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1984-08-15 Council Packet
Kenai City Council Meeting Packet August 15, 1984 W AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 15, 1984 - 7s00 PH WORK SESSION - 600 PH PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda • All items listed with an antorink (•) are considered to be routine and non -controversial by the Council and will be approved by one motion. There will be no separate discuselon of these items unlens a Counell member so requests, in which case the item will be removed from the Consent Agenda and considered in its normal sequence on the agenda as port of the General Orders. B. PERSONS PRESENT SCHEDULED TO BE HEARD 643�^ C" — 1. Ed Call tn� �� y:�Q S e. Cook Inlet View Dr. Fence, Lilac St. AQ:a+Q`^0, �_o �. 1 b. Zoning of Mobile Homes �4ww 1'�S A. �s S 2. Architect Carmen Gintoli - Library Expansion _. yk - 1 C. PUBLIC HEARINGS 1. Ordinance 960-84 - Establishing Assessment Fund Sprucewood Glen - $227,000 1. Ordinance 961-84 - Amending Kenai Municipal Code Sign Code 3. Ordinance 962-84 - Amending Zoning Map - Lawton Acres S/O 4. Resolution 84-93 - Transfer of Funds - Airport Vehicle Parking Lot - $20,000 5. Resolution 84-94 - Transfer of Funds - Airport Runway - $35,000 6. Resolution 84-95 - Directing Continuation of Sprucewood Glen Assessment District 7. Resolution 84-96 - Accepting State Grant - Boat and/or Barge Facility - $1,000,000 8. Resolution 84-97 - Accepting State Grant - Public Safety Building Renovation 8 Expansion - $814,000 9. Resolution 84-98 - Awarding Construction Contract - Standard, Richfield, Thompson Place Jr 10. Resolution 84-99 - Awarding Construction Contract - "••��" Stellar Dr. Special Assessment District `�44. 11. Resolution 84-100 - Awarding Construction Contract - e,•'Hein St. Loop, Lake, Marine, Granite Pt., FBO - Paving, G�,rr�C Water, Sewer 12. Resolution 84-101 - Designating Streets for Improvements - S. Highbuoh, Bumblebee, E. Allok, Wry ,L Swires, Highland Rda. 13. Resolution 84-102 - Urging Regulations on Sale and Use A of fireworks In Kenai Peninaula Borough fv-6:o-14. Resolution 84-103 - Awarding Inspection - Standard, Richfield, Thompson PI., to Mince, Corthell, Brynon - t}i. v� $ 34 , 400 "Wj5, Resolution 84-104 - Transfer of Funds - Standard, Richfield, Thompson Place r. nr,Q�S 1 h / clan ?.raAAW4Ao1kA*-4W-7 p/ A� 1. • Reqular Mentinq, Auquut / 1984 F. CORRESPONDENCE 1. Will Thompoon, Photographer - Photon In Airport Terminal Ruildinq F. OLD BUSINESS G. NFM OIISINF55 1. Rills to be Paid, Billn to be Ratified 2. Requisitions Exceeding $1,000 3. • Ordinance 963-84 - Amendinq Kenai Municipal Code - Provide Non-Dincrimination to Handicapped Regarding Employment 4. • Ordinance 964-84 - Increasing Rev/Appns - Allak, McCallum, Cinderella, fox, Princess, Linwood Ext. $ 650 , 000 5. • Ordinance 965-84 - Increasing Rev/Appns - Police Dept. Addition - $814,000 6. • Ordinance 966-84 - Increasing Rev/Appne - Library Pdition - $168,586 7. Ordinance 967-84 - Incressing Rev/Appne - Federal Revenue Sharing - $409,869 i 8. • Ordinance 968-84 - Incressing Rev/Appne - Airport Main Apron Extension - $2,750,000 9. r Ordinance 969.84 - Finding City -Owned Lands cat Needed for Public Purpose - Lawton Acres 10. • Ordinance 970-84 • Rezoning - Parsons Homestimad 11. Consent to Assignment -Kenai Steel Buildings to Pratt- Aleyesks S/D 12. Discussion - Vacation of Utility Easement - Keith S/D 11. Discussion - Concept Lease Application - O'Connell and -- Swarner - Old Town - Parking 14. Discussion - Concept Lease Application - Kenai Air GAA - Hanger 8 Hotel 15. Discunaion - Concept Lease Application - Joao L. Hall - Spur Hwy/Marathon Rd. - Auto Dealership 16. Discussion - Section 36 - Finalising Plan N. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk /.v S. Finance Director 6. Planning 6 Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commiaoton I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT •--' •v r �.�-�- � `i� t5-•., c�i mom. �=' - - � ,. ;,�,. C+ '`�� V' i •--- I�iiW i Ll r� I� I' i i I' COUNCIL MEETING OF 8— /S- 2 ' I 1 I w 1 !t`^.'_'-_• /''1`n.� _ A �f7 .Y Y, I. -- _ - - - __ - r P�•-+a1rr�+ c t="' •-'Isla AUUUb 1 1> v 1904 INFORMATION ITEMS 1 - Memo, Atty. Rogera - Coble TV Franchise Ord. 2 - Memo, Public Works Director Kornelia to DEC - Grant Request Funds, FY, 1986 3 - Memo, Police Chief Rosa - 911 Service for FY 1986 4 - Municipal League Legialative Summary s - Municipal League Notice of Legislative Committee and Board of Directors Meetings 6 - Library Report, July 7 - Municipal League Newsletter 05 8 - Memo, Public Works Director Kornelia - Guard Rails 9 - Memo, Public Works Director Kornelia - Federal EPA Grant Priority List 10 - Memo, Finance Director Brown - Handicapped Non-Diecrimination Report jw r � rl J b M I .. �yl 1 f f 1 Susl9essted bys Administration CITY OF KENAI ORDINANCE NO. 960-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ESTABLISHING A SPECIAL ASSESSMENT FUND ENTITLED "SPRUCEWOOD GLEN", AND AUTHORIZING APPROPRIATIONS FOR THE PROJECT IN THE AMOUNT OF $2270000. WHEREAS, the City has been petitioned to establish an assessment district in Sprucewood Glen subdivision for street improvements, water and sewer mains, storm drains, and off-street parking facilities, and WHEREAS, the City intends to finance the project with a sale of special assessment bonds, which have been approved by the voters of Kenai, at a later date, and WHEREAS, interest on monies used for construction of the project prior to the sale of bonds is to be a cost of the project, in accordance with KMC 16.05.050. NOW, THEREFORE, 8E IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, Chats Section 1s A special assessment fund for the construction in Sprucewood—Glen be established. Section 2s Appropriation, on a project basis, be author sic_, eo followss Sprueewood Glen m n s ration $ 1,000 Engineering 12,000 Inspection 15,000 Construction 179,000 Contingency $ 20,000 S227,00R PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day l fy of August, 1984. TOM WAGOM, , MAYUR a, I ATTESTS . 'Janet Whelan, City Clark �i r' Approved by F inance s &92 i • 1� 1 f •.one= 1 1, First Reading: August 1, 1984 Second Readings August 15, 1984 Effective Dates August 15, 1984 ,_ <!. � • c MM.r1.WwI}—a}r.,nw-t-v+++- l— i .. - ' . +.=�(.•fi ORIGINAL SPRUCEWOOD GLEN SUBDIVISION PRELIMINARY ASSESSMENT ROLL (With off-street Parking) PREPARED JULY 12, 1984 C, I 4 I i Estimated Estimated Lot Owner Assessment City Greenbelt City of Kenai $ 33,901 Tract E City of Kenai* 46,853 Tract D City of Kenai* 12,558 Tract P Ed Lowry 26,327 Blk 1, Lt 1 Ed Lowry 7,204 It Lt 2 Ed Lowry 10,408 of Lt 3 Tommy Partee 11,425 " Lt 4 Tommy Partee 10,996 Lt 5 Tommy Partee 10,143 Lt 6 Ed Lowry 1,695 Slk 2, Lt 6 Ed Lowry 13,641 to Lt 7 Ed Lowry 9,766 to Lt 8 Ed Lowry 9,712 of Lt 9 Ed Lowry 10,728 of Lt 10 Ed Lowry 11,643 227,000 * Proposed to be purchased by Schilling and Tyler., / SPRUCEWOOD CLEN SUBDIVISION PRELIMINARY ASSESSMENT ROLL (Without off—street Parking) PREPARED JU1.Y 12, 1984 Estimated Lot Owner Asse�asment City Greenbelt City of Kenai $ 33,901 Tract E City of Kenai* 46,853 Tract D City of Kenai* 12,558 i Tract P Ed Lowry 26,327 Slk 1, Lt 1 Ed Lowry 7,204 to Lt 2 Ed Lowry 5,033 to Lt 3 Tommy Partee 6,050 to Lt 4 Tommy Partee 5,621 It Lt 5 Tommy Partee 4,768 Lt 6 Ed Lowry 1,695 i Slk 2, Lt 6 Ed Lowry 13,641 to Lt 7 Ed Lowry 4,391 Lt 8 Ed Lowry 4,337 Lt 9 Ed Lowry 5,353 i Lt 10 Ed Lowry 6,268 t� i 1 184,000 l} d Proposed to be purchased by Schilling and Tyler. ' 1 J I { r' 0 o� CITY OF KENAI •,,!h:1 01 1 1 !uoap"" Ott 4/_./ " 1111 FIDALaO KENAI, ALA19A 90611 TALMONL 213.7135 MEMORANDUM TOs Mayor and Kenai City Council FROMs JePP Labahn, Land Manager s SU8JEC Ordinance 961-84s Amending Sign Code Ordinance OATEs August 10, 1984 Ordinance 961-04 involves a repeal of the existing sign code (a part of the Kenai Zoning Ordinance) and replacement with the proposed regulations. At the last meeting, the Council raised several questions in response to this ordinance. There apparently is a concern that the prohibition of "portable changeable letter electric or non -electric signs" would create a hardship for those who have previously invested in such signs. However, none of these sign owners have a permit to authorize their use. Therefore, they are illegally displaying these signs now and they would remain so under the proposed ordinance. A "worst case" scenario given the proposed sign code ordinance would Involve an owner of a legal, permitted sign who would be illegal under the new regulations. If this occurred, the sign would be "grandfathered" as a nonconforming use per KMC 14.20.050 (f) of the Kenai Zoning Code. As a result, the use of the sign would be allowed to continue indefinitely, as long as the sign was not removed or the violation expandad. JOLsjl ,4 i` F? r I 9 , a 0 Amendment to Sign Code KMC 14.20.220(o)(3) Portable changeable loiter electric signs may be displayed for not more than [1 WEEK] twice each ear and me not be displayed more than saves days continuously n an a — ��io ore total o a s in anr riecalear as i e ne e Citxof Kenaiand MUtJt Comply With all requirements or thic code and the National Electrical Cods. 4 Pr? em o e .,..... . You rns .) (h) In addition to the oenaltiee orescribed by KMC 14.20.260. r i 1 � 1 ---._.. - .. .fn ... .r -. . ,. a r � rl rr n.. 1. .'I. it /" -+..�♦ .r . CITY OF KENAI ORDINANCE NO. 961-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING AND RE-ENACTING KMC 14.20.220 REGARDING SIGNS AND ADVERTISING DEVICES. EREAS, the City of Kenai currently regulates signs and ad- '.jrtising devices as governed by the Kenai Zoning Code, and WHEREAS, the existing sign code unction has not been amended for several yoara, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has spent conaidorablo time and effort to revise the sign code ordinance and addr000 certain deficioncies, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has conducted public hearings on the proposed sign code on June 13, June 27, and July 25, 1984, and WHEREAS, the Kenai Advisory Planning & Zoning Commission adopted Resolution PZ 84-69, recommending adoption of this sign code by the Kenai City Council. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, so followas Section 1s KMC 14#20.220 in hereby repealed and re-enacted to read so—atEsched. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTESTS Janot Whelan, Vity Clark TOM WAGONER, MAYOR First Readings August 1, 1984 Second Readings August 15, 1904 Effective Dates September 15, 1984 /' n 11. -in Tin r: - ...i S.t......L n... l-% T._ ____i IY .IV.1...V J4 110 ..Ill. /."V. 46JVA00- //U.♦1. L:0 \..1 NW110404 Re quiremen t 6: permit shall he obtained from the administrative official prior to the installation of any sign, nameplate, advertising sign or advertising structure. Construction and erection of signs shall be in accordance with this chapter, and with the Uniform Sign Code. (2) When a building permit is obtained for the construction of a building, signs for that building which conform to this code shall be considered as part of the valuation of that building. The fee for signs not covered by a building permit shall be as follows: Home occupation signs. $ 5.00 Portable signs . . . . . . . . . 5.00 Pennant signs . . . . . . . . . 5.00 Electrical signs . . . . . . . . 40.00 All other signs. . . . 25.00 (3) Signs permitted under this section shall advertise only the business or activity being conducted on the immediate premises. The City of Kenai may erect information signs as they deem necessary. (4) Penalties for violations of this section shall be as set forth in KMC 14.20.260(e). (5) If any of the provisions of this code hereby adopted conflict with the Uniform Sign Code adopted by reference, the provisions of this code will prevail. (6) Signs shall be erected and maintained plumb, level, and true and kept repaired, painted, and maintained. (7) The Building Official shall determine the area of any irregularly shaped or unusual signs. The Building Official shall classify all signs. (8) Existing signs for which no permit was obtained: When the owner of record of a lot or lessee of a lot on which a sign or signs are located that do not conform to the provisions of this code has been notified that such sign or signs are nonconforming, the owner shall make the sign or signs conforming within 30 days from the date of such notice. (9) All signs except temporary signs shall be designed according to the Uniform Sign Code. N., (10) Relief from any of the provisions of this section may be provided by a variance as prescribed under KMC 14.20.180. (b) Prohibited Si nes (1) No sign shall be erected at any location where by reason of the position, shape, intensity, or color of such sign it may interfere with, obstruct the view of, or be I confused with any authorized traffic sign, signal or -- device. (2) No sign other than public signs shall be placed within 20 feet of any intersection as measured from the nearest intersection of street right-of-way lines. _ r I 0 s i-- /' k■ ..- (3) Finahtnq nignss or intormittant tlluminntton nrn not permitted except time and temporature, automatic changing message signs and traditional holiday decorations. Only that part of time and temperature and changing mosnage signs which contain advertising will be considered as part of allowable sign area. n, (4) Audio signs are not permitted in any zone. (5) The use of immoral or indecent word or words, a drawing or drawings, and animated signs are prohibited. (6) Beacon signs are prohibited. (7) Bench signs nre prohibited. (8) No electrical equipment or electrical apparatus of any kind which causes interference with radio or television reception shall be used in the operation of any sign. (9) Unauthorized signs in any right-of-way or on City property may be removed by the City and disp000d of. (10) Signs not mentioned in this code are prohibited. 11J.(11) No sign, except roof signs, shall be higher than 16 feet above the adjacent ground or pavement level. No roof sign shall be higher than eight feet above the roof on which it is placed. '(12) Portable changeable letter electric or non -electric signs except as provided for in KMC 14.20.220(e)(3). (c) Signs Not Requiring a Permits (1) Signs erected on a lot or Iota that are fenced or screened so that no part is visible from a public right- of-way or another lot are exempt from this code. (2) Political signs may be displayed in any zone except n conservation without permit but must comply with the regulations of this code except KMC 14.20.220(a)(3). No political sign may be displayed until such candidate has qualified to be listed on the ballot for the next primary, general, state, borough, municipal, or special election. No political sign may be displayed until such ballot proposition or bonding proposition has been qualified to be listed on the ballot for the next primary, general, borough, municipal, or special election. When such election is over, all political signs shall be removed within two weeks from the date of ouch election. (3) Construction signs: During construction, repair, or alteration of a structure, temporary signs which denote the architect, engineer, contractor, or builder or which denote the name of the structure and its use or occupants -to -be may be erected on the construction site. Each sign shall be 32 square feet or leas in size and no more than one such sign shall be permitted for each architect, engineer, contractor, builder or denoting the name, use and occupanto-to-be of the structure. Any of these may be combined on one or more signs but the total square footage of the sign or signs shall not exceed that set out above. All construction signs shall be removed when the construction is completed. 2 is Y .' /' (4) Public safety signs exclusively relating to the safety of the public (e.g., "no Narking today", "use covered w"1Kway", "Liu ItuL elltLele ". "desityuL lutllJ my Lultu/ Illtey ot) located as needed for public safety. Traffic signs may be erected by any governmental agency. (5) Real estate signs: One sign not exceeding five square feat advertising only the sale, rental, or lease of the building or promises on which it is maintained. (b) Signs within a building. (7) Temporary signs of not more than five square feet may be displayed in any zone except conservation for one week but must comply with other pertinent regulations of this code except KMC 14.20.220(a)(3). Signs advertising salos, such as "garage", "moving", "yard", "house" or "lemonade" may be displayed under this section and must have the name, address and telephone number of person conducting such sale and must be dated. (8) No permit is required for copy changes on a conforming bulletin board or marquee, for maintenance where no structural changes are made or for copy changes on signs using inter- changeable letters and numbers. (9) A flag or insignia of any nation, organization of nations, state, borough, city, religious, civic, fraternal organization, or educational institution except such flags used in connection with a commercial promotion or so an advertising device. (10) Traditional holiday decorations. (11) Signs in the nature of cornerstones, commemorative plaques, historical signs, building name and street number. (d) Signs Permitted in Residential Zoneet (1) S gns identirying home occupationgs One sign per use not exceeding four square feet in area. Such sign shall be no closer than ten feet to any property line or shall be flat against the building. No lighting is permitted. (2) Bulletin boards: Bulletin boards used to display announcements of meetings to be held on the premises on which such boards are located shall be permitted for churches, schools, community centers, and public, charitable, or institutional uses. Unless otherwise permitted in the zone, such signs shall contain no more than 32 square feet in area. Such signs may be used as wall signs; may be used as ground signs when located a minimum of ton feet from the street lot line; may be indirectly illuminated; and one such sign shall be permitted for each street frontage. (3) Signs identifying other permitted and conditional uses: One sign per use not to exceed 32 square feet in area for the purpose of identifying multi -family dwellings, clubs, professional offices, and other similar uses. Such sign shall be no closer than ton feet to any property line or shall be flat against the building. 3 M (4) Siann for nonconforming unees A legal naneenforminq use in a roeidentinl zone may hnve one sign par property, unlighted, and no larger than 20 square foot in aren. Such signs shall be flat ngainst the building or shall be located no closer than ton foot to any property line. (5) Real estate signs of more than five square feats Real estate signs advartining the sale or lease of two acres or more, or five or more contiguous lots may be combined into one sign of not more than 32 square feet. The display of such ©igna shall be limited to a period of two years. Prior to the expiration thereof the applicant may request an extension of not more than one year from the Commission. The sign shall be removed prior to the expiration of the two your period or oxtonaion thereof or hale of the property. If the sign han not boon removed the City may enter upon the promisee upon which the sign in located and remove ouch sign at no liability to the City. A permanent subdivision sign may be placed at one entrance to a subdivision and may contain only the name of the subdivision. Such oign uhall not exceed 32 aquare feet. Any illumination shall be by indirect means. (e) S! ne Permitted in Commercial and Industrial Zoness (1) All signs permitted by thin co o, provided a e square footage of all signs other than wall, marquee, and roof signs shall not exceed a total of 64 square feet per buainano. Where there is more than one business on a promises, a combined sign for all businesaes on that premises shall not exceed 128 square feet. (2) Signs may rotate, but must not exceed the square footage net out above. (3) Portable changeable to or electric signs may be displayed for not more thass oe--week and must comply with r all requirements of this code and the National Electrical Code, t-may not "� returned to that. -a.ita ulth10--one-"ywar'. (4) Fence signs shell be mounted in a plane parallel to the Lc n' fence or wall and shall not extend above the top of the fence or wall. f� (5) Signs projecting beyond the property line may be no closer than 12 inches from the curb line or street, and must << be at least eight fact above the finished sidewalk or ?rado. k. ;O 6) Pennant nignn shall not exceed eight square feet for J,� each ponnant nor 16 square feet total per lot. (7) Real estate signs larger than five square feet shell conform to all of the requirements of this code. t (f) Si ns Permitted in the Conservation Zones (1) o s qn shell Zie permitted in a conservation zone _ except signs erected by the City of Kenai, 4 r� In h (a) snactfie Definitions Pertaining to Signal ( 1 ) u a ai n is a nign that smite a noise or nuui1u, either spoken words, music, or singing. (2) Beacon sign to a light with one or more beams capable of being directed in any direction or directions or capable of being revolved. (3) Bench sign is any sign painted on or attached to a seat, chair, or bonch, any of which are visible to the public. (4) Combination sign is a sign incorporating any com- binat on o he tea urea of pole, projecting, and roof signs. (5) Curb line is the lino at the face of the curb nenrnst to the street or roadway. In the aboance of a curb, the curb line shall be established by the City Engineer. (6) Display surface is the area made available by the sign etruc ure for the purpose of displaying the advertising message. (7) Electric sign is any sign containing electrical wiring, but does not include signs illuminated by an exterior light source. (8) Fence oLqn is a sign displayed upon fences or upon walls hat are not an integral part of a building or walla that are used as fences. (9) Fin ai n is a sign which is supported wholly by a build ng or partly by poles and portly by a building. (10) Ground si n is a sign which is supported by one or more uprightat poles, or braces in or upon the ground other % than a combination sign, fin nign, or pole sign as defined by this code. (11) Legal setback line is a line established by ordinance beyond which s building may not be built. A legal setback line may be a property line. (12) Marquee is a permanent weatherproof structure attached to and supported by a building and projecting from the wall of the building. (13) Pennant sign is a sign constructed of flexible materia , such as cloth, which moves upon being subjected to pressure by the wind. (14) Pole sign is a sign wholly supported by a sign structurein the ground. (15) Political -sign io a sign promoting a candidate for political orrice or promoting or opposing a ballot proposition. (16) Portable displaX surface io a display surface tem- porariTy-755d to a otandardized advertising structure which is regularly moved from structure to structure at periodic intervals. (17) Portable sirn is a sign that is not attached to any building or structure. It may readily be picked up and moved from one location to another. It may be with or without its own wheels. it may or may not be lighted. 5 (18) Prolectino nian is a ainn other than a -qali nine. which projects from and is supported by a wall of a building or structure. (19) Real Estate rrign is a sign advertising the hale, lease or rent of ono or more lots or acreage or the improvements thoreon�by a real estate company � individual licensed by the State of Alaska. i (20) Roof sign is a sign erected upon or above a roof or paropo o a building or structure. (21) Sign means any words, Letters, parts of letters, figures, numerals, phrases, sentences, emblems, devices, trade names, or trade marks by which anything is made known, such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or product which are visible from any public street or highway and used to attract attention. (22) Sign structure is a structure which supports or is capable or suppor Mnq any sign ea defined in this code. A sign structure may be a single polo or poles and may or may not be an integral part of a building. (23) Temeorary RLqn is any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, with or without frames, intended to be displayed for a limited period of time only. (24) Wall sign is any sign attached to, painted on, or +� erooted against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the said wall. r b CITY OF KENAI KENAI ADVISORY PLANNING A ZONING COMMISSION RESOLUTION P784-69 A RESOLUTION OF THE KENAI ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, RECOMMENDING THE ADOPTION OF A REVISED SIGN AND ADVERTISING DEVICES ORDINANCE. WHEREAS, the Commission finds that the existing Signs and Advertising Devices section of the Kenai Zoning Code is inadequate in many regards, and WHEREAS, the Commission has spent considerable time and effort towards revising this section of the Kenai Zoning Code to correct these deficiencies, and WHEREAS, The Commission is particularly concerned with the proliferation of portable and flashing signs and their impact upon safety and aesthetics, and WHEREAS, the Commission has recommended stricter regulations governing the use of these signs, and WHEREAS, the Commission has also recommended the relaxation of other requirements in this section, and WHEREAS, the Commission has conducted several public hearings regarding the proposed Signs and Advertising Devices ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE KENAI ADVISORY PLANNING & ZONING COMMISSION that the Signs and Advertising Devices Ordinance be recommended to and duly adopted by the Kenai City Council as an amendment to the Kenai Zoning Code. PASSED BY THE ADVISORY PLANNING & ZONING COMMISSION OF THE CITY OF KENAI, ALASKA this 2-/-r AX day of Lee Lewis, -Chairman ATTESTS � T,_ Pla6nfng — t Loper, Secretary . Suggested by P & Z Commission CITY OF KENAI ORDINANCE NO. 962-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOTS 17-290 LAWTON ACRES SUBDIVISION TO CONSERVATION (C) DISTRICT. j WHEREAS, KMC 14.20.270-280 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, a petition to rezone Lots 17-24, Lawton Acres Subdivision to Conservation (C) District was initiated by the Kenai Advisory Planning & Zoning Commission, and WHEREAS, the Commission conducted a public hearing on this petition on July 25, 1984, and approximately one dozen persons testified at this public hearing, and WHEREAS, a substantial majority of the persons testifying desired to rezone the entirety of Lawton Acres Subdivision to Conservation District, and WHEREAS, the Commission recommended approval of the rezoning of Lots 17-29, Lawton Acres Subdivision to Conservation District in accordance with Resolution PZ84-67. T= NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF J KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended as follows: Section 1: Lots 17-29, Lawton Acres Subdivision are hereby rezoned to Conservation (C) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTEST: Janet Whelan, City Clerk 101 OM WAGONER, MAYOR First Reading: August 1, 1984 Second Reading: August 15, 1984 Effective Dates September 15, 1984 f c' I /' 1,1113C T 1 TIITF Suggested by P & Z Commission CITY OF KENAI ORDINANCE NO. 962-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING LOTS LAWTON ACRES SUBDIVISION TO CONSERVATION (C) DISTRICT. WHEREAS, KMC 14.20.270-280 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, a petition to rezone Lots 1-24, Lawton Acres Subdivision to Conservation (C) District was initiated by the Kenai Advisory Planning & Zoning Commission, and WHEREAS, the Commission conducted a public hearing on this petition on July 25, 1984, and approximately one dozen persons testified at this public hearing, and WHEREAS, a substantial majority of the persons testifying desired to rezone the entirety of Lawton Acres Subdivision to Conservation District, and WHEREAS, the Commission recommended approval of the rezoning of Lots 1-29, Lawton Acres Subdivision to Conservation District in accordance with Resolution PZ84-67. WHEREAS, the Council has recommended that Lots 1-16 be retained as Suburban Residential and Lots 17-29 be rezoned to Conservation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended as followss Section 1: Lots 44 19', Lawton Acres Subdivision are hereby rezoned to Conservation (C) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. TOM WAGONER, MAYOR ATTEST: I Janet Whelan, City Clerk i First Reading: August 1, 1984 Second Reading: August 15, 1984 ; Effective Date: September 15, 1984 t I LL1Y Ut KLNHI KENAI ADVISORY PLANNING AND ZONING COMMISSION RESOLUTION NO. PZ S4 —& 7 A RESOLUTION OF THE ADVISORY PLANNING A ZONING COMMISSION OF THE CITY OF KENAI RECOMMENDING APPROVAL (DENIAL) OF THE REQUESTED REZONING SUBMITTED BY: FOR Lc- .9 / -�,?� LGL�JI�I)/7 /�L✓�'� S//i pplicant � (Legal Description i WHEREAS, the Commission finds the following: 1. The subject property is currently zoned 2. The proposed zoning of the subject property is 3. Amendment to the Land Use Plan is E-NEeE-----'.—., (UNNECESSARY) 4. An appropriate public hearing as required has been conducted by the Commission on 5. That the following additional facts have been found to exist: NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Commission of City of Kenai that tho petitioned rezoning is., hereby ECOMMENDED (NOT RECOMMENDED) to the Kenai - Cictc�1�� PASSED by the Advisory Planning & Zoning Comm-#sion of the City of Kenai,Alaska, this day of 4 19Ili Chairman ATTEST: anning bedrbtary �� 10/83 C -Y Suggsated bys Administration CITY OF KENAI ~, RESOLUTION NO. 84-93 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE AIRPORT VEHICLE PARKING CAPITAL PROJECT FUNDS Froms Contingency $20t000 Tot Construction $209000 This transfer provides money for oigns, painting, fanning, concrete curbs, and other construction materials for the Airport Vehicle parking lots. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTESTS Janet helan, City C .r Approved by Finances N � ; �a oG ti i r TOM WAGONER, MAYOR j Fr� �n Suggostod toys Adminiatratien CITY OF KENAI RESOLUTION NO. 84-94 BE IT RESOLVED BY THE: COUNCIL OF THE CITY OF KENAI9 ALASKA, THAT THE: FOLLOWING TRANSFER OF MONIES HE MADE IN THE 1984-85 AIRPORT LAND SYSTEM BUDGET s Froms M & 0 - Contingency $350000 0 Tos M & 0 - Repair & Maintenance $35,000 This transfer provide© money for repairs to crocks on the Airport Runway. PASSED 8Y THE COUNCIL OF THE CITY OF KENA19 ALASKA, this 15th day of August, 1984. TOM WAGONERp O i ATTESTs Janet Whelan, City Mork Approved by Finances l" r I 1 " ;I � r i f wi- _rt (II r t 4( 1# ' f r 1 C' F� I r ,p ,v Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE SPRUCEWOOD GLEN ASSESSMENT DISTRICT. WHEREAS, the City of Kenai has held a public hearing to hear comment concerning the necessity for the water, sewer, paving, drainage, and off-street parking, and the proposed assessments relating to such improvements, in Sprucowood Glen Subdivision, and WHEREAS, the Council finds it desirable to continue with the proposed project and assessment district. NOW, THEREFORE, RE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thats Section 1s The water, sewer, paving, drainage, and off-street parking improvements in Sprucewood Glen Subdivision are necessary and of benefit to the properties to be assessed. Section 2s The assessment district has not been objected to by owners of properties bearing 50% or more of the estimated costs to be borne by property owners. Section 3s An accounting shall be kept of the costs of these moments, and after all coats are known, the City Manager shall prepare an assessment roll for the improvements. It is estimated that 100% of the costs of the improvements may be assessed against the benefited properties. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1964. TOM WAGONER, MAYOR ATTESTS Janet ean,City Clerk Approved by Finances Lt r N.mr. • •..r ' j JVOJI L 1 V IC. - ., thy: .....,.. .• � ,.»,...,................ CITY OF KENAI . RESOLUTION NO. 84-95 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DIRECTING THE CONTINUATION OF THE SPRUCEWOOD GLEN ASSESSMENT DISTRICT. WHEREAS, the City of Kenai has held a public hearing to hear comment concerning the necessity for the water, sower, paving, drainage, and off-street parking, and the proposed sosessments relating to such improvements, in Sprucewood Glen Subdivision, — and CWHEREAS, the Council finds it desirable to continue with the proposed project and assessment district, but not to include ff-street parking in the project. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 1 KENAI, ALASKA, that: Section 1s The water, sewer, paving, and drainage improve- ments n prucewood Glen Subdivision are necessary and of benefit to the properties to be aaasaaed. Off-atroat parking is not to be included in the project. Section 2s The assessment district has not been objected to by owners of proportion bearing 50% or more of the estimated costs to be borne by property owners. Section 3s An accounting shall be kept of the coots of these mmprovemente, and after all coats are known, the City Manager shall prepare an asoessment roll for the improvements. It is estimated that 100: of the coots of the improvements may be assessed against the benefited properties. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 15th day of August, 1984. TON WAGONER, 14AVOR ' ATTESTS Janet Whelan, City Tlerk Approved by Finances_ W I 1 f� I - r-.. � r-r _ _ •- � � -w r �.-=car.-.n. eik�:t- i=�..�{�� T___ ___, _-.l_,J-wv�, � 16 .10.0f A-iG .10.090 upon the necessity tor tale prol.o::uu shall hear all intorested persons favoring or orFoning thc's proposed improvements and shall conoider all written objerticra filed. (Ord 791) 16.10.070 coutaa],_L1ctietls After thrs public hearing is closed, the Council may increase or_decrcal a the scope or vales_ of the, improvement, or may doltAe run►Ell('. I.roI.G..eu improvement. c' ztr ct properties: not benefited by the impr.ovcment or add properties which would be benefited and shall adopt a re:tolutior., dirocting continuation or termination of the modified improvosr,ent district. No chan a may he made recultir.g in an imorovcrtenr district ob ecte o owners o %ronorties bearinc; 50"s or more os: a es ma ou cos o e Jorne a )ro )e rL ovne re except w t the a nrova o at east s x men ers of: the Council, reso u an rec ng continuation shall n that t e mprovement is necessary and of benefit to the properties to be assaesaed, and that it is not objected to by owners of propeities,bearing 50t or more of the estimated costs to be borne by prorerty owners or, in the alternative, that it has been approved by at least six members of the Council. The findings of the Council are conclusive. Tre reor,lutior. shall further require that an account be kept of all costs of the improvement and that after all coats are known the City msa.rager shall prepare an asues-ment roll for the improvement. The recoluticr. shall state the es;t:imated percentage of the costs of the improvement to be asses ced against tho benefited properties.. (Ord 791) 16.10.0$0 00tIp,a@gUt,_JJCJJ. After the improvement has been completed and the covets of the it7l%roves.lent computed, the city manager shall prepare and file with the City Clerk an assessment roll for the a cesoment district. The ass:erszment roll shall contain, as to each pro,I.*arty to be assessed, a brief dencri do . or desi nation of tile property, the name of t�t'e rrcor owner o .e i,ropert' to ea nesnc.c., and t-Fie amount: to be as,css;ed aagain'u •e pr.oper •y. 3e person w w:;u nameI)roI)cr y s st a oil Inunicipal property tax roll a., owner is conclusive].7 prel;umad to lie, tine lcg:,l owner of record. If the owner is unknown, the azzessmont, may he s ndc again: t the "unknown owner." (Ord 791) 16.I U.090 ti►w. �il'i_L::?r.f i)�_r2�_3tiu;:z ^�7Jt�_L'Q1. Af.or ti:e asseazr.:^nt roll is fileci, tlu: Cuu:'Vil ::1.111 1:ix t:u: ti::�c and 1.%1,.ce s'rr a public hr.-arinq on ohjoell"icr., to the azzcczment roll. (ord 791) 1C-7 (City os: Kenai Lut:-). sli" .. 9/wQ/82) J 0 If .. .�_ ..._. ."_ _.._ _. ""f� _ .-. T.- �-r rr � f,—/r'�i7 : i �-. 1 a �H4 • • .i : i.. ue ii ii t .ie=+3lri-•�� .. SPRUCEWOOD GLEN SUBDIVISION PRELIMINARY ASSESSMENT ROLL (Without off-street Parking) PREPARED JULY 12, 1984 Estimated Lot Owner Asses usm`ent City Greenbelt City of Kenai $ 33,901 — /k,'/%, Tract E City of Kenai* 46,853 )z Tract D City of Kenai* 12,558 Tract F Ed Lowry 26,327 r B1k 1, Lt 1 Ed Lowry 7,204 2/, s V, " Lt 2 Ed Lowry 5,033 Lt 3 Tommy Partee 6,0501 to Lt 4 TommyPartee 5,621 " Lt 5 Tommy Partee 4,768� Lt 6 Ed Lowry 1,695` Blk 2, Lt 6 Ed Lowry 13,641 of Lt 7 Ed Lowry 4,391 of Lt 8 Ed Lowry 4,337 to Lt 9 Ed Lowry 5,353 of Lt 10 Ed Lowry 6,268 184,000 Of Proposed to be purchased by Schilling and Tyler. /e,' l f I . 'u M ORIGINAL SPRUCEWOOD GLEN SUBDIVISION PRELIMINARY ASSESSMENT ROIL (With off-street Parking) PREPARED JULY 12, 1984 Estimated Lot Owner Ansesmrnt City Greenbelt City of Kenai $ 33,901 — /N,9 7. Tract E City of Kenai* 46,853 I6,� f/ Tract D City of Kenai* 12,558 Tract P Ed Lowry 26,327% 7. y , 81k 1, Lt 1 Ed Lowry 7,204 of Lt 2 Ed Lowry 10,408 of Lt 3 Tommy Partee 11,425 �y,10 I• ofLt 4 Tommy Partee 10,996 to Lt 5 Tommy Partee 10,143 to Lt 6 Ed Lowry 1,695�' Slk 2, I.t 6 Ed Lowry 13,641 Lt 7 Ed Lowry 9,766 S, 2 7, Lt 8 Ed Lowry 9,712 Lt 9 Ed Lowry 10,728 I " Lt 10 Ed Lowry 11,643 Proposed to be purchaaed by Schilling and Tyler, 1' r i } ! Y l C-7 slintleeteri fly AdminjaErat ion CITY OF KENAI RESOLUTION NO. 84-96 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE 1984 MUNICIPAL GRANT #7/85-217 FROM THE STATE OF ALASKA IN THE AMOUNT OF $19000,OOO FOR A BOAT AND/OR BARGE FACILITY. WHEREAS, the State of Alaska has offered a Municipal Grant in the amount of $1,000,000 to the City for a Boat and/or Barge Facility, and WHEREAS, the City of Kenai will assume all of the responsibility for the planning and construction of the project, and WHEREAS, the State of Alaska requires that the City accept this grant by resolution. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this Municipal Grant in the amount of $1,000,000 for a Boat and/or Barge Facility from the State of Alaska be hereby accepted, that the City accepts the responsibility to plan, construct, operate, and maintain the proposed improvements and that the City agrees to the terms and conditions of the grant offer. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. TUM WAGUNER, MAYnH ATTESTs JaneE 9helan, My Clork Approved by Finances L" -1 3 P, :y 1 i ' a a 0 f rr.; e; r. f. 1!f• r.rnrrs.frr:T-�-- JI/III V/111/ I/r rr,V11 �O fl7,PAL GPANTSS ' This agreement is executed between the State? of Alaska, Department of Administration, (Hereinafter called the "State"), and Kenai (Hereinafter called the "Grantee"). WITNESSETH that: Whereas, the Grantee is willing to undertake the performance of this grant under the terms of this agreement; Whereas, the municipality has the authority under the State law or local charter to provide the services for which funds were appropriated; Whereas, the State has the authority to enter into this agreement by AS 37.05.315; Whereas, funding for this grant lapses on lapse date X upon completion of the project; Whereas, the grant #7/85-217 of $1,000,000 is for the purpose of Dock (please provide further explanation and details in the space provided); This project is to provide a boat'and/or barge facility for the City of Kenai and may include but is not limited to: dock(s), ramp(s), boat grid(s), fueling system, sea wall(s), float(s), water and sewer system, sedimentation barrier(s), bulkhead(s), restroom facility(ies), staging area(s), dredged basin(s), sheltered eating area(s), camping'area(s), parking and storage area(s), barge terminal, and other related items. 6/1F3D/14G V/460 Page 1 of a U I Suggested bys Administration CITY OF KENAI RESOLUTION NO. 84-97 I i a A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, ACCEPTING THE 1984 MUNICIPAL GRANT FROM THE STATE OF ALASKA IN THE AMOUNT OF $814,000 FOR THE EXPANSION AND RENOVATION OF THE KENAI PUBLIC SAFETY BUILDING. WHEREAS, the State of Alaska, Department of Public Safety has offered a grant administered by the Department of Administration in the amount of $814,000 to the City for the Expansion and Renovation of the Kenai Public Safety Building, and i I WHEREAS, the City of Kenai will assume all of the responsibility for the planning and construction of the project, and , WHEREAS, the State of Alaska requires that the City accept this grant by resolution. 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that this grant in the amount of $814#000 for the Expansion and Renovation of the Kenai Public Safety Building from ' the State of Alaska be hereby accepted, that the City accepts the responsibility to plan, construct, operate, and maintain the proposed improvements, and that the City agrees to the terms and conditions of the grant offer. 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ' OM WAGONER, MAYOR ATTESTS Janet a an, City erk Approved by Finances Suggestad bys Administration CITY OF KENAI RESOLUTION NO. 84-98 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF STANDARD DRIVE, RICHFIELD DRIVE, AND THOMPSON PLACE - 1984 ROAD IMPROVEMENTS TO CENTRAL ALASKA CONSTRUCTION, INC. FOR THE AMOUNT OF $178,928.50 WHICH INCLUDES THE BASIC 8I0 SCHEDULE A. WHEREAS, the following bids were received on August 139 19849'for the above referenced projects i + BASIC BID CONTRACTOR SCHEDULE A SCHEDULE 8 TOTAL Quality Asphalt Paving, Inc. $2389329.00 $133,167.00 $371,496.00 Construction Unlim., Inc. $261,125.60 $1390032.50 $400,158.10 Central Alaska Construction $178,928.50 $115,184.50 $2949113.00 '. Engineer's Est. $176,213.00 $ 98,673.00 $2749886.00 '? WHEREAS, the following is a description of the Basic Bid -Schedules A and Bs Schedule As Standard Drive and Thompson Place Schedule Bs Richfield Drive WHEREAS, the City of Kenai has received a State of Alaska grant to help fund this project, and WHEREAS, the recommendation from Wines, Corthell, Bryson, the project design engineer, and the Public Works Department is to award the contract to Central Alaska Construction, Inc. for the Basic Bid Schedule A for the total cost of $178,928.50, and WHEREAS, Central Alaska Construction, Inc.'s bid for the Basic Bid Schedule A is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. i i 1 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Standard Driva, Itichtield Drive, and Thompoon Place - 1984 Road Improvements be awarded to Central Alaska Construction, Inc. in the amount of $178,928.50 which includoa the Baal Bid Schedule A, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thin 15th day of Auguat, 1984. r ATTESTS Met Rgelan, city Clerk Approved by Finances 1 I `I I i j 1y Suggsatud bys Adminintration CITY OF KE:NA I RESOLUTION NO, 84-90 A RESOLUTION OF THE COUNCIL OV THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF STANDARD DRIVE, RICHFIELD DRIVE, AND THOMPSON PLACE - 1984 ROAD IMPROVEMENTS TO FOR THE AMOUNT OF WHICH INCLUM THL HASIC 810 SCHEDULES�_.� WHEREAS, the following bids were received on Augssot 13, 1964, for tho above refovenced projects BASIC 911) CONTRACTOR SCHEDULE A SCHEDULE 4 TOTAL WHEREAS, the following is a description of the Snaic Bid - Scheduloa A and Ss Schedule As Standard Drive and Thompson Place Schedule Bs Richfield Drive WHEREAS, the City of Kenai han received a State of Alaaka grant to help fund thin project, and WHEREAS, the recommendation from Wince, Corthell, Brygon, the project denign enginoer, and the Public Werko Department io to award the contract to for the Baoic Rid Sch© u en car the Mal cooor , and WHEREAS, 'o bid for the tome Bid Schoduu e�Me lowest rouponaiGIC bid and award to thin bidder would be in the boot intornot of the City, and WHEREAS, sufficient monioo are appropriated. 1 J r M-L'�' - - ''3'•i-- ' - -.iir• •ri f.lr5 f.'. , 1 . — Tn _ _ ' - -- . {. - -- - , :.kph --+�s.,.•..-� Tw'_ - — - __... _ ___ ^:`?'-^ NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALA5KA, that the contract for the constr.jction of Standard p Drive, Richfield Drive, and Thompoon Place - 1984 Road Improvements be awarded to in the amount of $ which inc a es the RusTe Bid Schedules 3f j PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ?GM OAGONER, MAYOR i ATTEST: Met Wholan, City Clerk Approved by Finances i i . , � I I i 1i�11 i 1 i I { 1 Er ! •1 9 ,r -- ----.-Ai;4x_1 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84 -99 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF STELLAR DRIVE - 1984 SPECIAL ASSESSMENT DISTRICT WITHIN REDOUBT TERRACE ADDITION NO. 4, STREET IMPROVEMENTS TO QUALITY ASPHALT PAVING, INC. FOR THE AMOUNT OF $72,381.00 WHICH INCLUDES THE BASIC BID PLUS THE ADDITIVE ALTERNATES. WHEREAS, the following bids were received an August 15, 1984, for the above referenced project: CONTRACTOR BASIC BID A/40.00 LTERNATE Quality Asphalt Paving, Inc. $68,441.00 $ WHEREAS, the following is a description of the Basic Bid and the Alternates Basic Bids South Stellar, Curb & Gutter, and Paving Additive Alternates Topsoil and Seeding WHEREAS, this project is funded as a Local Assessment District, and WHEREAS, the recommendation from Wince, Corthell, Bryson, the project design engineer, and the Public Works Department is to award the contract to Quality Asphalt Paving, Inc. for the Basic Bid plus the Additive Alternate for the total cost of $72,381.00, and WHEREAS, Quality Asphalt Paving, Inc.'s bid for the Basic Bid and the Additive Alternate is the lowest responsible bid and award to this bidder would be in the beat interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Stellar Drive - 1984 Special Assessment District within Redoubt Terrace Addition No. 4 - Street Improvements in the amount of $72,381.00 which includes the Basic Bid plus the Additive Alternate. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. R ATTESTS Janet Whelan, City ClM Approved by Finance: I /r -- -- ..—,__ r•, � �. f•_.� r.�M' '. .s�.I.n p. .R� � ,.-r .ar r r .n .r-1+. w,n..T ..• ._�• ,ter. — 1 r .'J..,asur»sa1'�. e r - i,•IT+s - _ _ _ —. � _ - - -. . � Suggested by: Administration CITY OF KENAI -r�n1 ••sr -a: s:n n1. 9n 1... JULU 1 DUI. -IV • VY A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF STELLAR DRIVE - 1984 SPECIAL ASSESSMENT DISTRICT WITHIN REDOUBT TERRACE ADDITION NO. 4, STREET IMPROVEMENTS TO FOR THE AMOUNT OF WHICH INCLUDES THE BASIC BID PLUS VIE U R A ES. WHEREAS, the following bids were received on August 15, 1984, for the above referenced projects CONTRACTOR BASIC BID ADDITIVE ALTERNATE WHEREAS, the following is a description of the Basic Bid and the Alternates Basic Bids South Stellar, Curb & Gutter, and Paving Additive Alternates Topsoil and Seeding i WHEREAS, this project is funded as a Local Assessment District, and WHEREAS, the recommendation from Wince, Corthell, Bryson, the project design engineer, and the Public Works Department is to award the -contract to for the Basic Bid plus the Add t ve erna a for the toEal cost of and WHEREAS, 'S bid for the Basic Bid and the A ve Alternate s e lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Stellar Drive - 1984 Special Assessment District within Redoubt Terrace Addition No. 4 - Street Improvements in the amount of which includes the basic bid plus the Additive erna e. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. OM WAGONER , MAYOR ATTEST: !I Janet Whelan, My Clerk Approved by Finances { i /' Suggented bys Adminintration rsty OF KENA.1 RESOLUTION NO. 84-100 C- - l A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF MAIN STREET LOOP, LAKE, MARINF_, GRANITE POINT, F.B.O. - PAVING, WATER, AND SEWER IMPROVEMENTS 1984 TO COMANCHE CORPORATION FOR THE AMOUNT OF $8440233 WHICH INCLUDES THE BASIC BID SCHEDULES A,B,C,D,E AND ADDITIVE ALTERNATES AA-1, AA-2, AA-3, AA-4, AA-5,_..aod-- WHEREAS, the bids on the attached bid summary were received on August 14, 1984, for the above referenced project, and WHEREAS, the attached bid summary also includes a description of the Basic Bid Schedules A to E and the Additive Alternates AA-1 to AA-5, and WHEREAS, the City of Kenai has received a State of Alaska grant to help fund this project, and WHEREAS, the recommendation of the Public Works Department is to award the contract to Comanche Corporation for the Basic Bid Schedules A to E and Additive Alternates AA-1 to AA-5 for the total cost of $844,233, and WHEREAS, Comanche Corporations's bid for the desired Basic Bid Schedules and desired Alternates is the lowest responsible bid and award to this bidder would be in the best interest of the City, and WHEREAS, sufficient monies are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Main Street Loop, Lake, Marine, Granite Point, F.B.O. - Paving, Water, and Sewer Improvements 1984 be awarded to Comanche Corporation In the amount of $844,233 which includes the Basic Bid Schedules A to E plus Additive Alternates AA-1 to AA-5. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day .of August, 1984. Jan;t Whelan, City erk Approved by Finances laid Openings AutatrrL 14. 1984 2 p.m. Kenai City 11aII li1!) ;;I1t4t1AttY MAIN Si7'I4111;1', LAKE?, MARINE', GRANITE POINT, 11.11.0. PAVING, WATER, AND :;1:411i1t IMPROVl:1•11i11.11; Libeck, Inc, 6mancke orP .1 Q u Quo �o C�rx ucc BASIC Bill Schedule A P.B.U. $ y9, (01.3, g-;..45��t. VS' Schedule B Lake St./Marine Ave. (o(e, 1665,00 �h�jz 0� r J , YS Schedule C Marine Avenue Want / / 410 5991" �6.10 .Schedule 1) Granite Pt. St. 6 Ct. Schedule E Main Street Loop �.' �$ / �0 _ ��,,3�(p�� ��y ���0. yd -2J-7.. 7 TOTAL. BASIC BID g (�, 3�� 8a, 0 $,5.,p�0-6 s (o� 0 3Z,..,•r ADDITIVE ALTER14ATES Schedule AA-1 P.B.O. Sewer $�O Schedule AA-2 Granite Pt. Sidewalks _ �O4 S71, OC� Schedule AA-3 Granite Pt. Sewer ,ZSUr0I f,'oO Schedule AA-4 Granite Pt. Water �01M. 00 ,��r Schedule AA-5 Hain St. Lighting V`.7_r •26,6O �0t 'DOTAL ADDITIVE ALTERNATES $ 3�'1� 7�0.0(i $ ��0.00 $y�y��„7..3Z encrura Nu71 AckAcknewledgement ✓ ✓ .....—� _. _.� _ _ . _ ___._-.• ✓�~� - .-•- -- ✓---...... y S & Power of Attorney _ "`"'"'"`AK'"8K:" ded- CuntrricEui `t3 i.iceriise s"��ueKtionnalra` ✓ - ....' ✓ t/ �,,.�^ __ _ _ Sugyeatod by: Adminiotration • CITY OF KENAI RESOLUTION NO. 84-100 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR THE CONSTRUCTION OF MAIN STREET LOOP, LAKE, MARINE, GRANITE POINT, F.H.O. - PAVING, WATER, AND SEWER IMPROVEMENTS 1984 TO FOR THE AMOUNT OF , .o ASIC 8I1) SCHEDULES `ANU—ODITIVE ALTERNATES . WHEREAS, the bids on Lho attached bid summary were received on August 14, 1984, for the above referenced project, and WHEREAS, the attached bid summary also includes a doscription of the Basic Bid -Schedules A to E and the Additive Alternates - AA-1 to AA-S, and WHEREAS, the City of Kenai has received a State of Alaska grant to help fund this project, and WHEREAS, the recommendation from Wm. J. Nelson & Associates, the project design engineer, and the Public Works Department, is to award the contract to for ttie Basic Bid Schedules and Additive erns en for the total cost of $ , and WHEREAS, 's bid for the desired Basic Bid Schedules and aaoLMorna an is the lowest reoponoible bid and award to this bidder would be in the best interost of the City, and WHEREAS, sufficient manias are appropriated. NOW, THEREFORE_, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the contract for the construction of Main Street Loop, Lako, Marine, Granite Point, F.B.O. - Paving, Water, and Sewer Improvements 1984 be awarded to in the amount of which includes tile Basic., Bid Schedules �--' plus Additive Alternateo PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTESTS anet Wholan,'City f. erk Approved by Finances TOM WAGONER, MAYOR s - I / I I I71 O 1 ;1 Itld nprarlm;t MAIN f31111!I:1', LAVE, MAll11:C, �il PAVIMO, WAIV.It, Allf) l;I.t,l'.0 IMI'll(WIMIJI'l':l 19114 8R11Jf'�1I Q fichodolo A V.B.O. Behednlo B Lrlko fat./Mrtrinn Ave. Sahodnio C Ltarino Avunna Went Bahudulo II Granite Pt. St. b Ct. Bchoduto V. Main Bt►pot Ier••p TOTAL. BABIC Bit) ADDITIVE AL•TV•BIIATBB Bchodulo M-1 V.B.O. Woor Bahudnlo M-1 Granite Vt. Sldusralkn fichodUle M-9 Oranito Vt. Sovor Schodulo AA-4 Granite Vt. Wator Beiredule M-9 Main St. Lighting TOTAL. AAOITIVV. ALTOBIIATV.fi io- f B , • 1 �.d r jjj a o _ /f I Suggested by: Administration CI1Y Ut KLNAI RESOLUTION NO. 84-101 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DESIGNATING WHICH STREETS AND WHAT IMPROVEMENTS WILL BE INCLUDED ON THE PROJECT ENTITLED, "SOUTH HIGHBUSH, BUMBLEBEE, EAST ALIAK, SWIRES, AND HIGHBUSH ROADS." WHEREAS, the following streets are scheduled for improvements during the construction project entitled, "South Highbush, Bumblebee, East Aliak, Swiroa, and Highbush Roads." From To East Aliak Spur Swires Swirea E. Aliak Spur Highbush E. Aliak Spur South Highbush E. Aliak South 990' Bumblebee Davidson 660' East WHEREAS, South Highbush and Bumblebee are to be bid as additive , alternates on the project and may not be constructed if there are not sufficient funds available, and WHEREAS, the following lint of improvements is scheduled to be completed under this projects 1. Water and sewer main lines for Swires and South Highbush streets only. 2. Water and sewer main cross fittings and stub outs for each right of way or easement already dedicated or shown to be �i dedicated on a preliminary plat request submitted to the City of Kenai prior to October 15, 1984. 3. One three-quarter inch (3/411) water service line and one four inch (411) sewer service line fc'Orn the main to the property line for each property already platted or shown on a preliminary plat request submitted to the City of Kenai prior to October 159 1984. Property lots adjacent to cul de sacs shall be assumed to face the cul do once and to be serviced via the cul de sac. The coat for service to the side or back i F property line of such lot shall be at the property owner's ki expenao. Additional costs to enlarge the service lines or to I� add lines shall be borne by the property owner. f' 4. All existing driveways will be matched in width up to 40 feet 1 —_-- of culvert. The coat for additicnal driveways will be borne 1 -_= by the property owner. i I 4 r M /` 5. Water surface drainago. 4. F:rn.nlinn. harkf! I. aravel atirfarinn, 7. Paved approaches to existing paved streets. S. Street signing. WHEREAS, this resolution will be mailed to each property owner adjacent to the streets designated for improvements, and WHEREAS, the property owner's name and address used will be that which is on record at the Kenai Peninsula Borough on this date, August 159 1984, and WHEREAS, the property owner will be asked to designate where he wants his water, sewer, and driveway services and if he wants larger or additional services at his expenoo. The reply from the property owner is to be returned to the City prior to a date set by the City Administration. If the reply from the property owner is not returned by the date stipulated, the City Administration will make the decision of location and will provide the standard services. All costs attributed to changes by the property owner after the stipulated date will be borne by the property owner. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the above designated streets and improvements be included on the project entitled, "South Highbush, Bumblebee, East Aliak, Swires, and Highbush Roads." PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTESTS ane a an, My Clerk `, s I I %f 8 , ' Sugqoated bys City Council CITY OF KENAI RESOLUTION NO. 84-102 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, URGING REGULATION OF THE SALE AND USE OF FIREWORKS WITHIN THE KENAI PENINSULA BOROUGH. WHEREAS, the unregulated sale and use of fireworks has contributed i to the extreme fire danger, not only in forested areas of the Peninsula, but also within the organized cities and has resulted in at least 13 incidents in the last three years within the City of Kenai, some of which threatened life and property, and WHEREAS, the City of Kenai, as well as other cities within the Borough, prohibit the use and sale of fireworks through adoption of the Uniform Fire Code, and WHEREAS, the Kenai Peninsula Fire Chiefs' Association have recommended regulating or banning the use and sale of fireworks in the Borough. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Mayor and Assembly of the Kenai Peninsula Borough be urged to enact an ordinance regulating the sale and use of fireworks within the Kenai Peninsula Borough for the safety and protection of both citizens and property within, as well as outside oft the cities of the Kenai Peninsula Borough. BE IT FURTHER RESOLVED, that copies of this resolution shall be forwarded to the Kenai Peninsula Borough Mayor, Kenai Peninsula Borough Assembly, and the incorporated cities within the Kenai Peninsula Borough. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. ATTESTS snot Whelan, City Clerk TOM WAGONER, MAYOR n 0 Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-103 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT FOR PROJECT MANAGEMENT, COORDINATION, SURVEYING, TESTING, AND ENGINEERING INSPECTION SERVICES TO WINCE, CORTHELL, BRYSON ON THE PROJECT ENTITLED, 1984 ROAD IMPROVEMENTS - STANDARD DRIVE, R-1C-HFIELD--M-VE, THOMPSON PLACE, FOR THE AMOUNT OF $34 , 400 . '-? 44� ";- WHEREAS, the City of Kenai received a proposal from Wince, Corthell, Bryson, and WHEREAS, Wince, Corthell, Bryson was the engineering firm that worked on the designed phase of this project and is familiar with this project, and WHEREAS, the Public Works Department and the Council of the City of Kenai feel that it is in the best interest of the City of Kenai to award this contract to Wince, Corthell, Bryson, and WHEREAS, sufficient funds have been appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Wince, Corthell, Bryson for Project Management, Coordination, Surveying, Testing, and Engineering Inspection Services on the project entitled, 1984 Road Improvements - Standard Drive, Bir tfJ,&Ld-.D-r 4wt Thompson Place, for the amount a y> 5;� U PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. TOM WAGONER, MAYOR i ATTEST: Janet Whelan, City Clerk ' I Approved by Finances J WINCE • CORTHELL • RRYS_ON .--:•� CONSULTING ENGINEERS ,` ' •, r O sox 1041 907.2E3 4672 t' KENA1. AIASKA •'+ 99611 August 10, 1984 Keith Kornelis Its t.clvcll ' a�nu Director of Public Works Cih/ cf ;VI Box 580 Kenai, Alaska 99611 ;i Subject: 1984 Road Impro„ements Standard Drive, Richfield Drive, Thompson Place Dear Keith: *n accordance with your verbal request, we herewith submit this proposal for full time Inspection Services with regard to the subject project. We propose to provide inspection personnel and testing services for the above construction activities generally in accordance with your standard inspection requirements. We will, in accordance with the City's verbal instructions, arrange for an experienced Survey Crew to provide basic survey layout. The Survey Firm will provide proof of professional liability to the City. Throughout the course of the project, we will schedule survey crews, process survey billings, and submit them tngether witl, our own billirgo, rot payment by the City. We propose to provide services in accordance with our schedule of rates and charges, copy enclosed. PHASE ESTIMATED COST Inspection Services $19,300 Construction Surveying $12,100 Testing $ 3,000 We have based our estimate upon the time allowed the Contractor for construction activitios,90 calendar days,and 40 days.of Actual Construction. We request th.it our not -to -exceed limitations for field inspection also be contained within that period (excluding winter shutdowns). It is our intent to utilize the services of Northern Testlab for testing services. Survey services are proposed to be provided by Malone Surveying. If you have any questions, please contact our office at your earliest convenience. Very truly yours, WINCE-CORTHELL-BRYSON Pffilip W. 529son Enclosed: Schedule of. Rates & Charges;. rhilir W srf,aa ►E Alan N Coothell PE •rank W Wine* ► E MEN 1 Sunnantad by Admin t i et rat inn n ICITY OF KENAI ((••""" RESOLUTION NO. 84-104 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE STANDARD, RICHFIELD, THOMPSON PLACE CAPITAL PROJECT. � Froms -- Contingency $8,400 i Tot ; - Inspection $8,400 This transfer provides additional money for project inspection _ and surveying. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 15th day of August, 1984. t TOM WAGONER, MAYOR ATTESTs Janet Whelan, City Clark Y Approved by Finances 01 -.`�►1r�r.Ji�w�+rd�1+� . .. .•..-.. 'Vl�ta�lkCicd'�•- .�il\ •• . - Suggested by: Administration CITY OF KENAI RESOLUTION NO. 84-105 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES RE MADE IN THE LAKE, MARINE, GRANITE POINT, MAIN STREET LOOP, AND FBO ROAD CAPITAL PROJECT: f' F rom s Contingency $14,233 To: Construction $14,233 This transfer provides money to award the construction contract on this project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of August, 1984. om Wagoner, Mayor ATTEST: Janet Whelan, City Clerk Approved b Finances " �I PP Y ,1 t f r i t /y Suggested by: Administration (/ CITY OF KENAI RESOLUTION NO. 84-106 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE STANDARD, AND THOMPSON PLACE CAPITAL PROJECT: From: Contingency $3,929 To: Construction $3,929 This transfer provides money to award the construction contract (Schedule A) on this project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 15th day of August, 1984. Tom Wagoner, Mayor ATTESTS Janet Whelan, City Clerk Approved by Finance: p c i f. i j •'Q } li 0 AGENDA KENAI CITY COUNCIL - REGULAR MEETING AUGUST 1, 1984 - 7sOO PH WORK SESSION - 60O NM A. ROLL CALL 1. Agenda Approval 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 requests, 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. Frank Konts a. Paving Lilac St. b. Junk Yards in Area 2. Polly Crawford, Thompson Park - Objection to Engineering of Nevada St. 3. Architect C. Gintoll - Community Center - Interior Decorator C. PUBLIC HEARINGS 1. Ordinance 954-84 - Amending Kenai Municipal Code - Application Fee for Rezoning Petitions 2. Ordinance 955-84 - Amending Kenai Municipal Code - Portable & Flashing Signs 3. Ordinance 956-64 - Increasing Rev/Appns - Community Center Design - $105,942 4. Resolution 84-86 - Submitting Charter Amendment to Voters at Oct. 2, 1984 Election - Filing Dote for Council Candidates 8 Deleting Petition Requirements S. Resolution 84-87 - Transfer of Funds -Library Addition- $14,244 6. Resolution 84-88 - Transfer of Funds - Purchase Items in Airport Lounge - $5,000 7. Resolution 84-89 - Transfer of Funds - Lake, Marine, Granite Pt. - $4,660 8. Resolution 84-90 - Transfer of Funds - Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext. - $41,500 9 . Resolution 84-91 - Street Names - Dena'ins Pt. Estates 10. Resolution 84-92 - Transfer of Funds - Fire Dept. - Monitor Pagers - $2,100 11. •Transfer of Liquor License - Restaurant/Eating Place - Italian Gardena 3 J � ' � I A 0. MINUTES 1. •Regular Meeting, July 18, 1984 E. CORRESPONDENCE 1. •Cooperative Extension Service - Ple:nt Test Site 2. •U.S. Secretary of Treasurer - Revenue Sharing 3. •Alaska DEC - Municipal Grants 4. City of Seward - Petition to Kenai Peninsula Borough - Fireworks Ban F. OLD BUSINESS 1. Ron Yamamoto - Doyle's Lease Application - Gusty S/D 2. Lease Application - Doyle - Gusty S/D G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. •Ordinance 959-84 - Amending Kenai Municipal Code Expanding Business Area Described in Awarding Competitive Bids 4. •Ordinance 960-84 - Establishing Assessment Fund - Sprucewood Glen - $227,000 5. Ordinance 961-84 - Amending Kenai Municipal Code - Sign Code 6. •Ordinance 962-84 - Amending Zoning Map - Lawton Acres S/D 7. Discussion - Lease Application - Parker 8 Black - FBO S/D S. McLane Proposal for Water h Sewer Engineering on Aliak, McCollum, Cinderella, Fox, Princess, Linwood Ext. 9. Architect Gintoli Proposal for Design of Community Center 10. Nelson Proposal - Inspection 6 Surveying - Lake, Marine, Granite Pt., FBO, Main St. Loop H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk 5. finance Director 6. Planning 8 Zoning 7. Harbor Commission S. Recreation Commission 9. Library Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT J i �i1 �' sso KENAI CITY COUNCIL, REGULAR MEETING, 14INUTES AUGUST 1, 1984, 7sOO PM KENAI CITY ADMINISTRATION RUIL01NG MAYOR TOM WAGONER PRESIDING PLEDGE OF ALLEGIANCE. t `._ j n•.a,+.. " A. ROLL CALL Presents Joss Hall, Ray Measlea, Chris Monfort John Aire, Tom Wagoner, Tom Ackerly, Sally Bailie Absents None A-1 Agenda Approval a. Mayor Wagoner asked that item B-1, Frank Konte, be deleted. Council approved the agenda as amended. A-2 Consent Agenda MOTIONS Councilmen Wise moved, seconded by Councilman Hall, to approve the Consent Agenda. Mayor Wagoner naked that items G-3. Ord. 959-84s and G-6, Ord. 962-84 be deleted from the Consent Agenda. Councilman Wise asked that items E-3, DEC Letter$ and G-5, Ord. 961-84, Sign Code be deleted from the Consent Agenda. (NOTES G-5 was not part of the Consent Agenda) Motion passed as amended. 8. PERSONS PRESENT SCHEDULED TO BE HEARD 8-1 Polly Crawford, Thompson Park - Objoctlon to Engineering of - Nevada St. Mrs. Crawford explained, when she bought her home in Thompson Park, it had perfect drainage. Now it does not. The hill in front has been removed. The driveway was 2w-3% grade, it will be 9% now. She does not have the money to buy a 4-wheel drive vehicle. They will not replace all the dirt they took out. They are building the road sideways, lifting the road on the outside. She does not know how that will work. It devalues her property and the neighb�r'r al,w. They cannot drive their trailer in. She feelo she has none compensation due. They intended to build an access driveway on Togiak, now they cannot. They are asking for another driveway in front of their lot and sink the City to compensate them for it. They planned to have a 1-car garage In front of the current garage, They have not had a property appraisal, but they bought this house because of the driveway. It is devalued in their estimation, Councilwoman Bailie asked if that type of driveway has been tried before. Public Works Director Kornelis replied, yea, P this is not a steep grade. There are houses on the other side, it could drain into them. City policy to to require i residents to pay for additional driveways. Ha.esli+wMg-bfrs- A\J Councilman Wine suggested thia $tens be tabled till the project is complete. �••, Council agreed to the suggestion. 8-2 Architect Gintoli - Community Center - Interior Decorator Mr. Gintoli noted the 2 proposals in the packet, Roth are of equal quality. Alley has more experience. He talked to 5 people, 2 put in proponsls. The local people felt they could not handle it. Mayor Wagoner said he would like to ,I ._.._._ I KENAI CITY COUNCIL AUGUST 1, 1984 Page 2 Center committee. Mr. see them work with the Community Gintoli said they are aware of this. mayor vaqoner accepted, asked i the architect's fee would be reduced if this fe accepted. Outt it would Mr. Gintoli replied he did not sea n to this what iqure city be lase, but they are workiidn„genk�oNoexactlycwha fthe c He explained, Mr. Alley Ma. Epperson is an wanted from him. He is an architect, interior decorator. MOTIONS seconded by Councilman Measles, Councilwoman Bailie moved, to spProve Eppsrheimer as interior dosigner for the Community Center. Notion passed by unanimous consent. ADDITIONAL ITEMS Ed Call, Cook Inlet View Or. Mayor Wagoner asked that this item be added under Old Business. Council agreed to the request- C. PUBLIC HEARINGS C-1 Ordinance 954-04 - Amending KNC - Application fee for Rezoning Petitions. NOTION$ Councilman Measles, to Councilman Aekerly moved, seconded by adopt the ordinance. These was no public comment. Notion passed unanimously by toll call vote. C-2 Ordinance 955-84 - Amending KMC - Portable b flashing Signs MOTION: Councilman Measles, to Councilman Aekesly moved, seconded by adopt the ordinance. PUBLIC COMMENT$ ears s, Dan Knaeketedt, Dane Union. He asked Council to hold other signs. He needs the oft on adoption of the ordinance for at least Y to let the businessmen buy yeannot afford Tv or with Sigel for advottisiil•is getting into a grey newspapers. ne. He does not like flashing aigo testtiotionn on gone to expense for electric work on signs, but he her 9 his sign, K. or ji. Eliminating portable and blinking signs b. Connie improving the City than anything the City can mots do. they do nothing for the City. Small will a more f business owners can buy what they can afford+ they do not need to be expensive. C. Hairy Swenor, Specialty Subs. They have one the signs listed on the ordinance. They need it.. lights out in the sign, that ie lace Regarding havingleir because of vandalism- oInttt road.sePOOPle cannotpnee t0 put a sign�h did them from the roadDdyTin Saida hasithem.conShe from that sign. Every not think they were an eyesore' - . -+ - w. , rr�rws '� f; I . �I fl ti i ,r i= 8 - I KENAI CITY COUNCIL AUGUST 1, 1984 Page 3 Councilman Wise noted Mr. Knackstedt's sign would not be illegal if the legs were buried. The question is, what do we really went? Mayor Wagoner noted a lot of signs in Kenai and Soldotna are in the right of way and are illegal. This is not nomething new, but it has been ignored by the City. Councilwoman Bailie said she understood the signs would help for businesses, but their location on the Spur is of benefit to them. The City has gone to great expense to beautify the City, these undo all that we are trying to do. We have a sign code that will be in effect Sept. 15, 1984. This ordinance would be in effect Sept. 1. She suggested this be defeated in lieu of the regular ordinance. Mayor Wagoner said if reader signs can be installed permanently, they are legal. But that does not solve the problem. He asked the cost of the signs. Mr. Knackstedt replied, he paid $1,500. Me. Swenor said she paid $1,000, a new one is $1,340. The question is, where do they get rid of then? VOTE (Failed)s Motion failed unanimously by roal call vote. C-3 Ordinance 956-84 - Increasing Rev/Appne - Community Center Design - $105,942 MOTIONS Councilman Rosales moved, seconded by Councilwoman Monfort to adopt the ordinance. There wee no public comment. NOTION, Amendments Councilman Wise moved, seconded by Councilwoman Monfort to &send the amount to $109,500. VOTE, Amendments Notion passed unanimously by roil call vote. VOTE, Main Notion as Amendeds Notion passed unanimously by roll call vote. C-4 Resolution 84-86 - Submitting Charter Amendment to voters at Oct. 2, 1984 Election - filing Date for Council Candidates h Deleting Petition Requirements MOTIONS Councilman Ackerly moved, seconded by Councilwoman Monfort to adopt the substitute resolution submitted this date. There was no public comment. City Manager Brighton explained. the substitute was suggested to divide the two questions. Mayor Wagoner sold if a person cannot get 20 signatures he should not be on the ballot. Atty. Rogers explained, the purpose was to cut through some of the bureaucracy. The Clerk is faced with verification at the last minute, it has become burdensome. The requirement has not precluded anyone from running. The City has enough trouble getting candidates without one extra burden. I s A KENAI CITY COUNCIL AUGUST 1, 1984 Page 4 VOTE (Paaaed)i Yeus Monfor, Nine, Ackerly, Hallie No$ Hall, Measles, Wagoner C-5 Resolution 84-87 - Transfer of Funds - Library Addition - $14, 244 NOTIONS Councilman Meaaloo moved, aecondod by Councilwoman Bailie, to adopt the resolution. PUBLIC COMMENTS a. Karl Mohn, President of Library Board. She urged adoption of the resolution. This is the best utilisation of funds available. 60,000 people have walked into the library, 66,000 books have been checked out. There will be more with growth of the City. They would like to have the building now no they would not have to come back in 5 years. finance Director grown explained this is for the shortfall, not in the original appropriation. Mr. Gintolt's contract for redesigning to $35,000. Councilwoman Bailie asked if Mr. Gintoli had designed a 5,000 sq. ft. facility, Mr. Gintoli replied yes. Councilwoman Beille suggested putting both out to bid. Mr. Gintoli said he has spoken to some contractors, they were agreeable. Bonding would be for both, There are a lot of details in the lot design that will work for both. Councilman Wise suggeoted identifying the (undo on a cover sheet to the bidders. Council agreed to the suggestion. Mayor Wagoner asked, if we go to 10,000 sq, ft., will it require additional parking. Building Inspector Hackney replied, yes. Hr. Gintoli said there is space on the south side (fidelgo St.) for 20 cars. It will probably be about W #000 additional. Councilwoman Monfor suggested going for 8,000 sq. ft., that would give us parking, furnishing, etc. Mayor Wagoner said the City should not build any facility that cannot be designed for expansion. Councilwoman Monfor said her suggestion wao 4,000 sq. ft, on each floor, still 2-story. Mr. Gintoli said they planned not going below the existing level, it would be a daylight basement. The redesign is a not -to -exceed figure. He has not started the redesign. He has 2 people willing to come to work, he will put 2-3 people on it. Motion passed by unanimous consent. ADDED ITEM ON AGENDAS Council agreed to dincuon the Library Addition design concept. MOTIONS Councilman Wise moved, seconded by Co.•,zilman Ackerly, to approve 10,000 sq. ft. Councilman Wise Bald thia would not eliminate the 5,000 sq. ft, figure, but there would be an upper limit of 10,000 4q. ft. Mayor Wagoner asked if it would be difficult to bid 5,100 eq. ft. daylight basement or the whole thinq as deducted alternate. Mr. Gintoli replied it would be more work, The bid with lower level as bane bid, 2nd ao alternate bid would need a stronger roof and changing the KfNAI CITY COIINCII AUG11 S t 1, 19114 Page 3 elevator opoco, MOTION, Withdrawalt Councilman W19u, with ef,noont of oacond, withdrew hio motion. MOTION$ Councilman Wine moved, seconded by Councilwoman Monfor, to award $35,000 contract to Mr. Ointoli to denlgn 10,250 aq. I t. building for primary bid and 2nd story an added alternate. Notion paaeed by unanimous cnnoont. C-6 Resolution 84-80 - Transfer of funds - Purchase Items in Airport Lounge - $5,000 MOT 1541 Councilman Ackerly moved, accondod by Councilman Mosoloo, to adopt the resolution, There woo no public comment. Mayor Wagoner explained, these ate the Items in the bar that belonged to the previous owner. Motion pasoed by unanimous consent. C-7 Resolution 84-89 - Tranafor of (undo - Luko, Marino, Granite Pt. - $4,660 NOTION$ Councilman Ackerly moved, ascended by Councilman Wioe, to adopt the resolution. That# was no public comment, Notion pasoad by unanimous conoant. C-8 Resolutle;n 84-90 - Transfer of funds - Aliek, McCollum, Cinderella, fox, Princess, Linwood Ext. - f41,400 MOTIONS Councilman Vise moved, seconded by Councilwoman Rollie, to adopt the resolution. There was no public comment. Notion paosed by unnnimoua consent. C-9 Resolution 84-91 - Street Nomoo - 0ona'ins Pt. Eatateo NOTIONS Councilman Ackerly moved, acconded by Councilwoman Monfor, to adopt the resolution. There woo no public comment. Motion paoged by unantmous consent, C-10 Resolution 84-92 - Transfer of fonds - firs Dept. - Monitor Pefleto - $2,100 J C� ,/ n�I 9110.1 f' I l y C1111►11: 11 11 AI11111fif 11 1Wfl# Pegs to 1411111114 1 Iofunit IIMflll AitkarIV moved# fonnoifditd by Cnunollnian WIff0e t,o adopt the rnfoollit iOjos . filet" wife fill t►tlt►i $if n/nllnlattt , Nation pfofof►nd fly unaninlnun nonannt, C•11 l ranafar of I.Iquf►r 1.Iner►nN Reotflueant,/Y.atlay Plana • Italian RardNl►N Approved ondnr Coftnant Atlfutda, 0, NINUTCfi 0.1 Regular Nootltlq, July life 19114 Approved under C011meat Agenda, COIIRC fiPONUNffr C•L U.fi, lieoy of Traanury - ►Invnnun fiharinq Aeoeptod under Canaf►rlt Agonde, F-J Alaska DEC • Nunlnipal Olanto Counellman Wise flaked, 1fl►ara to Chip City on lusts end roderal rPA fit efit pf0gfafxn9 Whet did we nuboviity the Winaef Corthell, RrynOn atudy all ae)fer at Ittompeon Park f and Aliek, eto, proJnntfl Are CPA ellq►1/lo. Puhlia Workm Oireotor Katie Ila replied, they were Submitted the aallee 00 lsst yser, Ono; wan Tht►l►puon Park, the other is the 1{aavef Creek interoeptor, They have !fen►, the W111e0Corthell, I)ryenn Ito He, they am hnnditnri CPA, rant year we were pleoed on the CPA priority Itip „ C, Kenai mea /L7, Reever Loop was on the lint fitstemlde, 1n past yearn It was M great, now It la 51%, It Not; sut►witted July 10, On Deep we have tilt Aug, 19 to atfbfolt, We were 1100101 fairly high last yeav on 11100peon Park, it to unlikely we wlil let It this year, but we will try f►a>rt year, fie distributed No DEC summary of last year, CounotlMan Winn augqestod ohenglny pr►oritioN, Prinneaaf eto, to lot plane, 906" we lieVe a110ostad for foadfl, water ti Newer it to not en011f)h fro* the Otate, mayor Waflonar aald ►,flls was not efithur►ted b}� Counflil and the people, It flat; the attitude of Counolt tl►at we have oft onNeaaAlfl/it dtatrint. COtlntillAlefl wine said, the people are oognittinq thnMaelvns by flakiriq far 20% eeee8e0ont, We r►ald we would englf►eer end find the honey. If 00 enn get ore x0fley for thin, we oaf► Add to LIP# 169110100, too 011(potited tlovinq It►umpnan Park to /2 plaeof take out motor /W put to neMef. NO110N1 COunn11111ef) Wine 01loV/ld, n010011dlld toy t:Otillifi 1MNNIa/► 1{fill the titot Its our pro,leetfo oolosittnd to 10C, thin ynarf ahflnge 1tee1 I2 to /1, Item /7 to 02, NOTtfltt, Additiotle Caaan i l Malt NoNlo l elo nuggont. nd ,'llonq l nfl Ono no 00 ► n 11I:, Notion pa -►food unnnimnuNly toy ►ill i roll yofn, Caannitfflon Winn nuggnntnd tfollinq loam 04 loft, fill vlt .ton wan I NVnn by Oilonn l l on this MOM, / I �I I 1 L4404,1%i/M a./ • ;.; : ;,; ; '; ; ; ; ; AIIf;U!if 1, 190/1 1' little 7 1 .1 Cnoloarat tva txtanulun liervina - 11111101 lt#at little Mayor walonar aakod that 11111 Item he d"Inted from the Conant, �gantla for dlnc"nolan. Mayor Ngllonar ellknd, when will the fonlre he b4ollt9 City Mena/tar iir►tilltnll replied, revettlin aharltal will too dincosund at the namt meatililt, Ile thoolpit. tllin ""a too list revtilllre attar inq. Pul►!le Mork" Director Ko►neII n noggnoted they 01jul4 advert In" slit inlpatlilts appravnl. Counatl agreed to Ihn auilijnnt last, f-4 City of tlaward . Petition to Kitnal Pnnlnatlla Morough f Iraworkn Ilan Mayor wationor $$liked that thn ratiolution nut►mittnd la 1901 bN redrafted and nnnt to the fiornllgh, Fire C1110f Mitinton noted there have iron" two Iticldento thlo year, Mayor Maga"ar N"ggented sate of firework" ►r" rontriotad to two woeka around .7uly ir, Connell agroad to the roggeut, F, 01.0 0114INK51i F-1 Mon Yamamoto - Doyle/n 1.e9010 Application . fh►e►,y WD Atty, David Clark, Anahoregn, apolie for Mr, Yammmato, iie hall not ravieNRd the City rNaardn, tin reviewed Mr. YamNmotu'a reoorda, In Morel) 19711 Mr, Yamamoto submitted sop application ender the Rhen-aurroot ordination, ihs land was owned by FAA, it wale not alrlidlvldad And platted, there wale an effort to actlutrn from FAA for tenon, Mr. Yamamoto took the item to P61, They tattled till the Airport Msatar Plan wise deli", In flept, 1900 a letter wale giant from City Mansgar M►ighton asking FAA for a deoloion. From the tone there had bNen correspandnnoe between Mr. Yoismoto, FAA sold Mr, Ortthton, In NOV. 19#16, Mr, Yamamoto asked PA/, for a dec aloe It wan tsbind i►gain till the next maetinqq, 1n ►Iov, 19M�1 a letter wail leant from Mr. Mrigbtnn to fAA making for authoriistitil to lease to Mr, Yamamoto. In Ono, 1900 PAl acted on the lease application, it was approved sold sent to Connell, to Dan, 19011 a 1Nhtar woo want from Mr. Mrlgtltiin to Coonnil soklnq for Npprovnl, Mr, Yamamoto has aontaatod the City at lssat 4 timnu par year rsojardintl eta►,ua of the lnaan, In every n"mmunlnNtlon they amid the leNNe wall aurlont and nit Other spplloation wait on file. In April 1904 N 1Nttar wan nant from INnd Manager 611pah" to Mr. Yamamoto Nayinq the concept lesion want no longe► sotive In aaaardanoe with ourrent Coda, Mr, Yamamoto fulfilled all the ragt►iromanta and paid the Peen, to 1991 the ordination wall a►Iasiojed, filing NO was leftroaaad nad it W19 dapnait. Mr, Yamamoto did no►, rNestivo the April 19114 latter t►eanoon It wale NNtlt to on old addrooa, lit Ap►ll 1904 Mr, Drighton rant N tattler to M►, Yamamoto that lost had tin vented right to the property, Mr, Ysmumoto allrean, bill, tba ordlnsnco data "p due procaaa for fllinq, An Individual ►a entltlad to raosiving trnatgati► arrsordlnq to Ordinance, floss 1901 ohangn did not nay tbN loans appliratlnn had a doodling, the proper vtep to take, rather then ra,toratlon, woo to inform ttr, Yomamgto that, the ardinunae had a►sangt#d road givo film an oppor►,00ity to 1;18ra, fly Mr, 1 obarirl,a Nr,tion, thin prnr,afon hof) haan dappled, 1{aqurd►nq M►, Yamaulotalo applleat'lnrl 1" rnlstlon to Doyin, In 19110 hh/ paaoled Mr, Yamamotclo application, thla loop" nnvor been ravnkad, Atty, Kogaru noted f,MC 2i,i0,0101 Its ors AI ty, Clark hag field, but if the loans lti not antlered ►itt,t► lit t, monthn, tilt# appllaation Nxpiroa, flint Iu not t.n ngy rnagatt s:nuid roof„ in the Gent tntarnote of the City, hove Pft/, and Colu"all ronriider tooth tatti� I i • I i I 1 ICI ei I !' V FA!Ar rirY rriffur ti Allllilll l 1, 1904 Page 11 loan" split lost long . Rogerding the addrnnn uand by Mr. Lobnhn, thin wait thy► addrnnn !Ivan (in the louan application. Also, the Inoue oppliantlon in in Ran find Coil"tt" Yomamota'a name. Atty. Clark replied, that to his formor / wife, fin to advocating Mr. Yamomots's rights at this point, They are divorced and he doesn't know the settlement. They are asking for priority pursuant to the ordination. The lot loonn application to q:von priority subject to P6Z finding that this In the higho;it and bent use. Mayor Wagoner nutnd the ordinance says In b months It to cancelled, but Mr. Yamamoto hno inquired over a period of time. Pal. approved Mr. Yamamoto'a application and then one for Doyle after Mr. Labohn rojor.tnd Mr. Yomamatn'n application. Atty. Ragorn naked, did Mr. I.ahahn'a lot►,or ask him to reapply? Mayor Wagoner ropliod no, Atty. Rogers said the boot solution Is for Mr. Yamamoto and Mr. Doyle submit applications to Pal.. Council can aecopt or reject, Councilman Wine said the airport land woo deeded to the City with reservations not to una for anything other than airport related activities. We had to get a reloons from FAA. We Raked for a concept Insna but nould not Identify with a legal description. The lease could not be consumstad, The relenoo was not made till 1903. It would appear the concept leaao was valid till the land woo identified. The 4 .o?^th's stipulation was not on the concept lease, the h month's date does not apply. One* the land was legally available for lease, what did we do and did we do it right? Atty. Rogers replied, the letter of .,i.,aieu►,�,i.,.,,,,.,. .. ,.-s..••� April 1994 from Mr. Labaho returned the concept lease to Mr. Yamamoto, Mr. Labohn sold the land wan available in 1983. The letter dated April 1984 was the lot written correspondence he had with Mr. Yamamoto, The property was platted and filed Juno 1981. The doed of rol000e was approximately that date. Atty. Rogers said regardl000 of what was done, the Cade has a G month's provision. It does not make a distinction between lessen and concept losses, To do other than send them to Paz and back to Council, we would have an argument on Doyle's aid&, This way everyone boo an opportunity to be heard. MOTIONI Councilman Heston moved, secanded by Councilwoman Sallie, to send both loons applications to Paz so competing applications, Atty. Clark said Mr, Yamamoto boo spent considerable time and money to this date, He has gone through sit the steps with pal. The Image concept to "grandfathered" in, He asked It not be sent back to P 1. Mr. Yamamoto woo In touch •WNW W4;VA, with Mr. Doyle. He thought he had a valid application. Mr. Doyle was fully aware of this. Councilman Wine said if we send thin hack to PbZ, they have a concept Image that does not identify the property legally. He has a problem with Mr. Yamamoto not filing a formal issue application on hin own, we had a legal doecription In mid 1981, No asked if Mr, Yamamoto had been advised t" update the lemon application. Atty, Rogers did not know. Councilman Winn said if we go back to Pb/•, he has to bring a now application to compete. Marko lurack, representing Doyle, spoke, He submitted the application, fin had talked to Mr. Yamamoto regarding potential developmont, It was pointed out to Mr. Zurack by a 3rd party that the lot wog available. fin railed Mr. Labohn and he said It wan, He spoke to Mr, Yamamoto I tines and ranked if he wan sure lie find a loons, ho said yea. Mr, lursek told folio he +should shack into It. A few days posited, he thought he would file sine" it wan available. He filed end woo told there were fin other appllcationa oubmitted, His lease has been accepted by Phl., Mr, Yamamoto woo aware /' I A11G11!iiyt, 119R4 Patin 9 before he applied that two wan told it wan available. Atty. Rollers explained he suggested Mr. Yamamoto ouhmit a nupplament and It he conoidared In the boot intereata of the City, Mayor Wagoner linked why he should submit a 2nd one if PAZ approved the lot one. Atty. Rogers explained, they did not conaider it n valid application. Mayor Wagoner asked If that wan Mr. Yamamoto'$ or the City'a fault. Atty. Rogers replied, that in something we may have to litigate. VOTE (Psoaed)t Yes► Hall, Menelaus Rine, Rallis Now Nonfat, Wagoners Ackorly i-2 Lesee Application - Doyle . Ouoty S/D Mayor Wagoner said thin item In moot, after the action on item f.t f-3 Ed Call - Cook Inlet View Drive A. Ed Call, 1202 Lilac, There in a fence across the end of thin road that to on a noction line. It Is Illegal to fence a section line. The Nativoo claim it, Rill 4uandt claims it, the City in maintaining it but doer not claim it. The fence is 6 ft. high.iomebody hoe driven through it. There are aigne saying "private property, keep off," We have to find out who owns the property. Did the City expend any money to Install the fence, other than the wages of an engineer? City Manager Brighton replied, the City hoe opent no money, the City Engineer was not involved. Public Works Director Kornelis sold George Miller called him and amid he wanted to extend the fence to Section 36. Mr. Kotnells said h* would take a look, He told Mr. Miller he did not went to get Involved with the fence. Mr, Kotnells did not know it was a section line, There Is a legal question, there woo a period of time that section lines did not have automatic 30 ft. easement. Mr. Call said, according to the Borough, it Awakes a difference If it Is State of federal. The 5 acres the Natives claim were given to the government by people not living here now, It is washing away. Mayor Wagoner said Administration has been directed to research this, there are paper* owned by some individ►►alo that may help, Atty. Rogers would like to have them, Mr. Call sold he hoe given documents to the City and they have been lost. Atty. Rogers said he has met with George Miller and a title company representativo. A title search has never been done, but to being done now. He boo talked to the people who may own the property and asked them what,ors their deaires. The are amenable that they get out from under. He hoped to have some Information by Aug, 15 meeting. Mr. Call Gold the City made a title search on the adjoining Iota. Atty. Rogers replied he could find no record of it, when did they do it? Mr. Cali replied, about 10 yearn ago. Lilac it, to tied Into it, The City put is culvert actoas there. It wag an open ditch wlth a log barricade, the barricade wen knock,rd down, The City Put a culvert scroas there. All traffic comes In hlo direction now, the culvert, In Illegal. The upgradinj Of Lilacs its to bone of r:untalit loll, lira hydranta and sewers were put lot It wan upgraded to put in black top, They have 3 dltrhoo new. In winter rare cannot pann, 43 families live on thin atroet, tho City to Getvieing people wh"re there .a one church and one house. Lilac ohould be upgraded to black top and L�I •�.�.,�. '1rf�. r a,.11 _� _ .l. -i{i .. _ _ _ _ _ _ ..�.A z_-�y.y�s w�,^w _ __ _ _ J KLNAI I./IT 1. 11UN4.11. AUGUST 1, 1984 Page 10 curbn. they have boon on the priority lint for name time now. Mayor Waqonor onid Council to startirg work sessions on capital improvements, thin will be discuonod. Mr. Call nnid there to a gtroot off Lilac the City does not recognize, it could bit tied into the section line - it runs into it. Mayor Wagoner replied, it in not up to City standnrda. Mr. Call nested it is on the City plat, Mayor Wagoner explained that does not mean the City is responsible for the road. It is the subdivider's responsibility till it is up to requirements. b. Calvin Quandt, Kenai. Mr. Ahlatrom owns the road. Bill Quandt paid Atty. Garnett $1,000 to find that out. Mr. Ahletrom wee to send the City copies of this information. Bill Quandt has tried to give the road to the City. Mr. Ahlotrom wants $5,000. This is a public access road. there in a hole poked in the fence. The esuament is 55 ft. for the auction line. It was platted by the Borough about 1953. Mr. McGehan had the subdivision. The name is not legally Lilac, it is Illiamns. Charlie Parker found the survey line, everyone else to 18 in. off. The fence is in the middle of the section line. The City has maintained the street for 12 years, it could be theirs by eminent domain. 0. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified NOTION$ Councilman Wise moved, seconded by Councilman Measles, to approve the bills as submitted. Notion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTION$ Councilman Measles moved, seconded by Councilman Wise, to approve the requisitions. Mayor Wagoner asked that Wm. Cooper, MD, $6,000 - be discussed separately. Notion passed by unanimous consent. WN. COOPER, M.D. - $6,000 NOTION$ Councilman Wine moved, seconded by Councilman Aekerly, to approve the requisition. Mayor Wagoner nnid in March 1984 we agreed there was to be diacuosions with Dr. Hannon. He asked that this not be approved, and have a work session with Dr. Hanson, Council, Fire Chief Winston and ENS Oiroctor Lovett. finance Director Brown explained, Council made a motion to award to the hospital, on amount was not mentioned. Or. Hansen sold he did not want them at the hospital. the motion was not right, it was not the hospital, but Dr. Cooper. Council has approved the concept. Councilman Ackerly Baked if It would make a difference in service till the work oenuton. fire Chief Winston replied, legally we have no service at this a - .A... .. .... .n. . .. .., .Mar 1...., I.. .... .... ..,. AUGUST 1, 1904 Pago it time. In order to continuo nervlce at thin lovel, according to State statute, we muut hnvo a physician advisor. the contract with Or. Hansen lopoad June 30. MOTION$ Councilman Monolen moved, necondod by Councilwoman Sallie, to table this Item till a work noonion. Motion panned unanimously by roll call veto. Council agreed to a work session on Time., Aug. 70 1984 at 600 PM. Clark Whelan woo naked to net up the work eeonion. Mayor Wagoner asked if there could be a temporary contract with Dr. Hannon. Atty. Rogoro said he will contact him. MOTIONS Councilman Wise moved, necondod by Councilmen Ackerly, to pro rate the amount on the contract (with Dr. Hansen) till this is settled. Motion passed by unanimous consent. G-3 Ordinance 959-84 - Amending KMC - Expanding Business Area Described in Awarding Competitive Bids MOTION$ Councilman Wise moved, seconded by Councilman Ackerly, to introduce the ordinance with the following amendments$ in the NOW THEREFORE clause, (h), line 2, delete ", or" from the sentence. Councilman Wise explained, at the July 18, 1984 meeting Council took exception as mentioned In this ordinance. The ordinance was adopted in 1981, but has never been used before. Mayor Wagoner noted it had not been ignored, just not used. Councilman Wise said, drawing a net around Kenai may make mote problems. It should include Nikiski, Sterling, Kalifornsky Beach and Soldotna. We should try to enhance the core *tea. Mayor Wagoner said if we were a Borough -wide body, he could agree. Councilperoona are elected by the citizens of Kenai to take care of the business of the City. We awe It to our business people to award them contracts if it in In our beet interests. Councilman Hall noted there may be a situation where a City realdent owns a company that is outside the Cityl or the low bidder has employees that live outside the City. MOTION, Amendments Councilman Hall moved to state the principles and owners or officers reside in the community. Motion died for lack of a second. Atty. Rogers noted this type of statute is being attacked nationally, the problem of goinq beyond the present ordinance Ls, you have vagueness that may be an argument as to what is Included. this is not using Borough bounds. the City bousdarlen have direct relutiunobLp to City buoinoss. Council »nuld be Ill-advised t•a tin beyond the prevent ordinance, the present one could be cleaned up. It to dioeretionory. He auggnntod changing the "shall" to "may" In (b), line is. Councilman Hessian naked if the Oorouqh has a 5% differential. Atty. Rogers replied, the State does. Mayor Wagoner added, i% with a maximum. Atty. Rogers said he would review adding a percentage with a maximum. 0 Kf.NAI PITY 011INCII. AUGUST 1, 1984 Page 12 Councilman Ackerly auggentod uaing the hoopital service siren. He would prefer no ordinance at all and go to low bidder. Atty, Rngnre explained, the nervire area dean not have the volidlty of geographic bounds of the City. Councilwoman llailla noted Council in not elected by the service area, but by the citizens of the City. Thin might be an incentive for huatnnanen within the City to bid. Councilman Aekorly cold title ordinarce is the some an Introducing one that, limits the foot food restaurants Lit the City. Mayor wagoner explained thin was Introduced when a buolnesoman bid an some tires for the City and lost by lean than $20 to an Anuhorago businnoe. By the time the City gets through with the paperwork, it coot more than the local bidder cant. MOTION$ Councilman Measles moved, anconded by Councilman Rail, to table the Item till Sept. i, 1984 meeting. Motion posed unanimously by roll call vote. , 0-4 Ordinance 960-84 - Establishing Aneenoment fund - Sprucewood Glen - $227,000 Introduced under Consent Agenda. 0-4 Ordinance 961-84 - Amending KMC - Sign Code MOTION$ Councilman Measles moved, seconded by Councilman Ackerly, to Introduce the ordinance. Councilman wlae said there are a lot of signs in the City that are illegal. We do not know how Many, we do not know the scope of the problem. Mayor wagoner sold this has been before P&Z. Councilman wise sold he asked Administration to review, but he has not heard anything. Mayor wagoner sold the ordinance can be amended, It is important that we get something in offset. City Manager Brighton said if there are any specific problems, they can be addrosaad by Building Inspector Hackney. Councilman Ackerly asked If copies of the ordinance could be distributed at the Chamber of Commerce meeting. Notion panned by unanimous connect. C-6 Ordinance 962-84 - Amending Zoning Map - Lawton Aetna S/D i MOTION: Councilman Measles moved, seconded by Councilwoman Sallie, to Introduce the ordinance. VICE MAYOR MEASLES LOOK Tiff CHAIR, MOTION, Amendments Mayor wagoner moved, Seconded by Councilwoman Bailie, to amend the ordinance the let numbera 1-19 to 17-29 and lot numbers 1-24 to 11-24. Mayor wagoner explained, the City contacted FAA for relosue, they paid for platting, fie doers not mind a eonoervation �1 zone, the contractor ban field it could be oxpenalve to put ^ In water 4 cower there. fie .lueitioned the aUthorlty of P&t to refer to Rec. Come, after Council hao platted and oubsitted it to the Borough, Councilman Ackerly noted the people that applied should he notified that it has been strt-1t r'rr: rr:::ar•t: A1101191 1, 19114 Page ii r►monded. Land Manager Lahnhn expiolfind, thin has gone ort far about a year. About 16 autos In Involved. The otrip an Lawton wan ianod riots ldentlot , Thn Ran. Comm, recommondnn reranlnel the whole area for nonuorvation. 1feo. Oiroetor McGillivray explained, the floe. Comm, had a petition to develop a park in part of it, but they ru,lectod Lt. Mayor Wa:lonor ouggoated limiting the numhor (if permlty norms tho' read, tnero ohould fiat Ito a nownr line aarane the gullay far every lot. Publin Worku Director Kornello replied, the Cade prohibit" one line with a branch nut. VOTE, Amendmont (Pansed)i Yost Menolea, Monfort Wagoner, Aakurly, Battle Nat Hall, Wine VOTE, Main Motlan an Amended (Peaond)t Vest Manatee, Itonfor, Wine, Wagoner, Aakurly, Bailie Not Hall MAYOR WAGONER RFgU MFG THE CHAIR, C-7 Olnousolon • L ootio Application - Parker A Black - FOO S/O MOTION$ Counoilman Wine moved, seconded by Councilman Aakurly, to approve the application sub act to the riven canditiona as listed in the memo dated July 26, 1904. Motion panned by unanimatin oannent. fl-8 McLane Proposal for Water & Sewer Engineering an Allak, McCollum, Cindereils, fox, Princens, Linwood Ext. MOTION$ Councilman Wias moved, seconded by Councilman Hostiles, to award the project to MoLone for $41,500. Councilwoman Bailie suggented the City consider more than one sower cut on large Into. In some cress the 'sidewalks have boon In and have had to he out. Public Works Director Kornelis explained, thin Posit boon considered, but there to no way of estimating. Mayor Wagoner rulad the dinouonlon out of order. Motion passed by unanimous connent. 0-9 Architect Gintoli Proposal for Onaign of Community Center MOTION$ Councilman Wise moved, ancondnd by Cauncllwomau Bailie, to accept the praponal from Architect P.intall and canoortlum, Including the .titntior decorator for $186#442. Counallwaman Monfor noted we have nothinq definite on funding the building. Councilman Hanaleo cold chancen are greater to get f ndir►q If they hotve to denign. Councilwoman Monfor anked, If we do flat get funding from the 5tate,will we puraae other weyB to finnnen? Mayor Wogoner sold yea, he wan promoting the City to pay for it, but after viewing other community funding", thay fait they ohould try the State. m 1 I v i I 1 i I I I I • � .. 1. 41�.;. , r. ,-V.. s,x _ - - __ - -- _- - - _—__ ._. _.._ r # iG+'.,r,�_f, :+fr, r> :i:•ifA.afi:tflit9 l i N A i i.i i t -;;.i;,;: AlIG11111 1 , 19114 Poge 14 VA U (Pn000d)I yens Not l, Moon lea, Motif or, Minn, Maganer0 Rallis Net Auknrly 0-10 Nolnon Proposal - lnapontion A iiurvaying - Lakin, Marine, Granite Pt., fB11, Main 4t. Loop M0110Nt Counollmon Minn moved, sacondod by Councilwoman Bailie, to approve the proponol nn submitted. Councilman Minn naked if thin won under the Davin/Bacon Act. Mr. Nelson replied, this will be Davis/Bacon wages. Councilman Mine sold nomo of our work has not horn done undor the Davis/R000n Ant. Atty. Rogers said he addrenand that when tie firat came to work hero, there hoc not boon any problem. Motion panand by unantmoutt vonaont. H. REPD1115 11.1 City manager City Msnagor Brighton spoke. e. No has revolved a request from MarkAir, inn, for airport terminal apoao - counter space, use of the baggogge halt and noeurity. It can be worked out with Adminlotrotion far no additionsi cost, they will requoot both available options. Councilman Mine asked If the Pity would pay for the counter. Mr. Brighton replied, the City has paid for all but one, that one was taken with them, b. Councilwoman Monfor asked, is Mr. Lowry's shopping center going ahead? finance Director Brown replied, he is on the delinquency list, so in Peninsula Development, lie will report at the Aug. 14 menting. Counoilwoman Monfor noted at the July 18 meeting, it was reported he was delinquent on Sprucowood Glen. Atty. Rogers notd rounail gave him 90 days from data of delinquency. Finance viravtor Brown noted that woo Mr. Partee. a. Councilman Menalse asked, what It; the status of the bowling alley? Land Manager Lobahn replied, the development schedule asyn subotsntial completion by Sept. 1994, He will contact them, Thera to a problem with delinquenoy an that account. tl-1,b (aontd) i Land Manager Labahn nold, regarding Lowry A Partee. Adminlstretrion ha►► aont a letter regarding the 90 day deadline. the 90 dayo wao up this data, they have not heard from them. lhla will on to Atty. Ragout, Aug. 2. d. Councilman Heaaloo onknd about the P,riziloy Aircraft toaoe renewal, contingent on improvements being made. He ban stopped the work. Land Manager Lebnhn replied, they have ordered materials, No will advioa them of the deadline, -vifm�www.reUw%.+KFt.,n�r• �+w�r+w,Wai Kt.NAI 1:1IV 1:11UNCIL A1151161 1, 1984 Page 14 H-2 City Attorney Atty. Roger* upoka. a. Regardinn, Info Item 019 in the packet - Enoter letter rogardinq inoranns in royalty goo price. If Enstar acquireo KIISCO the City may he included in the 4nonsaments, about $25 Million, The surcharge against Enotar quo unors will be $10 per person. b. Regarding info Item 020 in the packet - Request from Sandra Oaniele for extension for bond acquisition, airport bar Inoue. the City has the required two month's rent 012,000) pluo the 1st month's rent. He will allow the extension, with Council approval. Council took no action. c. Regarding Info Item 022 - tarp, handbill and litter ordinance. He to still working on this, it is just for Council review. d. Cable TV. federal legialstion is moving along that will allow a franchise fee. He will have a model franchise ordinance soon. There is court ruling that diminishes the power the City can have over Cable TV if these is a State PUC organization. e. No and City Manager Brighton conferred with Union Oil people in Los Angeles. Its had hoped for written documentation relative to our long term gas needs. No would like a commitment now while we are in front of PI1C since Enstar is trying to extinguish the KUSCO contract. It was the City's desire for them to give us something to go to PUC. This would bolster our argument if Council w1oheu to take it back in 1907. 14-1s (contd)i Councilman Measles asked if Mark Air would be flying outside the State. Airport Manager Ernst replied they are proposing 3 flights to Prudhoe, 2 from here and one from Anchorage. They are lookinq at the Pitts' rsrgo space. City Manager Brighton suggented approval of application subject to another airline coming in, they would have to relinquish. Council agreed to the suggestion. H-3 mayor Mayor Wagoner opoke. a. Ne recommended Too Wright for the vacancy on the Recreation Commission. Council agreed to the recommendation, b. The Energy Committee, This woo formed, but has never not. He proposed disbanding the committee. MOTIONS Councilman Ackerly moved, seconded by Councilwoman Dallis, to disband the Energy Committee, Motion peon -Rd by unanimouo convent. e. He reques►.ed the Clerk schedule for the Sept. 3 meeting, establinhinq a Transportation Commloolon, consioting of the Harbor Commission and Airport 'u KENAI CITY COUNCIL AUGUST 1, 1984 Page 16 Committee. He asked for Council euggoationo an thin commission. l d. He would like to schedule work oeuoions regarding capital improvement projects, with public input. Hs asked that thin be added to the Aug. 7 work session agenda. e. He naked that Resolution 84-18, regarding a City Hint -permanent fund be placed on the Oct. 2 ballot. f. He requested PBZ, Beautification Committee and Council have a work session Aug. 8 at 6s00 PM to discuss the proposed landscaping ordinance. g. The Cemetery Committee. Councilwoman Bailie proposed Tim Winniewski - chairman, Jemea Hiober, Councilwoman Bailie, and Councilwoman Monfor. Council agreed to the proposal. h. There are barricades on Sth, where the land fill wee ' created. The sweet sweeper dumped material that needs , cleaning up. The barricade does not keep people out. Public Works Director Kornalis explained, it was not i put up to keep people out, but for visual protection a ..•-...,,:.�,,,--ra',r 'i±F�t<r " w.+vn driving there. J Councilman Aekerly asked about the barricade on Beaver y Creek. Public Works Director Kornelis replied, those are State barricades. H-4 Clerk Norte H-i finance Director - ' Nona H-6 Planning h Zoning None r - H-7 Harbor Commission None ,....•. 4? - :o.,.r. H-8 Recreation Commission Mayor Wagoner sold the TANS engineer will be here at 9sO0 AN, Aug. 2, 1984 regarding design of the bulkhead y in the dock facility. H-9 Library Commission None 1 I. PERSONS PRESENT SCHEDULED TO BE HEARD a. Atty. Rogers. There in a request to waive the bond on the Automatic Teller Machine in the airport terminal. It is self -standing and does not require a wall. If Council wolves it after the bid is awarded, there may be a question if some would have bid without a bonding requirement. the bond is S10,000. - u REMA1 city rn�iurri AUGUST 1, 1984 Page 17 MUTIONs Councilman Niae moved for approval of the waiver. Motion died for look of a second. No action was taken on this Item. b. Councilwoman Monfor asked, how to the Welcome to Kenai sign coming Rlnng4 City Manager iirighton said he would check on it. ADJOURNMENIs Meeting adjourned at 1200 AN. — Janet Whelan City Clerk rl.��_, yr, rN•....." r f. r ' � I .f.�sr�r�+AYr�la'uw�Mh•wirrrrj;t,�:� f" ,y ! t i Y i ! 3 � s b { N ` /' f� PHOTOGRAPHY for INDUSTRY � BLACK AND WHITE 0+0'( • --%'� � for • Annual Reports • Advertising tR i • Company Publications t •l r 011 & On Indullry loonllon Pholooriyh. 1964 on MsIpnmom Dom06Hn 6 For4a Pho Cit+l o: ron-U, Mr. :Jill :3riThton, City Mnn�r•or, tinR The City Councils Aeftr Pri on4a s Our now lirnort Pormi s•al builAin • in a roil credit to tho �i ty, ,%nn the inaie.e Jo vor;I officiontl;I Ina tttrictlivily trrinro. .;'',uttful )hi to- •r.oho rloeor�to tha w%liss, r7nronontin'- the r arettian-tl ,rota on the rnninnuit n.nrl acronn tha Inlet, the nri,.lto ooin'• aua-111er b*j vnrioun �,ivlrmm��stti i *noan* ftrevor, ,you havo nothinr; in the •n1.y of w,%ll tleoor'ttion which eo,lla %tton- tion to the v^.rioun int?untrinn in the ronti tron,, which uoulA bra v'+1,1tb1'1 iztorm- ation to i%uiennrorn irrivin'; on the n't1y 0ii1V flirhtn to tin Mrnort. 3omo timo rtto I mtdo -,n orzl )ro•)oa•tl to the council roair-lint- ml inr; ouit!tblo ihotot rmDhic mints for thin otir-roeo, !thick htin ui) to nosy roeoi fad no Aoeioion. I ahoula li:o to rtve:! thin nritto•s 7r0000-tl now, ills followas ^StlrV"IrP:3s Commercial Uinhimr, •s• print ahostinr! fi•shin,;; tloot ontoriw! •nouth of lenzi rivor; or jro- o�rsein� Oil Z; fla,rs a•+ srt it zoo ring; the 'forth toio 'nrluatri,a tra,,, I' from thn 'tir, or , !r:m, tic )iotori el vio:1 of till ' iroconnin,- tn;t%1ro, or art nil-p;a ;r311 rrillin7 ri- ... r' et 1? r' :l .B11,71 10'3 0 I)ovolnnalsnt •+• •lrtzt zhivint; 1n ill-nvir vsrt'tl view of the ri t;r of ron-a, or of ts:ry City ltr•rort f1l(A li tt on ... I nlr7^�y h ve or rrtn nn thenrs fj!,b.joct3 from which T a•sn h•avA r160 un, in *chi-3ition-u:ltty, 1'r'•9 nr1-%to ithich nln bo nit1t,01.,1 for t-1e nurloaA. Prints anti bi 11) 1nt ravuiro Primed, brain" ioiritnd on lo'tVy flZrfonite :taieh 0•.1 bra ?rnn-st�.n�1i1:, from Willi Itmil'sr to t',? roCrettten- zl t:l?o 1rt'it4 nn#4 ran "111111f. ... "IT1,11 'i•f't 1411 1rnnnztl ••ntlr cnn•si^nrlttn�t. Z :rill Aine,vii •1ri con or n+,b yr Ant^,t 1,! ! t '.r�1'!r enggf1 li "nCR. :J l •� 1'1 ':en9.i niece 19"MI !� r� 1 1 �rr 3,. t PAYMUT8 OUR 01.000.00 WHICH NV90 COUNCIL APPROVAL ON RATIFICATION 8/15/84 ,,� VLNUuN OF,OCNIPTWO AY,PARTMY,NT AMOUNT AMOUNT YuR APPRoVAI, 110118 FOR RAT VICAT pOff Mar Crulls AuBast Medical Insurance Various iloalth Irteurancn 18,660.10 Jsly Retirement Various Retiroeent 35,77).16 lot Nntlnn,il Bank of (hicaly) Natural Gas Central Treasury Trust Account 4,183.0 Union 'lit Cn, of Calif. Natural Gas Central Truasnry Trust Account 4,10,79 M81terr i, Olson. Inc, tnauranCu Hon-Oupt. Insurance 40,671.50 lul Yed,ral bank Ropo 7-31-84 Central Tronsury Central Treauury 1,150,000.00 11.5X �I MIA T-bill 8-9-114 Control 'fruaaury Central Treasury 9U1,131.71 12,IX f I R� 4 ' s- ;r REQUISITIONS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL 8/15/84 VENix N DESCRIPTION DEPARTMENT ACCOUNT AMOUNT ynM A14'ItnYN. Warning; Lights of Ala•:ka Airport Parking Signs Terminal Parking C.P. Construction 5,083.00 Penillfll/la Fence Co. Airport Parking Fencing Terminal Parking C.P. Construction 6,454.00 Caro. -It Cintoll Printing Plans 6 Specs Police Addition C.F. Engineering 3,030.40 Tfm's Janitorial Annual Janitorial Council on Aging -Borough Janitorial 3,960.00 Yakfs) Oftio'e Supply Copier Recreation Machinery 6 Equipment 2,000.00 Kenai Veterinary Clinic Annual Treatment Animal Control Professional Services 1,200.00 Peter O. Hansen, M.D. Annual EMS Advisor Fee Fire Professional Services 6,000.00 t 1 - I r { i I f L , i �o j r U 1 i ( 1 r I Suggested by: Administration CITY OF KENAI ORDINANCE NO. 963-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KMC 23.05.010 TO PROVIDE FOR NON-DISCRIMINATION TO HANDICAPPED INDIVIDUALS REGARDING CITY EMPLOYMENT PRACTICES. WHEREAS, Federal Revenue Sharing regulations require that the City not discriminate against the handicapped regarding employment, and that the City state their non-discrimination practice in its personnel regulations. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as followss Section 1s That KMC 23.05.010 be amended as follows: Employment -Qualifications and Fitness: Employment in City Government shall be based on qual f cation and fitness, free of personal and political considerations, with equal opportunity for all with no restrictions as to race, color, creed, religious affiliations, or sex. It is a policy of the City to not discriminate against the handicapped in employment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 1984. TOM WAGONER, MAYOR ATTESTS Janet Whelan, City Clerk First Reading: August 15, 1984 Second Reading: September 5, 1984 Effective Dates October 5, 1984 1 I j ' YJ 0 /' Gr_y Suggested by: Administration CITY OF KENAI ORDINANCE NO. 964-84 i AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, j INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE ALIAK, McCOLLUM, CINDERELLA, FOX, PRINCESS, AND LINWOOD EXTENDED CAPITAL j PROJECT FUND BY $650,000 AS A RESULT OF A GRANT FROM THE STAtL OF ALASKA. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $650,000 for water and sewer improvements, _ and V WHEREAS, the City Council desires to use this money for water and sewer improvements of the above -mentioned project. f NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Aliak, McCollum, Cinderella, Fox, Princess do Linwood Extended Increase Estimated Revenues: State Water h Sewer Grant - 1984 $650,000 Increase Appropriations: Construction $650,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 1984. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: August 15, 1984 Second Reading: September 5, 1984 Effective Date: September 5, 1964 v Approved by Finance: U17 0 Suggested bys Administration CITY OF KENAI ORDINANCE NO. 965-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE POLICE ADDITION CAPITAL PROJECT FUND BY $8140000 AS A RESULT OF A GRANT FROM THE STATE OF ALASKA. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $814,000 for a Police Department Addition. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as followss Police Addition Capital Project Increase Estimated Revenues s State Grant - 1984 $814,000 Increase Appropriationss Construction $814,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 1984. TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Reading: August 15, 1984 Second Reading: September 5, 1984 Effective Date: September 5, 1984 Approved by Finance: r SuyyGuicu by; numiniuLraLion CITY OF KENAI ORDINANCE NO. 966-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE LIBRARY ADDITION CAPITAL PROJECT FUND BY $168,586 AS A RESULT OF A GRANT FROM THE ALASKA STATE LIBRARY. WHEREAS, the Alaska State Library has awarded the City of Kenai a grant in the amount of $168,586 for library construction. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Library Addition Capital Project Increase Estimated Revenues: Library Grant $168,586 Increase Appropriationss Construction $168,586 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 1984. TOM WAGNER, MAYOR ATTEST: Janet Whelan, City Clerk i� First Reading: August 15, 1984 Second Reading: September 5, 1984 ? _ Effective Dates September 5, 1984 sI Approved by Finance: , k L. 6 I / _ Sunneat�ri h:•a Arlrt:iniatratinn CITY OF KENAI ORDINANCE NO. 967-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING REVENUES AND APPROPRIATIONS IN THE FEDERAL REVENUE SHARING FUND BY $409069. WHEREAS, the Council of the City of Kenai has reviewed requests from the City Administration for appropriations of Federal Revenue Sharing Monies, and WHEREAS, determination has been made concerning the desirability of and the need for the purchase of certain assets and supplies for the City, and WHEREAS, adequate funds are available in the Federal Revenue Sharing Fund. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Section 1: The 1984-85 annual budgets of the City of Kenai be amended to include the items in categories as listed on Exhibit A, which is attached and made a part of this ordinance. Section 2: Estimated revenues and appropriations be increased as follows: Federal Revenue Sharing Fund Increase Estimated Revenues: Appropriation of Fund Balance $409,869 Increase Appropriations: Transfers to General Fund $172,246 Transfers to Council on Aging - Borough Fund 23,513 Transfers to Water and Sewer Fund 202,210 Transfers to Airport Land System Fund 11 900 09 869 General Fund Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund $172,246 ,Z) 7� /f Ordinance 967-84 Pane 2 r , Increase Appropriations: Police -Machinery & Equipment $ 36,150 Fire -Machinery & Equipment 15,000 Fire -Repair & Maintenance 6,000 Public Works Admin.-Mach. & Equip. 3,500 Animal Control -Mach. & Equip. 2,900 Animal Control -Small Tools & Minor Equip. 2,300 Animal Control -Buildings 13,000 Animal Control -Improvements Other Than Buildings 700 Animal Control -Salaries 12,250 Animal Control -Workers Comp. Insurance 750 Shop -Machinery & Equipment 4,300 Streets -Repair & Maintenance Supplies 1,400 Streets -Repair & Maintenance 359000 Streets -Improvements Other Than Buildings 14,000 Building Inspection -Machinery & Equip. 12,000 Recreation -Machinery & Equip. 39838 Recreation -Small Tools & Minor Equip. 4,384 Parks -Machinery & Equipment 4,285 Parks -Small Tools & Minor Equip. 489 Total General Fund $172,246 Council on Aging - Borough Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund S 23,51 Increase Appropriations: Machinery & Equipment $ 22,673 Repair & Maintenance 840 Total Council on Aging -Borough ULM Water and Sewer Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund $202,210 Increase Appropriations: Water -Repair & Maintenance $ 26,000 Sewer -Machinery & Equipment 141,360 Sewer Treatment -Machinery & Equipment 34 850 D2 2 0 Airport Land System Increase Estimated Revenues: Transfers from Federal Revenue Sharing Fund S 11,900 t r-- - 'r Ordinance 967-84 9 Page 3 Increase Appropriations: Airport Land -Small Tools & Minor Equip. $ 100 Airport Land -Machinery & Equipment 80850 Airport Land -Repair & Maintenance 1,550 Airport M&O-Repair & Maintenance Supp.-1_z400 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day j' of September, 1984. j TOM WAGONER, MAYOR ATTEST: Janet Whelan, City Clerk First Readings August 15, 1984 Second Reading: September 5, 1984 Effective Dates September 5, 1984 Approved by Finances wr • J I /' EXHIBIT A Description of Federal Revenue Sharing Appropriations: Fund/Department General Fund/Police It it /Fire to it /Fire to or /PW/Admin of of /PW/Admin It " /Animal Control of " /Animal Control is " /Animal Control of " /Animal Control is " /Animal Control of " /Shop to " /Shop " " /Streets it " /Streets " " /Streets of " /Building Insp. is " /Recreation to " /Recreation to " /Recreation " " /Recreation /Recreation /Recreation " " /Recreation " " /Parks " " /Parks Airport/Airport Land " /Airport Land " /M&0 Water & Sewer/Water to to /Sewer " " /Sewer " " /Sewer o n /STP /STP " " /STP Senior Citizens Center /1 go Item Amount 2 Patrol cars 36,150 Repaint engine fit 6,000 Small truck 15,000 Mylar storage file 2,400 Tube plan storage file 1,100 Cat cages 1,600 Dog capture traps 700 CO euthanasia chamber 2,900 Renovation and addition to animal shelter 26,000 Drop off kennel run 700 2 reels and hoses w/dispensers 1,800 Jenny steam and pressure washer 2,500 10 tons CSSI (1/2 streets & 1/2 airport) 1,400 Repair sidewalks, curbs and gutters 35,000 Fencing for plant test site 14,00' 1/2 ton pick-up truck 12,000 18 exercise mats 2,500 Carpet scrubber w/brushes 2,138 Freezer 700 Refrigerator 1,000 2 ping pong tables 1,000 6 folding tables 474 Wall mirror 410 Lawn sweeper 489 Sprinklers and hose 4,285 Chair 100 Computer system, software and maint. 10,400 10 tons CSSI (1/2 streets & 1/2 airport) 1,400 Pump replacement and repairs 26,000 Water jet truck 135,000 Mini water jet 4,360 Sewer jet auger 2,000 Blower and motor 30,000 Opto vam units 4,300 Vam CB test set 550 Twelve passenger van 15,500 Communications system 7,173 One year building security 360 One year repeater fees 480 40� 8 " I j I f CITY OF KENAI 210 PIDALGO KENAI, ALASKA 09611 T&EPNONE 283 - M5 August 7, 1984 MEMORANDUMS TO: City Manager FROMs Sandra Parnell SUBJECTS Federal Revenue Sharing The following requests have been submitted by the various departmentss don•Oenartmental REQUESTED RECOMMENDED (1) Xerox 3100 coin -operated copier $ 2,735 $ 0 (2) Ventilation openings -City Hall 5,000 0 TOTAL FOR DEPARTMENT $ 7,735 $ 0 Police Oenartment (1) Two fully equipped black and white patrol cars 36,150 36,150 TOTAL FOR DEPARTMENT $ 36,150 $ 36,150 Fire Oeoartment (1) Repaint engine p2 6,000 6,000 (2) Portable monitor w/mount 2,000 0 (3) Overhead transparencies 2,000 0 (4) 6" butterfly valve 900 n (5) Lawn mower 550 0 (6) Four sets bunker gear 1,160 0 (7) Small truck 15,n00 15,000 (8) Centrifugal pump (PTO) 1,600 0 TOTAL FOR DEPARTMENT $ 29,290 $ 21,000 Public Iforkl ftinistratimp (1) Myl3r storage file 2,400 2,400 (2) Tube plan storage file 1,100 1,100 (3) Desk and chair (maintenance man) 650 0 (4) Telephone installation (maintenance man) 10n 0 (5) Miscellaneous small tools (maintenance mars) 300 0 TOTAL FOR DEPARTMENT $ 4,550 $ 3,500 a Ao Mal Control Rl: I 11L'i 1 C 0 Rf; t; l(f4t4fN0F:1) (1) Four 2411 9 2411 rat ertslrso 1,600 1,600 (2) Four live capture do(; traps 700 700 (3) CO euthAnasila cha«bor 20900 2,900 (4) Renovatloo and addition to Animal Control Shelter 260000 26400 (5) Net water preoauro weeher 11950 0 (f) Fame repair 3,000 0 (7) Drop off kennel run 700 700 TOTAL FOR DEPARTMENT $ 37,650 $ 31,900 ma (1) Two room and hnnon w/d l epenoera 1,000 1,800 (2) Denny steam and primoure waoher 2,500 2,500 TOTAL FOR DEPART14ENI $ 4,300 $ 4,300 atuta (1) Loader mounted ersowt)lowov 7tt,000 0 (2) Ten tone of C401 ($2000, 1/2 atreeto and 1/2 airport) 1,400 1,400 (3) Repair of eidewolka, curbo and guttero 35,000 35,000 (4) Fencing for plant tout nito 14,000 149000 TOTAL FOR DEPARTMENT Bulldirtn inseeotion $128,400 $ 50,400 (1) 1/2 ton pick-up truck 12,000 12,000 TOTAL FOR DEPARTMENT $ 12,000 $ 120000 (1) Microfiche copy of Kenal Coranunity Literary ho ld l aria 5, 000 0 (2) Microficho reader Wholder 1,000 0 (3) Sign 2,000 0 (4) Pernonal computer 31600 0 (5) dooke 3,000 0 TOTAL FOR DEPARTMENT $ 14,600 $ 0 2 I -- _.= ryas dd 3- f2i'I�UF"!>11:1) RF Cf1MMF:NOfa) ^� Parke wA Rrrerrmt Inn (1) Eighteen 4' X 8' exurcine mats 2,500 2,5U0 (2) Rotary carpet scrubber w/brllalmo 2,130 2,138 (3) Freezer 701) 700 (4) Refrigerator 1,000 1,000 (5) Two ping pang tables 1,n0O 1,000 (6) Six pedestal folding tablea 474 474 (7) Twenty-four stacking chairs 1,800 0 (8) Carounol refrigerated vending machine 4,000 0 (9) 6' X G' wall mirror 410 410 (10) Clark H/D vacuum 1,116 0 (11) Tunturi stationery bicycle 550 0 (12) Lawn swooper 409 409 (13) Three H/D sprinklers w/900' vinyl hone 40285 4,285 TOTAL Airoort Land FOR DEPARTMENT $ 20,462 $ 120996 (1) Deek chair 100 100 (2) Burroughs computer system, software and maintenance 10,400 10,400 TOTAL Aireort FOR DEPARTMENT Nd�fl $ 10,500 $ 10,500 - (1) Tan tons CSSI ($2800, 1/2 ntroets and 1/2 airport) 1,400 1,400 TOTAL FOR DEPARTMENT $ 1,400 $ 1,400 �t (1) Wall houuo wall pump replacement and repatrc 26,000 26,000 (2) Underground locator ($4800, 1/2 water and 1/2 cower) 2,400 0 TOTAL i FOR DEPARTMENT $ 28,4OU $ 26,000 i I (1) Vacuum and power water jet truck 135,000 135,O0f) (2) Mini water jet 4,360 4,360 (3) Sewer jet auger 2,000 2,000 i (4) Underground locator ($4900, 1/2 water and 1/2 newer) 2,400 0 I TOTAL FOR DEPARTMENT $143,760 $141,360 3 j` 'nrRr r-DTP' iRt-n.Ii /Tiri"i-t(i". T:,. n�a-.0 ., •r•n+-. .. - - A r HE (Airs T F.0 J� 1 RCCO"CNDE D fimr_. Treatment Plant — I (1) Spencer centrifugal blowov and motor 30,000 30,000 (2) 0ently-Novado opts vam units /4,300 4,300 J (3) Vsm C8 test oat 550 550 J1 TOTAL FOR DEPARTMENT $ 34,050 $ 34,850 Senior Citizens Center (1) Twelvr, passenger van 15,500 15,500 (2) Communicatiwro system 7,173 7,173 (3) Ono your building nec urity 360 360 (4) One year repeater fees 480 480 TOTAL FOR DEPARTMENT $ 23,513 $ 23,513 r Funds Available: ! At 6/30/84 $ 030,622 Expected Oct, 1984 receipts* 129,262 Available 5 Total amount requeated 53 Total amount recommended 0 A6 r +► End of current entitlement period 4 KENAI POLICE DEPT, P.O. BOX 3173, KENAI, ALASKA 00811 TELEPHONE 283.7879 TOt Charles Brown, Finance Director PROMt Richard Ross, Chief of Police SUBJECTS Revenue Sharing DATE: 6/13/84 Request: The Police Department requests that the following itmes be conoidored for purchase with revenue sharing funds; Two each Patrol vehicles for initiation of a home car program. Total equipment cost for purchase and equipping of units is estimated ats $36,150. Budget Breakdown 2 - black & white patrol. cars $25.000 2 - radio - siron packages 5,500 2 - light bar b speaker packages 1,200 2 - shotgun 6 electro locks 850 2 - Rangemaster radar units for permanent mount in vehicles 3 600 1 Justifications This will fully equip two patrol units which are necessary to implement a take home car program within the city. This is a proposed project to increase the perception in the community of a police presence. The proposal is a direct !!. result of the lack of available manhours for patrol due to the increased activity load of the agency. A preliminary policy and statement was submitted to the City Manager during FY85 budget sessions. A finalized policy of implementation will be submitted for review by 7/1/84 for consideration with this proposal. RAR/lo ccs Bill Brighton, City Manager J II r I i I 1 4 i Ir , I 1 K1 j' M j P.O. BOX 3173, KENAI, ALASKA 09811 TELEPHONE 283.7879 June 27, 1984 TOs William Brighton, City Manager PROMS Richard Ross, Chief 0 !%e- SUBJECTs `rake Home Car Program Res Revenue Sharing Request Attached are the proposed peroonnel rules concerning the off -duty use of a Take Home Car. This should be attached to the Revenue Sharing request on this matter which was submitted on 6/13/84. ccs Sandy Parnell Acting Finance Director J 1 I ■ CHAPTER 301 TAKE, HOME, CAR PROGRAM SEC 301.010 Purpose of Program a) Increame the visibility of the department thrmiahrnit the City of i Kenai. b) Provide a deterrence for traffic offenses and criminal activity, and an increased perception of a police presence. c) Provide for capability for violator contact when an off -duty officer observes an offense, or is notified by dispatch of an offense in the immediate area of the officer. SEC 301.020 Criteria for Use - Off Duty a) Operation of the vehicle is restricted to Kenai City personnel. i b) Take home vehicle will only be assigned to those officers residing ' within the City of Kenai. It may only be operated outside the City of Kenai under the following circumstances: , 1) In the course of conducting city business. J 2) Incidental travel, not to exceed five miles from the city, when the primary purpose of the travel was in the course of city business (i.e. going to Glacier State on personal business ' while enroute to or from court). c) Routine transportation of family members is discouraged. It is , permitted where the transportation of a family member is incidental to other activity (i.e. dropping a family member elsewhere while enroute to the department, court, etc.). i d) The vehicle is not to be used for recreational purposes (i.e. fishing, movies, bowling, etc.). In addition the vehicle is not to be used in conjunction with the purchase of alcohol, or for transportation to premises where alcohol is to be consumed. In an off -duty situation it is not to be parked in front of premises where alcohol is served. SEC 301.020 Officer Responsibility a) An off -duty officer operating the take home car is on public view and must conduct himself accordingly. The officer must be in clean and presentable attire while operating the vehicle. b) Policies prohibiting the consumption of alcohol prior to and while on duty, also apply to the off -duty officer operating a take home car. c) An off -duty officer operating a take home car must go in and out of service and monitor the radio during operation. The officer will not be subject to anything other than emergency dispatch during this time. If the officer receives such a dispatch, response is required. In this case, as well as in the case where the officer initiates an enforcement action, compensation for time will be forthcoming. !I CITY OF KENAI ����i �/i .•: 1 l ,.vu ca""" "(! Rz"kd 210 FIDALOO KENAI, ALASKA OU11 TELEPHONE 263.7535 August 2, 1984 MEMORANDUM I To$ m. J. Brighton, City Manager FRO141 Jeff Labahn, Land Manager j REs 1984-85 Revenue Sharing Requestj Revised Amounts for Computer Terminal Workstation i The following revised amounts correspond to the Burrouqhs 821-6 computer terminal workstation requested for the Land Managers 821-6, 512 K8 6,300 Maintenance Agreement (On -Site) 1,249 89252, 150 CPS Printer 1,295 Maintenance Agreement (On -Site) 292 Software 500 Shipping 200 Miac. hardware and software accessories and equipment 500 TOTAL COSTS t�3-S, � The previously requested computer terminal workstation was based upon an inter -tie system with the Finance Director's computer and printer hardware. The Finance Director and 1 recommend that an "independent" system is preferable to a terminal tie-in because of the limitation of memory, accessibility of computer time and printer capability. JL/dg ces Finance Director J 4 . 1 I j 1 J /"- 0 Q bucfyoated by: Administration CITY OF KENAI ORDINANCE NO. 968-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE AIRPORT MAIN APRON EXTENSION CAPITAL PROJECT FUND BY $2,750,000 AS A RESULT OF A GRANT FROM THE STATE OF ALASKA. WHEREAS, the State of Alaska has awarded the City of Kenai a grant in the amount of $2,750,000 for extension of Airport ramp apron and taxiways. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA, that estimated revenues and appropriations be increased as follows: Airport Main A ron Extension Increase Estimated Ravenuess State Grant-1984 $2.750.000 Increase Appropriationss Administration $ 2,000 Inspection 328,000 Construction 2,200,000 Contingency 220,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 1984. TOM WAGONER, MAYOR ATTESTS 3snet Whelan,, City Clark First Readings August 15, 1984 Second Readings September 50 1984 Effective Dates September 5, 1984 Approved by Finances a , 0 /f , i Q V'� E Suggested by: Administration CITY OF KENAI ORDINANCE NO. 969-84 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, .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, certain lands have been authorized by the Federal Aviation Administration for lease or sale for non -airport purposes by the City of Kenai, and WHEREAS, Lots 1-16, Lawton Acres Subdivision are not required for a public purpose, and WHEREAS, there is interest in purchasing this property for private development purposes, and NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1: The described City -owned land is not needed for a public purpose and shall be made available for sale: Lots 1-16, Lawton Acres Subdivision PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of September, 1984. TOM WAGONER9 MAYOR ATTEST: Janet Whelan, City Clerk First Reading: August 15, 1984 Second Reading: September 5, 1984 Effective Dates October 5, 1984 �r- i l i I I CITY OF KENAI pp R- e � � V" V 1��Wi Ott r-V�w 210 FIOAL00 KENAI, ALASKA 00111 ---�- ~ - TELEPMONB 211.1181 MEMORANDUM TO? Mayor and Kenai City Council FROM: Jeff Labahn, Land Manager SUBJECT? Ordinance 962-84 (Substitute)- Rezoning Lots 17-29, Lawton Acres Subdivision DATE? August 10, 1984 The Council introduced Ordinance 962-84 on August let and subsequently amended certain lots to be rezoned within Lawton Acres S/D. The substitute ordinance reflects the intent to rezone only Lots 17-29 to Connervation district by adding the sixth "whereas" statement and amending the lot references in the title and section 1 of the ordinance. l I i j 1 - - - lip, , 00,67" L ro A /F Tic. &0 ' �01-rt az 3 J 13 U �iD aN NAP 21 ;Les '7L rR KE do got 'I* R S. lk. ow af*; 1 Suggested by: P & Z Commission I CITY OF KENAI ORDINANCE NO. 970-84 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING THAT PROPERTY KNOWN AS PARSON'S HOMESTEAD TO SUBURBAN RESIDENTIAL (RS) DISTRICT. WHEREAS, KMC 14.20.280 entabliahen a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, a petition has been received from Stanley S. McLane and Ruth A. Parsons to rezone a tract of land known as the Parson's Homestead from Rural Residential (RR) District to Suburban Residential (RS) District, and WHEREAS, the Kenai Advisory Planning and Zoning Commission has conducted the required public hearing on August 8, 1984, and WHEREAS, the Commission recommended approval of the rezoning petition in accordance with Resolution No. PZ84-71, and WHEREAS, the proposed amendment to the Official Zoning Map is consistent with the Kenai Comprehensive Land Use Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Official Zoning Map of the City of Kenai shall be amended as followss Section 1s Subject property consisting of 148.7 acres located within the SW 1/4 Section 30, T4N, R11W9 S.M. is hereby rezoned to Suburban Residential (RS) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 5th day of Septembor, 1984, ATTEST: Janet Whelan, City Clerk TOM WAGONEK, MAYOR First Readings August 15, 1984 Second Readings September 5, 1984 Effective Dates October 5, 1984 i ;+' 1 RESERVATION ' li r I �i 1 - I i .1' �tI r!Q a • I 1 i lI it . I I• E r � 1 � t i . L a 014 n a 1 1 I 1 THIS oROPBs;•1'Y I KUlal _ rnr COOK INLE T 1 I VICINITY MAP SCALE I": I mild DwT i N_P12W RIIWt25 Sb0 5 890 54 4 1" [ 25214b S 1eN / a � :�Nt2W ROW o N I 1/4 r C 1/4 40 N 525 1 $30 } I 'y49 '4b SE6 SO , W �0 •y�� g ,ee 9529 17 W 1/• s So � b t9 M �9S OI Ny.` �N �rpi0►rrM\ O •� / t1 I O J. J0 9vt I 0+ 2` BASIS OF 8 ARING OLD DATUM C7.CTIOr1 S), N, r11N. SrA,AK J r r� KENAI PENINSULA BOROUGH x44UN 1NU AVeLIL Al LUN DATES June 12, 1984 , PETITIONER _MS?0faane and Associates AND ADDRESSs flax.rt6_ 99669 PHONE NO: 283-4218 WRITTEN .�j • SIGNATURES: Stanle LOCATED WITHIN CITY S. McLane 6F: Kenai PRESENT ZONES RR PROPOSED ZONE: RS INTENDED USE AND/OR REASON FOR REZ014ING: water and sewer being ;provided This APPLICATION, MAP (indicating the specific area), and a FEE of $200.00 (payable to Kenai Peninsula Borough) must be sent to the appropriate official listed below: Homer Soldotna Seward Mr. Larry Farnen Mr. tour5777oyster Mr. o�rzini City Manager City of Soldotna City Manager City of Homer 11.0. Box 409 City of Seward P.O. Box 335 Soldotnz, AK 99669 P.O. Box 167 Homer. AK 99603 (262-9107) Seward, AK 99664 (225-8121) (224-3331) Seldovia Kenai Mr. Carl mire Mr. Wil e:n Brighton City Manager City Manager City of Seldovia City or Kenai P.O. Box 226 Y.O. Box 580 Seldovia,. AK 99663 Kenai, AK 99611 (234-7643) (283-7535) F R 0 /f - „7 le v G - MoLA 6 8 A69OCIA766, INC. - - � �—�.� i�i�i, CIVWIgCG�D, b6/MVCI1dIW ti Y1.M1V1VLfU I I LEGAL DESCRIPTION FOR REZONING APPLICATION 148.7 acres situated in the SWI% Sec. 30, T6N, R11W, S.M. AK (excluding approzimately 5.0 acres previously deeded by K.R.D. Bk. 55 Pg. 56) - This property is located on Redoubt Avenue and is made up of the re-mainder of Parson's homestead. See attached sketch. i V P.O. BOX 4B6 SOLOOTNA. AK 99BB9 907-2B3-4216 J "IJ ■ r (. 1 CITY OF KENAI � v w v w/vw�ry v/i i . vwr►vw 210 FIOAL00 KENAI, A(�LASKA 83611 TELEPHONE 283.7535 MEMORANDUM TDs Kenai City Council FROMs eff Labahn, Land Manager SUBJECTS Rezones SWl/4, S30, T6N, RI1W, S.M. - Parsons S/D - RR to RS DATES August 9, 1984 i '.� At the regular meeting of the Kenai Planning & Zoning Commission on August 8th, the Commission held a public hearing on the referenced rezoning. There was no public comment regarding the rezoning. Finding that the requested rezoning is consistent with other zones in the area, that the requested rezoning is consistent with the lot sizes proposed, and that Suburban Residential is the designated zone for City utiliites, the Commission approved Resolution PZ84-84-71 which is attached. ,I r I Si j1 i _ l t J' +3 , e + � s 9 1 I i J I .1 aI c; i iW ki.iVAi ADVISORY PLANNING AND ZONING COMMISSION RESOLIJI ION NO. PZ LZ j/ A RESOLUTION OF THE AD Y PLANNING & ZONING COMMISSIO TY OF HE KENAI RECOMMENDING PPROVAI. (HF) OF THE REQUESTED ZONING [ANI=. 41S&+ -AN-4NC•#f8M?N0 SU 1• TED BY ✓hSCJJ /I� � v ��y, (Applicant) �s FOR J/A) Y/JL JL - J0 T N, A —ell , s. e- (legal description) WHEREAS, the Commission finds the followings 1. The subject property is currently zoned 2. The present land use plan designation of the sub ect property is 3. The proposed LINING S ( ) for the affected property is 4. An appropriate public hearing as required has been conducted by the Commission on ., .: ,.s 4;- , q 9 5. That the following additional facts have been found to exists NOW, THEREFORE BE IT RESOLVED, by the Advisory Planning & Zoning Communion of the City of Kenai thmt,1he Vtitionrd RCLONING (LANI)-lISk�4'r11tr PAMENDItM) is hereby 17ECt18I1 1 NpF ( : ) to the Kenai City Council. PASSED by the Advisory Planning b Zoning Commisnion of the City of Kenai, Alaska, this P%�-4 day of �Zt„'�J�_ 19 r. Chairman ATTEST: / Planning Searetarry �- 8/84 it LnA:+.-A-tr_ �-� rl r• f. r .. LIT CItY OF KINAI CONSIN1 ►G A55IPNH1.NI the Anntgnmerit from KINAI 51EE1 BUILDING^i to PAIR, PRAII, doted Aliquot G, 1994, eovar ut(1 the P►llawtng.deaerfbed proportyi Lot 1f, Aloynaka 'Subdivioton Ili hornby ACKNOWLEDGED AND APPROVED, oubjer.t to the aamo terms and ctinotttona no cunfnlnad In the orlginitl Loaao abova-•deocrlbsd. Thin Conoent to given by the City of Knnot wlthouf, waiving any right or fiction, or rolooeinq the Annirinor from nny Iinhllity or reoponnibility ondor the oforomontlonod Lonon, and (loon not relieve Lite Aeoigneo from file condltlun roqutrinq the City approval for any asibooquont oubieano or oeitignmont, Am.-i Tri(jii on — City Manager STATE. Of ALASKA j )tin THIRD JUDICIAL DISTRICT ) TNIS IS To CERTIFY that on thin day of , 1994, NN, J. BRIGHTON, City Manager e%ihe City o ona , aska, being peroonally known to ae or havinq produced satiofoetory evidence of identification, appeared boforo me still acknowledged the voluntary and Authorized execution of the foregoing Instrument on behalf of sold city, o my u 5 rI—C W—AT—u0mr—� 14V Comoloolon Explreos 1i jfVl , 1 1 i I . w..r •wr.t ..a ..a .er.. ,., :. . a, --r- �_— " fltl RNIAS urr �rralM� CITY OF YtNAI , O rl,•O - - � 1. .lru sutra nqn )p lf>r I 1 to 1 i a i ! 44 i y a 1 f i � a � • A „ r r 9 j'p—A AIMIGNMI:NT OF VANE KIMAI BTE'EL BUILD MIs of Kenai, Alaska, hereinafter referred to nn the Aneignor, for TEN DOLLARS and for other valuablu considerations, do hureby assign and transfer to Paul Pratt, whono addroan in P.O. Box 650, Kenai, A143Y.n, hereinafter referred co an the Annignoo, all of its intorost in the below - described Lease, with the City of Kenai as Lonnors Lease recorded in Book Elise. 26 at Pages 221A-228As Lot 13, Aloyoska Subdivision, Piled in the Kenai Recording District To have and to hold tho samo from the date hereof for and during all of the remainder yet to come of the term of said Loaso agreement. Ili 41ITNESS WHERP.OP, the said Assignor has harounto sot hia hand and seal thin bth day of AutnTst , 1984. .f�(�Si:1fiT F�.�'UI; i wnar STATE OF ALASKA ) as. THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that before me, the undorsignod, a Notary Public in and for the State of Alaska, duly commianioned and sworn as suoh, personally appoarod RODERT B, OP.IILER, known to mo and to me known to be the idontical individual named in and who oxocutod the above and foregoing instrument, and who acknowledged to me that he signed and sealed the same as Ilia free and voluntary not and dead, for the ueos and purposes therein mentioned and sot forth. IN WITNESS WHEREOF, I have horounto not my hand and affixod by official seal, thin bth day of Mupsnt , 1984. H * 14PUBLIC Y01( ALAf My Commiaoion P.xpiross 2-22•1I11 �:J 1 Y MEMORANDUM G- -1 CITY OF KENAI 210 FIOALaO KINA1, ALASKA 119611 TELi1PKONS 213. 7536 TOs Mayor and Kenai City Council FROMs ePf Labahn, Land Manager SUBJECTS Vacation of Utility Easement - Keith Subdivision DATES August 10, 1984 The Borough Planning Commission has recommended the approval of vacating a 10' utility easement in Keith S/D near McCollum Drive. The adjacent lots are being replotted and a replacement utility easement will be established. There is no adverse impact upon the City of Kenai resulting from this action. Recommendations Statement of non -objection to the vacation of utility easement adjacent to Lots 162, Keith S/D. 9 JBLsj1 w �'M t- /-%t-,_ tl KENAI PENINSULA BOROUGH J� uVA QVu UV•.NV1.•N, n•.n Unn yyIby • PHONH 264 4441 $TAN THOMPSON ' • MAYOR S�r ")Ji4*4 sUL 1984July 24, 1984 City of Kenai j sox 580 Kenai, Alaska 99611 REs Vacation of. 10 ft. Utility Easement within Keith Subd., Section 34, T6N, R11W, City of Kenai Gentlemens In accordance with AS 29.33.220, no vacation of a city street ' may be made without the consent of the city council. This , vacation action has been tentatively approved by the Planning Commission, therefore, it is being sent to you for your consideration and action. The council has 30 days from July 23, 1984 in which to veto the decision of the Planning Commission. If no veto is received by the Commission within the 30 day period, the consent of the city council shall be considered to have been given to the vacation. Draft minutes of the Planning Commission and other related information are enclosed. Sincerely, .S, Best Planning Director I GSBsblr Enclosures IN, , 0 /' uppe ttittutea uuly 13' 198Z Page S oasis, nulat"ridge, Mt. 1. Sterling, ALUS ca Bald Nu does not tool that a new road should be constructed when a good travalway exists. Sam Bent explained to Mr. Bolstridge that the vacation does not mean a now road gill have to f.e connereeted. He explained that thr r:frrim? rr,�.i is not what was originally dedicated. The vacation is to dedicate tho existing road and remove the dedicated portion from the plat. Hearing no further discussion, the public hearing was closed. Mr. Lazar stated that the staff report should be changed to reads Subject to the Followings 1. Final approval and filing of plat showing ROW vacation and the new dedication of Trout Court and showing the existing travalway. OT10Ns Commissioner Brynon, seconded by Commissioner Butler, made a mot on to approve the vacation of Trout Court and incorporation of staff comments to the staff report. Hearing no further discussion. a roll call vote was taken and the motion carried unanimously. 4. Vacation of 10 ft. Utility Easement within Keith Subd., Section 34, T6N, Ri1W, City of Kenai STAFF REPORT STATEDs Purposes To vacate a utility easement placed in the wrong area as the result of the property line being located incorrectly. Public Notice was published in the Peninsula Clarion f ! 28 Certified letters were sent Comments have been received from Glacier State Telephone Company. They have no objection. No comments have been received from the Kenai Advisory Planning Commission. Findings of Facts 1. This vacation will clean up a previous error. 2. A utility eassment will be dedicated for this area on a now plat. Staff Recommendationss Approve the vacation of the utility easement on the saot side of Lot 2 Keith Subdivision. Subject to the followings I. Final approval and filing of plat showing the corrected property line and utility easement. 2. Plat Committee standard statements as set forth in KPB Planning Commission Resolution 78-6. NOTES The City of Kenai has thirty (30) days in which to veto the decision of the Borough Planning Commission on this vacation petition. END OF STAFF REPORT Mr. Cervantes read the staff report outlining the background and staff recommendations. Chairman Ernst opened the public hearing. Hearing no testimony, the public hearing was closed. MOTION: Commissioner Warfle, seconded by Commissioner Handley, made a mom to approve the vacation of a IO ft, utility easement within K41 th Subdivision Section 34. T611, RlIV. City of Kenai per staff recommendations. A roll call vote was taken, the motion carried unanimously. J in IM7 Plat K-1747 01 ow Wr of RICO „y - - - of .! P RM3a +-+� AREARL,RtAN /lf•fo lif•!lWkw its ESE VACATED. '$, (10 ft. Utility Lor Q 1 Lor f s Easement) i foods? •1 iis?• g LOT Lor 4 �° $ • ft.ea?" fl NOW i v Iasp � r II I core 1 cor a = � - ,� � f?ta�e" � I fssee" a�•. t OfA AVE t � fd aesir eiw 1! N (lIRY1'r/. ILIt ONw� j eLI O I LOr fo + :'9f1+ICstL C✓ C',""aryp a : 7Cul;:fl.'Ict 't •l�t�r 6t•►rI+ r•,.r .t • t rw[ e,nt•{ sr ,-t , rr, ^t01Y, •t .1 6U ft I„t .or•t ,I 1.11 •t ., ►.•.r •Ir, vttt/ftto—., Ocoee.##, *00,9• s.I�rrf�r •��uff,. $��.aa��.J�, D.tt..L�O� LIn�M KBIrH SUBDIVISION AltW L, AfMM I r/4/R AI/ me/of, 04, NOW, AN. L9014 ofSefflW1040 Lor fr Of steMN oi, TON, Row, 0.01 ALAH'A, WN?AINlNo 8.e0 A6rv[f. 4 fri 0A 4 f r/ct, oo, F—vidone, Ar VAN Q:A s IM. NO. Jul) 11, Wo ,' • Q9 Plat, K-1727 CITY OF KENAI 4/ s4Jrf l�� 210 FIVALOO KENAI, ALASKA 99611 TELEPHONE 2#3 - mo MEMORANDUM TOs Kenai City Council fRdMs ff Labahn, Land !danger SUBJECTS Concept Lease Applications Lands Adjacent to Lot 8, Blk 20, ' Kenai Townsite - for Parking - Swarner/O'Connell DATES August 9, 1984 i ,i•, At the regular meeting of the Kenai Planning Commission, the referenced concept lease application was reviewed. The following motion is passed to q you for your considerations NOTIONS Commissioner Bryson moved, seconded by Commissioner Smalley, to recommend approval of the concept lease application as described, reserving the utility easement approved by public works and establish a 10' pedestrian access easement along the easterly property line. i VOTEs Notion passed unanimously, i i In making the decision, the Commission reviewed a memo from the Parks b Recreation Commission which is attached. i i J1 J r August 8, 1984 MEMORANDUM CITY OF KENAI 210 ROAM KENAI, ALASKA 84811 TELEPHONE 283.7535 TOs Kenai Planning h Zoning Commission FRONs Kenai Parks 6 Recreation Commission SUBJECTS Lease Applications Lot 8, Blk 20, Kenai Townsite - Swarner/ O'Connell The Commission reviewed the referenced issue at their meeting of 8/7/84 as requested by the Planning Commission and request the following information be forwardeds NOTIONS Commissioner Bryson moved, seconded by Commissioner Wright, to approve the lease application as stated as long as public access to the path and the beach exists. VOTE s Notion passed with a vote of 3-2 (no vote sheet available) As there was no information available as to the relation of the path to the beach and the subject property. it is the intent of the Commission to ensure public access to the path which leads to the beach or requests the City provide another access point, whichever is deemed necessary. As to the lease itself, the Commission sees no problem. Forwarded at the request of Chairman Hultberg Janet Loper, Secretary • i i R i i 1 A I I _ 1 CITY OF KENAI 210 FIOAL00 KENAI, ALASKA 99611 TELEPHONE283.7335 August 9, 1984 TO: Mayor and Council of the City of Kenai j, FROMs Jack La Shot, City Engineer t SUBJECT: Concept Lease Application: City Lands Adjacent to Lot 8, Block 20 - Kenai Townsite ` Public Works concurs with the referenced lease application if the existing drainage culvert is maintained and a sufficient easement is granted. The existing culvert is the only available means of alleviating drainage in the area. It should also be clearly understood that maintenance to the line is likely, due to j its age and erosion taking place on the bluff. f I would encourage the lease applicants (if the lease is approved) 1 to most with me to work out a suitable drainage plan for the parking lot and right of way in front of it (Alaska Avenue), as Public Works plans on doing some work in this area this summer. JL/jet FOR CITY USE OAN.Y 1 Date ttecoived• CTTY OF KFNAT Time 3./t4.wrAret.i^n 14&; 77 P.O. BOX 580 • KENAI• AtASKA PHONE 283.7536 i9T r4, ar:d ttt t I FARE APPI TrATTnos �dnn�/,O�•ow 06noy, Name of Applicant�� , Address V< Business Name and Address L Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if applicable) Telephone _3 - �!5�X Lot Description Desired Length of Lease Property to be used for �` f le"O ✓2z' 'L'L/�- Description offf/Developments (type, construction, size, etc.) k5d'4 (� o'o 4U,"LJ hmip Attach development plan to scale (1" = 501), showing all buildings planned. Time Schedule for Proposed Development: Beginning Date Proposed Completion Date Estimated Value of Construction $ l�+L Dates Dates 7� Signed: S igned _ - 1 I Sz' 7/*--* IN It o keq OAIS dwl LOT alf al-OC9 zo 0, T- t5. KENAI. 4ot CITY OF KENAI / CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 1"= 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must show: J 1. Existing buildings 2. Proposed buildings t 3. Parking facilities (how many spaces and where located) 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas L C. Landscaping plan (retention of natural vegetation and/or proposed planting areas) 5. Building set backs_ r- 6. Drainage plan and method of snow removal 7. Circulation plan (all entrances, exits and on -site access) S. Location of sign(s) - sign permit required ��"' curt 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport ,fin lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 1A T__ J ll BUILDING INFORMATION On this sheet submit a drawing of building planned, drawn to scale. Scales 1" ft. Construction Materials (wood frame, steel building, etc.) THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE Notes If a prepared drawing is submitted, attach to this application and disregard this page, filling in construction materials only. 3 1 i a ; 4r err rr! n n .nr ♦rr•. r•r.r f `r .r r i • '�t.! r ! r♦ Ir m'i` - nAwrr j.Dt ion of Prnnur►u % ' 1 CONDITIONS OF ACCEPTANCE (To be completed by the City) I Annual rent rate or cost Zoned for Permits required Assessments Insurance required Construction must begin by ' Completion date for major construction a THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning C rnis on Approval: Bys '�.�`�, , Date of Approval P Chairman City Council Approvals Bys , Date of Approval City Clerk i 1� I -- 4 i S' 1 I ` � I L d, r 6 Y. r k I � _i I' 0 C-OP PT L-CA.SF Po p:� LA Cart of 11.1 I { 14 PoILt 400 'orr ��u.cst + �,.� • ti� o,1;,r a15 C;r4'�.� , I,G •. , / .,,,. ►,f •, O y , A 4A,h y/„ fl'1 �' fit. �1 . � �L v� 'U. � �,. t' a�/ .' 9.. y/i s• `fie ; ' i1/A •'iD ' yjw�t" •c� r 4 v ,IfB,► tl./t'11/.I��J/lu, i dam, � ,S i� ., • ,a• i, �ip 2 •���+ 4�/+ , Q' �s•S!r `%t � Iy "!• lAv��y ,�V� �tA 1. , / , ` ll4�b I Y L, � . rV. , � `1 f11� ',f%Y� Y�y • „ .� q ✓D, 'jw \vSJ , y .,► Iw s�",y(,,.ri+4 f dr AO �. •� , �' ,� a •, 9 , d� , � // "'i�. 4 '/���'8� � �j�� ry ,,,ib y9 9•jq?�.�, r )`niA �` r•i��• n,,. • ` ia �• Its. Vy� •�}•�/S�1' \ ' t'• : / IV`� ,� oh ¢/ A.. G a. ♦rr� %L �' },4y" ri,'�:�yA/B� +• � t ;, 'Z •e �,! r�l �P; of A of 41 1110 1 !•9 �T• / 1.6 •+ea, y. d w IfZ v'i 14b411111 r o 'Off NO ,ih �' �„�.i��1!yVt• i,'�"`�=: /u �r �� ..r-...� Y .rr • "�.-�ir.�'I�,�.�, � + ��YI! ��/f ,/�.t g,A rr,s II !' • I/I, 9 `', y, A + .'. •, • i; Mal' Y4i4: 1fpr1J it •, ♦ '/ 0 .tooCS f,+w/t w i • ,.�„ , � � � n � l its iA9yu W 11 �^ � r. ��% � � '� '• !' rub . 4 7 r rp i j , �/Ra. •jy 'BIB i �T i 4rwJf �! so 10 '4 I 1• t � •f w 'a • Af ,( r l. ,II too 4, r�+ ? lLoTc Lt y , , II SI I i I` ��.► _ 1 Li V t r CITY OF KENAI 210 FICALOO 99HAI, ALA09A 90411 = TBLBP140149983•9698 MEMORANDUM T©t Kenai L' i ty Counc i 1 iitOMt -it iot►ahn, land f4rinru(ne f►U9JeUF. Concopt L000e Applications Tract A, G.A.A. G/© - Kenai Air Alooko OATEs Auquot 0, 1904 At the regular meeting of the Kooni Pliositing A /,rsning Commioelun on 0/0/04, the referenced lotsae x1splication vials reviowtid au a concept. The following motion to oubmittod for your connidorotions MatlaNs Commioaionor f3ryucn moved to recommend approval of revinod concept Wage application, requoetinr( that a completed sito plan be innorp- oroted into the leano and isrourlht back borer© the Commiossion and further roquoct that the rezoning procotsu begin en thin and adjoining propertloo, seconded by Commionlenvr Cariftion, VOTES Motion patund unnolmouuly. Tho hotel fa:ilityy propooed on a portion of thus lot to oubject to iAA approval as wnll as the reior►Inq rnfrrr►rnw,nd shov►1. Thin► to a concept le►aue application only and tho filial applicutinn will he oubl"itted to Council for review at a future date. J1 0 r_ /11 M t vato Recoiwd, oR -c;z y CITY 01,, K I;NA I Time location 4" r.V. DOX 5io • KiHM, AiA5KA • t•HONi li34536 GY// &lgnelture and +.Itie) LEASE APPLICATION Name of Applicant Kenn.l Al?, Alnukn, Tnc. Addreaa 15fa Oilan.it,n Pol.nt; c��urt;, Knnn1, Alaalca Oa(1.1 Auninoen Name and Addreaa _ Kenai_ Air Alaska,, No,, 155 Oranit,n Pnint Court, Kenni_t_Alazkri 220.1 Kenai Paninoula Borough Sales Tax No. 013813KE"I (if applicable) State Susinene Licence No. at n07325 (if applicable) Telephone �907)283-7561 Lot Ooccription Tract. A, General Aviation Apron No. 2, Plat 81-110 Kenai Flecord:Cny UTst Fict Uoaired Length of Leeoe 99 years Property to be used for .Freight, Charter and Scheduled Aviation services, fuel and maintenance facilities, administration officers and pilot lounge an well as public, lobby. Oeeeription of Devalopmentc (type, conaL ruction, size, etc.) Clear ng and contouri_ne the mround, erect a ot;nel building for hangar. shot) and office, Lave ramp and parking lot; and connect water and szewer lines. Attach development Klan to scale (1" = 501), ohowing all buildings planned. Time Schedule for Prupnoed Davelopments Beginning Date ootimato Oprinp, 19811 __.. Proposed Completion Date eat:imate .^>pring 1985 rot imated Value of conut rust ion $. 500,1 IOC.CC est1matod • Dates 2/24/%3b 51gneds t� Onto s 7/24/84 S i gnesd s r 1 Description of Property CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost Zoned for Permits required Assessments Insurance required Construction must begin by Completion date for major construction - +1 THIS APPLICATION WILL BE MADE A PART OF THE LEASE Planning Commissio •Approval: B : y Chai any Date of Approval C City Council Approval: By: , Date of Approval City Clerk 4 f .: rc r•r _ - -- - - -_ -- 1 0 /` L-3 82 Al,( 1;,, /�i�G►tr l { I AtRAth f ; � I h1A1.Gi.iR it .3 1 FFM:Ft- /_HICLE rAht VG APPt ' y 1 F .nVfl.�►I E/.tEA/EI�/ { r.rw 1 +.w r_r_ ..-.r-../_a�r_r_I..r...-.�_..• .-r..r _r.�_�...... w.rl iP'di'yy CC.. nKrACJE efQ Horrt MS i ST^,•1ES ' I j ST,.ErT J? � t ' � • , HvTEL � � LCT __• 1. I ' i. � •LJ 1,' .f!✓r _ _. _ - - _. _. _. y _ __ .- _ ._ _ _ - _ 1 LL .t Y }' f 1 _a 01 CITY OF KENAI (210 FIDALCIO KENAI, ALASKA 00611 TELEPHONE 283.7535 MEMORANDUM TOs Kenai City Council FROM: Iq Jeff Labahn, Land Manager SUBJECT: Concept Lease Applications Portion of SW1/4 of Sec. 33, T6N, R11W, S.M. for Chrysler Dealership - Jess L. Hall DATES August 8, 1984 ; Mr. Hall came before the Kenai Planning b Zoning Commission at their regular meeting of 8/8/84 and presented the attached concept lease application. The Commission approved the concept lease application and - further requested an initiation of rezoning proceedings as the described property is zoned Suburban Residential and a General Commercial zoning is appropriate. Notice of the Special Meetings for the Planning Commission and the City Council are attached. J1 Date Received liI �7 C:171 " O ll K I N/ 11 1I++Q �•,' 1� +tson �� www w.wel i 07/fir f Y.�i. tlV Jt. Jt:Y 1lCf`1Nt. /�1N 71�N riiv:�G LYJ'I rJJ ," ["ytUr �J i tIZ. LEASE APPLICATION 0•�'•�--�.CH��n.�tE Name of :'ipplieant .) C Addresa r,.•t Businona Name and Addrens Kenai Peninsula Borough Salem Tax No. (if applicable) State Businens License No. (if applicable) Telephone .? $ 3 •- �l� 5•Y Lot Description Desired Length of Lease r /1 Property to be used for Chte/54•Pr Lyd-ee ih-4J Description of Developments (type, construction, size, etc.) f•�i �Iti'�' Sir �� :�%-r,ul. aid 1 Attach development plan to ;cale (1" 50'), shoring nll buildintla planned. Time Scheduw- for Propotiod Dovelopmt!nt: Butiinnitiq Oats •e92r lTit' Proposed Completion Dat is —w agh Est imated value of Cunett runt ion -7 '1 S C^twCt Date: a/?' 4q Oates . Signod: I i .J 1 I 1 i t 1 �IJC..1C 7T ddl P � o� ds¢� �oca-rory �•• IRS 5 Itl' al TR s`�!►�•�"� C 0 2� �`� it/, " �r �• A TR KENAI SPUR�C�/' i. 1 N L IRS ..ri RS i • 24 , • �,, SW NC RS' •r 'AUTUMN 1 1 ' t r t, •' r Te �4,IV''-,x) 3;i 0' �. _ -- - - iwiiYrl•-<.- _ _ . Mr sue, • T it CITY OF KENAI 210 FIDALOO KENAI, ALASKA 99611 TELEPHONE 283.7635 PUBLIC HEARING NOTICE Kenai Advisory Planning A Zoning Commission Public Notice is hereby given that a petition to amend the Official City of Kenai Zoning Map has been submitted by the Kenai Advisory Planning & Zoning Commission. The property to be rezoned is a portion of SWU4 of Section 33, UN, R11W, S.M. situated at the northeasterly corner of the intersection with Kenai Spur Highway and Marathon Road. This property is currently zoned Suburban Residential district, a rezoning amendment to General Commercial has been requested. Public Hearing on this matter will be held by the Kenai Advisory Planning & Zoning Commission at a Special Meeting to be held on Friday, August 17, 1984 commencing at 6:00 p.m. in the Kenai City Hall Council Chambers. Anyone wishing to present testimony concerning this request should do so at this hearing or submit written comments to the City of Kenai, Planning Commission, 210 Fidalgo, Kenai, Alaska 99611 prior to August 17, 1984. Kenai City Council This zoning amendment is scheduled to be introduced by the Kenai City Council on Monday, August 20, 1984 commencing at 6:00 p.m.in Special Meeting. A public hearing will be held by Council an Monday, August 27, 1984 commencing at 6:00 p.m. in Special Meeting in the Kenai City Hall Council Chambers. Anyong wishing to present testimony concerning this request should do so at this hearing or submit written comments to the Council at the above address prior to August 27, 1984. For more information call 283-7933. PUBLISH: 2X 8/10/84 and 8/15/84 TO: City Manager FROM: Finance Department SUBJECT: leases DATE: August 8, 1984 Legal Description Lot 7, B1 2, Fidalgo 4- Lot 4, B1 1, CIIAP A , Lot 2, Gusty f fA r Lot 1, Gusty Lot 3, Gusty i• Lot 2, B1 1, CAA y ur Lot 1, B1 1, CAA �ew�} Lot 1, B1 2, GAA Lessee Ambarian Church & Paxton S t Fletcher & Sons Lowry Peninsula Dev. Wasson Partee AAI CIE Tarlus Valdez Airlines �C I Ji 1, LESSEES WITH UNSIGNED RENEGOTIATION AMENDMENTS Renegotiation Previous Current Lessee Year Lease Rate Lease Rate Borgen 1982 $ 799.70 $2,132.52 Borgen 1982 1,350.00 3,712.50 Cason 1980 1,074,80 6,041.25 Ferguson 1980 1,160.00 7,017.00 Yamamoto 1982 1,612.20 6,444.00 Grizzly Air Svc. 1981 2,000.00 3,000.00 Grizzly Air Svc. 1980 926.82 2,640.00 Grizzly Air Svc. 1982 715.00 1,072.50 LESSEES DELINQUENT 2 OR HOLM M014THS Legal Description Amount Owing Lot 9,10, & 11, B1 2, CIIAP 10,059.17 Lot 3A, Spur #1 7,613.44 Lot 9, Alyeska 962.40 For. L 2, Spur #1 5,119.95 Lot 2, B1 1, Spur 41 4,673.64 Lot 2, B1 2, & 4, GAA 659.58 Tract A, Sprucewood Glen 11,207.11 Terminal 6,089.50 retinal 52,986.31 FT germinal -Restaurant' 2,868.13 .. Terminal 2,840.30 Paid Paid Old Rate New Rate No No No No Yes No Yes No Yes No Yes Yes Yes Yes Yes Yes No. Months Delinquent Cancelled 5 4 3 4 2 4 7 �{ Cancelled � 2 .4 /' 0 .:r r'.- r-i' . . CITY OF KENAI „m•1 n_ _ 4_ t _ / 171_ , l _„ v� v� OT >ry*."44w4, 210 FIDALOO KENAL ALASKA 00811 TELEPHONE 283.7535 MEMORANDUM TOs Mayor & City Council FROMs Tim Rogers, City Attorney DATES August 3, 1984 REs Cable Television Franchise Ordinance Attached to this memorandum please find a revised draft of the cable television franchise ordinance. This revised draft incorporates several revisions in light of discussions between ourselves and representatives of the cable television company. We will briefly review the revisions. We have revised Section 13.02 of the draft franchise ordi- nance to reflect the requirement of notice, as opposed to appro- val, to the city prior to sale or transfer of the cable system. Requiring municipal approval prior to the sale or transfer of the cable system would arguably be a limitation of property rights of the cable system operator for which the city could. be required to pay compensation. Accordingly, unless the city, as a policy matter, wishes to require approval authority and pay compensation for that authority, we recommend that notice, rather than appro- val, be required prior to the sale or transfer of the cable system. We have revised Section 3.10 to limit the definition of "Grantee" to "Inletvisions, Inc., its agents and employees." In the event that the cable system is sold, the successor to InletVision would need to obtain a separate franchise from the city if the city.so required. We have added a Section 13.14 which provides that the franchise ordinance, or the rights, privileges and obligations derived therefrom, shall not be sold, transferred or assigned by Grantee. The addition of this Section assures that the franchise ordinance itself is not transferable and that if the city requires a franchise ordinance as a prerequisite to the opera- tion of a cable system in Kenai, any future cable operator must seek a franchise ordinance from the city. It is our opinion that with these revisions now in place, the ordinance is now ready for your consideration. I I ;i l - i I CITY OF KENAI CABLE TELEVISION FRANCHISE ORDINANCE Third Draft: July 23, 1984 t Y r' L i i 3 L� Prepared by: Tim Rogers City Attorney City of Kenai 210 Fidalgo Street Kenai, Alaska 99611 Herbst & Thue, Ltd. 2030 Northwestern Financial Center 7900 Xerxes Avenue South Bloomington, MN 55431 (612)835-2434 J J .p •s• . 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 J Police Powers 4.05 Use of Grantee Facilities ' 4.06 written Notice �- 4.07 Franchise Term 4.08 Franchise Non -Exclusive Section 5. 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- 5.10 Special Togtina r r�� Section 6. SERVICE PROVISIONS 6.01 Services to be 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 r-• 7.10 Trimming of Trees 7.11 Street Vacation or Abandonment 7.12 Movement of Facilities 7.13 Relocation Costs SECTION 8. OPERATION AND MAINTENANCE 8.01 Open Books and Records 8.02 Communications with Regulatory Agencies } 8.03 Annual Reports "•�! 8.04 Monitoring and Compliance Reports Y, S 8.05 Additional Reports tl 8.06 Maintenance and Complaints ^' 8.07 Subscriber Contract -_ 8.08 Subscriber Practices -2- 9 oil 1 r J i7 d 8.09 Rates and Other Charges 8.10 Rate Changes 8.11 Periodic Reviews, Evaluation and Upgrading 8.12 Citizens Advisory Committee Section 9. GENERAL FINANCIAL AND INSURANCE PROVISIONS 9.01 Payment to City 9.02 Security Fund 9.03 Penalties from Security Fund 9.04 Relation to Other Remedies 9.05 Procedure 9.06 Bonds 9.07 indemnification , 9.08 Liability insurance Section 10. FORECLOSURE, ABANDONMENT AND REVOCATION 10.01 Foreclosure 10.02 Abandonment 10.03 Revocation . 10.04 Procedure for Revocation Section 11. PURCHASE. OF SYSTEM 11.01 City's Right to Purchase System 11.02 General Purchase Provisions 11.03 Procedures Section 12, RIGHTS OF INDIVIDUALS PROTECTED 12.01 Discriminatory Practices Prohibited 12.02 Equal Employment 12.03 Cable Tapping Prohibited -3- ii,uw Maui,»uribur rrivacy 12.05 Permission of Proporty Ownor. Required 12.06 Sale of Subscriber Lists Prohibited Section 13. MISCELLANEOUS PROVISIONS 13.01 Compliance with Laws 13.02 Sale or Transfer of System 13.03 Amendment of Franchise and Variance 13.04 Continuity of Service Mandatory 13.05 Removal after Termination or Revocation 13.06 work Performed by Others 13,07 Duty to Grantee 13,08 Separability - Non -Material Provisions 13.09 Separability - Material Provisions 13.10 No Recourse Against City 13.11 Nonenforcement by City 13.12 Administration of Franchise 13,13 General Provision on Rights and Remedies 13,14 Transfer of Franchisee Section 14. EFFECTIVE DATE; PUBLICATION; ACCEPTANCE; GUARANTEE; EXHIBITS 14.01 Publication; Effective Date 14.02 Publication of Notices 14.03 Time of Acceptance; Guaranty; Incorporation of Offering; Exhibits - 4- k � J i IJ t . L .I /' AN ORDINANCE BETTING FORTH SUCH REASONABLE TERMS AND CONDITIONS UNDER WHICH INLETVISIONS, INC. SHALL OPERATE A CABLE TELEVISION SYSTEM; PROVIDING FOR REGULATION AND USE OF THE SYSTEM; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS. SECTION 1, STATF,Mf;NT OF INTENT AND PURPOSE AND AUTHORITY. 1,01 Statement of Intent and Purpose. The Alaska Public Utilities Commission thereinafter "Commission") has granted a certificate of public convenience and necessity to Inletvisions, Inc. to operate as a telecommunications public utility in the City of Kenai. The City intends, by the adoption of this Ordinance, to bring about the development of such a system and the operation of it in the public convenience, safety and general welfare. Such a development can contribute significantly to the communications needs and desires of many. 1.02 Authority, Because of the complex and rapidly changing technology associated with cable television, the City finds that the public convenience, safety and general welfare can best be served by establishing regulatory powers in the City or such per- sons as the City shall designate. It is the intent of the City, acting pursuant to Alaska Statute 542.05.251, to provide for and Specify the means to attain the best possible public interest and public purpose in these matters. - 5- ,t SECTION 2. SHORT TITLE This ordinance shall be known and cited as the "City of Kenai Franchise ordinance." Within this; document it shall also be roforrod to as "this Franchisee" or "thin Ordinance." i� R � I A -6- r�. V SECTION 3. n?F NITIONS For the purpose of this Ordinance, the following terms, phrases, words and their derivations shall have the meaning given herein. when not inconsistent with the context, words used in the present tense include the future, words 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 ":nay" is permissive, words not defined shall be given their common and ordinary meaning, 3.01 "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 .ombination of such signals. 3.03 "City" means the City of Kenai, a municipal cor- poration in the State of Alaska, The City Council of the City of Kenai, or its; designee, is authorized to act as the decision - making body for the purposes of System regulation within the City, 3,04 *Commission" means the Alaska Public Utilities Commission, -7- ■ •r W..t.", .n-...*,.Pa a J 3.05 "Connection" means the attachment of the droo t) the first radio or televisiion oet of the :subscriber. 3,06 "Convertor" 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 sorvice delivered at designated converter dial locations. 3.07 "Drop" moans the cable that connects the subscriber terminal to the nearest feeder cable of System. 3,06 "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 and employees. 3.11 "Gross 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 tastes collected for direct pass -through to local, state or federal government. 3.12 "Kenai" means the City of Kenai. -g- a /t 3,13 "installation" means the connection of system from feeder cable to the point of connection. 3.14 "interactive Capabilities" meano capability or service that involves a video, voice, and/or data signals being transmitted by a subscriber back into System or television set. 3.15 "Person" means any corporation, partnership, proprietorship, individual or organization authorized to do business in the State of Alaaka, or any natural person. 3.16 "Public Proporty" means any real property owned by any governmental unit other than a street. 3.17 "Resident" means any person residing in the City of Kenai as otherwise defined by applicable law, 3,18 "Street" means the surface of and the apace above and below any public street, road, highway, freeway, lane, path, public way, alley, court, sidewalk, boulevard, parkway, drive or any easement or right-of-way now or hereafter held by City which shall, within its proper use and meaning in the sole opinion of City, entitle grantee to the use thereof For the purposo of installing or transmitting over poles, wires, cables, conduc- tors, ducts, conduits, vaults, manholes, amplifiero, appliances, attachments and other property as may be ordinarily necessary and pertinent to a System. 3.19 "SYBtom" means a oyatem of antennas, cables, wires, lines, towers, waveguideo or other conductors, converters, -9- ant fiMMMMI- -r A3r--itlti a 1.-..:1.- r � � .- ...._...�.r..� w..-ir�iV.• •+r.+ �r:♦iIb♦MVI.VI L•/L IrIIV ytAl� pose of producingt receiving, transmitting, amplifying And distributing, audio, video and other forms of electronic or electrical signals, located in City, 3.20 "Subscriber* monna any person or entity who subscribes to a service provided by Grantee by means of or in connoction with System whothor a fee is paid for such service. 3.21 "T4129ing" moans observing a two-way communications signal exchange, whore the obaorver is neither of the com- municating partioo, whothor the exchange is obsorvod by visual or electronic means, for any purpose whatsoever. 3.22 "Two-way System" means a distribution system that has amplifiers that can paast video, voieo, and/or data signals in both directions simultanooualy. -10- r J 1 i i I a i I i i I i SECTION 4, GRANT OV AUTHORI,ry AND VRNRRAL PROV11 1-ON9 — 4.01 Authority 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, cablos, conductors, ducts, conduits, vaults, manholes, amplifiers, appliances, pedestals, attachments and other pro- perty and 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 codes and ordinances are otherwise complied with. Prior to construction or alteration, Grantee shall in each case file plans with City, all appropriate City agencies and utility companies and receive written approval of such plans, S. 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 such street was created or dedicated, or presently used, -11- 4.02 AQrooment. A. Grantee agrees to be bound by all the terms and con- ditions of this Franchise. S, Grantee also agrees to substantially comply with all provisions of its application to provide a Syatem 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 and 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 sot 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 betwoon the provisions of this Franchise and any other present or future lawful exercise of police powers of City shall be revolved in favor of City. 4.05 Use of Grantoo Facilities. City shall have the right to install and maintain, free of charge, upon the poles and within the underground pipes; and conduits of Grantee any wires -12- k 0 /f I and fixtures desired by City. 4.06 written Notice. All notices, reports or demands required to be given in writing under this Franchise shall be doomed to be given when delivered personally to any officer of 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 follows: 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) yearn thereafter, unless renewed or terminated as hereinafter provided. 4.08 Franchise Non -Exclusive, The Franchise granted herein is non-exclusive. 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- - i - a i 1 t 1 i limited to inatitutinnal eommunir.nf!nnss residential service. i r� I -14- 0 /' SECTION 5, DRHTUN PROVISION14 5.01 system Design Concopt, A. Grantee shall construct a single trunk, single foodor 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 be operated using power supplies oquippod with standby powering capabilities to pro - vent outages cauood by commercial power interruption. A. 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 undergound. C. The headend facility will consiat of two (2) seven (7) motor earth stations, 5.02 Initial Channel Capacity. The forward bandpaaa of System will be from 50 to 300 megahertz. That capacity will allow for the downstream tranamiauion and distribution of up to thirty-five (35) standard television channels, plus PM radio ser- vices, Grantee shall further provide reverse bandpaaa of from five (5) to thirty (30) megahertz allowing for the upstream transmission of four (4) standard television channels. y,03 Two -Way Capability, System shall be capablo of passing video, voice, and/or data signals upstream and downstream -15- ,1 simultaneously, Two-way capability will not be entirely acti- vated upon system activation. Notwithstanding anything to the contrary, two-way capability shall be provided for upon System activation from certain locations such as high schools, city hall a.nd the borough building. This will provide the capability of originating programming from these locations. 5.04 Cabl.ecasting Facilities. Grantee shall make available to the public the equipment necessary to produce, either live or on videotape, programming that in 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 officers 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 System and that system located in Anchorage. The microwave interconnection system shall be 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- 'G I 1 _, "...... 4.._ _ . Svatem technical and nerformance standards nromil-feted by this t•ry r— relating to cable communications systems contained in sub -part 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 be filed within ten (10) days of the conduct of such tests with City and Commission. I 5.08 Test and Compliance 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 / 1 mum, be performed periodically, at intervals no greater than every six (6) months, on a minimum of ton (10) subscriber televi- sion receivers, located throughout the service area. At least four (4) of these locations shall be at the far end of the distribution trunk cable. The test may be witnessed by repre- sentatives of the City and written test reports shall be sub- mitted to the City* if more than ten percent (10%) of the locations tested fail to meet the performance standards, Grantee shall indicate what corrective measures have been taken and the entire test shall be repeated for at least ten (10) different i locations. 5.09 Emergency Alert. Grantee shall immediately install an -17- t r, Ali emocriency alert system. The nmarria e-V alert aua*am shall hp i designed and operated so as to allow every subscriber to receive a warning in an emergency situation. The emergency alert system shall be capable of transmiting an audio message which will I override all channels. 5.10 Special Testina. i 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 J I complaints received or other evidence indicating an unre- solved controversy or significant noncompliance. B. The Following procedures shall apply to any special or additional testing required by City: 1# if special or additional testing required by 1 City establishes that System is not in compliance with prescribed technical standards, Grantee shall bear all costs of the special testing. I 2. if special or additional testing required by City establishes that System is in compliance with prescribed technical standards, City shall bear all costs of the special testing. -18- I r SECTION 6, SURVICN, PROVISION.8 _ 6.01 Services to be Provided. Grantee shall provide ' the initial survicos And programming, as available, listed in the Grantee's offering and in this section. Cable Channel Eervice 2 KTUU AP Sports after r3ign off I 3 WTBB 24 hours 4 Nickelodoon/ARTS/Routers World News 5 ACCESS/ACSN 6 CNN 24 hours , 7 KAKM AP News after sign off i 8 C-SPAN/USA Notwork/BET/Alive and Well/YOU/USA Sports/ Night Flight/The English Channel Calliope 9 WGN 24 hours � 1 10 CBN/PTL Alternating : I 11 KTVA AP Financial after sign off y 12 ESPN 24 hours 13 KIMO AP Alaska News after sign off ,Option 1 14 HBO 24 hours � 15 MTV 24 hours 16 WOR 24 hours 17 Beta 18 The Weather Channel 24 hours -19- hl Cable Channel Option 2 19 MSN/Escapade 20 Future use 21 Future use ti Service 1 i , 1 J 1 i I i f � _ , SEG'TIUN 7. CONSTRUCTION PROVIHIUNS 7.01 Initial Service Area. Grantee shall construct, operate and maintain a System available to all residents located within the geographic boundaries of Kenai as set forth in Exhibit I. � a System will be constructed and operated to provide service at standard installation rates where home density is not less than r 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 set forth below. I B. No person in the Grantee's service area shall be i refused service. However, in recognition of the capital costs involved for unusual circumstances such as a require- LL ' ment for underground cable, special interior wiring, more !, than 150 feet distance from distribution cable to connection 1 of service to subscribers, or a dwelling unit density of less than twenty-five (25) dwelling units per cable mile of plant, in order to prevent inequitable burdens on potential cable - I subscribers in more densely populated areas, service may be made available with an installation fee calculated as it described below. C. Any dwelling unit not falling into the twenty-five (25) subscriber dwelling units per cable mile of plant will T�. be provided cable service according to the following line J -i -21- k l i s LI AVf A1=Q i,1h -A1 in.r vr.�.hF .. t t 1 `Oat- , t t , f the current mile of plant construction cost 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 rata basis by each actual cable television applicant committing to service within the extension. Mileage will be measured from the end of the nearest trunk cable. D. When a new subscriber (or subscribers) is (are) secured who can be served within two (2) years of initiation , of service from plant completed under this policy, the , construction costs shall be recomputed under the formula set out in subparagraph C above. The new installation fee, as calculated, shall be divided on a pro rata basis among the original subscribers. 7,03 Constructioa Permits. Grantee shall obtain a permit from City before commencing construction of any cable com- munications systom, including the opening or disturbance of any j street, sidewalk, driveway or public place within City. Grantee shall strictly adhere to all building and zoning codes currently or hereafter applicable to construction, operation or maintenance of System in City. S i 7,04 Street Occupancy. J A. Grantee shall arrange its lines, cables and other appurtenances, on both public and private property, in such a 1 J i -22- it ! �f I • i j i y Q i 1 mannul: au to uauuu nu unredsonable intorturence with the use of said public or private property by any person. in the event of such interference, City may require the removal of Grantee's linos, cables and appurtenances frorn the property a in question at no expense to City. a. if City determines to require the removal of i Grantee's lines, cables and appurtenances, it shall give Grantee ninety (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 J I doomed 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 so 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 1 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, or nuisances to the public, suitable barricades, flags, lights, i flares or other devices shall be used at such times and places as are reasonably required for the safety of all members -23- fYi�iltiY� ..1r of the public, Any poles or other fixtures placed in any 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. F., 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 this Ordinance to be done in any street, within the time prescribed and to the satisfaction of City, City may, at its 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 itemized report. 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 -24- t I applicable. �...� S. Compliance with Electrical Codes. All installation of electronic equipment shall be of a permanent nature, durable and installed in accordance with the provisions of the Basic WCA Electrical Code as amended. C. Antennas and Towers. Antenna supporting structures (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, 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 good engineering practices, performed by experienced main- tenance and construction personnel so as not to endanger or interfere with improvements City may deem proper to make, or to interfere in any manner with the rights of any property -25- J Av 1 � 0 /f owner, or to unnecessarily hinder or obstruct pedistrian or vehicular traffic on City properties. F. 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 Re4air 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 needed 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 Undergrounding of Cable. The placement of cables underground is encouraged. in any event, cables shall be -26- !a r. t � T ! 1 installed underground at Grantee's cost where all existing utili- ties are already underground. Previously installed aerial cable shall be 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 be 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 done, 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 be 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 be given to Grantee by City and all such poles, wires, conduits -27- OIL - I I � J or other appliances and facilities shall be removed or replaced by Grantee 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 herein. B. 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 used 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) days notice from City, proceed to alter, change, vacate or remove from the right-of-way or easement any part of System necessary to conform with said City improvements or changes without cost whatsoever to City. E. All construction or use of streets shall be in con- formance to the then applicable ordinances of City. 7.10 Trimming of Trees. Nothing contained in this Franchise shall be deemed to empower or authorize Grantee to cut or trim any trees, ornamental or otherwise, in any of the streets, alleys -28- 4 �I or public highways, but Grantee 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 street portion, City may do such work or cause it to be done, and the cost thereof as found and declared by City shall be 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 as may be required to -29- �u facilitate such movements. Grantee reserves the right to require payment in advance for such moving services. Additionally, any I 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. !i 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. 1 • 1 f 11 • • ' I ZJ I �I i R �� •„ I -30- I 0 /' SECTION 8. OPERATION AND MAINTENANCE 8.01 Open 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 complaint 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. i i 8.02 Communications with Regulatory Agencies. Copies of all 1 petitions, applications, communications and reports submitted to -r, 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- nished simultaneously to City. 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 Franchise, the following: 1. An audited financial statement by an indepen- - 31- -- i 1 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 0%) 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. S. 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- J 1 n e a /f 8.04 Monitoring and Compliance Reports. No later than April I 15 of each year, Grantee 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 Complaints. 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. A. 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- -, occur during period of minimum use of System. A written log available for public inspection shall be maintained for all service interruptions. C. 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 immediately. All other complaints relating to service will be rectified 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. D. 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. E. 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. J - 34- 11 :. I 1 1 fi -_:: For the purposes of prorating charges an average billing period is defined as thirty (30) days. I 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 I 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 4 . 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 i forth procedures, furnish information concerning the proce- dures for making inquiries or complaint, including the name, j -35- A ,1-4 .r; J address and local telephone number of the employee or employees or agent to whom 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. , S, Where service to be furnished is not generally applicable to other subscribers and may require the use of special facilities. 8,08 Subscriber Practices A, There 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 be effected until after the later of M thirty (30) days after the due date of said delinquent fee or charge or (Li) 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- 0 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. S. Refunds to subscribers shall be made or determined in the following manner: 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. Co 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- r.• 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 be 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. A. Rates and charges charged by Grantee for monthly 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. C. Rates and charges are included in Exhibit ii attached hereto and incorporated herein 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 shall be subject to approval by City in accordance with the provisions of this section and the following paragraphs. A. No rate change may be made without approval by -38- majority voto of tho City Council, 9. No rato chango nhaLl bo approv9d that: woul(I ronult in diffocont ration or chargon for norvico to similarly situatod nubscriboru in the City in the solo opinion of City. C. No rato chango that in tho opinion of City is substantial, will bo approvod unloaa all of tho standards and prerequisites for roview have been mot and complied with and doterminationo have been made, all pursuant to this section. 0, The atandardo for reviewing a prepoaed rate change will include at leaot tho following exeopt whon the chango io required by FCC or Commission and fuvthor reviow is not deemed applicable by City Councils 1. Grantoola uutjstantial fulfillment of all material requirements of tho Franehissol 2. Quality of soevico, au indieatod by the number and type of service complaints, grantoo's response to complaints, and the rorault of periodic system dorfor- manee tostol 3, prevailing rates for comparable services in other cablo eystoms of similar silo and complexityi 4, hate of return on Grantoola oquity, as com- pared to buoinosses of equivalent rink. Thu rato of return ohall be calculated on a cumulative basis for all System revvnuos and coots including services such as - 39- 0 Q pay-tolovision that may bo oxompt P.roin local rate rogu- letion. :Upon requont of city, Grantoo shall promptly provido, from tho Grantees ita paront company and any subsidiary company, all information as shall be roaaon- ably nocosaary to dotormino System rovonuoa and coots: S. Porformanco of Grantoo in introducing now aor- vices and oxpanding Sy9tom's capability, as eomparod to other systems of similar size and comploxityf G. Tho original cost of System long dopre- eiation determined on a strisight lino baninl 9. Tax benefits received by Grantee, its partners or sharoholdora, ao the result of their investment in Systems 4. Cash flaw derived from Systom sorvicosl 9, Such other factorrs as City may doom reasonably relevant. M+', in any proeooding, the City may exclude from the accounts of Grantee any payment or compensation to parent or an affiliated interest for any sorvicon rondored or property or service furnished unless Grantoo shall outablish the reaaonablonoaa of such payment or compensation. P, The proeeduros to be followed in changing a rate or charge shall include at loaat the followings 1. A proposal for a rato change will be submitted j -4A- t l� .In - u J I w y I to City and a copy filed with the Commission. 2. Thu proposal shall he supportod by statistical and other proof indicating that the oxiating rate or charge is inadoquato and unroaaonablo and that the pro- poned incroaoos are required to enable the Grantoo to render service to fulfill its obligationa under this Franchise and to derive a roaaonablo profit therefrom. 3. The application shall include for Grantee shall provide at the requost of City) current infor- mation including financial information with at leaot tho following from Grantee or its parent company concerning the cost of serving the City, a, balance shoots be income otatementl c. Statement of sources and applications of f unda = d. Detailed supporting schedules of expen- ses, income# assets and other items as may be required by City; at Statement of current and projected subscribers! f. A current lint of rates and chargers of similar rsystemof owned or operated by Grantee or its parent corporation or other subsidiaries or affiliates of its parent corporations - 41- s • y i r 1 u 1 9 9 I g. A current list of rates and charges for other systems in the state of Alaska. 4. City will notify the Grantee and 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. G. 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 ,nay 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 consultant shall be borne by Grantee. -42- - 1 i a a �.1 I 1 I 1 H, All costs for the review of an application for a 10� 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. 1. Any time limit may be waived only if City and Grantee consent. 8.11 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, 1 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 r b and modern system, the following evaluation provisions will apply: A. City reserves the right to adopt 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. S. 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 -43- 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 9s00 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 r Grantee. w ` E. 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 i services, application of new technologies, System perfor- mance, services provided, programming offered, access chan- nels, 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 shall fully cooperate with City and shall provide without -44- A j! cost such information and documents as City may request to 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 inado- 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 include 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 - u tenting. 4. The method, if any, by which such System per- formance problem was resolved. 5, Any other information pertinent to said tests , j 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 1 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- .. .,..�-,--", -,-.. ..ram.- rr-F•-�-.�,-, -", r, �—.�*�r,:...:�nr�: �-. .-va „ ;F,-,,-+-; s- --- --rs,- "- - 1, As a result of a periodic roviow or evaluation session, City may require Grantee to modify System or to provide additional services, Grantee will comply with any r such requirement of City unloso technology does not per- mit it or Grantoo oatablishes to the satisfaction of City that the cost would prohibit the implementation of tho modi- 'i fication or the additional services. Moreover, if tho coat; involved in such modification is significant, the Grantee will be eligible to apply for a rate increase pursuant to the procedures establishes! horein, 8,12 Citizens' Advisory Committeo. Tho 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 n composition of this Committee shall be determined by the City after the Franchise becomea effective. t i r � i _J { -46- 1 r d, r J 1 JI ' a i - i i r� 1 SECTION 9, GENERAL FINANCIAL AND INSURANCE; PROVISIONS � 9.01 Payment to City A. Grantee shall pay to City an annual amount equal to five percent (5%) of Grantee's gross annual revenues. Funds received by City pursuant to this section shall be allocated to cable -related activities only and shall include regula- tion, administration and access programming and services. Grantee shall cooperate with and assist City in securing any required waiver from the FCC, 9. Payments due City under this provision shall be ' computed at the end of each calendar year for that calendar year. Payments shall be duo and payable no later than thirty / (30) days after the date listed in the previous sentence. t Each payment shall be accompanied by a brief report showing IY y the basis for the computation and such other relevant facts as may be required by City. Co No acceptance of any payment shall be 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 shall be subject to audit and recomputation by City. D, In the ©vent that any payment or recomputed payment is not made on or before the specified date, Grantee shall - 4'7- 0 /t I pay as additional compensation an interest charge, computed from such due 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 Ten 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 reduce 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. A. Within thirty (30) days after notice to it that any amount has been withdrawn by City from the security fund pur- suant to subdivision (A) of this section, Grantee shall depo- -48- t i i -J 1 I i 1 I ; i I 1 1 /I] 1 I 1 0 /` sit a sum of money sufficient to restore such security fund to the original amount. C. If Grantee fails to pay to City any taxes due and unpaid; or, fails to repay to City, any damages, costs or ' expenses which City shall be compelled to pay by reason of any act or default of the Grantee in connection with this Franchise; or fails, after thirty (30) days notice of such failure by City, to comply with any provision of the .I Franchise which City reasonably determines can be remedied by an expenditure of the security, City may then seek to withdraw such funds from the security fund pursuant to the - J � I procedures specified in paragraph 9.05 herein. 9.03 Penalties from Security 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 omissions by Grantee pur- suant to the Franchise, City may charge to and collect from the security fund the following penalties: j A. For failure to complete System construction in accordance with Grantee's initial service area plan, unless City approves the delay, the penalty shall be One Hundred and No/100 Dollars ($100.00) per day for each day, or part thereof, such failure occurs or continues. ; B. For failure to provide data, documents, reports or information to City during a System review, the penalty shall be Fifty and No/100 Dollars ($50.00) per day for each day, or -49- part thereof, such failure occurs or continues. C. 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 such failure occurs or continues. f" 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 ., 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 required by City following a periodic review or renegotiation agreement the 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. However, it is understood that some modifications or additional services may not be capable of implementation within the above -noted time frame. In such ;;4:. an event, the time period shall be extended to the extent reasonable. G. Forty-five (45) days following notice from City of a failure of Grantee to comply with construction, operation f = -50- . J . t' -7 Fil 1 ' r ' 10 I or maintenance standards, the 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. H. For failure to provide the services Grantee has i proposed, including but not limited to the implementation and 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 such failure occurs or continues. 1. Each violation of any provision of this Franchise shall be considered a separate violation for which a separate , penalty can be 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 t Franchise, a written notice shall be given to Grantee informing it of such violation or liability. Grantee may, within ten (10) y ! days of notice, notify City that there is a dispute as to whether a violation or failure has, in fact, occurred. Such notice by Grantee to City shall specify with particularity the matters disputed by Grantee. V(.i A. City shall hear Grantee's dispute at its regularly -51- �I. i f � r scheduled meeting. City shall supplement the decision with written findings of fact. B. Upon a determination by City that a violation or liability exists, City may withdraw appropriate sums from the security fund. Grantee shall pay all costs associated with hearing the appeal. C. The Security Fund deposited pursuant to this sec- tion shall become the property of City in the event that the Franchise is cancelled by reason of the default of Grantee or revoked for cause. Grantee, however, shall be entitled 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 Franchise at an earlier J date, provided that there is then no outstanding default on the part of Grantee. D. 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. E. City reserves the right, in its reasonable discre- tion, to award Grantee for prompt and good performance in the construction and maintenance and operation of System. City may rebate to Grantee all or any portion of accrued - 52- ' I 'r a /j interest in the security fund because of early completion of i the construction of System 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. i 9,06 Bonds i A. If, at any time during the term of this Franchise, i 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 I City. The bond shall run to City in the penal sum of an amount equal to the estimated construction or rebuild cost or such lesser amount as City, in its sole discretion, determines necessary to adequately assure the construction or rebuild as contemplated. B. The rights reserved by City with respect to the bond are in addition to all other rights City may have under the Franchise or any other law. C. 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 with City. D. The bond shall contain the following endorsements -53- � 1 s "it is hereby understood and agreed that this bond may not be cancelled until sixty (60) days after receipt by City, by registered mail, return receipt requested, of a written notico of intent to cancel or not to renew." 9.07 indemnification. A. Grantee shall hold harmless City for all damages and penalties as a result of the exercise of this Franchise. These damages and penalties shall include, but shall not be 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 1 : I mentioned in section (A) above. These expenses shall include all out-of-pocket expensos, such as attornoys' foes, and shall also include the reasonable value of any services ren- dered by any employees of City. 9.08 Liability insurance. A. Grantee shall maintain, throughout the term of this Franchise, liability insurance insuring both Grantee and City and City's officers, boards, commissions, elected officials, agents and employees with regard to all damages mentioned in -54- ,i - paragraph A of tho noation ontitlad "pamagofj and Dofonno" abovo, in tho ininimum amountn of I i Vivo Hundred Thousand and No/100 (collars (0900000.00) for bodily injury or death to any ono peroons i Ono Million and No/100 Dollars ($1,000,000.00) for bodily injury or death rosulting from any ono aeoidonti I� Ono Hundred Thousand and No/100 fiollara (0100,000,00) =- for property dameigo ronulting from any ono (1) accidontl Vivo Hundred Thousand and N©/100 Dollars ($500,000.00) for all othor types of liability. Be Hocauso Grantoo will bo working in the public r • streets continually, tho insuraneo will cover comprohonsivo form, gromieos-oporationo, explosion and collapne hazard, underground hazard and products complotod hazard in the mini-! "� 1 mum amount of Throe Hundred Thousand and No/100 Dollars (0300,000#00) or whatovov limits permitted by the state for bodily injury and property damage eombinod. Thu City *hall -r - be additionally inuurud and roceivo thirty (30) days written notice of cancellation. Thu policy must cover Grantoo and i' any agents of Grantee unlosn the agents are similarily covered. "o rCe upon tho offeetivo date of this Franchise, Grantee } o shall furnish proof to City that a satisfactory insuranco ---'- policy has boon obtainod. Said insurance policy shall he —p-` - approved by City and such insurance policy, alon4l with writ- � r r z I-,:. -a ..-azr i , .-i+- -�,.- �, .. .r v .4. ,.. r 111 .ai-•.- •.ten evidence of payment of required premiumrs# shall he filed 1 and maintainud with City. I i I I I - 56- • • 1 I i d i �rl � q 1 y 1 '• I I I �I r- SUCTION 10. FORUCLOSURE, ABANUONNENT AND REVOCATION 10.01 Foreclosure. Upon the foreclosure or other judicial sale 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 provisiona of this Franchise governing tho consont 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 be subject to the rules and regulations of Commission. 10.3 Revocation. City reserves the right to revoke the Franchise granted hereunder and rescind all righte and privileges associated with the Franchise in the following circumstances, each of which shall represent a default and breach under this Ordinance: A. If tho Grantee should default in the performance of any of its material obligations under this Ordinance or under such documents, contracts and other terms and provisions entered into by and between City and Grantee) -57- J � I �w PAP Be If Grantee should frequently violate any orders or rulings of any regulatory body having jurisdiction over Grantee relative to this Franchise unless such orders or rulings are being contested by Grantee in a court of com- potont jurisdictions CO if Grantee attempts to evade any of the provisions of this Franchise or practices any fraud or deceit upon City: D. If Grantee becomes insolvent, unable or unwilling to pay its debts, or is adjudged a bankrupt. 10.04 Procedure for Revocation. City shall make written , demand that Grantee comply with any such requirement, limitation, i terms, condition, rule or regulation or correct any action deemed cause for revocation. If the failure, refusal or neglect of Grantee continues for a period of thirty (30) days following such written demand, City may place its request for termination of the Franchise upon a regular City Council meeting agenda. A. The Council shall hear any persons including Grantee interested therein, and shall determine, in its discretion, whether or not any failure, refusal or neglect by Grantee was with just cause* a. if such failure, refusal or neglect by the Grantee was with just cause, the Council shall direct the Grantee to comply within ,such time and manner and upon such terms and conditions as are reasonable. C. If the Council shall determine such failure, refu- - 58- ;!( sal or neglect by the Grantee was without just cause, then the Council may, by resolution, declare that the Franchise of Grantee shall be terminated and bond forfeited unless there be compliance by Grantee within such period as the Council i, " may fix. -59- i I i i r Y � - ti 1 a "-* ; 111 SECTION 11. PURCHASE OF SYSTEM 11.01 City's Right to Purchase System. City shall be entitled to a right of first refusal of any bona fide offer to purchase System made to Grantee. Bona fide as used in this section means an offer received by Grantee that it intends to accept, in the event City decides 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 Grantee in whole or in part in the following circumstances: y 1. if such purchase or taking over be at the expiration of the Franchise, such valuation shall be at I fair market value, exclusive of the value attributed to ' the Franchise itself; 1 2. if such purchase or taking over be at the revocation of the Franchise, such valuation shall be at book value of initial cost less accumulated depreciation. A. in no event shall 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- 0 /t _ /wrr„"' __ a-1 ♦ '"dr► - ..---•�9 right to purchase System as 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. 8, 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) r � arbitrator each who is experienced and knowledgeable in , the purchase and valuation of business property. Arbitrators shall each agree upon the selection of a w 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 to 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 proceedings, debates and deliberations shall be open to the public and at such times and places as contained in the notice or as thereafter publicly stated in the order -61- ti.d 4!t • � e��: a. rn �-- - • - - . , ri - - :p� -- - - - z - s.i i-- eTr" • - _ -,ram.-•=saw - - - - - _--- ��nw d . I to adjourn, , 4. The arbitration panel shall be required to determine the purchase price of System, 1 S. At the close of the hearings and within thirty (30) days, the arbitrators shall prepare written fin- dings and make a written doeieion agreed upon by a --- - majority of the arbitrators which shall be served by mail upon City and Grantee. 6. The decision of a majority of the arbitrators shall be binding upon both parties except that City may, in its sole discretion and without any penalty or cost J I to City of any kind, withdraw its offer to purchase within sixty (60) days of receipt of the final decision 1 J of a majority of the arbitrators. 4 � 7. Either party may seek judicial relief to the extent authorized under Alaska law And, in addition, under the following circumstances: a. A party fails to select an arbitrator) b. The arbitrators fail to select a third arbitrator) CO one (1) or more arbitrator is unyualifSodi r i d. Designated time limits have been exceoded; { at The arbitrators have not proceeded expe- ditiouslys or I, -62- i i ;I 1 i c lI r r• , 1 P i - _ + f. Manod upon tho roeord, the arbitratooa j I abuuod their diserotion. J S, in the ovont a Court of vompotent jurisdiction i I' Q rm nor the a bitratova havo ab d eto i use Lhoir discretion, it may order the arbitration procoduve ropeatod and issue findings, orders and direetiona, with costa of nuita to be awarded to the provailing party. y, 9, Coat of arbitration shall be borne oqually, C, The dato of valuation shall be no lator than the , plate City makos a written offer for System, i H o •fi3- j 4 SECTION 12, RIGHTS OF INDIVIDUALS PROTECTKD 12.01 DiacciminatovX Practices Prohibited. Grantee shall not deny service, deny access, or otherwise discriminate against subscribers, channel users, 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- nistrativo orders relating to nondiscrimination which are hereby incorporated and made a part of this Franchise by reference. 12.02 Equal Employment, 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 shalt., without the subscriber's con- sent, tap, or arrange for the tapping, of any cable, line, signal Input dovico, or subscribor outlot or receiver for any purpose except routine maintenance of System, polling with audience participation, or audience viewing surveys to support advertising research regarding viewers whore individual viewer behavior can- not be identified, 12,04 Subscriber Privacy. in the conduct of providing its services or pursuit of any collateral commercial enterprise resulting therefrom, Grantee shall take any and 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- 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 Property 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 involved; pro- vided, however, that where the property owner has granted an easement or a servitude to another and the servitude by its terms i .I 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 restore the property to its original con- dition. 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, by name, subscriber viewing habits, or personalized data pertaining to a subscriber's use of any of Grantee's services without the con- sent, express or implied, of the subscriber to which the per- -65- J .+-. � �. .: r•, .= .. -o � r.i T(T.r.:, �. q,�.,---.�-s ..., ice:- .�..:..cn ,..� �.�4 .. .: -.ram ....n �err�.*rscca. aLrca.4 w:.--r-I, __ - —"� ate: sonalized data pertains. For purposes of this section, _ "personalized data" shall mean the name and addresses of an indi- vidual subscriber directly associated with data obtained on his i or her use of specific services provided by or through Grantee. Nothing herein shall be construed to prevent, as a normal inci- dent of commercial enterprise, the sale or availability of "non -personalized" or "aggregated data" which is not personalized I data as defined herein. - 66- 1= i • I 1 i 1 SECTION 13. MISCELLANEOUS PROVISIONS 13.01 Compliance with Laws. Grantee shall comform 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 or Transfer of System. A. System shall not be sold, assigned or transferred, 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 4 therein, pass to or vest in any person without providing at least fifteen (15) days prior written notice to City. 13,03 Amendment of Franchise And Variance. s 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 i Council of City and the written consent of Grantee. D. Variance Applications and Procedure. i. 1. When the Franchise Administrator determines A; that a proposed change, alteration or substitution in j Grantee's offering will be noncontroversial in nature, -67- 1 r t ' i 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 Off•3ring 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, 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 substitution; 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) day comment period; and 3) Of the manner in which persons shall request a hearing on changes proposed pursuant to this subdivision. b. Applications for variance shall be filed with the Franchise Administrator and subject to the following procedures: 1) An application fee of Fifty Dollars ($50.00) plus actual costs incurred by City, -68- r r , a /t :i i 1 j 1 _. including costs of outside consultants, shall elm) a be paid to City by applicant. An application for variance may include more than one (1) i variance request if the Franchise Admin- istrator determines that there is sufficient 0 similarity or relationships between issues to i warrant the use of only one (1) application. I 2) The Franchise Administrator shall give notice of the application to City and Grantee of the date, time and place for review of the application. J 3) The Franchise Administrator shall % review the application within fourteen (14) calendar days of publication of the notice unless a public hearing is required. 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 o£ the public hearing. 5) City shall receive a report of the findings of the Franchise Administrator at its next meeting following the date of review Q-M A - J .tea, ,. r rr�r_i .: , � ., _, �. . �-��•-»--- -' �w...-.. ,,-. -„ .-- - __ - - r - - -_ _ _ _ _ _— _ _ -- - _ by the Franchise Administrator. 6) The variance will be deemed approved by a majority vote of City. c. Before a variance is granted, 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 deviation from the Offering and is consistent 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. -70- ' i �� i 1 I 13.04 Continuity of Service Mandatory. Upon either the expiration or revocation of the Franchise, City may require v 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 unless extended by Council resolution. 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 and all of the services that may be provided at that time. 13.05 Removal after Termination or Revocation 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 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 -71- 9 i. shall remain in full force and effect during the entire term of removal. B. If, in the reasonable judgment of City, Grantee has failed 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 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 such part thereof as City shall designate, to be removed at no cost to City. The cost of said removal shall be recoverable from the Security Fund, Bonds, Insurance, Indemnification and Penalties provisions � p provided for in this Franchise, or from Grantee directly as a liquidated } damage. C. Any portion of System not designated by City j for removal shall belong to and become the property of City -'i without payment to Grantee and Grantee shall execute and deliver such documents, as City shall request, in form and -72- t i � a --_ , -,�l I - a 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 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. Be 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 Grantee. 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 y 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 _-_ system. 13.08 Separability - Non -Material Provisions. if 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 ii jurisdiction to be invalid as conflicting with any federal or state law, rule or regulation now or hereafter in effect, or is r� held by such court or agency to be modified in any way in order to conform to the requirements of any such law, rule or regula- I i i -73- s 4 -- �ffI Lion, and if said provision is 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 changed, so that the provision hereof or thereof which had been held invalid or modified is no longer in conflict with the law, rules and regula- tions 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) days written notice of such change before requiring compliance with said provision. 13.09 Separability - Material Provisions. If any material section of this Franchise, as determined 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- ties are unable to reach agreement on such modifications, then the dispute will be 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 shall be binding on the parties, provided, that no decision of the arbitrator shall require City or Grantee to be in viola- �i -74- i. r� Lion of any federal or state law or regulation. 13.10 No Recourse Against City. Grantee shall have no recourse whatsoever against City or its officials, boards, com- missions, agents or employees for any loss, costs, expense or damage arising out of any provision or requirement of the Franchise or because of the enforcement of the Franchise. t 13.11 Nonenforcement by City. Grantee shall not be relieved of its obligation to comply with any of the provisions of this Franchise by reason of any failure of the City to enforce prompt compliance. 13.12 Administration of Franchise. J 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 regulations concerning the construction, operation and main- ." tenance of System as are consistent with the provisions of the Franchise and state or federal law. B. Grantee 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 -75- I r ' s 1 i • 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 be exercised from time to time and as often and in such order as may be deemed expe- dient by City, and the exercise of one (1) or more rights or remedies shall not be 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 exercise of any such right or remedy by City shall not release Grantee from its obligations or any liability under this Franchise. S. In addition 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 term or provision of this Franchise. Co To the extent any provision of the Offering or rules of Commission are not specifically set out in this -76- Ell a s� 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 of commencement of the Franchise term or adoption of the rule, whichever is later. Grantee, by acceptance of this Franchise, consents to and agrees to be bound by any such amendments. 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 that City had no power or authority to make such term or con- dition, but shall be required to accept the validity of the terms and conditions of this Franchise in their entirety. E. in case of any dispute or question as to the meaning, interpretation or application of any term, provision or condition of this Franchise, City, in its reasonable discretion, shall resolve such dispute or question. F. City reserves the right to delegate and redelegate 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 —77- G W /f - 1 this Franchise. Any such delegation, revocation or rodelega- tion, no matter how often made, shall not be doomed an amend- mont to this Franchise or require any conoont of Grantee. 13.14 Transfer of Franchise This Franchise Ordinance or the rights, privileges and obli- II gations derived herofrom, shall not he sold, tranaforrod or ry !' assigned by Grantee. q r� I • r 1 i i i �a t3OCTION 140 kVPMCTIVN btAM NtJRWCA't ON AC( MPTANCU— QUARANTROi 2 itil�t'tfit 14.01 publications 10foatiO IRMO. This Vvanahino ahall be i signed by tho City Managor of City and attofitod by tho City Clork of City. Thia Branehiao shall tako offout upon publication within fifteen (13) days aftor adoption. Thin Ptanchis3o may ineoeporat© by roforonco, without pubtication in full, a atatuto ;1 1 of Alaska or a rulo of the Comminnion or tho FCC and tho Offoving - - of Grantee. 14.02 publication 0f Notices, All public noticoo required to be publisshod by City, including thin Franchina or an official summary thereof, :shall be publ i5hod in tho official nowapapor of City. Grantoo ahall tray the aooto for publication of thin r ° Franchise and amundwnta to it, as ouch publication is required by law. 14.03 Tim© of Acceotancol Guarontyfsinc�ration of 6fforink:chi,® A. Grantoo shall havo thirty (30) daya from offoctivo date of this 6rdinanco to accopt tho YvanchLoo in form and subotance aeeeptabla to City, unlogo the Limo for acceptanco M1 is extended by City. of Upon aacoptanco of this: Pranchimo, Orantoo sthall bo bound by all the torm3 and eonditiona contained herein. ..' Grantoo shall provide all aorvicoo and offoringa apocifically out forth in the Gfforing to provido Pablo communication t3or- I •9y- -- i r i vide within the City and, by its acceptance of this Franchise, Grantoo specifically agrees that the Offering of Grantoo, including all promisor, offers, representations and jj inducements contained therein, to specifically incorporated by reference and made part of this Franchise. The failure to refor to the offering in any specific provisiona of this Franchise shall not be 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 wore 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 be available for inspection by the public I during normal business hours. D. in the ©vent of conflicts or dis3crepancioe between any part of the offering and the provisions of this; Franchise those provisions which provide the greatest benefit to City, i in the reasonable opinion of City, ohall prevail. S. Grantee shall have continuing responsibility for I this Franehis;o, and since the Grantee is a subsidiary of a i parent corporation, the parent corporation shall execute a , guaranty approved by City and the Grantee shall deliver the ! 1! 1 executed Guaranty to the City at time of, and as part of, acceptance of this Franchise. -80- ' v e r� w to. F. With its 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 tho guarantoos have been duly executed and delivered, that this Franchise and Vie guarantees are enfor- ceable against Grantee and the guarantors in accordance with their respective terms, and which opinion shall otherwise be in form and substance acceptable to City, G, With its acceptance, Grantee also 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 oxtent possible and otherwise by an officer of Grantee. N, Fach exhibit is a part of this Franchise and each is specifically incorporated herein by reference, to [Upon acceptance by Grantee, all fees and charges for acceptance of this Franchise and all costs and expenses incurred by City shall be 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 expenses is provided to Grantee, J, Acceptance shall be construed to be an acceptance of and consent to all the terms, conditions and limitations con- -81- '17 tained in the ordinance granting the Franchise as well as the provisions of the Code of Ordinances of the City of Kenai. Furthermore, such acceptance shall, for all purposes con- tained in said Franchising ordinance, be considered an agreement between the City and the Grantee and, in the event of the legal inability of the City to exercise franchising or regulatory authority, this document shall survive and be con- sidered a contract between the parties and be enforceable according to its terms. J, G? � I •� I/I I• 1 , -82- y_J •, ig` o r' ,r i j i � 1 •1 I I r Passed and adopted this day of , 191 ,i ATTESTS BY By_ City Clerk of Kenai Mayor of Kenai This Franchise is accepted, and we agree to be bound by all its j terms and conditions. DATEDs B i-/V F�J CITY OF KENAI G'a pdW 4 4ZOd,a„ 210 PIDALOO KENAI, ALASKA 09011 TELEPHONE Z59.7535 August 1, 1984 Alaska Dept. of Envir. Conservation Attentions Gary Hayden, Director Facility Construction & Operation Pouch 0 Juneau, Alaska 99811 Res ADEC Grant Request Funds for FY 86 Dear Mr. Haydens Please find enclosed the Alaska Department of Environmental Conservation Capital Budget Questionnaire forms for nine projects for which the City of Kenai is requesting the matching of 50 percent ADEC Municipal Grants. As I mentioned in a note in the forms for the Thompson Park Project and the Valhalla Heights; Project, we are requesting a Federal EPA Grant for a For East Kenai Interceptor Line from the end of our present sewer line to these subdivisions. We were told not to expect to receive the EPA Grant and were advised to apply for the funds through ADEC. The City of Kenai has appreciated the courteous, efficient, and expert handling of our ADEC Grants by the ADEC Juneau office and hopes to continue this relationship. Please contact me at the above address or at 283-7535 should any further information be needed. Sincerely, Keith Kornelis, Director Department of Public Works KK/jet Enclosures =7 1 i I ' 1 i iK it ^ r �1 �. ... -__..—. .. n sy err . _.- •_ _•- - r _- �—_ � "' •— r .:n .: — —tl`l �iT s.-. rw��r 1'Y 19136 AU1C GRANT PROJECT CAPITAL. BUDGET QURSTIONNAIRL SU1414ARY Priority Nnme of Project W S Fftit. 1.0F. Rat. Population A1)NC Funding Requested 1. Princesu, Cinderella, McCollum, Aliuk, Fox, Magic X X 19,000 125 people $ 600,000 2. Thompson Park X 11,400 200 people 350,000 3. Past Kenai Interceptor & Thompson Park Sower Impr. X 24,600 250 people 1,083,000 4. Valhalla Heights X 10,000 150 people 300,000 5. F,nnt Kenai Interceptor & Valhalla Heights Sub. Sewer X 23,000 150 people 1,68G,000 6. Spruce, Second, Third, X X 8,000 30 people 300,000 Fifth 7. Kenai Spur Water & Sewer Bore to Southwest X X 400 - 50,000 Section 36 8. N. Kenai Spur Water & Sewer - Wildwood to City Limits X X 9,200 15 structures 400,000 9. Spur Sewer Bore at Iliamna X 100 0 25,000 it i I i- 1 r e . s cT s, KENAI POLICE DEPT, P.O. BOX 3173, KENAI, ALASKA 99011 b TELEPHONE 283.7870 TOs William Brighton, City Manager 9ROMs Richard Roes, Chief of Policevv^" SUBJECTS 911 Service Rot YY 86 funding DATES 8/7/84 911 service funding through 8Y85 is available through the original State Grant Award. The system will have operated for approximately three years under the grant. There is no known funding available to provide 911 eerviee in PY86. .I s� Tha FY86 budget is projected at $150,000. This includes $90,000 for personnel services and 060,000 for communications, operational expenses and maintenance. If the 911 capability is to remain available to area residents funding alternatives will have to be examined and a funding plan developed. The 911 , board is studying alternatives that might be viable and acceptable. These include contractual relationshipsp service area, borough wide provision, etc. The system seems to have been well accepted and utilized throughout the area i serval. During the first six months of 1983 the system received 1023 bonafido 911 calls. During the same period of 1984 this increased by 76% to 1802. Over f the last two years approximately 27% of all calls received by the system were initiated from within the City of Kenai. 4' RAR/lo 'P i� , .r 'A/ Fvt - i' 1111PHONI4 1 '� (rN17) M1Mwr 111M1 101 M11M CIPAI WAY, . 301 � IrNl7) M1Iw,IrM1lh KJNiAW, AWKA WAI OP 4 A_ August 2, 1984 $4� LFAISLATIVY, SUMMARY �,��Md0? A summary of legislation passed in the Second Session of the 13th Alaska Legislature and signed or vetoed by Governor bill Sheffield is now ovailsb1o, Below is a list and brief description of the legislation affecting the League members as a whole. The 13th Legislature introduced a total of 509 billa in the 102 days of the Second Session 0 273 in the house and 236 in the Sonata, Of thew, 171 became law. the Oevernor vetoed 10, I will have a list of capital projects by community man"; howavar, the Governor will be sending a letter and s list to each community. Once that letter is sent, we will be happy to send the full list to those who express sn interest, protocol. Cf.IM- A 4 - 1MSMN1`9Y FOR MAKER RPLIRV O010TA1K_l; Pr)vtdos immunity from civil liability to a person providing equipment or services during a State of eoorgsney if the person acts at the request of a governmental agency. Immunity Will not be granted if the person seeking immunity acted intentionally, recklessly, or with gross negligence, (00 131). Pffeetive Dates February 1, 1984 CHAPTP,R g - OMINO OF THE P011.0 ON P,LFCTION� Provides that polls will open at 700 a.m. for general elections, primary slactians, special state elections or federal elections. Provides that polls will open at 8100 a.m, for any other election conducted by the director of elections. Mation board members report one-half hour before the polls open in each as". (SCS CSHB 289 $A an 8) 9thative Dater may 10, 1984 CHAMR 14 - PROPERTY TAX ASSRRM31lR 76 AND APPEALB Provides that municipal records dealing with assessment, valuation, or taxation may be inspected by the State Assessor and, if records are prepared by a private contractor, they must be made available to the Stets Assessor, Requires a municipality to correct its procedures or file an appeal it it receives notice iron the State Assessor that ma,jar errors have been found in its assessment, valuation, or taxation procedures. Onto out procedures for appealing to the Commissioner of c4mlunity and Regional Affairs, Authorizes the Department of CRA to aassso municipalities on procedures for easessment, valuation, and taxation. WOOD 213 CRA) ltifective Duet Narch it, 1984 LIMPER 27 - TAX FINY MM FOR YAM -WHIMS Gives municipalities t4c option to axsmpt motor vehicles from taxation. SCS118 537 CRA) Moctive Dates January 1.0 1985 C11AFM 34 - SW*INO IN PUBLIC MOO AND VYIIICLN Nakao it unlawful to coke in specified indoor places and vehicles unless a smoking section ban been designated by the person in charge of the pleas or vehicle or, unless otherwi s provided by law, covers buses, ferries, trains, taxicabs, elevators, grocery stores, restaurants with a seating capacity of 50, waiting roams and restrooms and other areas in hospitals and doctors or dentists offices and other health -related facilities, and all places of employment or buildings owned or leased by the state or a local government. Also allows proprietors of private places of employment to post no smoking signs that have the fores of law. Establishes fines for smoking in no smoking areas and for failure to post required no smoking signs or smoking section signs, Allows individuals to obtain injunctions to stop repeated violations, SCS CONS 84 (Pin) an S) Effeative Dates July 17, 1984 +geMR 40 - TAX By, YITOs SYNMO AND D1SA1sMyRTP,RAiMO Extends to disabled veterans the senior residents tax exemption on permanent places of abode and the senior residents property tax equivalency veyment law, Provides for reimbursement to senior residents MRMKR 9i THQ NAT"04, LEMU9 OF OT196 AND TH9 NATMAL A3500AT"J OF eMMY116 and disabled veterans who rent permanent places of abode in municipalities that do not levy property taxes but do levy sales taxou on rents. Requiroa it disabled votoran clafroing ono of theno tax bru�•ffrn to provide evidence of a disability rating of 50% or more. (RCS COUP 31 (Pin)) Effective Dotal January 1, 1985 e CNAPTRR 56 • ROAD MAIN19NANCY,SRRVICP, AREAS Establishes a system for allocating grant money designated for upgrading roada in road maintenance service areas. Requires municipalities to provide a 50% match for their state funds, develop annual five year plans for their roads, adopt design standards for construction of the roada, maintain the roads, and report on their use of the funds. (IICS CSSB 313 (Pin)) Effective Dazes July 1, 1984 CHAPTER 77 - NA2ARD008 WAf3T8 Requires the Department of Fnvironmental Conservation to adopt ragulationa for identifying end managing hasardous Waste. Provides for notifying affected local governments of the transportation of hazardous waste, Requires the department to open hazardous waste collection points four times a year. Establishes procedures and criteria for the selection of hazardous waste management facility sites. Increases the civil an criminal penalties for violations of hazardous waste lava. (CSSB 503 Mn)) Effective Dater June 2, 1984 CIiAPTRR 02 - ALASKA MICULTURAL LOAN ACT Amends the Alaska Agricultural Loan Act to allow loans for the production or processing of horticultural products and animal food and the raising of animals for fur. Allows the agricultural revolving loan fund bard to extend the term of a short-term loan made for operating purposes for up to three years. MISS 342 (Yin)) Effective Data August 30, 1984 CIIAPTER 86 - LEASE OF STATE LANti FOR REFUSE DISPOSAL Authorizes the Commissioner of Natural Resources to Jesse state land not located within the boundary of a municipality for refuse disposal. Permits the lure rental to be for less than the appraised value of i the land if the losses is a licensed public utility authorized to collect and dispose of refuse outside • the boundaries of a susnieipolity. Provides that the licensed public utility may not construct permanent improvements on the land that are not related to the collection and disposal of refuse, (IIB 542) Effective Data September 3, 1984 88 - PROTECTION OF PORENM LAND Permits the Commissioner of Natural Resources to provide protection for the natural resources and watersheds on private land or state or municipal land, cosmianoursto with the value of the resources at risk. Repeals the restriction on the number of "man-hours" of emergency fire fighting personnel that the commissioner could oploy. (CSSB 366 (Rules)) Ufaetive Dates September 3, 1984 CFA ,R 94 - OIL AND CASs SPECIAL REVENUE FUND 13otobiidrso a special revenue fund for the deposit of money received under a certain federal law as the Stste's share of receipts received from the competitive tossing of oil and gas in the National Petroleum Reserve in Alaska. Restricts the use of the funds to activities allowed under the federal laws planning, necessary public services, and construction, maintenance, and operstiion of essential public facilities of the State and subdivisions of the State most directly or severely impacted by the dovolopment of the oil and gas lease. (SCS CSRS 298 Mn)) 81faetive Dues June 9, 1984 fi CRAPIER 104 - COMIAINITY WJRK AS A PART OF A CRIMINAL SERVACE r Authorizes a cant to order a defendant convicted of an offense to perform eommunity work as a condition of probation. Also authorizes a court to offer a defendant the option of performing community work in lieu of a find the defendant is unable to pay or a sontenee of imprisonment, except for a mandatory minimum or presumptive torn of imprisonment. Sets the rates at which community work substitutes for a fins or imprisonment at $3.00 per hour for a fine and with hours for eacb day of imprisonment. Provides s that the State assume responsibility for ardiieai benefits due an individual injured while performinS o community work. (go CSSS 439 (Jud) am II) Effective Dates September 12, 1984 2AY11+R 106 - UNEMPLOYMENT INSURANCE Make# mt#rr118neon# amnndmentn to matures concerning the unemployment compensation trust fund and training and building fund. Adjusts employer contribution rates and employee weekly benefit amounts. Expands definition of "dependent" to include children lawfully in the physical custody of a person claiming a dependents allowance. Establishes a state interim benefits program and further clarifies when benefits may be paid to individuals based on service to an educational institution. (HCS CSSB 525 (Pin)) Effective Dater Sections 2 and 3 take effect January 1, 1985; Sections 4 - 8 take effect October 1, 1984; Section 11 is retroactive to April 1, 1984; Section 14 takes effect July 1, 19841 Section 1 an0 9 through 13 take effect June 16, 1984. CHAPTER 110 - MUNICIPAL BOND BANK I Increases the bonding authority of the municipal bond bank from $200 million to $300 million. (HB 679) Effective Dates July 1, 1984 CHAPTER 119 - RESIDENTIAL CHILD CARE SERVICES Provides for the purchase of residential services for minors for whom the State has assumed responsibility under AS 47.10 by means of grants to local governmental units or nonprofit corporations. Authorizes the licensing and supervision by the Department of Health and Social Services of the facilities providing the residential child care services. Requires accounting procedures to be used by the residential facilities. Limits grants to amount appropriated by the Legislature and provides for AdJustment of grants or proration of service contracts according to size of appropriation. Specifies inforaation required in notices of available grants, exempts grants from competitive bid requirements of AS 37.05.230, limits uses of grants, and sets temporary rates for residential child care services. (HCS If COBB 431 (Pin)). Effective Dates AS 47.40.011(b), enacted in Section 2 of this Act, and sections 3-5 j take effect June 21, 1984; remainder of Act takes effect January 1, 1985. C AP= 123 • APPROPRIATIONs TASK FORCE ON FIRE PREVENTION Makes a special appropriation of $20,000 to the Office of the Governor to fund the Task Force on Fire Prevention and Control for 120 days. (HB 688) Effective Dates June 22, 1984 01 4 CHAPTER 124 • TASK FORCE ON FM PREVENTION AND CONTROL Establishes a temporary Alaska Task Force on Firs Prevention and Control in the Office of the Governor to complete the work of the previous task force of the same name. Directs the task force to review the causes and nature of firs loss in the State, study fire protection agencies, and recommend improvements to fire prevention and control. Abolishes the task force after 120 days. (RD 687) Effective Dates Juas 22, 1984 CHAPTER 125 - PROSECtMON OF IHDIGEMS BY WNICIPALITIES Requires a municipality that prosecutes an indigent person for violation of a municipal ordinance that is a serious crisis to pay for the services of a court appointed attorney. Permits the municipality to order y the defendant to relaMurse it for the costs of the attorney services and other court costs to the extent Oat the defendant is able to do so. HCS CBS 255 (Fin)) Effective Dates January 1, 1985 CAPZBR 133 • POWER COST EQUALIZATION PROGRAM Amends the power cost assistance program. Changes the new of the program from power cost assistance to power cost equalization. Establishes the combined man power cost of Anchorage, Fairbanks, and Juneau so the threshold for subsidizing power costs in other areas of the State. Sets conditions and limitations on the provision of a power cost equalization subsidy to the customers of a utility that produces small quantities to high -cost parer using dissel fired generators. Requires eligible utilities that have not done so to apply for power cost equalization if 25% of the customers of the utility petition for the subsidy. (HCS SB 376 (Res) m H) Effective Dates October 1, 1984 CHAPTER 152 - LAND DISPOSAL AND MANAGP.MM Revises numerous provisions of Title 38 of Alaska Statutes as well as certain provisions of Title 29 that :dots to lend. Requires that legal and feasible -cc as be provided on the Sete of state land. Requires that surface accoan meet local aubdlvinion ordinance. Y.atablinhos n revolving fund within the genernl fund for subsequent appropriation to the Deportment of Natural Resources for costs incurred by the Commissioner of Natural Resources in implementation of state land disposal programs under Title 38. Provides that the appraisal made in preparation of the sale or lease of state land remain valid for one year. Amends the law relating to legislative approval of land exchanges under AS 38,50. Adds provisions regarding preference rights for the correction of administrative errors or omissions of a state or federal agency processing application for land. Amends the provisions of law regarding agricultural preferences. Amends various provisions of law relating to bauxites, remote cabin permits, homesteads, and trapping cabin permits. Allows bidding at auctions of state land to start at not less than 70'% of the appraised value of the land, Gives a veteran a 25% discount on the purchase of state land in certain cases. Requires state compliance with municipal subdivision ordinances that require capital Improvements. (HC6 COBB 375 (Ind Res) am 11) Effective Dues Sections 1.87 take affect July 6, 1984; Section 88 takes effect October 3, 1984. MAPTER 153 - ALASKA RAILROAD CORPORATION Establishes the Alaska Railroad Corporation in the Department of Corweree and Economic Development to manage and operate the Alaska Railroad. Requires the board of directors to submit a report each year to the Governor and tho Lagiaiature describing the operations and financial condition of the corporation and Including an analysis of potential sale arrangements whereby the corporation may be transferred into private ownership together with documentation of offers to sell the corporation. Requires the board to submit a state oversight report before undertaking certain activities relating to the management of the railroad and requires legislative approval before the corporation may convey its entire interest in land, issue bonds, extend railroad lines, or lease land for a period in excess of 35 years unless the right to terminate the lease is reserved. Requires the board to adopt and annually update a long-range capital improvement and program plan. Authorises the board to manage railroad land and exercise the power of eminent domain. Establishes the railroad labor relations agency to resolve labor issues involving employees of the corporation. Allows the Governor to provide for the sale or lease of the Alaska Railroad and dissolve the corporation if certain condition are met and if the Legislature approves the sale or lease. (SCS CSH8 512 (Pin) as S) Effective Dates July 6, 1984 CHAPTER 169 - HYDROELECTRIC PROJECTS Establishes the power development revolving loan fund in the Department of Comwrce and Economic Development to loan money to finance of refinance paver projects constructed by the Alaska Power Authority. Combines the Lake Ty", Swsn Lake, Solomon Gulch, and Terror Lake hydroelectric projects into one single project for purposes of power cost calculations. Amends the power cost calculation mechanism of the energy program for Alaska. Authorizes construction of the Bradley Lake hydroelectric Project at stated construction costs. (HCS COBB 411 (Pin) an H) Effective Dates July 14, 1984 CHAPTER 170 - PUBLIC EXPLOMS01 RETIRP,IIEM SYSTEM Dolores the requirement that a person oho served as an elected official before January 1, 1981 must claim prior service and asks retroactive contributions before February 1, 1983, but requires payment of accrued Interest on the required contributim from July 1, 1984, Under specified conditions, allows an employes to claim credited service for prior service in the Civil Service Retirement System rendered as an employes of the Alaska Bureau of Indian Affairs other than service as a teacher. (HCS CSSB 469 (Pin)) Effective Dates July 14, 1984 VETOED - GAMES OF CHANCE AND SKILL Changes the fees, reporting requirements, and procedures for obtaining a permit to conduct gases of �( chancs and contests of skill. Establishes guidelines for a qualified operator to conduct these �,J}]► activities for a municipality or other qualified organization. Amanda the procedures for notification of and protests by a local government regarding the conduct of games of chance and eontests of skill within the jurisdiction of the local government. Allows the Commissioner of Revenue to asseas a penalty against a parmittes for failure to timely pay a required license fee. (COBB 50 (ale)) (907) W1325 105 MUNICIPAL WAY, SURE 301 (907) S8"526 AINEAU, ALASKA 99801 17.{A5 19 p, �Y LEGISLATIVE COMMITTEE CONSIDERS POLICY AMENDMENT$ �e22z 12uL�. -` The AML Legislative Committee, chaired by Gail Phillips of Homer, will be meeting August 29 and 30 in Sitka. At the meeting, the Committee will review the 1984 Policy Statement, the activities of the 13th Legislature, and State and federal administrative, legislative, and judicial actions in general. The Committee will then make recommendations for policy amendmente to the AML Board of Directors who will also be meeting in Sitka on August 30 and 31. The policies, as amended by the Legislative Committee and approved by the Board, will become the basis of discussion at the annual conference, November 14-17 in Anchorage. Please review your 1984 Policy Statement from your community viewpoint and sent written suggestions for policy adoption, amendments, or deletions to a committee member or AML staff. i, t MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES vice a=a�•�;G_.:�-_rt.;, _..- rya,.. wp ,r...a �', +f s. .. .. f u i `r i { 1 J r I - I •ra yy :, I A l'UUL$C LIURAIIV IN fARVICK G8NG9 1049 BOX 107 KENAI, ALASKA 99611 Library Cards Issued July, 1934 Kenai 241 Clam Gulch Kaoilof 4 King Salmon 1 Nikiahka 9 91nilchik 1 Soldotna 58 Sterling 6 321 Library Patronage..... 7,889 Peroolic .. I �rvFo -7 !AXL KJ M�/�/�LEI�E� 0. Volume S, No. S ALASKA MUNICIPAL LEAGUE Auflust, 1904 Iyilit;3AM1i�f' `` ,i '�i ; ^• I 1 d'1 ''''� l�f, It Y 11 Y Y 11 Y N Y w 'l f �IA� 'r{►"�4t1 I S � 1 •,ur.*�,Pw, .,, N 11 H a u w a N H w w t!l����f//��Qf//f a• �„ •,•,,. �„ tt It t1 N N N N 111 ■ w ,- �yAffff�� •:••.xna+ a.. . tt NY Y w1/w N Y 11 „n .,,� n��1 •� �" 11 0411NwNNw N/t 1 1 ttNNw■ttrMwN - 1 �1 ""i•••. 1.•++ 1 • , ■,fit ■ N It w N M M w I' . .•.�. • ,y,1� w~� •, i■ja 11 N N Y NWIN �. , '; f!' .Lri'1i1,"�o �r.3Tdi • �■ wYM+ � r M N 'iJ( r' t w .N . ■ �■ xi�,.stt+ tntrst�wl ���, �� i, �.a., ' �f`t'I �S� _ !.�• ,Ixp, � ^ 1 � � � 1 Ilr MJ/� / �1 iii � � � �.1, • r1 � �� P . AL�: c:rxn.tSitwri TO (SITE OF THE AML 1984 LOCAL GOVERNMENT CONFERENCE November 14 - 17, 1984 Anchorage: A Glance Through history by Evangeline Atwood The Upper Cook Inlet Tanaina, a branch of the Athapaslan Indians, harvested the rich noted numerous Russian trading posts along 1914 to Incorporation P resources of the water and land around prey- the inlet, Along with the ruthless fur Imclers gone y teams, scoutin routes for an Aldsk,t g en'day Anchorage, traveling and trading in- land to the Susitna and Copper River areas, camp Russian Orthodox priests, who tra• veled among the nomadic Tanaina bands, railroad, camped on the grassy flats along Ship Creek, noting the' dense tiniber, many and south along the Kenai Peninsula, They probably arrived in the area about 1650, dis• Part of their legacy, a Russian Orthodox church built in the mid-lW)N remains at bears, and hundreds of mountain sheell' on the mountains above, placing an earlier population of Eskimos all along Cook Inlet. Eklutna (on Anchorage's northern edge), a winter village of the Tanaina dnd major Already an esidblished anchorage for Cook Inlet sailing and steam ship travel, the 1778 Through the Russians crossroads of local trails, Alaska traded the double ensign flat; for site proved ideal for the midpoint construe tion headquarters of the government owned Searching for the Northwest Passage, the stars and stripes in 1867, with the pur• famous English explorer Captain James Cook chain of the territory from Russia, In 1088, Continued on Yagv 1 with officer William Bligh sailed the two prospectors struck gold along Turnagdin ships, Discovery and Resolution, into a long Arm on Anchorage's southern boundary, inlet of the Pacific (Xean which today hears and the mine% at GirdweNXI and Craw Creek Cook's name. Near what's now Fire Island boomed, yielding up their precious yellow (the western boundary of present day An. metal to sluice boxes and pans. From there, ehorage), Captain Cook faced the impene• miners headed north, crossing the Anchor- trahle mountain barrier around the forrested age bowl to fan out through the Susitna and bowl. He ordered his ships to turn around, Matanuska basins. Knik, directly across Knik naming the arm to the land's south "turn- Arm from the present day city center, mush- again. The arm to the north later became roomed into a bustling mining Tenter, with 1,nown as Knik Arm. Tanaina natives paddled ( 1 to trade rich pelts and pieces of salmon supply routes leading even into the Interior gold fields via the tditarod Trail, Today, this C," ,•�i 'r nd halibut with the English, Dressed in furs historic trail still sees dogsled travel, as the i 1� of sea otter with glass bead decoration, they annual 1,044 mile Iditafod race challenges r� carried weapons of iron and copper, men and women and their dogs to mush testimony to contact with Russian traders" from downtown Anchorage to Nome on the Sixteen years later, Captain James Vancouver Bearing Sea coast. A renuns fdmdy of th1• Knik aN to yt#* I' C.ontinuvd bom Page 1 ratiwey trim Seward a, Fm y.stiks. n siam- pedo tent city sprang to Iife along the creek, ar wutketi and others hustled m, ueating a frontier boom town reminiscent of the early day American West, July 10, 1915, some 2,000 residents gathered for the beginning of an auction of land In the now townsite, on the southern bluff above their tents and log sidewalks, Anchorage moved up, and shed its newborn fooling. Taking on the permanence of two and three story build. Ing%, Including the Pioneer Schoolhouse (now located at 3rd Avenue and Eagle Street), a movie theatre and hotel, it blossomed in 1920 into an incorporated city, Young Adulthood In the late 1950s, the city leaped forward agaln, this time as the headquarters for modern-day prospectors tapping the rich oil and gas resources of Cook Inlet and the Kenai Peninsula, On June 30, 1958, seven - Inch high headlines on theAnchorage Times proclaimed "WE'RE IN," and residents poured down to the Park Strip to celebrate statehood with a bonfire of 50 tons of lumber — honoring Alaska as the 49th state, with an extra ton for eventual Hawaii statehood. Following the Good Friday earthquake in 1964, Anchorage people pulled together in true frontier fashion, rebuilding and treat• ing new places to work and live, Settlement of environmental issues and the land claims of Alaska's Natives signaled the start of the most recent rush north, this time for the "black gold" of Alaska's North Slope and construction of the trams•Alaska pipeline. New people brought new Ideas and energy to the bustling Anchorage area, Today, more than half the slate's 460,000 residents call this area home, spent the past thirty years researching and writing Alaska't social and political history. She and her husband, Anchorage Times Editor -Publisher Rob Atwood, were active in �hoc'hoor sApautbcehihfJus North, lirsoxhrxeaddg. e,toAAhnecllrh•AtowmraoegrebicoaoStkaCsr iotoyn,f she chronicler the people and events of this area,, past and present. Revenue Sharing Task Force ... Meets for Second Time The Governor's Shared Revenue Task Force, headed by CRA Commissioner Not. ti, met officially for the second time July 17 by teleconference call. Doug Griffin, Deputy Director of the Division of Municipal and Regional Assistance, reviewed the Depart- ment's ten (10) preliminary recommenda• tions for the Task Force. Commissioner Not. ti stated that he wanted to push for getting the recommendations to the Governor for his legislative package once the recom• mendations had been reviewed by the Task Force members. The first recommendation was to combine the States Revenue Sharing (RS) and Munici- pal Assistance (MS) Programs. This is sup- ported by the League and was called for in the Title 19 revision legislation, HB 172, The second recommendation was to tie the for- mula to need similar to the tax equalization formula in Title 29, Chapter 88. Griffin said the Department recognizes the concern of municipalities regarding the unpredictabili• ty in funding under that formula; therefore, the Department also recommends using prior year data, except for roads and clinic funding, which would cause communities experiencing significant growth to suffer. The Department, in its fourth recom- mendation, proposes to raise the minimum entitlement for incoporated and unincor• porated communities because incorporated communities that receive funding under RS and MA are already over the current mini- mum, Operating costs have increased be- cause of new capital facilities, and inflation has taken its toll since the current minimums were set, Although the Department did not set a figure, Griffin mentioned the $100,000 and $50,000level in last year's HB 317, The fifth recommendation was the fund unin- corporated communities for road mainte- nance. The sixth recommendation deals with clarifications as to definitions and interpreta- tions of current statute language, e.g. local- ly generated revenue. The seventh recommendation was to con- tinue the distinction between cities and boroughs and unincorporated communities because the municipalities are required to provide certain services by the State, and the Department wants to provide incentives for incorporation. The eighth recommendation was to provide funds directly to all unin- corporated communities Statewide including. those within boroughs. Keeping the applic( r tion process and procedures simple was th . ninth recommendation, And, finally, the tenth recommendation was forward funding recommendation for RS to provide the pre- dictability desired in recommendation M3, Present for the conference call were task force members; CRA Commissioner Notti, Mayor Walley of Fairbanks, Mayor Solomon of Fort Yukon, Mayor Mallle of Soldotna, Mayor Dapcevkh of Shka, Bob Miller of Dot Lake, and Representative Mike Miller of North Pole. Also in attendance were- Mike Scott, representing Senator Ferguson of Kotzebue, CRA Deputy Commissioner Smith, Mike Walleri with the Tanana Chiefs Conference, Sana Elite, Greg Erickson, and Dick Emmerman with OMB, Milt Barker with the Department of Revenue, Doug Griffin and John Cecil with CRA, and Scott Burgess, AML Executive Director. In the discussion of the Department's pre- liminary recommendations, Mayor Dapce- vich and Walley urged the Department to develop a formula based on need that rewards good and frugal government rather than penalizes them, Mayor Walley stated that many of the recommendations had been discussed before and maybe the Task Force should be "bolder" in their shared revenue approac Mh Mayor Maille said he thought the reco mendations were good but added that fund- ing for new municipalities should be con- sidered by the Department, Mayor Solomon said the Department should not force non- profit groups to incorporate, and the formula should not differentiate between communi- ties, He also raised the federal revenue shar- ing shortfalls, but was told that was a se afate issue and probably would not be addressed by the Task Force, Area differen- tials and progressive rates based on popu- lation were discussed, Bob Miller, of Dot take, asked the De- partment to consider a paper developed by Mike Walleri, Tanana Chief Conference, This report, among other things, calls for the RS and MA programs to be funded by a separate trust fund created by a two year appropria- tion of RS and MA funds by the Legislature. Walleri's report discussed the distinctions Continued on Page 8 AML NEWSLETTER IDS Municipal Way • Suite 301 • Juneau, Alaska 99801 • S86.132S STAFF: Scott A. Burgess, Executive Director Marilyn Miller, Director, Program Services Susan icing, Editor, Administrative Assistant Pale 2 August, 1984 Alaskans at NACQD Nine Alaskans traveled to Seattle, Wash. Ingion to attend the 49th Annual Conference of the National Association of Counties (NACo) July 7•10. About 4,000 elected and appointed county officials and guests at. tended the conference from all over the U.S. In addition to reviewing and amending NACds policy statement, American County Platform, and electing officers and board members, workshops anti events filled the four -day meeting. Attending the conference from Alaska were; Don Smith and Jane Ferguson from Anchorage, Tommy Corr, Betty Glick, David Carey, and Jonathan Sewall from Kenai Pen- insula; Ed Kalwara from Juneau; Jerry Norum from Fairbanks; and AML Executive Direc- tor Sum Burgess, Speakers included Washington Governor Spellman, Naisbitt Group Vice President John Elkins (Megatrends), HHS Secretary Margaret Heckler. and NBC newsman and fd►banks Nonh Star tlaouo; Tommy Corr, Kenai Peninsula !lorough; and Don SmA, Muniapaf jy o/,Irxhnra�p author Edwin Newman, President Regan ad- dressed the group briefly by videotape. gross receipts generated from national forests to a tax equivalency basis, In FY 83 Alaska General Revenue Study The law MI.98.185) that re -authorized the Workshops dealt with a myriad of issues af• iK Y feetin local g government including tax received $3,671,945 in PILT payments for schools and roads, general revenue sharingr program in 1983 for three years also called for the U.S, Treasury ' policy, health care, liability, communica- tions, and economic development, NACo, while recognizing the 25% formula is not a perfect system, passed a resolution to conduct a study of federal, state, and local fiscal relationships, in consultation with NACo Addresses under its public lands platform opposing the tax equivalency approach which ,potentially reduces the counties' share U.S. Forest "recognized organizations of elected officials of state and local governments" (e.g„ NLC, of revenues and at best restructures the formula NACo, USMC, etc.). That study is underway National Issues Into a difficult to compute and questionably and has the potential of having major Im- pacts on the whole intergovernmental Anti-trust liability, proposed forest receipts fair redistribution of revenues." revenue sharing program, Robert Rafuse, Jr„ Deputy Assistant Treasury Secretary heads payment changes, the Tax Reform Act of 1984, the new general revenue sharing study, up the study and said fiscal capacity is the cornerstone of the study, and the Lawrence County vs Lead Dead- wood School District case were some of the Tax Reform Act of 1984 The House and Senate both approved the The study, to be completed by June 30, 1985, is all encompassing In Its area of study, more important issues discussed at the NACo conference, conference report on HR 4170 June 27, 1984, sending it to the President for his The study will calculate the formulas used to Antitrust Immunity sig- nature, The provisions of the bill, part of a allocate revenue sharing funds and op - tions for changes, especially the "represen- Time remaining in the 98th US, Congress is wanfng, and, therefore, the hopes of fed- larger federal deficit reduction package, are projected to raise close to $50 billion over tative tax system (RTS);' It will include an assessment of measures of the relative poten- era) legislation granting antitrust immunity to local governments, similar to that given the next three years, The legislation restricts state and local authority to issue tax exempt tial capacities of state and local governments to finance their service responsibilities. The i to the states, are slim, Actions on an appro- prlatlon bill by the Senate JudiciaryCommit- industrial bonds (ADBs). States will be re- quired to limit the volume of IO8s issued to longterm outlook for fiscal conditions and capacities of federal, state, and local govern - f tee would limit antitrust violations found against local government to injunctive relief either $150 per capita or $200 million, Exec- tive lobbying by the AML, NLC, NACo, and ments will be reviewed and turnback options explored to match revenues received and 1 only, rather than treble damages, NACo Ex- ecutive Director Matthew Coffey said that others got the $200 million minimum for states such s Alaska which have a great need services provided, The consequences of the cyclical behavior of the economy will be this appears to be the best that can be ex- petted this year; although bills providing im• but a small population, in 1983, Alaska issued $447 per capita in I08s, With the S200 million floor, Senator analyzed in light of the federal grant process and the abilities of the state and local gm- munity for local governments are still being discussed, in any event, the lobbyists to O;C, which Murkowski and Congressman Young indicated to the ernments to minimize the adverse conse• quences of the fluctuations, say there is support and commitments in Congress and by the Administration to ad- League thatthey had Jim tt is f585 capita rather PthanlaskaSiSOs lion of fetal aid and review theill evaluate the overalldfedei al dress the broader immunity issue next year, under the act, However, in 1987 the S2W million floor is lowered to pod million, gram formulas. The study will even go so far as to assess the impacts on state and local (� fr mg RwdpWbx Equivalency `` While the Administration is now support- Other major provisions of the legislation , include restrictions on sale -leasebacks and governments of possible changes in the In- ternal Revenue Code relating to the deducti- - ing the $105 million for PILT in FY 85, the same amount as FY 84, It is also consider- tax exempt leasing by state and local gov ernments, Also, the big extends the mortgage bility of state -local taxes and the tax exempt status of interest payments on state -local ing ehastgtng the 2S% payments to boroughs revenue bond program for four years, securities. Continued on Pope 4 AML Mewrlelter Page 3 a - -- Continued from Page 3 Iawranra f AuwIV i'.s� NACo has filed an amicus brief In the U.S. Supreme Court in support of Lawrence County and urging reversal of the decision of the South Dakota Supreme Court. The State court said that the State has the authori. ty to require Lawrence County to distribute Its federal PILT payments in the same was as general tax revenues. NACo and Lawrence County maintain that the Federal PILT act gives total discretion to the county in the use of the funds and the State law is void under the Supremacy Clause of the U.S. Consti- tution. NACo officers & Alaska's Votes Phil Elfstrom, Board member from Kane County, Illinois and NACo First Vice Presi- dent was sworn in as the new NACo Presi- dent July 10. Eifstron takes over from Sandra Smoley, supervisor from Sacramento Coun- ty, California. Ms. Smoky addressed the AML at its annual conference in Juneau, Novem• ber 1983, James Snyder, County Legislative Chair- man of Gttaraugus County, New York won the hard fought race for NACo 4th Vice Presi- dent, putting him In line for the NACo Presi- dency in July, 1988. Anchorage Assembly Member Don Smith was reappointed to the NACo Board of Directors by Elfstrom at the request of the AML Board. All 11 of Alaska's boroughs and unified municipalities are eligible for membership in NACo with a potential of 1S votes which are based on population (Anchorage gets five). Unfortunately, Alaska was not able to exercise its full voting potential. Only An. chorage, Juneau, Kenai Peninsula Borough, Ketchikan Gateway Borough, and Sitka are current members and only Anchorage, Kenai Peninsula, and Juneau sent voting delegates. Just as it is in AML, voting is used in de- veloping the policy platform and electing officers. An organization such as NACo and AML is only as effective as the Participation of its members. AML members should talk to those who attended the Seattle conference and if they think the NACo meeting was worthwhile, the others will hopefully join and send delegates to future conferences. Next year's WIR conference is In Reno, Nevada, April 23.26, 198S, and the NACo Annual Conference is in Orlando, Florida, July 13.16,198S. Of course everyone will be at the AML Conference In Anchorage, No. vember 14.17, 1984. Annw Ripmnyal Budget Stabilization Insurance Towns and municipalities will be able to get help next year from the onslaught of the snow season with the new catastrophic snow removal budget stabilization insurance pro• gram being offered by the National Union Fire Insurance Company of Pittsburgh, Penn. sylvania. This program has been developed and is being offered in conjunction with the brokerage firm of Johnson & Higgins. The purpose of this insurance Is to help municipal governments maintain balanced snow removal budgets by covering budget - overruns caused by excessive snowfall. Each policy has an annual deductible based on an actuarial formula. This formula Is calcu. lated from the municipality's historic snow removal expenses and actual snowfall amounts over the past 40 years. These data are then used to determine the municipai- itys normal amount of snow and the cost per inch of removing it. If a municipality is con• fronted with more than normal amounts of snow, the policy will[ pay the cost per inch of removing it multiplied by the number of inches of snow above the norm, up to the limit of liability, which is $t million. This product seems to serve a very real need among governmental entities, When a municipality substantially exceeds its snow, removal budget, the additional funds must be raised by increasing taxes or by cutting back in other budget areas. The municipali. ty cannot afford to leave its streets unplowed, so it must find the dollars elsewhere. While the premium is not minimal, it is a known quantity and therefore more easily appro. priated during the budgeting process. Transit Association NASTA grew out of a series of discussions held by rural, small and specialized opera- tors at three national meetings in 1983, This movement resulted in a formalized network that incorporated as the NATIONAL ASSO- CIATION FOR TRANSPORTATION ALTER- NATIVES in February,1984, Some of the ob- jectives are; • Maximize federal resources and incen- tives to encourage and assist the develop- ment and expansion of rural, small and specialized transportation systems, • Educate the public about the importance of rural, small and specialized transit; • Encourage innovation and diversity in the delivery of services. For more information, contact Randy Isaacs, President, NASTA, 1719 West End Avenue, West End Exectutive Building, Nashville, Tennessee 37203, (615) 327-2133. i�isa j'vi � ►7ci�i�" CARS Relief The Alaska Conference of Mayors met in Anchorage July 13 and passed a resolution asking the State for $12.7 million to offset the 36% decrease State�wlde in Federal Revenue Sharing Funds, Conference President Ion Halliwill, Mayor of Haines, chaired the meet- ing which was attended by majors and their representatives from nineteen munk;lpalhies across the State. General revenue sharing was first enacted by Congress in 1971 to distribute federal funds directly to state and local governments. Allocations for Alaska have varied widely, up and down for the past five years. This year Alaskan communities were told to expect an average cut of 36%; that cut was as high as 88% for individual communities such as Fairbanks. These funds are distributed based on a for- mula that compares Alaska to the U.S. for population, urban population, per capita In- come, state income tax, and tax effort, It is the last factor, tax effort, that apparently lead to the decrease of $12.7 million in Alaska. Tax effort looks at state and 1=1 taxes and aggregate personal income of a state com- pared to those of other states. In Alaska, perlf sonal income went up 14.9% (U.S. 5.9% due to an increase in wages and salaries and permanent fund checks, and local taxes went down 16.4% (US, + &7%) because of the 1982 shift to severance tax and lower world oil prices. These factors presumably caused the decrease in the GRS share for the State of $12.7 million, The mayors passed a resolution asking the State for "an Increase in the current level of State assistance to offset the $12.7 million reduction in federal assistance, because of the change in State tax policy (see related issue under "NACo Addresses National Issues" in this issue), The group also discussed the panspe of MR 3282 last week by the us, House of Rep. resentatives, This legislation, intended to test shallow east coast saltwater rich In shell, fish, Jeopardizes chances of Anchorage, and all other Alaska communities, of ever receiv- ing a 301(h) waiver, according to Robert E. Smith, General Manager for the Anchorage Water and wastewater utility. This forces An. change, reported Smith, to face an addi- tional $100 million expense. The next meeting of the Alaska Confer- ence of Mayors will be at the all of t1 Chair. if lt is determined that a fill meetin Is needed, the site will be Valdez and the date probably mid -September. POP 4 Aufuf41984 Study summarizes Training needs The Consortium for Alaska Municipal ,aining (CAMT) has published Training Ids of Ahu4 Second Class Cities, Summary Report, May, 1984. The report summarizes the results of a survey conducted by the or. ganization. The publication signifies the first major achievement of CAMT since Its forma, lion In 1982 by representatives from the Alaska Municipal League, the Department of Community and Regional Affairs, and the University of Alaska, including its Coopera- five Extension Service, The purpose of the survey was to assess the training needs of public officials In small cities and to deter• mine how best to meet them. Major findings of the report arr • The general area in which there is the greatest demand for training and informa• tion is in the acquisitlon and administra• tion of funds, • The single most demanded area of train- ing Is in the workings of state and local government. • The Department of Community and Re. gional Affairs is one of the major sources of Information for officials in small cities, • Although most communities have a strong commitment to training, they t teither do not or are unable to allocate funds for this purpose, • Not all problems faced on the job by city officials are the result of a lack of informa• lion or training, Some are a consequence Of lack of physical facilities, office equip• nwN, and adequate pay, • one of the most Important reasons for of. ficials to attend training sessions is to meet fellow professionals in other cum. munities. • The city clerk Is the most widely used of. ficial in small communities and often per. forms several other job functions as well, • The average city official in a small Alaska community has worked for his/her city for only one year and seven months, and the average time that he/she has held his/her present Job with the city is only one year. • Almost 95% of the officials graduated from high school, almost 52% have had some college, and 17% have graduated from college, Reference copies of the report are avail- able in the League office or you may con. CDr, Clive Thomas at CAMT, c/o UA) Pcsli- 1 Science, 11120 Clacler Highway, lutim, Alaska 99801 or phone 7094404 in Juneau and 78&1886 in Anchorage, . G' ..cwncs.s. a�4t��N.aGl1 a►lill ►'c�ri 1111�1GI'i� have lives A kitchen fire in a Cobb County, Georgia apartment recently showed the effectiveness of residential sprinklers, The fire occurred in an apartment in a building equipped with a sprinkler system approved by the county Just three months earlier. According to re, ports, burning oil In a popcorn popper flared when the resident applied water to ex• tinguish the fire, The responding fire department, arriving approximately four minutes after being called, reported that the fire probably was extinguished before the department was called, Firefighters reported that apparently one sprinkler head activated and operated for approximately three minutes (each head is designed to dispense 18 gallons per minute) before the building superintendent shut off the system, The total damage was estimated at $300, including smoke removal, water damage, and the replacement of the popcorn popper and sprinkler head, The sprinkler systems were installed in Cobb County on a voluntary basis, The county granted code modifications that enabled developers to install sprinkler systems in apartment complexes at no addi- tional cost, In Scottsdale, Arizona, and thrrxeghout the state of North Carolina, building code re• quirements have been relaxed for builders who Install sprinkler systems in some new construction, The substitution of loss are resistant materials, more flexibility in the Placement of windows and exits, and higher unit densities can create enough savings to make installation cost effective, In tome localities, sprinklers are man. dated, Dallas, Toms has recently revised its code to require sprinklers In all buildings over 7,500 square feet, Developers have the option of installing sprinklers and thus changing other code requirements in single family houses as ww.11, San Clemente, California, mandated sprinklers in all new residential construction In 1980 to minimize the costs of fire protec. lion for new developments, Because they keep fires small, sprinkler Systems can reduce local firefighting costs, especially when used In combination with smoke detectors, As a result of limiting the spread of fires, sprinkler also reduce risks for firefighters, Reduced property losses are another benefit, residential losses were $3 billion in 1981, Demonstration fires show 80% less damage In sprinklered rooms, Fire breaks out in one out of eve ten American homes each year, The US, has the highest fire death rate of any industrialized country In the world, Most of these 8XW fire deaths Per year occur in residences, Residential sprinklers, combined with smoke detector, can save lives and reduce Injuries, as well and Money At minimize fire and water damage, experts say, Other benefits of automatic sprinkler systems include tax incentives and reduced insurance premiums, The State of Alaska enacted a law in 1981 that provides for a 2% reduction of asu.wd value (for taxeq of any structure protected by a sprinkler system, Some municipalities are considering reduce- ing tax assessments four to five percent in sprinklered buildings, Public Technology, Inc, (PTI) has joined with the Federal Emergency Management Agercys US, Fire Administration in an ef• fort to promote residential sprinklers to local governments nationwide, A committee of public and private officials is assisting with this effort, For a free package of information contact Ellen Albright, Program Director, Fire Safety and Emergency Management, Public Technology, Inc„ 1301 Pennsylvania Avenue NW, Washington Dr, 20004, (202) 626.2114 — County News — Smith Appointed To Board Don Smith, Assembly Member from the Municipality of Anchorage, has been a Pointed to the AML Board of Directors to fail the term of former board member Perry Lovett, Q" X800AW 11,0800acf es Congress o/ Class atnd 9sposfNon 1984 November 24,20, 1984 Indtanapolso, Indwo past s r C Mumupality/Urg.uxiabon _ __ _ _ _ _ City Itegistration Fees: Member, $115,00 before Novern1mr 9; $140 after Noventher 9 Non•Membm: $140,00 hcdore Novembw 9; $150,00 after Novomixrr 9 Spouse; $95.00 Fxrfure Novernfmr 9; f100,(X) after Novernix-r 9, Spouse Narne: No cancellations will be accepted after 4:00 p,m, PST • November 9, 1984, You must cane el before Chet time in order to get a refund on your registration fee, Please mail regisfrafian forms to:' Alaska Municipal League 105 Municipal Way, Suite 301 Juneau, Alaska 99801 ANCH01tAGE WESTWARD H 1 LTON - HEADQUARTERS HOTEL Located One Block From the Egan Convention Center he Friday nixiri 1,anquet and Startrght W(eptum will he at the Anchorage Wcrstward, and they are Owing special convention rate6 rd S53 • angle; and $0 • dr.uble, Al.' other funttHxcs well be hek! at the Fgan Convention Ce"for, AM Newslette► Page 7 ; r U, Continued from Pape 2 u lariweem srulrprc#ii Krw►!i#nu iv#iivn vumHr governments (NVGs). The report also states that under the present prDJlrant, unini-WI)OV ated communities received 1.1% of all the total of FY 84 RS and MA funds; whereas, the total population of unincorporated com- munities (1980 census) was 2.1%n of the State's population not including McCarthy, Eona Bay, Kenny Lake, and Port Protection. Commissioner Notts closed the meeting by saying the recommendations would be sent to the Task Force members for comments, revit+wed, and finalized for another meeting near the end of August. The AML staff will comment an the recommendations based on the 1984 Policy Statement, Official Notice The Alaska Municipal League annual business meeting will be held in the Egan Conven- tion Center at 9:00 a.m. on November 17,1984 - the last day of the 34th Annual Local Government Conference. Main agenda items are adop- tion of the 1985 Policy State- ment and election of officers for the upcoming year. The AML Newsletter Wants Your Advertising! We are extending our offer to associate members. Place an ad in the newsletter for six months and receive six months free! Or, place an ad for three months and receive the fourth month free, All other advertising will receive a 10% discount. This offer will be good through September 30, 1984. Contact the League office for details and rates, PROFESSIONAL DIRECTORY Alllhe /'Aims and.lfsociations in thisdrrectory have demonamled thetriupport lotlaca/gnvem- meet by becoming afllAved with the league. Please take time to look through the directory and show your support for uur Associate Members. Alarcon RwchfmI Anchorap, Alaska 9910) Alaska Airlines, Inc Sesdac Inter ific A A saw PO &ie 669M stalk warluMfon 96186 Alaska Murwpol flood &ask 601 W fifth Aw., Sur* 410 Anchorap, Alaska 99502 Alaska U S.A. hdAal CrMA Union Pouch 6611 Archorale. Alaska 99501 Appusal C.ompAny of Aleska 4460 Business Park Bnulmdrd Andwap, Alaska "S0) Arthur Young any Company 1011 W 4th A,*. Suit* 600 Axhaep, Ali" 99SOI Atlamic Rgtd*W Company am 160 Anchorage, Alaska 99510 Birch, "Mon, 11wrw, Monroe. Preampr i Andtrson 1127 W Sewnih Ae. Andscrap, Alaska 9501 Iloertchet i Ca 1011 W. FIX41h, Newulion Tosser Anchmap, Alaska 99501 cenwy [nyneen A, Plarren, Inc. 500'ti' %Iran, SUN* 200 Anchorap, Ali" 99so1 CH2A1 IMF 25so Oenall AAchnrap, Alaska 19501 CMmmUSA 0010117619 Ancharap, MAU 99s10 caroms i Arad, /IW.0 4220 "Y' fired Anchorap, Alai) s 9910) � s 1030 Thomas IeM~ st. W41101oyon, OC. 2W Qrwmrrrl OF eanwwfwy and Ibuch 9 A~, Alaska 99911 oryMnwse ol tnviranmerm finsmalmn fbuch o I meav, Alaska "1141 oupim and Awxuw sin Slash AseMle lsrrrau, Alarha 9980t IMPS rownewass W) I" Ill? hwr4u Alaska 90M Iseoneomp". Usk Mouth, Vol Anthmap, AIAOra 9M Finn smahis" company MraarUe Bsisk wuMins "las, Tenn 75201 Jostrtand MarlhW 51/1 MA Are AnchorAp, Alaska 99501 Frank 0, 11411 6 Company S10 "L" St., SW lo0 AnchoaM, Alaske 99101 Hohkn, Gedrin 6 Aim&" 1710 Davis Ae. limaesl, Alaska 99801 Plhn Nuwen any Company 109 S laSAlle St ch walyi. IllosiAl*7604 Kramer, Chin A Mayo 124 W hhh St. Juneau. Alaska 9MOI local Government SpecunAs PD BmA 1519 Juneau, A14SW 9M) Main Hutdman toot NOW al 4-dunks, Ala" 99701 Merin, Lynch, Rau, former s smrh %at "C" St., "hrAAe sun* W. Anchmp, Alaska 9950) Murray Walsh 1219 Tonpts BW luessau, Alaska 991101 National link of Alaska PD Brie bw Arschorep, AWU 99501 NC. MKIIMM CM Pa.. 1101121 X Iwtaaa, Alaska 99M ofrq of WWv1 dam Manspm mr (Mich AS Juneau. Alaska 99611 f1call Many", Mach Will Ca 601 W. fifth Asenw Andwirgr, Alaska 99501 Pod triorshe" WChikan, Alaska 99901 PON", Thwyki ion, IKie and Holm m low tom VA4 leafft w homnow 96101 FAWN aWtw, sorwiliN Inc. III Marl Ara., Sia" 1750 SaKle, Washw4on 96101 Quadra IM MserMs 4011, frrarseed Lane Andart/r, Alaska 99501 Ralow NMtmrrA link to, lee 14W saws, wahinswis 98101 R Is O k4easrk lac. 1020 riunnrwAS Or., Wile 9 Mchorap, Alaska 9M) Real tire* lawicAs corpwarmin fit W. fireweed, sure 107 Arc WW Alaska WWI Rredsl 6 stmesiorial Po, W. DIO IOrllard, On ipa 97208 wdMn. Burdick. H~ of Alaska BM "K" st Attclrirap, AU "SOS SOHIO Alaska Mrolwm Phuch 6*12 Anchmap, Alaska 9MI falry, AM Asinciates ISO Blrnalle St., SuAe 101 fsirbanks, Ala" 99701 T1ppe0t AbhesaMcCjahyAti #ton 091 BuMrnals Park 81sd., •wire 1 Anchotep, Alaska 9950) Twnpl HAWS ceeirA Council One stdaski Flats, Suit* 100 lunesm, Alaska 9%01 URs /nynnn a)$ W t/Bhlh Aw. Anchoring, Alaska 99501 USKH, Ix. Isis "A" $1. Anchaarr, Alaska 99501 WANnn Airlines 1610 M! Imtma0onal Airporl Rd. Arrahmrap, Alaska 99102 wohNath any FIW 900 W. fifth AM„ Suft SOS Anchorap, Alaska 99101 Alaska Asset. of Ao*ss& rs Merl Sane h'lanloc, Presiden PD. see 69 iarrowl Alaska 99721 Alaska Assoc. of CNeh of fblke laws Henclerscirs,Pnsklent PD. Bin if" FWIVWI Alaska 917645 Alaska Assoc, of Mumlttpal Csds 4wee Nehan, pro" PD. BOA $70410 WaRk Alaska 99U7 Alaska Conierrxa of Moli M Son "ago", throw" PD Bma 179 ►taklek Alarks 9/827 Ali"Munkket ABalmara Asia. Jerry Wenrlw8*, /11111WEN /ouch "S0 Aethorasr, Astb 99502 Alslts Mw*lpal MWpIMN Assoc, Gen* MOpw, PaMWW W /mil 1S& Kolabw, Atoka Will Aladu Fsrks 6 111094048 Asset, 001 O, haudelit 155 S. Seward Sr. Juries, Atnks 9980► AUW TraneK Operalm AMa, Frank Main, ReMdent 155 S. $award St Juneau, Alaska 99801 Mimic" (mane Olken Assoc, Tam Garin, Rardwa Pa Bin 107 WWI, Alsika 996N Psye 8 August, 1984 AFL: 1.•S.ti.MJ�.I. l..iµ MrMl. / • • • ..,.. .Z- HTIn .+.: r,. a• . a'. _ - - _ '-"xv-�••-ter+--»rt-+-�----ti.-efw--r.. .1. CITY OF KENAI „Odea,adal44"„ 210 FIDALGO KENAI, ALASKA 09611 " - TBLBPNONB 283.7535 August 10, 1984 _. Us FROMs Wm. J. Keith Brighton, City Manager Kornelis, director of Public Works �(- SUBJECTS Guard Rail Fifth and Ash - $39498.16 Redoubt and Sycamore - $2,037.70 For Council Meeting of August 15, 1984 As per Mayor Wagoner's request, attached is a cost quotation for furnishing and installing _ guardrail. KK/jet J i H � R . �, i PENINSULA FENCE COMPANY ' 1_ GENERAL CONTRACTORS r,v. nvn i i in nn►vM�, MLi+$ni� vvo i i �* 283.4069 �f 'ti "Nip lubTon Vein To: e,, r�l O 4 lf: VWA / Quantity Description AZ6A / A AACA Z Invoice No. 0ate Price i 9J �� i to t� l ♦ 03 14 ..w e customer's signature Date ompany Signature Date Unless arrangements are made prior, A rcquim 50% of bid price down an delivery of material, Balance on completion of job, /, X u r CITY OF KENAI %od ea dal 4 4 210 FIDALGO KBNAI, ALA9KA 90611 TEUPHONE283.7535 August 9, 1984 TOs Wm. J. Brighton, City Manager FROMs Keith Kornelis, Director of Public Works SUBJECTS Federal EPA Grant Funds i For Council Meeting of August 15, 1984 Attached is the summary of the Federal EPA Grants Draft Priority List of Projects as compiled by ADEC. The first list is divided }, into two portions. The first portion will be the highest ranking projects ready to proceed next year and for which sufficient funding is expected to make a grant. The second portion will be the extended fundable list from which projects will be funded if additional funds become available or if higher °i projects on the fundable list are being bypassed. 'I The second list is the draft planning list from which future projects (after October 1, 1985) will be chosen for funding. Notice that Kenai is on this list for two different projects. KK/jet S i 3 ' ' DRAFT TOTAL CITY WA ELIGIDLE COST FAA DRtWT we DATE TOTAL EPA 4 1,171 NWILLA GTP-INT M- gum - 7,799,L00 - �'i 8418 7,789,5Gi i,141 NEKIME CKSTER CRO FORCE MIN 3"Im 299939401 8412 19,762,908 fundable I'm ANCNOm PT. 1WRONIOP EXM M 4I01 17,42875 8412 9LM,975 963 LWLAN BTP 1000" 31713,001 8013 349765,95 extended � 92 ARM IOoEI iu STP sXmION 1491M 18,657,381 $411 43,423,475 � 0 WE 8TP E1 N SIGN 218m i, mo 001 8412 4N 7%473 � 621 JINN If mol4u 1/1 508722 3,828,988 0411 49,827,463 J '�J ' ice{-.-. -.' -, .. -M.,_ . .•-. ,. ra v - _._,.,�. -- - _i_i_ - - Fj _ .. c,� ... ai .� _ y, n4AFT y iY 85 PIANNNINN LIST /')TOTAL CITY WE ELIGIBLE COST EPA GRANT AWARD DATE TOTAL EPA f 1,121 ANLINORABE WILL CREEK INTERCEPTOR 9653381 7, 241,125 $512 71209125 911 NORTH 61,00E Boom KAKTOVIK 0 3310101 11815,801 8511 900,125 878 DILLINEfIAN BOWE TREATMUT FACILITY 3200010 1,761,100 851/ 11,815,125 841 ANCHORAGE PT. 11ORON10F OUTFALL EXTENSION 1376" 10, 281, a 8511 21 196, 615 B21 JUNEAU IialOfJKU NEST VALLEY INTERCEPTOR 10795000 59881 801 8530 26 984 41S 8i5 GELDOVIA STP 1110000 SS0,811 8510 27#94,405 811 PETEASBURS own 19mm 11058,750 8602 28,593,1:5 730 PETERUM ON DAY INTERCEPTOR/STP 30170M 1,659,480 860E 30,232,S55 68/ NORTH ELOPE Boas NAINWRISHT STD 769M 41229,101 8510 341482,185 601 FAIROM STP EXPANSION l2000100 6,600,000 861E 41,N!82,155 << 600 HOER STP EXPANSION 341M 1,875,500 8511 4299 IMS 561 COROOVA La 900 INTERCEPTOR 1100000 64M Oslo 43,W2,52 560 CORDOVA POER CRM INTERCEPTOR 820100 451,001 8511 44,113,565 - - 581 f —► 581 MAIN mat SKI HILL INTERCEPTOR EAST KDIAI INTERCEPTOR 1310000 72%511 8318 44#734#063 1280010 714,000 8519 45,438,M S78 ANCHORAGE EAGLE RIVER WASTEWATER TREATMENT 126S0o11 Ni,95715111 871E W43940 559 VAIMI ROBE RIVER/ALPINE WOODS INT, I/I CORRECTION 7800001 40290 on Oslo 16,6423 520 iffm J-D SLUDGE MWATERINS 100011 34M 8511 57,078,955 S01 HAINES I/I 410M 225,501 8511 57,2%. = Soo on will STP Isom m%M 8511 58,121,OS5 410 SOLOOINA AIRPORT INTERCEPTOR 1696001 198/20811 8512 59,163,855 4M KENAI PENINSULA 9000 SEPTAGE INCINERATOR 1210101 661,111 8511 590823 0 401 �-►381 SOIMM mat RIVERSIDE INTERCEPTOR BEAVER LOOP WEST INTERCEPTOR 100101 AM 8511 59,87800 loom S6S,811 8518 60,428 0 NO WEER WAIN STREET INTERCEPTOR 245000 134,758 0511 61,563,61E 28/ ROOM STERLIND INTERCEPTOR 780000 32s,o11 $510 61,9480615 10 0 /f �I r _ CITY OF KENAI ""ad eapdal 4 4"010 210 FIDALGO KENAI, ALASKA 08811 - MOWN 283.7635 SUMMARY REPORT HANDICAPPED NON-DISCRIMINATION ` T0: William J. Brighton, City Manager Proposed by: Charles A. Brown, Finance Director Date: August 2, 1984 I Self Evaluation - Pro ramp 1 Pursuant to your direction of May 29, 1984, the various City ' departments have completed self -evaluations of policies, practices, and structural accessibility, I have reviewed their reports and have determined that the City does not discriminate against handicapped individuals with regard to department C practices, and policies, structural accessibility, or program accessibility. Transition Plan the City s programs appear not to discriminate against the { handicapped, Therefore, no program changes are scheduled. All of the City's buildings are accessible by the handicapped, with the exception of the upper floor of old Fort Kenay, Department j of Treasury regulations (subsection K-10) provide that f buildings started prior to January 1, 1977 are excluded from the 1 accessibility requirement, in light of this, plus the fact that the City programs and buildings, taken as a whole, are fully accessible, no structural changes to any City buildings are recommended or required, Fiaol�. j The surveys prepared by the various department heads also 1 included avaluations of Q1nploym0nt practices. Based upon those i evaluations, I believe the City does not discriminate against I the handicapped concerning employment opportunities. Some departments, notably Fire and Police, maintain physical fitness requirements, but such requirements do not provide evidence of :! discrimination, I i y Page 1 I naked that e4Cll department include in ads soliciting applications for employment a statement that the City does not discriminate against the handicapped. They agreed to comply. lIn addition, I intend to amend the personnel ordinance in the City Code to nlno make a statement regarding non-diaer£mination of the handicapped. Grievance Procedure The City must adopt a grievance procedure for £ndiv£duala who believe they have been discriminated ag41n9t on the basin of handicap. The procedure does not apply to employment. I believe we can set these procedures administratively. I submit the following grievance procedures for your review and concurrence: SECTION 504 GRIEVANCE PROCEDURE The City of Kenai has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by Federal Revenue Sharing regulations implementing section 504 of the Rehabilitation Act of 1973, so amended (29 U.S.C. 794). Section 504 states in part, that "no otherwise qualified handicapped individual... shall, solely by reason of his handicap, be excluded from tho participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial aaaintance...." �j Complaints should be filed with the Department head of the program i involved, or if unsure of the Department lfead, the City Manager. 1. A complaint should be filed in writing or verbally, contain the j name and addrass of the person filing it, and briefly describe 'I the alleged violation of the regulationa. 2. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before this grievance procedure wav in place will be considered on a case -by -cans basis.) - -� 3. An investigation, as may be appropriate, shall follow a filing of a complaint. The investigation shall be conducted by the Department Head. These rulco contemplate informal but thorough ' I investigations, affording all interested pernona and their representatives, if any, an opportunity to nubm£t evidence t relevant to a complaint. o I ti ti k . • r � �' �' s�-rv.w.w w � � xre x wr t"} �i 1i Page 3 Under the Federal Revenue Sharing regulation, the City of Kenai need not process complaints from applicants for employment or from applicants for admission to post -secondary educational institutions. 4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the Department Head and a copy forwarded to the complainant no later than 30 days after its filing. 5. The Department Head shall maintain the files and records relating to the complaints filed. 6. The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made within 20 days to the City Manager. 7. The right of a person to prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of a section 504 complaint with the responsible federal department or agency. Utilization of this grievance procedure is not a prerequisite to the pursuit of other remedies. 8. These rifles shall be construed to protect the substantive rights of interested persons, to meat appropriate due process standards, and to assure that the City of Kenai complies with section 504 and implementing regulations. Submitted by: Charles A. }crown Finance Director Approved by; 1 J. H g ton City . anager International Cliy AsmI �� t Dear Member: :1123 Ostrow 010."w Nonhwner IIG aBnylwnU(D July 1984 This year I hope that ICMA recognized communities will give particular consideration to participation in Citizens Forum/ National Municipal League's All -America Cities Award Program. A brochure announcing the 1984-1985 program is enclosed. I In past years a significant number of winning cortmunities � have operated with the council-manager plan. This is important evidence of the fact that ICMA recognized communities i have given Impressive encouragement to citizen participation. It is very Important that we give adequate attention and publicity to the Important efforts which communities such as yours have i made to facilitate and encourage citizen involvement. Our j communities with solid civic records should carefully consider 4 making application to Citizens Forum/National Municipal League for the All -America Cities Award Program. i Sincerely, 1 William H. Hansen, Jr. Executive Director Enclosure r I i f� rr1 .I S .. g Y4 1 i b - - R I CITY OF KENAI � < GENERAL N UNO J CAPITAL I MPROVUMEENT RESERVE 1 r i ,1 SAL ANCC, JULY 19 1983 USED, 1903-84 t EADIE'S LANE —e289000.00 -•".�+w�%r� FL.IGHT SERVICE —195009000.00 � s, H I GHBUSH PROJECT —325, 064. 00 WALKER EXTENSION —20,176.00 -- ,� ADDED, t 983-84 i _ CLOSED PROJECTSt SPRUCE 4,297.00 i 2ND & 3R0 17,095.00 2ND AVE. 26, 000.00 i DRAINAGE STUDY • 13, 332. 34 F RECREATION CENTER 49110.46 FOREST & SILL 159467.00 1 LAND SALE 199540.00 • BUDGETED INCREASE '"4029433.'00, t � w y BALANCE, JUNE 309 1984 I 2009503.11 1994-85 APPROPRIATIONt j COMMUN 1 TY CENTER —1099i00. 00 ! , BALANCE, AUGUST 149 1904 4.. e 919003.11 {i i � I I io I ' I I ri COMM, MSETTMr, NAME ADDRESS _ 9 n /f 7 11 Q/ r . y %a f J o F , � M � I I c Ld Y d-o-4 �.f' (I i Y I W f-/ v Q ` p- or a st o A'A 36 . 77 71' [ o— -t - --r,.,`,. Cat.%, ft-.W-4� X, 4.,'U4 C1 oil P I