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HomeMy WebLinkAbout2004-07-01 Council on Aging Packet COUNCIL ON AGING JULY 1, 2004 KENAI SENIOR CENTER 10:00 A.M. AGENDA ITEM 1' CALL TO ORDER/h ROLL CALL ITEM 2' AGENDA APPROVAL ITEM 3' APPROVAL OF MEETING SUMMARY -- March 4, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD a. Gemma Smith -- Public Health ITEM 5- OLD BUSINESS ITEM 6' NEW BUSINESS ae ITEM 7: Approval -- By-Law Amendments Discussion.-- Vintage Point Manor Dwelling Unit Lease Agreement REPORTS a. Council on Aging Chair b. Director c. Council Liaison ITEM 8' QUESTIONS/h COMMENTS ITEM 9' PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: INFORMATION a. Council Action Agendas of June 2 and 16, 2004. ITEM 11: ADJOURNMENT NEXT-MEETING: AUGUST 5, 2004 -- 10 A.M. PLEASE CONTACT US IF YOU WILL NOT BE ABLE TO ATTEND THE MEET'J:N6: CAROL-- 283-8231 OR, RACHAEL-- 283-4156 COUNCIL ON AGING MARCH 4, 2004 KENAI SENIOR CENTER 10:00 A.M. AGENDA ITEM 1: CALL TO ORDER/k ROLL CALL ITEM 2: AGENDA APPROVAL ITEM 3: APPROVAL OF MEETING SUMMARY -- January 8, 2004 ITEM 4: PERSONS SCHEDULED TO BE HEARD a, Chris Doser-- Hospice ITEM 5: OLD BUSINGS a. Discussion -- Salad Bar ITEM 6: a. NEW BUSINESS Discussion -- Strategic Plann~g s~d Goals ITEM 7: REPORTS a, Council on Aging Chair Director Council Liaison ITEM 8: ~~TIONS/k COMMENTS ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD ITEM 10: , ,, INFORMATION Council Action Agendas of February 4 and 18, 2004. ITEM 11: ADJOURNMENT NEXT MEETING: MAY 6, 2004 -- 10 A.M. COUNCIL ON AGING MARCH 4, 2004 KENAI SENIOR CENTER 10:00 A.M. CHAIR BILL OSBORN, PRESIDING MEETING SUMMARY ITEM 1: CALL TO ORDER/k ROLL CALL Chairman Osbom called the meeting to order at approximately 10:00 a.m. The roll was confirmed as follows: Members present: Members absent: Others present: Sam Huddleston, Earl Jones, Richard Jurgensen, Bill Osbom, Joe Harris and Fiocla Wilson Joanna Hollier, Gina Kuntzman Council Member Swarner, Senior Director Craig, City Clerk Freas ITEM 2: AGENDA APPROVAL Osbom requested the City Liaison report be moved to the beginning of the meeting. MOTION: Member Harris MOVED to approve the agenda as amended and Member Jones SECONDED the motion. There were no objections. SO ORDERED. ITEM 7: REPORTS 7-c. Council Liaison -- Council Member Swamer reported the following: · Due to the death of Donna Higley, there were vacancies on the Council on Aging and Harbor Commission. · Reviewed actions taken by council at their March 3 meeting. · She will be traveling to Juneau relating to Food Bank issues, but will visit with the Peninsula legislators to discuss city issues as well. · The Food Bank will hold an open house for agencies on Wednesday, March 10. · "Can-Struction" entrants are available to view at the Visitors Center. ITEM 3: , APPROVAL OF MEETING SUMMARY -- January 8, 2004 MOTION: Member Huddleston MOVED for approval of the meeting summary of January 8, 2004 and Member Harris SECONDED the motion. There were no objections, ilO ORDERED. ITEM 4: PERSONS SCHEDULED TO BE HEARD Dr, Chris Doser-- Hospice Dr. Doser made a very informative presentation about Hospice, including: · Medicare coverage. · First Choice Program (works in conjunction with Hospice). · Services offered through Hospice. · Program philosophy (care to make the most of the last months of life, i.e. relieving pain, providing comfort, relieving suffering and give care). · Volunteer participation · Additional benefits provided, i.e. pastoral care, dietary counseling, bereavement services, volunteer services. · Hospice eligibility. ITEM 5: OLD BUSINESS 5 Discussion -- Salad Bar Director Craig reported she brought this discussion forward to learn if the membership felt the salad bar should be reinstated. She noted, the March menus will include salad bar on Wednesdays with the regular buffet. Discussion followed in which comments included a desire to reinstate the salad bar. Craig suggested a "build your own tossed salad" with lettuce, tomatoes, cucumbers, etc. It was decided the item should be brought back at the next meeting for further discussion. ITEM 6: NEW BUSINESS Discussion -- Strategic Planning and Goals Due to time constraints, this item was not discussed but will be included on the next agenda. ITEM 7: REPORTS Council on AEing Chair-- No report. 7-b. Director-- Craig reported the following: · The Center's budget had been reviewed by the City Manager and Finance Director. The NTS funding will remain the same, but will not be appropriated until the end of June. · The Creative Writers' Group (through the Arts' Council) and Senior Connection will hold a fundraiser on March 11. Council Liaison -- Reported earlier in the meeting. ITEM 8: OUESTIONS/h COMMENTS -- None. COUNCIL ON AGING MEETING JUNE 5, 2003 PAGE 2 ITEM 9: PERSONS NOT SCHEDULED TO BE HEARD -- None. ITEM 10: INFORMATION 10-a. Council Action Agendas of February 4 and 18, 2004. ITEM 11: ADJOURNMENT The meeting adjourned at approximately 11:45 a.m. Meeting Summary prepared by: Carol L. Freas, City Clerk COUNCIL ON AGING MEETING JUNE 5, 2003 PAGE 3 BY- LAWS AND RULES OF PROCEDURE FOR MAYOR'S COUNCIL ON AGING K~NAI~ ALASKa.,,. The members of the Mayor's Council on Aging, Kenai, Alaska, a local committee organized under the laws of the State of Alaska, pursuant to federal and state funding, having as its object, the following code of by-laws and roles of procedure as its guidelines in all future operations. The mission of the Mayor's Council on Aging is to advise the Mayor, City Council, Director, and the City of Kenai, of the needs of the elderly in the area, support the programs which enable the continued independence of the senior citizens and serve as an advisory committee, whose purpose and make-up will be set forth under Article I, Section 3. The adoption of these by-laws and rules supersedes, replaces and nullifies any and all previously enacted, utilized, or governing roles or by-laws and further, by adoption of these by-laws and roles, the previously existing Mayor's Council on Aging is deemed dissolved. Article I Membership The Council shall have a membership of nine (9) members. Over one-half of the members shall be participants of the Senior Citizens' programs, sponsored by the City of Kenai. The members of the Council shall be chosen in the following manner: le Members shall be chosen fi'om among persons who have shown an interest in the areas of the problems of the elderly. e The Mayor will appoint members to the Council on Aging subject to confirmation by the City Council. . There shall be a nine-member Mayor's Council on Aging appointed by the Mayor of Kenai. Five (5) members will be chosen from senior citizens who participate in the senior citizen programs sponsored by the City of Kenai. More than one-half of the Mayor's Council on Aging members shall be participants of City of Kenai sponsored senior citizens' programs. The duties of the Council will be as follows' a, be Advise the Director of Senior Citizen Programs on matters dealing with the budgets for senior programs and programs operated at the Senior Center. Forward copies of written minutes from meetings to the Mayor of the City of Kenai, who, in mm, wiI1 forward the report to the City Council. To the extent practical, communications, advice, and reports shall be in written form and shall represent a consensus of the committee. BY-LAWS AND RULES OF PROCEDURE FOR MAYOR'S COUNCIL ON AGING Page 1 of 3 Article II Eligibility A member of the Council shall be an adult person residing in the Kenai Peninsula area, and 51% of which must be sixty (60) years of age or older. No employee of the City of Kenai is eligible for membership. There will be no more than one member per household. Article III Meetings Regular meetings shall be held [BI-MONTHLY] monthly. There shall be one annual meeting held on the [second Monday of March] first Thursday in January. each year with fifteen days' notice given to all members of the Council.' Special meetings may be called by the chairperson. Participating senior citizens shall be notified of the date, time, and place of the meeting by the monthly newsletter. All meetings shall be open to the public. However, this does not automatically ensure participation by non-members of the Council. Article IV PLACE OF MEETINGS The meetings shall be held at the place designated as the Kenai Senior Citizens Cemer in Kenai, Alaska, or at the city of Kenai offices. Article V QUORUM A majority of the current membership shall constitute a quorum for the transaction of al business. Article VI POWERS OF THE COUNCIL The powers of the Council are advisory only and are derived from the federal, state, and city local governments which provide the funds for operation and all powers and activities shall be exercised in accordance with law. All action taken by this Council shall be submitted to the City Administrator and shall be subject to approval by the Kenai City Council. BY-LAWS AND RULES OF PROCEDURE FOR MAYOR'S COUNCIL ON AGING Page 2 of 3 Article VII TERM OF APPOINTMENT AND ATTENDANCE Membership of the Council are appointed by the City of Kenai to serve three (3) years or until termination by: 1. Resignation 2. Request of Kenai Mayor's Council on Aging 3. Upon request of the City of Kenai; or 4. Three (3) consecutive absences from [BI-MONTHLY] monthly meetings. The term of each appointed member of the commission shall be three (3) years. The terms shall be staggered so that three (3) members shall be appointed every third year and three (3) members shall be appointed in each of the other years of every such three-year period. After six (6) years active membership on the council, the member may be appointed an honorary advisor to the Council without voting privileges. Any member who misses three successive regular [BI-MONTHLY] monthly meetings will be removed form the Council and a replacement will be appointed by the Mayor. Article VIII VOLUNTEERS Volunteers wishing to serve upon committees established by the Kenai Mayor's Council on Aging may be appointed by the Council chairperson or his representative to do so without, therefore, becoming members of the Council. Article IX RULES OF MEETING All meetings of the Council shall be conducted in accordance with roles of parliamentary practice and, in the absence of other authority, shall be governed by the provisions of Roberts Rules of Order. IIIIIIIIIIIllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll At a regular meeting of the Kenai Mayor's Council on Aging, Kenai, Alaska, the amended by-laws and roles of procedures were adopted as the official by-laws and roles of procedure by a majority vote of a quorum of the members present on the day of .., 2004. ,, Chairm~ Attest: John J. Williams, Mayor BY-LAWS AND RULES OF PROCEDURE FOR MAYOR'S COUNCIL ON AGING Page 3 of 3 VINTAGE POINT MANOR DWELLING UNIT LEASE AGREEMENT lo Parties and Dwelling Unit This Agreemem made this _ day of , 200 , by and between the Landlord, CITY OF KENAI, hereinafter called "City," and .. and .. , hereinafter called "Tenant." The City does hereby lease to Tenant the premises located at and known as Apartment No. of Vintage Pointe Manor, situated in Kenai, Alaska (hereinafter referred to as Dwelling Unit), upon the following terms and conditions' 2. Purpose A. The Dwelling Unit shall not be leased for any purpose other than as a private residence. Only the following people shall reside in the Dwelling Unit during Tenant's occupancy: (Head of Household) The Tenant shall immediately notify the City if one of the authorized occupants is moving out of the unit. No more than two persons may occupy the unit. An exception to the above limitation is that one caregiver may reside in each apartment if, according to a DWELLING UNIT LEASE AGREEMENT Page I of 19 written statement by a licensed physician selected by the City, one or both of the residents of that apartment need a live-in caregiver. The cost of any such physician's certification shall be borne by the tenant. B. Tenant shall not permit the use of the Dwelling Unit for any other purpose, including business purposes, legal or otherwise. 3. Term The term of this agreement shall be month-to-month. After the initial term ends, the agreement will continue for successive terms of one month unless terminated as permitted by this agreement. o Certification of Eligibility The tenant hereby certifies that the following eligibility criteria have been met: A. The applicant must be 62 years of age as application for an apartment is submitted. of the date his/her Be Any other occupant (other than a caregiver authorized pursuant to this agreement) must be 62 years of age. Ce The applicant and any other occupant (other than a caregiver authorized pursuant to this agreement) must have resided in Alaska for six months prior to the date the application for an apartment is submitted. D. A person required to register with the state under AS 12.63.010- 100 shall not be eligible to reside at Vintage Pointe Manor. DWELLING UNIT LEASE AGREEMENT Page 2 of 19 5. Utilities The Tenant is responsible for paying their own electric and telephone utilities. Heat, water, sewer and garbage service will be provided by the City. A basic cable television package (to be determined by the City) will be provided by the City. Any cable services above the basic package will be paid for by the Tenant. 6. Rent The Tenant agrees to pay $ . plus applicable tax, for the partial month ending on ,20 . After that, Tenant agrees to pay a rent of $ plus applicable tax, per month. This amount is due by the fifth day of the month at the Kenai Senior Center, 361 Senior Court, Kenai, Alaska 99611. A $25 penalty will be charged if rent is not paid by the 15th of the month. 0 Charges for Returned Checks The City will collect an administrative fee for each check returned for non-payment, (e.g. insufficient funds). Thereafter, the Tenant will be required to pay rent by cash, cashier's check, money order, or travelers' checks, as determined by the City. The charges discussed in this paragraph are in addition to the regularly monthly rent. The City may terminate this agreement for nonpayment of rent, as explained in paragraph 17 below. 0 Condition of the Dwelling Unit By signing this agreement, the Tenant acknowledges that the unit is safe, clean, and in good condition. The Tenant agrees that all appliances and equipment in the unit are in good working order, except as described in the Unit Inspection Report, which is Attachment No. 1 to this agreement. The Tenant also agrees that the City has made no promises to decorate, DWELLING UNIT LEASE AGREEMENT Page 3 of 19 alter, repair, or improve the Dwelling Unit, except as listed in the Unit Inspection Report. 0 Emergency Alarm System Tenant hereby agrees that Tenant shall be solely responsible and liable for all costs, expenses, and/or charges arising from the activation of said alarm system by Tenant, or at the direction of Tenant, or for the guest(s) of Tenant. Tenant further agrees to use said alarm system only for its intended use. Tenant understands that the most certain way to obtain emergency assistance is to use the telephone to call an emergency service, (such as 911 where such service is available). Tenant further understands that alarm service provided by the City may not be available at all times and that Tenant is required to read notices provided by the City regarding availability of alarm service. 10. Security Deposits In addition to any amount collected under Paragraph 6 above, the Tenant has deposited $ with the City as set forth in Paragraph A (smoking) or B (non-smoking) below. The City will hold this security deposit for the period the Tenant occupies the Dwelling Unit. After the Tenant has moved from the Dwelling Unit, the City will determine whether the Tenant is eligible for a retired of any or all of the security deposit. The amount of the refund will be determined in accordance with the following conditions and procedures' A® Smoking: In addition to any amount collected under Paragraph 6 above, the Tenant in a Dwelling Unit in which the Tenant, Caregiver, or other full-time occupant smoke shall deposit an amount equal to twice the monthly rental rate for the period the Tenant occupies the Dwelling Unit (monthly rent $ . x 2 = $ _ security deposit). The City will hold this security deposit for the period the Tenant occupies the Dwelling Unit. DWELLING UNIT LEASE AGREEMENT Page 4 of 19 After Tenant has moved from the Dwelling Unit, the City will determine whether the Tenant is eligible for a refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the conditions and procedures contained in Paragraphs C-H below. B. Non-smoking: In addition to any amount collected under Paragraph 6 above, the Tenant in a Dwelling Unit in which the Tenant, Caregiver, or other full-time occupant do not smoke shall deposit $450.00 with the City. The City will hold this security deposit for the period the Tenant occupies the Dwelling Unit. After Tenant has moved from the Dwelling Unit, the City will determine whether the Tenant is eligible for a refund of any or all of the security deposit. The amount of the refund will be determined in accordance with the conditions and procedures contained in Paragraphs C-H below. C. The Tenant will be eligible for a full refund of the security deposit only if the Tenant provides the City with a 30-day written notice of intent to vacate, as required by Paragraph 15 below, and providing the Tenant owes no accrued rent or other amounts owed under this Lease; i.e., damages. D® After the Tenant has moved from the Dwelling Unit, the City will inspect the Dwelling Unit and complete another Unit Inspection Report. The City will permit the Tenant to participate in the inspection, if the Tenant so requests. ge The City will refund to the Tenant the amount of the security deposit, less any amount needed to pay the cost off (1) Unpaid rem; and/or (2) Damages that are not due to normal wear and tear and are not listed on the "move-in" inspection report; and/or DWELLING UNIT LEASE AGREEMENT Page 5 of 19 (3) Returned checks, as described in Paragraph 7; and/or (4) Charges for unreturned keys, as described in Paragraph 11; and/or (5) Damage to common areas caused by Tenant or Tenant's household or Tenant's guests; and/or (6) Charges for clean up and/or pest control. (7) Other charges that may be made under applicable city ordinance policies or regulations. F® The City agrees to refund the amount computed in Paragraph 10-C within fourteen (14) days if the proper written notice is given in accordance with Paragraph 10-A, or 30 days if less than the proper notice is given after the Tenant has permanently moved out of the Dwelling Unit, returned possession of the Dwelling Unit to the City, and given his/her new address to the City. The City will also give the Tenant a written list of charges that were deducted from the deposit. If the Tenant disagrees with the City concerning the amount deducted and asks to meet with the City Property Caretaker, the Property Caretaker agrees to meet with the Tenant and informally discuss the disputed charges. G. If the Dwelling Unit is rented by more than one person, the Tenant agrees that any refund will be made by the City to the Tenant designated as the head of household. The unit residents will work out the details of dividing any refund among themselves. He The Tenant understands that he/she must pay rent each month, to include the month in which he/she is vacating, in accordance with Paragraph 6. The Security Deposit will be refunded in accordance with Paragraph 10 above. 11. Keys and Locks The Tenant agrees not to install additional or different security devices DWELLING UNIT LEASE AGREEMENT Page 6 of 19 or locks or gates on any doors or windows of the Dwelling Unit. When this Lease Agreement terminates, the Tenant agrees to remm to the project office all keys to the Dwelling Unit, mailbox, and security doors. The City may charge the Tenant $5 for each security door key and $2 for each Dwelling Unit door and mailbox key not returned upon termination of this Lease. The above amounts will be charged in the interim of this Lease for lost keys. Tenant understands that if he/she provides a key to an unauthorized person, it may be grounds for termination of this Lease. 12. The City's Obligations The City hereby covenants and agrees that: A. The Tenant shall have the fight to exclusive use and occupancy of the leased premises. B. The City shall respond in a reasonable time and manner to calls by the Tenant for services consistent with obligations under the Lease. Ce De Pest control shall be provided by the City as conditions may require. Pest control costs necessitated by the actions or inactions of the apartment residents or visitors thereto shall be paid by the Tenant. Absent a current written statement by a qualified physician, Tenant shall provide access to the Dwelling Unit for purposes of pest control upon reasonable notice. Repainting shall, be provided by the City as conditions may require. The City will inspect and decide when conditions of the Dwelling Unit warrant painting. me The City shall not discriminate against a Tenant in the provision of services or in any other manner on the grounds of race, color, creed, religion, sex, or national origin. DWELLING UNIT LEASE AGREEMENT Page 7 of 19 Fo The City shall maintain the common areas of the apartment complex and all equipment provided therewith, including any common facilities and equipment provided for the use and benefit of the Tenant, in a decent, safe, and sanitary condition, in compliance with regulations of local housing codes. G. The City shall be responsible for performing repairs to the interior and exterior of the building. The City shall make repairs within a reasonable time. If the damage is caused by Tenant, Tenant's family, Tenant's caregiver, and/or guest(s) of Tenant, Tenant shall be solely responsible for providing alternate accommodations during the repair of the damaged Dwelling Unit. H. In the absence of fault by Tenant, the City shall abate the rent in proportion to the loss of the use in the damaged premises if repairs are not made within a reasonable time. No abatement shall occur if the damage was caused by Tenant, Tenant's household, or guests. 13. The Tenant hereby covenants and agrees that: A. Tenant shall comply with all obligations and duties as set forth in this agreement and/or under state law, and/or under federal regulations and/or other federal law. Tenant further agrees to abide by necessary and reasonable regulations promulgated by the City for the benefit and well-being of the housing project and the tenants that may be posted in the project office and incorporated by reference in this Lease. B. Tenant must live in the Dwelling Unit for at least nine (9) months per year, and the Dwelling Unit must be the Tenant's primary place of residence. C. Tenant will pay the rent at the Kenai Senior Center, 361 Senior DWELLING UNIT LEASE AGREEMENT Page 8 of 19 Court, Kenai, Alaska 99611, on or before the fifth day of each month, without requiting a statement or notice thereof. D. Tenant must notify the City of any anticipated absence from the premises in excess of seven days. Where absences in excess of seven days are not anticipated, written notice is to be given as soon as reasonably possible after Tenant knows his/her absence will exceed this period. Be Fe Tenant shall not transfer, sell, or have duplicated, the security door key, nor open any security door to anyone other than their guests. Tenant is and shall remain capable of self-care to the extent necessary for the safety, health, and/or welfare of Tenant and Tenant's family and of others in the project. Upon request of the City Manager, Tenant hereby consents to submit to a physical examination by a physician of the City's choosing to determine whether the Tenant is capable of such self-care. The costs of such physical examination shall be borne by the Tenant. Ge A tenant who is unable to maintain and live in his/her Dwelling Unit, due to health or hospitalization reasons, shall be allowed an absence of no more than six (6) months from the Dwelling Unit. The City will terminate the Lease at the end of the six-month period. If, after the lapse of the six-month period, a licensed physician states in writing that the person's health has returned sufficiently to allow them to live in the facility (with the aid of a caregiver, if necessary) without endangering the health and safety of the Tenant or of others in the Project, they will be afforded an oppommity to make an application on the waiting list. He Tenant will not assign this Lease or sublet the Dwelling Unit or part of the Dwelling Unit, or transfer possession of the premises, or permit other individuals to remain overnight without registering DWELLING UNIT LEASE AGREEMENT Page 9 of 19 them at the project office. Permission for any overnight accommodations exceeding one week must be obtained from the Property Caretaker in writing. Requests for permission under this subsection are subject to review by the City Manager or his/her designee. Tenant will not sell or give accommodations to a roomer, boarder, lodger, or use or permit the use of premises for any purpose other than a private dwelling for the Tenant and the other members of the Tenant's household, as set forth in Paragraph 2 above. I® J® Children must be supervised at all times. Tenant shall not permit children to play in any common area such as hallways, lobbies, stairways, elevators, utility rooms and/or community rooms not designated as child facilities. Alcoholic beverages may not be stored, consumed, or served in common areas of the housing complex, to include community rooms. re Pajamas, nightgowns, wrap-around robes, and other similar articles of bedroom clothing shall not be worn in the community rooms, lobbies, lounges, sitting areas, halls, or other common areas of the project. Floats, caftans, hostess dresses, and zip-up robes are acceptable. Ce The Tenant must report to the Property Caretaker at once, any accident or injury to water pipes, drains or fixtures, electrical wires or fLxmre s. M. The Tenant will be held strictly responsible for any loss or damage to this and other Dwelling Units resulting from overflow from commodes, sinks, bathtubs, or basins in the Dwelling Unit caused by negligence of the Tenant. Waterbeds will not be allowed in any Dwelling Unit. DWELLING UNIT LEASE AGREEMENT Page 10 of 19 N. Tenant is responsible for the cost of damages caused by Tenant, Tenant's Family, Tenant's caregiver, and/or guest(s) of Tenant when such damages are beyond normal wear and tear. Damages, cleaning, or repair due to smoking are not considered normal wear and tear. Tenant will be held strictly responsible for any cleaning costs to the City for the Dwelling Unit. O. The Tenant shall not make alterations or repairs to the Dwelling Unit or to the equipment therein and shall not install any additional locks or fixtures without prior approval of the Property Caretaker. Pe Tenant will not remove any plants provided to the complex for the enjoyment of all tenants or take slips from plants without permission of the Property Caretaker. Q. The Tenant will keep the Dwelling Unit and f~xmres in a clean and sanitary condition at all times and will dispose of all trash and garbage in a sanitary manner. Tenant will not store any inflammable, such as gasoline, naphtha, solvent, etc., in the Dwelling Unit or elsewhere on the premises. Tenant will not store personal effects elsewhere on the premises without written permission of the Property Caretaker, nor will Tenant install outside antennas or aerials. Re Sidewalks, passages, common hallways, stairways, and fire escapes shall not be obstructed or used for any other purpose than ingress and egress from the premises; nor may personal items be kept or stored in any such area. Se Tenant will not permit any unreasonable loud noises in the Dwelling Unit that would cause annoyance or discomfort to other residents. DWELLING UNIT LEASE AGREEMENT Page 11 of 19 We No articles of any description shall be hung from the windows, balconies, or doors. Nothing whatsoever shall be thrown or otherwise discarded from the windows or balconies, or swept or thrown out of the doors of any Dwelling Unit. U. No pets or animals of any kind are allowed on the premises except dogs specifically trained to assist disabled individuals. V. The Tenant shall not waste nor unreasonably use water, electricity, or heat. W. Plumbing or electrical equipment shall not be used for any purpose other than that for which it was constructed. X® Private structures of any kind will not be built on the City property without written permission of the Property Caretaker. Y. The Tenant shall not conduct any business whatsoever, nor display signs of any type in or about the premises. Tenant agrees not to engage in nor permit unlawful activities in the Dwelling Unit, in the common areas, or on the project grounds. ge Tenant shall keep the doors to Tenant's Dwelling Unit closed. Tenants will not close fire doors in hallways and common areas unless so instructed by the City staff or fire department personnel. AAo Tenant shall not flourish a firearm or other weapon in or around any common area of the housing complex. BB. Vehicles' [1] Inoperative or discarded (junk) vehicles will be removed by the City at Tenant's expense after written notice has been DWELLING UNIT LEASE AGREEMENT Page 12 of 19 given by the City to Tenant. [2] No recreational vehicles, motor homes, trailers or boats may be parked or stored on the premises. [3] No vehicles may be washed or repaired on the premises. [4] Each tenant will be allowed to park only one vehicle in the parking area. [5] Each tenant who parks a vehicle in the parking lot must have a valid Alaska driver's license and be physically able to operate the vehicle. CC. Notices and signs posted by the City staff are not to be removed except by the City staff. DD. EE. The Tenant will quit and surrender the Dwelling Unit at the expiration of this Lease in a clean condition and in good order and repair. Tenant's attendance at the f'mal move-out inspection is optional. It is solely the responsibility of the Tenant to contact the Property Caretaker to ascertain the date and time of the f'mal (move-out) inspection. No smoking is allowed in the hallways or common areas. FF. Moving into or out of a unit may be conducted, only between the hours of 8:00 a.m. and 9:00 p.m. GG. All complaints or requests for maintenance must be made to the Property Caretaker in writing. HH. No illegal drags shall be allowed on the premises. II. The Tenant acknowledges that the contents of the Tenant's apartment are not covered, or are covered only to a very limited extent ($500 or less) under the City's property insmance. Therefore, the Tenant is strongly encouraged to obtain Tenant's DWELLING UNIT LEASE AGREEMENT Page 13 of 19 insurance to cover loss or damage to the property inside the Dwelling Unit. JJ. Tenants are allowed to install wallpaper in the units as long as the following roles are followed: [ 1] Wallpaper must be of the pre-pasted type. [2] Wallpaper must be removed when Tenant vacates the unit. [3] If wallpaper is not removed, the removal will be contracted out to a local vendor at the expense of the Tenant. 14. Rules A. The Tenant agrees to obey any House Rules that are incorporated into this lease. Modifications of this or other sections will be attached as an amendment and/or addendum. Tenant agrees to abide by such amendment or addenda and to obey any additional roles as will be incorporated herein after the notice period specified below. B. The Tenant will receive written notice of furore proposed roles at least 30 days before the role is to be effective, in order to give the Tenant an oppommity to submit comments concerning the additional roles. 15. The City's Access to Premises A. Upon a 24-hour advance written notice specifying the purpose of entry, the City has the fight of access to the Dwelling Unit at a reasonable time for the purpose off [1] Inspections. DWELLING UNIT LEASE AGREEMENT Page 14 of 19 [2] Repairs, alterations, or improvements. [3] To exhibit or display the Dwelling Unit to prospective tenants, workmen or contractors. [4] Pest control services. B. The City may enter the premises at any time without advance notification for the purpose of items (1) through (4) above, when the Tenant has been absent from the premises in excess of seven days. Ce The City may enter the premises at any time without advance notification when there is reasonable cause to believe that an emergency exists. De Ee After the Tenant has given a notice of intent to vacate, the Tenant agrees to permit the City to show the Dwelling Unit to prospective tenants during reasonable hours. If the Tenant moves before this agreement ends, the City may enter the Dwelling Unit to decorate, remodel, alter, or otherwise prepare the Dwelling Unit for reoccupancy. 16. Change in Rental Agreement The City may change the terms and conditions of this agreemem. Any changes will become effective only at the end of initial term or successive tenn. The City must notify the Tenant of any change and must offer the Tenant a new agreement or an addendum to the existing agreement. The Tenant must receive the notice at least 30 days before the proposed effective date of the change. The Tenant may accept the changed terms and conditions by signing the new agreement or the addendum to the existing agreement and returning it to the City. The Tenant may reject the changed terms and conditions by giving the City written notice that he/she intends to terminate the tenancy. The Tenant DWELLING UNIT LEASE AGREEMENT Page 15 of 19 must give such notice at least 20 days before the proposed change will go into effect. If the Tenant does not accept the amended agreement, the City may require the Tenant to move from the Housing Project, as provided in Paragraph 15. 17. Termination of Tenancy A. To terminate this agreement before moving from the Dwelling Unit, the Tenant must give the City written notice thirty (30) days before the next rental due date. If the Tenant does not give the full 30-day notice, the Tenant shall be liable for rent up to the end of the 30 days for which notice was required or to the date the unit is re-rented, whichever date comes first. Any termination of this agreement by the City must be carded out in accordance with state and local laws, and the terms of this agreement. The City may terminate this agreement only for: [1] The Tenant's material noncompliance with the terms of this agreement; [2] The Tenant's material failure to carry out obligations under the Alaska Landlord-Tenant Law; or [3] Other good cause that includes, but is not limited to, the Tenant's refusal to accept the City's proposed changes to this agreement. Termination for "other good cause" may only be effective at the end of the current lease term, initial or successive tenn. [4] Inability of the Tenant to be capable of self-care (even with the assistance of a caregiver if necessary) to the extem necessary for the safety, health, and/or welfare of the Tenant, Tenant's family, and others in the Project. Ce Material noncompliance and/or failure to meet Tenant obligation under (1) and (2) above includes, but is not limited to, nonpayment DWELLING UNIT LEASE AGREEMENT Page 16 of 19 of rent; failure to reimburse the City within 30 days for repairs made under Paragraph 10-G of this agreement; repeated late payments of rent; permitting unauthorized persons to live in the Dwelling Unit; serious or repeated damages to the Dwelling Unit or common areas; certain of physical hazards, including causing a fire; serious or repeated interference with the fights and quiet enjoyment of other tenants. De mo If the City proposes to terminate this agreement, the City agrees to give the Tenant written notice of the proposed termination. If the City is terminating this agreement for "other good cause", the notice of the termination must be received by the Tenant at least 30 days before the date the Tenant will be required to move from the Dwelling Unit. Notices of proposed terminations for other reasons must be given in accordance with any time frame set forth in state and local law. All termination notices will: [1] [21 [31 Specify the date this agreement will be terminated. State grounds for termination with enough detail to allow the Tenant to respond. Advise the Tenant that he/she has ten (10) days within which to discuss the proposed termination of tenancy with the City. The 10-day period will begin on the earlier of the date the notice was hand-delivered to the Dwelling Unit or the day after the date the notice was mailed. If the Tenant requests a meeting, the City agrees to discuss the proposed termination with the Tenant. F® If an eviction is initiated, the City will rely only upon those grounds cited in the termination notice required by Paragraph 17- B above. DWELLING UNIT LEASE AGREEMENT Page 17 of 19 18. Hazards A. The Tenant shall not undertake or permit his/her family or guest(s) to undertake any hazardous acts or to do anything that will increase the housing prq!ect's insurance premiums. Tenant shall: (1) immediately notify the City through its Property Caretaker, of any condition which is hazardous to life, health, safety, of occupants, or of damage to the premises; and (2) reimburse the City for the reasonable cost of repairs or correction of any such condition described in (1) above, if caused by Tenant, his/her household, or his/her guest(s). The C i [y shall: [1] Repair and correct any condition within a reasonable time which is hazardous to the life, health, safety of occupants, or substantial damage to the premises, subject to reimbursement by Tenant for any such condition which is caused by Tenant, his/her household or his/her guest(s). [2] Abate rent in proportion to the seriousness of damages and to the loss in value of the use of the damaged premises as a dwelling if repairs are not made within a reasonable time. C. If the Dwelling Unit is damaged by fire, wind, or rain, to the extem that the unit cannot be lived in, and the damage is not caused or made '.'.,orse by the Tenant, the Tenant will be responsible for rent only up to the date of the destruction. Additional rent will not be accruc:t until the Dwelling Unit has been repaired to a livable condition. If the unit is damaged by fire caused by the negligent act or failure to act of the Tenant, to the state where the unit is uninl:abitable, the lease terminates. 19. Contc",,ts of This Agreement This Agree:nent and its Attachments make up the entire agreement DWELLING UNIT LEASE AGREEMENT Page 18 of 19 between the Tenant and the City regarding the Dwelling Unit. If any coUrt declares a particular provision of this agreement to be invalid or illegal, all other terms of this agreement will remain in effect and both the City ax'~ Tenant will continue to be bound by them. 20. S~gn:.tures TENANT Tenant Date signed CITY OF KENAI Household resident Linda Snow City Manager 210 Fidalgo Avenue, #200 Kenai, Alaska 99611-7794 Date signet[ Date signed DWELLING UNIT LEASE AGREEMENT Page 19 of 19 AGENDA CITY COUNCIL- REGULAR MEETING JUNE 2, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMBEI~ http' / / www. ci.kenai.ak.us. ITEM A: CALL TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be routine and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent agenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: PUBLIC COMMENTS (10 minutes) le Cliff Evert -- Use of Airport Lands/Request for Assistance ITEM C: I~PORTS OF I~_~ ASSEMBLY, LEGISLATORS AND COUNCILS ITEM D: PUBLIC KEARiNGS Xe Ordinance No. 2045-2004 -- Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. Substitute Ordinance No. 2045-2004 -= Adopting the Annual Budget for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. 0 Ordinance No. 2046-2004 -- Increasing Estimated Revenues and Appropriations by $125,000 in the Congregate Housing Enterprise Fund to Repaint the Building Exterior. Substitute Or_at,~_~,~ce No. 2046-2004-- Increasing Estimated Revenues and Appropriations by $148,500 in the Congregate Housing Enterprise Fund to Repair the Building's Exterior. Ordinance No. 2047-2004-- Increasing Estimated Revenues and Appropriations by $5,000 in the Council on A~n§ - Title III Fund for Food and a Computer. Resolution No. 2004-27 -- Fixing the Rate of Levy of Property Tax for the Fiscal Year Commencing July 1, 2004 and Ending June 30, 2005. . . ITEM E: le 2. 3. 4. 5. 6. 7. ITEM F: Xe ITEM G: ITEM H: ITEM I: , Se Resolution No. 2004-28 -- Awarding the Bid to Hansen Painting. !nc. for Vintage Pointe Manor and Senior Center Exterior Stripping and P'ain~g - 2004 for the Total Amount of $165,000. Resolution No. 2004-29 -- Transferring $10,590 in the Airport Land System Specie Revenue Fund for Engineering and Design for Airport Land Development. COMMISSION! COIVZI~TTEE REPORTS Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission Planning & Zoning Commission Miscellaneous Commissions and Committees Beautification Committee Kenai Convention & Visitors Bureau Board Alaska Municipal League Report Kenai Chamber of Commerce Arctic Winter Games Stranded Gas Committee MINUTES *Special Meeting of May 18, 2004. *Regular Meeting of May 19, 2004. CORRF~PONDENCE OLD BUSINESS NEW BUSINESS Bills to be Paid, Bills to be Ratified Purchase Orders Exceeding $2,500 Ordinance No. 2048-2004-- Amending KMC 7.10.010 and 7.10.020 by Increasing the Sales Tax Rate from Three Percent (3%) to Four Percent (4%). *Ordinance No. 2049-2004 -- Increasing Estimated Revenues and Appropriations by $12,000 for a Federal Grant for Wetlands Protection. Approval-- Lease Application/Mike Spisak, d/b/a Bellair, Inc. -- Lots 5 and 6, Block 1, F.B.O. Subdivision. Discussion -- Streamlining of Commission/Committee Reports Discussion -- Municipal Advisory Group -- Stranded Gas/Resolution No. 2004-01. ITEM J: REPORT OF THE MAYOR ITEM K: ADM~ST~TION REPORTS, le City Manager Attorney City Clerk ITEM L: DISCUSSION 1. Citizens (five minutes) 2. Council EXECUTIVE SESSION -- Recreation Center Litigation and City Manager Contract. ITEM M: ADJOURNMENT AGENDA KENAI CITY COUNCIL- REGULAR MEETING JUNE 16, 2004 7:00 P.M. KENAI CITY COUNCIL CHAMB~ htTp://www, ci.kensi.ak, us 6:00 P.M., COUNCIL STAFF MEETING ITEM A: C2tL~ TO ORDER 1. Pledge of Allegiance 2. Roll Call 3. Agenda Approval 4. Consent Agenda *All items listed with an asterisk (*) are considered to be rout/ne and non- controversial by the council and will be approved by one motion. There will be no separate discussion of these items unless a council member so requests, in which case the item will be removed from the consent aEenda and considered in its normal sequence on the agenda as part of the General Orders. ITEM B: PUBLIC COMMENTS (10 m/nutes) o Anna Wheeler, Senior Connectton/J~,n McConnell, Project Coordinator -- Assisted Living Facility Project. ITEM C: ITEM D_: ITEM E: UNSC~DUL~D PUBLIC COMMENTS (3 m/nutes) I~._PO_RTS OF IrP_~ A._qs~._WmT__-Y, L~_~_~SYA~~ AND COUNCILS. P~PO_RTS OF ~AT CO~ON _/h_ VISITORS BUREAU ~OA~n ~l%t-'~'J_ Ks.N/tv CWAwF~_~I?, OF COMMmqCE ITEM F: o o ® PUBliC HEAR~GS,,, Ord__~,~o,tce No. 2049-2004 -- Increasin~ Estimated Revenues and Appropriations by $12,000 for a Federal Grant for Wetlands Protection. Resolution No. 2004-30 -- Authorizing the Use of the Equipment Replacement Fu~d to Pureh~e a l~eket Tmcl~ Resolution No. 2004-31 -- Award~ug a Contract to Western Power and Equipment for a 2004 Ti~er Triple Gan~ Flail Mower for the Total Amount of $108,362.42. , Se . e ITEM G: . ITEM H: ITEM I: ® Resolution No. 2004-32 -- Awarding a Contract to Alaska Oil Sales to Furmsh and Deliver Unleaded Fuel and Diesel Fuel No. 2 and Awarding a Contract to Jackson Enterprises to Furmsh and Deliver Diesel Fuel No. 1. Resolution No. 2004-33 -- Awarding a Contract to Alaska Oil Sales for Furnishing and Dispensing Unleaded and Diesel Fuel at the Service Station Located at Willow Street and Kenai Spur Highway. Resolution No. 2004-34 -- Awarding a janitorial Contract for the Kenm Community Library to Gleanway for the Period duly 1, 2004 Through June 30, 2005. Re~olutton No. 2004-35 -- Approving a Contract to Dowl Engineers for the Project Entitled Kenai Municipal Airport Supplemental Plann/ng Assessment for Individual Lump Sum Amounts Not to Exceed $424,000 Which Includes Phase I and Phase II. *Regular Meeting of June 2, 2004. OLD BUSINESS HEW BUSInEss, Bills to be Paid, Bins to be Ragf~ed Purchase Orders Exceed/ng $2,500 *Ordinance No. 2050-2004 -- Amending KMC 1.90.050(b) to Change the T;me Period for Allowed Absences for Commissions and Committees From Three Months to Six Months. *Ordinance No. 2051-2004 -- Increasing Estimated Revenues and Appropriations by $103,060 in the Police Department for a Homeland Security Grant to Purchase Equipment. Ora_ t-,-ce No. 2052-2004-- Adopting KMC 13.40.055 to Require Minors Under EiEhteen (18) Years Old to Wear a Properly Fitted and Fastened, Cexe/f~ed, Protective He!met While Riding Bicycles and Other Similar Vehicles in Public Access Areas, and Imposing a Fine for Violation of These Requirements. *Ordinance No. 2053-2004-- Amending the Land Use Table in KMC 14.22.010 to Provide That FAA Authorized Uses are Allowed in the Conservation Zone for those Properties Contained Inside the Airport P~dmeter Fence or Having Access to Aircraft Movement Areas, Ramps, Taxiway or Parking Aprons. Approval -- Kenai City Council Policy for Commission, Committee, Board and Council on Aging Meetings and Work Sessions. Approval -- Employment Agreement Between the City of Kenai and Linda L. Snow. Approval -- Assi~_ment of Lease and Security Assi~ment of Lease/Lot 3, Block 2, General Aviation Apron -- Kenai Air Alaska, Inc. and Craig R. Lofstedt to Schilling Rentals, LLC.  , 10. ITEM J: Discus,sion -- Kenai Boating Facility Exit Road. COMMISSION[ COMMITTEE REPORTS le 2. 3. 4. 5. 6. 7. Council on Aging Airport Commission Harbor Commission Library Commission Parks & Recreation Commission PlallninE & Zonin[~ Commission Miscellaneous Commissions and Committees a. Beautification Committee b. Alaska Municipal League Report c. Arctic Winter (]ames d. Stranded Gas Committee ITEM K: RRPORT OF THE MAYOR ITEM L: AD, MINIb-'TRATION REPORTS 1. City Manager 2. Attorney 3. City Clerk ITEM M: DISCU,~ION 1. Citizens (five m/nutes) 2. Council EXECUTIVE SESSION- None Scheduled ITEM N: ,ADJO~