HomeMy WebLinkAbout1976-10-01 Council PacketCOUNCIL MEETING OF
SWEET
MOR~AN
AMBARIm~
· ACKERLY
~LTCK
OCTOBER 6,
1976
AGE~DA
REGULAR ~!£1t~FII~G - ICI~NA! CITY COLI~CIL
O~FODER 6, 1076 - 8:00 P,M.
PUBLIC SAFL"~FY BUi/~DINO
PLi~DGE OF ALLEGIANCE
A. Rci~ CAI~
ELF, CTIOIq OF OCTOBER $. 1976 - CANVASS OF BALLOTS
OATH OF OI~ICE
PUBLIC llEARIgGS
1. Ordfnsnee lqo. 312-?$ - £stJMishfflg Procedures for Sole of Cfty-Owned l~nd~
C. PI~RSON$ PRESENT SCHEDULED TO BE HEARD
1. Jif. '/'ed Carson representing Yoshi ired Ruth Shfobtra
2, Mrs. Rub3~ Coyle
D. M1NUT~S
I. Jlinutes of the Regulm* Meefff~orSeptembeF
1. St~tesnent Re~efvted from Mz** Gordon
OLD BUSIi~ESS
!· Kenet ~lks Club Lesse R~te Determf~t~n
$.
G. ~ BUSINESS
1o Bflla to be PaM - Bfll~ to be
2. Ordfnanee No. $L%76 -. Amending Kenat Com~ Library Grant
~. Onflnon¢o No. 3~6-76 - Spee~l De~eFred Aesessment8 in CeFMin HfS Jmprove. Dfst.
4. Ordfrumee lqo. 315-76 - Requf~ AsMsmnents
S. Ordinate lqo. 316-76 - Amending 1076 Kemd ~unfefp~!
6, Reoolutfon No. ?6-$2 - Insu~nee Premfums
?. Resolution No. V6-03 - Seninv Citizen N~ Or~t
8. Pq~nent to I~S o Forest Drive tfat~* Line i~o~eet- Resolution 1~o. ?6-54
9. Retfri~t~n or Vote - Clunge Ord~ fl ~nd J2 - Forest D~lve W~tar Line Pro~eet
10o
I1.
14.
I. City Meno~ez*$ Report
2. City Attorney's Report
$. ihyor'8 Report
4. City C]m'k'$ Repm. t
S, Fina.'~o DJre~z"8 RqN:~'t
a. Planning · ~c~_ing Commission's Repo~
V. Kenll Peninsula Borough Ass~nbly'G Report
PEIISONS PRESENT NOT SCHBDT~ED TO BE HEARD
J. J~r. Afl EvGn8
KENAI PUBLIC SAFETY BUILDING
MAYOR JAMES A. BLSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
PTesent~ Walte~ Sweet, Richard Morgan, Dan Whelan, Edward Ambaz'isn,
Tom Aekerly and James Bison.
Absent: None
AGBNDA APPBOVAL:
There weFe no additions to the e~enda, however, City Mena~eF Wise advised
that item 0-8 would be Resolution 76-54, payment to PR~S - Forest DF. Waie~ l~oJeet.
ADJOURN FOR PURPOSE OF CANVASSING THE BALLOTS OF THE 10-5-76 ELECTION
With no objection ft~m the Council, Mayor ~lson adjoin'ned the regulaF meeting of
the Counetl of the City of Kenai for the purpose of canvassin~ the ballots of the
City ~!__~otfon held October 5, 1976.
At this time, Councilman Whelan asked that he be exonsed from the ennvass of ballot8
and would, therefore, abstain fi*om voting on any issues with regard to the canvass.
City Clerk Sue Pete~ advised that she had contacted the Election Supervisors office
in Anchorage to determine the elJ_.~,lbllity of those voters who had been questioned
and o_h~_ !!~,n~ad. Those votees whose ballots weFe inelifible weFe contacted and
pFoperly re6istered and/oF notified as to the reason thelF ballot had been questioned.
The Clerk, therefoFe, determined that there were 18 challenged oF questioned ballots
that are acceptable.
NOTION:
Councilman Ambarisn moved, seconded by Councilman Sweet, that the two questioned
ballots found Ineligible not be accepted as they are not In acceptance with the
votin~ ~egulatfons of the City of Kenai and exelude these ballots f~m the canvass.
Motion passed by Foil enll vote with Councilman Whelan ab~n~.
Mayor Bison tnstm~cted the Clerk to proceed with the tallying of the absentee
and questioned and elm_ !_~enged ballots.
KENAI CI~.Y COUNCIL, REGULAR MEETING, OCTOBER 6, 1976 Page 2
isorou~h Assem~iy - Mrs. Jo Ann Zison - 38~
City Council - Betty J. Glick - 267
Mike Huss - 191
Dan Whelan - 296
Proposition I - Yes; 235 - No; 135
Spoiled Ballots - O
Challenged Ballots - 18
Absentee Ballots - 4
Total Ballots Cast - 469
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, that the Council of
the City of Kenal, Alaska, do hereby certify the results of the canvass of the
ballots for the annual election of October 5, 1976 __!~_~ ~_n_nouneed by Mayor Elson.
Motion passed unanimously by roll call vote with Councilman Whehm abstaining.
OATH OF OFFICE,
Mayor Elson in~;~-dcted the Clerk to aflmint~ter the Oath of Ofl~¢e to new Council
members Dan Whelan and Betty Gltek.
Mayor Elson also requested that the Clerk advise the Kenal P ~,~_t,,m;l~ Borough
af M~o. Jo A~n Bison's selectfon to the Assembly.'
RECONVBNE - REGULAR _a~RRTING Olv OCTOBER 6, 1976
PUBLIC tlP, ARINGS
B-h Ordllmn. co No. 31~-76 - Establtshin~ Procedures for Sale of Cia-owned lands
MoyoF Elson read the following: "an erdtnanee of the Council of the City of Kenal,
Alaska establishing procedures for the sale of City-owned lands. ',~ere~_ _~, the
Code of the City of Kenal at present contains no provisions relating to the sale of
real property by the City; and Whereas, the Council desires to establish procedures
fro, the sale of City-owned lauds. Now, therefore be it ordained by the Council of
the City of Kenal as follows: That the Code of the City of Kenal is hereby amended
by adding to Chapter 20, Lands, a new Article IV which sl~_ ~ read in its entirety
as follows: # Mayor Elson advised that as there were several sections included in
the ordinance those individuals who wished to review them could do so by obtaining
copies of the ordinsnee at City Hall.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 3
lVlF. Wise advised that Administration felt this ordinance was viable and would enable
the City to proceed with the sale of various City-owned lands.
Mayo~ Elson opened the hearin~ to the public. There beln~ no input fi-om the public,
the hearin~ was retrained to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of
Ordinance No. 312-76, an erdinance of the Council of the City of Kenat esteblishtn~
procedures for the sale of City-owned lands.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-h
M~. Ted Carson represent~ YosM. and Ruth Shtohira
Mt*. Ca~son came before Cmmefl to request Counofl eoneldeFation on two 1terns that
have directly affected the Shiohiras. The first beinf that they paid monthly sewer
charges at their present location when in feet it was discovered that they were not
even hooked into the City sewer system. Mr. Carson requested that the Council re-
bate these sewer charges on the property they now occupy fo~ the time period they
were not hooked into the system'. Also, M~. Carson edvtsed the Council that at the site
where the Shtohiras a~e buildin~ a now heUfty, it has been found that it will cost
considerable amount of money to tie into the sewer system as em~nenus InfoFnmtfon
had been given to them from City Hall with re~ard to placement of the sewer line.
M~. Carson requested that the City eompensete them for the cost of the new sewm' line
Cmmeflman Ambaffan suggested that the Council defer action until Admiulstnltion has
had the oppertuntiy to submit proper Information on this matter. Couneliman Morgan
stated he felt that the City should immediately rebate funds to the SMohiras for the
time perfod tn which they paid sewer charges to the City when In fact they were not
hooked Into the sewer system. Couneflman Whelan stated he felt it was the rasponsibflity
of the City to verify that a user is hooked up to the system prier to blll~.
NOTION:
Cmmeflman Morfan moved, seconded by Council__man Sweet, that the City of Kenat
refund erroneous sewer eh~,ges for the time period that the Shtohiras, at their present
location, were not hooked Into the City sewer system.
Motion passed .n,m!mously by roU eau vote.
CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 4
With rel~erd to the matter of the new sewer line to the site of construction, Mayor Elson
stated that be believed the prior lease holder installed the sewer system and perhaps
could advise of the exact statistics. Mr. Carson advised that Doyle Construction
will be beginning work in the very near future on the tns~ll~tion of the line and as
his client had come to the City and was given information wllich they relied upon,
that M_~ client must start construetfon without further delay. Mr. Wise requested that
the ShtoMras submit cost data to the Cfty as soon as it has been verffied by the contrsetor.
Mr. Carson asked that this nufl~er be placed on the next agenda under "Persons Present
9eheduled to be Heard".
C-2: _~tra. Ruby Coyle
MFS. Coyle reminded Council that a group of citizens from the entlyinf~ areas of the
City had presented a petition to the Council on the differential tax zone and this group
feels that the City has not given their petition pro'per consideration. Mrs. Coyle further
sMted that the report submitted by the Administration with regard to tM~ ..... matter had
been biased. Councilman Ambal~an stated that at the time the Council received the
petition and repo~t the Council did.request further study into the matter.' Councilman
Mm'gan stated that he felt Councilwoman Gliek should be given au opportunity to rt~;ew
the report. Mayor Elsun sugf;ested that a wo~k session be scheduled -- with Council
eoneum, enee, a work session was seheduled for Thursday, October 14th, Kenai Public
Safety Bufldin~ at 7:30 p.m.
Another mttm' which Mrs. Coyle requested Council consideration was with regerd to
street maintenance of'Barabara Drive. Mrs. Coyle stated she had learned that monies
were now available through the Local Tratls and Roads funds and asked that some of
these monies be Used for gravel and repair on Berabara Drive. Mr. Wise advised
that though the City had the responsibility to maintain Berabera Drive, there were no
funds available to do so. It will be neseseary to have the Piannin~ Commission and the
City Council make determinations as to priority projects for use of the funds from the
Local Trails and Roads before these funds can be allocated Mr. Wise further advised.
Mrs. Coyle requested that it be a matter of record that she felt the local efttzens should
not have to mair~t~_q their streets themselves as ts the ease of Barabara Drive.
D. MrNUTES
D-h
Minutes of the Regular Meetin~ of Sept__,~__~er 15., 1976
The~e being no additions or corrections, the m!.utes were approved ~s distributed.
E-h Billing' from Mr. Gordon Tibbette
Mayor Eison advised that Administration requested Mr. Tibbetts' statement be
noted as received by the Counofl. Mr. Wise advised that th_l_~ billing was for the period
u I
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGP. 5
of time Mr. Ttbbetts business was required to close by the City and for expenses incurred
by his attorney. Mayor i~lson requested that back~round information on this matter be
compiled and put on the next a~enda of the Council.
F. OLD BUSINESS
F-h Kenai El.ks Club Lease Rate Determination
Mt,. Wise advised Council that the Elks Club has submitted verification of in-kind
work performed on the pa~k adjacent to their facility for the years 1972 thx.ough 1975.
Mx.. Wise further stated that the question here would be how to validate the data and
also tn-kind labor does not meet the requirement fox. reimbtt~sement to the Airport Fund.
Mayox. Elson explafned the terms of the lease and the letter from a former City Mana~ex.
altering the terms of the lease. Councfl_~an Sweet stated that the City had no choice
but to accept the in-l:'md contribution plan for the years 1972 through 1975 but should
x.ene~ottate the te~ns ,)f the lease from this date on. Mayor Bison reminded the Council
the past In-kind oontcibutions may not ?,e acceptable to the FAA and the Cfty would then
have to x.efmbu~se the Airport fund for- ~hese past yea~s in which we a~e In non-compliance.
Councilman Whelan suggested rother t.~n make a transfer of funds -- cheek udth the FAA
to see if the City would be held In non-eomplisnee for the past on this pa~tfculm- piece of
leased p~operty. ~. Wise recommended that the terms of the renegotisted l_,~___~e be
dstermined as soon as possible and the lease go on a cash basis immediately.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Sweet, that the city accept the
In-kind eontm'bution from the Elks Club for the yea~s 1972 through 1975 and a new lease
be ~ene~otiated 5mmediately with the Kenai Elks Club on a cash only basis.
Motion passed unanimously by roll call vote.
'G. NEW BUSINESS
Bills to be paid - bills to be ratified
Bx.. Wise advised that all bills for payment and ratification were budgeted ftems and
recommended approval.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, far approval of those items
listed fox' disbursement and approval of those items as listed for ratification.
Moffon passed unanimously by roll call vote.
Ordinance No. 313-76 - Amendin~ Kenai Co~m_untt~ .I, tb.rar~ Grant
Mayor Bison read Ordinance No. 313-76, #an ordinance of the Counoil of the City of
Kenai approprta~_n_g $20,000 to the Capital Projects Fund e~flfled 'Kenai Community
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
I 1Fl'Ir ..... IIii 11'1 - - '
PAGE 6
Library" end increasing estimated revenues, entitled 'Kenat Community Library
Grant" in the mount of $I0,000 and donations from the Friends of the Librar~y in the
amount of $30,000. Whereas, the City of Kenat has previously received e ~Tant fi'om
the State of Alaska in the amount of $356,505 for the eenstruetton of a library; end
Wher~u, $50,000 of this ~rant was aiI~-aied fox' fu~nishln~ and biclu received for
these items exceeded this amount; end Whereas, the State of Alaska has increased
the ert~ml ~ant by $10,000 provided the City of Kenai matches this amount; and Whereas,
donations in the amount of $I0,000 from the Friends of the Library have been deposited
with the City of Kenai in a Special Revenue Fund; and Whereas, proper accounting
practise requires that all appropriations of City monies be made by ordinaries. Now,
therefore, be it ordained by the Council of the City of Kenai that the City increase
estimated revenues and appropriations as follows: Capital Projects Fund: Increase
Bsflmated Revenue - Kenat Community Librat-y State Grant - $10,000; Donations -
Friends of the Librat, y - $10,000. increase Appropriations: Kens! Community Librat'y
Furnishings - $20,000".
MOTION:
Councilman Morgan moved, seconded by Counc~tman Ambarlan, for intreduetlon of
Ordinance No. 315-76, an era~q*tee of the Council of the City of Kenni appropriating
$9.0,000 to the Capital Projects Fund entitled "Kenai Community Library" and increasing
estimated revenues, entitled 'Kenat Community Library Grant" in the amount of
$10,000 and donations from the Fx*lends of the Library in the amount of $30,000.
Motion passed unantmouly by roll sail vote.
G-3: Ordinance No. 314-76 - Special Defex~ed Assessments in Certain Water/Sewer
Improvement Districts
Mayo~ Elson read Ordinance No. 314-76 by title only, "an ordinance of the Council
of the City of Kenat clarifying the status of Special Deferred Assessments in certain
wate~ end sewe~ improvement districts". Mayor Bison advised that copies of
Ordimmee No. 314-76 were available at City Hall.
.M~. Wise advised that this o~dinanee was prepared in order for the City to have
a ~ of policy with regard to these matters ss to how various assessments a~e paid
off,
MOTION:
Councilmen Morgan moved, seconded by Councilman Whehm, for introduction of
Ordirumee No. 314-76, an erdinance clarifying the status of Special Deferred
Aosessmenta in certain water end sewer improvement districts.
Motion l~ssed unanimously by roll ~dl vote.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 7
G-4: Ordinance No. 315-76 - Requiring. Assessments be made cum*ent at transfe~ of title
Mayor Elson rend Ordinance No. 315-76, "an erdinance of the Council of the City
of Kenat requh, fn~ that assessments be made em. rent at the time of t~ansfe~ of title.
Whereas, the Council finds that it is essential to have assessments etu~ent at the
time of transfer of title. Now, therefere, be it ordained es follows: The Code of
the city of Kenat is hereby amended to add new Sections 16-22 and 16-23 which
read as follows: Payment of Assessments Upon Transfer of Title - Section
All past due installments on any special assessments levied on property in any fmpr~ve-
ment distrfet within the City of Kenal shall be paid in full with applienble interest
and penalty prior to the time any t~ansfer of title to that propez~y is duly ~-ecorded
in accordance with statute. The transferor of the property shall be responsible for
insuring that the provisions of this section a~e complied wfth. Penalty - Section 16-23:
Any person who violates the provisions of Section 16-22 is bullty of a misdemeanor
and punishable by a fine not to exceed $300. The pe~_~lty provided for B~ein sB,~u not'
bar re~th~ foreclosure proceedings provided for by statute.~'
Mr. Wise advised that at the present time, there is no assm~nee here in Kenal to the
buyer that the propeety is cienr ~ th~efore, the City is providin~ that assessments
be made em~ent at the time of the transfe~ of the title.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, for introduction of
Ordinance No. 315-76, requirtn~ that assessments be made current at the tlme
of tnmsfer of title.
!
Motion passed unanimously by rob call vote.
G-5: Ordinance No. 316-76 - Amending 1976 Kenal Municipal Airport Regulations.
Mayor Bison rend Ordinance No. 316-76, an o~dinanee of the Council of the City
of Kenal ame~tding the 1976 Kenai Municipal Afrpert Regulations by title only and
advised the ImbUe that copies of the entire transeJpt of the erdinance were available
MOTION:
Couneflman Ambarian moved, seconded by Councilwoman Gliek, fo~ introduction
of Ordinance No. 316-76, an ordinance of the Council of the City of Kenq~ amendfn~
the 1976 Kanai Municipal Airport Re~daltons.
Motion passed u~an!_mously by ~oll enll vote.
G-6: Resolution No. ?6-52 - In ,spranee, l~smfums ·
Mayor Elson read Resolution No. ';6-52, Poe it resolved by the Council of the
City of Kenai that the following transfm, of monfe8 be made within the 1976-??
General Fund Budget. From: Contingency- $(7,889) To: Non-departmental
Insurance - $7,889. The purpose of this resolution is to transfer budgeted do!!_~ve
for the purpose of payinf insurance premiums for the City of Kenai".
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE
Mr. Wise advised Council that t_h_is reaoluflon provided the City to meet obligations
on insurance premiums due.
MOTION:
CounciL-nan Ambar'~n...v. ~,n, ~ondcd by Cc~ncflm~~. Swect~, fo~ ~p~n ~f
R~lu~n No. ~6-52. ~d~ of ~nds ~r pa~t of CiW of KeP~ ~s~ee
Motion passed unanimously by roll call vote.
G-?: ,Resolution No. ?6-53 - Senior Citizen Nutritional Grant
Mayor Elson read Resolution No. 76-53, a resolution of the Council of the City
of Kenai author~ the City Manager to apply for State of Alaska Council on
Title VII Nutrition Pro,ram ~-ant. Whereas, the City reeo~ee that the~e is a
need on the pa~t of senior citizens far nutritionally sound hot meals, and Whereas
there f~ a federal pro,tam administered through the State of Alaska. Council on
A~g. which eould help the City provide such meals, and Where~s, the City of
Kenai cannot qualify for a ~ant from the State beeause of size but can qualify as
a sub-~antee of the Salvation Army-Anchorage, and Whereas, such pro~am
r~.qui~es a ten percent 10eal matching by the City which need not be cash. Now
therefore, be it resolved that: the City Manager is hereby authorized to apply
for a sub-~t, ant with the Salvation Army-Anchorage for monies to implement a
Title VII Nutrltfon Progt. am. the total prol~un to be $36,533 including a ten per~ent
matching by the City to be met solely by the rental value of the use of Fort Kenay
as a facility for the pro,am, and the City Manage~ fs hereby ftt~ther authorized
to execute all necessary doeumenta in connection with the above.#
Mayor Bison inquired if the Mayor's Council on Aging and other senior citizen
~*oups had reviewed the pronoun and was advised by M~s. Pat Porte~. Director of
Kenat Senior Citizens, that she bad been advised that the proper preeess was to
get Council autherization first before proceeding to the other ~t~ups. Mrs. Portor
also expl~ed the proposed prell'am to the Council.
MOTION:
Councilman Whelan moved, seconded by Councilman Mor~q~n, for adoption of
Resolution No. 76-$3, authorizin~ the City Manager to apply for State of Alaska
Cotmoil on A~dng Title Vll Nutrition Pro,ram Grant.
Motion passed unanimously by roll call vote.
0-8: Resolution No. 76-54 - Payment to PRaS - Forest Drive Water Line Project
Mayor Bison read Resolution No. 76-54. a resolution of the Council of the City of
Kenai authorizing the City admtnis~ation to make final payment to PR~S. Inc.
fo~ the Forest Drive Water Line Project subject to final aeseptance by the City.
KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 9
Whereas, the Forest Drive Water Line Project is substantially complete, and
Whereas, action by the Council is necessary to make payment to the contractor.
Now, therefore, be it resolved that the City Administrator is hereby authorized
to make pa.vment to PR~q, Inc. in the amount of $98,33.2 to cover the original
contract amount for the Forest Drive Water Line Project of $81,933 and Change Order
No. I for $9,200 and Change Order No. 2 for $?,200 provided t/mt such payment
shall not be made until the project is finally accepted by the City Manager in
accordance with the terms of the contract."
Mr. Wise reported on the status of the Forest Drive Water Line Project and
reiterated the position of the two Change Orders to Councilmen Whelan as he had
been out of the City during the time period in which these changes took place.
MOTION:
Counctl~ Ambari_~_n moved, seconded by Councilwoman GHck, for adoption of
Resolution No. ?6-54, payment to PR~S, Inc. - Forest Drive Water Line Project -
~n the amount of $98,333 provided that such payment s _I~_~ not be made until the
project is finally accepted by the City l~er in accordance with the terms of
the cont~set and, in addition, Council hereby r~tifles the vote of Chan~e Order
~1 and Chan~e Order #2 - Forest Drive Watm. Line Project.
Motion paesed unanimously by roll call vote.
H. RRPORTS
H-l: City Manager's Report
The entire ~-anscript of City M$__,~_ get Wise's Report #2 is attached in its entirety
and hereby becomes an official part of the minutes of the regular Council meeting
of Octobor 6, 1976.
MAYOR'& COUNCIL - QUESTIONS AND COI~MENTS
Councilman Ambarian stated that several projects are still using the City crews
fcr labor which were not budgeted for this type of work. Mr. Wise responded
that he did not like to use City crews for forced labor and would investigate the
Councilman Whelan stated he had observed a reference to a~ assistant public
works director and as this was not a budgeted position asked for an explanation.
Mr. Wise advised that the Engineer on the EDA Water Well Project had done some
supm'visory werk on the Forest Drive Wafer Line Project and thus the reference
to the asst. public works director.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 10
H"3:
H-G:
lt~. Wise advised that ~lth regard to the Street Lighting -- in inveati~a~
the matter it has been found that the actual construction and design was faulty and
thus the reason for some lights worldng and some not. Also, steps have been
t~c~n fo~ ~ehabu~sement f~om the State but the City must ~ the a~.eementa, ets.
Audit - Mr. Wise advised that the audit wes basically complere, however, the
remainin~ work appeared to be the final typing end distribution.
Planning Commission - Councilwoman Gliek stated that she would resign as
Chairman of the Planntn~ Commission at their next re~ula~ meeting and this would
leave two vacancies on the Commission.
cf~ Attorney's R .e~-t
Tide Lands - City Attorney Williams edvised that a decision had come down
on September 14, 1976 and the protestant had until October 14, 1976 -- if he does
not protest the decision against him, conveyance of the Tide Lands to t~,, City should
be made shortly thereafter.
PEP ~uit - the State rejected the City's most rcoant ofl'e~ of $24,000+ and they
indir~te they are ready to preceed to ConFt. The City AtioFney advised that she
would have more on this subJeot at the next meeting.
Ma~or's Re~o~t
None
Clt~ Clerk's Report
None
,F. inanee Direetor*s Re~xFrt
Counellman Ambe~m inquired ss to the condensed financial report and was
advised by M~. Wise that a de~ed report was available at City Hall. Councilman
Ambarian and Councilman Whelan requested that copies of the detailed report be
.Plarm!u~ & Zontn~ Commission's Repm. t
Councilman Amba~m reported that at the last meeti~ of the Commission a developer
had app~ached the Commission fo~ a request to lease 10 acres at the em. her of the
Spin' Highway and Beaver Loop. The developer was advised that thio a~ea had not
been released by the FAA but the matter was later discussed in s work session and
tt was determined by the Commission that a recommendation be made with regard to
~-zonfn~, subdividin~ and leasin~ the area.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGW n
Also, Councilman Ambarlan requested his resignation as ex-officio member to the
Planning Commission be accepted and in his place, Councilwomen Glfek be named.
MOTION:
Councilman Ambarhn moved, seconded by Councilmen Morgan, that CouneJlwo_ms___n_
Gliek be appointed to be the Kenai Ciiy Council representative to the Kenai Planning
Motion passed unanimously.
MayoF Elson staied that in discussions with the Borough Planning Commission, it
was a~Teeable with them to have Councilwoman Glick continue es Kenal's representative
to the Borough Planning Commission if ii met with the approval of the Kenal Planning
C~_ mm~sfcn.
H-?: Kenai Peninsula Berough Assembly RepoFt
Mayor Elson repo~ted that he was unable to attend the last meeting of the Assembly
as ii was held in Seward for the purpose of homing a publis heartn~ to determine
the need of a FiFe Seevtee Distz, let in that area.
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
l-h Me. AFt Evans
Me. ~s inquired about the change in hook-up rates -- Mr. Wise advised that
the Ordinance changing the hook-up rates would be ~m~g afte~ certain amend-
ments had been made.
BXBCUTIVB SBSSION
Councilmen Sweet moved, seconded by Councilmen MoFf~sn, that the Kenai City
Council adJmum to othem qUarters for the puFpose of holdSng an Executive Session
to disauss the Kenal Property Owners msff~F.
Motion passed unanimously.
M~yor Elson called the regular meeting of the Kenal City Council back to order.
,]
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE
MOTION:
With regard to the Kenai Property Owners Assoeioflon matter and also
with ~*~uncfl coneurFence, Mayor Elson directed Cfty Admfnis2ation to pFoeeed
with re-evaluation of the districts in question fox. the pm. pose of resssessin~
subject parcels tn light of the 25 percent limitation p~esct*ibed by the Charter.
There being no fut. ther business to be brought before the Cmmeil of the City of
Kenai, Mayo~ Elson adjourned the meeting' at ~ 30 p,m.
Respeegully submitted,
1
CITY OF KENAI
CITY MANAGER*S REPORT
(10otober 1976)
Administration and Finance
Kenai l~.ope~y Owner's Association
Enclosed is a paper discussing the effect of the three options relating to
settling the suit by the Property Owners Assoc~tion against the City.
The Council should review this discussion in an Executive Session as the
State Revenue Slmrin~
Om' application for State Revenue Sharing has been submiited to enable us to
qualify for the early distribution of funds. One of our problems was in
developing the number of road miles whfoh we maintained. The data that
we have compared with the data that the State has simply Is not in a~'eement.
To eorreot this, we will submit to the State a ~omplete road listing with a
revised map to insure that both their offine and our office have fdenffeal data
and hopefully we will even be able to add additional roads to our entitlement.
Ah, port Study
The consultants arrived tn the City on Tuesday the 28th and discussed with
the Administration the outline of study and the facts eoncerrflng the City.
Tuesday evening we met with the Airport Advisory Cemmfltee and with a
Father frank diseusalon outlined many of the peculiarities of the City and the
areas that are of concern to the City within the study itself. The eonsultanta
were gTatffisd at the response and appreehted the input that wes presented
to them. We now expect to receive fi'em the consultants a design report in
draft on or about the 18th of October which will be presented to the members
of the AiL-port AdvisoL. y Commission for their review. Depending upon eommenta
and need for revision, we may ask representatives of the firm to again visit the
City and discuss those particular revisions and questions. It must be noted
that Jrt their proposal to do the study they had not planned mere than one
trtp to the City and presumably there will be a request for additional funds
over and above the $?,000 fn the event a second trip is msde. However, I
wottld say if there are major p~*oblems or problems of any due siffnlfleanee,
at least a representative of the consulting ~roup should be invited up to discuss
ft with us.
CITY MANAGER*S REPORT #2 - Page Two
e
Senior Citizen Nutritional Program
We have developed a I~ant application for the Senior Citizen Nutritional
Pro~ram end a resolution for the Council to adopt applying for that grant.
We have explored the administration of the ~rant to include the site manager
and the personnel that actually prepare the food and conduct the pro,ram and we
have basle a~reements so that we can affect the program tn a economical and
effective basis.
Land Sale Ordinance
When the Land Sale Ordirmnee was introduced, I understand there were several
questions relative to the use of assessed values in analyztn~ and evaluating
individual pieces of property. We have used this to ~lve us an economical tool
and establish a baste value. If we required in the ordinance an appraisal,
there would be considerable mount of ~ont money that the City would be required
to put up. In the event a parcel warrants de~_ fled appraisal, we should do so.
However, the uflltzin~ of the assessed value as a working or base fl~u'e does not
limit us to using that as the value of the property at the sale. Thes~ are only'
basic Information so t_bst the Council can be advised as to a value of the property.
I am sure that in cm~_a~n situations we could very well recommend setting a sale
price considerably above the assessed value or perhaps below the assessed value --
depe~_dtn~ upon the __m__~e,ket conditions and the opportunity of sale.
The Elks Club Lease
The Elks Club has lr~ovtded us with informaticn as to their -i~-'kind'eont~lbuticn.
Re~ettably, I feel that the information that they provided us is not really
auditable to establish whether or not a value has really been accomplished
to the property affected. Further, an in-kind contribution re~'ettably in no way
meets the obli~ation of a cash contribution of a equity lease to the appropriate
aix, port fund. The Council, as its. option, can, of course, make a contrthuticn
to any lel~Rimate publfe eetivity whether it be in the mount of due lease payment
or simply a contz-lbuflon for the activities that the club sponsors. In this
situation a cash payment should be made to the appropriate airport fund and the
choice whether the Council fund it or whether the Elks Club fund it directly is,
of course, a prerogative decision of the Council.
Kenai Communit~ Ltbrat~
You will find on the agenda an ordinance to amend the Kenal Community Librat-y
Grant. I believe that his ordinance is self-explanatory as to the purpose and
intent of adding the donated funds as well as the State ~z. ant montes. I would
like to note also that the deficiency list has been reviewed with the contractor
and essentially most items have been amicably settled. One item which the
contractor has agreed to do is in essence tea~ out the front steps and rebuild
CITY MANAGER'S REPORT ~ 9. - Page Three
**
10.
them in accordance with specifications. Additionally, the Library Association
will have a dedication planned for November, either the 20th or the 21st, dependir~
upon out-of-town visitors availability. The date should be firmed up shot~dy
and you will be notified.
Ait~ Ordinance
The Airport Ordinance is a series of amendments to clean up cert_~, parts that
were in the original ordinance. We have circumstances that where the rules
are left dangling. Such as, we will impound an ah'craft but the ordinance then
does not continue to provide a means of disposal of that ah, craft or fees connected
with the impoundment. We have added language which will make impoundment
permissive end establish fees and permit disposal. We have also corrected a few
other areas relative to helicopter operations to insure safe operation of helicopters
particularly transient in the airport and als5 re-define Movement Area as requested
by the FAA.
Assessment Ordinance
You will find two assessment or special assessment ord~_,_~ees on the a~enda,
Ordinance No. 314-76 end 315-76. Ordinance No. 314-76 is a ordinance we have
added foe amendment to the General Assessment Ordinance to require on transfer.
of title that assessments be em~ent. This is designed to insure that a buyer,
whether it be of a house er t~aet of land, is proteeted as to delinquent assessments.
Ordinenee No, 315-76 is to amend a d!f~eult situation we have on special deferred
assessments which are provided in the multitude of special assessment district
resolutions end speeisl assessment district ordinance. ReK~ettably, in those
resolutions and erdinanee there is no defined method of terminating the defereed
situation and how do we get back on the payment eehedule. The language we have
developed we believe will clarify for all pa~ies eoneeened how we pick up after
a defm*ment ends.
.S.ale of Foreclosed and. C.i.ty-owned Propert~
We are em~enfly reviewing foreclosed property end attempting to develop
data consistent with the above-mentioned Land Sale Ordinence which is before
the Council Wednesday night. We hope to be able to develop data which will
meet the o~dinance's requirements so that we can introduce a land sale in the
very near future -- hopefully, at the next Council meeting.
CITY MANAGER'S REPORT #2 - Page Pour
II. lnsurflnee
We have on the agenda an resolution to transfer funds from contingency
to insurance in a certain given amount. Regrettably, this will not be the last
transfer to the insuranoe fund. We are not able, at this time, to ascertain the
numbers required to support the two umbrrella policies required to protect
the City.
Bills for approval and rattfieatfon
There are two bills that I would like to draw your attention to -- one is the
Kenworth bill for repairing damage to the truck frame the cost of whfch is
considerable, however, the claim did not meet our deductible, therefore,
it is fully payable by the City. The second bill is to the IACP International
Association, Chiefs of Police. It was a disbursement required by the terms
of a Federal grant whfch we had to make prior to the end of the month to pre-
clude loss of funds.
Finan,e, fal Status Report
Enclosed is the Financial Status Report for the City as of August 31, 1976
in a summary form. The only areas I will comment on is the General Fund
revenues in receipts are 35% and it must be noted that the Borough's pre°payment
on taxes has given us that edge. Our expenditures including encumbrances
are currently 10%, hawever, there are expenditures which are bulk which would
bring us up to the normal anticipated rate of approximately 17% as of this date.
I will have with me at the Council meeting the detailed break-out of revenue end
expenditures by Depa~;~ment and individual lines if any of the Council is desirous
of r~tewing it.
Department of Public Works
Forest Drive
At this time, all of the I0" ducted water line has been installed. AH of the
connections to the existing main have been made except for one connection
at Elm and Cedar Streets. This final eonneotion will be made the first of next
week. The line has been flushed, sterilized and pressure tested to 150 psi.
At the present time, the contractor is proceeding with hack-filling compaction
of the trench. We ere hopeful that the re-paving at Elm and Pine will be
accomplished by Wednesday at which time we can expect a request for payment
on the water line. In the event the pavement is not in place and the Job not
properly complete, we will adjust the payment schedule to insure that we will
retain funds for completion of project and perhaps re~tnage as is normal
under most construction situations.
CITY MANAGER*S REPORT ~3 Page Five
2. Animal Shelter
At tiffs time, the concrete slab and foundation have been poured, framing has
been completed and siding installed. City crews are installing the water service
and once the water service is installed, we will finish construction, installation
of septic tank and crib. Shortly thereafter, IlEA will be in~n!~ling the under-
ground power cable.
Warm Stera~e Fecflit~
Gas mdt heaters for the building have been installed and we are now in the
process of installing the wiring and the lights which hopefully will be completed
in the latter part of next week.
EDA Water Well Project
As of today, construction, staking and clearing staking has been completed
by the engineer in the vicinity of the new well house and along the x~ht-of-wey
of the pipeline. There have been a few exploratory holes dug for the determination
of the exact location of 12~ water line leaving Well No. 1 and there has also been
some excavation for the exact location for water line crossing the airport property
itself under the runway. The contractors hope to start eleax*lng of the Fight-of-way
for Well House No. 2 and the pipeline right-of-way around the latter part Of this
coming week.
Redoubt Terrace Subdivision
Contractors workin~ in the area are in the process of instn_ ll~ug water and sewer
mains to the bluff lots on the south pox-tfon of the Redoubt Tex~ace Subdivision.
At this time they have completed the inst_Al!n_tion of sower mains, sewer man-
holes and sewer services to the property line. They have tied into the City water
main and are In the proeese of extending the water main and sarvfees to theJ~ lots.
They hope to have completed this project sometime this earning week. Once the
eons;~detlon has been completed the C fry and their engineers will make a final
Inspection of all construction and determinations will be made as to whether the
Cfty will accept the new construction as part of the City's system and, of course,
p~oparly provide ua with as-builte of the system.
,Kenal Boat Harbor ,Road
Our Boat Harbor Road did survive the high tides of this month. We ere in the
precess of putting on the f~n_! lift on the road at this time. Hopefully, this will
be completed before f~eeze-up.
CITY MANAGER*S REPORT ~2 - Page Six
?. eet L*l hts
We have r~lewed the a~*eementa with the State on the stFeet light eleeh*f~d
reimbtwsement and have made oontaet with the Stat~ es to the requh'ements for
Feimbursement. We lure been promised data bom the State es to the offensive
date of eligibility of reimbursement and whet we have to do to quali~y fo~ such
refmbursement. HopeFully, we will set t_ht~ in the next week or so and be able
to move the item and obtain some $?,000 to $9,000 reimbuFsement.
Mural on Terminal Building
Some work has been done in the past regard' to repaf_nting the exterfm, of the
Te~ntnal. In t_~t tt will need paint, certainly by latest next year,, some work
has been done by the Department of Public Works in conjunction with the Art
Instructors at the High School as to pm*haps paint murals to depiet the Alaskan
s~enes on the outside of the Tetmiinal. We have discussed this with the Planntn~
Commission and they have no objection to the concept. However, I would have
liked to ob~1~ Council a~reement to the concept before we proceed any ~er with
the High School in defln~ actual mural pro,Tam which might be applied to the
Watm*/sewm* Pm*mit Ordfn~ee
TMp ordinance which was tabled at the last meeting is still not yet reedy for
reeonsidm*ation by the Cotmefl. Re~ettably, some ethm* a~v~fles have fro*ced
us to defer action on ii. We will have proposal fro* the Council at the next Council
meetJllg o
CITY OF KENAI
~EMORANDIBI TO:
Bonorable Meyor & City Council
1:~,0~: John B. Wise, City ~tana~e~
DATE: September 27, 1976
SUB. CT:
KENAI FROPERI'Y OWNER8 ASSOC/ATION
~alue'of the wate~ 'or sewe~ special assessments were ~dded end the sum divided
by fora' (4) to arrive st the maximum special ~ssessment pL-~nitted by ChaFter.
The following data ~elates to those doll~.$ of prlnlelpol that may be wTftten off:
The Council rosy re-assess only those properties of the named
The Council may re-assess all those p~pertles of those ~y
frmluded fn the law mdt (fneludfn~ those above). Some
additional properties will be added ~s ~e determine change
of owneL'ship - $27,477
The Council my re-dssess all properties fn the several
assessment dtstrfets -
- ~4,429o 06
-llll I III II - '
MEI~1OHANDUM - P~fe Two
DISCUSSION
Option J2 permfssfve es to others listed ~ ~t ~t d~f~ ~ ~fl. H~,
~ ~ ~ ~r ~ ~ ~ ~ rel~ ~ ~ ~d ~v~ly
~ f~ ~h ~ ~epuM ~ ~t ~ ~~ ~ve~s ~
Option J2 pex'mfssfve es per Option ~2. VeFy expensive in dolhi*s, prlnfefpal
dmd fnterest -- expeated end needed to seFvfe, e City debt. Helps reestablish
sound ~ basis of eomplatnee with Chaffer end equity foF ell.
Beaommended fn o~der or prere~enae:
1. option
/ 2. Optfon
~ohn E. Wise, City
CITY OF KENAI
- ' - ~ I/I ...... _ II .... '~11'1 ..........
·
ORDINANCE, NO. 312-76
AN ORDINANCE O£ THE COUNCIL OP THE CITY OF KENAIo ALASKA ESTABLLSIIINO
PROCEDURES FOR THE SALE OF CITY-O5~ED LANDS.
WIJI~I~EAS, the Code of the Cfty of Kenaf at l~esent sontafrm no provfMens relating
to the sale of real properly by the City, and
WIII~IIIM~, the Council desf~e~ to establish pro~aduree foF the sale of City-owned
hnds.
NOW, THEREI~ORB, BE IT ORDAINED by the Council of the City of Kermt, Alaska,
as follows:
That the Code of the City of genfli is hereby amended by adding to
Chaptc~ 20, Lands, a new Art~le IV whfoh shall read in its entirety
as follows:
ARTICLE IV
SALE OF CITY-OSVNED LANDS
Ssetfon h Power to d .f~pose of rem M'operty,
The Cfty mey sell, convey, exchange, tr~nf~e~, don~to
dedfeate, dfFec~ oF essf~n to use, oF othoFwfse dispose of City-owned
real property, lnoluding property acquired or held for or devoted to
a public use, only fn a~oFdan~ with this A~tfcle. Dfsposel or sale
of lands shall be made only when, in the Judgment of the City Counofl,
suoh lands are no lon~er reqttired foF munf~fpal ptupo~e8.
~eotlon 2: Sale or dfsj~osal -- PoFrn
The Cfty may sell o~ df~pose of real propoFW by Wm'l*anW or
quft alarm deed, easement, ~*ant, pe~nft0 lfoense, deed of trust, mortgage
contrast of sale of real propeL, ty, plat dedf~atfon, lease, tax deed, will oF
any oth~ lawful method oF mode of c~nveyanee or ~'ant. An~ instrument
requiring execution by the City shall be signed by the cfw Manager and
attested by the Cfty Cl~k. The form of any instrument shall be approved
by the City Att~ney.
,Ssetten 3: Publie Sale -- Required When
Unless otherwise provided in this chapter, real pt*opoFty
no lon~e~ used oF useful for a publfo use oF purpose shall be sold to
hffhest responsible bfdde~ at a publfo sale. Publfe sale shall be by
mletfen oF ~ompetitive bid.
IIII '111 ....... E ........................................................ ~ ......... TIlT I Ill ........ Il [1[ [[ II m
Seetien 1: ,Public sale procedure
Ileal property of the City, ext~t ss provided otherwise
A, An estimated value of the property by s qualified
appx. aism. or the Borough Assessor shall be made.
B. The following procedure shall be followed:
except that re~iew and recommendation by the Planning Commissien fs
not required ff special efreumstan~.es0 as det~;~,ifned by the Council,
warrant° or tf ~uch a Planning ~ommisston reviler end reeommendatien
ha~ boon made wltlttn 61z months prior to submiseisn to th~, Council:
1. The pareels of land to be sold shaU be reviewed by
the Planning CommisMon whieh shall make reeommandatlons eonoerning
desirable uses of the property, including proJeetod need, if any, of the
land for present or future rooreattonal or other publie uae,
2. After review of the Planning Commisalon*s recommendations,
the City Marmge~ may, If in hfs opinion it fa In the best fnterem of the City
to do so, r~sommond to the ~ounofl that stroh p~eoeis of land be sold. Such
Fo~ommandatlon shall set out the estfm~ted velue of the pmpe~y as mede
b~ the Borouffh Assessor or s qualified spl~'aiser end the resommended
$. After reeefpt of thc reeommendatiens, the Cotmefl may,
by resolution, direct the sale of such lands, eueh resolutions
shall not bo passed until oppertunity for publie hearing has been afforded,
4. Notiee of sale and the manner frs whieh the land is to be
sam shall bo published tn a newspaper of general eireuletien within the
City or~e eaoh week for two snooessive weeks not less than thit, ty days
pz~u~ to the date of ea]e,
5. Notiee also shall be posted tn at least three publie phtees
within the City end Borough fox, et least thirty (30) days pt*for to the disposal.
$. Notiee m~y also be ~tven by other means considered reasonable
by the City Manager or Council.
?. The notiee must contain a brief description of the land o
its m*ea and general iseatien, text, minimum offer, limitations, ff any,
and time and pisee eat fat, the auction ox, bid opening if applicable.
lt. The procedure for sale shall be in the manner provided
by resolution of the Counetl.
ORDINANCE NO, 312-70 - Page Tlu, ee
9. In cases which no offers meet the minimum acceptable
offer as set by the Council, the City Manage~ may negotiate fa- the _~_.!e of
the land, but the Council must, by resolution, approve the te~n8 and price
of any such negotiated sale before such sale shall be binding upon the
Cl~.
Se~on 5. Pareels held for Public Use
In cases in which land proposed for sale has been acquired
o~ devoted or dedioeted to public use, the Fesoluticn of the City Council
directing sale shall contain a section stating the date of acquisfflon of
the property, if applicable, the purpose for ~vhieh the property was acquired
o~ the use to which ii was dedicated o~ devoted and the reasons why, in
the Judgment of the Cmmefl, the propei~y is no longer needed for public
~eetlon 6. Tax Poreelosu~e Parcels
Any real prope~y deeded to the ~ity tin, ough tax fm'eelosm'e
~!! be disposed of by one of the following procedures:
A. If the Counofl determfn~ that the prop. e~ is needed for
immediate publt~ use, the Council shall set the pFopefly aside fo~ public
use by resolution and shall dh, ee~ the admtnistralion to pay any applicable
Borough *__~sa due according to statute, o~
B. If the property is not needed fo~ fmmedfate public use,
the Council shall direct thai ii is sold in ancordanee with the procedure set out
in Se~on 4 hereof.
Seet~o., n ?.o l~ope~y Exchanges
The C~n~ my apple, by r~lu~n, ~ pub~ n~e
~ ~ op~m~ ~ publ~ h~ng, ~e ~nv~e ~ ~c~ge of a parcel
of Cfly pFop~ owned by ~th~ p~mn ~bJ~t
~y ~se ~ the ~ge, when~ ~ the Judgm~t of
ORDINANCE NO, 312-?$ - Page Four
S~mtto, ~. Grant or Devotfon to flovernme~n~ ~.g.~en~_~.
The Council0 by resolution, may gr~nt or devote real property
no longer needed fox' publfe purpose to the United States, the State of Alaska,
a local subdivision, or any agency of any of these governments, for a sonsider-
ation agreed upon between the City and Grantee without a public sale if the
grant or devotion fs advantageous to the City.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, tht~
Of October, 1976.
ATTF~T:
JAMES A. ELSON, MAYOR
Sue C.-Pe~er, City-Clerk
PIRST READING:
SECOND READING:
BFI~CTIVE DATE:
September 15, 1976
KBNAI ELKS LODGE #249-5
The following itemized list is for work performed on the Park area
adjacent to the l~Iks Lodge for the year 1972.
Remove berm pile from a~ea, which had been pushed up when
Const~!!~tion was moved to a location by the ~ell House.
Loader f~ Dump Truck - 21 hours ~t $60.00
hours at $25. O0
TOTAL FOR YEAR 1972
$1,535.00
eorge W. Robinson
IIII
ELKS LODGE #9.425
The following itemized list is for work performed on the Pa~k area
adjacent to the Elks Lodge for the yea~ 1974:
Rotottlling 50.00
Park Supplies 90.16
Rototlllbtg 50.00
Let,or Roots, etc. 15.00
Seeding Preparation (9. men-5 hrs. at $8.50) 85.00
Rope and Stakes 40.00
100 pounds of Seed 9.75.00
Blocks for BBQ Pits 17.00
Labor for Pits (10 hours at $10.50) 105.00
1,000# Fer~tlt~.er 143. O0
1,000# Lime 80.00
Caee & Watering' (43 days at $5.00) 215.00
993.16
George W. Robinson
TOTAL FOR YF, AR 1974
KE~AI ELKS LODGE #2425
The following itemized list is for work performed on the Park area
adJaeent to the Elks Lodge for the year 1975:
Re-seeded Lawn and Slopes
Maintenance on Lawn - '/-5-75
Maintenance on Lawn ~ ?-30-75
Maintenanoe on Lawn -
Mafntenanee on Lawn - 8-13-75
Maintemmee on Lswn - 8-15-75
Back stop Installed
$ lO0.O0
222.00
50.00
42.50
50.00
40.00
500.00
TOTAL FOE YEAR 1975
· $ 1,004.50
The follo~llng are items over $500.00 ~;hich need Council approval or
ratification:
To be approved for disbursement: '
6ro!!er E~uc.
Arcttc Asphalt
Kenworth Alaska
B&C
Sus-~ rna Supply
Dawson & Co.
Keflat Electric
Ltvta's Janitorial
Atrport Ltghting
Groh, BenkePt & tialt~
Barnes Group
Dunamt s Electric
Leo Oberts Znsurance
Homer Electric
Dept of Admtn
To be ratified
Doyles Fuel
Glacter state Tele.
Union 0t 1
Harathon 0tl
· Int. Assoc. Ch'f. Po1.
AHEFCU
Ftrst Federal S & L
N.B.A.
N.B.A.
Alaska State Bank
N.B.A.
Dept of ReVenue
KU$CO
I $~,4. O0
701.75
887.19
58 0. O0
2,399.10
? ,021.42
1 ,Z46, 92
1,65(~.00
2,255.93
509.35
675.77
666.60
15,653.40
3,678.30
28,116.72
P'Q' j
8335
8527
8427
8498
8385
8539
8179
8573
8478
8419
'~' 759.13
1,152.81
3,135.30
3,135.57
963.00
4,859. O0
!00,000.00
!50,000. O0
IO0,O00.O0
15,233. O0
9,034 · O0
979.25
8122
D_ESCRIPiiON
Basic book grant
Asphalt for. street r. epatr.
Repatr truck frame
Ctrcutt tester
Hi-Pressure washer* *
blorkman's Comp Xns.
t~arm storage bldg. elect..
September Janitorial svc
Ltghttng suppltes
Kenat vs Ftller- Jul~ sw
Htscellaneous shop part~
Airport 119hl~tng repatr
Package poltcy payment
September electricity
3rd Qtr 'FZCA
Stove otl
Sept telephone
August gas servtces
AugUst gas servtces
Crtmtnal ~lusttce Grant
Credtt unton withholding
Purchase TCD
#
#
#
September Federal l~tth~.:
State withholding
August uttlfty svc.
.d
CITY OF KENAI
ORDINANCE NO.-313-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
$~0; O00 TO T..t~, CAPI~'A~, PR ..O,.TI~CT~ Ft!ND I~MTITI,I~ #l(l~qA! CO1VIMUNITY LIBRARY"
AND INCREASING ESTIMATED REVENUES, ENTITLED 'KENAI COMMUNITY LIBRARY
GRANT*' IN THE AMOUNT OF $10,000 AND DONATIONS FROM THE FRIENDS OF THE
LIBRARY IN THE AMOUNT OF $10,000.
WI]EBEAS, the City of Kenai has previously received a ~rant from the State of Alaska
in the amount of $356,505 for the construction of a library; and
WHEREAS, $50,000 of this grant was allocated fox. furntshin~ end bids x.eceived for
these items exceeded this mount; and
WItEREAS, the State of Alaska has increased the original grant by $I0,000 provided
tho City of Kenai matches tht~6 amount; and
WHEREAS, donations in the mount of $10,000 from the Friends of the Librm? have
been deposited with the City of Kenai in a Special Revenue Fund; and
WHEREAS, proper aeeotmting practice requi~es that all appropriations of City monies
be made by ordinance.
NOV;, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, that
the Ci~ increase estimated ~evenues and appropriations as follows:
Capital Projects Fund:
lnox.ease Estimated Revenue:
Kenai Community Lfbrax.y State Grant
Donations - Fi'lends of t_h~_ LJb~at*y
$I0,000
$10,000
Increase Appropriations:
Kenai Community Lfbrar~ - FurntsMn~s
$20,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 20th day of October, 1976.
ATTEST*-
Sue C. Petex,, City Clerk
JAMES A. ELSON, MAYOR
FroST READING:
SECOND READING:
EFFECTIVE DATE:
,,, t
CITY OF KENAI
ORDINANCE NO. 314-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI CLARIFYING THE STATUS
OF SPECIAL DEFERRED ASSESSMENTS IN CERTAIN WATER AND SEWER IMPROVEMENT
DISTRICTS.
WHEREAS, Ordinance 234-73 o~eating Sewer Improvement District
Resolution ?4-4 crent~nf Water Improvement Distrfet 1~o. 8, Resolution No. ?4-5
o. reating Water Improvement District ?3-W1, Resolution No. ?4-6 creating Water
Imprq. vement Dist3*~t 73-W2, Resolution No. ?4-9 (n*eattn~ Water Improvement District
73-W$, Resolution 74-10 oreatinll Sewer Improvement District 73-S1 contain a provisfon
readh~ as follows:
So much of parcels of benefitted land with frontage in excess of 330 fi.
· on this dist~ct, held as an unsubdivided percel, my have payments
d~f_~_~ed on assessments until such parcel or parcels a~e subdivided.
WHEREAS, such provisions do not clearly delineate how and wh_m_~ such special
deferred payments are to be made, and
WHEREAS, it is the intent of the Council to establish a policw with re~ard to special
defex*nxl payments tn the above-named disWlets.
NOW, TI~REFORE, BE IT ORDAINED by the Council of the Cii~y of Kenai, Alaska
as follows:
Section I: Seetfon 5(E) of Resolutions 74-1, ?4-5, 74-6, 74-9 end 74-10
and Section 4(E) of Ordinance 234-73 are and each of them is ~_~'_ eby mended to
read in their entirety as follows:
B. Parcels of benefitted land in this district with fronts~e
in excess of 330 feet may have that portion of theh, assessment payments
att~outsble to-the excess of 330 feet deferred until such parcel is sold
oz~ subdivided. If any payments ere deferred, they shall be handled in the
a. The total special deferred assessment shall be set up in
instruments over the life of the'district in the same manner as assessments
which have not been deferred. Such schedule of installments is hereinafter
referred to as the 0i nstol!~ent schedule". The sum of the principal and
intex'est of each payment shall be hereinafter referred to as the
installment". The dates upon which payments are due in accordance with the
installment schedule ate hereinafter refem*ed to as the ~sehedule due dates".
b. No annual installment on special deferred assessments shall be
due untU the parcel is subdivided or title to the parcel is transferred. A
parcel shall be deemed subdivided when the subdivision plat is duly recorded
with the Kenai District Recorder in eeeordance with statute. The title to a
parcel shall be deemed to have been t~ansferred when the instalment evidencing
~-an.c, fcr ~f rifle is d'~1~' r~ord~d with the Kenai Districi Recorder in accord~
with statute.
c. Upon subdivision of a parcel, all annual installments whose
schedule due dates have pased, shall be due and payable with interest at the
rate of 8 percent on the principal portion of each snnuai installment from its
schedule due date to the date payment is made. If payment is not made within
90 days of the date of subdivision, a penalty of I0 peeeent sb-ll be added to
the amount due. Such penalty shall be based on the total of the mmual install-
merits only end not upon interest on the annual t~_~allments.
d. Upon transfer of title to a parcel, annual installments sb~l! be-
come due in the same manner as ff the parcel were subdivided and inteeest
and po~___~_lty sb_~l_ be computed in the same manner.
e. Annual Installments remaining after payment fs made in accordance
with subparagraphs c. or d. he~einsbove sb~ll_ be mede according to the
installment schedule in the same ~n~er as assessments which have not been
deferred.
.... f. in the event speeiel defe~ed assessments on a parcel have not
been paid in aeeordence with other applicable provisions of law by the last
schedule due date in the installment schedule, all annual installments in the
installment schedule shall immediately become due and payable with interest
at the ~ate of 8 percent on the prinieipal portion of each annual inst_~llment
from its schedule due date to the date of payment. If payment is not made
90 days of the last schedule due date, a penalty of IO percent on the total
Of ~ the fanmta! installments 8hflll be ~ldded to the mount due.
. ~. Parcels upon which speefal deferred assessments have become
due and payable shall be subject to fo~eelosuee in accordance with statute
in the same manner as parcels with assessments which have not been defereed,
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
October, 1976.
dayof
ATTEST:
MAYOR JAMES A. BI, SON
Sue C. Peter, City Clerk
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
CITY OF KENAI
ORDINANCE NO. 315-76
AN ORDINANCE OF TI~ COUNCIL OF THE CITY OF KENAI R£QUIRING THAT
ASSESSMENTS BE MADE CURRENT AT THE TIME OF TRANSFER OF TFI'LE
WHEREAS, the Council finds that it is essenthll to have assessments current at
the time of t~ansfer of title.
NOW, THERFORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska
as follows:
The Code of the City of Kenai is hereby mended to add new Sections
16-22 and 16-23 which shall read as follows:
payment of Assessements Upon Transfe~ ef Title
Section 16-22: All past due installments on any spec, ial assessments
levied on property in any improvement district wit_h~_n the City of Kenai
shall be paid in full with applicable interest and penalty prior to the t~me
any transfer of title to that property is duly recorded in aeco~lanee with
statute. The transferor of the proper~y shall be responsible fo~ ensm, in~ that
the provisions of this section are complied with.
Section 16-23: Any person who violates the provisions of Section 16-22
is guilty of a misdemeanor and punishable by a fine not to exceed $300.
The penalty provided for herein shall not ber reLmler foreclosure pFo-
eeedin~s provided for by statute.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thta
of October, 1976.
day
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Clerk
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
'O
CITY OP KEN~
RESOLUTION NO. ?$-52
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE
FOLLOWING TRANS~ OF MONIES BE MADE WITHIN THE 1976-?? GENERAL FUND
BUDGET.
TO:
Contingency $ (? °880)
Non-Departmental/Insurance
?,889
The purpose of this resolution is to transfer budgeted dollars for the purpose
of paying insurance premiums for the City of Kenai.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 6th day of
October, 1076.
ATTEST:
JAMES A. El, SON, MAYOR
Stle C. Pete., City CleFk
CITY OF KENAI
RESOLUTION NO. 76-54
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING THE
CITY ADI~IINISTRATION TO MAKE FINAL PAY~ENT TO P .R. & S. ,INC. FOR THE
FOREST DRIVE WATER LINE PROJECT SUBJECT TO FINAL ACCF-~TANCE BY THE
CITY.
WHEREAS, the Forest Drive Wster Line Project is substs~o!~y eomplste, and
WHN~tBAS, action by the Council is nccessary to make payment to the contmotor.
NOW, THBR~R~, BE IT RESOLVED by the Council of the Cfty of Kenat, Alaska,
that the City Adm~-_~_~'~rator is hereby authorized to make payment to P.R. & S., Inc.
in the amount of $98,333 to ccver the o~i~nal contraot amount for the FoFest D~lve
Water Line Project of $81,933 and Change Order No. I for $9,9.00 end Change Order
No. 9. for $?,200 provided that such payment shall not be made until the project is
~i..Uy accepted by the City Manager in accordance with the terms of the contract.
PASSED by the Council of the City of Kenai, Alaska, t_b~__~ 6th day of October, 1976.
ATT]~ST:
JA~ES A. ELSON, NAYOR
Sue C. Peter, City Clerk
RATIFICATION OF VOTE
CHANGE ORDER NO. I
A telephone poll of the Council was conducted on September 22, 1976,
with regard to Change Order #1 - I0' Water line (Forest Drive) Project.
The amount of this Change Orde~ was not to exceed $I0,000.
Councilman Whelan
Councilman Ambartan
Councilman Aekerly
Couno41man Sweet
Councilman l~iorgan
Mayor Elson
Out of State - Not available for Vote
Yes
Yes
Yes
Yes : '
CHANGE ORDER NO. 2
A telephone poll of the Council was conducted on September 24, 1976,
with regard to Change Order #2 (Forest Drive I0" Water v.~e Project)
fo~ an amount of $?,200.
Councilman Amba~tan
Councilman Whelan
Couneliman Morgan
Councilman Aekeriy
Councilman Sweet
Mayor Elson
Yes
Out of State - Not Av~_~!~ble for Vote
Yes
Yes
Yes
ATTEST:
SUe/C. Peter, City Clerk
CITY OF KENAI
CITY MANAGER*S REPORT #2
(1 October 1976)
Administration and Finance
Kenei Propert~ Ov~er*s Associstfon
Enclosed is a paper dtseussin~ the effcot of the three options relating to
settl~ the suit by the Property Owners Association against the City.
The Council should review this dis~useion fn an Executive Session as the
item 6~ould be considered confidential.
State Revenue Sharinl~
Out. application for State Revenue Sha~ has been submitted to enable us to
qualify for the early distribution of funds. One of our problems was tn
developing the number of road miles which we maintained. The data that
we have compared with the data that the State has simply is not In agreement.
To correct this, we will submit to the State a complete road listing with a
revised map to insure that beth thei~ office end our office have identical data
and hopefully we will even be able to add additional roads to ou~ entitlement.
Study
The consultants arrived In the City on Tuesday the 18th and discussed with
the Administration the outline of study and the facts concerning the City.
Tuesday evening we met with the Airport Advisory Committee and with a
rather frank discussion outlined many of the peculiax~lttes of the City and the
a~eas that ere of concern to the City within the study itself. The consultants
were gratified at the response and appreciated the Input that was presented
to them. We now expect to receive from the consultants a design report in
d~afl on or about the 18th of October which will be presented to the members
of the Airport Advisory Commission for their review. Depending upon comments
and need for revision, we may ask representatives of the firm to again visit the
City and discuss those particular, revisions and questions. It must be noted
that in their proposal to do the study they had not planned more than one
trip to the City and presumably there will be a request for additional funds
over and above the $7,000 In the event a second trip is made. However, I
would say if there are major problems or problems of any due significance,
at least a representative of the consul_tt~g group should be invited up to discuss
it with us.
f
CITY MANAGER*S REPORT #2 - Page Two
4. Senior Citizen Nutritional Proi~arn
We have developed a grant application for the Senior Citizen Nutritional
Prog?...n,. and a rcaoluiion for ~,h~ Council to a~opt applyh~g for that g~anL
We have explored the administration of the grant to include the site manager
and the personnel that actually prepare the food and conduct the program and we
have basic agreements so that we can affect the program in a economical and
effective basis.
5. Land Sale Ordinnnee
When the Land Sale Ordinance was introduced, I understand there were several
questions relative to the use of assessed values in analyzing and evaluating
individual pieces of property. We have used this to Live us an economical tool
and establish a basie value. If we required in the ordinance an appraisal,
there would be considerable amount of front money that the City would be requfl, ed
to put up. In the event a parcel warrants detailed appraisal, we should do so.
However, the utt!i~ng of the assessed value as a working or base figure does not
limit us to using that as the value of the property at the sale. These ere only
basle information so that the Council can be advised as to a value of the property.
I mn sure tlmt in eeetain situations we could very well recommend setting a sale
price considerably above the assessed value or perhaps below the assessed value --
depending upon the market conditions and the opportunity of sale.
6. ,The Elks Club Lease
The Elks Club has provided us with information as to theh, in-kind conlributh)n.
ReneWably, I feel that the infermation that they provided us is net'really
auditable to establish whether or not a value has really been accomplished
to the property affected. Further, an in-kind contribution regrettably in no way
meets the obligation of a cash contribution of a equity lease to the approp~-late
ah'pert fund. The Council, as its option, can, of course, make a contribution
to any legitimate public activity whether, it be in the amount of due lease payment
o~ simply a eontrtbuticn for the activities that the elub sponsors. In this
situation a cash payment should be made to the appropriate airport fund and the
choice whether the Counefl fund it or whether the Elks Club fund it directly is,
of Course, a prerogative decision of the Council.
7. Kensi Community L. tbrary
You will find on the agenda an ordinance to amend the Kenat Community Library
Grant. I believe that his ordinanee is self-explanatory as to the purpose and
intent of adding the donated funds as well as the State grant monies. I would
like to note also that the deficiency list has been reviewed with the contractor
and essentially most items have been amicably settled. One item which the
contractor has 'agreed to do is in essence tear out the front steps and rebuild
CITY MANAGER'S REPORT ~ 2 - Page Three
go
them in accordance with specifications. Additionally, the Llbrat~y Association
will have s dedication planned for tqovember, sither the 20th or the 21st, depending
upon out-of-town visitors availability. The date should be firmed up shortly
and you will be notified.
Ah~ort Ordinance
The Ah. port Ordinance is a series of smendments to clean up certain parts that
were in the original ordinance. We have circumstances that where the rules
are left dangling. Such as, we will impound an aircraft but the ordinance then
does not continue to provide a means of disposal of that aircraft or fees connected
with the Impoundment. We have added language which will make Impoundment
pemnisstve and establish fees and permit disposal. We have also corrected a few
other areas relative to helicopter operations to insure safe operation of h~_!!¢optors
particularly transient in the airport and also re-d~_,_~ Movement Area as requested
Assessment Ordinance
You will find two assessment o~ special assessment ordinances on the agenda,
Ordinance No. 314-76 end 315-76. Ordinance ~o. 314-76 is s ordinance we have
added for amendment to the General Assessment Ordinance to requh, e on transfer
of title that assessments be cra. rent. This ia designed to ~_n__,,u~e that a buyer,
whethe~ it.ha of a .house-or tract:of.land, is protected Es to delinquent-assessments.'
Ordinance No. 315-76 is to emend a difficult situation we have on special'deforFed
assessments which are provided in the multitude of special assessment district
resolutions and special assessment district ordinance. Rek, Tettably, in those
resolutions and ordinance there is no defined method of terminating the deferred
situation and haw do we get back on the payment schedule. The language we have
developed we believe will clarify for all parties concerned how we pick up after
a deferment ends.
10. Sale of Foreclosed and City-owned l~operty
We are cum'enfly reviewing foreclosed property and attempting to develop
data consistent with the above-mentioned Land Sale Ordinance which is before
the Council Wednesday night. We hope to be able to develop data wMeh will
meet the ordinance's requirements so that we can introduce a land sale in the
vm, y near future -- hopefully, at the next Council meeting.
CITY MANAGER'S REPORT #2 - Page Four
U,. inm,tt'nnce
We have on the agenda an resolution to transfer funds from contingency
to fnsurance fna certain Liven amount, Regrettably, this will not be the last
transfer to the insurance fund. We are not able, at this time, to aseex, tatn the
numbers requited to support the two umbrrella policies requited to protect
the City.
Bills for approval and ratifieeflon
There are two bflIs that I would like to draw your attention to -- one is the
Kenworth bill for repairing damage to the truck frame the cost of which is
considerable, however, the claim did not meet our deductible, theeefoee,
it is fully payable by the City. The second bill is to the IACP International
Association, Chiefs of Police. It was a dtsbtwsement requirod by the terms
of a Federal ~'ant which we had to make p~-ior to the end of the month to pre-
elude loss of funds.
Finnnetal Status Report
Enclosed is the Finnnelal Status Report fo~ the City as of August 31, 1976
in a summary form. The only areas I will comment on is the General Fund
revenues in receipts are 35% and it must be noted that the Berough's pre-payment
on taxes has given us that edge. Ott~ expenditures fneluding eneumbranecs
at, e eum, ently 10%, however, there are expenditures which are bulk whfeh would
bring us up to the normal anticipated Fate of approximately 17% as of this date.
I will have with me at the Council meeting the detailed break-out of revenue end
expenditures by Department and individual lines if any of the Council fs desirous
of reviewing it.
Department of Public Wo~'ks
.Fro'est D~lve
At this time, all of the 10' ducted water line has been fnstn_ ~_led. Ail of the
connections to the exfst~ main have been made except for one connection
at Elm and Cedar Streets. This final connection will be made the first of next
week. The line has been flushed, sterilized and pressure tested to 150 psi.
At the present time, the contractor is proceeding with back-ftlltvg compaction
of the trench. We are hopeful that the re-paving at Elm and Pine will be
accomplished by Wednesday at which time we can expect a request fer payment
on the water line. In the event the pavement is not in place end the Job not
properly complete, we will adjust the payment schedule to insure that we will
t*etntn funds for completion of project and perhaps retn~nnge n~ is normal
under most construction situations.
CITY MANAGER'S REPORT #3 - Page Five
2, Animal Shelter
At this time, the concrete slab and foundation have been poured, f~amfng has
Ju,~n ~m.p$~ed o_nd ~!d;..-&, L-.~'..~'¢d. Ch'y cr~ws ~r~ L~s'~lh~ i~e waier service
and once the water service is installed, we will finish const~uetfon, fnstalletion
of septic tank and crib. Shortly thereafter, HEA will be installing the under- '
~ound power cable.
Warm Storage Factlft~
Gas unit heaters fo~ the building have been installed and we are now in the
process of installing the wiring and the lights which hopefully will be completed
in the latter part of next week.
EDA Wate~ Well Project
As of today, eon~;~dcfion, stak~ and clearing staking has been completed
by the engineer in the vicinity of the new well house and along the right-of-way
of the pipeline. There have been a few explorator~y holes dug fo~ the det. e~mtnation
of the exact location of 12" water line leavin~ Well No. 1 and there has also been
some excavation for the exact location for water line c-ceasing the afrpm-t property
itself under the mmway. The cont~aetors hope to start cloar~ of the ~q~ht-of-way
for Well House No. 2 and the pipeline ri~ht-of-way around the lattsr part of this
comtn~ week.
Redoubt Tern'ace Subdivision
Cont~aeto~s working in the area are fn the pro,ess of inst~tllt,~ water and sewer.
mains to the bluff lots on the south portion of the Redoubt Terrace Subdivision o
At tM_~ time they have completed the ink-fiction of sewer mains, sewer man-
holes and sewe~ se~v~ees to the property line. They have tied into the City water
main and are in the pro,ess of extendtn~ the water main_ and servfeea to their lots.
They hope to have completed this project sometime this eomin~ week. One. the
ocnst~uetfon has been completed the City and thei~ engineers will make a final
inspection of all eonstm~efion and dete~ninattons will be made as to whether the
City will aec,pt the new construction as part of the City's system and, of coarse,
properly provide us with as-buflts of the system.
Kenai Boat Herber Road
Ou~ Boat Harbor Road did survive the high fides of this month. We are in the
process of putting on the final lift on the road at this time. Hopefully, this will
be completed before fl*eeze-up.
l
11[ ]
CITY MANAGER'S REPOI~T #2 - Page Six
?. S~e~. Lf6hts
We have reviewed the agreements with the State on the street Hght electrical
reimbursement and have made contset with the State as to the requirements for
reimbursement. We have been promised data from the State as to the effective
date of eligibility of reimbursement and what we have to do to q~ for such
reimbursement. Hopefully, we will get tht_~ in the next week or so and be able
to move the item and obtain some $7,000 to $9,000 reimbursement.
Mural on Terminal Building
Some work has been done in the past re~erci' to repatnting the exterto~ of the
Te~ninal. In that tt will need pa~_n_t, certainly by latest next year, some work
has been done by the Depat-bnent of Public Works in conJunetfon with the Art
lnstrueters at the High School as to perhaps p~nt murals to depict the Alaskan
scenes on the outside of the Terminal. We have discussed this with the Planning
Co~__m_5_~sion and they have no objection to the concept. However. I would have
liked to obtain Council agreement to the concept before we proceed any further with
the High School in defintng actual mural program which might be applied to the
outside of the Terminal.
Water/sewer Permit Ordinance
This ordinance which was tabled at the last meeting is still not yet Fe~dy for
Feeonsideraflon by the Council. Re~et~bly, some other activities have forced
us to defer action on it. IYe will have proposal for the Council at'the next Council
meettn~.
CITY OF KENAI
¥
MEMO~I~ TO:
Honorable Mayor & City Council
John g. Wise, City l~sna~e~
DATE:
September 27, 1976
KENAI PBOPERTY OWNERS ASSOCIATION
We have extracted the 1975 assessed values for all special assessment distrf, ets
that were in effect at the time the suit was ~ed. In all questionable eases, the
value-of the water or sewer-special assessments were added and the sum divided
by four (4) to arrive at the maximum special assessment permitted by Charter.
The followin~ data relates to those dollars of prinieipal that may be written off:
~"..,/. ,-~; o ,. ,.. ~, .
,,,' o OPTIONS / ' ~'.~
1. The Council may re-asseas only those properties of the named
property owners - ',. r' . ~-; ,,' _'",, , :?' $1~.549.58
2. The Council may re-assess all those properties of those ini_l~_~!!y
tneluded in the law suit (ineludin~ those above). Some
additional properties will be added as we determine change
of ownership - $27.477.24+
The Council may re-assess all properties in the several
assessment districts-
$84,429.06
4
~O~UM - P~ge Two
DISf~USSION
Option #I is mandatory, however, leaves all other affected property owners in
an unhappy state.
Option #2 permissive as to others listed in suit but denied by Court. However,
openin~ of the door for those not ~ented relief by Council could conceivably
create further en~uish and d~__,~zepute by current and potential investors and
speculators in this City.
Option ~3 permissive as per Option ~2. Ver7 expensive in dollars, prtntctpal
and interest -- expeoted and needed to service City debt. Helps reestablish
sound le~l basis of complalnee with Charter and equity for all.
Recommended in order of preference:
1. Option ~$
9.. Option gl
John E. Wise, City l~ana~e~
JBW: sp
K~-NAI PENINSULA BOROUGtl
AGENDA FOR PUBLIC [tP,~RING AND R~GULAR MEETING OP THE ASS~L¥
SEPTE~-IBER 21, 1976, 7:$0 P.M.
S~ARD, ALASKA
-AG~-NDAo
PUBLIC H£ARING TO CONSIDER PROPOSED PIP~ SERVICE AREA
ASSL~BLY
A. CALL TO ORDER AND ROLL CALL
Bison, Jo
B. PLEDGE OF ALLEGIA~CEAND/OR OPENING CERF~NY Fields
Fischer
C. SBATING OF NE~ASSI~L~.IEN Hayrick
Johnson
D. AGENDA APPROVAL Mika
Mullen
E. MINUTES: September 7, 1976 O'Connell
Oldow
F. ORDINANCE IIBARINGS (none) Branson
Cooper
G. II~RODUCTION OF ORDINANCES Corr
Davis
(a) Ord. 76-S6 "An Ordinance teA mend KPB $.04. Douglas
~Provide for an Increase In Em- Blson, Jim 10.67
ployee Vehicle Allowance"
Ord. 76-57 "An Ordinance Creating a Department
of Public Works"
Ord. 76oS8 "An Ordinance Establishing a Budget,
PrOviding'Funds for the Appropriation and Operation
of the Department of Public ~orks of Kenai Peninsula
Borough"
Ord. 76-59 "An Ordinance of Kenai Peninsula Borough
Alaska, AUthorizing the Issuance of $7,955,000
Principal A~ount of General Obligation Refunding
Bonds of the Borough for the Purpose of Providing
Part of the Funds Necessary to Refund the Kenai ,
Peninsula Borough General Obligation School Bonds,
1976; Providing for and Authorizing the Purchase of
Certain Oblisations ~lth the Proceeds of the Sale
of Such ReFunding Bonds and Certain Moneys in the
1976 General Obligation School Bond Redemption Fund
of the Borough Securing Such Bonds to be Refunding
and for the Use and Application of the Moneys to be
Derived from Such Investments; Providing for the
Payment of the Outstanding Bonds to be Refunded; .
Providing the Date, For~, Ter~, Interest Rates,
Maturities and Covenants of said Refunding Bends to
Bo Issued and for Unlimited Tax Levies to Pay the
Principal Thereof and Interest Thereon; and Providing
for the Sale Thereof to Seattle-Northwest Securities
Corporation of Seattle, gashington"
Presentation by'Mr. Sam Granberg, Seattle North*
west Becurities
10.66
9
9
10.(~7
9
11
9
7.5
9
10
9
9
9
Cb)
Cd)
PUBLIC PRESENTATIONS (with prior notice)
CONMITTRE P~PORTS
(a) School Board, Sept. 20, 1976
(b) Cook Inlet Air ResourcosMgmt. Dist.
(c] O£DP Committee, Sept. 15, 1976
AIIF~NDA FOR S~-PT~IBER 21, 1976
(d) Sales Tam Committee, September 21, 1976
J. MAYOR*S R~PORT
Ca] ~inan¢i~l Report [or
(b) Nemo 77-22, Sterling Special #aste Site
(c) Report on Tyonek Portable Teacherages (verbal)
Ko ~'ItOOL CON~I~iUCTION RI~PORT
(a] Construction Status Report, llemo
(b) Change Orders
L. OTi~R BIISINHSS
(a] Support of City of Kenai Res. 76-46 Requesting the
State Redesign and Reconstruct Intersection at Bridge
and ~li£onsky Beach Rd.
M. MAYOR ANDASSi~IBL¥: CO~NTS AND DISCUSSION
N. PUBLIC FP~SENTATIONS
O. INPOI~L~TIONAL MATIIRIALSAND REPORTS
(a) Ninutos;
1. School Board 8-16-76, Brie~ 9-6-76, Agenda 9-20-76
2. No. Kenai Fire Dept. 8-11-76
3.' No. Peninsula Recreation $.A. 8-10-76, 8-24-76
(b) ~iL Agenda for November League Neetins
O. INFOP~L~TIONAL tL~T£RIALSAND REPORTS
P. NI~T ~TING: Oct. 12, 1976, 7:$0 p.m., Soldotna, Alaska
000'69 - 0 - 000°69
L~'Z£ 01~7'8 L69'6;
~9'06£ O00'Z ~9'Z6E
08~'~ 0~6'~ 00~'6
SOS'~6 $ O00'O~Z$ ~0~'~9'~$
s~d~a~aH pun.4da'J, Ul
Sa~AdaS dOJ sa6deq3
sanuaAaa L~uamudaAO6dalu!
saaa ~ sl~uJ.4ad 'sasua~&l
saxe£
9Z6! 'X£ ~SIl~V
S3flN3A3a 01~13 'iV~13~39
N-OTICE
PLEASE DISREGARD PREVIOUS I~6E,
DOCUPIENT HAS BEEN REFII..f4ED ON
FOLLOWING FRAIIE.
CITY OF l~d~AI
GENERAL F~D REV~UES
AUGUST 31, 1976
Taxes
Licenses, Pemtts & Fees
Intergovernmental Revenues
Charges for Servtces
Fines & Forfeits
I~tscellaneous Revenue
Znterfund Recetpts
TOTAl, GENERAL FU~ID
Estimated
Revenue
$1,632,505
9,500
397,645
39,697
3,000
11,8~1
69,PPO
$2.163t2~8
, .Receipts
$72U,000
4,920
7,000
8,440
2,473
3,814
$746.647
Uncollected
Balance
$ 912,505
4,580
390,645
31,257
527
8,047
69~000
$1.416.561
CITY OF KENAI
GENERAL FUND
D£PARTI~ENTAL EXPENSE. S~Y
" August 31, 1976
Non-Departmental
Legislative
Legal
City Manager
Ftnance
Dept. of Revenue
Library
Ltbrary Development Grant
Council on Aging
Parks & Recreation
Communications
Po1 t ce
Pol~ ce Reserves
Ftre Department
Ftre Auxt 1 lary
Ftre School
Pub1 tc Works-Administration
Planntng Co~tsston
Street l~intenance
Building Inspection
C~ty Shop
Antmal Control
Contingency
Reserve for contribution to
General Fund Deftctt
TOTAL GENERAL FUND.
Revised
Expenditures
'$ 2,723
30,622 5,473
72,042 8,272
48,836 6,803
136,876 17,366
23,364 2,923
44,652 4,634
8,000 15
26,050 2,198
15,000 9,440
92,762 11,036
333,573 38,852
750 - 0 -
296,175 33,275
10,605 2,435
6,697 - 0 -
61,864 7,256
14,914 272
125,615 14,234
28,223 3,631
198,316 18,337
19,204 1,514
30,887 - 0 -
Encumbrances Balance
$ 987 $ --~
62 25,087
46 63,724
271 41,762
101 119,409
- 0- 20,441
2,494 37,424
903 7,082
- 0- 23,862
417 5,143
- 0- 81,726
582 294,139
- 0 - 750
415 261,485
- 0- 8,070
- 0- 6,697
379 64,219
50 14,592
112 111,269
- 0 - ' 24,692
12,572 167,407
62 17,638
- 0- 30,887
300,000 - 0 - - 0 - 300,000
$ 2,t163t2,08' , ~ 190t689
$ 19,443 $ 1,963.076
CITY OF KENA!
I~ATER A~D S~ER FUND
August 31, 1976
USER CHARGES
#ater & Se~er Btlled
Penalty & !nterest
Total User Charges
.OTHER REVENUES
Ltcenses &Permtts
Other Charges
Htscellaneous
Total Other Revenues
TOTAL
Estimated
Revenue
$ 262,957
1~800
Z64,757
60O
266.367
Reallzed
874
52,129
410
379
69
858
$ 62198~
Uncollected
Balance
926
190
2.1,2.370
Hater and Se.or Fund
llater & Se~er Servtces
Se~er Treatmnt Plant
Total gater & Se~er
CITY OF K~AI
I/ATER & SEd£R FUND
DEPARTMENTAL EXPOSE SUt4~?AR¥
AUGUST 31, 1976
Revtsed
~ Expenditures Encumbrances
150,091 $ 8,992 $ 1,422
115.255 __ _7.262 485
265,357 $16,25~ $ 1.g07
Balance
$13g,677
10'7.S19
CITY OF ~I
AIRPORT TERMINAL FU~D
August 31, 1976
Rents & Leased Btlled
Comtsstons
glscellaneous
TOTAL AIRPORT TE~iItPJ. REV~U£
Estimated
Revenue Realtzed Balance
17,280 4,907 12,373
- o - 98 ~
$118.173 $17.341 $100.832
CITY OF Y~.NAI
AIRPORT I~ & 0 FUND
August 3I, 1976
Rents & Leases Btlled
Landtng Fees
Gasollne Fees
Ntscellaneous
Total
~NTERFUND RECEIFTS
TOTAL AZRPORTH & 0 FLIXDREVENU£
Esttmted
Revenue
18,000
10,000
-0-
67,504
$ n2.2,09
Rea 1 t zed
3,431
846
8
-0-
$ 24.887
Balance
14,669
9,154
(8)
i9,818
67,504
oo
CITY OF ~ENAI
AIRPORT LAND FUND
August 31, 1976
Rents & Leases Btlled
N~scellaneous
TOTAL AIRPORT LAND FU~D REVENUE
Estimated
Revenue ~Real t zed
$ 44,589 $ 55,3~4
- 0 - 35
$ 44.589 $ 55.39,9
Ba'lance
$~
",' '::':.:::%-',I
CITY OF ~ENA!
AIRPORT FUNDS
D£PARTlq~NTAL EXPENSE SUlqlqARY
AUGUST 31, 1976
Atrport Temtnal Fund
Atrport Termtnal ~nager
Total Atrport TerMnal
AJrport Iq & 0
Atrport Land
TOTAL AIRPORT FUNDS
Revtsed
Budget
$ 97,438
20,735
$I18,173
112,209
77,458
$307.840
Expenditures
3,332
- 0 -
3,332
2,074
133
$ 5.539,
Encumbrances
$ 175
- 0 -
$ 175
3,579
2,744
~ 61498
Balance
$93,931
20,735
$114,666
106,555
74,581
,$295.803
CITY OF KENAI
DEBT SERVICE FUND
AUGUST 31, 1976
REVENUES
Sales Tax
Znterfund Recetpts
Contribution from Fund Balance
TOTAL REVENUE
Revtsed
Budget
$300,000
234,67],
13t964
Real f zed
- 0 -
Uncol 1 ected
Balance
$300,000'- --
234.571
13,9.64
EXPENDITURES
Principal
Interest
Fees
TOTAL DEBT SERVICE
Revtsed
· Budge.t.
$264,535
281,700
2.300
:~548t636
Reallzed
$149,534
135,392
615
$285.441
Uncollected
Balance
$116,081
146,308
1~785
r~
CITY OF KBNAI
ORDINANCE NO. $15-76
AN ORDINANCE OF THE COUNCIL OF THI~ CITY OF KENAI, ALASKA, APPROPRIATING
$20,000 TO T .H~.. CA_PT?AT, PROJI~CTS FUND I~NTITL .lID ff.~..A! CO..~[P~U--.v!q.-~I? ~.~Yff
AND INCREASING ESTIMATED REVENUES, ENTITLED PKENAI COI~IIJNITY LIBRARY
GRANTff IN TH~ A1VIOUNT OF ~10,O00 AND DONATIONS FROM TIlE FRIENDS OF THE
LIBRARY IN THE AMOUNT OF $10,000.
WHEREAS, the City of Kenat has previously received a grant from the State of Alaska
in the amount of $356,505 for the con~ction of a library; and
WHEREAS, $50,000 of this ~ant was allocated for furntahing and bids received for
these items exceeded t_h!s amount; and
WHI~RF.~qS, the State of Alaska has increased the original grant by ~10,000 provided
the City of Kenai matches this amount; and .... /~/~ L~ ~O~ ~/~_
WHEREAS, o~~ ~n the amount of ~10,000 from the Frfend~ of the ~ .L~r_ ax-y hav~
been deposited with the City of Kenat in a Special Revenue Fund; and
WHERF, AS, proper aecoun~Z practice requires that all appropriations of City monies
be made by ordinance.
NOW, THI~REI~ORE, be It o~dained by the Council of the City of Kenat, Alaska, that
the City increase estimated revenues and appropriations as followx
Capital Projects Fund:
Increase Estimated Revenue:
Kenai Community Ltb~m~r State Grant
Donations - Friends of the Library
~10,000
$10,000
IJle~ease Appropriations:
Kenai Community Libra~ -
$20,000
PASSED BY THE COUNCIL Ol~ THE CITY OF KENAI, t_htp 20th day of October, 1976.
ATTEST:
JAMES A. ELSON, NAYOR
Sue C. Peter, Cfly Clerk
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
POLICE DEP/~T:.ENT
M~'~THtY RFPC~T
5elYcest~= 1976
75
Ja~/Au~
TRAFFIC
CONTACTS
359 150 2,047 1,301
ACCl DENTS 11 11 7.0. . 72
I NJURI ES 6 8 19 25
FATAL I T! ES 1
EC~Of41C :
D~4AGE 9,850 4,095 64,141 '69,295
OFFi CEi:~
OVERT I ,'4 =.. 97 1,133.5 1,411
SERVZC~ 187 250 1,414 1,729
d
~ULT WITH
UANGI~OUS ~'~AP(~ 2 3 1
2 12 12
ZARID~,"Y 6 2 40
~~~~ i 2.~. ~. 2
~~ ~/ I 3
3 8 8
, D~ ~ ~~ ,. ,2 ~ 14
~ 6 9 ..... 45 ~0
~~ &
~I~ 2 9
'~ ~ & J~~ i 3
~T & ~ 3 1~ 20
~ ~mO,, e~. 8 6 92 69
~ 31 24 ~5 ~8
,, ........ I i ,
..I I ' ': ' "111111 ' ' :~'i
Box 850 Phone 262-4441
$OLDOTNA, ALASKA 99669
September 24, 1976 DON
3ohm ~ise
City Manager
City of Kenai
P. O. Box 580
Kenai, Alaska 99611
Dear John:
This is follow up to my letter o{ September lSth concerning . ~_._
a proposed meeting for community representatives with Community
and Regional Affairs representatives on the subject of EDA -
Title II planning grant funds.
Such meeting is now confirmed to be held here at the Borough
Building at~ p.m~, on Tuesday, October Sth.
Community and Regional Affairs is recipient of a $300-thousand
~rant under Title IX of the Bconomic Development Act for OCS
xmpact planning purposes with $216-thousand to be used for
local projects. Community and Regional Affairs has indicated "
it is now preparing for a series of planning contracts in
cooperation with interested local governments to further de- ,,
fine and propose solutions to their ~pact problems.
Paul Carr and Jim Anderegg are administering the Title IX
rogram for Community and Regional Affairs and will be here "
or the meeting.
Your participation plus that of your Mayor and/or members
of your City Council is encouraged.
Bconomic Development Office
Planning Department I
FMcI:rh ~[ .
KENAI PLANNING & ZONII~G COMMISSION
REGULAR MEETING AUGUST 25, 1976
CITY MANAGIiR'S OFFICE 7:00 P.M.
BETTY GLICK, CHAIRAIAN
1. ROLL CALL
e
Present,* Mike Hm'n..rlck, P,,~land ~ayi~(~ntl, Ran Alaiston and Betiy Gltck
Absent: NEck Mille, and Cliff Heus
Ex-Officio Member Present: Ed Amba~ian
Others Present: Howard Hackney, Mt,. Eidem and Mrs. Horton.
AGENDA APPROVAL
Mrs. Ho~ton advised that there would be an addition to the agenda. Mr.
Bidem had requested a lot size variance in Kaknu Korne,s subdivision. He
wt_~h~s to place two t~afle,s on each of two lots in this subdivision.
MOTION: M~. Hanu-iek moved, seconded by M~.'Raymond, fa' approval of
the agenda of the August 25, 1976 meeting with the following addition:
Under New Business, that ~Request faf lot size variance, Kaknu Korners
Subdivision: Mr. Eidem' be added as item A.
Motion passed unanimously. ·
APPROVAL OF MINUTES OF AUGUST 11, 1976
MOTION: ~. Malston moved, seconded by Mr. Hamrick, for approval of
the minutes of August I1, 1976 with the'following additions and corrections:
1. On Page 1, Item No. 3, pa~a~aph 3, the word ~to' should be inserted
between ~px*for~ and ~approval~.
2. On Page 2, Item No. 6-A, a period should be placed afte~ the word
fnforrnation.
$. On Pa~a $, a period should be placed after no. 9. of Item C.
Motion passed unanimously.
OLD BUSINBSS
A. This item was deleted at the request of the Comm_ission.
NEW BUSII~SS
Request for Lot Size Va'lance, Keknu Korne's Subdivision:
BMem
Mr. Je~ell
Mrs. Ho~ton advised the Commission that there was some question as to
whethe~ this pFope'ty was zoned rural Fesldentizl or suburban residential.
AeeoFdtn~ to the zoning ordinance, any ~ural residential pFope'ty which
is se'red by community watm' and sewe~ is automatically Fezoned to
. IG~NAI PLANNING & ZONING COMMISSION
RIKIULAR MEETING AUGUST 25, 1976
PAGE 2
suburban residential. There was some question as to what automatically
fmpltes. The Borough could not be contacted to make a determination.
Therefore, f~r th~ purpose of [Iris con~iderallon, the pi;operty cuuld be
considered as suburban residential ans Mr. Eidem would need a variance
in either case.
Mr. Howard ltaekney of the Cfty Administration advised the Commfssion
that Mr. Eidem had applied for water and sewer permits in 1974 and
was granted a permit for each of his two lots, lots 6 and 7, block 1,
Kaknu Korners subdivision. He now wishes to place two mobile homes
on each lot. The lots are approximately 9,350 square feet. In this zone,
?, 200 square feet is the minimum lot size for each struch~e. Therefore,
Mr. gidem would have to have 14,400 square feet in each lot in oeder to
place two residencea on each lit.
Councilman Ambarian asked Mr. Eidem if he had considered applying for
a trailer court license. Mr. Eidem stated that he had considered this but
was not stwe of the proeedtwe.
Mr. V-idem stated that he requested this variance due to the shortage of
housin~ fn the area and could not understand why the ordinance required
such large lits when there is a housing shortage in the area.
The Commission explained to Mr. Eidem that the purpose of zonin~ is to
allow for varied density of residences and in this pa~tcular zone, medium
density is allowed. This is the reason for the ?, 9.00 square feet lot size
requirement.
Chairman Gllik asked for the City Admtntstratlints reeomm_endatlins. Mrs.
Ho~ton requested that the Con~m_t__~slin consider ff all three requirements have
been met in issuing a variance. The Co~__misslin referred to this portion of
the o~dimmee.
Chairman Gliek asked the wishes of the Commission.
MOTION: Mr. Hamriek moved, seconded by Mr. Raymond, that the Commisslin
recommend that the lot size variance requested by Mr. Jerell Eidem for lots
6 & ?, Bliek 1, of Kaknu Ko,nets Subdivision be granted.
Motion failed unanimously by roll call vote.
Mr. Ridem asked Cb__~!_mnan Gliek the reason for the denial. Chairman Oliek
stated that the Commission could not issue a variance in this ease because there
were not exceptional eh'eumstsneesor conditions applicable to this property
which did not apply generally to the other properties in the same land use
distidet.
M~. Uidem was thanked for hi§ time and excused by the Corflr~tsslin.
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING AUGUST 25, 1975 PAGE 3
REVISION OF ZONING ORDINANC]~ ?4-70: WORK SESSION
This item was deleted from this agenda and a work session was scheduled
for September 1, 1976 ~t 6: 0O p.rn. at the City .~-~-.-l~o!"_~ office.
OTHi~R BUSINESS
A. City Council Report: Ed Ambarian
Councilman Ambarian stated that the Council had selected a new City Manage~
f~om New Jersey, Mr. John Wise. Mr. l~ise would be reporting for duty the
first week in September. Councilman Ambarian stated that he felt t_h~_ t Mr.
Wise would be a very competent City Manager.
Chairman Gltek asked if the Kenai Native's Association application for lease
had appeered before the City Council. Councilman Ambarian stated that it
had not.
B. Borough Pla~nlng & Zoning Commission Repor~ Betty GHek
Chairman Glick stated that the Borough had not held a meeting since
the Kenai Planning Commission's last meeting.
C. Harbor Co_m__m!_~sion Report: Betty Glick
Chair, man Gltck had no report.
D. A~m!~!_~t~stive Report: Elena Horton
M~s. Horton advised the Commission that Jim Perham with the Federal
Aviation Administration had been down earlier in the week to discuss
the planning g~ant for the Ai~pert. The City Administration is to
advise the engineering firm to proceed with the study design and regroup
the Advisory Comm!~_~_ so that they can meet with the ft~m for theft input.
Mrs. Hot, on ftu. ther advised the Commissfon that in reference to Kenal
Baptist Temple, the public hearing would be held September 8, 1976, ?: 00 p.m.
at the City Manager*s office. The notices had been sent out and Kenat Baptist
Temple had been notified. In reference to Mrs. Herton's letter to Kenai
Baptist Temple ordering them to cease operation in this building until such
time as they a~e issued a conditto~_! use permit, they have refused to do so.
The City Administration has set a fine of $5.00 per day for each and every
day t_b~_t they operate Without a pe~ntt.
NOTION: Mr. Malston moved, seconded by Mr. Hemrick, that the
Commission reeonunend to the City Admintstrati~,n that the maximum fine for
zoning violation be issued ag .at.nst Kenai Bapfls~ Temple.
' KENAI PLANNING & ZONING CO1V~tlSSION
REGULAR MEETING AUGUST 25, 1976
PAGE 4
Mx'. Raymond stated that he felt that since Kenat Baptist Temple has refused to
comply with the rules and retaliations of the zoning ordinance, they should
be fined the maximum amount. Mr. Raymond further stated t~_~l~t he felt that
a token fine would be out of place tn this instance.
After further diseussfon, tlm motion passed up_~nfmously by roll ~ vote.
The Commissfon advised Mrs. Hox*ton that ff the Cfty Administration did not
favor their recommendation, that they would like to meet with the City
Manager to furthe~ outline their reasons for wishing to place the maximum
penalty in *J,~ ease.
ADJOURNMENT
l~Ir. Mslston moved, seconded by Mr. Hamx*lek, for adjournment of the
August 25, 1976 meeting.
Motion passed unanimously.
The meeting adjourned at I0:00 p.m.
· F~NAI PLANNING & ZONING COMMISSION
REGULAR ~ETING SEPTEMBER 8, 1976
KENA! PUBLIC SAFETY BUILDING 7:00 P.M.
BETTY GLICK, C~AIRMAN
Present: Ron Malston, ~oland Raymond, Nick Miller, Cliff Heus,
Fl~k~ Hamrick and Betty Glick
Absent: None
Ex-Officio Member Present: Ed Ambarian
2. PUBLIC BEARINGS
A. Request for Conditional Use Permit in a ~eneral Commercial
Zone: Kenai Bapti's't Temple
Chairman Glick asked Mr. Robert Larrabee, Pastor of the Kenai
Baptist Temple, to give ~he Commission information on ~he
ptt~pose of ~he conditional use permit.
Hr. Larrabee stated that Wings Christian Academy had been
holding school for two years in the Automotive Parts and
~quipment Company building. They now needed a larger facility and
so had purchased the old N.C. building.
Chairman Glick asked Mr. Larrabee to give the Commission further
information on the operation of his church and school.
Hr. Larrabee stated that the Kenai Baptist Temple wantad their
use of this building to be good for the community and stated
that he had a number of petitions voicing favor of the conditional
use permit to allow Kenai Baptist Temple and Wings Christian
Academy to operate in a general commercial zone. It is not the
intent of the church to rezone the property in question - they
only wish to use the property. Hr. Larrabee stated that the
school had 23 students last year, with an enrollment of 40
students this school year. The growth rate of the school would
depend largely upon the development of the lot. The fire
department had told them that the present facility could hold
80 students. In the past, their growth rate has been slow and
steady. The fire department had been contacted prior to
purchase of the building and had informed them that there would
be no problem in making the necessary adjustments to enable the
building to meet the local fire codes.
Chairman Glick asked if there were plans to fence in the
playground area. Mr. Larrabee stated that there were no plans
att his time, but they would bewilling to fence the area if
the Commission felt this was necessary.
Chairman Gltck read information relating to uses permitted
in the general commercial zone and stated that conditional
use permits could be issued if the intended use was similar
to principal uses permitted in the zone ~and if it did not
violate the intent o~ *hu zo-~. Ch. airma.. G14¢k then read
the intent of the general commercial zone from the Zoning
Ordinance, #74-?0, and the minutes of the June 9, 1976
meeting of the Planning and Zoning Commission, at which time
Kenai Baptist Temple had requested the conditional use
permit.
Chairman Glick opened the meeting for public input after
reading the rilles governing input from the public.
Miles Dean of Kaknu Korners Subd. in Kenai, asked the
definition of professional offices as outlined in the zoning
ordinance. Chairman Glick stated that, in her opinion, this
would refer to attorneys, doctors, etc.
The question was directed to Hr. Ambarian. Mr. Ambarian stated
that his opinion was the same as Chairman Glick's in this
regard. Mr. Dean stated that he would like the definition of
this word supplied 'in a letter to Kenai Baptist Temple.
Mr. Dean spoke in favor of granting the conditional use permit
because the church and school would be a great asset to the
co~muni ty.
Lynn McCollum of McCollum Rd. in Kenai, spoke in favor of
granting the conditional use permit because a good school
is needed in the community - his son attends this school.
Chester Cone of Kenai spoke in favor of issuing the conditional
use permit because he did not feel the issuance would be
detrimental to the surrounding property owners and the church
and school would be an asset to the community.
Jim Bookey of Overland St. in Kenai, stated that he owned much
of the surrounding property in this case and is in the process
of buying additional property in the area. The area was
established to provide a location for businesses. He operates
a restaurant in this zone and has plans to build amore1 with
a bar on the property adjacent to the proposed Kenai Baptist
Temple site. Mr. Bookey spoke in opposition to issuance of
the conditional use permit because a church and school next
to his property would effect financing of his proposed construc-
tion of a motel and bar, (which is well within the intent of
the zone), issuance of the permit would delete four acres of
prime commercial property from the area and he felt the intent
of the general commercial zone should not be violated.
CalvinOuandt of Bush Lanes Subd., Kenai, questioned the
valid£ty of the zoning ordinance and then stated that he felt the
ordinance should'be strictly upheld. '..
Neil Thane of Birch Dr. in Kenai spoke in favor of issuance
of the peL~it because he felt the school is an asset to the
aommunity. They were not asking for a permanent zoning change.
They were only asking for use of the property temporarily.
~"~] (%~m 2-A~ continued)
~ :- tj ~len Bope of Bush L~e S~. in genai s~ thag they ~ere ~
~ [ previously ope~atin~ app~oxi~ly 2 bl~ks f~om the l~atton ~
~. :, [ in ~estion ~d had no p~oblem with zoning ~e~ulagtons at ~
[~. [ t~t location. ~e~efore, t~y ~d no idea that the~e ~ould
~ a ~nl~ p~ob~em a~ t~e location in question.
Mr. Nalston stated that the previous property had been zoned
urban residential and the property in question was zoned
general
Mr. O"Loughlin who owns property adjacent to the old N.C.
building in genai, stated that he was not opposed to the
church and school but was opposed to their operating in a
general commercial zone because the property would be taken
off of the tax rolls and the City had very little commercial
property.
Mr. Larrabee stated that he had been told that Kenai Baptist
Temple would have to apply to the Commission for a conditional
use permit to operate their church and school in a general
commercial zone. Between that time and the June 9, 1976
~eeting, they purchased the property. At the June 9th ~eting
they were told that a conditional use permit would be
required and a public hearing would have to be scheduled when
he returned from a trip out of the state. They then received
a letter ordering them to cease operation of a church and
.school in .th~ zone until such time aa a conditional use permit
was issued. Mr. Larrabee stated that it was not feasible for
them to close the school so near the beginning of the school
year so they felt they could not cease operation.
Chairman Glick stated that the date for the public hearing
was set at the June 9, 1976 meeting for August 11, 1976 at the
request of Mr. Larrabee.
Stan Wells of 4th and Birch in Kenai asked for what period of
time the permit would be issued.
Mr. Larrabee stated that they were helping the community by
taking children out of the public school system. They would
he satisfied witha two year permit, as this would enable them
to find ~lother location. A one year permit would even be
acceptable as this would allow them to operate this school year
while looking for another location. ~r. Larrabee asked what
procedure was required to rezone the property. Chairman Glick
advised him t hat he would have to file for rezon£ng of the
property through the Borough and a public hearing would be held.
Mr. Larrabee stated that this was Just a matter of question.
Mr. Wells stated that he wished to encourage the Comm~esion
to grant the conditional use permit.
ZONING co~roN
REGULAR MEETING SEPTEMBER 8, 1976
Page 4
(Item 2-A, continued)
Mr. Hamrick asked Mr. Larrabee if he was aware that when he applied
for tax exemption the whole of the four acres and building will not
be tax exempt. Mr. Hamrick stated that it was his understanding that
property in the Kenai Peninsula Borough was prorated, based on the
number of students, etc. Mr. Larrabee stated that he was not
-..~..~ v~ ~oL ~aA=~ ~ould ha~ to b~ pai~. He nas
not checked on whether or not the church and school would be
tax exempt. They are not off of the tax rolls at this time.
Lin~sey Williams of Kasilof stated that he has been a pastor in
several areas and had noted that churches and schools in downtown
areas were permitted in large cities. A church is compatible with
businesses. Mr. Williams requested a show of hands as to who was
in favor of granting the conditional use permit.
Mr. Bookey objected to testimony outside of the City Limits of Kenai.
Chairman Glick stated that she appreciated Mr. Williams interest, but
th~s matter pertained to the City of Kenai and she felt that
testimony should be restricted to residents of Kenai, as they are
the people who will be affected.
Tom Harvey, who owns property near the school and church in question
stated that the church should be the center of the community and that
in most cities they are allowed in the downtown area. He was in
favor of issuance of the permit because he did not feel that it would
have an adverse affect on surrounding businesses.
Stanley Dean of Kaknu Korners Subd. in Kenai spoke in favor of issuance
of the permit and asked for a show of hands of those persons present
opposed to the issuance of the permit. A church and school are more
needed than many other businesses wb/ch m~ght go into this area. Mr.
Dean asked why the C~tywas involved in this matter since the Borough
~d ~he zoning. Chairman Glick stated that a show of hands was not
in order, s~nce the purpose of this meeting was to obtain verbal testimony.
The Borough delegated certain functions to the Kenai Plauning and Zoning
Co~_..~ssion, one of which was to grant conditional use permits within the
City of Kena£. The Kenai Commission cannot change zoning, but can make
recommendations to the Borough in zoning changes within the City of Kenai.
Mavis Cone of Barabara Drive in Kenai stated that education cost the
taxpayers a large sum of money each year. She spoke in favor of
issuance of the permit because the school was an excellent one needed
by the co~munity.
Vincent Spady who is presently living with Mr. Larrabee spoke in favor
of issuance of the petit. He has been a teacher for five years and
the education given at this school is excellent, making for a better
commu~it~ in the future.
Neil Fayne, presently living in Kenai, stated that he was fa~/liar
with patterns of church growth. The problem was finding a building
that can be used for another purpose when the church outgrows the
location and this building would serve this purpose. Mr. Bookey will
not begin construction for two years and Kenai Baptist Temple would
outgrow this location in that amount of time.
.KENAI PLANNING& ZONING CO~dIS$ION
REGULAR ~EETING SEPTF-~,ER 8, 1976 Page 5
(Item l-A, continued)
of ~e ~t because he could see no detr~ntal effect to ~e
aaJaoent pro~rty ~f a school ~d church were placed ~n this zone.
~. Blev~ns felt that ~e ch~ch a~ sch~l would benefit ~. ~key~s
res~t b~ess.
Mr. Bookey stated that it had been stated that he would not begin
construction for two years. He stated that he would begin in the
Spring if he obtained approval from the building officials. Financing
has already been arranged. Placement of a church and school ~ext to
the property could adversely affect his financial arrangements.
Miles Dean asked who made the final decision in th~smtter. Chairman
Gliok stated that the Kenai Pla~ing and Zoning Comm~ssion made the
decision. Their decision could be appealed to the Borough Commission.
Marlene Dean spoke ~n favor of issuance of the permit because the church
and school would be an asset to the community.
Sandra Whittington spoke in favor of issuance of the permit because the
education would be beneficial to the children of the community.
Pat MoCollum spoke in favor of issuance of the permit.
Sherr~e Sadathet spoke in favor of issuance of the permit.
Linda Fain spoke in favor of issuance of the permit because the school
would save the taxpayers money.
Mr. Quandt asked if the main objection to the church and school in this
zone was the matter of taxes. Chairman Glick stated that this was
something which must be considered in unison witheffect on adjacent
property ownersand on the community, along with all other aspect= of
the matter.
ElizabethHa~ar ~poke in opposition of issuance of the permit. When
she was asked to sign the petition for Kenai Baptist Temple, she was
told by the individuals circulating the petition that its purpose was
to keep the church and schcol from being to~n down. She felt that
~enai Baptist Temple had misrepresented the intent of the conditional
use pern~t in obtaining signatures for the petitions.
Mrs. Wells stated that she had contacted the City Attorney regarding
the petitions and the City Attorney had told her that they were not
legal petitions, but could be submitted to show the feelings of the
commun~tymembers signing the petitions.
Chairman Glick asked if all signatures secured on the petitions were from
residents of the City. Mr. Larrabee stated that there were very few, if
any, which were not residents within the City liners.
Mrs. Cone asked why the petitions would not be considered. Chairman
Glick stated that the petitions would be considered, along with all
other information regarding the matter.
~F~AI PLANNING & ZONING COMMISSION
'REGULAR MEETING SEPTE~4BER 8, 1976
(Item 2-A, continued)
I II ...... I I' IIII
Page 6
Mr. Bope stated that if the Commission granted a one.~r two year
permit, this would not interfere with Mr. Bookey's plans for a
bar and motel since the permit would expire before he began
construction, as Mr. Bookey had stated that it would be a year
o~ ~o before construction
Mr. Bookey stated that he would begin construction sooner if
financing could be secured.
Mr. O'Loughlin asked Mr. Larrabee if he would be closing the
access road which is presently used which is on his property.
Mr. Larrabee stated that they did not wish to cause any
problems, but that if they were requiredto fence the lot
the~may have to close the access road.
~tles Dean asked if the Commission felt the fine now levied
against Kenai Baptist Temple for zoning*violation was just
and asked if the fine was being levied on a day to day basis.
Chairman Glick stated that the fine was being levied on a
day to day basis and that the Court would determine whether or
not the fine was just.
Chairman Glick advised Mr. Larrabee to leave his petitions
w~th the Commission and that they would be reviewed. Mr.
Larrabee stated that they did not wish to change the zoning
of the property. Mr. LarKabee also submitted letters which
were sent to the property owners within 300 feet of the
old N.C. building from Kenai Baptist Temple for the Comm~ssionts
review.
At this time, 9~00 p.m., the Commission recessed az,~ reconvened
at 9s15 p.m.
ChairmanGlick read letters received from adjacent property
owners in response to the notices sent by the City adm~nistra-
riCh.
Chairman Glick closed the meeting to.the public and asked the
wishes of the Commission.
Mr. Hamrick stated that he would like to have time to review
the material submitted at this meeting before making a
deter~tnation in this matter.
MOTION
~r. H~urickmoved, seconded byMr. Miller, that the Comm~ssion
schedule a specialmeetinq at a later'day to n~ke a determinat£on
in the matter of issuance of a conditional use permit to
Kena£ Baptist Temple.
Motion passed unanimously by roll call vote.
A special meeting was scheduled for ?~00 p.m., Thursday, September
~NAI PLANNING & ZONING COMMISSION
~EGULAR MEETING SEPTEMBER 8, 1976.
(Item 2-A, continued)
Page 7
9, 1976, at which time the Comm~ssion would render a decision
in this matter.
B. Request for Section Line Vacation: Leo Oberts
~hairman Glick opened the meeting for public input. There
being none, the meeting was brought to the Commission
table.
~OTION=
Mc. Malstonmoved, seconded byMc. Heus, that the Comm~ssion
recommend to the Borough Planning and Zoning Comm~ssion
approval of the vacation of the 66 foot 'section line easement
co__m~o__n to Sections 7 and 8, TSN, R10W, S.m., lying southwest
of the Kenai Spur Highway and located within Tracts D and E
of the Oberts Subdivision. ,'
Mot/on passed unanimously by roll call vote.
3. A~ENDAAPPROVAL
I~OTION~ Mc. Heus moved, seconded by Mr. Malston, for approval
of the agenda of the September 8, 1976 meeting.
Mot/on.passedunanimously.-.. -
4. APPROVAL OFMINUTES OF AUGUST 25, 1976
MC. Hamrick moved, seconded by MC. Miller, for approval of
the August 25, 1976 minutes with the following corrections
Page 3, Item D, first paragraph the word "firm' is mispelled.
Motion passed unanimously.
OLD BUSINESS
NOTIONs
Mr. Malstonmoved, seconded by Mr. Miller, that the Commission
· recommend that the City Adm/nistration research the conditional
use permit granted to Peninsula ~ob!!e Home Sales regarding
a t~me l~n~t on the period of time they would be allowed to
operate their business out of a trailer.
Notion passed unanimously.
KENAI PLANI~ING AND ZONING COMMISSION
· RE~0LAR 14~ETING SEPTEMBER 8, 1976
6. NEW BUSINESS
A. Kenai ~ninsula Estates= Preliminary Plat
Page 8.
NOTION:
~m. ~-~ick ~ved, seconded by~m. F~iston, ~at th~Co.~--uisslon
recommend to the Borough Planning & Zoning Commission approval
of the preliminary plat of Kenai Peninsula Estates Subdivision,
with the following recommendations:
1. The street names be shown.
2. The utility easements be shown.
3. The radius of cul-de-sac be shown.
4. That a letter from the utilities be provided showing it is
able to serve the area.
5. That the proposed land use be on record.
Mr. Sam Best of the Borough stated that the land use on the
face of the plat made it very difficult if the property
was rezonedbecause you almost have to replat the area.
The Borough attaches a letter to the plat showing the proposed
land use.
~otion passed unanimously.
B. V~P Ranch Estates: Final Plat
~4r. 2%mbarian stated that a temporary cul-de-sac should be shown
at the end of 13th Avenue S.W.
After further discussion by the Co_-~_..~ssion, this plat was tabled
ttutil the meeting on September 9, 1976.
Mr. Eeus moved, seconded by Mr. Malston, that the Commission
table review. ~f this plat until the September 9, 1976 meeting.
Motion passed unanflnously.
At this time, the Commiss£onmembers asked questions of Mr.
Sam Best of the Kenai Peninsula Borough Planning Department.
Mr. Hamrick asked Mr. Best if there were certain requirements
for plats which were automatically taken care of at the Borough
level.
Mr. Best stated that the statement by the Borough tax collector
stating that all taxes had been paid on the property was
automatically taken care of by the Administration.
I~NA! PLANNING & ZONING CO~41~ff$$ION
II~ILAR r4EET~NG SEP~EI4BER 8, 1976
(Xtmn$-B, continued)
Page 9
Mr. Best stated that the statement regardfng wastewater regulatfons
was requ£redbefore the plat could be recorded.
Grace Brethern and Beck Property. Rep, lat: Prelimfna~/Final
~OTXON:
Mr. Heus moved, seconded by Mr. Malston, that the Commission
recommend approval of the preliu~nary/final plat of the Grace
Brethern and Beck Property Replat to the Borough Planning &
Zoning Comm~ssion with the recommendation that the status of
the property west of the replatbe shown.
~otfon passed by roll call vote. Voting yes~ Malston, ~aymond,
~ller, Heus and Glick. Voting no= Hamrick.
OT~ER BUSINESS
Mrs. Horton was asked to check on the status of Dave Egge's
Hydrattt~c ~overnor Servfce.
I~CES$
There being no further business, the Commission recessed
until 7:00 p.m. on ~eptember 9, 1976.
KENAI PLANNING & ZONING COMMISSION
SPECIAL MEETING .SEPTEMBER 9, 1976
CITY ~RAGER'$ OFFICE 7:00 P.M.
BETTY GLICK, CHAIRMAN
ROLL CALL
Present.- Ron Malcton, ~oland Raymond, Nick Miller, Cliff Heus,
' Mike Hamrick and Betty Glick
None
Councilman Ed Ambarian
Absent:
Ex-Officio Member Present-.
2. ~REQUEST FOR CONDITIONAL USE PERMIT: KENAI BAPTIST TEMPLE
This meeting was called by the Comm~ssion in order to obtain
additional information from Kenai Baptist Temple in reference
to granting of a conditional use permit to enable them to
operate a church and school in a general commercial zone,
following the public hearing held on September 8, 1976 in
this regard.
Chairman Glick advised the persons present that this meeting
was closed to public testimony.
Chai~n Glick asked Mr. Larrabee when services were held
by Kenai Baptist Temple and the size of the congregation.
Mr. Larrabee stated that the congregation size ranged from
40 to 65 persons and services were held on Sunday morning
and even~ngand Wednesday evenings.
Chairman Glick asked if Mr. Larrabee felt there was adequate
pa~king for the church and school at t_h_~s location. Mr.
Larrabee stated that he c~Ld.
Mr.'Maleton asked if Mr. Larrabee had.been in touch with the
State Ftre Marshal's office. Mr. Larrabee stated that the
Fire ~arshal's office had not investigated this location, but
had fumpected their previous location.
Mr. Miller asked Mr. Larrabee if he realized that according
to State Statute, there cannot be a bar within 200 feet of a
school yard. Mr. Larrabee stated that they were aware that
there was such a law but had not known the specified distance.
Mr. ltaymond asked the zoning of Kenai Baptist'Temple's previous
location in the A P & E building. Mrs. Horton advised that
this area'was zoned urban residential.
Chairman Gltck asked how long Kena£Baptist Temple would
utilize this building if they were issued the conditional use
permit with no restrictions. Hr. Larrabee stated that they
~ayuse the building for only one year, but would be in a
better position to determine this at the end of this year. If
they did not move at the end of this school year, the term of
use would be indefinite.
KENAI PLANNING & ZONING COMMISSION
'SPECIALMEETING SEPTEMBER 9, 1976
PAGE 2
r
Chairman Glick asked if Xenai Baptist Temple and Wings
Christian Academy were granted a conditional use permit
to operate at this location, did they feel that the cost
of alterations to the building in order to comply with
local codes would not be excessive in using this-building.
Mr. Larrabee stated that they did not feel the exp~nse woul~
be such to make in unfeasible to use this building.
Mr. H~rick asked Mr. Larrabee if there were plans to alter
the building. Mr. Larrabee stated that minor alterations
would be necessary and that they planned to make as few-
alterations as possible in bringing the building up to
local codes. If there were to be any major alterations,
they would be accomplished after this school year, if they
felt that they would be allowed to stay at this location.
Mr. Reus ~sked if any of the major alterations would make
the building unsuitable for co__~___rcial use. Mr. Larrabee
stated that he did not feel the al.teratlons would make the
build/rig unsuitable for commercial use, as the alterations
would be com~rised of overhead doors and th~ngs of this
nature.
Mr. Hamrick asked if there would be kitchen facilities
~n th~s building. Hr. Larrabee stated there would be none.
Mr. M~11er asked if the State Fire Marshal's Office had given
them any information on what changes are needed to meet codes.
Mr. Larrabee stated that they had been given a clean bill of
health at their other location .
Mr. Hamrick asked if the school would operate five days per
week. Mr.'Larrabee stated that it would. Hr. Hamrick asked
if the school went through tb~ twelfth grade. 'Mr. Larrabee
stated that it did.
Mr. Malston asked if the State Highway Department had been
contacted regarding a reduced speed limit on the highway
near the school. Mr. Larrabee stated that they had not been
contacted in this regard. Mr. Malston asked if the school
provided busing for the students. Mr. Larrabee stated that
the parents of the students provided the transportation.
Mr. Hamrick asked Mr. Larrabee if he was working full-time
for the church and school. Mr. Larrabee stated that he was.
There are four fu11,t~me members of the staff. Mr. Hamrick
asked if any other staff members held secondary positions in
other businesses. Mr. Larrabee stated that none did.
As there were no further questions from the Commission, Chairman
Glick asked the Commission to discuss the matter.
KENAI PLANNING & ZONIN~ COMMISSION
· SPECIAL MEETING . SEPTEMBER 9, 1976 Page
~r. Hamrick asked if they should make a separate motion for
each of the church and school. Chairman Glick stated that
the matters could be considered jointly or separately.
Hr. Raymond stated that he could see no reason to consider
the permit for the church and school separately.
Hr. Heus stated that they should be considered separately
because there is separation of church and state and not of
school and state. Churches and schools have separate purposes.
Chairman Glick asked if there was any objection to considering
the church and school separately. There was no objection.
Chairman Glick stated that the church would be..considered first.
Hr. Miller stated that he felt Mr. Bookey's testimony at the
public hearing was significant in this matter, as his
situation could happen to other property owners in the area.
Hr. Bookey hopes to construct a motel and bar on his
property. If he cannot build a bar here because of the school,
granting of a conditional use permit to a11m.~ operation of
a church and school in this zone could adversely affect him
and Mr. Bookey is operating within the intent of the zone.
Hr. Hamrick stated that the City has very little co___~__ercial
property. Th~s Commission is meeting to consider the future
development of Kenai. If there is a small amount of commercial
prope=ty att his time, this area ks going to be needed by
businesses for develop_._ment in the future. There is a much
larger amount of residential property which allows churches and
schools and prohibits businesses. Hr. Hamrick felt that the
Commission should consider the ~mo_unt of commercial property
available and the amount of residential property available
~n making their decision.
Mr. Heus stated that he had studied the zoning ordinance
and that a cond~tional use permit would definitely be needed
in this case. He felt that the City could issue such a permit
for a period of one year without interfering in the future
development of this zone. Mr. Heus stated that he would vote
in favor of issuance of the permit if there was a definite move
planned by Kenai Baptist Temple and if a time limit was
included in the motion.
Mr. Hamr£ck asked Mr. Larrabee to restate whether or not th~s
would be a permanent location for their operations or whether
they would be moving at the end of the year. Hr. Larrabee
stated that if this permit was granted for a one year period,
it would allow them to operate this school year and give them
sufficient t/me to secure another location.before ex~iration of
the permit.
KENAI PLANNING & ZONING COMMISSION
SPECIAL MEETING SEPTEMBER 9, 1976
Page 4
Mr. Heus asked if the property in question was zoned general
commercial or central commercial. Hrs. Horton advised that
the property was zoned general commercial. Hr. Heus stated
the uses permitted in the general commercial zone.
Chairman Glick gave a resume of the proceedings in this
mat~er up to this date. Mrs. Giick stated that Mr. LarraDee
had contacted Northern Commercial Co. regarding purchase of
'the Old N. C. Auto Center' for the purpose of a church and
christian school. N. C. requested that Mr. Larrabee check
the zoning requirements prior to purchase of the building.
Upon checking with the City, Mr. Larrabee was advised that
he would need a conditional use permit for this use in a
general commercial zone. Hr. Larrabee appeared at the
June 9, 1976 meeting of the Comm~ssion and it was determined
that a conditional use permit would be required and a public
hearing w0uld have to be held. The public hearing was
scheduled for the first meeting in August at the request Of
Mr. Larrabee. It was not held at this time. Shortly after
this t~ne, Kenai Baptist Temple began operation of their
church and school in this zone prior to issuance of a
conditional use perndt. Therefore, it was necessary for
the City to begin legal proceedings against Kenai Baptist
Temple for violation of the zoning ordinance. The public
hearing was held on September 8, 1976 and much testimony
was received in favor of issuance of the permit and many
petitions were received in favor of issuance of the permit.
Chairman Glick stated that the Com~/ssion must keep in mind
that they represent the entire City. Chairman Glick further
stated that that at the public hearing, the statement was made
that the majority of the signatures on the petitions were
secured from residents within the City of Kenai. Many of
the signatures were secured from outside of the City Limits.
Chairman Glick stated that she wondered if some of the residents
would have signed the petitions if they had known both sides of
the issue.
Chairman Glick stated that the Commission must decide if the
conditional use permit is within the intent of the zone.
Chairman ~lick read the uses permitted in this zone. The
Com~/ssion can and is authorized to issue the conditional use
perm/t for any length of time. We must issue or deny the
per~/t on the basis of facts. Chairman Glick read the
requirements for issuance of the conditional use permit.
Chairman Glick stated that at the public hearing, it was stated
that this school would save the taxpayers $300,000.00. The
savings would actually be approximately $120,000.00. However,
the school buildings would still have to be maintained and
many other expenses would not be affected by the withdraw1 of
approx~ately 40 students from the publlc school system. There-
fore, the taxpayers are not saving any substantial amount of
money because of the private school.
Chairman Glick asked the wishes of the Commission.
~AI PLANNING & ZONING COMMISSION .
SPECIAL MEETING .SE?TF24BER 9, 1976 Page 5
Mr. Heus stated, that in order to issue a conditional use permit,
the intended use must be similar to the principal uses permitted
in the zone. In his opinion, a church was similar to some of
the per~/tted uses in this zone.
Mr. Raymond stated that a church and social hall were similar.
MOTION:
Mr. Heus moved, seconded by Hr. Raymond , that the Kenai
Advisory Planning and Zoning Comn~ssion grant a conditional use
permit to Kenai Baptist Temple to operate their church at the
location known as Tract A, Shadura Subdivision, and Lots 1
and 2, Tract A, Shadura Subdivision, for a period of one year
provided that the following conditions are met:
That a letter be received by the Commission from Kenai
Baptist Temple, stating that it is understood that the
conditional use permit will expire after one year from
date of issuance and at that time, use of the building
and property for the purpose of a church will terminate.
AI~ENDMENT=
Mr. Malston moved, seconded by Mr. Heus, to amend the main
motion to read 'for a period ending June 30, 19777 rather than
'for a period of one year.
Motion passed unanimouslyby roll call vote.
Mr. Heus stated that he would like to continue the discussion
of sflnilar uses in th~s zone. In his opinion, a church is
s~m{larto a social hall.
Mr. Hamrick stated that a social hall was permitted in t~is
zone because it could create a disturbance in a residential
zone, whereas, a church is allowed in residential zones because
by its own standards, it would not disturb surrounding property
owners.
~alston stated that a social hall would not effect development
commercial zone. A 'church could.
Hr. Heus stated that in reference to being in harmony with the
intent of the zone, issuance of the permit for a period of nine
months would not be in conflict with development of the area.
Hr. ~aXston asked what would occur if Kenai Baptist Temple
applied for a con~/tional use permit at the expiration of this
pernttt. Hr. Heus stated that the entire matter would have to
considered again at that time.
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING SEPTEMBER 9, 1976
Page 6
Councilman Ambarian stated that Mr. Bookey's name was being
used too often in this situation, but his situation is a good
example of what probl~m~ could arise if the conditional use
permit was issued.
AMENDMENT
[~r. Hamrick moved, seconded by Mr. Malston, to amend the main
motion with the addition of the following condition=
2. That the Kenai Advisory Planning and Zoning Comission be
furnished with written proof of compliance of Kenai
Baptist Te_.m~.le with the various codes at such time as'
they have been inspected and found to be in compliance or
non-compliance.
Motion passed by roll call vote.
Voting yes= Malston, Miller, Heus and Glick. Voting no:
Raymond and B~mrick.
QUESTION - MAIN MOTION AS AMENDED=
Motion failed by roll call vote.
VotLng yes= Raymond. Voting no=
Hmnrickand Glick.
Malston, ~Ltller, Heus,
Chairman Glick advised the Com~/ssion that they should now
=onsider the issuance cfa condit/onaluse permit for
WtngaChristianAcademy.
Mr. Heus stated that he did not feel that a school would be
sin~lar to any of the uses permitted in the general commercial
zone and he did not feel that this was a good location for
a school.
MOTZON:
Mr. Hamrick moved, seconded by Mr. Heus, that the Kenai Advisory
Planning and Zoning Commission issue a conditional use permit
to Kenai Baptist Temple to operate Wings Christian Academy at
the location known as Tract A, Shadura Subdivision and Lots 1
and 2 of Tract A, Shadura Subdivision, with the following
conditions=
1. That the Kenai Planning and Zoning Commission be furnished
w~thwritten proof of compliance by Wings Christian Academy
with the various codes at such time as an inspection has
been made and they have been found to be in compliance or
non-compliance.
2. That the conditional use permit will expire on-.June 30, 1977
and will be non-=enewable.
SPEC]:AL MEETING
SEPTF-.I~IBER 9, 1976
Page 7
Mr. Raymond stated that he would not like to see this permit issued
on a long term basis but could see no detriment in issuing the
permit until June of 1977.
~ENDF~NT~
Mr. Malstonmoved, seconded by Mr. Miller, that the main motion
be ~nde~ by addition of the foiiow£n~ condltion~
That a letter be received by the Kenai Planning and Zoning
Commission from Kenai Baptist Temple, stating that it was.
understood by Kenai Baptist Temple that the conditional use
permit would expire on June 30, 1977 and would not be
renewable.
Motion passed by roll call vote.
Voting yes~ Raymond, Miller, Heus, Hamrick and Glick.
Voting nos Malston.
Mr. Heus stated that he would like to see ,the school in operation
and he saw no way that they could find'a new location for the
coming school year.
Mr. Hamrick stated that if the permit was issued, the Commission
would be faced with the same decision nine months from now.
Raymond stated that he would like to see the school in operation
Mr. Heus asked City Attorney Janis Williams if the Comn~ssion could
deviate from the conditional use perm/t requirements due to
hardship. Miss Williams stated that if they granted the permit for
a n~nemonth period, they should state in their findings of fact
that the Comnk~ssion had determined that a long temuse is not
co~atible, but that a short term use is allowable.
Mr. ~L~ller stated that the hardshipmatter should not apply, as
Kenai Baptist Temple had been aware of the necessity of the conditional
use permit prior to their purchase of the building.
QUESTION.- MAIN MOTION AS AMENDED:
Motion failed by roll call vote.
.Voting yes: Raymond and Heus.
Voting no: Malston, Miller, Hamrickand Glick.
· Chairman Glick advised Mr. Larrabee that the Co~mission had denied
the conditional use permit in the cases of the church and'school and
that he could appeal their decision to the Borough. The Commission
would send Mr. Larrabee a letter stating their decision and listing.
their findings of fact. Chairman Glick stated that the Comm/ssion had
to consider the intent of the commercial zone and the conditional use
permit use. These uses did not meet either reauirement. Mr. Larrabee
knew that there was a possibility that the per~dt would not be granted
and had stated at a previous meeting that he realized the building would
be hfs responsibility if the permit was denied. The Commission has
no complaint against the church or school, but does not feel they should
be located in a general commercial zone.
moved, seconded by Fr. Miller that tb~-~ Commission reco~nend ~ ~
~rough Pla~flg ~d Zoning Co~sston approval of tb ~
That a temporary cul-de-sac be plaoed on the north end of
13t~ Ave. S.W., until such time as the street ~evelopment is
completed.
2. The proposed block number, shown as number 3 on this plat,
be verified.
Notion passed unanimously by roll call vote.
The~e being no further business, the meeting adjourned.
NOTION=
Mr. Hamrick moved, seconded by Mr. ~.ller, that the meeting
reconvene for the purpose of review of Dave Egge's Hydraulic
~overnor Service.
Not/on passed unanimously.
lit. Hamrick moved, seoonded by Fr. Niller, that the Commission
recommend to the City Admtnistzation that the ~stration
~tn ~e proper s~ps ~ le~a ~~ fi~ on Dave Egqe*s
Hy~a~ic ~ve~r Se~ice , in vi~of ~e fact t~t ~
~ve be~ given ~ ex~nsions in order ~ comply with zoning
re~ations ~d are still tn violation.
Notion passed unanimouslyby roll call vote.
There being no further business, the meeting adjourned at
10~00 p.m.