both the City and the alarm user unless appealed to the Council. Within 10 days after receiving notice of the decision, the party wishing to appeal the decision of the Alarm Commission, must file written notice with the City Clerk for appearance before the Council of motion of appeal. (£) If a permit holder files an appeal pursuant to Paragraph (d) or (e) of this Section, he shall not be required to discontinue the alarm system until a final decision is made on his appeal. (g) An alarm user whose permit has been revoked is not precluded under this Section from applying for a new permit. The Police Chief is not required to issue a new permit unless he is satisfied that the alarm user's system has been properly serviced and its deficiencies corrected. The Police Chief may impose reasonable restrictions and conditions upon issuing a new permit to an alarm user with respect to the particular system for which the permit was revoked. 12.30.140 Testing of Equipment: No alarm system designed to transm t emergency messages directly to the Communications Center shall be tested or demonstrated without first obtaining permission from the Police Chief or his designee. Permission is not required to test or demonstrate alarm devices not transmitting emergency messages directly to the Communications Center unless the messages are to be relayed to the Communications Center. Any testing or dem- onstration of equipment without first obtaining of permission will be considered as a false alarm for purpose of this Chapter. 12.30.150 Penalties for violation: The failure of any person to: (a) obtain an alarm user permit as required in Section 12.30.060 or t� 12-16 I'i - - - - - -- - - --- -` - __ -_. -- -- --- -.- --- - --- - _ -- -- _ -. - (b) obey any order of the Police Chief, Alarm Commission, or Council of suspension or revocation of an alarm user permit after such person has exhausted his rights to hearings or appeals, constitutes an offense punishable by a fine of up to $200. Each day that such violation continues shall constitute a separate offense. _ I �i i C E. � 1 [. 4 i r ' e ft .. =1i 12-17 ,1 w- - - - -- --•.,-- CITY OF KENAI ORDINANCE NO. 585-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALAKSA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS nY $75, 000 IN A NEW CAPITAL. PROJECT FUND ENTITLED "SOFTBALL FIELDS COMPLEX." WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $600,000 for the construction of a youth center and a softball field complex, and WHEREAS, the Kenai Recreation Commission has requested that $75,000 of these monies be appropriated toward construction of a softball field complex to include three softball fields, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations be made: Softball Field Complex Increase Estimated Revenues: State Grants $75,000 Increase Appropriations: Construction 75,000 . PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance Director First Reading: July 2, 1980 Second Reading:July 16, 1980 Effective Date: July 16, 1980 ! �— ----� -.- _ _ _ _ _ _ _ _ _ _ _ _ _ T� r �-r � �-� � ice-• -ar- '�- a CITY OF KENAI ORDINANCE NO. 586-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $525*000 IN A NEW CAPITAL PROJECT FUND ENTITLED "YOUTH CENTER." WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $600,000 for the construction of a youth center and a softball field complex, and WHEREAS, the Kenai Recreation Commission has requested that $525,000 of these monies be appropriated toward construction of a youth center, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations be made: Youth Center Increase Estimated Revenues: State Grants $525,000 Increase Appropriations: Administration $ 300 Engineering 4,700 Inspection 15,000 Construction 480,000 Contingency 25,000 25 0 0 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1980. VINCENT O 1 REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finances_ First Reading: July 2, 1980 Second Readings July 16, 1980 Effective Dates July 16, 1980 CITY OF KENAI ORDINANCE NO. 587-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE 1980-81 GENERAL FUND BUDGET FOR A GRANT FROM THE STATE OF ALASKA THAT WILL BE CONVEYED TO THE KENAI PENINSULA COMMUNITY CARE CENTER. WHRERAS , The State of Alaska has offered the City, of Kenai a grant in the amount of $150,000 as additional funds for the construction and furnishing, of children' homes, and WHEREAS, it is intended that these monies be used to supplement an earlier grant of $250,000 from the State of Alaska made directly to the Kenai Peninsula Community Care Center , and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. The following increases in estimated revenues and appropriations in the 1980-81 General Fund Budget be made: Increase Estimated Revenues: State Grants $150,000 Increase Appropriations: Non -Departmental - Grants to Other Agencies 150,000 2. The City of Kenai enter into a grant agreement with the Kenai Peninsula Community Care Center which will require that organization to administer the grant according to all the grant conditions set forth in Article I of the grant between the State of Alaska and the City of Kenai. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 18th day of July, 1980. VINCENT O'REILLY , MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance Director efIll First Reading: July 2, 1980 Second Reading: July 16, 1980 Effective Date: July 16, 1980 i� t R .. CITY OF KENAI ORDINANCE NO. 587-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $150,000 IN THE 1980-81 GENERAL FUND BUDGET FOR A GRANT FROM THE STATE OF ALASKA THAT WILL BE CONVEYED TO THE KENAI PENINSULA COMMUNITY CARE CENTER. WHRERAS , The State of Alaska has offered the City of Kenai a grant in the amount of $150.000 as additional funds for the construction and furnishing of childrens' homes, and WHEREAS, it is intended that these monies be used to supplement an earlier grant of $250,000 from the State of Alaska made directly to the Kenai Peninsula Community Care Center, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that: 1. The following increases in estimated revenues and appropriations in the 1980-81 General Fund Budget be made: Increase Estimated Revenues: State Grants $150,000 Increase Appropriations: Non -Departmental - Grants to Other Agencies 160,000 �1 - _ .......... lllpl� CITY OF KENAI ORDINANCE NO. 588-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 22.05 TO CLARIFY SECTION 70 ON PROPERTY EXCHANGES AND TO ENACT A NEW SECTION FOR SALE OF CITY -OWNED LAND TO THE OWNER OF ADJACENT PROPERTY WHERE NO OTHER USE WOULD BE FEASIBLE. WHEREAS, KMC 22.05.070 relating to property exchanges appears to need clarification, and WHEREAS, parcels of City -owned land may at times b@@,�,,o,f such small size or such location that they could be putVo practical use except by the owner of adjacent property, particularly where street improvements and frontage strips are concerned, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: That KMC 22.05.070 is hereby amended as follows: "22.05.070 Property Exchanges: The Council may approve, by resolution, pub c notice and an opportunity for public hearing, the conveyance and exchange of a parcel of City property for property owned by another person subject to such con tons as Council may impose on the exchange, whenever in the judgment of the City Council it is advantageous to the City to make the property exchange." Section 2: That the Kenai City Code of Ordinances is hereby amen ed by adding a new section to be numbered 22.05.075 which shall read as follows: "22.05.075 Property Sale to Adjacent Owners: The Council may approve, by resolution, after public notice and an opportunity for public hearing, the sale and conveyance of a parcel of City property at its appraised value to the owner of adjacent land whenever, in the judgment of the City Council, the parcel of land is of such size or location that it could not be put to practical use by any other party and, in addition thereto, where there is no foreseeable need of the land for any future use by the City." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Readings July 2, 1980 Second Readings July 16, 1980 Effective Date: August 16, 1980 r"1 CITY OF KENAI ORDINANCE NO. 589-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $20,000 IN A NEW SPECIAL REVENUE FUND ENTITLED "KENAI BOROUGH SENIOR CITIZEN GRANT." WHEREAS, the Kenai Peninsula Borough has granted $20,000 to the City of Kenai to be used for the Kenai Senior Citizen Program, with $12,000 designated for personal services and $8,000 designated for the purchase of a van, and WHEREAS, the senior citizen coordinator desires that the fund designated for personal services be used to hire an assistant to the cook, 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 special revenue fund entitled "Kenai Borough Senior Citizen Grant" be increased as follows: Increase Estimated Revenues: Kenai Peninsula Borough Grant 20 000 Increase Appropriations: Salaries $ 8,256 FICA 425 ESC 133 Workmens Compensation 276 Accrued Leave 340 PERS 570 Health Insurance 2,000 Machinery & Equipment 8 000 20,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Wh day of July, 1980� VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: C��1 First Reading: July 2, 1980 Second Readings July 16;31980 Effective Date: July A*-,'�1980 n CITY OF KENAI ORDINANCE NO. 590-80 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING TITLE 23 OF THE KENAI MUNICIPAL CODE TO ESTABLISH A NEW POSITION ENTITLED "ADMINISTRATIVE COORDINATOR." WHEREAS, the State of Alaska has awarded a grant to the City of Kenai in the amount of $500,000 for a harbor study, and WHEREAS, it is the City Council's desire that a portion of these monies be used to hire an Administrative Coordinator and a secretary, and WHEREAS, the position of Administrative Coordinator has not yet been established in the classification plan of the personnel ordinance, and = WHEREAS, it is the City Council's desire that the pay range , for the Administrative Coordinator be set at 1117." NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,• as follows: Section is That KMC 23.50.010(b) is hereby amended as follows: - (b) ADMINISTRATIVE SUPPORT 201 Department Assistant I 3 202 Department Assistant II 7 203 Administrative Assistant 8 204 Accounting Technician I 10 205 Accounting Technician iI 11 206 Accountant 16 207 Administrative Coordinator 17 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk - Approved by Finances First Reading: July 2, 1980 J Second Reading: July 16, 1980 Effective Date: August 16, 1990 F— CITY OF KENAI ORDINANCE NO.591-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $500,000 IN A NEW CAPITAL PROJECT FUND ENTITLED "HARBOR STUDY." WHEREAS, the State of Alaska has offered the City of Kenai a grant in the amount of $500,000 for study and design of a small boat harbor in the Kenai River, and WHEREAS, the Kenai Advisory Harbor Commission has requested that approximately $400,000 be appropriated for engineering design and feasibility study, and that approximately $100,000 be appropriated for administrative support, 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 be made: Harbor Study Increase Estimated Revenues: State Grant $5001000 Increase Appropriations: Salaries & Wages $ 46,294 Accrued Leave 2,492 FICA 2,991 PERS 4,181 ESC 976 Workmens Compensation 234 Health Insurance 4,000 Office Supplies 11000 Operating Supplies 732 Communications 10000 Transportation 3,000 Advertising 11000 Printing & Binding 10500 Miscellaneous 600 Total operating budget 70,000 Engineering $400,000 Contingency Total capital budget 30 000 30,000 Total Appropriations $500,000 TA Ordinance No. 591-80, page 2 i. f PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th " day of July, 1980. ; k VINCENT O'REILLY, MAYOR ' ATTEST: } Janet Whelan, City Clerk i Approved by Finances tftl4 First Readings July 2, 1980 Second Readings July 16, 1980 Effective Dates July 16, 1980 J CITY OF KENAI _ P. O. 80X 0E0 KENAI, ALASKA 00611 TILIPNONE 483 . 7535 MEMO TO: KENAI CITY COUNCIL ��j� FROM: CHARLES A. BROWN, FINANCE DIRECTOR `' SUBJECT: HARBOR ORDINANCE (APPROPRIATION OF $500,000) DATE: JUNE 26, 1980 On the July 2, 1980 agenda will appear an ordinance appropriating $500,000 for a harbor study, including administrative services. The breakdown of appropriations by account was suggested by Gary Davis at $100,000 for administrative support and $400,000 for engineering. He suggested an upper salary limit of $34,000 for the Administrative Coordinator and an upper salary limit of $18,000 for a Secretary. The City Manager and I reviewed the salary table in the Personnel Ordinance. The City Manager recommends that, to keep reasonable parity with other employees, the Administrative Coorinator's pay range should be at 1117". Salaries in the proposed ordinance are as follows: Ranse Salary Benefits Total Administrative Coordinator 17B $ 28,682 $ 8,737 $ 37,419 Secretary 7B 17,612 6,137 23,749 Total 46 294 14.8�4 61 168 I will also prepare an ordinance adding this position in the Personnel Ordinance. If any member of the Council wishes to discuss another pay range at the Council Meeting (either July 2, 1980 or July 16, 1980), I would appreciate a telephone call so that I can have the proper figures ready for the meeting. �M ,r.-�T , .... _ __ -T- -ram• --�--'-�----. CITY OF KENAI RESOLUTION NO. 80-112 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 GENERAL FUND BUDGET: From: Parks -Improvements Other Than Buildings ($2, 500) To: Recreation - Professional Services 2,500 This transfer provides monies to hire an engineer to prepare bid documents for the Youth Center. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day Of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: G I I S.- - _ _-. ---- ; 6 i i R • CITY OF KENAI R O. SOX M KINA1. MASKA 99611 T[U/NONI 983 • 7336 MEMO TO: KENAI CITY COUNCIL FROM: CHARLES A. BROWN, FINANCE DIRECTOR DATES JUNE 27, 1980 SUBJECT: STATE (LEGISLATIVE) GRANTS In your July 2, 19$:Qsageuda p$CCar, ejte five (5) Resolutions accepting five (b gfa�ii gf6m the StBti l��� Alaska. The � explanations a te' details that .i(i r on the, l?'" -half of the x e Y 1 first page of"- h 'grant were pravtded by ,the City: If the Council wishes to -add delete, �tfl -of th4_explanations, this may be dq#e at the July ,j;chan* 80 q�uncii meet u '\- ��i CITY OF KENAI RESOLUTION 80-113 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT IN THE AMOUNT OF $500,000 FROM THE STATE OF ALASKA , DEPARTMENT OF ADMINISTRATION FOR THE PURPOSE OF HARBOR STUDY AND DESIGN. WHEREAS, the City of Kenai has been offered a grant in the amount of $500,000 from the State of Alaska for the purpose of harbor study and design, and WHEREAS, the State of Alaska requires that this prant be accepted by the Council of the City of Kenai by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, AI{ASKA, that this grant (Grant Number 8-054) in the amount of $500,000 from the State of Alaska be hereby accepted. VINCENT O'REILLY, MAYOR i 1L �..'T___�-ter- _T .-ram � _ �- /^•„'' --�' STANDARD AGREEMENT FORM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"), and City of Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terns of this agreement; Whereas, the State has the authority to enter into this agreement by AS 37.05.316, Whereas, funding for this grant lapses _ on June 30, 1981 XX upon canpletion of the protect, Whereas, the grant d 8.054 of $ 500_000is for the ' purpose of harbor study and design (please provide further explanation and r details in the space provided), Engineering design and feasibility study for a small boat harbor in the Kenai river, including administrative support services. 4 C f c r—.___ . NOW THEREFORE, the parties hereto agree as follows - ARTICLE I. GRANT CONDITIONS. The Grantee* (1) will spend the qrant only for the Purposes specified above. (2) will allow on request, an audit by the State of the uses made of the grant. (3) assures that, to the extent consistent with the purpose of the appropriation, the facilities and services provided with the grant will he available for use of the general public. (4) will return to the State all grant funds received for construction of a public facility if the State, upon reviewing the documentation provided and other evidence, determines that substantial, ongoing work on the Project has not begun before 'lay 31, 1985. (5) will, for all grants for construction of a public facility, operate and maintain the facility for its practical life and that It will not look to the State to operate or maintain the facility or pay for its operation or maintenance. (6) will provide the State, annually and within 90 days of project completion or final payment, whichever comes first, with a "financial report" on a copy of the form provided in exhibit 1. (7) will, if the grant money is being paid in monthly in- stallments, submit a monthly "financial report" on a form as shown in exhibit 1. (8) will retain for a period of 3 years after project com- pletion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant. •;- (9) will return all unexpended qrant monies to the State within 90 days of protect completion. ARTICLE It. TER1S OF PAYMENT. For all Grants of S100,000 or less, 20 percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid in a lump sum 30 days later unless otherwise requested by the grantee. For all grants of S1O0,000 or greater, 20 percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid: (1) in monthly installments equal to the amount of grant money the grantee expended in the previous month. The monthly installment will be paid after the State receives a completed "financial report" form Ja sample of the required form is in exhibit 1); or 2) in a lump sun, on request, for a one time purchase provided that a copy of the purchase order (or other proof of funds committed) is attached to the request. oil The. amount of the grant is full consideration for the grantee's performance. ARTICLE III. ADDITIONAL CONTRACT PROVISIOMS. The effective date of this grant is the date the agreement is signed by the State. IN WITNESS WH ERMF, the parties have executed this agreement. Aoproved by Resolution # dated (copy attached). Grantee State of Alaska By: BY: na to (Official Title) (Official Title) Effective Date: DISTRIBUTION Grantee ( ) Administration ( ) Budgeted funds are available for the period and purpose of this expenditure. Certifying Officer Date 3/CLRIE CITY OF KENAI i RESOLUTION NO. 80-114 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT IN THE AMOUNT OF $150,000 FROM THE STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION FOR THE PURPOSE OF PROVIDING ADDITIONAL FUNDS FOR THE CONSTRUCTION AND FURNISHING OF CHILDRENS' HOMES. WHEREAS, the City of Kenai has been offered a Brant in the amount of $150,000 from the State of Alaska for the purpose of providing additional funds for the construction and furnishing of childrens' homes, and WHEREAS, the State of Alaska requires that this grant be accepted by the Council of the City of Kenai by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant (Grant Number 2-029) in the amount of $150,000 from the State of Alaska be hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of July, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk 1 STANDARD AGREEMENT FOAM ? FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"). and City of Kenai (Hereinafter called the "Grantee"). WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of 1 this grant under the terms of this agreement; Whereas, the State has the authority to enter into this agreement by AS 37.05.315, Whereas, funding for this grant lapses on June 30, 1981 XXupon completion of the protect, Whereas, the grant # 2-029 of $ 150.000 is for the ' purpose of providing additional funds for the construction and furnishing of childrens' homes,* _ (please provide further explanation and details in the space provided), *workshop and office space. r These monies will be granted from the City of Kenai to the Kenai Peninsula Community Care Center to supplement a $250,000 grant to that organization awarded by the State of Alaska, Department of Health and Social Services. t The Kenai Peninsula Community Care Center will be responsible for the proper disbursement of monies, and to ensure that monies are spent for the purposes stated above. C: a if NOW THEREFORE, the parties hereto agree as follows - ARTICLE I. GRANT CONDITIONS. The Grantee- (1) will spend the grant only for the Purposes specified above. (2) will allow on request, an audit by the State of the uses made of the grant. (3) assures that, to the extent consistent with the purpose of the appropriation, the facilities and services provided with the grant will he available for use of the general public. (4) will return to the State all grant funds received for construction of a public facility if the State, upon reviewing the documentation provided and other evidence, determines that substantial, ongoing work on the Project has not begun hefore 'lay 31, 1986. (5) will, for all grants for construction of a oublic facility, operate and maintain the facility for its practical life and that it will not look to the State to operate or maintain the facility or pay for its operation or maintenance. (6) will provide the State, annually and within 90 days of project completion or final payment, whichever comes first, with a "financial report" on a copy of the form provided in exhibit 1. (7) will, if the qrant money is being paid in monthly In- stallments, submit a monthly "financial report" on a form as shown in exhibit 1 (8) will retain for a period of 3 years after project com- pletion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant. •; (9) will return all unexpended grant monies to the State within 90 days of pro.iect completion. ARTICLE It. TEWS OF PAYMENT. For all grants of S100,000 or less, 20 percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid in a lump sum 30 days later unless otherwise requested by the grantee. For all grants of $100,000 or greater, 20 percent of the orant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid: (1) in monthly installments equal to the amount of grant money the grantee expended in the previous month. The monthly instailment will be paid after the State receives a completed "financial report" form %sample of the required fonn is in exhibit 1); or A n a lump surf, on request, for a one time purchase provided that a copy of the purchase order (or other proof of funds committed) is attached to the request. _.. �-�.�_ � ` � -� w� r --•� �� ,ram.. y. � _ a � .y.. � gyp, � f� _ �- lam. T r t t I The amount of the grant is full consideration for the grantee's performance. ARTICLE III. M DITIONAL CONTRACT PROVISIO11S. The effective date of this grant is the date the agreement is signed by the State. ; IN WITNESS WHEREOF, the parties have executed this agreement. Aoproved by Resolution 11 , dated (copy attached). Grantee State of Alaska II j By: BY: na to I (Official Title) (Official Title) Effective Date: DISTRIBUTION Grantee ( ) Administration ( ) Budgeted funds are available for the period and purpose of this expenditure. Certifying Officer Date 3/CLR1E i i i i f CITY OF KENAI RESOLUTION NO. 80-115 j A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT IN THE AMOUNT OF $2,100,000 FROM THE STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION FOR THE PURPOSE OF ROAD IMPROVEMENTS, INCLUDING WATER AND SEWER. WHEREAS, the City of Kenai has been offered a grant in the amount of $2,100000 from the State of Alaska for the purpose of road improvements, including water and sewer, and WHEREAS, the State of Alaska requires that this grant be accepted by the Council of the City of Kenai by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant (grant number 8-055) in the amount of $2,100,000 from the State of Alaska be hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of July, 1980. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk Approved by Finance: C a3 g STANDARD AGREEMENT FOPM FOR MUNICIPAL GRANTS This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"). and City of Kenai (Hereinafter called the "Grantee"), WITNESSET4 that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the State has the authority to enter into this agreement by AS 37.06.315, Whereas, funding for this grant lapses on June 30, 1981 I XX upon canpletion of the protect, Whereas, the grant # 8-055 of $2.1o0.0oo is for the ' purpose of road grid (please provide further explanation and i details in the space provided), This project is for road improvements for existing heavily traveled transportation routes throughout the city and for new roads to open up new commercial and industrial zoned areas. This would include the necessary water, sewer and street lighting that would have to be installed prior to completion of paving. Improvements would include water, sewers, street lighting, sidewalks, storm drainage, curbs and gutters, seeding, s traffic control markings, signing, paving, public parking areas, and other miscellaneous items. These commercial, industrial and other roads would Include parking improvements in and around public buildings. The general area for improvements would be within three miles from the heart of the city which is over 40 square miles in size. Y 1 s l' . NOW THEREFORE, the parties hereto agree as follows - ARTICLE I. GRANT CONDITIONS. The Grantee- (1) will spend the grant only for the Purposes specified above. (2) will allow on request, an audit by the State of the uses made of the grant. (3) assures that, to the extent consistent with the Puroose of the appropriation. the facilities and services provided with the grant will he available for use of the general public. (4) will return to the State all grant funds received for construction of a public facility if the State, upon reviewing the documentation provided and other evidence, determines that substantial, ongoing work on the Project has not begun before 'lay 31, 1985. (5) will. for all grants for construction of a oublic facility, operate and maintain the facility for its practical life and that it will not look to the State to operate or maintain the facility or pay for its operation or maintenance. (6) will provide the State, annually and within 90 days of project completion or final payment, whichever comes first, with a "financial report" on a copy of the fora provided in exhibit 1. (7) will, if the grant money is being paid in monthly in- stallments, submit a monthly "financial report" on a form as shown in exhibit 1. (8) will retain for a oeriod of 3 years after project com- pletion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant. •: (9) will return all unexpended grant monies to the State within 90 days of protect completion. ARTICLE It. TERMS OF PAYMENT. For all grants of S10O,000 or less, 20 percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will be paid in a lump sum 30 days later unless otherwise requested by the grantee. For all grants of $100,000 or greater, 20 percent of the orant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid: (1) in monthly installments equal to the amount of qrant money the grantee expended in the previous month. The monthly installment will be paid after the State receives a completed "financial report" form lasample of the required form is in exhibit 1); or 2) in a lump sum, on request, for a one time purchase provided that a copy of the purchase order (or other proof of funds committed) Is attached to the request. 1' y� j + r S The amount of the grant is full consideration for the grantee's performance. t ARTICLE III. ADDITIONAL CONTRACT PRQYISIOPIS. j The effective date of this grant is the date the agreement is signed by the State. IN WITNESS WHERMF, the parties have executed this agreement. Aoproved by Resolution 11 dated (copy attached). Grantee State of Alaska By: BY: Date (official Title) (Official Title) ` Effective Date: i DISTRIBUTION Grantee ( ) Administration ( ) Budgeted funds are available for the period and purpose of this expenditure. Certifying Officer Date i i is 3/CLR1E i t , I F: _ CITY OF KENAI RESOLUTION NO. 80-116 n L' A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT IN THE AMOUNT OF $750,000 FROM THE STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION FOR THE PURPOSE OF WATER AND SEWER IMPROVEMENTS. WHEREAS, the City of Kenai has been offered a grant in the amount of $750,000 from the State of Alaska for the purpose of water and sewer improvements, and WHEREAS, the State of Alaska requires that this grant be accepted by the Council of the City of Kenai by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant (Grant number 4-046) in the amount of $750,000 from the State of Alaska be hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of July, 1990. ATTEST: Janet Whelan, City Clerk Approved by Finance: eq J VINCENT O'REILLY, MAYOR STANDARD AGREEMENT FOAM FOR MUN I CI PAL GRANTS This agreement is executed between the State of Alaska, Department of Administration, (Hereinafter called the "State"), and Cit_ v of Kenai (Hereinafter called the "Grantee"), WITHESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the State has the authority to enter into this agreement by AS 37.05.315, Whereas, funding for this grant lapses g on June 30, 1981 j I _XL_ upon completion of the protect, Whereas, the grant iia-ea6 of $ no-poo is for the purpose of water and sewer (please provide further explanation and details in the space provided), ' This project is to provide the necessary water and sewer facilities for r development of commercial, industrial, and residential areas. Most of this area of development is within Section 36 T6N, R12W of Seward Meridian, Alaska and is owned by the City of Kenai. Besides helping in development, the water line will help in improvement of our present system by completing loops allowing service from more than one direction. I. N%.. r NOW THEREFORE, the parties hereto agree as follows - ARTICLE I. GRANT CONDITIONS. The Grantee- (1) will spend the qrant only for the Purposes specified above. (2) will allow on request, an audit by the State of the uses made of the grant. (3) assures that. to the extent consistent with the purpose of the appropriation, the facilities and services provided with the grant will he available for use of the general public. (4) will return to the State all grant funds received for construction of a ouhlic facility if the State, upon reviewing the documentation provided and other evidence, determines that substantial, ongoing work on the Project has not begun before 'lay 31, 1985. (5) will, for all grants for construction of a Public facility, operate and maintain the facility for its practical life and that it will not look to the State to operate or maintain the facility or pay for its operation or maintenance. (6) will provide the State, annually and within 90 days of project completion or final payment, whichever comes first, with a financial report" on a copy of the fora provided in exhibit 1. (7) will, if the grant money is being paid in monthly in- stallments, submit a monthly "financial report" on a form as shown in exhibit 1. (8) will retain for a Period of 3 years after project com- pletion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant. (9) will return all unexpended qrant monies to the State within 90 days of pro.iect completion. ARTICLE li. TERMS OF PAYMENT. For all grants of S1110,000 or less, 20 percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this aqreement. The remainder of the grant wi11 he paid in a lump sum 30 days later unless otherwise requested by the grantee. For all grants of S100,000 or greater, 20 percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid: (1) in monthly installments equal to the amount of grant money the grantee expended in the previous month. The monthly installment will be paid after the State receives a completed "financial report" form 1wample of the required form is in exhibit 1); or in a lump sun, on request, for a one time purchase provided that a copy of the purchase order (or other proof of funds committed) is attached to the request. The amount of the grant is full consideration for the grantee's performance. ARTICLE. III. ADDITIONAL CnNTRACT PREVISIONS. The effective date of this grant is the date the agreement is signed by the State. IN WITHESS WHEREnF, the parties have executed this agreement. Aoproved by Resolution # dated (copy attached). Grantee State of Alaska By:. BY: Da to (Official Title) (Official Title) Effective Date: DISTRIBUTION Grantee ( ) Administration ( ) Budgeted funds are available for the period and purpose of this expenditure. Certifying Officer 3/CLRIE Date CITY OF KENAI RESOLUTION NO. 80-117 ` t A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA ACCEPTING A GRANT IN THE AMOUNT OF $600,000 FROM THE STATE OF ALASKA, DEPARTMENT OF ADMINISTRATION FOR THE PURPOSE OF CONSTRUCTING A YOUTH CENTER AND MAKING OTHER RECREATION IMPROVEMENTS. WHEREAS, the City of Kenai has been offered a grant in the amount of $600,000 from the State of Alaska for the purpose of constructing a youth center and making other recreation i improvements, and ' 1 1 WHEREAS, the State of Alaska requires that this grant be accepted by the Council of the City of Kenai by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that this grant (grant number 2-030) in the amount of $600,000 from the State of Alaska be hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd - day of July, 1980. VINCENT O REILLY, MAYOR ATTEST: i Janet Whelan, C ty C erk Approved by Finance: e R I i I STANDARD AGREEMENT FOR4 t FOR MUNICIPAL. C#IANTS This agreement is executed between the State of Alaska Depar ent of Administration, (Hereinafter called the "State"). and MYof Kenai (Hereinafter called the "Grantee"), WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the State has the authority to enter into this agreement by AS 37.05.3159 Whereas, funding for this grant lapses on June 30, 1981 JX . upon canpletion of the project, Whereas, the grant # 2-030 of $ 600,000 is for the purpose of youth center (please provide further explanation and • details in the space provided), i 1. Construct youth center 2. Construct softball fields (3—field complex) ' 3. Any remaining funds to be used toward other parka and recreation Improvement or facilities NOW THEREFORE, the parties hereto agree as follows - ARTICLE I. GRANT CONDITIONS. The Grantee- (1) will spend the qrant only for the Purposes specified above. (2) will allow on request, an audit by the State of the uses made of the grant. (3) assures that, to the extent consistent with the Purpose of the appropriation, the facilities and services provided with the grant will he available for use of the general puhlic. (4) will return to the State all grant funds received for construction of a public facility if the State, upon reviewing the documentation provided and other evidence, determines that substantial, ongoing work on the Project has not begun hefore May 31, 1985. (5) will, for all grants for construction of a Public facility, operate and maintain the facility for its practical life and that it will not look to the State to operate or maintain the facility or pay for its operation or maintenance. (6) will provide the State, annually and within 90 days of project completion or final payment, whichever comes first, with a "financial report" on a copy of the form provided in exhibit 1. (7) will, if the grant Taney is being paid in monthly in- stallments, submit a monthly "financial report" on a form as shown in exhibit 1. (8) will retain for a period of 3 years after project com- pletion all contracts, invoices, materials, payrolls, personnel records, conditions of employment, and other data relating to matters covered by the grant. s (9) will return all unexpended grant monies to the State within 90 days of protect completion. ARTICLE It. TERIS nF PAYMENT. For all grants of SVO,000 or less, 2A percent of the grant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the qrant will he paid in a lump sum 30 days later unless otherwise requested by the grantee. For all grants of S100,000 or greater, 20 percent of the orant shall be paid to the grantee, as an advance, within 10 days of the effective date of this agreement. The remainder of the grant will he paid: (1) in monthly installrients equal to the amount of grant money the grantee expended in the Previous month. The monthly installment will be paid after the State receives a completed "financial report" form 1asample of the required form is in exhibit 1); or 2) in a lump sum, on request, for a one time purchase provided that a copy of the purchase order (or other proof of funds committed) is attached to the request. The amount of the grant is full consideration for the grantee's performance. ARTICLE III. ADDITIONAL CONTRACT PROVISIONS. The -effective date of this grant is the date the agreement is signed by the State. IN WITNESS WHEREOF, the parties have executed this agreement. Approved by Resolution # dated (copy attached). Grantee State of Alaska By: BY: Date (Official Title) (Official Title) '4 Effective Date: DISTRIBUTION Grantee ( ) Administration ( ) Budgeted funds are available for the period and purpose of this expenditure. Certifying Officer Date 3/CLR1E t -- t11) CITY OF KENAI RESOLUTION NO. 80-118 S IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA FIAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-81 SNERAL FUND BUDGETS From: Animal Control - Operating Supplies 0 50) To: Animal Control - Repair & Maintenance $50 his transfer provides monies for the repair of the telephone nswering machine at the Animal Shelter. ASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd ay of July, 1980. VINCENT O'REILLY, MAYOR TTEST: anet Whelan, City Clerk pproved by Finances f, I r 4 DATE June 19 1990 + - ---- —� O URGENT BROWN CONSTRUCTION CO., INC. 0 800N A8 Poss/BLE General Contractors FILENO. - -- __-- ❑ NO REPLY NEEDED ti Box 1313 KENAI, ALASKA 99611 ATTENTION _ Reith_Kornelis ro (907) 262.6419 suavECT Kenai Sewage Treatgekt_pjQnt_ City of Kenai Project # K12920 B1 P.O. Box 580 Kenai, Alaska 99611 MESSAGE Brown Construction Co. would like to purchase sand from-tho_City—of Kenai from its sand pit at the Airport. It is to be placed_at the Kenai Sewage Treatment Plants new construction site. The measuremer►t of sand wpxl.be the survey crossection method tT-Stan McLane_& Assoc.,_ -arid tc be�aic(�or { by Brown Construction Ce_ Thu eQ+imnaea 13+000 yds. We offer fifty cents .D00-)J-yard. MNED wo, V?EPLY DATE OF REPLY 9/ONED ---•-ems_-�.- �. �-�-� -� ��.. � � � ��� I �� � _ ��__ 1� .�.��..� f PENINSULA ENGINEERING lop .#140 Va oFi,�c�i, asi �iBD ! Li*vG 6 «i+ JC /. ✓?� C�� P (3) lt4.lr /Jaya hor.v or- vytel 6efa-e June 23, 1980 par;.,' Re .t9iol /t w1`// s e„J Mr. Keith Kornelis City of Kenai P.O. Box 580 Kenai, Alaska 99611,coo Res Pidalgo Subivision Street Improvements Project80-054 Dear Keith: v Enclosed is a statement of fees expended on this project by Peninsula Engineering. Please submit for approval and payment at your earliest convenience. Fee Statement: i i Field Surveying $2,100.00 ; Soils Investigation 2,500.00 Engineering Design 11,280.00 Engineering Drafting 2,500.00 Clerical 1,200.00 Reproduction (xerox & blueline) 522.00 _ 0/ $20,102.00 x e i— l fr 0 9/, b'•o I have not included any compensation for the additional work performed as aiI a result of the storm drain and entry way paving which we provided for the City Hall project which we feel was in addition to this contract. I Al will include this in our final statement at a later date. i Since this is our first request for payment on this project I would appreciate it very much if you would expedite payment. pp Sincerely, t ! Wayne ndera6n �0 L'o,� ` WH: sa = - -- r — —...... ....... _... . ..................... P.O. Box ewe •-S6Lo0r11A. ALASKA 9M9' a 2e1-0e37 776 — 016PSs 0 CH2M 1HILL �y engineers planners econoniists scientists City of Kenai Box 580 Kenai, Alaska 99611 Attn: Mr. Bill Brighton, City Manager Anchorage Office Denali Towers North 2SS0 Denali Street, 81h floor Anchorage, Alaska "501 Date Project No. Client Ref. No. Invoice No. June -16, 1980 K12720.Z2 10145 INVOICE For professional services from April 25, 1980 through May 24, 1980 regarding the Sewage Treatment Plant services during construction For detail regarding this billing period refer to Progress Report No. 14. Professional Services $2,221.21 Expenses 874.28 Fee �r �, 464.51 $3,560.00 ,r AMOUNTDUE . . . .- . . . . . . . . . . . . . . . . . . . . $3,560.00 APPROVFD BY CITY AP KFNAI HI J •' t,1nr^�FP ....««. .» i��IL�pPICl: ..��._... I pr.�, li'� 1' ... ....... -....................... ....... ....... ».._.._............. ». Or.111tAL CVY TO ....F, irl.!l� a.sf i................ .» .....« ? Jvr �4 M► M' 1 CvMJfJ'gC'fr 0• � h4eya' i.. O IPA op. 9sby /S 3 0 0� t 7 6, 6Sy 1y7�.192 8'/ /.r7 PAYABLE ON RECEIPT Of INVOICE, FINANCE CHARGES WILL BE ASSESSED A 1 PERCENT PER MONTH FOR MAXIMUM (PERMISSIBLE) UNDER STATE LAWI ON ALL ACCOUNTS OVER 30 DAYS PAST DUE UNLESS STATED OTHERWISE IN OUR CONTRACT. Au �1460 CH2M ImHILL engineers planners economists scientists City of Kenai Box 580 Kenai, Alaska 99611 Attn: Mr. Bill Brighton, City Manager RECEIVED Anchorage Office Denali Towers North 2550 Denali Street, 8th Floor Anchorage, Alaska 99501 i. Date June 16, 1980 Project No. K12720.00 Client ReL No. Invoice No. 10146 i; i For professional services from April 25, 1980 through May 24, 1980 regarding the Sewerage Projects de�sion. For detail regarding this billing period refer to Progress Repprt No . 14� . Professional Services $15,195.58 Expenses 1,457.69 Denali Drilling (Soils) 4,340.00,1 Fee & /.S"7. 3,146.73 $24, 9-' AMOUNTDUE . . . . . . . . . . . . . . . . . . . . . . . . $24,140.06 C oa-tea of 3 y0, 3 Ar i He cd ;,,;,.,;:c�••.� : •r c..;., M� .._..�, P�o�. Rat ..........» BJA11/E11 PAYABLE ON RECEIPT OF INVOICE, FINANCE CHARGES WILL BE ASSESSED AT 1 PERCENT PER MONTH )OR MAXIMUM II MMISSIBLO UNDER STATE LAW) ON ALL ACCOUNTS OVER 30 DAYS PAST DUE UNLESS STATED OTHERWISE IN OUR CONTRACT. W1 711V t P TA -- - r - CH2M ' I/ .11AHILL engineers planners i I economists scientists June 17, 1980 K12720.00 ..C�;VrD i GY C... 7M Mr. Bill Brighton, Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Brighton: Re: Kenai Sewerage Projects Progress Report No. 14 During May 1980 we provided services for the modification of the design for the Mission -Cook interceptor sewer and pre -contract award services during construction for the sewage treatment plant. The status of the outfall remained essentially unchanged. Major progress during the May billing period is summarized as follows: Sewage Treatment Plant o Coordinated with agencies and received approval for award of contract to Brown Construction Company E Associates, JV. o Developed agenda, scheduled and attended pre -construction conference and contract signing in Kenai on June 3, 1980. o Corresponded with Brown, subcontractors, and suppliers on numerous occasions. o Prepared and delivered to Brown six full-size sets of drawings and specifications In accordance with the contract documents. o Corresponded with HEA and assisted the City regarding relocation of the power line near the sewage treatment plant. Interceptor o Supervised soils drilling by Denali Drilling; analyzed results for Interceptor redesign. Anchorage Office Denali Towers North, 2SS0 Denali Street, 8th floor, Anchorage, Alaska "SM 907/278-ZSSI Li IF Mr. Bill Brighton K12720.00 June 17, 1980 Page 2. o Redesigned a portion of the interceptor for shallower bury. o Submitted revised drawings to KUSCO, Glacier State, and Homer Electric Association for review and comment. } We presently plan to have the interceptor project ready for bid adver- tisement by June 30. Outfall No significant progress during this billing period. The following table summarizes cost data for engineering services through May 24, 1980. The task designations correspond with our engineering services agreement and the subsequent amendments. Previously Task Authorized Billed This Bill Total A. Design Services $340,325 $299,130 $24,100 $323,230 B. Services During Construction 95,514 15,300 3,560 18,860 C. Onsite Inspection 147,392 -0- -O- -0- D3-8, E1, 6 81,157 -0- -0- -0- Special 6 Other Sincerely, IA,44;�'Aw* Loren D. Leman, P.E. bja cc: Keith Kornelis Gordon Nicholson 1' . J J •' APPLICATION AND CERTIFICATE FOR PAYMENT AIA DOCUMENT G702 2 PAGF ONE OF PAGES TO (Owner): City of Kenai PROJECT: Kenai City AdministratidAPLICATION NO: #1 Distribution to: i Building T-) OWNER PERIOD FROM: 6-1- ARCHITECT TO:6-30- [) CONTRACTOR O ATTENTION: Carmen V. Gintoli, Architect CONTRACT FOR: OMNI NORTH ARCHITECT'S PO Box 3504 Construction Co. pR0)ECT NO: Kenai, AK 99611 CONTRACT DATE: CONTRACTOR'S APPLICATION FOR PAYMENT F CHANGE ORDER SUMMARY — _J Change Chder, approved ADDITIONS in pre%inua months by Ote ner roTnl. Approved) this Month Number Dale Approved DEDUCTIONS TOTALS Net change by Change Orders The undersigned Contractor certifies that Ito the best of his knowledge, iniormation and belief the Work covered by this Application for Pae ment has been completed in accordance with the Contract Docu• Application is made for Payment, as shown below, in connection with the Contract. Contlnuation Sheet, AIA Document G703, is attached. The present status of the account for this Contract is as follows: ORIGINAL CONTRACT SUM ....................... $ 1,088,130 Net change by Change Orders .....................$ 0 CONTRACT SUM TO DATE ........................ $ 1,088,130 TOTAL COMPLETED & STORED TO DATE ........... $ 113,730 ✓ (Column G on G703) RETAINAGE 10 -/o ............. $ 11,373 ✓ or total in Column I on G703 TOTAL EARNED LESS RETAINAGE .................. $ 102,357 3- LESS PREVIOUS CERTIFICATES FOR PAYMENT ....... $ 0 ments, that all amounts have been paid by him for Wnrk for which 102,357 previous Certificales for Payment were issued and payments receiver) CURRENT PAYMENT DUE ......................... $ from the Owner, and that current payment shown herein is nmv due. CONTRAcroR:OI 0 H Cons tructionCom an State of: Alaska 31101111 v dicial —District P y Subscribed and swgrn t6 befor me, this day of Au qq ,19 By: r Date:n �b Notary Public; My Commissio p res: ARCHI CT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED ............................ . $ 0 2, s sl In accordance with the Contract Documents, based on on -site obser• (Attach explanation ff amount certified differs from the amount applied for.) vations and the data comprising the above application, the Architect ARCHITEC certifies to the Owner that the Work has progressed to the point ` V ` qV indicated, that to the best of his knowledge, information and belief, By: Date: the quality of the Work is in accordance with the Contract Docu- ments; and that the Contractor is entitled to payment of the AMOUNT This Certificate Is not ne otiable. The AMOUNT CERTIFIED is payable othe Contractor CERTIFIE" named herein. Issuance, payment and acceptance of payment are without nre)udice to any rights of the Owner or Contractor under this Contract. AIA DOCUMENT G702 • APPLICATION AND CFRTIFIC:AIE FOR PAYMENT • APRIL 1978 EDITION • AIAQ' • Ce 1978 TA CONTINUATION SHEET AIA VOCUMENI'c703 pAGE 2 OF 2 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing APPLICATION NUMBER: Contractor's signed Certification Is attached. APPLICATION DATE: In tabulations below, amounts are stated to the nearest dollar. PERIOD FROM: Use Column I on Contracts where variable retainage for line items may apply. TO: ARCHITECT'S PROJECT NO: A 8 C D E F G H 1 ITEM No. DESCRIPTION OI WORK SCHEDULED VAIUE WORK COMPLETED TOTAL COMPLETED AND STORED % BALANCE TO FINISH RETAINAGE This Application Work In Place Stored Materials (not In D or E) Previous Applications TO DATE fD+E+F► (G+C) (C-G) 1 general requirementi 93,420 0 51,390 0 51,390 55 42,030 5,139 2 sitework 46,073 0 25,340 0 25,340 55 20,733 2,534 3 concrete 116,436 0 31,430 0 31,430 27 85,006 3,143 5 metals 176,177 0 0 0 0 0 176,177 0 6 wood,plastics 14,140 0 0 0 0 0 14,140 0 7 thermal,moisture pro. 61,677 0 0 0 0 0 61,677 0 8 doors,windows,hardw, 58,065 0 0 0 0 0 58,065 0 9 finishes 163,828 0 0 .0 0 0 163,828 0 10 specialties 11,180 0 0 0 0 0 11,180 0 11 equipment 1,004 0 0 0 0 0 1,004 0 12 furnishings 5,180 0 0 0 0 0 5,180 0 14 elevator 50,400 0 0 0 0 0 50,400 0 15 mechanical 156,150 0 5,570 0 5,570 3.5 150,580 557 16 electrical 134,400 0 0 0 0 0 134,400 0 fhko x �rx r 1 088 130 0 113 730� 0 AIA DOCUMENT GM • CONTINUATION SHEET • APRIL 1978 EDITION • AIAO • © 1978 THE AMERICAN INSTITUTE OF ARCHITECTS,1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006 - -- - GM-197a W ME 3 ' UNWIN • SCMEBEN • KORYNTA • NUETTL 61515 A STREET ANCMORAOE a AK. 88803 276.4E45 N I "CITY OF KENAI DATE 06/13/80 C/O KORNELIS P.O.BOX 580 INVOICE NO. 0609279 KENAI AK 99611 COST. NO. 5000150 00, JOB NO. 9279 p APPROM BY 0" rp MEWAI /► KENAI MAP 49 1/4 SECS. J r*^r�7Al1AG�R 1�^tYA�it•E .....��.,.„,.»_ VU>t!r, witPt(a t1 S"Ttt^ .• N . fly GLAHK a • i I Y FOR PROFESSIONAL SERVICES RENDERED: RETAINAGE $9 100.00 ♦ t�•�� y , fr •~ PRINTS 1.0� 13.00 few �' `� A s s "Ft•+4/ TOTAL 10113.00 TERM 1YA per month service charge on all past due accounts. To avoid additional Service Charge. pay balance due within IS daYS or the date or the billing. *Please return yellow copy with payment. 6 CITY OF KENAI ORDINANCE NO. 59 a •- 6'0 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA APPROPRIATING $6,148.98 IN THE 1980-81 AIRPORT LAND SYSTEM SPECIAL REVENUE FUND BUDGET FOR MAINTENANCE OF A GRAVEL AIRCRAFT PARKING RAMP. WHEREAS, to accommodate aircraft flying fish this summer, it will be beneficial to maintain a gravel aircraft parking ramp along Taxiway "C" ; to be available for lease to fish processors, and WHEREAS, it is estimated that gravel and equipment rental will amount to $6,148.98, and WHEREAS, monies are available in the Airport Land System Fund to provide City labor to the project, and WHEREAS, approximately $38,269 is available in the Airport Land System Fund Balance, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT the following increases in estimated revenues and appro- priations be made: Airport Land System Fund Increase Estimated Revenues: . Appropriation from Fund Balance $6,148.98 Increase Appropriations: Airport M & 0 - Improvements other than buildings $6,148.98 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd day of July, 1980. ATTEST: Janet Whelan, City Clerk Approved by Finance: VINCENT O'REILLY, MAYOR I First Reading: July 2, 1980 Second Reading: July 16, 1980 Effective Date: July 16, 1980 /j CITY OF KENAI „ Del eaj� °j 4" F. O. 10X NO KINAI. ALASKA 10011 TILE/NON1 710 • 7608 July 2, 1980 M-E-M-O-R-A-N-D-U-M TO: MAYOR VINCE O'REILLY AND KENAI CITY COUNCI FROM: JIM SWALLEY, AIRPORT OPERATIONS MANAGER ' The construction of the gravel aircraft parking ramp cost $23,851.02. The remaining $6,148.98 reverted back to reserve fund with the closing of fiscal year 1979-80. I request the $6,148.98 be re -instated, to be used for maintenance for the remainder of this fish season and initial preparation for fish flying in 1981. f� 3 TA V, AL Brews Toss u#,t t Section 36 Committee Fleeting Kars% #14vvi" June 11, 1980 6:00 p.m. Kenai Public Safety Building 00 13r ". tsro-- Keith Kornelis, Public Works Director, was 0'�`.t1 present to expll ain y the location of the water lines throughout this section of land. Discussions were held on the water lines, and the new problem of drainage that was presented. Following are the consensus reached by this Committee thus far: 1. The sequence of phasing is desireable (as per Thorpe's Study) 2. Subphasing of smaller parcels should probably be done (By the Council, based upon recommendation of the Planning and Zoning Commission) 3. Covenants (From Thorpe's Study) are desireable, but would want to include a development requirement causing the purchaser of one subphase to extend sewer, water, storm . sewer, curbs, gutters, and paving to the next adjacent subphase. 4. The City should allow purchasers to buy with cash or terms competitive to those of other agencies which dispose of land. S. The City should not try to develop the properties, as that will be the function of the purchaser. However, if funds are made available to the City (Federal, State, etc.) we should consider some capital improvements. ,. 6. The property should be offered at its fair market value. The City should not subsidize purchasers by virtue of residency requirements, etc. 7. Disposition of the subphases might be accomplished by prospective purchasers nominating (or requesting) that a particular property be sold. Multiple offers might best be dealt with through a drawing. S. The Council should define parameters for disposition (based on Committee/Planning and Zoning recommendations), and solicit proposals from real estate firms, and should select the proposal that best serves the City of Kenai. A + 4 sv 6 %eta •-n4 144evf; -nS: 1. A pig }.rr a jeSi qri h Isrose 4 O-Jew )A A*,.t ZA ;.4 114U %L I /, T _ __-_ _T ___ . CITY OF KENAI W4,q"to, I. O. IIOX NO KENAI. ALAIKA 99611 TILE/NONE 203 • 703 June 27, 1980 MEMO TO: Bill Brighton, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting of July 2, 1980 AIRPORT WAY - WATER, SEWER AND STREETS In testing the water line that was installed by Jackson and Garland last year, it was discovered that we have a small leak. They are having a hard time finding the source of this leak, and have not completed the patch work on airport way, evidentally because they feel this leak may be where they patched the line last year under this pavement break. SHOP ADDITION AND LUBE RACK Alaska Boiler have poured the slab for this addition and have imbedded the hoist in this concrete slab. The building is scheduled to be here at any time. They are working.on the tire rack for the building. Everything looks pretty much like it is { on schedule. SEWER TREATMENT PLANT, INTERCEPTOR LINE AND OUTFALL Brown Construction Company has started work on the two new } clarifiers and the areobic digestor. During the excavation for these tanks, the engineer found considerable amount of waste, trees, clearing and grubbing. This material is very unsuitable for a base for the construction of these tanks, and has had to be removed. This excavation is over and above that anticipated by the engineer, and therefore, there has been an over run in excavation which will amount to $30,000.00 to $40,000.00. The sewer interceptor line has been designed and is going to be advertised for the first time on June 30, 1980. There is a pre -bid conference for the sewer interceptor line on July 16, 1980, and there is a bid date of July 30, 1980. What's Happoning Report Page 2 June 27, 1980 TOPO STUDY U.S.K.H. have completed the C.E.I.P. portion of the project, and has sent their final billing to the City. It will be before Council at this upcoming meeting. They are presently working on the ten extra quarter sections. PARKS AND RECREATION ATHLETIC FIELD FENCING The budget for this project has come before Council this up- coming meeting. 1980 KENAI AIRPORT ELECTRICAL IMPROVEMENTS The first advertisement for this project will be June 30, 1980. There is a pre -bid conference on July 7, 1980 and the bid date is for July 15, 1980. SENIOR CITIZENS CERAMIC STUDIO Timberline Construction has been having supervision problems on this project. They are a little bit behind schedule, and there are a few items that need to be corrected, but they have not been paid anything on the job. FIDALGO, BIDARKA, BARNACLE, CAVIAR AND ATTLA WAY' Peninsula Engineering is finishing the drawings for this project. The first advertisement for this project is scheduled for June 30, 1980. There is a pre -bid conference on July 21, 1980, and , the bid date for this project is July 31, 1980. KENAI SPUR FRONTAGE ROAD There was a Public Hearing on this project last night, June 26, 1980. There were approximately a dozen people in attendance, and the project was very well received. There are many utility problems on this project, and there is a scheduled meeting on Monday, June 30, 1980 between the City of Kenai and the utility companies for discussion concerning the solutions to the many problems of utilities running through this road. There is also a problem concerning the right-of-way on this project, and property owners will be shortly notified as far as transfer of title of land, trading of land, and also the granting of a construction easement. AIRPORT WARM STORAGE BUILDING We have received word from FAA that this project has been approved by FAA. The Public Works Department is desparately trying to find time to set up and schedule the construction of this project, �r What's Happening Report Page 3 June 27, 1980 completion of the plans and specifications in order to go out for bid. WATER AND SEWER FOR SECTION 36 The engineering for this project was done with $150,000.00 CEIP money. The Public Works Department is trying to find time, at this time, to go back and review the drawings and update them and set a construction bid date. CITY ADMINISTRATION BUILDING Omni North Construction has submitted a period estimate that is coming before Council at this next meeting. Much of the site work has been completed, the footings have been poured, and the start of pouring the concrete walls should be at the beginn- ing of next week. GRAVEL RAMP AT THE AIRPORT The Public Works crew has completed this ramp, including oiling and compaction. The ramp seems to be holding up fairly well under the heavy use of fish flying aircraft. ANIMAL CONTROL ROAD AND FENCING The Public Works crew is presently working on the now road going into the Animal Control Shelter. This particular project has turned out to be quite a bit more than anticipated, in that instead of one or two foot of topsoil to be removed, we are down to more like seven or eight feet. This project should be completed by the end of next week. Peninsula Fencing has started work on the fencing for the -Animal Control Shelter, and should be completed by the end of next week also. DOT/PF WILLOW STREET CONSTRUCTION Quality Asphalt has hired Jackson and Garland for the excavation work on Willow Street. They have at this time, torn up Willow Street down past the Public Safety Building. There has been a few complaints from the public concerning traffic hazards and lack of direction for the cars to go. GUARD RAIL AT THE END OF FOREST DRIVE EXTENDED Peninsula Fencing has ordered the material for the installation of this guard rail, but as of this date, has not received the material. VIt — _ :_ 1 -- V, ,_ bMPP......--_... - - - What's Happening Report Page 4 June 27, 1980 ELECTRIC DOORS Kenai Steel Buildings is just about completed with the electric doors for the City Shop and Warm Storage Building. SELLING SAND FROM AIRPORT LANDS Brown Construction Company would like to purchase sand from the City of Kenai's sand pit at the Airport. GARBAGE DUMPSTER AT THE BEACH I have contacted Peninsula Sanitation concerning the placement and pickup charges for a dumpster to be placed down on the Kenai beach. Peninsula Sanitation has a rental cost of $15.00 per month for the dumpster. Their charge for picking up the garbage once a week is $34.82 per month. The cost for picking up the garbage two times a week is $63.07 per month. This is for a two yard dumpster. I have also contacted an individual who specializes in re -enforcing illegal dumpsters, thus making them a legal type dumpster. His charge for modifying a dumpster is $90.00. The City of Kenai does have an illegal dumpster that could be modified. If there are additional charges for repairs, this individual charges $25.00 per hour. C) DOWLING 41 ASSOCIATES ( Anchorage Office. 804 E. 151h Avenue, Suite 2, Anchorage, Alaska 90501(907) 277.5944 DOWLING — RICE & ASSOC/AYES E Kenai Office: P.O. Box 1974, Soldotna, Alaska 99669 (907) 262.4836 June 30, 1980 Bill Brighton City Manager City of Kenai P.O. Box 580 Kenai, Alaska i 99611 Re; Assembly of design/build documents for the Kenai Recreation Center Dear Mr. Brighton, At the request of Mr. Max Swearingen and Mr. Dick Morgan we have computed the cost of assembling a design/build contract documents package for the above referenced project. The anticipated scope of services includes; 1.) preparation of contract documents, 2.) review and modification of existing technical specifications and, 3.) preparation of site plan and floor plan drawings. We anticipate that this work can be accomplished for an amount not to exceed $2500.00 We understand that project inspection, if any, will be negotiated on the basis of budget limitations after the contract price is determined. Our anticipated completion date on this work is July 16, 1980. F If you have any questions, please contact me at 262-9011. f Thank you for the opportunity to submit this proposal. :1 nce na R ce, P. . Enclosure: Standard fee schedule 00fessiond Swreyors & Bsgbsem . I DOWUNG & ASSOCIATES Anchorage Office: 804 E. 15th Avenue, Suite 2, Anchorage, Alaska 99501 (907) 277.5944 DOWLING — RICE & ASSOCIATES Kenai Office: P.O. Box 1974. Soldotna. Alaska 99669 (907) 262.4836 FEE SCHEDULE FEBRUARY 5, 1980 I CIVIL ENGINEER. . . . . . . . . . . . . . . $ 40.00/hr. LAND SURVEYOR . . . . . . . . . . . . . . . . $ 40.00/hr. INSPECTION/LIASON/ADMINISTRATION . . . . . . .$ 40.00/hr. DRAFTING . S 25.00/hr. SURVEY CREW (3.pers0n). $ 80.00/hr. SURVEY CREW (2 person). . . . . . . . . . . . $ 60.00/hr. VEHICLE/TRAVEL within Borough (except Anchorage) .35/mi. or actual cost plus 58 TRAVEL outside of Borough (except Anchorage). , actual cost plu s 58 E.D.M. EQUIPMENT . . . . . . . . . . . . . . .$ 100.00/day "essionol Surveyors 8 Enjineen onle� f. w h t aca _ `OtLuAROs- �� i a; d l 11 p.l O I LAppor Holvas —� I w 1 I r , ` PROPOSED YOUTH CENTER t M. F • 1 f m-.�•�..--�:..�- C, y:�,, RECZIVED JUN 3 01980 1 04o01 .ars HANNW. ooMM itL DEPARTMENT OF Pl'BLIC NAF FTY CDyI ox 960 #a=#WROIORYA/0a ANCH0 AW,, ALASKA 88M10 Telephone; 269-5551 June 26, 1980 Vincent O'Reilly, Mayor City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mayor O'Reilly: This is in reply to your letter of June 16, 1980, expressing your concern about the moving of the Motor Vehicle Office from Kenai and Soldotna to a combined facility on Kalifonsky Loop Road. When the original decision was made many months ago, the travel time and distance was weighed against the advantages of a combined foal service office. Although the cost of fuel has risen since that time, we still believe that we can better serve the citizens of the Kenai-Soldotna area with this new combined facility. One of the advantages we see is better utilization of State personnel. At present the supervisor must frequently travel between the two offices thereby losing valuable time which could be better utilized serving the citizens of the area. At present, each office is available to the public for a total of 6 1/2 hours a day; that is, they are closed from 1 PM to 2:30 PM every day for employee lunch, banking, and office paperwork. At the combined facility, the office will be available 8 1/2 hours each day (8 AM - 4:30 PM) without closing. Under the present arrangement, people must make appointments for driver road tests which are given only two mornings a week. At the combined facility, road tests would be given during specified hours every day. This is conforming with our policy at larger offices (more than two employees). At the new location we will also have space to conduct motorcycle tests which we are supposed to give every applicant for that endorsement. Over the past four years, statewide, we have been trying to move our facilities out of the downtown areas to suburban locations. This move results in easier parking, better access to the offices, better test 12•LIOLM i i Mayor Vincent O'Reilly -2- June 26, 1980 facilities and it has had good public acceptance. From my official point of view, it gives me a more efficient office, better utilization of personnel, reduced equipment costs, reduced rental/utility charges, and enables me to continue to serve the Alaska citizens as effectively and efficiently as possible at the lowest possible cost to those same citizens. I might add that travel of 7 miles to a DMV Office is not unusual, either in Anchorage, Fairbanks, the Mat -Su Valley, other offices in Alaska, or at DMV Offices in other states. These are my thoughts at this time, although we are still examining all facets of our operation both in the Kenai-Soldotna area and elsewhere. I appreciate your offer of apace in the new City Hall and will keep this in mind if we have a change in plans. Sincerely, i bar wan 5 Director 1 cc: Commissioner Nix ? Col. Anderson James Brandon 1 } Vyti. KENAI UTILITY SERVICE CORPORATION P.O. BOX 614 PHONE 283.7932 T11 KENAI, ALASKA 99611 AREA CODE 907 July 2, 1980 RECEIVED 02= Honorable Mayor and Councilmembers JUL City of Kenai WAI IiLNA( P. O. Box 580 Kenai, Alaska 99611 This is to express our concerns regarding the proposed "Frontage Road" improvement project. Our understanding of the design of this project indicates that the 6" natural gas main extending longitudinally through the work area will be placed in extreme jeopardy unless specific steps are taken by the City of Kenai to ensure its safety. The subject gas line is our largest and serves as a feeder for our entire system beginning at the Katmai Hotel and extending west and north to the city limits. Areas that would be affected by -,a shutdown of the line would include, among others, Old Kenai Tawnsite, Kenai Mall/Post Office/Sheffield House area, Redoubt Terrace, Woodland Subdivision, Cottonwood Circle, Pine Circle, Kiel Subdivision, Birch Drive, Wildwood, etc. Aside from the immediate hazard that would be caused by damage to the line the restoration of service to affected customers would take many days and, in some cases, weeks. The line was installed in 1967 under a utility permit issued by the Alaska Highway Department. It was our practice, whenever possible, to locate our main feeders in state-owned rights-cf-way to take advantage of the policy of the State of Alaska to protect utility plant to the greatest extent possible. As you know, that portion of the right-of-way that holds our pipeline was deeded over to the City of Kenai in 1972. However we believe that our rights to protection under the original permit are not impaired by the transfer. We hope the Council will instruct the responsible administrator to exercise care in preparation of design and bid documents for the "Frontage Road" project in the interest of protecting existing utility property and specifically to limit the size and type of construction equipment which may be used by a contractor in close proximity to utility plant. Your consideration will be appreciated. i i ` Very truly yours, i KENAI [UTILITY SERVICE CORPORATION i i r 1 0 car L. omas, Vice -President ' 00tilw U r— err — --� w � �.-- ice— • ��--•�.-.�---. CITY OF KENAI .� 10d Cam 4 4"„ P• O. /O% 6E0 KENAI, A:A6NA 99611 TEIEPNONE 4E3 • 7636 MEMO TO: HONORABLE MAYOR & CITY COUNCIL PROM: BEN T. DELAHAY, CITY ATTORNEY /bov DATE: JULY 2, 1980 RE: CITY ENFORCEMENT OP PARKING BANS ON PRIVATE PROPERTY At the last Council meeting during discussion of the City's enforcement of non -parking in front of Carr's Mall, I expressed a doubt as to whether the City could enforce non -parking on private property. I was directed to research this matter and to see how Anchorage accomplished this and to report back to Council. As I stated at that time our Charter allows any action or enforcement by City not prohibited by Constitution or statute, and to my knowledge there was no prohibition of such enforcement in the Constitution or statutues. My research indicates there is no prohibition of such power and further that the City has such' powers where necessary to uphold public health, welfare, and safety. Section 24.648 of McQuillin on Municipal Corporations states: "Generally ordinances regulating, limiting or prohibiting parking relate only to public streets, ways and ground. But under some circumstances a municipality may regulate or prohibit parking on privately owned and maintained ways, as where such a way is open and extensively used as a street for public traffic." Such parking regulations may be enforced through citation, bail, and waiver or through citation, trial, and fine or imprisonment, and provisions may also be made -for hauling away and impounding vehicles violating such parking violations. (Section 24.651 of McQuillin) The last sentence of the latter section states, Paying a fee, under protest, where an automobile has been impounded for violating a parking regulation, does not estop the owner from a suit to recover the fee." MEMO July 2, 1980 Page 2 The Anchorage Code of Ordinances provides in Section 9.30.230 A and A as follows: "A. It is unlawful for a person to park or cause to be parked a motor vehicle in a private area which is adjacent to a commercial enterprise, and which is owned or controlled by another person, if such private area has been signed, posted or otherwise clearly designated as a private area. B. It is unlawful for a person to park or cause to be parked a motor vehicle in a private area which is not adjacent to a commercial enterprise, and which is owned or controlled by another person, without the express permission of such person." The same section of the Anchorage Code provides in part in Section E: "E. A person who owns or controls a private area described in subsections A or B of this section may cause any vehicle parked in the area in violation of those subsections to be removed and towed to a motor vehicle storage facility at the expense of the owner of the vehicle. The vehicle may be retained at the storage facility until the owner thereof pays the towing charge and storage charge, if any, and may be sold if unclaimed, in the manner provided by law." Section 9.30.240 of the Anchorage Code provides that the above sections may also be enforced by parking enforcement officers. There are several good reasons for enforcing such non -parking by impoundment. 1. If the City declares it is a safety hazard to park in such areas, but merely cites a vehicle and leaves it there, it might be subject to civil liability in case of accident caused by that vehicle, whereas removal of the vehicle as promptly as may be would obviate such liability. 2. Prompt removal of the vehicle prevents its presence from encouraging others to park in the zone. 3. Removal and requirement of payment of storage charges before obtaining the vehicle carries with it its own prompt punishment rather than a delay of weeks for court action and possible lawsuit in an attempt to enforce. `1 — MEMO July 2, 1980 Page 3 4. Sometimes the owner of the vehicle is not the driver and there is a problem of enforcement and getting the owner into court - particularly where the user of the vehicle either loses, misplaces, destroys, or otherwise fails to give the citation to the owner. There are also reasons for not using this method of enforcement. 1. The angry public clamor when an expectant mama with two small children in tow and two carts of groceries comes out of the Mall and finds no wheels to get home (and having had to pay cash for the groceries with no money for impoundment fee or for a taxi) can be heard resounding now. 2. Also traumatic would be the confrontation of the angry customer who parked on an emergency errand (to get a bottle of aspirin or high blood pressure pills) and comes out to find an officer who will not let him get in his car to drive it away because a towing vehicle had been called. Once the vehicle is called, impounding process has begun, and normally the driver of the vehicle would be required to settle with the party called to make the tow before being allowed to take the vehicle - if he is not required to do so, the City would have to pay the cost of the call of the towing vehicle. This is unlike impounding a vehicle at the airport at 2s00 a.m. when it is obvious the owner did not get back from Anchorage and will not appear while the towing is being accomplished. 3. As pointed out in McQuillin, there is always the opening for an irrate citizen to sue the City on the ground that the towing was not justified - there are many emergencies that to the individual concerned would be sufficient to excuse a few moments of parking. Even though such suit might be baseless, it still requires time to defend, and even though it might be covered under the liability insurance of the City, the cost of defense of claims still eventually gets back to raise premiums. There are likewise advantages to enforcement by citation. 1. The operation of writing a citation is simple, doesn't require notifying the towing agent, doesn't require the police officer to wait on hand until the tow truck arrives, and allows the citizen to deposit bail and forfeit or pay a fine without losing their means of transportation. I2. Those drivers who know they are violating the law and expect to get punished if caught, are not alienated and enraged as they would be to come out and find their car towed away, or r� MEMO July 2, 1980 SHR 4orse, waiting to be towed while they are not allowed to take possession and drive it off. There are however a number of disadvantages to enforcement by citation. 1. The driver of the vehicle is often not the owner and a citation issued which is ignored, lost, destroyed, or just not turned over to the owner requires tracing, when there is a non- appearance, and issuance of a complaint. 2. Due to several months delay in getting cars registered in new owner's name after sale, often the person who might appear to be the owner on checking up and issuing a complaint is not, in fact, the owner. 3. Even when there is no question about an act being taken, accused parties often plead not guilty and go into court which requires expenditure of time of the City Attorney to prosecute. Often this is not because they deny speeding or parking, but because they feel they have legitimate reasons or excuses for violation that the court will consider and then suspend or lessen a fine. 4. Citations issued do not remove the automobile, and if an accident happens long enough after the citation for the automobile to have been removed, it might invoke liability on behalf of the City. Any such claims that have to be defended, settled, or paid would eventually increase the amount of premiums the City has to pay for liability insurance. in considering the expense of policing and prosecuting any liability as to the Mall, it cannot be considered alone. If the Mall is to be thus protected and serviced, this City is setting a policy that should be available to other citizens of other malls, stores, large apartment complexes where fire lanes are a necessity to be kept cleared, and possibly other ventures. If the City is to accept this policy, they should first get some idea as to the possible consequences and the number of policemen who would have to be hired to adequately enforce such parking rules and restrictions for other citizen groups meeting the requirements. The City Manager is furnishing copies of the Uniform Fire Code as adopted and amended by the City of Anchorage which have just been received. This does not indicate how enforcement is handled although the signs are paid for by the owner. Under the above citations of the Anchorage Code for enforcement by impounding by private property owners, the Kenai Mall could hire its own personnel to order impoundment. This would remove the time requirements on the Kenai Police force, although it would still j L MEMO July 2, 1980 Page 5 be a matter of City ordinance which would not lessen the City liability. Removal of parking in the area immediately in front of the mall might result in much higher speeds of vehicular traffic through that area, and the result would be more cries for police enforcement to reduce speed. The Kenai Mall might prevent all parking in the area immediately in front by installing concrete posts two and one half or three feet high and three and half to four feet apart across each entrance to tha a e r n st r t entrance from the �IfOgg O s� Cha 5h?y %891tO?9nI c8$th get through. These would have to be designed as "break away" so that fire trucks could knock them down to get in to service fires or the fire trucks could possibly utilize the sidewalk in front of the mall to avoid.them. This, of course, would interfere with flow of traffic through the parking areas of the mall. Since I believe that enforcement in this case as requested would cause a traumatic change of policy of the City with both foreseeable and unforseeable costs to the City, and since preparation of this memorandum has been delayed until it could not be in the packet, I will be requesting that this matter be continued so that the Council can give adequate thought to the memoranda prepared by the City Manager, by the Police Chief, and by myself. I have, not noted any memorandum from the Fire Chief at this point. BTD/md O'b CITY OF KENAI lod Cap" 4 4" r. O. KOX $80 KENAI, AIAEKA 99611 TRIPNONE 2E2 • 7635 •r,. T Lt:►ie:ti c3fa1 L*%ji PROOF hEA0 MEMORANDUM TO: HONORABLE MAYOR & CITY COUNCIL FROM: BEN T. DELAHAY, CITY ATTORNEY DATE: JUNE 30, 1980 RE: COUNCIL MEETINGS - SPECIAL AND EXECUTIVE There has come to my attention a meeting of the Council (or Councilmembers) perhaps as a committee or a Committee of the Whole, which I believe to be in violation of the statute. I believe there might be confusion of Council because of provisions of City Charter and ordinances which have been followed in the past, but which have been invalidated by State law. Since we are now involved in the Clarion suit (at a cost so far of about $12,000), I would like to be sure. the Councilmembers are aware of limitations so that we will not get into any such future involvement. Attached hereto are exerpts from Alaska Statutes, the City Charter, and City ordinances, which I have marked to indicate critical paragraphs. You will note that AS 29.23.580 states that meetings shall be public as provided in AS 44.62.310 and, the last sentence makes this applicable to home -rule municipalities. The next exerpt (two pages) sets forth AS 44.62.310, and it is clear from Paragraph (a) thereof that it applies to political subdivisions, committees, and subordinate units of committees, all of which shall be open to the public except as otherwise provided therein. Paragraph (b) provides that if any accepted subjects are to be discussed at a meeting, the meeting must first be convened as a public meetingand the quest ono an executive session detened by a majority vote. June 30, 1980 MEMO Page 2 Please note that Paragraph (e) requires that "reasonable public notice" shall be given for all meetings required to be open under this section - thus, in order to have an executive session you must first have an open meeting, and in order to have an open meeting you must give reasonable public notice. Thus, the meeting which I heard took place last week would be contrary to State law. Paragraph (c) lists the subjects which may be discussed at an executive session and in Sub -paragraph (2) shows that subjects tending to prejudice reputation may be discussed unless the person concerned requests a Rublic discussion. Please note that Sub -paragraph 3 provides for suc 6lscussion on matters which by "law, municipal charter, or ordinance are required to be confidential." (emphasis supplied) Note that these are matters which are required to be confidential. Section 2-6 of the City Charter provides that Council committees "may" hold private meetings, and KMC 1.15.030 provides that a Committee of the Whole and any other committee of the Council "may hold private meetings" but holding of such meetings is permissive and not mandatory. I would not advise any change in these ordinances while the Clarion suit is still pending, however, once that is determined the Council may pass an ordinance that requires confidentiality in meetings discussing hires of individuals or specific positions such as Manager, Clerk, or Attorney on the basis that some questions asked may be personally embarrassing even though they may not tend to prejudice reputation or character: and as such confidentiality will increase the likelihood that candidates involved would speak freely and openly, it might also enhance the possibilities of getting a broader selection of candidates. This would not take care of the production of record which is beina tested n the The next exerpt is Section 2-6 of the Charter which provides for committees to hold private meetings, and following that is KMC 1.15.030 which also provides for committees to hold private meetings pursuant to City Charter, Section 2-6. The next exerpt is KMC 1.10.060 which provides for calling Special Meetings. This provides that the Mayor (or any 4 Councilmen) may call special meetings, but also provides that the City Clerk shall give notice of such meetings June 30, 1980 MEMO Page 3 or cause it to left a meeting. It provides that less than 48 hours notice is not required for a valid meeting if the Council, by unanimous vote of all Councilmen present, adopts a motion or resolution finding that an emergency justifying such a meeting exists and that the public interests requires the Council to meet on shorter notice. Note that this is not valid under the state statutes, AS 44.62.310 (e) which requires that reason- able public notice shall be given for all meetings required to be open. I hope that this makes clear the necessity for public notice for special meetings, the fact that special meetings must be called before any executive sessions can be held, and the matters concerning which executive sessions may be held. If any member has a problem understanding this memorandum or the exerpts of statutes or Charter, or ordinances attached, please contact me for an explanation. Sincerely, �� i en T. Delahay Enclosures cc: City Clerk City Manager •i� iliq I . r - r 4 r16 P I - Hwy rrn.J-r .�. 41 211.13 .,160 § 29.23.860 '� j►a pnde or 20.23.570 MUNICIPAL GovER11MENT § 29.23.580 this this sec. 'ea+atfon noncompliance until such time as the report are com- eats plied with. (§ 2 ch 118 SLA 19?2; e t 2ag by de ��0mffona am 9 ch 200 SLA 1972) Effect of amendment. , The 1972 Wily anirsd Regional Affairs" for "Local oot substituted "Departure ttive Commu- of subsection Agency,,nearnear the beginning 1pp% Sec. 20.23.570. Vacancies. An elected municipal office is vacated under the following conditions and upon the declaration by to �yedfeorlttli of vacancy the assembly or council. The assembly or council shall declare an elective office vacant eO f his ' eery when the person elected (1) fails to qualify, or take office within 30 days after his elec, tion or appointment; v 1quAfa (2) is physically absent from the municipality for a 90.day Period, unless excused by the assembly or council; (8) resigns and his resignation is r 0. accepted; is physically or mentally unable to f oft) perform the duties of his (5) is removed from office; flew (0) misses three consecutive regular meetings unless excused; or 'hick rovi. +• (7) is convicted of a felony or of an offense involving a violation of his oath of office. (§ 2 ch 118 SLA 1072) a!t• t0 Acceptance of resignation of coup. that the hnan. — As corporation, by its agents, laws 1 principles of common the council, should manifest its ac- ft hie own)wiilll. wiitthcoadtlreespect toot the ceptance, either by a formal declare. public convenience and public inter. "Oq to that effect, or by the appoint - set, cast aside his responsibilities and moat of a successor. Town of Nome V. Rice, 3 Alaska 602 (1908). duties; (2) resignation of office is not complete until accepted by lawful au- ALB and C.J.B. references, _Implied r to remove from Office, 83 AL$ thority or until the incumbent is re-1097. lesser by the qualification of his sue. Power of courts or judges as to Alaska. Town of Nome v. Rice, 8 removal from office, lib ALR 170. Alaska in ( he co Validity of statutes fixing term of Assuming the council has the power office but providing for removal with. to Accept the ree Atton Of � Pau me still be necessary, In LA R 1437. 02 C«1.8. er to complete the resignation, 11 474, 401, 505. 551. ions Sec. 29.23.580. Meetings public. Meetings of all municipal bodies shall be nubile as provided in A 94 I� f3 ?1n council shall provide reasonable o The assemblublic y and the to be 'heard at regular and special section meetings. This lies to home appr rule and general law municipalities. (� 2 ch 118 SLA 1972) / / i 45 `1 J '.'..._... .ra..� ate"_-�Yi'�a��: l._ � •_ _ § 44.62.310 3TATS GOVenNMeNT § 44.62.310 Article 6. Agency Meetings Public. Section public 310. Agency mee inp p meetings 31t state po cYregarding public. (a) All meetin. of a Sec. 44.62.310. Agency meetings p legislative body of a board of regents, or of an administrativeord,'; board, commission, Vie► ittee. subcommittee, authority, agency, or other organisation includin subordinate sift of nhe above ut not __.. ,.o itiral subdivis to munid dues% our—s—, ��..--. _----- agencies, asaem ices, councils,local departments, divisions, bureaus, commissions or organizations, advisory or otherwise, c money state authorized government supported in whole or in parts p t erwise to spend public money, are o n to the -;7tublic ce rovided b this s xcept w en voice votes are autho know, the vo shalt be con acted n such a manner that the public may 1 an vote of each person entitled to vote. This section does not apply Y votes required to be taken to organize ....he A a, . mee*i� ved bodies. :ontained in c of this section tsnaa. �� e ed . No subjects may be considered at the executive session except those mentioned in the motion calling for the executive ve `the executive on unless auxiliary to the main question. No action may be session. ecta ma be discussed in an executive �j fo w �_ session: (1) matters, the immediatetjtanceswof the government unit; e of which would arty ave an adverse effect uponudice there utation and character of any 2 sub eels that tend tore ,son my the rson ma uest a ublic discussion; is) rs w c yaw, muntcipa c arter, or ordinance are required to be confidential. (d) This section does not apply to (1) judicial oor n ro quasi-judicial bodies when proceedhng: olding a meeting solely to make a (2) juries; (3) parole or pardon boards; (4) meetings of a hospital medical staff; or committee of a hospital (ii) meetings of the governing body or any when holding a meeting solely to act upon matters of professional qualifications privileges or discipline. Ann he Qiven for all meetin s re ua ired 183 Ilk F�4 t .. c § 44.62.312 ALAsKA STATUM § 44.62.320 (f) Action taken contrary to this section is void. (§ 1 art VI (ch 1) ch 143 SLA 1959; am § 1 ch 48 SLA 1966; am § 1 ch 78 SLA 1968; am § 1 ch 7 SLA 1969; am §§ 1, 2 ch 98 SLA 1972; am § 2 ch 100 SLA 1972; am § 1 ch 189 SLA 1976) Effect of amendments. —The first 1972 Leitislative committee reports. — For amendment inserted "a legislative body or" legislative committee report on ch. 79, SLA In the first sentence of subsection (a) and 1968 (SB 395). see House Journal (1968). p. substituted "clearly have an adverse effect 707. For report on ch 7. SLA 1969 (HB 32). upon" for "adversely WOW in subsection see 1969 House Journal, p.142. For report NO. on ch 98. SLA 1972 ISO 263). see 1972 The second 1972 amendment Inserted "a House Journal, p. 158. For report on ch. board of regents or of" near the beginning 100, SLA 1972 (CSHB 605 am), see 1972 of subsection (a)• House Journal, p. 648. The 1076 amendment added the second Am. Jur. reference. — 42 Am. Jur., and third sentences of subsection (a). Public Administrative Law, § 94. Sec. 44.62.312. State policy regarding meetings. (a) It is the policy of the state that (1) the governmental units mentioned in § 310(a) of this chapter exist to aid in the conduct of the people's business; (2) it is the intent of the law that actions of those units be taken openly and that their deliberations be conducted openly; (8) the people of this state do not yield their sovereignty to the agencies which serve them; (4) the people, in delegating authority, do not give their public , - servants the right to decide what is good for the people to know and what is not good for them to know; (5) the people's right to remain informed shall be protected so that they may retain control over the instruments they have created. (b) Section 310(c)(1) of this chapter shall be construed narrowly in order to effectuate the policy stated in (a) of this section and avoid unnecessary executive sessions. (§ 8 ch 98 SLA 1972) nowlsoes note (1972 L — AS 44.62.S12(a) is based on Cal. Gov't C.A„ am 54950. Leitlslative committee reporL — For report on ch. 98, SLA 1972 (SB 253), see 1072 House Journal, p. 158. Ardcie 7. Legislative Review of Rules. 8eetlon 320. Legislative annulment of regulations and review Sec. 44.62.320. Legislative annulment of regulations and review. (a) The legislature, by a concurrent resolution adopted by a vote of both houses, may annul a regulation of an agency or department- (b) Within 45 days after a regulation is filed by the lieutenant governor, the lieutenant governor shall submit the regulation to the 184 Cap E a e 4•. established, or prescribe the method of appointing or elec- ting and removing them; (6) To create, change, and abolish all offices, depart- ments, and agencies of the city government other than the offices, departments, and agencies created by this charter; and to assign additional powers, duties, and functions to offices, departments, and agencies created by this charter. Section 2-5. City clerk. There shall be a city clerk, who s all be —an—o-f-Clcer of the city appointed by the council for an indefinite term. The city clerk shall serve as cleri- cal Officer of the council. He shall keep the journal of the proceeding of the council, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it. He shall be custodian of such documents, rec- ords and archives as may be provided by law or ordinance; shall be custodian of the seal of the city, and shall attest, and affix the seal to, documents when required in accordance with this charter, law or ordinance; shall keep a correct and Up-to-date record of the city boundaries and changes therein; and shall have such powers and duties relating to elections as this charter or the council may prescribe. (Change effected October 5, 1976) action 2-6. Council: -Meetincts. The council shall_ h d at least two regular meet ngs every month at such times s it may prescribe by ordinance, resolution, or rules of the council. The mayor or any four councilmen may call special meetings. All meetings of the council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the council, including the committee of the whole, may hold private meetings; ero- ded that all actions of the council shall be taken at pu� tic in s. section 2-7. Council: Absences to terminate membershi . If the mayor or any of er counc lman s all be a sent from more than one-half of all the meetings of the council, regu- lar and special, held within any period of three consecutive calendar months, he shall thereupon cease to hold office. Section 2-8. Councilmen: Removal. The mayor or any other co`unc man may a removed from office for any cause specified by applicable state law for the removal of officers, and in the manner prescribed thereby, or by recall as pro- vided in this charter. Section 2-9. Council: Vacancies. The council, by a majority vote QK its remaining members, shall fill vacancies in its own membership, including a vacancy in the office of C-4 4 1.15.020 City Clerk: The City Clerk shall be clerical officer of the Council as provided by the City Charter, Section 2-5. She shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by the Council and shall duly authenticate them. If the City Clerk is absent from a Council meeting, the Mayor, with approval of a majority of all the Council, shall appoint an acting City Clerk to serve during such absence. (KC 1-9) / 1.15.030 Public Meetings: All meet ngs o the Council shall be open to the public, and all actions of the Council shall be taken in public meetings. However, the members of the Council sitting as the Committee of the Whole and any other committee of the Council may hold private meetings, as provided by the City Charter, Section 2-6. The Council, by a vote of 5 members, may resolve itself into Private Commit- tee of the whole by adopting a motion that the Council resolve itself into Private Committee of the whole; and the Mayor or any 4 Councilmen may call a meeting of the Private Committee of the whole when the Council is not in session. (KC 1-10) -.1 ` i 1.15.040 ASS agen a for each meeting of the City c snail a prepared by the City Clerk after i consultation with the Mayor. Such agenda shall be distrib- uted by the City Clerk to each member of the Council at least 24 hours prior to the meeting, and no further items shall be added to the agenda except by unanimous consent of the Councilmen present at a meeting. (KC 1-11) P T. 1.15.050 order of Business: 1. The order of business i for every regular meeting o the City Council may be outlined on an agenda deemed to be most effective for regular Council meetings. The order of business may be specified by a ' written agenda or calendar or other customary designation for scheduling of the order of business. " } 2. A guide for the Council's agenda, but not a mandatory format for the order or business, can be as - ....... 1 follows: (a) Roll Call; (b) Public Hearing ( for ordinances or programs as announced); (c) Persons scheduled to be .� heard; (d) Correspondence (reading verbatim not required if _ copies distributed to the entire Council); (e) Old Business; . (f) New Business; (g) Reports; (h) Persons present but not scheduled to be heard. -- - 3. The Council's agenda may be prepared by an appro- priate administrative officer and when so prepared shall constitute the agenda for that meeting. Agenda for special meetings will usually not include as many subjects as agenda ;.-• for regular meetings. (KC 1-12; Ord 212) 1.15.060 Motions: 1. A motion to amend an amendment �... shall be in order, but a motion to amend an amendment to an amendment shall not be entertained. - ! 1-4 , [ 7 M f • j • f� I s-1 — Ii ar 14 1.10.040 Time of Regular Meeting: The regular meeting of the Council of the City of Kenai, Alaska is declared to be at 7:00 P.M. on the first and third Wednesdays of every month unless circumstances warrant deviation of the regular meeting date when the Council, by majority vote, may change the date and give public notice of such change. (KC 1-5; Ord 476) 1.10.050 Place of Meetin : Meetings of the City Council, regular or special-' w 11 be held in the Public Safety Building unless otherwise designated by the Mayor. This provision shall not apply to executive sessions of Council. (KC 1-6; Ords 217 & 255) •-.11ing Special Meetings: The Mayor or any 4 rhis ilmen may call spec.al meet ngs o the Council. The Clerk shall give the notice of such meetings to each ilman or cause it to be left at a conspicuous place at bode or to be given to a member of his family at least ars old at his place of abode, at least 48 hours before ime of holding such special meeting. A special meeting d on shorter notice than 48 hours shall be a valid meeting if the Council, by unanimous vote of all Councilmen present at the meeting, adopts a motion or resolution finding that an emergency justifying such meeting exists and that the public interest requires the Council to meet on shorter notice. (KC 1-7) 1-15.010 RULES OF ORDER: The Mayor shall preside at all meetings of t e Council. He shall preserve order and decorum among the Council members and is responsible for conduct of all meetings in compliance with these rules. He may, at any time, take such reasonable action as he deems proper to preserve order among the spectators in the Council chamber during sessions of the Council. He may speak to Points of order in preference to other members, and shall decide all points of order, subject to appeal to the Council by motion duly seconded as herein provided. He may partic- ipate in the debate on any matter. He may, at any time, call any member to the Chair during any meeting, such sub- stitution to discontinue when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its numbers; and the president pro tempore shall exercise all Powers of chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. (KC 1-8) 1-3 Rural Alaska B0. Box 3.3908, Ailcliora e.:Xhaska 99301 come-1•1unity Actioil Program, Inc. av C sit�%6�� DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS 204 North Franklin STATE OF ALASKA �'`•` �`"—• Juneau, Alaska 99801 s�� •Pouch B, Juneau, AK 99811 ' The Second Session of the Eleventh Legislature passed Senate Concurrent Resolution 66 directing the Alaska Legislative Council to revise Alaska Municipal Government Code -- Title 29. A copy of this resolution is enclosed for your information. A policy committee, consisting of four legislators and eight public members, will play a key role in determining what changes are made in Title 29, the Municipal Government Code. Therefore, it is important that interested, knowledgable persons be nominated to sit on this committee. Other than demands on committee members' time, costs for transportation and per diem will be paid by the State. Our three agencies have been given the responsibility of nominating persons to fill the eight j seats reserved for public members. We would like for you to send to one, or all, of our organizations any recommendations you may have for candidates you feel are qualified to serve on the policy committee. A resume or background sketch of qualifications for each of your nominees will assist us in selecting the best persons to submit as nominees to the President of the Senate and the Speaker of the House of Representatives. Time is critical and we need to receive your j. recommendations by July 10, 1980. f; We would alco urge you to make any comments or suggestions which might improve Title 29. if you have problems or concerns about sections of Title 29 we want to know about them; it would be even more helpful if you can suggest specific remedies in the form of deletions, rewritten or additional language, or restructuring of the Municipal Government Code. We need to receive these comments by July 30, 1980. The Legislature has given all of us a rare opportunity to make needed revisions in Title 29 so that Alaska may have a meaningful, responsive municipal government statute. To make the most of this opportunity for change, we need thorough, well thought-out recommendations and comments. We look forward to hearing from you. 4 Sincerely, �1 Phil Smith Ginny Chitwood Lee McAnerney Executive Director Executive Director Commissioner ;I RuralCAP Alaska Municipal League Community & Regional Affairs I iginal sponsor: Community and Regional Affairs Offered: 5/24/80 Referred: Rules 1 IN 'Gill; SI:NA'rg RY THE FINANCH COMMITTEE 9 cq FoR nNATP. CONcuuKERr RRSOLUTION NO. 66 3 IN TIIF, LEGISLATURE OF 'CNN. STATE OF ALASKA 4 F,IXVENTH LEGISLATURE - SECOND SESSION 5 Directing the Alaska Legislative s Council to revise AS 29 (Municipal Government). s BIC IT RESOLVED BY THE LEGISLATURE OF THE STATE OF ALASKA: s WHEREAS Alaska has a system of local government that differs uniquely in io constitutional concept and in law from traditional local government; and 11 WHEREAS the law governing municipalities in Alaska was last reviewed 12 completely in 1972 at which time significant elements of the local governmdnt 13 structures were still in a formative stage; and 14 WHEREAS numerous amendments to the municipal code have been made since is its adoption which have not been fully integrated into the code) and 16 WHEREAS much experience in the Alaska system of local government hris 11 been gained since adoption of the municipal coder and to WHEREAS there is a need for a comprehensive revision of the municipal 19 code which will consider the 1972 code, amendments to it, and the experience qo gained since its adoption; 21 RE IT RESOLVED by the Alaska State Legislature that under the provisions n of AS 24.20.090 and Uniform Rule 48(c) the Alaska Legislative Council is 23 directed to prepare a revision of Title 29 of the Alaska Statutes (Municipal 24 Government) by directing the legal services division of the Legislative 35 Affairs Agency to prepare the revision with the assistance of a policy advi- 20 sory group representative of the concerned public from all areas of the state 27 and persons experienced in the application of AS 29, and soliciting the 28 advice of the Alaska Code Revision Commission; and be it 21t FURTHER RESOLVED that the policy advisory group consist of two members -1- CSSCR 66 1 f each house of the legislature appointed by the presiding officer of. each -2 housel public members of the policy advisory group shall be selected by the 3 presiding officer of each house from persons recommended by legislative a nembers, by the Department of Community and Regional Affairs, the Alaska 5 lunicipal League, the Rural Alaska Community Action Program, inc., the Depart- s nent of Law, and by the legal services divisions and be it 7 FURTHER RESOLVED that a proposed revision of AS 29 be presented to the o legislature during the first 30 days of the FLrst Session of the Twelfth 9 Legislature. to ` 11 12 13 14 F' 15 is 17 4 ' , to 19 20 {; 21 23 24 28 20 t 27 ! 28 ;J •2- CSSCR 66 i• I r F i F P ., /t NEWS RELEASE DATE: June 16, 1980 RLs Certificate of Conformance in Financial Reporting awarded to City of Kenai, Alaska Thecity of Kenai Alaska has been awarded a Certificate of Conformance in Financial Reporting by t e Municipal Finance Officers Association of the United States and Canada (MFOA) for its Annual Financial Report for the fiscal year ended June 30, 1979 . They Certificate of Conformance is the highest form of recognition in the area of governmental accounting and financial reporting, and its attainment represents a significant accomplishment by a governmental unit and its management. In order to be awarded a Certificate of Conformance, a governmental unit must publish an easily readable and efficiently organized comprehensive Annual Financial Report, whose contents conform to industry standards. Such reports must satisfy both generally accepted accounting principles and applicable legal requirements. Eligible reports are evaluated by an impartial Special Review Committee composed of government finance officers,'certified public accountants, educators and others with particular expertise in the area of governmental accounting and financial reporting. ,— When a Certificate of Conformance is awarded to a governmental unit, an Award of Financial Reporting Achievement is also presented to the individual designated by the governmental unit as primarily responsible for its having earned the certificate. An Award of Financial Reporting Achievement has been awarded to Finance Director, Charles A. Brown Notes A list of governmental units holding valid Certificates of Conformance Is published periodically. A copy of the most recent list is attached. Further information concerning the Certificate of Conformance in Financial Reporting Program is available upon request from MFOA at 180 N. Michigan - Suite 800, Chicago, Illinois 60601 or (312) 977-9700. V1 w r 'N T. em a,rwwn OTT or XNAI .......... ap,l. AUfq,aott i„•?11, Y.W iN_5w�-sLY LESSOR'S CONSENT TO ASSIGNMENT OF LEASE The Lessor, in that certain Lease datod March 15, 1978, by and between City Of Kenai, a home -rule municipal corporation of Alaska as Lessor, and by and between SALAMATOF SEAFOODS, INC., an Alaska Corporation, as Lessee, concerning certain business promises located ats Description of Premises described on Schedule attached hereto hereby consents to the-Aseignment by said Lessee bf all its right, title, and interest in and to said Lease to the Alaska Renewable Resources Corporation, as partial security for a loan made to said Lessee, provided, however, that so long as Alaska Renewable Resources Corporation has not entered into possession of the premises covered by said Lease for the purpose of operating a business, it shall not be liable for rent or any other obligations of said Lessee, and said Lessee shall remain liable for rent and all such other obligations, and in the event of any default under subject Lease, said Lessor hereby agrees not to terminate the Lease or take any action to enforce any Claim with respect thereto without giving Alaska Renewable Resources Corporation at least thirty (30) days prior written notice thereof, and the right to cure such default within said period. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. DATED this 23rd day of June, 1980. CITY OF KENAI a By: I-- WilliadNV. Brigmttop, City Manager Ii P I I I I I ■II Q STATE OP ALASKA ) so THIRD JUDICIAL DISTRICT ) On thin 23rd day of Juno, 1900, before me personally appearod William J. Brighton, of the City of Kenai, known to be the person who executed the above instrument, and acknowledged that he had the authority to sign, for the purposes stated herein. Q otary YAD110 in and for Alaska -- My ComdKesion Expiros: .S 1D—Pz • t;-tip LESSOR'S CONSENT TO env or9pMi ASSIGNMENT OP LEASE - 2 • 0.0" n• � " l �l "SCHEIVU A" LEGAL DESCMIPTI04 or. 00CK AREA A tract of land located in the Kenai Peninsula Borough within Section 4, Township 5 forth. Range 11 West, Seward x1cridian. Alaska, ,more particularly described as follows: Lots one (1) and two (2) of U. S. Survey No. 4563. EXCEPT '•. v Parcel 1 of said Lot 1 more particularly described as: • 'Commencing at U. S. L. M. No. 32A which is identical to meander Corner No. i of U.S. Survey 104; thence S. 8.10 31' E. for a distance of 240. 08 feet to witness corner +. meander corner 1. Lot 1, U.S. Survey 4563; said point being Ilia Trite Point of Beginning; thence S. 440 00' W. along the westerly boundary of U.S. Survey 4563 for a distance of 116. tit feet to a point; thence S. 44. 00' E. for a distance of 300.54 feet to a Point on the easterly boundary of said survey; thence N. 48• 00' E. along said • easterly boundary of said survey for a distance of 477.84. fact to corner 3. Lot 1, of said survey; thence N. 430 000.. • W.'slong the northerly boundary of said survey for a ' • •dicta nce of 343.20 feet to corner 2, Lot 1, of said survey; thence S. 44. 00' W. along the westerly boundary of said survey for a distance of 360.28 feet to fire True Point of Beginning. ' AND EXCEPT • A 20-foot right-of-way for an access road being 10 feet on each side of tits following described contorline: • Commencing at meander corner 2, Lot 2, of U.S. Survey 4563, which is common to meander corner 4. Lot 1, of said survey; thence N. 40' 00' E. along the easterly boundary . of said survey for a distance of 13.20 feet, more or less, to 4 r the soutltrrly boundary of Parcel 1 of thin tract; thence N. 410 00' W. for a distance of 43 feet, more or less, to r a point oil thf• centertine of the access road to the tr•uch fill stand, said point beinj; the Tr•tte Point of Bellnninr; thence time;; a curve to tlae right with salt MIRIv Of ^lr, ;t { radius of 60 ft ct and ti tangent of Go feet for a distance of 10 feet, more or lens. to it point; thence S. 47 00' W. fur , a distance of 17 feet, more or less, to a point; thence along a curve to the right with tilt angle of W, a radius of 60 feet and a tangent of 60 feet, for a distance of 94.25 feet to a , • point; thence N. 4V 00' W. for a distance of 46 fret, more. - or less, to a point; thence on a curve to the r•irht with an angle of 90. a radius of 60 feet and a tangent of 60 feet, for a distance of 04.25 feet, more or less, to a point; j thence N. 45° 00' E. for a distance of 2.1. 00 feet to a point; thence along a curve to the left with an angle of 00'. a radius + of 60 fact and a tan;;cnt of 60 feet. for a distance of •1 feet. more or less, to a point on the southerly boundary of Parcel 1 t • of said Lot 1. AND EXCEPT . The Truck Fill Stand hzircol, more particularly described ! i Be: • Commencing at meander corner 2, Lot 2, U.S. Survey 4563. which is common to meander corner 4, Lot 1, of said survey; ! • thence N. 40' 00' C. along tite easterly boundary of said :survey i • for a distance of 13.20 feet. more or less, to the southeast i corner of Parcel 1 of said Lot l; thence along the southerly boundary of said parcel for a distance of 43 feet, more or luss. i to a point on the centerline of the truck till stand access road. thence alone said centerline on a curve to the right with an ' angle of 2W, a radius of 60 feet and a tangent of 00 feet for a distance of 10 feet, more or less, to a point; thence S. 43• 00' i ' We for a distance of 17 feet, more or lass, to a point. thence along a curve to the right with an angle of 90", a radius of 00 feet and a tangent of 60 feet, for a distance of 07 feet, mare ov loss, to the True Point of Beginning for this description; thence i' leaving the centerline S. 45. 00' W. for a distance of 16 feet. - niort• or less, to a pc+int; thence N. 45° 00' W. hm a distance of ... _ 70 fret, nacere or less. to a point. list -sic N. 450 00' R. r.ra:.ranl; said ac•cctn r tad ter it distance of 40 feet. mare or less. ton ; point; thence S. ab• 00' V.. for a ditutinct• of 70 feet, more ar j - — legs, to a ituint; thence S. 45• 00' W. far a distance of '.4 fret, ; . ..• more or Irss, to the True Point of Beginning. 1 •. f � r E - __'•c+.:�Ci:d.•3_:-ia7Wi:7ssi.^.�'lri._._� _ - _ _�_. �' - us.w�r+-.___ � � � � I 1 SUIIJf:CT TO a neservation to the United States of Amerien, its • transferees and assiCiin, for a right-of-way fur a pipeline rw:vJ on the, public land records under 44 LD 513, Anchorage Serial No. AA-280, and more particularly described as follows. t A thirty (30) foot right-of-way heing fifteen (15) feet on path .. • side of the following described centerline: • 1 » Coinroencing at meander corner 2, LoC2, U.S. Survey 4503, which is common to meander corner 4 of Lot 1 of said survey; thence N. 480 00' E. along the easterly boundary of said i survey for a distance of 13.20 feet, more or less, to a point on the southerly boundary of Parcel 1 of said Lot 1; thence N. 440 00' W. along said southerly parcel boundary • for a distance of 130 feet, more or less, to the True Point '. of Beginning: thence S. 580 30' W. for a distance of 72 ("t, ' more or less, to a point on the northerly boundary of the ' "above described Truck Fill Stand parcel. • ADJACENT LANDS ( Adjacent lands are described as: u Lot 10, Section 4, Township S North, Range p 11 West, Seward Mcridian, containing i1.S0 acros, more or less. ::.. • $xCEPT • ' ti :.. •' an easement granted to Kenai Natives Association for a private road, such easement being more partiqularly deperibod as follows: l,. •, .s 1 IWI ' A strip of land thirty (30) feet in width, lying in Government Lot 10, Sec. 4, T. SH, � R 11 W., S. M., City of Kenai, Alaska, said strip to bo used for road purposes and being . i more particularly described as follows: Taking the C-W 1/16 corner of :said Sec. 4 as a point of origin, Thence S. Oo - 17• E. along the 1/16 line for 2$0.48 foot to an inter- section with the Southerly Right -of -Way of Deaver Loop Road and tho Point of Beginnings 1) Thence continue S. 00-17' E. along the 1116 line for 366.32 feet to Closing Corner Al on the Korth -Easterly line of.Lot 1 U. S.S. 4563, ' 2) Thence N. 430-05•-30"W. along said North - Easterly line of said Lot 1 for 44.15 foot, 3) Thence N. Oo-17• W., parallel to the afore- said 1/16 line, for 368.01 feet to an inter- section with the Southerly Right -Of -Way of Beaver Loop Road, • 4) Thence Easterly along the arc of a curve concave to the Southwest (and having a radius of 1856.86 fast) for 33.49 feet to the point of Beginning, • i f •_.,_a_ Containing.,in, a11,0.26 aare,_more.,or.less. _� _•„-__ , • I N� TO; William J. Brighton, City Mannger FROM: Richard A. Ross, Chief of Police-zW. . Sl1B.)F.CT: Carr's Mall Parking DATE: June 17, 1980 As a result of our conversation on this date and review of your memorandum dated 6/17/80 to the Mayor and Council on this sub- ject, the following comments are submitted. There is no question that the city can accept the responsibility if it so desires. White basically it is the responsibility of the private property owner, the City of Kenai can elect to assume it at public expense instead of insisting that. the private property owner do so. Approximately one year ago the City of Anchorage did assume responsibility for this type of enforcement. I would again request that the following issues he addressed prior to a decision being made that the city to both ready and able to assume such responsibility; 1. Do artment Manning At present departmental manning allows for shift coverage of two officers per shift. During the hours of S AM to 6 PM (primary problem hours at the Mall) manpower utilization to primarily centered on answering calls for service delivery and criminal case investigation. During this time period, ex- cept on weekends, very little time is available for general preventative crime and traffic enforcement patrol. This is at a time when the per capita accident injury and fatality rate in Kenai for several years has been one of highest in the State. In addition residents of subdivisions, most recently Thompson Park, have requested that higher visibility of police patrol be present. Additionally in view of the increasing criminal case investi- gation load over the last few years and the declining resolution rate the position of Investigator has been requested in the last three annual budgets. This was to both meet the investi- gation needs of the department and Increase the number of patrol hours available. Thi.:c request has after reasonable consideration on the part of the administration and Council boon denied based on economic realities. The result has been an apparently accept- able decline in service delivery. To take on this highly visible enforcement responsibility, not hereto planned for, would furth- er add to this decline. (Please refer to"Police Service Levels 1975 - 79" in 1979 Annual Police Report). I f.__ __ _ «_ N. Pro ected Enforcement Reynirements for Mall Busod on the nro�io4cd - I' f rc± lane Zone" i t i s requested that the City Attorney determlao whether I1olform Traffic Citation issuunce would be deemed to he an effective moans of enforcement from a potential liability Point of view. The hazard continuos to romaln after the 11'1'(; issued, versus Impound where the hazard I,; physically removed. Impound is the more time consuming, of the two, but also provides the greater future deterrence. It is also the more unpopular of the two. Bused on the higher visibility of violation, once posted and unforced, it is projected that a considerable number of calls will be received reporting violators. This necessarily will make it a priority enforcement item over other routine patrol functions. The result will be an even further decline in traffic enforcement and police visibility in outlying subdivisions. While it is not of such priority to cause any interruption in service delivery or other calls, it will be another source of interruption in criminal case investigations which are the responsibility of day shift officers. :i Based on the past experience of Airport Loop and Airport parking enforcement and the "one purchase - few minute" psychology it is projected that this area, once accepted, will be a continual enforcement problem. This combined with the public realization that the actual enforcement capability would allow for in- frequent patrols of the area. 3. Precedent for Puture Requests Should the City accept th s rosponsibility consideration should be given to what criteria will be used in the future when similar situations arise. At prosont "Piro Lane" enforcement by property owners in less highly visible locations is occuring within the City. This includes the School District, apartment complexes, otc. It is felt the preceding issues must be addressed. However, it is realized that there is a problem at the Mali that has potential unpleasant consequences that must be resolved. In addition to your proposed solution to the problem the follow- ing suggestions are also put forth for your consideration: I. The City maintain its present position that the problem is that of the private property owner and insist that it must he addressed by them. 2. The City explore the possibility of adoption of an ordinance that requires that the private property owner under specified circumstances, such as that that exists at the Mall, enforce fire lane designations. 3. The City explore accepting the responsibility by ordinance but provide for enforcement through contractual arrangement with a wrecker service. Allowing for violator impoundment without time consuming police officer involvement. .. .._�.. .. s .. ... .ems. .. I.s v�i./GiJ•iR ..t�_'.,...r,�IfSYYfLC:1'pjy�. �� 14 �►;�� Sri July 10 1960 BUSINESS OFFICES: 1241 Fairbanks Street Anchorage, Alaska 99501 BUSINESS PHONE: 1007) 274.7691 Mr. Bill Brighten, City Manager City of Kenai Box 500 Kenai, AK 99611 REs Fire Lanes at the Kenai Shopping Center Dear Mr. Brightens Please find enclosed a letter that I received in my office from the Municipality of Anchorage. The purpose of this letter was to explain how the fire lanes and protection codes are enforced in the Anchorage area. Hopefully this information will be of help to you in enforcing fire lanes in the Kenai area. Please contact my office if you have any further questions or need more assistance. Thank you for your help and consideration in this matter. Remaining, Cordially yours, Wbw IVQ" Delores Mitchell Property Manager DM/mim enclosure i J t � JQ ANCHORAGE, ALASKA 99502 264-4901 (907) Lcae �► �.k.� ire i� ". GEORGE sL.rha • ""i ,.� M. SULLIVAN MAYOR i - I FIRE DEPARTMENT Fire P„w-tion Divition June 52�OS; el 80 Delores Mitchell 1341 Fairbanks Anchorage, Alaska 99501 Re: Fire Lanes Dear Ms. Mitchell: Please find attached, photo copies of the Uniform Fire Code, Sections and Amendments involving Fire Lanes and Fire Protection equipment obstruction on both private and public property. Section 10.206 and 10.207 are both applicable. The Anchoraqe Municipal Code reference would be A.M.C. 23.45.10.206 & 207, 1979 Edition. If I can be of further assistance please notify me. RAF:sp: Ross A. Fosberg Chief Fire Marsha f ' 16 ANCHORAGE, ALASKA 99502 OX if ".f (907) 264-4901 I 4�.�.b-✓�i..� a.t� ,� 1��� i�Z; : ;7 GEORGE M. SULLIVAN �41AYOR FIRE DEPARTMENT Fire Peuvantion Division June d'1680 Delores Mitchell 1341 Fairbanks t Anchorage, Alaska 99501 Re: Fire Lanes Dear Ms. Mitchell: Please find attached, photo copies of the Uniform Fire Code, Sections and Amendments involving Fire Lanes and Fire Protection equipment obstruction on both private and public property. Section 10.206 and 10.207 are both applicable. The Anchorage Municipal Code reference would be A.M.C. 23.45.10.206 & 207, 1979 Edition. If I can be of further assistance please notify me. I F gee RAF:sp: Ross A. Fosberg Chief Fire Marsha f I 'L' 1979 EDITION 3•1 10.205-10.301 to obstruct the entrance to suj:Ij rued or trail. ObGtrUCti0n Of MO-prOtocilon Equipment v SM 10-206. No person shall place or keep any post, fence, vehicle, % ft. tw vO th, crash, storage or other material or thing hear any fire hydrant, fire department conne.tIon or fire protection System control valve that would !,!.?i A L JV .-V prevent such equipment or hydrant from heing immediately discernible or , in any other manner deter or hinder the lire department from gaining im• mediate access to said equipment or hydrant. S.- Access Roadways for Fire Apparatus Sec. 10.207. (a) Every building hereafter constructed shall be accessible 4 c 2 to fire department apparatus by way of access roadways with all-weather 4 driving surface of not less than zo feet or unobstructed width, with ado. A > quote roadway turning radius capable of supporting the Imposed loads of "'Pik fire apparatus and having a Minimum or ii real, 6 inches of vertical clearance. .4, EXCEPTIO.%: When there are not more Than two Group R, Division 3 ur w M Oixupaneles as defined In the Building Code, the requirement of this $cc. '-t doe may bomodified when, in 111coPinion Of 1hachlef, fire-fighiingor rescue A operations %ould not be Impnifed. (b) The required width of access roadways -thall not be obstructed in any !4L manner, Includir.3 parking of vehicles. "NO PARKING" signs and/or other appropriate notice prohibiting obstructions may be required and shall be maintained. .4f (c) The access roadway shall be extended to within ISO feet of all por. 'I th liens Of the exterior wallsof the first story of any building. Where the ac. ,pr- cess roadway cannot be provided, approved fire protection system or , systems shall be provided as required and approved by the chief. ' (d) Where fire protection sYsleins approved by the chief are provided, 'V. the above required clearance may be modified. (e) The chief shall We the authority to require an Increase in the I minimum access widths where such width Is not adequate for fire or rescue operations. 0- 31A 51 q MA Pr8MIc03 Identification See. 10.208. Approved numbers or addresses shall be plated on all new and existing buildings to such a position as to be plainly visible and legible from [lie street or road fronting the property. Said numbers shall contrast :in Me. nm with their background. 0¢:+ ;�,�` � h DIVISIon III :3, INSTALLATION AND MAINTENANCE OF FIRE- *V­- PROTECTION, LIFE -SAFETY SYSTEMS AND APPLIANCES Installation See 10-301. (a) The chief shall designate the type and number of fire ap- . . . At, I 10,301 UNIFORM FIRE COCE pliances to be installed and maintained in and upon all buildings and 41 premises in the jurisdiction other than private dwellings. 'riti, shall be done according to the relative severity of probable fire, including the % rapidity with which it may spread. Such appliances shOl be of a type .51 - suitable for the probable class of 11rc associated with such building or premises and shall have approval of the chief. Portable rite extinguishers shall be in accordance with U.F.C. Standard No. 10-1. (b) in occupancies or an especially hazardous nature or where special hazards exist In addition to the normal hazard of the occupancy, or where to, access for rite apparatus is unduly difficult, additional safeguards may be required consisting of additional rite appliance units, more than one type of appliance, or special systems sultub!c for the protection of the hazard involwd. Such devices or appliances May Consist Of automatic fire alarm systems, automatic sprinkler or water spray systems, standpipe and hose, fixed or portable fire extinguishers, suitable asbestos blankets, breathing apparatus, manual or automatic covers, or carbon dioxide. foam or other •16 special fire-extiaguishing systems. Where such systems are Installed, they shall be in accordance with the applicable Uniform Fire Code Standards or standards of the National Fire Protection Association when Uniform Fire Code Standards do not apply. (c) An approved water supply capable of supplying required fire now for fire protection shall be provided to all premises upon which buildings or portions of buildings are hereafter constructed. When any portion of the building protected is in excess of 150 feet from a water supply on a public street. there shall be provided. when required by the chief, on -site fire hydrants and mains capable of supplying the required fire flow. Water supply may consist of reservoirs. pressure tanks, elevator tanks. ip. J, .1 water mains or other fixed system capable of supplying their required fire 41 flow. In setting the requirements for fire flow, the chief may be guided by the standard published by the Insurance Services Office. "Guide for Determination of Required Fire Flow." The location, number and type of fire hydrants connected to a water supply capable of delivering the required fire now shall be provided on the �4 aublic street or on the site of the premises to be protected as required and pproved by the chief. All hydrants shall be accessible to the rite depart- ment apparatus by roadways meeting the requirements of Section 10-208. 04Y (d) When fire protection facilities are to be Installed by the developer, such facilities including all surface access roads shall be Installed and made 41 - serviceable prior to and during the time of construction, When alternate methods of protection, as approved by the chief, are providedthe above - TI, may be modified or waived. 4., V. .: (e) All fire alarm systems, fire hydrant systems, fire-ex59 tinguishing systems (including automatic sprinklers). wet and dry standpipes. base. J` meat Inlet pipes. and other fire -protection systems and per tinents thereto U., 63 If A i i � � i I ,f .,,,b."k,4. Dead-end Fire Depart. -rent access reads in excess of 300 feet long shall be provided with approved provisions for the turning around of Fire Depar me' t apparatus. (b) add the following sentence: "No parking" signs shall be muricir.slll approves: signs, and tae cost of such signs shall be borne by the property owner. (c) In the first sentence, change "150 feet" to 11100 feet." (AO 78-105, am AO 80-1) , 23.45 JO.301(c) Installation. Amend subsection (c), paragraph 2, by substituting the following paragraph:, Water supply may consist of reservoirs, pressure tanks, elevator tanks, water nains or other fixed systems capable of supplying the required fire flow. The water system shall be designed to the standards o', and have the approval of, the water utility which provides service in the area. If the water systen for a structure is not in an area served by a water utility, it shall meet the standards of the nearest water utility. Water flows shall meet, to a reasonable degree, the standard published by the Insurance Services Office, "Guide for Determination of Required Fire Flow." (AO 78-105, am AO SO-1). 23.45.10.301(d) Installation. Amend subsection (d) by adding after it an exception to read as follows: EXCEPTION: In areas of jurisdiction which are not served by a water utility, the requirements for water systems as outlined in subsections (a) and (c) need not be met, provided all structures other than dwellings are of at least one -hour fire -resistive construction or are provided with a. fire -extinguishing system designed in accord with Section 10.308 of the Uniform Fire code, 1979 Edition. (new, am AO 78-105, AO 80-1). 23.45.10.305 Fire extinguishers in parking areas .Amend by adding an exception to read as folio, l i i Y w /,/ ,/� C•t45YP Ex losiyes or BlastinjAuents. For permits for explosives or blasting agents, see Section 7 .lOd: �,�+�,'�:� � J.. � Fireworks. For permits for fireworks, See Article 78. Open Burning. See Bonfires. 23.45.4.104 -Inspection Required - Amend by revising the first sentence I.q.�F(�S!Y�' • ' ':w M;t^.•: To read as fol lows: •~ �;•i .f• is Except as otherwise provided in A.M.C. 15.35.100 (7), before a permit may be issued, the Chief or his authorized representative shall inspect and i approve the receptacles, vehicles, building, devices, premises, storage e:r ��• °;�.:��' spaces or areas to be used." J.• pi 23.45.9.104 - "B" definitions and abbreviations. Amend by adding the following definition: �? j �:r�9{•ems: BUILDIttG, PUBLIC shall be any structure which is other than Group R-3 '�'•�1�: dwelling or Group t4-1 Occupancy as defined in the Uniform Building Code. (AO 80-1) 23.45.1.0.206 Obstruction of fire -protection "O ment Amend to read as follows: No person shall lace or keep an p y post, fence, growth, trash, storage '"'•' '�`' - "�.��_��• � .�. or other material or thing near any fire hydrant, Fire Department connection fire or protection system control valve on private or public property that `•N;ao:. would prevent such equipment or hydrant from beinq immediately discernible �,f•'';� or in other manner deter or hinder the Fire Department from gaining yt:: immediate access to said equipment or hydrant. No vehicle shall be parked a'`:•; _ within 15 feet of the front and 10 feet of the sides of a fire hydrant, Fire Department connection or fire protection control valve on private or �.,.. ,.. public property. Fire hydrants, P P P Y• Y Fire Department connections and fire protection system control valves will be i,�� x• ' posted with an approved Municipal no parking" sign. The cost of such signs shall be borne by the property . 1 owner. (AO 78-105 , am AO 80-1) . 23.45.10.207 Access roadways for fire apparatus. •yeA Amend subsections (a), (b), and (c) to read as follows: • •s (a) Change vertical clearance from "13 feet, 6 inches" to "14 feet", r••' z�••• � -` Add a new sentence to the end of the first paragraph to read:f,;: 0079 r a i it I L-. - H - - - - -- — - N, ` 7-0 190