HomeMy WebLinkAbout1980-03-05 Council PacketCOUNCIL PACKETS
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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
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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
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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
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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:
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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
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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.
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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:
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(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.
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(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
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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:-
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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
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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:
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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
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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
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LEASE - Page 11 INITIALS
REVISED 1/21/80 LESSEE:
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LESSOR:
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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
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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."
..�
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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.
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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.
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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.
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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?
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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.
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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.
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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
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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
'�-
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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.
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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—
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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
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,
TYLER DISTRIBUTING CO., INC..
VENDING, NOVELTY& WHOLESALE
-� BOX 96
KENAI, ALASKA 99611
n
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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
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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
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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
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-
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
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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 -
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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:_,
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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
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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
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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
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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
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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:
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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:
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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: ---_
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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
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KI—AIAS04NM Section 2,
Township 5 North, Range 11 West
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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.
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V1 INCE
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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
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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
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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
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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
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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.
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Enclosure
J
Anchorage office
310 K street. Anchorage, Alaska 99501 907/279-6491
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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
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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
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MUSTAFA,NONG i ASSOCIATES INC.`"
Consulting Engineers
INVOICE N0. 1161
1932 fast Ave. Room505, Seattle, Wo.9810I
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Tel. (206) 622 -6062
Feb. 7, 1980 t 1
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CH211 HILL NORTHWEST INC.
i080
W. 0. NO. 4225
310 K Street
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AnchoraVe, Alaska 99501
CH21% Hill AK.
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Attn: Mr. Loren Leman
FOR PROFESSIONAL SERVICES: KENAI STEP 2 l74rit'
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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
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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
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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
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VINCENT O REILLY, MAYOR
ATTEST:
:F
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'. Janet Whelan, City Clerk
+ ( First Reading: March 5, 1980
Second Reading: March 19, 1980
_ Effective Date: April 19, 1980
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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
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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.
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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
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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.
;
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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.
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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
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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,�
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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
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(2)
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BASIC FINANCIAL STATEMENTS
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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)
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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)
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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
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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
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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:
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Equipment -excess of prior
-
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equipment over amounts
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grantor
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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
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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)
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(9)
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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
•
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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
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REPORT ON INTERNAL CONTROL
AND C014PLIANCE
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.....::..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)
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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
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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
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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-
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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
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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.
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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
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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
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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.
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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
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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
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CITY OF KENAI
"O,rl eapdw aj 4"If
_ P- O. SOX 380 KENAI, ALASKA 99611
TELEPHONE 2$3 - 7535
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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
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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
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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
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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.
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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 -
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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.
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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
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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
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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-
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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-
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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
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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
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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.
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