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Kenai City Council
Meeting
Packet
January 2, 1980
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AGF.PIDA
" KE.TAI CITY COL~NCIL - RP.GULAR St£ETL~SG
JA2zUARY 2, 1980
" PLEDGE OF ALL£GIANCE
_ .. . .. _ _ . - .:r.~~-~ A. ROLL CALL
AGENDA APPROVAL
- - - .- ~ ' B. PUBLIC 1~ARIN(iS
. " ' ~~ - ~' 1. Ordinance 542-79 - Amending Tifle 4 of Kenei biunicipel Code
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- 2. Ordinence 543-79 - Amending Title 10 of Renai rfunicipel Code
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C. PEHSONS PRESENT SCHEDUIED TO BE FiEARD
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9~'~'~ D. MINLITES
c,:~
~ I. Minutes of Special ASeeting ot December 14. 1979
E. CORRESPONDENCE
. T--- ---•- 4• ---^ ~' 1. Ted Forsi t Associates - Airport Lighting Project
F. OLD BLISLYESS
. ~i. NE{V BUSINESS
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--- `~ .~ l. Silla to be Pa1d. Bills W be Retified
- 2. Aequisitions Exceeding i500
~- 3. Ordinence 545-BO - Pu*chase of Fire DepartmeM Vehfcle - f8.774
. ' - ~ ~ ~ ~ 4. Ordinnnce 548-80 - Topographic Riapping Project - 37.841
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- ~ S. Ordinance 547-80 - Legislative Trensportation t Related ExPenses
to lunesu - 58.000
I~ ___ ._ ._. ~ ~ 6. Aesolutfon 80-1- Purchase of Oven ~ RefrlgeraWr for Jail - S2.000
i ~ 7. Resolution BO-2 - Purchese Airport Lighting Suppliea - 52.000
/ 8, Reselution 80-3 - Amendmest 61. CH211 Hiil Contract for Se~ver
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Treatment Plont
/ 9. Lease of Airport Lende - Stoehner. dba Aretic Fuel ,,,. - ~- '-
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~ f - -~- - ~ -~ 10. Amendment to Lease - FM Airport Offices
. .- ll. Amendment to Lease - Henai Air Alaska
., 12. (iames of Chance i 4ki11- American T.egion
~; ~ ~, 18. Frontage Road Contract with SYince-Corthell-Aryson 8 Frease
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I ~.. - -- _--- •~~..a.: Ii. REPORTS
~ i f 1. C1ty Mnnager
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4. City CIerk
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~>- =-- f g, planning t Zoning Commission
~ 7, KenaiPeninsula Rorough Assembly
- 1 .. 8. Hatbor Commission
:,~-". = I. PERSONS PRESENT ~10T SCHF.bULED TO BE }iF.ARD
-- ADJOURNAtEAST
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CITY OF KENAI
ORDINANCE NO. 542-79
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AN ORDINANCE OF THE COUNCIL OF THE CITY OF ICENAI, ALASKA
AMENDING TITLE 4, UNIFORM BUILDING CODE OF THE 1979 KENAI
CODE TO ADOPT THE 1979 EDITION OF THE UNIFORM B(IILDII3G CODE.
WHEREAS, the City of Kenai presently has a.Uniform Building
Code codified in Title 4 of the 1979 Kenai Code, and
WHEREAS, it is desirable to update the Code by adoptinq the
1979 Edition of the Uniform Buildinq Code, Uniform Code for
the Abatement of Dangerous Buildings, Uniform Sign Code,
Uniform Mechanical Code, and the Unifortn Plumbing Code, and
WHEREAS, the National Electrical Code, 1978 Edition, has not
been updated.
NOW, TFiEREFORE, BE ST ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, AI,ASRA as follows:
aQv
Section 1: Section 4.05.010 to and including 4.25.8fsfr
of the 1979 Kenai Code are hereby repealed.
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Section 2: Section 4.05.010 to and including 4.25.6fs0
of the 1979 Kenai Code are hereby replaced by the enclosed
paqes 4-1 through and including 4-5.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th
day of December, 1979.
VINCENT O'REILLY, MAYOR
ATTEST:
Janet Whelan, City Clerk
First Reading: December 5, 1979
Second Reading: December 19, 1979
Effective Date: January 19, 1979
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Title 4 ~'~
UNIFORM BUII,DING CODE
Chapters:
4.05
4.10
4.15
4.20
4.25
4.30
4.35
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4.05.010 UNIFORM BUILDING CODE: There is hereby
adopted for the purpose of establishing rules and regu-
lations for the construction, alteration, removal, demo-
lition, equipment, use and occnpancy, location and main-
tenance of buildinqs and structures, includinq permits and
penalties, that certain bound volume knawn as the "Uniform
Building Code," 1979 Edition, of the International Confer-
ence of Building Ofticials. including the appendices, except
for such portions as are herein deleted, modified or amended,
and the same is hereby adopted and incorporated as fully as
if set out verbatim herein. (RC 4-1; Ords 97-66, 162-69,
269-75, 395-78, 542-?9)
4.05.020 Building Official: The Building Official of
this City shall have the powers, duties and functions
prescribed for the "Building Official" by the Uniform
Building Code, adopted by Section 4.05.010 provided that the
said powers, duties and functions may be performed by
authorized representatives of the Building Official and
under his supervision and control.
The City Administrator shall be ex officio building
official unless he appoints another person to be Building
Official. The authorized representatives o£ the Buildinq
Official referred to above, when and if appointed, shall be
appointed by the City Administrator. (KC 4-3; Ords 97-66,
162-69, 269-75, 395-78, 542-79)
I 4.05.030 Permit Fees: The first paragraph of Sec.
304(a) of the Building Code adopted by this chapter is
~~f amended to read as follows:
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~ "Sec. 304(a) Building Permit Fees. A fee for each
-'; building permit shall be paid to the Building Official
-' as set forth in Table No. 3-A, except that fees shall
-: :~ be c'~arged for new construction of Group R-3 and Group
__ _' M-1 occupancies, or portions thereof as follows:
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, (1) Group R-3-------------50.09 per square foot
of foundation area.
(2) Group M-1-------------$0.04 per square foot
. of foundation area."
~ (KC 4-5; Ords 97-66, 162-69, 269-75, 395-78, 542-79)
~ 4.05.040 Exit Facilities: Ords 395-78, Repealed 542-
79)
4.05.050 Snow Load: Sec. 2305(d) of the Building Code
adopted by this chapter is amended by deleting the last sen-
tence in paragraph 2 and substituting the following:
` "The basic desiqn snow load shall be 90 pounds per
square foot on the horizontal projection of the roof."
~ (Ords 97-66, 162-69, 269-75, 395-78, 542-79)
~ 4.05.060 Wind Pressure: Sec. 2311(a) of the Building
~ Code adopted by this chapter is amended by deleting the
-_ second sentence and substituting the following:
~ ~
~ ~ "Wind pressure shall be computed from Column 25 in
; Table 23-F." (Ords 162-69, 269-75, 395-78, 542-79)
~ I 4.05.070 Foundation Ventilation: (Ords 97-66, 162-69,
j 209-75, 395-78, Repealed 542-79)
;'~ 4.05.080 Exits: (Ords 97-66, 269-75, 395-78, Repealed
=- i 541-79)
4.05.090 Enerqy Conservation in New Building Construction:
Chapter 53 of the Building Code adopted by this chapter is
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, amended by adding sections 5302 and 5303 which shall read:
. i "Sec. 5302 Vapor Barrier: A vapor barrier of 4 mil
,
• F polyethylene or equal shall be applied to the warm side
' . ~ of insulated areas."
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"Sec. 5303 A2ternate Standard: Complying with ASHRAE
; ~ standard 90-75 will be considered as complying with
s
, ~ this chapter." (Ord 542-79)
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4.05.100 Special Hazards-Section 608: Section 608 of
~ the Unifornt Building Code as adopted by this chapter is
~ amended by deleting the exception. (Ord 542-?9)
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' ~` 4.05.110 Special Hazards-Section 708: Section 708 of
the Uniform Buildinq Code as adopted by this chapter is
` ~ amended by deleting the exception and substituting the
---- following:
"Exception: Buildings not more than one story in
J height of Group B Division 2 occupancy with an occupant
load of less than 30." (Ord 542-79)
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4.05.130 Special Hazards-Section 808: Section 808 of ~°
the Uniform Building Code as adopted by this chapter is
amended by deleting the exception. (Ord 542-79)
4.05.130 Special Hazards-Section 10U8: Section 1008
of the Uniform Building Code as adopted by this chapter is
amended by deleting the exception. (Ord 542-79)
4.10.010 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDZNGS ADOPTED: There is hereby adopted for the purpose
of establishing rules and regulations for the abatement of
dilapidated, defective buildings which endanger life,
hea2th, property and public safety, that certain code known
as the "Unfform Code for the Abatement of Danqerous Buildings,"
1979 Edition, of the International Conference of Building
Officials, except for such portians as are hereinafter
deleted, modified or amended, and the same is hereby adopted
and incorporated as fully as if set out verbatim herein.
tOrds 45-63, 269-75, 395-78, 542-79)
4.10.020 Buildinq Official: The Building Official of
this City shall have the powers, duties and functions pre-
scribed for the "Building Official" by the Uniform Code for
the Abatement of Dangerous Buildings, adopted by Section ~--
4.I0.010 provided that the said powers, duties and functions -'
may be performed by authorized representatives of the Buildinq
Official and under his supervision and control. (Ords 269-
75, 395-78, 542-79)
4.15.010 UNIFORM SIGN CODE ADOPTED: There is hereby
adopted for the purpose of establishinq rules and requlations
to promote the development of better sign construction and
to provide minimum standards to safeguard life, health,
property and public welfare, by regulating structural re-
quirements for aII signs and siqn structures located outside
of buildinqs, that certain code known as the "Uniform Siqn
Code," 1979 Edition, of the International Conference of
Building Officials, except for such portions as are herein-
after deleted, modified or amended; and the same is hereby
adopted and incorporated as fully as if set out verbatim
herein. (Ords 269-75, 395-78, 542-79)
4.15.020 Building Official: The Buildinq Official of
this City shall have the powers, duties and functions prescribed
for the "Building Official" by the Uniform Sign Code
adopted by Section 4.15.010 provided that the powers,
duties and functions may be performed by authorized repre-
sentatives of the Building Official and under his supervi- ~
sion and control. (Ords 269-75, 395-78, 542-79) °~'
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4.15.030 Fees: Sec. 304 of the Sign Code adopted by
' this chapter is amended to read as follows:
"Permit fees sha12 be computed according to the valuation
of construction and erection of each sign in accordance
with Table No. 3-A of the Uniform Building Code, adopted
by Chapter 5." (Ords 269-75, 395-78, 542-79)
4.20.010 UNIFORM MECHANICAL CODE ADOPTED: There is
hereby adopted or the purpose of establishing rules and
regulations for the installation and maintenance of heating,
ventilating, cooling and refrigeration systems, that certain
code known as the "Uniform Mechanical Code," 1979 edition,
of the International Conference of Building Officials,
including the appendices, except for such portions as are
hereafter deleted, modified or amended; and ~he same is
hereby adopted and incorporated as fully as if set out
verbatim herein. (Ords 64-64, 269-75, 395-78, 542-79)
~ 4.20.020 Building Official: The Building Official of
this City shall have the powers, duties and functions
~ prescribed for the "Building Official" by the Uniform
. Mechanical Code adopted by Section 4.20.010, provided that
the powers, duties and functions may be performed by author-
i2ed representatives of the Building Official and under his
( supervision and control. (Ords 64-64, 269-75, 395-78, 542-
79)
4.20.030 Fees: Sec. 304 of the Mechanical Code adopted
by this chapter is amended to add the followinq:
"If a building permit is issued, these fees shall be
considered as paid as a part of such permit fee. If no
__ such building permit is issued, then the fee schedule
-- set forth herein shall apply." (Ords 64-64, 150-68,
~ ' 269-75, 395-78, 542-79)
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i:,~ 4.25.010 UNIFORM PLUMBING CODE ADOPTED: There is
;', i hereby adopted for the purpose of establishing rules and
~~.. regulations for the qualification of persons engaged in the
. business of plumbing and the installation, alteration or
-..---i repair of plumbing systems, that certain bound volume known
;;~ as the "Uniform Plumbing Code," 1979 Edition, of the inter-
, national Association of Plumbing and Mechanical Officials,
including the appendices, except for such portions as are
~! hereinafter deleted, modified or amended; and the same is
------ hereby adopted and incorporated as fully as if set out
verbatim herein. (Ords 64-64, 269-75, 395-78, 542-79)
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4.25.020 Fees: Sec. 20.7 of the Plumbing Code adopted ^
by this chapter is amended to add the following:
"If a building permit is issued, these fees shall be
considered as paid as a part of such permit fee. Zf no
such building permit is i~sued, then the fee schedule
set forth herein shall apply." (Ords 64-64, 269-75,
395-78, 542-79)
4.25.030 Minimum Standards: Sec. 201(c) of the
Plumbing Code adopted by this chapter is amended to add the
following:
"ABS and PVC pipe, commonly referred to as "plastic
pipe," shall be used only above the basement floor."
(Ords 64-64, 269-75, 395-78, 542-79) .
4.25.040 Plumbin Material Standards: Tab2e A of
Chapter 2 of the Plumbing Code, adopted y this chapter, is
amended by deleting therefrom the followinq:
a. "~iomogenous bituminized fiber drain and sewer
pipe."
b. "Polyethylene building supply (water service
lines) (installation)." (Ords 64-64, 269-75, 395-
78, 542-79)
4.25.050 Sewer Required: Sec. 303(b) of the Plumbing
Code adopted by this chapter is amended by adding the
following:
"Besides meeting the requirements of this Code, such
private sewage disposal system shall comply with 18 AAC .
72.020 and 18 AAC 72.100." (Ords 269-75, 395-78, 542-
79)
4.25.06J Vent Termination: (Ords 269-75, 395-78, '
Repealed 542-79)
4.25.070 Protection of Piping Materials and Structures: '
Sec. 315 of the Plumbing Code adopted by this chapter is ;
amended to add the following:
"(g) Water service pipe shall have the thaw wire con-
nected at the water main, and brought to the surface at ~
the curb stop or other convenient location. Such wire ~
shall not be smaller than 2/0 AWG." (Ords 269-75, 395- .
78, 542-79) ~
4.25.080 Air Chambers: (Ords 126-67, 269-75, 395-78, .
Repealed 542-79) ~
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4.30.010 NATIONAL ELECTRICAL CODE ADOPTED: There is
hereby adopted for the purpose of establishing standards
qoverning the installation of electrical conductors, fittings,
devices and fixtures, hereinafter referred to as "electrical
equipment," within or on public and private buildings and
premises, that certain code known as the "National Electri-
cal Code," 1978 edition, except for such portions as are
hereinafter deleted, modified or amended; and the same is
hereby adopted and incorporated as fully as if set out
verbatim herein. (Ords 269-75, 395-78)
4.30.020 Wiring Requirements: No electric wiring for
light, heat or power shall be installed hereafter in a
buildinq or a structure, or on any premises, nor shall an
alteration or extension of an existing electric wirinq
system be made, except in conformity with the provisions of
this chapter and the provisions of the Nationa2 Electrical
Code.
All electric wiring and other electrical installations
shall be performed by experienced and capable electricians.
(Ords 269-75, 395-78)
4.30.030 Electrical Permit Required: Na person, firm
or corporation shall commence the installation, alteration,
extension or repair of any electric wiring system, without
~ first obtaininq a permit for the work from the Building
,,,~ Official.
Applications for permits shall state the intent and
scope of the work to be performed, the type of building and
purpose for which it is to be used. (Ords 269-75, 395-78)
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4.30.040 Inspections: The Building Official shall,
during the installation of an electric wiring system, make
the necessary inspections to assure compliance with this
chapter.
No work in connection with an electric wiring system
ahall be covered or concealed until it has been inspected
and approved by the Building Official.
The Building Official may order work to be stopped at
any time, should it be determined that it is not being
carried out in accordance with the provisions of this
chapter or is a menance to the safety and welfare of the
public. It is unlawful for any person, firm or corporation
to proceed with such work after a stop-order has been
issued unless the restriction is lifted and authorization to
proceed has been given by the Building Official. (Ords 269-
75, 395-78?
4.30.050 Minimum Size of Conductors: The first sentence
of Sec. 310-5 of the Electrical Co e adopted by this chapter
is amended to read as follows:
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"Whether solid or stranded, conductors shall not be
smaller than No. 12 copper or No. 6 aluminum or copper-
clad aluminum." (Ords 269-75, 395-78)
4.30.060 Fees: Permit fees shall i~e considered paid
as part of the building permit fee. If no such bui2ding
permit is issued, then the fees shall be computed according
to Table No. 3-A of the Uniform Building Code adopted by
Chapter 5. (Ords 269-75, 395-78)
4.35.010 TRAILER PLACEMENT; DEFINITIONS: For the
purpose of Chapter 35, the term "trailer" shall mean the
same as "mobile home."
The terna "lean-to" shall mean an accessory structure
attached and appurtenant to a trailer. (Ords 97-66, 269-75,
395-78) .
4.35.020 Standards: Trailers placed or "set-up" for
occupancy within the City of Kenai shall conform to the
following:
1. Those standards prescribed by A.S. 45.30.
2. The foundation area upon which the trailer is
placed shall be excavated to non-frost susceptible material
or 42 iaches from the adjacent surface, whichever is the
lesser depth. Such excavation shall be backfilled with non-
frost susceptible material to the same or hiqher elevation
as the surrounding terrain.
3. Trailers sha21 be placed upon substantial blockinq.
"Substantial" in this context shall mean adequate to support
the trailer and its contents and sustain the shocks or
vibrations of occupancy in such fashion as to permit all
doors or exits from the trailer to operate in accordance
with their desiqn.
4. The determination of adequate conformance to the
standards specified herein shall be made by the Building
Inspector. (Ords 45-63, 269-75, 395-78)
i--~
4.35.030 Lean-Tos: Structures designed as lean-tos
~, ` shall conform to all applicable codes as adopted by the City
of Kenai, except that lean-tos may be set on foundations as
specified in Section 4.35.020 for trailer foundations.
~; " If any lean-to covers both exits from a trailer, then
' the lean-to shall have 2 exits remote from each other.
C (Ords 45-63, 269-75, 395-78)
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4.35.040 Building Permits Applicable to Trailers and
Leans-Tos: 1. A building permit shall be obtained before
trai-'ler placement and before startinq construction of a
lean-to.
2. The fees for a building permit for a traiier shall
be computed at the rate of 4 cents per square foot. ~,
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3. The fees for a bui].ding permit for a lean-to shall
be computed at the rate of 4 cents per square foot.
4. If work on placement of a trailer or construction
of a lean-to commenced before obtaining a building permit,
the fees specified herein shall be doubled. The penalty fee
shall not relieve the owner from complying with any other
requirements of this chapter. (Ords 45-63, 269-75, 395-'l8)
4.35.050 Application of Trailer Reaulations: The
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provisians of this chapter shall apply to trailers set up on
individual lots and to trailers moved from one location to
another within the City. Any improvements to existing
trailers or lean-tos shall comply with this chapter. (Ords
45-63, 269-75, 395-78)
4.40.010 BOARD OF APPEALS: The City Council shall sit
as a Board of Appeals in order to provide for final inter-
pretation of the provisions of this title and to hear appeals
provided for hereunder. The Board may adopt reasonabl.e
rules and regulations for conducting its business and shall
render all decisions and findings in writing to the appellant
with a copy to the Building Official. (Ords 269-75, 395-78)
4.40.020 Penalty: Any person, firm or corporation
violating any of the provisions of this chapter shall be
guilty of a misdemeanor, and each such person shall be
deemed quilty of a separate offense for each and every day
or portion thereof during which any violation of any of the
provisions of this chapter is committed, continued or permitted;
and upon conviction of any such violation, such person shall
be subject to punishment by a fine of not more than 5100.
(Ords 269-75, 395-78)
4.40.030 Conflicting Provisions: If any provisions of
the Uniform Codes hereby adopted by reference conflict with
any other provisions not so adopted contained in this title,
then thase provisions not so adopted by reference will
prevail. (Ords 269-75, 395-78)
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CITY OF KENAI
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ORDINANCE I~IO. 543-79
AN ORDIiVAAICE OF THE COUNCIL OP THE CITY OF KENAZ, ALASKA
AMENDING TZTLE 10, GENERAL AND 2dISCELLANEOUS PROVISIONS, OF
TFiE 2979 KENAZ CODE TO ADD CHAPTERS PERTAINZNG TO FORI~IS OF
ADDITIONS, AMENDNiENTS, AND REPEALS OF CODE PROVISIO~TS,
NUMBERING AND REVISION OF THE CODE, MAKING TFiE CODE PRIMA
FACIE EVIDENCE OF ORDINANCES PASSED, AND DEFINITZON OF
ORDZNANCE.
4JHEREAS, the City of Kenai has recently updated its Code,
and
WHEREAS, it is desirable to provide therein rules for
interpretation and citation of said Code, and particularly
to provide a form of reference to said Code without writing
out its name in full, and
Y7HEREAS, it is also desirable to set a specific form for
ordinances in adding, deleting, or amending portions of
the Code, and specifically to provide a form for such
amendments that will simplify the task of the C~uncil with-
out having to make a word for word camparison between the
amended section or portion with the section or portion
~ already in the Code, and
WHEREAS, it is advisable to make provisions for the Clerk or
revisor to maintain proper numbering in revision of the
Code,
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA as follows:
Section l: The 1979 Kenai Code is hereby amended by
addition to Title 10 of the following sections: .05.070,
10.020, 10.030, 15.010 to and including 15.060, 20.010,
20.020, and 20.030 as fully set forth in the attachments
hereto.
PASSED BY THE COUNCZL OF THE CITY OF KENAI, ALASKA this 2nd
day of January, 1980.
VINCEVT O' FZI:ILLY, i~111Y0R
ATTEST:
Janet t~ihelan, City Clerk
.~.
~„~ Ficst Rc~a:~?..•1: D~cembcr 19, 1979
Seco:~c? P.^a~:i~zZ: .7anuai}, ?, ] ~)SO
:fi4c,:ivc B.:tc: February 2, 2980
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means a law of the City of Kenai and may be cited in short
form by use of the letters "KO" followed by the number of
the ordinance consisting of the number assigned to it by the
Clerk, a hyphen, and the last 2 digits of the year in which
it was introduced. ~~
10.10.020• Catchlines of Sections--Scope: The under-
lined catchlines of the several sections of this Code are
intended as mere catchwords to indicate the contents of the
section and shall not be deemed or taken to be the title of
such sections, nor as any part of the section, nor shall
they be so deemed when any of such sections, including the
catchlines, aze amended or reenacted, unless expressly so
provided.
20.1Q.030 RepeaZ of Ordinances--Effect: The repea2 of
any prior ordinance of the City by any subsequent ordinance
shall not operate to revive the provisions of any ordinance
which may have been repealed by such prior ordinance, unless
such revival shall be expressly provided for. Ordinances
repealed remain in force for the trial and punishment of all
past violations of them, and for the recovery of penalties
and forfeitures already.incurred, and for the preservation
of all rights and remedies existing by them and so far as
they apply, to any office, trust, proceeding, right, contract
or event, already affected by them.
. 10.15.010 Title For Citation--Designated: The ordinances
embraced in this codification, together with amendments or
~ additions thereto, shall constitute and be desiqnated the
"Kenai Municipal Code" and may be so cited.
Ord. 543-79, Page 2
io_n5.o~n "nrdinance" Definad- Thr~ wnrA °ArAinar~n~~ ~
10.15.040 Provisions--Numbering System: All additions ,
or amendments.to this Code of Ordinances shall be numbered
in accordance with the numbering system of this Code. ;
10.15.020 Title for Citation--Short Form: The Kenai
Municipal Code may also be cited in short form by using the
letters "KMC" followed by the numbers of title, title and ~
chapter, or title, chapter, and section--for example, this
title may.be cited as "KMC 10," this chapter as "KMC 10.15," ;
and this section as "KtdC 10.15.020."
10.15.030 Title for Citation of Prior Code: The prior ;
Code of Ordinances o the City o Kenai may be cited in
short form by using the letters "KC" followed by the numbers ~
of title, title and chapter, or title, chapter, and section
in the same manner as for the Kenai Municipal Code.
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Ord. 543-79, Page 3
10.15.050 Provisions--Preparation of Changes: In the
case of additions to this Code or amendments to, or repeal
of, any provisions of this Code by subsequent ordinances,
the Clerk or other revisor shall prepare new pages of the
Code to be placed in the proper order to show such added
provisians, to replace the amended provisions with the new
provisions as amended, and to omit the repealed provisions.
10.15.060 Provisions--Ordinance as Prima Facie
Evidence of Change: The ordinances herein and subsequent
ordinances as numbered and included in the Kenai Municipal
Code, or omitted in the case of repeal, shall be prima facie
evidence of such ordinances until this Code of ordinances
and subsequent ordinances numbered and included, or omitted,
are readopted as a new Code of Ordinances by the City Council.
10.20.010 Provisions--Additions to Code--Form: 1. In
the event a new title, chapter, section, or subsection, not
heretofore existing in the Code, is to be added thereto,
substantially the following language shall be used:
"That the City of Kenai Code of Ordinances is hereby
amended by addinq a new (fill in "title," "chapter,"
"section," or "subsection") to be numbered
which shall read as follows:";
2. The new addition shall then be set out in full as
desired. '
20.20.020 Provisions--Amendments to Code--Form: 1.
c.
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Amendments to any of the provisions of this Code shall be
made by amending such provisions by specific reference to
the section or subsection number of this Code in substantially
the following languaqe:
"That (fill in the Code citation of~the
portions to be amended) is hereby amended as follows:"
2. Following the above statement the portions to~be
amended shall be set out including all language which is to
be added thereto in addition to all of the lanquage contained
therein prior to proposed amendment with the additional
lanquage, including any numerals or punctuation, to be
underlined and with all language sought to be deleted
therefrom, including numbers and punctuation, to be enclosed
in brackets with all letters contained in said brackets to
be capitali2ed.
3. In event of adoption of any such amendments, the
Clerk or revisor, in preparing the revised provisions for
inclusion in the Code, shall delete all underlining and
delete all brackets and all material within the brackets so
that the Code will then reflect only the wording effective
after the amendment.
/
Ord. 543-79, Page 4
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10.20.030 'Provisions--Repeal Requirements: All titles,
chapters, sections, or subsections desired tio be repealed
shall be specifically repealed by title, chapter, section,
or subsection number or other designation as the case may
be.
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CITY OF KFNAI
~ COUNCIL SPFCIAL MF.ETL'~G
~
DECEMI3ER 14, 1879
AGENDA
PLEDGE OF ALLEGIANCE
A. BOLL CALL
AGENDA
B. DISCUSSION OF CITY MANAGER APPLICANTS
C. ADJOURNMENT
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KENAI CITY COUNCIL - SPECIAL AtEETING
DECEMBER 14~ 1979, 5: 00 PM
PUBLIC SAFETY BUILDING
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A. Pledge of allegiance
B.` Roll Call
Present: Beriq Glick, Ron Malston, Vincent O'Reilly, Phil Aber.
Ed Ambarian, Ray Measles
Absent: Mike Seaman
Agenda Apprwal
Agenda was approved as presented.
B. Discuesion of City Manager Applicaats
Maqor O'Iteilly explained that Steve Reinhardt and Kon Chappell of
the Clarion were asked to help with the reviear of the applicants. He
wished to thenk the Clarion staff for their effort in fulfilling their duty .
There was a short recess ta ensble the Council to review the infor-
mation received .
~~ ~~
-~AS BRIGHTON
Stene Refnherdt said he tallced to 2 people on the local newspaper and •"
the prosecutor who brought the indietment against Mr. Brighton.
Major acs:omplishments are: Terra Haute was stagnant when he got
there~ it fs,rail center. Mr. Brighton was instrumental in getting grants
for urbatt renewal. Mr. Aeinhardt said it was most apparent that all
was described within the framework of partisan poliHcs. Mr. Brighton
is a Democrat, both men on the pa~er ~e Republican, but they still
liked him. The prosecutor is a ~b ";"but he did not like him.
The indictment was, the 3ewer Treatment Plant funds were used for cam-
paig~n expenditures, the funds did not f;o throu~h Mr. Brighton, but
to the party. There has been hc~rrassment in the past, none of the slleg-
ations have been proved out. His assets are - he has charisma, has ~ood
management skflls. has a good relationship with the State Legislature -
this helps the City. The preliminary hearing is necember 28, 1979, he
was indicted in June. 1-Rayor O'Reillq asked if there was any inkling
that the 2~ assessment hss been p;oing on a long time, and that Mr.
Srighton just put it fn contract, formutized it? 11~r. ~teinhardt said he
hadn't heard. Councilwoman Glick asked if the nreliminary hearin~
~Yas December 18 or December 28, both dates have been gfven out.
b~r. Aeinhardt said the reporter told him December 28. Councilwor.~an
Glick asked b2r. Aeinhardt if he got any ides from those he tslked to.
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KENAI CITY COUNCIL - SPECIAL 11'(EETING
DECFaVlBE~t 14, 1979
Page 2
did they give him any indication of the result. Mr. Reinhardt replied
2 of the 3 said they thought it was a bum deal .
LARRY SMITH
Aon Chappell spoke to one of those people in Walla Walla who voted to
~ get rid of him. His accomplishments were veri~ed. but his method was
critfcized. Even his supporters said he was not always taetful. He re-.
duced the number of City personnel, most were in the police and fire
, departments. He and the police chief discussed but could not a~ree ah
personnel cttanges, so Mr. Smith went to the Councit. There was no
agreement, so he went to the 3tate and had a studq made. He won. The
same thing happened to the fire department. No one faults his ability
~ as Manager or Engineer , one of those Mr. Chappell talked to said he
didn't think NIr. 3mith would have been fired it he had not had an affair
with his secretary. That was the ~nal reason. He had been there so
long they gane him 6 months to Snd a job. While he was looking, an ord-
~ inance was made to ehange sick leave pay from 50$ to 100$ - it seemed
' to be just for him. "I didn•t come here to make friends~ but to do the
' ~ job," seems to sum up Mr. Smith.
Mr. Reinhardt tallced to 2 men in Snohomish, 19[r. Smith had been the
Bth Cfty A'lanager in 6 years. The City was in bad shape, he straightened
it up. He "bent a few noses" on the ~vaq. He was told ~4Ir. 3mith was
bett~r than average. a g~ood engineer. He was not a strong propanent
on public safetq. Snohomish was a"back-wash" town. in deep Hnanciat '
trouble, he whipped it into shape.
CHAI~LES CAALSON .
Mr. Chappel verified his employment dates, they were correct. He did
not get a list of posiHons. Iie tried to ~cantact the previoua grants coor-
dinator~ but was unable to. He talked to the current grants coordinator,
she did not know about him. He also found out A4r. Carlson did rtat re-
ceive a degree.
LARRY SMITH
Mr. Reinhardt said Mr. Smith was described as a person who lets the
department heads run the show as Iong ss they did it right.
BILL BRIGHTON
..-..._.+...
biaqor O'Reilly asked about the indictment against Mr. Bri~hton. Mr.
Aeinhardt said the charge tvas official mfsconduct. is a misdemeanor.
There is approximately $5,000 invo2ved.
~-~.. _ _ _ _ . ~ . ~_._,,.-~__ :_ __-, ___ _ __-,_T _ _ . _._ _. . ^ T'r -~__-`-^~ "r T` _'_ _ _ .`-~- .~`.~-_ '~~~'~
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' KENAI CITY COUNCIL - SPECIAL ll'iEETING
DECEAIBER 19. 1979
~ Page 3
j Councilman Ambarian stated 1~?r. C~rlson was his 3rd choice, Mr. Smith
is his lst choice. Mr. Smith has more basic, usable City Manager exper-
~ • ience they can use. ~Ve do not have a perfect combinaHon, but he is close.
MOTION: .
Councilrnan Ambarian moved, seconded by Councilman Aber, to
i appoint Larry Smith as City Mana~±er.
I Discussion: • ~
I Councilwoman Glick stated he could do the job, he has the wherewithal,
but he is cveak in "PR." He has the experience, but ahe could not buq
~ it. He is still being invesH~ted far $15,000. She would not take Smith.
Councilman Malston said we do not have to take any of them. ~ouncil-
man Ambarian agreed with Councilman A7alston, he wae tempted, but we
are to a po~nt we have a negaHve response from edministration, we
dumped the job on Mr. Brown for a long time. We should have a pro-
• bation period, 6 months or a qear, if we hire. Even on this basis, he
felt Smith wss best.
There wss a brfef recess while Councilman Malston reviewed the reports
with Mr. Chappell and Mr. Reinhardt~ he had arrived after their reports
were made.
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' I MOTION: •
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Councilman Malston moved, seconded by Councilwoman Glick . to table
;_,1 any action x~egarding the City Manager until after r~ir. Brighton's pre-
~ ; liminarq hearing. (ApProximately 2 weeks)
,~ Councilman Malston safd he still felt BriRhton hus the quulifications we
~~~ are looking for: his ability to talk to peonle. his "PR." ~Ve terminated
. F, '
the last City 11'[anager for that reason ~ to hire another with the same pro-
°~' ~ blem is ludricous . Councilman Ambarian said that was not the anly
`` ~~ ~ reason Mr. ZVise was fired.
~ biotion passed bq roll call vote, with Councilman Ambarian voting no.
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- i ADSOURNMENT
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---'-- ~ 14leeting adjourned at 8:15 PA4.
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i ~ef tYhelan, City Clerk
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124 East Seventh Avenue • Anchorage, Alaska 99501 • t9471 ~7 -95
COI~NPJ~v.d~a~'~ P•O. Box 2470 • Soldotna, Alaska 936&9 • 1°07} 2S2-5531
~z~~~ ~4 ~~e~ December 18, 1919
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t4r. Charles Brorrn
Acting City ~~lanager and City Council
City of Kenai
P.O. Box 580
Kenai, AK 99611
Subject: Funding for Airport Improvements
Oear i~lr. Srown and Ci ty Counci i;
On Tuesday, December 11, I had a meeting with tdr. Paul Larson, Chief of the
Planning and Programs Branch for the Federal Aviation Agency here in
Anchorage. We discussed the proposed improvements at Kenai l4unicipal
Airport to some length. .
The outcome of that meeting is that t~ir. Larson realizes the immediate
need existing at Kenai ~~lunicipal Airport for the upgrading of the lighting
system and for the apron expansion. He has advised me that the FAA's
first priority t~ould be far the safety af the airport, vlhich would lend
more support and priority to the lighting upgrading project for the
airport.
_/Due to the tight fiscal restraints of the air carrier ADAP funds this
X year it appears that the lighting project may have a good possibility
of being funded. However, Pir. Larson also advised me that they would
be attempting to f9nd some funds to do some construction for the apron
expansion. This might involve only enough funds to do the gravel im-
provements for one half of the proposed apron expansion project. I
advised Mr. Lar-son on behalf of the City of Kenai, that the City would
entertain the concept of doing half of the project this year, with the
remainder of the project in the upcoming years.
I will be making some other contacts regarding the funding for the apron
expansion projects and I will keep you informed as to the results of
these meetings.
Sincerely,
TEO FORSI AND ASSOCIATES, INC.
~"~ .
Ted J. Forsi, P.E.
Prirtcipal
TJF/
. Airport Manager
Engineering • Plar~ning ~ Surveying
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THH YOLIASlING ITEMS ARE OVER $5d0.00 WNICH NEED COUNCtL APPROVAL OR RATIFICATIOY 1/2/80
YENDOR AMOUNT AESCRIPTIOH PROJECT/DEPARTHEhT ACCOUYI CHAR('E AHO(n71' p p
FOR APPROYAI.
Arizoaia State University 525.00 Tuiiion/Araoa Investigation Pire Hiscellaneous 525.00
David Buruett 750.00 Travel Expenaes/Arson Class Pire Transportation 750.00
Clary Ineurance Agency 1,820.00 Increase Deductible-Loc.B9 Non-Departmental Insurance 27.U0
Additional Personal Property Non-Departmental Insurance 1,793.00
D 6 A 1,107.87 Aaimal Shelter Supplies Animal Control Operating Supplies 29.18 11323
Food b Supplies Jail Operating Supplies 1.078.69 11303/11301
11283/11259
I~ 502.91 Copier Rental Various Printiag b Binding 502.91 10087
Peaiaeula Enterprises 2,500.00 January Lease Payoeat pirport M60 Rentals 2,500.00 30695
FOR RA2IFICATION
Rainer National Hank 205,508.75 Debt Service '74 Refund Principal 125.000.00 ~
Debt Service '74 Refund Interest 80,508.15 '
City of Kenai-EDA Acct. 24,792.74 Transfez of Fuade Ceatral Treasurq Tranefer of Fuada 24,792.74
U.S. Poet Offiee 800.00 poatage Various Co~unicationa 800.00
National Sank of Alaska 100,000.00 REPO-12/19/79 Ceatral Treasury Central Treasury 300.000.00
National Bank of Alaeka 150~000.00 REPO-12/27/79 Ceatral Treaeury Ceatral Treasuzy 150,000.00 t
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RF.QUISITIONS OVER 5500,00 fMICH NE£A COUNCIL APPROVAL 1/2/80 ~
YENDOR pESCRIPTION DEPARTHE!IT ACCOUNT AMOCNT ~
David Bumett Travel Lxpenaes/Arson Inveatigation Class fiire Transportation 750.00 ~
in ?empe. Arizona/15 Days ~
Ari=ona State Uaiveraity Tuition of Arson Inventigation Class Fire )Siecellaneous 525.00 ~
College Place Bindery .
Rebiading Booka
Library
Printiag b Bindiag
1.082.50 ,
Airport Lfghtiag Companq &unvay/Taui-Waq Lighting Pinturea Airport Nd0 Repair/2laint. Supplies 2,304.00 ~
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CI1'Y OF KE~iA!
ORDIIdANCE NO. 545-80
AN ORDINAPICE OF THE COUNCIL OF THE CiTY OF KENSAI. ALASKA
INCREASING ESTIMATED REVENUE3 AND APPROPRlATIONS Pl THE
1979-80 FEDSRAL REVkNUE SHARING FUND BUDCET BY f8.?74.
SYHEREA3, the Council of the Citq of Kenai eppropriated, bq Ordinance
533-Y9. ;20.000 for the purchese of a tire rescue vehicIe, and
~?f~REA3, the Citq solicited bids for auch a vehicle nnd the lowest bfd,
as accepted bq Resolution No. 79-172. was in the amount of l~28.774, end ~
~VHEREAS. based upon information fmm the U.B. Depertment of Trensury.
adequate funds will be available in the form of Federal Revenue Ahering to
appropriate the additionnl monies needed, and
S4EiEREAB. proper accounting practicea require that all appropriatlons of
City moniea be made by ordinence.
NO{4, THEREFORE, BE IT ORDAIl~SED BY THE COUNCIL OF THE C1TY OF
KEASAI. AI.ASKA that the follo~ving increases in eatimated revenues and
approprisHons be made:
(ieneral Pund
Increase Sstimated Revenues:
Transfers lrom Federal Revemie Sharing Fund f8.774
Iacrease APP~Priations:
Fire - ffiachinery s Equipment ;8.774 -
I
Pederal Revenue Sharinn~ Fund
Increase Estimated Reveauea: ,
Federal Revenue Sharing i8.774
Increase APP~Priations: ~
Tranafers to (Ieneral Fund E8,774
PASSED BY THE COU;JCIL OF TFiL' CITY OF KF1~iAI. ALA3RA this 16ta daq
of January 1980.
VL~iCENT O'REII.LY, 111AYOR
ATTEST:
Jwnet ~Yhelar-. City Clerk
First Rcadinq: J+-nuary 2,1880
Second Reading: January 16. 3980
Effective Date: Jr~nuary I6, 1980
Approved by Finance Director «':~.
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CITY OF KENAI
ORDINANCE NO. 546-80
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AN ORDINANCE OF THE COUNCIL t)F THF, rITY OF KENAI, A~ASKA IAI-
CREA3ING ESTIMATED REVENUE3 AND APPRQPRIATIONS IN THE 1979-80
GENERAI. PUND BUDGET.
~VHEREAS, the State of 411asr.a, Department of Community and Regional Affairs
has offered to apply $7,641 of unspent water and sewer monies to the topo-
graphic mapping project, and
~yIiEREAS , these additional monies can be used to prepare tnaps of four
additional quarter sections.
NOtiV, THEREFORE, BE IT ORDAINED BY THE COUNCII. OF THE CITY OF KENAI,
ALASKA that estimated revenues and appropriations in the 2979-80 General
Fund Budget be increased as follows:
Increase Estimated Revenues:
Rtate Grants <CEIP) $?,641
Increase Appropriations:
Non-Departmental-Professional Services $7.641
PA$SED BY THE COUNCIL OF TFiE CITY OF KENAI, ALASRA this 16Lh day of
Jsauary, 1980.
VINCENT O'REILLY, MAYnR
,~
~ ATTEST:
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- First Reading: Januarq 2, 1980
ti„ Second Reading: January 16, 1980
~~ " Effective Date: Jenuary 16, 1980
;.. ~~".
___~ , ~; Approved bq Finance Director ~`~.~'
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. CITY OY K~NAI
~ ORDiNANCE N0. S4?-80
- . AN ORDINANCE OY THE COU*1CIL OP'fHE ~:T!'Y ~1P KENAt. ALASKA INCREAR-
IIJ(i EgTIp1ATED REVENUES AND APPR[sPRUTTnNB I!J THE 1979-80 [3F.NERAL
~ PUND BUBtiET BY f8.OD0.
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. ."~. ~4fiEAEA3. the Canncil of the City ot Kena! has approved cerMia capltel im-
... -- proeeme~ls tbat ~aill be submitted to the 3tate tot tunGing. and
- ~ .. L4HEREAB. the Couacll de¢ma thet an dfort will have to be made on the part
.. _ --- .. __ .. ot Councilpereone and other knowledgeable individunle to eecare auch fund-
~ -- - - ' taa. aad
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•_. -- - -- - SNHEREAB, such aa effort will require trenaportatlon and related expen~es
. ._ _ ._ .._ . to visit leQislators ia Juaeau. Alwltn. and
- - -• .-• WHERE~IB. proper acaounting practicea sequise that all aPP~Driatfons of
. _-: ' ----, -' - City monies be made by Ordinance.
- -.~ . Y~+SV. THEREPORE. $E IT ORDAINED BY THE ~•OIJNCII. OP THE Cfr7C OY
F~NAI. ALASKA that the following increases in esttmated revettaes aad
appra~riatione in the 1979-80 tienerel Pund Budget be made:
Increue Estimafed Revennea:
Sale ot Othes Msets f8.000
~ Increase APProDsiations:
Legislative - Tranaportatfon f8,000
._.. .. . PASSED BY THE COUNCIL OP THE (;ITY OF REHAI. ALASKA this 18th day ot
r ._ danuasy 1980.
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~ - VL*JCENT O'REA.LY. 141AYOR
i AITEST:
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- d~Aet fYhelari. City Clerk
Firat Reading: danuary 2. 198fl
Serond Aeading: January 38, 1480
i Etfective Date: danuery 16, 1980
i
~ Approved by the Pineace Director~
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CITY OF i{ENAI
RESOLUTION NO. 80-1
BE IT RESOLVED by the Councfl of the City of Renai, Alaska that the
following transfer of monies be made in the 1979-80 State Jafl Contract
Fund Budget:
From:
Contingency ($2,000)
To:
~~
Machinery & Equipment E2,000
This transfer provides money to purchase a double oven range and
a refrigerator for use in oonnection with the Jail facility .
~ PASSED BY THE COUNCIL OF THE CTTY OF I~NAI, ALASKA this 2nd
~ daq of January 1980.
VINCENT O'ItEILLY, NIAYOR
~ ~ Janet Whelan, City Clerk
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~__ r Approved by Finance Director <ti ~
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T0: C1~arles Srawn, FirLance Direcbor
Ffi~~: Richard Itoss, Chief of Polioe
S~1B,TDC,T: Transfer of klu~ds
Re: Jail Contingency to Jail Machinery & Dquipment
L1ATE: Decenber 18, 1979
Request that $2,000.00 be transferred frcm the Jail Contin-
gency (80$9) to Jail Machinery and ~,;pment t8064). ~e
p~o::e of this transfer wuuld be far the purchase of the
following;
1. Doable oven range to rep].a~ single aven range presently
located in the kitchen.
~ 2. Refrigerator to be located in close proximity to the
jail area.
JUS`PIF'ICATION:
1. With the increasing man-day aount the pres~t single oven is
inadeqt..~te. for meal preparaticm. It has been taking up t~o two
h~owrs greparation for each meal. Becavse of this, transfers
of prisioners, oourt appointments, visiting haurs, and other
duties of the jailers have not been oonducted in an eff~cient
maruLer on many ovcasions.
2. Pre.sent refrigeratar in the Police Department is inadequate
to serve both the needs of personnel on duty as w~ell as the stor-
age capacity required by the jail. The additional refrigera-
tion capacity for the jail w~uld allow for larqer quantity
strorage, thus cutting down on the ntanber of trips i:o the store
far p~chasing of supplies.
3. 'ihe Mqrxlay oount at the jail has increased significantly.
At present bet~aeen 33 and 95 meals are being prepared daily
for the inmate populati.on. ~is has resulted in the request
far inarreased capacities and capabilities.
~~ / i/"J
ltichard A. Ro'ss, Chief
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CITY OF KENAI
RESOLUTION N0. 80-2
BE IT RESOLVED by the Co~ncil of the City of Kenai, Alaska that the foilowing
transfer of monies be made in the 1979-80 Airport Land System Budget:
~
I From:
Airport Land - Contingency ..................($2,000.00)
-- - To:
I Airport M+0 - Repair & Maintenance Supplies..$2,000.00
~ 7his transfer is needed to purchase additional repair and maintenance
. supplies, particularly runway and taxiway lfghting supplies, for the
~ --~ Airport.
~ PASSEO BY THE COUNCIL OF THE CITY OF KENAI, ALASKA 7his 2nd. day of
January 1980.
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INCENT 0 REILLY, MAYOR
ti~
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k.; ' ATTEST:
i~a
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_ -~ ' Janet Whelan, City Clerl~
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~ Approved by Finance Ofrector G
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~ CITY OF KENAI
RESOLUTION N0. 80 - 3
; ~ A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
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f ACCEPTING THE PROPOSAL FRODi CH2M HILL IDENTIFIED AS AMENDMENT
N0. 1 TO AGREEMENT TO FURNISH ENGINEERING SERVICES TO THE CITY OF
KENAI, ALASKA FOR MODIFICATIOtiS AND ADDITIONS TO SEt9ERAGE
TREATMENT FACILITIES.
WHEREAS, the design of sewerage system improvements is nearing
completion and the City has made commitments to proceed with
--_ construction of the improvements upon receipt of a grant award
_ covering approximately 87.5 percent of the costs thereof; and
jt1HEREAS, it is now necessary to submit a grant application for
f construction funding and associated support engineering
- services, and
jtTHEREAS, CH2M Hill has submitted a proposal to the City of Kenai
` to amend the above-mentioned a reement to provide services during
construction in the amount of ~95,514, onsite inspection in the
amount of $147,392, and special and other services in the amount
-. • of $81,157, and
-~~ WHEREAS, in their proposal, CH2M Hill has a:.so reauested that the
__ number of man-days expended toward onsite inspection be limited
to 384, with any time in excess of this ?imit or any abnormal
expenses associated with construction scheduling that require a
cessation of resident services to be considered a change in scope.
~. ~ NOZY, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THB CITY OF
. KENAI, ALASKA that Agreement to Furnish Engineering Services
to tbe City of Kenai, Alaska for Modifications and Additions
~r~:;~{ to SewErage Treatment Facilities with CH2rt Hill dated
~,~;I December 13, 1978 be amended in accordance with Amendment No. 1
,,~ which is attached to and made an integral part of this Resolution.
__ ~ ,
_ r PASSED BY THE COUNCIL QF THE CITY OF KENAI, ALASKA this 2nd
-~ ~; `~ d, day of January, 1980.
Vincent O Reilly, ayor
ATTEST:
anet V elan, City Cler
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Ati1END(l1E~dT ~JO. 1
to
AGREE~4EtiT TO FURN I SH ENG I rlEER I NG SERV 1 CES
to the
CITY OF KEDiAI , ALASKA
FOR t~40DIFICATIONS A~D AQDITlONS TO
SEt•~ERAGE TREATR4EN7 FAC 1 L I T 1 ES
1.'HEREAS, ihe design of sewerage system improvements is
nearino comp(etion and the City has rhade cor:mitments to
proceed with construction of the improvements upon receipt
of a grant award covering approximately 87.5 percent of the
costs ihereof; and
~~HEREAS, it is now necessary to subrait a grant application
for cdnstruction funding and associated support engineering
services; it is
THEREFOR.E necessary to modify the oriainal Engineering
' Agreer.~ent dated December 13, 1978, asyfollows:
GEIvERAL
All conditions of the original contract as amended remain in
-.- effeci except as specificafly noted herein.
ARTICLE_1
i
' Under Article 1, Section C, paragraph 1, add the follo~ving:
- The effort expended in completina the onsiie inspection
~~; ,, services for the interceptor, sewage treatment plant,
and outfall construction shalt be timited to 384 man-days.
'ii Any time in excess of this limit or any abnormat expenses
.~_. associated with construction scheduling that require a
cessation of resident services shall be considered a
y: ;
~'~ change in scope.
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ARTICLE 2
lJnder Schedule A. modi~y the followino items:
Cost Fixed Tota!
Ceiiin~ _Fee Price
Services During Construction ~ 83,769 $11,745 $ 95,514
Onsite Inspection 129,235 18,157 ]47,392
Special E Oiher Services
-~--~ D3-8, E1, E6 72,927 8,230 81,157
-~ Approved by CN2A~ H I LL NORTN~:EST
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. Approved by CITY OF KENAI, ALASKA
~ By------ ------
Date
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P. O. iOX SCD KENAI, ALASKA 99i11
TEIEPNONE 2a3 • 7b35
December 27, 1979
I have received the unsigned lease for lots 1, 2, 3, Block 1,
FBO SUBDIVISION dated January 3, 1980.
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CITY OF KENAI
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P. O. BOX 580 KENAI, ALASKA 99611 -
TEIEPNONE 283 • 7535
December 27, 1979 •
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Mr. & Mrs. John Stoehner . .. . _.
Box 550 ~ ~ "
Kenat,Alaska 9966] . ~ •
Oear Mr. & Mrs. Stoehner: '
I am enclos~ng the Lease for Lots l, 2, 3, of Block 1, FBO SUBDIVISION, ~
and please note the lease is dated January 3, 1980.
Your Lease Application is dated Ju1y 26, ]979, and was received in our ,
office at 3:45 p.m. of that date.
the Kenai Municipal Code #21.10.040., Rights Prior to Leasing:
"The filing of an application for a lease shall give the applicant na
right to lease or to the use of the land applied for. The application
shall expire within 5 months after the application has been made if a
lease has not been entered into betrreen the Citv and the applicant bv
that time. Lease rates are sub3ect to change on the basis af an apprisal ~
done every 6 months on the property applied for." ,,
Therefore the signed lease should be presented to~Council at the regular
rtieeting of January 2, 1980, to allotr Council to act on this. Should the
,,i Council need to amend the lease it could then be brought back to them at the
~
_-_ { January 16, 1980 meetinq,prior to the expiration date of your application.
, Should your lease application expire, you v~ould be requfred to resubmit a
;;' new application and all the paper work as r:ell as paying an additional $10.00
.',:
f ~ filinq fee.
Sincerely,
Charles A. Brown
Acting City Manager
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AIRPOi.; L~.::DS Oit F~,CIi.? i I: ~
TFiIS AGRr~:•i~:JT, entered in~o this day of
January , 19$0 ,' bl and bet:~:een the CITY OF KI:::~II, a ho:ie-ruled
~municiYal corForation of Alaska, hereinafter. called "City," an~
John Stoehner and Krist4ne Stoehner DBA/ARCTIC FUEL SERVICES - BOX 550 - KENAI, ALASKi1 99611
hercinaEter called "Lessee." •
That the City, in considcration of the payments of
the rents and performance of all the covenants herein cantained
by the Lessee, does hereby demi~e and lease to the~Lessee the
follotiaing described prcperty in the ::enai Recording District,
State of Alaska; to wit: ~. .
LOT 1- BLOCK 1- F BO SUBDIVISION ~~~
LOT 2- BLQCK 1- FBO SUBOIVISION .
LOT 3- BLOCK 1- FBO SUBDIUISION '.
TER2d : ~
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(a) The L-ezr~ of this Lease is for 99 years, ~
comtnencing on the 3rd day of January , 19~ , to the
' 2nd day of January , , a~ the annual rental
of $ 10.231.20 • •~
(b) 'The term of this Lease may be extende
Le for su~cessive periods of years , by
giving en notice to the Lessor not les n six (6) months
'prior to the e' ation of the then ing term. Each extended
te:rm shall be on the Q te nd conditions as provided 9.n
~his Lease for the in' Lessee will not be permitted to
extend the Lea - yond the exten term. Any termination of
this Le uring the initial term ar any extended term
terminate all rights of extension hereun .
PAYMEVT: Subject to the terms of General Covenant
• I~o. 9 of this Lease, the rental specified herein shall be payable
as follows:
(a) Right of entry and~occupancy is authorized as
of the 3rd day of January , 198Q , and the first rent shall
be computed fro:~ suc date until 3une 30, 1980 , at the rate of
$ 28.03 per day for 180 days, equals $ 5,045.4Q
noVr due. •
(b) Annual rent for the fiscal year beginning
. July 1 and ending June 3U shall be payable in advance on or
before the first day of July of each year. If the annual rent
exceeds $2,A00, then the Lessee may~opt at the time of the e:cecution
hereof or at th~ beginning of each new Lease year to pay rent in
equal monthly installments, payable in advance on or before the
first day of Ju?y and on or before the fizst of each month there-
after. •
(c) Rental for an~ period cohich is less than one
(1) year shall be proz~ted based on tikie rate of the last full
year.
(d) The rent specified herei.n is calctilated as
R~PIdX-k~(~X~XXXXXXXXXXXXXXXXXXXXS(~4X~X~RXO(X~X~XO(Xl(~~XX~X X, Z( xxxzXXXXXIP~lRXX~X04YX~t~X~(9QJ~
~~l(XX')(~~~'XxXX-0~KXX~(XXXXXXXXXXXXXXXXXXXXXXXX~i~XXX~' (4E~4X~GXXXXXXXXXXXXXXXXXXXXXXXXXXX
****SHOWN ON EXHIBIT A ********
In additian to tlic rents s~ecified above, subject
to General CoverianL- Iso. 9, the I,e~sec ayrecs to pal to the CiCy
fees as herein.~iter pzvvided:
Lr~+SE - P~~ge 1
Revised 3/30/79
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. (a) Assessment~ for public it~provements now
, " benefiting pro~erty in the anount of $"~"
' (b) Taxes pertaining to ttie leasetiold interest of
the I.essee.
(c) Sales tar. nosa enforced or levied in the
future computed upon rent payable in monthly installments v~hether
rent is paid on a monthly or yearly basis.
. (d) Lessee aqrees to pay all taxes and assess-
ments levied in the future by the City of Y.enai, as if Lessee was
considered the legal owner of record of the Leased Property.
(e) Interest•at the rate of eight percent (80)
per annum and ten percent (10~) penaltie~. on any amount of money
• owed under this Lease which is not paid on or befoze the date it
becomes due. ' :
.~
. (f) Additianal charges as set forth in Schedule
A, attached. ~ •
The purpose for o~hich this Lease is issued is:
GENERAL COVENANTS
1. USES: Except as provided herein, any regular
~ use of lands or facilities without the written consent of the
' City is prohibited. This prohibition shall not apply to use of
~ areas designated by the City for specified public uses, such as
passenger terminals, automobile parking azeas, and stree-cs.
2. USES NOT CO~ITEMPLATED PROHIBITED: Solicitation
of donations or the promotion or operation of any part or kind of
. business or commercfal enterprise, other than as specifically set
'forth herein, upon, in or above airport lands, 4~ithout the written
consent of the City is prohibited. ,
3. ASSIGNriENT: (Not for collateral purposes)
Lessee with City's written consent, which will not be unreason-
ably denied, may assign, in whole or in part, its rights as
Lessee (Leasehold Estate) hereunder except assignments for
. collateral purposes will be allowed pursuant to the provision of
paragraph 33 herein.
Any assignee (except assiqnee's for collateral
purposes, which will conform tio the provisions of Paragraph 33
instead of this paragraph) of part or all of the leaae3 premises
shall assume the duties and obligations of the Lessee as to the
such part or all af the leased premises. No such assignment,
hoarever, will discharge Lessee from its duties and obligati.ons
--. hereunder. •
~ 4. SUBLETTING: Lessee may sublet part oz all of
its interest in the leasehold premises without prior City approval,
excepti thaL• Lessee agrees to send a copy of his executed sublease
~ to the City within 10 days after its e.cecution. In addition. all
subleases are subject to the terms and conditions of the main
lease, and no subletting shall affect tihe obligation of the
Lessee to perform all of the covenants required ro be performed
by the Lessee herein.
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S. T12L•'AT~1EN~r or• DEt•tISE: The Lessee agrees to
keep the premises clean and in good order a~ its own expense,
suffering no strip or w~zste tliereof., nor removing any maLerial
therefrom, wittiout written permission of the City. At the expiration
L~ASF - Page 2
Revised 3/30/79
IPIITIALS
LL''JJL''.F.:
LESSOR:
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, of the ter:.i fixed, or any sooiier deterr:iinatian of the Lcase, the
- I,essee will peaceably and quietly qui.t and surrender thc premis~s
to the City.
6. FAIt~!E`IT O.^• RE::T: Chec'r.s, basik drafts or
postal money orders sliall be made payable to the City of Kenai,
and de~livered to tlie City Administration Building, Y.enai, Alaska.
7. CO~ISTRUCTIO:J APPROVAL Ai7D ST~1:IDARDS: Buildinq
construction shall be neat ar~d presentable and compatible with
. its uses and surroundinqs. Prior to placing of fill material
and/or construction of buildings on a leased ar~a, the Lessee
shall submit a plan of proposed development of property to the
City Planning Commission which shall be approved in wra.ting for
~ all permanen~ improvements. -
8. DEFAULT - RIGHT OF ENTRY: Should default be
made in the payment of any portion of ~t~e rent or fees when due,
oz i.n any of the covenants or conditions contained in the Lease
or in any regulations now or hereinafter in force, then in such
event the City shall give Lessee thirty (30) days after such
tozitten notice to cure such default or.defaults, after which if
the default is not cured, the City may terminate the Lease,
. reenter and take-possession of the premises, remove all persons
therefrom.
~ 9. RENT ESCALATION: In the event this Lease~is
for a term in excess of five (5) years,. the amount of rents or
~~f ~ fees specified herein shall, at the option of either party, be
subject to redetermination for increase or decrease based on fair
market value at interva~s of five (5) years from the lst day of
July proceeding the effective date of this Lease. No increase or
decrease in the amount of rents or fees shall be effective, ~
except upon ninety (90) days written notice. Fair Market Valne
is defined as "the highest price estimated in terms of money
which a property will bring if exposed for sale on the open
market allowing a reasonable period of time to find a purchaser
who buys i~ith knowledge of all the uses to which it is adapted
. and for which i~~ i.s capable of being used."
At each five (5) year interval, the fair market
value shall be determined by qualified independent appraisers.
The redetermined lease rate, annual rerit, under this provision
. shall be limited to a fifty (500) percent increase in the prior
• lease rate until the 30th year anniversary of the lease after
which the 50°a cap provision shalJ. no longer apply and the lease
rate shall be redetermined every five years on the basis of fair
market evaluation as indicated above.
If the City and Lessee are unable to agree on the
appropriate rent redetermination, if any, as above provided, on
or before May lst of the year in which the•rent shall be adjusted,
City and Lessee shall jointly select an appraiser from the regular
-- Alaska membership of the Society of Real Estate ~ppraisers or the
F~,erican Institute of Real Estate Appraisers, or the successor
bodj of either group who has been properly designated DS.A.I. or
S.R.E.A., or. S.R.a.A., or any future similar designation which
denoi:es proficiency in tkie appraisal of commercial property and
is recognized as such by either of the above two qroups or ~heir
successor bodies. Ttie written report of the above selected
appraiser on the appraised fair market value of the Leased Property
(using the aforesaid definitions and methods) shall be conclusive
and bindinq on the City and Lessee for ttle purpose of adjusting
L•he rental, unless eiL-t~er City or Lessee object to such a~praised
value. The cost of the apprai~al report shall be stiareci equally
by L-2ie City ~nd the Lessee, even if objected to b~~ either party.
L~ASE- Page 3 . I2IITIALS
Revised 3/30/79 ~ LESSEE: . _
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~ i~ u.c i.iLf itilci L~~w~lu c:uttti~ii. .i~3~e:as O.i CiiiC: ti4~tJLa11:~f:1
as al~ove provided, or eitticr obji:cts to thc writicn reporr of thc
appraiser as a~3ove providea, rhe City and Lcssee shzll each
~~ select an appraiser froM either of the above groups t~ho holds an}-
I of t2ie above-required designation:>. Eithcr partj may select the
I appraiser who was jointlf selected as abov~ provided and whose
i report aras rejected. Ttiese L•c.o appraisers sliall select a third
i appraiser from cither of the above groups and who holds any of
the required designatio7s. The appraised fair mar};et value
; agreed upoti in cariting by two of these ap~~raisers, or upon failure
! of any two to agree, the average value of the tao appraisals
i ' closest to each other, shall be conclusive and bindinq upon City
i and Lessee for the purpose of adjusting the renta].. F.ach party
~ shall pay the fee of its selected appraiser and one-half the fee
I of the third appraiser. .
I , 10. L~ASE iJTILIZ~1TI023: Leased lands shall be
uta.lized for purposes within'the scope of the a~plicatzon (made a
part of this I.ease and attached hereto) the terms of ~he Lease,
, and in conformity with the ordinances o'f the City and Borough, ~
and in substantia2 conformi~y with the comprehensive plan.
~ Utilization or development for other than the allowed uses shall ~
constitute a violation of the Lease and subject the Lease to ;
I cancellation at any time. Failure to substantially complete the
~ development plan of the land, consistent with.the pzoposed use ~
~ • and terms of the Lease, shall constitute grounds L-or cancellation. ;
• I 11. CONDITZON OF PREAiISES: The premises demised ~
~~ herein are unimproved and are leased on an "as is, where is" ~ ;
„ ~ basis. ,
~ .
I. 12. PRO~CTION OI' AIRCRAFT: No building or other
~ permanent structure shall be placed within fifty (50) feet of the
property line tronting a landing strip,~taxiway, or apron without
.~fi the written approval of the City. This area shall be used for
i~ parking aircraft only. •
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• 13. OFFER TO LEASE ACCEPTANCE: The offer to
1,; lease is made subject to applicable laws and requlations of City,
~. and may be withdra~,m without notice at any time after ttiirty (30)
~ days from submission thereof, unl.ess wi.thin such thir~y (30) days
~; the Lessee executes and zeturns the lease to the City.
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14. UPIDERLYING TITLE: The interests transferred,
'.~ or conveyed by this Lease are subject to any and all of the
covenants, terms or conditions contained in the instruments
; conveying title or other interests to the City. ~
. 'i
15. RIGHT OF INSPECTZON: City shall have the
' right of all reasonable times to enter the premises, or any part
___t__ . thereof, for the purposes of inspection.
-_ - ~ 16. INSURANC~: Lessee covenants to save the City
-- ~ harmless from a21 actions, suits, Izabilities, or damages resu2ting
, from or arising out of any acts of commission or omission by the
Lessee, his aqents, employces, customers, invitees, or arising
-._ from or out of the Lessee's occupation, or use of the premises
demised, or privileges granted, and to pay all costs connected
therewith. In this connection, the Lessee agrees to arranqe and
~ pay for all the fo1loV~ing:
~ (a) Public l.iabili.~.y insurance protecting both
' tRe City and/or ~ts agents and the I.essee, such insurance to be
' evidenced by a certificate showing the insurance in force. The
amoun~ of such pul~lic liat~i].ity insurance shall have limits noti
4~ less than ~hose Y.nown as $250,000/5500,000/$100,000.
. ` LEAS~: - Page 4 INITIALS ~
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~ (b) Les::ce ayrces to carr! emz~loyer's liability
insu~arice and :+orkr~en' s Comoensatiori insurance, and to furnish a
-~ certificste thcrcof to thc City.
(c) Insurance contracts pro~iding Iiability
insurance and t•:or3:men's Compensation shall provide for not less
than Chirty (30) days wri~t-en notice to the City of cancellation
or ekpiration or substantial change in policy conditions and
coverage.
(d) Lessee agree~ that waiver of subrogation
against the City shall be requested of I,essee's insuror, and
shall be provided~at no cost to the City.
(e) Cross Liabilitv: It is understood and
agreed that the insurance afforded by this policy or policies for
more than one named insured, shall not operr~te to increase the
limits of the company's liability, but otherwi'se shall not ope•rate
to li.mit or void the coverage of any oile named insured as respects
claims against the same named i.nsured or employees of such other
named insured. ~ ~
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(f) The insurance procured by Lessee as herein
required shall be issued in the nam~ of the Lessee and the City '
by a company licensed to do business in the State of Alaska, and
' shall contain endorsements that (1) such insurance may not be
cancelled or amended with respect to the City without thirty.,(30?
~ days written notice by rec~istered or certified mail to City-by
, the insurance company; and (2) Lessee shalJ. be solely responsible
for payment of premiuns and that City shall not be required to
pay any premiums for such insurance.
(g) The amount of insurance coverage xequired
above may be subject to review for increase at each five (5) year
renegoti.at5.on of the Lease. ~
17. ACCOUNTING OBLIGATION: Lessee agrees to
furnish the City an annual sworn statemen~ of gross business
receipts and/or an annual sworn statement of the numHer of gallons
. o~ ~uel and oil sold and/or any certificate or statement to
substantiate the computation of rents or fees, including reports
to other.qovernmental aqencies.
18. COLLECTION ON UNPAID MONZES: Any or all
rents, charges, fees or other consideration which are due and
unpaid at the expiration of voluntary or involuntary termination
or cancellati~on of this Lease, shall be a charge against the
Lessee and Lessee's property, real or personal, and the City
shall have such lien rights as are allowed by law, and enforcement
, by distraint may be made by the City or its authorized agent. ~
19. EASEPIENT GR~INTS' RESERVED: City reserves the
right to grant and control easements in, or above the land leased.
I3o such grant or easement will be made that will unreasonably
J interfere ~~ith the Lessee's use of the 2and, and Lessee shall
have free access and use of any and all parking and loading
rights, riqhts of ingress and egress now or hereafter appertaininq
to the leased premises.
20. LEASE SUBORDINATE TO FINANCING REOUIF~AIEN'rS:
Lessee agrees that City niay inodify this I.ease to meet revised
requirements for Federal or State grants, or to conform to the
require~ncnts of any revenue bond cove~ian~. Fiow~ver, the modification
shall not act to reduce the rights or privileges granted the
Lessee by this Lease, nor acC to cause the Lessee financial l.oss.
21. SURR~;:~FR ON Trt?~tT:~11TI0~: Lessee shall, on
the last day of the term o£ tkiis Lcase or upon a~iy earlier terminatiioii
of tiliis Lease, surrender and deliver upoii the premises into the
possessinti and use of City without £raud or dela}~ in r,ood order, _
conditio:i and repair, exce~t for rea~oc~able wear and tear sincc ~
LEASE - Page S
Reviseci 3/30/79
INITIAL5
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thc last necessary re{»ir, repl~~ccnent, restoration or renewal,
" free ~ind clear of all lettia~s and occup~~ncies unlc:ss expressly
per:aiLted b~ CiL•y in writing, and free and clear of all liens and
encumbrances other t}:asi those created b}• £or loans to City.
, _ -_
ilpon th~ end of ~}~e term of this Lease or any
earlier termi.nation thcreof, titl.e L•o the buildinys atid im~rove
ments anc3 buildinq equi~~r~ent sh~ll autonatically vest in City '
without requirement of any dced, conveyance or bill of sale
thereon. Fiowever, if City shou].d require any such docu:nent in
confirmation hereof, i,essee shail execute, acknowledge and deliver
ttie same and shall pay an;~ charge, tar anci fee asserted or impcsed
by any and all governsnental units in connection herewith.
' 22. RULF.S: Lessee shall ob~erve, obey and comply
with aIl applicable rule~, etc., of the StaL•e qr Federal Govern-
ments. • •
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23. AIRCF2e1FT OPEF2~1TIOhS PF20TECTED:
(a) There is hereby reserved to the City,
its successors and assigns, for the use and benefit of the public,
a right of flight far the passage of aircraft in the airspace
. above the surface and all improvemen~s approved by the City of
the premises herein conveyed, together •.vith the right to cause in
said airspace such noise as may be inherent in the operation ~of
^ aircraft, now or hereafter used foz navigation of or flight in
~1 . the air, using said airspace of landing at, taking off from, or
operatinq on the Kenai Airport. (t~hen plans for improvements
puzsuant to paragraph 7~re approved by the City, the City to the
extent af those improvements releases the easement here expressed.)
• (b) The Lessee by accepting this conveyance
expressly agrees for itself, its representatives, successors, an3
assigns, that it will not erect nor permi.t the erection of any
structure or object, nor permit the growth of any trees on the
land conveyed hereunder, F~hich v~ould be an airport obstruction
within the standards established under the Federal Avi~ation
Adminis~ration Regulations, Part 77, as amended. In the event
the aforesaid covenant is breache8, the City reserves the right
to enter on the land conveyed hereunder and to remove the offending
structure or object, and ~o cut the offending tree, all of which
shall be at the expense of the Lessee or its heirs, or successors,
or assigns.
24. RIGHT TO ENJO]'IKEI~tT AND PEACEABLE POSSESSION :
City hereby agrees and covenants that the Lessee, upon paying
rent and performing other covenants, terms and conditions of this
LeaGe, shall have the right to quie~ly and peacefully hold, use,
occupy and enjoy the said leased premises, eacept that any in-
convenience caused by public works projects in or about the
leaseho2d premises shall not be construed as a denial of the
°'1 right of quiet or peaceable possession. "
...J
25. I,ESSEE TO PAY TA}:ES~: Lessce shall pay all
laa~ful taxes and assessments ca}iich, during th~ term hereof may
become a lien upon-or which may be levied by the State, Borough,
Citiy or any other tar.Ievying body, upon any L•axable possessor~~
right which Lessce may have in or to the re~lson of its use or
occupancy, provided, hotirevcr, that notliing herein conL•ai.ned shall
preveni: Lessee from conL-esting any increase in such ~a:c or as~essment
thzougt~ procedures ou~lined in State staL•utes.
2G.~ SP~CIIIL SP:I:VICF:S: Lessee agrees to pay City
a reasonable char.ge for an}~ special services or. facilities required
by Lessee in writing, whi.ct3 services or facilities are not provided
for herein.
LEASE - Page G
Revised 3/30/79
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27 . ::t~ {'iiR :::rF'.: i:IP OR .TO~ ;: i ~': ::TU::" CIt~11TL•'D: It
^ is c:: ~ressly u-~der~tooci that the Citl sh~ill not beyconatrued or
hcld to be a partt~er or joint vent:urcr of Lc~see in the conduc~
of business on the der~ised premi:;es; and it is e}:pressly under-
stood an3 agreed that thc zelationstiip bet::cen the parties hereto
is, and shall at a21 tir.~~s remain that o~ landlord and tenant.
• 28. nrrnur.T BA':hRUPTCY, ETC.: If Lhe Lessee
shall mzke any assign:~ent £or tlic benefit of creditors or shall
be adjudged a ban}:rupt, or if a receiv~r is appointed for the
Lessce or Lessee's assets, or anf -interest under this Lease, and
if the appointment of the reccivcr is not vacated within thirty
(30) days, or if a vol.unL-ary petition is filed under Section
18(a) of the Bankruptcy Act by L•he Lessee, then and in any event,
the City may, upon giving the Lessee thirty (30) days' notice,
terminate this Lease. .
29. NOi+~DISCRIi~1Ii•IA:IO:J: Ttie Lessee, for himself,
his heirs, personal representatives, successors in interest, and
assigns, as a part of the consideration hereuf, does hereby
covenant and agree as a covenant runninq with the land, that:
(a) No person on ~he grounds of race, color,
ox national origin shall be excluded from participation in,
den5.ed the benefits of, or be othery~ise subjected to discrimination
' a.n the use of said facilities;
,~ . (b) In the construction of any improvements
on, over, or under such land and the furnishing of services
' thereon, no person on the grounds of race, color, or nationa2
origin shall be excluded from parti.cipation, denied the b~nefits
of, or othercaise be subjected to discriminati.on;
• (c) The Lessee shall. use the premises in
compliance with all other requirements imposed by or pursuant to
Title 49, Code of Federal Regulations, Depar~ment of Transportation,
Subtitle A, Office of the Secretary, Part 21, Nondiscrimination
in FederaJ.ly-assisted Programs of the Department of Transportation--
•Effectuation of Title VI of the Civil Rights Ac~ of 1964, and as
said Requlations may be amended;
(dj In the event facilities are constructed,
maintained, or otherarise opera~ed on the said property described
in this Lease, for a purpose involving 'the provision of similar
services or benefits, the Lessee shall main~ain and operate such
facilities and services in compliance wi~h aIl other requirements
imposed pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretar~•,
Part 21, Nondiscrimination in Federally-assisted Programs of the
Depa7rtment of Transportation -- Effectuation of Title VI of the
Civil Rights Act of 1964, and as said Regul.ations may be amended;
-_ 30. PAF2TIAL INtIALTDITY: If• any terTa, provision,
condition or part of this Lease is declared by a court of competent
-~ jurisdiction to be invalid or uncoiistitutional, the remaining
terras, provisions, conditions or parts shall continue in full
force and effect as though such declaration was not made.
31. PAROLF, h10AII'ICT~TI0;7S: IL• is mutually understood
and agreed that ~hi_s agreement, as wr.itten, covers all ~he aqreements
and ~tipulations betr~een L-he parties; and no representations,
oral or written, have been made modi£}~ing, addi.ng, to, , o,r chari i
L-he ;:erms hereof. 7his lease may not be modif~ed except in writing, s~g`~e~'~y all
parties in interest, and approved by the Kenai City Council.
32. Sa11It1~1NTY: _•~;c City does no~ warr.Znt tha~ thc
proper.ty which is the sul~ject oi~ L-his Leasc is suiL•ed f:or the use
auLhorized hcrcin, and no c~uara:~Lee is given or implied that it
shall bc profitable or suiL-able to c~F~loy ttie property to such
use. ~
LEJ1S~; - Page 7
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33. FIi:71::~.:I:i(;
(a) F'or the (~urE~ose of interim or permanci~t
financin~ or ref inanciiig fro:~ ti.*.:e to tir.ie of. t:ie ita~proc•ements to
be ~laced uron ;:tie leaseci premises, and for no othcr puri~ose,
Lessee, after yiving written notice thcreof to the Ci~y, may
encuMber by morLqage, dee~I of trust, as~ic~iir..ent or o~ticr approF~riate
instru~cnt, Lessce's interest in the leased premises and in and
to this Lease, provided sucti encumbranca pertains only to such
leasetiold interest and does not pcrtain to or create any interest
in City's title to the lcased premises. If sucli mortqage, ae~a
of trust, or assignMent shalJ. be held by a b~~nk or other estab-
lished lending or financial institution (which terms shall include
an established s.nsurance com;~any and qualified pension or profit
shazinq trust) and such institution sh311 acquire the Lessee's
• interesL- in such Lease as a result of a sale under said encum-
brance pursuant to a foreclosure or.other remedy of the secured
party, or through any transfer in lieu of foreclosure, or throur,h
settlemen~ of or arising out ~f any pendinq or conteMp].ated
foreclosure action, such lending institution sliall have the
privilege of transferring its interest in such Lease to a naminee
or a wholly owned subsidiar.y corpora~ion coith the prior consent
of the City, provided, however, such transferee shall assume all
. of the covenants and conditions required to be performed by the
Lessee, whereupon such lending institutiori shali be relieved of
any further liabilii:y under such lease from any after such transfer.
Such lending institu~ion or the noininee or wholly owned subsidiary
.corporation to which it may have i•ransferred such Lease, or any
other lending institution cohi.ch may at any time acquire such
Lease, shall be relieved of any further liabili~y under such
Lease from and after a transfer of such Lease.
(b) A lea~~hold mortgagee, beneficiary of a
deed of trust or security assigneee, shall have and be subrogated -
to any and all rights of the Lessee with respect to the curing of ~
.any default hereunder by Lessee. ~ '
~ (c) If the ho2der of any such mortgage, or
the beneficiary of any such deed of trust, or the security assignee
shall give the Ci~y before any default shall have occurred in the
Lease, a~vritten notice containing the name and post office
address of such holder, and City shall thereafter give to such
holder a copy of each notice of default by the Lessee at the same
time as any no~ice of default shall be given by the City to the
Lessee, and the City will not thereaftez accept any surrender or
enter into any modification of this Lease without the prior
written consent of the holder of any first mortgage, beneficial
interest under a fa.rst deed of trust, or security assignee, in
this Lease.
(d) If, by reason of any default of the
- Lessee, either this Lease or any extension tt:ereof shall be
/ terminai:ed at the eiec~ion of ttie City prior to the sta~ed ex-
piration L-herefor, the City F~ill enter into a new Lease c~ith the
leasehold mortgagce Lor ttie remainder of the term, eff.ective as
of the date of such L•ermination, at the reizt and additiottal rent,
and on the ~erms l~erein contained, subject to the follo~ving
conditions:
(1) 5uc}i mortgagee, beiieficiary or
security assignce, shall ma};e written requcsL• to the City for
such ne~a Lease wittlin twenty (20) da}•s aLt-er the date of sucli
L-ermination and such written rc:quest sliall. be accompanied by a
pa~yment to the City of aIl sur,is Lhen c?ue to tlie City under ~his
Lease.
L~:ASE - Paqe 8
Revised 3/30/79
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LESSI;I: •
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~ (2) St~rh T~ortg~~gce, beneficiary or
security assic~nce, ~h~1I1 pa~ to ti;e City, at thc time of the
execution and delivery of such ncf~ lea~e, any and a11. sums duc
t}ier.cunder its adcjition to ttiose 41~11CII would ~zt the tine of tt3e
execut-ion and dclivcr! ttzcreof be duc uncicr this I,case; but for
such termination and in ~zddition thereto, any reason~zble er.penses,
i.ncluding legal and attorneys' fees, to wtii.ch the City shall have
been subjected by reason of such c?eL-ault.
. (3) Sucti mortgagee, bene£iciary or
security assignee shall, on or be£ore the execution and delivery
of such new Lease, perform all the other conditions required to
be perfozmed by L-he Les~ee to the extent that the Lessee shall
~ have failed to perform such conditions. ,
(e) If a lending in~titu~ion or its nominee
or wtiolly owned subsidi.ary corporatioti ,.shall hold a mortgage,
deed of trust, or similar security interest in and to tliis Lease
and shall thereafter acquire~a leasel~old estate, derived either
from such instruments or from the City,'and if such institution,
no:ainee, or corporation shall desi.r.e to assign this Lease or any
new ~ease obtained from the City (other than to a nominee or tv a
wholly ocmed subsidiary corporation as permitted by the above
' provisions) to an assignce who c,~ill undertaY.e to perform and
observe the conditions i.n such Lease required to bE: performed by
~ the Lessee, the City shall not unreasonably withhold its consent
to such assignment•and assumption, and any sucli lending insti-
tution, nominee, or subsidiary shall be relieved of any further
liability under such Lease from and after such assignment. If the
proposed assignor shall assert that the City in unreasonably
withholding its consenti to any suc:h proposed assignment, such .
dispute shal]. be resolved by azbitration. ~
34. AI~IENDriEI~T OF LEASE: Notwithstanding anything
to thc: contrary, in order to aid the Lessee in the financing of
the improvements to be situated herein, City agrees that in the .
event the proposed mor.tgagee, beneficiary or security assignee
under any interim or perm~nent loan on the security of the lease-
hol.d interest of the Lessee and the improvements to be sS.tuated
thereon so requires, the City will make a reasonable effort to
amend this Lease in order to satisfy such requirements upon the
express condition and understanding, however, that such variance
in language will not materially prejudice the City's rights
hereunder nor be such as to a1L•~r in any c~ay the rental obliga-
tions of the Lessce hereunder nor its obligations to comply with
all existinq laws and regulations of the City relating to the
leasing of airport lands, and to all applicab].e Federal statutes,
rules, and regulations, and all coven~nts and conditions of the
deed by which the City holds title to ~he land.
35. COfiPLIANCE WITH LAS•iS :, Lessee shall comply
with all applicable laws, ozdinances, and regulations of puhlic
~ authoriL-ies not•~ or liereafter in any manner affecting the leased
premises or the sidewalks, alleys, streets, and ~aay adjacent
thcreto or any buildings, structur-es, fixtures and im~rovements
or the use thereos, whether or not any such laws, ordinances a~id
regulaLions which may be hcrcaf~er enacted involve a change of
policy on ~he parL• ot• ttie governmental body enacting Lhe same.
Lessee ~grees to hold Cit•y financially harinless:
~ (a) I'rom the consequences of an}' V10~.3r1011
of such ].aws, ordinances anc3/or regulations; and
(b) E'roia all claims for damages on accoui~t
of injuries, death, or property damayc resulting from such
viaJ.ation. Lessee furLticr ~-~gree~ it wiJ.l not permit an}~ unlnwful
UCCilj)A~lOIl~ bu:.iiicss or L•r~idc Lo be conc?uctcd on said pr.cntises or
any use to be made thei-cof contrary to any lac•r, ordinance or
regulaLion as aforesaid taith res~~ccL- theret-o. . •-
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. 36. C~,E:~; O:' 1~R;:'~:i~F:: : Lesscc, at its oc~n Cost
.~-~ and c::;~c~i:.c, ~h~ll }:c'ep tti~~ l~asc.i Eireriise::, all improvements
ktiicli at any ti;.:~~ durinc~ tlic term of this I.~~i~c maf be situated
thcr~~on, and a~~;• ~iid al.l appurt~nznces L•hcrc:un•.:o b~loncJing, in
gooJ cor.ditiosi at:d rep~~ir d~iring the entirc. tcrm of this Lcase.
37. L~;SS,,C`S OI3LICT,TIO'I TO 3LT::;O~'I: I,I?::75: Le~sec
will nat perMit any li.e:i:~ includicig, but i~ot~ liinit~d to, mechan-
ics', lab~rers', or materi~-~lmen's liens abt~i:;able or availablc
under ttic then ~xisting laws, to stand agaiiist ttle leased premi~es
or ir.-prorements for an}~ labor or material furnished to Lessee or
clain-ed to have been furnishcd to T.essee or to Lessec'~ agents,
contractors, or sublessees, in connection with work of an~
character performed or claimGd to have been performed on said
prenises or improvements by or aL• ~tic direction or sufference of
, I.essee, providcd, hoc.~ever, T.essee shall havc the right L-o pzovide
a bo-id as contempla~ed by Alaska la~. and coritest the validity or
amouiit of any such lien or clai~r,ed lieny On final determination
. of such lien or such claim for lien, Lessee will immediatel.y pay
any judgment re~idered caiti~ alJ. 'proper costs and charges and shall - -
have such lien released or judgment sa~i~fied at Lessee's own
expense.
38. COyDEi•I~ATION: In the event the leased premises
• or any part thereof shall be condemned and taY.en for a public or
a quasi-public use, then upon payment of any acaard or compensation ~
arising from such condemnation, there shall be such division of
r ~,,
the proceeds, such abatemenL- in rent pa~able during the term or ~
' any extension of the~term hereof, and such other adjustmen~s as ~-
~ the parties may agree upon as beinq just and equitable under all
the circumstances. If ~he City and Lessee are unable to agree
within thirty (30) days after such an award has been paid into
Court, upon what division, annual abatement in rent, and other
adjustments are just and equitable, the dispute shall be 8eter-
mined by arbitration provided in Item 39 hereof. • ~
' 39. ARBIT:tATSO~T: ~ .
i
(a) In the event the parties shall be unable ~
to agree as to any matter provided for in this Lease ~uch dispute
shall be determined by three (3) disinterested arbitrators, one
of them shall be chosen by each of the parties hereto and the ';
third by the two (2) so chosen. i
J
(b) The party desiring arbitration, as
aforesaid, shall give notice in wri~ing to the other party of ~
such desire, naming the arbitrator selected by it, and five (5) ;
days after giving of such notice the other party shall select its ;
arbitrator and in the event ~he tc,;o arbitrators chosen shall
fail, c•~ithin fifteen (15) days after their selectioii, to agree '
upon the third, then the Sup~rior Court of the Stai:e of Alaska
shall, on request of ~he parL-y not in defaul~, or upon the
~'•, request of either party if-neither is in default, appoint within
~.i fi.fteen (15) days after such request, an azbitrator, or arbit-
rators, to fill the place or p].aces remaining.
(c) The cleci,ion of any Lw~ (2) of the
arbitrators in confortnity toith t2~e Eo~-egoi~lg directioii Sf1~111 be
final and conclusive upori the parties liereto. Ttie decision of
the azbitrat~:ors sh~~ll be in tiariting, siqned in duplicate Uy any
~410 (2) of said arbztrators, and one copy sh~ll be delivered to
each of ~t~e parties hereto.
(d) F:~ce~t as sk~ecif.ically pr.ovided for i~i
subsecLion (a), (b) and (c?, the Uniform Arbit;ra~ion Law of
Alaska shall qovern the arl~itraticn(s) con~empl~~ted herein.
40. SUltitt:~;uI•;I;: AL the expir.ation of ttie term
fi:ced or any sooiier ter:;~iriati.oi~ of the Lea ~c, the Lc~sce ~rill
peaceably ~cnd quielly quiL- aiici surrender the p1'emises to the •'
City.
~ LE~+SE - Page 10
~ ~ . ~i ltevisecl 3/30/79
INITI~II.S
LESSI:~:: .
I.~:SSOI::
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, ~2. PIL07'!:~:'i C(~:1 Cli' rl.•7sC?':f.*:T.~: TO plotc'Ct the
~
- position of any ~UUL:CI1c1I1L(~) h~rea'f.C~~r
pra~:~:rl;• obtaini~ig any
in~erests in tt~e leaseli~lJ e::taL-e ~traii~ed Lc•s:~cc hercunclcr, CiL}•
agree~ that in Lhe event of the canccl].~zLion, terr.iination, ex-
~ piratioci or surrcndcr of tl~is Lca ;e (t!~e ~JL'Qllilt.~ lease) , the Ci ty
; will c-ccept th^ Su'at-etia:it, its succcssars asici ~:;signs, as iL-~ ~
:~ ~ lesse~ for a p~i iod equal t:o thc fu].1 clapscci portion of the terr:~
I of thc sualeasc, including any extetisions or raneo~als ttiercof n~~t
excec~di:~q tlie term of t}iis Lease, uF~ori the s:~me coven~~~it~ and
conditions thcrein contained, to thc e~:tent tl~at said covenants and
~ condiL•ions are not inconsistent witti any of ttie terms and conditions
of this Lease, provided such sub~enant shall ma};c full and com=~lete
attornment to the City for the ba].ance of the term of such sublease
so as to establisti direct privity of estate and contzact bet~,reeri
~he CiL-y and the subL•enant c•rii:h the same force and effect as though ~
such sublease caas originall}~ made di.rectly b~tc•~een L•he City and ~
such subtenant; and furihcr p~:ovided such sub~cnaiit agrces to ~
comply with all t}ie provisions of ttie g~outid I.ease and all the .
L•erms of any mortgage, deed o£ trust or security assignnent to ~
wtiich such leas~hold estate i.s subject, except ttie payment of rent . -
t~nder the ground Lease and the payment of any debt service under ; ~
any such nortgage, deed of trust or security a~signment.
.
~
~
42. SUCCESSORS IN INTEREST: This Lease shall be .
;
' binding ugon and shall inure to the benefit of t;he respective ,
` ~ successors and assiyns of the parties t~ereto, subject to such~
specific 2imitations or assiqnment as are provided for herein. '
I
~ •. ~
i
~ -~
' 43. ~GOVERNING LAt~: This indenture of Lease shall ,
a
~_
be governed in all zespects by the lac,rs of the State of Alaska. ,~
; .
~
';j 44. NOTICES: ~~
'''
° ~ I
{a) Any notices required by this Lease shall ~~
: `I be in tr~riting and shall be deemed to be ~duly given only if deliv- ; j .
ered personally or mailed by certified or registered mail in a
-
~
prepaid envelope addressed as tollows: ~
` . To City: City Hall - City of Kenai ' .
" - P. 0. Box 580 ~
;
~;1 i
I . Kenai, Alaska 9961]. ~
i
,;i ' ~ ,
To Tenan~ : John Stoehner and Kri sti ne Stoehner '
' ?
~'
( Box 550
Kenai, Alaska 99611
~ ~ The City shall also mail a copy of any notice given to the Lessee, '
: ~ by registered or certified mail, to any leasehold lender (moztgaq~e,
-"~ ! . beneficiazy of a deed of trust, security assigr~ee) caho shall have •
;- ; given ~he City notice of sucli mor~gage, deed of trust or security
___ assignment. •
, ,~ (b) nny such addresses may be changed by ;
-2-~
~ an appropriate notice in c•rriting to aIl other partics: affec~ed
rovi.ded such chanc e of address is
~ 3~ gi~l~ii to tlie other parties by
--_ i:he means outlined in paragr.aph (a) above at least fifteen (15)
days prior to the 'giviny oL the particular notice in issue.
45. RT.GfITS OI' I•IOP.TG~+GF~ OT: LII:r:IIOLb~R: In the `
event of caiic~IlaL•ion or forfei~ure ot a lelse fo~- cause, ~he ~~ ~
~ holder of a proac~rly recorded mortr,;icre, d~ed of trust, conditional ~~
assignment or col].ai;eral aasignmenL- will have i:he option to acquire '~
;'; ~ L-he Lease for thc unexpircd term thereof, suLject to th~ t~rms and
• ;
~~ conditions as in the oriqin~l Lease.
, .
9G. L•'i:'1'RY ~1?JU RL•'-I:i~7'RY: In tihe event ~hat the ,
I.ease shoul.d be tert~ii~iaLed n:, h~~r~inbc£oz-e pi-oti•ided, or by sur~~nary
praceedinc; , or oLlier:~zse, or in tlic cvc~iL- thaC ttiE~ demised land~ ,
L~AS~- 1'age 11 It;I7'Tn1.S " ~
Ftevisecl 3/30/79 I.I:SSrL : .
LL•'5SOit:
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• O3: cll'~y t)ZZt t~1C1'COt al:(~:llt.~ i`v tlti~I:i~:)Ilt=i: i)'~ Lf:C'- T.C.`~:~!'e durinc~ t~1C.
831C~ tCl'Cl~ tif1C l~<'S::UZ OX lt:: c1CjC:lt.^•i :i4Y~clIlll:~ OT repr.asentativc~
may~ 1I^2^t.<i1.ltClf OJ' dll}' tllt:v' tt:C2't3:li1:C'.r~ YC~~'I:tC1' driG J"C:;llIi~^ ~)O;,-
sessioi~ o£ said lat:ds or =,ticli part tliereo£, and remove all person~
atid pr.opert}~ thercf.roc~, ci~i:cr b;~ ~u~:~~~..ry procccding:, or by a
suit•ak~le ~--ction or proce~clin~3 zt 1: ti: ~:iLtinuL beiiig liable for any
damages thcretor. tdo re-entrS~ b~~ thc Lcs~;or ~hall be dr_emed an
acceptance of a sisrrender of the Lca~c.
47. FORJ'f:J'Piti?E OF' l:t:?:TAL: In Lhc event Lhat the
Lease should be terminated b~c.lu~e•of any~ breich by the Lessee,
as herein provi.ded, the retltal pa}•r~cnt last r,iadE by tlie Lessee
shall be f:orfeited aud ret~incd by Che Lc~ssor as partial or total
liquida~cd damages for said breach.
48. WRITT::t: t•:AIVEk: The receipt of rent by the
Lessor t,~ith knoa:].edge of aity breach of the Leaae by the Lessee,
or any default on the part of L-he Lessee in ob~ervance or performancc
of any of the condi~ions or convenants c~f the Lease, shall not be
deemed to be a c~aiver of any provisions of the Lease. No failure
• on the part of ttie Lessor to c:nforce any. covenant or provi.sion
~therein contained, nor any ~ti~aiver of any right thereunder by the
Lessor, unless in writinq, shall di.scharqe or invalidatc such
covenants or provisions, or affect the r.ight of tlie Lessor to
, enforce the saMe in the event of any subsequent breach or default.
The receipt, by the Lessor, of any rent or any other sum of money
after the termination, in any manner, of the term therein demised,
~-'. or after the giving by the Lessor of any notice thereunder to
effect such termina~ion, sha].1 no~ reinstate, continue, or extend
the resultant term therein demised, or destroy, or in any manner
impair the efficacy oi any such no~ice of termination as may have
been given thereunder by the Lessor fio the Lessee pzior to the
receipt of any sucli sum of money or other consideration, unless
so agreed to in writing and signed by ~he Zessor..
A3. EXPIRATIO\ OF LEASEs Unless the Lease
renewed or sooner terminated as provid2d herein, the Lessee shall
peaceably and quietly leave, surrender and yield up unto the
Lessor all of the leased land on or befoze the ].ast day of the
• term of the Lezse.
50. BUTLDII~G AND ZO~:ING CODES: Leased lands
shall be utilized in accordance with the building and zoning
ordinances and rules and regulations of said autliority. Failure
to do so shall constitute a def•ault.
52. FIRE PROTECTION: The I,essee coill take all
reasonable precau~ion to prevent and t~ke all necessary action to
suppress destructive or uncontrolled grass, brus}i or other fires
• on leased lands, aiid comply eoith all lac•:~, requlations and rul.es
promulgated and enforced by L•he City.for fire protection within
the area wherein the leased premises are loc~ted.
J 52. PERSONAL USE OI' r11TLI:IIILS: All coal, oil,
7ws, and other miner.a3s and all cie~:osiLs of stone or ~g~:avel
valuable f.oz extraction or utilization and all materials subject
to Titlc IT, Division I, Cliaptezs 9, 5 and 6 of t•he Ala~ka Admitiis-
trative Code are e~:c~pi:ed fror~ tha operation of a surface I,ease.
Specifically, the Lessee of the surface rights shall not sell or
x'emove for use eJ.sewhc~re any L•imber, sL-on~, gra~el, peat mo~s,
topsoil, or any otitier mal-.erial val.ua}~].e f.or 2~ui l.ding or com-
~ mercial pui'poses; provided, t-o~.oever, Lhat ms~er.ial required Lor
t}ie developmen~ of the l.elsei~old may b~ used if its use is first
approved Uy the City t~ian~+c~er.
53. 1•;U'PU~1L CA~;Cl:LI.11'I'IO`1: Leasc;; in good st-anding
may bc cai~celle~d in c~r}io7e ot- in part- ai: euly ~ir.ie upoi~ mutual
wriL•ten agree:~enL- by Lessee a7c3 the Cit:y Cauncil.
LEASE - P~~<te 12 TNITIr1L5 _ _
R13VISED 3/30/79 LI.iS~.;[::
1,i:550I2: ~
,
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_ ...r.-.t..=c.., r.. i..~r.
T ,~,~ . - ~ ~ _ . _
.
5~3. U`JL~~S;FL'L USE PROHIBI:ED: Lessee shall not
a12ow the leasehold premises to be used for an unlawful purpose.
55. APPROV.\L OF OTfiER AUTIiORITIES: The issuance
by tr:e City o£ Leases does not relieve the Lessee of responsibil-
ity of obtaining license~ or permits as may be required by dulf
authorized IIorough, State or Federal agencies.
55. REASSIG.JI~tENT/R~LOCATIOi1: Should it be nec
to re-assign Lessee to a different area of the air
termi the parties agree as follows: At least '•y (30) days
wri~.ten no ' e, in advance of such reassign , shall be provided
to Lessee. The sts of zelocation, ' ding the costs of
moving and setting u unter a elated facilities, shall be
borne by the airport ter . and may, upon the aqreement of the
parties, be subtra from the nth].y rent due bl Lessee to the
Airport ter ' . Should reassiynme and relocation be necessary,
~Lesse 1 be provided and afforded equ ent space, in terms
oth area and location, as ~hat which it pr tly occupies.
IN t~ITNESS WEIEREOF, the parties hereto have here-
unto set their hands, the day and year stated in the individual
acknocaledgments below.
~. .
. LESSOR:
CITY OF KENA2 ~
By: ~~ _.. __ !
i
-E
LESSEE: ~
T
., ~
. 1
i
(If Lessee is a corporation)
ATTEST:
T1tle
. STATE OF ALASKA ) _
~ ' )ss
THIRD JUDTCIAL DISTRICm )
~ I3efore me, the und~rsigned, a Notary Public iii and for the
State of Alaska, on this day personally appeared Ctie1RLES A.
BROt•tN, Acting City Manaqer of ttie City of Kenai, knocon to be ~he
person who executed the above Lease and acknoealedged ttiat h~ had
tlie authority to siqn t}~e s~-me, for ~}~e purposes stated therein.
GIVEN UND~R r1Y II11UD AND S~AL OI' OFI'ICE, this day of
r 1~ `_
Notary Piiblic ~.ti and for Al~is};~
r1y Cc~n~.~~ission Expires:
LE~~S~ - Paye 13
R~VISED 11/13/79
I:iITIALS
L~'S S ~!~; •
L::~'~7~.
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{.-.-. - -- `- - ~ -- ..t~. ..wa.-. - - .._ --
- "•S -- - - - - -_. ----
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~
- I CORPOR~TIOV AC'c;::0:•:LiDG'•~.::T
~
i STATE OF ALASfi~~ )
) ss
~ THIRD JLTDICIr1I, DZSTRICT )
Before me, the un~ersigned, a tiotary Public in and for the
. State of Alaska, on this day personally appeared
and , knos~~n to mc to be the
persons and officers whose nar~es are subscribed to the foregoing
Lease, who being duly sworn, did say that they are the President
and , respectively, of
Company, a corporat~.on, and ac}:no:,rledge@ to me that they executed
said Lease as their free act and deed in t}ieir•said capacities,
and the free act and deed of said corporation, for the purposes
stated therein. -
GIVEN UNDER ASY HAND AND SEAL OF OFFZCE, this day of ~
. 19 r
i Notary Public in and for Alaska
~ My Commission Expires: '
I •
q '_
~ INDIVIDUAL ACKNOt4LEbGtdEBIT (S) ; ~
LESSEE
,~'<ts,,; ~
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STATE OF ALASiCA )
) ss
THIRD JUDICIAL DISTRICT ) '
On this day of , 19 , b.efore me personally
appeared ~ , kno~on to be the person who
executed the above Lease and acknocaledged that he (she) had the
authority to siqn the same, for the purposes stated therein.
Notary Public in and for Alaska
My Commission Expires: ~
i
ACKNOS~TLEDGMENT FOR IiUSBAND AND SVIFE f
~
STATE OF ALASKA )
) ss
TIiIRD JUDICIAL DISTRICT )
IIefore me, t2~e undersigned, a Notary Public in and for the
State of Alaska, on this day personally appeared
and , husband and wife,
both known to be the persons ~otiose names are subscribed to the
foregoing Lease, and acknowledged ~o me th<zt they e:cecuted the
same as ttieir free and volunt~ry act and dead, and for ttie purposes
and considerations therein eYpressed.
GIV~N UND~R b1Y Fi~~tan AP:D SE~1L OF OI'FIC~, this day of
, 19
f+otar}• ~'ublic in and for Alas}:a
t•:;~ Cor.:^~ission E~Uires:
LEASE - Pac~a 1~
F.t:VIS~D 11/13/79
Iti ITI?.LS
LESSEE:
LESSOE? :
~
~
"' "t.' •._ _. _.-~_ _-_ . _` .. _ . _ ., . _ _
- _" _ _wu-~..a_~..n .. ' _ _ '
_ ,~ . _
''1
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• Approved as to Lease form by City Attorney
~ _.<<;,,, ( InitiaJ.s)
Approved by Finance Director
~ (Initials)
~ - ,
!
~
~
~ ~~
i
Approved by City Manager
(Initials)
LEASE APPROVED BY Ci.ty Couticil this ~ day of , 19~
City Clerk
LE~1S~ - Page 15
REVI5Eb 11/13/79
s-~ __ --~ r ~
I:9I'I'IALS
LESSEE:
LE5S0::
1 t _ . ___ ' . __..T~._ ~
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___ __-___ . _ .__ __ .r r _ « _ _ _' ~~
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EXHII3IT A
~ i -~ -- •~~ +s~
~ ' _... ~.- - _ .... __.~..::~
VALUE RA7E RE~~TAL
DESCRIPTIOy SQ. FT. PER FT. OF RETURPI ANNl6AL MQNTHLY
Lot 1-Black 1 39,200 $1.55 6% $3,645.60 $303.80
Lot 2-Block 1 39,200 $7.40 6% $3,292.80 $274.40 ~
i
Lat 3-Block 1 39,200 $1.40 6% $3,292.80 $274.40 ~
$10,23i.20 $852.60 '
;
_ ~ ,
;
.~ __ _ •
APPRAISED FAIR MARKET VAl.UE FOR: ,
'
~
~ Lot 1 - Block 1 $60,760
~
_
Lot 2 Block l $54,880
,
... Lot 3 - Block 1 $54,880 . (
~
EXHIBIT A FOR: #
~
JOHN STOEHNER ANO KRISTINE STOEHNER ~
OBA/ARCTIC FUEL SERVICES - BOX 550 - Kenai, Alaska 99611 ;
CITY OF KENAI
, P. 0. BOX 580 - Kenai, Alaska - PHONE 283-7535
(
~ --
,
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l
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CcPARTMENT OF TRANSPORTATION ~
- ~ •s !~ FE~~RAL AVIATION ADMINISTRATtON ,
ALASKAN REGI0111 ~
- v.o eox u
--- 701CSiREET ~'t •~Y~, I
ANCNOfiAGE. ALASKA 9861~ ~~ ~ ~ ~~yi~ ~Ot I~Z
~ f1 ~y~ a
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~
DEC 14 ~q79
Mr. Charles A. Brown
Acting City Manager
City of Kenai
P.O. Box 580
Kenai, Alaska 99b11
Qear Mr. Brown:
In reference to your letter of December 4, 1979, enciosed are three
signed and notarized copies of amendment to Contract No. FAb7AL-5272
reflecting the rental rates for the up coming year.
If the amendment is satisfactory, please sign and return two copies
to our office.
Sincerely,
L. D. SNELL
,,~~ Chief, Rea] Estate and Utilities Branch
~i Enclosures
~
; __ _ _ _ _
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Y~
I , AME~'DMEI~T TO LEASE
~ ~ ~
That certain lease contract between the City of Kenai and the United States
~ of America~ represented by the Federal Aviation Administration, Alaskan Region,
4
~ Coatract No. DOT-FA67AL-5272, ir-cluding Supplemental Agreement Iw s. 1 through
' 7, dated October 15, 1966, is hereby amended to reflect that, in accordance
_ : with Condition 9~ as amended, of said lease, the lease rate has been
i ~
reaegotiated for the following areas as outlined below:
~
i
i
ist Floor ;
~
'" Equipmeat Room No. 8: 560 sq. ft. at $.86 sq. ft./mo. _$ 481.60/mo. or ~
~ 560 aq. ft. at $10.32 aq. ft/yr. _$ 5,779.20/yr ~
I,
~ ~~Office Space No. 9: 260 sq. ft. at $.86 sq. ft./mo. _~ 223.60/mo. or Q
1 -" '~ 260 aq. ft. at $10.32 sq. ft./qr =~ 2.683.20/yr : ~
Y
;; ,~
. . 4~ 2ad Floor . • ~ i
' A
~ ' Flight Service Statioa: 1,245 sq. ft. at $.86 sq. ft./mo. _~ 1,070.70/mo. or
~~' 1,245 sq. ft. at $I0.32 sq. ft./yr. s$12,848.40/yr •
;~ I a
, ; Flight Service Station ~
~ Stairrray: 120 sq. ft. at $.8b sq. ft./mo. _~ 103.20/ma. or p
~' ~ 120 sq. ft. at $10.32 sq. ft./yr. = a 1,238.40/yr. t
~ , ;
,~~;,~'- ~ ~ , ~ ~
-~ ~ The term of this amendment is for the period beginning December 15, 1979, and ~
~ i
:+? ~ ending December 14, 1980. All of the above lease rates include janitorial ~
: ~ ;. ~ ~
,.. ~
''. ~ ~~ aervice. All other terms~ conditions. and covenants of the lease contract and
i
~ ,
,~ supplemental agreements as described above, including the provision of
,, _ ~ .
Condition 9, remain in full force and effect.
~ ,
CITY OF KENAI
° ~ BY
,, STATE OF ALASKA )
~ )ss.
THIRD JUDICIAL DISTRICT )
On this day of , 1979, before me personally
appeared , known to be the person who executed
the above Amendment, and acknowledged~that he had the authority to sign fcr the
purpoae atated therein.
NOTARY PUSLIC FOif nL~!SKA
My Cou~ission Bxpires
' i
~.
-_ !.
~ -- - - - ~. ~..:. . :,,..,-..
~ ~ .
•
~
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~ UNITED STATES OF AMERICA, REPRESENTED BY
„_ ,~ THE FEDERAL AVIATION ADMINISTRATION
BY • .z ~ : , .:
~ TITLE ' a~ ~ ~~;." , .L '~- , !. ~
SfATE OF ALASKA ) ,
)ss.
i 1'E~IRD JUDICIAL DISTRICT ) ,
( On this ~S~ day of 1~!~~„c•~-~L , 1979, before me personally ~
aPpeared c• ;-~l „,_t~ _, , i. ..,;'-'-•. _ , known to be the person who
~ ;: executed the above Amendment and acknowledged that he had the authoritq to sign
: the same, for the purposes st ed therein.
i ~~<
, l ~ -,( •
PUBLIC FOR ALASKA
My Commission Expires ~~~/~s~
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~9
CITY OF KENAI
„~~l G'a~~:ta,l ~ ~J~u~ia„
Y. O. 60X 5B0 KENAI, AIASKA 49611
TFIEPNONE 283 - 7535
December 21, 1979
M-E•M-Q-R-A-N-D-ll-M
T0: CITY COUNCIL
FROM: Charles A. Brown, Acting City Manager C~~
SUBJEC7: Amendment to Lease - Ref: Kenai Air Servtce
In doing a follow-up on the Kenai Air Service Lease we found that
Uern LofLstedt had not returned his signed_lease, subsquently an-
, a~.
other was sent. He has now signed and returned the "Amendment to
~ Lease", therefore, I am presenting it now for your consideration.
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. AZ'iF.ND'~IIi~T TO I.FASE '
Th it certain lease bettivecn the Citl• ui I:enai and
KENAI AIR "ALASKA , c3ated DECEMBER 27, 1965 ~ , ,
~
and recorded at Book 40 , Pa~e 249 , is hereby ~
amended to reflect that persuant to Paragrnph TEN (10) ~
~ of such lease, the lesse rate has been renegotiated for
Lot 3, Block 2 GAA '
•- ~
$.~2 per square foot per year for 50,000 feet t
i
by the parties and is now and shal2 be $ 3,600 per year P1us sales;tax
for the period beginning July 1 , 1979 , and endin ~
~
June 30 ~ 19 84 i
~ ~
CITI' OF KEI~AI
4 .. ~
STATE OF AI.ASKA )
) ss.
THIRD JUDICIAL DISTRICT )
On this day of , 19 , before me
personally appeared , known to be the
person who executed the above Lease, and ackno~vledged that he (she) had
the suthority to sign, for the purpose stated therein. •
a
J~ STAT~ OF ALASKA
{ ) ss.
it THIRD JUDtCIAL DISTRICT )
;•
~~ On this 17 day of December . 19 79 , before me
~~ persona113~ a~ppeured Vernon L. Lofstedt, Jr. , knotvn to be the
~' ~erson cvho execufr.d the above Lcuse and acl:nowlcdged that he (she) had
!+ the autlwrit3• to sign the same~ for the purposes stated therein.
~: ~
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;~ Nn7'ARY: 'U1 LiC FOIt ALASKA
' . b'Iy Cammission I:xpires .t,~~^ 1984
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rOTARY PUBLIC FOR ALASKA
M~ Com:nission Expires
LESSEE
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ALASKA DEPARIMENT OF REVENUE , , r
APPLICATION FOR PERMIT FOR AUTHORIZED GAMES OF CHANCE AND SKILL ~ I
CALENDAR YEAR 19 g~ '
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~ ~TU~ T~~ PERMIT FEES: ~
_ Dept. of Revenue - Audit $20.00 due with application
Games of Chance b Skill 1% of entire net proceeds due with annual
Pouch SA financial statement
~ Juneau, Alaska 99811
~ PIRST APPLICATION
` ~PExMIT RECEIVED PREVIOUSLY
APPLICATION MiJST BE COI~LETED IN ACCORUANCE WITfI 15 AAC 05.460
OBGANIZATION: ,.~ pf
-s~t~~ ~~'1 rFI ~ ~- ~ ,C c= . n
Name: K~• r//~ / !" 0~ j ?!~
Addresa:
QUALIFICATIONS FOA A PERMIT:
A. Tqpe of organizatlon (Check one)
* (1) Civic or Service
I (6) X Veterans
(2) Religious
(7) . "
Police or Fire Companq
-- (3) Charitab2e (8) Dog Mushers ~ ~
` (4) Frateraal (9) Fishing Derbq
(5) Educational (10) Political
(11) Labor
8. State hoyr long organization has beea in existence r' r'r%~ ;`;'~•'~` '~ r ry~ 6~
C. Recognized as non-profit orgaaizatioa under the Fedesal Iacome Tax Laws.
' ~ Yes No
~ Include a copy of IRS Certificate if not previouslq submitted. ~
~ D.. Affiliation with National Organization: ' '
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. • Name of National: ~~1 ~' ~~ ~^'~ t ~ ~ !f ~ •" '~ ~ yj ~
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Headquarters Addresa: f '~ '• ~~ i~~ I. ~ ~• ~~'` -- fi~;l •' ' ~ ~=, .l.! ~ ~C L G%d ~o
E. Organized as a` Coryozatioa; Associ~ioa; Partaership; Firm;
Company. ~' . , . .- .v. . . r,~ r i ~ • ~-
Include a copy of original Charter, By-Laws and a current liat of 25 local
members, if not previously aubmitted.
***ALL ANSWERS MUST BE PRINTED ZN INK OR TYPEWRITTEIi**k
04-643 (8/7g) (over)
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~TYPE OF GAMES TO BE CONDUCTED: ~•
(1) ~~ Bingo (3) Ice Classics (6) Fish Derbies
(2) x Raffles 5 Lotteries (4) Rain Classics (7) X Contests of Skill
(S)_ Dog Mushers Contest
List types of games by comman name if other than those listed above.
See Sec. 05.15,180; 15 AAC 05.410 and 15 AAC 05.450.
OPFICERS:
I. Name
%!lIEJld t. J: ~~4 P'L G :~G ~ Title
Cc ,~;/'~ft /'~/,~/: ,Z
- Home Phone
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2. 'r i/~' : Ii/ t ~ [. +, ~v _
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4.
5.
P~SONS i~1 CWIRGE OF GAMBS (Muat be a aiaaber of permittee organization):
Name Title
G~~ ~l~J ~" ~- . ~ r.~ri/.4~ ,4 ~ JaT:+~~ ~
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Home Phone
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DATES AND HOURS OF GAMES: ~
Bingo games must uot be held more than 9 tiaies a month with 35 games ger session.
x''~/ya~t/ /~/~/L)~4 '/ ~uL~ j t%yl-7 Date Hour .
DEDICATIOiJ OF NET PROCEEDS:
A.
B.
Estimated gross receipts (yearly) $
State_the specific p~~rp~~~L.~~~hich, e e t:~r~~net proceedsla e Yo,-b ev ted r~~.
~t~d i y~ t manae~C . U r~ -t, ~'+~ /'r~i h~ .K j t : •r. ., ~.v , •~ ~ ~ ~~~~ ~ s 7p ~
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CERTIFICATION:
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We certify that all the officers and all the persons in charge of games are of
good moral character and have never been convicted of a felony. We certify, under
the penalties of per~ury, that all of the statements contaiaed herein are true
and r_orrect to tt~e best of our knowledge and belief.
SZGNATtTRE OF TWO OFFICERS REQi~ ID CITY COiTNCIL APPROVAL
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CI7T OF KEN-1
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AGR~E:tE:JT FOR E!:GI:{F.EA.IiIG SF.RVICES
THIS AGREEhtE.1T, made this day of ,
1979, by and between the City of Kenai; Alaska, hereinafter
referred to as the O:~tti£R, and Enqineering Consultants of
Alaska, A Professional Corporation, d/b/a Slince-Corthell-
Bryson and Freas, hereinafter zeferred to as the EtJGINEER:
The O[4YER intends to construct certain improvements to the
Municipal street and associated storm drainage system
consistinq of the realignment and construction of pavement,
curb and gutter, sidewalks, and storms inlets located alonq
the South Kenai Spur Fiighway Fzontage Road from Plain Street
to Lake Street. The ENGI?IEER agrees to perform the various
pzofessional engineerinq services requized for the design of
said improver~ents, hereinafter referred to as the Project.
YJIT:JESSETH :
That for and in consideration of the mutual covenants and
promises between the parties hereto, it is fiereby agreed:
SECTION A - ENGINEERING SERVICES
That the ENGINEER shall furnish basic enqineering services
as follows:
1. The ENGINEER shall, in consultation with the OWNER, and
under the direction of a Licensed Surveyor, prepare a
preliminary plat of proposed land transfers required as
a direct result of this project.
2. The ENGINEER will perform the necessary surveys to
determine the contours, clearances, locations and
dimensions of all land features and structures which
pertain to or affect the design of the project. The
ENGINEER will locate and/or establish tempozary and
permanent survey control markers, both horizontal and
verticsl, adequate to locate the projects with respect
t~ property boundaries and existing survey control
points and datum.
3. The ENGINEER will perform subsurface explorations which
are necessary for the design of the project.
4. The ENGINEER will prepare preliminary plans and cost
estimates, and desiqn reports, and furnish five copies
to the OSdNER.
5. The ENGINEER will attend conferences with the Ot4HER and
representatives of other fnterested Qarties, relative
to the project.
6. After the preliminary plans have been reviewed and the
OWNER dizects the ENGINEER to proceed, the ENGItiEER
will accomplish the detailed desiqn of the project,
prepare detailed plans, specifications and contract
documents, and make final cost estinates based on the
fi7a1 desiqn. The contract documents shall include the
notice to bidders, proposal form, contract agreement
form, general conditions, special provisions, and forms
for payment and performance bonds. All of these documents
shall be subject to OS•:.IER approval. The plans prepared
by the ENGI:7EER shall be in sufficient detail to perr.iit
the actual location of the proposed inpro~•ements on the
qround.
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7. The E;tGI`1EER urill furnish to the GS•J::ER at the rate set
in Section D3d necessar~ copies, but not to exceed 24
sets of plans, specifications and contract docwnents to
be disbursed to prospective bidders, material supgliers,
and other interested parties. Upon aaard of the contract,
the ENGINEER will furnish to the OY111ER at the rate set
in Section D3d six sets of the plans, specifications.
~ and contract documents for execution. Oriqinal Documents
• are, and shall remain, the property of the OYmiER. The ~
OS9iVER, hoyever, may elect to receive mylar zeproductions
' in lieu of original inked drawings. Engineer may
retain for its files copies of any or all docwdents
i with such copies to be pafd for by the Enqineer.
' 8. The ENGINEER will attend the bid open{nq and tabulate
the bid proposals, make an analysis of the bids, and
• make recommendations for awardinq contracts for construction.
i•
~ 9. The EIZGINEER will check and approve any necessary shop '
and workinq drawinqs furnished by contractozs.
10. The ENGINEER will interpret the intent of the plans and
specifications to protect the OVJNER aqainst defects and
. deficiencies in construction on the part of the contractors.
. The ENGIt:EER will not, however, guarantee the perfonaance
s by any contractor.
11. The ENGIH£ER shall obtain and maintain at the E:iGItJEER'S .
'• expense, such insurance as Will protect hfm and the
{, Ot~iNBR from claims under the Workman's Compensatfon Act
i and from all claims foz bodfly injury, death, or `
, property damage which may arise from the neqliqent
.. per£ormance by the ENGINEER or by the ENGItiEER's ~,
employees of the ENGiN88R'S functions and services ~, ~
' zequired under this Agreement.
~ SECTION S- COMPENSATION POR ENGINEERING SERVICES
f~ ~
{' That the OwNER shall compensate the E[CGINEER for service~
J, under Section A by payment of an amount computed from •
t tfine expended and expenses incurred, at the zates set furt.:
in Section D. The compensation for work on this item in
i. Section B shall be computed separately, and the total
• corapensation for this item shaii not exceed the zespective
, amount as follows:
Item Cost (not to exceed)
~ South Kenai Spur Highway $28,000.00
Frontage Road
+ This limit of cost shall not apply~to work perforned under
Sectfon C, nor to work required for redesign of any item •
after approval of the design by the OtaNER, nor to modifications
of bid documents required because of changes in bid dates or
re-bidding.
Payment of compensation under this Section shall be made as
follows:
1. Upon submission of preliminary plans, paymer.t for time
and expenses incurred.
2. 1Jpon submission of final plans, specifications and bid
documents, payment for further time and expenses
incurred.
AGREEEIEYT FOR ~iGIISEERI:7G
SERVICES - Page 2 ~ ~
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3. Upon co:npletion of all services required, payment for
balance of ti~ae and e~cpcnses incurred.
SECTIO:J C- ADDITIO':~tiI. E`SGIriEERI:iG SEftVICES
That, in addition to the foregoing services, the following
services may be required, when mutually agreed upon by the
; OYJtiER and the ENGINSBR:
~ 1. Assistance in neqotiatinq for land and easement rights.
~ 2. Redesigns ordered by Lhe Ot4itER after final plans have
• been accepted by the oY1tdER.
~ 3. Appearances before courts or boards on mattezs of
~ litigation related to the project.
~ 4. betailed inspection of the pzoject as construction
progresses.
5. Furnishinq sets of contract documents in excess of
. those required in Section A7.
Paymeat for the services specified in this Section C shall
be in accordance wfth the schedule set out in Section D
hereof. The El7GINEER will render to 047HER for such services
an itemized bill, separate from any other billfnq, at the ,
end of each month for compensation for services perfosmed
~ hereunder durinq such month.
+~ SECTION D ~
• SCtIEDULE OP RATES AND CHARGES POR ENGINEERING SERVICES '
~ That the rates and charges for services under Sections 8 and ~
~ C shall bes
f 1. ENGIHEERING RATE PER HOUR
~ Engineer, Grade i 542.00
i Enqineer; Grade II 37.00
Enqineer, Grade ISI 32.00
~ Engineerinq Technician 29.00
~~ Draftsman 18.00
Typist (Reports b Specifications Only) 18.00
~ 2. SURVEYING RATE PER HOUR
• 4-tdan Party 110.00 ,
3-Man Party 86.06 ,
2-tRan Party 61.00
Crew Chief Alone 33.00
, Electronic Distance t4easurinq Instrument 9.00
3. REIDIBURSABLE EXPE.ISES
a. Automobile travel for trips to points in excess of
five miles from office at 50.25 per mile for both
ways.
b. Cost of subsistence and lodging for any necessary
trips out of Kenai Peninsula Borouqh plus 103
added for overhead expense.
c. Cost of long-distance te2ephone calls plus 10~
added for overhead expense.
d. Standard retail cost of printinq and reproductions
.sccomplished b/ Enqineer and actual cost plus 10'e
cf printing and reproductions contracted out by
Engineer.
AGREEDIENT F'OR EKGI::EERI::G
• 3ERVICES - Paqe 3
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Type Name: Date:
~ Title: i
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'(SEAL) '
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ELiGZltECR: Enqineering ;
~ Consultanta of Alaska ~
: Sy: ~.t\ ~ ~ •~ts,t.
~
~ ~ l,TTESTs Type ,lames Phili~ t1. 8r;~n ,
~
,~'".A~,_~c. Lc), ;r.a~.~ Tit1e:E~i~. Viee President S
1'yptt lfames Fzank t:. t•lince Date: DeceN~er 20. 1979 ~
'Pitle: President ~ '
AGREEtt£yT F'OR ~ ~
ENGI::EERI::C SERVTCES - Paqe 4 ?
e. Cost of srecial tests and services of special
consultants plus 1~: added for overhead eipense.
f. Cost of commercial transportation for any necessar!
trips out of Y.enai Penfnsula Sorouqh, plus 103
added for overhead expense.
SECTIOti E - TERl1IIJATIOA
~ That, in the event of termination or indefinite postponement
~ of all or part of this project by the OYRJER, the ENC,Ii7EER
shall be compensated for work accomplished to that time as
' folloxs: :
For work actually accomplished and expenses fncurred
under Sections A aad p, based on the payzoll and time
• records of the E.tGINEER, at the rates set in Section D,
, bnt not to excee8 the total amount stfpulated in Section
. S. To this amount shall be added payr~ent for additional
services and costs incuzzed in accordance aith Section
• C.
SECTION P- TIIdE OF PAY.~SEtiT
That all correct payments +•nder this agreement are due and
payable within 30 days after the date of delfvery to the
}, Ot•~.1ER of each invoice. Any amounts unpaid after 30 days f
aftez the date of the invoice sha21 have added to them .
interest at the rate of 88 per annum, computed from said ~
date until paid.
• SECTIO~1 G - E%ECUTION
~ ZN WITNESS KHEREOP, the parties hereto have executed, or
~ caused to be executed by thefr duly authorized officials,
' this Agreement in duplicate on the respective datee indicated
; below.
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~ (SEAL) OWNER: CITY OP REN~I
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ATTESTs • Type Name:
' Title:
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December 28, 1979
MEDiO
~~~
CITY OF KENAI
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P. O. EOX S~0 KENAt, AIASKA 99611
?E/EPiIONE R~'d • 7535
T0: Mayor and Council of the City of Kenai
FROM: Keith Kornelis, Director of Public SVorks
SUBJECT: SVhat's Happening Report for City Council Meeting
January 2, 1980
It1ELL HOUSE 101 RENOVATION
The final inspection was held on ~Vell House 101 and a punch list
has been compiled for the contractar to complete the work. It
may be as Iate as the end of January before the project is
1D0 percent complete.
AIRPORT ~9AY - {9ATER SELVER, AND STREET '
There has been no change on this project since my last report.
tVince, Corthell, Bryson, and Freas will give us a cost estimate
of the amaunt af wark and warantee work that still needs to be
done .
SHOP ADDITION - LUBE RACK
~Ve have received the grant amendment. EDA will be sending us a
new Standard Terms and Conditions which was revised on October 1,
1978. They will also send us the Department of Labor Regulations
48CFRb0-4 which concerns the goals and time tables of Alinority
~,. women in construction. 14e have a few minor changes that have
to be completed and then we will be going out for bid on this
proj ect.
KENAI SEti9ER TREATMENT PLANT
CH2M Hill has prepared the grant application for Step III of this
project. They have included an addendum to their contract and
that of their subcontractor with the grant application. I believe
Char2ie Brown will be going over this with Conncil at the upcoming
Council meeting.
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~ Memo to Mayor and Council
Page 2
December 28, 1979 --
NEtt' STREET MAP
As I mentioned in my Iast report, the Public l~torks Department has
prepared a new street map. The map contains actual streets and
no paper platted streets. It also does not contain lot Iines.
I hope to pass this map andamemo out at the upcoming meeting.The memo
~iseusses the possibility of changing the aId ardinance
concerning the direction of streets and avenues. The City of
Kenai also has a few streets that have the same or similar names.
Some thaught should be given to changing some street names so
that each street name is unique.
TOPO STUDY '
This last week the Public ~Vorks Department went over the format
and the sample drawings with TValker and Associates~the mapping
sub far our topo study~ and USKH, the general contractor. It '
looks as though this project will be complete by the end of
~ February. Four additional quarter sections have been added to
the project through CEIP funding. The City of Kenai~ through
' I CEIP funds~will be paying for 46 quarter sections. Because
there is very little land on some of the quarter sections that
I we have chosen~USKH will be delivering 49 sheets with different ~
quarter sections on them. Walker and Associates is also going
to do a mosaic for the City. They will also reduce this mosaic
~ i down to be included in our map-size sheets.
~ SHOP CREtVS
--- Shap crews have been working on maintaining the City's vehicles
~~ as usual and keeping the equipment in running order. They have
also been working on adapting the new snowblower to our equipment.
' ~I STREET CREt9S
, .
~ The Street crews have been grading, sanding, and plowing streets
-`; and the Airport. Also they have been hauling sand and repairing
;; runway lights. They have worked on the ~Varm Storage doors.
~,
~,~
. WATER AND SE~VER CREtiYS ~
' i The Water and Sewer crews have been checking tiYell Houses and Lift '
~'%= „ Stations plus cleaningasewer line on Front Street. They have
'~r~, ;`f been thawing fire hydrants, checking meters, and working on
: ; water and sewer equipment.
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ALASKA 11iUNICIPAL LEAGUE
biINUTES OF THE ANNUAL $USIS~ESS blEETING
~ November 2, 1979
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The annual business meeting of the Alaska biunicipal Lea~ue was called
to order by President Phil Younker at 10:15 am on Novemher 2, 1979 in
the auditorium of the Centennial Building in Sitka, Alaska.
ROLL CALL - Executive Director, Ginny Chitwood called the roll and the
following municipalities were represented a.t tbe meeting: ~funicipality
of Anchorage, Barrow, Bethel, Bristol Bay Borough, Corflova, Dillingham,
Fairbanks, Fairbanks North Star Borough, Haines, Haines Borough,
Homer, City and Borough of Juneau, Kenai, Kenai Peninsula Borough,
Ketchikan, Ketchikan Gateway Borough, King Cove, Kodiak, Kodiak Island
Borough, Kotzebue, btatanuska-Susitna Borough, Nome, Palmer, Petersburg,
3aad Point, Saxman, Seldovia, Seward, City and Borough of Sitka,
Skagway, Soldotna, Unalaska, Valdez, t9asilla, ti7hittier, and t7rangell.
A quorum wa.s present.
biINUTE3 OF THE 1978 BU3INES8 ~lEETING - President Younker announced
that tbree resolutions bad been inadvertantly leYt off oY the minutes
tbat were distributed in each delegate packet. These resolutions had
been passed at the business meeting last pear. Theq included a resolution
expressing support for the people of Wrangell and requesting state and
federal disaster assistance; a resolution of appreciation to the
Anc~orage Westward Hilton Hotel; and a resolution of appreciation to
the DSunicipality of Anchorage. Don Gilman, biayor, Y.enai Peninsula
_- Borough, moved the minutes be approved with the inclusion of the
resolutions. Dave ~4alsh, Assembly biember, biunicipality of Anchorage,
`' seconded. The question was called and there being no ob3ection, the
motion to adopt passed unanimouslq on a voice vote.
CON3TITUTION AND BY-LAtYS CHANGES - The following proposed amendments
to the constitutfon and by-lacvs were read on the opening day of the
conference, October 30, 1979. Underlined words are additions; bracketed
words are deletions.
CONSTITUTION - Article IV, Section 1, Officers: The officers of this
organization sball be a president, first vice president, second vice
president, immediate pa.st president, u to five (5) past presidents,
~_ --
executive director, and seven (7) directors, each of whom, with t~e
exception of the executive director, shall hold aa elective or appointed
position in a member city or borou~h. If there are more than five
eligible past presidents, in addition to the immediate past president,
the positions shall be f illed b~-_the five most recent past presidents
Article IV, Section 2, Term oY Office: The terms of office of the
presideat ~d vice presidents shall be one year. The terms of office
oY director shall be two years. [The five directors elected in 1968
shall apportion by lot 4 tcvo year terms and 1 one year term.] The
__ term of office of a ast resident shall continue until he is replaced
' ~ by a more recent past president or unt 1 e s no longer eligible
-- _-, to serve.
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Article IV, Section 3, Board of Directors: The board of directors
shall consist of the president, first vice president, second vice
president, immediate past president, up to five (5) past presidents, '~
and seven (?) directors. The board of directors shall have general
supervision over all the affairs of the organization, sub,~ect to the
will of the organization expressed at any duly convened meeting.
BY-LA~9S - Article II, Section 12: Past Presidents, who no lon~er
hoZd an elective or appointed position in a member city or borou~h,
shall be ex-officio members of the League and the board of directors.
Article VI, Section 1, Board Meetings: biore tha.n one-ha1P (~) of
the members of the board of directors, excluding all past presidents
exce t the immediate ast president shall constitute a uorum at a
meeting oP the board of directors. b~ore t an one-half () of the
votes, excluding blanks, cast where a quorum is present, shall con-
stitute a ma~ority vote.
CONSTITUTION - Article IV, Section 4, Vacancies: Any Vacancy in
ofYice shall be filled bq appointment by the president, subject to the
approval oY the board of directors and the provisions o4 Article V,
Section 1 of the constitution and Article II of the Bq-Laws.
Article V, New Section 1, Automatic 3uccession: Immediately prior
to election of officers at the annual business meeting, the office
of_president shall be filled by succession of the first vice president;
the fi rfit n c!p nrs~ci Aeant }.o t o ~nn~nA .~~..e .,«ee~ ae.,+ .....,...s a..a
a vacancy in tne oYrsce oY -
on at the annual meetine nrior
zo succession, ana zurzner proviaea that additional nominations maq
be made from the floor for that oPfice.
Article V, 3ection I1] 2, Nominations: Nominations Por [elected officers]
second vice president and directors shall be made bq a nomfnating
committee of Y ve (5) members chosen bq the president on the Yirst day
of the a.nnual conference. Additional nominations may be made from the
floor, and.elections shall be on the last day of the session.
At that time President Younker appointed a constitution and by-laws
committee consisting of Dave Walsh, Chairman; Lee Sharp, City and
Borough of Juaeau; Betty Glick, Kenai; ~Sike Ribar, Fairbanks North
Star Borough; and Carol Lechner, Kodiak. The members have studied the
changes aad recommended their adoption.
~Valsh again read the fir.:t set of proposed amendments. ~Palsh moved
a.nd Gilman seconded the adoptio~ of the amendments. The question was
called and the motion passed unanimously on voice vote.
Walsh again read the second set of proposed amendmeats. S9alsh moved
and Gilman seconded the adoption of the amendments. The yuestion was
called and the motion passed unanimously by voice vote.
POLICY CObi~iTTTEE ItEPORTS - President Younker stated that the proposed
policq statement prepared by the legislative committee at their
meeting on August 23 & 24, 1979 in Valdez, and the board of directors
at their meeting August 24, 1979, also in Valdez, was now before the
delegation.
2
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Ron Larson, Mayor, Diatanuska-Susitna Borou~h, moved the adoption of
the proposed policy statement. ~Yalsh seconded.
PART I. TAXATION AND FINANCE - Lee Sharp, Attorney, City and Borough
of Juneau, moved Part I be adopted as proposed. Bill Curtis, ?iana~er,
City of Palmer seconded. No changes ~vere offered to Part I, Section A,
1 through 4. The policy commfttee proposed that Part V, Section B-
~totor Vessel Taxation be moved to Part I, Section A-5, Sharp, Speaking
on behalf of the legislative committee, recommended this section be
deleted from the policy statement. He said the le~islative committee
further recommended the President appoint a special committee on this
subject and that this committee report fts findings to the legislative
committee before its summer meeting. Sharp moved the le~islative
committee's recommendatfon. It was seconded. There being no ob~ection,
it was so ordered.
No changes xere offered to Part I, Sections B- 1 through 3. No changes
were offered to F~art I, Section C- 1 through 3.
Part I, 3ection D, 3tate Shared Revenues - 1. Ron Garzini, Chief
Administrative Officer, biunicipality of Anchorage, moved to adopt the
followiag amendment: In the second line add a period after the word
"development" and delete the rest of the sentence. Barbara 3haffer,
Council biember, City of Nome, moved a substitute motion as Yollows: D-
1. '•The League strongly supports continual evaluation of the formula
of reveaue sharing.'• It was seconded. Discussion followed. The question
was called on the substitute motion and the following roll call vote
was recorded: AYES - Municipality of Anchorage, Barrow, Bethel, Fairbanks,
Fairbanks North Star Borough, Ketchikan, Ketchikan Gateway Borou~h,
Rotzebue, Nome, Saxman, Citq and Borough oP Sitka, Unala.ska, ~Vasflla,
and Whittier. NAYS - Bristol Bay Borough, Cordova, Haines, Haines
Borough, Horaer, City and Borough of Juneau, Kenai, Kenai Peninsula
Borough, King Cove, Kodiak, Kodiak Island Borough, Matanuska-Susitna
Borough, Palmer, Petersburg, Sand Point, 3eldovia, Seward, Skagway,
Valdez and ~7range2l. The Motion failed 14 to 20. After more discussion,
the question was called on the main motion and the following roll call
vote was recorded: AYES - biunicipality of Ancbora.ge, Bristol Bay
Borou~h and Nome. NAY3 - Barrow, Bethel, Cordova, Fairbanks, Fairbanks
North Star Borough, Haines, Haines Borough, Homer, City and Borough oY
Juneau, Kenaf~ Kenai Peninsula Borough, Ketchikan, Ketchikaa Gate~vay
Borough, King Cove, Kadiak, Kodiak Island Borough, Kotzebue, biatanuska-
Susitna Borou~h, Palmer, Petersburg, Sand Pofnt, Saxman, 3eldovia,
3eward, City and Borou~h of Sitka, Skaguvay, Unalaska, Valdez, ~~asilla,
t9bittier, and ~9rangell. The Motion failed 3 to 31.
~
The amendment having Pailed the motion properly before the body was
the adoption of the language in the proposed draft of the policy
statsment. Lehne moved to amend paragraph D-1 as follows: In the
first line, strike the words "100%" and insert the word "increased";
in the second line, after the word "program" add the words "to a level
at least three times the 1979 4unding level,". It was seconded. The
question was called and the fol2owin~ roll call vote ~vas recorded:
AYES - biunicipality oP Anchorage, Barrow, Bethel, Brfstol Bay Borough,
Cordova, Fairbanks, Fairbanks North Star Borough, City and Borough of
Juneau, King Cove, Kodiak~ Kodiak Island Borough, Kotzebue, Eiatanuska-
Susitna Borough, Nome, Palmer, Sand Point, Skaguray, Unalaska, Valdez
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~ and ~9asilla. 'HAYS - Haines, Haines Borou~h, Homer, Kenai, Kenai
,~ Peninsula ~orough, Ketchikan, Ketchikan Gateway Borou~h, Petersburg,
Saxman, Seldovia, Seward, City and Borou~h of Sitka, ~Yhittier, and
tYrangell. The motion passed 20 to 14.
~ No changes were offered to Part I, D-2 & 3, ho changes were offered to
~ Part I, E- Bonding. No changes were offered to Part I, F- Fundin~
the Newly Organized Aiunicfpalities. No chan~es were offered to Part I,
~ G- Public E~nployee Retirement, 1& 2.
~
Part I, H, Cultural, Civic and Convention Centers and Diuseums # 1.
Sharp said the policy commfttee recorranended the following: In the
third line delete the word "no" and insert the words "only minimal".
Sharp said the legfslative committee agreed with this amendment and so
moved. It was seconded, the question was called and the motion passed
unanimously oa a voice vote.
~ No chan es were offered to Part I, H-2. No changes were offered to
g
~ I(eye) I,ocal Hospital Use # 1.
Part I,
~ ,
- Part I, I(eqe) # 2. 3harp said the legislative committee recocnmended
~ the Sollowing amendment: In line 4, after the word "supports" add the
~ word "inereased". After the word "construction" add the words "and
' operating costs". Sharp moved the two amendments. The motion to amend
was seconded, the question was called and the motion passed on a voice
-
. vote.
~ 3harp said the policy committee recommended the addition of a new
~ para~raph 3: "The League supports the increase of state assistance for
hospitals from $75,000 to $100,000 annually and increase the state
~ assistance for additional health units from $4,000 to $6,000." Sharp
moved the amendment but said the Iegislative committee recommended the
amendraent not be adopted since the amendments to paragraph 2 had
passed, a.nd asked the members to vote no. The question was called and
the wotfaa Pailed on a voice vote.
Part I, J- Aeal Estate Transfer Information. Rocky Gutierrez, Admin-
E; istrator, City and Horough of Sitka, moved to delete the entire section
~ J. It was seconded. Discussion followed, the question was called and
~ the motion passed on a voice vote. (Note: Due to this deletion, the
' followiag sections will be renumbered in the ~olicy statement.) Part
~
~ I, K- Role of the Permanent Fund # 1, no changes were offered. Part
;, a I, K-# 2, DSitch Gravo, Assistant to the mayor, Municipality oY
' G Anchorage, moved to delete the entire section. It was seconded. Dis-
++~ cussion followed, the question was called and the motion 4siled on a
~ ~~~ ~=
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No changes were oifered to Part I, L- Anti-cyclical Policy.
No changes were offered to Part I, M, Tax Credit - 1 through 3.
--..--- Part I, DS-4. 3harp said the policy committee recommended adding new
language as Yollows: "The League supports le~islation that will clarify
the determination of the amount of property which is exempt under the
' senior citizen property tax exemptions." Sharp said the Iegislative
; j committee did not ob~ect to the proposed amendment. Sharp moved the
-- - amendment. Erle Cooper, Council bfember, City of Homer, seconded. The
question was called and the motfon passed on a voice vote.
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The question tcas called on the main motion to adopt Part I, Taxation
and Finance, as amended. The motion passed on a voice vote.
PART II, EDUCATIOti - Gilman moved Part II be adopted as proposed. Ted
Lehne, Council Aiember, City of Fairbanks, seconded.
Larson, reporting for the legislative committee, said the policy
committee recommended the following language for Part II, A- School
Support # 1. "The constitution of Alaska is very specific in its
requirement that education is the responsibility of the state. Therefore,
tbe League urges the Legislature to fund annually 100~ of the cost o4
public education. Appropriation must reflect annual2y the increased
cost incurred by school districts and full funding should not be used
as a catalyst Por the state to infringe upon the rights of local
people to administer local schools." Larson said the legislative
committee recommended it not be adopted. There was no motion to adopt
the langua~e proposed by the policy committee so the language was not
considered.
Larson moved'to amend the proposed language in the draft by adding, in
tbe fourth line after the t9ord "Program" the words "special eduction".
It was seconded, discussion followed, and the motion passed on a voice
vote.
~ i Part II, A-2. Larson said the policy committee recommended the following
amendment to the proposed policy dra4t: In the seventh line, after the
- `~ word "level" add the words "for all future years". Larson said the
I_ legislative committee recommended it not be adopted. There was no
motion to adopt so the language cvas not considered.
Larson moved Part II, A-2 be retained as proposed. There being no
= ob~ection, it was so ordered.
Part II, A-3. Larson said the policy committee recommended new language
~ as follotvs: "The League recommends that the State Legislature fund
fully all special programs as required hy public la~v". Larson said the
legislative committee concurred with the necv language and so moved. It
~as secanfl28. The question was called and the motion passed on a voice
vote.
~ +:
No changes were offered to Part II, A-4. No changes were offered to
Part II, A-5.
' Larson said the policy commfttee recommended adding a new paragraph
`~ ~ (6) to read: "The League urges the Governor and the Legislature to act
,r~ ~~ as soon as possible on establishing the amount of the public school
~ fvundation support (basic educational unit) for the 1980-81 school
year." Larson said the legislative committee concurred with this
,:i amendment and so moved. It ~vas seconded, the question cvas called and
,; there being no objection, the motiou passed.
__~;~ Larson said the policy committee recommended adding a new paragraph
''~ (7) to read: "The League supports the creation of a uniform and equi-
-.--;~ table system of financing, maintaining and operating the cost of
°2 ' ~ public education, regardless of municipal status." Ae said the legis-
;!i lative committee did not have a recommendation in this new language,
_ but moved its adoption. It was seconded. Discussion follo~~ed. Len
~ Laurance, Assembly ~iember, Ketchikan Gateway Borough, moved to table.
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It was second'ed. The question ~vas called and the motion passed by
voice vote.
Don Smith, Assembly biember~ Aiunicipality of Anchora~e, moved a necv
paragraph (?) to read: "The League strongly recommends that the state
Legislature review and reevaluate the rural high school construction
program. The League further urges that any additional funding must
come from a state bond issue, rather than a direct appropriation."
Shaffer seconded. Discussion followed. The question was called and the
following roll call vote was recorded: AYES - Municipality of Anchorage,
Bristol Bay Borough, Cordova, Dillingbam, Fairbanks, Fairbanks North
Star Borough, Haines, Haines Borough, Kenai, Ketchikan, Ketchikan
Gateway Borough, Kotzebue, Matanuska-Susitna Borough, Nome, Palmer,
Petersburg, Saxman, Seward, City and Borough oY Sitka, Skagcvay,
Unalaska, Valdez, ~tasilla, and t9rangell. NAYS - Barrow, Bethel, Homer,
Citq and Borough of Juneau, Kenai Peninsula Borough, King Cove, Kodiak,
Kodiak Island Borough, Sand Point, and Seldovia. The motion passed 24
to 10.
Part II, B- Assemblq/Council-School Board Relationships # 1. Carroll
Fader, biayor, Ketchikan Gateway Borough, said the policq committee and
and legislative committee both approved of the proposed language and
moved its adoption. It was seconded, the question was called and the
motion passed on a voice vote.
No changes were offered to Part II, C- Public Communications # 1&
2.
r
Part II, C-3. Fader said the policy committee recommended new language
as follows: "The League supports legislation which would support
communities served by te2evision cable systems that are applying for
issuance of FCC construction permits for mini TV translators." He
said the legislative committee had no ob~ection to this new language,
and so moved. The question was called and the motion passed on a voice
vote.
The question was called on the main motion to adopt Part II, Education,
as aznended. The motion passed on a voice vote.
PAAT III PIJBLIC SAFETY - Bill Curtis, r:anager, City of Palmer, moved
art YII be adopted as proposed. Roberley Potter, Assembly Diember,
City attd Borough of Sitka seconded.
Part III, # 1. Curtis, reporting for the legislative committee, said
that the policy committee recommended the folloaring amendment: Line 4,
after the word "facilities" and before the word "for" insert the cvords
'•and program resources". He said the legislative committee concurred
in this amendment and so moved. It was seconded, the question ~ras
called and the motion passed on a voice vote.
Part III, # 2. Curtis said the policy committee recommended paragraph
2 be replaced with the following language: "Because the Alaska Po2ice
Standards Council has lost all federal support the League recommends
the establishment oP state assistance proportional to the cost of on-
going assistance to those members of municipal police agencies attending ~-
courses in order to meet the requirements of the Alaska Police Standards
Act." He said the legislative committee concurred in th'is amendment
6
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and so moved.• It was seconded. The question was called and there
^ being no objection it was so ordered.
Part III, # 3. Curtis said the policy committee recommended deleting
all material in paragraph 3 and that the legislative committee concurred.
He then moved to delete. It was seconded. The yuestion was called and
there being no objection, it was so ordered, (Note: ~vith this deletion,
the remaining paragraphs in Part III will be renumbered in the policy
statement.)
Part III, # 4. Curtis said the policy committee recommended paragraph
4 be amended as follows: After the cvord "the" in the first line and
before the word "to" in the second line, delete the words "Department
of Health and Socfal Services, Division of Corrections" and insert the
words '•State of Alaska". He said the legislative committee concurred
in this amendment and so moved. It was seconded. The question was
called and tbere being no objection, it was so ordered.
Garzini moved to amend by restating paragraph 4 to read as follows:
"ftecognizing Correctfons is a state function, the League urges the
State of Alaska to fund the construction and/or operation oi short
term detention facilities within local communities." It was seconded.
Discussion followed. Larson moved to amend by inserting the words
",if necessary," after the word "construction" and striking "/or". It
was seconded. The chair accepted this as a friendly motion and the
question was called on the motion to adopt the new statement as follows:
"Recognizing Corrections is a state function, the League urges the
State of Alaska to fund the construction, if necessary, and the operation
.~~ of sbort term detention facilities within local communities." The
motion carried on a voice vate.
No changes were offered to Part III, # 5& 6.
~ ~ .~
Part III, #?. Curtis said the policy committee recommended nem language
as follows: "The League urges the State of Alaska to establish a com-
prehensive public fire education program~ through the State Fire
Marshall's office, that will utilize professionally trained public
fire educators.'• Ae said the le~islative committee concurred with
this amendment and so moved. It wa.s seconded, the question was called
and the motion passed on a voice vote.
Part III, # 8. Curtis said the policy committee recommended the follocving
amendment: In the third line, after the word "clarified" add the ~vords
"that the state" and in the last line, after the word "arrest" add a
.; period and delete the rest of the line. He said the legislative
j committee concurred in this amendment and so moved. It was seconded,
~ the question cvas called and there being no objection, it cras so ordered.
Part III, # 9. Curtis said the policy committee recommendefl a new
paragraph to read: "The League urges the State of Alaska to .reform the
Alaska Juvenile Justive System so that the people's confidence in the
rule of the law will be restared and our traditional form of government
will continue to provide security for the lacv abiding citizen." He
,'~°~ said the legislative committee concurred with this new material and
~..~ moved its adoption. It was seconded. The question a~as called and
there being no ob~ection, it was so ordered.
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The question cias called on the main motion to adopt Part III, Public
Safety, as amended. The motion passed on a voice vote.
~
PART IV, LAND USE - Jim Nordale, Attorney, Fairbanks North Star Borough,
~aoved Part IV be adopted as proposed. Roberley Potter, Assembly T.tember,
City and Borough of Sitka, seconded.
No changes were offered to Part IV, A- Local Options. No changes
were offered to Part IV, B- Land Selectfon # 1.
Part IV, B-2. Nordale, reporting for the legislative committee, said
the policy committee recommended deleting the cvords "either adminis-
tratively or" in the 6th and 7th lines. He said the legislative
comraittee concurred in the amendment and so moved. It was ~econded,
the question cvas called and the motion passed unanimously on a voice
vote.
~ No changes were offered to Part TV, d(2) Lands in Alaska, # 1.
~ Part IV, C-2. Nordale said the policy committee recommended deleting
the words "and state" fn the second line. He said the legislative
I committee concurred with the amendment and so moved. The question was
called and the motion passed unanimously on a voice vote.
~
President Younker announced a message had been received from Senator
, ~ Gravel's office saying he would not filibuster SB 9, but reserves the
; right to filibuster if a substitute bill is presented.
i Part IV, D- Historic~.l Sites # 1. Nordale said the policy committee ~
1 recommended the following amendment: In the third line, after the ~rord
"a" a.nd before the word "matcbing" add the word "state". He said the
~ legislative committee concurred with this amendment and so moved. It
, aas seconded. The question was called and the motion passed on a
voice vote.
No changes were offered to Part IV, E- Coastal Management # 1.
Part IV, E-2. Nordale said the policy committee recommended the following
~, amendment: In the first line change the word "for" to "by". He said
the legislative committee concurred with this amendment and so moved.
{ It was secanded. Carol Maser, Assembly biember, Aiunicipality of Anchorage,
offered the following amendment: After the word "district'~ delete the
~'~ rest of the line a.nd add the words "plan is adopted". The chair
`~r,; accepted this as a friendly motion. The question was called on the
`!. mption to amend E-2 by changing the word "for" to "by " and substituting
the words "plan is adopted" for the words "is formed in that part of
the unorganized borough". The motion passed unanimously by vofce vote.
~ Part IV, E-3. Nordale said the policy committee recommended the
{ following amendment: Substitute necv language as follows: "The League
urges the state agencies to abide by a municipality's interpretation
`_~= oY coastal management standards fram the time of conceptual approval
k by the municipality until Yinal approval by the Legislature." He said
-- the legislative committee concurred and moved the amendment. It was
seconded, the question was called and there being no objection, it was
` so ordered.
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Part IV, F-~Subdivisions # 1. Nordale said the policy committee
recommeded the follo~ving amendment: In the last sentence, after the
word "land" delete the period and add the words "and prior to any
3udicial partition of real property". He said the legislative committee
concurred and so moved. It was seconded, the question ~vas called and
the motion passed unanimously on a voice vote.
Ben Delahay, Attorney, City of Kenai, moved the following amendment:
In the third line after the word "for" and before the word "subdivision"
insert the words "regulation of". It was seconded. The chair accepted
this as a friendly motion and the question was called on the adoption
of Section F-1 as amended. There being no objection, it was so ordered.
Part IV, F-2. Nordale said the policy committee recommended the
following amendment: In the last sentence, after the word "municipality"
delete the period and add the words "including regular platting board
review and approval". He felt the amendment hac? been placed in the
Nrong sentence and moved the words "including regular platting review
and approval" be inserted after the word "requirements". He said the
legislative committee concurred in the amendment. It was seconded.
The question was called and the motion passed unan3mously by voice vote.
Phil Berrian, Planning Dixector, Fairbanks North Star Borough, moved
the following amendme~~t: In the last line, after the word "disposing"
add the words "and acquiring". It was seconded and discussion followed.
The question was called and the motion failed on a voice vote.
~ Nordale moved the adoption of the legislative committee suhstitute
~ language which is as follows: "The League supports legislation which
would require legal access to all state land disposals; and that~
except for state subdivisions in remote areas or for dispersed entry,
local subdivision improvement requirements be honored by the state by
either installing such improvements or bq acquiescing in the formation
of service areas and local improvement districts containing such state
propertq and honaring the obligation to pay LID assessments on such
property while it is in state ownership." It was seconded. The
question was called and the motion passed unanimously by voice vote.
Nordale said the policy committee recommended the addition of new
material to be paragraph 3 as foll~ws: "The League supports the
concept of an Enterprise Fund as a means for the state to provide
required improvements in state land disposals." He said the legislative
committee concurred and so moved. It was seconded, the question was
called and the motion passed unanimously by voice vote.
Nordale said the policy committee recommended the addition of a new
section as follows: "G - State Land Disposal # 1. The League supports
legislation which mandates land use capaUility and resource inventory
findings for each tract of land included in the disposal bank." He
said the legislative committee concurred with the new material and
moved its adoption. Curtis seconded. There being no discussion, the
question was called and the motion passed with no ob,jection.
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Nordale said the policy committee recommended the addition of a new
section as follotivs: "H - Grazing Distric~ts # 1. The Lea~ue supports
legislation ~hich delegates to local governments the establishment of '`~
controlled grazing districts within organized municipalities." He said
the legislative cammittee concurred with the new material and moved
its adoption. Curtis seconded. There being no discussion, the question
was called and the motion passed with no objection.
rordale safd the policy committee recommended the addition of a new
section as follows: "I (eye) - Forest Land # 1. The League supports
legislation which limits the applicability of the Forest Practfces Act
to commercial forest land, and further limits the applicability of the
Act to municipal and private lands to a voluntary basis only."
"I (eye) - 2. The League supports legislation which creates incentive
programs which encourage placement of private lands under sustained
yield forest management."
He said the legislative committee did not feel they had adequate
information and therefore had no recominendation.
Nordale moved the adoption oY the new material for T(eqe) - Forest
Land ~ 1& 2. It wa.s seconded. The chair asked for a division of the
question, therefore, the motion to adopt I- Forest La.nd, # 2 was
before the body. Discussion followed. Gilman moved to table. It was
seconded. The question was called and the motion passed on a voice
vote.
The motion to adopt I- Forest Land # 2, was now before the bodq. The
question mas called and the motion failed on a voice vote. ~~
Judi 31a~er, biar,ager, Retcbikan Gateway Borough, moved a new section
as follows: "The League supports legislation that the state provide
funds for necessary quantitative definition studies of natural resources."
3he said this language had been proposed by the policy committee for
Part.%, Economic Development, but that thQ legislative committee
recommended that it be put in the section on Land Use. She moved
adoption of the new language. It was seconded.
Jim Ekstedt~ Council Member, Citq
language ta read as folZows: The
state provide funds for necessary
market analysis of minerals other
the new section was seconded. Di;
called and the motion passed on a
r ~
of Palmer, moved to amend the new
League supports legislation that the
quantitative dePinition studies and
than oil and gas." The amendment to
acussion followed. The question was
voice vote.
The question was cailed on the motion to adopt the new section as
amended and it passed on a voice vote.
The question was called on the main motion to adopt Part IV, Land Use,
as amended. Tbe motion passed unanimously on a voice vote.
PART V, TRANSPORTATION, DOCKS AND PORTS - David Jensen, ;~4anager,
cities of Sand Point and King Cove moved the adoption of Part V as
proposed. It was seconded.
No changes were offered to Part V, A-Surface and biarine Highways ~ 1.
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Part V, A-2. 'Jensen said the policy committee recommended deletion of
the old material and adoption of new langua~e as follows: "Since
~ Alaska's economy depends heavily upon ocean and inland water shipping,
fishing, and other marine travel, the League finds the existing port
and harbor grAnt programs to be inadequately funded and urges expansion
of those programs. biajor port and harbor facility plans should be
prepared and developed consonant ~rith the municipality's plans." He
said the legislative committee concurred in the new language and moved
its adoption. It was seconded, the question was called and the motion
passed unanimously by voice vote.
Part V, A-3. Jensen said the policy committee recommended the following
amendment: Delete the word "jurisdictions" and substitute the word
"criteria" or the word "~ustifications". He said the legislative
committee concurred and moved to substitute the word "criteria". It
was seconded. The question was called and the motion passed unanimously
by voice vote.
No changes were offered to Part V, A-4 & 5.
Part V, A-6. Jensen said the policy committee recommended the follocving
acnendment: In the last line delete the period and add the wards •'and
trails systems". He said the legislative committee concurred and
moved the adoption of the amendment. There being no ob~jection, it was
so ordered.
.
No changes were offered to Part V-7 & 8.
~ Part V, A-9. Jensen said the policy committee recommended deleting the
entfre statement and that the legislative committee concurred. He
moved to delete. It was seconded, and there being no ob~ection, it was
so ordered.
(Note: The following material will be renumbered in the policy statement.)
No changes were ofPered to Part V-10, 11, 12 Rc 13.
Part V, A-14. Jensen said neither the policy committee nor the legis-
;;.:i lative committee recommended changing the proposed wording. Jim Dunn,
. Department of Transportation, bSunicipality of Anchorage, offered the
~~ following amendment: In the last line, delete the perfod and add the
~,;' -; words "and provide state Pinancial support on the basfs of actual
maintenance costs as appropriated". It ~vas seconded. Discussion
1~ ~
;~ ~ fol~owed. The question was called and the following roll call vote
;j',~ was recorded: AYES - Bristol Bay Borough, Cordova, Dillingham, King
_.'` ~~ Cove, Nome~ Sand Point, Unalaska, ~Yasilla, ~1Thittier, Anchorage, and
Katzebue. NAYS - Bethel, Fairbanks, Fairbanks North Star Borough,
!,; Haines, Haines Borough, Homer, City and Borough of Juneau, Kenai,
'i ;' Kenai Peninsula Borough, Ketchikan, Ketchikan Gateway Borough, Kodiak,
~ Kodiak Island Borough, hiatanuska-Susitna Borough, Palmer, Petersburg,
; ~ Saxman, Seldovia, Seward, City and Borough of Sitka, Skagway, Soldotna,
-: -=~ ~~ ~Yrangell, and Barrow. The motion failed 11 to 24.
°~~ Betty SVallin~ biayor, Kodiak Island Borough, moved to add ne~v material
`% to read as follows: "The League requests that the state join in
asking the President of the United States to intervene in the inter-
pretation of the Jones Act by allowing foreign-bottom and subsidized-
bottom sbips to carry domestic freight between Alaska and the continental
11
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~. ~ United States:" It cvas seconded. Discussion followed. ~
Delahay moved the adoption of the new material be tabled. It was `-" ~
seconded. The question was called and the motion to table passed on a
voice vote.
~
~ No changes were offered to Part V-15. ~
, '
~ Jensen said the policy committee recommended adding new material {part
~ V-16) as folloNS: "The League requests the ~tate consider a transportation ~
system compromised of marine and land highway components. This system ~
cvould embody shorter ferry runs betaeen ad3acent communities with
extensions to the land highway system and by the utilization of high
~ speed ferries and end-loading vessels with more frequent ferry service ~
, with minimal on-board facilities for passengers." He said the legislative
~ coauaittee concurred with the new language and moved its adoption. It
~ was seconded. There being no discussion, the question was called and .
~. the motion passed unanimouslq by voice vote.
~
F ~
' Jensen said the policy committee recommended adding new material (17) ~
as follows: "The League supports ma~or and minor in-state ferry -- -
~ maintenance". He said the legislative committee concurred with the
" new language and moved its adoption. It was seconded. There being no ' i
discussion, the question was called and the motion passed unanimously ; '
~ by voice vote. ~ ~
i
~ ~ I Jensea said the policy committee recommended adding new material (18) ~ i
~ as Yollonrs: "Tbe League requests the Division of biarine Highways ,
? improve the ferry reservation system and initiate a personnel public
F ~ relations program." He said the legislative committee did not recommend .. i
F the adoption of the new material. Jo Ann Elson, Assembly Member, ~
~ Kenai Peninsula Borough, moved adoption of the new materi;~I. It ~vas
~ seconded. Darlene Crawford, b~ayor, City of Seldovia, moved to amend
~ by placing a period after the word "system" and deleting the words ~
~,,., "and initiate a personne2 public relations program". It was seconded. ~
Discussion Yollowed. The question was called on the motion to amend
"- the new material and the motion passed on a voice vote. The question '
, i
was then called on the motion to adopt the new material as amended and ~
~~ the motion passed on a voice vote.
i
' Jensen said the policy committee recommended adding new material (19) I
as follows: '•The League urges the state to make an increased level of ~
;~ road construction funding available to all municipalities sub~ect to
,j state land disposals within their ~urisdictions." He said the legislative ~
committee concurred in this new language and moved its adoption. It
~,.-! was seconded, the question was called and the motion gassed by voice vote.
j ';,, :I
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Section B, Motor Vessel Taxation, was previously moved to Part I,
Taxation and Finance.
Jensen said the policy committee recommended adding new material (B.)
to read as follows: "B. Air Transportation. # 1. The League supports
the concept of continued expansion and upgrading of airports and air
navagational aids in Alaska." He said the legislative committee
concurred with the new material and moved its adoption. It ~~as __
seconded. The question was called and the motion passed on a voice
vote.
12
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Jensen said ttie polzcy committee recommended ne« material to reaii as
follows: "B. Air Transportation. ~ 2. The League supports the free
enterprise system and further supports competative air service in
Alaska." He said the legislative committee did not recommend adoption
of the neiv language. Jensen moved its adoption. It was seconded and
discussion followed. The question ~vas called and the motion failed on
voice vote.
Jensen said the policy committee recommended adding new material to
read as follows "B-3. The League supports municipal acquisition af
Yederal and state lands to provide for needed expansion of port and
airport facilities and operations." He said the legislative cumm~ttee
concurred with the new lan~uage and move@ its adoption. It ~vas seconded,
the question was called and the motion passed unanimously by voice
vote.
Len Laurance, Assembly biember, Ketchikan Gateway Borough, moved the
adoption of nea language to be added to Section A as follows: "The
League supports early construction of the Sitka-Rodman Bay Road which
cvould make available daily ferry service to aIl major communities in
Southeast Ala.ska." It was seconded. Discussion followed. The
question was called and the motion passed on a voice vote.
Larson moved an amendment to Part V, A-5, as follows: In the last line
delete the period and add the words "in~the Point bicKenzie development
area.". It was seconded. The Chair, upon advice of the parliamen-
tarian, ruled that the proper motion would be to reconsider Part V, A-
~ 5. It was so moved and seconded. It was moved to amend the motion to
reconsider paragraph 5 to also include paragraph 7. It was seconded.
J Larson accepted this as part of his main motion. Discussion followed
on the motion to reconsidex paragraphs 5 and 7.
The chair said that the motion to reconsider required a two-thirds
ma~ority vote. The question ~nas called and the motion failed by voice
vote.
Leo Aasmussen, ?~ayor, City of Nome, moved the adoption of new language
under section B as follows: "The League supports de-regulation of
' airlines and air service in Alaska." The motion failed for lack of a
second.
The question was called on the motion to adopt Part V as amended. The
motion passed unanimously by voice vote.
President Younker turned the gavel over to Second Vice Presid~nt
Potter. blayor Crawford moved to rescind the action taken on Part I,
D-1. The Chair ruled this out of order since the motion to accept the
wbole policy statement had not been adopted.
biayor Crawford asked for a privileged motion. The chair ruled this in
order and said that, although a motion to rescind took a two-thirds
ma3ority vote, that only a majority vote was needed since Cra~vford had
given notice to the Chair. Crawford moved that the adoption of the
°~.~ new language for Part I, D-1, be rescinded and that the original
J proposed language be adopted. An ob3ection ~vas raised on the inter-
pretation of "notice to the chair".
13
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Gilman requested a roll call vote on whether or not Crawford's motion
was properly before the body. The following roll call vote was recorded:
AYES - Homer, Kenai, Kenai Peninsula Borough, Ketchikan, Ketchikan ~"
Gate~vay Borough, Kodiak, Kodiak Island Borough, biatanuska-Susitna
Borough, Nome, Palmer, Seldovia, Seward, Cit3• and Borough of Sitka,
Soldotna, a.nd Nrangell. NAYS - biunicipality of Anchorage, Barrow,
Bethel, Bristol Bay Borough, Cordova, Dillingham, Fairbanks, Fairbanks
North Star Borough, Haines, City and Borough of Juneau, King Cove,
Kotzebue, Petersburg, Sand Point, Saxman, Unalaska, and Nasilla. The
motion failed 15 to 17.
PART VI, SIUNICTPAL UTILITIES - Larson moved Part VI be adopted as
proposed. John Spencer, Director, Enterprise Activities, biunicipality
of Anchorage, seconded. Larson moved the adoption of the policy
committee's recommendation for Part VI, A-1, 2, 3, 4, 5; Part C-1 & 2
as follows:
A. State Regulation # 1, no change to proposed language.
A-2. "Despite the demonstrated ability of municfpal aud cooperatives'
utilities to operate their respective utilities in the best interest -•
of consumer public, efforts are constantly being made to sub~ect these
utilities to regulation by the Alaska Public Utility Commission.
Regulation bq the Alaska Public Utility Commission is an unnecessarq
infringement on local government authority as well as that of federally
regulated cooperatives. The League opposes any legislation which
would continually inflict this undue regulation by the state." ~
A-3. In the second line, delete the words "REA financed" and insert ~~ '
the word "cooperative". „ -
A-4. In the first line, delete "subsidization" and insert the ~vords
"gra.nts and low interest loans".
A-5. No change in the proposed language. '
B. Acquisition. No change to proposed language.
C. Sewage Disposal. # 1. "Amendments were passed by the U.S. Congress
to allow exemptions to the Clean SYater Act with respect to sewerage
disposal in tide water with sufficient fluctuation. The League opposes
attq regulations which would unduly burden the Alaska communities in
receiving these exemptions. The cost of preparing and presenting the
applications should be an eligible expense and be reimbursed by the
State of Alaska."
C-2. No change to the proposed language.
Larson's motion to adopt the above was seconded. There being no
discussion the question was called and the motion passed unanimously
by voice vote.
C-3. Larson said the policy committee recommended the following
amendment: At the end of the sentence, delete the period and add the
words "in the form of state revenue sharing.". He said the legislative _
committee did not concur ~vith the new language. Larson moved the
adoption of the language originally proposed in the draft. It was
14
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i
seconded. Spencer moved to amend by adopting the lan~uaqe recommended
by the policy committee. It was seconded. The question ~vas called
-- and the motion failed by voice vote.
The Chair ruZed Larson's mation to adopt the Ian~uage ori~inally
proposed in the draft was before the body. Spencer challen~ed the
ruling of the Chair on the inadequacy of the information before the
vote. The Chair called for a vote on the motion to override the
Chair's ruling. The motion failed on a voice vote.
The motion was made to sustain the chair, It was seconded and the
following roll call vote was recorded: AYES - Barrow, Bethel, Dillingham,
Fairbanks, Fairbanks North Star Borough, Haines, Homer, City and
Borough of Juneau, Kenai, Kenai Peninsula Borough, Ring Cove, Kodiak
Island Borough, Kotzebue, biataniska-Susitna Borough, Nome, Palmer,
Petersburg, Sand Point, Saxman, Seldovia, Seward, Soldotna, Unalaska,
tYasilla and ~4rangell. NAYS - 3Sunicipality of Anchorage, Bristol Bay
Borough, Cordova, Ketchikan, Ketchi.kan Gateway Borough, Kodiak, City
and Borough of Sitka. The motion to sustain the chair passed 25 to 7.
Larson's motion to adopt the language originally proposed in the draft
was again before the body. The question was called and the motion
passed on a vofce vote.
D. Solid ~9aste. Larson said the policy committee recommended the
follo~ving: In the first sentence delete "75°b" and insert "50%". He
said tbe legislative committee concurred in the amendment and moved
its adoption. It was seconded, the question was called and the motion
,~ passed by voice vote.
Larson said the policy committee also recommended the same paragraph
be arnended by adding, at the end of the paragraph, new language as
follows: "The League also supports legislation which would allow the
operational cost of solid araste disposal systems to recieve general
support in the form of state revenue sharing from the State of Alaska."
He said the legislative committee did not concur in the new language
and moved to adopt the language in the proposed draft as it reads with
the f irst amendment. It was seconded.
Spencer moved to amend the motion by adopting the language as recom-
mended by the policy committee. It was seconded. Discussion follocved.
The question was called on the motion to amend and the follo~ving roll
call vote was recorded: AYES - biunicipality oY Anchorage, Barrow,
Bethel, Bristol Bay F3orough, Cordova, Kenai Peninsula Borough, Ketchikan,
Ketchikan Gateway Borough, King Cove, Kodiak Tsland Borough, Sand
Point, Saxman~ Seldovia, Seward, City and Borough oP Sitka, Soldotna,
Unalaska, and ~Yasilla. NAYS - Fairbanks, Fairbanks North Star Borough,
Haines, Homer, City and Borough of Juneau, Kenai, Kodiak, I~tatanuska-
Susitna Borough, Nome, Palmer, Petersburg, and ~4rangell. The motion
passed, 18 to 12.
E. Fresh ~7ater. Larson said the policy committee recommended deletin~
the entire seetion but that the legislative committee did not concur.
_ Larson moved to adopt the proposed langua~e in the draft. It ~vas
seconded. Spencer moved a substitute motion ~vhich would add the ~vords
1 "as long as public health is protected." at the end of the sentence.
It was seconded, the question vras called and the motion passed on a
voice vote.
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15
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i Larson said the policy committee recommended addi.n, two new sections
~ to read as folloKS: E-2. "The Lea~ue endorses a comprehensive effort
by the state and federal ofiicials to develop alternative encrqy ~
sources in Alaska, as ~vell as innovative and appr~priate technalo~ies,
inc2uding cogeneration. Specific emphasis should be p2aced on the
~, uses of these in the provision of sewage treatment and water supplies
and solid waste facilities in the state."
~ E-3. "The League supports legislation which would make available funds
to municipal energy conservation programs as well a low cost home
improvement loans which demonstrate energy conservation approaches."
Larson said the legfslative committee concurred in this new language •
and moved the adoption of the two new sections. It was seconded. The
questfon ~vas called and the motion passed by voice vote.
~
The question was called on the main motion to adopt Part VI, a.s amended
and the motion passed by voice vote. ~
~
_
y PART VII, MUIVICIPAL ELECTION3 - Larsan moved to adopt Part VII a.s
proposed. It was seconded. . .
~ No changes were offered to Part VII, A- Ma3ority Elections; Part VII,
B- Poll Hours; Part VII, C- Registration # 1& 2; Part VII, D- ~
Administratioa.
' E. Disclosure Restrictions. The Chair said the policq committee ~
recommended changing the last sentence to read as follows: "The
~
League specifically supports legislation which would exempt from
campaign disclosure and/or financial dfsclosure elected or appointed o
-
- advisory boards as defined in 29.63.080." The legislative committee
did not concur. It was moved and seconded to adopt the new language
for the last sentence. Discussion followed. The question was called
and the motion passed on a voice vote.
~
~ ~~ No changes were oYfered to Part VII, F- Voter Qualifications.
i,
' ~ G- Qualifications for Elective OfYice, ~ 1. Dan Keck, Assembly
~; Member, City and Borough of 3ftka, said the policy committee recom-
'~ mended the Yollowing amendment: In the third line, after the word
,l "to" and before the word "school" insert the word "municipal". He
;~ said the legislative committee concurred. Keck moved and it was
-~} seconded the adoption of the amendment. The question was called and
i. i the motion passed on a voice vote.
i;
No changes were ofYered to Part VII, G-2.
,' ,
? ~~ H- Title 29 Revisions, # 1. Keck said the policy committee recom-
,~~ mended the following amendment: In the third line after the word
.~~~~ "last" and hetore the word "election" insert the word "regular". He
;~~I~ said the legislatfve committee concurred. Keck moved the adoption and
----- i, it was seconded. The questio:; was called and the motion passed by
rl voice vote.
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H-2. The Chaf r r~af cl thc• pn] f cy c~,mmf tt~~~; r~;~;~,tnm~rn~fr:d tb~r Y~~~ la~iinf~
amenciment ; 1 n tba S~urth 1 i nc~ , c1d ]~~t~s thr~ w~~rdst "~,<;na;ral `ir ssp~s~;f al"
ancl in~ert thc~ wnrc! "r~ruJsir••,. JI~~ ~salQ f,h~s ]tr~!fssJ~tiv~s carrJmitt~r~~
concurrcc] witb the amenc~mE~nt, :3;,~nc;y Krsinfn~, Assssfrst:~nt bt;inav~>r, (;ity
oi I3~th~2, m~ved the adcj~tfan ~,f th~; s~rnE;ncSm~;nt, IL viasa ~s~;~;c~n~l~sd, tb~
que~tion v~aH cullc,•cl ~nd thc: tnr~tyon pu~sss~.~~! hy vc~J~c vrjt~s,
H-3. Keck Kaid thQ pol~.cy cc~mtnftt~~« rvc~ytnm~snclE~d th~~ Y~,ll~viin~! xmr;nclm~nt;
in the rsecdnQ 19.ne, uft~r the whrd "~;l.ar9.f~.c;uti~~n" ~,nQ b~sfr~ra thcs ward
"Ylexibility" inf3~rt thv w~r~i "rsfmnlifi~~.tf.~in", f~c r•s~f~ th~s ldqis].atfvc3
comitttee cnncurrc~d in th~3 ~.mvnam~nt. K~6k mdvcsd itu a~1~jDtf~», It
was seconded. T'he yuc~~ti~n ws~r~ ~;a]l~sc! anQ th~s mnt~en ~a,rirse~l Y~y v~fe~s
vote.
, ~;
The quc~r~tiorf w~ss e~lle~I c~n the main mc~tl~n tu sscl~pt ~art VII, a~s
amended. Tho mvtian qtt~ge~ on ~ vaice vc~te.
Bryan MacLean, 1fan~gFSr, ~ity oY t3arr~w, mdved thr~t the Y'til~f4 be ~u€~~~ncl~d
an8 that a rer~olution on co~.~stal mttna~.Sem~nt ba takan up ~.t thirs timQ.
Loa Iiar~mu~sen, ?~ayor, ~ity of tdcm-~, tsecan~led, `I'be quQativn v~aa called
and thore bein$ no db3~ction, it wars r~o orQorc~d,
HacLean moved, and it war~ s~econdeQ, tbQ acio~tiion af thc~ follAViinq
re,~olution :
"A RE~OLiJTION OF TIiL~ ALASKA I~iUNICI~AL LLA~Un LAI4~ IJSr ~'AMMITTf~F Pft0-
PO$ING A POSITI~N pOLICY POf~ 'PI~~ ALAf~KA MUNT~IPAL L~;A~UI; IT~I~ SNCI,USION
IN THE 1980 POLICY 8'fA7'L~SENT ~U~MI7'1'~D I~X T~l~ CI'PY ~I~ SARI~6W
r
~ "WNERLAg thc~ r~~ate of Ala~ka r~r~cificully nraviBQ~ statutory
authority for municipulitiers tio dcsvQlo~ local cv~stal manaKement
programs, throuahouti thc~ cos~r~tal urQa~s oY the atat@; assd
"{YHERLAS tbe A].a~ka Coa~tal Mana~ement A~ti Rp~cifically outlinert
the procoQures for utilizing 1aca1 ~xirsting cc~a~tal iene managcsm~nt
re~ulartory authoritie~; and
"j9}3EREA~ the Coar~tal ~one bissna~~smont Policy apvcificully mandatog
that all coastul activitf.er~, inciuciin~ the€so c~f thQ ~tatio ~nQ YQd~ral
gover»mot~~e, mu,~t conform to the prnvi~lien€~ ~f lacul coar-stal mana~em~nt
Drograms; anfl
"t7H~ItEAS r~ovorttl municf.palitic+~ huvc~ bc~en diliqontly wnrkin~ tn
exerci~e thair statuti~ry uutharity t~y imn]Umc~nting wQll d~vc~lvpQ~i
responsible and meaningful c~ar~tul ~on~ mnna~Qment prv~ramr~, v~itihin
their respeetivo ~uri~dictiic~n~; u~a
"~71IEI{EA$ cvrt~.in percipl.tiour~ rsta~v acti~na xrc~ bc~ing mucl~ or bava
been pronosod in guch u mannor tbati !a incen~iatQat wiL•h the dQV~lopmont,
im~lementation, and enforcc~mvnt df lc~cul eeuutal iono munu~cmQnt
pro~rwr~~s ~rid such etute u~tlc~n~s und un~3uly frur~trsitinu und hind~rinq
these pro~rs~ms prier to their complutiic~n, ciovvlupm~nt ancl implementation;
and
"tYH~R~A3 tho lc~eul Communitiar~, within tiho ,~urit~cli~ti~n of st
coastal zono muntt~c~ment district, havo pr~vic~oci input at ull ]c~vc:lr~ o~
tbe developm~nt of tHoir rv~~~~ctiva c~ustul. z~no muna~omont proRrams
~nd depQnd upoa guch prd~ramr~ to in~suro thuti th~ ~e~nc~mir, ciev~l~pmant
of thair naturul rQHnurc~r~ wi]1 tuka j~luce in a munr~c~r that inr~urc~fs
•~ vrdc~rly anci safe Krdwth/clevdlvpmQnt; ttncf
"~yfl~R~A:3 thv d~v~lopmc~nt ~Y ~shmc~ cc~KUtal ic,n~ msinuqcrmont pr~~ram~
uro bning unduly throatrnocl nnd p~tontial]y i'rufstiratocl hy tho re.~cantly
announced ciecir~i~a~s on tihQ prophs~~d f3c~~.ufc~rt ficau c~~ l nr~c! ~;a~r l~u€~~
sale; und
17
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"SYNEHEAl3 there ha~ heen announced a propo~ed 5 y~ar OCS ]HaRe
+~chedule that will enc;ompass other arear~ of Ala~ka'r~ coaHtal regionK;
and ~
"~YHEREAS eoaHLal zonc~ manaRement pro~rams fnr the area.s~ af fectpd
by the qropo~ed leasfn~ schedule are currently being developed or yet
to be developed;
"NOt7 THEREPORE I3E IT it~SOLVED hy the Alaska ~tunicipal League Land
Use Committee, tbat
"1. The 3tate of AlaKka'~ OC3 Leasing and related activftier~ affectinq
Alaska's coastal area.s•should be delayed until completion of l~cal
coa.stal mana~err~ent district or proDosed disstrict s~ecifica].ly reyuests
delayfng of such action prior to the completion of their coastal zone
mana~ement programs,
"2. The recently announced federal and state decision re~ardin~ the
Beauiort Sea oiI and gas lease sala is not consistent with the state
coastal zone management policy mandate anB should be delayed until
such time as tho coastal zone management program submitted for that
region is fuily a~proved. ~
I~ "3. The recently announced proposed 5 year lease schedule should be
i daferred until such time as the coastal zone r~ana~ement Drograms, for
I areas having 3urisdiction in the pro8o~ed lease areas, have been Yully
~ a~proved, if so requested by the local muaicipality exercising statutory
, ~ authority withia the proposed areas.
; "4. The above 8rovisions be Dresented to the Board of Directors of the
Alaska Municipal League at their annual meeting to be held on November ~
i 2nd with the request that the above provision be considered Yor inclu~ion •
+ in the 1980 ~eaeral Dolicy statement for the Alaska Hunici~al Lea~ue."
Discussioa followed, Ekstedt moved the motion be tabled. It was
seconded. The question was called and the motion passed on a voice
vote.
PART VIII LOCAL GOVERIQMENT POS7ERS - Carol Ma~ser, Assembly biember, i
un c pa ty oY nc orage, move to adopt Part Viii as pro~osefl, it '
, was seconded.
G No changes were oYfered to Part VIII, A- Local Autanomy # 2.
;; Part VIII, A-2, b4aser said the ~olicy committee recommended deleting
~~`; ! paragrapb 2 since it said essentially the same as ~aragrapb 1. She
; said the legislative eommittee concurred. Maser moved to delete A-2,
~' it was seconBed. The question was calied and the motion passed by
voice vote.
,; (Notie: with the deletion, the foilowinq paragraphs will be renumbered
, in the nolicy statemont.)
__,_ IQo changas ware offered to Part VIII. A-3, 4, & 5.
'-~~ P~.rt VIII, A-6. D~4aser said the policy committoe recommended the follow-
~- ing amendment: In the first line, after ths word "ssupports" and
'i before the word "legislation" add the words "thQ community council
' i concept ancl also supp~rts". $he said thv le~ielativ~ committee con-
, curred with this amendment and moved itr~ adoption. It was seconded,
18
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the question v~as ealleci and the mution pas~ed on a voice vote.
No chan{;eR were of ferec! to Part VI I I, 8- I~ubl ic Emp] oyee Labor
Relations # 1,
Part VIII, B-2, btaser s~id the policy committee recommendecl tbe follow-
in~ amendment: In the third line, dNlet~ the word "therefore"; in the
fourth line after the word "from" and before the word "cletermining"
insert the wordR "having complete cor_trol of". 3he said the le~islative
committee concurred in the amendment ancl moved its adoption. It was
seconded. The question was called and the motion pas~ed by voice
vote.
Part VIII, C- Title 29 Revi~ion. Liaser said the policy committee
recommended that the le~islative committee revise or delete the entire
paragraph, She said tbe legislatfve committee recommended deletion
and so moved. It was seconded, The questfon was called on the motion
to de2ete section C, and it passed on a voice vote.
(Note; With this deletion, the following r~ections will be renumbered
in the qolicy statement.)
Part VIII, D- Third Class Borou~h. Maser said the policy committee
recommended adoytion of new language as follows: "The League believes
that a third class borough, as currently defined in statute, does not
meet standards for a general purpose local government. The Lea~ue
supports elimination af third class boroughs," She said the legislative
committee did not concur with the new language. Discussion followed.
~ No motion to adopt the aew language was offered, therefore ths proposed
laugua.~e in tbe policy draft will remain,
Part VII1, E- Local Government Study, btaser said tbe policy committee
recommended a.dopting the YAllowing new lan~uage: "The League strongly
endorses and supports legislative action that would create and adequately
Yund a committee which would be char~ed with investi~ating current and
future state/local ~overnment relations and finance in Alaska and the
current and future status of local government structures, s~eciPically
including the unor~anized borough. The committee shall be comprised
of state admiaistrative officfals dealing with local ~overnments,
local government oYYicials, and residents Yrom lar~e and small cities
and borou~hs, s~ecifically includin~ the unor~anized borough, and
legislators. The committee shall prepare a report on its findings,
inlcuding proposed le~islation and constitutional chan~es, and shall
submit the report to the state legislature and all local governments."
biaser said the le~islative committee concurred with the new lan~uage
and moved its ado~tion. It was seconded, the question was called and
the motion passed on a voice vote.
No chaa~es were offered to Part VIII, F- Public Officials, # 1& 2.
The question was called on the main motion to adopt Part VIII, as
amended and the motion passed on a voice vote.
FART IX. RESOURCES - Ted Lehne, Council biember, City of Fuirbanks,
J moved to adopt Part IX as propo~ed. It wa~ seconded.
No changes were offered to Part IX, A- Non-Renewable ~ 1.
19
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Part IX, A-2. Lehne said the policy committee recorrtmended the following
amendment: In the first line, strike the word "also" and after the
word "encourages" and before the word "state" add the ~vord "a". He %'°
said the legislative committee conct~rred with this amendment and moved
its adoption. It was seconded. The question was called and the
motion passed on a voice vote.
No changes were offered to Part IX, A-3 & 4.
Lehne said the policy committee recommended the follo~ning new section
(5). "Tbe League supports legislation which establishes a clear mineral
policy to encourage resource development; in-state ore concentration '
and/or reduction; and protects mineral land from imposed incompatible
land uses." Lehne said the legislative committee concurred in this
new language and moved its adoption. It was seconded. The question
was called and the motion passed on a voice vote.
~ Part IX, B- Renewable, # 1. Lehne said the policy commfttee recom-
; mended the proposed language in the draft be replaced with the follow-
ing: •'The League re9uests that the executive and legislative branches
of state government establish a policy requiring the development and
; processing of renewable resources in Alaska and through appropriate
inventorq and management practices make all renewable resources available
for development and processing on a sustained qield basis.'~ He said
the legislative committee concurred with the new language and moved
its adoption. It was seconded. The question was called and the
' motion passed on a voice vote.
Part IX, B-2. Lehne said the policy committee recommended the following:^
"The League supports legislation which would establish and continue '
existing long~range research and development in high value finfish and
shellfish aquaculture and enhancement and for the development of an
aggressive bottom-fish program." He said the legislative committee
reco~nended the following: "The League supports legislation which
would establish and continue long range research and development in
fishery aquaculture and enhancement Yor the development of an aggressive
bottomfish program." Lehne moved the adoption of the policq committee
language. It was seconded. Perry Lovett, Dianager, Cftq of Cordova,
moved to amend by substituting the following: "The League supports
legislation which would establish and continue existing long range
research aad development fn hfgh value finfish and shellfish aquaculture
and enhancement." It wa.s seconded. Discussion followed. The question
was called and tbe raotion to amend failed on a voice vote.
The question was called on Lehne's motion to adopt the language
recorocnettded bq the policy committee. The motion passed on a voice
vote.
No changes were offered to Part IX, B-3.
, Lehne said the policy committee recommended the adoption of a new
_._ garagraph (4) to be written by the legislative committee which cvould
be composite of the bottomfish portion of paragraph two and a marketin~
statement directed to the bottomfish similar to paragraph three.
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The legislative committee recommendation is as follows: "The League
supports legislation for the development of an ag~ressive bottomfish
-~ program including substantially accelerated marketing studies and
market development for Alaskan bottomfish products."
Lehne moved the adoption of the legislative committee langua~e. It was
seconded. Discussion folloived. The question ~vas called and the
motion passed on a voice vote.
Lehne said the policy committee proposed two new policy statements on
hpdroelectric power. He said they had adopted the Southeast Conference
resolution for the purpose of supplying intent for the Iegislative
committee language. The two policy statements would address (1)
policy on hqdroelectric development (~Resources) and (2) policy on
funding (Taxation and Finance). A resolution similar to the Southeast
Conference resolution was also recomraended for adoption.
Lehne moved the adoption of a new paragraph (5) to read as follows:
"The League requests the legislature and administration to adopt by
statute and for regulation the policy that hqdroelectric energy is one
of the most advantageous and acceptable methods of generating renewable
energy Yor use by the many citizens of Alaska." It was seconded, the
question was called and the motion passed on a voice vote.
! Lehne moved the adoption of a new paragraph to be included in Part I,
,~ Taxation and Finance, as follows: "The League supports uninterrupted
~ continuance of loan funds from the state for feasable hydroelectric
;~ pro~ects within the state and further supports that long term, low
interest loans for these pro3ects be funded~from non-renewable resource
; revenues sucb as those presently being generated by oil and gas receipts."
I Lehne moved adoption. It was seconded, the question was called and
! the motion passed on a voice vote.
Lehne said the policy committee recommended a new paragraph (6) to
~ read as follows: "The League recommends legislation estab2ishing a
' state energy policy cvhich addresses both rural and urban situations
and provides incentives to development af energy sources specific to
I community needs giving preference to renewable energy sources and/or
~~ new technologies." He moved to adopt. It was seconded, the question
~;~ was called and the motion passed on a voice vote.
Lehne said the policy committee recommended a ne~v paragraph (?) to
~~ ; read as follows: "The League recognizes sport fishing as an important
+;~;; renewable resource which has economic as cvell as recreational value.
~;,: and should be protected and developed." He moved its adoption and it
'' was seconded. The question was called and the motion passed on a
voice vote.
i
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~ No changes were offered to Part IX, C- Human Resources, # 1.
, Lehae said the policy committee recommended a new paragraph (2) to
_, read as follocvs: "The League encourages the State Legislature and
Administration to use both the human resources and technical resources
--- - ~-.~~ of institutions of higher learning ~vithin the state whenever possible."
` ~'~ He moved the adoption of the policy committee language. It ~vas seconded.
, The question was called and the motion passed on a voice vote.
21
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The question ~ras called on the main motion to adopt Part IX as amended.
the motion passed on a voice vote.
PART X, ECON05SIC DEVELOPLSENT - Judi Slajer, Diana~er, Ketchikan Gateway
Borough, moved to adopt Part X as proposed. It was seconded.
Part X-1. Sla~er safd the policy committee recommended the following
amendment. In the next to the last line, aft~r the word "assistance"
add the words "through grants, low cost loans, and direct services".
It was seconded. Sla~er said the legislative committee did not concur
with the amendment. The question was called and the following roll
call vote cvas recorded. AYES - Bethel, Cordova, Ketchikan, Ketchikan
Gateway Borough, King Cove, Kotzebue, Sand Point, and Unalaska. NAYS -
biunicipality of Anchorage, Faixbanks, Fairbanks North Star Borough,
Haines Borough, City and Borough of Juneau, Kenai, Kenaf Peninsula
Borough, Kodiak, Kodiak Island Borough, biatanuska-Susitna Borough,
Nome, Palmer, Petersburg, Saxman, Seldovia, City and Borough of Sitka,
Soldotna, and SVrangell. The motion failed 8 to 18.
Part X-2. Slajer said the policy committee recommended amending the
proposed paragraph so it would read as follocvs: "The League supports
and urges the legislature to establish and provide immediate funding
of programs that will create, assist and develop ~ob related industries,
businesses and facilities (roads, ports, harhors, power, etc.)." She
said the legislative committee recommended the following: In the last
line, after the word "facilities" delete the material and add "that
are compatable with the desire of local government". Sla~er moved the
adoption oY the policy committee amendment. It was seconded. Sla3er
moved to amend bq adopting the legislative committee amendment. It was
seconded. The question was called and the motion to amend passed on a
voice vote. The Chair ruled that the vote on the amendment carried
the main motion.
Part X-3. Sla3er said the policy committee recommended adding the
words "that is compatable with th~ desires of Iocal government." at
the end of the sentence. She said the legislative committee recommended
deletion of the entire paragraph. Sla3er moved the additional wording
bq the policy committee. It was seconded. Sla~er moved to amend the
motion by adopting the legislative committee recommendation to delete
the eatire paragraph. It was seconded. The question was called and
the motioa passed by voice vote. The Chair ruled that the vote on the
amendment carried the main motion.
(Note: ~1ith this deletion, the following sections ~nill be renumbered
in the policq statement.)
~
Part X-4. Sla~er said the policy committee recommended new wording as
follows: "The League supports Iegislation that will aid in the exploration,
development and in-state processin~ of Alaska's raw materials and vast
mineral wealth and urges the state to provide state tax incentives to
those industries engaging in in-state primary and secondary processing
oP Alaska's resources." She said the legislative committee concurred.
Sla~er moved the adoption of the policy committee recommendation. It
was seconded, the question was called and the motion passed tivith no
objection. ~,
22
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Part X-5. S1Ajer said the policy committee recommended the folloa~in~
language: "The League supports immediate establishment of, and fundin~
^ of, grants for local economic development programs." She said the
legislative committee recommended the follocving: "The Lea~ue supports
legislatfon to establish state programs to financially assist commun-
ities with local economic development pro~rams." Slajer moved the
adoption of the wording of the policy committee. It was seconded.
Sla~er moved to amend by adoptin~ the le~islative committee cvording.
It was seconded. The question was called and the motion passed on a
voice vote. The Chair ruled the vote on the amendment carried the
main motion.
Part X••6. Sla~er said the policy committee recommended adoption of
the following: "Tbe League supports a reduction of state regulation
and requirement of redundant information reports (establishment of one
information report from all agencies) for small businesses and local
governments." She safd the legfslatfve committee recommended the
follocving: Delete the words "(establishment of one information report
from all a.gencies)". Sla~er moved the adoption o4 the policy committee
recommendation. It was seconded. Sla~er moved to amend bq adopting
the legislative committee amendment. It was seconded. The question
was called and the motion passed on a voice vote. The Chair ruled the
vote on the ameadment carried the main motion.
~ ,
~ Part R-?. Sla~er reminded the body that the new language proposed by
i the policy committee had been previously adopted under Part IV, Land
~ ' Use.
~ i __
' Sla~er said the policq committee recommended adding another paragraph
as follows: "The League supports the appropriation of leveraging
~;., funds (reserve funds and long term subordinate loans) to support the
construction of ports, hydroelectric and other capital~pro~ects." She
said the legislative committee dfd not concur as they felt this was
~ included in paragraph 2. Sla~er moved the adoption of the policy
committee recommendation. It was seconded, the question was called
and the motion failed on a voice vote.
Sla~er said the policy committee had requested that the legislative
;;~ committee draft a statement on the gas resolution. She said the
~~: legislative committee felt this was already covered in paragraph t~vo.
The question was called on the main motion to adopt Part X as amended.
~~i~ 1 The motion passed on a voice vote.
, ;
~ Larsoa moved the Lea ue endorse the o
;< i g pposition of the elimination of
-,;' state income tax and encourage the Governor and the Legislature to
adopt a system of tax credits and rebates that recognizes Alaskan
` residents, and asked that this be included in the policy statement. It
' was seconded. Discussion followed. Gilman pointed out that many of
the delegates had already left the auditorium and questioned ~vhether
,,;' or not it would be proper to consider this motion now. Larson withdrew
-__ _ his motion.
~' The main motion to adopt the 1980
-- ~ .-~.~ policy statement as amended was no~v
~ ~~ before the hody. The question was called and the motion passed on a
~ voice vote.
23
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The Chair stated that the consideration of resolutions was proper at
this time.
~-
RESOLUTION # 1-"A resolution of the Alaska ?lunicipal League Urging
the Governor and Legislature to use Surplus Royalty Oil Revenues to
Finance Hydroelectric Power Projects Through Long Term, Low Interest
Loans", (see attached). Larson mored its adoption, it was seconded,
the question was called and the motion passed on a voice vote.
ftESOLUTION # 2-"Endorsement of HR 5662 and S 1680, Bills To Divest
The Federal Government of the Public Domain and ~'est Title Therein
with the Respective States", (see attached). Larson moved its adoption.
It was seconded. Lehne moved to amend by striking the last resolve.
It was seconded. The question was called and the motion to amend
passed with no ob~ection, The question was called on the motion to
adopt as amended and the motion passed on a voice vote.
RESOLUTION # 3-"A Resolution of the Alaska biunicipal League Regarding
Pupil Transportation Refmbursement", (see attached). Larson moved its
adoption and it was secanded. 'The question aras called and the motion
passed on a voice vote.
RESOLUTION # 4-"A Aesolutian Concerning the Alaska Lands Bill", (see
attached). Larson moved its adoption. It was seconded. The question
was called and the motion passed on a voice vote.
RESOLUTION # 5-"A Resolutiott Encouraging State Financial Participation
in the Prudboe Bay Natural Gas Project", (see attached). Larson moved -
its adoptiion. It was seconded, the question was called and the motion
passed on a voice vote.
' RESOLUTION # 6-"A Resolution of the Alaska Municipal League Dealing
With Land Selection and Grant Regulation", (see attached). Larson
moved its adoption. It was seconded. The question was called and the
motion passed on a voice vote.
RESOLUTION # 7-"A Resolution for Summons to Action for Reform of the
;~ Juvenile Justice Sqstem", (see attached). Larson moved its adoption.
. It was seconded, the question was called and the motion passed on a
' ; voice vote.
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Larson moved that a resolution be drafted based on the policy itera on
the oppositi~n of the elimination of the state income tax in favor of
a tax credit system and that the resolution be presented to the Board
of Directors for their consideration. It was seconded. Discussion
Polloared. Delabay moved to table. Tt was seconded, the question was
called and the motion failed on a voice vote. The motion to draft a
resolution on the opposition ~f the elimination of the state income
tax for presentation to the board was properly before the body. The
question was called and the motion passed on a voice vote.
Larson presented the following resolutions :(1) Resolution on Full
Funding of Pupil Transportation; (2) Resolution on 100°~ State Funding
of Capital Pro~ects; (3) Resolution on Taxing Authorities; (4) F.eso-
lution on Alaska Coastal Council; (5) Resolution on Beaufort Sea Sale.
He moved the consideration of these five resolutions be tabled. Tt
was seconded. The question was cal2ed and the motion passed unanimously
by voice vote.
24
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Larson moved the adoption of a resolution of thanks and appreciation
to the City and Borough of Sitka for hosting the 1979 conference. It
was seconded. The question was called and the motion passed unanimously.
Larson moved the delegates concur with a resolution from the chairman
and members of the legislative commfttee in appreciation to the League
officers, director and staff for their work during the past year. It
~vas sec~nded, the question was called and the motion passed unanimously
by voice vote.
Larson moved the adoption of a resolution of thanks and appreciation
to the staff of the Sheffield House, The Shee Atika Lodge, The Potlatch
Hotel. and the Centennial Building for their cooperation during the
1979 conference, and to the Older Ones for furnishing coffee and tea
to the delegates in the Centennial Building. It was seconded. The
question was called and tlie motion passed unanimously by voice vote.
President Younker a.nnounced the new officers for the Alaska Association
j of Diunicipal Clerks as follows: President, Evelyn Thompson, 1lfatanuska-
i Susitna Borough; Vice-President, Georgiana Booth, Ketchikan Gateway
~ Borough; Secretary/Treasurer, biicki Miller, Kodiak Island Borougti.
New officers for the A2aska biunicipal Aianagement Association are as
follows: President, Judi Sla3er, Ketchikan Gatewaq Borough; Vice-
President, biark Lewis, City of Valdez; 2nd Vice President, Clair
Harmony, City of Kodiak; Secretary/Treasurer, Norm Levesque, ?~tatanuska-
' Susitna Borough.
~ New officers for the Planning Association are as follows: President,
~ Art Hartenberger, Ci.ty and Borough of Juneau; Vice President, biike
Schmidt, City of Valdez; Secretary/Treasurer, Jim jYeideman, State
i Department of Commerce and Economic Development.
New officers for the Alaska Municipal Attorneys Association are as
folloars: President, Lee Sharp, City and Borough of Juneau; Vice
President, Jim Nordale, Fairbanks Ivorth Star Borough; Secretary/Treasurer~
Allaa Tesche, ~iatanuska-Susitna Borough.
~' The Conference of ~iayors present officers ~vill remain in office until
; their meeting in January.
4.~
NOb3INATIONS AND ELECTIONS CObibiITTEE - President Younker announced that
with the adoption of the amendcnents to the constitution and by-la~vs
previously in the meeting, the Pirst vice president will automatically
move to the oYfice oP president; the second vice president ~vill auto-
matically move to the office of first vice president; and the offices
of second vice president, tcvo one-year directors, and four two-year
directors will be filled. Gilman and Lehne are hold-over directors
with one more year to serve on their terms. Presi3ent Younker asked
for a report from the naminations and elections c~mmittee, ~vhich he
had appointed at the opening session and consisted of Carroll Fader
(Chairman); Dave Rose, Anchorage; .Iohn Carlson, Fairbanks north Star
Borough; Bill Overstreet, City and Borough of Juneau; and Rocky
Gutierrez, City and Borough of Sitka.
25
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Fader announced the followin~: For the term of second vice president
the committee recommended Ted Lehne, Council t•iember, City of Fairbanks.
For the tcvo unexpired one-year terms the committee recommended Leo
Rasmussen, biaSor, Cfty of Nome, and Chuck Freeman, Assembly Dtember,
Ketchikan Gatetvay Borough. For the four tcvo-year terms the committee
recommended Jack Foster, Ulayor, City of Sand Point, Harry Aase, Assembly
~iember, City and Borough of Juneau, Jo Ann Elson, Assembly biember,
Kenai Peninsula Boraugh, Jim Ekstedt, Council/Assembly biember, City of
Palmer/~tatanuska-Susitna Borough.
Younker asked for nominatfons from the floor for the office of second
vice president. It was moved and seconded that the nominations be
closed and a unanimous ballot be cast for Ted Lehne. There being no
ob~ection, it was so ordered.
Younker asked for nominations from the floor for the two one-year
terms. It was moved and seconded the nominations close and unanimous
ballots be cast for Rasmussen and Freeman. There being no ob3ection,
it was so ordered.
Younker asked Yor aominations from the floor for the four t~vo-year
terms. It was moved and seconded to nominate Betty ZVallin, biayor,
Kodiak Island Borough. Younker announced that there would be a written
ballot with each member voting for four of the five candidates nominated.
The ballots were counted and Younker announced the four who received
the most votes were Foster, Aase, Elson and Ekstedt.
Younker congratulated tbe new oPficers oa their election.
Younker aanounced the new officers of the Alaska Association of Assessing
Officers: President, Mike ~Yorley, Ketchikan Gateway Borough; Vice
President, Elizabeth Barrq, ~Satanuska-Susitna Borough; Secretary/Treasurer,
Grace ~ioore, Citq of Ketchikan.
Younker turned the gavel over to the new Presfdent, Dave ~Yalsh, who
made the following reraarks:
"Thank you all for electing me your new president. I appreciate your
trust and confidence and will do my best to validate qour trust and
confirm your confidence.
"I want to give special thanks to Phil Younker for the fine ~ob he has
done this past year. He stepped in as president at a time when the
League was having financial problems, facing the imposition of a dues
increa.se upon its members, personnel problems and an uncertain future.
Thanks to Phil's guidance and a common effort on the part of the board
and tbe stafP~ the League is no Ionger in Yinancial diPffculty, it is
no longer necessary to inerease the dues, the League office has at its
helm someone worthy of trust and respect~ and the League's Yuture has
never looked brfghter. It was his quality of leadership and strength
of dedication that turred the League around. It is for this measure
of devotion that he deserves our thanks noa and for generatfons to
come.
26
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"Let us talk notie about the future of the Lea~ue and the focus necessary
for the coming year. T~vo issues ~vhich need immediate attention are
_ energy and motor vessel taxation. I intend to appoint committees
today whose duties ~vill be to study the issues and present possible
solutions for the problems involved. .
"The League's board and staff will continue their effort to increase
communication among its member municipalities. None of us is strong,
rich, or big enough to survive alone in hard economic times, but we
can and will survive by a union of our common interests.
"This next session oY the Legislature will see legislation considered
that the municipalities desperately need. Our goal is adequate state
assistance but without unneeded and unwanted interference with local
governmen~i options. ~9e must see to it that the assistance is provided
and the interference avoided. Toward that end, the board and the
legislative committee will set legislative priorities; now, at our
December meeting and during the Iegislative session.
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"As the League enters its 30th year and Ne enter a new decade, it
seems appropriate to make a few general philosophical comments on our
past and Yuture. SYe are faced with greater challenge and great
opportunity.
"As we enter the 80's the eyes of all Alaska aill be on us and our
governmentcs. In every way, we must be, in the words oi Sir Thomas
~Soore, as a city built on a bill; constructed by those a~vare of their
~ grave trust and their great responsibility.
~~ "The histiorq of the League has been one of unparalled success in
reducing the size and breadth and depth of our state to one uniPied
voice of local communities, united for our common good, for our common
heritage, Yor our common future. ~Ye must continue our progress, not
being blind to our differences but by directing our attention to our
common interests and to the means by ~rhich those differences can be
resolved. ~Ihat we have all seen this last week, partfcularly in the
development of the policy statement, shows a coaunon unity, a commoa
interest that is beyond regi.onalism. I am convinced that when Alaskaas
say they love Alaska, they mean not only the hills of Fairbanks, the
forests oY Southeastern, the beauty of the bush or the commerce of
South Central. They mean they love the inner air, the inner light in
which the Alaskan spirit lives and in which a person can draw a breath
of life and of se1P respect. That is cvhat brings us here today and
that is the tone to which we should dedicate ourselves during the
coming year. We local officials at this conference can be the architects
of Alaska. In our hands rests the future. By our labors at this
conference and in the coming years we sha1Z know if our municipalities
and our state will meet the challenges of the 80's and whether we can
hand down undiminished to the next generation of Alaskans, as ~vas
handed down to us by those who went before, the natural wealth and
beauty which is ours and the means to develop the kind of life we all
came here to seek.
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"Srhen, at some future date, the hi~h court of history sits in ~udgement
on each of us, recording, whether in our trief span of service, we
fulfilled our responsibilities to our communities, our success or our "
failure in whatever office we hold and in ~vhatever programs we began,
we will be measured by the ans~vers to four questions posed to American
people thirty years ago by Harry Truman, when the League was being
born: Did ~ce have courage?; did we have ~udgement?; did we have
integrity?; and did we have dedication?.
"For our state to prosper, we must answer these questfons with a
resounding "yes". tYe can meet the challanges to the 80's, and we will
fulfill our state's promise and our people's heritage.
"SYe ~vill ttot finish in 1980, nor will we Pinish in 1985, nor in 1990,
nor perhaps even in our lifetime. But let us begin todaq."
~talsh made the following committee appointments:
Interim Energy Committee: Chair, Jobn Spencer, Municipality of
Anchorage; Sterling Ga2lagher,~John Nuveen and Company; Jim tYakefield,
City and Borough of Juneau; and Dave Hutchens, Chairman of AREC. He
added that he would like to appoint someone to the committee from the
Anchorage and Fairbanks Assemblies and someone with a financial back-
ground and would announce those names at a later date.
1980 Legislative Committee: Chair, Ron Larson, Matanuska-Susitna
Borough; Paul Baer, biuaicipality of Anchorage; Stuart Bowdoin, Bristol
Bay Borough; Ruth Burnett, Citq of Fairbanks; Sam Coxson, City of r-
~Yhittier; A1 Cronk, Fairbanks North Star Borough; Bill Curtis, City of
Palmer; Ben Delahay, City of Kenai; Marilyn Demmick, Kenai Peninsula
Borough; Dditch Gravo, Municipality of Anchora.ge; Lyman Hoffman, City
of Bethel; Dave Jensen, Cities of Sand Point and King Cove; Nancy
Kraning, Citq of Bethel; Dan Keck, Citq and Borough of Sitka; Carol
Lechner, City of Kodia.k; Perry Lovett, City of Cordova; Carol biaser,
biunicipality oP Anchorage; Bryan MacLean, City of Barrow; Gene Dioore,
City of Kotzebue; Jim Nordale, Fairbanks North Star Borough; Ernie
Polley, City and Borough of Juneau; Joyce Ra.sler, City of ~Vrangell;
biike Ribar, Fairba.nks North Star Borough; Lidia Selkregg, b7unicipality
of Anchorage; Lee Sharp, Citq and Borough of Juneau; Barbara Shaffer,
City of Nome; Judi Sla~er, Ketchikan Gateway Borough; John Solomon,
City of Fort Yukon; Bob Sundberg, City of Fairbanks; Bill ~Yalker, City
of Valdez; Betty ~9allin, Kodiak Island Borough; and Ed Zastro~v, Ketchikan
Gatewaq Borough.
~Tater Vessel Taxation Committee: Perry Lovett and Bill Hall, City of
Cordova; and Mike CJorley and Ed Zastrow, Ketchikan Gateway Borough.
ADJOURNMENT - There being no further business to come before the body,
Leo Rasmussen moved the annual business meeting be ad3ourned. It was
seconded. There befng no ob~ection, the meeting was ad~ourned at 5:20 pm.
2S
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1
A RESOLUTION OF THE ALASKA l1iUNICIPAL LEAGUE
-. URGING THE GOVERNOR AND LEGISLATURE TO USE SURPLUS
ROYALTY OIL REVENUES TO FINANCE HYDROELECTRIC F0~4ER
~ PROJECTS THROUGH LONG TEIi~i, LO~V INTEREST LOANS
~ ~VHEREAS the state of Alaska Royalty OiI Revenue ~nd is now
I
accumulating a substantial surplus far in excess of anticipated
revenues; and
Z4HER~AS energy independence through development of hydroelectric
po~ver is determined to have unlimited potential; and
~1THEREAS speedy development of Alaska's hydroelectric potential
j would insure the future economy and orderly growth of our great
state; and
j jYHEREAS there is no single investment which would be of greater
benefit to all Alaskans on an equal basis;
NOtY THEREFORE BE IT RESOLVED by the Alaska Diunicipal League that
~ the Governor and Legislature of the State of Alaska be urged to
assiga first prioritq for the use of surplus royalty oil revenues to
the immediate financing of hydroelectric power pro~ects; and
., BE IT FLIRTHER RESOLVED that the funding be in the farm of long
term, low interest direct loans or in the full guarantee of same.
This resolution was passed and approved by the general membership of
the Alaska Municipal League at its annual buszness meeting in Sitka
on November 2, 1979.
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ENDORSEbI~NT OF HR 5662 AND S 1680, BILLS TO DIVEST
THE FEDERAL GOVERDTDIENT OF THE PUBLIC DOLIAIN AND TO VEST
TITLE THEREIN S4ITH TIiE RESPECTIVE STATES
~PHEREAS more than 63°h of the land in the 13 western states is
controlled by the federal government thereby denying these states and
their citizens the right.to determine their own destiny, and therefore
denying them the same human, political, and economic rights and
responsibilities as citizens of other states; and
WHEREAS the respective western states can more effectively and
more responsibly manage and supervise the use and protection of these
lands; and
WHEREAS Alaska Senator Ted Stevens, along with 3enator Orrin
Hatch of Utah and others have introduced S 1680, a bill to divest the
Federal Government of its contro2 oY the public domain and to place
tftle in said public domain in the hands of the respective western
state governments, by which said state governraents will be able to
achieve and realize a full state of equality with the other states of
tbe Federal Union, and thus to obtain their due constitutional ri~hts
and the appropriate benefits for all citizens within these states; and
WHEREAS Alaska Representative Don Young has iatroduced a bill,
HR 5662 similar to S 1680; and
~4HEREAS the principles set forth in these bills are important,
amended to ensure equitable treatment of local governments ~vherein
eacb of the aYfected states, including assurauces that the revenues
now received by the cities and boroughs are protected and assured,
and that the cities and boroughs shall have a meaningful voice in the
usage of lands transferred to the states;
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A RESOLUTION OF THE ALASKA ZfUNICIPAL LEAGUE REGARDING
PUPIL TRANSPORTATION REIDIBliRSE1tiENT
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~YHEREAS it is the obligation of the state to provide free pupil
education subject to the provisions of AS 14.14.110 and AS 14.14.120; and
~YHEREAS it is the obligation of the state to provide minfmum
levels of pupil transportation as out].ined in 4 AAC, Chapter 27; and
tVHEREAS student transportation has, in the past, been a totally
reimbursable state expense; and
WHEREAS cost of living clauses and other inf3.ationary contract
provisions have been required bq the Department of Education; and
WHEREAS annual cost of living, as per Cost of Living Index,
generallq exceeds 6~i and present COLA figures compound this figure
throughout the life of the contract; and
NHEREAS the Legislature did not fully fund pupil transportation
~ during the last legislative session; and
WHEREAS this action places a significattt financial burden upon
municipalities throughout the state;
NOt4 THEREFORE BE IT RESOL~'ED that the b3unicipal Finance Officers
Association of Alaska requests the Alaska biuaicipal League to seek a
supplemetttal legislative appropriation to fully fund the cost of pupil
traasportation for FR 79' and FY 80' to inc2ude the 2°, administration
fee; and
BE IT FURTHER RESOLVED that tbe Alaska Municipal League request
the Legislature and Governor to provide full funding, to include the
2~O administrative fee for pupil transportation services in aIl districts
throughout the state.
~. This resolution ~vas passE~d and approved bs~ the general membership of
`J~ the Alaska Municipal League at its annual business meeting in Sitka
on November 2, 1979.
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NO~S THEREFORE BE IT RESOLVED by the Alaska ?tunicipal League that ~
the members hereby do endorse HR 5662 and S 1680 for passage by the
Congress of the Unites States, provided a bill is first amended to
satisfy the views of municipal governments as stated in the resolution,
and do urge the respective United States Senators and Congressmen
Prom the westera states, and indeed from all of the states, to proceed
irmQediatelq with appropriate public hearings on these bills in order
to faci2itate amendment into acceptable form and enactment into law.
This resolution was passed and approved by the general membership oY
the Alaska Municipal League at its a.nnual business meeting in 3itka
on November 2, 19?9.
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A RESOLUTION CONCERNIb'G ALASKA LANDS BILL
tYHEREAS the Alaska Native Claims Settlement Act (Section 17 d(2))
provides for the establishment of new national parks, wildlife refuges,
wild and scenic rivers and national forests from the federal lands in
Alaska as "National Interest Lands" to benefit the American public; and
WHEAEAS the need for natural wilderness supportive of a balanced
habitat, unspoiled rivers and streams, and outdoor recreation areas
constitutes a.n environmental issue of concern both to Alaskans and to
other citizens oP the United States including those who live in urban
areas; and
~PHEREAS 3-9 as reported by the Senate Energy Committee on October
30, 19?9, reflects both public aad private interests, not only for
preserving the Alaskan and American lifestqle, economy, and ~obs; and
~~ ~FiEREAS this legislation provides for adequate and feasible
J access Yor economic purposes both to private land and to mineral
rights under public la.nd when such land is effectively surrounded by
federal coaservation or recreation lands; and
WHEREAS prompt resolution of the d(2) issue through passage of a
bill shall encourage economic stability within the State of Alaska;
NOt4 THEREFORE BE IT RESOL4'ED that the Alaska Diunicipal League
endorse tbe Senate Energy Committee version of S-9 and encourage the
Senate to take prompt action on the finalization of this Alaska Lands
Bi1Z this session.
Thfs resolutfon was passed and approved by the general membership of
s., the Alaska biunicipal League at its annual business meeting in Sitka
`~ on November 2, 1979.
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A RESOLUTION EhCOURAGIhG STATE FINAtiCZAL PARTICIPATION
IN THE PRUDHOE BAY hATURAL GAS PROJECT
~9IiEREAS state financial participatfon in the Prudhoe Bay natural
gas pro~ect mi~ht be necessary to secure sufficient funding to begin
the pro~ect; and
~9HEREAS state financial participation in the overall gas pro~ect
might also be necessary to secure the State's access and right to use
its royalty natural gas vuithin Alaska; a.nd
~YHEREA3 the state has tbe authority to issue revenue bonds, or
utilize ather Yinancial measures, to finance the construction of a
natural gas conditioning plant, which is the key component in the
Prudhoe Baq gas pro~ect; aad
WHEREAS state funding of tbe gas coaditioning plant would allow
the state to insure appropriate use and processing of natural gas
within Alaska to beneYit citizens of the state;
NOW THEREFORE BE IT RESOLVED bq the Alaska btunicipal League that
the Legislature and the 3tate Adpiinistration are encouraged to use
the state's bonding authoritq or other appropriate fina.acial means to
invest 1n a gas conditioning plant, provided that;
1. 3uch investment be predicated upon the condition that at
least tbe state's roqalty share of natural gas be processed and made
available for use ia-s~ate; and
2. If tecbnically and econoraically feasible, tbe conditioning
plaat be sited at a location that will provide maximum economic
benefits to the citizens of Alaska.
Thfs resolution was passed and approved by the general membership of
the Alaska Municipal Lea~ue at its annual business meeting in Sitka
on November 2, 1979.
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~- ~ A RESOLUTIO~T OF THE ALASKA f41UNICIpAL LEAGLTE
DEALING ~YITH LAND SELECTION AND GRANT REGULATIONS
~ ~YHEREAS the Alaska Department of Natural Resources has proposed
~ municipal land selections and grant regulations (11AAC57) which, in
;
'„ ~ part, are contrary to legislative intent expressed in 85 SLA 1879,
f
; are unfair to certaitt•municipalities, unnecessarily burdensome and
. ' require clarification; .
{ NOW THEREFORE BE IT RESOLVED by the Alaska 'iunicipal League that
1 tibe sub~ect regulations distributed in October 1979 be amended to (1)
clarifq and limit the meaning and use of the term "department disposal
worklist"; (2) reaffirm the right of municipalities to make nominations
; on patented or tentatively approved to the state until October 1980;
~ (3) delete proposed sections 11AAC57.030 (g) and'(i).
~
This resolution was passed and approved bq the general membership oY
the Alaska biunicipal League at its annual business meeting in Sitka
on November 2, 1979.
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~, A RESOLUTION FOR SUI~1lIONS TO ACTION FOR REFORbi
OF THE JUVENILE JUSTICE SYSTEM
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S~'HEREAS a~e the members of the Alaska b!unicipa2 League, along
cvith the citizens of our communities, are frustrated and resentful of
the growing Pailure of our ~uvenile ~ustice system to deter crime and
to punish criminals; and
tVHEREAS we believe that this failure, particularly in the area
of 3uvenile ~ustice, has resulted in a serious loss of faith in the
ability of our institutions to insure the simple order that is the
necessarq prerequisite for preservation oP individual rights and
freedoms; and
WHEREAS we fear that manq of our people will abandon their
traditional reliance on the rules of law and either retreat behind
locked doors and personal weapons or resort to vigilante solutions to
neighborhood crime; and
Thi~EREAS we assert that nothing less than fundamental reform of
the Alaska Juvenile Justice System cvill restore the people's confidence
in the rule oP the law and the ability of our traditional forms oY
governraent to provide securitq for laiv-abiding citizens; and
WHEREAS we urgently solicit the attention of those with power to
aYfect change; and
j9FiEREAS while we are not lawyers, criminologists, sociologists,
or otherwise expert in crime and punishraent, we as elected government
officials are closer to the people and feel that we hear their message
sooner and clearer and this is what we hear:
"1. Dissatisfaction with the status quo is so advanced that changes
should be attempted even if proposed solutions or new ideas are
not perfectly conceived and certain of success. In other ~ords,
'do something!'
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"2. People ~cill support the tax effort necessary to fund true
reform of the system, but deeply resent the continued tax support
of a system that ~ust is not cvorking. Specifically, more emphasis
should be placed on detention and restitution and particularly
more facili~ies~for ~uvenile offenders and less on grobation.
"3. Reform should emphasize the positive power of work as a
practical solution of the related problems of idleness and
crime. There is nothing cruel or unusual with good bard work.
~9hile arork programs are still available, the courts tend to
refrain f rom utilizing this means of rehabilitation.
"4. People want support for the victims of crime, mitnesses,
~urists, and other citizens to bolster the effort to control
crime without the compensation received by the professionals.
"5. The admi.nistration of justice should be flexible and respon--
sive to proper local concerns. Local crime should be locally
ad3udicated by ~udges who are elected locally rather that regionallq.
"6. Simpler and swifter procedures commensurate with the serious-
ness of tbe violation are badlq needed.
"7. ~ia3or and heinous crimes committed by 3uveniles should be
more readily tried as adult crimes, with punishments extending
beyond the nineteenth year of age. It is intolerable for a
convicted murderer to walk the streets after two years or less
in prison because he happened to be a~uvenile when he committed
the crime.
"8. Alcoholism among 3uveniles and adults in public places
should be considered as a violation of common decency and made
sub~ect to police enforcement if not only for the benefit of the
general public's health and welfare, but for the welfare of the
individual involved;" and
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~ S9HEREAS we conclude ~vith an optimistic belief that cve have in
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-! our midst talented, creative individuals capable of devising a system
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. ~ that works; and
>; ~ WHEREAS ener
_ gy should be directed to that task rather than
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~ attempting to place blame for the current shortcomings; and
' NHEREA3 by in large, the incumbence of the current system,
~udges, prosecutors, prison officials, and probation ofYicers endeavor
to do difficult work with dedication and integrity; and
~YHEREAS public anger should be directed only at those who
_ resist necessarq change out of habit or special faterest;
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1 N0~1 TxEREFOR BE IT RESOLVED by the Alaska Municipal League that
; ae pledge our efforts and support of reform; and we urgently solicit
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the aid oY our municipal residents, our legislators and all others
.
with a power to make a difference in this effort to restore a sense
of saPetq and security to our communities; and
, BE IT FiIRTHER RESOLVED that the Executive Director is herebq
directed to send copies of this document to the Governor of the State
, of Alaska, municipalities throughout the State of Alaska, federal and
state Iegislators, and aIl other individuals and organizations able
~,
to assist in this effort.
Tbis resolution was passed and approved bq the general membership of
the Alaska biunicipal League at its annual business meeting in Sitka
on November 2, 1979.
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A RESOLUTION OF APPRECIATION TO THE CITY AND BOROUGH OF SITKA
- tYHEREAS the Alaska Liunicipal Lea~ue has been honored to conduct
~ j its 1979 conference in Sitka; and
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~ ~YHEREAS the elected officials and administration oY the City and
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~ Borough oP Sitaa assisted the .League in avery possible way during the
conference; and
~iEREAS the hospitalitq and warm reception accorded all visitors
made this a most successful and enfoyab2e conference;
I
I NON THEREFORE BE IT RESOLVED that the Alaska L~unicipal League
- extends its thanks'a.nd appreciation to the officers and staff of the
City and Borough of Sitka; and .
BE IT FURTHER RESOLVED that this resolution be given adequate
' dfstributian in Sitka so that.all concerned maq be aware oY the
' ~ Alaska Muni,cipa,l LeaguP's appreciation of a fine ~ob well done.
This resolution was passed and approved by the general membership of
the Alaska Municipal League at its annual business meeting in Sitka
on Noveraber 2, 1979.
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A RESOLUTION OF APPRECIATION TO THF. SFiEFFIELD FiOUSE, SITKA
tYHEREAS the Alaska ~iunicipal League has been privileged to
co~duct its 1979 conference in Sitka; and
S9IiEREAS the Sbeffiel~i House was designated as headquarters for
the conference a.nd they assumed the task of housing, feeding and
serving the visiting delegates; and
S7HEREAS the services normally expected of a headquarters hotel
were perfoz~aed bq the management and staff of the Sheffield House in
a most professional a.nd commendable manner; and
~FHEREAS the en3oyraeat of the conference delegates was greatly
enhanced bq the personal atteation and sincere concern accorded them
by the ma.nagement and stafY of the Sheffield House;
N0~9 THEREFORE BE IT RESOLVED that the Alaska ~dunicipal League
extends it thanks a.nd appreciation to the management and staff of tha
Sheffield House; and
BE IT FURTAER RE30LVED that tbis resolution be brought to the
attention of all the personnel of tbe 3heffield House in order that
theq may be made aware of the Alaska Municipal League's appreciation
of a ffne ~ob well done.
~
This resolutioa aras passed and approved by the general membership of
the Alaska Diunicipal League at its annual business meeting in Sitka ~
on November 2, 1979.
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" A RESOLUTION OF APPRECIATION TO THE SHEE ATIKA LODGE
I iYHEREAS the Alaska Diunicipal League has been privileged to
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I conduct its 19?9 conference in Sitka; and
~4HEREAS the enjoyment- of the conference delegates was greatly
f enhanced b ichc;
y personal aL-tention and sincere concern accorded them
bq the management and staPf of the 8hee Atika Lodge;
NOW THEREFORE BE IT RESOLVED that the Alaska tiunicfpal League
extends it thanks and appreciation ~o the management and staff of the
Sbee Atika Lodge; and , -
BE TT FURTHER RF.SOLVED that ih3s resolution bR brought to the ~ "
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~ attention oY all the personnel of the Shee Atika Lodge in order that
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~! theq may be made aware of the Alaska Municipal League's appreciation . ~ ~
!• ~ of a fitte 3ob well done.
- This resolution was passed and approved by the genera2 membership oP
.~ the Alaska 1~unicipal League at its annual business meeting in Sitka
! on November 2, 1979.
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A REOLUTION OF APPRECIATION TO THE POTLATCH HOTEL
~9HEREAS the Alaska btunicipal League has been privile~ed to
conduct its 1978 conference in Sitka; and "
~YHEREAS the en3oyment of the conference delegates was greatly
enhanced by the personal attention and sincere concern accorded them
by the managemeat a.nd staff of the Potlatch Hotel;
NOtP THEREFORE BE IT RESOLVED that tbe Alaska Municipal League
extends it thanks a.nd appreciation to the management a.nd staff of the
Potlatch Hotel; and
BE IT FURTHER RESOLVED that this resolution be brought to the
attention of aIl the personnel of the Potlatch Hotel in order that
they maq be made aware of the Alaska Municipal League's appreciation
of a fine ~ob we7.1 done.
This resolution was pa.ssed and approved by the general membership oY
the Alaska Municipal League at its annual business meeting in Sitka
oa November 2, 1979.
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~ A RESOLUTION OF APPRECIATION TO THE CENTENhIAL BUILDI:~'G ~
~
~VHEREAS the Alaska btunicipal League has been privileged to
conduct its 19?9 conference in Sitka; and
~ WHEREAS the en~oymentc of th2 confer.ence delegates was greatly
eabanced bq the personal attention and sincere concern accorded them
by the ma.nagement and staff of the Centennial Building;
_. NOW THEREFORE BE IT RESOLVED that the Alaska Municipal League
.
extends it thanks and appreciation to the management and staff of the
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I Centennial Building; and
BE IT FURTHER RESOLVED ~hat this resolution be brou ht to the
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attention of all the personnel of the Centennial Building in order
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that tbey may be made aware oP the Alaska Municipal League's appreciatiott
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, ; This resolution was passed and approved by the general membership of ~
~ the Alaska Municipal League at its annual business meeting in Sitka ~
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A RESOLUTIOH OF APPRECIATION TO TIiE OLDEP. OI3ES
' ~YHEREAS the Alaska Diunicipal League has been honored to conduct
its 1979 conference in Sitka; and
S4IiEREAS the Older Ones furnished coffee and tea to the delegates
attending meetings at the Centennial Building;
WHEREAS the hospitality and warm reception accorded all visitors
~ made this a most successful and en~oyable conference;
NOW THEREFORE BE IT RESOLVED thaL the Alaska Municipa2 League
extends its thanks and appreciation to the Older Ones; a.nd
BE IT FURTSER RESOLVED that this resolution be given adequate
. distribution in Sitka so that all concerned maq be aware of the
Alaska Municipal League's appreciation of a Yine ~ob well done.
This resolution was passed and approved bq the general membership of
,, the Alaska Municipal League at its annual business meeting in Sitka
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'f on November 2, 1979.
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CITY OF KENAI
~~ _ = ~ "Cl~:l G'a.1~~a.1 ~ ,Q.l~~~ia„
P. O. 80X St0 KENAI, ALASKA 99~11
TELEPHONE 4Y3 • 7535
4 ~'
December 27, 1979
MEMO
TO: Honorabie Mayor and City Council
FROM: Ben T. Delahay, City Attorney
SUBJECT: Special Taxicab Discounts for Senior Citizens
on Fixed Income
After the last Council meeting, it was brouqht to my attention
that the minutes of the Public Vehicle Commission indicated
that the motion recommending higher rates for taxicab service
had included a request that special consideration be given
by the Council for Senior Citizens in arriving at rates.
I understand that this was placed in the motion because
information had been given the Public Vehicle Commission
that at one time Bert's Cab had given a Sn percent discount
for Senior Citizens on fixed income.
If any member of the Council desires to qive such consideration,
I suggest that the member move for a reconsideration of
Resolution No. 79-173, and if the motion is seconded and passed,
move to amend the Resolution to incorporate such a discount.
For instance, a motion could be made to amend Resolution
No. 79-173 to add an additional subparagraph (f) to read
as follows:
"(f) All of the above rates shall be subject to a
discount of 50 percent for Senior Citizens on fixed
income."
A number of problems are foreseeable for such a discount,
and the Council might consider these problems, and if the
Council desires to give such a discount, vary the suggested
amendment to prevent such problems in so far as possible.
1. The £irst problem is identification of Senior Citizens -
is this a person 65 years old or older, 62 years of age or
older (the age at which Social Security can be secured),
or 55 years of age (the age at which one can secure a
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Memo to Mayor and Council
Page 2
December 27, 1979
membership in the American Association of Retired Persons)?
If an established age is set, how will the cab driver be
able to ascertain that a passenger is eligible for discount--
would the passenger have to produce a copy of a birth
certificate? Would he use a driver's license (if he has
one)? Would some other identification be appropriate,
an.d if so and it does not bear a picture of the holder,
how could the cab driver be sure that it belongs to the
passenger?
2. Iiow can the cab driver ascertain if a Senior Citizen,
even if properly iden~ified as such, is on a fixed income?
Would a"fixed income" of $50,000 still entit2e the passenger
the discount? If not, what limitation of income would be
necessary in order to entitle the passenger to a discount?
If there is such a limitation, how can the cab driver be
expected to ascertain if the passenger comes within the
limitations? Would the passenger have to obtain a special
identification card identifying him as a Senior Citizen and
on a low enough fixed income to be eligible? If so, who
would furnish such cards and how would they determine
the eliqibility of the applicant?
~: ._ ~ 3. If the Council feels that the rates as set are tair and
I would qive a reasonable rate of return to the operator,
then such a proposed discount would necessarily decrease
~ the margin of profit as such a fare would be less
profitable or perhaps even cause a loss. In this case,
; does the Council expect the taxi operator to subsidize the
Senior Citizens even at the risk of operating the business
~; at a loss or insignificant profit? If the taxi operator is
',i; not expected to subsidize the Senior Citizens, should other
~, users of taxicabs be required to furnish such a subsidy by
raising the rates above what would be necessary as currently
set out in Resolution No. 79-173 in order to balance the
:,' ~C loss of income from the use of such a discount for the
~~ ~1 Senior Citizens? If other taxi users are not expected to
'~_~; subsidize the Senior Citizens, is the City willing to do
,, ~ so paying to the taxi operators the difference between
~ the reduced ~ares and what the fares would be set at the
~; ~' rate given in the Resolution?
''
~'~ ;~ All of these, and perhaps other questions that have occurred
to Council, must be taken into consideration in setting such
=- -` a discount if the rates are to remain viable, the system
workable, and the taxi operator expected to render service
to the citizens of Kenai.
1 BTD/7et
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" CITY ~OF KENAI
~: ==~ - ~~' , „~~ G'~~~,C ~ ~1~~~„
,.. ~ I~: P. O. BOX 580 KENAi, ALASKA 99611
~' ' ~ TELEPHONE 283 • 7535
December 21, 1979
Mr. Pat Hampton
District Manager
Glacier State Telephone Company
P. O. Box 56Q
Kenai, Ak 99611
Re: Glacier State Claim for Relocation Expense
City Project #07-51-26998
bear Mr. Hampton:
At its regular meeLing on December 19, 1979, the City
~ Council of the City of Kenai rejected the claim of Glacier
State Telephone Company in the amount of $31,426.00 for
relocation expense incurred because of road widening projects
throughout the City under the above project number.
~ Tliis denial of claim is based on the fact that the City
believes that it has no legal liability fio the telephone
company under the circumstances of this case. In conference
with City personnel you stated that this claim was based on
relocation expense and there was only a negligible amount,
if any, of damages incurred to your lines whi.ch would not
have had to be relocated under the project plans. (Since
this work was not done by City crecas, any claims you wish to
make based on damage due to negligence should be filed
against the contractor responsible.)
Under Alaska Statutues (A.S. 42.05.251) the telephone
company is entitled to a permit to use in the streets,
alleys, and other public ways "unon pat~ment of a reasonable
permit fee and on reasonable terms and conditions and with
reasonable exceptions" (emphasis supplied] the City requires.
The telephone company never secured a franchise from the
City to operate therein (prior to the adoption of the above-
cited statute in 1970) nor a permit thercafter and has never
reached any agreeMent on reasonable terms nor paid any
permit fee. (In con~rast, it might be poineed out that
Kenai Utility Service Cor~oration pa;~s the City 20 of its
~-~ gross income witliin the Cit.~ for a permit to exercise the
privilege cohich the telephone co^~pan:~ etercises without any
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December 21, 1979 ~~
rir. Pat Hampton
Page 2
payment whatsoever.) 12 McQuillian 2~Iunicipal Corporations,
Section 34.72 states, "The grantee of a franchise to use the
streets takes i~t subject to the right of the municipality to
make public improvements whenever and wherever the public
interest demands, and if the improvement causes injury to
the company, as by requiring a.t to relay or change the
location of its pipes, tracks, or poles, or otherwise, the
grantee of the franchise cannot recover damages from a
municipality therefor." In this same section it goes on to
state that the damages may be recovered from a municipality
"if the statutes or the charter of a municipality provide
for a recovery of damages resulting from the gradinq or
changing of grade of a street." In Section 34.74A of
McQuillian it is stated: "The fundamental common-la:o right
company must relocate its facilities in public streets when
changes are required by public necessity. Accor.dingly, it
is generally held that the municipality may require change
in the location of pipes or other underground facilities of
the grantee of a franchise, where public convenience or
security require it, even at the grantee's own expense, ** ~_
*" In the same section, it is stated the common-law duty of
a utility to relocate its facilities at its own expense when
public convenience or necessity so requires "may be changed
by contract between the utility and a municipality so that
relocation expenses are borne by the municipality, or may be
changed by statute so that relocation expenses in certain
cases are borne by the state." [emphasis suppliedJ
I have found nothing in the state law that requires a
municipality to bear such relocatien expense, there is ,
nothing in the charter of Kenai that so requires, and since
there is no contract between the telephone company and the
City, and therefore no agreement for the City to bear such
expense, I have advised the Council that the telephone
company has no leqal grounds for such recovery, and the ~
Council has no authority to make payment of publzc funds ~
~
when the City is not obliqated to do so--in fact, such an
expenditure might be considered a misappropriation of public
funds which could be recovered by citizens suit against the
company even if paid.
I understand from a conversation over the telephone c~ith
your attorney in Anchorsge that he was previously advised by
my predecessor, Ernie Schlereth, that it was felt there was
~s
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December 21, 1979
Mr. Pat Hampton
~ . Page 3
~ no legal liability for this claim against the City.
I I certainly appreciate your personal cooperation in this
-- matter, I regret that I had not had opportunity to study the
law when this was first brought up immediately after Z
accepted this position with the City, and I apologize for
the Ci~y for the undue delays incurred zn making a deter- •,
mination on this claim.
Sincerely, ~
~~1 ~~ °
C
Ben T. Delahay ',
t
~ City Attorney
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HILL BRI(iHTON
12-31-78 - Called S: 40 Ab[. Not atrailable. Left meseaae to ca11 back.
1-2-80 - called 9: 50 AIli. no longer in offlce.
1-2-80 - called 9: 55 AM, at home. Not home. asked to call back in 2 hours.
I-2-80 - celled 12: 00 No~n, was not home. Son taok call, aeid his father
would cell back.
1-2-80 - cmlIed k 50 PM. b1r. Brighton answered. •
1
Mayor O'Reillq: Where do we stand now?
Mr. Brighton: Nothing happened Fridaq. the Judge gave both attornega
iastructlons. the trial ie set for January 28.
Maqor O'Reillq: Whst exactly did }-appenq
?Kr. Brfghton: It wae a pre-trieI oonference. I was not there. fust the attomeya.
The attomeqs aeked for motions. The Jud{Se seid he would not permit a witch-
hnnt. Theq would juat check on what happened to the 2$, We have gtven the
Central Committee four times ae mueh, but we wilI have a trial anqhow. I
K'ant mY attorney to tellc to you. he is more knowledgeeble thau I am. He wi11
call qou ia one hour.
Mayor O'Iteillq: Is ft to be a jury trial?
Mr. Brtghtoa: yea.
Maqor O'Reflly: Is the indictmeat Afficial biisconduct?
blr.8righton: Yes.
Mayor O'Reilly: How long will the trial take. do qou thinlc?
bir. Srighton: If it lested 2 daqs. 1t would aurprise me.
binyor O'ReiUy: Are you sti11 a candidate for the job?
Dir. Brightott: Yea. I am etilI irttereated for 2 t+eseons:
1. I wasrt the job.
2. I want to help with the (iovernor applfceitt.
Mayor O'Reilly: I wi11 have W report to the Cwncil toniqht. Are you still
interested? Family conalderations and all other factors are accepted. you are
atill intereated in the job?
Mr. Brighton: qes.
Mayor O'Reilly: I will report to the Council tonip.ht.
Mr. Brighton: 11Sy Attorney, Rob SYripht. will cell you in one hour.
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KFiNAI PFi:~ItiSU[.A I:qROUCft •
RIiGUI.AR ASSE!1B1.Y ti;3:fiTI:IG
U~CL;fE3I:it 18, 1979; 7:30 P.Ai.
BOROUGII AUt1I~ISTILI7'IU~ IsUILUJ;IG
I'. 0. BOX 850
SOI.DOT,~lA, ALASF:A 99669
- A G E y A A-
. Assembly Votc
A. CALL TO ORDER AND ROLL CALL Ambarian 10.66
Arness 9
B. PLEDGE OF .ALLEGII4\CE Campbcl l 7.5
Cooper 10
C. SEATING OF NE1V ASSHriBLY DSE~iBERS Corr 9
Crawforu 4
D. AGEhDA APPROVaL Davis 9
llimmick 9
E. APPPOVAL OF rIINUTES Or PRE~'IOUS A(~ETI~G Elson 10.G7
Fischer 9
F. ORUIIdrLNCL NEARI\GS, OR OTf1EK 1'U13LIC }lE:1RI\GS tlille • IO.G7
Long 9
(a) Ord. 79-70 "~n Ordinance Appropriating Alartin 9
20,000 froM Federal Revenuc Sharing DicCloud 7.S
Funds for thc Purpose of ~ssisting the Pickarsky 11
Kenai Peninsula Convention Bureau" Sikorski 9
(b) Ord. 79-71 "Providing for the Regulation
o L~ ega~d~~ertising" ~
(c) Ord. 79-74 "Rezoning a Portion of Bayview
u ivision, City of ilomer, frora Residential
(R) District to Commercial (C) District"
(d) Ord. 79-76 "Amending tlie Borough Codc of
r inances Relating to the ~bstention from
Voting By Assenbly ~tembers"
G. CONSIDERATION OF RESOLUTIO\S
(a) Res. 79-158 "Requesting the ElevenYli Legis-
atur'~ c to Appropriatc Funds to Upgrade and
Pave Certain Roads ltiithin the I~enai
Peninsula Borough"
(b) Res. 79-169 "Providing for the \omination
of Ce'~itain Lands for Conveyance from ..he
State of Alaska to the I~enai Peninsula
Borough Pursuant to tlie Borough Selection
Act"
(c) Res. 79-170 "~1lrardin~ a Contract for the
orou~fii~c Buildit~b Grouud Floor
Renovations (1979) Project"
(d) Res. 79-171 ".\ccci>tin~ t3~c Proposal 13y
Zrcies, Jlaclnncs :ui.i Ituffrian to Prcparc
Contract I)ocwnents for Lhe Removal anJ
Iteplac^~nent of the Seldo~•i~ Scliool
Striuuning }'ool"
(e) Res. 79-172 ~~arrrovinb the ~tayor's neter-
minatioti tTiat 1'cninsula Savings anJ Loan
Association lie Iiligiblr to I3c a l~cpository
for ~oroubh In-•estment Funds"
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, , AGENI)A FOR 1)I:CI:;~1Bf:R I8, 1979
(f) Res. 79-173 "Ucclaring Legislativc Intent
0 5ales '1'ax and Collection !'rovisions
19ithin thc Borough" • •
(g) Res. 7~-17d "Reqiiesting Lhc tileventh Alaska
eL ~islaturc to Autliorizc ftcal Propcrty
• Exemption of 550,000 tor P.esidcntial 1'ropcrty
Owned and Occupicd b~• Residcnts of thc Borough"
H. INTRODUCTIO~I OF ORDINAtiCES
(a) Ord. 79-65 "Authorizing the Purchase of
' er~tain 1'ioperty as a Site for the ~ew
Homer ~lenentary School and ~taking '
• Necessary Appropriations"
I. F012At~1L PRiSE\TATIO~IS i4ITH PRI012 ;~OTICH
(a) Red Smith, State, Borough, ilidividual land rights
J. COAn1ITTEE R~PORTS
(a) Finance (~1cCloud, Hille, Cooper, Cratiaford,
Corr, Dimmick)
(b) Local Affairs (Campbell, Dar•is, Sikorski, Pickarsky)
(c) Public j9orks (Arness~ Ambarian, Long)
K. DfAYOR'S REPORT
~ (a) Financial Report, November
L. SCIi00L CO~STRUCTIO~ RLPORT
(a) Letter, Supt. Pomeroy, and Revised List for
Soldotna Fiigh Sciiool
(b) School Furniturc and Equipment List for
. Redoubt Elementary and Homcr Uigh (approved
by thc board 22-4-79)
M. OTFiER BU5II~LSS ~
(a) Change of asscmbly raeeting dates: January 8
and January 22, 1950
' - PENDIhG LEGISLATIO~ -
(b) Ord. 79-75 "l:xemptins Purcliases of Gasoline
an i~C inme }Ieatiiib Oil from Rorough Salcs Tax"
(c) Res. 79-166 "~uthori:.i~i~; an ~lmenctmetit to t2ie
' • Contract tiritli 1larold liirur,~.4 1»ociates to
Iro~~ile ror ~lorc i:igorous l~i~ial In~~~cction
of tlic Soldotna lfigh ~choul I'rojcct"
• (~otice of Recu~isiJeratioii. .~r~icss)
h. ASSEDIGLY A~b ~G~YOR'S CC?L~iCXTS
0. PUI3LIC CO,CdE:XT5
P. INrOIUfATIUX:IL ~L1TI:RI~\LS A\P RE1'OItTS' ' .
(a) Aliraitcs: ~ctiys in Bricf~ 12-d-79
School IIoard, ]1-19-79
Nikiski rirc 5.,1., il-i4-79.
(b) I'etition for Revicw
(c) Asscmbly Calcndnr
Q. NOTICI: OF NL•X1' t•1Gli'1'1.1G ANU ~1UJOUltK~tENT ,
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KENAI HARSOR COMMISSION MEETING
PUBLiC SAFETY BUILOING '
KENAI, ALASKA 99611
December 11, 1979
HARBOR COMMISSION MEMBERS: Mr. Robert Peterkin, Chairman
Mr. John Williams, Vice-Chairman
Mr. Tom Ackerly
Mr. William Burnett
Mr. Chester Cone
. Mr. Bob Tepp
Mr. Tom Wagoner
EX-OFFICIO MEMBERS: Mrs. Betty Glick, Councilwoman
Mr. Vince 0`Reilly, Mayor
STAFF PRESENT: Mr. Vince 0'Rei11y, Mayor .
OTHERS PRESENT: Mr. Jim Hendricks, Borough Seniar Planner
Mr. Ed Ambartan, Borough Public Works Cortmittee Chatrman
Lieutenant Tart Spooner, U. S. Coast Guard
CALL TO OROER: Comnissioner Robert Peterkin called the meeting to order
at 7:10 p.m.
ROLL CALL: Tom Ackerly, Present
William Burnett, Absent - Excused
Chester Cone, Present
Robert Peterkin, Present
Bob Tepp, Present
Tom Wagoner, Present
John Williams, Present
AGENDA APPROYAL: The agenda for December li, 1979, was approved with the
following change;
REPORTS #1 - 7(a) Ike D. Waits - Woodward/Clyde (Written)
7(b) Bob Tepp - Report on Cordova
OLD BUSINESS #8 8(b) $600,000 State Harbor Development Fund~
*input from Mayor 0'Reilly
8(d) Pacific Alaska Discussion
*Input from Mayor 0'Reilly
APPROVAL OF The minutes of November 20, 1979, were approved
MINUTES NOVEMBER as written.
20, 1979:
U.. S. COAST Lieutenant Tom Spooner, U. S. Coast Guard, Kenai
6l1ARD: Detachment, spoke to the Commission regarding areas of
responsibility for the Coast Guard here in Kenai. His
3ob is three fold:
1. Inspection on Ships and Nikiski Terminal
Z. Oil Pollution
3. Investigation of Boating Accidents, and the area of
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HARBOR COMMISSION MEETING
~2;,~r,;ber 12 , ~ 3: ~
page 2
U. S. COAST operations include the whole lower Cook Inlet Area.
6UARD (Cont'd):
Questions by the Commission to Lieutentant Spooner;
Do you work v~ith customs when a ship comes in?
~ Lt. Spooner reported the Coast Guard does not
work with customs, they do make sure certificates
are in order. Also, they monitor LNG Loading, (Po1ar
Alaska & Arctic Tote) and try ta get out to check
safety requirements with tankers, but we don't get
into traffic control in Nikiski area. ~
Questions arose on the feasibility of traffic control
ff there were additional docks in the area, and who
would decide when traffic control is needed.
It was reported by Lt. Spooner that the'CBptain~of
the Port for Western Alaska which fs Captain Connor
would have input into that decision.
There are 3 attached to the Coast Guard crew here
now and perhaps 1 more will be added in a few months.
It was reported that the Cortrnission is now attempting to
have Kenai designated as a Port of Entry, and inquired if
the Coast Guard woutd be involved with imnigratian when
foreign ships come in, or does the Kenai Detachment act as
a representative. Also does the Coast Guard have any idea af
the number of foreign boa~s which visit these docks on an
annual basis aside from the Polar Alaska & Arctic Tote?
Lt. Spooner reported that the Coast Guard was a representative
and wasn't involved with irtmigration, and as to the number
of foreign boats he did not know the number of ships that
came in.
Other questions addressed to Lt. Spooner;
What was the extent of freight or petroleum products other
than oil that maybe unloaded across the dock. It was reported
that only cement wou]d be un7oaded or some other petro chemical
type products that is unloaded at Union, prjmarily for their
own use and not for general public use. Rigtenders, most of
their freight is in support of the platforms.
Further questions addressed to Lt. Spooner;
Monitoring oil ioadings.
What happens when an area comes under Coast Guard control.
It was pointed out jn a previous statement that it was not so
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HARBOR COMMISSION MEETING
r~ December 11, ]979
page 3
U. S. COAST much the traffic as the number of docking facilities that
GUARD (Cont'd): were in a given amount of beach because of severe tides &
ice flows that the Corps of Engineers were concerned about.
A few years ago it was reported that the Coast Guard did not
want to see anymore docking faciTities out there to speak of.
Lt. Spooner reported that at one time they were concerned
about vessels breaking loose and being carried down to the
next dock.
Co-~nissfoner Peterkin inquired about the size of the
facility at Kasilof, the number of fishing boats they can
put in. Lt. Spooner had no information on this.
Lt. Spooner reported that the Coast Guard did not control
boat speed, however, if there was an accident or it could
be conceiveable that the Coast Guard would step in if vessels
were conqesting the harbor. It is not the intent of saying
you must do this or that in regard to boat speed.
~. Qther concerns by the Commission were the number of boats
tied to a buoy, the registration of these, and monitorfng
- by the Coast Guard due to the fact that sometimes there are
6 to 8 boats tied on one buoy. This would create a hazard
in trying to get around a11 these boats.
Lt. Spooner commented that the Coast Guard had been working
with the peopi~e at NiniTchik because the number of boats far
exceed the real capacity of the harbor. ATsc, we wi11 be
visiting canneries and their water front facilities.
There were questions on inspection of fishing boats and it
was ]earned that fishing boats aren't required to be inspected.
When time permits, the Coast Guard will try to make a
courtesy inspection with regard to general safety, (fire
extinquisher, life jackets, proper ventilation, things like that
which enhance good safety.
There were general comments about the charter fleet at Homer
which carry passengers and if these are inspected.
The rule by which Charter Boats are inspected are:
Any boat 6 passengers or less - no inspection.
Any boat 6 passengers or over are inspected.
.~
Commissioner Peterkin cormnented that Lt. Spooner has
mentioned that he intended to look at different parking areas
for boats, would he be looking at the Kasilof River and if
so, would like to ask a specific question to get an officia7
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IiHRtSUK (.Uhi~"~1J51UN MttlllVli
Decemher ~1, 1979
^ page 4
U. S. COAST answer if possib]e. He read an excerpt from the February 1,
GUARD (Cont'd): 1976 Corps of Engineers Report as follows:
"Criteria for Alternatives and Formulation, Although up to
40Q comnerc~al fishing boats may be seasonal7y operating in
rtorthern Inlet waters, recent Federal and State improvements
to the mouth of Kasilof River 10 miles a~ray will provide refuge
for more than 250 boats. 7herefore, space requirements at
Kenai have been reduced to 150 craft equivalents. Based on
moorage at 20 boats per acre, including allowance for entrance
and maneuvering, a total basic size of 10 acres will be required.
This is one of the direct statements the Cortsnission is having to
deal with and the Commfssion requested a recor~nendation from
Lt. Spooner after an inspectfon as to whether or not the mouth
of the river can accomnodate 250 boats.
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It appears that the Comnission is facing almost insurmountable
odds againist this sttuation, and it was a consensus of opinion
from visiting other ports and meetings with different Federal
and State agencies that brought facts to the attention of the
Commission, that Kenai should already have a Boat Harbor with
the number of vessels that Kenai has when compared to some of
the other sites getting grant monies. The Commission is trying
to get all the facts together and would appreciate very much
a recommendation from Lt. Spooner after he has visited the
area .
Lt. Spooner reported that he would look at the s~tuatjon when
he visited the area and would try and find out what the Federal
and State improvements were.
The Corr~nission thanked Lt. Spooner for attending the meeting
and explaining his capacity with the Coast Guard.
COMMUNICATIONS: Communications were received from;
Governor Hammond - Ref: Kenai Harbor Commission
Congressman Young - Ref: Kenai Harbor Commission
Senator Gravel - Ref:Kenai Harbor Commission
Senator Stevens - Ref:Kenai Harbar Co~nission
Mr. Gary K. Daily - News Release Harbormasters Meeting
Mayor Vince 0'Reilly - Meettng December 20th with Legislators
Mayor Vince 0`Reilly - Letter to Don Statter 11-19-79
Information regarding meeting with Mr. Len McLean-Pacific Alaska
~~ REPOR7S: Canmissioner Peterkin reported that Mr. Ike D. Waits, Planner
"~ for the Borough has submitted a written report which was includec
.~_ ~-- in everyone's material,-with attention being placed on excerpts
~,; in his letter to ~Ir. Charles Bigelow, Project Manager, for
-- ; Woodward/Clyde Consultants, which directly affect Kenai.
~' ~; Commissioner Peterkin reported that Mr. Waits, had informed him
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NARBOR COMMISSION MEETING
December 11, 1979
page 5
n
T _ ~~- . . 'r ~S - _ t _~ ~~_~~
REPORTS (Cont'd}: that if Woodward/Clyde were back in the area for any more
meetings the Commission would be invited to attend and give
any input they might have at that time.
COMMISSIONER TEPP Commissioner Tepp reported on his visit to Cordova;
CORDOVA: Ne met with the Harbormaster, and he is also serves on the
Harbor Commission. He provided information on when they
started working on their expansion which was in 1975 - or 1976.
Preliminary plans with the Corps of Engineers first. 7he
contact person that they got along with best was, Car] Borash,
Cheif of Port Section, Planning Grant's, phone number 752-3422.
The funds for planning and designing, Don Statter, Division of
Harbors & Water. They did their planning through Harold
Galliett. For their dredging & breakwater,they got anather
breakwater coming in and got a dredge out there and the water
is shallow. They got the Corps of Engineers to do that and
they will do this under Chapter #707 (2 Million Cap).
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What they dredge out the City has to provide a place to put
the dredged out material. What they did on the first harbor,
they built a pad out into the water and now have their Harbor
Business Park on the pad. They will do the same with the new one.
Commissioner Tepp reported that he had taken pictures which
y were not developed yet.
When Cordova started their project tn 1975-76, they had a
Harbormaster who wasn't effective. Their v~alkways were
broken and not repaired. They now have a new Harbormaster
and things are going smoothly, their facilities are in qood
repair and there is better relatfQnship with the Corps of
Engineers.
In talking with the Harbormaster and inquiring on ho~r Cordova
got started, they met with the State Representatives, and the
Representatives from Cordova braught the Governar down to look
the situation over. They recieved good backing from the
State Representatives, on the Federal level in Washington they
received very little help.
On the ~nformation concerning who they dealt with on the $600,000
Commissioner Tepp reported that he will ca11 and get the
~nformation and also what agencies they dealt with. Ne will
also inquire as to the silt back f~ll formula that they expect
in that area. Their tides are small and they have rip-rap
covering on the fi11. The City owns the dock and they run it.
There are no canneries right tn the boat harbor, they are on the
outer basin, the Industrial Park, the boats deliver right to the
cannery and then come on around. It appears that there is no
~ silt in the water and they have small tides.
When the Corps af Engineers evaluate your plan, they invest so
much maney, the harbor has to get a percentage of return of
NARBOR COMMISSION MEETING
~, December 11, 1979
page 6
REPORTS that money before they will accept the plan. Say they
COMMISSIONER TEPP invest 10 Million, then you will expect a return of 1 Million,
CORDOUA (Cont'd): the Corps of Engineers expect 33~ return, t~en if this isn't
possible they won't approve the pro3ect. The City must get
a certain percent of return for the investment that is put into
the harbor. That is the ~ of how much the harbor is used for
the amount spent.
In the 1976 report it was indicated that the return for Kenai
would be $60.00 per boat per season, which was the return
factor of the Carps of Engineers spending 10 Million. The
whole return factor was $24,000 worth of value for the harbor.
They have a per-capita on the percentage of boats that wi]i
break loose, percentage of boats that will burn, etc., and
they feed this into a formula and the formu7a for Kenai was
400 boats and it came out to $24,000 and this was ridiculous.
Commissioner Tepp will report back with the names, addresses,
and phone numbers of those persons and agencies that Cordova
worked with.
~ RECESS: At 8:15 m. b
p. y general consent, a recess was called.
~
RE-CONVENE At 8:35 p.m. by general consent, the Harbor Commission
re-convened in regular session.
MINI GRANT: On the $5,000 m~ni grant for a survey done on site proposals
for a small boat harba~- as requested from City Councii, the
Council felt that a mini grant of that type really would not
have the desired effect which they wished to have sufficient
material in hand for the State Legislators for thts particular
legislative session. There was comment that the Harbor & Dock
facility that had been studied~previously, and there were ample
maps available through the Corps of Eng~neers study, the request
for the mini grant was denied.
~ STATE HARBOR Mayor 0'Rei11y reported that the Council & members af the
DEVELOPMENT Kenai Chamber of Commerce would be meeting with the Legislators
~ FUNOS: on December 20th, and wiTl be presenting them with a]ist of
pro3ects which we wou7d like to see funded by State Sources
~ this legislative session. You have to understand the principal
criteria that the Government and Administration has set up for
~ Capitai Improvements prajects are those that are of a long
f term job creating nature, so a list which totals 9.5 Million
is aimed at those types of facilities that would create 7ong
~ term 3obs. In the 9.5 t~1~11ion figure there is 1.8 Million
!- for pock & Harbor Facilitfes and this would include planning
i~ and engineering & design for what ever is necessary to correct
' the bluff erosion problem. Mayor 0'Reilly further reported
' that the City had been unsucessful in finding any funding
; source for the bluff erosion problem. In this ].8 Million
_ _ . _ _ ___ _ ___ -.-~5.. _ __ -~ .. ._ _.__- ._ _ _ . . -- r v- ~- ~~ _ _ . ` _ ~ _, _ ~~,_y~
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STATE HARBOR some 400,000 will be far the planning, engineering and
DEVELOPMENT FUNDS: designing for the Port & Narbor, and that the 1.8 Million
would be combined with the $600,000 dollars in Bond Money
still presently available and that would be 2.4 Miilion for
a tota] for Ports & Harbors & des°yn Engineering.
ATso being requested is 3.5 Million for Cor~nercial &
Industrial Road Coilector System including Water & Sewer,
this would run between Beaver Loop and the river and would
serve as an industrial road, possibly would need to buy
some rights in the area. Thase are the two ma3or requests
that we will be making from the State Legislature. We fee7
the request5 are realistic and are of a 3oh creating nature.
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~ HARBQR COMMISSION MEETING
~ Oecember 11, 1979
' page 7
There was general discussion on Law 85 and 86. The Woodward/
Clyde study and the required feasiblility study before the
City cou7d apply for the $600,000.
Mr. Ambarian reported that at the ttme of the study, there
was a possibility of a private deve7opment atong the river,
~ and for some reason Woodward/C7yde felt they would back out
ar-d the only way they would address a study developed on
~~~ what would be sponsored by the Borough. They were re-directed
to re-study a section on the Kenai River. Also he had attended
a meeting in Seattle on December lOth., with Mayor Gilman,
Jim Arness, Woodward/Clyde, & Crowley Marine, and study or
no study it has been pointed out there is a need, Crowley
is Taoking at other areas now to bring freight to the Kenai
Area. Mr. Ambarian further commented that he is on the
Public Works Committee and they would like to cooperate with
with the Harbor Commission which is very active, perhaps the
Commission could benefit from the staff the Borough has.
The Borough Assemb7y now has some indication that Homer &
Seward want to be left alone, as they are doing well by
themselves, and Mr. Ambarian`s position was that if Kenai
or North Kenai could benefit from some of the efforts the
Borough is putting forth then we should go ahead.
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TRAC7 A: There was general discussion on Tract A, and Comnissioner
Peterkin reyuested the Acting City Manager to go back and
dig ou~ the amount of money ti~e City actually spent on that,
and this item will be set aside until we can get our research
updated.
Corrmissioner Williams pointed out that the request for funds
based on Tract A is hinged on whether or not the City has
spent the first $lQQ,000 properly and whether or nut that
work was carried out. He further commented that the more
study he makes of the information, there seems to be some
ma~or missing gaps between the previous Harbor Caianission
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~ ~ HARBOR COMMISSION MEEfING
^ December 11, I979
, page 8
TRACT A and the present Cormnission, and the tremendous amount of
(Cont'd): foliow-up work that was not done. Commissioner Wi]liams
comnented on correspondence from Deborah Daisey to
Sharon Long Public Information Officer in which Deborah
Daisey states " perhaps they are grasping at straws",
meaning the Harbor Commission fs grasping at straws, again
a negative approach to a positive subject is fal]ing right
into the negative trap these studies here have been, it's
time to do something very positive toward this if we expect
to build any kind of Harbor or want any kind of Harbor.
What is needed is a good honest study to determine if the
need can be filled. What is needed is a good study looking
at the over all picture not such a one sided slant.
( SMALL BOAT Comnissioner Peterkin cortmented that perhaps the Comnission
HARBOR: can direct some ideas to Mr. Ambarian since the Borough is
~ spending money for the Woodward/Clyde Report, and he will
be more in contact with them than the Commission, and the
Borough wants to work with the Caimissfon, so the Commission
' should direct their attention to possibly getting an un-
r-, biased study for the mouth of the river.
`'~ Mr. Ambarian suggested a meeting with his Committee and
the Commission. He reported that Jim Arness and Stan Long
were on this Cortmittee. He felt that this would open the
I lines of communicat~on.
Cortonissioner Cane commented that he felt that if the Commission
;}; waits too long on some kind of cooperation with the Borough
~~- another year will slip by, and there already have been 15
~ years that have gone by already.
It was Commissioner Cone~s theory that if the City has any
avai7able money at a11, and get some sort of study started
and get an engineer working on it. Create interest and
get it moving. The Legislature is ready to listen and to
meet, and the money is available if we can get on the
right track, some way we are missing out. Now is the time
the City is going to have to do something if we are ever
going to have a harbor. If we could get something going
then I think we might work through the Borough and work
together. This 3ust keeps going on, I know the Council
is reluctant to put money into a feasibility study, but
if we depend on someone else to fo our feasibility
study they are going to wind up like that always.
~
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HARBOR COMMISSION MEETING
December 11, 1979
page 9
SMALL BOAT HARBOR Comnissioner Peterkin reported on correspondence
General Discussion received from Senator Gravel about $300 MilTion
cont'd: in Harbor Bonds. A preliminary list of sites where
.harbor expansion or construction is needed or under-
way includes Metlakatla, Hoonah, Kake, Juneau in
Southeast and Cordova, Nomer, Ninilchik, Kenai,
Anchorage, Dillingham, Naknek, Bethel, Unalakeet,
Yukon Delta, Nome, TelTer, Selawik, Kotzebue, St.
Paul Island, and Shismareff.
~~
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~
The Commission has sat here during this surmier and
early winter and have attended meetings in Seward
with other people, 92-93 million of this money has
already been used up and allocated. They are spending
millions of do7lars in towns with boat population,
people population, canneries smaller than Kenai, artd
there is no comparison with the City of Kenai. I believe
this is first and foremost of what is gaing through the
minds of the Comnission. If the Commission slows down
at all that $300 MilTion wiil be gone, the City of Kenai
will sit here without a Smal] Boat Harbor. The
Comnission feels that they must push forward without
any delay, with just the strength of the City and the
available dollars to get this Small Boat Harbor and the
timing is now.
Comnissioner Williams cortonented that Don Statters office
and the Department of Transportation is putting in for
$93 Million dollars for various things all over the State
for harbors ar,d thEre isn't any mention of Kenai, Kenai's
name is not even on the Iist. It's primarily because
Kenai has sat here for so long and haven't even bothered to
ask anyone for money. To reiterate we have villages with
250 people out there who are going for $3.5 to 4.0 Million
to construct Boat Harbors, and we have maps here showing
Boat Harbors, Qusai Docking Facilities, and foot paths out
across the swamps where they are spending miilians of
dolTars to take care of these people that absolutely make
what Kenai is asking for look like a house. The time has
come to move, this year the cry is Boat Harbors, the money
is going for Boat Harbors and if Kenai Doesn't get it's
share the money is gone forever.
Commissioner Wagoner commented the place to start on this, is
looking at what has happened in the City of Kenai for the
last 4 or 5 years and the initiative we have taken, we have
$650,000 sitting there for that long and bonds have been
sold, the mon~y is just setting there in Juneau. The
amount keeps getting smaller because of inflation, and it
keeps getting ]ess a~d less. Before we get any more money
we must show sorr,e initiative from the City of Kenai's stand-
point that they want to spend the $650,000 before anybody
%
HARBOR COMMISSION MEETING
~ DECEMBER 11, 1979
~"\ page 10
SMALL BOAT HAR80R will go in after any more for us, because they will say
General Oiscussion you have had $650,OOQ since 1974 and you have never spent
Cont'd: that, why should we go after $5.0 Million when you can't
spend $650,000. That`s the attitude I wouTd take if I were
in Juneau looking at a request for funds. If we don't
~have any money to do any feasibility study to get started
on the $650,000, I don't think we have much chance to ask
for $2.5 to 3.0 Million to do other things for Ports &
Narbors.
.
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Commissioner Peterkin suggested that the Comnission has a
choice, they can sit and wait and work with the Borough,
we are not going to get any money because this law is still
in effect. The City of Kenai is not going to get any more
money for Boat Harbors until they can come up with a
feasibi7ity study that wi11 be acceptable, now the Corps
of Engineers is one avenue we could go back to. The
Corps of Engineers with Colonel Nunn at the same point in
time we have the Borough and they are expending monies on
the Woodward/Clyde study, and we are looking at about January
15th before we have a preliminary report. So it's kind of
.- laid out, the Cortunission will need to decide on what direction
_~ to go.
Mr. Ed Ambarian suggested that there is some help with
the Borough that could be explored.
Cortmissioner Peterkin corrQnented that the Woodward/Clyde
Study is not a feasibility study as such, it is a study
which tells the cor~nunity whether or not they need a
feasibility study. Cortmissioner Peterkin wondered if
the Commission waited for that report would that report
benefit the Commission?
T ~+. ' _~ ,~ `rt _ \ . ~.-- ~• T. i~~- ~
Mr. Ed Ambarjan commented the report does not identify.
Further cortgnent on the Woodward/Clyde Study indicated that
if it went in favor of the City of Kenai with the response
of the rest of the Borough, it might very well be an
effective means to re-present to the Corps of Engineers
for backing this need because they speak of a feasibility
study and actuaily the Woodward/Clyde is not a feasibi]ity
stuay.
Commissioner Tepp inquired as to what the Borough would
have to do with the Narbor Commission and who would own
the land and who would run the harbor.
-J Mr. Ed Ambarian indicated that most harbors started in
Alaska had been started with municipal backing and the
Borough has a tax base to work with.
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HARBOR COMMISSION MEETING
~ December 11, 1979
page 1 ]
~ SMALL BOAT HARBOR Commissioner Witliams suggested that ~He Commission
~ General Discussion
' could issue a formal statement to Mayor 0'Rei1ly
~ Cont
d: and the City Administration advising them that the
Commission is in favor of their making a request
'for funds as to be outlined to our legislator's so
they will have a definite definitive list of things
~ to go down there and ask for. The meeting with the
' legislator's wil] take pl~r.P on Oecember 20th, and
~ then the Woodward/Ciyde Report will be available
about January 15th., and if the Woodward/C1yde Report
is more positive in it's approach, the CorrQnission ~
cou2d forward this material to the 7eqislator's as
~ back up material in thejr request for funds. By doing
this the Comnission will have covered both bases, if
_
~ ,
indeed the Woodward/Clyde Report comes about we have " ~
~ delivered to our legislator's our request's and then
- ; we will foilow it up with backup material to support .
~ it. Now if we are unabTe to obtain a favorable comment
; from Woodward/Clyde we have lost nothing in the request
' i for funds, and ta proceed along these lines and hope -
~
~ for the best.
~ °-~ Mayor 0'Reilly comnented that he had the opportunity to
~
!; _
to talk with Phil Hubbard with the Alaska Reneaiable '
'~ Resource on Mr. Roper and Renewable Resource has contracted
with Dave Derry in Homer to do a feasibility report on
Mr. Roper`s property and Hubbard went on ta say that the ~
. feasibility repor~: vlould be available in general to anybody '
; and Woodward/Clyde at best will not come down to a feasibility ,
report. •
;, Co~nissioner Peterkin commented that the Commission is going
'~ to need the Corps of Engineers and their funds, and would be ~
i. in favor of hearing some discussion on an application to the
~ Corps of Engineers for anather go-round under the new
- '• ~ administration of Colonel Nunn. At the same time the
'~
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> finalization of the Woodward/Clyde project should be at
.
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least an indication of where they are headinq, perhaps
~ ~ the report from Alaska Rene4~abie Resource on Roper will be
- ; done within the same time frame. However, the Cormnission
~ must include the Corps of Engineers, there is no other way,
~ ; and the Commission must move in a coordinated direction so
; i that everything will fa11 inLo line. Further we must have
t` ~ some safeties while we move in that direction, at the same
~1~ ' time he did not war-t to infer that he was against a work
i~ session"with Mr. Ambarian and his committee.
~ ~,,~ Comnissioner Tepp commented that the Commission could ride
, the fence or go ahead with preliminary planning and go to
__ _ the Corps of Engineers to see if this would be possible
and whiie the Commission is doing this surely by then a
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HARBOR COl+1MISSION MEETING
December 11, 1919
page ]2
SMALL BOAT HARBOR
General Discussion
Cont'd:
~ T '+~ ' ° ~ "t
report would be forthcomming on Mr. Roper's project.
Commisstoner Peterkin reported that Don Statter serves
.as sort of liaison between everyone, and is very know-
iedgeable and at the last meeting Mayor 0'Reiily indicated
he would like the go-ahead from the Cortmission to contact
Oon Statter and from all indications it would be a proper
time to meet and exchange tdeas. Does the Cortmission
still wish to do this.
GeneraT discussion followed on different ideas, possible ~
update on the 1976 Corps of Engineers Report, or material
which would inspire the interest of Colonel Nunn so that
he would understand that the statements aren't all true.
Further comment revealed that the Cortmission cannot
obtain money for a feasibility study to give Colonel Nunn
any facts or any reasan to get him to come back here.
Whi1e this is true at this point, it seemed to be the
consensus of the CortQnission to request the City Administration
to request these funds on Oecember 20th to be foilowed up
by the Woodward/Clyde Study on January 15th as support.
Also, if the Commission were to get the monies, than they
would have $400,000 to do the study and engineering.
Meanwhile in cooperating with the Borough on that study,
with Derry on his report and with the 400,000 the Commission
would have something tangible to go to the Corps of Engineers
with. It was also reported that between this period of time
perhaps a private entrepreneur might have a project put
together. Other comnents were that Colonel Nunn had only
been in Alaska a short time, and the monies have only been
available for these projects a short period of time, and
projects had been processed faster. ,
It was generally agreed that an invitation to Colonel Nunn
suggesting a meeting with him would be helpfu] for reassessing
the feasibility of a Sma11 Boat Harbor.
Mayor 0'Reilly infonred the Commission that to his knowledge
a written reply had never been made addressing the Corps of
Engineers Report by the City of Kenai or anyone else.
INVITATION TO Commissioner Wagoner moved; that the Harbor Commission write
COLONEL LEE NUNN Colonei Lee Nunn a letter explaintng the history of the K~enai
ACTION: Harbor Comnission past and present, and rebutting some of the
information in layman terms as contained in the report, "tenai
Harbor, Feasibility Report, Small Boat Harbor & Deep Draf-t
Navjgation Improvement, dated, 1 February 197b, by the Corps
of Engineers," and tell him the Commission is interested in
future Port Development in the Kenai River, and also expr~ssing
the wishes of the Commission to meet with him on January 3,
1980, or at his convenience.
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HARBOR COMMISSION MEETING
~~ Oecember 11, 7979
page 13
INVITATION TO
COLONEL LEE NUNN
ACTION (Cont`d):
APPOINTMENT OF
COMMITTEE CHAIRMAN
AND SUB-CHAIRMAN~
REQ!lESTING
ADDITIDNAL FUNDS:
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Commissioner Williams seconded, ro71 call vote,
motion carried unanimously.
Commissioner Peterkin appointed Comnissioner Wagoner
as Committee Chairman, and CorrQr-issioner Acherly
as Sub-Chairman on the presentation project for
Colonel Nunn's visit on January 8, 1980.
There was general discussion by the Co~missian ta
request additional funds and follow this up with
the report on meeting with Colonel Nunn and with
the Borough.
Mayor 0'Rei71y reported that he had met with Charles
Brown and Keith Kornelis the run down on project and
funding requested was:
Dock & Harbor Facilities ............ $1,800,000
Planning & Engineering for
Facilities & Bluff Erosion
Air Freight Terminal &
Warehouse .............................1,200,000
Commercial & Industrial
Road Collector System
Including Water & Sewer ............... 3,500,000
Ramp improvement & Water
Sewer-Facilities to Provide
B.L.M. Fire Fighting
Facility ............................ 300,000
Airport Terminal Renovation &
Enlargement ........................... 1,500,000
Float Plane Basin Facilities.......... 800,000
City Hall Portion to Provide
Area-Wide Facilities .................. 400.000
Total: ... $9,500,000
There was discussion concerning Chapter #85, an ACT
Providing for state assistance in the construction of
port facilities, and providing for an effective date.
Sec.3U.30.010. State Grants for Port Facilities
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HARBOR COMMISSION MEETING
December 11, 1979
page 14
. -~-- - -- ---.- . ------ ---:•- --~
REQUESTING ADOITIONAL Construction. To the extent funds are appropriated by
FUNOS (Cont'd): the legislature, or from the proceeds from the sale of
bonds, the state may make grants to municipaltties to
finance a portion of the cost of constructing local,
~regional or state port fac~Tities. The state shall
participate only in those pro3ects approved by the
governor on recommendation of the cortmissioner of
public works.
Sec. 30.30.020. Creteria for Establishing Elgibility.
(a) Before a grant may be awarded under thts chapter,
the canmisstoner of public works sha11 determine that;
Chapter #86, an ACT praviding for the issuance of general
obligation bonds in the amount of $22,500,000 for the
purpose of paying the cost of port facilities development
projects; and providing for an effective date.
Continuing in general discussion it was determined that
any money Mayor•. 0'Rei1ly was asking for wouid have to
come under the same law as the $650,000, futher, if the
City Council doesn't want to give the Commission money
for a feasibility study or if the Cormnission carit put one
together from a11 the different reports it would appear
that the CorrQnission is spinning it`s wheels. The Comnission
was re-activated and requested to do their job, yet the
Council, and rightly so,may approve or disapprove funds
for a feasibtiity study. Yet without this it appears that
the Commission can do nothing regarding a Small Boat Harbor.
Mayor 0'Reilly corrmented on the reluctance of pasL & present
Councils of total invoivement, however, it is obvious the
Commission is doing it's work and can identify where the
problems are and it comes down to it, it has to have on
record somewhere a feasibility report, keeping in mind .
the feasjbility report being done by Oave Derry at Homer.
~: ---~
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~ HARBOR COMMISSIQN MEETING
--~ Oecember 11, 1979
page 15
REQUESTING ADDITIONAL General discussion continued on rrays and means of
FUNOS (Cont'd): proceeding to obtain funding for a Small Boat Harbor.
Comnissioner tililliams pointed out that the Commission
is being asked in every level of the State Bureaucracy
for a list of pro~ects to be funded this Iegislature
and he recommended that the Commission ask for $1.8
miT]ion, also ask them Oecember 20, and to be aware
of the fact that the Comnission is avlare of Lavr 85 &
86 af the 1974 Legistature as established. A1so to be
aware of the fact the Comnission rlill have in their
hands viithin the next few days the report from Oerry
in Homer, the report from Woodward/Clyde in the Borough
and recomnendations from the Corps of Engineers, that
the Conmission is not now able to furnish, sometime
after January 8th. He suggested the Comnission act now
and follow it up w~th paper v~ork later.
Cortmissioner blagoner also brought to the attention of
•' the Cortmission that the legislature reconvenes the 14th
~ _, af January and it vrill probably be a longer session than
last year and if the Commmissfon dfd not prepare their
--f delegation before they leave, when they get down to
~ Juneau, v~e sort of lose contact to a certain degree &
they have to make request for funds quick because the
bush areas won't hold off for law 85 & 86. It was his
concensus that the Commission should go ahead and try,
. and suggested a$10.8 Million figure.
~ General discussion ensued concerning labor cost, cost of
livinq increases, cost of inflation now, that perhaps
a$12.0 Million figure v~ould be more realist~c.
.:.~ ..
On the Corps of Engineers report they speak of dredging
a 12,800 foot run .straight off the mouth of the river
with a 60 foot rock ~etty beside it, they want ta put
~~ a 12,000 foot ~etty straight off the mouth of the river
;; ~ off the East bank 60 foot ta11 & this wfll stick out of
;. ` the water 15-18 feet, then cut a channel right out of
the mouth of the river. There was concern about re-dredging
' and the silt inffltration coming out of the river and their
biggest hang-up was digging because of the silt pouring
"~~~ back in, and the Corps of Engineers are strictly a~orried
, ,~ about siltation.
. . ~~. ,~
_~ ~I _ Commissioner Peterkin recommended the Commission m~~et with
Mr. Ambartan's Committee (Mr. Long, and Mr. Arnessj because
-~;, .~ the bloodvrard/Clyde repart could be a vital part of our
l negotiations with the Corps of Engineers.
1
' Jim Nendricks from the Borough reported that the Woodvrard/
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HARBOR COMMISSION MEETING
December il, 1919
page 16
REQUESTIONG AUDI1'IONAL Clyde study was being done to determine if the Barough
FUNOS (Cont'd): should get involved at all with the Port & Harbor. There
is enough freight and shipping to 3ustify a need for a
Port & Harbor.
ACTION: Comnissioner Williams moved to; direct the City Mayor
to advise the City Council that it ~s the desire of
the Harbor Commission to seek funds in the amount of
$3.9 t4illion to $12.5 Million for the purpose of
butlding and constructing a complete Sma11 Boat Harbor
in the Kenai River the size of which is to be determined
by yet to be produced feasibiltty studies, and advising
the City Council that these figures have been taken
directly from the Corps of Engineers Report with an
inflationary factor added for the four (4) years since
the report. Cortmissianer Ackerly seconded, roll call
vote, motton carried unanimously.
PACIFIC ALASKA: Mayor 0'Rei11y reported that he had been tn contact with
Len McLean of Pacific Alaska, and that he is bringinq
representatives from Los Angeles for the January 22nd
meeting. Mayor 0'Reilly questioned the time frame schedule
relating to the things the Harbor Commission is workfng on.
Pacific Alaska indicated there were three options;
{1) Using the Crowley Dock, bringing the modules out on
the road in front of the Union Oil Plant.
(2) Using the present facilities for the module loading
dock.
(3) Some type module unioading dock 7/8 to a mile to the
South of the present facility.
Mayor 0'Reiliy further commented that in looking at Pacific
Alaska in abstract tryjng to determine if we should do it
ourselves or ~ointly with the Borough, or port and harbor
district,that type work has to be done fn the abstract
looking at the problems from different views so that when
Pacific Alaska is ready to move their tfine schedule we are
prepared to answer, would you go with the creation of a
port and harbor disLrict for instance in the Kenai-North
Kenai area, etc.
General discussion followed concerning;
Intering into a quasi partnership with North Kenai for
development of a large dock facil~ty in the general North
Kenai area that would benefit Kenai as well as North Kenai,
as Kenai is the service center for North Kenai.
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HARBOR COMMISSION MEETING
~ December 11, 1979
page 17
PACIFIC ALASKA
(Cont'd):
MEETING DATE FOR
COMMITTEE ON
AIRPORT LANDS:
NEXT REGULAR
SCHEDULED
MEETING DATE:
AOJOURN:
In cooperation with Pacific Alaska the City of Kenai
would benefit by revenues. There is a$45.0 Million
expansion at Tesoro, possibility of a gas liquid line
to Kenai, a Petro-Chemical Plant and more freight and
these kind of things to consider.
Mayor 0'Reilly reported that a meeting date will be
set for the first meeting for the Cortmittee on Airport
Lands and thereafter the Comnittee wou]d set the dates
and carry on from there. Those serving on the Committee
are: Counci]woman Betty Glick
Councilman Edward Ambarian
Harbor Cor~nfssioner 4lilliam 8urnett
Harbor Cononissioner Bob Tepp
The next regular scheduled meeting date is January 8, 1980,
at the Public Safety Building, at 7:00 p.m.
At 11:00 p.m. by unanimous consent the meeting vras
ad3ourned.
Respectfully submitted,
Lenore E. Jones
Administrative Assistant
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Ordinances 336-77, 336-?7 (A), 364-77, 385-78, 414-78,
440-?8, 458-78, 482-?9, 503-79, 513-?9.
Regarding personnel policies .
To the best of my knowledge, these are the personnel regulations
currently in use by the City of Kenai.
1Z.~...
Jan SVhelan
Citq Clerk
1-2-80
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T0: ~ Janet Whelan
City Clerk ~
City of Kenai
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FROM: Van B. Swan ,
,
SUBJECT: Appeal to Personnel Board
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DATE: December 28, 1979 -~ ~
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This is a request for a hearing before the Personnel Board ~ . :_
in accordance with the Code of the City of Kenai (codified j
. , . i
1979, pp 1-15, paraqraph 1.60.070).~ At the time of my ~
1
' termination, I was not told of my right of appeal to this .
board; or, for that matter, no one mentioned the existence
of a Personnel Board. " ' ~
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~ Thank you very much. ,
a ~ 1
i Van B. Swan . ,
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CITY OF KENAI
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P. O. BOX 5C0 KENAI, AIASKA 99it 1
TFIEPHONE 483 • 7535
December 31, 1979 „
Mr. Van B. Swan
P. 0. Box 3932
Kenai, Alaska 99611
Dear Mr. Swan:
The receipt by the C~ty of Kenai of your request for a hear~ng
before the Personne] Board is acknowledged.
You were dismissed from City service at 4:30 p.m. on December
14, 1979. Your request for appeal was received by the City on
Oecember 31, t979. Section 1.60.070. 2. of the City Code states that
" The appeal must be filed with the Secretary of the Board or with
the City Clerk for transmittal to the Board within 10 (ten) days
after receipt of notice of the layoff, suspension,•..........."
~ Since your request for a hear~ng was not filed within 10 (ten)
days after receipt by you of notice of termination, you have forfeited
. any right to such a hearing. '
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Sincerely,
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C. A. Brovm
Acting City Manager
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KENAI PUBLIC VEHICLE CONIN[ISSION
~_ DECEMBEH 12 , 1979 , 9: 00 AM
KEI~AI PUBLIC SAFETY BUII.DING
CHAIRMAN JE33E ZVADE PRESIDWG
PLEDGE OF ALLEGIANCE
I. ROLL CALL ,
Presen~ Jesse Wade, Mary Thornton, Tim tYisniewski, Mayor Vincent
O'Aeilly, Attorney Ben Delahay
Absent; None
2. AGENDA APPAOVAL
Atty . Delahay noted the City Clerk is available for preparfng for the
meeting. The agenda is up to the judgmPnt of the members. He also
explained the commission can call an executive session if the reputation
of the applicants will be damaged. Theq can call for asT~eMal meeting,
but alI decisions must be public .
(4-a) was corrected to read "should not be revoked."
'` Agenda was approved as corrected.
3. Correspondence
None
4. a. Hearfng to ehow cause tvhy the present status of taxi service
certificate of Tri-Cities Transportation, Inc. should not be revoked.
Chairman Wade noted there was no taxi service at this time. FIe called
for anyone representing Tri-City Transportation, Inc. There was no
response. The City Clerk verified a letter was sent to Tri~ity Tr~ns-
portation, Inc. notifying them of the hearing. Chairman tVade suggested
we hold on a decision of (4-s) until later in the meeting.
4. b. Proposals by applicants for service
Q) George Miller
Attorney Ted Carson introduced himself, Geor~e ARiller and IIill Kimps,
accountant. 1!tr. Kimes distributed materinl relatin~ to'~'tr. ~14iller's
proposal. He explained the proposal was based on 1.5 cabs, 1-24 hours
per day. and 1-12 hours per day. The rates are: ~1.4d meter drop and
J $1.00 per mile. He requested a dfscussion be started ref;ardin~! a rate
increase. Chairman ~Vade asked if the projected rate is on the report.
Mr. Kimes said yea, 50$. Based on 250-300 miles per day in Anchorage,
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KE:~Ai FUBLIC VFHICI.E C~~dr4iSSIn~t
DECEAIBER 12 , 1979
Page 2
?5$ would be right for Kenai. The projected rste increase is based on
the fact that there is not a need for more cabs, two at the most, but
there is still the same overhead. To be economically feasible. they must
have a rate increase. They have sug~ested $2.10 flaq drop, $I.60 per
mile. Atty. Delahay asked if Mr. A'Iiller understood that the Commission
does not set rates. Atty. Carson said yes. Atty. Delahay then asked
if the Council does not grant a rate increase, is the applicant ready to
give service. Atty. Carson replied no, the rates have not been increased
since 1974. Inflation and the cost of fuel dictates an increase is required .
Chairman SVade asked what the rate for Anchora~e was. Mr. Kimes re-
plied the same as ours, but we can't rnn as efficiently as A.nchorage,
we can't run as many miles, there are not as many cabs, but there is
the same overhead. Chairman tVAde asked Mr. Kimes if he would be
manager. Mr. Kimes explained no, he has his own accounting service,
but he used to be controller at ~~.'ildwood, snd Mr. Miller asked him to
do a cost study. Chairman Wade ssked if the Commission should direct
their questions to Mr. Kimes. Atty. Carson replied no, probablq to
himself. Atty. Delahaq noted the Commission should ask whomever
can best answer. Chairman ~4ade said with the rate increase, are there
any other stipulations. ~dould it be onlq a cab service? Mr. Kimes replied
yes. Chafrman ~4ade asked if 11Ar. Miller had any prior experience. The
manager is ultimately reponsible for the dependability of the drivers.
Attq. Carson explained Mr. Miller is not immediately ready to start ser-
vice. Meters are required by ordinanee, that should take 30 days. They
are getting all new equipsnent. Chairman tVade asked if he has anq radio
equipment. Atty. Carson replied Southcentral Communications is ready
to go. Chairman «'sde asked if this was his lst experience in this field.
Mr. Miller replied qes. Chairmsin ~Vade asked if he had anq indirect
experience. Mr. Miller said no. He further explained there is no service
in Kenai or Soldotna. The equipment he is getting wf1l be good for 30
mites . He will be retiring soon and would like to start this business .
Chairman tti'ade asked if he would be the only owner, Mr. A'Iiller replied
yes. bir. ~1lisniewski asked if the rate increases were siexible. Mr. Niiller
said in order to be succesaful, he should have good equipment, and he
should be able to "make a buck." In 1fl73 Kenai had 4 cabs, now we have
none. Chairman ~Vade said we want to consider expediency, we want to
get the cab service as soon as possible. Air. v[iller said they will have
deadlines, the ordinance requires painting the cabs and signs on them.
~Ve will need a radio to get it ready. Atty. Delahay reviewed the feasibil-
ity study, he asked what if the cab is wrecked. Mr. Miller replied they
would get another cab - rent or buy . Atty . Delahay asked if they had
investigated the possibility of using the equipment from the present oper-
ator. Mr. r~lfller replied no. Atty, nelahay noted it would be good for
back-up. Mr. Miller explained he would lfke to aet started with new
equipment. The meter equinment is okay, but he would like to ~et new
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KF*JAI PUBLIC VEHICLE CO?~'[MISSIO:~I
DECEn'IBER 12. 1979
Page 3
equipment. He explained he went to his trlbal entity for financing,
their interest is lower, end it helps minorities too. Atty. Carson
said l~ir. P.iiller has shotived his intent and is capable, people are all
aware of his backg:round.
(2) Shiela Paquette
114s. Paquette tvas not present. ('ity Clerk ~Yhelan explaineci that ~-'[s.
Paquette had called her a few days ago and said she had a problem
"outside" and might possibly not msike it to the meeting.
(3) John Jackson
bZr. Jackson said he checked into the communications and meters, he
will use Tri-City equipment. Financing is no trouble, he has 2 businesses
and works for Union Chemical. Mrs. Thornton asked if he had tallced
to Bert's Cab. Mr. Jackson replied no, but phones are available throu~h
Motorola, with calls directly made to the cab. Mr. ~9isniewski asked if
he had a specific ofAce. b'Ir. Jackson replied no, but he has 2 ofSces,
and can use them if needed. Mr. ~visniewski asked about his rsites. Mr.
Jackson said there should be a rate increase. Mr. ~~'isniewski asked if
~. he hsd plsrnned on two vehfeles. Mr. Jackson replied whatever was
.~" necessary. Mr. Wisniewski asked about drivers, btr. Jackson replied
yes, he would hire. Chairman ~Vnde asked if he would be responsible
for the compa~. Mr. Jackson replied yes, but he has a oorporation
and the compan,y cannot go broke. Chairman Wade asked if it was cust-
omary to have a base where the cab charge starts. Atty. Delahey said
the charge starts where the cab picks you up. ~'hairman TVAde said then
the char~e has no bearing on the place the cab is located .^4rs . Thornton
asked who takes charge when Mr. Jackson is at work. Mr. Jssckson scdd
he has partners. Atty. Delahay asked if he was applying a~s a~~or-
ation. Mr. Jackson said he ie applyin~ Rs An individual, but the corp-
oration is called Heat & Frost insulating Company. He explained he has
been in the insulating business five years , he started the TV business
with cash, he will not ~o broke.
(4) June Cissell
hirs. Cissell said she had s cab oompany for 3 years, she hns a base
radio, and 2 car radios . She would start cvith 3 cars, 2 running and
one in repair. She wauld stress honesty and promptness. She will
deal with a dealer in Anchorage. She propose~ 2 station wa~ons and
one sedan. Aefore she had 5 permita. a limo and bus service is needed.
Re~-arding the equinment oY Bert's. none is worth ~nything. T9hen she
hAd the business, the charges were $.SO flng drop and 3.75 per mile.
~~ The flag drop should not be much more than that notv , she sug-~ested
~1.25. She explained why she left the cab busincss before, she couldn't
help what happened. She has 2 available drivers. She also suRgested
the police should check tt}e driv rs. , Sh has man rP~er ~ s
husband would have nothing to c~o wit~ the compat~y,~ie ~~6~I ~~~'epe
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KENAI PUBLIC VEHICI.E COM!tQISSInDI
DECEMBER 12, 1979
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She reiterated her emphasis would be on honesty, fairness and com-
passion for people. Atty. Delahay suggested she submft her refer-
ences to the Commission. Mrs. Cissell said people have wanted her
to get up a petition. we need cabs on the road right away. She said
people stopped catling Bert's cab because it was not available. She
has a I978 station ~vagon available right now , signs and overhead lights
are needed. She would need 2 months to be ready. She does have the
large tanks for gas storage. Mr. ~Visniewski asked her if she had fi-
nancing, she replied yes. r:4r. ~9isniewski asked her why she left the
companq before. Mrs. Cissell replied her husband is an alooholic and
he ran up a debt, the company was clased by the IRS. Mr. Wisniewski
asked where the office would be, she replied in town. Mr, j•lisniewski
asked if she could arrange maintenance with local stations. She replied
with North ftoad Motors, Atty. Delahay asked if a atation wa~on would
be vovered in the ordinance. Chairmsin t4Ade rep]ied he would look into
this. He asked Mrs. Cissell if she had any other business. ~he replied
she had a cosmetic business only. Atty. Delahay asked when she had
the previous cab business. She said 1971 throuph 1973. Chairms~n Wade
asked if she had financ~ng available, she replied yes. He asked her
for a dollar amount to invest fn the service. fihe said it depends on the
office location. She could have the office fn her home, and would need ---
$30.000.
C5) Mich?el Baxter
Mr. Baxter said he would like to have 3 c~bs: 2 4-door sedans, and
I 4-door station wagon. He has had a station wagon in the past, it is
evt~Pntlq okay . He would like to run immediately , the lst one would
be on the road with 24 hour service, the 2nd one would be back-up.
The station wagon would be for airport service and also bsck-up . There
is not enough business to keep 2 cabs going, but there should be a back-
up in case of 2 calls comin~ in. He would have his wife in the business
with him. He had ? years experience in Kodiak. he didn't go broke,
he just wanted to Ieave Kocliuk . He wants his office at the corner of
Overland and Main~ it would be tvarm for waiting. He would have a dis-
patcher. At the present time, he doesn't have the time to build an of~ce,
but he has a small building in the back of the lot that he could use till
Spring. He would definitely need a rate increase, he would like to check
the rate increases, and then go to Council. rhairman ~Vade asked if he
was a resident of KenAi~ he replied yes, since 1972. ~hairman WRde asked
ff he was in business. Iie said he has operated the Rainbow Bar for 3
years. Chairman ~Vade confirmed that he wou2d need one ~veek to be in
service. lt4r. Baxter said he could p~et the lst cAb on the road as soon
the permit ~vas received, within a week. The 2nd cnr woul@ be in 2~veeks.
The 3rd car would be whatever is reasonable. Chairman ~uade asked if
the lst car was ready. ltir. Baxter repliE±d, yes, through Hertz Rentals.
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KENAI PUBLIC VEHICLE rO~i?MSSiON
DECE!4IBEft 12 . I979
Page 5
He explained they have a mfd-size range avnilable. C.hairman WAde
asked s~bout the radio, meier, etc. Mr. l?Axter said they were all avail-
able in Anchorage. Chairmnn tVade asked about financin~-. ~'~r. R~xter
said there was no problem there. Atty. Delahay asked if he felt there
was room for m~re than one cab corr.pany. Mr. Baxter said no, even if
he had more cabs, we would be splitting the business, and he could not
afford that. Atty. Delahsiq asked if he wanted the rates increased. 141r.
Baxter said yes. he wes sure the Council would concur. Otherwise he
would be in the same boat as Bert's.
114rs. Cissell asked the Commission what protection the company would
have from a 2nd cab company coming in with booze, dope, etc. for sale.
Chairman Wade closed the Applicants For Service poMion of the meeting
and opened for public discussion.
5. Public P~rticipation or Comment.
Chairman Wade asked if we should have competition.
~~
Mrs. Cissell said when she came in, there were 2 companies, One did
all the things she had mentioned previousty, does the cab campany have
any protection from thfs problem. Chair. man t1-ade noted this was not
the job of the Commission. Atty. Delahay noted the C.ommission was
responsible only as far as researching the aaplieants to avoid thf4.
Mrs . Cissell said she ~vas not afraid of comnetition , but they should be
protected from this. Pdayor O'Reilly said if the Commission ~,*rants a
certiffcate. they are obli~ated to orotect the certificate. If an appli-
cant reports to the Commission on a problem , they can direct the
Administration to act .
Atty. Carson asked for an opportunity to respond. He stated he had
3 items of discussion:
1. Mr. Miller could go into business right away. The hold-up
would be that they would not have the equipment, because of
the ordinance. There is no procedure in the ordinance for a
waiver. If there tvas. he could start ri~ht aw~y.
2. He ean have an office in Kenai .
3. This wiIl be his only business.
Chairman ~Vade suggested if ihe ordinance was waived to a certain de~ree,
just for the car & radio~ how soon could he be in business. Atty, nelahay said
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KENAI PUBLIC VEHICLF. CUDiPIlISSION
T~Ei.EivIBER I2, I3 i S
Page 6
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the Commission hus no right to wsiiver. Chfeirmnn ~~7ade replied he was
not proposing a waiver ~ he would like to know the time needed , Atty .
Carson replied 24 to 48 hours, maybe. They could rent or lease the equip-
ment, but unless we cun guarantee, we will not make a statement.
Mrs. Cissell said right now she oould pick ug fares at the helioport, but
without insurance.
Mr. Jackson said if he had the company, he would operate behind the
ShefSeld House. Iie also said he vould ~et Bert's equipment.
Chairman ~yade asked if anyone had s~ny knowledge of TrI-City Trans-
portation. b4r. Baxter replied it was listed on record as being owned
by Bert Williamson. He is deceased. as of several month's a~!o. Atty.
Delahay said it was sold two years a~o to Mrs. F.dith Sellers and w'Irs.
Lynn Herrick. Ne set up the oorporation. ~Rrs. Sellers sold to r'[rs.
Herrick, it is not paid up yet, PRrs. Herrick is the sole owner, it is
a corporation. Mr. Baxter replied he was aware of the sale, but the
City records state it is still owned by Rert's.
Chairman ~11ade said if the applications are considered on an as-received
basis, would #1 be the lst consideration? Then if #1 did not meet the qual-
ifications, we would consider #2? Mayor O'Reilly replied if it was spec- ~
ified that this was established for submittal ~ the Commission is within '_~
its rights to do so. However, in a sense of fairness, you may wish to
consider them as a total today .
Atiy. Carson said the City Clerk, the Attorney and the Mayor can attest
Mr. Miller's application ~vss IIled same time ago to serve the City . He
would like to have the Commission consider them the prime mavers.
Chafrraan ~9ade conceded the date of application showed initiative.
There was a short recess for the Commission t~ discuss procedures.
Atty. Delahay said Mrs. Cissell has some references. He su~ested
the City Clerk make copies of them for n7rs . Cissell's ~le and return
the originals to her.
Chairman ~Vade said the Commission weuld take each a~plicetion ~d
make a brief evalurttion. They would discuss and then issue the
certi~cate today .
a. Revoking of Tri-Cities Transportation, Inc. Certificate.
Chairman ZYade said he could show no reason why it should not be
revoked.
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KENAI PUIILIC VEHICLE COMP/fISSION
DECEhiBER 12, 1979
Page 7
MOTION:
Commissioner Thornton moved, seconded by rommissioner Niisniewski,
to revoke the certi~cate of Tri-Cities Trensportation, Inc.
Motion passed by voice vote.
6. Action by Commission
Evaluation of Applicants:
(1) George Miller
Chairman Wade listed -
a. Flis applfcation was most detailed.
b. He was the lst applicant.
c. He has held a responsible position.
d. He has established rate costs as viable.
e. There are no hindrances why it shauld not be considered.
Discussion -
Mr. Wisniewski noted:
s. He had no conflict of interest.
b. He did show an interest right away.
c. There was no reason not to consider.
Mrs . Thornton agreed .
Chairman tA~ade said with the criteria that the ~'~uncil ~vill set rates, he
sa~v no problem. Also, with the location of the office in t{enai, he would
have no problem.
(2) Shiela Paquette
Since she was not here, her application cvas not considered.
(3) John Jackson
Chairmun Wade listed -
a. He cttn start right awuy.
b. His business is centralized for service.
c. He can use existing equipment, if desirable.
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KENAI PUIILIC VEHICLE COD't!VtISSION
DECElt'lBER 12, 1979 ~
Page 8 '
Mr. tYisniewski agreed.
Mrs. Thornton notetl he has the ~nancial capability, and he shows
good management.
(4) June Cissell
Chairman ~Yade listed:
a. 3he has good background in cab service
b. She has unquestionAble qualities. -
c. The finances mi~ht be a problem, but she indicated she has
no problem .
d. Her references are very positive.
e. She has a depth of experience in Kenai that is different than
the other applicants.
Mr. Wisnfewski listed:
a. Her experience is important ;
b. But she is not sure of her rates. ~~ ;
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Mrs. Thornton said she shows a willingness to operate, she wouldn't
be led "down the garden path" to ruin.
(5) Mike Baxter
Chairman j9ade listed:
a. He has a good background in business
b. He has a background in taxi service.
c. He can start immediately.
d. But the application is later.
e. There is a concern that the bar business mi~ht not be all-en-
hancing to general public use. Chairman Wade emphasized
this was not personal, just a~eneral concern.
Mr. Wisniewski said there wns no conflict of interest in the bar business.
He was fn the taxi business first.
Mrs. Th~rnton had no objection to the opinions.
Chairman Wade said he was personally concerned with immediacy of
service for the holiday season. Fiowever, ff service ~iven before
Christmas would be used from the ~revf~us company ~ he cannot apnly ~
to that. l~~r. ~ti~isniewski and Mrs. Thornton ooncurred. Mrs. Thornton
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KENAI PUBLIC VEHICLE C0~71t~SISSION
DECE?YiBEft I2. 19?9
Page 9
noted they should take their time to g~et ~~od eauipment.
Atty . Delahay said he reslized he was in dan~er of "throwing a
monkey wrench" into the applieations, but he sug~ested the Commiss-
ion should check ~nto the background of the applicants Rnd have a
police check. Chairman K'ade asked if he was su~;esting a short meet-
ing when the answers are received. Atty. nelahay su~;gested the Comm-
fssion check with the police and see how long it would take. Chairman
~9ade asked if they could issue the certificate before the check was com-
plete. Atty. Delahay said there was no requirementin the ordinance
except for drivers. He felt it cvas advisable to hav~ a background check.
Atty. Carson suggested ~iving a tentative award subject to the police
check. Atty. Delahay said a tentative award wauld not get an auto.
Chairman Wade suggested the Commission require a police check before
the certificate is given. The Commissioners agreed. Chairman jYade
said he will call a meeting, the Commission would evaluate the results
and vote on certification to be issued at that time. Atty. Delahay su~gested
the Commission adjourn to a specific time.
MOTION:
Commissioner ~Visniewski moved, seconded by ComMissioner Thornton,
to recess until Friday , December 14. 1979 at 9: 00 AM to await a police
check on the applicants and vote on issuance of certificate.
Motion passed by voice vote.
Mrs. Cissell noted she has meters and can use them.
Atty~ Carson noted that one applicant was a corporation, will the
Commission check on all stockholders. Atty. nelah~y said yes.
Meeting stood in recess at ll: 00 AM
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J et Whelan, City Clerk
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KF.YAI PUBLIC YF.}SiCGE CO~i~tlSSln`i
Itt the ~Iatter o[ the Revocation )
of Certit{cate of Pub~ic Convenience )
, and Necess{ty )
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~ af )
TrI-City Transportation. Inc.. )
i '
! dba Bert's Cab )
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No. 75-2
1 ORnER ,
{ An Order W Show Cause in the above-captioned matter came on
~ for hearing before the Kenai Public Commission on December 12, 1979
at the Public Sateiy Building. Kenai. Aleska. There was no one present
on behalf of Tri-City Transportation. Inc. . to give eny explanation for
the failure to provide taxicab service. and
j ARer hearing eviQence presented in the matter and due consideration
, thereon. the Commission finds as follo~os:
i The holder of the Certificete of ?ubiic Convenience nnd *teceasitq
~ has failed to render nny taxicab service for a period in excess of six
i, consecutive days without qiving eny explanation therefor.
, Bssed vpon the foregoin~ tlndinP, it is hereby ORDERFD that the
Petltlon for CerHticate of Public Convenience and Veceaeritq oriPinNlq
iasued to RnBERT v. SYILLIAntSA*1 end ~+PNi?V~VF. •~. tvILLtA`tcnv and
~ transferred to EDITFi SELLARS nnd LY?i~1 H£RRICK and by thecr tn TRI-
CITY TRA.'~SPQRTATION. INC., is hereby revoked subiect tn the arovision
of SecHon 20.05.050 0[ the Kenei ~tntticinel Cnde. 1979 Revision.
The said holder of Certificate of Public r~nvenience end Neceasitq, dbe
BERT'S CAB , is hereby ordered to desist froe+ any further tnxicab oaeraHons
~ witbin the Citq of ICenai.
~ DATED: At Xena1. Alaska, this 22th day of necember. 1919.
i CiTY OF KF.NAi
PUALIC VEHIr,LE COn4uS3tON
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.IESSE ~+'AD£. CtIA[It4TA.1
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~ f CITY OF KF.NAI
; PUBLIC VEHICLE COMMIgSInN
( In the Matter of the Application )
~ ! of Certificate of Public Convenience )
' i and Necessity )
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of . )
)
GPOrge Miller )
, dba City Cab Company )
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~ No. 03-?9
ORDER
The Application in the above-captioned matter came on for hearing before
the Kenai Public Vehicle Commission on December 14, 1979 at the Publfc
Safety Building, Kenai. Alaska. Theo Carson and Geor~e M311er appeared
on behalf of the Applicant.
After hearing evidence presented in the matter and due consideration
thereon, the Commission finds es follows:
The Applicant is fit, willing and able to provide the services applied for,
and such services are required for the convenience and necessity of the public.
Present taldcab service in the City of Kenai is inAdequate.
Based upon the foregoing findings, it is hereby ORDERED that the Petition
for Certiflcate of Public Convenfence and Necessity of George Miller. dba City
Cab Companq is hereby granted, subject to ttfe provisions of Kenai Code,
Sections 20.05.010 through 20.05.180 and all rules, regulations and orders
from time to time prornulgated by the Commission governing the rates, charges,
services, facilities and practices of taxicab operations within the City of Kenai.
The Grantee is her~bq authorized to operate rivo (2) vehicles in conneetion
with ite taxicab operations within the City of Kenai.
DATED: At Kenai, Alaska. this 12th day of December 1979.
CITY OF KFNAI
PUALIC VFHICI.E COn'4MISSION
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CHAIRI4tAN
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CITY OF KENAI
-~ PUBLIC VEHICLE CON!'.VrISSIO~T
CERTIFICATE OF
PUBLIC CONVENIENCE AND ?tECESSITY
No. 03-79
Having Yound that the Grantee of this Certificate is fit, willing and able
to provide the services applied for and that such services are required for
the convenience and necessitq of the public, the City of Kenai Public Vehicle
Commission, pursuant to the authoritq vested in it by Kenai Code, Section
20.05.030 herebq issues this Certificate of Public Convenience and Necessity
to :
George Miller, dba City Cab Company
authorizfng it to operate a ta~cicab company within the corporate limits of the
~ City of Kenai .
This Certif'icate is issued under, and subject to, the provisions of ICenai
j, Code. Sections 20.05.010 through 20.05.I80, and all rules~ reg-ulatians and
f orders from time to time promulgated by the C~mmission governing the rates,
~ charges, services, facilities, and practices of taxicab operations.
M .
! ~-~-- The Grantee is authorized to operate rivo vehicles in connecHon ~vith its
taxicab ogerations.
IIJ WITNE3S THEREOF ~ the undersigned members of the Commission have
~ executed this Certificate of Public Convenience and Necessity at Kenai, Alaska
I
~ on this day of , 19
~ CITY OF KENAI ~
PUBLIC VEHICLE rOrRrQISSION
CHAIRbZAN
MEMBER
14IEMBER
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