HomeMy WebLinkAbout1980-07-16 Council PacketKenai City Council
Meeting Packet
July 16, 1980
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AGENDA
C� KENAI CITY COUNCIL - REGULAR MEETING
JULY 16, 1980
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
B. PUBLIC HEARINGS
.4-. Ordinance 582-80 - Issuance and Sale of $400,000 -
G.O. Bonds
-3 -S. Ordinance 583-80 - Establishing Special Revenue Fund -
Senior Citizen Project - $147,680
.3. Ordinance 584-80 - Amending Title 12 - Regulating
Burglar & Hold -Up Alarm Systems
A: Ordinance 585-80 - Increasing rev/appns - New Capital
Project, Softball Fields Complex - $75,000
Ordinance 586-80.- Increasing rev/appns - New Capital
Project - Youth Center - $525,000
.� -6. Ordinance 587-80.- Increasing rev/appns - Grant From
State, 1980-81 General Fund Budget - Kenai Peninsula
Community Care Center - $150,000
co,+p-e--T. Ordinance 588-80 - Amending KMC-22.05, Section 70 -
Property Exchanghs, and New Section for Sale of City -
owned Land to Adjacent Property Owners
-8'. Ordinance 590-80 - Amending Title 23 - New Position,
Administrative Coordinator
Ordinance 591-80 - Increasing rev/appns - New Capital
- Project Fund, Harbor Study for Study & Design of
Small Boat Harbor in Kenai River - $500,000
4t. Ordinance 592-80 - Maintenance of Gravel Aircraft
4 Parking Ramp - $6,150
C. PERSONS PRESENT SCHEDULED TO BE HEARD
02 Doris Lashley - Serendipity Lease
D. MINUTES 1. Minutes, Regular Meeting - Jtlly * 2, ' 1.980 6' 7' 1 d I
116(
E. CORRESPONDENCE
--� 1. Edward Ferguson, Lease•Amendment - Lot 1, Block
Gusty S.D. (
F. OLD BUSINESS
i * 1. Carr's Parking Lot
* 2. Ray Cason Lease
* 3. Gerald Wasson Lease
4. Gate 54 Parking Problems
TA —
G. NEW BUSINESS
1. Bills to be Paid, Bills to be Ratified
. Requisitions Exceeding $1,000
Ordinance 593-80 - Emergency Ordinance to Allow Entry
to Beach Area.Other Than Spruce Street
4. Ordinance 594-80 - Purchase of Micro -Film System for
City Departments - $16,000
5. Ordinance 595-80 - Increasing rev/appns - Capital Project
Fund - Frontage Road - $712,000
6. Ordinance 596-80 - Increasing rev/appns - Capital Project
Fund - Bidarka, Barnacle, Caviar, Redoubt, Fidalgo -
$1,040,000
7. Ordinance 597-80 - Increasing rev/appns - General Fund
Budget - Donation from Kenai Community Library
(Furniture) - $2,000
%)04&'8. Resolution 80-119 - Award of Contract - Construction of
Airport Taxiway Lighting & Standby Generation Facility
�9. Resolution 80-120 - Transfer of Funds - Services from
Bond Counsel Relating to Sale of City Hall GO Bonds -
$1,000
f10. Resolution 80-121 - Transfer of Funds - Dumpster Rental
for Beach - $300
r/ 11. Resolution 80-122 - Awarding Contract - Maintenance of
City Radios to SouthCentral Communications - $13,632
12. Resolution 80-123 - Awarding Contract - Airport Taxiway
Lighting & Standby -Generation Facility, Engineering
Services - $30,000
&.--•13. Resolution 60-124 - Accepting Bids - Equipment Rental -
City Parks
4,-'f4. Resolution 80-125 - Loan Agreement with Alaska Municipal
Bond Bank and Issuance of Bond to Alaska Municipal Bond
Bank
15. Request for Sub -Lease, Katmai Motel - Athanasios D.
Maheras
16. Agreement for Vending Machine Concession - Tyler
Distributing Co.
17. Contract Agreement - Officer Randall Cordle and City
of Kenai
18. Contract Change Order $1-IA - Sewer Treatment Plant
Expansion - Brown & Assoc. - $81,000
19. Estimate for Partial Payment - Sewer Treatment Plant -
Brown 8 Assoc. - $357,094.18
20. Alaska Boiler.& Heat Exchanger Service, Inc. - Lubs
Facility & Addition to Shop Building - $43,300
21. Wince, Corthell, Bryson & Freas - Airport Improvements -
$23,676.35
22. Ward Landscaping Service - Equipment Rental - Parks &
Recreation - $19,272.50
23. Petition for Street Improvement District - Linwood
Lane
H. REPORTS
1. City Manager
2. City Attorney ~ -
3. Mayor
H-4 . City Clerk
5. Finance Director
6. Planning & Zoning
7. Kenai Borough Assembly
8. Harbor Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
T* See Packet of June 18, 1980
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19I��1�'I�JrI������:
ERIC E. WOHLFORTH
ROBERT B. FLINT
TIMOTHY 0. MIDDLETON
PETER AROETSINGER
W. J. PAT SORSBY
LAW OFFICES
WOHLFORTH & FLINT
A PgOPFOUIONAL CORPORATION
000 WEST STH AVENUE. SUITE 905 TELEPHONE
AREA CODE 007
ANCHORAOE, AL.ASKA 99501 276.6401
July 9, 1980
Mr. Charles A. Brown
Finance Director
City of Kenai
P. O. Box 580
Kenai, Alaska 99611
Res $400,000 City of Kenai General
Obligation Bond Sale
Dear Mr. Browns
As we discussed Monday morning, enclosed is a revised version
of City of Kenai Ordinance No. 582-80 suitable for action by the
City Council at its meeting on July 16, 1980.
Most of the changes made relate to the Alaska Municipal Bond
Bank maturity schedule set out by Foster & Marshall, Inc. in
their recent letter which differed from that contained in the City
of Kenai application to AMBBA. The other change is that of the ,
first interest payment date from February 1, 1981 to August 1,
1981, again to conform to the AMBBA bonds.
For your convenience you may find the changes as follows:
1. Section 1(e) - section reference change from 16
to lei
2. Section 4 - updated maturity schedules
3. Section 5 - insertion of August 1, 1981 interest
payment date]
4. Section 13 - revised to provide for redemption
prior to maturity now that bond terms are longer than ten
years;
S. Sections 14 and 15 (new) - provide for redemption
and succeeding sections are renumbered as follows;
6. Section 16 - bond form revised to provide for
August 1, 1981 interest payment date and redemption of
bonds prior to maturity;
Mr, Charles A. Brown
July 91 1980
Page Two
7. Section 17 - changed to provide in registered
bond form for updated maturity schedule and redemption of
bonds prior to maturity.
Also enclosed is the resolution providing for sale of the
bonds to AMEBA with attached Loan Agreement by which the Mayor is
authorized to execute the Loan Agreement at an interest rate not
to exceed eight percent. For your information, the notice of
sale of the AMEBA bonds provides that no bid over eight percent
will be accepted. Presumably if all bids come in over eight
percent a period of negotiation and regrouping will immediately
begin. You may want to discuss his intentions in that regard
with David Rose as you get a chance.
If the enclosed documents prompt any questions, please feel
free to call Tim Middleton of this office as it appears I will be
unavailable the major part of the next two weeks.
We are prepared to have one of the partners of this firm
attend the City Council meeting on July 16. However, your advice
is sought in that regard, particularly in view of our recent
discussion on keeping down costs of the issue.
Very truly yours,
Q�O�-
Pete Argetsinger
PA/lw
Enclosure
cc Mr. David A. Rose
Executive Director -AMEBA
Ben T. Delahay, Esq.
City Attorney
S U B S T I T U T E
CITY OF KENAI
ALASKA
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
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CITY OF KENAI Page 2
ORDINANCE NO. 582-80
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
CITY OF KENAI
ORDINANCE NO. 582-80
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 allot-
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
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CITY OF KENAI Page 4
ORDINANCE NO. 582-80
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.
(e) "Paying Agent" and "Principal Paying Agent" shall mean
the banks, trust companies, or national banking associations appoin-
ted by the City pursuant to Section 18 hereof.
Section 2. Authority for Ordinance. The City has ascer- .
twined 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
f 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
` 1 "City of Kenai General Obligation Bond, 19801, shall be issued in the
i aggregate principal amount of FOUR HUNDRED THOUSAND DOLLARS i
($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
fby resolution of the Council passed prior to the sale.
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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:
Maturity
August 1
Amounts
1982
$10,000
1983
10,000
1984
10,000
1985
10,000 y
1986
151000
1987
15,000
1988
15,000 '
1989
15,000 .
1990
20,000
1991
20,000
1992
20,000
1993
20,000
1994
25,000
1995
25,000 '
1996
30,000
1997
30,000
1998
35,000
1999
35,000
2000
40,000
Section 5. 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 August 1, 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-
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CITY OF KENAI Page 6
ORDINANCE NO. 582-80
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
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, 1980. 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
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CITY OF KENAI Page 7
ORDINANCE NO. 582-80
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 signs-
ture of the Clerk are in facsimile form, the Bonds shall contain a certi-
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. ,
J (Name)
Paying Agent '
By
- j 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 j
` surrender of the coupons, if any, representing such interest as the
some respectively fall due. The interest on the registered Bond shall 1
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CITY OF KENAI Page 8
ORDINANCE NO. 582-80
be paid on each interest payment date to the Alaska Municipal Bond
Bank or its registered assigns.
Section 7. Exchange 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
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 dell -
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
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
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Agent. Such transfer may be to bearer and thereby transferability by
delivery shall be restored subject, however, to successive registrations
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CITY OF KENAI Page 9
ORDINANCE NO. 582-80
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.
Section 9. Transfer of Registered Bond, Delivery of New
Bonds and Fees of City and Principal Paying Agent. 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
r
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
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CITY OF KENAI Page 10
ORDINANCE NO. 582-80
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
than bearer, the person in whose name the some 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-
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CITY OF KENAI Page 11
ORDINANCE NO. 582-80
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 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 maturing on
or after August 1, 1991 shall be subject to redemption by or on behalf,
of the City prior to maturity and upon notice as hereinafter provided,
as a whole or in part in inverse order of maturity on any interest
payment date on or after August 1, 1990, at a redemption price equal
to the principal amount of each Bond to be redeemed, together with
-interest accrued thereon to the redemption date.
CITY OF KENAI
ORDINANCE NO, 582-80
Page 12 i
If less than all of the Bonds of like maturity are to be re-
deemed, the particular Bonds to be redeemed shall be selected in in-'
verse numerical order.
Section 14. Notice of Redemption. When the City determines
to redeem any Bonds, it shall give notice of such redemption, which
notice shall state the redemption date and identify the Bonds to be
redeemed by reference to their numbers and further state that on such
redemption date there shall become due and payable upon each such
Bond the principal amount thereof (hereinafter in this Ordinance re-
ferred to as the "Redemption Price") together with interest accrued to
the redemption date, and that from and after such date interest thereon
shall cease to accrue. Such notice shall be given by mailing notice to
the registered owner of each Bond at the address kept on the books of
the City and by publication at least once not less than sixty days prior
to the redemption date in a newspaper which is customarily published at
least once a day for at least five days (other than legal holidays) in
each calendar week, printed in the English language, and published in
one newspaper of general circulation in the Borough of Manhattan, City
and State of New York, or the City of Seattle, Washington. In the
event all Bonds are registered, no publication shall be required.
Section 15. Payment of Redeemed Bonds. Notice of redemp-
tion having been given in the manner provided in Section 14, the Bonds
so called for redemption shall become due and payable on the redemp-
tion date stated in said notice at the applicable Redemption Price on
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CITY OF KENAI
ORDINANCE NO. 582-80
Page 13
said date plus interest accrued and unpaid to the redemption date, and,
upon presentation and surrender thereof, at the principal office of the'
Paying Agent or in the case of the registered Bond, at the office of the
City, together with, in the case of Bonds registered otherwise than to
bearer, a written instrument of transfer duly executed by the
registered owner or his duly authorized attorney and, in the case of
Bonds not registered as to interest, all appurtenant coupons maturing
subsequent to the redemption date, such Bonds shall be paid at the
said Redemption Price plus interest accrued and unpaid to the redemp-
tion date not represented by coupons for matured interest installments.
All interest installments represented by coupons which shall have
matured on or prior to the redemption date shall continue to be payable
to the bearers of such coupons. if, on the redemption date, moneys.
for the redemption of all the Bonds to be redeemed, together with
Interest accrued and unpaid to the redemption date, shall be held on
behalf of the City at the principal office of the Paying Agents so as to
be available therefor on said date and if notice of redemption shall have
been published as aforesaid, then from and after the redemption date
the Bonds so called for redemption shall cease to bear interest and the
coupons for interest appertaining thereto maturing subsequent to the
redemption date shall be void and said Bonds and coupons shall no
longer be considered as outstanding hereunder.
Section 16. Form of Coupon Bond. Each coupon Bond, the
coupons to be attached thereto and the provisions for registration to be
CITY OF KENAI Page 14
ORDINANCE NO. 582-80
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.
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 �.
t
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,
119, 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 August 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
CITY OF KENAI Page 15
ORDINANCE NO. 582-80
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,
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.
1 The Bonds maturing on or after August 1, 1991, are subject
to redemption by or on behalf of the City prior to maturity and upon
F�
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CITY OF KENAI Page 16
ORDINANCE NO. 582-80
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f
notice as set forth in the Ordinance, as a whole or in part in inverse
order of maturity on any interest payment date on or after August 1,;
1990, at the principal amount of each Bond to be redeemed, together
with interest accrued thereon to the redemption date.
If less than all of the Bonds of like maturity are to be re-
deemed, the particular Bonds to be redeemed shall be redeemed in
Inverse numerical order as provided in the Ordinance.
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 ,=
` made on said books by the registered owner hereof in person or by his _
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 i -
I
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
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CITY OF KENAI Page 17
ORDINANCE NO. 582-80
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.
• 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
CITY OF KENAI Page 18
ORDINANCE NO. 582-80
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,
1980.
Mayor
(SEAL)
ATTEST:
City Clerk
- 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
..................
.........................
..........................
.
................. 0
.. ... . .. ... ... . . .. . . . . ...
0 .........................
..................
.........................
..........................
........... 0 ......
...... • ..................
.0 ....................... .
FORM OF COUPONS
No. ...............
$.............
On the
first day of
, 19 , the City of
Kenai will pay to the bearer at the principal office In the
CITY OF KENAI Page 19
ORDINANCE NO. 582-80
a Paying Agent of the City, or at the option of the
holder, at the principal office in the
a Paying Agent of the City, upon surrender
of this coupon, Dollars ($ ), 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 Oblige-
tion Bond, 1980. No . .....................
City Clerk
City of Kenai
�1
Section 17. 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, fourth, 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
CITY OF KENAI Page 20
ORDINANCE NO. 582-80
r-
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 August 1, 1981, as follows:
Maturity interest
August 1 Amount Rate
1982 $10,000
1983 10,000 "
1984 10,000
1985 10,000 .
1986 15,000
1987 15,000
lose 15,000
1989 151000
1990 20,000
1991 20,000
1992 20,000
1993 20,000
1994 25,000
1995 25,000
1996 30,000
1997 30,000
1998 35,000
1999 35,000
2000 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
public and private debts.
SECOND PARAGRAPH i
This Bond is the single registered Bond of the series of Bonds entitled
General Obligation Bond, 1980, of the City of Kenai, Alaska, aggregat-
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CITY OF KENAI Page 21
ORDINANCE NO. 582-80
^1
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
Issuance for such purposes approved and ratified by 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, and is issued
pursuant to Ordinance No. 582-80 of the City (herein called the "Ordi-
nance") -
FOURTH PARAGRAPH
The installments of this Bond becoming due on or after August 1, 1991,
,- are subject to redemption by or on behalf of the City prior to maturity
and upon notice as set forth in the Ordinance as a whole or in part in;
inverse order of maturity on any Interest payment date on or after
August 1, 1990 at a redemption price calculated with respect to each
installment or portion thereof to be redeemed equal to the amount
thereof, plus accrued interest to the date of redemption.
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
Instrument of transfer satisfactory to the City duly executed by the
registered owner or such duly authorized attorney. At the option of
.. .
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CITY OF KENAI Page 22
ORDINANCE NO. 582-80
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
Mayor
(SEAL)
ATTEST:
City Clerk
CITY OF KENAI Page 23
r ORDINANCE NO. 582-80
Section 18. 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
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. j
I
Section 19. Authority of Officers. The Mayor, City Manager,
i 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
� e 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.
II
Section 20. 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
Bonds ratably and in proportion to the amount due thereon respectively
. for principal or. Interest as the case may be.
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CITY OF KENAI Page 24
ORDINANCE NO. 582-80
(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 I9gal,
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. 1
Section 21. 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 22. Arbitraoe Covenant. The City covenants with
the holders of all Bonds at any time outstanding that It will make nd
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 i
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
s
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CITY OF KENAI Page 25
ORDINANCE NO. 582-80
1
Treasury issued thereunder, to the extent that such requirements are,
at the time, applicable and in effect.
Section 23. 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 24. 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 25. Pledoee. The City hereby irrevocably pledges
and covenants that it will levy and collect taxes upon all taxable prop -
arty 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
i�
ATTEST:
JANET WHELAN, City Clerk First Readings July 2, 1980
Second Readings July 16, 1960
Effective Date: August 16, 1980
I
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
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.
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 1990-91:
General Fund
Increase estimated revenues
Rental -Fort Kenay (In -kind) $22,680
increase appropriations:
Non -departmental - Rent $22,680
Kenai Senior Citizens Pro ect
FY 9 0-81
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
$1471630,
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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)
31000
Professional Services
(in -kind)
1,200
Printing & Binding
750
Miscellaneous
12
3 760
Congregate meals:
Salaries & Wages
$110911
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
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Ord. 583-80, page 3
AM,
Home Delivered Meals
Salaries & Wages
$ 8,106
Accrued Leave
S00
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
24 003
Total Appropriations
$147,680
PASSED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA this 16th
day of July, 1980.
INCENT
O REILLY, MAYOR
ATTESTS
Janet Whelan, City C erk
Approved by Finances [AyAt
First Reading: July 2, 1980
Second Reading: July 16, 1980
Effective Date: July 16, 1980
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CITY OF KENAI
ORDINANCE NO. 584-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, A
AMENDING TITLE 12, HEALTH AND SAFETY, OF THE KENAI
CODE TO ADD CHAPTER 12.30, REGULATING BURGLAR AND H
ALARM SYSTEMS.
WHEREAS, the use of burglar and hold-up alarm syste
have an appreciable affect on the protection of per
property within the City of Kenai, and
WHEREAS, unregulated use of such systems and automa
dialing into the Kenai Communications Center - part
in the case of false alarms - can unnecessarily tie
of communication, and
WHEREAS, it appears desirable to provide for the re
of the use of such systems.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF TH
KENAI, ALASKA as follows:
Section 1s That the City of Kenai Code of Ord
is hereby amended by adding a new chapter to be nun
12.30 which shall read as set forth on the pages at
hereto.
Section 2: This ordinance shall be effective
October 1, 1980.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
day of August, 1980.
VINCENT O REILLY, MAYOR
ATTEST:
Janet Whe an, City Clerk
First Reading: July 21 19
Second Readings July 16,
Effective Date: October 11
1
CHAPTER 12.30
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BURGLAR AND HOLD-UP ALARM SYSTEMS
Sections:
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.
12.30.010 Short Titles This Chapter shall be known
and may be cited as Burglar and Hold-up Alarm Ordinance.
12.30.020 Purposes The purpose of this Chapter is to
provide minimum standards and regulations applicable to
burglar and hold-up alarm systems, alarm businesses, and
alarm users as defined in this Chapter.
12.30.030 Definitionss 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
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(c) "Alarm user" means any person on whose premises•
6 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
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(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 shall be 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 t e 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
mow- - -- / -
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.
12.30.090 Alarm System Use Without Permits Any alarm
system user who operates an alarm system controlled by this
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 Devices (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.
(c) Automatic dialing devices designed to transmit
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
Y 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.
12.30.110 Automatic Dialing Device Standards: Automatic
devices installs on any premises which are interconnected
to a special trunk line transmitting signals into the Com-
munications Center shall meet the following minimum standards:
j f
I 12-13
V-1 t
(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.
12.30.120 Direct Connection to the Communications Center:
(a) Upon the favorable recommendation othe 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
>14
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 followings
(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.
(f) 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. 1
(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 E ui mentt No alarm system
designed to tran`sm 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 tot
(a) obtain an alarm user permit as required in Section
12.30.060 or
12-16
'- - ----' --`�r' ------'----- ---------'~ -- --- TA
(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,
| �x�
� ���
t
r.
CITY OF KENAI
ORDINANCE NO. 585-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING
ESTIMATED REVENUES AND APPROPRIATIONS BY $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 d
appropriations be made i .��--�
01
• 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
ME I
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_ wap`�ropriations be madex ,4+a.Q,_ .• :2- ��,
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
2 ,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of July, 1980.
VINCENT O REILLY, MAYOR
ATTESTS
Janet Whelan, City Clerk
Approved by FinancesW _ 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.
WHREEAS , 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:
I. 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 l8th
day of July, 1980.
VINCENT O'REILLY , MAYOR
ATTEST:
Janet Whelan, City Clerk
Approved by Finance Director§24 First Reading: July 2, 1980
Second Reading: July 16,1.980
Effective Date: July 18, 1960
0
CITY OF KENAI
ORDINANCE NO. 588-80
dy
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KNC 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 be of such
small size or such location that they could be put to no 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:
1122.05.070 Property Exchanges: The Council may approve,
by resolution, after pu 1 c notice and an opportunity for public hearing, the conveyance and exchange of a
parcel of City property for Broperty owned by another
person subject to such conditions 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 2s That the Kenai City Code of Ordinances is
hereby amen eded by adding a new section to be numbered
22.05.075 which shall read as follows:
1122.05.075 Property Sale to Adjacent Owners: The*
Council may approve, by reso ut on, 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 judyyn�een f the City Council, the parcel of land
is of sucKMize4i 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."
V 11 '1--JA
6✓ %
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 Reading: July 2, 1980
Second Reading: July 16, 1980
Effective Date: August 16, 1980
J
- 1
CITY OF KENAI
ORDINANCE NO. 590-80
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 "17."
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
followss
(b) ADMINISTRATIVE SUPPORT
201 Department Assistant I 3
202 Department Assistant II 7
203 Administrative Assistant 8
204 Accounting Technician 1 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 Finance:00d First Readings July 2, 1980
Second Readings July 16, 1980
Effective Dates August 16, 1980
I��■�y7 L: �[jhQ _
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 $500,000
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 11000
Transportation 3,000
Advertising 10000
Printing & Binding 1,500
Miscellaneous 600
Total operating budget 70,000
Engineering $400,000
Contingency 30 000
Total capital budget 430_000
Total Appropriations $500,000
i
h
Ordinance No. 591-80, page 2
f_
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of July, 1980.
VINCENT W REILLY, MAYOR
ATTEST:
Janet Whelan, City C erk
Approved by Finance: CA/1 First Reading: July 2, 1980
Second Reading: July 16, 1980
Effective Date: July 16, 1980
• CITY OF KENAI
it
"Od eaj� 4 4"
' ►. 0. WK $80 KENAI. ALASKA 00011
-- TELEPHONE 9E8 • 78E5
MEMO TO: KENAI CITY COUNCIL /f��
FROMs CHARLES A. BROWN, FINANCE DIRECTOR "
SUBJECT: HARBOR ORDINANCE (APPROPRIATION OF $5009000)
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 Coorinatorls pay
range should be at'11711.
Salaries in the proposed ordinance are as follows:
_ Rme . Salary .. Benefits Total
Administrative Coordinator 17B $ 28,682 $�' 8,737 $ 37,419
Secretary 7B :'1�7.6_12 6,,137 23.749
Total 46 294 14 874 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.
f
SUBSTITUTE
CITY OF KENAI
ORDINANCE NO. 592-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
APPROPRIATING $6,150.00 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 $6,150.00, and
WHEREAS, monies are available in the Airport Land System
Fund to provide City labor to the project, and
WHEREAS, sufficient monies are 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 appropriations be made:
Airport Land System Fund
Increase Estimated Revenuess
Appropriation from Fund Balance $6,150.00
Increase Appropriationss
Airport M&O - Rentals 1,000.00
Airport M&O - Repair & Mainten-
ance Supplies 4,150.00
•Airport M&O - Repair &
Maintenance 1,000.00
6, 50.00
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 2nd
day of July, 1980.
VINCENT O REILLY, MAYOR
ATTEST: First Reading: July 2, 1980
Second Reading: July 16, 1980
Effective Dates July 16, 1980
Janet Whelan, City Clerk
Approved by Finance
CITY OF KENAI
C;aja" o f 9"" �—,
F. O. BOX NO NINA$. ALASKA 99611
TILIPHONi 980 •7018
i
July 2, 1980
I
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.
k.� •'. H.y/.• •.�� .f .'lam
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i' ;'• �E ' i r
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F,
KENAI CITY COUNCIL
C" JULY 2, 1980
Page 9
sonal request from him to Representative Malone. It
is minimal involvement on the part of the City. Council-
man Ambarian said he had no question as to where the
money is being used. The question is to the City's
involvement.
Motion passed unanimously by roll call vote.
G-9 Ordinance 588-80 - Amending KMC 22.05 to Clarify
Section 70 on Property Exchanges and to Enact New
Section for Sale of City -Owned Land to Owner of
Adjacent Property Where No Other Use Would be Feasible.
MOTIONS
Councilman Mueller moved, seconded by Councilman
Measles, to introduce the ordinance, with the amend-
ment to Paragraph 3, line 2, to read, "small size
or such location that they could be put to no practical--"
Motion passed unanimously by roll call vote.
G-10 Ordinance 589-90 - Increasing rev./appns. by $20#000
in a New Special Revenue Fund Entitled "Kenai Borough
Senior Citizen Grant"
Pat Porter spoke. She explained $8,000 was for the van
purchase, $12,000 was for the kitchen helper. They need
the kitchen helper now. She asked for an emergency
ordinance.
MOTIONS
A
Councilwoman Glick moved, seconded by Councilmen Ambarian
and Malston, to introduce the ordinance and declare it
an emergency.
Atty. Delahay said he didn't believe this was proper.
It is getting around the provision, it is not a true
emergency. Mayor O'Reilly asked if there was any way
we could make it retroactive. Atty. Delahay replied it can
be retroactive. The person hired will be taking a
chance that he will be paid.
Councilwoman Glick withdrew her motion, with consent
of second. . n •
k�;Ve
MOTIONS•o i" v *ky � : Ge*w��' AC4&W Ad:tv
Councilman Ambarian moved, seconded b Counc woman L
Glic , to intro uce, the, ordinance aw ;et - J-k�
G."k acCtt .
Motion passed unanimously by roll call vote.
(M13' p`,.C; f y a t }tl .r.SA �ll� I�.i �.�i'
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. PERSONS PRESENT SCHEDULED TO BE HEARD
D. MINUTES
1. Minutes - Special Meeting - June 12, 1980
2. Minutes - Regular Meeting - June 18, 1980
E. CORRESPONDENCE
F. OLD BUSINESS
*1. Carrs Parking Lot
*2. Ray Cason Lease
3. Personnel Arbitration Board Recommendations
*4. Gerald Wasson Lease
S. 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
S. 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"
8. 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
F�
i
4
9.
Ordinance 588-80 - Amending KMC 22.05 to Clarify
Section 70 on Property Exchanges and to Enact
New Section for Sale of City -Owned Land to Owner of
Adjacent Property Where No Other Use Would be
Feasible
10.
Ordinance 589-80 - Increasing rev/appns by $20,000
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 80-112 - Transfer $2,500 - Parks &
Recreation - to Hire Engineer to Prepare Bid
Documents for Youth Center
14.
Resolution 8b-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
16.
Resolution 80-115 - Accepting Grant Offer in
Amount of $2,100,000 From State for Purpose of
Road Improvements Including Water 8 Sewer
j 17.
Resolution 80-116 - Accepting Grant Offer in Amount
'
of $750,000 From State for Purpose of Water & Sewer
I
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
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
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
i 3.
Mayor
'
4.
City Clerk
S.
Finance Director
6.
Planning & Zoning
.
I -
7. Kenai Borough Assembly
8. Harbor Commission
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
* SEE PACKET OF June 18, 1980
•t
1
,
KENAI CITY COUNCIL - REGULAR MEETING, MINUTES
JULY2 , 1980 - 7: 00 PM
C. KENAI PUBLIC SAFETY BUILDING
MAYOR VINCENT O'REILLY PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Ed Ambartan, Ray Measles, Betty Glick, Ron Malston,
Jess Hall, Dick Mueller, Vincent O'Reilly
Absent: None
AGENDA APPROVAL
Mayor O'Reilly noted Ms. Sharon MacKenzie wished to speak on transfer
of liquor license of Carr's Oaken Keg to the Casino. With approval of
Council,he would like to make this item #C 1.
Mayor O'Reilly said Rich Kochanuski, of Gate 54, would like to speak
to the Council. With approval of Council, he would like to make this
item #C-2.
Council agreed to both additions.
Councilman Ambarian said that since the Council had just received
the information regarding the Carr's Parking lot problem, Item #F-1,
he would request the item be postponed until the next meeting.
Council agreed.
Mayor O'Reilly said at the request of Airport Manager Swalley, he
would request the addition of Ordinance 592-80, appropriating
$6,148.98 for maintenance of a gravel aircraft parking ramp. The
Mayor requested the item be added as #0-26.
Council agreed.
B. PUBLIC HEARINGS
B-1 Application for Liquor License - LaFiesta
Clerk Whelan said there were no outstanding taxes due on the
business, it was a new business.
MOTION:
Councilman Malston moved, seconded by Councilman Ambarian,
KENAI CITY COUNCIL
JULY 2, 1980
Page 2
to send a letter of non -objection to the Alcoholic Beverage Control
Board for the LaFiesta liquor license.
Motion passed unanimously by roll call vote.
C . PERSONS PRESENT SCHEDULED TO BE HEARD
ji C-1 Transfer of Liquor License - Carr's Oaken Keg to Casino
f
Sharon MacKenzie, of Casino Inc. , spoke. She said the Council
has a letter of objection sent to the ABC dated January 25, 1980.
Casino, Inc. will be buying the liquor license and will use the
business on a daily basis. Councilwoman Glick noted the letter from
ABC dated June 13, 1080 stated the liquor license was approved.
i Mr. Bob Snyder explained the State has approved the liquor U-
cense, but must be approved by Council.
i
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick, to
send a letter of non -objection to the Alcoholic Beverage Control
Board for transfer of license from Carr's to Casino.
'I
fMotion passed unanimously by roll call vote.
C-2 Rich Kochanuski, Gate 54 - Janitorial Service, Additional Parking
t
Mr. Kochanuski explained after running for a couple of weeks, he
i can see problems:
1. The bathroom towel machines don't work, the trash bins
` are not sufficient.
i 2. The parking is not sufficient.
I
Mayor O'Reilly noted the bathroom problems should be handled by
Administration. The Public Works Committee was asked to handle
the parking problem.
D. MINUTES
D-1 Minutes of Special Meeting, June 12, 1980
k Councilwoman Glick asked to have page 1, Agenda Approval, par-
agraph 4, line 3, changed to read, "shop. The proceeds of the
auction would first be applied to rental payments in arrears and any
C.
1
KENAI CITY COUNCIL
JULY 2, 1980
Pago 3 E
I
remaining proceeds given to the lessee. Councilman Ambarian ---"
etc.
Minutes were approved as changed, with Mayor O'Reilly's concurrence.
E
Councilwoman Glick asked to have page 2, MOTION, Amendment R,
be changed to read, "Councilman Malston moved the museum budget
be adjusted as follows, repair a maintenance, $1500, this amount
to be deducted from the personnel services only to be funded for
six months---", etc.
Minutes were approved as changed, with Councilman Malston's
concurrence.
Councilwoman Glick asked to have page 4, paragraph 7, line 9,
be changed to read, "arrive at a balanced decision, we should accept
the responsibility that---" .
Councilwoman Glick asked that page 4, paragraph 7, line 13, be
changed to read, "itional personnel, necessary as you see during
the winter snow---". �.
r
Minutes were approved as changed, with Mayor O'Reilly's con-
currence.
Councilwoman Glick asked that page 5, paragraph 7, be changed
to read, "Councilman Mueller asked, should the interest be used -
rather than independent source of income - to add personnel?"
Minutes were approved as changed, with Councilman Mueller's
concurrence.
Councilwoman Glick asked that page 0, VOTE, Amendment 0,
as Amended, be changed to read, VOTE, Amendment #2, as
Amended.
Minutes were approved as changed.
D-2 Minutes, Regular Meeting, June 18, 1980
Minutes were approved as submitted.
E. CORRESPONDENCE
None
KENAI CITY COUNCIL
JULY 2, 1980
Page 4
F. OLD BUSINESS
F-1 Ray Cason Lease
Sandi Parnell, Finance Dept. , reported the lease rates were:
1970 - $1074
1975 - (missed)
1980 - $6041
Mrs. Parnell explained that was a 462% overall increase in ten years.
Mayor O'Reilly asked the Real Estate Committee to handle this problem.
F-2 Personnel Arbitration Board Recommendations
Clerk Whelan said the 12 proposed members have been selected
and have accepted the nominations. Atty. Delahay explained the
method of selection: the first five are selected by alphabetical
order.
Mayor O'Reilly said there has been a request by a former City em-
plyoee to have a hearing. Now it is up to the Council to decide
if they want the arbitration board to take action on the request.
MOTION:
Councilman Ambartann moved, seconded by Councilwoman Glick, to
approve the Arbitration Board.
Motion passed unanimously by roll call vote.
Mayor O'Reilly asked the Council to decide on whether to give the
former City employee a hearing. Councilwoman Glick said we al-
ready decided this once, why are we deciding on this again? Mayor
O'Reilly explained because he has asked several times. Councilman
Ambarian said at the time the employee was laid off, there was a
difference of opinion. The former employee has appeared before
Council several times. He has said he would wait till Council
decided on a board before he took further action. Mayor O'Reilly
said he thought the question is, can a board formed after the pro-
blem happened be used for that problem? Councilman Hall asked
Hthe Council had a right to deny the hearing. Atty. Delahay ex-
plained his opinion at the time was that the ordinance then in effect
.i stated that the decision of the City Manager was final, that there
KENAI CITY COUNCIL
JULY 2, 1980
Page 5 '
was no right to a board and since that time a board has been in-
stituted but this is a new board. When the new personnel ordinance
was passed in February, at the time that was drafted - at the request
of Council - I drafted a special provision allowing parties who had r
been terminated since (approximately) Sept. 1 of the previous year
to make an appeal to that board, and that amendment was rejected
by Council. Councilman Ambarian noted that decision of Council
was not unanimous. The information was the opinion of the City
Attorney.
F-3 Gerald Wasson Lease
Councilman Mueller reported the Cason and Wasson leases are still
being considered. They hope to be ready by the next meeting.
F-4 Youth Center Site
City Manager Brighton explained on these plats, in 1978 a resolution
withdrew Item C from consideration of the lease. Recreation Director
McGillivray explained "A" was the area they had requested. The Council
requested the Recreation Committee research "A" and 111111. "B"
�. is not platted. "C", Lots 1,2 and 13 have a higher appraisal value
than "A". "B" has no value. Councilman Ambarian noted, regarding
Block 2, it seems strange it is higher than Block 3. It doesn't
have water a sewer, there is no access. Mayor O'Reilly reviewed
the sites. Block 3: $70,000 value. Block 4, lots 3,4,8 a 7: $104,000
value. Block 2, lots 1,2 & 13: $93,000 value. Councilman Ambarian
reiterated the question on the value listed on Block 2. Councilman
Mueller replied Block 3 was appraised in 1979, Block 2 was appraised
in 1980. Under the circumstances he thought they are fairly close.
The appraiser must have assumed this was with access, he is appraising
with access built and utilities in. Mayor O'Reilly asked if the Rec-
reastion Committee would like concurrence from Council as to what
site will be selected. Mr. McGillivray replied yes. Councilwoman
(click noted the Planning a Zoning Committee approved "A" .
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to
remove the Youth Center Site motion from the table.
Motion passed unanimously by roll call vote.
MOTION:
� I
l
1
KENAI CITY COUNCIL
JULY 2, 1980
C^ Page 6
Councilman Ambarian moved, seconded by Councilwoman (click,
to amend the site to lots 1,2 and 13 of Block 2.
City Manager Brighton said in the resolution passed in 1978, Council
withdrew the lots for lease status. The Mayor says the lease is
commercial only, but it does not say that. The Council will have
to eliminate the resolution. Councilman Ambarian noted the Council's
intent was to reserve Block 2 for a municipal reserve. The City has
applications for lots 1 and 2, Block 2 for lease. Councilman Ambarian
then read the resolution.
Carmen Gintoll spoke. He explained the withdrawal was for the Civic
Center complex. If the Council puts the recreation center there, it
will shoot down the Civic Center.
Max Swearingen spoke. He explained they looked at the locations,
with the money and the building they had selected, they chose those
lots. Councilman Hall asked, on Block 3, lots 7,6,4 a 3, could they
use ground level on both entrances? Mr. Swearingen replied they
can have separate entrances for youth and adults. Councilman
C Ambarian asked Public Works Director Kornelis, is there much differ-
ence in elevation between the top level and the lower level. Mr.
Kornelis replied he didn't know, but he could check. Mr. McGillivray
replied there is not much, but there is some. There will be a partial
excavation.
Councilman Ambarian withdrew his amendment, with consent of
second.
VOTE, Block 3 Site:
Motion passed, with Councilman Ambarian voting no.
a. NEW BUSINESS
0-1 Bills to be Paid, Bills to be Ratified
MOTION:
Councilman Measles moved, seconded by Councilwoman Glick,
to pay the bills as submitted.
Motion passed unanimously by roll call vote.
G-2 Requisitions Exceeding $1,000
KENAI CITY COUNCIL
JULY 2, 1980
Page 7
City Manager Brighton noted the Dowling bill will be on item #G-13
also.
MOTION:
Councilman Measles moved, seconded by Councilwoman Glick, to
approve the bills as submitted, subject to approval of item #G-13.
Motion passed unanimously by roll call vote.
0-3 Ordinance 582-80 - Authorizing Issuance and Sale of $400,000 -
G.O. Bonds
Atty. Delahay said this was prepared by bond counsel in Anchorage.
The ordinance does allow an alternative - coupon bonds or bond bank.
MOTION:
Councilman Measles moved, seconded by Councilwoman Glick, to
Introduce the ordinance.
C.. Motion passed, with Councilman Ambarian voting no.
0-4 Ordinance 583-80 - Establishing Special Revenue Fund - Senior
Citizen Project - $147,680
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston, to
Introduce the ordinance.
Motion passed unanimously by roll call vote.
0-5 Ordinance 584-80 - Amending Title 12 - Regulating Burglar and
Hold -Up Alarm Systems
MOTION:
't
Councilwoman Glick moved, seconded by Councilman Measles,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
G-6 Ordinance 585-80 - Increasing rev./appns. by $75,000 in New
f Capital Project Entitled "Softball Fields Complex"
KENAI CITY COUNCIL
JULY 2, 1980
Cn Page 6
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to introduce the ordinance.
Motion passed unanimously by roll call vote.
i
0-7 Ordinance 586-80 - Increasing rev./appns. by $525,000 in a New
Capital Project Fund Entitled "Youth Center"
MOTION:
Councilman Malston moved, seconded by Councilman Measles,
to introduce the ordinance.
Councilman Ambarian asked, the ordinance refers to $525,000,
resolution 80-117 is $600,000. Should the figures be the same,
or is the $75,000 for the ball field? Councilman Measles replied
yes.
Motion passed unanimously by roll call vote.
G-8 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
MOTION:
Councilman Malston moved, seconded by Councilman Mueller,
to introduce the ordinance.
Councilman Ambarian said he spoke to Finance Director Brown,
he was caught by surprise by the grant application. Resolution
W114 is tied directly to the project. He thought it was a "pass -
through" project. He thought Mr. Brown was to make phone calls.
City Manager Brighton replied Mr. Brown did. The amendment
will be with Resolution 80-114. Councilman Ambarian asked, are
we going to be getting involved in the Youth Center business? City
Manager Brighton replied no. Councilman Ambarlan asked H the
Attorney had looked into this. Atty. Delahay replied he had dis-
cussed it briefly with Finance Director Brown, it is State policy.
Mr. Brighton reviewed Mr. Brown's notes on the subject. He
explained the grant can only go to the City.
' Carmen Gintoli spoke. He explained the application was a per-
N1 -_
KENAI CITY COUNCIL
C JULY 2, 1980
Page 9
sonal request from him to Representative Malone. It
is minimal involvement on the part of the City. Council-
man Ambarian said he had no question as to where the
money is being used. The question is to the City's
involvement.
Motion passed unanimously by roll call vote.
G-9 Ordinance 588-80 - Amending KMC 22.05 to Clarify
Section 70 on Property Exchanges and to Enact New
Section for Sale of City -owned Land to Owner of
Adjacent Property Where No Other Use Would be Feasible.
MOTIONS
j Councilman Mueller moved, seconded by Councilman
Measles, to introduce the ordinance, with the amend-
ment to Paragraph 3, line 2, to read, "small size
or such location that they could be put to no practical--"
Motion passed unanimously by roll call vote.
G-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 spoke. She explained $8,000 was for the van
purchase, $12,000 was for the kitchen helper. They need
the kitchen helper now. She asked for an emergency
ordinance.
MOTIONS
:. Councilwoman Glick moved, seconded by Councilmen Ambarian
and Malston, to introduce the ordinance and declare it
an emergency.
Atty. Delahay said he didn't believe this was proper.
It is getting around the provision, it is not a true
emergency. Mayor O'Reilly asked if there was any way
--- we could make it retroactive. Atty. Delahay replied it can
' be retroactive. The person hired will be taking a
--- --{ chance that he will be paid.
Councilwoman UGlick withdrew her
motion, wa ithconsent o,-
p of second.
! O nQ now�cL i, OJ *f!� �e� u rJ00e 2' . rq co 1Q 1,4- co lC +i' Q+
t MOTION: v11uV%0- YI-13t1s
F
Councilman Ambarian moved, seconded by Counclwoman
Glick, to introduce the ordinance. as
I
Motion passed unanimously by roll call vote.
t
i
F c
I
i
4
L- H - - ---- - ------ ---
ff KENAI CITY COUNCIL
t� Page 10 1980
a ,
'C
MOTIONS
Councilman Ambarian moved, seconded by Councilma
Measles, to adopt the ordinance.
There was no public comment.
Motion passed unanimously by roll call vote.
G-11 Ordinance 590-80 - Amending Title 23 of Kenai Cc
to Provide a New Position "Administrative Coordi
G-12 Ordinance 591-80 - Increasing rev./appns. by $5(
in a New Capital Project Fund "Harbor Study" fo:
Study and Design of Small Boat Harbor In Kenai F
Administrative Coordinator Davis asked that thee
items be tabled. Councilwoman Glick noted the F
Commission meeting will be before July 16, 1980,
could still introduce the ordinances. Mr. Davie
the next Harbor Commission meeting will be July
Councilman Ambarian noted we will still have to
public hearing.
MOTION s
Councilman Ambarian moved, seconded by Councilmm
Malston, to introduce ordinances 590-80 and 591-
Motion passed unanimously by roll call vote.
G-13 Resolution 80-112 - Transfer $2,500 - Parks & Re
reation, to Hire Engineer to Prepare Bid Documei
for Youth Center
MOTION:
Councilman Ambarian moved, seconded by Councilwc
Glick, to approve the resolution.
Public Comments
Carmen Gintoli spoke. He asked what kind of a 1
document are you going to receive for $2,500?
should be design -built or a turn -key proposal.
steps involved ares
1. It will be prepared
2. It will have to be advertised
3. It will have proposals from contractors
4. You will have to make a selection
5. The developer hires contractors to do i
6. The architect will still get paid
C
- ---1W- _ _ _ __ _ _ _ III
17
KENAI CITY COUNCIL
JULY 2, 1980
Page 11
7. The City will have to hire an architect or
an engineer to supervise the engineer
Mr. Gintoli continued, it costs more in the long run
because you will have to hire an architect. Council-
woman Glick asked if the Recreation Dept. is aware of
this procedure. Max Swearingen replied yes, but he
didn't agree with the time frame. They can use Borough
personnel. They only need a shell. This will be ready
by July 16, 1980. The Bear Creek fire service building
was done in 27 days. Mayor O'Reilly noted the Bear Cree
building was not the same type of building. Mr. Swearin
said some of the items will be built as kits. Mr. Gintc
said the Bear Creek service area building was a box for
It was not heated, etc. Mr. Swearingen replied that was
what they want now. Mayor O'Reilly asked if the bid doc
ments will be available for Council. Mr. Swearingen
replied yes. Mayor O'Reilly asked if they had specific
engineers in mind. Mr. Swearingen replied yes.
Motion passed unanimously by roll call vote.
G-14 through G-18 (without G-15)
Councilman Ambarian asked if G-15 (Resolution 80-114)
was withdrawn. Mayor O'Reilly replied yes.
MOTION:
Councilman Measles moved, seconded by Councilman
Ambarian, to approve the resolutions G-14, G-16, G-17,
G-18.
There was no public comment.
Motion passed unanimously by roll call vote.
G-15 Resolution 80-114 - Accepting Grant Offer of $150,000 j
from State to Provide Additional Funds for Construction
and Furnishing of Childrens' Homes i
City Manager Brighton noted the correction on page 2, 1
last paragraph, "The Kenai Peninsula Community Care 4
Center will be responsible to the City of Kenai for the--"
MOTIONS
Councilman Ambarian moved, seconded by Councilman Malston,
to approve the resolution, as amended.
Councilman Ambarian said the way he read it, we are ---
still responsible for the moeny. Mayor O'Reilly replied
he agreed. Juneau is changing the grant form. Council-
;
KENAI CITY COUNCIL
JULY 2, 1980
C� Page 12
woman Glick referred to Mr. Gintoli's statement that
we are trying to get it in two payments each. Council-
man Ambarian said the point is not the purpose of money, but
the grant conditions, to the City, not the Care Center.
City Manager Brighton said they will not relieve us
of responsibility of the $150000. Councilman Ambarian
said what could happen, #5 is an example. If the funding
source dries up, we will be responsible for the grant
conditions. Mayor O'Reilly agreed. He said when they
went to Juneau, it was never stated we would be responsible
for this, but here it is.
There was no public comment.
Motion passed with Councilman Ambarian voting no.
G-19 Resolution 80-118 - Transfer $50 (Animal Control) to Repair
the Telephone Answering Machine at Animal Shelter
MOTION:
Councilman Malston moved, seconded by Councilman Measles,
to approve the resolution.
City Manager Brighton noted, referring to Councilman
- Ambarian's question, this has already been voted on.
There was no public comment.
Motion passed unanimously by roll call vote.
G-20 Request for Purchase of Sand - Brown Construction Co.
(Sewage Treatment Plant)
Public Works Director Kornelis explained that Brown
Construction Co. wished to purchase sand from the City.
Councilman Hall asked Mr. Kornelis what he thought of the
$.50 per yard. Mr. Kornelis replied it was low. Mr.
Brighton asked what will he charge the City for it? Mr.
Kornelis replied it is a lump sum amount. it is already
in the price of the project. His pit is quite a way
away. Councilman Ambarian said he thinks we should
solve the policy question. Should we allow airport
material to be used on non -airport construction? He doesn't
think this is what the material should be used for.
Council took no action.
Mayor O'Reilly directed Public Works Director Kornelis
to tell Brown Construction Co. we will not be selling sand.
G-21 Peninsula Engineering - Fidalgo Subdivision Street Im-
provements - $18,091.80
I I
KENAI CITY COUNCIL
C JULY 2, 1980
Page 13
MOTION:
Councilman Malston moved, seconded by Councilman
Ambarian, to approve the billing.
Councilwoman Glick asked Public Works Director Kornelis
if we will have everyting by July 1, 1980s
1. Engineering Data
2. Water & sewer, drains, etc. all lined up?
Mr. Kornelis replied Fidalgo would require a lift station
to City Hall. The Court House has to pump sewage up
to the line. He made the decision to not go with the lift
station, based on the decision, when he went to Council
regarding Willow St., Council decided on a shallow line
with insulation. As for the July 1, 1980 deadline, they
are a little behind.
Motion passed unanimously by roll call vote.
G-22 CH2M Hill - Sewage Treatment Plant - $3,560
G-23 CH2M Hill - Sewage Projects Design - $24,140
C. MOTION:
Councilman Ambarian moved, seconded by Councilwoman
Glick, to approve the billings.
Motion passed unanimously by roll call vote.
G-24 OMNI North - City Hall Construction - $102,357
MOTION:
Councilman Ambarian moved, seconded by Councilman Measles,
to approve the billing.
Motion passed unanimously by roll call vote.
G-25 USKH - Topo Mapping - $10,113
MOTION:
Councilman Ambarian moved, seconded by Councilman
Measles, to approve the final payment.
Motion passed unanimously by roll call vote.
L G-26 Ordinance 592-80 - Airport Land System Special Revenue
Fund, Maintenance of Gravel Aircraft Parking Ramp - $6,148.98
MOTION:
67
KENAI CITY COUNCIL
JULY 2, 1980
Page 14
( Councilman Ambarian moved, seconded by Councilman
Measles, to introduce the ordinance.
Motion passed unanimously by roll call vote.
H. REPORTS
H-1 City Manager
City Manager Brighton reporteds
1. Wetlands, there has been one meeting, a second
one is planned the end of July.
2. He has had a discussion with the Chamber on the
beautification of the Spur Highway. He has con-
tacted business owners to keep cleaned up. The
City has extensive land in the area# that should
also be cleaned up. Recreation Director McGillivray
will help with the clean-up of the City lands.
3. LNG promotion with the Chamber. The City has
been promoting it. With Chamber help promoting
too, it should be a cooperative effort.
4. The public auction of the Bear's Lair, the City's
share was $1,000, total received was $1,494.
S. The Historical Society, Pat Porter will oversee
employees at the museum.
6. Section 36 lands, (Mr. Brighton referred to his
memo) noting specific recommendations.
7. Union pickets at Sewer Treatment Plant construction,
this will be discussed later on in the meeting.
8. A police employee of 5 years wishes to resign.
He owes the City approximately $3,680 for school-
ing. He has agreed to give the City s PERS
refund, then pay the balance monthly. Atty. Delahay
explained the officer is trying to leave with a
clean slate, he may want to come back.
MOTIONS
Councilman Measles moved, seconded by Councilman Mueller,
to accept the contract as offerred.
Motion passed unanimously by roll call vote.
9. He received a request from Eric Bncelewski,
of CINA, asking for a cooperative agreement
with the City for notification of employment
vacancies. Councilman Hall asked what procedure
do we use now? Mr. Brighton replied the depart-
ment head advertises and informs the Dept. of
Labor. Councilman Malston said this could be the
start of a cumbersome thing. All kinds of organ-
izations could ask for this service.
j
KENAI CITY COUNCIL
JULY 2, 1980
Page 15
MOTIONS
Councilman Ambarian moved, seconded by Councilwoman
Glick, to accept the proposal. (He explained we need
a positive motion to have a negative vote)
Motion failed unanimously by roll call vote.
Councilwoman Glick noted the agencies could still be
notified through Job Service. City Manager Brighton
asked if he should inform individuals. Council agreed
he should. Councilman Malston said we should not go out
of our way to inform them over anyone else.
10. Craig & Son Janitorial Contract, the representative
has not been in to sign his contract, he will not
be in till next week. Councilman Hall asked if he
knew he was awarded the bid. Mr. Brighton replied
he is sure he did. Councilman Ambarian asked what
is the procedure for withdrawing a contract. Atty.
Delahay replied we haven't got a contract yet. Their
offer has been accepted. He said he hasn't drawn
up the contract yet, it's still on his desk. If
they do not perform it's subject to cancellation.
We have no contract to cancel, but it could be
withdrawn on the grounds that they have not
come forward and signed the contract as of July 1.
Librarian DeForest said Servicemaster was asked
by Craig & Son to do the work until Craig shows
up. Atty. Delahay replied if Servicemaster or any-
one else performs the service, Craig has completed
the contract. Mr. Brighton said he told Mrs. De -
Forest to let Servicemaster do it. Mrs. DeForest
said she told Servicemaster the City would not
pay. Councilman Hall asked if Servicemaster said
they would do it. Mrs. DeForest replied yes.
MOTION:
Councilwoman Glick moved that if Craig & Son does not
contact the City by Monday (July 7, 1980) the contract is
null and void, and the contract be awarded to Servicemaster.
Motion was seconded by Councilmen Ambarian & Malston.
Councilman Mueller noted Servicemaster was the high bidder.
MOTION, Amendments
Councilman Mueller moved to award the bid to the next -
lowest bidder.
Amendment failed for lack of a second. `°�
KENAI CITY COUNCIL
JULY 2, 1980
Page 16
Rich Emery, Clary Insurance, said, regarding Service -
master doing Craig's work, without a contract there may
not be insurance. Airport Manager Swalley said the air-
port terminal contract last year went from October to
October. Unless Servicemaster oa ncelled, it is still in
effect.
Motion passed, with Councilman Mueller voting no.
11. Job descriptions, They should be in by September
from Alaska Municipal League. He suggested we
wait till that is received. Councilman Ambarian
noted it was Council's intent this was to be
done in thirty days. We have an obligation to
the employees. Councilwoman Glick said at the
work sesssion, it was to be as soon as possible.
When would the study be done? Mr. Brighton replied
Finance Director Brown called some people in Anch-
orage that might do the study, but has been unable
to find out. He noted all the salary changes are
retroactive. Councilman Ambarian said our main
concern was to be competitive. To wait for an
Alaska -wide study would not be effective. We are
( concerned with local comparisons. Councilman Malston
said our main concern was not wages, but job
descriptions. He also asked, when we get a reply,
how long will it take us to react? Mr. Brighton
replied, it should not take us long, and we can
compare to other Peninsula towns when the report
is received. Councilman Hall asked why can't we
have our own classifications. Councilman Ambarian
" said the study was the responsibility of this Council
and he would like to see it done before the Oct-
ober election. Councilwoman Glick noted somewhere
along the line, we will have to compare. Mr. Brighton
said if we don't have a basis of comparing, our
decisions are arbitrary. Councilman Mueller said
he agreed, it was this Council's decision to review,
but we need a gauge to put this against.
MOTIONS
Councilwoman Glick moved, seconded by Councilman Measles,
------ to accept City Manager Brighton's recommendation of the
Alaska Municipal League report due the second week in
September.
"
Motion passed, with Councilmen Ambarian, Malston and Hall
voting no.
Councilman Malston said, regarding Section 36, we want
to take action on that as soon as possible on the surface
water. Councilman Hall agreed, that Section 36 was at
6
KENAI CITY COUNCIL
JULY 2, 1980
Page 17
an impasse till we get an engineering study. '-
MOTION:
Councilman Hall moved, seconded by Councilman Ambarian,
E to:
1. Accept the committee report
2. Direct Administration to take proposals on
storm drainage plant and find funding sources
Motion passed unanimously by roll call vote.
Councilman Hall said the funding should come from the
$750,000. Mayor O'Reilly directed the City Manager to
handle item #8 on the memo regarding Section 36.
Councilwoman Glick asked Mr. Brighton about the Child Care
Center application. Mr. Brighton replied no applications
have been received, but there is one week to go.
Mayor O'Reilly asked Mr. Brighton about the pottery facility
in town. Mr. Brighton replied he spoke to a young man work-
ing there. He said he was working for a Mr. Peterson. Mr.
Brighton told him to get a license by July 3, 1980 or we
will close him down. r
H-2 City Attorney
Atty. Delahay spoke.
1. The Oiler's insurance has been received and is
satisfactory.
2. Regarding the legality of Council members on the Bor-
ough Planning & Zoning Commission, there is no provision
against this. All the Planning Commission requirements
state is that a member must be a resident.
3. He has received a letter from Alaska Municipal League
regarding revisions of Title 29. They want recommendations
for committee appointments. He would like to serve, but
he feels he does not have the time. Mayor O'Reilly asked
how long will this take? Atty. Delahay replied it
should probably be completed before the next legis-
lative session. Mayor O'Reilly submitted the following
names:
Councilman Ambarian
Ruby Coyle
George Navarre
Council agreed to the names submitted. Mayor O'Reilly
will write a recommendation letter to Alaska Municipal
League.
KENAI CITY COUNCIL
JULY 2, 1980
( Page 18
Councilman Malston asked Mr. Brighton if item #8 on the
Section 36 memo included disposition of airport lands.
Council agreed to have Mr. Brighton include this.
H-3 Mayor
Mayor O'Reilly spoke.
1. It was important to have someone go to Juneau in
person with the grant funding application. Council-
man Mueller has agreed to go down. He will also work
with the Dept. of Public Safety regarding the moving
of the Revenue offices. Councilwoman Glick wanted him
to ask them where they got the hours for the Kenai office.
Also, regarding the seven miles distance, it is further
than that in the Kenai/Soldotna area. Councilman Mueller
said he was in there a few weeks ago, the line had 12
people in it, that did not count those in the office.
Councilwoman Glick said this was an every -day occurrence.
They do not have sufficient hours open, they need an-
other person in the office. Councilman Ambarian said
he would like to find the number of applications in
Kenai versus Soldotna.
C 2. Mayor O'Reilly noted the Certificate of Conformance
awarded to Finance Director Brown from the Municipal
Finance Officers Association, and commended him.
3. The Mayor attended a luncheon with Dow Chemical, the
Japanese firm of Saki -Dow is interested in the area.
H-4 City Clerk
Clerk Whelan reported all past -due taxes had been paid
to the Borough by The Rig Bar, and asked that the objection
to transfer of the liquor license be rescinded.
MOTION:
Councilwoman Glick moved, seconded by Councilman Malston,
to send a letter of non -objection be sent to the Alcoholic
Beverage Control Board regarding The Rig Bar.
Motion passed by unanimous consent of the Council.
Mayor O'Reilly discussed the census. At the suggestion
of Max Swearingen, he would like to have a campaign by
the City, to have the Clerk advertise in the paper and on
the radio to notify her if they have not been counted.
j He would like to have this limited to residents of the
City only, that those outside the City should notify the
Borough offices.
Council agreed.
TA
KENAI CITY COUNCIL
JULY 2, 1980
Page 19
H-S Finance Director
None
H-6 Planning & Zoning
None
H-7 Kenai Borough Assembly
Councilman Ambarian spoke.
1. Ordinance 80-33, Municipal Powers on harbors will be
on the ballot.
2. School construction will be on the ballot.
Mayor O'Reilly asked regarding non -area wide powers - is
there any agreement that the City must accept or reject
with the Borough regarding taking over or not taking over
Port & Harbor powers within the City? Councilman Ambarian
replied if the vote is approved, the Borough will ask each
City if they wish to participate. Atty. Delahay noted that
is by Borough ordinance.
( Councilman Malston asked, Kenai High is not on the list
in the next bond election? Councilman Ambarian replied
that is correct.
MOTION:
Councilman Malston moved, seconded by Councilwoman Glick,
to direct the administration to write a strong letter to
the School Board objecting to the non -inclusion of Kenai
High in the budget.
Motion passed unanimously by roll call vote.
G-8 Harbor Commission
None
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
Public Works Director Kornelis spoke.
1. He has hired a City Engineer from Seattle, he will
be here in two weeks. He would like to have moving
expenses up to $2,000.
i Council agreed.
2. Mr. Kornelis reviewed the excavation of the Sewer
Treatment Plant, as reported in his memo. Mayor O'Reilly
asked didn't they do test borings? Mr. Kornelis replied
.. .
l
TA
KENAI CITY COUNCIL
JULY 2, 1980
Page 20
yes, it is not a large surface area, but it is very
deep. It is only in one area. Mayor O'Reilly asked
who will pay for the over -runs? Mr. Kornelis replied
the City will pay some.
3. Regarding the union problems, he will refer the problem
to Mr. Don Brown, of Brown Construction.
4. Regarding the dumpster - he referred to his report.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick,
to rent the dumpster for six months a year.
Council agreed by unanimous consent.
S. Regarding the Spur Frontage Road right of way. He
referred to his memo. Mayor O'Reilly asked if there
was some landscaping. Mr. Kornelis replied very little,
it is mostly paving. He wanted everyone to know the
Administration will be negotiating with the owners on
transfer of land and purchase of land. Councilman
Ambarian asked if he was developing a snow removal
(^ plan. Mr. Kornelis replied yes, we are not making
any changes in the use of the land. Councilman Am-
barian asked how about Willow? Mr. Kornelis replied
yes.
6. Regarding the bids on Fidalgo, Bidarka, Barnacle,
Caviar & Attla, they will be the end of the month.
The sewer interceptor line will be bid the end of
the month, and the airport electrical is out to bid.
Don Brown spoke regarding the union problems. He explained
they are non -union, but some of their contractors are union.
They will need two gates, one for union members, one for
the non -union workers. Councilman Ambarian said he has seen
the sketch, we could put two gates side -by -side. Parking
on a residential street will create a problem. Mr. Brown
replied there are only four men. Also the cars are going
over the end of the road. City Manager Brighton noted the
Council has already ordered a barricade for the end of the
road. Councilman Ambarian asked how are the materials
delivered, union or non -union? Mr. Brown replied non -union.
Councilman Ambarian asked will the union pipe -fitters accept
non -union deliveries? Mr. Brown replied their attorney had
said yes.
Council agreed to the second gate with the understanding
C that they do not support union or non -union. This is a
walk-in gate only.
Councilwoman Glick reported on her trip to Washington D.C.
KENAI CITY COUNCIL
JULY 2, 1980
C Page 21
to testify on the Wetlands. She thought the presentation
went very well. She spoke one hour, ten minutes, after the
Arco presentation. She answered additional questions. She
discussed:
1. Chester Cone's problem
2. Miles Dean's problem
She also sat in on the Secondary Disposal Program testimony,
and went to the Senate Chambers.
MOTION:
Councilwoman Glick moved to adjourn to executive session
to discuss the City Manager performance with attendance
of the City Attorney.
There was no second, but Council agreed by unanimous consent.
Council adjourned to executive session.
After executive session, Councilwoman Glick reported
r the City Manager's job performance was discussed.
ADJOURNMENT
Meeting adjourned 12:20 AN.
Respectfully submitted,
917,ulv- gaz'd'd�-
et Whelan# City Clerk
,--.' -,-- .�..'
June 30, 1980
Charles A. Brown
Finance Director
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
ref: Lot 1 Block 1 Gusty Subdivision
Mr. Brown;
In reference to your letter recieved concerning Lot 1
Alock 1 Gusty Subdivision, I find the entire matter ridic-
ulous and irresponsible.
As far as negotiations are concerned, apparently this
was done in an UnAmerican way. Since the concerned parties
were not advised of the negotiations. The appraisal is
completely out of reason in as much as the Borough has al-
ready appraised it at fair market value and that amount is
$21,750.00. This is a current assessment. We have other
commercial property -within a block of this lot, whose
Borough assessments are comparable and consistent with the
assessed Borough value of both parcels.
In addition, this property was advertised for Bonus
Aid for 5 weeks in local newspapers and the City of Kenai
set the price of this lot before the Bonus Bid sale at .040
per square foot. However in order to get this lot I sub-
mitted my bonus bid and then paid the .040 per square foot per
year as the bid invitation called for.
It seems to me that the government from the Federal
level down to the local level are trying thier best to make
it immpossible for businessmen both large and small to make
any kind of living or existence. I especially resent it at
the local level since I do not feel the City should own any
of the property and should be owned by the citizens. It is
grossly unfair that the City should be in competition with
private enterprise.
In my opinion this land policy in the City of Kenai has
worked to the best advantage of the City of Soldotna, for
without this policy there would protably be no City of Sol-
dotna. I think it is a shame that this city has strangled
and turned away many business opportunities because of thier
land policies and red tape.
I do not feel that I can sign the amendment as it stands
at this time.
Sincerely,
Mr. Edward Ferruson
z•,
,July ] S, 1980
City of Kenai
Box 580
Kenai, Alaska
Re: Lease on Lot 8,Block ].,Ftolin Sub,Second Addition
gentlemen:
Due to the present .financing costs and general economic
condition of. the Kenai area, J would line to cancel my lease
on Lot 8, Block 1, Etolin Subdivision, Second Addition.
My two year time period to start construction has lapsed clue
to the fact that I could not get financing; for my building
project. Also, Willow street is being rebuilt and the sewer
line needs to be rut in before paving and I don't feel I
should pay for this if I cannot utilize the lot.
I feel that it would be in the best interest of the City of
Kenai for me to release this lot at this time so the City
can nut the proper utilities in during road construction to
get the highest and best use for the future lessor.
Very truly yours,
W. C. Church
Box 134S
Kenai, Alaska 99611
-
-
f
V �l
•
a" Wcemsv
{pW.Awn Ms11
"foss
A(3RFRMENT TO RESCIND 1 AS -
THIS AGREEMENT, entered into this 17th day of July, 1980, by
and between the CITY OF KENAI, a home -rule municipal corporation
oP Alaska, hereinafter called "City," and WALTER C. CHURCH,
hereinafter called "Lessee."
WHEREAS, the City and Lessee entered into a Lease on June 7,
1978, of the following described property in the Kenai Recording
District, State of Alaska, to wit:
Lot 8, Block 1, Second Addition to the Etolin Subdivision
WHEREAS, the aforesaid Lease was for a term of 55 years
and was recorded in Book 228 at Page 903 in the Kenai Recording
District, and
WHEREAS, Lessee has requested by letter dated July 14, 1980,
that this Lease be discontinued because financing, interest
rates, and a slow economy has not warranted beginning
construction within the two years agreed to in the Lease, and
WHEREAS, Willow street is now being repaved and eswer and
water lines should be put under willow Street to the
above -described lot before the ourrent repaving project is
completed, but Lessee does not at this time have financing
available for such installation, and
WHEREAS, the City Council of the City of Kenai at its
regular meeting on July 16, 1980, by motion properly made,
seconded, and adopted, agreed to rescind said Lease.
NOW, THEREFORE, THE PARTIES DO HEREBY AGREEt
That said Lease between the City of Kenai and Walter C.
Church dated July 5, 1978, and recorded in Book 128, Pages 903
through 911, shall be, and hereby is, rescinded as of June 30,
1980.
IN WITNESS WHEREOF, the parties hereto have hereunto set
their hands on the day and year stated in the individual
acknowledgements below.
CITY OF KENAI
Sy:
City Manager
ATTEST:
Janet Whelan, City Clerk
LESSEE
zzze .� ,,, _
i
i
I
I
STATE. OF ALASKA )
)8a i
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of
WILLIAN J. BRIGHTON, being personally known to me or having
produced satisfactory evidence of identification, appeared before
me and acknowledged the voluntary and authorized execution of the
foregoing instrument for the municipal corporation named and in
the capacity indicated in the execution thereof.
Notary Public for Alaska
My Commission Expiress
STATE OF ALASKA )
THIRD JUDICIAL DISTRICT )90
TRIOg IS TO C?RTIppY t t on this %TW day of ,
1980, W411r z L ('Nurc. , being personal k own to me
or having produced satisfactory evidence of identification,
the
eared beforeoing me and acknowledged the voluntary execution of
t.
Notad-si Public for Alask
My Commission Expires:T g �z
CT A"OANA.
CM 0/ UNAI
P.I."SW
""M ALAS"„61. AGREEMENT TO RESCIND LEASE — 2
»t."So
6W
THE FOLLOWING ITEMS ARE OVER 01,000.00 WHICH NEED COUNCIL
APPROVAL OR RATIFICATION 7/16/80
VENDOR
AMOUNT
DESCRIPTION
PROJECT/DEPARTMENT ACCOUNT CHARGE
AMOUNT
P.O.
FOR APPROVAL
A.L. Welding
5,931.00
Weldor
FRS-Stroota
Machinery 6 Equipment
5,931.00
11860
Clary Insurance Agency
32,540.51
Workmen's Comp. Deposit
Various
Workmen's Compensation
4,285.00
Umbrella liability
Non -Departmental
Insurance
12,161.25
Airport Lugal Liability
Non -Departmental
Insurance
6.831.00
Ambulance Liability
Non -Departmental
Insurance
2,509.88
False Arrest Insurance
Non -Departmental
Insurance
6,753.38
Craig Taylor Equipment
3,465.00
Oiler Truck Pump
PRS-Streets
Machinery 6 Equipment
3,465.00
11842
Gary Davie
1,200.00
Contracted Services
PW-Administration
Professional Services
1,200.00
12309
June.26 -- July,16
Doyle's Fuel Service
1,399.71
Stove Oil
Shop
Operating Supplies
1,399.71
Homer Electric
6,176.90
June Electricity
Various
Utilities
6,176.90
EUSCO
1,104.57
June Natural Gas
Various
Utilities
1,104.57
Stone-Herach
1,298.40
Park Benches
PRS-Parke
Machinery 6 Equipment
1,298.40
12125
FOR RATIFICATION
Alaska Municipal Employees 10,382.00 June W/H General Fund
Federal Credit Union
National Bank of Alaska 27,627.00 June Federal W/H General Fund
National Bank of Alaska 550,000.00 Cert. of Deposit=7/8/80 TCD
National Bank of Alaska 130,000.00 REPO 7/3/80 Central Treasury
.4I4, 1 yqo _%U&"
.
Liability
10,382.00
Liability
27,627.00
Central Treasury
550,000.00
Central Treasury
1501000.00
REQUISITIONS OVER 61,000.00 WHICH NEED COUNCIL APPROVAL 7/16/80
VENDOR
DESCRIPTION
DEPARTMENT
ACCOUNT
I�MOUNT
IBM
Copier Rental/Maint. Agreement/Toner
Various -City Hall
Printing 6 Binding
10,792.92
Wohlforth 6 Flint
Additional Work on City Bands
Legislative
Professional Services
1.000.00
Glad Realty
Public Storage Unit Rental
Non -Departmental
Rentals
1,241.00
Xerox
Copier Rental
Police/Fire/Jail
Printing 6 Binding
2,580.00
Rogers Alaska Painting
Paint Apparatus Room
Fire
Repair 6 Maintenance
1,490.00
Tom Sleight
Moving Expenses
PW-Administration
Transportation
2,000.00
Xerox
Copier Rental
Library
Printing 6 Binding
2,350.00
Paul Timmerman 6 Associates
Library Furniture
Library
Machinery 6 Equipment
3,490.00
Alaska Cleaners
Laundry-July'80--June'81
Various -Public Works
Miscellaneous
4,160.00
Honeywell, Inc.
Maintenance Agreement on Temperature
Terminal/Police/Fire/Jail
Repair 6 Maintenance
6,636.00
Control System -Terminal 6 Public
Safety Building
IBM
MagCard-A Typewriter Rental
City Clark/City Attorney
Rentals
3.063.00
iV
/f
sm
CITY OF KENAI
„ad eat 4 4"--
I. O. 10X 110 KENAI, ALASKA 99611
M1110110NE 213 • 7533
TO: HONORABLE MAYOR & CITY COUNCIL
FROM: BEN T. DELAHAY, CITY ATTORNEY
RES EMERGENCY ORDINANCE TO ALLOW
ENTRY TO BEACH AREA OTHER THAN
AT SPRUCE STREET
. .y
DATES JULY 9, 1980 : {
The contractor on.the Sewage Treatment Plant has requested
the City Manager permit him to enter the work area with 4-
wheel drive vehicles from Forest Drive on the claim that
they will be taking pipe in the other road.and with the new
location of a portion of the works';#hat it will be too
congested. He therefore requests putting a drive-in gate
through the fence `at the"ind,of Forest' Drive., 'i He also
states that at the direction,of the project engineer he has
already been up on the hill,•tying,in water and gas lines,
and he ."considers it to be apart of his,yor4. area."
I advised the City Manager that he iad no :authority to
permit such entry iSi-the face of -the ordinance, and that
in order to do so the ordinance would have to be changed.
I do not know that this entr yayj'"ibsolutely necessary
t may be an outgrowth of Mr. Brown's union - non -union
employee dispute. Neither do I know what gave rise to the
necessity for the project engineer to direct him to go
up that hill to tie in the lines in question.
Mr. Brown stated that there probably would not be much going
in except his welding rig, but Mr. Kornelis tells me that
welding rigs have lengthy extension lines so that the
rig can be parked and the lines run all over. Furthermore,
it appears to me that the work area would be more congested
above than below.
Before making any decisions in this matter, I would suggest
..� that as many members of Council as may find 5 minutes of
free time drive down to the end of Forest Drive and take a
look at the hillside and the workings as they now exist.
BTD/md
CITY OF KENAI
ORDINANCE NO. 593-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING KMC 13.30.080 AND KMC 13.30.090 TO ALLOW OPERATION
OF VEHICLES IN A DESIGNATED PORTION OF THE PROHIBITED AREA
AND ENTRY TO SUCH AREA AT A POINT OR POINTS OTHER THAN
SPRUCE STREET FOR THE PURPOSE OF PERFORMING WORK ON THE
SEWAGE TREATMENT PLANT OR ON UTILITY FACILITIES AND DECLARING
AN EMERGENCY.
WHEREAS, the City of Kenai has enacted KMC 13.30.080 to
prohibit motorized vehicles from operating in the beach
areas northerly from the mouth of the Kenai River in order
to prevent damage to the beach and the environment from such
operation, and
WHEREAS, the City of Kenai has enacted KMC 13.30.090 to
restrict entry to the beach area described in KMC 13.30.080(a) i
to the natural end of Spruce Street, and
WHEREAS, it is desirable that the City Manager be authorized
to issue permits to allow operation of motor vehicles in
that area and with another point or other points of entry so
that work on the Sewage Treatment Plant and on utility
facilities may be performed more efficiently and more ex-
peditiously, and
WHEREAS, an emergency has arisen in the construction on the
Sewage Treatment Plant that makes it necessary for this
ordinance to be passed, and to become effective immediately
on passage, in order to preserve the public health and
safety.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section 1: That KMC 13.30.080 is hereby amended by
adding a new subsection to be numbered KMC 13.30.080(c) to
read as follows:
"(c) Operation of motorized vehicles in that portion
of the prohibited area described in KMC 13.30.080(a) above
and entry to such area at a point or points other than at
the natural end of Spruce Street may be permitted for the
purpose of working on the Sewage Treatment Plant and on
utility facilities provided that a permit is secured prior
to such operation. Applications for such permits shall be
Ordinance No. 593-80
Page 2
filed with the City Manager or his designated appointee
setting forth details as to the work to be performed and the
dates of such performance,the areas in which such operations
are required and the point or points of entry required to ;
expedite the work. The City Manager may issue such permit,
if he finds it reasonable under the circumstances, for a
specified period of time which may be extended on application
showing good cause for such extension. .At- , the
City Manager-ow0i4dition such permit or permits on repair t
or reconditioning of the beach area or bluff and may require
a bond in such amount and with such terms, with or without
cash deposit or other surety, as he may deem advisable to
secure such repair or reconditioning or to reimburse the
City for damages to the areas concerned."
Section 2: That KMC 13.30.090 is hereby amended as
follows:
"13.30.090 Sign Bearing Legends' [AS DESCRIBED IN
SECTION 13.30.000, TJ The only entrance by motorized vehicle
to the beach area described in KMC 13.30.080(a) shall be at
the natural end of Spruce Street at the Beach Road except
as Provided in KMC 13.30.080 c . At that point a s gn (S)J
or signs shall Be erected reading as follows: "ENTRANCE TO
BEACH AREA ALL VEHICLES MUST PROCEED DIRECTLY NORTH BEYOND
THE LINE OF FOREST DRIVE."
Other signs shall be placed along the Beach Road readings
"NO VEHICLES BEYOND THIS POINT."
Section 3s The Council of the City of Kenai hereby
finds and that an emergency exists affecting the
public health and safety which requires that this ordinance
be read a second time, passed, and made effective immediately.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of July, 1980, to be effective immediately on passage.
VINCENT O REILLY, MAYOR
ATTESTS
i
Janet Whelan, City Clerk i
i
First Readings July 16, 1980
Second Readings July--16, 1980
Effective Dates Jeff-tt-, 1980 `�
T
VA -. _ ... -
CITY OF KENAI
ORDINANCE NO. 594-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
APPROPRIATING MONIES IN THE 1980-81 GENERAL FUND BUDGET IN
THE AMOUNT OF $16000 FOR THE PURCHASE OF A MICRO -FILM
SYSTEM FOR USE BY VARIOUS CITY DEPARTMENTS.
WHEREAS, $16#000 was appropriated in 1979-80 to purchase a
micro -film system for the City, and
WHEREAS, there was insufficient time before the end of the
1979-80 fiscal year to award a bid for the purchase of such
equipment, and consequently, the appropriation lapsed at
June 30, 1980, and
WHEREAS, it is proper to now re -appropriate these monies,
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 mades
General Fund
Increase Estimated Revenuess
Appropriation of Fund Balance $16,000
Increase Appropriations:
Non -Departmental - Machinery
and Equipment $14,500
Non -Departmental -Operating Supplies 1 500
000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 6th
day of August, 1980.
VINCENT 0 REILLY, MAYOR
ATTEST:
First Readings July 16, 1980
Janet Whelan, C ty Clerk Second Readings August 6, 1980
Effective Dates August 6, 1980
Approved By Finance:("_ &
CITY OF KENAI
ORDINANCE NO. 595-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
CAPITAL PROJECT FUND ENTITLED "FRONTAGE ROAD" BY $712,000.
WHEREAS, the State of Alaska has offered the City of Kenai
a grant in the amount of $2,100,000 for road improvements,
and
WHEREAS, it is the City Council's desire to construct road
improvements on the Spur Highway Frontage Road, and
WHEREAS, the estimated cost of this project is $730,000, of
which $18#000 has been previously appropriated by Ordinance
No. 540-79, 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 Capital Project Fund entitled "Frontage Road" be increased
as follows:
Increase Estimated Revenues:
State Grants $712,000
Increase Appropriations:
Administration $ 2,000
Inspection 50,000
Construction 600,000
Contingency 60,000
• 712 000
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 16, 1980
Second Readings August 6, 1980
Effective Dates August 6, 1980
Approved by Finances
i
•�1
CITY OF KENAI
ORDINANCE NO. 596-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
CAPITAL PROJECT FUND ENTITLED "BIDARKA, BARNACLE WAY, CAVIAR,
REDOUBT AND FIDALGO STREETS" BY $1,040,000.
WHEREAS, the State of Alaska has offered the City of Kenai
a grant in the amount of $2,100,000 for road improvements,
and
WHEREAS, it is the City Council's desire to construct road
improvements, including water and sewer, on Bidarka, Barnacle
Way, Caviar, Redoubt and Fidalgo Streets, and
WHEREAS, the estimated cost of this project is $1,091,000,
of which 051,000 has been previously appropriated by
Ordinance No. 557-80.
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 Capital Project fund entitled "Bidarka, Barnacle
Way, Caviar, Redoubt and Fidalgo Streets" be increased
as follows:
Increase Estimated Revenues:
State Grants $1,040,000
Increase Appropriationss
Inspection $ 50,000
Construction 900,000
Contingency 901,000
-Tf,040,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
6th day of August, 1980.
VINCENT O REILLY, MAYOR
ATTESTS
Janet Whelan, City Clerk First Reading: July 16, 1980
Second Readings August 6, 1980
Effective Date: August 6, 1980
Approved by Finances
l
j CITY OF KENAI
ORDINANCE NO. 597-80
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
1980-81 GENERAL FUND BUDGET BY $2,000 TO REFLECT A DONATION
FROM KENAI COMMUNITY LIBRARY, INC.
WHEREAS, Kenai Community Library, Inc. has donated $2,000 to
the City of Kenai for purchase of furniture for the Kenai
Community Library, 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:
General Fund
Increase Estimated Revenues:
Library Donations $2,000
Increase Appropriations:
Library - Machinery & Equipment $2,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th
day of July, 1980.
VINCENT 0 REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Readings July 16, 1980
Second Reading: July 16, 1980
Effective Dates July 16, 1900
j Approved by Financesf5
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CITY 01: KENAI
Resolution No. 80-119
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A
CONTRACT FOR THE CONSTRUCTION OF KENAI MUNICIPAL AIRPORT 1980 IMPROVE-
MENTS, TAXIWAY LIGHTING, AND STANDBY GENERATION FACILITY, ADAP
6-02-0142-06 TO
WHEREAS, the following bids were received for the above mentioned
project:
Contractor Total Bid
WHEREAS, the recommendation from Wince, Corthell, Bryson, and
Freas, the project design engineers, is to award the contract to
of $ and for a total project construction cost
WHEREAStotal bid of $ is the lowest
responsible bid and award to this bidder would be to the best interest
of the City, and
WHEREAS, FAA approval will be given prior to signing of the contract
documents, and
WHEREAS. Notice to Proceed will not be given until FAA has awarded a
grant to the City of Kenai and sufficient funds are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the contract for the construction of KENAI MUNICIPAL
AIRPORT 1980 IMPROVEMENTS, TAXIWAY LIGHTING AND STANDBY GENERATION
FACILITY, ADAP 6-02-0142-06 be awarded to
in the amount of $ for the total project construction costs.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of
July, 1980.
O RE L ,MAYOR
ATTEST:
anet Whelan, City Clerk
0
CITY of KENAI
Resolution No. 80-119
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING
A CONTRACT FOR THE CONSTRUCTION OF KENAI MUNICIPAL AIRPORT 1980
IMPROVEMENTS, TAXIWAY LIGHTING, AND STANDBY GENERATION FACILITY,
ADAP 6-02-0142096 TO COASTAL, INC.
WHEREAS, the following bids were received for the above mentioned
project:
Contractor Total Bid
Newberry Alaska, Inc. $687,959.64
Coastal, Inc. 631,495.00
City Electric, Inc. 761,333.00
Sunrise Electric, Inc. 669,73S.00
Engineer's Estimate 529,9SO.00
WHEREAS, the recommendation from Wince, Corthell, Bryson, and
Freas, the project design engineers, is to award the contract
to Coastal, Inc. for a total project construction cost of
$631,49S.00, and
WHEREAS, Coastal, Inc. total bid of $631,495.00 is the lowest
responsible bid and award to this bidder would be to the best
interest of the City, and
WHEREAS, FAA approval will be given prior to signing of the
contract documents, and
WHEREAS, Notice to Proceed will not be given until FAA has awarded
a grant to the City of Kenai and sufficient funds are appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that the contract for the construction of KENAI MUNICIPAL
AIRPORT 1980 IMPROVEMENTS, TAXIWAY LIGHTING AND STANDBY GENERATION
FACILITY, ADAP 6-02-0142-06 be awarded to Coastal, Inc. in the
amount of $631,49S.00 for the total project construction costs.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day
of July 1980.
ATTEST:
anet Whelan, ty er
t- , .�,.�
WINCE CONSULTING ENGINEERS
CORTH E LL July 16, 198o
BRYSON
&FREAS
William Brighton
City Manager
City of Kenai, Alaska
Subject: Engineers Recommendation
1980 Airport Electrical raprovements
Dear Mr. Brighton:
On July 15, 1980 bids were opened at City Hall for the subject project.
Following is a tabulation of those bids:
Firm Amount
1. Coastal, Inc. 6311,495.00
2. Sunrise Eleetrie, Inc. PT61,333-00
,735.00
I Newberry Alaska, Inc. ,959.64
4. City Electric, Inc.
The Engineers Estimate for the project was $529,950.00
It is the Engineers Recommendation that the project be awarded to the low
bidder, Coastal, Inc., for the amount of their bid, contigent upon the
following:
1. Approval and receipt of the Grant for the
project from F.A.A.
2. Certification by the contractor that he is
licensed by the State for General Construction.
3. Certification by the contractor that he is a
licensed Electrical Contractor.
4. Certification by the contractor that he is
factory approved for installation of equipment
so specified in the contract documents.
If we can assist you in preparation of Contract Documents, please contact our
office at your earliest convenience.
Very truly yours,
WINCE-CORTNUZ-BRYSON & FREES
V1_111po—ftWiaryson, F.
BOX 1041 KIRNA1,ALA9KA 698111- PHONE 99073 203-4072
CITY OF
RESOLUTION r
BE IT RESOLVED BY THE COUNT
THAT THE FOLLOWING TRANSFEI
GENERAL FUND BUDGETS
From$
Contingency
TO:
Legislative - Profei
This transfer provides mon.
appropriated in FY 1979-80
relating to the sale of Ci,
PASSED BY THE COUNCIL OF T
day of July, 1980.
V
ATTESTS
Janet Whelang City Clerk
Approved by FinAnces
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CITY OF KENAI
RESOLUTION NO. 60-121
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 BUDGETS
Froms
Contingency ($300)
To s
Parks -Rentals $300
This transfer replenished the Parks - Rentals account for
the rental of a dumpster for six months on the beach.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
16th day of July, 1980.
VINCENT 0 REILLY, MAYOR
ATTESTS
Janet Whelan, City Clerk
Approved by Finances
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CITY OF KENAI
RESOLUTION NO. 80-122
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING
A CONTRACT FOR MAINTENANCE OF CITY RADIOS AND OTHER COMMUNICATIONS
EQUIPMENT FOR FISCAL YEAR 1980-81 TO SOUTHCENTRAL COMMUNICATIONS.
WHEREAS, on July 9, 1980s the following bids were received for
maintenance of City radios and other communications equipment
for fiscal year 1980-81s
General Water 6 Total
Communications Sewer
Southcentral Communications $10,563.00 $3,069.00 $13,632.00
Motorola 12,492.00 3,060.00 15,552.00
WHEREAS, Southcentral Communications' total bid of $13,632.00 was
the lowest responsible bid, and
WHEREAS, sufficient monies have been appropriated in the 1980-81
annual budget to award the contract to Southoentral Communications.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that Southcentral Communications be awarded a contract for
maintenance of City radios and other communications equipment for
fiscal year 1980-81 in the amount of $13,632.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day
of July, 1980.
ATTEST:
Janet Whelan, City C erk
Approved by Finances Uaz
NCENT O REIIX , MAYOR
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CITY OF KENAI
RESOLUTION NO. 80-123
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING
A CONTRACT FOR RESIDENT ENGINEERING SERVICES INCLUDING INSPECTION,
SURVEYING, TESTING, AND CONTRACT ADMINISTRATION TO WINCE, CORTHELL,
BRYSON AND FREAS ON THE PROJECT ENTITLED KENAI MUNICIPAL AIRPORT 1980
IMPROVEMENTS ADAP 6-02-0142-06 TAXIWAY LIGHTING AND STANDBY GENERATION
FACILITY, WITH A NOT TO EXCEED FIGURE OF $30,000.00
WHEREAS, the City of Kenai has had the above mentioned project
designed by Wince, Corthell, Bryson and Freas, and
WHEREAS, the City of Kenai feels that it would be to the best
interest of the City to also hire Wince, Corthell, Bryson and Freas
for Resident Engineering Services, and
WHEREAS, Wince, Corthell, Bryson and Freas has offered to provide
these services for a sum of not to exceed $30,000.00, and
WHEREAS, FAA approval will be given prior to signing the contract
agreement, and
WHEREAS, the signing of the agreement will not take place until FAA
has awarded a grant to the City of Kenai and sufficient funds are
appropriated.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA that a contract be awarded to Wince, Corthell, Bryson and
Freas for the project entitled Kenai Municipal Airport 1980
Improvements ADAP 6-02-0142-06 Taxiway Lighting and Standby Generation
Facility for Resident Engineering Services, which includes inspection,
surveying, testing and contract administration for a not -to -exceed
figure of $30,000.00.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 16th day of
July 1980.
ATTEST:
Janet Whelan, City Clerx
Approved by Pinance z t y d
WINCE CONSULTING ENGINEERS
CORTHELL a July 1980
BRY �OAN
F R 80-15
City of Kenai i
P.O. Box 580
Kenai, Alaska 99611
Attention: Mr. Jim Swalley
Airport Manager
Subject: Kenai Municipal Airport
1980 Improvements
ADAP 6-02-0142-06
Gear Mr. Swalley:
In response to your verbal request we are pleased to offer this proposal for
resident Engineering Services with regard to the subject project including
inspection, surveying, testing and contract administration. We propose to
charge for our services by the hour in accordance with the following fee
schedule:
Electrical Engineering Rate Per Hour
Principal Engineer 55.00
Project Engineer 45.00
i Draftsman 27.50
Civil_ Engineering
Engineer 1 49.00
Engineer 11 42.00
Engineer 111 36.00
f Draftsman 21.00
Typist 21.00
Surveying
4-Man Party 137.50
=— -- 3-Man Party 104.50
2-Man Party 71.50
Crew Chief Alone
Electronic Distance Measuring instruments 9.00
BOX 1041 KENAI9ALA9KA 99811 PHONE 99073 283-4972
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Printing and reimbursable expenses would be charged in accordance with Section
"D% paragraphs 3 and 4, of our present contract dated 28 March 1980.
As 1 indicated to your previously, the amount of time expended for this portion;
of the project depends on several factors including; contractor performance,
weather, the level of effort the City wishes us to put into the project, etc.
We have prepared the following manpower estimate based on our experience for
projects of this complexity assuming no assistance by City personnel:
Inspection ;
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Civil Engineer 1 300 MH 0 49.00 14700.00
Principal Electrical Engineer 36 MH 4 55.00 1980.00
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Contract Administration S 16,680.00
Civil Engineer 1 40 MH @ 49.00 1960.00
Principal Electrical Engineer 40 MH @ 55.00 2200.00
Typist 8 MH @ 21.00 168.00
$4,328.00
Prellminary Final Inspection
Civil Engineer 1 16 MH @ 49.00 784.00
_ Principal Electrical Engineer 8 MH @ 55.00 440.00
$1,224.00
Final I nsoect i on
Civil Engineer 1 8 MH @ 49.00 392.00
Travel 5392.00
Time 500.00
Expenses 300.00
! $800.00
Surveying 2500.00 '
i $2,500.00
Laboratory Testing 1000.00
S k000.00
As -guilts
Civil Engineer 1 12 MH @ 49.00 588.00
Draftsman 40 MH @ 21.00 840.00
S1428.00
S28,352.00
say $25-3g000.00
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Mr. Jim Swal ley
Page 3
We are prepared to discuss this proposal with you at your earlie
The bid opening for this project is rapidly aperoaching and it I
that arrangements be made for inspection services at the earlies
time.
Thank you for your consideration.
Very truly yours,
WINCE-CORTHELL-BRYSON 6 FREAS
hilip 4 Bryson, P.H.
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CITY OF KENAI
f RESOLUTION NO. 80-124
A RESOLUTION OF THE COUNCIL OF THE CITY OF KEANI ACCEPTING BIDS
FOR EQUIPMENT RENTAL TO IMPROVE VARIOUS CITY PARKS.
WHEREAS, the City of Kenai solicited bids and only one was received,
and
WHEREAS, bid for equipment rental was received from Ward Land-
scaping Service, and
WHEREAS, this bid is attached to this resolution and incorporated
therein by reference, and
WHEREAS, these rental rates appear reasonable.
NOW, THEREFORE, be it resolved by the Council of the City of Kenai
that the proposed equipment rental rates as submitted by Ward Land-
scaping Service to perform work at City of Kenai projects at places
and for times as directed by the Parks and Recreation Director be
hereby accepted subject to the understanding that the going union
wage rates will be paid to equipment operators other than the owner/
operator.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this 16th day of duly, 1980.
Attest:
Janet Whelan, City er
W
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Ward Landscaping Service
P.O. Box 880801dotnn, Ah, 09869
Phone 282.5135
July 2, 1980
Equipment Rental Rates
John Deere 353 dozer $42.50 per hour
John Deere 850 22hp tractor $40•00
John Deere 40C 20 hp tractor $35.00
w/ 6011 mower $35.00
w/ vacumn attach dor clippings $37.50
Ford 2000 35 hp tractor $40.00
Case dozer w/ 48" blade for trails $55.00
4811 tractor & 1 yard dump trailer for trails $65.00
New Holland L778 skid loader w/ 3/4 yd bucket $4-1.00
Case 2-� yd loader $55.00
International 7 yd dump truck $45.00
International 10-12 yd dump truck $50.00
Lindig L25 soil shreeder w/ loader $65.00
4" irrigation system w/ 70 sprinkler heady
w/ out pump set up time $25.00
operation time $20.9C
w/ pump set up time $25.00
operation time $25.00 .
Motor grader $70.00
Above prices include skfLLed operator. All equipment is subject
tp availability as equipment maybbe commited to other jobs. Travel
time for equipment and labor is based on hourly rate while enroute
to and from Job.
The following equipment is used in conjunction with the above
equipment. Rate is represented in the towing unit unless noted.
John Deere backhoe attach. Boom sprayer
Brillion seeder 4811 rototiller
Gill cultivator
61' Ryan turf aerator
221 land level Rokor 32t1 tree transplanter + $20.00 hr
141 land level Melroe rock picker + $10.00
Spin spreader
Drop spreader
Labor rate: includes hand tools as required
a design, q $25.OU per hour
Landwca
p gn, drafting, consultdion $35.00 }
Prices effective until June 30, 1981 RECEIVED
j uL 31980 i
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CITY OF KENAI
ALASKA
RESOLUTION NO. 80- 125
A RESOLUTION AUTHORIZING THE ISSUANCE AND
EXECUTION OF A LOAN AGREEMENT WITH THE
ALASKA MUNICIPAL BOND BANK AND THE ISSU-
ANCE OF A FULLY REGISTERED BOND TO THE
ALASKA MUNICIPAL BOND BANK.
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI,
ALASKA, AS FOLLOWS:
Section 1. Pursuant to Section 21 of Ordinance No. 582-80,
the City hereby determines to sell and issue its City of Kenai General
Obligation Bonds, 1980 (herein referred to as the "Bonds") to the
Alaska Municipal Bond Bank (the "Bank") on the terms and conditions
fixed in the Loan Agreement hereinafter mentioned in Section 2.
'
Section 2. The Mayor is hereby authorized to execute and
cause to be delivered on behalf of the City the Loan Agreement with
the Bank in the form attached to this Resolution and the Mayor, City
Manager, Finance Director and City Clerk are hereby authorized to do
any and all things necessary to carry out the obligations of the City
pursuant to Ordinance No. 582-80 and the Loan Agreement.
Section 3. Pursuant to Section 21 of Ordinance No. 582-80,
one fully registered bond in substantially the form prescribed in Ordi-
nance No. 582-80 shall be issued to the Bank.
Section 4. Pursuant to Section 5 of Ordinance No. 582-80,
the fully registered bond shall bear interest from its date. The bond
shall bear interest at the rates per annum specified pursuant to the
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CITY OF KENAI Page 2
RESOLUTION NO. 80-125
Loan Agreement and shall be sold at a price equal to par plus accrued
Interest to the date of delivery thereof.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
this 16th day of July, 1980.
ATTEST:
ANET WHELAN, City Clerk
INCENT O REILLY, Mayor
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LOAN AGREEMENT
AGREEMENT, dated the day of � , 1960,
between the Alaska Municipal Bond Bank, a body corporate and politic
constituted as an instrumentality of the State of Alaska exercising
public and essential governmental functions (hereinafter referred to as
the "Bank"), created pursuant to the provisions of Chapter 58, Title
44, Alaska Statutes, as amended, (hereinafter referred to as the
"Act"), having its principal place of business at Anchorage, Alaska,
and the City of Kenai, Alaska, a duly constituted political subdivislon
of the State (hereinafter referred to as the "Municipality"):
WITN ESSETH:
WHEREAS, pursuant to the Act, the Bank is authorized to
make loans of money (hereinafter referred to as the "Loan" or "Loans")
to governmental units; and
WHEREAS, the Municipality is a Governmental Unit as defined
In the General Bond Resolution of the Bank hereinafter mentioned and
pursuant to the Act is authorized to accept a Loan from the Bank to be
evidenced by Its municipal bonds purchased by the Bank; and
WHEREAS, the Municipality Is desirous of borrowing money
from the Bank In the amount of $400,000, and has submitted an
appli-cation to the Bank for a Loan In such amount and the Municipality has
duly authorized the issuance of fully registered bonds, In the aggregate
principal amount of $400,000, payable In Installments, (the "Municipal
Bonds") which bonds are to be purchased by the Bank as evidence of
the Loan in accordance with this Agreement; and
WHEREAS, the application of the Municipality contains the
- t = Information required by the Bank; and
Y WHEREAS, to provide for the Issuance of bonds of the Bank
In order to obtain from time to time monies with which to make such
.a' Loans, the Bank has adopted the General Bond Resolution on May 27,
Si 1978, as supplemented on October 28, 1977 and May 11, 1978 (herein
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referred to as the "Bond Resolution") and will adopt a resolution autho-
rizing the making of such Loan to the Municipality and the purchase of
the Municipal Bonds,
NOW, THEREFORE, the parties agree:
1. The Bank hereby makes the Loan and the Municipality
accepts the Loan In the amount of $400,000. As evidence of the Loan
made to the Municipality and such money borrowed from the Bank by
the Municipality, the Municipality hereby sells to the Bank the Municipal
Bonds in the amount of $400,000. The Municipal Bonds shall bear
Interest from their date at such rate or rates per annum as will result
In an interest cost rate to the Municipality of eight per centum (8.00%)
as calculated by the "IBA" or "Interest Cost Per Annum" method or at
such rate or rates per annum as will result in a lesser interest cost
rate to the Municipality (or, If stated thereon, the rates per annum
stated on Exhibit A appended hereto). The Interest cost rate for
purposes of this Loan Agreement will be computed without regard to
Sections 3 and 4 hereof which require that the Municipality make funds
available to the Trustee acting under the Bond Resolution for the
payment of principal and Interest at least seven business days prior to
each respective principal and interest payment date. Subject to any
applicable legal limitations, the rate or rates of Interest borne by the
Municipal Bonds shall be the same rate or rates of Interest borne by
the bonds sold by the Bank (for corresponding maturities) in order to
obtain the monies with which to make the Loan and to purchase' the
Municipal Bonds.
^?^� - °+^�» .- ..,.;.•"-.Fn•rnra 2. The Municipality has duly adopted or will adopt all neces-
sary ordinances and resolutions and has . taken or will take all pro-
ceedings required by law to enable it to enter Into this Loan Agreement
and issue its binding obligations to the Bank.
S. The amount to be paid by the Municipality pursuant to
this Loan Agreement representing interest due on its Municipal Bonds
(hereinafter referred to as the "Municipal Bonds Interest Payments")
shall be not less than the Interest the Bank is required to pay on the
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bonds Issued by the Bank to obtain the funds from which this Loan is
made and shall be scheduled by the Bank in such manner and at such
times (notwithstanding the dates of payment as stated in the Municipal
Bonds) as to provide funds sufficient to pay interest as the same
becomes due on the proportionate amount of bonds issued by the Bank
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for the purpose of obtaining funds to make the loan to the Municipality
(hereinafter referred to as the "Municipality's Loan Obligation") and the
Municipality shall make such funds available to the Trustee acting under
the Bond Resolution at least seven business days prior to each Interest
payment date.
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4. The amount to be paid by the Municipality pursuant to
this Loan Agreement representing principal due on its Municipal Bonds
(hereinafter referred to as the "Municipal Bonds Principal Payments")
shall be scheduled by the Bank In such manner and at such times
(notwithstanding the dates of payment as stated In the Municipal Bonds)
as to provide funds sufficient to pay the principal of the Municipality's
Loan Obligation as the same matures (based upon the maturity schedule
provided by and for the Municipality and appended hereto as Exhibit A)
and the Municipality shall make such funds available to the Trustee
acting under the Bond Resolution at least seven business days prior to
each principal payment date. In the event the amounts referred to in
paragraphs (3) and (4) to be paid by the Municipality pursuant to this
Loan Agreement are not made available at any time specified therein,
the Municipality agrees that any money payable to It by any department
or agency of the State be withhold from It and paid over directly to the
Trustee acting under the Bond Resolution and this Agreement shall be
full warrant, authority and direction to make such payment upon notice
to such department or agency by the Bank as provided in the Act.
5. The Municipality is obligated to pay Fees and Charges to
the Bank. Such Fees and Charges actually collected from the Munici-
polity shall be In an amount sufficient, together with the Municipality's
Allocable Proportion of other monies available therefor under the pro-
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visions of the Bond Resolution, and other monies available therefor,
including any specific grants made by the United States of America or
any agency or Instrumentality thereof or by the State or any agency or
Instrumentality thereof and amounts applied therefor from amounts
transferred to the Operating Fund pursuant to paragraph (3) of Section
603 of the Bond Resolution:
(a) to pay, as the same become due, the Municipality's
Allocable Proportion of the Administrative Expenses (as defined In the
Bond Resolution) of the Bank; and
(b) to pay, as the same become due, the Municipality's
Allocable Proportion of the fees and expenses of the Trustee and paying
agents for the bonds of the Bank.
Municipality's Allocable Proportion as used herein shall mean the pro-
portionate amount of the total requirement in respect to which the term
Is used determined by the ratio that the total of the Municipality's Loan
Obligation outstanding bears to the total of that portion of the bonds
Issued by the Bank to obtain funds with which to make loans which are
outstanding as certified by the Bank.
6. The Municipality Is obligated to make the Municipal Bonds
Principal Payments scheduled by the Bank on an annual basis and is
S
obligated to make the Municipal Bonds Interest Payments scheduled by
the Bank and to pay the Fees and Charges imposed by the Bank on a
semi-annual basis.
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7. The Bank shall not sell and the Municipality shall not
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redeem prior to maturity any of the Municipal Bonds with respect to
which the Loan is made in an amount greater than the bonds sold by
• the Bank to obtain the funds from which the Loan Is made which are ,
then outstanding and which are then redeemable, and in the event of }!
any such sale or redemption, the same shall be in an amount not less 1
than the aggregate of (1) the principal amount of the Municipality's
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Loan Obligation (or portion thereof) so to be redeemed, (i1) the interest
to accrue on the Municipality's Loan Obligation (or portion thereof) so
to be redeemed to the next redemption date thereof not previously paid,
(ii1) the applicable premium, if any, payable on the Municipality's Loan
Obligation (or portion thereof) so to be redeemed, and (iv) the costs
and expenses of the Bank In effecting the redemption of the Munici-
pality's Loan Obligation (or portion thereof) so to be redeemed; pro-
vided, however, that, In the event the bonds of the Bank issued to
provide the funds with which the Bank made the Loan under this Loan
Agreement with respect to which the sale or redemption prior to maturi-
ty of such Municipal Bonds is being made (herein called the "Bank Loan
Obligations") have been refunded and the refunding bonds of the Bank
issued for the purpose of refunding such Bank Loan Obligations were
Issued in a principal amount in excess of or less than the Municipality's
Loan Obligation remaining unpaid at the date of issuance of such re-
funding bonds, the amount which the Municipality shall be obligated to
pay or the Bank shall receive under item (1) above shall be the prin-
cipal amount of such refunding bonds outstanding.
In the event the Bank Loan Obligations have been refunded
and the Interest the Bank is required to pay on the refunding bonds is
less than the interest the Bank was required to pay on the Bank Loan
Obligations, the amount which the Municipality shall be obligated to pay
or the Bank shall receive under item (11) above shall be the amount of
Interest to accrue on such refunding bonds outstanding.
The Municipality shall give the Bank at least fifty (50) days
notice of Intention to redeem Its Municipal Bonds.
In the event the Bank Loan Obligations have been refunded,
the amount which the Municipality shall be obligated to pay or the Bank
shall receive under item (111) above, when the refunding Bank Loan
Obligations are to be redeemed, shall be the applicable premium, If any,
on the said Bank Loan Obligations to be redeemed.
S. Simultaneously with the delivery of the Municipality's
Bond or Bonds to the Bank, the Municipality shall furnish to the Bank
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evidence satisfactory to the Bank which shall set forth among other
things, that said Bond or Bonds will constitute valid general obligations
of the Municipality,
9. The Municipality shall be obligated to inform in writing ;
the Bank and the corporate trust office of the Trustee for the Bank's
bonds at least thirty (30) days prior to each Interest payment date on
the Municipal Bonds of the name of the official to whom invoices for the
payment of Interest and principal should be addressed.
10. Notwithstanding Paragraph 14 hereof, prior to payment of
the amount of the Loan, or any portion thereof, and the delivery of the
Municipality's Bond or Bonds to the Bank or Its designee, the Bank
shall have the right to cancel all or any part of its obligations here-
under if:
(a) Any representation, warranty or other statement made
by the Municipality to the Bank in connection with Its application to the
Bank for a Loan shall be Incorrect or incomplete in any material respect. {{'•
(b) The Municipality has violated commitments made by it In
Its application and supporting documents or has violated any of the
terms of this Loan Agreement.
(c) The financial position of the Municipality has, in the
opinion of the Bank, suffered a materially adverse change between the
date of this Loan Agreement and the scheduled time of delivery of the
Municipal Bonds to the Bank.
11. The obligation of the Bank under this Loan Agreement is
contingent upon delivery of Its 1980 Series A Bonds and receipt of the
proceeds thereof.
12. If any provision of this Loan Agreement shall for any
reason be held to be Invalid or unenforceable, the invalidity or un-
enforceability of such provision shall not affect any of the remaining
provisions of this Loan Agreement and this Loan Agreement shall be
• construed and enforced as if such invalid or unenforceable provision
had not been contained herein.
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t
13. This Loan Agreement may be executed in one or more
counterparts, any of which shall be regarded for all purposes as an
original and all of which constitute but one and the same instrument.
i
Each party agrees that It will execute any and all documents or other
1
Instruments, and take such other actions as are necessary to give i
effect to the terms of this Loan Agreement. I
14. No waiver by either party of any term or condition of the
Loan Agreement shall be deemed or construed as a waiver of any other {
terms or conditions, nor shall a waiver of any breach be deemed to
1
constitute a waiver of any subsequent breach, whether of the same or
of a different section, subsection, paragraph, clause, phrase, or other
provision of this Loan Agreement.
15. This Loan Agreement merges and supersedes all prior
negotiations, representations, and agreements between the parties
hereto relating to the subject matter hereof and constitutes the entire
agreement between the parties hereto In respect thereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement the day and year first above written.
ALASKA MUNICIPAL BOND BANK
(SEAL)
By
Chairman
i
ATTEST: �
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CITY OF KENAI, ALASKA
(S E A L) i
By
Title
ATTEST:
-7.
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EXHIBIT "A" TO LOAN AGREEMENT BETWEEN THE
CITY OF KENA1, ALASKA,
MUNICIPAL BOND BANK
AND THE
ALASKA
Munlelpality's
Bonds Due
Interest
Municipality's
_Aug_ist 1
Amount Rate
Benda Due
Aunust11_
Interest
Amount Rate
1982
1983
; 10,000
10,000
1992
; 20,000
1984
198
10,000
1993
20,0001994 25,000
1988
1987
15,000 ,000
199S
1996
25,000
30,000
1988
1988
15,000
1997
logs
30,000
35,000 '
19,000
15,000
1999
35,000
1991
20,000
2000
40,000
.8.
REQUEST FOR CONSENT TO SUBLEASE
In accordance with Paragraph 4 of the original leases
to Del ASsop, dated May 5, 1967, and Calvin Martin and
Marion J. Martin dated March 1, 1968, Katmai Motel, Inc.
hereby requests consent of the City of Kenai to sublease a
portion of Lot 1 and Lot l(a), Part 3, Alyeeka Subdivision,
!
Kenai Recording District, Third Judicial District, State of
Alaska, consisting of the bar and restaurant thereon to ,
Athanaeios Dimitrios Maheras in accordance with the terms of
the BAR AND RESTAURANT LEASE, a copy of which is attached
hereto.
This sublease commenced on June 1, 1980, but is contingent
upon transfer of liquor license from Katmai Motel, Inc. to
Athanasios Dimitrios Maheras.
DATED this _ day of July, 1980.
KATMAAII MOTEL, INC.
BrIan L. POCK, FrOGIdent
f) N, •Tf011Ntt
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R[Nt1.ttAftt�M11
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CrWAMAIM
COY or KEMAI
A t%"a ,N
WIMLAUSAA00,611
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CITY OF KENAI
CONSENT TO SUBLEASE
The Sublease from Katmai Motel, Ina., to Athanasios
Dimitrios Maheras dated , covering the
following -described property:
A portion of Lot One (1) and Lot One A (IA),
Part Three, Alyeska Subdivision, Kenai Recording
District, Third Judicial District, State of
Alaska, consisting of the Bar and Restaurant
therein,
Is hereby ACKNOWLEDGED AND APPROVED, subject to the
same terms and conditions as contained in the original Lease
above described.
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 Sublessee from the condition
requiring City approval for any subsequent sublease or
assignment.
DATED this _ day of July, 1900.
. J. Br g ton
City Manager
STATE OF ALASKA )
THIRD JDDICIAL DISTRICT )86
On this day of July, 1980, before me personally
appeared Wily J. Brighton, known to be the person who
executed the above instrument, and acknowledged that he had
the authority to sign, for the purposes stated therein.
Notary Public in and for Alaska
My Commission expires:
/r
BAR AHD RESTAURANT LEASE
THIS LEASE Ai3REEMPNT, made this day of
_, 19AO. '2y and between KATMAI. INC.,
hereinafter referred to as "Landlord"; and ATHAtiASIOs
DIMITRIOS N.APERAS, hereinafter referred to as "Tenant".
In consideration of oats performed and to be
` performed, mutual promises made and exchanged, monies paid
Iand to be paid, and other good and valUAble consideration,
I
receipt of which is hereby acknowledged, the parties agree as
follows
1. Leasad Premises. Landlord hereby lots and
leases to Tenant, and Tenant leases and takes from Landlord,
those certain premises situate in the Kenai Recording
District, Third Judicial District, State of Rlnalca, more
particularly described as follows:
(a) A portion of the following -described real
property:
Lot One (1) and Lot One A OA).
PART THREE, ALYESLA SUBDIVISION,
Kenai Recording District, Third
Judicial District, State of Alaska.
As outlined and hatched in red Ink on the attached drawing.
(b) All furniture, fixtures and equiprient as
contained on inventory attached hereto and made a part hereof
by reference as Exhibit "A".
(c) Liquor Disponsary License No. 79-0625.
(d) All transferable licenses and permits
,
i connected with the dem.sad premises.
Included with the lease property shall be all
fixtures, attachments, nppurtenarced. efre.i:nts, rights
of ingress and egress, utilities services. air and light
rights for the building. and such other rights and uses
now associated with or useful to the building.
Page One, Lr.Ase
Wwffm
JUN l o 196u
OWUMLw
This Lease does not tnelur'.e 01 of thy+ land
described in the Lease with the City, but only that portion
necessary for the full and complete size of the demised ,
promises. Included in this Lease is all of the existing paved
parking area, and other parking areas reasonably required by
the Tenant for use of the property, including customer and
employee parking and delivery service access and parking.
2. Term of Loose. The term of this Lease shall
be one (1) year, commencing on tiro ist day of June, 19800
and continuing until the 31st day of May, 1981, except that
there shall be an option to extend in accord with 929.
3. Pent. As rent for the leased premises. Tenant
agrees to pay Landlord the sum of Five Thousand Dollars
(S5,000.00) per month. In addition to monthly rent, Tenant
shall pay applicable sales taxes; provided, however, that
these rental amounts are subject to increase or decrease
In accord with 414 hereunder. The rent for each month shell
be paid to Landlord in advance at the address specified
at the end of this Lease, or at such other place as Landlord
may direct from time to time in writing, an or before the
first day of each month of the lease term. Time is of the
essence with regard to the payment of rents and any other
performance by Tenant. Any failure by Tenant to make a timely
rental payment within ten (10) days after receipt of written
notice of such default shall constitute a material default
under this Lease, and the Landlord shall have all of the
rights and remedies specified in Default Provision 1125 below.
4. Adjustment in "n- thly P.2-st. In the event i
of an increase in the (a) real property taxes on existing I
Improvements (but not on the land). (b) costs of insurance 4
paid by Landlord, (c) lease payments paid by Landlord to the
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City of Kenai, or (d) utility charges, as co;arared with the
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rate applicable as of the 1st day of April, 1980, Landlord
Page Two, LEASE
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may notify Tenant of such change. Ir.rraediately upon receipt
of notice of such increase, Tenant agrees to modify the
monthly rental payments to reflect the increase byr (1)
A
increasing the amount of the next monthly rental payraont,
and all subsequent rental payrnnts, by an amount sufficient
to cover forty -ono percent (41%) of such increase relative to
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the average rato applicable as of the 1st day of April, 1900
t
(prorated on a monthly basis); and (2) paying Landlord a
lump sum sufficient to adjust the rental payments already
made before receipt of the notice of any retroactive changes
so that those prior rental payments reflect the retroactive
Increases for that calendar year. Vpon request of the Tenant,
Landlord agrees to provide for the Tonent all billings for
increased costs over the base rate. Should there be a dispute
• ..e,-•< rr••a
as to the rent adjustment, the parties shall arbitrate such
'
dispute as further set out in 1928.
The adjustment for insurance to be wade to the
rents shall include any add-ition or decrease in costs for
insurance equivalent to the coverage and amounts now being
provided, but shall not include any premium increases for
additional insurance which Landlord may choose to obtain.
`
Tenant may. as an alternative, elect to provide equivalent
coverage under its own policies, provided that (1) the
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premium shall be payable by Landlord and shall not be greater
then the cost under a policy which Landlord can purchase,
(11) the proceeds payable upon a loss shall be payable to
f.
Landlord, (III) the policy shall contain a provision that
Landlord shall receive written notice at least fifteen (15)
days prior to any cancellation or modification of the policy,
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and (iv) the Policy shall be written by a responsible company
f1
Licensed to do business in Alaska.
S. Deposit. The Tenant shall exposit with
Page 1hrae. LCASB
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Landlord. upon the execution of this Lease, a security
deposit in the amount of Five Thousand Dollars (S5.000.00),
to be held by Landlord for the term of this Lease or any
renewal thereof. Such amount may be used by the Landlord to
make any payments recuired to be made by Tenant, to Landlord
ior
to third parties, by the terms of this Lease. In the event
Landlord shall make any payments from such deposit beca-•se of
Tenant's default, such action by Landlord shall not be deemed
to have cured such default, nor shall it constitute a waiver
of Landlord's other rights undvr this Lease.
6. License Transfer. (a) The Tenant shall. at the
i
time of the effective date of this Lease, purchase from the
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Landlord the bar stock, liquor inventory, food inventory and
condiments, at the Landlord's cast. All bar stock, liquor
Inventory, food inventory and condiments shall he paid for on
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the effective date of this Lease.
(b) The Tenant shall at its own expense make
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application to the Alcoholic Reverage Control Roard for
transfer of the Alcoholic Beverage License from Landlord to
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Tenant, and Tenant shall do or cause to be done all things
I
necessary, convenient or required to accomplish said
transfer. The Landlord shall comply with any and all
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requirements of the city, state or borough and their agencies
for the transfer of the Alcoholic Beverage License, including
.
but not limited to, providing all necessary information.
-
;
execution of necessary documents, payment of taxes or
......
'vY.tl:;fiiasvl�-•.c!•1w f.;.� 4f/CM:K�RC:dJ
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assessments on both real or Personal property and sales tax.
'.
The name of Landlord shall remain on the License. provided
how?ver, that except to the extent provided herein, Landlord
----
shall have no rights of ownership or control of the business I
4
conducted by Tenant.
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(a) As re",Ired by the 41coholic Beverage. Control
Pane Four, LRASS
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Board, the Landlord and Tenant shall enter into a Manager's
Agreement for the operation of the Business known as the
"Katmai Lounge". for the period beginning June 1. 1990, end
ending at such time as Alcoholic Beverage License No. 79-0625
is transferred into the name of Landord and Tenant. Until the
License is transferred, any provisions herein which conflict
with the terms of the Manager's Agreement, or any rule or
regulation of the Alcoholic Beverage Control Soard, shall be
Inoperative.
(d) The name of the bar portion of the premises
herein conveyed shall not be changed by Tenant without
appropriate authority from the Alcoholic Eeverage Control
Board.
7. Utilities, Services. The Landlord shall
provide only the following services and utilities: heat,
electricity, water, fuel, refuse removal, snow removal from
parking area and sidewalks, and all other services. Except as
specified above, Landlord shall be responsible only for
making the leased premises available in their present
condition with no additional services.
S. Additions, Alterations or Improvements to
Premises. Tenant shall not make any alterations, additions
or improvements in or to the Leased Premises without first
obtaining the express written consent of Landlord. Any such
alterations, additions or improvements approved by Landlord
shall be made at Tenant's expense; and landlord may require,
as a condition of approval. that Tenant agrees to return
the leased promises to their original condition before
oxpiration of the term of this Lease. In addition, Landlord
may require, as a condition for such approval. that Tenant
deposit with Landlord sufficient security to protect landlord
from any and all liens for materials or labor supplied to
Page Five, LEASE
s
the leased premises and reruire Tenant to furnish proof
Prior to the commencement of any work on the premi.es that
the persons employed in connection with the work have
workmen's cOmPensation insurance and liability insurance
sufficient, in Landlord's sole and absolute discretion, to
Protect Landlord from any liablity in connection with the
making of such alterations, additions or improvenents. Notice
is hcreby given that Landlord will not he responsible for
Payment for any labor or r..atorials furnished to the premises
at Tenant's request; and no mechanic's or a-aterialssan's liens
for such labor or materials shall attach to Landlord's
interest in the leased premises.
9. 1•fain�na`nce of PrBes. Landlord shall,
at its expense, maintain and keep in good repair the
foundations, exterior walls, glass (under its glass breakage
coverage specified in n1S.C), roof, other structural portions
of the leased premises, all mechanical portions of the
building (heating, plumbing, electrical, etc.), and shall
make all other "major repairs". "Major repairs" shall be
defined as any repair, the cost of whicil' ie in excess of
.e+250.00. Tenant shall, at its expense, maintain the interior
Of the leased premises at all times in good condition and
repair, shall make all minor repairs and shall eossirmit no
waste of any kind in, on or about the leased premises, nor
create or Buffer a nuisance. At the expiration of the term of
this Lease. Tenant shall surrender the leased premises to ,
Landlord in good condition, normal wear and tear and damage
by fire or other casualty excepted, and shell pay for any and
all damage caused by it to the leased prenises. and it%
apparatus or appurtenances, the building in which the leased
preen*.ses are situate, and any personal property of Landlord.
If abnormal wear and tear or ahuse or waste of the leased
Page Six, LEASE
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premises is found during the tarn of this Lease, Tenant
shall, upon demand by Landlord, iiinediately eliminate such '
abnormal wear and tear or abuse or wrste and restore the '•
leased promises to their condition at the beginning of this
Lease. normal wear and tear excepted.
10. Matntenance of Ecuia:;,ent. Tenant shall keep
all furniture. fixtures and equ1nment descri..ed in Exhibit
"A" attached hereto in ..food order and repair, and shall •
return the same to the Landlord lipon the termination of this
Lease in the sane or as good condition, ordinary wear and
tear excepted. In the event any of the furniture, fixtures
and equipment ,hall be destroyed and r-?plaeae by Tenant, the
replacement of furniture, fixtures and equipment shall become
the property of the Landlord on the termination of this
Lease. The Tenant shall not permit any act, actions or
conduct upon its part to jeopardize the Alcoholic Beverage
Dispensary License No. 79-0625 from being put in jeopardy by
being suspended or revoked. In the event any action is taken
by the State of Alaska or any of Its rrsgulatory agencies
A,ainst the License. such action shall constitute a breach of
this Lease b7 Tenant, and the Landlord may taPo whatever
action is necessary or convenient to have the License
transferred back In its name.
11. Use of the Premises. Use of the leased
premises by Tenant is limited to a bar and restaurant, and
the promises shall not be used for any other purpose without
w...f�Y:.1 :. a�:i - , r. r ••v'wf lip -
the express prior written consent of Landlord. Tenant agrees
to comply with all municipal, borough, state, federal and
other governti*ntal laws. statutes, ordinances, rules and
i
regulations, including, but not Itmited to. zoning ordinances
and health, safety and environner.tal regulations. but this j
provision shall not be construed to require Tenant to mnke �
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Page Seven, LEAS£
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any repairs or improvements to the building to meet fire code
or other building code or zoning requirements. Any violation
Of such laves, statutes, ordinances, rules or regulations
shall constitute grounds for terminating this Lease.
12. Parking. Tenant shall have the non-exclusive
use of all of the parking area presently situated on the
described premises. The space shall not be used for storage
of materials. nor shall any vehicle be par;.ed there for
storage.
13. Vehicular Zdress and Egress. Tenant shall
have the right to une all means of eo:vnon inqress and egress
to the leased premises.
14. Liens and Encumbrances. Tenant shall keep
the property free and clear of all liens and encumbrances.
includinq mechanic's and materialman's liens, mortgages
and deeds of trust, arising or growing out of its use,
improvements. additions, alterations or occupancy of the
property. Landlord may, at any reasonable time, post upon the
property such notices of nonresponsibility for labor or
materials supplied to the property as it may deem fit. In the
event that Tenant permits or suffers any liens, including
mechanic's liens, materialman's liens. and final judgment
liens, in an aggregate amount of $1,000 to accumulate upon
the property, Tenant agrees to notify Landlord of all such
liens, and Landlord may require the posting of an acceptable
bond, or other security acceptable to the courts of the State
of Alaska, in an amount up to twice the aggregate amount
of such liens. A failure to provide such security shall
constitute groands for terminating this Lease.
1S. Indemnifiration and Insurance.
A. Indemnification. Tenant agrees to indemnify
and save Landlord harmless from and against any and all
Pege Eight, LEASE
claims arising froze any act, omission, or negligence of
tenant, its contractors, licensees, agents, servants,
customers, visitors or employees, arising frorn any accident,
injury or damage to any person or property occurring in,
on or about the property and against all costs, expenses
and liability incurred in connection with any such claim
or proceeding brought thrreon, and shall defend against such,
other than for clans or losses directly or indirectly ciused
by or contributed to by the negligence of Landlord, its
agents, employees, contractors, licensees, servants or
similar persons.
B. Liability Insuraneo. Tenant shall maintain
at its sole cost and expense policies of general public
conrehensive liablity insurance written by a responsible
Insurance company licensed to do business within the State
of Alaska, sufficiently insuring Landlord and Tenant, against
liability for personal injury. death or property damage
occurring on, in or about the property and the adjoining
highways. roads or passageways. Such insurance shall afford
protection in limits of not less than (1) 5300.000 with
respect to injury or death of a single person, (2) S500,000
in respect to any one accident, and (3) .550,000 with respect
to property damage. Such policies shall name Landlord as
one of the insured and shall be noncancellable as to
Landlord, except upon at least thirty (30) days' prior
written notice given to Landlord. Tenant shall furnish ,
Landlord with copies of all such policies or other acceptable
evidence that such insurance is in effect.
C. Fire, Exteneed_Covarage and glass insurance.
Landlord shall keep and maintain firs, extended coverage.
and glass insurance on the building and on the leased
equipment in such amount es it c!acros appropriate, anel Tenant
Page Hine, LEASE
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shall not be liable for any loss resulting from such loss.
under this coverage* the loss@ if any, shall be payable to
Landlord or any designated institutional londor named as
beneficiary of a deed of trust or mortgage. or a mortgage now
or hereafter to be recorded upon the property. In the event
of any loss, Tenant agrees to give i:ameetiate notice to
Landlord.
Tenant shall maintain at its sole cost and axponse
fire and extended coverage insurance on any other contents on
or in the leased premises in such amount as it deems
appropriate, and shall indemnify and hold Landlord harmless
from any loss therefrom.
Landlord and Tenant hereby rtrtutually waive all
right of recovery against each other for Any loss from perils
insured against under their respective insurance policies,
including any extended coverage and en4orse:nents thereto,
to the extent of such insurance compensation; provided.
howevers that this release and waiver shall be inapplicable
if it would have the effect. but only to the extant that
it would have the effect, of invalidating any insurance
coverage of Landlord ar Tenant. Tenant shall remain liable
for any lose to Landlord in excess of such insurance caused
by the negligence of Tenant or its agents. employees.
licensees or customers.
16. Bmina_ n..jlain. If the property shall be
taken substnntially in its entirety by right of eminent `
domain, this Lease shall cease as of the date possession
is taken by the condemning authcrity. and the rent shall
be said through that date. If only part of the property shall
be taken, then the Lease shall continue in effect with a
reduction in rent in proportion to the amount of leaned
area taken. In either such event. all compensation for such
Page Ten. LEASE
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taking shall belong exclusively to Landlord.
17. Fire and Other Casualty. In the event that
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the property shall he substantially destroyed or dariaged
j
Iby
fire, earthquake or other casualty to such an extent
that the property cannot reasonably be reconstructed or
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repaired within ninety (90) days. then either party shall
i
have the option to terminate this Lease by sending notice.
of its option to terminate to the other party. If such notice
is not sent within twenty (20) days from the date of loss.
then Landlord shall co,=ence and prosecute with reasonable
diligence any work necessary to restore or repair the
property. During the period the property is damaged or being
repaired, the monthly rent shall be abated in the proportion
which the untonantable portion of the property bears to the
whole thereof.
18. Bar against Assignment and Sublease. Tenant
shall not assign, sublet or transfer all or any part of
ithe
property without the prior written consent of Landlord;
but consent to such assigrvaent, sublease or transfer of any
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Interest in the property shall not be unreasonably withheld.
.
If the property is occupied by anyone other than Tenant,
Landlord may collect rent from the occupant and apply the
net amount collected to the rent herein reserved, but such
action by Landlord will neither waive this provision nor
.
release Tenant form any further performance under the terms
of this Lease. Consent once given by Landlord to any
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assignment, transfer or sublease under this Lease, or any
interest therein, shall not bar Landlord from afterwards
R
refusinq to consent to any further assiyrunent. transfer or
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sublease.
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19. Prohibition of Involuntary Assignitent; Effects
of Bankruptcy or Insolvency. Neither this Lease nor any
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Page Eleven, LEASE
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interest of Tenant in the prnt._-rty shall be subject to
Involuntary assignment, transfer or sale by operation of•law,
nor in any other manner -whatsoever; and .any such attempt 6t
Involuntary assigruaent, transfer or sale shall have the
effect of voiding the interest sought to he assigned,
transferred or sold, and shall be of no other effect
whatsoever. In the event Tenant is adjudred insolvent, or
makes an assignment for the benefit of creditors, or if a
receiver is appointed for Tenant with authority to take
possession or control of the property or the businesses
conduct6d thereon by Tenant, and such receiver is not
discharged within a period of thirty (30) days after his
appointment, that event shall constitute a material breach of
this Lease by Tenant and shall, at the sole and exclusive
option of Landlord, and without the necessity of entry,
notice of other action by Landlord, terminate this Lease and
all rights of Tenant under th!s Lease in and to the property,
and terminate all rights of any and all persons claiming
under Tenant.
20. t72n-wAIver of Default. Neither the acceptance
of rent nor any other act or omission of Landlord at any
time after the happening of any event which would entitle
Landlord to terminate this Lease or to declare Tenant's
Interest hereunder forfeited, shall operate as a waiver of
any past or future violation, breach default or failure to
keep or perform any covenant, agreement, term or condition
hereof, or to deprive Landlord of its right to terminate or
forfeit this Lease or be construed to at any future time
estop Landlord from promptly exercising any option, right or
remedy that it may have under any term or provision of this
Lease.
21. ftalding Over. In the event that Tenant remains
rago Twelve, LEASE
In possession of the nroaerty after the expiration of the.
term of this Lease, with the written consent of Landlord
and without a writtf-n 1043o, Tenant shall be deemed to be
occupying the property as a nonth-to-month tenant, subject
to all of the conditions, provisions. terms ana obligations
of this Lease insofar as they i:.ay be agplicablo to a
month -to -month tenant. Such tenancy :pay be terminated as
provided for by the laws of the Mate of Alas:ca.
22. Removal of Proper. In the event that
Landlord re-enters the promises to secure theca following
abandonment or other prologned absence by Tenant. or enters
the property for the purpose of reletting the property or
retaking possession thereof, Landlord shall have the right,
but not the obligation to remove all personals property from
the property and may store the same at any place selected by
Landlord. including, but not limited to, a private or public
warehouse, at the expense and risk of the owners of such
property. After such property has been stored for a period of
thirty (30) days of more. Landlord shall have the right to �
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sell the stored property without notice to Tenant. The 1
proceeds cY such solo shall be applied first to the coat of
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such sale, second to the payment of storage charges, if any.
and third, to the payment of any other sums of money which
ivay then be due Landlord from Tenant under any of the terms
hereof, the balance, if any, to be paid to Tenant.
23. Access and ins action. Landlord may enter ,
the property at all reasonable U mes during usual business
hours for the purpose of inspecting the property and making
Improvements to or performing other work on the property. �
24. License Fees, Sales and tlithholding Taxes.
Tenant shall pay any and all l:ccnse or excise fees , sales
taxes and occupation taxes covering businesses conducted
In. on or about the property. upon reasonable raquest, Tenant
Pago Thirteen. LEASE -
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shall furnish Landlord with rvic'enco of payment of personal
property or withholding, or other tox-es which, if unpaid;
might lead to a lien upon leasehold interest of Tenant in '
the property.
2S. Default. In the event that Tenant should
violate or breach or fail to perform any covenant, agreement,
term or condition of this Lease, including, but not limited
to. the timely payment of rent, landlord may, at its sole
and exclusive option, and in addition to any other rights
and remedies it may have under the laws (a) terminate this
Lease; (b) re-enter upon the property without terminating
this Lease and relet the property on behalf of Tenant; or
(c) declare the full amount of the reserved rental payments
Immediately due and owing, leaving Tenant the right to
possess the property for the remainder of the lease term. In
the event that Landlord elects one of these options, it may
exercise the option after sending express written notice
to Tenant setting forth the option to be exercised, and
In the event that Tenant fails to cure within ten (10) days
of receipt of such notice, may proceed to do the followings
h. Termination. In the event that Landlord elects
to terminate the Lease, Tenant shall be liablo for the
payments and rents unpaid prior to the termination and for
all expenses and other damages, both direct and
eonsecraontial, suffered by Landlord as a result of the early
termination of the Lease, irrespoctive of whothor they were
incurred before or after terminating the Lease. Such expenses
and damages shall include, but are not limited to, the cost
of restoring the property to Its original condition at the
beginning of this Lease. the cost of any remodeling of the
property which may be required In order to find another
suitable tenant, and all legal costs and attorneys' fens
Prigo fourtoen, LEASE
TA f. _ . ..... .
4
incurred in terminating this Luse, enterinq into a now [.ease
with a subsequent Tenant and collecting all monies drre and
owinq Landlord by Tenant. In reletting the property. Landlord
may, in its role and absolute discret+on, relet all or any
i
portion of the property, after making such alterations and
divisions of the property as it considers desirable or
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appropriate, for a period equal to or different from the
remainder of the term of this tease, for as many times, and
for such rent as Landlord deems appropriate.
B. Re-eentr and RelettinT. In the event that
Landlord elects to re-enter the property without terminating
this Lease and reset it on behalf of Tenant, it may do so
on such terms and conditions, for as many times, for such
rent, and for such periods as it chooses in its sole and
absolute discretion. In the event that the Landlord cannot
find another suitable subtenant after a reasonable effort
to do so, Tenant shall remain liable for the full amount ;
of the reserved rent, as it falls due and owinq; and Landlord
may then elect either to terminate or accelerate as provided
for in Provisions A and C Smmeliately above and below. In
the event that Landlord is successful in reletting the
property. Tenant shall rer,ain liable for the full amount of
the reserved rent under the terns of this Lease, together
with all oxpenses and damages, both direct and consequential.
Incurred by Landlord as a result of the default and
reletting. Such expense and dameges, both direct end
,
consequential, shall include all of the expense and damflges
enumerated above in V25.A. All rental payments recoivad by
Landlord from the new subtenant as a result of the reletting
shall be offset against the rent, expenses and eamages owed
Landlord by Tenant. Suit may be brought by Le.nelord from time
to tine to collect amounts eve L..ndlord -,s such amounts
Page Fifteen, VASE
accumulate, or after the t•nd of the :.erm specified herein, as
Landlord chooses in its sole and absolute discretion. nothing
herein shall prevent Landlord frow reletting the property for
a term in excess of the term specified herein; and Landlord
shall not be required to pay Tenant any amount by which
the rentals from ouch reletting may exceed the amount Tenant
is required to nay Landlord under the terms of this Lease.
Tenant hereby ,appoints Landlord as its agent to re-enter,
anon the premises and to lot them on its behalf in the event
of a default, and hereby declares this appointment to be
coupled with an interest and irrevocable.
C. Accel�retion. In the event that Landlord
elects to accelerate all rental payments due under the terms
of this Lease, the entire account of the reserved rent,
discounted to present value at the rate of twelve percent
(12%) per annum, shall itmnediately become due and owing.
However, in such event, Tenant shall have the right to
continue in possession of the property and re-enter and
repossess the premises for the remaining term of the Lease,
notwithstanding any prior action on its part which indicated
an intention to surrender the Lease. and provided (1) that it
has first satisfied in full all of its obligations to
Landlord. and (2) given Landlord ten (10) days' prior written
notice of its intention to repossess the proporty where it
hes abandoned it or left it vacant for a period in excess of
two (2) weeks, and (3) Landlord has not leased the premises
to third parties or conmcenced his own business operations
therein.
26. Specific t'ccurrences Constituting Default.
Specific instances of ^:aterial default under the terms of
this Lease shall include, but are not livi.ted to, the
followings (a) the filing by Tenant in dny court, pursuant to
Page Sixt*en, LEASE
-1.1.11111pl� TA
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any statute or law of the United Status or any state, of a
petition in bankruptcy or insolvency, or for reorganization
or for the appointment of a receiver or tru:ttne of all or any
portion of Tenant's property; (b) the nnizure of Tenant's
interest in the property pursuant to cny legal process,
attachment or levy on behalf of any creditor of Tenant or
any governmental authority, or Use toking of possession of
the property by any of Tenant's creditors; (c) taerla%ing
by Tenant of an assignmont or cor.position for the benefit
of Tenant's creditors; (d) the abaneonment of all or any
Part of the property by Tenant; (e) leaving the property
vacant for a period in excor.s of tvro (2) :seeks; and (f)
initiation of the dissolution or other termination of the
existence of Tenant.
27. Signs. All signs or syrahols placed in windows,
on doors or elsewhere in, on or about the property by Tenant
shall meet the requirenents of the City of Kenai and the !
Kenai peninsula Borough. In the evont that Tenant places
signs or symbols on the exterior of the building, or in
the windows or on the doors or elsewhere which are visible
form the straet which do not meet these requirements,
Landlord may immediately demand the removal of them. A
failure by Tenant to comply with such demand promptly shall
constitute a material breach of this Lease ar.d entitle
Landlord to recover possession of the property in the manner
provided for by the tares of this Lease. Any signs placed in,
on or &bout the property shall be placed with the
understanding and agr:emnnt that Tenant will remove the same '
upon termination of this i.ease and repair any eanage or i
injury the property caused thereby. If such signs are not so 1t
removed by Tenant, Landlord may have the tame re!.:ovad at t
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Tenant's expense.
Page Seventeen, LEASE 1
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28. ArbUrition. Any betnaen the
parttes with respect to the interprrtatlon or applieatton
of thte Lease or the ebltgations of t:jo parties hereunder '
shall be deternin3d by arbitration. Such arbitration shall'
I
be conducted. uron request of aith:+r the Landlord or the
1
Tenant, before en arbitrator designated by and in accordance
f i
with the rules of the American Arbitration Association and
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the Alaska Uniform Arbitration Act. The arbitrator designated
and actin.1 under this L^.a3a 4hall rja±ce its determination
In strict conformity with such rules and shall have no poisor
to eepnrt from or change any of the provisions hereof. The
expense of arbitration proaer_di.n!4s conducted hereunder shall
be borne equally by the parties. All arbitration proceedings
hereunder shall be conducted in Anchorage. Alaska.
•
_., .r •. •.:.s,a,.Qn. >,..,. ,. _ �;
29. O�stion to Extend Lease. The Tenant shall
have an option to extend this Lease for an additional
'•
five-year term fro the 1st day of June, lost to the Tist day
of May, 1986, upon the following terms and eonditionsc
A. Conditions. All terms and conditions during
the extension period, except the rental rate, shall be the
some as set forth in this Lease, including rental adjustments
set forth in 414.
R. The rental rate shall he renegotiated prior to
the commencement of the said rental tern. Unless a mutual
ahroement 1.9 reached regardinq the rental rate for such term,
-"�'�±%+=kL•�". a+!tl'�`+•vA�i!W.t%'.!M+.Y �.;
this Agreenent shall terminate at the and of the primary ,
f
ono -year term hereof.
tiotwit±iatandtng the foregoing, the Tenant shall
have an option to extend this Lease according to the terms
' 1
hereof at a rental rate of Six Thousand Two Hundred Fifty
±
`
Dollars (44.250.00) per month, plus an anount equal :o any
i
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additional adjustments rP<uirnd or permitted according to the
1
Page Eighteen, LrASE
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terns of V4 nttOVA,
C. Exnrr:ise. Thn option to renew shall he
exercised in wrttinq by the Tenant not Inter than forty-f;ve
(45) days prior to the expiration of the original term.
30. Parties "i.ind. The covonnnts, terms and
conditions contained herein shP11 he hindl.nn upon the lieirs,
devisees, administrators, executors and successors in
interest of the Parties hereto.
M . Modification. flo modification of this cease
shall be effective unless in writing and signed by the
parties hereto or their duly authorised representatives.
32. flotir_es. All notices required under the tarns
of this Lease or by law shall be in writing, shall contain
a clear and concise statement setting forth the reasons
therefor, and shall be scant by certified mall, return receipt
requested, to the appropriate party at the address specified
hereafter or such other address ae thnt.Party may designate
in writing to the other party from time to tang. In the
event that a Properly sent notice is returned undelivered,
the notice shall nonetheless he a"festive.
40dress of Landlord:
KATMAi, INC.
P. O. Box 2840
Kenai, Alaske 99611
Aedress of Tenant:
ATHAVAS70S OIMITFIOS I-AHF.RAS
P. o. Box 178
Kenai. Alast•.a 99611
33. Entire Anroerient. This written agreement
constitutes the entire agreei..ent hotwceen the narties and
sunersec!es all other prior or contArinoranget:s agregments,
oral or written. between the narties not included herein.
Ill WIVIESS WHERFOF, we `cave herr_unto set our havies
the day and year first hereinal>ive written.
?one ffineteen, LE4SS
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Lisnd lord
icy
THAt1AS10 DIt.}ITRIOS SSA11FRAS
Tenant
.STATE, OF ALASKA )
) ss.
TH7no JUDICIAL DISTRICT )
THIS IS TO CERTIFY that Before me, the undersigned,
a ttotary Public in and for the gtnte of Alaska, duly
commissioned and sworn as such. personally appeared
know nQ to fio the ; oNation
that exarlsted the within inarunent, and known to me to he
the person who executed the within 1netrmsent on behalf of
the Corporation therein named, and acknowledged to me that
such Corporation executed the same pursuant to its by-laws
and by authoritiF of its Soard of Directors.
IN WITNESS WMEOP, 7 have hereunto set my hand
and affixed my official seal. this day
of
ROTARY PUH'LZ�I. FTOR ALfiSY.A
Fly Conmission Erpiresl
STATE OF ALASKA )
sat
T111RD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that before me, the understand,
a Notary Public in end for the State of Alaska, duly
commissioned and sworn as such, personally anneared -
Athanasios Dimitrios Maheras, '.mown to we and to no known to
be the identical individual nemed in and rho executed the
above and foregoing instrument, and who acknowledged to me
that he signed and sealed the same as his free end voluntary
act and deed, for tho uses and purposes therein mentioned and
set forth.
111 wIT1#ESS wwnsoP, I have hereunto sot my hand'
and affixed my official seal, this day
of !_�.. 1980.
fiUTA:1Y'PUu'LIC V O4- _ALASWA
MY Co-s.•n1 ss! on Fxpi res s
Page Twenty, LEASE
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pit AIMINSt
CRY 0► KKNAI
r'. ".,ei ur
VA".LAW Sgii
2:2019
TA — r
AGREEMENT FOR VENDING MACHINE CONCESSION
THIS AGREEMENT made this _ day of July, 1980, by and.
between the City of Kenai, hereinafter called "Owner," P. 0.
Box 580, Kenai, Alaska 99611, and Tyler Distributing Co.,.
Inc., hereinafter called "Concessionaire," P. 0. Box 96,
Kenai, Alaska 99611,
WITNESSET.4 t
WHEREAS, Owner desires to contract for vending machine
services for the Kenai Airport Terminal Building, and
WHEREAS, Concessionaire has applied to furnish such
services, and Owner desires to award the contract for such
services to Concessionaire, and
WHEREAS, Concessionaire has been furnishing the services
set forth herein under agreement with a prior lessee of
space in the Kenai Airport Terminal Building and has continued
such services after termination of said lessee's interest,
NOW, THEREFORE, the parties hereto agree as followst
1. Services Concessionaire will maintain and service
in the Kenai Airport Terminal Building soft drink, hot
drink, candy, and cigarette vending machines (one each) now
situated therein, and any change of machines, additional
machine, or withdrawal of machine may be made only with the
written consent of the Airport Operations Manger. `
2. Responsibilitys All personnel furnished by Conces-
sionaire will be employees of Concessionaire, and Concessionaire
will pay all salaries and employer's expenses of, federal
social security taxes, federal and state unemployment taxes,
and any similar payroll taxes relating to such employees,
and will carry workmen's compensation insurance for such
employees. Concessionaire will be considered for all purposes
hereunder an independent contractor, and it will not at any
time directly or indirectly act as an agent, servant, or
employee of the Owner, or make any commitments or incur any
liabilities on behalf of the Owner without its express
written consent.
M
BEM L DEtAHAY
0"MTONIM
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3. Risks: Concessionaire will provide all proper
safeguards and shall assume all risks incurred in performing
its services hereunder.
4. Terms This agreement shall be effective as of
April 1, 1980, and shall be effective for a term of 3 years
and thereafter shall continue in effect until terminated by
either party by 30 days written notice served personally or'
by certified mail on the other party at the mailing address
set forth in the opening paragraph hereof or such subsequent
changed address as either party may direct provided written
notice thereof is given the other party with service as
provided herein.
5. Consideration: As consideration herein, Concessionaire
shall pay to Owner 10% of the gross proceeds from all food
and drink machines and 10 cents per pack for each package of
cigarettes sold.
6. Place and Time of Payments All reports of business
done and all payments shall be made on the basis of calendar
quarters and will be delivered within 15 days after the end'
of each calendar quarter to the Finance Director, City
Administration Building, Kenai, Alaska, or by mailing to the
following address City of Kenai, Box 580, Kenai, Alaska
99611. Owner acknowledges that reports and payments have
already been made by Concessionaire covering the period
through June of 1980.
7. Uses The use by the Concessionaire of the premises b
described above is limited to the purposes specified herein
and is not intended to grant any exclusive use to the described
premises unless otherwise provided above. This use is also ;
subject to the reasonable administrative actions of the
City of Kenai for the protection and maintenance of the
promisee and of adjacent and contiguous lands or facilities.
8. Hold Harmless: Concessionaire agrees to save the
City harmless from all actions, suite, liabilities, or
damages resulting from, or arising out of, any acts of
AGREEMENT FOR VENDING MACHINE CONCESSION - 2
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commission or omission by the Concessionaire, his agents,
employees, customers, or invitees, or arising from or out of
the Concessionaire's occupation or use of the premises
demised or privileges granted, and to pay all coats connected
therewith.
9. Forebearances Failure to insist upon a strict
compliance with the terms, conditions, and requirements
herein contained, or referred to, shall not constitute or be
construed as a waiver or relinquishment of the right to
exercise such terms, conditions, or requirements.
10. Regulations The exercise of the use granted
herein is at all times to be subject to the regulations
governing the Kenai Municipal Airport titled "Kenai Municipal
Airport Regulations," issued in 1976. By signing this
permit, the Concessionaire acknowledges that he has received
a copy of said regulations and has familiarized himself
therewith and will comply with the requirements of said
regulations.
It. Solicitationss Solicitation of donations or the
promotion or operation of any part or kind of business or
commercial enterprise not contemplated by this Agreement
upon, in, or above airport lands without the written consent
of the City, is prohibited.
12. Removal of Propertys Any or all personal or real
property placed or used upon lands or in facilities in
violation of the preceding prohibitions may be removed
and/or impounded by the City of Kenai, and when so removed
I
and/or impounded, such property may be redeemed by the owner
i
thereof only upon the payment to the City of the costs of
removal plus storage charges of $1.00 per day.
13. Space Re -Assignments Should it be necessary to re-
assign Concessionaire to a different area of the airport
terminal, the parties agree as follows: At least thirty
(30) days written notice, in advance of such re -assignment,
shall be provided to Concessionaire. The costs of relocation,
including the costs of moving and setting up counter and
AGREEMENT FOR VENDING MACHINE CONCESSION - 3
cm'"C""
Cm sr Kau1
,.,.wi n,
mw./wawn
related facilities, shall be borne by the airport terminal
and may, upon the agreement of the parties, be subtracted
from the commissions due by Concessionaire to the Airport
terminal. Should re -assignment and relocation be necessary,
Concessionaire shall be provided and afforded equivalent
space, in terms of both area and location, as that which it
presently occupies.
14. Insurances Concessionaire agrees to furnish a single
limit public liability insurance policy protecting both the
Owner and its agents and employees as named insureds in
addition to Concessionaire with limits not less than 0300F000
and also including products liability in the same amount.
A Certificate of insurance will be delivered to Owner which
shall provide for not less than thirty days written notice
of cancellation, expiration, or substantial change in policy
conditions or coverage.
r"-
OWNERs
CITY OF MAX
Sy:
William J. DrrqTt-on
City Manager
CONCESSIONAIRE:
TYL4otor
UTI CO , INC.
Sy$
. Ty et
STATE OF ALASKA 1 /
)ss
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for
the State of Alaska, on this day personally appeared WILLIAM
J. BRIGHTON, City Manager of the City of Kenai, known to be
the person who executed the above Agreement and acknowledged
that he had the authority to sign the same, for the purposes
stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day Of
July, 1980.
Notary Public in and for A as a
My Commission Expires:
AGREEMENT FOR VENDING MACHINE CONCESSION - 4 ,
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STATE OF ALASKA )
)es
THIRD JUDICIAL DISTRICT )
Before me, the undersigned, a Notary Public in and for
the State of Alaska, on this day personally appeared VICTOR
G. TYLER, President of Tyler Distributing Co., Inc., known
to be the parson who executed the above Agreement and acknowledge;
that he had the authority to sign the same, for the purposes
stated therein.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
July, 1990.
Notary Public in an or A3a"fe 'a'
My Commission Expiress.�
AGREEMENT FOR VENDING MACHINE CONCESSION - 5
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C" of 199NAO
I.I. 902 IN
EMLAW009611
AAA99t1
AGREEMENT
This Agreement entered into by and between the City of
Kenai, a home -rule municipal corporation of the State of
Alaska, hereinafter referred to as "City," and OFFICER
RANDALL CORDLE of the Kenai Police Department, hereinafter
referred to as "Employee."
WITNESSETH:
WHEREAS, Employee previously entered into a contract
with the City on December 21, 1978, whereby Employee undertook
a 10 week course of study at the Drug Enforcement Administration
from January 6, 1979 to March 19, 1979, and
WHEREAS, Employee agreed to serve with the City for
three years after March 18, 1979, in return for City's
payment of salary and fringe benefits during his attendance
at said course, and
WHEREAS, Employee now desires to set up a business in
the City of Kenai, and for that purpose has terminated his
employment as of July IS, 1980, and
WHEREAS, previous contract of Employee provides that if
he left City employment after March 10, 1900, and before
September 10, 1980, that he would reimburse the City 03,690.66
and 36 hours of leave, and
WHEREAS, Employee has ample leave hours for reimbursement
of leave and wishes to make arrangement for payment of the
03,680.66 by paying $3400 thereof on return to him of
amounts due from Public Employment Retirement Service and
to give the City a non -interest bearing note in the amount
of $600.66 with payments thereon of 0200 a month beginning
November 1, 1980, and continuing until paid in full, and
WHEREAS, the contract in question provided for the
amount of payment, but did not provide that payment must be
made immediately on termination, or at any other set time.
NOW, THEREFORE, the parties hereto agree as follows
1. Thirty six hours of leave will be deducted from the
total hours of leave accumulated by Employee before reimburse-
ment.
7A
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2. Employee will obtain payment of all funds due him
under the Public Employment Retirement System without delay,
and promptly on receipt thereof will pay to City the sum of
03,000.
3. That on execution of this Agreement, Employee will
execute a Note in the amount of $680.66 payable in monthly
payments of $200 or more beginning November 1, 1980, and
continuing until paid in full without interest except for
interest at the rate of 18 per month on any payment thereon
not made within 15 days of its due date.
IN WITNESS WHEREOF, the parties hereto have set their
hands this _ day of July, 1980.
CITY OF KENAI
By$
Wm. J. Brighton
City Manager
EMPLOYEEi
B /
—'�Randall coralt
Kenai Police Department
I AGREEMENT - 2
C,/o / - / ✓q ;
CH:tiI PRIOR APPROVAL OF
:ZHILL CONTRACT CHANGE ORDER
AND AUTHORITY TO PROCEED WITH WORK
r• _
REFERENCE NO. -VA_
PROJECT �E A� t Sep•¢, �QA«AEw1T^P�.AtJT Eft PiA1�1 st0�1 PROJECT NO.
CONTRACTOR
REASON FOR CHANGE�NE:o- a - la nR x Av^T:jgb 1
I 'P.Sc � • E~ O -vfta TZE n^ja%M o qW %T fm!,, ' Sit C-aQ l�bE M {s'� EQ.t Ate
DESCRIPTION OF WORK {
tf(cR. rx.GA.lA'iE �1zYo•J� -tNE tt•,1E''S � GRAb�S sula.e.11S o•1 �
�w.Nc� A-11 -r<b �,g+rtoyE �as.�•sls.tl.t.¢ Sot` ray �t��L-ten
md -rt � E•.1Q•t�lEeR,. AP�.AS PFFEe.-yea ARe -Tsar 4F 2' 1
St_sPaa ORot)Alo � [.�wtbs�Y t•..ArL.t F •!¢�.b ewi V otir Tt�E.
A¢a.Ar�t� ��GEiT2'R. tAC..r�'Tt6il�.. E1ICAJAt'to•J A•.14 �AC.1�L.FIIll.11�1
_AV 0L%Q nO--4 -T C-2 I-OCAT • o d t 5 • •ae-t-g ocz to *-NowS qm of AQORo�IA�.
METHOD OF PAYMENT (check one) !
NO CHANGE S o
!~' •� AT UNIT PRICE OF CONTRACT ot" faveAVAToo s 3 0 /a•I.�rq
i - (SMAD orw COOt+n0.4r-V s "a•o �wp� sr+c�G.1� •t.t.•ay �� 40. vim,
AT LUMP SUM AMOUNT ,I
FORCE ACCOUNT EST. AMOUNT $452 eo, vo Bfrefters04
6399 a�. Yo, atatCF��t
TIME EXTENSION
YES NO NO. OF DAYS
REMARKS
� ��.�� .�aa....+e�S E�[LAJATtAw.l I►AIa is�arrC•5.1,.•A!4 t•.1Ac.t..ofLbAN1C.6
. � wiTN SO�e.LIRtGpTtbwlrr �ta0. MAAI(aCb F►b�oe_.+ATLO wl�a RC•..D[At�Nt�
• � ••raG b.G.�,dt..I!_ �� wtet- •^1GWb�.n t•.1 �a�s 4Aao APpILo•JA�.
_ APPROVAL AND ACCEPTANCE
f OWNER DATE
I ENGINEER �rckocsoN DATE
CONTRALTO DATE �� g g►
3. sro cK )c Tyr.? ty A 9r ss�:
i FORM 135
$.00/Ce X 6397
48-0)-7s 'r— s14 Y� ell 000
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CITY OF KENAI
.lod Gap" a f 4"
F. O. &OX 00 K6NA1. MASKA 99611
TEL6PNON1 760 - 7636
July 9, 1980
MEMO
TO: Keith Kornelis, Director of Public Works
FROM: Gordon Nicholson, CH2M Hill
SUBJECT: Sewer Treatment Plant Expansion Over Excavation
An over run of the anticipated over excavation has been necessary
at the Sewage Treatment Plant Expansion. The additional over
excavation was necessary to remove unsuitable sub -grade material,
which was deposited when Forrest Drive was extended to Kenai Beach
Road, and during the 1971 Treatment Plant Expansion.
This unsuitable material 'consists 'of, mixed 'soiIs�and organic
material, mainly Iogs " tumps and 'surface,vegetation.. Based upon
soils borings and the existing, treatment plantyos=built drawings,
the construction contract requires•1he removal of,•�S,000 cubic
yards of unsuitable material from :the project site. During
actual excavation, 'it became apparent the 'extent. Vf unsuitable
material was greater.than anticipated.' The estimated amount of
over excavation required'is 89SOO:cubic ,yards: JPhe- additional
cost will be about $81n000.00 j �-:`• * �' ,�} j
Since this cost is grant eligible, the City's�share will be 12.St
or $10,125.00. In order to minimize:.the cost of over excavation,
the aerobic digester has been relocated. Without this relocation,
the over excavation cost would have been an additional $14,000.00.
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OMII No. 11•R!I!). /►.Ir.d Cgia. lru 1+ 1911
Or 10.111 •••~— U. DLPAA1Mt0/t us,CoN16aeg
.for
T. 1.•t.l •, teON0Y1C Oe V{�OI•Y►NI AWIINI{TRAIION
PNOILCT No.
PERIODIC ESTIMATE FOR MARTI%L PAYMENT
•'?A t11
CONTRACT wo.
"Aug AND LOCATION or PROttCT
Treatment Plant rXpATIslon
NANs Alto ADON{i1 or con TRAC TOM
owdN G ASSOCIATES, J.V.
1
Nox 1313 1
02410016 e$TINATa M0. .L Pon PCNIOD A03AeIs.,�, Te 7-Wfi ems,
1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT ONLY
Rawls must be limited to work and cats undo the original connect only.
(gosh and cost data under change orders Is go be shown in Pon t of this iota)
Columns (1)11116111111 (51 Enter data above In 9010=81. 7. 5. 8 and 9, respectively. on Pao ED•111 papaed by
Contractor.
Columns (6) and (7). Show all vatic Completed to datsunder'Originai contras. j
Column (81 Enter the difference between entries In Columns (S) and (7).
Column (91 Show Percent gala of ColumO 0) eo column (It
CONTRACT
CONPL{TaD To OATa
1
COST
T
WANT.
4091 Pan
TOTAL COST
AVANT.
TOTAL Oat
NO.
OP ITCY
VMCO fe0
sorts
COMP
VINT
"NIT
11
IS/
NI
NI
Iq
/SI
el
1{I
at
1
Nobilicetion
84,335.00
84,335.OD
1
2
Dowlition
18,000000
.`,.• '
3
Earthwork
;18,465.00
V,500.00
47.
4
Inlet Manhole
6,075eoo
;
5
Asphalt Pavement
11,40.00
6
Fence
16,200.00
4,050.OD
!
2
7
Seeding
2,%4.00
8
Fern Septage Facility
11,424.00
9
Fors control Building
11,424.00
10
Fors Parshall Plante
11,424.00
11
Plus 8eptage Facility
T
6,038.00
12
Place Control Building
6,038.00
13
Plebe Parshall Flume
60038.OD
14 •
Fors Oigestsr•
120,40.00
27,016000
22.
15
Fors Clarifier # 1
71,242.00
16
fors Clarifier 0 2
132,309.0D
17
Fors Sludge Pump Building
45,696.00
18
Form Other
11,424.00
19
Place Digester
63,675.00
'
20
Place Clarifier # 1
37,656.00
.'.
21
Place Clarifier P 2
69,934.00
it
22
Plano Sludge Pump Building
24,152.00
23
Place other
6,038.00
24
Masonry
11,623.00
25
Fabricated Metalwork
710525.00
26
Rough Carpentry
12,084.00
27
Finish Carpentry
3,180.00
28
goofing aed Dampproofing
11,956.00
29
Building Insulation
5/088000
30
Special insulation Digester
11,702.00
••-
51
Doors and windows
7t377.00
_
TOTAL OF COST COLUMN$
• meo....oe .ntl.•n
____---------- - -- —
I,/jOr
' ., •
og•CgI,IT1oN or ITCY
CON/I.Cr
Cr-Jb.1 ...Y IY l.A1/
COST or
YMC011putIgo
s
01Y0NI•
4001.Cw
vote?"it
TOt.L COST
OY.NT.
To,CS, gas,
eomg
gout
111
IS•
10►
1.1
10.
00
1.1
10t
to
32
Painting
137,376.00
33
Ht. Exohsage Ciro, Pump
1120.00
34
Boiler Ciro,Pump
1:078.00
35
Waste Activated Awes
17,211000
36
Digested Sludge Awps
19,818.00
37
Polymer Puaps
79077.00
38
Septage Transfer Pumps
14,618.00
39
Activated Sludge Pumps
114,583.00
40
Sludge Rectrc. Awps
39877.00
41
Sludge Belt Press
93#981000
42
Rotary Screens
32r502.00
43
Secondary Clarifier Hoch
129,761.00
44
Aeration Equipment
72,692.00
45
Sludge Heat Enhanger
%,9o8.G0
46
Aerobic Digester Blowers
709030#00
47
•151
Aeration•Basia Blowers
47,254.00
48
Automatic Commits Samplers
8,g27.00
49
Polymer PqutPwnt
13,877.00
50
Laboratory and shop Equip.
30,%8.00
Diesel Engine Generator Set
12,720.00
52
Truck and Traitors •
1599586.00
53
Chlorination System
149150.00
I
54
Secondary Olaritior Dome
Covers
119.278.00
S
55
Belt Conveyors.
73005040
1
• $6
Underground Pipe
3109500.00
98,758.31
57
Aboveground Pips
2500131000
38
HVAC System
127r200.00
'
59
Plumbisa, Nino. Piping wpoc
32,400.00
60
Insulation QI Hest Traoing
19:080000
61
Asrobie'Digester Boiler
�•
15600.00
62
Electrical
3049319.00
'
63
Over Etoavaticn '
2,100.90
2000.00
' '1's
1009i
.;
4
1 i
TOTAL or cost co►ulun
•599.515.
✓ 368,759 i1
_. YH0w..0i /•.•1•M/ i .
l`
-1 —
F'
C14COULN OF CONTRACT - CHANGE ORDERS
ADDITIONS TO Onlo:NAL
Liu vvvey chance ordtr iacu`d to dalu of this request oven if fro toori
CONTRACT PRICE
9SOMCTION ,
be. huta, dune under gnu or Mere aueh advr..
FROM
CONTRACT PRIG
CONTRACT'
TOTAL COST OF
cost OF CHANCE
As a." ,
CHAIN tK ONOaR
•- DESCRIPTION
flags AOoEO ey
ORDER ovens
ON CHANGE
'
CHANGR ORDER
COMPI.f Tea
ORDER$
HO.
OI Tf
TO DATE
491
fat
1 A
Excavation
pending
20,220
00
Backfill
79792
00
i I .
i
1
TOTALS 11 28,012 00
S. ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE
(0) OriSlaal contract amount (Oar. ) • h nt or rate lasm) 3e599,515.00
(b) Piusi Additions scheduled in column d .bon n rag
(e) Loses Deductions scheduled Is column 6 above•--
(d) Adjusted contract amount to den
d. ANALYSIS OF WORK PERFORMED ,�68e759a31
(0) Colt of orislnel eoonset osrb performed to den (Col. r • 10,001 of this tweq
(b) Estes web performed to date (COL s abre)
W Taal can of rok performed so dew • •
.L:!S. * .+,. .�: ,Ira. • W Loss Amount.teined In accordance with contract terms (JAM each F.rsonr aM lelrar em"solo a ;�-•....,W.
(a) Not smosn owned on contract tough to date 4_+Q
0) Addy Materials stood as gloat of this period fasteeh @etanser eabelure)
�-• W Subtural of (a) Said (I)
I W Loses Amount of previous payments -
(1) BALANCE DUE THIS PAYMENT
S. CERTIFICATION OF CONTRACTOR
Aeeerdinp oar ohe heot of my Morledde and belief. I e@aily abet ell items cad amount• obetoa on th@ (tear of this Po iodic Eotlmew
fa panisl Faymrgu an comets thet ell wale het bone podormSd end/ct manrid suyyptkd 1qq rsell soeadeae to6h 5,. nquiranasw
e/ the releraaeed Contract. end/. duly sugherigod deebtiano. aubedtstiane, slgtrotf0.. cord/or eddleionot shst Ohe faoSo11,81 s
tow and eanset arstemoot ,.So
the egnswa aeeouas up to end indgein8the drat day al oho F. a..ered by.6. PsrIndk Eastmawp
that no pan al the .Sala.. Due This Perseot•• het hies stared, end thn she undeatISn@d and Ak ssbeootsarem hea•(ensem
.FPflrea'a Ina)
0. ® CasPlied glib ON the labor 9109181emi of sale e011e8Sct.
b. Q Compiled with all the labor provisions of sold contract @scope In thou lacteoe@* what so bosses dispute mikes witb to-
.. apes to said labor provisions. (it (6) to absence. Ieoribe bole it Room of @iapute.) . .
I� .ajC:rilCrF�7,:1�. 7tY!•k!Z'.a�,Ner"'.7'
I t
13WJN & ASSOCIATES, J.V.
(Ceswowwl . mite of bwteal R.aN.aate1M1
July 8t 1980 , It___. Title
J. CERTIFICATION OF ARCHITECT OR ENGINEER
I etni(y sha 1 have Irbeelad and verified the ebo►e *ad forrsolnS Periodic Es)'maw for FsRiol Petmoml #bat to ebe bear 01 mf
bnarkdA�t teed belie Is is a true and turrets statement of work performed andfat materis supplied by the contractors shot sR
work and/or material intluded,if this Periodic Estimate hat hot* inspected by mn and/or by or duty owhaked wpnacnwt ve w
es•ItO•st• mind t at it hoe ben do," end/or supplied in Itlli eeeadeae with requirements d the reference contracts aa�
that psnisl Par totflalmod a nyue d by the tomnesa is earuely computed on site bash of work Performed and/a sage -
dal ropptitd a ens
Oat@ v
7. PRE•PATMEMT CERTIFICATION BY FIELD ENGINEER -
CMra rrla so permgat tortrlralr
Q 1 have Shocked Ohio oarlam is spina the csassetor's Sch.dute of Ammmts (a Contract PaFmnto. the ease and nporgs of N
k•prctione of Eke project. *Wshe palladia toper s submitted by the ashiwa/mnitinmir, le is any opinion that she statement a1
agar pwlamed oat/or materials setplied is Accerate. that the contractor is observing she Itquirtmenw al The contact. mad
shot too t�o�tseI sbocid be paid he amount requested shove.
XA rectify sA� ell rak .nd/w �iah under the contract has bete inspected by me and that is le• been palard and/ar asp.
plkJ in 1 11 mtea4nte 1 It fkkbeee wquitemras *fob* comas.
. pteu ErgtAah .te) -
Al. ri Paul
�
1
(
II
I
I
a
I
1`
f,
Alaska Built r and Real Exrhangw Mile 25.5 N. Road
Service, lnc-. Phone (907) 7711.87611
P.O. Box 7112 N RB
Kenai,. Alaska 99611
/416"Al ee /1/0 gew
June 19, 1980
City of Kenai
.. ...........
Department of Public Workd
P.O. Box 580
Kenai, Alaska 99611
ATTENTION: Keith Kornelis
SUBJECT: Work progress schedule
Dear Mr. Kornelie:
The following is a progress report on the construction of
the lubrication
facility and addition to shop building project.
1. Relocation of telephone lines
$ 10600.00
2. Excavation and relocation of waste oil tank
3,000.00
3. Relocation of drain lines at existing shop
1,500.00
4. Excavate and install drain field
40500.00
5. Installation of foundation and slab
18,000.00
6. Insulation of slab footing
2,500.00
7. One (1) hoist installed in floor
9,500.00
S. Completion of tire rack
2.700.00
Total for material and labor on completed portion
431300.00-
If you have any questions concerning the above, please contact me.
Sincerely,
ALASKA BOILER & HEAT EXCHANGER
SERVICE, INC.
aj ��I':'�� wg)�
Ferrell R. Dean, /tom
�i� 71 ��0 -
President _ _ _ �Coc/N�
APPROVED BY CITY OF KIENAI
FRD/dls 0 MY MANAGER -- -- FINANCE
-
X PUBLIC WORKS ».. »...a L7 4TTI)RNEY
.. .»
('CITY CLERK .. .._ C7 ...............
_.. -
4RIGINAI COPY TO
I
WINCE CONSULTING ENGINEERS
CORTHELL
! BRYSON
10 July 1980
Rebillinq
& FREAS
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
Att'n: Keith Kornelis,
Director of Public Works
- INVOICE -
PROJECT: Kenai Municipal Airport -1980 Improvements OUR JOB NO. 80-15
ADAP 6-02-0142-06
Rebilling through 30 June 80
Electrical Enaineerin4
.
Principal Engr. V 239 hrs. @ 55.000"
13,145.00✓
Project Engr. ti 305 hrs. @ 45.00 ✓
13,725.00✓
Draftsman 4✓l88 hrs. @ 27.50✓
5,170.00/
_ Typist z 50 hrs. @ 17.00✓
850.00✓
32,890.0 0
Civil Engineering -
Engineer 1 ti 286 hrs. @ 42.00
12,012.00✓
Engineer III -v 23.5 hrs. @ 32.00 ✓
752.00✓
Draftsman v 31.0 hrs. @ 18.00v
558.00),
Typist L 38.5 hrs. 9 17.00✓
654.50✓
$13,976.50�
Surveying
2-Man Party 2.5 hrs. @ 71.50 ✓
178.75✓
178.75�
Expenses
Airfares, AAI 7 R.T. A 47.55
332.85 ✓
- ---
Printing, Specifications 55 sets x 190 pgs/set
x $0.25✓
2,612.50 ✓
Blue Prints 50 sets x 16 shts/set
x $0.90 ✓
720.00 ✓
Accounts not paid within 30 days of
date of invoice will be
subject to charges of 1% per month
from date of invoice.
BOX 1041 KENAI,ALA9KA 998111
PHONEC9O71293-4972
?r I:eriF«.cd t•�t � betfi � /in. tic rc glo.. qG/e
:L.
City of Kenai 2 invoice July 10, 1980
80-15
Air Freight, AAl 4 @ 9.98 39.92 V
S3705.2790
Total from above $50,750.524'
Not to exceed figure $50,000.00.-I
10% RetaInage 5.000.006-11
$45,000.00 --r
Less Previous Payment (21,323.-65)aK
Total Balance Due $23,676.35
40"
A. C'T" OF
Xr,
................... .......
. ........ . ....... U ............... ....
FI --f .................. . . ....
Service
NO 000296
•
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
•
Jobs Trails Conatruet•lon
DATE DESCRIPTION BALANCE
7/11/80 Equipment Rental & Labor as per Resolution No. 79-119
P.0.#12543
At.,cl 44er / / ail Z At. ® R0,1A. J rozoz90,0
wl /v,./ o6oe 7'mdre 197A fffasp-
ii a 0� � ®��li. yy�7• S � .
rn"Zz?,
�r'�j LSD a/os�vr �
APPROVED BY CITY OF KENAI
r CITY MANAGER PCFINANC9
f'� PUTLiC WORKS ._.»... «« »». CI ATTORNEY .
t
ORIGINAL COPY TO
"COMPLETE COMMERCIAL AND RESIDENTIAL LANDSCAPINQ"
Boot 356 • Soldotna. Alaska 99669.282-5135
1.1/2% service charge on accounts carried past 10th of month
l {
E
•
P E T I T I A N
FOR STREET IMPROVEMENT DISTRICT
We, the undersigned, are owners of real property adjacent
to Linwood Lane south of Kenai Spur Highway, and we hereby
petition the City Council of the City of Kenai to create a
public improvement district under the provisions of KNC
16.OS to provide Street improvements to Linwood Lane south of
the Kenai Spur Highway to bring the street up to City specifications.
i;
.Signature of Printed Name of Address Telephone_ No.
Property Owner Property Owner .
1.' / ,. le, it yni j .F..,f: 9i�7 U 2,-
. ?n 2 If, i-s,' a•,e. V7 X%
4.
�� s �A�il�idM. R.c•1 �1N;_p't. �.�wfu�erl!„. Ig
7.
9.
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l�f���- T �iflo�l
• / iAl LU:�e/J % .b� • � •.L'"!�-'Xf?.(�
1AYfapx
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MAOM L%�s. c.j:._e.
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/arlr/'Yoh /irn': _?, .r_ s;�
17.
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"R.., Ila s & gu-. 996
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tc���pttt
1la�r n t!et
.
/�t //Z •.QJ-A ? 9'1. 799G'
' �� �+41b::-2•<..v.i::• , ...„.• c ..^ ,.r:: -:f 19. �/ O[� / Td� _ �L✓� /T(AL?77`�. �IZ ��3/fa'R,M, .7. �.%'� /�jJ
f / i
_ AFFIDAVIT
-__-- _ STATE OF ALASKA )
I THIRD JUDICIAL DISTRICT 'se
The undersigned, being first duly sworn, hereby certifies that
the parties whose signatures appear above, were known to him as (Or
stated to him that they were) owners of real property as indicated
t
and each personally signed t is Petition in bib presence.
kJ
SWORN and SUBSCRIBED to before me 09io o? day of
Nota)Py Public in and for.Alaaka
My Commission Expires s_,4d g 9_&.3
l
f
i
S
� s
Mi
i
•
P E T I T I O N
FOR STREET IMPROVEMENT DISTRICT
We, the undersigned, are owners of real property adjacent
to Linwood Lane south of Kenai Spur Highway, and we hereby
petition the City Council of the City of Kenai to create a
public improvement district under the provisions of KNC
16.05 to provide Street improvements to Linwood Lane south of
the Kenai Spur Highway to bring the street up to City specifications.
Signature of Printed Name of Address Telephone No.
Property Owner ProEgrty Ownec
1. �Rip•/ 3nt,r h...�. ,f •23 927S�
L1Caekcs AAA en e4E. &A fog.V7se
�d-3. cal
4• Lip l.LI9L,•C��c x�2G :_ fl.; loi
5. ,1A1;11;A I. �fi.•Vlr�: 12�� , L.i{1m9.4 L,�. 2�3
6. o fnn ri• Mees %..Seth, VA i}Li u)ay[ l.n.-)93-'+'c1L
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7.6T• L.lA/edo.+o'Aly_ ,�9a•7'o9�
9. MAdu IN IJ:. GA Pe 015
10. ° ✓/ > w„ c,A►.��[xe,.x ee)A-r3ntr. oy�,,?�Fb2lG3
Y'Ft
iZ--. A 1� issrr A64 a/yO.T inn, APT 7,'1?e.
13.pd �nete� .. (!nenSn.�3o�n. no 'ds3.799L
14. LIc� .sc/�. �%3�C �/ st'd��a. 2 d'3-7c1�6
15040 X o-a -G-• J, A4:-�4 3 Ke.A -A
, a. 77g 1
I i[yv �ux,o. SAtk+crl .7! elf•.
17. `if i Y,%ff /.� b ra✓ Bnr ..�n �sscNi ! /, f� Y/
ao �ym� _ --
19. ' ' 1u a t•��-C 11r14j" ,� •'"DPP
20
AFFIDAVIT
STATE OF ALASKA jss
THIRD JUDICIAL DISTRICT I
The undersigned, being first duly sworn, hereby certifies that
the parties whose signatures appear above, were known to him se for
stated to him that they were) owners of real property as indicated
and each personally signed this Petition in his presence.
tR
SWORN and SUBSCRIBED to bef re me thi-aday,og , -Ago.
(JO
nn j/. ��• >
B -
No Public in and for Alaska
/Sy Commission Expires$ &-29 P3
T1 — --- _ _ - ,.
U
_ CITY OF KENAI
_ /. O. BOX NO KENAI, A&AfKA 09611
111,10II0NE 463 - 7636
July 11, 1980
MEMO
TO: Bill Brighton, City Manager
FROM: Keith Ko rnelis, Director of Public Works
SUBJECT: What's Happening Report for City Council Meeting
of July 16, 1980
ARIPORT WAY - WATER, SEWER AND STREET IMPROVEMENTS
We are still waiting on Jackson and Garland to repair the asphalt
on Airport Way where the water line was -dug up last year. They
say that they are waiting for the local paving company, Harley's
Trucking, to bring their equipment back from Homer before
completing the repair work.
SHOP ADDITION AND LUBE RACK ,r .., ••;? } , ,
Alaska Boilers are'waiting on delivery of.!ihe steel building at
this time. There is a pay estimate before,Council at this up-
comdaing temeeting for progrgs{s ,pay '�{stimate.mo:y-1 1A(�£�or ,work completed
SEWER TREATMENT PLANT, wINTkdPTOR.•LINE IND 'OUTFALL
Brown Construction Company has -run into �aconsiderable amount of
problems in excavation for both the aerobic digesters and the
clarifiers. The aerobic digester has been relocated in an effort
to reduce construction costs. The new location will still entail
considerable amount of over -excavation, plus the over -excavation
already completed. The plan is to come in with one change order
to cover the relocation and over -excavation caused by the aerobic
digester and the over -excavation from the clarifiers. Coming
before Council the next meeting, is a portion of change order no.
i that is labeled IA. IA is for the over -excavation and at this
time is estimated to be approximately $81,000.00. There will also
be additional changes because of the relocation of the aerobic
digester such as change in piping locations and links, wiring
changes, etc. Once all the different changes are taken into
.=J account, there will be a change order labeled change order no. 1,
which will include all the sub items 1A, 1B, etc. Mr. Gordon
Nicholson of CH ZM Hill, the Resident Inspector on the project,
will come before the City Council at this upcoming meeting, to
.1 — __
What's 11appening Report
July 11, 1980
offer a complete explanation to these change orders. He will
take that opportunity to answer any and all questions concerning
the over -excavation and change of location for the aerobic
digester.
The interceptor line, which was designed by CH2M Hill, will be
bid on July 30, 1980. There is a pre -bid conference on July
16, 1980. We are running a little bit behind my tentative
schedule on this project, but it looks as though it will be
constructed this summer and fall.
CH2M Hill are presently designing the outfall portion of this
project. It is possible that this project will be bid sometime
this fall, but it is very unlikely construction would be completed
during this construction season.
TOM STUDY
USKH have completed the CEIP portion of this project, and are
presently working on the ten extra quarter sections.
PARKS AND RECREATION ATHLETIC FIELD FENCING
• The budget for this project has been approved by Council, and this
project is ready for final award once we have received the
necessary funds from the State.
1980 KENAI_AIRPORT ELECTRICAL IMPROVEMENTS
There was a pre -construction conference on July 7, 1980 concerning
this project. The bid date is July 15, 1980 at 2:00 p.m. The
Council is receiving a blank resolution in their packet since
the bids will not be opened until the day before the Council
meeting. I will fill in this blank resolution for distribution
at the Council table, using what the Public Works Department
feels is the lowest.responsible bidder. If there are any questions
concerning this project or the bidders, they can be discussed the
night of the Council, or at the Council's convenience.
SENIOR CITIZENS CERAMIC STUDIO
Timberline Construction has substantially completed the Senior
Citizens Ceramic Studio. There is a final check list that
--- is delivered to the contractor prior to closing out this project.
There has been some supervision problems and construction problems
- on this project, but Timberline has not asked for and we have
not given any partial payments for this project. I understand
Timberline is presently working on their one and only billing for the
project, but it does not look like it will get here in time to
j go into the packet.
c
i FYIDALGO, BIDARKA, BARNACLE, CAVIAR AND ATTLA WAY
This project has been designated as Fidalgo Subdivision Street
• it
W
%l --ram ---,-------r
0
What's Happening Report
July 11, 1980
Page 3
Improvements. Bid documents and drawings have been completed
by Peninsula Engineering. There will be a pre -bid conference
on July 21, 1980, and the bid date for the project is July 31,
1980. There is not too much privately owned property along
these street improvements. Most of the property is City owned
land, but for the purpose of public input.and in order to
receive public comments concerning this project, we will be
having a public hearing on July 17, 1980 at 7:00 p.m. Property
owners along these improvements will be notified via certified
mail and by a single ad placed in the Clarion. I am trying very
hard on all my projects this year, to not only give the public
an opportunity to comment, but actually seek out and ask for
comments. I feel that we can get a better product if we not
only listen to, but consider all comments concerning any of these
projects.
KENAI SPUR FRONTAGE ROAD
Wince, Corthell, Bryson and Freas are finalizing their drawings
for this project. There has been a public hearing and a meeting
with the utility companies concerning comments, problems, questions,
and answers on this project. It looks as though this project will
go out to bid shortly, but that due to the utility problems, only
the excavation and back fill will be accomplished this year. The
utility companies have considerable amount of work that needs to
be done, and there is a very bad materials acquisition problem
that causes utility construction relocations start-up date
late fall or early spring.
AIRPORT WARM STORAGE BUILDING
The Public Works Department is presently working on revising the
plans and specifications for this warm storage project.
WATER AND SEWER FOR SECTION 36
The engineering on this project has been previously done using the
$150#000.00 CEIP engineering money. There has been some discussion
concerning changes in the location of these water and sewer lines.
The Public Works Department feels that the location of the water
and sewer lines presently shown on the existing engineered drawings
are in the best location. Unless I receive some kind of direction
otherwise, I plan on continuing as is with the present engineered
drawings and as time becomes available, reviewing the drawings
and updating them to go out for construction bid.
CITY ADMINISTRATION BUILDING
Omni North Construction has poured some of the walls for the
City Administration Building, and are stripping the forms.
What's Happening Report
July 11, 1980
Page 4
ANIMAL CONTROL FENCING
The Public Works Department has completed the majority of the
new road going into the Animal Control Shelter. There is still
a little bit of finish work to be done along this road. Peninsula
Fencing has completed approximately 900 of the fencing.
DOT/PF WILLOW STREET CONSTRUCTION
Quality Asphalt's subcontractor, Jackson and Garland, have
completed the excavation of asphalt along Willow Street. I
understand they will be bringing in more of the barrow next
week, but that Quality Asphalt's crusher will not be here until
sometime next month. Therefore, it looks as though Willow Street
will be gravel for at least another month or month and a half.
GUARD RAIL AT THE END OF FOREST DRIVE EXTENDED
Peninsula Fencing has the material and is ready to install the
guard rail at the top of the bluff on the end of Forest Drive
Extended. Brown Construction Company is going to ask for an
ordinance change at this upcoming Council meeting, which will
allow them to put a drive gate at the end of Forest Drive Extended.
If the Council approves this, and allows Brown Construction Company
to install a drive gate at the top of Forest Drive Extended,
then some type of arrangement of leaving out a section of guard
rail or something will have to be done in order to allow vehicles
through at that point.
ELECTRIC DOORS
Kenai Steel Buildings has completed the installation of electric
door openers to the City Shop and Warm Storage Building.
CITY ENGINEER
Mr. Thomas Sleight has been hired as the new City Engineer. His
anticipated start date is July 21, 1980. His previous employer
was the Port of Seattle, and he is presently driving from Seattle
via the Alcan to Kenai. I have talked with Mr. Sleight on several
occasions over the telephone and feel that he is the most qualified
individual for this position. Gary Davis was down in Washington
at the Pacific Northwest Water Association meeting for the Harbor
Commission, and interviewed Mr. Sleight personally. Mr. Sleight
made a very favorable impression with Gary during this interview.
DEEPWOOD PARK SUBDIVISION
Alaska State Bank has taken over Deepwood Park Subdivision, and
are presently making arrangements to correct the construction
deficiencies concerning the road improvements into the subdivision.
What's Happening Report
July 11, 1980
F, Page 5
UTILITIES ACROSS WILLOW STREET
I have once again contacted the individuals that do not have
water and sewer at this time to their leased lots along Willow
Street, asking them to install these utilities so that the
pavement will not have to be torn up at a later date. The City
has two leased lots that are not leased out at this time, and
we have just completed installation of utilities to those two
properties. In calling Mr. Walter Church concerning Lot 8 in
the Etolin Subdivision, he said to me that he will release that
lot back to the City this coming Monday. Therefore, Public
Works will install the utilities to that lot next week, after
we have received this release of leased land.
ASSESSMENT DISTRICTS
The City of Kenai is starting to receive petitions for street
improvements. We have received a petition for Linwood street
improvements that is in the Council packet for this upcoming
meeting. There is also a petition going on at this time, for
paving of Birch Street, but has not yet been submitted.
w:
CITY OF KENAI
P, O. SOX NO KENAI, ALASKA 99611
»-' TELEPHONE 20.1 • 7635
1
MEMO
TOs HONORABLE MAYOR & CITY COUNCIL
FROMs BEN T. DELAHAY, CITY ATTORNEY
RE: VOTE REQUIRED ON ASSESSMENT DISTRICT
DATES JULY 7, 1980
Earlier in the year a Councilman'asked if an owner of several -
lots has only one vote'on formation .of an assessment district.
The procedures on assessment districts are contained in XMC
16.05 and the answer to the question is that while each land
owner has only one vote, it is#, n.a..sense, a weighted vote.
In order for a petition to be acceptable, it Aust be signed ,
of owners of properties which will "bear at least 50% of the
estimated cost of the proposed -improvement." (KMC 16.05.030
2 and KMC 16.05.020) .
As to public hearing`on a public pro3ect;ithe"Council may i
decrease the scope'or_.value of improvement,-'br may delete
from the proposed improvement district"properties not benefited
by the improvement, but the.last'sentence of KMC 16,05.030 4
states, "No change may be made resulting in an improvement
BTD/md
KENAI PENINSULA BOROUGH
REGULAR ASSEMBLY MEETING RECeivao
JUNI: 17, 1990; 7;30 P.M.
BOROUGH ADMINISTRATION BUILDING ALQ �19�
148 NORTH BINKLEY STREET
SOLPOTNA, ALASKA city �
- A G E N D A -
Page No.
A. CALL. TO ORDER AND ROLL CALL 1
B. PLEDGE OF ALLEGIANCE 1
C. SEATING OF NLW ASSEMBLY`IEMBERS (none) 1 }
'D. AGENDA APPROVAL 1 Appv as Amend
E. APPROVAL OF MINUTES OF: MAY 20 4 JUNE 3, 1980 1 Appvd
F. ORDNANCE HEARINGS, OR OTHER 'PUBLIC HEARINGS
(a) Ord. 80-35 "Reserving Tract D, Nu -Hope Alaska
Towns a ubdivisLou, for Use As a Community
Church Site and Providing for the Disposition
of the Land on a Negotiated Basis" 1 Defeated w/
Reconsid 7/1 '
(b) Ord. 80-36 "Rezoning Tracts B and C, May Sub-
v s on, City of Kenai, from Rural Residential
(AR) District to Suburbhn Residential (RS) District" 2 Enacted
(c) Ord. 80-37 "Amending Section 20.16.150 of the "
Borough ode Relating to Required Signatures on
► Plats, and Repealing Ordinance 80-15" 2 Enacted _-
G. CONSIDERATION OF RESOLUTIONS • "
(a) Res. 80-81 "Accepting the Proposal of 161aynard and
arc to Revise the Borough Comprehensive Plan
Outside First -Class Cities and Awarding a Contract"
with Memo 80-129 3 Defeated
i (b) Res. 80-82 "Requesting the Planning Commission to
Reappraise the Environmental Impact of Establishing
a Landfill At Mile 9.6 of the Hope Road and Author-
izing the Mayor to Proceed with the Necessary Survey
and Related Design Required for the Establishment
of the Landfill" with Memo 80.124 3 Adopted
(c) Res. 80-83 "Granting a Special Land Use Permit to
Phillips Petroleum Company for Petroleum-Rolated
. Facilities" 3 Adopted
(d) Res. 80-84 "Authorizing the Disposal of Borough _
i ecor s ich Are Outdated and Scheduled for Dis-
posal Under the Borough's Record Management Systom" 3 Adopted
(e) Res. 80-85 "Declaring the Assembly's Policy and
Directing the Boards of Directors of the Central
Peninsula hospital Service Area and the South
Peninsula Hospital Service Area to Prohibit the
Use of Public Facilities for Performing Elective
Abortions" 3 Defeated w/
-. -
f (f) Res. 80-86 11Rojecting the Bids for English Bay School Recon 7/1
i •nerdsy Ir nservation Project" with Memo 80-126 S Adopted
J.K._ ter.-Mf _l _ .. _ • ._.. .. .•.�
AGENDA FOR MINUTES OF JUNE 17, 1960 page No.
(g) Res. 80.87 "Awarding a Contract for the English Bay
School uel Storage Facility and Playground Project,
Together with Certain Additive Alternates, to Ifansen
and Company"
5 Adopted
®
(h) Res. 90.88 "Awarding the Contract for the Homer Land-
t`
Ma ntenanco Project to Robinson's Construction"
S Defeated w/
Recon 7/1
M Res. 80.89 "Certifying the Results of the June 10,
1980 Special Election held Within the Kenai River
Bridge Subdivision for a Service Area"
5 Adopted
H.
INTRODUCTION OF ORDINANCES
(a) Ord. 80-41 "Rezoning Parcels D and E of U. S. Survey
oR�, City of Seward, from One Family Residential
,
.(RI) and Unclassified Districts to Commercial (CL)
"
District" with Hemo 80-127
S Set for t
[fearing 7/1'.1
(b) Ord. 80.42 "Authorizing Receipt of Coastal Zone
j
anagement Funds for Preparation of a [comer Spit
'
Coastal Development Program and Increasing Estimated
Coastal Zone Management Revenues and Appropriations"
S Set for
[fearing 7/1:
(c) Ord. 80-31 Substitute "Amending Section 2.08.120 of
e Borough Code Setting Out the Order of Business
of the Assembly, and Soctien 2.08.130 of the Borough
Code Regarding Public Presentations to the Assembly"
6 Set for
Hearing 7/1.
(d) Ord. 80-43 "Amending Section 2.08.020 of the Borough
o e, to rovide that Regular Meetings of the
Assembly Shall Adjourn at Midnight"
6 for
HSet
7/1
(e) Ord. 80-44 "Amending Section 2.08.050 of the Borough
r.
o eL'- e,, elating to Notice of Reconsideration of
Assembly Action"
6 Set for Hea
Ing as Am 7
I.
FORMAL PRESENTATIONS WITH PRIOR NOTICE
(a) Right to Life Representative
3
J.
COW-11TTEE REPORTS
6
Finance (McCloud, Hllle, Cooper, Crawford, Corr, Dimmick)
iba ) Local Affairs (Campbell, Davis, Sikorski, Pickarsky)
7
School Board Meeting (Corr)
�c)
d) Public Works (Arness, Ambarian, Long)
7
K.
MAYOR'S REPORT
(a) Financial Report for May, 1980
7 Acknow.
L.
SCHOOL CONSTRUCTION REPORT
` M.
OTHER BUSINESS
(a) Waiver to Time for Filing Senior Citizen Exemption:
7 Approved
- PENDING -
i
(b) Res. 80-62 (no action)
.
(c) Res. 80-28 (no action)
N.
ASSEMBLY AND MAYOR'S COMMENTS
7
0.
PUBLIC CONVIENTS sit c . �'^
8
P.
INFORMATIONAL MATERIALS AND REPORTS
8
• Q.
NOTICE OF NEXT MEETING AND ADJOURNMENT
8
L - -
-
KENAI PENINSULA BOROUGH
MINUTFS OF Till' REGULAR ASSEMBLY MEETING RECEIVED
JUNE 17, 1980; 7:30 P.M.
^ BOROUGH ADMINISTSOLDOTNA,t�ALASKATION UILDING JUL 0 8.1960
CITY 0I A. CALL TO ORDER AND ROLL CALL KBN41
The meeting was called to order at approximately 7:30 p.m. by Pros. Elson.
PRESENT: Assemblymombe rs McCloud, Siko rski, Ambarian, Arness, Campbell,
Corr, Crawford, Davis*, Dimmick, F.lson, Fischer, llille, Martin;
Atty. Sariski, Planning Director Waring, Public Works Director
llakert, Admin. Asst. Baxley, Assessor Thomas, Finance Director
Barton, Borough Clork Drymor
*Arrived late (7:5S p.m.)
ABSENT AND EXCUSED: Assemblymombers Pickarsky, Cooper, Long
B. PLEDGE OF ALLEGIANCE
C. SEATING OF NEW ASSEMBLYMEMBERS (none)
D. AGENDA APPROVAL
The agenda was approved with the deletion of G(i) Res. 80-90 and placement
of Item I with Item G(e).
E. APPROVAL OF MINUTES OF PREVIOUS MEETINGS
The minutes of flay 20 and June 3, 1990 were approved as submitted.
F. ORDINANCE HEARINGS
(a) Ord. 80-35 "Reserving Tract D, Nu -hope Alaska Townsite
subdivision, for Use As a Community Church Site and
Providing for the Disposition of the Land on a Negotiated
Basis"
The ordinance was read by title only as copies were available for the
public. Public hearing was opened.
Mr. Jim Skogstad, President of (lope Village Council, urged the transfer
of Tract D of Nu -hope Townsite to the Village of Hope. Iie read a letter
from Charles Graham, Chairman of the hope Advisory Planning Commission,
which stated the Advisory Planning Commission and the Village Council
have voted in favor of aquisition of the tract and the Village has formed
a non-profit corporation to own and administer the land. The (lope church
group has also formed a non-profit corporation in ordor to manage a com-
munity church.
As no one else wished to be heard, public hearing was closed.
ASSEMBLYMEMBER CAMPBELL MOVED FOR ENACTMENT OF ORD. 80-35.
In reply to questions, Atty. Sarisky stated this ordinance provides for
the reservation of a tract for public use as a community church site as
opposed to a reservation of borough public lands for parks or other public
purposes. It is not a land sale, which raises questions of residency and
lottery and the land moritorium would not apply.
tr. Fischer questioned if the transfer is made, could the Village or church
group then sell the land without assembly approval.
TA u
KENAI PEiNINSULA BOROUGH ASSFMBLY REGULAR MEETING MINUTE'S OF
JUNE 17 1980 PAGE 2
Atty. Sarisky stated this question would depend upon the instrument of
conveyance. Mr. Skogstad has reported the Village incorporated as a ncc��..
profit corporation which causes some concern. Mr. Sarisky stated he h!`-i
can in contact with village members and the question has come up as to
how a non -entity could somehow hold proporty. Ile had advised them there
isn't any way of doing it except by pursuing the options to form a local
government; therefore, assuming that this is an effort by the village of
Hopo to avoid the contemplated statutory scheme for incorporating a local
governmental unit, it could be come a problem. Assuming there is a valid ;.
existing non-profit corporation, tho instrument of conveyance would have
to be specifically worded so that the use, were it other than a community
church facility, or an effort to divest title to someone else, there would
be a reversion to the borough.
Mr. Fischer requested the instrument be drawn up so the property would
.revert back to the borough in the event tho Village triod to dispose of it.
Atty. Sarisky referred Mr. Fischer to Section 2 of the ordinance which state
that any instrument of transfer, sale, or lease shall include such terms
as will protect the interest of the borough, insure that ariy facility is
to be open to all persons and religions without discrimination, and will
be used only for community and religious purposes.
QUESTION WAS CALLED AND THE ORDINANCE FAILED BY A VOTE OF 24 "YES" TO 35
"NO"; McCloud, Sikorski, Campbell, Corr and Fischer voting "Yes". (See
Assembly Comments for Reconsideration)
(b) Ord. 80-36 "Rezoning Tracts B and C, May Subdivision,
t�nai, From Rural Residential (RR) District to
Suburban Residential (RS) District"
The ordinance was read by title only as copies were available for the
public. Public hearing was declared open and as no one wished to be
heard, was closed.
ASSEMBLYMEMBER AMBARIAN!'LOVED FOR ENACTMENT OF ORD. 80-36 AND WITHOUT
DISCUSSION WAS ENACTED BY A UNANIMOUS VOTE.
(c) Ord. 80-37 "Amending Section 20.16.150 of the Borough
Code Reating to Required Signatures on Plats, and
Repealing Ordinance 80-15"
The ordinance was read by title only as copies were availablo for the
public. Public hearing was declared open.
Mr. Jerry Anderson, Homer presented a letter with a resolution from the
Alaska Society of Professional Land Surveyors urging and recommending the
Planning Commission and assembly require that plat review be comppleted by 4
a registered land surveyor. and that a staff position be filled by a regis-
tered land surveyor. Ile believed Mrs. Dimmick's proposed amendment was a
step in the right direction, but did not believe there was any way around
the extra $6S.00 for a Cortificato of Plat with the present assembly atti-
tude. .Ile recommended rathor than the Certificate of Plat being presented
30 days prior to the plat hearing, that it be presented 30 days prior to
the signature of the Planning Director. The Certificate of Plat should
be accompanied by copies of the instruments of deed of trust with security
interosts referenced on the Certificate and if the instruments do not con-
tain any prohibition to subdividing, permission to subdivide is implied.
He stated a dead of trust holder should not be given p second opportunity
to object to subdividing because this has involved cases of extortion in '
the past. In closing, Mr. Anderson stated the existance of..],ease clauses b
and a deed of trust should be deemed adequate.
Mr. Davis arrived.
- 2 -
TA _ f.
A
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTEy OF
JUNK 17 1980 PAGE 3
ASSEWPLYMEMBER ARNESS MOVED FOR EKACTI.II:NT AND ASSEMBLY1.111MBER DIMMICK THEN
MOVED TO AMEND AS FOLLOWS: "Not toss titan 30 days prior to the Plat Com-
.mittec's hearing on the final plat, the subdivider shall present to the
Planning Director a title report prepared by a title company showing each
title and security interest in the land and copies of the deeds of trust.
Upon receipt of the title report, the Planning Director shall notify
security interest holders of the proposed subdivision and the date of the
hearing upon the final plat by certified wail, except that the Planning
Director need not serve certified mail notice upon the holders of security
interest if permission to subdivide the land is contained in the security
instrument or other agreement to permit subdivision of the land on the plat."
THE AMENDMENT FAILED BY A VOTE OF 28 "YES" TO 37 "NO"; McCloud, Ambarian,
Campbell, Corr, Dimmick and Eisen voting "Yes".
THE ORDINANCE WAS ENACTED AS PRESENTED BY A VOTE OF 46 "YES" TO 19 "NO";
Ambarian, Campbell, Dimmick and Elson voting "No".
G. CONSIDERATION OF RESOLUTIONS
(a) Res. 80-81 "Accepting the Proposal of Maynard and
artc to Revise the Borough Comprehensive Plan
Outside First -Class Cities and Awarding a Contract"
ASSEMBLYMEMBER McCLOUD MOVED FOR ADOPTION OF RES. 80-81 AND THE MOTION
FAILED BY A VOTE OF 29 "YES" TO 30 "NO"; Sikorski, Arness, Davis, Fischer
and Martin voting "No".
(b) Res. 80-82 "Requesting the Planning Commission to
Reappraise the.Environmental Impact of Establishing
_ a Landfill at Mile 9.6 of the Hope Road and Authorizing
the Mayor to Proceed with the Necessary Survey and
Related Design Required for the Establishment of the
Landfill"
ASSEMBLYMEMBER ARNESS MOVED FOR ADOPTION OF RES. 80-82 AND IT WAS ADOPTED
BY UNANIMOUS VOTE.
(c) Res. 80-83 "Granting a Special Land Use Permit to
PiiiiipsPetroleum Company for Potroleum-Rolated
Facilities"
ASSEJIBLYMEMBER McCLOUD MOVED FOR ADOPTION AND THE MOTION PASSED UNANIMOUSLY.
(d) Res. 80-84 "Authorizing the Disposal of Borough Records
Mich Xre Outdatod and Scheduled for Disposal Under the
Borough's Record Management System"
ASSEMBLYMEMBER McCLOUD MOVED FOR ADOPTION OF RES. 80-84 AND WITHOUT DISCUS-
SION THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
(e) Res. 80-85 "Declaring the Assembly's Policy and Directing
TH Fo—arT of Directors of the Central Peninsula hospital
Service Area and the South Peninsula hospital Service Area
to Prohibit the Use of Public Facilities for Performing
Elective Abortions"
ASSEMBLYMEMBER FISCHER MOVED FOR ADOPTION OF RES. 80-85.
Mrs. Shawn Hawbold, reprosenting the local Right to Life Organization,
urged support of the Resolution. Mrs. Hawbold introduced Kristine Fardig,
Prosident of the Alaska Right to Life, Inc. from Anchorago, who spoke to
,—)the assembly about the legality of barring abortions. She reported in the
- 3 -
v
v
TA r
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF
.TUNE 17, 1980 PAGE 4
Peolkor vs. Doe case of 1977, the Supreme Court ruled "A city may constitu-
tionally choose to provide publicly financod hospital services for child-
birth, but to bar abortions in its public hospitals". She presented to
the assembly a summary of Supreme Court rulings dealing with abortions e
the Congressional Quarterly. In her commonts she reported the question"" .
abortion is primarily a moral one. She requested the assembly to consider
prohibiting abortions in its hospital facilities. Slides were shown by
Mrs. Hawbold rolating to the subject.
ASSEMBLYMEMBER MARTIN ROVED TO AMEND RES. 80-85 TO READ IN THE TITLE:
"A BALLOT PROPOSAL DETERMING IF THE CENTRAL PENINSULA HOSPITAL SERVICE
AREA AND THE SOUTH PENINSULA HOSPITAL SERVICE AREA SHALL PROHIBIT THE
USE OF PUBLIC FACILITIES FOR PFAIFORMING ELECTIVE ABORTIONS" AND AMEND THE
FIRST AND SECOND "WHEREAS" BY DELETING THE WORDS, "the assembly finds that"
AND AMEND THE FOURTH "WHEREAS" TO READ "WHEREAS, the Central Peninsula 1
General Hospital and the South Peninsula General Hospital are public facili-
ties owned by the Borough and shall prohibit elective abortions." DELETE
THE FIFTH "WHEREAS" AND MEND SECTION 1 TO READ: "Section 1. The Borough
owned hospitals shall have a policy against using its hospital facilities
for the convenience of elective abortions in the South Peninsula Hospital
Service Area and in the Central Peninsula Hospital Service Area." ADD A
NEW SECTION 2, DELETING THE PRESENT SECTION 2, TO READ: "Section 2. There
shall be placed on the ballot at the next regular election within the
Central Peninsula Hospital Service Area and the South Peninsula Hospital
Service Area, respectively, the following proposition:
Proposition 'Shall Res. 80-95 of the Kenai Peninsula Borough
provides g for the prohibition of elective abortion in the
borough •owned hospitals be adopted?'
Yes
No"
DELETE THE PRESENT SECTION 3 AND ADD A NEW SECTION 3 TO READ "Section
That this resolution takes effect immediately upon voter approval and
certification by the Kenai Peninsula Borough Assembly."
In support of the motion, Mr. Martin stated there is an issue of the right
of the woman and the right of the fetus or the child with the main question
being the use of local tax funds to support hospital facilities and protect
hospital -deficits. Tax dollars from the public are being used to provide
abortions in these facilities when there are certain taxpayers who find
abortions appalling and totally against their conscience. If there are
people who still want abortion, they can be performed in the doctor's office
Mr. Fischer favored the amendment as the democratic way to proceed.and
urged passage of the resolution.
1UESTION WAS CALLED AND THE At1ENDMENT DEFEATED BY A VOTE OF 34 "YES" TO
1 "NO"; Ambarian, Arness, Campbell, Corr, Dimmick and Elson voting "No".
Mr. Campbell stated he did not want to sbe the issue distorted and wished
to have the question presented to the hospital boards for recommendations.
The medical staff and the patient's particular needs must also be considered:
The boards have certain management responsibilities and they should exercise;
this responsibility. Ho stated hospital boards spend many hours wrestling
with regulations from the state and federal government; the abortion regula-
tions issued through the Supreme Court have caused innumerable problems.
ASSEMBI.YMEMBER CAMPBELL MOVED TO AMEND THE TITLE BY DELETING "DIRECT" AND
INSERTING "suggest" AND IN THE FOURTH "MIEREAS" AND IN SECTION' 1 DELETE ;
"declares" AND INSERT "suggests". At the request of Messrs Fischer and
Martin, Mr. Campbell included the time limit of 60 days for the boards .to
respond.
- 4 -
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF
JUNE 17, 1980 PAGE S
r)QUESTION WAS CALLED AND THE ?IOTION FAILED BY A VOTE OF 26 "YES" TO 39 "NO";
McCloud, Sikorski, Campbell, Fischer and Martin voting "Yes".
Mr. Sikorski stated if the assembly continues to refuse the people the
right to determine use of their tax dollars and policies at the ballot box,
it should be noted for the record that all 16 assemblymembers are up for
election and until there is a majority of the assembly that will give the
people the right to govern themselves the problem will continue.
QUESTION WAS CALLED ON TIM MAIN ?LOTION U11ICH FAILED BY A VOTE OF 27 "YES"
TO 38 "NO"; McCloud, Sikorski, Davis, Fischer and Martin voting "Yes".
(f) Res. 80-86 "Rejecting the Bids for English Bay School
.ner�servation Project"
ASSEMBLYMEMBER CRAWFORD ?LOVED FOR ADOPTION OF RES. 80-86 AND WITHOUT DIS-
CUSSION THE RESOLUTION WAS UNANIMOUSLY ADOPTED.
(g) Res. 80.87 "Awarding a Contract for the English Bay
School uel Storage Facility and Playground Project,
Together with Certain Additive Alternates, to Hansen
and Company"
ASSEMBLYMEMBER CRAWFORD MOVED FOR ADOPTION AND WITHOUT DISCUSSION THE
RESOLUTION WAS UNANIMOUSLY ADOPTED.
(h) Res. 80-88 "Awarding the Contract for the Homer Landfill
Maintenance Project to Robinson's Construction"
! ASSSIBLnIEMBER DI?ff-IICK MOVED FOR ADOPTION OF RES. 80-88.
T Mr. Ambarian reported the Public Works Committee did not meet tonight to
discuss this award, however, the prior performance of the contractor was
discussed previously. It was his belief the borough has moved too fast
with this award.
ASSEMBLYMEMBER A11BARIAN MOVED TO TABLE RES. 80-88 UNTIL THE NEXT MEETING.
MOTION FAILED BY A VOTE OF 39 "YES" TO 26 "NO"; Crawford, Davis, Dimmick,
Fischer and Martin voting "No".
THE RESOLUTION FAILED ADOPTION BY A VOTE OF 33 "YES" TO 32 "NO"; Ambarian,
Arnoss, Campbell, Crawford, Elson, Hille and Martin voting "No". (See
Item H(o) for Reconsideration)
(i) Res. 80-89 "Certifying the Results of the June 10, 1980
Special -Election held Within the Kenai River Bridge
Subdivision for a Service Area"
ASSEMBLYMEMBER HILLC!►LOVED TO ADOPT RES. 80-89 AND THE MOTION PASSED BY A
VOTE OF 62 "YES" TO 3 "NO"; Campbell voting "No".
H. INTRODUCTION OF ORDINANCES
(a) Ord. 80-41 "Rezoning Parcels D and E of U.S. Survey
No. 3�ity of Seward, From One Family Residential
(R1) and Unclassified Districts to Commercial (CL)
District"
ASSEMBLYMEMBER McCLOUD MOVED TO SET ORD. 80-41 FOR HEARING JULY 1S AND
,--�WITIIOUT DISCUSSION THE ORDINANCE WAS SET FOR REARING BY UNANIMOUS VOTE.
<.J (b) Ord. 80-42 "Authorizing Receipt of Coastal Zone
anal►T gement Funds for Preparation of a Homer Spit
Coastal Zone Management Revenues and Appropriations"
KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF
JUNE 17, 1980 PAGE 6
ASSEMBLYMEMBER DIM1dICK MOVED TO SET ORD. 80-42 FOR IIEARING JULY 15 AND
THE MOTION PASSED BY A VOTE: OF 47 "YES" TO 18 "NO"; Arnoss, Davis, and
Martin voting "No".
(c) Ord. 80-31. Substitute) "Amending Section 2.08.120 of
tto Borough Code Setting out the Order of Business
of the Assombly, and Section 2.09.130 of the Borough
Code Rogarding Public Presentations to the Assembly"
ASSEMBLYMEMBER CAMPBELL MOVED TO SET ORDINANCE FOR HEARING JULY 15 AND THE
MOTION PASSED BY A VOTE OF S9 "YES" TO 6 "NO"; Arness voting "No".
(d) Ord. 80-43 "Amending Section 2.08.020 of the Borough f
o end , to rovide that Regular Meetings of the Assembly
Shall Adjourn at Midnight" !
ASSEMBLYMEMBER CAMPBELL MOVED TO SET ORDINANCE FOR HEARING JULY 1S.
ASSEMBLYMEMBER MARTIN IIOVED TO AINIEND THE TITLE TO READ "SHALL ADJOURN AT
10:30 P.M." AND A?IEND SECTION 1, 2.08.020, LAST SENTENCE TO READ 1130:30
p.m." INSTEAD OF 12:00 o'clock midnight".
ASSEMBLYMEMBER DAVIS REQUESTED INCORPORATING IN THE MOTION THAT THE TIME
COULD BE CHANGED FROM 10:30 P.M. TO MIDNIGHT UPON MAJORITY VOTE OF THE
ASSEMBLY. MR. MARTIN AGREED TO INCLUDE THIS STATEMENT. THE AMENDMENT
FAILED BY A VOTE OF 38 "YES" TO 27 "NO": Ambarian, Corr, Dimmick, Elson
and Hilie voting "No".
THE ORDINANCE WAS SET FOR HEARING BY A VOTE OF S4 "YES" TO it "NO";
Ambarian and Dimmick voting "No". -
(a) Ord. 80-44 "Amending Section 2.08.050 of the Borough
o ewe acting to Notice of Reconsideration of Assembly
Action"
ASSEMBLYMEMBER CAMPBELL MOVED TO SET ORD. 80-44 FOR HEARING JULY 15.
Mr. Arness commented there have been times when the assembly received
additional information prior to adjournment which made it imperative to
reconsider the subject at the same meeting and this ordinance would prevent
an immediate reconsideration.
ASSEMBLYMEMBER DUIMICK MOVED TO AMEND SECTION D AT THE END OF THE FIRST
SENTENCE BY ADDING, "unless important and new information is brought out i
prior to adjournment of the meeting". THE AMENDMENT PASSED BY A VOTE OF
S9 "YES" TO 6 "NO"; Martin voting "No".
QUESTION WAS CALLED ON THE MAIN MOTION AS AMENDED AND ORD. 80-44 WAS
NANIMOUSLY SET FOR HEARING.
MR. CAMPBELL GAVE NOTICE OF RECONSIDERATIOX OF RES. 80-88 FOR THE NEXT
MEETING (JULY 1).
I. FORMAL PRESENTATIONS WITH PRIOR NOTICE
(a) See Item G(e)
J. COMMITTEE REPORTS
(a) Finance Committee
Mr. McCloud reported the Committee considered a letter from Mike TauriL_.'en
relative to sales tax as well as the negotiated contract with personnel.
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KENAI PENINSULA HORdUGH ASSEMBLY REGULAR MEETING MINUTES OF
JUKE 17, 1980 PACB 7
Mr. Baxley commented the negotiated contract has boon consumated and the
Resolution will be before the assembly on July 1 for consideration.
(b) Local Affairs Committee
Air. Campbell reported the committee met with 3 Planning Commission members
and representatives of Kramer, Chin F) Mayo to discuss the possibility of
reducing the scope of work on the Coastal ?Management plan in order to
reduce costs. The committee went to the absolute minimum of $150,000 to
$160,000 which would involve two meetings in the Central Area and would
eliminate the Dittman poll. The prime concern was that this portion of
the plan is for communication between the planning function and what the
people want in the way of development within the borough.
ASSEMBLYMEMBER CAMPBELL MOVED TIIAT RES. 80-62 BE AMENDED TO AUTHORIZE THE
MAYOR TO NEGOTIATE A CONTRACT WHICH WILL NOT EXCEED $195,000; THE RESOLU-
TION TO BE BROUGHT BACK BEFORE THE ASSEMBLY ON JULY 1 AND AT THAT TIME
THERE WILL BE AN OUTLINE OF THE SCOPE OF WORK.
Mr. Sikorski reported the committee further discussed the hiring of Dittman
for the poll by the assembly if it wished, to proceed with this portion
of the work.
THE MOTION PASSED BY A VOTE OF 59-"YES" TO 6 "NO"; Martin voting "No".
Cc) School Board (no report)
(d) Public Works (no meeting)
K, MAYOR'S REPORT
(a) Finance Report for May, 1980
ASSEMBLYMEMBER HILLE MOVED TO ACKNOWLEDGE RECEIPT OF THE MAY 1980 FINANCIAL
REPORT AND THE MOTION WAS UNANIMOUSLY APPROVED.
L. SCHOOL CONSTRUCTION REPORT (none)
M. OTHER BUSINESS
(a) Waiver of Time for Filing, Senior Citizen Exemption (Thompson)
ASSF.MBLYMEMBER DIMMICK MOVED TO APPROVE THE WAIVER OF TIME FOR FILING FOR
M. R. THOMPSON AND THE MOTION WAS UNANIMOUSLY APPROVED.
- PENDING -
(b) Res. 80.62 "Awarding a Contract for Phase II, Coastal
evlf a oi'pment Program, to Kramer, Chin 4 Mayo"
This resolution to be placed on the July 1 Agenda.
(c) Res. 80-28 (no action)
N. ASSEMBLY AND MAYOR'S COMMENTS
(a) MR. MARTIN GAVE NOTICE OF RECONSIDERATION OF RES. 80-95 JULY 1.
Mr. Martin reported there was,a recent court ruling regarding the number
-I)f signatures required on petitions and he wondered how this will affect
,--Ahe borough.
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KENAI PFNINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES OF -
JUNE 17, 1980 PAGE 8
Atty. Sarisky stated he has been in touch with Judge Cartoon's office and
the Kodiak City Clork and the File is being sent to the borough. lie su�
gosted in the interim that those people carrying petitions got as many
signaturos as possible. f
(b) MR. MCCLOUD GAVE NOTICE OF RECONSIDERATION OF ORD. 80-35 JULY 1.
(e)' Mr. Ambarian called attention to the Oil and Gas Lease Sale
maps on the bulletin board and reminded the assembly of the hearing June i
23, in the Assembly Room.
(d) Mr. Fischer commented there are numerous fireworks stands between
here and the Cooper Landing area, all of which are not legally meeting the
state regulations. He believed the state should enforce its regulations.
Mr. Fischer requested a resolution be drafted for the next meeting chal-
lenging the Constitutionality of the statute which allows C$RA the right
to alter an apportionment plan which changes the life style of the elected
officials.
(o) Mr. Arness referred to an editorial in the Times which indicated
the pitfalls of reapportionment.
0. PUBLIC COMMENTS
(a) Charles Pribbon expressed appreciation for the assembly's attention
to the abortion problem.
(b) Jerry Anderson exppressed dismay that abortions were allowed in
local hospitals which receivo funds from the taxpayers. He added he has
considered an out and out rebellion and refusal to pay taxes.
(c) Tom Harvey also agreed that abortions•shouid not be allowed.
expressed disfavor with the lack of attention of some assembiymembers to
the public's presentations.
(d) Pete Harvey stated that government should take a position on the {
issue. The youth of our generation need guidance.
(a) Marcie Vance stated that she and her husband were fortunate as
they have been able to adopt two wonderful children. She opposed abortions
stating children should not be destroyed.
P. INFORMATIONAL MATERIALS AND REPORTS
Pros. Bison noted minutes and reports in the packet.
Q. NOTICE OF NEXT MEETING AND ADJOURNMENT
• 1
Pres. Elson stated the next regular meeting will be July 1, 1980 at 7:30
p.m. and the June 17 meeting adjourned at 10:30 p.m.
i
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ATTEST:
I oroug ► clerk
t
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Date approved JulY 1, 1980
s y res ant
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IFA
•' KI:NAI I'l;NItJ5ULA 1lpIt000ll
REGULAR ASSIi11•1BLY DIr-ET I NG -
JULY 1, 1980; 7:30 P-H.
BOROUGH AMITNISTRATION BUILD114G
• 148 North Binkley Street
Soldotna, Alaska Picka
Siko:
-
AGENDA - Ambai
RECEIVED Arnof
CamA. CALL TO ORDER AND ROLL CALL JUL 0 2.1980 Coop(
Corr
B. PLEDGE OF ALLEGIANCE Ctivorei Davi!
C. SEATING OF NMI ASSOIBLYIN01BERS (none) Dimmi
Elsol
D. AGENDA APPROVAL Fiscl
' Hilli
E. APPROVAL OF MINUTES OF JUNE 17, 1980 Long
Mart;
F. ORDINANCE HEARINGS, OR OTHER PUBLIC HEARINGS MCC11
(a) Ord. 80.33 "Providing for Acquisition of Municipal
owors ecessary to Provide Ports and harbors,
Wharves, and Other Marine Facilities in the Borough
Outside Cities"
(b) Ord. 80-39 "Authorizing the Expenditure of $21S00,000
o nexpended Funds Approved by Ord. 77-51 for the
Purpose of Constructing, Improving and Equipping the
Nikoiaevsk School Addition and the Ninilchik School
Addition"
• (c) ' Ord. 78.70'"Establishing a H&rbor and Port Authority
ery ce Area in tho Borough"
G. CONSIDERATION OF RESOLUTIONS
(a) ' Res. 80.90 "Ratifying Amendments to the Collective
arga n ng Agreement Between the Borough and the
Borough Employees Association Relating to Wages and
Employee Benefits for Fiscal Year 1980-81" 4Memo
(b) Res. 80.91 "Authorizing the Assembly President to
. AP
pDelegato to a U.S. State Department
Foreign Policy Conference for State and Local
• Officials in Washington, D.C., on July 14-1S, 1980"
t
(c) Res. 80.92 "Approving the Purchase of Plicrofilm
a or r nters for the Assessing Department and
the Finance Department"
(d) Res. 80.93 "Awarding a Contract to J $ D Intoriors
• or the construction of the 1980 Carpet Replacement
Project at Soldotna Junior flight Kenai Central High
and Soars Elementary" $ Memo 80-132
(a) Res. 80-94 "Awarding a Contract for Construction of
0 otna igh School Miscellaneous Finishes and
- Installations Project to Cordova Construction" 4 Memo I
(�) oes HomerdLaning dfill" 4 Memo ct o80-131Reclamation
(g) Res. 80.96 (coming) and B(emo 80-137 "English Bay
{ and Port Graham Propane Fuel System"
( J (h) Res. 80.97 "Awarding a Contract for the East homer
I emeatary School Playground Project to Harley's
j Trucking" b Memo 80-236
(1) Res. 80.98 "Providing for the Nomination of Certain
Lands for —a Conveyance from the State of Alaska to
` the Borough Pursuant to the Municipal 4election Act"
i
(j) Res. 80.99 "Diroeting the Borough Attorney to File
a ourt Challenge to the Assembly Reapportionmont
Plan imposed By the Dopartment of Community and
Regional Affairs and to the Statutes Governing
Reapportionment of the Borough Assembly"
H. INTRODUCTION OF ORDINANCES
(a) Ord. 80=4S•"Appiboriating Funds for Fiscal Year 1980-81
or Employee Salary and Benefit Adjustments Under the
Collective,, -Bargaining Agreement"
(b) Ord. 80-46 "Providing that All Labor -Management
Relations Contract Nogotiations Shall Be Finalized
Prior to the Adoption of the Annual Budget"
(c) Ord. 80-47 "Providing for the Organization and Opera -
on o t e Kenai River Bridge Subdivision Service
Area and Establishing the Powers and Duties of the
Board of Diroctors"
I. FORMAL PRESENTATIONS WITH PRIOR NOTICE (none)
J. COMMITTEE REPORTS
1a Finance (McCloud, Hille, Cooper, Crawford, Corr, Dimmick)
b] Local Affairs (Campbell, Davis, Sikorski, Pickarsky)
e) School Board Meeting (Crawford)
d) Public Works (Arness, Ambarian, Long)
X. MAYOR'S REPORT
(a) Memo 80-138 "Economic Development Council, Appts.
(b) Memo 80-134 "Board Appointments, Kenai River Bridge Subd."
(c) Memo su-isb -Kidgeway Fire Service Area Petition"
L. SCHOOL CONSTRUCTION REPORT
M. OTHER BUSINESS
(a)• Tax Adjustment Requests
• Pending Legislation -
(b) Ord. 80-35 "Reserving Tract D, Nu•Ilope Alaska Townsite
u v a on, for Use as a Community Church Site and
Providing for the Disposition of the Land on a Negotiated
Basis" (for Reconsideration)
(c) Res. 80-88 "Declaring the Assembly's Policy and Directing
e Boards of Directors of the Central Peninsula Hospital
Service Area and the South Peninsula Hospital Service Area
to Prohibit the Use of Public Facilities for Performing
Elective Abortions" (for Reconsideration)
(d) " Res. 80-88 "Awarding the Contract for the [loner Landfill
as nBi ntenance Project to Robinson's Construction" (Reconsideration)
(e) • Res. 80-62 "Awarding a Contract for Phase II, Coastal
Development Program, to Kramer, Chin $ Mayo"
(f) Res80-_28 Regarding Annexation to Comprehensive Plans
N..ASSEMBLY AND MAYOR'S COMMENTS ,
0. PUBLIC COMMENTS
P-.' INFORMATIONAL MATERIALS AND REPORTS
Q. NOTICE OF NEXT MEETING AND ADJOURNMENT (July 15, 1980)
.. A
.Wenai evm,nunit y .. t taty
A PUBLIC LIBRARY IN BERVICE SINCE 1049
BOX 157
KENAI. ALASKA 99611
REPORT FOR THE MONTH OF JUNE, 1980
Circulation Adult Juvenile Easy Hooks
Fiction 1516 729 1452
Non-fiction 1712 348 41T
Total Book Circulation
6174
Films, Phonodiscs, Pamphlets, Periodicals
381
Total Circulation
6555
Additions Adult Juvenile Easy Books
(lifts 63 3 13
Purchases 43 12 40
{ -•
Total Additions 174
Remedial and Re -worked Books Adult Juvenile Easy Books Total
104 12
30 146
Interlibrary Loans Ordered Received
Returned
Books 78 68
42
Phonodiscs/AV 62 49
45
Interlibrary Loans by our Library 60
Volunteers
Number 26
Total Hours 310
Income
Fines and Sale Books $389.20
:..--
Lost or Damaged Books 18.29
_ -.-- -- - ----_--.- -
Xerox 124.00
Miscellaneous 5.50
Total Income for June, 1980 $536.99
F r`
Kenai
North Kenai
Soldotna
Stirling
Clam Gulch
Kasilof
LIBRARY CARDS ISSUED JUDE, 1980
234
34
52
7
1
2
Total cards issued 330
TA __ __ ---"
CITY OP KENAI
CITIZEN PETITION MONTHLY REPORT
DATE
DATE INVEST.
NAME
RECEIVED,
SERVICB"REQUESTED COMPLETED
DEPARTMENTAL REPORT
Irving Crane
5/20/80
Jackson & Garland left a big patch
7/7/80
Street has been repaired
of soft sand in the street on
Bumblebee -People are getting stuck
Irving Crane
5/23/80
Same problem on Bumblebee
7/7/90
Street has been repaired
Irving Crane
S/29/80
Same problem on Bumblebee
7/7/80
Street has been repaired
Louisa Miller
6/2/80
Riverview Drive needs to be graded
7/7/80
Street has been graded
Chuck Crabauth
6/2/80
Pront St. at Redi-Stop needs to be graded
6/6/90
Street has been graded
Christine Reynolds
6/3/80
She wants street lights installed at the
7/9/80
Kalifonsky Beach Road is a
3 entrances to VIP Sub. Says it is very
State maintained road
hard to seen turn-off at night, or when
snow is piled up from the plow
Christine Reynolds
6/3/80
She wants street signs Installed in VIP
6/6/80
Signs are being made now,
and will be put up as soon
as possible
Duane Quelette
6/4/80
Eagle Rock Road needs to be oiled
6/6/80
Street will be oiled as
soon as possible after
airport parking area is
finished
Dusty Rhodes
6/5/80
Birch Street needs to be oiled
6/6/80
Street will be oiled as
soon as possible after
airport parking area Is
finished
Jane Mishou
6/6/80
They are having a terrible problem with
Water sample taken at apts.
the foul smoll of the water-Deepwood Manor
came back satisfactory
Dr. Bailie..
6/9/80
Water.emells very bad at Cook 4 Main St.
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CITY OF KENAI
4
CITIZEN PETITION MONTHLY REPORT
I
DATE
DATE
INVEST.
NAME
RECEIVED
SERVICB REQUESTED COMPLETED
DEPARTMENTAL REPORT
Was Woolley
6/9/80
The Fire Dept. told the managers
6/10/80
Bay Arms was written up for
of Bay Arms Apts. to put up fire
a few deficiencies on March
extinguishers 3.4 months ago and they
24, 1980; the follow-up
have not done this yet. He is concerned
due date is June 15, 1980
as there are senior citizens living there
This will be followed up on
such date
Gary Love
6/17/80
Water is foul smelling at 4th 6 Birch
6/18/80
Public Works Director
}
advised there is no j
sanitary problem withthe
water
Dusty Rhodos
6/18/80
Birch Street needs to be oiled
6/20/80
Street has been oiled
Mary Etta Curtis
6/16/80
South Forest Drive needs to be oiled
7/9/80
Street will be oiled as
soon as possible
Terri Munson
6/19/80
Lupine Street needs to be oiled
7/9/80
Street will be oiled as
soon as possible
Bill Quandt
6/19/80
Wants street sign installed on Cook
7/9/80
Street signs installed j
Inlet View Drive
Mr. Saffell
6/20/80
There is a bad hole in the road at the
7/9/80
Street has been graded and
corner of Primrose and Firewood
hole filled
.:.
Several Calls
6/20/80
4th Avenue between Spruce and Forest is
6/20/80
Street repaired
washing out very badly
l:
Dick Hultberg
6/24/80
Gill Street in Redoubt Subdivision needs
7/7/80
Street has been graded
to be graded very badly
Rev. Ballweber
6/2S/80
Street sign needs to be put up at Spur
7/9/80
Sign installed
Highway and Primrose
i
F___
CITY OF KENAI
CITIZEN PETITION MONTHLY REPORT
DATE
DATE
; DATE INVEST.
CITIZEN
RA.'-'E RECEIVED
SERVICE REQUESTED
COMPLETED
NOTIFIED DEPARTMENTAL REPORT
Marietta Curtis
6/2/80
2 Golden Labs destroying property
6/2/80
Checked out -complainant claims
-
in Redoubt Terrace
Dogs only there early in morniig
and late at night. (Picked pp
fi enhshedw6/ hpd
. .•
" ' trappediti13/80).
.,Jim Williamson
6/4/80
Lost Golden Retteivet
6/4/80
Lost Dog File
Joe Kiser
6/6/80 '
Dog pack running 'loose. on Linwood.
6/6/80
Checked out area - believe ,
same dogs as spotted at Jr. .
High. •.
Phil Haywood
6/6/80
Pack of dogs running loose on football
6/6/80
Checked out area - Dogs gone
field
when I arrived
Laurie Coon
6/6/80
Lost Springer Spaniel'..•.
016/80
Lost Dog File'(Owner'•s located
dog 6/10/80)
Patty French.
•6/9/80
Dogs bothering her daughter
6/9/80
Checked area out - Picked
i
up ode dog running loose
j Becky Sirrilla;
6/10/80
Lost orange and White dog
6/10/80 ,•
..Lost Dog'File. (Owner located
6/11/80). •
'-Don'Ploid
•6/10/80
Lost Lab -Cocker mix on Birch St. .'6%10/80
s
-Lost-Dog File - 'J '
Jeff Hoitberg
6/12/80-
Lost Beagle mix Redoubt Terrace
6/12/90
.. Lost Dog hale. Found dog t�!
D.O.A. Notified owners
6/13/80'
Mrs. iVichmen
6/12/80
Dog at her house bothering her dogs
•6/12/80
Picked up dog ' •:
Mr. McDonald
'6/13/80
Pack of dogs ruining loose on
6/13/80
'Picked up one dog. Others
Highbush and Bumblebee
owners were known,-citgtions
'
are being issued
i,
Frank Loosli
6/13/80
Dog along side'the road appears to
=
have been hit On Haknu way
6/13/80
D.O.A.
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CITY OF KENAI
CITIZEN PETITION MONTHLY REPORT
DATE
'
DATE INVBST,
DATE
CITIZEN
rA�`:E RECEIVED
SERVICE REQUESTED
COMPLETED
NOTIFIED DEPARTMENTAL REPORT
Peggy Bronan
6/16/80
i6iit Shepard -Husky dog
6/16/80
Lost Dog File
Sheila Bierdeman
6/16180
Would like to adopt male kitten-
6/26/80
Will notify hot if I receive,
any kittens
•.
., LaVerne Cook
6/16/96
Dead dog on road at Beaver Loop
6/16/8Q ;'',
Picked up dog
",Kim Lofstedt
6/16/80
Lost Husky in Blue Jay Trailer Court
6/16/•80
Lost Dog File '
Ronald Anderson
6/18/80
Motorcycle dropped off 2.puppies
6/18/80
Picked up doge
In their yard
Blaine Stanley
6/19/80
Barking dog on Birch Street
6/19/80
Contactedowner about complaint
G Jan See
6/19/80
Do barking at'house•on corner of
6/19/80,
Contacted do&'s owner about
i
Third and Birch,
problem
Richard Fortney
;6/20/80
Lost Berman Shepard
6/20/80'.
Lost Dog.Pile
-
Helen Chenault
6/20/80 .
Lost Poodle
6/t0/8fl
;• Lost'Dog File
Steve Meyer
6/23/80
Loose dogs running at Sycamore
6/13/80
-.Patrol area as time permits '
t
Circle - Woodland Avenue
firs; Holden
•6/23/80
4 Dobermans missing,,iost in eccideht
:'6/23/80
Loit"Dog File '(Pound the 3
j
females*only red mare is
still mssing 6/23/80
Last dog located 6/30/80)
(<
k
+ Vicky Hail
6/24/80
Dog bit her'cfi ld - Valhalla Heights
6/24%80.
Picked up dog for quarantine ':•
'.
Olga Juliusson.
•6/26/80
Dogs ruunin loose -and getting into
6/26/80
Patrol area daily as time
t�
garbage on Beaver Loop
permits
Dixie Nugent
6/27/40
Has stray dog at•her house
6/27/80,•
Picked up -dog. •'
!°
Bill Fransir-^p
6/30/80
• Dead dog under•trailer on Kaknu Way.
--0/30/,80 :,
Removed dog from under trailer
'
}
Pauly Bohan
••6/30A
Lost•No" e i n"Elkhound ;N. Kenai Rd►•
---.�/30/8
-'Lost Dog File.
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ANIMAL CONTROL REPORT
MONTH IMPOUNDED DESTROYED D.O.A. ADOPTED CLAIMED
June 93 69 21 2 S
6
G'
jt
�E
Left From May: 8
Carried to July: 4
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