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HomeMy WebLinkAbout1984-02-15 Council PacketKenai City Council Meeting Packet February 15, 1984 I! I' AGENDA 1 KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 15, 1984 - 7100 PM i PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 1 2. *Consent Agenda. All items listed with an asterisk are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discussion of these items unless a Council member so requestep in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as part of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD ° 1. Decor Thomas, KUSCO - KUSCO Franchise Tax Payment and ' Other KUSCO Business 2. Ruse Harctoon, Fitneoo Center - City in Competitive Prtees C. PUBLIC HEARINGS Ordinance 891-63 - Amending Kenai Municipal Code - Building Inspection Requirements v� 2. Ordinance 914-84 - Amending Kenai Municipal Codo - uki Public Vehicle Commisoion '• 4 , 3. Ordinance 915-64 - City -Owned Lando Not Required for Public Purpose 4. Reoolution 84-15 - Accepting State Grant - 1st, Birch, 4th Ste., Water do Sewer - $11,624 5. Resolution 84-16 - Transfer of Funds - Ft. Keney Restoration, Unemployment Insurance Claim - $lp700 - 6. Resolution 84-17 - Transfer of Funds - Gym Inspection/Tooting - $1,2ll 7. Resolution 84-18 - Charter Amendment Restricting 7 Principal Procoodo on Sale of City -Owned Lando S. Renewal of Liquor Licenao --- Beverage Diapensary/Tourium - Harborview 9. Transfer of Liquor License - Beverage Dispensary - Kenai Joo'a H 0. MINUTES 1. *Reqular Meettnq, Fab. 1, 1984 Es CORRESPONDENCE F. OLD BUSINESS 1. Recreation Center Fees i ', 0 a 1,0 {6 I �t \, G. NEW BUSINESS i 1. *Btllo to be Paid, Bills to be Ratified o.•nr,�•-+��2. *Requisitions Excoeding $1,000 3. Ordinance 904-03 - Establishing Tenancy Requirements i Airport Terminal j 4. Ardinance 916-84 - Amending Kenai Municipal Code - i R99,otricting Sale Proceeds of Certain City -Owned Lands j✓Ordinance 91744 - Amending Kenai Municipal Code - y�v•s"r����� Preference to Purchase Applicants Over Lease 7-Ordinance plicants on City -Owned Lands 6. 918-64 - Amending Kenai Municipal Code - ransfer Of Liquor Licensee 7. *Ordinance 919-84 - Finding Certain City -Owned Lands not Required for Public Purposes Be *Games of Chance 6 Skill - Eagles #3525 9. *Games of Chance 6 Skill - Kenai Emblem Club 10. Discussion - Section 36 - Preliminary Plat 11. Air Tak Proponsl - Airport Rotating Beacon 12. Discussion - Vacation of Utility Easement - Tract D, Doubenspek S/D 13. Consent to Assignment - Carter to Treat - Concession Area l H. REPORTS � g,; s� • ' 1. City Manager A,PC,V 2, Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning do Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO HE HEARD ADJOURNMENT J 'Y e to .. . COUNCIL Ml:h'T I NG OF V U Cj MAMc�riBill- - �oru�i��iro�o�r���� ���nur��o►��,�io�oorur►�r�� ru� Poi-.�r���►��oo��� ■ E� COUNCIL MEETING OF r. n� FEBRUARY 15, 1984 INFORMATION ITEMS 1 - Municipal League Newsletter - #27 2 - Letters to Legislators regarding Royalty Oil contracts 3 - News report regarding HB-401, Kenai Airport 4 - Billing, Northern Test Lab - Gym floor testing 5 - Letter from Sen. Sturgulewskip Capital Improvements List 6 - Letter from Sen. Cowdery, Capital Improvements List 7 - Kenai Peninsula Borough Agenda - Feb. 79 1984 8 - Comm. Application'- Ron Chappell 9 - Total Housing Units, Alaska Communities, 1970 to 1983 10 - Library Monthly report 11 - Pay Estimate, Wm. Nelson 6 Assoc. - 1st, 2nd Sts. 12 - Billing, TAMS - Small Boat harbor 13 - SB-679 Utility Relocation Costs 14 - Comm. Application - Thomas Wright 15 - Memo from K. Kornelis - AOEC grants, water, wastewater, solid waste 16 - Billing, M. Tauriainen - Lawton, Tinker, Walker, Rogers 17 - Kenai Pen. Care Center - Request for grant 18 - Emergency State Regulation - Alcoholic Beverage Control Board 19 - Memo from 3. Swalley - Airport Terminal Requests 20 - Transfer of Funds, Feb. 1984 r t ' I y T l` •. , 1 cT.-�-. �f ..•.►.. :n. .7. _ .r, e ... .�..._.. .. .�....�._.. ---- �--- -'- --.__^r ., ._--�. _ .�.�.�._.�...-fir.—..---'- - AAf�A1MU t , iENSM ENSTARCorporstlon 510 L Street, Suite 411 Anchorage, Alaska 99501 (907) 278.8800 Richard F. Barnes Vice President February 12, 1984 The Board of Directors Kenai Utility Service Corporation P. 0. Box 614 Kenai, Alaska 99611 • A This letter sets forth our proposal to purchase the natural gas utility assets and rights of Kenai Utility Service Corporation ("KUSCO") by ENSTAR Corporation ("ENSTAR"), or a division thereof. The proposed acquisition would involve the following basic terms • and conditions: (1) Assets to be purchased. ENSTAR proposes to purchase the assets of KUSCO, with the exception of cash or cash equivalent accounts and tax refund receivables, based on the asset book values established from an audited financial statement dated as of the month ended April 30, 1984. Such assets to be purchased by ENSTAR are only those that are used and useful utility plant, and arise from the ordinary course Of business. Ordinary customer - receivable accounts, other.current assets, and deferred charges indicated in Exhibit A would also be purchased by ENSTAR at book value. Other minor assets may exist within the accounts that KUSCO may wish to retain rather than include in the sale. . f j 1 The Board of Directors Kenai Utility Service Corporation Page Two February 12, 1984 (2) Consideration ENSTAR proposes to purchase the assets described in (1) above, at closing for cash paid to KUSCO and by assuming specific liabilities of KUSCO, as illustrated in the proforma balance sheet in Exhibit A. The specific liabilities and deferred credits to be assumed by ENSTAR are considered in regulatory accounting to represent customer funds, that are applied as a reduction of rate base. It is appropriate, therefore, for ENSTAR to assume these liabilities due to their relationship to the purchased assets. In addition to the book value of assets, ENSTAR proposes to pay $350#000 for all the operating rights of KUSCO related to its natural gas utility operation in the vicinity of Kenai, Alaska. The value of assets.,purchased and liabilities to be assumed will be based on a future audited KUSCO financial statement, as discussed above. However, for purposes of illustration, Exhibit A demonstrates how the transaction would have been structured if closed at December 31, 1983. In summary, the transaction would have been as follows: Total assets $1,776,331 less assets not purchased (120*009) Total assets purchased 1,658,322 Premium 350,000 Total purchase price $2,009 322 Cash payable to KUSCO $1,665,005 Liabilities assumed by ENSTAR ,343,317 $2,008,322 J The Board of Directors Kenai Utility Service Corporation Page Three February 12, 1984 (3) Definitive agreement. As soon as reasonably possible, KUSCO and LNSTAR will enter into a definitive agreement that would include usual representations, warranties, closing conditions, and other customary provisions. The definitive agreement shall be subject to approval by the boards of directors of KUSCO and ENSTAR. A draft definitive agreement shall be prepared by ENSTAR at its expense and presented to KUSCO for comments. KUSCO agrees to provide reasonable access to books, records, and property of KUSCO from the date of this agreement, until the date of closing. (4) Requirements of closing. Notwithstanding completion of the definitive agreement, KUSCO and ENSTAR agree to apply to the City of Kenai for approval of: (a) assignment of the franchise, (b) waiver of option' to purchase, KUSCO, s system resulting from this agreement, (c) waiver of option to purchase the system at termination of the franchise granted as a result of Ordinance Number 115, or at any other time, and (d) consent to the transfer in all respects. Upon obtaining the foregoing approvals and consents from the City of Kenai, KUSCO and ENSTAR agree to apply for transfer of the Certificate of Public Convenience and Necessity from KUSCO to ENSTAR, and make any other filings required by the Alaska Public Utilities Commission. ENSTAR will enter into an agreement with the owners of KUSCO's operating facility at Lot 2, Block 2, Cook Inlet Industrial Air Park to purchase the property at the ap- praised price of $250,000, contingent upon closing this transaction. f. 9 7� ! I The Hoard of Directors Kenai Utility Service Corporation Page Four February 12, 1984 (5) interim operations. KUSCO agrees to operate its facilities between the date of this agreement and the closing date in a business -like and normal manner. KUSCO agrees not to change employment levels or compensation of employees; enter into agreements lasting longer than one year; or commit to expenditures or capital additions that would materially affect the value of KUSCO's assets, without prior consent of ENSTAR. Such consent will not be unreasonably denied. At KUSCO's request, and non -objection of the Alaska Public Utilities Commission, ENSTAR will supply personnel to manage or supervise KUSCO's facilities and employees. ENSTAR will charge KUSCO for such services at ENSTAR's actual Coat. if you agree td this proposal, please sign a copy and return it to us* very truly yours, ENSTAR Corporation by Agreed to in principle this 12day of , 1984. Kenai Utili 3-orvi a Corporat 0 N EXHIBIT A February 12, 1984 Kenai Utility Service Corporation Statement of Assets and Liabilities diving Preforms Effect to Proposed Acquisition of Certain Assets and Liabilities By ENSTAR Corporation ASSETS December 31, Proposed 1983 _ Transaction Preforms UTILITY PLANT, at cost $2,092,064 (2,092,064) - less accumulated depreciation (614 904 614,904 - 1, 477,160 CURRENT ASSETS Cash 99479 11665,005 1,764,084 Receivables Customer Accounts 158,361 (158,361) - Income Taxes 20,930 20,930 Other 11199 180,490 2� p�93O -Lees allowance for doubtful receivables (100005 �+ Net receivables 179,490 �1,.000 20,930 Materials and merchandise Inventories 14,234 (14,234) - Prepaid expenses 5,209 5 209 - Total current assets 298,012 1,7885,014 DEFERRED CHARGES, at cost less current accumulated amortization 3,159 (3 189 - $1,77. 8,331 81-f785,014 ' d f r, � -:s LIABIL1TZE6 ANON STOCKHOLDORIB MITY STOCKHOLDERS' EQUITY Common stook, par value $lo authorized 200,000 shared issued and outstanding 1S0,000 and 163,700 shares 190,000 Additional paid -in capital - Retained earnings 833,459 (390,000) LONG-TERM DEST, less portion classified as current 200,946 CURRENT LYABILITSEB Accounts payable 29,591 Customer deposits 67,975 671970 Accrued liabilities 70,218 Current portion of long-term debt _ 27,600 Total current liabilities 183,384 DEFERRED AND OTHER LiA921,2=E8 Deferred income taxes 34,600 Contributions in aid of construction 42,309 42,300 .Customer advancos for construction 1391,398 139,309 Deferred investment tax credits 93,638 9. 31639 309,942 7 e aa1 � � r P.NSTAR Cor retlon 010hora a, Hook 0 � Anchor0000, Alaska 0900t (907) 27A,0000 Richard FDamoe Vico ftoldonl February 9, 1984 Mr, Oscar L. Thomas p. 0. Box 614 xonai, Alaska 09011 Dear Mr., Thomses Thin letter is to propone the purchase of real estate controlled by you and your partner at Lot 2, Block 2, cook Znlet Zndustrial Air Park, in the City of Kenai. ENOTAtt Natural Cat Company, a division of RNOTAR Corporation ("ENSTAR"), would pay $250,000 in cash for the proporty and improvements bared on the independent appraisal by Ed Warfle Real, Estate Appraisers, dated December 6, 1983, ENSTAR's offer to purchase this property is contingent upon ENSTAR's completion of a proposed purchase of substantially all of the assets and operating rights of Kenai utility Service corporation and receiving governmental approvnla of the transaction. As solior, we would require you to convoy good and marhotablo title by statutory warranty deed as to the real estate to be purchased ! and sold under thio proposal, that the name In not subject to any liens, charges or oncur*ranoon of any typo, except thoso acceptable to ENSTAR, and taxoo and aneeesmonte, both general and special, not yet duo and payable. AO nellor you would accompany the deed with a title guaranty policy in the amount of the purchase price, issued by a title company satisfactory to ENSTAR; in its customary form. Taxes and rent will be pro -rated as of tho dote of closing. Zf you agree with this proposal, ploano sign a copy and return it to out very truly yourn, 4 r Agreed to this ~ diay of 1984. oc ar L. Thomas Carl T. kabbinn, Jr. 77 1 //v r ' e --�jt _ r_ T KENAI UTILITY SERVICE CORPORATION P.0, BOX 614 KENAI, ALASKA 00011 Pohr. unry 14, 19114 PRONG 203•YO32 AREA 0000 OOY I Kenai City Council 210 r'idalgo Btroot Kenai, AlaokA 99611 Uoar Council Momberns I Soction 13 of the Franehi:so'Agreomont bot-00on tho City of Kenai I and Konni Utility service Corporation providon that the City of Kenai be given first option to purohaoo the phynioal anoato of KUECO in the event that a valid offor for name in found to he acceptable by KUSC4, I Because of rapidly oocalating wolihoad pricoo for natural gas in the State of. Alaska it in apparent that KUSCO cannot continuo to supply gars to its connumern at reasonably attractive ratan for any period ljoyond the coon to expire ouprly contract with Union/ Marathon oil companion. Connoquently, we fool that it in in the boot public interest to accept an offor recently received from 211STAR Corporation to purohaoo our anootn, unad and useful in the distribution of gati to the municipality, for the total amount of 02,250,322, plus any ineroasa in pr000nt otockholdorn' equity between January 1, 1984, and April 30, 1984, RNSTAR oparatoa, or is building, natural qao distribution facilitioo in Anchorago, 94910 River, Palmor,'waniiia, Nikiaki, parto of Kenai# floidotna, Sterling and other arean of Alaska, Wo know that RNBTAR has j available certain aeonomion of oealo that could inuro to the benefit of Kenai ronidnntoo They aloo have in place long term gag supply contracts that would work to innuro the otahility of eonoumer ratan for many yonro to come, Finally, LIHMAR enjoys the financial rosourcon to moot the capital domanda placed upon a utility comrany in a rapidly growing area ouch an Kenai, Ito MISTAR offor is contingont upon the receipt of certain otatutory approvals from the City of Kenai and tho Alaska Public Utilitiao Comminnion, Therefore notice io given hereby that the rurchano option enjoyed 1ri the City of Kenai under. Section 13 of the Pranehioo Agreement will oxpire April 16, 1984, Moro informally, we ouggost that it will he in the boot intoroot of all Parting if the City can expedite the approval of thin halo no wall an the related conditiono found in tho purchase offor. There in a groat doal of work to be done by both utilitica if the pronofind transition in to be complotod prior to thin year'o conntruction nonnon. 3 G h V Kenai City Council February 14, 1984 Sago 2 In closing we will state that we hava explored 9ovoral alternatives to the acquisition of the Kenai service area by ENSTAR, including tho possibility of municipal ownership. it is our firm conviction that ENOTAR can provide the beat public service at the lowest -. possible cost on a long term basis and hope that the Council will look favorably upon the proposal as deacribod heroin as well as in the accompanying documents. We urge interested members of the Council and the administration to avail themselves of the opportunity to diroct inquiries of this'mattor to either myself or the designated ENSTAR representative. Resnectully yours, KENAI UTILITY SERVICE CORPORATION 066ar L. Thomas, Vice -President J n ' SUBSTITUTE Suggested bys Planning & Zoning CITY OF KENAI ORDINANCE N0. 891-03 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 4.05 BY ADDING A SECTION REGARDING THE FINAL INSPECTION REQUIREMENTS, WHEREAS, there has been an increasing number of building enc- roachments resulting from the improper location of structures on properties within the City of Kenai, and WHEREAS, such encroachments impose difficulties for the property owners and may adversely affect adjoining properties, and WHEREAS, the City of Kenai has no means of monitoring the placement of new construction on building lots, and VIHEREAS, the proposed requirement for an as -built survey is beneficial to the City as well as to the individual property owners. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1s KMC,4.05.035 is added as followas Final Inspections Section 305(s-5) of the Uniform Building Code as adopted by this chapter is amended by adding the followings "The Building Official shall require the submission of an so -built survey as performed by a registered land surveyor prior to final inspection." 1 1 i �a Al !l,,� �'irMlIMI1fi�IRIpM�IJ�I�i[�w�-`'` L'' e�1�/'�'#ie�/io�J1�MM�liww� � ��' J• ry PASSED BY THE CIL OF THE CITY OF KENAI, ALASKA, this 15th day of arch 1984. F4 - � TOM WAGO , MAYOR ATTESTS Janet Whelan, City Clerk First Readings February 19 1984 Second Readings February 159 1984 Effective Dates March 15, 1984 2 -I'm _ � /� r4. r. s.z -zo .. %-. �i�p�X��NNf16 '.._ _.h._—...�.-......A✓/�.—_: !L_.—'�--�-.`_ _ _ _ _ _ —___ .._— 'KKti,11 PLN11rl'LA ;•/•?� HI►31gqb:ltii r• "r r' 283.370e February 1,1984 Honorable Mayor and Members of Council P.O. Box 880 Kenai, Alaska 996H Dear Mr. Mayor and Members of Councils' This letter is written with regard to Ordinance No. 891-83 which requires an i asbuilt survey to be presented, to the building inspector, at the time of final Inspection. The Board of Directors, of the Kenai Peninsula Home Builders Association, has no objection to the above requirement. However, all lending Institutions do not require an asbuilt survey and In these cases we ask that a letter, such as the one accompaning this letter, be allowed in lieu of an asbuilt survey. Your consideration on this matter Is appreciated. Respectfully submitted, I' pN� Mark Passe. President _ Kenai Peninsula Home Builders Association WAS t I r ' 1 � UM BOX 670 • KENAI, ALASKA 99611 , PHONE 283.7503 , } r A Subsidiary of Tlcor TI119 The following is a sample copy of a letter given to builders of Farm Home properties. REs Lot S, Block 3 Woodland Subd. Dear Builders This letter is to inform you that I have inspected the above lot and do not find any violation of setback lines or encroachments of the dwelling onto any setback areas or recorded easements and dedications. By reason of the above I am waiving the requirement for an As -Built Suvey and will issue the A.L.T.A, extended coverage lender's policy insuring Farmers Home Administration against such violations. Sincerely, ALASKA -'I LE, GUUfA TY AGENCY, INC. Chri J. Keller, I Vice -President CK/vcw • r CITY OF KENAI • 5i L F. 0. SOX $10 K1NA1, AtA1KA 99611 T1/1/NON1 911 " 7606 February 9, 1984 i f MEMORANDUM TOs Kenai City Council ! " FROM: Kenai Planning & Zoning Commission , SUBJECT: Ordinance 891-83 J < At the regular meeting of February 8th, the Commission reviewed " the referenced Ordinance as requested by the Council with the two r� recommendations made by Council in mind. A copy of Mr. Lebahn's memo to the Commission is attached. The following motion is a result of the reviews, a, MOTION: i Commissioner Smallby moved to reaffirm Resolution 691-83 Substitute as previously submitted, seconded by Commissioner Bryson. _ VOTEs Motion passed unanimously. The minutes appear under H-6 for details of that discussion. :i Submitted at the request of Chairman Lewis j Janet Loper, Secretary i i CITY OF KENAI 4� „Od 04a� 4 4Z244a,. P, O, 6011 NO KINAI, AIASKA 99611 MOPNONS M . 7636 MEMORANDUM f.. TOs Kenai Planning A Zoning Commission ' FROM: Jeff Labohn SUBJECTI Ordinance 891-03 Substitute - Building Survey Requirement DATCs February 3, 1984 , , The Kenai City Council, at their meeting of February let, amended the referenced ordinance and approved the substitute as recommended by the Commission. + The Council recommended that the Commission look at two aspects i of the ordinances , 1) A distinction between Commercial and Residential t- improvements �,. 2) A penalty that would be severe and specific to a building ` encroachment violation The Kenai Peninsula Homeb uildere Association and Alaska Title Guarantee Agency have submitted letters rogarding the substitute ordinance, it wee suggested that' in cages where the title company does not require and as -built survey, that documentation from the title company serve as sufficient evidence that no encroachment does exist. JBLsjl f Y, �.. — P e CITY OF KENAI 40d eapZW 4 414a"a„ P. O. 10X NO KENAI, ALAIKA 19611 T11i►NONI 213 - 7636 - February 6, 1904 I NOTICE TO ALL BUILDING CONTRACTORS Due to the existing controversy concerning building encroachments into required yards, it will be necessary to submit a plot plan drawn by a registered land surveyor, licensed to do business in Alaska, to obtsin a building permit for new construction and for additions that increase the foundation area of a building. It will be necessary to submit an an -built survey prior to final inspection. Complete plane will be required for all permits unlaoo waived by R the Building Official. - fj �. 1 V C IN , �I G INSPECTUR r CITY of KENAI I 1t (). fin" 1,00 KENAI, ALASKA 09011 MUNE 10091 203.7030 February 10, 1984 1 t t NOTICE TO ALL BUILDING CONTRACTORS This is to modify the notice that wee mailed to you on February b, 1904. The plot plan submitted for obtaining a building permit need not t be drawn by a registered land surveyor. HOWARD HACKNEY BUILDING INSPECTOR I i s, i i i p _ Suggested by$ Administration CITY OF KENAI ORDINANCE N0. 914-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAIt ALASKA, REPEALING AND RE-ENACTING KMC 20.05 DELETING REFERENCE TO THE PUBLIC VEHICLE COMMISSIONt AND MAKING IT EASIER TO UNDERSTAND. WHEREAS, the City of Kenai does have an interest in assuring that vehicles for passenger hire are properly identified and insured, and WHEREAS, the present ordinance governing taxicabs was based on the regulatory provision of the Alaska Transportation Commission in its regulation of other passenger vehicles for hire, and WHEREAS, the provisions of the Alaska Transportation Commission referred to in many of the sections of the present ordinance have been rescinded through deregulation, making the present ordinance confusing to interpret. NOWO THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAlp ALASKA, that KMC 20.05 is hereby repealed and re-enacted to read as attached. PASSED BY THE COUNCIL OF THE CITY OF KENAIt ALASKAv this 15th day of February, 1984. ATTESTs Met Whelent City er Tt"L[�ii First Readings February 1, 1984 Second Readings February 15, 1984 Effective Dates July 1, 1984 u Title 20 TRANSPORTATION Chapterat 20.05 P000anger Vehicles For Hire Chapter 20.05 PASSENGER VEHICLES FOR HIRE Sectional 20.05.010 Definitions, 20.05.020 License required. 20'.01.030 License. 20.05.040 ,License plates and numbers. 20.05.050 License fees. 20.05.060 Passenger vehicles for hire cards and rates. 20#05.070 Passenger vehicles for hire. 20,05,080 Public liability insurance. 20.05.090 Passenger vehicles for hire rates to be computed. 20.05.100 Charter. 20,05,110 Penalty, 26.05.010 Definitional (a) Unless otherwise expressly stated, whenever used In Mis chapter, the following words shall have the meanings given to them by this sections (1) "Passenger Vehicle for Hire, or Vehicle" means a motor -driven paosonger vehicle which is offered for public • hire. (2) "Driver" shall mean and include any person who drives a Passenger Vehicle for Hire, whether such person be the owner of such Passenger Vehicle for Hire or be employed by such a company. (3) "Company" shall mean and include any person owning or having control of the one of one or more Passenger Vehicles for Hire used for hire upon the eirests or engaged in the business of operating a Passenger Vehicle for Hire within tine City. (4) "Stand" ohall mean and include any place along the curb; street, or elsewhere Alch is exclusively reserved by the City for the uoe of Passenger Vehicles for Hire. (5) "Persons" shall mean and include one or more persona of either sex, natural persons, corporations, partnerships, end associations. 20.05.020 License Required: (a) To operate a Passenger Vehicle for Hire whin the City limits, a company shall first obtain a license therefor by applying annually in writing to the Clerk. Each applicant for a license shall apply upon a form Ord. 914-84 Page 2 J j 2 (1) be a eitizon of the United Staten, (2) be of the ago of 19 yearn, or a duly qunlifted corporation, (3) file a atatement dericribing ,such vehicle to be so licensed, givings Ei] full name and address of the owner; [ii] the class and passenger -carrying capacity of the vehicle. Etii] the longth of time the vehicle has been in use; (iv) the rook@ of the vehicle; Ev] the engine number; Evil the serial number; Evii] the State license number; Eviii] whether said vehicle to leased, licensed, or under any form of contract; Eix] what person, firm, or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same; and Ex] proof of Insuranco. 20.05.030 Licenses Upon receipt of the above information, and payment of t eFi -required fee, the City Clerk shall issue a license. The license may not be transferred. 20.05,040 License Platee and Numberes (a) Each licensed vehicle shall bear the license number or the vehicle and proper descriptive words, including the year for which the license was Issued, by displaying the same on the windshield of the vehicle. (b) Every vehicle achepting business from points originating within this municipality shall have some designation of the character of the vehicle affixed or painted in plain visible letters on each side thereof. 20.05.050 License Feels (a) The applicant for a license, qr license for an eaditiono vehicle shall pay into the City treasury the sum set forth below. (1) A licensee shall pay a license fee of $250 per year which shall entitlo said operator to one Passenger Vehicle for Hire. (2) In the event a licensoe is licensed for more then one vehicle, then he shall pay $100 per year for each additional vehicle oo authorized. (3) All licenses shall be for the term from June 30th of one year until July lot of the following year, or any se rent thereof. (4) All taxes and other obligations due to the City and Borough must he current prior to license renewal. 20.05,060 Passes or Vehicles for Hire Cardo and Ratens The operator of any assenger Vehicto for Hire shall Maplay Islide the vehicle a card logible to a cusfomer seated in the rearmost seat stating the license numbers, the maximum rates of Pace, and a notice that any article left in the Ps000nger Vehicle for Hire fount be returned to the City offices, where it may be identified and claimed. f Ord. 914-84 Paqe 3 20.05,070 Paaaon er Vehicles for Hires Pasaenger Vehicles for Hire shall be perked at stands so oo gnoted for that purpose from time to time by the City Manager. No driver shell solicit passengers an faroo. No driver shall dismount from hie Passenger Vehicle for Hire at any time for the purpose of soliciting peasongers, provided that this shall not prohibit any driver from assisting a passenger entering or dismounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. 20.05.080 Public Liability Inourances An operator shell file with the Ciry=ork evidence or insurance certifying the operator is insured for liability for damages on account of bodily injury or death, or for damages to property resulting from the ownership, maintenance, or use of any Passenger Vehicles for Hire. The limit of ouch insurance policy shall not be lose than $350,000 for bodily injury to, or death of, one person and $500,000 an account of any one accident resulting In irt,juriee to and/or death of more than one person, and $100#000 liability for damage to property of others, arising out of any one accident. Such policy shall be endorsed to give the City 30 days notice of expiration or cerseollation. 20.05.090 Passenger Vehicles for Hire Rates to be Com uteds The company shall motor GLI calls. The motors shall he the type or typos commonly used throughout the United States. Inspection of such fares shell be monitored and approved by the State of Alaska, Division of Weights and Measures. No Passenger Vehicle for Hire shall be operated unless it is equipped with a meter in good condition to record the amount to he charged on each trip, which amount shall be shown in figures visible to the peouviiger. Upon paying his fare, each passenger making a request therefor shall be givers a receipt showing the amount so paid and the name of the company or persons operating the Passenger Vehicle for Hire, together with the number of the vehicle if such company or person operates more than one Passenger Vehicle for Hire in the City, 20.05.100 Charters Notwithetariding any provision contained in this chapter, n-o=i ng aholl preclude negotiated charter rates between a 11cenoae and a customer provided said arrangements are entered into at least three hours prior to transport being rendarnd and reduced to writing prior to transport. Vehicles operating und"r charter need not he metered. 20.05.110 Porralt s Arty person violating any provisions of this chapter sha be guilty of a misdemeanor and shall upon conviction thereof he punished by a fine of not more than $300. Ord. 914-04 Page 4 T11, Q. --12 1101 WBET TIM AVENYB Tim Rogers, Esq. City Attorney . i City of Kenai P.O. Box 580. i Kenai, AK 99611 Re: Ordinance 914-84 LAW OPPICEB OP JOHN M. STERN, JR. P. O. Box 1079 ANCHORAGO. ALABKA 00510 February 6, 1984 TELEPHONB 907-270.3402 Doug Haynes of Raven Transit, Inc. has asked me to review the Proposed Ordinance 914-84 which would replace the present taxi cab ordinance Sec. 20.05. I am a bit confused as to what types of vehicles the proposed ordinance is directed to. The present ordinance is confined only to taxi cabs, i.e., no license was granted under the present Sec. 20.05 to any vehicle which had a seat- ing capacity as per the manufacturer's rating of more than seven persons, or for a vehicle the body type of which is other than a sedan or a station wagon. The proposed ordinance in 20.05.010(1) would define a of vehicle for hire" as a "motor -driven passenger vehicle which is offered for public hire". However, 20.05. 010(2), (3) and (4) all refer to "taxi cabs" There is no definition of "taxi cabs" in the proposed ordinance, yet, it is headed up "Taxi cabs". Therefore, the proposed ordinance, while it appar- ently is directed to taxi cabs, expands the statute to encom- pass all passenger vehicles for hire. I assume this means tour buses, limousines, jitneys and any other motor -driven passenger vehicle which is offered for public hire. If this is the purpose of the statute, then it would appear that the other provisions of the ordinance should be changed to delin- eate any reference to "taxi cab". As an operator of van -type passenger carrying vehi- cles of at least nine passenger capacity, Raven Transit is concerned at several of the directions taken by the proposed c,G ,►t OF E7, I t A ll i •: i j I , i F � tl Tim Rogers, Esq. City Attorney February 6, 1984 Page Two ordinance. For example, 20.05.070 states that "vehicles for hire shall be parked at stands so designated . . .". Raven's limousine service does not ordinarily park at stands, except at the Kenai Airport. Sec. 20.05.090 provides that all vehicles for hire shall "meter all calls", and states that no vehicle for hire shall be operated unless it is equipped with a meter. None of Raven's limousines are equipped with meters since they operate under flat rate charges to zones or pVrsuant to hourly rates. It would seem that the statute is not applicable to limousine service at all, and if it is, there are going to have to be substantial changes made in the proposed ordinance. .I would be pleased -to discuss this with you at your convenience. g ert. STERN, JR. ey for Transit, Inc. JMS/l v cc: Raven Transit, Inc. Y.S. The Kenai City Clerk thinks that this proposed ordinance will only affect taxi cabs. A literal reading would lead us to believe otherwise. •. , r" r f Suggested by: Administration i CITY OF KENAI ORDINANCE NO. 914-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACT.ING KMC 20.05 DELETING REFERENCE TO THE r PUBLIC VEHICLE COMMISSION, AND MAKING IT EASIER TO UNDERSTAND. WHEREAS, the City of Kenai does have an interest in assuring that -- vehicles for passenger hire are properly identified and insured, and WHEREAS, the present ordinance governing taxicabs was based on the regulatory provision of the Alaska Transportation Commission in its regulation of other passenger vehicles for hire, and WHEREAS, the provisions of the Alaska Transportation Commission referred to in many of the sections of the present ordinance have = been rescinded through deregulation, making the present ordinance confusing to interpret. s" NOVA, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 20.05 is hereby repealed and re-enacted to read as attached. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 1984. OM WAGONER, MAYOR ATTESTS Janet V e an, City Clerk 0 First Reading: February 1, 1984 Secossd Reading: February 15, 1984 Effective Dates 1"Pa i--1 , 1984 Chapters: 20.05 Taxicabs Title 20 TRANSPORTATION Chapter 20.05 TAXICABS, �) Sections: 20.05.010 Definitions 20.05.020 License required. 20.05.030 License. 20.05.040 License plates and numbers. 20.05.050 License fees. 20.05.060 Taxicab cards and rates. 20.05.070 Vehicles for hire. 20.05.080 Public liability insurance. 20.05.090 Vehicle for hire rates to be computed. 20.05.100 Charter. 20.05.110 Penalty. 20.05.010 Definitiones (a) Unless otherwise expressly stated, whenever used In Mis chapter, the following words shall have the meanings given iu them by this sections (1) "Passenger Vehicle for Hire" means a motor -driven passenger vehicle which is offered for public hire. (2) "Driver" shall mean and include any person who drives a taxicab, whether such person be the owner of such taxicab or be employed by a taxicab company. MA Company" shall mean and include any person owning or having control of the use of,one or more taxicabs used for hire upon the streets or engaged in the business of operating a taxicab within the City. (4) "Stand" shall mean and include any place along the curb, street, or elsewhere which is exclusively reserved by the City for the use of taxicabs. (5) "Persons" shall mean and include one or more persons of either sex, natural persons, corporations, partnerships, and associations. 20.05.020 License Required: (a) To operate a Passenger Vehicle for Hire within the City limits, a company shall first obtain a license therefor by applying annually in writing to the Clerk. Each applicant for a license shall apply upon a form provided by the City and conform to the followings Ord. 914-84 Page 2 r 7- I 4 be a citizen of the United States, (2) be of the age of 19 years, or a duly qualified corporation, (3) file a statement describing each vehicle to be so E licensed, givings Ed full name and address of the owner; [ii] the class and passenger -carrying capacity of the vehicle. [iii] the length of time the vehicle has been in use; [iv] the make of the vehicle; [v] the engine number; [vi] the serial number; [vii] the State license number; [viii] whether said vehicle is leased, licensed, or under any form of contract; [ix] what pereon, firm, or corporation collects the revenues from the operation of said vehicle and pays the expenses of operating the same; and [x] proof of insurance. 20.05.030 Licenses Upon receipt of the above information, and payment of the required Pee, the City Clerk shall issue a license. The license may not be transferred. .. 20.05.040 License Plates and Numberss (a) Each licensed vehicle shall bear the license number of the vehicle and proper descriptive words, including the year for which the license was C A issued, by displaying the same on the windshield of the vehicle. (b) Every vehicle accepting business from points originating within this municipality shall have some designation of the character of the vehicle affixed or painted in plain visible letters on each side thereof. 20.05.050 License Feast (a) The applicant for a license, or license for an a ditional vehicle shall pay into the City treasury the sum set forth below. (1) A licensee shall pay a license fee of $250 per year which shall entitle said operator to one Vehicle for Hire. (2) in the event a licensee is licensed for more than one vehicle, then he shall pay $100 per year for each additional vehicle so authorized. (3) All licenses shall be for the term from June 30th of one year until July lot of the following year, or any segment thereof. (4) All taxes and other obligations due to the City and Borough must be eurgent prior.to license renewal. 20.05.060 (Taxiceb7�Cards and Ra.tess The operator of any ax #- GNshall disp ay inside t e taxi_ca a card legible to a eusfomer seated in the rearmost seat stating the license numbers, the maximum rates of fare, and a notice that any article left in theCf-axicaV'must be returned to the City offices, where it may be identitled and claimed. 0 Ord. 914-84 Page 3 j I - • •rI .. ... I..lk. . 0 20.05.070 Vehicles for Hirst Vehicles for Hire shall be parked at stands so es i gnat ed ro-r that purpose from time to time by the City Manager. No driver shall solicit passengers no fares. No driver shall dismount from hie et-©xicdV at any time for the purpose of soliciting passengers, provided that this shall not prohibit any driver from assisting a passenger entering or dismounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. 20.05.080 Public LiabilitZ Insurances An operator shall file witp the City Clerk ev ence or insurance certifying the operatorAinsured for liability for damages on account of bodily injury or death, or for damages to propgrty.cesulting from the ownership, maintenance, or use of enyctexicabs�, The limit of such insurance policy shall not be less-thsn350,000 for bodily Injury to, or death of, one person and $500,000 on account of any one accident resulting in injuries to and/or death of more than one person, and $100,000 liability for damage to property of others, arising out of any one accident. Such policy shall be endorsed to give the City 30 days notice of expiration or cancellation. 20.05.090 Vehicle for Hire Rates to be Com uteds The company shall meter all cal s. The meters shall be the type or types commonly used throughout the United Stafes. Inspection of such fares shall be monitored and approved by the State of Alaska, Division of Weights and Measures. No Vehicle for Hire shall be operated unless it is equipped with a meter in good condition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger. Upon paying his Pace, each passenger making a request therefor shall be given a receipt showing the amount so paid and the name of the company or persons operating the cab, together with the number of the cab -if such company or person operates more than one taxicab in the City. 20.05.100 Chart rs Notwithstanding any provision contained In this chapter, noting shall preclude negotiated charter rates between a licensee and a customer provided said arrangements are entered into at least three hours prior to transport bein�q rendered andl reduc9Qd to writing prior to trans port.'�v'knic '`s �.%i'c.x CUq,r"Kr At L& KOt V 'k +t..4¢A i 20.05.110 Penalt s Any person violating any provisions of � Penal this chapter shauilty of a misdemeanor and shall upon conviction thereof be punished by a Pine of not more than $300. Ord. 914-84 Page 4 a 0 f t Y 4 • L.ew UIIIruu ul Cr 1tUlsl: rr Ali: ur. GOWAN A Pl01080100al Corp01011on Tolo hone 00A'ti' Tho N1(lKind nulldinq Man God907 P.Q. [lox 1681 283�710ts7 Konal, Alanka 00011 January 30, 1984 cF J4,NIS '%84 �� Nfp h two �N /r Q4 o NAI � Mr. Mayor and Council Members: I have been retained by Joe and Steven Langston to assist than in their opposition to proposed Ordinance 914-84. The purpose of their letter is to attoopt to clearly state our compinint regarding notice and time to respond to the proposed ordinance and the reasons for our opposition to proposed Ordinance 914-81. Also included will be ssug;- ;acted armctnent:s to the proposed ordinance in the event that it might be Approved by the City Council, The first objection that Joe and Steven Langston have is the lack of adequate advance notice to prepare and organize their opposition to the proposed modification of the City Taxicab Ordinance. The letter fran the Cit.-y Attorney containing the proposed ordinance was not re- ceived by than until Jrsnuary 26t:h, 1934. 'ihi.n left only ttiu working days in which to prepare and organize opposition. '1he probl,an of not pp,iving; ndequnte adavanre notice is caslpounded by. the fact that Joe lanhston has a long; pl.-nined vacation out of state that was due to start February l.st, 1984. At this tine he plans to delay his departure until After the February lot, 1984, Council, Moetingg. It is the tang;stans' hope that this proposed orclinancw wi.11 not be introduced on February last, 1984, but tic l.ayed until the 1Mrch l5th, 1984, Council Meeting;. '!'here is no need ror rut:hang; this matter throqh since t11e City has prrmtud the t:1n€,sums' Uxirnb Corti fi.cate to operate until June 3001, i924, '11joreforr_ a delay will not Winn or, affect anyone and everybody will lucve t:itrc to more clonely rvalunte the full effact of the proposed chrsnge, , 'g11e Ling;tstoms have Itultiple reasons for their opposition to the propot:ed chinge in the Ti..xicab Ortunnnce. Scxne of thetsr_ reasons are upecial cmly to than but: most sire rrat ones that vri11 cuncurn the Bon(:ral public. Ilie firat reason for objection to the prolm:,ed ordinance to t1:1t it cc1:.,tletnl.7 auto the grsblic pt'otretion provided by the promiit ordinance coatrollin„ taxicab operationn. Ilia follawinr, are e"+.,x:;71C:i of public protection that will to cUninited by proposed Ordinance 914-84. 1. 'Lire Public V ehf0le 1lymdo lic)a -will be elitnin:tted and there will be no : parin:;s to detcarnine the jrsal is need `-ofore additional cabs are alls•r..�,i Into t cs city. Sce 20, 05.1020 'Uld 20.05 V40 of t::e pros xic a: d'-nance. a I Mr.. Mayor & Council Members f January 30, 1984 r Page 2 2. The abandonment section that requires that all cabs allowed must not fail to operate for six consecutive days or be subject to revocation or modification of their operating rights has been eliminated, f ' Without this requirement there is nothing to prevont Anchorage cab cocrp anies from flooding the market in the surmer acid withdrmwing in the l winter and leaving the conmunity stranded. See 20.05.050 of the present ordinance. 3. Ilia requirement of a chauffeur's license would be eliminated un&r the proposed ordinance. No longer will a driver have to show non - addiction to the use of alcohol or dnigs, good wral character, no conviction of n felony within the last ten years and no determination tfivit the drivers' driving record is acceptable. No longer will the Police Department review the applications of prospective taxicab drivers. See 20.05.090 of the present ordinance, 4. Under 2.0.05.100 of the present ordinance drivers are required to be clean and courteous. this section also requires that the person who first employs the cab has the right to travel alone. And finally this section requires that the driver take his passenger to his destination by the moist direct available route. The above protections are deleted by proposed Ordinance 914-84. 5. The safety exisninration of vehicles used for taxicabs will i no lcmfer be required under the proposed ordinance. Anyone with a $500 u Jtmker can go into business. See 20.05.120 of present ordinance. i 6. Taxicab rates will be elis►dmted by the proposed ordinance and their is no ceiling to protect the public like there is now. See 20.05.130 of present ordinance. , 7. The size and body style requirements would be eliminated i by the proposed ordinance and any type of vehicle could be used for a taxicab. See 20.05.170 of present ordinance. The second ream= for the TAngstons' opposition is that in December of 1981, they purchased the business presently known as City Cab Canpany. The purchase price was $25,000.00 and they invested $25,000.00 more in needed equipment. The Lmgstons were plannin to purchase 5 new ve- y hicles for cabs in Septa6er of this years initial purchase and late capital infusions into the business were made based on the pro- tection afforded by the present taxicab ordinance. Nva a new ordinance is being; rushed through and they have never been consulted regarding its content evan though they are the most affected party. Standards that have existed for protection of the public are being abandoned under the proposed ordinance. No screening; will be provided for taxicab drivers and we hrive no assurance of utat kind of people will be handling the safety of our citizens. There will be no safety in- - :� '- - ,�......� :.�_�....� % _..,ram _ --:�:.s � --.� _ - - - _ _ ��� - - ,• Mr. Mayor and Council Mcanbers January 30, 19W# Page 3 opecti,on of vehicles tuied as taxicabs and no incentive exists to provide safe newer model vehicles for the public. Requirements for size and desip of taxicnb vehicles are also deleted. Rules for the conduct of the cnb drivers toward the public are being abolishad. Vic proposed ordinrutca would leave the local cit.•ivano i to the mercy of any fly by night cab operation with a five hundred I dollar junker. . Tn the event' that the Council should ane fit to nm and the existing . ordinance these amendmonto need to be added to the proposed ordinance For protection of tho local public. Some provision needs to be muintained so that Anchorage cab companies don't flood the summer market and drive out all competition and then leave Kenni in the winter without a cab company for tho local citizens. Therefore the ImSston's request that the introduction of this ordinance be delayed until all Council members can review it carefully and effected citizens can have a chance for meaningful input into this `. decision. Even Assuni:ng a change is needed, it is clear that amend - menu to the proposed ordinance are need to protect the public, i A delay on this matter until mid March will allow more time for education card input in this neater and would not force Joe Langston to abnndon his 10c19 planned vacation. The present cab certificate issued to City Cab does not expire until June 30th, 1984 and there appears no need to rush this matter to a decision. i Thank you for your consideration in this matter. Sincerely yours, t ROBMT HWX 0DWW M RMC/gb i i �a9t:QC�: I T-We IQ a=! Dy-La CbaDtgK 2A.A5 2AX=—a 20.05 ( rildez) •-20,05.010 fiee� t i 1 20,05,010 Definitions. 20,05,020 Public vehicle commission, 2005,025 Qualifications of commission members, 20:05.030 Duties. 20.05.040 Certificate required. 20,05,050 Abandonment. / 20.05,060 Liconno required. �/. 20.05.070 Carrier's liconno, t 20.05.080 Liconne Plated and numbers, 20,05,090 Chauffeur's license. 20,05,100 Miscellaneous. • 20.05.110 Taxicab license foes, 20,05.120 Examination of, vehicles, 20.05.130 Taxicab carols and ratoo. 20.05,140 Taxicab and limourtino at;ands3. 20.05.1,0 Public liability insurance. 20.05.160 Taxicab ratrs to be computed, 20.05.170 , Size ant) body style rautrictionn. 20.05.180 Ponalty. 20.05.010 +�,�, art des Unloso ot:herwion e::Prrsaly rtttttcl, whonovor ucled in thiz chapter, the followinq words s;l:tll have thn mczatingn given 1.0 thor7 by thin onct'iolts (1) "3'.`%icnb" ;so -pins a r.ol-or-driven Vars%.onc;4r voiticlo vhjch t not C rtirient-ed by H".a Alassr.a Tr:sn ;l'ortation .ind 'Which ist offered for public hirr, oat a time or r: i. ^r :GCrt I)X; i:l (2) "Ct%r. tiid aic:t" shall moan tho Public Vohicie CGM i:.^,ir:at. (N) ":'trroit" Zhall Nri,.n and Lncluclo .any ntroet, allay, :fcnt:r,, Court, lane'., or public (:lace in tlu3 City of net i . r� 20.05,010-20,05,030 ' (4) "Taxicab driver" shall mean and include any person who drives a taxicab, whtather such parson be the owner of _ such taxicab or be employed by a taxicab company. (5) "Taxicab company" shall mean and include any person owning or having control of the use of one or more tanicabs usad for hire upon tho streets or engaged in the buninoss of operating a taxicab within the City. (6) "Taxicab stand" shall moan and include any place along the curb, stroot, or elsewhere which is exclusively reserved by the City for the use of taxicabs. (7) "Porsons" shall mean and include one or more persons of either sex, natural persons, corporations, partnorchips, and associations. (8) "Chauf four's license" shall mean a written authorization granted to an individual driver permitting such person to drive a taxicab in the City of Kenai. (9) "Limousine" shall moan any common carrier authorized to transport passengers and their baggage between terminal facilities, such as, an airport, a ship dock on the one hand and designated points as set out in the applicable certificate of convenience and necessity issued by the Alaska Transportation Commission. (KC 20-11 Ords 12, 208, 249, 265) 20.05.020 ,A"II I Amn 4aions (a) There is -, hereby ortablisshed a Public Vehicle Commiszsion, which shall consist of 3 members appointed by the Mayor, subject to , confirmation by the Council, for a tern of one year. The Mayor shall designate the Chairman of the Commission. (b) The Public Vehicle Commission shall meat on the call of the Chairman or 2 members thereof at such times as may be necessary to transact its business, (Orris 249, 619) 20.05.025 (`1+�].��fie2, a leis A member of the Public Vehicle Commission must be a resident of the City of Kenai and cannot be an oficar or employee of the City of Kenail if any member shall move his residence from the corporate limits of this City of Nonai or shall be cloctrd or appointed ass officer or employee of the City of Kenai, then the service of such member shall terminate immediately, (Ord 619) 20,05,030 Mit,-!!,^;s (a) The Commission nhall bo ro-pon;ible for i cuirt.1, m0dif7img, anti* ruvol.ing Crrtificatess of Public Conv(?nienca and NecouuLty whenever it appears in the public intere-.t to do Co. (b) Thn certification shall shows (1) thn name of the tai icab cos :rs.sn $ i l2) uhn nu. -bar of taxicabs which ton company is aus::,or:zecl to operate; c,nd (2) a daccription by r zh-, modol, encir,e nu.:ber, and ..*rial nuzlbar cf the vehLzloss zo :ut:.ori ed. (Orde J 21"-� Icit" of C� 20.05.040-20.05.050 20,05.040 c-t.1e_P:sA�: A10 license to operate a taxicab in the City shall be iasuod unlorin and until the Public Vehicle Comnission *hall, after hearing and notice to all interested parties, certify that the public need for taxicab service requires the additional service to be rendored by the applicant. In deciding this question, the Commission shall consider the need of the public for taxicab service, the number of cabs in operation, and the anticipated future demands. (Ord 249) 20.05.050 Abandonments If any licensee on whose behalf such a certificate has been issued shall fail to operate all or any of the taxicabs covered by such certificate for a period of 6 consecutive days, the certificate may be revoked or modified by the Commission so as to cover and authorize only the number of cabs operated. (Ord 249) 20-2.1 (City of Y,enai Cue:p. 'S - 11/10/30) r err .t n r , 20.05.060-20.05.080 20.05.060 Liconne RD_gUj ds To operato a taxicab or limousine within the City limits, a taxicab company shall firs obtain a carrier's license therefor by applying in i writing to the Clerk. Each applicant for a license shall apply upon a form provided by the City and conform to the followings (1) be a citizen of the United states, (2) be of the age of 19 years, or a duly qualified corporation, (3) file a statement describing each vehicle to be so liconsed,•givings (a] full name and address of the owners (b) the class and passenger -carrying capacity of the vehicle! (c) the length of time the vehicle has been is user (d1 the make of the vehicles Ie] the engine numbers If] the serial numbers (g) the Stato.license numbers , (h] the Certificate of Public Convenience and Necessity number from either the State or Citys Ii] whether said vehicle is leased, licensed, or under am form of contracts ; Iff what person, firm, or corporation collects the 1"• revenues from the operation of said vehicle and pays •' the expenses of operating the sames and - Ikl proof of insurance. (KC 20-2s Ords 12, 208, 249, 251) 20.05.070 arr.ierLs r,,scanse: Upon receipt of the above information, presentation of the applicable Certificate of Public Convenience and Necessity and payment ; of the required fee, the City Clerk shall issue a carrier's license. The licbnse may not be transferred without approval by the Commission. (Ord 249) 20.05.000 1.i.ceos Pl�•�,,,� ' imtaer a: (a) Each licensee] vehicle shall bear the liconne number of the vehicle and proper descriptive words, including the year for which the licence was issued, by displaying the some on the bind..^,hield of the vehicle. (b) Every taxicab and limousine accepting business from point.,; originating within this municipality shall have care designation of the character of the vehicle of fixed or painted in plain vinible letters on each aide thereof, and all taxicabs shall have an illuminated sign with tho wore "taxi" or "cab" or 11ta::ic3b1# printed thereon, but for gocd ; cauco shown the City '!,znager may grcnt a written waiver of this requirement for a limited period which will be dantcrnired :;f the City :!anagor End Cot forth in the waiver. c.. 20-3 (C:ty of Eerai Supp. 45 - 11/10/80) - _ �._�...._..�. , i,/rv� ...�-fit••' - _ _ 1._ , .�-c.... n ..1 R• (1 V f • a 1 .. 1 Il (c) Taxicab companies; shall select a color combination r" for th/sir taxicab; anti all cab:) will be painted with that combination, but for good causa shown the City Manager may grant a written waiver of this requirament for a limitzd period which will be daterminod by the City Manager and set forth in tho waiver. (KC 20—G, 20-181 0rd3 12, 208, 249, 544) 20.05.090 Chauffeur's License: (a) No person shall drive a taxicab or imousine comnercially within the City of Kenai until that person obtains a chauffeur's license from the City of Kenai upon meeting the following requirements: (1) ability to read and write the English languages (2) non -addiction to the use of intoxicants, narcotics, or dangerous drugal (3) good moral character and reputes (4) no conviction of a felony for 10 years previous to application unless after hearing on appeal the Commission shall decide circumstances have changed with respect to , the particular applicant so a license may be issued; (5) determination that the applicant's driving record indicates a fitness to hold a chauffeur's license. (b) with each application shall be submitted the nece3sary fees, photograph of applicant, and a full set of fingerprints to be taken by the Police Department. This subsection shall also apply to officers, agents, servants, i and employees of corporations, companies, and partnerships. (c) if the application for a chauffeur's license fir indicates that the applicant merits the qualifications for a license, the Chief of Police may issue a temporary license r_ pending completion of the investigation of the applicant's background and qualifications. This temporary license shall axpire at the end of 45 days from the date of issuance. If the applicant meets all of the requirements, tits Chief of Polices shall issue a permanent chauffeur's license renewable annually on or bafora July l:zt of each year. (d) If th.� applicant. dooa noL meet the requirements;, th•.i ChicC of Polito may Bony tho i sMallco, of aither a tcm- porary or a permanou chauffeur's liccn:)e. Whon the Chief of Police rafuzos to issuo 'cithor a temporary or pormanont ch::u"C.zur':; liconsie, such doni•il shall bo in writLiq, stating th,i r,.nizow; for such doci:sitan. Tho applicant may apV0.21 c:.tici:;iva to the c_vr11ni3uic)n within Lo day:; after too r•:ct:i.i,t o.' •:ii% wri.tten notico from thy. ChioC Of Polica in th,_ F'. •tnt th-1t otich an rij,js�.:: i of Lhc ti/?:i L a l OC .1 IL0,11111u, is - ci::;jj'r:•,i L'i L::•W applic.-int•. (Fit; 20-3i nr.l.s 12, 19, 203, 224, ^q.05.11�3 :is.:;c•.all.a;a�uts:;: (a) All d"iv.sro r..hul.itod r .,.: .; ci:.tU,.•sr Lnali lss ci�.�a and�vu ts/3s:; at .all tip as. (:s) ::•a ::ri:••�c �s:: a::;: L:cat:u�:c3 t.1::icab c�::all Parr, an., �s••'s. r ti:a:t th ?+a :.:,:::•for. : : a t.1:: ib ,: i • :a:st � �� v .•. ....� t..r J•.v.: � .. .��.. � • �i / i�i.� ��.� .�i qJ:.1 .rrie I..�•y •e i•- , + 1• � (City of Yerai Pcrp. 05 - 11/10/90) 9 � . R) 20.05.100-20.05.130 (c) The driver ahall takes hiss pan sungar to his dosti- r . nation by the most direct available route from tho place whore tho paouengar entaro the cut). (KC 20-121 0rda. 12, 208, 249) 20.05.110 Taxicab License Peons The applicant for a carrier licansse, canoe xor an additional vehicle, or a chauffeur's liconso ahall pay into the City treasury the sum cot forth below, provided that if the said license its denied for any reason, So% of said foe or fees shall bo returned to the applicants (1) A carrier licensee shall pay a license Fee of $50 par year whicis"ahall entitle said operator to one vehicle for hire. (2) in the avant a lican000 io licensed for more than one vehicle, than he shall pay $20 per year for each addi- tional vehicle so authorized. (3) An applicant for a chauffeur'ss license shall pay the sum of $5 par year for each and ovary license so issued. (4) All licenses shall be for the term from June 30th of one year until July lot of the following year, or any aogmont thoreof, and are oubjoct to review prior to renewal. (5) All taxes and other obligations due to the City and Borough must be current prior to license renewal. (KC 20-16s Ordss 12, 208, 249) i 20.05.120 Examination of Vehicless At least once each year arid more oftenEC deemed necosisaary, the Chief of Police, garaya, or repair businoo o designated by the Chief of Police ohall carefully examino each vehicle regulated by this chapter. No such vehicle shall be licensed Which does not comply with the following: (1) It must be in thoroughly safe condition. (2) It muot bo clean and of good appearance. (3) Such other examinations an may be ordered by the Chief of Police from time to time. (4) Mechanical inspection may be performed at the City garage at a coot not more than $20 per inspection. (KC 20- 0 Ords 12► 208, 249) M` i i. i 20.05130 Taxicab Cards and ttattia s (a) The operator of any taxicab is s�I cl up ay noido the taxicab a card laqibit, to a customer seated in the rerarmont, ocsat stating the licenoo numbero, this maximutst rates of faro, and a notice that Iny rsrticla left in the taxicab muot be returned to the City officals, fvillora It may be identified and claimad. (b) Hateu charejod for conveyance in taxicabs) shall be fixod by ratsaltstion of the City Council pursuant to a recom- mondation from the CostwiWoion from titstn to tittac3. An an �lnact.^.tout of thin ch.sprf)r, rate:; )Shall be: (1) $12.00, Charter par hours (2) .80 per ^sites (3) .90 f laci dropl (4) .20 minutAs and (5) .10 - 1; 3 mile. (KC 20-7, 20-3s Ord:a 12, 203, 2.39) (Moto rats change Faso. 79-173, Appendix I) (City of Kenai 20-5 Sure. 43 - 6/20/90) •I .i A C 11 A C 11 Wei W-0-0 20. 05. 1.10-20. 05. 160 20.05.140 Ta:.icah and Limaunino Standas Taxicabs and limousines shall be parked at stands f;o desaignatod for that purposes from time to time by the City Manager. No driver shall solicit passengers as fares. No driver shall dismount from his taxicab at any time for the purpono of soliciting passengers, provided that this shall not prohibit any driver to assist a pasaengor entering or diamounting from a vehicle. Only licensed vehicles shall be permitted to park at any stand. (KC 20-9s Ords 12, 208, 249) 20.05.150 Public Liability Insurances An operator shall file with the City Clerk evidence of insurance cer- tifying the operator insured for liability for damages on account of bodily injury or death, or for damages to prop- erty resulting from the ownership, maintenance, or use of any taxicabs. The limit of such insurance policy shall not be less than $100,000 for bodily injury to, or death of, one parson and $300,000 on account of any one accident resulting in injuries to and/or death of more than one person, and $20,000 liability fQr damage to property of others, arising out of any one accident. Such policy shall be endorsed to give the City 30 days notices of expiration or cancellation. (KC 20-11; Ords 12, 208, 249) 20.05.160 Taxicab Rates to be Comnuteds (a) The taxicab company s a meter -41:1 tax calls. The taxi meters . shall be the typo or typos commonly unod throughout the United States. Inspection of such fares shall be monitored and approved by the Chief of Police. No taxicab shall be operated unless it is equipped with a meter in good con- dition to record the amount to be charged on each trip, which amount shall be shown in figures visible to the passenger, but for good eauee shown the City Manager may grant a written waiver of this requirement for a limited period not to exceed 14 days which will be determined by the City manager and set forth in the waiver. Upon paying hie fare, each passenger making a request therefor shall be, given a receipt fshpwingr the amount so paid and the mime of this company or pnroons oporating the cab, together with the number of the cab if such company or person operates moro than one taxicab in the City. (b) It shall be unlawful for a passenger to fail or rofusa to pay the: lawful fare at tho termination of a trip. (c) Each taximeter shall be accurate at all times. The tolaranco for distance of a ona-mile course shall be 4S error for overcharge and 4 error for underchargo. The toletrance for tine for 5 minutes shall be 15 sieeonda for nvercharle and 25 fseconda for undercharge. The Chief of Polices or his authorized agent may inspect any taximeter at hen dic;crction and upon di:acovery of inaccuracy of any taximoter, may require that tho taxicab equipped with the (C: t f O! zoo 1 i Su;q. s3 - 6/20/30) 20-8 1 r. r. inaccurate taximeter bo comovod from narvica until tho ► C/' taximeter hose boon t ccuratoly repaired, adjuntod, and t rotontod. 4 There t owitch botwoontheea" motor and top switchlightor inclapendr�nt (a) The tascimatOr flag shall be in the down or horizon- " { tal position when tho taxicab in employed and shall be moved j to the up position promptly at tho termination of each employment. (KC 20-17, KC-181 Orda 208, 249, 544) 20.05.170 Sinn And Hoy Stella Roatrictionss No license { ahall be granted un i ahaptor or -a vchiala which has a orating eupacbty as par the manufacturer's rating of more than 7 pornona, or for a vchiclo the body style of which is other than a sedan or a atation wagon. (Ords 265, 554) 20.05.180 PonaltAny parson violating any provision of thin chapter gial be guilty of a misdemeanor and shall upon conviction tharoof be punishad by a fine of not more than 0100. (KC 20-131 Ords 12, 208, 249) I I r J v s. a I i I I , i ` 20-7 (City of Kenai j Supp. #3 - 6/20/80) i _ _ �, _ .. ___ _ - .. • Two - a c CITY OF KENAI • RESOLUTION NO. 79-173 { A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA f FIXING RATES TO BE CHARGED BY TAXICABS WITHIN THE CITY OF KENAI. 1 WHEREAS, Section 20.05.130-2 of the 1979 Kenai Code states that rates to be charged by taxicabs shall be fixed by resolution of the Council pursuant to a recommendation of _.__. the Public Vehicle Commission, and WHEREAS, the Public Vehicle Commission determined at a meeting held December 14, 1979 to recommend that the taxi- cab rates should be increased to $2.10 flag drop, $1.60 per mile, $.20 per 1/8 mile, $18.00 charter per hour, and ' $.30 per minute, and - J WHEREAS, the Public Vehicle Commission has recommended ' • such rate increase to the Council and the Council has deter- ' mined that such rate increase is justified, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY { OF KENAI, ALASKA as follows: r j Rates charged for conveyance in taxicabs shall be: (a) $2.10 Flag drop (b) $1.60 - par mile (c) $.20 per 1/8 mile 4 (d) $18.00 - charter per hour y(e) $.30 per minute ' PASSED BY THE COMICIL OF THE CITY 01' KENAI, ALASKA this - - 19th day of December, 1979. 4 vI:a':::JT 01 [if:ILLY • . Y R ATTEST: �• /l .i.:::ec Whalan, City �13rk F� (Citj of Kenai APPENDIX I 1 Supp. 93 - 6/20/80) (20.05.LiO) Suggested bys Administration CITY OF KENAI ORDINANCE NO. 915-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING THAT CERTAIN CITY -OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, KMC 22.05.010, 0309 and 050 requires that the Council shall determine whether certain City -owned propertiee are needed for a public purpose, and WHEREAS, the disposition or sale of such lands shall be made only upon finding that said property is not needed for a public purpose, and WHEREAS, these City -owned lands were subdivided for the sole purpose of disposition or sale to interested parties, and WHEREAS, the following described properties have been previously leased from the City but said lessees are in violation of their lease agreements and subject to cancellation or termination of lease, and WHEREAS, the City anticipates that these propertiee shall be available for disposition or sale prior to the effective date of this ordinance. NOV19 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followas Section 1: The described City -owned lands are not required for a pu— lT is purpose and are available for lease or sales Cook Inlet Industrial Park Subdivision Lot 4, Block 1 Lot 3, Block 2 Lot 9, Block 2 Lot 10, Block 2 Lot 11, Block 2 Fidalgo Commercial Center Subdivision Lot 7, Block 2 Ord. 915-04 Page 1 Y� b �~ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 1984. OM WAGONER9 MAYOR ATTEST: anet Whelang City Clark First Readings February 1, 1984 Second Readings February 15, 1984 Effective Dates March 15, 1984 Ord. 915-84 Page 2 , r) Suggooted bys Administration CITY OF KENAI RESOLUTION NO. 04 -15 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING A GRANT INCREASE. FROM THE STATE OF ALASKA, DEPARTMENT OF ENVIRON14ENTAL CONSERV4TION, IN THE AMOUNT OF $11,624 FOR THE CONSTRUCTION OF FIRST, BIRCH, AND FOURTH STREETS WATER AND SEWER. WHEREAS, the State of Alaska has offered the City of Kenai a grant increase for $11,624 for the construction of water and sower improvements on First, Birch, and Fourth Streets, and WHEREAS, the City of Kenai agrees to accept the responsibility to operate and maintain the propooed water and sewer improvements and agraea to the terms and conditions of the grant offer, and WHEREAS, this grant offer must be formally accepted by the City of Kenai. J NOV19 THERf:FORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant incroane in the amount of $11,624 from the State of Alaska is hereby accepted fat the construction of First, Bitch, Fourth Streeto Water and Sewer. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of February, 1984. t• V l,'t NE, t, t o t . ATTESTS Janet Whulan# City er Approved by Finniscus 0 • J P r cow i Sugg"atod bys Adminlotretion CITY OF KENAI RESOLUTION NO, 84-16 BE IT RESOLVED BY TH.E COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE FORT KENAY RESTORATION CAPITAL PROJECT FUNDS - Froms Repair & Maintenance ($lt700> Tos y Unemployment Insurance Claims $1p700 This transfer provides money 'to pay unemployment inouronce claims for on individual formerly employed on thin project. PASSED BY THE COUNCIL OF THE CITY OF KCNA1, AL-ASKA, thio 15th day C. of February, 1984. . I ATTESTS i Janet Wholwit .i y Clerk Approved by f inancits . z.. - `4 f- ` Y' • 1 R: r i k I� 11 r Surygontod bys Adininlotrelion 1 CITY OF KENAI RESOLUTION NO, 84-17 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE GYMNASIUM CAPITAL PROJECT FUND. from: _ _.. _ Lend <$1,211> • Inspection $1 p211 This transfer providun money to pay for inspection/testing - servicoo an the Gymnasium project. 1 J PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day I� i of February, 1984. " rd TOM WA ATTEST: 1 " Jarvot Whulnn# City ELark Approved by Finances [fgQ •d' i 1 it f I r f Sug9t:nted bys Mnyur Wagoner CITY OF KENAI RESOLUTION NO, 84-18 .._- A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF KENAI AT THE REGULAR ELECTION TO FEE HELD 1N THE CITY OF KENAI ON OCTOBER 2, 1984, THE QUESTION OF AMENDING THE CHARTER OF THE CITY OF KENAI, ALASKA, BY RESTRICTING THE PRINCIPAL PROCEEDS OF SALES OF CERTAIN CITY -OWNED LANDS. WHEREAS, the City Council desires that principal proceedo from the tales of City-ownod, non -trust lands be oogregated in a special account from which monies may not be spent or appropriated, ��. and WHEREAS, the City Council believes that the revenue earned on .. such an account will provide a stable source of revenue to the City, and thereby help provide for stability in the City's tax o levies for many years in the future. ��- NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following question be placed on the ballot of the October 2, 1984 Regular Election to be hold in the City of Kenai, Alaskas Section 5-11. Proceeds of Lend Sales. The principal proceeds from salon of City-ownod, non -trust lando ah.all be rocurded in a neporato City I,.. account. Monies in this account shall be invoutud and may not be opent or appropriated for any purpose. Revenuers earned on monies in thin account may be used for any lawful purpose. For this purpose, non -trust .• lands aru defined no lands owned by the City other thats lands held in trust by the City under the terms of convayance thereof to the City. Procuudo from anion of :yv lands received on foreclosure for apocial ounousmanto or for taxes ghali first be redueiid by ner.eounry amounts for payments of ouch aantioamentcs, taxu+s, and --.- - rislated coats. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 15th day of Februrrry, 1984. -f U�ONC , [ [)t[ ATLESTs i • Janet Whe ang City Clerk � t l f CCl CITY OF KENAI "Od OapdW 4 4iaxi4a" I. O. SOX 680 KIHA$, AtA6KA 99611 1111PHOHI 161 • 7616 February 6, 1984 , Alcoholic Soverogn Control Board 201 E. 9th Ave. Anchorage, AK 99501 At their regular meeting of Feb. 1, 19849 the Kenai City Council recommended objection of renewal of liquor license for the followings Bovorage Oiopenaary - Rainbow Bar & Grill. Salon tax roporto and paymonta are not current for t'hio individual. The Council requantod a 30 day extension for the followings Qovorogo Aiopenoary - HarborView Reotaurant. Application was recnived Jon. 24, 1904. Council will make a decision Wore the fob. 24 deadline. ` Council approved renewal of the followings k... o Club - Eegluu, 113525/83249 Peninsula M000e Lodge, #1942 devoraga piaponoory - Sheffiold Huunu, Konai Kenai Jno'a Thank you. . Janet Who 1 an, C61C City Clark j n f a. n &LAS A lAl'!NAMMOND, QOKIINOs D. � � Dl,gs�p1'p'�11�:0T'Q' 11{R I�f�O�l�le14J� 201 EAST 9rH. AVENUE ALCOHOLICBEVER40ECOffA0L BGARD ANCHORAGE, ALASKA 99501 January 23, 1984 l Janet Whelan, Clerk "c2ta;;�, City of Kenai - P.O. Box 580 =" �y Kenai, Alaska 99611 one ;�r./• .y. �e3abEZr%J' Dear Ms. Whelan, We are in receipt of the following applications) for renewal of liquor license(s) within the Cit of Kenai You are being notified as required -by AS 04.11.5ZO. =I BEVERAGE DISPENSARY - TOURISM r i �J Harbor View Restaurant i f A local governing body as defined under AS O4.21,08000) may protest the approval of the applications) pursuant to AS O4.11.480 by furnishing the r r. i - •� J �1 A.. tl � d Fj 0 board and the applicant with a clear and concise written statement of reasons Th support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application if a rejuest is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please -so notify us and provide a certified copy of the relevant regulation or ordinance if you have not previously done so. PROTEST UNDER AS 04.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRES BY ZONING REGULATION OR ORDINANCE UNDER AS 04.11.420(a) ARE TWO SEPARATE APO DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, Betty L: Calhoon Records & Licensing Supervisor (907) 277-8638 BLC:vk Enc. 6 r----17 C dEP SV O OF &LASKA /NV A #ANNONO, IffaRN00 YE DEPARTMENT OF REVENUE at EAST 97H. AVENUE ALCOHOLIC 8Eb'ERA0EC0NTROL BOARD ANCHORAGE, ALASKA 99501 January 27, 1984 Frances Brymer, Clerk Kenai Peninsula Borough Box 850 Soldotna, Alaska 99669 Dear Ms. Brymer, We are in receipt of the following application(s) for transfer%� liquor license s) within the enAi-•Peeninsula-Be�roug4—.. ;_i. You are being notified as required AS U4.11.520. BEVERAGE DISPENSARY LICENSE KENAI JOE'S; Carol Conright Shook A Elsie Creswell; Peninsula & Broad Sts.; MAIL: P.O. Box 8071, NRB, Kenai, Alaska 99611. Transferred from: Harry Axson, Jack Conright A Elsie Cresswell. Same D/B/A and location. ice/ .�.. �' r.� �,�!: �✓"' A .focal governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the n -- U I board and the applicant with a clear and concise written statement of 17 reasons Tn support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 04.11.51O(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS 04.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS 04.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 1O4.145(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application if a rejuent is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please; so notify us and provide a certified copy of the relevant regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUSRED"BY ZONING REGULATION OR ORDINANCE UNDER AS 04.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that In mind in responding to this notice. Sincerely, Betty L?Calhoon Records b Licensing Supervisor (07) 277-8638 BLC:vk Enc. w ,y h -- — /- - Comm 10 CITY OF KENAI tod cap" 4 4"a P. O. SOX 600 KSNAI, ALASKA 91611 TSt6PMON5 213 • 7636 i February 6, 1984 Alcoholic Beverage Control Board 201 E. 9th Ave. Anchorage, AK 99501 At their regular meeting of Feb. 19 19849 the Kenai City Council recommended objection of renewal of liquor license for the followings ©average Dispensary - Rainbow Bar & Grill. Sales tax reports and payments are not current for this individual. The Counc requested a 30 day extension for the followings Beverage Dispensary - HerborView Restaurant. Application woo received Jan. 24, 1984. Council will make a decision before the Feb. 24 deadline. Council approved renewal of the followings Club - Eagles, 113525/113249 Peninsula M0000 Ladge, #1942 Beverage Dispensary - Sheffield House, Kenai Kenai Joe's Thank you. et �•4 Janot Whelan, C14C City Clerk jw . 4 ... KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 8 G. NEW BUSINESS G-8 Discussion -Increase in Engineering Inspection - Airport Ramp and Itinerant Aircraft Parking - $2,304.17 Public Works Director Kornelis explained, when they cut into the asphalt they found more than expected unsuitable material underneath. This is to do soil inspection testing to determine if we have to go farther in excavating. It will be paved next year. If we have to excavate more, there will be additional cost. Councilwoman Bailie asked, is this in addition to what they bid on? Mr. Kornelis replied, Mike Taurtainen designed the project and based on core samples outlined an area of bad material. After bidding the project, we changed to Professional Design Assoc. for inspection. When the contractor - - - i 1 r1 r, AGENDA KENAI CITY COUNCIL - REGULAR MEETING FEBRUARY 1, 1964 - 7100 PM PLEDGE OF ALLEGIANCE A. ROLL CALL. 1. Agenda Approval 2. 1 Consent Agenda All itoma'hated with an nolueiak (•) are considered to be routine and non-controvernial by the Council and will be approved by one motion. There will be no anpsrato dincunnion of those items unless a Council member or citizen so requonts, in which cane the itom will be removed from the Consent Agenda and considered in its normal sequence on the agenda no pgrt of the General Orders. 0. PERSONS PRESENT SCHEDULED TO BE HEARD ' f 1. Gerry Sibley - flout Plano Basin ' 2. Dove Travers, Cloan-Rita Janitorial - Cancellation of Contract ' C. PUBLIC HEARINGS 1. Ordinance 863-83 - Amending Kenai Municipal Code - i Utility Locations in City Right of Ways 2. Ordinance 091-83 - Amending Kenai Municipal Code - Finnl Inapaetion Requirements, Building Code 3. Ordinance f913-84 - Amending Kenai Municipal Code - Add Consent Agenda 4. Roaolution 84-8 - Trannfor of Funds - Notes Reduction Malarial, Gym - $17,860: 5. Resolution 84-9 - Transfer of Funds - Overtime, Animal I Control Budget - $1,250 6. Resolution 04-10 - Transfer of Funds - Adjustment, Senior Citizen Grant - $7,145 7. Resolution 04-11 - Transfer of Funds - Engineering Services, Float Plone Benin - $4,592 0. Resolution 64-12 - Tronafor of Funds - Building Inspector Seminar - $1,100 9. Resolution 04-13 - Awarding Feasibility Study for Float Plane Basin - Wince, Corthell h Bryson 10. Roaolution 84-14 - Reoolution to Legislature in Support of Roynity Oil Contract to Tesoro IT. Application for Liquor !icenoo - !average Dioponoury - Rainbow Oar 6 Grill 12. •Application for Liqunr Liconoo - Club - Eogleo•, 03525/03249 Peninnuln Macau Lndqe, 01942 Bovoroge D►epennary - 5hoffiold Ocoee, Kenai 13. *Application for Liquor Liconoe - levaroge Otopennory - Kenai Joe's 14. Appiir.ntion for 1.1quor Liconoe - levarnge Otopenaury, lourium - Harbor View Reatournnt L D. MINUTES 1. *Regular Meeting, Jan. 18, 1984 E. CORRESPONDENCE F. OLD BUSINESS 1. Recreation Center Fees G. NEW BUSINESS 1. *Bills to be Paid, Bills to be Ratified 2. *Requisitions Exceeding $1,000 3. Ordinance 914-84 - Amending Kenai Municipal Code, Public Vehicle Commission 4. *Ordinance 915-84 - Finding Certain City -Owned Lands Not Required for Public Purpose 5. *Games of Chance & Skill - American Legion, Post 20 6. *Games of Chance & Skill - American Legion Auxiliary, Unit 20 7. *Games of Chance & Skill - Kenai Central High School S. Approval - Increase in Engineering Inspection - Airport Ramp and Itinerant Aircraft Parking - $2,304.17 9. Discussion - Royal Pacific, Salematof Dock Proposal 10. Discussion - Carl Van Buskirk - Ski Trail Proposal 11. Discussion - Uptown Motel Easement 12. Discussion - Section 36 Corridor Concept 13. Loose Application - Basin View Development, Ron Dolchok - CIIAP S/D 14. Assignment of Leese - Faroe Enterprises to Navarre - Aleyeaka S/D H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. Finance Director 6. Planning & Zoning Commission 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT 1 ' a KENAI CITY COUNCIL, REGULAR MEETING, MINUTES FEBRUARY 1, 1984, 73UO PM CITY ADMINISTRATION BUILDING MAYOR TOM WAGONER PRESIDING PLEDGE Of ALLEGIANCE A. ROLL CALL • Presenti Ray Measles, Chris Monfort Tom Wagoner, Tom Ackerly, Sally Bailie, Jose Hall Abeents John Wien (excused) A-1 Agenda Approval a. Mayor Wagoner asked that item G-10, Ski Trail Proposal, be moved to item B-3, so Mr. VanBuskirk could leave earlier. b. Mayor Wagoner noted item G-13, Ron Dolchock Leese Application, was listed incorrectly in the packet. C. Mayor Wagoner asked that item G-9, Royal Pacific, Solamatof Dock Proposal, be deleted. Information was not available yet. Council approved the agenda as amended. A-2 Consent Agenda MOTIONS c Councilman Measles moved, seconded by Councilwoman Bailie, to approve items listed on the Consent Agenda. Motion passed unanimously by roll call vote. B. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Gerry Sibley - float Plane Basin Mr. Sibley explained, in designing the float plane basin, the Airport Committee had to consider various factors and combine them. The first concern in safety. When this was closed, it was because the tower could not see it and it was too crowded. There was congestion on access. The Committee decided to separate take -off and landing areas. The elevation, ground level elevation, water levels, and coat had much to do with it. The basin is 77 ft. above sea level. That is all surface water from the - swamp behind it. The Corps. came out with a determination that they could carry up to 81 ft. above see level. The is 85 wnt drains toa fthe T Ifgwepoint went 81 ft. centerhwouldebe 85-1/2 ft.ing Frostyand winter heave would be a factor, no they made it 78 ft. The depth of 4 ft. basin gave them 2 ft. of water in the basin. Soils samples. They have quite a few. One area to good gravel. They did nothing with this in the design, they did 1 not went to tie up the project with anything else. Noise abatement. They had 2 piano t'rom the engineers. In the first proposal the Corps. would be concerned about. wet.lnnda. He got a determination from the Corpo. that osys we can excavate anywhere we want. The problem to where to p deposit. because of the noise problem, wetlands, etc. they moved. There will be an excess of material. Same can be _ put in the basin, it in 4 ft. deeper than it should he. Land acquisition. Over the pant 8 yearn the float plane bnoin has been tabled 3 times pending acquisition of land. They skirted the issue by go►nq arnund, but recommending acquiring the land in the future. There should be some clearing for air space, but they do not want to tie up the float plane basin. They Suggest dividing up into large lots, 400 X 3SO, 25-in acres of land. Clearing of the late r Y � N +.�rnt M./Y.!A1}lIL4/AY.'•-'.4.rt.2C-!a.w.:+-•'tt ,rearD,s .��'4::`rJi'ii v�,r.wl p.^,, ........::•Y KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 2 �p� 7 should be left up to leaeoos other than nomi-improvement by the City of trees, etc. They figured survey cost of $7,500. Ground control. The benefit of this system is there would be .te trouble with coca on the runway. The taxiway is 100 ft. wide, twice what is needed. Facility. Thay'do not need send trucks, fences, lights or snow plow. They met with the FAA man he was concerned about wheel planes. The float plane basin to 9 months a year, 5 months for ski strip. A soft -field aircraft could use one aide. There are 300,000 cu. yds. of material to excav9te, at $2 a yd., that to at least $600,000. He added, Airport Manager Swalley had sold City policy is that private industry takes care of tie -downs. Mr. Sibley did not agree with that policy. One end will have a ramp for transient float planed. He felt the City would have to get into the tie - down business if they went tie -downs. It would require a person to patrol. The longest take -off would be 2,600 ft., air taxi operators need 4,000 ft. They did not gear for air taxis, but as soon so it grows we will need 1,000 ft. The Committee wanted to show that it would pay for itself first. Councilman Ackerly asked about minimum and maximum proposals, there wee some talk about just moving dirt. Mr. Sibley explained, the City requires engineering review. Councilman Ackerly asked if the leasing from FBO would be seasonal or yearly. Mr. Sibley replied the operators need a place for their planes year round. Councilwoman Monfor asked if the plan would alleviate the notes problem in Woodland. Mr. Sibley replied it to 1/4 to 1/2 mile farther than the existing airport. Councilman Measles commended the Committee on the work they have done. Mr. Sibley noted both engineering firms were very good and helpful. 8-2 Dave Travers, Clean-R1to Janitorial - Cancellation of Contract Mr. Travers distributed a letter he received from Airport Manager Swelley. He asked if anyone on the Council would like to receive this letter. It does not talk well about the company. He thought he had done a good job. tie had bought good equipment. He was given the letter 2 days before the Council meeting. Maybe he and Mr. Swalley have problems. Mr. Swalley to expecting too much for the job to be done. A $2,000 investment for a $2,400 job to a large amount. The lettet should have gone to City Manager Brighton for review, it was not signed by Mr. Brighton or Atty. Rogers. The research he hoe done says to blame him for one mistake to wrong. The only mistake was when Mr. Swalley had a youth do some work. He told Mr. Swalley to go ahead with it. He did not know it would be used against him. After he received the letter, he found over 30 problems at the airport that were not there before. Mr. Swalley said he woo thinking of the beat interest of the City. lie did not think so. Mr. Swalley wrote the letter 2 days after the bid opening and hold it. It wan presented at a Council meeting and put on the table. Mr. Swalley should have talked to Council. Mr. Swalley said he did 90% of the work well. He wished every contract could be that good. When the bid was approved, Mr. Swalley congratulated him. Mayor Wagoner did not approve of the latter when it was presented. He voted no at first. They started the eonlract July 1. The porcelain to ruined. They had numerous complaints on things they could not correct. They were being naked to do things outside of the contract. The first 2 weeks of the contract, he was harasnrd by Mr. Swalley, 28 of the 38 times he was there. The carpet was ruined when he took over. There were financial problems with the contract. W ti-- -fin,: wb•rp=:•...-4:1..r.�r"��,,,.r•.;..>rr.+i -J I KENAI CITY COUNCIL FEBRUARY 1, 1984 Pays 3 He was supposed to he paid on the 30th of the month, or at the latest - the let of the following month. It was late. A contractor needs his money right now. He had to pay his employees once a month. He lost s crew of 3 when it was late. He had to train new crown then. This to one of the reasons he lost the contract. Regarding the unsanitary conditions at City Hall. He told Administration the sinks and toilets could not be repaired, they had boon ruined. Regarding the Senior Center. Maybe he misunderstood, but the City should have a professional write the contract. I` Senior Citizen Coordinator Porter said the floors had to be kept in good order, that to vague. He thought it was a low use area. When they were told to remove the black marks, they received complaints about the white marks to clean the black marks. Mrs. Porter asked him to re-finiah the floors. They had never been finished and were damaged by a piano. It coat him $200 to re-ourface them. Mrs. Porter said she had to re -clean the bathrooms. If they do it once a week, it will be dirty the last part of the week. She called early in the week. Why did Mr. Swalley wait till the let? He could have celled earlier. He has letters from people in the airport that it to not done any better now. He feels he to being treated differently than anyone else. At the time he had the City contract, nothing woo damaged. Mr. Swalley does not believe in the bidding system. He talked to Administration that he and Mr. Swalley do not get along and asked for another administrator. He to asking to keep the airport job. Councilman Ackerly asked if he wanted them to fire Mr. Swalley. Mr. Travers replied no. Councilman i Ackerly asked, was he never paid on time? Mr. Travers replied no. Councilman Ackerly asked if he was reprimanded on things not done well. Mr. Travers replied yee, but they asked for things outside of the contract. He noticed others have not done right, he is the only one that hoe had things written about him and the only one who has lost a contract. Councilman Ackerly said he does not use the airport very often but he has had citizens ask him about it. All he has + heard to negative. Mr. Travers said he agreed it was not done as well as it could be, but he cannot do the work if he to not paid on time and has harassment. It to not reasonable or rational to send a letter like this for one i mistake. The City will drive jobs out of here. Mayor Wagoner noted the letter said action woo taken after numerous complaints. Was this orally or in writing? Mr. Travers sold he felt he was being bounced around. It woo delivered in writing. He did not see the complaints till there were many at once. 2 months after the contract started, Mr. Swalley tried to get rid of him. Mayor Wagoner asked if he had been given in writing what the City or Mr. Swalley felt he was lacking and given directions as to what he should do. Mr. Travers replied, not really. They were disjointed and were from one to another. Mayor Wagoner acid complaints were in writing. but not corrective action. If action is taken for dismissal, if a person is not I performing properly, it should be documented with a period of compliance. He did not think this was done. Councilman Measlon asked Finance Otreclor Brown about the statement that he was never paid on time. Mr. Brown replied he was paid on time lhrnugh November. In one instance the check woe written on the lot. After that, Admtutatratton started holding checks bacause the work woo not being done. He won told it would he held till certain work was done. Mr. Brown said he reviewed this date and Mr. Travers was paid an time for 5 months. Mr. Travers said it was one to 2 weeks off. If someone close not to his job, the contract ahould he pulled, not hold his paychotrk. Airport Manager Swalley reviewed the spera fur the airport contract. lie did not ask Mr. Travers to do anything that woe not in the contract.if complaints were sent by mail, he i is '1 C .i` . i f •.;ti[$i!24�bYq.NDtZt7.C.^.1ItAw i I KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 4 had 24 hours to correct them. If by phone or in person, they had to be corrected the same day. He has 12-13 pages of notes regarding problems. Mr. Travers had reviewed with him. Mr. Travers said he had not aeon them. Mr. Swalley said the first complaint was Aug. 30, 2 months after the contract started. The loot was 3an. 17 h 18, to deliver the letter of termination. The May 1983 letter was received by Mr. Travers before the Council meeting. There were complaints from airport people on file. Councilman Hall asked if we had started proceedings on a new contract. Mayor Wagoner said it would go to the next in line. He asked Atty. Rogers and City Manager Brighton to respond to this at the Feb. 15 meeting. Council agreed to the request. 8-3 Discussion - Carl Van Buskirk - Ski Trail Proposal Mr. Van Buskirk explained he is with Scout Troop 357, working on his Eagle rank. He hoe to do a service project for the community. Kenai does not have a ski trail, he proposes a 5 mile trail. P&Z has approved it. One area is on State land, he has approval from the State. The Corps hoe okayed wetlands use. He hoe materials to mark and clear the land. No needs Council approval. It will cross frozen wetlands. Councilman Ackerly asked if it could be used for jogging after winter. Mr. Van Suakirk.replied it would be in Water. He to hoping to mark it for future use. MOTIONS Councilman Ackerly moved, seconded by Councilman Measles, to approve Mr. Van Buskirk's ski trail proposal. Motion passed unanimously by coil call vote. Councilman Hall asked to commend Mr. Van Buskirk on the project. He so aware of how much time and effort to involved. I C. PUBLIC HEARINGS C-1 Ordinance 863-85 - Amending Kenai Municipal Code - Utility Locations in City Right of Ways MOTION- Counetlmen Measles moved, ascended by Councilman Ackerly, to adopt the ordinance. MOTION, Amcndmenti Councilman Ackerly moved, seconded by Councilwoman Bsiiie, to adopt the substitute ordinance as suggested by Council Instead of as suggested by Administration. MOTION, Additions Councilman Ackerly moved, with consent of second, to delete the 2nd page 7. PUBLIC COMMF.Nis Yvonne Hokkinon. She naked for a review of the amended ordinance. This wes done. VOTE, Amendments Motion passed unanimously by roll call vote. a. . i .. - ..—....._ - �I .. .... 0 KENAI CITY COUNCIL FEBRUARY 1, 19R4 Page 5 VQ.MBfilftrl'� Main Motion an Amendeds Motion pansed unanimously by roll call vote. C-2 Ordinance 891-83 - Amending KMC - Final Inspection Requirements, Building Code MOTION, Postponements Councilmen Ackerly moved, seconded by Councilwomen Rollie, to postpone action on the ordinance till Feb. 15, 1984. NOTION, Withdrawals Councilman Ackerly moved, with consent of second, to withdraw his motion. MOTIONi Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. MOTION, Amendments Councilman Measles moved, seconded by Councilman Ackerly, to amend the motion by replacing the ordinance as introduced to that one as recommended by P6Z Commission. Motion passed by unanimous consent. Councilwoman Bailie suggested something to distinguish between commercial and residential buildings and a fine for infringment to be extremely substantial. MOTION, Postponements Councilmen Measles moved, seconded by Councilman Ackerly, to postpone action on the ordinance till Feb. 15, 1984 meeting. Councilman Hall asked that the home builders be invited to the P&Z meeting of Feb. 8 to discuss this item. VOTE, Postponements Motion passed unanimously by roll call vote. C-3 Ordinance 913-84 - Amending KMC - Add Consent Agenda MOTION: Councilman Measles moved, seconded by Councilman Ackerly, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-4 Resolution 84-8 - Transfer of Funds - Noise Reduction Matertal, Gym - $17,860 MOTION$ Counetlwomnn 00tlte moved, seconded by Councilinnn Measles, to adopt the resolution. Motion panned by unnn:muun ronnent. N -1 n ` -- - _ _ - -- •IY�fieilit�i KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 6 C-5 Resolution 04-9 - Transfer of Funds - Overtime, Animal Control Budget - $1,250 MOTIONi Councilman Measles moved, seconded by Councilwoman Sallie, to adopt the resolution. Motion passed by unanimous consent. C-6 Resolution 84-10 - Transfer of funds - Adjustment, Senior Citizen Grant - $7,145 MOTIONS Councilmen Ackerly moved, seconded by Councilwoman Bailie, to adopt the resolution. Motion passed by unanimous consent. C-7 Resolution 84-11 - Transfer of Funds - Engineering Services, Float Plane Basin - $4,592 MOTION► Councilman Ackerly moved, seconded by Councilmen Meaelea, to adopt the resolution. Motion passed by unanimous consent. C-8 Resolution 84-12 - Transfer of Funds - Building Inspector Seminar - $1,100 MOTIONS Councilman Ackerly moved, seconded by Councilwomen Bailie, to adopt the resolution. Motion passed by unanimous consent. C-9 Resolution 84-13 - Awarding feasibility Study for Float Plane Basin - Wince, Corthell A Bryson MOTIONS Councilman Measles moved, seconded by Councilmen Ackerly, to adopt the resolution. PUBLIC COMMENTS a. Bill Thompson. He to in favor of the resolution. There are a lot of people who have planes in the City who have a terrible time getting floats removed in the Spring and Fell, and have to travel to other parts of the Borough. They have to have a wide -load permit to travel, it is an inconvenience. Motion passed unanimously by roll call vote. C-10 Resnlution 64-14 - Renolution to Legislature in Support of Royalty Oil Contract to Tegoro MOTIONS i Councilwoman Bailie moved, necandod by Councilman Ackerly, to adopt the resolution. Councilman Ackerly acted, sifter today's action, it may nol he strong enough. Heyor Wagoner noted Atty. Rogers took copies of the unsignad resolution to the Legislature. The 1 { 1 I KENAI CITY COUNCIL FEBRUARY 1, 1904 Page 1 bill lion been referred back to the Finance Committee. Councilman Measles asked to abotatn, he to employed by Tenors, non of the firma involved. Motion poeand unanimously by roll call vote, with Councilman Measles abstaining. C-11 Application for Liquor License - Beverage Dispensary - Rainbow Bar & Grill Clerk Whelan explained, the Rainbow Bar had requested a 30 day extension. They have not paid their past due taxes yet, but hope to have them current by Feb. 3. She requested Council recommend approval contingent on payment in full of overdue taxes by Feb. 3. NOTIONt Councilman Moaoloo moved, seconded by Councilwoman Bailie, that a totter of non -objection be sent to ABC with conditions that the outatendtng taxes owed be brought current by Friday night (2-3-84) at close of Borough work day. A letter of objection wilt be sent if the money is not received. Motion passed unanimously by roll call vote. C-14 Application for Liquor License - Beverage Dispensary, Tourism - Harbor View Restaurant Clark Whelan said they have requested s 30 day extension. NOTION$ Councilwomen Bailie moved, seconded by Councilman Moesloo, to allow a 30 day extension to get their tax payment& in order and discuss on Feb. 15, 1984. Notion passed unanimously by roll call vote. D. MINUTES Approved under the consent agenda. E. CORRESPONDENCE None F. OLD BUSINESS F-1 Recreation Center Fees Recreation Director MnGllliveoy explained this was to be brought back to Council at this time. He has boon talking with a representative of Kenai Fitness Center and will meet again on Feb. 3, 1984. Ha would like to come back to Council an Feb. 15 with recommendattnna. Council agreed to the request.. 0. NEW BUSINESS G-3 Ordinance 914-84 - Amending K14C, Public Vehtcle Comminnton MOTIONS Councilman Measles moved, secanifed by Councilwoman Batlie, to introduce the ordinance. Motion passed by unanimous consent. q R � r� , IiMttmrr igmiRl`isiG�iwii.�� —F.rile _— KENAI CITY COUNCIL FEBRUARY 1, 1904 Paqe a Mayor Wagoner noted there were some requests to speak on the ordinances it wad not included on the Consent Agenda. No one appeared to speak, postponement of public hearing can be proposed at the Feb. 15 meeting. G-8 Approval -Increase in EngineorinInspection - Airport Ramp and Itinerant Aircraft Perking L,304.17 Public Works Director Kornelte explained, when they cut into the asphalt they found unsuitable material underneath. This to to do sell Inspection tooting to determine if we have to go farther in excavating. It will be paved next year. If this in correct, there will be additional coat. Councilwoman Battle asked, is this in addition to what they bid on? Mr. Kornelie replied, Mike Teuriatnen inspected and found bad material. It woe dug up and replaced with sand. Di g the process, we changed to Profouniunal Design Aeauc. """ — Wen the contractor wee digging we found silt farther than anticipated. We could not dig because it would close the ramp and it woo too cold. Mayor Wagoner naked, how long has it been paved over. Airport Manager Swalley replied, since 1964. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the additional testing. Mayor Wagoner said If there to not depression there, it would be okay. Councilman Ackerly noted 20 years seems a "safe shot." Mr. Swalley said there to a depression there from the "Norco." That area has been oinking since 1976. That is the area they re -did already. VOTE (failed)s Yest Measles, Ackerly, Nall Not Monfor, Wagoner, Bailie A tie vote falls. G-10 Lease Application - Basin View Development, Ron Dolchok - CIIAP S/D MOTIONS Councilman Ackerly moved, seconded by Councilman Massless to approve the loans application. Councilmen Ackerly asked if it was approved by P&Z. Land Manager L abehn replied yea, the only amendment was beginning and proposed completion dates be changed to June 1, 1984 and Nov. 30, 1984. MOTION, Amendments Councilman Messina moved, seconded by Councilman Ackerly, to amend tho leans application as recommended by Land Manager Labahn. VOTE, Amendments Motion pe000d unanimously by roll call vote. VOTE, Main Mot ton as Amundedt Motion passed unanimounly by roll cell vote. Land Manager Labahn was asked to notify tor. Dolchok. i 1 00) 7. .ts..., ' �.-a::.:r+.:ti�.rt�r;r, .• r. yt.'ra.:3.?=+d KENAI CITY COUNCIL FEBRUARY 1, 1904 Page 9 G-11 Discussion - Uptown Motel Easement Land Manager Labahn explained the looses requested vacation of a email sewer line easement by 5 inches. They came to Administration and were told to go through the Borough firat. Thu Borough approved. Council must make a decision. They have 30 days. In the interim, P&Z reviewed the request, they recommended grenttnq the easement subject to 5 ft. easement on the opposite aide, and the City to go on record of eseuming no liability. There wee a separate motion to have Administration pursue applying fines. Mayor Wagoner asked if there is an addition planned. Mr. Labahn replied yea, but it would be to the east. Mayor Wagoner said, no matter what the decision, this should be discussed with the lease holder when 6 if construction takes place. He is actually 4 ft. over, with the stairs. He should change exits. Councilman Ackerly asked if there was any kind of attachment or inclusion that could be put in the - deed to clarify this for posterity. Mr. Labahn explained, -• there are 2 ieaueat if Council approves, the lessee will have to emend the plat. That does not address liability. That will have to be done with the owner and City. Councilman Ackerly naked if we would have to tear up to work on the sewers. Mr. Lebahn replied, it is possible There could be damage to the structure. He noted the developer i had 35 ft. of room on the north aide in which to operate. Councilman Measles said it to hard to understand how he could build a buildtng of that size and not know where he to building. Everyone was aware of where the sewer lines were, they had to tie in. If that line has to be dug up, chances are good there will be damage to the building. Ha asked if w Council could have additional time. Mr. Lebahn replied, it to in Alaska statutes. Councilmen Measles said he would like to have Atty. Rogers see what provisions could be put on the title to guarantee no liability to the City. Mayor Wagoner said all we approve in this to 5 inches. There to much more. His financing is tied up to this being cleared up. it also has to do with purchase of the next property. Mr. Lebahn said this to leaned land, the property adjoining j to purchased. Councilman Ackerly asked if it had to go back ; to the Borough if we do not approve. Mr. Labahn replied the only recourse is the courts. Mayor Wagoner asked if the sewer line wee in the middle of the easement. Public Works Director Korneite replied, pretty close. It to about 15 ft. deep. Councilman Measles noted in the Petition to Vacate, he lists himself as owner. Lend Manager Labahn said he will correct that. Councilman Measles naked for Atty. Rogers' opinion to eliminate liability. Councilman Hail asked if the line was a main line. Mr. Labahn repl►ed yes, everything east of town to on this. MOTIONS Councilman Ackarly moved, seconded by Councilman Measles, to approve partial vacation of utility easement in the Uptown _. Motel. VOTE (Failed)t Yest Wagoner, Hall Not Meaolua, Monfor, Ackarly, Bailie G-12 Otaction ion - Section 36 Corridor Concept Bruce Robson, McLane h Assoc.. Inc. He had a meettnq with PAZ and Council for final road lay nuts. There were 4 concepts reviewed. He gave his prefertince. This to the final plan. They have eliminated the front roads and moved the road closer to the bluff. Moat of it to the same. They t i c I � � ..w.,y„w!l.Y lY l."S!.'.4'f+'.•h'.{!a:L''Y'}1 sly. _ id l ..e+xe#!r,:e+SttJ• {?iy'�•:�ra�'t�: "ets��"K7►:�A KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 10 deleted the look -out park. They will submit to Borough for preliminary plan. It will be reviewed at the next City P&Z meeting and come back to Council Feb. 15. They have maintained the 80 ft. right-of-way. They will need a name for the area. Mayor Wagoner naked, how many parcels can that be broken down for sale? Me. Robson replied, that is up to the City. Councilmen Ackerly suggested a buffer strip of trees in the center. MOTIONt Councilman Ackerly moved, seconded by Councilman Measles, to direct McLane & Assoc. to prepare 2-s for preliminary plot to be submitted to Borough P&Z. Councilman Hall noted 150 ft. lots are large in this day. Whet do they average? Mr. Robson replied, between 70 ft. and 90 ft. Motion passed unanimously by toll call vote. Mayor Wagoner noted it wan discussed at lest meeting to set a firm date and have Administration start advertising. Land Manager Labahn said this is in the memo. Mayor Wagoner asked of the time schedule. Mr. Labohn replied, it will go to Borough P&Z, then to Kenai P&Z, then to Council, then back to Borough P&Z. The plat can be filed and brought to Borough for administrative review. About the and of March. Other things the City must deal with are utilities, extended mein line, covenants, what property for sale. !^ MOTIONt Councilmen Ackerly moved, seconded by Councilwoman Monfor, that a brochure be prepared for the City by Lend Manager Labohn to oversees a. tract size b. Pictures of preliminary plat C. Street plan d. Financing e. Water & sewer plan f. Type of dwelling g. Where to find zoning regulations Is. Covenants and anything pertinent. Councilman Ackerly.suggested it be like the Capital Improvement Pea'sets brochure. It should be ready by mid -April. Councilman Hall said, regarding the type of dwelling. The size is double the size of Woodland. We will have to put everything in there. If we pre -zone it might change sales. Councilman Ackerly explained he put that in to avoid a conflict like Redoubt. Mr. Labohn said according to the zoning coda, it is strictly residential, up through 6-plexes. Townhousen or planned unit development would have to come to City for a conditional use permit. Mayor Wagoner sold it may be developed this year, but no buildings. Mutton passed unanimously by roll call vote. MOTIONS Councilman Ackerly moved, seconded by Councilmen flail, for the sale of Section 36 to bet a 2 month adverttsing period to be May 1 to June 30, with a vale data of July 1. Notion passed unanimously by roll call vote. r' - —= 7— _- , M KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 11 C-14 Assignment of Lease - Faroe Enterprises to Navarre . Ateyooka S/D MOTIONt Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the assignment. Motion passed unanimously by roll call vote. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD Council agreed to move item I up on the agenda before item H, Reports. 9. Donald Noble. Mr. Noble distributed a letter of intent to purchase land in CIIAP. He explained Mr. Hendrickson will give up his lease to the City. He asked Mr. Hendrickson to tranefer to him. Administration avid he could not do that. It was suggested he purchase the land, that to whet he to requesting. They made the $500 payment. He understands that now there is someone who put an application in for lease. He wee told the lessee would have preference over the buyer. He read in the agreement that if 2 Leonean request it, it would be the let lessee. He to not into noted in leasing. Councilman Ackerly asked if he would be opposed to competitive bid. Mr. Noble replied no, he would have the option to match the highest bid. It would be more money for the City in the long run. Mayor Wagoner said he did not think the City could take a lease or purchase on land that is leaned to another individual. Mr. Hendrickson hoe not completed the paper work to cancel. Land Manager Labehn said we are going through the cancellation process. These 2 individuals were advised their application would not be considered till the termination was complete. It is City policy to sell if at all possible. MOTIONt Councilman Measles moved, seconded by Councilwoman Bailie, , to draw up an amendment to the land ordinance that any time there is a situation that prior to lease consummation, a purchase offer comes in, it takes precedence. f- wwV.a.• aQ r�0. vt Councilman Ackerly ouggeotedyif we grant Mr. Noble's request, we are not open to a low suit. 04r. Labehn noted the ordinance for introduction woo to find city owned lands for public purposes. Some are on property the City to terminating lease lands. Technically, till the ordinance is approved, Council is bound not to dispose of property. Also, there to concern becnune of the airport parking project. We will have to use City property for parking till thin is complete. Mayor Wagoner stated he did not think Council would lose a sale for parktnq. There is other property. Councilwoman Monfor asked if the Hendrickoon property is in the lenses listed in the ordinance. Mr. Lobahn replied yes. Atty. Rogers will have to define if the lease or purchase applications are valid. Airport Manager Swalley sold lie and Engineer LaShot have made a survey of the parking aitualion at the airport, there will be a problem. they have put nigns there to notify people of the construction. Mayor Wagoner asked Administration to hring options to the next Council meeting. Motion passed itnan►,nnusly by roll call vote. 13 KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 12 H. REPORTS H-1 City Manager Mayor Wagoner reported that City Manager Brighton was doing much better after his surgery. H-2 Mayor Mayor Wagoner spoke. a. Councilmen Measles hoe asked to resign his position ea ad hoc member of the Library Commission. die ' %O- OdMOr" recommended Councilwomen Monfor to replace him. Council agreed to the suggestion. b. Mayor Weqoner requested a joint Harbor Commission/Council work session on Feb. 21, 1984 at 70O PM, to review the harbor proposal and decisions on what the Harbor Commission will pursue now. Clerk Whelan was asked to remind Council. C. He would like to discuss what the City will be doing with the airport terminal requests - gift shop, bar, teller machines, fishing guides, etc. He asked that Airport Manager Swelley and Administration have a report for the Feb. 15 meeting. He noted the situation with the bar is closed till the bankruptcy proceedings are complete. d. There is an opening an the PAZ Commission. Mayor Wagoner recommended Dick Carignan. MOTIONS Councilman Measles moved, seconded by Councilwoman Monfor, to confirm the appointment of Dick Carignan to PAZ. Motion passed unanimously by roll call vote. e. Regarding the income from sale of City Lando, excluding airport lands. Finance Director Brown said the Code soya the funds go to the General Fund Capital Improvement Reserve. Mayor Wagoner suggested a charter amendment to designate the income to go into an account that would accrue principal and interest from land sales, then only interest would be used for operating coats. We have a chance to put something into the bank for contingency revenue or to build for the future. We would have a perpetual income that would give us a low mill rate for a long time. It has been said the Legislature would look herd at this. What we do to our business. Councilwoman Monfor said it was a good drawing point to live in Kenai, we are actually doing something for down the road. Mayor Wagoner said it puts control into the hands of the people. Councilman Hail asked if there was a lot of land outside of airport lands. Land Manager Labohn replied. it is pretty limited. A lot is wetlands. Clerk Whelan and Finance Director Brown were naked to work out the timing on a charter amendment. � �..... � . u..•- ram.--��- ��.. I' l _ 1 ' J .r - ._... .. Z_. .- - _.f• 4 -1..�--fiat-. t. ..�w.�—. s-sH_'. 06 KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 13 H-4 Clerk Clerk Whelan spoke. e. There was a telephone poll in the packet regarding approval of purchase of parts for a Grader in the amount of $3,741.23. 5 Councilman voted approval, 2 could not be reached. MOTIONs Councilmen Ackorly moved, seconded by Councilman Measles, to approve the telephone poll as submitted. Motion passed by unanimous consent. __.. b. Clerk Whelan explained the packets are done by the - __- People -Count person. We have had numerous women hired - - _ and re-trained under this program. One of their duties ' — is to compile packet material. This explains the problems with the material as distributed. H-5 Finance Director Finance Director grown explained the audit proposals, as • --�;+i,rac:�a,;;•y a.i�;y;,; distributed this date. The proposals are for a 3 year j period. t ' - HOT IONS Councilmen Ackerly moved, seconded by Councilmen Measles, to " - recommend Peat, Marwick h Mitchell for the next 3 year audit. Motion passed unanimously by roll call vote. H-B Planning 8 Zoning None ' H-7 Harbor Commission a. Councilmen Ackerly reminded Council of the work session on Feb. 21. E -- b. Mayor Wagoner noted Council had asked Administration to contact Homer regarding the problems between the City of Homer and TAMS. He felt this woe getting into a t situation that is not good. He asked Administration to �y cancel the request. Council agreed to the action. - H-8 Recreation Commission Recreation Director McGillivray said he had a request from ARCO to fly a flag regarding the Olympics games. Mayor Wagoner said he had requested the Chamber of Commerce to locate a upot for thin one and any others we may acquire. Council agreed to the action. Recreation Director McGillivray was asked to contact Sue .:.: Carter. 1 . , R, it f f I I P • 6 4 i� it i KENAI CITY COUNCIL FEBRUARY 1, 1984 Page 14 H.9 Library Commission a. Librarian UeForest noted the Library Comm. will be meeting the same night as the Harbor Comm./Council work session. Clock Whelan explained she will take minutes of one of the meetings. b. Librarian Deforest noted Chairman Dye has resigned from the Commission. She expressed the appreciation of the Library Comm. and the Library for hie work. ADDITIONAL ITEMSi a. Mayor Wagoner noted Commissioner Hanson has resigned from the Recreation Commission. b. Councilman Measles gave notice he would be missing the Feb. 15 meeting. ADJOURNMENTS Meeting adjourned at 1105 PM. l Janet Whelan City Clerk r f t rT i RECREATION CENTER FEES Racquetball Area: $10.00 per hour -prime time-6,7 a.m., 4,5,6,7,8,& 9 p.m. Mon. -Fri. and all hours Sat. and Sun. $8.00 per hour- non -prime time- 8 a.m. through 3 p.m. Mon. -Fri. $6.00 per hour -in effect at all times for Senior Citizens and students eighteen and under. . Above fees include use of shower, sauna and/or hot tub, with towels furnished. $3.00 per use -sauna and/or hot tub, towel furnished. /A $2 0 per use -weight rood -users will dress and shower i in gymnasium locker rooms, and furnish own towel. High school and Jr. high studettes. with valid i.d. will not be charged in weight room. $1.00 each -to% -.el Fee for those not furnishing their own. Cvrntasium Area: Recreational use only. Open gym -no charge (with valid gym pass)?-aomiva.L.- Itental-I?xercise cl.a:;se:;, etc.-$10.00 per hour minimum, up to twenty per:;ons; over twenty persons is extra 501.1 per per:;on per hour. Kenai fhtgh, ,jr. htgh, and grade) Schools- no char};e for gyla u:;e. mootEily, racquetball area. :a,1nthly, rite quethaEI area. rentals in -ym arca, as those are k-ept :o:• .iun users. r r a 0 CITY or. KENAI se, FNn11 AI.W;►.A 91)(A I PNONC (0011 203.7539 February 13, 1904 Robert T. Bielefeld, d/b/a Kenai Aviation P. 0. Box 46 Kenai, Alaska 99611 RE: FBO Subdivision, North Addition Door Fir. 8ielerelds The City of Kenai previously sent you a lease agreement for execution for the above referenced lot which was to be effective October 15, 1983. You recently stated that you would execute the lease agreement if the initiation date was modified to February 11 1984. However) the Kenai Municipal Code states that the initiation date of the, lease agreement must be no more than six months from the dale of appraisal. Since the appraisal date was May 2, 1983, the City proposes an initiation date of November 1, 1983. The enclosed lease agreement has been amended to reflect this change. Please sign and return the amended lease agreement to the City. it the City has not entered into this lease agreement within 2 weeks or this'letLer, the City Administration will recommend to the City Council LhaL this lease not be entered into. Sincerely, Wm. J: Briglitoti City Hanager WJB/4h 0 - 21.1n.nsla-z1.1a.1oo i � 21.10.080 forms of Leanos All lanun:3 ahnll be a pproved by the City Council baron: ttie same, aba)i become effective. The term of any given lotion shall depend upon the durability of the proposed use, the amount of investment in improvement proposed and made, and the nature of the improvement proposed with respect to durability and time required to amortize the proposed invest- ment. (Ords 258, 531) 21.10.090 Appraisals No land shall be leased, or a renewal lease issued, unless .the same has been appraised within a six j month period prior to the date fixed for beginning of the term of the lease or renewal lease. No land shall be leased for less ' than the approved appraised annual rental. Appraisals shall i reflect the number and value of City services rendered the land in question. (Ords 258, 531) I 21.10.100 Annual Minimum Rentals (a) Annual minimum rentals shall be computecomputea from the approved appraised market :. value utilizing the method as described in KMC 21.10.130(a)(1) below. Annual minimum rental shall includes ; i (1) taxes pertaining to the leneehold interest of the E Lessee; { (2) sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is ' paid on a monthly or yearly basis; k '.; (3) all taxes and assessments levied in the future by t'he j City of Kenai, as if leasee, was considered the legal owner of record of the leased property; _. (4) interest at the rate of Mai per annum and 10% penalties ' of arty amount of money owed under this lease which is not paid on or before the date it becomes due; (5) all sales taxes due, on payments under this lease and to all sales taxes applicable to its operational k: (A) all special assessments for public improvements levied by the. City of Kenni, as if lesnsic were, considered legal owner of leaned properly. . (b) (Upon oxecsation of the leaso, the 1.andn demised become taxable to the extent of its lennehold interest and loasoe shall pay all rent property taxes levied upon such leasehold interest in those; 1sands and otiall pay any apr,r,inl auouusments and taxes as if he were the owner oaf said demiarad land. (c) Rent shall Ito paid annually In ndvaiice. Said payments shalt be prorultsrl to) conform with the City of' Kertai Is fiscal year - bRginr►inrl July 1 omit endinr1 Junn 30. if the, f?qutvnIent monthly payrnent .?+ccenorrs $'Lett, (lien the let.nste nhall have the option of --- rnahiroll paytotent n tin a tnr;nthly nr quarterly hosts. (nrdu 258, 531 ) 21-5 (Ctly of Kenai Supp. A23 - 7/ 20/113) i August 29, 1903 MEMORANDUM TOs File FROMs Jeff Labohn, Land Manager RE: Bob Bielefeld d/b/a kenai Aviation— Lease Airport Lands Adjacent to FAA Tower The following is a summary of the lease processing activity with the City Council and Planning and Zoning Commissions March 2, 1983s Mr. Bielefeld presented his request to Council to lease the airport lands adjacent to the FAA tower. Council consented to order an appraisal at City expense. (Appraisal ordered from Hillas on March 9). March 16, 1983: Council discussed the proposed concept lease. Mr. Bielefeld was advised to submit the required lease application to Planning and Zoning Commission for review. April 16, 19831 Planning and Zoning Commission reviewed the lease application submitted April 12 and unanimously recommended approval. July 30, 1983s Council approved the lease application at a "negotiated" rate proposed by the petitioner. Mr. Bielefeld agreed to construct• Willow Street extended in lieu of a lease rate at less than fair market value. He wan also advised to submit a more detailed development plan to be reviewed by .Planning and Zoning Commission and Council. August 3, 1983s Council clarified the intent of the negotiated lease rate. Council authorized the survey and.plal•ting of the proposed tract to be leased. August 17, 1983s Mr. Bielefeld submitted a revised development plan and phoning schedule for review by the Planning and Zoning Commission. JL/dg r 7, ! Z August 31 1983 CITY OF KENAI " Del (?a-ja l 4 4iaj4d" P.O. EOK 510 KENAI. ALASKA 99611 TELEPHONE 4E0 • 7535 MEMORANDUM 4E' Gol-VTV tlW' w TOs Kenai City Council �3 FROM: eff Labohn, Land Manager REs Bielefeld Lease Agreement The Council has consented to lease 5.51 acres of airport lands to Mr. Robert Bielefeld under the following termas (1) Lease rate of $.03/equare foot per annum (2) Cap provision of 509E rate increase applicable for first renegotiation period. (3) Requirement to hook up to municipal water and sewer utilities when available. The lessee has agreed to construct the needed portion of Willow Street extended in accordance with City gravel specifications at his own expense. This public road is to be maintained by the City. TtLe impact of a lease agreement executed subject to these terms, is described belows 1. Lease Rates The established fair market value (FMV) of the properly is $160,000 or $.70 per square foot. The lease rate of 6% of F14V yields a $.042 per square foot or $10#000 annual lease payment during the first five years. A negotiated lease rate of $.03 per square foot or $7,200 par annum will he generated given this reduced rate. The annual difference of $2,880 (for the first five years) must be contributed to the Airport Land Fund. This amount will increana during leans }rhara 6-10 if FMV escalates in excess of 50 0. 2. Cap Proviaiuns KMC 21.10.130 (b) provides that aeronautical related iiaes on airport landu be restricted to a 509E lease rate increase, for each renegotiation period until the 30th year aneiiveruary of the lease. Therefore, the cap will apply for five, not one, rellehnt iat ion periods. mil' 7 r r' In sum, the City will be required to assume financial liability i for the (1) difference botweon fair market value and the negotiated rate as well as (2) the shortfall in revenues resulting from the 509E cap provision. Administration Recommendations Propose a "modified" Isaac i agreement with the intent of eliminating the general fund contribution resulting from (1) above. Since Mr. Bielefeld will construct a portion of Willow Street ns a public roadway, this improvement constitutes the difference between the FMV and the negotiated rate. However, this differenco in value, if applied for the life of the lease, would place a substantial financial burden on the general fund. Therefore, administration recommends utilizing the 1983 FMV plus 509E (i.e., $15,120) as the base for 1 the second re -negotiation period. A comparison of the two approaches is shown below, assuming maximum rent escalation at each renegotiation periods Council Administration Lease Years Recommendation Recommendation -I 0-5 $ 7,200/yr $ 7,200/yr 6-10 10,800/yr 10,800/yr • f 11-15 16,200/yr 22,680/yr 16-20 24,300/yr 34,020/yr 21-25 369450/yr 51,030/yr 26-30 54,675/yr 76,545/yr 30+ FMV FMV } UL/dg i I i Y i ryasg ov CONSULTING ENGINEER wnv�ono-mmn Mike laurlawenlff- C January 27, 1984 Keith Kornelis Public Works Director City of Kenai Box 580 ; Kenai, Alaska 99611 Subjects Lawton, Tinker, Walkor, Rogers •�' '•:. ; Construction Administration Fee Keiths i As we discussed some time ago, the construction administration on this project exceeded our budget substantially. A number of factors contributed to this increased cost, most of which we believe would qualify for additional payment under the contract. 1. Our original proposal allowed for (5) 9 hour days/week: the contractor actually worked (6) 10s for the most part. The number of hours of field time required was substantially greater than allowed. The contractor did not finally, complete the work until September 2983 and our work was not completed until October 1963. (est., 2. The City increased the pay estimate frequency from one/month to two/month resulting in increased inspector and engineer time. (est. 01475) 3. The Curbing took considerably longer than anticipated and doubled the number of tests required. (est. 01180) 4. A number of change orders for additional work were executed and entailed considerable additional office and field time. (est. 05.E 1— 50) S. Additional survey work was required for change orders and higher Davis -Bacon rates were required. (est. 01500) The foregoing items total 013 8051 the actual overrun was 815,982.84. Attached is a final bill. is ppreeiate your consideration in this matter. Sincerely, *f1Lke&TautiaLnen ffr/dd/66 ' , J I i PAVICAlll (Mill $1,000.00 WlllCIl N1:I:u COUNCIL APPROVAL OR IIATIFicA' lei 2/1.9/114 , VRNI11111 III-ACI11III'IIIN 1'Itli.11:la'/UIiI�AIt'I'IiliN'I iAf:1I111N'I�t:11AlIC1a/, „-�,, AHI�IIIII' � i'n/l -� I'M AlIPPA)VALI 1 TAN:; 11nlSlnuurin►S CI'-IUtrbor Study Enllinaaring 10,485.00 ttichael Tauriulovit Alnpecttoon CP-Lawton, Walker tnopertion 23,'150./t9 Pronnnr Con++tructiun Pity Ent. 4 CI'-1nt 6 2nd Sto, cunstrise tloll 4,501.13 Nurtharn 'Punt Labe 11►1lpoceluns CP-Oy,n Inopaction 1,985.0f1 FOR RA•1't F ICAT I ON t UOylu'a Foul Oalwlina Shop Operating Suppliun 1,890.53 Varda Silent Alarm System Alarm Syntom Police Hnchinory 6 F.fptipmont 5,663.26 51/014 Blue Most February Had. lnouroneo Variouu Ilonith fonurnnce 16,857.32 Alasko Rapt. of Labor 4th quarter KSC Variant RISC 1,426.71 1'1:115 January Retirement Contribution Various Retirement 33,100.06 KUSGO January Natural Call Uanga Various Iltilitieo 4,160.35 Humor F,luctrlc Janunry Klectricity Unallo Varioun utilitloo 24,992.99 First Federal Sank REPO 1/31/64 Central Troaoury Central Tronoury 350,000.00 9.125% Int. � tiM i (10-%1 j HEIIIIIHITIttl)0 uVRR 01,000.00 WHICH NI1,1111 COUNCII, AI'Il1tml, 7/19/114 Vt:tJIM!Ia,�,_„r,R���__•,r, III:; n:iill'Y�tiR(_•,e,_,�•�w,� IIKI!All'IjIIN'1�,�,�•��� f1Y;1�I�P ��,�,,,,�„�,�.,,,.,,.•f�t�iiUN't'�„�fe, Cunnrml Cenotracliun I4aoa Nmnuvo) fb•rvlcoe- Ntrueta Repair 6 Fhtlntunnara 5,ow),fig VIP 6 Neavur Loop Ammo C'I't Ltbrory Nyutum,t Circulottun 1. Cnlnloll Computer 1111-Library Machinery 6 Kfptlpmnat 13,167.410 Ryetem through Ntnto Ilyntem L.N. Curtly 1,000 Vt. Fire flueu Fire Machinery A F.qulpment 1,640.fill JI'nnytn .141111Norinl Render Center Joniturlal January - Jamul 1904. CuA»RnraaµlJ .h1111wrial t,81p1,fig Oervlce Maotcr Vt. nanny clunninµ Vuhrunry - June, 1984 pert Kanay Profnnnional Nurvicoo 1,082.00 Timte Janitorial Airport Terminal Janitorial � -foe n Nerviron. pph. 17-Junu 30, 1984 Terminal Profonoionnl Norvicoa 18,195.70 / tl' •7 • 7 Control Contrectora Mator)ntn 6 Imbar to Inutn)1. Non -Departmental Repair 6 Maintallanee 4,030.110 0amparn to Contral Air through Air Ilmulilnµ Unit. Y' 1 TIT ,.: CITY OF KENAI 1" ) 1111. 11110 MAN, ALAOKA 00011 11►IONC (0071 203-7030 February 10, 1964 TO: Wm. J. Brighton, City Manager FROM: Howard Hackney, Building inspector SUBJECTS City Hall Heating There have been problems with the heating at.City Hall for a long time. in the winter with the air handling unit running, it hoe been too cold. We have tried to alleviate that by shutting off the roof exhaust fan and just running the fan in the air handling unit. When that did not work, we tried shutting the entire �1 ventilation system off. This created a stuffy, dead -air situation in the building. We tried running the fan in the air handling unit with the access door to the air handling unit open into the boiler room. This picked up burned gases from the boiler and wee unsatisfactory. We have tried operating the system by hand, turning it on when it got stuffy and off when it got too cold. This required someone to go to the boiler room to operate the main switch to the air handling unit which was not convenient and also unsatisfactory. Quite sometime ego, we had the engineer who designed the system in to look at it. He made a few adjustments and geld it was working OK, but nothing changed. In January of this year, we had Controls Contractors, who installed the controls on the system, check all the controls. They found several things not working properly and repaired or replaced them, which helped very much. They said that it would not work entirely satisfactory without dampers in the duct work to control the amount of cold air intake on a cold day. Basically, the dampers would allow all outside air in on a warm day and on colder days would adjust to allow leas outside air and more recirculated warm air flow through the system. Today, with the temperature about zero, the incoming air is so cold that the freeze seneor is activated and shuts the entire ventilating system down. When the air in the air handling unit J . l wsrma up sufficiently, the freeze control turns the oyatom back on until more cold air ie drawn in and everything: shuts off again. This modification would have no affect upon the problem of the ` building being too hot in the summer. i ®enidee the work done by Control Contractors and Miller Sheet Metal) it might be neceeaery to have come repair work done on the duct insulation and waterproofing if it is damaged by the installation of the dompora. HH/jet i . i . f i i , 1 — _ - _-.._./f. 0 Su(l(1u1sl1)d by: City Council CITY OF KENAI ORDINANCE NO. 904-JVO� AN ORDINANCE OF THE COUNCIL. OF THE CITY OF KENAI, ALASKA, ESTABLISHING TENANCY REQl1IRL•'MENTS IN T11E KENAI MUNICIPAL AIRi'ORT TERMINAL AS FOUND IN -THE KENAI MUNICIPAL CODE. WHEREAS, in an effort to provide funr.tionnl officieney and public safety and conventenca, the City doairea to adopt ratan raguluting tenancy in the Kenai Municipal Airport Terminal, and WHEREAS, the proaont Airport Rogulntionn do not addr000 tenancy requirement in the Kenai Municipal Airport Terminal. NOW, THEREFORE., RE IT ORDAINED 13Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Airport Rogulrstiona he amended by adding e now section as foilowns 14.000 Tenoncy__Requiremonto in Airport Terminals, g��lpa✓ 14.010. All tonnnto must OCCUPY such areots ne dtat(pod for" their specific type operation. 14.020. Each tenant airline muot occupy an area of not loss than 150 uquare feet ticket counter apace and 300 square fact of office. space and have diract accoso to the existing baggage build-up area. AirLinoa may share existing facilities under an approved leave-uublenue agrooment. 14.030. Car rental agoncieo must occupy an area of not Lunn thus 100 square feat and in an anon au 4e+)+gFts+i for that purporso . 400-tnj-o.0 14.040. All nthur eoncenoians/tennni-a nhnll operate in exioting d` +(Fi'W& fucilitien unlenn specific altarationu era approved by City Cu ilcil.,, 14.050. No temporssry fae#i-i-ir-}vrrs It bit installed nr aPOrated frsr a period Mt exc•ens of thirty (3il-y ap+yis withl)ut prior approval of City Council. r � Jy J t- - 14.060. Vonding machanen, newapapere and other publications shall be placed in accordance with Airport Manager inot ruction©. PASSED SY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 1984. ATTEST: Janet a an, i0ity -L17er OW WAGOW—H', MkYGR First Readings February 15, 1984 Second Readings March 7, 1984 EFFectivo Oates April 79 1984 J _` G-y Suggested by: Mayor Wagoner CITY OF KENAI ORDINANCE NO, 916-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 7.25.070 FOR THE PURPOSE OF RESTRICTING DISPOSITION OF THE PRINCIPAL PROCEEDS OF THE SALES OF CERTAIN CITY -OWNED • LANDS. WHEREAS, the City Council desires that principal proceeds from the sales of City -owned, non -trust lands be segregated in a special account from which monies may not be spent or appropriated, but rather invested, and WHEREAS, the City Council believes that the revenue earned on such an account will provide a stable source of funds to the City, and thereby help provide for stability in the City's tax levies for many years in the future. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 7.25.070 is hereby amended as follows: 7.25.070 Revenues from Interest and Sale of Non -Trust Lands (a) All LINTERESIJ revenues earned from Ci y inves - menu shall be recorded in the General Fund. Those [INTEREST] earnings derived from cash held in funds that are required by Federal or State statute or other appropriate authority to be stloeated to specific funds shall be transferred to those respective funds. Remaining (INTEREST] revenues [(EXCEPTING THOSE SUBJECT TO KMC 7.25.070(8) HEREIN)] shall be transferred first to General Obligation Debt Service Fui:ds in the amount of their respective annual debt service requirements, until such time that a fund's accumulated unreserved fund balance equals or exceeds it's remaining debt requirements. Any remaining [INTEREST] revenues are available to the General Fund, either for dedication to General Fund operations or for dedication to the General Fund Capital Improvement Reserve as provided by Council. (b) [THE PROCEEDS FROM THE SALE OF NON -TRUST LANDS, WHICH ARE LANDS OF THE CITY OTHER THAN THOSE LANDS RECEIVED ON FORECLOSURE Of SPECIAL ASSESSMENTS (EXCEPT AS PROVIDED HEREIN), OR ON FORECLOSURL FOR TAXES, OR THOSE. LANDS HELD IN TRUST BY THE CITY UNDER THE TERMS OF THE CONVEYANCE THEREOF TO THE CITY, AND ANY INCOME RECEIVED FROM THE INVESTMENT OF SUCH PROCEEDS ARE HEREBY DEDICATED TO THE GENERAL FUND CAPITAL IMPROVEMENT RESERVE..] 1 i j j ;; T — f (b) The principal proceeds from sales of City -owned, non -trust lands shell be recorded in a separate City account. Monies in this account ma not be spent or ' al2proeriated but rather invested. Revenues earns on monies in this account maZ be used for anX lawful purpose. For his eurposet non -trust lands are defined as lands owned b he Cit other than landa'hold in trust by the City under the terma of conveyance thereof to the City. Proceeds from sa es or lands received on foreclosure For speciaY assess - men s or for taxes shall rs a reduced y necessary amounts for payments of such assessments, taxes, and related cos s. PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 1984. -.TOM WAGONERO MAYOR ATTESTS Janet Whelan, City Clerk First Readings February 15, 1984 Second Readings March 7, 1984 Effective Oates April 7, 1984 ( 71 . rL i j i -_ _ a G-5 Suggested by: Council CITY OF KENAI ORDINANCE NO. 917-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 21.10.060 TO GIVE PREFERENCE TO PURCHASE APPLICATIONS OVER LEASE APPLICATIONS UNDER SPECIFIED CONDITIONS. WHEREAS, the Kenai City Council desires to sell city -owned real property which has been authorized for such disposal, and WHEREAS, there have been situations in which applications For lease and sal'b have been submitted at approximately the same time, and WHEREAS, it is unlikely that a lease applicant will have invested considerable time, money, and effort into the development process prior to action by the Kenai Advisory Planning A Zoning Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: J Section 1: KMC 21.10.060(a) is amended as Follows: Applications shall be forwarded to the Advisory Planning and Zoning Commission upon receipt. The Advisory Planning and Zoning Commission shall normally consider applications for specific lands on a first -come, first - served basis if the Commission Finds that the application is complete and the use proposed in the application is the highest and best use and conforms to the Airport Master Plan and other goals set by the Commission or the City Council. Whore there is difficulty in obtaining a perfected application, details as to development plans, etc., or where the applicant Fails to comply with directions or requests of the Advisory Planning and Zoning Commission, and such priority will be lost. If an application for the purchase of city -owned lands' previousIX authorized for sale by the Council is receiver )y the CitZ prior to the Kenill AdVISOry P annin and Zoilliocl Commission making an affirmative or fi o ve recnmmorldni ion to the Council reenrd:ncl the lenule nepl cal ion for the same propartX, sn i d purchase request -mull take cecedrince over the lease npp icalian which shall be held in aieyanee by the Commission. _ { '77 ---- -- MOM Ordinance 917-84 r"} i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 1984. TOP WAGONERr MAYOR j ATTESTS II iJanet Whelan, City Clerk First Readings February 15, 1984 Second Readings March 7, 1984 Effective Dates April 7, 1984 �.. Z I, F� 1 f: i A 1� i 1 G -(a Suggested by: City Clerk CITY OF KENAI ORDINANCE NO. 918 -84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 2.10, ALCOHOLIC BEVERAGES, TRANSFER OF LIQUOR LICENSE. WHEREAS, the City's function is purely advisory to the State, and WHEREAS, there appears to be no necessity to hold mandatory public hearings in all cases, and WHEREAS, the desire has been expressed that this be on the consent agenda. This is not possible under current requirements, and WHEREAS, Administration feels discretionary language would be more appropriate. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: KMC 2.10.010 is amended as follows: Public Hearin : 4 It is determined to be in the public Interestto thoroughly nvestigate and review all applications for the transfer or issuance of liquor licenses and of the premises involved, therefore public hearing mad [SHALL] be held prior to any City C u it approval of transfer or issuance of such licenses and establishments. Said public hearing shall he held by the City Council of the City of Kenai, Alaska, at its regular meeting times or such other spacial hearing date as may be convenient to all parties concerned. Such public hearings shall be publicly advertised In a newspaper of general circulation at least once prior to the holding of the public hearing, and notice thereof shall be posted on the City Council bulletin board, and such other notice as may be directed by the City Council. Suction 2: KMC 2.10.020 is amended as Foltowa: Police to Investigate: [SINCE. LIQUOR LICENSE TRANSFER OR ISSUANCES HAVE HISFORICALLY BEEN INVESIIGAIED BY POLICE OFFICIALS, THEREFORE,] a police investigation of the �J 1 a N remiaes and application for transfer or issuance mLaX SHALL] be conducted prior to the public hearing for the proposed transfer or issuance. Section 3s KMC 2.10.030(a) is amended as follows: Hearing Standardss (a) A [THE] hearing pursuant to [REQU R D BYJ this Code shall inquire into the manner of conduct of the premises licensed for liquor dispensary operation and the Council may establish standards for the Individual licensee in question, to be incorporated into a { resolution, with respect to the premises which are the i subject of the hearing in question to include, but neces- sarily be limited to, the following: " PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of March, 1984. TOM WAGONER, MAYOR ATTESTS - r i Janet Whelan, City Clerk;. W First Readings February 159 1984 Second Readings March 7, 1984 " Effective Dates April 79 1984 w 2 Ij Q 67 Suggested by: Administration 1 CITY OF KENAI ORDINANCE NO. 919-84 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, FINDING I THA( CERTAIN CITY -OWNED LANDS ARE NOT REQUIRED FOR A PUBLIC PURPOSE. WHEREAS, KMC 22.05.010, .030, and .050 requires that the Council shall determine whether certain City -owned properties are needed - for a public purpose, and WHEREAS, the disposition or sale of such lands shall be made only upon finding that said property is not needed for a public - purpose, and - WHEREAS, an application for purchase has been received by the City for a specific tract previously dedicated for park and recreation use, and WHEREAS, the Kenai Advisory Parks h Recreation Commission later recommended that this property was not needed for park and recreational purposes, and o WHEREAS, this City -owned tract was subdivided for the sole purpose of disposition or sale to interested parties. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF I KENAI, ALASKA, as followes I i Section 1s The described City -owned land is not needed for e public purpose And is available for lease or sales Tract A, Park View Subdivision -=, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day 14 of March, 1984. 01 WAGONER, MAYO i ATTEST: } !Janet :the an, City Cler First Reading: February 15, 1984 t Second Readings March 7, 1984 Effective Date: April 7, 1984 7 Tr ------ qvw— :v PARK VIEW 5UYpIVISION IMAM# Nlfmiv ft.t Ac Lors ist?, a 1412-107, /ALL WIMIN Mr NC1141 Sees, of 17 as CA. P-m- /Yet to tw cot N u*v rqAVr IF' t—v I zk c 1 59 17 \4 LQ L-� tj IN' "VgO. 'to, Olt- eL;Tc- V- N" -1. N♦Z n 1%, %% % gy ZZ %% %%%% %%% % %%%%%%%%%%% It .I - - " -,I-, .7;Z . . , 7 !1r I Y-�, 1-4 WIt of 9141"1 "Of 0, 91 fit elf. A-C--T va v-- -A,—O Vic w "Onosliw • to. Olt. •V• Rl?,3CXTICH NO. 67-.AR CITY Or. KAIII :MACt.TINO THE U«ia CF 86.79 �.CRT.;5 CF Ll.N:, R"C...IVLi FRL,M THL $T:,'l (F ...+iwtt:; BY , i.` i;NT WC. 523, I,..Tlr:j JUNL 19, 1967, TO .i,RK -XI, U:�u. bH:�RL..S, the City of Kenai, •►1as ca, has received . atent No. 523 from the State of *.ln s ka, and WH:;R:::.S, thu City of Kenai, :.laska, has recoivod a grant offer from the 1,epartment of Hitural Rosoursos representing the 3ureau of Cutdoor Roerwitied, and V'H"H; i.3, it is the desire of the City Council of the City of Kenai to construct a permanent parse and recreation facility on the abovedescribed lands. j I1 THLREFORF, BE IT RL'SC LV�:. THY rH:; CITY coUI-IC IL GF TH U CITY C•F KE I:,I , ::.:►SIG; , TIV.T . I I 1. The Use of the Lands .,escribed and convoyed in patent No.' 523 be and hereby are dedicated for :ark and Aocreation use. 2.• T'ho value of the abovomontioned land Las been determined to be $43400.00. .assed at Kenai', ••las!ta, this the 5th day of July, 1967. , • I r aes ortla 'L"I ff iiwil• - `r _ _ _ _ -- AUTHORIZED GAMES OF CHANCE AND SKILL Return to: n 6Z�282930\ PERMIT APPLICATION C�:'`y Calendar Yoar Alaska Department o evanue T, w �'i �• t ' Games of Chance or Skill e 4 FF 6: $20.00 due with application; 1 Pouch 8 `W Ti' Jq Juneau, Alaska g9S110400 Njge4 41 ` 1 % of entire not proceeds )1. due with Annual Financial Statement, INBTNUCTIONB r airy h �p 1. Complete foureoplesofthis IeallolkAdditionblforms may be organization requesting coverage may be on affiliated or associated organization. obtained from the address above, of by Department of Revenue field office. 91 gl q16 ..;- The applicant must be a qualifying organization covered under a. Submit the Original to the Alaska ment of Revenue. Chapter 15, Regulations for Authorized Games of Chance and Skill b. Submit two copies to the nearest city or borough office for their as described below. consideration. C. Retain one copy for your records, a. "Qualified organization" means a bona fide civic or service 2. The permit feeof $20.00 must accompany the original application. organization or a bona fide religious, charitable, fraternal, labor, Political or educational organization, police or fire department compan dog This fee is not refundable, , mushers association, fishing derby association, nonprofit trade association, or outboard in 3. New applicants moat submit: a cerlltled true copies of articles of Incorporation or, if not Incor motor association the state, which operates without profits to Its members, which has been In existence continually for a period of five years Immediate• ly before the Inakrig of an appplication for a and which has porated, copies of bylaws and national and state charterer permit, at least 25 members. Qualified organizations may be firms, cor• b, current (1st of 25 Alaska members; and porations, companies, associations or partnerships. c. if appllOable, Dopy of IRS certificate of tax exemption Issued to non-profit organizations. b, "Qualified organization which operates without profits to Its members" means that no part of the net earnings of the organize. 4. Renewal applicants must submit a current membership list and a lion shall Inure to the benefit of any private shareholder or COPY of any amendments to their bylaws, Individual. Upon approval of the application by the Department, a permit will be o• A certificate or letter of tax exemption Isssued by the Internal Revenue Service Is evidence That the organization qualiflee under Issued for that calendar year. Activities may not be conducted until (b) above. an annual permit has been Issued. The activity or activities author. Ized under the permit may be conducted during the entire calendar EXPENSES. Only ordinary, necessary and reasonable expenses may year, rnless the permit Is suspended or revoked by the Department. be Incurred for the conducting of authorized games of chance and Each Organization conducting activities must secure an Individual skill. Authorized expenses are charges, fees and deductions which are reasonable and necessary to the operation of the activity as permit. A blanket permit shall not be Issued to an organization to stated on the permit. Unauthorized expenses are those not directly cover activities conducted by other organizations, whether or not the related to the operation of the games and they cannot be deducted. Name of Organization Name of National Organization (If applicable) Mailing Address Headquarters Melling Address City, State, zip code City, State, Zip Code All off c n must a current, bone fide members In good standing. Nantes of Looalofflaers Title Daytime Phone Number i. f aw L. Itakett— d t 283-7092 2. 3. 4.1homas Petorkin Ho► this organization ever received a permit for authorized games Type of Organization. (Check the appropriate box. Refer to of chants and skill? AS 05.16.210 and 10 AAC 10SA14.100 for definitions.) Q YES Most Recent Permit Number- 83-325 ❑ 1. Municipality ❑ g. Police or Fire Department • ❑ 2, Civic or service and Company ❑ NO ❑ 3. Religious ❑ 10. Dog Mushers' Association Charitable ❑ 11. Political Is this organization4. organization recognized as a non-profit organization under the federal Income tax laws? ® S. Fraternal ❑ 12. Non-profit Trade ® YES Include a copy of IRS certificate, if not Association ❑ S. Educational ❑ 13. Fishing Derby Association ❑ NO previously submitted. ❑ T. veterans El14. Outboard Motor Cl 8. Labor Association How long has this organization been In existence? Organizedas: (Check the appropriate box.) 10 Yrs. 6 Months ❑ Corporation; ❑ Association; ❑ Partnership; ❑ Firm; ❑ Company torso Authorized dames of Chance and Skill Permit Aoolicatlon Ieontinuedl Types of Games to be Conducted. List types of gamoo by common name If other than those listed. See AS 05.15.180, AS 05.15.210' 15 AAC 105.110-.160. 1 ❑ 1. Bingo (NOTE: 61ngo 2. Raffles b Lotteries ❑ 4. Contests of Skill 'CJ ?.lee Classics games must not be held more than g occasions In a Calendar month with 2a. Pull -tabs ❑ 5. 000 Mushers, Contests ❑ S. Rein Classics no more than 35 games per ssaelon or aeries of ❑ 3. Monte Carlo ❑ 6. Fish Derbies ❑ g. Other (Please list) games.) Person In Charge of games (Must be a bona fide and active member of permittee organlzatlon) NOTE: The member In charge shall be present during the conduct of each of the specified activities Stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member In charge. Name Title Daytime Phone Number P(lm>fry I.M.W. Thgnsotk Chaiman-Board-of Tr stees 20- Alternate DEDICATION OF NET PROCEEDS The entire proceeds of the games shell•be devoted to and dis. bursed In accordance with Regulation 15 AAC 105.280 Use of Dedleated Net Proceeds. IS) 1 he dedlosted net proceeds given to a qualified organization may not be used to pap any portion for services rendered In con• nection with the sotivitles from which the funds were derived. Detallod (voords of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three years 1b) glsburssments for the promotion of the welfare and well- beiing of the membership means that a member may receive aselstsnos In the form of various charitable donations, which have coon approved by the organization's board of directors. Charitable projects which an -organization may sponsor Include education grants, training assistance or job counseling, food baskets, medical or health -Care assistance, charitable functions and dinners for the community, ate. The qualifications to receive the charitable donations must Include a requirement that all members of the organization within the community may qualify and receive the assistance. These payments may not be devoted to organizational parties, dinners or benefits, picnics, or social functions limited to members and their families. (0) Permittees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) uced exclusively for educational, olvlc, public, or religious purposes (such as hospitals, churches, senoole, government buildings, or community centers); or 12) turned over to an appropriate nonprofit organization which qualities as a tax-exempt organRatlon under the Internal Revenue Code, Section 501(Cu3), or to a local, state or federal government. in the space below, state the specific purposes for which the entire net proceeds are to be devoted and in what manner. Two College Scholarships to local students --Cash awards Cash Donations to the following National Organizationes Art Erhman Cancer Foundation, Max Baer Heart Fund, Jimmy Duarantee Crippled Children Fund, Golden Eagle Fund; Caah Donations. Senior Citizens and other bona -fide requests, such as Alaska Peace Officers Assn, and benefits for local citizens needing medical aid. ,• ; ;�VE� BY Cput=L n Estimated ..,,,Grose Receipts: S 20, 000. 00 We certify, under penalty of perjury, that all of the statements contained herein are true and correct to the best of our knowledge and belief. We futhercertify that none of the officers or members of our organization nor any person employed by this organization involved In the con• duct of games authorized by the requested permit have ever been convicted of a felony, a crime Involving moral turpitude, or violation of a municipal, state, or federal gambling law. We further Certify that we have delivered two copies of this application to the nearest city or borough office for review. Signature of Two Officers Required 04643 Dub aim 9 174 AUTHr1>ill� D GANIES U= CHANGE AND SKILL to: PERMIT APPLICATION Cn.ondar Year Oewsrurent of Revenue �,' � 3VJ/. t4-4 -. gages of Chance and Skill FEES: $20.0 due with applicatlon; or, T3 Pouch SA 1 %, of ontire not proceeds .;� ,� Juneau, A;aska 09811.0400 due with Annual Financial r„ r. c9 statoment. v INSTRUCTIONS organization requesting Co go rrt� tlq dn'�Ihlta d or a3icci3ter1 1. COmp'Ate fourcOplesof this application. Additional lormsmaybe org3nitatlon. obtamaJ from the address given above, or any Department of Revem a field office. i The applicant must be a g6alll jtn ,grr� Z� Ion covered under Authovlz `G As of Chance and Skill a. Submit the original to the Alaska Department of Revenue. Chapter 15, Regulations for as described below. b. Submit two copies to the nearest city or borough office for their t consideration. a. Retain one copy for your reaotds, a. "Qualified organization" means a bona fide civic or service organization or a bona fide religious, charitable, fraternal, labor, po itical or educational organization, police or fire department 2• The permit feeof $20,00 must accompany the original application. This fee Is company, dog mushera asuociation, fishing derby association. association In the not refundable, nonprofit trade association, or outboard motor state, •which operates without profits to Its members, which has 3. New applicants must submit: incorporation If not Incor• been In existence continually for a period of five' ears immediate ly before the making of an application for a permit. and which has an a, certified true copies of articles of or, porated, copies of bylaws and national and state charters; s. Zed" organizations at least 25 members. ne nizpaons mays o firms, COP b. current list of 28 Alaska members; and P 0. If applicable, copy of IRS certificate of tax exemption issued to b. "Qualified organization which o!,verstee w%thout profits to its non•prolit organizations. members" means that no part of the net earnings of the organiza• 4. Renewal applicants must submit a current membership list and a tion shall Inure to the benefit of any private shareholder or copy of any amendments to their bylaws. Individual. c. A certificate or letter of tax exemption issued by the Internal Upon approval of the application by the Department, a permit will be Revenue Service Is evidence that the organization qualifies under Issued tot that calendar year. Activities may not be conducted until (b) above. an annual permit has been Issued. The activity or activities author• Ized under the permit may be conducted during the entire calendar EXPENSES. Only ordinary, necessary and reasonable expenses may i yhar. unless the permit Is suspended or revoked by the Department, be incurred for the conducting of authorized games of chance and skill. Authorized expenses are charges, fees and deductions which Each organization conducting activities must secure an Individual permit. A blanket permit shall not be Issued to an organization to are reasonable and necessary to the operation of the activity as stated on the permlL Unauthorize4 expenses are those not directly be deducted. cover activities conducted by other organizations, whether or not the related to the operation of the games and they cannot Name of Organization Name of National Organization (i1 applicable) Kenai Emblem Club suvrgmprn Etablas Pluji • Mailing Address Headquarters Milling Address ' Box 2914 City, State, Zip Code City. State, Zip Code Kenai AK. 92611 _ All officers must be current, bona fide members In good standing. Title Daytime Phone Number Names of Local Otticers 1. Elsie McGirr p��a ..* 283-7982 2 Diane Brindley Vice -President 262-4546 3, Josephine Clack Treasurer 262-4208 - A Sandra Morris Financial Secretary 776-8121 Fas this organization ever received a permit for authorized games Type of Organization. (Check the appropriate box. Relor to of chance and 3%111? AS 05.15.210 and IS AAC 105.0t0•.1C0 for definitions.) IJ YES Most Rec4nt Permit Murrtber: 83-148 —+— ❑ '1. Municipality [32. Civic or Service ❑ 9. Pol,ce or Fire Donartment and Company ff0 ` ❑ 3. Resigio„s ❑ 10, Dag Mushwa• Asauctatian (.a I1. poll:ical ------ 1; t't:s "�lniZ3'ian rern.�riz:td u3 a non-profit organization S. Fn:Q:nat (_� 1" 'Jon•urofit Ttw) ,,ader :`•e fnda,3l Ir_um, tax laws? Ass^,isYon Yc'r Int:'urte a copy of 113 cer:illc:,tg, if nit ❑ O. Educational L' 17. Vagina 13. Fi ;".'try Dwhy An. aciation prano:rc:y sutmitter . ❑ 8. Laoor [] I.-. Ou:coa:d Mmof A::ni,itinn I .., !t0 Now songg has org3nitation been in existences? Organized as: (Choc% ti+e appropriate hOA.) ❑ Corperebor: U Assoctatlon; ❑ P3rtnsrs>•ip; 14 years n _. r-1 ..__....... 1 t � ��• ,IIII��iFJr rMR�tM�•-:: �.�r..�: -:..rr �..-•.�.-J..—.r.�'-1rii� 0,sir 4a of Csarca and Skill i'f•.rit ApaliCation (TWIllued) ,s of Qa.^ws to be Clindurted. Ll it tyaas Of games by common name It otn.rr than tnose listed. See A$ 03,15.1•:,, ,t3 '5.15.2tA; „• ,• AAC Itt3. t *.160. ❑ 1, wroo (NOTE;: Bingo 2. Rafflas A Lotteries ❑ o, Contests of Skill ❑ 7, iceClas.ics games must not be held morn than 7 oecisions in It e,r:-molar month with ❑ 23. Poll -tabs❑ 5. Dog fAu3 Hers' Contests ❑ 8. Rain Ciasrtic!3 no more than 35 p-irnes par session or series of ❑ 3. Monte Carlo ❑ 0, Fish Derbies ❑ s. C:hsr (P:vese fist) games,) Person in charge of games (Must be a bona fide and active member of permiltee organization) NOTE: The memberin eharg4 shall be present during the conduct of each of the specified activities stated on the permit. An alternate may be designated to conduct the authorized activities during the absence of the member in charge, Nance Title Daytime Phone Number Primary i 1• Sandra Morris Ways b Means•Chairman 776-8121 Alternate 2. Elsie McGirr President 283-7292 DEDICATION OF NET PROCEEDS The entire proceeds of the games shall be devoted to and We - burned in accordance with Regulation 15 AAC 105.260 Use of Dedicated Net Proceeds. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rendered In Con- nection with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review Thew must be kept with the other accounting records for a period of three years. beifb) Disbursements for the promotion of the welfare and well- ng of the membership means that a member may receive assistance In the form of various charitable donations. which have bean approved by the organizations board, of directors. Charitable projects which an organization may sponsor Include education grants, training assistance or job counseling, food baskets, medical or health-care assistance, charitable functions and dinners for the community, etc. The qualifications to receive the charitable donations must Include a requirement that all members of the organization within the community may quality and receive the assistance. These paymentb may not be devoted to organizational parties, dinners or ben life, picnics, or social functions limited to members and their families. (c) Permittees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used exclusively for educational, civic, public, or religious purposes (such as hospitals, cH6rches, schools, government buildings, or community contors); or (2) turned over to an appropriate nonprofit organization which qualifies as a tax-exempt organftation under the Internal Revenue Code, Section 501(Cx3), or to a local, state or federal government. In the space below, state the specific purposes for which the entire net proceeds are to be devoted and In what manner, AMOVEO By COUNCIL �J DATE C)T7 CtCm 0:10,ted Yon►e/ Grows P.^Coip►3: 3 1600.00 i�lA t:/•tti}%, un7ir;..net►r fit penury, that at: of the t;teamwits Contain ad heroin are true and Cotr4.t to the heat Of Ow itlotplI• 1154 'I'd beli4'. Wa forth it coll. ify 1131 none of tee of ,:Pr3 o• in embers of our organization not any person ^.Tpl. yVed by thi3Otrg iniza,'on im,,Pmd i th9co1• �•it ! !:I .JT9)4 4J!;1036L •:: by the W04-3e1i10#3 ^OrMit have ever haen convict ad Of a felony, d Cfi1T.f• iovolving m3r31 t:,f03ole, Of vW3':3:1 (i1 a state, or feilersl gambttng taxi. We further certify that tfl3 h3/e dalivered 1W3 Oop;ys of this a;)Ae:at.on t0 :he nPar?3t city or ~G}}ice of to-ligro. i Sig .%J!A4*TW9 Officers R ulred i t.�Ps•ir: J�,�%C� %�� /u�L.klik - \,e�1LN'��••:. �s..Q.i•�wi�� i i s• T� February 9, 1984 -70 CITY OF KENAI 110d ea,iJal 4 44u4a - P. O. BOX NO KINAI, AtASKA 00011 C TEIBIKON/ 915 • 705 MEMORANDUM TO$ Kenai City Council FROM: Kenai Planning & Zoning Commission SU83ECTo Preliminary Plat PZ84-8s Rocky Point Acres S/D (Section 36) At the meeting of February 8th, the Commission reviewed the referenced plat. It was noted that the streets still remain to be named and Mr. Labahn stated that it appears to scurately depict the wishes of both the Council and the Bommissionp however there was no time for staff review before the plat went out in the packet. In a motion approving the subdivision plat, it was noted that the name Rocky Point Acres remain as an identifier but that the name can be changed by either Commission or Council at a later date before the final plat is submitted. Further details of the discussion are available in the minutes submitted under item H-6, page 2. Submitted at the request of Chairman Lewis Janet Loper, Secretary � J j CITY of KENAI P.0 HttM bHO KENAI, ALASKA W611 PNnNC 4OO71 283.7030 February 10, 1984 MEMORANDUM TOs Mayor Tom Wagoner and the Kenai City Council FROMS Jim Swelley, Airport Manager SUBJECTS Airport Rotating Beacon Controls d // Attached is the latest proposal from Air Tack to install a new remote control system for the oirRort rotating beacon. The coat is $19,760 for a single point control system and $2,160 for dual control. We presently have a dual control system located in the Control Tower and the Flight Service Station. Single point control would not significantly affect the system. Dual control would be a "nice to have" feature. In answer to a previous question by Council, the installation of cable in conduit would operate more trouble free over a long period of time but is more costly to install (1983 estimate $79095). Another factor not previously considered is that the rotating beacon is not tied in with the airport emergency power system. This could be corrected at no extra coat by installing the power line from the generator to the beacon. The primary drawback to installing the cable in conduit vs. remote control (other than cost) is the time factor. Cable work could not begin until after break-up while the remote control system could be installed on the receipt of components. JS/kh �4 d AIR TEK, INC. P. O. Box 2107 SOLDOTNA,ALASKA 99669 (907) 262.9391 PROPOOAL SUBMITTED TO PHONE. TE City of Kenai T February2 1984 St EL .M_ P.O. Box 580 JU/ NAME Remote control of beacon light CITY, STATL AND ZIP COOL Kenai, Alaska 99611 JOB LOCATION Kenni Airport ARCHITECT OATS Or PLANS JOB PHONE We hereby Submit speelflcatlons and estimates lot: Remote control of the airport beacon light utilizing the existing FAA transmitter (121.9 frog. ). Control signal will be initiated by a touch tone selective call encoder pad installed in the FAA advisory tower. Equipment installed at the beacon will be a model RC1T5A receiver/controller; the selective call decoder, power relay; 12 volt battery and charger. This equipment will be activated by the control signal from the tower. This equipment will not Interfere with any of the present operations of the FAA. antenna antenna (existing) FAA BUILDING BEACON TOWER touch tone transmitter Receiver/ control ad encoder (existing) Co o ler encoder rela 12vDC I Beacon I MrAC 1 1 �•1234g�,� attery 1 C.R. �1 �% FED 1964 Charger KOO'% fi r . U� uF .''S rL J.�v,, vrOyL ?Qt 11ropoor hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: One thousand seven hundred sixty and 00/100 dollars($ 1,760.90 f ayment to be made ai follows: All martinet Is guaranteed to be as sprcd,ed All work to be completed Inke a worbrlantiAuthorized manner according to standard practices Any adoration ar devtat,on tram aLave apeMud : %'� Signature t,ons mvoHmg extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate All agreements eontwRent upon strikes. accidents or delays beyond out control. Owner 19 carry No, tornado an4 other necessary ,nsuranre NOW: this proposal may be Our wotaere ate fully covered by Y/orkmen's Compensation Insurance. withdrawn by us of net accepted within days, is .Attt08Ulfp Of PrOV0,0111, —The aoove prices, SPIX011 at,ons and conditions are satisfactory and are hereby accepted. You are authorised signature t0 do the work as specified, Payment will be made as outlined above. Date of Acceptance: Signature FOAM 1164 rOYIA,Orii IeW • Araua. h.,n ,h,;nu�mc.Orvtce. Ma9a 014SO Prise No. of P81taZ u 1 I ii I) INC* P. 0. Box 2107 Soldotna, Alaska 99669 (007) 262.5937 1907) 282.9392 May 23, 1983 i i City of Kenai P.O.box 580 Kenai, Alaska 99611 i I Subject: Airport Beacon Control f Attention: Jim Swalley Jim, We have three options we propose for the control of the airport beacon. As you will see their costs are significantly different. Option Number 1 - Run control cable all the way from generator building in conduit. This is by far the most expensive. Total Cost $7,095.00 Option Number 2 - Install Motorola transmitter that would be keyed ' by the existing relay in the generator building control cabinet. , ,. A Motorola reciever at the beacon light cabinet that would j I operate starter in the cabinet. Total Cost $5,420.31 c Option ,lumber 3 - Use existing Motota.a intrac transmitter by installing additional circuitry. Install reciever at the beacon. . Also additional circuitry in central unit. ' Total Cost $4,593.87 If you have further questions please contact me. Sincerely, Joe Nall JH/ml fi - WSW, CITY OF KENAI -0d Oapidxd 4 &ad4a. P. O• BOX 590 KENAI, ALASKA 99611 TELEPHONE 9E3 • 7636 September 15, 1983. MEMORANDUM TO: Mayor and Kenai City Council FROM: Jim Swalley, Airport Manager RE: Airport Rotating Beacon The attached proposals by Air Tek were made at my request after having problems with the control transmission cable last spring. ' I was informed that the buried cable is of 1950's vintage, paper i wrapped, etc. Also, there are at least two or three splices utilizing different kinds of cable. , Experience has shown that• once these older cables start to deteriorate they continue to give problems. 7 The coat of the repair for the last "blowout" was $0 42.70 a (5/18/83). JS/dg Attachment i 1 CITY OF KENAI %Od eap4:1ad of 4" F. O. box $80 KENAI, ALASKA 99611 19LIPHOME 2E2 • 7533 MEMORANDUM TO: Kenai City Council FROMs Jeff Labahn, Land Manager SUBJECT: Vacation of Utility Easement - Tract D/Osubenspeck DATES February 109 1984 The referenced 10 foot utility easement has been requested to be vacated since alternative utility easements will be provided by Sprucewood Glen S/D. (See map). This easement is unnecessary and it encumbers two tracts of land recently sold by the City. The Kenai Planning A Zoning Commission recommended approval of this vacation request on January 25. This petition was approved by the Borough Planning Commission February 6. The Kenai City Council has until March 6th to veto the decision of the Borough Planning Commission. , Homer Electric Association has requested that the portion of the utility easement between the power substation (Tract A) and Tern Avenue be retained for future use. Recommendations Approval of the vacation request is submitted, excepting that portion of the easement as noted on the attached vicinity map. JL8sj1 I � t I U _.___ •. r• •• •ot\ '" �I �' 1 tt� Q \ IGr 1`i. s �A+ di � ` - .... .• .? \ t•• s, ,. vy _ • T�\� S�i.\ p ,� it [ �Y • ' ' ti' • ,� \ \\\\ \\\\C 6f. Ln enra v°cui �.�\ \` �!• i-• .n [" � . LJ .� CJt.-IIL o � •r � • �• i i i r, i ,r 4 f [ m w 1 . t i - i _ i • w7�raeirrrit%.dvs►�!',�iril:�vaa.J+t. i+>d .._+_.•-.41YN2tf`.�.Ki�4t}iil'MWiyf.!b1r•ir.�/3i4V✓ .t t f . jr i11 i' i • i 1 : I �I . `.,,. r.. f •o.... 6vP13 CITY OF KENAI { CONSENT TO SUBLEASE OR ASSIGNMENT The Assignment from DAMES E. CARTER, SR., to MICHAEL J. TREAT 8 30VCE A. TREAT, dated October 1, 1979, covering the following -described propertyi Lots 14, 15, 14, 17, 18 and 19, Concession Area Is hereby ACKNOWLEDGED AND APPROVED, subject to the came terms and conditions as contained in the original Lease above -described. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requiring the City approval for any subsequent sublease or assignment. CHARLES A. SHOWN ACTING CITY MANAGER STATE; OF ALASKA ) THIRD JUOICIAL DISTRICT ) I THIS IS TO CERTIFY that on this day of , 1984, CHARLES A. BROWN, Acting City Mannger of t o City of Kenai, � Alaska, being personally known to me or having produced untis- factory evidence or identification, appeared before me and acknowlodqud the voluntary and authorized oxecution of the Foregoing instrument an behalf of said city. Notary Public for AlaNa My Commission Expireat I , I t � i t z f -_ C) ;4 LAI IX .. • nJ ASSIGNMENT OF LEASE THIS ASSIGNMENT, entered into between JAMES E. CARTER, SR., of Box 212, Kenai, Alaska 99611, hereinafter referred to an the Assignor; and MICHAEL J. TREAT and JOYCE A. TREAT, of Box 2791, Soldotna, Alaska 99669, hereinafter referred to as the Assignee. Assignor does hereby assign ans transfer all of their interest in the leasehold estate as evidenced by that certain j -.. Lease Agreement with the CITY OF KENAI as Lessor, recorded Nov- ember 6, 1979, in Misc. Book 149 at Page 925, Kenai Recording District, and covering the following described real property: ' - Commencing at common U.S.G.L.O. monument Corner .... _ Section 31 and 32, Township 6 North, Range 11 West, and Section 5 and 6, Township 5 North, Range 11 West, this being the Northeast corner of Government Lot 4, " Section 5, Township 5 North, Range 11 West, Seward Meridians thence go East along the dividing line between Township 6 North, Range 11 West, Seward Meridian, and Township 5 North, Range it West, Seward Meridian, and North boundary line of said Government Lot 4 for a distance of 1035.15 feet, more or less, to the point of . intersection between said dividing line and the westerly boundary lino of the Landing Strip as established and existing in the Kenai Airport Area (such westerly bound- _` `.. `' •-- "'-"`:`�`:`. ary line running parallel to centerline of Landing Strip ,�,.• at a distance of 150 feet), thence along the said bound- ary line South 28040' West a distance of 677 feet, more I , ;_ ....:.: •-• :.:;;;,:: or less, to a point on said line at which a perpendicular line from a corner marked with a 1/2" galy. machine bolt (hereinafter called point of beginning) intersects such ! boundary lino at right angles; thence North at a right angle with the boundary line (the bearing being North 61020' West) a distance of 200 fact to a corner marked with a 1/2" galvanixod machine bolt, this corner being j the true point of beginning, thence continue North 61020' _ ,•_•. + i West a distance of 150 feet; thence South 28040' West a distance of 300 feet; thence South 61020' East a distance of 150 foatl thence North 28040' East a distance of 300 fact to the true point of beginning, Kenai Recording l h 4 District, Third Judicial District, State of Alaska. �r The property in this description is also known as "Least, Lot No.'s 14, 15, 16, 17, 18, and 19." As shown on Got•- ,�;. eminent Drawing No. OD-83-7B as corrected. TO HAVE AND TO HOLD the same from the date horeof, for and during all the remainder yet to come of the term of said Lease Agreement. { Assignee agrees to comply fully with all the terms and provisions of the Lease, and to hold the Assignor harmless fro;n any liability arising thereunder. IN WITNESS WHEREOF, the said Assignor has hereunto sot his hand and seal thin •,.�•, f day of T,,,1 _ -. 1983. Asnignor �; ,• : • `� JA.' F S C. CARTER, SR. _ MICIIAEL J. THL•'AT,' Assignee YCE A. TREAT, Assignee STATE OF AI.ASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on this : day of , R I' P �a L-t =�a+�►r�.s+: x*yriwvr�axaxt�►:ta�ia� • �ww•Kt•'!.•!•'+ ;/w•s,10w.t.Vl� � 4Fr.c�M4N ASSIGNMENT OF LEASE cer'd Asaignors JAMES E. CARTER, OR. Anoignous MICHAEL J. TREAT and JOYCE A. TREAT 1983, before me, the undurnignod Notary Public in and for the State of Alaska, personally appuared JANF.S S. CARTER, HR., known to mo to bo the individual namod in tho foregoing inatrumont and he acknowledged to ma that he executed the same freely and voluntarily for the uses and purposoe therein contained. ' '�c,�:%"':'..,+:%;.• WITNESS my hand and soul thu day and year first heroin- +;:�,-,A4Qvo wtitton. LL HY-PUBLIC, Stato My commf:nsion expires t - n •.�' OF ALASKA i THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that an this "�^ v/day of /,szl �L, i, 1983, bof are moo the undersigned Notary ftilo in and d th-a State of Alaska, personally appeared MICHAEL J. TREAT and JOYCE A. TREAT, known to me to be the individuals named in the fore- going instrument and they acknowledged to me that they signed thu same frooly and voluntarily for the uses and purposes therein contained. WITNESS my hand and noai the day and year first heroin - written. NOTARY PUb IC; u Alas J � ;p,tj e f4y aommisnion expiraos a r I r /- !_ / ;.,. CITY OF KENAI eapdal ej 44td4all /, ®, ROX 660 NOW, MAINA 99611 fiNI1400 903 , 7636 Vubrnnry 6. 1984 Report to City Council VMS Marten A. Brown, Acting City Manager eela, 61111JKC'Ct Proponed Annennment Vintrict, Comai Circle on Vebruary 1, 1984, the City received a petition for fvrination of an an0000mont diotrict on Camni Circle in Mann gubdivioion. 'Chin nowly conotructed road would lief want of Candlelight Drive, nouth of Unna 11treet, The propooed imprmvemento are,,to inutude water, onnitnry sower, and gravel road, Right (8) tots will be ben►sfited, Vivat plattinf4 han not yest been comptoted. Below in n recap of the Into Involved, and eotlmated emit of lmprovemonta. The unnnbdivided parcel n►unbur in 045-140.04, with a 1ugat detscription of 14ec. 34, UpUp R11W, Lot 109, The note ovaor in tintud on the tars rolon no William A .Jett W, Burnett, Host 1022, Kenai. The information below in taken from the preliminnry plat (attached) nninnitted by the property ovnor with the petition. 1"otimated l.at /i fSe 1v1, t;nae w.,..wr amr 1 7,336 $ 6,437 2 7,708 6,984 3 9,359 7,994 4 10,475 0,947 S 10 ,476 14 , 948 6 9,91il 7,9e16 1 7071114 6,9134 H 7 LhL'4 4 L5 I0 Jllt11f a )J.1Lo 9 .'i11101.�ir1��. - .il'" ^. +.,.r��� • '•�-w•r•-w-..�-•-i_•-'+Y_.. �...fG� - _- _ - J7 F The 060,000 total cost , which Lneludos inspection (engineering in acheduled to be accomplished by the owner), is bailed upon a rough entimato from the City engineer and r_shntotfl not No emn,i�rlrrfod ft m4lif-,m or n maximum. Th000 costa are based upon 100% of the coats being aonaonod. The owner has waived the 25% limitation, in accordance with KMC 16,05,010 W . Tito City has 0680555 of 1974 Refunding Bond money that could be wood for the water and owner portion of the project. The etreot portion could come from the General Fund Capital _. improvement Reserve, Tito City, however, is currently seeking information on special annonsment districts in the hope of selling G.O. Bonds this spring. if that is done, we also will have that money as an available eourca. The City Administration agrees with the prop000d scope of " improvements as outlined above. These improvements are , desirable in that they will provide additional building lots in the City with full amenities. The City's tax band will inereaae with the initial improvements, and again ao structures are built on lots. It appears that no grant jsnonios are available. - Below io a tentative schedule of how the administration Lntando to proceed. ` note Action 2-13-64 Manager Report 2-22-84 preliminary Assessment Roll 3-7+84 gat Hearing for 4-4-84 r. 0 3-16-84 Advertise in Newspaper and individual Notice 3-23-84 Advertise in Newspaper 3-30-84 Advertise in Newspaper j 4-2-84 Advertise in Newspaper 3-21-84 introduce Financing Ordinance - 4-4-04 ibsaring and Resolution - -- Approving Oiatrict 4-4-84 Nearing on Vinancing Ordinance At completion, the projrset could be assessed tit 10% over 10 yearn, at d incrut Lan of Coenc il. It . i i r Fi f' i . J Box 1022 Kenai, Alaska 99611 February 1. 19334 City of Kenai Kena 1 Alaska 99611 Gentlemen: 'rle hereby petition the City of Kenai to grant the formation of a special assessment district encompassing Lots 1-8 on Camai Circle in the Kiana Subdivision on Candlelight Drivc. Improvements desired are specifically road construction and sewer and water service installation. A copy of the relevant plat portion is enclosed for your consideration, Kiana Subdivision is solely owned by the undersigned kl. M. and Jill W. Burnett; and as the sole owners we waive the 25,' assessment limitation and agree to accent on a proportional basis 100` of the cost, of improvements. Respectfully submitted, c W. 14. Burnett. Ji11,,W. L'urnett I � - r .. d 4 . i I :l I I (t -W I ' i ~ . IN 1 1) . I �w �a_w �ww • , 11 1 KIAIIA STREET i I•4,n 1 , � 1 1 1•' ul 1 i 1 ' .`I � •1n�'1 I 1 I t. )t 3 `�I Lot 2 Lot I c.; ►; Lot 1 tU '•'7,,l;r : F •:I 7,7085F :1 " 7,5.2G5f „ I { :U 1 1 , C A M A I CIRCLE 601 R/W ut { .1 Lot . i 1 • 11'14'! :.�G 73 �111 lil Ir f..•/1F 1 L cat Lot G Lot 7 Lot © - j „j Lut 2 !1 47r, 3 F F r 7,'lOt� F. ' 4'n 7,6235.F.T;r I QI m"I 12, 87E3 S.F 04 I. �~ 1 �' I � •• � �i1•wlras•w •�..w �w�•+�.r+��.wr..w_hlww�wr w��r.�••��s+w CURVE DATA -Tangent - "sit ve _i 1�• �~ linrtw Ar��I ,.,•• • i 1 { _ • 9 t et ii2°x s�4•' rt pdr dicatq: datum of record ' =!O'ES 'i All wbi:.C.t3!@r' .'•'-At'it:nt ianj 0*"00531 3,sa1] .:j,tjjj r with ex:5tln9 l�+x ut t"e t:n.c ct �Cr,,tf-jct:on E;J::.^"`!a ^;T eLCK - A DJ11»:1p C-ct rack: .� t �, ^ccuircd from all etrect rig!'t5 of ways unless ico?er Standard io approved pY rC3G1t3tsar, of tre ►�:3nning Carin+sc9lon All tearing, refer to the SWI/16 to CS 1/16 line OS eirq S 89" 59 W G.L.U. datum of record. I1%CIA IA JVEVIYIS"101" , Wm, M, Burnett, owner Box 430 Kenai, AK 99611 LOCATION �.006 ACHES LOCATED IN THE NEI/4 EY11/4 SECTION 34, T6N, RIIW, S.M., AK, TtfE CITY OF KEIJAI AND THE KENAI PENINSULA SCROUGH Surveyed by: IULANE a ASSOCIATES, Sc;dotna, Alnska 99E69 1. :. F. S C AL is _. y.4-63 1% 60 82-54 U i r oil J CITY OF KENAI n n 1W. n11n K1:NA1, Al ASK.A 99011 P11,INF 10071 7"3-Mg February 109 1984 TO: Wm. J. Brighton, City Manager FROMs Keith Kornelis, Director of Public Works CH-0 ADEC, FY 85 Capital Budget For Council Meeting, February 15, 1984 Please find attached a letter dated February 2, 1984, from Gary Hayden of ADEC which outlines ADEC's FY 85 Capital Budget that is being presented to the State Legislature. If you will notice, ADEC is requesting $16.75 million to fund the 50 percent grant program. If you recall last year the City of Kenai submitted eight projects to ADEC for their consideration hoping that they would be included in the ADEC Legislative grant request. I have also received the attached ADEC's FY 85 Priority List by City dated 1/26/85. On Page 3 you will notice the City of Kenai's list of eight projects which were, submitted. The score that is noted to the left of each project was derived at by ADEC using their point system. Another list which I received and is attached is the ADEC Priority List dated 1/25/84. This list takes the projects that were considered by ADEC and prioritizes the projects in order of the score that is assigned to the projects by ADEC. All eight of the City of Kenai's requests are included in this three page Priority List. I have also received the attached ADEC's FY 85 Fundable Project List dated 1/26/84. This list ddsignates the projects that ADEC hoc submitted to the Legislature designating how the requested funding for FY 85 Capital Budget to the ADEC 50 Percont Grant Program would be used. Please note that the Thompson Park Water Improvements to listed on this list. This indicates that if ADEC is given the $16.75 million that they are requesting from the State Legislature, the City of Kenai will receive funds ($350,000) which is 50 percent of the project to provide water through Thompson Park. •r_• A ... r- V . . ,. In Gary Hayden's absence, I have contacted Dick Marcome of ADEC in Juneau to discuss the Department's feeling as to whether or not we will actually receive the funding requested. As you recall, last year, ADEC asked for approximately $32 million with the City of Kenai's projects prioritized at a relatively high place in the list. Unfortunately, last year ADEC did not receive any of the funding that they requested. This is because they requested that all the funding go through their department and the Legislature decided to go with individual direct grants instead of going through the 50 percent match ADEC program. This year the Governor allowed ADEC to ask for only $16.75 million which left the House and the Senate with their own pot of money for their individual direct grants. Mr. Dick Marcome expects that they will get the $16.75 million and feels that at this time the House and Senate will add to this amount by approximately $37 million in direct grants. As the session continues, this figure could possibly reach around $50 million in addition to the ADEC $16.75 grant request. The City of Kenai's design engineers are presently finalizing the Thompson Park Street ,Improvements and the Princess, Cinderella, McCollum, Aliak, and Fox Street Improvements. Both of these projects have construction funds allocated to them and could be bid within a month or two. The question is should be hold up the Thompson Park Gravel Improvements Project in anticipation of receiving ADEC Grant Funds for running water mains throughout the subdivision. If we do hold up on the construction, there is a good possibility that we would miss this summer's construction season depending, of course, on when the Rate Legislature would grant ADEC the funds and when ADEC would peas them on to the City. Then there is also the possibility that ADEC will not get their funding like last.year and the waiting will be for nothing. Due to the uncertainties in the Legislature, there are no clear cut solutions or direction the City should take concerning the Thompson Park Project or the Princess, Cinderella,.McCollum, Aliak, and Fox Project. The City could increase the engineering design contract to include water in the Thompson Park Project and water and sewer in the Princess, Cinderella, McCollum, Aliak, and Fox Project and bid the project with the water and sewer improvements as additive alternates with the idea of holding off the award to the contractor until a decision is made concerning ADEC funding. The ADEC grant funds are one of the few grants where the recipient can go back 120 days from the grant award date for eligible costs. The City could therefore go ahead and award and start the project immediately after verbal communications concerning the ADEC grant. KK/jet ecs Wince, Corthell, Bryson McLane h Associates 7j�.. jj II �.. 1 RILL SHEFFIELD((&�NI(2 DEPT. OF ENVORONMENTAL CONSERVATION reloanone: IDv71 465-2610 Addtoss: pouch 0 - Juneau 9981 February 2, 1984 21 Keith Kornelis FESi Director of Public Works C1:y Cl KeNd rj! 210 F i dal go Street Ywx ti•Jotics pepti -� Kenai, AK 99611 J Dear Mr. Kornelis: _ "V Thank you for taking the time to answer the questionnaire sent you concerning water, wastewater, and solid waste projects which your community is in need of. We ask for this information to assist us in preparing a priority list for possible funding through the Division's 50 percent matching grants program. A total of 37 communities responded and expressed a need for over $105 million on 154 grant eligible projects. Project questionnaires were reviewed and scored by staff using the criteria previously sent. I have enclosed two lists of these eligible projects; first, a list by individual city and, secondly, a list ranked by score. The Department's FY 85 Capital Budget, presently being reviewed by the Legis- lature, includes a request of $16.75 million to fund the 50 percent grant program. Obviously and unfortunately, this $16.75 million did not go far toward meeting the expressed needs for projects statewide. I have also enclosed a list of those projects the Department proposes be funded using our FY 85 Capital Budget request. Although the Division views this list as final, the actual projects funded will depend upon assurance that communities will be able to provide the other mai"thing 50 percent of the project costs. If the projects in your community do not appear on the Division's list for possible funding, there is a possibility the Legislature may still appropriate funds for the project. I have sent these same three lists to the Legislature and will be giving them copies of the questionnaires you provided us. I will continue working with both your community and the Legislature while this Capital Budget appropriation is being developed and reviewed. Sincerely, Ille., Gary Hayden, Director Facility Construction and Operation Enclosures cc: Commissioner Neve' i i 0 0 U O Q BILL SHEFFIEW, GOVERNOR DEPT.OF ENVIDIONd ENTAL CONSIEUVATQON reiephone.- 1907) 4E5-2F16 Addn Pouch 0 October 12, 1983 Juneau 99811 Dear City administrator: The Alaska Department of Environmental Conservation (ADEC), through its Municipal Grants Program, offers Alaskan municipalities 50 percent matching grants for construction of water, sewer, or solid waste facilities. If your capital improvement plans for the State fiscal year, beginning in July 1984 (FY 86), include sanitation improvements, you may apply to the Municipal Grants Program for design and construction assistance. This letter transmits the materials necessary for you to submit your projects for consideration during the FY 85 budget deliberations. The enclosed questionnaire is to provide us with the necessary information to evaluate your project for possible funding. Please complete a questionnaire for each project for which you want to receive grant assistance from ADEC. You may send any additional supporting data you feel might be helpful. We need to receive your completed questionnaires no later than November 15, 1983, for inclusion in the FY 85 budget. - During the legislative sessions, we are asked questions about specific projects by legislative staff. If we have enough information to answer their questions, your projects will have a better chance to receive funding. For that reason, we encourage you to also complete a questionnaire for all sanitation projects for which you are planning on receiving funding through any State appropriation. I have also enclosed a draft copy of a criteria system we are proposing to use to evaluate projects. 1 am interested in receiving your comments on the proposed system. We will consider your comments in developing the final criteria. If you have any questions about the questionnaire or the criteria system, please tail either Dick Marcum or me at 465-2610. Sincerely, Gary Hayden, irector Facility Construction and Operation Enclosures r ; I ADEC FY 85 PRIaRITY LIST BY CITY IM/85 r-. CITY SCORE PROJECT td'iW P.Q RASE 395 CBX TRJ* PHASE III 34S B-:-:(A) FISH CK. BE-i*M A.R.R I ARCTIC BLVD. (RPLACE CHP) 340 CHESTER CREEK PL'rP STATION AND FORCE MIN 2% CBD-IV 290 SOUTH MH;?ASE FROA DOWLING ROAD TO 84TH, PHASE II, III 270 BOC:TER STATION - KF-DOON AREA 265 CE°ayJOL P'�".'ERS lXjV- STATION 265 MLLD:fi,)i H..Ior.?Sr1(LIiA'2: TERRACE (hTERTiE " .. F�c, MLESE LX- w,RTH OF N. LIGHTS 6 EAST OF LAKE OTIS 2M LA'ERAL IraikO DIENT DISTRICTS (LIDS) 220 4tTH AJE%F_ •C' STREET TO DDIXI r-:8 PRODL)CTION WELL - EASILE RIVER 2220 REr' XE 'I' STR E :0-IND(/7TH TO 15TH AVENUE MO MIDLI .i4N PARK ItHTEATIES ' P-20 iHlh VERS SL'MMSION INTERTIES 220 MET MULDOOM ROAD Ih7ERTIES 220 LAKE OTIMPRUCE STREET IMERT1ES 220 PRLIC WGRKS ROAD RELATED PROJECTS 2:0 E;Px.E RIVER TP ::SIMSIOM SYSTE*UItiTERTIES 210 k754TAVE UNE R-cPLACE?EENT :98 RM END AVeXE BEMEEN'F' ST. I eGo ST. 175 x:MLAMEE t;S EWiLE RIVER WATER LIEF UPGRADES 175 "PLIC 4.;ZKS 3Tn+D RELATED PROJECTS 175 SATE D3—irf N:S?44Y FELATED PROJECTS 175 STATE DOTPF HIS=49Y rE.S;7w PY3JECTS 168 Pr'viIDEN:E AV---V. /A%IU EAST IM FEET _ IE2 SPE-14D RC.&MILLCE.EST TO ISM PrEME .62 ANTICIPATED WaiER DISTRICTS (RID)(EAGLE RIVER) H a r'01 1PRV STAT1316 SANTA K41*A E'+RFiVY 19 2 ;SO 0TICIPATED ;MTER 1*R2'v' M=1T D:STRICT IWID) Tot :ea m15 t3J1i M-ECT ;*.:;d'. ic3 �ia:ri 1J C: :!�°`I1Y Srw:•�C Totals iotals Totals REMESTED WC FLIMM 28a. w 543.800 i 375, M j 300.0 !� 1, 20.2eM Ulm 14e. 8a0 41. Ea 34.0aa M. aea leer 0a0 11E, 000 197, Ba0 ` 16,828 12, See 38, we 42,M -.. 240, a00 120, M 13% da0 46, 000 r 2r, m 2si2, Rea IM, X2 : 242, ua , _. 120. av2 e 116, eu 257, k11 U' M 14e,?a8 202, aaa 6, E23, 4M 7, SN, 1W Sac, 242 ` E, OQ 1 i i 4;t. 2aa AM 'Y 5! ;:::iTTY LIST 8Y CITY I/26/85 CITY SwR_ ;X-JECT N REQUESTED AMC F103 Totals 11363,,.., CRAM 335 WAicR SOURCE CONST rZIR EY-II 1,962,5J8 335 WATER SYXCE DEV/DES/CONST-I 1,472,5U 335 WASMATER TREA;1''ZiT FACILITIES EXMION 1,2u.m • 318 EAST CRAIS GRAVITY SE'ZR 145,su I Totals 4,845,SN DILLihG ! 375 DILL:ham :+! Si",04E TREATOW FACILITY iAB, eu 27e O ER WEE 39S, NV M WATER DISTRIZITION SYSTiX EXPQiSION 642, m Totals 1,735, �8 rA:Rws - 485 NORNEAST FAIMILANXS SZ0 INTERCEPTOR 1,8n'm . M WATER T; ATFW PL 4T EXPAr*ION 5,581,em 399 ISU-iSU BLOCK AIRPORT WAY FIRE FnPANT/6RATER EXPXION 866, m 39 VAN tiuM INDiSTRIAL AREA - FIRE P.A:* 1,eu,m Totals 9,497,eia G:+Lc"tiA ' E85 WATER DISTeIF.ITICC RtiD FRS E`rAn ER COLLECTION 2,ed8,em Totals 445 SE::;3E ;PEAT -ruff P-94 E1.4tiS13N 1,` e,ou 335 tr.PER SPIT HATER LINS BE-?, m 335 OSCAR r'JU04 F;ST SNER 62,!u 36 WEST K+--R WATER QND S=ti»R LINES 381,M ` 235 DMAY 091YE S:4ER 0E us' in 285 PIT £F*cR LK 2,67!,V8 i 26a CITYVIEW At'EU WA --ER LNS 13,°?a Z68 PEhNOC11 NATER LI!,c 25, em 255 $-P:3% SU DIVIS10.4 EATER '110 <<4£R G%ES 446c,W EU D4.�V:E'1 W-ER LiNEE 72, N-4 23a CS -.AR !! "NSC.N WATER 0Z 34, `4V 215 R %3V:_a P:D.JJE :.;T:.a ::rg U, un 1s8 :L'-S: ;E .i•:a I":?.S: �=i :: � :o�JeLT 13, ra'a Totals E,517,eN :-;3SE 11I 1, 'ota1: 1,14;, TRIT %X. :AIT S V-C:'%S C:ti?ACT DW4"ZZR 1u,4'm n:;;'-hT "+:% LNE 32,4m h;:5 45; "Z�.::N- . ::t L:-Y :h._ . i:R cFwTa-:-;:K LJLr I •:5 • --:'.-r'_! .+__cf :i a I C:'.2:;,i IGS `C7,i� W ADE: FY ct C'RIG;:TY LIST BY CITY i/4�r/8i RR"„JECT NAPE RE0231m auE: FUtJ65 4855 AIRPORT TO BACK LODP RM PAIN LINE 618,4% h 37% r_-N3-:J*T,L VkLR TPZA',+Ah'T P:.ANT EXPZGION Ba91465 385 W. r",. —1 Va;s eY IA:. rµtiTANA RO/; �s? R:1 DR w•:._;,TI 3 U.2.4:g p 388 $JEST PL- DEWAU VALLEY INJTERCELTGri fr4f& •WLL RIVER T;t.V. 881,793 315 JI1tizAU-Drj'J& AS TREAT?�hT PLANT TLTDSE DE'NA ER:NS 87, SBa 235 w;ST fr. PV:IaLL VALLEY INTERCEPTOR AX BAY Tk,% 569,173 Total: 5, 474, 472 - q7:= T 345 WATE; T?ZAT"_--%i '1LA!V :I�,TkLAT:OlN i I63,358 Taal: 163, Ya •:+fs 395 UPGRUE OF DJRM AVR E WATER VAIN 18,75a 34e WJR"..rIAE SANITARY LAQFILL EDUI:rYT 5a,No ou'oU ►L;TAX, SEIASE COLLECTIGN SYSTEM 1, ne, m Total: 1, PcB, 7-4 reti±: 436 TiroMPSON PARK WATER IPPR'OVE".E%TS 350, UO 4a3 PiINCE a, CXJERE.LA, %Cw'.LL?#, FLIW, FOX ii d S :1PRv—v 4ENTS 601-,8a,1 338 Spur., F_ND, 3RD We s i W4-Et r.* mu w -we-c 15 c e, eta Gc%E_RX AVIAT:C% A ER;S%D S:a'cR 98,ta8 ` M VA.H;UA-C-I1-rS 47E; 323,e?0 2La YE!,AI s+J; 'WER d S:«_a 55;E TO a;06! ,`EST 7CRT;OA G= SEC. 36 Be,ne . Gd$ R�t.r fi��. ��:c; d F�w�it I.".�E�:L S ei_:::0 TO CITY ""ITS a.u. 3e2,@aa _-4a ��4�: :L'wL; 3uiE AT lL:n'•'"n Rr>i.:' ae rra SAtwi'<Ct►O�Vr�ie'mJCMtI.'R�1L1� - Tot a:s 2,0,e,na . :.�: ::•.=:.} 'rY:u' f 25x CENTRAL PEN:%U A :hs-.INVATIGN FA:IL:TY 4, 75e!, Ua - — i aU E-4 :.=E.:A. ;ASTE SITE c'Ot,eail k :55 WNILVIK LANIFILL ::a,aea : I Total: 5,1°a,.v3 465 Ki:7DUAIN Su ID BASTE DIS OSaL 5!7iGM 2,d:i,i'ra .. - 198 KE-N::r.;.9 ,a is I Total: 2, �• °°2s era ;. ..-.+r•� PJ6_IC tff.+..".CS a:a sz;d ha HEI3HTS 71 36 INC-4 F;.w � $s, era ; -- Tct1s 1,40, e t ZS43.0,..a t 9 .i/r _FF,,j �+.�. hi_�.ii �.✓, MLt: ;L w�f( L:�rS L12, h°a'a Eq L:'z ,. ar,aia rave 3 AyeC FY 85 PIVITY LIST BY CITY 1/26/81 / CITY 8W.K PRo.,a:i IVYE REMSTED ADEC FV03 r. Totals Km 210 DOPSITE FE'sCI'w f2,u'd Totals 12,5m i 14?I+i: 315 KCDIN Srii":SY L':.0 FILL 1,82e,tea I 265 ELE'rzm r: A'.= -`.Le ."=i LIc na,na 235 NF-49 ISLAbL WATER FhD S£.ER 1,620,ala I Totals 3,72d, m i KDDI:lt IS'j%%0 8cf4cc." 538 SE (VICE DISTRICT T. 1 WATER Al45 SEAS IstiyJ'/E?'1iS 2,Eta, en e- 315 KC0191. SOLID W;6TE FACILITY 1,get, um ' I Total: 4, 221a, 2N ' KDTiE.:1+E 480 SENER SYSTEM EXPNI01 62E,8u 405 WATER SYSTVI EXK,%S:L'N 623, 4:3 j 210 WASTE KAT RECOVERY SYSTEM 4a,ll3 J Totals I, Su,320 !E:.?;.—r{ 443 P:r'E WATER CELIVEaY SYS'E+4 - f,223,22a Total: L e«;�124 1, _ i M ?1~KNIfit 168 WATER A.D SE t. . Sea,fu I Total: "N' 0.3 w'£ 475 WPSTE:ATER PLANT IPP;W' —Y 1"3 271,E°a 2. ICY VIE4 UTILITY EVIENSICt1 211811`_.`.' 235 WATER SLWLY IP;F%EwE(TS 0 RIR,;CgT UTILITY EXP'cNSNN 210 ALIr.'e.A:IVE WATER SLCFtY 75e,N't Tota:: 7,1a m, " IC mi %41 318 °..e'46F TnEA'frt i' EX;4hSICN 1,+2:.21d ---- ._.: 'w:a:r{ .L tE 'sL?LL's%! _I5 ---. -� "sFr.-_.i SEAZ -: -F«a'_ LI!E 4,.� 6 ►".', 'n iAr[i i;EATTEli; FAC:LITY 2.°:�.�:►� :;2 a':F_Lv. _E 3E TREATPENT F►C::.:TY 1.`_ai'.rt. 3IStVAL SYS E Q2.:Ns an T.,V'rrN FACIL:"i wi'ui:I:.ti iti'.V1 %4 iz& .E ?If.waL�::. a ::S:Q:Si':a� :. 2re.t:d 1: 1 aj cl TY PELICAN KTHSK-I, PORT LICKS WF AFD W-M SCL:,lvm ST. qM-;L J W ,;A -IL: OT ALE: FY 85 PR:;�:TY LIST BY CITY SCOT: putrsrl s►}?+: o MSM prier T!-ti:: Totals 11,531,50 340 MACE TFEATMr�L" FrC ILI iY 6Lil, e22 . 250 SOLID W'95:= ,en Totals 790,2it 490 .41TK:F HI:-1mW S_i-ER EVE` -SIN MO, VA Totals za,224 400 FAW.Mi ORNE S,_: 132,aaa p Totals 13212V 363 16' WA—.cR TF;,%S4!-SICN YMN 422,2n 365 SATEi;,Y 6L'PDIVISI N CATER AND SEAR Il.Pi0VMTS 1,428,m Totals itev,tee 410 SROITE CREEDS ar"d.£R llr.EKVTC•R EiTEh3IC.4 1, m" 222 Total s 1,?122, Z1a 365 9RIOrc CR:'SSI:S UTILITY Ph M's 231,4d2' 3Ea RS:A,ST ;,,E;.,E/SCs1TH 8:!di.EY UTILITIES 188,2:j 31S MILLMI irAS1.C1i Re:E='.^:R rS3 TA;,NS.y:BIS::11 YON 1,28' vul 286 EAST C(t5T 8?,•Ei Tti-% 41Z,In 220 STEAL:SS HISF,,Pf TO Sk.C!'AW P!r..'E 'Y VEST 98,ez! 193 Y KCLE SE R-F,CY: TO YXCi:W ESWHEES 96,au Total: 2,113,zu 3i SEC614 ;ham 44TEA j 7E9R Cr.O.E:.T rz, 40" Totals 225,i:: P.00 SEME.z;5E FAC:LIT:S t "9d2'Q`a SW 1LWAG SL''SDIV:S:Z ALT:R vA:u6 1�2,:a'•' f W TMATVOT PAT :E :C:T::h .Cq, 3T5 218 Ski0 AVE Ki:"#:MZ S las,m ass WILL KAT rMRc:,R CWGRT STAM)4 1E,..t 33° WINE 4cli s £ OE-1;GE .m 4.-.21C; AKC.,1 :'T:'.li:z3 el!'ZSiCfS saS. F; :Sa L-V ;M .£1 L--X c [.ZwE 3Y 27. v V . .:° .gib: �iY.r1��::.:.'s:r..=•�'S� :a.: =a;e r ..� Ira.....— .... ... ._ • o . � : ADEC iY 05 jai ?try Lt3; br WY CITY SCCFE vf^w;F : REMSTED ACE, RMS lot 41s F 2,4 ?A WR3:LtA 310 WATER SEWICE Ei!MMU 420,226 320 WATEA S152% 2'l: AX1J 705, Ph I, Tot it t 47i0 Z28 MUM 255 POST MICE AC43 S MAR �+CdE:T 1t8,228 I TotA1f ll0,zm I Totals lsa,875,463 ; f J R I � , ♦ 1 I I r � AGEC PRIORITY L14T f R1; city PROJECT 16'ME 1011STEO ADEC WiVa CSIRSiATIVE j m" 1K;•AM G4(S NAIENEWER FOR 1904 %5 1010 UK mml it fARWM rZER MIFALL LIM AND MAX due04v 520 MOOIAK ICLAh'D N9TJ!AI URV10E OIaTRICT NO, 1 WATER A►.0 MWER iPMCIMB P.,208,818 3101e2 M NORTH SX.cm DORM AT= WATER TREMO Ni FACILITY 2,w,ee8 Na NORTH Elirti EtiO N ATMU MM TREATVit FACILITY 1," eon 7,058,ea. :,ta UriAYA Ct?WERA!3E M1.1110 1,946,%en4 60996,9, 1 • i0 4iiA1N lUct 10;7..WS F!/S10ViK MAN Ol'z; 9rL OY9tuq 422, ni0 94 421, 21 1 43.5 FAIpw-s NOBtUST FAIRUMS FUER 1NTc"ACEPTOR 1,8880 0 lilal,P,i 49 W ATH SLOPE E400RDS WAINWRIGHT TRUTiINT FACILITY ADDITION 108,888 12,821,Q2 485 Koff LIONS MVIEN DRIVE MAR 49 KOi1EM r1wR MIEN EXPPIMiX1 � fir,85e 12,139,E i 479 S1�r'£ WM ATEER PLAN 11DR'J'%JFNTS 21106S0 1E,011,:1• "s OR19TOL DAY fs:R_M filvi S UWR PROJECT E2e,e" t3,631,2• 66% iXY'f xf STATER SYWOEN P!b'13E fit 1,1920�8e 141BL4, Pa . �:g KETCHIMM KET011KAN SOLID HASTE DifiP(i:,AL 6YOTEN 2,e2e,e88 1f:,Ed4,el/ 4:a JVjM I r!£1 EMALL Ttil1T P6141T GRIT C11AM2ER i OWN, COtnACT C1tA11fER Iwe,Bae 160974IN/ 445 ow..R CE'WAGE TKATF I PMT EXPA19010PI t, ".,8e, 828 le, 4741 i'2r 4.0 XORATH PIPE WATER DELSVrRY OYSTEN 1, also 0ae 1994740N, '4 Vp.XI CNI'.y34911NO3 PJ UTARY IYYP 6TAT 10N left -go t91404I & ba JUNIN GWIT1ER CM TO AfRPORT VAIN Lill 320450 19,si6145• • tr..i _-' S+ !L i>3aT ,a>nR li fill ATATIN A. PAN to. ?oq- 40, T'rdr�,P.Ifi PA MIER NPRUAIVAITS v ' &Z 4POEM H181' iVNENHALL VALLEY 1NTEAMPTOR S;£.rER-SACK LOOP R(M ZPb1951 all cr4,P°t_ ' 4;0 I'Mi1 ONEIVALL VALLEY�+ MER 1/1 CC%h C'.Itfl SZ7,62s 2a,70l,6t%. r.;a SIUA MANITE CRES Mor'ER :f;;Eit„EPTOR EXTEt 10H low'0S!e 22,pa" us ' -A,, ' J fizroj LE'foN CKFY. RSs'VINV 1IR 437, «te 2?, 5,,91, S r • . -15 aA J/,:Oj An AI. 41-11 ME RECEMIR AILII.OI ,A f.Al- . A/v. M.�� uw... , •.As .._ ..._ �_ _._ .-- ".4 /.Jil:01.9 wilitm iiibiirll WFI.efrlili - — 6240 RON172,U: ..,'a :V?'rIUVV NITYW 111DWRY WEER 611Et,310N Lutm C,SiI+''n", rS ib:S1 r%�Z COWL if�J►bi f91%1. 11t Put Pete i.',w,n MIER TREATPIM ra-Edit EX"vAflofOtl g,�Dl,Oae %9 -Ad (MADE (A CY1JRCi1 AUMI MIER !'WIN 169 7N 31, 411, 9i, :6 if, olc"ra gcl= KAX WATER 6 1.1"NER PRONC1 22S,eaa 31,titi,?:• ,,a MCM AM;ORT WAY FiKs t!11i;1'I'/A:}'ER EXf';l'ljtb'1J 6(htOJN Me4'9?,=e. a : ',:1N "s.!,:t•iI'li(.L VAUEY TrEfil llt ftf111 EIS �'Ss:U',1 G49,4�rSi 3a,.'.62.e� .;8 wZINIC 226,Dta A1.19,16. •a "o lyN:fE DfSi✓3 A',.%r;AlEtt C/t:iiRSf4JitQ!1 3,i1,?,F10 14 Gsbi:'%,N ,U641F, k!;i, rxfll F;I; MIN' bSaleta '90?•S7,i+ ;a "43111.0 'a&TER w1l!dill ER7F6+3S11 4ia,at0 2?,6;9,i�' j . -g '11 W, p��,,Ell-0.1,'lm .4,'1 :!1T, f►,',fi�iN ,1/..G'ii b:1", On c"N'0.'.".Sifllf ?.d? 413 E1 %' f%� ' I, - a :�;`s'�I 6»v v y;S 1 •�:�l;r.!, i';+a` % ti :V t'r 43% "l)GIN4 7Ba.@ra ,✓r 414711i;. a %61 yea a!,' '�'EY t�if%k;6rTtR ,r;,,J%'1';/.L is'4"d i;!i+ 9 :l ill r ,. i LDl,r93 4:,p�6,'` 4 ,A p} OILL'hP.dS:' Ar.g+•'r, ,�:f,f+r.f1T r'+l;t1.11/ Jlt,1,'d i :,, r�; f!rGi .si;•,+:e,K i►ll'ia; ,�Ar A L:aYB i2P, I,af •�, rt �, s5 VMS? S:,:f U67ILL %49 $r,,z0 10 ipd•!W(LL (;;:,?ra '-'r �.:%D S6• A;,srATy�,'I�►'S�,;;II ►1%,SN . .J ✓.i i0 qq �ni��H1 J��J.rl i3i`I{WVER "M' lsso ;A, %..ii/r�111f 1,4ta, no 44, �•�%I �t . 'i -J.:•"ii L :'� rJri:StY iv`.{}�t�t 231 al 4! :t I' :a :•''Ji �EJibTrllca.F"1:1:;►1implfLe'l'i�S•:E2 ;:. •:a l.�E_:sA t61�•7 :(p>pu,, d,� ;Rg .4g°,.,•`Ma 4�, ,•q.,f R� ((''�.YI BIN lA} f ::� L�,I Ie-op.11}1 A, R, R 1 AQV"{. XV1 iht;( ;Ur LM `,48, em 4„ e,Z, F: j i• �i'us: fyNl�,!+ITY t.itil I/GN%94 , cityT'►'r.JE:,T hiJ� REJ.fS'ED ADE.0 F02 CJ!gu'1'ii.� _ _ d..r».� ..�em,. 45 KeTIEfiJg _ WATERyTREATWNT R AJTa1W514-LAtIM4 t63,37W 46,2%,03 40 Wi",rICAFGE C FSTER CHEEK RX STATION Fh11 FORCE MIN 375,ON 4 163I.M2 40 KALE WAGE SANITARY LnQFILL EXIPPEXT °elm 46,r°' T.a3 �0 KETChth;N iAALIC UTILITIES NDRDSTRDN - WFJGENCE 637, Bea I,962,:a0 474. ,, ww) 49,261,se3 25 CRAIG WATER SOURCE CONST CCIAT-11 t,472,°R0 Sa,7°,,4,4a; 35 CWfIG WATER SOURCE DEV/DESICONST-I HASTrATER TREATIFM FACILITIES EXGrdr11i1 1,265,ede °iC,A19,4a3 3S CAAIB ttXR BAIT WATER LINE 62e,aaa 52,839,423 &XlJK-:QRTAGE SOME COLLECTION SISTEN t,aaa,aa0 �,633,4R3 G4 2g 6AIAK wan ;;3a ��ssL•ta i its 1+�JEaU is� v,G�1AK . JtS Y,GDIAK 1£UND bOR.610 D:J SCE%TNA i 1:0 Cr:+30 ::a iA:?E►WS Df0 YRTH � ii� t3,�A il3 Nf.+'sR � if i»o�aR � 's0 n.T:AI�:�q D�.JC i3TJLiTIE3 LS'iJ P-ro s85 !E'C:lI��N ��se.IC UtittltE3 ass RE.'Wi :s"!dt.;l.,9 E'�P'11ul rr ,•.Vie AREA It C,r'i►UNITY ZF.hAF. it49HOR AREA UTILITIES EXi's,l' ONS WAS:R SYSTE!! EXPANSION JISFAU-VAklLAS T&TVL-HJ' Vtitc`T Sr.L':5E DNATERINS KODIAK SANITARY LAQ FILL KODIAK SOLID WASTE FACILITY MILLION SALLOW ffSERIVOIR AQ TRtamralCIi VAIN EIf3T CRA16 SMTY UElorER Vi 0A'A IIOL12TRIAL AREA - FIRE RAINS S£ianE Tl, A !Eqf EXPAN3101 .C'IVIER C&EEK 11400TOR OVA 9J'drGN 0451 SEVER is S1 w xER WATER AND 6s" �i:R L'AW3 r.E5-lY Ori4 6R;17E ZE60 LItC., SJP,d a'Irr j;ME pflo Virp 1'j 0140 1O !04, ;*!ASE It, III 36 1.04H Hif►i LAd tirl:J'1b3:CJi W4ER DIS1Rt'WrION AND dASTE�ATER COLLECTION 5017 ;EVER LIME 00 HIE'reRID u,..s 9aa INTF.NCEWOR - LC'✓,'ER R:4ER H:VWAY CEh?RAL 1;VHIY3tLA It:CIhEF.AIIU,J FACILITY EXT fgfj.'BT VVER 7;$FIK E1,,1ER 3TATIG11 - rluou,14 A?-rA A WLLS 1w:'SITE iB!CIt19 Nniti�113/Ytt� llE TE0KE Ito ' LIE CTtt.EGE L:!f. t0lif OFPl. LJ3a7S 6 EfiST OF LAKE OTIS L1:7f.',iN Ili{"!, r wA.iit LINO el"f'11tiJ f,'rE►tr bA1ER t.Prz i✓;YWY,. AIEN LVF- :C! '►I'sii �J':Li1Y t.f't-'si 1J r `1 .-F1'iL i��? w%ii.a � .Lw:n r•..�:T 'a;a 2 536,e42 h,Ei°,b4E 245, 2°.A 55, 8L1, m r,eaa 5C,'.°,f'= 87,500 057, a2.3, :'rJ t, 8", ON 58, 623, f'S., I, ite, eae Ge, U3,1If 110694¢e0 61,7:2,f's. 145, 5Za 61, 8°7, i.3: t, rA, ate 63, :07, FT: t, 4r, eta 64, 53E, o.,- 410'm 64,1424F„ ' F,2,52e 65,ra5, 3S:,ees 65,3@5,:•t Sea, On U5, tea 6.v� 1, 2zt, too 61, . it, t% 552,ma 67,7$1,_.-- 2,eez,m 69,78t,4r. 2,675,es 72,VS, 4>. 15,eaa 72,67:,lkt 550, 6ts 73, a., 4'. 4,7°.,8,em 77,171,4- 410,011 79,231,q'r m,xv 72,411,•: 3W,V+B • 78,ft£,4= 12, w 76, ETO, 7' 14e, t:'a 7M? , ': 4:, to 79, ea'a,'.,'. 34,eea 79,e34,`.- mo, eae 77, 334,'. . 13,°t0 19,346,? e,e,'0 13,273, 32.4, 315 77, 6771 c 37, .m 73,':4, , 4b2 18 ea41;,, m. q ko. 41. - 2'sn'tt0 EZ'-.4,a 11?,eta CITY AX:C J 53 C;;Fl.;:I.7 1 s r35 JU► AU WEST pqpjy.t01A11- VALLEY :hTERCEFTOR PJXE GAY T041. $69,113 84414114: 3,rw!"'NO:tRII KeAR ISLAND WATER AND SEAR t,600,0a0 86,214,14. d:ar NC!£ WATER S<1PPLY IMPROF.,FENTS 2,17°., m 88, 389,14: E35 td� A'MRT UTILITY EXPii�18ION 939,aa0 89,328,14: i38 Atcc;A ANCr� LATEPAL IIwROVENENT DISTRICTS (LIDS) 820,020 90,128,t4. Lve 00 CORDD'JA INDUSTRIAL PARK PHASE IIIC SV4r"R 266,we 90,°..94,f4: 230 30 "C00 DA'JVIEW WATER LINE 72,800 98,466,Ic . 330 C aAR P.L�.o WAITER L I►E 34, 580 98, Sa2, EA: �� pJ-,�R &a-,H AVE�11E 'C• STREET TO ;,P+1A.1 1201000 90,Ea, EA* ti0 i;NX;Ag rj P. 31rrTION WU - ErJdIE RIVER 116 04 � 99,736,64: n0 pr:,VAGE r,%XE •I• STREET 10-100/7TH TO ISSN AVM 197,000 91,9-,CA: �� W�3iDPFisc W1CYEkcy?vj4 Fi;FK INTERTIES 16,820 90,9:@,44: L � W:►::ErcRE SJ-eDIVIS;CN ;NTERTIES 12,8eeAlo 90,563,e4: I L.8 .� y� Aw1c iicST volt'- ig ROAD INTEERTIE6 38,000 -8 Atfi�GRa6E LAyE OTIS/S:R',R:E STREET INIERTIES 42,Be8 91,036.84: i % 4 W.RASE PL.rLIC 4RY.S ROQ RELA cD PROJECTS - 248,000 91,276,Za. »S 6ILLIt" WATER DISTRIEAITION SYSTEM EXPAtrION 648,228 91,91E,24. UO Q-41 PE-SP sJLA !KnM h_N ^SKCIAL WASTE SITE 250,on 92116644- 2a BOL'" Tm STER:.I% ifIGHWAY TO S LAAATOF PROPERTY WEST 98,820 92,264,8E y 2.S A Rw-.-vIEit AVEMls WATER LINE 52,5w 92,317,?i. Gia K-O VALDE2 a:SHED hITARY LANDFILL 0JIMMENT 39,009 92,34703E no r-o'eXRA<.tc ESE RIVER TRA43MIBSION SYSTELYVINTEA:iES 120'em 921467,2 2i8 k►rrL► iE WO7,33K LINE. REPLACBM 138,an �,Era,2' 2:8 YOTIEF+JE W45TE KAT ,REP=ERY SYST84 428,0t8 93,t'e5,:C 2148 y kTEP11ATIVE WATER CUPPLY 750,e08 93,775,3: .18 L7i:t./+a+'A Vt.ID W4STE KPAN-DENTS 12s'em 9319t212"' ?:..•BERRY HILL iiATEP. A•oD Kru ; XE ^So ESS 452,?Z3 94, 35a, :. :55 '!c'AI :!ti'';S:ATi SG21�sH :yiLCN:V, L::o'J'PILL 15't,edd 52, ua 94,°23,?: 94 Iris V.•..SET • Do-D ,mow,, LF_ yiLL CLEl.J:RE RbR :%D ;eJE,,%E BETA-34 "F• ST. X •S' ST. 48, eaa , 94, 62?, i _ I's2 FE o+IYAV 1:ETC.•'VPl SERER Po")24TER SYSTEM NEU AW3 55a,ec0 9511Sele; %41(5+'.E S. R-EJdt TO MWRItr ESTATES 96,2441 93,247,P- :85 �•;,%;., p SKI KILL 6EWER WAIN EXTENSION 137,5e4 95,394,°' ✓ri11WSTEWnTER PROJECT 7,S02,eaa 1a[,2G4j- i n - •:� .+3c $IMF LA.FM E.-GIE RIVER WATER L:"E S ADES res,tea 1e3,IV,e ./5 A••".-:a�rsE :'.PLIC SkFAS ;aAD RELATFJ PPOJECTS 2ea,.'.a te3,ia3,°• ••• STATE -mf NIT-1wAY RELATED PnJECTS Se?,Oii1 103,4 , S73 n'. s'u:�'sG ,TAB: •s:Tfr i+13�IAY RFLA0 P'r.,,,;ECTS ew,em fa3,5+?,- :s.°► A`� h;t;.'E : =i%=R•fSTH PJN7.i_/A:P;ORT fei,eZO 103,7E9,: I EAST 1'aa FEET 116,em :031L;-:1' �� ;,., j,�sj4;E = •: �9 R=S/NIL:C-C3T rQ t:'H �J�'r.1r 257,4N IZ4,142,'' AT-'D *4TER :`' C'Ji.":f1T G: i =i::5 tW:�► �E/•::.0 ?:';c31 L'O,eaJ SO4„i.'., i ,,« 9. ,,,'A �%�:A 2 J iATI„i9 _,�-•••.� 1 6 14a era � 2,'a,e,'a :04,:G�,. :.a :•,� -: �t'IC:'ATrD "UP i.':'::5�:orl :27P1ST (.1D) I 'j 13,.:a i K ,F I ADEC FY85 FUN:A84E PROJECT LIST 1/26/84 CITY PROJECT iW►` REQUESTED ADM FUNDS CLKUTIVE f g85 KL;4CK PNES NWTER/SEWER FOR 1964 &46. N."ro SAG= Bok uw MRr-4 SEEVEA OUTFg1 LINE. FN LwG40N 50018a0 ON, fee Lie K3X ISLAND EGULIGH SERVICE DISTRICT NO. I WATER AN SEWER UPR7VEM74TS 212081082 219U.0 ;0@ L"IA:fiSKA SEwrR'•Rie FA+".ILITJES 1,948,504 4,7A,w4 465 FA:RiAV($ NGRTHEAST FAIRP*MS SEWER INTERCEPTOR 1,888,808 6,798.W4 485 :ART LIONS $A'Nkd DRIVE SLwLR 132,ea0 6,93e.2.4 4u hL :-:rj r.AA SYSTEM EIP PISION 606, 858 7,537,354 475 kDoz, W45-71:1 ER kl<r; K, rx-'ws 271,650 71S@'i.Od4 465 SUSTOL DAY 6rR?JSH Si R PROJECT 628,@a8 8,4n,m 465 -4VAH iw':A SYS E-0 ^VASE 111 1,192,5" 91E2:.°a4 465 VSETCHNAN KEX4!I N SOLID MTE DIAL SYSTEM 29on, ego 11,E2:.% , 4N ,llj.:AJ rcti:'fVAr1. TA IT PUNIT GRIT Cif J%R i D LORI► E CONTACT CHASER 15@, 888 11,771,W4 445 K v:-R Srob SW TRGATrENT PLANT E%P ldSION it508,Z00 13,27:,U4 640 ►. uirAT H '• I%£ MiTER Dc.IVcRV SYSTEM 1, O@8, 0a0 14, 271, W4 442 I'IkDEZ U%'-uRy„ TS SANITARY DAP STATION I8,828 £wlTUR CREEK TO ANXRT PAIN LINE 32,450 14,313,944 435 VkDEI SFALI F= IJ.;.; 4R M*ORT STATION 78.650 14, MW ; 4m y12-;AI PAK WATER IM ilEYENTS 350 W8 14 743 EJ4 C;p va-mm 234,900 14, 977, %4 426 ;-Xc PR3JECTS 410 MiTISG---%CIES 1,772,4H 16,749,W4 , i I I • i II , I f :• i 5 �' Y. . Certificate February 15, 1984 I. Roxanne Lambdin, do certify that this date, using equipment of the City of Kenai Police Department, I shredded official ballots for the election dated October 5, 1982. Under authority of the City Clerk. Roxanne I.ambdin - Ja at Whelan, City Clerk City of Kenai The undersigned acknowledges witnessing both the shredding of the above listed and described ballots. r�� �- &4 z4: Witness nose 61 . r r ` q .. -- CITY OF KENAI P 0. HnM 6110 KENAI, ALASKA 00011 P140NE 10011703.1030 February 15, 1984 TOs Kenai City Council. FROMs Parke 4 Recreation Commission SUBJECT: Ryan's Creek Fitness Trail Items for Your Consideration During discussion of the Parke Inventory by the Commission on February 14th, the Commission agreed to honor a person who wee instrumental in Juneau in the interests of parka in the Kenai area. The following motion is a result of that discussions MOTION: Commissioner McComsey moved seconded by Commissioner Siebert, to recommend to the City Council that the fitness trail now known as the Ryan's Creek trail be officially named the Bernie Hues Memorial Fitness Trail in honor of the legislative assistant in Juneau. VOTES Motion passed unanimously. The Commission further recommended for your considerations the sign that was in the original contract for the fitness trail called for plywood construction at a cost of $240 - it is the wish of the Commission that in honoring this person and the interests of the public, the sign be constructed of redwood, sandcut which would coat $1100. i �I "R I • laska lalMunicinat 103 Municipal Way, Suite 301 / Juneau, Alaska 99801 0 (907) 586.1325 LEgI4tATIVE BULLETIN February 3, 1984 ITEMB OF INTN.RN.B'J' 'to " J(f4 #► 7 Nov AHL Executive Directors The Board of Direccorn appointed Scott A. Burgess, former head of the Fairbanks North Star Borough's planning department, an AML'a now Executive Director. Scott has extensive local government experience in Oregon and West Virginia, in addition to his work in Alaska. Fortunately for the League, he was able to start working right away. Title 29 Activ_ijXs Members of the AML Board of Directors and Legislative Committee lobbied extensively this week on SO I and HB 172, the bills reorganizing Title 29 - The Municipal Code. They were encouraged by the response, but also indicated that it is very important for municipal officials to remind their Legislators how important these bills are. SB 1 is In Senate Judiciary, chaired by Senator Bill Ray{ HO 172 is in House CRA, with Mike Miller of North Pole the now chair. 118 l72 has a further referral to Judiciary, chaired by Charlie Russell. Mini-Cabinot on Title 36 will meet on Monday, February 6, at 7.sOO p.m. in the 3rd floor conference room of the Department of Labor building in Juneau. Diacuealon will continue on p000ible modifications of the prevailing wage rate law (Little Davis -Bacon Act), FWOR ACTIOH HCR 37 - Economic Dovelgeent Policys After making a minor amendment, this Senate unanimously panned this resolution outlining the Legislature's encouragement of investments and developmonte in Alaska and the request for an annual report from the Governor on economic development progress. The resolution new goes back to the House because of the Senates amendment. SJR 29 EPA Variance Renuostas On Wednesday, the House passed CSSJR 29 (Res) am H, supporting pulp mills requests for variances from EPA. On Friday, the Senate concurred with this House changes. '-D l,ogistotivo Bulletin 077 - page 2 11FARIN'(41 House Labor and Commerce -- TaefTur'ndnya, e-b-n npA7. 8145 a.m. 66 67 - Relocation of Utility y Yatilitinnl The original bill would require municipalities to pay the cost of relticulfng uCllitlea in connetion with munieipal read projects. Although the Intent version adopted by the Houno CRA Committee Is mrach better that the original, Houne Labor and Ctmmmereo doon not have to accept that version. gun, note Finance Tuendny. Yobrunry 7L 9s00 a.m. on his - Road Maintenance Oarvirto Went Ate bill provides for the entablinhmont of road maintenance service areas and W4 state fueling. t lento CRA - Tuesday, VabrunlZ 7 3100 P.M. 00 204 - Proprty T'nx N.xemptiant Thin bill changer the senior cftixen property tax exemption program to provide that no more than $150,000 of onnenned value in exempt from taxation. SB 376 • Power Cost Anoiatoneot Introduced by Sackett and Yargunon, thin bill requires an electric utility to apply for power cost nnniotance if 25% of its cuntomers submit a petition requesting parer coat aaatotanco. B 162 Wmitatiun on Kcal, Elected Officinla„Termat Zbin bill would permit is municipality, by ordinance, to limit the number of consecutive full terms of the mayoro and members of the governing body, House Finance - Wednesday, Yebruary g, 100 p.m. j i 8B 255 - Payment of Attorno s Hain bill would require munieipaiitios to pay the coat of attorney services for indigonto charged with municipal offennon, T'hc committee took testimony on the bill earlier thin week, but deferred action until next Tuesday. i." - " iH CUtRiiTTf.B I ,. HB 14 and 00 219 - Permit, Reforms These bills were, hoard before the Finance Committee, but no action was �.�..'... taken. A subcommittee woo appofnrad to work on the bilia conainting of Adams, Martin, and 2harofs. HB 330 - Local flarvice itoado and Trailos Introduced by Request of the Governor, this bill 'smakee minor ly amendments to existing statutos". It calla for the allocation districts to be identical to DOT/PP s operating regions and providen a mechantnm to oddreen the problem of local governments which lie within two allocation districts. 'Hole bill also adds 141191111941 requiring prior approval of design standards, rights -of -way, and widths for projecte which arc constructed an a federal -aid secondary route even though 1 the projects will be constructed by a tonal poveropsnor, that has aso"mad road powers, goo page 7436, 11i House Journal, for the Governorio transmittal letter. Referred to Transportation and CRA. V , OPP ja,. AI INFo##2. . CITY OF KEIdAi .� " Od Gap" 4 r41644a.„ P.O. BOX 510 K1NA1, AtA1KA 99611 ! T1Lt6NON1 213 • 7616 i February 3, 1984 Honorable Don Gilman' Senator, State of Alauka Pouch V 3unaou, Ak 99811 Door Senator Gilmons Encl000d ple>ane find blind copies of lottera to Repreeentatives Cato and Fritz on well an copies of news and editorial opinion C, relevant to the royalty oil contracts. S i nr.&rerl'y,. .--- ' Tim Rogero City Attorney Wind Encinnure j I 0 C r , 11 _ CITY OF KENAI Od 6?ajfaJ4 14 41 a " a, P. 0. 60% 610 K/NA1. MA1KA 10011 11t1rNON1 111 • 1616 February 3, 1904 i Honurable Hugh Malorib Houee of Representatives Pouch V Juneau, Ak 99811 Dear Representative Malonel Enclosed please find blind copied of letters to Represontetives Cato And Fritz as well as coplus of news and editorial opinion relevnni to the royalty oil contracts. Si -Icairely, . �• c, .�m.ftoger}i . City Attorney 1 Wind Enclosure a: iMUYYr7Y.iiiwiiwiiiwwniFi �nir� -�.. •-�:.. F CITY OF KENAI %Od OapdW 4 4"„ I.O. 60x 660 0960104411 AtAiKA 99611 161lPHON6 963 • 7636 February 39 1984 Honornblo Bette Cato House of Representatives Pouch V Juneau, Ak 99811 Deer Reprosentative Cotos Thank you for talking with me on the phone Thursday? February 2nd relevant to the Kenai Ramp Extension and the royalty oil contracts. I woo oorry to learn about the re -injury of -your arm which i ' precluded you from chairing the committee hearing I testified at, but as indicated to you ran they phone, a not of engineering r drawings was made a pdrt of the record and I provided Hugh Malone with a synapsis of my testimony. Should House Dill 401 not paoa, 1 fool that it will be for roasono other than lack of available information eoncorninq need and safety. After discuasing the royalty oil contracts with you and your stated resauons to me for delaying the vote on the contracts, I gotherud no much information from no many people as I could in order to ranch a reasoned and ohj►aclivu opinion of your actions. As you rrsrall, you indicated that your vote to mend the matter back to Committee was a procedural one only in that you have always bnun in fnvor of they contracts and agninst this coalition's i post tsort . You also staled that the reason for your vote was nit t AG'o opinion that the State would be forced to buy back residual royalty oil at a market rather than runtrnct price which is � aoavmud would bps a higher price. 1 cannot carteur with you that yours wan merely n procedural vote ssinra itu at'feet may well proved to have been uubutanlive inoofar no the outcome of the r.ontracta are cooicerned. Further, I feel your Mat#?d ronnon for your voto in your oatuntsible ruaaon and not they real re anott(a). Whs its yntir resit re:laanrs iney he meritorious, j l ' February 3, 1984 Hon, Bette Cnto Page 2 i they are incepahla of ucvutiny so long as they remain unknown= and so long an they Are unknown, Choy will be the object of ! conjecture, ounpiclon, and alleged ulterior motive. i S1fICe'cly, im ftoclurs City Attorney TR/md r P.S, Enclosed please find s copy of ttve Peninsula Clarion of Thuraday, February 2, 1984, containing both an article and editorial on your vote. a / 1 i 1 -- I l 1 1 M L� f f . CITY OF KENAI %0d OapdW 4 41a44a I. 0, BOX 680 N/NAL AtAIXA 11611 TRIPHONI 203 • T/!/ February 39 1984 Honorable Milo Fritz House of Representatives Pouch V Juneau, Ak 99811 Dear Representative Fritzt I'm sorry that I missed you while in Juneau, February 2nd. I had hoped to contact you to discuss your vote on the royalty oil contracts. We are surprised and disappointed in your vote and can only surmise that your stated rotations are ostensible ones and . that your real mesons are much more meritorious for voting againat something so vital to our area. sip. oeTrl. Tim Rogers City Attorney TR/md P.S. EncLouad pleaue find a copy of the Peninsu►o Clarion of Thursday, February 2, 1904, coat aininy both an article and editorial oto your vote. n, I i� 4 l 1 :•--_-�.•fi�Ki11i0i��rwii�iriw�r�ir�ri�i CITY OF KENAI „ail eajadal 4 4ia4"" F. O. 60X 610 KENAI, AtA6KA 99611 TRIPRON1 28! • 7636 February 3, 1984 Honorable Paul A. Fischer Senator, State of Alaska Pouch V Juneau, Ak 99811 Dear Senator Filchers Thank you for the brief moment in the corridor on your way to Chambers on February 2nd at which time we diseuesed the royalty oil contract vote. I am sorry that I did not get beck to your office to check on that AG's opinion and would appreciate your forwarding a copy to me of any such opinion that may exist. Enelaned please find a copy of the Penirrsuts Clarion of Thursday, February 2, 1984, containing both an article and editorial on the royalty oil contracts. 51ncc�crsly; Tim togurif City Attorney TR/md EncIonijre a. � 1� ponbsabaofafoa.Mary lolo A..pow tag...., r �, Panel clears Kenai airport bill A MR appropftft SL76 mIM= for the mittee before moving to tie floor of do 1 city of Kam to exterb tie apron at Ib air• House. I. " . I port has balm pawed uaanlmONly by toe I think may repeasaatativee afro saw f HouseTtadfpotbtfoaCommlttee. sltfve to tie trallto flat the Keaaf ahport Toe bin, Wd#Im by Rep Hugb ARalone, D• how", portladarly ObA fng the edmow Kenai. pawed from IW committee on hauling wagon. There are many of a that Thursday, aeeordbg to eommfttee member would fife to see tlm state make tone Woo BUMOZYMMM. of hwestm bthatbrfag atastfag beaefll," It wHI be reWmad by the Main Com• ONMueldsaid. It w Y 1047 V 9eve, f-o (00,f) 202-4624 LW Materings and Qual5be Control Testing January 25, 1984 STATEDIMIT OA City of Kenai Box 580 Ow 0 Kenai, Alaska 99611 Kenai Gym Testing/Blazy Project No. 82260 Laboratory Proctors - 1 0 $265 0 265.00-,' Densities - 21 @ 045 945.00.-, Asphalt Densities - 7 @ 045 315.00,' Asphalt Extractions - 2 0 $140 280.00-' Trips - 6 0 $30 Total O1f985.00 RO PY 7 7 Y, S-O ovP� by X ela I SkNATNR MUSS STUIie:4l. MSK1 107tj 11t1N INKAIN AWIPRMtE, Al A AA .n;A HN14TT15114: 1 HAtA 1 I . January 24, 1984 h1laO114 6tate legiolature . t �enilte W1.4 " I u a 110 4.11 V II INFA11, ALA' Y.A 'n+11 I'V7140,1414 The Honorable Tom Wagoner Mayor of Kenai P.O. Box 580 Kenai, AK 99611 Dear Ton: Bill Brighton sent me a copy of your 1984-85 capital improvement projects and information on the process you used in developing your priority list. I'm impressed at the thought and public process that has gone into developing your legislative requests. As you know, I have a great deal of Interest in the Kenai Peninsula and am interested to see positive development taking place. Although, I'm not a member of the Finance Committee during this ae14aion of the legislature, you can certainly count on my positive attpport for your anon. T continue to work closely with Senators Cilman and Fischer as I did lath year. I will he vocal in nuppnrt of. the Standard and Tesoro royalty contracts. Again, thanks for sending the Information. Kindest personal regards, Senator Arlirs3 Starrptlawnki Senate. Watrict F, Sent A 0 COMt,•ir+ri:$ OIL A GAO- --:u CtiAllh .;001i VP AFrA110 -MIX CHAIIb LA6004 R C01.0.11 PIT NVIOI)tl IC!" 13 Friday, 1984 �ilHl N po --•,� Ala-dw :A; lv Kegislalure 9 IanA � 7 h �.L�Q22,lr.Qa�;;. . 'ft'p•e�:J�i% dti At1GNONAr}C L`t 7y ANCII(AIME, AK U54t 1 I, ��p114C ni ��I'prcntvlhllllt{'4 �` JUNI;AII !�i,,. NPOUCH AHK9 JU9611 (007146y,4Y,4 .JOHN J. COWpCgY 466.4006 Uli.lwv rjoin Honorable Mayor Tom 41r,goner City of Kenai P.O. Box 680 Kenai, Ak. 99811 Dear Tom & City Council Member,,, 1 appreciate your kind wishes for a productive± second half to the 13th Legislature, and your brochure which outlines your cities capital improvement priority requests. It is well laid out, and makes for eally reforence. I have been very impressed with the work of your representative from the: tt)eninsula Dr. Hilo Fritz, As you know Milo is now on the (louse Finance Cummai ttee, and I will be looking to him when the final denisions come up, i'ty wish!;^, to you and your City Council for a very prosperous 19fIQ. wirr�l+ t:iy, Jahn J. Cnudr,ry R1''pr'-Sentative • (•i�1:Y11,t' i! •� /t`�►�Vlla KENAI PENINSULA BOROUGH • `a eJS7e910REGui.AR ASSEMBLY MEETING j - q Cij 4 +a FEBRUARY 7, 1984; 7s30 P.M. Nrip .•r,;e BOROUGIISOLDOTNA, ADMINISTRALASKASUILDING ? �ti1. AGON0A 1R Assembly A. CALL TO ORDER Cich ' B. PLEDGE OF ALLEGIANCE Corr i • Crawford • . Dale C. INVOCATIONs Rev. Jerry Moddors, Church of Christ Dimmick Soldotna Douglas D. ROLL CALL Glick Joan E. VACANCY, DESIGNATION OR SEATING OF ASSEMBLYMEMBER Koono MGe F. APPROVAL OF MINUTES OF January 17, 1084 Nashhnn Sowell 0. COMMITTEE REPORTS Stephens Nall! a Finance (Crawford, Carey, Corr, Dimmick, Glick) Arnoes b Public Affairs (8owall, McCahan, Stophons, Carey Douglas, Dale)' (c) Education (Kovno, Valli, Cich, Nash) d Legislative (Dimmick, Artless, Joan, Nash, Crawford, Sewall, Keene, Glick) If. AGENDA APPROVAL I. ORDINANCE UEARINGS (a) Ord. 63.93 "Rezone of Proposed Lots 1-5 of Block an ots 1.9 of Block 2, Strawberry II1,11 Hatetos Section 6, TSN RION, S.M., City of Kenai from Rural Residential to Genoral Commercial District and an Amendment to the Kenai Land Use Plan" (Mayor) J. INTRODUCTION OF ORDINANCES (4) Ord. 84.9 "Adding a Now Section to the Subdivision f-1 ni meu Setting Out Procedures for Vacating Public Utility I:deemealt, Road Rights -of -Nay and other Public Areas" (Player) (b) Ord. 84•10 "An Ordinance of the Kenai Peninsula orougX Jiuthorizlrg and Providing for tbo Issuance of Not to Exceed $16,665,000 of General Obligation Bonds of the Borough fur the Purpeso of Raising Funds to pay Clio Costs of Scholl Co.lstructIoil fn Cho Be rough. Fixing Details of Said Bonds Provid- ing fur Clio Form and N.snner of Sale of Said Bonds, Pledging the Full 17eith and Credit of the Borough to the Paynent Thereat and Providing for other Details of the Bonds" (Mayor) (c) Ord 84.11 "Amending Chapter 2.00 of the KenaiPe-hi'uTa borough Code to Provide a Consent Agenda in Assembly Meetings" (Sewall/Glick) J t .4 . f . Tif4J'.'v/ib�i)i1(tilCsYtJY'oC�4A.W%ie',A7,A �'''4fX+�:�ebN+Mit�9'i".d:Y.fttJ�isMs.. h ►, asasn,l.nArlu;l dP NL:iULUTIUn;� �` (nl Nnt, AI•S1� e{ "Authorltin{ n Notlstod Land Tale Whip" (Hirynrlr(Lot 36Sjn(VosipenedOda tI 17jnAn►e A. i (b) Re A4.1 "Bndoteoaant b1/' the Assembly of a tong pV Ication byr the Sour Creek pi►e servlae Ares for Funds for purchase of equipment" (Mayor, (c) p��A M1 'Aasen41111 the Allocation of Municipal * an Funds Provided In Resolution 64.4 by eM,> Transferring $7,100 from seldovis Landfill Access ".:e:•" t: '::. , Ruud to North Anchor KIM Read" ("$yet) (d) be. 84.14 "Oranttng a Temporary Construction Ve7rolf to the City of so, atl1l1a on Borough Patented Land (o► a Sanitary Bewef UN station" (Mayor) +•� (el a, 4.1 "Granting on ga44ment to the City of u ulna g Peet to Width Across Borough Patented Land fo► the construetton of a store Gower" (f) ppas 64• a "AuthoNging sn A{reeeent Between the i�ca e u tasks Department of Transpportation and public Yacilitles and the K4nrt Venlnsulr Ga►°ugb ray maintenance Pacilitle, (Mayor] Now flamer Mt{ (gl nA.91 "Authorlting on A`rooment with Colo. rehiteets for the lest a and Construe, Clue insyaction of the flamer Iligkway maintenance prell/ty" (Mayor) (h) let, owl 6,4ranting a Road Basement Across akesI. odL(arj the Construction of mcyLsksRo"myo (1) ppppa�. g4• I "Authofiting Payment to Richard and ull�e ly a ayllot in the Amtobst of 1:1 400 for for rsorlldlrtm far r)glght•ol•kay on Lamp�lght Road. ()) s AI.2= "Amending the Allocation of Municipal .rant f(e�nds VfovlOtd Ln Resolution {S•140 by ioriheorriaLoopll121,be Roidfrom eel, (Lori Project (k) ee 1• "Approving Construction Documents for ru rn Rleeentar school protect and Authors- etdie{p°tcltoat to Proceed NiltheSdhaii(N:yor) (1) as 'Designatin the flowspopsf and Avoid- ngg0 detract for tha Publication of the Prguergy Tam Foreclosure List (of the tam Year jigs andthe heuollnquont personal Property Tam (ml �� , 4• "Requosting the change and Design of (Der arConter Turn Lane" body fleet to Provide 44 "Requestin the state Board of Fisheries Ruf (0) n •fittings on tho 90021 Peninsula" (Oslo) (a) R , 4. 9 'establishing a special 00m►tNe of far Chrngesytoosales Tax. Ordinenco4De" (Arneit(Ions (P) Rrays 4rn Othoe, rgoduretu60 ContrtnedgIn Assembly 2Mmbi0,e19 J."(Olmmlek, LoSitlstiver 1004 so lsed C ref.) December (y) P.er A4• "to Support of Construction of a 1!2file � :)r�� (Crawdoildrlth Gategs In Homer, Alaska (r) .;°( �w ri+(n Borough patented Land tto Floyd$►,o mill" (Mayor) (t) Tuveo'if'j'nT Tax Creditttof thealMvelopnontAnle/el flatuirdl A14tia-t(m4Y4r`dad aRa9` ProcooliRefuurceauevcCoon le ,G't;ftl'�'t� +kM.�H::^.41' :' ``✓,2-`r.!2t 4 FWA r L. PLUDIUIi L1,61: LAt 11)U (a) Ord. 61.02 "Repoolino Chapter 21.12 of the Kenai Peninsula Borough Coo Portalning to Prohibitions I Nosloua, In)urfous or Ustardaus use of Pro - party" (Dieelcyk) (Re( Plan Coon 12.61 Ren 1 mo.) (b) of itoska i reVlenning Damian from (DI:nnoY)Ditof PubaAlllsbCoelts nlnllthlk, Al•ek•" (c) Powers andlAmends ofKthelSouth KenatrPeninsula Ilospftal Service Area Board" (Nefoh•n/Bala/Scephana Dienlek/Jean/Douglas/Valli/Gi ck)(Ref Cate$ 1.6 intro) (d) Ord. 81.6 "Atcopting a Grant Win the State of Alaskd In the Amount of $75,000 for the Preparation of a Coastal of at Plan and Ap raprlotfn`` if6,181 in Notching Funds" (Mayon floor 2.2i (0) Ord, 4e-7 "Raton of Lots 1.10 and 1111-40, Block 22 Original Townsite of Deward and Us@ NorI (Mayor) Hear 2.1ilon of the Lend (f) Ord, 8e-6 "Amendments to the 80140tna toning of �rdtnineei�'t(Nayoij Niarele2furough Code IS) Ord. 51.1 "Approving the Purchase of 5.46 Acres of Land Ad)acont to Ifinilchik School and Appro- priating punde HOC•esary for $be$ Purchase' floor 1.6 (h) ore. 8e-5 (i) ng"Pnactlns g80 now Cn•of R•Butstfng the 0810 Coda of Or tnsnaa 1cn. /i�viephoeh6Glickerougn outside Cto(nnGlick) SO ilnanals(iard5 Per lelttegotiaedL,dS" (Ia.220) K. FORMALI PREGINTATION9 WITH PRIOR NOTICE UPOU NAT1995 ROT Off TOIII. MAYOR, S REPORT (a) Manor Ilighw•y Maintenance Facility Contract (b) Komi Elementary 6 Momot If-S. Blescher Replacement (c) Dotdetna nigh School (d) foldovla Ochout Addition Change Order (a) Finance Report, January 0. 0111EI1 111151005 (a) Furniture and Equipment Listr for Mol)eft Canyon, Kolifornsky noaah Otsrling, Ousan B. English, Cooper Landing, (I tskl and Tustumens Elementary Gch001a (b) Kona LangloY, Apppeal of Planning Conmisa(on Decision on fig is of way vscrtson P. ASSEMBLY MID MAYOR'S COf0B416 U- NUTBLCOJIT INC•UTIII THE A03010WO ABBNDA UPOJI MATTERS R. IIf10MIJOYAL NATLRIALS AUD REFORTO (a) Letter of Rosfgaation, David Cfch (b) heiyceil,soeen nespfrratCtofKntphCervat,Powers s. NOTICE Or NkKT KLE.T1110 6 AOJOUpUNENT (February 21, 1981) .i ii 1 "/ r P = I -V Y CITY OF KENAI 4 P. 0, 809 600 11NA1, ALASKA 99611 TILIPMON6 203 - 7636 CITY OF KENAI " 0ACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOIYTME:NT TO COMMITTEES AND C01414I55IONS NAME OF Reaident of City of Kenai? LiE'iIHow long?� ,tu a"tQ Home A c1 c1 r La s a Tel. �Ipi ; Duo. Addreas Tel. C , Name of Spouse Prenently employed by •r Job T i L I e Current membr.rnhip in organizationa: i 1111:(t orgalni /at iunrll membarnhip; �. O1'.;!{�'L�•,�e< iC11. a�C�`:iCr,l {tl: /''—•�%•��"�/� L �'�t".. eat_,.—��--+1. • '� ll�llal, 11 (•1 G�� l r r , fill I'nlnl Ilnuning 14titn Authrtrized hV Rnlldlnit herullto and Ihdttle Cuntrartn n/ Io ReReIveIntl Alnn6a Ilrllnn Arenn It/ An, b•• Ib•f b» 11111- � ' ` Ife- Ifl,t- v111- Kill - It's- io.. Pill P11L- !i,' ( � lull+ , 7.n t+,,t11• e) d+,vtl 1I bnn;lrn Ilni_nnn 1rr nen!i nut lout 41111k bqe (mif: pier on 1' lnlril Iht4 Ilvw•• fill.. Pit RIu111- #lost^ Viol- 111.1111+ Tool sit via nrd wny nos Ilrg grit oil !I/ 19/•I I,bw,-' 11 6/.'1 / G I'rl 11 94 I(u• 19 II I 0 to .lUi I'tl1 I,n, r„ if It I1 1'I I'I ?''1 71 Ir,i 7.1 15 % 1 8 In ,, 45 i 17 441 72 I I9 9'I l/ 2 I 19 /� 1 1(r fr 6 4, 115 416 11 11 ;0 It, I'I Ili 11 7 li 11 1 117 11 b rl 1,1'll 41,1 1'1. 17 172 25 IN 41 7 2/ 1 4 104 '17 161 16 4,101(1 Iv/4 i,,11t" 1'► 10 11 11 151, 1IN 107 143 IS 11 5 '1 64 117 Ifs I0 ft,P,15 I'llh 1,101's 9 1,Int, 4 60 7111 1(11 121 7/1 Y7. 1 1'1 IL 11l1 1'f0 J'I 1/i fi,6'02 I')11 /.sell 12 l,ir,1 5 111 41,9 A 1/It 2111 7Ci 14 !{ J9 161 111 31 9 0,1owl NA I... : f 14 Wit, ri 94 I'll. I (if) M/ 2 M 175 71 9 16 106 69 14 6 5,469 11) PI I.411 1 C, 431 9 130 356 47 110 Sol 6R 21 22 50 61 2 40 '1,'1 6 2,943 I, 1,/ At 3114 11 55 1110 1.0 lnfi 73 21 10 A 2 60 6 30 32 5 2,60(t Iv+si ,517 I4 7+16 7 46 491 44 161 64 44 1 7. 1111f 3 56 1)4 10 5124) I•,/+,1 11 644 1R 79 "SI 104 P..'17 177 lf{ 19 1 14 51 0 112 15 19 11,119(1 0,/''' 111 192 1119 '!Ifl A 309 132 11t :Il. 5 3b /7 161 25 30 1•2.719 in•, Ii 2 - 1' 71 If 11 I I 0 it p 0 0 1 0 211 is b, 111 0 5 0 2 fl 75 6 0 2 0 0 4 (1 p 0 1117 f1,1, ),I"1 n 11 1 46 4 (in 6 7 1 (► 2t 4 2 1 0 115411 A1.1, 1,Ir; 7. Ill 9 M6 62 Ill 211 0 1 7. 1) 7 :14 1 0 1,451 Ilty, 1,711 'r Jill 21 159 A 51 I6 / 1 1 1 7 20 1► 0 1,wl Innv 1,1G'r 0 281 12 11112 29 1R 14 9 7 1 2 9 11 6 0 1,f171 1„IY /)•', 11► JIq 14 113 23 3'p 15 1 1 0 2 9 i0 3 26 1,Olh A,nc. I'm 2 'i1 21 112 111 11 1/1 II 3 1 0 6 41 1 1 1,572 !;• Is. 1 Iv I 69 11 .11 17 12 t i t 1 1 (I I, 1 Ili 2 0 I ).,6 n: t . E Pit •i 1i 9 6/, 44 17 12 14 It to 1 9 11 2 2 568 G"v. Ilrf 7 15 2 1117 7 16 ,, 5 0 0 1 13 0 11 1 121. U••r , Jill I 4 1. 11 0 R 5 11 R 0 11 0 11 0 0 159 it/ Ili Itr,tt•n aw bI 11, bnn,•ff. nddit Innrt, and cnoverrtlnna where reported. b/ 1.Is, Ind••: r 11V re'•1 fin14,u111 rrt•en c-fir.!,Inr••I fir An,: top rv1•.:, pnlrbnnin, ,lotfieau, P.,tell Ikan, Melt0, and 511ho. rl I to imL• , ,, lily I„ J,1ly h•,:.,r •, I,►nnf:bt Itlt,r lfu• lit, a I,. 1't74-14/7, d/ 1n1.+1 f„1 11, ar...... only fir shlr!r cnuplefn data ,,n• •Ivnlinl,l, . '1nn•, •II 11••; t^•t• 1, ,••ul: n•; n'1 {ren. a, 1 ��ii�■■��■■aifr I r) I • " XiMai ICOHAMu,Z«y XttT4%y A PUUI.IC MORARV IN 69MVICS OINCR 1040 163 Main Street Loop KENAI, ALASKA 99611 REPORT FOR THE 14ONTH OF JANUARY 1984 Circulation Adult Juvenile Easy Books Fiction 1W 312 961 Non -Fiction 1579 169 152 Total Book Circulation 4 387 Films, Phonodisen, Pamplets, Periodicals 441 Total Circulation b828 Additions Adult Juvenile Easy Books AV Total Oifts 100 4 7 5 116 Purchases 105 39 33 1 178 Total Additions 2911 Remedial and Re -worked Booku Adult Juvenile Easy Books Total 52 15 11 78 Interlibrary Loans Ordered Received Returned Books 4o 6 AV 51 51 41 Interlibrary Loans by Our Library Total J17 Volunteers Number 29 Total Hours 527 Income Fines ring ;Sale Books 563.35 r,o st or La laded Rooke 55.10 i e ru% 186.75 Donntiona '352.95 Refund to #8o66 5.00 Total Income for January 1934 1163.15 1. I , ry <• 7 Kenai Community Library Library Cardn Inauod.. January, 1984 Kenai 153 Ooldotna 38 North Kenai 21 Kaailor 2 Clam Gulch 1 Nikinki 1 Homer 2 Total Carda Dowd.. 218 January 27, 1984 "`' IF !r Jack LaShot, .f; pECOVfp Director of Public Works ''' city of Wind city of Kenai `1V. publlu VJAS flopL ,•.. P,d, Box 580 � w� Konair AK 99611 ,. 0LJ Res #8334 - lot b 2nd Streeta - Pay Eatimate No. 4 fRos1 F K C oti.r 77 Co, ©oar Jacks Attached if; a copy of Pay Hatimato No. 4 for the above project, Although the project is shut down for the winter, the fencing subcontractor installed fencing after the shut down and is roquosting payment from Prosser. Wo approve of this request and are forwarding this to you. The contractor has requested reduction of retainago from 10 percont to 5 percent, i am recommending that retainago be held at 10 percent in view of the fact that certain items which wero on the lint of itoma to be comploted prior to winter shut down have not been comploted by the contractor, Thctao items, Including trimming and sealing the sidewalk expansion joints could load to problems with ico in the expansion joints, we will not be .able to determine the extent of damage, if any, until after (spring breakup, If you have any questions regarding this please contact me at 283-3583. Sincerely, Wm. J. Nelson h Asnociaten 'ff lm. J: Net non, P. t:, Pr ncipal jer attachmsint: • Ar Ll •, �, r 4V ..__._.._ i r= t r= t PAY d' - .. �C �� �y�Y000. �'oJ��:i�,L f � .. ESTIMATE H 0 : 4 ✓ CITY OF KEAN'AI � , , Project _ FIRST AND SECOND STREETS, PAVING,, STORM DRAIN AND SEWER IMPROVE14E:NTS — 1983 Contractor ftooaar Construction Coinpany Address 1360 East 71:st Avenue Anchoragn, Alaska 99502 ___.. Project No. 8334 Phone 344-9223 Period From 1A/22/83 to 1/26/84 ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE � Ul Original contract amount S 566,230.00 V Net change by change orders 6,300.00 � 572,530 00 ✓�� \:J Adjusted contract amount to date M ANALYSIS OF WORK COMPLETED � Original contract work completed 475,872.80 ' ® Additions from change of-durs completed 6,000.00 �i J•faterials :stored at close of pr.riotl "0" Totsll 0.1t'oodo,, r 481,872.80 f.C:;'.S retaina';n of, a 10 percent 48,187.28 ✓ — DTot;il--at•ned 1+.':;:; retai.n3goO ti s 433,685.52 li` IC:;.; ar )(111t or 111'evious 429,184.39 ✓ 4 l 4 5A1.13 1 flal.rn:s' due this; p;r►•riont �'. . I -_Prosz er Con:;tcuction Company __ -. �srdiinurrftsis Page r f)I .) PAY ESTIMATE N0: T ; CERTIFICATION OF CONTRACTOR 4.4ufdinp /af the best of my knuttlydpe and belief, 1 certify that all items and amounts shown on the face of this Periodic F.stimase 1 for Paftta) Payment are correct. this all work has been petlormed and/or mitunal fiuppiied in full Jccanlance with the requitemcnrs .11 the referenced Contract, And 'of July iuthortted Jeviations, subefitutfans, alterations, and%or aJJitions; that the forefrofng Is a fill& anJ correct stmemani at the contract account up to inJ including the last Jay of the potiod coverall by this Petfu.iic F.stftnate; that no pare of the "llilance uue This Payment" has been racanud, and that the undarsigned and hie ouhconiractore hav0•(Cheok appiloeble I1,8e) a. C— Complied with all the Libor provisions of ssiJ contract. b. C' C.ompliaJ with all the labor provininnfi of said contract except in those in•itances where an benefit dispute exists with re- spuct to saiJ lahor p(Oviniuns. (if (b) le chocked, deectibe brtellY notu►e of dispute.) j FROSSER CUMM, a rHTUNCOMPAN 1— % tfllsneture of Authorssed Representative) t 19 r . CERTIFICATION OF ARCHITECT OR ENGINEER tcuitify &has I haa•a chuckeJ anJ verified the above and ►orugoing periodic Eatimise for PAtti.11 P.1yment; IhAt to the beet of my nowluJus' and beliu( it ill a fruu and correct fstatement of work purformdd anJ%of m.114:6.11 I.uppliej by the cuouAetur; this all work and"Ur malarial include) in shill PcriuJie Fatirnate his burn inupaesu.l by me anVor by nsy Jury anth hived repre+entative of a..i•Itanta in.l that if hie Worn petl,fftnuJ inJ/ur hupplied in full iaco/'Ance frith ruquuenirnt•s td Ihu tcfatt-ncu contract; anJ Ihis p.116.11 piy'mvof ulAaoeJ Jnd tequt--,fuJ by the contriclor is correctly cdnynsteJ an fh.: bi+In ul teak perfurmuil .1nJ'ur miss• his napplied sty J.I,re. Siunud - /' IArrbil.rr M vv}n,Rl¢n PRE -PAYMENT CERTIFICATION BY FICLO ENGINEER CherA type of puy.nonr anrrih... 1. 1 hJrc eht•ekr•1 tilt, t,t1.1111c it:sol-.t thv tantraetiit', i.lffr,hrb• .11 slnt.00dn for C,atinfcf 11.0i'MI-111., the natcv JIIJ rep.use .,f my •• In••pt•rtl.,n. ..t flit: l•r.,IV.,. "a1 tilt beet. 1i: frt•p•.rf, ,utirltffrJ SS the .tit hitref un}nu•ri. It I• my .+piston th.ts slit ,l.ltt rlant it -A"tt. 1•.}1df LIrJ .Ilt.f "r nr.ttart.tl'. col•;•lit'.} 1. .ta. tie Jfc, 111'st LIr 4.,1111j4 i.If i, „i...a'tt/n t: Ilia' ot'tlolrt rat' Ito I ul OW'MMU-6.3. iitd ihit flit- euntriator +s..,uhl La I•,ff ; sbt• ."mane tequv'IL.l .tl .•e t•, " I .&rats this .111 ttork in.; •• rriariil, unitr the conttict hi= :.en ut•.yrarrJ b♦ mu ./u.I (flit is h.y4 h.•tn pt-tfarihc.i An.l "it .u;•- plfa'J to Iu!i A.atrdfit-V '.t.ut fill' tt.laltrmvnt•. Lot tilt 4:11nt.t.1. rF,.1.1 En'sineetl (Vale? 1 � t•tnt rJ tt',.nra• unit iJth. r+t ~�^�r^—�tliattrr —rr .f•� f t H + Y _ r.�l 11��J.► .7 �/C op /O Opp �O 9r TIPPETTS -ABB TT•• Mc CARTHY-STRATTON A f *w..,wox it ivnivaviDv - - rw:►varna IL .... City of Kenai i Pout Office Box 580 Kenai, Alaska 99611 Attentions Mr. William Brighton January 26, 1984 City Manager Invoice 150-5 Engineering Services - Financial Analysis and Outline Doaign Study - Per Agreement approved on May 31, 1983. Periods December 1983 Task i - Demand Analysis & Facility Inventory - $10,700.00 100% Complete $1811700.00 / Loaa Previous 9illing 18,700.00 0 $ 0 Task 2 - Harbor Functional Requiromonto - $8,000.00 100% Complete $ s,000.00 / LODO Previous Billing 8,000.00 4� 0 $ 0 ./ Task 3 - Environmental Review - 012,000.00 95 , Comploto $10,450.00-' Leon Previous Billing 9,250.00 7.1200.00 $ 2,200,00 � Task 4 - Conceptual Dooign Altornativen - 036,600.00,00' 100't Complete a36,600.00� L003 Provioun Billing 36,600.00 0 $ p / •• •� •MVY• .��YMir .-•MM/. •7 •IVNN�Y,rIM�• ,Y .... '•IiC /,. ..,.,�Ah MIi1-��'.--1. w.��.�S�r�•My���I 4791 Of SINESS PARK lsciVLk�:�KD, 11:J1'Y. 0,%,y Atil10RAUL, ALASKA Vllio3 � '1104 110XK 19071 302.2822 . City of Kenai - ?. - „ Task 5 - Preliminary Coat Estimato - $8, 500.00 Invoice 150-5 i � 100'e Co 1 to $8 500 00 � Loss Previous Billing 7,225.00 i ` $1,275.00 $ 1,275.00 0" Task 6 - Financial/Benofit Analysis - 020#100.00 90% Complete $18,090.00 -0, Lees Previowi Billing 16,080.00 -- $ 2,010.00 $ 2,010.00 Task 7 - Analysis of Preferred Alternative - $15,400.00,0' t 90% Complete 013,860.00i Less Previous Billing 12,320.00-,0' $ 1,540.00 $ 1,540.00� i Task 8 - Report Reproduction - 017,300.00 � 40% Complete $6,920.0000' Loss Previous Billing 3,460.00 � 03,460.00 $ 3,4_ 60.00 -- Total This Invoice $10,485.00 TIPPr:TTO-ABBETT-MCCARIPIIY-STRATTON A Profesnional Corporation Attachment summary f I KENAI HARBOR - FINANCIAL, ANALYSIS AND OU'1'LINS DRSIGN Period = a��omi�np 19:33 Inl ;�)� voice 1.10. 5 . .. rank 110. Baecri Lion Budget Toni]. to nrovious Invoice Expend turn This Month Dato 1. Domand Analysis and Facility Inventory 10,700 ,- 100 18,700.00 0 - 100 $10,700.00 2. Harbor Functional Roquiromonts 8,000 100 8,000.00 0 - 100 3. Environmental Review 11,000 .- 75 8,250.00 20 2,200.00 95 $30,4w.00 • 4. Concoptual.Dosign Altornativos 36,600 100 36,600.00 0 - 100 $36,600.00 -' 5. Proliminary Cost Estimate 8,500 85 7,225.00 15 2,275.00 100 $ 80800.00 r' 6. Financial/Bonofit Analysis 20,100 M' 80 16,080.00 10 2,010.00 90 $180090.00 7. Analysis of Preferred Alternative 15,400 80 12,320,00 10 1,540.00 90 01 3,860.00 � 8. Report Production ;7,300 20 3,460.00 20 3,460.00 40 6,920.00 Totals3 r( $135,600 r 81 110,635.00 77 10,485.00 89 .M1,120.00 . - � z -- -J= - i> • :s�wns+r�nc.a�.t;.tw�w►,.�rafy,�rtrnr� ••.MassrMrE..t".•TDA�tw/Jin.r./P1:WsAAyN t 1 1090 *#/3 An or 2/b/84 V- II Original sponsors Labor and Commerce Cormi t t ee IN THE SENATE BY THE LABOR AND COMMERCE C0112,11TTEF. HOUSE CS FOR CS FOR SENATE BILL 170. 67 MC) Ili THE LEGISLATURE OF THE STATE OF ALASKA THIRTEENTH LEGISLATURE - SECOND SESSION A BILL For an Act entitlods "An Act relating to the relocation of utility facili- ties incident to the construction of highway projects by a municipality, and providing for an effective date," BE IT ENACTED BY THE LEGISLATURE OF THE STATE. OF ALAS1CAs * Section 1. AS 19,25.020(a) is amended to rondo (a) If, incident to the construction of a highway project, the department or a municipality detorminoo and orders that a utility facility that in located across, along, .over, under, or within n [STATE) right-of-way under its Jurisdiction must be changed, relocated ` or removed, the utility owning or maintaining the facility shall change, relocate or remove it in accordance with the order. The order I shall provide a reanonabie time period for compliance. * See. 2. AS 19.25,020(b) is amended -to reads ` (b) If the utility facility is not changed, relocated or removed in accordance with the order, the fael.lity becomes an unnuthorited i oncroachr,:ent and may be disposed of in accordance with AS 19.25.240 - 19.25.250, In addition, the owner of the facility shall indemnify the 74 state er rnt icip.tlIry for any amount for which the state or municIval 26 kx may he liable to a contractor by rvoron of the encroachment, za See. 3, AS 19-25,020(c) if: ar..cndpd to rung:; ?t, (c) The ,:n ryf t!:'•t:f'u, COlOCut;r,t;, or reM.o•.•al, ar &•finell In 7P. Af 1945,4G:(»), necessitated Ly ble.hw;ty conf;truction, is a cost of 79 hi hwa construction to be b Y paid by the state or runlclPnlit�r (It: a �Md4w t:•,.� . . I ,• 1 ACC,ORDANCr WITH AS 19.45.001(4)1, notwithotnnding the terms or pro- 2 visiona of any existing permit, agreement, regulation or statute to 3 the contrary, exccpt that, n municipality is not obligated to pnv the 4 coat of relocation of utility facilities that are loentnd in a munici- f �• 5 pal right-of-woy iunloas ;_ a (1) the facilities have boon placed in the municipal i 7 right-of-wny under a valid ennement or -permits or ' Tlr it^-S•�r�!'1t.{•l !>!I•.I.�II.!; 1�fs! A44 6 (_ 1 the facilities were placed in the municipal 6 right-of-way Worn the municipality had a system for grsr'-`j fei enaements or permits for utility fneili.tien, 11' * Sec. 4. AS 19,25.240 is amended to reads - 12) Sec. 19.25.240. SU.*1ARY REMOVAL, The department or n munieipal- r 19 Ltj may nt any time remove from a fSTAT91 highway or road under its `�'n •- 14 uriodiqiun an oncronchmant that (WHICH! obstructs or prevents the ie une of the highway or road by the public, fe * Sec, 5. AS 19,45,001(4) is amended to roads s� (4) "cost of change, relocation, or removal" means the 1ai entire cost incurred by the utility proporiy attributed to the chant;a, . F ;;• ♦Jtiprf.-•,f„i%id.Y=IN �w nYl •f', I.i:.Iti•,-4•M lo' I, relocation, or removal of a facility, lens any conto for improvements 2:; or ttppradi,ng fiver and nbnve the coat of is functionally equal facility$ if a facility in to be rvlecated and replaced with new equipment. 22 there nhall also be rubtrarred from the entire cost any oalval:v v,11ue 23 derived from the old facilit;Js is n fr.cillt_:•'rt aervtcc lift, in ext�- .. _ .✓ 24 qd by -11fr 4/nr1: l!e'1e tn_^It:.h or relocntt,�lt 1_rercer,!.-.^.0 r•giiii to 25 the_tq'rctrnr=,�_c O ez!..ncir•i rf �1'f--f1r_i11t;' sc•rvirt, !i`n rha1•c, nnittr'.ctt�d. rron '`_`_, rn--j 27 ., rf•., h. 1. t'.. .C:;..::•, `. .. !.l is .r, f1 `.'. �_:..•y :uc:. i•;� ri*: ca- 19 f:[1: P,•.... ...,ffC�.i'.�t: ... .. .. :.. .F'J `vCt w.:cis ..... ,tit... bonds have been .fp;!raved f•r far whf of rt att, general fune arp rop r:nr.i•)ns " I HCZ C: Sb 670,60 -."- -- U 'n n I 4F I I l -� •. j .• , _ r r • r ..., j. 1 ,.. ! have boon received before the effective dare of thia Act. r " Y * Sec. 7. Thin Act taken effect July 1, 1984. 3 I•-�- r" o ' 7 /70iYrII11�M{!!Q¢i:i9s%Jf�Aatifi�3d+S%1f� 8 9 13 14 Is ,. 1 .. 17I :i ' • �'.y+►.G{I;!'.,y :r•:.:/�Sr.'N'v' `rAV7 L►�'vR�.4 le.l 201: 21 F. - 77' 74. 70: i1 76 71. �• :a i 4 I i ' Pc-i CS2 4P7(L&,L; • f y� ,I ,VAI PO CITY OF KENAI %Od 6;ay-2" 4 4"apl P. O. SOX $60 KINAI. AIASKA 99611 TRIPNONI 903 • 1630 CITY OF KENAI BACKGROUND AND PERSONAL DATA - CANDIDATES FOR APPOINTMENT TO COMMITTEES AND COMMISSIONS ♦.J Roaident of City of Kenai? Haw long? ,L-7 , ,tvnoo Home Addroos�i� t� F11c��( �,��� Tel. -2'%;'4• Dun# Addreus pow1-a1 '702, 144•,4.s Outo Tel. 7211/a Name of Spuu98 `; \,Sl�ct�� �'�..�., LJA� cwt" Pro 0 e n t l y employed by k d L4.01., ,t C....Wr, r. � I�..._Q (' �tr . �a"t c. ".n NnA I Job TiLlaq_c'.r.'�'ee.�e... d�•ic.a.�. Current momborahip in organizationss Print organizotior1s11 mc3mhurnhips COMMittot-fl tilt orocsLod fits v-P (*v •' .......--.-�..—�.�...�..�M1.t.••i _J r•%.:iaa Sir' - � .....�..... 5s(Ina Litru- �l . a tID■n(+ nef(pV••AA14n•40'I-xmU e,,1MN!rsU1_T1NG EN131NCCRM, wic" ffiffi, r U A F a,nnr(e�-nn�n " tW wwwwwwwwrwwwwwwwwwwrwwrwNwwwrww•.ww..w.+w..wwwwwwwwwwwww..rwrww..rr�.r..ww-.wwM.Nw.w STATEMENT �wwwwMwwwwwrwrw�NwwwwwwwwNwrwrrrwwr�wwA•wwMwNMwwwwwwMwwwwwwwwwwwwwwww January 27, 1983 Keith Kornelis Director of Public Works City of Kenai Box 580 j Kenai, Alaska 99611 i Lawton, Tinker, Walker, Rogers 1981 Street Improvements Project No. 81095 Pinal Billing Professional Services Engineer I 2.5 hours @ $60 " $ 150.00-10 Engineer ii 161.0 hours @ $50-," 8,050.00 � Engineer III 1.5 hours @ $42 ,,- 63.00� Inspector 292.0 hours @ $40.-- 11,680.00- Draf is man I 26.0 hours @ $30 ,'- 780.00 - Draftllman II 9 hours @ 023-' 207.00,� Secretary I - 1.5 @ $23 - i :.: 34 -50 -1 20,964.50 q' Laboratory Testing Concrete Control 1 @ $55 - $ 55.00 - Ccepressivo Strengths 39 @$20 - 780.00-,* Density of Soil 16 0$45f 720.00- Asphalt Extraction 14 @$140'*,K 1,960.00� Asphalt Core Density 10 @$25(,� 250.00'' i Mbilization 7 0030- 210,00 3,975.00 'y e Vehicle 32.0 days @$20- I • 640.OQ Current Total 0 25,579.50 Previous Billings 137,538.34 ✓ Total to Date 163,117.84 ?' Budget 147.135.00 ./ Amount over Budget 15,982.84 l- Balance of Budget Amount 9,596.66 '> .i ��� • `l rl Retainage 13,753.83 .mow..._...._.. .. ..-..w....�...w_.w ' i • � c. �<. r. r. r... tea, • i -i�:j" Kenai Peninsula Community Care Center Drawer3673 Kenai, AlaukA 99611 907.293.7838 %4 yT February 2, 1984 �`cC/J`' • ; Vim: •��ot;;ldy�s, . Sill Brighton, City Manager City of Kenai Box 580 Konai, Alaska 99611 Dear Mr. Brighton: On behalf of the Kenai Peninsula Community Caro Canter, I am formally requesting that you include us in the City of Kenai budget request for FY 1984-85. Assistance to us in the amount of $20,000 could make the difference botwoon continuing to provide service, or bating unable to do Be. With an annual budget for the coming fiscal y04r of over $300,000, our non-profit corporation has a substantial positive impact upon the local economy. We are making a concerted effort to develop local and privato funding sources, as the Department of Health and Social Services contracts no longer cover the full cost of treatment for Alaska's troubled youth. Following is a list of some of our present needs, $14,500 between now and December to pay employer's share of social security 0%). Until now we were exempt. it was not in our budget and we must raise the funds to pay it. $2500 to replace floor tile in emergency shelter funds to repair roof on group home $2000 for commercial dishwasher and installation in group home additional funds for general operating expenses If it would be helpful to you for me to attend a budget work session, ploaso notify me in advance so I can do so. Thank you in advance for your assistance. Sincerely, 0-4�• Billie Hardy Director �..ifii-�iiiu,+par�J/tr�e��u/.�'�uu�.c/Gn►ire,�o�.�(�utk�c��uu/� "Y�tttr'�+si�ttttt�r , 198 -T:' N PO --1 P' 15 AAG,_-kf,1 n-Ak0 EMERWNCY R96ULATION n Ct � EP r.� tin ALCOHOLIC BEWERAGE CON'rRml, BOARD y 11-o u,; 15 AAC 104 is amended by aciding a new section to read: 15 AAC 104- 100. i•10RATORLU14 ON CHRTAIN APPLICATIONS. (a) After December 31, 1983, the board will not: receive or approve any application for a beverage dispensary license within the Municipality of Anchorage or the City of North mole= nor for a � ackn a store license within the City and Borough of Juneau, the - City of Kenai, the City of North Pole, or the City of Wasi.11ai nor for a restaurant license within the City of 1'airb.inks, the City and Borotigh of Jt.tner ll, the City of Kenai, the City of Kodink, t:tte City of North Pole, the City of Palmer, the Ciiy and Borough of Stt ka, or the City of tdas3i.11a. 'rhis moratorium will be � Ln effect until April 30, 1984, or the date new regulations es- t tabli.rhi.ng All of: the following matters are effective, whichever date is earlier: (1) criteria for determining population under AS 04.7 11.400; (2) criteria for tit! termini.ng, when, In the public in- terest, Hie board will irrue fewer than (:Ile maximum number of lien: �•s awlmri.zed by Ad 04,11.400; (3) nppt ir•;rt.iun hruc�:�lr.te��:3 and 4r.itr.r'14 for selecting stuunp; co; qrr•t i l: :+ppl i r;,nt::; for 1 i cel1ro t. (1)) i£ iun .;� i.I�ri i.n (,-I) of t}tirs secti�in 1.8 dii 5.�•:r .1 to the 1)(3,11. d. iirrri og ,Ile aor•;rt us-i.urn rtm-c f l ud in (a) of it this section, the Hpplication and accompanying Fee will be re- turned to the applicant. The application will not be treated as if it has been'received by the board for any purpose. (Expires r• 4/30/84 unless made "permanent" by adopting agency) (Eff. l/1/84, Register ) P i Authority: A5 04.06.100(a) and (b) ,, F � i C/mA/ FINDING OF EMERGE14CY The Alcoholic Beverage Control Board finds that an emergency exists and that the atiached regulation is necessary for the immediate preservation oi'the public peace, health, safe- ty, or general welfare. A statement of the facts constituting the emergency follows: 1. Pursuant to AS O4.11.400, the number of alcoholic beverage licenses that may be issued by the board is tied to pop- ulation. Population is to be determined as at December 31st of the year preceding the date of the license application. 2. In the Municipality of Anchorage and the City of North Pole, no beverage dispensary licenses are presently available, on the basis of the December 31, 1982 populations of those cities. 3. In the City and Borough of Juneau, the City -_ of Kenai � the City of North Pole and the City of idasilla, no package store licenses are presently available, on the basis of the December 31, 1982 populations of those cities.. 4. In the City of Fairbanks, the City and Borough of Juneau, the City of Kenai, the City of Kodiak, the City of North Pole, the City of Palmer, and the City of Wasilla, no restaurant J licenses are presently available on the basis of the December 31, 1982 populations of those cities. One license is available in the City and Borough of Sitka, for which the Board has received two colpeting licenses. 5. Presently available information indicates the cities above have grown in population to the degree that new ti licenses of the kinds identified may become available on the basis of December 31, 1983 population figures. Several different ,sources for determining popu- lation may be available to the board. In some cities the number of new licenses which may be issued will vary depending upon how population is determined by the board. 7. Regardless of how the board determines population, there will likely be many applicants for each new license that becomes available, as indicated by the applications and public inquiries received by the board. 8. There are an alarming number of alcohol related crimes and accidental injuries in Alaska. ;he public interest in preventing the abuse of alcohol requires the board to consider whether and de will refuse to issue the maximum number of licenses allowed by statute. 9. The board is required by AS O4.11.510-to grant or deny applications within 90 days of receipt. An applicant whose application is denied is entitled to an administrative hearing of the denial and to judicial review. 10. The board must establish how many licenses it will issue and the criteria and procedures for selecting from among competing license applicants. The board cannot adequately consider these issues and formulate those criteria and procedures without study and public input, a process which will require more than ninety days. 11. A moratorium on the receipt :and processing of applications is necessary. -2- I I ,y ;I i 1 CITY of Igo P.Q. Bow seo I KENAI, ALASKA 99611 J.+ PHONE 19071 283.7039 t t February 9, 1984 MEMORANDUM TOs Mayor Tom Wagoner and Kenai City Council FRONs Jim Swalley, Airport Manager 01 SUBJECT: Airport Terminal Requests We currently have several requests on file for various activities/serviceb within the airport terminal (copies attached). These include various0,gift shop ideas, additional snack bar space, "automatic teller" bank service space and a request to lease or sell "iritarior plantscaping" for the �✓ terminal. There is also a verbal offer to donate a large full -curve doll sheep head to mount on a wall and the possibility of more caged animals such as musk ox, etc. Also, the City Manager is maintaining a list of persons interested in re -opening the airport bar (lounge). Mr. Gintoli presented a schematic design at a Council work session for redesigning the bar and restaurant to include a gift shop at a Council work session in September or October, 1983. At that time the estimated cost was $25,000 - $30,000. At this time there is $16,863 remaining in contingency from the terminal remodeling/expansion grant. There is also $9,343 remaining in the 1983-84 contingency budget. JS/kh 1 � � • !`vim i I - April 26, 1983 City of Kenai Dear City Ifanager, I would like to apply for a 10 by 12 foot space in the Kenai :Airport for a combination Snack Bar and Gift Shop. I feel that due to the grovith of'the airport this would be a real asset and a convenience to the travalers coming in and out of the airport. I would appreciate your attention on this matter. Thank you, Georgios 3, Tarlas I i .,-7- . .., .'_tl!X-,(j �t¢��.� grS ;'T'�.rj�'. ;�� •y�sP-aft '`�''��d';�J�::�. - 7•� da./s �.ti ;v41� r 1•�• 5rii � w"f� _.S q(�'�'i �7� .'(�''?�l,• _ .�'' � �' !ir: . N�!'-;�'� <.�.. � 11 �%i.''�: yik<';4',sr' :f� ,..'�1-.,�. 'J �%'�':bf+.:'• e ; =r' .. y� s µay' �g ) %%F' .�f.. ri 'a;y":�•..T:y,��?x:i r _ �.1.� „1. •t'•W!iji�.r` �.",di .,�;�F:�3'�y'r-'7."�.... •�—f'.: '![A. tiiy,s �n5''��.. �-, -- :s[.�•.'f;Ck:.. _r'-..j... >.C:. �;, �.,. ;�u e?•�';L��t•��. af4��4�f ii �( {•'1! f�, / i . Y j. :•tii, .�lf. •.'f. e;[:..::�•t'� , t. �!:I',�i%.l.i"•": ;I ;.-,• i(' ).r. ��Cti.iM1siY ../. r. • zz 7(t, . 4• �- :• ..z��, \: ;:fr"i'.y � ITi ( ,fir j v C 4v .'>.if.."a:..{; �'. •�`t.•'rr• "-" .p�;,i•;, .:.;4 ',. ,.• j� ��)iS •��?. i.f /"sl `f • - lio:��k ��f����af4"_�.{�+?`b. ma's,..... ,f.... �•t... _l.r �t%r�J'-',• ;c.�'.it�'.v::='�;•��r�;;t..:�.:•','�,. •L.�1t._'`:fs.�:!tt�4t•.�v::F .As•:n . � 9( 1 �I { 1 I (i f is ll Lee Bailey HARBOR (;ONs,ritl C I'ION 283 4917 P.O. Sox 472 Kenai, Ak. 99611 (31 ti'1.0, 1)litil(i 'SbL• 1;1:11.1)INGS Licensed & Bonded it 1 I' r e 1 L � May 06, 1983 Kenai Municipal Airport ATTs Mr. James Swalley, Manager P.O. Box 580 Kenai, Alaska 99611 Dear Mr. Swalley, I would like to rent or lease approximately 150 square feet or more of space in the Kenai Municipal Airport. This space would be used for a concession to sell sundries, magazines, candybars, souvenirs from the surrounding area, and nick -hacks. At the present time, it is impossible for a traveler to purchase any of these items at our airport. This would be similar to the gift shop at the Anchorage International Air- port. Please let me know as soom as possible as I would like to have this ready for the summer tourist season. If any further information is needed, please contact me at the above address or call 283-4917. Thank you. Yours truly, �. . Lee Bailey Tim Bailey 262.5542 r Y = pp- rA 10 ��ClZ7� U Ile �IG?'` rn Edi G�' ,� Z�IFIS C�i�� LiS ,JGI�iS : r G��GGl�I�S, rl�j'�F SlO�1S� G�"1Cf°���5, �l!'71GYf/lC G7�1�,S71C �Z�JFS, G7?ll C7lI��'��1��S I err �V ' � , • ... - � - 13 A �Tf 1 o �' � - '} .�L __... 1 i � n] J '.., o{i I: �. _ - - C '. J ......' �.. ', a iFj •' -..._ __._ ,�—. __ _��._ __ . ,. yi _ _ R •I'Gr June ^3, 1981 :k"- , Sox 71 Sterlin , Ak. 99611 �'r. Jin .;:rrnlley, '"'innger i:enni 'Aty .Arpor5 sox 980 Kenai, Ak. 99611 Dear i'.r. it is my urvV1rst•),viin,; ti:^re rt'iy bp a Gift �iiop put in nt the Kenai Airport. I proftee o line of polyester resin cnstinvq of 'ilaska bird: and mimmnls using Anskan grnvel in the cistings. The molds nre individually filled with multi- colored gravel and due to various colored ,;ravel it produces a "one-or-9-kind" The: figures are produced here; i:n Dterling'-nnd tho wholosalf: prices rsnge from 4`2.35 to :11.5o. t.:oat or the nieces mnka an m7sy"Iast minute tuck -in gift for the suitense. If tno deci. ion Lo op..n a ui r't .;hop has h�.�n snnde I rroul:3 ►.0 g1nd to set up :.rn appoa.ntm,int with you ,at your convpnienco. if someone else i:; going to 'Ieuse and operate the shop T would nppreci?te having their neme and address so tzst I may coritnet thom. I may be ranched at 262-7903 or '++� -7294 .+need ly, ?JtV & f I. �OA l"ay rrz,7 ingtoll :lort,hland `,nnf't Orf.;fitrnlo ' r r_ Drawer 3771 Kenai, Alaska 99611.3771 i INC. Family Clothing Store Phone (907) 283.4988 July 7, 1983 City of Kenai Airport Tormiral Manager ATM: s Jim Swalley rear Jim: Fred Praun and myself would like to officially request a minimum of 200 sqo ft. of Terminal space for the prupose of opening; a gift shop. Our intent would be to carry small gifts and Alaskan gifts, Souvenir Kenai T Shirtsp Sweatshirts one related items. This would be similar to gift shops in the larger airport terminals. Also there is the possibility of earry3rg cigarettes and candy if the vending machines are not takirg care of Vat business. We of course world like to he in a good traffic area that would be veer b!• both tke ircdm.ing and outgoing paPsergers. Pleare let ue know as Poor as possible what might be available in the near future. SinZerely Ronald A. Malston • J I • it NM"= I zSNINSULA SAVINGS t i c AND LOAN ASSC:)CIArOCN Alaska's First State Savings and Loan Association' October 21, 1983 1. James E. Swalley Airport Manager City of Kenai P.O. Box 380 Kenai, Alaska 99611 Dear aims We at Peninsula Savings and Loan Association were chartered by the State of Alaska to service the financial needs of the Kenai Peninsula. Today people are making fewer trips to financial institution lobbies or supermarket service , counters to obtain cash or perform various other money transactions, due to , new Innovations In banking. Businesses today require more Electronic Fund Transferring Systems, Including Automatic Teller Machines (ATM), to ease their daily operations. To accomodate the growing needs of our customers we are joining a newly + planned statewide network of ATM's. This network will also allow cardholder's the use of Instant Teller, Nationet, Visa and American Express, worldwide. Day to day banking for the average person's cash and transfer needs will b¢•.betler served by the induction of our new ATM System. ; Due to our tie-in with ten other financial institutions (projected six more financial Institutions added by mid 1984) In the State, our original card holder base will at year end, be 203,379 Alaskans. These figures cover Alaska only, and do not Include use through our tte in with Instant Teller, Nationet Visa and American Express. Other Institutions on the Peninsula who use our shared ATM network are Alaska State Bank, Frontier Alaska Credit Union and Alaska U.S.A. Federal Credit Union. Blazy Mall • Sterlinr7 Highway POUCn I000 Soldotr.a. Ala3ka 99669 907/262'IJ t 66 Page 2 ,4 • Due to the traffic of our common customers through your terminal, and the added financial support we believe an ATM will provide your business, we would like to pursue this matter. I would like to arrange a meeting at your convenience, to discuss this with you, ' answer any questions you may have and perhaps make a decision on placement and location. Sincerely, Galen McCord Peninsula Savings and Loan cc$ Pile GM/kds 1 1 . 3 i 4 j i e ,�j 4i ., =1 i F ENINSUL A SAVING�i AND LOAN ASSOCIArION � Alaska's First State Savings and Loan.Association V f j •J w October 24, 1983 �..• �: • ,; a,• ,4 :ylv 3ames E. Swalley Airport Manager City of Kenai P.O. Box 380 Kenai, Alaska 99611 Dear 31m: _ Thank -you for the walk through the terminal the other day, the discussion of possible locations for our ATM machine and what our requirements for placement would be. Several areas that we felt should be addressed at this time to help you in your decision for placement of our ATM in your terminal area ' 1) Because the ATM machine Is totally secure In Its own right, there Is no need for additional terminal security, plus It Is designed to be almost not effected by vandalism. - 2) We understand that a contract has been signed by the Anchorage International Airport for an Alaska Option ATM machine. .Similar future Installations in Fairbanks and several other key airports throughout the state are planned, so all state travelers will have available financial services. 3) Due to the fact that three other local financial Institutions, - - Alaska State Bank, Frontier Alaska Credit Union, and Alaska U.S.A.,- - - are Involved with Alaska Option at this time, we feel that we offer the most n6n-competitive ATM shared system available in the State (presently 10 institutions state wide, 29 locations and 205,000 plus, potential Alaskan Cardholder base). This makes our shared ATM system the best overall combined state wide network. 4) Due to our affiliation with other national systems such as Instant Teller, Nationet, VIsa/Master Charge and American Express, this terminal ATM machine will have tremendous usage - from other people here on vacation or business. Slazy Udall . atefllnq Higtruay Pouch ir,00 Soldotnd, Alaska 99669 9071262.916!g r Page 2 S) Customers, Including businesses, will be able to use the i system for deposits, cash advances, and transfers. Many supermarkets and retail outlets are Installing ATM machines to help their customers by offering greater financial conveniences than ever before. 6) Due to the potential operation problems of machines that are thru-the-wall models and exposed to the cold weather, we prefer to have all our units' Indoors. Most malls close early and on Sunday, so potential 24 hour operation was not possible at a j mall. Your terminal Is Ideally suited for ATM usage. 7) Space requirements are minimal. (On floor lay -out, page 2-13, we find that the back opening space required Is 36" - 3911 Instead of 7 feet.) 8) We discussed several locations for the ATM. We believe that , the most desirable location is the south entrance, just Inside the Inner doors on the south wall. Other possibilities are the north entrance, just Inside the inner doors on the south wall, or a , thru-the-wall unit near the north door, In the baggage claim , area. 7:. Peninsula Savings and Loan has a very aggressive policy with regards to our customers, and we are determined to provide them with the best possible financial services. Our ATM offers needed services tp area residents and to visitors to the peninsula. With the ATM's added financial conveniences to your terminal, terminal business, and the local banking community, we feel that the Installation of our shared ATM System will be of maximum benefit to us all, now and In the future. ! Si terelyCA Galen McCord For Eddie 3. Turner GM/kds y r r L SECTION 2 - SYSTEM SPECIFICATIONS o lid i This section describes the physical characteristics, environmental restric- tions and electrical requirements for the Docutel TT2300 and 112380. This information is applicable to all parties concerned. (Reference A.C. Power Wiring Specification and Installation Drawings in this section.) PHYSICAL CHARACTERISTICS Dimensions: Lobby Unit 58.5" high, 28.5" deep, wide. 3111 Secure Lobby 62 high, 32 deep, e Thru-the-wall unit 70" high, 32" deep, 26" wide. Weight: Lobby Unit 800 lbs. Secure Lobby 1900 lbs. Thru-the-wall unit 1800 lbs. , Capacities: Printer Capacity All Models_ Audit Printer 2,200 transactions Receipt Printer 1,500 receipts Currency Capacity All Models Each Denomination 2,200 single bills (new currency) Total OPERATING ENVIRONMENT Temperature Range (Including Wind Chill Factor) Console Front Panel -35OF to +125°F (-37°C to +57°C) Room +50°F to +90°F (+10°C to +32°C) Depository II Entrance Throat o +50'F to 90OF(+1C) Room 0°C to +32°C) Electronics Module Room +50OF to +90F (+10°C to +32°C) Page 2-1 rl*) evsa �,.. • .. . !1 �R �� • art •Y �L y. Lobby nit +500F to +90°F (+10°C to +32°C) Roo Secure Lobby Room +50°F to +90°F (+10°C to +32°C) Relative Humidity # Console ! Front Panel 0 to 100% Non-condensating Depository I and II Throat 0 to 1000. lion-condensating Room All Models 10 to 80% Non-condensating NOTE OPTIMUM RELATIVE HUMIDITY IS 50% NOTE . IN A CLOSED ROOM PROVISIONS MUST BE MADE TO DISSIPATE 3600 BTU's/HOUR f :7 i • I j •' ! ELECTRICAL CHARACTERISTICS F J I . Power Requirements .-. i Console Power is derived from Electronics Module } 120 VAC 60 Hz Depository II . Electronics Module 120 VAC 60 Hz 1 .• Lobby Unit 120 VAC 60 Hz f Secure Lobby Unit 120 VAC 60 Hz Refer to AC Power Wiring Specification in this -. - POWER LINE section. NOTE CONTItlUOUS OPERATION OF THE UNIT AT HIGH VOLTAGE (132 VOLTS A.C. CREATES A ' - MAXIMUM HEAT OUTPUT OF 3,000 BTU/HR). AC PO4lER 4lIP.ING SPECIFICATIONS (DOCUTEL SPECS730-0026-001) NOTE FAILURE TO FOLLOW THE INSTRUCTIONS AND SPECIFICATIONS CONTAINED IN THIS DOCU14EIlT MAY CAUSE SIGNIFICANT PROBLEMS WITHSULT INAOOITIONALTCHARGESRUNDERFI- U THAT CULT TO DIAGNOSE AND CORRECT, AND MAY F : ANY MAINTENANCE AGREEMENT. Page 2-2 t° ►� s 4 - • 1 I' I i I min ?r Exhaust Watts Idle K 10" 1 ,. . ►m floor HK0 atts-Idle (All along right side panel) FIGURE 2-3. AIR FLOW DESIGN - LOBBY Page 2-12 i t .i fi} i 'u F �• t 6 4 31 41641 ---------- minimum 4— 6" minimum lde FIGURE 2-5. FLOOR PLAN LAYOUT SECURE LOBBY Page 2-13 A b Women 2C E CJ J i Men ' t-Al 10 (0 Folror - _ -- Lois ` Oltt J 1001 I r �. Liquor stores* � .1 . . I FoyM � * Corrldar Y i I� . i Airport Lounso Ronovstlon r NO", Alaska L r U I 6 ic prvll�n�nststonsl vincaut 1, greNtt�ct bulidlnO I I A+a ke�nM «�"► CITY OF KENAI FOR COUNCIL INFORMATION Transfers of Funds under $1,000 under KMC 7.25.020 (a) Date Depagtment Amount From To Explanation 2/2/84 Library 850.00 Prof. Svs. Sm. Tools To purchase additional computer programs, desk lamps, etc. 2/8/84 Airport Land 500.00 Contingency 'Misc. Lease recording fees exceeded estimates for 4=-C-ow— year. S C-4A i.. rd�oi �ari..o .-u-r..rir-0.buAes hake unaupal " ue d Nay, Suite 301 / hka 99801 to 6.1325 tP ' wm-- ri'• s :.���j► pea 00 020 February 10, 1984 ITEMS OF INTEREST Labor "Mini -Cabinet's At the second meeting of the 1911ni-Cabinet" Monday, the conversation continued on the problems caused by Title 36 and the Little Davie -Bacon Act. Although there was more discussion on the problems with setting prevailing wage rates at the local level and the possibility of the Department of Labor setting up several pilot projector the group is now exploring setting dollar amounts and how and when the Little Davis -Bacon Act will apply. CRA Commissioner Notti suggested that 1) projects below 050,000 be exempt from Title 361 2) projects costing between 050,000 and $200,000 would require that a professional contracts manager be hired to oversee the project, but allow local hire below the prevailing rate] and 3) on projects over 0200,000 Title 36 would apply. There was some concern that the limits were too low. Commissioner Robison asked the mini -cabinet members to consider the proposal and be prepared to discussed it at a future meeting. If you have any comments about the proposal and/or dollar limits, please send them to Commissioner Robison, with copies to us. Anchorage Caucus on Municipal Assistance and Revenue Sharings The League staff was asked by Senator Sturgulewski to prepare Figures showing the shortfalls in both programs in recent years for the state and Anchorage. The Governor's FY 85 budget represents approximate shortfalls of $2.5 million and $20.4 million in revenue sharing (Chapter 89) and municipal assistance, respectively. There appears to be interest by this group to push for full funding. They will meet again Monday to discuss it further. Capital Projectes As a result of an agreement between the Senate and BOuos Finance Committee Chairs, this year's capital projects will be categorized and handled in six bills. The Senate has introduced three bills SB 403 (passed the Senate 2/20/84), SB 364, and 09 420 dealing with education, erosion control, and water and sewer projects. The other categories are transportation, development, and the University of Alaska. These bills have not been introduced. This now process will probably lead to negotiations in conference committees among categories as well as over the total list. In addition to the six bills, there will also be a "catch-all" bill. CSSJR 29 - Pulp Mill Variances On Monday, the Governor signed the resolution supporting the variance requests by the pulp mills in Southeast Alaska. LogfslntivP 911116ttn elf# - page 2. IIHAR11108 8onpto pinance, - Tuc'ada_y..-Ynhnlnry, 14. 9100 a,m.s 90 4211 - 4lnter and 1Jover Granta. Hnune_ a CRA,_Tuooday. February 14. 3iL5 ,m.s 00110 442 • Otate Aid/Voluutver Fire Departmente. House 0988 - Wednuaday. February 3% _3 �13 .m. s 110 447 - Repayment of fltate Aid for Hospital and 11oalth Facility Construction and 1115 492 - Otate Aid for gchool Ccmotruction. e ate Rnacsureaa - Mondayp February 20, 3>00 y.m�s gH 373 - Land Dlapenal and Management, / IN ON11179H NO 162 - Municiaai Otficialls Term�es Senate CRA Committee moved thin bill out Tuesday with a 'ado pass" recommendation and an to Judiciary. The bill, alloving general law municipalities to limit c;smseeutivo terms, reflects the provioione included in the Title 29 revisiono. NB LlProfessional Servieaa Contracts Many architects and engineers have recently contacted fansto Labor and Commerce CommitteeMoir Dick F.Ifason urging him to move this bill which prahlbito the consideration of cost when oolecting architecto, engineers, and land surveyors. Only competence and " qualifications may be considered until after the selection in made. Plonno notify_Se"fit P,linon if vas still oneoee this bill (and copy AML). Senator Dick F,lianon, Pouch V, Juneau, Alaska 99831, 465-4916. 1`B 239 - Removinrs $�0.f100 Limits on pernq oil yrooorty Yxsm�elsn t 'Die House CRA Committee hold hearings on the bill Monday and reported it out with individual recommendations. Reproaentativeg of CRA opake a6ainet the bill, otating that !t would only ohlft the burden and could potentially reduce state revenues. Representative Malone, the sponsor, stated that it provided for local option. Referred to Finance. NB 330 - Construction of Streste ig State Subdivisiona# This bill van moved out of the House CRA Committee Wednesday with Individual recommendations. The bill wen amended by the committee to include j ,other improvements required by local ordinances". The plan appears to be for this to be addressed and perhaps combined with 08 375 1n Rosourees. HB_ $37,-,Motor Vehicle Umtions Houso CRA reported out this bill authoriving munlcipslitieo to exempt ' Motor vehicles from taxation. Psoeed by the House an February 9, 1984, and referred to the Oonsto CRA and Finance Committees. � BB 67 - Municloalitioe paying OtilftL► Relocation Costs# The Nnuoe Labor and Commerce Committee hoard and postponed action on the bill on Tuesday. A recent draft subotltute bill differs from that reported out ' of the (louse CRA Committee last year primarily by providing for two conditions when the municipality -.-_-..--- would pays 1) if the facilitioe were placed in the municipal right-of-way under a valid easomoat or permits 2) if the facilities were placed before the municipality had a ayotem.for granting enaemonto or permits. The utility companies otill maintain "the cost causer should be the coat payer" and Indicate that the rode, state, and many muniefpalieloo currently do pay relocation eoatn. Tim Rogero from the f City of Ronai cited the common taw and apposed the bill. 1 The committee postponed action tentatively until February 21 at 9100 a,m., aaking for additional i information on coat impacts and cost esvings to rate payers from the utllitl#us. There appears to bo I I - f I I� .I (I �1 Logtolativo Bulletin 020 - page 3 renewed prosnure and support for thin bill. The members of the committee are Cowdary, Gbairl Furnace, Ringetod, MIMS, W OW# ib►punan, and Foutingor. You should document the _dollar imoncts an our cafimunity and nranant„ testimony, to the cammittpp an February 2iot_ nt 9100 a.m. You aluo might want to contact the snambern individually. Please provide us with copies of any letter or information. We will lot you know if the mooting date changes. f i9.A/1-� Property Tax Faenmetion Limit of $150.000s The Senate CRA Committee hearing on the bill substituto for Tuesday was postponed indefinitely, The bill may result in added work for local assessors if caps or other limits, e.g, tax no a percentage of income, are successful. 88 233 - Rampant of Attoio Japaa► The hearing scheduled by House Finamu+ Wan cancollad Wednesday and has net boon rescheduled. 8 313 - Road Malntenanee garvico roans Senate Vinanco considered thin bill on Tueaday but took no action pending more information from the oponoor, Senator Faiko. The bill establishes a 30-50 matching grant program for the upgrading, reconstruction, rehabilitation, or paving of existing subdivision reads within a road maintenance service area. 8 132 - Loeat gervie�e eRonds and Trailas The hearing before the Transportation Committee was waived on 2/8/84 and the bill wan referred to Finance. H8 370 - Railroad Ac ur loitions The Transportation lfammittan oubstitute for this bill woo moved out with a ado pass$' recommendation. The oubotituto calls for the operating entity to be in place prior to purchase and requires a cash purchase. The next committee referral to Finance. 88 39�6 - Power Cost Assiatanees Senate CRA Committee moved thin bill out with a "do puoo" recommendation on Tuesday. The bill now goes to Finance. BENATH HILLS 8 23 - fiutdcar Rocrention and Historic Prolaetss Senator Vic Fisehor introduced a committee substitute which has been referred to Resourcea and Finance. The 88 broadens the eligibility, adds another intent clause, and cleans up existing language. H8 423 !` H8 589) -vLVAs These bills wore introduced by the Rules Committeeo of the House and Senate at the request of the Governor Wednesday. The bills combine the "four -dam pool,, into ono project for debt service and wholesale power rate calculations, remove the Suotens "blackmail" clause, and permit the utilities to charge a lower wholesale rate to the Largo -volume customers. The bills have been referred to Resources and Finance in the Senate, and Labor and Commorco, Resources, and Finance in the House. 98 429 - Reindeer Regearehs Introduced by Ferguson, this bill appropriates 06,616,400 for a reindeer research and development facility on the Seward Poninsula. Referred to Resources and Finance. 90 441,-_Bnnior Citieen HouoJWl Introduced by Itodoy, Hoso, Vic Fischer, Sturgulewoki, Gilman, Ferguson, and Kelly, this bill appropriates 010 million to the Department of Community and Regional Affairs for the senior cleften$e housing development fund. Referred to CRA and Finance, i�ss�ew� ter:-�---�- IG a Legiolative Bulletin 020 - page 4 HOUSE HILY19 110 067 - Domestic Viol„ oncas introduced by Lacher, Phillips, Flood, Clockain, Koponen, and Mcbrido, this bill appropriates $60,000 to the Department of PAucation for curriculum on auxual abuse of minors. it has been referred to thv NLSS and Finance Committoon. JIB 568 - unwatic Violo w,nces introduced by Lacher, Phillipa, Flood, Clockain, and Koponon, thin bill appropriates 050,000 to the Department of Public Safety for a public awaronesa program relating to the sexual abuse of minors. It has boon referred to the Otato Affaira end Finance Committees. 118 981 • A• Aanlor Citizen Programn SupDlamentaiso Introduced at the request of the Governor, section 13 of thin bill providon 01,002,817 for s supplemental appropriation for the reimbursement to municipalities for costs of senior citizen property tax exemptions. Section 14 appropriates $100,000 for a supplemental for reimbursement for senior citizen renters equivalency payments. Referred to Finance. 1R1 594 -.Caribou Studwys Introduced by Fuller, thin bill appropriates $S0,400 for a grant to the Reindeer llerdors Association through the Department of Fish and 04mo for a otudy of the distribution and movement of caribou near reindeer herds on the Onward Peninsula. Referred to Resources and Pinance. _ —. �YMwYIRr�f.+«•aV�fsd/[I........ -.. <�.. _.J' -- .zc�..�u 7W (+-,A M 9 M O R A N D U M T0i Kenai City Council PROMS Tim Rogers, City Attorney Clary Matz, Herbst 6 Thue, U4 . DATE: February 14, 1984 REt Cable Television Franchise Ordinance This Memorandum is intended to summarize for you the high- lights of the cable television franchise ordinance. This Memorandum addresses those areas of particular importance for cities in dealing with cable television and summarizes the appli- cable orRinance provisions. I. FRANCHISI. ENFORCEMENT The Whole concept of franchise enforcement becomes very significant in dealing with a fifteen (15) year franchise term. It is our opinion that the City must have some realistic tool to use should franchise enforcement ever become neeesary. Some cities have relied on the threat of franchise revocation. Via do not view this as a realistic enforcement mechanism. Few cities want to run the risk of litigation as well as incur. the Interrup- tion of service that would surety follow a revocation. In addi- tion, the vast majority of problems do not rise to the significant level warranting revocation. Finally, some cities have sought to use their rate regulation authority as a means of enforcement. We do not believe that this is a proper exercise of that authority. The only relevant question at the time of a rate change request in whether Ilia Company has received an adequate rate of return. Recommendation: 1. The Ordinance requires the Company to provide a cash security fund throughout the franchise term in the amount of $10,000.00. The City has the authority to reduce the size of the deposit during the term upon good performance by the Company. 2. A designated franchise administrator has the authority to draw fumes against the cash deposit. 1. The Company is required to replenish the deposit in the evant funds +ire drawn against the existing letter. -1- 4. If the Company, e0 er reasonable notice, fails to pay to the City :any taxes due and unpaidl or fails to repay to City within such period, any damages, costs or expenses which City shall be compelled to pay by any act or omission of the Company, the City shall draw against the deposit. S. The Ordinance provides for penalties in the event the Company violates the terms and conditions of the franchise. We recommend the following: A. For failure to complete system constrnrt,ion in accordance with the Company's proposal, unletas City approves tho dalay, the amount s11all he One Hundre+l Dollar ($100.00) per day. B. For failure to meet conditions of City permits in disturbing the streets, the amount shall be Fifty Dollars ($80.00) per day. C. For failure to comply with construction, operation, maintenance or safety standards, the amount shall be One Hundred Dollars ($100.00) per flay. D. For failure to provi4e any available servtce the Company has propogwl, the meant nlaatl he One Hundred Dott'lea ($100.00) per day. 1:. For faLlnrq to test, analyze and report on the performance of the system following a request by City or as proposed by the Company, the amount shall be Fifty Dollars ($50.00) per day. F. For failure by the Company to modify the system following a periodic review and evaluation session, the amount shall be One Hundred Dollars ($100.00) per day. cl. For tail qra %,) providFa Iata, docuntenta, Or. L10004ation or to Co*j)er..at.l wi.tll City dar, itul a System review an+1 evalwtrion sesaton, the amount aluill he Fifty Dollars ($50.00) per day. H. .For failure to comply with any of the provisions of the franchise for Which an amount is not otherwise specifi- cally provided, the amount shall he Fifty Dollars ($SO.00) per day. II. RATF, INCREASE CRI' eRrA Another notirce +yF Feequent concern is %t rtto +;1viri n pcocossi 'an+1 c.,lat+llft:)+l +:ri,l;ftrt,t. %tt tor)-1F,ren, rate clicinge t1roaa43,1Ln+Jfi - i H I y �� bacome polUtcal problems .an(l, in sr.),no cases, enforcement pr.o- coudings. This is unfair to all parties including the subscribers. While it may he argued that rate regulation is not necessary in a competitive environment, we do not fully adhere to that position. First, in the vast majority of markets there is no competition for cable service. Specifically, very few markets Have the frequently cited competing technologies such as STV (014bs0-rIVI-ic3n TV), MDS (Multi -point distr.tbutton system) or ABS (direct broadcast ueevtce). We view broadcast television 4a merely a complement of cable service. Secondly, we firmly believe that rate regulation is a matter of local concern. Thus, if after a period of years, a municipality determines rate regu- lation is not necessary, then it may take the appropriate steps. To the extent the City may exercise rate regulatory authority, the following criteria should allow for an orderly proc ass. Recommendations ; 1. The ordinance provtdes that the City reserves the right to regulate all rates subject to regulation. ' 2. The following standards be applied in determining a whether a rate change request will be granted unless further .review is deemed unnecessary. , A. Grantee's substantial fulfillment of all material requirements of the Franchise; n. Quality of service, as inatcaterl by the number and ` type of service complaints, Grantee's response to complaints, and the result of pertodic System performance tests; C. Prevailing raters for comparable services in other cable systems of similar size and complexity; A. Rate of return on Grantee's equity, as compared to businesses of equivalent risk. The rate of return shall be calculated on a cumulative basis for all System revenues and costs including services such as pay -television that may be exempt from local rate regulation. Upon request of City, Granter :;hall promptly provide, fro►n the Grantee, its. parent company and any suhs3tdtary company, astt information as ehall ----- he reasonabty necessary to determine System revenuea and costs; t;. Performance of Grantee in introducing new services .anA expanding System's capability, as compared to other systems of similar size and complexity; -3- i I F. The original cost of System less depre-ciation determined on a straight line basis; G. Tax benefits received by Grantee, its partners or shareholders, as the reault of their investment in System; H* Cash flow derived from System services; 1. Such other factors as City may deem reasonably relevant. 3. The procedures to be Followed in revising the rate sche- dule shall include at least the followings A. A proposal for a rate change shall be submitted to City. B. The proposal shall be supported by statistical and other proof indicating that the existing rate(s) is inade- quate and that proposaesi change(s) is required and will enable Company to render service, to fulfill its obligations under the franchise and to derive a reasonable profit therefrom. C. The proposal may include or Company shall provide upon request of City, current information and financial information with at least the following from the Company or any parent company concerning the cost of serving Citys 1. Balance sheet. 2. Income statement. 3. Statement of sources and application of funds. 4. Detaile-1 s3sipportinsl schellules3 of expenses, Income, assets and other items as may be require-1 by City. S. Statement of current and projected subscribers for each service. 6. A current list of rates and charges of similar systems, owned or operated by Grantee or its parent cor- poration or other subsidiaries or affiliates of its parent corporations 7. A current list of rates and charges for other systems in the state of Alaska. D. A public hearing shall be scheduled and advertised at which time the City will hear the request. After closing -4- 1 T- a: — - - - -.-•=w-+�+c,cb+s+J1.+----_."•-uc�t:'.4kw`:`a..a+`. :.�-'.:1L-':.::::ea.- - - ... ... a the public hearing, City shall have sixty (60) days within which to make its determination. ` E. Any approved revision in the rate schedule shall become effective upon the date determined by City. F. All costs for the review of a rate change request shall be paid by Company upon demand of City. The cost shall include, but not be limited to, attorneys' fees, rate con- sultant fees and the reasonable value of services (as deter- mined by City) rendered by City or any of City's employees, agents or representatives. III. PERIODIC REVIEW SESSION - A common concern for all municipalities i3 how to maintain a I relatively modern system. The majority of franchises awarded today are for a fifteen (15) year term. Many changes may and ` likely will transpire in the technology during any fifteen (15) year period. I , One approach has been to grant short term franchises. This, however, suffers from two related problems. First, due to the i + relatively short term over which to recover its investment and ` recognize a fair return, the Company will be less likely to pro- i pose and construct a state-of-the-art system. Second, due again to the relatively short term, the operator will be less likely to introduce new services and make capital expenditures. 9 We believe the preferable approach in the majority of situations is to grant a long term franchise (i.e. fifteen (15) years) and provide for periodic review and evaluation sessions. j.._._.' We believe that this approach accomodates the best of both worldst the Company is given the maximum term and the City is given protection through agreed upon reviews. Recommendations 1 1. Periodic review and evaluation sessions every three (3) years or at the request of either party. ' 2. Testing of the system at any review session where there is reasonable evidence of inadequate system performance, at the Company's expense. 3. Authority for the City to require upgrading or modifica- tions; of the system unless the Company demonstrates technology ' does not so allow or that the proposed change is not economically feasible. 1 4. Binding arbitration should an impasse arise during any k periodic review and evaluation session. -5- IV. ACCESS TO COMPANY RECORDS in any situation where a private business is operating under a municipal franchise or permit, we believe it is essential for that municipality to have clear and unquestioned access to records of the Company. A cable television franchise is, in essence, a partnership between a municipality and the cable operator. While there will necessarily be a certain antagonistic relationship within the broad relationship, the goals should be identical: Quality ser- vice for the municipality, and a fair rate of return for the Company. For this partnership to be a meaningful partnership, however, the municipality must have adequate access to the Company's records. In addition, as will be discussed shortly, adequate reports must also be submitted to the City. Recommendation: 1. The franchise documents provide that the Company manage all of its operations in accordance with a policy of totally open books and records. 2. The City has the right to inspect, upon reasonable notice, all books, records, maps, plans, income tax returns, financial statements, service complaint logs, performance test results, record of requests for service and other like materials. 3. Access to the records shall not be denied by the Company on the basis that the records contain "proprietary" information. 4. The City and its agents and representatives shall have the authority to audit and copy the books and records of the Company. V. REPORTING REQUIREMENTS As indicated above, we believe that periodic technical and financial reporting requirements are essential for a fair and informed administration of the franchise. Proper reporting can alleviate many of the problems faced at rate change proceedings. Finally, these reporting requirements are essential to a proper partnership. While emphasizing the importance of reporting requirements, we do wish to caution the City from requiring a report simply for the sake of it. Such a practice represents a regulatory burden and an expense to be borne by the subscribers. In other words, any report to be required by the City should be designed to con- -6- vey meaningful information necessary to proper franchise adminis- tration. Recommendations: 1. The ordinance provides for the following annual reports: A. An audited financial statement by an independent certified public accountant including a statement of income, revenues, operating expenses, capital expenditures, depre- ciation with an attached depreciation schedule, interest paid, taxes paid and balance sheets. B. Current list of names and addresses of each officer and director and other management personnel, as well as each shareholder having stock ownership of three percent (3%) or more. Co A copy of each document filed with all federal, state and local agencies during the preceding fiscal year and not previously filed with City, (each of these filings shall be provided at the time the filing is made). D. A statement of its current billing practices. E. A current copy of its access rules. F. A current copy of its subscriber service contract, if applicable. 2. A written report of the FCC proof of performance tests for the system. 3. Copies of all petitions, applications, communications and reports submitted by the Company to any state or federal entity in respect to any matters affecting cable television systems operations authorized by the franchise. Copies of responses should also be provided. 4. Such other reports as the City may request. VI. SUBSCRIBER COMPLAINTS This area is frequently overlooked in preparing franchise documents. Nevertheless, this may well he one of the most troublesome issues during franchise administration. This too can become a particularly sensitive issue in many municipalities. We relieve that the Ordinance should clearly set forth a subscriber complaint process and appropriate performance time limits. This is fair to all parties in that each knows what is expected from the other. -7- 1 r Recommendations: 1. Grantee shall maintain an office which shall be open during all usual business hours, have a publicly listed toll -free telephone number, and be so operated as to receive subscriber complaints and requests for repairs or adjustments on a twenty- four (24)-hour-a-day, seven (7)-day-a-week basis. A written log available for public inspection shall be maintained listing all complaints and their dispositions. 2. Grantee shall render efficient service, make repairs promptly and interrupt service only for gook cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall occur during period of minimum use of System. A written log available for public if inspection shall be maintained for ail service interruptions. 3. Complaints concerning billing, employee courtesy, programming, safety or company policy shall be handled imme- diately. Service complaints involving a loss of service or affecting more than one subscriber will also be dealt with imme- diately. All other complaints relating to service will be rec- tified on the same day as the complaint is received. In no instance will Grantee's response be more than twenty-four (24) hours after the complaint is received. 4. Grantee shall maintain a sufficient repair force of technicians that shall respond to subscriber complaints or • requests for service within twenty-four (24) hours after receipt of the complaint or request. No charge shall be made to the subscriber for this service. 5. No credit will be allowed where the service or facility is out of service for less than a twenty-four (24) hour period during a given billing period. When out of service conditions of which Grantee has received notice total more than twenty-four (24) hours during a given billing period for conditions which are not due to the willful or negligent acts of subscriber, credit shall be allowed in an amount equal to the total fixed monthly charge for the service multiplied by the ratio of the number of days in an average billing Period. For the purposes of prorating charges an average billing period is defined as thirty (30) days. 6. Credit for out of service conditions shall be computed to the nearest quarter (1/4) day. Each accumulation of outages totaling six (6) hours shall be a quarter (1/4) day. For the pur- poses of this section, out of service shall include not only the total failure of System but other situations that significantly reduce its day-to-day service quality normally experienced by the subscriber. IM J /i. yG.-r--•c = yr .na.a - .. r: 'cam . _ . -, � .,.' — ... - - - 7. All subscribers, programmers and members of the general public may direct complaints regarding Grantee's service or per- formance to City. In the event resolution of any dispute does not occur, City shall ensure that all subscribers, programmers and members of the general public have recourse to a public hearing before City, regarding any complaints, Where there is evidence that Grantee has not settled the complaint to the satis- faction of the person initiating the complaint. Upon the request of any party or participant, City shall act as a board of review of any disputes. Grantee shall abide by a resolution of the dispute by City. S. Grantee shall furnish each subscriber at the time ser- vice is installed written instructions that clearly not forth procedures, furnish information concerning the procedures for making inquiries or complaint, including the name, address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed, and fur- nish information concerning the City office responsible for admi- nistration of the Franchise with the address and telephone number of that office. VII. FRANCHISE FEE We believe that the franchise fee is a very significant item. While it is necessary to have a fee sufficient to offset the administrative expenses incurred due to the franchise and support access programing, caution should be exercised so that the fee does not become an unnecessary burden to the Company. It must always be kept in mind that the franchise fee is ultimately paid by the subscriber. At the present time, the FCC limits the size of the franchise fee to three percent (3%) of the Company's gross annual revenues. Up to five percent (5%) may be collected by obtaining a waiver from the FCC. In order to receive a waiver, the municipality must demonstrate that the proposed fee is reasonable in light of the planned regulatory program and the Company must certify that payment of such a fee will not interfere with federal regulatory goals. Recommendation: 1. The Ordinance establishes a five percent (5%) franchise foe to be imposed upon the gross revenue of the company payable on an annual basis. CITY OF KENAI CABLE. TELEVISION FRANCHISE ORDINANCE Second Draft: February 13, 1984 R Prepared by: Tim Rogers City Attorney City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Herbst & Thus, Ltd. 2630 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 (612)835-2434 • TABLE OF CONTENTS Section 1. STATEMENT OF INTENT AND PURPOSE AND AUTHORITY 1.01 Statement of Intent and Purpose 1.02 Authority Section 2. SHORT TITLE Section 3. DEFINITIONS Section 4. GRANT OF AUTHORITY AND GENERAL PROVISIONS 4.01 Authority for Use of Streets 4.02 Agreement 4.03 Area Covered 4.04 Police Powers 4.05 Use of Grantee Facilities 4.06 Written Notice 4.07 Franchise Term 4.08 Franchise Non -Exclusive Segtion S. DESIGN PROVISIONS 5.01 System Design Concept 5.02 Initial Channel Capacity 5.03 Two -Way Capability 5.04 Cablecasting Facilities 5.05 Interconnection 5.06 Provision of Service 5.07 Technical and Performance Standards 5.08 Test and Compliance Procedure 5.09 Emergency Alert -1- R i i ,f 1 • • r •r• 4 _' 5.10 Special Tentl.ng Section 6. SERVICE; PROVISIONS 6.01 Services to he Provided Section 7, CONSTRUCTION PROVISIONS 7.01 Initial service Area 7.02 Line Extension 7.03 Construction Permits 7.04 Street Occupancy 7.05 Construction Standards 7.06 Repair of Streets 7.07 Erection of Poles Prohibited 7.08 Undergrounding of Cable 7.09 Reservations of Street Rights 7.10 Trimming of Trees 7.11 Street Vacation or Ahandonmont 7.12 Movement of Facilities ' 7.13 Rolocation Costs SECTION S. OPERATION AND MAINTENANCE 8.01 Open Rooks Anal Records 8.02 Communicationa with Regulatory Agencies 8.03 Annual Reports' 8.04 Monitoring anti Compliance Reports 9.05 Additional Reports 8.06 Maintenance and Complaints 8.07 Subscriber Contract 8.08 Subscriber Practices -2= 1 . , i e r r P l i I s � J n 0 9,09 Raton and other, CharUon 9,10 Rate Changed 8,11 P©riollia Roviawa, Rvaluation and upgrading 8,12 Citiyono Advioory Committeo Section 9. IENIMAL FINANCIAL AND INSURANCH. PROVISIONS 9,01 Payment to City 9.02 Sacurity Fund - 9,03 Penalties from Socstrity Funil 9,04 Rotation to Othor Rome4ina 9,0S ProcoAuro I i 9,06 Honda 9.07 indemnification 9.09 Liability Insurance Section 10, FOR9Cl..OSUR11, ARANOONMENT AND REVOCAIMON 10,01 Poreclooure 10.02 Ahand6nmont 10,03 Revocation 10-04 Proceflure for Revocation Section II, PURCHA01; DES SYSTOM 11.01 Citylo Right to Purchhaao flyatom i ` 11.02 donoral Purrha4o Proviaiona ,11.03 Proceduroo Section 12, RIMITS OF INDIVIDUAGS PROTP.CT91) T 12.01 0iaortininatory Practieots Prohibited • 12.02 Equal Employment 12.03 Cable Tapping Prohibited �_ _30 12#04 Stibnarihor. Privacy 12,05 Perminnion of Property hwnor Required 12.06 Onto of Suhnor.iber, binto ProhibitoA Boation •13. MISC1$/,14ANt$OUS PROVISIONS 13.01 Compliance with Dawn 13.02 Rato or. Tranofor of Ryatom 13.03 Amendmont of Franahioo and Variance 13.04 continuity of Borviao Mandatory 13.03 Romovral after Tormination or. R©vocation 13.06 Work Porformod by Cthera 13.07 fluty to Orantea 13.09 Roparabiiity - Non -Material Provioione 13.09 Roparabiiity - Material Arovisiono IMO No R©couroo Againot City 13.11 NononEcrooment by City 13.12 Adminintration of flranchioe 13.13 Gonoral Provioion on Righto and Romad iou Section 14. rMCTIVf, DAT131 PUBLICATICMt ACCRIPTANCHI 9WARANT90l PXHif1I,TR 14,01 Puhliantiont %ffeative Dato 24,02 Publication oF.'Notirau 14.03 'rime of Acrept€�naat (3uarantyt " Incorporation of nfforingt Exhibito -4- . I I it ll y j1 I1 ry i---�--- - - — •-�ye�iui,'t�ii�.:.=-' •—,T�r,=!-,.sa�4era _ �.yc�ssirs,�s�c-^— - �-.�---T�s, �•- -- —_ _ ORDINANCE NO. AN ORDINANCE BETTING FORTH SUCII REASONABLE TERMS f AND CONDITIONS IINDVR WHICH INLETVISiONS, INC. SITALL OPERATE; A CABLE TELEVISION SYST8011 PROVIDING FOR REGULATION AND USE OF THE; SYSTRMi AND PRESCRIBING PENAL.TIRW FOR TITO VIOLATION OF ITS PROVISIONS. SECTION 1, STATEMXNT OF INTENT AND PURPOSE AND AUTHORITY. 1.01 Statement of Intent and Purse. The Aiaeka Public Utilitica Commission (hereinafter "Commission") has grantees a certificate of public convenience and necessity to Inletvisione, Inc. to operate as a telecommunications public utility in the Clay of Kenai. The City intends, by the adoption of this 0-ftnance, to bring about the development of Such a system and the operation of it in the public convenience, aafety and general welfare. Such a development can contribute significantly to the eommunicationo needa and dosirea of many. 1,02 •Authority, Because of the complex and rapidly changing technology ansociated with cable teieviaion, the City fin44 that the pishlic convenience, safety and general welfare can beat be nerved by establishing regulatory poweare in the City or ouch per- sons an the City shall designate. It ire the intent of the City, acting purauant to Alaska Statute §42.05.251, to provide for and specify the means to attain the hunt ponoibie public intesrest.and public purpona in there matters. • -5- r SECTION 2. SHORT TI'I V This ordinance shall be known and citeel as the "City of Kenai Franchiso Ordinance." Within this document it shall also be referre4 to as "thin Franchise" or "this Ordinance." I I i I f r -6- _ l�lL SECTION 3. DEFINIVONS For the purpose of this Ordinance, the following terms, phractio, words and their derivations shall have the moaning given heroin. When not inconsistent with the context, words used in the present tense include the future, works in the plural number include the singular number and words in the singular number include the plural number. The words "shall" and "will" are mandatory and "may" is permissive. Works not defined shall be given their common and ordinary meaning. 3.41 "Basic Service" means the delivery by Grantee to all subscribers of satellite -delivered special interest programming, automated programming, broadcast stations, and access programming channels by Grantee covered by a regular monthly charge paid by all subscribers, excluding optional services for which a separate charge is made. 3.02 "Channel" means a six (6) Megahertz (MHz) frequency band, which is capable of carrying either, one standard video signal., a number of audio, digital or other non -video signals, or some combination of such signals. 3.03 "City" means the City of Kenai, a municipal cor- poration in the State of Alaska. Tile City Council of the City of Kenai, or its designee, is authorized to Act as the decision - making body for the purposer; of. System rogutation within the City. 3.040"Commission" means the Alaska Public Utilities Commission. -7- R 3.05 "Connection" means the attachment of the drop to the first radio or television sat of the subscriber. 3.06 "Converter" means an electronic device which converts signals to a frequency not susceptible to interference within the television receiver of a subscriber, and by an appropriate channel selector also permits a subscriber to view all basic subscriber signals included in the basic service delivered at designated converter dial locations. 3.07 "Drop" means the cable that connects the subscriber terminal to the nearest feeder cable of System. 3.08 "FCC" means the Federal Communications 'Commission or a designated representative. 3.09 "Franchise Administrator" means the.City Manager of City or his designee. 3.10 "Grantee" means InletVisions, Inc., its agents, employees, lawful successors, transferees or assignees. 3.11 "dross Revenues" means the annual gross revenues received by the Grantee from all sources of the operations of the System within City including, but not limited to, basic subscriber monthly fees, pay cable fees, installation and recon- nection fees, leased channel fees, converter rentals and adver- tising revenues. The term does not include any sales, excise or other taxes collected for direct pass -through to Local, state or federal government. 3.12 V"Kenai" means the City of Kenai. -R- -�y - - -- -� - - - 3.13 "Installation" means the connocti.on of System from feeder cable to the point of connection. 3.14 "interactive_ Capabilities" menne capability or service that involves a video, voice, anti/or data signals being transmitted by a subscriber hack into System or television sett. 3.15 "Parson" means any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of Alaska, or any natural person. 3.16 "Public Property" moans any real property owned by any governmental unit other than a street. r 3,17 "Resident" moans any person residing in the City of . ( Kenai as otherwise defined by applicable law. 3.19 "Street" means the surface of anti the apace above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any aaaement or right-of-way now or hereaftor held by City Which i shall, within its proper use and meaning in the solo opinion of City, entitle Grantee to' the use thereof for the purpose of installing or transmitting over poles, wires, cables, conduc- tors, 4ur_ts, conduits, vaults, manholes, amplifiers, appliances, attachments stnd other, property as may be ordinarily necessary and pertinent to a System. — - i 3.19 "Sy m" means; a system of antennas, cables, wires, lines, tdwers, wave3guides or other conductors, converters, i 'I -c3- 1 , i ! i equipment or facilities, designed anti constructed for the pur- pose of producing, receiving, tranamitting, amplifying and distributing, audio, video and other forms of electronic or electrical signals, located in City. 3,20 "Subscriber" means any person or entity who subscribes to a service provided by Grantee by moans of or in connection with System Whether, a fee is paid for such service. 3.21 "Tagia4" means observing a two-way communications signal. exchango, Where the observer is neither of the com- municating parties, Whether the exchange is observed by visual or electronic means, for any purpose Whatsoever. 3.22 "Two -Way System" means a distribution system that has amplifiers that can pass video, voice, anti/or data signals in both directions simultaneously. I� h r--- -Pill i i a f SECTION 4. GRANT OF AUTHORITY AND ORNERAG PROVISIONS 4.01 Authoritx for Use of Streets. A. For the purposes of operating and maintaining System in the City, Grantee may erect, install, construct, repair, replace, reconstruct and retain in, on, over, under, upon, across and along the streets within the City such lines, cables, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other pro- perty anti equipment as are necessary and appurtenant to the operation of System, provided that all applicable permits are applied for and granted, all fees paid and all other City cosies and ordinances are otherwise complied with. Prior to construction or alteration, Grantee shall in each case Pile plans with City, all appropriate City agencies and utility companies and receive written approval of such plans. R. Grantee shall construct and maintain System so • as not to interfere with other uses of streets or water, sewer or storm service lines. Grantee shall make use of existing poles; and other facilities available to Grantee. C. Notwithstanding the above grant to use streets, no street shall be used by Grantee if the City in its sole opi- nion determines that such use is inconsistent with the•terms, conditions or provisions by which nuch street was created or dodieated, or presently used. 4.02 Agreement. A. Grantee agrees to be bound by all the terms and con- ditiona of this Franchise. S. Grantee also agrees to substantially comply with all provisions of its application to provide a System within the City and to provide the services set forth in its applica- tion. Further, should the Grantee knowingly fail to comply with its Offering, at City's option, the Grantee shall be in violation of the provisions of this Franchise. In the event of conflicts or discrepancies between the Offering of Grantee an4 the provisions of this Franchise, the reasonable opinion of City shall prevail. 4.03 Area Covered# This Franchise is for the City of Kenai as set forth in Exhibit 1 attached hereto and incorporated herein by reference. 4.04 Police Powers. • A. Grantee's rights are subject to the police powers of City to adopt and enforce ordinances necessary to the health, safety and welfare of the public. 8. Any conflict between the provisions of this Franchise and any other present'or future lawful exercise of police powers of City shall be resolved in favor of City. 4.05 use. of Grantee Facilities. City shalt have the right to install and maintain, free of charge, upon the poles and within tim underground pipes and conduits of Grantee any wires -12- i i 1A 1A and fixtures desired by City. 4.06 Written Notice. All notices, reports or demands required to be given in writing under thin Franchise shall be doomed to be given when delivered personally to any officer of f Grantee or City Manager of City or when seventy-two (72) hours have elapsed after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as followst If City$ 210 Fidalgo Street Kenai, Alaska 99611 If to Grantees Such addresses may be changed by either party upon notice to the other party given as provided in this section. 4.07 Franchise Term. The Franchise shall commence upon the date the Franchise is accepted by Grantee pursuant to the terms of Section 14.03 and shall expire fifteen (15) years thereafter, unless renewed or terminated as hereinafter provided. 4.08 Franchise Non -Exclusive. The Franchise granted herein is nonexclusive. The City specifically reserves the right to grant, at any time, such additional Franchises for a System as it deems appropriate. The City also reserves the right to grant one (1) or more Franchises for the provision of specifically defined services not being provided by any Grantee including but not -13- . limited to institutional communications sorvicea and interactive rosidential sarvice. 11 .. i I "i i' f' - s F -14- . i r i SRCTION 5. MIGN PROVISIONS 5.01 System Qosign Concopt. A. Grantee shall construct a single trunk, single fooder broadband communications system. All mainline ampli- fiers shall be equipped with automatic gain and slope controls to provide for operational stability over variations in temperature. System shall he operated using power supplies equipped with standby powering capabilities to pre- vent outages caused by commercial power in'erruption. 13, All cable used for System shall be Parameter III type coaxial cable or its equivalent and shall be lashed to one -quarter (1/4) inch or larger strand when installed aerially. The cable will be armored and flooded when installed undergoand. C. The hoFadend facility will consist of two (2) seven (7) motor earth stations. 5.02 Initial Channel Capacity. The forward bandpass of System will he from 50 to 300 megahertz. That capacity will allow for the downstream transmission and distribution of up to thirty-five (35) standard television channels, plus FN radio sor- vices. Grantee shall further provide revarse bandpass of from five (5) to thirty (30) megahertz allowing for the upstream tranarnisaion of four (4) standard television channels. 5.03 Two-WaX Canabitity. System shall he capable of passing vtAeo, voice, and/or data signals upstream and downstream -15- 0 r Ic. . eimultanoouely. Two-way capability will not be entirely acti- vatod upon system activation. Notwithstanding anything to the contrary, two-way capability shall he provided for upon System activation from certain locations such as high schools, city hall and the borough building. This will provide the capability of originating programming from thecae Locations. 5,04 Cablecasting Facilities. Grantee shall make available to the public the equipment necessary to produce, either live or on videotape, programming that is of interest to the public. The equipment shall, at a minimum, consist of color television camera, lights, videotape machine, batteries and power adapters. Grantee shall provide the public with training in the use of this equipment and encourage its use. Editing facilities shall be available at Grantee's offices for use by the public to produce the finished! videotape for airing. 5.05 interconnection. Grantee, in conjunction with its parent company, shall construct and operate a microwave intercon- nection system between Grantee's Syetom and that system located in Anchorage. The microwave interconnection system shall he two- way capable upon activation. 5.06 Provision of Service. After service has been established by activating trunk cables for any area, Grantee shall provide service to any requesting subscriber within that area sixty (60) days from the date of request. 5.07 , Technical and Performance Standards. As a minimum, -16» d System technical and performance standards promulgated by the k'CC relating to cable communications systems contninod in subpart K of part 76 of the FCC's rules and regulations relating to cable communications system are hereby incorporated by reference into this Franchise. Standards set forth in Grantee's Offering are also hereby incorporated by reference into this Franchise and shall serve as compliance standards for all testing. The results of any tests required by the FCC shall he Piled within ton (10) days of the conduct of such teats with City and Commission. 5.09 Test and Com fiance Procedure. Grantee's methods and schedules for testing the System on an ongoing basis shall be in compliance with generally accepted industry standards for systems similarly situated. The tests for the System shall, at a mini- mum, be performed periodically, at intervals no greater than every oix (6) months, on a minimum of tan (10) subscriber televi- sion receivers, located throughout the service area. At least Four (4) of those locations shall he at the far and of the , distribution trunk cable. The tort may be witnessed by repre- sentatives of the City and written test reports shall be sub- mitted to the City. If more than ton percent (10%) of the locations tested fail to meet the performance standards, Grantee shall indicate what corrective measures have been taken and the entire teat shall be repented for, at long t ten (10) different locations. 5.09• Emergency Alert. rsrantoe shall immediately install an -17- a � emergency alart system. The emergency alert system shalt be designed and operated so as to allow every subscriber to receive a warning in an emergency situation. The omergency alert system shall be capable of transmiting an audio message which will override all channels. 5.10 Special Testing. A. At any time after commencement of service to subscribers City may require additional tests, full or par- tial tests, repeat tests, different test Procedures or tests involving a specific subscriber's terminal. Requests for such special or additional tests will be made on the basis of complaints received or other evidence indicating an unre- solved controversy or significant noncompliance. A. The following procedures shall apply to any special or additional testing required by Citys 1. If special or additional testing required by City establishes that System is not in compliance with prescribed technical standards, Grantee shall bear all costs of the special. testing.. 2. If special or additional testing required by City establishes that System in in compliance with prescribed technical standards, City shall bear all costs of the special testing. -18- ' a SECTION 6. SERVICE PROVISIONS 6.01 Services to be Provided. Grantee shall provide the initial services and programming, as available, listed in the Grantee's Offering and in this section. Cable Channel Service 2 KTUU AP Sports after sign off 3 WTBS 24 hours 4 Nickelodeon/ARTS/Reuters World News 5 ACCESS/ACSN 6 CNN 24 hours 7 KAKM AP News after sign off S C-SPAN/USA Network/BET/Alive and Well/YOU/USA Sports/ Night Flight/The English Channel Calliope 9 WON 24 hours 10 CBN/PTL Alternating 11 KTVA AP Financial after sign off 12 ESPN 24 hours 13 KIMO AP Alaska News after sign off Option 1 14 1160 24 hours 15 MTV 24 hours 16 WOR 24 hours 17 Beta 18 The Weather Channel 24 hours • -19- I i v Cable Channel I i Option 2 19 MSN/Escapade 20 Future use 21 Future use -20- Sorvico rl i i I i i I - r. 1 9 8LC'CION 7. CONSTRUCTION PROVTSIONS 7.01 initial Service Area. Grantoe shall construct, operate anti maintain a System available to all residents Located within the geographic boundaries of Kenai as set forth in Exhibit I. System will be constructed and operated to provide service at standard installation rates where home density is not less than twenty-five (25) homes per contiguous mile of plant. 7.02 Line Extension. A. Line extensions and service connections shall be furnished, either overhead or underground, in accordance with the applicable formula sot forth below. Be No person in the Grantee's service area shall be refused service. However, in recognition of the capital costs involved for ununual circumstances such as a require- ment for underground cable, special interior wiring, more than 150 feet distance from distribution cable to connection of service to subscribers, or a dwelling unit density of loss than twonty-five (25) dwelling units per cable mile of plant, in order to prevent inequitable burdens on potential cable subscribers in more densely populated areas, service may be made availahle with an installation fee calculated as described below. C. Any dwelling unit not falling into the twenty-five (25) subscriber dwelling units per cable mile of plant will he providocl cable nervice according to tho following line -21- i i 1 ti I 1 1 - �- r a exteng ion policy, Grantee wilt hoar, its pro rats share of i the currant mile of plant construction coot based on the actual number, of potential subscribers per mile divided by twenty-five (25). The remaining construction cost will be borne on a pro rate basis by each actual cable television applicant committing to service within the extension. Mileage will be measured from the and of the nearest trunk fCttbie. ? t. D. When a new subscriber (or subscribers) is (are) k secured who can be served within two (2) years of initiation of service from plant completed under this policy, the J construction costs shall be recomputed under the formula get out in subparagraph C above. The new installation foe, as calculated, shall be divided on a pro rata basis among the original subscribers. 7.03 Construction Permits, Grantee shall obtain a permit, I from City before commencing construction of any cable com- munications system, including the opening or disturbance of any F street, sidewalk, driveway or public place within City. Grantee shall strictly adhore to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of System in City. 7.04 throat occupancy. A. Grantee shall ,arrange its lines, cables and other .appurtenances, on both public and private property, in such a j �4 I -22- .1 manner as to cause no unreaaonahle interference with the use of, said puhlic or private property by any person. In the event of such interference, City may require the removal of Grantee's lines, cables and appurtenances from the property in question at no expense to City. 13, If City determines to require the removal of Grantee's lines, cables and appurtenances, it shall give Grantee ninoty (90) days notice within Which to accomplish the removal. The Grantee shall, upon Grantee's request, be provided a hearing before the City Council regarding this requirement. Failure to comply with this section shall be deemed a violation of this Franchise and be subject to the provisions of Section 9.03 of this Franchise. C. All transmission lines, equipment and structures shall be no installed and located as to cause minimum inter- ference with the rights and reasonable convenience of pro- perty owners and at all times, shall be kept and maintained in a safe, adequate and substantial condition, and in good order, and repair.. Grantee shall, at all times, employ ordinary care and shall install and maintain in use commonly accepted methods and devices for, preventing failures and accidents which are likely to cause damage, injuries, 9r nuisances to the public. Suitable barricades, flags, lights, flares or other devices ahall he used at such times and places as are reasonably required for the oafety of all members -23- • R , Si of the public. Any poles or other, fixtures placed in any I+ public way by Grantee shall be placed in such a manner as not to interfere with the usual travel on such public way. D. Grantee shall, at its own expense, and in a manner approved by the City, restore to City standards and specifications any damage or disturbance caused to the public way as a result of its operations or construction on its behalf. E. Whenever, in case of fire or other disaster, it becomes necessary in the judgment of the City to remove any of Grantee's facilities, no charge shall be made by Grantee against City for restoration and repair, unless such acts J amount to gross negligence by City. , F. Upon failure of Grantee to commence, pursue or complete any work required by law or by the provisions of j this Ordinance to be done in any street, within the time prescribed and to the satisfaction of City, City may, at its i option, cause such work to be done and Grantee shall pay to City the cost thereof in the itemized amounts reported by City to Grantee within thirty (30) days after receipt of such 1 p itemized report. h ' 7.05 Construction Standards. A. Compliance with Safety Codes. All construction practices shall be in accordance with all applicable sections of the Occupational Safety and Health Act of 1970 and any amendments thereto as well as all state and local codes where applicable. 0. Compliance with Electricat Codes. All installation of electronic equipment shall be of a permanent nature, durablo and installed in accordance with the provisions of the Basic ROCA Electrical Code as amended. C. Antennas and Towers. Antenna supporting strueturea (towers) shall be designed for the proper loading as spe- cified in Electronics Industry Association's R.S_ -22A Specifications. D. Compliance with Aviation Requirements. Antenna supporting structures (tower) shall be painted, lighted, J erected and maintained in accordance with all applicable , rules and regulations of the Federal Aviation Administration and all other applicable state or local codes and regulations. E. Construction Standards and Requirements. All of Grantee's plant and equipment, including but not limited to the antenna site, headend and distribution system, towers, house connections, structures, poles, wire, cable, coaxial cable, fixtures and appurtenances shall be installed, located, erected, constructed, reconstructed, replaced, removed, repaired, maintained and operated in accordance with goad engineering practices, performed by experienced main- tenance and construction personnel so as not to endanger or interfere with improvements City may !loom proper to make, or � to interfere in any manner with the rights of any property -25- b owner, or to unnecessarily hinder or obstruct pedistrian or vehicular traffic on City properties. S. Safety, Nuisance, Requirements. Grantee shall at all times employ ordinary care and shall install and maintain in use commonly accepted methods and devices preventing failures and accidents Which are likely to cause damage, injury or nuisance to the public. 7.06 Repair of Streets. Any and all streets Which are disturbed or damaged during the construction, operation, main- tenance or reconstruction of System shall be promptly repaired by Grantee, at its expense and to the satisfaction of City, 7.07 Erection of Poles Prohibited. Grantee shall not erect, for any reason, any pole on or along any street in an existing aerial utility system. If additional poles in an existing aerial route are required, Grantee shall negotiate with the utility for the installation of the nee4od poles. Any such additional poles shall require the advance written approval of City. Grantee shall negotiate the Lease of pole space and facilities from the existing pole owners for all aerial construction, under mutually acceptable terms and conditions. City shall utilize its best efforts to assist in arriving at an equitable pole rental agreement. 7.08 pndeVrounding of Cable. The placement of cables underground is encouraged. In any event, cables shall be -26- 0 installed underground at Grantee's coat where all existing utilL- ties are already underground. Previoualy installed aerial cable shall he placed underground in concert with other utilities, when such other utilities may convert from aerial to underground construction. The City shall notify Grantee of all pending changes from aerial to underground utility installations. Grantee shall place cable underground in newly platted areas in concert with the other utilities. 7,09 Reservations of Street Rights. The following reser- vations in the use or construction on streets shall he complied with by Grantee notwithstanding the grant to use the streets. A. Nothing in this Franchise shall be construed to pre- vent City from constructing sewers, grading, paving, repairing and/or altering any street, or laying down, repairing or removing water mains or constructing or establishing any other public work. All such work shall be hone, insofar as practicable, in such manner as not to obstruct, injure or prevent the free use and operation of the poles, wires, conduits, conductors, pipes or appurtenances of Grantee# if any such property of Grantee herein shall inter- fere with the construction or repair of any street or public improvement, Whether it he construction, repair or removal of a sewer or water main, the improvement of a street or any other public improvement, thirty (30) days notice shall he given to Orantee by City and all such poles, wires, conduits -27- or other appliances and facilities shall he removed or replaced by Grantoo in such manner, as shall be directed by the City so that the same shall not interfere with the said public work of the City, and such removal or replacement shall be at the expense of Grantee heroin. Be Grantee shall construct and maintain System so as not to interfere with other uses of streets. Grantee shall make use of existing poles and other. Facilities which may be available to Grantee, C. No street shall be useA by Grantee if the City in its sole opinion Determines that such use is inconsistent with the terms, conditions or provisions by Which such street was created or dedicated, or presently used. D. if City shall make improvements or changes on all or any part of streets, over, under or along which any part of System has been installed, then and in every case the Grantee shall, after thirty (30) Bays notice from City, proceed to alter, change, vacate or remove from the right -ref -way or easement any part of Hystem neceseary to conform with said City improvements or changes without cost Whatsoever to City. U. All construction or use of streets shall he in con- formance to the then applicable ordinances of City. 7.10 Trimming of Trees* clothing contained in thin Franchise shall be deeme,l to empower or authorize Grantee to cut or trim any trees, ornamental or, otherwise, in any of the streets, alleys -2A- u -�-y.1A or public highways, but Grantoo may cut or trim trees as necessary only pursuant to a prior agreement with the owner of property which is adjacent to the street area in Which such tree stands. 7.11 Street Vacation or Abandonment. In the event any street or portion thereof used by Grantee shall be vacated by City or the use thereof discontinued by Grantee, during the term of this Franchise, Grantee shall forthwith remove its facilities therefrom unless specifically permitted to continue the same, and on the removal thereof restore, repair or reconstruct the street area Where such removal has occurred, and place the street area where such removal has occurred in such condition as reasonably required by City. In the event of failure, neglect or refusal of Grantee, after thirty (30) days notice by City to repair, improve or maintain such streot portion, City may do such work or cause it to be done, and the cost thereof as found and declared by City shall he paid by Grantee as directed by City and collection may be made by Court action or otherwise. 7.12 Movement of Facilities. In the event it is necessary temporarily to move or remove any of Grantee's wires, cables, poles, or other facilities placed pursuant to the Franchise, in order lawfully to move a large object, vehicle, building or other structure over the streets of City, Grantee, upon reasonable notice, shall move at the expense of the person requesting the temporary removal such of his facilities an may be required to -29- 0 A F y; f. facilitate such movements. Grantee reserves the right to require payment in advance for such moving services. Additionally, any service disruption sections of this ordinance shall not apply in the event that the removal of Grantee's wires, cables, poles or other facilities results in temporary service disruptions. 7.13 Relocation Costs. Grantee expressly waives its rights, if any, to relocation costs that might otherwise be provided by law. Any relocation costs shall be borne solely by Grantee upon request of City. f -30- Ms�wsl�ls��rib■sss�:���v SECTION So OPERATION AND MAINTENANCE 8.01 Olen Books and Records. Grantee shall manage all of its operations in accordance with a policy of totally open books and records. City shall have the right to inspect, upon notice, at any time during normal business hours all books, records, maps, plans, income tax returns, financial statements, service jcomplaint logs, performance test results, record of requests for service and other like materials of Grantee Which relate to the operation of this Franchise. Access to the aforementioned records shall not be denied by Grantee on the basis that said records contain "proprietary" information. 8#02 Communications with Regulatory Agencies. Copies of all ,r petitions, applications, communications and reports submitted to Grantee to the Commission, FCC, Securities and Exchange Commission or any other federal or state regulatory commission or agency having jurisdiction in respect to any matters affecting systems operations authorized pursuant to this Franchise shall also be submitted simultaneously to City. Copies of responses from the regulatory agencies to Grantee shall likewise be fur- �� nishe4 simultaneously to City. jl 8.03 Annual Reports. A. Grantee shall file with City, at the time of its annual payment of the franchise fee, as described in this i Franchise, the fallowing: 1. An auditeel financial, statement by an indepen- -31- T Al dent certified public accountant including a statement of income, revenues, operating expenses, capital expen- ditures, depreciation with an attached depreciation schedule, interest paid, taxes paid and balance sheets. 2. Current list of names and addresses of each officer and director and other management personnel, as well as each shareholder having stock ownership of three percent (3%) or more. 3. A copy of each document filed with all federal, ; state and local agencies during the preceding fiscal , year and not previously filed with City, (each of these filings shall be provided at the time the filing is ` made). 4. A statement of its current billing practices. 5. A current copy of its access rules. 6. A current copy of its subscriber service contract, if applicable. B. City and its agents and representatives shall have authority to arrange for and conduct an audit of and copy the books and records of Grantee in addition to those required under this section. Grantee shall first be given five (5) days notice of the audit request, the description of and pur- pose for the audit and description, to the best of City's ability, of the books, records and documents it wants to review. -32- "6;.. NEW1N 8.04 Monitoring and Coml2liance Reports. No later than April 15 of each year, Grantoe shall provide a written report of the FCC performance tests for System required in part 76, Section 76.601 of FCC rules and regulations. In addition, Grantee shall provide for City, in accordance with Section 5.07, reports of the tests and compliance procedures established by this Franchise, no later than ten (10) days after the completion of each series of tests. 8.05 Additional Reports. Grantee shall prepare and furnish to City, at the times and in the form prescribed, such additional reports or documents with respect to its operation, affairs, transactions or property, Which, in the sole discretion of the City, are reasonably necessary. 8.06 Maintenance and Com laints. M A. Grantee shall maintain an office Which shall be open during all usual business hours, have a publicly listed toll -free telephone number, and be so operated as to receive subscriber complaints and, requests for repairs or adjustments on a twenty-four (24)-hour-a-day, seven (7)-day-a-week basis. A written log available for public inspection shall be main- tained listing all complaints and their dispositions. B. Grantee shall render efficient service, make repairs promptly and interrupt service only for good cause and for the shortest time possible. Such interruptions, insofar as possible, shall be preceded by notice and shall -33- IT - I T --1.h - - -- ----- - --- --_-..-- -_ .. -- --- _- - --- t For the purposes of prorating charges an average billing period is defined as thirty (30) days. F. Credit for out of service conditions shall be com- puted to the nearest quarter (1/4) day. Each accumulation of outages totaling six (6) hours shall be a quarter (1/4) day. For the purposes of this section, out of service shall include not only the total failure of System but other situations that significantly reduce its day-to-day service quality normally experienced by the subscriber. G. All subscribers, programmers and members of the general public may direct complaints regarding Grantee's ser- vice or performance to City. In the event resolution of any dispute does not occur, City shall ensure that all subscri- bers, programmers and members of the general public have recourse to a public hearing before City, regarding any complaints, where there is evidence that Grantee has not settled the complaint to the satisfaction of the person ini- tiating the complaint. Upon the request of any party or par- ticipant, City shall act as a board of review of any disputes. Grantee shall abide by a resolution of the dispute by City. H. Grantee shall furnish each subscriber at the time service is installed written instructions that clearly set forth procedures, furnish information concerning the proce- dures for making inquiries or complaint, including the name, -35- H address and local telephone number of the employee or employees or agent to whoin such inquiries or complaints are to be addressed, and furnish information concerning the City office responsible for administration of the Franchise with the address and telephone number of that office. 8.07 Subscriber Contract. Contracts shall not be required as a condition precedent to service except as follows A. Where required by provisions contained in a filed rate schedule, in which the terms of the contract shall be that specified in the schedule and subject to approval by City. B. Where service to he furnished is not generally applicable to other subscribers and may require the use of special facilities. 8.08 Subscriber Practices A. Thera shall be no charge for disconnection of any installation or outlet. If any subscriber fails to pay a • properly due monthly subscriber fee, or any other properly due fee or charge, Grantee may disconnect the subscriber's service outlet, provided, however, that such disconnection shall not he effected until after the later of (i) thirty (30) Mays after the due date of said delinquent fee or charge or (ii) five (5) days after delivery to subscriber of written notice of the intent to disconnect. If a subscriber pays before expiration of the later of (i) or (ii), Grantee shall -36- �� J x, not disconnect. After disconnection, upon payment in full of the delinquent fee or charge and the payment of a reconnec- tion charge, Grantee shall promptly reinstate the subscri- ber's cable service. B. Refunds to subscribers shall be made or determined in the following manner: i i 1. If Grantee fails, upon request by a subscriber, to provide any service then being offered, Grantee shall promptly refund all deposits or advance charges paid for the service in question by said subscriber. This provi- sion does not alter Grantee's responsibility to subscri- bers under any separate contractual agreement or relieve Grantee of any other liability. • 2. If any subscriber terminates any monthly ser- vice because of failure of Grantee to render the service in accordance with this Franchise, Grantee shall refund to such subscriber the proportionate share of the • charges paid by the subscriber for the services not received. This provision does not relieve Grantee of liability established in other provisions of this Franchise. C. If any subscriber terminates any monthly service prior to the end of a prepaid period, a proportionate portion of any prepaid subscriber service fee, using the number of days as a basis, shall be refunded to the subscriber by -37- Grantee. D. Continued failure by Grantee to provide services proposed by it may, in the discretion of the City, be cause for imposition of a penalty. 8.09 Rates and Other Charges. A. All rates and charges subject to local rate regula- tion shall be regulated by City, in a manner to he provided by it. In the absence of any City action taken to exercise rate regulation, Grantee shall be subject to the rate regula- tion provisions provided herein. B. Rates and charges charged by Grantee for monthly r service and installation and other charges hereunder shall be uniform, fair and reasonable and designed to meet all necessary costs of service, including a fair rate of return on the original cost, less depreciation, of the properties devoted to such service. s C. Rates and charges are included in Exhibit II . attached hereto and incorporated heroin by reference. 8.10 Rate Changes. A change in any rate subject to regula- tion, when not inconsistent with applicable requirements of the FCC, the Commission, or other lawful authority, may be initiated by Grantee. Any such rate change shalt be subject to approval by City in accordance with the provisions of this section and the following paragraphs. a• A. No rate change may be made without approval by -38- M y= mod — majority vote of the City Council, Be No rate change shall be approved, that would result in different rates or charges for service to similarly situated subscribers in the City in the sole opinion of City. Co No rate change that in the opinion of City is substantial, will be approved unless all of the standards and prerequisites for review have boon Met and complied with and determinations have been made, all pursuant to this section. D. The standards for reviewing a proposed rate change will include at least the following except When the change is required by FCC or Commission and further review is not deemed , applicable by City Councils 1. grantee's substantial fulfillment of all material requirements of the Franchise) r 2. Quality of service, as indicated by the number and typo of service complaints, Grantee's response to complaints, and the result of periodic System perfor- mance tests t 3. Prevailing rates for comparable services in other cable systems of similar size and comploxityt 4. Rate of return on Grantee's equity, as com- pared to businesses of oquivalont risk. The rate of return shall be calculated on a cumulative basis for all System revenues and coats including services such as -39- pay -television that may be oxempt from local. rate regu- lation. Upon request of City, Grantee shall promptly provide, from the Grantee, its parent company and any subsidiary company, all information as shall be reason- ably necessary to determine System revenues and costs? 5. Performance of Grantee in introducing new ser- vices and expanding System's capability, as compared to other systems of similar size and complexity? 6. The original cost of System less depre- ciation determined on a straight line basis? 7. Tax benefits received by Grantee, its partners or shareholders, as the result of their investment in System? S. Cash flow derived from System services? g. Such other factors as City may deem reasonably relevant. E. In any proceeding, the City may exclude from the accounts of Grantee any payment or compensation to parent or an affiliated interest for any services rendered or property or service furnished unless Grantee shall establish the reasonableness of such payment or compensation. F. The procedures to be followed in changing a rate or charge shall include at Least the followings 1. A proposal for a rate change will he submitted -40- to City and a copy filed with the Commission. is 2. The proposal shall he supported by statistical ` and other proof indicating that the existing rate or charge is inadequate and unreasonable and that the pro- posed increases are required to enable the Grantee to r render service to fulfill its obligations under this j Franchise and to derive a reasonable profit therefrom. 3. The application shall include (or Grantee shall provide at th© request of City) current infor- mation including financial information with at least the following from Grantee or its parent company concerning " the cost of serving the City. a. Balance sheets b. income statements c. Statement of sources and applications of fundsl d. Detailed supporting schedules of expen- ses, income, assets and other items as may be y required by City; e. Statement of current and projected t subscriberst �+ f. A current list of rates and charges of similar systems, owned or operated 'by Grantee or f _ its parent corporation or other subsidiaries or -- - affiliates of its parent corporations -41- ' r •r, R �� _. _M g. A current list of rates and charges for other systems in the state of Alaska. 4. City will notify the Grantee anti the Commission and schedule a public hearing on the request within three (3) weeks from the date of receipt of the application and the determination by City of its comple- teness. City may extend time for receipt of evidence and hiring and reporting of consultant for a period of up to two (2) months. Grantee will notify the public through providing notice for two (2) weeks, each day between 7s00 p.m. and 9s00 p.m. on two (2) channels of the date, place and time of the hearing. City will publish notice ten (10) days prior to hearing in its official newspaper. 5. After closing the public hearing, City will have six (6) weeks within Which to make its deter- mination. Any approved change in rates or charges shall become effective upon the date determined by City. 00 City may utilize a rate consultant to advise it on proposed rate changes and to assist it in maintaining uniform rates within the City. A rate consultant may be any person who has sufficient background and experience, in the sole opinion of City, to properly evaluate and analyze rates and charges. The expense of any rate ronsiittant shalt he borne by Grantee. -42- n �. .. .. —� . � �...,...�.. .. .�.�.— .�. ,.� • it {/ I, s Ete All costs for the review of an application for a rate or charge change shall be paid by Grantee upon demand of City. The cost shall include, but not be limited to, attor- neys' fees, and the reasonable value of services (as deter- mined by City) rendered by City or any of City's employees, agents or representatives. I. Any time limit may be waived only if City and Grantee consent. Bell Periodic Reviews, Evaluation and Upgrading. The field of cable communications is a relatively new and rapidly changing one which may see many regulatory, technical, financial, marketing and legal changes during the term of this Franchise. Therefore, in order to provide for a maximum degree of flexibi- lity in this Franchise, and to help achieve a continued advanced and modern system, the following evaluation provisions will apply: A. City reserves the right to adapt rules and regula- tions controlling the procedures and subjects for periodic • reviews and evaluation. In the absence of any City action taken to exercise these rights, Grantee shall be subject to at least the procedures and subjects described in this section. Be City may require, at its sole discretion, System performance evaluation sessions at any time during the term of this Franchise or as required by federal, or state Law. At a minimum, such evaluation sessions shall be conducted by -a3- i I' I Ih • . City within thirty (30) days of the third, sixth, ninth and twelfth anniversary dates of the effective -date of acceptance of this Franchise by Grantee. C. All evaluation sessions shall be open to the public and notice of sessions published in the same way as a legal notice. Grantee shall notify its subscribers of all eva- luation sessions by announcement on at least two (2) channels of System between the hours of 7s00 p.m. and 9:00 p.m. for five (5) consecutive days preceding each session. D. To assist in review and evaluation, City may enlist an independent consultant to conduct an analysis of System and its performance and to submit a report of such analysis to the City. All consultant fees and costs shall be paid by Grantee. F. Topics which may be discussed at any evaluation session may include, but not be limited to, service rate structures, franchise fees, penalties, free or discounted services, application of now technologies, System perfor- mance, services provided, programming offered, access ehan- nale, facilities and support, local origination, customer complaints, privacy, amendments to this Franchise, judicial, Board and FCC ruling, line extension policies, insurance, and Grantee or City rules. F. During a review and evaluation by City, Grantee shalt fully cooperate with City and shall provide without -44- x, ariire®r: cost such information and documents as City may request to i reasonably perform the service. G. if at any time during its review, or at any other time, City determines that reasonable evidence exists of ina- dequate System performance, it may require Grantee to perform tests and analyses directed toward such suspected inade- quacies at the Grantee's own expense. Grantee shall fully cooperate with City in performing such testing and shall pre- pare results and a report prepared by Grantee shall incU de at least$ 1. A description of the problem in System perfor- mance which precipitated the special tests. 2. What System component was tested. 3. The equipment used and procedures employed in testing. 4. The method, if any, by which such System per- formance problem was resolved. I S. Any other information pertinent to said tests ' and analyses which may be required by City, or deter- mined when the test is performed. H. City may require that tests be supervised at Grantee's expense by a consultant designated by City. The consultant shalL sign all records of special tests and forward to City such records with a report interpreting the results of the tests and recommending actions to be taken. -45- R r I. As a result of a periodic review or evaluation session, City may require Grantee to modify System or to provide additional services. Grantee will comply with any such requirement of City unless technology does not per- mit it or Grantee establishes to the satisfaction of City that the cost would prohibit the implementation of the modi- fication or the additional services. Moreover, if the cost involved in such modification is significant, the Grantee will be eligible to apply for a rate increase pursuant to the procedures established herein. 8.12 Citizens' Advisory Committee. The City may provide for an ongoing Citizens' Advisory Committee which will prepare annually information and status reports of the construction, operation and maintenance of System. The specific nature and composition of this Committee shall be determined by the City after the Franchise becomes effective. -46- Tj i 7-771 i SECTION 9. GENERAL FINANCIAL, AND INSURANCE PROVISION8 9.01 payment to City A. Grantee shall pay to City an annual amount equal to five percent (50) of Grantee's grope annual revenues. Funda received by City pursuant to this section shall be allocated to cable -related activities only and shalt include regula- tion, administration and accoss programming and services. Grantee shall cooperate with and assist City in securing any required waiver from the FCC. a. Payments due City under this provision shall be computed at the and of each calendar year for that calendar your. Payments shall be due and payable no later than thirty (30) days after the date listed in the previous sentence. Each payment shall be accompanied by a briof report showing the basis for the computation and such other relevant facts as may he required by City. C. No acceptance of any payment shall he construed as an accord that the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a release of any claim City may have for further, or additional sums payable under the provisions of this permit. All amounts paid shalt be subject to audit and recomputation by City. D. In the event that any payment or recomputed payment ,is not make on or before the specified date, Granteo shall -49- n 59;; pay as additional. eompenoation an interest charge, computed from such duo date, at the annual rate equal to the commer- cial prime interest rate in effect upon the due date. 9.02 Security Fund A. Within thirty (30) days after the effective date of the Franchise, Grantee shall deposit into a bank account, established by City and maintain on deposit through the term of this Franchise, the sum of Ton Thousand and No/100 Dollars ($10,000.00) as security for the faithful performance by it of all the provisions of this Franchise, and compliance with all orders, permits and directions of City, and the payment by Grantee of any claim, liens and taxes due City Which arise by reason of the construction, operation or main- tenance of System. Interest accrued on this deposit shall remain with the deposit as additional security unless after periodic review City determines, in its reasonable discretion, to rebate all or part of the accrued interest or to reduco the required amount of the security fund. Provision shall be made to permit a designee to withdraw funds from the security fund. Grantee shall not use the security fund for other purposes and shall not assign, pledge or otherwise use this security fund as security for any purpose. R. Within thirty (30) clays after notice to it that any amount has been withdrawn by City from the security funk pur- suant to subdivision (A) of this section, Grantee shall depo- -48- J J sit a sum of money sufficient to rostore such security fund to the original amount. C. If Grantee fails to pay to City any taxers due and anpaidi or, fails to repay to City, any damages, coots or i expenses Which City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchieet or fails, after thirty (30) days notice of such failure by City, to comply with any provision of the Franchise which City reasonably determines can he remedied by an expenditure of the security, City may then seek to withdraw such funds from the security fund pursuant to the procedures specified in paragraph 9.05 herein. 9.03 Penalties from Securit Fund. In addition to recovery of any monies owed by Grantee to City for penalties or any other remedies, as a result of any acts or omiseiona by Grantee pur- suant to the Franchise, City may charge to and collect from the security fund the following penalties: A. For failure to complete System construction in accordance with Grantee's initial service area plan, unless City approven the delay, the penalty shall he One Hundred and No/100 Dollars ($100.00) per clay for each day, or part thereof, such failure occurs or continues. a. For failure to provide data, documents, reports or infoftation to City during a System review, the penalty shall he Fifty and No/100 Dollaru ($50.00) per day for each day, or part thereof, Bauch failure occurs or continues. Co For failure to comply with any of the provisions of this Franchise for which a penalty is not otherwise specifi- cally provided pursuant to this section, the penalty shall be Fifty and No/100 Dollars ($50.00) per day for each day, or part thereof, that ouch failure occurs or continues. D. For failure to meet conditions of City permits, the penalty shall be Fifty and No/100 Dollars ($50.00) per day for each, or part thereof, such failure occurs or continues. E. For failure to test, analyze and report on the per- formance of System following a request by City, the r penalty shall be Fifty and No/100 Dollars ($50.00) for each day, or part thereof, that such failure occurs or continues. . F. For failure by Grantee to modify System or to provide additional services within forty-five (45) days after M` required by City following a periodic review or renegotiation agreement the penalty shall be One Hundred and No/100 Dollars ($100.00) per flay for each day or part thereof that such failure occurs or continues. However, it is understood that some modifications or additional services may not be capable , of implementation within the above -noted time frame. In such an ovent, the time period shall he extended to the extant reasonable, 'to Forty-five (45) days following notice from City of .a failure of Grantee to comply with construction, operation � or maintenance standards, tho penalty shall be One Hundred and No/100 Dollars ($100.00) per day for each day, or part thereof, that such failure occurs or continues. Ti. For failura to provide the services Grantee has proposed, including but not limited to the implementation anti the utilization of the access channels and the making available for use of the equipment and other facilities to the public, the penalty shall be One Hundred and No/100 Dollars ($100.00) per day for each day, or part thereof, that sisdh failure occars or continues. I. Each violation of any provision of this Franchise shall be considered a separate violation for Which a separate penalty can he imposed. 9,04 Relation to Other Remedies. Exclusive of the penalties set out above in this section, a violation of any provision of this Franchise is a misdemeanor and is enforceable by City. 9,05 Procedure. Whenever City finds that Grantee has violated one (1) or more terms, conditions or provisions of this Franchise, a written notice shall be given to Grantee informing it of such violation or liability. Oranteo may, within ten (10) days of notice, notify City that there is a dispute as to Whether a violation or failure han, in fact, occurred. such notice by Grantee to City shall specify with particularity the matters disputed 4by Grantee. A. City shall hear Grantee's dispute at its regularly -51- r , scheduled mooting. City shall supplement the docinion with written findings of fact. S. upon a determination by City that a violation or Liability exists, City may withdraw appropriate sums from the security funds Grarateo shall pay all coots associated with hearing the appeal. C. The security Lund deposited pursuant to this sec- tion shall become the property of City in the event that the Franchise is cancelled by reaoon of, the default of grantee or revoked for cause. Grantee, however, shall be ontitled to the return of such security fund,,or portion thereof, as remains on Deposit at the expiration of the term of the Franchise, or upon termination of the 8ranchiee at an earlier date, provided that there is then no outstanding dofault on the part of Grantee. Do The rights reserved to City with respect to the security fund are in addition to all other rights of City, whether reserved by this Franchise or authorized by law, and no action, proceeding or exercise of a right with respect to such security fund shall affect any other right City may have. Be City reserves the right, in its reauonable dtocre- tion, to award Grantee for prompt and good performance in the conatruction and maintenance and operation of System. City may rebate to Grantee all or any portion of accrued -52- J I _ n .. Y . ■ interest in the security fund because of early completion of the construction of 9yatem and for such other reasons as may be determined, based on the periodic evaluation specified in this Franchise or at any time determined by City. 9.06 Bonds A. IA., at any time during the term of this Franchise, Grantee constructs additional System or rebuilds existing System and the cost thereof shall exceed the sum of Twenty Thousand And No/100 Dollars ($20,000.00), Grantee shall, prior to construction or rebuild thereof, file with City a performance and payment bond, or a performance and payment bond together with such other security as is approved by City. The bond shall run to City in the penal sum of an amount equal to the estimated construction or rebuild cost or such looser amount as City, in its sole discretion, determines necessary to adequately assure the construction or rebuild as contemplated. Be The rights reserved by City y+ith respect to the bond are in addition to all other rights City may have under the Franchise or any other law. Co The bond shall be subject to the approval of the City and shall be in full force and effect at all times until Grantee has liquidated all of its obligations thereunder aaith City. M The bond shall contain the following endorsements -53- i r n i "It is hereby understood and agreed that this bond may not be cancelled until sixty (60) days after, recaipt by City, by registered mail, return receipt requested, of a written notice of intent to cancel or not to renew." 9.07 indemnification. A. Grantee shall hold bareness City for all damages .and penalties as a result of the exercise of this Franchise. These damages and penalties shall include, but shall not bo limited to, damages arising out of copyright infringement, defamation and all other damages arising out of the construc- tion, operation, maintenance or reconstruction of System authorized herein, Whether or not any act or omission complained of is authorized, allowed or prohibited by this Franchise. Be Grantee shall pay all expenses incurred by City in defending itself with regard to all damages and penalties mentioned in section (A) above. These expenses shall include all out-of-pocket expenses, such as attorneys' fees, and shall also include the reasonable value of any services ren- dered by any employees of City. 9.08 GiabilitX Insurance. A. Grantee shall maintain, throughout the term of this Franchise, liability insurance insuring both Grantee And City and City's officers, boards, commiasione, elected officials, agents and employees with regari to all damages mentioned in -54- paragraph A of the section entitled "Damagas and Defense" shove, in the minimum amounts of: Five Hundred Thousand and No/100 Dollars (0500,000.00) for bodily injury or death to any one pereont One Million and No/lOO Dollars ($1,000,000.00) for bodily injury or death resulting from any one accidentt One Hundred Thousand and No/l0O Dollars ($100,000.00) for property damage resulting from any one (1) accidontt Five Hundred Thousand and No/100 Dollars ($500,000.00) for all other types of liability, Be Because Grantee will be.working in the public streets continually, the insurance will cover comprehensive form, premises -operations, explosion and collapse hazard, unierground hazard and products completed hazard in the mini- mum amount of Three Hundred Thousand and No/100 Dollars (0300,000,00) or Whatever limits permitted by the state for bodily injury and property damage combined. The City shall be additionally insured and receive t4irty (30) days written* notice of cancellation. The policy must cover Grantee and any agents of Grantee unless the agents are similarily covered. C. Upon the effective Hate of this Franchise, Grantee shall furnish proof to City that a satisfactory insurance policy has been obtained. Said insurance policy shall be approved by City and such insurance policy, along with writ- -55- do — ton ovt4once of payment of roquirad promiumo, *halt he riled anti maintained with City. -56- lJ ro � r i SECTION 10, FORSC LOSI)RE, ARMnONME:NT AND REVOCATION 10.01 Foreclosure. Upon the foreclosure or other judicial Bate of System, Grantee shall notify City of such fact and such notification shall be treated as a notification that a change in control of Grantee has taken place, and the provisions of this Franchise governing the consent to transfer or change in ownership shall apply without regard to how such transfer or change in ownership occurred. 10.02 Abandonment. Grantee may not abandon any service or portion of System without having given three (3) months prior written notice to City and Commission., Further, Grantee may not abandon any service or any portion of System without compen- sating City for damages resulting from the abandonment. The amount of damages resulting from abandonment shall be determined by City. Any such abandonment or discontinuance of service shall he subject to the rules and regulations of Commission. 10.3 Revocation. City reserves the right to revoke the Franchise granted hereunder and rescind ail rights and privileges associated with the Franchise in the following circumstances, each of which shell represent a default and breach under this Ordinance: he If the Grantee should default in the performance of any of its material obligations antler this Ordinance or under such documents, contracts and other terms- and provisions entered into by and between City and Grantees -57- l . .... -J4... .. _. .. _. Be If Grantoo nhould froyuantly violate any ornoro or rulings of any rogul story hotly having jurindiation ovor Grantee relative to thin Pranchine unloso such or.,lera or rulings are boincl contented by Grantee in a court of Bomb potent juriedictiont C. It. Orrantee attempto to evade any of the provisions of this franchise or praeticea any fraud or deceit upon Cityl A. If Grantee bocomos insolvent, unable or unwilling to pay its debts, or is all judgocl a bankrupt. 10.04 Procedure for. Revocation. City shall make written I demand that Grantoo comply with any such requirement, Limitation, i terms, condition# rule or regulation or, correct any action doomed cause for revocation. If the failure, rofuoal or neglect of Grantee continues for n poriod of thirty (30) days following such written demand, City may place its roquest for termination of the Franchise upon a regular. City Council moating agandn. A. The Council nvhat,l hoar, any parsons including Oranteo interested tharoin, an4 shall ,fttormine, in its discretion, whether, or not any failuro, rofusal or neglect by Grantee was with just cause. 0. If such Failure, rofusal or neglect by the ©mantes was with just cause, the Council shalt direct the Grantee to comply within such timo and mannor and upon such terms ian4 con<titionu as aro reriaonzble. C. If the C,ouneit shall, aetarmino nuah F.,liturno roF,u- -5A- + d d, 1 sat or neglect by the Orantee wao without juat cauoo, then the council may, by roeolution, doclaro that the Vranchieo of Grantee ahall be terminated and bond forfeited unlese there he compliance by Granted within such period as the council _ may fix. p. L I 1 -59- .. r ^ _..--------- --- - -_ = -.-- - axs . •. .aa. Ji--..� t-.<.__ _ a a a--:.—=--r. i x s �I its .. SECTION ll. Puiteartsip or sys-n.-m 11.01 City's Right to purahann $stain. City shall he ontitleA to a right of first refusal of any bona fide offer to purchase System made to Grantee. Rona fide as used in this section means an offer received by Grantee that it intends to accept. In the evont City 4eeides to purchase, the price shall be current market value or, bona fide offer., Whichever is less. City shall notify Grantee of its decision within ninety (90) days of the date it becomes aware of a possible purchase by receipt of notice from Grantee Which notice shall be given in writing to City within fifteen (15) days of offer. 11.02 General Purchase Provisions. A. City may, upon payment of a fair valuation, purchase, take over and hold the property and plant of Granted in Whole or in part in the following eireumstancees to If such purchase or taking over be at the expiration of the Franchise, such valuation shall be at fair market value, exclusive of the value attributed to the Franchise Ltselft 2* if such purchase or taking over be at the revocation of the Prancshise, such valuation shall be at brook value of Lnittal cost lean acrnunulateR depregiation. R, In no event obal.t any valuation upon the purchase at expiration or revocation be given to the Franchise. 11.03 Procedures. in the event City elects to exercise its -60- J I 4 r, I 'T right to purchase System an provided in this section, the following shall then apply$ A. City and Grantee shall negotiate all other terms and conditions of the purchase of System. 13. If City and Grantee cannot agree upon the terms and conditions of the purchase, City or Grantee shall have the right to proceed to arbitration. Arbitration shall commence and proceed according to applicable Alaska law except as follows$ 1. The parties shall, within fifteen (15) days of the decision to proceed to arbitration, appoint one (1) arbitrator each Who is experienced and knowledgeable in the purchase and valuation of business property. Arbitrators shall each agree upon the selection of a third arbitrator, similarly qualified, within fifteen (15) days after appointment of second arbitrator. 2. Within thirty (30) days after appointment of all arbitrators and upon ten (10) days written notice t; parties, the Arbitrators shall commence •a hearing on the terms and conditions of the purchase in dispute. 3. The hearing shall be recorded and may be transcribed at the request of either party. All hearing procea41ng9t debates and doliherations shall be open to the public and at such times and places as contained in the notice or au thereafter publicly stated in the order -61- n A . to adjourn. a. Tho arbitration panel shall be required to determine the purchase price of System. S. At the close of the hearings and within thirty (30) days, the arbitrators shall prepare written fin- dings and make a written decision agreed upon by a majority of the arbitrators Which shall be sorvall by mail upon City and Oranten. <. The decision of a majority of the arbitrators shall be binning upon both parties except that City may, in its sole discretion and without any penalty or cost to City of any kind, withdraw its offer to purchase within sixty (60) days of receipt of the final decision of a majority of the arbitrators. 7. Either party may seek judicial relief to the extent authorized under Alaska law and, in addition, under the following aircumstancest a. A party fails to select an arbitrators b. The arbitrators fail to select a third arbitrators Co One (1) or more arbitrator is unqualifieds • d. Designated time Limits have been exceeded s e. The arbitrators have not proceeded expe- ditiouslys or -62- r 'tJ A�• ■ 1 ZL f. Baoed upon the record, the arbitrators abuseii their discretion. A. in the event a Court of competent jurisdiction determines the arbitrators have abused their discretion, it may order the arbitration procedure repeated and issue findings, orders and directions, with costs of suits to be awarded to the prevailing party. 9. Cost of arbitration shall he borne equally. C. The date of valuation shall be no later than the late City makes a written offer for System. -63- i M •• ! 1 � i � _.- SEXTIAN,12. RIGHTS OV INDIVIMA[.S PROTGCTO, 12.01 Discriminatory Practiced Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel usorrs, or general citizens on the basis of race, color,, religion, national origin, age or sox. Grantee shall comply at all times with all other applicable federal, state and local laws and regulations, and all executive and admi- nistrative orders relating to nondiscrimination Which are hereby incorporated and made a part of this Pranchise by reference. 12.02 F ual.mXmont. Grantee shall strictly adhere to the equal employment opportunity requirements of the FCC, state and local regulations and as amended from time to time. 12.03 Cable Tapping Prohibited. Neither Grantee, nor any person, agency, or entity shall, without the subscriber's con- sent, tap, or arrange for the tapping, of any cable, line, signal input device, or subscriber outlet or receiver for any purpose except routine maintenance of System, polling with audience participation, or audience viewing surveys to support advertising research regarding viewers Where individual viewer behavior can- not be identified. 12.04 Subscriber Privacy. In the conduct of providing its services or pursuit of any cottaterat commercial enterprise xes"Iting therefrom, Grantee shall take any rind all necessary action to prevent an invasion of, a subscriber's or general citi- zen's right to privacy or other personal rights as such rights -64- . r i s . J r are delimited and defined by applicable law. Grantee shall not without .Lawful court order or other applicable valid legal authority utilize System's interactive two-way equipment or capability for unauthorized personal surveillance of any subscriber or general citizen. 12.05 Permission of Pr2eertxr Owner Required. No cable line, wire, amplifier, converter, or other piece of equipment owned by Grantee shall be installed by Grantee without first securing the written permission of the owner of any property involvedi pro- vWai3, howevar, that Where the property owner has granted an easement or a servitude to another and the servitude by its terms contemplates uses such as Grantee's intended use, Grantee shall not be required to secure the written permission of the owner for the installation of cable television equipment or facilities unless Grantee elects to do so. If permission is Later revoked, whether by the original or a subsequent owner, Grantee shall remove forthwith any of its equipment which is visible and movable and promptly reotore the property to its original con- 41tion. 12.06 Sale of Subscriber Lists Prohibited. Grantee shall not sell or otherwise make available lists of the names and addresses or subscribers, or any list Which identifies, byname, subscriber viewing habits, or personalize{1 data pertaining to a subscriber's use of any of Grantee's services without the con- sent, express or implied, of the sabscsriher to Which the per- -65- I i i i t'• • ♦3, n � v i i i sonalized data pertains. For purposes of this section, "personalizeA Qata" shall mean the name and addresses of an indi- vidual subscriber directly aasociateri with data obtained on his u f or her use of specific services previt'le cl by or through Grantee. Nothing herein shall be construed to prevent, as a normal inci- bent of commercial enterprise, the sale or availability of "non -personalized" or "aggregated data" which is not personalized i data as defined herein. . F e .. L a �7 F f 10 F y /J .. r !-• 4i SECTION 13. MISCELLANEOUS PROVISIONS 13.01 Com liance with Laws. Grantee shall conform with all the state Laws and rules regarding cable communications not later than one (1) year after they become effective, unless otherwise stated. Grantee shall conform with all federal laws and regula- tions regarding cable communications as they become effective. Grantee shall also conform with all City ordinances, resolutions, rules and regulations heretofore or hereafter adopted or established during the entire term of the Franchise. 13.02 Sale of Transfer of System. A. System shall not be sold, assigned or trapsferred, either in Whole or in part, or leased, sublet or mortgaged in any manner, nor shall title thereto, either legal or equitable, on any right, interest or property therein, pass to or vest in any person without full compliance with the procedure set forth in this section. This section shall include sale or transfer of all or a majority of a corporation's assets, merger (including any parent and its subsidiary corporation), consolidation, Creation of a susidiary corporation or sale or transfer of stock in a corporation so as to create a new controlling interest. The term "controlling interest" as used herein is not Limited to majority stock ownership, but includes actual working control in whatever manner exercised. 1. The parties to the sale or transfer of System -67- i - � N tl ti f shall make a written request to City for its approval of a sale or transfer of System. 2. City shall reply in writing within thirty (30) days of the request and shall indicate approval of the request or its Aetermination that a public hearing is necessary glue to potential adverse effect on the com- pany's subscribers. 3. if a public hearing is doomed necessary pur- suant to (2) above, such hearing shall be conducted within thirty (30) days of such determination and notice of any such hearing shall be given fourteen (14) days prior to the hearing by publishing notice thereof once in a newspaper of general circulation in the area being served by System. The notice shall contain the date, time and place of the hearing and shall briefly state the substance of the action to be considered by the City. 4. Within thirty (30) days after the public hearing, City shall approve or deny in writing the sale or transfer request. 5. Grantee, upon transfer, shall within sixty (60) days thereafter file with City a copy of the•dee(3, agreement, mortgage, lease or other writen instrument evidencing such sale, transfer of ownership or control or lease, certified and sworn to as correct by Grantee. -68- I s �• T i s i B. In reviewing a request for sale or transfer pur- suant to paragraph A above, City may inquire into the quali- fications of the prospective controlling party, and Grantee shall assist City in so inquiring. City may condition said transfer upon such terms and conditions as it deems reaso- nably appropriate. to no event shall a transfer or assign- i meet of ownership or control be approved without the i transferee becoming a signator to this Franchise. 13.03 Amendment of Franchise And Variance. A. Amendment of Franchise Ordinance. After published notice, public hearings and deliberations of City, this _ Franchise may be amended upon a majority vote of the ; Council of City and the written consent of Grantee. I t. i3. Variance Applications and Procedure. 1. When the Franchise Administrator determines that a proposed change, alteration or substitution in Grantee's Offering will he noncontroversial in nature, - ------ the following procedure may be utilized rather than the provisions of paragraph (A) above. a. The Franchise Administrator shall give notice of the intention to change, alter or substi- tute a provision of the Offering without public hearing. The notice shall be given by publication in the official newspapers of City. The notice shall include a summary of the proposed change, -69- alteration or substitution. The notice shall include a statement advising the public: 1) That they have ten (10) days in which to submit comment on the proposed change, alteration or substitutions 2) That no public hearing will be held unless seven (7) or more persons make a writ- ten request for a hearing within the ten (10) i i day comment periods and i 3) Of the manner in which persons shall request a hearing on changes proposed pursuant to this subdivision. b. Applications for variance shall be file-9 with the Franchise Administrator and subject to the following procedures: 1) An application fee of Fifty Dollars 050.00) plus actual costa incurred by City, including costs of outside consultants, shall be paid to City by applicant. 'An application for variance may include more than one (1) variance request if the Franchise Admin- istrator determines that there is su££igient I 1 similarity or relationships between issues to warrant the use of only one (1) application. 2) The Franchise Administrator shall -70- 4 i M. give notice of the application to City and Grantee of the date, time and place for review of the application. 3) The Franchise Administrator shall review the application within fourteen (14) calendar days of publication of the notice unless a public hearing is require:3. 4) In the event a public hearing is required, the hearing shall be held within ten • (10) calendar days after demand for such a hearing has been met. The Franchise Admin- istrator shall review the application within seven (7) calendar days of the conclusion of the public hearing. 5) City shall receive a report of the findings of the Franchise Administrator at its next meeting following the (late of review by the Franchise Administrator. 6) The variance will be• deemed approved by a majority vote of City. c. Before a variance is grantee, the following•findings shall be made by the Franchise Administrator and shall be included in the report to Grantors , 1) The requested variance is a minor -71- i 1 deviation from the offering and is consistent ri i with the Franchise in the sole judgment of Grantor. 2) Application of the provisions of the Franchise may result in a hardship to the applicant and to grant a variance would not be detrimental to other affected parties. 3) Due to expense or delay, it would be unreasonable to perfect such changes by • ordinance amendment. ' 4) Undue delay, expense of other adverse results will not occur by approval of the required variance. 5) If a variance is because of tech- nical or cost reasons, the variance will �.� result in equal or better technical standards of cost efficiency. ` 13.04 Continuity of Service Mandator Upon either the l' expiration or revocation of the Franchise, City may require Grantee to continue to operate System for an extended period of time not to exceed six (6) months from the date of such expiration or revocation unlAss extended by Council resolution. _4 :- Grantee shall, as trustee for its successor in interest, continue to operate System under the terms and conditions of this Franchise and to provide the regular subscriber service and any -72- t 3 , lr I ' ., I w and all of the services that may be provided at that time. 13.05 Removal after Termination or Revocation i A. At the expiration of the term for which this Franchise is granted, if not renewed, or upon its revocation or termination, City shall have the right to require Grantee to remove, at Grantee's expense, all or any portion of System from all streets and public property within City. In removing System, Grantee shall refill and compact at its own expense, any excavation that shall be made by it and shall leave all streets and other property in as good a con- dition as that prevailing prior to Grantee's removal of System, and without affecting, altering or disturbing in any i way electric, telephone or other utility cables, wires or attachments. City, or its delegation, shall have the right to inspect and approve the condition of such streets and public property after removal. The Security Fund, Bonds, Insurance, Indemnity and Penalty provisions of this Franchise shall remain in full force anti effect during the entire term of removal. A. If, in the reasonable judgment of City, Grantee has faile(i to commence removal. of System, or such part thereof as was designated by City, within thirty (30) days after written notice of City's demand for removal is given, or if Grantee has failed to complete such removal within one (1) year after written notice of City's demand for removal is given, City -73- 1'- 1 shall have the right to exercise one (1) of the following options: 1. Declare all right, title and interest to System to be in City with all rights of ownership } including, but not limited to, the right to operate System or transfer the System to another for operation 2. Declare System abandoned and cause System, or , I such part thereof as City shall designate, to be removed at no cost to City. The cost of said removal shall be d recover9ble from the Security Fund, Bonds, Insurance, Indemnification and Penalties provisions provided for in this Franchise, or from Grantee directly as a liquidated i damage. . I C. Any portion of System not designated by City for removal shall belong to and become the property of City *' without payment to Grantee and Grantee shall execute and deliver such documents, as City shall request, in form and substance acceptable to City, to evidence such ownership by City. 13.06 Work Performed by Others A. Grantee shall give notice to City specifying the I names and addresses of any other entity, other than Grantee, which performs services pursuant to this Franchise, provided, however, that all provisions of this Franchise remain the responsibility of Grantee. -74- B. All provisions of this Franchise shall apply to any subcontractor or others performing any work or services pur- suant to the provisions of this Franchise. 13.07 Duty to Grantoo. Nothing contained in this Franchise shall relieve any person from liability arising out of the failure to exercise reasonable care to avoid injuring Grantee's facilities while performing any work connected with grading, regrading or changing the line of any street or public place or with the construction or reconstruction of any sewer or water Sys tem. • 13.08 separabilitXr Non -Material Provisions. 2f any provi- sion of this Franchise or any related agreements is held by any court or by any federal, state, or county agency of competent jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter in effect, or is held by such court or agency to be modi.fie4 in any way in order to conform to the requirements of any such law, rule or regula- tion, and if said provision if; considered non -material by City, said provision shall be considered a separate, distinct and inde- pendent part of this Franchise, and such holding shall not affect the validity and enforceability of all other provisions hereof. • in the event that such law, rule or regulation is subsequently repealed, rescinded, amended or otherwise change49, so that the provision hereof or thereof vfnich had been held invalid or modified is no longer in conflict with the law, rules and regula- -75- t , tione then in effect, said provision shall thereupon return to full force and effect and shall thereafter be binding on the parties hereto, provided that City shall give Grantee thirty (30) t k days written notice of such change before requiring compliance - with said provision. . 13.09 5eparabi� - Material Provisions. If any material section of this Franchise, a3 9etermineil by the City, is held to be invalid or preempted by federal or state regulations or laws, City shall negotiate with Grantee appropriate modifications to the Franchise to•provide reasonable relief from such invalidity or preemption, including the payment of penalties. If the par- r ties are unahl3 to reach agreement on such modifications, then ; . the dispute will he submitted to a mutually agreeable arbitrator, ' in accordance with state law, Who will determine What modifica- tions and/or damages are appropriate. The arbitrator's decision K• shall he binding on the parties, provi4ed, that no decision of the arbitrator shall require City or Grantee to be in viola- tion of any federal or state law or regulation. 13.10 No Recourse Against Ctty. Grantee shall have no recourse whatsoever against City or its officials, boards, com- missions, agents or employees for any lose, costs, expense or damage arising out of any provision or requirement of the ' Franchise or because of the enforcement of the Franchise. 13.11 Nonenforcement by City. Grantee shall not he relieve+i of its obt igation to comply with any of the provtstons of this -76- I-s Franchise by reason of any failure of the City to enforce prompt compliance. 13.12 Administration of Franchise. A. City shall have continuing regulatory jurisdiction and supervision over System and Grantee's operation under the Franchise. City may issue such reasonable rules and c. regulations concerning the construction, operation and main- tenance of System as are consistent with the provisions of the Franchise and state or federal law. S. Grafitee shall construct operate and maintain System subject to the supervision of all.the authorities of City Who have jurisdiction in such matters and in strict compliance with all laws, ordinances, departmental rules and regulations affecting System. C. System and all parts thereof shall be subject to the right of periodic inspection by City. 13.13 General Provision on Rights and Remedies A. All rights and remedies given to City by this Franchise shall be in addition to and cumulative with any and all other rights or remedies, existing or implied, now or hereafter available to City, at law or in equity, and such rights and remedies shall not be exclusive, but each and every right and remedy specifically given by this Franchise or otherwise existing or given may he exercised from time to time and as often and .tn such order as may he deemed expe- -77- a . =a client by City, and the exercise of one (1) or more rights or remedies shall not he deemed a waiver of the right to exer- cise at the same time or thereafter any other right or remedy. No delay or omission of City in the exercise of any right or remedy shall impair any such right or remedy, nor shall any such delay or omission be construed to be a waiver of or acquiescence to any default. The exerrtse of any such right or remedy by City shall not release Grantee from its obltgations or any liability under this Franchise. B. Invaddition to all other remedies granted or available to City, City shall be entitled to the restraint by injunction of the violation, or attempted or threatened violation, by Grantee of any terms or provisions of this Franchise, or to a decree compelling performance by Grantee of any tern or provision of, this Franchise. C. To the extent any provision of the offering or rules of Commission are not specifically set out in this Franchise or not validly incorporated herein by reference, City, from time to time, may amend this Franchise to include such provision effective as of the date of commencement of the Franchise term or any such rule effective as of the date 01 of commencement of the Franchise term or adoption of the rule, whichever is Later.. Grantee, by acceptance of this Franchise, consent:; to and agrees to he bound by any such 4maniments. -78- 0 .. _ - . . /" D. Grantee agrees that it will not, at any time, set up against City in any claim or proceeding, any condition or term of this Franchise as unreasonable, arbitrary, void or Chat City had no power or authority to make such term or con- dition, but shall be required to accept L•he validity of the terms and conditions of this Franchise in their entirety. F,0 in case of any dispute or question as to the :Weaning, interpretation or application of any term, provision or condition of this Franchise, City, in its reasonable discretion, Mali resolve such dispute or question. P. City reserves the right•to delegate and reQelegate from time to time any of its rights or obligations under this Franchise to any body or organization. Any delegation by City shall be effective upon written notice by City to Grantee of, such delegation. Upon receipt of notice by Grantee of City's delegation, Grantee shall be bound by all terms and conditions of the delgation not in conflict with this Franchise. Any such delegation, revocation or redelega- tion, no matter how often made, shall not be deemed an amend- ment to this Franchise or require any consent of Grantee. -79- I - i r u I SECTION�14. _ EFFECTIVE ,DATE j ,PUBLICATION; ACCEPTANCE.; GUARANTEE; RXHIRITS 14.01 Publications Effective 1Jate. This Franchise shall be signed by the City Manager of City and attested by the City Clerk of City. This Franchise shall take effect upon publication within fifteen (15) days after adoption. This Franchise may incorporate by reference, without publication in full, a statute of Alaska or a rule of the Commission or the FCC and the Offering of Grantee. 14.02 publication of Notices. All public notices required to be published by City, including this Franchise or an official summary thereof, shall be published in the official newspaper of City. Grantee shall pay the costs for publication of this Franchise and amendments to it, as such publication is requirei by law. 14.03 Time of Acceptance; Guaranty; Incorporation of Offerin,,1; C41ki»its A. Grantee shall have thirty (30) days from effective date of this Ordinance to accept the Franchise in form and substance acceptable to City, unless the time for acceptance is extended by City. B. Upon acceptance of this Franchise, Grantee shall be bound by all the terms and con(iitions contai.nel herein. Grantee shall provide all services and offerings specifically set forth in the Offering to provide cable communication ser- -s3o- J 6 f , vice within the City and, by its acceptance of this Franchise, Grantee specifically agrees that the offering of Grantee, including all promises, offers, representations and inducements contained therein, is specifically incorporated by reference and made part of this Franchise. The failure to refer to the Offering in any specific provisions of this Franchise shall not he a limitation on the obligation of Grantee to fully comply with the Offering. Grantee further acknowledges that• all promises, offers, representations and inducements contained in the Offering of Grantee were freely and voluntarily made to City by Grantee. C. The Offering shall be permanently kept and filed in the Office of the City and the originals or reproductions thereof shall he available for inspection by the public during normal business hours. A. In the event of conflicts or discrepancies between any part of the Offering and the provisions of this Franchise those provisions Which provide the greatest benefit to City, in the reasonable opinion of City, shall prevail. E. Grantee shall have continuing responsibility for this Franchise, and since the Grantee is a subsidiary of a • parent corporation, the parent corporation shall execute a guaranty approved by City and the Grantee shall deliver the executed Guaranty to the City at time of, and as part of, acceptance of this Franchise. -81- w �l F. With itR acceptance, grantee also shall deliver to City an opinion from its legal counsel, acceptable to City, stating that this Franchise has 'been duly accepted by Grantee, that the guarantees have been duly executed and delivered, that this Franchise and the guarantees are enfor- ceable against Grantee and the guarantors in accordance with their respective terms, and v&ieh opinion shall otherwise be Ui form and suhstnnrd acceptable to City. �3. With its .acceptance, Granters at:jo shall deliver, to City true and correct copies of documents creating Grantee and evidencing the power and authority referred to in the , opinion of Grantee's counsel, certified as of a then current date by public office holders to the extent possible and ;_ otherwise by an officer of Grantee. H. Each exhibit is a part of this Franchise and each is specifically incorporated herein by reference. I. Upon acceptance by Grantee, all fees and charges +. for acceptance of this Franchise and all costs and expenses incurred by City shall he paid in full. City shall provide ' to Grantee an itemized statement of its expenses. Any costs not identified by City before date of acceptance shall be Paid promptly to City when an itemization of such costs and expanses is provided to Grantee. J. Acceptance shall be construed to be an acceptance of j and consent to all the terms, conditions and limitations con- _82- tainad in the ordinance granting the Franchise 49 watt an the provisions of the Code of Ordinances of the City of Konai. Furthermore, such acceptance shall, for 411 purposoe con. tained in said Franchising Ordinance, be considerOd an agreement between tho City and the Grantee and, in the event of the legal inability of tho City to exercisin Franchising or roqulatory authority, P.110A Uornamont shaft survive and he con- sirlucatl a contract hetwoen the partioa in,l he enforceable according to its terms. J 1 1 /3 I ¢ � I ' 1 l 1 -R3- Massed and adortod this day of _-- � 19 ATTEM Byc ty�c er o Kenai $y'mayor a-T—This Pranahis© is accepted, anti we agree to be hound by all its terms and conclitions. DATI:Dt�.N._._, Byyr i--____�.r.___ Sy tst J «,.c.. / �` r 0 r���'�✓R � �.'!'L� (i (�a t 'Y`ft.� /2.f�-Q/.E��'y"Ye I ✓ col 7 0-0 I P r