HomeMy WebLinkAbout1976-07-07 Council Packet45OWN Eli'i
COUNCIL PACKETS
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JULY
Kenai City Council
Meeting
July 7,
Packet
1976
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COUNCIL MEETING OF JULVY, 1976
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CITY OF KENAI
I� ORDINANCE NO. 294-76
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AN ORDINANCE OF THE CITY OF KENAI, ALASKA, REPEALING CHAPTER 3,
ARTICLE 1, DOGS - LICENSING AND REGULATIONS AND ENACTING A NEW
CHAPTER 3, ARTICLE 1, DOG CONTROL.
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WHEREAS, the present dog control ordinance, even if strictly enforced, would be
ineffective to control the dog problem as it presently exists within the City of Kenai;
and
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WHEREAS, only the enactment of an ordinance which prohibits all dogs from running
at large can solve the
g dog problem; and
WHEREAS the institution of such arovision requires p qui numerous changes in the
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present dog control ordinance.
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NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Kenai, Alaska
that.
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Section 1. Article I of Chapter 3 of the Code of the City of Kenai is
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hereby repealed in its entirety.
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Section 2. A new Article I of Chapter 3 of the Code of the City of Kenai
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is here enact +
ed, such Article to read in its entirety as follows.
CHAPTER 3
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Article I
Animal Control
Definitions
Section 3-1. (a) As used in this article, "owner" means any person,
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firm, or corporation owning, harboring, or keeping a dog.
(b) "At Large" means off the premises of the owner and not under the
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control of the owner or a member of his immediate family, either by leash or
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otherwise. (Ord. 15, Sec. 1, 10-17-61).
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(c) "Animal Control Officer" shall be the designated person by the
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City to perform all duties as set forth by this ordinance. i
(d) "Kennel" - Any person, group of persons, or corporation breeding,
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buying, keeping, selling, or boarding three or more dogs over the age of four
months, whether for profit or not.
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License Required
Section 3-2. No dog owner shall keep any dog within the City after
the 1st day of January, 1962, unless a license therfor has been secured. Licenses
ahall be Issued by the Anival Control Officer for a fee of $3.00 for each neutered
male or spayed female dog and $5.00 for each unspayed female dog or non -neutered
male dog. An applicant for a license for a spayed female or neutered dog shall
present a statement from a qualified veterinarian indicating that the dog has been
spayed or neutered and giving the date of the operation. Licenses shall expire
on the 1st day of January next following their issuance. (Ord. 15, f2, 10-17-61.)
Date of Pavment
Section 3-3. It shall be the duty of each owner of a dog to pay the
license fee imposed in Section 3-2 to the Animal Control Officer or authorized
personnel on or before the first day of January in each year, or upon acquiring
ownership or possession of any unlicensed dog or upon establishing residence
in the City. The Animal Control Officer shall cause a notice of the necessity of
paying such license fee to be printed in a paper of general circulation within the
City one time before the 15th day of December in each year. (Ord. 15, 13, 10-17-61.)
Receipt of Tags
Section 3-4. Upon the payment of the license fee, the Animal Control
Officer shall execute a receipt in duplicate. He shall deliver the original receipt
to the person who pays the fee, retaining the duplicate. Tae shall also procure
a sufficient number of suitable metallic tags, and he shall deliver one appropriate
tag to the owner when the fee is paid. (Ord. 15, 14, 10-17-61.)
Affixing Tags
Section 3-5. The owner shall cause said tag to be affixed by a
permanent metal fastening to the collar of the dog so licensed in such a manner
that the tag may be easily seen by the officers of the City. The owner shall see
that the tag is constantly worn by such dog. (Ord. 15, 65, 10-17-61.)
Impounding,
Section 3-6. The official designated to catch and impound any dogs in
the City shall be Animal Control Officer of the City, under contract or directly
hired by the some. Said official "Animal Control Officer" shall have all of the
authority and responsibilities as set forth in Chapter 3, Kenai Code, 1963.
(Ord. 15, H.10-17-61; Ord. 160, 11, 3-19-69.
ORDINANCE NO. 294-76 - Page Two
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Notice of Impounding
Section 3-7. Upon taking up and impounding any dog as provided in
Section 3-6, there shall be posted on the City Council Bulletin Board, a notice of
impounding in substantially the following form:
NOTICE OF IMPOUNDING DOG
Date 19
TO WHOM IT MAY CONCERN: I have this day taken up and
Impounded in the pound of the City of Kenai, at
street, (am) (pm) , description of location
a dog answering to the following description: Sex ,
Color, Breed , Approximate
age , Name of Owner , City
license number (if any) . Notice is hereby given that
unless such dog is claimed and redeemed on or before
(am) (pm)on the day of 19 , the same will
be adopted or destroyed as provided by ordinance.
Animal Control Officer
Redemption
Section 3-8. Any dog may be redeemed from the pound by the owner within
the time stated in the notice by the payment to the Animal Control Officer of the
license fee for the current year with an impounding fee of $25.00 and $3.00 for
each day the dog is confined in the pound as the cost of feeding. (Ord. 15, §8,
10-17-61; Ord. 133, 61, 3-20-68; Ord. 160, § 2, 3-19-69.)
Release
Section 3-9. Upon the presentation of a correct license tag and a receipt
for a dog license for the current year and for the fees provided in Section 3-8,
the poundmaster shall release to any owner the dog claimed by him. (Ord. 15,
69, 10-17-61.)
Duplicate Tags
Section 3-10. In case any dog tag is lost, a duplicate may be issued by the
Animal Control Officer upon presentation of a receipt showing the payment of the
license fee for the current year. A charge of twenty-five cents shall be made for
each such duplicate tag. (Ord. 15, §10, 10-17-61.)
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--- - ORDINANCE NO. 294-76 -Page Three
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Establishment of Pound
Section 3-12. The City Council is hereby authorized to designate a dog
pound, or may contract for services, for the purpose of placing this article in effect.
--- The City Manager s^a, dcs.gnatc a poundastcr. (Ord. 15, M, iv -1'-6l; :irL'. 133,
13, 3-20-68; Ord. 160, 0, 3-19-69.)
Confinement of Certain DoLys
Section 3-13. (a) It shall be unlawful to allow any dog to run at large,
whether or not licensed, within the corporate limits of the City of Kenai.
(b) Dogs not wearing a collar and tag found running at large, anywhere within
the City limits, shall be taken up by authorized personnel or Animal Control Officer
_ - and impounded in the shelter designated by the Director of Public Works as the area
animal shelter, and there confined in a humane manner for a period of not less than
72 hours, unless claimed by the owner, and may thereafter be disposed of in a humane
- manner if not claimed by their own owners, or held for adoption. Dogs wearing a
collar and tagged found running at large within the City limits shall be impounded
for not less than 120 hours, and if not claimed by the owner or given up for adoption
shall then be disposed of in a humane manner. Immediately upon impounding any
animal, the Animal Control Officer shall make reasonable effort to inform the owner
of the conditions under which he may regain custody of such animal if said animal's
owner is known to said officer. No impounded dog shall be released from the animal
shelter unless all impoundment fees shall have been paid to Animal Control Officer.
J No dog shall be released from the area animal shelter unless evidence of a valid
license to provided.
Restrictions on Certain Dosis
Section 3-14. It is hereby declared to be a nuisance- and it shall be unlawful
to keep, maintain or permit on any lot or parcel of land, any animals or household
pets which by any sound or cry shall disturb the peace and comfort of any neighbor-
hood or interfer with any persons' reasonable and comfortable enjoyment of life.
No dog owner shall permit his dog to damage any lawn, garden, or other property.
(Ord. 15, 6 14, 10-17-61.)
Interference with Officers
Section 3-15, It shall be unlawful for any unauthorized person to break
open the pound or to attempt to do so, or to take or let out any dog therfrom , or to
take or attempt to take. from any officer" any dog taken up by him in compliance with
;s .. this article or in any manner to interfere with or hinder such officer in the discharge
of his duties under this article. (Ord. 15, 615, 10-17-61.)
i The Animal Control Officer or authorized personnel to hereby empowered to enter
— upon any private property where a dog or other animal is kept, which dog is alleged
to have bitten any person to inspect, seize and impound such dog under the provisions
herein stated.
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ORDINANCE NO. 294-76 - Page Four
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Offenses Involving Tags
Section 3-16. It shall be unlawful to counterfeit or attempt to counterfeit
the tags provided for in Section 3-4 of this article or to take from any dog a tag
legally placed upon it by its owner with the intent to place it upon another dog.
(Ord. 15, §16, 10-17-61.)
Tags Not Transferable
Section 3-17, Dog tags shall not be transferable, and no refunds shall be
made on any license fee because of leaving the City or death of the dog before the
expiration of the license period. (Ord. 15, 617, 10-17-61.)
Rabies -- Confinement of Suspected Dogs, etc.
Section 3-18. (a) Whenever any person owning, possessing, or harboring
any dog within the City limits shall learn that such dog has bitten any human being,
such ' person shall immediately Po g, a P Impound said do in lace of confinement to be
designated by the City. Said place of confinement must prevent escape and include
facilities placing the dog in total isolation from any human being or other animal.
A report of the actions taken shall immediately be reported to the Animal Control
Officer who shall notify all responsible officials. Whenever responsbile officials
of the City shall learn that any human being has been bitten by any dog within the
City, the identity of the dog shall be ascertained and the person owning, possessing,
or harboring it shall immediately deliver said dog for impounding as required herein.
Any dog so impounded shall be kept continuously confined for a period of 14 days from
the day the dog bit the human being, and the owner, possessor, or person harboring
- - the said dog shall be responsible for such charges as may be required for impounding,
Including but not limited to a fee for isolation of the said dog, food for the dog, and
special charges required for rabies prevention.
(b) Upon learning that a dog has bitten a human being, the Animal Control Officer
shall immediately notify the Department of Health and Welfare and inform the said
state agency of the place where the said dog is impounded. The City shall contract
:n with persons knowledgeable with care and handling of well and sick dogs for inspection
' of the said dog for the 14 days of confinement to determine whether such dog is
Infected with rabies. For this purpose, persons so designated by the City shall have
'. access to the premises where the dog is kept at all reasonable hours, and may take
T possession of the dog and confine it in the designated dog pound of the City or other
suitable place at the expense of the owner. The owner or person in possession
of harboring such d under observation shall immediate)
ring dog y notify the Department
of Health and Welfare of the State of Alaska of any evidence of sickness or disease
in the dog during its period of confinement and shall promptly deliver its carcass
to the appropriate agency in the event of the animal's death during the said period.
During the period of confinement, the owner, person In Possession, or person
harboring such dog shall be liable for all expenses of confining such dog in isolation.
ORDINANCE NO. 294-76 - Page Five
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(c) Whenever the prevalence of hydrophobia renders such action necessary to
protect the public health and safety, the mayor shall issue a proclamation ordering
every person owning or keeping a dog to confine him surely on his premises unless
he is muzzled so that he cannot bite. No person shall violate such proclamation,
and any unmuzzled dog running at large during the time fixed by the proclamation
snail be killed by the police without notice to the owner. (Ord, 15, 018, 10-17-61;
Ord. 37, 1 1, 12-5-62.)
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Confinement of Other Animals Suspected of Rabies
Section 3-19. In the event any animal other than a dog, shall require
confinement for purpose of observation for hydrophobia, or rabies, then such
animal shall be treated in the manner specified for handling rabid dogs. (Ord. 37,
12, 12-5-62.)
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City to Pay Expenses of Confining Such Dogs, when
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Section 3-20. In the event an owner, person in possession or person
- harboring a dog or other animal cannot be held responsible for expenses required
for confinement for observation of a rabies -infected animal, then the City shall be
j authorized to assume the expenses imposed by this article. (Ord. 37, 13, 12-5-62.)
Kennels
ID Section 3-21. No person, firm, or corporation shall maintain in this City
a kennel where dogs are kept for sale without securing a license therefor from the
City Clerk. The license fee shall be $25.00 per year. This fee shall be in addition
to the license fee prescribed in preceding sections for each dog kept in such kennel.
(Ord. 15, 119, 10-17-61.)
vaccination
Section 3-22. No license shall be granted for a dog which has not been
vaccinated against rabies as provided in this section during the 90 -day period
preceding the making of an application for such license except that when a dog
is first licensed for an entire year hereafter, the license may be issued H the dog
has been vaccinated within a period of six months preceding the application for a
license. vaccination shall be performed only by a doctor qualified to practice
veterinary medicine in the state in which the dog is vaccinated. A veterinarian
who vaccinates a dog to be licensed in the City shall complete in duplicate a
certificate of vaccination. One copy shall be issued to the dog owner for affixing
to the license application, and one copy shall be retained in the veterinarian's
files. Upon issuance of a proclamation, by resolution of the City Council, no
further applications will be accepted pursuant to Section 3-2 of this article until
the applicant has first compiled with the provisions of this section. (Ord. 15,
120,10-17-61.)
ORDINANCE NO. 294-76 - Page Six
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Penalty
Section 3-23. Any person. firm, or corporation violating any provision
of ii►in to iu Ic niuill `vr guuiy vi a n,itxiun,eanor and upon conviction thereof shall
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be punished by a fine of not more than $100.00 or imprisonment in jail for not more
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days. (Ord. 15, 121, 10-17-61.)
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PASSED BY THE COUNCIL OF THE CITY OF KENAI. ALASKA THIS DAY -
OF , 1976.
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CITY OF KENAI, ALASKA _
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JAMES A. ELSON, MAYOR
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ATTEST:
Sue C. Peter, City Clerk
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FIRST READING: June 16, 1976
SECOND READING: July 7, 1976
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CITY OF KENAI
ORDINANCE NO. 297-76/77(A)
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AMENDING THE 1976-77 GENERAL FUND BUDGET TO REFLECT INCREASES
IN ESTIAIATED REVENUES AND APPROPRIATIONS.
WHEREAS, the Alaska State Division of Libraries and Museums has made
a grant in the amount of $8,000 available to the Kenai Community Library
for materials to strengthen the collection; and
WHEREAS, the Council of the City of Kenai, Alaska, must formally accept
the grant from the State; and
WHEREAS, it becomes necessary to amend the 1976-77 General Fund Budget
to reflect the Library Development Grant.
NOW, WE,REFORE, BE IT ORDAINED by the Council of the City of Kenai,
Alaska, that the 1976-77 General Fund Budget is hereby amended to reflect
the following increases in estimated revenues and appropriations received
from the State Library Development Grant for the purchase of library materials
to strengthen, the collection.
Estimated Revenue: Library Development Grant 8,000
Appropriations: Library Development Grant 8,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS
Of , 1976.
CITY OF KENAI
JAMES A. ELSOX, MAYOR
ATTEST:
Sue C. Peter, City Clerk
FIRST READING: June 16, 1976
SECOND READING: July 7. 1976
EFFECTIVE DATE:
day
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CITY OF KENAI
ORDINANCE NO. 300-76
AN ORDINANCE OF THE COUNCIL OF THE ("ITV OF KENAI, ALARKA; AMENDMC,
THE 1975-76 GENERAL FUND BUDGET BY APPROPRIATING $2,779 TO THE GENERAL
FUND, BUDGETARY GUIDELINE ENTITLED "CRIMINAL JUSTICE GRANT NUMBER 74-A-057"
AND INCREASING ESTMIATED REVENUE "CRIMINAL JUSTICE GRANT NUMBER 74-A-057"
BY $2,779.
WHEREAS, the City of Kenai, Alaska, has been awarded a Police In Service Grant
in the amount of $2,925; and
WHEREAS, the local share of this grant is $146 and this amount is available from
Police Communications; and
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WHEREAS, the Council of the City of Kenai, Alaska, must formally accept the grant
from the State; and j
WHEREAS, these funds must be obligated no later than June 30, 1976; and
WHEREAS, it becomes necessary to amend the 1975-76 General Fund Budget to reflect
the Criminal Justice Grant.
NOW, THEREFORE, BE IT ORDAINED by the Council of the Cit, of Kenai, Alaska,
that the 1.975-76 General Fund Budget is hereby amended to reflect the following
increases in estimated revenues, appropriations and transfers for Criminal Justice
Grant Number 74-A-057:
Estimated Revenues: Criminal Justice Grant #74-A-057 S 2,779
Appropriations: Criminal Justice Grant #74-A-057 2,779
i TRANSFERS:
From: Police Department* - Communications 146
' To: Criminal Justice Grant #74-A-057 146
2 , , PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this day of
1976
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ATTEST:
Sue C. Peter,City Clerk
CITY OF KENAI
JAMES A. ELSON, MAYOR
FIRST READING: June 16, 1976
SECOND READING: July 7. 1976
EFFECTIVE DATE:
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CITY OF KENAI, ALASKA
ORDINANCE NO. 381-76
AN ORDINANCE OF THE COUNCIL. OF TIIE CITY OF KENAI, ALASKA,
AMENDING ORDINANCE NO. 289-76 REGARDING WATERSHED PROTECTION.
WHEREAS, Ordinance No. 289-76, as enacted, provides that all persons
appropriating water within the described territory must obtain consent
of the City regardless of the extent of the taking; and
WHEREAS, the description contained in Ordinance No. 289-76 may
include individually owned property; and
WHEREAS, it is not the intention of the City to prevent individuals
from taking water in inconsequential quantities; and
WHEREAS, the description contained in Ordinance No. 289-76 can be
changed so that it is wholly within the boundaries of the Kenai National
Moose Range without materially affecting its coverage of the Beaver Creek
Ground Water System.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai,
Alaska, that:
Section 1 of Ordinance 289-76 is hereb,► Amended to read in itr,
entirety as follows:
Section 1. It shall be unlawful, without prior written consent
of the City of Kenai, for any person or other entity to dig, build,
drive, drill or in any manner construct a well or otherwise
appropriate water from beneath the surface in the territory
described in Schedule A (amended) attached hereto and Illustrate
bythe attached map, if such appropriation is likely to have a
al detrimental effect on the City's water supply. Consent
shall not be given unless the Council of the City of Kenai has
approved such appropriation.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
day of , 1976
JAMES A. ELSON, MAYOR
ATTEST:
FIRST READING: June 16. 1976
Sue C. Peter, City Clerk SECOND READING: Julv 7. 1976
EFFECTIVE DATE.:
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SCHEDULE "A" (AMENDED)
The houndary line enromnac-�e% fifty-two (52) square miles of
Beaver Creek Ground Water System and is totally within the
Kenai National Moose Range.
The boundary line begins on the Moose Range boundary between
Section 31, T6N, RlOW, Section 6, TSN, R10W, where the Moose
Range boundary crest forms a corner with the Moose Range boundary
north; thence, north, following the Moose Range westerly most
boundary to a point on the north most border of Section 5, T7N,
R10W, where it intersects the Moose Range boundary; thence, east
along the northern border of Section 5 and 4, T7N, R10W,
approximately two (2) miles; thence, southeast approximately
two and one-half (2h) miles to a point of intersection at
Sections 10, 11, 14, 15, T7N, R10W; thence, south-southwest
approximately 1.4 miles to a point on the south most border
of Section 15, T7N, R10W, 1200 feet west of the intersection of
Sections 15, 14, 23, 22, T7N, R10W; thence, 300 feet south where
the boundary turns southwest and passes through the east most
border of Section 22, T7N, R10W, approximately 1500 feet south
of the intersection of Sections 15, 14, 23, 22, T7N, RlOW; thence,
southwest through the northeast quarter into the southwest
quarter of Section 23, T7N, R10W, to a point on the south most
border -of Section 23, T7N, R10W, 1500 feet from the corner
intersection of Sections 23, 24, 25, 26, T7N, RlOW; thence,
northeast passing through the most easterly border of Section 23,
approximately 900 feet north of the intersecting corner of
Sections 23, 24, 2S, 26, T7N, R10W; thence, bisecting the most
southerly border of Section 24, T7N, R10W; passing through the
northeast quadrant of Section 25, T7N, R10W, to intersect the
most westerly border of Section 30, T7N, R9W, approximately 300
feet south of the corner intersection of Sections 24 and 25,
T7N, RlOW, Sections 19 and 30, T7N, R9I1; thence, approximately
4,500 feet due east into Section 30, T7N, R9W; thence, due south
bisecting the south most border of Section 30, T7N, R9W and
passing into Section 31, T7N, R9W for approximately 900 feet due
south; thence, southeast, intersecting the most westerly border of
Section 32, T7N, R9W and proceeding east approximately 900 feet
where it turns south-southwest and intersects the most southerly
border of Section 32, T7N, R9W, approximately 300 feet east of
the corner intersection of Sections 31, 32, T7N, R9W, and
Section 5 and 6, UN, R9W; thence, due south through the northwest
quarter of Section 5, T6N, R9W approximately 1,500 feet; thence,
turning southwest, intersecting the most easterly border of Section 6,
UN, R9W, at a point approximately 2,000 feet south from the corner
intersection of Sections 5 and 6, T6N, R9W and Sections 31.and
32, T7N, R9W; thence, through 'the southeast quadrant of Section 6,
T6N, R9W, due southwest 2,100 feet; then, due south 900 feet;
thence, southwest to intersect the most northerly border of
Section 7, T6N, R9W, approximately SOO feet west of the corner
intersection of Sections 5, 6, 7 and 8, T6N, R9W; thence, due
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south to the first major basin boundary approximately 500 feet
west of the most westerly border of Section 8, T6N, R9W; thence,
northwest to intersect the most westerly border of Section 7,
UN, R9W; passing straig1hL nortliwebL to iatelseCL the i11u:;L
northerly border of Section 1, T6N, RlOW, approximately 900 feet
from the corner intersection of Sections 6 and 7, T6N, R9W, and
Sections 1 and 12, T6N, RlOW; thence, northwest intersecting the
most easterly border of Section 1, T6N, R10W, approximately 2,100
feet north of corner intersection of Sections 1, 2, 11 and 12,
TO, R1011; thence, west-southwest, intersecting the corner
intersection of Sections 2, 3, 10, 9, T6N, R1019; thence, apppproximately
3,900 feet following the south most border of Section 3, TO,
RlOW; thence, due south-southwest intersecting the most easterly
border of Section 10, T6N, R10W, approximately 1,200 feet north of
corner intersection of Sections 9, 10, 15 and 16, T6N, RlOW;
thence, south-southwest intersecting the most southerly border of
Section 21, T6N, R10W, approximately 1,800 feet west of the most
easterly border of Section 21, T6N, R9W; passing through the
northwest quadrant of Section 28, T6N, RI.OW, intersecting the most
westerly border of Section 28, T6N, R1OW, approximately 1500 feet
south of intersecting corner, Sections 20, 21, 28 and 29, T6N,
RlOW; thence, 1.14 miles due west intersecting the most easterly
border of Section 30, T6N, RlOW, approximately 2,000 feet south
of intersecting corner of Sections 19, 20, 29 and 30, T6N, RlOW;
thence, due south, intersecting the Moose Range boundary approx-
imately one and one-half (1h) miles east from intersecting
corner of Sections 28, 29, 32 and 33, TO, R10W; thence, west to
the point of beginning.
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June 15, 1976
'c9 Mr. Roland D. Lynn
City Manager
City of Kenai "
Box 580 - N
Kenai, Alaska 99611 j
Dear Mr. Lynn:
Enclosed is a copy of an application for the transfer of a beverage :..
dispensary license.
J
KAT14AI MOTEL; Katmai Motel, Inc.; Pres -Jack R. Peck; VP-John B. Thompson;
Sct/Treas-Althea Peck; Corner of Beaver Loop & The Spur Road, Kenai;
Mail: Box 2840, Kenai FROM: Jack Peck & John Thompson.
You have 30 days in which to protest this application. _
If no response is received from you within 30 days plus 10 days for
reasonable mailing time, the Board will assume you have no objection to
the issuance and will take final action on the application.
f If this is a new application or change of location, vie need to hear from
yo whether or not population and zoning criteria are met.
Sincerely,
(Mrs.) Dorothy Swick" �
Records & Licensing Supervisor
Enc.
;I
_ . it If 11 III II ISI
AGENDA
i REGULAR MEETING - KENAI CITY COUNCIL
JUNE. 16, 1976 - 8: 00 P.M.
PUBLIC SAFETY BUILDING
� PRCI'
PLEDGE OF ALLEGIANCE
A.
ROLL CALL
1
AGENDA APPROVAL
I
B.
PUBLIC HEARINGS
1. Reerentional Site License - Kenai Peninsula Racing Association, Inc.
I
2.
j
8.
•
I
C.
PERSONS PRESENT SCHEDULED TO BE HEARD
1. Commander George Graham - American Lrl;ion
1
2. Mr. James E. Visher
3
D.
MINUTES
I. Minutes of the Regular Meeting of June 2. 1976
4
E.
CORRESPONDENCE
I. Port of Kenai
4
F.
OLD BUSINESS
1. Ordinance No. 294-76 - Animal Control
4 _
2. Ordinance No. 301-76 - Amending Ord. 289-76, Kenai {Vater Reserve
5
3.
i
4.
,
5.
0.
NMV BUSINESS
1. Bills to be paid. Bills to be ratified
6 1
2. Ordinance No. 297-76/77(A) - Basic Grant. Kenai Community Library
6
3. Ordinance No. 300-76 - Accepting Criminal Justice Grant
7
4. Resolution No. 76-28 - Transfer of Funds/Animal Control
7
5. Resolution No. 76-29 - Transfer of Funds/Police Department -Communications 8
6. Kenai B.P.O.E. #2425 - Lease Rate Determination
8
7. Cost Estimate #6 - Kenai Community library Project
9
8.
9.
•
10.
U.
12.
13.
14.
15.
H.
REPORTS
1. City Manager's Report
9
2. City Attorney's Report
H
3. Mayor's Report
11
4. City Clerk's Report
11 ti
5. Finance Director's Repots
11
S. Planning 6 Zoning Commission's Report
12
7. Kenai Peninsula Borough AssembIy's Report •
13
1. •
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
1.
13
2.
V
-gid.
4
s
e�
KENAI CITY COUNCIL - REGULAR MEETING
JUNE 16, 1976 - 8:00 P.M.
PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Tom Ackerly, Al Hudson, Richard Morgan, Dan Whelan, Edward
Ambarian and James Elson
Absent: Walter Sweet
AGENDA APPROVAL
The following items were approved for addition to the agenda of June 16, 1976:
C-2: Mr. James E. Fisher
E-1: Port of Kenai
E-2: City of Valdez
E-3: Kenai-Soldotna Shrine Club
B. PUBLIC HEARINGS
B-1: Recreational Site License - Kenai Peninsula Racing Association, Inc.
Mr. Aber, Acting City Manager, advised Council that a Recreational Site
License provided for the serving of beer one hour before and during an
event and one hour after. Administration had no objection to the issuance of
a Recreational Site License to Kenai Peninsula Association, Inc.
} Mayor Elson opened the meeting to the public. There being no comment,
! ; = the hearing was returned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, that the Council
t of the City of Kenai had no objection to the issuance of a Recreational Site
License to the Kenai Peninsula Racing Association, Inc.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-1: Commander George Graham - American Legion
Vice Commander Moody spoke in behalf of the American Legion with regard
-`— to their lease of Building 107 in the FAA housing area for an annual rental
rate of $500. As the FAA is insisting on fair market value to be charged
j for the area being leased, the American Legion was advised that they would
," : i`�.... - =� - I�.I h• 1' II I 'I pl III I-`YI• - I III run Iil.y� - —�� - ��.'�' - el d1 1 I ILI—
KENAI CITY COUNCIL, RI;GUI.AR A EIETING, JUNE, 16, 1976 PAGE 2
-� have to pay the fair market value or vacate the premises. The American
Legion stated that they had made considerable investigation in other facilities
and had even put a deposit on some lands which they later found out could
not be used for their intended needs because of zoning restrictions. Therefore,
the American Legion is still searching for property on which to build a facility
and would like an extension on their present lease until such time they can
locate and/or build a structure. Vice Commander Aloody advised that the
Legion is not in a financial position to pay the fair market value and requested
Council consideration to grant them an extension of time, at their present lease
rate, which would enable them locate other facilities.
Councilman Ambarian asked the terms of the agreement between the City and
the Legion and City Attorney, Janis Williams, advised that in October, 1975,
the Council had agreed to allow the Legion to remain in their present facilities
until June 30, 1976, at an annuli rental rate of $500. After June 30th, they
were to either begin paying fair market value for the facilities or vacate
immediately.
Mayor Elson stated it was his personal inclination to grant the extension
based on the Legion submitting documentation that they are trying to
locate other facilities on a pre -arranged basis.
Councilman Ambarian stated he felt a time element of three months should be
stipulated so that Council could review the Legion's progress in locating
another location and this in turn would indicate to the FAA that we are
complying with requirements.
Councilman Morgan stated in his opinion as the City is subsidizing the airport
as much as they are, the FAA should not be able to dictate the administration
of the lands. The City should do everything possible to assist organizations
such as the Legion, as these organizations entered into their agreements with
the City in good faith.
Councilman Ambarian stated that as long as the City continues to subsidize
worthy organizations, the City will have to continue subsidizing the airport.
Councilman Ackerly stated he was in favor of granting the extension at the
present lease rate with a three month review of the Legion's progress in obtaining
new facilities.
Commander Graham Explained the financial situation of the Legion and their
anticipated revenues in the upcoming months.
Mayor Elson stated that he had no objection to the three month review period
but the City should do all in its power to help the Legion reach their goals.
KENAI CITY COUNCIL, REGULAR MEETING, JUNE 16, 1976
PAGE 3
Councilman Whelan suggested that a six month review period might be a bit
more equitable.
Councilman Ambarian stated that the reason he felt a three month period might
be of some indication to the FAA that the City is trying to set some type
of procedure to be used in future negotiations with the various organizations
in similar situations.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for approval of
a 90 day extension of the present lease agreement to the American Legion.
MOTION:
Councilman Morgan moved to amend the motion to a 6 month extension of the
present lease agreement between the City and the American Legion.
Motion died for lack of second.
Councilman Hudson inquired if the American Legion would be requested to come
before Council and report on their progress in obtaining new facilities? Mayor
Elson stated it was his intent that the American Legion submit a report to i
Administration on their progress which would be directed to the Council for their
perusal. '
QUESTION: I
Motion passed unanimously by roll call vote. -
C-2: Mr. James E. Fisher
Mr. Fisher came before Council to request their assistance in encouraging the
State to clear the sidewalks through the Urban section. Mr. Fisher stated
that a possible hazardous situation might be created wherein children walking
and riding their bikes on the sidewalk have to travel on the Spur Highway
as there is so much dirt, etc. on the sidewalks from the construction project.
Mr. Aber advised that he had contacted the State Highway Department twice
and was told both times that the State will clear the walks as soon as the
contractor has completed the project -- so the matter should be taken care of
in the very near future.
Mr. Fisher also inquired about Willow Street in that it should be brought up
to standards. Its original design was not meant to be permanent just an access
to the Terminal Building. Now increased traffic has made it necessary to
Make some improvements plus a sidewalk should be installed to enable pedestrians
to travel safely to and from the Terminal Building into the urban section. -
Mr. Fisher advised he was aware of an amendment to the State Highway Act _
which might provide the necessary funding to complete this project. i
•
- -- - . --•- �...- ..,.._��-� Tom;-�=_���- - -� - -- -,'
0
q
rz
KENAI CITY COUNCIL, REGUI,Alt AlF -'TING, JUNIs 16, 1976 PAGE 4
Mr. Aber stated he felt this project would also qualify for Local Roads and
Trails funds. Mayor Elson directed Administration to confer with Mr. Fisher
and investigate the matter further with regard to the State Highway Act and
the Cit;r of KPnAi's entitlement,
D. MINUTES
D-1: Minutes of the Regular Meeting June 2, 1976
The minutes of the Regular Meeting of June 2, 1976, were approved as
distributed.
E. CORRESPONDENCE
E-1: Port of Kenai
Mayor Elson read a letter received from Mr. Asilton Hancock,the Port
of Kenai, wherein Mr. Hancock advised the City that the Port desired to close
the access road through their yard to the docks. Mr. Aber was instructed to
provide information with regard to costs, etc. for completing the access road
and submit to Council at the next meeting.
E-2: City Of Valdez
Mayor Elson read a letter received from Mayor George Hillar inviting Mayor Elson
and his wife to participate in the upcoming four day celebration that Valdez is
planning for July Ist through July 4th. Mayor Elson instructed the Clerk to
respond advising that due to prior commitments, they would not be able to attend.
E-3: Kenai-Soldotna shrine Club
A letter received from the Parade Committee of the Kenai-Soldotna Shrine Club
was read by Mayor Elson in which they invited the City to participate in the
annual Soldotna Shrine Parade and Rodeo on July 24th and 25th. The Mayor
instructed the Clerk to thank them for their invitation but advise that the City
would not be able to participate this year.
F. OLD BUSINESS
F-1: Ordinance No. 294-76 - Animal Control
As copies of Ordinance No. 294-76 were made available to the public prior to
the meeting, Mayor Elson read the Ordinance by title only. "An Ordinance of
the City of Kenai, Alaska, repealing Chapter 3, Article 1, Dogs - Licensing
and Regulations and Enacting a new Chapter 3, Article 1, Dog Control".
i
D
-- _ r
KENAI CITY COUNCIL, REGULAR MEETING, JUNE. 16, 1976
PAGE 5
MOTION:
Councilman Iludson moved, seconded by Councilman Whelan, for introduction of
Ordinance No. 294-76, Dog Control.
Councilman Ambarian stated he objected to Section 3-13, wherein dogs were not
allowed to run at large within the corporate limits of the City. Councilman
Ambarian further expressed that he felt dogs in the outlying areas would not
be creating the nuisance as in the more populated areas such as the subdivisions
and perhaps the leash law should not be required in the outlying zones.
Mr. Aber explained the proposed programs for Animal Control.
QUESTION:
Motion passed unanimously by roll call vote.
F-2: Ordinance No 301-76 - Amending Ordinance 288-76 Kenai Water Reserve I
V r I
Mayor Elson read the ordinance by title only as sufficient copies were made
available to the public. "An Ordinance of the Council of the City of Kenai, i
Alaska amending Ordinance No. 289-76, regarding watershed protection".
Mr. Aber advised that this ordinance had been revised so that the description
contained in Ordinance No. 289-76 can be changed so that it is wholly within
the boundaries of the Kenai National Moose Range without materially affecting
its coverage of the Beaver Creek Ground Water System. Also, the wording
in Section 1 of Ordinance No. 289-76 was amended to read in its entirety, "It
shall be unlawful, without prior written consent of the City of Kenai, for any
person or other entity to dig, build, drive, drill or in any manner construct
a well or otherwise appropriate water from beneath the surface in the territory 1
described in Schedule A (amended) attached hereto and illustrated by the attached
map, if such appropriation is likely to have a substantial detrimental effect on the
City's water supply. Consent shall not be given unless the Council of the City of
Kenai has approved such appropriation".
Councilman Morgan inquired if the amendments to the regulations were strict
enough and City Attorney, Janis Williams, stated the amendment was vague in
a sense and one strengthening area would be to stipulate gallonage limit, etc.
Mayor Elson expressed concern over such situations such as the aquifer could
be contaminated, etc. Mr. Aber advised that the oil companies were the only ,
groups involved in that area at this time and their operations are strictly
controlled.
Councilman Hudson asked if Mr. Patrick O'Connell (Assemblyman) felt this amend-
ment better explained exactly what the City was trying to do? Mr. O'Connell
replied that he felt the amendment was well stated but perhaps the only- problem
is if the people in the area of the proposed protected area feel they might have to
come to the City to obtain a permit.
KENAI CITY COUNCIL, REGULAR ATERTING, JUNE 16, 1976
,
PAGE 6
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, for introduction
of Ordinance No. 301-76, amending ordinance No. 289-76 regarding watershed
protection.
Motion passed unanimously by roll call vote.
G NEW BUSINESS
G-1: Bills to be paid - bilIs to be ratified
Mr. Aber advised those bills which were budgeted and those items which had
not been budgeted but transfers had been made to properly cover these expendi-
tures.
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for approval of
all those bills listed for payment and approval of ratification of those items
listed in the June 16 list of disbursements.
Motion passed unanimously by roll call vote.
G-2: Ordinance No. 297-76/77(A) - Basic Grant, Kenai Community 1Llbrary
Mayor Edson read Ordinance No. 297-76/77(A), "an ordinance of the Council of
the City of Kenai, Alaska, amending the 1976-77 General Fund Budget to reflect
increases in estimated revenues and appropriations. Whereas, the Alaska State
Division of Libraries and Museums has made a grant in the amount of $8,000
available to the Kenai Community Library for materials to strengthen the collection;
and, Whereas, the Council of the City of Kenai, AIaska, must formally accept the
grant from the State; and, Whereas, it becomes necessary to amend the 1976-77
General Fund Budget to reflect the Library Development Grant. Now, Therefore,d
be it ordained by the Council -of the City of Kenai that the 1976-77 General Fund
Budget is hereby amended to reflect the following increases in estimated revenues
and appropriations received from the State Library Development Grant for the
purchase of library materials to strengthen the collection. Estimated Revenue.-
Library
evenue:Library Development Grant - $8,000. Appropriations: Library Development Grant -
$8,000".
I
Mr. Ross Kinney, Finance Director, advised that this request has to go in prior
to the effective date of the Ordinance to secure the funds. Mr. Kinney further
advised that this was a 100% grant.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for introduction
of Ordinance No. - 297-76/77 (A) , Basic Grant, Kenai Community Library, amending
the 1976-77 General Fund Budget to reflect increases in estimated revenues and
appropriations and for Council authorization to proceed with submittal of grant
to the Alaska State Division of Libraries and Museums.
Motion passed unanimously by roll call vote.
KENAI CITY COUNCIL, REGULAR XIEETING, JURE: 16,1976 PAGE 7
G-3: Ordinance No. 300-76 - Accepting Criminsl Justice Grant
Mayor Elson read Ordinance No. 300-76, by title only as sufficient copies were
made available to the public. "An ordinance of the Council of the City of Kenai,
Alaska, amending the 1975-76 General Fund Budget by(Appropristing $2,779 to the
General Fund, Budgetary Guideline entitled "Criminal Justice Grant lumber 74 A-057"
and increasing estimated revenue "Criminal Justice Grant Number 74-A-057" by
$2,779."
Chief Richard Ross advised that the City of Kenai had been awarded a Police In -
Service Grant in the amount of $2,925 and that these funds must be obligated no
later than June 30, 1976. AIr. Kinney advised that this ordinance and grant was
another in that these funds must be obligated before final effective date of the
ordinance.
MOTION:
Councilman Hudson moved, seconded by Councilman Whelan, for introduction of
Ordinance No. 300-76, Accepting Criminal Justice Grant.
Motion passed unanimously by roll call vote.
G-4: Resolution No. 76-28 - Transfer of Funds/Animal Control
Mayor Elson read Resolution No. 76-28, "resolving that the following transfer of
monies be made within the 1975-76 General Fund Budget: From: Animal control - {
Salaries and Wages - ($4,928). To: Animal Control - Machinery and Equipme=nt -
$4,928. The purpose of this resolution is to transfer budgeted dollars to allow
for the purchase of a vehicle to be used for the transportation of animals".
Mr. Aber requested that as a $3 expenditure had been made, the transfer of monies
be amended from $4,928 to $4,925.
Mr, Aber also inquired if Council could give direction to Administration as to what
type of program they would like with regard to Animal Control facility. Mr. Aber
stated he felt that Council's decision would. make a determination on the expenditure
of the $4,925. Councilman Whelan asked Mr. Aber if the contractor who had sub-
mitted a proposal could obtain insurance, bonding and meet zoning requirements?
Mr. Aber advised that the contractor did state he could obtain insurance, etc,
but the facility would have to be located in the City Shop Compound. However, a
problem did arise with regard to the contract in that the contractor wanted a 5 -year
commitment and the City Attorney advised that the City could not enter into this
type of agreement. With regard to the City building their own facility, Mr. Aber
stated a structure could be built (per proposal submitted to Council), however,
all labor would have to be done by City crews which would create a situation wherein
other items would have to be postponed in the public works department during
construction. Councilman Ambarian stated he felt that not enough money had been
budgeted -- other items should not be set aside to build the facility. Councilman
Hudson concurred with Councilman Ambarian in that he felt not enough monies had
been set aside for Animal Control to have a proper program.
KENAI CITY COUNCIL, REGULAR AlIIETIA:G, JUNE 16, 1976
PAGE 8
Councilman Whelan stated lie felt that the City had to start somewhere as the problem
of animal control was getting more difficult -- Councilman Whelan stated from the
proposal the City could at least erect a facility and expand upon it in the future.
Councilman Ambarian stated he felt that the City forces were not experienced enough
to construct the facility and that if the facility were to be built, it should be contracted
out.
MOTION:
Councilman Whelan moved, seconded by Councilman Hudson, for approval of
Resolution No. 76-28, Transfer of Funds/Animal Control.
Motion passed by roll call vote. Toting yes; Ackerly, Hudson, Whelan, Ambarian
and Elson. Voting no; Morgan.
G-5: Resolution No. 76-29 - Transfer of Funds/Police Department -Communications
Mayor Elson read Resolution No. 76-29, "resolving that the following transfer of
money is hereby made within the 1975-76 General Fund Budget - From: Police
Department - Operating Supplies, $170 To: Communications - Machinery and
Equipment - $170. The purpose of this resolution is to provide funds for the
purchase of one chair for the Communications Center".
Mr. Aber advised that a chair for the dispatchers was badly needed and Administration
recommended approval of the resolution.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for approval of
Resolution No. 76-29, Transfer of Funds/Police Department - Communications for
the purpose of purchasing one chair for the Communications Center.
Motion passed unanimously by roll call vote.
G-6: Kenai B.P.O.E. #2425 - Lease Rate Determination
Mr. Aber advised the Council that a letter had been sent to the Kenai Elks
Club advising them that their annual lease rate had been adjusted to $.03/sq.
ft. or $1,383.72 yearly. In prior years, an agreement between the City and
the Elks had been reached in that an "in -lieu of lease payment" had been made
by the Elks for material and labor put into the park adjacent to their facility.
In May of last year, the FAA had advised the City it must receive "fair market
value" on all airport lands and the Elks Club had been advised that they must i
begin making a lease payment of fair market value to the City. The question
-the Administration is now asking is the determination of the lease to the Elks --
should the City demand the fair market payment or lvhat other alternative would
the Council consider?
KENAI CITY COUNCIL, REGULAR A9I:rTING, JUNr 16, 1976
t
I
.I
I I I I I I� I I 11 11
PAGE. 9
Councilman Morgan stated that this again was the same type of arrangement
as other organizations such as the American Legion, etc, had had with the
City in that they all entered into agreements In good faith and were now being
advised that they must adhere to the stipulations as set forth by the FAA.
Perhaps a meeting could be arranged between City Administration and representa-
- tives from the Elks Club to work out an equitable agreement.
Councilman Hudson stated that the City is only adhering to the 5 -year
renegotiation clause in the lease agreement. Councilman Whelan inquired
If there was anything in the records indicating that the Elks have been complying with
their agreement to make "in -lieu of lease payments" in the form of labor
and materials for the park? Mr. Aber advised that nothing had been found in
the City's files. Alayor Elson stated he felt we should go ahead with the dollar
amount in renegotiation at this point.
MOTION:
Councilman Ambarian moved, seconded by Councilman Ackerly, for Council
approval that the City proceed with renegotiation with the Elks Club lease
for Lots 1 and 2, Block 3, Fidalgo Subdivision at $.03/sq.ft. or $1,383.72/annually.
Motion passed by roll call vote. Voting yes; Ackerly, Hudson, Whelan,
Ambarian and Elson. Voting no; Morgan.
G-7: Cost Estimate #6 - Kenai Community Library Project
Mr. Aber advised that the project was 90% completed and Administration
recommended payment of Cost Estimate #6 in the amotnit of $65,271.09 to
Coastal Gamble.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, for approval of
Cost Estimate #6 in the amount of $65,271.09 to Coastal -Gamble, contractor for
the Kenai Community Library Project.
Motion passed unanimously by roll call vote..
H. REPORTS
H-1: City Manager's Report
(a), Wien Termination - Mr. Aber advised the Council that Wien had submitted
the final termination agreement and an amount of $17,000 to be paid by Wien
to the City.. Administration did recommend one amendment to the lease,
which Wien agreed to also, in that each party agrees not to sue the other
at any time in the future.
KENAI CITY COUNCIL,, 31 CULAR r-IrETING., JUNE 16, 1976
MOTION:
Councilman Hudson moved, seconded by Councilman Ambarian, for acceptance
of the "Mutual Release" between the City of Kenai and t';ien Air Alaska, Inc.
With ptiln not 4h4 .•.•s „f QI9 Rail .. i tt, ,r.-Ce—„s s- •. - :
1_ it__ �_. m N..• . s ,• , rna.. ia4 ui.,w.♦ �V L?C aaii.i i{UCU
-_ per recommendation of City Administration terminating the lease between the
City and Wien and such lease is of no further force and effect.
WE
Motion passed unanimously by roll tail vote.
(b) EDA Water Well Project - letters have been written to Alaska Congressional
Delegation with regard to the metering requirement. Advertising should begin
next week on the project. Another problem which came up during budget
work sessions was that of retaining the Engineer for the project -- need
authorization to use bond funds to retain this position. The City should get
reimbursement after project begins.
Councilman Hudson inquired if Mr. Kinney was in agreement with the proposal.
Dir. Kinney advised that yes he was in agreement as there were no funds avail-
able in Public Works for this position after July 1st. Councilman Ambarian asked
If monies could be used from position which is now open because of a recent
resignation in the Public Works 'Department?
MOTION:
Councilman Iiudson moved that proper procedures be taken to pay for the
engineering position out of the salary of the recently resigned position of
Airport Liaison/Olanning Administrator until such time that a replacement has
been found for this position.
Motion died for lack of second .
Mr. Kinney advised that a transfer would be in order for payment of this
salary out of another position and perhaps the City should wait until determination
has been made exactly how long the position is vacant, etc.
MOTION:
Councilman Ambarian moved, seconded by Councilman Hudson, that the position
of Public Works Assistant (Engineer for Water Well Project) be funded out of unfilled
positions until such time the EDA Water Well Project is underway.
Motion passed unanimously by roll call vote.
(c) Parks & Recreation - Administration requests Council direction so that the program
can get underway. Air. Aber stated that during the Budget Work Sessions, the
impression he received for the Recreation Program was to hire a director with
two assistants who would not only supervise programs for youth but attend to
the maintenance of the various parks and fields as well.
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KENAI CITY COUNCIL, REGULAR DlEETING, JUNE 16, 1976 PAGE 11
Councilman Ackerly advised that both John Stengle and Cindy Romberg had
shown an interest in an P,ecreational Program and suggested Administration
contact them.
Councilman Ambarian stated in his opinion the main object of the program would
be maintenance for the first year.
Councilman Morgan suggested that a Director be hired who would then develop
a program to be presented to Administration and Council for review.
(d) Resignation - Mr. Aber advised that Mrs. Deborah Daisy had resigned her
position effective July 1, 1976.
(e) Change of Office Hours - City employees had requested Council consideration
to change the City office hours to 8: 00 a.m. - 4:30 p.m. with a thirty minute
lunch break. After discussion, it was the unanimous feeling of Council that as
the City served the public, the office should remain open as in the past --
8:00 a.m. to 5:00 p.m.
MAYOR AND COUNCILMEN: COMMENTS AND DISCUSSIONS
Councilman Ackerly inquired as to the stat'as of the water meter which had
been installed at Wildwood and Mr. Aber advised that all was working well
and there appeared to be some interest on their part in negotiating the bill
with regard to their contract commitment on furnishing water to the City
in the event of an emergency.
H-2: City Attorney's Report
None
H-3: Mayor's Report
Mayor Elson advised of a public hdaring to be held on Tuesday, July 6th,
2:00 p.m. in the Public Safety Building concerning changing of regulations
for Revenue Sharing. Representatives from Community and Regional Affairs
will be in attendance.
H-4: City Clerk's Report
None
H-5: Finance Director's Report
Mr. Kinney advised that he had received a call from Bruce Aronson in Juneau
and they have received the schedule of revised Impact "Funds and it has been
accepted and reimbursement will be made. With regard to the Library furniture,
Mr. Richard Engen of the State Libraries did authorize grant funds but final
approval will be made upon final request by the City.
1
J -Mai
..11 1 1 10 1 1iII�r11 - -11
1
KENAI CITY COUNCIL, IIFOULA11 111EFTING, JUNEE, I6, 1976 PACE. 12
Oberts Insurance have prepared a quote and Dawson Company will have their
quote in first of the week -- insurance premiums will be higher for the up-
coming year. The City has also received a temporary waiver from the sepr-rate
account for the EUA Water Well Project.
The City must advertise the "Planned Use Report" in the upcoming edition
of the local newspaper and Mr. Kinney asked for Council direction
as the City is entitled to $55,853 and $40,850 was appropriated. $14203
will be received for that period which has not been appropriated. Mr. Kinney
recommended that these funds be used for capital expenditures and should not
go into maintenance operations of the City. Mr. Kinney stated that these
funds could be used for such uses as construction of an Animal Shelter.
Councilman Morgan stated he felt the City should not construct the Animal
Shelter with City personnel but contract out the services.
MOTION:
Councilman t'Vhelgn moved, seconded by Councilman Hudson, that $40,850 be
put under 1976-77 Public Safety, repair and maintenance and the $14,203 under
"Other" - Animal Control on the "Planned Use Report".
Motion passed unanimously.
Mr. Kinney advised the Council that the Financial Statements would be ready
on Thursday.
Councilman Morgan asked Mr. Kinney the status on the "past -due" water and
i sewer billings. Dir. Kinney advised that his Department was in the. process
of reviewing the list and will take proper action to collect the past -due amounts.
Mr. Kinney stated there is approximately $4,400 delinquent billings. The Finance
j Department is also reviewing past due accounts with regard to assessments
(� and dumping fees.
I3-6: Planning & Zoning Commission's Report,
- - b
s Councilman Ambarian reported that the Commission has set two public hearings
for the future on the following items: Vacation on 117illow Street (to the bluff)
and the use of the old NC Tire Center as a Church and School.
Councilman Hixdson stated it was his feeling that there is no reason that
the cities in the Borough zoning regulations should comply with one another
as suggested by the Borough.
Councilman Ambarian also reported that Commissioner Nick Miller was sworn
' { in and seated.
KENAI CITY COUNCIL, RI:CUI.AR MI:I TING, JUNK 1G, 197G PAGE I3
;y
^j H-7: Kenai Peninsula Borough Assembly's Report
Councilman Hudson repo ied that the among the Assembly's business
of the evening awes Ord. 76-30, an ordf.nance titwwidiri 1;FB 20.04.040 to
provide for limiting the number of tracts which can be platted without meeting
the field survey requirements of KPB 910.04 - after much discussion finally
passed in form it was presented. Also Ord. 76-41, an ordinance providing an
election code passed introduction. The bid was awarded on the Seward High
School and the schematics on the Soldotna High School were presented by the
architects with an estimated construction cost of $88/sq. ft. Mr. Leroy 11. Barton,
Jr., was confirmed as Director of Finance of the Kenai Peninsula Borough. i
The Assembly had considerable discussion with regard to the memo on "May the
North Peninsula Recreation Service Area expand its recreation powers to recreational
pursuits beyond that of construction and maintenance of a swimming pool?" -
there have been some objections raised from areas such as Tyonck. fi
1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
None
,1
There being no further business, Mayor Elson adjourned the regular meeting
of the Kenai City Council at U:15 p.m.
1
Respectfully submitted, +t
5 C . Peter, City Clerk 3
-- -- - _ 4
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ARTHUR C. EVA\S
CERTIFIED PUBLIC ACCOUI.2TANT
P.O. BOY. 3282
KENAt. ALASKA 99611
June 21, 1976
Hon. James Elson
Mayor, City of Kenai
Box 2788
Kenai, Alaska 99611
Dear Jim:
MEMBER
AMERICAN INSTITUTE OF CERTIFIED PUOLIC ACCOUNTANTS,
ALASKA SOC.ETY OF CERTIFIED PUDLIC ACCOUNTANTS
COLORADO 6OCIETY OF CERTII ICD PUOLIC ACCOUNTANTS
It is with great reluctance and regret that I must submit
my resignation from the City of Kenai Advisory Planning and
Zoning Commission, effective June 25, 1976.
After considerable review of the requirements of the Financial
Disclosure Law in conjunction with the rules and regulations
governing the Certified Public Accountant profession, it appears
the disclosure requirements are in conflict with my professional
rules concerning acts that violate the confidential relationship
between the Certified Public Accountant and his client.
The required disclosure of names of clients could only be
made by securing in advance the expressed approval of each and
every client to disclose their names as to the client-C.P.A.
relationship. In order to secure a complete list of such consents
would not only be cumbersome, but time consuming, and any one
denial would preclude meeting the requirements of the regulations.
I support the concept of the Financial Disclosure Law; how-
ever, I believe the requirements as related to self-employed
service oriented businesses is discriminatory, and the $100.00
minimum is not a proper level to gauge possible conflict of interest.
I wish to thank you for your expressed interest and confidence
in my qualifications to serve as a Commission member, and regret
the necessity of making this decision. I have enjoyed serving on
the Commission and the relationships with the other members who,
I believe, are a very dedicated conscientious group of citizens.
Yours very truly,
t r C. Evans
Certified Public Accountant
ACE: le
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ARTHUR C. EVA\S
CERTIFIED PUBLIC ACCOUI.2TANT
P.O. BOY. 3282
KENAt. ALASKA 99611
June 21, 1976
Hon. James Elson
Mayor, City of Kenai
Box 2788
Kenai, Alaska 99611
Dear Jim:
MEMBER
AMERICAN INSTITUTE OF CERTIFIED PUOLIC ACCOUNTANTS,
ALASKA SOC.ETY OF CERTIFIED PUDLIC ACCOUNTANTS
COLORADO 6OCIETY OF CERTII ICD PUOLIC ACCOUNTANTS
It is with great reluctance and regret that I must submit
my resignation from the City of Kenai Advisory Planning and
Zoning Commission, effective June 25, 1976.
After considerable review of the requirements of the Financial
Disclosure Law in conjunction with the rules and regulations
governing the Certified Public Accountant profession, it appears
the disclosure requirements are in conflict with my professional
rules concerning acts that violate the confidential relationship
between the Certified Public Accountant and his client.
The required disclosure of names of clients could only be
made by securing in advance the expressed approval of each and
every client to disclose their names as to the client-C.P.A.
relationship. In order to secure a complete list of such consents
would not only be cumbersome, but time consuming, and any one
denial would preclude meeting the requirements of the regulations.
I support the concept of the Financial Disclosure Law; how-
ever, I believe the requirements as related to self-employed
service oriented businesses is discriminatory, and the $100.00
minimum is not a proper level to gauge possible conflict of interest.
I wish to thank you for your expressed interest and confidence
in my qualifications to serve as a Commission member, and regret
the necessity of making this decision. I have enjoyed serving on
the Commission and the relationships with the other members who,
I believe, are a very dedicated conscientious group of citizens.
Yours very truly,
t r C. Evans
Certified Public Accountant
ACE: le
3
THE AMERICAN INSTITUTE OF ARCHITECTS 1
O
AIA Document A101
Standard Form of Agreement Between
Owner and Contractor
where the basis of payment is a
STIPULATED SUM
THIS DOCUMENT HAS IMPORTANT LEGAL CONSEQUENCES; CONSULTATION WITH
AN ATTORNEY IS ENCOURAGED WITH RESPECT TO ITS COMPLETION OR MODIFICATION
Use only with the latest Edition of AIA Document A201, General Conditions of the Contract for Construction.
This document has been approved and endorsed by The Associated General Contractors of America.
AGREEMENT
made this 21st. day of June in the year of Nineteen
Hundred and seventy Six
BETWEEN the Owner: City of Kenai
Kenai, Alaska
and the Contractor: Paul Timmerman Co.
P•0• Box 509
Woodinville, Washington 98072
the Project: Rurniture and Shelving for the
Kenai Public Library
the Architect:
The Owner and the Contractor agree as set forth below.
AIA DOCUMENT A101. OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA® • 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
_+ 1
AIA DOCUMENT AIN • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIXO • 01974
SHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
-
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ARTICLE 1
THE CONTRACT DOCUMENTS
-' The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other
_ C+)rttiisitfrict tlra*yinat cr•ecifiC3iBcns, s.l tu:ic^.da issued pr*i it)ext.twiun ui this Agreeinem and ail Modifications
issued subsequent thereto. These form the Contract, and all are as fully a part of the Contract as if attached to this i
Agreement or repeated herein. An enumeration of the Contract Documents appears in Article 7. I
i
- ARTICLE 2
a
= THE WORK
The Contractor shall perform all the Work required by the Contract Documents for
(Hero insert the caption dewipthe or the Wok K used on odor contact Documents.)
Furnishing and Installing( Library furniture and shelving
-- per the bid which opened hI 21, 1975
_
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-. - ARTICLE 3
TIME OF COMMENCEMENT AND COMPLETION .
j
The Work to be performed under this Contract shall be commenced i.taetediately
ninety days
and completed
-
thea Jrsscrt my Woolif provisions rot liquidated dtmsaa tehaki; to Wftw to complete an time.)
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AIA DOCUMENT AIN • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIXO • 01974
SHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
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ARTICLE 4
CONTRACT SUM
-
The Owner shall pay the Contractor for the performance of the Work, subject to additions and deductions by Change
Oalcr d> pitivided in the l_undilium us i6r Curs(saa, in current iunds, the Conuact bum of 462, 96. 6b .51
Sixty two thousand nine hundred sixty three and 51/100 dollars
(State here the lump sum amount, unit Prices, or both, as desired)
9% payment upon delivery of materials to the library
_
Balance of 10% upon completion of the installation and acceptance
by the owner
• .
ARTICLE 5
PROGRESS PAYMENTS
Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued
by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as pro-
vided in the Conditions of the Contract as follows: ;it3e article r4
On or about the day of each month per cent of
the proportion of the Contract Sum properly allocable to labor, materials and equipment incorporated in the Work
and per cent of the portion of the Contract Sum properly allocable to materials and
equipment suitably stored at the site or at some other location agreed upon in writing by the parties, up to
days prior to the date on which the Application for Payment is submitted, less the aggregate
of previous payments in each case; and upon Substantial Completion of the entire Work, a sum sufficient to increase
the total payments to per cent of the Contract Sum, less such retainages as the Architect
shall determine for all incomplete Work and unsettled claims.
(lf not covered elsewhere in rhe Contract Vocaments, here insert any Provision for limiting or reducing the amount retained after the Work reaches a certain
am" of corroction.)
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Any moneys not paid when due to either party under this Contract shalt bear interest at the legal rate in force at the -
place of the Project.
AIA DOCUMENT A101 • O%VNER.C-ONTRACTOR AGREtMENT • JANUARY 1974 EDITION • AIAO • ®1974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006 3-
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ARTICLE 6
FINAL PAYMENT
Final payment, constituting the entire unpaid balance of the Contract Sum, shalt be paid by the Owner to the
Contractor days after Substantial Completion of the Work unless otherwise stipulated in the
Certificate of Substantial Completion, provided the Work has then been compacted, th—c Contact fully Nerfoursed,
and a final Certificate for Payment has been issued by the Architect.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7,1 Terms used in this Agreement which are defined in the Conditions of the Contract shall have the meanings
designated in those Conditions.
_ 73 The Contract Documents, which constitute the entire agreement between the Owner and the Contractor, are listed
In Article 1 and, except for Modifications issued after execution of this Agreement, are enumerated as follows:
(UM below the Ayeemeat, Conditions of the Contract (General, Supplementary, and other conditions), Drawings, SpedAcations, Addends and accepted
- - Alternates. showing page or sheet number in all cases and dues where apptttabie.)
Items deleted from the original bid of lay 21, 1976:
1. All of section F. Oddiments
2. All Appliances in Employee's Loun,-e and Cleaning Ap.) s?nce;
3. All Booksupports
4. All Backstops on single faced siwlvinu and one half of
the backstops on the dou'ole facer( shelving;
_ 3. Charging end panels from the cardholder type to a flat
slab end panel 3/411 in thickness x shelving height x
_ shelving vridth.
This Agreement executed the day and year first written above.
OWNER
' CITY CF KWAI
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.PAUL TIl"71x..dI= COASpkNy
AIA DOCUMENT A101 • OWNER -CONTRACTOR AGREEMENT • JANUARY 1974 EDITION • AIA0 • 01974
THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D. C. 20006
q
To be ratified:
IRS
660.65
Payroll Tax Adjustment
Livia's Janitoral
_, I- ' � i fi� iT i n i n . i uw •i ii i i i unn i l i�i"
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" The following are items
over $500.00
which need
Council approval
or ratification:
Dawson & Co.
11506.00
May Workman;s Comp.
NBA
25,893.87
FICA Withholding
Dept. of Revenue
To be approved for disbursement:
State W/H Taxes
AMEFCU
3,489.00
�. VENDOR
AMOUNTS
P.O.
DESCRIPTION
First Federal Savings
Wince-Corthell
735.00
PERS
Engineering Services
NC Machinery
519.85
8127
Grade Parts
. Airport Lighting
-
540.10
7585
Taxiway Sign
Western Utilities Supply C.
1,355.40
7729
Clamps, couplings, & Gaskets
Decor
520.73
7920
Airport Shades I
Carrs
920.00
8125
Projector & Equipment
Cummins NW
4,377.46
8173
Fuller Transmission
To be ratified:
IRS
660.65
Payroll Tax Adjustment
Livia's Janitoral
1,750.00
Janitoral Contract
tional -Chg.,
KUSCO
976.91
June Utiti ities
Dawson & Co.
11506.00
May Workman;s Comp.
NBA
25,893.87
FICA Withholding
Dept. of Revenue
7,386.22
State W/H Taxes
AMEFCU
3,489.00
Credit Union WH
NBA
1,400,000.00
Cert. of Deposit
First Federal Savings
260,000.00
Saving Accounts
PERS
7,482.90
Pension Contribution
HEA
3,318.53
June Electricity
CITY OF KENAI
ORDINANCE NO. 302-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI AMENDING THE CODE
OF THE CITY OF KENAI TO PROVIDE PENALTIES FOR THE DUMPING OF SEWAGE
INTO THE CITY DISPOSAL SYSTEM WITHOUT A PERMIT.
WHEREAS, in the past indiscriminate dumping into the City disposal
system has placed burdens on that system; and
WHEREAS, the City wishes to provide for dumping into its system as
a public service; and
4IHEREAS, to defray added costs the City should charge a reasonable
Fee for such service and provide penalties for dumping without
payment.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenai,
Alaska, as follows:
The Code of the City of Kenai is hereby amended by adding
to Chapter 17, a new Article 8 which shall read in its
entirety as follows:
ARTICLE 8
Section 17-76. No person shall dump, deposit or in any other
-- manner dispose of sewage or cesspool material into the
- P City sewer
system without first obtaining a written permit from the City of
Kenai.
Section 17.77, No person shall dump, deposit or in any other
manner dispose of sewage or cesspool material into the City sewer
,f system without having in his possession a valid dumping ticket issued
within two hours of the dumping.
Section 1778. No person shall dump sewage or cesspool material
containing any foreign material (i.e. rocks, oil, cans, etc.) into the
' City sewer system.
Section 17.79. Dumping shall be done only at the location or
.r� locations specified by the Director of Public Works of the City of
°- Kenai.
'r Section 17-80. Dumping permits shall be issued without charge.
- The fee for each dump ticket shall be changed as specified by the
Council of the City of Kenai by resolution.
�,�� _ = e _ f - .� - � = a -._ - � ' . s• .rs - � � s --i -� - � i=-� —•�- --=�."mow _
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Section 17-81. Any person, firm or corporation violating any
of the provisions of Sections 17-76 through 17-80 shall be guilty
--, of a misdemeanor and shall be subject to a fine in an amount not
to exceed $100,00. Each dumping shall constitute a separate
violation.
` CITY OF KENAI
JAMES A. ELSON, MAYOR
ATTEST:
_ Sue C. Peter, City Clerk
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
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CITY OF KENAI
ORDINANCE NO. 303-76
AN ORDINANCE Ur' THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
$14,203 TO THE CAPITAL PROJECTS FUND ENTITLED "ANMIAL SHELTER" AND INCREASING
ESTIMATED REVENUES ENTITLED "FEDERAL SHARED REVENUE" BY $14,203.
WHEREAS, the City of Kenai is in need of a facility to shelter impounded animals; and
WHEREAS, it becomes necessary for the City of Kenai to either purchase or construct
a facility to be used as an Animal Shelter; and
WHEREAS, the City of Kenai is a recipient of federal shared revenue funds in the amount
of $14,203; and
- = WHEREAS, the City of Kenai desires to appropriate funds to be received under the
Federal Revenue Sharing Act to functions considered permissible appropriations
by the act; and
- WHEREAS, proper accounting practiVe requires that all appropriations of City monies
. be made by ordinance.
r-� NOW, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, that
the City appropriate $14,203 to the Capital Projects Fund entitled "Animal Shelter" and
Increase estimated revenues entitled "Federal Shared Revenue" by $14,203.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this
1976.
JAMES A. ELSON, MAYOR
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
day of
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CITY OF KENAI
ORDINANCE NO. 304-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REGULATING
THE USE OF THE PROCEEDS OF THE 1% SALES TAX LEVIED FOR RETIREMENT OF
PRIOR YEAR DEFICITS.
i
WHEREAS, a 1% sales tax was levied by Ordinance No. 267-75 for the purpose of
retirement of prior year deficits; and
WHEREAS, it is the intent that the proceeds of such tax be used solely for the purpose
for which it was levied and not used for some other purpose in an emergency situation;
and
WHEREAS, it is the desire of the Council that any other ube of such proceeds be _
made by greater than a majority of the Council in a non -emergency context.
NOW, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, as w
follows:
Section 1: Use of the proceeds of the 1% Sales Tax levied by Ordinance I w
No. 267-75 for the retirement of prior year deficits for any other purpose
other than retirement of the deficit may be made only after opportunity, for
public hearing on such other use has been afforded and five members of the
Council have voted in favor of such other use at a regular meeting.
Section 2: This ordinance may be amended or repealed only by non-
emergency ordinance.
PASSED this day of , 1876.
JAMES A. ELSON , MAYOR
ATTEST:
Sue C. Peter, City Clerk - ---- -- - - - --
. FIRST READING:
SECOND READING:
EFFECTIVE DATE: `
T1w- -
__..- .-._ ._I _- 'I_ _ •.I. .I"- __ I I"'I •"" I I i i ilMi i•�I � .. VIII II�II IVIII I L•f II• 'I I II s I I L,..+.. .
- CITY OF KENAI
i
-- RESOLUTION NO. 76-30
4 - I
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA., ACCEPTING
ADDITIONAL FUNDS IN THE AMOUNTS OF $86,550 and $69,000, INCREASING THE
STATE OF ALASKA DEPARTMENT OF ENVIROMIENTAL CONSERVATION'S SHARE
TO $309,750 FOR THE CONSTRUCTION OF THE KENAI WATER SYSTEM EXPANSION,
WHEREAS, the State of Alaska's Department of Environmental Conservation has
granted funds in the amount of $154,200; and
WHEREAS, the State of Alaska Department of Environmental Conservation has
granted the City increases in the amounts of $86,550 and $69,000 to be applied
to the financing of the Kenai Water System Expansion; and
WHEREAS, the State of Alaska's Department of Environmental Conservation requests
that these funds,be formally accepted by the Council of the City of Kenai.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska
that the additional funds in the amounts of $86,550 and $69, 000, be hereby accepted
thus increasing the State of Alaska, Department of Environmental Conservation's
share to $309,750 for the construction of the Kenai Water System expansion.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS day
of July, 1976.
ATTEST:
Sue C. Peter, City Clerk
CITY OF KENAI
JAMES A. ELSON, MAYOR
n�'"'i `inui nn - IIII II •I iiitiif�liliiiilllliii iin i ism. . III I -
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CITY OF KENAI
- TELEPHONE POLL
The following results are for a telephone poll conducted for the purchase
of a vehicle for the City of Kenai Recreation Program. The vehicle is a 1976
half ton Chevrolet pick-up (used) for a purchase price of $4,700. j
Mayor James Elson
Councilman Richard Morgan
Couc " .1i Ed d Ambarian
..K
nwar
-
Councilman Al Hudson
Councilman Tom Ackerly
s -
Councilman Dan Whelan
Councilman Walter Sweet
Dated this day of July, 1976.
I
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Requested three quotes be submitted
on comparable vehicles
No
Yes
Yes
Yes
Yes
Yes
� 1
`Sujp,'C. Peter, City Clerk
CITY OF KENAI
' 1 M;OLUTION NO. 76-32
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A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, TRANSFERRING
BUDGETING FOR THE CITY CLERK POSITION TO THE LEGAL DEPARTMENT.
WHEREAS, under the provisions of Ordinance 299-76, the City Clerk to appointed
by the Council: and
WHEREAS, the position at present is budgeted under the City Manager Department,
and
WHEREAS, the Council wishes to alleviate potential conflicts of interest inherent
in the present budgeting of the position .
NOW, THEREFORE, be it resolved by the Council of the City of Kenai, Alaska,
that the following changes are hereby made in the 1976-77 Annual Budget as
adopted by Ordinance No. 297-76.
1. The salary and benefits for the City Clerk are hereby transferred
from the City Manager Department to the Legal Department by the
following line item changes:
FROM:
City Manager
Salaries and Wages (14,916)
Overtime (1,314)
Accrued Leave ( 803)
Employees Benefits ( 4,475)
TO. -
Legal
Salaries and Wages 14,916
Overtime 1,314
Accrued Leave 803
Employee Benefits 4,475
2. The Magnetic Card typewriter used by the City Clerk is hereby
r transferred from the City Manager Department to the Legal Department by
the following line item changes:
FROM:
j City Manager
i Rentals (3,420)
i TO:
Legal
Rentals 3,420
PASSED by the Council of the City of Kenai, Alaska, this day of duly, 1976,
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ATTEST:
-
G=
Sue C. Peter, City Clerk
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RESOLUTION NO. 76-32 - Page Two
I•
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5
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JAMES A. ELSON, MAYOR
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CITY OF KENAI
TELEPHONE POLL OF COUNCIL
(6-24 a 6-25)
The follocving are the results of a Telephone Poll conducted on June 24th and
June 25th for the purchase of a vehicle for the Animal Control Program. This
vehicle to a 1976 Chevrolet Truek(Still under warranty) at $4,900.
Mayor James A. Elson
Councilman Walter Sweet
Councilman Richard Morgan
Councilman Dan Whelan
Councilman Edward Ambarian
Councilman Tom Ackerly
Councilman Al Hudson
Yes
Yes
No
Yes
Yes
Yes
(Out of the City)
aw op"�zj
u -C. Peter, City Clerk
I
1.F:A%F (111
A111C(lM' LANA# ()Jt
TUI$ A(S1ikIMM.-NT. MJtcred iriit .... ._, _.
14 . iw owl fintw. m. !i!^ C!!*? L`S' t:17..".1. z ::v:..:: i u4i i„i.ui. iJ.al corptoruGun
! ofAlaska. hereinafter called "City". and St. IF, Fi etcher ddb/a Kenai
:Theatre Enterprises hereinafter called "Lessee".
That the city, in consideration of the payments of the rents and
the performance of all the covenants herein contained by the: I.assee, does
hereby demise and lease to the Lessee the following described property in the
Kenai Itecording District, State of Alaska: to wit:
Lot 12 Alyeska Subdivision, Section S. Township
5 tiorth, Range 11 Hest, Seward Meridian, Kenai
Recording District
Term: The term of this Lease is for 55 years.
commencing on thejtday of Jul v , 1475, to the30thdsy of
June . 2031 , at the annual rental off 900.00 ,
PAymenu SubjE ct to the terms of General Covenant No. 10 of
this Lease, the rental specified herein shall be payable as follows:
(a) Bight of entry and occupancy Is authorized as of the I s t
day of July , 1M. and the firrt rent shall be computed from such
date until June 30. 2031,lftth4h�tdg�t'�¢6P�4SEd�9$tJfFlf""�
to ftiff !@WWW!!ii�i►!4�'tli�t$A&.
(b) Annual rent for the fiscal year beginning July I and ending
June 30 shall be payable in advance, on or before the first day of duly of each
year.
(c) Rental for any period which is less than one (1) year shall
be prorated, based on the rate of the last full year.
(d) The rent specified herein is calculated as follows:
30.OQ0 square feat at S .03 per square foot per year.
or $ 900.00 per you.
. In addition to the rents specified above, subject to General
Covenant No. 10, the Lessee agrees to pay to the city fees as hereinafter
providedt
(a) Assessments for pubIie improvements now benefiting property
in the amount of 1 " 526,(0 for sewer assessments and $1,628.30o
water assessmeet`s.�'
(b) Applicable taxes to leasehold interest or other aspects.
(c) Sales Tax now enforced or loviod in the future.
(4) Lessee agrees to pay all assessments levied in the future by
the City of Kenai, as It Lessee were considered legal owner of record of leased
property
(e) Interest at the rate of eight percent (8%) per annum and ten
poraent (10%) penalties on any amount of money owed under this Lease which
is not paid on or before the date it becomes; due.
twi hbtifl°~*Eel*ftxftsnviNBEHddttil@Oli�Dfl{iAltH�+O
page one, I.P.ASP, Revision 4/29/76
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The purpose for which this II is Issued is:
ADDITIONAL PAP,r.If1G ARCA
GENERAL COVENANTS
1. Uses: Except as provided herein, any regular use of lands
or facilities without the written consent of the City is prohibited. This
prohibition shall not apply to use of areas designated by the City for specified
public uses, such as passenger terminals, automobile parking areas and streets.
2. Uses Not Contemnlated Prohibited: Solicitation of donations
or the promotion or operation of any part 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. Impounding of Property: Any or all personal or real property
t placed or used upon lands or in facilities in violation of prohibitions may be
i removed and/or impounded by the City, and when so removed and/or
impounded, such property may be redeemed by the owner thereof only upon
the payment to the City of the costs of removal plus storage charges of $1.00
per day. or $5.00 per day in the case of each building or each aircraft in
} excess of 6.000 pounds gross weight, or In the case of any other kind of
` property, an amount not to exceed $5.00 per day, or in accordance with such
tj higher fees as may be Incorporated into regulations of City's Airport.
4. Commitment for Rent and Kon-AssiPnment: Lessee agrees
to pay the annual rental and fees specified and not to assign thfs Lease or
any part, nor let, nor sublet. either by grant or implication, the whole or
any part of the premises without written consent of the City. which consent
I shall be obtained pursuant to the following procedure:
(a) Submittal to, and approval of, proposed lease transfer by
the Kenai Planning Commission.
(b) After approval by the Kenai Planning Commission, final
approval of transfer by the City Council.
Any assignment in violation of this provision shall be void, and
shall be grounds for cancellation of this Lease by the City.
5. Treatment of Demise- The Lessee agrees to keep the
premises clean and In good order at its own expense, suffering no strip or
waste thereof, nor removing any material therefrom. without written
permission of the City. At the 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 Rent: Checks, bank drafts or postal money orders
shall be made payable to the City of Kenai, and delivered to the City
1 Administration Building, Kenai, Alaska.
7. Construction Approval and Standards: Building construction
shall be neat and presentable and compatible with its use 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.
Page Two, LEASE
1
-Tn tfaws:
Lessee:.
Lessor:
Revision 4/29/76
a
^ -moi'--- -- --�-- -
i__.i-_�--nn- I �u uu uimi� I i l u z tip. giu iuAad� J it I I A I
• I.ESSI?F �
- STATE OF ALASKA )
) ss.
HOOP JUUit:iAL insi* uiur )
On this day of lick , 191, before me
t per ;onaliy appeared I. ). 1 . t- It; f t 6i lti . known to be the person
who executed the above Lease and acknowledged that he (she) had the
authority to sign the same. for the purposes stated therein.
''
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
� I
ACKNOWLEDGMENT FOR HUSBAND A14►) WIFE
STATE OF ALASKA )
as.
THIRD JUDICIAL DISTRICT )
Before me. the undersigned, a Notary Public in and for the State
of Alaska. on this day personally appeared
and , husband and wife, both known to be the i
persons whose names are subscribed to the foregoing. Lease, end acknowledged
to me that they executed the same as their free and voluntary act and decd.
and for the purposes and considerations therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day
Of 119 i
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NOTARY PUBLIC FOR ALASKA
My Commission Expires:
9
Page Nine. LEASE
-41,00
Revision 4/29/76
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PERMIT FOR USE OF DOCK FACILITY
THIS AGRhENEW"I , entered into this stn day of July. 1976, by and
between the CITY OF KENAI . a home -rule municipal corporation of the State
of Alaska, hereinafter called City" and SALAAtATOF SEAFOODS. INC.. an
Alaska corporation, hereinafter called "Permittee".
That the City. in consideration of payment of the fees and per-
formance of all the conditions and requirements herein contained by the
Permittee. does hereby grant to the Permittee the right to use the following
described property and the appurtenant dock facility for use as a docks
All of Lot 2. U. S.Survey No. 4363 with the exception of the
track fill stand owned by the U. S. Government and any
easements for rights-of-way reserved by the U. S. Government.
together with ail Improvements located thereon.
in addition. Permittee is granted a right of ingress and egress
to and from the above-described property serves other lands owned by
City, more particularly Lot 10. Section 4. Township 3 North. Range li
West, Seward Meridian.
1. Term. This permit small commence on the 8th day of July.
1916, and shall extend to and through the 31st day of August. 1976.
2. Permit Fees. The Permittee. prior to the exercise of th
privileges granted pursuant to this permit. shall pay a total fee of f�
In full payment for the use of the privilege specified herein.
.J
3. Prior Rights. The privilege granted herein is subject to the
valid termination of interests of any prior lessee of the property. In the
event such terminations are not obtained and any prior lessees assert
rights in the property, Permittee and City understand and agree that
Permittee shall immediately vacate the property and the City shalt refund
a pro -rata portion of the fee provided for in paragraph 2 hereof.
4. Use. The use by the Permittee of the premises described
above is limited to the purposes specified herein
t1bW. This use is also subject to the reasonable administrative actions of
the City of Kenai for the protection and maintenance of the premises and of
edjsewt and contiguous lands or facilities.
��
3. tasnrance. Permittee agrees to save the City harmless from
all actions, suits. liabilities or damages resulting from or arising out of
any acts of commission or omission by the Permittee. his agents, employees .
customers, invitees. or arising from or out of the Permittee's occupation, or
use of the premises demised, or privileges granted, and to pay all costs
connected therewith. in this connection, the Permittee agrees to Arrange
and pay for all the following.
(a) Public liability insurance protecting both the City and/or its
agents and the Permittee. such insurance to be evidenced by a ceM Bate of
insurance showing the insurance in force. The amount of such public liability
Insurance shall have limits not less than those known as $100,000300.000/
$60,000.
Y-� r..._+i�__ `'.-- - - - -- - •� - .. •« _ _ ...- _ _ ..__n...._„ _ - - . ...._ . I ,.�. L ii i n . iiiu� lin i
(b) Permittee agrees to carry employer's liability insurance and
Workmen's Compensation insurance. and to furnish a certificate thereof to the
City.
(e) Insurance contracts providing liability insurance and Work-
men's Compensation shall provide for not less than thirty (30) days written
notice to the City of cancellation or expiration or substantial change in I
policy conditions and coverage.
(d) Permittee agrees that waiver of subrogation against the City
shall be requested by Permittee insuror, and shall be provided at no cost to
the City.
S. Forebearance. Failure to insist upon a strict complaince with !
the terms, conditions. and requirements herein contained, or referred to.
shall not constitute or be construed as a waiver or relinquishment of the right
to exercise such terms, conditions or requirements.
7. Alterations. It is understood and agreed by the parties that
Permittee may make certain unspecified changes or alterations to the dock
facility. City shall be notified in writing of any proposed alterations to
the facility and the cost of such alterations. City shall give its approval or
disapproval in writing as to each such alteration and its opinion as to whether
such alteration constitutes a general improvement to the facility which would
Increase its rental value or whether such alteration is useful primarily for
the particular enterprise being conducted by Permittee. Permittee shall
sot alter the facility until City's approval is given.
S. Renewal. In the event Permitee requests a long-term lease of
the facility and such lease is granted. the cost of general improvements to
the facility shall not be reimbursed to Permittee. In the event Permittee
requests a long-term lease and such lease Is not granted within one year,
City shall reimburse Permittee 75% of the cost of alterations which have been
determined by City under paragraph 7 to constitute general improvements
to the facility which increase its rental value.
9. It is understood and agreed by the parties that the facility is
granted as is and that City makes no representations that the facility is suit-
able or useful for the purposes comtempleed herein.
CITY OF KENAi. ALASKA
,
+ By.
Phillip Aber. Acting City Manager
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of
1975.
NOTARY PUBLIC FOR ALASKA
My Commission Expires:
SALAMATOF SEAFOODS, INC.
i
i
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of ,
1975.
&%waAna rAILADAA i
My Commission Expires: 13
July 2, 1976
TO: Honorable Mayor and City Council
FRO14 : Jan t4i l l i ams , City Attorney
Subject: Sale of City -owned Quanset Hut located at
Sanitary Land Fill
The City has an opportunity to sell the above Quanset
Hut for $50.00 to a private individual. The individual
wishes to utilize the frame of the but and agrees to move
and dispose of unused materials from the hut.
According to Section 7-38 of the Kenai City Code, "No
surplus or obsolete supplies, materials or equipment
may be sold (except by trading in on other goods or
services) until the council shall have declared them
obsolete or surplus."
According to Ordinance No. 257-75, An Ordinance of the
Council of the City of Kenai Amending Section 7-39 of the
Kenai City Code to Provide for the Sale of Surplus
Property:
"Section 7-39. The City Administrator may sell the
following, only with notice to and approval of City
Council, without giving an opportunity for competitive
bidding:
(a) Surplus or obsolete supplies, materials, equipment
or other property, excluding real property, the value of
which does not exceed ONE THOUSAND and No/100ths DOLLARS,
in a single transaction, or . . . . ."
Therefore, if the Council wishes to sell the building
without the cost of advertising for competitive bidding,
they must first declare the building obsolete and surplus
and then give approval to the Administration to sell the
property without competitive bidding.
As this building was recently inspected by Howard Hackney,
City Inspector, and found to be unusable, the Administration
recommends selling the building in the above mentioned
manner.
JW/eh
r:S
July 2, 1916
TO: Honorable Mayor and City Council
FROM: Elena Horton, Planning Commission Secretary
At their regular meeting on June 23, 1976, the Kenai
Advisory Planning Commission reviewed the attached
lists of Borough Foreclosure parcels and made the
following recommendations to be forwarded to the City
Council.
Cliff Heus moved, seconded by Mike Hamrick, that the
Commission recommend to the City Council that the
following Borough Foreclosure Parcels be retained by
the City for use:
Lot 6, Block 9, Original Townsite of Kenai, Kenai
Recording District, Tax Parcel 0047-081-0600.
Lot 8, Block 9, Original Townsite of Kenai, Kenai
Recording District, Tax Parcel 0047-081-0800.
Lot 10, Block 9, Original Townsite of Kenai, Kenai
Recording District, Tax Parcel 0047-081-1000.
Lot 11, Block 9, Original Townsite of Kenai, Kenai
Recording District, Tax Parcel #047-081-1100.
Lots 2, 3, 4 & 5, Block 10, Original Townsite of Kenai,
Kenai Recording District, Tax Parcel #047-082-0200.
Lots 1 & 2, Block 11, Original Townsite of Kenai,
Kenai Recording District, Tax Parcel 0047-083-0100.
Lot 6, Block 12, Original Townsite of Kenai, Kenai
Recording District, Tax Parcel #047-084-0600.
Lots 1 & 2, Block 13 Exc St., Original Townsite of Kenai,
Kenai Recording District, Tax Parcel #047-085-0300.
Lot 3, Block 13, Original Townsite of Kenai, Kenai Recording
District, Tax Parcel 0047-085-0400. g
Lot 9, Block 13, C.F. Ahlstrom Subd., Kenai Recording
District, Tax Parcel #039-081••1500
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I I � I 1111 11 I IYlli I Ills Wali i l u u i •. r --. ,tea - . - ,�.�- _ _ -__-__ _- _ -- _
Lot 10, Block 13, C.F. Ahlstrom Subd., Kenai Recording District,
Tax Parcel x'039-081-1300.
Lot 11, Block 13, C.F. Ahlstrom Subd., Kenai Recording District,
Tax Parcel #039-081-1100.
Lot 26, Block 13, C.F. Ahlstrom Subd., Kenai Recording District,
Tax Parcel #039-081-1200.
Lot 27, Block 13, C.F. Ahlstrom Subd., Kenai Recording District,
Tax Parcel 0039-081-1400.
Lot 28, Block 13, C.F. Ahlstrom Subd., Kenai Recording District,
Tax Parcel #039-081-1600.
Or
Lot 3, Block H, Beaver Creek Alaska Subdivision, Kenai Recording
District, Tax Parcel #041-080-0300.
and that the remainder of the Borough Foreclosure Parcels on the
two (2) attached lists not redeemed be sold at public auction.
The motion passed.unanimously.
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x0"111 111immi■I■ 11111 II n ,III III■rr■1 U►7 :--�'... .. ..—.._.-.. --.. __..
BOROUGH FORECLOSURE PARCELS
1.) ORTGINAI. T011NSJTE OF KENAT
a.) E 50 fit. of Lot 1, Blk. 2
},,7•) Lot 6, Blk. 12 Org. Twn.
Org. Twn. Kenai- Kenai Re-
t Kenai- Kenai Recording District
.. ... _ ..
• LV1 U111Z,' 1115 1 1 16 1.
(Tay parcel B n47-nR4 -p6nnt
('s.• `ass � �
( Tax parcel 9047-062-0200)
4`
_
k.) Lots 1 $ 2 Blk. 13 Exc St.
b.) Lot 4, Blk. 4, Org.Twn.{�Org.
Twn. Kenai- Kenai Recording
Kenai- Kenai Recording District t. �-1 District
(Tax Parcel 9047-064-0200)i�A„.
(Tax Parcel 9047-085-0300)
- c.) Lot 3, Blk. S- Org. Twn.
Ciii 1.) Lot 3, Blk. 13- Org. Wn.
Kenai- Kenai Recording district
e,,1Kenai Recording
,
esu , J
(Tax Parcel 9047-071-0500)
(TaxParcel90470850Qp)
Twn. Kenai-
..t
d.) Lot 6, Blk. 9, Org. Twn.
Kenai- Kenai Recording District
e_ (Tax Parcel 9047-081-0600)
e,) Lot 8, Blk. 9- Org. Tim.
v/Kenai- Kenai Recording District
(Tax Parcel 9047-081-0800)
•<<ess
f.) Lot 10, Blk. 9, Org. Twn.
Kenai- Kenai Recording District
C.' -E Hi (Tax Parcel 9047-081-1000)
g.) Lot 11, Blk. 9, Org. Ti
Kenai.- Kenai
Recording District
�,.
(Tax Parcel
6047-081-1100)
h.). Lots 2,
3, 4 $ S, Blk. 10
_
Org. Twn. Kenai-
Kenai Re-
cording District
( Tax Parcel
9 047, 082 : 0200)'-
/.) Lots 1 $
2, Blk. 11 Org.
Twn. Kenai-
Kenai Recording
District
- (Tax Parcel 6 047-083-0100)
2.)
KENAI TO11NSITE - EAST ADDITION
a.) Lot 11, Blk. 2
Bdst Add. to Kenai Tian., S.M.,
Kenai Recording District
(Tax Parcel 9047-112-0600)
m.) Lot, 2, Bik. 1S- Org. Wn.
Kenai- Kenai Recording District
(Tax Parcel 9047-091-0200)
n.) Lot 3, Blk. 1S- Org. Twn.
Kenai- Kenai Recording District
(Tax Parcel 9047-091-0300)
o.) Lot 13, Blk. 16- Org. Twn.
Kenai- Kenai Recording District
(Tax Parcel 9047-092-0200)
p.) Lot 2, Blk. 18 - Org. Twn.
Kenai- Kenai Recording District
(Tax Parcel 9047-102-0200)
q.) Sec. S, TSN, R1119, S.M. ,
Nly 100 ft. of Sly 300ft. of
Ely 123.5 ft lying Wly of
Blk. 1 of Org. Twn. of Kenai
Kenai Recording District
(Tax Parcel 6047-061-0300)
r.) Sec S, TSN, R11W, S.M.,
Par Per D -SS -73 in SW h N14 4
Kenai Recording District
(Tax Parcel 6047-061-2700)
3. BUSH LANES SUBDIVISION
a.) Bush Lanes Sub.,
Lot 17, Blk. 2
Kenai. Recording District
(Tax Parcel 9039-022-1S00)
--s
BOROUGH FO1trCI.0S11R1s 1'A]iC1;1.S- continued.
r 4.) BLACK GOLD ESTATES
S.•
a.) Lot 21, Blk. 2
Black Gold Estates
Ke.^.si Recording Di -c rict
4m
(Tax Parcel 9039-032-2100)
b.) Lott 22, Blk. 2
Black Gold Estates
Kenai Recording District
(Tax Parcel 9039-032-2200)
c.) Lot 24, Blk. 4,
Black Gold Estates
Kenai Recording District
(Tax Parcel 9039-034-2400)
C. F. AHLSTROM SUBDIVISION
a.) Lot 1, Blk. 11
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-054-0100)
b.) Lot 2, Blk. 11,
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-054-0200)
c.) Lot 15, Blk: 11
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-054-1500)
d.) Lot 16, Blk. 11
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-054-1600)
e. Lot 9, Blk. 13
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-081-1500)
f. Lott 10, Blk. 13
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-081-1300)
r ... r n -t
d.) Lot 25, Blk. 4, Black
Gold ?states- Kenai Recording
Di si ri ct
(Tax Parcel 9039-034-2500)
e.) Lot 26, Blk. 4, Black
Gold Estates- Kenai
Recording District
(Tax Parcel 9039-034-2600)
g.) Lot 11, Blk. 13
•C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-081-1100)
h.)Lot 26, Blk. 13
C. F. Ahlstrom Subdivision
Kenai Recording District .
(Tax Parcel 9039-081-1200)
i.) Lot 27, Blk.. 13
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 8039-081-1400)
J.) Lot 28, Blk. 13
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel 9039-081-1600)
k.) Lot 7, Blk. 15
C. F. Ahlstrom Subdivision
Kenai Recording District
(Tax Parcel .8039-092-0700)
1.) Lot 6, Blk. 15
C. F. Ahlstrom Subdivision
Kenai. Recording District
( Tax Parcel 9039-092-0600)
#..
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.» I�I,I.tsl ill I I ill lllllll✓ I II I II 111111 Il ui�l ii iu - � � - "�feaciAr��,i ll�ll lel I I --��� .�
BOROUGH FORECJ.OSURE PARCELS - continued
6.) MOINNSLN ADDITION 91 7.)
a.) Lots 6 6 7, Blk. 6/�
Mommsen Add. 9 1,
Kenai Recording District
(Tax Parcel 9039-123-0500)
8.) PARKS SUBDIVISION
a.) Lot 2, Parks Subdivision
Kenai Recording District
(Tax Parcel 9045-220-2200)
9.) VALHALLA HEIGHTS SUB.
a. Valhalla Heights Sub.
Part 3 Lot 3 Blk. 8
Kenai Recording District
(Tax Parcel 9049-210-2700)
b. Lot 4, Bik. 11
Valhalla heights Sub., Part 4
Kenai Rccording District
( Tax Parcel •9049-340-0400)
10.) GOVERNMENT LOTS
a.) Lot 43, Sec. 31, T6N,
R11W, S.M., - Kenai
f Recording District
(Tax Parcel 9048-090-0800)
b.) Lot 126, Sec. 31, T6N,
R11W, S.M., Kenai
Recording District
(Taz Parcel 9043-170-0600).
11.) MISCELLANEOUS
i3I:AVL•R .CREEK ALASKA SUBDIVISION
ac) Lot 3, Blk. If
Beaver Creel: Alaska Sub.
renai itecording District
(Tax Parcel 0041-080-0300)
b.) Lot 3, Parks Subdivision
Kenai Recording District
(Tax Parcel 9045-220-2400)
c.) Lot 5, Blk. 11
Valhalla Heights Sub., Part 4
Kenai Recording District
(Tax Parcel 9049-340-0500)
e.) Lot 50, Sec. 34, WN, R11W,
S. M., - Kenai Recording District
(Tax Parcel 9045-190-0200)
d.) Lot 159, Sec•. 34, T6N, R1111, .
S. M.,- Kenai Recording District
(Tax Parcel 9045-150-2500)
a.) Sec. 1 TSN, R11W, S.M. b. Sec. 1, TSN, R1111, S.M.,
GEG at most Wly Cor. of Cobb Sub. N 116.7 ft. of S 1064.5 ft of
th S 00 3' W 208.7 ft. to POB, E 208.7 ft of W 238.7 ft of NW
th S 00 3' W 116.7 ft. th S S1144 I
890 5.7' 1 208.7 ft. th N 00 3' Kenai Recording District
E 116.7 ft. th N 890 571 W to (Tax Parcel 9049-260-1900)
POD
Kenai Recording District C. Sec. 1, TSN, R11W, S.M.,
(Tax Parcel 9049-260-1900) S 621.4 ft. of N 829.4 ft of W 39 ftp
of SW h. NW h
Kenai Recording District
(•Tax parcel A049-260-1000)
md51 ..i i,�il Iii 'd'�IYiwn11 I II � I I I I I �� i
MEMORANDAM
TO: Honorable Mayor and City Council
FROM: City. Attorney
SUBJECT: Council Action Required on Borough Foreclosure Parcels
DATE: August 6, 1975
As background information for your consideration of
public use of Borough foreclosure parcels, the following is
an outline of the statatory procedure which must be followed
-- with regard to land located in the City which is foreclosed
on by the Borough for nonpayment of Borough and City property
tax.
1. Borough goes through statatory foreclosure procedure
and the land is transferred to the Borough.
(A.S. 29.53.230-300)
�.
I 2. Properties are held by the Borough for a one year
• redemption period ( A.S. 29.S3.310-350)
- 3. After the expiration of the one year period properties
within the City are deeded to the City by the Court.
(A.S. 29.S3.360)
a. The City determines whether any of the parcels are
needed by the City for immediate public use. Any
parcels chosen should be set aside by resolution of
N of the City Council. The City must then pay to the
Borough the cost of foreclosure and the unpaid Borough
taxes and accured interest attributable to any such
�
parcels ( A.S. 29.53.360; 38S) y -
' 1
S. The list of parcels not chosen by the City are
submitted to the Borough to determine if the Borough
has any immediate public use for them. If any of the
parcels are set aside b the Borough, the Borough
-, y
shall pay to the City the amount of unpaid City taxes
and.accured interest and the City shall deed the pro-
perty to the Borough. (A.S. 29.53.360; 385)
=' 6. The properties within the Cit/ which are not needed
by either municipalety should be sold by the City.
r� At any time before sale or contract of sale of the
property, however, the record owner may repurchase
' his property from the City for an amount equal -to the
costs of foreclosure, taxes, penalty and interest plus
i
ME-10RANDAM- continued
8o interest from the day Of judgment and any
taxes which would have been levied if the pro-
perty had been in private hands. In the event of
sale by the City, the Borough is to be repaid
by the City for its cost of Lullec:i;un and the
balance of the proceeds are to be divided in
proportion to the respective municipal taxes
against the property at the time of forclosure.
(A.S. 29.53.370. - 380)
The list of properties attached hereto have been
forclosed on by the Borough and deeded to the City. The
" location of the properties is shown on a map which will
- - be available in the Public Works office. The Administration
will have its recommendations as to 'which parcels should
be held for, public use ready for the August 20 Council
— - Meeting.
ti
Y 1 1
.. —if i =r I—-I.I"-�— •�-.I------ . �� - - --. i i inmiui..i.-L-I , i ...-._...ii-�-^-II I I I. .R. .Y �.I. _ .�.y,._-..�._- -.- _ �. - --
BOOK �_PAQS jJJ
Kenai k . •.iin-! 1
' Duma
L
IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
THIRD JUDICIAL DISTRICT, KENAI
TN P—vr Map Vvhn 1973 )
DELINQUENT REAL PROPERTY )
TAXES IN THE KENAI PENINSULA )
BOROUGH )
Civil Case No 74-15043
6-E E D
In the matter of the foreclosure of delinquent tax liens by
the Kenai Peninsula Borough, Alaska, for the year 1973, proof of
the publication of Notice of the Expiration of the Period of
Redemption in the manner and form prescribed by AS 29.53.350
having been filed, I, Ione Wisdom, Deputy Clerk of the
Superior Court for the State of Alaska, Third Judicial District,
pursuant to the provisions of AS 29.53.360, do hereby convey to
the City of Kenai, all right, title and interest in the
properties within the boundaries of the City of genai and not
redeemed as provided by law which properties are described
as follows:
(1) Sec. 4, TSN, R11W, S.M.
190 ft. E of NW corner Sec. 4.;
Th 'E 208 ft.; Th S 248 ft.; Th W 208 ft.;
Th N 248 ft.; to POB.
Cntg. 1.00 Acs. M/L
Kenai Recording District
(Tax Parcel #049-020-0800)
(2) Highlands Sub.
Lot 1, Blk. 4
Kenai Recording District
(Tax Parcel #049-180-2000)
(3) Sec. 6, TSN, R10W, S.M.
Gov't. Lot 4, Begin at NW Sec corner
' of Sec. 6; Th E along Sec. li. 547.10 ft.;
Th S 24.23' 30- E 509.38 ft.; Th N'65.36'30"
noaoacabsroua I E 100.00 ft. to POB, Th N 65'36130- E 300 ft.;
.wwu.wuwr.o. i Th S 24.23' 30- E 100 ft.; Th S 65.36'
Ns,N 30" W 300 ft.; Th N 24.23'30- W 100 ft.
to POB. Cnt 0.69 Acs. M/L
saL"4� Kenai Recording District
(Tax Parcel #049-093-0100)
513
�I f I A 7 -
BOOK -PAGE
Kenai Rewrdiag llatnet
�:. (4) Org. Townsite Kenai
Lot 1, Rik. 10
Kenai Recording District
(Tax Parcel #047-082-0100)
(5) Lot 30 N of Kenai Rd.
,A
1
Sec. 33, T6?1, R1114, S.M.
—.
Kenai Recording District
(Tax Parcel #045-060-0300)
(6)
C. F. Ahlstrom Sub.
-
Lot 6, Rik. 10
Kenai Recording District
(Tax Parcel #039-061-0600)
(7)
C. F. Ahlstrom Sub.
Lot 7, Rik. 10
Kenai Recording District
(Tax Parcel #039-061-0700)
(8)
C. F. Ahlstrom Sub.
Lot 8, Rik. 10
Kenai Recording District
---"—
(Tax Parcel #039-061-0800)
(9)
C. F. Ahlstrom Sub.
Lot 9, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-0900)
(10)
C. F. Ahlstrom Sub.
Lot 10, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-1000)
(11)
C. F. Ahlstrom Sub.
Lot ill Rik. 10
Kenai Recording District
(Tax Parcel $039-061-1100)
(12)
C. F. Ablstrom Sub.
Lot 12, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-1200)
(13)
C. F. Ahlstrom Sub.
Lot 13, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-1300)
;°
" '►
(14)
C. F. Ahlstrom Sub.
Lot 14, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-1400)
�Cxs� k
jaw`_
At6uv#
(15)
C. F. Ablstrom Sub.
.,
Lot 15, Blk. 10
�oYtouam
Kenai Recording District
sua
-, "B"m••••or
(Tax Parcel #039-061-1500)
as n►
_ ta•oonu.u.ssa
F
(2)
,A
1
,A
AR.
j Kong
w" J
(16)
C. F. Ahlstrom Sub.
Lot 16, Blk. 10
Kenai Recording District
_
(Tax Parcel #039-061-1600)
- -
(17)
C. F. Ahlstrom Sub.
Lot 17, Blk. 10
-
Kenai Recording District
(Tax Parcel #039-061-1700)
t
(18)
C. F. Ahlstrom Sub.
Lot 18, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-1800)
- I
(19)
C. F. Ahlstrom Sub.
Lot 19,- Blk. 10
Kenai Recording District
'
(Tax Parcel 1039-061-1900)
(20)
C. F. Ahlstrom Sub.
Lot 35, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-35II0)
- -
}
(21)
C. F. Ahlstrom Sub.
_
Lot 36, Blk. 10
Kenai Recording District,
(Tax Parcel #039-061-3600)
- ..
(22)
C. F. Ahlstrom Sub.
Lot 37, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-3700)
(23)
C. F. Ahlstrom Sub.
v
1
Lot 38, Blk. 10
=
Kenai Recording District
°----::
(Tau Parcel #039-061-3800)
(24)
C. F. Ahlstrom Sub.
Lot 39, Blk. 10
Kenai Recording District
(Tax Parcel #039-061-3900)
(25)
C. F. Ahlstrom Sub.
Lot 40, Blk. 10
•
" ; 5', p
Kenai Recording District
.
_
(Tax Parcel #039-061-4000)
- u.
Csttaab♦
- .,�
•IMIY�i�
pYslow"
-
;
(3)
AR.
c f -
A•• J PAQkSO i
Kew Recording Dutdq
r
This instrument is executed without covenants of any
character, express or implied, and the execution thereof shall
- not in any circumstances impose any liability on the
-
undersigned.
IN WITNESS WHEREOF, I have hereunto set my hand and seal
of the Superior Court of the State of Alaska, Third Judicial
District, this ��% -day of �� 1975.
�wL Or AASCOG? Ione Vi do" Deputy Clerk
Superior Court
s�4y `
•
° M
r4j;jtA1 RMC.
..
DISTRICT
�'
;4.
TM.t. ►� omit 3101315
aeaur�sT�osY1�
smog Am"" IWYIKS�
+i
lfY1IaI1nfY14NY01� !
US-4"9' '
(4)
1
�---� _ --•— � —sem .- - � �_ -� � _--� -� -�� -..• _
7,7 • I
payment shall become due the first day of the month following the month
for whieb the services were performed. payment for say period of time less
than a month shall be an a per day basis calculated according to thw numbor
of days is that month.
S. Janitorial supplies will be furnished by the City and by the
Ceatrector as act out in the attached specifications.
It Is expressly understood and agreed to by the parties that the
ContraoW in ezeauthq this Agreement is acting in the capacity of an
iadapendmtt contraMr. and not as an employee of the City of Rend.
In executing this Agreement. Contractor represents to MW that he
has obtained the insurance specified is paragraph li(e) of the attached spe-
oMagooa and has provided the City Clerk with Copies of sueh insurance
policies•
IN WMESS WRMMF, the parties have hereunto net their hands
on the date sat forth above.
CITY OF KMw
by
Roland n. Lynn
City winaw
0 _ _ i& - _ / i.//
BQtIM CAMPBPLL. "
dbaf Alaska Guard Security
(Cleaning). Contractor
13
r
K.
SCHOOL CONSTRUCTION REPORT
(a) Change orders
(b) Bids; Carpeting
Seward Athletic Field
Hikolaevsk building Having
Building Floors
Storage
(c) Bond Issue Schedule
L.
OTHER BUSINESS
Appeal Decision of Planning Commission;
Mr. Dean Atkinson re: Atkinson Subd.
(b) Res. 76-30 "A Resolution Calling for the Paving
of Nasn Road in the Seward Area"
(c) Res. 76-31 "A Resolution Placing on the Ballot a
None Cnange Proposition for the North Kenai Fire
Service Area"
(4) Res. 76-32 "A Resolution Approving Petition for
rstaviLisument of Service Areas
(e) Appointments;
(a) Sharon Overman, Soldovia, Planning Commission
(b)
(f) T.A.R.s
(g) Waiver of Time for Filing Senior Citizen Exemption Harold
M.
Berry
MAYOR AND ASSEMBLY: COMMENTS AND DISCUSSION
N.
PUBLIC PRESENTATIONS
0.
INFORMATIONAL MATERIALS AND REPORTS:
(1) minutes
Planning Commission - Meeting of S/10/76
School Board - Meeting of 6/7/76
School Board - Briefs of 6/21/76
OBDP - Meeting of 6/14/76
SPHSA - Meeting of S/19/76
(2) Correspondence
Information from ABC Board
(3) Report on Community College - Donnis Thompson
P.
NEXT MEETING: July 20, 1976
. r. It is imperative that this matter be settled as soon as possible.
}~`_ I was hoping it could have been presented to Council last week.
The flooring contractor will have to order the carpet soon. If
it is delayed too long, we may have to accept anything that is
available and lose'the static control feature which happened with
the carpet in the Public Safety Building. Another possibility
would be having to extend the completion date because the City
held up the carpet selection.
s.., There does not seem to be much of an alternative. We could
_l dismiss the architect and go it alone with the contractor, but I
would very strongly advise against this. We still need the
architect to determine if the•proposed substitutions meet the
1.. specifications for items of equal quality. It -is also necessary
to have the architect for interpretation of the plans and
�. specifications. Otherwise, the contractor could say he reads
the plans as stating that he does not have to put in a certain
item.
- I do not mean to tell you what to do, but just to inform you of
the situation. If we miss taking action at the Council meeting
of March 17, it will be three weeks before another.
HH/eV
01
cc:
Phil Aber
' Sr.LI�1'1„..rl�:.i�Y::".FL'syV::F'iA�Y=a:ii:'.w
_ -..a.�.��ia _- -.'"•nom^ '�^�n �i�' ...r
t '
R
. r. It is imperative that this matter be settled as soon as possible.
}~`_ I was hoping it could have been presented to Council last week.
The flooring contractor will have to order the carpet soon. If
it is delayed too long, we may have to accept anything that is
available and lose'the static control feature which happened with
the carpet in the Public Safety Building. Another possibility
would be having to extend the completion date because the City
held up the carpet selection.
s.., There does not seem to be much of an alternative. We could
_l dismiss the architect and go it alone with the contractor, but I
would very strongly advise against this. We still need the
architect to determine if the•proposed substitutions meet the
1.. specifications for items of equal quality. It -is also necessary
to have the architect for interpretation of the plans and
�. specifications. Otherwise, the contractor could say he reads
the plans as stating that he does not have to put in a certain
item.
- I do not mean to tell you what to do, but just to inform you of
the situation. If we miss taking action at the Council meeting
of March 17, it will be three weeks before another.
HH/eV
01
cc:
Phil Aber
KVNA1 PENINSULA 1101101,G-11
MINUTES OI: TIM. REGULAR ASS11.111A MEETING
JUNI: 1, 1970. 7:30 P.M.
BOROUGII AhtilNltiI'll ATION 111111 -DING
SOLISO"TNA, ALASKA
TO ORDER.A.0 CALL
The meeting, was called to order by Pres. Johnson at approxi-
mately 7:30 p.m.
PRESENT: Assenblymembers Cooper, Corr, Douglas, Elson, Fields,
Fischer, Hamrick, Hudson. Johnson, Lutz, 'Sullen,
O'Connell* and Mika*; `layor G1,lman, rinance Director
Barton, Planning; Director Best, Assessor Thomas,
Atty, Carson, Capital Improvements Director Koss
ABSENT 6 EXCUSED: Assemblymembers Oldow, Ilarui lion
ABSENT: Asscmhiymember Davis
* Arrived late.
B. PLEDGE 01: ALLEGIANCE ANVOR OPENING CEREMONY
C. SEATING OF NEW MEIdBERS (none)
. D. AGENDA APPROVAL
The following item was added to the agenda without objection:
L.(e) Res. 76-26, "A Resolution Urging the Establishment of a
/ Permanent District Judgeship on the Kenai Peninsula at homer"
E. MINUTES, May 18, 1976 and BOE Minutes, Ilay 11, 1976
The clerk requested Page 1 of the Agenda for the Minutes of
May 18, 1976 and also Page 5 reflect Item J.(a) "Financial
Report, April 30, 1976". There was no objection and so ordered.
Minutes were approved as corrected.
7. ORDINANCE HEARINGS:
(a) Ord. 76-31 "An Ordinance Abolishing the Soldovia
stater Service Area and Transferring Its Assets and
Liabilities to the City of Seldovia"
The orlinance was read by title only as sufficient copies were
availa3le for the public. Public hearing was declared open.
There was no discussion and public hearing was closed.
ASWILLYMEMBER HAMRICK SECONDED BY COOPER MOVED FOR ENACTMENT
OF OR'J. 76-31 AND AML:NDING THE EFFECTIVE DATE TO JULY 1, 1976.
ORDINANCE WAS ENACTED AS AMENDED BY A UNANIMOUS VOTE (100.5).
(b) Ord. 76-32 "An Ordinance Establishing the Salary
Scneaule for Borough Employees for the Fiscal Your
1976-1977"
The Ordinance was read by title only as sufficient copies were
evailalble for the public. Public hearing was declared open.
J There was no discussion and public hearing was closed.' .
ASSR11BLY11EM111iR' LUTZ SECONDi:D BY FIELDS MOVUD FOR ENACIVENT
OF ORD. 76-32. ORDINANCI WAS ENAC` -1) BY A UNANIMOUS VOTE OF
TIIH ASSEMBLY (100.5) .
i� oil h iii
KENA 1 PENINSULA BOROUGH ASSEMBLY RI:G111.AR MITT i NG Al l NUTI:S
JUNK 1, 1976 I'AGH 3
ASSEMBLYMEMB1iR A11111EN SECONDED BY DOUGLAS MOVED TO EXACT ORD.
76-35., CORRECTING EFFECTIVE. DATE OF UNA(:'17II:NT TO JULY 1, 1976.
ASSBIPLY}i17PEP CLQRR SI:C0N!1rn AT B11I_ifc '.1 l-t.p TO AMEND ifl;D, 71i
"SECTION 1. THE SUM 01' $708,200 IS III:RI:ITY APPROT'RIA-1'I:1) To Tia:
CAPITAL PROJECTS FUND FOR THE FISCAL YEAR -JULY 1, 19-0 '1'llR011�:il
JUNE 30, 1977, LINE 1TEH 97231 TO Bii ADDH) TO PAGE 49 01= Till:
BUD61iT ENTITLED 'ERGL1S11 BAY, 520,000"'
In support of his amendment Ilr. Corr reported this $20,000 will
take care of the door at the school in adJition to the neces-
sary sheetrocking of the basement and other recluirements of the
Fire Harshal. The Mayor further explained this item has been
on the capital projects request for about i years; however, it
was not included in this budget as administration did not have
adequate information on which to base cost estimates. There was
a possibility that a sprinkler system would have to be install-
ed which would have made costs prohibitive. The Fire Marshal
has approved a plan covering minor modifications which will
cost approximately $20,000. Ile had no objection to adding this
item.
Mayor Gilman stated at the last meeting an ordinance was adoptrd
appropriating $303,500 for renovation of the homer :fiddle School
for a savings of approximately $30,000 which has not been
returned to anticipated surplus. This $10,000 addition will
not affect the surpluses.
QUESTION WAS CALLED ON THE AMENDMENT IIIIICH PASSED BY A
UNANIMOUS VOTE.
VOTE WAS CALLED ON THE MAIN NOTION TO ENACT ORD. 71 AS
AMENDED AND THE ORDINANCE PASSED BY A UNANIMOUS VOTE.
(f) Ord. 76-36 "An Ordinance Appropriating Funds for
ri.scal Year 1976-1977 for All Service Area Funds
Within the Kenai Peninsula Borough"
The ordinance was read by title only as sufficient copies were
available for the public. Public hearing was declared open.
Ms. Dee Muoio referred to Pago 61 of the North Peninsula
Recreation Service Area Budget, Item No. 41003. She questioned
the $9,000 item for instructional supplies.
As there was no one else who wished to be heard, public hearing
was closed.
ASSEMBLYMEMBER O'CONNELL SECONDED BY COOPER MOVED FOR ENACTMENT
OF ORD. 76-36.
Mrs. Douglas asked for an explanation of instructional supplies,
Item No. 41003. Lir. Dillon explained this item covers such
miscellaneous Items as kick boards, volley hall and badminton
games, diving rings, snorkles and totals approximately $6,000.
There is $4,000 included for the awards system for the instruc-
tional program.
Mr. Lutz stated Tyonek is part of :ie service area and certain
revenues are derived from that area. Ile asked what services
are being provided for the residents of Tyonck. Lir. Dillon
reported the board is concentrating now on getting the swim-
' piingppool into smooth operation. Future planning does include
Tyonek.
3 -
N OTICE
PLEASE DISREGARD PREVIOUS IMAGE.
DOCUMENT HAS BEEN REFILMED ON
FOLLOWING FRAME.
KINAI PENINSULA BOR01101
MINUTES 01: 1111: Rl:(;lll.AR ASSEMBLY WIFETING
.ZUNI. i, 1976 , 7:30 P. M.
BOROUGH AMIINItiTHATION'' 81111.11ING
SULDUTINA, ALASKA
A. CALL TO ORDER. AND (. CALL
The meeting was called to order by fres. .Johnson at approxi-
mately 7:30 p.m.
PRESENT: Assemblymembers Cooper, Corr, Douglas, Lison, Fields,
Fischer, Hamrick, Hudson, Johnson, Lutz, Mullen,
O'Connell" and Mika"; `•tayor Gilman. Finance Director
Barton, Planning Director best, Assessor Thomas, '
Atty, Carson, Capital iiaproven:euts Director Ross
ABSENT L EXCUSED: Assemblymemburs Oldow, Hamilton
ABSENT: Assemblymember Davis
• Arrived late.
B. PLEDGE 01: ALLEGIANCE AND/OR OPENING CEREMONY
C. SEATING OF NEW MEMBERS (none)
D. AGENDA APPROVAL
The following item was added to the agenda without objection:
L.(e) Res. 76-26, "A Resolution Urging the Establishment of a
Permanent District Judgeship on the Kenai Yeninbula at isomer"
S. MINUTES, May 18, 1976 and BOE Minutes, May 11, 1976
The clerk requested Page 1 of the Agenda for the Minutes of
May 18, 1976 and also Page S reflect Item J.(a) "Financial
Report, April 30, 1976". There was no objection and so ordered.
.Minutes were approved as corrected.
F. ORDINANCE !HEARINGS:
(a) Ord. 76-31 "An Ordinance Abolishing the Seldovia
dater Service Area and Transferring Its Assets and
Liabilities to the City of Seldovia"
The ordinance was read by title only as sufficient copies were
available for the public. Public hearing was declared open.
There was no discussion and public hearing was closed.
ASSEMBLYMEMBER HAMRICK SECONDED BY COOPER MOVED FOR ENACTMENT
OF ORD. 76-31 AND AMENDING THE EFFECTIVE DATE TO XILY 1, 1976.
ORDINANCE WAS ENACTED AS AMENDLI) BY A UNANIMOUS VOTE (100. S).
(b) Ord. 76-32 "An Ordinance Establishing the Salary
Schedule for Borough Employees for the Fiscal Year
1976-1977"
The Ordinance was read by title only as sufficient copies were
availalble for the public. Public hearing was declared open.
There was no discussion and public hearing was closed., ,
ASSRIBLYMEM111'If LUTZ SECONDER) BY FIl:LDS MOVE11 FOR ENAC1IIENT
OF ORD. 76-32. ORDINANCE WAS ENACTL-1I BY A UNANIMOUS VOTE OF
TIIE ASSEMBLY (100.S).
KENAI PENINSULA 110ROUGH ASSEMBLY REGULAR MEETING M I N117'1:S
JUNH 1, 1976 I'ACIi 2
(c) Ord. 76-33 "An ordinance i:stablishilig the flavor's
u ary ;itijustmeut ,According to the Consumer Price
Index"
The ordinance was read by title only as sufficient copies were
available for the public. Public Hearing was opened. There
was no discussion and public: hearing was closed.
ASS111BLYMEtIBER COOPER SECONDED BY FIELDS MOVED FOR 1:,XACTMENT
OF ORD. 76-33. VOTE WAS UNAXImOUS (100.S).
Assemblymembers O'Connell and IMika arrived.
(d) Ord. 76-34 "An Ordinance Appropriating Funds for
kiscal fear 1976-1977 for General Fund" (52.,016,557)
The ordinance was read by title only as sufficient copies were
available for the public. Public hearing was opened. There
was no discussion and public hearing was closed.
ASSEDIBLY1.7E?IBER LUTZ SECONDED BY FISCHER MOVED FOR ENACT!•EN'T OF
ORD. 76-34.
fir. Fields believed the Planning Dept. budget could be cut
$177,000 as well as the $80,000 for data processing which
should be set aside until further study of programs and equip-
ment has boon matte. lie noted the expenditures for dues and
subscription total some $16,870 and could be deleted.
ASSEMBLYIIEINIBER FIELDS THEX MOVED TO AMEND THE ORDINANCE BY
DELETI.lG $400,000 FROM THE DUDGET. MOTION DIED FOR LACK OF
SECOND.
To clarify certain points the Mayor stated as for as he knew
there is d 1" ti f b d
-2-
no up ica on o su scrxpt�ons an the largest per-
centage of dues is to the Alaska Municipal League, approximately
$11,000. Ile called attention to the 3rd Preliminary Budget
presented tonight and the letter from Atty. Carson which out-
lines the retainer proposal as discussed in the work session.
-
The Mayor stated he has not made up his mind as to whether this
`
is the route to go. It does have some merit, however, he would
not enter into this agreement without first coming back to the
assembly. He explained the budget as submitted does not in-
clude this proposal but does include two fulltime attorneys.
Dir. Fischer asked for justification of the additional person
k>
for the Finance Dept. Mr. Barton reported the borough l%as
-
only one qualified accountant and if this person leaves for any
poriod of time a lot of things must stop. The department now
_
is approximately 3 to 4 months behind in posting and record
keeping because of the employee shortage. There must be better
management in reporting to cities, service areas and depart-
_, ?
meets. The systems must be reviewed and made current before
=
entering data processing.
QUESTION WAS CALLED AND ORD- 76-34 WAS ENACTED BY A VOTE OF
-=.-,,-
98.83 "Yes", 19.67 "No", Fields $ Hudson voting negatively.
(e) Ord. 76-35 "An Ordinance Appropriating Funds for
'}
riscal Year 1976-1977 for Capital Projects" ($688,200)
The ordinance was read by title only as sufficient copies were
--°
available for the public. Public hearing was declared open.
_
There was no public discussion and public hearing was closed.
-2-
• i n i uioi i i i u i i u rt+t�r��� •
Mrs. Douglas asked for an explanation of instructional supplies,
Item No. 41003. Mr. Dillon explained this item covers such
miscellaneous Items as kick boards, volley hall and badminton
games, diving rings, snorkles and totals approximately $6,000.
There is $4,000 included for the awards system for the instruc-
tional program.
Mr. Lutz stated 'fyonek is part of --:,e service area and certain
revenues are derived from that arc•;;. tie asked what services
are being provided for the residents of Tyonck. Mr. Millon
reported the board is concentrating now on getting the swim-
riingpool into smooth operation. Future planning does include
Tyonck.
• 3 -
E
KENA1 PENINSULA BORONCIi ASS1:MBLY RIiGULAR MEETING M10TES,
JUNE 1. 1976 PAGE 3
-
ASSEMBLYMEMBF.R 1-11ILLEN SECONDED BY DOUGLAS !LOVED TO I:NA(:T ORD.
76-3S . , CORRECTING El:I'1t:T I V Ji OF i:
DATE ON 1(:'1'`:1:,11' TO JULY 1. 191-6.
ASc11MBLYJIIRiBER CORR SECONDED BY FIELDS TO 1Mliylt 0141). 76-3c:
"SECTION 1. THE SUM Or- $708,200 IS 111:RI:B`." AI'PR0;•IIIATI:If TO Till:
CAPITAL PROJECTS FUND FOR Tllli FISCAL YEAR .)I11.1' 1, 19^V '!'liRt)IICi1
JUNE 30, 1977, LINE ITMiI 97231 TO BE ADDLD TO PAGE 49 01' Till:
BUDGET ENTITLED 'ENGLISH BAY, $20,000"'
In support of his amendment Ile. Corr reported this $20,000 will
take care of the door at the school in ad.lition to the nec•cs-
R
Bary sheetrocking of the basement and other requirenents of the
Fire Marshal. The Mayor further explained this item has been
on the capital projects request for about 4 years; however, it
was not included in this budget as administration did not have
adequate information on which to base cost estimates. There was
.-.___.
a possibility that a sprinkler system would have to be Install-
ed which would have made costs prohibitive. The Fire Marshal
"
has approved a plan covering minor modifications which will
°
cost approximately $20,000. )ie had no objection to adding this
--
item.
Mayor Gilman stated at the last meeting an ordinance was adopted
appropriating $303,500 for renovation of the Homer ;fiddle School
for a savings of approximately $30,000 which has not been
returned to anticipated surplus. This $20,000 addition will
E..
not affect the surpluses.
QUESTION WAS CALLED ON THE AMENDMENT IVIICH PASSED BY A �
E.'
v
UNANIMOUS VOTE.
..
VOTE WAS CALLED ON THE HAIN 1.107I024 TO ENACT ORD. 76-35 AS
MIENDED AND THE ORDINAINCE PASSED BY A UNANIMOUS VOTE.
(f) Ord. 76-36 "An Ordinance Appropriating Funds for
rascal Year 1976-1977 for All Service Area Funds
I
Within the Kenai Peninsula Borough"
-'.
The ordinance was read by title only as sufficient copies were
available for the public. Public hearing was declared open.
Ms. Dee Muoio referred to Pago 61 of the North Peninsula
t „
Recreation Service Area Budget, Item No. 41003. She questioned
the $9,000 item for instructional supplies.
f,r
As there was no one else who wished to be.heard, public hearing
was closed.
ASSEMBLYMEMBER O'CONNELL SECONDED BY COOPER MOVED FOR ENACTMENT
OF ORD. 76-36.
Mrs. Douglas asked for an explanation of instructional supplies,
Item No. 41003. Mr. Dillon explained this item covers such
miscellaneous Items as kick boards, volley hall and badminton
games, diving rings, snorkles and totals approximately $6,000.
There is $4,000 included for the awards system for the instruc-
tional program.
Mr. Lutz stated 'fyonek is part of --:,e service area and certain
revenues are derived from that arc•;;. tie asked what services
are being provided for the residents of Tyonck. Mr. Millon
reported the board is concentrating now on getting the swim-
riingpool into smooth operation. Future planning does include
Tyonck.
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KENAI PENINSULA BOItOIIGII ASSEMBLY k1:GULAR 111.1iTING MINtiT S
JUNE 1, 1976 TACE. 4
flay.or Gilman called attention to Section 2 where the sum
should be revised to $436,088 and in Section 3 the sum should
be amended to $251,000. These changes have been approved by
the service area boards.
ASSEMBLYMEMBER O'CO\tEI.L REQUES)l'I'D ITIS NOTION Ttt"i' INCLUDE
THE RECU�h1ii`DLU XMENIX-II.NTS OF $436,083 IN SECTION 2 A:XI► $251,000
IN SECTION 3.
Mr. O'Connell read the Service Arca Budget figure• for the
benefit of the public and for the record as follo%-s-:
Sec. 1. Central Peninsula Hospital Service area 5320,050
Sec. 2. North Kenai Fire Service Area 436,088
Sec. 3. So. Peninsula ilospital Service Area 251,000
Sec. 4. No. Peninsula Recreation Servi:e Arca 699,381
Mrs. Douglas asked Atty. Carson if the recreation service arra
is to provide full recreational services or did the people vote
to provide a swimming pool only. Mr. Carson replied he had
researched the minutes, ordinances and the ballot proposition.
The ordinance establishing the service area indicateF full
recreation powers; however, all of the discussion at the public
meetings indicates that everyone was thinking of a swimming
pool only. The only discussion he found in the records concern-
ing additional powers was by Mr. Fields. On the basis of the
public meetings it appears that further recreational powers of
the service area should go back to a vote of the people. lie
stated a written memo on this subject will be sent to the
assembly, the service area board, Community and Re-ional Affairs
and the Atty. General.
QUESTION 'WAS CALLED AND ORD. 76-36 WAS ENACTED AS AMENDED BY
A VOTE OF 109.5 "Yes" to 9 "No". Assomblypian Fields casting
the negative vote.
G. INTRODUCTION OF ORDINANCES
(a) Ord. 76-37 "An Ordinance Placing Chapter 20.28.10,
ZO and 30 into Chapter 21 as 21.14.10, 20 and 30"
ASSBIBLYMEMBER MULLEN SECONDED BY LUTZ MOVED TO SET ORD. 76-37
FOR HEARING JULY 6, 1976. VOTE WAS UNANIt;t055.
(b) Ord. 76-38 "An Ordinance Allowing the City of Kenai
to Pronibit the Appropriation of Witter Beneath the
Surface of Approximately SO Square :files of land in
the Beaver Crock Ground Water System, A Large Portion
of Mich Lies Within the Kenai Peninsula Borough"
ASSEMBLYMEMBER ELSON SECONDED BY IWDSON MOVED TO SET ORDINANCE
FOR HEARING JULY 6, 1976.
Mrs. Douglas requested additional information be provit:od ?.n
the next packet about the ordir-once. She wanted to knv-.. how
much borough, city, federal ar.- private lands would be involved.
Mr. Best referred to the map urs display, but stated he (lid not
have the actual acreage breakdown at this time.
Mr. Hudson explained the City of Kenai at the present time is
dependent on one well only and -it is located in the Deaver Creek
arca. The city plans to drill another well in this acluifer as
the only good water is in the licavor Creek area. There is
.concern that some large commercial or industrial enterprise
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in i , ■ mJ n.„o r�eY�i�irr �1 I i 1 III I I I I i
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KENA I PI:h I NStILA ItOROUGH ASSL'41:1,Y REGULAR IMEX TI NG Fl 11it'VI ES '
y”
JUNE 1, 1976 PAGE S
might come into this area and drill large commercial wells
which Mould draw down the aquifer and dry up the city of Kenai
water system. ,
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Mr. Cooper :l s^ rcc� :.etc t!:: r
3 0 :r,::r,le :.:aa;;: :: i„uv�:.ion to
�:
allow a private owner to drill a well oil 11rcillert%.
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r1
Mr. Mullett stated the proposed Braver Creck aquifer :V.%tCm 1
would include a portion of an oil field. In order to dvVelop
an oil well a certain amount of water is required. tie asked p
If the ordinance would give the City of Kenai veto power as
to whether or not oil development could continue in that area.
The Mayor stated before the June IS meeting, administration
will have done the :'c::carch on land ownership and al::o will
look into related statutes and regulations from. derartments
to see how these things fit togr~tlier so the assembly will
--
have information in advance of the hearing.
VOTE WAS CALLED AND ORDIXA14CH SET FOR HEARING LY A 91.5 "Yes”
to 27 "No" VOTE. Assemblymembers Corr, Fields, and Mika voting �
negatively.
Mr. Fields left the meeting at 8:45 p.m. i
H. PUBLIC PRESENTATIONS (with prior notice)
(a) Atty. Jim Fisher; Kenai Packers
-
?dr. Fisher presented a 1cttAr dated May 28, 19"t, requesting
relief from penalty after audit on Supplemental Assessments
Of personal property taxes for Kenai Packers for the years
i
1972 through 1975. The amount of penalty is $2,503.36.
During his presentation Mr. Fisher referred to the memo and
`
stated Kenai Packers has attempted to comply as closely as
possible to the law. Returns and payments have always been
made timely by the firm. When the additional assessments
-,
were made, Kenai Packers made arrangements to pay the amounts
immediately; however, the penalty is protested on the basis that
It is unfair and inequitable. There has been no indication
from the borough during any of these years that something
might be wrong with the reporting method used and Kenai Packers
believed the reportings were accurate. lie urged the assembly
to grant relief of this penalty.
In reply to questions Mr. Barton explained the equipment refer-
red to was reported on a depreciated basis rather than a cost
basis as required in the
:-
ordinance and indicated on the person-
: -J
ai property assessment form. Also, the equipment was not j
itemized as required by the form, but lumped into one value.
Jl.."
After further discussion, ASSEMBLYMEMBER O'CONNELL SECONDED BY
st' _
COOPER MOI Tilt ASSEMBLY GRANT THE REQUEST hOR WAIVER OF
-
PENALTY FOR K:NAI PACKERS FOR Tilt- YEARS 1972 THROUGH 1975.
i'
ASSEMBLYMEMI; iR FISCHER SECONDED BY ELSON MOVED TO A,%tl'NI) TO
----_
POSTPONE ACT ON ON KENAI PACKI!RS FOR 2 WEEKS. VOTE WAS CALLED '
AND TIi1i MOTION TO POSTPONEFAILED BY A VOTE OF 39.66 "Yes" to
69.84 "No" AS FOLLOWS:
YES: Douglas, Lison, Fischer, Mullen
O'Connell, Cooper, Corr, Ilamrick, Hudson, Johnson, -
Lutz, Mika
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4
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KENAI PENINSULA BOROUGH ASSENIALY REGULAR !MEETING MINUTES
JUNE 1, 1976 1'AGE 6
QUESTION WAS CALLED ON THE MAIN MOTION WNIC11 FAIL!. BY A VOTI's
OF 19 "Yes" to 91.5 "No", .lssemblymembers Douglas and :Mika
voting affirmatively.
1. COMMITTEE itEl'URTS
(a) OEDP (As Mr. Hamilton was absent no report was given)
J. MAYOR'S REPORT
(a) Solid haste Report
The Mayor reported at the last meeting there was a lengthy
discussion about solid waste problems and at that time Nr.
Ron Miller requested consideration for rebid of his contract
for the landfill and transfer site pickt:ps. After=orsiderable
discussion, administration does not feel that the hiJ should
be reopened because this would open the door for reb W ding on
many other contracts.
(b) Sales Tax Report
Atty. Carson explained the borough will not be actively pursuing
the cases on the prepared list any longer as the people involved
cannot be located. The attorney stated if anyone has informa-
tion as to where these people might be, he would appreciate the
information. Assemblyme*fibers indicated they knot: where most
of them were. In reply to questions concerning judgments, the
attorney expla}ned the borough has sued these peopic and won
the cases in court. A judginetit was iss:ud with the right to
take bank accounts, equipment, garnishee wages or whatever is
necessary to collect the money.
Mr. Cooper asked if it would expedite collections if criminal
charges were brought against these people since the cases in-
volve fraud. Atty. Carson replied this is possible. fir. Tischer
requested the attorney consult the District Attorney relative
to filing criminal charges.
(c) Roads and Trails Program
The Mayor noted the budget lists the items which are on the
approved priorities of 2yyears ago. The borough is waiting
for the result of a suit brought against the Alaska Trans-
portation Commission by one of the contractors on the Tustu-
mena Road project challenging a ruling, the ATC made which
states ATC permits would be required for the building of that
road. This case is supposed to be heard next week and the
additional roads are to he prepared for bid. if the case
just mentioned has not brought about a court decision at
the time the borough is ready to bid other road projects,
the borough will follow the directions given them by ATC and
lot the bid documents specify that bidders will have to have
ATC permits. This is being done in the hope that another
building season will not be lost.
(d)' Clarence Ryherd, River Vista Subd., Civil Action
The Mayor reported a copy of the summons and complaint. and memo
from Atty. Carson is in the packet as inf-irmation. This relates
to a civil action brought by llr. Ryherd tt;•., inst the borough
following the assembly's decision to deny ;-fiat approval on
April 6, 1976. The information is prescntcd as information
to the assembly.
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KENAI PENINSULA BOR011C.11 ASS11-11ILY JUXULAR mm;'riw miturcs
JUNK -1, 1976 PAW: 7
(e) Relationship of the borough to service areas
The Mayor reported the packet contains a memo from the attvriiev
and a map outlining the various borough service areas. The
Mayer •h -c is
very vague. There is ;I need to clarify just exactly what til'•
responsibilities are and he intends to wort. toward an ordi-
nance for this clarification.
Pres. Johnson reported discuising this subject with Atty. Carson
this evening, giving him some items which he thought should
be included in the ordinance. Ile requested the attorney draft
an ordinance for presentation to the assembly.
(f) Borough Insurance
Dlr. Barton referred to his memo and explained the municipal
insurance market is having a difficult time, particularly in
Alaska because it is a very small area as far as the insurance
companies are concerned. There have been some bad ln.sas in
other communities and although this borough has an excellent
record, the U-iited States Liability Insurance Co. will not
renew our insurance, including property damage and public
liability coverage. Because of this the borough is having
to seek insurance from some other firm. At this point the
borough would like to obtain insurance coverage for one year
only while the market is poor, then come back after a full
study of our needs to advertise for a three year bid. Perhaps
by that time the market will be more stable.
K. SCHOOL CONSTRUCTION REPORT
(a) Change Orders; Nikolaevsk and East Homer
The Mayor called attention to change orders for the 2 schools.
He reported the changes for the E. Homer project do not require
assembly action as they have been approved. One change consists
of upgrading and finishing the existing masonry wall in Corridor
3 for $700. Another change involves installing a wood -steel
supporting assembly, relocating light switch and temperature
control, installing 3 -way switches and compensating roof contrac-
tor for additional trip expenditures for a total of $2,355.
Change Order No. 3 for Ilikolaevsk Elementary is to cover the
installation of a teacher's restroom for $4,417. The Mayor
reported this change order will require assembly action.
ASSEMBLY' HENBER LUTZ SECONDED BY FISCHER MOVED TO APPROV17
CHANGE ORDER No. 3 FOR PROJECT 1176-06 NIKOLAHVSX IN Till: XQUANT
OF $4,417. VOTE WAS UNANIMOUS (109.5).
L. OTHER BUSINESS
(a) Res. 76-24 "A Resolution Setting the Rate of Levy
lor Real and Personal Property Taxes for the Kenai
Peninsula Borough and For Service Areas Within the
Borough for the Tax Your 1976"
The Mayor called attention to.Sec. 2 of the Resolution and
stated the amount has been amended to 2.5 mills.
ASSEMBLYMEMBER MULLEN SECONDED BY O'CONNELL MOVED TO ADOPT
RES. 76.24 AND 'AMEND SECTION 2 TO READ 2.5 MILLS.
7
KENAI PENINSULA B01t0UGll ASSEMBLY IXGULAR b1u,"rING MINUTES
JUNK 1. 1976 1'AGI: 8
For the record the President reported the following mill rates
were set:
Borough S mills
No. Kenai Fire SA 2.5
Central Hospital SA .2
So. Peninsula Ilospital S:1 2.0
No. Peninsula Recreation SA 1.1
QUESTION WAS CALLED AND RESOLUTION WAS A90117-1:9 BY A UNANIMOUS
VOTE (109.5). .
(b) Certification of the 1976 Assessment Roll
This item is included in the packet for the assembly's informa-
tion and reported for the record as follows:
1976 No. of Accts. Total Assessments
Real Property 25,607 $342,SS2,30S
Personal Property 4,897 75,729,420
State Assessed Property 198 457.286,180
30;703' ysis,sb'r,9os
ASS01BLY:IE'IBER COOPER SECONDED BY O'CONNELL MOVED TO ACKNOW-
LEDGE RECF.Ii'T OF THE CERTIFICATION OF THE 1976 ASSESSN1_-,0'
ROLL. UNANIMOUS CONSENT WAS ASKED AND GRANTED.
(c) Appointment to Planning Commission; Geo. Jackinsky
The Mayor recommended the appointment of Mr. George Jurkinsky
to the Borough Planning Commission. Mr. Jackinsky will be
replacing Mr. Walt Pedersen, who has resigned. The term
expires July, 1977.
ASSW1BLY4%V.IBER CORR SECONDED BY LUTZ MOVED TO APPROVE THE
APPOINTMENT OF MR. GEORGE JACKINSKY TO THE BOROUGH PLANNING
C=1ISSION. VOTE WAS UNANIMOUS.
(d) Tax Adjustment Requests
ASSEIiBLYMMIBER COOPER. SECONDED BY O'CONNELL :LOVED TO APPROVE
TIIE TAX ADJUSTMENT REQUESTS AS ITUSENTED BY THE ASSESSING
DEPT. SHOWING A TOTAL. DELETES FOR 1974 OF $3,650, TOTAL. ADDS
OF $24,200, AND A TOTAL DELETES FOR 1975 of $380, TOTAL ADDS
OF $30,750. QUESTION WAS CALLED AND NOTION PASSED UNANvIOUSI.Y.
(e) Res. 76-26 "A Resolution Urging the Establishment
of a Permanent District Judgeship on the Kenai
Peninsula at Ilomer'•
ASSEMBLYMEM'BER COOPER SECONDED BY LUTZ 1I0VFU TO ADOPT RES. 76-26.
QUESTION WAS CALLED AND RESOLUTION UNANIMOUSLY ADOPTED.
M. MAYOR AND ASSEMBLY: COW-1ENTS AND DISCUSSION
(a) Mr. Fischer, letter re: Nikolnevsk
Asked if the Mayor had replied to the letter. The Mayor stated
he has replied and some of the items mentioned will be taken
care of by the new school facility,.
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KENAI PENINSULA BOROUGH a.';SlMHLY REGULAR MEETING MINUTES
JUNI: 1, 1976 PACE 9
(b) Mr. Mullen; Ryherd Subd.
Asked if the matter could be reheard in order to save the
"
borough from a law suit. Atty. Carson stated he was not
----
ceiia;ii tiw inalier could come bark before the assembly. the
appeal has been heard, the scatter !:s:: up for rcvonsitlrrat ion
and it failed.
(c) Lir. O'Connell; Planning Commission appointments
Asked if it would be passible to have names submitted in ad-
vance of final approval by the assembly. The Mayor stated
this could be done, but wher, he sub.-Ats names to fill if tacant
he will only submit one came at a time. Ile explained terms of
3 members expire July 1, 1976 and this item will be before
the assembly at the next meeting. A4 there are only d members
on the Commission uho have experience lie will be reluctant to
nominate additional members. lie reported the assembly can
anticipate, at least for those people outsides cities, that
there will be recommendations for reappointment.
(d) 11r. Corr; service area board minutes - =
Mr. Corr stated the No. Peninsula Recreation S.A. Board is
lax in getting minutes to the assembly on a timely basis. lie
urged the Mayor to request the board to send them sooner.
The Mayor stated the matter of keeping minutes current has been
.
discussed with all service area hoards. The boards are sending _
minutes following approval which means generally a month's lag.
-
(e) Mrs. Hamrick; Distiict attorney in Kenai
Mrs. Hamrick stated she has a copy of a letter sent to the
Seldovia Police Chief where a case had been filed by Seldovia
and the defendant was notified of dismissal of the case even
before the Police Chief was notified. The reason for dis-
missal was given as cost, time, and money to prosecute the
case in addition to having a very busy orklovd. This has
created very severe problems in Seldovin. There have been
4 arrests in the past several weeks and conditions are getting
-
worse as summer approaches. The city is in a quandry at this
point as it appears that any case it presents is automatically
iSnored because of lack of time and money on the part of the
District Attorney in Kenai. She suggosted perhaps in addition.
to Mr. Cooper's resolution requesting a district Judgeship
in Homer, the assembly should consider a resolution urging
=
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extension of the District Attorney's office.
Pres. Johnson believed the assembly should support Ctrs. Hamrick's
ii
request for expanding the size of the D.A.'s office. Mr. Hudson
=
objected to a resolution along these lines until the other side
_
of the issue has been received. He suggested a letter to the
D.A. would be in order.
Atty. Carson recommended that he iyntact the 11i:trict Attorney
and find out what action would be most useful to him in improv-
,
Ing the situation.
(f) Mayor Gilman; annexation. 4th of July Crock
May 21, 1976 there was a Boundary Commission hearing in Seward
—
at which time• tho City requested consideration of annexation
of the Fourth of July Creek area. lie wrote a letter to the
1
Boundary Commission supporting the annexation, and furthermore ---
_
thought the city should consider other annexation in the area.
The City of Seward has limited land mass.
t
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KENAI PENINSULA DOROUGH ASSE1.113A 10:1.111,Ak MIXTI NG tfIti11TUS
JUNi: 1. 1916 PAGIi 10
__. (g) Pros. Johnson; reque%ted excused absence for Mrs. Oldow
and Mr. Hamilton. •Mere was no objection :Incl so ordered.
I
j X. PUBLIC PRESEN'IsITIONS (none)
(f 0. INFORMATIONAL `WERIALS AND REPORTS -
Pros. Johnson called attention to the minutes in the packet
and the correspondence.
P. NEXT MEETING: June 15, 1976, Borough Adn,Inistration Bldg.
Meeting Adjourned: 9:45 p.m.
- Date Approved.- Ju 15. 1976
I
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