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HomeMy WebLinkAbout1980-09-17 Council PacketKenai City Council Meeting Packet September 17, 1980 K14VAICHY A09NOAULAIIMrITINO a, Pusue i4malmiss, i Ordininie SOW InCrf"M9 &V/Appno, SjwW Tww'". immi-cilli NOWDOPW"N. kWMM - SIMSAW FSIWI$hlng 2' Ord"We *40 4WAlling ftvlAppno, G..,.j F0 "0 lk� , amIV l OM KenW peninful& Boroughfor A"lnlj*U" SUPP&I to KOM AdVWW tfobor COM. 3. Fund 80dol .81"ReVillmmaing PWvA*v, Galwal �j SW4,,g iOr#fWftFaclllIlsj 6d" - WO"InD ftdftl Karr Fund • �IMntN Orders No, t and Ito, 1.,lwa #IVA u l", *t ft & lror"l, OWNSfallill4d r "Ifforftmempurpm E. cc t. A" & 4, Olmkqla W14g • rqMfgw conthmency to pair for In- SWWOIW 'by Dowung4lbe awhv zon" coulot OWN" ftOMIM WIS - AocMM9 •WWM SWS&. rhMniq of strw inwomewift.- �-VWD -.A , t" ftr CHy of to PURM F_ AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 17, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS Q� 'P`P'1. Ordinance 605-80 - Increasing Rev/Appns, Sewer E Treatment Plant Construction - $1,145,265; Establishing New Department - Sewer Interceptor �.�'. Ordinance 608-80 - Increasing Rev/Appns, General Fund Budget - Grant from Kenai Peninsula Borough for Administrative Support to Kenai Advisory Harbor Commission - $51,200 ✓3. Ordinance 609-80 -"Increasing Rev/Appns, General Fund Budget - State Revenue Sharing for Health Facilities - $8,000 I - -��i. Ordinance 610-80 - Increasing Rev/Appns, Airport Terminal Parking Lot - $40,000 Ordinance 611-80 - Increasing Rev/Appns, Federal Revenue Sharing Fund - Change Orders #1 and #2, Shop Addition Project - $6,000 ; C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Ron Miller - Building at 6th & Forest, Grand- i fathered Under Zoning, Cannot Sell for Present ' Purpose D. MINUTES t 1. Changed Minutes, Regular Meeting, August 20, 1980 2. Minutes, Regular Meeting, September 3, 1980 E. CORRESPONDENCE 1. John Wise, Modifying of Slope on Spur Highway F. OLD BUSINESS 1. Airport Lands & Terminal Leases - Sale and Lease Review G. NEW BUSINESS 1IS .J Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 , 4. Ordinance 612-80 - Amending KMC-21, 22.05 and KMC 7.30.020 to Provide for Sale of City Lands s.. C ✓4. Resolution 80-146 - Transfer $500 from Contingency to Non -Departmental Building Improvements - Fort Kenay r,--S. Resolution 80-147 - Transfer $13,000 to Pay for Inspection Services Proposal Submitted by Dowling -Rice & Associates - Youth Center Resolution 80-148 - Accepting Grant - Warm Storage Building - $234,375 Resolution 80-149 - Accepting Grant - Financing of Planning & Engineering Design - Street Improvements - $55,000 ✓$. Resolution 80-150'- Accepting Grant Offer For s City Hall Heat Exchange System - $8,450 (Two Grants - $4,225 ea) ✓9. Resolution 80-151 - Transfer of Funds - Health to Communications, for Mailing of Senior Citizen Newsletter - $400 10. Consent to Sub -Lease - Crabaugh & Time Saver 11. Amendment to Lease - Konstantinor Macheras, Assigned to Charles & Roberta Crabaugh ✓ 12. Peninsula Engineering Fidalgo Design Project - $5,581.99, Construction and $1,149.78, Design ✓13. Brown & Associates, J/V - Sewage Treatment Plant Expansion - $192,278.25 I 14. Approval of Election Chairmen/Judges for October 7, 1980 Election a. Salary of Chairmen/Judges s• o b - �y;� �. s• `�`a"t` ^^ �^^ 15. Discussion with Harbor.Commission Representatives a. Extension of Gary Davis' Contract and Increase of Pay for Gary Davis 16. Proposal - Settlement of McNamara Bond 17. Planning & Zoning - Over -Ride of Borough Vacation Action 18. Youth Center - Change Order 19. Old Cabin at Municipal Park 20. Ball Field Complexes j H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 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 0 numnowwwwwan noun Igo uncommon an monoAR ��/�I COUNCIL MEETING OF - -7- �c�c���v���►���rr� o�iii �r��m�r�►��or�e�moo�r��n III �IO�'I17L7�I�IL7k7i7VIPIt�I4.1�7�I ■■ ..j r t i i F i j 1 n 0 CITY OF KENAI ORDINANCE N0. 612-80 AN ORDINANCE OF THE COUNCIL -OP THE CITY OF KENAI, ALASKA, AMENDING KMC 21, KMC 22.05, AND KMC 7.30 TO PROVIDE FOR THE SALE OF CITY LANDS, TO ALLOW NEGOTIATED SALES AT APPRAISED MARKET VALUE, PROVIDING FOR TERMS AND CONDITIONS OF SAID SALES, PROVIDING FOR CITY FINANCING OF SAID SALES BY ACCEPTING NOTES SECURED BY DEEDS OF TRUST FOR A PORTION OF THE SALES PRICES THEREOF, AND PROVIDING FOR INVESTMENTS OF THE PRINCIPAL PROCEEDS PROM THE SALE OF AIRPORT LANDS. WHEREAS, the City has airport lands not devoted to airport uses which may be sold and other lands which may be sold in addition to lands received from tax foreclosures, and WHEREAS, it is desirable to sell these lands so they can be put to private use, so that the tax roles of the City will be expanded, so that the City will obtain funds to advance City projects, and also so that funds from the sale of airport lands can be devoted to investments to secure income for airport development and operations, and WHEREAS, it is desirable to provide by ordinance for a program of land sales so that such sales can be promoted and the above purposes accomplished, and WHEREAS, in order to facilitate such sales and advance the program, it is felt desirable that terms be provided for the sales of such lands so that the City will carry notes secured by Deed of Trust for a portion of the purchase price thereof, and WHEREAS, the City Council desires to set policies to initiate a program to encourage the sales of all City lands not set aside for a public purpose, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OP THE CITY OF KENAI, ALASKA, as follows: Section is KMC 22.05.060 2 is hereby repealed and re-enacted to read as follows: "2. if the Council determines that the property is not needed for immediateVpublic.use, then such property shall be listed for sale and sold in accordance with the procedures set out in RMC 22.05.030, 040, and 045." se_ cation 2s That RMC 22.05.010 is hereby amended as follows: "22.05.010 Power to D;sRose of Real Property: The City may sell, convey, exchange, transfer, donate, dedicate, direct or assign to use, or otherwise dispose of City owned real property, including property acquired, held for or devoted to a public use, only in accordance with this chapter. Disposal or sale of lands shall be made only when, in the judgment of the City Council, such lands are lgk (NO LONGER] required for municipal purposes." Section 3s That RMC 22.05.030 is hereby repealed and re-enacted to read as follows: 022,05.030 $Alas (a) All lands to which the City of Kenai holds title which are not restricted from sale by the Deed of Conveyance to the City, or which have been released from such restrictions, which the City Council has determined are not required for municipal or other public purposes, shall be listed for sale by the City Manager. "(b) Such sale may be made at not less than the value set 10 by an independent appraiser within six months prior to the date of filing of application for sale or the date of the offer or advertisement for sale (whichever first occurs), either, at the option of the city Managers 01. By negotiated sale, or "2, By outcry auction to the highest responsible bidder, or "3, By competitive sealed bids to the highest responsible bidder." Secr tion 4: That RMC 22,05.040 is repealed and re-enacted to read as follows: "22.05.040 Sale procedures (a) If the land to be sold has not been appraised by a qualified appraiser within six months of application for sale or the date of the offer or advertisement of land for sale (whichever first occurs), then the City Manager will obtain such an appraisal for a 2 j �— determination of the minimum price on said land. "(b) Where any party, hereinafter called "Applicant," requests that a tract or tracts of land be sold for which an appraisal will be required, which will require subdividing, platting, or surveying and staking, or which will require advertising or incurring any other expenditures by the City prior to sale, "(1) No actions in preparation for sale will be taken by the City until aAarnest money agreement shall be properly executed and filed with the City Manager for the purchase of such land with payment of sufficient earnest money, as may be determined by the City Manager, to cover all expenses of the city if the applicant subsequently fails to bid or buy the land and the land is not sold, and such earnest money agreement shall further contain the agreement by applicant to pay any additional costs if said earnest money is insufficient to pay all costs incurred by the City. "(2) If at any time during the process of preparing for sale, the applicant gives notice to the City Manager of withdrawal of the request for sale, the City Manager shall stop all procedures, shall pay expenses incurred prior to termination of sale procedures, and shall reimburse applicant for any earnest money advanced in excess of all expenses incurred. (However, if another party desires the sale to proceed, files an application for sale, executes and files an earnest money agreement, and advances sufficient funds therefor, then the prior applicant will be reimbursed for expenses charged which can be attributed to the subsequent applicant.) "(3) If all actions necessary for preparation for sale have been accomplished, and if neither the applicant nor any other party purchases said land when first offered for sale after such request, then all expenses incurred in preparation for the sale will be paid from the earnest money, and the balance, if any, shall be returned to the applicant. If the sums advanced as earnest money are Insufficient to pay all of the costs, the applicant will be billed for the balance due and normal collection procedures followed. "(4) if the land applied for is sold on public sale set in response to such request to anyone other than 3 /V / -o- ti T> 104"i applicant, then on closing of said sale the earnest money will be refunded in total to the applicant. "(5) If the land in question is sold to applicant, the earnest money advanced will be applied on the payment due at closing, "(c) If the City Manager knows of no competitive interest in the purchase of the tract of land proposed to be sold, he may negotiate the sale of said land gW y after a one time publication in a newspaper of general circulation within the City of a notice that it is his intent to sell said tract (giving the legal description thereof) by negotiated sale unless he receives notice of interest to purchase said tract from other parties within seven days after the date of publication of said notice. "(d) if it appears to the City Manager that more than one party might be interested in the purchase of the tract proposed to be sold, or if after publishing notice of negotiated sale, the City Manager receives notice from other parties of interest therein, then the City Manager shall put the tract or tracts of land up for sale, at his option, either by outcry auction or by competitive sealed bids* if the tract or tracts are to be put up for such competitive auction or sealed bid sale, notice of sale and the manner in which the land is to be sold shall be published in a newspaper of general circulation within the City once each week for two successive weeks not less than 30 days prior to the date of sales such notice shall also be posted in at least 3 public places within the City or at least 30 days prior to the date of sale, and such other notice may be given by such other means as may be considered advisable by the City Manager. Said notice must contains "(1) the legal description of the land, "(2) a brief physical description of the land, 0(3) the area and general location of the land, "(4) the minimum acceptable offer for the land (which -_- shall be its app ailed value) 0. 14-. o�s.f.,J - .,..�� pro_.• U d1� �% I'M the teYms under whi Zthe land will be sold, �)1 "(6) any limitations on the sale of said land, "(7) the time and place set for the auction or bid opening, "(8) any other matters concerning the sale of which the City Manager believes the public should be informed. "(e) If no offers are submitted meeting the minimum acceptable offer (or appraised valuation), the City Manager may negotiate for sale of said tract or tracts of land with a modification of proposed terms or for less than the appraised valuation provided that no such negotiated sale for less than appraised value shall be binding upon the city unless the terms and price therein are approved by resolution of the City Council. "(f) If a real estate agent furnishes a buyer for a negotiated sale, or an applicant which begins procedures for a public sale, whether alternate sale is to the applicant or another higher bidder, then on closing of the transaction the closing agent shall be authorized to pay to said real estate agent a commission of 8%. "(g) Closing of sale of City lands shall be handled by a title or escrow company within the City which specializes in closing of real estate sales. "(h) Conveyance of City lands shall be by quit claim deed furnished by the City, and buyers are advised that all such conveyances are subject to all liens, encumbrances, restrictions, and covenants of record and are specifically, without being limited thereto, subject to any unreleased restrictions contained in the deed or deeds by which the City receive title to the land. If a buyer desires to obtain a preliminary commitment for title insurance or title insurance to the land, then it if shall be the responsibility of the buyer to obtain such commitment or insurance and to pay for the same. "(j) Except furnishing of the quit claim deed to the tract or tracts of land sold, all closing costs shall be borne by buyer. " M If the tract or tracts of land are sold under terms by 5 A. AU i�v W which the City is to accept a note as a portion of the purchase price, the note and accompanying deed of trust must be prepared by an attorney at the expense of the buyer, but must be approved by the City Attorney prior to closing. "(1) Said note shall be placed for collection with a bank selected by the City Manager, which may be changed from time to time, and which shall be the bank in which City funds are deposited, and the buyer shall pay the set up fee and annual collection fees for such bank collection." Section 5s That the Kenai Municipal Code is hereby amended by adding a new section to be numbered INC 22.05.045 which shall read as follows: "22.05.045 Terms For Pinancing Sale of City Landat (a) In order to expedite and facilitate the sale of City lands, the City Manager is hereby authorized to accept terms for such sales and may accept a note secured by a deed of trust for a portion of the purchase price thereof. In this event the down payment required shall be determined by the City Manager, but shall not be less than the greater of 10% of the sales price or 15% of the sales price if a real estate commission is applicable. �. "(b) If the City Manager determines that it is in the City's interest to accept a note for partial payment for sale of lands, such note shall be secured by a deed of trust to the lands purchased, and shall carry terms as follows: "(1) The term of such note may be set by the City Manager, but it shall not exceed 20 years unless a longer period for a specific sale of land is approved by resolution of the City Council. "(2) Such note shall bear interest at a rate to be determined by the City Manager, but the interest rate shall not be under 10% per annum unless a lesser rate is approved �i by resolution of the City Council." - - Section 6s That INC 7.30.030 is hereby amended as follows: - -- i 117.30.030 Airport Land Revenue Fund Accounts „(a) That I` there be and is hereby created a special account of the City to be known as the Airport Land Revenue Fund Account (hereinafter before defined as the "Land Fund Account." ".M The City hereby covenants and agrees that all Income and revenues arising from the rental, lease, or interest on notes from sale of the lands in the Airport Land System shall be deposited to the credit of said account and held in the custody of'the Treasurer of the City separate and apart from all other funds, Such Land Fund Account shall be maintained [FOR AS LONG AS ANY OF THE BONDS AND ANY PARITY BONDS ARE OUTSTANDING] in a bank which is a member of the Federal Deposit Insurance Corporation for as lone a anv �C LL— w_� �_ _ __ • _ _ _ WWI MI; 1 ! 1 _ _ • } • • c • • _ "f l There Is hereby aQt uA -within the Land F+*- Account zestricted fund balance account to he known as the- "Airoort Investment Rese eft MAE mwy& xians ax maintenance gyxg n�YMsesss. 7 lrs Jul.(. M � ' r "f41 If any interest remains from investments by the Airport Investment Reserve after transfers to the Airport Terminal Enterprise Erma by the_Council. theCouncil may, by resolutions, in its discretion, dedicate such monies to the Airport investment Reserves and after such dedication these monies will become a part of the Airport__Investment Reserve to be used only for the investment purgoses for which that � Reserve is set up., i PASSED BY THE COUNCIL OP THE CITY OP RENAI, ALASKA, this lot day of October. 1980, VINCENT O'REILLY, MAYOR i ATTESTS Janet Whelan, City Clerk Pirst Readings September 17, 1980 Second Readings October 1, 1980 Effective Date: November 1, 1980 8 i . LL 1 F . T- _ - .- __ CITY OF KENAI ORDINANCE N0, 605-80 AN ORDIVANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE CAPITAL i PROJECT FUND ENTITLED "SEWER TREATMENT PLANT CONSTRUCTION" BY $1,145,265, AND ESTABLISHING A P]EW DEPARTMENT ENTITLED "SEVIER INTERCEPTOR." i; WHEREAS, the State of Alaska has awarded a grant in the amount of $1430,158 to the City of Kenai for sewer interceptor construction and supporting engineering and inspection services, and t WHEREAS, the U. S. Environmental Protection Agency has awarded a grant in the amount of $858#949 to the City for the same purposes, and WHEREAS, the City of Kenai has matching monies available in the Water and Sewer Special Revenue Fund in the amount of $143,158, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. I NOVT, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KEPIAI, ALASKA, that estimated revenues and appropriations in the capital project fund entitled "Sewer Treatment Plant Construction" be increased as follows: Water & Sewer SRecial Revenue Fund Increase Estimated Revenues: Appropriation from Reserve for Future Plant Expansion $ 24,085 Appropriation of Fund Balance 119,073 S143i1� Increase Appropriations: Sewer -Transfer to Capital Projects Sle�3.15g I Sewer Tres meant Plant Construction Capital ,project Fund Increase Estimated Revenues: Transfer from I -later & Sewer $143,158 State Grant 143,158 Federal Grant 858,949 SI-145,26% Increase Appropriations: •7onstruction $1,037,150 i miscellaneous 4,000 Contingency 104,115 S1,145.265 i' f -- PASSED BY THE COUNCIL OF THE CITY OF KEITAI, of September, 1900. VINCENT 011 ATTEST: Janet Whelan, City Clerk First Reading: Second P.eading Effective Date Approved by Finance: �� 2 J i 1 CITY OF KENAI '-` ORDINANCE NO. 608-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 GENERAL FUND BUDGET BY $51,200 IN RECOGNITION OF A GRANT FROM THE KENAI PENINSULA BOROUGH FOR ADMINISTRATIVE SUPPORT TO CITY OF KENAI FOR PORTS AND HARBORS. WHEREAS, the State of Alaska, Department of Community and Regional Affairs has offered a grant in the amount of $51,200 to the Kenai Peninsula Borough which is expected, in turn, to be offered by the Borough to the City of Kenai to provide administrative support to the Kenai Advisory Harbor Commission, and WHEREAS, the required local match amounts to $12,800, which has previously been appropriated and only requires a transfer of monies within the Harbor Commission operating budget, and WHEREAS, because the Borough is not expected to adopt its appropriating ordinance until after the effective date of this ordinance, this $51,200 appropriation shall be contingent upon the offer by the Borough and acceptance by the City of the grant, 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, subject to the offer and acceptance of the grant from the Kenai Peninsula Borough to the City, the following increases in estimated revenues and appropriations in the 1980-81 General Fund Budget be made: Increase Estimated Revenues: State Grant $51.200 Increase Appropriations: Harbor Commission -Professional Services $51,200 Be it further ordained that the following transfer of monies be made: From: Harbor Commission -Office Supplies Harbor Commission -Communications Harbor Commission -Transportation Harbor Commission -Printing & Binding Harbor Commission -Machinery b Equipment To: Harbor Commission -Professional Services ($ 500) ($ 3,000) ($ 8,000) ( 400) (S 900) (812,9001 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1980. VINCENT O'REILLY, !MAYOR ATTESTS Janet Whelan, City Clerk First Reading: September 3, 1980 Second Reading: September 17, 1980 Effective Dates September 17, 1980 Approved by Finance: rci.,l :1 CITY OF KENAI ORDINANCE NO. 609-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 R GENERAL FUND BUDGET BY $8,000 IN RECOGNITION OF EXPECTED STATE REVENUE SHARING ENTITLEMENTS FOR HEALTH FACILITIES. .WHEREAS. gualified'health facilities located in the City of Kenai are eligible to receive $9,000 each under State Revenue Sharing regulations, and WHEREAS, the Central Peninsula Mental Health Center and the Cook Inlet Council on Alcoholism appear to be eligible health faciliti-es and have asked the City to apply for these funds on their behalf, and WHEREAS, the State of Alaska requires that, for those municipalities who did not receive funds for this category in the previous fiscal year, the municipality must budget for health facilities prior to the application date, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. i NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations in the 1980-81 General Fund Budget be increased as follows: Estimated Revenuess i State Revenue Sharing $8,000 Appropriations: Non -Departmental -Miscellaneous $8,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1980, VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: September 3, 1980 Second Reading: September 17, 1980 Effective Date: September 17, 1980 Approved by Finance: << s i i CITY OF KENAI ORDINANCE NO. 610-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1980-81 AIRPORT TERMINAL ENTERPRISE FUND BUDGET BY $40,000 TO MAKE IMPROVEMENTS TO THE TERMINAL PARKING LOT. WHEREAS, the Public Works Committee has recommended that certain improvements be made to the Kenai Airport Terminal parking lot, Including fencing, gravel, signing, electrical, lane barriers, parking lot expansion, and other improvements, and WHEREAS. monies are available in retained earnings in the Terminal Fund, 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 in the airport Terminal Enterprise Fund: Estimated Revenues: Appropriation from Retained Earnings $40,000 Appropriations: Improvements Other Than Buildings $40,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day 4 of September. 1980. l VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: September 3, 1980 Second Reading: September 17, 1980 Effective Date: September 17, 1980 Approved by Finance: Cci, a CITY OF KENAI ORDINANCE NO. 611-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN] THE FEDERAL REVENUE SHARING FUND BY $6,000 FOR CHANGE -ORDERS 01 AND #2 IN THE SHOP ADDITION PROJECT. WHEREAS, monies were appropriated in the 2979-80 fiscal year for -the addition to the shop building, and WHEREAS. a portion of these monies, $58,000, were appropriated in the Federal Revenue Sharing Fund, but approximately $13,000 lapsed at June 30, 1980. for lack of being encumbered, and WHEREAS. the 'Public Works Department has asked that $6,000 be re - appropriated to pay for change -orders #1 and #2 dealing with additional insulation, new electrical feeder, additional electrical receptacles, and a waste oil drain system, 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: Federal Revenue Sharing Sgecia-1 Revenue Fund Increase Estimated Revenuess Federal Revenue Sharing $6,000 Increase Appropriations: Transfer to Capital Projects $6,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: September 3, 1980 Second Reading: September 17, 1980 Effective Date: September 17, 1980 Approved by Finance: e4 Z f KENAI CITY COUNCIL AUGUST 20, 1980 C� Page 9 The Administration could take action. Councilman Malston said he has felt since he came to Council, we have never known where we stood as far as leases were concerned. Mr. Brighton said within thirty days the Council should have complete information, Administration is working on it now. Atty. Delahay offered that if the Council wants a report, Finance Director Brown could give them a current report when they wanted it. Councilman Malston said he didn't want a written report, just re -assurance that Administration is on top of it. Councilman Mueller asked isn't this one of the problems alluded to in the proposal for City Lands Manager? Mr. Brighton replied yes, we have two alternatives: 1. A Land Management Person 2. A contract with a person or firm Mr. Brighton further stated after looking at Section 36 and our Comprehensive Plan, we are fantasizing. There will not be that kind of growth. Councilman Mueller sjLid it a multi -million dollar portfolio of e449 W that will require great effort. He would CD land. to have a map with a proposal to review the land. Motion passed unanimously by roll call vote. At this time, Councilman Ambarian left. G-10,11,12 Lease, Airport Lands - Glacier State Telephone Lease, Airport Lands - Tesoro Alaska Petroleum Corp.. Lease, Airport Lands - Hertz Rent-A-Car MOTION: Councilman Malston moved, seconded by Councilman Measles, to lump the three leases together. Motion passed by unanimous consent. Leases were approved by unanimous consent. G-13 Ratification of Telephone Poll - Transfer of Funds for Solicitation of Minority Business Enterprises. A i 1 i KENAI CITY COUNCIL ! AUGUST 20, 1980 Page 17 Council approved the request. H-5 Finance Director Finance Director Brown spoke. 1. Request for letters of interest from Harbor Commission regarding Administrative Coordinator on a contract basis. The position will be retained approximately Oct. 1. Vice -Mayor Glick said since Mr. Brown had brought up the Harbor Commission, she will continue. Harbor Commission recommends the Council accept this re- quest for letters of interest, they would like to advertise Aug. 21. Most of the items were covered in the draft. At the Harbor Commission meeting they had the draft of Community & Regional Affairs and Borough contract. CEIP grant moneys contract was basically the same. , Vice -Mayor Glick continued. The second part is the scope of services. Community & Regional Affairs C and the Borough will subcontract with the City, not the Harbor Commission. The third item, Vice -Mayor Glick continued, is the budgets a. Personnel services - one administrative coordinator and 1/2 secretary. b. Travel - part time use of vehicle c. Contractural & commodities i for a total of $72,000. Mr. Brown added t1se efty . City Manager Brighton said we i will lose about two months of the 12. We will receive a revised copy. The major change is in personnel services, the relationships were changed to contract. Vice -Mayor Glick said when i it is signed, they will receive the money, it will be appropriated by the Assembly. Administration will be working on an ordinance to present to ' Council. MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the request for letters of interest to go to advertising. Motion was approved by unanimous consent. • r KENAI CITY COUNCIL AUGUST 20, 1980 Page C� 19 Finance Director Brown said he had nothing further to report. H-6 Planning & Zoning Vice -Mayor Glick spoke. 1. There were some re -zoning and conditional use permits approved. 2. Rainier has relinquished their request for utilization. 3. Lease application for Ackerly & O'Connell. They took no action, they are only using 1001. 4. The Corps. of Engineers permit application to Union Oil was accepted. Per Councilman Malston's request, the position of the Planning & Zoning Commission regarding the airport parking was reviewed. H-7 Kenai Borough Assembly. None H-8 Harbor Commission Vice -Mayor Glick stated she had previously reviewed • this, during the Finance Director's report. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Keith Kornelis spoke. a. Willow Street. The State will not pave till Miller Loop is done. They are in a tight budget, any things we want done we will have to do. He may have to come back to Council for requests: He is having problems with the lighting projects. The State has hit a water line and a iK wer s-- line. Administration has submitted bills for the work involved. b. He would like to have them pave the airport parking project at the same time, if the State will do as a change order. City Manager Brighton asked where was the approximate cost of $50,000 coming from. Finance Director Brown replied, the Air- port terminal has the funds. Council agreed to have Mr. Kornelis go ahead with the action. L - I l I C C KENAI CITY COUNCIL AUGUST 20, 1980 Page 20 Councilman Malston asked if that was the short term parking only. Mr. Kornelis replied yes. c. Airport Way is complete. d. The shop addition and lube rack. It is going well, there will be a change in the door, but it is on schedule. e. Sewer treatment plant. They are removing the walls on the clarifier, it is almost on schedule. f. Sewer treatment plant interceptor, the line is a problem.Wt-gwy do not have a "v%-J- 9ate..yet. We amended the facilities plant, that has been a delay. it should be done by Sept. 2. The low bidder did not include a minority enterprise in the bid, he still has not. The easement papers have not been done yet. Atty. Delahay noted the easement papers should have been done six months before they started. g. Airport electric improvements. 51% of * th& problem is all settled. The minority hire was not required, but itv444Abg included in the total percent. h. Warm storage building. We had to�clude minoritVire. FAA did not accep he project 'They said we could go o%,to bid, but now we„c$ notlecause to super- visor at FAA abdaged mod+ We have already gone out to bid, we hope to keep moving on it N���s -Ati+- he) L. The ceramic studio is done. J. The City Hall is coming along. k. The animal shelter is done. 1. TheAguard rail is 44aev ���• m. Fidalgo Subdivision. We hope to start Monday (8-25-80) n. Frontage Rd. The bid opening is Aug. 29. C-Q Air2 V"ML.►�' �A.- ggr�vti. t. h♦ff.�!-p/' ,-�' tic, Qw.n rs��.;�QdZ fro r W ! . AGENDA KENAI CITY COUNCIL - REGULAR MEETING SEPTEMBER 3, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 604-80 - Increasing Rev/Appns, Capital Improvement Special Revenue Fund - Pay Taxes on Foreclosed Properties - $437 2. Ordinance 605-80 - Increasing Rev/Appns, Sewer Treatment Plant Construction - $1,145,265; Establish New Dept. "Sewer Interceptor" 3. Ordinance 606-80 - Increasing Rev/Appns, State Jail Contract - Returning Unused Funds to State - $5,000 4. Ordinance 607-80 - Increasing Rev/Appns., Gen- eral Fund Budget - State Grant to Purchase Video Equip., Fire Dept. - $1,500 5. Transfer of Ownership & Name Change - Carr's Quality Center to Casino Liquor Store C. PERSONS PRESENT SCHEDULED TO BE HEARD D. MINUTES 1. Corrected Minutes, Regular Meeting, August 6, 1980 2. Minutes, Regular Meeting - August 20, 1980 E. CORRESPONDENCE F. OLD BUSINESS 1. Consent to Sub-Lease/Assignment of Lease - Browning & Henry to Ed Ambarian 2. Airport Lands & Terminal Leases - Sale and Lease Review G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 608-80 - Increasing Rev/Appns, General Fund Budget - Grant from Kenai Pen- insula Borough for Administrative Support to Kenai Advisory Harbor Commission - $51,200 l 4. Ordinance 609-80 - Increasing Rev/Appns, Gen- eral Fund Budget - State Revenue Sharing for Health Facilities - $8,000 5. Ordinance 610-80 - Increasing Rev/Appns, Air- port Terminal Parking Lot - $40,000 6. Ordinance 611-80 - Increasing Rev/Appns, Fed- eral Revenue Sharing Fund - Change Orders #1 & #2, Shop Addition Project - $6,000 7. Resolution 80-126 - Adopting a Minority Ent- erprise Policy 8. Resolution 80-136 - Transfer of Funds, Gen- eral Fund - City Manager to Attend Grantsman- ship Training Program - $365 9. Resolution 80-137 - Transfer of Funds, Gen- eral Fund - Moving Expenses, Assistant Engineer - $1,400 10. Resolution 80-138 - Transfer of Funds, Gen- eral Fund - Audit - $1,700 11. Resolution 80-139 - Placing on Next Election Ballot - Whether Citizens of Kenai Support Cultural Facility if Costs are Financed by State of Alaska 12. Resolution 80-140 - Award of Bid, 3/4 Ton Van, to The Car Co. - $11,741.83 13. Resolution 80-141 - Accepting Grant, State of Alaska - Sewer Interceptor Line - $143,158 14. Resolution 80-142 - Estimating Priorities for Local Service Roads & Trails 15. Resolution 80-143 - Awarding Contract, Cons- truction of South Frontage Road of Spur Hwy. 16. Resolution 80-144 - Awarding Contract, Kenai Youth Center 17. Resolution 80-145 - Awarding Contract, Warm Storage Building 18. Consent to Sublease - James Carter Sr. to Ed Ambarian 19. Special Use Permit Extension - Wien Air Alaska 20. CH2M Hill - Sewage Project Construction - $17,400 21. Alaska Boiler & Heat Exchange - Lube Facility & Addition to Shop Building - $3,100 (Change Order No. 1) 22. Alaska Boiler & Heat Exchange - Lube Facility & Addition to Shop Building - $1,255 (Change Order No. 2) 23. Wince, Corthell, Bryson & Freas - Frontage Road - $7,626 24. Pay Estimate No. 1 - Fidalgo Subdivision to Quality Asphalt Paving, Inc. 25. Change Order No. 1 - Athletic Fencing to Saltz General Contractors - $1,975 26. Inspection Services - Kenai Youth Center 27. Letter From City Engineer - How to Handle Final Plats 28. FAA Grant Offer - Acceptance 1980 Elec. Improvements - $737,339 29. FAA - Allocation of $234,375 - Warm Storage Building ki f� t H. REPORTS V , 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Kenai Borough Assembly S. Harbor Commission •I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 1r . C KENAI CITY COUNCIL - REGULAR MEETING, MINUTES SEPT. 3, 1980 - 7:00.PM KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Betty Glick, Jess Hall, Ron Malston, Ray Measles, Dick Mueller, Vincent O'Reilly, Ed Ambarian Absent: None AGENDA APPROVAL Mayor O'Reilly asked the bill from OMNI North be added as item G-30. Mayor O'Reilly asked that item G-26, Inspection Services, Kenai Youth Center and item G-16, Res- olution 80-144, Awarding Contract, Kenai Youth Center be combined and discussed as item G-a, at the beginning of G-NEW BUSINESS. Council approved the changes as submitted. B. PUBLIC HEARINGS B-1 Ordinance 604-80 - Increasing Rev/Appns, Capital Improvement Special Revenue Fund - Pay Taxes on Foreclosed Properties - $437 MOTION: Councilman Malston moved, seconded by Councilwoman Glick to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-2 Ordinance 605-80 - Increasing Rev/Appns, Sewer Treatment Plant Construction - $1,145,265; Estab- lish New Dept. "Sewer Interceptor" Public Works Director Kornelis requested the Council table this till the next meeting. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to postpone the ordinance pending approval by EPA. Councilman Mueller asked if this was a new depart- ment or a new accounting department. Finance Director n 6W i KENAI CITY COUNCIL SEPT. 3, 1980 Cn Page 2 Brown replied it is a new accounting dept. Motion passed unanimously by roll call vote. B-3 Ordinance 606-80 - Increasing Rev/Appns, State Jail Contract - Returning Unused Funds to State - $5,000 MOTIONS Councilman Malston moved, seconded by Councilman Mueller, to approve the ordinance. There was no public comment. Motion passed unanimously by roll call vote. B-4 Ordinance 607-80 - Increasing Rev/Appns., General Fund Budget - State Grant to Purchase Video Equip., Fire Dept. - $1,500 MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the ordinance. �._ There was no public comment. Motion passed unanimously by roll call vote. B-5 Transfer of Ownership & Name Change - Carr's Quality Center to Casino Liquor Store Councilman Ambarian noted the location address is listed wrong. it is located in back of the old post office, not the post office. Clerk Whelan was directed to notify them of the error. MOTION: Councilman Malston moved, seconded by Councilman Measles, to send a letter of non -objection to the ABC regarding the transfer. Motion passed unanimously by roll call vote. D. MINUTES D-1 Corrected Minutes, Regular Meeting - August 6, 1980 ' Minutes were approved as corrected. ~ D-2 Minutes, Regular Meeting - August 20, 1980 71 KENAI CITY COUNCIL SEPT. 3, 1980 C Page 3 Clerk Whelan noted Public Works Director Kornelis and Finance Director Brown had requested changes in the minutes on pages 17, 19 & 20. Councilman Mueller requested a change on page 9. Due to the great extent of changes involved in the minutes, Clerk Whelan suggested the changed minutes be brought to the next meeting for approval. Council agreed to the action. F. OLD BUSINESS F-1 Consent to Sub-Lease/Assignment of Lease -Browning & Henry to Ed Ambarian MOTIONS Councilwoman Glick moved, seconded by Councilman Malston, to approve the consent to sub lease. Councilwoman Glick noted this item came to Planning & Zoning and was approved. Motion passed unanimously by roll call vote, with Councilman Ambarian abstaining. F-2 Airport Lands & Terminal Leases - Sale and Lease Review City Manager Brighton explained the leases, memos, maps and list of delinquent payments in the packet. The total figure is $122,000. The additional in- formation given to the Council this evening (9-3) also relates to the leases. He noted the map on the display board. It showed the areas leased, leased or'sold, sold, and withdrawn. Councilman 19alston asked if the amounts delinquent as of July 31, 1980, are these for a year or a portion of a year? Finance Director Brown replied this is a working paper, those marked "M" are delinquent by monthly, those marked "A" are delinquent on an annual basis. Councilman Malston asked what actions are we taking to correct these delinquents? Mr. Brown replied we bill every month. Most people pay up. The large amounts, Council is al- ready aware of. Councilman Hall asked is this about average, or are delinquencies increasing? Mr. F 1R N KENAI CITY COUNCIL SEPT. 3, 1980 Page 4 Brown said July is the worst month, we are billing the annuals. Councilman Malston asked are there any more than a year delinquent? Mr. Brown replied yes. Councilman Malston suggested the Council have a work session, especially on the status of lands and what we can do with parcels and putting them up for sale. He noted we should get out of the land business. After some discussion a work session was planned for Thursday, Sept. 4, 1980 at 7:00 to 8:30 PM at the Public Safety Building. G-a Inspection Services - Kenai Youth Center Resolution 80-144 - Awarding Contract, Kenai Youth Center Dick Morgan, Recreation Commission Chairman, spoke. They have had 4 bids, and only one is within the available amounts of money. Using the basic bid, ($525,000 was available for building, with the engineering study taken from that) of $404,000, that leaves approximately $80,000. They have some left for additive alternate, and they are re- questing the basic bid plus additive alternate No. 3. Councilman Ambarian said he thought the whole thing was based on racketball courts from Juneau. Mr. Morgan replied he thinks we still can. Councilman Ambarian asked if they had to have the racketball courts in the resolution? Mr. Morgan replied he thinks we can do it with a change order. Mayor O'Reilly asked Mr. Morgan, if the Council approves the resolution with additive alternate No. 3, the recreation commission will come back with requests for additive alternate No. 1 and No. 2? Mr. Morgan replied yes. Mayor O'Reilly asked if there were any changes in the basic con- struction? Mr. Morgan replied, yes, we can nego- tiate with the low bidder later for the racketball, etc. Recreation Director McGillivray said the racketball courts come in kits. He felt we had room to negotiate, there is a great difference in the amount of the bids. Councilman Mueller said in the Comprehensive Plan attitude survey, the public felt they did not want ugly buildings in the down town area. Are there any plans? Ron Rice, of Dowling -Rice & Assoc. spoke. He showed the site plans. He explained it will be near the Elk's Club. They are figuring approx- imately $47 per sq. ft. He noted this is not the final plan. Mr. Morgan added they may come back with a change order for the exterior. Councilman 1 KENAI CITY COUNCIL SEPT. 3, 1980 Page 5 i Mueller said he would like to spend a little more money and have an exterior look better. He did not want it to look like a prison. Mr. Rice explained this is just a basic plan, they will hope to make more plans. Mr. Morgan explained they did the best they could with the money available. Councilwoman Glick said she had 2 items: 1. She hopes they can get as much done as quickly as possible without change orders. 2. If this is awarded this evening, what is our time frame? Mr. Rice replied they have a 160 day time period, which will be approximately the middle of January. Councilwoman Glick asked, does this include furnish- ings? If so, how much? Mr. Rice replied it does not include movable furnishings. Councilwoman - Glick asked Mr. Morgan, this appears larger than anticipated. Do you consider the income will off- set the expenses? Mr. Morgan replied yes, the handball courts will offset the costs. Council- woman Glick suggested maybe a smaller building r- 1 would mean less cost. Mr. Morgan replied they kept as small as they could and still keep the . original needs. Councilman Mueller asked is the only revenue handball? Mr. Morgan replied at this j time, yes. Mr. Rice said regarding the change orders, they will not be major, just small ones. Councilman Ambarian asked how much information were they given with the plans? Mr. Rice replied the drawings will come in two weeks before construction. Councilman Ambarian asked, do they have specs? Mr. Rice replied, yes, within 15 days of awarding, they will have the recreations plans. Councilman Am- barian asked how about the heating system? Mr. Rice replied it will be forced air, a roof unit. It has an alternate that is an energy saver,but it is more expensive. But it will save money in the long run. „ < Councilman Ambarian asked how about the roof? Mr. Rice replied it is wood truss, Mansard trim. Council- man Ambarian asked, how about the insulation? Mr. Rcethe wals are Ri19,rtheiroofhisfRu38. Councilman�Ambarianlasked, regarding the open ramp outside, have they done anything about the ice build-up problem? Mr. Morgan replied they are working on that. It is covered 3 � 1 L l T—� a I 4 I • KENAI CITY COUNCIL SEPT. 3, 1980 Page 6 by an extended roof. Councilman Ambarian noted only 1/2 of it, on the walkway. Mr. Morgan replied they are hoping to change that. Councilman Ambar- ian asked how about the site development? Mr. Rice i said water & sewer, electricity and telephone in- cluded, parking on the site, grading on the site, but no planting. Councilman Ambarian asked is the c electricity exposed or in the walls? Mr. Rice re- plied inside the walls. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the resolution, and to note the Rec. Dept. plans to handle additive alternate No. 1 as a change order at a later date. There was no public comment. Motion passed unanimously by roll call vote. MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to accept the bid from Dowling -Rice & Assoc. -t1 Councilwoman Glick asked if the Recreation Commission q has reviewed and concurs with the proposal. Mayor O'Reilly replied yes. Motion passed unanimously by roll call vote. G-1 Bills to be Paid, Bills to be Ratified MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the billings. Councilman Hall asked what was the Day Care Admin- istration? Councilman Malston explained it was for advertising. Motion passed unanimously by roll call vote. G-2 Requisitions Exceeding $1,000 i NOTION: i t �` i T% t . KENAI CITY COUNCIL SEPT. 3, 1980 C Page 7 Councilwoman Glick moved, seconded by Councilman Measles, to approve the requisitions. Motion passed unanimously by roll call vote. G-3 Ordinance 608-80 - Increasing Rev/Appns, General Fund Budget - Grant from Kenai Peninsula Borough for Administrative Support to Kenai Advisory Harbor Commission - $51,200 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to introduce the ordinance with the changes, the reason is to be the same as the Borough ordin- ance passed last night. (9-2) Motion passed unanimously by roll call vote. G-4 Ordinance 609-80 - Increasing Rev/Appns, General Fund Budget - State Revenue Sharing for Health Facilities - $8,000 MOTION: �. Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed unanimously by roll call vote. G-5 Ordinance 610-80 - Increasing Rev/Appns, Airport Terminal Parking Lot - $40,000 A representative from Hertz Rent-A-Car spoke. She asked the Council to please postpone this action till all the businesses can have a meeting with the Council. She understood some parking changes are planned. Mayor O'Reilly asked if she was willing to offer comment at the work session, and not have the action postponed? This is just introduction. The Hertz representative replied yes. A representative from Avis Rent-A-Car also asked to have in the minutes that they were at the meeting also. Motion passed unanimously by roll call vote. .G-6 Ordinance 611-80 - Increasing Rev/Appns, Federal Revenue Sharing Fund - Change Orders #1 & #2, Shop Addition Project - $6,000 MOTION: r KENAI CITY COUNCIL SEPT. 3, 1980 Page 8 I _ Councilwoman Glick moved, seconded by Councilman Measles, to introduce the ordinance. I Motion passed unanimously by roll call vote. G-7 Resolution 80 126 Adopting a Minority Enterprise } Policy MOTION: Councilwoman Glick moved, seconded by Councilman Mueller, to adopt the substitute resolution as submitted. There was no public comment. Atty. Delahay explained we are compelled to do this in order to get grants for the airport. This res- olution further approves of the program the City Manager has signed, and authorizes the City Man- ager to make changes required by FAA without approval Of Council. Councilman Measles asked does this apply to any project with Federal assistance or Just DOT? City Manager Brighton replied FAA now, ' but he expects all will follow. Councilman Measles asked, if we don't do it? Mr. Brighton replied, we don't get the grant. Councilman Hall confirmed, this has nothing to do with State grants on high- ways? Atty. Delahay replied no. Mr. Brighton noted with the hard work by Atty. Delahay and Public Works Director Kornelis, the FAA has approved s some projects. Motion passed, with Councilman Malston voting no. G-8 Resolution 80-136 - Transfer of Funds, General Fund - City Manager to Attend Grantsmanship Training Program - $365 MOTION: :.._ Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-9 Resolution 80-137 - Transfer of Funds, General Fund - Moving Expenses, Assistant Engineer - $1,400 MOTION: 'TA ------------ KENAI CITY COUNCIL ' SEPT. 3, 1980 { Page 9 . Councilman Malston moved, seconded by Councilman Measles, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-10 Resolution 80-138 - Transfer of Funds, General Fund - Audit - $1,700 MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-11 Resolution 80-139 - Placing on Next Election Ballot - Whether Citizens of Kenai Support Cultural Facility if Costs are Financed by ` State of Alaska �. MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the resolution. Fran Jones, of the Cultural Facility Committee, ' spoke. She explained they are going to conduct a door to door campaign. They will have a brochure, there will be no expense to Council. The primary k and secondary users will take action. Atty. Delahay reminded them to check up on whether or not they will have to complete a disclosure statement. Councilman Ambarian asked if they could explain what is involved in the ballot. Mrs. Jones replied they had thought of that, but it was getting too long. Atty. Delahay suggested it should be in the campaign. Motion passed unanimously by roll call vote. G-12 Resolution 80-140 - Award of Bid, 3/4 Ton Van, to the Car Co. - $11,741.83 MOTION: Councilman Mueller moved, seconded by Councilman Malston, to approve the resolution. There was no public comment. KENAI CITY COUNCIL SEPT. 3, 1980 Page 10 City Manager Brighton explained Senior Citize Coordinator Porter was ill and couldn't atten meeting. She had requested he mention the to not come up to specs, the door on the van wa not as specified, and this was needed for son citizens. Motion passed unanimously, with Councilman Ambarian abstaining. G-13 Resolution 80-141 - Accepting Grant, State of Alaska - Sewer Interceptor Line - $143,158 MOTION: Public Works Director Kornelis explained they do anything on the project until the week of Sept. 8, when the EPA grant is received. Councilwoman Glick requested a mechanical err be corrected in the title. Councilman Ambarian suggested the motion be ( changed to adoption of the resolution pending approval of the grant. City Manager Brighton explained that is a different grant. There was no public comment. M Motion passed unanimously by roll call vote. G-14 Resolution 80-142 - Estimating Priorities for Local Service Roads & Trails NOTE: This should have read, Establishing Pr sties for Local Service Roads & Trails MOTION: Councilman Measles moved, seconded by Council Glick, to approve the resolution. There was no public comment. Councilman Ambarian said we are pushing to ha Main St. paved, but we should also go back to unfinished streets in the City - Beaver Loop, port, Trading Bay. He does agree this is imp but we should try•to finish the others. Coun G man Mueller R We will not do this with grant I or supplement. Mr. Kornelis said Spur rFronta KENAI CITY COUNCIL SEPT. 3, 1980 Page 11 C came in low, so we will have enough to do Maii Loop. Once we get the other two projects goil will have an idea of funds available, if this the choice of Council. Councilman Mueller as; if we approve this, what problems do we have ing? Mr. Kornelis replied none. The contrac we can change at any time. Motion passed unanimously by roll call vote. G-15 Resolution 80-143 - Awarding Contract, Constr of South Frontage Road of Spur Hwy. MOTION: Councilwoman.Glick moved, seconded by Council Malston, to approve the resolution. There was no public comment. Mr. Kornelis noted the engineer's estimate wa higher than the bids received. Motion passed unanimously by roll call vote. C G-17 Resolution 80-145 - Awarding Contract, Warm Storage Bldg. Mayor O'Reilly asked, is this how it will be from now on? Atty. Delahay replied it depend far ahead the bids come in and whether we ha% to check out the percentage of participation certification of bidders and sub -contractors. MOTIONS Councilwoman Glick moved, seconded by Council Maiston, to approve the resolution. James Carter Sr. spoke. He distributed a let to Council proposing sale of the Mukluk Built for a warm storage building. He explained tt letter is self-explanatory. He noted this wi well -discussed in the past. Knowing what bit the City has received, he wished to let Coun< know his bid. Mayor O'Reilly asked what are dimensions. Mr. Kornelis replied 40 X 140. Councilman Mueller asked what is the propose( \o `aNA10 `14enhth of the new building? Mr. Kornelis rel it is 12 feet away from the present building, 1. includes a culvert for a drainage ditch, exti insulation, plywood up inside, and design. f' �!I KENAI CITY COUNCIL SEPT. 3, 1980 Page 12 Mr. Kornelis further explained, the allocated funds available are $250,000, including advertising & engi- neering. Councilman Hall asked is the Mukluk Bldg. warm storage. Mr. Kornelis replied yes. In his opinion, it is not a desirable location or building. The heat and electricity are high, the insulation is poor. He noted we have a good deal here, the engineer's estimate is $210,000. It includes four entryways, 2 personnel doors, a concrete foundation, etc. Councilman Ambarian said the letter from FAA calls for 40 X 130. Mr. Carter said when he pre- viously spoke to Council, he figured $8,000 to $10,000 to fix the building as Council wanted. Councilman Ambarian asked what is the schedule of completion? Mr. Kornelis replied the bid specs are for the and of December or the 1st of Jan. Some items may be held up. At the request of Councilman Hall, Mr. Kornelis explained the special insulation. City Manager Brighton noted the most important question is, if the Council decides to buy, can the grant money be used? Mr. Kornelis replied he didn't know. Atty. Delahay was also unable to answer. Airport Manager Swalley said when the Council voted this down before, he had Mr. Castleberry and Mr. Strickland of the FAA down and showed them the condition of the Mukluk Building. This had considerable influence on the FAA decision. Councilwoman Glick said regarding the location, in Sept. when this was discussed, motion was made to locate the building in the present shop yard. Councilman Ambarian said the location of the warm storage building is strictly a matter of preference. The area directly across from the terminal will become valuable property. If we were going to move our buildings, now is the time to do it before the area is built up. The Mukluk Building has served at a low cost for several years and is in a good location. Motion passed, with Councilman Ambarian voting no. G-18 Consent to Sub -Lease - James Carter Sr. to Ed Ambarian MOTION: r,nttncilman Measles moved, seconded by Councilwoman Glick, to approve the sub -lease. Motion passed unanimously with Councilman Ambarian voting R a.bS+a�0 'KENAI CITY COUNCIL SEPT. 3, 1980 Page 13 G-19 Special Use Permit Extension - Wien Air Alaska MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to approve the special use permit. Motion passed unanimously by roll call vote. Councilman Ambarian noted Mr. Wayne Stevens was in the audience. G-20 CH2M Hill - Sew,age Project Construction - $17,400 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to approve the billing. Motion passed unanimously by roll call vote. G-21, 22 Alaska Boiler & Heat Exchanger, Inc. - Lube Facility & t Addition to Shop Building - $3,100 (Change Order #1) and $1,255 (Change Order #2) MOTION: Councilman Ambarian moved, seconded by Councilman Malston, to approve the billings. Motion passed unanimously by roll call vote. G-23 Wince, Corthell, Bryson & Freas - Frontage Rd. - $7,626 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the billings. Motion passed unanimously by roll call vote. G-24 Pay Estimate No. 1 - Fidalgo Subdivision to Quality Asphalt Paving, Inc. MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the billing. Motion passed unanimously by roll call vote. r:. KENAI CITY COUNCIL SEPT. 3, 1980 Page 14 G-25 Change Order No. 1 - Athletic Fencing to Saltz General Contractors - $1,975 MOTION: Councilman Measles moved, seconded by Councilman Malston, to approve the change order. Motion passed unanimously by roll call vote. G-7 Letter from City Engineer - How to Handle Final Plats Councilman Ambarian asked if Council was just to acknowledge receipt of the letter. Public Works Director Kornelis replied this is something they have looked at for some time.' It is part of the City Code. The way it is done now, Planning & Zoning recommends the preliminary plat, it goes to the Borough, we give final approval before the design plans are given to the City. This will correct this. Councilman Hall said he didn't think a bond was necessary, because they can't sell lots until the plan is approved. Mr. Kornelis said many streets have been built without notify- ing the City and the City will have to maintain. They never came to the City or Planning & Zoning. Councilman Mueller said if this is enforced as written, you will stop any development other than 1st class. The up -front cost will be prohibitive. Councilman Hall said regarding water & sewer, pro- viding water & sewer is available. Councilman Mueller said it says within 1500 ft. of the sewer line. City Manager Brighton said Mr. Kornelis' point is we either have to amend the ordinance or enforce the ordinance. Mr. Kornelis' biggest problem is trying to maintain streets not up to specs. Councilman Mueller said he agrees the Code needs amending, but it should require the sub- divider to inform the purchasers whether.or not the roads were accepted by the City. Mr. Brighton noted that would depend on the subdivider, whether he tells them or not. Councilman Hall said if the City does not issue building permits until the subdivision is up to specs, you wouldn't need to be concerned. Mr. Kornelis replied on some build- ing permits, no road is listed. Mr. Brighton said this is not a serious problem to Council and the lam, audience, but it is a serious problem to people who try to get the City to work on their roads. KENAI CITY COUNCIL SEPT. 3, 1980 ( Page 15 r^ Councilman Malston suggested this be referred_ to the Planning & Zoning Commission. Council agreed. G-2s,29 FAA Grant Offer - Acceptance 1980 Elec. Improve- ments - $737,339 FAA - Allocation of $234,375 - Warm Storage Building City Manager Brighton explained these were held up waiting for minority enterprise approval. Mayor O'Reilly asked, are all the papers filed? Finance Director Brown said it has to be approved by Council. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to accept the grants as offered. Motion passed unanimously by roll call vote. r Finance Director Brown said this is usually done by resolution, but it was received too late to prepare a resolution. He said the City Clerk will attest to the passing of the motion. G-30 OMNI North MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the billing. Motion passed unanimously by roll call vote. Councilman Ambarian noted the notary on the papers has expired, Mayor O'Reilly asked Clerk Whelan to check on that. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. He has talked to Ginny Chitwood, of the Muni- cipal League, regarding the personnel situation. It will be the end of Sept. before it is ready, they will work on it. KENAI CITY COUNCIL SEPT. 3, 1980 Page 16 2. Regarding Vern Frykholm appraisal of the City Hall land. He sent him a copy of the letter from FAA and asked him to write to FAA. We have not received a reply. 3. He will refer to Councilman Ambarian regarding the Coastal Zone Management grant. Councilwoman Glick asked if they had awarded the day care grant facility. Mr. Brighton replied yes, last week. They have started training with the State. The Resource Center representative asked for a directory of citizens, he suggested they get an affidavit from each individual stating they are citizens of the City. Councilwoman Glick asked will it be in time for the school year. Mr. Brighton replied he assumed it will be. We are going to put a publicity program together. Council- man Malston noted the people are going to have to go to Soldotna to get the service? Mr. Brighton replied yes.' However, they are doing this for nothing. Councilman Ambarian said some time ago, he asked.the City Manager to check on signs in front of the Katmai, has this been done? Mr. Brighton replied no, is this on State land? Councilman Ambarian replied some if it, we still have ordinances re- lating to signs. H-2 City Attorney Atty. Delahay spoke. 1. Kenai Investments is in bankruptcy. They only owe the City approximately $500 for water and sewer. They own 6-plexes in Kenai. It is not worth going to Anchorage to claim, we can cut off their water if they don't pay. They claim they are not going into bankruptcy, they were threatened with foreclosure and wanted to get it straightened out. He suggested the Council authorize him not to serve on the committee reviewing the bankruptcy. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, to authorize to serve on , the committee. Motion asked unanimous) b roll call vote. f P Y Y Public Works Director Kornelis noted the Jaafrk 4tas18wl okll;- 76/. - KENAI CITY COUNCIL SEPT. 3, 1980 Page 17 accepted the roads in Deepwood Park, next to the apartments. Atty. Delahay replied that is part of the problem. This was added to the bill and they're trying to collect. H-3 Mayor Mayor O'Reilly spoke. 1. He reviewed his trip, referring to the memo in the packet. He stopped in Texas, Oklahoma, Kansas, and Washington,D.C. He noted Dow Chemical received the bid for the chemical facility. 2. Since the D-2 issue has been in the papers, he will not review it. 3. He asked Public Works Director Kornelis to review the donation of top -soil. Mr. Kornelis said the City had searched alot of places for topsoil. They contacted KNA and were able to get dirt from the piles located in Wildwood. It was donated by KNA. He suggested a letter of appreciation be sent to KNA. The only cost to the City was equipment. �. Councilwoman Glick suggested Administration have r ' a resolution acknowledging the donation and a letter of appreciation be sent to KNA. H-4 City Clerk None H-S Finance Director None H-6 Planning & Zoning Councilwoman Glick spoke. 1. The Roads & Trails situation was discussed earlier. 2. Some leases were approved. 3. A vacation of right-of-way was tabled 4. Discussion regarding the City -owned airport lands, this will be in the work session. Mayor O'Reilly suggested Phil Bryson, Chair- man of the Planning & Zoning Commission also i be invited to the work session. I KENAI CITY COUNCIL SEPT. 3, 1980 Page 18 ' H-7 Kenai Borough Assembly Councilman Ambarian spoke. 1. The proposed Ridgeway Fire Service area was discussed. 2. The population of the Borough has been set at 25,000 3. A rezoning ordinance in the City was discussed. 4. An authorizing ordinance was discussed for harbor funds Councilwoman Glick asked if the 25,000 population figure was an increase. Councilman Ambarian replied an increase of about 485. Councilman Ambarian noted the next Assembly meeting will be'Oct. 14, with the new assembly. H-8 Harbor Commission Administrative Coordinator Davis spoke. 1. He was in Homer this date (9-3), an $88 Minion ( project is on the books for a five year plan. It will be in 4 phases. There will be a new port and a fish processing area. He doesn't know where the funds are coming from. 2. Five consulting firms are presenting proposals on the City design, 3 or 4 of these are also on the Homer project. 3. Sept. 27, 1980 at 9:00, the Harbor Commission will review oral presentations on the 5 firms. Council will receive invitations, there will be approximately 50 guests. 4. Regarding the Mayor's trip report. He was in contact with the Corps. (of Engineers). We have sent a letter to Wash.tD.C. and Anchorage to keep up the lines of communication . The Corps. is in phase 2 of the study. Next stage is a detailed report, it should be approved in Oct. The 3rd phase is construction. 5. We have placed an order to Will Thompson, photographer, to take photos of the harbor. Mayor O'Reilly asked where are we if the Borough won't meet till Oct. 14, when is Mr. Davis' contract up? Mr. Davis replied Sept. 26. He explained the actions of the Borough are necessary no matter what •r� � r I KENAI CITY COUNCIL SEPT. 3, 1980 Page 19 the actions of the committee are. They have to accept the grant from the State. The City has to sub -contract from the Borough. Then there's a two week delay.after the City has the contract before they can advertise. Finance Director Brown said we are going to lose a month because of the Borough delay. Mayor O'Reilly asked, we may have a gap where the Harbor Commission will not have administrative services? Mr. Brown replied yes. ti I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Councilman Hall asked Public Works Director Kornelis to review the Willow St. curbs and gutters. Mr. Kornelis explained it looks like they are out of line. He also asked about paving the airport, they could not get it done. He asked for other problems, the State said they would not do any of them, but he wanted it on the record in case of future problems. ADJOURNMENT Meeting adjourned 10:18 PM. Respectfully submitted, /)--I A 1 4- 2122-&1 J7"t Whelan, City Clerk St. Francis by the Sea Episcopal Church of Greater Kenai Box 605 Kenai, Alaska 99611 Sept. 11, 1980 Mr. John Horn Director, Airport and Highway M and 0 Department of Transportation and Public Facilities Pouch 6900 Anchorage, Alaska 99502 14-01 Dear orrri� When the Kenai Spur Highway was up -graded (F 021-2) the slope of the southerly bank vicinity station 2747± to 2752+ was constructed at approximately a 60 slope from the road surface. Due to the curve, rise of the road (west to east), speed transition zone, increased use of Spruce Street an unsafe condition now exists. When leaving Spruce Street, entering or crossing the Kenai Spur, vision is limited to the west. Similarly, vision of those proceeding east on the Spur have -limited vision of traffic at Spruce Street. The situation is critical due to the fact that the Episcopal Church, the Roman Catholic Church, the Kenai Care Center, Kenai Municipal Park Ball Fields and a proposed Day Care Center are all forced to use this intersection. It would appear that the most rational solution would be to modify the slope of the bank from 607 to perhaps 45=, Spruce Street to the ravine to the west. Note there is sufficient right-of-way at the top of the bank to accommodate the adjustment of slope. Sincerely, John Oise Znclosuress 2 sketches cf: City of Kenai Father ".ells, Catholic Church lw N'' --- 7'7- 7. 'L 7 /ems. 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AIASKA 99611 TELEPHONE 483 • 7535 September 12, 1980 MEMO To: Wm. J. Brighton, City Manager From: Kim Howard, Admin. Assistant �•� Re: Vacant Leased Lands This is in response to your question of what lessees have not begun construction as required by their lease. (Stated in the application which is made a part of the lease.) Alaska Bussell Electric - Lots 8 & 9, Blk. 2, General Aviation Apron Application states construction must begin within one year of lease approval. Term began March 30, 1977. Estes, Jack or Mavis - Lots 2 & 3, Blk. 1, CIIAP Application is incomplete, there is no time set to begin construction. There is no development on the lots. Term began October 15, 1977. Burnett & Associates - Lot 8, Blk. 1, CIIAP Application states construction must be started by one year after date of lease. Term began March 1, 1977. The layout plan in application shows parking on Lot 7, with the building on Lot 8, with a small portion of building extending from Lot 8 into 7. However, there seems to be no development on Lot 8. Beluga Development Corp. - Lots 10 - 14, Block 1, CIIAP There is no application in the files for Lots 10 - 13. The application for lot 14 is incomplete and does not set a time to begin construction. The area is fenced and is presently being used as a storage yard. The terms began July 1, 1966, July 1, 1966, July 1, 1966, July 1, 1965 and July 1, 1971 respectively. Decor Enterprises - Lots 2 & 3, Blk. 3, CIIAP There is no lease application in the files. Terre began March 1, 1967. Evans, Phillip - Lot 3, Blk. 5, CIIAP Application states construction must begin within one year from date of lease. Term began May 1, 1977. L Wm. J. Brighton September 12, 1980 ± Page 2 i Serendipity Enterprises - Lot 3, Spur Subd. # 1 Application states construction must be started within two years from date of lease. Term began May 1, 1979. Council has approved a six month extension of lease (mid -January). In addition, Lots 9, 10 & 11, Blk..2, CIIAP were leased to Browning i and Henry and assigned to Ambarian. The application states completion f date for major construction within two years from date of lease. Lease term began July 15, 1978. The assignment was effective Sept. 4, 80. At this time we have no development plan from Ambarian. (7� rliiilA�•� i _ CITY OF KENAI P. O. BOX fE0 KENAI, AIAfKA 99611 TELEPHONE 2E8 • 7535 September 11, 1980 MEMO To: Mayor Vince O'Reilly and Kenai City Council From: Robert PeterkinjAnai Advisory Harbor Commission Re: Administrative Coordinator Extension The Kenai Advisory Harbor Commission at their regular meeting of September 9, 1980 approved the following recommendation to City Council: Commissioner Ackerly moved, seconded by Commissioner Dragseth, that Mr. Davis's contract be extended sixty (60) days. There was a roll call vote and the motion passed unanimously. Commissioner Williams moved, seconded by Commissioner Dragseth, to amend the motion to read that the contract extension shall include a $100.00 per week increase. There was a roll call vote and the motion passed unaimously. RP:kh THE FOLLOWING CHECKS ARE OVER $19000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 9/17/80 VENDOR AMOUNT DESCRIPTIO PROJECT DEPARTMENT ACCOUNT CHARGE AMOUNT P.O. FOR APPROVAL State of Alaska 2,377.26 Matching Funds/Senior Van COA-Social Services Machinery b Equipment 2,377.25 Boman Distribution 1,961.46 Miscellaneous Supplies Shop Operating Supplies 433.13 20263 Miscellaneous Supplies Shop Operating Supplies 741.13 20368 Miscellaneous Supplies Shop Operating Supplies 787.20 20487 Cascade Recreation -Equipment 1,160.08 Spring Animals FRS -Parks Machinery 6 Equipment 1,150.08 12126 Clary Insurance Agency 14,538.05 August Workmen's Comp Various Workmen's Compensation 4,950.00 Public Officials Liability Non -Departmental Insurance 1,687.05 Add'1 Qtr. General Liability Non -Departmental Insurance 7,901.00 Craig Taylor Equipment 9,388.50 Vibrastat/Tilt Trailer FRS -Streets Machinery 6 Equipment 9,388.50 12556 ;. Don's Dive Shop 1,624.38 Diving Bottles Fire Machinery b Equipment 970.06 20493 Diving Bottles Police Machinery 6 Equipment 554.32 20493 j Coyle's Fuel Service 1,417.17 Stove Oil Shop Operating Supplies 1,417.17 Firestone 1,167.00 Cross Chains Shop Repair/Maint. Supplies 1,167.00 10569 Glacier State Telephone Co. i 2,091.04 September Phone Bill Various Communications 2,081.04 Homer Electric Assoc. 7,248.74 August Electricity Various Utilities 7,248.74 IBM 1,228.92 Aug/Sept Copier Rental Various Printing 3 Binding 1,005.82 20181 Sept MagCard Rental City Clerk Rentals 223.10 20180 Motorola, Inc. 5,559.90 Replace Siren 6 Housing Communications Repair b Maintenance 339.90 12603 Scanners Pagecan/Charger Fire Airport M60 Machinery 6 Equipment Small Tools/Minor Equip. 6,000.00 220.00 12540 20226 Peninsula Roofing 2,925.00 Roof Repair Fire Repair A Maintenance 2,926.00 20407 Scientific Business Instruments 10,677.00 Computer Equipment FRS -City Attorney Machinery 6 Equipment 6,490.00 12431 Computer Equipment FRS-PW Administration Machinery 8 Equipment 3,756.00 12431 PWtAdministration Office lies 00 Supplies FRS -lies Office Supplies 117.00 12431 2431 I Boxer -Marcus I 2,290.23 Diswasher/Slicer COA-Outreach Machinery b Equipment 2,290.23 12542 . ,: r u R CHECKS OVER $1,000.00 Page 2 VENDOR 9/17/80 AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.O. Seattle Trust 5,609.10 Fees Debt Sery 174 Refund Agent Fees 167.05 Principal Debt Sery 169 Water Principal 6,000.00 Interest Debt Sery 169 Water Interest 300.00 Fees Debt Sery 169 Water Agent Fees 52.05 Southcentrai Communications 2,331.00 Sept. Radio Maint. Communications Repair 3 Maintenance 880.25 20246 Sept. Radio Maint. Water Repair 8 Maintenance 102.30 20246 Sept. Radio Maint. Sewer Repair 6 Maintenance 163.46 20246 Install/Adjust Icoms Communications Repair b Maintenance 100.00 12333 Radio Installation Shop Repair 6 Maintenance 270.00 20325 Batteries Fire Repair/Maint. Supplies 150.00 20573 Radio installation Communications Repair 6 Maintenance 315.00 12613 Radio Installation Communications Repair b Maintenance 360.00 12614 Tesoro 1,023.90 Anti -freeze Shop Operating Supplies 901.80 20591 Cleaning Solvent Shop Operating Supplies 122.10 20597 Ward Landscaping 26,000.00 Work on Softball Fields CP-Softball Fields Contruction 25,000.00 20386 i Ward Landscaping 14,767.25 Add'1 Work on Softball Fields CP-Softball Fields Contruction 14,767.25 On PO List Wohlforth b Flint 3,000.00 City Hall Bond Sale Legislative Professional Services 2,000.00 11742 City Hall Bond Sate Legislative Professional Services 1,000.00 20184 FOR RATIFICATION Blue Cross of Alaska 9,286.64 September Medical Insurance Various Health Insurance 9,286.64 National Bank of Alaska 34,264.00 August Federal W/H General Fund Liability 34,264.00 AK Nun. Emp. Credit Union 11,069.00 August W/H General Fund Liability 11,069.00 Fred Parnell 2,386.00 August Bldg. Maint. Terminal Professional Services 2,385.00 20119 State of Alaska .20,815.40 August FICA Various FICA 20,815.40 r PERS 20,938.57 August Retirement Various Retirement 20,938.57 Alaska StateBank 476,000.00 Cert.of Deposit-9/10/80 TCD Central Treasury 475,000.00 National Bank of Alaska 160,000.00 REPO 9/5/80 Central Treasury Central Treasury 150,000.00 I REQUISITIONS OVER $1,0OO.0O WHICH NEED COUNCIL APPROVAL 9/17/80 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT Alaska Industrial Hardware Table Saw b Blades - Building inspector Machinery & Equipment 1,382.37 Airport lighting Compnay Transformers. Assemblies b Other Misc. Electrical Supplies Airport MAO Repair/Maint. Supplies 1,482.00 Ward Landscaping Balance of Work on Softball Fields CP-Softball Fields Construction 14,767.25 'r i CITY OF KENAI RESOLUTION NO. 80-146 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 BUDGETt From% Other -Contingencies ($500) TO: Non -Departmental -Buildings $500 This transfer provides monies for laying carpet and other miscellaneous building improvements in Fort Kenay. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1980. VINCENT O REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finances p 1 '^ I - - - - - --- - _ �.— =----- -- -----ems: - - -- - -- � •�--•-� CITY OF KENAI RESOLUTION NO. 80-147 I . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE ' CAPITAL PROJECT FUND ENTITLED "YOUTH CENTER"s From: Contingency ($13,000) To: Inspection $13,000 • This transfer provides monies to pay for the inspection . services proposal submitted by Dowling -Rice & Associates, which was accepted by the Council at the September 3, 1980 Council meeting. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September, 1980. r VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance:e" �E t a - V1 � - -- - -- ' '0- -- - - --- - - - --,W- - -1 CITY OF KENAI RESOLUTION NO. 80-148 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT OFFER FROM THE U. S. DEPARTMENT OF TRANSPORTATION, FEDERAL AVIATION ADMINISTRATION IN THE AMOUNT OF $234,375.00 TO BE APPLIED TOWARD T14B FINANCING OF A NEW WARM STORAGE BUILDING. WHEREAS, the U. S. Department of Transportation, Federal Aviation Administration, has offered the City of Kenai a grant in the amount of $234,375.00 to be applied toward the financing of a new warm storage building. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant offer from the U. S. Department of Transportation, Federal Aviation Administration, in the amount of $234,375.00 be hereby accepted for the financing of a new warm storage building. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September, 1980. ATTEST: anet Whelan, City Clerk I � v IT CITY OF KENAI RESOLUTION NO. 80-149 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT OFFER FROM THE STATE OF ALASKA, DEPARTMENT OF COMMUNITY AND REGIONAL AFFAIRS, COASTAL ENERGY IMPACT PROGRAM (CEIP) FUNDS IN THE AMOUNT OF $55,000.00 TO BE APPLIED TOWARD THE FINANCING OF PLANNING AND ENGINEERING DESIGN REQUIRED FOR STREET IMPROVEMENTS OF: 1. Collector Loop formed by Lawton Drive, Tinker Lane, and Walker Lane. 2. Main Street Loop and Barnacle Way from Main Street to Willow Street. WHEREAS, the State of Alaska CEIP has offered the City of Kenai a grant in the amount of $55,000.00 to be applied toward the financing of: 1. Collector Loop formed by Lawton Drive, Tinker Lane and Walker Lane. 2. Main Street Loop and Barnacle Way from Main Street to Willow Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant offer from the State of Alaska, Department of Community and Regional Affairs, CEIP, in the amount of $55,000.00 be hereby accepted for planning and engineering design required for street improvements of: 1. Collector Loop formed by Lawton Drive, Tinker Lane, and Walker Lane. 2. Main Street Loop and Barnacle Way from Main Street to Willow Street. , PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City C er �f Y J CITY OF KENAI RESOLUTION NO. 80-150 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT OFFER FROM THE U. S. DEPARTMENT OF ENERGY FOR $4,225, AND THE STATE OF ALASKA FOR $4,225 TO BE APPLIED TOWARD THE FINANCING OF A CITY HALL HEAT EXCHANGE SYSTEM. WHEREAS, the U. S. Department of Energy has offered the City of Kenai a grant in the amount of $4,225 to be applied toward the financing of a City Hall Heat Exchange System, and WHEREAS, it is expected that the State of Alaska will offer the City of Kenai an equal amount of $4,225 which will be combined with the U. S. Dept. of Energy grant to the amount of $4,225 for a total estimated grant amount of $8,450. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant offer from the U. S. Dept. of Energy in the amount of $4,225 and the grant offer from the State of Alaska in the amount of $4,225 be hereby accepted. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September, 1980. VINCENT 0' REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance L°____ e_ R _ CITY OF KENAI RESOLUTION 80-151 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1980-1981 SPECIAL REVENUE FUND ENTITLED KENAI SENIOR CITIZENS' PROJECT FY 1980-81 BUDGET: From: Social Services - Health ($400) To: Social Services - Communications $400 This transfer provides monies for postage for mailing of Senior Citizen newsletters. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of September 1980. VINCENT O REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: /_a g P. 0. Box 2399 Kenai, Alaska 99611 September 4, 1980 Mr. Wm. d. Brighton City Manager City of Kenai, ;., Kenai, Alaska 99611 Dear Mr. Brighton I request City of Kenai consent to sublease my interest in my lease with City of Kenai dated November 3, 1975, Lot lA Deshka Subdivision to Time Saver Grocery, Inc. They have purchased our convenience store operation and have signed a lease contract to continue in the present _ location. A copy of the lease contract is enclosed. This request is in �. '. compliance with Item #4 of the lease with the City of Kenai. I Sincerely, A aug 1 . 'F� 3 i r..— - ,r — STANDARD BUSINESS PREMISES LEASE 'THIS LEASE AGREEMENT made this day of _J L�i✓� 1980, by and between CHARLES J. CRABAUGH and ROBERTA J. CRABAUGH, hereinafter referred to as "Landlord," and TIME SAVER GROCERY, INC., hereinafter referred to as "Tenant". In consideration of acts performed and to be performed, mutual promises made and exchanged, monies paid and to be paid, and other good and valuable consideration, receipt of which is hereby acknowledged, the parties agree as follows: 1. Leased Premises. Landlord hereby lets 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 Alaska, more particularly described as follows: The building (being approximately 3000 square feet, more or less, situated on the real property leased from the City of Kenai under lease dated the 3rd day of November, 1975, and recorded the 20th day of April, 1976, in the Kenai Recording District, Third Judicial District, State of Alaska, in Book 94, Page 359, of real property described as: Lot 1A, Deshka Subdivision, Section 5, Range 11 West, TSN, Seward Meridian, Alaska. Included with the lease property shall be all fixtures, attachments, appurtenances, easements, 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. This lease does not include all of the land described in the lease with the City, but only that portion necessary for the full and complete use of the building. 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 fr R ,- -.--- -•.--- and delivery, service access and parking. In no event shall the area be less than 20 feet along the west and east side of the building, all area to the north side of the building extending to the street, including any additions and the easement area adjoining the roadway. The lease area shall also include not less than 20 feet to the rear (south) of the store, provided, however, that in the event that Landlord determines to construct other improvements to the south, that reasonable arrangements will be made by the parties to assure Tenant reasonable access in this area. Any improvements to be constructed on the remainder of the lease land shall not decrease Tenant's ingress or egress rights for its customers, nor interfere with the visual exposure of the building from the north or east. 2. Term of Lease. The term of this Lease shall be ten (10) years, commencing on the day of A 1980, and continuing until the ' day of 1990, except that there shall be an option to extend in accord with paragraph 26 and Lessee may terminate the Lease early in accord with paragraph 27. 3. Rent. As rent for the Leased Premises, Tenant agrees to pay Landlord the sum of $2,116.00 per month for the period from 6 J LL 1980 to .S -re"* G , 1985, and 02,440.00 from , 1985 to S: , 1990. Provided, however, that these rental amounts are subject to increase or decrease in accord with paragraph 4 hereunder. The rent for each month shall 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, on or before the first day of each month of the Lease. 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, the Landlord shall have all of the rights and remedies specified in Default Provision 22 below. -2- Q., rr k t 4. Adjustment in Monthly Rent. In the event that the (a) real property taxes on the building (but not on the land or paving), or (b) costs of insurance paid by Landlord, increase, as compared with the rate applicable as of .�L1,sJG_ , 1980, Landlord may notify Tenant of such change. Immediately upon receipt of notice of such increase, Tenant agrees to modify the monthly rental payments to reflect the increase by: (1) increasing the amount of the next monthly rental payment, and all subsequent rental payments, by an amount sufficient to cover such increase relative to the average rate applicable as of 1980 (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. Upon request of the Tenant, Landlord agrees to provide for the Tenant all billings for increased costs over the base rate. Should there be a dispute as to the rent adjustment, the parties shall arbitrate such dispute as further set out in paragraph 25. In no event shall Tenant be required to pay any increases incurred by Landlord due to an increase in land lease payments to the City of Kenai, and Landlord shall be responsible for all lease payment costs. The adjustment for insurance to be made to the rents shall include any addition 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. The insurance coverage and premium are as specified in Attachment "A." Tenant may, as an alternative, elect to provide equivalent coverage under its own policies, provided that (i) the premium shall be payable by Landlord and shall not be greater than the cost under a policy which Landlord can purchase, (ii) the proceeds payable upon a loss shall be payable to 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, and (iv) the policy shall be written by a responsible company licensed to do bucincim lit Alaska. -3 S. Utilities, Services. The Tenant shall provide all services and utilities, including but not limited to heat, electricity, water, fuel, telephone, janitorial (including window washing), light bulbs, refuse removal, snow removal from parking area and sidewalks, and all other services, and Landlord shall be responsible only for making the leased premises available in their present condition with no additional services. 6. 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 expenses and Landlord may require, as a condition of approval, that Tenant agrees to return the Leased Premises to their original condition before expiration 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 the Leased Premises and require Tenant to furnish proof prior to the commencement of any work on the premises 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 liability in connection with the making of such alterations, additions or improvements. Notice is hereby given that Landlord will not be responsible for payment for any labor or materials furnished to the premises at Tenant's request; and no mechanic's or materialman's liens for such labor or materials shall attach to Landlord's interest in the Leased Premises. 7. Maintenance of Premises. Landlord shall, at its expense, maintain and keep in good repair the foundations, exterior walls, glass (under its glass breakage coverage specified in paragraph 12.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" 'I r shall be defined as any repair, the cost of which is in excess of 0250.00. 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 commit no waste of any kind in, on or about the Leased Premises, -nor create or suffer 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 shall pay for any and all damage caused by it to the Leased Premises, and its apparatus or appurtenances, the building in which the Leased Premises are situate, and any personal property of Landlord. If abnormal wear and tear or abuse or waste of the Leased Premises is found during the term of this Lease, Tenant shall, upon demand by Landlord, immediately eliminate such abnormal wear and tear or abuse or waste and restore the Leased Premises to their condition at the beginning of this Lease, normal wear and tear excepted. S. Use of The Premises. Use of the Leased Premises by Tenant is limited to: business and commercial use, and the premises shall not be used for any other purpose without the express prior written consent of Landlord. Tenant agrees to comply with all municipal, borough, state, federal and other governmental laws, statutes, ordinances, rules and regulations, including, but not limited to, zoning ordinances and health, safety and environmental regulation., but shall not be construed to require Tenant to make any repairs or improvements to the building to meet fire code or other building code or zoning requirements. Any violation of such laws, statutes, ordinances, rules or regulations shall constitute grounds for terminating this Lease. 9. Parking. Tenant shall have the use of all of the parking area situated on the described premises. The space shall not be used for storage of materials nor shall any vehicle be parked there for storage. 10. Vehicular Ingress and Ingress. Tenant shall have the right to use all means of common ingress and egress to the Leased Premises. -5- 11. Liens and Encumbrances. Tenant shall keep the property free and clear of all liens and encumbrances, including 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 non -responsibility 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 grounds for terminating this Lease. 12. Indemnification and Insurance. A. Indemnification. Tenant agrees to indemnify and save Landlord harmless from and against any and all claims arising from any act, omission, or negligence of Tenant, its agents or employees, arising from 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 thereon, and shall defend against such, other than for claims or losses directly or indirectly caused by or contributed to by the negligence of Landlord, its agents or employees. 7. B. Liability Insurance. Tenant shall maintain at its sole cost and expense policies of general public comprehensive liability 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 leased property. Such insurance shall afford protection in limits of not less than (1) $300,000 with respect to injury or death of a single -6- i 1 . ■ T — person, (2) 0500,000 in respect to any one accident, and i 050,000 with respect to property damage. Such polic: shall name Landlord as one of the insured and shall noncancellable as to Landlord except upon at least this (30) days' prior written notice given to Landlord. Tens shall furnish Landlord with copies of all such policies other acceptable evidence that such insurance is in effei C. Fire, Extended Coverage and Glass Insure Landlord shall keep and maintain fire, extended coveral and glass insurance on the building in such amount as deems appropriate and Tenant shall not be liable for i loss resulting from such loss. Under this coverage, 1 loss, if any, shall be payable to Landlord or any designal institutional lender named as beneficiary of a deed of tri or mortgage or a mortgage now or hereafter to be recon upon the property. In the event of any loss, Tenant agn to give immediate notice to Landlord. Tenant shall maintain at its sole cost and expel fire and extended coverage insurance on any contents on in the leased premises in such amount as it de4 appropriate, and shall indemnify and hold Landlord harml4 from any loss therefrom. Landlord and Tenant hereby mutually waive right of recovery against each other for any loss M perils insured against under their respective insurai policies, including any extended coverage and endorsemei thereto, to the extent of such insurance compensatio provided, however, that this release and waiver shall inapplicable if it would have the effect, but only to extent that it would have the effect, of invalidating insurance coverage of Landlord or Tenant. Tenant sh, remain liable for any loss to Landlord in excess of s, insurance caused by the negligence of Tenant or its agen employees, licensees, or customers. 13. Eminent Domain. If the property shall be ta, substantially in its entirety by right of eminent doma. this Lease shall cease as of the date possennion is taken the condemning authority and the rent uhall be paid throe NE TA that date. I£ 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 leased area taken. In either such event, all compensation for such taking shall belong exclusively to Landlord, except that Tenant shall be entitled to any loss paid for relocation expenses and replacement of fixtures. 14. Fire and Other Casualty. In the event that the property shall be substantially destroyed or damaged by fire, earthquake or other casualty to such an extent that the property cannot reasonably be reconstructed or repaired within ninety (90) days, then either party shall have the option to terminate this Lease by sending notice of its intention to terminate to the other party. If such notice is not sent within twenty (20) days from the date of loss, then Landlord shall commence 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 untenantable portion of the property bears to the whole thereof. 15. Bar Against Assignment and sublease. Tenant shall not assign, sublet or transfer all or any part of the property without the prior written consent of Landlords but consent to such assignment, sublease or transfer of any 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 from any further performance under the terms of this Lease. consent once given by Landlord to an assignment, transfer or sublease under this Lease, or any interest therein, shall not bar Landlord from afterwards refusing to consent to any further assignment, transfer or sublease. 16. Prohibition of Involuntary Assignment;Effects of Bankruptcy or Insolvoncy. Neither this Lease nor any interest of Tenant in the property shall be subject to -e- r-- involuntary assignment, transfer or sale by operation of law, nor in any other manner whatsoevert and any such attempt at involuntary assignment, transfer or sale shall have the effect of voiding the interest sought to be assigned, transferred or sold, and shall be of no other effect whatsoever. In the event Tenant is adjudged 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 conducted 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 this Lease in and to the property, and terminate all rights of any and all persons claiming under Tenant. 17. Hon -waiver of Default. Neither the acceptance of rent nor any other act or omiesion 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. 18. Holdin_oover. In the event that Tenant remains in possession of the property after the expiration of the term of this Lease, with the written consent of Landlord and without a written lease, Tenant shall be deemed to be occupying the property as a month -to -month tenant, subject to all of the conditions, provisions, terms and obligations of this Lease insofar as they may be applicable to a month -to -month tenant. Such tenancy may be terminated as provided for by the laws of the Stake of Alaska. -9- _ • w - _. _ -- 19, Removal of Property. In the event that Landlord re-enters the property to secure them following abandonment or other prolonged 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 personal 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 sell the stored property without notice to Tenant. The proceeds of such sale shall be applied first to the cost of such sale, second to the payment of storage charges, if any, and third, to the payment of any other sums of money which may then be due Landlord from Tenant under any of the terms hereof, the balance, if any, to be paid to Tenant. 20. Access and Inspection. Landlord may enter the property at all reasonable times during usual business hours for the purpose of inspecting the property and making improvements to or performing other work on the property. 21. License Fees, sales and withholding Taxes. Tenant shall pay any and all license or excise fees and occupation taxes covering businesses conducted in, on or about the property, and Landlord shall be responsible for any sales taxes which may become due and payable on rentals hereunder. Upon reasonable request, Tenant shall furnish Landlord with evidence of payment of personal property or withholding, or other taxes which, if unpaid, might lead to a lien upon leasehold interest of Tenant in the property. 22. 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 -10- i �_ �. it _ �.r- ! �� - _ ��-.. �.r-��•--__ 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, at 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 (W) days of receipt of such notice, may proceed to do the following: A. Termination. In the event that Landlord elects to terminate the Lease, Tenant shall be liable for the payments and rents unpaid prior to the termination and for all expenses and other damages, both direct and consequential, suffered by Landlord as a result of the early termination of the Lease, irrespective of whether 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' fees incurred in terminating this Lease, entering into a new Lease with a subsequent Tenant and collecting all monies due and owing Landlord by Tenant. In reletting the property, Landlord may, in.its sole and absolute discretion, relet all or any portion of the property, after making such alterations and divisions of the property as it considers desirable or appropriate, for a period equal to or different from the remainder of the term of this Lease, for as many times, and for such rent as Landlord deems appropriate. B. Re-entry and Relettina. In the event that Landlord elects to re-enter the property without terminating this Lease and relet 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 owing, and Landlord may then elect either to terminate or accelerate as provided for in Provisions A and C immediately above and below. In the event that Landlord is successful in reletting the property, -11- YA -r Tenant shall remain liable for the full amount of the reserved rent under the terms of this Lease, together with all expenses and damages, both direct and consequential, incurred by Landlord as a result of the default and reletting. Such expenses and damages, both direct and consequential, shall include all of the expenses and damages enumerated above in A. All rental payments received by Landlord from the new subtenant as a result of the reletting shall be offset against the rent, expenses and damages owed Landlord by Tenant. Suit may be brought by Landlord from time to time to collect amounts due Landlord as such amounts accumulate, or after the end of the term specified herein, as Landlord chooses in its sole and absolute discretion. Nothing herein shall prevent Landlord from reletting the property for a term in excess of the term specified hereint and Landlord shall not be required to pay Tenant any amount by which the rentals from such reletting may exceed the amount Tenant is required to pay Landlord under the terms of this Lease. Tenant hereby appoints Landlord as its agent to re-enter upon the premises and to let them on its behalf in the event of a default, and hereby declares this appointment to be coupled with an interest and irrevocable. C. Acceleration. In the event that Landlord elects to accelerate all rental payments due under the terms of this Lease, the entire amount of the reserved rent, discounted to present value at the rate of twelve percent (22%) per annum, shall immediately 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 property where it has abandoned it or left it vacant for a period in excess of two (2) weeks. 23. Specific Occurrences Constituting Default. Specific instances of material default under the terms of this Lease shall include, but are not limied to, the following. (a) -12- 0 Vv+---. e- ,w __ the filing by Tenant in any court, pursuant to any statute or law of the United States or any state, of a petition in bankruptcy or insolvency, or for reorganization or for the appointment of a reviver or trustee of all or any portion of Tenant's property; (b) the seizure of Tenant's interest in the property pursuant to any legal process, attachment or levy on behalf of any creditor of Tenant or any governmental authority, -or the taking of possession of the property by any of Tenant's creditors; (c) the making by Tenant of an assignment of composition for the benefit of Tenant's creditors; (d) the abandonment of all or any part of the property by Tenant; (e) leaving the property vacant for a period in excess of two (2) weeks; and (f) initiation of the dissolution or other termination of the existence of Tenant. 24. Signs. All signs or symbols placed in windows, on doors or elsewhere in, on or about the property by Tenant shall meet the requirements of the City of Kenai and the Kenai Peninsula Borough. In the event 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 from the street 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 and entitle Landlord to recover possession of the property in the manner provided for by the terms of this Lease. Any signs placed in, on or about the property shall be placed with the understanding and agreement that Tenant will remove the same upon termination of this Lease and repair any damage or injury to the property caused thereby. If such signs are not so removed by Tenant, Landlord may have the same removed at Tenant's expense. 25. Arbitration. Any disagreement between the parties with respect to the interpretation or application of this lease or the obligations of the parties hereunder shall be determined by arbitration. Such arbitration shall be conducted, upon request of either the Landlord or the Tenant, before an arbitrator designated by and in accordance with the rules of the American Arbitration Association and the Alaska Uniform Arbitration Act. The arbitrator -13- 1. ■ designated and acting under this lease shall make its determination in strict conformity with such rules and shall have no power to depart from or change any of the provisions hereof. The expense of arbitration proceedings conducted hereunder shall be borne equally by the parties. All arbitration proceedings hereunder shall be conducted in Anchorage, Alaska. 26. Option to Extend Lease. The Tenant shall have an option to extend this Lease for an additional term from the _r day of 1990to the ! day of 1995, upon the following terms and conditions: A. Conditions. All terms and conditions during the extension period shall be the same as set forth in this Lease, including rental adjustments set forth in Paragraph 4. S. Exercise. The option to renew shall be exercised in writing by the Tenant not later than forty-five (45) days prior to the expiration of the original term. 27. Early Cancellation. Tenant may cancel this Lease, at Tenant's option, without further liability, at any time after .five years from the date hereof, provided that Tenant first fulfill the following conditions: A. The Promissory Note executed by Tenant in favor of Landlord in the principal amount of 0170,000.00 shall have been completely satisfied. S. Any and all other indebtedness owed by Tenant to Landlord shall have been completely satisfied. C. Tenant shall have notified the Landlord in writing of Tenant's intention to terminate the Lease, sixty (60) days prior to the date of such termination. D. Tenant shall not be in default under the provisions of this Lease. 28. Parties Bound. The covenants, terms, and conditions contained herein shall be binding upon the heirs, devisees, administrators, executors, and successors in interest of the parties hereto. -14- r Ff 29. Modification. No modification of this Lease shall be effective unless in writing and signed by the parties hereto or their duly authorized representatives. 30. Notices. All notices required under the terms 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 sent by certified mail, return receipt requested, to the appropriate party at the address specified hereafter or such other address as that party may designate in writing to the other party from time to time. In the event that a properly sent notice is returned undelivered, the notice shall nonetheless be effective. Address of Landlords CHARLES J. CRABAUGH and ROBERTA J. CRABAUGH Box 2599 Kenai, Alaska 99611 Address of Tenants TIME SAVER GROCERY, INC. _J 3919 Spenard Road Anchorage, Alaska 99502 31. Entire Agreement. This written agreement constitutes the entire agreement between the parties and supersedes all other prior or contemporaneous agreements, oral or written, between the parties not included herein. IN WITNESS WHEREOF, we have hereunto set our hands the day and year first hereinabove written. LANDLORD: TENANTS TIME S VER GROCERY, INC. � CHARLES J CRABAUGH`:: Y Its cam• ROBERrA J. aRArnuGH l STATE OF ALASKA ) ) as. THIRD JUDICIAL DISTRICT ) fh � THIS IS TO CERTIFY that on this day of 1980, before me, the undersigned Notary Public ddly commissioned and sworn, personally appeared CHARLES J. CRABAUGH and ROBERTA J. CRABAUGH, who being by -me first duly sworn, declared that they are the persons who signed the foregoing document and they acknowledged to me that they signed the same freely and voluntarily for the uses and purposes therein mentioned. WITNESS my hand and official seal. i �• -NOTARY PUBLIC in and for Alas My Commission Expires:/. Zy gy STATE OF ALASKA ) ) se. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this i day of 1980, before me, the unders geed Notary b c du commissioned and sworn, personally appeared 6.('am &W , to me known to be the IbAA�' of TIME SAVER GROCERY, INC., the corporation that executed the foregoing instrument; and he acknowledged the said instrument to be the free and voluntary act and deed of said corporation for the uses and purposes therein mentioned, and on oath stated that he was was authorized to execute said instrument. WITNESS my hand and official seal. N ARY PUBLIC In and for Alaska } . My Commission Expirest -16- P. 0. Box 2599 Kenai, Alaska 99611 September 4, 1980 Mr. Us J. Brighton City Manager City of Kenai Kenai, Alaska 99611 i' Dear Mr. Brighton: J Attached you will find our request for an amendment to our lease on Lot 1A, Deshka Subdivision, original lease dated November 3, 1975. The amendment covers Item #4, page #2 of the lease contract. ' Sincerely, �CharElesV.raba c. - t 1 I , . i t i. 1 1' FW2 aw anasu gilt Oi R . .. e. "s #" ".u. sus" ooau ap.fa7, AMENDMENT TO LEASE That Paragraph 4 of that certain Lease between the City of Renal and RONSTANTINOS DIMITRIOS MACHEMS, dated November 3. 1975, and recorded at Book 94, Page 359, and subsequently assigned to Charles J. Crabaugh and Roberta J. Cc bough on May 27, 1977, by that Assignment recorded in Book 111, Page 411, is hereby amended to read as foilowas 4. A. AssiGNMENTi Lessee with Cityls written consent, which will not be unreasonably denied, may assign, in hereunder. whose or in part. its rights as Lessee (Leasehold Estate) I Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee as to the such part or all of the leased premises. No such assignment, however. will discharge Lessee from its duties and obligations hereunder. B. 61JH '<T=s Lessee may sublet part or all of its interest in the leasehold premises without prior City approval, except that Lessee agrees to send a copy of his executed sublease to the City within 10 days after its execution. In addition, all subleases are subject to the terms and conditions of the main lease. and no subletting shall affect the obligation of the Lessee to perform all of the covenants required to be performed by the Lessee herein. CITY OP KENAI Sys Wm. J. Brighton City Manager LESSEES: Q, ^� Charles . Crabaugb `e &-t=- !6 C—'Aa.L Roberta J. Qrabaugh STATE OP ALASKA ) THIRD JUDICIAL DISTRICT ;e& THIS IS TO CERTIFY that on this day of 1900, WILLIAM 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 Expireas STATE OF ALASBA ) THIRD JUDICIAL DISTRICT )88 li THIS 18 TO CERTIFY that on this �.dey of r-- 1980, CHARLES J. CRABAUGH, being per onaliy known tlyme or having) produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary execution of the foregoing Instrument. Notail Public for Alaska Hy Commission Expires$ �,jEd j' STATE OF ALASEA ) )so THIRD JUDICIAL DISTRICT ) THiB 18 TO CERTIFY that on this dey of , 1980, ROBERTA J. CRABAUGH, being persona iy known me or having produced satisfactory evidence of identification, appeased before me and acknowledged the voluntary execution of the foregoing Instrument. //�� Q,1 Al-�G`K Nota P blic For Alask Ny C mmisaion Expires � �( un wne.xn em or Kern ■uu.,usun,�i as.nn PENINSULA '907 Cozwwf GINEERING �r:.., �,r,;i•F• .. ,,�� ....._. �0 r�.................. j f ,.t+it t'W. 4 r FI ygNC e" _ September 4, 1980 City of Kenai P.O. Box 580 Kenai, Alaska 99611 Attn: Keith Kornelis Rzerbsup c�a � 0OT I ,r All RE: Fidalgo Design Project 8-055 Fee Statement Dear Keith; Included herein is a final statement for the design phase of the Fidalgo Street ovements project based upon 100% completion. Previous Statements $22,995.50 ✓ Paid to Date $21,845.72 ✓ Amount Due (design contract) $ 1,149.78 / Listed below is a monthly statement on the construction phase for August 20 through August 31, 1980: Engineering Management 38 MH @$60.Od = $2280.00 Engineering Field Supervision 74.5 MH @$35.00� _ $2607.50✓ Surveying - Centerline Staking for Clearing & Grubbing 3 man crew for 8 hrs 1$115.00' = $421frO."" gAA Clerical ------------------ 10 hrs @$ 12.00' _ $ 120.00✓ Drafting Revision #2 ------ 8 hrs @$ 20.00" = $ 160.00 ✓ Reproduction -Invoice Cost ($70. 24+$11. 54) xl .10r _ $ 90.09- 1g•96 I Misc. Office Expenses -Telephone 22.50 x 1.1" _ $ 24.75✓ P,��o=�`.,Je = Total Amount Due on Construction Contract $80'4"2`.;�# �•'`� r I would appreciate submittal of these fees for paAent at + pla (L, your earliest convenience. Sincerely,IV r WH:zc-p Waya Henderson �R1DCsB�tJ�ltoxXic�f�i6it.rAC� t�ereatdteaiacx✓ax3�et;s4 2820 C Street, Suite 3, Anchorage, INK 99503 WOO Arctic flnule,-ard 'rAnchorage, Alaska WIS02 W OEPhones 277.3501' REPROWU10 R 63M r, INVOICE NO. - DATE y 198(3- 720-53034, CUSTOMER ACCOUNT �����` o a Pr ..' OR09"60 By PURCHASE Ono rip NO. JOB1060. two. IN10116cp fit? U #-�Qpuqpey I TOTAL 60 TOTAL PER 11 SO. 50 X3 e\K-yPT_RINTS FT_FT PIAS TOTAL PER POLY FILM So. 50. 183 -ERASE PAPER FT. -FT • 9 ROX TOTAL PER 366 A ­So, 60, 100 2080 FT. FT XERO)( TOTAL PER 9200 COPIES COPY 83109 0 PHOTO TOTAL PER FILM .90. 60. 365 NEGATIVE FT FT PHOTO TOTAL PER I FILM so. so ' 305 POSITIVE FT FT C3 SPECIAL OPAGUINGISPLICING UNIT PER 368 13 OVERTIME REGUESTED HOURS HOUR M SENSITIZED PAPER 331 OFFSET P36RINTING 4 SUPPLIES 301 This is your Invoice. We do not itemize again. Statement will be Wo tendered let of each month. Interest wilt be charged an all post due TOTAL V FREIGHT act4unts, if and to the extent, permitted by applicable State Law. TERMS: Not 10th Prox. Total due 10 dayt ARO Statement; POSTAGE TOTAL nEVD. By r THANK YOU CUSTOMER ORWERY COPY—FORWMD 40 ACCmiti PAYA %E 4W.. '.'Aft 't 44. T. 6000 Arctic (lmrin-fit • if•' r , I Anchnraga,Alncka!I!tb0' �f4 • Phone: 277 3508 REPRn� 1' SIGNAL SF-H I(:FD 0509. INVOICE No. DATE -f 1 J- 1too 720-53257 CUSTOMER „'�'L�+�.:�►�.�,.i.�,�.a4�+.3�:,.r�..;,.� ACCOUNT �.�CQ�I�,�ii�C 7J••����ya �j �•}� J MEM • .M'• i I THANK YOU • T/s , W,on's�. •wr'••••r. '7• ••+FMiI!'.,..n;•.: � .... ' • ...+•-.�• 'vim • ... �i wir, ,•.. o.. • •w w •. .. _.i • •,n ����`� • ' , .• •. „ . ^i•%7.',•r,�•'r�::: !N. ,t�', tf., ' ':i.�,'' .1x, 4iL,/�..flJiiM•Ly r, _ .. _� d�:�e+�¢iM.►�I+:1.37.:•�t9.►'�•Y:s�l�.•'•F,�eV1•..rsy�„V•wi^'a�1:,�,Z�I.P"M,i-�i�� �:�itl�'Y'.���` ORDERED BY PURCHASE ORDER NO J011/RED. NO. 7INVOICED BY PRODUCED BY VITAL pTOTAL PHINiS F7 .103 SEPIAS TOTAL PER (I POLY FILM so so 303 U ERASE PAPER FT FT Ill RR08X0 JTOOTAL sotoPER o 70RO FT FT 160 XEROX TOTAL PER 366 LI9700 V09 COPIES COPY TDO PHOTO TOTAL PER FILM so. SQ 365 NEGATIVE FT FT PHOTO TOTAL PER FILM SO SO 369 POSITIVE. FT FT 0 SPECIAL OPAOUING/SPLICING UNIT PER 365 n OVERTIMEREOUESTEO HOURS HOUR 797 SENSITIZED PAPE R 331 OFF;FT PAINTING, 1u4 SUPPLIES 301 I I I i This is your Invoice. We do not itemiTe again. Statement will he rendered lit of each month. Interest will be charged on all past due accounts, it and to the extent, permitted by applicable State Law. SUS TOTAL' FREIGHT' TERMS: Not 10th Pro . Total due 0 vs O Statement. POSTAGE TOTAL, REC•O BY�/ 0 (MN No. SWIMS. F..".. 1~ 13. A,;. -*am r.D.i iJ - _----- Y.S. nl P-1.1YrNT Or c0. 141 tat c S-140SLCT "0 Iway. IT.t.I LcoNowc Or.I1.a-amt sommostb.T.O., K-12720-n1 PERIODIC ESTIMATC FOR PARTIAL PAYMENT Co1ITRACT NO. MANE AND LOCATION OF PROJECT KFXAX ,yQ4p, TREAMMT PLAUT F'XPANOT011 NAME AND ADDRESS OF CONTRACTOR BROWN Ps A520CIATrZ, J.V. 1 Box 1313 I Kenni, Alaaka 99611 PERHTOIC eST1YATE N0. Tom. -FOR PERHlD g�08� to g� , TO L-08- 169, • ' 1. COST OF WORK COMPLETED TO DATE UNDER ORIGINAL CONTRACT n 1 Y Entries must be limited to work a %17 (Welk and cost data under change I Columns (1) through (5). Enter d/ X CF's*° --- • ..� I Contractor. Columns (6) and (7). Show All wr _ Column (0), Enter the difference Column (9). Show percent ratio o - - r-•- CONTH iT coups.tt190 TO *ATt COST 01 LNO" OCSCRIPTION 0/ ITEM YNCOYKa�CO OWMT, COST Pan TOTAL COST OYAMT. TOTAL cow WORK CO UNITYNII I'll Irl 1.1 f.1 tal Ia/ nl 1,1 III 1 Mobilization 84,335.o0 84,335.00 1002 2 Demolition 18,000.00 3 Earthwork 318,465.00 63,802.40 51% 4 Inlet Manhole 6,075.00 4,556.25 75% 5 Asphalt Pavement 11,448.00 6 Fence 16,200.00 4,050.00 252 7 8eoding 2,544.00 8 Form Soptago Facility 11,424.00 571.20 5% 9 Form Control Building 11,424.00 10 Form Parahall Plume 11,424.00 11 Place Stlptage Facility 6,038.o0 12 Place Control Building 6,038.00 13 Place Parshail Flume 6,038.00 14 Form Digestor• 120,469.00 90,351.75 75% 15 Form Clarifier i 1 71,242.00 31,310.00 44% •482 16 Form Clarifier d 2 132,309.00 63,310.00 17 Form Sludge Pump Building, 45,696.o0 18 Form Other 11,424.o0 19 Place Digestor 63,675.00 47;756.25 75% 20 Place Clarifier # 1 37,6%.00 11,297.00 0 30: 21 Place Clarifier S 2 699934.00 41,960.00 60: 22 Place Sludge Pump Building 24,152.00 23 Place Other 6,038.o0 24 Masonry 111,623.00 ` 25 Fabricated Metalwork 71,525.00 26 Rough Carpentry 12,084.00 27 Finish Carpentry 3#180.00 28 Roofing and Dampproofing 11,956.00 29 Building Insulation 5,088.00 - 30 Special Insulation Digester 11,702.00 31. Doom and Windows 7,377.00 TOTAL. OF COST COLUMNS y� r.• I 1 { { I "gotCOiT wNraeer eoN�•/.crwruaAre OYANf• cOST UNITE^ TOTAI UNIT 4091 gVAN f. TOTAL EOLT MY. • OL/CRIiT10N 0/ ITEM YNCOY�1Lo►ilLO FORK COMB 111 1,1 1,► 141 111 1,1 Ir/ 1„ 1,i i 32 Painting 13711376.00 33 Ht Exobange Ciro. Pump 1,120.00 34 Boiler Ciro. Pump ' 1#078.00 35 Waste Activated Pumps . 17,211.00 36 Digested sludge Pumps 19f818.00 37 P61ymer Pumps 7i077.00 38 Septage Transfer Pampa 14;618.00 39 Activated Sludge Pampa 114iO3.00 40 sludge Recira. Pump 30877.00 41 Sludge Belt Press 93,981.00 ' 42 Rotary Screens . 32,502.00 43 secondary Clarifier Hach 129,761.00 44 Aeration Equipment 72,692.00 45 Sludge Heat Exchanger 16,908.00 ;� 46 Aerobic Digester Blowers 70,030.00 47 Aeration Basin Blowers 47,254.00 ' 48 Automatic Composite Sampler 8,527.00 49 Polymer Equipment 13,877TOD . 50 Laboratory and abop.Equip• 309528.OD $1 Diesel Engine Generator get 12,720.00 52 Truck and Trailers 159,586.o0 53 Chioriastion system 14,150.00 54 Secondary Clarifier Dome 119,278.00 55 Belt Conveyors 73,05D.OD 56 Underground Pipe 310,500.00 194,982.0 632 57 Aboveground Pipe 250#131000 31,752.0 12. 58 HVAC System 127,200.00 59 Plusbisg, Nino. Piping & :•! C j2,400.00 60 Insulation & Heat Tracing 19,080.00 61 Aerobic Digester Holier 15,600.00 62 Electrical 304i319.00 7,607.91 2.5 0 over Egoavation �• 2,10D.00 2,100.0 1002 OF COST COLUMNS FTOTAL 3, 99,51g. 779,741.83 L - v.co—afr ow .V1 — - - — - - --"Pl 0"5 SIR &SCHEDULE OPCONTRACT "CHANGE ORDERS kl:=chn=jqr iaSuqd so data of this #tqutsl even If �o work ADOITIOUS To ORIG."AL itWC T 1�;i one a" or more such 01,1VIA. CONTRACT PR . ICS FROM Cc TRACT. COMTkACl PRICE R COST OF C"AMOK AS SHOWN • CIIA1IG9 0401111 TOTAL COST up - DESCRIPTION ITEMS ADDED Be 040 R ITEMS 'ON CHANOC NO. OATS • CNANG9 ORDER COMPLETED 0409*5 • TO DATE I A Excavation 'Pending 34,'01 f So BackfLU 45,007 70 TOTALS 77.OT 2 0 So ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE. (a) Odslasl comoss amount 1001. 8 -pant of this I"" I 399. 9, (b) Plust Addidons Scheduled Is Saturn 4 abom - Pend 11 5.00 0 1 ;7 (0 Least Deductions scheduled is column 6 sbapp -0- (4) AdJusted counsel amount to date 3,599,51S.Or- 4. ANALYSIS OF WORN PlEfronillio b) Cex 111 «I61se1 Seatrxt wont pdormgd ro date Ivor. f e acne o1 rate tom) 779,741.83 V (b) extra work Informed to date tool. 0 above) (o) Taal foot of armis performed to date (d) Least Assumes rossigma in accordance whig contrast I*,= (now 6@!b Persons @Re (0) was amount sairsed as Congo" walk go des 711,089. (1) Adds Magal" aimed St Steel Of this PIdOd (Allath detailed schedule) to) Sulsimal of 40 And M 0) lases Amapa of previous payments 47A RI Is 6 0) BALANCE DUE THIS PATIENT 109 97R 9% S, CERTIFICATION OF CONTRACTOR Allafdla q Id h a karat a" "s 0 aMow, eta be got 4 this P'Lledle le has a u 4.- bh. aqua -a- - '.he. -be 1-10•8 1. ah" se performed 0. - M .. has b.l.. -a by ,I. P.,IWW h be / material ." 10--i".., i Died brad his pars, sa a a *0 a a Pit 0 , H Dus 4lbe of .. 4C rears 'm del -a- d dev I. 'I-. true ad Cetraer are b • that of IN 0 do IN .1 St. .0 IS. I- P-� has has. Called. d.1 so, r. a.(tC*MrtWwhb all elm IsIxtrprovisions of so0coarna. b. C3Complild wish all the labor provisions of sold contract @Xcop in here largeness ah", as hoot" hd, S, $Pact to sold labor prowlilais, (1116) to shodhods do*artbo totally nature 0# dispulf.) spore *zists Ith Va. BROWN & ASSOCIATES, J.V. Br Sept. 08, .190-1— Title 6. CERTIFICATION OF ARCHITECT OR ENGtHEEN Lgenity that I have shifted and verified she above and foregoing Periodic Lorimar@ to, Partial PS1qfttj that go the be el my .10!0.8"d belief It Is a seat and correct 91sleffics, at work peticNaNd sn414v major,*, supplied the contractors #it fork - I :: all 0010121 169lud0d is chit Perledle- Estimate has been inspected by me and/or by my duty authorized mprosentoll" a assistance and that is hay been domed and/or supplied in lull accordance wills requirements of the reference contracts and rift 'P.AVIAZ iffil jai do &led by the coattector Is correctly computed on she basis of work performed Sadler mete. J jAftbIt#zg sr eAghwed Dole-- t, N 7. PRE -PAYMENT CERTIFICATION BY FIELD ENGINEER eflooft lips 0 Persons satisfied, r3thavrebacked this estimate sitsinst the contractor's Seloteble ofolmmmo for Contract ps enjm.jh@zacgfAdRpotIsojm? ins 010cf, and gibe Petiofic reports submitted by the m-thjjqcj1enjtjnrcr. ll"im. my opinion that she alsomem it 1,0,74110" al cr iortords /Wetaittills SugPlied is accussre. that the contractor if observing the gequiremems of the coaj#&cj8srA a Sul I contractor $%cold he paid t 0 stilount requested above. 'Of fortliny therall.work Andfor m2tC81219'endet the contract has been Isapt.wd by me and that it has beta preformed and/or sup. plied fullacedid. . with, lrvqu;arWwms of the console. c 67 V. L - 1.11,11 - - - - - - - - - - l� (p'S KENAI PENINSULA BOROUGH p t� BOX SSO • SOLOOTNA. ALASKA 99669 t" +u PHONE 262.4441 �! DON GILMAN C, RA MAYOR September 8, 1980 Mrs. Janet Whelan, Clerk City of Kenai Box 580 Kenai, AK 99611 Dear Jan: Here is a list of election chairmen/judges we are using this year. We will leave it to the chairmen to draft counters as needed. Kenai #1 Francis Meeks, Chm., Box 424, Kenai -. Betty Osborne, Box 3003, Kenai Mary Regelin, Box 4065, Kenai Cheryl Carson, Box 1839, Soldotna Kenai # 2 Marion Delahay, Chit., Box 2838, Kenai Hazel Kampen, Box 2718, Kenai Sharen Raymond, Box 32, Kenai Norma Bielefeld, Box 46, Kenai Kenai w3 f Vivian Raymond, Chm., Box 1262, Kenai Barbara Hultberg, Box 4188, Kenai Judith Violette, Box 1382, Kenai Louise Rhodes, Box 327S, Kenai Best of Luck! r• CITY OF KENAI "Oil Gear" 4 4"„ P. O. WX $90 KINAI, ALASKA 99611 TILIPNON! 080 • 7508 September 12, 1980 TO: Mayor and Council of the City of Kenai FROM: Jan Taylor, Secretary to the Planning and Zoning Commission SUBJECT: Request for Vacation of Right -of -Way in Old Kenai Townsite, East Addition, Lot 1, Block 5 - the adjacent 30' of Lake Street The Borough Plat Committee reviewed this request and approved it at their meeting of August 11, 1980. The Kenai Advisory Planning and Zoning Commission tabled action on this at the August 27, 1980 meeting and requested the -1 Administration to bring in a contour map showing the land in question and the lot located below this property. The Planning 'Commission denied this request at the September 10, 1980 meeting after review of the owner's reasons for the vacation and a contour map. The Commission was concerned about encouraging development on a lot so close to the bluff as it is eroding approximately 1 a feet per year and in the past 30 years has eroded approximately 70 feet. Also, the Commission felt that if the vacation request was granted, the total right-of-way should be vacated not just 301. If the vacation was granted, the lot below the bluff would have no access except by the Kenai River. Ben Bragg, who is representing Mr. LeDoux, called on September 11 and the above reasons for the denial of the vacation were explained to him. He stated that he would notify Mr. LeDoux to see if he planned to pursue the matter. Mr. Bragg did state that the owner was requesting the vacation to add the land to his property so that he could develop it. jet ...... . ..... j� 0 I m3nincuily. - AGF':uA AM: AL OF MI :UMS - kVirit 111 2980 Coraissiorer Glick, seccrded by Comissiowe Main. moved to approve the minutes of A.u4Tst 111 1980, as subnitted. The :.motion carried unanirwusly. AC!•% -:)A ITEM D: PSLIC kc-RM Itet DI: VAC4TIC% Ir.T.1Cti Ili OF WE SMM - M TCM`SITE, fA A ADDITI0, 111E s: srr REXPT STA 0: P.;blic Xotice was palished in the August 24 and 21, 1980, issues of the Pe:.fasula Clarion, ad:eriis:a:g this pt: hearirg being held tonight. Notices of the pudic fearing, a vicinity t;V and a copy of the letter of titicn were sent to eleven interested parties andlor property gwners a3ja:ent to or within 3C0 feet of the petitioned area. Seven return receipts have been re_eived. STAFF R°CC6:=—MAT1C5: Approval subject to the rollcu-ing conditions: 1. A plat being Prepared by an Alaska Fegiste. Land Sur:eyot, t. approval of that plat by the Plat Cxrittee and filing of said , plat in District Recorder's Office. 2. Plat Cc-: ittee standard staterents as set forth in Kenai Peninsula Berou;h Planning Commission Resolution 78-6. • EJ CF STAFF R! .RT. fir. Labahn real the staff report noting that the vacation has tat yet been before the City Advisory Planning Cocnission and that the City Council has 30 days from the date of decision to veto tine action of the plat Committee. Mr. Labahn point:-d out that this vacation involves only half of the right- r- of-.3y, being the western 30 feet of that portion of Lake Street. The vacated area w:uld ac:rue to the adiaceht lot o:.ner. There is a 4+ acre , tract lyi^b to t1e south of the proposed vacation. About 751 of the tract is actually below &e bluff. Chair--= Jacobs asked »fly the w1wle right-of-way was not being vacated. Mr. Labahn replied that it appears the remainder of the right -of -nay would { be the only access reraining•to the parcel located to the south. Oudrman Jacobs opened the hearing to the public. There being no one present to give testimony, Chairman Jacobs closed the public hearing. Ccr_r3ssioner Glick, seconded by Commissioner Douglas, droved to approve the j vacation of Lake Street in the Kenai Townsite, East Addition. A mil call vote was taken and the motion carried unanimously. AGBXA ITLM E: SPECIAL COKSIDERATIMS: Item E-1: PI%AP.D PLATTING WAIVF3I (A.S. 29.33.270) TrE S:.Fr F3CRT SsATO: Read owner's letter dated ,mVs t 9, 1950. SAFF Tt` t^.:..ICti: Denial of the platting waiver re,uest as the recuirener.: � of A.S. 25.33.170 a-: hss not been zed r is portion of the Alaska Statues states that "each parcel is five a: -_sin site or larger.. All ether criteria re:.:-.._ b:: A.S. .'.33.:-, ::a.e been satisfied by the applicant. VIC •e.:l:e owner's letter. acting th-st the Owner ind--cate3 :e is :t;; : - a p:z::=g wa.-ver tit tar A-5.:9.33.170. The 5-,; loot A.S.T,.S: pia: s.4: '::e:In `.:tier.:-er of is-.. -e is;:•:posing it to be rnii: it or-er to Fiveha:: -f:Le ; rpa: ^ :o a Sister x3d L.e A.-er vatt es: to s'=-ass the _.= =a. st2: ; tte .e33cr5.eac Off Lh'3 a 'race been .isf a3 !S• r :a=�= ;:ate_ ...:.y ;.a:'iea:ar pro.ier !!-a s-a:f saw was-v:th a•2'ofL~e St:-,::!5-_,i=:.tes i&Ic. :er-tares that ell pa_e.c being ereate3 tr.--r th°s p -.r.sicn sta: '.r at S a~ts it size-Tn _.is situatier. L�� ar::.rai tract ;-i_'er ee^si'.e:a:io•r i='��s L*a 5 .._-es. 1 I f r PO. n0X 243 SOLDOTNA. AK. 99669 (907) 262.9177 October 26, 1979 Xenai Peninsula Borough Planning Commission P. O. Box 850 Soldotna, Alaska 99669 Dear Commissioners: This is a request for vacation of the right of way in the Old Kenai Townsite. The legal description of the property to be vacated is: (a) Lot 1, Block 5, Kenai Townsite Addition and the adjacent 30' of Lake Street is to be vacated into -the aforementioned lot. (b) The reason for this request is that Lake Street is a 60' right of way that runs out to the bluff where there is at least a 70' drop to the Kenai River with more than a mile of tidal swamp before access could begin again on the other bank of the river. Lake Street will never extend beyond the bluff so with no passage possible, the land's highest and best use would be something other than a 60' right of way to nowhere. In other words, the right of way is unusable because of topography. (c & d) Enclosed please find signed letters giving consent to this action for the following property owners: Hildegard E. Fowler, Bogle and Gates, Gordon and Margaret Brewies and Elmer L. and Leota Mae Knudson. :also encicsed is a c ec'r. cr 3 00-to cover the costs of this rAgaest. If you should have any ;::estions or all of the requirements are not —.et, please let me raow. 71*1 EN EFA`G'G =B/ct ;^closures • t MEMORANDUM i TO: Kenai Advisory Planning and Zoning Commission FROM: Jane Gabler - Borough Planning Department DATE: September 10, 1980 RE: PLANNING REVIEW REQUEST: Vacation of Lake Street, Kenai Townsite, East Addition Applicant: Hr, Clarence Ledoux Sr. thru Beluga Realty Inc. Location: South of Peninsula Ave. & Lake Street. Size: 30 ft. R.O.W. Vacation Past Advisory Commission Action: Tabled at August 27, 1980 meeting. Requested a a contour map. Borough Plat Committee Action: Approved unanimously at meeting of August 11, 1980./Ip> (See minutes. Analysis: Points to consider upon reconsideration of this vacation: * Is 30 ft. R.O.W. wide enough for access to the parcel south of Lake Street? * The parcel south of Lake Street would be land- locked if Lake Street were to be completely vacated. * Willow Street has been previously vacated. (Plat lt77-76-Vacation & Replat of Lot 1, Bik. 6 and Lot 6, Blk. 1) / rl �1 As► AQnCB oijas rune ►ii*Is#oa•It,• A I/o � 1 • � t' ii t i�A C4r:J01 n IL f • � � 8 ,Ary�� i rd yrd 1a ►► 12 13 I y 9 10 ad as aDdi• � . 6 a ld I �d dd o r?Z 1 Jprr ..b._--AVENUE R as ao' A r 8 �»• W. 6 Q v Q• fps 10 go, 13 16 !o• aowe ' --- D/ CROSS HATCH AREA ' 10• o !o a0 do 2 ► REPRESENTS PROPOSED 4 3 R.O.W. VACATION • ••- A A R w '.• n µ' b .Ir+ 0 'A l� 1t' SEG! ►«.iw:./!• � s�?!•' Jf :O?!� �.. NJ- , fops 7d hd• ' -t ♦ EA`•h il a,I St..! •A n•4o., s i dy /^.P..4LLl. h 6 fa op4ffp 4 o�r)r•I., �.•• • •' •' + .. J rLL/orr O. I %. :1, . t: A::,NAL ..i l:/, i •7• 11 r.,!r to r, ,9, rl5.; i •i CIJ4i .�[",14L r?.�71•:f/lJ,; 'Ir:6 � is/f� :,L'.•f 11/ ,)' ,e :'A '•AA:t.•1i a •tea l.f9 f. •,. [•• �., srrf• { t.�• . 1 rru: t.':.•LY/D I'rtL,. ac �.. � 4:a r.,l ... �, , r., r•. [:!i/! CL••o.Crpr .•I'•./rp •:�:°. ••r :.:•n•ff•. r.r� 1 IAftl •: 41•112410, Arar....l ter.,... 1.... 0 1 e. r • r ' f R two foaY /0.11/OCPAnfY6M1'// C4YY/nr,/ •A/V . /COI,: 6l--letauY/y/ AE.A,41#raf l,n4 ,Ir.rf, Date 9 /17/li0 7 1r,•l,fct ;49, ��. G' NO. 2-o3n CONTRACT CHANCE ORDER-��-- Kenai Youth Cantor To 1c Yllllf.r9.J MazynnflA.9 Mazy Construction/4..4. 1 Rio. P. 0. Box 758 Soldotna, Alaska 99669 1 hfnae 01•lfr No, 1 You are hereby requested to comply with the (allowing than$#+ (tam the contract plans and apecificationss Item No, Description of thnnses • quantities, units, unit prices, char/$@ in completion schedule, etc. Jl nocr#ssa in contract price cop Increase in contract price 14) 1. Ramp Entry (not-to-oxcood) 8,262.00 2. Arctic Foyor (not-to-oxcood) 2,16S.00 S. Windows (not-to-oxcood) 7,635.00 4. Aitornate Furnaco (not-to-excood) 3,720.00 S. Intorior Partitions 0 0 -/1740 _ 1 X �k' i Clan$@ in contract prier due to thie [han$e order: Total decrease x' xf(3j Total increase (not -to -exceed) YX%%%XYX%XXXXXI S 21,7800 f 21,782 00 U/fe(ence hetwees l;oi. (1)...4 (4) :Gat (increate) Offwflft') contract I"flee The sum of f Z1, 7..82.00 is hereby (.retied to 1(dlNlkxrBlWiG1M Ilia tw.sl confuter Rice .trul tLe total a4)u�tad coatuct pace to d.tte thereby I% S 446 778.-00 . The tine 1n,vi•le-1 hIr r.-1.pletenn m the -Off-( rs omch tor^ 1, rltxp,Yx-x, B4E6114kxxx by —Q.._. calcndar day .. Ibl'. d-Ic•um-nt sttaU li cent• In.leurn Ir,rot to rt.e r rentr Ire .,;.I Ail 11t", e„atrAet aI►t Arply herero, .tn r.t:r•t Ire: :r...,.rf Accepted ly ___ . _. Approv-4 trr- Jstf /r - gl I A . t e i a:xr _—_ IrIn11C1 NU. No. 2-A3p JUSTIFICATION FOR CHANGE i nlns� ui•br 1�0. "� - 1 1. Necessity for changes Items 1 and 3 involve changes to improve the exterior appearance of the building and to allow natural light into the building. Items Z and 4 will result in energy savings in the operation of the facility by savings in boating costs. Item S will result in smoother, more efficient building oporations and is at no additional cost to the City. 2. la proposed ehsngo an alrornate bid? [a We WHO 7. will proposed eh.nge alter the phya$cat %ire of Cho Irojoct? [] Yes M No Or "VON," explain. 4. Effect of this change on other prime contractors$ none 6. Has conwat of surety been obtained? 0 Yen Not necessary 6. will Ohio change affect expiration of errant of insurance coverage? n Yes LILy No If "Yes; 'will the policies 6e extended? No 7, Effect on oparallon and maintcnanae costs, Changes will result In overall savings in energy and other maintenance costs. rhur - tLu CITY OF KENAI ORDINANCE NO. 613-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN A NEW CAPITAL PROJECT FUND ENTITLED "WARM STORAGE BUILDING" BY $260,000. WHEREAS, the Federal Aviation Administration has awarded the City of Kenai a grant in the amount of $234,376 for construction of a warm storage building, and i WHEREAS, the City expects to receive a grant from the State of Alaska in the amount of $7,812 for the same purpose, and i 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 J appropriations be made: Warm Storage Building Capital Project Fund Increase Estimated Revenues: Federal Grant $ 234,375 State Grant 7,812 Transfer from Airport Land System 7 813 ,000 Increase Appropriations: Administration $ 1,000 Inspection 14,000 Construction 205,000 Contingency 3E000 Airport Land §Xstem Increase Estimated Revenues: Appropriation from Fund Balance $ 7 813 Increase Appropriations: Transfer to Capital Projects 7 813 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of September 1980. 11 VINO L R i ATTEST FIRST READING: September 17, 1980 SECO40 READING: September 17, 1980 EFFECTIVE DATE: September 17, 1980 Janet REM, y e—r—r Approved by Finance f�i, CITY OF KENAI eat 4 44„ ►. O. 10X $SO KENAI. AIASKA 99611 TRIR►HOUR 203 • 7535 September 10, 1980 Senator Clem Tillion P. 0. Box 373 Homer, Alaska 99603 Dear Senator Tillion, Since the Governor has called for a Special Session to begin Sept. 22, it is our understanding that it is legal for the Legislature to consider overriding vetos within five (5) days after convening. The Mayor, City Council and the City Administration are therefore urging the Legislators to override the Governor's veto of the Municipal Assistance Fund in order to restore 2.1 Million dollars for distribution to Alaska munici- palities. This fund was created by agreement between local governments and the Legislature. When the Legislature eliminated the Gross Business License Tax, the intent was that local governments would receive at least low of the Income Tax received by the State from General and Corporate Income Taxes during the preceeding year. If this would have happened, the Municipality would be receiving three times as much money as they would have received from the regular 13.5 million dollar Municipal Assistance Fund. We urgently request that the General Assembly override the Governor's veto in connection with the Municipal Assistance Fund. Sincerely, Gt� Wm. J. ghton City Manager WJB:kh I L -- _ _ __ _ __ ___ _ __-_ _ • _ -I MUNICIPAL f 104 iRANNW.--STREET i .0-N _ JUNtAU, ALASKA 99601 dlSeptember 8; 1980 -:... �N :11�8D i CONTACT YOUR LEGISLATORS - URGE OVERRIDE OF .BUDGET VETOES we Y 14a.that-the.-Governor has of4c.ialiy_.announced the special -session' -for "September: j .-Ii,. this is-a..reainder "to. contact :'your.local Leai.slaftes and ask-. them to override _ budget vetoes _ ii►: additi: to':repe�lf ng .the:-personefl__inc4me .teat.._. • It is -legal__ for _e Le�islatue to con ider'weto_ovpxrides within fiye.days.a£ter convening, even , thousit that subject is no't,4i1ted in the call for a special session. xli+s iattfi'ffto°fiiiat:.i sited i - 1. overoiaMU'.stateiwide is.,the reduction of .the = s stane:e tom • to 0 0 ..: ' er ii�oip*i-�Ass1"*nce'-Fund--w'as- created when' the: 'Legiaka�ture xapealed-the. grids .b1t iA ice�tse tax. ZmuiA. of local::governments' -automatically . receiving 60%. { �� si °tits:aq+asa bucouected within siness.:license .:fepa their boundaries, the, ;law i __ .. a4 �iw43tlatnre to _appropieiate,to tire. MimicipaiAssistance. ituad' nan : [Y og. patto than. 10%,.6f•she. #ricomo, tax revenue ,teceived by the ..Spn'°tal.an "petroleum corporate ineome. taxes Auxins.the_proceeding i",",-.to the., is 1¢ttex.,of intent that acctm�panied,the;"repeal `of -the g #RfsiiieA 'license tax :attd. the,. Tott"i*i of . the .M icipal :Rasi'stancea Fund; ;1ooi� .#oYe lsytt0-were..suppo ed. to $fit ,from the .new law... In'actual3ty,. - fir � ipa#i s o t -, t :the -exchange:- _ ..- -.. __ ... ._ 3a PY f 79, 'the ju; yeas apexating under a. guaranteed percentage ' e>f the , gross ! ttAess 1t#c,+tise t&* am►icipslities "received $ig,349,000. ;. Fein FY 1.$0 the Legis l' %4; t--q oFiriatesi only �4Q0 004;:" In-ti►e _FY. +81-budget,-the-_" Legislature ' :_'c�se_d..tia__+ot _ sit ghtlx".but th:4t. sell ga#i�.,xas....lost::Ni,th_ tits _Governor . veto._ :.furs-drat+d:-, jY -0 .Orpo3rate. incone .tax, according to -one- set pf. , 1►irpjeCtieos, eft osti"ted at $4iy; 000 000-for,'FY *.80 •t_ he local - government share r 1 -' r sbouid-flavor bsail at e"W f 41 100, 000�) ; .. _ ... _ ... _ xv. mw mats tot --see Ala 1Ws -Oi.l wealth frittered: away ,can unnecessary programs. . — -----= 1'ibt#si►tuu�hs; - hogaveir;he�tred-adrsble �resti�=[int iYr the i'ggmatfon +sf -the-` 1 --was-no need -.for- any *hoes since-.- there -A& -more_ than enough- _ .... _ ---: stirrer-nniauea; to cover -tire exs=--fact;-revised�st#nistss-for ,t revues; -are" -even higher .this ..those-ind_ireted during the"aiudgot process last. t Pxehse urge yoeir•Legislators to, restore the,;2.1•million%to the Municipal Assistance -Fiord 'and: -to override other vetoes that affected proji3cts _in "your area.." In addition, leanj�, let -'the AML office &6-1.32.5 or M86�-6S2Ly. - know. what' kind of'rapponse you get. CITY OF KENAI .., " Od eapdal a/i 4"„ ►. O. BOX $80 KINAI. ALASKA 99611 TIMMONS 293 • 7533 September 10, 1980 Mr. John B. Farleigh Executive Director Alaska Public Utilities Commission 1100 McKay Bldg. 338 Denali Street Anchorage, Alaska 99501 Dear Mr. Farleigh, It appears that Homer Electric Association is indirectly requiring that the Alaska Public Utilities Commission give them permission to revise their rate structure as it concerns Kenai, Soldotna, Horner, and Seldovia. The restructuring of the rates as they exist will automatically increase each of these city's rates by an average of 37%. These rates were originally agreed to by the said cities and Homer Electric Association. We would like to go on record as opposing Alaska Public Utilities Commission permitting Homer Electric to re- structure their rates because of the exorbitant increase that would result. For easy reference, please find enclosed a copy of the letter from Homer Electric Association to your office. Sincerely, W r Wm. J. /ighton City Manager cc: Mayor O'Reilly and Kenai City Council Enclosure WJB:kh •'" ,�s ]EZomor Islectric Assgociation, Isar. + P.O. BOX 429 ■ HOMER, ALASKA 99603 r 4907) 235-8551 August 28, 1980 RECEIVED Mr. John B. Farleigh BY CI-Y ADM KCTRATIGN CITYExecutive Director Alaska Public Utilities Commission 1100 MacKay Building 338 Denali Street Anchorage, Alaska 99501 Dear Mr. Farleigh: When Homer Electric Association acquired the Kenai City Light system in 1971, it was agreed between the City of Kenai and Homer Electric that the kkWWb and jL1 usage of each meter in the City's name would be combined for billing purposes. This meant that all kith and kW usage would be treated as N it were all on one meter. Primary advantage was to the City, as most usage would be in the lower cost, tail -end blocks. In 1972 this billing method was extended to the cities of Soldotna, Homer and Seldovia. These four cities are presently being billed in that manner. All other consumers are being billed on the basis of one billing per service point (each meter and each yard light) . y i� i Since Homer Electric is filing for a complete revision in its rate structure, we must ask if the method of billing described above is correct. There are both pros and cons for the billing method. Reasons for maintaining the billing method are: 1. Saves each City quite a bit of money. 2. Any increase in costs to a City results in the taxpayers paying more. 3. The Homer Electric proposed rates (TA 21-32) are based upon this billing method for the cities (but not for other consumers) . 4. Precedence has been set since 1972. Reasons for changing to individual billings for each service: 1. Cost of Service Study (Supplement A to TA 21-32) does not support a combined billing method. 2. Combined billing method could be construed as discriminatory since no other consumers have it. 3. Combined billings may discourage energy conservation. 4. Combined billing requires manual handling by Homer Electric, therefore, is more expensive than individual billings. i j, { Mr. John B. Forleigh, Exec. Dir. Page - 2 August 28, 1980 Alaska Public Utilities Commission The attached Exhibit A shows a summary of the billings as presently billed, and as billed under the proposed rates. Under proposed rates, Exhibit A shows the impact of the services being individually metered as opposed to combined metered. We are asking the Alaska Public Utilities Commission for either approval of the combined billing method or denial of the method. If you feel the answer to the question rests with Homer Electric, please advise. Thank you in advance for your assistance. Sincerely yours, BKIV: em Encl. cc: City of Kenai City of Soldotna City of Homer City of Seldovia 'ION, INC. R i t i Exhibit A i Homer Electric Association, Inc. Municipal Billing Summary ' (Kenai, Soldotna, Homer, Seldovie) August 28, 1980 Typical Average Monthly Billing Kenai Soldotna Homer Sel_ dovia Total Proposed Rates (Combined Bills) $ 7,249 $3,587 $5,159 $1,497 $17,492 Present Rates (Combined Bills) _ 5,303 2,505 4,126 1,087 13,021 Difference 1,946 1,082 11033 410 4,471 i Percent 37% 43% 25% 38% 34% j Proposed Rates (Separate Bills) $10,337 $5,435 $8,037 $1,544 $25,353 Present Rates (Combined Bills) 5,303 2,505 4,126 1,087 13=021 Difference 5,034 2,930 3,911 457 12,332 Percent 95% 117% 95% 42% 95 Proposed Rates (Separate Bills) $10,337 $5,435 $8,037 $1,544 $25.353 Proposed Rates (Combined Bills) 7,249 3.587 5.159 1,497 17,492 Difference 3,088 1,848 2,878 47 7,861 �' 'r T1 - r _ ,._ _ _ ram,. - I_ f September 12, 1980 CITY OF KENAI 1110d cap" a ,qua„ ►, 0,10% NO KENAI, AIAIXA 99411 T11,1►NONE 283 • 7533 TO: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting September 17, 1980 SHOP ADDITION AND LURE RACK Alaska Boiler and Heat Exchanger Service, Inc. is waiting,, on some materials before completion of this project. This project is very close to being completed. SEWER TREATMENT PLANT Brown Construction Company and Tanana Mechanical have increased their working hours in order to get back on schedule. The walls and pillars for the aerobic digester have been poured, and the concrete walls for the clarifiers have also been poured. SEWER INTERCEPTOR LINE The City of. Kenai has received the EPA grant offer and has received the approval to award the contract to Tam Construction. Tam Construction Company has been contacted and we are presently waiting for them to get their performance and payment bonds along with their certificate of insurance. Once they have obtained these items, we will have a pre -construction conference and issue the Notice to Proceed. In talking with Tam Construction Company, they have indicated that they plan to start work as -soon as_possible. SEWER TREATMENT OLTFALL LE'ii The -City has just submitted the grant application for the Outfall Line. C112DIHill has submitted some preliminary sketches for this line to PF,C and l?PA. They are presently working; on a final set of plans and specifications. What's Happening Report Page 2 September 12, 1980 1890 KENAI AIRPORT ELECTRICAL IMPROVEMENTS ►Je have received final approval from FAA to issue the Notice to Proceed. Coastal, Inc. started work on this project on Monday, September 8, 1980. Their subcontractors that are working on the project are Air Tek and Harley's Trucking. They have been taking up the asphalt and starting on the building for the emergency generator. FIDALGO SUBDIVISION STREET IMPROVEMENTS Quality Asphalt's subcontractor Zubeck, Inc. has been putting in the water and sewer lines for the Fidalgo Subdivision Street Improvements. Great Northern Construction has completed the majority of the excavation on this project. KENAI SPUR FRONTAGE ROAD Doyle's Excavating and Construction has been awarded the contract on this project. They are presently getting their performance and payment bonds and certificate of insurance. As soon as these items are obtained we will be having a pre -construction conference and signing the contract and giving the Notice to Proceed. Doyle's Excavating and Construction should be starting work on this project sometime next week. WARM STORAGE BUILDING The City of Kenai has received the grant agreement from the FAA for the construction of this warm storage building. Alaska Boiler and Heat Exchanger Service, Inc. has been awarded the construction of this building. They are at this time trying to get their performance and payment bonds and certificate of insurance so that a Notice to Proceed and a contract can be signed. FAA will more than likely attend the pre -construction .conference and approve the signing of the Notice to Proceed after the contract is signed. The grant allocation that was in the packet at the last Council meeting was wrong. 40' x 130' has been changed on the grant to CITY ADMINISTRATION BUILDING 40' x 1401. The steel for the City Administration Building has arrived and Omni North is presently installing it. Omni North has been receiving quite a few visitors on the project and has required Visitors to check with the project superintendent and receive a hardhat for inspection on the project. This is being done as a safety item to prevent any possible injury to the public. DOT/PF WILLOW STREI'T Quality Asphalt and the State have not been doing much on this project. They are evidently working on ►•filler Loop Road. - i What's Happening Report Page 3 September 12, 1980 KENAI YOUTH CENTER G.S./Blazy Construction have been awarded the Kenai Youth Center building project. Mr. Ron Rice and the Parks and Recreation Commission are still negotiating with Mr. Blazy on this project. There is a Change Order No. 1 listed on the agenda .for the Kenai -Youth Center. This concerns the handball courts and will be presented to Council at Wednesday night's meeting. It is not available at this time because the negotiations are still being carried on. Mr. Ron Rice and the Parks and Rec Commission have been handling this project up to this time. Once the negotiations are over and a decision has been made as to which way, to go, they will be bringing in the drawings and specifications and we will be entering into a contract with them. Because of budgetary problems, the City Administration has decided to use some Public Works in-house force account work for hauling fill to the Youth Center. This presents somewhat of a hardship on the Public Works Department but looks as this is a necessity to keep within the budgetary limits of this project. CEIP ENGINEERING MONIES The City of Kenai has just received a grant from CEIP for planning and engineering on !lain Street Loop and the Loop ' behind the High School which includes Tinker, Lawton, and Walker. This grant offer is from an application that I made many months ago. The grant offer states that the engineering 4 has to be done by February 28, 1981. It is hopeful that there will be enough money left over from the 2.1 million dollar allocation for streets that Main Street Loop can be constructed. It is also hopeful that the legislature will deem it appropriate to allocate additional monies for the Loop behind the High School plus many additional streets. I understand that there will be a meeting concerning State grant monies from Juneau to be allocated by the next legislation. - ENERGY GRANT The City of Kenai has received an energy grant concerning the -- heat exchanger in the new City Hall. This grant offer is also in this upcoming Council meeting. ATHLETIC FIELD FENCING F Peninsula Fencing has started on the three ball fields next to the Mukluk building. They are also working on the new ball field in the old municipal park. There is an area in this park where the fence construction will have to wait until next year. This is because of clearing and grubbing and also 4 the hauling in of fill material. F rr What's Happening Report Page 4 September 12, 1980 TOPO The City of Kenai has received blueline copies of the ten additional quarter sections that have been contracted out with USKH. The City has also received a photo mosaic of the City which will be presented to Council at this upcoming meeting. The plan is to have this mosaic framed and ready for installation in the new City Hall. MINORITY BUSINESS ENTERPRISE The Minority Business Enterprise Plan and Directory have been completed. I understand that there have been some minor changes necessary inthe plan and Mr. Delahay is working with FAA on these changes. SECTION 36 The hold up on development of Section 36 has been funding for the engeneering planning for the surface water drainage system. If there are no objections I would like to apply for CEIP grant money to do this. KK/jet M�. BALDWIN & TAYLOR ATTORNEYSAt LAW �H BALDWIN POST OFFICE BOX 4210 1 KENAI ALASKA 99619 M h 283 1167 September 9, 1980 City of Kenai P. O. Box 580 Kenai, Alaska 99611 Attention: William J. Brighton City Manager RECEIVED I'-�+'i!NO By C1" ADMINIATpAT1QN &;Iry Us?IIBNm WAI L f R TAYLOR. III Re: Lot 11, Alyeska Subdivision Dear Mr. Brighton: I represent Jack Thompson, the Lessee of Lot 11, Alyeska Subdivision. Mr. Thompson was notified by the City of a proposed increase in his lease rate effective July 1, 1979. He has retained me to assist him in his negotiations with the City of a new lease rate. „- r The lease rate proposed by the City was $0.076 per square foot. This figure was apparently arrived at by multiplying 1.5 times the lease rate of $0.051 per square _ foot as determined by a 1977 appraisal by Verne Frykholm, Jr. In 1979 that property was again appraised by Mr. Frykholm, and the lease rate established as $0.081 per square foot. For reasons outlined in a letter to Mr. Thompson dated March 28, 1979, from the City Manager of the City of Kenai, the figure of $0.076 per square foot has been previously determined by the City Administration to be the appropriate measure of value for the property. Mr. Thompson does not agree that the above figure accurately sets forth the appropriate rental value to be applied to the lot in question as of July 1, 1979. In February of 1980, the City Council and Mr. Thompson ' came to an agreement with regard to the fair -market value of Lot 10, Alyeska Subdivision. The fair -market of that lot as of July 1, 1978 was determined to be $1.40 per square foot. That lot is superior in location to Lot 11, which is valued by the 1979 appraisal at $1.35 per square foot, and which was valued by the appraisal in 1977 at $0.85 per square foot. I would like to suggest to the City that in U r� r1 _ 0. City of Kenai September 9, 1980 Page Two our attempts to negotiate the Lot 11 rental rate, we begin with the 1978 value of Lot 10 as agreed upon between the parties, and seek to determine the value of Lot 11 relative to the value of Lot 10. We can do this by comparing the various appraisals which have been made upon the lots over the preceding years. Below is a list of those appraisals and the respective values of those lots as determined by the appraisals. Appraiser Appraisal Date Lot 10 Value Lot 11 Value Frykholm 1979 - $1.35/sq.ft. Frykholm 1978 $2.50/sq.ft. Frykholm 1977 - $0.85/sq.ft. Hillas 1975 $0.65/sq.ft. $0.42/sq.ft. As can be seen from the foregoing, the 1977 appraised value of the Lot 11 is 34% of the 1978 appraised value of Lot 10. The 1979 appraised value of Lot 11 is 54% of the 1978 appraised value of Lot 10. The 1975 appraised value of Lot it, is 65% of the 1975 appraised value of Lot 10. Depending, then, upon which appraisals are used, Lot it should be worth 34%, 54%, or 65% of Lot 10. My client would suggest that although both the 1978 and the 1979 appraisals reflect inflated values which resulted from the boom psychology of that period, they nevertheless accurately reflect the relative values of the two lots. They were performed by the same appraiser, using similar comparables during essentially the same type of economic period. If the City agrees with this assessment, then I would suggest that we can agree that the fair -market value of Lot 11, as of July 1, 1979, is 54% of the agreed upon value for Lot 10. This would lead us to a fair --market value of $0.756 per square foot and a rental rate of $0.04536 per square foot for the five-year term beginning July 1, 1979, resulting in an annual lease payment of $1,020.60 on Lot 11, as compared with the present lease rate on Lot 10 of $1,873.80. Although it is almost double his present lease rate, LIN �4 s i City of Kenai r September 9, 1980 E Page Three i+ 1 Mr. Thompson offers to pay the above sum to the City as rental for the succeeding five-year period. If I can in any way clarify the foregoing or answer any other questions, I would be happy to do so. Thank you for your consideration of this proposal. Very truly yours, C. R. BALDWIN Attorney at Law CRB:jh cc: Jack Thompson P. 0. Box 654 Ashland, Oregon 97520 E I R I E� BALDWIN & TAYLOR ATTORNEYS AT LAW C H 1)Al OWN POST OFFICE BOX 4210 I KENAI ALASKArr*1` WAllfRIAVION.U1 19011 ze3 7167 September 11, 1980 City of Kenai i P. O. Box 580 Kenai, Alaska 99611 f Attention: Ben T. Delahay City Attorney He: McNamara 8 Associates, Inc. Dear Ben: In accordance with our various conversations over the - preceding two weeks, I have recommended to my client that it agree to settle its dispute with the City of Kenai over ; the bond proceeds held by the City by agreeing to the retainage by the City of $3,200.00 for tie -down fees. My client has accepted my recommendation and has authorized me to make such an offer to the City Council, but has instructed c me to impose a deadline on the offer of Thursday, September 18, 1980, at which time the offer will expire. This is an offer of compromise only and does not constitute an admission by my client that such sum is owing to the City. As I indicated to you previously, I have advised my client that in my opinion, the $25.00 per day which the �.t City has sought to charge my client is a penalty which, even though my client may have agreed to, may be disregarded by a court in favor of a lesser tie -down fee because of r the general law of contract, which states that penalties are not enforcible. I have further advised my client that in the event a court were to uphold the $25.00 per day as being a reasonable tiedown fee, as a result of the cloud imposed on the title of the aircraft by the Internal Revenue service lien which was not extinguished until February 7, 1980, my {-- client has a reasonably good chance of avoiding that portion ' of the tie -down fees which the City seeks to assess for the f period prior to February 7, 1980. 1 Based upon the foregoing factors, as well as other factors which we have discussed, I advised my client that t i ILI I A { r I' 4 .. .i City of Kenai September 11, 1980 Page Two n I � 1 its probable exposure to the City was between $768.00 and $2,400.00. Obviously, the attorney fees which would be involved in litigating the above issues would run far in excess of the actual amount in controversy. It is for that reason that I feel it preferable for both sides to resolve the issue on an amicable basis. I appreciate your efforts in assisting me at arriving at a figure which we can both comfortably recommend to our clients as a basis for settlement. Very truly yours, G*` C. R. BALDWIN Attorney at Law CRB:jh .. - .. -.- } �.._ , _ s _ _ . ..TA �. - r �� .-.�- ice• �'_ _�_, KENAI HARBOR COMMISSION P.O. BOX 580 I KENAI, ALASKA 99611 AGENDA - AUGUST 19, 1980 RFGULAR HARBOR COMMISSION MEETING: August 19, 1980 - 7:00 p.m. at the Public Safety Building, Kenai HARBOR COMMISSION MEMBERS: Mr. Robert Peterkin, Chairman Mr. John Williams, Vice -Chairman Mr. Tom Ackerly Mr. Tom Wagoner Mr. W. M. Burnett Mr. Ron Issacs Mr. Marvin Dragseth EX-OFFICIO MEMBERS: Mrs. Betty Glick, Councilwoman Mr. Vince O'Reilly, Mayor A-G-E-N-D-A 1. Call to Order 2. Roll Call 3. Approval of Minutes, July 29, 1980 4. Introduction of Guests (a) Preference Rights Aop i ation for Tidelands & Submerged Lands 4 City Attorney, Ben Delanay Waldo & Ruby Coyle MMareS�teptlens & Roger Maggard, Div. of Community Planning/OCM Grant * a*,4 04.4,e -r" _, (o) Consulting Engineers- non4. �c�sa•t 5. Communications (a) Akk. Assoc. ofHarbormasters & Port Administrators, Inc. fficoeA&-- (b) COE f 0 iF . August 19, 1980 Harbor Commission Agenda - Page 2 6. Reports Gary Davis ri) 9. ASSOC. OF ///�/$oR /�?/!! iW S •I- PART /i'Onf�N. ,sr*,/ -r&04 Natural Gas Task Force meeting in Anch., Aug. 7. 1980 (b) Aerial Photography/Photo Album (c) EDA - TA Grant (d) Harbor Commission/Council Worksession, Aug. 11, 1980 (e) 1974 State Bond Monies (f) Engineering Proposals/RFP's (5) MW V.- 7. Old Business (e) Seepetaay (d) 04#4 ee-Spaee 8. New Business (a) Wetlands Management 4n Alaska Reper 9. Persons Present Not Scheduled to be Heard 10. Adjourn Kenai Advisory Harbor Commission -� Regular Meeting, August 19, 1980 Kenai Public Safety Building Robert Peterkin, Chairman 1. CALL TO ORDER Chairman Peterkin called the meeting to order at 7:20 p.m. 2. ROLL CALL Present: Chairman Robert Peterkin, Vice -Chairman John Williams, Commissioner Tom Wagoner, Commissioner Ron Issacs. Commissioner Dragseth arrived at 7:35. Absent: Commissioner Tom Ackerly and Commissioner W.M. Burnett. Others: Ex-Officio member Betty Glick, Gary Davis, Ben Delahay, Charles Brown and Mrs. Brown, Hugh Malone, Waldo and Ruby Coyle, Mark Stephens, Phil Waring, and Bernie Huss. ` 3. APPROVAL OF MINUTES The minutes of July 29, 1980 were approved as read. 4. INTRODUCTION OF GUESTS a. Preference Rights Application for Tidelands and Submerged Lands (Waldo and Ruby Coyle) j City Attorney Ben Delahay stated the memo from Keith Kornelis approves and recommends approval of the change of scale on the plat from what is set in the Ordinance. The Ordinance states 1" = 100', 1" = 20', or 1" = 401. There is no particular reason for these requirements. _ The scale of 1" = 50' is clearer and gives more detail than V = 100'. ' The Commission can give suggestions to the applicant before it is approved so the final plat won't have to be changed. We have before the Commission the verified application of Coyle which is sufficient evidence that the applicants did use the property - --- before 1957. The application goes 200' out into the River. The Ordinance states what will be given to them is what has been used, occupied or developed, with such additional lands as are reasonable and necessary for the use of the occupied lands. Mr. Malone had given Mr. Delahay plats showing ` discreptions granted by the State. Mr. Delahay noted the Ordinance is in disagreement with the grants made by the State. The Ordinance by the City is almost word for word out of the States. What is reasonable an necessary is something that the City Council will decide. Something more {` than mere convience is required. �A� Kenai Advisory Harbor Commission August 19, 1980 Chairman Peterkin questioned if this would involve the 50' R.O.W. being this is a navigable waterway? Mr. Delahay answered not that he knew of. He added that he hadn't looked into it, but he didn't think that it would apply. Mr. Hugh Malone commented that the easement, if it applied, would have to show on the plat. Thla easement is a separate action, preference right is separate. Commissioner Williams noted there is a difference of 5' on the meander lines. Mr. Malone answered that he didn't have the calculations with him. The 200' distance was arbitrary. The amount of land is what the applicant feels is reasonable. Mr. Delahay explained the survey on the Coyle application is a continuation of their upland lot line. The idea of making it per- pendicular is, if you have a neighbor, he won't be on the land you claim. Commissioner Williams asked how the 200' figure was arrived at as a reasonable amount? Mr. Coyle referred to Public Law 85-303. He mentioned that the pierhead line has never been established by the COE. Mrs. Coyle added the grants made to the canneries, under Tidelands Preference, were 150' to 250'. They figured 200' would be reasonable. Commissioner Williams asked how wide the River is at that point, and would it interfere with navigation? Hr. Coyle answered that it was roughly 1/4 mile, and the COE wouldn't let them block navigation. Commissioner Williams asked if the Coyle's needed 200' to maneuver the boat into the dock? Mr. Coyle answered that this would include the dock. Commissioner Williams asked if historically the Coyle's have used 200'? Mr. Coyle answered yes, since 1957. There was general discussion on the property lines of the plat. IN -2- r Kenai Advisory Harbor Commission August 19, 1980 Chairman Peterkin asked if the City was satisfied with the documentation of the proof prior to September 7, 1957. Mr. Delahay stated the City has no objection, the Coyle's have verified their statement and no one here is contesting it. He added that it was not necessary to make a recommendation to the Council, only if there is an appeal. This is a Harbor Commission action and then goes back to submit a final plat. After the final plat is submitted, if there is no contest and no appeal by the Coyles or the City, it's just granted, the City Clerk makes up a deed and it is issued. MOTION i Commissioner Williams moved to grant the request for waiver of scale for the preliminary and final plats to accept change of the scale from 100' to the inch, to 50' to the inch.. The motion was passed by unanimous consent. MOTION Commissioner Wagoner moved that the Chairman of the Harbor Commission send a letter to the Coyles that they should proceed with the final .Y. plat in accordance with Ordinance KMC 11.15. Commissioner 1ill1ams seconded the motion, there was a roll call vote; v the motion carried unanimously. Commissioner Williams stated the City Attorney has indicated that there �. have been no challenges towards their preference rights. Mr. Delahay explained that before Preference Rights come before the Harbor Commission for final hearing, the City Clerk will advertise. F Something may.come up but at the present time, no contest. Only persons who have applied for preference rights that this would interfere with, can object. Chairman Peterkin addressed the Coyle's stating that he would send a > letter out the next day, and they may proceed with their final plat, and further with the posting with the City Clerk in accordance with the - -- Ordinance. 4. b. Mark Stephens & Roger Maggard, Division of Community Planning/OCM Grant - moved to #6 Reports. s 4. c. Consulting Engineers - none present -3- F Kenai Advisory Harbor Commission August 19, 1980 el*A, 5. COMMUNICATIONS a. COE Chairman Peterkin reported that Captain Reynolds called and North Pacific Division has made their recommendation for further studies. The small boat harbor project has been approved for detailed project report. We may be funded October 1. 6. REPORTS Gary Davis introduced Mr. Mark Stephens, Senior Planner, Division of Community Planning. Mr. Davis explained that he and Mr. Stephens had been working with the OCM grant. Mr. Davis referred to his memo in the packet explaining the negotiations that he had with Mr. Stephens in determining the figures of the grant, and the letter to Larry Kimball. Mr. Davis stated they came to an agreement on the amounts in the grant. The contract is with the Kenai Peninsula Borough and the Division of Planning. Mr. Davis added Mr. Phil Waring is here from the Borough, and the City will need to subcontract the inclusions in that grant from the Borough. It appears that since the Harbor Commission and the City Council recommended that they solicit consultant contracts to � support these services there be another contract for portions of -these funds to go to a consultant. Mr. Stephens reported his agency's mission is to provide assistance to local government in land use planning and management. He stated the State is responsible for generalized guidelines. Local government is responsible for developing specific programs for how they will manage coastal resources. The unit that prevails here is the Borough. The Borough is responsible for developing their Coastal Development Program. .He added the small boat harbor would undoubtedly have to get a COE dredge fill permit to deal with wetlands. Mr. Stephens explained that they have attempted to lay out in draft form a grant contract which would be the vehicle for financial assistance that would provide staff and administrative support to the Harbor Commission to deal with different issues and problems. The matching ratio is 4:1. This is a Federal requirement. There was some discussion on the draft contract. Mr. Stephens stated that he understood we were looking at a contractual basis, he would prefer a competitive arrangement. -4- r -. Kenai Advisory Harbor Commission September 3, 1980 Mr. Waring commented that after we are provided with a contract award from the State, it will have to go in front of the Borough Assembly in the form of an Ordinance. This will throw back the time frame schedule about one month. Mr. Stephens reported the funds they have currently are good through the State fiscal year. He had every reason to believe that they will expect the same federal funding for the next 4 - 5 years. He added Finance will bill them for expenses. Gary Davis stated the intent of the 1/2 million is to select an engineer- ing firm and to assist them at the local level and coordinate with the Borough, and work with the Wetlands and Areas Meriting Special Attention. There were suggestions -on changes in the contract. Commissioner Wagoner suggested the contract needed to be gone through and edited. Commissioner Williams recommended that the discussion be moved to the Administrative Coordinator's office in the morning. Mr. Davis recommended that City Administration work with Mr. Stephens. Ak. Assoc. of Harbormasters & Port Administrators Mr. Davis reported the Ak. Assoc. of Harbormasters & Port Administrators annual meeting will be in Wrangell in 1980. He added he would find out what date it will be held. Selection Criteria - Engineering Consultants for Harbor Design/Study Mr. Davis distributed a form for selecting engineering consultants for the harbor design & study. (Copy attached to minutes.) :.Commissioner Williams suggested eliminating Dagmar because whomever has the contract will work with Dagmar. Dagmar are not harbor builders. The Commissioner's eliminated Dagmar from the list. Gary Davis commented that Parametrix, H.A. Simons and Swan Wooster do not have Alaska offices. He added that H. A. Simons delt with timber in the Northwest. Commissioner Williams recommended eliminating H. S. Simons. Mr. Davis reported Peratrovich & Nottingham, Inc. has strong Kenai River experience. CH? Hill has some Kenai River experience, they are just completing the sewer outfall in relationship with the Sewer Treatment Plant. Kenai Advisory Harbor Commission August 19, 1980 The Commission reviewed proposals, Commissioner Wtlltams requested with the concurrence of the Commission to drop Parametrtx, Inc. and H. A. Simons. Commissioner Williams commented Dames & Moore have done a book on dredging, and they did the study on the dredging in Dillingham. Mr. Davis added Dames & Moore did the soils engineering on the bridge crossing. Commissioner Wagoner questioned CH2M Hill's Kenai River experience. Mr. Davis commented CH2M Hill would have had to study the flow of the River and siltation 2problems. He added that CH2M Hill was highly recommended by Steve Lindstrom of PNWA. Commissioner Wagoner reminded the Commission that we are looking for someone with new concepts and new ideas, a fresh aspect. Commissioner Dragseth stated he personally was not impressed with R & M at Columbia Ward. Chairman Peterkln thought we should discuss it with a representative of R & M. Commissioner Wagoner commented we are giving the engineers a grade for past experience and they may be past failures. Mr. Davis suggested putting failures in the Miscellaneous column. EMPS/S&P was eliminated, partly because of a lack of Kenai River and Cook Inlet experience. MOTION Commissioner Wagoner moved that the Kenai Harbor Commission narrow the engineering firms down to: 1. TAMS 2. UNA/DMJM 3. CH M Hill 4. Dales and Moore S. R&M/P&N Commissioner Williams seconded the motion, there was a roll call vote; the motion carried unanimously. Councilwoman Betty Glick agreed to report the results to the City Council on the August 20, 1980 meeting. -6- M r-) W Kenai Advisory Harbor Commission August 19, 1980 6. f. Gary Davis reported there is no standard format for RFP's. He stated he would like to see an artist's concept. Commissioner Williams commented we should have completed proposals. He suggested writing something to the effect of "Here is a copy of things we want, what are your proposals as far as completing each item. Gary Davis indicated we should also ask for costs per each item. The COE will come up with cost/benefit and feasibility with their study. Commissioner Williams proposed the company should indicate it's willingness to work with the COE in the project and list the areas in which they have worked wtth the COE. Chairman Peterkin suggested adding 300, 30' to 50' commercial slips, 200, 20' to 25' recreational slips, 80' to 85' transit, travel lift, grid up to 100' capable of unloading fish with lift. He added, when the boat harbor is built, it will be filled, we should be looking at .additional storage to stock them. Gary Davis commented that the engineering has been done to obtain sewer and water from Walker to Beaver Loop. It will need to be put in from the Highway to the facility. Chairman Peterkin noted that not one harbor in Alaska is able to meet the new Coast Guard bilge oil facility requirements. Mr. Davis mentioned in the RFP that they become familiar with the Kenai Comprehensive Plan as it applies to harbors and port facilities. Chairman Peterkin suggested the proposals be in on the 22nd or 23rd, which would give everyone time to review them. We should ask for 12 copies of the final proposal. It was agreed to schedule a meeting on the 27th for representatives to give their proposals. Council could be notified at the October 1, 1980 meeting of the firm of our choice. Commissioner Williams suggested wording the RFP to read "a concept similar to Dagmar Marinas," Mr. Brighton indicated the Commission may want to invite Councilmembers Who are free to sit in at the presentations. 6. a. Gary Davis reported that there is a copy of the testimony for the Natural Gas Task Force meeting in Anchorage, held August 7, included in the packet. 6. b. Gary Davis reported that Will Thompson came in that day and delivered color proofs. He stated he would like to place an order in next week. -7- Kenai Advisory Harbor Commission August 19, 1980 Chairman Peterkin asked if it had been established how much the Harbor Commission could spend without going to City Council first. Commissioner Williams answered if we go through Mr. Brighton we can spend $1,000.00. 6. c. Mr. Davis reported on the EDA grant. He stated he hoped we could get some technical assistance monies and submit to the ODPA office. He commented that he would like to discuss some of the details with Mayor O'Reilly. 6. d. Mr. Davis reported the Harbor Commission/Council work session proved very beneficial. There has been a lack of indepth reporting to the Council on what the Commission is doing. Councilwoman Betty Glick indicated it is necessary the Council receive copies of the minutes. Mr. Brighton reported the request has been made and Council will receive copies of the minutes. 6. -e. Regarding the 1974 State Bond Monies, Mr. Davis reported the money is there. He will need to write a memo stating what the law says and what needs to be done. There was some discussion on a useful project for the harbor. The next scheduled meeting will be September 9, followed by a work session September 27, followed by a scheduled meeting, September 30. 10. ADJOURN With no further.business, the meeting adjourned at 11:50 p.m, Respectfully submitted, (Mrs.) Kim Howard Administrative Assistant APPROVED BY: Robert Peterkin, Chairman, Kenai Advisory Harbor Commission 5T r" I SELECTIOA CRITERIA I: CdCW-'E AC— COASgl-7An1TS FOR. 040MOt INCI(rn! �4 FRM S To Cpr{S�psc�p - Ca�f�,u� CoAS�DER6D 4 ti� � IMPo2TAAT Tp -ME ■■■■■■■■■■■ ■ i ■■■■■■■■■■■■■ ■■■■■■■.■■■■■ MEMEMENNEEMEM ■o.■■■■■■.■ on Xr-nal Community - PStat y A PUBLIC L113RARY IN SERVICE SINCE 1049 BOX 157 KENAI. ALASKA 99611 REPORT FOR THE MONTH OF AUGUST, 1980 Circulation Adult Juvenile Easy Books Fiction 1278 695 896 Non-fiction 1377 201 366 Total Book Circulation 4813 Films, Phonodiscs, Pamphlets, Periodicals 429 Total Circulation 5242 Additions Adult Juvenile Easy Books Total Gifts 102 3 29 134 Purchases 45 2 35 82 Total Book Additions 216 Cassettes 21 Total Additions 23T Remedial and Re -worked Books Adult Juvenile Easy Books Total 31 2 14 47 Interlibrary Loans Ordered Received Returned Books 35 26 42 Phonodiscs/AV 53 53 62 Interlibrary Loans by our Library 94 Volunteers Number Total Hours 28 4o5 Income Fines and Sale Books $432.95 Lost or Damaged Books 36.90 Xerox 142.00 Total Income for August $611.85 f -- ram,::.-:• �f _i LIBRARY CARDS ISSUED — August, 1980 Kenai T2 North Kenai 46 Soldotna 32 Kasilof 2 Ninilchik 2 I _ Sterling 2 Battle Creek, Mich. 1 I - Total Library Cards Issued 157 ' August, 198o ■ ``0 KENAI PENINSULA BOROUGH .. REGULAR ASSEMBLY MEIiTING SEPTEMBER 2, 1980; 7:30 P.M. h' y c'rco. r`y�Q BOROUGH AMINISTRATION BUILDING 148 No. Binkloy Street ' Soldotna, Alaska - A G E N D A- Assembly Vote Arness 6 A. CALL TO ORDER AND ROLL CALL Campbell 3 � Cooler 7 B. PLEDGE OF ALLEGIANCE Corr 6 Crawford 2 C. SEATING3 OF NEW ASSEMBLYMEMBERS (none) Davis 6 Dimmick 6 D. APP..UvNL O: MINUTES OF AUGUST S, 1980 Els��n S Fischer 6 E. AGENDA APPROVAL H i l l e 6 Martin 6 F. PUBLIC PR::SENTATIONS UPON MATTERS NOT CONTAIANED IN McCloud 3 'THE AC-3E`IBLY' S AGENDA FOR THE MELTI;•iG Pickarsky 8 Sikorski 6 G. ORDINA'NCE HEARINGS OR OTHER PUBLIC HEARINGS Anbarian S (a) Ord. 80-48 "Amending, the City of Seward Land Use Plan o Provide for the Redesignation of Certain Multifamily Residential and Public Development Districts as Auto- I Oriented Commercial Districts" Memo 81-8 f (b) Ord. 80-49 "An Ordinance Establishing the Ridgeway Fire ervice rea to Provide Fire Protection Services, and Providing for an Elected Board" H. CONSIDERATION OF RESOLUTIONS Ii (a) Res. 80-116 "A Resolution Calling an Election for Approval or sappruval of the Establishment of the Ridgeway Fire Service Area and Providing for the Election of a Fire +ie:hber uo::rd'' (b) res. "c0-'19 ':,et*. h :r, :h 10:,:1 .Ft it•:l Oi t.�lt f.t.':.:1� :t..:ii :31:1 �!'.'ll�;ii•' •�..:' �Q I Ass.r.`,lv iiia11 Attc::.i ��� t is _:; th.` and FnSl ish Bay Village Count i is iron: T mry to 1'im"ll la (d) Res.•80-121 "Ratifying a Contract With the Low Bidder or the Ninilchik School Site Drainage Improvements Project" Metro 81-17 (e) Reg. 80-122 "Accepting the Proposal of Peninsula Engine- cring to Itasign Additional Portions of the Loni;mere Lake Access Road Project" demo 81-22 (f) Res. 80-123 "Amending Resolution 79-118, Which Provides or t e Establishment and Allocation of Certain Borough Personnel Positions" and Memo I. PENDING LEGISLATION i i J. INTRODUCTION OF ORDINANCES j (a) Ord. 80-52 "Rezoning Lots 6 and 7, Block 4, and Lots 3, ., F and 7, Block 3 of Fidalgo Commercial Center, City of renal" and demo 81-18 (b) Ord. 80-53 "Authorizing Receipt of Coastal Zone Management Funds to rovide Assistance to the City of Kenai Port and I Harbor Co::inission and Increasing Estimated Coastal Zone Management Revenues and Appropriations" & Attachment A (c) Ord. 80-54 "An Ordinance ;-caking Appropriation for the scF�' al ear 1980-81 to the Kenai River Bridge Subdivision Road Service Area" (d) Ord. SO -SS "Increasing the Monthly Allowance Paid to Member o� the Assembly and the planning Commission" K. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON 4 MEETING AGENDA L. COXMITTEE REPORTS (a) Finance (McCloud, Hille, Cooper, Crawford, Corr, Dimmick) (b) Local Affairs (Campbell, Davis, Sikorski,•Pickarsky) - (c) School Board (Pickarsky) (d) Public Works (Arness, Ambarian, Long) M. MAYOR IS REPORT (a):•1avorIs Let tor coniernin-, ros i:;nat it�n (b) `de:::e 51--1 301-ough :Onith Tole-110110 (c) Memo 81-25 Central Peninsula Hospital Board Appointment (d) Memo 81-214 Planning Commission Appointments F (e) Financial Report !! !r Ivy � R � � • � - ... N. OTHER BUSINESS (a) Memo 81-20 Coincineration Report. Planning Commission Res. 80-5 "To Request Additional Funding Be Used for Public Education and Participation Pertaining to the Coastal Development Program" (c) Memo 81-26 Denial of 1979 Tax, Penalty and Interest Charges for R. Bruce Caverly (d) Waiver of Time for Filing.Senior Citizen Exemption: Eva Kibsgard, Howard G. Romig, Cb.cstrr E. Haley (e) Waiver of Time for Filing Disability Exemption: Carl Empey (f) Approval of Election Judges for October Borough Elections (g) Motion to cancel September 16 Regular Assembly Meeting 0. ASSEMBLY AND MAYOR'S COMMENTS P. PUBLIC CO'•C:ENTS Q. INFOILMATIONAL MATERIALS AND REPORTS r R. NOTICE OF NEXT MEETING AND ADJOURNMENT f_ . .-ter. - - - � - _ _- .. T_ i . - +-- - --1 }� i.Ltt,kl L1TY • FXi'[:►ll IIU1.L I.It.L•ITCM OC:TAIL 14UI-ITII t.lA t. U AU6u:)7 31, 14U0 n ' FJ'4U I o l GCNeIIAL F J140 II.t(.l•44 AC(.f I:Af'ENl)lT014C 1,143CINAL LUI4NCNT ALIIVItY NA ACC'IUVf lUl)CLT fIuUCET MOf1Tl1 41100 LLU15LAtIV: 0140 SALARIF.ts 2..400 2.400 200 040a FICA 14ts 140 I 0100 NORKMANS COMP 21 21 1 Rl,:i 006911 71Nt: 122U UNF.N. f.NCU►•1•- CUal4F:RF:p YTO RAYC45 OALANCL 400 2.000 148 2 19 FEhSgNAL :%RVICCZ; :.S69 ?.669 201 402 29167 i 2021 OFFICE 3UPPLIl-i GO 50 SO .:022 OPLUMINL SJNPLI(S ! u 250 2.30 2025 UFFICL SUPPLIES-1/0 400 400 400 ,SUPPLICS 7(j0 700 70o 4329 COVIUNICATiUN3-1/G 1.000 1.000 1.Op0 453o TNANyV014tATIO:i-I/G ti.100 G9100 439 4.661 4531 PR6F(5ft-)UHL 3VC 17.7t+O 111.730 C. 2.00 I.000 13.250 4334 CO►IO)IJICAT1UN5 60u 600 124 124 476 4313 TRANSPOItTATION 4.000 49000 1928b 1.285 1 1r 1 2.L24 AUVt:4TIJING GOo 3p04534 493ti FRINTIIIG AND 31NDIN6. ,`.OUO 3.000 2.401 539 UTNF14 SVC ANh CWANGLS '31.9ti0 32.900 19409 4.346 4.6t>3 24•949 • 0041 PAISCELLA.a:4U:S C•.G13 69613 19107 10124 50489 SPECIAL .XPCNSC O.G13 C,.613 10107 1.124 5.409 LaGISLATIVF 41.u32 429632 29717 b.674 3.61:s 33.305 { - l t _ f _ I A � - s -- _.. • . . m • ""0 1 VI,JGRA;4 01 GC14Cf1AL PUW) ACCT EXP4NUITURk %CTII,ITV NO ACCAIJt-1T 4114v CITY CLI_itY d 0100 5AL•1NICa 0200 OvLdrime 0300 ACC4QLO LEAVE 0400 PICA A 05ou PLI.3 06tJu ESC U700 WGWKAAHS COMP 0000 HLALTN INS PERSONAL SGRVICES qp 2021 OFFICE S•JI+PLIES SUPPLIES r 4531 Ff+LPESGi'J11AL SVC 4532 COM 1Uf:ICATI,Jf+S 4033 TRA'45PUOT'1T I ON 4534 PUVUaTI5ING 4935 PRIf1TINC. AND 1JI14fl 453y RCf.TAL5 t / ' ,p GTMCN SVC AND GNAI 1 5041 MI2iCELLA.,R0U3 SPECIAL LXPCt.SC CITY CLgRX LG4ISLATIVE L1 w 1 dp i • r 4 r r - t KENAI CITY Gfib ITIftI: EXTAIL '.! Jill,Ll1vL-ITEM Nhl•1_. _.duc•.a.L .•f L_, ..�.�o f•LNAI G1TY 6 ,fJVIlU1iC LINC•1Trv, LOLTA16 IT11 FWO[:D AUGULT 31. 19110 I4UII i00911 � 1IME 1225 4ItIG11rAL CUkl4CNT UUUGLT 1JUOGCT MUNT11 E4CU►'1- u NLN.• CUMI3ERF0 YTD NAIICE!, 13ALA14CE :'2.ti!+0 229650 J23 333 1.0?9 3.700 lU.0A2 I•.1b 19216 1047u 19478 JJ3 1•?l- i 2.Ol'6 b•066 41£ 416 1G2 s62 i•470 t.9040 c.000 20000 6 4112 LOb t •772 �. 30.240 309240 1.990 49090 24.150 J y 400 400 6- 41. AL 393 t� 400 400 9. 41- 41. 393 ll1 r s' if 1.80U ig200 Igloo 1.100 66 Ibb 1.200 r 1.e00 ti110 40 ?CO49WO 1.9035Z0 60 •00 04 61•C 4.414 39000 3.000 449 449 2•L33 Soo 10 • 11.1:00 12.100 534 664 30419 8.127 loo 100 too ~ too too i 100 41g240 4?g040 2.522 4.603 3,417 349770 04.0.! 059672 5.239 10077 791:0 640075 .f ,- ilia CITY OF KENAI %Od (?aja" 4 4" P. 0. 60% "0 KENAI, ALAEKA 99611 1 TELEPHONE 4E3 . 7535 September 17, 1980 MEMO To: Mayor Vince O'Reilly and the Kenai City Council From: Wm. J. Brighton, City Manager Re: Dinner honoring Mayor.Don.Gilman i have been informed by Mr. Clyde Baxley that there is going to be a sit down dinner at the National Guard Armory in Kenai on November 15, honoring Mayor Don Gilman. Some of the persons invited are Governor Hammond, Lt. Governor Terry Miller, Senator Stevens, Congressman Don Young, Clark Gruening and Frank Murkowski, some of whom will be making speeches. The dinner is $25.00 per person. Please let me know in advance how many of you will • be attending. WJB:kh i !0 -1- PO f " a.0- o a f