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1985-04-17 Council Packet
Kenai City Council Meeting April 17 Packet 1985 AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 17, 1985 - 7s00 PM 6s30 PM - Work Session PLEDGE OF ALLEGIANCE 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 -s 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 (Time Limit - 10 minutes per person) t' 1. Steve Turlis - Fred Meyer 7 V • (b rows. ) cJ e. .fir > C. PUBLIC HEARINGS 1. Ord. 1030-85 - Disposition of Tracts A, B, C, Dena'Ina Pt. 5/0, Under Certain Conditions 2. Ord. 1031-85 - Increasing Rev/Appns-Library Donations- $39000 3. Ord. 1032-85 - Amending Kenai Municipal Code - Appointment Dates, Harbor Commission & Library Commission 4. Ord. 1033-85 - Amending Kenai Municipal Code - Variance 9 Permit Definition and Requirements of Zoning Code - - c-� 5. Ord. 1034-85 - Amending Kenai Municipal Code - UP Development Requirements - IL do IH Zones 6. Res. 85-36 - Transfer of Funds - Senior Citizens, Borough Grant - $4,850 7. Res. 85-37 - Transfer of Funds - Overtime, Sewer Dept. S. Res. 85-38 - Street Name Changes 9, Res. 85-39 - Marathon Rd. Easement 10. Delete 11. Res. 85-40 - "* 12. Application for New Liquor License - One Stop 13. Application for New Liquor License - 4`= Nikki's D. MINUTES 1. *Regular Meeting, April 39 1985 w,u ce c + .,- '. . - y- 10 11(a491 ?sy Y i E. CORRESPONDENCE 1. *Steve Turlisr Tacoma, WA - Fred Meyer 2. ((J'ghn Bugli, Cooper Landing - Car Towed from Airport re ULO BUSINESS �%A►1. Lease Application - E. Petty, CIIAP G. NEW BUSINESS - 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ord. 1035-85 - Increasing Rev/Appne - Landscape Master Plan - $90080 So Public Hearing 4. *Ord. 1036-85 - Rezoning, Cinderella, Princess, McCollum to RR-1 5. Assignment of Leases - Grizzley Air to Kenai Aviation Services - GAA 6. Lease Application - Kline - F80 7. Discussion - City Involvement - Water, Sewer, Road to School off Swires Rd. Be Discussion - Boating Facilities - Kenai Dock —9. Discussion - Golf Course - RFP 10. Approval - Airport Ramp & Willow St. Ext. - Construction Administration & Survey 11. Discussion - Petition to Borough Assy. - Areawide Power, Grant Funding - Senior Citizens 12. Discussion - Extend S. Ames Rd. 13 *Games of Chance & Skill - Democrats, House Dist. #5 14. /Ord. 1037-85 - Landscaping Regulations H. REPORTS I 1. City Manager 2. City Attorney 3. Mayor : 4. City Clerk 5. Finance Director 6. Planning & Zoning J " 7. Harbor Commission Be Recreation Commission 9, Library Commission PENS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT z COUNCIL. MEETING OF - 8,5"-, D COUNCIL MEETING OF r S z, /r APRIL 17, 1985 INFORMATION ITEMS 1 - KPB Minutes, March 199 1985 2 - Municipal League Bulletin, April 5, 1985 3 - Kenai R. Management Newsletter, March 21, 1985 4 - Library Report, March 1985 5 - U.S. Congress Commendation of Libraries 6 - Billing, McLane do Assoc. - Sprucewood Glen S/D LID - $609.00 7 - Billing, McLane do Assoc. - Aliak, McCollum, Cinderella, fox, Princess Ext., Linwood Ext. - $129700.50 8 - Billing, C. Gintoli, Architect - Library Contract - $30367.20 9 - Transfers of Funds Under $1,000 - April, 1985 10 - KPB Agenda - April 16, 1985 11 - Billing, Tikigaq Const. - Police Dept. Renovation - $47., 500.00 12 - Lease Application - Fred Meyer, CHAP jw ry '• Ir Y C./ CITY OF KENA1 %Od ea#W f4"„ 210 FIDALQO KENAI, ALASKA 90611 TELEPHONE 283.7635 MEMORANDUM i TO: Kenai City Council i FROM: Jeff Labahn. Land Manager SUBJECT: Ordinance 1030-85: Dena'ina Point Estates S/D DATE: April 12. 1985 Ordinance 1030-85 erroneously states that April 29. 1985 is the Dena'ina Point Estates S/D land sale date. The actual sale date is April 25. 1985. Please amend Ordinance 1030-85 to reflect the A rp it 25 date in the first and fourth "Whereas" statements and in Section 2. L.. kJ8L: tl i 4 . t `t F. V, • v �, i � f Suggested bys Councilman Wise CITY OF KENAI ORDINANCE N0. 1030-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE DISPOSITION OF TRACTS A, B, AND Co DENA'INA POINT ESTATES UNDER CERTAIN CONDITIONS. WHEREAS, the City of Kenai has authorized the sale of City -owned lands known as Tracts A, B, and C, Dena'in8 Point Estates Subdivision by competitive sealed bid on April � 1985, and WHEREAS, the City of Kenai has recognized an initiating sale applicant who hoe the privilege to meet the high bid in accordance with KMC 22.05.040 (b)(6), and WHEREAS, the referenced property is to be conveyed by a single land sale unit consisting of approximately 80 acres, and WHEREAS, in the event that the descriped property is not sold as a result of the referenced April 24 1985 competitive bid sale, it is desirable that the City offer this land for sale under certain conditions. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: Section 1s That the provision of KMC 22.05.040 (b)(6), shell no app y to the sale of Tracts A, B, and C, Dena'ina Point Estates Subdivision. Section 2s That this ordinance is declared void if Tracts A, B, an , ena'ins Point Estates Subdivision is sold as offered by the City of Kenai in competitive sealed bid sale on April ?A'�r1985. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1985. TOM WAGONER, 0 ATTESTs Janet Whelan, City Clerk First Readings April 3, 1905 Second Readings April 17, 1985 Effective Dates AV -PH 17, 1985 0 Ott 4 1 I 1 I C Suggested bys Librarian CITY OF KENAI ORDINANCE NO. 1031-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1984-85 GENERAL FUND BUDGET BY $39000 FOR LIBRARY DONATIONS. WHEREAS, the City has received approximately $2,366 in library donations and charges for lost and damaged books, and WHEREAS, the City expects to receive at least $634 as donations and charges for loot and damaged books by the end of the current fiscal year, and the Librarian has personally guaranteed to donate the difference if that amount is not received, and WHEREAS, the Librarian has asked that this money be appropriated for the purchase of library books. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF J KENAI, ALASKA, that the following increases in estimated revenues and appropriations be modes General Fund ' Increase Estimated Revenuess Library Donations $39000 Increase Appropriations: Library -Books $30000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1985. TOM WAG N R, M OR ATTESTS Janet Whelan, City Clerk First Readings April 3, 1985 Second Readings April 17, 1985 Effective Dates April 17, 1985 Approved by Finances on og • w U � I i C.3 Suggested bys City Clerk CITY OF KENAI ORDINANCE NO. 1032-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TO AMEND KENAI MUNICIPAL CODE 1.57.030 AND KENAI MUNICIPAL CODE 11,10.030 TO HAVE APPOINTMENT DATES FOR HARBOR COMMISSION AND LIBRARY COMMISSION MEMBERS BEGIN ON JANUARY 1. WHEREAS, Harbor Commission members' terms begin in March, and • Library Commission members' terms begin in July, and WHEREAS, all other commissions within the City government begin their terms in January, and WHEREAS, for record keeping purposes, having all terms begin in , January would be more efficient. , NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF J KENAI, ALASKA, THAT s p .. 1. KMC 1.57.030 be amended to reads 1.57#030 Terms and Appointments to Vacanciees (a) The terms of seven appointed members of the commis- on shall be three years except initial appointments shall be abbreviated terms so that terms in three years shall be staggered. (1) Two members shall be appointed for one year, two members shall be appointed for two years, and three members shall be appointed for three years. After the expiration of h appointments of all seven members, all reappointments or new appointees shall be appointed for three year terms. (b) Terms shall commence on [JULY 11 January 1 of each i year. Vacancies shall be filled by appointment t by the Mayor and confirmation of the City Council. (Ord 852) 2. KMC 11.10.030 be amended to reads 11.10.030 Terms of Commission Memberss (a) The term of each appointed member of the Commission shall be 3 years, except initial appointments shall be for abbreviated terms so that terms in 3 years shall be staggered. The terms shall be staggered so that 3 members shall be appointed every third year and 2 members shall be appointed in each of the other years of every such 3 year period. 1 - nN 1 1 (b) Terms shall commence on [MARCH 71 January 1 of each year. Vacancies shell be filled by appointment by the Mayor and confirmation of the City Council as set out in the Charter of the City of Kenai. (Ord 474) PASSED 8Y THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1985. OM WAGONER, MAYOR First Reading: April 39 1985 Second Readings April 17, 1985 Effective Oates April 17, 1985 2 r � 'I C-� Suggested by: Planning & Zoning CITY OF KENAI ORDINANCE N0, 1033-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE SECTIONS 14.20.180 AND 14.20.320 (b)(69) CONCERNING THE VARIANCE PERMIT DEFINITION AND REQUIREMENTS OF THE KENAI ZONING CODE. WHEREAS, the Kenai Zoning Code provides for the issuance of a variance permit by the Kenai Advisory Planning & Zoning Commission if certain conditions have been satisfied by the petitioner, and WHEREAS, certain deficiencies in the variance permit section of the Code have created review problems for the Commission, and WHEREAS, the existing review criteria are too general and do not include certain conditions which should be considered in evaluating a variance permit request, and WHEREAS, the proposed revision of the variance permit section includes a more accurate intent statement and more descriptive review criteria, and WHEREAS, a public hearing has been conducted by the Kenai Advisory Planning & Zoning Commission on March 27, 1985 in accordance with the Kenai Zoning Code, and WHEREAS, the Commission unanimously recommended approval of the variance permit section in accordance with adopted Resolution No. PZ 85-19. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that KMC 14.20.180 and 14.20.320 (b) (69) are repealed and re-enacted as follows: 14.20.180 Variance Permits (a) Intents A variance means the relaxation of the development requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. (b) Permit Application: An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. N r r 1) The application shall contain the followings (i) A legal description of the property involved; (ii) Plans showing the location of all existing and proposed buildings or oller3tian^. elevations . of such buildings or alterations, and such data as may be required. (c) Review Criterias The Commission shall establish a ! finding that all of the conditions have been found to f exist as a prerequisite to issuance of a variance permit. 1) Special conditions or circumstances are present which are peculiar to the land or structures involved which are not applicable to other lands or structures in the same land use or zoning i district. i 2) The special conditions or circumstances have not been caused by actions of the applicant and such i conditions and circumstances do not merely constitute pecuniary hardship or inconvenience. 3) The granting of the variance shall not authorize a use that is not a permitted principal use in the r zoning district in which the property is located. fit) The granting of a variance shall be the minimum variance that will provide for the reasonable use F j of the land and/or structure. 5) The granting of a variance shall not be based upon other non -conforming land uses or structures ' within the sale land use or zoning district. (d) Public Hearings The public hearing and notification procedure for a variance application shall be accomplished in accordance with the requirements of :.1 this chapter. (a) Permit Expiration and Extensions An approved variance - -- permit shall lapse 12 months from the date of approval - if no certificate of occupancy has been issued by the Building Official. The Commission may grant a time ;s extension not to exceed six months upon a finding that __. circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the ' permit. A public hearing shall not be required as a �'. condition to granting the extension. M i h F i e 14.20.320 Definitions (b) (69) "Variance" means the relaxation of the development . _ requirements of this chapter to provide relief when the literal enforcement would deprive a property owner of the reasonable use of his real property. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1985. M WAGONER, MAYOR ATTEST: fJanet Whelan, City Clerk First Readings April 3, 1985 Second Readings April 17, 1985 Effective Dates May 17, 1985 'IJ 14.20.170-14.20.180 compliance with Horizontal Property Regimes Act, AS 34.07 has been made prior to the sale of any townhouse dwelling C� units, and furthers (i) The developer or subdivider of any Planned Unit Residential Development shall deposit with the appropriate homeowners' association, formed in compliance with the Horizontal Property Regimes Act cited in this section, a.contingency fund in the sum of $500 per dwelling unit in the townhouse development; (ii] A copy of the'by-laws of the homeowners' association ahowinq: in what manner the aforesaid contingency fund shall be controlled shall be furnished to the City for review and approval. (Ord 925) 14.20.180 Variance Permits: (a) Intent. A variance means a relaxation of the deve opment requirements of this chapter in 0 cases where unusual physical features of the property would make strict application of the zoning regulations unreasonable. • (b) Procedure. (1) An application for a variance permit shall be filed in writing with the administrative official and signed by the owner of the property concerned. N (i] The application shall contain the followings (a) A legal description of the property involved; (b) Plans showing the location of all existing and proposed buildings or alterations, elevations of such buildings or alterations, and such data as may be required. (ii] The application for a variance shall contain a statement and adequate evidence showing the following conditions, all three of which must exist before a variance may a ranted: a That there are exceptional physical cir-_ cumstances or conditions'applicable to the property or to its intended use or development which do hot apply generally to the other properties in the some land use district; (b) That the strict application of the provisions of this chapter would result in practical dif- ficulties or unnecessary hardship; (c) That the granting of the variance will not result in material damage to other properties in the vicinity nor be detrimental to the public health, safety, or welfare. (iii] The public hearing and notification procedure Z for a variance application shall be accomplished in accordance with the requirements of this chapter. (2) An approved variance permit shall lapse 12 months from the date of approval if no certificate of occupancy has been issued by the Building Official. The Commission may grant a .r time extension not to exceed six' months upon a finding that circumstances have not changed sufficiently since the date of initial permit approval. A request for extension must be submitted prior to expiration of the permit. A public tearing shall not be required as a condition to granting the extension. (Ords 925, 987) 14-35 4 (City of Kenai h Supp. #32 - 11; 17!8;) j - 1/ CITY OF KENAI %Od Oapd4 d 4 4"" 00 FIDAL00 KENA1, ALAM •Obit TBLBPMON61113.7M MEMORANDUM TOs Mayor Wagoner and Kenai City Council i PROMS Jeff Labahn. Land Manager SUBJECTs Ordinance No. 33- s Variance Permit Revisions DATES April 9. 1985 Ordinance No. 1033-85 proposes certain amendments to the Kenai Zoning_ Code. ' J Specifically• this ordinance revamps the section dealing with the application* review, and issuance of a variance permit by the Kenai Advisory Planning A Zoning Commission. The Commission has the final authority to issue a variance permit as provided in the Kenai Zoning Code. The proposed ordinance differs from the existing code in two ways: 1> The definition/intent statement for "variance" has been broadened in scope. The existing code states that there must be "unusual physical features of the property" which must be present in order to grant a variance. The proposed ordinance does not limit a variance to the existence of certain physical features. Rather. the variance can be considered in any situation where "..the literal enforcement would deprive the property owner of the reasonable use of his real property." 2) The existing Code requires that all of three stated conditions must be satisfied as a prerequisite to obtaining a variance. The proposed ordinance expands these requirements to five review criteria which better define the parameters of a variance JBLsjl a G- i CITY OF KENAI MO ACAL00 NWA1, ALUM M11 iBL@P110141IM-M5 MEMORANDUM TOs Kenai City Council fROMs ,off Labahn. Land Meneaer SUBJECTS Ordinance No. 1�34'85s Development Reouirement Revisions to Industrial ZonihQ istricts DATES April 9. 1985 Ordinance No. 1034-85 proposes certain revisions to the development requirements for properties within the Light Industrial (IL) and Heavy Industrial (IH) Zoninq districts. The ordinance establishes identical minimum lot size, minimum lot width and minimum front yard requirements for each zone. Side and rear yard setbacks would be eliminated. The present Kenai Zoning Code requires a vegetative buffer or a sight - obscuring fence to separate any industrial property which abuts a residentially -zoned property. This requirement will not be changed by Ordinance 1034-85. JBL s,jl i r r s�oz� 1 0 r C - s' Suggested bys Planning A Zoning CITY OF KENAI ORDINANCE NO. 1034-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING KENAI MUNICIPAL CODE TITLE 14 REGARDING THE DEVELOPMENT REQUIREMENTS GOVERNING THE LIGHT INDUSTRIAL (IL) AND HEAVY INDUSTRIAL (IN) ZONING DISTRICTS. WHEREAS, the Kenai Zoning Code Development Requirements Table stipulates certain minimum yard setbacks within the Light Industrial (IL) zoning district, and WHEREAS, the Kenai Zoning Code Development Requirements Table has no minimum yard setbacks within the Heavy Industrial (IN) zoning .district, and WHEREAS, the Kenai Advisory Planning 4 Zoning Commission conducted a public hearing regarding the establishment of certain development standards within the Heavy Industrial (IN) district at their meeting on March 27, 1985, and WHEREAS, the Commission concurred that minimum side and rear setbacks are not essential within the Light Industrial (IL) and Heavy Industrial (IN) zoning districts, and WHEREAS, the Commission concurred that the development requirements within both industrial zoning districts should be consistent, and WHEREAS, the Commission unanimously adopted amended Resolution PZ No. 85-20 to revise the development requirements governing the Light Industrial (IL) and Heavy Industrial (IN) zoning districts. NOW, THEREFORE, BE 17 ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the Development Requirements Table of the Kenai Zoning Code shall be amended as presented in "Attachment All, PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1985. ATTESTS Janet Whelan, City Clerk n��^rr��l.r�aT:r�r�r;�■■■� First Reading: April 3, 1985 Second Readings April 17, 1985 Effective Date: May 17, 1985 ATTACHMENT "A" ZONING U1ST111G1'S �.__. USES RR RR- I RS RS- I RS-2 R CC CG MINIMUM LOT AREA (sq.ft.) 40,000 40,000 7,200 '20;000 7,200 7,200 50000 51000 with public water and/or sewer* 20,000 20,000 7,200 12,500 7,200 7,200 51000 51000 MINIMUM MULTI -FAMILY LOT AREA (sq. ft.) 40,000/ 4 - family dwelling 20,000* N/A 9,600 N/A N/A 7,200 - - 5 - family dwelling - N/A 10,000 N/A N/A Sub. to Commission - Approval See Individua 6 - family dwelling - N/A 12,000 N/A N/A Commission ub. tor - Sections for Requir6ments - N/A - Approval - 7 - family dwelling MINIMUM LOT WIDTH 90' 60' 60' 60' 60' 60' 60' MINIMUM YARD Front 25' 25' 25' 25' 10, 25' 25' Side 15' 51 51 51 52 _ Rear 200 201 20' 20' 102 30% 30% 30% 30% 40% - - MAXIMUM LOT COVERAGE MAXIMUM HEIGHT 350 35' 35' 35' - - - 4 i 1 For structures with more than one story in height, the minimum side yard shall be 15 feet. 2 Except that for each full story over 211 stories each side and rear yard shall be increased three (3) feet. 14-61 bt t� (City of Kenai #34 - 3/fl/115) T c-� Suggested by: Administration CITY OF KENAI RESOLUTION NO. 85-36 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA _ THAT THE FOLLOWING TRANSFERS OF MONIES BE MADE IN THE KENAI BOROUGH SENIOR CITIZEN FUND FOR FY 1984-85. Froms Salaries $ 850 Health Insurance 4,000 '94.8 0 - Too Office Supplies $ 300 Operating Supplies 1,000 Transportation 1,200 Postage 300 Machinery & Equipment 2,050 B OB This transfer is necessary in order to better utilize the monies in the Senior Citizen Borough Grant. The salaries and health ' insurance anticipated and budgeted at the beginning of the fiscal year were not needed and can now be used in the above line items. PASSED BY THE COUNCIL OF THE CITY OF KENA19 ALASKA this 17th day of April, 1985. - TOM WAGONER, MAYOR ATTESTs Janet Whelan, City Clerk Approved by Finances eq�jg_ ;J Ssjgges3ted bys Administration CITY OF KENAI .. • i RESOLUTION NO. 85-37 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE 1984-85 WATER AND SEWER FUND BUDGET. Froms Sewer - Contingency 12r, 260 Tot Sewer - Overtime $2,000 Sewer - PERS 200 i Sewer - Workers Comp. Insurance 60 This transfer provides additional money for overtime in the Sewer Department. Expenditures have exceeded the budget at the end of March, 1965. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of April, 1985. F. TOM WAGONER, MAYOR ATTESTS anet a an, My Clerk ' Approved by Finances e4 o I k 4 ' L ' 77 CITY OF KENAI "Od Cals" a/ 4" 210 FIDALO O MAI, ALA6KA 00611 "LONONE203- 36 MEMORANDUM TOs Mayor Wagoner and Kenai City Council FROMs ('�,%aJeff Labahn. Land Manaoer SUBJECTs Amending Existing Street Names Within the City Limits DATES April 12, 1905 n' At the regular meeting of the Planning Commission on April 10th, the name of the road connecting Kenai Spur Highway and Kelifornsky Beach Road was j discussed. It was the recommendation of the Commission to name the entire length of the road "Bridge Access Road". Details of the discussion and the motion are available in your packet. item 14-6, Page 10 item T-b in the Commission minutes. u t V O k. I 1 Y 1 ' I •r r I� Suggested bys Planninq A Zoninq CITY OF KENAI RESOLUTION NO. 85-38 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CHANGING THE NAME OF CERTAIN EXISTING STREETS WITHIN THE KENAI CITY LIMITS. WHEREAS, Section 14.15.140 of the Kenai Municipal Code authorizes -:-•. the Council to name or rename streets within the City, and WHEREAS, there is considerable confusion regardinq the official name of the westerly portion of Beaver Loop Road, and WHEREAS, it is preferable to standardize the name of the road linking the Kenai Spur Highway and Kalifornsky Beach Road, and WHEREAS, the Kenai Advisory Planning & Zoninq Commission has ii fr recommended the designation Bridge Access Road at their meeting on April 10, 1985. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA: Section 1s That Bridge Access Road is hereby established so the name off' the connecting road between Kenai Spur Highway and Kalifornsky Beach Road per Attachment "A". k i Section 2s That the Official Street Map of the City of ` 1 Kenai s here y emended to incorporate said name change as F provided in KMC 14.15.140. ,. :.._. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of April, 1985. Tom Wagoner, Mayor ATTESTS onet Whelan, City Clerk i' mA pwarim- .r I co6vw Adll ST11 WN [iol 4 %Goal) t1 wrrpoc%mwar ows' • • M C�-9 Suggested bys Administration CITY OF KENAI RESOLUTION NO. 85-39 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, -. ESTABLISHING A PUBLIC USE EASEMENT ACROSS UNSUBDIVIDED AIRPORT LANDS NEAR MARATHON ROAD. WHEREAS, the City of Kenai has conveyed a ten acre land parcel to Homer Electric Association described as Tract B, F.B.O. Subdivision No. 3, and WHEREAS, Airport Drive provides the only legal access to the property at this time, and WHEREAS, an alternative access from the rear of Tract B to Marathon Road is desirable for the purpose of siccommodating industrial traffic, and WHEREAS, the City of Kenai is the owner of the unsubdivided airport lands which are appropriate for this access. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a public use easement of 60 feet in width be established across lands owned by the City of Kenai in accordance with Exhibit "A". .' PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of April, 1985. E...Tom Wagoner , r ayor i ATTESTS Janet he an, CityClark- F v f. y 1 0 . J . r� I i E r __ � - __ — _ _. ... _ _—._— — — -----...o- --------- �.— ---- ---- ------ -- �— -- - ----- - ---- --- 1. _.�_-. 16 a / • �g :..• -� r ` T 7 n N Kauai bib DOLuaeui-5, H No interpretation oPlthe meaning of the Co be mete to an the meaning bidder orall directions, instructions, answers, or disauvaiand�ALLmCommentents s, at th's pre -bid conference are not to be construed that take interpretation unless�eubsequently confirmed by city i place ae an addendum, Any ^ Instructions will be indthelformeof rwri tten and 8U^ writing issued, will be sent o all y PPle, If -- answered by formal wr10 al Addendswillbe bidders. desn Which, i Other interpretations or clarifications will bivee without Y questions effect. Failure of a binding. Oral and Interpretation shall notbrelieveosuahebidden from anyut legal under his .bid as submitted, Y such addendum tOr i Part of t�e, Contract Docad. All addends so issued salilti98tion "Unsa rlcations of Bidders The Bidder shsll'oompiets the attached Contractor•, questionnaire and submit it with hie bid. reserves the right to reject an The City euba�itted by, or linvestigetion oPbsuohPBidd evidence satisfy the City ths% such Bidder is °r tails to carry out the obligations of the Cont Properly qualified to the work contemplated thecomplete be accepted. rein. Conditional Bids will no t The Bidder shall furnish to the City all information data requested by the City to be used b and determination of a Bidder , Y the City in its ' qualification. .Ins dotescthenrighe loaconeiation°oof a Bidder, the City contracts with the City or Otherder agencies, previous reeponsibletBiddert theBCity is not ifs in the Y may rejectahi8ied or e By swardin a proposal. arwa mine a Bidder the contract the City has not necea- determination of the competence or degree of, qualification Of a contractor to the contract the City has merely determinederform rtheiBidder dhae satisfied the City concerning this project at this time. e• Requirements of Laws, Ordinances and Taxes , Regulations, Licenses, it is the Bidder's responeibilit Federal, State, Borough, and City to be familiar with all including regulations, which C on laws and ordinances, and they will be deemed to be includednInrthe fContr,etwork, B-S I ....::. �... a _. _ _ .. ...-_-_.__._____,.G�—• - — — --- .:: s .. z.r� -:—. - . .. .:....y.---�:� HOMER HIGH SCHOOL, MIDDLE SCHOOL, AND PAUL BANKS ELEMENTARY SCHOOL SITE IMPROVEMENTS SPECIAL PROVISIONS SPECIAL MODIFICATIONS OF THE STANDARD SPECIFICATIONS The following sections of the Alaska Department of Transporta- , tion and Public Facilities "1981 Standard Specifications for Highway Construction" are made a part of the specifications and the contract: DIVISION 100--GENERAL PROVISIONS Section 101 Definition and Terms 102 Bidding Requirements and Conditions 103 Award and ExecutA,9n of Contract 104 Scope of Work 105 Control of Work , 106 Control of Material 107 Legal Relations & Responsibilities to Public 108 Prosecution and Progress 109 Measurement and Payment 210 Mobilization 114 Construction Surveyibg by the Contractor 115 Traffic Maintenance 116 Services to be Furnished by the Contractor DIVISION 200--EARTHWORK Section 201 Clearing and Grubbing i 202 Removal of Structures and Obstructions 203 Excavation and Embankment 205 Structure Excavation for Conduits & Minor Structures *208 Ground Stabilization Fabric i *New section --not DOT&PF Standard. ` ' DIVISION 300--BASES section 301 Aggregate Base Course 304 Subbase ' a f ' Special Provisions, Homer Public Schools, Page 1 of 27 t 007:59:1 . ...x +-4r r . ., .. „",,,e,. v... I STAWOD Pew one BIDDING RE �i ' N 102, IREMENTS AND 1oa•1.o1 CDNDITIOINS projects an Quallfkatlon of Bidders. Alaska to y Contractor otherwise Perform such qualifiedOb theState of nor to submit a work, is not required to be licensed submittingpplication for lice however t a bid h having such bid conk de ed ' 011 the 'hat such exe advance of State's right under does not constitute Provided he Contractor, determ- ined its license laws a waiver f licensed to raided to be a successful bto require a with the award o f a coess it the State of Alaska in connectibe on a contract to I:No lbidwillbe himntractortoaccepted from, orcontracthe Department. bid documents have no l C awardp $Sued On Non•Federal Aid to be licensed to do business tts lhe State c j rs are re I submitting a bid. quired NothingAlaska, Prior to l depriving contai parr this shall b the D section determining the low meet of its section hall a constructed as est responsible bidder. m the matter of e02"'02 Contents i quest, the De of Proposal Forms. with a Partment will furnish the I dder description form, This for Prospective Upon the he contemplated will state the location and approximate estimatelated construction and kinds of work to be stimat of the willshow and will have Performed or various quantities and are invited reeschedule of its materials to be Proposal form for which unit bid fished the work must be completedm will state t Prices guaranty, special , the he time in which from or are not contained inthe standards entsount h the the date, time and or regwrements which vary place for the o Pecificationsand The plans peeing o f proposals. specifications, and other documents designated I 13 I 1 F Peninsula 1� d TUESDAY. April 16. INS Vol.15, Issue 139 (c) The Peninsula Clarion/ U.S.P.S. 439 410 Kenai. Alaslcit 25 cents P6.6 million, no.tax hike in Kenalm's budget extension, Brighton said. Brighton predicted that everduaBy WWow Street will reach Marathon Road. "Tbat would open up large acreages of real estate;" he said. The airport ramp extension is needed to provide more room for airplanes, Brighton said. The city expects on increase in ur nrt- Ing fish hauls and the number of esaeeAed to transport the fishto marketate grant monkey awarded lest year will cover the extension costs which should be com- pleted before fivez m p this fall, he said. t1saKENAl,twelspaoe $e.6 million proposed budget for the next r will make its initial appearance at the tai City Council meeting Wednesday it, he proposed budget represents a 14.4 ceM increase over the IM85 budget of ei9,WS, said City Manager Bill Brighton. lciuded In the preliminary budget is an oss•the-board 4 percent salary increase city employees and a request for two ad- onai police officers. The city has 13 of - Ts. The current 1.9-mill property tax i and 3 percent sales tax would not be sad tinder the budget plan, Brighton said. The budget Is up only for introduction at Dairy Queen. the wednesday meeting, and will be discuss- Brighton did not have information on the ed at coming budget work sessions. Kenai proposed store's exact size, but Bald it would Municipal Code requires the budget be be similar to the firm's Juneaustore.'1It Is a adopted no later than June 10. FwIN e; ' be sold. During the presentation portion ofpublic hearings, the city council Wednesday's meeting, Fred Meyerr public comment regarding its plan representative Steve Turlis will explaind a $1.65 million contract to extend what the department store firm plans to ac-nai Municipal Ai port apron and complish in Kenai. The company has ap• Street to Kodiak Contractors. The plied to the city to lease 22 acres for a store apron extension is the area where site. A site plan has been given to the city,es are parked. The contract includes Brighton said. The store would be located oning water, sewer and drainage im- land between Airport Way Road and theents to the end of the Willow Street Homer uuuils arotest Dolicv -, ifOMER — About 70 Romer High School Monday'swalkout seemedtobefocutedo4 students walked out of school Monday morn• plans to make the now Homer RIO School a Ing to protest what some students eel ed "an closed campus. in the past. students have oppressive atmosphere." Later Monday been allowed to leave campus during lunch, night, students asked the borough school but this year the school limited that privilege hoard to dismiss Principal Lee Win. to seniors. The school board met at Homer Nigh School Although no rule has been set for next year. Monday before more than 200 people. At the students say the administration is planning meeting, students and several parents urged a totally closed campus at the new O millfon the board to investigate the students' high school. =�1{�fd�!'+M'��F's�i4dti�"S''�!.NOM1411.4sdbMN,� � • ;,•r `�sdRe' r pay agrees to a fines 9 State Sen. Paul Fischer signed an agree- 11 told the communion /' .-Carwou- operation caiiec-a- = warm Continued from Page i Thursday, and they shifted to an alternate plan — to haul the animals south in a multi - compartmental cattle truck. When the truck arrived, however, it was not what they had requested. It had only two compartments and allowed the caribou to move too freely, and subsequently to injure themselves and each other. Ten caribou died as a result of the ride over the rough Glenn Highway. The biologists also had hoped to truck the caribou on Friday night to Lower Skilak Lake Campground. where they would be Sunday. The weather was not finished acting as tormentor. (lusting winds prevented Kenai Air from suspending the crate. So the caribou were loaded a few at a time into the helicopter. Then Kenai Air could not land safely on the windy ridge the biologists had selected, so they turned their sights lower — and they found deeper snow. Finally, they settled on the flats below Tusluumena Glacier, where .the snow was sparse, the wind less powerful, and the food for the caribou abundant. loaded into a large wooden bank, suspended They flew 32 caribou into the release site. beneath Kenai AWs Bell 203 helicopter, and Five either did not survive the trip or ap- flown Into the mountains. pared so weak upon their arrival that they But the bide was also late arriving at were put to sleep. Lake Louise, and thedrivesouth was moved Now, said Bangs, the rest is up to the back to Saturday. Because of bad weather, caribou and the weather, one or two they psea d WOW Lakeand arrived with animate may not survive the nerd few days, the caribou attheheadquartersof tie Kenai he said, but bwopia expect at least 2s to National Wildlife Refuge about 1 a.m. pun througlL ,,It they group up and got Schwartz said, "they'll have chance. If they scatter all ow tryside, it'll be a lot harder." gregarious animals that like to The biologists said that by su On cows deliver their young, t begin to grow and could expant as 200 head in the next 10 years indigenous caribou were wip bencbiands and in the rest of it by 1912 through man -caused v< maregulated hurting. In the mb & Game released 41 Nelehina k the Hope and Kenai. The Kea numbers 50 to 80 animals, wh herd numbers about 340 anima Bangs said tbal despite an ti bidegbta din consider the Iran Cea, "An ttduge eanldered." think we.wero lucky to get by v linty we had." M'% "1 think well do a lot bents Grand jury ti:;:":. K®nai council : <-� Soldotna SE weighing) agenda items _ - e' #''• ; molesting car® Yr -, QontlnwdhomlagN :.:: %;�,. � topics= first city manager applicant i W y'�M' *An ordinance slowing the courell to Petersburg City "Manage A.Homer ponce officer testified before the fit• three OWN of laud In DeSWI a underiwRer will arrive IS Sol Kenai grand jury Monday concerning Poled Estates as eligible for transfer H not day, and spend Wednesday talk allegations that a Homer man sexuany, sold in competitive sealed bids by APB 29. officials and touefag tie City. molested two. young girls at err unlicensed day-care center operated by his mother. *An ordinance immins library revenue estimates and appropriations by $3A00 has been dty.manager In Pete M, and pee 4011111y waked tc The man, to -year -old Wesley V. Day, is . each. - as dty mmogerof wood River, being held on a $=,ON bond at the lare4riai eAn ordinance amending the Kenai , - ade:keft ws one of tire tadlity at Wildwood Correctional Factuty in Municipal Cade town appointment data for selected as flnalWa from the M Kenai. Day was arrested last week on tour Harbor Commission and Ubrary Commis- applied for the city manager p Comte of tird4kWee sexual abuse of a ' slon members for Jam.1. • r , other two eaadtdaw being am mom. The meeting begins at 7 p.m. in the coum- the job are Hoorah resided W The charges stem from alleged sexual ae• cU chamber. The meeting is public.. end Kadiatk resider dJobn Isadot tivity with two 3yearold girls. according to t�es�s• ...Homer protest sift is . Chlef executive din Hima imem moo. so Homer Offiesr Andy Klemser offered 9 in yeas as City manager tatimomy in the eoe. The gram they was coaueeed Uom'age t w Isadore also worked as City m2ftnewd to mart main tsday a000f M 0Students "Oft however. scythe walkeu "net � 10you ere, o alp a Coma elerk. brand jury indictments Could prompted just by the closed campus issue. be AN as early as Wednesday, the clerk A handout distributed by students to an• said. ramee the waUwut charged Hamer High ad- Day was scheduled to appear in court to• minlstratas withacts of "intinddation" and day, according to Susan Sutton, an officer „manipulation." Otherproblems naftlioned With the pretrial funny. According to a was the squaty of education, poor at - court calendar, grand jury aeraiganneats maspkereandcommunicationpeoblems"at were to begin at 6:15 a.m. Sutton did not „e No sdrool. 0- keowthe ciraanstarces of Dsy's scheduled Ambient Principal Dared White estimated cast appearance. Grand jury proceedings do the walkakt involved about so students, are conducted in secret. "We not all the kids who are saying these laturser earner Indicated that additional ddrge, It's a group of kids.- White said, charges may betikdagainst Day. Klamser Wbiteattsibutedsptdeatcomplalatsabout reportedly identified 14 other probable vic• a ka of Com mmication to the sebool's tins, ranging in age from 18 months to 10 cautious appreaeb in dealing with the closed wi been mwtested over a campus. principal WBh was ant of town p obave fieaa Monday. Day's mother, Jane Grimshaw. has lid been charged for nvuming an unlicensed day White said wean to find out care tester. An officer contacted Monday at unity eels erns how the ce d" m feels about err open cam- Pes before they make any decisions. Me Honer Police Department said the po"Juty is still under investigation. Grim• te the j and "I " a�g pouts ir• idea what have uoidea what t%meltaeges. White said. It sold, „ ,.ro even talking about I've never iw ona�the officer mid, vestigattiGritnskaw operated the center out of her timidated a kid in my life. home. As many as 17 children attended the ..,. *— -..A «.......,,,...,.w.... v p .em...,4ts But Homer senior Amanda blaring, whodid notparticipsteiatbewauwut.MA' Tbead• 4 FIRST At • Stop in for Free first year of but: • Register for des Sessons Rests • in Store Speak Suggested bys Administration CITY OF KENAI RESOLUTION NO. 85-40 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AWARDING A CONTRACT FOR THE CONSTRUCTION OF KENAI MUNICIPAL AIRPORT MAIN APRON EXTENSION AND WILLOW STREET EXTENSION, WATER, SEWER AND DRAINAGE 1985 IMPROVEMENTS TO KODIAK CONTRACTORS FOR THE AMOUNT OF $1,649,884.00 WHICH INCLUDES THE BASIC BID PLUS ALTERNATE 1 and 2. WHEREAS, the following bids were received on April 10, 1985 for the above - referenced projects CONTRACTOR BASIC BID ALTERNATE 1 ALTERNATE 2 BASIC 1 & 2 Done's General Contracting, Inc. $2,506,918.00 $169,885.50 $1930191.00 $2,871,994.50 Chris Ber9, Inc. $202639101.00 $1559960.00 $166,909.00 $2,565,970.00 Hermon Brothers Construction, Inc. $2,079,090.60 $175,193.95 $1989230.75 $2,452,515.30 Zubeck, Inc. $2,0889878.70 $139,B44.30 $161,431.50 $293909154.50 Wilder Construction, Co., Inc. $290469392.00 $140,199.00 $151,580.50 $2,338,171.50 Harley's Trucking $1,694,954.00 $162,038.00 $177,428.00 $2,234,420.00 Comanche Corporation $1,863,780.00 $143,258.00 $157,708.00 $2,164,746.00 Quality Asphalt Paving, Inc. $198499124.20 $137,377.30 $147,104.90 $2,133,606.40 Pioneer Excavation, Inc. $1,8499709.18 $130,737.81 $139,244.45 $2,119,691.44 Doyle Construction, Inc. $1,618,798.68 $131,032.60 $1439864.49 $1,893,695.77 Frontier Construction, Inc. $1,536,220.20 $110,058.80 $122,269.40 $1,768,548.40 Brown Construction, Inc. $1,5079690.10 $112,350.40 $124,414.00 $1,744,454.50 Kodiak Contractors $1,429,250.00 $107,526.00 $1139108.00 $1,649,884.00 Engineer's Estimate $1,984,811.00 $140,563.00 $152,350.00 $2,277,724.00 WHEREAS, the following is a description of the basic bid and the alternates: Basic Bids Extend Apron (1,400 feet) and Willow Street Alternate No. 1s Extend Apron and Willow Street (+267 feet) Alternate No. 2s Extend Apron and Willow Street (+267 feet) WHEREAS, this resolution and award of the project is contingent upon a Corps of Engineers Permit; and 1 . 4. +v M � WHEREAS, the City of Kenai has received a State of Alaska grant to help fund this project; and WHEREAS, the recommendation from Mike Tauriainen, the project design engineer, the Public Works Department, and the Airport Manager is to award the contract to Kodiak Contractors for the basic bid plus additive alternates 1 and 2 for the total cost of $196499884.00; and WHEREAS, the Council has decided that Kodiak Contractors' bid for the basic bid 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 Kenai Municipal Airport Main Apron Extension and Willow Street Extension, Water, Sewer and Drainage, 1985 Improvements be awarded to Kodiak Contractors in the amount of $1,649#094.009 which includes the basic bid plus Additive Alternates 1 and 2. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 17th day of April, 1985. ATTESTS Janet Whelan, City Clerk Approved by Finances e4g Written by Public Workss Ae Tom Wagoner, Mayor K - _ - __. - L - _.--._. _ r Y•, 1 LEE% Gk sox doo - soLDOTNA. ALASKA 99660 C7FM PHONE 262.4441 STAN THOMAYL)A ON •,....ow• ti ,��'3R5t 07 April 5, 1985 " � SJ City of Kenai Atten: Janet Whelan 210 Fidalgo Kenai, AK 99611 j RE: 1985 Liquor License Application for One -Stop (Boys Unlimited) s ; Dear Janet: Please be advised that the Kenai Peninsula Borough has no objection to the issuance of the above noted liquor license based -� upon unpaid taxes. All sales tax and personal property tax accounts registered with the Borough in the names of Roger Boyd and/or Patricia DeBusscher are current at phis time. Thank you for your cooperation in this matter. Sin rely, amela A. H4aKee Delinquent Acat. Techn. 1 1 — to Y � • E1 1 %r Oe Q O BILL SHEFFIELD, GOVERNOR Alooftotlo Dump C 0M earl ` IMPAQMMIENT OF 1118 '13 NUH 650 W. Ab Avenue ALCOHOLICBEVERAGECONTROL BOARD 1ANCHORAGE, ALASKA 99501 April 2, 1985 Janet Whelan, Clerk City of Kenai 210 Fidalgo Kenai, Alaska 99611 , Dear Ms. Whelan, We are in receipt of the following application(s) for new Muor license(s) within the CJ&X gg NepAj You are being notified as required OY AS 04.11.20. PACKAGE STORE LICENSE i ONE STOP: Boys Limited; P., Roger P. Boyd; S/T., Patricia G. DeBusschere; i Mile 5.4 Kenai Spur Hwy.; MAIL: P.O.Box 4233, Soldotna, Alaska 99669 t A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the i I4 ._. 0 ,3 board and the applicant with a clear and concise written statement of reasons Tn support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS 0411.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE 14UNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IH SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.146(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, _e.d& 41� 460 i Betty L. Calhoon Records & Licensing Supervisor (907) 277-8638 BLC:vk Enc. 1 x� - r. , KENAI PENINSULA BOROUGH QOW660 • SOLOOTNA. ALASKA 99889 PHONE 202.4441 ......k ,2.a�6INK April 5, 1985 / qpF City of Kenai Atten: Janet Whelan STAN THOMPSON MAYOR 210 Fidalgo Kenai, AK 99611 i REs 1985 Liquor License Application for Nikki's - Dear Janet: j Please be advised that the Kenai Peninsula Borough has no objection to the issuance of the above noted liquor license based upon unpaid taxes. All sales tax and personal property tax accounts registered with the Borough in the names of Donald Gilman and/or Nikki Gilman are current at this time. a . Thank you for your cooperation in this matter. Sincer ly, Pamela A. McKee Delinquent Acat, Techn. O ' D ALASKA BILL SHEFFIELD, GOVERNOR i DEPARTMENT OR 1 11VENVE 101 EAST 9TH, AVENUE ALCOHOLICBEVER40000NTROL BOARD ANCHORAGE, ALASKA 99501 March 29, 1985 A I1 f /rr f�qQ i"JJO�� Janet Whelan, Clerk /,.•, ' , City of Kenai 14��Ei 210 Fidalgo Kenai, Alaska 99611 Dear Ms. Whelan, We are in receipt of the following application(s) for new liquor licenses) within the Cit of Kenai You are being notified as requireTTy-73-07.11.520. PACKAGE STORE LICENSE NIKKI'S; Foodtown Liquor, Inc.; P., Joyce L. Gilman; S., Donald E. Gilman; 405 Overland & Main St.; MAIL: P.O. Box 2941, Kenai, Alaska 99611. A local governing body as defined under AS O4.21.080(10) may protest the approval of the application(s) pursuant to AS O4.11.480 by furnishing the 17 9 � • n • board and the applicant with a clear and concise written statement of reasonsTn support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST C014E FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT la SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. Sincerely, Betty L. Calhoon Records 6 Licensing Supervisor (907) 277-8638 BLC:vk Enc. ". • 1 Y � z-. i - - -- - - --- --- - --- ____ - - - -- - -- - - -- -_- ---- — -- -- i- I AGENDA KENAI CITY COUNCIL - REGULAR MEETING APRIL 3, 1905, 7iOO PM WORK SESSION, 600 PM - Dick Morgan - Golf Course Proposal PLEDGE OF ALLEGIANCE A. ROLL CALL 1. Agenda Approval 2. Consent Agenda •ALI items listed with an asterisk M are considered to be routine and non-controveraial 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 Conoent Agenda and considered in its normal sequence on the agenda as part of the General Orders. 9, PERSONS PRESENT SCHEDULED TO BE HEARD (Time Limit - 10 minutes per person) C. PUBLIC HEARINGS 1. Ordinance 1022-05 - Increasing Rev/Appne - Purchase City Atlas - $5,000 2. Ordinance 1023-85 - Inoressing Rev/Appns - Water 6 Sewer - S. Highland, Bumblebee, E. Allsk, Swirso, Nighbush Rd. - $232,000 S. Ordinance 1024-05 - Findip City -Owned Lands Required for Public Purpooe - FOO S/0 s. Substitute Ord. 1024-95 4. Ordinance 1025-05 - Inoreasing Rev/Appno - Museum Donations - $1,294 5. Ordinance 1026-05 - Amending Zoning Mop - Sprucewood Glen 6. Ordinance 1027-95 - Amending genet Municipal Code - i Loses of Airport h Airport Lando 4 7. Resolution 85-33 - Setting Percentage of Coate of Streets, Severe, Water 6 Other Improvements - Assessments B. Report to Council - Aliak/McCollum Assessment District a. Preliminary Assessment Roll - Aliak/McCollum Assessment District 9. Resolution 05-30 - Setting Date of Public Hearing - Alisk/McCollum Assessment District 10. Resolution 05-31 - Transfer of Funds - Communications Department Overtime - $10,000 - - 11. Resolution 85-12 - Transfer of funds - Library, Public Works Telephone Expenses - $4,500 12. Resolution 0544 - Transfer of Funds - Airport Snow Removal - $14,000 2. 13. Application for New Liquor License - Beachcomber Steekhouos 14. Renewal of Liquor License - Little Ski No 0. MINUTES 1. Regular Meeting, March 20, 1985 { E. CORRESPONDENCE 1. *Source Unk. - Pacific Telecommunications Purchase of Centel 2. *Son. DsVrles - Title 29 Revision 3. •DNR Comm. Nunnicke - Cook inlet Gas b Oil 4. *DOT - Steeling Highway Upgrade S. No. Nelson B Assoc. - Harbor/Doak Facility - Kenai R. 6. *DOT Comm. Knapp - Spur Highway Maintenance and 4-Lane 7. •CBRA - Annexation Petition F. OLD BUSINESS 1. Street Light Costs 2. Lease Application - E. Petty - CIIAP G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requieitigns Exceeding $1,000 3. *Ordinance 1029-05 - Increasing Rev/Appns - Equipment to Plant 6 Remove Trees - $1,330 4. *Ordinance 1030-65 - Dlopoaltlon of Tracts A,8,C - Denalins Pt. 5. *Ordinance 1031-85 - Increasing Rev/Appne - Library Donations - 00000 6. *Ordinance 1032-05 - Amending Kenai Municipal Code - Appointment Betas - Harbor Comm., Library Comm. 7. *Ordinance 1033-85 - Amending Zoning Code - Variance Permit S. *Ordinance 1034-85 - Amending Zoning Code - Development Requirements - IL, IN Zoning Districts 9. Lease Amendment - Doyle - Gusty S/D 10. Discussion - Fine Arts Center By -Lowe 11. Discussion - EPA Grants - Major Sewer Interceptors 12. Discussion - Landscape Master Plan 13. Discussion - Fire Control Agreement with State 14. *Games of Chance b Skill - Peninsula Board of Realtors 15. *Games of Chance 6 Skill - Peninsula Home Builders Aeon. 16. Discussion - Project Statue - E. Allsk, Highbush, Bumblebee, Swiree Road Improvements H. REPORTS 1. City Manager 2. City Attorney 3. Msyot 4. City Clerk 5. Finance Director 6. Planning & Zoning 7. Harbor Commission 8. Recreation Commission 9. Library Commission 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD (Time Limit - 5 minutes per person) ADJOURNMENT 4 a 1 P . 1� KENAI CITY COUNCIL, REGULAR MEETING, MINUTES APRIL 3, 1985, 7s00 PM KENA1 CITY ADMINISTRATION BUILDING VICE MAYOR MEASLES PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents Tom Ackerly, Sally Bailie, 3000 Hall, Ray Nogales, Chris Monfor, John Wide Absents Tom Wagoner (excused) A-1 Agenda Approval a. Vice Mayor Measles asked that Reg. 85-35 (distributed this date) - Requesting State Legislature Fund Municipal Assistance h Revenue Sharing as Requested by Governor - be added as item C-15. b. Vice Mayor Measles asked that item E-5 be added to the Consent Agenda c. Vice Mayor Measles asked that item G-10 be deleted from the agenda. d. Vice Mayor Measles asked that item G-13 be deleted from the agenda. e. Vice Mayor Measles asked that Victor Hatt be added as item 0-1, to discuss Barabora Dr. f. Vice Mayor Measles asked that Ed Call be added so item 0-2, to discuss Mobile Homes. Council approved the agenda as amended. A-2 Consent Agenda MOTION: Councilman Ackerly moved, seconded by Councilman Hail, to approve the Consent Agenda. Vice Mayor Measles asked that items G-3, G-4 and G-7 be deleted from the Consent Agenda. Motion, as changed, was approved by unanimous consent. B. PERSONS PRESENT SCHEDULED Try BE HEARD 8-2 Victor Hatt, Kenai-Barebare Drive. Mr. Hatt thanked the City for the work done on their road. Residents of the area feel the road is an asset as is. There are no problems with width or size, just with maintenance. It is not a thoroughfare. An additional 30 ft. width would take much out of their property. The basic problem is the grade at Beaver Loop where it meets Barabars. There is a place further down where it could be widened. Councilman Wise said the project was one of 6 roads on Beaver Loop that need work. Public Works was asked to make a list of those not accepted and those not up to standard. City Manager Brighton explained, once a road is engineered, Public Works notifies all on that road to come in for public hearing. They can object at that time. Public Works Director Kornelis added, we do not have the funds at this time, we will not have a public hearing till the funds are available. He noted, this road does not meet City standards, they have had many complaints. 4-2 Ed Call, 1202 Lilac, Kenai - 4obile Homes This is not a dead issue as far as some people are concerned. The law that was put in split the City in half. You can not replace burned out mobile homes or move one you already have. The City said this was a Borough law. He checked the Borough minutes, Mayor Thompson asked why the Assembly did not do what the people wanted. One assemblyman r �r 1 KENAI CITY COUNCIL APRIL 3, 1985 Page 2 Be id the people would not understand. 105 of the people live in mobile homes. The City hoe been forcing growth towards the schools. The ordinance has not been stood on everybody. Why are people 2nd aloes because they live in mobile homes? He asked Councilman Hall if he felt it wee a conflict when he voted on this ordinance. Atty. Rogers said he would have advised if he thought there was a conflict. Mr. Call said he did not have the money to take it to court. He hoe been trying to start a mobile home sales in the City, but cannot. It wea not the Borough that put this through, but the City. C. PUBLIC HEARINGS C-1 Ord. 1022-85 - increasing Rev/Appne - Purchase City Atlas - $5,000 MOTIONs Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. PUBLIC COMMENT. a. Tom Luzny. He distributed copies of the Atlas and added, this hoe been used in other cities. Notion passed unanimously by roll call vote. C-2 Ord. 1023-85 - Increasing Rev/Appne - Water 6 Sewer - S. Highland, Bumblebee, E. Aliak, Swires, Highbush Rd. - s 232,000 MOTION, Tables Councilman Ackerly moved, seconded by Councilwoman Saille, to table action on the ordinance. Motion passed unanimously by roll call vote. Vice Mayor Measles explained, the bid opening has been postponed. C-3 Ord. 1024-85 - Finding City -Owned Lands Required for Public Purpose - FBO S/D a. Substitute Ord. 1024-85 NOTION$ Councilmen Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There was no public comment. NOTION, Amendments Councilman Ackerly moved, seconded by Councilwoman Bailie, to emend the ordinance with substitute 3-a in its entirety. NOTION, 2nd Amendments Councilman Wise moved, seconded by Councilwoman Sallie, to amend the ordinance, Section 2, line 1, after the words "City -Owned land," add "Lot 2, Block 2, FBO 5/0." VOTE, 2nd Amendments Notion passed unanimously by roll call vote. r KENAI CITY COUNCIL APRIL 3, 1985 Page 3 Councilman Wise sold the intent to to reserve this for future use but not in lieu of perking in the general area. VOTE, Amendments Motion passed unanimously by roll call vote. There was no public comment. VOTE, Mein Motion as Amendeds Motion passed unanimously by roll cell vote. Councilwoman Sallie suggested private concessionaires to run the airport parking. • C-4 Ord. 1025-85 -Increasing Rev/Appne - Museum Donations - $1,294 MOTION$ Councilman Ackerly moved, seconded by Councilwoman Sallie, to adopt the ordinance. There was no public comment. Motion passed unanimously by roll call vote. C-5 Ord. 1026-85 - Amending toning Map - Sprucewood Glen S/D MOTION$ Councilman Ackerly moved, seconded by Councilwoman Monfor, to adopt the ordinance. There wee no public comment. Motion passed unanimously by roll call vote. C-6 Ord. 1027-05 - Amending KMC - Lease of Airport b Airport Lands MOTIONS Councilman Ackerly moved, seconded by Councilwoman Bailie, to adopt the ordinance. There wee no public comment. VOTE (Peoeed)s Yves Ackerly, Sallie, Hall, Measles, Monfor Not Wise C-7 Rea. 85-33 - Setting Percentage of Costs of Streets, Sewers, Water 6 Other Improvements - Assessments a. Preliminary Assessment Roll - Aliak/McCollum Assessment Districts MOTION$ Councilwoman Battle moved, seconded by Councilman Ackerly, to adopt the resolution. PUBLIC COMMENTS a. Rick Baldwin, Kenai. He was asked by his neighbors in this area to address Council. He agrees with Council, he has argued for several years that there should be some mechanism to teat to see if residents went it. KENAI CITY COUNCIL APRIL 3, 1905 Page 4 The beat way to to have residents pay a portion of the cost. The City to coming around to that. There 1a no difference in principle but In degree and timing. The residents have oubmittad a petition asking for an assessment district. They requested 20% rather then 50%. This appears to be directed to them to "out them off at the pass" later in the agenda. They have put a lot of work in this. They have tried to change the toning laws in the area. If this to passed, their petition to no good. If they have to go back for another petition, they may not be able to got it for some time. This could be resolved with an addition to the resolution making it applicable to any assessment district received after the date of the resolution. City Manager Brighton explained, 4 years ago the City had a polbey to encourage city development. They decided that as long as there was State money available for upgrading atreete, ate., it would be adventagoue for growth. They have pursued this till the present time. Some areas would not have been developed had this been in effect. If this is adopted, it completely ties Couneil's hands regarding future development. if you cannot get people In the area to kick in a percentage, there will be no development in that area if this is adopted. This to not in the boot interest of the City or the people. Without this ordinance, Council will have to tell people no from time to time when money is not available. with this, they will not have to. Councilman wise said this is a resolution and can be amended. The City has spent $14 Million on water & sewer, $2 Million on airport roads. It was State money. We have benefited many property owners that did not live in the City. On Candlelight, Linwood, etc., we had a eommittment but threw it out. We expanded later. Had the City adopted an assessment policy of limited assessment, we could take $14 Million and extend it for the good of the City. The people should control use of public funds. An assessment district to a perfect way. The people in this area have indicated their willingness to cooperate. It to wrong for Administration and Council to decide how to spend funds. NOTION, Amendments Councilman Wise moved to amend the resolution in Section 1, line 3, change 50: to 25e. Section 3, line 1, delete the word "lighting." Section 3, line 3, change 1005 to 50:. Notion failed for lack of a second. Councilmen Hell said he would like more time to review. We are planning full funding on some projects now, this is changing policy. we need some flexibility. Councilwomen Bailie said, so a State we are getting too used to having things given to us. We have low taxes here and no State tax. The State says funds are being depleted. They are asking us to cut back. If the people want it bad enough they should be willing to pay for it. We would be making a mistake if we decided not to have assessment districts. Councilwoman Honfor said we should head in the direction of assessment districts. We will not get the money we had in the past, but it is not right to have them pay everything. City Manager Brighton said defea► of Chia in no way eliminates special assessment districts. Adopting this says you cannot do improvements without an assessment district. Councilwoman Saille asked about Section 4. Atty. Rogers replied, Section 4 takes away Sections 1, 2 & 3. Also, this does not differentiate between residential and commercial. There are no objective otanderdo for Section 4. i i i r KENAI CITY COUNCIL APUIL 3, 1905 It to what Caarrcil ooyo it to, Councilwoman Onl110 ouggnntod, if thlu In defnntod Coattail nhuuld not up a work "Bunton to oettlo thlu, VOTE. (failed) t } 1 Notion failed onatoim"noly by roll call vote, j C-0 Report to Council - Alluk/NoCollum A"uan"mont Ointtiat n. Preliminary Auoonomant Ifoll - Allok/N"Collam Aounat►mont ; Olattiet flnunev Director Drawn nxpinitoed, when the City reooivod tit" petition, it woo for "mailer "cope than the City plant but met the roquiromenta, it to a valid petition, Admlttletration roeommended a larder projoot and 909 800000ment. The people "eked for 205 nunenamont, Itototoeil doen net have to toko action on the percentage tonight. The public hue a right to protent at the public hearing, jI Council can act any 900e00ment they wish. CounOLlmen Aekatly nuked if the Cityy Ilan ptoporty bounded by thin j dletelct, finance Oftentnr 0town replied there may he a "mall amount that to city -awned. City Nanngor Otlghton explained, Administration felt Council wanted 9114 a@@e@ement dlotricte, fie naked that anon Coon@il onto a figure, they be connintant, Cuuneilmon Nine touted the water line to inn between Prinoono A OOron Pk" what in % the oine of the other@? Pahlie Work" Director Koroolto replied he thought Oaron Pk, won 120, They nixed It no it would make a Loop and nerve frjm both ands, Councilman Nice cold there in water from both endo now, Publio Work@ Director Kornelia replied, they ate "mall fender 11ne0. Councilman Niae oold Cher@ will atilt fin name peopitr in Heluge without voter b Dewar, Public Works Director Kernelin cold the line on let $3 will benefit many individual peuplo, ` C-9 Roe. 09-3D - Betting Date of Public Nearing - Allek/Noe@Lium Aaaeoument Olottlet i NOT1ONs 1 Councilman Aekerly moved, necondcd by Councilwoman Nonfor, to adapt the reuulotien. k ' There woe ton public comment, Nation p000nd by unanimous conoon►„ finance Director Orown explainad, they will hove to ' odvortloo for 4 wookc, thin is the 10 day they onto have the --"- hooring. C-10 Roo. 0941 - trannfer of {undo - COmmnnicetinn" Dept, Overtime - 6100000 NOT 10ti r Councilman Aekerly mevod, uaeanded by t;ouneiIwamoto Nanfor, to adopt the r000llition, There wan no pobiie ramment, Finance Oiroctor Orovn roportod, they Nava Nona Paid at thin i amount beginning in the nnnt.h of Moron, Not/ton punned by ananimotoo eon"not, I i t I. r � r 4 .1 i t i 9ennl Bl I c0NaL1,ll. Apoll. 1, 1904 Poll" A Co11 Ron, 00-il p fronofor of foods p hibrury, goblin 1lorko ralophnna fnponoos p f4,4(1N 14111111111 Connoilmon Ankorll1�� moved, osnnndod by Counafivomon Monfort to adopt, tho ronntution, ►Nora ►van no pubiie nomment, fionnoo Hlrootor (frown axplitiondt moot, of theoe ore not long dintanoo, pol►tio Norko did not bodget for a maintenonoo man, tbn Library Isaa nnmpotor nhorgao on Wit pbano hill, Notion pooaad by ananim000 nanasnt, Cp18 pop 119p)N . rranofor of fanda p Airport §now Rnmovnl 14 01100 $1011040 i (Snonaliwaman Nonfor moved, osnondad by Counollwnman fia/lia, to adopt tbs roaolotion, lbsro was no publio nommant, Notion pa000d by uoenim000 oonoont, C-11 Applioation for Linflor Linnnon p r (Isaohoombor otnekhouno Clark Nhalnn reported obe rnneivod a lott,er from the Aorongh that they bavo withdrawn their objootion to On appliostion, N011"W Coanoilman Aokorly movod, aBoonAsd by Counnilwomar► 11" Ma, Most a latter of noopobjoation ho nont to ANC rafiordinq Ifeaahonmbnr, , Notion paonod by onanimoon annnant, C-14 Nenswal of LNpsor Llnsnoe p 1 Lints Oki No Clark Nhelan oaid tho lforouub had sent a lottor of objoetion to vanawal, enolonod in tha pookat, "911Ulit Counaliman Acksriq mound, onoonded by Cnonr►iiwnmon Nnlita, to need a tot,tor oI 011,16,0100 to ANC reflardif►fl Littfa tikl No for nonppaymont of to+son, Notion poonod by noonimnao noaaont, 61A14 Nno, f14p94 o pn+l!onot,inq Logialoturn to rend Nrsninipal Anniotnnna and onvenf►e $harinrl as Rog000tnd by Governor NlIrllll(s Ca000ilroon Ankoriy rnovad, a000nded by I;nunnilwnmon Nallin, to odopl, thn rnontotton, r, rhoro woo on poblia nommont, i notion ponood by Doan tmnon r;nnannt„ !`; f; l: D P ri .p KF.NA1 CITY COUNCIL APRII, 3, 1900 Otago 7 Do MINUTED 0-1 Regular Rooting, Moroh 20, 1909 Clark Nhelan Bold pose 17, lot I►aragraph, line 2, the word@ "on the Hooutiflention Committee" he added alter the wordn 111" hor piano," Pogo 1B, next-tO;lant porngraph, loot lino, ahnnya the word" "on the nnxt ngondo" ko "at budget, work ao"" ona," A,ounoil approved tl►e minuton an amondnd, to CORIMPONDENCE E•1 Oouroe Hnk, Pacific Toloaommunigationa Purohono of Contol B•2 flea, 0evelo@ - Title 29 1(oviaion 9.1 0411 Comm, wunniako . Conk hint tin" 6 nit E-4 001 a oterlinpp Highway Ilpgrode E�4 on, Noluon 6 Aoaaa, - Horbor/Ocok Facility . Kenai 0, E-6 001 Comm, Knapp a Opur Highway Maintenance 6 4-Lone F,-7 CARA - Annexation Petition Approved by Conoent Agondn, F, OLO OU01N994 F-1 fttroot Light Cooto Finanen Oiroa►,or Drown roportad, ht" figure" agreed with Public Marko, ootlmate, Thoro in O oeporoto motor charge clue coo, Couaailmon Ankerly noted it would be ohoeper to y the metern, City Moonger Brighton ooid the 1904•84 ltiht hill in WPM), , Thoy Oro projontinq 060,009 hnforo the new lighto are added, if we inotoll, the bill would he $1cO,OBO, Inotallation would be nit additional 06,000, He ate doubling our light exponona, He naked that Podolia Norke do a survey themaelven, Publia Marko Oireator Kornalia ooked if tho Polioo Oopt, could do the ourvoy, Council agrood to tho onggention, City Manager Orighton added, tharo are lighto that onod replaolog, that in $290000 (note, f -2 Leano Application - E, Petty . CITAP NOTION, Tablas Counail(aan Ackorly moved, n000ndod by Councilwoman Rollin, to table nation till April 17 wanting, VOTE (Pn"aadll foot Ankorly, Oniilo, Noll, Nennlon, Mo"for Net Nino B, sea BHffififol) (3-1 (Jilin to Do Paid, Ullo to 4o Botlflod 04"1100t N,otlnallman Ackorly movad, oaaandad by Counallwannn Uollln, to apprevo the bills o0 oabmit,tod, Cnrtnallmon "too oakad, ern we Molding tho noeorit,ieo oa repureh000 agroamonto? Vionnra birartor Hrowo replied, t.bn aonurityy in ►told by a 3r4 party, hoot it to auro, Ihoro rtbnrlld bn nn problem, Motion p000nd by "nontmouo eonoont, f` I s F KENAI CITY COUNCIL APRIL 3, 1905 Pogo 0 0-2 Requioltiono Exceeding $1,000 City Manager 991419ton said there Oro 3 cents not, liateds Induotrlal Electric, $1,012,691 3014 (Changed to Precision Machine), i1,005,001 TOE Machine, $3,100,00. NOTION$ Councilman Rion moved, seconded by Councilman Nall, to approve the roquloitiona with additiona. Airport Manager frnot explained, 180 Roofing was for repair of aiding of the terminal building, There Mote no concrete bwrriera on the runway aide of the building. The baggage people have damaged the oidingo, They will have oomentafitled pipe along the terminal building, Notion panned by unanimous consent, O-3 Ord, 1029-05 - Inareso, Rev/Appno - Equipment to Plant b Remove Trove - $103O N0110N $ Councilwoman Monfor moved, seconded by Councilwoman oallie, to introduce the ordinance, Public Rorko Director Karnello aoid thlo to a firm offer. Notion passed by unanimous consent, 04019ON, 2nd Readings Councilman Rlae moved, oeeanded by Councilwomen Monfor, to have 2nd reeding thin data, Motion penned unanimously by roll call vote. NOTION$ Councilwoman Onilie moved, seconded by Councilwomen Monfor, to adopt the ordinance, There wee no public comment. Notion posood aneninoualy by roll call vote, 6-4 Bird, 1030-05 - Diopooition of Tracts A,9,C - Oeoa'ins Pt, � MOTIONS t j Councilman Ackeriy roved, eoaondad by Councilwoman 9ailie, to introdaao the ordinance, Land Manager Labohn explained, the difference between the ordinance and oubotitute distributed thio dote to, there to conflict and dapiteative language to ,eetion 1. 22.05,049b6 to all that in needed, Atty, Rogeta added, they are deleting the Oth WHER941, MOrIOR, Amendments r;Raacllren Rl9e moved, aecnnARd by r9anrllweaen Hnilia, to amend the ordinance to the oubatitute aubmitted this date, VOTE, Amendments Motion psooed uneninoucsly by roll call vote, - tf 1 .,.., - - ..-:ems• -- - - - '`" er i ._ - - -�-,�.�: �..iry KENAI CITY COUNCIL APRIL 3, 198S Page 9 VOTE, Main Notion an Amondeds Notion passed unanimously by roll call vote. 0-5 Ord. 1031-85 - Increeo Rev/Appne - Library Donations - f3,000 0-6 Ord. 1032-05 - Amend KMC - Appointment Dates - Harbor Comm., Library Comm. Approved by Consent Agenda. 0-7 Ord. 1033-85 - Amending Zoning Code - Variance Permit MOTION: Councilmen Aokerly moved, seconded by Councilwoman Bailie, to introduce the ordinance. Lend Manager Labohn explained, the difference between this ordinance and substitute submitted this date is, we are repealing and re-onaeting. The original did not make this clear. NOTION, Amendments Councilman Nine moved, seconded by Councilwoman Bailin, to amend the motion to the substitute ordinance submitted this date. VOTE, Amendments Motion passed by unanimous consent. VOTE, Mein Notion so Amendeds Notion passed by unanimous consent. 0-0 Ord. 1034-05 - Amending Zoning Code - Development Requirements - IL, IN Zoning Olotricto Approved by Consent Agenda. 0-9 Leese Amendment - Doyle - Gusty S/0 Lend Manager Labohn said Mr. Doyle is asking to add on to the original lease agreement - a goo island and an addition to the rear for detailing area for vehicles. It will be complete this year. MO1IONs Councilman Ackerly moved, seconded by Councilwoman Bailie, to approve the loose amendment. Notion passed unanimously by roll cell vote. 0-11 Discussion - EPA Grants - Major Sewer Interceptors Council agreed by unanimous consent to the recommendations. Councilman Wise naked, when are we goinq to move on the design? Public Works Director Kornelis replied he would like a work session to diacuoo thin. P,-12 oiscuosion - Landscape Master Plan Cuunr.itwomen Sallie reported there were bids from $5,200 to $121,000. I 'u M v { GPM-=s KENAI CITY COUNCIL APRIL 3, 1985 Page 10 MOTIONS Councilwoman Sallie moved, seconded by Councilwomen Monfor, to accept the proposal by R. Kaspriain for $9,080 for landscaping master plan for the down town area. Finance Director Brown said they do not have the money in the budget. We will need a funding ordinance or put it in next year's budget. Councilwoman Bailie said Mr. Kespriain will be here next week and will be able to piggyback with the old town study. MOTION, Addition: Councilwoman Bailie moved, with consent of second, to add to the motion, to prepare an appropriating ordinance for the next meeting. Motion passed by unanimous consent. 0-14 Games of Chance 8 Skill - Peninsula Board of Realtors G-15 Games of Chance h Skill - Peninsula Home Builders Aeon. Approved by Consent Agenda. G-16 Discussion - Project Status - E. Allak, Highbueh, Bumblebee, Swires Rd. Improvements Public Works Director Kornelia explained, they are having design problems with the project. Since the letter was written, the Anchorage office hoe burned and the drawings destroyed. There are 2 questions in the letter. He felt the 20 fto stubs suggested by HEA is the best solution. MOTIONS Councilman Wise moved, seconded by Councilman Ackerly, for approval of propping the HEA poles. Motion passed by unanimous consent. Councilman Wise noted the City had been saved from a major design problem regarding the high water table. Council agreed to go out for new proposals for inspection. ADDED ITEMS Tree Digger - Public Works Director Kornalis said he did not know the answer to most of the questions regarding the digger because this piece of equipment was requested by the Mayor. MOTIONS Councilman Wise moved, seconded by Councilwoman Bailie, to amend item G-2 to A.M. Leonard for Shutt: digger for $1,330. Motion passed by unanimous consent. H. REPORTS H-1 City Manager ! City Manager Brighton reported the 85-86 budget will be in 4-17 packet. h •' 0 0 KENAI CITY COUNCIL APRIL 3, 1985 Page 11 H-2 Attorney Atty. Rogers spoke. a. He referred to Info 016, Enetar Aesumption agreement. He recommended against City Manager Brighton signing. b. He noted item E-7, C&RA has apologized to the City. c. Items E-3 and E-4 have been forwarded to Fred Meyer Co. d. He is looking into the S&S Engineering matter. H-3 Mayor Vice Mayor Measles nominated Walter Them for Beautification Committee. MOTION# Councilman Wise moved, seconded by Councilwoman Saille, to approve the nomination. Motion passed by unanimous consent. H-4 City Clerk Clerk Whelan spoke. 6. Planning & Zoning and Council will be having a joint work session on April 10 at 600, regarding the old town study. b. Regarding item Info-14. This does not change Borough policy, it is merely to formalize it. H-5 Finance Director None H-6 Planning & Zoning Land Manager Labahn noted item Info-17, the Comprehensive Plan. H-7 Harbor Commission None H-8 Recreation Commission Recreation Director McGillivray spoke. a. The Commission discussed their summer programs. They received a proposal for dumpaters in the parks. They felt because of the activity, barrels would take care of it, except at the beach and the boat romp. b. Councilwoman Monfor asked, who will play on the bell fields? The duet bowl has grass now, has that been allocated to teems? Mr. McGillivray replied no, they want a practice field. We do not have enough for all teams. It will be shared. Councilwoman Mentor asked about the old FAA field. He. McGillivray said it will be used, but will need some work. The circus will be there too. C. Councilman Wise asked if the Commission has reviewed Cunningham Park. People are taking peat, there is a parking problem, the banks are eroding. Mr. McGillivray asked Mrs. Breeden to put It in writing. Council will have to review the banks erosion. Anyone can use the boat ramp, the parking areas has been enlarged. i j' KENAI CITY COUNCIL APRIL 3, 1995 Page 12 H-9 Library Commleelon None i. PERSONS PRESENT NOT SCHEDULED TO BE HEARD a. Airport Manager Ernst. The counter for Raven Transit has been received. The Bander/shaker hoe arrived. Regarding car rentals, as of 4.6-05, they cannot bring care to the loading zone. He will check on the divider In the men's rooms. b. Ed Call, Kenai. He invited Council and Administration to look at the 8 ft. fence at the end of Cook Inlet View Dr. He asked Public Works Director Kornelie if he did an investigation on the interconnection of Section 36 and Bush Lane. Spur Hwy and Wildwood intersection would be a catastrophe if the intersection was closed. Mr. Kornelia replied no. e. Father Tsrgonsky, Kenai. Regarding the mobile home ordinance. It is wrong. P&I had a hearing and decided they should all be in RR zones. An amendment was made and the ordinance was changed. There was no public notice. There is a conflict of interest with Councilman Hall. He is a home builder. He asked Atty. Rogers if a challenge in court would succeed. Mobile Home parka are only allowed in perks by conditional use and can be denied by Council at any time. Mayor Wagoner knows wealthy people in mobile homes - he does not know any poor people in $100,000 homes. d. Councilman Wise noted item E-3, Cook Inlet Gee & 011. Regarding Cannery Loop, we should go to the lessor and find out when they will develop. The 2 permits to keep them inoperative should come beck to Council. we can now find out our percentage with KUSCO. e. Golf Course NOTION$ Councilman Ackerly moved, seconded by Councilmen Hall, that the City of Kenai support the concept of establishing a municipal golf course - the City advertise for proposals and the proposals include a nine hole course to be expanded to 18, a jogging trail, cross country ski trail and a club house. Notion passed by unanimous consent. ADJOURNMENTS Meeting adjourned at 10s25 PH. 4�&-4-L Janet Whelan City Clerk real estate resources, inc, AIPR1985 CITY April 5. 1985 Honorable Mayor Tom Wagoner City Manager Bill Brighton Members of Kenai City Council Members of the Kenai Community P.O. Box $80 KenaipAK. 00611 j Ladies and Gentlemen: On behalf of my client Fred Meyer,, as well as myself,, I wish to take this opportunity to thank each and every person who met with us on our recent trip to Kenai. The reception you had arranged In our behalf shall always be remembered. We were amazed with the friendliness, as well as community awareness; and,, lost but not least, the City Fathers encouraging development In the community. We are looking forward to becoming a part of your community in the very near future. I Yours, Turns d y y 8 Cof%Turl, eat Steve Gale ST/do 7 7 Tho-, (206) 272-9M • Sm (206) 575-3339 Butte 145 • Old City Hall • 626emmermstreet • po.BOX1376 • TMma.WAgM W1 M � � CE-C=-)., c i . M 90* P40 ty-6 f3° ` -3 y 1 va Gomm Itr 70, . , �,�...-� �.•�•.� At A ,r 0 Eric Petty Management Plus P.O. Box 11802 Kenai, Alaska 99611 April 17, 1985 city Council City of Kenai P.O. Banc 580 Kenai, Alaska .011 Dear rA ail Members: I have enclosed same information Mich I believe is relevant to your decision on leasing lend to Fred Meyer and nVeelf at Air- port Road and Spur Highway. Although I shall be, arriving back in Kenai late Wednesday evening and apologize for not being able to speak with you on this, I hope you will find this information im- portent and resolve that Fred Meyer and nvself may coexist and each lease property as I have shown. I believe this would allow the m ximum development in the area and would be the highest and best use for the City of KenaiIsproperty as shown. Sincerely, Eric Petty Enclosure: F-� i � 1 r a " � 1 1) 1■ � L �w�A�1 S!Y R Mi � N+wAY C04 Polo WO, -4Eo - u - - - - - - - - - - - - - --- -- -- --- - - -- - IL 21,20.040-21.10.060 loaso or to tho uoo of the land appliod for, The application shall oxpiro within 6 montho of tot the application hau boon made If a loaoo has not boon entered into botween the City and the applicant by that timo, foaco Caton aro oubjoct to change on thO baoia of an appraisal done every 6 montho on the proporty applied for, (Ards 250, 400, 435, 531) 21.10.090 fiats Wantien—$rligg tq _Laaa4eit gjd=ds Oxcapt for concopt leacso applications doocribod in the section below, boforo acceppting applications to loaso lands the aroa invoivod shall have first boon claoaifiod for permitted land uses and a land uoo plan of the area prepared and pubiiely posted in tho City mall offices. The land use plan shall be prepared by the City planning Commission and approved by tho Council prior to posting. The availability of concept loaeos shall be made known in the posting. (Ordo 250, 921) 22,10,060 $ eansain® areandusal (a) Applications shall bo forwarded to the Advisor planning and Zoning Commission upon receipt. The Advisory manning and Zoning Commission shall normally consider applications for specific lands on a first -come, first -served basis if the Commission finds that the application is complete and tho uoo proposod in the application is the highout and boat uco and conforms to the Airport did©tor Plan and other goals not by the Commission or the City Council. Whore there io difficulty in obtaining a perfected application, dotails as to development piano, otc„ or whoro tho applicant fails to comply with diroctiona or roguostu of the Advisory Planning and Zoning Commisoion, any ouch priority will be lost, (b) The City Council shall normally eonoidor a loaao proposal only after approval of the Advisory Planning and Zoning Commission, itowever, appools of Advisory Planning and Zoning Commisoion disapproval may be made to the City Council, Completod loacoa aigned by applicant must be prosonted to the City Council within 30 dayo after approval by the Advisory Planning and Zoning Comminn ion, (cl Conceptual applications relative to unplattod land and/or unroleanod lands will also be considorod on a first-como, first-oorvod basis under the name conditiono oet forth above. On approval of concopt by the Advisory planning and Zoning Commission nnd'tho City Council, the applicant is a€ourod the right of first rofusal of the io400 following tho determination of a loaae rato in accordanco with establiuhod policy, provided 21-4.1 (City of Kenai 0upp. 011 - 0/15/01) 1A a 21,10,060-21.10#070 that applicant dolivarg t® City an assovutod laano with attachod application and with filOt rantnl peymont within 40 days aftor applicant in notified of th© tormn, (d) Whore theta are two or more a plieationa for the same ,Sirpart land# for different uses, than If the Advisory Planning & zoning Commission make# a finding that a nubaoguent application would result in Una of the landau for a higher and better purpoes with a greater benefit to the City of'Konai and the citizens thOroef, th©n the leans will bo inauod to ouah applicant notwithntandin ttic proviniong of subparagraph (a) and (a) in j this section wich provida for loaning on a first -servo, first-nerv©d baeie, Any applicant may appeal to the City Council from a finding or a tofUaal to find by the planning & Zoning COmmieniAn coo to hi hunt and boot up by filing an appeal with the City Clerk within 7 days a4tor the findingq in mnde ®r ref uaod by the Planning & Zoning Commission, (©rdu 400, 931, 000) 21*10#070 goXJ&Vl Me loaned land may bo changod in use, nor may any renewal 10400 ba inauod until the proposed Una or MGM has been roviewed by the planning Commission and approved by the Council, (Ards 230, 531) ■ I , s, 21m4,2 (City of Kona! aupp, Nli - 0/13/al1 �y 3 r ■ .r � d L �y r f CITY OF KENAI 4 40d eapdal 4 4"'f f 210 /IOAL00 KENAI, ALASKA 9/611 :1. .0"9I Intl 1293.113B MEMORANDUM TOs Kenai City Council FROMs .7ePP Labahn, Land Man949r, SUBJECT, eese LA0011cations Tract 0-1, CHAP b/D #4 - Cinema/ Retail/ Office - Eric Pattv , DATEs March 29, 1905 e KenAi Advisory Planning, h XAnina,CAmmiaflion ' At the regular meeting Of the Planning C®mmission on March 13th, the referenced 1e9ee ®pplication and additional information was reviewed and n approval was recommended to the City Council, The Commission further voted to turn the question of drainage and oftow removal over to the City Engineer and the Lend Manager to work out. The applicant has been advised that snow storage will not be permitted in the adjacent rights -of -way. Therefore, Mow ow storage areas must be provided on the lease property or snow hauled form the site, Also, a drainage plan must be submitted and approved j by the City of Kenai prior to construction of the phased development, LAAs�iAAtinfl RgJ��� Applicants Eric Petty d/b/a Management Plus Legal Descriptions Tract 61, CIIAP S/D #4 - 10.54 servo Premed Developments Phase I - Twin Cinema/Retail - Office July 1. 1905 - June 1. 1966 , j Phase It - Retail July 1. 1986 - May 15. 1907 Phase III - Retail/office _ June 1. 19A7 - May 1. 1"0 r i f _ PETTY LEASE APPLICATION Page 2 Value of Improvementes $1,120,000 (Phase 1) '- Appraised Property Values $ 826,500 Annual Lease Rents f 49.590 NOTES The revised site plan will be displayed at the Council meeting. It to too large to duplicate for the packet. JBUJI f r. I- - li • U� f r . r F J f �. Date Racoivede. Lt. a5 CITY OF KENAI Time r^op" u P.O. BOX 580 • KENAI, ALASKA - PHONE 283.7535 &w . �zaaa • LEASE APPLICATION 2 Name of Applicant AddressrL'!✓! 61l.rill La Business Business Name and Address /WA1.4e*1= i11r1'1T 1-3- i%'s 0 Kenai Peninsula Borough Sales Tax No. (if applicable) State Business License No. (if applicable) Telephone 11�6 Lot Descriptioni/Al L Desired Length of Leese —� ` 081) 0. //�� Procerty to be used for COy--3- Jcrl,Ll,'I OF %lnj CIMEMIt Description of Developments (type, construction, size, etc.) �:6��'?A ni- l uj' al 0 I1I It Q tr li:c AlirN .7�21c,c . Si'c'ccC. 91 d%r1)Q- QJWr�r_ Lthr" JAL Lt=&AWOW Attach development plan to scale (1" = 501), showing all buildings SICIAIC. planned. Time Schedule for Proposed Developments Beginning Date Jou-1 L id" lQP6 Proposed Completion Date h % [Q67 Estimated Value of Construction $ C/ti(���t♦ lkxro'coo r Date: ��/%� ,� Signed: i Dates Signed: 1 n '• 1 Description of Property �r,..� .� �-1 . (• , \ , l Q.. p � � � CONDITIONS OF ACCEPTANCE (To be completed by the City) Annual rent rate or cost R 45c)n (pX )c o�(;•";F OG ) Zoned forr-w•c�' Permits required Assessments Insurance required yc.s Const ruction must begin by �• �. �e3 (p. 1 • $(.; �'p�.,a„y� > Completion date for major construction:7.1.5(o— �j•\5.8 (1,.�,�s1 �` ram, THIS APPLICATION WILL BE MADE A PART OF THE LEASE 4 Planning Com issinn Approval: 8y: _ , Date of Approval City Council Approval: By: , city Lerk Date of Approval 4 A r- PTN. S'!s SE Ssc. U, T6M, RIM 6 Prw N % ME %4 Sec, 5, TSN, RII W , S. M. i 43-3 M. A � gPp�J% f8 0 �p�.s foal 8./ 4witthlo" Wa1467j,f�L �4 • L� . f y a.asAL � c 74 D-2 dr1;+ = 9 ,�►'�,` T1i. o • �. ' � �j►'�p� Co r2m, t � I usre� tR . ' �j►�� PARK $NB. No. 2 CK• 8Z•52) 4/d Ta. a �j f3K. 7R A .,� O • 90 "sAa i +, Assessor's Map ® �o �• Kenai Peninsula 90tough. / NOTE — Anam t 8toek NuebM Shown in RI iPM AnnsW§ Pared Number Shown in Cbeks e%, PAYMENTS OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 4-17-85 VENDOR DESCRIPTION DEPARTMENT ACCOUNT AMOUNT POD FOR APPROVALS Carmen Gintolt Library Contract CP-Library Adds. Engineering 3,367.20 .. McLane 6 Assoc. Engineering CP-Altak, McCollum Engineering 12,700.50 Tikigaq Coast. Pay Est. No. 6 CP-Police Adds. Construction 47,500.00 Lafayette Iast. Co. Furniture CP-Police Adds. Construction 1,657.03 62191 IISCO Inspection of Elec. Monitor FR-dater Professional services 861.00 93411 System PR -Sewer Professional Services 861.00 53411 McLane b Assoc. Engineering Sprucovaod Glen Asssss.P.ngineering 609.00 - FOR RATIFICATIONS ` Blue Cross April Had, Insurance Various Health Insurance 16,516.45 Marathon Oil February Natural Gas Central Treasury In Trust 14,618.28 Union Oil Go. February Natural Gas Central Treasury In Trust 13,379.31 PF.RS March Retirement Cont. Various Retirement 34,262.66 Homer Electric March Electricity Usage Various Utilities 26,216.51 Kenai Peninsula Borough let Qrtr Sales Tax Various Sales Tax 9,930.57 First Federal Bank REPO 4/12/85 Central Treasury Central Treasury 1,100,000.00 8,25% lat. jNational Bank of Alaska REPO 4/4/85 Central Treasury Central Treasury 3,165,000,00 8.02 lat. I T-Bill 4/8/85 Central Treasury Central Treasury 3,015,899.25 9.1102 Int. l RP.MBITIONS OVER $1,000.00 WHICH NERD COUNCIL APPROVAL. 4-17-83 MOOR _ _ Dy.SCRIPTl0 DEPARTMENT ACCOUNT ALu11HlT „-, Alooku Supping Syoteuo 100-Kenai City Atlao Planning b Zoning Mincollnncoun 2,500.00 Alaoko Rubber Rubber Couplingo 6 Ringo for PR-Nator Rupair b Saint. 1,236.00 mollhouae Repalso Hall'a Technical Service Aeration Bonin Biowero STP machinery b Equipment 3,450.00 Vibration Detection Syntem Alaoka Kwik Kopy 100-11.1brary Plana b Space. CP-Library Addn. Adminiotration 2,856.67 F i � f r) Suggested hys Beautification Committee CITY OF KENAI ORDINANCE NO. 1035-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1904-85 GENERAL FUND BUDGET FOR A LANDSCAPING MASTER PLAN FOR DOWNTOWN KENAI. WHEREAS, the Beautification Committee hoe recommended to the City Council that the City hire a planner to design a landscaping master plan for the downtown area. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as followas General Fund Increase Estimated Revenuess Apropriations of Fund Balance $90080 Increase Appropriations: Land -Professional Services $90080 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 17th day of April, 1985. ATTESTs Janet Whelan, City Clerk Approved by Finances TOM WAGONERv MAYOR First Readings April 17, 1985 Second Readings April 17, 1985 Effective Dates April 17, 1995 4 _ PARKS, ... RECREATION AND -.VISITOR INDUSTRY EXPERIENCE �*^R�Rw�AR11 47. Tl I M4NIF kasprisin des ign group r,, vZ, ?Le :METCr-00'.,=7= DEMG.'l 9,510 Avenue -Zasr. Seattle. 71a, 08102 --1 r' 51 1 ,1 I 72 Too Wagoner Mayor. City of genet 210 a tidalgo sfensi, AN, "611 20 March, 1981 F whiteRm md urtan Vk#mo © ws, a tiMiri(3, via, mm fear Mayor Wsgmwi Attached please tied a tattoo proposal for the M M o,,m LAM W"g MAgTdA VLW ' for the city at genet, We are pnsenity preparing s development plan for the 014 Tovnsits in rani and sre becoming tsmillss vltb the city, pargicalsrly the dovaSon awes, Guy qusliticsSions tar this type at p90fe66 include dorntosn design sad ra- vitalizativa plans, and landscnpa designs toy Ouch comunities so ffsinss, Junesu (Auks 8sy), (fstchiksn, and Wssills, Alooks, to 1982, ve vere warded rjgfR nag in She Missouls, Montana Dovntovn Rivertwone Corridor Design a7w titian, dealing with open space designs In 1984, vs received a Mayit Avsrd trca the Meriess Planning Association too our Haines Dovntmm Design sad We9e9990nt Park (aov Canatwv998d)S and in 1981, ws 1e641•1e4 Cho Outstanding Achisveasns Avard for the Fort Townsend, Washington Downtown Master plan, 9 in including a phased proposal for your review, based on an undarstsnding of your budywt conatralats, We certainly appreciste the opportunity to subsit this proposal end can sesurs you Chst us Consider tb an taportant project, 81 ld J, ysepris , A A, AVA1 m daily Osilto, '.icy council Slarson Islam , A PROPOSAL FAR THE KENAI DOWNTOWN LANDSCAPE MAGTOR PLAN � 4r1,111A1 1) on illustrated sus plan shout" -i To develop A 245649 plan for Cho downtown area landscape elBmentAs l Of MOSS, ASSAM Witch will dopier, iandseeps dootga for the commercial centers B) a reaorowaded phasing ,plans -� To iliustrago ohs landscape design and schematic 3) two end three dimensional sketches depicting design aharsctar, scale, + ' dotails in eve and three diswasions, appropriate for city approvAis and prAllminary cost and aaearialos .� AAtitsatiOfis 4) a proilasinary cost "Cltwts by phoos a To !ndlaiconstruagion phasing and to fund which Will be useful as a Planningtool{ and segomplish dash phases 4) rocomsendations on vinous ways to sahisvii e�DrOAh_aM 9tOMu;tst the poster plans i} •�� TM M Coon has developed a unique and highly illustrativo 6) a Nastsr plan document, printed and f` ' method of design, client approval, bound, outlining the rownundattons, sod project presentation. Based on Cho feet ihot ws en presently Conducting tip develop* n s 049 plan for Cho original torn steb plan end 1 researching conditions within the downtown in order to reduce the aley'a eosgo, the area. 'ra haws become familiar with the needs Kosprisin Design #houp vill lagsssrats the '4k in dowat6wn for beautification in new And its ssurvey@ to With Cho original Yownsits dtudy, f «J existing devsioQcAncs, at vela AA along airy in Addition, KDs has sit -house printing rope- #!=tit -of -way, /s understand the grids of billets which can result in savingo for Cho •� Kenai residents in their country And the final production of Cho 4ocusent for canual), desire to rsfleat that pride in the downtowns fie will design the final product 0 be simple, As volt so the friendly but eornest desire to straight forward and highly graphic, with only fs cogpAte with ffoldotns for the grewin$ visitor dollar, aseessitating a need to lisuAlLy AUppOr6408 9GX9 CaptiOna and COAL 916LQ4989, isprove the ismsi comraial ores and old Ns haw@ attached esssmploo of similar 4owotovn gown, landscape products for your rsvte'i, 1= will ' y most or SM068l the#@ produago for tonal, .,/ we will taib With the Mayor* interested city counatl and city pisnfltng eltrrission :,sabers And gropegey clines to dsterzins Cho type of design character desired for Site eigy. Booed on these lnter'/t"s end the design eape#LsncA of YM "Left veils# ssailar projects, H- ws will prepare iandeaspe 4ahaa wo to aigy raomid, pnllwifts tilt# rovimr rs w viill ilnaliBe .', roster plan c5cpiate with ins 1v116iing ;ducts, { F OFT'O"O'co"Ts Task/Pee4uctt 2mS Hourly Rates of Personnel Illustrated Sits Plan Ron Knoprisin .... ............. ......060/hour (Design sad Graphics) ............. 01,700.00 Atchitect/Urban Planar , f)��3:` !c' t Two, Paul Hedrick ..................... 045/hour r RtCommea0ed Phasing Plan .............. 400.00 Urban Designer Fes uct Threes Colin Baden ...................... 025/hour Bkecchss .............................. 960.00 Technician Teak/Preduct Pot}�t Pre1tainary Cosc RstimaCa By Phase..... 400.00 ; Implemeondttat�a ,moc omandatloas......... 480.00 s i � star P a� t 0 25 bound copies .................. 300.00 layout, typing ................... 960.00 Torsi Cost $5,280.00 I Those costs are based on "piggy-backin3" the review periods on to Ron Kasprisin's Tounsite trips. Any additioasl trips will be billed at 0125 par trip for trava1 Coats sad 0480 per day tot Son's time. Option 2 • in order to provide the City of Kenai with a =to detailed description of landscape cacerials including share they can be purchased. installation techniques and stsadards, their asiatanance and upkeep, and personnel scenarios co reduce Coots* the following section is added to Option is adds Sxpsnd Taak/Products Three, your and Pile •� to include a Prsliainar1 40eaificattons breakdown of ostartai availability, purchase opcioas/locations. installation techniques, aaintonanco and upkeep. and sersaned options. Those items WILL increase the coots by $3.800.00 ~ The t9tal coat Of option t and 2, oesurtaa no extra trips. will �a $1,040,00 A Suggested bys Planning & Zoninq CITY OF KENAI ORDINANCE NO. 1036-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING THE OFFICIAL KENAI ZONING MAP BY REZONING CERTAIN LANDS WITHIN THE CINDERELLA/PRINCESS/MCCOLLUM AREA TO RURAL RESIDENTIAL ONE (RR-1) DISTRICT. WHEREAS, KMC 14.20.270 establishes a procedure to amend the Official Zoning Map of the City of Kenai, and WHEREAS, the rezoning petition has been received from C.R. Baldwin, bearing signatures of a majority of the property owners within the designated Cinderella/Princess/McCollum area to rezone the referenced lands from Rural Residential (RR) and Suburban Residential (RS) Districts to Rural Residential One (RR-1) Dietrict, and WHEREAS, the Kenai Advisory Planning and Zoning Commission has conducted the required public hearing on April 10, 1985, and WHEREAS, the Commission amended and recommended approval of the rezoning petition in accordance with Resolution No. PZ85-26. 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 those lands depicted in E ibit "A" are hereby rezoned to Rural Residential One (RR-1) District. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day of May, 1985. ATTESTS Janet Whelan, City Clerk TOM WAGONER, MAYOR First Readings April 17, 1985 Second Readings May 1, 1985 Effective Dates June 1, 1985 a I 3 t jL.11� �1 �*►1 iLaN 1 RK dw v vwvLbv MIgK r sL fls- iroV %w rmi&wvz fig Uslis ___ HS R.' _ MINIMUM LOT AREA (aq.ft.) 40,000 40,000 7,200 '20;000 7,200 7,200 51000 ` with public wator and/or sewer* 20,000 20,000 7,200 12,500 7,200 7,200 5,000 MINIMUM MULTI -FAMILY LOT AREA (sq. ft.) 40,000/ 4 - family dwelling 20,000* N/A 9,600 N/A N/A 7,200 - - N/A 10,000 N/A N/A Sub. to Commission - 5 - family dwelling See Individual Approval Section" for Requirements 6 - family dwelling - N/A 12,006 N/A N/A Sub. to Cemmiseio - N/A - - 7 - family dwelling Approval MINIMUM LOT WIDTH 900 gp� 60' 600 60' 60' 600 250 2s' 25' 250 25' 100 250 MINIMUM YARD' Front Side 150 �t,' 51 51 51 52 15' Rear x n 20' 20' 20' 20' 10 20' 30%. 07. 30% 302 30% 40% - MAXIMUM LOT COVERAGES 351 .1 15• 35' 35' 35' - - MAXIMU11 HEIGHT 1 For structures with more than one story in height, tine minimum aide yard shall be 15 feet. 2 Except that for each full story over 2! sturies each aide and rear P Y 4 yard shall be increased three (3) feet. 14-61 '-.... (City of Kenai f i Supp. 034 - 3101M I h CITY OF KENAI " d Ca� of 4"„ W ROMAO KANAI, AMlIIA fullTtLA►MONdff�•1a April 11, 1965 MEMORAwvianon TO$City Council FR01ogers, City Attorney REsment of Lease - Grizzly Aircraft to Kenai Services, Inc. The City of Kenai has been naked to consent to the oaeignment of three losses from Grizzly Aircraft to Kenai Aviation Services, Inc. as well as consenting to the issuance of a new ©pecial ueo permit for the jet fueling facilities to Kenai Aviation Services. The new lessees, Kenai Aviation Services, Inc., will enter into three new losses for this property, as well as a new permit for the jet fueling facilities. With the above in mind, I rocommod the assignment be granted. The reason for lease modification is that the original leaaoo were entered into in 1966-68, and the leasing policy has changed dramatically since then. The following general covenonto hove been revised avid exgondod in the new lease forms Construction Approval and Standards Default Right of Entry Rent Escalation Idemnification and insurance Easement Grants Reserved Aircraft Operations Protected Nondiscrimination Compliance with Laws T-.. __ ..__-..._-. i L L A The following genoral euvenanto have boen oddii►1 to the lonoo fortis Aunignmont or 9uhlottinq Cooto anti Expen000 Louoo Utilization Condition of Promt000 Right to Enjoyment and Pon000blo P0000noion Leooee to Pay Taxes special sorvicoe No Partnorohip or Joint Venture Croatod Default bankruptcy, Eto. Modifications Warranty Right to Adopt Ruloo Non -liability Financing Amendment of Lonoo Cato of Promi©ea ' sanitation j Lovooeln Obligation to Removo Liono Condemnation " Protection of subtentanto successor in Interest governing Low Nat icon Riqhto of Nortgoqoo or Lionholdor Entry and Re-entry Retontlon of Rental Written Waiver Building and zoning Coden fire Protection Personal Ueo of Natortaln Mutual Cancellation Unlawful Use Prohibited Approval of Other Authoritioo �. With thin memo Oro coploo of the aeoiO nmont, our eonoont to that soeignment, the now lon000 and now permit, no well au tho mutual rociesinn agroomenta for the original loaaea and permit. TR/dg ` r i a. , 1 • k I k I M;BI t1fflT Ap UAOP AND OF WE DkRNM i For good and valuable consideration, receipt. of which In hereby acknowledged, RICHARD 0009RO and CARROLL GIEVRRB, d/b/e � G0122LY AIRCRAFT BD.RVICF,G, an Alaska partnorabip, pouch 720, Kenai, Alaska 99611, hereinaftor roferrod to as "Aoelgnor," do hereby assign, transfer and set over to KRHAI AVIATION ABRVICES, INC „ an Alaska oo ggo at-Wn, d/b/a Aviation Servicear * whose mailing address !o �O efc JiAye j4(&-,u&r 4,% 99 ors na er re errs a no " ss gnee;,Zi o e r ► ,. o and lnteroet in and under the followings desoribod Lesson and Use parmits 1. That certain Loss@ to Let 1, Block 3, according to the Flat of General Aviation Apron ties If also known an the Small Aircraft Apron Oubdiviaien, tiled under plat No. 73-68, records of the Kenai Recording District, Third Judicial District, St•ste of Alaska, dated February 1, 1966, with the City of Kenai as Lessor and A. L. Hudson, A/b/a Hudson's Aircraft 6 Engine Repair, as Leseeo, recorded in Hincelfaneoua Dank 40 at page 260, at. seq., on July 7, 1971. Assignor to the present losses thereon by Assignment Of Lease dated May 31, 1903, and recorded June 3, 1993, in Bcok 210 at page 290. The City of Konal did duly con - "at to nald Assignment., 2. That certain Lease to Lot 1, ®lock 1, according to sill the plat of General Aviation Apron Ho. 1, also known as the Small Aircraft Apron Oubdivision, filed under plat. Ito, 71.68, records of the Kenai Recording District., Third Judicial District, State of Alaska, dated January 9, 1966, with the City of Kenai as Lessor and A. L, Hudson, d/b/e Hudson's Aircraft & engine Repair, as Lessee, recorded in Miscellaneous Book 40 at page 265, on July 7, 1971. Assignor In the present lessee thereon by Assignment, of Lease dated May 31, 1993, and recorded June 3, 1993, in Book 210 at Page 284, The City of Kenai did duly consent to said Assign- iiil men# kl 3. That certain Lease to Lot 2, Glock 1, according to ' ij the plat of General Aviation Apron tio. 1, al@O known as the Small { Aircraft Apron gubdivio/on, filed under plat No. 73-69, record@ of the Kenai Recording District, Third Judicial District, 3tato j of Alaska, dated January 12, 1967, with the City of Konai so a k' Lessor and A. L, 1lu40on, d/b/a Hudson's Aircraft 6 Begine Repair, } as Losses, recorded in Mlscellanoeus Real; 40 of page 270, on July 7, 1971, Asoicnor is the present lessee thereon by Assignment of Lease dated May 31, 1993, and recorded June 3, 1983, in Book 210 at page 207, The City of Kenai did duly consent to said Assign- ment. - - 4, That cortain floo permit entered into between the City nt Kenai and Assignor, doted July 26, 1904, and recorded in Bonk 242 of page 379, et, noq., on July 27, 1994, which use Permit grants a non-exclusive use to certain real property +hero- in dnacribod, prostently utilized as a jet fuolinq facility, leosted 4t, under and across fhn 4j601er4l aircraft npron, Kenai M'fnicipal Airport, Kenai, Alaska, -'rind 'diLii4m IS, Griffin, .Jr, 4n4 'Wxtar Y• ",nidor, :,n individuals, A40fgUM91iT 9F 1,19A01V At1D OF 110P, pUNIT pny« I 1) it 1 I' Purther, Assignor does hereby assign, transfer, set i over and sell to Assignee all and every fixture and improvement, ! both subsurface and above surface, upon, under or associated with said leasehold properties and Use Permit. IN WIT E88 t9HERE0P, this Assignment is executed this day of ,'/�_, 190b. ASSIONORr ' a— RICHARD ODE , b/a Grizzly Aircraft Services, an Alaska partnership �ii.l� .ar�rQ Aircraft Services, Inc.,ranz y Alaska partnership s• L_ Y CONSENT AND APPROVAL OF LESSOR gEi City of Kenai, Alaska, Lessor under the above - described Le a and issuer of the above -described Use Permit, does hereby co nt and approve of the assignment of said Leases a and Use Permit, s eat to the following conditioner 1. Assign@ shall enter into row lease agreements with ` the City of Kenai as L sor. The term of said leases shall be that remaining upon the L sea hereinabove assigned. 2. The Use Permit hall be modified to provide that the term thereof shall be co -ex Iva with the term of the Leases hereinebove assigned$ provided, wever, that the Use Permit shall continue to be separate and i pendent of said Leases. 3. Assignee shall accept the ties and obligations of the leases and user under the terms and pr isions of said Leases and Use Permit, subject to the conditions he in stated. DATED this day of 1985. CITY OP KENAI, Lessor By Its ASSIGNMENT AP LEASE AND OF USE PERMIT Page 2 r Y ro f P ACCEPTANCE The assignment of Leases and Use Permit hereinabove set forth is accepted, subject to the conditions set forth in the Consent and Approval of Lessors the duties and responsibilities = of the lessee and user thereunder are accepted and shall be per- formed by this Assignee. DATED this _3 day of , 1989. AS INDIVIDUALS0 KENAI AVIATION SERVICES, INC. an Alaska corporation, d/b/a _ Aviation Services William S. Griffin, Jr. i f Byit Baxter F. Snider Pelf; i 8y Its �1 S;`T? ALASKA ) q ppi \\\OF ) as { i THIRD DICIAL DISTRICT ) IS IS TO CERTIFY that on the day of ` , 1985, before e, the undersigned, a Notary �-blic in anTfor rife S R g State of Alask duly commissioned and sworn as such, personally . ` appeared Rich d Odgers and Carroll Sievers, the . and , respectively, {j { a Grizzly rcra t Services, an as a partnership, known to me to be the in persons scribed and who acknowledged that said instrument was signed JV sealed on behalf of said partnership for the uses and purposes erein mentioned. IN WITNESS WHEREOF have hereunto set r; nand and seal the day and year first her above written. r . . ' T Otary u c n en or Alaska My COmm1181 Expiress .• STATE OF ALASKA ) 7. so THIRD JUDICIAL DISTRICT ) l THIS IS TO CERTIFY that on the day of , 1985, before me, the undersigned, a Notary public in a or t e i State of Alaska, duly commissioned and sworn as such, personally appeared , the '�. of ' ASSIGNMENT OF LEASE AND OF USE PERMIT Page 3 I 0 r.1r Ij i! ' the ity of Kenai, known to me to be the person described in and who knowledged that said instrument was signed and sealed on behalf f the City of Kenai for the uses and poses therein mention IN ITNESS WHEREOF I have hes reunt et my hand and seal the day a year first herein above wri on. Wo—t-a—r-y—,rublic in and for Alaska My Commission Expirees STATE OF ALASKA @s i THIRD JUDICIAL DISTRICT 1 THIS IS TO C IPY that on he day of , 1985, before me, the ndersigned, a No ry Pul ie in an�iTie State of Alaska, d y commissioned and a rn as such, personally appeared and , the ---anY respec- tively, of Kepalv a on Services, Inc., an as a corporatio , d/b/a Aviation Services, known to me to be the rsons describ — in and who' acknowledged that said instrument Oke signed and op' bebalf of said corporation for the uses nd purposes ;0e8l,'sd i mentioned. IN WITNESS WHEREOF I have hereunto set m\4and1 the day and year first herein above written.y Y ary Pu c n a or ij My Commission Expires: ASSIGNMENT OF LEASE AND OF USE PERMIT Page 4 e r) Tin Room G1Y OF 99" W. tb •t..w 4&YA~1 At rYw SLATE OF ALASKA )ao THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on thio e,4 _ day of 1985, RICHARD ODGERS. being poraonoIty no,n tc mo`err "havTnq produced satisfactory evidence of identification, appeared be/ore me and acknowledged the voluntary and authorized execuiipn of the foregoing instrument. - !� Notary 1`110110 for AIUDkfi My Commission Expireos V STATE OF ALASKA ) )so THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this //A/` day of . r 1985, CARROLL SIEVERS, heinq peroonel y n—own to me or aving produced satisfactory evidence of identification, apooered beford me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Riset My Commission Expireos�� r i (STATE OF ALASKA THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this ty/7. day of , 1965, WILLIAM S. GRIFFIN, JR., being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. ` 4114A 'A Notary FUDLIC for Alaska My Commission Expireos STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1995. , being personally known ra me of having p—ru—d—uc—ea sat s ac ory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. Notary Public for Alaska Hy Commission Exptress STATE OF ALASKA ) )D8 THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this lay of 1995, WILLIAH J. HRIGHTON. City M anage� the City�� Alaska, being personally known to me or having produced satisfactory evidence of identification. appeared before me and acknowledged the voluntary and authorized execution of the ►oregotnq ingtrumetit an behalf of said City. is ary fii iC ftir Alauka fly Commijolori Fipiress 1 r' 1 its 110011Af of NOW , &M M •Cur NAYARxI. As TOW �=I CITY Of KENAI CONSENT TO ASSIGNMENT The Assignment from RICHARD ODGERS and CARROLL SIEVERS, d/h/e GRIZZLY AIRCRAFT SERVICES to WILLIAM S. GRIFfIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/o AVIATION SERVICES, dated April 9, 1985, covering the following-doecribed propertys Lot 1, Stock Is Lot 2, Block 1, and Lot 1, Block 3, General Aviation Apron, Konsi, Alooks Is hereby ACKNOWLEDGED AND APPROVED, subject to the same terms and conditions ea contained in the original Leases ebove-deacribed, subject to the followinq conditionot 1. Assignee shall enter into new lease agroemento with the City of Kenai as.Leeaor. The term of said losses shall be that . remaining upon the Losses hereinabove aeeigned. This Consent is given by the City of Kenai without waiving any right or action, or releasing the Assignor from any liability or responsibility under the aforementioned Lease, and does not relieve the Assignee from the condition requirinq the City approval for any subsequent sublease or assignment. m, 3. Brighton City Maneqer STATE Of ALASKA ) )se THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1905, WM. J. 9RIGHTON, City Manager orThe City o eT nk er#--JiTaska, being personally known to me or havinq produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoii., instrument on behalf of said city. o ery Public rat 4la9ka My Commission Expiress F r r) MUTUAL RECISSION AND RELEASE KNOW ALL MEN BY THESE PRESENTSs That on the day of 1985, RICHARD ODGERS and CARROLL SIEVERS, T/17-0 GRIZZLY—TrffA►T SERVICES and the CITY OF KENAI, do hereby mutually rescind that certain Permit dated July 26, 1904 and recorded on July 27, 1994, In Book 242 at Page 379, in the Kenai Recording District, Third Judicial District, State of Alaska, of the following described real propertys An area 601.0" x 651.0", as shown on a survey dated September 25, 1968, made by Hewitt V. Lounabury b Associates and located 501.0" south of the present Terminal Building, together with fuel line location under and across the General Aircraft Apron as outlined on Standard Oil Company of California Drawing G8-131332-0 dated August 27, 1968 and described as Plot 6 Piping Plbn - Jet Fueling Facilities, Western Airlines, Airport. Kenai, Alaska. Such survey and drawing to become part of this permit That in consideration of the mutual recisaton and termination of said Permit, RICHARD ODGERS and CARROLL SIEVERS, d/b/a GRIZZLY AIRCRAFT SERVICES and the CITY OF KENAI are Seen finally discharged as to the other on said Permit. That the CITY OF KENAI and RICHARD ODGERS and CARROLL SIEVERS, d/b/a GRIZZLY AIRCRAFT SERVICES shall enter into a new permit on said property as of the date of this recission. No representations have been made by one party to the other and that this Recieaion is not effective until all parties have executed it and a mutual agreeable new Permit entered Into by and between RICHARD ODGERS and CARROLL SIEVERS, d/b/a GRIZZLY AIRCRAFT SERVICES and the CITY OF KENAI on the above -described real property. IN WITNESS WHEREOF. the parties hereto have set their hands and seals the day and year first above written. CITY OF KENAI Oates Sys m. J. Briqhton City manager ATTESTS Janet Who ion. y er Dates GRIZZLY AIRCRAFT SERVICES Sys c er gars Sys Carroll Sievers 0 1 'u o. . THI 198 Ale art ack for Ales fore 1 I 1 - �k r� 5 n E OF ALASKA ) es ID JUDICIAL DISTRICT ) THIS IS 10 CERTIFY that on this day of , RICHARD ODGERS, beinq peraonally known to me or haT lured satisfactory evidence of identification, appeared before and acknowledged the voluntary and authorized execution of the �goinq instrument. Notary Public or Alaska My Commission Expires: 'E OF ALASKA ) ee 10 JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , i, CARROLL SIEVERS, being personal own to me or having lured satisfactory evidence of identification, appeared before ind acknowledged the voluntary and authorized execution of the igoinq instrument. Notary Public or Alaska My Commission Expiress fE OF ALASKA ) RD JUDICIAL DISTRICT )ss THIS IS TO CERTIFY that on this day of , , WILLIAM J. BRIGHTON, City Manager% the City o ens , _ being personally known to me or having produced lofactory evidence of Identification, appeared before me and owledged the voluntary and authorized execution of the instrument on behalf of said City. Notary Public for Alaska My Commission Expires: 2 q i J n i3 STATE OF ALASKA ) )oe THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, MILLIAM S. GRIFFIN, JR., indivi ue y ae wel ao n s representative capacity, being personally known to me or having produced satisfactory evidence of identification. appeared before me end acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary u c ror Alaska My Commission Expires% STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of . 1985, BA%TER F. SNIDER, individually es well as in his representative capacity, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary u e for Alaska My Commission Expirest STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS 1S TO CERTIFY that on this day of , 1905, WILLIAM J. BRIGHTON, City Manager% the city 07 5 Alaska, being personally known to me or havinq produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary u c for Alaska My Commission Expires$ 2 a t _ rF MUTUAL RECISSION AND RELEASE KNOW ALL MEN BY THESE PRESENTS: that on the day of 1985, WILLIAM S. GRIFFIN, JR. and BAXTER F. SEER and KENAI AVIATION SERVICES, INC., d/b/o KENAI AVIATION SERVICES and the CITY OF KENAI, do hereby mutually rescind that certain Lease dated January S. 1966, and recorded on July 7, 1971, in Miscellaneous Book 40 at Page 265, in the Kenai Recording District, Third Judicial District, State of Alaska, of the following described real property: Lot 1, Block 1, General Aviation Apron That in consideration of the mutual recission and termination of said Lease, WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES. and the CITY OF KENAI are each finally discharged as to the other on said Lease. That the CITY OF KENAI and WILLIAM S. GRIFFIN, JR, and BARTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES shall enter into a new lease on said property as of the date of this reciesion. No representations have been made by one party to the other and that this Recission to not effective until all parties have executed it and a mutual agreeable new lease entered into by and between WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES and the CITY OF KENAI on the above -described real property. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. I� CITY OF KENAI Dates Bys m. J. Brighton City Manager ATTEST: snot he an, y er Dates KENAI AVIATION SERVICES. INC. Date s 0 Bys nisiiam 5. urirrin. .sr. Title Bys Baxter r. snider stLe AS LVDIVIDUALSs WiltLam s. G'rs n, r. Haxter F. Snider s h � _ J PM -..... . a�. -.... r_ .. .. ` 1 F � 4 l r MUTUAL RECISSION AND RELEASE KNOW ALL MEN BY THESE PRESENTS: That on the day of , 1985, WILLIAM S. GRIFFIN. JR. and BAXTER F.-3MER and At AVIATION SERVICES, INC., d/b/s KENAI AVIATION SERVICES and the CITY OF KENAI, do hereby mutually rescind that certain Lease dated January 12. 1967, and recorded on July 7, 1971, in Miscellaneous Book 40 at Page 270, in the Kenai Recording District, Third Judicial District. State of Alaska, of the following described real property: Lot 2, Block 1. General Aviation Apron That in consideration of the mutual rectosion and termination of sold Lease, NILLIAM S. GRIFFIN. JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES, and the CITY OF KENAI are each finally discharged so to the other on said Lease. That the CITY OF KENAI and NILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES shall enter into a new lease on said property ae of the date of this recision, No representations have been made by one party to the other and that this Reeisolon is not effective until all parties have executed it and a mutual agreeable new lease entered into by and between NILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES. INC.. d/b/o KENAI AVIATION SERVICES and the CITY OF KENAI on the above -described real property. IN WITNESS WHEREOF, the parties hereto have set their hands and ousts the day and year first above written. CITY OF KENAI Oates Sys m. J. Briqhton City Manager ATTEST: Janet Whelan. y er Date s Oates 0 KENAI AVIATION SERVICES, INC. By s wiltiam 5. Grirrin. Jr. litte By$ ax er F. Snider Title AS IyOIVIDstALSs am 5. 3riffin. Jr. Baxter F. Snider STATE OF ALASKA ) )ae THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, NILLIAH S. GRIFFIN, JR.. indivi us y ae wel aT a in Fre representative capacity, being personally known to me or havinq produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said corporation. Notary Putilic for Alaska Hy Commission Expirees STATE OF ALASKA ) )ae THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, BAXTER F. SNIDER, individually as well as in—RT representative capacity, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said corporation. Notary Public for Alaska My Commission Expirees STATE OF ALASKA ) THIRD JUDICIAL DISTRICT )ss THIS IS TO CERTIFY that on this day of , 1985, WILLIAH J. BRIGHTON, City Heneger% the City—oTRensi; Alaska, being personally known to me or sysvinq produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said City. Notary Public for Alaska Hy Commission Expirees Z h - MUTUAL RECISSION AND RELEASE KNOW ALL MEN BY THESE PRESENTS: that on the day of 1985, WILLIAM S. GRIFFIN, JR. and BAXTER F, v3=ER and KEiAl AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES and the CITY OF KENAI, do hereby mutually rescind that certain Lease dated February 1, 1968. and recorded on July 7, 1971, in Hiocellaneoua Book 40 at Page 260. in the Kenai Recording District, Third Judicial District, State of Alaska, of the following described real property: Lot 1, Block 3, General Aviation Apron That in consideration of the mutual reelssion and termination of said Lease, WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/e KENAI AVIATION SERVICES, and the CITY OF KENAI are each finally diocharged es to the other on said Lease. That the CITY OF KENAI and WILLIAM S. GRIFFIN, JR. and BAXTER F. .SNIDER and KENAI AVIATION SERVICES, INC., d/b/a KENAI AVIATION SERVICES shall enter into a new lease on said property as of the date of this reeiesion. No representations have been made by one party to the other and that this Recision is not effective until all portion have executed it and a mutual agreeable new lease entered into by and between WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/s KENAI AVIATION SERVICES and the CITY OF KENAI on the above -described real property. IN WITNESS NHEREOf, the parties hereto have set their hands and seals the day and year first above written. CITY OF KENAI Dates Bys m. J. arighFon City Manager ATTESTs Janet Whelan, City clack Dates KENAI AVIATION SERVICES, INC. Dates r� J 0 By s wttisom S. t,rtrrin, Jr. Title By s Baxter F. Snider Witle AS IYDIVIDUALSs William 5riffin. Jr. axter F. Snider rr Ate' STATE OF ALASKA ) )sa THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAM S. GRIFFIN, JR., tndivi ua y as wa aT s r—R VU— representative capacity, being personally known to me or having produced satisfactory evidence of identification, appeared before mo and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. j Notary Public for Alaska Hy Commission Expiress STATE OF ALASKA ) )go THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1985, BAXTER F. SNIDER, individually as well as to h�Sis representative capcity, being personally known to me or having produced satisfactory evidence of identification. sopeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. i Notary Public for Alaska My Commtoston Expiress STATE OF ALASKA ) ! )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAM J. BRIGHTON. City Nanagec of the City o ene , Alaska, being personally known to me or having produced 1 satisfactory evidence of identification, appeared before me and I acknowledged the voluntary and authorized execution of the foregoing Instrument on behalf of said City. Notary Public For Alaska My Commission Expiress 2 I USE PERMIT (Airport Facilities) THIS AGREEMENT entered into this day of • 1985 by and between the CITY OF KENAI, a home euTe charter municipality of Alooks, hereinafter called CITY, and WILLIAM S. GRIFFIN, JR and BAXTER F. SNIDER and KENAI AVIATION SERVICES. INC.. d/b/a AVIATION SERVICES, P.O. Box 40", Kenai, Alaska 99611, hereinafter called USER, W 1 T N E S S E T Ns That the City, in consideration of the payments of the rents and the performance of ail the covenants herein contained by the User, does hereby authorise, on a non-exclusive basis, the User the following described property in the Kenai Recording District. Alaska, to wits An area 601.0" x 65'.0". as shown on a nurvey dated i September 25, 1960. made by Hewitt V. Lounabury & Asaneiates and located 501.0" south of the present Terminal Building, together with fuel line location under and across the j General Aircraft Apron so outlined on Standard Oil Company ; of California Drawing 08-131332-0 dated August 27. 1968 and described as Plot & Piping Plan - Jet Fueling Facilitiea. Western Airlines. Airport, Kenai, Alaska. Such survey and drawing to be�o1mR pact of this qpp�[/. i for the term of 9 (3) years from the day of i 1905. to the 30th day of 3une,rF99". at tiFe annual ran a of $392.73 payable yearly in advance of the first day of each permit__ year of amid term. The rental specified herein is calculated at the rate of j 3.900 square feet at 1i.1007 per square foot. or $392.73. jjjj'�4�:!4 � In addition to the rents specified above, the User agrees to pay to the City fees as hereinafter provided: The fuel flowage fees as outlined in Section 10.130 of the ! Kenai Municipal Airport Rutoo and Requlationas the wholesale distributor of all aviation fuel shell pay the City a fee of 2 cents per gallon for all aviation gasoline, 1-1/2 cents per gallon for all jet fuel. and 5 cents per gallon for all aviation oil delivered outside the City for use on the Kenai Municipal Airport, provided that the above fuels and oils are to be used in i any type of aircraft. The fee shell be paid on a regular monthly basis by the wholesaler and a list of the bulk gallonage delivered tr, each indivitilsil nn fornd supplied by t'le Cit•. j with a copy of the invoice for each delivery :oust be submitted. i Exceptions are made to fuels sold to the United States Government l Agencies dispensing petroleum for their agencies' use. , The User also agrees to pay any fees an may be outlined in S any future revisions to the above mentioned Section or renumbered q section tnereof, said fees to be payable in a customary manner by l User's supoliere. {Ifj The purposes for which this permit is issued arils I User's operation and maintenance of es►stinq facilities for j ,3torsge. distribution and sale, of oetroleum products, includinq aviation f,seis. ails, lubricants and related products. an said venat Airport, provided that this Shall not prevent similar 1 ':tTys USER: acttvttIso at other locations on said airport and the User agrees to continue to use the privilege granted uninterrupted by periods which in the aggregate amount to no more than 60 days. GENERAL COVENANTS 1. Except as provided herein, any regular use of lends or facilities without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses ouch as, but not necessarily limited tos aircraft ramps or taxiways, passenger terminals. automobile parking arose, roads and streets. 2. Solicitation of donations or the promotion or operation of any part or kind of business, or commercial enterprise not contemplated by this permit upon. on or above airport lands without the written consent of the City is prohibited. 3. Any or all personal or real property placed or used upon lands or ►n facil►tlee in violation of the preceding proh►bitions may be 'removed and/or impounded by the City and who" so removed and/or impounded, ouch property may be redeemed by the owner thereof only upon the payment to the City of the costs of removal plus storage charged of 310.00 per day In the cane of each aircraft of not more than 6.000 pounds gross weight, or $50.00 per day ►n the case of structure or each aircraft in excess of 6.000 pounds gross weight, or in the case of any other kind of property in an amount not to exceed $50.00 per day. 4. The User agrees to pay the annual rental and fees specified and not to assign Its permit or any part, nor let, nor sublet, either by grant or implication. the whole pert of the promisee or any part without written consent of the Citys provided, however, the foregoing shall not prevent User's performance and exercise of any and all rights granted hereunder by or through its duly appointed Airport Oealer or agent. 5. The User agrees to keep the premises clean and in good order at its own expense, suffering no strip or waste thereof nor removing any material therefrom without written consent of the City. At the expiration of the term fixed. or any sooner determination of the permit, the User w►ll peaceably and quietly quit and surrender the premises to the City. 6. Checks, bank drafts or postal money orders will be made payable to the City of Kenai Municipal Airport and delivered to the City Administration Building, Kenai, Alaska. 7. Any construction if permitted by amendment hereof, shall be neat and presentable and compatible with its use and surroundings. Prior to placing of fill material, the User shall submit a plan of proposed development of property to the City who shall approve in writing all major permanent improvements. 9. At the expiration of this permit, if the User desires a renewal. it shall within thirty (30) days before the expiration make application in writing for a renewal. certifyinq under oath as to the character and value of all improvements exiatinq on the land. facilities. properties or Interests therein. the purpose for which it desires a renewal and ouch other information as the City may require. The User shall deposit with such applica►ion the sum equivalent to 100% of the annual rental or fees still in effect. Such application, when fully conforming to the requirements herein stated. will extend the permit until such time as the City gives notice to the Hoer thats 'I) the request for renewal has been granteds or (2) the request for renewal has been rejected. ntatinq the reasons for such rejections or '3) the 2 1*11y: 'ISER s J City has determined it to he in the beat public interest or to required by low or regulation to offer the permit at public 9. Should default be made in the payment of any portion of the fees when due* or in any of the covenants or conditions contained herein, and said default to not corrected within thirty (30) days after receipt by floor of written notice from City of ouch default, the City may ro-onter and take possession of the Premises# remove all persons therefrom and upon written notice terminate the permit. 10. All written notices to be given by Iloor to City hereinafter shall, until further notice by City. be addressed to City at the City Administration Boildinq, P. 0. Box 590. genet, Alaska 99611. All written notices to be given by the City to User hereunder oball, until further notice from Uoor, be addressed to Users, Gritzly Aircraft Services, PouCh 720, Renato Alaska 99611. All ouch notices ahall be given by depositing the some in the United States mail, postage prepaid, for delivery by registered or certified mail. 11. the uses authort:ed by this permit are subject to any and all of the covenants, terms or conditions contained in the Instruments conveying title or other interest to the City, 12. City ohall have the right. at all reasonable times, to enter the promisee. or any part thereof, of after notice to the User permit others enter thereon so long so the Uoerlo use hereof to not unduly affected. 13. User covenants to save the City harmless from all action, suite# Liabilities or damages resulting from or arising out of any acto of commission or emission by the User# its agents, employees, customers, invitees or #rising from or out of the User's occupation, or Use of the promises or privileges granted. tneurance coverage limits reouired (if floor are net forth below. (a) Public liability insurance protecting both the City and/or its agents and the Uoer, ouch Insurance to be evidenced by a certificate showing the insurance in force, the amount of ouch public liability Insurance shell have limits not less than those known as $5,000.000 combined single limit (bodily injury and property damage) and aggregate. (b) floor agrees to carry employer's liability insurance and Workmen's Compensation insurance. and to furnish a Certificate thereof to the City. te) Insurance contracts providing liability insurance and Workmen's Compensation shelf Provide for not less then thirty 430) days written notice to the rity of cancellation or expiration or substantial change in Policy conditions and at no colt to the city. that the insurance arrarded by t1119 policy or policisto for morp than one named iaqo1rPfJ, nhall nnt operate to increase the 11motg of the companOG liability. hoot otherwine uhall toot operate to (f) the lnatirnnce procured by User an hornin required shell he looped in the name of the User and the City by a company licensed to de 1jams000 in the State of Alaska, and ohnit contained endersomento that (1) ouch insurance may not be cancelled or amended with respect to the City without thirty 00) days written notice by registered or certified moil to the City by the insurance companyi and (2) Iloer shall be solely I responsible for payment of promiumo and that City shall not be required to pay any premiums for ouch insurance. i 14, the User agroos to furnish the City an annual sworn statement of graoo business receipts and/or an annual sworn statement of the number of gallons of fuel and oil cold and/or any other cortifieata or statement requ►rod by the City to 4 stibotantiate the computation of rento or fees. ` 15. Any or all Charges, face or other consideration which Ore 4ao and unpaid at the expiration or voluntary or involuntary 1r termination or cancellation of this permit shall be a charge againat the User and, its property, reel or personal, and the City i shalt have ouch Icon rights an are allowed by low, and enforcement by distraint may be made by the City or its suthorited agent, 16. City reserves the right to take. grant and control easements in, on or above the Land used. 3a ouch qrsnt or easement will be made that will unreasonably interfere with the User's use of the lend, 17, this permit is subject to cancellation upon thirty (30) days written natico from the City to the User if the User does not maintain reasonable operationo or commits discriminatory acts, and ouch operetiono or sets are not corrected by User within said thirty (30) days. 10, User agrees that City may modify this permit to meet requirements for foderal or state grants, or to conform to the requirements of any revenue bond covenant to which the City to a party provided that, In the ease of modification to conform to the requirements of any revenue bond covenant, the modification shall not act to reduce the rights or privileges granted the User by this permit nor act to cause the User financial lose. 19, Improvements owned by a hoer on airport Lands shell. within oixty 160) dayo after the expiration, termination or aoncelletion of the permit, be removeds provided. that, in the opinion of the City, oseh removal will not aaueo injury or damage to the landos and farther provided that the City may extend the time for removing such improvements in application for extenoion has been made in writing and received within said sixty (60) day period, the ratirinq User may, with consent of the City, nett its improvements to the aueeeodinq user, 20, If ally Improvements and/or chattels having an appraised value in excess if $10.000 as d/Jtermined by the City are not removed w►tnta the time allowed by 6enerat Covenant 1a. 19 of this permit, auen improvitmenta and/or chattels shell, upon due notice to the Uoar, be sold at public auction under the direction of the Ctty. the eroceedc of sale snail Snore to the User who awns such tmprovements and/or nhattelz after deductinq and payinq to the City all recto or fpeo due .tnd owson and e%petsoeo incurred 1 In making ouch tale. to rase there .ire no other bidders at ouch p auction. ihp City to authortred to hid on each sraprovenents and/nr eugtt@10 an amount tgoal #y the amaurtt owed to the City by the U<ier or 51,M)o nhtchever amount ►a grifeter. the City of venal :hall scquir,? all the s•sghtc, both lesial and equitable, r that any other e•sr,-naaer a,,qulrP by rNaeor; rat •loch nur�chaoe, a ttrvs 115ER t 21. If any improvements and/or chattels havino an appraised valuu cif S10,600 or . •ia. ao determined by the rity. are nr,t removed within the time allowed by General Covenant No. 19 of this permit, such improvements and/or chattels shall revert to , and absolute title shall veet in the City. 22. This permit is issued subject to all provisions and requirements of the laws and regulations of the City relating to airport lands and granting of privileges of the same as though they were set forth in full over the signatures of the contracting parties. 23. If any term, provision, condition or part of this permit is declared by a court of competent jurisdiction of the State of Alaska to be invalid or unconstitutional. the remaining terms, provisions, conditions or parts shall continue in full force and effect as though ouch declaration wee not made. 24. There Is hereby reserved the City of Kenai, its successors and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the premises herein conveyed, together with the right to cause In said airspace such noise as may be inherent to the operation of aircraft, now known or hereafter used for navigation of or flight in the air, using said airspace or lending at, taking off from or operation on the Kenai Airport. 25. The User. by acceptinq this permit, expressly agrees for itself, its representatives. successors and assigns that it will not erect nor permit the erection of any structure or object which would be an airport obstruction within the standards eetablished under the Federal Aviation Agency Technical Standard Order N18, as amended. In the event the aforesaid covenant to breeched, the City of Kenai reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object all of which shall be at the expense of th User, its successors or assigns. 26. The User. by accepting this permit, expressly agrees for itself, representatives, successors and assigns that it will not make uae of said property in any manner which might interfere with the landing and taking off of aircraft from said Kenai Airport or otherwise constitute an aircraft hazard. In the event the aforesaid covenant is breached. the User reserves the right to enter on the land conveyed hereunder and cause the abatement of such intereference at the expense of the User. 27. User acknowledges that this authorization is not intended as an exclusive grant or prtvlleoe. 28. 'Should for any reason the City determine that the fuel facilities or any part thereof owned by the User should be relocated. the User agrees that the City may at any time have such relocation accomplishment at the City's own expense. the City shall make Nvery effort to cause such relocation in the most expeditious manner as possible, nowever, in no event will it hr liable for any lose of profits or other i,►convenience to the permittee resulting from such relocation. IN WI T%ESS WHEREOF the parties hereto have set their hands the clay and year stated in the individual acknowledgments below. rIlY OF KENAI By. William J. fJriqhtan City ;lanager 5 rlfyi USER: AS INDIVIDUALS: KENAI AVIATION SERVICES, INC. i By$ William S. Griffin. Jr. WATItam S. Griffin, Jr. i i Baxter F. Snider Snider I STATE OF ALASKA ) ) ea THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985. WILLIAM J. BRIGHTON, City Hanagor—o7 the City o ens . Alaska. being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and suth)rszea execution of the foregoing instrument' on behalf of said City. Notary u c for Alaska Hy Commission Expiress STATE OF ALASKA ) )sa THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAM S. GRIFFIN. JR., indivia'ua y as wei as n s representative capacity, being personally known to me or having` i produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf )f said corporation. `otarl Public ror Alaska My Commission Expiress STATE OF ALASKA ) )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985. 9AXTER F. SVIDER, individually -go—well as tn-Wre— representative capacity. being personally known to me or havinv produced satisfactory evidence of identification, appeared before re and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. I kjotary Public for Alaska My Commission Expires: 6 • f y Lt ; F F C I r Y 2 11SE R s u u v, e �r 1 0 r� i M LEASE OF AIRPORT LANDS THIS AGREEMENT, entered into this day of 1985. by and between the CITY OF KENAI.—M—y )fail. 210Fid al`go Street, Kenai, Alaska 99611. a home -ruled municipal corporation of Alaska, hereinafter called "City", and WILLIAH S. GRIFFIN, 3R. and BA%TER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/3 AVIATION SERVICES, P. 0. Box 4046. Kenai. Alaska 99611, hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the Following described property in the Kenai Recordinq District, State of Alaskal to wits Lot 1, Block 1, General Aviation Apron A. PURPOSE: The purpose for which the Lease Is issued let Aircraft parking. aircraft sales and service, aircraft repair and maintenance, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, sale of aircraft parts. aircraft rental and sightseeing, charter flights. pilot training and air cargo service. B. TERHt The term of this Lease is for 35 years. commencing on the day of 1905. to the 30th day of June 2020. C. RENTAL PAYMENfs Subject to the terms of General Covenant No. 9 of this —Lease. rental for the above -described land shall be payable as follows: 1. The annual rental rate shall be 6% of the fair market value (as set forth and defined in General Covenant No. 9) of the demised premises, end the rental on the effective date of this Lease shall be $3,960.00 per year subject to redetermination pursuant to General Covenant No. 9. 2. Annual rent for the fiscal year beginninq July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2,400. then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 4. In addition to the rents specified above. subject to General Covenant No. 9, the Lessen agrees to oay to the appropriate parties all levies. assessments. and Marilee as hereinafter provtdeds (a) Taxes portaininq to the leasehold interest of the Lessee. (h) Sales tax now enforced ur levied in the future computed upon rent pa)ablc In monthly inst3limento whether rent is paid .us a reunthl> >r .early basis. 0 LESSOR: LESSEE: i n .+ - - - - - -- - - - -- -- -- L (c) Lessee agreen to pay all taxes and asnonsmento levied in the future by the City of Kenai, an if Loonon wen considered the legal owner of record of the leased property. (d) Interest at the rate of eiqht percent (811) per annum and ton percent (toe) penalties of any amount of money owed under thin Leese which is not paid on or before the date it becomes due. D. GENERAL COVENAN1St 1. USESt Except so provided herein. any requler use of lands or-Tacilities without the written consent of the City is prohibited. this prohibition shall not apply to use of areas designated by the City for specified public uses, ouch no passenger terminate, automobile parking areas, and streets. 2. USES NOT CONTEMPLATED PROHIRIIEOs Solicitation of donations or the promotion or 000rationo any part or kind of business or commercial enterprise, other than as specifically Got forth herein, upon, in or above airport lands. without the written consent of the City is prohibited. 3. ASSIGNMENT OR St1RLE1TI%Gs Lessee with City's written consent, which will not be unreasonably deniod, may assign for other than collateral purposes, in whole or in part. its rights an lessee hereunder. Any sooignee of pert or all of the leased premises shall assume the duties and obligations of the Lessee as to such part or all of the leased premises. No such assignment, however. will dieeharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSES: Costs and expenses incident to this Lease, includinq# but toot limited to, recordinq coats shall be paid by Lessee. S. TREATMENT OF DEMISE: the Lessee agreea to keep the premises clean and in qoo or er at its own expense, suffering no strip or waste thereof, nor removinq any material therefrom. without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and Gurrender the premises to the City. 6. PAYMENT OF RENTS Checks, bank drefte, or postal money orders shall be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDAROSs Buildina construction shell be neat and presentable and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildinne on a leased area. the Lessee shell submit a plan of proposed development of oroperty to the Cit) Planninq Commission which shall he approved in writinq for all permanent improvements. R. DEFAULT RIGHT OF ENTRYt Should default he made in the payment of any Port ton of tme rent or fees when due. or in any of the covenants or rondltions contaiiied in the Lease or in any requlationo now or hereinafter in force. then in ouch event the City shall by written notice niye Lessee thirty (30) days to cure nueh default nr Hefaults. after which If the defsuit is sot cured. the Citti may terminate the (rase, reenter and take posseaston at the premises, and remove all perGong therefrom. LEli SoRi LESlit. F.i r'" 7I i M• . Z 7 9. RENT ESCALATIONt to the event thin Lease to for a Iorm In exeons of five a yeora, the amount of rento or fees specified heroin shell. at the option of either party, be subject to redetermination for Increase or dearease boned on the per- centago rate (set in C.T. above) of fair market value at intervals of five (5) years from the lot day of July preceding the effective date of this Lease. No increase or decrease In the amount of rents or fees oholl he effective, until after thirty (30) dsyo written notice. Fair Market Value is defined as "the highest price eetimated in terms of money which s property will bring if exposed for onto on the open market allowinq a reasonable period of time to find a purchaser who buys with knowiedgs of all the uses to which it to adopted find for which it is capable of being used", This Fair 3orket Value will be boned on the condition of the Land on the date of this lease plus the value of Improvements, if any, made by the City subsequent to the date of thla Leone which would affect the value of the property. At each five (5) year interval, the City will have the fair market value determined by a qualified independent appraiser. The redetermined lease rate. annual rent, under this provision shell be limited to a fifty percent 00:) increase In the prior lease rote until the 30th year anniversary of the lease after which the 50% cap provision shall no longor apply and the lease rate oholl be redetermined every five years on the basis of fair market evaluation as Indicated above, 10. LEASE NTILItATIONs Leased lands shall be utilised for purp000s within thF scope of the soplicotion (made a pert of this Lease and attachad hereto), the terms of the Lease. the terms of the deed under which the land was granted to the City (end any relesseo pertinent thereto), in conformity with the ordinances of the City and Borough, and with Kenoi Airport Regulations, and in substantial conformity with the comprehensive plan. Utilisation or development for other than the allowed uses shell constitute o violation of the Lease and dubjoct the Leone to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. IT. CONDITION OF PREHISESs The premised demised herein are unimproved an ore oaoe on an "ns is, where to" basis. 12, PROTECTION OF AIRCRAFTs No buildinq or other permanent strut ure shall he placed within fifty %501 feet of tn" property line fronting a lending strip, taxiwoy. or apron without the written approval of the City. This area oholl be used for parking aircraft only, 13. 1t4DERLY1Sr, TITI.F.s Ilse sntereat4i transferrer!, or conveyed by thin .ease are oub.oct to any and all of the covenants, terms, or ronditiono contained in the inatrumento conveying title or other Interests to the City, 14. 31GHf Of 1'.SPFCTlg4s Ctty shall have the rink► at sit resoonab c times to err er he premiaeo. or any oar# thereof, for the purpuoos of loopeation. is. i40 moslf ICA110S A4D Ift511RAurf s tPooee envPonat,i to save the City harmicoo from ALI ar. form. ouitn, liabl►ttied. or •samagea reesltsnn frnm or -,irsatnn out of ;any recto of cumminri/nn or amtaa uni by the. Indoae, hto agenta, enntoyreo. y t k5:it)R s LE55Cf:s 1 Id .. ur..s. -- - _ ._.7 cuotomero, Invitooa, or arining from or out of the Lnaneora occupation, or use of the prominoo domisod, sr privilogos granted, and to pay all costa connected therewith. Loosen, at the expense of L00000, shall keep in force, durinq the term of thin ngreeme►►t, insurance Issued by responsible inourenco companies nuthorirod to do huoineno in Alaska, in forma, kinds and amounts an determined and directed by the City for the protection of City and/or Lenses. ineuranao requirements hereunder shall he subject to the note determination of the City. Sold insurance may Include, but need not he limited to, insurance coverages commonly known se, or otmilar in kind to, public liability, products liability. property domage, cargo, aircraft, fire, workmen'e compensation, comprehenolve. builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all cocoa where possible name City no coinoured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the farms, kinds and amounts directed to be procedured, Leanne shall deliver all policy originals or duplicate originals and endorse- mento thereto to the City for Incorporation within this agree- ment no attachment thereto. In any event, Lessee to not to commence to ouerctoo any of the rights and privilogee granted under this agreement until ouch time so all insurance directed and required to be furnished by Looses is in full force and effect. Leanne exprossiy underatondo and agrees that any insurance protection furnished by Losses hereunder aholl in no way limit its responsibility to indemnify and save harmless - L0000r under the provisions of thin agreement,. No policy of insurance shalt be conceited or amended with respect to the City without thirty (30) dayu written ►lotice by regiaterod or certified matt to City by the insurance company. Until otherwise directed in writing by the City Manager, LeasaO aholl provide certificates of insurance within thirty (30) days of the date hereof as followol Comprehensive General Liability Combined Sinqle limit (Bodily Injury & Property Damage) . . $1,000,000 Workmen's Compensations Statutory limits Automobile Liability Combined Single Limit (Bodily Injury & Property Damage) $1,000.000 Aircraft Liability Public liability and property domage combined ningle limit) in the amount of S1.000,000 with no oub-limit for pn000nger lisbitit$ Notwithotandinel anyth►nd to the cuntrarip. of tevoeg Oilu or negleeto to secure required insurance or if ,inid polies or policleg are terminated, altered. or rhanned in any Banner a►ot acceptable to the Ctt). then and in that e,,ent this lease mgv he conceited and terminated. without penalty, tin f:-.e ,S) aays written prior notice to Lounge. L r I'i n N i ..„% LE551.'rS M 16. COLLECTION ON UNPAID MONIESt Any or all rents, charges, fees, or at -her consi erntton which fire due and unpaid at the expiration of voluntary or involuntary termination or uanrellatidn 'If this 1-3-,', .;hnll he i horge agatnst the Lessee and Loeoee's propert . 11 .u• Ily anal, ouch lien rights as are altuwed by law, and enforcement by distraint may be made by the City or its authorised agent. 17. EASEMENT GRANTS RESERVED: City reserves the right to grant and control easemen a n, or above the land leased. No ouch grant or easement will be made that will unreasonably interfere with the Lessee's use of the land. and Leoeee shall have free access and use of any and all parking and loading rights, rights of ingress and agrees now or hereafter appertaining to the leased premises. 10. LEASE SUBORDINATE TO FINANCING REQUIREMENTSt L000ee agrees that City may modify this Lease to meet revised requirements for Federal or State grants. or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or prtvtlor;eo granted the Lessee by this Lease. nor act to cause the Lessee financial loss. 19. SURRENDER ON TERMINATION: Lessee shell. on the loot day of the term of tfis Lease or upon any earlier ter- mination of this Lease. surrender and deliver upon the promisee Into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable wear and tear since the last necessary repair, replacement, restoration or renewal. free and clear of all lettinqs and occupancies unless expressly permitted by the City in writing. and free and clear of all liens and encumbrances other than those created by and for loans to City. Upon the end of the term of this Lease or any earlier termination thereof. title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance, or bill of sale thereon. However, if City should require any such document in confirmation hereof, Lessee shall execute, acknowledge, and deliver the same and shall pay any charge, tax, and fee asserted or imposed by any and all governmental units /n connection herewith. 20. AIRCRAFT OPERATIONS PROTECTEDs ie, There is hereby reserved to the City. its successors and assigns, for the use and benefit of the public. a right of flight for the passage of aircr,." in the airspace above the surface and ail improvements approved by the City of the premises herein conveyed. together with the right to cause in said airspace such no►ae as may be Inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air. using said airspace for landing at, taking off from. or operating on the Kenai airport. !When plans for improvements pursuant to paragraph 7 are approved by the City. the City to the extent of those improvements releases the easement here expressed!. :b: The Lessee by aecootinq this conveyance expressly agrees for ituelf. its representatives. eueceasnre. and assigns. that it will not .?rect nor permit the erection .if any-itructoire or oe.tect, nor Permit the growth of any trees on the, land Corive.ed hereunder. .ihich would be an tiirpdrt oustruction within the iitanHards :•stabli•shPd under the Federal Aviation Administratinn Renulattons, Part 77. fig amended. Iq the event the S f c 3,tlR: IF55ftt aforesaid covenant in breached, the City roourvoo the right to enter on the land conveyed horounder and to remove the offendinq otructure or object. and to cut the effondinq true, all of which rshall he at the expense of the Lessee or its heirs, auccsaours or assigns. 21. RIGHT TO EN30YMENI AND PEACEABLE POSSESSIONt City hereby agrees and covenants that he Lessee, upon payinq rent and performing other covenento, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold. use# occupy, and enjoy the said lensed promises, except that any inconvenience caused by public works projects in or about the lesoehold promises shall not he construed an a dental of the right of quiet or peaceable possession. 22. LESSEE TO PAY TA%ESr Lessee shall pay ail lawful taxeo and assessments wh e , durinq the term hereof may become a lien upon gr which may levied by the State, Borough, City, ar any other tax levying body. upon any taxable possessory right which Lessee may have in or to the property by reasons of its use or occupancy or the terms of thin lease. provided " however, that nothing herein contained shall prevent Lessee from contesting any increase in ouch tax or assessment through ; procedures outlined in State statutes. 23. SPECIAL SERVICESt Losses ogr000 to pay City a ' reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNERSHIP OR 30IN1 VENTURE CREATEDi It to expressly understood a e City shall nof be construed or held to be a partner or joint venturer of Lessee in the conduct of _ ro business on the demieed promioeel and It is expressly understood and agreed that the relationship between the parties hereto .a, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY. ETC., If the Lessee shell make any assignmentor a ens o creditors or shell he adjudged a bankrupt, or if a receiver to appointed for the ; Lessee or Lessee's assets, or any interest under this Lease. and if the appointment of the receiver to not vacated within thirty (30) days, or if a voluntary petition is filed under Section 18(s) of the. Bankruptcy Act by the Lessee, then and In any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. 'iONDISCRIMINATIONt The Lessee, for himself, his heirs, personal representatives. aueceaoors in interest, and assigns, as a part of the connlderation hereon. dnea herohl covenant and aqree as a covenant running with the land. that, ;a) No person on the Iroun.fa of race, color. or national artgin onall he excluded from part ir,ipntinto in. denied the benefits of. or be otherwise Subjected to discrimination to the use of said facilities, 'h) In the Cor►4truction •)f 1ny improvement,; on. over. or -ruder JuCh land and the turntahinq of ;erviceo thereon, no per,►on on she orounda or race. color, ar nationnl ur,gte shall 're excluded from narticipatinn. denied the henettla nf, .r otherwtse be 7ublected In u dtor-rrm,nations ii I E 550" $ s ( e ) IIto Ianaoo nfioll uiso Iha torefnlfinn in aomplljofo"if with oil fit toot, ruqutrp,monto lmpoaod by jot• purnuafif In IItIa 49. Cuda at fodor ol Rnqul(it ► (loth f i)apnrtrnnnt of irarlaportfit turf. '5ubtitfit A, iirfierl or Iha ff"arntury, Port 21, liolld►tif:remlaaltuft tit fenlofolIV-afl01011. •1 Prggrarnn of the unufirtmanf or Irunflpurtfit Ililt a Effot"tuatlou fit Brio VI a1 the CIVI► Rightfl A"t of 1964, and flit nalrl Oaililint lotion fngy lip umohdodl (d) to Iha avant raatlitloo ofrt nunntruatode Maintained, lit' atttorw►ue oporatod on the flflid properly dooeribed in thin Iennn, for if purpaao lovaivinq the prov ialun of olmilar vorvloeu ai' bonufite, the 1.110000 shall maintain and oper"te quail reviiltiofl In,# fl"rvieee !a aempl►unau with fill othor raqulramontti imposed Paramount to title 49, Cnda of redurtrl iinqulutlnnn, Aopartment of Trannoortntion, 4elotltlo A, bffivo of the tooraturyf Part 21, !londloarimtnutlot# In redorally-aooloted Pregrame lit the bnpartrnont of (ramp"rtation . rffoatuatfnel of Title V1 of the Civil Riqhtn Act of 19ft4, ilnn ao maid P"quiat►nna may be amondod, 27. PARTIAI. tNVM,1911yi if fifty form, provioloa• oandItIon, otr par u ila .aurae is declared by o effort of eumpotont Jurlodietion to he invalid of unc"notitutlennl, the romuininq terma, Provlollina, rlandlt ialin, fir Porto a11411 o"nt iron In full forge and affect an thougtl dean deular"tion wan not made, 20. 14001f1CA11049i fie luune may be madi,ind "rally or In any mofrnor Of For" h�hy rill agreement in wri►•trul, nirlood by all portion in internal. or their fiUaaeomero it? intoraot, Any each modification oholl require Couneil approval, 29. NARRANiIts Iha City dooa not warrant that Ilia proporty which r ub,leat at thla Leoae 10 nutted for the uee nuthariflod harotrt, and no gfoara"tufr to glvon ,ir Ir"Inllad that if ehall bra orufitablo or oultabla to emolay the prap"fty tit auoh moo. The City will not he hold ro"potaulblo for any water areulua of the land. 30, RIGHT 10 AOOPT WILfffl City roonrvro the rlght to adopt# amend; nit? —en ua rvonnnaal" rule(; and requiatiano yavornifiq the demlood prominno and the public areao and fao►litieo used In aarfaoot•ien #herewith. Oseopt In anona "f amorgaaey, no ruts OF requlofion hereafter adoptod or ritneodod by tho City gholt become nppilant/lp unleafl L"aaao Plait boon givafo thirty (30) dayo hatted "f odoetion or (jrnondmont. thoroef, 31, Oit1N-LIAOILItYf City shall tie# be liable to i_e0e00 far any mina fen or deprivatoffe of pquaaiigluu, fir fir t.aa000ln tight hereuodor. oil uiteount of Iha onerelma fit •oft quell right or fio►.tfgrity err Pr"vtdgd In 'file) fir the oreeotltory mtfo'l ion, four analI 60000e Ito entitled to formirtato the wholly 9f joist tmartlyll a/ tho logoehold lyotato hnroltt rrvated, by rnannn fif foe rnnrelue of roach rlghto for author►fq, 'eltionm I'll, r'tlffrfffgo 1100fogf rihvl i ion 11101fora witto teoua010 udtt -Ifni •JaC•Jagn(ly of the t9:0fieftn1d aryl, iltf flu Io aonatitnto 11 tarmlfoatton fit waalt, ,1r lot Puff for thl'i 1•,fiflo by aparaf tall ,mf ifiw in J/Rf.'ItrdStlll,p, wilt, top I.loq fir tho it et r, fir Alfinka ,I10,1 (if the nnitad ''riato•f lam? jopal/cfible f•1 'ion ufrilp,fi, 52, fTgAr1C11If;s a: r,tr flip, auroo•so ,it omortrn •1r ')orm-omoaf f►urifof ►rut dP r,finttfivoffq fln•n 11•r-o It fIme of ftio ►'nnrncrmnniq fro ire pliltfp," Uatmrt l'Io 1"mmil ornml'1nfl, .IHa f•tr 'to nthe'r i'ihftit 1 I1,y,1i's = -� tl ' a_+seesa+�wiii�irr�rrrur—_....-•• � _ . � , I 11 It porpoe(), La"arms nrtfir lllvinll wit Ito"" fifit.In" Ihnraor tit i ttin r,itvt mny sit /eemh"r It mt#He0rtn, de"fl of I rfifft, a"algomnnt fir 011ur appreortill it ulntvemnntf La0000Ia f latlrr"ot to the In11o"11 promleen lifid to "fill it) thle Leaao, provided "oeh eneembrfinop p"rt.afne "lily to swell Ilyaenh"Id littopeol find (lnnr) not pert"Ill In fir orlyatu fifty intnrefol In Cltyfn f11,1u to the leaand promilloo. If 'it, all inert gage, 11end or Iruot, no, noolgomont lyh"11 he hold by it binik fir "thor ""tobliall"d l"nfitftq or /Ionon1r11 inatitetioo (Willett form() ail"tl Iaeludo fort 0014011.01104 In()uraoe" eompfioy nod gllnllflnd pellalon er prefit "horinq Irauti stool oonh inatltetino nhfill aeq"ire Ilia Ia"""n'fi Internet In 11111111 Loaee ao a rootoit of a fi"Ifr onflnr nald f►noumhranoo puroe"nt to a fora. nlfifol►ro fir other remedy for the oeeurtid party, fir throuflh nny tranfifor In lipa for foreeloaorut fir through "ottlemoot (of fit` arlolnq "fit fir filly poildinq "r fioo+ t,nmplatnd fero"le"or() neti"o, fioeh Inndlnq Inn►,Ittil,ln" fihall have the pr►vilega fir traftefnrrIe" Ito Internet III Oslo" Inalin to a n"Nihau fir to Wholly I)Weod aeb"Idlory o"rporatlnn with tit" prior ftnna"ot for I. I;/ty, , pr"vidndt h"wnvar, ()"all ►ronnrorno uhall aoonm, all of the fievenant•" flood nonditten" rngoired to lily performed by the too"an, wboronwitt pooh londinn thfititut►on filial ' he rot i()v"d of any fortnor liability titirlel' tiooh 1•00000 from floor rinroelt niter 4110It tranafar, 3uah Inndlnq a inatItIttIn" or the n"mtnely of, wholly own"d euboldiary eurpf►ratlon to will eh It ropy Ionve Ironaforrod rnfolr Leanot fir ally other 1"ndlntl Ifiat itot ion "bluff may at any t lmo a"gftl r" i l►eh 1110011 ntifi l l It" re l l oven of filly fortflor liability under nl►nh Intone from and after a Iran"r"r of fp►fth Option, (�) (h1 Inr►enhuill martooQ011, hnnnflniary fir to dood of trtoet for fleelovity flanifinen, 411411 have ao/l tin fitobr"gat"d Ie filly "no all rigbto fir the Ino"eo with raapnnl to the "urloq of lofty dnraoll h"rntindar by Lpflaan, I11) If the haldne of silly "uoh Inortgfigfrf fir the bffonflolary of any ffuetl dnnd fir treat, fir the onoority ; aaeigflan ohnil givo the City hararn fifty dnftiult fihall havo a"ntirroll In the I.pnoot it Wrltteo nfitlun eontatlllnq file name nod pp()t fifflen anflrnnrt (of nnan hftidar, ttla City fihall thereefter tilve to quah holder fI enpy of "onto nntip" of d"rnelt. 1►y the Loaaul/ et Ito" gomo tIme fifo any fo"tiee fir dnfaolt fihall he qlv"" fly the Pity to the Laaae", fifon the City will not th"raaftor fieeeat filly (jfirrefoder fir enter Into any mfofilflnfitlne Off thin Lna()" ,tttnnot the prier wrlttOnl nnnoffol of the 11"Idar 1)f ally rlrlit oertgfigf►, h"nnflalat Ifitor#lol "offer a flrnt load ,It trfial, 101, neffVlvi►y fia"Ignent In thin Levan, fdi If, fly 1'nfia"to fir fifty dnffilfll tit the Lftgaua, #littler fhiff mina for gav ntFlnnetnfo Ihat'alif :1nat1 ha ferminat"d fit, inn aleatlgil fit Ihn (Il.y prier fIt (tiff fiffitnd nt61111111 lfirl 1111f1'9rlor, f lip Cif , will alil er Iffla if /1eW I-e"ffn with fist# In"iwNlgld 'n,irleygen ffir Itoe rafffaindar of 111f1 I'Orm, offit"t I,n till Its file flat It fir 1•01'11 I"rmlflllt lf►If, y1 ! ha real ,apt 11,1411f I filull Ion► , "u1 fire l lcn ►.trwtl ltltrllllr 1,10011 )Mind, 'full feel 1q low I'll (fiHillq ufintilf Ififiat , 1 htlrh ftlfil111,111fin, 1:011ef 11114ry '11' 9eetll It i J110111110111, 011*11 'e,ovil WI11 1 eft I 'ffplft'fl ( ft lift? C 114 f11f, ff1U'h nflw I e,fffn 'dlfflill Iwitf111 "I 9114n ltfl fir , I fps '1,11u ill .i llell I"I"ltfl%111#fit ,I0111 ,Vnll 41'1111#11 A (i I: I` -—�-:ir�r�r�iY�A�e�le�sei tii�in: - _ -.�..1.�.-..._..�����-;�.r.•:-..—._-a _.� _- - roglutut filial be aoonmpanlod by a payment to the I;tty of all onmu than due to the City undor Ihla Loos". (2) ►iaoh martgagon, banafintary, or aeanrity noalgneo, shall pay to the Cltys at the time of the intoontin►t and delivery of eua►► now fallen any and all aumu due thereunder In addition to those which would of the time of tit" ereeutioe and delivery thereof he dun under thin L0900 hilt for ouch torminationI and to addition therato, any reeeanno ehlo oslpoee, lnofudiaq legal and attorneyol fe"", to which the City ahall have hoot) oulljeetoif by roaaoo fir ouch default, (1) ►fuah mnrtgagaa, hannfialary, or aaaurity naaignoo oh"ll, on or before the eueoution and (lot ivory of auah nave Lonna, perform all the other noodltione required to he performed by the Lougee to the alttont that the Leanne ehnfl bav0 failed to perform auah aendltiona, (a) if a loading facilitation or Ito nomineo fir wholly "woad aubaidiary oorperation aholl "aid a mortgage, deed fir truot, or similar ooeurity intoroet in end to thin Lease and ahall thereafter acquire it leoeahgld estate, derived either from ouch inatrumento or from the City, and if ouch ►natitution, nam►noe, or 00rporation ohell doatre to aeaign thin Loose of any new 1,0040 obtained from the City (other than to a nominoo or to a wholly owned auho►diary corporation no permitted by tho above orovigiono) to an aooignoe who will uedertalso to perform and oboorve the condltiona in auah Lenoo required to be performed by the Looaoo, the C►trr ohall not unre000nably withhold its consent to auah naatgnmont and aaaumption, and any ouch lond►ng Inatitut,lon, nominee, or aubaidiary ahall be reliavod of any further lisoility under ouah Loose from and after ouch asolgnment. if the propelled aaa►gnor oholl n""ort that the City to uareaoonabty withholding Ito noeoent to any ouch prop000d soolgnment, ouch dispute oholl he rosolved by arbitration, 75, ANQNOMENf Of LPAQ[s 'lotwithotandlnq anylhin�l to the oontrary, in "r -F ro a Mit Leeooa to the finanoing al the improvomonl.0 to ba gltuatad har"In, City agvoeo that in the event the orapa"od martgggec, hanafialoryy, ar aaaurity oaalgnee under any interim er pormanon►. loon on the nocur►ty of the loaaehald Intoreot of thn 1-800ea and the improvom"eta to he altuated thereon oo roquireo, the City will make a r0000nnble off,)rt to amend thin lease In Order to est►ory auah rOgUiremanta upon the euproao eondi►ion and Nndorotondiog, however, that ouch vfirianee in lonquatia will not matarial ly prejudioo the Clty'9 right hereunder qor hn each au to after to any way the rental obligations of too l.eaaee hereaoder floe Ito abli'lationo ►q remoly Witt) all Qvlstinq lava ono regulotiene of the fit►, ralat.Inn tO tho leautnq fir airoor► lande, lion to all 'spptiaahle federal (st•ntutoq, rulne, end tegulo►lung, cad all eovenanto and eondilsono of (ha dead by whlch the ►'lty holds tide to the land, t9, i:914pl IA'ICf. gIIIf I A41;I 'o; I.nusn►n ►nul l ghaerve, ghey, sna vnmply wiPi oil •,ppl inrlliie luwa, grdutanrr•O, l vl,+q, 'Inj ragulat loan -if file I'Marot, Ofiln, Hgroe(ih, qr "Ity gOieromHflto fir of "fly elh,•r pohilr' authortilq+) flaw ,sr enroarter ill 9119 •i t r�,;flits Y � , F 9 7 r-- manner arroctinq the loaded promised or the nLdewellso# alloys, otroetn, and wayo ndjneont thereto or nny buildings, atructureo, fixturoa, rind Improvements or the oue thereof, whether or not any such taws, ordinanceu and regulations which mny he horonfter enacted involve a change of policy on the port of the governmental body enacting the name. (b) Lessee agrees to hold City financially harmlesot (1) From the consequences of any violation of ouch Iowa, ordinances. and/or requlntionst and (1) From fill claims For damages an account of injurlea, death, or property damage resulting from ouch violation, (e) Losses further agrees it will not permit any unlawful occupation, buoinesa, or trudo to be cut ducted on said p'remiotso or any one to be made thereof contrary to any law, ordinance. or requlotion an aforesaid with respect thereto, including zoning ordinances# rules, and regulations. SS. CARE OF PREtd1SESt f.esooe. at its own coat and expense, shall eap fie eaaoa promises, all improvements which at any time during the term of this Lonee may be Situatod thereon. and any and all appurtenances thereunto betonoinq. in good condition and repair during the entire term of this Lease. 36. SANITATIOYt the Lessee shall comply with all regulations or or3rnanceD of the City which are promulgated for r{ the promotion of oanitation. The premtees of the lease shall he kept in neat, clean, and sanitary conditlon. and every effort ahall be made to prevent the pollution of .inter. 17, t.ESSEEI% ()HI.IGAi[0'1 TO REMOVE LIVISt LeSaOe will not permit any lions Inc udsno. out not silted to. mechanical. Laborers', or matertalmen's liono notdinable or available under the then existing laws. to stand agatnot the tonuen oremiaes or improvements for any labor or material furnished to L000ee or claimed to have been furninhoo to Losses or to the Lessee'a agents. contractorn. or subleasees, in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction nr surrorance of Lessee, provided. however. Lessee analL nave the right to provide a bona as Contemplated h) Alaska law and contest the validity or amount I)f anv such lien or claimed lien. Ool final determination of such lion or such claim for Lien, lessee wilt immedlatel) pry sn) judgement rendered with oil proper cents and charges and shaii here such lien r.•lesaee fir judgement ;attafted at Le9aee'9 own expense. )tl, C0NDFt4VA_ ItU*is in rtre event the Ipa�;ed oremiaes or any pert thrrrent 3tso. L tie condemned i-sd t akin 1 )r :/ puhl tr, or a quasi.puhlic use. then .soon payment of any award ar rompenoatson art8101 Prom aVeh rennemnart)n, ►•,ere ahall be auch division gf the orecn_edo. aoch abatement to rent payable durinq the term or any extenai"n of Ine 1,rit hereof, -ind 9udh either adlu9tmants an the pant'" eat ,t "Q "Purr :Is �iotmt j,t3t and ^qui►.able under all the C1ra1Jmatanrvs. If the Litt 'told L1?Saee »rn Utlahle to 94ree w,fhin thin-- ") •hilt att )r 74Cts an award f+an uepn paid into f;1)1)rt . •Iron gnat 11t tgtnts. I-lolual abatement to r..nt, ind oth.-r d111"Ament't die '"t ""'I Ogll It ilb le. the, dlaptlre stsel l be detor9ltaed I)i dt'bttrat LI)g. to J If55qus 0 39. PROTECTION OF SUBIENANTSs To protect the Position of any oubtanant s hereafter properly obtaining any interests in the leasehold estate granted Lessee hereunder, City agrees that in the event of the cancellation. termination, expiration. or surrender of this Lease the ground lease), the City will accept the Subtenant, it succeseuve and assigns. as its lessee for a period equal to the full unelapsed portion of the term of the sublease, including env extensions or renewals thereof, not exceeding the term of this Lease, upon the some covenants and conditions therein contained. to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease, provided such subtenant shell make full and complete attornment to the City for the balance of the term of ouch sublease so as to establish direct privity of estate and contract between the City and the subtenant with the same force and effect as thounh such sublease was originally made directly between the City and ouch subtenants and further provided ouch subtenant agrees to comely with all the provisions of the ground Leone and all the terms of any mortgage. deed of trust, or security assignment to which such leasehold estate is subject. 40. SUCCESSORS IN IYTEREST: This Lease shall be binding upon and shalt nure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment so are provided for herein. 41. GOVERNING LANs This indenture of Lease shell be governed in all respects by the Iowa of the State of Alaska. 42. 40TICESt (a) Any nottces required by this Lease shall he in writing and shell be deemed to he duly given only if delivered personally or mailed b% certified or regiotered mail its a prepaid envelope addressed to the parties at the address set forth in the ooeninq paragraph of this lease unless such address has been changed pursuant to sub.paraqrapn 'b) hereafter, and in that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited in a U.S. general or hrench post office. The City shall aloo mail a copy of any notice qiven to the Lessee. by registered or certified -nail. to any leasehold lender iMortgagee. beneficiart of a deed of trust, security assignee) who shall hale given the City notice of ouch mortgage, deed of trust. 3r security assignment. 'b) Any such addresses mar be (1hangea �v+ an appropriate notice in writina to 311 other parties affected provided 9Uch cnanne of address is given to the other parties b% ttie means nttlined in paragraph '-a) above 31. least fifteen ".` lava prior to the givinq of the particular niti^e in issue. 43. RIGHtS -IF 1IORTr.Ar.EE •'a t-lF%HnLOERs In the event of c:sties ilation or f,30eifire ut a (case • 7r rouse. the hotder .if' a properly recorded mortgage. deed it f rout.-on•tit ional a-toidnment or coWiteril agstonment ..ill ^sip the uotion to ;ovnuirp Slip Lease for rho unexpiren t.,ri t-••rp-it, ;ub;ect t•i the tprm,s ou,d eondittons ni in the nrigtiial .•-via. IE :E ',:IRS '.FSStEs J �sl fi f I 44. ENTRY AND RE-ENTRVt In the event that the Lease should be terminated as hereinbefore provided, or by summary proceedings or otherwise, or in the event that the demised lands or any part thereof should be abandoned by the Lessee during said term, the Lessor or its agents, servants. or representatives me), immediately or any time thereafter, re-enter, and resume possession of said lands or such pert thereof, and remove all persons and property therefrom. either by summary proceedings or by a suitable action or proceeding at law without being Liable for any damages therefor. No re-entry by the Lessor shall be deemed an acceptance of a surrender of the Lease. 45. RETENTION OF RENTALt In the event that the Lease should be term na ed ecause of any breach by the Lessee as herein provided, the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 46. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of any reach of the Lease by the Lessee, or any default on the part of the Lessee in observance or oerformance of any of the conditions or covenants of the Lease, shall not be deemed to be a waiver of any provisions of the Lease. No failure on the part of the Lessor to enforce any convenant or provision therein contained, nor any waiver of any right thereunder by the Lessor, unless in writing, shall discharge or invalidate such covenants or provisions, or affect the right of the Lessor to enforce the some in the event of any subsequent breach or default. The receipt, by the Lessor. of any rent or any other sum of money after the termination, in any manner. of the term therein demised. or after the giving by the Lessor of any notice thereunder to effect such termination, shall not reinstate, continue. or extend the resultant term therein demised, or destroy, or in any manner tmpair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any such sum of money or other consideration, unless so agreed to in writing and signed by the Lessor. 47. BUILDING AID ZONING CODES: Leased lands shall be utilized in accordance with the building and zoning ordinances and rules and regulations of said authority. Failure to do so shell constitute a default. 48. FIRE PROTECTION: the Lessee will take all reasonable precautions to.prevent. and take all necessary action to supress destructive or uncontrolled grass, brush, or other fires on leased lands. and comply with all laws. reputations. and rules promulgated and enforced by the City for fire protection within the area wherein the leased premises are located. 49. PERSONAL USE OF MAIERIALSt All coat. Sit. r)as. and other minerals and all cleposits of stone or oratel taluable for extraction or utilization and all materials subject to Title 11, Oivtsion I, Chapters 4, S and 6 of the Alaska Admtnistrative Code are excepted from the operation of a surface Lease. Speciricali.. the Lessee of the surface rtahts sna1L not sell or remove for use elsewhere any timbert atone, grate[, peat moss, topsoil, or any other material taluable for builling or commercial nurpo8es: provided. howeter, that *atorial rPguired for the develooment of the leasrnold may be used iI its use is first approved Sy the f.it-, (tanager. SO, MITUAl VANCELLAT[ON: Leases in Zoad standing may be caneell,:it in wholes •jr in ;fart al -in% tine icon Mutual written aril -of -merit b► t o,jnee and the City Council. 12 11 i' F : a. 4 i� 51. UNLAWFUL USE PROHIBITED, Lessee shall not allow the leasehold premises to be used or an unlowful puepose. 52. APPROVAL OF OTHER AUTHORITIES: The issuance by the City of leases does not re ove the Lessee of responsibility of obtaining licensee or permits as may be required by duly authorized Borough, State. or Federal agencies. IN WITNESS WHEREOF, the partioe hereto have hereunto set their hands. the day and Veer stated in the individual acknowledgments below. LESSOR: CITY OF KENAI Byt William J. Briqhton City Manaoer LESSEE: AS INDIVIDUALSt KENAI AVIATION SERVICES, INC. Bys --William S. Griffin, Jr. Title Baxter F. Snider ' Bys 1 it e (If Lessee is a Corporation) : ATTEST: I ' i' Name Title STATE OF ALASKA )as THIRD JUDICIAL DISTRICT "3 THIS IS TO CERTIFY that on this day of 1985. AiLLIAFI S. GRIFFIN. JR.. tndividua � as well as to h s `:. representative capacity. beinq personally known to me or having produced satisfactory evidence of identificatton. appeared before mg and acknowledged the %oluntary and aUthortZed execution Of the a foregoing tnstr-sment on behalf 3f said corporatton. Notary PUbItC for Alaska My Commission Fxptress 13 i ESSORs LESSEE: i _ n s + ff � .s STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that an this day of , 1985, BAXTER F. SNIDER, individually 5-well as in his representative capacity, being personally known to me or having produced satisfactory evidence of Identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoinq instrument on behalf of said corporation. Notary Public o! Alaska My Commission Expiress STATE OF ALASKA )as THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1985. WILLIAM J. BRIGHTON, City Manag7r of the City o—e- enui, Alaska, being personally known to me or having produced satisfactory evidence of identification. appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. Notary Public for Alaska My Commission Expirees Approved as to tease form by City Attorney Approved by Finance Director n a s; Approved by City Manager MUMS =8 LEASE APPROVED by City Council this day of 1985. City Clerk t:. LESWRS LESSEES * m A l` LEASE Of AIRPORT LANDS THIS AGREEMENT, entered into this day of 1985, by and between the CITY Of KENAI,=y Hall. 210 Fide qo Street, Kenai, Alooke 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City". and WILLIA14 S. GRIFFIN. JR. and BAXTER E. SNIDER and KENAI AVIATION SERVICES, INC.. d/b/s AVIATION SERVICES, P. 0. Box 4046, Kenai, Alaska 99611. hereinafter rolled "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Lessee the followinq described property in the Kenai Recording District. State of Alaakat to wits Lot 2, Block 1. General Aviation Apron A. PURPOSE.: The purpose for which the lease is issued too Aircraft rental and sightseeinq, pilot training, aircraft and engine repair service. aircraft parking, aircraft salon and aervico, note of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, sale of aircraft parts, charter flights and air cargo service. B. TERNs the term of this Lease is for 37 years, commencinq on the day of . 19115. to the 30th day of June 2022. C. RENTAL PAYMENT: Subject to the terma of General Covenant No. 9 of this Tense. rental for the above -described land shall be payable no follows: 1. The annual rental rate shall he 6: of the fair market value Cas act forth and defined in General Covenant No. 9) of the demised oremisoo. and the rental on the effective date of this Lease shall be S3.000.00 per year subject to redetermination pursuant to General Covenant No. 9. 2. Annual rent for the fiscal year beginning July 1 and ending June 30 ahali be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2.400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month thereafter. 3. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 4. In addition to the rents specified above, subject to General Covenant vo. 9, the Leaaoe agrees to nay to the appropriate parties all levies, asoeasments. and charges as hereinafter provided: .a) Taxes pertaining to the leasehold interest of the Loaeee. !b) Solea tax now enforced sir levied in the future computed upon rent payable in monthly installments shether rent is paid on a monthly or yearly hasis. 1 LESSOR: LESSE.E.s r try (a) Lessee agrees to pay all taxes and assessments levied in the future by the City of Kenai, as if Losses was considered the legal owner of record of the loosed property. (d) Interest at the rats of eight percent (8%) per annum and ton percent (10%) penaltiao of any amount of money owed under this Lease which to not paid on or before the date it becomes due. D. GENERAL COVENANTSs 1. USESs Except so provided herein, any regular use of lands orTacilittoo without the written consent of the City to prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses. ouch so Passenger terminate, automobile perking areas, and streets. 2. USES NOT CONTE14PLATED PROHISITEDs Solicitation of donations or the.promotion or opera ono any part or kind of business or commercial enterprise, other than as specifically sot forth herein, upon. In or above airport lands. without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUOLETTINGs Lessee with City's written consent, which w! not be unreasonably denied. may assign for other than collateral pur000es. in whole or In part. its rights as lessee hereunder. Any assignee of part or all of the loosed premises shall assume the duties and obligations of the Lessee as to ouch part or all of the loosed premises. No ouch assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND E%PENSESI Costs and expenses incident to this lease, tneludinqt but not limited to, recording coats shall be paid by Losses. S. TREATMENT OF OEHISEs The Lease@ agrees to keep the promises clean and in good order at its own expense, suffering no strip or waste thereof, nor removing any material therefrom, without written permission of the City. At the expiration of the term fixed. or any sooner determination of the Loose, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENTS Checks. bank drafts. or postal money orders 9 be made payable to the City of Kenai and delivered to the City Administration Building, Kenai. Alaska. 7. CONSTRUCTION APPROVAL AND STANDAROSs Building construction shall he neat a"nT present atil, e and compatible with its uses and surroundings. Prior to placing of fill material and/or construction of buildings on a leased area, the Lessee shall submit a plan of proposed development of property to the, City Planning Commission which shall be approved in writing for all permanent improvements. 9. OEFAULT RIGHT OF ENTRY: Should default be made in the payment of any portion n the rent or fees when dime. or in any of the covenants or conditions contained in the Lease or in any regulations now or hereinafter in force. then in such event th.r City shall by written notice dive Lessee thirty :SO` lays to cure such 4efault or defaults, offer which if the default is not ceired. the City may terminate the Lease, reenter and take nosse3iton of the, premises. and remove all oeraono therefrom. -� 9 � r 1 ESSORs LESSEES �1 i i M 9, RENT ESCALATION: In the event this Lease is for a term in exeeso or five years, the amount of rents or fees at the her to redetermination hfor �increase or decreasetbasedaonythessubject perb centage rate (set in C.I. above) of fair market value. This lasso shall first be subject to of on July 1. 1986 (due to the original lease by lessee havinq commenced on January 12, 1967) and thereafter at intervals Of five (5) years. No increase or decrease in the amount of rents or Pees shell be effective, until after thirty (30) days written notice. Fair Market Value is defined es "the highest price estimated in terms of money which a property will bring if exposed for sale on the open merket allowing a reasonable period of time to find a ad ptedeandhforawhichtitkto cap able nowledge foflbeing used". l the Uses to which it is This Fair Market Value will be based on the condition of the land on the date of this lease plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would affect the value of the property. At each Ave (5) year interval, the City will have the fair market value determined by a qualified independent appraiser. The redetermined Leese rate, annual rent, under this provision shall be limited to a fifty percent (50%) increase in the prior lease rate until the 30th year anniversary of the lease after which the 50% cap provision shall no longer apply and the fairemrate arketshall be evsivationdgosindicatedeaboveve years on the basis Of 10. LEASE UTILIZATION: Leased lande shall be utilised for purposes w t in a scope of the application (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, and with Kenai Airport Regulations, and in substantial conformity with the comprehensive the sed Utilization hall constitutea violation pofnoother theLeaseandhen subjectathewLeaseea to cancellation at any time. Failure to substantially complete the development pof • the proposed use and terms Ofthe Leaseshall constitute groundsfor cancellation. 11. CONDITION OF PREMISES: The premises demigod herein are unimprove en are eases on an "as is, where is" books. 12. PROTECTION OF AIRCRAFT: Is building or other ptat ualaced t. 0feet of the ropertyline fronting a lending strio. ta+ciwavorapronwithout the written approval of the City. This area shall be used for parking aircraft only. 13. UNDERLYtNC TITLE: The interests transferred. or conveyed by this Lease are aub act to any and all of the covenants, terms, or conditions contained to the instruments conveyinq title or other interests to the City. 14. RIGHT OF tySPECTIONs City shall have the right at all reasonab a imes to en er the premises, or any part thereof, for the purposes of inspection. 15. INDEMNIFICATION AND I%SURANCEs Lessee covenants to save the Cit rm esa rom a 7c ions. 3uits-Itsbilitte3- or damages resulting frum er ariiin out of any acts commizstun or omission by the lessee, his agents. employees, LESSOR: LESSEE: customers, invitees, or arising from or out of the Leooee'a occupation, or use of the promidoo domissd, or privileges granted, and to pay all canto connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible inourance companies authortred to do business in Alaska, in forms, kinde and amounts as determined and directed by the City for the protection of City and/or Leooee. Insurance requirements hereunder shall be subject to the sole determination of the City. Said insurance may include. but need not be limited to. insurance coverages commonly known as. or similar in kind to# public liability, products liability, property damage, cargo# aircraft, fire, workmen'o compensation, comprehensive, builders risk, end ouch other insurance coverago as deemed required in the sole determination of the City. All policies or endorsement$ thereto shall in all ewer► where possible name City no eoinaured thereunder and shall contain a waiver of oubrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procedured, Lessee shall deliver all policy originals or duplicate originals and endorse- ments thereto to the City for incorporation within this agree- ment so attachment thereto. In any event, Lessee to not to commence to exercise any of the rights and privileges granted under this agreement until ouch time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any inouranee protection furnished by Lessee hereunder shall in no way limit its responsibility to indemnify and save hormleso Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty (30) days of the date hereof as follow$: Comprehensive General Liability Combined Single Limit (Bodily Injury & Property Damage) . . , $1,000.000 Workmen's Compensations Statutory limits Automobile Liability Combined Single Limit (Bodily Injury & Property Damage) 61.000,000 Aircraft Liability Public liability and property damage (combined sinole limit' to the amount of S1.000.000 with no auD-limtt for passenger liabllit,� Votwlthetandinq anyth►nd to the contr'irv. if Lessee fasis or neglects to -secure requirel insurance of if said policy or policies are terminated, altered. nr :nanaed in any manner not acceptable to the City, then and to that event this lease may be cancelled and terminated. without penalty, in five (5) days erlt•en prior notice to LeaOee.. LESiORs LESSEES 16. COLLECTION ON UNPAID HONIESs Any or all rents, charges, fees, or other consideration which are due and unpaid at the exoiration of voluntary or involuntary termination yr cancellation of this Lasso, nnbii Ud is cnaeyc oyai,.,; and Lessee's property, real or personal, and the City shall have ouch Lion rights as are allowed by lair. and enforcement by diatraint may be made by the City or its authorised agent. 17. EASEMENT GRANTS RESERVED: City reserves the right to grant an control easemen a in, or above the land loosed. No ouch grant or easement will be made that will unreasonably interfere with the Lessee's use of the land, and Lessee shall have free access and use of any and all 'irking and loading rights, rights of ingress and agrees now or hereafter appertaining to the leased premises. 10. LEASE SUBORDINATE TO FINANCING REQUIREMENTS: Lessee agrees that City may modify this Lease to Most revised requirements for Federal or State grants. or to conform to the requirements of any revenue bond covenant. However, the modification shall not act to reduce the rights or privileges granted the Lesooe by thlo Lease, nor act to cause the Lessee financial loss. 19. SURRENDER ON TERMINATION: Losses shall, on the lest day of the term of this Lease or upon any earlier ter- mination of this Lease, surrender and deliver upon the premises into the possession and use of City without fraud or delay in good order, condition, and repair, except for reasonable weer and tear since the loot necessary repair, replacement, restoration or renewal, free and clear of all lettings and occupancies unless expressly permitted by the City in writing, and free and clear of all liens and encumbrances other then those created by and for loans to City. Upon the and of the term of this Lease or any earlier termination thereof, title to the buildings, improvements and building equipment shall automatically vest in City without requirement of any deed, conveyance. or bill of sale thereon. However, if City should require any such document in confirmation hereof. Lessee shall execute, acknowledge. and deliver the same and Shall pey any charge. tax, and fee asserted or Imposed by any and all governmental units in connection herewith. 20. AIRCRAFT OPERATIONS PROTECTEDs (a) There is hereby reserved to the City. its successors and assigns, for the use and benefit of the public. a right of flight for the passage of aircraft in the airspace above the surface and all improvements approved by ►he City of the premises herein conveyed. together with the right to cause in said airspace such noise as :nay be inherent in the operation of aircraft, now or hereafter used for navigation of or flight in the air. using said airspace for landing at. taking off from. or operating on the Kenai airport. (When plans for improvements wirsuant to paragraph 7 are approved by the Cit.. the City to the extent of those improvements releases the easement here expressed). ,b) The Lessee by accepting this conveyance expressly agrees for itself, its representatives. successors. and assigns. that it sill not erect nor permit the erection 7f anv structure or object. nor permit the grnwth of any trees tin the land conveyed hereunder. which would be in airaort obstruction within the J:andardo wstablished under the Federal Aviation a4ministratien ReguLations. 'girt 77. as amended. In the event the 5 LES.iOR: LESSEES _ -, _�, •.. swz.-..re.r.a� ...�__.- �..� -_. —_ ..�.-, _- .- _.. �_ - ...ter ..: - __- -_— —.. - L W aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 21. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONt City hereby agrees and covenants that the Loosest upon payinq rent and performing other covenants, terms, and conditions of this Lease. shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed so a denial of the right of quiet or peaceable possession. 22. LESSEE 10 PAY TA%ESs Lessee shall pay all lawful taxes and assessments w is , during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body. upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNERSHIP OR JOINT VENTURE CREATEDs it is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premisess and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY. ETC.s If the Lessee shall make any assignment for the benefit-ofbenefit-of creditors or shall be adjudged a bankrupt. or If a receiver is appointed for the Lessee or Lessee's assets. or any interest under this Lease. and if the aopointment of the receiver is not vacated within thirty i30) days. or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and In any event, the City may. upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. NONDISCRIMINATION: The Lessee, for himself, his heirs. personal representatives. successors in interest. and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land. thats ,a; in person on the grounds of race, color. or I ational origin shall be excluded from participation in. denied the benefits of, jr be otherwise subjected to discrimination in the use of said facilittess ,b) In the construction of any improvements un, over, or under such land and the furnishing of services thereon, no person on the grounds of race. color, or natinnai origin shall he excluded from participation. 4ensed the benefits of, or otherwise be subjected to •siscriminstions r, LESSOR: LESSEES l W aforesaid covenant is breached, the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to cut the offending tree, all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 21. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONt City hereby agrees and covenants that the Loosest upon payinq rent and performing other covenants, terms, and conditions of this Lease. shall have the right to quietly and peacefully hold, use, occupy, and enjoy the said leased premises, except that any inconvenience caused by public works projects in or about the leasehold premises shall not be construed so a denial of the right of quiet or peaceable possession. 22. LESSEE 10 PAY TA%ESs Lessee shall pay all lawful taxes and assessments w is , during the term hereof may become a lien upon or which may levied by the State, Borough, City, or any other tax levying body. upon any taxable possessory right which Lessee may have in or to the property by reason of its use or occupancy or the terms of this lease, provided however, that nothing herein contained shall prevent Lessee from contesting any increase in such tax or assessment through procedures outlined in State statutes. 23. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNERSHIP OR JOINT VENTURE CREATEDs it is expressly understood that the City shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised premisess and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY. ETC.s If the Lessee shall make any assignment for the benefit-ofbenefit-of creditors or shall be adjudged a bankrupt. or If a receiver is appointed for the Lessee or Lessee's assets. or any interest under this Lease. and if the aopointment of the receiver is not vacated within thirty i30) days. or if a voluntary petition is filed under Section 18(a) of the Bankruptcy Act by the Lessee, then and In any event, the City may. upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. NONDISCRIMINATION: The Lessee, for himself, his heirs. personal representatives. successors in interest. and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land. thats ,a; in person on the grounds of race, color. or I ational origin shall be excluded from participation in. denied the benefits of, jr be otherwise subjected to discrimination in the use of said facilittess ,b) In the construction of any improvements un, over, or under such land and the furnishing of services thereon, no person on the grounds of race. color, or natinnai origin shall he excluded from participation. 4ensed the benefits of, or otherwise be subjected to •siscriminstions r, LESSOR: LESSEES l r) (a) The Lessee shell use the premises in compllancs with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A. Office of the Secretary, Pert 21, Nondiscrimination in Federally-seeiated Programs of the Department or Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and so said Regulations may be amendedi (d) In the event facilities are constructed, maintained, or otherwise operated on the sold property described in this Lease. for a purpose involving the provision of similar services or benefits, the Lessee shall maintain and operate such facilities and services in compliance with all other requirements imposeA purousent to Title 49. Cade of Federal Regulations, Department of Transportation. Subtitle A, Office of the Secretary, Part 21. Nondiscrimination in federally-esslated Programs of the Department of Transoortation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. - 27. PARTIAL INVALIDITY: If any term. provision, condition, or part of this nose is declared by a court of competent jurisdiction to be invalid or unconstitutional, the j remaining terms, providlone. conditions, or parts shall continue in full force and effect as though such declaration was not made. , 28. MOOV ICATIONSs No lease may be modified orally or in any manner other Ern by an agreement in writing, signed by all parties in interest or their !successors in interest. Any such modification shall require Council approval. 29. AARRANTYs The City does not warrint that the a ' property which to the aubject of this Lease to suited for the use authorized herein, and no quarantee is gtven or implied that it shell be profitable or suitable to employ the property to such use. The City will not be held responsible for any water erosion of the land. 30. RIGHT TO ADOPT MULES: City reserves the right to adopt. emend. and enforce reasonable rides and requlations governing the demised premises and the public areas and facilities used in connection therewith. Except in cases <,f emergency, no rule or regulation hereafter adopted or amended by the City shall become applicable unless Lessee has been given thirty (30) days notice of adoption or amendment thereof. 31. NON -LIABILITY: City shall not be liable to Lessee for any diminution or deprivaton of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section. nor shall Lessee be entitled to terminate the whole or any portion of the leasehold estate herein created. by reason of the exercise of ouch rights or authority. unless the exercise thereof shall so interfere with Lessee's use and occupancy of the leasehold estate as to constitute a termination in whole or in part of this lease by noeration of law in aeeoroanee with the, laws of the State o/ Alaska and of the United States made applicable to the states. 32. FINANCINGs a,, For the purpose. -if interim or permanent finanrinq ,it refinanctnq from time to time of the improvements to be placed upon the leased Premises. end for no other 7 Lf.SSORs ESSEEs is I • y_ r--7- W purpose, Lesson, after giving written notice thereof to the City, may encumber by mortgnge, flood of trust, assignment or other appropriate instrument, Losoeo'a interest in the leaned promises and in find to this Leone, provided ouch encumbrance pertains only to ouch lossehoid Interest and does not pertain to or create any interest in City'* title to the loaeed promises. If ouch mortgage, deed of trust, or assignment shall be held by a banw or other established lending or financial Institution (which terms shall include an established insurance company and qualified pension or profit sharing trust) and ouch institution shell acquire the L000eo'o interest in ouch Lease no a result of a sale under said encumbrance pursuant to a fore- closure or other remedy of the secured party, or through any transfer in lieu of foreclosure, or through settlement of or arisinq out of any pendinq or con- templated foreclosure action, ouch lending institution shall harp the privilege of transferrinq its tittereot in ouch Leone to a nominee or a wholly )w#v•! .uhaldiary corporation with the prior consent of the city. provided, however, ouch transferee shall assume ail of the covenants and conditions required to be performed by the Lessee, whereupon such lendino institution shall be relieved of any further liability under ouch Lessee from any default after such transfer. Such lendinq institution or the nominee or wholly owned subsidiary Corporation to which it may have transferred such Lease, or any other lending institution which may at any time acquire such lease shall 1), relieved of any further liability under ouch lease rom and after a transfer of ouch lease. (b) A Ieeeehol0 mortgagee. beneficiary of n Good of trust or security assionee, shall have and be subrogeted to any and all riahts of the Lessee with respect to the curing of any default hereunder by Lessee. (a) If the holder of any such mortgage, or the beneficiary of any ouch deed of trust, or the security assignee shall give the City before any default snall have occurred in the Lease, a written notice containing the name and poet office address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the some time as any notice of default shall be gtven by the City to the Laaaoe, and the City will not thereafter accept any surrender or enter into any modification of thin Lease without the prior written consent of the holder of any first vortgage. beneficial interest under a first deed if trust. Or security assignee, in this Lease. 'd; If. by reason of any default of the Leacee. either this ieaee or anv extension thereof shall he terminated at the election of the City prior to the stated expiration therefor. the City will enter into a now Lease with the !easenold rortnoaee fir the remainder if the term. effeettve as of the date Of IUCh tRrmination. it the rent and additional rent, and on the terms herein contained. 1ublect in the roitowln0 ..onsittionot •1) #licit nortgage". :,pneficiar♦ 'ir security dnslgnee. -itisll nowe oritten re0uent t0 the Cit♦ for alien new lease '11thin •went% 20' days after 'hp date of such termination and -iVCh written -i I. E 51WR s LESSEES 'w r) request shall he rccompanied by a payment to the City of all some then due to the City under this Lease. (2) Such mortgagee, beneficiary. or security assignee, shell pay to the City, at the time of the execution and delivery of such new lasso any and all some due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for ouch termination, and in addition thereto. any reasonable expenses, including legal and attorneys' fees. to which the City shall have been subjected by reason of ouch default. (3) Such mortgagee, beneficiary, or security assignee shall, on or before the execution and delivery of such now Lease, perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to Perform ouch conditions. (e) if a lending institution or its nominee or wholly owned subsidiary corporation shall hold a mortgage. deed of trust, or similar security interest in and to this Lease and shell thereafter acquire a Leasehold estate, derived either from such instruments rir from the City, and If ouch institution. nominee, or corporation shell desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an aestgnee who will undertake to perform and observe the conditions in such Lease required to be performed by the Lessee. the Cit) shall not unreasonably withhold its consent to such assignment and assumption, and any such lending institution, nominee. or subsidiary shall be relieved of any further liability under such Lease from and after such assignment. if the proposed asaignor shall assert that the City is unreasonably withholding its consent to any such proposed assignment. such dispute shall be resolved by arbitration. 33. AMENOME41 Of LEASEi Notwit-standing anything to the contrary, in order to aid a Lessee i the financing of the improvements to be situated herein, City agrees that in the event the proposed mortgagee, beneficiary, or security assignee under any interim or permanent loan on the security of the leasehold Interest of the Lessee and the improvements to be situated thereon so requires. the City will make a ressonnole effort , amend this Lease in order to satisfy suen requirements upon express condition and understanding, however# that such variance In lenquaoe will not matertallt prejudice the Ci.t's right hereunder not be such as to alter in am way the rental obligations of the Lessee hereunder nor its obti:stions to comply with all existing laws and regulations of the Cit, relattno to the leasing of airoort Lando. and to all "iooLicabte Federal statutes. rules, and regulations. and all cotenants and conditions of the deed by whlcn "-e Ctty "olds litle to the land. 34. COMPLIANCE WITH La351 .a; Lessee inall -bserte. nbev. "ind eamoly with all -toplicable laws. -irdtnNlice3. rvl •9. rind requlatienn of the federal. 'Mate. hOrough. ";r .•tty Governments or rif env other public iiuthiritirrs now or hereafter in any :.Esrtue: LESSEEt S rr 1 manner affeetinq the leased premises or the sidewalks, alleys, stroeto, and ways adjacent thereto or any buitdings. structures. fixtures. and improvements or the use thereof, whether or not any such laws. ordinances and regulations which may be hereafter enacted involve a change of policy on the part of the governmental body enactinq the some, (b) Lessee agrees to hold City financially hermlessi (1) From the consequences of any violation of such laws, ordinances, and/or regulationsi and (2) from all claims for demaoes on account of injuries, death, or property damaqe resuitinq 'rom such violation. (c) Lessee further agrees it will not permit any unlawful occupation, business, or trade to be conducted on said premises or anv use to be made thereof contrary o. to any law, ordinance, or requLation as aforesaid with - respect thereto, including zoning ordinances. rules, and regulations. i 35. CARE OF PREMISESs Lessee, at Its own cost and expense, shall eep he leasWo Premisee, all improvements which e r at any time during the term of this Lease may be situated thereon, and any and all appurtenances thereunto belonginq, in _ good condition and repair during the entire term of this Lease. . t 36. SANliaflONs The Lessee shall comply with all regulations or ordinances of the City which are promulgated for the promotion of sanitation. The premises of the least shall bei kept in neat. clean. and sanitary condition. and every effort R shell be made to prevent the Pollution of water. r� " 31. LESSEE'S OBLiGA!i0: 11 REMOVE LIENSI L000ee will j not permit any I ans nc udinq, gut nor mite o, mechanics'. i laborers', or materialmen's liens obtainable or available under the then existing laws. to stand against the leased premises or i improvements for any labor Or material furnished to Lessee or �7 f claimed to have been furnished to Lessee or to the Lessee's I agents. contractors. -3r sublessees, in connection with work of any character performed or claimed to have been performed on said premises Or improvements by or et the direction or sufferance of Lessee. Provided. however. Lessee Shall have the right to provide a bond as contemplated b) ylaska law and contest the validity or amount of an♦ sucn lien or claimed lien. On final determination of such Ilan or sucn claim for Lien, Lessee will immeotateL) Per any iudgement rendered with all proper costa and - charges and snarl 19%e aura lido released or judgement satisfied at Lessee's own expense. 'i 38, "�tOEl1NA1I0'.s :'+ the event the leased Premsses =i -•-- or any part thereof inAti fie condemned Ind taken for a public or a Ouaai-public use. 'hen -iaon -7a.nen► )f any award or ` r_Smoensatton arising from sue" condemnation, there shall be such �? division of the oroceeoe. :icn ,oatenent in rent payable during - .. ,. the term or anv extension o° '-e term hereof. Ind such other {1 ad.lusements -is the par':-S4 ''7� d'irnw Upon as being just and suitable under all the clr=unstanreA. If the City and Lessee ire unanle rn agree eitntn t t"% TO' .lava after such an award +as Wean said into :,)urt. .non .mar Itkiston. annual abatnment In rant. and ather idluste+enta ,:y ;v3t and "qultable. the dispute i'lal 1 hF �1e t^. t'mfined nN irntt i 1r 1n'1. +ff�i�' ♦.. •' - 1 ESSrE. t. j. f 114 e t� A�w 39. PROTECTION OF SUPITENAIITSs To protect the Position of sinv subtenant s hereafter properly obtaining any 4nturesto in the leasehold estate granted Lessee hereunder, pis, agrees that In the event of the cancellation, termination. expiration, or surrender of this Lease (the ground lease). the City will accept the Subtenant. it suceessoro and assigns, as its lessee for a period equal to the full unelapaed portion of the term of the sublease, including any extensions or renewals thereof, not exceeding the tarn of this Lease, upun the same covenants and conditions therein contained, to the extent that said covenants end conditions are not inconsistent with any of the terms and conditions of this Leaea, provided such oubtenant shall make full and complete attornment to the City for the balance of the term of ouch sublease so as to estobtioh direct privity of estate and contract between the City and the oubtenant with the some force and effect as thouqh such sublease was originally made directly between the City and ouch subtenants and further provided ouch oubtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortqage. deed of trust, or o&curity assignment to which ouch leasehold estate is subject. 40. SUCCESSORS 1N INTEREST: this Lease shall he binding upon and snail inure to the benefit of the respective successors and assigns of the parties hereto, subject to such specific limitations on assignment as are provided for herein. 41. GOVERNING LANs This indenture of Lease shall be governed in all respeCtG by the laws of the State of Alaska. 42. NOTICES: (a) any notices required by this Lease shall he in wrttinq and Shall be deemed to he duly given only if delivered personally or mailed by certified or registered nail in a prepaid envelope addressed to the parties at the address set forth in the opening parsorapn of this lease unless such address has been changed ourausot to sub -paragraph (b) hereafter. and In that case shall to the most recent address so changed. Any notice so mailed shall be deemed delivered on the date it is deposited In a U.S. general or branch post office. The City shall also mail a copy of any notice divert to the Lessee, oy registered or certified rail. to any leasehold lender (mortgagee. beneficiary of a deed of trust. seeurttl aeotgnee) who shall have given the City notice of such mortgage. deed of trust. or security assignment. •!, Any :such addresses may be changed by an aporoDrt'ite notice in writing to all other parties affeited oravided auch chonge of address is Given to `49 other oart,ies by the means outlines in paragraph .a, shove at least fifteen ;15; days prior to the aivino of the particular notice in issue. .3. 41GHTS JF 4ORTGAGEE nR LIE%HOLDERs In the ovent of cancellation or for piture ut •► lease for +:ause, tho nol-ter of a oruoerty r1corded mortggne. doed of ►rapt, eondttiunaI :i33innrent jr ii 1literil a9Zinnment will havo ihp option to icnuirn .hp L•!sise for rhr unetiairen tyres thereof. ;obler.t to the "prni and rgnditlons 74 in the yrininal !Rase. 31 f4,nsl Lf.55Ets I# iM 44. ENTRY AND RE-ENTRY$ In the event that the Leann should bo tormfna ed as amain o oro provided# or by summary proceedings or otherwise, or in the event that the demised lands or any port thereof should be abandoned by the Lessee during said term, the Lessor or its agents. servants. or representatives may, Immediately or any time thereafter, re-enter, and resume possession of said Lando or ouch part thereof, and remove all persons and property therefrom. either by summary proceedings or by a suitable action or proceeding at low without being liable for any damages therefor. No re-entry by the Lessor shall be doomed an acceptance of a surrender of the Lease. 45. RETENTION Of RENTAL$ In the event that the Lease should be terminated bFc-nuou of any breach by the Lessee as herein provided. the rental payment taut made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 46. WRITTEN WAIVER: the receipt of rent by the Lessor with knowledge or any breach of the Lease by the Lessee. or any default on the part'of the Lessee in nbservanee or nerfdr7aneo of any of the conditions or covenants of the Lease. shot. VOL he deemed to be a waiver of any provisions of the Lease. :o failure on the part of the Lessor to enforce any convenant nr provision therein contained. nor any waiver of any rtgnt thereunder by the Lessor. unless in writing, shall diocherne or ►nvalidate such covenants or provisions, or affect the rtqnt of the Lessor to enforce the same in the event (if tiny subsequent breach or default. The receipt. by the Lessor. of any rent or any other sum of money after the termination. in any manner. of the term therein demised. or after the gttinq by the Lessor of any notice thereunder to effect such terminatton. }hall not reinstate. continue. or 3stond the resultant term therein demised, or, destroy. it in any canner impair the i!rricacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to trio receipt of any suen sum of money or other consideration, unless so aoreed to in writing and signed by the Lessor. 47. RUILDI`JG AND ZONING COOESs Leased lands shall be utilised in accordance with the put dinq and zoning ordinances and rules and regulations of said authority. failure to do so shall constitute a default. 48. FIP.E PROTECTION: The Lessee will teke all reasonable 7recauttofis to prevent, and take all necessary action to supress cestructive or uncontrolled grsos, brush, or other fires on leased :ands. and comply with all Laws. regulations. and rules Prmnu:gaten and enforced by the City for fire protection within the area wperein the tossed promises are located. 49. 'EP.SO%AL USE Of MATERIALS$ All coal, oil. quo, and other iinerass and ail 190-031ts of stone or r1ravel valuable for e%tra:ti.n •ir •itilization and all materials subject to Title 11. % vision : ;naoters 4. 5 and 6 of the Alaska 44minttitrative Code are v.ceatei from the operation 7f a surface Lease. Spectfirat:•.. .tee lessee of ttie Ourface r►ghts shall not sell ur renote fir :ae +Isewnere any timber. atone. gravel, peat ••:oss. !.coast:. it vnv .itner material valuable for buitdtng or ,ommerelii i-irooses$ arovided. however. that material required O'er tie :Nvgtoorient of the leosenold mar ne used if its use is first, aooroven av the City Manager. 1. 1111MAI CARCELI All)`.: ' waned In -loud -it acid Intl mat - :onceLLej in .mule ur L;i hart at env time upon .nutual writt-n nnroenent 5v Lessee anti thr i itL Coui.etl. 1? I ESigR: 1 ESSF.` t F 1 i M• I i i �•1 (a 51. UNLAWFUL USE PROHIBITEOt Lessee shall not allow the loseshold peen soo to be —used or on unlawful purpose. $2. APPROVAL -OF OTHER AUTHORITIESs The issuance by the City of leao0o oeo not relieve the Leogee of responsibility of obtaining licensee or permits no may be required by duly authorised Borough. State. or Federal agencies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSORS CITY OF KENAI Sys William J. 13rlqhtoN City Hanager LESSEE: AS INDIVIDUALS: KENAI AVIATION SERVICES, INC. Bys William 5. Eiriffin, Jr. Title Baxter F. Snider !` gy s Title Q (If Lessee is a Corporation) ATTESTS Name Title STATE Of ALASKA 1 )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAM S. GRIFFIN, JR., indivi ua y as .el as to s representative capacity, being personally known to me or havinq produced satisfactory evidence of identification. 3ppearea before me and acknowledged the voluntary and authorized axecuttort of the foregoing instrument an behalf 3f sold corporation. Notary Public ror Alaska My Commission Exptrrss 15 LE55OR: LESSEES ' M r z• STATE OF ALASKA ) )ea THIRD JUDICIAL DISTRICT 1 THIS IS TO CERTIFY that on this day of , 1985, 8A%TER F. SNIDER, individually as well as in—R a — representative capacity, being peroonally known to me or having produced satisfactory evidence of identification, appeared before me and ,acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said corporation. Notary Poiblic For ao a My Commission Expiress stare OF ALASKA ) )ao THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1985. WILLIAH J. BRIGHTON, City Henagec oT the City o enat. Alaska. being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said City. o ery PublLc for Alaska My Commtssion Expireas Approved as to lease form by City Attorney nt to s, Approved by Finance Director -i (initials) Approved by City Manager n a a LEASE APPROVED by City Council thte day of 1985. City ee 14 LESSOR: LESSEEs • J 00) LEASE OF AIRPORT LANDS THIS AGREEMENT, entered into this day of , 1985, by end between the City OF KENA1, Hall, 210 Fide o i Street, Kenai, Alaska 99611, a home -ruled municipal corporation of Alaska, hereinafter called "City", and WILLIAM S. GRIFFIN, JR. and BAXTER F. SNIDER and KENAI AVIATION SERVICES, INC., d/b/a AVIATION SERVICES, P. 0. Box 4046, Kenai, Alaska 996119 hereinafter called "Lessee". That the City, in consideration of the payments of the rents and performance of all the covenants herein contained by the Lessee, does hereby demise and lease to the Losses the following described property in the Kenai Recording Dietriet, State of Alaskal to wits Lot 1, Block 3, General Aviation Apron A. PURPOSE: The purpose for which the Lease to issued les Aircraft Parking and Storage B. TERMs The term of this Lease is for 38 years, commencing on the _ day of , 1985, to the 30th day of June 2023. C. RENTAL PAYMENTS Subject to the terms of General Covenant No. 9 or this Tease, rental for the above -described land shall be payable as followss 1. The annual rental rate shall be 6% of the fair market value (as set forth and defined in General Covenant No. 9) of the demised premises. and the rental on the effective date of this Lease shall be $1,012.50 per year subject to redetermination pursuant to General Covenant No. 9. 2. Annual rent for the fiscal year beginning July 1 and ending June 30 shall be payable in advance on or before the first day of July of each year. If the annual rent exceeds $2.400, then the Lessee may opt at the time of the execution hereof or at the beginning of each new Lease year to pay rent in equal monthly installments, payable in advance on or before the first day of July and on or before the first of each month i thereafter. 3. Rental for any period which is less than one (1) year shall be prorated based on the rate of the last full year. 4. In addition to the rents specified above, subject to General Covenant No. 9, the Lessee agrees to pay to the appropriate parties all levies, assessments. and charges as hereinafter provided$ (a) Taxes pertaining to the leasehold interest of the Lessee. (b) Sales tax now enforced or levied in the future computed upon rent payable in monthly installments whether rent is paid on a monthly or yearly basis. E� LESSOR s i� LESSEE s E i i I . j t d (a) Lenses agrees to pay all taxes and aoossomento levied in the future by the City of Kenai, as if Lessee was considered the legal owner of roaord of the loosed property. (d) Interest at the rate of eight percent (Bx) per annum and ton percent (10%) penalties Of any amount of money owed under this Leese which is not paid on or before the date it becomes due. D. GENERAL COVENANTSs 1. USESs Except as provided herein. any regular use of tends orTeailitioo without the written consent of the City is prohibited. This prohibition shall not apply to use of areas designated by the City for specified public uses, ouch as passenger terminals, automobile parking areas, and streete. 2. USES NOT CONTEMPLATED PROHIBITED$ Solicitation of donations or the —promotion or operation o any pert or kind of business or commercial enterprise, other than as specifically set forth herein, upon. in or above airport lands, without the written consent of the City is prohibited. 3. ASSIGNMENT OR SUBLETTINGs Lessee with City's written consent, which will not be unreasonably denied, may assign for other then collateral purposes, in whole or in pert. Its rights as lessee hereunder. Any assignee of part or all of the leased premises shall assume the duties and obligations of the Lessee so to such part or ell of the leased premises. No such assignment, however, will discharge Lessee from its duties and obligations hereunder. 4. COSTS AND EXPENSESs Costs and expenses incident to this lease, including, buf—RoT limited to, recording costa shall be paid by Lessee. S. TREATMENT Of OEMtSEs The Lessee agrees to keep the premises clean ang in good order at its own expense, suffering no strip or waste thereof, nor removing any materiel therefrom, without written permission of the City. At the expiration of the term fixed, or any sooner determination of the Lease, the Lessee will peaceably and quietly quit and surrender the premises to the City. 6. PAYMENT OF RENTS Checks, bank drafts, or postal money orders a be made payable to the City of Kenai and delivered to the City Administration Building, Kenai, Alaska. 7. CONSTRUCTION APPROVAL AND STANDARDS$ Building construction sh'sM be nest and presentable an compatible with Ito uses and surroundings. Prior to placing of fill material and/or construction of buildings on a loosed area. the Lessee shall submit a plan of proposed development of property to the City Planning Commission which shall he approved in writing for all permanent improvements. S. DEFAULT RIGHT Of ENTRY$ Should default be made in the payment of any portion or the cent or fees when due. or in any of the covenants or conditions contained in the Lease or in any regulations now or here►nafter in force. then in Bauch event the City shall by written notice give Lessee thirty (10) days to cure such default or defaults. after which if the default is not cured, the City may terminate the Lease, reenter and take possession of the premises, and remove all persons therefrom. 2 LESSORS LESSEES r1* e re .. r, N 9. RENT ESCALATION: In the event this Lsooe to for a term in excess or rive yeere, the amount of canto or fees specified herein shall, at the option of either party, be subject to redetermination for increase or decrease booed on the per- centage rote (set in C.I. above) of fair market value. This lease shall first be subject to redetermination on July It 1987 (due to the original lease by lessee having commenced on February 1, 1968) and thereafter at intervals of five (S) years. No increase or decrease in the amount of cents or fees shall be effective, until after thirty (30) days written notice. Fair Market Value to defined as "the highest price estimated in terms of money which a property will bring 1I exposed for sale on the open market allowing a reasonable period of time to find a purchaser who buys with knowledge of ell the uses to which it to adapted and for which it is capable of being used". This Fair Market Value will be based on the condition of the land on the date of this loose plus the value of improvements, if any, made by the City subsequent to the date of this Lease which would affect the value of.the property. At each five (5) year interval. the City will have the fair market value determined by a qualified independent appraiser. The redetermined lease rate, annual rent. under this provision shall be limited to a fifty percent (50%) increase in the prior lease rate until the 30th year anniversary of the loose after which the 50% cap provision shall no longer apply and the loose rate shall be redetermined every five years on the basis of fair market evaluation as indicated above. 10. LEASE UTILIZATION: Leseed Lando shall be utilized for purposes w n e scope of the application (made a part of this Lease and attached hereto), the terms of the Lease, the terms of the deed under which the land was granted to the City (and any releases pertinent thereto), in conformity with the ordinances of the City and Borough, and with Kenai Airport Requlations, and in substantial conformity with the comprehensive plan. Utilization or development for other then the allowed uses shall constitute a violation of the Lease and subject the Lease to cancellation at any time. Failure to substantially complete the development plan of the land, consistent with the proposed use and terms of the Lease, shall constitute grounds for cancellation. 11. CONDITION OF PREMISES: The premises demised herein are unimproved and are ease on an "as is, where to" beats. 12. PROTECTION OF AIRCRAFT: No buildinq or other permanent structure shall be p ace within fifty (50) feet of the property line frontinq a landing strip. taxiway, or apron without the written approval of the City. This area shall he used for parking aircraft only. 13. UNDERLYING TITLES The interests transferred, or conveyed by this Lease are subject to any and all of the covenants. terms. or conditions contained in the Instruments conveying title or other interests to the City. 14. RIGHT OF INSPECTIONS City shall have the right at all reasonable lme8 o en ee the premises. or any part thereof, for the purposes of inspection. 15. INDEMNIFICATION AND l%SURANCEs Lesoee covenants to save the City harmless -From all actions. ousts. liabilities. or damages resulting from or arisinq out of anv acts of commission or omission by the lessee. his agents. employees. 7 LESSORS LESSEES us 4 r' customers, invitoos, or arising from or out of the Lessee's occupation, of use of the promisee demised, or priviloges granted, and to pay all coots connected therewith. Lessee, at the expense of Lessee, shall keep in force, during the term of this agreement, insurance issued by responsible insurance companies authorised to do buulneas in Alaska, in forms, kinds and amounts as determined and directed by the City for the protection of City and/or Lessee. Insurance requirements hereunder shall be subject to the sole determination of the City. Said insurance may include. but need not be limited to, insurance coverages commonly known as, or similar in kind to, public liability, products liability. property damage# cargo, aircraft, fire, workmen'o compensation, comprehensive, builders risk, and such other insurance coverage as deemed required in the sole determination of the City. All policies or endorsements thereto shall in all eases where possible name City as coinsured thereunder and shall contain a waiver of subrogation against the City. Upon approval by City of all insurance required, in the forms, kinds and amounts directed to be procedured, Lessee shall deliver all policy originals or duplicate originals and endorse- ments thereto to the City for incorporation within this agree. ment as attachment thereto. In any event, Lessee is not to commence to exercise any of the rights and privileges granted under this agreement until ouch time as all insurance directed and required to be furnished by Lessee is in full force and effect. Lessee expressly understands and agrees that any insurance protection furnished by .•3see hereunder shall in no — way limit its responsibility to indemnify and save harmless Lessor under the provisions of this agreement. No policy of insurance shall be cancelled or amended with respect to the City without thirty (30) days written notice by registered or certified mail to City by the insurance company. Until otherwise directed in writing by the City Manager, Lessee shall provide certificates of insurance within thirty 00) days of the date hereof as follows$ Comprehensive General Liability Combined Single Limit (Bodily Injury A Property Damage) . . $1,000.000 Workmen's Compensations Statutory limits Automobile Liability Combined Single Limit (Bodily Injury & Property Damage) $1,000.000 Aircraft Liability Public liability and property damage (combined single limit) in the amount of $1.000,000 with no sub -limit for passenger liability Notwithstanding anything to the contrary, if Lessee falls or neglects to secure required insurance of if said policy or policies are terminated, altered. or changed in any manner not acceptable to the City, then and in that event this lease may be cancelled and terminated, without penalty. on five (5) days written prior notice to Lessee. 4 dy` LESSORS LESSEES • 16. COLLECTION ON UNPAID MONIES: Any or all rants, at charges, Peen, or ncner Comrioeratton miLan ere due rind unpaid or involuntary termination or the expiration of voluntary cancollotion of this Lease, shall he a Charge against the Lessee Cital have L, or'a proper arights oanduchthe Lion astarereal allowedponabyolaw.�anddenforcementhbyl diatraint may be made by the City or its suthorltod agent. 17. EASE14ENT GRANTS RESERVED: City reserves the the lend right to grant an con ro easemen a in, or above No or easement will be made that will Legged. ouch grant unreasonably interfere with the Lesoee'a use of the land, and and all parking and Lessee shell have free access and use of any loading rights, righte of ingress and egreae now or hereafter appertaining to the Loosed premises. 18. LEASE SUBORDINATE TO FINANCING MEeevleed Lessee agrees a y may mo i y A BeREoUmoor requirements for Federal or State grants. or to conform to the requirements of any revenue bond covenant. However, the to reduce the rights or privileges modification shall riot act granted the Lessee '2y this Lease, nor act to cause the Losoeo financial lose. 19. SURRENDER ON TERHINATIONs Leoeee shall, on the last day of the term o thla ease or upon any earlier ter- this Lease, surrender and deliver upon the pfeMiasa mination of into the possession and uoe of City without fraud or delay in for reasonable weer and good order, condition, and repair, except replacement, rnetorstiOn or tear since the last necessary repair, renewal. free and clear of all lettingo and occupancies unless expressly permitted by the City in writing, end free and clear of those created by and for •.. all liens and encumbrances other than to City. Upon the end of the term of this Lassa or any J loans earlier termination thereof, title to the buildings, improvements I City without and building equipment shall outor9atieally vest bill of gale thereon. requirement of any deed. conveyance. or City should require any such document in confirmation However, if hereof. Loosee shall execute, aeknowiadge, and deliver the some or imposed by any and shall pay any charge. tax, and fee asserted units in connection herewith. and all governmental 20. AIRCRAFT OPERATIONS PROTECTED: (a) There is hereby reserved to the City, its benefit of the successors and assigns, for the use and public, a right of flight for the passage of aircraft in the airspace above the outface and all improvements approved by the City of the promisee herein conveyed. together with the right to cause In said airspace such in the operation of aircraft, noise as may be inherent now or hereafter used for navigation of or flight in the air. uding said airspace for landing at. tekinq off the Kenai Airport. (When piano from. or operating on for Improvements oursuant to paragraph 7 are approved by the City, the City to the extent of those the Nere expressed). improvements releaeea easement ;b) The Leosee by accepting this conveyance expressly re. and agrees for itself, its representatives. succeeaerection the erection assigns, that it will not erect nor Permit any structure or object, nor permit the growth of of any trees on the land conveyed hereunder. which would he an airport instruction within the standards the Fvdera► Aviation Administration estabil3hed under Requiations. tart 77. as amended. In the event the 5 LESSORS LESSEE: f aforesaid covenant is breached. the City reserves the right to enter on the land conveyed hereunder and to remove the offending structure or object, and to rut the offending tree. all of which shall be at the expense of the Lessee or its heirs, successors or assigns. 21. RIGHT TO ENJOYMENT AND PEACEABLE POSSESSIONS , City hereby agrees and covenants t5at the Losses, upon paying rent and performing other covenants, terms, and conditions of this Lease, shall have the right to quietly and peacefully hold. use, occupy, and enjoy the said leased promisee, except that any inconvenience caused by public works projects in or about the leaeehold promisee Shell not be construed so a denial of the right of quiet or peaceable possession. 22. LESSEE TO FAY TA%ESs Lessee shell say all lawful taxes and assessments which. during the term hereof may become a lion upon or which may levied by the State. Borough, City. or any other tax levying body, upon any taxable possessory right which Lessee may have in or to the property b) reason of its use or occupancy or the terms of this lease, orovided however, that nothing herein contained shall prevent Lessee from contesting any increase in ouch tax or assessment through procedures outlined in State statutes. 23. SPECIAL SERVICES: Lessee agrees to pay City a reasonable charge for any special services or facilities required by Lessee in writing, which services or facilities are not provided for herein. 24. NO PARTNE75HIP OR JOINT VENTURE CREATED: It to expressly unders o— oho thai the City Shall not be construed or held to be a partner or joint venturer of Lessee in the conduct of business on the demised pi-emisess•and it is expressly understood and agreed that the relationship between the parties hereto is, and shall at all times remain landlord and tenant. 25. DEFAULT BANKRUPTCY. ETC.s If the Lessee shall make any assignment or the ens o creditors or shell be adjudged a bankrupt, or if a receiver is appointed for the Lessee or Lessee's assets, or any interest under this Lease, and if the appointment of the receiver is not vacated within thirty (30) days, or if a voluntary petition to filed under Section 18(s) of the Bankruptcy Act by the Lessee, then and in any event, the City may, upon giving the Lessee thirty (30) days' notice, terminate this lease. 26. 4ONDISCRIHINATIONs The Lessee, for himself, his heirs, personal representatives. successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land. thats (a? No person on the grounds of race. color. or national origins shalt he excluded from participation in. dented the benefits of. or be otherwise subjected to discrimination in the use of said facilities: (b) In the construction of any improvements on. over. or under such land and the furnishing of aervtees thereon, no person on the grounds of race. color# or national origin shall he excluded from participation. denied the benefits of. or otherwise be subjected to discriminations 6 LE55ORs LESSEES a T 0 b (c) The Lessee ohull use the premises in compliance with oil other requirements imposed by or pursuant to Title 49, Code of federal Regulations, Department of Transportation. Subtitle A. Office of the Secretary. Part 21, Nondiscrimination in Federally-ooeiated Programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amendedl (d) In the event facilities are constructed. maintained, or otherwise operated on the said property described in this Lease# for a purpose involving the Provision of similar services or benefits. the Lessee shell maintain and operate such facilities and services in compliance with all other requirements imposed purousent to title 49, Code of Federal Regulations, Department of Transportation. Subtitle A, Office of the Secretary, Pert 21, Nondiscrimination in Federal ly-seeiated Programs of the Department of Transportation - Effectuation of title VI of the Civil Richto Act of 1964, and as said Regulations may be amended. 27. PARTIAL INVALIDtTYs If any term. provision, condition. or part of this ease is declared by a court of competent jurisdiction to be invalid or unconstitutional, the remainanq terms, provisions, conditions, or parts shell continue in full force and effect as though such declaration wan not made. 28. 14001FICAT104Ss Ye lease may be modified orally or in any manner other than by an agreement in writing, signed by all parties in interest or their successors in interest. Any such modification shall require Council approval. 29. WARRAN1Ys The City does not warrant that the property which iS the Subject of lhie Lease is suited for the use authari:ed Herein, and no guarantee is given or implied that it onsll be profitable or suitable to employ the property to such use. The City will not be held responsible for any water erosion of the land. 10. RIGHT TO ADOPT RULESs City reserves the right to adopt, amend, and enforce reasonable rules and regulations governing the demised premises and the public areas and facilities used In connection therewith. Except in cases of emergency, no rule or regulation hereafter adopted or amended by the City shalt become applicable unless Lessee has been given thirty %30) days notice of adoption or amendment thereof. 31. NON-LIABILITYs City oha:t not be liable to Lessee for any diminution or ceorivaton of possession, or of Lessee's right hereunder, on account of the exercise of any such right or authority as provided in this or the preceding section. it shall Lessee be entitled to terminate the whole or any portion f the leasehold estate herein created. by reason of the exercise ` such rights or authority, unless the exercise Enereof Shall an nterfere with Lessee's rise and occupancy of the leasehold estate a to constitute a termination in whole or in part of this lease operation of law in accordance with the laws of the State of "&asks and of the United States oade applicable to the states. 32. FINANCI`IGs "a: For the purpose of interim Or )ermaneovt finaneinq ar r?flrlancinq frnm time t) time Of the lmpro.ements t,1 ',e -)laced upon the teased premises. and for no other 7 LESSOR; LESSEES 9 s.. .. _ _ _ '�-`�-•jai • , . ..r tt. ,.. i V �1 Q 1 purpose, Loasee, after giving written notice therdof to the City, may encumber by mortgage, deed of trust, assignment or other appropriate instrument, LOaaee'a interest In the leased premises and in and to this Lesse, provided such encumbrance partaine only to such loasehold interest and does not pertain to or create any interest in City's title to the leased promisee. If such mortgage, deed of trust. or assianment shall be held by a bank or other established lending or financial institution (which terms shall include an established Insurance company and qualified pension or Profit sharing trust) and such institution shall acquire the Losses's interest in such Lease as a result of a sale under said encumbrance pursuant to a fore- closure or other remedy of the secured party, or through any transfer in lieu of foreclosure. or through aettlemrtnt of or arising out of any pendinq or con- templatitd foreclosure action, ouch lending institution shell have the privilege of transferrinq its liiterest in such Lease to a nominee or a wholly owned subsidiary corporation with the prior Consent of the City. - = provided. however, such transferee shall assume all of the covenants and conditions required to be performed , „ by the Losses. whereupon such tendinn tnAtltUtion shall + , be relieved of any further Liability under such Lessee from any default after such transfer. Such lending institution or the nominee or wholly Owned subsidiary corporation to which it may have transferred such Lease, or any other Lendinq institution which may at -• any time acquire such lease shall be relieved of any I further liability under such lease from and after a i itransfer of such lease. (b) A leasehold mortgagee. beneficiary Of a deed of trust or security assighee, shall have and be " 1111 subrogoted to any and all rtahto of the Lessee with respect to the curinq of any default hereunder by ` j Lessee. li I I Cc) If the holder of any such mortgage. or the 1 j beneficiary of any such deed of trust. or the security , seelgnee eheil give the City before any default shell s.- have occurred in the Lease, a written notice containing the name end post office address of such holder, the City shall thereafter give to such holder a copy of each notice of default by the Lessee at the same time as any notice Of default shall be given by the City to i the Lessee. and the City will not thereafter accept any i surrender or enter into any modification of this Lease without the prior written consent of the holder of any # first mortgage. beneficial interest under a first deed of trust, or security aestgnee, in this Lease. qu ;d) If, by reason of any •fefouit of the Lessee. either -- -- this lease Or any extension thereof shall ')a terminated at the election of the City actor to ttie stated expiration therefor. the City wtll enter into a new _T_ Lease with the Loasenolo-nortgagee far the remainder aPthe term. effective as of t•he date Of sucn termination. at the rent and additional rent. •ind on the terms herein contained. 3ublect to the followlnq conditions: ' 11% luch mortgagee, ::enefiClary Or 3erurttv asstgnee, shall hake written request to the City for such new lease -ithin twenty 20, •lava after R; the date -it lien termination and such written I, t ESrMR: LESSEE": L i'. I r) . of �1N requeat shall he accompanied by a payment to the City of all some then due to the City under this Leave. i (2) Such mortgagee. beneficiary, or security assignee. shell pay to the City, at the time of the execution and delivery of such new lease any and all sums due thereunder in addition to those which would at the time of the execution and delivery thereof be due under this Lease but for such tormination, and in addition thereto. any reasonable expenses, tneludirg legal and attorneys' fees. to which the. City shell have been subjected by reason of such default. ; ()) Such mortgagee. beneficiary, or security assignee shalt, an or before the execution and delivery of such new Lease. perform all the other conditions required to be performed by the Lessee to the extent that the Lessee shall have failed to perform Ouch conditions. (e) If a lending institution or its nominee or wholly r owned subsidiary corporation shall hold a mortgage, deed of trust, or elmiLar security interest in and to this Lease and shalt thereafter acquire a loasohold estate, derived either from such instruments or from the City. and if such institution. nominee, or corporation shall desire to assign this Lease or any new Lease obtained from the City (other than to a nominee or to a wholly owned subsidiary corporation as permitted by the above provisions) to an assignee who will undertake to perform and observe the conditicne in such :,ease required to be performed by the Lessee. the City shall not unreasonqbly withhold its consent to soon assignment and assumotion, and any such lending institution, nominee. or subsidiary shall he relieved of any further liability under such Lease from and after such assignment. If the proposed assignor shalt assert that the City is unreasonably withholding its consent to any such proposed assignment, such dispute shall be resolved by arbitration. 33. AMENDMENT OF LEASES Notwithstanding anything to the contrary, in order to aid the Lessee in the financing of the i improvements to be situated herein, City agrees that in the event ' the proposed %ortgagee, beneficiary, or security assignee under any intern': or oermenent loan on the Security of the leasehold 1 interest of the Lessee and the improvements to be situated thereon so requires. the City will make a reasonable eff,3rt to amend this Lease in order to satisfy Such requirements upon the express condition and understanding, however, that such variance in lanouaoe •i.l not materially prejudice the Cit►'s rignt 4ereunder nor be sucn as to alter in any way the rental obligations of the Lessee hereunder nor its obligationi to comply with all existing laws and regulations of the City relating t3 the loasing of airport lands. and to all applicable Federal Statutes, rules, and requiationi. :ind all is,)venants and rondittone of the deed by whicn the City holds title to the land. 34. COMPLIANCE WIN LAWS: :a; Lessee ahali -observe. obey, a,id rvmoly with all applicable- laws. .ordinances, idles, and requlationa if the, federal. 'itate. "rough. or City lovPrnments or r3f my other public aulhortlian now or hereafter tit an% LESSOR: LESSEEt n��t. it •mil ��. ��/.� • .. �[•�Ic �._ - '..� "'r��.CtiY:tJii:i'.i fL�tCi.r-•� : _ _ _ _ __�_� _ __ ^' � �� A manner affecting the leased promises Of the sidewalks, alleys, streets. and ways adjacont thereto Or GOY buildingo. structures, fixturea, and improvements Of the use thereof, whether or not any ouch Iowa, ordinances and regulations which may be hereafter enectod involve a change of policy on the part of the governmental body enacting the Game. (b) Lessee agrees to hold City financially hermlesai (1) From the consequencea of any violation of such Iowa. ordinances. and/or requlationoi and (2) from all claims for damages on account of injuries, death. or property damage resulting from such violation. (e) Lessee further agrees it will not Permit any ' unlawful occupation, bossiness, or trade to be conducted on said premises or any use to be made thereof contrary to any law, ordinance, or regulation as aforesaid with respect thereto, including toning ordinances, rules, and regulations. 35. CARE OF PREMISESs Lessee. at its own cost and expense. shall rap the leased premises. all improvements which at any time during the term of this Lease may be situated thereon, and any and all appurtenances thersunto belonging, in good condition and repair during the entire term of this Lease. 36. SANITATIO%t The Lessee shall comply with ull regulations or Trdinances of the City which are Promulgated for the promotion of sanitation. The premises of the Lease shall be kept in neat. Clean, and sanitary condition, and every effort shall be made to prevent the pollution of water. 37. LESSEE'S ORLIGATIOV TO REMOVE LIE'Ss Lessee will not permit any ens nc u nq, but nor limited to. mechanics'. Laborers', or materialmen's liens obtainable or available under the then existing laws. to stand against the leased Premises or improvements for any labor or material furnishes to Lessee or claimed to have been furnished to Lessee or to the Lessee's agents. contractors, or sublessees. in connection with work of any character performed or claimed to have been performed on said premises or improvements by or at the direction or sufferance of Lessee. provided. however. Lessee shall nave the right to provide a bond as contemplated by Alaska law slid contest the validity or amount of any such lien or claimed lien. On final determination of such lien or Such claim for lien. Lessee will immediately Pay any judgement rendered with all proper costs and charges and shall have such lien released or judgement satisfied at Lessee's own expense. 38. COHDEt4NATl0'ls in the event the leased pressses or any part thereof snai ae Condemne0 and ►aken for :i public or a quasi -public use. then .ipon payment of any award or compensation aris1/14 from such Condemnation. there onall be ouch division of the proceeds. vucn abatement in rent payable durinq the term or any extension Of •ne firm hereof. and 9uCh other adjustments as the Parties Mat agree upon as being just and equitable under all the Ctraumstances. iif the Ci tsuchdaLesseeh ire unable to agree within 'hlrt% has seen Paid into Court. juarl .gnat 11�6/Ginn. innual abatement in rp"t, and other •nl.justmem•a are ,osr and #•flultable. the .1topute ;hall he det^_rrined ht irpttr9tinn. LESSOR: ICSSLE' n 39. PROTECTION OF SUBIENANTSt To protect the Position of any oubtonant s hereafter properly obtaining any interests in the loneehald estate granted Losses hereunder, City agrees that in the event of the cancellation, termination. expiration. or surrender of this Lease (the ground lease), the City will accept the Subtenent, It successors and assigns, se its looses for a period equal to the full unelopoed portion of the term of the sublease, including any extensiono or renewals thereof, not exceeding the term of this Lease, upon the same covenants and conditions therein contained, to the extent that said covenants and conditions are not inconsistent with any of the terms and conditions of this Lease. provided such subtenant shall make full and complete attornment to the City for the balance of the term of such sublease so as to establish direct privity of estate and contract between the City and the oubtonant with the same force and affect as thounh such sublease was originally made directly between the City and ouch aubtenentt and further provided ouch subtenant agrees to comply with all the provisions of the ground lease and all the terms of any mortgage. deed of trust, or security assignment to which such leasehold estate to oub,jeet. 40. SUCCESSORS IN IVTERESIs This Lease shell he binding upon and shall inure to the benefit of the respective successors and assigns of the parties hereto, subject to ouch specific limitations on assignment as are provided for herein. 41. GOVERNING LANs This indenture of Lease shall be governed in all respects by the laws of the State of Alaska. 42. %OTICESt -' (a) Any notices required by this Lease shell he In writing and shall be deemed to be duly given only if delivered personally or'malled by certified or registered mail in a prepaid envelope addressed to the parties at the address set forth in the opening paragroon of this lease unless such address has been changed pursuant to Sub-oarograph (b) hereafter. and in that ease shall to the most recent address so changed. Any notice so malted shall be deemed delivered an the date it is deposited in a U.S. general or branch post office. The Ctt� shall also mail a copy of any notice given to the Loeser, by registered or certified mail. to any leasehold lender (mortgagee. beneficiary of a deed of trust. -security assignee) who shall have given the Cit) notice of such mortgage, deed of trust. or security assignment. 'b; Any such addresses may be changed ba an appropriate notice in writing to all other parties affeotea provided such change of address is given to the other oartie4 bv the means Outlined to paronrooh :a, apoe-Y at least fifteen :15) drys prior to the g1vino of the oarticular notice in issue. 413. -1IGHTS JF 'TgR11;AGF_E OR LIE4HOLOEP.: :n the Pvent ,f runcellation or lirf-it•ire o 't lease ter Caunpq the nolrler of a -)roperi♦ recorded rortgaoe. deed of trust. conditional ..sainriment ,r 7oltateral .i4strInment will hnvP the, ootion to 4equire the 1--asQ f"r rhP .1nPcnti-Pd term thereof. ;u"lPct to tht• 'erns .,nd ^.onditidns as In the 'Ifigl"al IPnse. I1 :ES90Rs IE5iFE: Pi . P"_=r 44. ENTRY AND RE-ENIRys In the event that the Lease should he terminated an avetnoe ore provided, or by summary proceedings or otherwise. or In the event that the domtood Lando or an-, -art thereof he abandoned by the Losses during sold corm, the L0000r or its agunto. .tervancu, or repreoentattvea mov. immediately or any time thereafter, re-enter, and resume possession of said lands or such part thereof, and remove all persons and property therefrom. either by summary proceedings or by a suitable action or proceeding at Low without being Liable for any damages therefor. No re-entry by the Lessor shall be doomed an acceptance of a surrender of the Lease. 45. RETENTION OF RENTALS In the event that the Lease should be ermina a ecause of any breach by the losses as herein provided. the rental payment last made by the Lessee shall be retained by the Lessor as partial or total liquidated damages for said breach. 46. WRITTEN WAIVER: The receipt of rent by the Lessor with knowledge of spy oreacn of the Lease by the Lessee, or any default on the part of the Losses in observance or Performance of any of the conditions or covenants of the Lease. 9hsll not be deemed to be a waiver of any provisions of the Lease. No failure on the pert of the Lessor to enforce any convenont or provision therein contained, nor any waiver of any rtgnt thereunder by the Lessor, unl000 in writing. shall diocnerge or invalidate juch covenants or provisions, or affect the right of the Lessor to enforce the some in the event of any subsequent breach or default. The receipt, by the Leoeor. of any rent or any other sum of money after the termination. in any manner. of the term therein demised. iir after the gtvinq by the Lessor of any notice thereunder to efftet ouch termination. shall not reinstate, continue, or extend the resultant term therein demised, or destroy, or in any manner impair the efficacy of any such notice of termination as may have been given thereunder by the Lessor to the Lessee prior to the receipt of any ouch sum of money or other consideration. unless no agree-1 to in writing and signed by the Lessor. 47. BUILDING AND ZONING COOESs Leaned lands shall be utilised in accordance wiER—M—lo-M-Tainq and zoning ordinances and rules and regulations of said authority. Failure to do so shall constitute a default. 48. FIRE PROTECTIONS The Lessee will take all reasonable precautions to prevent. and take sit necessary action to supreae destructive or uncontrolled grass, brush. or other fires an leased Lands, end comply with all laws. regulations. and rules promulgated and enforced by the City for fire protection within the area ..nerein the leased promises are located. 49. PERSONAL USE nF MATER1ALSs All coal, oit. gas, and other minerais and all deposits of stone or gravel valuable for extraction or utilization and all materials subject to Title It. Division I. chapters 4, 5 and 6 of the Alaska administrative Code are excepted from the operation of a surface Lease. Spectficall., the Lessee of the ourface riahts shell not sell or remote fir •ise elsewhere any timber. itone. gravel. peat floss. topaoit. or 'Inv afher material voluaele for buitdinq or commercial lurposess provided. however, that material required for the loveiti".ent -7f the leasenold may oe used if its use is first approved yv the City Tlanager. 50. 41111JAL CAIMELLAT19%t Leasos in flood standing mev u4 eancelt2n in wnole nr in ;cart it ans tine upon mutual 4ritt&n :tores-ment '.)y Lessee ;Ind ►he City council. .� I �iillR; I•d LESSEE: I " i J ati I a1, sJNIAWFUL USE PROHIBITED: Lessee shall not allow $2. APPROVAL OF OTHER AUTHORITIESs The issuance by the City of lessee does not re ieve the Loseea of responsibility of obtaining licenses or permits ae may be required by duly authorised Borough, State, or Federal agencies. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands, the day and year stated in the individual acknowledgments below. LESSORS CITY OF KENAI By$ William J. Brighton City Hanager LESSEES AS INDIVIDUALSt KENAI AVIATION SERVICES, INC. Sys William 9. Gr—=n, Jr. Title Baxter F. Snider By$ Title (If Lessee is a Corporation) ATTESTS Name Title STATE OF ALASKA ) )ss THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 1985, WILLIAH S. GRIFFIN. JR., indivi us y as wel as n s representative capacity, being personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorised execution of the foregoing instrument on behalf of said corporation. Notary Public for a asks Hy Commission Exptress 13 LESSOR: LESiCf s 1 • J n ! , f J, • . a i STATE OF ALASKA ) 188 THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of 1985, OA%TER F. SNIDER. individually as well as in iTi n -- representative capacity, beinq personally known to me or having produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument on behalf of said corporation. Notary Public ror Alaska My Commission Expiress STATE OF ALASKA ) 8fl THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of t 1995, WILLIAM J. BRIGHTON, City Managed the City oTre—nait Alaska, being personally known to me or havinq produced satisfactory evidence of identification. appeared before me and i acknowledged the voluntary and authorized execution of the iforegoing instrument on behalf of said City. i Notary Public for Alas a My Commission Expires i • Approved as to Lease form by City Attorney n it 15097— Approved by Finance Director (initials) Approved by City Manager n e e i LEASE APPROVED by City Council this day of , 19t15. Cit G y CLerP ' t �;.... 14 LESSORS LESSEE: • i T' - - CITY OF KENAI Vd &#W oj 4""' 00 PIDAM KENAI, UMM OMI TE"Wilem-M5 MEMORANDUM TO: Mayor Wagoner and Kenai City Council FROM: leff Labahn. land Manager SUBJECT: Lease Application: Lots W. Blk 2. FBO S/D - Machine Shop/ Offices/Storage - Kline DATE: April 12. 1985 At the regular meeting of the Planning Commission on April 10. 1985. the Commission reviewed and approved the referenced lease application. Details of the discussion and motion are available in the minutes of that meeting. item H-6 in your packet. page 7. item 6-a in the minutes. r CITY OF KENAI P.O. BOX 580 • KINA1, ALASKA • PHONE 283.7633 LEASE APPPLICATION , Name of Applicant �e T y%:r, Address ILIC) C-9L 1.L)�• y Business Name and Address TILS(o M,1 c Vs.,4 r r V-1U. % s%`e Kenai Peninsula Borough Sales Tax No. e) 2� 2 T 5 (if applicable) State Business License No. U LO(y S-s:b (if applicable) Telephone 2Y,1- 7 Cho Lot Description Lis g��+c•� 2 i' gd �0:���,.. ___ I Desired Length of Lease cars Property to be used for 1a4&&,L- Ae1q - J -- Description of Developments (type, construction, size, etc.) ..A 1 I n AA / ,, , .L _ IN Attach development plan to scale 0" : 509, showing all buildings plannetd. Time Schedule for Proposed Developments Beginning Date�.� 19 gt`r • Proposed Completion Date AI�_r1 lqg(— , Estimated Value of Construction s A•/00, 00-0 Date a S igned s Dates Signeds 1 4 .• j 3 CITY OF KENAI CHECK LIST FOR SITE PLANS ALL ITEMS MUST BE COMPLETED BEFORE APPLICATION CAN BE ACCEPTED Drawings should be drawn to scale 111= 50 ft.*# and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must shows 1. Existing buildings 2. Proposed buildings E/ 3. Parking facilities (how many spaces and where located) I� 4. Site improvements a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural vegetation end/or proposed planting arose) 5. Building set backs _to"'I 6. Drainage plan and method of snow removal L 7. Circulation plan (ail entrances, exits and on -site access) I/ 8. Location of sign(s) - sign permit required -='{r�•v� 9. Fencing 10. Curb cuts (where applicable) 11. Building height 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 *This does not have to be drawn by an architect or engineer. 2 I i I P� �Poa•T w�►Y AN NOTE N^ r4 U{y� i...,.,•0 row,,,., # K� 1. All tap6i be Iftvd j f. Park, wm� -IL 0Perkw4% to IM A.•e. �++ epovet 9 cw.pLyix� '� Rtttwire.l ��� •r 1. o t Rq•M1r1►L • i � Ris outr •.y . �i.trrii �• � P,ts too l ir• ' SOP ,I(Krt I S f•orw�� d. gaQess 1 . 6 let 4, Ito of, • GiNcaty�l' w eo �� � ..D yr .. !y�' �.� . S h.. � Lw• ' / .l. I f s I � I I I { 1 .. __.. 1 A W %' (0 W � �' �' ap + Rce•i� NsipL 1' ,+ prk ■ f Description of Property _Leto 3 f 4 Block 2, FRO Sub. t' CONDITIONS OF ACCEPTANCE To hq !�•rtp.,tr;ri by ,hk ,:ity) Annual rent rate or cost 6% ot,r market value Zoned for Light Industrial Permits required Aasessments None Insurance required AW0.00-0/$l.000,000/3250.000 Construction must begin by _ Completion date for major construction r ♦ . THIS APPLICATION WILL BE MADE A PART OF THE LEASE 4 Planning Cmissi Approvals _ •By$11 , Date of A a r n Approval �( /U City Council Approvals By$ Date of Approval City Clerk, ` 4 r G -A KENAI PENINSULA MOROU13H 90X 850 SOLOOTNA. ALASKA 99669 }4v PHONE262.4441 Disevss� oN ; e,,r Y /-vr46WVeVT April 3, 1965 71.` /ry xvvwnve w*re2 •:0 04WSA. oeo ^o To '0. SCNoo A. 0^0 e F i ANTHOMPSON MAYOR , Bill Brighton City Manager /7-ifs City of Kenai _04 COUNCIL MUTING OA P.O. Box i a` rnw Kenai, AK 99611 JK:ubue works --+,j Cly CWk -.•-+:3 Ftnan�f --4 j OlIGIfto To "w :'VoMiue0 u Re: New Kenai Elementary School counul ON [390 dizo at -- Dear Bill: The Kenai Peninsula Borough is currently preparing the budget for the above project for the bond issue in October. We need to know the costs the City may charge the Borough for water and sewer extensions. As I see it there exists four possible approaches the City may take to provide the service. 1. Extend the lines the minimum length necessary along Swires Street and charge the Borough as a connection fee if this is legal under your ordinances. 2. Extend the lines the minimum length necessary down Swires Street with no charge to the Borough. �F 3. Establish an L.I.D. and extend the water and sewer lines the full length of Swires Street with the Borough paying 50% of the costs. This would serve a long range solution for this area. 4. Work a deal with the developer of Donnybrook - Brannigan subdivision and extend the water and sewer lines down Brannigan Circle then along a lot line to our structure. The division of costs to be mutually agreed upon by all parties concerned in the extension. We would appreciate a definitive answer no later than June 19 to include the necessary costs in the bond issue proposal. Also, on the matter of Swires Street, it has been Borough's policy to request the upgrade of City streets to new schools. R r l , Page (2) April 3, 1985 Letter to Bill Brighton We would appreciate it if Swires Street could be placed in your capital construction budget. The school is projected to open the fall of 1967. Thank you for your efforts should you have questions, please call. Sincerely, William J. nye i Borough En i eer WJC/dlm . 6 is - y . { { 1 I • %f rrwi�rs�is�w'f�a.skaiciis�rx i I KENAI HARBOR COMMISSION Aoril 9. 1985 - 7s00 o.m. Kenai Citv Hall John Williams. Chairman G . S> 1. ROLL CALL Presents Williams. Quesnel Absents Draoseth. Houtz. Thomoson Citv Engineer LaShot FOR COui+ w ,46tssm(e ui --.- �� Litt Mqr. Attorrer 2. AGENDA APPROVALworks s r„ty Clerk OriFina se gl al Ta., omisteu of—� Aaenda sooroved as submitted COMO09 C]NO twes 3. OLD BUSINESS a. Discussions Dock Facilitv 6 Proposal Combined with 3-b b. Recommendation to Citv Council on Lettino of Contracts The Harbor Commission recommends to Councils i .K Contract for desion of a dock facility. ` I.._... The designing contractor shall also be the manooement contractor. The `. City shall accept bids on the construction of the facility after . designs have been completed. k The facilities shall includes ' 1) The dock . - 2) The fuel facility 3) The dock office Facilitv --- - 4) A repair arid minimum 50 feet 51 Lifting facility "cranes" { i 6) Public restroom and shower facility 1i All items listed are on a oriority basis 1-rs and shall be shown as to } the cost of each. f �v�ae `1/o,ers w4ceens Avirsi iF <o Oa7- PoR `iQi�� �E'�GtEaT I /002 Pl a va5,*4. S 1*' ,e �Eit/6i�vEC,e O�S�6.v . q"G�� } J l a 9 HARBOR COMMISSION April 9, 1985 Pepe 2 Proposed Schedule Select engineer by Mav 15th Design complete by September 15th Bid opening October 15th ' Awarder; November let Construction,begins at contractor's option with completion scheduled bw fall of 1986 or sooner. - c. Membership No discussion available 4. NEW BUSINESS None 5. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 6. COMMISSION COMMENTS h QUESTIONS ;#.. j None F 7. ADJOURNMENT There being no further business. the meeting was adjourned. Janet Looer Secretary f - --- - - -- -- - - - --- - ---- --- -- - -- --- CITY OF KENAI 210 FIDALGO KENAIf ALASKA 99611 CONTRACT DOCUMENTS RELATING TO KENAI MUNICIPAL GOLF COURSE AND OUTDOOR RECREATION AREA IN Room CITY ABWINfY CITY OF KENAI rOsox w KENAI, AIASxA 9Db11 i zesfaao TIM N00ENs< ca ATIO11NEr CITY OF KENAI v o sou sso OWL ALASKA 99611 is 4s" KENAI MUNICIPAL AIRPORT AND OUTDOOR RECREATION AREA TABLE OF CONTENTS PAGE NOS. INVITATION FOR BIDS . . . . . . . . . . . . . . . .8-1 to B-3 INSTRUCTIONS TO BIDDERS . . . . . . . . . . . . . .I8-1 to IB-5 BID PROPOSAL . . . . . . . . . . . . . . . . . . . .BP-1 to SP-4 AFFIDAVIT . . . . . . . . . . . . . . . . . . . . .BA-1 to BA-2 BIDDER'S QUESTIONNAIRE . . . . . . . . . . . . . . .BQ-1 to BQ-6 LEASE AND CONCESSION AGREEMENT. . . . . . . . . . .SCA-1 to SCA-9 PLEASE CHECK THIS BID PACKAGE IMMEDIATELY UPON RECEIPT TO INSURE THAT YOU HAVE IN YOUR POSSESSION ALL OF THE DOCUMENTS LISTED ABOVE. THE CITY WILL FURNISH BIDDERS WITH A COPY OF ANY MISSING DOCUMENTS UPON REQUEST, BUT ASSUMES NO RESPONSIBILITY SHOULD ANY OF THE REQUIRED DOCUMENTS BE MISSING FROM ANY BID PACKAGE CITY OF KENAI 210 FIDALGO KENAI, ALASKA 99611 t TIM ROGERS GfY AffORNEY CITY OF KENAI . e WIS M rENA1' AtAW Wall M75" INVITATION FOR BIDS GOLF COURSE AND OUTDOOR RECREATION AREA Sealed bids for the exclusive right to lease certain lands for the construction and operation of a golf course, park and incidental recreational facilities in the City of Kenai will be received at the City offices, 210 Fidalgo, Kenai, Alaska 99611. All bids must be received no later than 2s00 p.m., prevailing local time, on May 3, 1985, at which time and place they will be publicly opened and read. Bids may also be mailed to City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, but must be received in the office of the City Manager, prior to 2100 p.m. prevailing local time, on May 3, 1905, to be considered. All interested parties, including Female and Minority Business Enterprises, are encouraged to submit bid proposals. No person shall be excluded on the grounds of race, color, religion, sex, or national origin. The contract being offered is designated as the Golf Course and Recreation Area Concession Agreement and is briefly summarized as follows $ I. CONCESSION TERMS The obligation to construct and rights to operate the golf course and recreation area concession shall begin on June 1, 1985, and.terminate on December 31, 2005 unless extended for an additional ten-year term as provided by the proposed lease. II. PREMISES: Lots 1 A 29 Section 3, T5N, R11W, Seward Meridian, excepting therefrom a strip of an approximate 200 ft. depth along the northwest boundary of all of Lot 19 a portion of Lot 2 and also excepting therefrom, a portion of Lot 2 consisting of an area of approximately 75+ acres on the southern end more particularly shown and described on the map attached hereto and incorporated herein. This description is an inaccurate approximation to be corrected as information becomes available. III. RIGHTS GRANTED$ The exclusive right to operate a golf course and recreation area on the aforementioned lands within the City of Kenai. IV. CONCESSION FEESs The successful bidder will be required to pay in advance an annual concession fee equal to the amount bid as annual rent except for the first two (2) years which shall be paid in advance as per Paragraph IV herein.. B-1 TIM ROGERS CRY AttoaNIV CITY OF KENAI v o box go .ENA1, ALASKA 99611 m7S30 V. MINIMUM SIDs The minimum acceptable bid will be as followss Operating Annual Season Rent First $ 10000.00 Second through Fifth $ 2,000.00 Sixth through Eighth $ 5,000.00 Ninth and Tenth $10,000.00 Eleventh through remainder of initial term $15,000.00 Additional Term of Lease $20,000.00 VI. BID DEPOSITS A bid deposit in the amount of $3,000.00 in certified funds must be submitted with each bid proposal. VII. CONSTRUCTION AND DESIGN CRITERIA AND SCHEDULES Each proposal shall include plans, drawings, and a proposed construction schedule prepared and certified by an engineer or architect registered and authorized to do business in the State of Alaska. VIII. BIDDER QUALIFICATIONSs In order to participate in this bid offering, a bidder must be able to demonstrate that since January 19 1975 he complies with all of the following: 1. Has had at least three (3) years of direct experience in the operation of a commercial business with gross sales of at least $250,000.00 per location per year. 2. Has or is affiliated with persons having knowledge or expertise for design and construction of the proposed facility. IV. ADVANCE GUARANTEE PAYMENTS: Upon award of the contract, the successful bidder will be required to execute the contract and pay to the City the minimum concession guarantee offered by the successful bidder for the first two (2) years of the contract term, which sum will be deducted first from the bid deposit already submitted. A pre -award conference for all potential bidders will be held at City Hall, 210 Fidelgo, Kenai, Alaska, on May 10, 1985, beginning at 11:00 a.m., prevailing local time. The conference will be conducted by the City of Kenai Public Works Director and will include a general information briefing, a question and answer session and an inspection tour of the concession area. The bid documents manifesting the terms and conditions of this ,concession offering may be examined and/or obtained from the City of Kenai Public Works Director, 210 Fidalgo, Kenai, Alaska 99611 (Telephones (907) 283-7535). The bid documents include the 8-2 1 - , --- Tim RoaEM COY MOO IY j CITY of KENAI l oOlOxM j FINAL ALMA99611 I M?W .,.. _. Instructions to Biddere, the Specimen Concession Agreement, the Bid Proposal Form, the Bidder's Affidavit Form, Bid Question- neire, and this Invitation for Bide. ALL BID PROPOSALS MUST BE MADE ON FORMS FURNISHED BY THE CITY. The right is hereby reserved to reject any and all bid proposals and to waive any defects when, in the opinion of the Kenai City Manager, or his official designee, such rejection or waiver will be in the best interest of the City. In addition, the City hereby reserves the right to readvertise for Bid Proposals or to reschedule the bid opening, if such action is desired by the City. DATES April 199 1985 m. J. er g ton City Manager City of Kenai B- 3 A 8 1 II INSTRUCTIONS TO BIDDERS KENAI MUNICIPAL GOLF AND RECREATION AREA AGREEMENT I. BID PROPOSALSs All Bids must be made on the Bid Proposal form furnished by the City (attached hereto), must be properly executed as provided thereon, and be addressed and delivered to the office of the City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, no later then 2sOO p.m., prevailing local time, on May 39 1965. Side may also be mailed to the City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, but must be received at the office of the City Manager no later than 2s00 p.m., prevailing local time, on May 31, 1985, to be considered. Each Bid Proposal must be submitted in a sealed envelope which is clearly marked on the outside with the Bidder's name and the following labels "Kenai Municipal Golf Course and Recreation Area Concession" To be complete, a bid proposal must consist of the fol- lowings A. A completed, eigned, and notarized Bid Proposal (Pages BP-1 to BP-3). B. A completed, signed, and notarized Affidavit (Pages BA-1 to BA-2). C. The required Bid Deposit-. 14 D. A completed and signed Bid Questionnaire (Pages 80-1 to BQ-6). E. Design Plan drawings and/or specifications. No late or telegraphic bids will be accepted. When received by the City, all bids become the property of the City. When bids are opened, all bid proposals and supporting documents and statements become public information. 11. BID REVISION/WITNDRAMALs A bidder may withdraw or revise a Bid Proposal after it has been deposited in the office of the City Manager, 210 Fidalgo, Kenai, Alaska 996119 provideds A. the bidder submits a written request for return of his bid proposal. (The request must be signed by the bidder, or a duly authorized agent or officer of the bidder, and notarized.) B. the City is able to clearly identify the bidder's sealed bid envelope by reading the bidder's name on the outside. No bid envelope will he opened for bidder identification or any other reason prior to the time set for formal bid opening. Tim ROGERS COV ATTORNEY CITY Of KENAI 0 0 BMW .ENA1, ALASKA 99611 4M•75" FJ /r ,I • 1 Tom none CITY Atrolway CITY OF KEMAI � n eox ,eo NOW, AMSKA 90611 i C. the withdrawal or revision is completed prior to the time set for opening bids. No telegraphic bid revisions or withdrawals will be accepted. 111, BIOOER QUALIFICATIONS: In order to submit a bid, a bidder must be able to demonstrate that since January 11 1975 has 1. Has had at least three (3) years of direct experience in the operation of a commercial business with gross sales of at least ;250,000,00 per location per year. 2. Has or is affiliated with persons having knowledge or expertise for design and construction of the proposed facility. Further, the bidder must be able to demonstrate that the three (3) years of required experience occurred within the period of January 19 1975 to June 19 1985, and that the bidder was the principal operator of said businese(es). (Please refer to the Bid Questionnaire for specific requirements.) IV. 810 FACTOR The minimum acceptable bid will be a lease guarantee as follows$ Operating Minimum Annual Season Rent First 3 1,000.00 Second through Fifth 29000.00 Sixth through Eighth 50000.00 Ninth and Tenth 10,000.00 Eleventh through remainder of initial term 150000.00 Additional Term of Lease 20,000.00 V. REJECTION OF 810 PROPOSALS$ Bid proposals may be rejected under any of the fol- lowing conditions: A. If they show any alterations, erasures, irregularities of any kind or additions not called for; if they are conditional or incomplete; or if they fail to comply with any of the requisite conditions. B. If the bidder is in arrears in any payments owing to the City or is in default of any obligation to the City; or is a defaulter as surety or otherwise upon any obligation to the City; or has failed to perform faithfully and diligently any previous contract with the City. 18-2 M1 j I t �i : J To Room$ ` COY A110214" ! CITY Of K"I ��� •oaxao '. iC �3.7QOD 1 r i C. If the bidder fails to demonstrate that he has the experience required under Item III (Bidder Qualifications) above. In addition, the City reserves the right to reject any or all Bid Proposals and waive any defects when in its opinion such rejection or waiver will be in the best interest of the City. The right is reserved by the City to reschedule the bid opening or readvertise for Bid Proposals if such action is desired by the City. VI. BID DEPOSITt All Bid Proposals must be accompanied by a certified check or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai, in the amount of $3,000.00. The City reserves the right to cash such check and hold the proceeds thereof pending the award of the concession contract. VII. CONTRACT AMAROs A. The contract award, if made, will be made by the City Manager for the City of Kenai, or his official designee. B. The bidder must be capable of performing all of the terms and conditions of the contract being offered. The City may request the bidder to furnish additional information, including financial information, to determine if the bidder is qualified. C. In the case of any discrepancy between the words and figures in the Bid Proposal, the words shall govern. D. The contract award, if made, will be to the highest responsive qualified bidder based upon the followings 1. The total minimum rent guarantee to be paid to the City during the term of the contract. 2. The conformity of the bidder to all of the terms, conditions, and prerequisites set forth in the bid documents. 3. Best interest of the City of Kenai as determined by the City Council. VIII. REVENUES AND RESTRICTIONS: For the initial two years of operation, commencingc� with the 1987 season, green fees shall not exceed five dollars ($5.00) per person for nine holes of golf. Green fees subsequent to the first two years of operation shall be set at the sole option of the Kenai City Council upon petition of successful bidder. Said green fees shall constitute the only mandatory charge for use of the golf course. There shall be no other mandatory fee for use of the facility than green fees. IX. EXECUTION OF CONTRACT: A. Execution of Agreement - Within fifteen (15) calendar I8-3 0 r II TIN ROGERd CITY AifOMY CITY OF KENAI 0oec,W rINAI, ALASKA Wbi 1 M153D monies required pursuant to the guarantee advance stipulated under Item X below. Upon execution of the agreement by the City, the successful bidder's bid deposit shall be credited against the minimum rent guarantee payable by the bidder under said agreement for the first two (2) years of the contract term. B. Failure to Execute Agreement - Failure to execute and return the agreement, together with the guarantee advance, so that they are received by the City within fifteen (15) calendar days after the City has mailed to the successful bidder the agreement for execution shall be just cause for the annulment of the award and for the forfeiture of the bid deposit to the City. If the successful bi or refuses or fails to execute and return the agreement together with the required guarantee advance the City may award the agreement to the next highest responsive qualified bidder. If any such bidder to whom the agreement is so awarded refuses or fails to execute and return the same in the time specified, such bidder's bid deposit shall likewise be forfeited to the City. X. GUARANTEE ADVANCE: The successful bidder must submit an advance guarantee payment to the City when returning the executed copies of the contract as required under Item IX above if the bid deposit required is not sufficient. Said advance guarantee payment shall be the first two (2) years' minimum rent guarantee offered by the successful bidder for the first two (2) years of the contract term, less the bidder's $3,000.00 Bid Deposit. Said advance guarantee must be made by a certified check or cashier's check on a solvent financial institutign doing business witloin the United States of America, payable to the City of Kenai. XI. RETURN OF BID DEPOSITSs Bid deposits submitted by unsuccessful bidders will be returned to them as soon as possible AFTER the agreement has been signed by the successful bidder and the City, or if all bids are rejected, all bid deposits will be returned. XII. TIE BIDS: In event of a tie bid by qualified bidders, the tie will be broken by awarding the agreement to the bidder who has demonstrated the most experience in the operation of qualifying retail business(es) since January 1, 1975, as determined by a comparison of the aggregate years of verified experience listed by the bidders in their Bid Questionnaire in response to Question No. 6 and No. 7. XII1. PUBLIC INFORMATIONS All Bid Proposals, including any and all documents and/or statements submitted with a Bid Proposal, become the property of the City when received by the City. Upon the opening of sealed bids by the City, all such information submitted with the Bid Proposal becomes public information. I8-4 - - - TOM amen CRY ATtOVAY 1 CITY Of KENAI n o eox seo 11MA1. ALASKA 99611 t ?01.753D XIV. PRE -BID CONFERENCE$ A pre -bid conference for all potential bidders will be held at City Hall, 210 Fidelgo, Kenai, Alaska, on May 10, 1985, beginning at 1100 a.m., prevailing local time. The conference will be conducted by the Public Works Director and will include a general information briefing, a question and answer session, and an inspection tour of the concession lands. XV. OTHER REQUIREMENTSs Bidders are responsible for carefully examining all documents relating to this agreement and judge for themselves all the circumstances and conditions affecting their Bid Proposal. Failure on the part of any applicant to make such examination and to investigate thoroughly shall not be grounds for any claim that the bidder did not understand the conditions of the Bid Proposal. All bidders should also thoroughly familiarize themselves with the concession site conditions. XVI. GENERAL CONTRACT INFORMATION: A. The City of Kenai is offering an opportunity to do business on City Lands and does not in any way guarantee a profit for the operation of the concession. B. The effective date of the contract shall be June 1, 1985, and shall terminate December 31, 2005. C. if during the term of this contract being the City wishes to add additional lands to the golf course, the City will give the successful bidder a right of first refusal to said golf course lands. D. It is anticipated that improvements required to the concession premises, which cost will be borne solely by the successful bidder, will range from Dollars, and consist primarily of clearing burning, excavation, fill, water service lines and wells and a building to house an office, clubhouse and refreshment facility. E. The City may require of any Bidders, other then sole proprietors, signed surety guarantees from all principals, agents, Directors, stockholders, and/or officers of the successful bidding entity. I8-5 r I' 1 TIM ROGERS j Cav Alto say 1 COY OF Ka"I v o MUM WMA1, AWRA W601 { zn7W i i f i KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA BID PROPOSAL PLEASE PRINT THE FOLLOWINGs Business Name of Bidder . d/b/s (if applicable) . Submitted by. . . . . . . . . Title . . . . . . . . . . . . Business Mailing Address . . Telephone No. . . . . . . . . 4 CORPORATE APPLICANTS MUST ALSO HAVE PRINCIPLE OFFICERS AND OR DIRECTORS SIGN IN THEIR INDIVIDUAL CAPACITY. BP-1 I „71 M 1 C (;1 Tin Room_ fATY ATTOflMY j ! CITY OF KENAI a o sow K001. ALASKA 90611 1 M75" is BID PROPOSAL KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA DATE City of Kenai 210 F idalgo Kenai, Alaska 99611 Gentlemen: The undersigned (person, partnership, joint venture, corporation), hereinafter called the Bidder, hereby offers to enter into a Golf Course and Recreation Area Concession Agreement covering certain rights and privileges on lands within the City of Kenai. In connection with this offer and in addition to all terms of the proposed lease the Bidder offers to pay the following annual minimum lease guarantee: This offer is made subject to the terms and conditions of the Invitation for Bide dated April 19, 1905, and the Instructions to Bidders and Specimen Concession Agreement issued by the City as part of the offering for the subject Concession Agreement. Attached hereto and made a part of this offer are the followings 1. Affidavit executed by the Bidder. 2. Completed and signed Bid Questionnaire. 3. Bid deposit in the amount of $3,000.00 in the following forms A certified or cashier's check on a solvent financial institution doing business within the United States of America, payable to the City of Kenai. The Bidder hereby acknowledges the City's right to cash such check immediately following bid opening and to hold the proceeds thereof until the award process is completed. 4. The required Design Plan drawings and/or specifications. Within fifteen (15) calendar days after receipt of notice and acceptance of offer by the City of Kenai, the Bidder will execute and deliver the Agreement, together with the required Guarantee Advance, to: City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611. Said Guarantee Advance will be the minimum lease guarantee offered in this Bid Proposal for the first two (2) years of the contract term and will be in the form of a certified or cashier's check on a solvent financial institution doing business in the United States of America. It is understood and agreed by the Bidder that failure to execute and return the concession agreement, together with the BP-2 L— — 11 — { TIM RME" cry arway j CITY OF 904M � r O LkA1 !10 WIN. ALASKA W690 sLs.7sn ouch breach the deposit hereinabove referred to shall be forfeited to the City of Kenai. Time is of the essence in the execution end performance of the obligations under this agreement. This offer may be accepted or rejected by the City of Kenai by written notice to the Bidder at the address stated on Page SP-2. (CORPORATE SEAL) Sincerely, Name of Bidding Corporation, Company or Person Signature By Individual Surety Individual Surety CORPORATE ACKNOWLEOGEMENTs STATE OF ALASKA ) )ss 14 3UDICIAL OTSTRICT I THIS IS TO CERTIFY that on this day of , 198 , before me, the undersigned, a Notary Public in and for the StOT—or , duly commissioned and sworn, personally appeared known to me and to me known to be the of the corporation which execu ed the within instrument, and he acknowledged to me that he executed the some for and on behalf of said corporation, and that he is fully authorized by said corporation so to do; and that the corporate seal affixed to said instrument is the corporate seal of said corporation. WITNESS my hand and official seal the date and year in this certificate first written above. Notary Public in and for My Commission Expiress BP-3 . oil TINS RMEN cnr MOMY M OF KENM noWXW I&M, ALASKA 9961L �Lp7S19 INDIVIDUAL ACKNOWLEDGEMENTS STATE OF ALASKA ) )sa JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this day of , 198 , before me, the undersigned, a Notary Public n and for the Staff of , duly commissioned and sworn, personally appeared , known to me and to me known to be the person s named herein an who executed the foregoing instrument, and (he, she, they) acknowledged to me that (he, shop they) signed the same as (his, her, their) free and voluntary act and deed with full knowledge nf its contents, for the uses and purposes therein mentioned. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. Notary Public in and for My Commission Expiress BP-4 14 o — 1 M i 1 TIM ROOERS tnr Anoonar ci CITY OF KENAI v o sox sou KENA�, AtA3tA OObit -i Z83.1SY► and sayss BIDDER'S AFFIDAVIT being first duly sworn deposes I. The Affiant (as Bidder or as representative or officer of Bidder) has carefully examined all documents relating tot the Golf Course and Outdoor Recreation Area; II. the Bidder acknowledges that all the documents and statements submitted with the Bidder's Bid Proposal become the property of the City when received by the City and become public information once the bid is opened; III. the Bid Proposal filed herewith is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; IV. the bid is genuine and not collusive or sham; V. the Bidder hoe not, directly or indirectly, induced or solicited any other bidder to put in a false or sham bid and has not directly or indirectly colluded, conspired, connived, or,pagreed with any bidder or anyone oleo to in a sham bid, or that anyone shall refrain from bidding; VI. the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the price of the bidder or of any other bidder, or to fix any overhead, profit, or cost element of such bid price or that of any other bidder, or to secure any advantage against the City of Kenai or anyone interested in the proposed Concession Agreement; VII. all statements contained in the bid and supporting documents are true; VIII. the Bidder has not, directly or indirectly, submitted his bid price or any breakdown thereof or the contents thereof, or divulged information or dates relative thereto, or paid or agreed to pay directly or indirectly, any money or other valuable consideration for assistance or aid rendered or to be rendered in procuring or attempting to procure the Concession Agreement above referred to, to any BA-1 I TIM ROOEN C"Y AffORAMY l WY OF KMAI { v o eon to i KOW, A{AUA 9%11 •i ie1f5�9 corporation, partnership, company, association, organization, or to any member or agent thereof, or to any other individual; IX. the Bidder will not pay or agree to pay, directly or indirectly, any money or other valuable consideration to any corporation, partnership, company, association, organization, or to any member or agent thereof, or to any other individuals for aid or assistance in securing the agreement above referred to in the event the same is awarded to the Bidder; X. the Bidder is not in arrears in any payments owing to the City nor is he in default of any obligation to the City; nor is he P defaulter as surety or otherwise upon any obligation to the City; nor has he failed to perform faithfully and diligently any previous contract with the City. Signed ats on this day of , 1985. Signatures Title s Subscribed and sworn to before me , a Notary Public in and for the State of , on this day of , 198_. Notary Public State of My Commission Expiress BA-2 �t Tim RODE N urn MOWN CITY OF KENAI oOa01m KO M, AIASKA W611 2W539 KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA BID QUESTIONNAIRE All information requested in this Questionnaire must be furnished by the Bidder, and must be submitted with the bid. Statements must be complete and accurate and be presented in the form requested. Omissions, inaccurecies, or misstatements in a Bidder's Questionnaire may, at the discretion of the City, be grounds for rejection of a bid. 1. Name of the Bidder exactly as it is to appear on the Concession Agreements 2. Mailing address of the Bidder for contract administration purposess 3. The Bidder, if selected, intends to operate the concession as (check ones ( ) Individual ( ) Joint Venture ( ) General Partnership ( ) Corporation ( ) Limited Partnership 4. If the Bidder will operate the concession as a partnership or joint venture, attach a copy of the partnership or joint venture agreement and answer the following questionss a. Name, mailing address, and share of each partner or joint venturers Name Address Share b. Date of organizations c. Agreement recorded sts Borough County Judicial District State Bete BQ-1 d. If partnership, or joint venture is registered with the State of Alaska, Department of Commerce, state date of registrations 5. If the Bidder will operate the concession as a corporation, answer the followings a. Date incorporated: ; In what state? • b. If corporation is registered with the State of Alaska, Department of Commerce to do business in the State of Alaska, state the date of registrations c. Name, mailing address, amount of stock held (number and type), and experience in the retail sales business of the following corporate officers and Board of Directors members: CORPORATE OFFICERS Presidents Name Address Stock Experience Vice -Presidents Name Address Stock Experience Secretarys Name Address Stock Experience TOM R006118 COY ATIORMY CITY OF KENAI • o MUD KOM, AAA 99691 21WIS» BQ-2 Tim now MY A1t0ftay CITY OF KMI 0oeonM IINAI, AMU^ W61I 20,15W Treasurer: Name Address Stock Experience BOARD OF DIRECTORS Chairman: Name Address Stock Experience Members Name Address Stock Experience Members Name Address Stock Experience 80-3 3 IN amen CGtr MORAY CITY OF KMJ r o WK sa V"iW, AIMRAW610 M7W Members Name Address Stock Experience Members Name Address Stock Experience d. List the five (5) stockholders owning the largest amount of stock in the corporation (excluding corporate officers and members of the Board of Directors already listed under Question No. 5(c) above). Indicate name, mailing address, and number and type of shares held. • Name Address Stock Name Address Stock Name Address Stock Name Address Stock 80 -4 1 n " TIM ROOM f CITY OF KENAI o o sox !so IM01. ALASKA 9%11 ! 283.7339 Name Address Stock 6. Attach a description of the businesses which the bidder has operated since January 19 1975. List only those businesses which generated gross sales in excess of $250,000.00* per calendar year. The description must include the following information for each listed: a. Business name. b. The calendar years during which the business enerated annual gross sales exceeding 2509000.00*. c. The actual gross sales* generated by the business for the calendar years listed in accordance with paragraph (b) above. d. The mailing address and telephone number of the agency responsible for the operation of the business, together with the name of the manager or other contact who will be able to confirm the accuracy of the data furnished by the bidder in response to this Question No. 6. * Notes All figures must be in U.S. dollars as valued during the calendar year to which reference is made. No inflation adjustment for intervening years is to be included. 7. Attach a description of other business(es) which the Bidder has operated since January 1, 1975. List only those business(es) which generated gross sales in excess of $2509000.00* per calendar year per single location. The description must include the following information for each such busineass a. Location - Street address, city and state (country, if not located in the USA). b. Calendar years during which the business generated annual gross sales exceeding $250,000.00*. c. The actual gross sales* generated by the business for the calendar years listed in accordance with paragraph (b) above. d. The mailing address, telephone number, and contact name for a municipal government agency, CPA firm, or other independent source(s) that can confirm the accuracy of the data furnished by the bidder in response to this Question No. 7. * Notes All figures must be in U. S. dollars as valued during the calendar year to which reference is made. No inflation adjustment for intervening years is to be included. 8. Financial References: Attach a list of at least two (2) banks or other financial institutions with which the bidder regularly does business. Include name and BQ-5 TIM ROOERS CRY ATTORNEY C" OF KENAI P. O Box Sao KOMI, MAMA 99611 2Bi7S:9 KENAI MUNICIPAL GOLF COURSE AND RECREATION AREA LEASE AND CONCESSION AGREEMENT THIS LEASE, made and entered into this day of , 19 by and between the City of Kenai, hereinafter referred to as CITY, a body corporate under the laws of the State of Alaska, with offices at 210 Fidalgo Street, Kenai, Alaska, and hereinafter referred to as the LESSEE. WITNESSETHs That for and in consideration of the rent to be paid by LESSEE and the construction of golf facilities and other improvements and surrender of the same in good condition to the CITY at the termination of this Lease and the other consideration given by the LESSEE herein, the CITY hereby leases to the LESSEE, and LESSEE takes and leases in an "as is" condition from the CITY, that area of land described and shown on the attachment labeled Exhibit "A'1 and made a part hereof, which Exhibit "A" is, at the time of execution of this Lease, a Preliminary Drawing for Field Survey, to be replaced, at a later date, by a Field Survey, which shall be produced by the CITY, and which shall be conclusively established as having been approved and accepted as a part of this Lease by the presence of signatures on behalf of the CITY and the LESSEE thereon. Said leased area shall hereinafter be referred to as "the Premises." TO HAVE AND TO HOLD the some Premises unto LESSEE, subject to the conditions and covenants herein contained, for the term of years hereinafter specified. The parties hereto further covenant and agree as follows: ARTICLE I Term of Lease The initial term of this lease shall be twenty (20) years, commencing the first day of June, 1985, and terminating at midnight on the 31st day of December, 2005. Upon termination of this Lease, each of the improvements listed and described under Article III, Paragraph A, shell be and become the property of the CITY and further upon the termination of this Lease, all buildings constructed by LESSEE on the leased premises under provisions hereof and all fixtures appurtenant to such buildings shall be and become the property of the CITY. ARTICLE II Option to Renew Upon completion of the twenty (20) year initial term of this Lease, the LESSEE at its option, may renew this Lease for an additional term of ten (10) years, subject to the conditions and covenants contained herein. LESSEE'S option to renew shall be exercised by notice in writing to the CITY, at least six (6) months prior to the termination of the twenty (20) year initial term, and said option shall expire and cease if not so exercised. LCA-1 i TIM RODEN CITY ATTORNEY CITY OF KENAI v o WX 5W 1ENA1. AtA511A 99611 283•7539 ARTICLE III Purpose and Improvements LESSEE shall provide for the construction and operation and maintenance of a public golf facility and appurtenances, and the Premises shall be used only for such purposes unless consent to some other use is obtained from the CITY in writing. It is anticipated that areas not being utilized for golf will be available to the public without charge for jogging and other uses not inconsistent with or in frustration of the premises primary use as a golf course. LESSEE shall cause to be designed, constructed, and installed upon and within the Premises, at a value of not less then THREE HUNDRED THOUSAND ($300,000.00) DOLLARS and at no cost to the CITY, the improvements listed and described under Paragraph A of this Article III. The preliminary plans prepared by LESSEE and approved by the CITY shall constitute the Master Plan for development of the Premises. Construction shall be started in accordance with the terms of this Lease not later then thirty (30) days after the date hereof and shall proceed with due diligence until completed within one (1) year and one hundred twenty (120) days from the date hereof. A. Required Construction. LESSEE covenants that he will construct the following: 1. Regulation 9-Hole Golf Course. A regulation 9-hole golf course will be constructed on the Premises, the design and subsequent construction of which shall be equal to other Lcourses existing in Alaska]. The design shall incorporate+a minimum yardage of 3,000 yards; the par shall be 36; the turf greens shall each contain a minimum area of 5,000 square feet; the layout and construction shall conform with the best practices and with applicable U.S. Golf Association recommendations. 2. Practice Putting Green. A practice putting green will be constructed on the Premises. The design shall contain a minimum area of 5,000 square feet; the surface shall be of the same turf as the greens on the course; the construction shall conform with best practices and with the applicable U.S. Golf Association recommendations. 3. Practice Driving Range. A practice tee and fairway with provision for a minimum of Six (6) tee spaces will be constructed on Premises. Design of this facility shall include provision for increasing the capacity if space requirements will permit. 4. Buildings. A clubhouse building, with a floor area of not less than 1,300 square feet, which will include restrooms and facilities for a pro -shop and for sale of food and refreshments will be constructed on the Premises. All buildings constructed on the Premises shall conform to all laws, rules, regulations and ordinances applicable to safety and accessibility of physically handicapped. The building construction shall provide for accommodating maintenance equipment and storage. 5. Roads and Parking. A surfaced access and entrance road shall be provided to the clubhouse area from Lawton Drive, the northern boundary of the Premises. Surfaced parking areas to accommodate a minimum of 60 cars shall be provided in close proximity to the clubhouse. LCA-2 TIM aoaeas CITY Of KENAI o o BOX NO I! .ENAI, AUS1fA 99611 Space for future surfaced perking for an additional care and an overflow perking area shall aloo be provided in close proximity to the clubhouse. Planning shall include a surfaced access and entrance road to the above -mentioned parking areas from Lawton Drive. 6. Watering System. A watering eystem of sufficient capacity will be provided for all tees and greens. B. CITY Construction. In addition to the foregoing improvement which LESSEE covenants and agrees to construct and operate, the CITY agrees that in the initial construction of improvements by LESSEE, it will construct the followings 1. Access Road. Lawton Drive shall be upgraded and water and sewer shall be installed along Lawton Drive to a point on the extended easterly boundary of Lot 19 Section 3, T5N, R11W9 Seward Meridian for an approximate distance of feet. C. The LESSEE agrees that the golf course and the other improvements provided for herein shall be equally available to all adult members of the public without discrimination. Any discrimination by the LESSEE in the dispensing of food and beverage as provided for herein or in the use of any golf facility hereinabove described on grounds of race, sex, religion or national origin shall be deemed to be a material breach of this Lease. D. The LESSEE agrees that he will not discriminato against any employee or applicant for employment, to be employed in the performance of this Lease with respect to his hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment because of age, except when based on a bons fled occupational qual4fication or because of race, sex, religion or national origin. LESSEE understands that any such discrimination shall he deemed to be a material breach of this Lease. Lessee shall pay to the CITY as rent for the use of the Premises the followings Operating Annual Season Rent First $ Second through fifth Sixth through Eighth Ninth and Tenth Eleventh through remainder of initial term Additional Term of Lease LESSEE intende to apply for two beverage dispensary licenses and the LESSOR hereby gives its non -objection, provided LESSOR fo named on the Licenses and is indemnified against any lose as hereinafter provided. LCA-3 r u i 0 ' a TIM AOOEu A CITY OF KENAI rtlUl 01/R'�A �AAf I ' 987-Yi7'I For the purpose of thin Loosnt "operating onanon" shall moon the period of time in any cnlendor year commenal"tl on the data when LESSEE oholl open ito facilities for tone and enjoyment by the puhliu and ending on the data when the LESSEE oholl nlooe Ito focilitioo to the public. The roquirad minimum "operating 0000en" aholl he from .`tune 15 to October 1 of each year unl000 otherwioe agreed to by the Kenai City Council LESSEE agroon that all ortielon oold or uned under thin 1,0800 oholl be of good quality and shall be nubject to the approval of the CITY, For the initial two yearn of operation# commoncinq, with the 1987 neaoont groan Peen oholl not exceed five dollorn ($3.00) per portion for nine holeo of golf. Green face oubanquent to the first two yooro of operation oholl be set at the sole option of the Kenai City Council upon petition of ouee000ful bidder. Said green foeo oholl conotituto the only mandatory charge for uoe of the golf couroo, The premioon under thio Leone are owned by the CITY. Howovort it La contemplated that LESSEE ahaii be ouhject to taxation upon all peroonal property owned by LESSEE and uoed an or in connection with the leaned Premioeo. LESSEE covonanto to pay any taxoa no may be lawfully 0000000d againot ouch poroonal property. ARTICLE IV P0000nnion and Maintenance LESSEE oholl have oole pooneonion oft and rooponoibility for maintenance of the Premieest including all improvemento conotructed thereon, The CITY shall have the right to inopect the Premiseo and to imp000 re000nablo roqulationo to inoure proper caret maintenancot and,upkoop of the Premi000. The degree of maintenance shall be in keeping with other gulf courseo. the CITY# through ite City Monagort aholl have the right to require that the Promioeo and improvements thereon moot general otandardo of other owned and operated golf cour000. The CITY ohali advioe the LESSEE in writinq of any deficiency in maintenance of the Promi000. The deficiency oholl be corrected within thirty (30) daya# or within an appropriate period no may be otherwioe agreed. ARTICLE V &Matioa A. In ito operation on the leaned premi000t LESSEE shall oboorve all applicable Federal# State and Municipal lawn and oholl take ouch actiono no may be noceaaary to the protection of health# onfety# and well-being of the public. A. LESSEE shall at ito exponent moat the requiromonto of local and otate health departments covering the handling and diepenoing of food and beverages. Adequate toilet facilities in accordance with the piano and opecificotiono ahali be provided at locations on the golf course and at the clubhouoo. Refuse and woote moterialo oholl be handled no required by applicable otate and local lawn, ordinancon and rogulationo. C. LESSEE agreeo to pay all public utility bills for electricity, goo# water, and any and all other utilities good or consumed, on the Premitjes and to procure at ita oxponne all metoro and permita neenonary for making minnert ions and continuing utility nervic"o. IXA-4 i TIM A00l11� 61tr AttgAtlEr CITY OF KINAI .moat FJWO, AIAVA W611 te�asn 0. For purposos of promoting the facility the CITY may from time to'time join with the LESSEE in holding major golf tournomento of State and National significance. E, LESSEE agrees that winter usage (November 1 through May 1) of the golf facility by the public for purposes consistent with CITY policies of winter use on golf courses will be permitted excepting the clubhouee, tees, and greens areas, which will remain cloned unless otherwise agreed to in writing; provided, however, that damage to the premises resulting from such authorized winter usage shall be repaired at the expense of the CITY. ARTICLE VI Insurance During the term of this Lesso, LESSEE shall procure and keep in force, or shall where appropriate, require LESSEE'S contractors and subcontractors to procure and keep in force, the following ineurancee: A. Workmen's compensation insurance, sufficient to meet State of Alaska statutory requirements, including $1009000.00 employers liability coverage, protecting all employees of LESSEE and employees of its contractors or subcontractors during the term of this Lease. A. Comprehensive general liability insurance, including product with limits, as to bodily injury liability, of $1,000,000.00 for each occurrence and $1,000,000.00 in aggregate end, ea to property damages, liability of $100,000.00 for each occurrence and $100#000.00 in aggregate. Insurance policies required by this paragraph shall name LESSEE as Insured and the CITY as an additional insured. Such insurance shell be made effective prior to the beginning of construction on the golf course and shall cover construction end, thereafter, operation of the improvements on the Premises. C. Comprehensive automobile liability insurance with limits, as to bodily injury liability, of $500,000.00 for each person and $1,000#000.00 for each occurrence, and, as to Property damage required by this paragraph shell name the CITY as an additional insured. 0. Fire, "indeliam, Malicious Mischief, and extended coverage insurance covering all buildings constructed by LESSEE during the term of this lease in an amount equal to at least eighty (80%) percent of the full insurable replacement value of ouch building above foundations. Such insurance policies shall be ioeued in the joint names of the CITY and LESSEE and shall be payable to the CITY, LESSEE and to any leasehold mortgagee, so their respective interests may appear. Duplicate originals or certificates of all insurance policies required hereunder shall be delivered to the CITY prior to occupation of the Premises by LESSEE. The entire amount collected for losses under any fire and extended coverage polices shall be held under joint control of the CITY, LESSEE and any lesoehold mortgagee, shall be made available to repair, restore, or rebuild the damaged improvements. Any excess part of the insurance fund remaining after the cost of repairs, rebuilding or restoration is paid, shall be paid to the LESSEE. In the event the insurance fund is insufficient to cover the cost of repairs, rebuilding or restoration, the excess cost shall be borne by LESSEE. LCA-5 f: TIIM ROGERS CdY MOW CITY Of KEM v o eo: eeo REMAI, ALASKA 99611 zWS" E. Reassessment of insurance needs shell be made by CITY at least every five (5) years to determine whether or not the coverage needs to be increased. F. LESSEE agrees that thirty (30) days notice in writing shall be given the CITY in the event of cancellation, termination or material change of any insurance policy required hereunder. ARTICLE VII Performance and Payment Bond Within thirty (30) days after the execution hereof, LESSEE shall furnish to the CITY, either a performance and payment bond (with a corporate surety licensed to do business in the State of Alaska) in the amount of ONE HUNDRED THOUSAND ($100,000.00) DOLLARS, or a cash bond in the amount of TEN THOUSAND ($10,000) DOLLARS, conditioned upon LESSEE'S completion of construction items described in Paragraph A of Article III in accordance with the Master Plan, and a payment bond conditioned upon LESSEE'S payment of the full cost of all labor, materials, tools and equipment furnished for the work. Said bonds shall be payable to the CITY and should be subject to approval by the CITY as to form. ARTICLE VIII Assignment of Lease Except as provided in this paragraph, this Lease shall not be assigned in whole or in part, unless and until the CITY approves such assignment in writing, which approval shall not be unreasonably withheld. Upon written request by the CITY, the identity of the holder or holders to any mortgage,+deed of trust or security instrument and all individuals, corporations, or parties having a financial interest as investors or shareholders with the LESSEE in this lease, shall be provided the CITY by LESSEE within thirty (30) days of such request, LESSEE shall have the right to sublease the Premises or parts thereof for uses and purposes which are in accord with the provisions of this Lease, only upon written approval by the CITY which approval shall not be unreasonably withheld. ARTICLE IX Pledge of Lease It is understood that in borrowing funds LESSEE cannot place a mortgage on the Premises or the fixed improvements placed thereon. However, it is contemplated that LESSEE will be required to borrow funds for the initial construction of improvements and that from time to time during the term of this Lease it may be desirable or convenient for LESSEE to borrow additional funds for additional improvement, alterations, repairs or for other purposes. Accordingly, it is agreed that LESSEE shall at all times during the term of this lease have the right to grant rights of security in this Lease and the leasehold rights of LESSEE created by this Lease, provided, however, that any such rights of security shall at all times be subject to, and the right, title and interest of the CITY as owner of the Premises and fixed improvements placed thereon and the right of the CITY to require the payment of all rentals due hereunder and the full and faithful performance of the covenants and conditions of this Lease by the LESSEE. Subject to any such rights of security, the CITY shall have a lien upon all personal property not daily exposed to sale, owned by LESSEE and used on the Premises to secure the payment of the rentals as they respectively come due hereunder. LCA-6 i 0 o TIN ROOERS CITY ATTORNEY j GTYOF KENAI 0 ewe sMD ONAe, AIASKA 9%1 e �I.ss3o In the event at any time during the term of this Lease, LESSEE, or anyone holding under LESSEE shall be in default of any of the covenants or conditions of this lease, then and in such event, before forefeiture is invoked by the CITY, the holder of any rights of security granted.,b.y LESSEE head all payments and do and perform any and all acts and things which may be necessary or required to prevent a forefeiture of this Lease, and the party making such payments or performing such acts or things shall thereby and thereupon be subrogated to all rights of the LESSEE under this Lease. The CITY agrees, that, if requested in writing by the holder of any such rights of security, the CITY will send to the said holder at the address specified in such written request copies of all written notices or demands which the CITY may serve upon LESSEE or anyone holding under LESSEE under and pursuant to the terms of this lease or otherwise. It is understood, however, that the holder of such rights of security, shall in qa way be liable to the CITY for the payment of any rent or for the performance of any other covenant or conditions under this Lease until such time as it shall acquire by conveyance from the LESSEE, or by the foreclosure or other proceedings provided by law or by the terms of any written instrument, all the rights, title and interest of the LESSEE under this Lease; provided, however, that any party who shall acquire said rights, title and interest of the LESSEE, as above provided, shall thereupon and thereby become liable for the full performance and all payments theretofore and thereafter required to be made by LESSEE under the covenants and conditions of this Lease, as fully and completely and to the same extent as the LESSEE itself would have been if it still had retained its right, title and interest hereunder. Nothing in this Article XII shall prevent or delay the termination of this Lease under the provisions of Article X. ARTICLE X Cancellation and Forefeiture In the event LESSEE shall be declared bankrupt according to law, or if any assignment shall be attempted to be made of this Lease for the benefit of creditors (other than as herein permitted) or if LESSEE shall abandon the leased premises or in the event rental due hereunder remains unpaid for thirty (30) days after notice of nonpayment given to LESSEE, then in any of said events, the CITY may declare the lease to be terminated and may enter into and upon the land covered by this lease or any part thereof and repossess the same (including any and all improvements and installed fixtures) and expel the LESSEE and those claiming under it and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. ARTICLE XI Indemnification LESSEE shall protect, indemnify and save harmless the CITY from and against any and all claims, demands and causes of action of any nature whatsoever for injury to or death of persona, or loss or damage to property, occurring on the Premises or in any manner growing out of or connected with the LESSEE' use and occupation of the Premises or the condition of the Premises during the terms of this Lease. LCA-7 ?INN MBRd CITY OF KENAI v A 8OK Sp ►"41. AUSKA 99A11 ze�asa9 To insure indemnification of the CITY, LESSEE shall procure and keep in force contractual liability coverage with limits as to bodily injury liability of $1,000,000.00 for each occurrence and $1,000,000.00 in aggregate, and as to property damecc��a liability with limits of $100#000.00 for each occurrence and $100,000.00 in aggregate. A certificate of insurance shall be delivered to the CITY before occupancy of the Premises by LESSEE. ARTICLE XII Waiver of Default Any waiver by the CITY of any default or breach of this Lease shall not be construed to be a continuing waiver of such default or breach nor as a waiver or permission, express or implied, of any other or subsequent default or breach. ARTICLE XIII Force Maseure If by reason of strike, lockout, war, rebellion, material or labor shortage due to a national emergency, fire, flood, hurricane or other casualty, periods of excessive rain, or by any other matter not within its control, the CITY or LESSEE in good faith and without fault or neglect on its parts is prevented or delayed in the construction of any condition except as relates to rental payments or the maintenance of insurance which, under the terms of this Lease, it is required to do so perform within a specified period of time, the period of time within which such performance was to have been completed shall be extended by a period of time equal to that of such delay or prevention, and the CITY or LESSEE, as the case may be, shall not be deemed to be in default if it diligently performs and completes sueh work or covenant or condition in the manner required.by the terms of this Lease within the specified period of time as so extended. ARTICLE XIV Drainage It is contemplated that the existing drainage within the Premises will be retained as the drainage way for the Premises. Any construction or relocation shall be by LESSEE at LESSEE'S expense. ARTICLE XV Easements This lease is subject to all easements across the Premises that are of record. ARTICLE XVI General Clauses A. All references to the parties to this Lease and all covenants, conditions and agreements of this Lease shall apply to and be binding upon the CITY and LESSEE and their respective heirs, executors, administrators, legal representatives, successors and assigns (when assignment is made in accord with the provisions hereof) as if they were in each case fully named and stated. In this Lease both the CITY and LESSEE are referred to in the singular and neuter gender. However, such words and all other terms and words used in this Lease regardless of the number and gender in which they are used, shall be deemed and construed to include any other number (singular or plural) and LCA-8 0 • N any other gender, masculine, feminine or neuter, as the sense of the writing herein may require, the some as if such words had been fully and properly written in the required number and gender. 6. All notices to the CITY shall be sent by certified or registered mail addressed to the City Manager, City of Kenai, 210 Fidalgo, Kenai, Alaska 99611, or at such other address as the CITY may in writing from time to time designate by written notice to the LESSEE. All notices to LESSEE shall be sent by certified or registered mail addressed to LESSEE at or at such other address as LESSEE may from time to time designate by written notice to the CITY. C. This Lease is made under the applicable laws of the STate of Alaska and if any term, clause, provision, part or portion of this Lease shall be adjudged invalid or illegal for any reason the validity of any other part or portion of this Lease shall not be affected thereby and invalid or illegal term, clause, provision, part or portion shall be deleted and ignored as Lf the some had not been written. 0. This Lease may be altered, modified or amended only be written instruments signed by LESSEE and the CITY and approved by the City Council of the CITY. ARTICLE XVII Lease Option The CITY grants to LESSEE a right of first refusal to lease, upon the some terms and conditions as set forth herein, the property described in Exhibit 9 (Sand Pit area) at a rental per square foot equal to the per square foot rental then being paid for the property described in Exhibit A to be used by the LESSEE only in a manner consistent with the purposes of this agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be signed and sealed the day and year first above written. CITY OF KENAIs LESSEES William B. Brighton City Manager TIM Room Gn AttON?4V MY OF KEMM r o sox too NOW A"A Wet 1 Mrs" LCA-9 EXHIBIT "A" M i aorHa n"mixn n i C L1 TI k�Ra �. Foy .� •�+ March 26, 1985 ((//LLOW sr. E�crENs► FOR umuthau, Mrattm of `.�:!7-YS ...Co,vs�. Ao���✓, --�1 /,vaPe� KeithKOrnelis ©� �• Mw At T/ON Director, Public Works e iW .ra wow —...p tar Oft svevey.4A/e City of Kenai of i Hox 580 Cooneu out C390 Oyes e-- Kenai, Alaska 99669 Subjects KMi Municipal Airport, Main Apron M tension and Willow Street Extension Sever, Wat:ertmain and Drainage, 1985 Proposal for Mnstructicn Adainistraticn and Project surveying Keiths We appreciate the opportunity to submit this proposal to wide complete Conststhction Administration services for the referenced project. We propose to provide all inspection, coordination, quantity computations, testing, field engineedng and surveying on a time and expense basis, to complete this project. Northern Test Lab will provide all testing services and Henning Johnson will provide a Portion of the project surveying survey work that requires a level or transit instrument will be paid at the current State of Alaska Title 36 pay sates. Other related work such as locating drainage appurtenances that are typically accomplished using a hand level or cloth tape, will be paid at our normal charge out rate of 007/hr for a two man crew or at 040/hr if the task can be handled by the project inspector. We anticipate that water and sewer service locations, approaches, and infiltration structures will be staked by the inspector. Because of the large quantities of ewavaticn involved in this project we anticipate that the Contractor will operate do ible shifts during the time that the runway is closed for haulm% As a result, we have included 2 inspectors each working 12 hours per day during this period We have also included costs for Project Engineering involving interpretation of the Oonstruction Documents and other items requiring additional technical knowledge. We have attempte6 to keep Engineer time to a minimum by providing an experienced field engineering technician who will be able to handle most day to day construction related issues. We anticipate a site visit at least twice per week by the Project Fingi.reer resulting in approximately 12 hours per week during construction, the estimated fee is based on a project length not to exceed 200 calendar days, 41 The project inspector will be Steve Godes, an experienced design and field engineering technician who is knowledgeable in overall construction including water, sewer, and road projects. Because over 60% of the project deals with excavation or embankment work, his extensive experience in soils will be invaluable also, because of the pozent Z*Or variation in 3ype III material from the borrow source, experience and judgement regarding suitability of soils is a necessity for this project. We would like to point out that our present hourly charge out rate for inspection is lower than it was two years ago. host other rates have not increased the inspection portion of our proposal makes up over 50% of the total project management cost and therefore the rate has a favorable impact on the total Construction Administration cost. We also anticipate providing a suitable mobile field office to be used by the project inspector. it is our opinion that the best interests of the CLtr1 are served when the Design Engineer also performs the Construction Administration on a given ive project. Obis avoids problems of determining responsibility in design and inspection and simplifies interpretation of the intent of the Drawings and project Manual. $146,3a1 for the work. - - -- Cur construction cost estimate is attached, This reflects our estimate Of the value of the project. However, it appears the bidding climate may be very favorable and could result in lower bids. Attached is our estimated project Pee Summary. We are available to negotiate this proposal with you in detail. Sincerely, Mike Tauriainen Mr/dy4a Attac netts i 'Opetrai r '4 '00^9.v AWo,W 49lJAvOA4 TO : 1OWO eo W eo "7-AV 4--7 - To MI,e a 7' 0 &OC iA/ 4eeA1 F0,2 7*11e Co vSTfcv cT/o APW,*N/O 7WOP /o N /NO,4We vA..f, 71'"P-z"6, -4-V410 _*jie dG Y/.!/6 O 4/ THE A 4CA/AZ' Ai4,00 e r ANo WIA,,c o K+ ST EX TEN Si a �/ p/e0 TES 7 ape R Nor- Tb- ExcEc'v iq�rov,vT of 2 Ar R/AT6S siYo uw.v /A/ THY--/,Q a r• 3 �- iiMAlitiii M SCHO Ri - t pcalt ns�ry p �r Bodet Alternate 1 AltenNa s 2 Engineer I @ $67 4- •• r , 8 $536 1i B. 4 B02 s �0134 Engineer ii @ 057 <- 32 1024 4 228 4 228 Secretary @ 028 8 224 2 56 2 56 Inspector @ $40 32 1280 4 160 4 260 03864 OS78 0578 Rdl Time Inspector 0 040 1080 043200 60 02400 60 02400 -. Pull Time Inspector @ 050 0n S70 28500 20 1000 20 1000 Project Engineer @ 057 300 27200 24 1368 24 2368 Secretary @ 028 40 1120 - - - - 2nd Crew Inspector @ 035 160 5600 20 700 20 700 - 2nd Crew Inspector @ 044 on 80 3520 4 176 4 176 ` Locate drainage 14ppurtenance8 @ 007 40 3480 8 696 8 696 j 0202520 06340 M40 Stake Sewer @ 0105 24 02520 6 000 6 0 630 J Stake Water @ 0105 16 1680 6 630 6 630 Blue Top Street @ 0105 44 4620 6 630 6 630 ' X Sec. Borrow Pit @ 0105 20 2100 - - Slope Stake/X Sea Streets @ 0210 20 2200 4 440 4 440 Stake/X Sea Apron @ 0130 36 4680 8 1040 8 1040 ` E tabblish ODntrol @ 0105 14 1470 3 325 3 315 �. 019270 03685 0 3685 Proctors @ 0265 3 $ 795 1 6 265 - - :._ Wash Gradations @ 060 12 720 3 ISO 3 ISO Hydrometer @ $130 2 260 - - - - _ 'tDenaity Test @ $45 23 1035 4 180 4 180 *2nd Density Test @ 035 23 805 4 140 4 140 Concrete Control Test @ 0 60 2 120 ODncaete Cylinders @ 0 22 6 132 - -- Asphalt Extractions @ 0 140 8 1120 1 140 1 140 - - $ 4987 $ 905 S 640 *Nuclear Densweter may be on a daily rental basis whichever is ' more cost effective. 9! D*reer I @ $67 Engineer II @ $57 inspector @ $40 Computer Tech. @ 042 Draftsman I @ 035 Secretary @ 028 Flan sets 10 each @ 025 Mobile Field office 200 Days @ 010 Wmputer 20 hours @ $6 Preliminaty Phase 03864 Engineering 102520 Testing 4967 Qompletic n 6400 Associated Costs 2370 Sub -Total 120141 Surveying 29270 Contingency, 5% 6970 .� TOTAL 29TINAM FEE 0146381 i 4 $ 268 - $ - - $ - 24 1368 4 228 4 228 ` 40 1600 12 480 12 480 32 1344 8 335 $ 325 40 1400 4 140 4 240 15 420 - - - - $ 6400 $1183 $ U83 250 ' 2000 ` 120 2370 - VAMM 1 AURM D Z $578 $578 ' 6340 6340,, 905 640 z, 2183 2283 9006 i 8741 ' i 3665 3685 635 621 $13326 013047 BOX 937 80 0 NA ALASK 99669 t(90j) 262-462 17) Lab Materials and Quality Control Testing FEE SaIEDULE Effective January 1, 1034 Z= 2212KOM omit prim awl Gradation + #4 ASTM C136 Gradation - #4 ASTM C117 $50.00 65.00 Moisture Content ASTM C566 Specific Gravity CA ASTM C127 12.00 50.00 Specific Gravity FA ASTM M28 Hydrometer Analysis ASTM D422 70.00 Moisture -Density Relations of 130.00 Soils (proctor) AMN D1557 Density of Soil in Place/Nuclear 265.00 Providence/Balloon Density 45.00 50.00 Atterbevg Limits ASTM D424 Liquid Limit Only 75.00 ASTM D423 r Classification of Soils ASTM D2487 60.00 12.00 -i Percent Fractured Particles (04) Alaska T4 35.00 amuft FieldnUMtrol Tests (Slump. Air, Cast 3 Cylinders) ASTM C31 60.00 Cast Extra Cylinder ASPM C31 15.00 Extra Slump Test ASTM C143 Extra Air Content 15.00 1 C=pressive Strength of Cylinder ASTM C�39 20.00 22.00 Unit Weight ASTM C138 Coring 17.00 Swiss Hammer On Request On Request AM*AU MMUM Extraction and Gradation ASTM D2172 Coring & Density 140.00 On Request Additional tests are available on request. - Mobilization cost per trip is $30. - Minian charge per field trip is $45. - Standby time in excess of 15 minutes between tests may be charged according to Personnel Fee Schedule. - Field tests farther than 15 miles from the Lab will be cbarged mileage and travel time according to Personnel Fee Schedule. - Testing required during overtime hours at the Client's request will be billed at 1.25 times the normal rate. l i M VOL A^,, 9 �� i .. 10. •eC nainen PEISCMQ. FEE SCHEDULE Effective January 1, 1983 EDafces30oal - Principal Engineer 878/hr. Engineer I 67/hr. Engineer II 57/hr. Engineer III 50/hr. Engineer IV 45/hr, Technician I 50/hr. Technician II 42/hr. ' Technician III 35/hr. ; Technician IV 27/hr. Draftsman I 35/hr. Draftsman II 27/hr, Secretary I 28/hr. Secretary II 22/hr. Computer 8/hr. Travel in company vehicles at $ AS/mile Field vehicle daily rate $35/day plus 8 .25/mile Job incurred expenses will be billed at 1.1 times the actual expenses and include but are not limited tot reproduction subsistence commercial transportation toll calls materials Unless previous arrangements have been made, all statement amount. - are due and payable within 30 days. Outstanding accounts after 30 days from the date of original billing will be charged interest at the rate of 1 1/2% per month and will be retroactive to the date of the original billing. i G W_ 9.11 U • /f KENAI PENINSULA BOROUGH BOX 690 • SOLDOTNA. ALASKA 99889 PHONE 262.4441 STAN THOMPSON MAYOR April 9, 1985 Mr. Bill Brighton, City Manager City of Kenai 210 Fidalgo Street Kenai, AK 99611 Res Initiative proposal for areawide Borough powers concerning grants for senior citizens programs. Dear Bills This letter is to set out some of the matters that we discussed on April 8, 1985, regarding the initiative for an additional Borough power. The initiative was prepared by my office so that we would not conflict with existing city powers. The initiative only seeks to acquire the power to have the Borough provide grants for senior citizens operations and pro- grams. It does not seek to assume the power to have the Borough directly operate any programs. The reason is that if such powers are approved, we do not wish to infringe upon any of the cities' powers to operate or provide for senior citizens programs. The cities would continue to be able to provide for operations of those programs in their budget. :he Borough powers would be limited to providing supple- mental grants for those senior citizens programs either in or out of cities. In this sense, the Borough would be in a similar position to the State with regard to a senior citizens' program or center. The operator could seek a grant from the Assembly. The proposition before the voters would be an areawide power so that funds could be collected and distributed in areas including those within the cities. This initiative would seek to replace what the Borough has been doing with a portion of its Federal revenue sharing funds. As those funds decrease, there is no corresponding power for the Borough to provide alternative funding. This was the goal that the senior citizens sought to have addressed in this initiative. Bill Brighton April 9, 1985 Page 2 Since other cities may have similar questions, I am forward- ing copies of this letter and the proposed initiative to them so that they will be aware of the matter should the proponents of the initiative move forward. Sincerely, Thomas R. Boedeker " Borough Attorney TRB:bl cc: Dolly Farnsworth, Mayor, City of Soldotna Phil Shealy, City Manager, City of Homer Carl Hills, City Manager, City of Seldovia Vicke Pugil, Mayor, Kachemak City Ron Garzini, City Manager, City of Seward Marilyn Dimmick, Assembly President Attachment I INITIATIVE PETITION WE, THE UNDERSIGNED QUALIFIED REGISTERED VOTERS LIVING WITHIN THE BLLOW DESCRIBED AREA, DO HEREBY PETITION TH:: ASSEMBLY OF THE KENAI PENINSULA BOROUGH TO ADOPT A RESOLUTION PROVIDING AS FOLLOWSs KENAI PENINSULA BOROUGH RESOLUTION 85- PROVIDING FOR A BALLOT PROPOSITION TO ACQUIRE THE AREAWIDE POWER TO PROVIDE FUNDING FOR SENIOR CITIZEN PROGRAMS WITHIN THE KENAI PENINSULA BOROUGH. WHEREAS, the Borough does not currently have authority to expend tax revenues for senior citizen programs: and f WHEREAS, the acquisition of such additional authority • requires approval of the voters of the Borough. = NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGHS " Section 1. There shall be placed on the ballot at the next regular elect' on the following propositions PROPOSITIONS SHALL THE KENAI PENINSULA BOROUGH HAVE THE AREAWIDE POWER TO PROVIDE FOR GRANT FUNDING FOR OPERATIONS AND PROGRAMS OF SENIOR CITIZENS ORGANIZATIONS LOCATED WITHIN THE BOROUGH? Section 2. Upon approval by the voters, the Assembly may adopt or enact measures to implement this authority. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON { THIS DAY OF , 2985. Assemo y President f ATTEST: f i Borough Clerk Thia petition was first circulated on , 1985, and all signatures must be secured within 50 days from the date of first circulation. `a 1;7 ( KENAI PENINSULA BOROUGH +7�i ' •� BOX 850 • SOLOOTNA. ALASKA 99669 PHONE 262.4441 April 9, 1985 G-U STAN THOMPSON MAYOR Mr. Bill Brighton, City Manager City of Kenai _.. 210 Fidalgo Street Kenai, AK 99611 Res Initiative proposal for areawide Borough powers concerning grants for senior citizens programs. Dear Bills This letter is to set out some of the matters that we discussed on April 8, 1985, regarding the initiative for an additional Borough power. The initiative was prepared by my office so that we would not conflict with existing city powers. The initiative only seeks to acquire the power to have the Borough provide grants for senior citizens operations and pro- grams. It does not seek to assume the power to have the Borough directly operate any programs. The reason is that if such powers are approved, we do not wish to infringe upon any of the cities' powers to operate or provide for senior citizens programs. The cities would continue to be able to provide for operations of those programs in their budget. The Borough powers would be limited to providing supple- mental grants for those senior citizens programs either in or out of cities. In this sense, the Borough would be in a similar position to the State with regard to a senior citizens' program or center. The operator could seek a grant from the Assembly. The proposition before the voters would be an areawide power so that funds could be collected and distributed in areas including those within the cities. This initiative would seek to replace what the Borough has been doing with a portion of its Federal revenue sharing funds. As those funds decrease, there is no corresponding power for the Borough to provide alternative funding. This was the goal that the senior citizens sought to have addressed in this initiative. J i Bill Brighton April 9, 1985 Page 2 t Sinco other cities may have similar � y questions, I am forward- � ing copies of this letter and the proposed initiative to them so that they will bo aware of the matter should the proponents of the initiative move forward. Sincerely, Thomas R. Boedeker Borough Attorney 1 TRBzbl ccs Dolly Farnsworth, Mayor, City of Soldotna Phil Shealy, City Manager, City of Homer Carl Hille, City Manager, City of Seldovia Vicke Pugil, Mayor, Kachemak City Ron Garzini, City Manager, City of Seward Marilyn Dimmick, Assembly President , Attachment N INITIATIVE PETITION WE, THE UNDERSIGNED QUALIFIED REGISTERED VOTERS LIVING WITHIN THE BELOW DESCRIBED AREA, DO HEREBY PETITION TH: ASSEMBLY OF THE KENAI PENINSULA BOROUGH TO ADOPT A RESOLUTION PROVIDING AS FOLLOWSs KENAI PENINSULA BOROUGH RESOLUTION 85- PROVIDING FOR A BALLOT PROPOSITION TO ACQUIRE THE AREAWIDE POWER TO PROVIDE FUNDING FOR SENIOR CITIZEN PROGRAMS WITHIN THE KENAI PENINSULA BOROUGH. WHEREAS, the Borough does not currently have authority to expend tax revenues for senior citizen programs: and WHEREAS, the acquisition of such additional authority requires approval of the voters of the Borough. NOW, THEREFORE, BE IT RESOLVED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGHt Section 1. There shall be placed on the ballot at the next regular electron the following proposition: PP.OPOS ITION s SHALL THE KENAI PENINSULA BOROUGH HAVE THE AREAWIDE POWER TO PROVIDE FOR GRANT FUNDING FOR OPERATIONS AND PROGRAMS OF SENIOR CITIZENS ORGANIZATIONS LOCATED WITHIN THE BOROUGH? Section 2. Upon approval by the voters, the Assembly may adopt or enact measures to implement this authority. ADOPTED BY THE ASSEMBLY OF THE KENAI PENINSULA BOROUGH ON THIS DAY OF , 1985. Assembly President ATTEST: Borough Clerk This petition was first circulated on , 1985, and all signatures must be secured within 90 days from the date of first circulation. 4 I - a CITY OF KE:3s4; lod Cap" 4 4"" 210 ROALOO KENAI, ALASKA M11 TELEPHONE 463.763E April 110 1985 TO: Keith Kornelis, Director of Public Works FROM: Jack Le Shot, City Engineer RE: Extend South Ames Road At the time we asked for Request for Proposals to engineer South Ames Road, I stopped the proposed design short of the end of the existing street due to lack of dedicated right-of-way. A group of five property owners represented by Tanny Miller has since requested that the remainder (approximately 800-8501) of South Ames be included in the project on the condition that they dedicate the needed right-of-way as shown. This section of street has been maintained by the City in the past. I would recommend asking Council to add this to the project subject to the following: 1. The signatures of all adjacent property owners be obtained. 2. The proposed street dedication width be 60 feet (or as shown with additional utility easement) and the cul-de-sac radius be 50 feet. 3. The property owners coordinate and pay all costs associated with the dedication. JL/jet 0 1 /r Win .. 09 April 1985 ' City Of Kenai Dear Sirs: South Ames Road, off of Beaver Loop, has been in constant ,. use and city maintained since 1968, therefore, we the property owners of what is commonly known as South Ames Road, would like to propose an extension from Section line SO 031W to the David McKechnie property for public use and the use of public utilities. The extension would include what has been a private road, except for the existing road right-of-way of South Ames Road in Caro Subdivision between lots 1 & 2, which has already been dedicated for public use. We would like to propose that the road follow basically the existing road. To ease in maintenace and maximum use, the road would curve past the Caro subdivision right-of-way to the back 25" of the existing Miller property line to end- in a 30' radius cul-de-sac on the corner of the D. McKechnie and Poster properties , in perpetuity. i According to Assessor's Map 049-490, the following property j owners are adjacent to South Ames Road. i - x, H. N. Miller C. Green Parcel #049-490-1100 Parcel #049-490-1000 C. Amberian D. McKechnie Parcel #049-490-0900 Parcel #049-490-1200 Subscribed and sworn to before me this day of 19 Foster S Associates Notary Public in and for the State of Parcel is 049-490-o800,1300,1400 Alaska. May commission expires Project Priority No. 6� Capital Costs $350,000 J1LIUSSEN, BASINVIEM, ANES, BARABARA, ANTLER DRIVE Ll �hk IL A2 • � v �Fti4i Existino Conditions All streets NO geswl euefaced, residential roads in fair to poor Condition. Nast have dEdWage problem. j Preooaed Phvsicsl ImeroveasK s Provide new, wider gravel surfaces with drainage system. Status s The Cityhas appropeiated design funds and is presently to the design phase of this pr �. Next Step Price to Constructions Complete the design and receive State Construction funds. 06 J I i I S 99° 50, 30" E — 1,120, t/— Gr�aENre r tBML�'9 N 01 � LOT 2 0.0ptt�OrV� Ay CARO 8U60. y 972 -49 N 38055' W 38.74 •,� W N 360 55' W 20.26 z ' // 1970 1 ® TRACT 1 ti �<book 56, p. 245j••wwro. W N T $99.09 P.O.B. 307.63 2 1 N 89° Se W 906.72 W,C.M.C. It 12 located within Government Lot 5, Sec. 2, Township 5 north, Range 11 West, Seward Meridian, City o- !ino more narticulariv described as follows: nue 3 89 58' W, along said section line for 599.09 feet to the Southwest corner of Government Let -umber Two; along the West :ine of Government Lot 5 for 1320 feet, more or less, to the northwest i zvernment Lot 5 and corner :umber Three; 58' 3J" along the tlortn line of Government Lot 5 for 1320 feet, more or less, to the :tort east ;verrment lot 5 ana corner slumber Four; :i, along the East line of Government Lot 5 for 319.7 feet, more or less, to corner 111smber Fiv_•: ` 35, W; along the centerline of an existing road for 311.7 feet, more or less, to the Easterly iin. ;tvision (Plat 72-49. Kenai Recordinn Listrict) and corner number Six: ! F Alaska Wilarlmeol of Revenue Osmes of Chonce and Contests of Skill 6678,9 Calendar Y� Pubilotiemlcesnivislon Q3 8j r .Yo Pawn" uuskaesstl4soe PERMIT APPLICATIO ''�9 8 ., gg FEES: $20.00 due with sppllcatlom 1% of entire not proceeds due with a1tF,InanoUrt�6itomont, Ples" Mad the fnstructionsmore completing this applio �n'Opcle- �; ; gl 1. Name of Ornanhtetlon 14A. NEW APPUCATIO j_ A ycr•rv%;'r%nr v rr[7y-- usai _-j wumoerur�eerevrganr�ow y���L �� ��� Has Been in Exietenoe in u Meiling Address ,Sox 44090 The following must be submitted with this application: (Z Current Alaska membership list (must have at least City, State, Zip Code d1 m LAS K / a membersy, ❑ Certified true copy of articles Of incorporation or, If not incorporated, copy of bylaws and national and state lypa of Organization. (Check the appropriate box. Refer to A8 0515.210 and 15 AAC 105.010-.100 fordefinitions.) O Municipality ❑ or Department charters. ElCopy of IRS Certificate of to exemption Issued to non- apolice ndComFire O Civic or Service profit organizations, If applicable. ❑ Religious ❑ Dog Mushere' Association Name and Mailing Address of National Organization Of applicable) ❑ Charitable ut political $MW OF AG49&A O Fraternal O Non-profit Trade vo rzox attyl $rmA lloAt wsr Association• ❑ Educational ❑ Fishing Derby Association 48, RENEWALAPPLICATION O Veterans ❑ OuttwardMotor O Labor Association Mont Recent Year Pbnnit Number. Issued The following must be submitted with this applicaflon: Organized or. (Check the appropriate box.) O Corporation O Association ❑ Partnership O Current Alaska membership list (must have at least O Finn O Company 25memberek ❑ Copy of amendments to bylaws, if any. . Local Officers (must be current, bona fide members In good standing) NAME TITLE OAYTIME PHONE NUMBER .TUDI T11 BAC 92 a t�,4-a2m �iL) pl f►3 3 " 77�0� mike Rucs (11WdMIA vrlA,0 ato2- 67vg0 av zAye 19 aplapvpm 7;tlewsy" .283- jimS i, lWm of Games to be Conducted. Ust types of games by common name if other than those listed. See A80515.180, A80515.210; 15AAC 105110-.150 I& a. Bingo (NOTE: Bingo b. Ralflee & Lotteries ❑ e. Dog MusheW Contests ❑ h. Rain Clsssice gamesmust not beheld more Man 9 occasions ®► 0. Pull -tabs O f. Fish Derbies ❑ t. Other (Please list) In a calendar month with no more Man 35 O d. Ice Classics 09► g. Contests of Skill games per ""Ion or seriesof games.) THE SPACE BELOW IS RESERVED FOR DEPARTMENT OF REVENUE USE ONLY. Permit Number. Date of Issue: Financial Statement: ❑ Yes O No NOTICE: GAMING ACTIVITIES MAY NOf BE CONDUCTED UNTIL THE PERMIT IS ISSUEM o�anrtw onto - -- - - - I- ---- DEDICATION OF NET PROCEEDS f AA The entire proceeds of the gam4q��shall be devilled to and disbursed In aCcordanCe with iS AAC 105,2W Use of Dedldated Net PrOOeede. (a) The dedicated net proceeds given to a qualified organization may not be used to pay any person for services rdridered In connect tion with the activities from which the funds were derived. Detailed records of all disbursements must be kept for later audit review. These must be kept with the other accounting records for a period of three yea% (b) Disbursements for the promotion of the welfare and well-being of the membership means that a member may receive assistance In the form of various charitable donations, which have been approved by the organizations board of directors. Charitable projects which an organization may sponsor include education grants, training assistance or job counseling, food baskets, medical or health-care assistance, Charitable functions and dinners for the community, etc. The qualifications 10 re401ve the Charitable donatlOn0 must include a requirement that all members of the organization within the Com- munity may quality and receive the assistance These payments may not be devoted to organizational parties, dinners or bonelit0, picnics, or social functions limited to members and their families. (0) Pormlttees may not erect, buy or lease buildings or land for their organization with the net proceeds unless these buildings are: (1) used excluelvely for educational, civic, public, or religious puh pOOes (such as hospitals, churches, schools, government buildings, or community centers); or (2) turned over to an appropriate nonprofit Organization which quoit les as a tax-exempt organization under the Internal Revenue code, Section 601(C)(3), or to a local, state or federal government. 7. In the space below, etate the specific ppuurp�oses for which the entire net proceeds are to be devoted and In what manner. TO 6A�L� 6+L�1flV0A4r ice. ,ram �oqW& Dr$7-c5- �DbxJSsv 0A rdSTi%vy %,!i(�t 17aFif'�e i� STD" CD t1 tr,J Tzo� Td % 6` � ' ©v � i4� / rxJe�zrp mv OF 19 se, 01 OM W CoUt AM DATE CR1r I Parson In Charge of games (Must be a bona fide and active member of pennittee organization) NOTE: The member In charge shall be present during the conduct of each of the specified aotwitleo stated on the permit. An alternate maybe designated to conduct the authorized activities during the absence of the member In charge. NAME MAILING ADDRESS DAYTIME PHONE NUMBER (Primary) 00, Has either person listed In 9A above ever been convicted of a felony or gambling misdemearier? (5 Yes 04 No 9C. Will either person listed in 9A above receive compensation of any kind from the receipts of the O Yes (g No gaming activities? 10. SlanatureafTwoOffiemattanuired We certify under penalty of perjury that to the best of our knowledge and belief all the information on this application, including any attachments, Is true, Correct and Complete We understand that any false statement made on this application is punishable by law. We further certify that we we delivered two copies Of this application to live nearest City or borough office for review. NOTICE: ANY FALSE STATEMENT MADE ON THIS APPLICATION 18 PUNISHABLE BY LAW, osewem40sn G•N CITY OF KE, * Del &p" aG 4"„ Z10 RD"O KEMM, XMJ% M11 TSMIIOI49283.7533 MEMORANDUM TOs Mavor Maooner and Kenai Citv Council FROM . 'ff Labahn. Land Manager . SUBJECTs� Ordinance 1037-85s Landscapino Standards DATEs April 12. 1985 The Kenai Advisory Planning b Zoning Commission has recommended the �- attached "Landscaping Ordinance" for Council review and soproval. The Commission conducted three public hearings (March 13th, 27th, and April loth) regarding the proposed ordinance. Numerous meeting discussions and worksessions preceded the formal hearings which contributed to the refinement of the ordinance. The "Landscaping Ordinance" applies to all new commercial development within the City of Kenai requiring a building permit. Issuance of a building permit is contingent upon the submission, review, and approval of the required landscaping plan by the Landscaping Review Board. The ordinance establishes that a minimum of 50 of the lot area be devoted to landscaping purposes. Actual location and type of landscaping materials to be utilized is subject to discussion between the developer and the Landscaping Review Board. The completion of all required landscaping shall be accomplished as a condition of issuance of a Certificate of Occupancy. However, the developer may elect to submit a cash escrow or post a performance bond in the amount of 2e of the permitted construction value if the landscaping to not completed in order to obtain the Certificate of Occupancy. provided such landscaping is accomplished within 9 months. JBL s )I i Suagested bvs Planning & Zoning Commission CITY OF KENAI ORDINANCE NO. 1037-85 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI. ALASKA, ESTABLISHING KENAI MUNICIPAL CODE CHAPTER 14.25 ENTITLED LANDSCAPING REGULATIONS. WHEREAS* there is currently no requirements for the retention of vegetation or landscaping of commercial properties in the City of Kenai. and WHEREAS# such vegetation or landscaping serves to visually enhance the City's appearance, maintain or increase property values, and reduce erosion and storm runoff, and WHEREAS, the Kenai Advisory Planning & Zoning Commission has pursued the development of certain landscaping regulations which meet this stated purpose, and WHEREAS, the Commission, upon numerous meeting discussions, worksessions, and public hearings conducted on March 13th. 27th, and April 10. 1985 has recommended the adoption of the proposed landscaping regulations, and WHEREAS, the Council finds that enactment of these landscaping regulations will result in the enhancement of the City's commercial area without adversely impacting business growth and development. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that Kenai Municipal Code Chapter 14.25 entitled Landscaping Regulations is hereby enacted as follows: Chapter 14.25 LANDSCAPING REGULATIONS 14.25.010 Intents It is the intent of this section to provide for landscaping and/or the retention of natural vegetation in conjunction with commercial development within the City of Kenai. The general purpose of landscaping is to visually enhance the city's appearance. maintain or increase property values. and reduce erosion and storm runoff. L.- - -- - -- ---- - --.- - . --.- - -- - -- -- -.-. - IL ^ �l 14.25.020 Applications This section shall apply to all commercial development within the City of Kenai. "Commercial development" shall be defined as any improvements requiring a building permit for new construction located on properties within the Central Commercial (CC) and General Commercial (CG) zoning districts. 14.25.030 Landscaping Plan - Submittal Requirements: Three (3) copies of the landscaping plan shall be submitted to the Building Official in conjunction with a request for building permit in compliance with this section. The landscaping plan shall be prepared at a minimum scale of 1" s 20': and shall include the following informations (a) Common and scientific name of the planting materials to be used in the project (b) Typical planting details (c) Location of all planting areas and relationship to buildings. parking areas, and driveways (d) Identification and location of existing vegetation to be retained (a) Identification and location of non -living landscaping materials to be used (f) Identification of on -site snow storage areas (g) Drainage patterns 14.25.040 Landscaping Plan - Performance Criteria: (a) Objectives An effective landscaping plan should utilize a variety of techniques for achieving the intent of this ordinance. The appropriate placement or retention of vegetation in sufficient amount will provide the best results. Perimeter, interior. and parking lot landscaping should be included as components of the overall landscaping plan. (b) Perimeter Landscaping Perimeter landscaping involves the land areas adjacent to lot lines within the property boundarv. This buffer landscaping serves to separate and minimize the impact between adjacent land uses. Buffer landscaping is desirable along the perimeter of the property to shield vehicular or building lights from adjacent structures and to provide a visual separation between pedestrians and vehicles. (c) Interior Landscaping Interior landscaping involves those areas of the property exclusive of the perimeter and parking lot areas. Interior landscaping is desirable to separate uses or activities within the overall development. Screening or visual enhancement landscaping is recommended to accent or complement buildings, to identify and nighlight entrances to the site, and to provide for attractive driveways and streets within the site. (d) Parking Lot Landscaping Parking lot landscaping involves the land areas adjacent to or within all parking lots and associated access drives. Parking lot landscaping serves to provide visual relief between vehicle parking areas and the remainder of the development. It also is desirable for the purpose of improving vehicular and pedestrian circulation patterns. (e) Overall Landscaping Requirements (/1 r Overall landscaped areas. including perimeter, interior, and parking lot $ben consist of not less than five percent (5e) of the total lot or development site area. 5 k 6 - 7ru 14.25.050 Landscaping Review Boards t (a) Membership, Qualifications, Terms. and Rules The Landscaping Review Board shall consist of not less than seven members who are residents of the City and who shall serve without pay. Members shall be appointed by the Havoc and confirmed by the Council. Members shall be appointed for a term of three ,years. excepting the initial members who shall be appointed for a one, two, or three year term. The Board shall elect a chairman, vice-chairman, and clerk. A majority of the membership shall constitute a quorum for the purpose of transacting business. Action by the Board shall be by majority vote. (b) Meetings and Proceedings The Board shall meet to review and take action on a landscaping plan within fourteen (14) days of satisfactory submittal to the Building Official. The Building Official shall be authorized to Issue a building permit only upon approval of the associated landscaping plan by the Board. Any appeal of the action of the Board shall be submitted in writing to the Kenai City Council. 14.25.060 Security Agreement All required landscaping as presented in the approved landscaping plan shall be installed prior to the issuance of the Certificate of Occupancy by the Building Official. The Building Official shall make the final Whi 14.25.050 - 14.25.070 inspection to verify the completion of the required landscaping. In the event, that the tindgenni.nn has not �c-en r_omnlnted ,non-9r7+r-�at for '-hn .'urt• i:Acara ur uccupancy# the, uevel.opor :nati iubmLt i casn escrow ur post a performance bond with the City of Kenai as a prerequisite to obtain said certificate. The required escrow or bond shall be submitted in an amount equal to two percent (2%) of the building permit value. The developer shall complete the required landscaping within nine (9) months of issuance of the Certificate of Occupancy. 14.25.070 Definition - Landscaping: "Landscaping" means the treatment of the ground surface with live planting materials, including but not limited to, trees* shrubs, grass, ground cover or other growing horticultural material, Other materials such as wood chips, stone, or decorative rock may also be utilized. A list of recommended landscaping materials shall be provided by the City of Kenai. _ PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this lot day - of May, 1985. TOM WAGONER, MAYOR ' ATTESTS n Janet Whelan, City Clerk I First Readings April 17, 1985 Second Readings May 1, 1985 Effective Dates June 1. 1985 AL f' y CITY OF KENAI %Od ea#W &V 4" MOMMUM IMMALAM SMI Ts"HOME&M-76M { MEMO Ta: Kenai City Council i FROM: Charles A. Brown, Finance Director e q Q DATE: April 10, 1985 SUBJECT: 1985/86 Annual Budget 1 KMC 7.25.010 (d) says that the City Council must adopt the budget no later than June 10. Unless you want to hold a special council ` meeting, this means you must act on the budget no later than the June 5, 1985 regular council meeting. �. The proposed budget will be included in your April 17, 1985 w council packet. In order to meet the adoption date of June 5, the budget ordinance muat be introduced on May 15. So, your r 1 budget worksession(s) probably should be completed by, say, May S. In fact, some ordinances, dealing with pay, benefits, etc., will have to be introduced May 1, in order to be effective by July 1. So, I'd say that you have, roughly, between April 17 and May 8 `3 to complete your budget worksession(s). I urge you to schedule a worksession as soon as possible. 13 �14 I 0 H-b L':3� V KENAI PLANNING 6 ZONING COMMISSION April 10. 1985 - 8%00 P.M. Kenai City Hall Lee Lewis. Chairman 1. ROLL CALL All Commissioners Present 2. APPROVAL OF AGENDA Agenda sooroved with no chanoes 3. PERSONS PRESENT SCHEDULED TO BE HEARD None 4. PUBLIC HEARINGS a. Resolution PZ85-18% Landscaping Ordinance This ordinance comes back with revisions suggested at the last public hearing. The revisions out in flexibility and retains an overall 5.00, coverage and changes the review board. Chairman Lewis opened the meeting to the oublic. Mr. Fred Braun came forward and stated that although he does not reside in Kenai. he does own property, specifically a business, and asked to have the perimeter reoutrements explained. Mr. Braun was satisfied with the answer and voiced no objection to the proposed ordinance. There being no further comments from the oublic. Chairman Lewis brought discussion back to the Commission. MOTION% Commissioner Carignan moved to adopt PZ85-18. seconded by Commissioner Smallev. Commissioner Smallev voiced concerns with the makeup of the review board. At the last meeting. Mayor Wagoner had discussed difficulties with finding and selecting members for Commissions and Committees. and asked that there be no less than 7 members. Jeff Labahn stated that it was written so that the Council would be allowed to set the number. Chairman Lewis noted that there were no members of the Beautification Committee indicated and felt that a member from that bodv would be even more soprooriate to serve on the review board than a Planning , PLANNING COMMISSION April 10. 1905 Page 2 Commissioner. Jeff Labahn stated that tt hnd s.ern discuaned. Commissioner Orveon also referred to Mavor Wagoners comments at the lest meeting and agreed. Kenai in too small a community to suggest specific fields of expertise from the general public. Chairman Lewis stated that it was his feeling that this wording did not limit the Council to these choices. MOTION AMENDMENTS ; Commissioner Bryson moved to amend paragraph E item 1, modifv 5 to 7, ; reference made to members and strike the sentence "one member should ! be a licensed professional architect. landscape architect. engineer. i or surveyors one member should be a licensed general building contractors one member City Councils one member of Kenai Advisory Plannino & Zoning Commissions and one member of the general public" seconded by Commissioner Osborne. Commissioner Carignan expressed concern for striking the entire sentence because the membership should have some expertise, Commissioner Smalley felt that a specific limitation with a community ' this small "we might not be able to come up with members with a group of volunteers that could meet this criteria. The intent would still be left." Jeff Labahn asked if Commissioner Bryson's intent was to firmly establish 7 members or to read "not less than 7 members". _ Commissioner Brvaon stated. "not less than 7 members". VOTE AMENDMENTS Motion passed unanimously. VOTE MAIN MOTIONS Motion passed unanimously, b. Resolution PZ85-22s Conditional Use Permit - PURD - Pines 5/0 - McClure Jeff Labahn explained for the audience, that this to be considered as a brand new application. Grant McClure came forward and detailed his proposal, outlining the differences between this oronosal And the one presented at the last meeting, There is no reserve for multiple units in the future, the community recreation is preserved. and the RV storage space is moved.Mr. McClure felt there is a need in the future for this type of housing, that the alternative, under the present zoning code. would be to build multi family units such as condos or apartments, As the first units are sold it to hoped that alternate access and e4ress points would be created and cited Central Heights as an example where it is more dense and has only one access. The hnusina units will he about .... . . . _ a PLANNING COMMISSION April 10. 1985 Psoe 3 the some size as those in the Area. the only difference heinn in the size of the lots, The Yards are to be maintained by orooerty owner agreements. There is a greenbelt added to buffer the residents of Northgate and the rear lots of the project. Chairman Lewis exolained the procedures and opened the meeting to the Public, John Williams. a resident. developer, and realtor came forward to state opposition to the project based on the lot sizes. Mr, Williams felt it was not the intent of the Planning Commiss:c:; at the time the PURD was implemented to allow a method wherebv substandard sized lots could be developed. We have long tried to keep awav from the idea of very small lots. we know that we have had developments here in the oast such as Central Heights that do have substandard lots and at the time the addition to Central Heights was developed. the Planning Commission insisted that all lots be at least 7200 so. ft. Now we have an areas regardless of what you call it. is squeezing in multiple numbers of lots that are going to be 5400 - 6.000 sq. ft. On the basis of that I am adamentiv opposed to it, The traffic pattern has been mentioned and we all know we have had problems with traffic coming in and out of Central Heights and here again we have a one wav traffic situation involving some 48 lots within a 10 acre and a yet to be developed 10 acre parcel to be added to that so I see nothing but more Problems. I agree that the original intent of the Northgate developers was for all of those lots to be of reputable size, It is truly sad that economics of the situation did not allow the original developer to do just that. Arlis Miskinis. resident of Northgate. stated that Alaskans moved here to get awav from crowded conditions, some moving from Anchorage for the same reasons. "I am against small lots and packinq us in like sardines. There to enough land available we would like You to look elsewhere to create this tvoe of development. We have no objections to developing that area with lots of 7200 on, ft. No. Miskinis is representative of Mr. A Mrs. Garnand and Mr. Langston also of Northgate who are also opposed to the development for the stated reasons. Yvonne Meek of Northgste states that nearly every residence in Northgate has children, most of whom attend Sears Elementarv. Reference was made by Mr. McClure to Walker Lane. that, it, is more dense and works with only one caress and access. please note that Walker Lane does not flow directly adfar_ent to an elementary school. There are traffic problems right now on Forest. Pine. Redoubt. and the Sour without including 48 more units or oossiblv 80 more cars. Mfg. Meek is in the process of selling her home and was told by a realtor that the planned development would eonsidPrabiv lower the value of her home. �L PLANNING COMM1551IN April 10, 19061 Penn 4 Walt Kerber of 1513 Ptno 0ddre00e01 the drainarle Problrrmo iri NorthgatO and that therm were no vinihle srlano to alleviate the Problem. Mr. McClure'o otntoment nnly indicated that he honed thrt Problem would he taken care of at, the time of development, No mention has hens made to takino care of the oonw, again Nearthgsrte hao alot of Problem with onow removal. Agoin the traffic problem to had now, what will 40 unito do to uo. There sire r?hi"ldrnn all over Northante and Woodland from the elementary ochool, Why do we havo to cronto another Walker Lane, Jeri Knerbor of 1911 Pine Rion rrddreoaed the drainarie problem indicating that the water table to orlch in the area that, there to sr large pool behind the ochool. An for the recreation area. there in a fine plevsjround at 'fears+, Colleen O'Donnall. 1505 Pine and rooreoentative for Mr, h Mro, Dovio of 1503 Pine, objecto to the zero lot line eancept and the crowding of ©mall Iota, Mo, ©'Donnell aloe voiced concern over the traffic, stating that maybe 5 vearo down the line it may got better if another access to found* but in the mean time, it would cronte hazardnoo , conditions, "Plenoe do net, repeat the miotakst of Central lleighto and Walker Lane", !� Chris Swan of Northgate ototed that oho came from Valdez where thin type of development weft done and ototed that, ohn woo oure when the f developers out thin in the intont woo the oamo oa Mr, McClurno' however the result, wasp a commesnity that quickly got out of hand, Mro, p Swan and her huoband moved to Kenai, from Valdez to not owav from loot thin type of crowding, In theory, " pride of ownerohite" should work but does not in a oottinry that in crowded, Rich Landeoche of Northgate to oppnoed to anv tvnfe of Crowding development for Kenai. There to enough land available that it in unnes;eeserv, _ Lorraine Oroatti. of Northgate cited the number of homeo and apartments that are otanding empty indicatina that there in no need for either ` the small lot, development or that there to a market, for 40 morn rsnito, Chairman Lewis entered a letter from ilivian I)ve rnr the record, Mrsa, Ove voiced novanition to the orofect, Jeff Labohn pointed out that the Silver Pines rrrofeeto devlateo from the otandard zontrin ordinanen bvs omalinr than minirmsm sized Into, tinder the zero lot line roneept, rrlimieatieg one of the oide vardo or building rsp to the lot line erGateo a problem with the eviottng codes a narrower lot than io required by the ordinance, all ire sr traditional development.. and Isrut,, the development to ssunneotien if oomewhat greater danrsity than what woerld normally he al lrewnd for nrngie family I'VANNINII (MMMt(i ►1fiN April 10, 1905 Pan" h dnvoinoment, Cnunr,ilmno Wirsn sinknd if tho vnmmon arenrs, orennbelto, and rnr renter viRre govorned by the linrizootal Regimen Art and are not actualiv rnnt►tran is hmmnnwnnrn angnr:iation to be rnnponethle for them and the propo9al to he OPProvod by thin Cnmmionien, Answer from Mr. I,nbahn. yea. 140TIONI CcmmiNinner fWallm moved to appr4vR PZQS-ZH. onrnnded by Commigoioner Carignon, l;emmiggioner gmolley naked Mr. Mrf;lurn if the greenbelts were to he elearrut„ nnawisr no, Commioninnnr Smalley otaterl that nne of the rMutremenig ig that drainane he ghnwn and it is► a problem and if you rRm®ve a nuh(tantiol amount of treen for development you are Gauging further drainage urrb),emti. how W drninflgo to be handled, Anower from Mr, MrClure, MOM io no plan, having diocuo9ed with Mr. Labohn that a ®Ian probably wnuldn't fin needed until the plan wee approved. Commiooionor Smalley mated that it wens his underotanding that the intent of the POND was not to suggest oubotandard Into which ie Soothing thin body has worked herd to otay ©way from rooulting in the 7200 go ft minimum figures the egrnnn and arrears in that area to a Problem rauninn a eonoideroble amount of rangestinn and again, future development, perhaps mov provide another ar'eesn, hnwRver, at thin paint it time it t,'an only cause Potentially hozardoun nroblemo, it is net in harmony with the nYiotine development, no for as lot gizen, Pommisgioner Oryonn ototod for the reenrd that he will he abotaininq frnm vgting due tR ftrrangtal rnnaideration with his firm, t'fsmm1000ner !imall"v a under eeet,inft 14.21.7t1 larll�. rienir}natso thf; no a medium denntty area, with the omaller lot gizgQ and number of dwHllinfits, to that an indication of a hitch denoity area? Jeff Labohn (lave hin personal Goinion which to the change in denotty that, to being PrOP000d. the 40 Einitrs vn 44 units, would not be a n"botantial inereage in denoitye rerftflntzing that under the R5 zeninq, a danger development using multi family units could he an even higher denolty, lnmmiggitsner Smalley (joked if having nnly one onceeg and ngregn makes an impart On density, answer no, t'ommissaJoner Smalley pointo4 out #3 which Minton to health, onfety. and welfnre, with no existing drainegQ to thO area tend given the ornblem that, oxioto, the nereon traffic in the area, it appearn to me that there doPa indrwd eyint a Problem with health, onfety, and welfare, "1 believe the intent of IM POND wag not to rreato (3ubotanlard nized Into. but to help nff-qRt the engto involved," O PI.ANNING COMMI ,SCAN April 10. 1985 Pane 6 VOTES Motion failed unanimnuoly with Commissioner Hrveon abstaining. Jeff Labahn asked for specific finding of fact, Commissioner Smalley indicated his concern were with item 1 6 3 as stated above. Commissioner Carignon disagreed with the commento that this is a medium density development, "I've seen Central Heighto and how crowded that, is And I think that this would have an effect on the general welfare, health, and safety of the area. As Commissioner Smalley indicated, at the time the PURR vies developed, this wary net the intent." Jeff Labahn reitterated to the public, comments regarding Alternate avenues of development. A member of the audience asked for other alternatives to stop this type of development in the city. c, Resolution PZ05-261 REzoning Lands Within the Cinderella/Princeoo/ McCollum Area to RR-1 Jeff Labahn indicated that the petition was received and is validated es to required number of registered signatures. Chairman Lewis opened the meeting to the public. Mr, Rick Baldwin, spokesman for the petition group came forward, and ` explained that the main purpose of the rezoning to one of City water h - sewer being proponed for the area, The residents being aware of the fact that with City utilities comes haphazard development of the type Proceeding and the residents of the area wish to preserve the residential atmoaphere, i.e, open And uncrowded and at, the same time pursue the assessments which is kind of "a new animal" for the City because we are willing to pay for a portion of the water A sewer, For the price of the assessment we want, to have, n nay in how its develoned _ in the future, At, the present time its OR in character and hao 2 potentials, if we do not rezone it then I see a patchwork type of development. almost a Spenard-like tvpP of development with People f who went nice residential lots being slowly squeezed out or chased away by haphazard multi family develnpment, We Pen also make it probably one of the nicer open residential neighborhoods in town and ----- nearly everyone who lives back there (Yoto for this, We are not looking to make slot of money off of it, I understand that the City Comoreheneive Plan calls for such an area in the City, one with larger lots on that people can actually live eloge in to town without having _ to live an smaller lots. We- are aware of some people who have property fronting on the highway that do not wish to be rezoned and that to fine. we would like to exempt, them from the rezonino. IL l' W PLANNING COMMISSION April 10, 1909 Pogo 7 Mr, Howard Heck, property owner along the Spur Highway, came forward and stated that he won against the rezoning, however, with the exemption of his property by the other nwnern, he is all in favor of it, Peter Hansen name forward, 0100 a prnpsrty owner along the Spur Highway, stated that the property was purchased with the intent of putting n 4 plex nr 2 duplexes on it, and is nopnsnd to the rezoning however, if his property is exempted, then he is in favor, Mr. Walt Ward, 700 Mantic, is in favor because of the law donsity, Because of BOMB of the eommento that came un at the loot public hearing, I think that you can Bee that what we Are trying to do in thin area will alleviate slot of that problem in the future, I have a 2,5 acre parcel which could be divided up into omall lets if the profit motive wan high, however, with 2.5 acres I can still put 6 houses on it, make some profit and still have elbow room and a nice community, There being no further comments from the public, Chairman Lowis brought discussion beck to the Commission, MfIT i®N s Commissioner Carignan moved to adopt, P705A24, seconded by Commissioner Doborns, MOTION AMENOMENTs Commissioner Rrvoon moved to emend to delete those properties lying north of the Kenai Spur Highway, between McCallism Drive and Linwood Drive fronting on the Kenai Spur Highway an denoted in "frhibit S", oeconded by Commissioner Smalley, VOTE AMENOMENTs Motion passed unanimously, VOTE MAIN MOTION s Motion passed unanimously. 5, APPROVAL OF MINUTES of March 27. 1989 Minutes were approved no submitted h. OLD BUSINESS a, Leone Applications Uoto W., Olk 2. F8(J 5/0 - Machine Shop/ilfficen Storage_- Kline This application raturns with revisions to the site plan that were ouggeoted by the Cnmmisofon at, the last meeting. All items appear to " a A 0 :zrr. PLANNING COMMISSION April 10. 1985 Page 8 have been satisfied. ' Mr. Ken Cusack. representing Mr, Kline came forward to answer any questions. Commissioner Smalley asked if drainage had been properly addressed, it was found that there is a natural drainage on the rear of the F90 lots that flows to the end of the future N. Willow extension. MOTIONS Commissioner Carignsn moved approval of lease application for Lots 364, 81k 2, FOO S/D, seconded by Commissioner Bryson. Commissioner Smalley asked. as a point of interest since the landscaping ordinance has not yet been passed, if this lease would be in conformance if the ordinance were passed, answer yes, it would exceed the requirements. VOTES Motion passed unanimously. 7. NEW BUSINESS a, Preliminary Plat P785-25s Silver Pines S/D This plat sets out the circulation pattern and individual development tracts. The developer would have to come back and resubdivide any of the tracts at a later date. Commissioner Smalley noted that there was no pedestrian access on Pine and felt there would be a need since there would be a quantity of people going to the school. There are no sidewalks alonq Pine and the street is narrow, MOTIONS Commissioner Osborne moved approval of PZ85-25. seconded by Commissioner Carignan, Jeff Labohn noted that there is a small portion which appearrs to be a small lot between Pine and the property adjoining it which is a 20' dedicated walkway which was dedicated at the same time Northaste was established. It would be possible to establish a walkway to the west, however it would enter beyond the school playground. The other alternative would be when Tract 1 comes back for review, a walkway rould be establiehed in the middle at that time, MDTION AMENDMENTS Commissioner Osborne moved to incloide staff cammentg. ge.rondPd by Commissioner Corignan 1 i L ~~1 PLANNING COMMISSION April 10. 1905 Page 9 It is nqaumed that the Rtsff rommento indicated were #9 on the resolution rather than the comments regarding the walkway. VOTE AMENDMENT AND MAIN MOTIONt Motion passed unanimously with Commissioner Bryson abstaining. b. Resolution PZ65-271 Amending Existing Street Name Within City Limits Jeff Labahn explained that when the last resolution went to Council. the Council approved the resolution exclusive of the "Beaver Loop Road" designation and returned the item to the Planning Commission. It is the personal recommendation of Mr. Labahn that the road be named the some thing from the Spur Highway to K-Beach Road, Councilman Wise suggested East Main Street. There are some businesses that border Beaver Loop Rd that would be affected. MOTIONS Commissioner Carignan moved approval of PZ85-27, seconded by Commissioner Osborne. VOTE: Motion failed unanimously. MOTION: Commissioner Carignan moved that the road which presently runs from Kenai Spur Highway to Kalifornsky Beach Road be named Bridge Access Road# seconded by Commissioner Smalley. VOTES Motion passed unanimously. 8. PLANNING None 9. REPORTS a. City Council Chairman Lewis asked Councilman Wise why the Petty lease was tabled. it was unknown. b. Borough Planning Commission There were no items of business other than plats. s PLANNING COMMISSION April 10. 1985 Page 10 L. City Administration - Jeff Labahn reported that the loses for Fred Meyer would very likely be on the next agenda se will a variance for a sign in both size and height for NSA, There will he a .mint work sermon with Council before the next meeting regarding the Comprehensive Plan, Commissioner Bryson asked about, the "growing sign" at Lowry's 7-11. He had been given a variance for a particular size and height and there presently are "tack one". Jeff Labehn has spoken with Howard Hackney and upon his return from Anchorage they will be contacting Mr. Lowry. 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None _ 11, INFORMATION ITEMS There were no questions or comments 12, COMMISSION COMMF,NTS A QUESTIONS Commissioner Osborne asked for an update an his "ditch problem". There was no report. i k 13, ADJOURNMENT G f There being no further business, the meeting wan adjourned at 1A:25 am Janet Loper - — Secretary i r f i F k f I N.7 KCNAI HARBOR COMMISSION Aoril 9. 1965 - 700 o.m. Kenai City Hall John Williame. Chairman G• 1. ROLL CALL k 'i Presents Williams. Quesnel A411V/01 �%� Absents Drapseth. Houtz, Thomneon U City Engineer LeShot 2. AGENDA APPROVAL Agenda approved as submitted 3. OLD BUSINESS a. Discussions Dock Facility & Proposal Combined with 3-b b. Recommendation to City Council on Lettino of Contracts The Harbor Commission recommends to Councils Contract for design of a dock facility. The designing contractor shall also be the management contractor. The City shall accept bids on the construction of the facility after designs have been completed. The facilities shall includes 1) The dock 2) The fuel facility 3) The dock office facility 4) A repair grid minimum 5O feet 5) Lifting facility "cranes" b) Public restroom and shower facility All items listed are on a priority basis 1-6 and shall be shown as to the coat of each. j HARBOR COMMISSION April 9, 1905 Page Z Proposed Schedule Select engineer by May 15th Design complete by September 15th Sid opening October 15th - j Awards November lot Construction begins at contractor's option with completion scheduled by fall of 1986 or sooner. c. Membership No diocussion available z 4. NEW BUSINESS I None 5. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 6. COMMISSION COMMENTS b QUESTIONS None 7. ADJOURNMENT r There being no further business• the meeting was adjourned. Janet Loper Secretery •�J t r 1 ' k I 1 S, �9 !1 J C r I nLIPMONIS (907) "6.1I29 LEq*1StATiVE BUREAN s /V o 105 MUNICIPAL WAY, SUITE IUNIAU, ALASKA 99801 , 14 April 5, 1965 AML and NACo Board member Don Smith raising an issue at the NACo Conference in Washington, D.C. ALASKANS HEAR FINANCIAL WOE$ IN D.C. Several Alaskan municipal officials traveled to Washington, D.C. to attend the National Association of Counties Legislative Conference, March 2-5 and the National League of Cities Congressional City Conference, March 23-26, 1985. The federal deficit and President Reagan's PY86 budqot were the focus of the presentations by key congressmen and senators and the discussions by the NACo and NLC Boards, staffs and members. The need to reduce the federal deficit was not the issue; this is the fourth year the National League of Cities has addressed reducing the deficit In its policy statement. The issue was fairness. Congressman Gray, Chairman of the House Budget Committee criticized Reagan's "economic prescription" of cutting domestic programs by 040 billion while increasing defense by 034 billion and Social Security by 85 billion at the NLC meeting. NLC President George Voinivich, Mayor of Cleveland, Ohio, said the cities had done their share to reduce the deficit. Since 1979 Voinivich said federal domestic programs have been cut by 601 and most cities have increased taxes by 50%. During that same time the cities have weathered one of the country's deepest I Legislative Bulletin #14-11 April 5, 1965 Page 2 recessions and, still, the deficit has grown from 027 billion to 0212 billion. The NLC and NACo do have solutions which would reduce the deficit by over $70 billion and do so fairly. The delegates presented the proposals ( The NLC proposal is attached) to their respective congressmen and senators during the Conferences. Alaskans did their share, too. Ted Lehns, Paul Whitney, Janet Halvorson and Valerie Therrien of Fairbanks, Heather elynn of Anchorage, gosaiee walker and Kay Disbeis of Juneau and Mine Seymour of Ketahikan met with Senators Stevens and Murkowski and Congressman Young during the NLC Conference last week to discuss the budget and the priorities of the nation's cities and Alaskan municipalities. The emphasis for Alaska was on general revenue sharing first (as it is with all cities and counties) and, also, wastewater treatment grants, community development block grants and mass transit funding. The National Association of Counties presented similar priorities in Washington several weeks before. HOUSE COMMITTEE ACTION US 139 - Regulations on Grants, The House C&nA Committee again considered HB 231 and d saussed gevar&JL possible amendments on specifics of how 315, 316 and 317 grants under AS 37.05 should be regulated by the Departments of Administration or Community and Regional Affairs. No professional input from municipalities has been sought directly. No specific language has been decided upon but 2 have summarized the concepts agreed to below. The .^Ospos t 2;&-*n"aa funds in a rally insured, interestbearing account. 2. Apply interest earned to the project or return the funds to the State when the project is complete. 3. Use accounting procedures based on American institute of Certified Public Accountants or AS 37.05.150. 4. DOA may require audits once a year, every two years, and/or at the end of the project. S. Audit cost can be considered a grant expense. 6. zstablish procedures for local hire to the extent allowed by law. 7. Establish procedures for anti -discrimination including political opinions and affiliations. S. Provide an annual (by January 10) project status report. 9. Spend the money in 7 years unless re -authorized by the Legislature. 10. No more than 200 of the grant may be applied to "architectural, engineering, land survey, contract administration, and planning services." 00 4 - State Loan Committee$ House finance heard and reported out NO 4 with unanimous " passo and a zero fiscal note. HB 12 - Muniei all -owned Utilities. House L&C heard testimony on this bill v teleconference on Thursday (April 4). no action was taken. r� Legislative Bulletin 014-11 April S, 1965 Page 3 HB 62 - Prevailing Wage for Overtimes House Judiciary heard and reported out a CO gar HB 62 with a letter of Intent (see House Journal, V. 020) and a majority "do pass". The C8 expands the definition of public construction to include that Which is "financed With funds obtained by pledge of any contract of a public agency" for a "loan, grant or annual contributions and, regardless of Whether the public agency will holds title to the improvement." The AGC "loophole" amendment dealing with responsibility to pay it language is Inadvertently left out in a contract was not added. The bill now goes to Finance. NB 72 - Title 29 Revisionss House Finance heard COMB 72 (CAM) and reported ti out a CONS 72(fin) with a unanimous "do pass". The amendments were technical dealing with effective dates of organizational grants and adding "taxable" to property in reference to oil and gas property. When asked it i supported the Con amendments, i said we would accept them for now If it means getting it passed. See "Committee Hearings" on,OB 142. NB 238 - Credit for Service for Leave Without Pa s The House State Affairs Committee board HB 238 and reported t back with 6 "do pass" and 1 "no recommendation", it now goes to Judiciary. NB 247 • Games of Chances The House State Affairs Committee considered NB 247# replaced t w t s CB and reported it back with 2 "do pass" and S "no recommendation". The bill now goes to Judiciary. NB 276 - Architects En ineers etc. Services: House LAC considered NS 278, rip s t with a CO and reported t ack with 3 "do pass", 3 "no reoommendation", aid i "pass without LAC amendment". The Co clarifies that price may be a consideration it the State contract is specific and the State evaluation teams include a registered professional in the field appropriate to the services sought. The CS does not include municipalities. The bill now goes to Judiciary. j HS 294 • Preferential Hire and HB 29S - VOL Study of t and Alaska !} HIM a House LAC C=0M ttee heard Wreported backboth HB 294 and RD 299 .!, OR unanimous "do pass". NO 294 now goes to Judiciary and HB 299 goe$ to Finance. 11 HB 32S - Home Rule Town Usetin s House CAM Committee heard the bill for the first time Monday (April 11 and took no action. Roponen recommended the bill as an alternative to current levels of municipal government and was willing to 1 work on issues of appropriateness and interost in Alaska, population limits, administrative functions by statute, etc. Karroo was supportive and suggested j a population limit of 1000. OM did not oppose the bill but called for more study and consultation with unincorporated communities and AML. The League has no position, The town meeting is coomon in Now England where it is imbedded in tradition. As home rule, town meeting cosmiunitios under the bill could have more power than second class cities. HJR 24 - OCS Revenue Sharings House Resources heard and reported back HJR 24 w a unanimous wdo pass . it now goes to Finance, --- - AL Legislative Bulletin #14-11 April 5, 1985 Page 4 SENATE COMMITTEE ACTION 89 51 - State Aid for School Constructions Testimony was heard in the Senate Was Co ttes on a work draft for a CS which would establish a school construction grant account. The Committee had SS 143 and SB 159 before them as veil but their discussions centered on the work draft for SB 51. Under the provisions in the draft, school districts would have to repay to the State 104 of the funds received from the account within 10 years or contribute a like amount in kind. The draft bill would require school districts to apply for school construction grants no later than October 15 of the fiscal year before the year for which the request was made. The eligibility requirements would require that a district must be bonded to capacity or be unable to sell bonds, agree to an appropriately -sized facility, give public notice of the project, and demonstrate need for the project by establishing a projected long-term enrollment or have facilities requiring repair or replacement. Grant money could not be used for residential space, hockey rinks, planetariums, saunas, or other single purpose sporting facilities except for a small swimming pool or other water sports facility and the State funds used to retire debt at 004 could not be used for these kinds of facilities. The bill would limit the existing 50t retirement program to bonds approved and cash payments made before July 1, 1995. It would establish a new provision for retirement of 000 of a municipality's bonded indebtedness authorized after June 30, 1905 for school construction but would not provide for any reimbursement of cash payments alter June 30, 1985. It sets out the requirements a municipality would have to most before debt may be retired under these provisions and calls for approval by the Commissioner of Education of the project before the local vote on the bond issue. In approving the project, the commissioner would have to require the municipality to include the estimated costs, including operating and maintenance costs of the project In the ballot for the bond issuer provide for repayment of the bonds over a period of at least 10 yearsr demonstrate need for the project by establishing a projected long term enrollment or have facilities requiring repair or replacement: agree to an appropriately sized facility and reduce the bond issue by taking into account interest that will be earned on the revenue of the bond issue during the repayment period. it would require that reimbursement projects undergo prioritization by the ' f commissioner as is done for grant projects, and . requires that application for reimbursement be made no later than October 15 of the fiscal year before the -- - ` year for which the request is made, It would define "school district" to include municipal districts and REAM and ' repeal the existing provisions for a public school construction advance ' account (intended for districts who have reached their bonds capacity). .- n9 ). p Y j Senator Pshrenkamp intends to bald work sessions on this bill, to be announced. ram_ r Legislative Bulletin 014-12 April 5, 1905 Page 5 99 209 and 88 210 - Alaska State Fire Commissions Senate State Affairs heard the bills and reported a CS (minor changes) for SB 209 and 8B 210 back with 3 "no recommendation", 1 "do not pass" and 1 "do pass". Both bills now go to Finance. Se 249 - Supplemental Appropriation for Senior Citizen Property Tax Exemption Pro rem: The Senate CaRA Committee heard and reported back 88 249 with a major ty "do pass". The bill now goes to Finance. HOUSE FLOOR ACTION CSSSHB S(Fin)am - Asbestos Abatement Programs The House passed CSSSHBS(Fin)am on Friday (March 29) with notice of reconsideration given. However, reconsideration was not taken up on Monday (April 1) so the bill passed the House, it has been referred to L&C and Finanos in the senate. He 215 - Ccmmunit Health Aide Programs The House adopted CSHB 215(Fin) on W y Apr 1 3 , 32-6, HB 256 - Economic Development Poiicys After passing out of the Finance Comm ttes, HB 256am passed the House on Wednesday (April 3), 35-4. it now goes to the senate. COMMITTEE HEARINGS/MEETINGS IN THE HOUSE Community & Regional Affaira 3s00 P.M. Behrends 209 HB 42 - Disposal of State Land within a Community ----- Monday, April 8 HB 15 - Advisory Elections - Annexation Proposals ----- Monday, April 8 Wednesday, April 10 HB 139 - Procedures for Grants to Named Recipients ----- Wednesday, April 10 Health, Education d social services 4s30 P.M. Capitol 112 NO 130 - Educational Employees, Collective Bargaining ----- Monday, April 8 HB 90 - Labor Relations for School Employees ----- Monday, April 8 ***** ROSS Sub- Committee Meeting ***** 5s1S to 6100 P.M. ***** 09 191 - State Aid for School Construction ----- Wednesday, April 10 HB 220 - State Aide for Retiring School Construction Debt ----- Wed., April 10 No 254 - State Aid -School Construction for Unhoused Students --- Wed., Apr. 10 f is as Legislative Bulletin #14-11 April 5, 1985 Page 6 He 257 - Local Effort in the School Foundation Program ----- wed., April 10 HB 309 - State Support for Education ----- Friday, April 12 HB 191 - State Aid for School Construction ----- Friday, April 12 HS 220 - State Aid for Retiring School Construction Debt ----- Fri., April 12 HB 257 - Local Effort in the Public School Foundation Prog. --- Fri., Apr. 12 SONS 254 - State Aid -School Construction for Unhoused Students - Fri., Apr. 12 Judiciary 400 P.M. Capitol 112 HB 34 • Liquor Licenses - Transfer/Issuance Limits ----- Monday, April 8 HB 294 • Alaska Hire ----- Thursday, April 11 State Affairs _ 3000 P.M. Capitol 102 HB 252 - P'ERSs Contributions/Retirement Age/Benefits ----- Wednesday, April 10 HB 91 - VERB Retirement Credits Unused Sick Leave ----- Friday, April 12 Transportation 7s.00 A.M. Capitol 118 HS 159 - Encroachment and Relocation of Utilities ----- Tuesday, April 9 HS 160 - Relocating Utilities for Highway Projects ----- Tuesday, April 9 Loans. Special_Commit-tee_ 300 P.M. Capitol 124 HB 283 - Historical Property Loans ----- Tuesday, April 9 IN THE SENATE Community-& Regional Affairs 3s30 P.M. Beitz 211 SB 250 - Tax Exemption Property Beautification ----- Tuesday, April 9 Judiciary is30 P.M. Butrovich 205 SB 142 - Title 29 ----- Thursday, April 11 *** The Chairman has indicated he has a "problem" with the rural utility Issue, e.g., the right of municipalities to operate utilities in areas outside the city limits and not adjacent to them. Some discussion has also been heard regarding Son. Ferguson's concern that cities going to first class or home rule will hurt the REAA. One solution he proposed before was to require a vote in the city and in the REAR before the education power could be assumed. *** too) Legislative Bulletin #14-11 April 5, 1905 Page 7 n State Affairs Ss30 A.M. Butrovich 205 HS 81 - Motor vehicle Emission Inspection ----- Tuesday, April 9 HB 50 - Alaska Bidder Preference ••--• Tuesday, April 9 NEW BILLS IN THE HOUSE ! H8 303 - Rural Housing Loaner introduced by Marrou by request, the bill would redefine "rural" to include any community in the unorganized borough, and any community in the organized borough if 650 or less of the residential structures are connected to public water and sewer. This is Harrows second bill by request dealing with rural housing loans (see HB 175). 88 338 - State Lott. s Introduced by Thompson, the bill would create a State lottery and commission in the Department of Revenue. The revenue generated outside of prize money awarded and administration of the lottery is estimated by the sponsor to exceed $12-015 million. The bill does not earmark the money and it would go to the general fund. Referred to LAC, Judiciary and Finance. HS 339 - State Oil and Gas Property Tax Credit Limitations. Introduced by Marrou the bill would limit the amount of tax credit property owners would get from the State for payments to municipalities ($175 million). The sponsor's staff said the intent was to limit the bonded indebtedness of municipalities, particularly the North Slope Borough, and to increase revenues to the State by limiting the amount of credit property owners (oil companies) can get for local taxes. Referred to Special Committee on Oil and Gas, CARA and Finance. HB 343 -- General Obligation Sonde: Introduced by Marrou, the bill adds language to 29.50.180(a) stating that "The State is not obligated to pay the principal or interest on general obligation bonds issued by a municipality." Referred to CAPA, Judiciary and Finance. i HS 347 - Alaska State Piro Commission: Introduced by Cato and Koponen, the bill is identical to SB 209 (see Senate Committee Action, this Bulletin). Referred to State Affairs and Finance. He 348 o ElimiAation of Excess Names from Voter Re iStration Listss -__ Introduced by Harrou, the bill amends AS 15.07.130(b) to be more specif c that If a voter must vote in person in elections for two consecutive years. Referred to State Affairs and -Judiciary. f1 HB 350 - Penalties and interest for Delinquent Munici ai Property Taxes: .Introduced by R ngstad by request, the it amends AS 29.53.180 to increase the penalty from lot to 200 and interest from 8t to 1541 changes penalty and interest on installments to "from the date the installment comes due"i And allows a formula for an increasing penalty according to time delinquent or f 1 J overdue. Referred to C&RA and Judiciary. 1 i . i J Legislative Bulletin 014-11 April 5, 1965 Page 8 He 352 - Competitive Siddings Introduced by Cato, Hurley, Gruenberg, M.W. Miller, Ringstad, Collins, Hanley, Pettyjohn, Phillips, Rieger, Uehling, Jenkins and Frank, the bill is identical to SS 166 (Bulletin #14-5). it would require competitive bidding on 315 and 326 (AS 37.05) grants in excess of $100,000. Referred to CARR, Judiciary and Finance. NEW BILLS IN THE SENATE an siu - uurazaonaa nesauency nequiremenz ror some slide cnart:er Commission M_ erst Introduced by Kerttula, the bill amends A8 29.13.010(b) to require a member of a commission in the unorganized borough to be a voter for at least three years prior to the elections and, in an organized borough, a voter of the city for at least one year and of the borough for at least three years. MISCELLANEOUS Municipal Assistance - House Finance closed out the Department of Revenue operating budget this week showing $81,306,800 for municipal assistance. That figure is the FY85 appropriation and represents 350 of the $231 million corporate income tax latest March estimate that came out this week ($463.5 million total revenue decline). That figure represents the House cutting program based on the $300 million revenue decline estimate and additional pressure may now exist to reduce it further. Contact your legislators and push for the Governor's figure of 096.2 or "no less than" 081,306,800, FY85 funding. Do not use the term "full funding" because that will be used against us - 300 of the March estimates would be $69.3 million! Rallis Case Decision on Antitrust - in a major victory for cities, the Supreme Court has significantly expanded immunity from antitrust challenge for cities by broadly defining the circumstances in which cities are exempt from the antitrust laws. The Supreme Court ruled Wednesday in the Town of Rallis v. City of Eau Claire case that city activities which are authorized by state law are immune from antitrust challenge and that active state supervision of city activities Is not necessary. The Stipreme Court also made clear that, because there are differences between the actions of cities and those of private parties, the courts should treat the actions of cities with more deference than those of private parties. NACo-WIR Conference in Reno - The Western Interstate Region of the National Assoc tion of Count es will hold its annual conference in Washoe Coury (Reno), Nevada. The proposed federal budget cuts will again be the center of attention. In the West, forest and mineral receipt programs are under severe scrutiny and may become targets of federal cuts as well. April 8 was the cut off for cancellations but delegates can register on -site at the MGM Grand Hotel - Reno. For further information call (703)471-6180. 0 MftW 1301 ftV410"AWAS NW UWrA Wa1hMgbn. D.C. d 10004 WAN (30Q) 6030W 'COW. NLCMES PRIORITIES FOR AMERICA•S CITIES omom APPONM =v voNowen h/v wee OrMtlMr Car* edas ev C"Vd Prndenl New ven Nov van W&V fteaevdear Menrya Gwroe MOW. Son A NW O. r..n "HIS Oftliftwo M maw.W PuA. Murnevq. LrkUM Gre6re• Aw em ADOPTED BY THE BOARD OF DIRECTORS OB THE NATIONAL LEAGUE OF CITIES March 24,'1985 The elected leaders of America's municipal governments agree with the President and the Congress: The long run economic health and prosperity of this nation are dependent upon an immediate reduction, and eventual elimination, of the Federal budget deficit. We believe that the Federal government must maintain a strong partnership in the domestic affairs of the nation. Deficit reduction must not outweigh the necessity of a sound progressive domestic policy. We believe that the deficit should not be reduced by simply cutting Federal domestic spending. The National League of Cities proposes a deficit reduction package which includes the following items: • an immediate across-the-board freeze in all non -needs- tested federal program spending, with the exception of the COLA (cost of living adjustment) to social security recipients, and an immediate freeze on the total of tax expenditures; • an increase in revenues to pay for increases in program spending to assure a pay-as-you-go approach to the budget; and • that any consideration of further cuts --below a freeze level --in any policy area not be limited to direct spending but also include tax expenditures and credit activities. Adopting such an approach would allow us to reduce the Federal deficit by over 070 Billion in FY 186. This is a reasonable, responsible step toward elimination of the national deficit. - 2 - Policy is policy whether it is implemented through direct programs, tax expenditures, or credit activities. Therefore, budget and policy -making --whether for the purpose of deficit reduction or otherwise --must focus on the tax code and credit activities as well as on direct spending programs. The opportunity afforded this nation's citizens, the prosperity of American business enterprise and the integrity and effec- tiveness of our systems of governance require attention to more than the deficit and national defense. Cleaning up the environ- ment; improving housing; providing transportations generating new jobs; helping the poor; providing good health care; assuring citizens of basic services; and protecting civil rights are appropriate, necessary and laudable policy objectives for a civilized "opportunity" society. Shifting responsibility for achieving national domestic policy objectives to state and local government, and at the same time eliminating the federal assistance that has historically been provided and is necessary to achieve these objectives, is a federal mandate for state and local tax increases. Additionally, this shift to states and local governments of greatly varying resources and tax capacities perpetuates inequity of resources ` and services across the country. The costs of achieving national objectives should be borne by the nation as a whole and supported by the broadest possible revenue base. While we strongly support a freeze at FY 1985 funding levels on all urban programs, the nation's municipal leaders identify the following as our top priority urban programs: General Revenue Sharing l Community Development Block Grants f l urban Development Action Grants Housing Assistance I Public Transportation ,i Wastewater Treatment Grants Job Training Partnership Act America's cities and towns have already sacrificed one-half of their federal aid to the cause of deficit reduction. Many 1 programs no longer exist. we propose instead a fair and balanced ! program Which outlines reasonable policy alternatives at the same time affirming our two -fold commitment to eliminating the deficit elipursuing sound, equitable and responsible national domestic corrected Legislative Bulletin #14-10 March 28, 1985 Page 2 NB 13_ O+Educational Employee Collective Bargaining - The Labor 6 Commerce Committee recommended a committee substitute and the bill was referred to the MESS Committee. HB 215 - State Assistance for Community Health Aide Program - The Finance Committee recommended a committee substitute and the bill was referred to the Rules Committee awaiting placement on the calendar. HB 291 - LSRT Appropriation - The Transportation Committee heard testimony on this bill and reported it out with a unanimous do pass recommendation. The bill was sent to the Finance Committee. HB 294 - Preferential Hire - This bill was heard in the Labor & Commerce Committee along with the appropriation bill, HB 295. After hearing testi- mony from sponsor Red Boucher, Lt. Governor McAlpine, Senator Josephson, Deputy Attorney General Ron Lorenson, Dave Donnelly, and Deputy Commis- sioner of Labor Bob Landau both bills were reported out. I HB 294 has a further referral to the Judiciary and Finance committees and HB 295 has a further referral to the Finance Committee. Although HB 294 and 295 have been reported out, the Labor & Commerce Committee will hear testimony via teleconference on Monday, April 1 at is15 p.m. Teleconference sites will include Juneau, Fairbanks, Anchorage, Sitka, Seward and Unalakleet. Testimony will also be heard on HB 266 and NCR 20 at that time. COMMITTEE ACTION IN THE SENATE SB _8Personal Safety in Public Schools - The HESS Committee recommended i a committee substitute with the following letter of intents "The legLela- ture recognizes that the Dept. of Education is presently soliciting comments from Alaskan school districts and various agencies and interested parties on a draft curriculum guide for health education. it is the in- tent of the legislature that the Dept. of Education in enacting CSSB e (HESS) prepare and distribute for comment a supplement to the existing draft no later than six months from the effective date of this Act. The supplement shall contain draft curriculum guidelines for personal safety education that include the identification and prevention of child abuse, ji child abduction, neglect, sexual abuse, and domestic violence." The bill s was referred to the Finance Committee. y 'f SB 95 - Supervision of Safety of Dams and Reservoirs - The Senate !` Resources Committee reported this bill out with a committee substitute. The bill was sent to the Judiciary Committee. i, a tf !I f 0 oil J �a9 tog�r XWFO -3 KENAI RIVER SPECIAL MANAGEMENT AREA LETTER ` the 1 Number 5 '0r March 21, 1905 NEXT ADVISORY April 11, 9bs'�f0i00 a.m„ Kenai Peninsula Borough Building, BOARD MEETING: Assembly Hall, Soldotna. OTHER MEETINGS PERMITS COMMITTEE: April 12 1085, 9:00 a.m., Kenai Peninsula SCHEDULED: Borough Assembly Hall, 3of nor information call 793-2724 or 262-5501. RIVER/FISHERIES COMMITTEE: March 28 1985, 5:00 P.M., Kenai Peninsula Borough's Civil Dowen AA ri1�115, 8:30 a.m., Kenai Peninsula Borough Assembly HaII. For UPDATE: motion call 262-9293 or 265-4511. AGENCY COMMITTEE: A AI 4 1985, 10:00 a.m., Division of Parks and Outdoor Recreation meadquarters, Anchorage. For Information call 265-4526 or 265-4511. BIOLOGICAL/UPLAND HABITAT COMMITTEE: Aril 10 1985, Cooper Lending Community Center, Cooper Lancling. For infor- mation call 552-3307 or 265-4511. LANDS COMMITTEES Aril 4 1905, 3:00 p.m., Kenai Peninsula Borough Assembly Hall. Per information call 262-9011 or 265-4526. SOCIAL/RECREATION COMMITTEE: April 4, 1985, 10:00 a.m., Division of Parks and Outdoor Recreation Headquarters, Anchorage. For Information call 561-5i15 or 265-4526. GUIDE COMMITTEE: No meetings scheduled. The Guide Committee's recommendations for the 1985 season were discussed and adopted on at the March 14th meeting of the KRSMA Advisory Board. The Board unanimously voted an each recommendation with only minor amendments to the committee's proposals. The recommendations include licensing and permit requirements which are aimed at Incress- ing professionalism among Kenai River guides, operations criteria, general permit requirements, provisions for permit suspension or revocation, and consideration of guide number limitations for the 1986 season. Copies of the recommendations are available from the Division of Parks and Outdoor Recreation. The KRSMA Advisory Board has for- warded these recommendstions on to Esther Wunnicke, Commissioner of Natural Resources, for review and consideration. At the next meeting, the Advisory Board will discuss the Permit Committee's proposed recommenda- tions regarding permits for structures in the river and the permit moratorium. Copies of these recom- mendations are also available from the Division of Parks and Outdoor Recreation. IAl" �. C � Alaska Division of Parks and Outdoor Racreatlon. Department of Natual Resources. v{ r I`� I i go =A/r-o -Y community .rlela'ty A►UBLIC LIBRARY IN AbRVICi SINCE 1944 • Box 187 KENAI. ALASKA 90811 REPORT FOR THE MONTH OF MARCH, 1985 Circulation Adult Juvenile Easy.Books Fiction 1384 490 1247 Non-fiction 2109 269 249 Total Hook Circulation 5648 Films 99 A.V. Equipment 63 Phonodiscs 1TO cassettes 123 Puzzles 12 Pamphlets and Periodicals 99 Total Circulation 6214 Additions Adult Juvenile Easy Hooks AV Total Gifts 36 0 9 20 65 r . Purchases 46 7 15 0 68 " Total Additions 133 Remedial and Re -worked Hooks Adult Juvenile Easy Hooka Total 4T 1 9 57 Interlibrary Loans Ordered Received Returned Hooks 88 AV 15 28 44 Interlibrary Loans by our Library Hooks 96 Films 79 Requests received but unable to fill 10 Numbers of requests sent to out-of-state libraries 12 Volunteers Number 26 Total Hours 513.5 Income Pines and Sales Books 585.93 Lost or Damaged Books 40.00 Xerox 222.T5 Donations 58.65 Total Income for March, 1985 $90T.33 .s -J r. I V a 1 xznw eo,g y .zietat y A PUBLIC LIBRARY IN SERVICL i1NC9 11940 BOX 157 KBNAI, ALASKA 99611 Library Cards Issued March, 1985 Kenai 165 Clam Gulch 1 Kaoilof 8 Moose Pass 1 MUM 45 Ninilchik 2 Soldotna 61 Sterling 1 284 Library Patronage 5,965 i b, i t" -}' Vol. 130 WAS111NGTON, FRIDAY, AUGUST 3, 1984 Sen. Claiborne Pell (0-11I) called the Senate's atten tlon to the chai:lenges set,.-, forth for librarians in the Education Dept* ';•"All•iantse { for Excel lence,''•e.g. help ing to eradicate •illiteracy. Looking into the future of the Learning Society, he re- minded his colleagues 'that It's time to start -thinking . of the 1989 White, House, Conference* on :L`t6rery-land :.,a Information Seved=`r:,� years hsve::.*seen once` to f i rst one. •a41e'plslgtt-; troduae such' ; ;saaitih. next ••year :.- x ALLIANCE FOR MCPs, MUCCE-LU BRARIANS RESPOND TO A NATION AT RISK • Mr. PELL. Mr. President, es we pre- pare for conference with the Howe on H.R. 2678. Library Services and Con. struaion Act Amendment of 1984, 1 am pleased to call to the attention of MY colleagues a most Impressive publi- cation on the challenging educational role of libraries, Issued last week by the U.S. Department of Education — "Alliance for Excellence: Ubrariang Respond to A Nation at Risk." In an Introductory message, Educa- tion Secretary Teruel H. Hell points out that to assure stuRWal In thla diffl• cult irdormatfon age there is need to elevate the United States to the stand- ard of a lifelong lemrdnx society: The ebdknw before us Is of such mtani- tude, though, that school and family will be a match for It only when they forge a grand auwtee with a third tnsenution-the It - The Justification, for that comes out M Cmturg4ld tradition: in 100A00 settings rural and urban, matestie amd modest, a of bn m not only hotels the keys to the trtowkdre that Is the prelude to tomorrow Out sad 10 epnhpped to show every citizen how to Worse arts future and live with eonft. dam In the learning Wociety. One could not help but be Impressed by Me resPN We of the Nation's library and M. formation selenoe community to the ehab tense of a nation at risk. Their reeommen• lotions for the aufanoe of home. school, and library as essential to our attainment of exeellenes In education and a kwnft soeie• ty, The report recommends that the 11• brarlarts of America undertake a series of important missions. "They need to take the lead In calling for an assess meet of the Nation's libraries. They should markedly expand the sharing of resources anions their instltutlons," I am delighted to now that the Ll- brary SUWON and Construction Act Amendments of 1084 ILSCAI will in. cretse our libraries ability to under. take &.sore salve role In carrying out the seeks of missions set forth In Alli• ante for Excellence. Urging vigorous library leadership, the report poInta out that their work oil is oout tog them: dbmans ought to plan with Community leaden for more effective support of rdues an and lifelons teeming. They need to transform ubranes Into user oriented learn. Ina centers when adult liters" education will become or continue to be an Important program option, where the very yougngest Children can be httraduced to readinand learning, and where roues adults can be guided Into the world Of gnat literature and Into the habit of learnins for a lifetime... . They need to mate the needs of library users known to the outside Irortd—to gov emment leaden to dues, to faculty In col. lease and universities, to administrators In whoob, to corporate leaders to budustq, and to students now nags their taeluues- so utat they will be Iavolvrd to finding solo• lions. tlbrarlans armor do it atone. indeed ube:riau earmot do it atone. Um lmmlnent new law extending and antesdirw the ConsWuctin Act will � them ees a great boost in moving ahead with their Otte issue we are considering In the pending LBCA amendment is a special to help ensdicate 1 for Excellence points putt gut the storehouse of Information open to w Is incredible, made available through myriad computers and assort- ed high speed telecommunications de - vim throughout the world. However. all this information is lost H we cannot put it to use. Again, the reportreminds us: A nation wltb about 93 million eltitens who cannot read well enough to decipher a Job application form must be convinced that a leaning society is a practical, attainable goal. Zvmy Individual should have the knowledge to umdentand complexities that were never Imagbned In the past. This Is where the 0brry, toted with fanWy and education an come Into us own. It has is soldem chance to make a real differ. ence. No other trutitoNOfl in the community Is able to serve the Learning Society to 4u to the same way. No other has such cultural riches side by side with access to the myriad facts, figures, Ideas. end implYJdonW of the day. No other has • sebe Iwo WHO a surser five, or an atmosphere pulto so nonthreW enlML tot adults who want to pursue an issue to Its samee—amd thus make a further Investment in their own base of knowledge. No other can provide a lemma uplift for Ali Amerians: the 17 million under 6. the 46 million in kindergarten throusb 179h arm" the /s million in higher education and the 958 million others beyond the usual years of formal schmung. Who would think that ubrarles and ubrar- lams Could be Partners to taus auref to a Present and future where Information, stress Is assured, who would thirst that libraries and librarians, remembering and h keen Hof rtjponir ge billty, could be otheewlWet' Looking beyond the near future, I would point out to my colleagues that nearly 5 years have passed since the first White House Conferenee on U. brsry and Information Services. Re- calling that I introduced leglatauon calling for that conference In January 1973 and that president Fora, a spon- sor of the House companion bill while, he was House minority leader, finally signed It into law 1n December 1974. it id none too soon for us to consider the next conference. As you read the numerous charges laid out for libraries to expand link- ages In support Of lifelong learning In Alliance for Excellence. the text of which I request be Inserted at the con• elusion of my remarks, I am sure you will agree with me. We need to start thinking about these Issues and their Implementation In connection with the next conference. Accordingly. I am takiuy this oppon tuwty to alert my colleagues that I plan to Introduce early in the 99th Congress legislation calling for the Second White House Conference on Ubrmy and Information Services In 1989. 1 would eagerly Invite those of you who shm tin► interest and con- cem that all our d9ftens have access to avality library and fformation services In promoting a loam" soele- ty, to Join me to cosponsoring this leg bilation. Remember. a most important part of the White House Conference probers Is the precede ng series of h>tol townhau meetings. speakouts, and Oovernora twnterences held In each of the States 4o help them assess and better utilize their own library and in. formation resources. (page 59708) "WR"W1i�iifs'ofaity�!�Sert: `Ypi i rxed a`#eTt�t'of„00A1I-lance �i`'iccel ioe'!-andcunanend- • 08:,97f '�xaor: a ful I ary r' n# ;St •• a�'Board irs••appeAM :authors ,�ssue;pap�t nd00. participants.' �,0=tions of.,'Jive "rite to 'the tiovts rig Office (Su c cs) ; PQ . - ! rigton, D.C. 204020 65-000-0 count .4uan r 5.r s j00 or itio a .�, �n ma i i ed `tta • . Me ■ a whoa$^Tome INC. euc�NUE�s, SLFNEroas s PLANNEW 0 March 28, 1985 i City of Kenai VOA MML flint s a Department of Public Works AV taal. Mo " 210 PSdalgo ,�a, �•T tV6 WOO --� 3 car ctwE Kenai, Alaska 99611omjw AMAIN ✓ —».]� Attentions Keith Kornel � APR 985 I � thy" cw-- Nbutltu "'I =� Cl of two References Sprucewcod G P�bl� Y'AtKs p �iyn ` Our Job No. 8 0 4►, ..V Invoices 3026 Date ET E14 1 1-28-84 .5 ' 1-29-85 8.0 1-29-85 9.0 Total 8.5 9.0 Civil Engineer 9.0-16ours @ $52.50. er Hour $ 472.50� Engineering Technician 6.54ours @ $40.00�er Hour 340.00 -*' Total $ 812.50 Balance of Design Phase Contract $609.00✓/ Balance due this invoice � $ 609.00 Total Design Contract: $12,000.00✓ Billed to Date: $12,000.00v" P.O. fBOX 48A SOL.00TNA. AK 98SS9 90712A3-421 S i 1 r� 4A 7r9, N9o� �A,� �Au001A?111111s Mo ■ INC. PAOiE08 ON& ENGNE96. SUMAEVOM A PLANNERS z'x "s d April 5, 1985 pow 104 f0 City• f Kenai DepA tment of Public Works • �••.. �' ntions Keith Kornelis 210 Fidalgo Kenai, Alaska 99611 Res ALIAK, MCCOLLUM, CINDERELLA, FOX, PRINCESS & L114 OOD EXTENSION BILLED UNDER ADDENDA NO. 2 Statement of Charges Rendered Through March 31, 1965 References MAP PROJECTS Our Invoices 3051 Our Job Numbers 85-4001 Civil Engineer 133.5 Hours @ $!)0.00� $ 6,675.00/ Engineering Technician 37.5 Hours @ $40.00"' 1,500.00./ Soils Technician 13.0 Hours @ $45.00,0' 585.00✓ Drafting 114.0 Hours @ $32.00� 3,648.00✓ Drafting, Overtime 7.5 Hours @ $39.00 -0* 292.50 ✓ 0 Total Contract with Addenda $ 84,250.00 -f- 9� Zoo (d�, j4,M may, Billed to Date (Including Above) 64,135.13� Balance $ 20,114.87 NG IF .:r+gNS1) i•1/./� ..OfrlAifi +� CiQIMW /IK � �0 ��Y?s •.ice P.0.60X 488 SOL OOTNA. AK 9HSSe eO7-263-4216 Tz e. - 1 A/C, r2/0' V 9O0D. 6ro I)i f - carmen vincent gintali, architect 130 trading bay road, suite 330 kenal, alaska 99611 907 283.7732 r~1 _J April lif 1988 City of Kenai 210 Pidalgo Kenai, AR 99611 Attentions Keith Kornelis, Director Public works Department Res Invoice on Original. Library Contract Contract Documents at 100% Due This invoices Previous Earneds TOTAL Earneds Less Paymentss DUES C v�•�'r���' )7, J". o0 pJ t, .1.*, < 33, 9?I" ro> - _l %MM Y00 A C UNCil MEsiiNQ 4iy �Ir Coma OK r*b O7M —•• bk� 4 � carmen vincent gintoll., architect 130 trading baa road, suite " z3 kenal, alaska 99611 ti�ti 907 283-7732 ,> APR198S RECFJvEo CRY of omw March 29, 1988 NPa* woft ftg;J c City of Kenai 210 Fidalgo Kenai, AK 99611 Attentions Keith Kornelis, Director f Public works Department �i 1 i t Res Kenai Library Addition Dear Keiths When we discussed the re -bidding of the original drawings, i had told you there would be no additional charges. However, after reviewing out Original Contract dated 11 April 1984, and our ledger, we find we only billed $24,640.00 of the original contract amount of $37,344.00. o► Further, there are additional changes required in these drawings. 1 i M Changes which were made by the Library Commission when we were told to begin stop work and the two story version. b When our work is completed, we will submit an invoice for the balance of the original contract in the amount of $12,704.00. Please contact me should you have any questions. Sincerely, carmen vincent gintoli, architect 11446 `. Carmen V. Gintoli CVG/bd e o I copys File 4 • • r 01 O t I CITY OF KENAI • FOR COUNCIL INFORMATION r f Transfers of Funds under $1,000 under KNC 7.25.020 (a) I Date Depnrtment Amount From To Explanation I 4-2-85 Lands $400.00 Tranap. Advertising To advertise general fund lands for sale 4-5-85 Bldij. Insp. 75.00 Rep,lMaint Sup Sm. Tools Due to division of building maintenance and building inspection, more money was needed for small tools and lees for i repair and maintenance supplies. KKlUt 9rt11t16Vt,A f16Yd)UOfI RftOULAR AOB/A1f{LY MY.P.T1Ng ArR1L 16 19Bs fi00 P,N, Mount,hON�t110TOl�Tto" PUILD1110 601,00THA, 41AG" •A(1r,a0A- A. CALL To 01109R or BOARD or ADJIIff s"T Og6199fojj��� B. NZA111110 or APPeLLAtnO •.Z' ,QA r., IIUNN(; or PBTLTtain � 9!� O. OLC1aloN or ROARD 6 AOJDURtMLNT �' C '• ' A. CALL TO OR06R r'ot P.-dd6� ZZZ 6. pLi06L AI ALL/.OtANCN � elti Nutleor v C. 11WOCATt011i Aoseebl Garay rd yiresb•r Dnvid Carey Clrp 01 ROLL CALL "In L. VACANCY. 0LSIOUAT100 AR SLATLA(f or AsamaLTMrdIBC/. }sok r. APPROVAL or MINUTLf1, Aprii 2, 1989 NcAlilian O. Vale COIMITTL9 WORTS Johnson (a) Education ((gift, Johnson, Mutton, Bkneted) /tepheno /koRecld (13 finance (Crawford Carey randel, Nashl ran l (a) and Aeauisitionlotopoea{ (Keene, Johnson, (d) moorLos'191fsiv (lets. Keene, Dkolletad) (o) Locai Aglre lCarey, Noose, Stephens) (f) public worke (Oswat, Dale, Naaaban) (g) Zoi River special (Madshan, Date, Hutton, Ot^pheno, Atick) 11, A400A AP"OVAI, AND P,ANSrffr A6Lf§DA is) ago, 9444"rising Cho Nntfirltise and ether Dbtalle OF .000 Otneral obligation Central Kensi reninoule Noapit•1 Oervice•Ares Refunding Bonds, t98s Series A) ApprovingR an Esdrov Agreomontr A 0*p tin/ the ogler of Lectcher 6 Company for the Forehaoo of the Bonder and Datora(ining other OseNto of the Bonds" (Mayor) (b) Ion, 49-59 "Dooigneting the Newspaper and Awarding Tax rorecloiuse U C r th forlthe Tax Year L984 and the Oalinqume ►ereonel Property Tag Use" (Mayor) (a) B 1 60 "Approving an Interggeevvoffluntat Coopers- 4 senene Between the Nlklski rise Servies Area and the state of Alaska Deparenent of Uaturat Rssous'e$, Oiviolon of %restry" (Mayor) (d) ee 62-62 "Noeogntaine Cho '(car 1985 As Aleake'e x4magRaill Centennial (Mayor) t, 0001UANCr, RU NS$ (a) rA2_.-118s"Amending KPR 2,08 Pertaining ►" Cnndunt „ ace v Meetinfla" 10owall, otmiekf d, IIITNn1#1114 HM OV (IVI1111A1UJI lot Vnarl, t�} r/.22 "Dolegaling top1117R (,,fly of Moldo►rre the r to provide Zoning, tarot atlnn within the Ciry nod go M top, Moist Pnnlnawta Borough rbeptor 21,7f" !Mayor) Ilrl (4_1_ N rnandMhoto to the Kenat RIHI iiulA 'DormigIh notes Ten •Ardtllanao to Ind the Lovying n1 rho Tax on Vnyymrnt.a for Nootal of Neat property and V,nAInR Pnrahnamr LinblllryY for Toles Aer road and llopnln Oy Iha 6Nt ler of a Mualneae' 00111164181) Irf 9rd,-RA 01 '311rap�I/lrin/ $ ,fh�,099 for 061rao1 uryua li or In, n ��ans (1•04' 1Mny"►) K, P,01191"KNAT10N of M101,If1/0N0 lnl yy p, qq� ggtt 'rAVVrnvtng t6lSa Oahoot District Nfodgac T"r /la1nbl Year t9A9.0h phi �ti�r" FA rramilr�tal'►flavor► iiaeaat rvAaMe idgeway fire laeArea and i 6tata of Alas N Department of Naturs` Rooftorano, Division of %raterv' Mayor) 1ff, • " utho ►sing a Conlreat Nish Trsns•Atsoks Iugfi,;1;H/� Ins t o Cnnetnratinn tnapention al prowl Lako ond IMtsyot► TT Idl Kox-l?# C,an� sr=nt rrahfor clip Pnnstr�uetttoit fo ,U„ Nrown s Lake Read' tMaynrf if) o�w��l�g��g "�taaqfloorin DpprrnNore of the Proposed "gr►rlfittAas' saloon 11asby to Withhold Autharlss• Lion at the Derby Unttt A Ieblic /orutl to Irovlded and a DoterMinsrton of tee topaet on the Kansi Rtvor is Made" INarurol Resources Cslte,l 1g1 noat,, t�s• "Mrehnr``sing Negotiation of a "(:aopsrs• Ailrr�AiiA' nt Matt the North Isaittrr gin Ilonsing Anther t. tool 0 "Authoris{ the Borough to V.nter into al'As th Cook tote Region, tea, for Lande to Re Ilti teed Of Nart raninsrrto Recreation Area" Mayor) NT "Ilssofndtn1� Now, 01-6 and Authortsing Nn tftaUT4shhins CandLtione for the Oslo of Property to Conk folot Aquaculture ANnoelation" 1Msyerl L, PF,NDIM MAJOIAT1ON 17hto Itrsr lists legislation which Vitt 60 addresoed at a later time as notrdt not for motion this msasing) (a) Ord, 1s-110 "Amodling If Land U�r� r/an Ja[ t City of Kar(si !nr ,nt •A, Rlc s Crass 9uh - vialon Iron Crmoorvstion to Mad 1mt/Ili ions t Raaidenrlet, Oectlon 11, TON, R IN, O,M,' MLARyf/I (h) gopooditture /oAPiPtr)oi`otuegl`rir�podded 6e rFrog t.:e hro�U{tt Cho Desig�,nn Osyslopmsnt Ihsss sf Architeaturet sr project Ilona gsotan 6orvlo s !or th I�ropose t9 Rend issue Iro3sets lot tars Mop OIL I, I�i� 4 shoot and Oau,It of 6atdotns igh school r,As 9/7 fee Ord, 00.20 "Appp r))ppr�at,In� and Authorising rho Rspenditure oT A91, 60 u Borouggh Funds to proposed Through the Denton Development Vhaso 91 Arr-hir,Ns• total n 001OAdd etnnf o(staynr) 11MARtA�7na Rlsmentary to) 0 d, 81•Zt itP prnpristing 10 900 Iron the Unrlo• /upps1nnstot s dart� /Rant outs npRlsprograrmri qnr`rdPAobam: ta`veni'ty;1Rt� of a Mow vocrestlnnal /aetiley" (Mayo 1 IIRAg 9/1 (1) Ord, 84.49 "An Ordinance Notsbltsf�tn0 ohs Nall• fornaky I ro 6ervtse Are e to rrov d Fire Iro►on- tirrn sarvirs04 and providing car an Aloctold Board" Mayor) POTPMD TO 1/1 Ig1 Non, 09.22 "6upporti(rR he IvIttoertono of the City a( 11"mor and "No heea C ty a trenafc of !lands From file store for Poblta Ilse (0im1110 VIITIMMD 2/1 M, VORIM VNKIUUf1ATION6 NITIi PRIOR M(pflCo UPOP 6UIb1MIT6 NOT ON TUR MNRTIIMM ACKIIDA to, NAVOR's NV,P(MT ((4) hood Plot" Insurance 1b) Reapportionment suit 161 NeeponNs to letter conasrning drilling nerd (itProclamations Outstanding student Day 01 M911606111961 (N1 And �RTi MOM se/iivlt`ndtPA own safe saloon r, Amour AND "Avon's COIMLtfIt s 41 PFURI , MMFA iM TA P111114 rrafls fi�Atars UPON NATM,11 It, 1NFORMATIONAL MATMAL6 AND NLPORTO in) Vacation of if0od ard utility assoment described on Marron y A sd V thin proposed plot of Poop Crssk Pan ae�6, (b) vacation of Laho or,, s�uroe View 6 a 10 It, utt ity esosmens tying ant of 6Dpforce view 69„ raginkes tosses 6ubd„ goo, A, T1tt, NOW 6, I101149 0/ Nr,RT MOPRIMN AND ADJODRIMM MAY 7, 19011 r ,41t, :tl/, N90ov. r& 9r , E, APPLICATION AND CERTIFICATE FOR PAYMENT Ain 00(':UMENT G702 (Inslrucllons on reveme side) I'M:1 ONE Of I'MiS ' 10IOWNIR►: (fl'I'Y 01FKNAI 141011('1;R11novntfoil Will EX Wnuion of the „ P Al I 1 I(:AI ION NO; t; i x t)Istribulfon to, '►I11 b'idnll;o {Cn'eet Venni I,olice Peisurtolent: IlOWNLR F.vnui jAinnlul, 99611 IlRIOI)TO; 4/5/85 11AR(:1III I CT I I CONTRACTOR FROM itt1NIRAt.1OR):'1'il:l(IA(1 (.(►Nt4'I'RIIC'I'10N, IN(;, VIA IARC11111(1): VINCI+N11' fi'IN'1'01,1 ARCH11EC:1'S l 1 111431 0141 1;ewird Iljlshainy, flulL•e 201A P,O, Him 4671 PROIFC:T NO: 400-39 l I Anchorage, Almil(W 99509 Kenai, Alankn 99611 ' C'ONTRACI FOR: lication Is madu for Payment, CONTRACT DATE: 13uptember 24, 1984 1 CONTRACTOR'S APPLICATION FOR PAYMENT Continuation Sheol, AIA Document G703,IIs attach„connection with the Crmlract, I C11ANC;t. 011019 R lot IMMARY 1. ORIGINAL CONTRACT SUM , , , , , , , , ,, , , , , , , , ,, , , , , (adnlle Orclery dpprlsvecl in AI )1)FI IONS I) J ' ) 2, Not change by Change Orden . .. . . . . . . .. . .. . .... . . 5 �1$,a$1.(tQ fort viouy months by l )woer 3. CONTRACT SUM TO DATE (Line 1 a, 2) , ,, , , , , ,,, , , , , f 1ub, 781 _ oo r IOIAI 4. TOTAL COMPLETED & STARED TO DATE , , , . , , , , ... , Ais roved Ihin Mol[iln (Column G oG7 n 03) �Ir T tfi �li� S, RETAINAGEs Cants yx3, 9/1:oo ..,I Number I ),ui! App5,99900 � riwl�tf a, �, ��, u1(;ump toted Work f G'rr I I/2$/s4 ,. � � TWO 01 / 14 /85 1 , 610 , 00," (Column 1) + L' on 670.3) Throe 02/ 21 /fir 11,172 , 00 ,1" a b• LA— % of Stored Material 6 ti (Column F on 6711.3) Total Retainage (Line Sa + Sb or yx� 3 7A, oo t34Q jzY !� T(itill,a "I� Total in Column 1 of 0703) Nol chat/ IIy C'Intn�u Clrelurs, _ _ _ _ 6, TOTAL EARNED LESS RETAINAGE . . . . . . . . . . .. . ...... S The undoralllood C'onirac for curliRes that to the bust csf the? C:ontractor's knewvle ge, (I.Ine 4 less Line S 'Total) 3 ffl, J yb,00 information dnd heNuf Iho Wirrk ulverc!d b Ibis A Ifcalfton for Pa y mint has boon 7, LESS PREVIOUS CERTINCATES FOR Pp y 333 yr(6.00 . compleled Ill'it c onldoce will) the 0intral t Doc umenty, that all amounls t►ave been PAYMENT (Line 6 from prior C,urliffcalR) • -.. • .. $ _33nan An /� ftald by the C11011rdc ter for Work for which previous C artiffc ate,, for Payment were 6, CURRENT PAYMENT DUE , , , , , , , , , , , , , d / i*sued and payments received from the Owner, dnd that current payment shown 9, BALANCE TO FINISH, PLUS RETAINAGE , .. , .;, ;, egg herein is "Inv due, (Line 3 less Line 6) C:ONIMACTOR: stale of: C ounly'af: ` e subscribed and sworn to before me this "day85— Ry,�,re!t1eloalli,Apri.l 8, 19N3 Notary Public: My C:nmmfssion expire o? � � _� .... • Art- ft- ARCHITECT'S CERTIFICATE FOR PAYMENT AMOUNT CERTIFIED . . . . ... . .. . ..... . . . . � ... , , , s (Attach explanation it amount ertilled dil/ero from the amount applied lot accordance with the 0onfra6f Une untenis, loaned toot on -We tohse•rvatitony and the AR(:HI'lEI:T: _ data tom risingg the dbcwu apslicaNurs, Ilia Archlfcscl a edifies to the Owner Ihat to the //9 bustofthisArchitect's knelwfesifga, in/c,rmatiun and heliel Zhu Wink hay pregres,+,ud as gy, _�• I )ate; Indicated, the quality III flits Work is in accordance with the C:onlracl Din umunls, and This Certificate is N negtfaille. The AMOUNT Cl IlTIF1ED is payable' the C ontractur fa entitled to payment of the AMCriIN t taKl lFikl), Contractor named herein, Issuance, payment and ace uptanceof payment prejudices to any rights of the Owner or Contractor tinder this Contract MA fiftUAIIW 11107 • AV I(VION ANI)CFRWFICAFF FAK PAYMMI • MAY IOa r IDIII 1N • AIA• 0 t 1981 -- — - lHt AMINHAN fN4111U0 11I AW 10114 h, 1715 NEW YOIeK AVFNIW, N.W., WASHIN1,ION. 04, LIMMIh I / h 1 r i r I 'r k ' i i i 11 � 1 !k 1 1 �i < i %mow , CONTINUATION SHEET AIA DOCUMENT C703 (Instructions on reverse side) PAGE 2 OF 4 PAGES AIA Document 6702, APPLICATION AND (:ERTIFICATL FOR PAYMENT, ronlaining APPLICATION NUMBER: Common's signed Certification Is attached. APPLICATION DATE: In tabulations below, amounts are slated to Ihp nearest dollar. PERIOD TO: Use Column I on Contracts where variable relainage for line Items may apply. ARCHITECT'S PROJECT NO: A � B C D E F G H I ITEM NO, 0E5CRIP110N OF WORK SCHEDULED WORK COMPIETED MATERIALS TOTAL % BALANCE RETAINAGE FROM PREVIOUS APPIICArION THIS PERIOD VALUE PRESENTLY NOT COMPLETED A D STORED lG+C) TO FINISH (C-G) (Dt 0DATE IN D OR E) (D+E+F) MOBILIZATION 1,146- A17- 917- 80 229 92 TEMP. FACILITIES 675 - 675-" 675 r 100 --- 68 PROJECT SIGN 562 -" 562- 562- 100 --- 56 ENGINEERING 4, 555 i 4,100 - 4,100 r 90 455 410 BOND 6 INSURANCE 11, 808 -, 11, 808 - 11, 808 - 100 --- 1131 DEMOLITION 13,955, 12,560- 12,560- 90 1,395 1256 SITE 6 EARTH WORK 16,333., 14,700- 14,700- 90 1,633 1470 CHAIN LINK FENCE 888- --- - --- -- 888 --- LANDSCAPE 10,065- --- r --- -- 10,065 --- PAVING 15,744- 12,595- 12,595- 80 3,149 1260 FOOTING 3,300- 3,300- 3,300- 100 --- 330 INTERIOR SLAB 13,500-, 13,500- 13,500- 100 --- 1350 EXTER. SLAB 6 CRUBS 11,130- 7,791- 7,791- 70 3,339 779 REINFORCED MASONRY 15,310-, 15,310- 15,310- 100 --- 1531 MASONRY RESTORE 3,245- 2,272- 2,272- 70 973 227 MISC. 6 STRUCTURAL STL. 6,691- 6,6911 6,691D 100 --- 669 DEMEN LUMBER 10,644- 10,644- 10,644- 100 --- 1064 ROUGH CARPENTRY 67,116- 60,404- 60,404- 90 6,712 6040 METAL STUDS 4 , 000 - 4 , 000 - 4 , 000 - 100 --- 400 GLU-LAMS 5,150i 5,150- 5,150- 100 --- 515 WOOD TRUSSES 5,620- 5,620- 5,620- 100 --- 562 FINISH CARPENTRY 35,229-- --- .1 --- .' - 35,229 VAPOR BARRIER 6 INSUL. 5,699-1 5,414- 5,414- 95 285 541 WOOD SIDING 5,938- 4,750- 1069 5,819- 98 119 582 BUILT UP ROOF 19,253-," 17,328- 17,328- 90 1,925 1733 H. M. FRAMES 6 DOORS 10,582/ 5,291 5,291- 50 5,291 529 WOOD DOORS 6,623- --- 3311 3,311- 50 3,312 331 WOOD WINDOWS 3,497' --- --- -- 3,497 --- 308,258 225,3811 4380 --- 224,76ti 78,496 22,976 X ._.or 1 AIA DMA &M - APPLICATION AND CERTIFICATE FOR PAYMENT • MAY 1993 EDITION - AIA• • 4+ is . i THE AMERICAN INSTITUTE Of ARCHITECTS, 17A NEW PORK AVENUE, N.W., WASHINGTON, D.C. 2M � (,7019113 I i I I. ) i I 1 } . 0 CON o INUATION SHEET AlA DOCUMENT C703 (Instructions on reverse side) ME 3 Of 4 PACES AIA Documunl G701, APPIICATION AND CfRTIFIL.AIL fOR PAVMLN'I, conlaining APPLICATION NUMBER: r Conlractors signed Certification is atlached. APPLICATION DATE: r f In Tabulations below, amounts are staled to the nearest dollar. PERIOD 10: Usti Column 1 on Contracts where variable retainage for line items may apply. ARCHITECT'S PROJECT NO: , A B C D E F G H 1 ITEM NO. DESCRIPTION OF WORK SCHEDULED VALUE WORK COMPUTED MATERIALS TOTAL % BALANCE RETAINAGE FROM PREVIOUS APPLICATION THIS PERIOD PRESENTLY STORED COMPLETED AND STORED (G+C) TO FINISH IC-0 (D+E) INOT IN D OR EI TO DATE (D+E+F) FINISH HARDWARE 12 , 3 70 - --- --- 10,000 10 , 000 - 81 2,370 1,000 CLASS b GLAZING 7,411- --- 7040 --- 7,040- 95 371 704 GYPSUM HOARD 6,871..- 6,184 - --- --- 6,184 - 90 687 618 CERAMIC TILE 171431.- 99W 780 9,926 i1;394(0110 66 5,927 1,150 ACOUSTICAL CEILING 9,840- 3,444 3,444 --- 6,888- 70 2,952 689 RES. FLOOR b CARP. 14,496-- --- - 4,349 --- 4,349- 30 10,147 435 SPEC. FLOORING 2,740- "-" --- --- --- 0, -- 2,740 --- PAINT b TAPE 22,480 - 4,496 - 8,992 --- 13,488- 60 8,992 1,349 WALL COVERING CHALK 6 TACK BD. 16,644- - *-.99-3' uo --- 4,847 9,849• !, !_ , 59 6,804 984 597 -- z -_- 597 FIRE EQUIPMENT 376 - --- . --- --- --- 1 -- 376 --- IDENTIFYING DEVICES 1,025- --- - -- 1,025 --- LOCKERS 6 BENCHES 7,829 - ---- --- --- --- -- 7,829 --- TOILET ACCESSORIES 2,755- --- --- 2,400 2,400 87 355 240 TOILET PARTITIONS 2,825- --_ --- --- - -- 2,825 --- KITCHEN APPLICANCES 600- ---' --- ___ -__ __ 600 --- CABINETS 3 STORAGE 19,787- --- 1,979 --- 1,979 - 10 17,808 198 WINDOW TREATMENT 562 - ---' --- --- --- - -- 562 --- FOOT GRILLS 1,400- --- --- --- --- 11 -- 1,400 --- PLUMBING BOUGH -IN 19,030 - 17,127 - --- --- 17,127 - 90 1,903 1,713 HEATING ROUGH -IN 4, 530- 4, 530 - --- --- 4, 530 - 100 --- 453 PLUMBING FINISH 21,747 - 4,360- 4,339 --- 8,699- 40 13,048 870 HEATING FINISH 5,437- 1,631- 2,175 --- 3,806-- 70 1,631 381 SHEET METAL 29,902- 26,912- --- --- 26912- 90 2,990 2,691 CONTROLS 9,967- 4,98!kN --- --- 4:983'1 50 4,984 498 ELECTRICAL ROUGH -IN 47,841- 40,665- 4,784 --- 45,449- 95 2,392 4,545 ELECTRICAL FINISH 28,000- 9•;i6 'r 9,819 --- Pi400-• 70 8,400 1,960 9 ►9 314,493 47,701 27,173 704,iNi-- 109,715 22,082 116 33 1' or 9/ 07 c A14 DOCUMENT GM • APPLICATION AND CERTIFICATE FOR PAYMENT • MAY 198! EDITION • AIA• • w 1963 THE AMERICAN INSTITUTE OF ARCHITECTS, 171S NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20M i r G70ti•1903 , I I 1- 4 f u Ii .i CONTINUATION SHEET A/A DOWN C,703 (Instructions on reverse bider PAQ 4 01 4 PAGib AIA Datumenl 4702, APPLICATION AND CLRTifICATE FOR PAYMI NT, containing APPLICATION NUMBER: C0111ydL106 bignUd Cerlilkdtion is d(lached• APPLICATION DATE: In labulalionb below, amuuntb are slated 10 IIIU 11W(US1 dollar. PERIOD TO: Ube Column 1 on Contraclb where variable relaindge for lim? items mdy, apply. ARCHITECT'S PROJECT NO: D -E H ITEM DESCRIPTION Of WORK SCHEDULED ED WORK COMPLETED MATERIALS TOTAL % BALANCE RETAINAGE FROM PREVIOUS APPLICATION THIS PERIOD PRESENTLY STORED COMPLETED AND STORED (G+CI TO FINISH (C-G) ID t E) (NOT IN D OR F) TO DATE ID+E+FI FIRE ALARM 91000-- 900 1,350 --- 2,250 i 25 6,750 225 PUBLIC ADDRESS SYSTEM 4,000 - --- --- --- --- -- 4,000 --- MANUALS 6 AS -BUILT 2,249 - ""- --- --- -- 2,249 --- 15,249 -- 900 -1 1,350 -' --- 2,250 12,999 225 TOTAL 638,000 i 35i,69"0 , 27,173 / 436,799, 201,210 45,283 r '. , t = AIA OOCUMdO C10• APPLICATION AND CERTIFICATE FOR PAYMWT • MAY 178! EDITION •AUK et, • THE AMIRICAN INSTITUTE OF ARCHITECTS, VJS NEW PORK AVENUE, N.W., WASHINGION, O.C. I i� �6z//4 ��,,,�� ;S a• tea& BILL NELSON INS�'ALLAfIONS �rrAAV�,` P.O. Box 2436..t ` •' ,. ,, ,.� .. � ` ���• 80LDOTNA, ALASKA 99669 . 1985 Kenai Police Deptet 283-4171 April 4 Tikigaq Construction....:::...:�:..• •:-.::..,:....:..':.,'..:.;,va:��.�• 4831 04 Seward lltcbway, Suits 201:1 ' I Anchoraga, Alaska 99503 A :'OOUNT ' QTY. +�_9C t F�ttG?J PPIZQ .. `. —_, 12 1 3x5 Sheets wonderboard 26.60 319 20 ?:::tal]•atir.n of all 32 sheets of..: :dLrLc;srd 720 00 :: �sf i't4ri n W. installed _.2,857 .00 330 sf .Sandalwood 4x4. w/trim installgd._....�. 2,353 + 00.- I I�I 340 .sf Dawn grey_.1x1, _....-: ___:__...- ..._ _.-1. 1,649 ; 00.. I� 110 sf Horizon lxl _ ..'_.. . - . -. . . (_ 1.. _.. _-. 533 .; 00.,... ° 50 sf s Shell 4r.4 and trim 287 00 52 sf Corralline lxl 252 00 :0 of Blue mist_ tx4 read tri:a :lnd on installed portiuns of Lite misty. Part of the I•as been inelu:,:+l that iti nqt op;the' : job.. Sao part of Installation riot completed .- `included. � ' 1 • "'.• =L 1043 %r. carmen vincent gintoli ' architect LEVVIER OF UMla1RSOMOVIM1L 130 trading bay road kenal, alaske 99611 (607) 283."32 DATE JOfI NO. AT ENTION V TO Ns• WE ARE SENDING YOU 0 Attached 0 Under separate cover via the following Items: i 0 Shop drawings 0 Prints O Plans 0 Samples O Specifications O Copy of letter 0 Change order 0 THESE ARE TRANSMITTED as checked below: 0 For approval 0 Approved as submitted 0 Resubmit copies for approval O For your use pproved as now 0 Submit copies for distribution 0 As requested 0 Returned for corrections 0 Retum corrected prints 0 For review and comment 0 C] FOR BIDS DUE 19 O PRINTS RETURNED AFTER LOAN TO JIS J COPY TO SIGNED: /► mm; RI r,.GEsss mill H NIOf w" •n no of row, *left Rainy w N a i i �v O FEDERAL EXPRESS .VN Fo - t a Rea Meyer Real EsTwe r rcpemiss, � tca. 3800 S.E. 22nd Avenue P.O. Box 42121 pamnd, Oregon 97242 April 1111995 Mr, Bill Brighton Mr. Tim Rogers City of Kenai P.O. sox Soo Kenai, Alaska 99611 Gentlemen: Enclosed please find our check in the amount of $5oo.00 together with our application to lease from the City of Kenai, tracts B-1 and B-2, C11AP #4. We have also enclosed a preliminary site plan stowing the development of a full service Fred Meyer Retail Store. As you may be aware Pred Meyer, Inc. operates 92 retail stores in 6 western States and achieved sale volumes in escess of 1.5 billion dollars in 1984. We are pleased to initiate our develo;oont plans for the Kenai Peninsula and look forward to a Fred Meyer retail facility in your community. It is our understanding that upon acceptance by the City of Kenat, we Will receive a Draft of Lease Document outlining the fivanciai terms and conditions of occupancy of the above described parcels. If, in the event the terms and conditions of the Loa" cccument are materially difterent from our previous discussions, Fred Meyer Real Estate properties, Ltd. shall have tho right to terminate negotiations with the City and forfit our leatA application deposit. we forty rd to a favorable response to our application. vet trul ours, /Assistanir Vice President Corporate Real Estate SX6ssgae ccs Steve Turlis fled AftWftWE0ar0Ropemes.Ud.isant roWlinwWpo f1whiAondd10OMOdOWNVWMfWPWN% hO opre*ifotfhevwokxka*toff*osaetfofffpWWCRhOlOSCfafvoonnefah►Pabl+Ao►W&cndnottotnSCWN d ow d the partners. { i 1 f CITY OF KENAI CHECK LIST FOR SITE PLANS ALi. isc":iS MUST 3E _ MPLcTE.ri BEFORE APPLICATION CAN BE • .' Drawings should be drawn to scale Ills 50 ft.*, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must shows 1. Existing buildings NIA 2. Proposed buildings 3. Perking facilities • (how many spaces and where located) 3.5-4 cars/thousand 4. Site improvements sq. ft. a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural. vegetation and/or proposed planting areas) 5. Building set backs fit_ 6. Drainage plan and method of snow removal x 7. Circulation plan (all entrances, exits and on -site access) x 8. Location of sign(s) - sign permit required 9. Fencing NA 10. Curb cuts (where applicable) X_ 11. Building height 24t26' 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 To be completed *This does not have to be drawn by an architect or engineer. 2 r' f CITY OF KENAI CHECK LIST FOR SITE PLANS Aw. :iE:iS mUST, 3E :.OMPL::iED BUORE APPLICATi�V CAN BE Drawings should be drawn to scale 111a 50 ft.+, and must show layout of the lot applied for and the location of all improve- ments proposed. Drawings must shows 1. Existing buildings NA 2. Proposed buildings • 3. Parking facilities (how many spaces and where located) 3.5z_4_,_ars/thousand 4. Site improvements sq. ft. a. Areas to be cleared and method of disposal b. Proposed gravel or paved areas c. Landscaping plan (retention of natural. vegetation and/or proposed planting areas) 5. Building set backs x 6. Drainage plan and method of snow removal x 7. Circulation plan (all entrances, exits and on -site access) x 8. Location of sign(s) - sign permit required X 9. Fencing N_ 10. Curb cuts (where applicable) _x 11. Building height 24t26' 12. Buildings on or near the airport on airport lands must complete FAA Form 7460-1 To`be co!npleted *This does not have to be drawn by an architect or engineer. 2 H 7 BUILDING INFORMATION On kb*': sheet auhnit a drawing of building Qlnnned, drawn to scsls, iC4.L,j ; " s ft . i Conatruction Materials (wood Frame, steel building# etc.) I Concrete, Ilood or Steel Roof Structure, 81ab an r~rnAn THIS DRAWING SHOULD BE AS COMPLETE AS POSSIBLE r i . it I :Votes if a prepared drawing is submitted, attach to this ao lication and disregard this page, filling in construction materials - - - -- only. 3 t 0"Ol-NN • . / �// KI.= t'°) Ai ALAS-71,,�'Is. 1Mr U a IoAgn Inwln# rnA 11 00 /a/rrrp �r { �� f �' /� F.� AAt� Q (� CI M IqA Mrrep Mr, M it not MIIn/rd u 1 a ♦ ' 1 u�o low a wffil i� ussfr d sr nn�ln�r�ln� lEAII l ll q* �j�� AI �nr, 1hN InwM� b nM of 1» =100 a aq � foll"I Y/1/ wpMeW wlT �rrnrlrrlsn /leer r' 1 RS �,� �',� drawn by 4 f; ' I 1 /n,1M�ra /qt:i n/ 0lll�, •_ m MORMON R.y t ,f i . . 14 - - .- - -- . - -- - . . A- RUFWN" (90" 966,1135 LiEqistAT*IvE BWEAW 105 MUN IPAL WAY, WM11MI . JUNtAU, ALAf14y4A�'1 ' April 12, 1985 MAYORS 09T COXMiTMW ON HURCUAL FINDING - Members of the Alaska Conference of Mayors got a verbal commitment from Governor Sheffield, senate president Bennett and Howse Speaker Grussendorf that PY86 funding in municipal assistance, revenue sharing and school foundation funding would not be below riff levels, The mayors met with the State leaders Tuesday and got a commitment that funding of the major municipal programs would not fall below r166 levels in spite of the revenue declines, with that commitment, municipalities will have an easier time putting together their budgets and holding down tax incresses, NATIONAL 8CZNZ - Alan Beals, Zxeoutive Director of the National Leagm of Cities, in his April S Activity Report memo said that the House and Senate rescinded the onerous SRB regulations on the personal use of public vehicles, recordkeeping, eta, Deals also reported that the senate Majority reache4 an agreement with the president to restore full funding of federal revenue sharing through september 30, 1986, afterwhich the program would be terminated, other agreements negotiated on the 052 billion deficit reduction package includes - 100 out in the Community Development Block Grant program - elimination of DRAG, SOAP small Business Administration, rural housing, and Job Corps - $2 billion auto to public transportation over that next three years - cuts in public housing - 02,6 billion outs in federal highway program over the next three years - all other city programs would be frozen at current funding levels, More action is expected the week of April 22, Municipalities should not give up on lobbvinc our Alaska Congressional delegation on maintaining and aef�t�ii r �it-p� wool General Revenue Sharing program for three years at current levels through October 1, 1909, 0,319, introduced by Sens, Heinz (R-pa) and Sasser (D-Tann), would extend the ORB program for five years through 1991. 8.318•has been co -sponsored by,, Son. Murkowski and League members should encourage Ben. Stevens and Congressman Young to co-sponsor and support these bills as well. scorn CONSTWOZON - We reported the work draft of 8o 91 in the lest bulletin, no House HZsB Cosmittes boa also begun work on school construction funding lsgisiatlpn this week, and is using He 191 as the vehicle, which is sisilsr to 8s $1, The work draft for HD 191 (1) formally establishes a school construction grant accountr (2) ragaires applications by October 191 (31 sets priorities for the Department of Zducation to consider including local L Legislative Bulletin 014-12 April 12, 1985 Page 2 contributions (4) sets eligibility requirements for grants including "no frills standard", public notice, and unhoused students or health and safetyl (5) provides for debt retirement at 500 after June 30, 1983 and before July 1, 1985 and 800 after June 30, 1995 (no reimbursement of cash payments)# (6) annual maintenance and operating costs information must be included on the baitotr (7) 800 allocation will be reduced by interest earned) and (8) when State grant and bond funds are used, the amount of the reimbursement is limited to 500 for that amount. HOUSE COMMITTEE ACTION HE 15 • Annexation Adviso Eleations The House C6RA Committee heard HS 15 and rep -laced it with a C8 with 4 "do pasa" and 3 "no recommendation". The CS requires a municipality, home rule and general law, to hold, and lRay for an advisory election in the area to be annexed for an annexation they propose under the Legislative process. The state would pay if the proposed annexation is not requested by a municipality. The CS also says a municipality WX conduct and pay for an advisory election in the area of the proposed annexation (2) located within a municipality or (2) proposed to be annexed to the municipality. The bill carries a 08,000 - 10,000 fiscal note for the State but does not indicate the potential cost to the municipality. Referred to state Affairs Committee. HB 42 - State Dis sal within a Communit s The House CARA Committee reported "a— backa CS or W 42 w do passand one "no recommendation". The CS says that DNR cannot dispose of land without aggwal of the community (not nominstion)f excludes leasing of tide or submerged lands and defines "community" as that eligible for state revenue sharing. M L27 - AW&Mr.96 W vL1L1L1WB Gila cAW]WWUW WBr.M lit Dr.&W A&rWL'%5# VWJ6&9 tam t es and H a rot THe bar was considered and replaced with a CS ( .revisions) ) by the House Transportation Committee. It was reported back with 5 "do pass" and i "no recommendation". The bill requires a permit for encroachment or removal at the cost of the owner if not under a permit. Referred to Sinanae. 18 160 - Utility Relocation Cost States House Transportation considered and reported bath a Cs for HB log with 5 "do pass" and 1 "no recommendation". The CO says the cost of relocating a utility for highway construction is to be paid bys 1. the State if installed under permit after the immediate effective date of the bilir 2, the state if installed before the effective date 3. the utility in all other cases unless the state wants to. Referred to Sinance. Legislative Bulletin #14-12 April 12, 1985 Page 3 HB 190 - Senior Citizens Housing Fund# The House C&RA Committee considered and replaced HB 190 with a CS with technical changes. The Committee reported it back with 2 "do pass" and 4 "no recommendation". It has a $109,000 FY86 fiscal note. Referred to Finance. HS 139 Administration of Certain Granter The House C&RA Committee considered H8 139 and replaced it with a CS and —A Letter of Intent (see below). it was reported back with 1 "do pass", 1 "do not pass without amendments". The CS says the Department of Administration shall adopt regulations for 315 and 316 grants (As 37.05)1 says that required audits will be a cost of the grants and that the regulation "may not interfere with the implementation of the grant" but prevent "mismanagement" and "misuse". The Letter of Intent is as follows: OMMUTIZZ fMM FOR ..I. �MOM am u9(cuu) "The Uouse Cosuittes On coasunity and negionai Affairs has co mideswl noose sill ISO at length. During cosaittse discussion the followingq seas were aap considered ropriate for the focus of requlatlon. I. fatsblish"At of adequate aooeuntinq procedures to mnse a"sops docuuentatlen of flumudal aotivityl :ProiePro LlOn of an annual statue report on Ongoing f. rrOjeat MMIO ion Within r yeers, with :Hach lapel" alter that else subject to se onpsiation/ .. a. Cospliaaae with leas end state law requiredi S. Prohibition of discrisinstion in hiring by contractors including all constitutionel Protections PX11psahhlb ti of diaiorislnation based upon politio" lation ofa0 rude to be deposited in a t"Grally insured Interest�bearing account or federally insured I. Audit ragwirgaiter snd •. soccomesart at local hire." Referred to Finance. 0 F ii Legislative Bulletin ' April 12, 1985 Page 4 HB 226 - School Boards: The House HESS Committee considered and reported back a CS for HB 226 with minor revisions with a unanimous "do pass". Referred to Ruiess see "Floor Action". HB 283 - Historical Property Loans: House Special Committee on state loans reported HB 283 out with 3 "do pass" and 2 "no recommendation". Referred to Finance. HCR 20' - Maximizing Local Hire: The L&C Committee reported out a CS for HCR 20 and a letter of intent (House Journal, p. 050) calling for the report by the first day of the second session and an expanded reports with a majority "do pass". Referred to Judiciary. SENATE COMMITTEE ACTION SB 69 - Sale of Alcoholic Beveragess The Senate C&RA Committee reported out a CS for BB 69 with minor revisions with a majority "do pass". Referred to Judiciary. SB 84 - Motor Vehicle Laws and senior Citizen Vehicle Tax Exemption: Senate i Judiciary reported out a CS for SB 84. The bill tightens up the senior citizen tax exemption program under AS 29.S3 to (1) allow only one senior I citizen exemption per vehicles and, (2) to not reimburse the municipality if it offers the exemptions for all vehicles. Referred to Finance. HE 81 - Motor Vehicle Emission Inspection: senate State Affairs replaces HB 81 with a CS with minor revisions and exempting vehicles that use a fuel that does not emit carbon monoxide. Referred to HESS. SH 142 - Title 29 Revisions: Senate Judiciary took testimony on CSSB 142 (C&RA) but took no action. The Chair has tentatively rescheduled the bill for next Tuesday, April 16. Testimony and dents addressed were: 1. City of Wrangell objects to several sections which they feel unnecessarily limit the authority of home rule cities. 2. Rural Electric Co-ops: (a) clarifying utility regulation by municipalities and (b) limiting a municipality to operating utilities only in areas adjacent to its boundaries rather than anywhere (non-contiguous to their municipal boundaries). 3. Chairman Rodey is considering an amendment to limit a municipality's 1 ability to regulate firearms. J SB 193 - Eminent Domain: The Senate Transportation Committee considered and replaced SB 193 with a CS (minor changes). The CS was reported back with 3 t "do pass" and 1 "no recommendation".- Referred to Judiciary. s SB 250 - Tax Exemption for Improving the Appearance of Property: The senate C&RA Committee considered SB 259 and replaced it with a CS with 2 "do pass" and 1 "no recommendation". The CS would not repeal AS 29.53.025 which provides for exempting improvements. Referred to Finance. - - - - - - i- - Legislative Bulletin 014-12 April 12, 1985 Page s HOUSE FLOOR ACTION CSHS 226 (HERS) - School Boards: The House passed CSHB 226 (HESS) on Wednesday (April 10), 39-0. The bill provides for 7,9, or 11 school board members elected at large or by district, according to AS 29.23.021-031. COMMITTEE HEARINGS/MBETINGS IN THE HOUSE Community & Regional Affairs 3s00 P.M. Behrends 209 HB 343 - General Obligation Bonds Issued by a Municipality ---•- Fri., Apr. 19 HCR 23 - Joint House/Senate Committee on Unorganized Boroughs --- Pri.,Apr. 19 Finance 1s30 P.M. Capitol S19 HB 294 - preferential Hire ----- Tuesday, April 16 HB 295 - Approp.s Study Unemployment in Alaska/Alaska Hire -•-•- Tues.,Apr.16 RJR 24 - Fed. Revenue Sharing/Outer Continental Shelf ----- Thursday, Apr. 18 Health, Education & Social Services 400 P.M. Capitol 112 continued from Friday, April 12 . . . HB 191 - State Aid for School Construction ----- Wednesday, April 17 RB 257 - School Funding - Local Effort --«- Wednesday, April 17 HB 309 - State for Education ----• Wednesday, April 17 Labor & Commerce Isis P.M. Capitol 102 RB 176 - Wage states - Public Construction Contracts (Statewide Teleconference - All Sites) --•-- Wednesday, April 17 Resources 800 A.M. Capitol 118 HB 111 - Local Service Roads and Trails ----- Friday, April 19 State Affairs 3300 P.M. Capitol 102 HB 91 - PERS Retirement Credits Unused Sick Leave - Monday, April 35 RB 252 - PEN - Contributions/Retirement Age/8enefits ----- Monday, April is Legislative Bulletin 014-12 April 12, 1985 Page 6 IN THE SENATE Community 6 Regional Affairs 300 P.M. Boltz Rm 211 SB 270 - Residency Home Rule Charter ----- Tuesday, April 16 SB 204 - Architects Surveying Contracts ----- Tuesday, April 16 Judiciasv 100 P.M. Butrovich 205 SB 142 - Title 29 Revisions ----- Tuesday, April 16 **** TENTATIVE **** HS 50 - Alaska Bidder Preference -•--- Tuesday, April 16 NEW BILLS IN THE HOUSE NCR 23 - Committee on Unorganized Boroughs Introduced by Marrou and Jenkins, the resolution would set up a committee of senators and representatives to study dividing the one unorganized borough into 4 to 12 unorganized boroughs and report back to the Second Session of the 14th Legislature..Referred to C&RA. Single Audit Act of 1984 by Frank Shofroth Director Office of Federal Relations Notional league of Cities IN ITS FINAL DAYS, the glib Con- pess tompisted anion on the Singh Audit Ad of 19M, %'8l1at the faces of federal audit requlranents away from in• dWWual wean tied towardi the pant re• cipleaL The new Act, which b effective for Pis- ed yens b%mhtg after Dec. 31.1994, will affed air doles. As enacted, the big Is Intended to replace slat may narrowly focused sdiis of indlvMusd pant pro- grams required under current law. The legislation provides for the cost of slash audits to be shared by the federal govern - Matt. As passed, the Ad applies to all sow is which receive any federal as• sistanoc For cities radvins ova f100AW an - an*. d oWnShaudit moat baperfomrod annually. For doles salving between $21.W and SI00A00per you, the city may sled a singleauditor comply with ibs audit rat qutremats of the !egad programs from which they receive assistance Municipalities radvins less than S25A00 annually are exempted from the audit requirements, bat must maintain appropriate records to document their grew,11110 purporaoftheSingleAudit Ads ate to., — Improve financial manssement of governments wish regard to federal Rama - clot "$him oat programs: — Establish uniform requtramats for s dha of such programs: — Promote the efficient and effective use of audit rnourea; — Ensure that federal agencleh ro she entudmum extant practicable, rely and use audit work pursuant to the Ad. AUDIT REPORT The single audit Is Intended to be the decisive audit of. (dad subtance pro• sroms twelved bys city. TheAadoes not prohibit federal agenda from conducting additional sudia, but don require than to rely on the slash audit /lndinsa and pay any additiond audit costs. The new single audit must eoaWn at lag three unions — An auditor's opinion whether the general purpose WNW statements fair- y► present the Qneneid position of the city and the results of its financial operations in secordance with generally accepted as- eoundal principles. Further. the audit must contain an auditor's opinion whether the supplemental statement of sdened pant activity presents lately the actual grant Bats in reiubn to the lewd purpose financial statements. — An auditor's gatemen& whether to Internet control system exists to provide reasonable assuuanoe that federal funds as managed properly. Although an opin• ion on the overall Internal control system is not required, the auditor mug study this sWeu and report any mataid wak- nesses found. — An suditoes statement about com- pliance with muerid grant requirements. The statement should provide enough in- formation to pemth fedad maslas ro determine if their programs are being ad• ministered in compliance with liable laws and regulations. A of all Instances of nammpthm or questioned costs disclosed by the single audit must be included. Frequently, noncompliance matters are summarized in a separate Statement. The single audit report mug be no to the appropriate federal officials and mug be made available for public bupection within 20 days stiff it is completed. AUDIT COVERAGE The single audit mug include compii- ante moos of tronsaotbmof acts major federal oni --- program. %gather with, a representative sample of other pro• trams. A major federd aubtanee pro- gram Is daflaed a the larger of 11MA00 or 2 percent of graaFfundod expenditures for Ilia which have $100.000 to f100,000A00 of pant funded expends. turn; a sliding safe applies to the lama cities which have ova $100 million of gr to addltIM, she audd kwi mug review programs for compliance with a number of broad requirements. — Use of (edad funds for prohibited political activity Davis -Bacon Act provisions — Citizen participation Civil fights matters — Cab numsemeat The ad require cities to maintain ads- quats internal control systems to assure that 1) federal funds are properly die• isibutcd to subreciplents (includins non- profit orgonkstions), and 2) subtedpi- ens spend the funds property. A city should use the dosle audit report of its subredpleats as a mans of evalustins their grant administestion. Alternately, a city may choose to ex- pand its single audit to the subreeipiat level as a mans of maintsinins proper comets ova subrecipiem apendiwres of federal funds. All tubrecipieat scolds mug be available to the ladependent auditor of the subjrantor a a conditfan of the sub rant. ENFORCEMENT When a single audit d aim non- compliance or weakness in bntanal con- trots, the recipient city mug submit a written re�onse to appropriate mast officiaIs. if the city specs with the And. ings, its response mug include a plan to correct she Identified problems, If the explain wwby, I"f a simply does it �plyy, she act requires the office of [ snaCme rat and Budget to report to Coppers let in and annually thaafta any aoscomply. IRS governments. WHO PAYS FOR THE AUDIT[ Federal cog sharint can hsip let part to defray the cost of single audits. Rdm- bursoment by the federal government Is generally unshed to she ratio of teal it& ad assistance expended by a city during the you audited to the eity's toW ex- penditures for that year. Howeva, a elty an obtain additional funds to coverears costs due so ohs single audit requirements, if it submits docu- mentation that meets OMB guidelines. Since ohs time and expense required to conduct a single audit Is genadly much or local programseater then dot (due (due to uiredfpartly mD14 or sued sad other requirematts), tt b ins• portent that the OMB guidelines be fo4 lowed or the slash audit may can a lout government far more than is t SNY• TMs anklehradaled from d a Novemba 12, 9984 edition of NaYoa's OWn NO&. L-- 0 r LEGISLATIVE BULLETINS - INDEX As of 4/5/85 SENATE BILLS BULLETIN NUMBER SB 7 State Income Tax 01 88 8 Personal Safety in Public Schools 03, 10 88 12/13 Federal Budget Impact Fund 01, 5 � 88 16 Asbestos Removal in Schools #I 88 21 Employee Background Checks #I t 88 27/28 Training Programs on Prevention of Abuse of Minors 03 { CSSS 28 #6 s 88 29 Domestic Violence 0, 8 88 31 State Hiring in Rural Communities 01, 2, 3 SS 34 Campaign Funding M1, 2 8B 36 PERS Credit for Unused Sick Leave 01, e SB 40 Agricultural Product Incentive Program 01 SS 42 Agricultural Right to Land N1 SS 47 Community Water, Sewer and Solid waste Project #1, 4, 5, 7 Grant Funds SB 48 Clean Air Grants {11 08 50 Population Determination and Entitlement Recalculation#1 88 51 School Construction 01, 3, 11 88 55 Social Services gi 88 65 Definition of "Rural" for Housing Loans 07, 8 , SB 67 Service of Domestic Violence Injunctions 02, 4, 5, 7, 8 S8 69 Sale of Alcoholic Beverages N5, 7 SB 85 Teacher Training and Child Abuse 03 SB 83 Limited Entry #5 SB 90 WED Power to Administer Contracts 02, 7 SB 95 Supervision of Safety of Dams and Reservoirs 03, 10 SB 104 Pupil Transportation Contracts A3 88 106 Alaska Bidder Preference 0, 7 SB 113 State and Municipal Tax Exemptions 03, 4, 5 SB 129 Labor Relations Between School Boards and other 03, 7, 8 Public Employees 88 137 Senior Citizens Housing N3, 4, 5 SS 141 Releasing Claims of the State to Land within 04 Certain Rights -of -Way S8 142 Municipal Government (Title 29 Revisions) #4, 5, 6, 7, 8, 9, li SS 143 State Aid for School Construction #4, 11 SB 147 State Support for Education N4 8B 159 State Aid for School Construction #4, 7, 8, 11 SB 166 Competitive Bidding M5 SB 160 Rights of Deaf, Blind and Disabled NS SS 185 Legislative Disapproval of Coastal Management #51 8, 9 Programs 88 189 Awarding of Contracts by Municipalities 07 88 190 Tax Exemptions and Reimbursements for Widows #6, 8, 10 and Widowers SB 191 Employment Preference #6 � 89 192 Sick Leave Banks 06, 10 88 193 Eminent Domain N6 SB 197 Filing and Recording Documents #6 88 203 Capital Projects Advisory Commission 67 SB 204 Architectural, Engineering and Land Surveying 07, r 8, 9 ' s Services Contracts P i SS 209 Alaska State Fire Commission A7, 10, it SB 210 Alaska State Fire Commission Appropriation A7, 10, 11 y SB 213 Construction Projects A7 SB 215 Public School Funding A7 SB 220 Abolishing DEC Ae SB 221 Payment of Building Material Supplies AS SB 224 Educational Employees Collective Bargaining A8 SB 235 Preferential Hire 09, 10 SB 244 Municipal Aid 010 SB 247 APUC #10 SB 249 Senior Citizens' Homeowner Property Tax Exemption 010, 11 Program SB 250 Real Property Tax Exemption A10, 11 SB 270 Durational Residency Requirement for Home Rule Ail Charter Commission Members SJR 1 Agricultural Rights Constitutional Amendment Al SJR li Merchant Marine Act of 1920 03, 6, 7, 8 SCR 2 Small Business Development 01, 4 SCR 3 Background Checks for School District Employees A3 SCR 4 Statewide System of Trails 04, 10 i SSHB 254 State Aid for School Construction for Unhoused Ae Students HOUSE BILLS HB 4 State Bond Committee 01, 7, i 8, 9, 10, 11 HB 5 Asbestos Abatement Program 01, 4, 7 SOHO 5 A10 HB 6 Workers Compensation Al HB 11 Taxation of Agricultural Preference Land A1, 2 i HB 12 Municipal Utilities Exempt from APUC A1, 2, 3, 4, 5, 7, 6, 10 11 , HB 15 Annexation Advisory Election A11 81 91 11 HB 18 Teacher Training and Child Abuse 0, 4, 6 HS 20 interest on Deposits by Public Utilities A1, 6 HB 22 Legislators Capital Project Appropriation Process Al HB 23 Alaska Marine Highway Authority Ai HB 24 DOT/PP Regional Directors #1 H8 25 Voter Proof of Eligibility Al HB 33 Agricultural Rights to Land A1, 2 HB 34 Liquor License Limits A1, 4, 6, 7, 10, 11 HB 35 State Regulation of Fireworks A1, 2, 4, 7 HB 39 Preservation of Agricultural Land A1, 2 HB 41 State Grants for Capital Projects 01, 3 HB 42 State Disposal Within a Community A1, 5 HB 49 Campaign Financing Limits Al H8 50 Alaska Bidder Preference 01, 4, 7, 8, 9, 11 HB 57 Asbestos Abatement Program Appropriation A1,'3, 4 HB 59/61 Funding and Creating a Youth Hostel Loan Fund A3 HB 62 Prevailing Wage and overtime A1, 2, 4, 6, 7, 8, 10 11 HB 69 Teacher Retirement System 01, 2 HB 72 Title 29 #1, 3, 4, S, 7, 8, 9, 10 11 HB 73 Permit Reform 02, 6 HB 81 Vehicle Emission inspection A2, 3, 4, 6, 8, 11 HB 83 Re-employment Benefits under PERK/TRS 02, 3, 4, 5 HB 88 Protection of Children A3 HS 90 Representation for Non -Certified School Board and A2, 3, 4, 5, 6, 7, 8, 10 Other Public Employees HS 91 Sick Leave Retirement Credit A2, 5, 6, 11 HB 97 Government Liability A2, 3, S HB 104 Computing "Good Time" for Convicts A10 HB ill Local Service Roads and Trails A3, 5, 6, 9 HB 126 Mental Health Trust Lands A61 8, 91 10 HB 130 Educational Employee Collective Bargaining A3, 4, 5, 6, 7, 8, 10 11 HB 139 Administration of Certain Grants of Legislature A3, 6, 7, 8, 9, 10,11 HB 145 Second Class Cities to Home Rule A3 HB 150 Alcoholic Beverage License A3, 4, 6 HB 154 State Hiring in Rural Communities A3 HS 158 Exempting Certain Municipalities from Conflict A3 of interest Requirements HB 159 Encroachment and Relocation of utilities All HB 160 Relocation of utilities (State) A3, 4, 11 HB 162 Public utility Consumer Representation A3, 4, 7 HB 174 Training in Basic Emergency Care and Recognition A3, 4, 6, 8 of Child Abuse for Certification HB 175 Rural Housing Loans A4 HB 176 wage Rates on Public Construction A4, 5, 8 HB 177 APOC and Recall of Elected Municipal Officials A4, 8, 9 HB 180 Confidentiality of Library Records A5 HB 190 Senior Citizen Housing A4 HB 191 State Aid for School Construction A4, 6, 7, 8, 11 HB 195 Miscellaneous Supplemontais A4 HB 198 Municipal Assistance for Municipalities A5, 6, 8, 10 Organized under Federal Law HB 208 Salmon Classics A5, 10 HS 215 State Assistance for Community Health Aide Program A5, 6, 8, 10, 11 HS 217 interest Rates A9 HB 220 1984 School Debt Retirements A6, 7, 8, 11 HS 226 School Boards A6, 7, 9, 10 HB 228 Retirement Benefits for Part -Time Teachers A6 HS 238 PERS/TRS Credit for Leave without Pay A6, 11 HS 244 Piling and Recording Documents A6 HS 247 Games of Chance and Contests of Skill A6, 7, 10, 11 HB 252 Retirement Benefits A7, 10, 11 HB 253 Property Tax Exemption A7, 9 HB 254 State Aid for School Construction for A7, 8, 11 unhoused Students HB 256 Economic Development Policy All HB 257 P819 Local Effort A7, 8, li HB 263 Releasing Claims to State Land within Certain 07 Rights -of -way I ,r. A •- - 'ter- --�: HB 266 Employment Preference Findings 07, 8, 10 HB 270 Recalls, Referendums, initiatives and Elections 07, 9 HB 278 Contracts for Architectural, Engineering and Me, 9, 11 Surveying Services HB 262 PERO Temporary Service Credit 08 HB 203 Historical Property Loans 08, li HS 291 LSRT Appropriation 09, 10 HB 293 Municipal Default 010 HB 294 Preferential Hire 09, 10, 11 HB 295 DOL Study of Unemployment and Alaska Hire 09, 10, 11 HS 303 Rural Housing Loans Oil HB 309 State Support for Education M12 HB 314 APUC 010 HB 325 Town Meeting Home Rule Cities M10, 11 HB 327 Disclosure of Information 010 HB 334 Asbestos in Public Buildings 010 HB 338 State Lottery Mil HB 339 State Oil and Gas Property Tax Credit Limitations M11 H8 343 General Obligation Bonds Oil HB 347 Alaska State Fire Commission Mil HB 348 Elimination of Excess Names from voter Registration Mil Lists HS 350 Penalties and Interest for Delinquent Municipal M11 Property Taxes HB 352 Competitive Bidding M11 SSHB 5 Asbestos Abatement Program Appropriation M1, 3, 5 CSSSHB 5 M11 HJR 4 Reapportionment 01, 2 HJR 21 Repeal of the Merchant Marine Act of 1920 M7 HJR 24 Sharing Federal Revenue Generated From Development M9, 11 of the Outer Continental Shelf MR 20 Report on Maximizing Local Hire . M81 10 HCR 23 Joint Committee on Unorganized Boroughs 010 TgWIMONIS (901) 98&1325 105 AMlKWAL WAY, SURL 301 ANQAU, ALANA 99M UEgistATIVE ButtEAN April 12, 19115 #14-12 MAYORS GET COMMITMENT ON MUNICIPAL FMING - Members of the Alaska Conference of Mayors got a verbal commitment from Governor Sheffield, Senate President Bennett and House Speaker Grussendorf that PY06 funding in municipal assistance, revenue sharing and school foundation funding would not be below PY85 levels. The mayors met with the State leaders Tuesday and got a commitment that funding of the major municipal programs would not fall below PY85 levels in spite of the revenue declines. With that commitment, municipalities will have an easier time putting together their budgets and holding down tax increases. NATIONAL SCENE - Alan Beals, Executive Director of the National League of Cities, in his April 5 Activity Report memo said that the House and Senate rescinded the onerous IRS regulations on the personal use of public vehicles, recordkesping, etc. Beals also reported that the Senate Majority reached an agreement with the President to restore full funding of federal revenue sharing through September 30, 1986, afterwhich the program would be terminated. Other agreements negotiated on the $52 billion deficit reduction package includes - 100 cut in the Community Development Block Grant Program - elimination of UDAG, BOA, Small Business Administration, rural housing, and Job Corps - $2 billion cats to public transportation over that next three years - cuts in public housing - $2.6 billion cuts in federal highway program over the next three years - all other city programs would.be frozen at current funding levels. More action is expected the week of April 22. Municipalities should not give up on lobbying our Alaska ConFessionai delegation on maintaining and extendingeneral revenue Sharing. MR 796, Introduced by Reps. Horton (R-NY) and Walker R-Pa), would extend that General Revenue Sharing program for three years at current levels through October 1, 1989. S.318, introduced by Sens. Heinz (R-Pa) and Sasser (D-Tenn), would extend the ORB program for five years through 1991. S.318•has been co -sponsored by Son. Murkowski and League members should encourage San. Stevens and Congressman Young to co-sponsor and support these bills as well. SCHOOL CONSTRUCTION - we reported the work draft of SB 51 in the last bulletin. The House HESS Committee has also begun work on school construction funding legislation this week, and is using HIS 191 as the vehicle, which is similar to BB 51. The work draft for HB 191 (1) formally establishes a school construction grant account; (2) requires applications by October 15i (3) sets priorities for the Department of Education to consider including local - 71 Legislative Bulletin 014-12 April 12, 1985 Page 2 contributions (4) sets eligibility requirements for grants including "no frills standard", public notice, and unhoused students or health and safety, (5) provides for debt retirement at 500 after June 30, 1983 and before July 1, 1985 and 800 after June 30, 1985 (no reimbursement of cash payments)# (6) annual maintenance and operating costs information must be included on the ballots (7) 800 allocation will be reduced by interest earned# and (8) when State grant and bond funds are used, the amount of the reimbursement is limited to 500 for that amount. HOUSE COMMITTEE ACTION 98 15 - Annexation Advisory Elections The House C&RA Committee heard HB 15 and replaced it wLth a CS with 4 "do pass" and 3 "no recommendation". The CS requires a municipality, home rule and general law, to hold' and pay for an advisory election in the area to be annexed for an annexation they propose under the Legislative process. The State would pay if the proposed annexation is not requested by a municipality. The CS also says a municipality �maY conduct and pay for an advisory election in the area of the prop085 annexation (1) located within a municipality or (2) proposed to be annexed to the municipality. The bill carries a $8,000 - 10,000 fiscal note for the State but does not indicate the potential cost to the municipality. Referred to State Affairs Committee. He 42 - State Di sal Within a Communi s The House CaRA Committee reported ok a CS for HS 42 with 4 do F"07 and one "no recommendation". The CS Gaye that DNR cannot dispose of land without ascroval of the community (not noaination)s excludes leasing of tide or m rged lands and defines �-Ii "community" as that eligible for State revenue sharing. no L27 - ae1aCln to uraazziQa 8no cnaronanumnts an azaLB AZLWr%150 V=Lla rawellitlesand Highways: THe bill was considered and replaced with a CS (minor revisions) by the House Transportation Committee. It was reported back with 5 "do pass" and 1 "no recommendation". The bill requires a permit for encroachment or removal at the cost of the owner if not under a permit. Referred to Finance. H8 160 • Utility Relocation Cost (State): House Transportation considered and reported back a CS for 89 160 with 5 "do pass" and i "no recommendation". The CO says the cost of relocating a utility for highway construction is to be paid bys 1. the State if installed under permit after the immediate effective date of the bills 2. the State if installed before the effective dates 3. the utility in all other cases unless the State wants to. Referred to Finance. Legislative Bulletin 014-12 April 12, 1985 Page 3 HS 190 - Senior Citizens Housing Fund# The House C&PA Committee considered and replaced HB 190 with a CS with technical changes. The Committee reported it back with 2 "do pass" and 4 "no recommendation". it has a 0109,000 TY86 fiscal note. Referred to finance. HB 139 Administration of Certain Grants# The House C&RA Committee considered HB 139 and replaced it with a CS and a Letter of intent (see below). it was reported back with 1 "do pass", 1 "do not pass without amendments". The CS says the Department of Administration @hall adopt regulations for 315 and 316 grants (AS 37.05)t says that required audits will be a cost of the grant, and that the regulation "may not interfere with the implementation of the grant" but prevent "mismanagement" and "misuse". The Letter of intent is as followss casroai�t t, ussoipw i►PPASRP CMUT ss L� let ZOMM CONS 139COM me sows amattes on ceawn!ty and Negiona! Affairs has Considered Nauss dill 130 at laagih. boring Conittss dlsoussion the following areas were 0080140eod appropriate for the focus of raqulstion. 1. Establishment of sdsquats aCCaa►tlfq prOaedYre9 to anus proper dea�asatatloq of flnasolai activity, • pat ro�aah,lsion of an annwel status raport on ongoing • 3. frOeot Cozolotion within 7 years, with funds lapsing alter that Use subjsat to reappropriationt 4. Camp1lasae with heel and state laws required, P. Prohibition of disorlslnotion in hiring by Contractors including all Constitutional protastions :fi�vlliatiaf or M of dniiaorisinstlon based upon politlasl f. runds to be depeaita4 in a federally' insured inerteereest bearing s000unt or federally insured trusento 7. Audit requirement., end a. swouragesent of loam hiss." Referred to Finance. r Legislative Bulletin April 12, 1985 Page 4 HB 226 - School Boards The House HESS Committee considered and reported back a CS for HS 226 with minor revisions w.th-a unanimous "do pass". Referred to Rules# see "Floor Action". HB 283 - Historical Property Loans$ House special Committee on state loans reported HB 263 out with 3 "do pass" and 2 "no recommendation". Referred to Finance. HCR 20 - Maximizing Local Hire: The L&C Committee reported out a CS for HCR 20 and a letter of intent (House Journal, p. 850) calling for the report by the first day of the second session and an expanded reports with a majority "do pass". Referred to Judiciary. SENATE COMMITTEE ACTION SB 69 - Sale of Alcoholic Beverages: Tile Senate C&RA Committee reported out a CS for SB 69 with minor revisions with a majority "do pass". Referred to Judiciary. Se 84 - Motor Vehicle Laws and Senior Citizen Vehicle Tax Ex Lion: Senate Judiciary reported out a CS for BE 84. The bill tightens up the senior citizen tax exemption program under AS 29.53 to (1) allow only one senior citizen exemption per vehicles and, (2) to not reimburse the municipality if It offers the exemptions for.all vehicles. Referred to Finance. HB 81 - Motor Vehicle Emission Inspections Senate State Affairs replaces HB 81 with a CS with minor revisions and exempting vehicles that use a fuel that does not emit carbon monoxide. Referred to HESS. 89 142 - Title 29 Revisions: Senate Judiciary took testimony on COBB 142 (C`RA) but took no act n. The Chair has tentatively rescheduled the bill for next Tuesday, April 16. Testimony and amendments addressed were: 1. City of Wrangell objects to several sections which they feel unnecessarily limit the authority of home sale cities. 2. Rural Electric Co -cps: (a) clarifying utility regulation by municipalities and (b) limiting a municipality to operating utilities only in areas adjacent to its boundaries rather than anywhere (non-contiguous to their municipal boundaries). 3. Chairman Rodsy is considering an amendment to limit a municipality's ability to regulate firearms. 08 193 - Eminent Domains The Senate Transportation Committee considered and replaced OB 193 with a CS (minor changes) . The CS was reported back with 3 "do pass" and i "no recommendation".. Referred to Judiciary. 88 250 •Tax Exemption for Improving the AMarance of ProPertys The Senate CiRA Committee considered sB 250 and replaced it with a CO with 2 "do pass" and 1 "no recommendation". The CS would not repeal AS 29.53.025 which provides for exempting improvements. Referred to Finance. - - - - - - - -- - --- - -- A-- �r Legislative Bulletin 014-12 April 12, 1985 Page 5 HOUSE FLOOR ACTION CSHB 226 (HESS) - School Boards: The House passed CSHB 226 (HESS) on Wednesday (April 10), 39-0. The bill provides for 7,9, or 11 school board members elected at large or by district, according to AS 29.23.021-031. COMMITTEE HEARINGS/MEETINGS IN THE HOUSE Community a Regional Affairs 3s00 P.N. Behrends 209 HB 343 - General Obligation Bonds issued by a Municipality ----- Fri., Apr. 19 HCR 23 - Joint House/Senate Committee on Unorganized Boroughs --- Fri.,Apr. 19 Finance ls30 P.M. Capitol 519 HB 294 - Preferential Hire ----- Tuesday, April 16 HB 295 - Approp.s Study Unemployment in Alaska/Alaska Hire ----- Tues.,Apr.16 HJR 24 - Fed. Revenue Sharing/Outer Continental Shelf ----- Thursday, Apr. 18 Health, Education a Social Services 400 P.M. Capitol 112 continued from Friday, April 12 . . . HB 191 - State Aid for School Construction ----- Wednesday, April 17 HB 257 - School Funding - Local Effort ----- Wednesday, April 1.7 HB 309 - State for Education ----- Wednesday, April 17 Labor a Commerce Isis P.M. Capitol 102 • n,►,►w,e • w,t s HB 176 - Wage Rates - Public Construction Contracts (Statewide Teleconference - All Sites) ----- Wednesday, April 17 Resources 800 A.M. Capitol 118 HB 111 - Local Service Roads and Trails ----- Friday, April 19 State Affairs 3s00 P.M. Capitol 102 HB 91 - PERO Retirement Creditt Unused Sick Leave ----- Monday, April 15 HE 252 - PERS - Contributions/Retirement Age/Benefits ----- Monday,•April 15 i /r r Legislative Bulletin #14-12 April 12, 19B5 Page 6 IN THE SENATE Communit & Regional Affairs 300 P.M. Beltz Rm 211 SS 270 - Residency Home Rule Charter ----- Tuesday, April 16 SB 204 - Architects Surveying Contracts ----- Tuesday, April 16 Judiciary 1030 P.M. Butrovich 205 BB 142 - Title 29 Revisions ----- Tuesday, April 16 **** TENTATIVE **** HS SO - Alaska Bidder Preference •--•- Tuesday, April 16 NEW BILLS IN THE HOUSE HCR 23 - Committee on Unorganized - Committee on Unorganized Bowan Introduced by Harrou and Jenkins, the resolution would set up a committee of senators and representatives to study dividing the one unorganized borough into 4 to 12 unorganized boroughs and report back to the Second Session of the 14th Legislature. Referred to CGRA. 0 Single AUdit ACI Of 198.4 by frank Shofroth Director Offices of Federal Relations Notional Loagua of Cities IN ITS FINAL DAYS, the glib Con• lrea a>,npkted action om the Single Aadit Act of III-, eihsnSlAe ilns foam of federal audit nquironents away from iN dividud isms en 4 towards the pant a- d TThv new Acl, which heffepWs for fW cal yean begtnnMg after Dec. 31.1g14, will affect aR titles. As matted, the bill Is iman" to replan the many narrowly focused audits of Iadividud grant Pro - won raquked undw current law. The kyhtatim provides for the eon of single audits to be shared by go fedaatP va& mew As, passed, the Act apptia to oil gore anments which twelve stay federal as d=116 reeetvins ova S100.000 on. malty, dwdn*ndk mustbsperformed annually. For cities reoeivia between SUM and SIGO.Mper year, the dly may sled a shhele athdt or comply with tba audit w gnlraments of the federal Programs from Web they radw atsbtanre. Munidpsfbks reedving less than S"'M annually errs exempted from the audit requirementbut must maintain appropriate records to doa need their Smut compliance. The stuad pgwn of the lhsele Audit Act are to: Improve financial management of goverarmentdwltb reprdtokdad fine. del asrtstaaas prMrsmu: — EmablithnNlorm requirements for so" of tueh prove=.. Pmmou tha dfidentand elfactive on of audit resources; Eawre that federal agenda, to the amaximam esaen pmetkable, rely and use audit work pnnwat to the Act. AUDIT REPORT The simile audit Is intended to be the dedsive audit of federal assistance pro• rams radval byadty. Tk Act doer not prohibit (Mad agenda from condaeft additional audits, but does require them to rely on the sinSla audit findlnp and pa any additional audit a m, 7M new tlnlle audit mud contain at lead tbree section: — An auditor's opinion whether the general purpose financial stmemeus fair- ly present the Rnncial position of do city and the results of its financial operations in acoordaace with tan�uy w aF counting principles. Further, the audit must contain on auditor's opinion whether the supplemental statement of selected grant activity presents fairly the BMW gram data in relation to the p eral purpose linandal statements. — An sditer's statement whether an internal control system exists to provide reasonable assurance that federal funds are msnaecd properly. Althowls an oplo, Ion on the overall internal control system b mot required, the auditor mud study dad system and report any mataW weak- nrsa (ound. — An auditor's statement about coup pWuce wbb matabl pant requhranernts. The statement should provide enouSh lw formation to penult federal maaasers to determine if their programs are being ad- ministered in complianes with applicable laws and reeuta wns. A description of all imutaaas of noncompliance or questioned emu disclosed by the simek audit mud be included. Frequently. noncompliance matters are summarized in a separate statement. The prostapriateck audit report must be tent to the apfaded offidsb and must be nude sveftle for public inspection within 90 days after it Is completed. AUDIT COVERAGE The singk audit must include aompu- aace tesdae o/aanssedonsof eseb major fcderd wtstancs protrsampleam, tggetha with a represematWe of other pro- grams. A major federal assbtanoe pro• gram b deflned as the hugerof 1900.000 a l pacemofosofunMexpendiaues for dues wbids have $100,000 to $100.000.000 of Srant•fumded apm& turn, a d idluS scale applla to the hula dues which have ova $100 million of grant-fumdcd aroeaditures. in addition, the auditors mud review programs for compliance with a number of broad requirements. — Use of federal funds for prohibited political activity DOWIlacon Act provisions — Citizen padidpulon — Civil eiahta matters Cash mmsgemrnt The act requires dries to maintain sda- guate internal control systems to scare shot 1) federal funds are properly db- Uibuted to sukedphenu (bnetudiaS non- profit omani:ations), and 2) subredpl- enU spend the funds Propedy. A city should use the dlask not report of its subre 1pleats a a means of evaluating their Srant administration. Alternately, a city tray choose to era pand its elask audit to the subaeipient Wes as a means of maintaining proper controb ova subrrdpiem empadittues of federal fonds. AS subredpiemt rands must be available to the tadapandcat auditor of the subgramor a • coudilbn of the subgrant. ENFORCEMENT When a single audit discloses non• mmpliaace or weakness In Imund con. trols, to redpknt city must submit hi written re raw to appropriate federal officials. if the city stress with the do& ings, In response must include a plan to correct the Identified problems. If the government dbsgrees, it must explain why. If a canrrequlru the simOf of Management and Budget torsion toConpessin IM and aaouslly thereafter coy ooacomply leg governments. WHO PAYS FOR THE AUDITt Federal cod sharing can help fo putto defray the can of single audits. Rdm• bursement by the federal Soverament Is genad >� a Yd as Me year audited to the ews tow e� pendimses for that year. However, a city can obtain additional funds tocoverextracoosduetothad n* audit requirements. if it submits docu. mentation that man OMB guiddhhes. Since the time and aspens requtad to conduct a tkmgk audit b generaUy mush pester than that required far purely we or local programs (due so specW cm ante and other requirerments), it Is 1100 portent that the OMB ptidtilm be fol- lowed or thesinele audit mayeeste local government far more dun is now stay. a Thbaekkbradowd gram atuftoveaba t=, tyre ON" of NOON'S cxa wavy. r a 0 A e i i I 1 s f LEGISLATIVE BULLETINS - INDEX As of 4/5/85 SENATE BILLS BULLETIN NUMBER SB 7 State Income Tax wi SB 8 Personal Safety in Public Schools 03, 10 SB 12/13 Federal Budget Impact Fund N1, 5 SB 16 Asbestos Removal in Schools SB 21 Employee Background Checks SB 27/28 Training Programs on Prevention of Abuse of Minors 03 COBB 28 06 SB 29 Domestic violence #i3, 8 88 31 State Hiring in Rural Communities 01, 2, 3 SB 34 Campaign Funding ill, 2 SB 36 PERO Credit for unused Sick Leave ##10 8 SB 40 Agricultural Product Incentive Program N1 SB 42 Agricultural Right to Land N1 88 47 Community hater, Sewer and Solid Waste Project A1, 4, 5, 7 Grant Funds 88 46 Clean Air Grants 01 SB 50 Population Determination and Entitlement Recalculationtl SB 51 School Construction 01, 3, 11 SB S5 Social Services p1 SB 65 Definition of "Rural" for Housing Loans N7, 8 88 67 Service of Domestic violence Injunctions ##2, 4, 5, 7, 8 SB 69 Sale of Alcoholic Beverages N5, 7 SB 85 Teacher Training and Child Abuse #i3 SB 83 Limited Entry 05 88 90 DCED Power to Administer Contracts #i2, 7 88 95 Supervision of Safety of Dams and Reservoirs ##3, 10 SB 104 Pupil Transportation Contracts ##3 SB 106 Alaska Bidder Preference ##3, 7 SS 113 State and Municipal Tax Exemptions N3, 4, 5 88 129 Labor Relations Between School Boards and Other ##3, 7, 8 polio Employees SB 137 Senior Citizens Housing B3, 4, 5 SB 141 Releasing Claims of the State to Land within #F4 Certain Rights -of -Way SB 142 Municipal Government (Title 29 Revisions) ##4, 5, 6, 7, 8, 9, 11 SB 143 State Aid for School Construction #F4, it SB 147 State Support for Education N4 SB 159 State Aid for School Construction ##4, 7, 8, 11 88 166 Competitive Bidding ##S SB 160 Rights of Deaf, Blind and Disabled ##S SB 185 Legislative Disapproval of Coastal Management #i5, 8, 9 Programs SB 169 Awarding of Contracts by Municipalities #E7 SB 190 Tax Exemptions and Reimbursements for Widows ##6, 8, 10 and Widowers SB 191 Employment Preference A6 SB 192 Sick Leave Banks 86, 10 SB 193 Eminent Domain A6 88 197 Piling and Recording Documents A6 SB 203 Capital Projects Advisory Commission 07 SB 204 Architectural, Engineering and Land Surveying 07, 8, 9 Services Contracts -L:Z-70 88 209 Alaska State Fire Commission SS 210 Alaska State Fire Commission Appropriation SB 213 Construction Projects 08 215 Public School Funding SB 220 Abolishing DEC SB 222 Payment of Building Material Supplies 88 224 Educational Employees Collective Bargaining 88 235 Preferential Hire SB 244 Municipal Aid SB 247 APUC 88 249 Senior Citizens' Homeowner Property Tax Exemption Program 88 250 Real Property Tax Exemption SS 270 Durational Residency Requirement for Home Rule Charter Commission Members SJR 1 Agricultural Rights Constitutional Amendment SJR 11 Merchant Marine Act of 1920 SCR 2 Small Business Development SCR 3 Background Checks for School District Employees j SCR 4 Statewide System of Trails i SOW 254 State Aid for School Construction for Unhoused Students HOUSE BILLS HB 4 State Bond Committee HE 5 Asbestos Abatement Program SORE 5 HE 6 Workers Compensation HB 11 Taxation of Agricultural Preference Land HB 12 Municipal Utilities Exempt from APUC HB 15 Annexation Advisory Election HE 18 Teacher Training and Child Abuse HE 20 interest on Deposits by Public Utilities HB 22 Legislators Capital Project Appropriation Process HB 23 Alaska Marine Highway Authority HB 24 DOT/PP Regional Directors i HB 25 Voter Proof of Eligibility HS 33 Agricultural Rights to Land 08 34 Liquor License Limits HB 35 State Regulation of Fireworks HB 39 Preservation of Agricultural Land HB 41 State Grants for Capital Projects HB 42 State Disposal Within a Community i� 88 49 Campaign Financing Limits HE 50 Alaska Bidder Preference '1 HB 57 Asbestos Abatement Program Appropriation HB 59/62 Funding and Creating a Youth Hostel Loan Fund HB 62 Prevailing Wage and Overtime N1 0, 6, 7, 8 01, 7, 8, 9, 10, 11 N1, 4, 7 410 N1 #1, 2 N1, 2, 3, 4, 5, 7, 8, 10 11 N1, 8, 9, it N3, 4, 6 N1, 6 Ni N1 N1 Ni N1, 2 01, 4, 6, 7, 10, 31 N1, 2, 4, 7 01, 2 01, 3 N1, 5 N1 N1, 4, 7, 8, 9, 11 N1, 3, 4 N3 N1, 2, 4, 6, 7, 8, 10 HB 69 Teacher Retirement System HB 72 Title 29 HB 73 permit Reform HS 01 Vehicle Emission Inspection HB 83 Re-employment Benefits under 9ERS/TRS HS 88 protection of Children HB 90 Representation for Non -Certified School Hoard and Other Public Employees HB 91 Sick Leave Retirement Credit HS 97 Government Liability HB 104 Computing "Good Time" for Convicts NB 11I Local Service Roads and Trails HS 128 Mental Health Trust Lands HB 130 Educational Employee Collective Bargaining HB 139 Administration of Certain Grants of Legislature HB 145 Second Class Cities to Home Rule HB 150 Alcoholic Beverage License HS 154 State Hiring in Rural Communities He ISO Exempting Certain Municipalities from Conflict of Interest Requirements HS 159 Encroachment and Relocation of Utilities HB 160 Relocation of Utilities (State) HB 162 Public Utility Consumer Representation HB 174 Training in Basic Emergency Care and Recognition of Child Abuse for Certification HB 175 Rural Housing Loans HS 176 Wage Rates on Public Construction HS 177 APOC and Recall of Elected Municipal Officials HS 100 Confidentiality of Library Records HS 190 Senior Citizen Housing HS 191 State Aid for School Construction HB 195 Miscellaneous Suppiementals HS 198 Municipal Assistance for Municipalities organized Under Federal Law HS 200 Salmon Classics HS 215 State Assistance for Community Health Aide Program HS 217 interest Rates 88 220 1984 School Debt Retirements HB 226 School Boards HS 220 Retirement Benefits for Part -Time Teachers HS 239 PERS/TR8 Credit for Leave Without Pay HS 244 Filing and Recording Documents HS 247 Games of Chance and Contests of Skill HS 252 Retirement Benefits HS 253 Property Tax Exemption H8 254 State Aid for School Construction for vnhoused Students HS 296 Economic Development Policy HS 257 POPP Local Effort HB 263 Releasing Claims to State Land Within Certain Rights -of -Way 11 01, 2 01, 3, 4, 5, 7, 8, 9, 30 11 02, 6 02, 31 4, 6, 8, 11 M2, 3, 4, S 03 j 02, 3, 4, 5, 6, 7, 8, 10 M2, 5, 6, 11 M2, 3, S 010 03, 51 61 9 06, 8, 91 10 03, 4, S, 6, 7, 8, 10 11 0, 6, 7, S, 9, 10,11 03 0, 4, 6 03 03 Mil 03, 4, 11 M3, 4, 7 03, 4, 6, 8 04 04,5,8 M4, 8, 9 MS 04 M4, 6, 7, 8, 11 M4 M51 61 e, 10 05, to 05, 61 8, 10, it 09 M6, 7, 8, 11 M6, 7, 9, 10 M6 M6, it M6 M6, 7, 10, 11 07, 10, 11 07, 9 07, 8, 11 M11 07, 8, 11 M7 rN • HB 266 Employment Preference Findings 07, 8, 10 uB 270 Recalls, Referendums, initiatives and Elections N7, 9 HB 278 Contracts for Architectural, Engineering and 08, 9, 11 surveying services HB 262 PERK Temporary Service Credit N8 US 283 Historical Property Loans N8, 11 HB 291 LOST Appropriation N9, 10 HB 293 Municipal Default 010 HS 294 Preferential Hire 09, 10, 11 HB 295 DOL Study of Unemployment and Alaska Hire N9, 10, 11 HB 303 Rural Housing Loans Nil NO 309 state support for Education N11 HB 314 APUC N10 HB 325 Tarn Meeting Home Rule Cities N10, 11 HS 327 Disclosure of information N10 NB 334 Asbestos in Public Buildings 010 NO 330 State Lottery N11 HD 339 State Oil and Gas Property Tax Credit Limitations N11 HS 343 General Obligation Bonds N11 US 347 Alaska State Fire Commission N11 HB 340 Elimination of Excess Names from Voter Registration N11 Lists NB 350 Penalties and interest for Delinquent Municipal N11 Property Taxes HS 352 Competitive Bidding Nil BONS 5 Asbestos Abatement Program Appropriation 01, 3, 5 CSSSHB 5 N11 HJR 4 Reapportionment N1, 2 RJR 21 Repeal of the Merchant Marine Act of 1920 N7 HJR 24 sharing Federal Revenue Generated From Development N9, 11 of the Outer Continental Shelf HCR 20 Report on Maximizing Local Hire 08, 10 NCR 23 Joint Committee on Unorganized Boroughs N10 ` KENAI SENIOR SERVICES FIRST QUARTER REPORT 1985- GOAL NUMBER SERVED TOM nUMER OF UNDUPLICATED SENIORS SERVED 418 ACCESS SERVICES 158 ESCORT SERVICE 27 49 TOTAL ESCORTS 600 536 'I SENIORS PROVIDED RIDES 83 92 - TOTAL RIDES 2660 2470 OUTREACH 42 65 INFORMATION AND REFERRAL 10 26 y SHOPPING ASSISTANCE 15 27 NUTRITIONAL SERVICES SENIORS PROVIDED CONGREGATE MEALS 203 247 TOTAL NUMBER OF MEALS SERVED TO SENIORS 2300 2953 k SENIORS PROVIDED HOME DELIVERED MEALS 22 37 TOTAL NUMBER OF HOME DELIVERED MEALS 485 747 �. COMMUNITY SERVICES " HEALTH MAINTENANCE ACTIVITIES TO 4 SENIOR CITIZENS 52 73 TELEPHONE REASSURANCE 26 26 " HOMEMAKER SERVICES 13 24 --- — HOME VISITS TO # OF SENIOR CITIZENS 35 102 --"- TOTAL NUMBER OF SENIORS PROVIDED RECREATION 156 TOTAL OF SENIORS ATTENDING POTLUCKS 90 RAF TOTAL NUMBER PARTICIPANTS IN ARTS/CTS 33 f..... .. a TOTAL NUMBER OF VOLUNTEERS 41 1... TOTAL NUMBER VISITED IN THE HOSPITAL OR CARE FACILITY 31 L TOTAL AMOUNT OF DONATIONS $3,500 $4,347 F t r r �La . �. -z te. AS a, tip 0 00000';i: