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HomeMy WebLinkAbout1980-03-05 Council PacketCOUNCIL PACKETS llqeo MARCH Kenai City Council Meeting Packet March 5, 1980 AGENDA KENAI CITY COUNCIL - REGULAR MEETING MARCH 5, 1980 PLEDGE OF ALLEGIANCE OATH OF OFFICE - DICK MUELLER A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance 552-80 - Increase Harbor Commission funds, $3,000 C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Joseph Vittope-Liquor license on Daddy's Money 2. Richard Kochanuski-Renegotiation of terminal lease for Daddy's Money 3. Dick Morgan -Recreation Commission 4. Carmen Gintoli: (a) Presentation of Model of City Hall; (b) Kenai Peninsula Community Care Center Lease D. MINUTES 1. Minutes of Regular Meeting of February 20, 1980 E. 1. Letter from Tyler Distributing F. OLD BUSINESS 1. Election of Councilperson. 2. Notice of rehearing on selection of City Manager G. NEW BUSINESS 1. Bills to be paid, Bills to ratified 2. Requisitions Exceeding $1,000 3. Ordinance 553-80-Increase of topo mapping by Soil Conservation Service 4. Resolution 80-20-Accepting bids on Electrical Door Opener and Engine Analyzer S. Resolution 80-21-Award of bid for Electric Door Operator 6. Resolution 80-22-Award of bid for 30KW Generator 7. Resolution 80-23-Award of bid for 1/2 ton Pick Up J AGENDA MARCH 5, 1980, Page 2 , 8. Resolution 80-24-Award of bid for Asphalt Recycler 9. Resolution 80-25-Award of bid for Dump Truck 10. Resolution 80-26-Award of bid for Welder 11. Resolution 80-27-Award of bid for Engine Analyzer 12. Resolution 80-28-Supporting Andy's Flying Service to obtain permanent authority to operate between Kenai -Anchorage 13. Resolution 80-29-Transfer of funds -Public Works Department, for transportation costs 14.. Resolution 80-30-Award of bid -,City Manager's Car 15. Council on Aging Grant Application 16. Union Oil Drilling Permit 17. Proposal -Harbor Study 18. Periodic Billing -Progress Report #10-Ch2M Hill 19. Carmen Gintoli - City Hall -Monthly billing-60% completion-$7,400 20. Discussion -Airport Electrical Proposal H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning Commission 7. Kenai Peninsula Borough Assembly S. Harbor Commission !.. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I� r ADJOURNMENT ^c� .sue_ F i. 3y A µ �VU Boom 1XIMEN FAAMENERVA 'HBO iii iirmii��i�i��a°��immommommomemommo�� y CITY OF KENAI ORDINANCE NO. 552-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAL FUND BUDGET FOR THE HARBOR COMMISSION. WHEREAS, the Harbor Commission has expressed to the City Administration and to the City Council that more monies are needed by the Harbor Commission for the remainder of 'this fiscal year, and WHEREAS, proper accounting practices require that all ap- propriations of City monies be made by Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that estimated revenues and appropriations in the 1979-80 General Fund Budget be increased as follows: Increase Estimated Revenues: Contribution from Fund Balance $3,000 Increase Appropriations: Harbor Commission -Office Supplies 200 Harbor Commission -Transportation 2,500 Harbor Commission -Books 200 Harbor Commission -Miscellaneous 100 3 000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of March, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance:C*.e First Reading: February 20, 1980 Second Reading: March 5, 1980 Effective Date: March 5, 1980 N DADDY,S XONEY EXPANSION FIG.1------- existing lounge FIG.2------- lounge expansion FIG.3------- bar remodeling and store room expansion Completion date -------- June 1,1980 71 o ;. ./ f � � j ��•. .�A ��. l i'Mils: '.�/ .t _ - _ f•2r fir.- •_..r .R �'�` / /'` - r � �� -' `•♦ I l 'ter; „ l �• ,' 1.� y !I' :Fvt ---�. ; . _ .J•� �.� - r� ';.� t{ ..� {lam( \1 i�� • j Ind• A/:� Ix. �l `i I A6 66 ......... I s LEASE OF LANDS OR FACILITIES THIS AGREEMENT, entered into this day of • 19 , by and between the CITY OF KENAI, City Hall, P. O. Box 580, Renai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City," and MMAT AFNTNSflTA (YlN(HT �TTV (`A RR C`FNTFR nRAWAR 1571� , N.PNATF _st nauA o4611 hereinafter called ^'Lessee.' That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the following described property in the Kenai Recording District, State of Alaska; to wits - S Tract B, Park View Subdivision located with B.L.M. Lots 128, i 152-156, (All within the NE 1/4) Sec. 6, T.5N, R.11W, S.M., City of Kenai, Alaska. A. PURPOSE: The purpose for which this Lease is r; issued is: residential Community Care Center 99 B. TERM: (1) The term of this Lease is for a years, commend- on the day of , to the day of , at the annual rental oTT— 3'001.9 (2) The term of this Lease may be extended by Lessee for successive periods of years each, by giving written notice to the Lessor not less than six (6) months prior to the expiration of the then existing term. Each extended term shall be on the same terms and conditions as provided in this Lease for the initial term. Lessee will not be permitted to extend the Lease beyond the extended term. Any termination of this Lease during the initial term or during any extended term shall terminate all rights of extension hereunder. C. PAYMENT: Subject to the terms of General Covenant No. 9 of tfi s—Lease, the rental specified herein shall be payable as follows: (1) Right of entry and occupancy is authorized as of the day of , 19 , and the first rent shall be comput- etc -from suc ate unt 1 June 30, , at the rate of $ per day for days, equals now. ue. (2) Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month there- after. (3) Rental for any period which is less than one (1) year shall be prorated based on the rate of.the last full year. (4) The rent specified herein is based on a rate Of 68 of fair market value and is calculated as follows: 58,065 square feet at S .usv per square foot per year, or $3,001.96 per year. LEASE - Page 1 INITIALS REVISED 2/13/80 LESSEE: LESSOR: • Y (5) In addition to the rents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate parties levies, assessments, and charges as hereinafter provided: (a) Assessments for public improvements now benefiting property in the amount of $ none (b) Taxes pertaining to the leasehold interest of the Lessee. (c) 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. 1, (d) Lessee agrees to pay all taxes and assess- ments levied in the future by the City of Kenai, aq if Lessee was considered the legal owner of record of the Leased Property. (e) Interest at the rate of eight percent (84) per annum and ten percent (10%) penalties on any amount of money owed under this Lease which is not paid on or before the date it becomes due. (f) i�il.li•:.. .,... �vn j--R-iA}-r--..�-SQt fn�*h A D. GENERAL COVENANTS: 1. USES: Except as provided herein, any regular use o lands or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, such as passenger terminals, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIBITED: Solicitation of donations or the promos on or operat on of any part or kind of business or commercial enterprise, other than as specifically set forth herein, upon, in or above aft lands,'without the written consent of the City is prohibited. 3. ASSIGNMENT: (Not for collateral purposes) Lessee with City's written consent, which will not be unreason- ably denied, may assign, in whole or in part, its rights as Lessee (Leasehold Estate) hereunder except assignments for collateral purposes will be allowed pursuant to the provision of paragraph 33 herein. Any assignee (except assignee's for collateral purposes, which will conform to the provisions of Paragraph 33 instead of this paragraph) of part or all of the leased premises shall assume the duties and obligations of the Lessee as to the such part or all of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. SUBLETTING: Lessee may sublet part or all of its interest in the leasehold premises without prior City approval, except that Lessee agrees to send a copy of his executed sublease to the City within 10 days after its execution. In addition, all subleases are subject to the terms and conditions of the main lease, and no subletting shall affect the obligation of the Lessee to perform all of the covenants required to be performed by the Lessee herein. 5. TREATMENT OF DEMISE: The Lessee agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiratio: LEASE - Page 2 INITIALS Revised 2/5/80 LESSEE: LESSSOR: 59 a rI -t . , -M- of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENT: Checks, bank drafts or postal money orders shall be made payable to the City of Kenai, and delivered to the City Administration Building, Kenai, Alaska. i. CONSTRUCTION APPROVAL AND STANDARDS: Building construction shall he neat and presentable and comp -a ble with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall be approved in writing for all permanent improvements. 8. DEFAULT - RIGHT OP ENTRY: Should default be made in the payment of any portion o the rent or fees when due, or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force, then in such event the City shall give Lessee thirty (30) days after such written notice to cure such default or defaults, after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, remove all persons therefrom. 9. RENT ESCALATION: In the event this Lease is for a term in excess of five (5) years, the amount of rents or fees specified herein shall, at the option of either party, be subject to redetermination for increase or decrease based on the percentage rate (set in C4 above) of fair market value at intervals of five (5) years from the 1st day of July preceding the effective date of this'Lease. No increase or decrease in the amount of rents or fees shall be effective, except upon thirty (30) days written notice. 'Pair Market Value is defined as "the highest price estimated in terms of money which a property will bring if exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of all the uses to which it is adapted and for which it is capable of being used." -At each five (5) year interval, the City will have the fair market value determined by a qualified independent appraiser. The redetermined lease rate, annual rent, under this provision shall be limited to a fifty (500) percent increase in the prior lease rate until the 30th year anniversary of the lease after which the 509 cap provision shall no longer apply and the lease rate shall be redetermined every five years on the basis of fair market evaluation as indicated above. If the Lessee does not accept the above appraisal as the fair market value as of July 1 of the redetermination year, Lessee shall give notice to City of such refusal within 10 days after delivery to Lessee of the appraised valuation and the rental rate derived therefrom, and within 10 days after such notice of refusal, the Lessee or the ;epresentative of the Lessee will meet with the representative of the City to select an impartial appraiser from the regular Alaska membership of the Society of Real Estate Appraisers or the American Institute of Real Estate Appraisers, or the successor body of either group who has been properly designated M.A.I. or S.R.E.A., or S.R.P.A., or any future similar designation which denotes proficiency in the appraisal of commercial property and is recognized as such by either of the above two groups or their successor bodies. LEASE - Page 3 INITIALS Revised 2/29/80 LESSEE: LESSOR: y If the City and Lessee cannot agree on an appraiser as above provided, the City and Lessee shall each submit the name of an appraiser from either of the above groups who holds any of the above -required designations but who has not rendered an c; appraisal on the property subject hereto within one year prior to selection, the names will be placed in a container, and one will be drawn by lot. The parties hereby agree that the appraiser agreed upon or so selected will be retained for the redetermination appraisal, that each party will pay one-half of the fee and expenses of the appraisal, that the appraiser will be informed that he or she is being jointly retained by the parties, and that the appraisal rendered will be binding on both parties for that specific redetermination of rental rate. , 10. LEASE UTILIZATION: Leased lands shallbeutilized for purposes within the scope of the appliggation (made a of this Lease hereto) part and attached the terms of the Lease, and in conformity with the ordinances of the City and Borough, and in substantial conformity with the comprehensive plan. Utilization or development for other than the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved an are lease on an "as is, where is" basis. 12. PROTECTION OF AIRCRAFT: No building or other permanent structure shall be placed with n fifty (50) feet of the property line fronting a landing strip, taxiway, or apron without the written approval of the City. This area shall be used for parking aircraft only. -y 13. OFFER TO LEASE ACCEPTANCE: The offer to lease is made subject to applicable laws and regulations of City, and may be withdrawn without notice at any time after thirty (30) days from submission thereof, unless within such thirty (30) days the Lessee executes and returns the lease to the City. i 14. UNDERLYING TITLE: The interests transferred, or conveyed by this Lease are subject to any and all of the covenants, terms or conditions contained in the instruments •`; conveying title or other interests to the City. 15. RIGHT OP INSPECTION: City shall have the right of all reasona Ie t es to enter the premises, or any part thereof, for the purposes of inspection. %.t 16. INSURANCE: Lessee covenants to save the City harmless from all actions, suits, liabilities, or damages resulting from or arising out of any acts of commission or omission by the Lessee, his agents, employees, customers, invitees, or arising from or out of the Lessee's occupation, or use of the premises demised, or privileges granted, and to pay all costs connected therewith. In this connection, the Lessee agrees to arrange and 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/s100,000. LEASE - Page 4 INITIALS REVISED 2/29/80 LESSEE: I LESSOR: 0 W .= 0 (b) Lessee agrees to carry employer's liability insurance and Workmen's Compensation insurance, and to furnish a certificate thereof to the City. (c) Insurance contracts providing liability insurance and Workmen's Compensation shall provide for not less than thirty (30) days written notice to the City of cancellation or expiration or substantial change in policy conditions and coverage. t (d) Lessee agrees that waiver of subrogation against the City shall be requested of Lessee's insuror, and flu.: shall be provided at no cost to the City. (e) 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 othetwise shall not operate to limit or void the coverage of any one named insured as respects claims against the same named insured or employegs of such other named insured. ' (f) The insurance procured by Lessee as herein required shall be issued in the name of the Lessee and the City by a company licensed to do business in the State of Alaska, and shall contain endorsements that (1) such insurance may not be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company; and (2) Lessee shall be solely responsible for payment of premiums and that City shall not be required to pay any premiums for such insurance. (g) The amount of insurance coverage required i above may be subject to review for increase at each five (5) year renegotiation of the Lease. 17. ACCOUNTING OBLIGATION: Lessee as Earn s an annual sworn statement s business receipts and/or an rn nt of the number of gallons of fuel and oil sold any ate or statement to substantia computation of rents or ee , in reports er governmental agencies. 18. COLLECTION ON UNPAID MONIES: Any or all rents, charges, fees or other consideration whrch are due and unpaid at the expiration of voluntary or involuntary termination or cancellation of this Lease, shall be a charge against the Lessee and Lessee's property, real or personal, and the City shall have such lien rights as are allowed by law, and enforcement by distraint may be made by the City or its authorized agent. 19. EASEMENT GRANTS'RESERVED: City reserves the right to grant and control easements n, or above the land leased. No such grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and use of any and all parking and loading rights, rights of ingress and egress now or hereafter appertaining to the leased premises. 20. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees that C ty may modify this Lease to meet revised requirements for Federal or State grants, or to conform to the requirements of any revenue bond covenant. However, the modification i shall not act to reduce the right!; or privileges granted the Lessee by this Lease, nor act to cause the Lessee financial loss. 21. SURRENDER ON TERMINATION: Lessee shall, on the last day of the term of this Lease or upon any earlier termination of this Lease, surrender and deliver upon the premises into the .� possession and use of City without fraud or delay in good order,.... Jcondition and repair, except for reasonable wear and tear since LEASE - Page 5 INITIALS Revised 3/30/79 LESSEE: LESSOR:- 0 �m the last necessary repair, replacement, restoration or renewal, n free and clear of all lettings and occupancies unless expressly permitted by City in writing, and free and clear of all liens and encumbrances other than those created by for loans to City. Upon the end of the term of this Lease or any earlier termination thereof, title to the buildings and improve ments and building equipment shall automatically vest in City without requirement of any deed, conveyance or bill of sale thereon. However, if 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 herewith. 22. RULES: Lessee shall observe, obey and comply with all applicable rules, etc., of the State or Federal'Govern- ments. 23. AIRCRAFT OPERATIONS PROTECTED - ( a) There is hereby reserved to the City, 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 herein 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 navigation of or flight in the air, using said airspace of landing at, taking off from, or operating on the Kenai Airport. (When plans for improvements pursuant to paragraph 7 are approved by the City, the City to the extent of those improvements releases the easement here expressed.) (b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives, successors, and assigns, that it will not erect nor permit the erection of any structure or object, nor permit the growth of any trees on the land conveyed hereunder, 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, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, or successors, or assigns. 24. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSION: City hereby agrees and covenants that the Lessee, upon paying rent and performing other covenants, terms and conditions of this Lease, shall have the right to quietly and peacefully hold, use, occupy and enjoy the said leased premises, except that any in- convenience 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. 25. LESSEE TO PAY TAXES: Lessee shall pay all lawful taxes and assessments which, during the term hereof 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 in or to the reason of its use or occupancy, provided, however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment i through procedures outlined in State statutes. i 26. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. i LEASE - Page 6 INITIALS Revised 3/30/79 LESSEE: LESSOR: f 9 6: �1 0 27. UO PARTNERSHIP OR JOINT VENTURE CREATED: It is expressly understood that the C ty 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 hereto is, and shall at all times remain that of landlord and tenant. 28. DEFAULT BANKRUPTCY ETC.s If the Lessee shall make any assignment or t e nef t 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 thirty (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 thirty (30) days' notice, terminate this Lease. 29. 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 grounds of race, color, or national origin shall be excluded from participation, 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, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally -assisted Programs of the Department of Transportation-- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; (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 shall maintain and operate 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 Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended; 30. PARTIAL INVALIDITY: If any term, provision, condition or part of this Lease s eclared 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. 31. PAROLE MODIFICATIONS: It is mutually understood and agreed that this agreement, as written, covers all the agreements and stipulations between the parties; and no representations, oral or written, have been made modifying, adding to, or changing the terms hereof, or may be made except in writing, signed by all parties in interest, and approved by the City Council of the City. 1 32. WARRANTY: The City does not warrant that the property which is the sugiect of this Lease is suited for the use authorized herein, and no guarantee is given or implied that it shall be profitable or suitable to employ the property to such use. LEASE - Page 7 INITIALS Revised 1/21/80 LESSEE: LESSOR: --W r F� 33. FINANCING: n (a) For the purpose of interim or permanent financing or refinancing from time to time of the improvements to be placed upon the leased premises, and for no other purpose, Lessee, after giving written notice thereof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, Lessee's interest in the leased premises and in and to this Lease, provided such encumbrance pertains only to such leasehold interest and does not pertain to or create any interest in City's title to the leased premises. If such mortgage, deed of trust, or assignment shall be held by a bank or other estab- lished lending or financial institution (which terms shall include an established insurance 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 encum- brance pursuant to a foreclosure or.other remedy of the secured party, or through any transfer in lieu of foreclo;ure, 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 corporation 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 shall be relieved of any further liability under such lease from any after such transfer. 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 a transfer of such Lease. (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 -mortgage, or the beneficiary 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 address of such holder, and City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice of default shall be given by the City to the Lessee, and the City will not thereafter accept any surrender or enter into any modification of this Lease without the prior written consent of the holder of any first mortgage, beneficial interest under a 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 ex- piration therefor, the City will enter into a new Lease with the leasehold mortgagee for the remainder of the term, effective as of the date of such termination, at the rent and additional 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 twenty (20) days after the date of such i termination and such written request shall be accompanied by a payment to the City of all sums then due to the City under this Lease. I LEASE - Page 8 Revised 3/30/79 INITIALS LESSL:E • _ LESSOR: P (2) Such mortgagee, beneficiary or security assignee, shall pay to the City, at the time of the execution and delivery of such new lease, any and all sums due thereunder in addition to those which would at the time 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. v' - (3) Such mortgagee, beneficiary or security assignee shall, on or before the execution and delivery of such new Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform such conditions. •`" (e) If a lending institution or its nominee or wholly owned subsidiary corporations,shall hold a mortgage, deed of 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 owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditions in such 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 insti- tution, nominee, or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shall assert that the City in unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 34. AMENDMENT OF LEASE: Notwithstanding anything tothecontrary, in order to aid the Lessee in the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary or security assignee under any interim or permanent loan on the security of the lease- hold 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 materially prejudice the City's rights hereunder nor be such as to alter in any way the rental obliga- tions of the Lessee hereunder nor its obligations to comply with all existing 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. 35. CO14PLIANCE WITH LAWS: Lessee shall comply with all applicable lams, ordinances, and regulations of public authorities now or hereafter in any manner affecting the leased premises or the sidewalks, alleys, streets, and way adjacent thereto or any buildings, structures, fixtures and improvements or the use thereof, whether or not any such laws, ordinances and regulations 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: (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. Lessee further agrees it will not permit any unlawful occupation, business or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance or J regulation as aforesaid with respect thereto. - LEASE - Page 9 INITIALS Revised 3/30/79 LESSEE: LESSOR: I ,t. M 0 36. CART: OF PREHISES: Lessee, at its own cost and expense, shall keep the leased premises, all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances therounto belonging, in good condition and repair during the entire term of this Lease. 37. LESSEE'S OBLIGATION TO RrMOVE LIETIS: Lessee will not permit any liens including, but not limited to, mechan- ics', laborers', or materialmen's liens obtainable or available under the then existing laws, to stand against the leased premises or improvements for any labor or material furnished to Lessee or claimed to have been furnished to Lessee or to Lessee's agents, contractors, or sublessees, in connection with work of any character performed or claimed to have been 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 of any such lien or claimed lien., On final determination of such lien or such claim for lien, Lessee will iimnediately pay any judgment rendered with all proper costs and charges and shall have such lien released or judgment sati§fied at Lessee's own expense. 38. 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 agree within thirty (30) days after such an award has been paid into Court, upon what division, annual abatement in rent, and other adjustments are just and equitable, the dispute shall be deter- mined by arbitration provided in Item 39 hereof. 39. ARBITRATION: (a) In the event the parties shall be unable to agree as to any matter provided for in this Lease such dispute shall be determined by three (3) disinterested arbitrators, one of them shall be chosen by each of the parties hereto and the third by the two (2) so chosen. (b) The party desiring arbitration, as aforesaid, shall give notice in writing to the other party of such desire, naming the arbitrator selected by it, and five (5) days after giving of such notice the other party shall select its arbitrator and in the event the two arbitrators chosen shall fail, within fifteen (15) days after their selection, to agree upon the third, then the Superior Court of the State of Alaska shall, on request of the party not in default, or upon the request of either party if neither is in default, appoint within ! fifteen (15) days after such request, an arbitrator, or arbit- rators, to fill the place or places remaining. (c) The decision of any two (2) of the arbitrators in conformity with the foregoing direction shall be final and conclusive upon the parties hereto. The decision of the arbitrators shall be in writing, signed in duplicate by any two (2) of said arbitrators, and one copy shall be delivered to each of the parties hereto. (d) Except as specifically provided for in subsection (a), (b) and (c), the Uniform Arbitration Law of Alaska shall govern the arbitration(s) contemplated herein. 40. SURRENDER: At the expiration of the term � fixed or any sooner termination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. I LEASE - Page 10 INITIALS Revised 3/30/79 LESSEE:. . LESSOR: ! 41. PROTECTION OF SUBTENANTS: To protect the • position of any subtenant(s) hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation, termination, ex- piration 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 the full elapsed portion of the term of the sublease, including any extensions or renewals thereof not - exceeding the term of this Lease, upon the same covenants 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 subtenant shall make full complete attornment to the City for the balance of the term ox su:h sublease so as to establish 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 i 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 . assignment. 42. SUCCESSORS IN INTEREST: This Lease shall be binding upon and shall inure to the ben_ it of the respective successors and assigns of the parties hereto, subject to such specific limitations or assignment as are provided for herein. 43. GOVERNING LAW: This indenture of Lease shall " be governed in all respects by the laws of the state of Alaska. i 44. NOTICES% —� (a) Any notices required by this Lease shall _ be in writing and shall be deemed to be duly given only if deliv- ered personally or mailed by certified or registered mail in a prepaid envelope addressed to the parties at the address set ! forth in the opening paragraph of this lease unless such address I has been changed pursuant to sub -paragraph (b) hereafter, and in that case to the most recent address so changed. The City shall also mail a copy of any notice given to the Lessee, by registered or certified mail, to any leasehold lender (mortgagee, beneficiary of a deed of trust, security assignee) who shall have given the City notice of such mortgage, deed of trust or security I assignment. (b) Any such addresses may be changed by an Appropriate notice in writing to all other parties affected f ) provided such change of address is given to the other parties by the means outlined in paragraph (a) above at least fifteen (15) jy days prior to the giving of the particular notice in issue. is r' 45. RIGHTS OF MORTGAGEE OR LIENHOLDERs In the event of cancellation or forfeiture o a ease or cause, the t holder of a properly recorded mortgage, deed of trust, conditional assignment or collateral assignment will have the option to acquire the Lease for the unexpired term thereof, subject to the terms and conditions as in the original Lease. 46. ENTRY AND RE-ENTRY: In the event that the Lease should be term nated as here nbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands i LEASE - Page 11 INITIALS REVISED 1/21/80 LESSEE: r i - I J I LESSOR: I 0 t 0 or any part thereof should bw abandoned by the Lessee during the said term, the Les::or or its agents, servants, or representatives may, immediately or any tima thereafter, re-enter and resume pos- session 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. 47. FORrrTTURE OF RENTAL: In the event that t1:e Lease should be terminated because -of any breach by the Lessee, as herein provided, the rental payment last made by the Lessee shall be forfeited and retained by the Lessor as partial or total liquidated damages for said breach. 48. WRITTEN: WAIVER: The receipt of rent by the Lessor with knowledge of any breach of the Lease by the Lessee, or any default on the part of the Lessee in observance or performance of any of the conditions or convenants trf 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 enforce any.covenant or provision on contained, 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, or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 49. EXPIRATION OF LEASE: Unless the Lease renewed or sooner term nate as provided herein, the Lessee shall peaceably and quietly leave, surrender and yield up unto the Lessor all of the leased land on or before the last day of the term of the Lease. 50. BUILDING AND ZONING CODES: Leased lands shall be utilized in accordance with the bu lding and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 51. FIRE PROTECTION: The Lessee will take all reasonable precaution to prevent and take all necessary action to suppress destructive or uncontrolled grass, brush or other fires on leased lands, and comply with all laws, regulations and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 52. 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 Adminis- trative 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 com- mercial purposes; provided, horever, that material required for the development of the leasehold may be used if its use is first approved by the City Manager. 53. MUTUAL CANCCLLATION: Leases in good standing may be cancelled in whole or in part at any time upon mutual written agreement by Lessee and the City Council. LEASE - Page 12 INITIALS . REVISED 3/30/79 LESSEE: LESSOR: 54. UNLAWFUL USE PROHIBITED: Lessee shall not allow the leasehold premises to be used or an unlawful purpose. 55. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of Leases does not relieve the Lessee of responsibil- ity of obtaining licenses or permits as may be required by duly authorized Borough, State or Federal agencies. 56. REASSIGNMENT/RELOCATION: Should it be neces- sary to re -assign Lessee to a d fferent area of the airport terminal, the parties agree as follows: At least thirty (30) days written notice, in advance of such reassignment, shall be provided to Lessee. The costs of relocation, including the costs of moving and setting up counter and related facilities, shall be borne by the airport terminal and may, upon the agreemefit of the parties, be subtracted from the monthly rent due by Lessee to the Airport terminal. Should reassignment and relocation be necessary, Lessee shall be provided and afforded equivalent space, in terms of both area and location, as that which it prez.azly occupies. IN WITNESS WHEREOF, the parties hereto have here- unto set their hands, the day and year stated in the individual acknowledgments below. LESSOR: CITY OF KENAI By: LESSEE: (If Lessee is a corporation) ATTEST: T tle STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared CHARLES A. BROWN, Acting City Manager of the City of Kenai, known to be the person who executed the above Lease and acknowledged that he had the authority to sign the same, for the purposes stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 Notary Public in and for Alaska My Commission Expires: LEASE - Page 13 INITIALS REVISED 11/13/79 LESSEE: LESSOR: i CORPORATION ACKNOWLEDGMENT STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared and , known to me to be the persons and officers whose names are subscribed to the foregoing Lease, who being duly sworn, did say that they are the President and , respectively, of Company, a corporation, and acknowledged to me that they executed said Lease as their free act and deed in their said capacities, and the free act and deed of said corporation, for the purposes stated therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 '— Notary Public in and for Alaska My Commission Expires: INDIVIDUAL ACKNOWLEDGMENT(S) LESSEE STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) On this day of , 19 , before me personally appeared , known to be the person who executed the above Lease and acknowledged that he (she) had the authority to sign the same, for the purposes stated therein. Notary Public in and for Alaska My Commission Expires: ACKNOWLEDGMENT FOR HUSBAND AND WIFE STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) Before me, the undersigned, a Notary Public in and for the State of Alaska, on this day personally appeared and , husband and wife, both known to be the persons whose names are subscribed to the foregoing Lease, and acknowledged to me that they executed the same as their free and voluntary act and deed, and for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of 19 Notary Public in and for Alaska My Commission Expires: LEASE - Page 14 INITIALS REVISED 11/13/79 LESSEE: LESSOR: 11 •r. R 7 1 — t — I 1 Approved as to Lease form by City Attorney (Initials) Approved by Finance Director init als) Approved by City Manager in t als LEASE APPROVED BY City Council this _ day of •, 19_ City Clerk ..i LEASE - Page 15 INITIALS REVISED 11/13/79 LESSEE: LESSOR: _ KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 20, 1980 - 7:00 P.M. KENAI PUBLIC SAFETY BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Present: Edward Ambarian, Raymond Measles, Betty Glick, Ron Malston, Vincent O'Reilly Absent: N��v Mayor O'Reilly siade a motion to appoint Mrs. Mary Ann Dore as Acting City Clerk, -paaaa-A by Councilwoman Glick. Council so concurred. I J_ AGENDA: Mayor O'Reilly requested under New Business a "G A" be added entitled "Election of new Council persons." Council so con- curred. B. HEARINGS B-1: Ordinance 537-79 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick to reconsider Ordinance 537-79. Mayor O'Reilly read Ordinance 537-79 by title only. "An ordinance of the Council of the City of Kenai, Alaska codifying into the 1979 Kenai Code the Personnel Ordinance of the City of Kenai as Title 23." There was no public comment. Motion passed with Councilmembers Measles and Malston voting no. City Attorney Delahay explained the proposed amendments to Ordinance 537-79. Proposed Amendment #1 would make an exception to handling disciplinary actions such as suspension, demotion, or dismissal as grievances to be made directly to a Personnel Board selected from an Arbitration Panel. FebLuaiy 20, 1980, Page 2 Proposed Amendment #2 adds two sections to Chapter 23, 23.35.032 "Arbitration Panel" and 23.35.034 Procedures On Appeal." Proposed Amendment to Amendment #2 substitutes a new subsection c that provides a different method of chosing the Personnel Board from the Arbitration Panel. Two methods were set out in the ordinance and City Attorney Delahay wanted to make sure which method the Council would prefer. MOTION: Councilman Ambarian moved, seconded by Councilman Malston to amend Ordinance 537-79 with Amendment #1 and Amendment #2 and in Section 23.35.034 put in the substitute amendment. City Attorney Delahay pointed out that a repetition occurred since the amendment to amendment #2 was accepted. He asked that in Section 23.35.034(b) lines 2, 3, and 4 be deleted all except the word "shall." MOTION, AS AMENDED: Councilman Ambarian moved, seconded by Councilman Malston to amend the motion to delete in 23.35.054(b) lines 2, 3, and 4 except the word "shall." Mayor O'Reilly questioned if the fifth Whereas needed to be changed and City Attorney Delahay said it did not. Motion passed unanimously by roll call vote. Ruby Coyle wished to speak on this ordinance. She was concerned about repealing certain sections of the first Code of Kenai. At the last Council meeting she asked that the minutes of the Council be reviewed at the time the personnel ordinance was passed in 1977. Councilwoman Glick reviewed her minutes and found nothing in the minutes. Has any of the administration researched the minutes of 1977 of any mention of deleting the Personnel Board in the first ordinance which is the operation of the City government? City Attorney Delahay said the City Clerk went through ,.. the minutes for the entire year on personnel actions ;t from the time the City Manager first brought up the suggestion of completing and clarifying the personnel ordinance. The only thing that shows intent is that _. _..: I; "the opinion of the City Manager shall be final." ..� 0 February 20, 1980, Page 3 Ruby Coyle said that since no mention in the minutes of 1977 show deleting an item as important as the Personnel Board would this change your decision? City Attorney Delahay replied no. The Council decision passing the Personnel Ordinance which stated "the City Manager's opinion being final, "that finality would overcome the weight that is placed by repeal by implication. Ruby Coyle referred to the opinion that was sent by the City Attorney which states "to be repealed by implication it has to contain all items that is in the former ordinance." She didn't believe that it would be the intent of this body to delete Chapter 1, "Form of Government," nor to write the personnel ordinance in 1977 by implication covering the subject. City Attorney Delahay stated that all portions of Title 1 related to personnel were repealed by implication. It didn't repeal all other sections not regarding personnel. MAIN MOTION: Motion passed unanimously by roll call vote. B-2: Ordinance 548-80 Mayor O'Reilly read Ordinance-548-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska, amending a portion of KMC 1.56.020 to correct the rules and regulations of library use." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 548-80, amending a portion of the Kenai Municipal Code relating to the library. Motion passed unanimously by roll call vote. B-3: Ordinance 550-80 Mayor O'Reilly read Ordinance 550-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund Budget by $500 to purchase additional library books." February 20, 1980, Page 4 There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, for adoption of Ordinance 550-80, increasing 1979-80 General Fund Budget by $500 for library books. Motion passed unanimously by roll call vote. B-4: Application for Liquor Licenses (a) Daddy's Money, (b) Italian Gardens MOTION: Councilman Malston moved, seconded by Councilwoman Glick that a letter of non -objection be sent to the State of Alaska approving the liquor license renewals of Daddy's Money and Italian Gardens. Motion passed unanimously by roll call vote. C: PERSONS PRESENT SCHEDULED TO HEARD C-1: Rick Baldwin Rick Baldwin, Attorney representing Swearingen & Morgan, and Jack Thompson spoke on the lease renego- tiations. After discussing the lease rates on Lot 10, Alyeska Subdivision for the next 5 years, or until 1983, Mr. Thompson accepted the City's offer. That offer is that Mr. Thompson shall pay 8.4 cents per square foot for the property through 1983 and it will be renegotiated at that time. Mr. Baldwin said that the City's offer was essentially the amount Swearingen & Morgan were prepared to pay. To compromise, Swearingen & Morgan will pay more for the first 5 years than lessees in the same area. When the leases are renegotiated in 5 years, the "cap" rate that benefits all other neighboring lessees will keep other lessees' rates lower then Swearingen & Morgan. As a counteroffer, at the renegotiation period in 1983, Swearingen & Morgan ask that they not be treated any differently then people who leased in 1978 whose leases will be renegotiated in 1983. Only way would be to tie it in with the 1977 appraisal providing Swearingen & Morgan's rates don't go higher than the 1977 appraisal. r February 20, 1980, Page 5 Councilman Ambarian stated that the 50% "cap" is the maximum of the increase. Problem could be less than 50%. By the ordinance, Swearingen & Morgan's could increase 70% at which time the City's general fund would have to put in 20% to the airport fund. We need to look at this through the general funds viewpoint. Any improvements on the property would also increase the value of the land. Attorney Delahay said that the lots Mr. Baldwin were comparing his clients' lot with are different, i.e., corner vs. middle of the block; near vs. further from town. At the present time the ordinance provides a 50% cap for these parties. With this compromise Swearingen & Morgan would be changed to incorporate the 50% cap which would protect them for the next 20 years. Mayor O'Reilly asked if Mr. Baldwin could have a written report prepared immediately to be reviewed at the earliest possible time to avoid the upcoming court date. C-2: DAVE DIAMOND Mr. Dave Diamond, President of Andy's Flying Service, approached Council for support. Andy's Flying Service was awarded the temporary service route between Kenai and Anchorage. There will be a hearing on March 25 and Andy's is looking for support from the public and Council with Alaska Transportation Commission. It is not a question if there will be another service awarded, but who will be awarded it - Polar or Andy's. Andy's Flying Service has been in Kenai since 1955, have terminal space in the airport, pilots and mechanics are employed in Kenai, and Andy's has a good safety record. Councilman Ambarian wanted to know when the next hearing on the award of permanent service would be. Mr. Diamond said that on March 25 the financial status of Polar would be reviewed. At that time if financially sound, Polar would be awarded the service. Councilman Ambarian asked if a resolution giving Andy's support would be sufficient to which Mr. Diamond stated it would be. MOTION: Councilman Ambarian moved, seconded by Councilman Measles that a resolution be prepared supporting Andy's Flying Service for the Kenai -Anchorage route and be presented to Council at the next Council meeting. I February 20, 1980, Page 6 Councilwoman Glick said that when the Council discussed this at a work session Council directed Administration to see if we put support behind Polar some time in the past. Can we go through with the resolution if we have? Acting City Manager Brown could find no evidence of our giving support to Polar in the Council minutes. Mayor O'Reilly asked if a Polar representative should be asked to attend the next meeting. Councilman Ambarian said we need to support the locals. He feels that Andy's can give the required service that we need and doesn't feel any need for Polar to be present at the next meeting. Mr. Diamond stated that Andy's is trying to get the job done and stated that on weather -delay days they can get out immediately as the weather clears while other airlines cannot. Motion passed unanimously by roll call vote. C-3: RUBY COYLE Had no further comments since she spoke earlier. C-4: CARMEN GINTOLI Mr. Gintoli made a formal presentation of what the proposed new City Hall will look like. This is the building as we originally designed it. The rendering was already being prepared when we received estimates and decided to use the Council Chambers as an added alternate. The Council Chambers will be on the side, even though this rendering shows it above ground. As far as estimates, he feels it will be within the budget. The model is under construction and should be available for the next Council meeting. Meanwhile, the rendering was presented to be hung up in City Hall. E-1: Letter from Mike Seaman Council was directed to the letter of resignation from Mike Seaman. F. OLD BUSINESS None I February 20, 1980, Page 7 G. NEW BUSINESS G-A: ELECTION OF NEW COUNCIL MEMBER. Mayor O'Reilly asked City Attorney Delahay to explain the term of office. City Attorney Delahay said that both Council members who resigned had terms of office expiring in 1981. Under Section 29 of the Charter, the Council will appoint members to serve until the election in 1980 at which time a councilperson will be elected to fill the unexpired terms of these members of the following year. Mayor O'Reilly offered the names of Dick Mueller and Victor Hett for seats on the Council. Councilman Malston said that Jess Hall has also expressed desire to serve. Mayor O'Reilly said that Mrs. Chris Martins offered to run but he pointed out the 3-year resident requirement which she does not meet. Mayor O'Reilly asked for any further nominations, being none, City Clerk was asked to distribute ballots. City Attorney Delahay questioned if it was to be by secret ballot? Ruby Coyle said that the Attorney General stated you cannot vote by secret ballot. Mayor O'Reilly said that our other elections were held by secret ballot so we would proceed by secret ballot. City Attorney Delahay said Charter 2.9 states, "The Council, by a majority vote of its remaining members, shall fill vacancies in its own membership." Councilman Malston said that if we are to vote for one seat at a time, we should nominate. Councilman Malston nominated Jess Hall. Councilman Measles nominated Dick Mueller, Council Ambarian nominated Victor Hett. Results, HALL 1 vote, HETT 1 vote, MUELLER 3 votes Mayor O'Reilly appointed Dick Mueller to fill the vacant seat. City Clerk would you distribute the J ballots for the second seat? Mayor O'Reilly asked for a tally. 0 Pi a ;: February 20, 1980, Page 8 Results, HETT 1 vote, HALL 2 votes, 2 votes were blank. It was decided to postpone the election of the second seat as two of the Council were not familiar with the nominees. MOTION: Councilman Ambarian moved, seconded by Councilman Measles to postpone selection of a Councilperson to the City position until next meeting. Motion passed with Councilman Malston voting no. G-1: Bills to be paid, bills to be ratified MOTION: Councilwoman Glick moved, seconded by Councilman Ambarian for approval of bills to be paid and bills to be ratified as presented this date. Motion passed unanimously by roll call vote. G-2: Requisitions exceeding $1,000 MOTION: Councilwoman Glick moved, seconded by Councilman Malston for approval of requisitions exceeding $1,000 as listed. Motion passed unanimously by roll call vote. G-3: Ordinance 551-80 Mayor O'Reilly read Ordinance 551-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund budget by $10,000 for a reconnaissance investigation of the feasibility of small boat harbor developments in the Kenai River, and authorizing the Acting City Manager to sign the contract agreement with the State of Alaska for such investigation." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick for introduction of Ordinance 551-80, recon- naissance investigation of small boat harbor. Motion passed unanimously by roll call vote. ..i 4 i February 20, 1980, Page 9 Acting City Manager Brown said that the dates on the ordinance are incorrect as this ordinance was to have been presented at the last Council meeting. We are hoping for introduction and public hearing tonight. The funds are available at the present time for this ordinance. Councilman Ambarian questioned the requirements for public notice and Acting City Manager Brown said that all that was required was posting on the Official City Bulletin Board. Councilwoman Glick explained that this ordinance was projected to be on the last agenda. Prior to that meeting the Harbor Commission wanted it to be delayed in order that they might do further research on it. City Attorney Delahay read from KMC 1.15.070(4) that it takes unanimous consent of all present to proceed to a second hearing. MOTION: Councilwoman Glick moved, seconded by Councilman Measles for a second hearing on Ordinance 551-80. Councilman Ambarian wanted public comments before voting. John Wise said he didn't understand the purpose of the ordinance. He didn't feel the public had been given any opportunity to review the information in this ordinance. Unless Council declares an emergency on this ordinance, it would be improper for this ordinance to have a public hearing tonight. John Williams, Vice -Chairman of the Harbor Commission spoke on the merits of Ordinance 551-80. The request for $10,000 is a request for matching funds of $5,000 from the City. The additional $5,000 will be in the form of a grant from the State Department of Boats & Harbors. The reason for the request of funds is to compile studies and answer questions for the potential construction of a small boat harbor in the mouth of the Kenai River. J i February 20, 1980,, Page 10 Our delegation in Juneau was instructed to put in a request to the Finance Committee for funding for the small boat harbor. Since they have $8 billion in requests our legislative delegation said since we don't have any plans formulated for a small boat harbor yet we formulated a plan to ask for direct appropriations from Legislature of $500,000 to make a feasibility study to design the total small boat harbor. With a $5,000 grant we will compile all information gathered and address all matters from Don Statter's office. Our Legislative delegation wants all information by April 15th but we have asked the secretarial staff from our Committee to get an extention until April 30th. Councilman Ambarian said he was not questioning the nature of the ordinance but merely the procedure in which the ordinance was to be handled. John Wise said he had researched the City records and found no mention that the City ever adopted the "Capital Improvement Program." If you have a "Capital Improvement Program" then formally put it on the table and in the records where the public can see the program. Motion passed unanimously by roll call vote. G-3. RE -INTRODUCTION OF ORDINANCE 551-80 Mayor O'Reilly read Ordinance 551-80 by title only. An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund Budget by $10,000 for a reconnaissance investigation of the feasibility of small boat harbor developments in the Kenai River, and authorizing the Acting City Manager to sign the contract agreement with the State of Alaska for such investigation." There was no public comment. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick for adoption of Ordinance 551-80, reconnaissance investigation of small boat harbor in the amount of $10,000. Motion passed unanimously by roll call vote. Mayor O'Reilly said it has been pointed out considering the time frame of hiring on the consultant to perform work, perhaps a motion would be in order empowering the City Manager to hire a specific consultant. John Williams will you explain what transpired at the Harbor Commission yesterday on the consultant? r E _ . 0 February 20, 1980, Page 11 John Williams explained that the Harbor Commission has spent several evenings of study on this. It is their opinion to hire a single consultant versatile to handle the project. We had suggested Wince Corthell, however, they felt they could not do it for that amount. The Harbor Commission decided on Dr. Margo Zuelow from the University who is a past State department grant writer from the Department of Education. Bob Peterkin, the Acting City Manager and myself will interview Dr. Zuelow and if her qualifications are satisfactory, then we would draw up a contract. Mayor O'Reilly asked if a contract is approved at the next Council meeting would that be sufficient? Mr. Williams said that since the deadline is April 15th, that would be satisfactory. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick to appoint John Williams, Bob Peterkin and the Acting City Manager to interview Mrs. Margo Zuelow and be prepared to offer a contract for our approval at the March Sth meeting. Motion passed unanimously by roll call vote. G-4: Ordinance 552-80 Mayor O'Reilly read Ordinance 552-80 by title only. "An ordinance of the Council of the City of Kenai, Alaska increasing estimated revenues and appropriations in the 1979-80 General Fund Budget for the Harbor Commission." MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick for introduction of Ordinance 552-80, increasing Harbor Commission funds in the amount of $3,000. Motion passed unanimously by roll call vote. G-5: Resolution 80-15 Mayor O'Reilly indicated that the City Attorney had difficulty with this resolution and the path of action this resolution would entail. With Council's approval we would like to withdraw this resolution for further work prepared by City Administration and myself. 0 - _ -ow February 20, 1980, Page 12 MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick to withdraw Resolution 80-15 from the agenda. Motion passed unanimously by roll call vote. G-6: Resolution 80-17 Mayor O'Reilly read Resolution 80-17 by title only. "A resolution transferring monies in the Capital Project Fund entitled 'Fire Reservoir and other Water System Improvements' in the amount of $374 for the renovation of Well House Number One." There was no public comment. MOTION: Councilman Malston moved, seconded by Councilwoman Glick for adoption of Resolution 80-17, transfer of funds in the amount of $374 for the renovation of Well House Number One. Motion passed unanimously by roll call vote. G-7: Resolution 80-18 Mayor O'Reilly read Resolution 80-18 by title only. "A - resolution transferring monies in the 1979-80 General Fund Budget in the amount of $2,000 to retain Wohlforth and Flint as bond counsel." There was no public comment. Councilman Ambarian wanted to know if this transfer would not be made until the special election is held. Acting City Manager Brown said it would be retained immediately to review the proposed resolution, copy attached, and to investigate what the legal requirements are. Motion passed unanimously by roll call vote. G-8: Resolution 80-19 Mayor O'Reilly read Resolution 80-19 by title only. "A transfer of funds in the 1979-80 Airport Land System Budget in the amount of $735 for repairs to the electrical system on the Airport." There was no public comment. Motion passed unanimously by roll call vote. C February 20, 1980, Page 13 • G-9: Andy's Flying Service -Special Use Permit MOTION: Councilman Ambarian moved, seconded by Councilman Measles for approval of the Special Use Permit for Andy's Flying Service in the Airport Terminal from February 9, 1980 through and including June 7, 1980 for a total fee of $166.80. Motion passed unanimously by roll call vote. G-10:Contract Change Order - Rockford Corporation MOTION: Councilman Ambarian moved, seconded by Councilman Malston for approval of Contract Change Order #3, Rockford Corporation, in the amount of $373.75 for well House #1. Motion passed unanimously by roll call vote. G-11:Final Pay Estimate -Rockford Corporation Acting City Manager Brown said there is an inspection on the project today and a punch list of 7 items. This Change Order should either not be approved or approved subject to work being done on punch list to be paid at a later date. MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick, to approve the final pay estimate for Rockford Corporation subject to the punch list as of February 20, 1980 in the amount of $20,625.15. Motion passed unanimously by roll call vote. G-12:Carmen Gintoli-Senior Citizens Center MOTION: Councilman Ambarian moved, seconded by Councilwoman Glick for approval of payment to Carmen Gintoli in the amount of $3,500.00 for architectural services on addition to the Senior Citizen's at Fort Kenay. Motion passed unanimously by roll call vote. APPLICANTS FOR CITY MANAGER Mayor O'Reilly said we have 14 applications before us for the position of City Manager. Since we also have February 20, 1980, Page 14 • to review the proposal from Rick Baldwin with regards to the leases on Swearingen & Morgan should we recess until tomorrow at 4:30 p.m.? MOTION: Councilman Ambarian moved, seconded by Councilman Measles to recess the Council meeting until tomorrow at 5:00 p.m. Motion passed by unanimous consent. RECESS Council recessed at 3:05 P.M. to reconvene Thursday at 5:00 P.M. at the Public Safety Building. RECONVENE - THURSDAY, FEBRUARY 21, 1980 The regular meeting of the Kenai City Council was re- convened by Mayor O'Reilly at 5:00 p.m. with all Council present. Mayor O'Reilly referred to the memo from City Attorney Delahay regarding secret ballots. MOTION: Councilwoman Glick moved, seconded by Councilman Malston to reconsider the election of Councilpersons to the seat. Motion passed by roll call vote with Councilman Ambarian voting no. Mayor O'Reilly stated that we would have a voice vote. The Chair welcomed nominations for City Councilpersons. Councilman Malston nominated Jess Hall. Councilman Measles said that since we have already had nominations yesterday can we just make a motion to elect Mr. Mueller by voice vote and not have to nominate again? City Attorney Delahay said yes. By unanimous vote, Mr. Mueller was elected to fill a vacancy on the Council. MOTION: Councilwoman Glick moved, seconded by Councilman Malston that in consideration of the second Council seat, to ask for immediate reconsideration of nominations of the second seat available. 11 J February 20, 1980, Page 15 Councilman Ambarian stated that last evening he was in favor of continuing with the selection of the second Councilperson, but now he didn't think 24 hours is long enough. He has been in contact with several people who would be qualified for the seat and have not received any answers yet. However, Councilwoman Glick felt that we should elect the second member tonight. Motion passed by roll call vote with Councilman Ambarian and Mayor O'Reilly voting no. Councilman Malston nominated Jess Hall. Mayor O'Reilly asked for any further nominations for the seat. Having none the Chair called for a voice vote. Mr. Jess Hall was elected with Councilman Ambarian voting no. Mayor O'Reilly advised Mr. Mueller that he will be sworn in at the next Council meeting and that he won't be able to vote tonight. PROPOSAL FROM RICK BALDWIN Mayor O'Reilly asked if Council had a chance to review Mr. Baldwin's letter. Councilman Malston said he didn't know how we could commit ourselves to do some— thing in 1983 and asked if we could accept his original offer of 2 weeks ago at .039 cents per foot. MOTION: Councilman Malston made a motion to accept the earlier offer at .039 cents per square foot and they are paying an extra year's lease rate... City Attorney Delahay said Councilman Malston questions what we would be doing in 1983. On February 6, 1980 we amended subsection (d) with regard to leases which had not been redetermined at previous 5 year intervals and would provide that the determined rate would not exceed 150% of the 1977 fair market value times 6%. In making the counteroffer to Morgan & Swearingen, it was based on renegotiation of the fair market value as of 1978. That amendment would not be effective until March 6, 1980, and you are now working with the old ordinance which states that at the next 5 year interval the rate may not exceed 150% of the 1977 appraisal. They are asking for amount for a shorter period of time which would be 4.48 cents based on the evaluation in 1978. They are asking that at the next redetermination period the upper limit would be 1977 appraisal with 50% cap. Thatts what the present ordinance says. A number of '�- I km Fohruary 20, 1980, Page 16 Council members expressed opinion that they did not want to go back and accept evaluation of 1977 nor make any modification of 6% rate so the counter offer of Morgan and Swearingen might be a clearer way to do it then what Councilman Malston suggests. Councilwoman Glick said that if we go with Councilman Malston's motion or if we take their counteroffer it would end up at the same point in 1983. City Attorney Delahay confirmed this. He stated that this provision in the ordinance would be placed in the lease that the 1983 negotiation would have a top of the 1977 evaluation with a 50% cap and thereafter 50% would be inaugurated until 1998. There is a typographical error in Baldwin's letter as to the dates. First paragraph says 1973 to 1978 but it should be 1983 to 1998, a 15 year period. Councilman Malston's motion failed for lack of second. Mayor O'Reilly asked Mr. Baldwin if it would be ac- ceptable to accept his counterproposal and the rate in 1983 would not be in excess of the rate as established i . i in 1977 with 50% cap. Rick Baldwin said it was satisfactory. MOTION: j Councilman Measles moved, seconded by Councilman i Malston to accept Mr. Baldwin's counterproposal of - February 21, 1980. Motion passed unanimously by roll call vote. H. REPORTS H-1 City Manager None H-2 City Attorney City Attorney Delahay had communication with Rick �., Garnett concerning two cases. 1) Clarion vs. City - he ,., will have a rough draft of the brief on appeal down to us early next week. 2) Connie - he is endeavoring to work with the IRS representative on the lien and has ;i 3, sent us a copy of a letter sent to the IRS. H-3: Mayor 1. We have a vacancy on the Planning & Zoning Advisory Commission and the name of Wayne Regelin was submitted. -� He would like to offer his name for the position. 0 E a February 20, 1980, Page 17 , MOTION: Councilwoman Glick moved, seconded by Councilman Measles to offer the name of Wayne Regelin for the vacancy on the Planning & Zoning Commission. I Motion passed unanimously by roll call vote. 2. The harbor Commission is working with Mr. Roper to establish a small boat harbor in the Kenai River. Mayor O'Reilly suggested that a meeting be set up with Mr. Roper and a committee group to discuss what Mr. Roper's position should be with the City on his leased land with the City. In discussion it was decided that the committee should consist of the City Attorney, Chairman of the Harbor Commission, and one member of the Public Works Committee, Councilwoman Glick being nominated to be on the committee. MOTION: Councilwoman Glick moved, seconded by Councilman Malston to establish a committee with the City Attorney, Chairman i of the Harbor Commission and myself to discuss and negotiate with Mr. Roper his position on his leased land with the City. Motion passed unanimously by roll call vote. Mayor O'Reilly requested the Acting City Clerk to notify Mr. Peterkin of this action and of his being the chairman pro tem. Ask Mr. Peterkin to call a meeting satisfactory with committee members and Mr. I Roper. 3. Mayor O'Reilly advised that he had a conversation with Chuck Case of Union Oil today. He sent Mr. Case a copy of the memo on the Energy Committee. Mr. Case said Union Oil could meet and discuss the possibility of changing some of the lease provisions that call for royalty payments in value not in kind. H-5: Finance Director None. H-6: Planning & Zoning Commission Councilwoman Glick advised that at the February 13, 1980 meeting the item of most importance was recom- mended rezoning of lots 1 and 15 of Block 16 of Carl F. �J Ahlstrom Subdivision from suburban residential to r] February 20, 1980, Page 18 commercial. This rezoning is in conformance with the accepted Comprehensive Plan. H-7: Kenai Peninsula Borough Assembly Councilman Ambarian reported that at their regular meeting there was an introduction to accept the Comprehensive Plan. An amendment was passed deleting pages 146 to and including 161 regarding the annexation policy of the City of Kenai. A resolution also passed which directed the Borough Mayor and the Planning Department that any further studies on the Comprehensive Plan are not to address the annexation policies. Councilman Malston stated that the Comprehensive Plan was supposed to be the City of Kenai's plan. It no longer is the City's plan but the Borough's plan for the City of Kenai. Councilman Ambarian pointed out that any "outside the City" assembly members will vote no on any planning ordinances and resolutions. They are the majority of the vote and unless we have Juneau change it so we can control planning and zoning, we can do nothing. Mayor O'Reilly wanted to know if Council wished to send a letter to the Assembly, but Councilman Ambarian said direct contact with "outside the City" members would be more effective. i H-8: Harbor Commission Mayor O'Reilly stated that judging by the ordinances and resolutions presented, we have a general idea that they are trying to get State funding at the present time. PUBLIC COMMENT Ruby Coyle just wanted to state her opinion on the Comprehensive Plan saying that once districting is put into effect the voting will change. She recommends that all City Mayors send letters to the Assembly. FURTHER BUSINESS Councilman Ambarian said in checking with the City Attorney and reviewing Section 1.15.110 on voting, February 20, 1980, Page 19 the motion for reconsideration should have been made after the vote yesterday and no action should be taken until the next meeting. Mayor O'Reilly said that per City Attorney Delahay's memo he called for a motion to reconsider voting that took place for the first seat yesterday. i City Attorney Delahay stated that Councilman Ambarian is speaking about the postponement of the vote on the second vote and not the vote concerning Mr. Meuller, which did not concern reconsideration since the first vote was void because, in accordance with ordinances and state statutes we have to have a voice vote rather then a secret ballot. In other words, we are talking about a motion to postpone that was made and passed. The ordinance provides that a motion to reconsider should be made immediately after announcement of the vote or at the next succeeding meeting. As he interprets that, this second Council seat is still vacant. Councilwoman Glick referred to an opinion given by Attorney Schlereth on reconsideration. She said what she was told before and what she is being told now are two different things. Mayor O'Reilly stated that as it now stands we have one Councilperson elected and another election will be held at the next meeting. EVALUATION ON CITY MANAGER APPLICATIONS Mayor O'Reilly said he devised an evaluation sheet to evalute the applicants. Councilman Malston said he thought the Council had decided to hire Mr. Brighton once the trial was over. The only reason we advertised was in case he was convicted we wanted these applicants as a back-up. Councilwoman Glick read an exerpt from the January 2nd minutes where it stated that there would be a postpone- ment until January 28th after the trial on Mr. Brighton. A decision would be made on February 6, 1980. Councilman Malston made a motion to readvertise so in case Brighton falls through we will not have to wait another 60 to 90 days. If Brighton was not convicted, he would be among the new applicants for consideration. I Councilman Measles stated he tried to call Mr. Brighton J on several occasions; even the lawvers were unable to 11 February 20, 1980, Page 20 contact him on several occasions. Yesterday he did return his call and had been on vacation since the hearing. He definitely was interested in the job. There is no truth to the rumor that he was going to run for Lt. Governor of Indiana. Mr. Brighton said if he were selected, he could be on his way to Kenai in 2 to 3 weeks. j MOTION: Councilman Malston moved, seconded by Councilman Measles to hire Bill Brighton as the City Manager. Mayor O'Reilly asked Councilwoman Glick to take the Chair. Mayor O'Reilly said he has had second thoughts bn Mr. Brighton. He is not fully convinced that Mr. Brighton could make the adjustments to this task. Secondly, he is disappointed that Mr. Brighton had not contacted him as soon as the court case was resolved. This lack of communication indicates a less than concern for the feelings of Council and his enthusiasm for the tasks. Mayor O'Reilly will accept the majority but will be voting no. The Chair was returned to the Mayor. Councilwoman Glick said that after she read all the information over on Brighton she did not feel the need for Brighton to communicate with us. He was led to believe that his name would be put in with the others. Councilman Malston questioned why Mayor O'Reilly felt it would be hard for Mr. Brighton to adjust to Kenai for everyone has to adjust. Mayor O'Reilly stated that the set up in Indiana was for a strong Mayor/weak Council form of government. Brighton is in the position where they were expected to take substantial initiative rather then adopt to policy of Council. Under City Manager form of government, initial powers of policy setting rests more with the Council then Mayor or City Manager. Also feels that the family will have a hard time adjusting. Councilman Measles noted that when Mr. Brighton was being interviewed he stated that he wanted to get out of the situation he was in in Indiana. Motion passed by roll call vote with Mayor O'Reilly voting no. Councilman Ambarian asked for reconsideration at the next meeting since he could not see hiring a City Manager by a 3 to 4 vote. I— f, s February 20, 1980, Page 21 . ,f y+�r`'�-�'� Self'•+• ': f:i�n Mayor O'Reilly went through the applicants and started with a secondary group: Brown, Dodd, Hamilton II, Hampton, Meehan, Potter, Randopoulos, Ritza. "f:r;s• ou ci ma C n 1 n Ambarian left at this time. Mayor O'Reilly stated that the first group would consist of Brighton, Wagner, Crandall,'and Isadore. In discussing if evaluations should be done''that`'= evening it was decided to wait until next Council meeting as Councilman Measles had to leave.", -The Acting City Clerk was asked to make a packet for Mr. Mueller of all the applicants including Mr. Brighton's resume. -, Mayor O'Reilly said that Mr. Hall should join us at the next meeting. Council so concurred. -He also said that resumes should be distributed to Mr.•Hall. _ There being no further business, the meeting adjourned at 6:45 p.m.ix. iwi ,;..,<>..; Respectfully submitted, ALi r• _ 1 Mar Ann Dore Acting City Clerk •{A'`` l(i v I i i 3 r' . i , TYLER DISTRIBUTING CO., INC.. VENDING, NOVELTY& WHOLESALE -� BOX 96 KENAI, ALASKA 99611 n J February 18, 1980 Kenai City Council Post Office Box 580 Kenai, Alaska 99611 Gentlemen; With respect to Operations in the Airport Terminal Building, I would like to petition the City Council of Kenai to consider the following proposals: A. That Tyler Distributing Co., Inc. be granted a Concessionaire's License for the protection of its existing Coffee, Soft Drink and Cigarette machines, and B. That Tyler Distributing Co., Inc. be granted a Lease and permission to install an Amusement Arcade in the space formerly occupied by the Gift Shop. In support of Proposal A, I offer our record of past performance. On two separate occasions, Tyler Dist- ributing Co., Inc. has, at the request of the City of Kenai, installed vending machines to meet the public need. Our cigarette machine is, and has been for some time, the only place in the terminal where cigarettes can be purchased. Moreover, receipts from our coffee and soft drink machines indicate a continuing public need for convenient, all -hours refreshment. I believe that Tyler Distributing Co., Inc. has provided timely, efficient service, and has demonstrated good faith in its relations with the City of Kenai. In view of the past and for the sake of the future, I believe we deserve the security of a concessionaire's license. FEB 19 450 a I .- Tyler Distributing Co., Inc. • Page 2 In support of Proposal B, I submit that the establishment of an arcade is a viable commercial enterprise for the Airport Terminal Location. Precedence has already been set in many major air terminals. This is due to the fact that coin -operated games offer what the air traveler wants, ie, short-term amusement. I propose a complete installation of pinball machines, video games, bill changer etc., along with the co -location of the vending machines in the gift shop area. This has the following advantages: 1. The "Gift Shop" space is secure and can be locked at night. 2. Because this space is sizeable and removed from the central waiting area, it would serve to decongest the area around the bear during peak periods of the day. 3. Floor space gained from re -locating the vending machines would further ease traffic flow in the waiting area. 4. The centralization of all coin- operated machines, and the proximity of a bill changer, would reduce the workload and congestion on existing ticket counters and businesses. ("where can I buy cigarettes?" "Can you change a dollar?") You may be assured that all equipment will be top quality, that service and security will be priorities, and that coin -loss refunds will be provided for. I believe these proposals merit consideration, and I would welcome discussing any of the above at your earliest convenience. Ve t my yo s, Victor G /yler President VGT/g N 1 [R THE FOLLOWING ITEMS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 3/5/80 VENDOR AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT P.O. FOR APPROVAL _ Airport Lighting 2.104.93 Lighting Heads/Base Plates Airport M60 Repair/Maint. Supplies 2,104.93 11372 Bob's Texaco 2.332.93 Tires Shop Repair/Maint. Supplies 2,200.00 11370 _ Dismount/Mount Tires Shop Repair 6 Maintenance 120.00 11728 Tube Shop Repair/Maint. Supplies 12.95 11099 " Emergency One, Inc. 28.774 00 Rescue Vehicle Fire FRS -Machinery 6 Equipment 28,774.00 11401 f - KUSCO 3,073.98 February Gas Usage Various Utilities 3,073.98 f Kenai Peninsula Borough 4,221.32 Data Processing Equipment Finance Rentals 4.221.32 - Marathon Oil Company 11,698.56 January Natural Gas Trust A Agency In Trust 11,698.56 N.C. Machinery 4,499.75 Valve/Fittings Shop Repair/Main. Supplies 59.75 11671 Back 6 Profile Hook FRS-Streeta Machinery 6 Equipment 1,969.00 11732 Loader Hitch FRS -Streets Machinery A Equipment 2,470.00 11667 Peninsula Enterprises 2,500.00 March Lease Payment Airport MAO Rentals 2.500.00 10695 - Southcentral Communications 1,101.25 February Maint. Contract Communications Repair 6 Maintenance 647.25 10410 February Maint. Contract W&S Repair A Maintenance 232.50 10410 Radio Install/Squad Truck Fire Repair A Maintenance 141.50 11691 -- Radio Repair/City Ball PW-Administration Repair 6 Maintenance 80.00 11772 i Union Oil Company 11.819.76 January Natural Gas Trust A Agency In Trust 11,819.76 FOR RATIFICATION Slue Cross of Alaska 8,661.70 February Medical Insurance Various Health Insurance 8,661.70 1 j - National Bank of Alaska 26,729.00 February Federal W/H General Fund Liability 26,729.00 Alaska Dept. of Revenue 4,837.00 February State W/H General Fund Liability 4,837.00 Ak Mun. Employees Credit Union 8,887.00 February Credit Union W/H General Fund Liability 8,887.00 National Bank of Alaska 300,000.00 REPO 2/20/80 Central Treasury Central Treasury 300,000.00 National Bank of Alaska 175,000.00 REPO 2/27/80 Central Treasury Central Treasury 175,000.00 REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 3/5/80 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOK Craig Taylor Equipment Co. Pump for Oiler Truck FRS —Streets Machinery 6 Equipment 3,465.00 t }L / f i -1� + 1 I I 3' _fpf 4 t 1 r CITY OF KENAI • ORDINANCE NO. 553-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1979-80 GENERAL FUND BUDGET, AUTHORIZING THE CITY MANAGER TO EXECUTE THE ATTACHED COOPERATIVE AGREEMENT WITH THE U.S. SOIL CONSERVATION SERVICE, AND AUTHORIZING THE CITY MANAGER TO AMEND THE EXISTING CONTRACT WITH UNWIN, SCHEBEN, KORYNTA AND HUETTL, INC. DATED JULY 30, 1979 TO PROVIDE FOR TOPOGRAPHICAL MAPPING OF TEN (10) ADDITIONAL QUARTER SECTIONS AND EXTENDING THE EFFECTIVE DATE OF THE $2,000 PER QUARTER SECTION COST UNTIL SEPTEMBER 30, 1980. WHEREAS, the U. S. Soil Conservation Service has offered to pay for topographical mapping of land within the City of Kenai in an amount of $20,000, and WHEREAS, there presently exists a contract between the City of Kenai and Unwin, Scheben, Korynta and Huettl, Inc. (U.S.K.H.) which provides for U.S.K.H. to perform additional mapping for $2,000 per quarter section upon demand by the City, which price shall be effective until December 31, 1980, and WHEREAS, U.S.K.H. has agreed to provide such mapping for $2,000 per quarter section through September 30, 1980, and Whereas, the U. S. Soil Conservation Service desires to utilize the City's existing contract with U.S.K.H. to perform the additional mapping for which it has offered to pay, and WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that: Section 1: The following increases in estimated revenues and appropriations in the 1979-80 General Fund Budget be made: Increase Estimated Revenues: Federal Grants - General $20,000 Increase Appropriations: Non -Departmental - Professional Services $20,000 Section 2: The City Manager be authorized to execute the attached Cooperative Agreement with the U.S. Soil Conservation Service. Section 3: The City Manager be authorized to amend the existing contract with nwil in, Scheben, Korynya and Huettl, Inc. dated July 30, 1979 to provide for topographical mapping of ten (10) additional quarter sections and extending the effective date of the $2,000 per quarter section cost until September 30, 1980. 4? ORDINANCE NO. 553-80 page 2 PASSED BY THE COUNCIL OF THE CITY OF KENAI, Al of March, 1980. INC VT OIRM ATTEST: Janet Whelan, City Clerk Approved by Finance:_,, First Reading: Second Readinc W7.7 Effective Date is 5th day 1980 19, 1980 19, 1980 r - a' _. COOPERATIVE AGREEMENT between City of Kenai, Alaska and the Soil Conservation Service United States Department of Agriculture Relative to: Acceleration of flood plain mapping for land use planning in certain areas of the City of Kenai Authority: Public Law 83-566, 16 U.S.C. (590 a-f) THIS AGREEMENT, made and entered into this 21st day of February, 1980, by and between the City of Kenai, Alaska (hereinafter called the "Cooperator") and the United States of America, acting by and through the Soil Conservation Service of the United States Department of Agriculture (hereinafter called "Service"). Purpose. The Service, in carrying out its assigned responsibilities under applicable legislation, has need for certain information that may be obtained as a result of this cooperation; has certain resources available, but does not have suf- ficient resources available to obtain the desired information within the period specified in this agreement. The Cooperator, for planning purposes, has requested certain flood plain infor- mation that is presently unavailable, and within the limits of its resources, is willing to obtain the information through their existing contract. Therefore, both the Cooperator and the Service deem it mutually advantageous to cooperate in this undertaking, and hereby agree as follows: I. The Cooperator agrees: A. That all information obtained under the terms of this agreement is public property. B. To comply with the Clean Air and Water Pollution Control Act, the non segregation of facilities and EEO provisions which are attached hereto and made a part of this agreement. C. To obtain aerial photography and topographic mapping in accord- ance with the existing contract between the City of Kenai and Unwin Scheben Korynta and Huettl consulting engineers. II. The Service agrees: A. To provide the Cooperator with a detailed flood plain study of the area mapped. I B. To provide the necessary technical services, on site assistance, and materials to compile a flood plain study report. C. To provide $20,000 to the Cooperator for the photographic and topographic mapping. III. It is mutually understood and agreed: A. Completion Date - All work under this agreement is to be com- pleted and in the possession of the Service on or about S PPte..be. 30 93'0 f B. Area Covered - All that area shown•within the boundaries de- lineated on the attached map. C. Method of Payment - The Cooperator will bill the Service at the completion and acceptance of the work. D. Intent to Cooperate - It is the intent of the Service to fulfill its obligations under this agreement. However, commitments cannot be made beyond the period for which funds have been appropriated by Congress. In event funds from which the Service may fulfill its obligations are not appropriated, the agreement will automatically terminate. Reimbursement will then be for work completed that is otherwise eligible for reimbursement prior to the effective date of termination. E. Renewals - This agreement will remain in force until - September 30, 1980. It may be affirmatively renewed each fiscal year by the parties through an exchange of correspondence until the purposes of the agreement are complete, but not later than the end of the fiscal year in which the work is completed. F. Modification - This agreement may be modified by amendment duly executed by authorized officials of the Cooperator and the Service, provided such modification does not extend the agreement beyond the close of the fiscal year in which the work is completed. G. Officials Not to Benefit - No Member of or delegate to Congress l or Resident Commissioner shall be admitted to any share or part of this agreement, or to any benefit that may arise therefrom; but this provision shall not be construed to extend to this agreement if made with a corporation for its general r benefit. i�• r H. Copyright - No reports, maps, or other documents produced in :y ( whole or in part under this agreement shall be the subject of an application for copyright by or on behalf of the Cooperator. .f -City of Kenai By: (Signature) UNITED STATES DEPARTMENT OF AGRICULTURE SOIL CONSERVATION SERVICE By• (Signature) Title: State Conservationist a, CITY OF KENAI RESOLUTION NO. 80-20 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET RELATING TO FUNDS APPROPRIATED BY ORDINANCE NO. 533-79 FROM FEDERAL REVENUE SHARING MONIES: From: Streets - Machinery and Equipment ($4,821) To: Shop - Buildings $2,971 Shop - Machinery and Equipment $1,850 These transfers are needed to provide more monies to accept bids for (1) electric door openers, and (2) an engine analyzer for the shop. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of March, 1980 INCENT 0 REILLY, YOR i ATTEST:. Janet Whelan, City Clerk Approved by Finance:_, ti Q ; o :3 3 CITY OF KENAI RESOLUTION NO. 80-21 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR MATERIALS AND INSTALLATION OF ELECTRIC DOOR OPERATORS FOR CITY SHOP AND WARN: STORAGE BUILDING TO KENAI STEEL BUILDINGS,.INC. FOR $11,971.00. WHEREAS, the Council of the City of Kenai has authorized the purchasing of Electric Door Operators for the Shop and Warm Storage Buildings, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Thursday, February 14, 1980, and were as follows: Company Bid Price DD Alternate Overhead Door $16,500.00 $5,700.00 Kenai Steel Bldg, Inc. 11,971.00 4,804.00 Northwest Door 12,660.00 4,400.00 WHEREAS, there was a deductive alternate listed above which excluded putting electric door openers in the shop building and this is not to the best interest of the City, and WHEREAS, it is to the best interest of the City to include the shop building with electric door openers, and WHEREAS, Kenai Steel Buildings, Inc. with a bid of $11,971.00 is the lowest responsible bidder, and WHEREAS, acceptance of Kenai Steel Buildings,Inc:s bid is in the best interest of the City and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the bid for Materials and Installation of Electric Door Operators for City Shop and Warm Storage Building be awarded to Kenai Steel Buildings, Inc. for the bid price of $11,971.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALA.SKA this Sth day of March, 1980. ATTEST: Janet Whelan, City CleFk— VINCENT OTREILLY, MAYOR Approved by Finance: _.,gw i 1 - t" CITY OF KENAI RESOLUTION NO. 80-22 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR A 30KII GENERATOR TO CONTRACTOR'S EQUIPMENT CORP. FOR $9,528.00. WHEREAS, the Council of the City of Kenai has authorized the purchasing of a three-phase Generator, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from nine firms and opened on Friday, February 22, 1980 and were as follows: Company Bid Price f, Power Systems, Inc. $15,711.30 Craig Taylor Equip. Co. 12,689.00 Emerson Diesel 15,900.00 Debenham Electric 10,548.00 Contractor's Equip. Corp. 9,528.00 Fraley Equipment 11,877.00 - 30KW Fraley Equipment 9,940.00 - 15KII Denali Industrial Sales 11,827.00 - Evans Engine and Equipment 12,130.00 Industry Services, Inc. 10,616.00 - 150-day delivery Industry Services, Inc. 11,481.00 - 60-'day delivery WHEREAS, Contractor's Equipment Corp. with a bid of $9,528.00 is the lowest responsible bidder, and I WHEREAS, acceptance of Contractor's Equipment Corp.'s bid is in the best interest of the City and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska that the bid for a 3OKW Generator be awarded to Contractor's Equipment Corp. for the bid price of $9,528.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day ! of March, 1980. ATTEST: i Janet Whelan, City Cler Approved by Finance:r NVAkIm"kits .r,•§. i F'r- M .0 J CITY OF KENAI RESOLUTION NO. 80-23 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE 1/2-TON PICKUP TO HUTCHINGS CHEVROLET FOR $6,777.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of a Pickup Truck, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Friday, February 22, 1980, and were as follows: Company Bid Price Peninsula Ford $7,006.48 - 1/2 ton Basic Bid A Hutchings Chevrolet 6,777.00 - 1/2 ton Basic Bid A Universal Motors $6,582.46 - mini -pickup Basic Bid B Hutchings Chevrolet 5,746.00 - mini -pickup 7 1/2 ft. bed Hutchings Chevrolet 5,606.00 - mini -pickup 6 foot bed WHEREAS, the specifications were written with a Basic Bid A for a 1/2-ton pickup and a Basic Bid B for a mini -pickup, and WHEREAS, the specifications were very clear that the City intended to purchase only one pickup, and WHEREAS, the 1/2-Ton Pickup is better at meeting the needs of the City, and WHEREAS, Hutchings Chevrolet with a bid of $6,777.00 is the lowest responsible bidder, and WHEREAS, acceptance of Hutchings Chevrole.:'s bid is in the best interest of the City of Kenai and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid for one 1/2-Ton Pickup be awarded to Hutchings Chevrolet for the bid price of $6,777.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA. this Sth day of March; 1980. ATTEST: Janet Whelan, City Clerk VINCE T O'REILLY, MAYOR Approved by Finance: 0 J CITY OF KENAI RESOLUTION NO. 80-24 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE ASPHALT RECYCLER TO EVANS ENGINE FOR $9,522.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of an Asphalt Recycler, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from two firms and opened on Friday, February 22, 1980, and were as follows: Company Bid Price Fraley Equipment $17,546.00 Evans Engine 9,522.00 WHEREAS, Evans Engine with a bid of $9,522.00 is the lowest responsible bidder, and WHEPIAS, acceptance of Evans Engine's bid is in the best interest of the City of Kenai and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for one Asphalt Recycler be awarded to Evans Engine for the bid price of $9,522.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of March, 1980. FIN *i*16 Janet Whelan, City Clerk Approved by Finance: _,& CENT O'REILLY, MAYOR CITY OF KENAI RESOLUTION NO. 80-2S A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE DUMP TRUCK TO ALASKA SALES AND SERVICE FOR A BID PRICE OF $44,468.66. WHEREAS, the Council of the City of Kenai has authorized the purchase of a Dump Truck, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Friday, February 22, 1980 and were as follows: Company Bid Price Peninsula Ford $46,711.07 AK Sales and Service 44,468.66 AK Truck Center 53,650.00 WHEREAS, Alaska Sales and Service with a bid of $44,468.66 is the lowest responsible bidder, and WHEREAS, acceptance of Alaska Sales and Service's bid is in the best interest of the City of Kenai and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid for one Dump Truck be awarded to Alaska Sales and Service for the bid price of $44,468.66. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of March, 1980. N E T OIREILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: .w4L Q - - -.f- • . 4jt �."a.. sa ■ y 7 CITY OF KENAI RESOLUTION NO. 80-26 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE WELDER TO A.L. WELDING PRODUCTS, INC. FOR $5,931.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of one Welder, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Thursday, February 14, 1980 and were as follows: Company Bid Price A.L. Welding Products, Inc. $5,931.00 Big Three Lincoln Alaska 6,909.66 Contractor's Equipment 7,233.59 WHEREAS, A.L. Welding Products, Inc. with a bid of $5,931.00 is the lowest responsible bidder, and WHEREAS, acceptance of A.L. Welding Products, Inc.'s bid is in the best interest of the City of Kenai and does meet the = budget requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid for one Welder be awarded to A.L. Welding Products, Inc. for the bid price of $5,931.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of March, 1980. ,I .r ATTEST: J1 Janet Whelan, City clerk }_ Approved by Finance: �P i j I CE T O RE I L, MAYOR WN CITY OF KENAI • RESOLUTION NO. 80-27 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHOR I ZING THE AWARD OF BID FOR ONE ENGINE ANALYZER TO SNAP -ON TOOLS FOR $7,350.00. WHEREAS, the Council of the City of Kenai has authorized the purchase of an.Engine Analyzer, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from two firms and opened on Friday, February 22, 1980 and were as follows: Company Bid Price Snap-On Tools $7,350.00 B $ C Supply 8,235.00 WHEREAS, Snap-On Tools with a bid of $7,350.00 is the lowest responsible bidder, and WHEREAS, acceptance of Snap-On Tools' Bid is in the best interest of the City and does meet the budget requirements, and NO11, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid for one Engine Analyzer be awarded to Snap-On Tools for the bid price of $7,350.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day g. li of March, 1980. NETO EL OR '.c.�Janet Whelan, City Clerk Approved by Finante: �v s i J r rr { 1 a CITY OF KENAI RESOLUTION NO. 80-28 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA SUPPORTING ANDY'S FLYING SERVICE, INC. IN ITS EFFORTS TO OBTAIN PERMANENT AUTHORITY TO OPERATE SCHEDULED AIR SERVICE BETWEEN THE POINTS OF KENAI, HOMER, AND ANCHORAGE. WHEREAS, Andy's Flying Service, Inc. has applied with the Alaska Transportation Commission for permanent authority to operate scheduled air service between the points of Kenai, Homer, and Anchorage, and ji WHEREAS, Andy's Flying Service, Inc. is an established oper- ator based in Kenai, and WHEREAS, the Council of the City of Kenai is interested in encouraging growth of local business and commerce, and WHEREAS, a locally based operator may provide quicker trans- , portation to Anchorage when weather conditions have delayed early morning departures because there is no delay while i waiting for planes to fly from Anchorage to Kenai. _ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this Council supports Andy's Flying Service, Inc. in it's efforts to obtain permanent authority to operate scheduled air service between the points of Kenai, Homer and i Anchorage. # " PASSED BY THE COUNCIL OF THE CITY OF KENAI, AS. this 5th day of March, 1980. ATTEST: Janet Whelan, Cify Clerk VINCENT0 REI LY, MAYOR CITY OF KENAI RESOLUTION NO. 80-29 i BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Public Works Administration -Office Supplies ($100) Public Works Administration -Operating Supplies($500) -- To: Public Works Administration -Transportation $600 = This transfer is needed to provide additional monies for transportation costs. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of March, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk = I Approved by Finance: �Y 1 Y�i I 1 iI f I i Y, a 1. � 1; CITY OF KENAI • RESOLUTION NO. 80-30 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AUTHORIZING THE AWARD OF BID FOR ONE FOUR -DOOR SEDAN TO PENINSULA FORD, INC. FOR $7,149.77. WHEREAS, the Council of the City of Kenai has authorized the purchase of one Four -Door Sedan, and WHEREAS, such bid request was advertised in a publication of local circulation, and WHEREAS, bids were received from three firms and opened on Thursday, February 28, 1980, and were as follows: Company Bid Price Make/Model Peninsula Ford, Inc. $7,149.77 Ford LTD Hutchings Chevrolet 7,295.98 Chevy Impala The Car Company 7,189.00 Chevy Malibu WHEREAS, Peninsula Ford, Inc. with a bid of $7,149.77 is the lowest responsible bidder, and WHEREAS, acceptance of Peninsula Ford, Inc.'s bid is in the best interest of the City and does meet the budget requirements. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA that the bid for one Four -Door Sedan be awarded to Peninsula Ford, Inc. for the bid price of $7,149.77. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this Sth day of March, 1980. f.. ATTEST: Janet Whelan, City Clerk Approved by Finance: ---_ i .7` 'a T VI CENT 'REI , MAYOR GRANT APPLICATION rJ DEPARTMENT OF HEALTH AND, SOCIAL SERVICES 8t STATE OF et ASKA 1. STATE GRANTING AGENCY: Office on Aging APPLICANT ORGANIZATION NAME: City of Kenai 3 BUSINESS ADDRESS: P. O. Box 580 Kenai AK 99611 4. MAILING ADDRESS: S. PHONE P. 0. Box 580 Kenai AK 99611 6. PROGRAM OR PROJECT NAME: Kenai Senior Services 7. PROJECT LOCATION: Fort Kena - Mission Street I 8. MAILING ADDRESS: 9. PHONE P. 0. Box 3140 Kenai AK 99611 07 283-4156 10. TYPE OF PROGRAM: 11. PROPOSED BUDGET YEAR FV Aging 1981 12. BUDGET PERIOD 7/1/80 6/30/81 13. TYPE OF APPLICATION Beginning Endtng 13 New 10 Renewal 13 Supplemental 14. TYPE OF ORGANIZATION: 13 Private/Nonprofit Government 16. DATE OF INCORPORATION loon profit only! -e7NTA _T iN�IVID lA S• 16. AUTHORIZING PERSON: PHONE Charles A. Brown, Acting City Manager 907/283-7530 MaRitlg Address: P. 0. Box 580, Kenai, AK 99611 17. FINANCIAL MANAGEMENT: PHONE Charles A. Brown, Finance Director 907/283-7538 Mailirp Addresr. P. 0. Box 580, Kenai, AK 99611 18. PROJECT DIRECTOR: PHONE Pat Porter 907/283-4156 P Mailing Address` 19. AMOUNT STAT'97UNDS REQUEST- P. 0. Box 3140, Kenai, AK 99611 E° 115 403 20. List all other State Health & Social Services or Federal Health, Education, and Welfare, grants received or appilerl or by applicant during proposed Budget you. TYPE STATE/FEDERAL AMOUNT 21. SERVICE COMPONENT LOCATIONS BUSINESS ADDRESS MAILING ADDRESS PHONE TERMS AND CONDITIONS: The undersigned grant applicant agrees to abide by the grant regulations and policies as described bylaw as delineated In the Department of Hearth & Social Services Grants Policy Manual and the Grant Application Package of: s 22. AUTHORIZED SIGNATURE DATE FOR STATE USE ONLY DataAOPI. RecelvedCentral Office Awarded Not Awarded Date Reviewed by Council Approved Not Approved Date Awerd Decision Me" Amount Awarded Date Notification Sent Local Required Match State Match Prolect Ledger Code _ Medicaid Provider Number III n Revision // _ Date: We 1 SU:.,;-L1RY OF TITLE III B A.VD TITLE III C FUNDS Gi;ANTEE: City of Kenai X _ Original RudgPt( ) 3/1/80 date Project Period: July 1, 1980 - June 30, 1981 Revised Budget ( ) date I. ESTIMATED PROJECT BUDGET SU,.V.IARY * e*l COST CATEGORIES TITLE -III 8 SOCIAL SERVICES TITLE III C COUGREGATE TITLE III C HOME DELIVERED TOTAL 100-PERSONAL SERVICES 39,656 17,652 12,194 69,502 ?OO-TRAVEL 134 66 65 265 300-FACILITY EXPENSES 9,084 17,412 - 26,496 100-SUPPLIES 1,120 30,135 7,400 38,655 iOO-EQUIPj'4EHT 3,000 120 3,310 6,930 ;OO-OTHER 1,962 4,530 ::533 ]::7:.025_ TOTAL DIRECT CO 54,956 69,915 24,002 148,873 INWIP.ECT COST S - - - - GRANJ TOTAL COST 54,956 69,915 24,002 148,873 LESS USDA CASH 4,472 1,118 5,590 LESS C04- TRIDUTIOAS - 3,200 800 4,000 :JET COST 54,956 62,243 22,084 139,283 LESS LOCAL h1ATCH 8,760 15,120 - 23,880 TITLE III FU►WS 46,196 47,123 22,084 115,4n3 *ROUND OFF -ALL FIGURES TO THE llEAREST UOLLAR i Union Oil and Gas Division: Western Region Union Oil Company of California P.O. Box 6247, Anchorage, Alaska 99502 Telephone: (907) 276-7600 Telex: 90-25188 unimit Robert T. Anderson oisma Lwd 1Man.oa February 27, 1980 /1 , City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Attention: Mr. Charlie Brown City Manager Gentlemen: Application is hereby made as of this date by Union Oil Company of California, a California corporation, for a permit for the drilling of an oil and gas well (Cannery Loop Unit #2), pursuant to City Code 5.35, established by Ordinance No. 508-79. - In compliance with 5.35.050, Application and Filing Fee, we submit the following information: 1. The Date of Application. February 27, 1980 2. Name of Applicant. Union Oil Company of California, Operator 3. Address of Applicant. _ P. 0. Box 6247 Anchorage, Alaska 99502 ?` Attention: Robert T. Anderson District Land Manager i 4. Proposed Site of Well. - Within the City Limits of Kenai, Kenai Recording District, =-'?: Third Judicial District. l City of Kenai - 2 - February 27, 1980 T5N, R11W, S.M. Section 2: N'WASEhNEh (Plats attached) Surface and Mineral Owner Michael J. Pelch Lease Owner Union Oil Company of California and Marathon Oil Company, Lessees. Description of Land T5N, R11W, S.M. Section 2: SE NFL, N%SFh, SWkSEh, excepting all that part of SW'�M described as Tract A 5. Type of Derrick to be Used. Lee C. Moore Derrick 6. Depth of Well. Anticipated depth 11,200 feet We enclose herewith our check in the amount of $500.00 to cover the filing fee. Certification of a Bond will be furnished the City prior to the issuance of a Drilling Permit in the amount specified by the City as will be a Certificate of Insurance in compliance with 5.35.090(1) and (2) 4, We would appreciate your consideration of this application at your earliest convenience and would be happy to provide any additional informa- tion you might request. Very truly yours, Richard J. Boyle I� Landman i !'1 77 3 �\ 2 Sit 01 i 9 s' 10 1 -!il ;`. 4( 12 12j �' ���``'�_ •t.�� . Yam• i j' rtr ("ll C "1 -•'='- J 7r,:,•: r jL alti-__ _'.13 13: 18 l 3!'' �: ;y �'�_ � �: "1i `i.�35=+�-+1-�`.''•a ¢. - .�v � - �i Y_ _ ! -' It � S r, .'. -•-.may .�^� - .:..•ir �`-��^ 11`ll` •'� ";r,t .° - w .. ` r ,, (` -1r W F 'li�•',% "'t ^:.�-+z ^�# 3 i 24Q4 a .i,-qR-ti�b:'. �,;.:r• 'i ! w t J-v�Alrj=}.�y\,.Xd�' 4+ �y.-Y' -':�'/ i�', •� 4:.� p 25 �s.. 3 :. Ir •2911 1 27 ` �. -�yl•.�t'�� _-,��.%--j .yam•• '-•t���!�? � _ -u �I - r- \ '� f • N�NWhSF dMx section 2 i ( Township S Korth, Range 11 We sr .•3oe �6 ! ✓.,-31 ! i' ,;Zft/l r : ,33- - ak �C - -.= .,�- _ ,.. ' moo_ b _ . t = ' �. _ -:i_._ ._. .. f � .. _ �, � ••� . -�./ AA4.. Fi'. ,fl ! •.• pow .s •, 5 3� .. !o �i ,,,�.� .�; . ,':,�l,>•4-•', :: _ -7• 1' ._� r 10 7; ram' -,�!%+ � �•b _ ^''" \��'•�. -y/ RV \��:• �`�_ �� / 1 l3 + ,10 � i �,/-�� yt - _ -`?' � �.. - .may. ! ; �� .:..+ �^f•_ f'�� i Z�� �% v - r t ' � • , � r ' t. � 3 f•� nt. � .-27_.� - 1J t ��r•; w 1. 1!dtp 3J' I •• • " f 1 _ f ' } KI—AIAS04NM Section 2, Township 5 North, Range 11 West -i►��.r �� i S.M. i - A CITY OF KENAI _ P- O- IOX 580 KENAI, ALASKA 99611 - TELEPHONE 283 - 7"s February 27, 1980 M-E-M-0-R-A-N-D-U-M To: Kenai City Council From: Charles A. Brown Subject: Harbor Study Proposals Included in the Council packet are two proposals for conducting a reconnaissance investigation of the feasibility of small boat harbor developments in the Kenai River. John Williams, Bob Peterkin, and I interviewed Margo Zuelow and repre- sentatives of Wince-Corthell, getting their views of how to approach the project and their qualifications. The consensus of the interviewing group is to recommend to the Council to approve the proposal from Margo Zuelow and to direct the adminis- tration to enter into a contract with Margo Zuelow. I wish to make note, however, that the decision of the group was not unanimous. My opinion is that we should recommend Wince-Corthell to perform this study. I view the study as essentially technical in nature, and I believe that a person or firm with engineering background is more suitable for the job and will increase the credibility of the end product. .ems ..�� .�� .� os�•t. c�s".csQ.a��,`.u.� .sLl�+�-�` � .,��v .��r�LCP � . 'w4-t .PiZ�. �• a�oo � ifl¢- .c-2jo ��.�'' '�'ao ��► ioa��uo ur�waC �,:s .�.� . �c ae�.P�.*� .s.,�.c. 0 .--,11-1 - V1 INCE CO " TH iLL BRYSON FREAS CONSULTING kNGINEERS City of Kenai Box 580 Kenai, Alaska Attention: Mr. Charles Brown Acting City Manager Subject: Kenai River Small Boat Harbor Feasibility Study Proposal for Migineering Services Dear Mr. Brown: Wince-Corthell-Bryson & Freas, Consulting Engineers--Kenai--wish to offer our services to the City of Kenai and to the Kenai Harbor Commission for the purpose of preparing the feasibility study outlined in the proposed contract between the City and the State of Alaska through the Department of Transportation and Public Facilities per City ordinance 552-80. As you may know, we were first contacted in regard to this matter several weeks ago, at which time we expressed a definite interest in participating in the project. At the same time we raised several questions concerning the content of the study and the monies available to perform the work. Basically, our concern was that the scope of the work was extremely broad considering the Rinds available, and we recommended that the Kenai Harbor Commission indicate which of the (12) items in Section 1 of the proposed contract they considered to be most important. We would then tailor our proposal in such a way that we would provide levels of effort commensurate with the importance placed upon the various items by the Commission. Based on my discussions with members of the Harbor Commission and City officials I was invited to attend the February 19th meeting of the Harbor Commission and to address that body concerning these matters. At that meeting I again suggested that the Commission prioritize the (12) items in Section 1 of the proposed contract and that WCBF would be most happy to provide a proposal for our services, and that we were prepared to begin work immediately on the project. I Was unable to attend the City Council Meeting on Februasy 20th at which time Ordinance 552-80 was introduced. Apparently during discussion of the ordinance, Commissioner Williams indicated to the Council that WCBF was not interested in participating in the Feasibility Study due to the Reds available, but that we would be interested in future engineering work related to the project. I'm sorry if I left Commissioner Williams, or other members of the Commission, with this impression; this certainly is not the case. Page 1 BOX 1041 KENAI,ALASKA 99811 PHONE 9907) 283-4872 i T ^ Charles Brown Page 2 2/25/80 We feel that local participation and continuity of consultants is important in projects of this mature, and that engineering input is essential. We would therefore like very much to assist the City in these early phases of the project. As I'm sure you know, we have maintained our office in Kenai continuously over the past 14 years. This has given us an opportunity to observe the growth of the area firsthand and to become familiar with the needs of the community in terms of port and harbor facilities. We have participated in the engineering of water front facilities near the mouth of the Kenai. For example, we were previously engaged by Alaska Barite to investigate erosion control measures along the river between the Port of Kenai dock and the City dock (the old military dock). Most recently we were involved in the engineering of two major cold storage facilities along the Kenai River -- Columbia Wards Fisheries and SeaCatch. Mr. Craig Press, P.E. of our Kenai office would be in charge of this study for N WCBF. Dtr. Freas has lived and worked in Kenai for the past 8 years. Mr. Press has been in charge of almost all of the work related to the fishing industry performed by WCBF during this period. Most recently he has been intimately involved in several cold storage projects in the Kenai and Bristol Bay areas. His involvement in these projects has provided him with an overview of the salmon fishing industry in these areas and an insight into the problems and needs ! of that industry. If selected to perform this work, we are pleased that Mr. Brent T. Drage, P.E. has agreed to assist us in the hydraulic aspects of the project. We feel that Mr. Drage's participation would be invaluable to the City. Mr. Drage has been involved in state-of-the-art work regarding the hydrology of arctic and subarctic rivers including flool plain analysis, ice erosion problems, design of river training structures and scour problems. A copy of Mr. Dragd's-'resume'is Attached for your information. Our firm can also provide reliable cost estimates for the infrastructure that would be required to support a facility of this nature. We have an excellent record of cost estimating as a result of our knowledge of local construction costs and cost factors. It should be noted also, that work performed by WCBF on recent CEIP projects for the City of Kenai has direct bearing on port development at the mouth of the Kenai River. The following is a list of tasks which we have identified and would perform as part of this study, and which we consider to be necessary to fulfill the require- ments of time proposed contract between the City and the State: - Review existing reports related to the development of a small boat harbor near the mouth of the Kenai River. Review available reports regarding economic growth of the Central Peninsula Area . n B f t /- T i Charles Brown Page 3 2/25/80 Perform a literature search with regard to technicial matters surrounding development of a harbor under conditions similar to those which exist at Kenai. Review and update cost estimates contained in other reports. - Suggest possible changes in the location, configuration and size of previous proposed harbor works. Make recommendations for the detailed design phase of the harbor -- facility including the identification of additional field and/or laboratory studies. -- Prepare schematic dravings of the proposed harbor works. ` - Prepare an engineering report summarizing the above findings _ and addressing the (12) items contained in Section 1 of the • proposed contract between the City and the State. We anticipate working closely with the Kenai Harbor Commission during an phases of the work. Our proximity to the project will greatly facilitate communications :..between ourselves sad the commission, and we would incourage individual commission 'members to discuss the project with us in our Kenai office as often as they wish. .....We propose to charge for our services by the hour in accordance with our attached -.fee schedule not to exceed $3.0,000.00. We would provide 25 copies of the final report as part of our fee.. If you have any questions.whatsoever concerning this proposal or our qualifications %. to perform the professional services required please do not hesitate to contact us. -�- very truly yours, WnwFC9uzuziRrSpN & FMAS ' ,-Craig FreAV P. L 1 I T- - - --- - r -t BRENT T. DRAGE, P.E. HYDROLOGIST/SENIOR ENGINEER Current Responsibilities Hydrologist, specializing in hydraulic design, river mechanics, ice engineering, sedimentology, riverine regime analysis, and northern hydrological evaluation and assessment. Senior Engineer responsible for project management on hydraulic and general civil engineering projects. Alaskan Task Assignments R&M Consultants, Inc. i Hydrologist, conducted an extensive hydrological study of the Kuparuk River and Coastal Plain watershed on the North Slope, for Atlantic Richfield Company. Utilized the Corps of Engineers' Floodplain Hydrology (HEC-1) and Floodplain Hydraulics (HEC-2) computer programs for the analysis. Project Engineer, responsible for design of 2 miles of reconstruction for the Old Seward Highway in Anchorage. Carried the project through the preliminary design and location study, public hearings and final design. Project Engineer, in charge of site selection, site engineering, soils investigation, surveying and road design for housing iprojects at five villages in the Aleutian Islands. Hydrologist, reviewed the bank erosion problem at the village of Noatak and provided recommendations to the State of Alaska j for locating future school facilities. Permit application specialist, have prepared several permit applications for bridges, waterway encroachments and marine - facilities for clientel to be presented to the U.S. Army Corps I of Engineers. Project Manager for conducting a feasibility study for crossing the Kuparuk River with a bridge capable of supporting 1200 ton building modules and resisting severe ice and flood forces while meeting present environmental and governmental Gconcerns. Client was ARCo Oil and Gas Company. Project Engineer, responsible for route selection and perform- ing the preliminary design of a submarine pipeline across the _ - - Kuparuk River. Prepared permit for submission to U.S. Army 1 Corps of Engineers. Client was ARCO Oil and Gas Co. 1 Brent T. Drage Page -2- Hydrologist, participated in a water availability study for a ro osed fish p hatchery y at Upper Trail Lake on the Kenai Peninsula. Client was Alaska Department of Fish and Game. Hydraulics Engineer, designed the spillway geometrics for Saxman Dam to adequately convey the design flood flow. ' Client was U.S. Public Health Service Alyeska Pipeline Service Company Senior River Engineer, responsible for the design, maintenance and monitoring of river and stream crossings for the Trans Alaska Pipeline System preceeding, during and following the operational start-up. ' I Hydraulic design and site selection for several permanent access bridges. Woodward - Clyde Consultants Project Engineer,- developed and implemented a hydrology program for a multi -disciplinary project to determine guidelines for mining gravel from rivers and floodplains in Alaska, for the U.S. Fish & Wildlife Service. Prepared a hydrological assessment of the National Petroleum Reserve - Alaska for an environmental impact statement on the 10 exploratory drilling program. + n i Provided hydrological input on the Oil Spill Contingency Plan for the Trans Alaska Pipeline System. Consultant, for the development of a winter water supply I project for oil drilling rigs on the North Slope for BP Alaska, Inc. Schlumberger Offshore Services Field Engineer, in charge of performing oil well logging in the Prudhoe Bay and Cook Inlet oil fields. Interpretation of the logs to determine geological formations, location of oil and gas reserves, and the quantity of fossil fuels contained within the reserves. Institute of Water Resources, University of Alaska Research Assistant involved in hydrologic research projects. , A major project investigated the current methods of peak flood determination in northern sparse data regions. Completed thesis research on the hydraulic characteristics of northern braided rivers. n Brent T. Drage Page -3- Canadian Task Assignments , Northwest Hydraulics Consultants, Ltd. Conducted an extensive river ice research program on the Mackenzie River to determine the effects of spring break-up on proposed wharf structures and pipeline crossings. - Hydraulic Engineer, participated in the river engineering data collection and design for the proposed Arctic Gas Pipeline. Consultant, participated in a multi -discipline task force assigned to select the route and prepare preliminary testimony for the proposed Beaufort -Delta oil pipeline from the Mackenzie Delta to Edmonton, Alberta. Hydraulic Engineer for the Trans Alaska Pipeline System, conducted river surveys, collected hydraulic data and pre- pared field data reports for the major and minor river cros- sings along the pipeline route. Participated in the hydraulic design of major river crossings. Computed 'Standard Project Flood' water levels, flood limits, velocities and scour depths. Hydraulic Engineer, design of hydraulic structures and river training works, river surveys, bathymetric surveys, and preparation of proprietory reports for projects in western Canada. Education B.S., 1969, Civil Engineering, Utah State University M.S., 1977, Civil Engineering, University of Alaska Registrations/Certifications Professional Engineer (Civil), Alaska, 1975 Professional Engineer (Civil), Alberta, Canada, 1974 Publications ys. Drage, B.T., and Carlson, R.F., "Hydraulic Geometry Relation- ships for Northern Braided Rivers." Third Canadian Hydrotech- nical Conference, Laval University, Quebec, May, 1977. 1 ' Drage, B.T., "Hydraulic Engineering Investigation into the Braided t Rivers of the Eastern Brooks Range, Alaska." Masters Thesis `. submitted to the College of Engineering, University of Alaska, Fairbanks, 1976. Drage, B.T., and Nuttall, J., "Mackenzie River Ice Break -Up." Presented at ASCE Hydraulics Division, 23rd Annual Specialty Conference, Seattle, Washington, 1975. s i �f w 1 Zueiow's Consulting Service Post Office Box 1886 Kenai, Alaska 99611 February 28, 1980 Mr. Charles Brown, Acting City Manager City of Kenai Post Office Box 580 Kenai, Alaska 99611 Dear Mr. Brown: Attached please find a proposal for completion of a feasibility study as outlined in the proposed contract between the City of Kenai and the Alaska Department of Transportation and Public Facilities in a January 22, 1980 letter from Mr. Donald Statler to Mayor O'Reilly. If you have any questions regarding the proposal, please contact me. 1 look forward to working with you and the Harbor Commission. Sincerely, MargoLO. u�low SUMMARY Zuelow's Consultant Service proposes to produce a report that synthesizes ; data available on various proposals for a Kenai Small Board Harbor. It is the intention of the proposer to analyze printed material as well I as interview persons with a significant interest in the project. The final report will include an analysis of what has happened as well as - recommendations for further steps based upon this analysis. I i A lump sum charge for delivery of twenty-five copies of the report as i described in the methods section of this report will be $9,500. A breakdown of cost for the project by line item is available upon request. i INTRODUCTION i Zuelow's Consultant Service is a new organization formed because of -- -� a number of requests for the writing, organizing, and analysis skills of the owner, Margo J. Zuelow, Ph.D. Many of the requests for pro- ';- I posals, like yours, fall outside the mission and goals of my present employer, thus necessitating the completion of the work outside of this job. V - V I -2- Indications of my ability to do this task include several projects 1 have worked on while employed at the Department of Education in Juneau. In each of the following cases I was asked to perform the tasks because of my ability to absorb large amounfs of complex and sometimes conflicting information, sort the problem areas from the non -problem areas, analyze the problem areas and present a plan for next steps. (1) Represented the Department of Education on Governor's inter -departmental policy design team to plan, test and recommend policy in the area of Coordinated Human Service Delivery. The final recommendations were made by the group under my facilitation. (2) Represented the Department of Education for the final compiling of the soclo-economic stipulations for the Gas Pipeline. (3) Negotiated contracts on behalf of the Department in the areas of: (A) Millwright Programs (B) Bottom Fishing Programs (C) Heavy Equipment Operations Programs (0) English as a Second Language In Vocational Education (E) Adult Career Development NETWORK Program (F) Articulation of Office Occupations and Marine Repair Programs (G) Electronics Programs Each of the above cases required a considerable amount of research prior to working on the program applications to bring me "up to speed" In terms of vocabulary and knowledge about the topic under consideration. M i - 3- THE PROBLEM It is my understanding that the Kenai Harbor Commission has available to them a vast amount of printed material with contrasting if not con- flicting information leading to various recommendations. It is their desire to analyze all of this material and have presented to them synthesized data that would allow the Commission to seek further funds for planning an actual harbor project. _-- I would propose to show where, in these printed materials and in the minds of persons significant to the project, the agreement and disagreement lies including the data base upon which their conclusions are based. Completion of this task should allow me to make some pertinent recommendations to the Commission. The specific items in the January 22 letter to be addressed are: (1) Define the need (2) Determine user preferences (3) Determine level of services desired and extent to which user is willing to pay (4) Investigate availability of adjacent public land (5) Evaluate alternative locations (6) Update cost estimates (7) Address environmental concerns (8) Describe benefits that will accrue to the City t (9) Assess impact project would have on the fisheries .---_ industry 0 im - - - :- Mow - -4- METHODS Methods to be used include: (1) Reading, organizing and analyzing printed material (2) Interviews with persons significant to the project in (A) Kenai (B) Anchorage (C) Juneau (3) Writing Draft One of the report (4) Reviewing Draft One with the Commission (5) Writing Draft Two of the report (6) Presenting 25 copies of the report to the Commission i I � y� 1 ,n. ti s�. t4 f ' v J 1 Jr 1 I 1 i 'i' 4 1. r/ I CH2M :� HILL engineers planners econotnists scientists February 27, 1980 K04O.14 FfS29m6U Mr. Charles Brown Acting City Manager City of Kenai Box 580 Kenai, AK 99611 Dear Mr. Brown: Re: Kenai River Harbor Feasibility Study As Keith Kornelis and I discussed yesterday, February 26, we are inter- ested in assisting the City of Kenai with the reconnaissance study and the subsequent detailed feasibility study for the Kenai River Small Boat Harbor. We have the capabilities to commit staff for your immediate needs as well as rovide the necessa services for the later engineering and P ry hydraulic studies of the river mouth and the development of small boat harbor schematic drawings. Additionally, some of the subsequent work could be coordinated with the field work required for detailed design of the sewage treatment plant outfall. Other port and harbor work we have completed within the State of Alaska Includes Anchorage, Romer, Dillingham, Juneau, Yakutat and Chernofski. We would be pleased to provide further information and references as you may require. - Sincerely, Loren D. Leman, Y.E. i LDL:eco F Enclosure J Anchorage office 310 K street. Anchorage, Alaska 99501 907/279-6491 i 7; I i' CW-)M I'm HILL engineers Planners economists scientists RBffa_ o IN Anchorage Office 310 K Street, Suite 602 Anchorage, Alaska 99501 907/279.6491 Date February 15, 1980 .lob No. R12720.00 City of Kenai Client Ref. No. Box 580 Invoice No. Kenai, Alaska 99611 10068 Attn: Mr. Charles Brown, Acting City Manager STATEMENT For professional services from December 25, 1979 through January 24, 1980 regarding the Sewerage Projects design. For detail regarding this billing period refer to Progress Report No. 10. . Professional Services $8,488.16 Expenses 2,090.46 Mustafa, Hong (minority sub) 2,635.41 Fee rr'l, 1,985.97 AMOUNTDUE . . . . . . . . . . . . . . . . . . . $I5, 200.00 J , ff - s3 9,zr APPROVO sY cffy op 1i;M W ' 1 O CITY UAKAGER �... p�FINANCE ---- l ` O'PUPLiC WM= _. p ATTORNEY ' Cd'CITY CLERK ORMUM COPY TO r DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS I AN ANNUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTHS BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS ,y s, I FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST -DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT. A I� MIJ I f� i FEe a o MUSTAFA,NONG i ASSOCIATES INC.`" Consulting Engineers INVOICE N0. 1161 1932 fast Ave. Room505, Seattle, Wo.9810I f Tel. (206) 622 -6062 Feb. 7, 1980 t 1 f.- i CH211 HILL NORTHWEST INC. i080 W. 0. NO. 4225 310 K Street r.: i. AnchoraVe, Alaska 99501 CH21% Hill AK. I i Attn: Mr. Loren Leman FOR PROFESSIONAL SERVICES: KENAI STEP 2 l74rit' i PAYROLL: From Dec. 26, 1979 to Jan. 25, 1980 Engineering 16 hrs. @$17.31 x 2 $553.92-/ Drafting 99 hrs . @$ 7.50 , x 2 1, 485.00 ✓ TOTAL PAYROLL COST: $2,038.92 WENSES: Printing 256.04 Telep. 6.71 TOTAL COST: $2,301.67 E� FI)ISD FEE: $2,301- 67 x 0.145 333.74 '/ f fTOTAL AMOUNT DUE ........................................ $2,635.41 A CH2M An�1LL engineers planners economists scientists February 27, 1980 K12720.00 1980 Mr. Charles Brown Acting City Manager City of Kenai P.O. Box 580 Kenai, AK 99611 Dear Charles: Re: Kenai Sewerage Projects Design Progress Report No. 10 Progress on the design of the interceptor, sewage treatment plant and outfall during January 1980 is summarized as follows: Sewage Treatment Plant o Findings from the STP investigation on January 8, 1980 have been incorporated into the final documents. o City comments from the January 8, 1980 meeting have been incorporated into the final documents'as appropriate (See letter of January 17, 1980). o The design of new aeration basin blowers was completed. o The Corps of Engineers review comments have been received and in- cluded as applicable. o The preliminary plan of operation was completed and submitted to the City. Activities anticipated to occur during February 1980 include receipt and addressing ADEC's review comments, printing of final documents, and start of advertising for bids. Interceptor o Eighty percent complete sets of drawings and specifications were reviewed in-house and sent to the City and ADEC for review and comment. Anchorage Office 310 K Street. Anchorage. Alaska 99501 907/279.6491 Based on the assumption that ADEC return their comments within one month, the following schedule is achievable: February 25 - Receive City and ADEC comments March 10 - Mustafa, Hong & Assoc. finish fix -up. March 17 - CH2M HILL completes document printing, ready for advertisement. April 17 - Open bids. May 17 - Official construction start date. October 17 - End of 150-day construction period. Outfall o No change in project status this month. On February 1, 1980 we received a letter from Alex Viteri of the ADEC, which raised questions regarding the location of the outfall and de- trimental effects of the effluent on the recreational beach near the sewage treatment plant. Because the state is now raising questions about a previously approved outfall location, outfall construction will probably not occur during the 1980 construction season. To ensure that the interceptor can still be a 1980 construction project, we will separate the outfall from the interceptor package. We plan to discuss with you additional work required to satisfy Mx. Viteri's concerns. Sincerely, j Loren D. Leman, P.E. LDL:eco -F11cc: Keith Kornelis r i carmen vincent gintoll y architect x k profs Tonal building suite 210 eonai-; alas a 998f 907 283.7732 ` February 29 1980 City of Kenai Box 580 fi Kenai, AK 99611 Attention: Mr. C. A. Brown City Manager, Acting RE: City Administration Building Architectural Services Monthly Billing per Contract STATEMENT 60% Completion -------------- ----------------- 527000.00 Billed and Received to date-------------------- 19600.00 DUE ---------------- $7400.00 •,i WF February 28, 1980 MEMO CITY OF KENAI -0d Capdal 4 4"" P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 283 • 7535 TO: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public Works SUBJECT: 1980 Electrical Improvements, Kenai Municipal Airport The Acting City Manager Charles Brown has mentioned in previous Council meetings that FAA has verbally approved our 1980 Electrical Improvements to the Kenai Municipal Airport. FAA has also suggested that we get started on the engineering for this project. I, therefore, placed ads in a local Kenai paper and the Anchorage Times requesting Engineering Proposals for this project. On February 11, 1980, I wrote a letter which outlines some of the items that should have been included in the proposals that were due on February 25, 1980. On that date we received four proposals for the Electrical Engineering on this project. With the upcoming construction season approaching rapidly, it is very important that we get started on the Engineering for this project. Some of the electrical items for this project may very possibly have a long lead time thus it is essential that this project goes out for bid as soon as possible in order to assure construction this season. It is the Public Works recommendation that either the Council as a whole or the Public Works Committee take these four proposals and study them in depth so that the engineering can be awarded at the March 19, 1980 Council meeting. If the Council or the Public Works Committee desires, to have a verbal presentation by the firms submitting the proposals, it can easily be arranged. KK/jet r 0 I L CITY OF KENAI ORDINANCE NO 554-80 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA MODIFYING BODY STYLE FOR TAXICAB RESTRICTIONS IN TITLE 20, CHAPTER 5 OF THE KENAI MUNICIPAL CODE. WHEREAS, taxicabs under the present ordinance are limited to sedans, and WHEREAS, it is sometimes desirable to have more cargo capacity then the trunk of a sedan where a number of pas- sengers are picked up at the airport with their luggage or where a number of workmen are taken to a heliport, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA as follows: Section 1: That Section 20.05.170 be amended to read as follows: "20.05.170 Size and Body Style Restrictions: No license shall be granted under this chapter for a vehicle which has a seating capacity as per the manufacturer's rating of more than 7 persons, or for a vehicle the body style of which is other than a sedan or a station wagon. [THIS PROVISION SHALL NOT BE CONSTRUED AS PROHIBITING THE CONTINUED OPERATION OF A VEHICLE OTHER THAN A SEDAN WHICH WAS LICENSED UNDER THE PROVISIONS OF THIS CHAPTER ON THE EFFECTIVE DATE OF THIS SECTION.] PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 19th day of March, 1980. j �i VINCENT O REILLY, MAYOR ATTEST: :F c '. Janet Whelan, City Clerk + ( First Reading: March 5, 1980 Second Reading: March 19, 1980 _ Effective Date: April 19, 1980 .t i t 1 CITY OF KENAI RESOLUTION NO. 80-31 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1979-80 GENERAL FUND BUDGET: From: Police -Repair and Maintenance Supplies ($320) TO: Police -Repair and Maintenance $320 This transfer is needed to repair a radar gun. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th day of March, 1980. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk Approved by Finance: ("G/ -. - - ...... -J February 29, 1980 MEMO CITY OF KENAI %Od 62ap;W a/ 41.ad,4a P. O. BOX 580 KENAI, ALASKA 99611 TELEPHONE 283 - 7535 TO: Mayor and Council of the City of Kenai FROM: Keith Kornelis, Director of Public Works SUBJECT: What's Happening Report for City Council Meeting March S, 1980 WELL HOUSE 101 RENOVATION Rockford Corp. is finalizing the work on the Renovation of Well House 101. There are a few minor items that still have to be done including finalization of the Intrac Warning System. AIRPORT WAY --WATER, SEWER, AND STREETS There has been no change in this project since my last report. SHOP ADDITION AND LUBE RACK The Public Works Department has completed the drawings and specifications on this project. We will be advertising during the month of March and we will go out to bid early in April. KENAI SEWER TREATMENT PLANT, INTERCEPTOR LINE, AND OUTFALL The City of Kenai received a copy of the plans and specifications yesterday. The bid date is April 3, 1980 at 2 p.m. CH2M Hill is presently separating the Interceptor Line from the Outfall portion of the project. I am continuing to point out the urgency for the construction of the Interceptor Line through Old Town to Loren Leman of CH2M Hill. In a recent telephone conversation with him, he indicated that this project has been given top priority. NEW STREET MAP The Public Works Department has placed an ad in the newspaper asking for comments on changing certain street names in the City of Kenai. The Department has used some of the comments received in coming up with the attached list of proposed street name changes. This list has gone to the Planning and Zoning Commission. The Public Works Department hopes to receive some _ L"- _. _-_- "- What•s Happening Report Page 2 February 29, 1980 comments during this upcoming March 5, 1980 Council Meeting concerning these street name changes. After this meeting, we will publish in a local newspaper this list of proposed street name changes with a statement that an Ordinance will be introduced for Public Hearing on March 19 City Council Meeting. If everything goes according to schedule the new Master Street Plan that the Public Works Department has drawn will be complete in April with the new street names. At that time, we will have our mylar reduced and have two different sizes available to the public. TOPO STUDY The U.S. Department of Agriculture Soils Conservation is offering the City of Kenai $20,000 grant for additional Topographic drawings. The agreement between the City of Kenai and the Soils Conservation Group is included in the packet. I have discussed the additional drawings with USKH and they are willing to.extend the date for their price for additional quarter sections. This means that we will have an additional ten quarter sections. ^1 MISCELLANEOUS ITEMS The Public Works Department has spent a considerable amount of time and effort in completion of specifications on equipment that we have recently received bids on. In most cases we have 4 been very pleased with the bid results. The Public Works Department has asked for engineering proposals on 1980 Airport Electrical Improvements for the City of Kenai. I have written a separate memo that is included in the packet for discussion of these engineering proposals. As I mentioned in this other memo, a prompt decision is needed. SHOP CREW The Shop Foreman attended a Supervisory Management Seminar for two days. The crew has continued regular maintenance on City vehicles and worked on preparing the new budget. WATER AND SEINER CREW The Foreman attended the Supervisory Management Seminar for two days. They have also been sandblasting the Underground Well House and cleaning it to prepare it for painting. They have been collecting water bills. STREET CREW The Foreman attended the Supervisory Management Seminar for two days. They worked on lights repair on the Airport, cleaning the Warm Storage Building and Airport Lighting Shed and regular sanding operations for streets and airport. M'jet CITY Of KENAI i2" 4 Qad.4a P. O. 80X 580 KENAI, ALASKA 99611 TELEPHONE 483 . 7535 February 27, 1980 PROPOSED STREET NAME CHANGES Change To Kaknu Place Kulila Place Primrose Avenue East Aliak Drive Spruce Avenue Wildrose Avenue Spruce Drive Easy Street Avenue Sandpiper Court Kittiwake Court Broadway Court Nikolai Place Redoubt Way Attla Way F Street Fox Avenue M Street Mink Avenue U Street Muir Avenue 2nd Avenue Ketch Street 13th Avenue VIP Drive 16th Avenue Deepwood Court 17th Avenue Bowpicker Lane 19th Avenue Royal Street 8Sth Avenue Chum Street Unnamed North Strawberry Road Unnamed (VIP) Baleen Ave. CITY 0" KENAI CITIZEN PF.TTTTurJ MONTHLY REPORT DATE i DATE DATE INVEST. CITIZEN 1 RECEIVED SERVICE REQUESTED COMPLETED NOTIFIED DEPARTMENTAL REPORT Ed Call 1/4/80 Deep ditch cut into corner of Cook 1/7/80 Next snow fall we will leave Inlet Drive S Lilac. a berm on the side of the road to keep people from'slidiog into the ditch. �. ,,Joyce Billings 1/7/80 Grader plowed majority of snow on 1/7/80 People on that street are one side of the street with the parking cars in the street most houses. making it difficult to plow. John Mack 1/7/80 Performance World is plowing snow 1/8/80 Sealand will move some vans tt t from their yard into street. so that the City can push•snow off the end of the street into the drainage ditch. Dollar Rent A Car• 1/9/80 Sander sprayed dirt all over car in 1/9/80. Street crew will turn spreader front of terminal. down. John Arsenault '1/14/80 Garbage blocking FAA road. 1/14/80 . Returned grocery carts and picked up garbage._ Susan Wells 1/1S/80 City pushing snow upon yard and 1/15/80 City tries to stay within the . came close to -gas line. right of way - will be careful' Bob Cutsinger 1/22/80 Steller and Coho Circle needs to. be 1/25/80 Roads plowed. plowed. Art Catch 1/23/80 flowing snow off berms into drives. 1/23/80 Widening Streets. 1` Can see no purpose. Bob Windsor 1/23/80 Knocked berms back into drive. 1/23/80 Widening Streets. Helen Stevens 1/23/80 Walnut cul-de-sac needs to be cleared 1/25/80' Replowed. Bill Cessun 1/23/80 5th and Ash - not plowing close 1/25/80 Pushed back snow berms. enough to curb. Paul Morrison 1/23/80 Snow plow plowed in one direction 1/23/80. City attempts to plow both only. sides so one doesn't get more. • 1. , 0 b CITY OF KENAI CITIZEN PETITION MONTHLY REPORT DATE DATE DATE INVEST. CITIZEN NX RECEIVED SERVICE REQUESTED COMPLETED NOTIFIED DEPARTMENTAL REPORT Dorothy Shaw 1/23/80 Driveway filled up with snow, 1/23/80 City attempting to widen neighbor didn't get any. streets. Joe DuPaul 1/23/80 Front-end loader tearing up his 'City tries to stay within lawn. right of .way only - wfll be more careful. Don Webster 1/24/80 Truck sanded street and spread sand 1/24/80 Would try to turn the all over cars parked on side. spreader down. Robert Bohm 1/24/80 Rock wall in front of house damaged 1/24/80 City will look at damage by grader. in the spring. Paul Vozar 1/24/80 Large hole w/water on the corner of 1/2S/80 Discovered water leik in Mission and Cook. nearby trailer - turned off water and cleaned up street ff Carol Black 1/29/80 Gradcr pushing snow too far into City attempting to widen the yard. streets. A CITY ri4ENAI I - CITIZEN PETITION MONTHLY REPORT ! � DATE DATE DATE INVEST. CITIZEN NAME RECEIVED SERVICE REQUESTED COMPLETED NOTIFIED DEPARTMERTAL REPORT - Mrs. Murphy 1/7/80 Dogs killed rabbits: 1/7/80 Contacted Mrs. Murphy. i Barbara Christian 1/18/80 Dog jumping on kids. 1/18/80 Picked up dog. {� Joe Foglia 1/21/80 Lost dog. Highbush and Primrose. 1/21/80 Lost Dog File. J Donna Strait 1/21/80 Lost Springer Spaniel - Tinker Lane 1/21/80 Lost Dog File. ; ' Noma Moore 1/24/80 Lost Red Dachshund puppy/N. Kenai 1/24/80 Lost Dog File. Linda Reese ee 1 80 / ZS / Lost Pekinese 1/2S/80 Lost Dog File. j John Hidmer 1/27/80 Lost St. Bernard. 1/27/90 Lost Dog File. j Ester Segura. 1/27/80 Dog chasing children...1/27/80 Checked out complaint but couldn't locate owner. i I - I E I i 1 i i ANIMAL CONTROL REPORT MONTH IMPOUNDED DESTROYED D.O.A. ADOPTED January 82 47 1J 0 Carried over to Feb 10 Left from Dec 0 Returned to owner 1 �t. CLAIMED S 1 CITY OF KENAI, ALASKA KENAI SENIOR SERVICES PROJECT Grant Nos. 69510, 73770 and Supplemental Grant No. 73780 Under Title III — Older Americans Act of 1965, as amended REPORT ON EXAMINATION OF FINANCIAL STATEMENTS AND SUPPLEMENTAL INFORMATION for the years ended June 30, 1979 and 1978 TABLE OF CONTENTS ACCOUNTANT'S REPORT BASIC FINANCIAL STATEMENTS: ` Council on Aging Fund: Balance Sheet Statement of Revenues and Expenditures Notes to Financial Statements SUPPLEMENTAL DATA: Q Schedule of Status of Funds: For the year ended June 30, 1979 For the year ended June 30, 1978 Schedule of Expenditures by Program Activity Compared•with Budget: For the year ended June 30, 1979 s p For the year ended June 30, 1978 Schedule of Changes in Inventory of Nonexpendable Personal Property: "r For the year ended June 30, 1979 For the year ended June 30, 1978 REPORT ON INTERNAL CONTROL Y.� AND COMPLIANCE: Accountant's Report Letter Page 1-2 3 4 S 6 7 8 9 10 11 12-13 rs,� I COOPERS & LYBRAND CERTIFIED PUBLIC ACCOUNTANTS IN PRINCIPAL AREA OP THE WORLD Members of the City Council City of Kenai Kenai, Alaska We have examined the financial statements (identified as "basic financial statements" in the table of contents on the preceding page of this report) of the Council on Aging Fund of the City of Kenai, Alaska as of June 30, 1979 and 1978 and for the years then ended. Our examinations were made in accordance with generally accepted auditing standards and, accordingly, included such tests of the accounting records and such other auditing procedures as we considered necessary in the circumstances. In our opinion, the aforementioned basic financial statements of the City of Kenai, Alaska present fairly the financial position of the Council on Aging Fund at June 30, 1979 and 1978, and the results of operations of such fund for the years then ended, in conformity with generally accepted accounting principles applied on a consistent basis. The financial statements referred to in the fore- going opinion are set forth on pages 3 to 5, inclusive, of this report. Our examinations were made primarily for the purpose of rendering an opinion on the basic financial statements, taken as a whole. The other data included in this report on pages 6 to 11, inclusive, although not considered necessary for a fair presentation of financial position and results of operations in conformity with generally accepted accounting principles, are presented primarily for supplemental analysis purposes. This additional information has been subjected to the audit procedures applied in the examination of the basic financial statements and, in our opinion, is fairly stated in all material respects in relation to the basic financial statements taken as a whole. In connection with our examination, we also reviewed compliance and internal control matters in accordance with the Suggested Guide for Independent Accountants and Auditors for use In Auditina Proarams VimAjmA MnAdmv M4*1 a TTTT %r%A 0 issued in April 1977 by the Department of Health, Education and Welfare, Office of Human Development Services, Adminis- tration on Aging and our findings and report thereon are set forth on pages 12 and 13 of this report. G?� Anchorage, Alaska October 12, 1979 .w i j t p, 4 I (2) 1 • BASIC FINANCIAL STATEMENTS t ••WI CITY OF KENAI, ALASKA COUNCIL ON AGING FUND BALANCE SHEET t, at June 30, 1979 and 1978 1979 1978 ASSETS Equity in Central Treasury $ 3,088 $ (992) Accounts receivable: State of Alaska, Department of Health and Social Services, Office on Aging 3,559 Other 500 Due from General Fund 338 338 Total assets 3 426 3 405 LIABILITIES AND ENCUMBRANCES Accounts payable $ 208 $ 115 O Accrued leave 604 1,208 Accrued payroll tax liabilities 908 1,173 Unearned grant revenue 939 338 Total liabilities 2,659 2,$3 Encumbrances outstanding 767 571 _ Total liabilities and encumbrances L2,1,405 a _ i The accompanying notes are an integral '- part of the financial statements. f (3) r CITY OF KENAI, ALASKA COUNCIL ON AGING FUND STATEMENT OF REVENUES AND EXPENDITURES for the years ended June 30, 1979 and 1978 r 1979 1978 REVENUES: Title III -Regular: Federal contributions through State of Alaska $ 24,051 $ 21,883 Non -Federal contributions in cash and in -kind 11,391 9,100 Total Title III -Regular 35 442 30 983 Title III -Supplemental: Federal contributions through State of Alaska (refunded to grantor) (67)(a) 12,360 Total revenues LA14,343 EXPENDITURES: Title III -Regular: Salaries and benefits $ 19,252 $ 16,597 Building space 7,900 7,900 Communications 1,496 1,265 Supplies 1,382 690 Utilities 1,000 750 Other 4,412 3,781 Total Title III -Regular 35,442 30,983 Title III -Supplemental: Salaries and benefits .3,050 Equipment (67)(a) 7,330 Travel 854 Other 1,126 Total Title III -Supplemental (67) 12,360 Total expenditures 35 375 43 343 (a) Excess of prior year's encumbrances over amounts liquidated. The accompanying notes are an integral part of the financial statements. (4) CITY OF KENAI, ALASKA COUNCIL ON AGING FUND NOTES TO FINANCIAL STATEMENTS 1. Description of Proiect and Summary of Significant Accounting Policies: Description of Proiect The Kenai Senior Services Project was established in September 1971 for the purpose of providing benefits utilizing Federal funds granted under the provisions of the Older Americans Act of 1965, as amended (Act). These services are provided to persons 55 years of age or older. Title III of the Act provides funding for services which include outreach, transportation, information and referral, counseling, and recreational activities for the senior citizens of the City of Kenai. Basis of Accounting The Project is accounted for in the Council on Aging Fund, a special revenue fund of the City. The modified accrual basis of accounting is used for the fund. Under such modified accrual basis revenues are recognized in the accounting period in which they become available and measurable and expenditures Including encumbrances are recorded when the liability is incurred. Fixed assets (nonexpendable personal property) acquired with project funds are recorded as expenditures in the Council on Aging Fund. Such fixed assets are not capitalized in the City's General Fixed Assets Account Group until title has been acquired to the property. Unreimbursed expenditures (including encumbrances) due from the project grantor, are reflected in the financial statements as accounts receivable and revenue. Cash received from the project grantor in excess of related grant expenditures is shown as a liability, unearned grant revenue, in the balance sheet. }.3 2. Equity in Central Treasury: The cash and investment accounts for the various funds of the City are maintained on a commingled basis in a central treasury. No interest earnings have been allocated to the Council on Aging Fund from time deposits and savings accounts held by the central treasury. (5) I n 1d SUPPLEMENTAL DATA - CITY OF KENAI, ALASKA COUNCIL ON AGING FWD KENAI SENIOR SERVICES PROJECT - Grant No. 69510 and Supplemental Grant No. 73780 - under Title III -Older Americans Act of 1965. as amended SCREDUI.E OF STATUS OF FUNDS - - for the year ended June 30, 1979 !i Unearned Activity Durin¢ the Year Unearned Grant Total cash Grant Revenue Received Total Available July 1. 1978 (Refunded)Exp Total enditures Revenue June 30. 1979_ Title III -Regulars Federal cash $ 338 $ 24,652 $ 24,990 $ 24,051 $ 939 1lateh from non -Federal cash and 11,391_ 11,391 11.391 in -kind Total Title III -Regular 338 36,043 36,381 35,442 939 Title III -Supplemental: Federal cash (excess of prior year's ! encumbrances for equipment over amounts liquidated refunded to 67 67 (67) Qrantor) 3�5 9776 3�e 3� 1_931 1 I i I i • 1 t { t �` t CITY OF KENAI, ALASKA COUNCIL ON AGING FUND KENAI SENIOR SERVICES PROJECT Grant No. 73770 and Supplemental Grant No. 73780 under Title III -Older Americans Act of 1965, as amended SCHEDULE OF STATUS OF FUNDS for the year ended June 30, 1978 Activity During the Year Unearned Receivable Unearned Grant Total From Grantor Grant Revenue Cash At End Total Total Revenue July 1. 1977 Received of Year Available Expenditures June 30, 1978 Title III -Regular: Federal cash $ 338 $ 19,516 $ 2,367 $ 22,221 $ 21,883 $ 338 Hatch from non -Federal cash and in -kind 9,100 9.100 9,100 Total Title III -Regular 338 28,616 2,367 31,321 30,983 338 Title III -Supplemental: Federal cash 11,168- 1,192 12,360 12,360 S 3.38 784 4 ,681 4�4 3.343 L3 338 I CITY OF KENAI, ALASKA COUNCIL ON AGING FUND KENAI SENIOR SERVICES PROJECT Grant No. 69510 and Supplemental Grant No. 73780 under Title III -Older Americans Act of 1965, as amended �. SCHEDULE OF EXPENDITURES BY PROGRAM ACTIVITY COMPARED WITH BUDGET for the year ended June 30, 1979 Federal Expenditures I -- - - Budget Actual I PROGRAM ACTIVITY y r r 1 Title III -Regular: 1 Salaries and benefits $ 19,214 $ 16,997 Building space Communications 2,186 1,496 Supplies 1,600 1,382 Utilities 1,000 1,000 d Other 4,000 3,176 Totals Titlb III -Supplemental: r• I ; Equipment -excess of prior - year's encumbrances for equipment over amounts ;= liquidated, refunded to grantor 67 r rl I I I y _ _ _ (8) ! "i I � 1 r- Non -Federal Expenditures Total Expenditures - Budget Actual Budget Actual $ 1,456 $ 2,255 $ 20,670 $ 19,252 7,900 7,900 7,900 7,900 2,186 1,496 1,600 1,382 1,000 1,000 1,200 1,236 5,200 4,412 10 556 11 391 LILJ556 LIL44Z ',r t I I ' C44 4 . f J S Titl S Bu C Su Ut Ot T Tit l Sa Tr Eq �. Ot ' I T a; a { �y i) i' l t TO al e CITY OF KENAI, ALASKA COUNCIL ON AGING FUND KENAI SENIOR SERVICES PROJECT Grant No. 73770 and Supplemental Grant No. 73780 under Title III -Older Americans Act of 1965, as amended CHEDULE OF EXPENDITURES BY PROGRAM ACTIVITY COMPARED WITH BUDGET for the year ended June 30, 1978- Federal Expenditures Budget Actual PROGRAM ACTIVITY e III -Regular: aries and benefits $ 18,655 $ 16,597 ilding space ommunications 2,400 1,265 pplies 861 690 ilities 750 750 her 4,050 2,581 otals 26 716 21 883 III -Supplemental: Aries and benefits $ 5,200 $ 3,050 avel 1,200 854 uipment 8,554 7,33012 her 1,800 1,6 16 754 12 360 (9) r. A (9) r. A Non -Federal Expenditures Budget Actual $ 7,900 $ 7,900 1,005 1,200 8 905 9 100 Total Expenditures Budget Actual $ 18,655 $ 16,597 7,900 7,900 2,400 1,265 861 690 750 750 5,055 3,781 35 621 30 983 $ 5,200 $ 3,050 1,200 854 8,554 7,330 1.800 1.126 16,754 12 360 CITY OF KENAI, ALASKA # KENAI SENIOR SERVICES PROJECT 1 Grant No. 69510 and Supplemental Grant No. 73780 under Title III -Older Americans Act of 1965, as amended SCHEDULE OF CHANGES IN INVENTORY OF NONEXPENDABLE PERSONAL PROPERTY for the year ended June 30, 1979. Balance Decrease Balance Fund Source and Type of Inventor July 1. 1978 during year June 30, 1979 Title III, Nonexpendable personal ' property on hand, at cost 16 670 ^3 67� 16 603 • 1 • p I a r' f (10) i i 1 CITY OF KENAI, ALASKA KENAI SENIOR SERVICES PROJECT Grant No. 73770 and Supplemental Grant No. 73780 under Title III -Older Americans Act of 1965, as amended r^_ SCHEDULE OF CHANGES IN INVENTORY OF NONEXPENDABLE PERSONAL PROPERTY for the year ended June 30, 1978- Balance Additions Balance Fund Source and Type of Inventory July 1. 19771977 during year June 30, 1978 Title III, Nonexpendable personal property on band, ;f at cost 9,140 L..ZA330 16 670 i. i :z I�. i( 1 i 5 r v k { -: REPORT ON INTERNAL CONTROL AND C014PLIANCE I ^. l .....::..L:_�,_. �..,. ems.... ® fm COOPERS & LYBRAND CERTIFIED PUBLIC ACCOUNTANTS IN PRINCIPAL AREAS OF THE WORLD Members of the City Council City of Kenai Kenai, Alaska We have examined the financial statements of the Council on Aging Fund of the City of Kenai for the years ended June 30, 1979 and 1978 and have issued our report thereon dated October 12, 1979. As a part of our examination, we made a study and evaluation of the City's system of internal accounting control to the extent we considered necessary to evaluate the system as required by generally accepted auditing standards. Under these standards, the purposes of such evaluation are to establish a basis for reliance on the system of internal accounting control in determining the nature, timing, and extent of other auditing procedures that are necessary for expressing an opinion on the financial statements and to assist the auditor in planning and performing his examination of the financial statements. We also reviewed the matters specified in Sections IV and V of Suggested Guide for Indenendent Accountants and Auditors for use in Auditing Americans Act or tydD, as amenaea juuiael issues An April 1977 by the Department of Health, Education and Welfare, Office of Human Development Services, Administration on Aging. The objective of internal accounting control is to provide reasonable, but not absolute, assurance as to the safeguarding of assets against loss from unauthorized use or disposition, and the reliability of financial records for preparing financial statements and maintaining accountability for assets. The concept of reasonable assurance recognizes that the cost of a system of internal accounting control should not exceed the benefits derived and also recognizes that the evaluation of these factors necessarily requires estimates and judgments by management. There are inherent limitations that should be recognized in considering the potential effectiveness of any system of internal accounting control. In the performance of most control procedures, errors can result from misunder- standing of instructions, mistakes of judgement, carelessness, or other personal factors. Control procedures whose effectiveness depends upon segregation of duties can be circumvented by collusion. Similarly, control procedures can be circumvented intentionally by management either with (12) respect to the execution and recording of transactions or with respect to the financial statements. Further, pro- jection of any evaluation of internal accounting control to future periods is subject to the risk that the procedures may become inadequate because of changes in conditions and that the degree of compliance with the procedures may deteriorate. Our study and evaluation of the system of internal accounting controls of the City of Kenai for the years ended June 30, 1979 and 1978, which was made for the purposes set forth in the first paragraph, would not necessarily disclose all weaknesses in the system. However, from our study and evaluation of controls, we found them to be generally satisfactory. We believe based on our tests of transactions and examination of records that the City of Kenai has complied with the regulations, policies, and procedures prescribed by the City Council, State of Alaska Department of Health and Social Services, and by the U.S. Department of Health, Education, and Welfare regarding programs funded under Title III of the Older Americans Act of 1965, as amended. s '- (13) 0 n _ ell. gBA.. sy-/ X.wq 4" .9.96W! Tetevttoxe 907 - 288-7189 February 22, 1980 CITY OF KENAI Attn: Rim Howard Admin. Asst. RE: Arctic Aviation, lease lot 1,2,3 FBO Subdivision Enclosed is the lease you forwarded to this office for Arctic Aviation Inc., on the three lots in FBO Subdivision. As you may recall, when we returned this signed lease to your office in January of this year, it was under the condition that the lease period would start in the summer of 1980, rather than January 1980, because there is no way we can utilize the land now to begin improvements, or to make the land useable for any purpose whatsoever. The lease says; approved by City Council, beginning as of April 1, 1980. Also we have learned that the sewage disposal lines in that area are about five feet below grade, which makes it almost impossible to put up any kind of a building without going through the foundation with your sewer lines, rather than going underneath them. There are many things that have come to our attention that caused my clients great concern. However, the major concern is that the city has wasted so much time, and then wanting to start the leases in the middle of winter when there is absolutly nothing that could be done to the property, except look at it. It is awfully expensive to look at, at about $900.00 a month. For the forgoing reasons, my clients must reject the City's counter offer. ELG/mag Sincerely, D D L. GMETT 0 t N_ 10we CITY OF KENAI "Od Caladad al 4"If _ F. O. SOX $30 KENAI, ALASKA 99611 TELEPHONE 203 . 9535 MEMO TO: HONORABLE MAYOR & CITY COUNCIL FROM: BEN T. DELAHAY, CITY ATTORNEY KIDE STOEHNERS' WITHDRAWAL FROM LEASE OF LOTS 1, 2, AND 3 IN FBO SUBDIVISION DATE: MARCH 4, 1980 You have in your packet a letter from Edward L. Garnett, attorney for the Stoehners, attempting to cancel, or with- draw, their lease to the above -described lots on the pretext that because of the City's refusal to acceed to their request for an amendment of the lease to begin July 1, 1980, they "must reject the.City's counter offer." The legal stance attempted by the wording that they must "reject the City's counter offer" is merely a pretext to serve his clients by getting out of the 'obligations of a valid, signed lease. The history of this negotiation shows that application for lease was filed July 26,,1979, by the Stoehners for a 99 year lease with a proposed 3 year plan for completion date to begin in 1980. This indicates there was no intention whatsoever of applicants to begin construction in the building of 1979. After approval of this application by the Planning & Zoning Commission on December 12, 1979, a lease was drafted on the usual City form containing the description and the terms of the lease, and this was submitted to Stoehners for signature before presenting to the Council. On returning the signed lease, the Stoehners requested that it be amended as to starting date, but this was not an offer of lease - that was contained in the original application for lease. The City Council agreed to meet Stoehners half way by amending the starting date to April 1, but would not agree to complete reformation of starting date asked by Stoehners. Mr. Garnett states that the Stoehners' "major concern is the City has wasted so much time, and then wanting to start the leases in the middle of the winter when there is absolutely l March 4, 1980 Page 2 nothing that can be done to the property, except look at it" is not an accurate expression of what happened. When Stoehners filed their application for lease of the above lots on July 26, 1979, there was a prior application for those lots. The prior applicant subsequently agreed to change their application to Lots 4, 5, and 6 so as to relinquish the above lots to Stoehners, on August 23, 1979. At its meeting on September 12, 1979, the Planning & Zoning Commission approved the prior applicant's application for Lots 4, 5, and 6, advised Stoehners that the way was open for consideration of their application for the above lots, and requested an updated site plan from Stoehners. There was no correspondence xeceived nor appearance made by Stoehners until 3 months later at the December 12, 1979, meeting of the Planning & Zoning Commission, at which time Mr. Stoehner appeared and submitted a development plan to the Commission for review and stated he planned to go in and clear lots 1, 2, and 3 and then stabilize the ground, and set forth his further plans for the area. Thereafter, the written lease was prepared and submitted to the Stoehners on December 27, 1979, for execution and return in order to be put before the Council at its meeting of January 2, 1980, and in the transmittal letter the Stoehners were advised that under City ordinance the application for this land would expire within 6 months after it was made "if a lease has not been entered into between the City and applicant by that time." On December 31, 1979, the Stoehners returned the executed lease with a request that it be amended as to the date and to the percentage of market value to be taken as a lease rate. The Council accepted the latter amendment and met Stoehners half way on the first requested amendment, and after modification of the lease it was returned to the Stoehners on January 18, 1980, for initialing of changes. In my opinion, a valid lease now exists between the City and Stoehners based on the offer of the Stoehners contained in their application for lease and the acceptance thereof by the City on January 16, 1980. It is apparent that the Stoehners have changed their mind about wanting the lease, and the remarks about the depths of the sewage disposal lines in that area are merely another excuse. I am advised that the line in the area is about 7 feet deep, rather than 5 feet, and that even at 5 feet a sewer line would serve that area since the high water table would preclude building basements and foundations are normally required to go only 42 inches below grade. The City has several possible options at this point. f --.q March 4, 1980 Page 3 Since the construction proposed by the Stoehners would have enhanced the utilization of the airport, this is not a case where money damages would be considered adequate, and therefore there is the option of the City to sue for specific performance of the lease. I would advise that this not be done. Enough difficulties can arise where lessees are anxious and eager to proceed without inviting the difficulties of a "reluctant bridegroom." A second option, if the Stoehners refuse to provide the insurance required under the terms of the lease and to pay the rental as required, would be to sue for money damages for the amount of the rents due and owing under the lease until such time as the City is able to re -lease this property to another tenant. A third alternative would be to allow a cancellation of the lease on payment by Stoehners of the costs thereof to the City. The $10 filing fee does not begin to pay such costs. An appraisal was necessary in this case at a cost of $150, and in addition there was time taken up by the City Planning & zoning Commission, the City Council, and paid City employees in preparing the lease, correspondence with Stoehners and their attorney, and other communications with Stoehners. If the Council wishes to pursue this option, it should authorize the City Attorney or the City Manager to attempt to negotiate such a settlement. Another alternative would be for the Council to accept the obvious wish of the Stoehners to withdraw and to accept it under the theory that no lease at all is better than one with lessees who are not willing to proceed. In this event I would assume that any future offer to lease City lands by Stoehners would be looked at very critically and accepted with caution, if at all. I will attempt to get a copy of this memorandum served on Mr. Garnett so that the Stoehners can be present at the Council meeting tomorrow night if they so desire. STD/md WINCE CONSULTING ENGINEERS a'-w C®RTH E L.L March 4, 198o ; B{RYSO N &FREAS Keith Kornelis Public Works Director City of Kenai Box 580 Kenai, Alaska 99611 Subject: Correspondence from Ed Garnett, concerning lease rejection of Lots 1, 2, 3 FBO Subdivision { Dear Keith: We have received a copy of correspondence sent to the City questioning the ability of the recently constructed Airport Way sever to serve adjacent prop- erties; more specifically Lots 1, 2, 3 FBO Subdivision. I feel the generalization cited in the subject letter is erroneous, and out I of context, for the following reasons: - There are a number of criteria that govern establishment of the vertical location for'sewers, among which are existing point of , discharge, anticipated type of development, subsurface conditions (including water table), costs, weather, lot configuration, etc. - That portion of FBO Subdivision fronting on the apron, and specifi- cally the subject -parcels, are characterized by very deep lots with a high water table. It was assumed early in the project, and dis- cussed with the administration, that the sewer would be primarily for buildings adjacent to Willow Street, and could marginally serve others. ' 1 • Mr. Stoehner came into our office several months ago and inquired as to the sewer depth at the subject lot frontage. At that time he was Informed that the sewer had approximately seven feet of cover where it was adjacent to his property. This depth is quite satisfactory for service (even for the deeper lots), provides adequate cover for insulation, and will not interfere with standard building foundations. I It is unfortunate that Mr. Garnett apparently did not discuss this subject with i his client, Mr. Stoehner, prior to submitting his written comments. I If you have any questions, please contact our office at your earliest convenience. --- ' very truly yours, WnC&CORMLL-BRYSON & FpXM Philip W} Bryson, P.E. BOX 1041 KENA1, ALASKA 99611 PHONE t9073 293-4672 I 0 0 --v March 3, 1980 '6v / DRAFT Honorable Clem Tillion Alaska State Senate C ,�.1 It"A Pouch V j, d Juneau, AK 99811 Dear Senator: Thank you for your time and interest in the City of Kenai Capital Improvement Projects and other matters, specifically the full funding of the Municipal Assis- tance Fund, of importance to our City. As regards the unified, broad economic concept which will establish trade routes Anchorage, Homer, Kodiak, the Chain and Far East, I have nothing but admiration for the plan. It is cohesive, offers development guidelines and a blueprint for future legislative actions and appropriations, it has my full support. As a consequence. I now understand more clearly the reason for major investment in Homer and will offer any -Yu A I can. To tie the above to City interests, I believe it can be shown a better Kenai small boat harbor results in more fish processing activity and therefore more shipment potential via Homer. This reason plus other reasons should call for your continued support this session on the necessary State funding activities for the City facility. It is my wish you concur in regard to State funding the Homer Port development and the Kenai Small Boat Harbor awe on an equal priority basis. One further point which you can advise us about. As I understand if we obtain State bonding, the City has a State Harbor. If we receive a direct appropriation pfor capital costs, the City has full title. Aware of your principle of subjecting rojects to the bond market test, arbitrage considerations, etc.. are there other factors which should be considered in this regard? Thank you again for your interest. Sincerely, Vincent O'Reilly Mayor VOR: jw 0 ,7 CITY OF KENAI "Oil P. O. •OX $00 KENAI. ALASKA 99611 MEPNONE 453 - 7535 March 4, 1980 TO: Council Cultural Facilities Committee FROM: Vincent O'Reilly Mayor Mayor George Sullivan of Anchorage Informed me he had decided not to intro- duce his proposed $150,000,000 Cultural and Sports facilities for State funding. He believed too many communities were "piggy -backing" onto the bill with their projects. He related how Anchorage and Fairbanks Administration and Assembly met and wondered if we could not have similar meetings with Kenai Borough and City Administrations, Assemblies and Council. VOR: jw Mayor Vince O'Reilly Draft - February 29, 1980 Honorable Russ Meekins Chairman - House Finance Committee Dear Representative Meekins, The Legislature has an opportunity to correct an inequity in funding of the Municipal Assistance Fund and by so doing accomplish several other worth- while goals expressed by the Legislature and the Administration. A brief review of the history of the Municipal Assistance Fund will point up the inequity that has arisen. The municipalities, organized boroughs and cities, automatically received 60% of the gross business tax up to fiscal year 1979 the last year that tax was in effect. In degree of certitude of revenue, this was a most reliable income source. The State Legislature offered as a substitute for this income source, the Municipal Assistance Fund providing for distribution to municipalities of 10% of more of the corporate income taxes paid to the State. The municipalities'by accepting this substitute income source went "at risk" in two ways. First, like the State they gave up the more reliable tax source, gross business receipts as compared to the uncertainity of net income. Second, 60% of the gross business tax receipts was automatically distributed compared to annual legislative appropriating action. The State is at risk where it depends upon net income and the municipalities now are joined with the State. We are all aware of the State winning on their i AL risk taking corporate net income revenues q� increase, the inequity is that so far the State Legislature has not seen fit to honor their commitment and pass on the 10% to the municipalities who shared the risk. We seek your aid in correcting this inequity. At the conclusion of this letter are the _i dollar amounts involved. Further in your consideration is the achievement of other goals spoken of by -- �. Legislative members and Administration. Funds received by municipalities from -----` i this source will: lower real property mill rate or reduce the size of increase = 1 and will be visible to the citizens of the municipalities. In addition, fund Page 2 distribution of this type puts the discretion of spending such funds at the most local citizen control level. This will also have the important side effdct of reducing pressure on legislators to make decisions on local matters of projects and programs and again leave such in the hands of local citizens exercising their power through their own municipal structures. The dollar tabulations are as follows: Received or Budgeted 10% of income tax Inequilable for Municipalities receipts. Shortfall Prooer Share FY 1979 $13,400,000 -0- -0- FY 1980 11,400,000 $25,700,000 $14,300,000 FY 1981 11,400,000 41,700,000 30,300,000 Representative Meekins we ask for a segment of your time and consideration in full funding of the Municipal Assistance Funds which effects so many of the State's citizens and municipal residents. With appreciation, Sincerely, Vince O'Reilly Mayor .kin. CITY OF KENAI -0d CajaiW oJ 4,"tf P- O- SOX $SO KENAI, ALASKA 99611 TELEPHONE 2S3 - 7535 March 3, 1980 M-E-M-O-R-A-N-D-U-M To: City Council From: Vince O'Reilly, Mayor Juneau Legislative Situation, February 26, 27 and 28. Overview - One possible scenario. 1980 - 81 Gross Revenue Situation $4,200,000,000 Governor's Capital Program - $260,000,000 Legislator's Capital Program 400,000,000 $ 660,000,000 To Permanent Fund 900,000,000 _ Prepay Native Settlement 300,000,000 State Operating Budget ,. 1,200,000,000 Reduce Personal Income Tax 250,000,000 Other things, 100,000,000 $3,510,000,000 Long Terra Projection - Latest Computer Print-out Assume State Operating Budget increases at compound rate of 15% per year. (It has been increasing at rate of 20%) Then by 1994 Permanent Fund $25,000,000,000 Unappropriated General Surplus 46,000,000,000 { This assumes OPEC price and quantity control holds, no major federal profits tax on oil states, Prudhoe draw down is replaced with other finds. t. Contact made with Malone, O'Connell, Tillion, Poppy Moss, Jim Duncan, Russ Meekins, Sr., Jim Andregg and others on a passing basis. ,- ­9 0 Memorandum from Vince O'Reilly ,• Page 2 February 29, 1980 Capital Improvement Situation 1. Small Boat Harbor Our delegation appears to be in concurrence on: A. State Direct Appropriation $500,000 This is for site study, engineering, hydrology etc. B. Include Capital Construction Funds of $4,000,000 in October bond funds. May not stick as other projects ready for bonding have engineering completed. 2. Commercial Roads, Water and Sewer A. Paving - Frontage Fidalgo Barnacle Bidarka 900,000 Water and Sewer $ 200,000 B. Water and Sewer to Small Boat Harbor $1,500,000 C. Eliminate Industrial Road Collector at Small Boat Harbor 3. Culture Center - $5,116,000 . State share will probably be in bond issue this October. 4. Airport Terminal Renovation - Asked for $1,500,000 probably will not hold as State is giving priority to warehouses, freight terminals and aprons. This has to be reworked. 5. Sports Center $5,000,000 +. This project has received wide legislation support principally due to extensive information activities of sponsors. Causing deep concern to our delegation as to who is going to be responsible for on going maintenance and operation. Belief is that present site, Community College campus will not survive if University system is to budget for on going 0 & M. This City should be prepared to offer response if assistance is asked. Municipal Assistance Fund Municipal League asked that I send letter to Chairman of Finance Committee, President of Senate and Governor. Draft attached is being worked on with other Mayors. This would mean substantial increase in City revenues from this source. Presently $130,000 could go to double and then quadruple. 0 f' JMA JACK ANDERSON AND COMPANY Marketing and Management Services POST OFFICE BOX 3098 No ANCHORAGE, AK 99501 February 20, 1980 To: The Honorable Mayor and Members of the Kenai City Council Attached is my resume covering my background in business and community affairs during my years in Alaska. I feel highlv qualified to assume the nosition of City Manager of Kenai because of my business and public service endeavors through the years. I have expertise in grant writing and in securing same for municipalities from Federal and State authorized sources. I have a strong personal relationship of the best with our national Congressional members as well as with many members of our State Legislature. -Mrs. Anderson and I have enjoved a very high reputation in all of Alaska and we are widely known. We would welcome the opportunity to establish our home at our own expense in Kenai without delay. With your counsel and direction and assistance I feel that I can make an outstanding administrative success of the position of City Manager should you select me for that position. I will be glad to interview with you at my own travel cost and without obligation to you members. Please call me at Anchorage 272-2819. nkyou for.yo r consideration. Age o RECEIVED HIS 2 5 1980 >o mompn w CRY OF KCMM FE825= use RESLMCAUGUST 13, 1979 JACK ANDERSON .TACK ANDERSON HAS A LONG ALASKAN INVOLVEMENT IN RELATION TO THE MANAGEMENT OF TRANSPORTATION COMPANIES INVOLVED IN THE MOVING OF FREIGHT IN AND OUT OF ALASKA, BOTH AIR AND SURFACE• ANDERSON MOST RECENTLY ESTABLISHED FLYING TIGER LINE IN THE ALASKAN MAR- KET UPON THE AWARD OF TRAFFIC RIGHTS TO FLYING TIGER LINE TO SERVE ALASKA- THIS ASSIGNMENT COMMENCED CONCURRENT WITH THE AWARD OF TRAFFIC RIGHTS TO FLYING TIGER LINE FROM POINTS IN THE LOWER 48 TO ALASKA AND WESTBOUND FROM ALASKA TO ASIA- ANDERSON HIRED, TRAINED, AND ESTABLISHED THE SALES FORCE, DE- VELOPED THE ACCOUNT PROFILE SYSTEM, AND WROTE THE MARKETING STRATEGY THAT IS APPLIED TODAY IN FLYING TIGER LINE SALES MAN- AGEMENT IN ALASKA- ANDERSON TRAINED AND ESTABLISHED THE CUSTOMER SERVICE DEPARTMENT . WITHIN THE FRA14EWORK OF FLYING TIGER LINE GUIDELINES• IT IS VIABLE AND HIGHLY EFFECTIVE ADJUNCT TO THE CUSTOMER SERVICE RE- LATIONS FOR FLYING TIGER LINE CUSTOMERS IN ALASKA• is ANDE.RSON COMPLETED ALL OF THE RESEARCH AND THE STUDY, AND WROTE THE STRATEGY AS RELATED TO THE IMPACT OF THE 200 MILE LIMIT, AND THE DEVELOPMENT OF THE POLICY FOR THE TRANSPORTATION OF SEAFOOD "'. AND SHELLFISH PRODUCTS BY AIR TO ASIA AND TO THE LOWER 48. ANDERSON AUTHORED AND FLYING TIGER LINE PUBLISHED A HANDBOOK ON ' "HOW TO SHIP FISH BY AIR" WHICH WAS SUBSEQUENTLY ADOPTED AS A PART OF FLYING TIGERS SALES PROMOTION PROGRAM• El I:_. - ANDERSON IMPACTED THE FLYING TIGER ORGANIZATION INTO THE ANCHOR- AGE COMMUNITY, INCLUDING ROTARY, THE ANCHORAGE PETROLEUM CLUB, AND THE ANCHORAGE CHAMBER OF COMMERCE, THE ALASKA 14IPPoN KAI SOCIETY, AND THE ALASKA STATE CHAMBER OF COMMERCE - IN 1975, THE SUN OIL COMPANY PLACED TWO $65 MILLION ROLL-ON ROLL -OFF CONTAINER SHIPS IN THE SEATTLE/ALASKA WATER TRANSPORTA- TION SERVICE, UNDER THE NAME OF TOTEM OCEAN TRAILER EXPRESS. AS ALASKA SALES MANAGER FOR THAT FIRM, ANDERSON ORGANIZED AND ES- TABLISHED THAT SALES FORCE, AND IMPACTED THE COMPANY INTO THE i ALASKA TRANSPORTATION NETWORK - JACK ANDERSON IS RECOGNIZED AS AN OUTSTANDING CITIZEN OF ALASKA WITH LONG BACKGROUND OF PUBLIC SERVICE AWARDS FROM NATIONAL, STATE AND LOCAL AGENCIES- ANDERSON HAS BEEN RESPONSIBLE FOR DEVELOPING THE TRANSPORTATION STUDIES AND THE TRANSPORTATION SUPPORT PAPERS NECESSARY FOR BOTH LOCAL AND STATE CHAMBER OF COMMERCE PRESENTATION IN ROUTE MAT- TERS AS RELATED TO ALASKA, BEFORE THE CIVIL AERONAUTICS BOARD- ANDERSON AND HIS FAMILY ARE HIGHLY RESPECTED THROUGHOUT ALASKA, AND IF INQUIRY OR REFERENCE SEEMS APPROPRIATE, ANY MEMBER OF THE ALASKA CONGRESSIONAL DELEGATION, THE PRESIDENT OF THE ANCHORAGE CHAMBER OF COMMERCE, THE MAYOR OF FAIRBANKS OR THE MAYOR OF h ANCHORAGE, WILL BE GLAD TO FURNISH BACKGROUND MATERIAL• ANDE'RSON RESIDES AT 1430 12TH AVENUE WITH HIS WIFE, LUCILLE- 6 THEY HAVE FOUR CHILDREN AND FOUR GRANDCHILDREN• ANDERSON 1S LISTED IN WHO'S WHO IN THE WEST- 0 r JAYNE KAHANER 3343 Bedford Avenue Brooklyn, New York 11210 (212) 253-9574 OBJECTIVE To become an integral part of a Judicial Administrative team, at the Federal, State, or local level; utilizing to the fullest my education, experience, abilities and ambitions. Seek position conducive to professional development and advancement. EDUCATION . UNIVERSITY OF SOUTHERN CALIFORNIA -Los Angeles, California M.P. A. degree with a specialty in Judicial Administration - May, 1979 Special Project: Performed an assessment of training needs of County Juvenile Court Clerk Training Program - Assessment is applicable to the entire Court System. . AMERICAN UNIVERSITY -Washington, D. C. B. S. Degree - Administration of Justice Advanced Courses included: Theories of Justice - Civil Disorder - Contemporary Corrections in the United States - Evidence - Civil Procedure - Constitutional Law - Selected Topics in Child Abuse & Neglect Grade Point Average: 3.75 an a 4.00 wale Honors/Activities: Dean's List, Member American Judicature Society, and. Society for Public Administrators . JOHN JAY COLLEGE OF CRIMINAL JUSTICE - New York, New York Summer course - Administration of Justice BRADLEY UNIVERSITY- Peoria. Illinois Administration of Justice major Member, Sigma Delta Tau Sorority SUMMARY OF QUALIFICATIONS Diversified experience in training, managing people, office control, staff direction, procedures, work flow and promotions, accurate reporting of results . Versatile and energetic ... . Excellent verbal and written communica- tions .... Experienced in organizational analysis .... Effectiveness improvement through troubleshooting problems and motivation techniques ... . A communicator - skilled organizer/planner/innovator .... Strang motivator . Experienced statistician, evaluator, reporter, and budget manager ... . Pride to job well done ... . PROFESSIONAL EXPERIENCE Summer, 1978 U. S. District Court, Eastern District of New York Brooklyn. New York . Administrative Intern Researched, created, developed and wrote an extensive Personnel and Orientation Manual, first of kind, currently used in training Federal Court Employees. Compiled and analyzed caseload statistics for use in preparation of a management Information report. 1977 - 1978 Flier, Ross G Barens - Los Angeles, CA . LeoaI Secretary Prepared legal papers and correspondence of legal nature, such as summonses. FM2510 complaints, motions, interrogatories, and subpoenas. February 14, 1980 I am interested in the 0ity :.:anuL;er position as announced in the University of Southern 0alifornia - Public Administration Bulletin. Attached is my r•ea;:tre. Jayne Kahaner FEB 25 '980 kt 0 JAYNE KAHANER Page Two PROFESSIONAL EXPERIENCE (continued) 1975 - 1976 Government of District of Columbia - Washington, D.C. Student Intern Gathered, analyzed, and evaluated recent court cases, articles and studies concerning child abuse and neglect and prepared summaries. Reviewed case information, extracting data and coding on proper forms. Assisted project coordinator in analyzing and presenting data. Maintained liaison with social agencies and treatment resources in preparation for project training. Assisted attorneys in contacting and discussing testimony with witnesses in child abuse and neglect cases. Assisted In setting up training programs for professionals in the field. U. S. District Court - Washington, D.C. . Student Intern Assigned to Mr. Herbert N. Haller, Chief Deputy Clerk; and Mr. James Davey, Chief Clerk. Participated in both criminal and civil trial activities, e.g. Judge's Court involving pleas, arraignments, sentencings, and motions. Reviewed minor offense trials, sub -arraignments, preliminary hearings, etc. In Magistrate's Courtroom. Assisted in inventory of sealed material. Worked closely with both civil and criminal digit clerk, civil new case clerk, multi - district litigation and miscellaneous docket clerk, and criminal new case clerk when indictments were returned. Analyzed indoctrination of new jurors determining how jury panels were provided. Determined jury selection and utilized results of jury questionnaires, and reviewed Clerk's Supplemental Manual. Studied civil and criminal Courtrun systems and reviewed non- Courtrun statistical duties performed by data processing unit. Served as Staff Assistant and worked closely with probation officer. Indoctrinated into admission of citizens to USA and admission of attorneys to the Bar of this Court. Engaged in discussion with Chief Deputy Clerk of Calendaring systems. Assisted In Administrative services; worked with attorney from Defender Service. ADDITIONAL EXPERIENCE Security Agent - Eastern & Braniff Airlines at Kennedy International Airport, New York Director of Summer Camp - American Traits West, Long Island, New York Conducted tour across Canada and the United States for students, ages 13-17. PERSONAL Date of Birth: Dec. 12, 1953; Health: Excellent; Single; U. S. Citizen; Bondable REFERENCES Business and personal references are available and will be furnished upon request. I i i r t J 0 r February 28, 1980 The Honorable Vincent O'Reilly, Mayor RE: KENAI CITY MANAGER City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mayor O'Reilly: Attached for your information is a copy of my resume'. While I am not familiar with the current status of your recruitment efforts to hire a City Manager, if the position is still unfilled, please consider this letter as an application for employment. A brief review of my resume' will reveal that I have had extensive experience at all levels of government, i.e. local, state and federal. My most recent city experience was with the City of Valdez, Alaska, a position I held for over six years during the pipeline construction activity from 1971 to 1977. From 1977 to the present, I have been the Regional Director for the State Department of Transportation and Public Facilities located at Valdez, Alaska. My duties involve supervision of the maintenance and operations of the highway system, 21 rural airports, numerous public office buildings and the supervision of the Design and Construction Division responsible for several major construction projects involving many millions of dollars worth of construction. My list of references include Emil Wegner, former Mayor of Valdez, Walter Day, former Mayor of Valdez, numerous State Legislators, State Department Heads, and other public figures. I believe that my list of accomplishments in city government is equivalent to those of any City Manager. 1 am willing to come to Kenai (most anytime) should you be interested in an interview. I can be reached at my home after normal business hours at 835-4688 or P.O. Box 582, Valdez, Alaska, 99686. I look fo,x 4ard to meeting with you to discuss the manager position. Very rul your rbert W Lehfeldt RE'S_'ME Ip of HMEW ::. LEhTEIDT P. 0. Box 582 Valdez, Alaska 835-4688 I. PEIMNAL INFORYJ,ATION DATE OF BIRTH: March 21, 1926 PACE OF BIRTH: Kent, Minnesota United States Citizen) MARITAL STATUS: Married NU IBE? OF DEPENDENPS : Five SEX: Male _- RACE: Caucasion HEIGIgi": 5' 10" LIEIGHr: 170 COLOR HAIR: Brown COLOR EYES: Blue HEALTH: Good II. I•':ILITARY SERVICE U. S. Arm Air Forces, August 1944 to August 1946 - Sergeant, Airplane and Engineer Mechanic III. EDUCATION ELEMEUARY SCHOOL: Hawthorne S.-nool, Helena, Montana - Graduated 1941 HIGH SCHOOL: Helena High School, Helena, Montana - Graduated 1945 COLLEX:E: University of Denver, Denver, Colorado - Graduated 1952 and was warded BS Degree in Civil Engineering. ADDITIONAL COURSF3 OR TRAINING: (1) Basic Principles of Supervision (I sewster), Dawney High School Adult Division. (2) Principles of Administration and Supervision, California :r State Highway Division. (3) Techniques of Public Works ;4ministration, Mount San Antonio College. (4) Completed 18 credit hours tum- rd Masters Degree in Public Administration, Universit.• of Alaska - Currently pursuing -- f program. PRO~EjSIO:il1L CEITIFICATE: Registered Engineer, Texas, No. 16591. rJ W. R CES The Honorable Walter J. Hickel, Former Secretary of the Interior, Anchorage, Alaska The Honorable Ted Stevens, United States Senator from Alaska, 317 Senate Office Building, Washington, D. C. `ihe Honorable Edwin Reinecke, Lieutenant Governor, State of California, State Capitol, Sacramento, California V. FWWY1WU HIMRY - (Note - SEE AWACROU for more complete data on each position held) E14WYER AND POSITION 1102M. 9 . ADDRESS FROM M (1) City Manager City Council P. 0. Box 506 4-71 .6-77•. City of Valdez Valdez, Alaska (2)' Administrative State of Alaska Office of 2-69 2-71 Assistant B. L. McMurtrey Governor (3) City Manager City of Juneau Juneau 11-67 2-69 City Council Alaska - (u) City City of Palmdale 11-62 11-67 Administrator Palmdale California (5) City City of Bell Gardens 8-61 11-62 Administrator Bell Gardens California . (6) Director of City of Paramount 6-58 8-61 Public Works Paramount California and Asst. City M. D. McKeown Manager Supervising U. S. Bureau of Denver 5-57 6-58 my. cons. Public Roads Colorado Engineer GS-11 K. S. Chaberlain (8) Civil Engineer L. A. Company 108 West 3-53 5-57 Associate Road Dept. 2nd St. W. W. Shelby Los Angeles California (9) Design Engineer Bureau of Denver 11-52 3-53 GS-5 Reclamation Colorado Foreit Richey i� AW cr H 6A FE8 21 M P. O. Box 8109 Anchorage, AK 99510 February 19, 1980 Honorable Vincent O'Reilly Mayor of the City of Kenai P. 0. Box 580 Kenai, AK 99611 Dear Mayor O'Reilly: As per our telephone conversation, I am resubmitting my resume for the position as City Manager. If you require letters of reference in addition to the three that were provided, please let me know. As we briefly dicussed, I am a five-year resident of Alaska and am committed to staying for a long time. I know I have the administrative J skills necessary to handle the job. I find the Kenai area very attractive both as an environment in which to live and as a growing community that would provide interesting professional challenges. I realize there will be significant public contact in the City Manager's office. As my resume indicates, Ihave always been in a public service position, both in and out of government. I enjoy the nature of dealing with people in both service and supervisory capacities. I would really appreciate an opportunity to interview with the City Council. I know the Council would find me much more suitable than the resume apparently indicates. Thank you for your time and consideration. Sincerely, �IV _' jf/ Dan Van Eaton cc: Ron Malston a r i i RESUME PERSONAL Name: DANIEL H. VAN EATON Age: 35 Birth Date: September 5, 1944 Place of Birth: Yakima, Washington Address: 5051 Bryn Mawr Court Anchorage, Alaska 99504 (907) 337-6893 Marital Status: Divorced Children: Kimberly (10); James (8); Michael (6) Military Status: Obligation Complete, Honorable Discharge EDUCATION Moody Bible Institute, Chicago, Illinois Yakima Valley College, Yakima Washington University of Washington, Seattle - B.A. Speech - Cumulative GPA 3.67 HONORS AND AWARDS Phi Beta Kappa, University of Washington, 1971 H. Watson Scholarship, University of Washington, 1970-71 Outstanding Student Award, Yakima Valley College, 1969 Several debating trophies, Yakima Valley College, 1969 Lettered in varsity wrestling, Moody Bible Institute, 1965 JOB EXPERIENCE Feb., 1978 - Present: Administrator, The Alaska Clinic Duties: Responsible for total management of a 45- physician, multi -specialty, medical group - practice. Directly responsible for implemen- tation of policies of the Board of Directors, including: personnel policy for 160 ancillary staff; operation and security of a 12 million dollar physical plant; supplies including controlled drugs; financial affairs including collection of over one million dollars per year in delinquent accounts; PR problems of controversial areas such as abortion and union control; coordination and collection of a variety of state and federal insurance funds including over one million dollars annually in State Medicaid; a variety of legal problems from physician contracts to malpractice suits. 0 I � .i t For a number of reasons, mostly economic, the professional corporation dissolved July 31, 1978. Since then I have been responsible for the resolution of the following: Millions of dollars in receivables and payables; termina- tion of a 50 million dollars lease; security and distribution of pension and profit sharing funds; disposition of a million dollars worth of equipment; and all related litigation. July, 1977 - Jan., 1978: self-employed, residential & commercial construction. Dec., 1976 - July, 1977: Ass't. Construction Supervisor, Anchorage Baptist Temple. Duties: Working construction supervisor for multi- million dollar addition to church of auditorium and classrooms. July, 1976 - Nov., 1976: Project Manager, Douglas Doil Company.' Duties: Responsible for entire development of a twelve -store, covered -mall complex in Kodiak, Alaska, including material acquisition, construction supervision, leasing and tenant coordination. Jan., 1976 - June, 1976: President, United Properties, Inc. Duties: Responsible for organization of a property management company to handle construction and management of investment properties for two Anchorage -based development companies. Aug., 1973 - Jan., 1976: Manager, Renton Village Company Duties: Responsible for administration and development of a 37.6 acre commercial complex. This job included all aspects of property management including leasing, construction, tenant im- provements, contract negotiations, maintenance, staff supervision, and budgeting. The complex included the following: Page Two Evergreen Office Building 6 story, 84,000 sq. ft. Renton Village Shopping Center 30 stores, 110,000 sq. ft. Two gas stations Seattle Trust & Savings Bank 3,825 sq. ft. Cinema I & II Theater 20,000 sq. ft. Sheraton Renton Inn 190 rooms Veterinary Clinic 2,100 sq. ft. April, 1972 - August 20, 1973: Real Estate and Property Manager, City of Seattle. Duties: Responsible for planning, allocation, management and inventory of all City General Municipal Property and Facilities (including office buildings, fire stations, police precincts, and surplus property). This job involved all aspects of building manage- ment and leasing, as well as acquisition and dis- position of property. I worked closely with all department heads and their key personnel, the Mayor's office and OMB. I also worked closely with all council members and the Corporation Council to effect numerous ordinances. An annual budget was prepared each fall for a staff of six to administer the following: Total sq. ft. office space 1.2 million sq. ft. Number of buildings managed 27 Number of leases in force Approximately 100 Revenue from City property leased $100,000 Space rearranged in 1973 150,000+ sq, ft. June, 1970 - April, 1972: Assistant Director, Youth Division, City of Seattle. Duties: Initially a contractual employee responsible for Department of Labor's Summer Transportation Grant, progressed to Coordinator of all Youth Division Operations including summer programs, summer NYC, NYC-2, Detached Workers, and monitoring of 15 to 20 Model City Youth Programs. These programs amounted to over two million dollars annually and at times required direct supervision of 50 to 80 staff. Miscellaneous summer and part-time through school: --Truck driver in wheat harvest, Eastern Washington --Tractor driver, Libby, McNiel & Libby, Yakima, WA. Page Three 0 June, 1965 - August, 1967: Stenographer for Chief of Staff, Berlin Brigade, U.S. Army. Duties: Shorthand, typing, filing, supervision of four clerks. Jan., 1965 - June, 1965: Frameman, Pacific Telephone Co., Costa Mesa, CA June, 1964 - Sept., 1964: Sports Director, Boys Summer Camp, Rumney Depot, N.H. Jan., 1964 - June, 1964: Night Watchman, Moody Bible Institute, Chicago, ILL. ACTIVITIES AND INTERESTS Rotary Club of Renton Notary Public Teaching - Vocational Certificate with Green River Community College, Auburn, WA. Flying, Boating, Hunting and Fishing Debating Wrestling REFERENCES David M. Dietz, M.D., President Board of Directors The Alaska Clinic 2841 DeBarr Road Anchorage, AK 99504 278-9558 Fred B. Arvidson, Esq. HUGHES, THORSNESS, GANTZ, POWELL & BRUNDIN 509 West Third Avenue Anchorage, AK 99501 274-7522 Mr. Douglas Doil P. O. Box 534 Anchorage, AK 99501 274-8368 Carlin Williams, architect Anchorage, AK 277-8689 Page Four T _-19 _ 0 CITY OF KENAI "O,rl eapdw aj 4"If _ P- O. SOX 380 KENAI, ALASKA 99611 TELEPHONE 2$3 - 7535 N t yti TO: Council Harbor Commission FROM: Vincent O'Reilly Mayor RE: Telephone Conference of Feb. 13, 1980 or Feb. 14, 1980. Commissioner John Williams was in Juneau and spent some time working the Small Boat Harbor situation., , Find situation at this time: A. Use the $10,000 State/CityIgrant to collect and collate all pertinent present and past small boat harbor material. Develop as much design schematics as possible within. time and fund effort. Have map with sites, perhaps model. This work plus the Corp. of Engineer 107 study should be finalized and presented to Commission, Council, State Administration and Legislature by April 15. A grant writer effort rather than engineer firm seems appropriate. B . A $500, 000 direct appropriation for detailed engineering and design, hydrology studies should continl:: iv be sought. Williams has appar- ently obtained our legislative delegation and Director of Harbor Statter's support on this with the latter not that firm on total amount. C. Statter indicated to Williams a willingness to include $4,000,000 of harbor construction money in Governor's bond package of Capital improvements. The $585,000 in present bond money can be used in certain type of construction. March 3, 1980 T - 2- TO: Council March 3, 1980 Harbor Commission FROM: Vincent O'Reilly Mayor Teleconference discussion indicated we may be looking at some type of general package -.like this - if all studies, etc. are favorable. 1. $10,000 study completed, April 15 2. Corp. of Engineer study completed, April 15 3. Direct appropriation of $500,000 for detailed engineering obtained 4. $4,000,000 Construction money - State 5. Use the present $585, 000 6. Federal funding of $2,000,000, maybe $3,000,000 if limit raised. Please understand this is a very fluid situation. If I may add, we are very fortunate to have John Williams willing and able to help in Juneau on this. VOR: jw j------r — — r -^- -- —•s "_' '� ''"-ems' y1 (� KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING FEBRUARY S, 1980; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - AJGENDA - A. CALL TO ORDER AND ROLL CALL 1 B. PLEDGE OF ALLEGIANCE 1 C. SEATING OF NEW ASSEMBLYMEMBERS 1 D. AGENDA APPROVAL 1 E. APPROVAL OF MINUTES OF JANUARY 22, 1980 1 Approved F. ORDINANCE HEARINGS (a) Ord. 80-1 "Appropriating $11S,619 from the e e�ral Revenue Sharing Fund to the Borough Administration Building Renovation Project for the Purpose of Performing Certain Work" 1 Enacted with Memo 80-89 (b) Ord. 80-2 "Appropriating $215,000 for the ons� ttuction of a River Training Structure to Protect the Seward Landfill from Erosion" 1 Enacted G. CONSIDERATION OF RESOLUTIONS (a) Res. 80-10 "Protesting the Renewal or rannssfer of Certain Liquor Licenses Within the Borough Because of Delinquent Taxes" with Memo from Attorney 2 Adopted as amended (b) Res. 80-12 "Supporting the Allocation of State ShaFed Revenues for Municipal Libraries and Museums in the Borough" 2 Defeated R 80.15 "A di h C f h (c) es. war ng t e ontract or t e onstruct on of the Seward Landfill River Training Structure to Brown Construction Company" with Memo 80-86 and Bid Tabs 3 Adopted (d) Res. 80-16 "Awarding the Contract for '.Survey Wo k Required for the Construction of the Seward Landfill Training Structure to McLane & Associates" with Memo 80-88 3 Adopted r (e) Res. 80-17 "Awarding the Contract for the u� chi ation of the Property Tax Foreclo- sure List for the Tax Year 1979" 3 Withdrawn (f) Res. 80-18 "Awarding a Contract for the onstruction of Borough Administration Building Ground Floor Renovation (1979) T-r Additive Alternatives Nos. 2 and 3 to ;I Cordova Construction Company" 3 Adopted (g) Res. 80-19 "Awarding a Contract for the Purchase of Breathing Apparatus to Fire s l Control Northwest, Inc." 4 Adopted T `+. 'ram _. � �t • .�.__ ir- ��' a AGENDA FOR MINUTES OF FEBRUARY S, 1980 Page No. (h) P.cs 80-20 "Requesting the Eleventh Legis- lature to Fund the Improvement of Ninilchik Spit Road Including Acquisition of Right - of -Way, Road Repair, Reconstruction and Maintenance By the State of Alaska" 4 Referred to Public Works Cm. H. INTRODUCTION OF ORDINANCES (a) Ord. 80-8 "Appropriating Funds from the Land Trust Fund Unappropriated Balance to Land Trust Fund Operating Expense" 4 Set for Hearing 3-4-80 (b) Ord. 80-9 "Adopting a Comprehensive Plan orb` —the City of Kenai As a Part of the Kenai Peninsula Borough Comprehensive Plan" with Memo 80-90 4 Tabled until Feb. 19, 1980 (c) Ord. 80-10 "Increasing the Appropriation or the Solid Waste Transfer Site Budget By $S5,000" with Memo 80-87 5 Adep"dAtt— (d) Ord. 80-11 "Establishing a 5e Bid Preference on Borougw Projects for Contractors Located Within the Borough" 5 Defeated (e) Ord. 80-12 "An Ordinance Amending the Kenai Peninsula Code of Ordinances Rela- ting to the Regulation of Legal Advertising" 5 Postpone until Feb. 19, 1980 I. FORMAL PRESENTATIONS WITH PRIOR NOTICE (a) (a) Mr. Carl Port, Kenai River Subdivision J. COMMITTEE REPORTS (a) School Board Report, Fischer _ K. MAYOR'S REPORT (a) Memo 80-81, Planning Dept. Maps and Aerial Photographs (b) Letter from Gov. Hammond re Oil and Gas Sale (c) Letter from DOT re Steering Committee for Multi -modal Transportation Study (d) Memo 80-91, Economic Development Council (e) Lobbyist Russ Meekins, Sr. Report L. SCHOOL CONSTRUCTION REPORT (none) M. OTHER BUSINESS (a) Tax Adjustment Requests (b) Letter from Atty. Sarisky re Soldotna H.S. C.O. for Extra Steel - PENDING - (c) Ord. 79-7.4 "Rezoning a Portion of Bayview Subdivisi5n, City of Homer from Residential (R) District to Commercial (C) District" 11 WII I 11 AGENDA FOR MINUTES OF FEBRUARY 5, 1980 Page No. N. ASSEMBLY AND MAYOR'S COMMENTS (a) Mayor Gilman; appreciation of Civil Defense, Ordinance for road powers (b) Mrs. Dimmick; Res. 80-20 (c) Mr. Fischer; $S0,000 exemption (d) Mr. Corr; $10,000 exemption form, Griffin commendation resolution (e) Mt. Martin; advance presentation of Plan (f) Mr. Arness; reapportionment meeting report (g) Pres. Elson; letter from CR&A, excused absences (h) Mr. Long; retirement of Griffins O. PUBLIC COMMENTS (none) P. INFORMATIONAL MATERIALS AID REPORTS Q. NOTICE OF NEXT MEETING AND ADJOURINMENT KENAI PENINSULA BOROUGH MINUTES OF THE REGULAR ASSEMBLY MEETING FEBRUARY 5, 1980; 7:30 P.M. - BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA A. CALL TO ORDER AND ROLL CALL The regular meeting of the assembly was called to order at approximately 7:30 p.m. by Pres. Elson. PRESENT: Assemblymembers Cooper, Corr, Davis, Dimmick, Elson, Fischer*, Hille, Long, Martin, Sikorski*, Ambarian, Arness, Campbell; Mayor Gilman, Atty. Sarisky, Admin. Asst. Baxley, Finance Director Barton, Public Works Director Hakert, Planning Director Waring, Principle Planner Waits, Dpty. Borough Clerk Brindley ABSENT AND EXCUSED: Assemblymembers Crawford, McCloud *Arrived after vote on Ord. 80-1. _ B. PLEDGE OF ALLEGIIINCE C. SEATING OF NEW ASSEMBLYMEMBERS (none) D. AGENDA APPROVAL Clerk requested the addition of Ord. 80-12 as Item H(e). There were no other additions or deletions and the agenda was approved without objection. E. APPROVAL OF MINUTES OF PREVIOUS MEETING The minutes of January 22, 1980 regular assembly meeting were approved as written. F. ORDINANCE HEARINGS, OR OTHER PUBLIC HEARINGS j (a) Ord. 80-1 "Appropriating $115,619 from the Federal evenue Sharing Fund to the Borough Administration Building Renovation Project for the Purpose of Performing Certain Work" with Memo 80-89 t The Ordinance was read by title only as copies were available for the public. Public hearing was opened. Mr. Truman Knudson spoke against the renovation project, refer- ing to plans to refurnish the assembly room. lie believed ,. �. f � governmental bodies should wait until people in the private desk all ° sector were able to catch up, stating he had no at `a 'r and questioned the need for the assembly to replace what appeared adequate. { Public hearing was closed. ASSEMBLYMEMBER LONG MOVED FOR ENACTMENT AND THE ORDINANCE WAS ENACTED BY A VOTE OF 52 "YES" TO 17 "NO" Corr, Hille and v—E Martin voting negatively. -- (b) Ord. 80-2 "Appropriating $215,000 for the __-Construction of a River Training Structure • to Protect the Seward Landfill from Erosion" i The ordinance was read by title only as copies were available - for the public. Public hearing was opened and as no one wished to speak, was closed. 0 0 t �I 13 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FEBRUARY S, 1980 PAGk 2 ASSEMBLYMEMBER CAMPBELL MOVED FOR ENACTMENT AND WITHOUT DIS- CUSSION THE ORDINANCE WAS ENACTED BY UNANIMOUS VOTE. G. CONSIDERATION OF RESOLUTIONS (a) Res. 80-10 "Protesting the Renewal or Transfer o Certain Liquor Licenses Within the Borough Because of Delinquent Taxes" with Legal Memo ASSEMBLYMEMBER COOPER MOVED FOR ADOPTION OF RES. 80-10. Mr. Martin asked if contractors bidding on projects are required to have taxes paid to qualify and Mr. Barton replied affirmatively. ASSEMBLYMEMBER HILLS MOVED TO AMEND SECTION 6 AUTHORIZING TILL• MAYOR TO PROTEST AND OPPOSE RENEW AND TRANSFER OF LIQUOR LICENSES BY ADDING "until paid in full". Mr. Hille expressed concern for persons who might come up with full payment on the day following adoption of the resolution. Mayor Gilman reported the intention is to notify the ABC Board when full payment is made in order to have the protest lifted. Atty. Sarisky reported that a system of payment arrangements has been worked out so that persons who cannot pay in full, but are making payments according to an agreed upon schedule, could continue to operate their businesses following a confes- sion of judgement. QUESTION WAS CALLED ON THE AMENDMENT WHICH PASSED BY A VOTE OF 60 "YES" TO 21 "NO"; Cooper, Corr and Pickarsky voting negatively. ASSEMBLYMEMBER DAVIS MOVED TO STRIKE "until paid in full" AND SUBSTITUTE "unless adequate arrangements for payment have been made with the Mayor", SINCE HE IS THE ONE DEALING WITH LICENSE HOLDERS. Mr. Davis and Mr. Hille expressed the belief that the assembly should not be putting people out of business; these are large debts and some accommodation should be made. QUESTION WAS CALLED AND THE AMENDMENT PASSED BY UNANIMOUS VOTE. THE RESOLUTION WAS ADOPTED AS AMENDED BY UNANIMOUS VOTE. (b) Res. 80-12 "Supporting the Allocation of State Shared evenues for Municipal Libraries and Museums in the Borough" ASSEMBLYMEMBER CORR MOVED FOR ADOPTION OF RES. 80-12. Mayor Gilman reported for information on revenue sharing that if museums and libraries are added to the list of projects for which these funds can be spent, it will reduce the amount apportioned for ongoing projects such as hospitals and planning in the outside city area; roads, fire, police and recreation for cities. The legislature appropriates a set amount for revenue sharing each year. Mr. Cooper stated that since the cities bear the full costs of libraries which are used by people living outside, some funding such as this should be available to them. Several members commented that without library and museum powers the museums and libraries outside cities would receive no revenue from the allocation. - 2 - V- KENAI PENINSULA BOROUGH ASSEMBLY RIiCUI.AR MFI:TING MINUTES FEBRUARY S. 1980_ _ PAGE 3 QUESTION WAS CALLED AND THE RESOLUTION DI:FI:ATI:D BY A VOTE OF 38 "YES" TO 43 "NO"; Cooper, Corr, Fischer, Long, Pickarsky and Ambarian voting affirmatively. (c) Res. 80-1S "Awarding the Contract for the ons� true n of the Seward Landfill River Training Structure to Brown Construction Company" with Memo 80-86 and Bids ASSEMBLYMEMBER CAMPBELL MOVED FOR ADOPTION OF RES. 80-1S AND WITHOUT DISCUSSION IT WAS UNANIMOUSLY ADOPTED. (d) Res. 80-16 "Awarding the Contract for urvey Work Required for the Construction of the Seward Landfill Training Structure to McLane $ Associates" with Memo 80-88 ASSEMBLYDSEMBER CAMPBELL MOVED FOR ADOPTION OF RES. 80-16. ASSEMBLYDIEMBER ARNESS ASKED TO BE ALLOWED TO ABSTAIN BECAUSE HE IS RELATED TO MR. McLANE. ASSEMBLYAIEMBER HILLS MOVED MR. ARNESS BE ALLOWED TO ABSTAIN. Mr. Davis objected recalling in the past the Assembly President made such rulings. Pres. Elson noted a motion on the floor. VOTE WAS CALLED AND THE MOTION WAS APPROVED BY A VOTE OF 72 "YES" TO 3 "NO"; Campbell voting negatively, Arness abstaining. QUESTION WAS CALLED ON THE '.►POTION TO ADOPT AND RES. 80-16 WAS ADOPTED BY UNANIMOUS VOTE WITH ARNESS ABSTAINING. (e) Res. 80-17 "Awarding the Contract for the Publicationofof the Property Tax Foreclosure List for the Tax Year 1979" (to be provided at meeting) Atty. Sarisky referred to a Memorandum from Mr. Barton reporting the only bid received, from Cook Inlet Chronicles, was not opened because the newspaper does not qualify for legal publi- cations in accordance with Ordinance 79-71. A letter from the Peninsula Clarion declines to bid due to specifications requir- ing 8 point type size and too little lead time for printing. Because of lack of qualified bidders, Resolution 80-17 was withdrawn. (f) Res. 80-18 "Awarding a Contract for the ansstructTon of Borough Administration building Ground Floor Renovation (1979) Additive Alternatives Nos. 2 and 3 to Cordova Construction Company" ASSEMBLYMEMBER LONG MOVED FOR ADOPTION OF RES. 80-18. It was clarified that a previous resolution approved a contract for the main project and Alternative No. 1; the bid was kept open by agreement with the contractor and Res. 80-18 includes Alternative Nos. 2 and 3. QUESTION WAS CALLED AND WITHOUT DISCUSSION RES. 80-18 WAS A OPTED BY A VOTE OF 75 "YES" TO 6 "NO"; Martin voting nega- tively. - 3 - ram_ c �7F KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FEBRUARY S, 1980 PAGE 4 (g) Res. 80-19 "Awarding a Contract for the Purchase of Breathing Apparatus to Fire Control Northwest Inc. 1 i ASSEMBLYMEMBER ARNESS MOVED FOR ADOPTION AND WITHOUT DISCUSSION, RES. 80-19 WAS ADOPTED BY UNANIMOUS VOTE. (h) Res. 80-20 "Requesting the Eleventh Legislature toF`ndtTte Improvement of Ninilchik Spit Road Including Acquisition of Right -of -Way, Road • Repair, Reconstruction and Maintenance By the State of Alaska" ASSEMBLYMEMBER DIMMICK MOVED FOR ADOPTION OF RES. 80-20. Mrs. Dimmick reported the road along the Spit to the boat harbor was washed by extreme weather during high tides this Fall. What is left will no doubt be destroyed by the Spring thaw and storms. The Corps of Engineers and state agencies have declined to take a serious look at the problems until the Village floods. The Resolution is an effort to get -- the Legislature interested in beginning something constructive. Mr. Hille believed this situation should fall under the established roads and trails program or should at least be studied further. ASSEMBLYMEMBER HILLS MOVED TO POSTPONE RES. 80-20 UNTIL THE NEXT MEETING WHEN THE PUBLIC WORKS COMMITTEE CAN COME BACK WITH A REPORT ON IT. • Mrs. Dimmick believed the nature of the problem is more of an emergency than the usual projects on the roads and trails list. ` QUESTION WAS CALLED AND THE MOTION PASSED BY A VOTE OF S1 "YES" - _ TO 30 "NO": Corr, Dimmick, Fischer, Sikorski and Arness voting negatively. H. INTRODUCTION OF ORDINANCES (a) Ord. 80-8 "Appropriating Funds from the Land Trust Fund Unappropriated Balance to Land Trust Fund Operating Expense" ASSEMBLYMEMBER CAMPBELL MOVED TO SET ORD. 80-8 FOR HEARING MARCH 4, 1980. It was pointed out that a portion of the appropriation was to reimburse the landowner with whom the borough was negotiating `.t<= for a school site in Homer when the decision was made to change + the location. The sum of $9,972.50 would cover his replatting i ` costs which were incurred for the sale to the borough. QUESTION WAS CALLED AND THE MOTION APPROVED BY UNANIMOUS VOTE. (b) Ord. 80-9 "Adopting a Comprehensive Plan or�City of Kenai As a Part of the Kenai Peninsula Borough Comprehensive Plan" - ASSEMBLYMEMBER AMBARIAN MOVED TO SET ORD. 80-9 FOR HEARING MARCH 4, 1980. Mr. Ambarian noted a desire on the part of some assemblymembers to amend the Comprehensive Plan and since copies were not avail- able to the assembly until tonight, he requested that all such -' amendments be withheld until the hearing date. 0 - 4 - 0 KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FEBRUARY 5, 1980 PAGE 5 Mr. Arness recalled hearing objections to amending Ordinances after public hearing has been closed and felt the appropriate time for amendments to be made was at introduction. �^• Mr. Campbell reported he could not vote on amendments to a Plan which he had not had an opportunity to read. It would take some time for study in order to decide. Mr. Martin objected to the fact that copies of the Plan were not available to the assembly months before, rather than at this meeting. ASSEMBLYMEMBER CORR MOVED TO TABLE INTRODUCTION OF THE ORDINANCE UNTIL FEBRUARY 19. THE MOTION WAS APPROVED BY A VOTE OF 45 "YES" TO 36 "NO"; Davis, Dimmick, Fischer, Martin, Sikorski and Arness voting "No". (c) Ord. 80-10 "Increasing the Appropriation for the Solid Waste Transfer Site Budget by $S5,000" ASSENBLYMEMBER AILNESS MOVED TO SET ORD. 80-10 FOR HEARING MARCH 4, 1980. WITHOUT DISCUSSION THE ORDINANCE WAS SET FOR HEARING BY A UNANIMOUS VOTE. (d) Ord. 80-11 "Establishing a 5% Bid Preference on Borough Projects for Contractors Located Within the Borough" ASSEMBLYMEMBER FISCHER MOVED TO SET ORD. 80-11 FOR HEARING MARCH 4, 1980. Mr. Martin recalled having asked the attorney to prepare a similar ordinance in the past and being told it would be unconstitutional. Atty. Sarisky believed after discussion with Mr. Martin at that earlier time, Mr. Martin had agreed it could be considered uncon- stitutional. This type of legislation would be what the courts have considered price fixing and restraint to trade activity, unappropriate for governmental bodies. ASSEMBLYMEMBER ARNESS MOVED TO REFER ORD. 80-11 TO THE FINANCE COMMITTEE. Mayor Gilman verified recollections that the proposal had been considered previously and the legislation failed. QUESTION WAS CALLED AND THE MOTION TO REFER FAILED BY UNANIMOUS VOTE. VOTE ON SETTING FOR HEARING FAILED BY A VOTE OF 27 "YES" TO 57 "NO"; Corr, Davis, Fischer and Sikorski voting affirmatively. (e) Ord. 80-12 "An Ordinance Amending the Kenai Peninsula Borough Code of Ordinances Relating to the Regulation of Legal Advertising" ASSEMBLYMEMBER DIMMICK MOVED TO SET ORD. 80-12 FOR HEARING MARCH 4, 1980. Mr. Campbell asked Atty. Sarisky what the time requirements for publication of the foreclosure list are, and whether it must be published annually. -S- B KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FERRIIAhV S 1990 PAGE 6 Atty. Sarisky replied the statute requires an annual foreclosure list be prepared as soon as practicable after the close of the tax year and publication of the list for four consecutive weeks in a newspaper "of general circulation". Mr. Fischer asked the author of the Ordinance if the intent was to remove the bid requirement from publication and allow the administration to decide which newspaper to use. Mrs. Dimmick replied it would be like many other projects for which administration chooses the contractor and the assembly by resolution approves the contract. She believed the ordinance to be in agreement with the statutes, and is not as restrictive as the ordinance that applies to other legal advertising. Mayor Gilman reported dismay that the responsibility for choosing a publisher would be transferred to him for a project that could cost $25,000 while other prcjects he can decide on are limited to $5,000. fie believed it should be the assembly's designation. Mrs. Dimmick explained that the ordinance provides an exception to the type size required by the present code for publication of the foreclosure list. If, the assembly wishes to keep the responsibility of designating which newspaper publishes rather than transferring it to the Mayor, the entire Section 3 could be deleted. Mayor Gilman stated in response to questions that there is no set time for the list to be published although it is usually done in February, and there are no regulations that state the publication must go to bid. ASSEMBLYMEMBER COOPER MOVED TO POSTPONE INTRODUCTION OF ORD. 80-12 TO FEBRUARY 19 TO ALLOW TIME FOR THE ASSEMBLY TO STUDY THE ORDINANCE AND THE MOTION WAS APPROVED BY A VOTE OF 75 "YES" to 6 "NO"; Dimmick voting negatively. I. FORMAL PRESENTATIONS WITH PRIOR NOTICE (a) Mr. Carl Port, Kenai River Subdivision Mr. Port requested the assembly to ask the legislature to fund the improvement needed to the approximately 2 miles of road through the subdivision which residents would then maintain. Mayor Gilman referred to a program used in the Mat/Su Borough by which maintenance districts are formed for subdivision roads with a vote of the residents. The state might in this case approve the 60 foot right-of-way easements. This has not been proposed to the state because our borough does not have road maintenance service areas nor has administration received any requests for their formation. Mr. Port stated he would like to have the request made to the state and see what happens. Mr. Hille commented perhaps Mr. Port should contact Mr. Norman Levesque at the Mat/Su Borough who has reported great success with the program. With organization of a service area, the residents become eligible for $1,500 per year grant for the maintenance of their roads. J. COMMITTEE REPORTS 6 - KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FEBRUARY S. 1980 PA1;1. 7 fir. Fischer reported attending the School Board Meeting of February 4 in North Kenai. fie reported the board was presented with a proposal for a building to be located near the Honer High School under some type of sharing arrangement with the Homer Arts Council. Also, the board accepted the resignation of Charlie Griffin and selected the principal and vice principal for Soldotna High School. A budget worksession is scheduled for February 11. K. MAYOR'S REPORT (a) Memo 80-81, Planning Department; Maps and Aerial Photographs Mr. Waring explained the Planning Dept. is increasing the number of maps and aerial photographs for use by borough residents. These maps and photos are used by individuals and businesses to locate and check out parcels of land and 1 development. Mr. Waits of the Planning Dept., presented borough base maps and the aerial photographs which are used in conjunction with the maps. He reported the Planning Dept. is making an effort to keep these documents current by revising on a two year cycle. (b) Letter from Gov. Hammond re Lower Susitna Valley Competitive Oil and Gas Lease Sale Pres. Elson referred to the letter from the Governor requesting the names of three persons from which he could appoint one ex officio member of the Agency Advisory Corunittee on leasing of offshore and onshore oil and gas in the vicinity of Upper Cook Inlet and the Susitna Valley. Without assembly objection, she designated Mr. Ambarian, Mr. Sikorski and bars. Dimmick. (c) Letter from Dept. of Transportation re Steering Committee for Multi -modal Transportation Study Pres. Elson further reported receipt of the letter from the Dept. of Transportation requesting the Kenai Peninsula Borough Mayor and a Borough Assemblymember be appointed to a Steering Committee to conduct a multi -modal transportation study on the Kenai Peninsula. She reported that the person appointed by Governor Hammond to the Agency advisory Committee will also serve on the Transportation Committee for the State. (d) Memo 80-91, Economic Development Council Appointment ' ASSEMBLYMEMBER DIMi,IICK MOVED TO APPROVE THE APPOINTMENT OF MR. ROBERT CLUTTS TO THE ECONOMIC DEVELOPMENT COUNCIL REPLACING CHARLIE OGLE; TERM EXPIRING JUXF 30, 1981. THERE WAS NO OBJECTION AND SO ORDERED. i (e) Lobbyist Russ Meekins, Sr. Mayor Gilman reported the assembly met with Mr. Meekins today and discussed methods of lobbying as well as seven priority 71 items. These items included reapportionment, general revenue sharing, business license corporate tax, school foundation --- program, school cgnstruction program, public works items such as roads and trails as well as service area bonds to be marketed = by the municipal bond bank. - L. SCHOOL CONSTRUCTION REPORT (none) • 7 - r Qr_ 0 KEiNAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FEBRUARY S, 1980 PAGE 8 M. OTHER BUSINESS (a) Tax Adjustment Requests ASSEMBLYMEMBER HILLE MOVED TO APPROVE THE TAR'S AS PRESENTED BY THE ASSESSING DEPT. WHICH S110WS: 1978 Total Additions $ 350 1979 Total Additions $129,153 1977 Total Deletions $ 2,575 1978 Total Deletions $ 93,725 1979 Total Deletions $584,789 THE TAR'S WERE APPROVED BY UNANIMOUS VOTE. (b) Letter from Atty. Sarisky re Soldotna 11igh School Change Order for Extra Steel Mr. Arness reported the letter was requested by the Public Works Committee as information to the assembly. The C. 0. was previously rejected by the assembly. The subject will be before the assembly again soon. - PENDING - (c) Ord. 79-74 "Rezoning a Portion of Bayview Subdivision, City of Isomer from Residential (R) District to Commercial (C) District" Mr. Waring reported the I[omer Planning Commission has not taken further action on this ordinance. Mr. Cooper reported the Commission has twice recommended approval and now it has received the same rezoning back again. The Commission would like to have some assembly direction as to what they are supposed to do as it feels it has already acted appropriately. N. ASSEMBLY AND MAYOR'S COMMENTS (a) Mayor Gilman referred to the letter from the Moose Pass Volunteer Fire Dept. expressing appreciation to Civil Defense Director Don Gallagher for the use of portable genera- tors in the area when the electric power was out for five days last month. Mayor Gilman reported in July 1979, Mr. Long provided an ordi- nance for phased assumption of road construction and maintenance powers in the areas outside first class cities which would pro- vide special assessment districts with a limited mill levy. Whbn Mr. Port gave his presentation tonight requesting mainten- ance of roads in the Kenai River Subd., the major portion of Mr. Long's ordinance applied to the concept discussed. He suggested members of the assembly reexamine the ordinance. (b) Mrs. Dimmick requested the Public Works Committee consider Res. 80-20 at its meeting February 19. (c) Mr. Fischer referred to the letter from Terry Gardiner regarding the proposed $50,000 exemption for real property assessment and directed the Clerk to inform Mr. Gardiner that the present statute is permissive and any attempt to exempt additional valuation would require a vote of the people. (d) Mr. Corr commended Mr. Aikins on his speech at the local chamber of Commerce where he reminded people of the deadline 8 - t KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING MINUTES FEBRUARY S, 1980 PAGE 9 for filing the $10,000 exemption form. Ile believed the news media and radio stations should remind the public of such dead- lines as a public service. Mr. Corr requested an ordinance be drafted which would state that no borough and revenue sharing funds will be used to pay for any city comprehensive plan which addresses annexation of an outside area. Mr. Corr requested a resolution of commendation to Mr. Charlie Griffin for his 21 years of excellent service to the Borough School District as school principal. (e) Mr. Martin requested that future comprehensive plans be presented to the assembly several weeks in advance of the ordinance being presented for introduction and hearing. (f) Mr. Arness announced the Public forks Committee will meet following the regular meeting tonight. Mr. Arness reported attending the reapportionment meeting in Juneau and conveyed the assembly's thoughts and efforts toward reapportioning. He also attended the Roads Committee and pointed out the amount of money appropriated is not sufficient to build roads on the Peninsula. (g) Pres. Elson reported a letter has been received from Community and Regional Affairs stating they will be coming to the Peninsula to assist with a reapportionment plan. Mayor Gilman added that Mr. Palmer McCarter has stated he will be here Monday, February 2S. Pres. Elson reported excused absences for Messrs. McCloud and Crawford who were unable to attend tonight. There was no objection. (h) Mr. Long suggested delaying the resolution of commen- dation for Mr. Griffin as his wife may also be retiring soon and she should be included in the resolution. 0. PUBLIC COMIMENTS P. INFORMATIONAL MATERIALS AND REPORTS Pres. Elson called attention to the school board agenda, minutes of the So. Peninsula Hospital, and miscellaneous correspondence. Q. NOTICE OF NEXT MEETING AND ADJOUPNAIENT Pres. Elson announced the next meeting will be February 19 and the meeting adjourned at 9:55 p.m. Date approved February 19, 1980 ATTEST: Assembly President Deputy Borough Cler-7- - 9 - 0 W KENAI PENINSULA BOROUGH • REGULAR ASSEMBLY MEL-TING FEBRUARY 19, 1980; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING P. 0. BOX 850 SOLDOTNA, ALASKA 99669 - A G E N D A - Assembly Vote A. CALL TO ORDER AND ROLL CALL Corr 6 Crawford 2 B. PLEDGE OF ALLEGIANCE Davis 6 Dimmick 6 C. .SEATING OF NEW ASSEMBLYMEMBERS (none) Elson 5 Fischer 6 D. AGENDA APPROVAL Hille 5 I Long 6 E. APPROVAL OF MINUTES OF FEBRUARY 5, 1980 Martin 6 McCloud 3 F. ORDINANCE HEARINGS Pickarskv 8 Sikorski 6 (a) Ord. 80-3 "Adopting a Land Use Plan as Ambarian 5 . a Part of the Revised Comprehensive Arness 6 Plan for the City of Seward" Memo 80-80 Campbell 3 i Cooper 7 (b) Ord. 80-4 "Amending the Subdivision Ordinance to Clarify Building Setback Requirements in the Area of the Borough Within the Boundaries of a First Class City" G. CONSIDERATION OF RESOLUTIONS (a) Res. 80-22 "Authorizing Rates of Pay for PartTime—positions in the North Peninsula Recreation Service Area" (b) Res. 80-23 "Authorizing the Retention of the Services of Financial Consultants in Connection With the Central Peninsula General Hospital Bond issue Approved By the Voters at the Regular Election on October 2, 1979" (c) Res. 80-24 "Transferring Funds from Completed Local Service Roads and Trails Projects to the Unassigned Contingency Fund" (d) Res. 80-25 "Urging the Legislature of the State of ITlaska to Rescind Its Approval of the Equal Rights Amendment" I i i 8 AGENDA, FEBRUARY 19, 1980 Page 2 (e) Res. 80-26 "Transferring Funds to Meet, Expenses to Be Incurred In Participation in the National Association of Counties Spring 1930 Conference on Revenue Sharing" (f) Res. 80-27 "Commending Charles W. Griffin For His Many Years of Public Service and Dedication to the Education of Borough Youth" (g) Res. 80-28 "Expressing the Policy of the Assembly Regarding the Inclusion of Annexa- tion Proposals in the Borough Comprehensive Plan" H. INTRODUCTION OF ORDINANCES (a) Ord. 80-9 "Adopting a Comprehensive Plan or the City of Kenai As a Part of the Kenai Peninsula Borough Comprehensive Plan" Memo 80-90 (b) Ord. 80-12 "An Ordinance Amending the Kenai Peninsula -Borough Code of Ordinances Relating .to the Regulation of Legal Advertising" (c) Ord. 80-13 "Amending the Borough Code of r inances as to Abstention from Voting by Assembly Members in Cases of a Conflict of Interest" (d) Ord. 80-14 "Amending the Borough Codified r inances to Set Forth Certain General Provisions Relating to Permitted Religious and Educational Uses" (e) Ord. 80-15 "Amending Section 20.16.150 of the Boroujh Codified Ordinances to Provide that Consent to Subdivide a Parcel of Land Must Be Granted By All Persons Bolding Inter- est in the Land, Including holders of Deeds of Trust and Mortgages, As a Part of the Subdivision Ordinance" (f) Ord. 80-16 "Amending the Borough Codified Ordinances to Permit the AssembINto Delegate Its Responsibilities As•a Board of Equalization" I. FOXIIAL PRESENTATIONS WITII PRIOR NOTICE (a) Ken Calvert, Truman Knutson and Mike Moore RE: Regional Government AGENDA, FEBRUARY 19, 1980 'Page 3 J. CONR4ITTEE REPORTS • (a) Finance (McCloud, tulle, Cooper, Crawford, Corr, Dimmick) (b) Local Affairs (Campbell, Davis, Sikorski, Pickarsky) School Board, Hille (c) Public Works (Arness, Ambarian, Long) K. MAYOR'S REPORT (a) Financial Report, January 1980 L. SCHOOL CONSTRUCTION REPORT (a) Total Equipment List for Soldotna High School M. OTHER BUSINESS (a) Request for Waiver of Time for Filing Senior Citizen Exemption (Cabanes) (b). Request for Waiver of Time for Filing Senior Citizen Exemption (Baby) PENDING LEGISLATION - (c) Res. 80-20 "Requesting the Eleventh Legislature to Fund tie Improvement of Ninilchik Spit Road Including Acquisition of Right -of -Way, Road Repair, Reconstruction and Maintenance By the State of Alaska" REFERRED TO PUBLIC WORKS COM. (d) Ord. 79-74 "Rezoning a Portion of Bayview Subdivision, City of Homer from Residential (R) District to Commercial (C) District" REFERRED TO HOMER ADVSY- P.C. N. ASSEMBLY AND MAYOR'S CO,NENTS 0. PUBLIC CONnIENTS P. INFOR.ZIATIONAL NIATERIALS A:;D REPORTS (a) Minutes:.Nikiski Fire S.A. 2-7-80 No. Peninsula Recreation S.A. 1-29-80, 1-15-80, 12-13-79, 11-27-79 KPB Plat Committee 1-21-80 News in Brief, 2-4-80 (b) Correspondence -.Cooper Landing School AML Bulletin # 20 Q. NOTICE OF NEXT MEETING (March 4, 1980) AND ADJOURNMENT ?; j K E N A I COMMUNITY LIBRARY 1978/79 t� :J Xena.i Community Attaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 KENAI. ALASKA 99611 Nineteen seventy-eight/seventy-nine has been a busy year. Books and material purchased during the last three months of seventy-seven/seventy eight with approximately $12,000 of Anti -recessionary money arrived and volunteers and staff were very busy processing and shelving this much needed bonus. We were able to replace worn material and fill in a few gaps in the collection. We also were able to purchase films and videocassettes as we had not had funds to do previously. Circulation records show an appreciable increase. An interesting item is the increase of adult non-fiction over fiction circulated. These records are not the entire library use picture, however. We are finding more people using the reading and study area, and reference questions by users as well as the telephone take a great amount of time. Inter -library loans are on the up -swing. Again this year we borrowed books (160) from Sears School to help in the reading program. Even though our shelves are crowded this extra Easy Reading material was needed. I am working with Timmerman to acquire more shelving and a card catalog for the Children's area. I hope that the Board will fund these needed items. We are still relying on the McNaughton collection for much of our new adult material. Our book budget for the coming year will allow us to continue updating the permanent collection, and possibly purchase some additional films or videocassettes. The American Library Association states that the average non-fiction book price is $17.50 and fiction $12.95. This was in a December 19T8 issue and I imagine that that figure has in- creased. We will do the best we can with what we have. There have been some important donations this year. Much of the Genealogy Collection has been donated by the Totem Tracers. Ethel Clausen from the Kenai Peninsula Community College Library donated last years complete collection of College Catalogs on Microfiche. One -thousand -sixty- six book donations by various people in the community are worth $7,995-- using the average discounted library cost. Georgia Struble gave us $250.00 which we used to purchase display racks and holders for the children's cassette books. Dan's TV came, at our request, to work on the antenna, then presented a bill marked "Paid in full"/ We called them again after the snow was off the roof and this time donated their labor, although we were asked to pay for parts. 0 T The staff is still updating the cataloging on the older adult books. The volunteers have completed all they could find in the catalogs, the rest will need to be done by staff. Many of these books, while not in the Public Library Catalogs, are invaluable. I do not feel free to Just say discard them --they are not required. We will work QU them as we can. We did a total library inventory and discovered we had 80 books missing with a value of $459.25. Added to this total we have 96 books not returned, valued at $659.94. The total face value of these books is no indication of their real worth. Many were Alaska books and not replace- able. The Hultan which we purchased at $39.95 in 1974 was $49.95 when replaced, and is now out of print and not obtainable at any price. I have asked the City for a dual use Reader -Printer from the Revenue Sharing funds. We are now waiting for delivery. We have many periodicals on microfiche and the genealogy people are using microfilm extensively. Hard copies of the material are being requested and we will be happy to be able to provide them. I feel sure such a service will be very valuable to our users. Again this year we were not able to increase our hours. I had asked that both clerks be put on full time, this was not allowed. Had we been able to do so, we would have remained open until 9:00 pm. I am told that 8:00 pm is too early and there are often readers still in the library at that time. This report summarizes a few of the activities that have been carried on at the Kenai Community Library during fiscal year 19T8/79. Although statistics and brief reports do not necessarily reflect a true picture of the overall programs, the information contained here highlights the salient features of our operation. Respectfully presented, Emily H. DeForest February 16, 1980 I This is the way we saved you money last year. Readers borrowed 49,232 books. At $7.50 per book (the average cost to the library) readers could have paid $369,240.00 Your library loaned 835 magazines (not counting in-house use). At newsstand prices borrowers might have spent $ 835.00 Library users borrowed 3014 recordings and films (average cost $6.00 per record album). saving $ 18,084.00 Story Hour programs attracted 1820 children. If each child had paid 250 admission this would have cost $ 455.00 Family film programs drew 800 viewers who might have spent $ 2,400.00 Summer film programs for tourists drew 600 visitors who could have paid $ 1,800.00 182 pieces of Audio -Visual Equipment were loaned at an average price of $177.50 each. Borrowers saving $ 32,305.00 The library borrowed for individuals 551 books from other libraries. Many of these books could not be bought at any price. Valued at $10.00 per book, users saved $ 5,510.00 The library also borrowed 396 pieces of AV material consisting of films, phonodiscs, and cassettes. Average value of films $300.00. Borrowers could have saved $118,800.00 Total value of library services $549.429.00 t Total library expenditure for the year $ 76,945.00 !33 Dividend $472,484.00 d For every dollar spent, the library, returned a dividend of $ 6.14 � -� �--• -� -+-fir- Xenai Commungy Attaty A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 KENAI. ALASKA 99611 FY 1978-1979 .elation Adult Juvenile Easy Books Total Fiction 13,412 4,490 12,038 29,940 Non-fiction 15,159 1,400 2,733 19,292 Total Book Circulation 49,232 Audiovisual Materials 3,014 Periodicals 875 Equipment 182 Total Circulation FY 1978-1979 53,303 Total itions Adult Juvenile Easy Books Books Phonodiscs 2580 316 706 3602 69 Gifts 1066 Purchases 2536 Total Additions 3671 edial and Reworked Books n41 Rebinds 74 Total 1215 erlibrar_v Loans Ordered Received Returned Books 580 555 386 AV 489 396 357 erlibrary Loans by Our Library Books 20 AV 66 unteers Average Number 34.25 Per month Total Hours 5425.75 �11 L I B R A R Y C O L L E C T I O N J 1 Previous 1978-1979 Year Added Withdrawn Total Books 20439 3602 321 23720 Periodical Sub. 144 30 5 169 i Phonodiscs 472 69 12 529 16 mm Films 4 4 Videocassettes 20 20 Microfilm (Reels) 7 1 Microfiche inches (EST) 86 86 Other 6 6 i Equipment for Circulation Cassette Players 4 Film Projectors 8 mm 3 16 mm 2 i Slide Projector 1 s.,. Microfiche Readers 2 Equipment for Public Use in Library Microfilm Reader - -- Videocassette Player Microfiche Reader (3) Phonograph (2) Typewriter Copier i i r 1. .l�r PROGRAMS OFFERED Film Showings "Friday Flick" Winter Only Summer Visitors Weekdays, May 15--September 15 Exceptional Children Tuesdays, Summer Children's Programs Story Hour Thursdays All year Summer Reading Program Library Sponsored Groups Totem Tracers Patrons of the Kenai Community Library .Wr-nzuz Community -Zigs.zy A PUBLIC LIBRARY IN SERVICE 6114C9 /949 BOX 157 KENAI. ALASKA 99611 SERVICES SPECIAL COLLECTIONS Alaska Document Depository . PART Collection for Tutoring Program Genealogy Collection Telephone Books on Microfiche (Limited) Periodicals on Microfiche Legislative Bills and Information Congressional Record College Catalogs on Microfiche MATERIALS for CIRCULATION Periodicals Phonodiscs Books Jigsaw Puzzles McNaughton Books SERVICES AVAILABLE Story Hour 10:30 am until 11:30 am Thursdays Summer Reading Program June 4 until July 13 Summer Film Program May 29 until September 14 Monday through Friday Friday Flicks January until middle of March Microfiche Reader Microfilm Reader Magazine Index Reader's Guide to Periodical Literature Manufacturer's Register ALASKA STATE LIBRARY ROTATING COLLECTIONS i� 16 mm films 8 mm films AV MATERIAL for LIMITED CIRCULATION Projectors 3 Cassette Players 16 mm (2) Microfiche Readers - 8 mm (3) Slide Projector Screens 36"x36" 701tx70" B 0 R R 0 W E R S C A R D S North Clam Kenai Kenai Soldotna. Gulch Sterling Kasilof Other Total July 146 15 4T 3 2 6 4 223 August 9T 8 26 2 1 4 8 -146 September 84 11 32 3 1 22 1 154 October 108 3T 50 5 2 6 208 November 136 20 25 5 2 9 1 198 December 3-13 26 5T 1 6 1 204 January 54 23 25 1 4 4 311 February 54 32 2T 6 4 123 March 96 32 46 2 5 5 4 190 April 94 15 23 3 4 11 2 152 may 99 23 32 4 3 11 8 180 June 103 2T 31 6 5 10 6 188 Total 1184 269 421 35 41 93 34 20TT Total Kenai Borrowers 3.184 Total Out -of -City Borrowers 893 'k -- /- --Ilp- -J V O L U N T E E R S i J Month Number Hours July 28 360 August 27 363 _ Septenber 33 4o5 October 49 520 I November 42 583 December 36 416 January 31 323 I ,. February 36 526 March 35 528.25 I j April 29 3T6.5 - - May 34 443 ! June 31 482 i Total 41l 5325.75 i .' ;. Average per month 34.25 452 j Full Time Employee Equivalent 2.T5 per year. Monetary value to the City of $60,500.00 t { j i ' i TOTAL INCOME 19T8-1979 Fines Xerox Donations Miscellaneous Total July $351.57 $T8.25 $ $5.75 $415.57 August 513.69 144.25 17.55 6T5.49 September 350.05 156.25 58.21 564.51 October 310.55 150.25 19.25 480.05 November 384.14 1T9.00 15.13 5T8.2T December 321.66 98.T5 330.15 750.56 January 34T.15 66.25 17.45 430.85 February 323.76 128.00 19.09 4TO.85 March 319.35 138.50 T4.31 532.16 April 279.46 95.00 41.5T 416.03 May 381.35 86.75 52.99 8.57 529.66 June 380.05 88.25 58.TO 3.00 530.00 Total $4242.T8 $1409.50 $T04.40 $1T.32 $63T4.00 EXPENDITURES City of Kenai Appropriation $82,511 Actual Expenditures Personnel Salaries $36,121 Benefits 14,000 Travel 766 Services Communication 799 Printing and Binding 3,260 Utilities 3,155 Other 3,427 Materials Books and Periodicals $5,590 Machinery and Equipment 2,490 Supplies 2,857 Professional Services 4,500 TOTAL $76,945 0 f Expense to Individual Citizens of Kenai Library Income i Alaska State Grant $826.00 I Fines 4242.78 Monetary donations 704.40 Xerox 1409.50 - - Miscellaneous 17.32 I - Total Mon -city funds $7200.00 City of Kenai Contribution $69,745.00 Total Library Expenditures 1978-1979 $76,945.00 Total Population City of Kenai 4421 i Total Expense Each Resident $17.40 Total City of Kenai Expense Each Resident $15.76 d- ^jU t y. pj Y . ti i i i � • I �I W. LEgistATIVE BuUET6 It 22 ITEM OF INTEREST February 19, 1980 Solid Waste, Water & Sewer Construction Grants: The Senate Community and Regional Affairs Committee heard testimony last week on bills to start a solid waste con- struction grant program and to increase the percentage of the state share on water and sewer projects. Commiteee substitutes are being prepared to provide (1) a SO% match on solid waste construction projects with a 60% match on projects that include resource recovery; (2) an increase from 50% to 75% for water and sewer projects; and (3) an increase in the dollar amount of the bond 9ackage to reflect the other changes. Interim Local Government Study Legislative Package: (HB 580 - 586 and SB 348 - 3S4) Both House and Senate CRA Committees have held hearings, including two teleconferences, on their package of local government bills. Committee substitutes are being prepared to reflect some of the changes suggested by public testimony and committee discussions. CMITTEE ACTION CSSB 301 am - Public Safety Participation in AWS - This bill passed the Senate 18-0 2/11 and has been referred to the House State Affairs and Finance Committees. HB SSO - Traffic Control Systems Responsibility - The State Affairs Committee recom- mended a committee substitute and the bill was referred to the Judiciary Committee. HB 60S - Municipalities Participation in State Benefit Program - State Affairs Committee recommended a committee substitute which will require participation in PERS. It has been referred to the Finance Committee. HCR 45 - Senior Citizen Tax Exemption - A sponsor substitute was introduced on February 14. SB 302 - This bill, which was originally an appropriation for the Department of Public Safety's participation in the Avalanche Warning System, was amended on the Senate floor on 1/12 to include an appropriation to the New Captial Site Planning Commission and passed 16-2, but will be reconsidered on 2/19/80. 204 North Franklin - Juneau, Alaska 99801 9 SB 259 - historical Districts - The Senate CRA Committee reported this bill out without recommendation and the bill was referred to the Labor and Management Committee. SB 312 - Election Code - The State Affairs Committee reported out a committee sub- stitute (see report in Senate supplemental # 8, 2/13/80). The bill was referred to the Finance Committee. HB S84 - Eliminating Third Class Boroughs - Introduced January 21 by the Rules Commiteee by request of the Legislative Council, this bill repeals provision for third class boroughs in state law. The CRA Committee reported this bill out with individual recommendations and the bill was referred to the Judiciary Committee. HB 585 - Incorporation of Second Class Boroughs as Home Rule Boroughs - Introduced Janaury 21 by the Rules Committee by request of the Legislative Council, this bill allows a second class borough to adopt a home rule charter. The CRA Committee recommended do pass and the bill has been scheduled for the House calendar for February 19. HOUSE BILLS HB 698 - Reapportionment - Introduced on February 11 by Branson, Malone and O'Connell, this bill deletes the dual majority provision passed last year. It has been referred to the CRA Committee. HB 700 - Income Tax Reduction - Introduced February 11 by Munson and 10 others, this bill reduces the state income tax by 50%. It has been referred to the State Affairs Committee. ` HB 719 - Definition of Municipal Bonds - Introduced February 12 by Malone by request, this bill provides for issuance of bonds by a service area. It has been referred to the Finance Committee. t HB 743 - Definition of Subdivision - Introduced February 14 by Carney by request, this bill changes the definition of "subdivision" by requiring the division of a tract or parcel of land from 2 or more lots, sites, etc. to S. It has been referred to the CRA Committee. HB 74S - Motor Fuel Tax - Introduced February 14 by Zharoff, Anderson and Osterback, this bill repeals the motor fuel tax on moter fuel used in watercraft. It has been referred to the Resources Committee. HB 7S2 - Cultural Facilities Development Fund - Introduced February 14 by Duncan and 16 others, this bill appropriates $52,000,000 for the Cultural Facilities Development Fund. It has been referred to the HESS Committee. j HB 7S9 - Alaska Power Authority Special Appropriation - Introduced February 14 by Anderson and 14 others, this bill appropriates $9,382,400 to the Alaska Power Authority for power production cost assistance. It has been referred to the Resources Committee. { HB 760 - State Aid for Bonded Indebtedness - Introduced February 14 by Anderson and Osterback, this bill provides for the state to pick up the bonded indebtedness of municipalities. It has been referred to the State Affairs Committee. HB 763 - Planning and Zoning Authority - Introduced February 14 by Metcalfe, this bill mandates that certain items be included in a comprehensive plan; changes the zoning regulations; and changes the special conditions for a variance. It has been referred to the CRA Committee. SENATE BILLS SB 427- Senior Citizen Tax Exemption - Introduced February 12 by Ferguson and 9 others, this h.11 provides for exemption for surviving spouse, if spouse is over 55 years of age v': has a gross annual income of less than $20,000. It has been referred to tht CRA Committee. SB 431 - Tax E-mption for Energy Saving - Introduced February 12 by the Legislative Council by rey:. st, this bill exempts the value of an alteration or improvement that reduces energy .onsumption from assessment for property taxes. Applies to mobile homes also. It has been referred to the (!tA Committee. SB 436 - Grants for Solid Waste - Introduced February 12 by Kerttula, this bill provides for SC grants for solid waste c:-;)ital improvements and 60% if the facility is used for res:urce recovery. It has beLn referred to the CRA Committee. SB 439 - APUC E.%omptions - Introduced February 14 by Fahrenkamp, this bill exempts from APUC regulation electricity generates: as a byproduct of an industrial process or energy which cannot be relied on by an electric utility to meet its demands of electrical service. It has been referred :o the Judiciary Committee. SB 440 - Extension of the Alaska Railroad - Introduced February 14 by Ray, Hohman, Bennett, Hackney, Kerttual, Rodey and Sackett, this bill provides for the withdrawal of land for a utility corridor for extension of the Alaska Railroad. It has been referred to the Resources Committee. =� LEgiStATIVE ButtETIN 9 23 ITEMS OF INTEREST February 25, 1980 HB 648 - EXEMPTIONS FOR FIRE PROTECTION SYSTEMS: The House Community and Regional airs Committee heard testimony last week on HB 648, an act relating to fire pro- tection. The purpose of the bill is to provide incentives for the installation of "fire protection systems". The incentives provided are exemptions of such systems in the assessment of the full and true value of a building, with no reimbursement by the state; prohibition against utility fees or surcharges to provide standby water; and preference in the granting of small business loans for installation of fire protection systems. Testimony from the Fire Chiefs Association indicated that encouragement of fire protection systems would increase property values over the long run, more than just offsetting the loss from the exemptions. Committee members, however, asked what the immediate impact would be on municipal assessed valuation, including what mil increase would be required to make up the difference. Please send us any estimates you may have. So far the committee has taken no action. The bill was introduced by Malone and Duncan. An identical bill, SB 370, was in- troduced in the Senate by Colletta and Bradley. COASTAL POLICY COUNCIL: The Alaska Coastal Policy Council met in Juneau last Thursday and Friday. One of their actions was to request an attorney general's opinion on the extent of regulatory power of home rule and general law municipalities. At its next meeting scheduled for mid -March, the council will consider AML's request for amend- ment of the Coastal Policy Act to include broader notification requirements. 204 North Franklin - Juneau, Alaska 99801 - 586-1325 'S COMMITTEE ACTION WATER, SEWEq $ SOLID WASTE CONSTRUCTION GRANTS SR 131 - Issuance of General Obligation Bonds and SB 436 - Construction Grants: The Senate CRA Committee passed out committee substitutes for these two bills which authorize an increase in the amount of state participation for water and sewer projects, start a solid waste construction grant program, and provide a bond package for funding. Both bills have further referrals to Finance. SENIOR CITIZEN EXEMPTION (HCR 45) House CRA heard testimony last Friday on this resolution which would clarify the legislative intent that the entire parcel owned and lived on by a senior citizen be exempt from municipal property taxes and that the state reimburse the municipality for the entire amount. The committee amended the resolution to require retroactive payments by municipalities to those senior citizens who received only partial exemptions based on the state formula. The amendment left unclear state reimbursement to munici- palities for those retroactive payments. HOUSE BILLS HB 777 - FISHERIES ENHANCEMENT: Introduced February 18 by Malone, this bill provides for loans for planning and implementation of fisheries enhancement and rehabilitation activities. It has been referred to the Finance Committee. HB 778 - TAXATION OF COOPS: Introduced February 18 by Moss, this bill would require telephone coops to pay tax based on a percentage of its gross revenue; each electrical coop would pay tax based on the number of kilowatt hours of electricity sold at retail by the coop and provides for the computation. It has been referred to the Commerce Committee. HB 782 - LOCAL SERVICE ROADS: Introduced February 18 by Malone and Rogers, this bill allows local service road and trail funds to be used for purchase of rights -of way. Gives more authority to boroughs which have assessment road power in the use of funds and design of the program. It has been referred to the State Affairs Committee. HB 797 - HOME RULE CITY RECLASSIFICATION: Introduced February 18 by Branson, this ;j ill allows home rule cities outsi e a orough to reclassify as a unified municipality. It has been referred to the CRA Committee. HB 828 - SERVICE AREAS IN 2ND CLASS BOROUGHS: Introduced February 18 by Randolph and h Bett sworth, this bill repeals power of second class boroughs to expend money received from the disposal of land in a service area established for vacant, unappropriated and unreserved land. It has been referred to the CRA Committee. HB 838 - DEBT SERVICE FOR SCHOOL CONSTRUCTION: Introduced February 18 by Carney, i this bill deletes the two year delay for payments on school construction. It has I been referred to the HESS Committee. HB 846 - REVENUE SHARING SUPPLEMENTAL: Introduced February 18 by Carney, this bill appropriates $6,710,000 for FY 180 to bring the shared revenue up to 100%. It has been referred to the CRA Committee. HB 851 - ENERGY CONSERVATION: Introduced February 18 by the Rules Committee, by request of the Power Alternative Study Committee, this bill establishes policy on waste heat; allows for business credits; expands current tax credit for individuals; calls for thermal and lighting standards to be incorporated into the building codes of municipalities that adopt building codes before or after the effective date of the act; encourages energy audits by municipalities. It has been referred to the resources Committee. HB 855 - LAND DISPOSAL ADVISORY COMMITTEES: Introduced February 18 by Bettisworth, Brown, Haugen, Hayes, Montgomery, and Rogers, this bill establishes advisory committees for each organized borough and for each area of the unorganized borough in which the Commissioner of Natural Resources intends to dispose of state land. The Commissioner would be required to consult with the appropriate committee before determining the lands to be disposed of, the limitation and conditions, and the method of disposal. It has been referred to the Resources Committee. HB 861 - WATER AND SEWER REVOLVING LOAN FUND: Introduced February 18 by Munson, this bill establishes a loan fund for municipalities for the extension of existing municipal water and sewer systems. It has been referred to the HESS Committee. HB 871 - LAND SELECTION: Introduced February 18 by Beirne, this bill would require a municipality to sell each year not less than 100 of the amount of land conveyed during the preceeding year. It has been referred to the Resources Committee. HB 886 - UNORGANIZED BOROUGH PLANNING ACCOUNT APPROPRIATION: Introduced February 18 y the CRA Committee, this bill appropriates $300,000 for unorganized boroughs for the preparation of management programs. It has been referred to the CRA Committee. HB 887 - MUNICIPAL TRANSPORTATION SYSTEMS: Introduced February 20 by the Rules Committee by request of the Legislative Council, this bill enables municipalities to combine existing seperate transportation systems into a combined system for both pupil and public transportation or to implement a combined pupil and public transpor- tation system where only a public or only a pupil transportation system exists. It has been referred to the State Affairs Committee. HB 888 - MUNICIPAL TRANSPORTATION SYSTEMS APPROPRIATION: Introduced February 20 by the Rules Committee by request of the Legislative Council, this bill appropriates $500,000 to the Department of Transportation and Public Facilities for grants to municipalities for feasibility studies in support of combined transportation system demonstration projects. It has been referred to the State Affairs Committee. HB 897 - SALES TAX: Introduced February 21 by the State Affairs Committee, this bill repeals the limit of 3% for sales tax collected within a borough. It has been referred to the CRA Committee. SENATE BILLS SB 447 - DEFINITION OF MUNICIPAL BONDS: Introduced February 18 by the State Affairs Committee, this bill provides for issuance of bonds by a service area. It is the same as HB 719. It has been referred to the Finance Committee. SB 456 - PERSONAL PROPERTY TAX EXEMPTION: Introduced February 18 by Stimson and Bradley, this bill exempts personal property from taxation as well as real property. The state will reimburse the city or borough. It has been referred to the CRA Committee. SB 460 - MOTOR VEHICLE SECURITY DEPOSIT REQUIREMENTS: Introduced February 18 by Bradley, this bill would allow a home rule municipality, a 1st class borough or a 1st class city to adopt an ordinance to require the owners and operators of motor vehicles operated within their corporate limits to meet the security deposit requirements of the Motor Vehicle Safety Responsibility Act (AS 28.10). It has been referred to the Judiciary Committee. SB 465 - PROPERTY TAX EXEMPTION: Introduced February 18 by Ferguson, Colletta, Fa renkamp and Sumner, this bill exempts property from taxation up to $85,000 in value. State will reimburse local governments for lost revenues. It has been referred to the CRA Committee. SB 467 - POWER PROJECT REVOLVING FUND APPROPRIATION: Introduced February 18 by Meland, Ziegler, Kerttula and Dankworth, this ill appropriates one billion dollars for feasibility studies, preconstruction engineering, design, constructing, equiping, modifying and expanding small-scale power production facilities. It has been referred to the State Affairs Committee. SB 474 - NET INCOME TAX ACT: Introduced February 18 by Colletta, Hackney, Bennett, Fahrenkamp, Kerttula and Sumner, this bill repeals the Net Income Tax Act and amends the Oil and Gas Corporate Income Tax Act. It has been referred to the State Affairs Committee. SB 488 - ESTABLISHMENT OF HOME RULE BOROUGHS WITHIN REAAS: Introduced February 18 by Hohman, this bill provides for the establishment of streamlined home rule boroughs within REAAs, for establishment of unified local governments with home rule powers, and for the adoption of home rule charters by these boroughs and unified local govern- ments. It has been referred to the CRA Committee. SB 492 - UNORGANIZED BOROUGH PLANNING ACCOUNT APPROPRIATION: Introduced February 19 by the CRA Committee, this bill appropriates $300,000 for allocations to unorganized boroughs for the preparation of management programs. It has been referred to the CRA Committee. SB 493 - MUNICIPAL TRANSPORTATION SYSTEMS: Introduced February 20 by the Rules Com- mittee Ty request of the Legislative Council, this bill is the same as HB 887. It has been referred to the State Affairs Committee. SB 494 - MUNICIPAL TRANSPORTATION SYSTEMS APPROPRIATION: Introduced February 20 by the Rules Committee by request of the- Legislative Council, this bill is the same as HB 888. It has been referred to the State Affairs Committee. SJR 52 - LIMITING INCREASES IN EXPENDITURES: Introduced February 18 by Colletta, Bennett, Fahrenkamp, Kerttula and Hackney, —this resolution would amend the state constitution by limiting increases in expenditures and requiring payment by the state of mandated increased expenditures of a political subdivision. 00 J/ v ,r e i 9 v j,•Y. . <�jG�i.l'JGCI_yii —' /,Lliv,.,.� L � �+� 1' �� - / `i(/`• LC./�C ✓jiYiK-Ci[-^l lam{!' J/ L"' /'- /.T`"A, ) O 1 �1 1� I � I V I j 1 4 � ; I Y. f � 11 I a If rt3 Y t