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Home My WebLink About1980-02-06 Council Packeti;~ _ ~ ~~-~ _ -_ _ ~, ;._ - `~ ~,,,;s,~'-.._,~. -_ ~j~ . _ -~ ~__y ~ . ~ __.-"_ .-...:.:-..F "' " ~_~ . l::., r.~. s . . ~ . -- ~ . .~.r~~_~ _. ~. rr~..,...~ ... . ..~_ ~ ,-~ ' ~- ~ _ T ,.. ~ , ; , - --~ ~ 1 ' ~'r L , : ~ ~ ~~l ~, ~ ~ Kenai City Council Meeting Packet February 6, 1980 E~ -._ • ~ > ~~ / ~ ~ ~ " .I - - ------r-:--- ~ -~-~~ -~•~_._ _- r_TS _ -_ _ _ t ` ~-- ~_ ~_w~._ Y ~ . ~ ...~...s., ' • - _ ~ ..~. .. i~..v..a. ~. . a .~~~~>.'~ __ ___ _ ~. .' « ..~' _ ' ' .... ., ,...-_ .~ .~. ~ . ..-~' _"' __._._.___'"_.... .._.. .....~ .~ „__'.. ~.« -..-x-..,..~ _ - - r __ __ _ __ " _ __ __ _' _ - AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBAUARY 6. 1980 ~-. ~ :~ PLEDGE OF ALLBGIANCE A . ROLL CALL ~ AGENDA APPROVAL ~ B . PUBLIC HEABIIJG ~ Ordinance 531-79 - Amendment of Airport Leasing Ordinance ~a Qr-~'( `2: Ordinance 53?-?9,- Amending the MuniMpal Code. Title 23, Personnel `3. Application for Liquor Licenses Sheffleld House ~ American Legion Post #20 Fraternal Order of Eagles, #3525 /4. B~ension of Time - Liquor License Renewals C. PEASONS PRESENT SCHEDULED TO BE HEARD •~ 1. xick Baldwin - Thompson & Swearingen Lease Itenegotiation D . MINUTES /1. Minutes of ~tegular Meeting, Januarq 2, 1980 ~2. Minutes of Itegular Meeting. January 16, 1980 E . COI~RESPONDENCE ~/~ 1. Kenai Utility Service Company - Possible Sale of Natural Gas by Citq for Power Generation Fuel F. OLD BUSIIJESS G. rrEw susn~ss ~1. Bills to be Paid ~ Bills to be Ratified 2. Aequisitions Exceeding $1,000 ,/~ 8esolution 80-8 - 9ipporting Representative n'Ialone Seeking 3tate Funds for Industrial Water Line . v4. Resolution 80-9 Transfer of Funds - Airport Land Budget - Repair Airport C3ate - $300 ~ ~ Itesolution 80-10 - Transfer of Funds - Legal - Price Increase of Legal Publications - $600 ' . ~ , f - ~ ~ ~ • - ;~ ~ ,. ;1 ~; ~ '~'-°-•~." ~~::~,.~ -- - - `=-_....,..... d , _- -- -~ ~ ~. Resolution 80-11 - Supporting Ketchiksn Gateway Borough ftesolution for fteinstatement of Platting Powers ~; .~..~-¢~'-~7 l. Resolution 80-12 - Authorizing Acting City Manager to $ign Cultural K~,, ~ Facilities Grant Program Grant Application. Civic Center ~8. Itesolution 80-13 - Transfer of Funds - Public ~Yorks - Director To Attend Seminar - $200 ~9. Resolution 80-14 - Transfer of Funds - Capital Project Funds, Fire Reservoir & Water System Improvements - Renovation of Well House ~ #l. Rockford Corporation Change Order - $1,255 a. Contract Change Order #2, Well House 201 ~ ~j/~ ,t'`10. Itesolution 80-15 - Lobbying Effort. City Mayor - General Fund Budget - Secretarial Services & Lobbq Services - $11,700 ~ ll. Resolution 8Q-16 - Transfer of Punds - Water & Sewer Special Revenue Fund - Chloroform Testing on Water Samples -$400 ~ 12. Ordinance 548-8G - Amending Municipal Code 56.020, Correcting Rules & ftegulations of Librarq Use. ~ e~ r~`"T3. Ordinance 549-80 - Amending Municipal Code - Exceptions to Short ~-0 Term Parking Area Itegulations. ~ 14. Ordinance 550-80 - Increase in Revenues - General Fund Budget - Purchase Additi~nal Librarq Books - $500 ~ 15. Coopers & Lybrand -- Final Billing - Office of Aging Grant -$1.500 ..~ 26. Coopers & Lybrand- Final Billing - Federal Revenue Sharing Funds - $3.500 ~ 17. Coopers & Lybrand - Final Billing - HUD Public Facility Loans Project - $1,500 ~ `f 18. Galliett - Final3tatement - Covered Potable Water Resernoir - _- $16 .123 .13 ~ 19. CH2M Hill - Step 3 Grant Application -$2~500 v 20. CH2M Hill - Sewerage Projects Design -.;3~,~@9- 3~i `~ ~~ c~ 21. USRH - Kenai Aerial Photo/Map -~6r38fi ~~I ~(0 8'~ ~ 22. Games of Chance & 3ldll - Fraternal Order of Eagles, #3525 c~- 23. Ciames of Chance & Skill - Russian Orthodox Church x 24. Funding for New City Hall ~~ a Tradfng Bay Professional Center for City IialI H. REPOBTS ~ ~ 1. City Manager 2. ciry Atto~ey _,~ ~., S 1~ a~ ,'~'~-kr .~ ~ a ~ ~ ~. •,. Y.~ ? f ,.. ~'~~. ~ 3 . Ma or - ~ ~ , , ~ Y ~ q~ , . -- ~`a~o ~ 4. City Clerk v ~, ` ~ . ~. ~ ., J - • , ~ ~ •- ,~ 5. Finance Director 6. Planning & Zoning 7. Kenai Peninsula Borough / 8. ~Iarbor Commission I. PERSONS PRESENT NOT SCIiEDULED TO BB HEARD ADJOURN1t4ENT ~ a ;t -~-r=_~= ~ . _~~__ _ . ~ . _ ~_ - ~- . . _ _ . : i "` ~ . ._- ^ f-~- = i ; ~~ ~. --~yA~ -`~ o.~~<; -_a:-.~r_ - . __ ~ ; - - - - - :.. ~~a_Qn ~ '_..._- - - - -- . -- - - - _ - -- _ _ ' ~' ,J \ ~ \ . ~ • • ~ /~ ~ ~..Y~ ,+~f.2; `~Y .9~% ~/ ~1. M lJ~n ~ / ~ : ~ • . ~ !i~ i a ^!r U ~ ~\ v ,W Y , ~ ,,~ ~' ~,~~i~t 6 !~;s}~ ~ r~L y , `` ~~ ~ . ~ ~~ ~ ~ ~ ~ ~, . ~1 . ~~ ~ ~'~ ~ ~~ c~ c~ ~i `~ ~''~ ~~s ~ _ / ~Phil Aber ~ ~ \ ~"' -11 , tV ~ Y ~ ~f U ~ \ ~ ~' I ~' ~ Ra Measles I ~ !V ~ 1 V ` \ / / / V, ~ ~ ~ ~ ~ ~ , ~ ,~ ` y . ~ `~ , . . -~M ~ ` ~ N ~ ~ I I ~ I Mike 3eaman • ~R A) ~v , • . r . . . . , i ~ ~ ~ . ~ . . ~ ~ ~ ~ ~ ./ 1 ~. . . .~ i 'Y3 . COUNCIL E I 'G OF ~ . -il ~ ~~ C ' ~ . ~~ ~ . _ ~ \~ ~`~ ` ~~ ~ } . ? ..~ . ~ ~ ` ' • ~ a ~i ~ x ~ rY ( .1 ,,~ :, ~ , ,~ ~, ,~ ~,'~" ~ ~ c~ ~ , , ~ 9~ ~ ~ ~ c~ c~ ~ c~ , ~ i ~ ~ ~~ _ ; ; ~ ~ - ~ti , . ' I ._ -; '; . ~ . / r~ pt~ ab~ ~ ,. y ~ -~~ y ~ ~i y . ~ y y R M ~ y y ~ y ~ . ~, . , . , y ` . ' Ron MaIston , • ,~ . . y - ~ ,i ~ . , ~ . . . .. . ._.. _.. .. ~ ._. ~ ~ ! . ~ _. /, - _ - • T- - ---- - r --~ - - . - ~~ _ ... ..~~~-~.., ~. ~.i..._... .... , .__ .._..----...- -- - - ~ ~- --- - - --.. . --'-- - . Y11 ~ ~ . \C` ~ `~ Y ~ ~ \~ '1 ~ ~ ~ ~ ~ ^( c1 (~S ~ T ~ i ~ ~ ~ (' ~\ \ ~ ~ ~ \ ~ ~ rl i 1 ~ ~{ ~S Li ~, ~-+' <S , i Ls ~y ~ .3 r_5 U~ {~ a,~-~- ~ y ~ y ~ ~~ ~~ ~ y y ~ / ~ ~ N V ~~ - -- ~ ~ r ~~ ,, . __ __ ~~ ~ i , - ~ ~ `/ ` / ~ y ~~ ~ y ,~ y y ~ y >! ~ Y ~ _ ~ n~ , _ y . l. y . ~y ~ ~~ ~ y .-- ~ . - ,, ~ ~ ~~'~ y i y ~ N y ~ y;y ~~ y ~ y r . / ~ . ., . ~ ' ' , ~ ~ ~, ~ ^3:~ .~,y : ~~ Q f~ ~ ~, . . f `1.'.. 1~. 1 ~ it i- '}~ 1 ~ ; ~ '~: ~ ,. --= y'-. -, ;. =_- ~ -- ~l :i i:~ i,~ ~ . ; , ~~ - ~.,= ~- -_-~._ - --- -- - - - -~ . ~ , E ..`~, . ;. , . , ~ + 4. ~ ~ %; i (-~ ' ~~ ; . E3 -1,_'~; ~ . ~ L` i .~ ~ ~. _ ~ ~ ~ ; ; . i , 1', i' , ~.,:> i~ ~ . ,., ~ ` (, j ,i~' ; ~ -_ ~~~ ~ ; ~~,,- . ..... ~ ` . ~ !:.: i ~ ..{S ~ . „~ t " ~ Z . - --~5_ .~ ; . .~ , ..~ - ~ ; ' ° ~ •' 11 . ~ ~ I , ~ .^r ~ ~ ~ _n •r, ~ I ; ~ AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING THE LEASING OF AIRPORT LANDS ORDINANCE. WIiEREAS, the City presently has an airport lands leasinq ordinance cocified in 21.10.010, et seq of the ICenai Municipal Code, and WHEREAS, the codified code revision of this ordinance should be amended to reflect certain additions within the body of the ordinance contained in new airport lands leases which were oinitted from the pre-code airports ordinance and also to insert sections of the pre-code airports lands ordinance which are not contained in the codified revision. NOW, TFiEREFORE, BE IT ENACTED BY THE COUNCIL OF THE CITY OF KENAI, ALASICA, AS FOLLOWS: Section 1: Title 21 of the Kenai Municipal Code is hereby•repealed and re-enacted in the form as attached hereto and made a part hereof. PASSED BY THE COUNCIL OF THE CITY OF ICENAI, ALASKA, this 20th day of February, 1980. VINCENT O'REILLY, MAYOR % ;- ~ -r -~ , . - -_ ~ S U B S T I T U T E CITY OF KENAI ORDINANCE NO. 531-79 ATTEST: Janet Whelan, City Clerk First Reading: October 1~, 1979 Second Reading: November 7, 19T9 Third Reading: December 5, 1979 I`ourth Reading: January 16, 1980 Fifth Readinq: February 6, 1980 Effective Date: March 6, I980 ~--~.-- - ~. r•- - ,.= ; ~ ~ . ~ ~~ I~ r Y -' , -~ . ~ ~ "~ -.--T- . ~ TITLE 21 ~ CITY AIRP~RT AND AZRPORT LANDS ~ _ Chapters: 21.05 21.10 21.15 - 21.20 Airport Administration and Operation Leasing of Airport Lands Provisions Required in All Airport Land Leases Polic~- Governing Modifications of Existing Leases Chapter 21.05 AIRPORT ADMINISTRATION AND OPERATION ~~ ~./ Sections: 21.05.010 Permit. 21.05.020 Investigation of permit holders; cancellation. 21.05.030 Regulation of airport. 21.05.040 Parking automobiles and aircraft. 21.05.050 Penalties. 21.05.010 Permit: (a) All lessees, owners, or occupants of property within the territorial jurisdiction of the Kenai Municipal Airport who wish to construct or operate terminal or trans~ortation facilities of any kind thereon, includinq, but not limited to, aircraft maintenance facilities, warehouses and all other related transportation, commercial, or industrial facilities shall apply to the City Manaqer for authorization. Such application shall be accompanied by a plan of the proposed construction that shall meet all standards or requirements which may be required by the ordinance of the City of Kenai relating to zoning, subdivision regulations, and building construction standards. (b) The City Administrator shall refer plans of the type or location of the proposed construction which are in conflict with the F~ner~l Plan to the Planning Commission to determine whether such proposed construction is in keeping with the objectives of the General Plan. The decision of the Planning Commission shall be binding unless reversed by the Council. The City Manager, subject to conditions of this section, may issue permits upon such terms and conditions and for such durations as authorized by the Council, and no ~ h ~ I 4 - ` . . ~ - ~ J,~-s- r ~ -~ construction shall be done nor operation carried on without a permit from the City Manager. , (c) Every permit, lease, deed, or conveyance of any ~- right, title, or interest from the City to any land within the jurisdiction of the Kenai Municipal Airport shall in- I corporate by reference, or otherwise, and shall be subject j to the restrictions contained in this section. 21.05.020 Znvestigation of Permit Holders; Cancellation: The City Manager may inquire into the manner in which obligations are carried out, and the practices of permit holders for the purpose of determining whether the pro- visions of the permits are being complied with. This section shall authorize access to books and records of permit holders as may be reasonably necessary to enable making a determination thereunder. Should the City Manager find that at any time a permit holder is not complying with the terms of the permit issued, the permit may be cancelled upon notice and in accordance with such procedure as may, by regulation, be prescribed. (KC 17-24; Ord 531) 21.05.030 Regulation of Airport: The City Manaqer may regulate the manner in which the Kenai Airport and compatible non-aviation facilities are operated with reference to the safety, accommodation, and service to the public. In order to implement this grant of authority, the City Manager shall have the power to adopt such rules and regulations as may be necessary to carry out the duties under this grant. In this connection, the rules and regulations adopted prior to the enactment of this addition to the Kenai Municipal Code are hereby ratified, approved, and continued in full force and effect until further amended or repealed by subsequent action of the City Manager in accordance with acceptable procedures for the adoption of rules and requlations. (KC 17-25; Ord 531) (See Appendix A attached hereto) 21.05.040 Parking Automobiles and Aircraft: It shall be unlawful for any person to park any automobile or aircraft in any area contrary to the designation for that area on the Kenai Municipal Airport, the lands of the Kenai Municipal Airport Terminal System, or fail to obey the proper regu- lations for tr.e control of ground traffic as estabiished by the Airport Manager or his designated representative. Said Airport Manager or his desiqnated representative shall be vested with full. police powers under the au~hority of this City to endorse the provisions of this section. (KC 17-34; Ord 531) 21.05.050 Penalties: Any person violating any of the provisions of this chapter or any of the rules, regulations or orders made and issued under this chapter is guilty of a misdemeanor, and upon conviction, is punishable by a fine of not more than $100. (Ords 263, 531) ~ 21-2 - --_ T ~ __ - _. r z.-_ -__._ ~ T . J, .- ~ -. ~-- - . _. _ - _ -ii.~L+ ._L ~ , Chapter 21.10 1 LEASING OF AIRPORT LANDS Sections: 21.10.010 22.10.020 21.10.030 21.10.040 21.10.050 21.10.060 21.10.070 21.10.080 21.10.090 21.10.100 21.10.110 21.10.120 21.10.130 :i Lands available for leasing. Qualifications of applicants or bidders. Applications. Rights prior to leasing. Classification prior to lease required. Processing procedure. Review. Terms of lease. Appraisal. Annual minimum rental. Service by realty firms and brokers. Bidding procedure. Principles arid policy of lease rates. 21.10.010 Lands Available for Leasing: All the Airport lands within the.limits of the City to which the City holds title may be leased as hereinafter provided. 21.10.020 Qualifications of Applicants or Bidders: An ~~ applicant or bidder for a lease is qualified if the applicant or bidder: {a) is an individual at I.east 19 years of age or over; or (b) is a qroup, association, or corporation which i.s authorized to conduct business under the laws of Alaska; or (c? is acting as an agent for another and has qualified by filing with the City Clerk a proper Power of Attorney or a Letter of Authorization creating such agency. The agent shall represent only one principal to the exclusion of himself. The term "agent" includes real estate brokers and aqents. 21.10.030 Applications: All applications for lease of lands shall be filed with the City Clerk on forms provided by the City available at City Hall. Applications shall be dated on zeceipt and payment of filing fee. After filing, a maximum of 30 days shall be allowed to complete the ap- plication. Filing fees are not refundable. With every application the applicant shall submit a development plan, showing and stating: (a) the purpose of the proposed lease; (b) the use, value, and nature of improvements to b~ constructed; (c) the type of construction; ~ (d) the dates construction is estimated to commence and be completed (maximum of 2 years); and, 21- 3 I ~=-- - - _-~_ ~.: ~ xe_..~_ I ~ i i ~ i ----~--_ _ - ___ -- T s- --- --s ~ - . --_~_- , ~.:~,. - (e) whether intended use complies with the zoning ordinance and camprehensive plan of the City. Applications shall become a part of the lease. 21.10.040 Rights Prior to Leasing: The filing of an application for a lease shall give the applicant no right to lease or to the use of the land applied for. The application shall expire within 6 months after the application has been ~ made if a lease has not been entered into between the City and the applicant by that time. Lease rates are subject to ~ change on the basis of an appraisal done every 6 months on the proFerty applied for. 21.10.050 Classification Prior to Lease Reauired: Except for concept lease applications described in the section below, before accepting applications to lease lands the area involved shall have first been classified for permitted land uses and a land use plan of the area prepared and publicly posted in the City Hall offices. The land use plan shall be prepared by the City Planning Commission and approved by the Council prior to posting. The availability of concept leases shall be made known in the posting. 21.10.060 Processing Procedure: (a) Applications shall be forwarded to the Advisory Planning and Zoning Commission upon receipt. The Advisory Planning and Zoning Commission shall normally consider applications for specific lands on a first-come, first-served basis. Where there is difficulty in obtaining a perfected application, details as to development plans, etc., then the Advisory Planning and 2oning Commission may, after due notice to the first applicant, consider a second applicant for the particular lease. (b) The City Council shall normally consider a lease proposal only after approval of the Advisory Planning and Zoning Commission. However, appeals of Advisory Planning and Zoning Commission disapprova2 may be made to the City Council. Completed leases signed by applicant must be presented to the City Council within 30 days after approval by the Advisory Planning and Zoning Commission. (c) Conceptual applications relative to unplatted land and/or unreleased lands will also be considered on a first- come, first-served basis. On approval of concept by the Advisory Planning and Zoning Commission and the City Council, the applicant is assured the right o£ first refusal of the lease following the determination of a lease rate in accordance with established policy, provided that applicant delivers to City an executed lease with attached application and with first rental payment within 45 days after applicant is notified of the terms. 21.10.070 Review: No leased land may be changed in use, nor may any renewal lease be issued until the proposed u~e or renewal has been reviewed by the Planning Commission and approved by the Council. 21-4 ;l '~ ___ _ ~_ _ __ ___ r _ I r ~~ _ . _. ~ - . _ 21.10.080 Terms of Lease: All leases shall be ap- - proved by the City Council before the same shall become effective. The term of any given lease shall depend upon the durability of the progosed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed investment. (Ord 531) 21.10.090 Appraisal: No land shal7, be leased, or a renewai lease issued, unless the same has been apprafsed within a 6 manth period prior to the date fixed for beqin- ning of the term of the lease or renewal lease. No land shall be leased for less than the approved appraised annual rental. Appraisals shall reflect the number and value of City services rendered the land in question. (Ord 531) 21.10.100 Annual Minimum Rental: (a) Annual minimum rentals shall be computed from the approved appraised market value utilizing the method as described in Section 21.10.130 (a)(1) below. Annual minimum rental shall include: (1) Taxes pertaininq to the leasehold interest of the Lessee; (2) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis; (3) All taxes and assessments levied in the ~ future by the City of Kenai, as if lessee was considered the legal owner of record of the leased property; (4) Interest at the rate of 8$ per annum and 10$ penalties of any amount of money owed under this lease which is not paid on or before the date it beco~nes due; (5) All sales taxes due on payments under this lease and to all sales taxes applicable to its operations; (6) All special assessments for public improvements levied by the City of Kenai, as if lessee were considered legal owner of leased property. (b) Upon execution of the lease, the lands demised become taxable to the extent of its leasehold interest and lessee shall pay all real property taxes levied upon such leasehold interest in these lands, and shall pay any special assessments and taxes as if he were the owner of said demised land. (c) Rent shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal y~ar beginr.ing JuZ;• ?~*~~? er_~;ng _T~3ne 30. If the equivalent monthly payment exceeds $200, then the lessee shall have the option of making payments on a monthly or quarterly basis. (Ord 531) t -~ _ 21.10.110 Service by Realty Firms and Brokers: (a) Realtors shall be entitl.ed to a fee at the time the first payment is made under such lease. Said fee shall be limited ~ to 10$ of the first year's lease rate, excluding charges for . 21-5 .f -_-~--~_ _'S" .1 ._ -,_~__.~~ ~ ---~ r~_ _ _. ~ - «_ r_ . _ ~ -~ - r ~f -T - Z --+'- . ~r. assessments, or 5% of each year for the first 5 years at the • broker's option. However, realtors a party to the lease shall not be entitled to a commission. (b) Realtors shall treat any listir.g as they would any other client in regard to advertising, promotion, etc. (c) Listings of platted lands available for lease ~ shall be announced and posted publicly. Such announcements shall include block and lot number, parcel number and any special limitations with restrictions as may be imposed by the Advisory Planning and Zoning Commission and City Council. Such restrictions or limitations shall be specific and in addition to zoning restrictions. No lease proposed by an eligible realtor shall be denied if it meets such restrictions, I applicable lease rates, and zoninq requireinents in effect at time of application. (d) Unplatted, relea~ed Airport lands and unreleased lands shall not be listed with realtors. However, unless positive actian has been taken by the Advisory Planning and Zoning Commission and/or the City Council to set aside a certain tract as not available for lease at that particular time, a realtor may, on behalf of a client, request a lease of such lands. Such a lease request shall be considered as described in the preceding application procedures, relatinq - to unplatted, unreleased lands. Normal fees shall be due to . the realtor on consummation of such a lease. 21.10.120 Bidding Procedure: As an exception to general policy listed above, the City Council may designate a specific lot or lots to be made avilahle only for bid. This provision shall apply only when there is no outstanding application pending on the lot or lots. As designated, sealed bids shall be received offering a one-time premium in addition to the established lease rate. Iiighest bid, however, shall be subject to all provisions of review and approval established for all other lease applications. ; ,; ; _ •- ! 21.10.130 Principles and Polic}~ O£ Lease Rates: (a) A fair return to the Airport System is mandated by the terms and conditions of the quitclaim deed and appropriate deeds of re2ease, granting these lands to the Airport System by the Federal Government. To insure a fair return, all leases for a period in excess of 5 years shall include a redeter- mination clause as of the fifth anniversary of each lease, normally set for the lst of July of that fifth year~, and all lands for lease shall be appraised prior to lease and again prior to redetermination. Lease rates: (1) shall be based on fair market value of the land, including an appropriate consideration of facilities and services available (public water, public sewer, storm sewers and other public utilities) as determined by a qua2ified independent appraiser, considering the best use of the specific land; and ~ ~~ 22-6 : ;~_ :- ~ ;' -- . I ~„ -- ::~ ;~~„ `, ,,~ +i r; i.; ; . ., ~_~ 1- _-= : : : ! (2) sha21 be a percentage of fair market value r1 and the percentage to derive a fair return shall be set annually in May by resolution of the City Council and shall apply to all leases thereafter requested. ib) Realizing that investors, developers, and other potential lessees need a reasonable assurance of stability in future lease rates, the redetermination clause of all future leases shall include the following language: "At each 5-year interval, the fair market value shall be determined by qualified, independent appraisers, and the percentage set originally and contained in the lease shall be applied thereto to obtain the new annual rental. The redetermined lease rate, (annua2 rent) under this provision shall be limited to a 50~ increase in the prior lease rate until the 30th year anniversary of the lease after which the 50$ cap provision shall no. longer apply and the lease rate shall be redetermined every 5 years on the basis of fair market evaluation as detennined in KMC 21.10.].30(a)." City leases existing at the time of the enactment of this chapter shall have a 30 year period determined from the date from which the lease was originally entered into. (c) Recognizing that the redetermination procedure provided for above may be in conflict with the mandate of the quitclaim deed and the several deeds of release, the ~ City Council herein acknowledqes its obligation to provide the Airport Fund with those sums which the above redeter- mination policy may cause the Airport Fund to lose. It is . the intent of the Council to provide far such a possible shortfall by appropriating revenues relative to the assessed valuation of Airport properties. (d) Those leases existing at the time of the effective date of this chapter in which the lease rate has not been redetermined at its previous 5 year interval, shall be redetermined as set forth in Subsection (a) above, but shall not exceed 150$ of the appraised 1977 fair market value times 68. Thereafter such leases shall be subject to the pravigions of Subsection (b? above limiting rental increases on redetermination to 50$ on each 5 year anniversary of the date of the lease until the 30th anniversary thereof. 21-7 ~ i'~ ~=-_.:_ ~ ~ ~-~:__ _ -- - - - _ =, _.-_ ~~. ~ - !' Sections: 21.15.010 21.15.020 21.15.030 21.15.040 21.15.050 21.15.060 21.15.070 21.15.080 21.15.090 21.15.100 21.15.110 21.15.120 21.15.130 21.15.140 21.15.150 21.15.160 21.15.170 21.15.180 21.15.190 21.15.200 21.15.210 21.15.220 21.15.230 21.15.24Q _ r --r ,.. _~ T Chapter 21.15 ^ PROVISIONS REQUIRED Proper location. Lease utilization. Payment of rent. Adjustment of rental. Subleasing. Assignments. Modification. Cancellation-forfeiture. Notice or demand. Financing-Rights of mortqagee or lienholder. Entry and re-entry. Forfeiture of rental. Written waiver. Easements grants reserved. Lease subordinate to financing requirements. Surrender on termination. Sanitation. Building and zoning codes. Fire protection. Inspection. Personal use of materials. Restrictions and reservations. Waste and injury to land. Warranty. 21.15.010 Proper Location: It shall be the resgon- ; sibility of the lessee to prcperly locate himself and his fmprovements on the leased land. It shall be unlawfuZ to r encroach on other lands of the City, or on lands owned or ; leased by another, and violation shall constitute default in ` the lease and unless corrected in a reasonable time after , written notice shaZl be sufficient grounds for cancellation ~ of the lease of the option of the City. ; ~ 21.15.020 Lease Utili2ation: Leas~d lands shall be ~ utili2ed for purposes within the scope of the application, the terms of the lease and in conformity with the ordinances ,i of the City and Barough, and in substantial conformity with the comprehensive plan. Utilization or development for C other than the allowed uses shall constitute a violation of the lease and subject the lease to cance2lation at any time. , ~ ~ 21-8 , r, _ _ _ .~ I~ ~ - ..~:. - - .~~ -- -- - - ---- -_ -- - - _ r. _ ~ ~~ r ~~ _ _ __ . 1 ~-_ T._ i~ - Failure to substantially complete the development plan of ~ the land, consistent with tne proposed use and terms of the lease, shall constitute grounds for cancellation. 21.15.030 Payment of Rent: Rent shall be paid annually in advance. Said payments shall be prorated to conform with the City of Kenai's fiscal year beginning July 1 and ending June 30. If~the equivalent mon~hly payment exceeds $200, then the lessee shall have the option of making payments on a monthly or quarterly basis. 21.15.040 Adjustment of Rental: All leases shall contain the agreement of the lessee to a reevaluation of the annual rent payment every fifth year. 2I.15.050 Subleasing: Leases may provide foz sub- . leasing without prior Council approval. Subleases shall be in writing and be subject to the terms and conditions of the . ` original lease. , ~ . ; ,. _ 21.15.060 Assignments: No lessee may assign the lands ! - leased to him without prior Council approval. The assignee . ~. shall be subject to all of the provisions of the lease. Any . attempted assignment made in vioZation of this section shall i • be void. Any assignment requ~ring Council approval will not r . be unreasonably denied. ; ~ , , i 21.15.070 Modification: No lease may be modified ;~ . orally or in any manner other than by an agreement in writing, ~ -~" siqned by all parties in interest or their successers in , interest. Any such modification shall require Council ' approval. ; . 21.15.080 Cancellation-Forfeiture: (a) Leases in qood standing may be cancelled in whole, or in part, at any ~: time upon mutual written agreement by lessee and the City Council. ~_ (b) Any lease used for an unlawful purpose may be --- ^_ cancelled. ~ (c) If the lessee shall default in the perfonaance or ~ ( observance of any of the lease texms, covenants, or stipulations ~; ~ thereto, or of the regulations now or hereafter in force, '~~t,+.. ~ I and should said default continue to 30 calendar days after •ir1. ~ service of written notice by the City without remedy by i:._ lessee of the conditions warranting default, the City shall y subject lessee to appropriate legal action, including, but ° not limited to, forfeiture of the lease. No improvements , may'be removed by lessee or ather person during any time the ,. ].essee is in default. This provision shall not be construed _~;_ to prohibit the City from taking any appropriate legal ~~,` : action, including, but not limited to, forfeiture of the --,- lease, immediately upon the occurrence of a default. ~ ~ 21-9 ; ~~ ``_~_~•=__ ~ -==-__~-__ -'_ _ _ . _ .~ .." - --~_T - . _ . _- -`-~ ~ _ _ _ . ` ~~ - ~ .ir . • ~ • ~ _ ~ o _ _ _ _ 21.15.090 Notice or Demand: Any notice or demand which under the terms of a lease or und~r any statute must be given or made by the parties thereto, shall be in writing and be given or made by registered or certified mail, ad- ~ dressed to the other party at the address of record. How- ~ ~ ever, either party may designate in writing such new or ~ ~ other address to which such notice or demand shall there- after be so given, made, or mailed. A notice given here- ~ ! euider shall be deemed delivered when deposited in a U.S. ~ ' general or branch post office, enclosed in a registered or ~ certified mail envelope, addressed as hereinabove provided. ;- _ ,i '. ---i_ ~~~, ; ~. ~ 21.15.100 Financing-Riqhts of Mortgagee or Lienholder: (a) For the purpose of interim or permanent financing or refinar.cing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, a lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, the lessee's interest in the leased premises and in and to the lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in the City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other established lendinq or financial institution (which terms shall include an established insuzance company and qualified pension or profit sharing trust) and such institution shall acquire the lessee's interest in such lease as a result of a sale under said encumbrance pursuant to a foreclosure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arising out of any pending or contemplated foreclosure action, such lending institution shall have the privilege of transferring its interest in such lease to a nominee or a wholly-owned subsidiary cor- poration with 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 institution, or the nominee or wholly-owned subsidiary corporation to which it may have transferred such lease, or any other lending institution which may at any time acquire such lease, shall be relieved of any further liability under such lease from and after such transfer. (b) A leasehold mortgagee, beneficiary of a deed of trust, or security assignee, 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 holder of any such mortqage, or the bene- ficiary of any such deed of trust, or the security assignee shall give the City before any default shall have occurred in the lease, a written notice containing the name and post office addre'ss of such holder, the City ahall thereafter qive to such holder a copy of each notice of default by the lessee at the same time as any notice of default shall be given by the City to the lessee, and the City will not thereafter accept any surrensier or enter into any modi- 21-10 ~ \ T i _ _ r -s _~~ __ _ _ _-_ _. ' r ~_ ' « ~ ~s i _ . " - __~~i ~ . . ~ThfLirT: " - = - ' , - ~.s~. - - ~ -- - --- ~ + 0~ fication of this lease without the prior written consent of ~ the holder of any first mortgage, beneficial interest under a first 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 thereof shall be terminated at the election of_ the City prior to the stated expiration therefor, the C:ity will enter into a new lease with the leasehold martgagee for the remainder of the term, effective as of the date of such termination, at the rent and addi- tional rent, and on the terms herein contained, subject to the following conditions: (1) Such mortgagee, beneficiary, or security assignee, shall make written request to the City for such new lease within 20 days after the date of such termination and such written request sha2l be accompanied by a paytnent to the City of all sums then due to the City under the lease. (2) Such mortgagee, beneficiary, or security assignee, shall pay to the City, at the time of the exe- ~ cution and delivery of such new lease, any and all sums due thereun3er in addition to those which would at the ti.me of the execution and delivery thereof be due under this lease but for such termination and in addition thereto, any reasonable expenses, including legal and attorneys' fees, to ; which the City shall have been subjected by reason of such ' default. ~ , (3) Such mortgagee, beneficiary, or security assiqnee shall, on or before the execution and delivery of ~ ~~ such new iease, perform all the other conditions required to ~ be performed by the 2essee to the extent that the 2essee j shall have failed to perform such conditions. (e) If a lending institution or its nominee or wholly- i owned subsidiary corporation shall hold a mortgage, deed of I trust, or similar security interest in and to this lease and shall thereafter acquire a leasehold estate, derived either from such instruments or from the City, and if such institution, nominee, or corporation shall desire to assign this lease or ~ any new lease obtained from the City (other than to a nominee or to a wholly-o~med subsidiary corporation as permitted by the above provisions) to an assignee who will ~ undertake to perform and observe the conditions in 3UCh lease required to be performed by the lessee, the City shall ~ not unreasonably withhold its consent to such assignment and ~ assumption, and any such lending institution, nominee, or subsidiary shall be relieved of any further liability under such lease from and after such assignment. If the progo3ed i assignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. i ~ 21.15.110 Entry and Re-entry: In the event that the ~'~ lease should be terminated as hereinbefore provided by ~ ` ~ summary proceedings or otherwise, or in the event that the ~~/ demised lands or any part thereof should be abandoned by the ~ 21-11 , { __ -_~{ ~ ~ ~_ ~~ , , ~, r ~ ~. ~ ~ - T _ ~ - _ _ _ _~ i . _ . _ ~- ~ -_ ~ _ _~ / ' . i ~, • _ _ ~~ - _~ ~~ i _ ~ .v` ~ lessee daring the said term, the lessor or its agents, servant~, or representatives may, immediately or at any time thereafter, re-enter and resume possession of said lands or --- such part thereof, and remove all persons and property therefrom, either by summary proceedings or by a suitable action or proceeding at law without being liable for any damages therefor. No re-entry by the lessor shall be deemed an acceptance of a surrender of the lease. 21.15.120 Forfeiture of Rental: lease should be terminated because of lessee as herein provided, the annua2 made by the lessee shall be forfeited lessor as partial or total liquidated breach. In the event that the any breach by the rental payment last and retained by the damages for said 21.15.130 Written Waiver: The receipt of rent by the lessor with knowledge of any breach of the lease by the lessee, or any defanlt on the part of the lessee in ob- servance or performance of any of the conditions or covenants of the lease, shall not be deemed to be a waiver of any provisions of the lease. No failure on the part of the lessor to enfarce any covenant or provision therein con- tained, nor any waiver of any right thereunder by the lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the 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, oz after the giving by the Iessor of any notice thereunder to effect such termi- nation, shall not reinstate, continue, or extend the result- ant term therein demised, destroy, or in any manner impair the efficacy of any such notice or termination as may have been given thereunder by the lessor to the lessee prior to the receipt of any such sum af money or other consideration, unless so agreed to in writing and signed by the lessor. 21.15.140 Easement Grants Reserved: City reserves the right to grant and aontrol easements in, or above the land leased. No such grant or easement will be used that will unreasonably interfere with the lessee's use of the land, and lessee shall have free access and use of any and all parkinq and loadinq rights, riqhts of ingress and egress now or hereafter appertaining to the leased premises. (Ord 531) 21.15.150 Lease Subordinate to Financing Requirements: Lessee agrees that City may modify the lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the lessee by this lease, nor act to cause the l~asee financial loss. (Ord 531) 21-12 .~ u ~. . _, ~ -_-___ ------•t_ _.~ _.-- -.- _ . _< t- ••• - -r - .. --~ - ~ ~-- -~ ~~w-- ~ 1~ ~ - :, / - .:~:... - 21.15.160 Surrender on Termination: Lessee shall, on -1 the last day of the term af this lease or upon any earlier termination of this lease, surrender and deliver up the premises into the possession and use of City without fraud or delay in good order, candition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, rejtoration, or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and en- cumbrances other than those created by the City for loans to the City. Upon the end of the term of this lease or any earlier termination thereof, title to the buildings, improvements, and building equipment shall automatically vest in the City without requirement of any deed, conveyance, or bill of sale thereon. However, if the City should require any such document in confirmation hereof, lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units in connection therewith. 21.15.170 Sanitation: The lessee shall comply with all regulations or ordinances of the City which are prom- ulqated for the promotion of sanitation. The premises of the lease shall be kept in a neat, clean, and sanitary condition, and every effort shall be made to prevent the ,, pollution of water. ~~ 21.15.180 Building and Zoning Codes: Leased lands shall be utilized in accordance w th the building and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a violation of the lease. 21.15.190 Fire Protection: The lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled qrass, brush, or other fires on leased lands, and comply with all laws, requlations, and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 21.15.200 inspection: The lessee shall allow authorized representatives of the City to enter the leased land for inspection at any reasonable time. 21.15.210 Personal Use of Materials: All coal, oil, gas, and other minerals and all deposits of stone or gravel valuable for extraction or utili2ation and all materials subject to Title II, Division I, Chapters 4, 5, and 6 of the Alaska Administrative Code are excepted from L-he.operation of a surface lease. Specifically, the Iessee of the surface riqhts shall not sell or remove for use elsewhere any timber, ~ stone, gravel, peat moss, topsoil, or any other material ' valuable for building or commercial purgoses; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 21-13 !,~_ _ _ _ _ ___ ____-_ _ _ r ~ _ _ ~ ~ _ <s_ .rw~r.'. ' " _' _ ' _ _ _ ~ 21.15.220 Restrictions and Reservations: The lease shall contain such restrictions and reservations as are ^ necessary to protect the public interest. 21.15.230 Waste and Injury to Land: If any person shall c:ommit waste, trespass, or other injury upon City land, the person so offending, in addition to being civilly liable for any damaqes caused, shall be deemed quilty of a misdemeanor. 21.15.240 Warranty: The City does not warrant by its ~ classification or leasing of land that the Iand is ideally suited for the use authorized under said classification or lease, and no guaranty is given or implied that it shall be profitable to employ the land to said use. i :_. .____ _ __,~_. ~ ' _ .. " ' "__" ... __'_" ""_" __ _ _ ~ . i . + _ ~ r . ~ 21-14 ~ ~ ~ ,, ~, ~~ :~ : ~ ~ ~~ ~~ ~ , - ,~` _ _ _ ~ _ _ _ ~ _ ~ + . ~ t =-~ _ t • --~ ~ ~~ ~ • ._ _. ~ • ,-~ Chapter 21.20 POLZCY GOVERNING MODIFICATIONS OF EXISTING LEASES Sections: ,~ E~ . ~. ~ J 21.20.010 21.20.020 21.20.030 21.20.040 21.20.050 21.20.060 21.20.070 21.20.080 21.20.090 21.20.100 21.20.110 21.20.120 21.20.130 21.20.140 21.20.150 21.20.160 21.20.I70 21.20.180 21.20.190 21.20.200 21.20.210 21.20.220 21.20.230 21.20.240 21.20.250 21.20.260 21.20.270 21.20.280 21.20.290 21.20.300 21.20.310 21.20.320 21.20.330 21. 20. 340 21.20.350 Rules. Aircraft operations protected. Right to enjoyment and peaceable possession. Lessee to pay taxes. No partnership or joint venture created. Default bankruptcy. Nondiscrimination. Partial. Parole modifications. Amendment of lease. Compliance with laws. Care of premises. Lessee's obligation to remove liens. Ccndemnation. Protection of subtenants. Successors in interest. Governing law. Notices. Fire protection. Inspection. Personal use of materials. Restrictions and reservations. Waste and injury to land. Warranty. Approval of other authorities. Title restrictions. Insurance-hold-harmless. Insurance vf users-subtenants. Annual report. Arbitration. Modifications of existing leases. Unauthorized removal of material prohibfted. Removal i~ot authorized by lease. Disposition of rights by Council. Penalties. 21.20.010 Rules: The lessee shall observe, obey, and comply with all applicable rules, etc., of the State or Federal governments. 21-15 r~ r -:~ % ;- ~ _ _ -_- ~ ~ s ~ (a) City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the ~ demised premises and the public areas and facilities used in ~ connection therewith. ~xcept in cases of emerqency, no rule ~ or regulation hereafter adopted or amended by the City shall ' become applicable unless it has been given 30 days notice of ~3 i adoption or amendment thereof. (b) Lessee, in the conduct of its operations on the ; demised premises, shall observe, obey, and comply with any , and all applicable rules, regulations, laws, ordinances, or orders of any governmental authority, federal or state, ' lawfully exercising authority over lessee or lessee's conduct ~ of its business. i (c) City shall not be liable to lessee for any diminution or deprivation of possession, or of its rights hereunder, on I account of the exercise of any such right or authority as in this section provided, nor shall lessee be entitled to terminate the whole or any portion of the leasehold estate herein created, by reason of the exercise of such rights or authority, unless the exercise thereof shall so interfere ~ with lessee•s use and occupancy of the leasehold estate as ~ to constitute a termination in whole or in part of this lease by operation of law in accordance with the laws of the State of Alaska and of the United States made applicable to , the states. (Ord 531) 21.20.020 Aircraft Operations Protected: (a) The City shall reserve to itself, its successors, and assigns, " for the use and benefit of the public, a right of flight for - the passage of aircraft in the airspace above the surface and all improvements approved by the City of the premises conveyed, together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, - now or hereafter used for naviqation of or flight in the , air, using said airspace for landinq at, takinq off from, or , operating on the Kenai Airport. When plans for improvements ~': pursuant to the terms of the lease are approved by the City, ~~..-~ the City to the extent of those improvements releases the , easements here expressed. ~ (b) The lessee by accepting conveyance expressly ~, ~ agrees for itself, its representatives, successors, and i, assigns, that it will not erect nor permit the erection of ~' any structure or object, on the land conveyed, which would ~' be an airport obstruction within the standards established under the Federal Aviation Administration Regulations, Part 77, as amended. In the event the aforesaid covenant is ~ breached, the City reserves the right to enter on the land ; conveyed hereunder and to remove the offending structure or object, all of which shall be at the expense of the lessee or its heirs, successors, or assigns. (Ord 531) -`-T ---.-~ 21.20.030 R~ht to Enjoyment And Peaceable Possession: __- The City shall aqree and covenant that the lessee, upon paying rent and performing other covenants, terms, and , ~~ conditions of this lease, shall have the riqht to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, ,__ _ _:_~__ .-~ ~ ~ ~, . --- "- ----~ 21-16 t' ~ 1 f ~, ~ f _.r - r ~ _~ i = • - -_~ -~ -~ _- except that any inconvenience caused by public works projects ~ in or about the leasehold premises shall not be construed as a denial of the right of quiet or peaceable possession. (Ord 531) 21.20.040 Lessee to Pay Taxes: Lessee shall pay all lawful taxes and assessments which, during the term thereof may become a lien upon or which may be levied by the State, Borough, City or any other taxlevying body, upon any taxable possessory right which lessee may have therein ther~to by reason of its use or occupancy, provided, however, ~that nothing herein contained shall prevent lessee from contesting as any other land owner any i.ncrease in such tax or assess- ment through procedures outlined in State statutes. (Ord 531) 21.20.050 No Partnership or Joint Venture Created: The City shall not be construed or held to be a partner or joint venturer of lessee in the conduct of business on the demised premises; and it is expressly understood and agreed that the relationship between the parties thereto is, and shall at all times remain, that of landlord and tenant. (Ord 531) 21.20.060 Default Bankruptcy: If the lessee shall make any assignment for the benefit of creditors or shall be adjudged a bankrupt, or if a receiver is appointed for the lessee or lessee's assets, or any interest under this lease, _, and if the appointment of the receiver is not vacated within 30 days, or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the lessee, then and in any event, the City may, upon giving the lessee 30 days' notice, terminate this lease. (Ord 531) 21.20.070 Nondiscrimination: The lessee, for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land, that: (a) No person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in 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 qrounds of race, color, or national arigin shal2 be excluded from particfpation, denied the benefits of, or otherwise be subjected to discrimination; (c) The lessee shall use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Stabtitle A, Office of the Secretary, Pari: 21, Nondiscrimination in Federally-assisted Programs of the Department of Trans- ;_;~ portation--Effectuation of Title VI of the Civil Riqhts Act ~/ of 1964, and as said Regulations may be amended; 21-17 l ~ ~ ~~~~~` _ .. _.-_ ~._ _ ..._..~ . ~.~ ~~, ~~ (d) In the event facilities are constructed, maintained, or otherwise operated on the said property described in this lease, for a purpose involving the provision of similar services or benefits, the lessee shal2 maintain and aperate such facilities and services in compliance with all other requirements imposed pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally-assisted Proqrams of the Department of Trans- portation--Effectuation of Title VZ of the Civil Rights Act of 1964, and as said Regulations may be amended. (Ord 531) 21.20.080 Partial Invalidity: If any term, provision, condition or part of the lease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remaining terms, provisions, conditions, or parts shall continue in full force and effect as though such declaration was not made. (Ord 5313 • 21.20.090 Parole Modifications: It shall be mutually understood and agreed between the parties that the agreement, as written, shall cover all the agreements and stipulations between the parties; and no representations, oral or written, have been made modifyinq, addinq to, or changing the terms thereof. (Ord 531) 21.20.100 Amendment of Lease: Notwithstanding anything to the contrary, in order to aid the lessee in the financing of the improvements to be situated herein, the City shall agree that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold interest of the lessee and the improvements to be situated 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 materia].ly prejudice the City's rights thereunder nor be such as to alter in any way the rental obligations of the lessee 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 applicable Federal statutes, rules, and regulations, and all covenants and conditions of the deed by which the City holds title to the land. (Ord 531) 21.20.110 Compliance With Laws: Lessee shall comply with all applicable laws, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, atreets, and way adjacen.t thereto or any buildings, structures, fixtures, and improvements or the use thereof, whether or not any such 3aws, ordinances, and requlations which may be hereafter enacted involve a change of policy on the part of the governmental body enacting the same. Lessee agrees to hold City financially harmless: ~ 4 , . - ~ 21-18 i .i -. ~ _ _ _ . F T ~,. - ~ .~~ ~-t ~ ~ ~~-~ ~. ~~ ~,,ty ~ ' - _ - ' - - - -- ~ (a) From the consequences of any violation of such '',• laws, ordinances, and/or regulations; and (b) From all claims for damages on account of injuries, death, or property damage resulting from such violation. Less~e further agrees it will not permit any unlawful occupation, business or trade to be conducted an said premises or any , use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto. (Ord 531.) 21.20.120 Care of Premises: Lessee, at its own cost and expense, shall keep the leased premises, all improve- ments which at any time during the term of this lease may be ~ situated thereon, and any and all appurtenances thereunto belonging, in good condition and repair during the entire term of this lease. (Ord 531) 21.20.130 Lessee's Obliqation to Remove Liens: Lessee will not permit any liens including, but not limited to, mechanics', laborers', or materialmen's liens obtainable or• available under the then existing laws, to stand against the leased premises or improvements for any Iabor or material furnished to lessee or claimed to have been furhished to lessee or to lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have benn performed on said premises or improvements by or at the direction or sufference of lessee, provided, however, lessee shall have the right to provide a bond as contemplated by Alaska law and contest the validity or amount o.f any such lien or claimed lien. On final deter- mination of such lien or such claim for lien, lessee will immediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment satisfied at lessee's own expense. (Ord 531) ,~ 21.20.140 Condemnation: In the event the leased premises or any part thereof shall be condemned and taken for a public or a quasi-public use, then upon payment of any award or compensation arising from such condemnation, there shall be such division of the proceeds, such abatement in rent payable during the term or any extension of the term hereof, and such other adjustments as the parties may agree upon as being just and equitable under all the circumstances. If the City and lessee are unable to aqree within 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 determined by arbitration provided in Section 21.20.300 hereof. i `i I; ---- .- ~ ~i ~ } ~ . I ~ ~ i ., I f ~i 0 ~§ , ~ ' ., ~ . 21.20.150 Protection of Subtenants: To protect the position of any subtenant(s hereafter properly obtaining any interests in the leasehold estate granted lessee hereunder, the City agrees that in the event of the cancellation, termination, expiration, or surrender of this lease (the ground lease), the City will accept the subtenant, its successors and assigns, as its lessee for a period equal to 21-19 ,,._ _ _ ~ ~ - ~ _ __ , _ _ ^ ~, .__~ - - 4.. , . ;;~ ~ ' the full unelapsed portion of the term of the sublease, including any extensions or renewals allowed therein, not i exceeding the term of this lease, upon the same cavenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this lease, provided such sub- i tenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to es- . tablish direct privity of estate and contract between the City and the subtenant with the same force and effect as though such sublease was originally made directly between the City and such subtenant; and further provided such subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage, deed of trust, or security assignment to which such leasehold estate is subject, except the payment of rent under the ground lease and the payment of any debt service under any such ; mortgage, deed of trust, or security assiqnment. (Ord 531) 21.20.I60 Successors In Interest: This lease shall be binding upon and shall s.nure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations or assiqnment as are provided for herein. (Ord 531) ~ • 21.20.1~0 Governing Law: The indenture of lease shall ~ be governed in all respects by the laws of the State of Alaska. (Ord 531) ~ :: :} 0 ;r ~ , , 21.20.180 Notices: ta) Any notices required by the lease shall be in writing and shall be deemed to be duly given only if delivered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth above or as corrected by written notice in accordance with KMC 21.15.080. The City shall also mail a copy of any notice given to the lessee, by registered or certified mail, to any lease- hold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such nwrtgage, deed of trust, or security assignment. (b) Any such addresses may be chanqed by an appropriate netice in writir,g to all other parties affected provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least 15 days prior to the giving of the particular notice i.n issue. tOrd S32) 21.20.190 Fire Protection: The lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled qrass, brush, or other fires on leased lands, and comply with all la~ws, regulations, and rules promulgated and enforced by the City for fire protection with the area wherein the leased premises are located. (Ozd 531) t- ...- -r ~ -~ r ~ - ~--- ~ ~ ~ ~ .- ~ 21-20 ~ ~ ~~' i '_ ° - I ,, ~ ~- ~ ~- -. ~- ~,,-------_ -- ~~.~_------ - --- ° - . _ . . ~..._d_ _. .~ .,.._---- -•---. . _ . ~ .e _ __ _. 21.20.200 Inspection: The lessee shall allow authorized ~ representatives of the City to enter the leased land for inspection at any reasonable time. (Ord 531) ~: 21.20.210 Personal Use of Materials: All coal, oil, gas and other minerals and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title II, Division I, Chapters 4, 5 and 6 of the Alaska Administrative Code are excepted from the operation of a surface lease. Specifically, the lessee of the surface rights shall not sell or remove for use elsewhere any timber, stone, gravel, peat moss, topsoil or any other material valuable for building or commercial purposes; provided, however, that material required for the development of the leasehold may be used if its use is first approved by the City. (Ord 531) ~ 21.20.220 Restrictions and Reservations: The lease shall contain such restrictions and reservations as are necessary to protect the public interest. (Ord 531) 21.20.230 Waste and In'u to Land: If any person shall commit waste, trespass, or other njury upon City land, the person so offending, in addition to being civilly ~ liable for any damaqes caused, shal]. be deemed guilty of a ~ misdemeanor. (Ord 531) --~ J 21.20.240 Warranty: The City does not warrant by its classification or leasinq of land that the land is ideally suited for the use authorized under said classification or , lease, and no guaranty is given or implied that it shall be profitable to employ land to said use. City bears no responsibility for any water erosion of land. (Ord 531) 21.20.250 Approval of Other Authorities: The issuance by the City of leases does not relieve the grantee or lessee of responsibility of obtaining licenses or permits as may be required by duly authorized Borough, State, or Federal agencies. (Ord 531) 21.20.260 Title Restrictions: All leases or sales of property shall be made subject to restrictions and reser- vations in the patent, deed, or other instrument under which the City holds. (Ord 531) 21.20.270 tnsurance-Hold Harmless: Lessee shall covenant to save the C ty harmless from all actions, suits, liabilities, or damages resultinq from or arising out of any acts of commission or omission by the lessee, his aqents, employees, customers, invitees, or arisinq from or out of the lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected there- ~ 21-21 / ~ 1 ~ _~ I` - ~,,,~ ~_... ; - - - --- - _ - - ~~ . ~ f .> , i , i~ ~. ~?~,t 3 .' .. _ _~ -- ,~ ~~ ~ ~- _ . _ _ _ _ .. T r « ~ ~~ with. In this connection, the lessee shall agree to arrange any pay for all the following: (a) Public liability insurance protecting both the City and/or its agents and the lessee, such insurance to be evidenced by a certificate showing the insurance in force. The amount of such public liability insurance shall have limits not less than those known as $250,000/$500,000/$100,000. (b) Liquor liability (where applicable). (c) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City, if applicable. (d) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than 30 days written notice to the City of cancellation or expiration or substantial chanqe in policy conditions and coverage. (e) Lessee agrees that waiver of subrogation aqainst the City shall be requested of lessee's insurer, and shall be provided at no cost to the City. (f) Cross Liability: It is understood and agreed that the.insurance afforded by this policy or policies for more than one named insured, shall not operate to increase the limits of the company's liability, but otherwise shall not operate to limit or void the coverage of any one named insured as respects claims aqainst the same named insured or employees of such other named insured. (g) The insurance procured by the lessee as herein required shall be issued in the name of the lessee as herein required shall be issued in the name of the lessee and the City by a company licensed ta 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 30 days written notice by reqistered or certified mail to the City by the insurance company; and (2) Lessee shall be solely responsible for payment of premi.ums and that City shall not be required to pay any premiums for such insurance. (h) The amount of insurance coverage required above may be subject to review for increase at each 5 year re- negotiation of the lease. (i) Upon review by the City, the lessee may be required to obtain such other insurance protecting the City and lessee that may be necessarily required or advisable. (Ord 531) 21.20.280 Insurance of Users-Subtenants: Lessee, for its own protection, may require bona fide public users and subtenants to execute agreements holding lessee harmless from actions arising out of user's operations and may require such bona fide public users and subtenants to show proof of public liability insurance covering their operations on the demised premises in such amounts as will adequately protect them. (Ord 53I) ~ J ~ :' - ; ~ 21-22 _-'~_ -~ _" -~ _ _ _ _ _ _ __ , .,,~_ --- __ _ _ - ~ _~- --- ----. -~ _ __--~-~ _ . ~; 21.20.290 Annual Report: The lessee may be required ~ to submit to the City each year on or about March 15, an ~ annual report on its operations, particularly those services and facilities offered to the public, whether on a fee or non-fee basis. (Ord 531) 21.2t1.300 Arbitration: In the event the City and lessee shall bt~ unable to agree as to any matter provided for in thP lease except as to the amount of the 5 year rent redetermination amount which is handled pursuant to KMC 21.10.130 such dispute shall be determined, upon request of either the City or the lessee, by 3 disinterested arbitrators, (unless the parties can agree on one arbitrator) designated by the American Arbitration Association and in accordance with the rules of such Association. The arbitrators designated and acting under this lease shall make their award in strict conformity with such rules and shall have no power to depart from or change any of the provisions thereof. The expense of arbitration proceedinqs conducted hereunder shall be borne equally by the parties. The proceedings shall take place in Kenai, Alaska, tir.less otherwise aqreed upon by the parties. (Ord 531) 21.20.310 Modifications of Existinq Leases: Leases shall only be modified to that extent deemed to be necessary to protect the public's interest. (Ord 531) ~ 21.20.320 Unauthori2ed Removal of Material Prohibited: ~ Any person, firm, or corporation who without wr tten authority from the City removes rock, gravel, or other material from the lands owned by the City without the express consent of the City shall be deemed quilty of a misdemeanor. Any criminal action taken against such person shall not preclude the institution of civil proceedinqs by the City. (Ord 531) - ~ 21.20.330 Removal Not Authoriaed By Lease: No deed or : ' lease granted by the City to any person shall contain terms ~,- ~i or be construed as granting any right to remove material ,~ from City lands. (Ord 531) 21.20.340 Dis osition of Ri hts B Council: In recognition that conditions may exist rom time to time whereby use of such lands and the material comprisinq the same may be beneficial to the public interest and promote the progress and development of the City, applications for the use thereof may be received and considered by the City Manager, providing such applications fully disclose to the City all material facts and plans for the proposed use. Such applications shall be consistent with the Comprehensive Plan of the Citiy and referred to the City Planning Commission for its recommendations. Disposition of such applica:ions shall be made by the Council after recommendation from the ~ Planning Commission and the City Manager. (Ord 531) 21-23 ! T _ _ _ - ~_ _ _ ~. r -- -- --~ . _ _ - ' ~ -~ I . - .~_~ ~.~:. _ • - . ~ ~ 21.20.350 Penalties: (a) It is unlawful for any ~ person to violate any of the provisions of this chapter and ^, ~ ~ upon conviction thereof shall be fined in an amount not ' I exceeding $100. Each day such vialation is committed or ~ permitted to continue shall constitute a separate offense ~ and shall be punishable as such hereunder. ! tb) In addition to or as an alternative to the above pena2ty provision, the City may impose a civil penalty not ~ to exceed $100 per day for the violation of any provision of ? this chapter and seek injunctive relief for any infraction thereof for which the offending party will be charged for reasonable attorney's fees and costs incurred by the City as awarded by the court. ! (c) Nothing in this section shall be deemed to restrict , i the City's exercise of any of its rights pursuant to the lease agreement including those enumerated in KMC 2I.15.080 ~ i and 21.15.09Q hereof. (Ord 531) , ~ 21-24 ;~ ~ ~ : ,~ ~2 1 1 ~ ~~r,-- :-'~ ~ ~. ;. ~ i _ ~ - ~ -- - ~ - ~ _ _ . ~ • ~_ _ _ _ . r = _~ i T . ~ ~• - ~ - - - .r..s :. . _ _ ~ ......T.~- .. ..~...__._.. . ~~. _r....~._....'- - _-' • ..,,- - -~ ' ` ~ - ~ - - ~ -- . ABT ORDINIA.iC~ OF THE COUNCIL OF THE CITY OF KEfJAI, ALASKA • ,~ CODIFYING INTO TFiE 1979 KENAI CODE THE PERSOiJNEL ORDIAIANCE ,. ,. OF THE CIIY OF KENAI AS TITLE 23. •~ ~ 't • ~.'• WHEREAS, the Ci.ty of Kenai has recently updated its Code in ~ ~ ~ the 1979 Kenai Code, and ~ •: ..' ~ WHEFtEaS, certain changes to the Personnel Re ulations have y - ~• .+• ,-. _ ._ ~ .- ..; ---~. ' ~~' F~ '~~ ~4 ,, -..~::::_, - . . . .. ~ . , . • , CITY Ok' KENAI ~~ ORDINAPiC~ NO. 537-79 . ~ g ~. been requested by the City Administration, and ~ WFiEREAS, the City of Kenai has a comprehensive personnel ~~ ordinance which up to this ta.me has not been codified, and • t4HEREAS, it wou2d be fitting to codify this ordinance so '' . ~ that employees and the public might have the ordinance and its numerous amendments and updates at their fingertips, and ' WHEREAS, vari.ous older sections of the prior Kenai Code have provisions dealing with merit system (1.60.040); Personnel ~ Board (1.60.050, 060, 070 and 080) which sections have been replaced in spirit and function by the provision of the new personnel ordinance and its amendments thus making it unnecessary to retain these older sections in the Code, NOS4, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CZTY OF .' KENAI, ALASKA as fol2ows: ~ - • Sect~on l: Sections I.60.040, 050, 060, 070, and 080 o£ the 1979 Kenai Code are hereby repealed in their entirety. Section 2: There is hereby adopted Ti~le 23, Pezsonnel Regula~ions, in the form as attached here~o and made a part hereof . PASSED BY T1iE COUNCIL OF TFtE CITY OF I~ENAI, ALASKA this ~ 6th ~day of February, 1980. - vi;3c~vm o~ uLiLr.~, ru~~oR ATTEST' : Janet t:helan, City C].•3r}; First Reading: November 7, 1979 Second Reading: Hovember 21, 1979 Third Reading: December 5, 1979 Fourth Reading: December 19, 1979 Fifth Reading: January 16, 1980 Sixth Reading: February 6, 1980 Effective Date: March 6, 1980 __- _ _-- - - - _ , - - - --- - - - - ---- -- ._ ; ^ t -~~~~.,-;:~.... - ~f.:_-=-:~:_-~~::.~:.._.:_.~~:;»:.-~_,Y~ - ~~ !' ~-_' ._..; . ._ :.~s-.._ ~r_,.;~- _ . ,.___ . ~. . A ~ . ~{_ ; ~ ~ • '• • ' • _ ~ ~ PROPOSED AMENDMENTS TO ORDINANCE 537-79 r , ~ AMENDMENT #1 ~ 1. Move to amend Section 23.35.040tb) to read as follows: "(b? The following steps shall be fallowed in submitting and processing a grievance: (1) Step 1- The aggrieved employee or group of employees shall orally present the grievance to the immediate supervisor within 5 working days of the occurrence, not ~ including the date of presentation, and the supervisor shall qive his oral decision to the employee or group of emplo~ees within 2 working days of the presentation not countin the da of resentation. - (2 Step 2- If the grievance is nat settled to the , satisfaction of the em lo ee or rou of em lo ees in Step 1 and appeal_s.s esired,_ it shall be prepared in . detail, shall be reduced to writinq, shall be dated, shall be signed by the aggrieved employee or group of employees and shall be presented to the department head within 12 [SJ working days after the date of the ~ occurrence ISUPERVISOR'S ORAL REPLY IS GIt~ENJ, not including the day of the occurrence [TIiAT THE ANSWER IS - ,~ GIVENJ. The department head shall qive a written decfsion to the employee or group of emplovees within 5 workina days after its presentation, not countinq the -• day of presentation. (3) Step 3- If the grievance is not settled to the satisfaction of the employee or group of employees in ~ Step 2 and appeal is desired, the written qrievance shall be presented along with all pertinent correspondence, :ecords and information accumulated to date to the City "- Manager within 7 working days after the departanent :'.t F: head`s response is given, not including the day that the response is given. The City Manager shall meet ~ with the aggrieved employee or group of employees, the ~ immediate supervisor, and the department head. The ""f' City Manager shall reply to the grievance in writing i within 7 workinq days of the date of presentation of `~~° the written grievance. [THE DECZSION OF TFiE CITY i~ t i 1.. MANAGER SHALL BE FZNAL AND BINDING ON THE EMPLOYEE OR ~ , ~ GROUP OF EMPLOYEES.~ I° ~ (4) The decision of the City Manaqer shall be final ; q group of emplo ees '~-I and bindin on the employee or `' except that when the City Manager lays of , suspends ~ without p~y or more than 0 da s, demotes, or removes =---T ~ any regular that is, non-temporary) employee after any , ,~ - - , i -=.- .i ~ _ - r, I / .~ ._ :~ , . ~ ! . ;i I - . -_ - --» - _.._.. ~._ .~~_ __~_....- -, _..,--____'. _~._. . - . ~ ~. .".f'.. '~ . ~ ' . ~ ~~~, ~. :4 , . ~ '` i ' . ~ ` ~. r: ~~ ~ ~ }, ' ~ I ~ ~;: : , S ~, ~, - ~ ;. ~ ~ ~. , " '.; ~ .; -,~:- . ~, '~. 1 , 'f ~; "'~; ~ ~l ~ _ ` ' /• r r _~ r' ~'t . ~ ` . - ~__ . ~ ~ -_ ~Y~ r_ .. ?-i~.... .~.__ '_ .. .-. ~ ~ - -__ . ' . _ - -.~~ - . _ _ _ . _ ..._ ~_.. __ . .. _ . .. ~ , _'.._.__,..-- ~~~.J~.__ R / • , ~ • . ~ y .~ I I . ~ probationary period to which said employee is subject, the written reply required in Step 3 above sha 1 be delivered persona y, or y Reqistere , Certified, or similar special mai wit a return receipt zequeste , to t e employee, w o may appeal such dec sion to the Personnel Board in writing. Such appeal may be in the form of an informal letter or ot erwise, iled with the Secretary o the Board, or with the City Clerk for transmittal to the Board, within 10 working days after receipt of the notice of the lay-off, suspension, demotion, or removal (which a~peal may thus be filed either before or after the time of effectiveness of the lay-off, suspension, demotion, or removal.) As soon as practicable after ~ _~ mendations ta the City Manaqer, who shall then . a final decision in writs.n re ardin the a ellant`s f, suspens on, demotion, or removal, as the case . x~otiticat reason or reasons, or zor anv other reason or .~~' , veto the lay-off, suspension, demotion, or 1-1in ~n4~ ~~ 1~~r 4~1~e I~i ~is M~.~~w~.r ~L.sl ~ L.s ~ a.uvs ~ul . 2. Move to amend Chapter 23.35 by addinq a new Section 23.35.050 (and renumbering the present section 23.35.050 and all subsequent sections) to read as follows: 23.35.050 Personnel Board: ta) There shall be a Personnel Board consisting of 5 members appointed by the Council for overlapping 3-year terms. Initially one member shall be appointed to serve until July 1, 1980, 2 members shall be appointed to serve until July 1, 1981, and 2 members shall be appointed to serve untiZ July 1, 1982. Members of the Personnel Board shall be qualified voters of the City, who are known to be in sympathy with the merit principle as applied to the public service, and who are judi.cious and fair-minded, and may not hold any other office or position ii~ the Ci~y qoverni-ient. Four unexcused absences by any member of the Personnel Board shall constitute an abandonment of his position causinq a vacancy on ~he Board. The Council, after adequate opportunity for a public hearing, may remove a member for the good of the service, and the vote shall be by yeas and nays and shall be entered in the minutes. The ~/ ~ i 1 ~ '' - _ , ~ 4 d ~ . ~ ~ i I -_ 1 ~ ~-..- ,~..~. ' ... ' ~_' .. ~ ..-~- - -.~ ~-.~ ' ~ ' ~.. _ . . . f ` ~ _ ~ ~- ~~-= ~- t,,,r'~ _ _, .. _. ... __ ~ =~'"p._=_,~. ..r.~c-. . ~ _,.~ ~.~ - _ .y_ ._ ._ .,. . ... .._.. ..__ . _ ~ _~ ~ ~`` ' ~ • • • -. I ~ ~~ ~ r- ¢i~ o , ~~ . r ;`~ a ~ ~l , ,l~" jI -- -_ ,~ ~ • ) ~ 4. Motion to amend Ordinance #537-79 by addinq a new Section 3 to read as follows: "Section 3: Since no Personnel Board has been in existence since the adoption of the Kenai tdunicipal Code, any employee disciplined since November 3, 1979, the effective date of the Kenai Municipal Code, who has filed written notice of appeal required herein prior to the appointment and organization of the Pers:onnel Board requixed herein, shall have that appeal heard by the Personnel Board." ,. ' - , . i `} ~ ! ~1 ' l ', i - -~ ---~ ~~ ~ _ .._._-..,r__~..~.~,... -_ . _ _ - - ._ ~~ /~ - Council shall fill vacancies for unexpired terms. Members shall serve without compensation. (b) At the time prescribed for the beginning of a newly appointed mGmber or as soon thezeafter as practicable, the Board shalY elect a chairman, a vice chairman, and a secretary, and the secretary need not be a member of the Board. The Board shall determine the time and place of its regular meetings, and the Chairman or two members may call special meetings. The presence of 3 members of the Board will constitute a quorum, and action may be taken by a majority of the members present. The Chairman shall have power to administer oaths and affirmations. (c) The Personnel Board shall have powar to~subpoena officers and employees of the City and other persons to testify and to produce documents and other effects as evidence. 3. Move to amend the fifth "WHEREAS" of Ordinance No. 537-79 to read as follows: ~~ ~ "WF3EREAS, various older sections of the prior Kenai Code have provisions dealing with the merit system (1.60.040) and the Personnel Board (1.60.050, 060, 070 and 080) which sections have not been observed [REPLACED ~ IN SPIRZT AND FUNCTION BY THE PROVISIONS OF THE NEW PERSONNEL ORDINANCE AND ITS AMENDMENTS THUS MAKING IT UNNECESSARY TO RETAIN THESE OLDER SECTZONS IN THE CODE,] and which should be integrated with the Personiiel Ordinance," l1 ~ ~ ., ~ ! , ` . •~ . ___ _~ __ j ~_ _ : : - -- -.. - •-. ,_.,.....~.. _ ~ i Move to delete Paragraphs 2, 3, and 4 of Amendment ~2 and to amend Paraqraph 1 of Amendment #1 to substitute the following wording for Section 23.35.040(b)(4) therein: "(4) Step 4- If after qoing through the above Grievance Procedures the emplayee or group of employees feel that a fair and appropriate response haa not been made to their grievance, the employee or group of employees may file with the City Clerk within 5 working days after receipt of the reply from the City Manager a written notice of appeal to the City Council, which by authority of the Charter has responsibility for appointment, suspension, and removal of the City Manager. After receipt of the appeal, and at its earliest convenience, the City Council shall adjourn into a Commission of the Whole and sit as a Board of Appeals to hear the qrievance appeal from the employee or group of employees and allow equal time for rebuttal from the Ad- ministration (i.e., Supervisor, Department Head, and City Manaqer). This appeal shall be heard in executive session unless the employee or qroup of employees elect that it be heard in public session. After careful consideration of all inforn-ation presented, the Council will render a decision efther in favor of the employee or qroup of employees or upholdinq the decision of the Administration. If the Council finds that the City Manager acted with malice, for politfcal consideratfons, or for any reason other than the good of the City, to the detriment of the employee or group of employees, then the Council will take any action it deems to be advisable to correct, discipline, suspend, or remove the City Manager under the provisions of Section 3-1 of the City Charter. , I ~ ! ~ . i . I i ~ i ~ I ~ ~ ! ~ ' p ~ ~ . i ~ 1 . I 1 , ~ ~ ~ ~ ~ ~~„s _ _ ~ - ;,---~ > > _ . ~ - -~ . _ ,_--. -- ---~-~ . ' : ~„ - .~..i a ..-fL.i.~.i .'/.:(:LwU~ /. - I - - - ' _ _ _ " __"'.. .'"" "_'--.~'°M' ~ ~ ' - ' ~ • .•_~. • • ^ AME:VDMENT # 2 Move to amend Section 23.50.010(3) and (e) ta read aa follows: CLASS CODE CLASS TZTLE RANGE (d) PUBLIC WORKS 401 Buildinq Inspector 15 4Q2 Shop Foreman 15 403 Maintenance Supervisor 15 404 Treatment Plant Operator 13 405 47ater & Sewer Operator I 12 406 Mechanic Helper 12 4Q? Equipment Operator [MAINTENANCE WORKERJ I ** 11 408 Mechanic 14 409 Equipment Operator [t4AINTENANCE WORKER) II ** 12 410 Water & Sewer Operator II 13 411 Chief Animal Control Officer 10 412 Ma ntenance Worker ~ ~ **Duties include any activities directed for maintenance of City properties in addition to equipment operation. (e) SOCIAL SERVICES 501 Librarian* 14 502 Sr. Citizen Coordinator 8 503 Parks & Recreation Director 16 I504 ANIMAL CONTROL OFFICER lOJ ~ ~ . ' -- -----r __ _ - ~ ~_. r ~.- _ -~-- r ~~ _ _ r i--. -"- -~r - ~ i _ 1~1"~ - " - - ,' ~ .... • - -- I - - _ __ . ~ . ;~:'w_~ :..~,. ~ - - - - ~ ~ -- -- - -.-1='~ _ jy::~- - - J • • ~ . ~ ~ .~,~ _ ~ . ~ i ~ „ AMENDMENT #3 ~ Move to amend Section 23.55.060(a) to read as follows: ~ ~ 23.55.060 Stand-by Pay: (a) Where employees are reqularly placed on a stand-by status on a day when they are scheduled to be off duty (FOitP- ~ATURDAY, SUNDAY, OR HOLIDAY~, they shall be entitled to [A MIrlIMUM OFj 2 hours pay for such stand-by status. (IN THE FJENT OF A"CALL-OUT," OVERTIME SHALL BE PAID FOR HOURS VJORKED BUT NOT LESS THAN THE NlINI24UM OF 2 HOUIiS. J 2. Move to amend Chapter 23.55 by adding a new Section 23.55.070 to read as follows: "23.55.070 Call-Out Pa s when employees are called -~. out to work outside o normal workinq houzs, they shall be paid a minimum of 2 hours pay at overtime rates. Overtime ~ hours worked immediately prior to, or after, normal working hours will not be considered as a"call-out." I I ~ 1 ~ w ~'._ _ _. ~ ;~' ~ ~ 1' ~-:~_ -- =-'- ;,>-:_~.:..~. ~..,..... ~1 ~..~ . `( . ~ , • • I -~ ~ ~~. I r~ P i AMENDMENT #4 !~ ~ ~ ! ~ 1. Section ~~ Motion to amend the 23.25.060(b) to read introductor as follows:Y paragraph of (b) When employees are required to work overtime, department heads shall authorize, at~tion of the emplo ee, [COMPENSATORY TIME OFF ORj overtime pay or compensatory time off equal in pay value to the payment zne employee would nave received for the overtime under the circumstances. [DETERMINATION TO GRANT CASH OR COMPENSATORY TIME OFF SHALL REST WITH THE DEPARTMENT HEAD, CZTY MANAGER OR ACTZNG DEPARTMENT HEADS, WHO SHALL GIVE DUE CONSZDERATION TO DESZRES OF TFIE EMPLOYEE, TO BUDGETARY CONTROLS AND TO TXE PROVISIONS OF S7BSECTION (c) OF THIS SECTION.j Rates for over- ti~e shall be:" ~__ .tl 2. Motion to amend Section 23.25.0~0(c) to read as f follows: "(c) Con+pensatory time accumulation shall not exceed 40 j8j hours. [ONCE THZS MAXIMUM ACCUMULATION HAS BEEN REACHED, A~ All overtime compensation earned by the employee • while he has`the maximum accumulation of com ensator time shall automatically be paid in cash. ~ 3. Motion to amend Section 23.25.060(dy to read as followss "(d) For some positions, overtime is considered part of the job responsibility and, therefore, does not justify . overtime pay. Cash compensation for overtime shall not be qranted to the followinq positions - Depar~ment Heads or exempt personnel to which this provision applies. In lieu of payment, time off is authorized with a maximum accumu2ation of 40 [8] hours." ~_ ~ '~ ~ ! I.~._'.. , ~ ~-- . .... ~ . , .. I , : , . ~ - , _. .. - -; ,- --- - - --___~ .z~= "'-~.~ ,..,;,,x..a-<.,.;:...~.. ..,~:,;~.--1~-- ~~ ~:;..•X~,:,_ -- , ~~ . ~' ' _ . ; ~! ; ~. . ;. _ : : . ' I~ ~~~s ;- ~ ,. ~ ,. . ~ f 1 ' . . ;.. ',.~.; ~ •. ~ ~ ~ j_ ~ 'Tl ~ ' _;:: :-_: ~ ~ ._-- - ~ 1, t-.~ i f tr!, ~ ~ i I I~ .~ ~~ ~ ~ __ --~ __. _._. ;~~, . •~ , . -~_-~ _ _ _ _ __ _. T. yr-_ ~.'~~ ' ~ ~.~ " \-T_ ~~•~- ~, . , • _ ' - ~ - : a -- - _ _ .~~r'Jir~..: r_s.v~.r. i ' '-~~. " " ~ ' ___ _ _-_ _ _ _ _ _ _ ~ "'_1 _~ . ' • • • • • ~~, ~ ~ ~ I .~ ~ . . ~ ' 'I ~ - ^ ' ) AMENDMENT #5 ~ ~ 1• Motion to amend 23.55.020(b) t ~ ~ o read as follows: (b) O ~~ ~ ~ n satisf period, each ~plo actor completion of the probationary I yee $hall be th ' , , ~ ~ ~ , e anniversar advanced one step. At c3ates date of hire and at ~ succeeding anniversary . subject to evaluation, em lo ee ma step increment p Y y b ~~ . e advanced a i B TO C TO D TO E TOHF IS ONE Y N~~~LY BE~EEN STEPS EAR. BETWEEN STEP$ g THE TINlE NpRM~LLY l~! TO AA Tp g$ TO CC IS 2 y~pg~ a shall be aid to em lo •~ ~h9evity ') for over one ees who have been i -~~ ' ~ ' i --- , n Sfe ear at the rate of 2$ of S~e CC each ear of servi ce in St CC a for ~ i , e CC. - ; F~' ~ Z• Motion to amend Section 23.30.030 d ~r~ ~ () t I 1 ~ ! o read as follows: ~ "td) upon completion f , " ~ ~ o the probationar employee shall be considered as havin y Period ~ ~ the g s i e ' ~ ~ , at sfactvril ns for ~he Y dem- .,~ regular status position, shall fon t 1 . . e st qain informed through his $u~ in pay raise, and shall b ~ ' , , ~' e so GAINED REGULAR STATUS BY~ ULY~1, 1977 EMpLOYEES WHO HAVE NOT pROBATTON E TH II I „ ~ , , E DATE THAT ORIGINA NDS SHALL BE THE ElulpLpyEE S FOR EMPLOYEES WHO HA L `~' VE ~I~RSARY ~ ~ I i ~ - - DATE. GAINED gEG~R S I977. JULY 1 SHALL BE THE EMPLOYEE'S A TATUS BY JULY 1, ~ PROMOTIpN ~ -r~ ~ ~ ~ . OR TRANSFER.J ' NNIVERSARY DATE, UNTIL ~ ~ ~ I ~ , ~ . • ~ ~ ~ - .;.._~ ; • .~ ~ I • ~ ~ .~ ,_, ~ i ;~ ~ ; i ' i ~. ~. : ~ i ~ ~ ,~ _ f ~ , ,+ ~• ' • ~ : j, ~ r1 . .; s' ,, . . I ~ r- -~ = ;;, ,,. . -i--=~'= ; - --- ~ , - , - _ ~ ~/ , , __ . _. ~ ;I ~ ~ ~ ; ~ ' ~.: ~.. ~.~~1 ~ . . ~ , , . ~I !~~ ~ ~ __._.__ - ^o...sv~..~. . "_.,~ _ _ _ _ _ _ '_ _, . . __ . _ __" _' _ _ ' _ _ _ - _ __._ . _ . »3 ...-._ __'__ .. _ . ~ ~ . . _ ~ _ ..~- ~ - . _ _ . . . __ _ . _ ,~:-.~c;,».e.~.. ~_.. -.'-_ ...%^-._-~-__ . - _ _ _ _ _ . - ~ ' ~ ~ ~,.-i...( ~ ' i ,(~' :' . ' ,, ` .~ . ' . ' ~ I ~ '' ~ t, '~:.: ; I ~.~ ~~'~ - j 1 ~ ~ , ~ ~ ~ '. ~~ ! ~ . ~, I ~ ,: ~~~ ~ ~ ~ `~~~~~~','~ ~ 1 ' a`-'-;~~ ~ yll. i ~ ~ , ~ ' 4~ ~ . . , . .~ j" - -yf S ~ ' ' ~ ~ .i. ' a.i: ~ ~ ~ S'1, ~ ~ i ~ ~ .~~' ~ ~1~:` •r~ t' . _' _ . - ,..___.~._~,..._ _ . _ ~, -~_-_- ,-~ T _ _ ___ _. R. T r ~_ t` _ . • + . ~_' . . ~, . __ ' -w....~... r:f.: ~ ' - ~ - ~ ~_~ -_ _ _ . .. . '_ _ _ _ " _ '.__ _ ~.- ~. _ '" . .. . . . i ~v~. i ~1 ~ -- - AMEI3DMENT #6 1. Move to amend Section 23.30.030(c) to read as follows: "(c) During the first 6 months of original probationary period, a new emp~oyee (including police and fire? sY.all not ; be eligible for Y~'Cation benefits, bu~ he shall earn credit from the first day of employment[.J, and may take ~ leave for sickness during that period to the maximum of the 1 amount of leave accrued." _._ ~ ~ ' ~ r~ .,. - . ~ ~ , : ~ . ' ~ ~~ . _ ~ ,. , ' ° ~. , %~ -r~~:~~ ~ , , ~ ' , ~~ , ~ ~~ _} 1., :<.'. . ~ i _ '( ~ ~ . ' ~ :~~~~ i - . .. . . . ' - - - _ x ::%s~ ~: ~=.~~ ~-._.^~.._~-~~--- - ~-- --_ "'--`--------.` -___ _ . - --~....~'. _~..__,_ - ,~~. ,. _..~. _ - . ' 1. ' ~' ~ . . ~ . ' I . -. ~,. i : ~ ~ •: 4 r .~ ' ~ ~ • r • ~ 1 i J r - • n_. .P..,i,.: ' . ,,~; :l ; ~ , ~, ' ~ ~ i- .;~,: - ; j ~ , - -~,f:: ~~ ~ . •, .`; :. ` ~ ~, .,.~ ~ i.' .s ~, `. ~, ",. ~ `(~, ~ .i -~. ~~ ~ , f --; t, l ~ 1 , '~ .~~ ~T _ - ~ _ i~.^.`Fl:.~«i~~I~ -" ~-_ _ _ " . ~1 -- .. ~ "~~~. l.7 . . }., ' AMENDMENT ~7 ~ ~' . T r ~ +. ~.~-t ~ ~ 1. Motion to amend Section 23.55.030(b)(3) to read as follows: "(3) Water and sewer utility: certification in accordance ~ with the State of Alaska Certification Standards: RECOGNZTZON ENTITLEMENTS FOR WATER AND SEWER CERTIFICATION ARE:J . W & S II $180/year _ W & S III $300/year ~. i W~'~IC~3a+s.eva _:.Y?s~t~±~.~'1__.x~~i~~'-11~+-~.~`?i7Lx..'~'... ., ~__._ ~,._. _v.u.._. .__- . • _' _.. - -•-. __ _. _ "_ "._._-__~ t~_ r'~T.. '~'~ ,.~ _ _ ~~"~ I 1 ~ ~ I ~ i . ~ . • ~ ~ ~ . , . I ~ i ~ ' ~ Y ' ' . - ~ I I ~ I ~ ~ ~ J • . . . . __ __ ____ . I I ___ ~ ~ I _ -- _ ~ 1 ' , ~ • 1 ' I ~ ~ ,i `- -.,~ I . . .~ ~ ~ ,~ j' ~ AMENDMENT #8 Mave to amend Section 23.40.070(a) and (b) to read as follows: "(a) The City shall reimburse an employee for jl/2] the full amount of tuition for courses directly related to the e~ployee's work and conducted outside the employee's regular working hours, provided that: (1) Funds for such expenditures are available in the current budget, (2) The employee has made application for approval of the course [AND TUITION REIMBURSEMEI3T] to his department head [AT LEAST 10 DAYS PRIOR TO THE REGISTRATION FOR SUCH COURSE) and the department head subsequently qives such approval, and (3) The employee submits evidence of satisfactory completion of the course, and (4) The employee is not receiving reimbursement for tuition from any other source. (b) Courses which are only offered during regular working hours may be approved by the department head with full tuition re-imbursement therefor provided time off can arranged conveniently and reasonable arrangements can be made to make up time off." . _ . -~~___~ _ _ ,_~: - , , _ ,. . _.~__.,,.. - - ~ _ _ .. ..__ _,.. __ . _ _ _~:~ _ _._-------- ;-~~~~~~. < _«: _.. ~, _ ,_ __ _ ~_T ~_-.~~ . _~ _ • - - -- ---- - ~ _ - -- ..,._.;,~ ~ ~ . ~ ~ i ~ ~ .,. - : - I , , ~ , _ ~ ~ ~ ~ 1 ~ ~ _, ~ ,.,~i ~ _!~~_____ _ _! __T _ _ _ r. v. -~ - ~, ~ 1 . _. . . -_... . ~, _. ~ -:~ ~, ~ ~ ~ ,--~r l' ~..«_ ~.:: ~~_.:..: _ .,r. .- r- _ -~ ~ r. AI~lENDMENT # 9 . Move to amend Section 23.40.060(b) to read as follows: "(b) Military Leave: An employee who has successfully completed the probationary period and who is a member of the National Guard or a reserve component of the Armed Forced of the United States or of the United States Public Health Service shall be entitled, upon application, to a leave of absence from City service for a period not exceeding 15 calendar days in any one calendar year. Such leave shall be granted without loss of time, pay, ((DIFFERENCE BET~titEEN REGULAR AND MILITARY PAY INCLUDII3G COLA, BUT NOT INCLI3DING OTIiER ItEGULAR ALLOWANCES)] or other leave, and without impairment of inerit ratings or other rights or benefits to which he is entitled. Military leave with pay shall be granted only when an employee receives bona fide orders to temporary active or traininq duty, and shall not be paid if the employee does not return to his position immediately following the expiration of the period for which he was ordered to duty." :,~. _ _ .: ~=~:~:~t~.~,:~;_:~:_.-_ ~~~:,,~.--- ~~ .:. `. ~_ /~' T .~_. 6~ ---_=--~~ r z` ,~ --- _ _ _ _ _ i- U. ~ .. ~ ' ~ AMENDMENT #10 Move to replace the wording in Section 23.55.010 with the following: "23.55.010 Exempt Salaries: Salaries of City Manager, City Attorney, and City Clerk shall be negotiated by the Council (or by a committee and approved ~ by the Council) and may be set by motion of Council." , , . _~- ~ ;~' ~ -~ '' r1 ~ ~, _" -i- " 1 ~ ~ i ^ ~ ~ -r-+~ -T---w-----~ - i ~s - I . .a: j c.r..wan_L~ - ~ __ - - - AMENDMENT #11 1. Move to amend Section 23.55.020(a) to read as follows: "(a) Salar structure b rade is hereb established in accordance wit the table that is appended to this Title and wh ch may be amended, modified, or replaced by ordinance in which case a copy of the amended modified or replacemen ' table shall be substituted for the prior table and laced in ~. ` the Code at the end of this Title." [(TABLE ATTACHED)] 2. Move to amend Section 23.55.050 by substitution of ~ - ~ wording to read as follows: ' "23.55.050 Hourly Rates--Part-Time Emplo~ees: Hourly ~ rates for part-time employees (with various experience, skills, and responsibilities} are hereby established in - accordance with the table that is appended to this Title and ~ which may be amended, modified, or replaced by ordinance, in ~'. ~ which case a copy of the amended, modif.ied, or replacement ~ table shall be substituted for the prior table and placed in ~ ~. . ~ ' i the Cade at the end of this Title." ; , , U ~"'. {a I (' i.', . ~") ' ,/i ~' ~' i ~ _. 7 'L O- il f • -- _ / I ~ ~ . ' :.O "_ . ~ -. -'.... ,; ~_. _ ___ . ' '. _. ~"M~'~`id1:.~ _ . __ _.. . _ . ~"`° __.~.- __. . '_ . ___ ._"' _"_ _."_ _. . ., . .. ~ '___'__...~.-;+ .~~Jv....-1-.~" _'"._ _ "_~ ._ ' _ ._... __ '-_...--..... :~ • j; t< , ~ • , ~ "'. j_ , ~ .. . . -'_ l .,. _ f~ ~ ,. ~~ ~.:~ - f,I'. = . i . _ ' 1 ~: ,.~ =A:,, ' ; s.: ~: °~"j ,;; ~ ~~ ~#;~: - __' . r .''t~ ~? f . ,. ,;r': i . . ~ ~ ~ i^• ~ ~~ - __~ ~ ~ ~ ~ ~ ~ ~ : ~ ~ i ~ ~ . ~ . I 1 ~ . ~ ' I J ~ • ~J \ , -- ---~ - - . ~. ,r ... _ ~ --s . ,_--• ~-.~ _--~-~ l, ~ ~ ~ - i ~ ~ ~ :~ ,~ _ - - " " _ _ _ - _..:..._:.~ --..~. --- - - - _- _ - --- - - , ...N. ~ AMENDMENT ~12 ^ Move to an:end Section 23.25.080 to read as follows: i i "23.25.080 Promotion: When an employee is promoted + , from one class to another having a higher pay range, he shall receive an increase of not less than one pay step ~ ~' from his former position. [IF THE EMPLOYEE`S CURRENT RATE ~ OF PAY IS BELOW THE 1-1INIMUM FOR THE HIGHER CLASS, HIS PAY ~ SHALI, SE INCREASED TO THE MINIMITM RATE OF THE HIGHER CLASS. IF THE EMPLOYEE'S CURRENT RATE OF PAY FALLS WITHIN~THE RANGE ~~ OF THE HIGHER CLASS, HIS PAY SHALL BE ADJUSTED TO THE NEXT ~ HIGHER PAY STEP ZN THE RANGE FOR THE HIGHER CLASS, WHICH IS AT LEAST EQUAI. TO ONE INCREMENT ABOVE HIS CURRENT PAY RATE.I • -- j - - - - _ •~ ~ - ; - . ~ , . . ~- •a , ~ I ' ~ . ~ , i~ ~: •-~- -~ -------- _.. _ __~__~,- -.- `~_`_-._,_._~~~-.=:.~.a- ""`:O".'~sr.?#~~=~~`.~ ' ::~ _ ~i. ,~. ' ,tf ~-~.,- - - -------~----J , -.~ - ,- - _ _ _ -~ ~ ~.. ~ .. -~ . ,--. ~.~- ----~-~ ~ ., _ .. -= ~, -. . ` , • - f ~ - - -- ', ~_ ~ --- - --~ - - ~ -- ~ ..- _ j_,. _ ~ ..~+ -~ " z.-- .:1-..~. _ ~..~-.: _ - -- - -_:I r_ - _ - - - - - - - - " - ~~' '~ ~ . ~ . _ . : ~ ~ AMENDMENT #13 ~ Move to amend Section 23.30.050(a) by replacing all of the wording therein with the following: ~ "(a) The City Manager shall set the hours of work for all City offices and departments." 4 ~ . ~ .. w '~ `i . . `i ~~ >> ~l r,! ~~t ~ lf ,. . , ~~-_ ~I ~ .!' --._:: ,~.w; - . . _ - - _- AMENDMENT #14 --~- -~-~..--------- -.. -~ - ~. ~. _ . .... . _ ..._. ~ . .,~.. , ~.._~ '. 1. Move to amend Section 23.40.020(a)(2) to read as follows: "(2) Washington's Birthday (the third Monday in February)" 2. Move to amend Section 23.40.020(a)(3) to read as follows: "(3) Memorial Day (the last Monday in May)" 3. Move to amend Section 23.40.020(a)(11) to read as follows: "(11) A floating holiday sub~ect to individual choice of each employee [TO BE SELECTED BY THE CITX MANAGER~ i , ,~ I • k -~y: 1 ~{' °; ~ I n `, i ~ ~ ~ ~ ~ / / ~ ~ ~~~~~~ , ~ ~ ~. i° ~! --. _ - ~~/~ ~ J . t,`.': ~ ; 1 , .' t ~' '' ~ ~ ~ .• _..,~.~ .__-_" •.-._._ _~.~•---~-'- --~-'-- :.++r•1`~~•,~.~1<'~°' _"~ls-'~__~..-.e~ . . ' _~_.__i`-____ - . ._. ...._. __v~. . t ~~~f.~~'"~:t+i.a~-.::}Y'fMf1{..!-'X+Li~/~i-._ _'tt'_~ - ~ ,~ 't' . .. .I ~' 't~ ~ ~' ,i I.. ( ~ . ll 5 `l.. ~ 1 . ~_ i ,~ 7' ~ ~, . 7 -~+ 71 ,`5 " ~ ~~s2. - ~ I, f„~. r. ~ 'y' 1' ~'1. .~ ~~ .' ~~~. ";' i o .:;~ , ; ~,: J ~ -T- .--- ~ '~ --~,.~ .,__.._~~ s_: - r ' .:~ f i~ . , " i~_ ~T_ _ _ ..~.__..~_~_.__._..»c~..._... r....r.:..~. ~ , .,-.... ~ ..~~.,_~. ... ~...._...,. _.. ~ ~ i : i ~ i ! ~ 1 ~ I ~ t .~_._~• ..r..... r ~ ~ ~r § 44.09.100 At.~sxA STaru~s § 44.12.030 (b) The governor shall make arrangements for the designing of the medal for heroism throu~h a statewide design competition participated in by the school children of the state. (§ 1 ch 12 SLA 1965) Sec. 4d.09.100. St~te gem. Jade is the official state gem. (§ 1 ch 51 SLA 1968) Sec. 4~t.09.110. State mineraL Gold is the official state mineral. (§ 1 ch 50 SLA 1968) Chapter 12. Hoiidays. Seetfon Section 10. Legal holidays 30. Wickersham Day 20. Holiday falling on Snnday 40. Anthony J. Dimond Day 25. Holiday falling on Saturday ' Sec. 44.12.010. Legal holidays. The following days are legal holidays: (1) the first of January, known as New Year's Day; (2) the 12th of February, known as Lincoln's Birthday; (3) the third da "n Februar~ kno~vn as Nashineton's Birthday; (4) the last Monday of March, known as Seward's Day; (5) the last Monday in 111ay, known as ~iemo„rial Dav: (6) the fourth of July, known as Independence Day; (7) the first Monday in September, known as Iabor Day; {8) the eighteenth of October, known as Alaska Day; (9) the llth of November~ knows- as Veterans' Day; (10) the fourth Thursday in A*ovember, known as Thanksgiving Day; (11} the 25th of December, known as Christmas Day; (12) every Sunday; (I3) every day designated by public proclamation by the President of ihe United States or the governor of the state as a Iegal holiday. (§ 1-1;6 ACLA 1949; am § 1 ch 183 SLA 1959; am § 1 ch 3? SLA 19&9; am § 1 ch 5 SLA 1973; am § 1 ch 38 SLA 1973) Cross reterence.-As w Arbor llay, see Appiied in In ce Aalwn, 8 Alasl:a 338 AS 41.15.a00. (1932). Eftect of umendment~. -T}~n Crst 19i3 Cited in Jefferson v. ~Soore, Sup. CG Op. amendment subsatuted "the I lth of ho. 9(File No. i~), 353 P.2d '373 (1960). November" for "the fourth blondry in Am. Jur. referenee. -- 50 Am. Jur., Oetober' in item (9). Sundays and Holidays. 4 1 et seq. Thr second 1Ji3 amendment substituted "eighteenth" for "third atond•ry" in item (8). Sec. 4~l.12.020. Iioliday fAlling on SundAy. If a holiday listed in § 10 of this chapter, except § 10 (1?), falls on a Sunday, Sunday and the followin~ bionday are both lesal holidays. (§ 1-1-6 ACLA 1949; am § 1 ch 183 SLA 1959; am § 2 ch 37 SLA 19G9) Sec. ~3~.1:.'.023. Iiuliduy falling on Suturday. If a holiday listed in § 10 of this chapter falls on a Saturday, the Saturday and ihe preceding Friday are both legal holida}~s for officcrs and employ ees of ihe state. (§ 1 ch 40 SL~1 19G6) Sec. d~.I2.030. 1ti'ickersh:~m Day. Ausust 24 is designated ~Vickersham Day in honor of James ~Yickersham. and is the occasion for 8 ~~ _. * _ .; .~.~,..q;._,~,.~,l. ~~°~•+i;...'~', .:~j % ~+ • `xY•.-•• i+* - ' • •+ ' :~::':s.~ ~r~ ..i. i ~«t~taw~:.7 ~C:r'~ . . . . . ~ i ~~, ~ i . ~ . i J , ~ . ~~ + i ~ ~ ~ - ~ ~ ~ I 1 , 1 . ~ ~ : ` ~ ~ ~ ~ 1 4 ---~.~ . ._. ~_ ,_. ~--~~. --~ . _--_.~ - .- _ _ _ . ~ r v. ~. . ~~ ~~ `. ~--•~ ~' • _ _ _ - _ : Gs/ . S" - - - r. -.w~.~irr+•.a- - y - ~ • • + ~ . 1 " ~ ~ ~ RMENDMENT #15 ~~ 1. Move to amend Section 23.40.030(a)(1) to read as follows: "(1) Regular full-time classified and exempt employees excepting [LESS] firefighters, communications, and jail personnel: " 16 hrs. per month-first 2 years of service 18 hrs. per month-3 through 5 years of service ~, 2U hrs. per month-6 through 10 years of service . 22 hrs. per month-more than 10 years of service '~ ~ ~REGULAR PART-TIME EMPLOYEES WORKING 15 HOURS A WEEK ~ OR MORE SHALL ACCRUE AT THE SAME RATE AS A FULL-TIME EMPLOYEE EXCEPT ON A PROPORTIONAL BASIS AS TO HOURS.] :_~~ - _. ~ ~, 2. Move to amend Section 23.40.030 by adding an additional ,~ ' sub-section (j) to read as follows: ~~ "(j) Regular part-time employees working 15 hours a week ' or more shall accrue at the same rate as a full-time employee --~ except on a proportional basis as to hours." `~ -~~~ ~ ~I ~~ , ., ~ ~~; ~ :.,_ --. ~ `~ ;.s`-= ,p ;- - ; ~. .L , ~ ,: . __ _ a __- ~ ~ r. . ., . _- - - - - - ~ -- _..-_____ ~ ~_,~, .:- ,y . - , _ ____ ~.._.~- - -- ~~~__- -=-- _ _ _ _. ~~~ _.. -~~~~=_~r_----- ~ ___. _ ._ _ _-- - - ~ ~~~ . . _ ~ , ~~ t • ~ ~ ~~~3:. ; 1` -• .. ~ ~`~~; i. - ~ ~.;- ~ ,~~. ' . i ~ '+ . I . 5 ;y i_,. ~'. : ~~'. ,~:f; ~ "ti ~ , :=-s .;= ~ ~ ~'ri,t; : :~ 4: 54' i . •'j~ ' ( ' -': 1.' ~ 1''.}~~:'i,:`.: r ; . ~ , .. ~~~r ~~ . ~ , I f ' . ~ • ~ . I 1 ,~ .~ - , - i j ~ ~- ~ i ~ ~ ~ _ ~ f ': ~ •`• ~ - . -- -- ~~ K_ ~ +r- - I~ ~~ - . ~ i • -~ ~~ ~ ~f • ' - ' ~ • ^_ 1 _ _ - ".A..-, ~_ ~..~'.~U..f:r : P~. ' - _ " +~f.-- _ - ~ . ~~.a~...~.~'~ _ . . .., . .. _ _ .. . .. ._.._ .. .__-_ _" ' " ~ .~ _ _ ~ . .' ' J• .• ~ ' 4 ~ . ~ ~ , ~ AMEI~IDMENT # 15 ' ~ ~ ~ ~ f-. -~ i Move to amend 23.40.120 to read as follows: ~ ,- ~ "23.40.120 Medical and Hospital Insurance: Medical ~,y ~ -. and hospital insurance shall be provided by a group policy ~" ~ ~ at no cost ta the employee. Life, major medical, hospitalization, ~ _ dental and vision insurance are included as part of Group ~ `. Insurance." k ~ ~ I ~ ~ --_ ~ ~ ~ i ~ „ „v~'JG~,~i'~~~~ ~ . ~ J`~ - `-- ~ ~ ~ -V ~ . ~ ~ I ~ I . • ~ ' 1 , _ ~ . ' n ~ _ I ~ 1 , A 1 ___" I • 1 I ~ ' I o ~ . • I ,. • I ~..~; 1 I `i~ ' ~ ;.. ~'{~, ~ ~ •' 1 ~ .~ O. I ~ •• . ~ ,~ ~~ . ` ' I r ~. ~ .^ 1' i . . ' 7 ~<"` 1 {I , ~ ..__ ' "_ ~ - I i ~ • ~ ~ • I ' _" _ . J _ ,. ~ , . y-.,- . . I i ! I . . ~_ ._ ._. ,. . ... . . - .- ~---- - - -- - _ . . . . ~, . , , . _ _~. ~ . -- --- - • - . : .-,. . ... ~....:.._~~'--~- .._- _~_.....-_'-'.'-, _._.__~.._.~.._.... .., - ~ ~ ~s51,1+Si.l~rlrif~.T'i:~~~ ry.:- '_ -~.J _ . . _ . ... 1 3, - , ~'~ ~ ~~ c 11. • . . ' ' ] ~c ~ I j ~ ~. i ~ ' . ~ s .; ~~ - ' ' i..: „ , '; ;,~ ., - , ('_ .~i "%i;";., , _ ~ . . ~ t: . ~``Ci_ 'i . I -,.-` i ~ ``•o. ~ •; ~:y~~ - i;'s ~ ~~~'r',`?~:~; j ~ ,--.,r,, ;~. ; , . ,, - tJ t ~ ~ :' : i: ' ~ ~ ?i ~,~-- :,. ~: ~r .~ ~;; ~ ., .., ~ sp .r + ,, -, ~ ~~r ~' ; ~"'~ !"`. C; r ~ ,.... ' ~. - ^'. i I ,, +1 ~, . : ~. ~~ `~ '~ :~ ; ~~1 ~ i ~ ;=~ ~ ; i , - _' ~'' . ~l`~ '~'.;~. ~ _ •.~, I ~', /Af' S~ NAA/MaMO, sov~roR -J ~ -'~ ~ . !: u ~ ~: ; `_' ,~ ~~ '.~.:_..:~. '., :~ ~ a ~ „ DI:PAIfT~iF.1T UF ItLV~1[,TL ! 201 EAST 9TH. AVENUE ALGbHOL1Cf3EL~ERAGEGbNTROL BDARD • ANCNORAGE, ALASK.4 99501 January 17, 1980 Sue C. Peter - C~ty Clerk City of Kenai P.O. Box 580 Kenai, Alaska 99611 ,--- Dear Ms. Peter: The Alcoholic Beverage Control Board intends to approve the enclosed applieations for renewal of liquor licenses. ~''` ` BEVERA6E DISPENSARY Kenai Sheffield House CLUB V American Legion Post #20 ~ If you choose to protest under AS O4.10.270, you must submit a statement of issues pursuant to the Administrative Procedures Act (AS 44.62} within 30 days from receipt of this letter. If we do not receive a response, " the Board will assume you have no ob3ection to the issuance and will •'! take final action on the applications. T~. ,•., /~=~; Thank you for your considerat~on. Sincer ~~.iG~~-~~ Betty L. hoon °~d Records and Licensing Supervisor ~'a ~ --- _- _ -_--~ 1 j, ~ __~ _ . .~ ~ _ _ ___ _. -'- S~ r + r. ~~ t " ~ -- - -_ _ - _ _ _~ ~~ .s ~ ~ ~~ ~ ~~ I j ~~~' +'~ ~ j~ ~~ ~~ ur s~MCNO, ~o~iv~roa l~ ~ ~ U~i J ~ ~~ t1 11 DM:PAlfT~iF.~T UF fiE~'M;1I~~ 201 EAST 9TH. AVENI/E .~LGbHOLICBEVERAGE(~NTROL BpARO ANCHORAGE, ALASKA 99501 January 29, 1980 ~, ~ ~ - - ~ '. • Sue C. Peter City Clerk City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Ms. Peter: The Alcoholic Beverage Control Board intends to approve the enc]osed applfcation for renewal of a liquor license. CLUB Fraterna] Order of Eagles #3525 If you ~Fioose to protest under AS O4.10.270, you must submit a statement of issues pursuant to the Administrative Procedures Act (.AS 44.62) within 30 days fram receipt of this letter. If we do not receive a response, the Board will assume you have no ob3ection to the issuance and wi]1 take final action on the application. Thank you for your consideration. Sincer , ~~.~~~ Bet y L. lhoon ~d Records and Ltcensing Supervisor BLC:Ids Enc. - ~ ~ . ~ rj r - ' ~ ~- _ . _ ___ _ _ . __. ~ ~ T r a-Q j . :~ ta ' i~~ / ;~ ~ ~ .1 C.. . ~ . . r i r. ~'~ ~ .1 '~ 't - ~ ~w .~ --. . ' ~~T 1 .~~ (.~ ~ ~ '' ~ ~ . `,_ J ; ' ; ': ; .' . . , ; ; , ' +. ~4 . ~ . ~ . ~ ~ ' /AI' ~ N~MYOND, so~xoR ^ ~~ I.. ..~''~s ~ ~_ ._ ~~ ~~;;~::.''.: .~:~ , _L'~'. ~ ~ DL~'PAfET~lE1T OF fiEV~~iJE ' 201 EAST 9TN. AVENUE ALGl~HOUCBEVERAGF_ G1~MROL BOARD ANCHORAGE, ALASKA 99501 January 17, 1980 I Sue C. Peter .- Ctty Clerk City of Kenai - - ~ P.O. Box 580 ' Kenai, Alaska 996I1 - -- ~ Dear Ms. Peter: 0 s.. ~ " ~ The Alcoholic Beverage Control Board intends to approve thE enclosed app]ications for renewal of liquor li:enses. BEVERAGE DISPENSARY ~ ' i Kenai Sheffield House , CLUB =j ~Mierican Legion Post #20 I~ If you choose to protest under AS O4.10.270, you must submit a statement of issues pursuant to the Administrative Procedures Act (AS 44.62} within ' 30 days from receipt of this letter. If we do not receive a response, the Board will assume you have no objection to the issuance and will " take final action on the applications. `'- i., Thank you for your consideration. Sincer ~~~,~~ Betty L. a hoon ~d Records and Ltcensing Supervisor ~~ ~. ;~ ~ T -. . _ . --~ _~ -~ -_ ~ "' _ _-..-a.:~..~ f: s , _ - - ~G~_~ , .-. ~ ~` .i ~ ~ ~ ; t~~~?~[ _ ^ :~ ~ ~ L D1~:PAI~T~lE~ . acaoMOUCa ~~, -~„ ~ r ~~ 0 ~ ~ ~, a~ -~. ~ !Al ~ HAMMOND, 60YEANOR ~ 1!"ll T OF K~~'E~I~E 201 EAST 9TH. AVENUE fVERAGEfbNTROL BOARD ANCHORAGE, ALASKA 99501 January 29, 1480 Sue C. Peter City Clerk ~ ~ $ ~ City of Kenai r ~ ' P.O. Box 58Q ~~ Kenai, Alaska 99611 `~' Dear Ms. Peter: ~ The Alcoholic Beverage Control Board intends to approve the enclosed application for renewal of a liquor license. CLUB , Fraternal Order of Eagles #3525 ~ ~ If you choose to protest under AS O4.10.270, you must submit a statement --._ of issues pursuant to the Administrative Procedures Act (.AS 44.62) within - 30 days from recetpt of this letter. If we do not receive a response, the 8oard will assume you have no objection to the issuance and will take final action on the app]ication. ,~ 7hank you for your consideration. Sincer , ~ Bet y L. lhoon ~d Records and Licensing Supervisor 1 T - _ ~ _ ~ ~. ~ ~.....~_- _ ' a..~.m~. . _ . - ~ ~ ' I ' '~ I S ~~ - --, a Q 0 d i~r s a,ur~ro~, sov~roa 'i O ~ - '. i/FPAItT~iE~'T OF liL~'V~NUE 14 AIfONOLC BEYf~16E CON/A01 BOAaD 201 E. gTM AVE. ~ ANCHORAGE. AK. 99501 ! Janaary 29, 1980 ;- ~ i Andrew Sarisky, Borough Attor~ey ; ~ Kenai Peninsula Borough ~ -- - Box 850 . j. Soldotna. Alaska 99669 i ~ . Re: Extension of time for municipal consideration ~ of liquor license renewals. ~ ~~ ~ Oear Mr. Sarisky: i Thank you for your letter of January 24. An extension of ttme until j~ ~~ February 12, 1980 is granted for Kenai Barough muntcipalities to con- ; sider Iiquor license renewals. ? If you have any further questions. please Iet me know. ! ~ _ Sincer~ely, ~I , . ~~ ~~ ~~~~!" ~ ~ 'r~ ; Patrick l. Sharrock ~~~ Oirector ~ : :- PLS:vk ' ~~~ ~ ; ~ ~ : ~ I ~ cc: ~ Finance Oepartment '~ . ;-; Borough Clerk ~ {; ; ;~~ I ~kenai City Attorney . ,_ ., : i Soldotna City C]erk ~ ~ : ,- - Homer City t4anager - !t ~ Seward Ctty Cierk ' ' _ ~ i ~a ~ Seldovia Mayor R~C~IVED JAN 3 ~ ~ggp ~ ceo~c oeP,; CRY Q~ KQNA/ ^ T_ M _ _~- I~ r` - \ _ /^' _~ ~~-~- .'.~ , ' _ _ ' ~' .~~.....r. ~ J A ; ~ a. a ~ 2 9 ; ~ ~ ~ - .- ~ k • ~ ~ ! ~ ~ . ~ - -_ : ~^ --- ---~ _ l' . _:. _,__ . ~_.._~. T- ~• -- . ~ -t . CITY OF KENAI _ =- ~ .,o~ e~~ ~ ,~~~„ P. O. iOX 560 KENAI, ALASKA 99~11 T~FP1iONE 4d~ - 7535 ~ii7b~ v January 25 , I980 .1 Alaska Dept. of Revenue ~ Alcoholic Beverage Control Board ~ 20I East 8th Avenue Anchorage, AR 99501 Attn: Becty L. Calhoan Records & Licensing Supervisor - ' Dear Ms. Csthoon: `~ The City of Renai has revi~wed your Notice of Liquor Lfcense Applications ~ i dated December 28. I979: "--~ , ". ~ 1. The City of Kenai strvnglq objects to the reissuance of license No. 062T, ~- to Kenai Liquor Store #54. It fs the opinion of the Council that because ' the liquor store ia open only a short period of time each year, make onlq , a token effort to serve the public, and is one of two licenses in the Citq held by the licensee, that this license should be rescinded. . ' ~I 2. The Councfl also objects to those applicants who have not paid their taxes ( ~ or filed their quarterly tax statements. The Kenai Peninsula Boraugh has ~ I information of those not current on their taxes or filings. (See letter of ' January 24 to Sharrock from the Kenai Peninsula Borough, copy attached) '; i:.i' r,;" I 3. As of January 15, 1980. accordin~ to Mr. Bill Coghi2l. Kenai Peninsula ( Borough Tax Auditor, those deficient are: _I . - °; ~ a. Harborview Restaurant, #0504 ~~ . ; . ; b. Kenai Joe's, #0626 ~ ,~ ', ' c. Ra inbow Bar. #1312 =---° d. Eagles, #0337 -I~ ~~" ; e. Peninsula Oilers, #0846 __f.- - _ ,-~ f. Twin Cities Raceways, #145? . ~ , /^_• T '~- CYq } , ---------- - - -- - _ _._.~~ , . ~ ~ ~ . ~ , ~ . . _- - _ _ - _ _ __ -._ .~1.~~t~L. .v1~./. _ 1 .. . ~_.. . ~ r~ - ~. ~.~_wYrw~+~n ~ ~ ~t~ ~ -2- ~ ~~°-' .'~~~ • ~~ AIIC Board s,,~y ~ 1 ~ . ! g1it~~I: City of Kenai Jan . 2 5~ 1980 ~ Ho~vever, there may be others we have not been able to ~et from the F3orou~h. i If you wish a specific list, we would ask that you extend the deadline for a ~ stat_t of issues until we are able to obtain an accurate list from the Kenai i Peninsula Borough, or accept our protest as to those lfcenses in the Citq of Kenai set forth on the deficient,list to be supnlied by the Kenai Peninsula ~ Borough. Please contact me if qou have any questions pr if you are willing to extend the deadline in lieu of additional informatian. Sincerely. - - ~ ~ ~~o'r"' Janet Whelan ~, "' ~~ City Clerk _ - jw -. Attach. ~1 ~ I , ,~. ~ r--~-- - ___ - t R:;.- p ~ ~ / ~ . ~ ; I •+...^ . . ,~ ~. .. ;.,~ . ~ r 4 ~ , ,. I -- ~ j . ~ ...~ _ , _ _____~ • _ .- ~. - ,.. ~ , ~' . ~ P KENAI PENINSULA BOROUGH SOX BSO • SOLOOTNA. ALASKA 99669 _ ~•'•afl. _ PNONE 202•4441 OON GILMAN wwvoR January 24, 1980 Mr. Patrick Sharrock ~ Alcoholic Beverage Control Board 201 East 9th ~ Anchorage, Ak. 99501 Dear Mr. Sharrock: This follows up our telephone call of January 23, re: pending Iiquor license renewals.~The Borough Clerk received in early January the Alcohol Beverage Control Board's complete comput- er listing of all lfquor licensees within the Kenai Peninsula Borough. Because the Borough maintains the tax records for all of the cities, as well as the Borough, it is necessary for the Borough to research every licensee in the peni-asula exhaustively to determine whether any taxes are delinquent. This large listing is apparently a departure from the Board's previous practice of noCifying the Boraugh individually of each application for 1.icease renewaZ, and frankly we were unprepared to deal with such a large research project on such short notice. ~ Because of the large amount of work required, and the other- wise heavy work load of the Finance Department, associated with payments received for the end of Che 1979 tax year, we were unable to determine the status of each licensee and pIace a resolution protesting the renewal of tax delinquents befare the Barough Assembly during its January 22, 1980 meeting. The Borough was also unable to transmit the tax status of within-city licensees to the city councils at that same time. Consequently, the Borough Assembly is unable to take any action protesting tax delinquent licensees until its next regular assembly meeting on February 5, 1980. It is my beli~f that the various city councils will be affected similarly. IC appears that your letter requesting information on tax status did not reach the Borough unCil about the 4th or Sth of January, and I am therefore unsure as to when our protest period will expire officially. In order to avoid any misunderstanding re$arding the Borough's protest of the renew- al of a license for any tax delinquent licensee, or any protest by city council, I am requesting that the Board grant R~C~.1~~ p ~AN 2 ;~ 15&~ B1' LEGA~ ~F C~Y pp K~Ap1; ~ '='~ ' , ~ ( : ~• ~ ,i ` ~ }t'' . i'' ~`•', '` i 1 • ~ . - ' ' ' I I I ~ i , : ~ ~ l' T . r . - -~- r ~~ -_-__ '_ _' _ -....1~ a. ~ ~~ * .. ` • . ,* Mr. Patrick Sharrock ' ~ , , - ~ January 24, 1980 • . Page 2- . 'administraCively an extension of time until February 12, 1980, within which the Borough and the various cities may protest the renewal of certain liquor licenses. It is certain that a significant number of license renewals will be protest- ed because of tax delinquencies within the Borough and within the cities. . i In~ accordance with our discussion please confirm the ex- ; tension of time in writing so that the file can reflect it, and so that we may place the matter on the official agenda -- for the assembly's meeting of February 5, 1980. This request - covers the cities as well. Yours very tru , . ~ ~ V Andrew R. Sarisky ~ ~ Borough Attorney ~ , • ARS/tb ' - cc: Finance Department ~ Borough Clerk --~ . Kenai City Attorney ~ Soldotna City Clerk ' Homer City Manager Seward City Clerk - '-~ - Seldovia Mayor ' ~~ , ..~ i ~ ,~ 6 ~ i- - `'r ~"~r_ ~~ ~„ _ ~..`..+-.~.---- • . - . ~ _ . .4-~ ~ . ~ ~ .. ~ ~ .. ~ _~ 1~ .- -~,.- - ~ __ - ~-T- ,~. -~_ ~ ~ ~_;_ _ ..~.. ,,., -- -- - - - -- - - -- - - - - _ - _ - - -- - __._.z.._~ ^ ~~ • '_ •'-~ 1 ~~ 'S- ~ ~ ~` ~ ,,,~~ ~ , ,.. ~ - ~ ' i sf:3~ ~ ~ t .~ ~~~ t~ ~ k' ~ , ": i ~a ; : ~. .. ` (! r ~ ~.:a t :~ .-.-.., n~~, ,4f:~:,.- ~ e c :,. 1'~ ..~. ' . .: ~v a'~''u ~aG f ~ '~ ~ ESOX O50 • ';!)IOOTNA.ALA:,KA99fiG9 ~ ~ ~'Lt_ ~ A1i011r?G2•444I ! ~,~~Q ~r~•` February 1, 1980 aON GILMAN ..~p+ ~ ~ L MAYOH N Michael Baxter Maraaret Baxter ~ d/b~a Ra i n boc,t Ba r Box 2883 Kenai, Alaska 99611 ~- . _~ . n Gentlemen: ~ h Qur records indicate that you are the holder of the Iiquor ~`~Y~'~1 license for Che licensed premises known as Rafnbow Bar. - The Borough's records indicate that you have failc:d to '~ '+ rem~t a total of $1,251.64 in deli.nquent Borough and City ~: ~~ sales taxes and personal property taxes and penalCies.` ~~ UnCil such time as all taxes and enalties have been ~~~' remitCed to the Borough, Che Borou p wi12. ~r ~y renecoal of your liquor license. I wou d like to rem nd you ~ that the sales tax return for the quarter end3.n~ December 3l , 1979, became de2inq+aent on Fehruary 1, ZR80 and that the &orough will also proCest ene reissuance of any liquor license if Che sales tax return and remitCances for this quarter are not made. Please conract me within ten t20) days from e:he date of this letter so that this maeter may be resol.ved promptl~•. If I do not hear from you withii7 Lhat time, the I3orou~h will institute additional legal acti.ons to e£fectuaee col- lection of all sales taxes and penalties whi.ch might be due. A12 sales Cax returns, remittances, or ~{uestions must be directed to my attenti.on at the Borough Legal Department in order to avoid delay i.n the processing of your liquor Iicense applicatiun. If I can be o; any assistance to you, please contact me at your earliesC convenience, but not laCer than ten (10) days from this date. Yours very trul , ~ ~. ~~ oseph L. Kashi Assistant Borough Attorney JLK : mw cc: Kenai. Ci.ty Clerk ~ ~ l/~ ~ ~ C~~ ~ ' ~ '~i ~ ,~ , a- , ~ 1 ; ~ __ ._. ~~ ~- ~"" r. _ _ ~ -~ _ _ r ~` _ _ ~ _.__ _ _~~_ ~ ! k E "~.~.~. -- - _ - ~ti...... . r.. . - - - -._.T_ . . _. _ _ . . . - - - ' - - ~c ~ ~ :--~~~ i .~ ~ , , ~ _a ~y p~-~ ,C ¢.~~f .., .~ .... ; ,, g c - . ~ ~[~ ~~1 (!~ ~~ ~~ '~~ taN 4:,4 ~i ~ ~ , ~ `~ - ~T ~ Y ~ li ~v v • .1 ~ ~-' ~..~. ~ ~'w L l• ^ a.~ 1r~1 l-aL~-L i~,i ~-~J ~ ~r:.! ~ 11 ' ~S -~• 80X 850 • 5GLl~OTNA. ALA'~"KA ~J9b69 .~_ PHUNE 2~i1-4A41 ~ ~~. '-~/~` OONGILMAN ~tt' Fr.brua r_y 1. , 1980 MAYOR ~r,~ . .,, . ,,w~°" • , Harry Axson d/b/a Kenai Joe's Club Box 413 Kenai, Alaska 9R611 GentZemen: Our records indicate that you are the holder of the liqiior license for the licensed premises knocan as Kenai .Toe's Club. The Borough's records indicate that you have failed to submit sales tax returns £or all four quaiters of 1979, and to make the necessary remittance of sales tax and penalty for those quarters. Until such time as aIl taxes and applicable penalties for 1979 have been remitted to the Borough, the Borough will protest the rene~oal of your liquor license. I caould Iike to remind you that the sales tax return for the quarter ending December 31, 1~179, became delinquent on February 1, 1980 and that the Borough will also protest the reissuance of any liquor license if Che sales tax return and remittances for this qu3rter are not made. Please contact me within ten (10) days from the date of this letter so that this matter may be resoZved promptly. If I do not hear from you wi.thin that time, the Borough will institute additional legal actions to effectuate col- lection of all sales taxes and penalties which might be due. All sales tax returns, remittances, or questions must be directed to my attenti.on at the Borough I.egal Department in order to avoid delay in the processin~ of your liqtiur license application. If I can be of any assistance to you, please contact me at your earliest conver-ience, but not later than ten (10) days from this date. Yo s very Crul , ~ ~ . ~~ 3o ph L. Kashi Assista-ii Borougti Atlorney JLK:mw cc: Kenai City Clerk i „- __- 1 i I ' ; i . ~ ~ _ , ~~ ~-_...--~n,- Y - - _~ _ !" ~- _ _- ; - --~ _ ~ ~ • _ --~ - V ~. a r^~--• ' {,•.'•~ ~ ~` Q ~r • r ~: - . A (^, ~g ~Q %'. r ^-i ~=trs~ ~.•. ~,-,~i n ~p_ y ~ ~~t:~6 :-.~•~~.D ~1>yL't:l.a ~v~~..=lticStmrl.•4 t_ducdv-c~ ~~"~r1~~ ." ~ 1~~::3~ 1 DOX $SO • Sp~DOTNA. AL/•.~KA 99G69 "+f,~. PHONE "L62 ~i4~St ,,~ February 1, I9$0 DOtJ Gill•tAN MAYOA ~ ' ~•~.../~O'~ + ' ~ , ~ I Jack Peck . Althea Peck John thompson , Mar e Daniel.s d/b~a Katmai Mote1 Box 2840 , -- Kenai, Alaska 9R6I1 Gentlemen: ~, Our records indicate thaL you are the holder of the liquor ~ ~- .: license for the licensed premises known as Katmai rfotel. ~ The Borough's records indicate thaC y~u have failed to i remit the sum o£ $36,650.12 in Borou~h and City sales taxes ' _r;., and penalties £or the year 1979. Until such time as all ; - taxes and applicabl.e p~nalties have been remi.tted to the ~ -_ ~ Borough, the Borou~h will protest the renewal of your ; ' liquor license. I would Iik~, to remind you Lhat the sales i tax return for the quarter ending December 31, 1979, became . due on Ferruary 1, 1980 and that the ~iorough c~i.ll also ~~- -.. protest the reissuance of any liguor license if the sales • ~ tax return and remittances for this quarter are not made. Please contact me within ten (LO) davs from the date of __ _ this letter so that this matter may be resolved promptly. ~ j If I do not hear from you within that time, the Borough ' , will institute additional legal actions to eff ectuate col- lection of all sales taxes and penalties which might be ~-~~ due. All sales tax returns remiCtances or , , , questions must ` be direcCed to my attenCion at Che Barough Le~al Department ~ :i in order to avoid delay in the processing of your liquor • ~-, license application. If I can be of any assisCance to you, y;_t .~ please contact me at your earliesC convenience, but not ! ;, k; ; later than ten (10) days from this date. ,, ~ ; , ~--~ - Yours very truly . .~ ~. ~ . _~ ~. ~;, : ; ~ I 1 /~~~ , i ~` ~%~I ~ Jas ph I.. Kashi ---f._~ AssisCanC Borough Attorney - JLK : mc~ _: _= cc: Kenai City Clerk ~' : . . t , . . : .. .. _ ~.~._T .. - ~ , ~ - _ .:~ ::._. - --- a=-y- - . - ~-- _ _ ,. -_:..`..~.,..._._~ _~..~-,. _ _ _ ~ - - -- - -- . : ~~.____ ~ .,___~ ..~.:.... mr.no~:... . . ......~ r r ~f \ : . ~i~'/^~ ~ t'~ ? r• u ~~_o~w1 ~a~ ~!?~~M~~`PtL`.it,' ~ ~~..U ~' ..~, P.. q ~~ ~~ ~~6F^~ L'~ ~ l'iw Ga~i O~ G~ ~t_~~ CI 80% LifiO • SOLDOTNA ALASY.A bP669 t'MUf~tE 262-444i '_ Lt-.~ ` February 1, ?.980 ••~ ..,,d-~~ ~ Harbor. View Inc. Box 4133 Kenai, Alaska 99611 Gentlemen: Our records indicate that you are the holder of the liquor license for the licensed premises knoVm as Harbor View. The $orough's r~cords indicate that you have failed to submit sales tax returns for the quarters ending June 30, 1979 and September 30, 1979, and to make the necessary remittance of sales tax and penalty for those quarters. Until such ti.me as all taxes and appli.cable penalties for 1979 have been remitted to the Borough, the Borouph w3.I1 protest the renewal of your liquor license. I would like to remind you that the sales tax return for the quarter endi~n~ December 31, 1979, became delinquent on Februzry 1, Z980 and that the Borough will also protest Che rcissuance of any liquor license if the sales tax return and remittances for this quarter are not made. P].ease contact me within ten (T.0) days f rom the date of this letter so that' this maCter may be resolved promptly. If I do noC hear from you caithin that time, the Rorou~h will institute additional le~al actians to effectuate col- lection of all sales taxes and penalties which might be due. All sa2es tax returns, remittances, or questions must be directed to my attention at the Borough Legal. Department in order to avoid delay in the processin~ of your Iiquor license application. If I can be of any assistance to you, please conCact me at your earli.est ~onvenience, but ncC later than ten (10) days from this date. Yo s very truly, • ! ~ ~~~~61/J ~ ose h L. Kashi Assistant Borough Attorney JLK : mw cc: Kenai City Clerk ~ UON G1lMAN u~roa ~ ~_ ~~ --_ .,.. r -- ~ --~ :~ p BOX H ~O • SOLDOTNP,. ALASKA 596G9 " y~ PHONE 242•4ti4t ,~~ ~~~ Fehruary I, I980 ••~ ...ho'• ~ ~~~3 Kenai Nati.ve Association Box 1210 Kenai, Alaska 99612 .,...:..:. .. ,.._.< ... , ' ~ . _ ,.~,__,._. _ .. ...._ ._.. ~.. . . •./''`~•- ~~ J R .., r;~ 5~-•~ R E ., ~ a4 ~--~,, r.-+ ~ r=~, ~~ ~~~~..~~ I:~t :n t~~~•~ ~-~~~..,.~-~ F~:.~~: -~~C.~~..~_~ Gentlemen: ,~ - „ ~: ~ ; a.,y . , ~~ , . :, ; r , ti' ~ --~-: Our records indi.cate tha~ you are the holder o£ the liquor license for the licensed premises knocan as Kin~ George Hotel/Minuteman Lounge. The Borough's records indi- cate that you have failed to submit sales tax returns for the quarter ending Sept. 30, 1979, and to make the necessary remittance of sales tax and penalty for those quarters. Until such time as all taxes and appli_cable pena2- Cies for 1974 have been remitted to the Borough, the Borough will protest the renewal of your liquor license. I would like to remind vou ChaC the sales tax zeCurn for the quarter ending December 31, 1979, became delinyuenC on February 1, 1980 and that the Borougli will al.so protest the reissuance of any liquor license if the sa2es tax return and remittances for Chis yuarter are not made. Please contact me within Len (10) days from the date of this Ietter so that this matter may be resolved promptly. If I do not hear from you within that ti_me, the Borough will institute addi.tfonal legal actions to effectuate col- lection of a1L sales Caxes and penalties which mi~ht be due. All sales tax returns, remittances, or q~iestions musC be directed to my attenLion at the Borou~;h Le~al Department in order to avoid delay in the Frocessing of your liquor license applicati.on. If I can be of any assistance to you, please contact me at your earliest convenience, but not later than ten (10) days from this date. You s very truly . ~~~ '~ Gf"'w~ osep L. Kashi Assisrant Rorough Attorney JLK:mw r- --~ = - -- . _ - - - ~ - -= -- ~.- -- -~~~:-~,._s-t:_,_-_; __~------ OON GIIMAN Mwroa ; . ____ : _ --~- ~ • ~ ~ ~ .-_ ;.:.....w ~ ";r'. z~ ~ , . T.J ROGERS `" c. w. e~~owiN . _ . K. J, CUSACK .. R. E. MOII w. Twr~oa, ID ROGERS b~ BALDWIIV. P.C. ATTOiiNEYS AT lAW POST OFi1C£ BOX 4210 KENAI~ ALASKA 996~~ February 6, 1980 City of Kenai P. 0. Box 580 Kenai, Alaska 99611 To: Honorable Mayor and City Council Re: City of Kenai vs. Morgan and Swearingen City of Kenai vs. .3ack Thompson Gentlemen: TEIEPMONE (907) 283-7167 The purpose of this presentation is to outline a proposal for settlement on behalf of my clients which would settle litigation which has been pending between them and the City since 1978. . , :his is to be construed as an offer of compromise. Back~round - Jack Thompson has leased from the City Lot Ten (10), „ Alyeska Subdivision. The Post Office is located upon that lot. The initial lease rate charged by the City for the ~ lot was $0.03 per square foot, plus assessments in the amount ~ of $2~373.29. ~ Shirley Morgan and Max Swearingen are Lessees of Lot E Eight (8), Block Three (3), Cook Inlet Industrial Air Park. The Peninsula Clarion Building is located on that lot. The ~~"'-~: initial lease rate for that Iot was $0.01 per square fvot, .<i plus total assessments to be paid in the amount of $1~664.99. ~ ';_~ The lots were leased in 1968. The lease on each lot ~,;;,1; provides that the rental charge would be renegotiated every fi ;_ five years. 'i In 1973, the lease rate was not altered. The City's ~~ -..~ records do not indicate whether or not this was bE.cause the administration failed to call for renegotiatic~n, or ;~~~ whether the parties felt that the prevailing lease rate ~ 1 ~ h~ /• ~ ~ ' _" " ' ..r.s.~,~. c....=>a.-. ~ ,i ..~ , ; . City of Kenai February 6, 1980 Page Two T r - ~_ . - ~ ~t was fair. A clue as to the financial and economic canditions that were prevelant within the City of Kenai in 1973 appears from excer•pts from an Appraisal Report prepared for the City in 1975 by Angelo Hillas. That Report indicates that the City in 1973 was in the midst of a"bust" cycle. Those excerpts are attached as Exhibit 1. In I978, the City Manager advised the City Council that the lease rates for the buildings were due for "redetermination". A copy of that memo is attached as Exhibit 2. The memo suggested lease rates which would have resultEd in a 770% increase in the rates paid by the Clarion Building, and a 497% increase in the r•ates charged the Post Office. l All of the Lessees ob~ected to the magnitude of the ~ increased rental rates and retained me to assist them in I resolving the matter with the City. In the late summer or early fall of 1978, I appeared before the City Council and -. argued that my clients objected to the sizes of the fncreases, but agreed that my clients were willing to pay rates which were comparable to lessees who were at that time leasing similar properties from the City. To demonstrate the gross inequity of the rates being charged my clients as compared with lessees who were leasing simflar properties, I prepared and submitted to the City Council a map which is attached as Exhibit 3. That chart reflects all properties which were leased by the City of Kenai to other persons, beginning on November 1, 1~7'7, and continuing through July ~; 15, 1978. The lots outlined in red show the lease rates tiahich ~ the City was asking my clients to pay. The numbers in ~'~~ parentheses set forth the suggested lease rate in a 1977 appraisal prepared for the City. A copy of the 1977 - Appraisal, a copy of the 1978 Appraisal, also prepared for the City~ and a copy of a 1977 Appraisal prepared for the ~'•. Clarion Building are all attached as Exhibits 4 through 6, . j `, ' i respectively. 1 ~ ~i '~'~;'• After I appeared before the Council, the ordinance !'_ establishing lease policies and procedures of the City of ~ Kenai was amended by adding a Paragraph 4, which I will not attempt to summarize. A copy of that Amendment is ~-~.' attached as Exhibit 7. That Amendment is, in my opinion, ~ `_-- ~ , ~ ~ ~ ~ r L {/ ~ ~ .lQ ~ 1' ~ ~ !` City of Kenai February 6, 1980 Page Three i- ~.r- -T - ~ ~ . -- ,--. -~- --~-~ . ~ subject to conflicting interpretations. The City Manager fi~terpreted i;he provision to require lease rates charged in 1978 to existing lessees to be one and one-half times the appraised value of lease rates which were charged in 1977. I interpret the provisions to require that in 1983 when the leases are again subject to renegotiation, the lease rates wiil not be higher than one and one-half times the 1977 lease rates. In any event, the City through its City Manager offered to charge my clients one and one--half times the 1977 rental rate. My clients again objected to that rental rate (which appears in red on Exhibit 3). Their objection to the new proposed rental rate was essentially the same as their objection to the first, that is, that they were being unfairly singled out by the City and charged a rental rate which was at 2east one and one-half times the rate which was being charged to individuals who were at that time either leasfng City property or applying to lease City property. They also feared that in 1983, the next renegotiation date, the City would then ask for a rental rate which was one and one-half times their 19'78 rental rate, while all other lessees would only be charged the rate which my clients initially began paying in 1978. This inequity would be further compounded by the provisions of Kenai Code 21.05.080(2), which provides that the cap provision for existing lessees begins to run from the date the lease was originally entered into, whereas the cap provisior: for new lessees would begin to run for thirty years from the date of execution of the lease agreement. The net result would be that the cap provision for my clients would be in effect for only twenty years from 1978, whereas all other lessees would have the benefit of the cap provision for thirty years. At the end of the twenty-year period, assuming that the lease rates were increased by one and one-half times every five-year neriod, my clients would have paid over $68,000 more than lessees of similar property who leased their property in 1978. _ . ! , ___ _._ - _~ - . . _. r r ~.- ~ Tt --- . _ _ _ . \- ~--- -~~- ~,~ -~=~--4:y ii - _ _ " _ _ _u_3-i~._u Gii~I~'i..~ -- ' '__.___.,,._.. . . ~..~__..~. ~..,. _ . .. . . ~.~ . ... iv~ . r~+s,sr~w-~~~ . ... . __ -._, ... ' ~ City of Kenai February 6, 1980 Page Four Proposal I have conferred with the City Attorney extensively in this matter, and I believe that he agrees with me that a trial in this matter would be expensive to both sides and would take a great deal of our time. I have conferred with my clients, and they have authorized me to make a final proposal to the City on their behalf, which we believe is fair under the circumstances. While the proposal, if accepted by the City, would still leave my clients in a less advantageous position than those individuals who leased property from the City in 1978, it would nevertheless result in bringing their payments to within tolerable limits. The proposal is as rollows: My clients propose that instead of beginning to pay a higher rental rate in 1978, they will begin paying the higher rental rate as of July 1, 1977. The rental rate will be comparable to rates subsequently charged lessees in 1978. For the Post Office Building the rate would be $0.075 per square foot, and for the Clarion Building the rate would be $0.039 per square foot. All charges ~~uould 'pe brought current within thirty days of the acceptance of this proposal by the Council. The 50% cap provision will be written into the leases, and the next renegotiation date will be on July 1, 1983. If the proposal is acceptable, it will result in my clients paying a higher rental rate for one year longer than those individuals who leased property from the City in 1978, but at least in 1983, and continuing for a period of twenty years, my clients will be on an equal footing with the rest of the lessees. I hope that the foregoing will be acceptable to the City Council. Thank you for your consideration of this proposal. Very truly ours, 1 ~ C. R. BALDWIN Attorney at Law ~ ~ J, - :; ~ ..... . ~~ ~ ~. r -: . i; ;j ; ~ i.~` - ; ,t a~ _ ,. ~ ~ ; ~:i . _ , ,~,_,:.' - . . . f~ K J:f\ I1..rt~~ : J . .i ~ T- -~..---~- - ~ -: ~ - .--~ ~ ---w~--~~ The City oE Kenai is Iocated on t~e wes~ern coast of the ~ ~ Ker.ai Peninsula in S~ut~cen~ral Alasl~a. T:,e City is ~our~ded , oa the toest by Cool: Inlet and on the sou~h ~v the ?:enai P.iver. A portion of the City lies sout~, of the river. Kenai is 160 road ~iles fror~ Ancho:aee, I° minutes by air. The City o.f Soldotr.a lies 12 mi]es to the west. - ' ?'he City of ?:enai is a I?o~~e :ule C~ty wi~h a Council- ~ I•ianao,er for~ of rovern~ent. The po;~ula~ion ~:~ith~~ ~he ci~~ is approximately ~i, ~0~. ,''r~~..ary serv~ces provic~ed bv the City include ;~olice and f.ire nrotection, t•:ater and se:~ers. The ?:e, ai Peninsula Borou~h nrovides adequate school~. . Kenai's ~T,~dern his~ory and p,rowth begins .just after ~aorld jJar II when hor*iesteaders settl-ed the land ~n tae area. Prior to this, I:enai was the si~e o.£ a naLive viilap,e n~d az orip,inal P.ussian settlement. Croy~th ~nd develonrc~2nt accFlera~ed ran- idly when large oil and gas :eserves were d~scovered in 1~57. Kenai has served as the center ~ox Pxalorat~on :~nd develor~r'~ent since. ~ ~ Large ~petroleum reIated p7a~ts tv~~re constrv~ied ~:~d i;~clude two refineries, a~ertilizer plan~, and L:ir (liS~e:~ed :.atural gas) plant, and nu7~erot~s storav;e and pi~elia~ r~cilities. In addition, ~sny oil sun~ort industries :aere esrab;.i.s;~ed in the " Q Ke~ai area. - After cons~ruction of L-hese facilities ~nd ~he construc- tion t•~orke:s had departed, a."recession" accured in :ze azea. • Since, hcwever~ ~radual grow~h has resta:ed so~~~e of the busi- • ness and econor~ie activ~ry. A raajor addi«on is already sched- uled for the fer~iliLer plant and another L~':~ p1anL- is sched- u2ed to be built. Oil exploration in lotaer Coo:c Inlet is due . to cor,~ence in the s~;,~~T~er of. ?975 ~:~d will crn~J upon the si;p~ort . • f.acilities already established in the ?ter.ai a:ea. Fxploration in the Gulf of Alas'r.a is also anticipated. *;ost of. the reqi~ire~ bus~ness, co~:.-~:Ercial, and ;:e~ical services reqi~ired c~n he ob~ai.ned in 3rF.7a1 or Soldorna. Radia ' and televisior. recention ; ro:~ I-_~cno.a£,e s~ations is availab].e. Transportation to tne Kcnai a:ea is avail~bl~ atier p~ved hip,'~- ways, by air ~r t•:a~.er. ~ ~he Y.enai area i.~ no~•~ e::?erier.c;r~,Q, a s~eady ~rot~~th ~at- tern. All of the indications noi:~t to con~i.:,ued t;rot~~n. 7°ae ccononic ,`.orecas~ is co~-tinu;-d c;ro~•~tti and cevelop.:eat. ~ . . 5xhibit 1, Pags 1 J ~ • ; . - ~ , ~ ~ ~ 1 ~ ~ ~ Q i:~ t" AIvALYS I S ~ :~ - ----r - ~ --~ • CO~IPARABLE SALES DATA (CONT.) A review o~ the known sales activity in the business district of Kenai indicatzs very few recent sales ~:ave occured. The ma,jor reason ~for this lack of salas ac- ~ tivity is simply because the Cir.y of Kenai ow-ns, or " controls most of t~~e available ].and. Durin~ the economic boom as result of nearbv oil ac- • tivities in the 1960's, real esta~e transactions in Kenai increased and z~ached a peak betcaeen late 1967 and early 1969. Nost of the sales that occured in the • business district durin~ this period were sold to de- velopers by the City of Kenai. After the peak in 19b9, economic activiLy slowed con- . siderable with a correspondin~ effect on tt~e real estate • market. There was very little der.ar.d £or any ~ype o~ real estate, many homes stood vacant. Real esta~e in- vestors retained their holdin~s rather L-han sell for less that'what ~hey had invested. . -- In the spring and sun~er of 1974, the surplus of hous- ' ing was finally absorbed ai~d a shor~age now exists. Interest in real estste has grotm~ bankers, realtors and developers are now confident that anoLher period of economic grc~cath and ~evelop;:~ent has been entered .into. Reasons for rhis reriewed activity are due in part to the natural growth of the area. However, the prime reason is considered to be related to oil activi- ties; najor construction pro,jects are anticipated over the next six year period. These nrojects include a new ~ Lh. plant~ refinery, expansion o;~a fertilizer plant, . pipelines and related activities. Also oil exnloration due to coau-nence in 1975 in lo~•~er Coo',c Inlet wi.21 draw upon t~e existing support facili~ies ].ocated in the Kenai area. The City of Kenai has had nu~~~erous inqi:iries from inter- ested persons reKardino leasinQ o` available land. Nat- ional and in::ernational infit~e:~ces are co:~sidered to have a ciirect effect in this intcrest. Since the United States imports considerable a*:i~unts of oil that it co:~su~nes, r,~ar.ipulation of both t~he su~ply and price of oil by r;id- dle Eastern counL-ries h~ve created serious natio;~al eco- nornic pro~leins. Develonaient' of domestic oil supc? ies is consi.dered imperative t-o relieve de~endence L?on ins~:able foreip,n sourcc~s . 7_ai-f;e quantities of oi2 and gas are be- lievcd to exist in both lower Cook 7nlet and the Gulf. of Alas~:a. Explorati.on and develo; Tent of both ~]~~~ ~e souz:ces i.s eY;~ected to h~ve r,ro`oL7d a:,d long las~ing econo~~~i.c • i.r;~ a.c r or. the l:enai ~il C'S. • Exhibit 1, Page 2 . - 7 ' - - - _~.~.-=_~---°.a--- - r ~ - wY '_i . . ._ , .i. • . . ~ N : t ' ~- ~ ~ ~. ~ • `~/~'• •. SC ~ ~~ ` I 1 f f`~ «;.: - ~: : ~ ~.,''~~ ' •I ~1 -~.`1! . : .,t;; , ?: ,' ~ ;'i';• ~:.:t~~i ~ ~ .;~+. ~`.^{~• ~L, =~qiJ ~- ~'`,' ~?~.: - r_, r'~: €{- ~.^ ~ ' ."' `~ ~~. _ I . '~."~ ~ ~~ .~a..'~'.t ~ ~ ~~. ~ ~ ,--~ - --- --~--r _ _ _ __ -- .---~.-----~- - ~ ---~ _ . r...~..rr. _ June 20, 1978 T0: Honorable t~ayor and City Counci7 FROfd: John E. 4Jise, City i'anager ~ --- ,---~ -~- -~~~~ _ . . _ ~ .~~:._! 7he re,ppraisal report vras received ~n the following leas~ property a~hich is due for redetermination of lease rates as of July 3, 1918. Inasmuch as all three involve quite a significant increase over the priar lease rate, I sub,~it the folloti•ring for your info--mation. tot 8, Block 3, CIIAP (Clarion Building~ . ~ ~riginal lease comr,lenced 9/24/68 as follo~•:s: ~ . , " 53,143 sq. ft. x~.O1Jsq. ft. _~531.43/year Reap~raised 7/1/78 as follo~is: 53 143 ft 77 f - 4 99 00 " . , sq. . x 3.0 /sq., t. - 5 ,U _. /year --`~ ~ . Lot 1, Block 4, GAA 1 , ~ ~ ~~ ;,~ ~ Or'iginal lease cors:r;enced 1/2/69 as folleris: ~ 28,037 sq. ft. x$.02/sq. ft. _ ~5G0.72/yeor 3 ~~ • • :~ ~ Rea~praised 7/1/78 as follo;•1s: . .' , ~ . ~~ j ~ ` ~ ~' ~ ~ 28,037 sq. ft. x~.083/sq. ft. _ $2,327.07/year .~ ~~ ' 3 ~ k; '~ ~ ~~ ~ Lot 10, Al_vesl:a Subdivision (Post Office~ ._._ _..__------- ,;, {~~ ~ ' _ ~ : .~~ ~~,,_ / ' . Original lease co:rrnenced '10/]/68 as . follo~•1s: , ~_ ~' , ~-~w~ ~ 22,500 sq. ft. x 5.03/sq. ft. _ ~675.U0/;ear _i . -~ ~ .., ~~ ' . Reapprais~d 7/1/7E as tolloti•~s: . f - ~ ~~ . ~ 22,500 sq. ft. x$.149/sq. ft. ~ ~3,35?..50 ~;. ~ ~ ; ~~:.~.:.... -- ~ ,~~' ~""'t , ~~ Please note t.f~at none of these lots have Leen r•cappt-ai_sed since -.~: ' n•=:~ f" inception of the lease, i.e. a~eri.od of ten ~~~ars. 3..._.. . - f-.- _-,- ~~ 1 I t!w 1~~ ~ _ , ~ S ` ~s...,, ~,_.~•• ~ JEt•'/eh - _ . ~~J ~ ~ '~^~ ~ Exhibit 2 ---~7 - ---- - - ~. . ~• ~ . ~~ . ~ ~ ~ /• ' _ _ ~~ '_~. - _ t . _~ _.".- _ _~_'__ _.'__ '_ _ _ _ .~ 1 : ~ ~ " -- !__ - ~ , . . , ~; ~ ' °' ~- ~ ~~ ; __ - - -- " _--- --- - - -. j :i _ -- - .. -- ~__---- -z . . ~ I ~-j~•' ~I t _ _ _ ----~ _ ---~~ ~i . ~ .,-- _- } '• . ~ / /~/' i/ !~~, 1 ~ /J~~7~ ~ Ty , ~ ~~ . : '/ ;/ ~ /. ~~ ~~r ~ ~~ y ~ . ~ .. - / ~ . / ,~ t _ _ ~''~r (~ y .. / ~n ~ O !~~ !~ ~ ~ , N ~' ' ~ ~.~ m s > > ~ ~T ' • • .2 ~~~7, '/ •' •. - n~ a` ;': .J _ '~~ c ' ` _~`~~ i . ' . . . ~'L`x~ f ~/ a n s' '~ _ m ''~ ._ . ~ h r^-. -- . _ ~ -~. 7i (~ '/ 7 - ~ ~ ~ _ '° `~ 3 ~ 0 - C f : ~~~ j ~ ' S~ a~ ~~ • • ~ • :~, ' ~ ~ rA v ,.. o ~ . ~•.` • ,~`:~ y /• ~ ~_~ f~ h , • .s~ _ ~c ~'` ' . / ' •-2 a •~:.~-t~--,y '""`^] _ ~- ~ ~_~~~;~~•~~o`'. ~~ ! ~~\` '!~ % y ~ ~r _ t ~•i ; ; ~ r,., H ~ ._--T~,4 ' ~ ~ ~ , ~~~ ~ • ~s ' /S r~ '~. ~-- ~ '`"~~i ' x-~V ~~ / I .' :~ ` .~~' ~ , y ~ ~ : ~~ ., • ~ ~. '- r~ '~"y` ~ ~~ -,..'-~.. .•,~ -~ ~ , •C Y .. ~ , , ~ , ,•~ t S ; ~ s ~~J,N ! , i3 . . --\ _ ~j ..~' \~ •/ ~~ C ^t ~ 4. ~` v" -~ yL . _ f C 'qi ' j `' , .~" ~ • ~,~i • i ,., '• ~ ~~R ~~ t ~~ •~`•d Y \ • .t i~a ~~~11 A",", ~ ~ ~ ( _ l~=~ ~ , ;:' ,\~ 0 ~~ 'rn~~;f~ r ~~' .~,T" . ~.. ~ ~ ' ~ ~'~+ `\ ~i = ~ !• :~'~, p ~.. ,~ - / tx-` `L• ~:`! `~~`,~`~ ti`'`~ r ~ ? \ ,.y~~ j ~ c':'„ `` ` .` \r ~ ~~~ s~: ~o~`;. , j ~ , ry . ~'' .~ - , , !. ~ - •z a : -.. _ _ ~J _ y 1 ~s YO ~p ~ ' ' ~7ro~?-~ ~~^C 1,~:~ .^1 ~~~ ~ ~ ~ • , . ' ~ _ . f. ~` ~' / n~~ L ~ ~ .1 ` ~ ~ ~~, ` o .-a~`^ t~' ~,: `~~ ~ ~ r~ - °.at ,tr' . ` ' ~9 ~// . / A ~ B • ~'~~ \` d ~t ~°.~:--", ~, '~ ~' f ~ ~~ r~ /, ,`' • ~~ ~ .. ! . ; Y ~ / . , ,, y ~n JC Y /~1~ ~• ' LCO~, \ `\ ~ ~~4)`/ ~ .fj O ! _ ~. ~~r' . ~i~ ~~~~ ~ ^ ~ i ~ . 1 `br /j`_~' n S ~~` ~' !~'' ~, ~ :s -• ~ `~/~ ~1 i ~ A ' .~ +) t' ... ' ~ '~t: •'' .l, / •r, \ ~~ ' ~~ ~Y " a S ~~ (~ f ° t~~~ ~ ' ~. ~. a .. ~ ~ •' '~" ' i ti ~~ %' ~ .~• C' f ti . "- ^ , :tu~0 Q ~' ~, , ~ -.~~ ~~ ~ ~~ ~ ~ a ~/ / ~~ { L~ f ::1~t~~c ~ . .: ~ ?~• "- -~_~ ~ . ~'~ ~~ ~. - / ~~ , . - : , - -_.~ ,,~. Y. ~ ' ` ~., ? • •~. - ~ c ~ _ ~ . "n' i` ! "~ - ' - - i //' -, ~'~~ • r .p` / I ~~/ : - - - ----•--._.`.~ _~ V' - - ! -- ---- ~ _' '. . .-~ e e? ., n` ~ ,~` `/ , `, y ~: ,• ,~! ~ ,;. - ~ ~ ~~ /, ,. ,. ~~:,` 'r:~~` ~ '~~•~ \ ' /w°.',t;~ ,: d '/ ` . ' . , w O •O~ ~ ~ ~ y~ ~ ~/ / ~'~ti'~ ~ ~~ ~ } ./ ~r / /~ ~ . `, ~ . ~~~ ~ /t !~" ~ ; ~ ~t, ~I` a j 4 " ~ "!•' .S -~~.' ~z ~• ~ ~ 'r~• ~ / i ~' e. y /~ ~`/ ~ ! ! 60, ' . I , / ~~ ~ ~•: j •`.~ v \ i ~• 4 ' / ~ ~ "~ i:U a ~ // Y'^`\~ ' ~ I I i i i ' ) 1 `~ ~\ N / ~• ,CJ` _ ¢. /( . • ~ I . . ` ' ~ i',T ~ \.~ ~f ti jr / f )7 ~\ %' ~ ~ . . /' ~'%r /<~~ "~./y~ y~^a%I ^ . c ~i ~ / / '1 Y ~ • ~ r \ ~~i4 ~/ 0 r~ ~ /~ ' ~ f sr / ` < . / ~ A .i / ! `~~ ff' ~'~o'..: / ~ I I: ~ ~~ " ~ i1` . ~ 1~ 7 ~s.~ . b ~ ' ~• .~A q i I , / `I ,~ ~(\~~.aa fti r ` .~j) ~~ . ~ . , r ~ , •/ ~ ~ ~ ~`~' • .~ •-, r+ ~~~ ~ C'9 f / ~' ~ ~ ~ ~~ `/ ~ t / / ~ :~Oi)~~' ~ (ti``~ . ~~ '` ~ ~~~ ' ` ~~ 4f ~ ' ~' ~ ~ / . Y ' ~ • \ ~ ~ . ` 9GF,F 4 ~ ~y ~ '}! ~, `/~~~ ~ E-.~ ~` ~ t ~ ~ ' ~ \i~~~;' ~:~ ' j k` ~\•\ / ~o ~ '~~. ~ ~qip ~ • ~ , ~- ~ .r~ ~ r. ~:~/v /~j` j~ . ~ /r ~ ? ` t ~~~;~~`n~ : •' yFti~~v ~ ~ / ~ + '~ ( . ~ , , ,j ~ ~~S fsrd~~~ ~ ~~--- ,. - `~ ^~'c ~ ' ~ ' r +`~ ~ •-.\\ ~? ~ _ __ ' ~'~/ / ~i ' ~ ~ `" v ~ i~ ~ ~ _ ~,,,, :y ~ - ~ i .' ~; ~ '.I : i ~ ~ ~ - ' ~ / ~ ~+ ~ t A'~ y , t , ~ o , ,~. e ~a r~• • ~ ~ ~ ;~ ,~ / ~ ~ % ' ' ~ ~ : ! or~ . a ,~c // ~ // // _ // -•./~ A - V ~a e ^~a . aa }`' : .! ~ • A yt i ~ / ~ / ~ f i • \~ •' - -_ ? . Exhibit 3 `. . . . -' 1'-. " ' ~ i~- ~~ ~-w~ -'~ J I I ! ~;.,-~___ ~ .~ ~ , . ~ . =_ ~ ~ ~ n, ~ s- ,.. - -r ~ .4 __ -- --~ . »~...:.. ._: • _~~.f .•., _ ~ ~~'~ ' . .' :, i _•.,.r.: ~~ ~~~~ ~~'~~~~ ~r~.l~~'~Q ~~ ~~ A~. ~~. I~ ~r~~ i4~1-~~ ~~ l~- ~~ ~'~~r~A ~~ ~~l~ ~`~ • =~= 7hroughout the Kenai Peninsula 4~: Kenai Spur Road ~ Box 1413 ~ Soldotna, Alaska 99569 ~ 2G2-5822 , I ~ ; ~ _:.:; ' +~- l. .. s~. z . iy~: ~ ~ , ~~ ~ 7 ~~: ..: ~ 5 ~ : '< i - I = ~-~t ' •'~~; ~ ° ~ I .:=: i~ p ~,. - is i t ------ ~ :r;;•; ~. ~ ~ ~: .'~ _ _ .s,~s, ~t _ - , . • ~F• ~ - ~ :_ .r+~~ '~r.='- °- ~ ~1~• s• ' .i'. ; ~- _ r.. s, , j ~ r z_... ~~ S' . q. 1 '~ ' ', { , +~ ~ 1 1"" , ; • I . . 'r;•~ y{~ ~ ~!':._ 13 } ~ ~~ . , f ,~ ~ .. . ~ _ ;,-:_:: ~ - ~ ~ s' I ~~ ~~ , °:~i~ i . ~ •1~.' T".. " ~ . .~" ~ ~ ; ~ j i i ,~ ~~i: _t:..~~, i , ~ , i~ } ~ September 22, 1978 City of Kenai ~ ' tdr. John Wi se,~ Ci ty idanager P.O. Box 580 Kenai, Alaska 99b11 RE: "Short narrative Appraisal concerning City-O~uned lar.ds, City of Kenai, Alaska," dated June 26, 1977 and done by frykholm Real Estate Appraisal Company. Dear Mr. Wise: . The above report involved vaIuing only a portion of the City held lands. For continuity, I valued all the lots and then r~eported only those lots requested by the City. I understand that at this time it would be most helpful to the City to have the June, 1971, vaTues of three ]ots not requested at that time. The lots and their est:mated fair t~arket Va1ue as of June 26, 1977, are: l.ot 10, AI.YESKA SUSDIVISION 22,308sq' @$1.25/sq' =527,885 Rounded =fi27,900 ~ Lot 1, Block 4, G.A.A. 38,750sq' @$0_65/sq' =$25,188 Rounded =~25,200 tot 8, Slock 3, C.I.1.0.0. 53,056sg' @$.065/sq' =~34,486 ~ Roun~ed =$34,500 ~ The additional information upon which this analysis has been hased is retained in my files, but can be rnade available upon request. If you have ques~ions about this appraisal, please let me know. Respectfully,submitted, FRYKHQLM E ESTA7E APPRAISAL , ~ V ~~ . r ~ , Vernon L. Frykt~o.m, Jr. Apprais r Exhibit 4 1 .; A i •- ~ ~ . ~ .~ i . ~ 1 ~ ~ 1 . + ` ~ ~ ' . ; i ~ ~ { i ~ 1 ~ ~ ~ , 1 ~ `-~- _ _ . _ _ __ _. _ __~._.~~ _. . T ___ ._ _ - : _ . i` s` =_r - ~ ~Y ~ ~ ' - L~^--^~~- -' -- ---:.r.s.. ..w.v. - _- . ~ - - -- - - - - -- - - ' .. ' - ~~ ~~ .. .C~r~k?t?FC i !'nP~~ . , r J ' ~' ~ . : ~; . -_ ~' I~ 1~`~ `1~ 13-1 ~~ I~ ~:~,~ l~ l~ ~'~ I~ I~ :~ 1S ~~i9~ 1~ ~~ l~ i~? 13~ ~~ 1~ ~i~ f~ - I ~~ Throughout the Kenai Peninsula ~ ~; Kenai Spur Road ~ Box 1413 ~ Soldotna, ,Alaska 99G69 0 262-5822 ~ ;~. 6~ a~ ' ~ - ~• r P('~. . . ~:. June 19, 1918 ~ ~9 ~ ; l ~~ . ~ • idr. John tlise , ?~ ,°.. . ~ -~ ~ ,• ~ , ~ ~'f ' ~3 . .~ ,r;.. ; ~y '.: i_ i ~ ~~.~ ;,~, ~ 1. ~~ ~.~,. , ,. ~,-- -i , C~ty 1 anager City of Kenai Box 580 Kenai, AK 99b11 RE: Appraisal af Lot 10, ALYESKA SUBDIVISI~N, Lot 1, 81ock 4, GEtdERAL l~VIATIOt1 APRON, and Lot 8, Block 3, COOK INLET INQUSTRIAL AIR PARK. Dear Mr. lJise: This letter is to advise yau that the report you ordered on the above described parcels has been completed and is ae~aiting typing. To expedite the matters pending the rece~pt of the appraisal, I am including here the appraised va7ues of these parcels. As of June 15, 1973, the estimated Fair irarket Values are: Lot 10, ALYESKA SUB. ~56,000~ L 1, 6 4, GENERAL AVIATION APR~N ~33,000 L 8, B 3, COOY. ItJLET INDUSTRIAL AIR PARK ~59,000 ~ The final reports -aill follow shortly, providing substantiation of these estimates of value. 7hank you for your pat' ce. Si r erel G~ ~ ~ ernon L. F ~, ~cholm, r. AppraisPr Exhibit 5 . ~ ; . , ~~ . ~ _~_~ _ ~ ." - _.- -'.'- ~- - -'~ ~ r~ ~~ I~ t ~ ~ , -,r t ~ T , I ~- ... ~.- .. /,. ~ - . : , v ' _rT ~ I `,~, -' 4 ~--~ ' _~' -.. -._..~.w.~~- ~ -~ '-. `.._"-.. ~~ '_-~-.~. ~.. ~...~ / • I~ l~ ~y lit~ I~ 1 i~ !~_ r'~~ I'~~ I~ _ ~~ ~~ _;~i =``S I~ ~~ I~ lu ~`:~ !~ i~ ~~~~ ~~ i~ ``~~1 ~~- ~ Throuyhout the Kerai Peninsula =_ ~ Kenai Spur Road • Box 1413 • Soldotna, Afaska 39669 •?_62-5~5~ May 6, 1977 ._ . ~ 'r. i ~ __ _ ~ . i I . ,` , ~ , _ ~ ;~ • ,: ~ , a{ . . I.' - f ~. . . Max Swearingen c/o The Peninsula Clarion P. O. Box 1341 Kenai, Alaska 99b11 RE: The effect on value of the cc,mpleted modernization of the ~/E Construction building located south of the intersection of Trading }3ay Road and Granite Foint Street in Renai, Alaska. Dear Mr. Swearingen: As requested, I have made a final analysis of~the above referenced pzoperty. I have summarized the final chan~es b21ow and have re-evaluated the Subject accordingly. The same contingent and li.mitirrg condiL-ions apply as before. SUI~LMARY OF FIT~AL CI~ANGES 1- An additional 1120 square feet of office space has been added over the r3ownstairs office space. It is finished simi]arly to the other upstairs office. 2. A hallkay and two - 2 fixture restrooms have been ~aa~a to serve the upstairs office areas.~ They a~e of ~imilar finish. 3. One of the upstairs 400 sguare foot offices is being used as an esr~ployees' lunchroon~ comp]e~e with sink, cabinets and refri~erator. As r~c;uest~d, for ~-~urposes of this report, it is to be cansid~red as off4ce space. Exhibit 6, Page 1 I y ~ . f ~ ~ , , c ~ I VA J.UA'I' I ON • COST APPROACH: Current Cost T•7ew: ` Office Space (main level) 800 @36_UU $ 28,800 Office Space (2nd level) 2620 @"t4_00 62,880 Shop Area (as modified) 4200 @32.00 734,400 Total Improve:nents Value New 226,080 Less Accrued Depreciation(33$ or 7,500) 218,580 ; ~ of Original Structnre I . Plus leasehold interest in the land 6,000 ' i - Value of leasehold interest i 224,530 ~ ' _ rounded to $225,OOQ.00 , i c ~ - - ~ INCOISE APPROACH: ~ - ' Potentia2 Gross Income: - lrain Level Front Office Space 800 sg.' @~.50 $400 ~ Back Office Space and . Workrooms - 2000 sq.' @ .50 10U0 Press Area 700 sq.' @.65 455 Shop Area 1500 sq.' @.40 750 „ Second Level - ,: i . Office Space :. 1920. sq.'. @.50 _ 960 ~;..i' .-` ~ Total I•;onthly Income $3565 ~ Gross Annual Incame x12 = 42,780 ~ ~";, 1 7~ess Vacancy and _; -: ~ • Credit Loss -2200 y : f Effective Gross rnni~al Income ' 40,580 ,~i ~ i ~ ~; . ~ ~~~~ ~~ y ~ . ~. Expenses : ~" Fixed - Taxes, Insurance 4,650 ` Operating -- r;anagernent, '' , ~ traintenanc~, Util i i:ies, etc. 9, 500 °~ ~,_ ` ' Total Expenses (35$) 14,150 Net O~erating 7ncome = $26,430.00 Note: Gross income is based on actual rents :at-ere applicable --:-- ' • and on Lessor paying all exoense~. !` '`- .` _. :.~.. . . ~ r -..-- ---- , --~ , CAPITALI2ATIGN: . • The Capitalization Rate of lI$ has been used to capitalize the net income into a value: $26,430 divi8ed by .11 - $240,272 {Rounded) = 240,000 Less Fee Simple T.and ~alue - - 20, 500 Value of Leasehold 7nterest 219,500 (Rounded) _ $220,000 EFFECT OF LEASE: The effect of the lease remains the same and has already been compensated for in ~ach appro~ch. COP.}2ELATION AND FINAL F,ST7I~IATE OF VALUE: Cost Approach $225,000 Income Approach~:=- 220,000: . As in the original Letter of Opinion, the Income Approach is emphasized as the best test of value. The Fair ?~;arket Value estimaL-e for the 3ubject is: Two Hundred Twenty Thousand nolla~s ($2?0.~00) If you have any guestions about this appraisal, please let ~ ~ me know. ~ ' Resp/ tfu13. •,submitt~r~, / - - FRYKHOLM RE~L~ESTAT APPRAISAL ~ /`l : ~ r ;.-. • /, ! ~~, /~, / /I ~ . ~ ;,. ; .,~~~.1,~~ - ;j. ~:.. ~ ,:: ,., . . Vernon;J.. .~`ryk}io1r~S, Jr. '' Appraiser ` ' +: , ::. . . . ., ~ . - • .-' , ; , . I . I 1 ,i • , 1 ~ - 1 ~ ! i - i ~ . ~ _ ~ 1 , 1 !" 1NTItULUCI:D IiY COU?~'C1L":IAN 1~'fIL'I.AN ORDIP:ANCE TO. 434-78 r . ,. ~ ~ - ~ ; - _~~ _ ~ I AN ORDINANCE OF TJiE COUNCIL OF TIiE CITY OF K~:~AI ~ ALASKA. AA1ErDtKG ORDINANCE r0. 400-78 ES'TABLISIiING F'OI,ICIrS Ahll PROCEDURES RF.LATIVF TO THE LEASE OF AIRPORT LANDS AS IT CONCERI~S TIiE F1VE YEAR REDETER- A'IINATION PER10D. ~YIiEREAS, Ordinance \*o. 400-78 relative to estabIishing policies ar,d procedures !or the Iease of aii•purt lands ~vas recently adopted by t}ie Council of the City of Kenai, and ti1'HEREAS, said ordinance revised the Jeasing policy of the City relative t~ t~irport lands so that City leases might T~e more attrsetive to potential lessees and therehy the financial position of the City, more particularly the City airpoi•t, tivould be enhanced, and ~1'HEREAS. cei•tain revisions in the leasing policy are needed so that the City's present le ~sees mi~ht t~ke advaniage of the provisions of this t~ew ~rdinance~ since it is the intent of the City Council that the ordinance app1S~ to all lessees equally, and ~YHEREAS. in the past, ij~e rents of certain lcases ~rere not redetermined at their normal rve year intervals by virtue of the Cit;~'s failure to redeiermine the same ~ und • Tti'HEREAS, so as to allocv for the 50 o cap provision of i}ie ne~v leasir~g poIicy ordinance to appl}~ as fairl3~ ~s pvssible to all existing Iessces and ne~v lessees, it is desirable to amend the present ordinance imordei• to rectity the problems caused by those leases thai have not been ree~~aluated in the last five ycar term x~hile at the same time pi•otecting the fin~u~cial position of the CitS~ in obtaining a fair i•ate of i•eturn foi• its airport lands. NOV'1, THEREFORE. BE 1T ORDAIrL'D BY TH~ CITY OF }~ETAI, ALASI{A, as foIlaws: Section 1: 2I.05.080(4) is amended to read ns follo~vs: 4. Those leases existing at the time of t}~e effective date of ihis ordinance in t~~hich the lease rate had not been recicicr;nincd at its previous rve ~'CIII• interval. rnay be redetei•mined at their nc~xt fi~~a ~~car pci~iod, utili.;ing the 50$eap pi•ovision of Section 21.C5.080(2), on the basis of the 1977 rr~perty appraisal (gauged at G~ return) performed by the City on ihe Jots in question. Exhibit 7, Page 1 .j. B ;'r.. T-. i I ' ( ~ _ I ~ I ~ ~_ ~ ~~ ~ __ __ ~ -r ~ o s- . /~ . ~ ~ =~ y;~;=~ - - _ - :...s..~... -- ~.~-. . .. .`,,~;~J ; Ord. 434-?8, j,ng~ ~ - - - - - -- w ~ ' , • .~, 'i i. ~ FASSF.n BY T}iE COUNCIL UT' '1'I:E CIT'Y OF K3:NA1 . ALASICA this 4ih day of F~~~ October.l978. ~ ^ , _-.--- j% / 'i ~ - ~ ! ~f =• - ~ . -~-~C ~ ~ ; ~ VINCENT U'HEILLY . ~11AYUR ! ' ATTEST: _ .i/~,- ~ ~~: ~".~ ' . Sue~C. Peter, City Clerk i . i I First Reading: _Se~temher 20, ]978 ' Seeond Reading: October 4. I978 ~ __._ -- Effective Date: November 4, 1978 i i i -, - ~ , . , , Exhibit 7, Page 2 T'-' "~ ~' : ~ ---- ----.a--~ .- - ----_ _ - . . _~ + " ._ ~ ~ ~ -; ~ ;~ ~ - T _ . _ . _ _ _ . i-- -.f T . r ~ ~ _' : - --~- -ra~T ~ . ~ ~ .-~ ~ „ ~:qi+-~-~a.---_ i_r.-a.._:. fs~. • ~ -1 I i _.... . __ _. _. ._ _ -. I _~.....__ . .._ .:= _, . I _ . ~ I . . . . ( . -~-~ ..- -_- ~ . .... . ~. ~. . . . . _ . ~4~ __... . __. _._ . ,~; ~ • - -. _ . . ~~ ... ...~ - ~ ~' . i~ ~ i~ ~ - - ;~~, , i { }~ 1 . ~ ~ ~ i ~ - --- ;~ . V ~~.; . , ._.._~ .. __ • - ; V~_._`... . ~ ,, ` ~ ~ '` . ! f ;. ~ ~ I~ ~ '~~ . ~': ~ ' ~ ~ ,~ ~„ .• :" '; " , . , ~ , ,~ i . Q. i ..' r , . { , i I `.r~( , ;~ ; ~ ;/" E ' AGENDA KENAI CITY COUNTCJI. - REGULAR MEETLYC JANUARY 2, 1980 PLEDG£ OF ALLEGIAMCE A. ROLL CALL A(iENDA AI'PROVAL 8. PUBLIC HEARINGS « 1. Ordinar-ce 542-79 - Amending Title 4 of Kenei biuniclpal Code 2. Ordinance 543-79 - Amendirig Title 10 of Kenai DIurticipffi Code C. PERSON3 PRESENT SCHEDULED TO BE FfEARU D. MIN(JTES I. Minutes of Speciei Dieeting of December 14. 1979 E. CORR88POVDBNCE 1. Ted Forsi i Aesociates - Airport Lighting Project F. OLD BUSLYESS (i. NEiY BUSiNESS 1. Bills to be Paid. Bills to be Rafitied 2. Requisition~ Exceeding f3Q0 3. Ordinance 545-80 - Purchose of Fire Department Vehicle -=8.??4 4. Ordinance 546-80 - Topographic blapping Project - 57.641 5. Ordinunce 54?-80 - Legisiatfve Transportatfon a Related Expenaes to Junesu -;8.000 8. Aesolution 80-1- Purchaae of Oven i Retrigerator for Ja1I - S2.000 7. ResoIution 80-2 - Purchase Airport Lighting Supplies - E2.000 8. Resolution 80-3 - Amendment ~1. CH2Dt Hill Contraet for Smnver v Tr¢atrnent Plant , 9. Lease of Airport I.ands - 8toehner. dba Aretie Fuel 10. Amendment to Lease - FM Airport ~Iticea Il. Amendment to Lexse - Kenai Atr Alaska 12. (inmee of Chance Z Rkill - Amerfcan Lpqion 13. Fsontage ftoad Contract with {Yince-Corthell-Rrysost k Frease H. REPORTS 1. City Atenager 2. City Attorney 3, btayor 4. City Clerk S. I'innnce Dircetor G. Planning i Zoning Commiaston ?. Kenui Peninsulu Borough Assembly 8. Harbor Commission I. PERSO~IS PRESENT NOT SCfiEDULED TO HB liEARD ADJOUR.`11ENT f,-----= A _ _ __ _ _ _ , _ _~ , --s , _ . ;_ . `~_. .:x..r.. L..~. ~ : ~; ~ KENAI CITY COL'NCII. - REGULAR MEETING JANUARY 2 , 1980 PUBLIC 3AFETY BUILDING MAYOIt VINCENT O'AEILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Mike Seaman, Vincent O'Reilly, Phil Aber. Ed Ambarian, Ray Measles, Betty Glick ~ Ron Malston Absent: None AGENDA APPROVAL Councilman Seaman requested the memo from Atty . Delahay be moved to Item "F" on the agenda. There were no objections from the Council. The request was approved by unanimous consent of the Council. B PUBLIC HEARING3 8-1 Ordinance 542-79 - Amending Title 4 of the Kens~i Municinel Code MOTION: Councilwoman Glick moved. seconded by C.ouncilman P.'[alston, to approve the ordinance. ~ k nt Atty. Delahay said Councilman Ambarian~ asked a question.err the December 19, 1879 meeting if the trailer provisions apply to trailer parks. ~~ ~,;. ! 1. It does not. it is only applicable to building permits, permits j on trailers are not required . ~- ~ i ~;. 2. It does not change the ordinance. '~ FIe further explained that the purpose of the ordinance was to update the ;~',4" ~ building codes. not all pages were chan~-ed. Public ~Vorks Director Kor- ~ nelis passed out a memo listing the changes . Councilman Ambarian asked if ttte State was still under the 1976 code. Atty. Delahay replied yes. Tdayor O'Reilly asked if the memo from Howard ~Iackeny re~rding the ordin- s~ ; ance doesn't raise any objection. Atty. Delahay replied raising objec- `': . ~ tions is up to the Council. However, since the memo was not brou~-ht to ~' I the Council till toni~ht, he felt the Council had not had time to revie~v it. . :.-` . _- . ~ ~-= -_~ ~~~ MOTION: ~, 1 , ~ _ ~ , f ~ J 1 ~,.,... ~__.._. ~ -_~~~~;~-~~ -.~~ - - -----~ -s_ _ _ ___ _ _ . . r -.r. - r~ ~ ~ ~ ~_. . - -~s ~-~s s~ I . ~ ~~~..0~ - , .. •~t - , ~~ . iA -- - - -- - - - ...ss~.~. ' ~.r-. _ - - - - - - - - ,--._..,:.~ ' -'- ,~*+L~:.~ '.t _ ~ • ~ , + ~ ( ~ ,,~ KENAI CITY COUNCIL JANLIARY 2. 1980 - Page 2 I ~ Councilwoman Glick moved, seconded by ~ouncilman Measles, to amend I the motionto correct the code 4.25.060 to read 4.25.080. I . Amendment passed unanimouslq by roll call vote. Councilman Aber noted 4.25.030 states "no olastic pipe," 4.25.040 a&b disputes that. Atty. Delahay replied 4.25.030 does not permit plastic ; pipe underground. It can be used onlq above the basement floor. Section 40 ie the same thing, in changing to applq to the State codes. Counc3l- ~ man Aber said PABS & PVC is being used in the State. Public ~Yorks ~' Director Kornelis replied. not in Kenai. He explained Mr. Hackney was , -- in Anchorage on a training course and reviewed this with others. If , . there are anq questions , the Council can review them in the uniform ' .. - : I building code . ' There was no public comment. ; ~ ~ ~ Main motion passed unanimously by rall call vote. ~I • ' i - ~ B-2 Ordinance 543-79 - Amending Title 10 of Kenai Municipal Code. ; , ~ „ ~- _. _ MOTION: ' , ~ Councilwoman Glick moved, seconded by CouncilmRn Ambarian, to ~ approve the ordinance. . ; , ~ There was no public comment. ~°, ~~; I Motion passed unanimously by roll call vote. ;I ~ ~ ~~ C PERSONS PRE3ENT 4CHEDULED TO BE HEAItD ~ ~ G., None ~' ; °1;. < D MINUTES ~,. ; D-1 Minutes of Special AZeeting of December 14, 1979 '. Mechanical corrections were suggested by Councilwoman Glick , b'finutes ~ were approved as corrected. ~-' ~ - ~ F OLD BUSINESS ~ - --~- i ~ Maqor O'Reilly referred to the memo from Ariy. Delahay regarding taxi , cab rates. ~' i: ~ ~ . . r j f r ~ ~' .'Ip • , 1 _` 5 T. ~ ,, ~ ~ ,i :": I~ - ~. ' ~ i.i:b, ~ j i ~ 4 ) ' '~ •'~ . ' ~~ ~~.~;. f k 1 ,h ~ . !1r_ e . _ ~ ` ~~ S ; . ~ ~ . !.'i ~~ . .., 'f~ j ~ ~ ' 1 , ,; ~ , ; ~ 'i ~. ___~_~'- i, ~.~ ::' ~ ~• , ~, ;. .r; ~..: ,:::..: .,.., , '~~.:,: r ..`: ~ ~.~~:~ i KENAI CITY COUNCIL JANUARY 2. 1980 Prge 3 MOTION: Councilman Seaman Moved. seconded by Councilwoman Glick to recon- sider Resolution 78-173. ~ Motion passed, with Councilman Amharian absent, and Councilman ~ Malston voting no. ~ Councilwoman Glick said in addition to the aroblem Atty. nelahay brou~ht up, the senior ciHzens cannot prove their income. How can we prove IIxed income. and how manq ~vill there be. Councilman Seaman said he , had no ideas, the idea is good but how will they enforce it. Also, if enough people use it, the company can ~o broke . Councilman P~alston noted in the memo from Attq. Delahay, Bert's Cab did this on their o~vn, we should not leglslate. Couneilman Aber asked, how does the appli- cant feel about this. Atty. Carson. representinq r4r. P/iiller, replied they were definitely opposed, they don't know the percentage, there were problems of age, and the rates would only apply in the City. MOTION: Councilman Seaman moved, seconded by Cauncilwoman Glick, to adopt resolution 79-173. Motion passed unanimously by roll call vote. t3 NEY-' BUSINESS t3-1 Bills to be Paid, Bills to be Ratified MOTION: . Councilwoman Glick moved, seconded by Councilmsin Seaman, to approve the bills as submitted in the Council pACket. a~k~~ Councilwoman Glick ~~ Finunce Director Erown what the City of Kenai EDA transfer of funds was. Mr. Rrown replied the LPH' projects must be trunsferred out. Councilman Aber asked about the airport lighting. Mr. Brown explained the iransfer letter in the agencia was approvin~ that. Motion was approved unanimously by roll call vote. G-2 Aequisitfons Exceeding $500 i ' -- - - - -- - - -------- ~ . ~ ~ ; ~_T ~ ~ :+ ~ _. _ __.__ ~,-_~s T ~ ------~- -___ _ _ _ _ _ __ r ti.-- -r - .. ~ - •: ----- .~ -~. , . ~ • _ - _ '=._~a:..,:..4:~._ <,:.,..~:. KENAI CITY COUNCIL _, JANUARY 2 , 1980 Page 4 MOTION: Councilman Seaman moved, seconded by Councilwoman Glick, to approve the requisitions as submitted in the Council packet. Finance Director Brown explained that Public SVorks Dept. asked today for $2.200 for tires to Schilling. MnTION, Amendment: Councilman Ambarian moved, seconded by Councilwoman Glick. to amend - the main motion and add $2.200 for tires to Schilling. Amendment passed unanimously by roll call vote. !Uiain motion passed unanimouslq bq roll call vote. G3 Ordinance 545-80 - Purchase of Fire Dept. Vehicle -$8,774. ~ . _,, MOTION: ~ Council~voman Glick moved. seconded by Councilmsn Seaman, to intro- - duce the ordinance . There was no public comment. , 1 Motion pessed unanimously by roll call vote. :~ ; G-4 Ordfnance 546-80 - Topographic Mapping Project -$7,641. `: '' MOTION: - .1`: ;; "!~ . Couneilman Ambarian moved, seconded by Councilwoman Glick, to intro- ~ i ;' duce the ordinance . ~ `?~~ There was no public comment. ~ ., ? Motion passed ur.enimously by roll call vote. ~,4 f ~ G-5 Ordinance 54?-80 - Legislative Transportation & Related Rxpenses to Juneau - $8,000. -- ~ ~ MOTYON: ~~~ { ~ Councilman Ambari8n moved, seconded by Councilwoman Glick. to ,~ ;.., _ ~ ~ ~ ' ,__~~ . __ . ~ . -~ . - _- : _ __. . _ __. -j-~ ~_ _ -_r ._ ~ ~_q t , • ~ _ ~ ~ _ - - ~•i• fK'. ~ ~ - . _ KENAI CITY COUNCIL JANUARY 2, 1980 Page 5 '1 introducethe ordinance. There was no public comment . Motian pasaed unanimously by roll call vote. G-6 ~tesolution 80-1 - Purchase of nven & Refri~erator for Jeil -$2,000 MOTION: Councilman Ambarian maved. seconded by ~auncilwoman Glick, to ~ approve the resolution. There was no public comment . Motton passed unanimously by roll call vote. G-? Resolution 80-2 - Purchase Airport Lighting Supplies -$2,000 MOTION: Councilman Ambarian moved, seconded by Couacil~voman Glick, to approve the resolution. There was no public comment. Motion passed unanimously by roll call vote. G-8 Resolution 80-3 - Amendment #1, C~i2M Hill Contract for Sewer Treatment Plant MOTION: ~ ~ Councilwoman Glick moved, seconded by Councilman Seaman to , approve the resolution. ! ; Mr. Brown explained he had been p!Iven the ~uthority to sign the ~rant ~ spplication. When it came in the msail, t~vo amendments cvere included, ' he didn't have the authoritq to sign. Two things are being requested: ~ ; 1. Number of man days . 2. Amounts of monies ~ i Councflwoman Glick said this information was the subject of discussion with Loren Lehman at the last meeting. Mr. Lehman explained the -' ; f ~ ;. ~ !' r ~ -- ~ -. • - , • -~- w• -.~~ KENAI CITY COUNCIL JANUARY 2 , 1980 -~. Page 6 p J~L'~ e r ks J reasons at that time. The~oommittee has recommended approval. There was no public comment. Motion passed unanimouslq bq roll call vote. G-9 Lease of Airport lands - Stoehner, dba Arctic Fuel The Citq Clerk stated the Stoehners were not able to attend the meeting, and requested a postponement until the next meeting. There was no objection from Councit. G-10 Amendment to Lease - FAA Airport Offices Acting City Manager Brown explained that this should be done annually. MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to approve ~ the lease amendment. Motion passed unanimously by roll call vote. G-11 Amendment to Lease - Renai Air Alaska MOTION: Councilman Ambarian rnoved, seconded by rouncilwoman Glick, to approve the amendment to lease. Motion passed unanimously by roll call vote. G-12 Games of Chance and Skill - American Leglon • MOTION: Councihvoman Gliek moved . xeconded by Councilman Ambarian , to approve the application. Motion passed unanimously by roll call vote. G-13 Frontage Road Contract with Wince-Corthell-Bryson ~ Frease ~ MOTION: ~ ~ _ -~~ 1, _ - __ ~ - - _ . f ::~ ~e~.~ t ~ •. • . Fil ~. ~~ ~ ~ , T . _ _ _ _ . _ . r _ _~ ~ . ~~ ~- .. _ . _ l~_ ..~_' T__ KENAI CITY COUNCIL JANUARY 2 , 1980 Page ? Couneilman Measles moved, seconded bq Councilwoman Glick, to approve the contract. Motion passed with Councilman Aber voting no. H REPORTS H-1 Citq Managex's Report None Ii-2 City Attorney's Aeport Atty. Delahaq noted the Municipal League Report in the packet. He also noted the amending ordinances submitted to the Council for appraval will be done a different waq from now on , with corrections and changes marked for Council revietv . H-3 Mayor's ~teport Mayor O'Reilly requested the reappointment of Mark Necessary to the Recreatfon Commission. MOTION: Councilman Ambarian moved . seconded by Councilwoman Glick , to approve the reappointment. This inotion was approved bq unanimous consent of the Council . Mapor O'Reilly requested the appointment of George Fox to the Planning & Zoning Commission. MOTION: Councilwoman Glick moved, seconded by Councilman Measles. to approve the appointment. Motion passed with Councilman Ambarian voting no. The Citq Clerk was directed to send a letter to Geor~e Fox . Mayor O'Reilly discussed the Industrial ~~•Rter Supply. A meetin~ was held in North Kenai. The feeling was that it was not to the resident's ~ ~ ! r v + i a a ~ ~ l, - - - -;r.s_.,~. .- .r -- -~ ~ KENAI CITY COUNCIL -. JANUARY 2. 1980 Page 8 benetit to be concerned about the water shortfall . There is no direct ~: benefit to Kenai or Soldotna, the Borough does not have any authority, ~ theq wanted State involvement. The meetin~ was with Soldotna ARayor ! Tom Bearup, Mayor O'Reillq, a representative from the BorouRh. and a consultant. Concluaion are: 1. A meeting ~vith representatives of North Kenai, Soldotna,and Kenai will be set up. 2. They will seek State funding for research into the probleTr. i 3. 3tudies could be sought from the 3tate to get the work under ; - way . . Mayor O'Reflly said he won't go further without Citq concern. The Bor- i • ough can onlq point out that this is a problem. at this time there are no efforts under waq to help if any industry wants to come fn. Councilman ' Measles said we should not go any further, it's been bounced around ' i for qears. Beaver Creek should not be studied any longer. If industrq wants to come in, they should t;o direct to the State. Councilman Aber I ~ said th~ City should get involved. It could be of benefit to the Citq, but could also be a detriment. If industrq wants water, theq could go to - ' the State ar-d get water. it might hurt us. Council~voman tilick said, 1. ~Ve should disregard Beaver Creek i 2. ~9e could utilize Kenai River. Do you want the City to atart re- ' search with the State in case the industrq wants to come in? ---; ;i . She further stated in the water study, they wanted to run the line throu~h ~ ~ the City, thfs would be of benefit to the City. Industry will paq in and i help us even if it is in the Borough. t'le should ~et ground-work Iaid ,' ~. before it is needed. Councilman Aber said there are 2 reasons to go to j ~ Beaver Creek: i ; .', 1. There are 2 construction stages, I ;~ a. North Kenai to Beaver Creek to the new wells. { b. Beaver Creek to Soldotna to Kenai 2tiver to the new ", . , treatment plant. _`.--- .. i ~'~`-- 2. Due to glacial water in ICenai River, some of the turpidity -. -- ~ ,~ could be reduced by adding clear ~vell water. - -- . ,; ;- . 1 , ; , ~ ~I -. . _- -_- _ __ ___~--~-- , ; . ; ~ , ~ , ~ ~ = ~= ~ ~ , t -~ ~; ~ , ,:~ . ~~ ~. ~!.. ~ ~ ` , .~ . , - ~ ~ , ~~ : ;: : . ~ ~:. . ; ,.. '' ~ ~~ i ~• ~ ~ . 1 , ~_ -~ ' ~, r Y - - ~- _ _ ~ T~ _ a ~ i~--. ~~ .~~ _~ _ ~ ._~ .-. ... ~J..:..~-1 KENAI CITY COUNCIL ~ JANUARY 2 , 1980 Page 8 k He further stated industry would not have to come into the City. They could drill into Beaver Creek aquifer north of the City limits. Councilwoman Glick agreed. but she felt it would be detrfinental to go into Beaver Creek, but they should go into the Kenai ftiver before it is needed. Councilman Aber replied we have no control if theq go into Beaver Creek. t'Ve must look into the life of the wells. They maq not be of any use by the Hme they are needed . ~ouncilwoman Glfek asked ~vhat is the life span of a well. Councilman A.ber replied it is hard to saq. a tremor would affect the life span. Maqor O'Reilly said the intent of the meetin~ ~vas to: 1. Get action m~ving. 2. Seek State involvement. ' 3. The present industries have spent their own money to get ~vater, ~ would the State spend money to Ret water? 4. Would our concern influence the State on their decision? ~ ~ ~ He then asked for a decision from the Council. I After some discussion the Council agreed to direct administration to make _= ~ up a resolutfon to support and request 3tate actfon on research and planning ~ for an fndustrial water line. ~ Maqor O'Reilly asked for discussion on Bill Brighton's applfcation for City Manager. __,~. rT CounciIman Ambarian asked how long are we poing to go with this man? i.~ Councilman Malston said if we can't have Mr. Brighton, we should start _ over. None of the others are acceptable. Mayor O'Reilly said it's gone _" on a long time and has been a strain on administrarion and the Council. ., i ~, MOTION: ; i- Councilman Seaman moved, seconded by C~uncilmnn Measles, to post- pone action until January 28, 1980, after the trial and then no more. We ahould make the decision on February 6, I980. ~ ' Councilman Ambarian said he cannot understand the Couneil. Mr. ~3ri~hton c' G`' ; has not followed the rules, why are we hangfng onto him? C~uncilman __ _ Malston proposed why not advertise at this point? If Brighton falls .•,~ ., through we'll heve to wait another 60 to 90 days. ~ ` AMENDED MOTION: ~ ,, ~ ~ -- j Councilman Dialston moved, seconded by Councilman Seaman to _.___.. =_ ~ - - - •= _. ------ -- - - ~. i. ' ;. f F • ~ t .. ~, ~~ ~ '~ ~} 9 ~. ~ ,~ ~ . n 7 : _ ~ ~ " ~ ~ .. 1. ` ~ ' ~ . ~ ~ r ` , ; ; ! i I--,-~- -_-_ -r - - -~- - ~ -~~ . . .. , ~ KENAI CITY COUNCIL i JANUARY 2, 1980 ~ Page 10 ,~ amend the motion, to readvertise for city manager. keeping Bill Brighton as an applicant. Councilman Aber asked if that could be made into tw~ separate motions. Councilman Aber made a motion to divide the question into two . Councilman 3eaman seconded the motion. It was noted that a motion was not necessary. Councilman Aber withdrew his moHon, and his request. ;-- - Amendneent to the motion passed with b4ayor O'Reilly, Councilmen Aber and Ambarian voting no. - After a short recess, the mafn motion was voted on. ,. Main motton passed with Niayor O'Reilly, rouncilmen Aber and ' I Ambarian voting no. _____ _ i ~ Mayor O'Reilly said we will start with new applications and notify ~ ~ Mr. Brighton of the status. ' i MOTION: ' r~ ~ Councilman Malaton moved , seconded by rouncil~voman Glick , that we . ~ ~ should notify ctll the other applicants that they are not being considered. ____~ - Motion passed with Ma or O'fteill , Councilmen Aber and A mbarian Y Y voting no. Councilman Ambarian suggested that if there was a poliie way of explain- ~ i ing what the situation is, we should do it. Rec~use the lst time we had ~ 1~ ' good response. the 2nd time with special requirements, we had less. ;.,; ; The 3rd time tvould be warse. Mayor O'Reilly directed the City Clerk ~ '. to do so . i ~ Mayor O'Reilly reminded tho Council of the special meeting on ~ ,.= ~ ~ ~ 'r , 3an. 3, 1980 to discuss the capital improvements program. ` `s H-4 City Clerk's Report - - !j None - -` \./ ~ ~,` H-5 Finance Director's Report ~ i ~ '. r ~. , i -~:4-_. . _. _._~ __ - ~---_-- _ . . ~ ~ ~ ~ { ~ . -. :.i Y , . -, ~ ~'1~. ~ ~ E i ~ ~~ k f:. ., ~ . ' • , ~ ; 'ti l ~ . ~ ~`~i' ~ ~~ ri.'.~, ~ ' I i i - ~ . ~ ; .,:, r ~~ ;. ; ~ . s ' ~ . ~~ ' := ~ ; ~ - ~ ~. ~~ ~ _ __ -~___ __ _- ; _ _ ~• , ~._..,F-~..~.' --..~~.~.,.. . . , ... ~ ..y,..t.. ... .~a., . . . .. ,.._ .,_ _ _ r ~-Q _. __ .. Z . - ~__ .~ KENAI CITY COUNCIL JANUARY 2, 1980 ,_ Page ll None H-6 Planning & Zoning Commission Report None H-7 Senai Peninsula Borough Assembly Report Councilman Ambarian said t~e talked to Ike t9aits , of the Borough ~ and the atudy is due Jan. 15. 1980. on the Port ~ Harbor Study. H-S Harbor Commission Maqor O'Beilly reminded the Council that there will be meetings on Jan. 8. 1980 and Jan. 22, 1980. Councilman Ambarian said he and Councilwoman Click had a meeting regarding the transportation committee, to restructure the Port of Renai Commission to cover: 1. Sea _ 2. Water 3. Air The report will be ready by Jan. 16, 1980. This will not be an advisory board, it would be a commission. _ I PERSON$ PRESENT NOT SCHEDULED TO BE HEARD Councilman Ambarian discussed Van Swan. He requested an executfve session with Mr. Swan to answer questions. Mayor O'Reilly asked on what basis . Councilman Ambarian replied that it could damage the re- putation of those involved . MOTION: Co~ncilman Ambarisn moved. seconded by Councilman Aber, to hold an executive session. Motion passed unanimously by roll call vote. Councilwoman Glick nsked if the public works director was included. Councilman Ambarian replied na, the Council should go over the basic problems now. The attorney could call him if necessary. ~i Councilman Aber said he disag-reed. It should be to discuss pertinent . ~~ --~-- r • • ' I -~_ / . ~- ~,_ ._- KENAI CITY COUNCIL ~ JANUARY 2, 1980 ' Page 12 details and employees rights at this time. Mayor O'Reilly asked if the Council wants the attorney. rouncilman Aber replied yes . Council went into executive session at this time. Upon returning to the regular meeting, Cc+uncilman Ambarian requested a motion . MOTION: ~ Councilman Ambarian moved, seconded by Councilman Seaman. as follows: [Ne discussed some questions on the personnel, and request the City ~- Attorney to give us a legal opinion on the effect of codification of 1.60.040, 1.60.050. 1.60.060, 1.60.070 of the Kenai Code with respect to Ordinence 336-77. ~uby Coqle spoke regarding ord. 336.77. If it is taken to court, it would - be illegal. There si~e no page numbers. It could be changed , extra pa~;es , ^ could be added. Attq. Delahaq replied nothing requires page numbers . ~J on an ordinance as long as they can be identified by sectian number. ~ _~~ Councilman Malston asked about the house numbering sqstem . Public , Worka Director Kornelis replied it has been given back to Glacier State. ~ Couneflman Malston stated at this point. we will require the neonle to ; ~ ~ use house numbers. I - i Councilman Ambarian reminded the Council of the luncheon meetin~ ~ with Wien Jan. 3. 1980. '. ~ ADJOU RNMENT ;. t Mee in ad'ourned at 10: 35 PM. '~ g 7 ~, ~ ~ '~ . .4 I, ~ ~ ~ Respectfully Submitted. ,: ,'4. , ` ~ .~~ ~7~~~dl~~ . ~L __ ,~-_ ~ et ZYhelan, City Clerk h . s- ~ p --~ _ , ,-- ,--- __ -~~+7 . , _ _. ~~- _ _ _ _ / . ~ AGENDA ; ~ - ---~ _ , -.. KENAI CITY COUNCIL - REGi1LAR R'-FETING JANUARY 1~, 1980 PLEDGE OF ALLEGIANCE A. ROLL CALL • AGENDA APPROVAL B . PUBLIC HEARINGS 1. Clydinance 531-79 - Amendment to Airport Leasing Ordinance 2. Ordinance 537-79 - Amending the Muni~,~ipal Code. Title 23, Personnel (qmended) 3. Ordinance 545-80 - Federal Aevenue Sharing Funds, Purchase of Fire Department Vehicle - $8,??4 (Amended) 4. Ordinance 546-80 - General Fund Budget - Tapog-raphic Mapping Prnject - g7.s41 5. Ordinance 547-80 - General Fund F3udget - Transportation & Related Expenses, Legislative, to Juneau - $8,000 C. PERSONS PRESENT SCHEDULED TO BE I~EARD 1. Jesse Syade - Assessment Districts ~ 2. Bill Auandt - Assessment Distrtcts D. NIINUTBS 1. Minutes of regular meetfng of November 22. 1979 2. Minutes af regular meeting of Aecember 19, 1979 E. CORRESPONDENCE 1. Ted Forsi ~ontract end Amendment to F.AA Grant F. OLD BU3INESS G. NEW BUSINESS 1. Bills to be Paid, Flills !o be B.utified 2. Requisitions Exceeding- $500 3. Resolution 80-4 - Additional Tuition Costs -$400 4. Resolution 80-5 - Award of Micr~form ReadQr/Prlnter . Library 5. Resolution 80-6 - P.'ater & Sewer Budget, ~tppair of ~yclo-Rlowcr - $I,500 6. Resolution 80-7 - Reeonnaissance R~pori,'~ia~-i~tion Imnrovements. U. S. Dept. of Engineers ?. Lease of Airport Lxnd - Stoehner, ~iba Arctic Fuel r . 1 , ~ _' '. ' _" _ " - - T _ _ _ . i- ~= P -i ' 1 -_. : _ _ ~__~__ ~ • ' . ~ _~ ._____ ~~_ _ - _ ' " ' .. . . _ . _ . _. _. . . .. ""_ "-"'_'_ "-___ . . ___ _ _~ ! _ : _ " - _ 7 `j " . • ~ 1 1• ~ 8. Lease of Terminal Space - Polru~ Airlines ~ ~ ___ _ 9. Lease of Airport Lands - TB~D Realty +_' ~ 10. CH2AS Hill - Sewe~ge Project Design - E40,000 ~ „~ ~l. Games of Chance & Skill - Kenai Elks Lodge I ' 12. Management of Airport Land - City Attorney ; ( 13. Design Development Drawings for Ap~roval - rarmen Gintoli ~ " I 14. City Hall Design Contracts - Carmen rintoli -(2) : 15. Carmen Gintoli - Invoice - ~9,800 16. lt4echanical Maintenance of City F~uildings 17. Discussion - fitreet Names ~ H REPOATS -- j l. Citq Manager • • I 2. Citq Attorney , - - 3. Mayor " J 4. City Clerk .. - . -. ; 5. Finance Director ' 6. Planning & Zoning . ~ ?. Kenai Peninsula Borough . . ~ 8. Harbor Commission 1 ._ . ; I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ; - I , _. ; ~ AvJUURNMENT ~ „ - ~ ~ 1 1 , , ~ ,. l ~ ~ ~ ~"'c.- -~.~ - e~ v -~ _ . _. ~ ;-- , - T-_. ~'r~i t -• - , J. ~ , ~ ~ ~ ~ KENAI CITY COUNCIL - RBGULAR MF.ETII~G JANUARY 16, 1980 KENAI PUBLIC SAFETY BUILnING bZAYOR VINCENT O'ftE2LY PRESInING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Vincent O'Reilly, Ed Ambariun, ~tay Measles. Betty Glick, M~Ice Seaman Absent: Phil Aber, Ron Malston AGENDA APPROVAL B . PUBLIC HEARINGS B-1 Ordinance 531-79 - Amendment to Airport Leasing Ordinance. There was no public respo~se. Attorney Delahay noted this has been put off for a couple of months, at his request. The time spent on the airport lands concerned him. The Council attempted to sell 16.25 acreas, but it did not sell. The Council did not want the Citq to finance the purchases. This is a$150,000 budget, and no department, if we ~!et into leasin~ land. ~lteiting 5 qears at the rate of inflation, the lease rate increases the shock to the lessees. 5 years is normal acc~rding to la~v, but with inflation p,rowth, 5 years is unreasonable. He said he would like to get awaq from the necessity of having an appraisal everq 5 years . He would like to develop an ord- inance with an annual lease based on value set on index propertq in private ownership with value set by the Borou~h assessor. The assessor would be independent. The land ocvner has the ri~ht of appeal to the Borough. The appraiser would seleet prfvatelyrowned land of various types for value appraisal. It would only applq to new lesses, not to past leases. Each qesr ft would be set by percentage based on the Brorough estimate. If the key Iand changed value, this would change the value for appraisal of the land being appraised. He said he would like to see the City sell its land. We could keep funds invested. but leased Iands need constant care. He reslized we would be competing ~vith private enterprise, but he said he might remind the f:ouncil we went into compe- tition with private enterprise when ive leased the land. Sealed bids would be best for sale of the land, if the land is sold, if the Council approves, he would draft an ordinance. If not, the ordinance is ready for approval. If the Council ~vishes to pass the ordinance, he would like to make some changes . The Counci2 eould pass on the ord- inance and go ahead with renegotiation of the leases. _. -•~r; -.--~-- --~--.~r--~ f . ~~ ~ ' _ ~, .\ • rr°• :~="- _ s ~ KENAI CITY COU!JCIL f ~JANUARY 16, 1980 f Page Z ~ s ' MOTION: ~ ~ Councilman Ambarian moved, seconded by Councilwoman Glick, to f adoptthe ordinance. F E ~ Councilman Ambarien asked Atty . Delahay to revietv all the changes and oorrections suggested in the ordinance . Attq . Delahay reviewed ; all changes and corrections . i ~ -- hiOT10N, TO TABLE: : . ~ Councilman Ambarian moved, secanded bq Councilman Seaman, as ' follo~vs: In light of the fact these amendments d~ affect the ordinance, i " I move to table the ordinance until the attorney makes the corrections, ~ to a time certain. ' Motion passed unanimously bq roll call vote. ; ; . ; ' Mayor O'Aeilly requested Atty. Delahaq prepare a memo to Council further ~ explaining the changes anticipated in the 60~ "cap" if the amendments ; are approved. - '~. - ` B-2 Ordinance 537-79 - Amending the Municipal Code, Title 23, Personnel ~ Code (Amended) i ~ • Comments from the Public: i Ruby Coyle reiterated her strenuous objection to deleting the personnel ~ `,, board. She said those at the meeting cvanted it left in, and even wanted ~' ~~ tA increase it to 5 instead of 3. This was not taken out before, it was ~ ~ ! written into the code by the creators of the ordinance .~e have 2 C.ouncil- j ~. ;~ men that were here in 1877, they have no recollection of any intent to ; !- f- •, ~ take it out of the oode. She did not think ft was the wish of the people. ; ;~~; ~ Whq should we spend ourtax dollars on 1Rw suits? ' ~ ?~ f'~ ~ Mayor O'Reilly explained to the Council there are 2 substitute ordinances. ~;~ i " He also reminded them of the attorney's opinion that the personnel board ~, ~ F ~ . ~ was deleted. ~i4 ! , ~~ ~ ~ ' MOTION: ~ 9 i `' f~ Councilcvoman Glick moved, seconded by Councilman Pdeasles, to bring R the ordinance back from the table. r ~ ---- - ~ ; ~ ` Councilwoman Glick asked if the adoption of the ordinance was presented f ~~~ . . ~i , ~ ~ !f i. E ~ i ~ , ' ~ i . ___-__.t"'~___ _'._. _____`--_'___'_ - _ ~ , ~, ~ - - ____ __ { / r KENAI CITY COUNCIL JANUARY 16 , 1980 Page 3 on November 7. 1979. Councilman Ambarian replied yes. Msiqor O'Reilly asked if this cvas the ori~-inal ordinance, r~uncilwoman Glick renlied yes. Councilman Ambarian said it was the intent of the motion to defes+t the ordinance and propose a substitute. Cc~uncilwoman Glick stated that was not the intent of the m~ker of the motion. Councilman Arnbarian re- plied that was the intention of the TMseconder.'~ Councilwoman Click said she thought we should adopt this ordinance f+nd have the administraHon make changes to add the personnel board , increase it from 3 to 5. and decrease the term to 2 or 3 years instead of 6. Also, she su~-ested we add a oopy of the comments from Lillian Hakkinen. this should be looked at so that when we are $nished, we would have a oompleted ordinance. She stated she intended to vote for adoption of the ordinance , then come back with a proper ordiaance for oorrection. Mxqor n'Reillq asked if she meant the amending ordinance after November ?, 1978. Councilwoman Glick said for the sake of proper clarificAtion , the changes should be put into their otm ordinance amending 537-79. rauncilman Ambarian said if zve adopt the original qou are adopting one none of us want. We should vote it down and oome back with a clean ordinance. ~Vhq put on the books an ordinance the Cauncil is a~;ainst. Mayor O'Reillq asked, qour intent, if the ordinance is defeated, you zvill propose a ~substitute? Councilman ~( ~ , .., ;~ ~ i , ~ ;~- _ ~ f ~ ~, s ~ r ~ ~ ~ ,- ~ 'i V ~ A ~ Ambarian replied qes, he c~ouldn't see starting all over again. Also, how long before we start adopting the amendments? Councilwoman Glick asked is it your intention to have the administration start the corrections right away? Councilman Ambarian replied qes. Councilwoman Glick continued, and with guidelines regarding term of office, number of members, etc.? Maqor O'Reillq asked Attq. nelahny if we defeat the origlnal ordinance, can we offer a substitute ordinance ripht awaq? Atty. Delahey said no, the ordinance would have to be reintroduced. He further suggested Councilman Ambarian move to amend the ordinance by substituting tvith a eubstitute ordinance. He said it wouldn•t be a substitute then. because that ordinance would be defeated. You'd have to start a new ordinance route. If this is done, qou can go ahead, we already have had a public hearing, and dispose of it. ~ Mayor n'Reilly said if the intent of t'c~uncil is to ~et as manq of the ideas that have been offered to Council , they are refiected in one or the other substitute ordinence. Then if the ordinance before you is defeated, we canaot offer one of the substitute ordinances. So if your intent is to vote on substitute ordinance 1 and 2, I would accept that as an amendment to the ordinance before us. If the ordinance is defeated, we could not approve the suhstitute ordinance for amendinp rather than vote down the ordinance. Y / . ~~~ "' _' ~ ~ . ~ ~---- _. , . . - ~ •~~-r.__...: L.u RO s . - . RENAI CITY COUNCIL JANUARY 18 , 1980 Page 4 '~' Councilwoman Glick said, her ooncern is that we try to Rddress - ii we are in a~!reement with the comroents that have been added to us, snd I think some of them ai•e verq valid - we need to get them irrto the ordi- nance and I'd like to follow the prodecure. Mayor O'Reillq replied that's what we're tryin~ to do. MOTION: Councilmsn Ambarian mwed, seconded by Councilman Q~man, to amend ordinance 537-79 by amending it wfth 537-79, 2nd substftute and set public bearing at the next Council meeting. - Councilman Seaman asked ff a qes vote will get it at the next meeting. Mayor O'Rdlly replied yes. The amendment to the mation passed unanimously by r~ll call vote. The main moifon with the amendement passed unanimously by roll call vote. Councilman Ambarian noted the Acting Citq'.~Ianager Broum's metno, the changes ~vere requested bq the police emplaqee's committee, not by him personally. B-3 Ordinance 545-80 - Federal Bevenue Sharinp Funds, Purchase of Fire Department Vehicle - $8,??4 (Amended) 1VIOTION: Councilwoman Glick moved. seconded by Councilman fieaman. to apprave ~ i the ordinance as amended . ~ i There was no public comment. ~ ~ Motion passed unanimously by roll call vote. ~ B-4 Ordinance 546-80 - General Fund Budget - Topographic N[apping ; Project - $?,641. f MOTION: ~ Councilman Atnbarian moved, seconded by Councilwoman Glick, to approve ~ the ordinance. There was no public comment. ~ q ~~ ~ ~ - - r -.i-~ -~.- - i ~t ~ - ~- -~-- i--~ -r ~-~r- KENAI CITY COUNCII. JANUARY 18, 1980 ~ Page 5 1ltotion passed unanimously by roll call vote, B-5 nrdinance 547-80 - General Fund Rudget - TrunRportation & Relateci Expenses, Le~islative, to Junesu - ~8,000 (pmended) DiOITON: Councilman Ambarlsn m~ved, seconded. by rouncil~vor~an Glick , to approve the orclinan,ce. There was no publfc commeitt. Mayor O'ReilZq noted that this aras a subsiftute ordinance, the travel ~s not limited to Juneau. MOTION, AN~NDED: Counc~ltvoman Glick tnoved, seconded bq rouncilman Ambarian, to amend her motion and submit the substftute ordinance. ~ The amendement passed unanaim~-uslq bq roll call vote. The main motton passed unanfmrnisly bq roll cail vote. Ms~.yor O'Reilly noted the tirst reading dateR, 2nd reading dates and efteet~ze i~ates 5hould be changed to rerid Jan. 2 and dart. 16; Council- woman Glick requested that be shawn in the minutes. C PERSONS PRESENT sCi~DULED TO BE HEARn C-1 Jesse t7ade Mr. Wade said he wishes to stsite his pnsition re~;arding the personal property tax assessment and to correct any misconception ot his previous letter. He stated he is not willin~; to pay the tax sent to him. His letter was not to object to the evaluatian by the Bc~rough. He has no alterna- tfve but to challenge the tax assessment. ~tayor O'Reilly said we did send a letter but msqbe Mr. Wade would like to clarify it for us. Mr. ~Yade said he will have to get a response from the Citq regardin~ this, he further stated he supposed he would have to wait until he get a res- ponse from the City before fie ~oes any turther on action re~;ardinq the services not received. btayor O'ReiUy asked, essentially, he wishes to have a response from the Council? Mr, t4ade replied yes. Mpyor ,~ O'Reillq said the Council ~vas not readq at this time. !vlr. ~7ade said he didn't know what services ere provic~ed. Councilman Ambarian said ~ T---r---- -i ~t T -~- ~- . -~ -~~--. N '~-5~-- -- - _ . _ - - - - ~ KENAI CITY COUVCIL ~ JANUAItY 16 , 1980 , I Page 6 ~-~ ~. bow can he abject when he doesn't k.now what he is receivin~. Mr. SYade k replied he can readfly see fire and police, but ~ther services are not ~ eomprehensible. Mayor O'Aeilly nr~ted the next p~srson tn speak wiil j be dealing with the same siriiation. The Councii can have snswers for both. , ~ C-Z Bill ~usndt i ~ Public ~9orks Director Rornelis s~oke. He explained he was not speak- - ' ing far hir. Quandt, he had a oopy of hfs nlat. He explained 1~'r. 43uandt i wants an assessment district set up for his s~ibdfirision, l-~-r. Kornelis . explafned to Dir. t~uandt that there was a aossibility nF,C would finance k-- ; 50~, the other 50~5 would have to be an assessment district. ~ ~, ~ . ; Mr. ~uattdt said he thought ~t is a mistake to paq 50$, it would bring in i money to the City, and he could sell hfs lota - it ~vouid be good for him too. 11Sayor n'Reilly asked l~ir. (~uandt hacv mAmr lots he had. Mr. Cluandt ' replied 25 or 30, he owns 22. Mayor O'Reilly asked if the other prapertq ~ i ~ owners had expresaed an interest ~~y~er tc sewer N~r. Quandt replied ' yes and gave the CounMl 3 exam les of r e P p op rty rnvners, 1'Aaqor O•Reiliy ~ enpl~ed we would have to have an agreemerrt fromthe majoritq of ~ property otvners in the area. Mr, ~uanclt replied 51~, he owns 500. 4- - 1 Counailwomaa Glick asked ~vhat was the size of the lots. Mr. Quandt replied 75 by 150 . Council~voman Glick noted if he put water ~ sewer in , he can uHlize smaller lots than what he can now, Mr, ~uandt said he ° put in wster himself, ;25,OQ0 in water lines, is there anq chance of pu~ in an assessment dfstrict to Pet this back? N~aynr O'Reilly repli~cl no, they read when the district is started. At the su~eeti~n of Councilman Ambarian, Niayor O'Aeillq stated, since Mr. Au~ndt hae the majority ot , lots, we will direct the administration to sf!t uA an assessment district, F Mayor O'Reflly askec4 Cc~uncilman Ambar~an, was the 3~sessment Qist- ,~ rfct of Thompson Park study ms~de, ; , Councilman Ambarisn said he sugp!ests l~tr. t~ade review the budget to ; ; see what he's getting; %- = = Lfbrary Recreation , ; Senior citizens , Animal Controi ~ 1N(r. ~Vade said what about water ~ sewer. Councilr.~an Ambarian said ~ -_-_ - - water ~ sewer supports itself. Mr. S~nde said fire fightinR and street , -; maintenance. There fs no atreet mgintetwnce. As far as fire fighting ; _. _ ~ ~ i is concerned, North Kenai is cloaer. HP said he would be glad to ~ ~ ; _ :r„ ~ ~..~,,. r ~ ~ ' ~~ ~ ~ " ~ ' . 1- ~ ~ ' ~ ~ + ? - ~ ' ~ : i ~? ~ ', • ' i ~ ' •_ i t ~ ~~. 't _~ ~ ~' ~; ,~ ~ _. _ ~ ~ ~ , ~~ /~ -~- --- --~ _ -- -~ KENAI CITY COUNCIL ~ JANUARY 16 , 1980 Pa{~e ? review the Thompson Park study. ':1tay~r O'Heilly direeted the admin- istration to get the Thompson Purk study for Mr. ~Vade. Kubq Cnyle stated she had a copy of the study. She a1RO noted Juneau-DouPlas Citq-Borough has service areas. D bQNUTE8 D-1 Minutes of Regular Meeting of November 21, 1980. These were up for 2nd revietv. Councilman Ambarian said he had made the objeMiions, but Council~voman Glick had made the changes. Citq Clerk ~~heIan explained that she had researched the matter, and had diecussed it ~vith Atty, nelahay. Rhe is unr+ble, accardfn~ to Robert's Rules of Order and the 1liunicipal ~.ode, to chsinge the minutes as tqped. If there are grammatical errors, or deletians because of clerical error, the corrections maq be retyped. However, if the intent of the speaker was dffferent than what was actually said , the minutes of the follewinq meeting must record the intent, and the nreviaus minutes must re~r!ain as submitted. Council accepted the statement, and the minutes were BPProved with mechanical corrections made by resuncilwoman ~31ick. ~ D-2 Miautes of Regular Meeting ot December 19, 1980 Miautes were approved as submitted. E COARESPONDENCE Mayor O'Reilly noted the Ted Forsi Cantraet and Amendment to EDA grant. There was no comment bq the Council . Mayor O'Reilly then stated Hrirbor Commission Chairman Peterkin had met wfth 3tate of Alaslca Port t~ ~IArbor nirector pon Statter. Mr. Statter had offered the City, it tt~e ~iry nut ua ~s,000, a matchin~; State fund of E5,000 for a feasibilfty study. Maqor O'Reilly said he wanted the Council to be aware, and asked if there was anq objection to the letter the Maqor had s~.mt in repiy. There was no ~bjection trom U`,e Cc,~uneil. T}ie City Clerk ~vRS directed to send the letter. Mayor O'Keilly noted the letter trom ~trR. John Lounsbury. The planes w~ren't Aying, she w~s fn Anchora~e and couldn't ~-pt ba~k, and her car wAS impounded. AtsYyor n'Reilly noted that this has haooened he- fore, and asked tor ariy response from the ~ouncil. ,=~ Councilwoman Glick said if people cRlled the police from Anchora~e, d~~ they would take this into consideration. She asked if there waa any ;: / ~ ~.. - - ---- - _r ~_ _ ~ - •.r :=,~= - v ~ r , ~ 1 + -- ~ --~ ~ . -~ ----w ~ KENAI CITY COUNCIL JA,WARY 16, 1880 Page 8 response or discussion tvith Chief Aoss, trtayor O'Reilly noted he (Chief Ross) had calls also. Councilwoman Click nated it seems that if cars are left there not due to negligence but by an act of God, we should make sllows~nces. biayor n'fteilly requeatpd the administration draft an amendment to the ordinance reqarding airport short-terri parking. Councilman Ambarian asked ho~v are we going to define the rfght af police to decide ~vhether the car owner is aoming or going, or at the hsall? And if it's bad we8ther in the wfnter, normallq it's snow- ing and thfs ateans the Citq crews have tn remove the snow out of the parking lot and if we don't we get cells frem the peaple who work at the airport that the snaw removal fs not being taken care of. Mayor O'Reillq mused that it seems too bad that when people make an honest effort to comein----------- Councilman Ambarian safd it is not the fault of the police efther. Council- man Seamaii suggested the Cauncil give it to the Public Works Committee. The Council agreed to have the administratian make up an amendment to the ordinance. c r~w susn~ss G-1 Bills to be Pafd, Bills to be Ratitied MOTION: Councilwoman Glick moved, seconded by Councilman 1-4easles, to approve the bills to be paid, bflls to be ratified, as submitted. Motion passed unanimously by roll call vote. G-2 Requisftions Exceeding $500 MOTION: Councilwoman Glfck ~ved, seconded bq CounMlman Seaman, to approve ~e requisitfons as submitted . Motian was passed unanimously by roll call vote. G-3 Resolution 80-4 - Additional Tuition Costs - g400 biQTION: Councilman Seaman moved, seconded by ('ow:cilman AmbArian, to ~ ~ ; i~ 11 ~ ~ -~_. ~' ____ .._.._ ~ . _.___._-_-_ . _. _ ___ i_ ~._ __. . .~ ~~ ~i ~ _ - - ' »a:~~ ,f __f ~ . .. ; ~ E . ~I KENAI CITY COUNCIL JANUARY 16, 1980 ~ Page 9 approve the resolution. There was no public comtttent . Motion pessed unanimouslq by roll call vote. G-4 Resolution 80-5 - Award of Microform Reader/Prlnter, Librarq b'IOTION: Council~voman Glick moved, seconded bq ~ouncilman Seaman, to approve the motion. Aon Chappel of the The C1Prion stated his supoort of the motion. Motion passed unanimously bq roll call note. G-5 Resolution 80-6 - Water & Sewer Budget, p.epair of c;yclo-Blower - ~1.500. ~ MOTION: Councilman Measles moved , secondPd bq Ccsuncilwoman Glick , to approve the resolution . There was no public comment. nZotion passed unanfmously by roll call vots. G-6 Resolution 80-? - Recormaissance Regort, Navigation Improvements, U.S. Dept. uf Englneers MOTION• r~ • ~ ' t* Councilman Ambarian moved, seoonded by rouncilwoman Glick, to ° ~~ ~ ~ approve the resolutfon. ; ~Yaldo Coqle stated he thou#~ht it tvas about time you did something ,.~ ; on this. ~ '' Atty. Delahay said tte was uble to contact CApt. Reynolds, we can ~' ~ make the corrections. The rity rlerk was ~lirected to make the -- ~i corrections. ~.~ r ~ ~ Amendments were approved unanit!~ously by roll call vote. i ~ i ~ __. _~-~-'--~~ i I ~ ~ ,~-'_'- ___ _T_ ~ , ~- ; ~ . ~ - ' - ~ . .~.~.-4/iS:-i. . .~ .. ~ ~~~~~~.- ~. ~~_.-~ .. ~ .~ .~..~. u - _ - . .. _ - ~ _~. _~ _._""_. ___ ' ~ -- . . • ~.. . __ .. _~r '.v-~~ir .. ~~ . -. :~ KENAI CITY COUNCIL - JANUARY 16, 1980 Page 10 l~iain motion passed unanimously by roll call vote. G-7 Lease of Airport Land - Stoehner, dba Arctic Fuel Attorneq Garnett, representing the Stoehners, requested a delay in discussion of this lease. Council agreed bq unanimous consent . G-8 Lease oY Terminal Space - Polar Airlines Acting Citg Etana~eer explained the lease is late, Polar Airlines ~ has paid the amount. MOTION: Councihvoman Glick moved, seconded bq Councilman Measl~s , to approve the lease. Motion passed unanimouslq bp rnll call vote. G-9 Lease of Airpart Lands - T~D R.ealty *~InTION: Councilwoman Glick moved, seconded bq Councilma~ Measles, to approne the lease. Tom Waterer, of T&D ftealtq, ~aid he had no conimFnts unlgss there were some questfons from the Council. Acting Citq hzanager Brown said it was his understanding that the date was to be changed Lo Jan. 31. The motion, with the amended date, tvas appraved unanimously by roll call vote. G-10 CH2M Hill - Sewerage P~ject Desi~n -$40.000 MOTION: Councilman Ambarian moved, seconded bq Councilman 3eaman, to approve the charges. i~iation passed unanimouslq by roll call vote. ~ P ! }J ~ 1~ ~ ;J ~ ~ ! .~~~~ .~ r ~ " z- --- --- -~ ~ KENAI CITY COUNrIL JANUARY 16, 1980 Page ll G-ll Games of Chance & Skill - Kenai Elks Lodge Counciltvomnn Glick moved, seconded bq Councilman Ambarian, to accept the application. _ The motion was passed by unanimous consent. G-12 Management of Aitport Land - City Attorney "Y 1 ~ Atiy . Delahay said he had already cavered this sub ject under B-1, Pubiic Hearings, Ordinance 531-79. ~ (3-13 Design Deve2opment Drawings for Anproval - Carmen Gintoli •~ 1tir. Gintoli explained that he v~as submittinp, some revi~efl drawinp!s. j ~Ie distrfbuted the drawings and estimates from Anchorag-e. He explained ~ the reason he brou~ht them out ie because the schematic desi}~ns brought the cherges to ~1.21~ifllion. On Ms otvn, he ma~e alternates, at no chsir~e -_ to the Cauncfl. The Council chambers ~vill be fn the 2ower levet. The I lower level fs larger, the upper is the same. He thade the lower level lighter. He would like to submit it as an additive alternate. The reason , why is because he feels confident it can be done at cost. The addiflve alternate is better cost-wise than a deductive alternate. The State does _) aot allow deductive alternate. The plans show room for more tha~n one ~ meetin~ ai a time. The cost of putting it there is ap~roximately , $250,Q00. He feels the origlnal ooncept will come fn at the original cost. Anchorage considers all outside Anchorap;e to be Bush, Kenai is not. '; Alot of the $250,000 can be eliminated. Mayor n'Reillq asked was the ~; ~ second estimator asked to give cost? Mr. Gintoli replied qes, they were ;, also above $1 biillfon. As he told the Council, he feels we can get it ` under ;80 per square foot. Mayor O'Reilly asked Mr. Gintoli if he wae __ _- asking ~uidance from the Council to put out A-1 for bid. Mr. Gintolf replied yes. Council~voman Glick said she, ~ouncilman Seaman, and ~; Councilman R'[easles had reviewed the plans before the meeting and ~~.~ .~; agreed with Mr. Cintoli. Cc~uncilman Ambarian said l~I03 per square foot is waq out of line. He stated he tvould Also be in favor of the addi- __~_: tive alternate. Mr. Gintoli said all the other draivinps are the sarae. They are design development staqes. The reason for the overhar-R in -- A-6 is the windowa have been desipned to A~imit noon Hme sun Sept. 21 --r- ~ ,~ to March 21, and shade out the sun *isirch 21 to S~pt. 21. He recalled last summer in the Court House, they had to close because of the heat. , -- _ - _. ~I . ~ l~ . ~, , ,~ ~ . ~ ~ I ~ --. - . ----~w--~ KENAI r:ITY COUNCIL JANUARY 16. 1980 Page 12 Also, there are small windo~vs on the north side. He nroposed to use energy conserving techniques available. There is a~-rant evaiJable, but no forms are ready yet. There are two purposes for energy con- serving grants: 1. Afr to s:r heat exchan~er 2. Desfgn as additive alternate insulating shutters on the south wall for winter . ~ , ,: _ ~ ,: - ~i ; I I ~ ~~ I ~ ~ ~ : : ' ' . He explained that even with trfple glaze, the heat loss is great on glass. If the CounMl will permit, Mr. Gintoli said he will apply for a grant. The only thing is, the shutters must be closed when the sun is not out. The informstioit is, the grants will be awarded next summer. biaqor O'Iteilly asked if there were any remarks from the Council. Since there were nane, he instructed Mr. Gintoli to Ro ahead with the plans. Mr. Gintolf said the construction is by F~lince-Corthell. The roof is de- signed for a third floor at $10,000 extra cost. If there is any objection from the Council, he will redesip,n. He also explained there ere energy- efficierit light fixtures, reducing costs 20~ to 25$, fn an 8 hour daq. All drawings reflect additfve alternate. There is a gas-fired, torced hot water sqstem, using glqcol instead of water. Air-conditioning is also listed, but is up to the Council. Federal regulations say it ean't be used tul ft•s ?5° and wfth ener~!y-efflciern liahts, they will not ' aftect the heat. The cost for air conditioning is $15.000. He would ad- vise puttin~ ft ia, at least as att additive alternat e, Maqor O'Reillq asked if the Council had to consicier now , Mr. Gintoli revlied now or later. Councflwoman Glick noted that this was not di~cussed before the meetiixg, what did Couneilman A4easles and Councilman 4eamAn think abeut running it ss an additive alternate , Councilman Nteasles replied yes.put it in as an additive alternate. n~*, (;intnli nntp~ thR out- side is listed as vorrugated metal. He had intended Cort-Ten, it is main- teaance-free and steel. 26 weeks is allowed for delivering ateel, Cor-Ten ie available in Seattle, but we need a plant to develon the shape. There are three fn Anchorage. He said he would like to s2e the City use it. It is different, but not unknown. A sprinklin~ system costs $18,000, it can be paid vff in three years in insurance savin~s. Councihvoman Glick asked isn't a sprinklin~ syetem required. ~ir. ~intoli said no. Gouncil- msin Ambarian asked if there was a ceiling or exposed pipes. bsr. Gin- toli said exposed pipes. He proposes the ducts in different colors, to identify what runs through them. The savings are tcvo-fold: 1. A drop ceiling requires duat work . If you do nat have suspended ceilings, there's no need to have fire dampers. 2. The ceiling itself, we are able to dron the ~eiling cost. r-- ~ ~ - I~ .~ ~ , ~ I I _ KENAI CITY COUNCIL JANUAAY I6 , 1980 Page 13 '-- ' "~~- _~ i Ron Chappell asked about insulation. Mr. Gintoli explained it is on the rooi. As it get warm, it insulates. If it is laid on the roof, it covers the entire surface. Librarian DeForest asked about the ~nsurance rates on a metal versus a concrete building. Mr. Gintoli replied theq are both Tqpe II, there is no difterence. However, a concrete building is more expeasive to build. Mrs. DeForest said the librarq is concrete, it cost more to build, but the insurance was less. Rir. Gintoli replfed that their investigations showed the seme insurance rate for both. 11'lrs. DeForest asked if there was hwniditq control. Mr. Gintoli replied yes. Mrs. De- Forest asked about the type of heat. Mr. Gfntoli replied it is eleaner and more oomfortable . Mrs . DeForest said the library has foreed air . they Snd it cheaper. Mr. Gintoli replfed they have alot to consider in the circwastances. Mayor O'Iteilly said the Council must approve the platts. Council approved the plans by unanimous aonsent. , Publfc tYorks Airector Kornelis was asked tfl report on the Arness build- ing. He safd he ~vould have a repori readq by the next Council iaeeting, ~ Mayor O'Reillq asked him to sead it to Council when it was ready. ___ Councilnaan Seaman asked Mr. Gintoli what was the square footage of the new City Hall building, under the new proposal. Mr. Gintoli replied it was decreased bq the Council Chambers, 100 square feet were added , ~ (we had 96 sq , ft .) there is now a total ot ?900 squsre feet. G-7 Lease of Airport Land - Stoehner, dba Aretie Fuel The Stoehners were now ready for discussion on the lease. Mr. Stoehner safd he had put in the basic request, there was no need to discuss it. MOTION: Councilman Ambarian raoved, seconded by Councilman 3eaman, to approve thelease. Motion passed unanimously by roll cail vote. Acting City bfanager Brown ssid the date change fs far the Council to decfde. Iteferring to the 6~, adminisiration has no objection. Atty. Delahay asked if ttte motion was to approve the tesse with the changes. biayor O'Iteitly replied no. 6~ MOTION: , / ~ ~ _ --.r --~ . , _ _ _ __ _~_ KENAI CITY COU;~CIL JANUARY 16, 1980 Page 14 Councilwoman Glick moved, seconded by Councilman Ambarian, for immediate reoonsideration of the previous motion. Motion for reconsideration was passed unanimously by roll call vote. MOTION, A1ISENDED: Councilcvoman Glick moved , seconded bq Councilman Measles, to change the date of right of entry to dan. 31 and include the 6$ since the adminis- tratfon has no objections to it. Councilraan Seaman said Mr. Garnett needs to get wfth the $toehners and get back to us on the dste change. Atty. Garnett asked whq was the date changed to Jan. 31. Councilwoman Glick said she realized the request was to July 1, 1880, but at the same time if the lease was approved previouslq, theq would still be paying anqway, and she feit like we just approved one other lease with an extension to Jasi , 31 and she felt this one should be the same. Atty. Garnett said they hsd come to the City many times. It has been held up since last May. The City came to them and asked if they wou18 withdraw, that theq had some other people in- terested, and theq did. But this did not materialize. He said theq could have made the land productive in August when they came in before, but they can't now until June. There was a shoM reeess for discussion. MOTION: Councilwoman Glick moved to amend the motion, Councilman Ambarian seconded the amending n~otion . The motion was withdrawn by Councilwoman Glick, with consent of Councilman Ambar3an. The first amended motfon was then unanimously approved bq roll call vote. MOTION: Councflwoman Glick moved, seconded by Councilman Ambarian, to approve the lease with entry date of April 1, an effective date of April 1, and 6~. Motion passed unanimously by roll call vote. ~ ; i ~ ...~ ~ _ - ____ , ; ,~ .r ' - . LL ~ ~ ~ __ ~ -~ , -~ KENAI CITY COUNCIL JAIJLIARY 16, 1980 ~ Page 15 G14 City Hall Dasign Contracts - Carmen Gintoli (2) l~Tr. 1Brown explained this was an administration error. Mayor 0'Reillq asked if two motions were necessary. Mr. Brown replied yes. Mayor O'Reilly explained one motfon would be for $45.000 and the other motion would be for $40 , 000 . MOTION: Councilwoman Glick moved, seconded by Councilman Seaman, to approve the contract for $45,000. ~ Motion passed unanimously by roll call vote. MOTION: Councilman bieasles moved, seoonded by Councilman Seatnan, to approve the contraet for $40,000. Motion passed unsnimouslq by roll cell vote. .J G-15 Carmen (iintoli - Invoiee - $9.800. MOTION: Councilman Ambarian moved , seconded by Councilman Seamen . to approve the paqment . ~ MoHon passed unanimouslq bq roll call vot~. ~' . G-16 Mechanical Maintenanee of City Buildings ' Mr. Brown explained this was at the request of the Public ~tlorks De- partment . Councilman Ambarian suggested this be referred to the ~ % Public ~tiorlcs Commfttee. Council approved the recommendution by unanimous consent. ` ~ G-17 Diecussion - 3treet Names ~ Public ~Yorke Director Kornelis distributed maps. He explained these ---' i were revised maps of the actual streets. not proposed streets. It was ,- ;L !j prepared bq Bf1I Nelson, and gtven to Planning & Zoning Commission --;--- i -~ at their last meeting. .~ ~, I ; ~, - ~, r; rf ~, ~, y s • Y S ~ ~, , -r _ _ _ __ _ _ r .r -~~ ~ ~~ I . KENAI CITY COUNCIL JANUAAY 18, 1980 Page 16 1. The reason for the differences is because the Borough is the opposite of ours. hTr. Kornelis suggested the Council read it . discuss it and come back. 2. Council will have to come back with suggestions for street names. An example is Spruce Street is in three places. A decisfon must be made . Planning ~ Zoning has asked the Cauncil to come back with suggestions for names. b'Ir. Kornelis said they would be workfng on that. Mayor O'Iteilly asked Mr. Kornelis if the matter is before the Planning & Zoning Commission. Mr. Kornelis replied yes. Maqor O'Aeillq said then this is just to make the Council aware? Mr. Kornelis replfed yes, but it will have to come back to Council ~vith the changes. H REPOItTS H-1 City Manager's Keport Mr. Brown stated he would be on vacation March 12 through Aprfl l, if there was no objection from the Council. Council coacurred. H-2 Citq Attorney's Report Attq. Delahaq said there were some lawsuits with the Citq, because of the nature, he requested an executive session. Mayor O'Reillq replied this tvould be at the meeting, with the approval of the Council. Council concurred. H-3 Maqor's Report Maqor O'Reillq reminded Council of a meeting Jan. 1? at 7: 30 at Saiam- atof, regarding the 3tate water resources and water supply. Mayor O'Reilly then discussed the Capital Improvement Program pro- posed. He staLed he is partial to this. After a short recess for discussion. the Council continued dfscussion on the Capital Iraprovement Program . Mayor O'Reilly stated it will have to be some member of Council, he admitted the memo looks like he was the only one that could do it. Counc~Iwaman Glick asked if he would spend alI his time in Junesu. Mayor O'Reillq figures eix days a month, for a total of 48 daqs in 1 y , ~ , ~; ~ ? ~~ r ------~-- - r -~+~ - --~- ,~ --s ,~ ! . - .~ -~ ~-.w~- ~ KENAI CITY COUNCIL ,~ JANUARY 16, 1980 Page 17 Juneau until the end of the session . Councilwoman Glick asked if he had thought of the Chamber as a lobbyfst. Mayor O'Reilly said there wgs one other,Kay Poland is down there on a petroleum lobbq and will spend a good deal of time in Junesu. Councilwoman Gliek noted one item under recommendations is have a committee to set up Council committees to deal with items. she had trouble with that. She thought the Council should all do that, not Ata committee level. Maqor O'Reillq said it needs to be d; scussed now . Councilwoman Glick said we should utilize letters, telecommunications, and different methods of communi- catfon to show we're "elive and kicking." Councilman Ambarian sug- gested this be diseussed at the Council work session next Thursday. Council so concurred. Mayor O'Reillq said he was prepared to ofYer the adminietration services far beyond what the charter calls for, the Municipalities are exempt from lobbqing eYforts in ..tuneau. We must be careful we do not pass the line. He said Anchorage is pouring thousands of dollars into their effort. Ple must work too. Atty. Delahaq eaid he cannot come to the work seseion. Mayor 0'Aeillq said we will do the personnel ordinance at the same time. ~ H-4 City Clerk's AepoM Clerk Whelan reported on the liquor Iicense applicatfons . A'iayor 0'Reilly asked didn't this come up once before. Councilwoman Glick said when Joe Kashi sent a letter where the IIorough was geing to occupy the pos- . ition for the City . Clerk Whelan explained that the liquor license applicaHons had been submitted to the City, but the Borough had not been able to furnish the tax informatfon to ua yet. Since the reply to the State was due before the Council wauld have another meetfng. aIl the Council would be able to do is submit to the 3tate anq objections they had oiher than payment of taltes and wait for the Borough to submit their report to the State. MOTION: , ~ ,•~ . _~ ~ 3 ~ { "`" '~ ~ ~ . ' ' ~ ~ r, Councilwoman Glick moved, seconded by Councilman Ambarian, as follotvs: Based on pest actions. I move we send a letter of non-objection regarding those establishments that are up to date with all their taxes. penalties and interest. etc. (and fi2ings) . Those that are in arrears with penalties, interest and itlings we would object to and I think they ~ should also check into Kenai Liquor because as Councilman Ambarian . °.i f _ i~ . 1 ~ ~ _ C~ _ .~!___ __ _ -_--~ ~ ~ ---~ ~- - -_. ~ r ~--"~. _ _- r. _'~t ~ . KENIA CITY COUNCIL JANUARY 16. 1980 .-. Page 18 stated in the past we have objected because they are only open a short period of time and we don't feel that's the best utilization of that liquor license. Motfon passed unanimously by roll call vote. H-5 Finance Director's Report Finance Direetor Brown said he had sent out budgets to the department heads, they will be returned by March 1. The budget proposals will be ready by April 15. He said it would also be advantageous if the ~ Council would glve him the cost of living increase to put into the budget. That's 800 of the budget, and 1/2 of Ms time - putting together salaries. ete . He said the Consumer Price Index is 9. 8$, a 1~ increase in the gen- eral fund is $19,500. Councilman Ambarian suggested that also be dis- cussed in the Thursday work session. Council concurred with the suggestian. Councilwoman Glick said on the budget and pay raises, should we take into consideration employee requests for longevity? Or work this into " the personnel ordinance. Mr. Brown said anything on longevitq would need tangible information. Councilman Ambarian said that would be dis- cussed at the work session. Councilwoman Click asked that anq infor- mation be brought to the work session if it's avaflable. H-6 Planning & Zoning Councilwoman Glick reported the water ~ sewer being proposed to be brought into the Iand under a lease application - as discussed at sn earlier meeting. The Council had said we needed a signed lease app- ~ 2icatian. Planning & Zoning felt they could not ask for a signed Iease until the City could give him water & sewer. She also said the Kenai Packers application was denied. Thc reso2uLion by Ketchikan Eorough regarding platting powers accorded to municipalities. P&Z would like a resolution for the next meeting. Mayor O'Reilly directed the administration to prepare a resolution for the next meeting. Mayor O'Reilly also stated that was an excellent letter by Public ~ti'orks Director Kornelis to Thorpe. ~ -~--~-- . ~~• ~ ~ ~ a -_ _ !'+-L r :E~ - - ,. - ~I -- I ~ ~%i ~ ~ , . ~ 3 -~ . . ~~ ~ ; T ~ _ _ ~- i ~~ - ~ ~ , ' ~-~ KENAI CITY COUNCIL JANUAKY 16, 1980 ~ Page 19 H-? Kenai Peninsula Borough Councilman Ambarian reported on a rezoning approval. He also noted the votes of assembly readjustment passsd. He said the State will probably ask the Borough to readjust the assembly. The design of the Central Peninsula Hospital project was approved . Maqor 0'Reillq noted there were people filing suit against the Borough regarding reapportionment . Councilman Ambarian suggested we wait and see what the suit fs about. Mayor O'fteilly said Justin Maile is the . one to speak to in this regard. Atty. Delahay said we can move to 3nter- vene if we want to. H-8 Harbor Commission Mayor O'Reillq said next Tuesdaq the Harbor Commission will have Pacific Alaska LNG at the meeting. He invited the Council. They will discuss dock locations. ~ I PE$SON3 PR.ESENT NOT 3CHEDULED TO BE HEARD Public ~~7orks Director Kornelis said he is having sander problems. The street saader chain must be replaced, and the part if from Illinois, it will take 10 daps to get here. He has one for the airport, can he approach the FAA to use that one for 10 days. There was no objection from the Council. Mr. Kornelis safd Glacier State hss delivered the Mylars to the Citq, re- garding house numbers. He said as soon as ~ve can, we will be setting up a sqstem to hand out the numbers to property owners. They would like to put up tables at the Mall and advertise in the paper . They would divide into three areas and distribute the nurabers. Ruby Coyle s~oke regarding the hearin~ in Sa2~mstof on water permits. She felt the important thing is to hear what USGS has to say regarding the tvater level in the north ICenai area. It will show the need of an in- dustrial water line if we want more industry in the North Kenai area. If we do use more water than our present consumption , we will have salt-water intrusion . Clerk tVhelan was directed to get as estimate for eost of a plaque for ~ the painting being losned to the City. f `=~-~__ - _-,- -, -= ---- - - -- -_--- ~-- - f e r ~~ " _ . ,~ _. _ _ ~ . _ ~ y~ _ ~_ _ . ^ ~~ _ _ \. ~_ ~~~T .~~ •. ...:.-~i~~. .. ~.~.~w.a •. .. ~ ...s~.u . I{ENAI CITY COUNCIL ' JANUARY 16, 1980 Page 20 ^. ~ Councilman Ambarian noted~ regarding the house numbering system. Absentee and commercial owners will have to be notified. He suggested the City check with the tax rolls. Ruby Coyle said regarding the lobbying in Juneau , don't you have to pay a fee and be registered. Atty. Delahay replied no. there are ex- ceptions for municipal employees. s ,~ Van Swan asked if there was any decisions on the personnel board. Will the Council let him appear before a personnel board? Mayor 0'Reillq replied the substitute ordint~nce passed with no perso~el board. The ~ amendment will be developed for the next meeting. Mr. Swan asked if he will have the right to appear before the board. Mayor O'Reilly ~ replied in 197? ~ by decision of legal counsel , the personnel board was . , repealed. If a new board is created. a special exemption will hsve to be made. Mr. Swan said he would like to have the legal department explain. The ordinance was adopted by what? Councilman Ambarian ' said the Council has not made an official decision . Mayor 0'Reilly said the Council will have to make two decisions: _ 1. Shall we have a personnel board -- 2. Shall we let Van appear before it ~ ~_ Mr. 3wan asked why fsn't there a personnel board. Maqor O'Reilly replied the 1977 ordinance did away with it. Mr. Swan asked if the I977 ordinance was adopted and codifled. A'fayor O'Reilly replied it was included in the manual , but parts of the ordinance not repealed were in it. Mr. S~van asked, the personnel board was not repealed? Mayor O'Reilly said specifically, not in the 1977 ordinance. Mr. Swan said then if it is not off'ici~lly codified . it is still in effect . Mayor 0'Aeillq explained the attorney made an opinion that the 1977 ordinance did away with the personnel board. A4r. Swan said if it was not apec- i ificallq done away with, it is still there. CounciIman Ambarian stated the attorney's opinion has not been accepted by the Council. the Council ; has not taken action to let Van have a hearing. Mayor O'Reilly said the j ordinance we have now does not have a personnel board. ff we appoint 1 one, Van can appeal. , The Council dfsagreed with the Mayor's statement. 14ir. Swan said no, the ordfnance doesn't have anything to do with his ; case. He feels he has the right to a personnel board under the Code. It's still in there. ; Councilman Ambarian asked if we could have on the next agenda - the `-'~ I 1 ; e - +- - , --•. 1 KENAI CITY COUNCIL ` JANUARY 16, 1980 . ~ Page 21 peraonnel board question - with a copy of the attorney's opinion. Councihvoman Glick asked, or would you rather have a motion now. Maqor O'Aeilly asked, to accept or reject the attorney's opinion. Council- man Ambarian said it would be unfair to the attorney. 3ome of us map ~ agree, but morally we would not accept it. Atty. Delahay said the Council can entertain the question as to whether they want a personnel board or not. but for Van, we must have an ordinance to have a personnel board or not. Iton Chappell, of the Clarion, asked if the press could be pro- vided with Attq. Delahay's opinion. Mayor O'Reilly said it was avaii- able at the last meeting. MOTION: ! Councilman Ambarian moved, seconded by Councilman Measles, to g~o into executive session to discuss three cases regarding property. The motion was approved by unanimous consent. -, Per Mayor O'Aeilly: Discussion was held fn executive session on la~v auits in regards three leases. No further action bq Council at this ~ time. AJOUANMENT: ~ ~ Per Maqor O'Aeilly: meeting adjourned at ll: 30 PM. t I I ~~t~•~. ..; ~ ~ ~ ~ ~et tYhelan. Citq Clerk .i _ ~ . s-~ ~ . t~ ~ ~t :~- ;=± ,; ~ i, ' a '' ;~ ~ I ; ` . ~~:~_ ; ~. '1 ~ r ~ , .; . 3 :IZ'- . _ - -- - , _ _ _ . - . u _._Y =- -~. . ., ____~---- -~- - - - - ~ ~. } I y~. i. < . ~ {`; : =, ' , ~..~,~ ~ ' t' ~.~`~ ,.'~ ' . "~f?' . iV q: ~ I ~ , 1 - ~ ~ ~ '.~ ~ . ~ '~~~~% t'~ ~ ~ ~.,' ~ ~~ •~[-. { •~~:~1~ ~" r ! ~,~..:~1 i , ~r ~ ~ ` T s+"r_ ~~ ~t I . ~ ~ .~ ~_• ~~ ~.~-~-__~ KENAI CITY COUNCIL JANUARY 16. 1980 Page 20 Councilman Ambarian noted ~ regarding the house numbering system . Absentee and commercial owners will have to be notified. He suggested the Citq check with the tax ralls. Rubq Coyle said regarding the lobbying in Junesu, don't qou have to pay a fee and be registered. Attq. Delahay replied no, there are ex- ceptions for municipal employees. . Van Swan asked if there was any decisions on the personnel board. Will the Council let him appear before a personnel board? Mayor O'Reillq replied the substitute ordinnnce passed with no personnel board. The amendment will be developed for the next rreeeting. Mr. Swan asked if ; he will have the ri~ht to appear before the board . Maqor O'Reilly replied in 1977, by decision of legal counsel, the personnel bosrd was j repealed. If a new board is created. a special exemption will have to i be made. Mr. Swan said he would like to have the legal department ' explain. The ordinance was adopted by what? Councilman Ambarian ~ said the Council has not made an offlcial decision . Maqor 0'Reilly i~ said the Council will have to make two decisions: 1. Shall we have a personnel board 2. Shall we let Van appear before it ~ ~,l , ~, Mr. Swan asked whq isn't there a personnel board. Maqor O'Reillq replied the 1977 ordinance did awaq with it. Mr. Swan asked if the 19?? ordinance was adopted and codified. r'[ayor O'Reillq replied it was included in the manual , but parts of the ordinance not repealed were in it. Mr. Swan asked. the personnel board was not repealed? Mayor O'Reillq said specifically, not in the 1977 ordfnance. Mr. Swan said then if it is not officially codified, it is still in effect. Maqor O'Reillq explained the attorney made an opinion that the 1977 ordinance did away with the personnel board. Mr. Swan said if it was not spec- ificallq done away with, it is still there. Councilman Ambarian stated the attorney's opinfon has not been accepted by the Council, the Council has not taken action to let Van have a hearing. Mayor 0'Beilly said the ordinance we have now does not have a personnel board, if we appoint one, Van can appeal. The Council disagreed with the Mayor's statement. Mr. Swan said no, the ordinance doesn't have anything to do with his case. He feeis he has the right to a personnel board under the Code. It's still in ihere. Councilman Ambarian asked if we could have on the next agenda - the `•°~ ~/r .: ~ ~ ~~-1' rR- 7 r- -- r. KENAI CITY COUNCIL JANUARY 16, 1980 '~ Page 21 perso~el board question - with a copy of the attorney's opinion . Counciltvoman G2ick asked , or would you rather have a motion now . Mayor O'Reilly asked, to accept or reject the attorney's opinion. Councfl- man Ambarian said it would be unfair to the attorney. Some of us may agree. but morally we would not accept it. Atty. Delahay said the Council can entertain the question as to whether they want a personnel board or aot. but for Van, we must have an ordinance to have a personnel board or not. Ron ChappeA ~ of the CIarion , asked if the press could be pro- vided with Atty. Delahay's opinion. Mayor O'Aeilly said it was avail- able at the last meeting. MOTION: Councilman Ambarian moved. seconded by Councilman Measles, to g~o into executive session to dfscuss three cases regard3ng propertq. The motion was approved by unanimous consent. Per Mayor O'R.eilly: Discussfon was held in executive session on law suits in regards three lesses. No further action bq Council at this ^ time. ~ .,, AJOUANNiENT: = Per Mayor O'Reilly: meeting adjourned st ll: 3Q PM. V == ,= 'l/l-vut~/ `i'~C.iX~/t•~~ : ~ , ; ~ J~net tYhelan, Citq Clerk / `~ ti . ~ ,; : ~. • i ~ t ,{ ~ .'_- _ _ •f ,. . ,~ ~ ~ ~ ~ b ~.. ! ~ ~ P J -' -_- I ~ ' - - .- ~ ' '~s... c. ,, ~" I i `_- ,.....s. . -___.-..,.~.____- - ~-- ^-- •- _ . .. . _ - ' -- _. . ~ ~ N r.~~ •,, r { ~' ~ . . ~ ~ _._.~~. + ~ 4 ` ~ + t " ~ , ~ i ~ '1 i , ~:i~ , ~ ~ ~~' a ~ - ,~ r: ~ `:cr ' ~ ;y., : k. ,l 1; ,, > ~. _ .' : i ~; .'~..i <<. ~ ; E ~ ~,~~ t ~ i ~ , . ~ i i ~ ~ \ ~_ /~t' T "~~~ `~ .~ ~ .~_.""_".~_. ~~e~...r I ~ I~ - - ~ ',~ . " ~ ~ • ~ • ~_ _.-_ r r - .~- .. -~r _ _ . ~ KENAI U I ILI I Y StHVICt CUHF'UFiA I IUIV P.O. BOX 614 PHONE 283-7932 KENAI. ALASKA 99611 AREA COOE 907 January 30, 1980 Iionorable Mayor and City Couacil c.c' Kenai: Enclosed for your review are copies of our response to the recent news azticle regardinq the ~~ossible sale of natural gas by the City of Kenai to providF: fuel for power generation. As always we will be please.~ to meet with you at a mutually convenient time should you feel that a further exchange of information would be useful. Very truly yours, KENPIZ UTILITY SERVICE CORPORATION ~ /~/ ~ \~~. ~ C `../ - "v7ilivL svv O car L. Thomas, Vice-President OLT/rlw Enclosures ! __ ~ ~ i • i i ~ ~ } i 1 f ~ i i i ~ i I ' , ~ ~ ~r ~ I - - ' c_ -- ~~ ; :„ i~ ,.~; ~ 1,. ~ KENA1 UTlLlTY SERVICE CORPORATION %' P.o. Box e~a ~ ' KENAi, ALASKA 99611 ~ r ~.- - ^- .- --~ ~ PHONE 283-7932 AREA COOE 907 January 30. 1980 The Editor • Peninsula Clarioa P. O. eox 1341 Ketsai, Alaska 99611 • ... ~y . Dear Editor: ',. I read with interest your featureS ar~icle on January 30 wherein it is stated that the City of Keaai coatempl~'tes the sale of natura~ gas to Homer Electric Association and/or Pacific LNG for the purpose of qener- atfnq electric power. I have also reviewed the Mayor's mea~orandum of ~ January 24, 1980 to the Kenai City Council in connection with the es- tablishiaeat of a three-person citizen Enerqy Ca~ittee, the duties of which would~include the study of euch sales. My understandinq of the memora~duc- tera8s to ir~dicate that the Mayor ~ras pro~erly quoted fn your • report. • It should now be brouqht to the attesition of all concerned, including the ~ cftizens of ICeaai, that the City of Kenai is not in a position to offer natural qas for sale to any party ustil such time as the franchise agree- ,~1 ment between the City and Kenai Utility 3ervice Corporation has expired. . ~J The agreement, which expires in 1987, qrants an Exclusive Franchise to " KUSCO to "furnish, transport, sell, operate and distribute gas to the City and the inhabftants thereof for any domestic, conaaercial, or industrial purposes." Specifically, Section 2 of the agreement states "the City agrees not to engage in the business of distributinq and selling gas except to the company (KUSCp)," Aecordiaqly, we find it difficult to understand the Mayor•s recommendation that the Enerqy Cpomittee diareqard a11 prior~ constraiats "like the IaJSCO contract." .. Simply put, our position is that the fraachise agreement is binding updn both parties. It is embodied in icenai Ordinance 115 passed by the City Council and by referendwn vote in 1967. We see no benefits inuring to the publia interest by any stuSy wbich fails to recoqnize existing contractual obliqations. .Shonld such obligations not be considered. the risks of ensuiag legal . entanqlement are both eiqnificant and self-evident. Since ~ee were aot imrited to the oouncil work session on thia matter, we canaot say witb certainty what the plans of council iaight be. Let the record Show. howe~-er, that ar~y attempt to abrcgate or coatraveae the rights of K~JSCO will meet with tiie qreatest 8~g~ee of opposition vhich we are able to muster. ~ VeLy truly ypyrg~ 'I ~.~/: ,:s~~~ t O L. TNowas, Vice-presi8eat i ~ ~ i i -~ ;; - µ ~~ ~ + ---: 1~ r y~ ~~ . ' ~ ~~ - \ ~ ~~• ~~~ . ~ _~.. - _ - ~ - ' • TNE FOLIANING ITEl1S ARE OVBR S1~000.00 HNICH NEED COUHCIL APPROYAI, OR RATIYIGITIOH 2/6/SG . ~ n ~. ~ VENDOR AtfOllKf DESCRIPTION PROJEC'f/DEPARTNElii ACCOpNT CHARGC AHOUN'f P.O. + __ FOR APP80VA1. ; ASrTek 4.710.43 Street Light Repalr Street Lightiag Repair 6 Naintenance 3.SA5.14 30570 Transformer Repair Alrport H60 Repair b Haintenance 825.29 11117 ~ Alqesira Sales 1.715.00 2ires Shop Repair/ltaint. Suppliea 1,715.00 10868 ~ Bowan Diatributioa 2~167.25 Supplies Shop Operating Supplies 2.167.25 11030/11289 11313 ~ Contractor's Fquipmeat 1.625.02 Cyclo-Bloyer Repair S?P 8epair E llsinteaaace I.625.02 11116 ~ D 6 A - 1,499.29 Supplies Police Operacing Supplies 155.56 11584 Supplies Fire Operatiag Supplies 167.24 11587 ` Supplies Mimal Coutrol Operatiag Suppliea 46.89 11454/11555 Yood b Supplies Jail Opezatiag Supplies 1,129.60 11445/11510 11573/ . IJ.S. Darley b Compaay 2,287.90 Expaasion Rings Pize Repair/Haint. Supplies 55.92 i 10305 , ~ Ring Extractor Fire Small Zools/Hiaor Equip. 36.60 10305 y Expander/Die Sets Fire ?tachinery 6 Equipmeat 481.78 10305 ,4 Expaader/Dravbar Yire Yachinery 6 Equipment 1,713.60 10305 - t Doyle'a Yuel Service 2,382.27 Stove Oil Shop Operacing Supplies 2,382.27 ~ ~' Glacier Sute Telephone 1,862.69 Jaa. Phoae Service Various Co~unicationa 1.862.69 i f Homes Electsic 6.236.60 Yard Light Zcscallacioa 2erm1nal Improv. O/T Buildings 250.00 10942 Dec~ber Electricicy Varioue tJtilities 5.986.60 ' KUSCO 3,649.34 Jaauary Gaa Usage Various Utilitiea 3,649.34 ~ lfntathon 011 Compaay I2,301.10 December liatural Gas Trust 6 Agency In Truat 12,301.10 ~ ! Peaiasuln Medical Center 1,132.00 F~ployee Physicals Police Profesaioaal Servicee 388.00 10464/10466 . F~aployee Physicala Jail Psofeiotoaal Secvicec 744.00 11055/11056 11057/11058 ~ 11069/11087 ~i Shaffield Hou~e 1.594.75 Chriatmas Party Dinaera Legislative Hiscellaaeous 1.594.75 ~ I _ ~ ' ~~a~ ~r • ~iii l ' ij. ~ ~ ~ . . ~~."~%i. ! I : } . ;jl r :t ` ~ • ~ ~' { 1 ,;~ 7 j +-' . r. {; ~: ; + 1 ;~ ~~ . . " 7; • i i ' ~? ~ ~ ti ~ ': "; £~'. • ,, i,i S • . r ~ , .y u { ~ p .} ~ .l!.i~. _ 3 f ~~- ~ ! ~ I ' ti :E~ ' . ~ . ~ i,} i•' • ' ~ ' : ? :~ . !t : .. ~n'1...~ . `~ ' ~ ~ ~ ~ ~ a- . , . :• . '~~ ~ , i ; a ~ ~ j 1 ~ :; . ~: ;: ;: ' ' f J~ ~ ~ ~ ' ; ~ ~ . ' M I . :, . ' `,;i + . '' ''i ~ ; l ;i{ ~ ~ . i' ~ t ~ . t ~ r ~ : i ` ~~ ' ~~ 4 ~ J ~ . } f . . .Q' ~ :~{~; ~ • t; ' i : ,~ j ~ . , ;:: , i~ : ' J ~ • ` . ; { ' ~ ~ . ;;s; .. ::~ j f f' ; •; r, ~ ~' f,;~~• ~;; •; } ~ ~ i ~ ~~ ,i : •!: . ~. i• ~r ; ~ .~~ •~~ ~ ~i . i / . , ~-- _-T~ __T ~ ~ r . r. _~~ ~ ~ ~ f _ t . ~ ___ ~~--_ ~ _~-~ t __ v~ c.._ _ c;. _ ° ~ ' ~ _ _ _ __ _ _ ' _ __ ' - ~ _ _ _ ~ _ > ~ ____ _. _ . ~ CHECKS OVER S1.000.00 PACE 2 2/6l80 VENDOR AHOUNT DESCRIPTION PROJPCT/DP.PARMPl~IT Af:CQIIIST (7iAR[:H AHOUNf P.O. Southcentral Co~uaieatione 2.300.00 Install Scatus Unit Wb5 Repair 6 Naintenance 400.00 11532 Yaraiug Uaic Aepair ItbS Repair S Naintenance 1.900.00 10416 IJnion 011 Compeny 12,098.27 December Natural Gas Truet 6 Ageacy In Trust 12,098.27 FOR RATIFICATIOJi Departmeac of Adminietration _i7.746.b3 4[h Qtr. FICA Various FICA 37.746.43 PERS 22,300.48 December Retiremeat Varlous Retirement 22,100.48 Natioasl Bnak of Alaoka 28,452.00 Jam~ary Pederal Y/H Ceneral Fuud Liability 28.452.OU Departmeat of Reveaue 5,932.00 January State W/H Ceneral Yuad Liability 5.162.00 Jaauary School 7a~c N/g Ceneral fund Liabilicy ~70.00 AK Mnaicipal P~ployeea Yederal 8.469.00 January Credit Unionit/A General Fuad Liability 8,469.00 Credit Unioa_ Clary Ia~uraace Ageney 4.372.00 December Rtorkmen's Comp. Yarious iJori~ea's Compensatioa 4,372.00 %enai Peninsula Borwgh 5,265.11 4th Qcr. Saies ?ax Various Sales Tax 5,265.11 Yeniasula Entespsiaea 2,500.00 February Lease Payment Airport M30 &eatals 2,500.00 10695 i ~ lot Natioaal Hank of Anchorage 275,000.00 Cert. of Depoait 1/3/80 TCD Central Treasury 275,000.00 ' Hational Sauk of Alacka 275,000.00 REfO 1/17/80 Central Treaeury Central Treasury 275,000.00 ~ ~~ , ~ ;}~ ' . • ; ' .,r • i.; ~ I.iP ;~'.• ~~ ;ii~'!~-~ • ~ • ,~ i: ..~; ~ • ~ "~S ' :~_ ; ~ ;. ~: . : `~ .~~ ~r :~,. ~,;: ~ ~ ~ . ~ ' ,;i i' 'L' ~~ , . t~ ~ ' 1 ,~ 1 .' ' ~_ ~+`:~}~:. . ~ , . + '' :' I ' : ~~ ~ ~ ' ~ °'; , ~ ~ ~ • ~. . . ' ~ i: ~, 4 :t : ~, ~ r.•y _ ~ ' j S i' ., ~ ,~' ~ ., . ~i ~ , ;: ' ~ . . i • t• ~ . i . {;' . ; ; , : ~ !~, ~ : ~~'' ~ ~' ' y;: . ' ~, ~ ~ ~ ~ i ~ . ~ ,, .'. ~ .~~ t 1 ,~~ , ` ` . ~'~' . . ,• ~i.:!' ' ~ ~ ! , 1 ~ , 1 , • ~~ f ,; .. :~~, ~ : ~y ; , ; ~/ ~ , . :if; ~~ , ~' I l . ; • ~ ~ ~ ,,` ~ i ~ 5 i r ~ f ( f ~ • ; ,.. '_ .' +~ ~ ~ ~ ~ . • - - . - - -- ~. ' --- . . ; . . ' - ~= ~, . `_ 4-<-;~r--===' _'-.-- -- ~ ~ - - - '~ i - . ' - -~.. ~ t , ~ . _ . . ~ _.. ~ . . ~ ~ . ' l . ~ . _:~ _..._~.. <_..._:~ . . ^ YEHD08 --~ , - ---~ -~ ~ - ~ r -:r- - -~ - r ~~ - \ ~ " .. . . - - - ~ --~ - - - - - r- tttatU1~1T1UN5 uV~lt S1~WU.UU W!l1CIi N6ED COUYCIL APPROVAI. 2/6/80 DESCRIPTION DEPARTNEI'IT ACCOUNT i-- --~r -°7~- - - - - -- - ~ A!lOLR~T ~ - ~ 1 ~ Sheffield aouse Chris[mas Party Dinaers Legislative Kiecellaneoue 1.594.)5 ~ Sua's Hent-It Pavemeat Saw 6 Blade Federal Revenue Sharing lfachinerq 6 Equlpment 1.332.75 ~ " I Streeis ~ i i H.C. Naehinerq Quick Coupler BStch Federal Reveaue Shariag lfachiaery b Pquxpmeat 2.4~0.00 , ~ ~ Streets ~ ~ ~ ~ '' Q ~ k ~~ r. I ~ M1 , r, ~ ~ ~ • . ~ ~ I ~ ~ ~ ~ ; 1 j ~ , .` - ; ~ . ~ • ~ • ' !~i ~~;'. ' r ' ' ~ "~-. s , i , ~ ~ I ~ i I ~ ;i ~ ~~ ' 7~.G ~ 4 ~ ly: F ~ ~ . . , i. •( • ,~ j. ;, . ,. ~i ' i ~ ~ , ~ , , . ;~ . ~ '~ s { ,' ~ 'r ;, , ' tj , ~ .~~ (!: !. . _;~ ~ - `f ~ • `.'~ ~'~:~ ''~ ~ ~ y i , t ~: : • ~ ~ ~; - i . i. . 1 ~ ; F . ~ ; . . ; - ~ ,; , 1, : ': , . ,.;. ;;, ~ .~ ; ~,` . `. ;~, .~ ; . ~ i ~' ~ '. . ' ~,~; ~ , ~ j. ~~.; ;'- ;; ~~, { . i.! , ~~=; ~ ~ '~ . r ! 4 ! : ~ ~a ' . r:~;• + ~ . " • , t t ' , , 1' ; l ' ~ ~ ;, :f,•,. • ~, ~ , i , . : ' ~ . ~.~ , ' j . ~ . 4 . ~ . . ~ • ~ ~ ~, , 1~J' • I ~ ' r ' i I ~-. ~__~ r 7 ~~, ~ . . ~ , .+.; _ t I ( - - - ' - -- ° -'-'--'~°_- L= -- - .,.~ ~.~__~~ - . ~-_ ' -- -~- -.--~ . ~ ~ ~ ___ ~ , , T ~~. _ _- - - - - _ - :..'i~' .. ~: ~ . a T- -•- ---•- - ~ ~ . -- ,--- --~...- ~ CITY OF KENAI ^ RESOLUTION NO. 80-8 ~ ' A RESOLUTTON OF TH~ COUNCIL OP THE CITY OF KENAI, ALASKA 3UPPORT- "' ~ ~ ING THE EFFO~tTS OF REPRESENTATIVE HUGH ?t~.ALONE IN SEEKING STATE OF ALASKA FUNDING FOA AN INDUSTRIAL ~VATER LL'~1E TO THE NORTH KENAI ,; ~ INDUST~tIAL AREAS . rf, '~?EREAS, Kenai Peninsula Borou~h has received a water supply report of Trans-Alaska Engineering/URS Company concerning the need for an indur;trial water line to the North Senai industrial area, and WHEREA3 , Hepresentatlve Hugh Malone is seeking funding from the State of Alaska for engineering and soils tests for an induetrial water line, and i ~YHEREA3, the Council of the Citq of Kenai is in support of this effort to seek I ~ State funding for this project. ~ NOW, THEREFORE, BE IT RESOLVFD BY THE COUNCIL OF THE C[TY ~F KENAI, ALA3KA that the City of Kenai supports the efforts of Representative Hu~h , I , Malone in seeking State of Alaska funding for an industriel water line to the North Kenai indushial area. ~ ~ ', FURTHElt. a local municipal agency must serve as administr~tor of the planning - _ - - ~ ~ effort and the City of I{enai, if desired, is willing to serve as administrator. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA th;s 6th day of Februarq , 1880 . . t., ; I VIIJCBNT O'REILLY . MAYOA , _ ; .. : ; ATTEST: , ~~ . ; .sr ~ ~• ; Janet SVhelan, City Clerk .;~ ----; ~ ~ - ~ ~ -= , ~ ~ ~ i :~ ; ; ~ ~: ~ }. ~. , ;}: ~ . . . , ~ `. ~: ~ ~ ,_ _r~ ~ ~ ~ . ~ , ~~ ; ~ ~ ~'~ , .ti:;: ~ : ~-: I r , S •~ ~~ . , f , ~ ~;' ~ . }•1 ~ ~ - ~ 'r _ s "._ ~ e 1 ~ CITY OF KENAI RESOLUTION NO. 80-9 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAZ, ALASKA ' THAT TIiE FOLLOWING TRANSFER OF MONZES $E MADE IN TFiE 1979-80 AIRPORT LAND SYSTEM BUDGET: ~-/ ~ i /,~ . ( FROM: '~ ! Airport Land-Contingency tS300) til r° ( T0: Airport Maintenance & Operations ~ Repair & Maintenance $300 - , This transfer is needed to repair the Airport gate in front of the City offices. ~ ( PASSED SY THE Cc)IJNCIL OF THE CITY OF RENAI, ALASKA this ~. 6th day of February, 1980. ' .. ~ VINCENT O' REILLY, I~iAYOR - --_ _ _ ATTEST: . Janet Whelan, C ty Clerk „ Approved by Finance: C~i/~ =~ . li ~, ; .. . ~ ~ : ~: ;, . ,. ; :~ , ~. ; ,. ..~:.' -_= I ,-.~, iM~ -'~ -~-_- - - - ___.__--~--- - ~ ~ - -- -- 4, __ . _ ____ ___-_ . _ `; k' ~ , ~ t • l ; 1 ` . i z ' • i ~~~ ~ ' ' • ~ - ' :~ '~,r, i ~ - ~' ~ ~ r'^y.` ~ K ~ ., .'' ,' , 3~ .~~,: i '. ~ _. _ : f _ ~. F , • ~^ ` i i? ~ 1 . - : ~ i t . ~ ~ ~ ~ ,~ _ 1 ~ i ~ " ~ ?}T"'_' _ "".1. ' Y ~ ~ 1 ~ 1 ~~ 1 ' _ -__ _ --__~_~_ _ __ _. ~ _..._. T _ _ ___ . _ __._ T- v.- ---~ - ~ .~ - •. _ _r~.~ __~ ~,...~ ~ . . : . _ _ ' i CITY OF KENAI ~ RESOLUTION NO. 80-10 „ BE IT RESOLVED $Y TSE COUNCIL OF THE CITY OF KENAI, ALASKA , THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Legal-Advertising ($600) - To: Leqal-Books $600 -_. - ~ i This transfer is needed to provide more monies in the legal book account due to price increases of legal publications. ' PASSED BY THE COUNCIL OF THE CITY OF KENAZ, ALASKA this 6th day of Februar , 1980. Y ~ f ( VINCENT O'REILLY, MAYOR ~ '. ~ . ATTEST: , Janet Whelan, City C2erk Approved by Finance:~ . ~ `; ( I ;~ , =~ ~ ~ ~ ~: ; ,; . 'r ; ~ F- ~ ~ '~ " r ~ :S' ~ ~- I ; ~ ~ l V _ _ _ ~ • _ : ,: ~ • ~' ~ ~_ _ -. ~_ - ~ ' ! ~: _ . ,. ~ " , ,t % :1, . ~ ' ", . ;',;-. ` I n .,; i ~` Y ' ,. { . ..,~ ~ ~ ! ~.- fi' ( ~ ~ '~ ~ f ~~ f ` ._~- ~_. ~~~ ~ ~ ~ i ~ ~~ , ~ ~ t i . . ~ . i ~ . ~ ~ I a ~ ~ i I ~ i ~ I i ~ i ~ ~ I ~ i i ~ i i ~ ~ ~ .C' ~ ~ . ~ T r ~ ^"` ~ . ~t 1, . ~~,~.~. - - - _ ; . , r -. n ~ .~_-- /~'__ ~ ~-"~ ~-~ CITY OF KENAI RESOLUTION NO. 80-11 ' A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAI, ALASRA ~~ SUPPORTING RETCHZKAN GATEWAY BOROUGH JOINT RESOLUTION FOR ~ REINSTATEMENT OF ALL PLATTING POWERS PREVIOUSLY ACCORi?ED ~ MUNZCIPALITIES. WHEREAS, AS 29.33 mandates that Soroughs shall provide for planning, plattinq, and zoning on an area-wide basis in recognitian that local authorities are tnost knowledgeable about local needs and best able to make those decisions relevant to the quality of community development, and t~EREAS, AS 29.33.150(b) (a new subsection added by Sec. 6, Ch. 85 SLA 1979 on passage of FCCS HB66) limits local platting authority and the ability of the Community to provide for orderly developTnent by exempting the platting of undeveloped State land eligible for disposal under AS 38.05 and AS 38.08 from isaprovement requirements, and WHEREAS, Retchikan Gateway Borough has adopted a joint Resolution protesting said provisions, and ~ WHEREAS, to assure orderly development, it is in the interest of the City of Kenai to have alI platting powers previously accorded municipalities reinstated. NOS9, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF RENAI, ALASRA to support the Ketchikan Gateway Borough Planning Ccmmission Resolution No. 386 and Borouqh Assembly Resolutfon No. 360 petitioning the Leqislature for the reinstatement oi all platting powers previously accorded to municipalities, and specifically for the repeal of AS 29.33.150(b) and AS 29.13.100t39). PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day of February, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City C2erk ~ ~ , _ I I I I ' _ ~ ~} T=-"- --- --- --- ; i ~ ~ i ; + i i ~~ !~ ~ ; - ,! -~ ;- ,~ . . ~ ~ _-- -- -~ , -~ ' ~ .•'~°' ' LAWS OF ALASKA _ _ , ~~, . I ( . 1979 * ~ ~W CIWpTN NO. YCCSHB 66 85 ' ~ AN ACT s Relating w the management aad diaposal of public land; aad pzoviding for aa affective date. ~ a ' s i s a f ,- eF rt a~ucrEU sr mF ~c~swTUaE oF n~ srar~ oF au-sKa: ,~ TBE ACT FOLiAYS OA YACE 1, LIHE 9 " ~i . ~a u ~ • ~s u ~ ll~DERL1t~ED MA7ERL4. ItO2CATES TOfT 7-NT IS BEING AOOED TO » Ti£ LJW AAD BNAOtETED -14TERlAL IN GIPf7AL LETTERS IPOICATES OELETIOtS PRat itE UWS C01~LETELT IfN TE1IT OR K0.TER1A1. u itEFEALm IWD RE-Et1ACTfD t5 IOEMiFIED tN iNE 1MRODtJCiORY ~ W~E CF fJ1CM B1LL SECTI~t. , , m . ?t n ~ u~ 75~ s n Approved by the Coverooz: Jvne 1, 14?9 ~ Actual Effective Date: Sectiona 1- 3 and 6- 45 take eFfect July 1, 1979; Seetfoaa 4•and S 12 • uke effect July 1, 1980 Chapces di I At~ ALT Relatia~ to WQ managesent and disyo~al of publie land~ and providiag~foz an effective datt. * Section 1. AS 29.13.100 is asended by adding • nev parsgr~ph to reaQ: ..~ (39) AS Y9.33.150(b) (appIie~bllity of local pIatcing regula- tions to ~tat~ land in a aunieipalit~). * Sec. 2. AS 29.18.204 i~ sepealed and re•enaeced to re~ds Sec. 29.18.204. SiANS OP ENTIS~P,!lEtrlS. ta) Afte: Jul~ 1, 1978, I gmeral grant laad eaLitlament~ pro~ided in AS 29.18.201 and 29.18.202 i are vested pzopesty righu rhich mnst be fulfilled as provided in ~ AS 29.18.I05 or 29.18.208. (b) Ceneral grant land entitleasnsa psovidcd b~ AS 29.18.203 ase yroperty righta vDich vesc on the dste of lncorpo:ation of the auniti- pality. Ths eatitIeaeAt nust be fulfilled as provided in AS 29.58.205. (c) Land aay be aeleeted by a munieipality co sacisfy s~enersl grnnt load antitlement uadot AS 29.18.201 aad 29.18.202 at aa~ [tae I before OetoDes 1. 3980. i (d) I.and mar be ~elected by a municipaliq w rsti~ir a beneral , ~rant laad eatitlaoeat undes AS 29.18.203 at ~ay time KtAin ot» yeas aftor Ws ditector carcifios th¢ entislement to the minielpaliq. (e) tfie ti~e limitations iaposed by ~c) ~ad tE) ot this section for e:ereiaing a vested general grant land entitleeeat do not appl~ to (I) the portion of an entitlsment ~hich tanuot Do utistied by that datQ because of a ahostag~ of laad suitabl~ for rssidentisl. •1- PCCSHB 66 .. --s ~ r _ _ . .~. _ .. ~ _ ~ ,_-_ . _-~•r_ ~ t t 3 s s s t • s. M, ttl t7 u w ts ts ~ ri ~ es cocwetcial aad lndustrial pusposes vhith U vacant, unappropriated, unrsaerved land~ (2) payment~ for lans deficicncy undsr AS 29.18.208~ t3) ths portloa of ea entitlement rhich cennot be satisfied beuwe ihe laud ~eleeced Dy a munieipality Laa been selected by a party eatitlsd ta aelect 26nd ova¢d b~ ihe United Statea or the stacei or (6) the poztioa of aa entitle¢eat vhicL cannot be satiafied beeanae ihs laad nomlaated for sels¢tioa by the ciuticipality is not ten- utiv¢ly appzoved for pateat to the sute. * See. 3. AS 29.18,205(f) S~ amended to read: (f) ~2he direcioz shall avarove each (EAqi~ seleetion (SHAI,L 8E APPitOYPd OY DiSAPPAOYEDJ for patent IBT 2HE D2RELTOR OADER (g) OF THIS SY.CTIOHJ vithia nins moaths of iu selectioa bq a municipality, aad a pauat ahall be lssued co We munioipality for land aelected in satis- faction of a aenezal ar~nt land entitleeeat ve~ted under AS 29 18 201 - 29.18.203 vithia tDree oontha afui appzoval by the directoz of a plat of s~uve~. • S~c. 4. AS 29.18.208~a)(3) Sa ~asnded to rud: (1) psovidia; paycenc co the boroughs aad unified m~mieipali- t t a ~ 5 L ~ 9 ~o » ~? u t~ t5 u ~s u ta ~p sies Qe~iYnated !a AS 29.I8.201 for ~ deficieaeg of lw~d physically ' i m H svitabls fos reeidentiai. eoaaeretal os industri~l ournose~ (TIiE PUR- , ~ . tt ~ POSES Dl.SCRIBED I!T AS 29.28.205(~)ll)]~ oz , ~ n * See. S. AS 29.18.Y08(b) !s aaeaded to send: i ~ ~ 1b) A~unicipality a1u11 receive paymeat for it~ land deficieacy I ~ ~ fza~ tbe sccouat qtabli~hed fa ta) of thi~ wetioa. A amieipality i~ I ~ tli~ible to zecelv~ psyment for laad Qtlicieney if. after Julr 1, 1980. I ~ s ~ the ~somt ot land aeleeted bv a munieioalitv vhich is yhrsicallr soit- n x ~bt~ tor s~aidential, eomneretal or indwtrial ourvoees (THE PvRPOSES b ~ DSSCitIBPd IH AS 29.18.20StQ)(1) POA YFJICt APPItOYAL HAS BP.~ CIVEN BY iH¢ 8 ' ~ -2- PCCSlIB 66 ~ .~ ~ cnarc~t as DIRF.CiOR UtiDER AS 19.18.205(g) tiITHLH O:TE YEAR OF SELECTIOti] aaounts to less than one-third ~cre pes capita. My entitlement under AS 29.18.201 vhieh L let~ tlwr~ one•third aezQ yer eapita vl11, for the puzpose~ of thi~ subseetion, be eonsidered a l~nd detieimey. M unseleetsd rQaaio- ing entitle¢ent vill, for the purpose of defieieney yaymenc undar tdis subsectioa, be considersd as laad phqaieally suitsble for tesidenti~l_ eocnereial os induetrial vurposes [THE YL'RPOSES DESCQI8E0 St. AS 29.18.- 205(g)(1)]. A euaie2pality eltgible ustdez this subsectioa ta entitlsd to zeceiVe a yayeent for land deficieac~ equal to 51.000 per aere for a number of aerQa equal to the Eiffesenee betveea one-ihird of ths popula- tioa of the ~nieipality less the m~ber of acres ph~sfeally suicabla for residential, eoeanezclal or indwtrlal ourvases (iHE YURPOSES DES- CAIBED Iii AS 29.18.205(g)tl) FOA~ vhich haa bean celeeted Dy the wniel- ap Ifty (APP80VAL NAS BEEH CIVEN BY iNE DIRECTOS tTlPDFJt AS 29.18.IOS(g)]. ' Poz the purpoae of this eubaection, tDs popnlatioa of che aual¢ipality ~hall De the populatioa dete~taed in accordanee vitb AS 29.I8.206tf). No paymeat ~ay be~made to a nunieipalit~ undez thia sub~sctioA in ~~cesss of 59.000.000. * See. 6. AS 29,33 150 i~ t¢ended b~ tQdtag a aar mbseetion to re~d~ (b) ltie rcguiaciona adopt¢d undez (a) of thls seetion apply to ~bdivl~ion plat~ of undeveloped state laad for disyosal unAer AS 38.05 oz AS 38.08 filed vith tke ylattiag board, exee t that the vlattina board wY `ot 'lsaenzova ihe suDdivi~ion plat or adopt regulations vhieh r.. R sequire the ~tate to eo~t~ct ac, ces~ ~p4p oz efolt~l imorovemec~s og •tate land lneluded in the ~ubdivi~ion~ .~ * Sec 7. AS Y9.33.160 ta ameaded by addies a nev suDseetion W rudr (c) If s wnieipality has adopted a suDdivi~ion ordiaanu rhich raquires~th~ submission of • pselimirury ar aketeh suDdivirion plat dusiag the platting proeadine, the eommi~sioner of natural rewurees -3- FCCSHB 66 ~~ 1 t 1 !i ! t ~ -- ~- _ ~~._ ~~ ~ ~ ~- _ . r ~~ ~ ~ ~ . ~ z. ~ i~_~ ~ ~' ~_ _ _ _ _ ~ ~ " _ ~ " O ~ ' ~ ~~ 3 ~ ~ - •- - - ='s :--~?_ - - . - -- ' , - .»:;:'=x"'-~_=~,-• _ - . - - ~ __ _ __ ,- ~ ~ . - ! - --- .~ ,' - - : . I ~ .. - -~_.. - -...-_ - ' I - - I ~.. ..- -.. __ _ ~ ~ _ ~. _-..._~ .~_.....__ ..-_ . ~ - . _ . . ~i c, ~ ;' ~ ~? ~j. 4: , ,1 CITY OP KEIJAI RF.SOWTION NO. 86-12 A RESOLUTION OF THE COUNCIL OF THE CITY OF I~NNAI , ALASI{A authoriz- ing the AMing Citq Atanager to eign the Cultnrel Facilities (irant Prngram amut Application and reaolving that the City arill enter iruo an agrcemettt with the State of Alnska sbould a grant ofieer be made. . r WHEREAB. the municipality wishes to appIq for a Cultural Facilittea (irant to obtnin fuada to enrry ouf a projeet described as Henai Cfvic Center, aad {4HEAEAB. the Departmerrt of Commeree aad Eoottomic Developmeat will reqnire tbia municlpalitq to enter iato ea agseement srith the Stale of Aleske, NOS9 THEREFO88. 88 IT RESOLVED BY TH8 CpUNCIL OF THE CITY OF I~NAI. ALASKA that: Sectlun 1: The Acting City Eianager be euttwrized Lo a[gn the Cnlturat F~cilities (iraut Pmgran tiraat Applfeatloa. Section 2: The Citq of Renai wi11 ettter into ttt agreement ~rith the State of ALaka. if a~rant offer ia made. whidi ahall iaclude: (a) Thai the City will provide the required cash. or seal propertq watch reqnired: N) That the Citq wtll be responafble for the operatlun and mainteruace of the facility once it is built. SecHoa 3: The following members ot thia City sre herebq appofated ~s the official Asta Plaaniag Orgauizntton of the Citq: a. Praa Jones b. Ron blaleton c. tilen Jackaon d. Fe~ggt-Asaq~- 0~ c.k S-~ ~lt1 ~-r- e. Kathy Settle f. Francis 1Neekc g. Ray MeasleQ h. Stt~PeC9t G\ c~ .~ c~. 1~ ~• rf ~ PAS$ED BY THE COUNCIL OF Tt~ CTfY OF KENAI. ALASKA thia 6th daq of February 1980. VINCENT O•REILLY. blAYOR 1TTFATe ~ '~ Janet SYhelan. City Clerk % { 1 " -- ~ - ~ - ~ `~~~ ~ . ' ~.w'~~l-ti^~ ~ , :L'_~~~~%y~ J:« 'C ~ ~.t+~MicQ_ ~ --.-< .~~~_.=.rr - - ~~~ . .' " _"_."_ _ ~ ~ :, -. -, - ~u ~ - 1 ~ ~ ; ~- ~ , t" . -- -~ ~ ~ - ... -~ ~ -~ . -- ,~-- -,~ ---~.~ :~ . __.__.. _. . _ . ... . _ .__._..- -- - ~ ~ , ~ I CITY OF KENAI RESOLUTION N0. 80-13 ~ ~ BE IT RESOLYED BY THE COUNCIL OF THE CITY OF KEIVAI, ALASKA ; THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN 7HE 1979-80 GENERAL FUNO BUOGET: Frar-: f Public Works Administration-Operating Supplies ($200) ~ To : Public Works Administration•Transportation $200 This transfer fs needed to allovr the Pubiic Works Director to attend a seminar in Anchorage on construction contract disputes. PASSED BY 7HE COUNCIL OF THE CITY OF KENAI, ALASKA this 6th day , of February, 1980. VINCENT 0'REILLY, YOR AiTEST: net e an, City C er Approved by Finance:__,,~~__ I - :v ' ~ ~^ __ ~ i ~ __ _ _ !____ _ _ _ __- ~ r ..- ~ - ~ ~ . , -~- ---~f ~ , CITY OF KENAI RESOLU7ION N0. 80-14 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 CAPITAL PROJECT FUND ENTITLED "FIRE RESERVOIR AND OTHER WATER SYSTEM IMPROVEMENTS": I Renovation of 4fe11 House Number One t! F,~: ~ Contingency ($1255~ ! To: ~ Construction $1255 i 7his transfer provides monies for Rockford Corporation Change I .. Order No. 2. ~ PASSED BY TNE CBUNCIL'OF THE CITY OF KENAI, ALASKA this 6th day of February, 1980. VINCENT 0'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance:~_ f, --_ __ , 1, _ .___ , :..~ , ._. ~ _~- ~ ~ ~ . , . ~ ~ , 1 ~ I 7 .. s n " ' . _... ~~.... : , . . .. . - -• • ~ .,.---~. E . ~ - ~ .- ~ ~ . ~-~a~ - - - ~~ t ~ :. ~`,~; ; ; `~ - . ~ r %n y ~ r g ; '` 11 ~~ i ,---.-- li --- +I ~ ~~ -_ I ; ~ I ~ . ..... . ....__., .. _ .. . .. .. . .. _...... .<a..o...~ ~..... ....~ .._..... ..... ... ~ : ... ....~.- i4wNts N~. ~/L'~Gl EOA 07-51-200 4 iv CONTRACT CNANGE OROER ~ a~„o„ Cit of Kenai low[r+.~ :le. , 1~ fCwr•.r~~~) RocRford Corporation . ~~„~~~ ~„k~ ~,,. P. 0. Box 10-1706 2 Mchora e Alask You art hactq tequested to ~oe~~lr rith tAt follo~~inj than6es from the cmttatt plans ~nd specificstians: Ite~ Oexri~ion ot tl~anaes' 9uanitics. units, Dccttsse in inctease in i No. ~mit prices, chanas in complction scAtdu-e. ~tc. m contracc jKice ce contr(a pe ~ (7) ~'~ 1 iurnish and install 220 rolt heater in thlorfne ~o~ 396.28 2 furnfsh and install restraining straps on flex couplings 248.91 3 Furnish and insWll Dleedtine valves 204.33 4 tteather strip Chlorine Room door . 6~•92 S Furnish and install one pressure guage and valve on mainline control valve ~qg,60 6 Furnish and install two grating U ciamps ~•~ 15Y Profit S Overhead Ib3.65 ~ a/% - - f,~ ~.~,~ _ . w,: : ~-:,, ;r :+~v CF .CNA1 ~ ~"~~•C•.,°_ - -~ _~.•....AG£? _ py --'-•- ~`// .~_ ~. LT'^.. cY ._. ...___ CdKS :C : ~' . i . ~ . ... ~ ~~EFK _____ ~ . .... -__ _ ~_:~ - I . _ OAf+INAI COPY TO ._--.------ i - I _.J Chanse in convsct pcice due to this Cbanae Order: . t dareast T f X~XX '.'.'. ~X X. on • XXX!(%XXIiXa!C7CC!C f ~ 254.65 Tm~l incrcase (3) and (1) " C l b : : ctres~ o . biffetente «~«,~ r~ee r a~cra~ 3 f f. r ~ r p N« Gp«~•x Y1rc we of S ~•254.65 is httebY (aAAsd [o) (RdAudtOdcf77aA) tht rotal con~roc[ price, a+d the taal adjuued eoauaee pr:es w due J~ercby ;s S 162.710.14 __ TAe time pto~ided (nt eoopteiion in the c..nnact is (uncAi~aed) (inr~eased) (deertased) bp calendat ~Srs. Thisdocvmtnt shall Lecome an amendment eo tl~t coneract anl a11 p~o.isions o( ~he eonersee viB appl~ Aerero. ~`~ ~ ~.~ ~ 2 ^ sv d b p Rseoraende MchlttcVF~~Pncct ~~~ ' Dexter F. Smith ye~ Januar 28 1980 ~ ~ Aeee ed (:onustwr ~~r I I Apym~ed by aMr Dsa 1 1 I ~ 1 ~ ~ 1 . J~ f --- 1 --~ T - _ r .,.. --- .• --~ ' -- _ - __ - - . .,..-.. - :r .. 1 _ . ~ ~ , . ~ . I I.~~ra/ l0. EDk 07-51-20014 -- , - ' ' " "" " ~ "~ ' JUSTIFICATION FOR CHAtiGE I.OM~M~ NM ' ' ( F~~Rr U~d~t Hs. • •1 V 1. Nsctssity tot chan~c: ' w • Additional items for ease of maintenance and increase service life ~{ _,........ ..~.... s_ ~ -- .~.... ' ~~ ~ - :. . r . I -. - _ - - ..._ . - . - • . ~.__ _ : 1 _. __ _ I. Is proposed cb~nse sa sl~emue bidT [] Ycs ~ Sto 3. r,~~ p,~posed ch^nje auer ~Ae pfiysfc,l size ot ~he projea~ QYes ~ No . rr ••r..,....oux,. ---- , i I. EUect o! this chanje on aLer prime canuactms: rjp~B • . ' _ ', ~;' 1 ~ ~ ' . S. H.s conssni o( sunry bern obuiaedt : , ~ Yes ~ Hot necessaq ; It ~~~~~~~ ~~ 6. ~11 this chanat sflett e:piration ot estent of insunue coveuae~ [] Yes (~j] No ~'' '~ ~t "Yes: ' rill the policie~ be esttadedt [] Yes ~ Ho i i 9 Z • ,+ . "' . . 7. E(fea m openiiea and mainanance cous: ~ r 1~ ' 'il ~ . }. -- I . . Increased ease of maintenance and increased servSce life of some components ~ ~ . . . -`- - _~~-_ I l . . . . . . _ .; , . . - - - ' . O.n~er D~u ~.t: .t~ ::. . - _ . - ~ w:. ' ~ I . . ~ - - . . , . . ~ow tau~ ~wc~. uaa . ~wo.r..oc nn~.r» tl ' . q i - -- - . _. . , ~ +.. : ' ~ i .„ ~ 7 f~ ~r., e ~ ~yI ~~ R f ~ ~(. ~ ~' ' . ' , ~' ~, ~ ~ ~ ; , - , , ' . ~ ~~ ~' \' ~~ i: f 1_,. ~ ~ ": `~ r,v- . ~ / '' . .r:~,:~;:~ ~ ~ ~.:!.;' < , . . ~ , :, ;. ~` , °~ s S ~ ~ ~ i--- ~ -' ~ . ~ _ t (.ITY U1= iCt~lAl - ~ .,a~ e~~ ~ ~~~„ P. O. EOX 5C0 KENAt, AIASKA 99~11 TKE~NONE ZA1 - 759b MEMO TO: HONORABLE MAYOR AND CITY COUNCZL FROM: BEN T. DELAHAY, CITY ATTORNEY RE: ZRREGULARITIES AND LEGAL PROBLEMS RAISED BY RESOLUTION NO. 80-15 DATE: FESRUARY 4, 1980 Resolution No. 80-15 has come to my attention and a review thereof indicates that passage of that resolution would be in violation of the Char.ter and Ordinances of the City of Renai and would require registration of, and reporting of the hire of, the Mayor as a lobbyist for the City of Kenai. Since I did not have time to get this memorandum into the packet, Z am mailing it so the Council will have ample opportunity to review it before considerinq Resolution No. 80-15. First, I would like to point out Ordinance No. 547-80, which appropriated some $8,000 for transportation and miscellaneous expenses for an effort to influence legislation to acquire funds for Capital improvements in the City of Kenai was entirely proper, althou h if an such funds were aid to "other knowledgeable ndividuals" it would involve the CitY in a lobbying effort that would require the lobbyist to re ister and make re orts as such and would re uire the City to report the hir ng of the lobby st. However, Resolution No. 80-15, which would apparently involvs the Mayor as a lobbyist, would raise a number of other questions. This Resolution is apparently based on the memorandum from the Mayor to City Council dated January 28, 1980, Re: Capital Improvement - Legislative Effort. Section 2-3 of the Kenai Charter states "The compensation, if any, of the mayor and other councilmen shall be deter- mined by a nonem~:rgency ordinance; but no fncrease in such compensation shall become effective until after a r~ular city election has been held. The mayor and other councilmen may be reimbursed for expenses incurred in the discharge of their official duties. .." jemphasis suppliedJ KMC ~ : -- ~. ~ ~• t. , ~~. ~ ~ . r =; , ,. '~ ; ,. ` i ~ ~ !! . / r -- , ---: ` --'c'- 11 I 1~M0 February 4, 1980 Page 2 1.80.010 provides: pThe Mayor shall receive a salary in the amount of $200.00 per month. This salary shall be an addition to the reimbursement for expenses and provided for by charter." Kenai Charter Section 5-8 states as follows: " Neither the citv administrator nor anv cauncilman shall sell or barter anythinq to the city, or make any contract w th the city, or purchase anything from the city, other than those things which the City offers generally to the public (as for example, utility services), and then only on the same terms as are offered to the public, unless an invitation to submit sealed bids is published, and the city accepts the sealed bid which is most advantageous to the city; provided that the council b dor nance ma authorize such sales, contracts, or purchases involving a consideration o not more than 55UV Zn vatue, to be maae~witriout sucri bid or rates preva linq in the communitv and w zavoritism or aiscrimination. Any such officer violating this section, upon conviction thereof, shall thereby forfeit his office. Any violation of this section, with the knowledge, expressed or implied, of the person or corporation contracting with the city, shall render the contract voidable by the city administrator or the council. This section shall not apply in cases in which the city acquires property from any such officer by condemnation. [emphases supplied]" Thus, if the lobbying effort intended to be put forth is a part of the official duties of the Mayor, then the Charter prevents any raise of salary prior to the next elections. If, on the other hand, the fees mentioned in the amount of 56,900 are cansidered to be for services in addition to his official duties, then we not only must comply with State law concerning lobbyists and their registration reporting, but it is prevented by the Charter unless sealed bids are obtained for provision of such services. It would not help to call these fees "expenses" since the $8,000 provided by Ordinance No. 547-80 was designated to provlde for transportation and related expenses, and since ~' r--i ~ _~.... - ._. , ~! , MEMO February 4, 1980 Page 3 r r- -r --~ the Mayor, under our Ordinances, is authori2ed expenses on the same basis as other employees, that is at the authori2ed per dism rate of $20 per day plus lodginq expenses, with the claims for lodging expenses to be supported by receipts. To set such a sum as a flat amount for expenses (in addition to collection of expenses for transportation, lodging, and per diem for food) would obviously be an attempt to circumvent the Charter, unless it were restricted to actual expenses supported by vouchers for matters related to the lobbying effort, such as buyinq meals for legislators, or for copying costs for materials to educate the leqislators. Where such a flat fee is set for expenses, the Internal Revenue Service would require that it be reported as income with deductions for expenses necessarily and actually incurred which were supported by vouchers, unless the employee were required to, and did, make a full report of his expenses to his employer. In view of the expenses normally incurred in such efforts, above and beyond the personal expenses of the party makinq trips, I see no problem with providinq such a fund for the payment of expenses necessarily incurred, supported by vouchers, up to a maximum of $150 per day. This in conjunction with the vouchers furnished would remove any question as to the fact that it is either additional income for official services or payment for additional services which were not requested under sealed bids. The provisions of AS 24.45 provide for regulation of lobbyinq with AS 24.45.041 providing for registration of a lobbyist by filinq a statement on a form provided by the Commission, AS 24.45.051 providing for filinq of reports by each lobbyist, and AS 24.45.061.provides for reports by employers of lobbyists. These reports are filed durinq the calendar month followinq each calendar month during which the leqislature is in session. There are civil and criminal penalties for violation of the lobbyist laws. AS 24.45.151(a) provides in part: (a)"This chapter does not apply to ...(2) an elected or appointed state or municipal public officer or an employee of the state or a municipality acting in his official capacity or within the.scope of his employment;" Note that while this would cover an exception for any elected or appointed official or employee, it would not exemgt from reportinq as a lobbyist "other knowledgeable individuals" as provided for in Ordinance No. 547-80. The definition of "lohbyist" in AS 24.45.171(a) is a"person who is employed and receives payments, or who contracts for ~f ~ . . ~i a~ f T v- - - ^- . r ~~ - - ~.T~ ~-_ w _~~__~~ - --- '~.a"'~ _ • ' 1 MEMO ~ .~ February 4, 1980 Page 4 economic consideration, including reimbursement for reason- able travel and living expenses, to communicate directly or through his agents with any public official for the purpose of influencing legislative or administrative~action if a substantial or regular portion of the activities for which he receives consideration is for the purpose of influencing legislative or administrative action;" [en-phasis supplied~ thus even payment for travel and living expenses to one not exempt (as are elected and appointed officials and employees) would constitute one a lobbyist. i Thus the efforts of the City could be advanced in either of two ways - either by retaininq a lobbyist (in which case it miqht be advisable to hire a professional in Juneau who would not have the tr~nsportation expense back and forth) or I by relying on elected or appointed officials who are exempt . from the provisions of the statute and providing that in addition to personal expenses any other expenses incurred and supported by vouchers, would be reiunbursed. It might be most effective to have a combination of the two, a lobbyist on the spot to follow bills and do what he can, together with communicatian so that an elected offic~al could take ~ special trips when these matters come up before committees so that they could give their own direct testimony as to the , . effects on the City and impress such legislators as they can with the importance to the City of the fundinq in question. ' However, in order ta avoid any question as to misuse of • fuads, the ordinance or resolution providing for the services ,i should be clearcut so that there can be no question as to . wrongful expenditure of public funds, and also so that there _.l should be no question as to the possibility of evasion of ~ the laws reqarding lobbyist activities. STD/md ~ ~ ~ - r - a J ' "I V= ~ ~ . ,, _~. . F rh ti 1 y tS~ ; °. . ';; ; 3: ( ~~ . __--- -.- _, _-T . ! ~M~• ,-, `:, _" . ". ~~ '~~-----~ ~ , ~ ~ r r- -~ ~ --~ CITY GF KENAI RESOLUTIOh NO. 80-15 A RESOLUTION OF THE COUNCIL OF THE CITY OF RENAI, ALASKA AUTHORIZING, AND PROVIDING FUNDS FOR, THE MAYOR OF THE CITY OF KENAI TO BE PAID A FEE OF $150 PER DAY FOR SERVICES RENDERED IN A LOBBYING EFFORT TO O$TAIN STATE OF ALASKA FUNDING FOR CERTAZN CAPITAL IMPROVEMENTS, AND TO OBTAIN SECRETARIAL SERVICES IN SUPPORT OF THIS EFFORT. WHEREAS, the Council of the City of Kenai, Alaska, has approved certain capital improvements that have been submitted to the State for funding, and WHEREAS, the Council deems that an effort will have to be made on the part of Council persons and other knowledgeable in- dividuals to securp such funding, and WHEREAS, the Council believes that the Mayor should be primarily responsible for coordinating this lobbyinq effort, and WHEREAS, the Mayor will be in need of secretarial support services to aid him in his efforts, and WHEREAS, the Mayor has expressed a willingness to accept this responsibility and to devote the required time. NOW, TAEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT: Section 1: The following transfers of monies be made a.n tr he 1979-80 General Fund Budget: From: Contingency ($5,100) City Manager-Salaries ($6,600) !t i ~nn. TO: Legislative-Office Supplies $ 400 Leqislative-Communications 2,000 Legislative-Professional Services 9,300 $11,700 ~ ~_ :~ „ . ; ;~~ ~ ~ ; ~ ~-_ _,. _ _ ____Y._ .----- . r- ? ; ' '; ~ . . - '_ . '_ 'F, -, , I i ,` , '~", . f ', l . i 1 ~ •~y~..~ ~ ' ~: , ~ ~" ~ K r. . y.. ~ ~~.. ~ ` _` r, . ' ' ~ ~ ~ . ,- ~--- - ~ ~ - - --~ ,~1 , _ . ~ - - . - 7- ur- ~.- - ~ ~-~ / , I Resolution 80-15 Page 2 Section 2: The Mayor of the City of Kenai is hereby appointed and authorized to perform lobbyinq services in an effort to obtain State of Alaska funding forcapital improvements. Section 3: The Mayor, for services performed as ~ outlined in Section 2 above, shall receive compensation of $150 per day for each full day for which he is actively engaged in such services, plus transportation, per diem, and. other expenses at actual cost. Section 4: The Mayor is authorized to obtain secretarial service- sTi.n support of this effort. These secretarial services shall be on a contract basis with an individual or firm, and the City Council shall approve the individual or firm and terms. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of February, 1980. VINCENT O'REILLY, MAYOR ATTESTz Janet Whelan, Cii:y Clerk Approved by Finance: ; ~ ~ ~ -~ i~--~ ..~~ ~~ _ -_ . __ ......~._..:.1 ~ ~• T ~ ` _r ~i ~ r~- -r- _'~'~_ t~ CITY OF KENAI ..a~l G'~~,C o~ ,q~~a„ ~. O• ~OX 510 KENAI. ALAfKA 99~11 TElE7MONE 2~3 • 7S3S January 37, 1980 -. ,. , -.~• , p~ 4 ~ P1-E-M-O-R-A-N-O-U-M 70: Kenai City Council From: Charles A. Brovm, Finance Director Sub3ect: Resolution on Lobbying Effort For: February 6, 1980 Council Meeting 1 have drafted the resolution as requested in the Council Work Session of January 29, 1980 concerning the lobbying effort for State funds. I do not believe we can call the $15d per day fee to be paid to the Mayor "t~liscellaneous Expenses" as suggested. If this were paid ta a third party, I would require that it be accounted for as professional services. It would seem that we, therefore, should account for this the same way. 41e can try to call it anything we want, but this is a fee for services rendered. I have serious questions about this action. I refer to Kenai Municipal Cade Section 1.80.010, which sets the Mayor's salary at $200 per month. I also refer to the Kenai Charter, Section 2- 3, which reads: "Section 2- 3. Ma or and councilmen: Com ensation. Th2 compensation, if any, of the mayor and ot er councilmen shall be determined by a nonemergency ordinance; but no increase in such compensation shall become effective until after a regular city election has been held. The mayor and other councilmen may be reimbursed for expenses incurred in the discharge of their official duties. This section shall not affect the compensatfon which a member of the council may receive as a member of the borough assembly." I have discussed this very briefly with the City Attorney. He may have some cortments on this matter, as well as the matter of whether or not an elecLed official who is paid additional compensation for lobbying efforts is exempt from State registration. Far that matter, if we pay transportation and per diem for an individual not connected with the City, does that make __:, _ ~~ - ~- ~ . -;. i ; ~ --- _ _ _,,____s - ~ _ - ~ .,. ~ ~ . _ ,.- : ~ I . _ - ...._..~ _ ...-:~.~._: c:~..:,_ .. _ _ -----o _ - . , t _ - . ~ ~ Memorandum to City Council ~-•., ~ from Charles A. Brown January 31, 198Q page 2 1 him a lobbyist and subject to registration? ' I certainly do not want to appear to be stifling the efforts ta obtain State funding for these pro~ects. On the otfier hand, I do not want to be accused of not safeguarding City funds. ; r ;, ~ ~. ' . ~- - , n ~ ~ ~~ 1 / ~ 1 ~ 1 ~ ~ '. ~ ~ ,` ~ ` . f . -- _ _ P ,.__~..- -._..- _ _--. - ~ , -~..- :~ , '~ - _ ~ ~-:,:.- -_~ - - - .~~~~,~ - - . _ ,~ . - , -:~.. , . , ~ - _. ; ~ ~ ~ ; ; CITY OF KENAI , RESOLUTION N0. 80-16 ~ ~ BE I7 RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA j '_ THAT THE FOLLOWING 7RANSFER OF MONIES BE MADE IN THE 1979-80 ; W{tTER AND SEWER SPECIAL REVENUE FUND BUDGET: + - - ~~ n From: ` ---- ~ ' , ~ Water and Sewer Services-Operating Supplies ($400) . . : ~ , ~ ~ , I 1 To: ~ ~ ~~ Water and Sewer Services-Professional Services $400 ' , This transfer is needed to have chloroform testing performed on water samples through the end of t6e current fiscal year. " - ~ PASSED BY THE COUNCIL F THE CITY OF KENAI ALASKA this 6th da 0 , Y ~ - - _ . of February, 1980. ~ ,. -~ ' '" ~ ~ INCEN 0 EILLY, YOR • ' :._;. - ATTEST: ~ ;`,: '' e r' ~ zi i ~ Janet Whelan Cit Clerk s S~ E~ ~ ' A roved b F~nance: ~ ~ , ,--~' . l pp y _~ j' il~' F:. ~'""'~ . - ~ ". _-.-_ , ( ~ - - ~ -' - ~~ - ..? . . ,:. . ' _ , . --------~---.-. '~"~_~-~ -,,.~--~ , _,. _~. " ------< -- -- --_-_--- _ _ . - - ---'- - . _' ~ - ----- ` ~ . --- --~- _ _~_ , -- ~~: - ~ ° {~ ~- , ~, . ~ ~ ; ~~' 'a . ~, _ -;. ~ . ; , i , ~~ h,. _ . . _ " _ ' i ii ~, "~~ . . ,- ~. i r ;,. ' f ~ I _ ~'; S.T. ~ ~ . . ~k ` _ '.•t:~ . ~d`. l 1:: ' ,"`j~; i 1 ~ ~ , - _~--7 --- - . ~ - ~- ~ J > ~ 1 ~ ~ ~ i' ,-~,, ~~ : ~ ~. : ~}~ ~;; ~ ~L~ i .~. ~ f - --c - I =1; ~/ -. ) - I bu ~~7~ ~ ~ ~.~. r _.~ . _ ~ ~ ~ . _~ ___~.._~ Z.~ CITY OF KENAI ORDINANCE I~O. 548--80 AN ORDINANCE OF TfiE CQUNCIL OF THE CZTY OF KENAI, ALASKA, At4ENDZNG A PORTION OF KMC 1.56.020 TO CORRECT THE RULES AI~D REGULATIONS OF LZBRARY USE. WHEREAS~ the Kenai Municipal Library Department has recently been codified, and WHEREAS, th~ librarian has pointed out that one of the provisions for levyinq of ffnes has been unduly restricted by mistaken inclusion of a limiting adjective that should be corrected, NOY7, THEREFORE~ BE IT ENACTED BY THE COUNCIL OF THE CZTY OF REDIAI ~ ALASIW. AS FOLLOWS : Section 1: That KMC 1.56.020-2 (b) is hereby amended as fo lows: (b? 10 cents a day on ~ day books and/or other library (READING] materials including periodicals, maps, atlases, phonodiscs, and newspapers. PASSED BY TIiE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 20th day of February, 1980. VII~CEIJT 0' REILLY, MAYOR ATTEST: Janet Whe an, C ty Clerk First Reading: February 6, 1980 Second Reading: February 20, 1980 Effective Date: March 20, 1980 ~ i i ; .+ 1 • _ _~ -- - ~ -___ -, -_ f . :~... - :...~. . a. r ~- --_ ,~- ~ CITY OF KENAI ORDZNANCE NO. 549-80 AN ORDINANCE OF THE COUNCIL OF THE CZTY OF KENAI, ALASKA AMENDING THE AIRPORT REGULATIONS BY ALLOWING FOR AN ADDZTIONAL EXCEPTION TO PARKING IN THE AIRPORT SHORT TERM PARKING AREA. WHEREAS, at times, vehicles are left over-night in the Afrport short term parking area due to no fault of the vehicle's owner, such as poor weather conditions that prevent fliqhts from returninq to Kenai, and WHEREAS, the Council deems that it is desirable to make an exception to the impound provision of the Airport Regulations when a vehicle cannot be removed from the short term parking area due to no fault of the owner. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CZTY OF KENAI, ALASKA as follows: Section l: That Section 5.030 of the Airport Regulations be amended as follows: 5.030: Short term parking area: The parking area ~ encompassed by Willow Street and the Airgort Drive Terminal Loop is designated a short term parking area. Parking is persaitted in this area 6:00 a.m. to 2:00 a.m. for a period not tv exceed 8 hours in duration. The only exceptions to this rule are for (PERMITTED BY] (1) the car rental agencies which tnay park their rental cars on a 24-hour basis in those areas identified by appropriate signs, and t2) individuals who contact olice dispatch prior to 2:00 a.m. an report that t ey cannot remove t eir ve ic es rom t e s ort term ar n area ue to events t at are eyon t eir contro sua as cance 3ed ai~ine ~ a ts or ~ ~* a., a, ,-e~e,..,~*; xental cars improperly parked, e.g., not-in e r assigned agency area, and all other cars in this lot between 2:00 a.m. and 6:Q0 a.m. and not excepted above, are subject to impound. - PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 20th day of February, 1980. VINCENT O'REILLY, MAYOR ATTEST: ~ Janet Whelan, City Clerk First Reading: February 6, 1980 Second Reading: February 20, 1980 Effective Date: March 20, 1980 ~ s~ , ~v. . ._ .'_' -' r ~-- - -- --~ CITY OF KENAI „a~ e~~ ~ ~~~„ P. O. BOX S~0 KENAI, ALASKA 99~t t TKEpNONE 4ia • 7515 January 22, 1980 M-E-M-O-R-A-N-D-U-M To: Kenai City Council From: Charles A. Brown, Acting City Manager Sub3ect: Airport Parking For: February 6, 1980 Counci7 Meeting At the January 16, ]980 Council meetinq, I was asked to prepare an ordinance to allow for an exception to vehicles being towed from the Airport Short-Term Parking Lot when the owner was unable to return to the airport and notified dispatch of this. I discussed this with the police chief. At the present time, a phane call From an individual to the effect that he cannot get to the airport to pick up his car, will not prevent his car from being towed away. However, tbe dispatchers vlill assist the car owner by attempting to contact friends or relatives of the owner (by phone) so that they may remove the vehicte* The administratian sees some problems ~~ith an ordinance such as the one proposed in the first paragraph above; 1. One of the purposes of having all of the cars removed from the Short-Term Parking !ot is to enable our crews to remove the snow. This is not unlike the purpose for the ordinance dealing with parking on City Streets (Code Section 13.30.030~. 2. The dfspatchers have no method of distinguishing between leqltimate phone calls(those from individuals who actually cannot, due to "Act af God", remove their cars), and those who are merely busy in Anchorage Tonger than expected or simply missed the AAI flight. Let me ask this: If AAI is flying, but a person misses the flight due to poor road conditions in Anch- orage, is this an "Act of God"? 7he point I hope to make is that the greater the amount of "3udgement calling" written into an ordinance, the greater the difficulty in administering the ordinance. Md, I i,hink we can assume that, since some cars would be towed and some not towed, more errors will occur. We will, I'm sure, have some cars towed away when the people have called us(over a period of time, just about everything that can happen, will happen). In any case, I am preparing the amending ord~nance as directed. ~/ ` ' .~ ~. ~- - -~ -- ~ ~ ~ t ~` , d i ', ' ' t~.. . ~ ~ , l . , ~ ~. . . i ~ , . t ' ,; 'y ! ; .~ ; ti i ..i ~,~~~ ~ _ -_ __ _ _ ~ r y~ ~- ~ ~~ ,," , .~.-~~~ . ~r.~._..,... ~_.._.~~. .. - . ~=°------ , ... . - .. _.~ - --- - - -- - - ~,~„~ CITY OF KENAI ORDINANCE No. 550-80 AI3 ORDINANCE OF THE COUNCIL QF THE CITY OF KEI3AZ, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GEI3ERAL FUND BUDGET BY $500 TO PURCHASE ADDITIONAL LIBRARY BOOKS. WHEREAS, during this fiscal year, through January 18, 1980, the City has received some $500 in library donations and in charqes for lost or damaged books, and WHEREAS, it is proper to use these monies to r~place lost or damaqed books and to purchase new books, and WHEREAS, proper accounting practices require that aIl approgriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CZTY OF KENAI, ALASKA that the following increases in estimated revenues and appropriations in the 1979-80 General Fund Budget be made: Zncrease Estimated Revenues: Library Donations 5500 Increase Appropriations: Library-Books $500 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASICA this 20th day of February, 1980. VINCENT O'REZLLY, MAYOR ATTEST s Janet Whelan, C ty Clerk Approved By Finance:~<<x' First Reading: February 6, 1980 Second Readinq: February 20, 1980 Effective Date: February 20, 1980 ~ 1 - ~--- --.~~ ~ (; . + ~ B ' ~ ~ ~~_- _~_ ~--~~ - __ _. -~ _ -- _ -~ -~_ _ _ _ _ . _ _ ~_ ~ 'r ~ . ~ • i ~- . ~~ ~ ~ -_- - --"--"'r`~1 ~ M ~ - , ~ ~ INVOICE COOPERS & LYBRAND CERTIFIEO PU6LIC ACCOUNTANTi 430 WFSr SEVeNr-i AVENUc ANCHORAGl, ALACK/- p0801 ~~Oy) 274-3802 January 25, 1980 ~ ~ City of Kenai ,_ P.O. Box 580 ' ' ~ Kenai, Alaska 99611 ~~ ~ I ~ , . INVOtG[NO.j], ~ 971 nccr. 2255 00-30 Final billing on examination of Office on Aging Grant No. 069510 _ for the year ended June 30, 1979 ' (at contract amount) 1 500.00 '. . . ~•`' ~ A~ttOb~ 81f CJftf Oi KEAlAt / ~ - y~r r ° - Ys ,~ ~ ~~ i I C~ CiTY MAAtAGER (~FTtiAVCE ~~ y. ~~ ; a~~~~~c woaxs O A7TORNE1f ~ ~ ~; d~,: ~ ~~ o ; ~ ORIGINAL COPY TO ~, ~ a~s 4 , { ,` . ~ -. --._.. _ _~. ~__ ~ ~~ l , .~ .l .4 ~ ~ ~ PAYMFNT OF THit ~NVOICE !8 DUE WITHtN 3p DAYII OF YIWNG DATE. T-. , ~~' ~ I ..'_ _ i . 1) ~ '~ . ' • ^ . . . _ _. ` ~ "' I I I ~F~~- • .. _"_~.. '•; - rr~. y __ ....,t ' • ~ ~ .1'~~• • . ~~.}iJ~f~Dif~:~. :1~u.~lM.. y ir' ~ ;•~\3i.'~ I~i~:. ~ ~.. ~ ~.. .. 4 _ ' ~'~'^t'+~. yf''.;t`~,.'"?~'..- :si~F:ti~«. y'+~ ~`;'. ::.:i'~.°... - :t~.~e...~.'~~.f•.~... i''<°,`rt ..r r~v.~~»~.~+..:a.~:fs.,..,~rfe'•'3'' • ~ . ~. ~ _~ ---~ rwea.~s~+~.:r.nwww+rs•-. ~..-. . ..~.. _... . .._ _y~cr;: ... ~o.,...~~~,....c . .. ... . ,~-fL--... . .. __'__' _`__ -ws. ~ i~ y ~~` ~ . ! ~~ ~ ~ ~ 1, , ~ : ~ ~` ' j , . ' J ~ ~, r R '~ i ' L „ . ,!' . ': _ • ~i,, f ~~ :3}~. _ ~ p, ~ ~ ?., ; :.4~ ~ a. ''~ i , ~ ' ~ i ~...' .{'~ -- J,--~ -- _ -- . r --~ k --- ~- ~- ..ns~z. _a: ~,.~- - -~..~._:,._~,Y._-»__. ... .---"_.~- ~- • -~ . ... . ~, , ..,.-- --_ . \ ~' /~_~• T ~~~ ~ ...~ _ ._ . _`- ~ P ~ _ • r . ~ w~ ~ ~ ~ ~ : ~g i ~City of Kenai P.O. Box 580 Kenai, Alaska 99611 ~ ` ~ . ~ ~. ~ _. January 25, 1980 ~HVOtcateo.11970 /-ccr. 2255-04 0 Ffnal billing on examination of , Federal Revenue Sharing and Anti- recession Fiscal Assistance Funds ~_ for the year ended June 30, 1979 (at contract amount) 3 500.00 r ~ ~- S _-. _ ., f .~ _ ~ ~' ~ ; `,; , ( 1 - ~~0~~ -' ~~~ ~ I I i ~ ~~ ~ ~ ( PAYM~NT OF TMIS INVO~C6 IS OUL WITHIN 30 DAYa OF BI{.t.tN6 DATE. ~ = ~ :Y ~ ~ -_' .' • - ~ 3 _' ~ _ s . - ~ ~ ~ ~ _ `J ' ~ . - . . .. _ . ... ! ... . .._ ' ' { • I ~O~ ~Y~'~~...Y«rtiw ~+?~~ -.. .ila.. `= ~ ~. :.J~:~~tcn.~~:~~~ T~ ~i,: i. Y.~.~ ~. . _, _ . ' - " _ - .`M^t Y _ ~ . - . . i . . . . . .-. . . ' . . _ .. ... . . .: . " _ ~~ .. ,~,'%'!'p1[~' `rr`+,+NOr,es^:Y-t.-..'.:iaabwtr~+~wr.r..+~s .. r. - ... . .- .. .. .~~ • ..~ " "~."~r+rr.V+~w ~ . r . ~ . . ~~ - . 1 ' F ' i` ,~c-____--'.- _ _._.__..- _ _-_ ._> _ __ ... _'_ ~ _ . . . . . _ ... - . ; ~ 1, /: ~: ~ u. ~ ~ i ~ ~ ~y f - i t . - ~ t.'. . ~ . 4 ~ , + . ;~ ~ 'n i ~ `i., . ~ '1,`°_ _ I ~ ~ ~ . , ` I. 0 i . ' i ` ' ; .~; ( ~; 1~" ' ~.i f INVOICE COOPERS & LYBRANO CER7IFIED PUBLIC ACGOUNTANTS 430 Wesr S¢v~r-i Avva~-uc ANCHOr~wce. Au-s~u- aaao~ c~o~~ z~4.seoa _ _- ~ , ~_ _ ~ ! . - - .~i~.4- iM. ~ + r ft . ' _ ti • ~ _.. . . . - . .. - ~ ~ ". _ ~ _.. '_ . • •.. - .. ~ ~ ~ - .~- -r ~ --~ 1 ~ ~---- -~ ~ - . ~ - . _ ~. ". ..,..,~.s_ - - - - - ~ INVOICE COOPERS & LYBRAND CERTiF1ED PYBLIC ACCOYNTANTC 430 WESr SEVEHr-t AVENUE AHCRORA6E, AUIQKA 9~50/ ( ~07/ 274•8602 January 25, 1980 r City of Renai P.O. Box 580 Renai, Alaska 99611 ~ ~ iNVO~c~NO.11969 ~~*• 2255-05-30 ; ~ Final billing on examination of . HUD Public Facility Loans Program ' ~ Project No. PL-Alaska-22 for the year ended June 30, 1979 (at . ;. : ! i , amount of maximum fee per proposal) S1,5~ - - ~ r i ~ ~ ~ APPftOVfe~ SY Cii7 Oi fC~AI - 's ~ ~~ / p LRY Wt!lNA6ER ~f[lfANCE .._[.e=~ie~ - !.2 Y6 / o o `~3~3/ c ree~c woRics..._......~---- a arraP~se+r .._.....~ ~ ~r.~ c~Fetc - o - - ~ ~- _ ~-= AL COPY TO ~~•` ~'~+.--.---. I i~ ORIWN - _ ' ~T ~ I PAYMENT OF 7MI8 INVOICL Ii OUC WITMIN 30 DAYS OF BiLLIN6 OAT~. - ~ . ; ~. 1 ~~ ~; ~ . . ~ . - - _ . - . ., i ~ - -- - ~ : - ~ . r _ - _ . ~' _' ,,.•T-y• 'w ~,yv :I.~P:Mt~r ~_~KSM~ ~cuY....." '. ' _'~~ ~#•~. . ~ ~Mi:j:i-ar........ ..~ i .. -._. : e'~- . . ..... .- _ - . .~ . - . .., . ;. _ ..: ;: . . . ~t'„~ , •s•r' `~'~T'+~ J~~~ ?.'da+.N..~~. . . . ~ .. ~.~ _. ... .._ .- ~ ~G' . . . _.'r 1 _ _ ~'yT,v~Tt+1M ~-_-___ . . _~.~~.~____._` i+M`/~l~I[+ie~~~-L '-'.Mf+l+-~l_ >.av~+^w~Tr ~r: ..... .i ~. ~. .. Y"b - •.!1'!'ta:. . . r. ~ - .P+~+o~w~. . . ~fe. r.. . . a 1L _ a. .. . .. ... . _ . _... _ .. __: <_ - .~.-.-...~_.-...-~-- _ " - _. ._ . . _ iI ~ ,, ~ l. . • ~,j 1. ' . , .{ . • ' • ~^ 3 .. ~ ~ . y i ' ~. ~ I , ~ 3 "'- . _ I ~ , ' ' i . , 3 ~ ~ t..i [ ~ i ' 4 '` ~ . \ ~ f ___,~ r , ---- --- _~.~. ~rt ~ ' . HAROLD H. GALLIE7T, 1R Rea~srcatn Crv~~ ENa~Haca ,- .~- ~ - ~ ~ .^~ arpoRrs ~~s r sraeer ~URVEYi ANGiORAOP. ALACKA ao501 ~uP~ivistoH 9 January 1980 s~z.as~a-- Z~o.asza Mr. Charles A. Brovm Ci ty t4anager Ci ty of Kenai Box 58~ Kenai , Alaska 99611 . Sub3ect: FINAL STATEt4ENT, . Professional Engineering Services, Covered Potable Water Reservoir Or Stee] Water Tank, From 1 April 1978 Through 9 January 1980 EDA Pro3ect No. 07-51-20074 Oear Sir: This letter is ~y i sta m n- for professional engineering ~ services performed from 1 April 1978, through 9 January 1980 in conrtection with the sub3ect project under my contract dated 2 October 1975, as amended 21 July 1977 and 12 February 1979. My charges for BASIC SERUICES, in connection with vrork described in paragraph a. and e. above, under paragraph IV A of my contract, are as follows: TIt4E Galliett, H., Professional Engineer .~ 1- 101; Hours 50.00 Hr. -~5:~- Galliett, M., Secretary ~ 14~ Hours @ $Z0.00/Hr. 290.00/ $~ ~ ;,r. . T-- ,_--. --- -~ ~ S ___ _~ -i- ~ ~_ _ f- _ r ~ -- ~ --~ . ~ ~t - - - _.. ~ ~ ~ . I . , . ' I ~ ~ I ~ ^ / ' Ex nses At Cost ~ Reproductions $ 40.69 Tel & Tolls 19.17 i Transportation 359.58 ~ Mileage 10.00 Xerox 88.84 ; Supplies i.92 Parking Fees 5.50 Meals 42.50 Postage 8.6 3 i Room 82.64 ~ _ Car Rental 34.79 Misc. Expenses 304.50 I Prorated In ~ Accordance ~ With Enginee r's i° Hours On Job ~ 998. 76 ~ ' i • Total, Time 8 Expenses, BASIC SERVICES ~~ oK . ~ ~ My charge for SPECIAL SERVICES, in connection with the v~ork, ~~` i , i under paragraph IV B of my contract, are as follows: ~ , ~ - i Time . . ~ i Galliett, H., Professional Engineer _ `~' ~ ~ 133; Hours ~H~. 56-;6~5:-80~i~ : ; I Change Orders 1-6 ~ Galliett, M., Secretary J 40%2 Hours @ $20.00/Hr, 810.OD / i Change Orders 1-6 ,, . i~ ~" Galliett, R., Engineer-In ~ ~ ~~ ~_ ' Trai ni ng ;' sf-' ; 3 Hours $25.00/Hr. 75.00 / ; ' _ _ r Chanqe Orders 4-5 $~',~ao :~6~ o~ -2- ` , _ ~^. _~ ~~- ~ t ~ f ~3~- :~ ~ ~ ~ _y ~ - ~ , .-- ~i - _.__ ~ ~r-~~ , _ . _ - ~ r ,.,~ ~- - r ~t ~ • _ _ - - ~ c:: . - - - ~ . ~_~, ~ ~ ~ Expenses At Cost Reproductjons 5 57.40 Tel & Tolls 21.01 Transportation 358.00 Mileage 47.30 Xerox 118.20 Supplies 10.93 Freight 22.05 Parking Fees 5.85 Hea1s 49.72 Postage 1.18 Room 31.50 Car Rental 30.00 Film Processing 99.18 Professional EE 950.00 Services Misc. Expenses 400.50 Prorated In Acoo rda nce l,li th Engfneer's Hours On Job 2,202.82 ~ °r• Total , Time & Expenses, SPECIAL SERUICES $~;76~1':82'~ ~ The distribution of my charges for time and expenses through 9 January 1980, is as foilows: A. BASIC SERVICES 1. Contract Miount $28,600.00 / , .;i _~i 2. less Previous Payments - 22,239.69 / ~ I 3. Current Contract $6,360.31~ - Balance For , ~~- ~~ BASIC SERVICES ; : ~ . ~ 4. Less Current Earnings - 6,360.31 ' -~ ,r -' For BASIC SERVICES ~~ ._ , ;, `~ , , 5. Amount Remaining In -0- ~ Contract For ~, j BqSIC SERVICES -3- ~ ! ~} ~ ~ ; .; ii ~ ~~ ~ ~ - -n _ ~~ ~ . !~ . - • . b, SPECIAL SERVICES 1. Contract Amount $22,300.00 / 2. Less Previous Payments - 11,290.11 / 3. Current Contract $11,009.89 ~ Balance For SPECIAL SERVICES 4. Less Current Earnings - 9,762.82 For SPECIAL SERVICES S. Amount Remaining In $1,247.07 ~ Contract For ~- SPECIAL SERVICES -~ . Engineering costs versus estfmated progress under my engineering contract has been as follows: - • a. Contract Amount $50,900.00 ~ .~ b. Costs Through 9 January 1980 - 49,652.93 ~ c. Current Contract Mnunt 1,247.07 ~- d. Current Cost/Contract Amount 97~ , ~ . ; e. Estimated Progress of Engineering 100~ ~~r ~ PAYMENT REQUESTED-----•------------------- -$16,123.13 OK , . Uery truly yours, c~~i ~ / ~~3 ~ O - ~~ 9 S' ~-C~.9z-~.~.~"7 3 ~,Q-,~,~"~tJI,J~ ' 6 ~~'~ ' ~ Harold H. Ga11 iett, Jr. , ~ ~ Regi stered Civi 1 Engi neer ,, ~ HG:mg , ~ ~ ; ~ ~ i i , , ~~ ~ I ~. --- - . - - - . - . -~- , ~ - _ ~ - - - -_ .. - - - _ - _ ~~ . -- -. _ ~ . ._ y..__._ _ _ ~. . .s , ~ ~ ~ .. ~ ; ~o ~~~ ' ~ ~o H 1 LL Anchonge Of~ce ~ ~ e ineers 310 K Street, Suite 602 Anchorage, Alaska 99501 ~ ^ planners 907/279-6491 econom~sts scientists Dace lanuary 15, 1980 ~ Job No. K12965.A0 ~ Ci ty of ICetla't Client Ref. No. ! E3ox 580 inroice No. 10032 t Kenaf, Alaska 99611 Attn: ~M. Charles P~ravn f ~ ~.~ E STATEMENT E For professional services thrax,~h Decer+#~er 24, 1979 regarding the Step 3 t ,__ Grant Application E E , Professionat Services $2,500.00 ~ ,. i M~pUM' OUE . . . . . . . . . . . . . . . . . . . . . . . $2,500.00 f '; l ' -~ FI NAL BI LL ~. I ~ I -. ~ ~3 - y 93~j'- ~~ ~s-- ~ .~ ~ '! ~ ~ ~~ . I Cov.cJC.~~. 3 6 ~~ . ~ , aoaaav~ er anr os ~ x C'1 CJ1'Y AAANA6ER FIkANCE G L/ .~~~ ~ ;f ~1~Y./'t"%t~ WOAt(S ~~.,.~. ~ """'..-.----~-- ~' ' ~/ u~'t CLERK i~•~~xr C! ATTDRNEI~ : ~ C] ~ ' _ , ,~ ORI6JAIAL COPY TO ~,~~ ....___.._,,,_, i. ~ ~ - _ _ ~ ----- ~ -_- s ? ~ ~ - -. 1 ; ~ OUE ANO PAYABLE ON RECEIPT OP STATEMENT. FINANCE CHARGES, COMPUTEO 8Y A"PERIOOIC RATE" OF 1% PER MONTN, WHICH IS ' ~ AN ANNUA~ PERCENTAGE flATE OP 12'K (APPUED TO THE PREVIOUS MONTH'S BALANCE AFTER DEOUCTING PAYMENTS ANO CREOITS ' FOR THE CURRENT MONTHt, W1Ll 8E CHARGEO ON AlL PA$T•OUE AMOUNTS UN~ESS OTHERWISE PROVIOED BY lAW OR BY CONTRACT. ~ ~ .. - ' ~~ Kt 1 !HQ r , ~ _~__` ~ ~,_~_.--_.-- - - _ . . _ _ ~ .~. __ - -~ - - c . i ~ ,.~ i . ~ k ~ I 3 J; , f ~.. i . ~ t ~ 1" , ). i , .. f ! . . ~ , . ~ ~~ . ~ ' ~ .-- : ~ i :. 'r . ~ i f I ~- ~ • ~ , i, ~ 1 ~ ~ ~ 1 t~ ~ T--~ ~ ~ ~ . ~ ~ ~ --.. rN`~~ ~~H~ LL r .... ~ ~ -_ •--. ~ ~ . Q~ Anchorage Office -~ engineers 310 K Street, Suite 602 Mchorage, Alaska 99501 planners 907/279~t91 economists ~ SClPf1I15t5 ^ one January 15, 1980 ` Job No. K12720.00 ~ CI ty Of !C@tla i Client Ref. No. Box 580 Invoice No. 10030 Kenai, Alaska 99611 $S~BI~B~ Attn: Il1r. Chartes Brown, Act irx~ Ci ty Manac~er J j;+ ~+„~,~N A~~ I~~IiI u 6~t ~ 'r"„p~s STATEl1AE(11T For professional services fram November 25 through December 24, 1979 regarding the Sewerage Projects design. For detai! regarding this billing perivd refer to Progress Report No. 9. Professional Services $ 22,405.22 Expenses 2,440.35 ~histafa, Hong (mirtority subj /=~ 7,433.80~ ~e ~bZ~~r'! 5,120.63 i~. ~, M~UM' DUE . . . . . . . . . . . . . . . . . . . ;37,400.00 ~ 75- Y539o - ~a51- ~~ ~ CMtr~.`~~ .~~J/ ~ ~2~ ~ ' P~ pr.or ~C~Z~~(~~0, i . j 6~ ~. ~ 9~ I ~ ~; j~ , ~~ ~~ /l.e~~l V.-os. .Q f ya ~. ~ 6~ fo..c P r~nS Cy ~ 4 .~a ,~ r;;.~ ~srcmros~ :~ : ~ cm ~raw~eeR ~aktE ...~~ . ~ ~P'~euc woRKS ___~~_,.~,.~. : , ~~i; Y CLERK O artnmuEy 1j. : , i O , oarw~ ccrr ~ F ;' ~ ~ --~.. f j ~ -__ _ i J - l ~ DUE ANO PAYABLE ON RECEtPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A"PERIOOIC RATE" OF i% VER MONTH, WMICH IS ~~~~^ .: ~ AN ANNUAL PERCENTAGE RATE OF 129i (APPLtED TO THE PREVIOUS MONTH'S BALANCE AFTER pEOUCTING PAYMENTS AND CREOITS i FOR THE CURRENT MONTHI, VYILI BE CHARGEO ON ALL PAST•OUE AMOUNTS UNLESS OTHERWISE PROVIOEO BY LAW OR BY CONTRACT. ~ r ~ -- , --t _ ~ i1~~+..~.~ ._~;.~. , r :v s:. - - ... ~ -.-:_.._ .. - . . ~~ »~-,.. _ - -~-'.T-- - ~ - - - - - - - - - - ~ ~~_. . ~. -... . _. . . ~ - - -' - - - - -- - _ - ~ _ - ' - - ~ . . . . ~ A~~IJ~NfM,G~It1~i 0 AJJ~lCiIN~IS t~IC. . ' ' ConsuHmp Enpirbsrs ' ~ ~932 F~ntAr~. Room30'S,Seottte,wc.98to~ ~ INVOI~E IdO. lI?1 Td ( 206 ~ 622 - 6062 ~t•^r-~~~ -. . r~~'/ 151919 • i - N°°. 8, 1979` , CH2M HILL NORTHWEST INC. C~i2MliAlqk, ~ W. 0. N0. 4225 °310 K Street . Anchorage, Alaska 99501 Attn: Nlr. Loren Leman I FGTt PROFESSIONAL SERVICES: KENAI STEP~ 2 ~~-Gy,~,~~. ~Q ' ~~ ~ ' PAYROLL: From Sept. 26 to Oct. 25, 19?9 ~ ~ 1 • Engineering 135 hrs. @$17.32 x 2 $4 67 . 0/ 3 7 ~ Drafting 115 hrs. ( @$ 7.50 x 2 . I,725.00 / , TOTAL PAYROLL COST: $6,39$•?0 ~ EXPENSES: Mileage $3.g6 Printing 89, 74 g3,?p ~. TOTAL COST: $6,4g2.40 ~- " FIXED FEE: $6,492.40 x 0.145 941.40 / TOTAL DUE THIS INVOICE .. ................. ...$7,433,80 ~ AP?R~MED I~R PAYM~T O~ir~ ~~~/9~7c Atr~4. ~ ~ . ~o .~ob i! ~ `(YGt ~ i _ _ _ __ ~ r s. --- - ~ ~ T~ -_ ~ -- ~ -~ --~-~lr- ~~ t" . ~ - _~. 3 =- I ~ CH2M ~ ~~ H1LL engineers `~ planners ~ econornists r scientists ~ January 16, 1980 R12720.00 Mr. Charles ~3rown ' Acting City Manager City of Kenai __ Box 580 ! Kenai, Alaska 99611 Dear Charles: ~ Re: fienai Sewerage Projects Design ~ Progress Report PTo. 9 , Progress on the design of the interceptor, sewaae treatment ! ~ plant, and outfall during December is surr,r.-arized as follows: . ~ - Ser~aae Treatment Plant ~ o Comments from the internal CR2M F_ILL review have been incorporated into the documents. . o We have responded to the letter from the ADEC re EPA Region X Desi n Guidelines for 0 erabilit , Flexibility ,, ~ and tiainta na i ty. ., ,~ Interceptor ~ i `"~i o CIi2M HILL and City of Renai review comments were incor- ~;~- ~ porated into the drawings. o The first draft of the specifications has been prepared ~i by i4ustafa, Hong & Associates and has heen processed by ~~; CH2M HILL. ;; , ~:.~ o We are coordiaatinq the interface between the sewage - treatmenz plant and interceptor i$eparate construction ~ ' `~ contracts). i. ..~ Outfall __.-_~_ I o Design activities during December were postponea; none lJ~ will occur until weather permits additional fielc~ wor}c. -- - We prepared and submitted on January 3, 1980 a letter ~z --- ..~ __- , ~ AnchoaQe ONke 310 k Strret. AnrhoraKr. Alask.~ 99i(n 90'/279~6i91 .~:_...~ ~~ I~ . ~~_=_ - ~~.~~ _.~.. ., •• -~ . ~ ~. Mr. Charles Brovm ~ , f ('i tv ~f tCP~a i '_ I K12720.00 ' Page 2 Ih -- f- _ __ __ ___ _~_ r __ _ ~- _ _` ~ _ __ _ ~. ~.._._..-,..., . . ' _~. -- _-_-_- ~ . _ _ . ... . ~ ~.,_ .. ..~. _ -,_ "-" ~.r~_ ~ _r , ..~..~-.,--.-~ ~ - , ~ . ~ to t~lr. Reith Kelton documenting infornation regardinq outfall location. '. Activities anticipated to occur during January 1980 include: o Receive and incorporate as appropriate reviea~ comments from the City of Renai, ADEC, and the Corps of Engineers. __,- o Alter the design to include new aeration basfn blowers. _ o Print final documents and begin bid advertising (follo~ring ___ approval of Ste 3 rant a licati.on . P 9 PP ) ; o Drawings and specifications for the interceptor and land portion of the outfall are now expected to be , ~ rea@y for distribution to Kenai and the reoulatory a encies duzin the week of Janua 28 19 g 9 ry . 80. ~ ; Sincerely, i ~ ~~~ ~~ if/U~' ~ Loren D. Leman, P.E. bja ! ccs Reith Kornelis ,. P Y E. ~ . ~--z / r ~,ti • " • . UNWIN • SCHEBEN • ~(pqYNTA ~ HUETTL 281fi A 3TREET ANCMOFiAGE, AK. 9HB03 27p•4Q46 ( ~yl kr0 ~s.. I D'•n~. rP ~. /- 2 /-l ,j / CI; Y OF Y.E*iAI ' C/0 KORPSELIS P. 0. Box 590 Kenai, Alaska m . DATE QI/26/t30 I;JV, rro. 0109279 CUST 1T0. 5000150 JOB ?10. 9279 KENAI AERIAL PHOTO/1~tAP 65~ of $83,000.00 / h/or/\ f r 3 9so '1 654 0~ $83~OOO.QO = $53,950.00J ~'ef'q•,•a~s ~ s;ys~ -J LESS REC TO DAT£ -( ~. , ~3 ~ 3~" ~ ~ Y~ sss e~ttov~s sv ~ ov x~ P~. tv d qte ~' 36 3~r 7~ O C3TY MAtfAGER ~ @/~,aHC£ .._...C~~.,, ' ¢/~'s^cr: W,ortxs - J.~..-.._._ p arroaruev '~"'-" ~" ~ " ~'.• ~ / .i / d ', &a~crr~ ~t.~~:x o ~ ~~ oa~cw~u coa~r To -.-,~i •.~~ ' ~"~""; TJTAL S] , ~3.00 i , +~ fER~$: lytl~ ps~ mpnth ftrviq Chsrgf On ~ti O~ft Oue ~Ctounts. TO avOiC ~AGitionat strrlCe Ch~rq~, psy bal~nCa 0ut withln 1S tlsyf of tht Q~t~ of the bltlinq. i •OWS~ rttum y~itpw WDY wIM psYmant. ~ ? tj . I ~. (~ ~ :' ~~ ) I f. !I ----~- ,l - -_ , ._ ~ ,J ; _-- ; - i ::`7tT • :: . .-.:r , , . „ ~ : -:r=..;..... _ .. ~ ,. _ .. : . - z;,,,. ,r,~; '- - i `i.1d.'~r-~i. a.::fc. _ . ._ . . . - . . ... .-:'`_ :~=f'r: ~ -'~,''_ ;~,..lE+`~i":' s-'_ 4 ~I ' t- ~ ~ . ~ ~ <. 1 ~ ~' , i '~~, ' . F p: } ~ i ~ . ~ j ' ~' ~ . f ~ ~ ~ .., ° . ~3 .~ ~ /# . ~' ~ • ~ ~ i ~ ,~ ~ ~ 1 ~ ~ ~ ~ ~ i ~ ~ ~ ~ 1 ~ J ' ~ I • ' + ~J ~~ ` l ` i ~ ~__ _ _ I~ . ._.: _,_. .. ~.~,.~ ~. ~816 A STREET ANCNOqAGE,AK. H9E09"' PN. 907 • 876-4248 Mr. Charles Brown City of Kenai P.O. Box 580 Kenai, Alaska 99869 Re: Kenai Mappi.nq Job Work Order No. 9279 Dear Mr. Brown: In accordance with your request, the following is our completion percentage on the above-referenced project. Percent Complete 1. Survey and Drafts - USKFi 99~ 2. Mapping - Walker & Associates 41~ Overall project completion is 65$. If you have any questions on the above information, please do not hesitate to call me. January 22, 1980 LS/be ccs Mr. Keith Kornelis , L.S. ~ __.~__ `_~ _ _ _...: i p c~- ~~ - ~e~ ; ~I o ! f ° G `~ ° : I~ ~iOROON O. UNWIH, P.E. ~EO SCMEBEN, JR., P, E„ L.S, EAq{. p. KORYNTA, P,E, JAMES A, HUETTL, A.I,A, ~~ -~.~. ----- ---° ' ~--- ~ ~ _ _ _ ~r ! - T- ~ -- _ ~ _ ~ _ _ , . T ---w. - -sT~ ~ : ~~ ALASKA DEPARTMENT OF REVENUE APPLICATION FOx PERMIT FOx AUTHORZZED GAI~:S OF CHANCE AND SKILL : ,.~, CALENDAR YEAR 19~ RETURN TO: PERMIT FEES: I Dept. of Revenue - Audit S20.00 due with application ~ Games of Chance 6 Skill 1X of eatire net proceeds due with annual ~ Youch SA financial statement Junesu, Alaska 99811 ~ FIRST APPLICATION ` vpERMIT RECEIVED PREVIOITSLY APPLICATION MIJST BE COI~LETED IN ACCORDANCE WITH 15 AAC 05.460 08GANIZpTION: xame: F~~ f e p~p t.. O~d ~~ a,.~ taq i es ~ 3 sa 5 . Address: P~~'~ l~ K U77l~J ~ Eaa; ~1.CRSkA 5~7tort ~ ~ Q1TAI.IFICATIONS FOR A PERMIT: ~ A. Type of orgaaiaatioa (Check one) . _ (1) Civic or Service (6) Veterans --. / ~2) Religious (7) Police or Fire Company - (3) Charitable (8) Dog Mushers (4)_~Fraternal (9) Fishing Derbq ~ ( (S) Educatioaal (10) Political ~ ~ ; (11) Labor ~ B. State how long organization hae been ia existence ~o yEA~t ~, C(o ~!!o -7 j~ I` ~ --'~ C• Recogaized as a nan-profit organization under the Federal Income Tax Laws. _ ; <. ~ ~ . / Yes No ~ ~. Include a copy of IRS Certificate if not previouslq submitted. j, ~ ~ D. Af~iliation with National Orgaaization: ~ Name of Natioual: G RA,~ ~ /Qe ,+ i Q ,~ , ~ Headquarters Address: ~ yc ~ c~ Ce~; •, ~.c.~ ,:,y ~ vc /~l ~ ,~ s~cr /~c ~ li.~,': s'~,,?33 ~ ~- .>_ ~ E. Organized as a Corporation; f/Association; Partnership; Firm; --- ~ Company. ___ Include a copq of origiaal Charter, By-Lawa aad a current liat af 25 local ~~ ~ members, if aot previouslq submitted. SRo~ ~~~~s~7 5.~~,,,,/f-4d -/f~~ -_ . *~~AI.L ANSWERS MUST BE PRINTED IN ZNK OR TYPEWRITTEN*~~ ~, . 04-643 (8/7g) (over) ~ 'r ! i '_ _ __ _, _T _ . _ __ _ . _ . j-- . -- _ . r "~i , ~ ~ - _ . _ ~ ~ TYPE OF GA~`SES TO BE CONAUCTED: ~ '- (1) t~ Bingo (3) Ice Classics (6) Fish Derbies ~ (2) 1~ Raffles fi I.otteries (4) Rain Classics (7) Contests of Skill ~ I ~ (5) Dog Mushers Contest - ~ List types of games by commcn name if other than those listed above. See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450. OFFICERS: , Name Title Home Phone Biago gam=s must aot be held more than 9 times a month with 35 games per session. Date Hour Date Hour ~ P~N DEDICATI0:1 OF NET PROCEEDS: A. Estimated gross receipts (yearly) $ ~O~• f B. Stat~_ the specific purposes for which the eatire net proceeds are to be devoted CERTIFICA'fION: We a.rtify that a21 the officers and all the persons in charge of games are of good moral character and have never been convicted of a felony. SJe certif y, under the penalties of perjury, that all of the statements contained herein are true and r.orrect to the best of our knowledge and belief. SIGNANRE OF.TWO OFFICERS REQUIRED CITY COUNCIL APPROVAL ° c.• i ~ ,~ p ~ _ . _ ~ -~- ~ Name Title Home Phone ~, i~ ~ ~~ -~ T _ ~ r ~ _ . _ _ _ __~--.-~ i ALASKA DEPARTM~NT OF RE~ENUE 3 ~ APPLICATION FOR PERMIT FOR AUTHORIZED GAPff:S OF CHANCE AND SKILL CAI.ENDAR YEAR 19~ RETIJRN T0: PERMIT FEES: Dept. of Revenue - Audit S20.00 due with application Games of Chaace ~ Skill 1X of entire net proceeds due with annual Pouch SA financial statement .Iuneau, Alaska 99811 FIRST APPLICATION ~PERMIT RECEIVED PREVIOUSLY APPLICATZON MUST BE COI~LETED IN ACCORDANCE WITH 15 AAC 05.460 Name: aaa=~S: Ba'~C~.2 27 A. Type of organization (Check one) c..+TV~~.c.~ (1) Civic or Service (6) Veterans (2)~Religious (7) Police or Fire Company (3) Charitable (8) Dog Mushers (4) Fraternal (9) Fishiag Derbq (5) Educational (10) Political (11) Labor B. State how long organization has been in exiatenc _ ~~,~E !d ~~ C. Recognized as non-profit organization under the Federal Income Tax Laws. Yes No Include a of IRS Certificate if not previouslq submitted. D. Affiliation with National Organization: . ~-~DoX ~yv~iy o.~' ~e•~ Name of National: ~ ~ ~.. ~ ~.,..,~ ~ ~.. /J ~ ~ ~,`d - ~ .... .~ .- i~ ~,.d.~~,.,~~ ~ Headquarters Address: ~~/ Ti~~~,~~~~~ T E. Or~aaized as a CorgoraLion; Association; Partnerahip; Firm; ~~~• Ci~f~i~~ Include a copy of original Charter, By-Laws and a current liet of 25 local members, if not previouslq subffitted. *~ALI. ANSWERS MUST BE PxINTED IN INK OR TYFEWRITTEN*** 04-643 (8/78) (over) . _. . . -«-~-"~ i ~ .- ~- - -~ ~ _ _ ~ T -_~..,- t,r~ - .~~ . ~._ - ' - - , __, -.--. - -__ _ _ - - . 1 ~ ~ I TVPF hF' ('AUVC mn nc rn~mt~r~~rcn. ~ "' `. ,,. „ ....... ... u.. vv....w...... _, (1) Bfngo (3) Ice Classics (6) Fish Derbies (2) x Raffles 5 Lotteries (4) Rain Classics (7) Contests of Skill ~_ (S) Dog Mushers Contest i Lfet types of games by commcn name if other than those listed above. i See Sec. 05.15.180; 15 AAC 05.410 and 15 AAC 05.450._ OFFICERS: Name Title Home Phone ~ ~i `, : ~, ' ,..~ ~.. (~ S Bingo games must not be held more than 9 times a month with 35 games per session. Date Hour Date Hour ~ ~LS r-~~ ET ~.~sE DEDICATIO;Q OF NET PROCEEDS: ~a A. EstLaated grosa receipts (yearly) $ "-"- B. Stat~: the specific purposes for which the entire net proceeds are to be devoted / CEItTIFICATZON: ~- ~ We c~artify that all the officers aad all the persons in charge of games are of ~ good moral character and have never been convicted of a felony. We certify, under .-: F the penalties of perjury, that all of the statements contained hereia are true ---- and r_orrect to the best of our knowledge and belief. ~ S OF TWO O IC I CITY CO APPR . ~~ .; -,~~ - , ~..~.... ~~ a~ ~~~ - - ---_..:~ ~~ .- - --~- - - - PERSONS IV CNAR6E OF GAMES (Must be a member of permittee orgaaization): Name Title Home Phone _ ! -~ -.- _ _ _ _- r ... ~- -~ t --- r ~ ~" c .• .. ~ - -_ . ~ ll~~ ~~ ~~1'~1811 _ __ _ ,~ „(I~:l G'~~~a,l ~ ,Q~u~ia„ P. O. BOX S80 KENAI, AtASKA 99611 ' TEtEPNONE 483 • 7535 . . January 22, 1980 MEMO ° T0: Mayor and Council of the City of Kenai FROM: Bill Nelson, City Engineer SUBIECT: Review of Trading Bay Professional Center Attached is Review af the Tradzng Bay Professional Center for your consideration. ~, _.. BN/jet ' . ~ ~ ~f~~~l~~.,.._.-r- • ~ ~ , . ~ ~ -' ~ ! ~_ , ..~.. ..,w.. ; _ -- - -~ ~ c;.~~ C.~~~ CITY OF KENAI „~~l G'd~r:~l a~ ,Q~C~~ia„ P. O. BOX 580 KENAI, AIASKA 99611 TEIEPHONE 4i3 • 7S3S i~ ~ ' J~'_ ;,~ SUl-1I~4ARY ( 3~~ f-~ REVIET~ OF TRADING BAY PROFFESSIONAL CENTER ~ _ FOR CONVERSION TO CITY HALL C~.~ ; On January 16, 1980, I personally visited Trading Bay ~ Proffessional Center. I have reviewed the building according -- i to the following criteria. Fi ~ .. I 1. Conformance to 1976 Uniform Building Code Zoning Code. °. 2. Description and tabulatian of physical features and . construction of building. a 3. Capacity of the building to provide square footage required ~ ,_\ by the City. , `' 4. Remodeling/Renovation costs based on the assumption of varying ' - percentage of remodeling. (100$, 75%, S0~} S. Suitability of the building to function as intended including efficiency of form, energy costs,insurance costs and annual . ~, I maintenance costs. ~ ~ ~ ! REVIE~J OF TRADING BAY PROFFESSIONAL BUILDING ~' ~ CONSTRUCTION TYPE: jVood frame, non-fire resistive UBC Type V-N CLASSIFICATION B•2 Office Space i I FOR INTENDEA USE: ;~_~ . ; AREA: 8500 sq. ft. (6500 sq. ft. available immediately) ! FOUNDATION: 40" concrete block stem wall on 8'• x 16" f ' , ~ continuous concrete footing. ' %" EXTERIOR 19ALL: S/8" T-111 plycaood (channel cedar on front) ~ over 2 x 6 studs, 1/2" sheetrock F, 1/4•' paneling ~'~: on interior finish. Sheetrock not fire taped. ~ ~a FLOOR: 18" deep floor truss at 24" on center i~rith " ; ~, -- ~ .~~ ~ i I ~ 3/4 T F, G plywood, design load - 100 psf total . ~ ~ '. ' ~i ~ ,. ,~ ~ _ ~ --- - -=~_ , _ _-~ -- - - - - . 4 ~: f {{ . ~ ~ `t ` ` 1 M ~ ~' _ ~~~- ~ ~ ~ ~ I . ~ :i;. :. ~ ;i.._', .. ,~,r x. ~'3r ~ 1 i ~ t 't ~ . ; i ~ ~ L t ~ ~ wi~ ~ i --_-~--- -~ / ..~.- - - --~ --- - , •..... Review of Trading Bay Professional Center Page 2 r --- , ---~ ~ ROOF: ., 36" deep roof truss at 24" on center with 1/2" plywood sheathing, design load 55 psf total CEILING: Suspended, fiber file on metallic grid. PARTITIONS: 2 x 4 studs with sound board and 1/4" paneling, sheetrock in restrooms. INSIILATION: Foundation - 2" beaded styrofoam 1Valls - R19 fiberglass Ceiling - R38 fiberglass WINDOi4S: Wood casement thermopane. LIGHTING: Suspended flourescent panels. FLOOR FINISH: Offices - Carpet Restrooms - Linoleum Tile HEATING/MECHANICAL 220 VAC Baseboard electric heat. SYSTEM: STRUCTURAL INTEGRITY This building conforms to 1976 Uniform Building Code Chapter 25 ~ requirements for wood frame construction. According ta the truss manufacturer,the roof design Live Load was 40 psf, and Total Load was SS psf. The truss manufacturer also stated 'zhat the floor was designed to carry a 100 psf load. These figures are in conformance with applicable U.B.C. design standards. Both the attic space and crawl space were dry and showed no signs of rot or decomposition. FIRE RESISTANCE No code requirements are in effect which require fire resistive construction or fire protection for structural members. This structure conforms to U.B.C. Type V-N woodframe non-fire resistive construction. According to Insurance Services Organization in Anchorage, a non-fire resistive combustible building could have up to 35 percent higher fire insurance rates than a similar building of non-combustible construction and equal occupancy. INSULATION/HEATING/MECHANICAL/VENTILATION With R-19 walls and R-38 ceiling insulation this building meets the ASHRAE 71 guide standards for energy conservation in buildings. 220V baseboard electric heaters are the prime heating system. Ventilation for this bL~ilding is supplied by openable casement ~, windows primarily along the west side of the building. The Uniform Building Code Section 1105 reQuires "All portions of Group B, Division 2 Occupancies shall be ... provided with ... natural ~ ~____ ___- _ _ __ .~ ~ ~ _ Review of Trading Bay Professional Center Page 3 ventilation by means of exterior openings with an area not less than one twentieth {So) of the total floor area, or ... a mechanically operated ventilation system . " Offices in the rear of the building do not have natural light or ventilation required in offices under this Section of the U.B.C. nor has a mechanical ventilation system been provided. Many of the heating units are located on interior partitions of the structure which would have to be removed and reinstalled when partitions are relocated. iJORKMANSHIP/APPEARANCE The general appearance of the workmanship in the building is good although the suspended tile ceiling is noticeably uneven. Apparently, interior partition settlement has caused the grid system near wall/ceiling intersections to sag. This in turn leads to an uneven appearance of the ceiling system. PARKING There is 17,000 square feet of paved parking, enough for approximately 48 automobiles - 33 spaces are required. ~ AREA/CAPACITY This structure contains 8500 square feet of floor space. Until the expiration of an existing lease, approximately 6500 square feet are available to the City. Currently, the City requires 4500 square feet for offices and 1300 square feet £or storage according to the Program for a new city hall. This totals 5800 square feet leaving 700 square feet that could be used for the Revenue Department if necessary. Upon expiration of the Marathon Oil lease in the North SVing, this might be converted to Council Chambers. There does not appear to be enough area to include both the Council Cha.mbers and the Health Center at this time. REMODELING/RENOVATION COSTS Structural renovation of this building ivould not be necessary for the conversion to City Offices. The building is relatively new and as stated earlier shows no signs of rat or structural decay to the extent that it was investigated. Remodeling costs would be encountered if the City chooses to move partitions to accomodate City departmental functions. ~ ~-,~--`~ ,~ ~_-_. ~ ~ . . ' ~ ! r ~-- --_ . -~ - Revie~ of Trading Bay Professional Center Page a .-~ Remodeling costs are studied in eight major categories as follows: 1. Ceiling tile replacement. 2. Carpeting replacement. 3. Partition demolition and replacement. 4. Lighti.ng relocation. S. Electrical relocation. 6. Baseboard heater relocation. 7. Ventilation equipment. 8. Contingency. CEILING TILE REPLACEMENT As noted earlier the suspended tile ceiling is uneven. In addition to this, the grid system for the cei2ing tile is discontinuous between rooms. ti9hen a partition is moved a 4 1/2" gap between ceiling tiles will occur, equal in length to the removed partition. For these reasons, it would be necessary to replace the ceiling grid in the remadeled portions of the structure to achieve a uniform appearance. The cost for this would be about $2.50 per square foot. Total costs are: 100 percent replacement -$ZI,250 75 percent replacement - $15,950 SO percent replacement - $19,fi25 CARPETING REPLACEMENT Carpeting is also discantinuous from room to room, thus necessitating replacement of carpet in those areas that are remodeled. Unit costs will be abcut $2.00 per square foot assuming a medium duty commercial carpet is installed. Total costs are: 100 percent replacement -$I7,000 75 percent replacement - $12,750 50 percent replacement - $ 8,500 PARTITIOH DEMOLITION/REPLACEMENT Tear out of partitions will cost about $2.50 per lineal foot for an 8-foot high partition and $30 per lineal foot for replacement. This cost ~~ill vary depending on the quantity of partitions removed. There are presently 825 lineal feet of partitions in the structure. Assuming tear out of partitions relative to the following schedule, these costs can be expected. 100 percent tear out, 50 percent replacement -$14,450 75 percent tear out, 37~ percent replacement -$10,825 SO percent tear out, 25 percent replacement -$ 7,225 ~ ~ ~ ~.-:-.;~ ~ ,. ~ ~ ~ _ ~ f,---~ -- ----- r _ _ _ ~- ,- -- -~ Review of Trading Bay Professional Center Page 5 .-~ LTGHTING RELOCATION I.ighting relocation is estimated, on the basis of $25 per'~bpening~ for relocation. There are approximately SS "rooms" with ? openings per "room" for a total of 165 openings. 100 percent relocation - $4,125 75 percent relocation - $3,100 SO percent relocation - $2,050 ELECTRICAL RELOCATION There are approximately 55 rooms with 4 openings per room at $25 per opening. 100 percent relocation - $S,S00 75 percent relocation - $4,125 SO percent relocation - $2,750 HEATING RELOCATION There are approximately SS rooms with 2 openings per room at $25 per opening. ~ 100 percent relocation - $2,750 75 percent relocation - $2,050 SO percent relocation - $1,375 VENTILtiTION SYSTEM If rear offices are used, a ventilation system would he necessary to provide fresh air. A duct system would cost in the neighborhood of $20,000. An alternative would be to install windoi+~s in the rear of the b~iilding. According to one of the present owners, rear windows were not installed because they were considered a security risk. CONTINGENCY This is used to cover unforseen costs of remodeling. Usually a 10 percent contingency is normal. Contingencies could include telephone, power hookups, etc. CONTRACTORS 0 F, P If the City buys the building and contracts for remodeling, the contractor would require a 25 percent overhead and profit on top of the unit costs. An alternative would be to ha.ve the sel2er agree to modify the building before pui•chase by the City. ~ , , . ~ -- ~. _~ - ~ °r 3 :r _ ~ ~. J ~ ~.' ~ _ ~,'___~ _ _ _ _ ,- _ _ ..G - - _ i- ~.. --- ~ --~ _~ ~ .~ ~ . "`-~ . Review of Trading Bay Professiona l Center Page 6 ~ ENGINEER/ARCHITECT FEE If the City buys the building and contracts for rem odeling, detailed plans and specifications would be required for bidding. This cost would be appraximately 10 percent of the contract price. SUMMARY OF RENOVATION/ REMODELING COSTS 100~ 75~ SOo 1. Ceiling Tile $21,250 $15,950 $20,625 2. Carpeting 17,000 12,750 8,500 3. Partitions 14,450 10,825 7,225 , : 4. Lighting 4,125 3,100 2,050 S. Electrical S,S00 4,125 2,750 6. Heating 2,750 2,050 1,375 • ~ 7. Ventilation 20,000 - - Sub Total $85,075 $48,800 $32,525 ° ~ Contingency 10$ 8,500 4,900 3,250 Snb Total $93,575 $53,700 $35,775 ~ 0~ P at 25~ 23,400 13,425 8,950 Sub Total $116,975 $67,125 $44,725 . ' EngineerlArchitect 11,700 6,700 4,500 at l00 • TOTAL $128,675 $73,825 $49,225 , ~ ~,~ ; f ; ,c.: - _ ,~ ; ~_ _ ~ ____ T ~ ~ ~ ~ . Review of Trading Bay Professional Center Page 7 ~ SUITABILITY TO FUNCTION AS INTENDED From a statistical standpoint, this building provides the square faotage required by the City of Kenai to house City Administration, a Health Center, and a Council Chamber if the Marathon Oil Company moves out of the I~orth i~ing. If the Marathon lease is not canceled prior to its expiration date, then either the Council Chambers or the Health Center would have to be deleted from the facility until such time as the additional space becomes available. Remodeling of the office spaces could vary from making no renovations to completely removing all interior partitions and redesigning the interior. Somewhere between these extremes lies a scheme which could be used to move the City offices into the Trading Bay Professional Center. ~ This building has been subdivided into six separate suites each of which has been further subdivided into separate offices and corridors. It would be possible to~place current City Departments into the separate suites with no physical connection between departments. This would result in inefficencies due to the tarn.e that would be spent moving from one office suite to the next via the outdoor sidewalk. By penetrating the walls between separate ~ suites with door openings, it would simplify movement from one office to the next. This approach of "opening up" the offices to increase efficiency could be carried to a greater extent by moving partitions and creating spaces more suited to the functions of City government. Referring to- Plannin the New City Hall, Repc~rt #212 Management Information Service, Internationa City Mana;ers Association, included in the top ten parameters for planning a new facility is the following statement: "plan the city hall from the inside out with emphasis on work flow, convenience to the public and convenience for employees." Conversely another one of the prime considerations is stated: "Don't try to remodel an old post office, school building, convention hall, or other building designed for some other special use." The present configuration of the interior spaces in this building, a grouping of enclosed offices is contrary to Report #2I2 which further states that: ~ , ~ ~ i i ~ --~'T _. __._ _ . _ T « ~~ _ 1 ~ " _ ~r . ~..'. .~ ____ r • ~ ~ -._. J..ri.._. [:r i/~4..• - _ i ~~' • . • Review of Trading Bay Professional Center Page 8 ~. "More space is required for private offices; space utilization is restricted through segregation of areas for private offices; and considerable expense is involved in rearranging and reerecting partitions. Ventilation, lighting, and heating prob2ems~ are complicated by a number of small offices; supervision and coordination of work, flow of work, and communications are made more difficult." From these comments it is apparent that more than a minimal amount of remodeling will be required. Consideration should also be given to the operating costs for energy for an electrically heated building. Currently electric ~ power in commercial quantities is approximately 3.5 times as expensive as natural gas which is available to the site. Maintenance costs for major components of this building would "~ be comparable to other buildings of equal size with the exception of the wood siding. 1Vood siding requires weather protection in the form of stain or other sealant every four or five years. to prevent decomposition or rot. BN/jet -~ ~ 1 \J ~ i t ~ , ~ _ _ _ _ ___ __ _ _ _--_ _ __ , _ _ - !~ February 1, 1980 ~iiY ut= ~t~i~-I „U~l G'a~r:ta.l r~ ,Q~cv.~;,l2„ Y. O. EOX SQO KENAI, /1lASKA 99~11 TELEPNONE 483 • 7535 AtEMO T0: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public 19orks SUBJ~CT: jVhat's Happening Report for City Council Meeting February 6, 1980 WELL HOITSE 101 RENOVATION Rockford Corporation is waiting for approval of Change Order No. 2 prior to completing all the items on the punch list. This Change Order is before Council at this upcoming meeting and concerns six relatively minor items. The total cost of the increase in the Change Order is $1,254.65. This . Change Order should increase the ease of maintenance and the service life of some components. AIRPORT ~VAY - ti9ATER, SES4ER, AND STREETS There has been no change in this project since my last report. SHOP ADDITION AND LUBE RACK This project should go out to bid again very shortly. Since we now have EDA funding in this project, some changes are needed on the bid documents. KENAI_SEWER TREATMENT PLANT INTERCEPTOR LINE AND OUTFALL The City of Kenai received a copy of the final draft specifications and drawings for the Interceptor Line and the land portion of the Outfall. It looks like this project is proceeding on schedule and should go out for bid in March of this year. ~ NE1V STREET ~IAP A~copy of the ne~a street may has been given ta both the Planning and Zoning Commission and City Council for their comments and ~ : _~_ _~ ---~ -----~-- ~ - r- ... ,- ~ . - - -- ---~-- ~ / . ~ ---- . . __ _ . _ - - ~ -- . , _ _ , ~,_ __ - ._.. _.--. , .:.,. _ - •-- . - - -- - -- . . .. -- - -- - ~~- -------~------- --- ~ - - - - - T~ - - - _ . _ - _ , _ .____ . . -- - - _ _ _-- -- - ~~ -- ' ' 1~ ' What's Happening Report Page 2 February 1, 1980 , r, recommendations. Planning and Zoning has recommended that the Administration come up with some suitable names for appropriate changes in the street naming plan. TOPO STUDY It still appears that the drawings will become available by the end of February. Walker and Associates are doing the drawings and they are out of Seattle, l9ashington. I CAPIT~L IMPROVEMENTS PROJECTS --- ~ The Public t4orks Department has come up with some additions ~ to the City of Kenai's 1980 - 81 Capital Improvements Projects requests for State Grant Funding. We are very optimistic that .; at least some of these projects will be funded. ~ _ ,." MISCELLANEOUS ITEMS The Public I~orks Department has completed the specifications for the engine analyZer, electric door operators, quick coupler ~-~ for the loader, 300 amp diesel driven welder, 10-12 yard dumg truck, pavement saw, mobile asphalt recycler, pickup, and 30K~9 generator. The pickup is being bid with two basic bids, one for a mini pickup and one for a 1/2 ton. This is being done so that we will have the option of choosing whichever one we feel is in the best interest of the City of Kenai. iVe are still working on specifications for the oil pump for the oiler truck and for dewatering equipment and system. Public iYorks has been working with EPA, DEC, and CH2M Hill concerning the design of the new sewer treatment plant, interceptor line, and outfall. At the request of the Police Department, Public Works contacted the State Department of Transportation concerning the City of Kena3's request for maintenance on the Spur Hzghway through the City (it's different being on the complaining end of a conversation.) Tn the process of investigating the North Kenai Industrial Water Line, I had a few items clarified by DEC and DNR. First of all, the City does have the utilities preference right for water. The City of Kenai does have a water permit and no industry or company can ' tap the Beaver Creek Aquifier outside the City limits and deprive the City of Kenai of its water. The City limit boundaries really have nothing to do with the water rights and our permit prevents anyone from depleting our water source. ~ ~ ~ tVhat's Happenine Report Page 3 February 1, 1980 r The City Manager has sent a letter of explanation to Bill Quandt concerning his request for an assessment district. DEC does have SO percent grant money available for running water and sewer lines, but they do take a very close Yook on a case by case basis concerning running only a water line. After discussion with DEC, it looks very doubtful that they would approve running Bill Quaridt's water line without running an adjacent sewer line. Because the City cannot assess more than 25 percent of the value of the property and approvements, this project could be rather costly to the City of Kenai. The City of Kenai has been approached by the owners of the Len Mar Subdivisian also cancerning DEC SO percent grant money for water and sewer lines. Their proposal is to waiver the 25 percent assessment restriction. The City Attorney Ben Delahay was a party of the discussion with Len Mar Subdivision owners and their lawyers and is working with the City Manager on an Ordinance that would change our present Code allowing for such development by a private developer. J STREET CREW The Street Crew has been working on sanding, plowing, and scraping of streets and airport. They have also been stock piling sand in the iYarm Storage Building. SHOP CRE1~I The Shop Crew has been working on regular maintenance plus replacing parts on equipment. WATER AND SE~9ER CREN The Water and Sewer Crew has been reading water meters, collecLing water bills, working on generator for the Underground iVell House.and water and sewer equipment and checking weil houses and Iift stations. They have been checking fire hydrants and working on frozen ones. .KK/ jet ~ _ e .- / ~ T- -~ --r . - r ~~ t CITY OF KENAI .,G~:C G'a~~.f~il ~ ,Q~v~„ P. O. BOX 580 KENAI, ALASKA 49611 TELE?iWNE 183 • 7535 January 22, 1980 M-E-M-O-R-A-N-0-U-14 To: Kenai City Council From: Jim Swalley, Airport Operations Manager Sub~ect: Aircraft Accident on Approach to Kenai Airport The following is a brief surrmary of events concerning AAI Flight 101 that landed short of Kenai Airport the morning of January 22, 1979: (Three passengers and crew of two on board) 05:56 Kenai Flight Service lost radio contact, transmitted in the blind, negative contact. 06:01 (FSS logs - 06:06 Dispatch logs) Notified Kenai Oispatch of .-~ over-due aircraft. ~ 06:07 Dispatch natified Chief Ross~ At that time Chief Ross alerted Kenai Air for helicopter support and organited Snow Machine Patrol. State Troopers were notified by Oispatch. 06:30 State Trooper on scene at Dispatch section to assist coordination. 06:55 Kenai Air Helicopter airborne for SAa with trooper and Kenai Para-Medfc on board. EitA Helicopter (North Road) put on alert in case med-evac needed. 07:10 Snovr Machine Patrol (radio equipped) in place an Marathan Road, dispatched North at that time to assist SAR effort. 07:55 Downed aircraft located by helicopter, no in~uries reported. Snow Machine Patrol recalled. Released ERA from stand by. Kenai Air helicopter then transported passengers and crew to Kenai Airport. Kenai Airport information at time of incident: Weather - Ceiling 600 ft., 1/2 mile visibility, light snow and fog. Temperature 30 degrees/28°6 dew point. Winds 190/1, Altimeter 29.39. ~ All airport NavAids operational except the G]ide Slope, wh~ch was NOTAMed out January 20, 1980. Runway and taxiways had been cleared - the crew reported at 4:00 a.m. for snow removal. 1 _` . ' -~__ _ . _ .~'r.--~s.._.. . r_._..... . . ~ . .._ ~ . ~. ~.~ _:_ _~ / z- _ _ _ ,- -.f - ~ ~ . ,- -_- T~ ~ j r~• _ F! 1 / ~ . . ~~~'..t~ r (~ - ~- ~o -.~ ~.t!`-~~,r_~--------~---"~ " ~ f .-, ~.~~~?~" ~--~ ~ '~ _ ~~ ~ ~ ~ - / -' i~~,.,.~ ~~,~-~-~- ~ l -- ~ ~~~~° ; ~ • ' - -'"~"" ; -- ~~,~ ~ - : _ 0 ; , , ._ ,, ~ - - - ~,~ ~~ , `, ~, ; ~L ~ ~~ ~ ~--.o_ ~' ~ ~ ~ ~ ~ - " ~~ ~ ." .i ~~ ~ ,. , . .. . , . _. __ .r '.~.-. . .~ ~; . ~ ~_ - ~ _ y a C1TY OF KENAI _ _ ~ ,.a~ e~~ ~ ~~~„ P. O. WX 580 KENAI, AIASKA 99611 TEIEPMONE 483 • 7533 ~ February 5, 1980 TO: Couneil ~ `~ FRO:Vi: Vincent O'Reilly ~ /~, "~ "' Mayor ~i ,~ I COULD BE WKONG BUT A View of the Juneau Situation General: Admfnistration. Leglslators and others are groping for a solution as to what to do with the revenues sbove operating expenses. The State revenues are estimated at $3.5 Billion. Operating expenses are estimated at $1.2 Billion, leaving a net avaflable of $2.3 Billion. Some $900 bZillion will be transferred to the "Permanent Fund" leaving $1.4 Billfon for: Capital Improvement projects, further add-ons to programs or new programs, tax reduction/energy credit or sim3lar pay back methods. On Capital Improvement programs, the Governor has submitted a list totalling $160 Million. One administrative souree indicates the adminitration believes a figure of 12 0 of total revenues available should go to capital improvemonts ~ this works out to $420 Millfon. The 420 eeiling less the 160 submitted by f:~e Governor leaves $260 Million available for further capital improvement pru- jecta to be made up of further requests by the Governor or of an agreed upon list from the Legislators. The City should try both routes for its $10 to $15'Viillion of projects. The current Governor's Iist of Cupital Improvements for the Kenai Peninsula totals $22 b~iAion with no prrjects in the City of Kenai. The local Legislators are all aware of the City's list and are trying to determine their priority of projeets for all of their Districts. r} - _ -~- --- ~ - z- _ _ _ _ _ _ _ _ -`- -~ T .~ _ ~ _ _ ,- - -_- _-T _w~ / -2- TO: Council Pebruary 5, 1980 On-tioing Fundf~ While our attention is on the Capital Improvement Project Program, we must also not lose sight of on-going funding allocations from the 3tate to municipalities that continue year after year. Such items ss 3tate re- venue sharing; State pass through of a percentage of income taxes, etc. 1. State Itevenue Sharing - Mayors Conference presented to Legislative leaders and Governor, strong request for full funding. Presentlq at $18 Mfllion stiould be at $22 Aiillion and reslly should be at $26 Million when adjusted for inflation. 2. MuniMpal Assistance Fund - This is the substitute for the munici- ~ pal share of the Gross Business Tax . The municipalities received 40$ of the Business Tax revenues which amounted to $11-12 Million . The substitute, the Municipal Assistance Fund, provided for muni- eipaliHes to receive 10~ of the corporate tax revenues received bq the State which at that time atnounted to $ll Million - thus an equal trade was made. Corporate Income Tax revenues, due to risfng oiI prices, now amounts to $440 Million and the Mayors are requesting full fundingar $44 Million. The Citq received approximately $120 Thousand from the source, under full funding would receive $480 Thousand annuallq (equal to 4.8 mills) In addiHon, full funding of State education obligatfon for school con- struction was sought. This would reduce I{enai Borough school tax by .4 mill. Capital Improvement Program Harbor: State Surveq fund offer ($5,000) has been made to City asking for equal match. If tMs 3urvey is completed by April lst, a funding requeat to be included in either Governor's Capital list or Legislative 3pecial approp- riation will be made. In either case, the request wfll be for $50 Thousand of additional eng~ineering study funds and $3 to $10 Million of capitol construc- tion nioney depending upon results of State/City Surveq. The Corp, of Engineers is conducting a parallel study dealing more with cosst/ benefit ratio. If favorable, Citq would become eligible for up to $2 Million of construction funding or if further study is favorable. a larger project c~i;ld be ~uthorized but funding wou2d take 8 to 1Q years to be realized . ~~ ' 7 ~' - - a_... - ~..~. f.: .~,~ - • . -3- ~ ~ ~ ' ^ _ _ _r - r ~ -~ TO: Council February 5~ 1980 ~ _~_ ___~ .-~ _~__ In addition a small survey funded by the State agency, Aenewable Resourees, Inc . is under waq to determine whether it is feasible for private individual (R. Roper) to receive equity funding from Aenewable Resources and go the private enterprise route. Commercial Roads: Aepresentative Malone will be asking for $2 Million special appropriation to go to Local Roads & Trails. Of this $1 Million goes to Borough and $1 Million would go to Cities . Our Public ~Vorks Depsrtment will have (hopefully) following projects engineered ~ end ready to go Julq lst. ' 1. Frontage Street. fram Quick-SWp to Main St. _ 2. Bidarka 3t. ~ 3. Fidalgo Appears to total around $?50 Thousand to $1 Million. Airport Iraprovements: Not reslly started yet. We have sufYicient schematics and funding estimates for Terminal Renovation. Public Works developing schematics and funding requests for Float Piane Basin and BLM Fire Fighting Apron Area. ~ Civic/Convention Center and Recreation Commission Pro'ects: ~~ 1. CiMc Center: Committee is working with State consultant on accept- ~~ able plans, cost estimates and priority considering other projeets State wide. ' ~ At Mayors Conference, Sullivan of Anchorage detailed bill that will ~ be introduced. Provides for $150 Million of State funding to State ~= ~; ~ Department oY Commerce for Cultural and Sports Facflities. 3tate ' money available on a 85-151oca1 match basfs. Anchorage needs $40 °~ ~;~ ~ to $50 Million of such funding for Project 80's. IIill will probably f have support of 30+ Anchorage legislators. rj i. ' I indicated my personal strong support verbally and by letter prov- ~ • iding Anchorage and Kenai Cultural and Sports facilities projects ' ~ are on an equal priority. ,~ .: ; ,. ~ f~ ~ f Instead of only three local legislators, we would be riding with a -- ~ ~ group of 30, or a majority of botli houses. .., ~ ~~ ., . ~_ -,. ~ l , -T ~ _ _ _ _ r _ _ _ i_ ~- 'r r ~~ ~.... , . .~~.~. , . . ..r _ .. .__ _ ~ .-- --- -- - -- -- __ . -4- TO: Council February 5, 1980 .i ~ ; Future Action: 1. Couneil considers and hopefully accept State Harbor Study Grant offer. 2. Publie Works continue to work on - a) Materi8l necessarq for Terminal Renovation. Float Plane Basin, etid BLM facility . b) Sngineering and cost estimates of roads to be built this summer. 3. Continue to work with Civic Center Committee, follow and support 3ullivan's bill, pursue both routes of funding. 4. Reep Legislators' attention on On-Going Municipal Revenue sources - a) Revenue 3haring b) Municipal Asaistance Trend 5. Think, aet and stay cool. VOIt: jw , , - - _--~ - -.~ _. - - ,.,,4~ , .~ ~ E -'.i ~ - _ - _ r z.- - -- r - s~ A i"' ~ ~ ~ - ``5~-:-. . ~ ..~~;~ ~~ ~ ~ t + ~ . ~~ - - - - ~ -- --- -- -- -- -- _r e~- ~.., ~-,~ ~.. ~..,w _, ~ ~yv~ _~ _~r_ ~ -- a _..~-~ -~-~- _~ - ----.~ v ~-- - -- -- - -- - ~ ~ ~--~ ~ ~ -- -- - ~ ~' ~f• Q D- N~Ma~~ ~<.~~ -- -- - ------- ---t_`~"~--J~~-~ - - • - -- . ....._- ~ . ~._~%~,~.,~,_o~.__~.~.~.~t-~ _~zT"3y~Yy --Vw`! .,,/v-= ~- `=--.~~`°c~- 3 ~~~ x s ~ ----Y~ - _ , - _ . ~ -- -- -- ~Y~~ ,.~' f-~! -~.:J~~f"~"-.~ - -~~ ~-. . A /l ` ~ ~~~~~ ~~ r~~~ ~~ - f ~. _"._~/.~. __-~~~ ~~ i !~~i~~J / "~-+'7- • ----° '~' - -~ ~-- ~~'/~~~___"'"~ •- ~y . -- . . . - ~ _~.~ z~~~. . ` ; ~~~ ' ~. 3,.-- ---- ~ - -=-- ~! -~- -- -------- - - - - i ~ ~~ '~ J - - - ~ ~ ---F ~ s. _~~.L,. ~,~. " ' ' - - - n / ~~--~ ~ f _.__ ~~:_. - - - .i~ ' ~ ~-~~ ~ ^ --~~ U -~ . --- - . _ . ~ ~ _.,,,~~_f~fr- ~-~-~ ~ ~~ - --- - --- - _ __ - ~ i - --- - - ~`~ -- ~=- ~~~ ~~~~`~-~ -- -- -- ---- -- ~~ `'.~['._0._.c_,1~.. ---::-= ~ - -- ~ w~'O - -- - ~ , ~ -_j~ y",,,~~2._ -- - ----- - -'1~%^"" .~1~-l-__f:.~---- ------- i' . ~~ . ,r , -- - --- - ~ - - ~ - - - -- -- - -- -. - - - - - - - - - ------ -~--- -- ~+ :~ ----e- ~. ~t ~ ~ ~-- ~- ~~ CITY OF KENAI ., "l~~l G'Q~i~il o~ ,q~~„ R O. WX S!0 KENAI, AIASKA 99~i 1 ` TELE-NONE 4t9 • 7535 January 29, 1980 To: Kenai City Council From: Charles A. Brown, Fir~ance Director Sub3ect: Airport Electrical Generation For: February b, 1980 Council Meeting Yesterday and today I ta]ked with Dick Griffith of FAA concerning this pro~ect. He said that we are virtually assured of being offered the grant on this, but he cannot guarantee it. He says that we should be doing the engineering on this project now in order to be in a posYtion to do actual construction this surrmer. FAA s~es the timing of events as foliows: (.1) Engineering performed (2) Tentative allocation awarded by FAA ~ ~ (3) Cor+struction bids received 4) After dollars are known, City submits pro3ect appiication 5} Grant is offered by FAA (6) City awards canstruction contract . FAA is now preparing the tentative allocation for $404,985. My problem is obvious. If we incur engineering costs now, and then the grant is not offered by FAi1, we will not be reimbursed for these costs. However, if we don't do the engineering now, then we may not be able to get the 3ob finished this year. FAA has strongly urged us to begin the enqineering. They feel sure that this grant will be made since they, and we,.have put such a priorjty of this project. I called the FAA Auditor in the Inspector General's office in Seattle to attempt to qet more assurance that this is how these things are normally done. It turns out that this fs the usual way. The engineering costs are usual7y incurred prior Lo the grant offer, and these costs (known as project formulation costs) are grant eligible, assuming the grant is eventually offered. Construction costs cannot be . incurred prior to the grant offer. The auditar said that he has seen a few cases vthere the City got burned: the costs were incurred and the grant was not c-ffered. FAA in Alaska says this has never happened to them. I believe we should start the process and request proposals from engineers. Thus, I have asked public works and airport personnel to begin the necessary advertising. 1Je are taking a risk, but it is minimal, I believe. ~J ~G1 ~L ~ ~ ~ ,~ .~ t :~-` -r ~~ ,gt ~ , ~ '. CITY OF KENAI .,a~ e~~ ~ ~~~„ P. O. iOX SYO KENAI, AlI1fKA 99H 1 TKEVIIONE 483 • 7515 January 24, 1980 . i ~ ~ T0: Kenai City Council SUBJECT: Feasibiiity Study for Boat Harbor ; s . ~ The Harbor Commission at their regular meeting of January 22, 1980 ' ! ~ unanimously approve the following: I .. - Cortmissioner Ackerly moved to ask the City Council for $5,000 matching grant with the Department of Transportation and Public Facilities, Dfvision of Harbar Design and Construction for ~ ° feasibility and preliminary.engineering. 'Comnissioner Wagoner ~ seconded the motion. =~ . ~° ~ - ~ . . . ~ - ~ - _ .s , . _ s ;. ; .; ~ . . -r~~= -__ -~-- _. . r T r ~~ ' ~ ~'~ ' • r -~~ '~.~-~~~ "'~ ~ . -- -L --:.~.-_c. ~ - - - ~ :- _. / , ~. ~ ~ , , - -~- -_-~ I~li~IAI !'IiNI~SUI.,1 BOROUGl1 /,Qn ~ •r" RF.CUI.AR ASS}:MBLY biE~TING ~ ~ UL'Clil-1BGR 18, 2979; 7:30 P.Di. Y~.S~6iG BUROIIGIi Ap~tI~lI5TRATIOti $UILllING - I'. (1. ji(1X RSO ..•~ !~c~~~ ~; • . , '.:,, •, nn~,~,c~ ~, .~ . . . ~ I~JgC \O. .1. C:iLL 1'U UI:llIR .1;:U lil)LL C.~LL 1 C. ~'! ~ ~' ! t~'' 't; ~.I:i'r ~:~ '1. ~ ~. tii.~,r i...; ,~t xt:i; .~,s~:~t~i.l ~tL~ts.:~:~ i i7. .lG£:':8.1 :iPl'ROYAL 1 Approred ti. .1PPR^i'.1L (~!' ~:1::U'fES OF PRlil'I:~1J5 ~1f:F.TT':f 1 :ipy~rorcd as :Ol' I'C~ LCC~ F. 0{tUI~iA:1iCE IIL'ARtI~GS, UR OTfi~R PUBLIC ftL"ARINGS (a) Ord. 79-70 "An ~rdinance dppropriating .. ,000 ror- Federal Revenue Sharing ''und~ for rhe Purrose nf isaiatin~ the . . . i • .~ . • . . - ... . , . . (b) •~rci. ;9-;1 "F'rovic;in~ for the ~Legt~l:~tion ' o I.egal :dvertisinb" ~ Lnacted as amended (:1 Ord. "9-?S "2eznnin~~ +• c 6 a rc~_lo~ o, 5a~~t'1~k~ Su~iTc i~•ision, Cit~• of flomer, from l:esiden- tial (R) District io Commercial (C? i)isiric t" 7 Referred to Homer ~dcsy 4'C ~ (d) Ord. 79-76 ".~rtending the Borough Code of , r i~ cT nances Relating to the ~bstention from Voting By Assembly biembers" 8 Enacted as ~ amended G. CONSIDERATIOI~ OF RESOLUTIONS (a) Res. 79-158 "Requesting the Elevenih eg sL~ature to Appropriatc Funds to Up~rade and Pavc Certain ;~.oads itithin ' the }:enai I'cninsulu Boruu~ii" 10 .;dopted as :~c~~r.'.cc' ''it: <~! ,il:t',t.~~ to rh~ >:c: •:i !':•ninsal:~ Borou~h Fursuant tv thr Borou;h Sclection ~;~t" 1 ] Adopted (c) Res. "9-I70 "Auarding a Contract for the oroulTf~'icc Building Ground Floor Renovations (1979) Project" 11 Adopted (d) Res. 79•171 "Accepting the Praposal By rews, ac nnes and Hoffman to Prepare Contract Documents for the Removal and Replacement of the Seldovia School Swimwin,g Pool'• ~ 11 Adopted • . r (e) Res. 79-172 "Approving the Mayor's Deter- m nation t at Peninsula Savings and Loan Association Be Eligible to Be a Depository • ~. for Borough Investment Funds" 11 Adopted (f} Res. 79•173 "Declaring Legislative Intent o a es ax and Collection Provisfons Within the Borough" 12 Adopted • ! i ; ~ , . , ~ ~ r ~ ~; :I ,-~_- / --~- ~-~- -~- T- ~ - _. - ~ ~ -- ~ --- . ~ AGENDA FOR MINUTES OF DECF.MBER 18, 1979 Page no• (g) Res. 79-174 "Requesting the Eleventh Alaska eg s ature to Authorize Real Property Exemp- • tioa of ;50,000 for Residential Property Owned and Occupied by Residents of the Borough" 12 Tabled H. INTRODUCTION OF ORDINANCES (a) Ord. 79-65 '•Authorizing the Purchase of ertain roperty as a Site for the New Homer Blemeatary School and ~Saking Necessary Appropriations" 12 Failed w/Re- consideration I. FORMAL PRESBNTATIONS WITH PRIOR NOTICE (a) Red Smith, State, Borough, individual land rights 13 J. COA4~IITTEE REPORTS (a) Finance (:~IcCloud, Ilillc, Coopcr, Crahford, Corr. Dimmick) 13 (b) Lacal Affairs (Campbell, Davis, Sikorski. Pickarsk~•j {c) Public l~orks (~lrness, ambarian, Long) , 13 K. MAYOA'S REPOAT (a) Financial Report, November 1979 14 Ackaowledged L. SCHOOL CONSTRUCTION REPOItT (a) Letter, Supt. Pomeroy, and Revised List for ^ Soldotna High School ~ 14 approved / {b) School Fuiniture aad Equipment List for Redoubt Elementary and Homer fiigh (approved by the board 12-4-79) 14 Redoubt Appv Hamer not App ~ M. OTHER BUSINESS , (a) Change of asscmbly meeting dates: January 8 and January 22, 1980 15 Approved - PENDING LEGISLATIQN - (b) Ord. 79-75 "Exea~pting Purchases of Gasoline ~ an ome eating Oil from Borough Sales Tax" 15 Failed (c) Res. 79-166 "Authorizing an Amendment to the ontract with Harold tYirum ~ Associates to Provide for I~torc Rigorous Final Inspection ~ . of Lhe Soldotna tiigh School Project" 15 ~dopted as .\~endcd N. ASSEAtBLY AI~D ,+1~11'JR' S CUDI?•1E~T5 , (a) Mrs. Dimmick; property tax exemption/At1L 1G (b~ Pres. Elson; appreciation for cookics 16 (c) Dir. t~icCloud; request ordinance for Alt t$ 3 16 (d) Mr. Davis; objection to city rep. on PtV Com. 16 (e) Mr. Cooper; noiice of Recon. Ord. ?9-65 16 {f) Mr. Sikorski; noticc of lircon. cquipmcnt list lc~ ~ .~ (g) Atr. Arness; nppreciation for Ambarian lh .~ (h) Mr. Crawford; school board mecting rcport 16 ~ (i) ~ir. Nille; lin-it notice of Kecon. on equip. 16 • (j) Pres. Elson; Futurc ~ronticr's Confcrencc 1~ , 0. PUBLIC COI~AIENTS . P. INFORMATIONAL MATERIALS AND REPORTS • y Q. NOTICE OF NEXT MBETING AND ADJOURNMBNT • 17 +~_ ~,~,,,1 •. -- - ~ _ - , ~ ~ J ~ !~ ~ --- - .«~. - - - - - - - _ "- ' - - - - t,E:~n~ 1'I:NINSUI.,~ HURUUGH MIhUTES UF Tlll: RL'GULAR AS5IirffiLY 1dEETING I~I:('I:~iB1:R IS, 1979; 7:30 F.At. I.': .~'~ t;.'tl'•, f`~i" ~"f1~~X ltUI1.n1~G ti~ll.tt~tl \.1, .11..1St~,\ l. . .. . . ' .. ., . ~I. 'fhc rc~;iil:~r :i~.embl.• mectin~; of Deccnbcr 18, 1979 ti:as callcd to ordci• h.• i'res. i:lson at :il~rroxitnatcl~• 7:50 p.m. 1'i;l:til.`.i: 1<r•enhl~•mcnhrr~ \wh:+ri:in, .1rnc~s, .'uopcr, Corr, : ra~;i:~:•.', .'.lri~, ~~i:; .i:l.. 1 1<<~n, . i<:hcr. Itillc•, ~~..II"L1::. ... 7i~lILL~ ~'1~~::II'~~.t'~ .-I~.JT~~.t: .~t~1111U. .iSSt. b;~xlr.• anJ i~:lll:if;}1C3'~ :~LL)'. SJY1~~:~'~ ~'IAJIICC 1)1fCCL01' S~rion, Public hork~ f-ircctor 1l:ikcrt, Pianning Director ltiarins, Lnginccr Con~•ers, liorough Clcrk Brymer ~1;•;:~':'i .',`"^ i:\i::i,:P: .\sscr~bl~•t:rmUcrs Ca;~pbcli ~ Loi~~ LL:-11`U i.1:~L'i: .~ssct~ibly~nc,ubrr ~iartin B. PLEDGE OF ALLEGIANCE SFECIAL ITEM: Res. 79-175 "Com;nending Charles P. Koehler ./?T f!] ~~'1 ~ t: ~C!'\'~ C^S ~Tla r\*~TCScli1^ .tS5G:•ici:..::':`:liki: aP.\i:~~ ::ti~.Lil i'Jn .::iOPT:J:: Gi 2I:5. 79-175 .+:rJ Tf,~ RLS„L'JTIO,l' itiAS U~;.\IAtUUSLY' ADOPTtll. ... _... :..,. :: .... .1ti~::....,... ':...,...... D. AGf:~llA APP~20VaL The agenda was approved as submitted. • E. APPROYAL OF DiINUTES OF DECEI~IBER 4, I9~9 Mr~. Sikorski requested the Vote on the main motion, page 5, Item H(c) be included. Mr. 1-iartin stated ihere was no vote shown on the motion to divide the question made by Mr. Arness on the Furniture Lisi. The clerk advised she would check the record. . ~' - _. .. . ~-. _ . , .. . , ~~ •~-•~ , ~,, . ~ .. . .,.: .. _... _.~_ ~. S'.r Corr reported on ::es. 79-1's9, his na~ne was omitted fro~u thc ti•ote. Ife reported votino "Yes" but notcd this would noi change the vate. Clerk's Note: The minutes show the vote was unanimous. Pres. Elson stated the minutes stand approved as corrected. F. ORDINANCE HEARINGS, OR OTHER PUBLIC HEARINGS (a) Ord. 79-70 "An Ordinance Appropriating $20,000 rom e eral Revenue Sharing Funds for the Purpose of Assisting the Kenai Peninsula Converition ~ Bureau" • The ordinance was read by title only as copies were available for the public. Yublic hearing was declared open. Ms. Dick Stetler, member of the Convention Bureau Board, reported the 3lureau represents all the communities on the Peninsula and ~ ~ ~ , i ~ ~ _ ---~ T - _- _" ~ v -~ ~ f I• ' - "__ - - ~. -~. r:C - _ l KENAI PENINSULA BOROUGH ASSEMBLY REGUI,AR MEETING MINIJTES . DECEMBER 18, 1979 PAGE 2 ~ , ft is requesting 520,000 from Revenue Sharing funds to assist ~ with the tourism business. A part of this business is not being ~ promoted by other siate agencies in the convention business. Mr. Trwaan Knutson. Kalifonsky opposed the ordinance and . recommended the Revenue Sharing funds and federal regula.rions ~ be sent back to Washington. He resented his money and that of othe=s being used in this manner. As no one else wished to speak, public hearing was closed. ASSEMBLYMEMBBR McCLOUD MOVED FOR ENACTMENT OF 0}tD. 79-70. Mr. Fischer recommended the $20,000 be divided between the six ~ Chambers of Commerce in the borough and they in turn could contribute funds to the Convention Bureau if they so dcsired, ~ if not, the funds ~;ould still havc to be used to pro:.;otc tcuris,~. He favored broad base support for this type of expenditure. Mr. Stet2er ~on~entu~! •.he P.T~r;a+: is r.ot a~+~;aIir :i .. _ of t!~~.~ Chamber cf ;:rr..-.---_ ..._' .,. __...., .... ... :cr :i;: ._.. _:i: .:. . ..b ~ During the discussion~ A1r. Arness stated providing funding for the Bureau will be promoting tourism and helping the loral econoa~y without adding to municipal services, such as police - protection, education, etc. Local business, the municipalities, and the people will all benefiL. FOLLONTING FURTHER DISCUSSION, Q(JESTION 1VAS CALLED AND THE ' ORDINAI3CE ADOPTED BY A VOTE OF 91.5 "YES" TO 36 "NO"; Dimmick, Fischer, Dtartin and Sikorski voting negatively. -~ ~ (b) Ord. 79-71 "Providing for the Regulation of ega vertising". - The ordinance was read by title only as copies were available for the public. Public Hearing was declared open and the following persons spoke: . ~Ir. Clint Yo+~r~ ~-n.•nr*n~? jl•, __ ••n 'pnt.n; ~FFlI7~Ln,7 .~. .,n, ~ R°:iSt?,:i•_. . . _ . _ _... . .. . . .. . . .. . ~ . . ~ . ` news coverage ior tlie cost to the Laapayer. !le opposeu thc ~ ordinance for these reasons: (1) It will increase the cost to ! ' the taxpayer without any balancing advantages. (Z) There is a , eertain criteria advertisers use which is to get ihe message to , the largest number. of people for the least cost. This ordinance ~ ignores that criteria. (3) It does not eliminate the waste ,-, "~ of duplicate advertising, but further promotes it. (4) It `` I is blatantly discriminatory in that it excludes any newspapers f ~! of free circulation from participating. i t~ ~ ~ • Mr. Pat Lowry, representativc of the Constitutional Taxrnycr's ' , • rr, is~i ~t i~~it. . - _ . . . . : . . . r I ..ri; i: i~~ic~ ii~ . : . • ;i ......;~ ....t ~ .... . :hut .... .. .. . i ~ '`; tio~i is placed under the search light oi t3ie Constituiiun prior ~ ~ to enactment. Fie reported the ordinance clearly violates the ° ! consitutional guarantees. The organization feels thxt all ___T_ ! advertising should go the lowest bidder for a specified period ~ i` of time regardless of wliether it is a free circulation or a paid - . '~ , subscription papcr. _ ~ •~ -'- j -~~ . As no one else wisheJ to be~heard public hearing was closed. : ~ ~ i ! ~ A55EDiBLYM~DtBEIi DIDC,IICA MUVL'U C•UR L'NACTME,~T OF Uitll. ;9-71 ANU ~ i THEN ~SOVfiD TO AMEND THE ORDINANCE BY ADDING Tttli FOLLOi9INC AS ~ ~ ' . . ' I . I - Z - . , ,~; ,, =:~ . ~ ~~ , . . . ~ ~ _' t ~ .a , - ~ ~; ~ G ~ • j .' ~ ~ ( i'_ : t • ~ ~~ ' ~~ -_~~~' ~._~ ~ .A6L..~ ~ ~ ~ ,~ ~ _ .~ /~ .i. r KI:NAI PI's~11NS[iLA IiUROUGIi ASSI:DIBLY R1iGULAR D1L'IiTING DtINUTES UI:CGD!!il'sK 18, 1979 I'AGC 3 T}If: LAS'I' "1VflI:RI:AS" CLAUSE: "lilll:Rl.\ti, ilic asscmbly finds th~t the Sc~on1 (:lass mailitig rr~iilations of thc ll. 5. P~st~l ti~rcicc im~~osc accou~iting ..... , , . .. ... .; - ... . ,... . mits, :u~d thr asscnibly turtl~cr linJs that thcsc postal rctulations efCc~tuatc tl~c objecti~•es and iutent of thc as~cmbl~• h~• proviJinh an au.iit tr:iil an.i an effectivc inc:uis of assuring timcly publication of lc~al noticcs," . .. ;. . . ~ . , .. '. '~ ' , .. '" , ! , , - ,.~ ~. • ..!'. i .`. I : . '. ' . .. ...il't t~'. i.t: Llll .1~7>i.~1111U;,, ii'i~ .. ~lt 1~ i~l~' J~s!icl~ ~~. .~ neuspapcr anJ this ~.ould bc n~onilict oi intcrr~t. :SSIrIfiL)"'?r~IB1:K ~)I'•i:i1C1~ atUCL:il TC .1:•:3:Xll SECTIi;': 1, !'.1I:.t(~.",.1Ct1 :l, BY DFLETI\G TIIL PI:RIOD N~iU :IDDIXG T1iE CI.AUSL': ".. duly author- i=c1 i:: :ic~.or~~::n~~• Witl~ h~i•.~iiyh ~;irchasi~ig proccuarc~." TH~ /UfEI~Dr1E~IT PASSED BY T}i~ S~iE ~'OTE AS TllF: PREVIOUS N•SEtiD,+fENT. ASSEDSBLl'rtEA1BER DI~AIICK biOVED TO M1E~D ITEM C, LINE 2 BY DELETING (1) A.~D LI\E 3 DELETI~G "and (Z) newspapers" .~\D ADDING IN LIELf Ttjr-nt(~r Tlit' !''^a!~ "O1'" . .. , .. . ...... ......... ~...., . . ..., ,. ,.... ...... , ._ .. .. _ ...._.. . .... ......,. ASSEAf3L1'l:E~IBLR Ui:~;:;ICK rfOYEil TO :1:•l~:til ITEA1 D B2' ~ELLTIAG 1~fiL :i^?tl` "lc~al" !.';'~ "o~ statc~:idc or natfional ~::nificance" A::D _'... •' _:1•.. ~ .. .,, . '.. . .. ~ ......... ~iOUL'J ,^.L:lll: "uther a~~~ertising publisi:ed outside the Borough :tiil'. hc pub2ished ir. the approrriat: ncl;spap~r5 :~~ detcrr.~ined ~}• Lhc ~Sayol'." THIS MlENDDiEI-T ALSO PASSED BY THE SA:IL VOTE aS TIiE PREVIOUS AASEVAd1ENTS. ASSFbiBLYAlEM$ER COOPER DtOVED TO AASEND SECTION B. LINE 2 BY DELETING "each" AND CIW,vGI1CG THE ti40RD TO "a". LI:~E 3 FOLL0~9ING THE ~40RD "weekly" AME:iD "and" TO RE.aD "or", LI,L'E 3 FOLLOSVING TIIE 1ti0RD "ne~:spaper" aDD "of general circulation", LIyE 6 r1ND 9 D~LLTfi "rach" fi::D .~.~tl:\D TU "a" :\::D FOLLO::I:•:i: THI: tt'URD "newspaper" AJD "of general circulaiion". ~.C Si, •l~..l. . . ~~.. ~ l .~`:. ...~ ~:~~.tc I..~ I.,- .`. ~• .. ... .. .`!.. .. .... ,.. ... ~ : ! 1 ~ ~... ~XJ R~AU :1 LLtiG'PHl' PaGL• OF :~11::J:IL=~ I5 ~i:~ICI: i(i`•i?:.::.I:.EilLItUULD ;LLOi: P0:2 :~J1rL~'t15I`:G TO 13Ii .1~i:,:::)L'J T:) 'I'1:: ':L;,;':; '~'~iZ SUIi'•II7"tl;:(~ 1~iL LOI~EST $IJ .lS~ FUiiTIIL'R ItiOULL ~I:rl`:c ~~ :~::~:5i';~'r•~!: .ICCUItllI:iG TO $LACK'S LAY~ llICTIONARY. Dtr. Davis supported the amendment and expressed surprise that Dirs. Dimmick would sponsor an ordinance which would limit freedom of choice. r1r. Fischer's amendment allows this freedom of chaice to reach the people with the lowest possible bid price. QUESTION WAS CALLED ON AtR. FISCFiER'S AUfENDME~T AND THE MOTION ti~AS DEFBATED BY A YOTE OF 47 "YES" to 71.5 "NO"; 9"ABSTAINING". VOTE WAS AS FOLLOWS: . YES: Corr, Davis, Fischer, Pickarsky, Sikorski N0: ~~ Ambarian, Arness, Cooper, Crawford, Dimraick~ Elson, • Hille, McCloud ABSTAINING: Martia -3- r~ - i i 1 i, ~~.,; wc~~ni lGAl1pDULA avnvuun tw~rr~ni.i ~uuLAK DlCCi 11Y4 Ml1YU"1'L'S - DBCEMBElt 18, 1979 PAGE 3 . ` ASSEMBLYMEMBER DAVIS MOVED TO TABLE ORD. 79-71 AND THE MOTION FAILED BY THE SAME VOTE AS THE PREVIOUS MOTION (47 "Yes", 71.5 "No") ~ ASSEMBLYMEMBER DAVIS MOVED TO REFER THE ORDINANCE TO THE LOCAL AFFAIRS COAAtITTEE AND THE MOTION FAILED BYA27 "Yes" to 91.5 No VOTB: YBS: Davis, Fischer, Sikorski • N0: Ambarian, Arness, Cooper, Corr, Crawford. Dimmick, Elson, Hille, McCloud, Pickarsky ABSENT: Martin QUESTION WAS CALLED ON ORDINANCE 79-71 AS AMENDED ANU THE ROLL CALL INDICATES VOTIIvG OF 71.5 "YES", 47 "YO", 9"ABSEItiT". YES: Ambarian~ Arness, Cooper, Crawford, Dimmicic, Iiil ;e, McCloud, Elson 2i0: Corr, Davis, Fischer, Pickarsky, Sikorski ABSEiJT: Afartin ~rcr !: . . . ._.._ _.:c .~~_ ..... :.. '.:. ' , .. '.;_', _ . . "ABSTAI X i::G" . Parliamentarian Cooper reported when a person is allowc~I to abstain for reason, his weighted vote count cannot be used to determine the passage or failure b6cause with the abstention the total vote to which the assembly is entitled is not possible; the total ~ vote would be reduced in this particular case to 135. ~ Atty. Sarisky verified the vote is by those qualified to vote and an abstention does reduce the votes, so in this case there ~ would be a different majority which would be 67.5+ rather than ~ 72.01+. Mr. Fischer stated there was no abstention recorded as 'ir. `•fartin was out of the room. ASSEMBLYPlEA1BER DAVIS ASKED FOR RECONSIVERaTION AT THE YEXT ' REGULAR rfEETI~G. ASSEaiBLYAIENBER r1R\I:SS aSI~Ell FOR TAPIIiDIaTE i:i:CO`SIUEi:A'1'IG,~ Gl ORD. 79-71. QIIESTION WAS CALLBD ON THB RECONSIDERATION AS REQllESTED BY DIIt. ARNESS. THE ROLL CALL INDICATES 7I.5 "YES" TO 56 "NO" AS ' ~ FOLLOl1'S : ' ~ ~ YES: Ambarian, Arness, Cooper, Crawford, Dimmick, Elson, ~ . ; Hille, DtcCloud `-~-'~ ~ ~ . v0: Corr, Davis, Fischer, Afartin, Fickarsky, Sikorski Pres. Clson ~icrlare~ thc rcconsi.ici•:itir:~ motion f.~ilr~i. Alr. Sikorski asked if the Immedi~te Reconsideration t~ok ~rc- cedenc~ over the :~otice of Reconsiderution requested for the ~^ next meeting. ~?- Dtr. Cooper stated a motion to reconsider can be made by either side and requires a majority vote. ~1 Notice of lteconsiderutiun 1 ~.~ at a subsequent meeting would only hold if this body did not ?i~: ~ 'J questian it. If there is a question of someone wanting to , reconsider at thc next mceting, it Jocs not t~ruhih:: thc rr~on- ' ~ sideration at this time. The motion to rcconsidcr the samc quss~ion, cannoL be reconsidered a second time. - 4 - . ~-~.- -- ~ ~_~ :~ ~. , ,~ . ~ 1 T Y~ ~ • K1:Nqi PIiNINSIit.A Rc1l20UGil ASSIi~1BLY RIiGULAR M~L•TING btINUTES Itf:Cli~lAl:li 18, 1979 I'AGE S Pres. El~on asked Atty. Sarisky for clarification on the previous vote wliich was 71.5 "2'I:5" TU 56 "NU", bfartin voting "No". n Dtr. tiaricl.y .t:~teJ thcre shoulJ bc a clarification uf ~tr. ~tartin's position :is this is all ihe s;imr subje~t matter and he has abst:~i~i~~ from voting on ccrtnin amendments, he ti.as thcn absent :ind noi: hc has ~•oted "tio" on reconsidcration. Tlie Chair should gct .~ ,Ictcrmin.it ion uC ~lr. ?I:~rtin's position. ~ir. U:~cis a,kca if F'res. l:lson ~;:is :egrccing ~;ith thc position r.~l.. . :,, • ,,~~i „ . ..•i .. i-._ ...... .i: r_. . .._.....i~~~~ .. . - n . +. •-.. . . .._ i . .. ... _.. ~ I)t~ I':•a:.: J~lt ~: ~~I'~l'1' :1I1~1 .Iilti.lll~ L~l~ ~l`C153U11 l~l t~]l` -~ISIt'.• Hc pointcJ uiit hc had been ra~o~nized b}~ the chair, raadc thc motion for reconsileration an1 cannot be preerapted. Ir. 0:•.3~r io cl:+rifv thc rr.atter `•tr. Coopcr rcad fror: ',tason's ~:.~lifl''.i, ~::L10:? ih: b'I:iC~I ~:.iic~ .:I:C2'.lll)'~ J TlOL10T: LO TiiG11- sider may be brought up for consideration whenever the subject to which the motion relates may be considered. This is usually when new main motions may be considered. Sometimes motions to reconsider are treated as unfinished business and cansidered in that order of business." FIe stated the motion referred to ?tr. ~a~•is ::ithdrew liis objection and stated he could not inagine the assenbly continuing to use ~lason's rules. . :'r~s. ...~~;~ statcu. :;tt;•. ~.~i i~k•, h:~cl :n~fi~atcu ti-rre is a question as to ~hether A1r. ~lartin would be able to abstain ~ from roting on the actual ordinance and the reconsideration ~ of the ordinance. It was her understanding he had indicated the Chair would make ihat ruling. Pres. Eison asked Alr. Diartin if he felt he had a right to vote on the reconsideraLion motion. Dir. Martin replied that any time a reconsideration comes up a member should have the right to vote as the motion to reconsider is not a conflict of interest. !'res. rlson stateu the reconsicieratian of the ordinanee upon itihich ::r. 'iurtir. has been abstaining should be considered a :onfli:~'. . . _ . . . . .. .- .. .. _ _ ... . .. . ~~,. . ,,:is ;c:. . . ~.. c- ~': the ho~sc, i.nct:,~:- ti::itten or not, and thcse ha-~c becn'used as thc :.:;epted pra:ti:e ;ar scrcral ~•cars, tha: becomes the rule. 1!r St:,iru Lhe a~s~vaLl; ;,as ne~•er a~kcu for an iu~iac~iiate reconsi- deraiion after a notice of reconsideration has been given. Following a S minute recess, Pres. Elson stated Ord. 79-71 is before the body for a vote. Mr. Dtartin stated he wanted to state objection in the record to both the attorney's ruling and the conduct of the assembly. If the asserably cannot win one way, he stated, it will try another way. - I ( ~7 i l ~!~?' . Pres. Elson commented that if Mr. Mariin wishes to talk about playing games, she wished to remind him that there were several .~ motions made, such as the one to table and to refer to committee and each of these motions failed. Pres. Elson ruled that Mr. Martin's vote will be cast as an abstention on Lhis ordinance and . TFfE RECONSIDERATION MOTION PASSED BY A VOTE OF 71.5 "YES"; 41 "NO", 9 ABSTAINING. . ..~.ivs•~ -.: . . • S - i i i i ~ l~ " ~.r ~i~- i~~ 7~ ~ ~_____ _ _ --- ~. ---~ --- - _ _ _ r ~.. ~ _~. ~ ~~ a ., - ~ ~. - . '"1 ~ ~ KENAI PENINSULA BOROUCH ASSEMBLY REGULAR MEETINC MINUTES DECEMBER 18. 1979 PAGF. b Mr. Martin objected and requested a reason for the ruling. He reported he does not have a Second Class Permit, therefore~ voting for or against this amendment would not change his status one way or the other with the advertising, etc. If, however, the ordinance states iL is general circulation and amends it to that benefit then he would be in confiict. He declared he is not in conflict when he is not subject to the ordinance. Pres. Elson reported the motion before the body is Ord. 79-7I as amended. THE VOTE WAS 71.5 "YES", 56 "NO", AS FOLLOWS: YES: Ambarian, Arness, Cooper, Crawford, Dima~ick, Elson~ Hille. i~lcCloud N0: Corr, Davis, Fischer, biariin, Pickarsky, Sikorski Pres. Blson requested the Clerk sho~r ,lr. :•[ariin as :,bstaining. T!IE ~'0':.. tiC;JL^ ....... `,?°L..' ~ ". .: "1'~S' " '.. ; , _ ' ....... ..:...... :.::~~ ..... .'.:::.... . . _ ....':.. _ _.. . MR. l~WRTIN OBJECTED .i~`.D C}iaLLE~iGED THE E:~TIRE PRUCED(iRES OF THE ASSEI~IBLY. ' Mr. Fischer rose to a point of order stating he did not believe the assembly should ever tell a member that his vote does not count. Mr. Cooper requested the attorney read that portion of Title 29 which relates to ConflicL of Interest. Mr. Sarisky read AS 29.23.060(d) "A majority of the membership suihorized by Iaw consitutes.a quorum. In the absence of a quorum, any number less than a quorum may recess or adjourn the meeting to a latcr date. .actions of the asscr.ibl~• :~rc a3optcu b~• a majority of the votes authorized on the question. All assembly- men present shall vote unless Lhe assembly for special reasons permits a member to abstain, except no assemblyman may vote on a questio~i in ~.hicr ?~c ?• .. . ~,; ;r ..:r .. -c~:* or i .:i '. ., . _ ~: intcr~~t ' ar..i .i ':._., -- '~o:...ic' . :t~rrs:_ ::..~:~ ..._ rule and general law municipality shall adopt a conflict of~ interest ordinance which, other provisions of this chapter not withsLanding, includes provision that an officer or employee shall disqualify himself from participating in any official action in ~rliich hc ~as :i sc'.<tarti:.l fi: anci..1 i:~_:est." Mr. Sarisky siated he read this last section to indicate the conflict of inierest applies to borough officers and employees, as well as the assembly. ' In order to further clarifv Section 555, ~•tr. Cooprr rc~parteJ th:it :::. . ,. . .. ~. . . . .. .. '~~~r.~~ ..... ..... .. .. i•.. ~ . .. _ . . .i~•j+.ic•t:~~•:i: ii.....: . ... . . . . . . . . ,'.. .:. ..:: _... mcmbers ~rc nut uliiccrs or~`e-npio~•crs. ~ Mr. Diartin asked what conflict he has in the issue since he does not have a Second Class mail permit. Pres. Elson reported 1-tr. Dtartin has already laid Lhc groui-d ~ work by the fact that he has abstained from voting throughout ~ amendment of the ordinance. . . PI2ES. ELSOh 1iULL•i1 TII.lT TIIL t~ IXr~I. l"~'1'L II.\~ Gi:l:~ "1'.1h1:~ AN:) 'I'lili ORDINANC~ IS ENACTL'll. - 6 - ' . -- ~ ;, . ~ ~ " - ~ ~ , ~ ~ _t ~ •t ~'. . ~~ .t ,.~j r ~ ;. ~ ~. ,- : ~ ' ~ i, '_ + ~ 'f ' ~ T_ _ _~ r ~s ' t~1:NA( i'1:!~INti11L:1 BURUUGIi ASSI:r1BLY RI:c;ULAR r1L'!:'1'IN(~ ~11NU7'l:S } • I-1:(:I:D1B1:12 18, 1979 }~pt~l: 7 Mr. Fiartin requested as a point of information, wh~• ~ir. Arness w:~s alloMed to vote on Urd. 79-70 which is an in~lirect conflict '~ :is his i;ife is getiing paid from thc $~0,000 appropriatcd. !ie qucsi iouc~l i:13~• thc Cliair allo~~cd him to votc. ~tr. :lrncsc .tatcd thc Ken:ii Chambcr of Commcrcc funds about SI2,000 to thc Concentian Burcau, $20,000 comes from gencral husiness. $:",ppp from thc ctatc. Thc monev ~ir•. .lrness makes :is !i:iri:~;;cr of thc i~cn.ii 4hamb.r o£ Commcrcc~ is "pc:inuts" compared io his tot:il incumc. 1'hre is iio kay this could hc con,trucJ to . = ~~ .*. •it i..l ~ii:.r. ~ i . i~:.,•r•. . :i. '::r• .. i•r,.~rtr.'. ihat :i ti~r .i:.~~~i!~i~~ is ;;oi;:; .: Ji;.uss substan:ial intcrrst thc ~~,000 hc rc~ri~-ed this ~•~ar ior legal advcrticin~ from thc borou~;h aocs not romrarc to thc 51~~3,000 gross of his ne~~rspaper and is therefore not substantial. He bclici•c:l the Chair i~ ust~rl~in~ its pokcrs. Airs. Elson stated ~1r. ~fartin has set his own course by abstaining and it is only right that he abstain throughout the issue. Dfr. Fischer asked the Attorney if it were not possible through the amending process Lhat there could be one or t~;o amendments ..'ty. ::ir:sti.- rcr.~.~rke~ tn.,t -.~tiiout an}• ~l~.ciii~s r~ could not ~nswer the question other tha^ to st:ite it is possiblc. In the context of this question, t,hen.~fr. Aiariin votes against the second class ner-spaper he has an interest. ~ r ,r~ ^n 1 ••',,_ -~^. . r•+;-. i .. , r . .. ~ . ..:'. : 1^.: L1~~' t~. i:)'..t':'~ .:U: .._Sl...l::i... (R) District to Commercial (C),District" The ordinance was read by title on2y as copies were available to the public. Public hearing was declared open. Mrs. Diarilyn Breakfield, Homer, representing 10 progerty owners and including S homes which are valued 5100,000 or ~nore in the proposed rezoning area. The people in the area do not object to Iight commercial rather than hea~•y comr~ercial. fhere is no ~,bjer.tion to retail stores or. thcse propcrtics. ::r~. Ereakfield read letter~ from Don and ••!ar~• .1nn !'~I1 an~; :':~t~~• "'c~~in< <~lso ~ - • ~ - :~• . ~ . . ~ . . , . .... , ... .. ._.tcr: i~. _;,r... . . . . . : . .. ... ^ri _in.a re:.onin~; i;as reyucstcu by ::r. ~onald Stroble and co~'ered 8 lots, notf it seem~ the rezoning arca has increased to corer many lots. rlr. iiaring explained thcre wcrc 3 individual requests by differ- ent property owners in the area. The individual zoning requests were tabled by the Borough Planning Commission in conjunction with the Fiomer Advisory Planning Commission. Homer's Commis- sion instituted an overall rezoning request. birs. Breakfield reported that she and her husband own Lot 138 and they have not requested rezoning, therefore the ordinance is in- correct. •- A Memo from the Clerk reported Mr. and Mrs. John Symens had . intended to be present, bui because of Mr. Syner's hospitali- zation, were unable to attend. They favor the rezoning of ~~ Lots 119, 120, 147 and 148 which they ovm. Mr. Nick Gangl, Homer, pointed out that Homer does not lack far commercial zoning, it has a larger commercial zone than a city - 7 - t ~ ~ ,_--. _ --.~- i 1 s _ _ ~ ~ -.T F ~ _~ . _ . ~~ KENAI PENINSULA BOROUGH ASSEMBLY REGULAR DtEETING AtINUTES BECE.'•SEEr 2E. 19?4 PA~E 8 much larger in toial land mass and has time and again rejected ~ other requests for commercial zoning because of this. He reminded the assembly of Homer's comprehensive plan whereby one of the components is the protection of property values. The people in the area are willing to compromise to allow for limited com- ' mercial and this is more than fair. He opposed rezoning to heavy commercial. Bob Breakfield, Homer, commented that to his knowledge Mr. Symens does not own the property referred to, but is only paying rent. These Iots are where the trailers are parked that are presently in violation of the Homer City ordinance. Gene DfcBride, East Road~ Homer, reported there are nice homes in the area and he would hate to see heavy industrial aoning in that location. As no one else wished to be heard, public hearing was closed. I '.~SE`i$I...:~_`:~::. ~i1.,:`~::r ,r..'i:J ..~ --...'.:": ~"~.._. --'+ .. "::.._. :':..~1 ~ •. :.!' . . .~. t'.Ji.......... . ._ . ..... .... ._.. ... . . ... . ...... ~ „ l~i::IS~IC.. . , .. ._. 1;i ni; ,i ...... :....: .:~... ..: ...~......._ :...., ...:i . ~ F.aCTOR2' T~J T(ifi Y~U?LE I,\ flU~ILR. . ~ ~ .../ - 8 - i T _ __ ~~ ~ ~ i 1 1 Speaking to the motion, he stated documentation in the packet shows that one person favored the rezoning, five were againsi. Iie wondered when the people running government were going to become responsive Lo what the people are saying. Mr. Cooper reported the Symen's do own the property. Noihing has been said about the industrial zoning for the area; this zoning is on the Spit, not in town. The numbers of people who are requesting the rezoning are presumed to favor it. tYhether you count each parcel as one.vote "yes" or •'no" or whether you count each person involved would be a decision the assembly should consider. ile reported the Homer :ldvisory Planning Commission has reconnende.l the :•e:onii~;. ; t has bcen s.nt ~ack to them twice and Lhe decision has been reaffirmed both times. The residential area referred to is not quite as extensive as one might believe. Some of the people voicing objection have requcst~.i , _~t ~orinti to _, . .. :al ir. ;!: :~r=•. ..;~.'. . . .:;;, turned ,OL~II. .tY. .:1R~1 1: ~~I'..~ lIl . ..~ilfi~ i:li ....... . (.OI~i:I1SS10I1 }1:15 turneu aOtYIl TcaUC3i5 iUT' re_.;nins :Jt:![.ti!'~l:il ht1Ct1 it was spot zoning. The property he is building on was re:oned from residential to commercial because it was an enlargement of a commercial area. The problem the people who are requesting the rezoning are faced with is that the commercial properiy along Ocean Dr. is so shallo~. that in order to do anvthing ti~rith it, they should have the lots bciiind so there is abilit~• to provide parking. The trailers referred to in public hearing comply with the present parkiiib ordinance. ~111 the people requesting the rezoning were told that the City did not want to do this on a picccmcal b:isi~, ~~~ thc rczonin~s ~cci•c combined ;-nJ the Citr ti~oul.l not mal.r :~ r::ui.e,:~•na:~Tioii 1'rr .i :ii.in;::• iciiicli ~:ould be cuntrar~• to thc l~rup.~sr.~ curq>rrl~ru~irc I~l.iu. il.~ ur,;rJ defeat of the motion and enactment of the orc:ina~ice. FOLLOIYING FURTIlER UISCUSSIUa\, QUESTI~~ titiAS CALLEI~ :1Xll 'fltE ~IU'1'[U~ FASSED BY A VOT~ OF 74 "TES" TO 53.5 "\U"; ~\rnes~. ~:ooper, c:rawford, I:isan. ftillr anJ )I:Clou~l ~•otir.~_ "':r". (1) Urd. 'J-;b ''.1mrn.lici~ :iic furou~;h ~:u.lc ui r inances Relating to abstention from 1'oting by Assembly >irr-hcr." The Ordinance was read by title only as copies were availsble for the public. Public hearing was declared open. ~ r _ _' , `~ , _ _ _ _~s~ ``11 I { , - .. _. ,:._~ ~ AI:ti,11 1'Ii~l1~tiUI.A l3UliUUt~t1 Atitil:~i}il.l' i:l:l~UI.f112 Dtlif:7'INt~ DIINUTIiS . ~ ilht:l:MkFR 18 ~ 1979 !',1t~~ 9 ~tr. .John Foa. Soldotna, rcported tliis is an excellent opportunity fur thc a.scmhly to grt its hau~c in ordcr. Thcrc aro 3 mcmbcrs ^ Mho arc Jirc~tly or inJirr.:t 1~• rriplo~•cJ by Lhr School llistrict. "I'hesc 3 pcoplc neccr abstain irum ~~otinb on thc school district • hudget. Iic hc1J c:-.ch of thesr ~;cntlr~ncn rc~ponsiblc for ~•iola- tion of basic moral gui~lelines in a~ldition to the st:~te conflict of interest law. }Ie urged the assembl~• to consider tliis ~onflict in if~ ~l~l ihrr:~t innc. .1Stili~1BL1~if:?IBIiR Al:~li55 h101'L'J I~Jh LX:141?~Il\"1' JI~ Ul:l). 79-i6 :1`J 'liiL:~ ~IOCI:1) Tc) PUSTPOXIi TIII: OIiDIX:1~CL lI~T1L J.\VU:1R1' S IiL'C:1USG OF TItE .. ... .. . ., 1'ii!: !:,`If':. `i `'1't,r: ?' i:. , ~~ !?1 ~ 1~~`1'i ~~i ~ n~•~:<~~ •~•i~ i....~' ... , ..I'f.._. \'C:1:, ~:i: . ,1SS}:~iS1.Y`•iL~iHl:fi :l?!A,\i2I.1X ?iU\'~il 1~~ .:rc\1) SfiI:TIJX 2.08.060(s) ~'f11 LI\1: FOLLOItiI':G Ttll lyORAS "has a" 51' aUDIXf TIIL FULLOIiS~G. TO COS~iPLETE TIiE SENTL\CE: "substantial direct or indirect financial ir.tcrest ." MOTION PASSED BY A UNANIbSOUS VOTE. ASSE~iBL1'AfEAfBER DAYIS AfOVED TO DELETE 2.08.040 (B) AND ADD A rEtV B TO READ: "In accordance with AS 29.23.540 of Lhe A2aska Stnt~ttes a schoc+l district emplo.•ee may not be denied the right . . ,.. . . . . _ , deemed~to constitute a conilict of interest, or a uii•ect~iin.~n- cial interest in the school district budget and such employee shall be required to abstain from voting on such budget. In ._.. :.. ... ::r;~~: :~unicip~l o:f:~iai t~ho~e ~pousc is enployed by the scnool district shall also be required to abstain fram ~~ voting on the school district budget." A~D FllRT1iER AfOVED TO • --~ ~tfiND THE TITLE BY CHANGTNG THE PERIOD TO A COPS~IA AhD ADDI~G ._J "11~D CONFLICT OF INTEREST'•. TtiIS ,~.~fE.iD2IbrT TO BE VOTkD 0\ IF THE A;~fENDI~tENT TO SECTION B PASSES. Pres. Elson ruled that Atessrs. Ambarian and Corr abstain from ~ voting on the amendment which relates to the school district , employees and their spouses. This abstention will be on the amendment only. , nUESTIO\ ItiAS CALLEA 0\ THE A~IE::~:•fEXT IiHIC1i FaILE•ll BY A I~OTE OF ~1 "YES" TO b6.84 "::0"; Arness, Fischer, Elson, llille~ :~Iartin, - ~':~'lo•~~~ ;i71 ,'ic?-~rKi.~- ~~otin~~ ne~atirelv; :lnharian and Corr (19.66) ~ ' . .. : . ~- ~ ~ •-~. -, . -~. _- , . . _~~•. . ....:.. .... ..... ... . . ..:. .. .. .• :.. _ . .. , . .... • ~::.5:.:,: P:1R.lG3iAPil..B.•a::U~~lU11I::i; TIIi: S.L~i :L'i~:.:J':i.:!' '!'iL'+T :•1:.. ~D~~~"IS {i.1D ~ AS SECTIO~ Ii. L-XCEFT SH~ WIS11L•~ T'~ JELI:TE TH~ Lf~ST SL\TE\C~ lifIICH W1KES l2ErIiItENCE TO AIi ELECTE:1 hN\ICIYAL~OFrICIaL'S SYOUSE. ~ FOLL019ING DISCUSSION, QUESTION IiAS CALLED A.`~7 Tff~ Ai0TI0` FAILED ~ BY A VOTE OF 46 "YES" TO 81.5 ":~0"; Cooper, Davis, Dimmick,. Fischer and Sikorski voting "ies". ~ ASSEAtBLYD1EAiBER DIA4~IICK MOVED TO RETAIN THE PRESENT SECTION B ' AND ADD C WHICH WILL READ SIIBSTMiTIALLY AS IT DID BEFORE. j i ASSEMBLYASEMB~R PICKARSKY MOVED TO AMEND THE AMENDDIENT BY DELHTING ~ SECTIONS B AND C; LEAVING OI3LY SECTION A TO AMEND 2.08.040, AND SECTION 2. THE AMENDrtENT~TO THE AAlENDMENT PASSED BY A VOTB OF • 91.33 "YES" TO 36.17 "NO"; Arness, Dimmick, Elson, and DlcCloud ~ ~ voting negative2y. I ~ Clerk's Note: No vote was taken on Mrs. Dimmick's amendment as amended. . _ -9- ~~ ---a ~ ~r"=-~_~. --~~ . ...-..:._ . ~.~. .. . i_ r - ~ ~ :'~~ KENAI PENINSULA BOROUGH ASSEMBLY REGUI.AR DSEETING MINUTES DECEMBER 18 , 1979 PaG~: i n ~ Mr. Fischer believed an issue as imgortant as ihis deserves more _. . consideration and he did not recall this being referred to the Local Affairs Committee for a recommendation. H~ TFIEREFURE rtOVEU TO REFER T}iE SUBJECT TO TIlE Lt)CAL AFFAIRS COMAfITTEL. Mr. Martin stated this ordinance has been before the assembly ~ Lhree times and it was referred to committee once be£ore and he _ dfd not know how many more times ii would be considered. Mr. Cooper commented that this ordinance is getting the same treatment as the zoning ordinance from Homer received previously. Mrs. Dimmick staLed that in light of the comment from blr. Cooper SHE 140ULD MOVE TO TABLE ORD. 79-76. AS T1iE TABLING AtOTIO~ TUOA PRECEDENCE, MR. FISCf1~R {4ITflDRE{ti fiIS MOTION. TtIE TABLI4G ~tUTIOV FAILED BY A YOTE OF 36 "YES" TO 91.5 "~[0"; llavis, Dimmick, Fischer, and Sikorski voting affirmatively. ASSEDiBLY~1ERiB£R SIKORS~:I 1tUYEU TU RLFEeZ ORL. 79-76 Tu TI~E LUCAL _ _ AFFAIRS CO61~lITTE&. ~ ~:r. 'r:ar:in s,~_•;~,..:; ~h..:- :!: --- -_ .1:::+i. ~ _ . r:it'_ : . _ rulcs oi ~o~,.::, _ ;. : u:• .:s~._~.:~•, .. . .., ',,; i.~ _.,c~ • .~. . l.l: l i..l . ~.ould support the ord inancc. „ Atr. Corr urged defeat of the ordinance as the assemblv has rules of order and conduct. The people voted for those members of the assembly that they wanted to represent them and if the people feel that some of the members have a conflict of interest and abuse their rights, then they can be voted out of office. Too ~ many rules and regulations place restrictions on Lhe assembly which interfere with accomplishing legisiation. ~~ QUESTION {4AS CALLED A~vD THE REFERRAL AfOTIOV WaS DEFE~TED BY A VOTE OF 27 "YES" TO 100.5 "~0"; Uavis, Fischer and Sikorski voting affirmatively. . QUESTIOtv 1tiAS C.~LLED 0:: t~Fil. "9-"6 .lS :1,~iL•~ll~ll .1ti0 THi: :•!vTI..:: PASSED BY A VOTE OF 78.33 "Y~S" T~ 49.17 "NO''; Arness, Corr, . Crawford, Elson. Fischer and ~icCloud voting negatively. , titr. )lartin z:kc.9 -, _ .•x~... ... '': .:~i *.hr },.::t .,... of .• . . ..c _ .... ' ( 10:55 ;>. n.; ~ . ~- ~ G. CONSIDERATION OF RESOLiiTIOtiS >> ~ ; (a} Res. 79-158 "Requesting the Eleventh Legislature - ~ ! tU .~7i7TUjti L.IL; :-4..; = : _ ~ ~~:~I• :... ..~' ~ ~~.:L C . _ . :.~!,. " , I llOSt15 :'~1L}llti i~W ..~ii.li i d111I15ii1J ~J1"Jli~fl" '~ ASSEbt$LYAtEbiBER DIMI+iICK DiUVED FOR ADOPTIU.\ UF RES. 79-158 A~U ~ ;•` THE~ ~10VL'll TO AAfL~il Ti1L LIST ~~F RJ~US ,\S S1t~11ti': 0~ L[ST 2 0:~ : ~„~ ~ ~ _ TH~ nESK TO,VIGf1T. -, !Tr., llimtni~k r~•portca in thr ~~.~;kct is ~citcri., cst.il~ii.L•.: I~~ ~ .. ~ t~1C ~'~itfilC {1~01'~5 1)C11t. i~fll~~l ~t:t~ :tl:lttb'l'tl 501111't~117t .li L~1C tit:1~)' progressed. 1'he Public lvork~ Con-miitee has recommended certai~i i changes which are incorporated in List 2 shouing l~l roads; hoti;ever ° ' after discussion it was agrced to add thc Funny Rivcr itoad as ~: ,~; '~ No. 1S. ! ~Ir. Davis questioned why Gas H'ell Road was not included on the - ~~ ~ list as it certainly is in neel of improvement. ~ir. .lrness ~ - ~ ~ believed it was just overiookcd and TItER~:FUKIi ~tUVL'U '1'U ~'4~iL'~u ~ , .~'y, i ' ~ THE LIST TO INCLUbE IN ADDITIUN TU FIINNY RIVER ROAD AS NU. 15, r. ; , GAS WELL ROAV AS N0. lb. T1lE /L4IENllb1ENT YAS5Ell !~Y ,~ UNANIDIUUS - ' VOT£ . a ~ ~ - 10 - ~ __ ~ ~~T_ , i _ - i ,. . ~ ~, ='`_- ~ . . ~ --_ - - __ _ r , ---~ . ~-- t;~~riAl ('i~NINSii1..1 t~c~it~~tic:~t nSS~?r~H[.?' ~t:~ti~LA~? ~tZ:::!'IN~,: "1I":~!'fL~ . l~1:LI:D113Ii1i 18, 1979 1'ACI: 11 ~ Prior to the final vote r1r. Cooper reportcd it appears the _ assembly is prcparing a"wish list", anJ he expresscd conccrn for i:ast lind Road whiclt 2ias similar comnlexities to C:ast Itill Ito:id anJ probahI~• shoul~ ap~~rsr as numbcr 1' or li on the list. Iic ~vondcrcJ if by rrodiicin~ such a long list tlic assembly w:~s drfcating its purpose. Dirs. llimmick commciitcd that the Legisla- turc will be s1~ending the roaJ funds somcwhcre :inJ rathcr than ti.hittlc thc list down to 2 or ; roa~; an~l ha~•r thcm rcuucc it further, it seems to br in order to scnd them a longer list. '•tr. l'oo~~er rc~{ucsted :i rc<olutiun be ~~repareJ Cor the next . agcnda to pick up the for~otten roa.i proie~ts th:it thc asscr~bly riiblit xaut to mak~ thc Lebislaturc a~:arc of. ~'~` !?c~. '9-1~~!~ ";~rori.iin•~ for thc :;omiuatien of i:rrt:iiri Lsiils ior ~on~~•}•a~,c~ Crrr.i tlie 5tate of Alaska to the Kenai Peninsula Borough Pursuant to the Borough Selection Act" ASSE~tBLYtilEbf$ER ricCLOUD MOVED FOR ADOPTION OF RES. 79-169. . i QUESTIO:; i~AS C:ILLED :~.tiD T}tE R1iS~LUTIOti L'\AtiI:~IUUSLY ADOPTED. (c) Res. ?9-170 "aiyarding a Contract for the orou~0~`fice Building Ground Floor Renovations (1979) Project" i , ~ ASSE~!$Ll'rtE+l$ER ~1cCL0Ull r10t'~ll TO .1UOPT ItES. 79-1 ~ 0 REPORTING , TII~ FIN.AAiCE COtL+tITTEE SO RECOAII~SENDED. ~ ASSEb18LYA1EMBfiR CORR MOVED TO M1END THE I2ESOLUTION WITH THE INTENT { BEING TO RETAIti THE PRESEtiT ASSEDIBLI' DESKS AhD DELETE THE NEW ~ UESKS At~D CORI~ER CABINETS FROrI THE PLAI`. Tf1E AI~IEtiDD1ENT FAILED ' BY .l VOTE OF 28.67 "YES" TO 89.83 "NO"; Corr, Hille and Sikorski voting affirmatively. ~1l:Ii :LII~: `•1J~ IOX n.~S5L13 bi L'X,1:~I:•1U1i5 L'OTE.~ I y~~~_ ttcr! . , . • 'n.i.t~~ Cot~ncn*. ~ ~ '' . .... . - - , ::r.~•:~, :-."t.:~i:L•~S Ct:lu ii0f{Ci:1R ~LO i~:'e]i,ii'C ~~~!i:tT9Ci ~ ~ 1)ocuments for the Removal and Replacrment of the ~eldoria School 5~.•immin~; Po~ol" :1sSi:.~IBLTAII:Df}3l:R CRAI4FORD MOV~D FOK AUUPTIO.ti OF RES. 79-171. ~ Atr. Arness reported the Public Works Committee had discussed the issue thoroughly and recommended adoption of the Resolution. i~Ir. Hakert explained tne problem of the Seldovia pool deterio- ~ rating Lo the point where annua2 repairs are no longer feasible. ~ - FOLLOWING UISCUSSION, QUESTION 1YAS CALLED AI6D T}IE RESOLUTION ADOPTED SY A VOTE OF 91.5 "YES" TO 27 "NO"; llavis, Fischer, Sikorski voting "No". ~ ~ (e) Res. 79•172 "Approving the Afayor's Uetermination ~ t aTi t~~eni sula Savings and Loan AssociaLion Be Eligible to Be a Depository for Borough Investment Funds" . ' ~ - 11 - ~ % - _ ..z.r,._ 3 - li _. •._./ r - ---- - ~ _ _ KENAI PENINSiJLA BOROIIGH ASSEMBLY REGULAR MEETING MINUTES DECEMBER 18. 1979 PAGE 12 ASSEMBLYASEbiBER McCLOUD MOVED FOR ADOPTION AS RECOMMENDED BY THH FINANCE CObQlITTEE AND THE RESOLUTION WAS UNANIMOUSI.Y ADOPTED. (f) Res. 79-173 "Declaring Legislative IntenL of • a es ax ollection Provisions Within the Boraugh" ASSEMBLYMEMBER ARNESS MOVED FOR A1)OPTION OF RES. 79-I73. Mr. McCloud reported the Finance Committee recommended adoption. QUBSTION WAS CALLED A~~D THE RESOLUTION ONANIASOUSLY ADOPTED. (g) Res. 79-174 "Requesting the Eleventh Alaska egi~'slature to Authorize Real Propcrty Exempiion of $50,000 for Residential Properiy ch.ned and Occupied by Residents of the Borough" ISSE!1L'l.1"'~i)~:'i.. ~. ..,..... •....: " . , ' .' . .' . ~-.': .. ':' .. _ . ..:, _ . . . : . . . , . . . . . . _ _ . . . :(r. :IcCloud repurte~ tne Cl`50I:lIlOi1 ~~:;s ~i~s,us.,c.i ia ~.~~ : ii::ir.~~ Comtaittee and it was found that thc exemption ti~rould apply roughly to 5160,000,000 of assessed value, Hhi.:h ti:oulci bc about 5400,000 at 2 1/2 mills; requiring an increase of about 1/4 mill to make up the loss. Mrs. Dimmick reported Rep. Malone has introduced HB 314 which was referred Lo Community and Regianal Affairs. This bill allows municipalities to exempt or partially exempt from taxation residential property of $50,000 value provided the ordinance is ratified by the voters. ASSEDIBLY[~iEA1BER DIbQ1ICK ~tOVEt7 TO T.~BLE R~S. 79-17d A,~ll AT TH~ NEXT b1EETING H:l4F r1 C~PY OF R~P. ~t.1L~lvI:'S k3It.L .1X1~ :l Rf:S01.U1'I~X. SUPPORTI:,. - . i:... ~ .... . _: . '~... .... .'. .. ' .:. . ._. .~ "YES" TU,18 "~0"; Corr asxi ,Sikorski voting negatii~ely. H. I~TRODUCTIO': UF ORDI::A;:CES (a) CrJ. - -~~ .',uthori=:n_ ..:c . .:r:h:~.c• ...•~ . .i~: lropcrty-:.s .+ ~i~c i~r th~ :,~:. ~.o~:tcr yle~.~.at:ir: School and ~laking :;e~cssary tlppropriations" (postponed from October 30 meeting) ASSEMBLYI-IEASBER CdOPER ~iQYED TO SET O1tDINANCE FOR HEaRIyG JANUARY 22. Dfr. Cooper reported numerous hearings were held on the location of a school site and afier the authori~ation to proceed with negotiations for a site, the item iras sent back to the school board for further rc~•ietc. The board is .tili rctoimnen~lin~; the ti:lI11C Slt(' ~•ii'. i~J.~~MI• :Ll,:~~'±i. ~ .~. ..'i~ 'ii: 'y'Ci'~~~ t't\' 4~~~1:i 1L lti Stlll :Il:Ill:~~lil`. Mr. Gone D1cBride spoke to the ordinnnce stzting he has signa- tures of l375 rcoplc i;ho oppo.c thc .itc m:iinl~• hccau~r c~l thc road hazards involved. Ile re~lueste~l the Clerk rcad a copy of the petition rec~uest to the assembly. Fie referrca to infor- mation presented to the assemblv tonight showing the numUcr of accidrnts in the vicinity uf~thc propo.cJ .~hool sitc. The information was acquircd from ;i stud?• Jonc by thc l:ity of Flomer ov~r :i t~ro yr:ir pcriod. 1977 -',t. ~fr. Tom Gore, 5oldotna, bclict•c~l thc schovls ~tioula bc ~onsLruc- - 12 - ~ : ~ ~ *r- - ~-~ ' i. ~-~ i i - -~ '.r-~- 1 , 1 : I~C:1~AI I'IiNINSUI.l1 BOROUGIi ASSEAIBLY REGULAR At~LTING DIINOTES ~~ ~ ~ • n~:c~:~ixLx 18 ~ 1979 - - ---- PAGE 13 - - I ted where the children anJ the parents are because if there are -- problems at school, it is much easier Lo get in touch with parents. - i Also, children should not havc to ride busses as much as 30 miles to school. , lluring discussion of the ordinance, ASr. Cooper reported the special census and school bus reports do not bear out the population figures submitted by Dtr. AtcBridc. The present school and future school population is west of Ilomer. Over a lengthy period of time the present arca was recommended, but thcre ~:as no land a~•ailablc. :lftcr attcmpts to locate a suitable site, administration was requested by the assembly last spring to neAotiate for this parcel. }le referred to the letter . from the State Fiighway Uept. whicli refutes the lack of safety . claim being made by those who would have the school built east of town and recommended investigating sites east of Homer for another school when population in that area warrants it. Pres. Elson referred to the letter f rom SUpt. Pomeroy which states the board has zeconfirmed its original request and further requested future consideration of a site east of Homer. `~ - Mr. Sikorski commented there were 875 signatures on the petition ~ requesting relocation of the school site that must be considered. 'i • FOLLOWI`G FURTHER DISCUSSION, QUESTION WAS CALLED AND THE ORilINANCE FAILED BEING SET FOR HEARING ~iY A VOTE OF 49.5 "YES" TO 60 "NO"; 9"ABSENT". Favoring introduction were Ambarian, C El Hill Di Cl d Di i k " b " ooper, son, e, c ou ; mm c a sent . *See Item M (Reconsideration noted) ~ ~ i I. FORTfAL PRESENTATIONS WITH PRIOR NOTICE '~: ; (a) Red Smith, state, Borough, individual land rights Air. Smith referred to the letter from 3ohn W. Katz to Governor Hammond relative to Amendment to S. 9. Amendments adopted by the Senate Energy Committee and supported by the States are: (1) To permit land selections by the State within the Seward National Recreation Area (2) Convey the federal inierest to Lhe j ~ State in lands previously approved for conveyance under the Statehood Act (3) Clarify the relationahip between ihe Statehood ! Act and the National Forest Management Act which would permit ~ future state selections despite a National Foresi ~ianagement ciassification. bir. Smith expressed concern for those indivi- ~ ~~ duals living in the Seward National Recreation Area who have >';; , , been trying for years to get title to their property. He urged ~~ the assembly to update its position relative to gettfng this !; r, land to the people by resolution on January 8. '~ ;" . ~ J. CONAiITTEB REPORTS ~ • (a) Finance Committee . , Mr. DfcCloud reported the committee voted 4 to 1 to approve the : furniture and equipment lists and voted a unanimous "No" on ; ~ Ord. 79-75. ,___; ~~ (b) Local Affairs; no meeting -- -; ,-' ~ ~ (c) Pnb2ic iVorks Committee ~ . *, .I . Mr. Ambarian reported Mayor Gilman and Mr. Arness accompanied -- him to Seattle where they discussed with Woodward Clyde the Ports and Harbor Study and also met with representatives of . ~ ~ • - , ~ • 13 - ~ ~ ~ ~ • ;~ ~ ~ ;i . . ~ . } ~ : s~ i c ~ ~' . z; ~ 1, i . .` i .~ i . ; , ~• ., :..~.. i ; ~ • A. f ....J , ,T f - _-- r.-- -~ - .. Ti T __ _ .- KEISAI PENINSULA BOROUGEI ASSEDiBLY REGULAR MEETING MINUTES DECEMBER 18. 1979 PAGE 14 Crowley Marine. The study was reviewed and final date for the draft to be completed was discussed. Crowley is interested in establishing freight service from Seattle or Portland to the Peninsula and used the group for information and understanding of the Study for assistance with a freight proposal. Mr. Arness reported on the visit to Bellingham, Washington, where he viewed the use of incinerators for burning of garbage, septic wastes and small amounts of oil sludRe. He presented brochures and pictures to the assembly and re~.:~~mmended further study of the material keeping in mind the borough might adopt a similar systeta for disposing of waste products and perhaps cou1J get some sLate assistance. He reported Dtayor Gilman has written to a representative of the company for additional information. K. AtAYOR' S REPORT (a) Financial Report. ::o~•enber 1979 ,. ,,:, . . .. _. . . . L. SCIi00L COIvSTRUCTIO}: REPCRT (a) Letter, Supt. Pomero~• and Revised Furniture and Equipment List for Soldotna High School ASSEAiBLYPtEMBER FISCF~ER D10VED TO APPROVE THE LIST FOR SOLDOThA HIGH SCHOOL AS PRESENTED 01~ THE WHITE PAGES. Mr. Ward reported the items on this list were on t;ie previous list which had the c-ircled items. The circled items irhich were questioned at the last meeting have been removed. Phe other circled items were held b~ Lhe board for discussion in a work- shop and in the interi~ th•: as=embiy appro~~ed item~ not cir~led at the las ~: eat i::,; lliscussion centered around the expensive equipnent beinb i~urchased for the sc:hool and the 1e: ire to see somc c~.onomi~ia~; on f;:t::rc ; :r:h•i~~~ , ' . ~ . .. • . ~ .' ~ ~ '^ ~' _ . . . . • trec~ ihc I:~ :~:. ..... _ ... . . .... ..~..~ _. . . ... • . _ fIFiS SL10liCU L11C S1:11001 UJ..:'.. :~.:ln~ Ltli ~..:.laii~:l ~~~i ~~~.:~ti.aat'~ and so they become ac~ountableUto thc .axi~a~•rc•s. alie as~crnbl}• has~ however, always checked to ascertain items being purchased are actually capital improvement items. QUESTIOV h'a5 C.1LLF.U .~X,~ T(:L LI~T 1i:15 ;11'PR:"::.D 61' .\ 1':~TI. ')P "~.S ~~Z~~S~~ TO 46 ~~.V~~~~ ,lrness, I,JJ~.CI'~ J71~'1~~ il1fi11i11~~ :illtj S1~U1'S~1 voting negatively. :1SSEAIBLYME~IBER ~icCLOUi~ `•tOl'f:i~ r:~fi :1,~Ji~U;:i:;~iF:tiT ,~xn r~u: ;acrrtu~ ~ FAIL~D $Y :~ ~'OTG 01~ 31.16 ~.1.1 ~.. 1'~~ Ri.3-3 "~+~,~~ .1ml,:~i•i:+n, 1t•ii~•••, .:I:l:i~Ot'.~ :Uta .._l.i~!!i:: .~ , i' ~~... . (b) Furniturc anJ liquipmcnt List for licdoubt I:lemcnr:~r~• and liomer ifi~li S~huol (:ip{~roved b~• board I'-~3-79) ~ ASSEDI$LYaiLrtx~:~: 1fIAL~i1(:l: itUllil ~1~~~ .1!'I'RU6'1: 'ftiu G~U11"•ti.\'1' L1S1' l'itl: REDOUBT EL~DSE\TARY SCHOUL :1.`ll Tlf~ AlU1'ION PA55EU U1~:L':II~IUUSLI'. ASSEDt$LYt1GAiIIER COQP~R ?fU1'L'1~ Ti~ .iPPRUVii TIIi: L•c;U I P~IIi~T L I s~l~ F~~ti itODiEiR fiIGli SCIfuUL ,1VD llltt~t:t1 t~t:l~ii:\T ~)1~ 'CItl: I~tU'c1Uh. AIU7'IU:d I~.\ILG[~ Nl' A YU'fF: Ur 3G.IF "TI:S" 'f~~ S_.Sd "~U~~; .1mh:iri:n-, .lrncss, Corr anJ dlcl:luucl votitig "t~cs". - 14 - ~ i ~ ~ ~ J ~ ~ ~ ~ ,~ ~ , -t ~ . - . ~ ~ ' ~• . ~ ~J ~ ~ _~ _ ~i 1 t . _ . "~~- hi:`.it r~:h~xsui..~ i~uu~~~u;n ,ts:;ia~i~i.~ i:i:~~u~..i~: +n:t.ri;~~; ~tiru•ri:s u~c:~i~iliEtt is. i9~9 _ ~~ncL i5 _ a. ~rrin~u r.nsixr~ti (a) Cli:{nge of Assembly ;Iccting datcs: January, 1980 :1titi1:?t}il.YriL'?IB1iR i11`1~11Cl~ ~it11'LU T~~ C1iA1Gli T:IG RF.GUL.112 ~flil:'I'1\t~ llATIiS F~1R 771L ~fOhTH U}' JA~U,'1i21' TU 'Pltl: 8'1'll ,\\U 2.\U. U~.1`1;~t0U5 C~~SL'~!T lt \S .iS1:I:lt .\XI) (~R.1~T~11. - 1'L~llISG LLGI ~L:~TIOti - ,. .~l~a, -~~. ~ ~_ . i~. nT~ti!~...~•, . ,~•1 ir~c :~nc`. li~:~:r ~~..~ti:i~ .'il~ :r.... :~ur~.:~h . .~~.. ..l~' 1551:'•1G1.1~;~1C>SBLk ~icc'I.oUl1 ?11~1"EJ IJ Sli1' URU. ":1-"S P~)1: IIli.1iZI~G ~ J,1tiUdR1' ~~, 1980. ~?r. `;~;'loud r~ror:c,l thc Fin:in:c Cor~r~ittec h~~ rerommcndcd Scfea: of thc or:linan:i a~ th~ horoush sf:t:~> 'o loosc at least 1 mill or approximatcl}• 51.000,000 tf the ordinance were enacted. Another source of revenue would have to be found to replace that which would be lost. A!r. :lrnes~ renort~d Hith the ~•:~rious taxea ~+l:tced on easoline •- . <,.: .1SSE~fBLYD:i:~fBI:R CORR AfOt-LD TO T.aBLL- ORll. 79-7a ,1:ill TIiE Di0TI0h F:1iI.Flt RY ,1 {'(1TT: OF 55.84 "1'FS" Tn 53.66 "Xt;". 9".1SSF.;JT"; . .. . . ~oc• - . . . . ~ . ' , . .' . ~ . . :'.,,. <i.. , . , ~~ ..• , lla~ is '.lbsent" . Tlir bL1Ih ASOTI01~ FAILED BY A t'OT~ OF 45 "1ES" TO 73.5 ":0"; Arness, Davis, llimmick, Fischer and Sikorski voting "Tes". (c) Res. 79-166 "Authorizing an elmendment to the ontract w th Iiarold ltiirum F Associates to Provide for hlore Rigorous Final Inspection of the Soldotna High School Project" (Recon., Arness) :1SSLf~iBLYT~l~,tIBER ,~R:~ESS ;~t0~'~D FOR RECO~SIDERATIOV OF RES. 79-166 i\It Tlil: ~SOTIO\ I'.15Si:U BY :1 l'OT:: OF 100.5 "}'ii5" 1U 18 "::0"; i'ischcr and Sikorski voting ":;o". ' ' • " ~4 . ' ' . . .. . . ' ~ ~ . , . , - . . . . .. "' ' „ . ~c~it t~ CX::CCIl ~.'~yl.. ~; (.;i.~. ..L ~i. ..1 ... 1 lU 1{1.:.i~ :O: :1, Sl:i:l iIUL~'LU C1CCC4 59,41~"; CiI1~'!~i. SI:CTI~):~ 2, T~? '~i::lll "that thc si~m of 59,912 is transfrrred". bir. Hakert reported the Public l~orks Dept. has renegotiated the proposai and reduced the costs, stating one of the main reasons the 35 trips of the originai contract were utiliaed was to have eiectrical and mechanical consultants on site. Mr. Arness reported the Public 1Vorks Committee has recommended approval of the amendment and the resolution. QUESTION k'AS CALLED MD Tf1E AMEI3DAfENT PASSED BY A VOTB OF 91.5 "YES" TO 27 "NO"; Fischer, Davis. Sikorski voting "No". TtlE RESOLUTION AS M4ENDED WAS ADOPTBD BY TFiE SAME VOTE AS T1iE AMENDMBNT. N. ASSEMBLY ANU AfAYOR'S COMMENTS - 15 ~ ~ _= =--=. _ .. .: ~_. _ ~:._ -_ - - ~ • ~ ~ ~ ~ ; I i . ~ i . I 1 ~ ~ ~ , w Y ~ S ~ ~ i . ' , ~ ~l 1 I ~ • ~ ~ ~ ~ 1+ I ~ ~- !` . ~ _-_ _ _ __ _ _ ~ .~ ,- _-., _ _ , ~I KENAI PENINSULA BOROBGH ASSEMBLY REGULAR MEETING MINUTES DECEMBER 18, 1979 PAGE 16 ', (a) Mrs. Dimmick referred to a bill entitled "pn Act ~~~ Relating to Real Property Tax Exemptions" which was brought in ' by Atty. Sharp of the City and Borough of Juneau at the Legis- I lative Committee meeting of ~1L in Juneau. This bill clarifies I~ the senior citizens' exemption and the borough should probably . lobby for this bill. She reported•there were two other bills ; discussed, one recommeaded by C~mmunity and Regional Affairs ~' relating to the statute and the other bill would have established a lien on the property which would have to be paid ~ when the property passed to a person under 65 years of age. ~ ~ The majority of committee members reco~mended the bill which ~ is on the desk tonight. ~, Airs. Dimmick believed the proposal presented by blr. Arness for ! ` disposal of waste should be pursued. • j (b) Pres. ~l:.on rcportcd trc :ookics presci;t:~ toni: h~ to I ; thc .~ssembly ~ccrc a;ift frus~ ~.._ .~:r.ior Citi_L;~s c.wi:ur in ~ ~ Kenai. i ~ ~ .~r. . . ~ r . - . _. . . . . ... ... _ . . - ~ __ _ fl f'. . • . ' 1' ~. . ~' ~ . . ... . .. . , . . . _ ~ T8Y@A:1C sharinb fUIlUlily ior :1lterriates .~. 3RC1 J` f01' the iiJT0U~~1 ` ' ~ " h1111t11:1^y remodCilRb. j I (d) Mr. Davis found it unacceptable that this year for the R first time Mr. Ambarian is serving on the Public tiVorks Committee. _ ' This Committee will be addressing Local Roads and Trails priori- i : ' ties and it is not proper to have a person from inside the cities ~ making decisions that affect only outside city areas. He re- ~ quested Atty. Sarisky research this subject and provide him k~; i ^ `...~ with a memorandum on it. j„•. He requected a brief report fror.~ Pres. Elson on the Future j ,~~._.. _ Frontier Conference. I ~ ~ (e) .~Ir. Cooper statcu he i,.~~ ::;i.icr thc inpressiun :~i.:t .~:1 ` assemblymembers were representati~•es of the Kenai neninsula ; BorougA. ~ i. . • ~ hir. Cooper gave `:oticc of .,~.:onsi.:erstion uf CrS. '~-65 Jil ` '.., ,: January 8. w ' ~' R„ l (f) Mr. Sikorski gave Notice of Reconsideration of the ~ ' , ; . :~ . , Soldotna High School equipment list for January 8. ~" ! (g) rtr. Arness reported the Fublic t4orks Committee has ~y r worked Mcll in thc past anS it is ~~~rkin;, t;cll no-c. ;~~r. ' ~. . Ambarian is one of the few amonb the assembly who has some . ,~ en~in~ering background and can a.sist the comr.iittee. Tlie com- I I mittee'will be looking at city prob2cros as kcll and iti thr I~I~ ('! long run ihe whole issue ~rill eren out. ~ f ~ ih) ~tr. t:ratirt~r,l r ;•,~r„ . .:t. _.,.1:•.1 •h.~ .1: . .r.. '' ~ ` j meeting last night. 'flie boarJ i~ :vn.iacrii~g ~ontra.tin;, fur ~ ,, ~' ' specixl services bus maintenan~e. i:~~uipment list that i.ill be i , ; , , ; ' coming urcre discusscd and nppror~J. ~ 't` (il rir. Ilillc rcc~ucxtcd thr Xoti:o of I:cirnsiJcr:iti~~it hr ~ -- , l imi *rcl r,, ,~r: i i .. iT - . ' . . '~ ~ i , .. ..;~~ ., „r, _ , -_. .. ~~ ' ;[r. tiikurski st:itc~l hc ~tiuul.t li~~iit his i:crunsi.-cr.~tiuu t,~ thc ' ~.-T-_F j •v. items which he and Dir. Fischen c~~J mentioneS and the music list ;'~'• ~ i items which included the organ, piano and synthisizer. ; I I . - _ f - I ~' I i' ' - 16 - . , ~ i - ~ , ' ~ -- - = - - --- - - _ - , . _'" ~~"- -~ , ~ i t,---: _ _ _ _~ ..~ ~ _ . .; . - ., _ a ~ ., , ~ - , ~ ~ AI:NA1 I'1:VINtiUI.,I I;t)ItOUGIt ASSii~113L1' It1iGUi..11t ~Ilili"1'ING r1INUTL•S ~ I-!:Cl:MI~I:R 18. 1979 1'AGIi 17 Firs, himmick had expressed concern over some of the items on the li~t and Lhe manncr in iahirh the~~ wcrc presented, howcver, shc ~u~;gcsteJ :~I~~~t•oving thc lict so the di~irict can takc ad~•ania~c oi t}ic biJ pi•i~cs sin~c thc a•scmbl~• h:is madc its decision. Atr. Sikorcki ~.ithdre~. his ~oticc of Rcconsidcration. (i) ~Jrs. F'Ison rcpurtc.i at thc Future Fronticr's Conferencc in lnnc~ir~~c thcrc ~:rr~~ I>~ j~rc~cnt. 7'hr r~cctin;; i::~s s{,onsorr.i ; ~ ~ '. . . . . , . . . . . + .... ..... . . ...... ... .... , . .. . .. . ... renort is nrn: bcin~ ~omiiilr.i a::.i ~:ill hul~.~full.• b.• a~•:iilablc aftcr thc fir~t of thc year. ~ !-irs. Elson reported excused absences have been granted for `•irssr~. ::i:~:i,hclJ :incl i.,;ir for :~ri~ht. 0. PUBLIC COrf~fE1STS (a) air. Pat Lowry thanked the assemblymembers who voted against Ord. 79-71 and promised those wlio voted for it that th~~• :•~~?t h^ 1~^:~ri~- fror~ hi~ ~rn~:F. . . . '.. .. . _... .... . . tlic ~onsider- ation bivuu Lonibl~t to thc lio~;::r i1eL~ent~ry site location. (c) l1rs. Estella Eagle spoke in favor of supplying adequate furniturc and equipment for the ne~a Soldotna fliFh School ~~hi:h the assembly and Lhe ~•oters had r•oted in faror of constructinfi. She believed the e:cpenditures for musical instrur~ents to be espe~ially koriliwiiile spending. P. IIVFORAtAT10`iJ1L ALiTERIALS A~D REPORTS Pres. Eison referred to the minutes and assembly calendar in Lhe~ packet. • Q. NOTICE OF NEXT MEETING .~.dD .~UJOURI~~tENT :'res. Elson rcportcd the ncxt asser.ihl•• ncetin~ ~.ill be .Januar~- 3, 1980 ai 7:~0 p.m.. Borough :~drainistration I~uilding. idectinb ;';~.t;rned :at 'c.: ~~..... . .:1: .~ill~iCt~r4~~_~Ir~\' ~ ~ 1`~: .~ . son, Assembly President ATTESTi r ug Clerk - 17 - , -- ,-- '" ---~_~ - - - -~ , !~ --- - -6_ i- ~- - --- _ ~ _ ~~_:_ _.~.~;..~,.. aa.J~s.. ~: _ . , ~' - . KT:NAI 1'1:YI~SUI.A PUROUf,Ii kCGULAR ASSGbSBI.Y {~iti}iTING JAtiUARY 8, 1980; 7:30 P.M. BOIt0UG11 AD~tI.WISTR.ITIU~1 BUILAING P. O. BOX 850 SOLDOTNA~ ALr~SK~ 99G69 - A G E ~ D A- Pagc No. . Cf\LL TO URDL'R A'~D ROI.L CALL OF BOARD OF EQUA L I Z:iT I ~N 1 . tILARI\G OF ~PPEALS 0~ Sl:COXD SUPPLEDIGNTAL ROI.L FOR 1979 1 None . ADJOOR?~~iE~T OF BOARD 1 ~ ~ ~ ~ ~ ,. CALL TO ORDER AND ROLL CALL OF ASS~DtBLY 1 . PLEDGE OF ALLEGIANCE 1 . SEATI1vG OF NEtiY ASSEDiBLY MEUiBERS 1 i. AGENllA aPPROVAL 1 ,. APPROV~L OF DiINUTES OF PREVIOUS DtEETING 1 Approved as ' corrected . ORDI\a,tiCE 3iL'ARINGS, OR OTHER PUBLIC HEARINGS (a) Ord. 79-78 "Rezoning a Portion of the it~y`o~~nai from Rural Residential (1tR) District to Suburban Residential (RS) bistrict" 2 Enacted (b) Ord. 79-79 "Readjusting the Votes of the sse~y Based on the Special Federal Census of 1978" (with amendment) 2 Enacted as amended ~. CONSIDERlTION OF RESOLUTIONS (a) Res. 80-1 "Abolishing One Position of aptain in the P:ikiski Fire Department" 3 Adopted (b) Res. 80-2 "Amending Section I of Resolution 8-87^ 0 an3 Establishing Rates of Pay and Benefits for On-Cal2 Fire Department Personnel" 3 Adopted (c) Res. 80-3 "Approving the Design Development ocu~ for the Central Peninsula Hospital Project and Authorizing the Preparation of Final Construction Plans and Specifications" 4 Adopted (d) Res. 80-4 "Directing the Preparation of a 0o P ain Development Zoning and Permit System in Ordcr to Maintain Compliance with the Requirements of the NaLional Flood Insurance Program" ~ 4 Defeated (e) Res. 80-5 '•A Resolution of the Kenai eni~ nsu3 a Borough Assembly Pertaining to Atultiple Use of the Chugach National Forest and Requesting Dcletion of the Seward National Recreation Area from Senate Bill 9 ll-2 Legislation" 6 Adopted ~ . ; I 1 - ' ; I ~ + f ~ ~-~ ~ ~ ' • I ~ , i i ~ . i • ~ ~ , ! ~l 1 ! ---~ - , - ._ _ __ - t- ~- -~- ~ ~ - - -.s - AGENDA FOR MINUTES OF JANUARY 8, 1980 Page No. (f) Res. 80-6 "Awarding a Contract for the ur~se of a Dtini-Pumper Fire Vehicle '~ to Peirce Fire Cngine Company" 6 Adopted Fi. INT RODUCTION OF ORDINAYCES (a) Ord. 80-1 "Appropriating $115,619 from the e eral Revenuc Sharing Fund to the Borough Administration Building Renovation Project for the Purposc of Performing Certain Work" 7 Set for Hearing (b) Ord. 80-2 "Appropriating 5215,000 for the onstruction of a River Training Structure to Protect the Seward Landfill from Erosion" 7 Set for Hearing I. FORMAL PRESENTATIONS 1VITH PRIOR NOTICE (a) Mr. Truman Knutson, Conflict of Interest 7 J. COD~tITTEH REPORTS 8 (a) Finance (McCloud, ttille, Cooper, Crawford, Corr, Bimmick) 1. Receipt of School District Annual Report (b) Local Affairs (Campbell, Davis, Sikorski, Pickarsky) (c) Public ~4orks (Arness, Ambarian, Long) K. MAYOR'S RHPORT --~ - •.,J L. SCHOOL CONSTRUCTION REPORT (a} Furniture and Equipment Lists for Soldotna High School (board approved 12-4-79) 8 Approved (b) Furniture and Equipment Lists for Redoubt . Elementary (board approved 12-17-79) 8 Approved (e) Furniture and Hquipment lists for Soldotr,a High School (board approved 12-17-79) 9 Approved • M. OTHBR BUSINESS , (a) Request for ~Vaiver of Penalty and Interest; Nancy Hickson 9 Approved (b) Request for 1Vaiver of Penalty and Interest; Alfred Derkevorkian 9 Approved (c) Tax Adjustment Requests - PBNDII~G LEGISLATION - (d) Res. 79-174 "Requesting the Eleventh Alaska egislature to Authorizc Reai Property ' Exemption of SS0,000 for Residcntial Pro- ~ perty Owned and Occupied by Residents of i the Borough" (Labled 12-18-79) 9 Adopted I ~ (e) Ord. ?9-65 "Authorizing the Purchasc of ' ert~operty as a Site for ttie New Homer Elementary School and ~faking Necessary i ~ Apprapriations" ifailed, w/Rrconsidcration) 10 Failed i ~ I ~ ~ `_~ ~ , AGtiNDA FOR AtINUTr5 OF JA~UARY 8, 1980 Pagc No. N, r1SSEAIIILY AND DfAYOR' S COr1N1EYTS (a) Dfr. McCloud; Moose Pass School freeze-up 10 (b) Dir. Coopcr; Ord. 79-65 10 ~ (c) Atr. Fisclier; motion for Reconsideration of Farniture List next meeting 10 Mr. AIcCloud; motion for Immediate Reconsi- dcration of Gist 10 Failed (d) ~tr. Corr; flood plains 10 (e) Dfr. Alartin; report of 12-18 meeting to AG 10 (f} ~fr. Sikorski; motion on conflict of interest l4iihdrawn (g) Air. Crat.ford; abstaining 11 (h) l1r. Gilman; Ord. 79-6~/flood plain edict 11 0. PUBLIC COD01E1~TS ' (a) b[r. Dalc riyhill; location of }iomer school 11 (b) Dir. Gene AScBride; petition against location 11 (c) D1r. Chuck Newland; for selected site 12 P. INFORI~iAT10~lAL MATERIALS A.\D RLPORTS Q. :~OTICE OF NEXT DfEETIhG AhD ADJOIIR~?fE;~T: January 22. 198Q , --~ - - .-- ~ -----.~ ~ .._...~.~ 1 . I i , ~ ~ ; , ; ~__~ ----~ ~- - __ _ _ _ _ _ . ~ ~ ~ -~ - ~t ~ -~ . • +~ -~- ~~ . ~'- `- - - -- - - _ . w.. ~ - : , ~{. • _ . _' _ ______'-_'-__ b ~ ~ ..r~~. • nnorov't~ . ~ ~ AEpi1I YLivli~.~ui.n uv~~vv.,.. - MINUTES OF TlIE ROE AND RIiGllI.AR ASSL•idBLY rtGETING JANUARY 8, 1980; 7:30 P.~t. BOROUGfi AADtINISTRATIU:1 BGI1.I)ING SOLDOTNA, ALASKA A. CALL TO ORD&R OF THE BOARD OF EQUALIZATION The Board of ~qualization was called to order at 7:30 p.m. to hear appeais on thc second supplemental roll for 1979. PRESENT: Boardmembers Arness~ Campbell, Cooper, Corr, Crawford Davis, Dimmick, Elson, Fischer, liille, Long, riartin, McCloud, Pickarsky, Sikorski, Ambarian; Assessor Thomas, Atayor Gilman~ Atty. Sarisky, Dpty. Clerk Brindley ABSENT: None B. HEARItiG OF APPEALS ON TttE SECOhD SUPPLEDtE~lTAL ROLL FOR 1979. The clerk reported no appeals had been received. C. ADJOUILtiME1T OF BOARD ~.J `..i ~ ~ • A. CALL TO ORDER MID ROLL CALL OF ASSEDiBLY The regular assembly meeting was called to order immediate2y following adjournment of the hoard, by Pres. Elson. Others present were Pianning Director 1Varing, Admn. Asst. Baxley, Admn. Asst. Gallagher, Public 14orks Director fiakert, Finance Director Barton. ' B. PLEDGE OF ALLEGIANCE C. SEATING OF NEIV ASSEDIBLY1~tE~1BERS (none) D. AGHNDA APPROVAL The clerk reported Bes. 80-6 has been written to accompany the rtemo requesting a Bear Creek Fise Dept. mini-pumper under Item Di(a) which would become Item G(f). There were no other additions and the agenda was approved with no objection. E. APpROVAL OF biINUTES OF PREYIOUS b1EETINGS Mr. Fischer stated the minutes wcre in error in showing Ord. 79-71 enacted. It was verified that actions of the assembly were correctly recorded on this ordinance; his objection was to the actions of the meeting. Air. Fischer asked ,1tty. Sarisky what effect failure to appro~~e the minutes would havc. Mr. Sarisky stated that the disapproval of the minutcs would not abrogate the action taken. It is Jifficult to perceive why the assembly would vote a majority disapproving thc minutes if in fact the uii.nutes did reflect the actions Laken. In this case the acti~on was taken, the ruling was made, parliamentary- wise they were not challenged and the business was concluded. Mr. Pickarsky noted on page 4 the vote on enactment of Ord. 79•71 as amcnded recorded Corr and Davis voting both "Yes" and "No" while Elson and Cra~rford are not recorded. • - 1 - ~ -- ~ r.,.~ _ _ _ . . J ~ e ~ ~ " ~ _. l! !" -~_ _ _ _ , _ _ _ ~ .- ~.. _._- - -~ _ ..4... ""~- •. KE\,1I 'P~NIKSULA I3012UUG11 ASStiAIBLY 1tIiGUL,1k D1T:IiTING AtINU1'ES .JANIJARY 8 1980 YAGE 2 The clerk reported Corr and llavis voted "No", ~lson anJ Crawford voted "Yes". i~fr. blartin objected to the vote on the same motion being recorded 71.5 "Ycs", 47 "No", 9"Absent" ivhen beloia Pres. Elson notes the last ~oie to be "Abstaining" rather than "Absent". Also, on page 6 after the cote i;as reported as 9"Abstaininb", is recorded "Atr. ,'•Tartiii objected and challenged the entire procedures" although Atty. Sarisky has stated the ruling kas not challenged. ASSF:AIBLYI~IE?1BER FISCiIER D10VED TO TABL~ THE APPROVAL UF TfiB riI~liTT:S UXTIL T1IE XEXT b1E~TI\G, BY i~HICIi TI~SE TfIE CURRECTIO~S COU1.D 13E ~LaDE. QUESTIO~ 1tiAS CALLL'D AtiU AtOTION FAIL}:U $Y A ~OT~ OF 4S "YES" TO 99 "NO"; Davis, Fischer, Long, ~tartin and Sikorski ~•oting affirnatively. Pres. Elson declared ihe minutes approved as corrected. Dfr. Dtartin referred to rir. Sarisky's comment ihat the ruling was unchallcnged and rir. Sarisky stated that at the moment that the challenge ~:as made and not acted upon ASr. :+fartin should have pursued by point of order to bring the matter to a vate. A successful challenge was not carried out. Mr. Sikorski referred to the Clerk's note on page 9 following the motion to amend the amendment of Dlrs. Dimmick, questioning if that precluded the legality of the amendment. rfrs. Dimmick commented that the second amendment "~aiped out" the first and thereforc passage of the second made the vote on the first amendment unnecessary. - Pres. Elson declared the minutes of December 18~ 1979 approved _ as amended. F. ORDINA,YCE HEARINGS~ OR OTi1ER PUBLIC ItEARINGS (a) Ord. 79-78 "Rezoning a Portion of the City o I~enai rom Rural Residential (RR) District to Suburban Residential (RS) District" The ordinance ~yas read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, hearing was closed. ASSErtBLYR1EatB~R a,~fSARI1IN DtOVED FOR E\ACTAlE~iT OF ORD. 79-78 A\D itFTFiOUT DISCUSSIO~ THE ORDINAPICE {ti'AS ENACT~D BY A VOTE OF 135 "YES" TO 9"NO"; Corr voting negatively. . (b) Ord. 79-79 "Readjusting the Votes of the ssem y Based on the Special Federal Census of 1978" The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished Lo speak, public hearing was closed. ASSEMBLYDiEMBER FISCHER DiOVED FOR ENACTDIENT OF ORU. 79-79. ASSEMBLYhfEA18ER AiARTIN MOVED TO MiEND SECTION 4 FOLLOWING "This ordinance takes effect on the day after enactment" ADDING "and shall remain in effect only until October 14, 1980." ~ ?dr. ~tartin believed that this ordinance is necessary because of the press of time in complying with the state, but since itt is very similar to the plan rejected by thc voters at the last ~ e.tection, a diffcrent proposition must be brought Lo the voters next October. - 2 - ~ , . ,-- ,_---. -- ~ .._ _ ._ _____._._. - - - -- - -- - 1 ~ ~ ~ . , ~ ~ ~ ~ i ~ I i ~ I 1 I i ; ~ ~ ~ : --~ i '`~ ~ ~ z- y- --- , --i KENAI PEhINSULA Bn„nUGtt ASSEbiBI.Y REGULAR rfIiETI~3G MI~tUTES JAMfAKT 8 ly~sU P :~:' ~ Mr. Campbell referred to an ordinance for districting prepared by a committee with costly help of specialists which is still waiting Yo be set for hearing. fic belicved to enact this ordinance is to fly in the face of reality and objected to enactment of a plan which has been turned down by the voters. QUESTION 1SAS CALLED Otd T}iE AMEl:DDIEi~T IVHICtI FAILED BY A VOTE OF 54 "YES" TO 90 "~0"; Arness, Davis, Dimmick, Fischer, Long and Sikorski voting affirmatively. ASSEDiBLY~1F.~iBER ARNESS DSOYED TO ~~IEND VOTES IN TFiE ORDINAhCE AS FOLLOWS: "Homer 1 member 7 votes each ~ total Kenai 3 members S votes each 15 total Seldovia l member Z votes each 2 total Seward Z members 3 votes each 6 total Soldotna 1 member 8 votes each 8 total Outside city 8 members 6 votes each 48 total" rir. Arness reported by using Seldovia, ~rith the least population as a base~ as in the original weighted vote scheme, and using the new population £igures the votes will not have to be fractioned. All are within 1.56~ of the actual population, most having less than 1$ differential. VOTE 1~AS CALLED AND THE M1E:IA~lE:IT PASSED BY A ~'OTE OF 109.33 "Yes" to 34.67 "ho"; Campbell, Corr, D1cCloud and Ambarian voting negatively. There was a discussion concerning wheiher the ordinance would comply with the one man one vote requirement, the state's edict and which areas kould gain by the change. Several members stated support for a more complete reapportionment plan on the next ballot. VOTE WAS CALLED AND TfiE ORDII~.L~1CE 1~'AS E~IACTED BY A VOTE OF 82.67 "YES" TO 61.33 "NO" VOTE; Campbell, Cooper, Crawford, Elson, McCloud, Pickarsky and Ambarian voting negatively. G. CONSIDERATIQI~ OF RESOLUTIO\S (a) Res. 80-1 "Abolishing One Position of aptain in the ril:iski Fire Department" ASSEAfBLYD1EMBER ARNESS AfOYEA FOR ADOPTION AND WITHOUT DISCUSSION THE RESOLIITIO~I 14AS ADOPTED BY llv.~,yIDtOUS VOTE. (b) Res. 80-2 "r~mending Section 1 of Resolution - an Establishing Rates of Pay and '' Benefits for On-Call Fire Department Personnel'• ' ASSEDI$LY~tEIdBER ARI3ESS ASOVED FOR ADOPTION OF RES. 80-2. ASSEAI$L1'~tEA1BER ricCLOUD DSOI'ED TO AAIE~iD SECTIOY 10 TO DELETG "520,000" A\D ADD AFTER "insurance policy"~ "of not less than a20,000 nor more than 525~000" AS RHCODUfENllED BY TIfE FINA.~CL• COrAIITTEH. QllESTION IVAS CAI.LEA ANll THE AAfEKDI~tEN1' FASSEU BY A YOTE OF 133.33 "YHS" TO 10.67 "NO"; Ambarian voting negatively. In response to DSr. Corr the Dlayor stated that the resolution is a specific plan that has been recommended by the Nikiski Fire Service Area Board and will apply only to this department. WITHOUT FURTIlGR DISCUSSIO~S THE RESOLllTION WAS I-bOPTGD AS ADtENDEll , BY A VOTE OF 133.33 "YGS" TO 10.67 "hU"; An-bariun voting "No". ~ - 3 - _ _ , . ~ ---~- ~ s, , ! ~ ` , r ~'~ z . _ ~~.- ~,;:.;nr ~~~;Uruct~t,~ u~~Rn1t(:1~ 1SSr~(R1.Y RECt11.hR AfEF.TiNG b1i1J1ITf:S .IArIiARY 8 1980 PAGE 4 '- (c) Res. 80-3 "Approving thc Ucsign Devclopmcnt tocuments for thc Central Pcninsula Itospital Pro}ect anJ Authorizing the Preparation of Final Construction Plans and Specifications" ASSE:I~IBL1"I~{EMBGR ,IRVESS f~tOVED FUR .11~OFTIO\I OF' R~S. 80-3. ~ir. ~fartin :lnderson, Project Alanager for CTA Architects- Engineers i~ho designed the hospital addition, gave a brief history of the projeet to date and then presented slides showing the floor plan, indicating the 3 phases of construction and various sections of the design development documents. The general budget for the project uas explained as ~+ell as the time schedule, anticipating a bid date of June 1980, possibly bfay. Construction time is expected to be 30 months, enabling occupancy of the last phase by 1982. Dir. Campbell asked what date the certificate of need had been received and rir. Eiakert reported a request for clarification of several items has been sent to the hospital administration. Following a meeting with Afr. Barton on S9ednesday on these items the certificate should be forthcoming shortly. Mr. Gilman intraduced the new hospital administrator, Gary Hermanson. Afr. Gilman reported indications are that the certificate of need will be issued by mid-February. He also reported having met with bond counsel and being advised to s.ait as long as possible before marketing the bonds because while interest rates are high at this time, a few basic points are being dropped each week. Dir. Martin asked if rising consiruction costs could offset the lower interest rates. Dir. Gilman replied the bid date will not be changed, the only effect would be from the interest earned in the interim between the sale of bonds and payment of construction costs. QUESTIOi~ WAS CALLED AND THE R$SOLIJTION 11DOPT~D BY UNASVII~IOUS VOTE. (d) Res. 80-4 "Directing the Preparation of a lo~od~Plain Development Zoning and Permit System in Order to ~taintain Compliance with the Requirements of the National Flood Insurance Program" ASSEMBLYMEMBER McCLOUD J~IOVED FOR ADOPTION OF RES. 80-4. ASSEDIBLYMEt~iBER D'I11R'TIN rIOYED TO REFER RES. 80-4 TO TNE PUBLIC WORKS CObi~lITTEE FOR STUDY. Mayor Gilman referred to the Ietter from the Federal Emergency Management Agency which gives the Borough 30 days to submit a legally enforceable permit system to show cause why the Borough should not be suspended from the National Flood insurance Program. Dir. Martin stated the impact of such a system would be too significant to rush into withouL adequate study and he believed administration should write for an extension of time. ~ Mrs. Dimmick reported being on the Pianning Commission when Res. ~0-8R was ndopted~ first addressing the problem. She did not believe the assembly should turn its back on the people ~ . - 4 - ~ --~ - ____ - _ - --- . ~..- ~ . --~ KENAI PENINSIlLA BQROl1Gli ASSI:SSBLY Rf:CU1.AR ~tl:f:TING r11:Vt1'fE:S 3tHI~iiTi+ni o iyov pAr~` S who would lose thcir insurance if a program is not put togcther, _ one ~hich should havc been at lcast started sevcral years ago. btr. Davis asked that persons from the audience who wished t~ speak to this resolution be allowed to do so. Mr. Truman Knutson spoke against adoption of Res. 80-4, seeing no reason why some residents should be able to get federally subsidized insurance. Reading a portion of "The Repubiic Decline and Future Promise" by Col. Archibald Roberts cor.cec-r~~-g the Flood Insurance Program, which states that ~FIA is a vehicle for HUD to get zoning into force in areas noL previot:siy zoned. Mr. Ken tioward believed the program to be a means of getting planning and zoning accomplished and felt people who buy property in the flood plains should be prepared to dcal c,;ith floods if they occur. He cited examples which have convinced him zoning will not prevent disasters. ASr. Kenneth Scalf of iCalgin Is. stated the ~fiIP is a federal grab for power. FIe believed we are currently one step auay from a situation where the state can take over all pri-~ate property, and was strongly opposed to the resolution. Ms. Kay Francis believed the restrictions amount to federal blackmail by the Federal Insurance Administration and felt people can take care of each other when floods or other dis- asters occur. She stated no one can afford mandatory insurance. Mr. Long stated as a member of the Public ttorks Committee that he was ready to defeat the Resolution at this tir~e. - Air. Corr noted none of the people who live in the flood piain have been heard from, and there was a discussion as to how much of the borough is included in the flood plain designation. Mayor Gilman stated that the borough needs to look at what the ramifications of this letter really are, stating it was promptd by a flood that occurred in the riatanuska/Susitna Borough and a resultant request for disaster funds. It is a policy decision. Mr. Ambarian, speaking as a member of the Public ~Yorks Commitiee, stated that since the Committee does not work full time, they wouid have to depend on borough staff to provide the same infor- mation that the resolution requests in Section 1, specifically. ~reparation of ~ program which would satisfy the mandatory requirements of the NFIP, for assembly consideration. ASSEASBLYPtEbSBER CORR MOVED BY SUBSIDIARY Ai0TI0Y TO INSTRUCT TflE DSAYOR TO S9RITE A LETTER ASKING FOR A.1i EXTENTION OF TI~IE FOR ~ THE ASSEMBLY TO LEARN IYHAT ALL RMIIFICATIONS ARFi, HOW AfA~l ~ PEOPLE ARE AFFECTED, AND WAIT U\TIL AN A.NS1tiIiFi IS RECEIVCU. MOTION FAILED BY a VOTE OF 36 •'Yli5" TO 108 "~IO"; Corr, Davis, Dimmick and Fischer voting affirmatively. ASSEMBLYDtEM$~R ~tARTIY ZYITIiDRE19 tiIS ~IOTIOh TO REF~S2 RES. 80-4 TO CObL~tITTEE. Mayor Gil~nan referred to a case now before the Supreme Court which involved a developer who appcaled thc Planning Commission's ~' decision to deny river side development. Thc lot.cr court ruled ` that since the borough had no ordinances governing this situation it had no basis for denying such a project. . .^ ~ ~,_ - S - - E .." a ~° ,~ L_; `. ' i ; ,. i -r---.r---~~ - ~ ~-.r . , -~- ---~s.-. ~ ~ .• nnnn~~~tf ~CCS't1AI V t~C/'ttt •b ~tT:i^f T~t/' NT~tlITT:C Al:~!-1 Yl:hl~~Jlild~ UW~vu~~a .~.~.i~..~u~.• •u.v~~..•~. ....~.~~.w ....• JAfiUARY 8, 1980 VPAGf's 6 " rlr. Crawford commented making ii possiblc for pcople to build . in these areas by having such a program could be inviting disasters raihcr thari trying to a~•oid them. ASSf:I~fBLYDfG~iBER nI~1;•tICK 4IOYfiD TO :L'1F:~D SFiCTIOI~ 1 TO INSFRT "information on" ~FTEIt "time" A~U "minimut.i" BIiFORE "mandatory". -' ~ _ ~:_: . I ~ ,,' j '`J E , .• She stated by doing thc vcry ninimum to comply thc assembly might presertie the insurance rhile noi jeopardizing neH processing plants. Possibly identifying the arcas in qucstion xould be sufficient, with a i.arning as to consequences of de~elopment. QUESTIOI~ 1ti~S CALLED ~;~D THE A.11~XD`iG:VT PASSED BY A VOTk OF 104 "YES" TO 40 "I~0"; Arness, Crawford, Long, bfartin and Sikorski voting negatively. QUESTIO~ itAS CALL~D 01~ ADOPTIOIC Ofi RES. 80-4 A,~iD TIiE AtOTION FAILED, 56.33 "YES" TO 87.67 "XQ"; Campbell, Dimmick, ~lson, ricCloud, Pickarsky and Ambarian i•oting in the affirmative. (e) Res. 80-5 "A Resoluiion of the Kenai Peninsula oro~ u-T~ssembly Pertaining to Diultiple 11se of the Chugach ~ational Farest and Requesting Deletion of the Seward Xational Recreation Area ~ from Senate Bill 9 D-2 Legislation" ASSEDIBLYASE~IBER LOVG ASOVED FOR .IDOPTIOfi OF RES. 80-5 . Aiayor Gilman explained a national recreation area is a desig- naiion within the Forest Sertiice, in this case, that says recreation is the priority use. It does not preclude any other use except i~:hen ihat use is incompatible with recreation. Uses such as mining and logging are nat considered conpatible; grazing mighi be. This resolution follows three or four previously adopted resolutions i;hich have been forwarded to our legislators on behalf of the assembly. ASSEPIBLYA1ErfBER LOKG A10VED TO A?SE::D SECTIOI~ 4$Y ADDI~G T1iE NAMES OF PRES. CARTER A14D SECTY. A\DRUS TO THOSE RECEIVING A COPY OF THE RESOLUTION. UNA,~SI~fOJS CONSENT 1VAS ASKED A.~D GRAISTED . ASSEDiBLYDIES~f$ER CORR r10VED TO A,~fE\D THE LAST "«flEAEAS" TO INCLUDE DATES AND KU~IB~RS OF TFiE T}iREE PREYIOUS RESOLUTIONS TFiAT HAVE BEEI~ ADOPTED OPPOSItiG TflE CREATIO\ OF THE SEWARD NATIONAL RECREATION AREA A,~D 1'HE DIOTI01~ P~SSED BY UNAhIb10US CONSENT. RES. 80-5 I:AS ADOPTED AS M1EI~DEU BY UNANIbiOUS CONSENT. (f) Res. 80-6 "Awarding a Contract for the Purchase o a ni-Pumper FiTe Vehicle to Pierce.Fire Engine Company" ASSEMBLYM~1BEIt DAVIS AIOVED FOR ADOPTION OF RES. 80-6. Mayor Giiman verified for Mr. Davis that the Bear Creek Fire Service Area had adequate funds in the budget for this equipment. QIIESTI0I1 14AS CALLED NVD THE RESOLUTION ADOPTED BY 11NANII~fOUS VOTE. ASSGDiBLYB1Ei-IBF.R FISCIiLR D10VED FOR IDL~IEAIATE RECONSIDERATION OF ORD. 79-79, ASOTION FAILED BY A V01'~ OF 50.33 "YES" TO 93.67 "NO"; Campbell, Cooper, Crawford~ Elson, bicCloud, and rlmbarian voting in the affirmativcs. -d- ~-. ~ ~ I --n ~..:_ ,. ~..,~~ z- --- --- , ---~ KENAI PENINSULA BOROIJGII A5SIs?•!BLY REGULAR MEGTING blINUT}:S JMIUARY 8, 1980 _ PAGfs 7 H. INTRODIlCTI01 Ofi ORDINAPICES (a) Qrd. 80-1 "Appropriating $115,619 from the eF-dera~Revenue Sharing Fund to Lhe Borough Administration Suilding Renovation Project for the Purpose of Performing Certain Work" ASSEAIBLYDSEMBER McCLOUD b10VED TO SET ORD. 80-1 FOR fiEARING ON FEBRUARY S, 1980. Mayor Gilman stated the Ordinance is being introduced by the Chairraan of the Finance Committee, Dfr. J~icCloud, and was written at his request. In response to questions as to need, Mayor Gilman staied after it was decided revenue sharing funds would be spent on the finishing af this building, several items were identified as priority projects. Tn addition to the assembly seating and improved sound system and enlarged data processing arca approved previously, there was a fire proof vault in close proximity to the Finance Dept. which would save employees' iime. Mr. Arness reported that the Public t4orks Committee studied this project and recommended approval. QUESTION WAS CAI.LED MD ORAINAJBCE SET FOR FiEARIVG BY UhiWIb10US VOTE. (b) Ozd. 80-2 "Appropriating S215,000 for the onstruction of a River Training Structure to Protect the Seward Landfill from Erosion" ASSEMBLYMEDIBER C~iPBELL DfOVED TO SET ORD. 80-2 FOR HEARI:~G FEBIt11ARY S, 1980. Mr. Arness reported the Public SVorks Committee recommends . enactmeat. Mayor Gilman explained that because of the nearness of the Seward Landfill to the Resurrection River, some type of dyke system is needed to prevent the river at floo.i stage from washing through the landfiil. Otherwise, the landfill will have to be relocated, but another available location has not been found. QUESTION 14AS CALLED ANb TfIE ORDINANCE 1VAS SET FOR HEARING $Y A UNMIIrlOUS VOTE. I. FORMAL PRESENTATIONS 1VITH PRIOI2 NOTICE (a) Mr. Truman Knutson, Confiict of Interest Mr. Knutson referrea to the December 18 mecting when Ord. 79-71 regulating publication of legal notices was adopted. tte believed Air. Alartin was disenfranchized by not bcing allowed to vote on tha ordinance. Ele felt each member should be allowed to decide whether or not he has a conflict af intcrest as issucs arise. When all possible conflicts are considcred, it must bc rcalized that the curc adopted is worse than the discase. J. CODf~i1TTEE REPORTS (a) Finance Committee - 7 - ~ _ _ ._ -. -~ ----~~ ~ i ~ / - ~ ~ 1 ~ _ _ _ ~ ~_ -~- ~ ~ _ _ j =__ , _~ ~_~__ • KF~NAi PFN1~tSl11.A Ti0R0UCll ASSIib1BLY R1:CiUI.r1R Mf:ETIIdG MItiU~C~iS JANUAIZY 8 1980 PAGL' 8 -- +fr. DicCloud reported thc committec voted unanimously for Ord. 80-I and Res. 80-2 but was split on Res. 79-174. AS5I:SSIII.YMF~fIIEi HILLE ?lOVEU TO aCfih019I,I;ilGL' RI:CIiIPT OF TI(E AN~iUAL FItiA1C1AL R1:PORT I~RO~t Tfil: SCIi00L DISTRICT. UNf11~ID10US CONSkyT {tiAS GIVIiN. (b) Local Affairs (no mcetingj (c) Public lr'orks Committee ~ir. Arness reported mecting wiLh Dick Logan from Trans-alaska Engineering on progress of thc Solid ttiaste study.' K. DfA~OR'S REPORT (none) L. SCNOOi. CONSTRUCTION REYORT (a) Furniture and Equipment Lists for Soldotna Fiigh 5chool (board approved 12-4-79) Mr. Davis objected to the procedure being used by the Schaol Districi for approval of furniture and suggested the assembly be allowed to approve lists as soon as bids are received. He acknowledged confusion as to ichat items had been considered before and statcd he would like to see a comp was planned, what has been approved and what is yet to come. ASSLAiIiLYdIEtiBER DAVIS M01EU TO RETIIKJ~ ALL TNREE LISTS TO TEIE SCHOOL DISTRICT UYTIL T1IFi SUGGESTED LIST HaS EEEN RECEIVED. '1 Dir. Atartin reported as requested on the staius of approvals ~ for Soldotna High School. Furniture lists have been checked out against a master list, and each new list will be monitored. Mrs. Dimmick reported attending the School Board meeting the previous night and in discussion over the items on the lists, a lack of unanimiiy was noted. She agreed with AIr. Davis that a complete list would be helpful, and questioned whether the time and effort necessary was spent in compiling the lists. Supt. Pomeroy reported at the last meeting the assembly had approved a11 lists presented up to that time and the lists submitted for approvai ai this meeting are new items with the exceptioa of one piece of equipment. There was further discussion of the approval process and a few specific items which were questioned on the basis of size; whether "extravagant" or •'becfed up". Also considesed was the subject of responsibility betHeen the school board and assembly for choosing the type of equipment to be used in the school. Asst. Supt. l4ard reported that help in selecting the vocational equipment had come from persons in the community who had exper- ience in the specific fields being addressed. ASSEAfBLYhlED1BER FISCHER b10VED TO SEND TFfE "a" LIST BACK TO TH~ SCHOOL BOARD AND TIiE bfOTION FAILED, 67.33 "YES" TO 76.67 "NO"; Arness, Cooper, Davis, Llson, Fischer, Hille and Sikorski voting affirraatively. ASSLbfBLYrfEM$ER AMBARIAN ~iOVED TO APPROVE Tf!!i "a" LIST, SOLDOTNA fiICli SCIIOOL~ ANA TIIE MOTION PASSED, 87.33 "Y~S" TO 56.67 "NO"; ~ Arness, Coop~ar. Davis. Fischer, l~ille and Sikorski voting ncgatively. ASS~b1BLYMGMBER /U~iBARIAN MOV~n FOR APPROVAL OF "b", FURAIITURE FOR 1tBU0UB1 ELEDI~NTARY A\D TliE A101'I0~ 11AS U~MIr10USLY APPItOVED. ~i -- - - - - _ _ - 8 - / ~- ~ -r ~ ~ KENAI PGNINSULA BOROUGf{ ASSEr1BLY REGULAR F1E~:TTNG rfINUTtS JANl1ARY _8, 1980 PAGE 9 _J ASSEpfBI.YbI~DtBER At~tBAR1AN MOVED fi0R APPROVAL OF T}iE "c" LIST FOR SOI.DOTNA HIGIi SClt00L, API'ROVI:ll BY TIIIi ROARU 12-12 ANll Ti{E Di0TI0N PASSED, 125 "YES" TO 19 "NO"; Coopcr and Sikorski voting negatively. Supt. Pomeroy asked for specifics as to the list requested and Dir. Fischer replied the assembly would likc to see a master list showing what has been bought and what still must be purchased. blr. biartin commented in the future the assembly should establish the approval process ahead of time rather than trying to change the iules in Lhe middle of the game. M. OTIiER BUSINESS (a) Request for Waiver of Penalty and InLerest; Nancy Hickson, Parcel 175-070-0800 A Memo.from the Assessing Dept. states an incorrect name was placed on this account and ?1s. }iickson did not receive a bili, therefore it is asking for the waiver. ASSEAIBLYAtEbiBER ricCLOUD ~fOYEll TO APPROVE TIiE 1VAIVER OF PENALTY AND INTEREST FOR ~IAI~CY HICl~SO~ A,~D IT 14~15 APPROVED BY UAMIAIOUS VOTE. (b) Request for lYaiver of Fenalty and Interest; Alfred Derkevorkian, Acct. 07274 Memo 80-76 reports Dir. Derkevorkian attempted without success to get a tax bill on time and recommends waiver of penalty and interest. ASSEbiBLYASEtdBLR ;~1cCLOtJD b10VED TO APPROVE TIfE I~AIVER OF PENALTY AND INTEREST FOR ALFRED DERt~EVORKIAAi AND THE ~tOTI0:3 i~AS UNANIMOUSLY APPROVED. (e) Tax Adjustment RequPsts ASSEMBLYI~lEMBER AtcCLOUD DfOVED FOR APPROVAL OF THE TARS AS pRESE~ITED BY T1iE ASSESSI\G DEPT. AS FOLLOI95: 1979 Total Additions $241,569 1979 Total Deletions Z24,650 1978 Total Additions 30,OSd 1978 Total Deletions 55,465 1977 Total Deletions 2,000 THE .AtOTION 1tAS UNANIAIOUSLY .~PPROVED. - PENDII3G LEGISLATIO\ - (d) Res. 79-174 "Requcsting the Eleventh Alaska egis ature to authorize Real ~ropcrty Exemption of $50,000 for Residential Property Owned and Occupied by Residents of the Borough" TABLEll DECEAIB£R 18 ASSED3BLYB1EAtBER FISCII~R rIOYF.D TO TAKIi RES. 79-174 FROA1 TfiG TA$LE. TIIGRE {YAS NO OBJL'CTION. - ASSEM$LYDlEDfBGR FISC}iER AIOI'Eb 1'0 AUOPT RES. 79-17d ANll {9ITIIUUT DISCUSSION TliC RLSOLUTIO~ 1~~5 ADOPTL'D BY A VOTE OF 73.67 "Y~S" TO 7Q.33 "NO"; Arness, Campbcll, Coo>>cr, Crawford, ~Ison, McCloud, Pickarsky and Amb:crfan voti~ig negativel?•. 1 ' . _ '~_ "_~jT - 9 - !~ ~ -~~ J1NI111iY~.8`N1980 ~O1tUUGl1 A55GDIBl.Y RtiGIILAR ~11:tiCING DSI~Uf;GG 10 ~ - - (e) Ord. 79-65 "Authorizing thc Purchase of . eriain Property as a 5ite for the New Ilontcr i:lcmcntary School and Dfaking Necessary Appropriations" ' ASSIi~iBLYb11:A1BGit COOFfiK D1UYL'D F(1R RGCUNSIDIiR.1TIUN OF ORD. 79-b5. ' (Ordinan~c failed to bc set for hearing on Uecembcr 18) i i DSr. Cooper stated that because one side of the issue of school ~ location was represented at thc last mecti~ig and not the othcr side, the ordinance did not have a chance to go to public hearing. I~ lie belicved the procedure of publication and public hearing ~ should bc fa!:owed to allow all sides of a question to bc heard. i fie noted cop:~:: of letters from people in fa~or of the ordinance were providec' an the desk, and representatives of the Homer .4dvisory Boa~.•~i ~rere present. 5ome of the letters are from ; people whc signed the petition against the location siated in - ~ the Ordinance taho acknozaledge misunderstanding the petition I statement. ~ QUESTI0:1 1VAS CALLED AND THE RECO~ISIDERATION FAILED BY A YOTE -- OF 46.33 "YES" TO 97.~i7 "NO"; Campbell, Cooper, Elson, TicCloud :~.;, and Ambarian voting in the affirmative. I~ir. Cooper asked as a point of personal priviledge iyhether the assembly was going to hold public hearings at introduction of • ordinances as a general rule. He felt the public ought to be • i alerted to this change in procedure.• ~ I ~ N. ASSEMBLY MiD DWYOR'S COAtDIENTS (a) DIr. AicCloud inquired about the ~foose Pass School; -~ whether it had a generator and if so why it froze up over the holiday. ~tayor Gilman reported the custodian was unable to = get the generator started during the outage although it had been checked recently. (b) air. Cooper expressed disappointment that the people who traveled from lfomer for Ord. 79-65 were not given a chance to speak. Ne believed they were eniitled to some kind of explanation as to why the Ordinance was defeated. (c) Mr. Fischer ` '',~.-,o ASSEDiBLYN1EMSER FISCfiER MOVEII FOR RECONSIDERATIOV OF ITEAt L(a) . UNTIL RECEIPT OF A COb1PLETE FURNITIIRE LIST AT THE ~EXT bSEETING. ~?! ~ ASSEAlBLYD1EMBER AfcCLOUD MOVED FOR IbII~IEDIATE RECO~SIDHRATION OF F' ITEDS L{a) AND VOTE 1YA5 CALLED. Ai0TI0N ~AILED, 28 "YLS" TO ~;; 116 "NO": Cooper, Davis and Sikorski voting affirmatively. i~';i ` ;t , (d) Afr. Corr expressed apprehension concerning the flood plains resolution and noted the assembly had defeated a public i hearing in defeating the resolution. : ,. ~ °~ (e) Mr. Aiartin reported calling the state Ombudsman, ` the Dept. of Community and Regiorxal Affairs, and the Attorney '~F.: ~ General's office following the December 18 meeting and their ~ --r j response was that Pres. Elson's action in declaring an assembly- .;~ member's vote both unconstitutional and unconscionab).e. They. -- ~~ also noted a number of the things this assembly has done are -=~= ~ questionable, including ihe reapportionment. ~ I ~ . (f) Mr. Sikorski believed an assemblymember could~ as a -: i point of personal priviledge request that a person in the ,;, ',. audience be allowed to speak on any issuc before the body. I ,i - 10 - , ~ ~ ,~~~~, ; . ; ~~ ~. ~ ~, , .. , i r ~ KENAI PENINSIJLA BOROUGIt ASSF:MBLY AtI\IlTI:S OF REGULAR rtl:t:TING tR~arinvv a ~oan f'AGF. 11 ASSEMBLYDiF:i~iBER SIKORSXI DtO~'F:D TEfAT A~ ASS~DffiI.Y;dEblBi:fi HAS Tff~ SOLE RICFIT TO DECLARE ffI~15ELF I~ CO`FLICT OF I~ITERF:ST ,~::ll TO PIJT HI~iSGLF I` ABSTL'NTIO~I OF 1~'OTING ON A~Y I5SUE I2i IVIIICII fiE FEELS iIII~lS~LF TO BE I\ CO`FLICT. Atty. Sariski clarified thc Siatute statcs "may not vote" and this motion interprets the "may not" to be a subjective thing on the part of the assemblyrae~nber, who becomes the judge as to whether or not he may vote. Following a discussion as to present rules, Pres. Elson asked Mr. Sikorski to bring his motion in the form of an amendment to the existing conflict of interest Ordinance in order to provide a record and time for consideration. MR. SIKORSKI S:ITHDREI4 FiIS ~IOTION. (g) btr. Crawford commented the other side of the coin is that when you ask to abstain, the body may require you to vote. (h) Mr. Gilman stated the next item that comes before the assembly dealing i.ith land purchases, etc., will be done by ordinance ra:her than resolution, when it involves negotiation for purchase of land. In fairness to the man who made commitments to meet the agreement (Ord. 79-65) the borough should reimburse him for expenses incurred. Mayor Gilman commented he would be investigating the ramifications of the flood insurance program cancellation and try to find out exactly what is involred. lie also stated ii appears the borough ' is looking at a forced reapportionment. _, ASSF.AfBLYA1EAf$ER DI?QIICt~ REQUESTED TlfE ATTORNEY PREPARE TliE NECESSARY DOCIJ~fE~TS TO REI~IBURSE TFiE LAI3DOlVNER OF TIiL fORAiER PROPOSED SC1f00L SITE FOR THE EXPE;:SES I~CURRED $Y HIr1 AT THE REQUEST OF THIS BOROUGH, FOR THIi NEXT J~SEETIhG. Q. PUBLIC CO~QfE~ITS ~ (a) Mr. Dale ~fyhill~ Homer, expressed disappointment in not being abie to speak before the issue of Ord. 79-65 was decided, especially since the opposition had that oppor- tunity at the last meeting. ~s chairman of the Homer Advisory School Committee, an elected position, he iras chosen to rep- resent the peaple of Homer and those living along East Road in matters relating to the schools. He reported on the research done on the selection of the site and stated thc approval by iarious elected boards and committees made this site the "will of the people". He read comments made by people who had signed the petition~ indicating thai there had been confusion and misunderstanding of the issue. (b) rir. Gene D1cBride spoke on the validity of the petition referred to by Dir. ~fyhill against location of the school on the selected site because of a safety factor, stating that there were various reasons why people signed thc petition; not all because of lack of safety. rfany people wcre for an eustcrn location. Ne noted there is room for 50 additional students at the Anchor Point school and reported some Anchor Point childron were being bussed into tiomer for various reasons. (c) Dir. Chuck Newland, I~omer, felt as a member of the fiomer Advisory Committee who had donc his homcwork on thc selection of the school site, that the assembly had not studied ~ '~ ~ - 11 - ~ l" ''' ' hI:NAI PI:NI~SULA BUItOUGfi ASSI:I~iBLY IiL'GULAR DSL'F:TING DlIhUT~5 r~~i~~uv a tottn PAf:r 17 the matter thoroughly. tle bclicved if assemblymcmbcrs wcre going to gct involved thc~• should havc lookrd at thc site, checked ouL the safety factor and other aspects af the area. Fic reported hc i,ould have been glad to be present to speak ~ at the lasi meeting if hc had knor.n there kould be a public hearing. P. IIIFOR~tATIO~AL :NATERIALS AJ~D REPORTS Pres. F.lson noted receipt in the packet of serrice area and plat conmittee minutes and a memo from ~AIL regarding apportionment. Q. hOTICE OF N~XT rfEETIhG AND ADJO1JRh'~fENT Pres. Elson stated the next meeting will be January 22 and the meeting adjourned at 12 midnight. ' Date approved January 22, I98Q ~ ATTEST: son, A.ssembly President uty Boroug lerc - 12 - ~ , - ~ . ~ ~ ., , ~~~ tia , K~:;JAI PIiPJJ?:SUJ.A I:OItOJGIi ~ RIiGULAR ASStiAtI3LY 61T:IiT I,JG JAI-:UARY 22 , 1980 ; 7: 30 I'.41. BOI20UCIi AU~iItI5TRATIO;J I;UILUIyG ~ J P. 0. BOX 850 Assembl~• Vote SOLDOT::A, ALA5HA 99669 Campbell 3 ~ - A G E N D A- Cooper 7 . Corr 6 Crawford 2 A. CALL TO ORD~R AND ROLL CALL Davis b Dimmick 6 B. PLEDGE OF ALLEGIA~ICE Elson S Fischer 6 C. SEATI~IG OF hEl~` ASSE~IBLY AiEbiFERS I~iille S Long ~ D. AGEI~DA APPROVAL Idartin 6 A1cCloud 3 E. APPROVAL OF l1I~UTES: JA:JIIARY 8, 1980 Pickarsky 8 Sikorski 6 F. ORDIhA~JCE HEARIVGS, OR OTFIER PUBLIC HEARI?JG5 (none) a~barian S Arness 6 G. CONSIDEItATI0;3 OF RESOLUTIONS (a) Res. 80-7 "Directing the Preparation of a Plan or~Borough Lo~tery Land Sale ~2 to Dispose of Borough Land to the Genera2 Public" (b) Res. 80-8 "Amending the Local Service F.oads an`T r~ai s Construction Prograr~i to Provicie for Construction or ;Cacheniak lYay" (c) ' Res. 80-9 '•Authorizing the Applic~tion for an Energy Conservation Grant from the United States Department of Energy and Utilizing Certain Funds to Diatch the Federal Contribution" .(d) Res. 80-IO Concerning Liauor License A~provals to e provided 1-22-80) (e)..I~es. SO-11 "Authorizing Travcl for thc Alaska . u'~i`n'icipa~League Rearportionment J,aH Hearinb" (f) Res. 80-12 ",1uthorizing thr S:tlc of i,orough an Loc:ited on thc Kasilof F:i.ver to Osmar's Oce~n Specialties, Ii-c., foi• the Ptic•~~ose of Economic llceclol~mc~it Throug;i Lhc l:rection oti a Net. Fish anci Scal:uod ~'roccssing l~lant" (g} F:cs. 80-13 "ixi~res~ing thr 1~'illirigncys of t C SSC111)1)' Lc1 j.CFitiC Gt'I't:i1J1 T30I'OU~Il Larid~ ~ Near pce~~ Creek for Inclusion in a Sc:~tc P;~rk" : ~ ~ i ; ~ ~ ~ ~ ---- T _ _ ~ ~ ~ -: -~ ~ - _ ~'`' ~ / -,,._... - _ _~.:...~ AGE?dllA ~OR Jr1i:UARY 22, 19Q0 PAGE 2 (h) Res. 80-14 "l:stablislii~i;; a I,ef;islativc F'rogram ~ y the Assembly to ~:ffectu:ite a Rc~pjfortionment Plan far I'resentation to tlie Votcrs at ttic Rc~ular Llection in Uctobcr of 1980" H. INT RODUCTION OF ORDINA1rCES (a) Ord. 80-3 "Adopting a Land Use Plan As a Part o~vised Comprehensive Plan for the City of Sc~rard" (b) Ord. 80-4 "Amending the Subdivision Ordinance to Clari~y Building Setback Rec~uirements in the Area of the Borou~h liithin the Boundaries of. a First-Class City" (c) Ord. 80-5 "Providing for Reapportionment of t e~3orough Assembly Through th~ Establishment _- _ of Designated At Large ~ssembly Seats" ,. I. FORi-iAT. P12ESE~JTATIO\S 1VITH PRIOR :vOTICE ' (a) bir. Kerry ~Iartin, U.S. Forest Service; ' . Recreation Designation ' (b) Mr. Charlie Parker; A Borough ordinance ~ - , rec{uiring all .~ssemblymembcrs from cities .. -- within this Borough ta be directly elected - at the next general election of eacli cit~•. J. COA~-fITTEE REPORTS (a) Finance (AlcCloud, I-:ille, Coo~er, Cratu:ord, Corr, Dir.trnick) . (b) Local Affairs (Campbell, Davis, Sikorski, Pickarsky) , ~ (c} Public k'orks (Arness, ambarian, Long) K. MAYOR'5 RIiPORT' ~ (a) Finance Report, Uecember 31, 2979 (b) Sales T:~x licgulation 80-1 (c) ;~Iemo 80-82 "Groundt:ater P.csoui•ccs in thc i~ortl~ Kcnzi Inclustri:il .1rca" L. SCIIOOI. COASTP.UCTIOV R~FOR'1' ; ri. OTtIER JiUSIhESS ~' ~ , ~ -- _ _-- -- , ~ %~ . - - :s~ = ~~.y- - ~ ~ ~ I .. ~ - AGENDA FOR JA~IUARY 22, 1980 PAG~ 3 ~ - PENDIi~G - (a) Ord. 79-74 "Rezoning a Portion of Bayview u ivisian, City of Iiomcr, from Residential (R) District to Commercial (C) District" i (sent to FIomer Advisory Planning Commission) ` N. ASSEMBI.Y ADSD titAYOR'S CO~II!IE~iTS i 0. PUBLIC CO~~•IENTS P. INFOI2AIATIO;:AL I~iATERI~LS AJ~D REPORTS - (a) Correspondcnce: Leo Rhode, AJayor of Iiomer with Honer Resolution 79-56 ~ (b) bfinutes ";Jezas in Brief" 1-7-80 KPB Planning Commission 10-IS, 11-19, 12-3-79 KPB Plat Committee 11-2b, 12-10-79 (c) PbL'1 Progress Report on Soldotna High School Q. NOTICE OF vEXT TfEETING AIVD ADJOUR11iENT: Fcbruary S, 1980 ~ - - ------------- -~- ~ -- - . ~ ~ i I i I i ~ ~ ,I 1 `"~ , ' ~ _T.~.--_ . ~~ ~ ~~F / ~~~n ~Q ~ ~ a O K~~iAI PE~I~ISUI.A P,OROUGII RI:GULAIt ,1SSLASIiLY ~11.I:'I'I`!G FEERU.IRY 5, 1980; 7:30 P.;.i. BOROUGIi t11)id! ;v I STlLIT I 0:: BU I Lil I IvG P. 0. EOX 850 SOLDOT:;:~, ALaSt~A 99669 - A C E P: D A- Assembly L'ote Coo er ^ A. CALL TO ORDER t1:~D ROLL Gt1LL ~ Corr ~ b B. PLE1lGE OF ~1I.LEGIa.~CE Cractiford Davis 2 6 C. SEATI:~JG OF ~~Ei4 :~SSE~I3L1'1fii:I~L•RS Dimmick ~Ison 6 S D. AG~IZDA APPROV~-L ~ Fi scher !ti]le 6 S E. APPROVAL OF I~fI:~UTES OF ,IA~U:IRY 22, 1980 Long ~Iartin 6 6 F. ORUIYANCE IiL'ARI:,GS ~fcCloud Fickarskv ~ 3 S (a) Ord. 80-1 ":lppropriating SI15,619 from Sikorski ,~mbarian 6 S t e e eral Revenue Sharing Fund to t~ie Arriess 6 Borough Administration Building Renova- Campbell 3 tion Project for the Purpose of Perforning Certain Stiork" with hiemo 80-89 (b) Ord. 80-2 "Appropriating $215,000 for the ~ on~st ruction of a 2iver Training Striicture to Protect the Se~tard Landfill from ~rosion" G. CON5IDERATIO~i OF RESOLUTIO~S (a) Res. 80-10 "P:-otesting the Renewal or Transfe r o~ ,ertaan Liquor Licenses l~ifhin th~ ~orou~:~ Because of Delinquent Ta~es" i.ith :temo from Attorney (Resolution to be providcd 2-5-80) (b) Res. 80-12 "Su~porting the Allocation of Stat c .1re Revenues for :funicipal Libi•aries and ~Iuscums in the Borough" (c) Res. 80-15 ",~~.arding thc Contract for thc olistruction of tlie Sc+~:ird I,;iitdfi lI Rit•cr Training Structui•e to liro~+n Construction . Coml~any" ~;ith *temo SO-S6 and Iiid Tabs i ~ i .; a ~ ~ ~ .J._' .~ ' .~ ~ ` :~ ' ' .; ~ T ~ ~.. r ~ IJ - " ~ Page 2 (d) Rcs. 80-16 "Awarcling t}ic Contract ~or Survcy Yor Itcyu i rcct Cor thc Cons tru~ t i ori o f thc Scward r" Landfill Training Structurc to `•icLanc y Associates" with ~iemo 80-88 (e) Res. 80-17 "At~~arding thc Contr:~ct for thc u ication of the Property Tax Foreclosure List for Lhe Tax Year 1979" (f) Rcs. 80•l8 "Awarding a Contract £or the onstructi~r. of Borougl~ Aclministration I:uilding Ground Fl oor Renovat i on ( I979 j AdcI i t ivc ~11 tr.rna titi•es . hos. 2 and 3 to Cordova Construction Company" (g) Res. 8Q-19 "~~t~arding a Contract far the Purcliase o ireat-fiing Apparatus to Fire Control ::orth~,~est, Inc." (li) ~~cs. 80-20 "fi:~c{ursting tHC Llct-enth Lc:s;is;ature tv~uncTffc~ 1Jnprc~vc~ment oi :;inil~hik :;j~.it :~c~;,cl ?~iclucling Acquisition of Itight-of-lia~•, ^oad :ecrair, Reconstruction and :I:iintenance i.:y the State of ,'~laska" H. J;:1'RUi%UCT1U:: !~F ORVI:::I~CES (a) Ord. 80-8 "Appropriating Funds i:am the Land rus~t F-und L•nappropri:ited Balance to Land Trust Fund Operatiiig Lxpense" {b) Ord. 80•9 "Adopting a Comprehensive Plan for t~e~T~ C ty of ;~~na i As a Par ~ o f the Kena i Peninsula 5orough Comprehensive Plan" with Dfemo 8D-90 (c) Ord. 80-1Q "Increasing the Appropriation fvr tie Soli i~~cste Transfer Sitc Budget By $SS,000" ~~ith Aicmo 80-87 (d) Ord. 80-11 "Estlblish.ing a S~ Bid Pr~fc:•encr oii Borou~i I'rojrcts for Conrr:~ctars Lor:~tr~ i~ithin the 13oi•oubli" I. FORNL~L 1'RIiS1ii~T~1T I U~`S lt I 1'll PP.I Ot: ~iUT I C1: (a) Joanne Port, Kcnai Fiver Subaivi~~u,~ J. CUAUlITTL'•I: 1;LPUI:'!'S (a) Tinancc (~IcCloud, iiillc, Coopcr, Cra-.forcl, Gorr, llimmi~k) ~ (b) Luc:il Aff:~irs (C:-m~bcll, U.i~•is, I`icl:ai•sky, Sikorski) School Boar~i (Fischcr) ~- . ~ -_~ ~ - -- ..:.c~.~.,.. ~ ..a.•.. • ~. T r ` ~ r ~~ ~ Page 3 (c) Public Works (Arness, Ambarian, Long) K. DIAYOR'S REPOitT (a) ldemo 80-81 Planning Dcpartment, ~iaps and Aerial Photographs (b) Letter from Gov. Hammond 2E: Lo~aer Susitna Valley Competitivc Oil and Gas Leasc Sale (c) Letter from DOT/PF Rr: Steering Committee for Multi-modal Transportation Study . (d) 2temo 80-9I Economic ~evelopnent Council ,lppointment L. SCHOOL COZSTRUCTIO~? R~PURT bi. OTIdER ~USI;~~SS (a) Tax .~djustment Requests , (b) Letter from Atty. Sariskv RE: Soldotna liigh School Change Order for extra steel - PEhDIt~G - ~ (c) Ord. 79-74 "ltezoning a Portion of Bayviec, Subdivision, ity o.omer from Residential (R) District to Commercial (C) District" S-iT:i ~;•IF":U;dE?~'1 N. ASSEriBLY a1:D AIAYOR' S CO~L~IE~TS 0. PUBLIC COD~IE:JTS P. INFORh1ATI0?tiAL ~SAT~RIr1LS AXD FEPORTS (a) DSiscellaneous ; School Board agenda for 2•4-80 Minutes: So. Peninsula Iiospital S.A. 10-31-79 Correspondence: Terry Gardiner rc Res. 79-174 Correspondcnce: Te~' Stevens re Res. 79-164 Soldotna Res. 80-2 re Senior Citizeii E~cem~~tion Aiunicipal hewsletLer, Fuster ~ 2~tarshall Afinutes: ::1'13 Plat Cor~mittcc, 1-7-SO Q. NOTICE OF ~~:XT ~`.IiETI`G~ }~LL'P.li:1i:Y 19, AXU AUJOURI+:IIi:`:'i' , \ •~- • ~~ ~~-` ~9 a~ -1 ~ ---~ / T ~^' ''~ - ~ ~~ CITY OF KENAI ,.a~ e~~ ~ ~~~„ P. O. dOX 580 KENAI, AIASKA 99611 TEIEPi(ONE 463 • 7SS5 January 23, 1980 Wil]iam QuanQt ~ P.O. Box 917 Kenai, Alaska 99611 Dear Mr. Quan~t: I am wrfting in response to your inquiries concerning a water and street spec~al assessment district in Ahlstrom Subdivision. The Pubiic Works Oirector and I have contacted the State of Aiaska, and have been told that D.E.C. does have 50% grants for eligible costs of water and of sewer pro3ects. Normally, they will not fund water pro~ects unless due consideration has been given to the discharge of wastewater. Many times, this means that a sewer line must also be installed. 1 have enclosed a copy of Title 16 of the Kenai Municipal Code which discusses the procedures far farming an assessment district by petition. There are certain problems with forming any assessment districts at this - time. It may be best to bring these out in Lhe open now: (1) No assessments shall be ]evied in excess of 25~ of the value of the property. I assume this means the sum of all assessments (in this case, both water and street). It is very likely that the local share (some amount greater than 50~) of the waterline will approach or exceed this 25~ figure. If this is true, then the street profect, fo- which we have found no grant funds, can- not be assessed at a11. (2) 7he City must sponsor the project. This usually means the City must pay 100% of the cost of the pro~ect, and when the project is finished, submit evidence to the State so that we may be reimbursed up to 50% of eligible costs. The City must pay the share of assessment pro3ects that are to be assessed (i.e. 509~ local share) with bond monies. At this time, the City has approximately $97,000 of water and sewer bond monies and $13,700 of street bond monies. All of these monies have been earmarked by me {and suggested to the Council) for other pro~ects now in the planning stages. In other words, the City may not have the funds to up-front the cost of the pro~ects. Even if yau are willing to pay the full 50~ lacal share of the pro3ects, I know of no method to accomplish this other than an assessment ` ~_ ~~- -~ ~ ~~ . - - ~~:. _.~:. .t. - .. _ ~,. .~ ~ i William Q Continued -r _ _ _ _ _ ~. T' ..' --r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~:~:.:~= --- -- - - - - -- _ - - - _ _ _ -- - _ - _ ~~ . ~ 1 7 -2- January 23, ]980 - , ~ district. And the City is very limited on bond funds that can support ~~ an assessment district. ~ I am sorry that I cannot be more encouraging. ~ i Sincerely, Cw-<. 6'~..._- . Charles A. Brown ~ Acting City Manager _ ~ Enclosure cc: Ben Qelahay Keith Kornelis All Councilpersons CAB: kh . ~-. .~ ' ~ i ; i ; ~ , ~: ; i i i ~_ _.._ ~ s _._ _ . r.. . ___. . , ~ -..,.~ , ,, ,, - . ~ ^ , _~ CITY OF KEYAI j ~~ ' CITIZEY PETITION MOYTHLY REPORT DATE DATE DATE INVEST. CITIZEN j ':A`~:~ RECEIVBD SERYICE REQUESTED COJfPLETED NOTIFIED DEPARTKENTAL REPORT John Reynolds 12/3/79 Lost Brown and Black dog - Redoubt Terr . 12/3/79 Lost Dog Fi2e Marie English 12/3/79 B1. Newfoundland•killed beagle and . 12/3/79 Nexfou~~Jland was still ihere dragged it into.xoods. fo,llowed dog home and'isst~ed ~~ . . . ' citation.' , ~ r" Sharon ttiells 12/3/80 Neighbor's dog in heat - lots of dogs 12/3/79 . Patroled area ~.~ . . . Gladys Stockler 12/3/99 B1. dog at Sears Elem. - pick up 12/3/79 • Picked up dog. bfike Dohicky . 12/3/19 Golden Retriever getting into garbage 12/3/79 Patroled area-dian't find•dog i VIP Estates • I Mrs. Broxn 1Z/4/79 Pick up siray cocker spaniel • . 11/4/79 Mother person kept dog. ' Sharon Raymond ' 12/4/79 Four dogs outside her home - ~Yoodland 12/4/79 Dogs gone'rhen a:fived. F1ary Murray •12/4/79 Lost Irish Setter - Behind Efall 11/4/79 ~ Dog found 12/6J79, ~ Mrs. Gray 12/S/79 2 terriers running loose i2/S/79 ~ Contacted Mrs.~Gray. Virginia Poore . 12/7/79 Stray husky - Eagle Rock . '• 12/7/79 . Picked up dog. ~ `, Ruth Crane 12/10/79 liit a.dog on Spvr Hary.~Passed Jr. High 12/IO/79 ~ •. • Could not find dog. . Cliff Calley 12/10/7~ Pick up stray cat and kittens • 22/10/79 • Picked up cats. ' 'L' 6tarfon VanNorn ~ 12/14J79 Lost Male bl. dog w/broxn face - VIP 12/15/79 . :l:~ r ~ Lost Dog File ~ ~' Barbara Christian 12/14/79 6 dogs in yard'= Woodland . 12/14/79 • Patrol area. ' Sandra Bilderback ~ 12/18I79 4 large dogs harrassing her dog.' child, ~ 12/18/79 . Patrol area. ~...~ and rabbits ,. ~ • Sharon Nells 12/19/79 Problem xith dogs.. . '12/19/79• ~ ~ Have patroled the.areg f, ~' picked up animals, wi21 try . ` • . • • • : . . .. to cite the owners. ' ~ . . . . • 4 ' . . . . . . . , . . . • . ) F '' " ~ I ~ ( .: , ., '. .. . ~ . . ~ . ' ~~ _ ~ . „' .: { ! ! ~ . I ~, ~ .; ~i ~ , '.. +~ s ~, ' . } ! ~ ; ~ : . ~~: , .. . ~. 7 ~ ( i ~. ? ' ' ~ , ~ ~ ~. ' i ~' ~ ~ . . ' '_~ • • • ~ r . ~ I. ~ , . ; j}-[~ r, ~ t 1 . ' ~ ' ' f?' I f t • xi ' , ~ ; . 1 , . ; tp , ~~ :'j ~. . ~~ i' . .~~~ ~ . ' . T ~! .J~. ~ 1 { ~ , i . . ~ ~' 1~~ ~ t {. 1 .i. ~ i ~ l~ ' •1 ~ Il js ,/ ~ ~ ' • ~ ~ • ti ~i ., ~ . ~ '{': ~ . _ -- - T _ _ _ _ _ _ r ,.. ~ _ _ ~ -~ ~ ~-- -~ --~~~~ - = ~'' ~ - - - - - - - ---- " ~ -- ~~ i : ,r ~ . •' ~ ~ , CITY O~(BNAI f ~-- ~ ~ ~ . CITIZEN PETI7ION MONTBLY REPORT i ~ , DATB ~ DATE DATE INVEST. CITIZEN " '::':= RECEIVED _ SERVICE REQUESTED COASPLETED NOTIFIED DEPART1dEhTAL REPORT ' Sandra Bilderback 12/27/79 Four dogs are still in yard and not 12/31/79 Talked with owner and he will ~ I chained as owner said, keep dogs restrained. Judy Harvey 12/27/79 Lost male small husky across from . 12/27/79 . : Aid not find dog. " ' ~, i Russian Church . • ' ~ ~ ~ :' Karen ; .. 12/26/~9 Pick .up stray - Alder, Woodland 12/27/79 . • Picked up stray. , 1 ~ ` ~ ~~ Lorretia Coon 12/28/79 . Large golden dog jumping on children 12/28/79 ' •. Dog picked up. ~ ;; ' ~ t , ~ „~, ~ 1 - L . . ~ ' • . • . • . :p . • . ' • ~}% . • ~ . . . ~ , • . . ' ~. , . . :.:r • ~ ' ~ ~ • ` , . ' , . • ~ . . , ;~~ • 1'~ ~ ~ ~ ~ , . f ~ ' V• 11 ! ~ ~ : . ! . , ; '~ , 4, ~~ $ , ~ ` . ; - • ~ ~ ,' . ' F ' ~ . . , ;' . , . ~ ~ , ' t~ ~ ; : ' ~ , .~ ~ . . ' ! • ; ~ ! ~' ~. , I I I ' I i I I ~ ( ~ i ~ ~_ ; -- . ~--- Y -- -- - _-_ --~; I" . ---- ~::_.F.~-... ,...._ ---- . , . . -- ~- _ _ _ __ _ _ _ . _ r ,-__ -~ _ .. T~ _ _ ` ,_ i- -• -~- - +-~- ~ . -. :~~j ~ ~~ • t ' _ -- CI?Y OF KE~AI I ' ' ~ - CITIZBN PETITION MONfHLY REPORT • ~ 1 . ~ DA?E DATE INVEST. DATE CITIZEN s '{ ~ ' t:A"E RECEIVED SERVICE REQUESTED i COb1P LET~D NOTIFIED DEPI.RTFiEbTAL REPORT ~ Tim iYisniewski 12/S/'I9 Sno++ Removal requested in Cemetary 12/11/79 Snow Removed from driveway. ~ Bill Cisson 12/6/79 Grader pushing sqow further away from 12/11/79 Street Bladed wider. . curb - now on1Y 1-way traffic , . ; ~ Dr. Hanson 12/21/79 . ~ 3eaer backing up in basement. . . . 12/21/79 Clyde checked sewer problem. . ?.• 1 ~ Grader not plowing up to edge of ' . City crerr xill plow the area. ' ~ parki ng lot. ' . Dusty Piland 12/26/79 • Found 2 signs in woods and street 2ight 12/26/79 Signs picked up and HEA ~ out on corner of tiemlock. not3fied. ~ , ~ Larry Attleson 12/28/79 Loop off Sterling was not plowed wide 12/31/79 Replowed street. ! • enough. . ~ _ Elain Cisson ' : 12/28/79 Street getting narrower. _' 12/31/79 : Replowed street. . • I Cindy Johnson ~2/28/79 Did not plow Alder Street all the way. ' . ' ~ 12/31/79 , ~ ~ . Reploxed street. . • i ~ ^ ~ ' . . . i ' '~ • . . ~ . . • • ' 'p r I • • ' . • ~ ~ ~ ' • . ~ ~ • • , ~ ," , . ' . ~ . . . • . . ' ' .!}'• ' ~ ::. • '. , ! ~ ' ~ i ~ -. • . ~ ' f '. . ~ " ~ ~. . • . . . . • . • . : •~ • ' . ~ ~ • . . . . , • ~ . : • ..: ' ~ , . ' ~ ' . . . • . ~ ~ I . ~ i --~., ' ~ ~ ' , ~ { ~ ~ ~ '. ; ~ ''' I ;, c - , I < ! :;l . it~ i i t j i ~ ~ . ~_ I ~ t ,t . I ~ ~. • •` ~ ` ~ : ,t~ ~ ~ ~ ~ I ~ ~ . ~ ' ' ~; L~` ;'~ , . ~i . , ~ ~ ~~ . 'f~' I ~ ~ • '~ ~~ I y ' ~ ~ " ~ ' j l . v ~ ~ I . { .;~ . ' , ~ _ t ~ . l . ~ ~~ r--.-.. ._"__ '..._'-"._'~-,_~ .~-~.-. _'__ -._.u: "" _"_,,,~~.~~ . " _ '_ 1 ____._"_'~' ~ _ _~`_ _ __- '_ . -~c___..__'_ '? . I ~~ ' ~. 'yfl ,.~~ ` ( _ ~ - `. _ . - - I ~ I ' , • ~ ~ I ~ i ~ , _ ~i I ~ " I I I ~ ~ ~~ ~ i . . ~ , ~1... I d -~ ~. i ` . ~ ' ,,', . 4 r' • , ; • ~~ ., ,_ i ~ ~ . i :~~._,-, . ~ 11` 1, `t ' ~ } ~~ . ~ 7 ,~ • . ~ ` ` . ' ~ 1, ~ ~.- _ _ _ _ f, ~ __ _~~.. , . , ;, ~ ~ .; ~- ~ ~ ' ~ _ ANIMAL CONTROL REPORT AIO~TFi IDIPOUNDED D~STROYED D.O.A. December 69 65 7 .~ .; .1 o s:~- ~ ~ . ,~ Left from November - 10 Carried to January - 0 {_ 1 r ,. , ,;.. . ~, ; s, : :; ; ~ ~ ~ -. , . I r t 1 '~i } _ a t` I .= 1 ;'~. .' r--- I ', ~ s ~ ~ 1 . ~ a ~ ~ ' • ~ t~" ~ ' ~' ,~ ~ 4 ' ~'~ ~ i M _ :~ ~~ ~. ~i ~ '' ' i ~ ~ I 6 iN j,'; f: r }, f - ~ ( I. 1 ~ ~ ~ ~ ~ ADOPTED CLAIMEf) 3 4 J r ~- T~ --r , . -r ~ i KENAI FlRE DEPARTMENT CITY OF KENAI BOX 598 • KENAI, ALASKA 99611 •~~NP~ January 11, 1980 KENAI FIRE DEPARTMENT 1979 ANNUAL REPORT ::' <<_! ~ ~ l.. '.'.°.; ~ :': rit FIR[ CMILI The total dollar loss for 1979 was slightly higher than last year, showing an estimated $106,550.00 loss for 1979 as com- pared to $103,990.00 for 1978. These figures are really not too bad when you stop and consider that one house fire could easily amount to $80,000.00 and up by itself. Another fact that must be considered is the amount of service that we are trying to provide to the community has increased and put great- er demands on all aspects of the Fire Departinent. Our inspection program has been accelerated and has made very substantial improvements. Our over-all training activities are still improving, although we still have a ways to go; the Multi-Company drill concept is in use and has given all our people a much better working re- lationship. We were visited by the rating engineer from ISO, the first part of August, but have not been notified of our grading as of this date. We did write and ask where we stood and were informed that the preliminary work was completed and that the schedule was before the review board. The only comment the rating en- gineer made durinq the inspection was in the area of manpower. He said he thought we were critical with the amount of ambulance responses made that completely depleted our on-duty crew, plus many times utilizing our call-back personnel. ~ ~-~ ---- - . / ' s"t. " ?- +r _~ _ .,r _~ _ ` paqe 2 1979 ANNL'AL REPORT continued: There is no question that we are undermanned for the services we are attempting to provide. Vle are in fact, only providing token fire service with our three man crews. A three man en- qine company is only effective if all circumstances are favor- able. It does not allow for any contingency or exceptions such as equipment malfunctions, alarm delays, heavy traffic, snow or extreme cold temperature, and only if the fire is either still in it's incipient phase or confined to a very small area. This same three man engine company is also required to play a duel role and become highly trained Emergency Medical Technician's who can skillfully handle any type of cardiovascular, gastroi- testinal or orthopedic injury under the most adverse conditions imaginable (like under the seat of a smashed vehicle at 30 degrees below zero). It is not reasonable to expect the same men who are battling a fully involved house fire in sub-zero weather, with frozen bunker gear and half frozen fingers, to drop their hoses and respond with the ambulance to a pulseless, non-breath- ing patient or someone in cardiac arrest and still be effective. Our people are dedicated and more than willinq to try-but we are limited in numbers to how much we are able to do. ~9e have tried to strike a happy medium with our emergency medical training somewhere between the EriT ZI level and full Paramedic-even with this, we are finding it most difficult to maintain the constant training and re-training necessary to hold our certification and still cover shifts and maintain our routine operations. We are also charged ~~ith the Crash, Fire and Rescue operations at the Airport, which is another specialized field that we are required to cover; our biggest concern is our inability to hand- le an emergency in all three response areas simultaneously; it could happen; it does happen and it will happen here, one day, we do not have the manpower to handle it. Our equipment is all being upgraded and the oldest pieces scheduled for replacement as funds are availarle. We have re-painted and repaired Engine #1 this year and hope to keep it on line for several more years. We have been quoted an early February delivery date on the new Squad truck which will give us a much needed heavy duty rescue supplement. , ~ ~~~ ~. _~- ~ ~ parisons and training records for the year ending Decem er 31, 1979. Respectfully, Kenai Fire Department ~ ~ t r~c'~~.G ~~ ' ~=t.-> Walter A. Winston, Fire Chief . -- T -v--~ -~~- - r ~s - ~ _ i--- -;- ~~"~~ 1L~ ~' • - 1 , ~ . ,~ page 3 1979 ANNUAL REPORT continued: ~ ~ The outside trim and apparatus doors were repainted this ~ summer to dress up as well as help maintain the exterior of the Public Safety Building. The following attachments reflect our present manning table, our projections for next year, our response statistfcs, com- b ~ ; ', ~_.--- - - _ - - ~- -- . ~ ! %' ~- ~ . - _:~ ,~.:o.:.~..: + , ~ ,, ; - ~ ~ .. ~ '. ~. ~ , .'-'~ ' - • lf- r . ~ ~ ~ ,~ _ t ~ ,~:. . . . ~~ ~ • ' '.~ . - ,~ , .' -. . • ' ' ; . • . . , . z 1980 MANDiING TABLE • ~ . , ~ . . . , • _ , WITH ~ ~ ~ • - • PROPDSED ADD~TIONAL PERSONNET, ~ .•' - " ~ ~ KEAtAI FIRE DEPARTMENT _ ~ . ~ • - CHIEF - FIRE MARSHAI:. ' ASST. CHIFF ~ ADMIN. SECRETARY. ~ oode Investigation ~ ' - : . ~ - . ~a~. FZRE PREV. SUPPLY - . . ~ . • ~ CAPTAIN CAPTATN ' CAPTAIN ' - . . TRAININ6 • .. EMS MAINTENANCE . . - i - ~ ENGINEER . • ENGINEER . ENGIATEER ~ ' F/F ~ F/g - • F/F . ~, ~ . ___.___~ .. . ~ : =~1__ ~~ ~ . ~: ~ . ~~ ~ . . ..~ .. i . f ~ r -- -T' ; - -~-•-- =~, . . ~ ,~ ' ;~._ i F/F i ~ ~ F'/F : ~ _ • . ~F/F ~ . ~ ~+---------~ ~~---- --% • :..- -,; ' . ;': ~ i _ . ------- . . ~ _ ~---- ~-- - , . - . j , i.._ F~~ . ~ . - _ .r ~ i-- -a~ '-~~--1t `~.~' , ~ _ _ _ _ ---- - _ -~_ _ _ _ _ , __ _ ___ _ -~ _ _ _ _ ~ r .~- -T - .. -~ f . ~ ~ ` ~~ , _ . . . ~ . .••' : ~ • i . + . -+. ' . • • : . ~ ' • •~`~ .. . . , . . •i .. . • • - . ~ ` •• ] ~ ' . '. .. ' _ . , . , '. ~ • t . , • , . - . . • .. . '. - . : . . . ~ . ~ . - . • ~ • ', • ~ , . ~ : : • - ~197-9• MANNIN6. TABLE . . . • • ,. '- .. . ' ..~.. - -.-. :i~ ~.. ~ f' - • - - - _. _ _ -:-- •= . - ".:~: = : _ _ :/ . - t ' . • ]:ENAI FIRE DEPARTMENT • - . ~ . ~ . _ • - . .. . . . . ~ . . . .. : -_ ~:+ ' . . _ . . ' • ~~ . ' _ . : ' . -~ • ~'." . _ . • . . . . . . . • . • - • . ~ • . .." . _- ~. ' • - , . . _ , _ ~ ~ • , - - . _ '.. • CHIEF . . • ~ - . --- • _ , " ' • _ . , . ' ~ . . ~ ~ '. ._ .. ' . .~ .~~f' ~ y . ... : : . . . . . .. . . _ . . . . `- !~~ . . • _ . . . - - " ' , - . . . . • . . ._ . . . . . . ' . . . . ~ ~ - - - - - ' . r. . . , ~ ~ . . ' . ' . . ' • ~ , . , • , • . FZRE MARSHAI:. ' ST. CHIEF • ADMIIZ.. SECRETJiRY .. I . . • _ ~ • f . . . - - - . • •• ••- - _ "': •~ ' " . ' . - . ---- • - -- . . _ . • . ~ ~ • ~~ T. ~ . . " x1e . . - - . . . . - _ .- . . ~ ~ _ . . . . . . . . . , zfaroe. i ' - FIRE PItE4. ~ • ~ SUPPLY ~ . . - . . . ~. _ - -• . ~ .. _ .. _ . . _ • . - . . ~ . . . , .- : , .. .. • • . _ . . , ., . , . . . ~ . . . . . . . • - - ~ CAPTAIN ' . CAPTA72J ' . .- - - - ~ CAPTAI2~I . • . , . . _ . . - -' . TRAINING - .. EMS • . MAINTENANCE . . ' - .- ~ ~ . . - . I~ ~ . . _ ~j . -- '1 ENGDJEER . • ENGINEER . ENGINEER : ,I - . , ' I _. , ' ' _ ' . . - . • ~ ,. . - _ . . i ~/F . . • ' F/~ • , I • . . . • . . g/F ~ . - . ~ , _ ._ ' . _ !~_~_ .. . _ .. , ~~ _. .. • , ' ~ r - -~ -- ~ j---~- --.--t' . .- ~~f:-.L_._._ ~ ~ ~ - . . . ~ •~ .~ . . • - - • .. ~ A • ~ . • ' . ~ . 3 ; '~ .~' ' • ' . . . ' --- - ~•- ! . . ~ " • ~ --_ ~ ~: .. _ .. - . .' - ~-------~.1 i'.. - .-= '- . :.._- - ---} ' . . t ; ~ - . ~ . ~ . ~ : . ~: . .;---.-~.1.~.- _, . ~. ~ ~.. . . . ~ . . ~- ~ ~ : : : . . . .. . . . _ .-. ; . . . . - . .. . . - . _~ ~ ~ I . . ~ : . . s_~.~~-.:.:_. ~ ~ . . ~ . -- . . . ~ . - . ~. ~~. ' ~'t II • • ~ • - ~ • -~ ~=%T • , _ ~ . • . - , ~~7'1 •~(~i .= ~E, ,~ . . • ' . • . , ~ 'Tl,~ ~~ . . • . ~ ' . . . ~ r 1 " <, `~ - . . . • ~ . . • • ~ - - I • . , ~ . .. .I • • , . , ~ -~ ~, ~ ~ ~~ ~ - -_ ~ r _ -,.- ~ ~ . T ~ ~ ---~w- i ' _ _ . . . _ - - - - --- ----- - -- ~ - - - ~ - - . . ._._.. ._._-_ _ . . _ ~.r.~ ~~~ . . . ~ j unica~~t .e.~ ue ~ ~ - ~ a~ ~ ---~. v . ~ ,, o~ ~ - - ---_ -. - D O -~-- ° C'~~ ~~~ ~ IAN 1 ~ , ~ r~ ~~~~~.~ ~ ~~''~~=~~~ --=< a ~I.EC~lS~ATIVE BULLETIN ~ Ig Janaury 28, 1980 TELECONFERENCE NOTICE: There will be teleconferenced hearings on the package bills inLroduced at the request of the Community and Regional Affairs Committee Interim Joint Local Government Study. Legislation composed of seven bills was introduced jointly by the Senate and the House, Monday, January 21, 1980. Th~ ~. complete package consists of Senate Bills 348, 349, 350, 351, 352, 353, 354; or ~ House Biils 580, 581, 582, 583, 584, 585, and 586. The dates and the times of the hearings are listed below and the legislative teleconference network locations are listed on the following page: i ~ ~ ~ . . ~. : i` ~ ~~ ~i ~: ~~ ~ ~ T. ~ ; ~ I ~ February 6, 1980 / 8-iQ amr Juneau time Southeastern Alaska - Ketchikan and Sitka February 7, 1980 / 1:30_pm, Juneau time First round grouping: Soldotna, Anchorage, Fairbanks, Kodiak and Valdez Second round grouping: Dillingham, Bethel, Kotzebue and Nome For your additional information all the Senate bills in the package were assigned to the Senate Commur-ity and Regional Affairs Committee, with a referral to the Finance Committee. The House bills in the package were assigned as follows: HB 580 - CRA $ Finance; HB 581 - CRA; HB 582 - CRA F, Finance; HB 583 - CRA ~ Finance; HB 584 - CRA F Judiciary; HB 585 - CRA; HB 586 - CRA. ~,~ . • t ~ _ ~~ ~'~ ~~;~P• LE6ISLATIYE AFFAIRS A6ENCY • Otrision ot Pub11c Services - ~ LE6ISLATIVE ?ELECOHFERENCE NEIWORK . .. ............ SITE ........................ CONTACT ................... TELfPHOtiE ....................... LTN LOCATION .................. W1IlING ........................... OY SI7E EQUIPMENT . . ............ PERSON ........................ Nu8E0.S ................... ....................... ADORESS .................. trt ....... LTN ..... Basis ......... X400 ...... X200 ..... AKCHORA6E Kathi 8altes 218-3668 wic. leg Into. Office l~c/o X X x X X 1024 M. 6th Ave. ltnchoraye 99501 LA11 Bi{RRpi N~SOSL~~yoPe Borough Rooa LTN t/0 X X Ba~rar Barra+ 99123 BEIHEL Yally Richardson 543-3541 nk. leg. Info. Oftice LT[1 c/o X X X X Kuskawt~ Inn Mnex P.O. Box 886 543-3397 h~. 8etbe] Bethet 99559 LA32 OILLIN6NAM Oorothy Lanon 842-5319 rt. Caobined St F~aitfty LTN c/o X X x % Otd Court Roo~ Pouth 229 842-56b7 ho. Otliiryhat~ DtlitnqlNm 99576 LA34 FAIABAIYCS 7rudy Gin 452•4418 wk. Le9. Info. Offlce LTH c/o X X X X X M~ucine Yattan 101 Cotteqe Rd. s~e eldg. f. R~. 252 iairbanks 49701 W121 Jt~tEAl! Stauc Pt~awer. ~65-3836 r1c. Leg Telecanf Oftia L?N c/o % x x X X coordinator Gpttol. R.. 30 Pauch It ~ebo~ 6~saray~ '~r fi - Jwieau Jwteau 99811 JA01 1~EtiAI Rtwd~ Et4~r 262-4441 wk. Leg. Into. OffSce LTN c/o X x X X pE11INSULA Cordovt Bldg. iba 4 P.O. Box 3280 262-9364 ho. Soldotna Soldoina 99669 1A60 t(ETCNIKAU SanQ~r Yertdte ~ ~~~~ 225-9675 rk. Leg. Into. Offfce 413 Mafn. Ra 301 LTN c/o s~e X X X X ~ ~ Y25-6740 hl. KetChlkan 99901 JA02 KODIAK Muy Jo Stsoas 486-4881 ~rk. KoQiak Borouyh 81dy. LTH c/o X X X X tao. 314 P.O. 8ox 668 486-4890 tw. Kodiak Kodtak 99615 LA61 KOTZEBUE Mary StAaMfer Gmflle 2aChares 442-3880 wk. Esktero Bldg . Rm S 333 Front St. L7H c/o P.O. Box 667 X X X X Kot~ebue Kotsebue 49152 LA33 NpE Bob Swtt 443-5555 rk. St. 81dg. 2nd F7. LTH c% X X X X Conferente it~. P.O. Box 1630 443-2505 Na. Naae Nooe 99762 LA31 SITKA CN~~11~ 8lckenheuse~ 747•627G wk. Leg. Into. Oftfce LTN c/o X X X x 2l0 Lake St. P.O. Box 731 747-6263 hm. 51tka Sitka 99835 JA04 YAt.OfZ MuniNpe1 Btdg. LTN c/o X X Council ChamOers Yaldez ................................................................................................................................ • 1/2/! ~--- --~ / _+'7~9G~IOSr~-- - f ~ • - ~ COr4fITTEE ACfION 1-- . :.. -~~ - r .~'~ CSSB 204 am H- Public Utility Rates - Qn January 23 the House failed to recede from their amendments. A Free Conference Committee was appointed: Representatives Brown, Miles and Halford; Senators Ferguson, tlohman and l~iulcahy. HB 534 - Public Safety Participation in Ai9S - The State Affairs Committee recom- mended a committee substitute and the bill was referred to the Finance Committee. HB 535 - Appropriation for HB 534 - The State Affairs Co~mnittee recommznded do pass and the bill was referred to the Finance Committee. HB 536 - Appropriation for HB 534 - The State Affairs Committee recommended do p ass and the bill was referred to the Finance Commitiee. SB 292 - Fiscal Notes for Regulations - The Finance Committee recommended do pass and the bill was on the calendar January 24, where it was amended and passed 16-0. It has been referred to the House Finance Committee. HOUSE BILLS HB 605 - Municipalities Participation in the State Benefit Program - Introduced January 23 by riiller and Duncan, this bill allows municipalities which have never participated in, or which have withdrawn from participation in the federal social security program to participate in the state's benefit program. It has been referred to the State Affairs Committee. HB 609 - Senior Citizens Property Tax Equivalency Payments - Introduced January '` 24 by the Rules Committee, this bill raises the rate of pmperty tax equivalent - percentage for senior citizens from ~$ per mil to 1% per mil. It has been referred to the HESS Co~9.ttee. HB 615 - Senior Citizen Motor Vehicle Exemption - Introduced Janvary 24 by the Rules Committee, this bill states that one motor vehicle owned by a resident 65 years of age or older on January 1 of the assessment year is exempt either from taxation on its assessed value or from the registration tax. The state shail reimburse the city or borough. It has been referred to the t~SS Committee. HB 622 - Property Tax Credits - Introduced on January 25 by Phillips and 20 others, this bill allows for income tax credits for property tax payments or 1% of rent payments. It has been referred to the State Affairs Committee. SENATE BILLS SB 342 - General Obligation Bonds for ~Yater f Sewer - Introduced on January 18 by request of the Governor, this bill provides $25,520,000 for water and sewer bonds: Village Safe Water Construction Grants -$2,520,000; Urban IYater and Sewer Construction Grants -$23,000,000. It has been referred to the Finance Committee. SB 348 - Division af Unorganized Borough - Introduced on January 21 by the Rules Co~mnittee, this bill provides for division of unorganized borough into unorganized boroughs to accomodate the delivery of services and programs by state agencies. Establishes a set of boundaries for use by all state agencies. It has been referred to the CRA Committee. • ~ -~ -~- ~ / ~' ; " ' . -~ -~ ~ _ _ . T ~ _ r r ~.~ ~ ~ ~ SB 349 - Planning Assistance for Unorganized Boroughs - Introduced January 21 by the Rules Committee, this bill provides that the Commissioner of Community and Regional Affairs may contract for the preparation of a management program of an unorganized borough with a municipality or a group of municipalities or a nonprofit corQoration, and can pay up to $25,000 plus $25 per capita for each person residing in the unorganized borough. It has been refened to the CRA Committee. SB 351 - State Aid to Local Governments Introduced January 21 by the Rules Coum~attee, this bil.l provides for an additional ~25,000 adjusted to include an area cost-of-living differential to each city or organized borough. It has been referred to the CRA Committee. SB 3S2 Fiscal Note - Introduced January 21 by the Rules Cm~ittee, this bill states that for bills affecting a municipality, the Department of Community and Regional Affairs would be required to prepare a fiscal note on the expenditures or appropriations by that municipality. It has been referred to the CRA Committee. SB 353 - Second Cla.ss Boroughs - Introduced January 21 by the Rules Committee, this bill allows a second class borough to adopt a home rule charter. It has been referred to the CRA Committee. SB 354 - E13minating Third Class Boroughs - Introduced January 21 by the Rules Committee, this bill eliminates all reference to third class boroughs in Title 29. It has been referred to the CRA Committee. SB 360 - Tax Eu~emption for Disabled Vets - Introduced January 24 by Sumner and Hackney, this bill allows for exemption from taxation of the assessed value of real property for a disabled veteran which is the same as his/her percentage of disability as established by his/her service disability rating. State will reimburse mtmicipalities. It has been referred to the CRA Co~ittee. ~~. ,~_ ~ ~ ~: . .{ ~ r F ~ r ~ ~~- ~ , ~~ ___ ~__ _ __ _ .- .~- ---- --~ , - ,--- ---~.r~ ~ T0: Charles Brown, Acting City ~fanager FRO~f: Richard Ross, Chief of Police SIIBJECT: Short-term Airport Parking DATE: February 6, 1780 In response to ordinance 549-80 up for consideration on 2/6/80 the following information is submitted in contention that the proposal is ur-workable: 1. Vehicle registrations are approximately 3 months behind leading to built in problems of inaccuracy (i.e. recently purchased vehicle, vehicle borrowed, etc.) 2. Ho~~r are calls to be verified for legitimacy? What reasons will be vaiid (i.e. hospital, flight over booked, not fly- ing at 9 pm - flew at IO pm, can't make it to Airport in Anchorage, etc.)? 3. Actual and alleged mistakcs with subsequent litigation and costs to the City. 4. Disputes over placement and reception of calls. I would submit that no enforcement would be better than tirhat could becvme highly discretionary and even arbitrary enforcement. Over a period of time as shifts rotate different individuals, dispatchers and officers, each would be making these value j+sdgements from different perspectives. Present impound policies have resulted in much public dissatisfaction which is primarily directed at and ~elt by the Police Department. Instead of alleviating this problem, I believe the proposal would only increase it. I~fore allegations, than in the past, of iinfairness would result. ~ ` --~ Richard A. oss --- RAR/lo / ~ ~ 1 l , _.~<= = ~---- -- -- ~ __ _ _ ~ -~ _ __ _ __ _ __ _- _ _ _ _ ~ ~ _ _ T r =~ _ ~ / ?:.: -r .r.~ . ~ - ~ . -~d' ~ o- ~ ~ ~- 6 -~'o - ! ~ - / ~'~ R ~~ ~ ~ ~ ~ _ ~ . ~.~~~/~yy~~ ~ ~~..~.. ~ ~ ~ 7 ~ ~ (/ n I ///~ I/ / ~7 ~~//jj,,,, n i ~~ / /~/~~v `...'•z^ ~7~~J~~JG.~.1l~ ~ I ^~ i' A ~ N ~ ,/Q,,,.~~( / ~ ~~~ ~ , ~ , . ~~ : ~-~ ~ - ~ j - ~, ~~- ~~ ~~- ~ , ~'~ . ~ ~~~ ~~~:-o ) ~.. ~.~,~ ~ ' ---- . Z.~.,~~-- ~.~- ~ . 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