HomeMy WebLinkAbout1976-10-20 Council Packet· COUNCIL M£~TI~G OP ' '~
COUNCIL MEETING
i~ULAR MI~;I,~TING - KENAI CITY COUNCIL
OCTOBER 20. 1976 - 8:00 P .M.
PUDLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
AGIDiDA APPROVAL
PUBLIC tlEARINGS
1. Ordinance No. 313-76 - Amending Kenai CommunRy Library Grant
2. Ordinance No. 314-76 - Spesial Del(n'red Assessments In Certain W/S Improve. Dfst.
3. Ordlmu~e No. 315-76 - Requfring Assessments be made eurrent at transfer of title
4. Ol.d~nam~ NO. 316-~6 - ABM~dIn.~ 1976 Ke~IM MUp~I_c~_~al AJrpox't Begu~fl~oD8
Ce
PERSONS PRESENT SCHEDULED TO Blt HEARD
1. Mr. Ted Carson representing Yoshi and Ruth SMohba
D. BflNUTES
1. Minutes of tho Re~ Me~q_J*~ of Oatober 6, 18?6
1. Letter of resfgnatfon ~rom PaZ Commission - Mrs. Bet~ Gl?ak
OLD BUSINESS
1. Tfbbets Ga~ge
/'3.
/4.
6.
NEW BUSINESS
Bflla to be pard - bills to be ratffl~d
Ordinance No. 317-76 - Clarffyfng Ordfnanee No. 240-?4'& limiting ft H to time
Ordlrmnee No. 318-76 - T~_,~ring FUnds to complete Animal Sheltex' &
dee~ an emergency
Ordfrmnee No. 316-76 - 8enfm* Citizen Nutrftional FTogram Budget
Resolution No. 76-61 - Author?zing aeeepbmoe of Sr. Cfflzen Nutrftkmal Program
m~d autl~l~ entering Into Ai~reements for Implementation
Resolution No. ?~-55 - Reimbursement f~om State - Street Lf~hts In Urhn Section
Resolution No. 76-56 - Publfe Works CapRal Development & Investment A~t of 1976
Resolution No. V6-$? - Rezontng a eertafn treat or land In Cfty of Kenai
· Resolution No. 76-58 - Setting date for publis hearing on Old Library Bufldfng
~fl. Resolution lqo. 16-S9 - Accepting Laos1 Servfee Roads & Trails Program Funds
/]~. Resolution No. 76-~o0 - l~_-!~_~g Ordfnm~ee ~10-76 ~ t~ble I setting heorfng date '
13. Re~olutton No. ?G-62 - Contract(s) Inspection Sm'?fee - EDA Water WeU Project
~4. Rewlutlon No. 76-G3 - Cl~nge Order - EDA Water Well Project
//15. Resolution No. ?6-64 - Reassensment of certain W/S Improvement D~. tn Kenat
/16. Am~d~nment of Lease - Gerald L. and/or Alext9 W~son to National Bank o~ Alaska
17,
18.
REPORTS
1. Cfty Itfanag~n"o Report
3. CRy Attorney*m RelX~t
$. ~yor'. R~
4. Cl~ ~ke8 R~
~. F~e D~r's R~
f. K~ P~ ~ As~bly*s R~
PERSONS PRESENT NOT SCUEDV.,*LED TO BE BILedtD
1.
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 20, 1976 - 8:00 P .M.
PUBLIC SAI~ETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ]lOLL CALL
Present: Richard Morgan, Dan Whelan, Edward Ambarian, Tom Ackerly, Betty
Glick, Walte~ Sweet and Jemes Elson
Absen~ None
AGENDA APPROVAL
1'he agenda was approved as di~h~uted.
B. PUBLIC HEARINGS
B-h Ordinance No. 313-76 - Amendin~ Kenat Communft~ Librar~ Grant
Mayor Bison read Ordinance No. 313-76 by rifle only as copies had been distributed
to the public. ~An ordinance of the Council of the City of Kenai, Alaska, appropriating
$20,000 to the Capital Projects fund entitled "Kenai Community Library" and
.~lnere~sing es~_ _m_ated revenues, entitled 'Ker, ai Community Library Grant" in the
· an0unt of $10,000 and donations from the Friends of the Library in the amount of
$10,000.'
There bet~ no public comment, the
Mayo~ Elson opened the hear~ to the public.
hearing was returned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councilman Whelan, for adoption of
Ordinance No. 313-76, appropriating $20,000 to the Capital Projects fund entitled
~Kenai Community Library" and increasing estimated revenues, entitled ~Kenai
Canmu_nity Library Grant" fn the amount of $I0,000 and donations fi*om the Friends
of the Library in the amount of $10,000.
passed unanimously by roll call vote.
Ordinance No. 314-76 - Special Deferred Assessments in Cer~__~ W/S Improve. Dist.
Mayor Elson read Ordinance No. 314-76, "an ordinance of the Council of the City of
genai clarifying the status of special deferred assessments in certain water end sewer
impx-ovement districts. Whereas, Or&t___,~_~e 234-?3 ereattn~ Sewer Improvement
K~NAI CITY COUNCIL, REGULAR MEETING, OCTOBEB 9.0, 1976
Page Two
District 73-S2, Resolution 74-4 creating Water Improvement District No. 8, Resolution
No. ?4-5 creating Water Improvement District 73~Wl, Resolution No. 74-6, creating
Water Improvement District 73-W2, Resolution No. ?4-9, ~.eattng Water Improvement
District 73-W5. Resolution ?4-1_fl _o_,,~ntin_g ~ewo~, l.m_.p~ovem_~nt_ Dist~et 75-~1 cc~. ~t2Lu
a provision reading as follows: So much of parcels of benefitted land with frontage
in excess of 330 ft. on this district, held as an unsubdivided parcel, may have pay-
ments deferred on assessments until such parcel or parcels are subdivided. Whereas,
suen provisions do not clearly delineate how and when such special deferred payments
ave to be made, and Whereas, it is the intent of the Council to establish a policy with
regard to special deferred payments in the above-named districts." Mayor Elson
advised the public that copies of the Ordinance No. 314-76 were provided for their
review of the explanations contained in the Section I.
Mayor Bison opened the hearing to the public -- there being no public input, the hearing
was returned to the Council table for action.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarian, for adoption of
Ordinance No. 314-76, oJarffyin~ the status of special deferred assessments in certain
wato~ and sewer improvement districts.
Motion passed unanimously by roll call vote.
B-3: ..Or,ce .No. ~15-76 - Rec~uiring Assessments be made current at transfer of rifle
Mayor Bison read Ordinance No. 315-76, "an ordinance of the Council of the city of
Ke~_t requtrtn~ that assessments be made current at the time of transfer of title.
Whereas, the Council finds that it is essential to have assessments current at the time
of transfer of rifle. Now, therefore, be it ordained as follows: The Cede of the City
of Kenai fs hereby amended to add new Sections 16-29. and 16-23 which shall read ss
follows: Pa)~nent of Assessments Upon Transfer of Tiffs, Section 15-22: All past
due installments on any special assessments levied on property in any improvement
district within the City of Kenai shall be paid in full with applicable interest and
penalty prior to the time any transfer of rifle to that property is duly recorded in accord-
ance with statute. The transferor of the property shall be responsible for ensuring
that the provisions of this section are complied with. Penslt~ Section 16-23: Any
pm'sons who violates the p~miaions of Section 16-9.2 is' ~mflty of a misdemeanor and
punishable by a fine not to exceed $300. The penalty provided for he~_~_~_n_ ~hall not
ba~ re~ula~ foreclosure proceedings provided for by statute."
Mayor Bison opened the hearing to the public -- there being no input, the hearing
retrained to the Council table for action.
KENAI CITY COUNCIL, RItGULAII I~I£ETIN,'~, OCTOBER 20. 1976
Page Three
MOTION:
Councilman Sweet Moved, seconded by Councilman Amba~mn, for adoption of
Ordinance No. 315-76, requiring that assessments be made current at the time of
t~ansfer of title.
1H._.~yer ~!.,~o, ~Ated Ln th~ penalty elau~e -- the ordLn~nce ~hould pr~,, Id¢ for pen..~t~'~
on per parcel/per basis. Councilman Whelan questioned if there would be any conflict
with regard to escrow accounts and was advised by City Attomley, Jants Williams,
that there appeared to be no problem and this will provide for the City to foreclose
on past due installments, provides for a penalty and gives the individual the incentive
to have cra'rent assessments.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarian, to amend the motion
to read ~ .... penalty provided for herein may be assessed for each parcel to which
title is tr~erred and shall not bar regular foreclosure .........
Motion passed unanimously by ~oll ..all vote.
MOTION AS AMENDED:
Passed unanimously bF roll call vote.
B-4: Ordinance No. 316-76 - Amending 1978 Kenai Municipal Airport R.egul~.tions
Mayox, Ulson read Ordinance No. $16-76 by title only as sufficient copies had been made
available to the public, nan ordinance of the Council of the City of Kenai amending
the 1976 K~_n_~t_ Municipal A~ Re~tions'.
Mayor Bison opened the hearing to the public.
17~. Bob Btelefeld - Mr. Bielefeld stated he felt the ordinance was tot_~l~y unnecessary
in that the Kenat Municipal Airpo~ was imposing regulation upon regulation to the
operators and the City does have the prerogative to cancel the leases of those
individuals not complying with the Airport regulations.
~. Bob Richte, U. S. Fish & Wildlife - Mr. Richie inquired as to how these changes
r~late to lease holders and also advised that he feels the City may be held liable if
in impounding a aircraft o~ vehicle if damages are incurred. Mr. Riehie also advised
that Fish & Game had a problems with snow removal last winter.
Mr. John S~oner, Arctic Aviation - Mr. Stoner questioned Ssction 4 and the restrictions
on the movement area and was advised by Mr. Wise that this was in regard to
ax. ess such as the runways, taxiways and other areas u~_l~ed for tax~, takeoff and
landin~ aircraft and not the leadin~ ramp and parkin~ areas.
Thm'e beln8 no further public comment, the hear4n~ returned to the Council table
for ftu~her action.
KENAI CITY COUNCIL, REGULAR I~IEETING, OCTOBER 20, 1976
Page Four
Councilman Sweet stated he had been approached by several helicopter operators
who expressed concern over the change in helicopter status -- they feel a helicopter
should be t~eated as a standard air craft. Councilman Whelan inquired as to comments
from the FAA with regard to helicopter status and Mr. Wise advised that this was the
the recommendation from u~e FAA in that the helicopters be restricted. Councilman
Aekerly asked if the additions were at the request of the FAA and Mr. Wise advised
that the Movement Area was added at the request of the Control Tower Chief.
MOTION:
Councilman Sweet moved, seconded by Councilman Wl~e!~_n, for adoption of
Ordinance No. 316-76, amending 1976 Kenai Mu__nJ¢ipal Airport Regulations,
and mending them to delete Section 5.
Mayor Elson stated he felt that the wording in this Section was mere stringent than
it should -- the tower should have visual access to the helicopter take-off and
landing a~ca. N~. Wise advised that the objection raised by the Tower is the fact
that this is a general aircraft airport and are concerned about the turbulanee caused
by the helicopters to approaching small ah-craft. Mr. Bob Bielefeld stated that after
three minutes there should be no problems with approaching small aircraft -- approach
should be at the discretion of the pilot. As this airpm, t ts'~un by the City of Kens/,
Mr. Bielefeld fm, ther stated, he felt the City should make the rules and not the FAA.
Councilman Morgan stated that. he felt this ordinance should go before the Airport
Advisory Commission for thet~ review.
MOTION:
Cotmeilman Morgan moved, seconded by Couneihnan Whelan, that Ordinance No. 316-76
be tabled for one month to allow the Airpert Advisorlr Co~_m!ssion time to review the
o~dimmee and offer thei~ comments to the Council before passage.
Councilman Sweet withdrew Ms motion with consent of sscond.
Motion to table passed unanimously by roll call vote.
ADJOURNMENT - BOARD OP ADJUSTMENT - KENAI BAPTIST
Mayor Bison adjourned the regulm, meeting of the Kenal City Council at 8:40 p.m.
and eaUed the Board of Adjustment to order to hear the appeal of the Kenai Baptist
Temple on their application for establishing a church and school in a comme~,cial zone.
Mayor Bison outlined the guidelines to be followed by the Board of Adjustment as
advised by the City Attorney. Mayo~ Bison advised that he would now open the
heating for public comment and stated that only persons living within the City
limits of Kenai would be allowed to speak and upon allowing those individuals an
OplXn*tunity to speak, he would then allow all interested parties to express their
views. Mayor Bison called upon Rev. Robert Larrabee, 'representing the Kenai Baptist
Temple to speak before the Board of Adjustment.
· ' I1 KENAI CITY COUNCIL, REGULAR MEETIIqG, OCTOBER 20, 1976 PAGE Five
/" "!I had a~pLe~edab~ee-dReat~sioer~no~ ~aebneaei~d~tei~tre~y pi~tnn~tn~n~e~in~flCoStmTm~smsPi~l~
within a General Commercial Zone was denied. Reverend Lar~abee advised the Board
that his ~'oup were in the process of making am'angements to select another site
and would then move their facilities, however, this might be somewhat involved and
they would, therefore, request the Board's consideration for issuance of a conditional
use permit until the end of the school year. This would allow the school to remain open
and, in addition, allow the Kenai Baptist Temple to enter into negotiations for the sale
of their property and the purchase of a location which would adequately serve their
needs.
James Bookey - Mr. Bookey resides on Overland Dr. in Kenai and voiced his objection
against the issuance of a conditional use permit to the Kenat Baptist Temple as Mr. Bookey
stated that a ehurch and school in this area would directly affect property he had
recently purchased and that his intent for this property was for commercial use.
IVtt,. Bookey further stated in that the Kermi Baptist Temple had aequix.ed the property
without the pex.mtt and had proceeded with their ohurch and school that this was, in
his opinion, a flagrant violation of the law.
Sharon Wells - 4th & Birch - Mrs. Wells requested that Couneil grant a temporary
permit to enable the school to remain open until the termination of the school year.
Carl Glick - High Bush & Bumble Bee - Mr. Gltck stated he had been advised that
the sohool on the subject property Wes not certified by the State of Alaska and Mx.. Glick
requested that the Board take this into consideration while deciding on the appeal.
Mx.. Lax*tabes advised the Board and Mr. Gliok that students attending their school
had transfex~ed to colleges and were eligible to transfer to any accredited school.
Vincent Spady - l~l~fonsky Beach Road - Mr. Spady, a teaohex, at Wings Christian
Academy, stated he believed that the sohool would not hinder ecmmereial business
~f the school wm'e to operate only to the end of the school year.. Mr. Spady further
stated that the school is open to the public and would, therefore, not be fn conflict
with other businesses in the area such as the music studio, etc. Mr. Spady also
requested that their application be considered for the end of the school yest' to allow
a continuation of eduontion for the pupils enrolled in the school.
¥ickie Bope- Bush Lanes Subdivision - Mrs. Bope, spoke as a parent of students
~oUed in Wings Christian Academy, and requested that the school be allowed to
operate until the end of the school year.
Mary Spady - l~al~fonsky Beach Read - Mrs. Spady, a teacher at Wings Christian Aoademy,
stressed the professional t~atning offered at the school and also stated she felt that the
professfo _~_ ~_~em of the school sppeax.ed in harmony to operate in the a~ea. Mrs. Spady
requested that the school be allowed to operate until the end of the school year.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Six
Allen Bope - Bush Lanes Subdivision.- Mr, Bope asked that the zoning for churches and
schools be explained and after explanation. Mr. Bope requested that the Board grant
the school to operate until the end of the school year at which time the church and school
would relocate.
Ken Stock - Beaver Loop Road ~ Mr. Stock requested that the Board ~rant the Kenai
Baptist Temple request for an extension of time to the end of the school year.
Robert Larrabee - Mr. Lat, rabee stated in connection with the conditional use permit
being issued until the end of the yea~, one fact to consider is the #now" and not
the future in this regard as a conditional use permit for a specified time period would
not hinder future progress in the area ....
Mayor Elson inquired if the Kenal Baptist Temple would ~vant to amend their appli-
entlon to read until a ~speoified date~. Mr. Larrabee stated that the Kenai Baptist
Temple would hereby amend their application for conditional use permit not to extend
beyond June $0, 1977.
There being no fm-the~ public comment, M~yor Elson closed the public hearing and
read a memorandum from City Attorney, Janis Williams, concerning procedures to be !~
followed for consideration of a conditional use permit. Councilman Morgen inquired as to t~i
prior refex*ral by the Kermt Baptist Temple that they had been Liven the impression
that they would be allowed to operate while awaiting the outcome of their application
for a conditional use permit. City Attorney Williams advised that at one point prior
to contact with the Kenal Advisory Plap,~tv, g CommisSion, Reverend Larrabee was
advised that a conditional use permit was required and perhaps was told that there
was no problem in obtaining the conditional use permit.
Councilman Morgan in. qui~ed if the conditional use permit was g~anted for a period of
time not to exceed June $0, 1977, what would be the next procedure. City Atterney
Williams advised that the Kenal Baptist Temple, if again found in non-compliance, would
again be in vtoh~tion of the ordinance and also could possibly re-apply for a conditional
use permit at expiration. Councilman Morgan asked for elaboration on the negotiations
fer the property owned by Kenai Baptist Temple and Reverend Larrabse advised that
the property was for sale and they had several interested parties. Upon sale of the
property, the church and school would be relocated to a new site which the Kenal
Bapt~t Temple is tr~ to locate at the present tLme.
C~an Whelan inquired as to why the Temple had moved out of their old facilities
before obtaining a conditional use permit for the new lOCation. Reverend Lat~abee.
reported that they were ah~eady in the process of moving out of their old building
when they found out that that a permit was requi~ed and, of com'se, were under the
impression that a conditional use permit would not be difficult to ob~!u for their intended
use of the property. Also, the former facility was a lease only situation.
NOTION:
Councilman Ambarian moved to table the matter of the appeal of the Kenai Baptist
MOTION:
Councilman Sweet moved to grant the Conditional Use Permit to the Kenai Baptist
Temple to operate a church and private school within a Ganeral Commercial Zone
for a period not to exceed June 30, 1977.
Motion died for lack of second.
MOTION:
Councilman Morgan 'moved, seconded by Councilman Sweet, that the Kenai City Council
sitting aS a Board of Adjustment finds that the us~ as a church and a school in a General
Commercial Zone is not sim!la, and in harmony with the intent of the zone but due to the
hardship involved on the Kenai Baptist Temple that the Board issue a non-renewable.
Conditional Use Permit for a period not to exceed June 30, 1977.
Councilman Ambarian stated he opposed the motion and would not vote in favor of the
motion as stated.
Councilman Whelan inquired from the City Attorney ff in granting a conditional use
permit for 'a specified period of time, would this weaken the Ctty~ lmsttion should the
matter eventually go to court, or through these same proceedings after June 30th?
City Attorney W~H~_~__ms advised that in her opinion the City's position would not be
weakened but would have to sc state and specify in the motion. Mayor Elson called
a recess for the purpose of re-wording the motion on the floor.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, that the Board of Adjustment
accept the findings of the Kenai Advisory Planning Commission and the Kenat Peninsula
Borough Planning 'Commission as enumerated in the letter dated September I?, 1976,
fi, om Betty Gliok, Chairman of the Kenai Advisory Commission to Mx'. Lar~abee and the
Board stands in agreement with the decision of the Kenai Advisory Commission, but
due to hardships to the app_~lln,~t execution of legal action of the cease and desist order
be stayed until $0 June 1977.
Councilman. Ambax*fan inquired ff this motion would be in violation of the Charter
and Ox'dinanees? City Attorney Williams advised that not to her knowledge would the
action of this motion be in violation.
Mayor Bison stated that he felt that a decision must be made -= Mayor Bison advised
that htsterioally in previous efreumstances wherein the City ~-anted exceptions
fox. the use of particular facilities, the organizations would proceed with making
improvements to their facilities and at the termination of the condition, they were
reluctant to move to other facilities as so much had been invested and expended in the
facility.
KENAI CITY COUNCIL, REGULAR MEETING , OCTOBER 20, 1976
Page Eight
qUESTION:
Motion failed by roll call vote. Voting no; Whelan, Ambarian, Gltek and Elson.
Voting yes; Morgan, Ackerly and Sweet.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of
Resolution No. 76-65, a resolution of the City Council of the City of Kenai sitting as
a Board of Adjustment for the City of Kenai in the matter of the appeal of the Kenai
Baptist Temple for Conditional Use Permit required relative to the operation of a church
and school in a General Commercial Zone. Whereas, the Kenai Baptist Temple has
appealed the decision of the Kenai Advisory Planning and Zoning Commission and the
Kenai Peninsula Borough Planning Commission denying their request for a Conditional
Use Permit relative to the operation of a church and a school in a General Commercial
Zone, and Whereas, as required by Borough Code, Public Heaving is being held within
thirty days of fllin~ of such appeals, and Whereas, the appellant has ~ed: (1) A
legal description of the property described, · (9.) Proposed use of the property.
Whereas, as provided by Borough Cede, the issues of fact to be determined are:
(1) Whether the Uses ave similav to the principal uses in the zone. (Z) Whether the uses
ace in harmony with the intent of the zone. Now, Thm;efore, be it resolved that the
City Council sittin~ as a Bo.,trd of Adjustment for the City of Kenai finds as a matter of
fact that: Sometime prio~ to June 9, 1976, the Kenai Baptist Temple purchased the old
NC Auto building with intent to use it as a church and sohcol. (9.) On June 9, 1976,
Mr. Latwabee of Kenai Baptist Temple was informed by the Kenai Advisory Planning
and Zoning Commission that ehut-ches and schools are not permitted uses in General
Commercial Zones. They may, however, be conditional uses under KPC 21.76.140
of Ordinance No. 74-?0, and if he intended to operate this church and school he
would need to apply for a conditional use permit. ($) on Au~tet I$, 1976, Kenai
Baptist Temple applied for a conditional use permit to operate a church and school at
the location. (4) A public heartn~ was scheduled and held on September 8, 1976,
From testimony at the public hearing and at the meeting of September 9, 1976, the
Kenai Planning and Zoning Commission has made the following findings in regavd to
the operation of the ehtwch and school, a) Applicant intends to operate a school
for ~,~ades kindergarten through twelve. Bnrollment is to be approximately foriy
students, with a possible increase in em. ollment to eighty students within the next
several years. School is to be conduetad five days per week du~ing normal school
hours. Students will provide their own t~ensportation. There will be lunch breaks
and recesses. However, no food will be provided by the s~. heel. Applicant stated
that it would provide fencing of the school yavd if neeessax,y for the safety of the
students, b) Church services will be held Wednesday evenings and Sunday mornings
and evenings. The size of the con~re~ation is 40 to 65 persons, e) Applicant feels
that the~e is adequate parkin~ for all operations at this location. (5) From testimony
at the public heari_n~ on September 8, 1976, and info, nation received at the meeting of
September 9, 1976, the Kenai Plar~,t_n~ and Zoning Commission made the following
findings in ragavd to the effect of the operation of the church and school on su~wounding
p~,operty owners, a) It was found that adjoining property owners could be hampered
in thei~ plans for development in the area, some of which had already beEun. The
said property owners were operating well within the intent of the zone. b) It was found
that according to State Statutes, a ba~ cannot be located within 200 fi. of a church or
~' ' '"~' ~ 'KBNAI CIT~ COUNCIL, REGULAR MEETII~G, OCTOBER 20, 1976 Pa~e Nine
Ce
Do
school ~Tound. This could hamper the operations of stu. rounding property owners in
the future. (6) The criteria upon which this decision is based is as set out in
KI'C 21.76.140 which states the following: a) Is the intended use similar to principal
uses permitted in the zone? b) Is the intended use wit__h_!n the intent of the zone?
(~) A church is not a use stm~l_~ to the principal uses p~-~m~tted in the Gener~l
Commercial Zone. ($) A school is not a use similar to the principal uses pem~itted
fn the general commercial zone. (9) a church is not s use which ts in harmony with
the Intent of a f;eneral eommereisl zone. (I0) A school is not a use which is in harmony
with the intent of a general eommercisl zone. Be it further resolved by the Council
of the City of Kenai sitting as the Board of Adjustment that the decision of the Kenat
Advisory Planning and Zoning Commission is hereby afftl~ed and the application for
conditional use pel'mit of Kermt Baptist Temple is hereby derded.
Notion passed by roll call vote. Vo~aZ yes; Mo~an, Wh~J_~n, Ambarisn, GHek and
Bison. Votin~ no; Aekerly and Sweet.
Nayor Bison directed Administration to send s copy of Resolution lqo. 76-65 to the'
Kmax! Baptist Temple.
At l&. Z0 p.m., Mayer James Bison called the regv__l_~? meetinK of the Kensi City
Council back to erder.
PERSONS PRESENT SCHEDULED TO BE HEARD
Mr. ~'ed. Cax~,son - ret~resentin~ Yosht and Ruth Shiohira
Mayor Bison advised that M~. Carson asked to be deferred until the next
meetin~ of the Council.
MINUTES
Minutes of the Reft~lar Meetin~ of October 6. 1976
There beh~ no edditions er corrections, the minutes were approved as distributed.
C01tl~SPONDENCB
Letter of Resin, nation fi. om P&Z Co. mmtssion A~ember - Mrs. Betty Gliek
Council aelmowled~ed reoeipt of the letter of resib-nation f~om the Kenai Advisory
Plannin6 and Zonin~ Co~__m~_~sion as submitted by M~s. Betty Gliok.
Thank you ~ette~
Mayer Bison read a "thank you" letter for the efforts of the City in behalf of the
Senler Cittzeas fi'om M~. and MFs. Fa~'~.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1975
Pa~e Ten
F. OLD BUSINESS
F-I: T~bbets Garage
Mayor Elson explained that a bill had been submitted fi.om Tibbets Garage at the
last regular meeting of the Council x*equesting payment fi.om the City fn the amount
of $I,152.80 for closure time of their shop at the o~der of the City and attorney's fees.
Mayor Bison stated he felt the Council should respond in some manner.
Mr. Wise, City Mana~e~, advised that a repert of events was fncluded in their
packet for review.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambar~an, that the City is
herein not liable for any of the charges as submitted by Tibbets Garage and would,
therefore, not pay the bill as received from Tibbets Garage.
l~otion passed unanimously by roll call vote.
Mayor Bison directed Administration to advise Ttbbets Garage acco~d~ly.
G. NEW BUSINESS
Bills to' be paid - bills to be r~fed
Mt.. Wise advised that all bills were budgeted items and Fecommended approval.
NOTION:
Councilman Sweet moved, seconded by Councilman Ambart~n, fox* approval of
bills to be paid and appx*oval of items to be ratified as listed[-
Motion passed unanimously by ~oI1 call vote.
G-2: _O~dfnanee No. 31,7-76 - Clax~ Ordinance No. 240-?4 & IL~?~_~ it as to ~;~
Mayor Bison read Ordfnance No. 317-76 by title only as copies had bean made avail-
able to the public. ,an erdinanee of the Council of the City of Kenai, clax*lfyin8
O~dinance 240-74 and ltmtttn~ it as to time".
]~h,. Wise explained that the Council had previously passed Ordinance 240-74
px*ovtdinl~ that deferment of payments of Special Assessments may be obtained
by certain property owners which has created cet~ain dtfi~-ulties for administ~ation.
Ordinance 317-76 would allow for the Council to ~ant o~ deny requests for
deferment, the defer~nents would be ~anted only to the owners requesting them and
would not be passed on to their successors in tiffs and also that the defm'ment would
end automatically on each individual parcel at the earliest of five years fx*om date of
~ant; date of t~an_~et- of title or date improvements are connected to water and
KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Eleven
MOTION:
Councilman Ambarlan, moved, seconded by Councilman Whelan, for introduction
of OFdinance No. 317-76, clarifying Ordinance No. 9-40-74 and limiting it as to time.
Motion passed unanimously by roll call vote.
G-S: Ordinance No. 318-76 - Transferrin~ funds ~ complete Animal Shelter and
.d. eelartng an emergency
Mayor Elson read Ordinance No. 315-76 by title only as copies had been made avail-
able for the publio. "An ordinance of the Council of the City of Kenai, Alaska,
transferring funds for the purposes of completing the Animal Shelter and declaring
an emorl;eney".
Mr. Wise rated that this ordinance was requfl'ed foz. the necessary fundfng to
lay the electrical line to the new Animal Shelter fhcility and because of the weather,
administration requested that this ordinance be declared an emorgancy so that
construction could proceed without delay.
Councilman Ambarisn stated he objected to the bad planning'fn the construction of
the facility fn that more funds were required and the ordinance had to be declared
MOTION:
-' Counethnan Ambarisn moved, seconded by Councilwoman GHek, for introduction
of Ordinance No. 318-76, with the deletion of Section 2, declaring the need for an
~. Wise advised that the shelter would have to closed down without the installation
of ~ for heat and lights.
Motion failed unanimously by roll call vote.
Councilman Mor~n objected to the feet that the additional fundings would be
coming out of Airport O&M and asked if this would mean a depletion in funding for
repairs to the Funway? Mr. Wise advised that funds had been budgeted for the
repalFs to the Funway -- patching of the asphalt, etc. and that these monies rem~dn
untouched by this transfer of funds.
MOTION:
Councilman Ambartan moved, seconded by Councilman Whelan, for introdueflon
of Ordinance No. 318-76, tr~nsferFing funds to complete the Animal Shelte~ and
deelatqng an emergency.
Motion passed unanimously by roll _,~__~1_ vote.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Twelve
MOTION:
Councilwoman Gliek, moved, seconded by Councilman Morgan for adoption of
Ordinance No. 318-76 transferring funds to complete the Animal Shelter and declaring
a~ emm'geney thereby enacting the effective date with passage of Ord. No. 318-76.
MOTION - Amendment
Oouneilman l'.Iorgan moved, seconded by Councilman Whelan, to amend the motion
deleting "Repairs and Maintenance" and placing in-lieu thereof "Contingency -
General Fund".
Councilman Sweet inquired as to why administration had taken the monies out of
Airport O~VI and was advised by Mr. Wise that he did not like to take funds out of
contingency and preferred to take the funds out of those areas that were more
feasible. The contingency fund has been reduced to $22,000 further advised Mr. Wise
and additio_n_~! funds will be needed for insurance coverage, etc.
Counotlm__an Morgan, with consent of second, withdrew his 'motion.
MOTION - FOR ADOPTION
Passed urm*~mously by roll call vote.
0--4:
G-S:
Ordinance No. 319-76 - Senier Citizen N .utrttional Pro,Tam
· Resolution, No. 76.-61 - Auth.0ri.z~. ,~' Ac. ceptance of Sr. Citizen Nutritional Pros~m
Mayor Bison read Ordinance No. 319-76, by title only as copies were distributed to
the public prior to the meeting, nAn ordinance of the Council of the City of Kenei
increasing estimated revenues and appropriations in the amount Of $36,533 under
the budgetary guideline entitled *Title VII Nutrition l'rogram~ in a special revenue
fundn . Mayor Bison read Resolution No. 76-61 also by title only, #a resolution of the
Council of .the City of Kenai authorizing' the acceptance of funds for Title VI~ Nutrition
PTogmm, and authorizing the City Manager to enter into agreements for Implementation
of the nutrition programn.
Mx,. Wise Fepox'ted that he had been advised by telephone that the State had accepted
the project and the City had received a telegram from the Salvation Army advising
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-61, authorizin~ acceptance of Sr. Citizen Nutritional Program.
Motion passed un_~!~ously by roll call vote.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, for introduction of
Ordinance No. $19-76, increasing estimated revenues and appropriations in the
~.mount of $56.5~*·undcr the bud~et_,t.-~- ~id~llne entitled *'Tille Vll IIut,-'~,tton
Px, o~am" in a special revenue fund.
Mayor Bison questioned why the City could not Just contract with the Salvation
Amny and let the Salvation Army handle the entire proiIram? Mr. Wise advised that
the Salvation Army would not enter into this type of am-angement with the City.
Councilman Whelan questioned the wording in the contract such as the word ~supervision
and questioned if the City would not be entering into an employee/employe~ type of
situation. Mr. Wise explained the contract end its affect on the City. Mayor Bison
stated he felt that a more simple agreement should be made ~ either the Salvation
Army is I~oinlI to be the contractor ay the City of Kenai. Councilman Whelan stated
he felt the contracts themselves put a very heavy burden on the City.
QUESTON:
Motion passed unanimously by roll call vote.
Delete
Resolution No. 76-55 - R. eimbm, sement from State - Street _Lights in Urban Section
Mayor Bison read Resolution No. 76-55, "Whereas, the State of Alaska,.Depa~;~ent of
Highways, bas a~feed to reimburse the City of Kenai for distribution power costs
of street lt~hta on the Kenai Spu~ Highway designated as safety illuminators, and
Whei-eas, the City to obtain such reimbursement must a~ee to maintain said lights
in a working orde~ from the base up, and Whereas, such a~n. eement iS deemed to be to
the best interests of the City and will permft to .receive approximately $2,000 annually
and retrosetively approximately $5,800 for prior yea~s. Now, therefore be it resolved
that the City Manager is hereby authorized to enter into said Maintenance A~reement
with the State of Alaska, Department of Highways."
MOTION:
Counei!m__en Mm'gan moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-55, l~_-!_m_bu~sement from the State with relIa~d to street lights in
the urban section.
Motion passed unanimously by roll call vote.
G-8: Resolution No. 76-56 - Public Works Capital Development & Investment Act of 1976
Mayor Bison read Resolution No. ?6-56 - "Whereas, the Con~ess of the United States
has adopted and appropriated funds and the President of the United States has si~ned
a ~ater Improvement Project of which only pa~t of the project could be funded and a "
major phase of that project, namely the Closed Storage Water Reservoir, had to be deleted
due to coat overrun. Now, therefore, be it resolved by the Council of the City of
Kenat that the Ciy Manager be hereby authorized to apply for 100% funding in the
amount of $1,399,420 for the construction of the severly needed Water Reaex*votr phase
of the Keani Water Improvement Project as authorized by the Local Public Works Capital
Development and investment Act of 1976. ~
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-56, Public Works Capital Development & Inve~ent Act of 1976
Motion passed unanimously by ~oH ~ vote.
G-g: '.Resolution No. 76-57 - Rezoning a ceftin tract of land in the Ctt~ of Kenai
Mayor Bison read Resolution No. 76-57 by flfie only, Wa resolution of the Council of
the Ciy of Kenai recommending that certain property in the vicinity of the Kenai Spur
Highway and Beaverioop Road be rezoned from Suburban residential to to General
M~. Wise advised Council that he had met with Mr. Rhodes of Homer Electric Association
and NI~. Rhodes indiealed that HEA wanted to locate a gas turbine generator within the
City on that portion of property immediately north of the p~oposed rezoning.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, for adoption of
Resolution No. 76-57, rezoning a certain tract of land in the City of Kenal and amending
such resolution to add Red Zone #1 to General Commercial and Blue.Zone #1 to Light
Industrial (per map attached).
MOTION - AMENDMENT
Councilman Morgan moved, seconded by Councilman Who~_, to mend the motion
to move the red line along Walker Lane westerly 150 feet.
1V/~s. Ruby Coyle, with Council approval, commented that she believed it was not
feasible to take in this erea as it is prime resident~R! land. Councilman Ambartan
agveed,howeve~, advised that there had been some interest expx*essed by people
for comm__ercial uses. 1Vlr. Wise advised that General Commercial provides fox* multi-
density apax*tments. Councilman Morgan asked ff the ADAP study would not provide
infox*mation on land use? Mr. Wise responded that it would but the study would not
plat out the lands.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Fifteen
QUESTION:
Motion failed by roll call vote. Voting no; Ambarian, Glick, Sweet, and Elson.
Voting yes; Morgan, Whelan, and Ackerly.
Councilman Ambarian moved, seconded by Councilman Morgan, to amend his motion
to include in subdividing of the property, a conservation zone be provided west
of Walter lane to retain residential character of Walker Lane area.
Motion passed unanimously by roll call vote.
MAIN - AS AMENDED
Motion passed by roll call vote with Councilman Sweet voting no.
O-10: _R_esolution No. 76-.58 - Setting date for public hearing 'on old library buildin~
Mayor Bison read Resolution No. ?6-58, ~v~'hereas, the City of Kenai Advisory
Planning and Zoning Commission has recommended by resolution that the old library
building and lends be released fi, om dedication to public use, and Whereas, such
release from dedication mus~ be considered at a public hearing. Now, therefore,
be it resolved tlmt a public hearing shall be held on Wednesday, November 17, 1976,
at the regular meeting of the Kermi City Council, to determine the public's desire
as to future use of the Wold Kenai librax;y building and lands*.
MOTION:
Councilman Morgan moved, seconded by Councilman Aekerly, for adoption of
Resolution No. ?6-58, Setting a date for public hearing on the old library building
and lands.
Motion passed unanimously by roll call vote.
G-Ih Resolution No. 76-59 - Accepting Local Service Roads & Trails ~o~'~em Funds
Mayor Bison read Resolution No. 76-59, "a resolution of the Council of the City of Kermi
accepting Local Service Roads and Trails program funds in the amount of $70,287 for
the years 1977, 1978, and 1979. Whereas, it is necessary to have a plan approved
for Local Service Roads and Trails, end Whereas, the City wishes to use such funds
to accomplish gravel surfacing of existing City streets and to pave Forest Drive
extended, and Whereas, to meet the d~gaH,te prescribed, a plan was presented to the
State by the City administration. Now, therefore, be it resolved that the Council of
the City of Kenai hereby confirms the action of City administration and accepts
$?0,28? in Local Service Roads and Trails monies and hereby directs that such monies
be used in accordance with the plan attached hereto as OAppendtx A ~.#
II
KKNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Sixteen
MOTION:
Counei~l~_m_an Sweet moved, seconded by Councilman Morgan, for adoption of
Resolution No. ?6-59. accepting Local Sex-rice Roads and Trails program funds
in the amount of $70,287 for the Years 1977, 1978 and 1979.
Motion passed unanimously by roll call vote.
G-12: Resolution No. 76-60 - Raising Ordinance 310-76 from teble & setttn~ h_e~_?lng date
Mayor Elson read Resolution No. 76-60, "a resolution of the Council of the City Of Kenai
to raise Ordinance No. 310-76, "an ordinance of the Council of the City of Kenai
revising Schedule *'II' of the Schedule of rates for users connected to City Water
and Sewer Systems" from the table and setting a time for a second reading and public
hearing#. This resolution was read by title only as copies had been made av, t~l~ble
to the public.
MOTION:
Councilman Sweet moved, seeorlded by Cotl~e41man Whelan, for adoption of
Resolution No. ?6-60, ratstn~ Ordinance No. $10-76 from the table and setting
a hearin~ date. ~ ·
Motion passed unanimously by roll call vote.
G-13:
Resolution No. 76-62 - Contract(s) Inspection Service - I~DA Water Well Proj_,_~*
Mx.. Wise requested this matter be discussed in an executive session dix. eetly
following the last item of business on the agenda.
Resolution No. 76-63 - Chanf~e Order - EDA Water Well. Project
Mayo~ Bison read Resolution No. ?6-63, "a resolution of the Council of the City of
Kenai authorizing Change Order #1-to the EDA Water Well/Transmission Line Con-
struetlon project. Whereas, the initial design of the transmission line phase of the
well/transmission line project called for a 60 foot pass-through ~asing for the c~ossing
of the Kenai Spux. Highway, and Whereas, the State of Alaska has requh, ed a 120 foot
pass-tht, augh casing to meet future, contemplated road widening of the Kenai Spur
~t~ghway. Now, therefore, be it resolved that the City Administrator is authorized
to execute Change Order #1 in the amount of $12,000 to enable compliance with require-
ments of the State of Alaska, Department of Highways and be it resolved that the City
Administrator is directed to request approval of said Change Ox'der #1 by the Economic
Development Administration to authorize said $12,500 be reaHecated from Contingency
to Const:ructfon."
KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Seventeen
MOTION:
Councilman Morgan moved seconded by Couneflman Sweet, for adoption of Resolution
No. 76-63, Charge Order #1 - EDA Water Well Project.
Mr. Wise reported to Council that this Change Order was necessitated at the request
and direction of the State Highway Department.
Motion passed by roll call vote. Vot~ yes; Mergan, Whalan, Ambarlan, Oliek
and Elson. Votfn~ no; Aekerly and Sweet.
G-15: Ree.~.lu.tton No. 76-64 - Rea.sses.smont of Certain W/S Improvement district tn Kenal
Mayor Bison read Resolutfon No. 76-64, by title only UA resolutfon of the Council of
the City of Kenai directing that certain Water and Sewer Improvement Districts of
the City be reasseseed% as copies were made ava!!~h_le to the public.
MOTION:
Councilman Whelan moved, seconded by Councilman Sweet, far adoption of Resolution
No. 76-64, dt~eet~ that eertatn water and sower improvement disl~icts of the City
of Kenai be reasaessed.
Motion passed unanimously by roll call vote.
G-16:' Assi~nmont of Lease - Gerald L. and/or Alexis Wasson to National Bank of Alaska
Mi,. Wise advised Council that this sssignment of lease fi*om Gerald L. and/or Alexis
Wesson to National Bank of Alaska to the National Bank of Alaska was on Lot ~,
Block 2, of the Gane~al Aviation Apron fer the pm, poses of collateral.
MOTION:
Couneliman Amba~lan moved, seconded by Councilwoman Olf~k, for approval of
assignment of lease of Lot 2, Black 2, General Aviation Apron, fi'om Gerald L. and/or
Alexis Wasson to National Ba~k of Alaska fo~ the pu~posos of collateral.
Motion passed unanimously by roll call vote.
H. REPORTS
H-I.' City Manaerer's Report
City Manager's Repm-t ~t is attached hereto fn its ontirety and, therefore, becomes
par~ of the offiehd t~m~4~rtpt of the p~oeeedings of the meeting.
Ifil I[I
i
KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page F,i~.hteen
H-2: .Ctt~ Attorney's Report
PEP Suit - Additional information is required by the City before further
action.
Tidelands - At this point in time, the City has not been advised if the ruling
ts going to be appealed or not.
H-3: ~ayor's Report
Mayor Elson stated that with re~ard to the Differential Tax Zone request -- the
Counotl should take some action in response to the petition. Mayer J~lson reported
that at the work session when the matter was discussed the members present felt
the ~Teatost fit*Pa of ~ort~erll was that of streets, however, the petition did not
spell out the areas of difficulty. The feelings at the work session were that ff it is
possible, it would be best to grant relief "across the board". Councilman Ambarfan
stated that one main problem will be determining the priority streets. Councilman
Morgan stated that Kenal has so many roads that are merely trails end sub-standard
roads that the City should proceed with Up-grading them. l~{ayor Elson stated that
the City must define and set standards on all new subdivtsion's streets. -
MOTION:
Coune:D~uan Amberlan moved, with no objection from Council. to table the consideration
of the petition for Tax Dffferent~! Zone until after r .eqetpt of the annual audit.
11-4: Cit~ Clerk's Repert
None
H-§: ,F, fn.anee Df~eeter's Report
NOlle
H-6: Plennint~ & Zon,~ff Cq.mmissien's Report
Councilwoman Gltek reported on the Planning & Zoning Commission meeting of
October 13, 1976 in whioh the Commission held a public hearing on a request for
variance from _m_ tnt__nuun side yard requirement in a Light Industrial Zone for Kenai
Ah' Service. Also up for Commission consideration was approval of cons~-action on
airport lands, Lot 3, Block 2, General Aviation Apron - Kenal Air Service and
Anglers Acres Subdivision, Part One - Final Plat.
H-?: .K__,~__~. Peninmfla 9oroul~h AssemblF, s Report
Mayor Bison reported that Borough Assembly had two meetings - October 12 and
' Il I[' ...... II-I'['
KBNAI CITY COUNCIL, REGULAR MEETING. OCTOBER 20, 1976
Page nineteen
Oetober 19. Mayor Bison advised that a Sales Tax meeting would be held
November 2nd at 3 p.m. in the Borough Building.
PKRSONS PRESENT NOT SCHEDULED TO BE HEARD
None
There being no fm'the~ business to be brought before the Council, Mayor Elson
requested the Council move to othe~ quarters fo~ the purpose of. an Executive Session
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan, that the Council
adJom, n to an Executive Session fo~ the purpose of diseusstn~ the eentract (s)
for the inspection se~wtees for the EDA Water Well PFoJeet.
Motion passed tmantmoualy.
Mayor Elson brought the regular meeting of the Kenai City Council back to orde~
at 2:23 a.m.
MOTION: '
.Councilman .Morgan moved, seconded.by Councilwoman aliek, to authorize the
City to enter fnto an inspection servtee oont~act with Garth Peh~son pending approval
by the F~onemte Developmen~ Admtntsh, a~n.
Motion passed by roll call vote. Voting yes; Morgan, Ambar~m, Glfck, Elson.
Voting no; Whelan, Sweet and Aekerly.
The~e being no fm~e~ business, Mayo~ Bison adjourned the meeting at 2:30 a.m.
Respectfully submitted,
Sue~. Petm,, City Clerk '
CITY MANAGER'S REPORT ~3
October 15, 1976
ADMINISTRATION & FINANCE
K~enai Property Owner's Association
A resolution has been prepared and is on the af~enda to set a date for public heerinff
for reaesessment that the Council so directed followtn~ the ~.xeeutive Session at
the last masting. It should be noted here that the time-frame identified in the
resolution has to provide for a letter notification to each effected property owner.
This is why the hearing is set for December 1, 1976.
Airport StudF :.
We expect to receive from ou~ consultants the proposed grant application and desiL, n
study early this week on er about the 19th or the 20th. It will be distrfbuted to the
Airport Advisory Commission for their review and comments and foHowin~ their
Initial review, we will have a meetin~ to diseues the proposal. In the event, it ts
felt that adrl!~op~o! input is desired fi'om the consultants, we will ask one or more of
the consultants to acme to the City to discuss it with us.
Senior C,,t, ,en's Nutrltfen .Pro Tum,
We have recalled word that the grant application for the Nutritional Program has
been approved. We have on the agenda a resolution authorizing* the acceptance of
the grant and author~ the negotiation of contracts for implementation of the grant.
Additionally, we have an ordinance on the agenda which will set the budget for the
project and, of course, requires a formal budget transaction establishing appropriations,
revenues and setting the categr~ies for expenditures. These items have not been pre-
pared inasmuch as we have not received the letters per se. As soon as we receive
the offteisl documentation, we will complete the resolution and the ordinance and be
able to Oplug tn~ the numbers applicable. We prefer to approach it this way rathe~
than delay the project far another two weeks.
AhT Or .d mce
Copies of this erdinanee, as introduced, have been mailed to local fixed base operators
and the FAA for their infomnatton and review prior to the public hearing this coming
Wednesday o
Assess?nent Ordinance Amendment
We have an assessment ordinance amendment. This relates to fi special ordinance
which was passed in relation to a special situation for owners of a large number of
individual lots. Again, this is a situation where there is a dangling situation and
this amendment in effect is to close that and provide for proper administration of
that c~dtnanes.
CITY I~q~IAG£R'S REPORT #3 - Page Two
S. ,.l~..an, e,lel sta,tus Ret~-t
10.
An abbreviated Financial Status Re_port is attached. I would like to draw yov..~
attention that as of the 31st of September, a quarterly report if we are on-target in all
categories, our income should be approximately 25% of that estimated and our
expenditures, encumbrances should also equal 25% of the projected budgets. Detailed
reports will be available for Councilman Whelan and Councilman Amt, o...~ian on Tuesday
er Wednesday. We will have them for them at the meeting in accordance with thei~
expressed desires.
Grant AppHoation for the Water Storage .Reservoir
The attached resolution authorizes the admLnistl, aflon to file an applfeaflon w~th EDA
under provisions of the Public Works Employment Act of 1976. The application will
request a g~nt of approximately $1,400,000 to cover 100% of the costs as of the date
of applleation for all activities pertaining to the eonst~uetion of the reservoir,
Tfbbets Gara~*e
The request f~om Mr. Tibbets for reimbursement for the closure of his garage and
legal fees is also inch~ded under old business on the agenda. Attached to the report
is a statement of history pertaining to the T~bets situation. Also attached to that is
a legal opinion from the City Attorney. Resolution of this matt~ is, of course, at the
pleasure of the Council.
Hearln~ by the City Council sitting as a Board of Ad~uetment for the City of
Kenai in the matter of the Baptist Temple
You will find enclosed in your folders fer the night of the meeting a legal opinion
by the City Attorney as to the issues in t_b]~ partisulal, ease and a draft resolution as to form
pertaining to yom. findings in the mattor. Some of the agencies that.the admini~ii;ation
has requested to appear are the State Department of Enviro_n_m_ental Health. The
$_~!taX~m*~ will be able to give testimony as to the public healtli rules and regulations
pertainin~ to the operation of a church/school. We will have otu~ Fire Chief av_~il~ble
to relate City and State requirements as to fire safely. We expect that we will have
domunentatisn from the State Department of l~dueatlen in Juneau as to the requirements
for certification for a sohool of this type. It is, of course, u'p to the Council as to what
they desire to have presented into the reeord as a matter of evidence.
,Petition for Tax Dtiforentt.~!
A work session was held Thursday night the 14th in the Publfe Safely Building
to diseuas the peri, on for a Tax Differential Zone. The administration's position
is that we have no way of really identifying the serviee for which a tax differential
is bein~ requeeted. We have made a presumption that relates to road maintenance.
This may or may not be the ease as the petition does not alearly identify these lack
MANAGER'S REPORT #3 - Page Three
] .{ of services alleged. However, administration also feels that the tax differential
[ ]. sftuaflon would be opening a "Pandora's Box" and be nearly impossible to apply
! ~-;~_] in an equitable manner to any part of the City. Further, we would recommend that
two aclio~a be iali~i~ by the City. One timt we establisA a recon~i~ction program
of those which are obviously bad streets and which the City has accepted for maintenance.
Secondly, we establish by ordinance or by Borough ordinance a subdivision requirement
which would r.~quire for a developer to place a cash escrow or performance bond to
insure proper developm~.~t of the streets he has requested in his development. As an
adjunct to that, we could also request fo~ funding of his share of off-site improvements
which would be a tremendous asset to the City and protect the City from a ~fly by night~
devsloper, speculator, selling homesites to a gullible publio,
il. Zoning Resolution
This resolution relates to a proposed zoning chan~e of City-FAA lands in the vioinity
of the Spux- Highway and Beaverloop. The Planning Commission is recommending
in accordance with the map attached thereto by reference a rezonin~ from rural
restden_ff_ol_ to general commercial. However, included in some of this re-zoning is a
area cmwently shown as c0.nsex~ation. I would make this commeni -- it is much more'
desirable to rezone the entire a~ea as general commercial and then as the City is the
owner, we can by mu*vey and plat desi~mtion protect those environmental
concern areas by designing lots which ere undersized or odd-shaped and v_n__mfltable
fo~' further develspment.
12. Resolution. ,on Old Libra~ Bufldt_n_~
The Planning & ZoMng Commission has adopted a resolution recommending the Council
set a public hearing to determine the use of the old Library Building and lands.
This resolution was proposed by the admint_~tration as we will be moving the library
in the next few days. We need instructions from the City Council as to what to do with
this parflouler tmfldtng. Hopefully, we will not be future landlords'of a building which
· eflTettably we must consMer inadequate and perhaps dangerous.
1~. ,Roads & Tra~ls FY??,78 ii 79
Attached is a resolution to the State requesting sllecation o~ confirmation of a program
for Roads & Trails for 1~ 77, 78 and ?9. It must be noted that these are antioipated
funds inasmuch as they ilo before the voters on November 2, 1976 in the State Bond
Issue fo~ Roads. Therefore, there is no assurance that the mcamlre will be passed
and the funds actually will be available. To meet a deadline, the administration has
proposed what is shown on the resolution. Again, we will point out that this is only
an initial commitment that we do have or wffi have a program. The actual fundfng of
any activity will be by the Council in approprdate leglslatory action making definitive
appropriations and s~iilng definitive projects. So this is not binding on the Council
at this time othor than to say that we wa_n_t the monies from the State fo~ applioation on
Local Roads & Trails pro~Fams.
CITY MANAGER'S REPORT ~3 - PAGE Pour
Bills for approval and ratification
We l~av~ one ~aJo~' bill and tl~t i-~ *~ Auditor's !~e f~r a _~n,Af~ant ~-,--~ whk. h, of
course, has been appropriated and is in the budget and needs Council approval at this
tL~e.
e
DBPARTMBNT OF PUBLIC WORKS
Forest Drive Water Line
All eonstmleflon is complete and final clean-up as well as street patehin~ and tn-
stallatfon of gate valves and markinll posts has been completed. As-builts have been
Fecoived and are bein~ sent to the Department of Env~onmental Conservation
and the State for thef~ approval so that We can receive the State fund~.
Animal Shelter
Construction of the Animal Shelte~ has been stopped at this time due to the lack of
elee~ieity. We are,' theFefere, submittin~ an emergency ordinance for fundin~ so
that we mm provide eleotrieity to the facility.
Warm Steraf~e 'Bufldin~
The wamn storage buildin~ is now WARM, howevar, li~htin~ has not been completed.
The proJeot should be complete with the li~htin~ this week.
EDA Water, Well Transmission Line
Cleartn~ fer the Well House and for the water line is complete. The footings for the
Well House have been poured and back-filling compaction of the slab is in pro,Tess.
Pouflrlge fo~ the two htfhway erossin~s have been eomplsted and dismantling of the
old well houoe on Caviar SWeet is proceeding. However, we have tun into a sna~
already on this project and we are askinfl by resolution fer approval of Chan~e Ordar
Jl in the amount of $12,000. The design of the project was for a 60' under-the-roadway
erossin~ and the State now requires that we put in a 120' erossinf; castings, To do
this we need a $12,000 Change Order which is listed as a resolution on the a~enda.
Kenai Boa, t Harbor Road
Construction of the road has stopped due to the rains and possibly will not continue
until next summer. A small amount of base matel~al is still needed plus ~avel for
8tu'faoin~ of the enth~e ~oad.
CITY MANAGER'S REPORT #3 - Page Five
Redoubt Terrace Subdivision
Cono~-.~cti~n ~ thc w~t~r ~nd ~c~-~r lin~a ?~v~ b~n complete. ~,~ ~re o-~,,~ in thc
process of testing s~me.
Electrical Contract - Sewer Plant
Most of the electrical work has been completed by Kenai Electric. There is some work
that has to be aocomplished by the City crew, hopefully, this will be completed in the
very near future.
Street Crew Activity
The street crew has been finishing up some drainage problems prior to freeze-up and
~_~,z~ win~s and blades on our snow ~'emoval equipment.
Water and Sewer Crew
The water and sewer crew alon~ with the Fire Department a~e in the process of
flushing all mains and hydrants throughout the City prior to fl'eeze-up. The water
and sowe~ c~ew are also turnin~ off water and draining all wate~ lines to the parks.
10. Commendation fo~ the Animal Control Officer
We have had some comments from the public relative to the Animal Control operation
and, in particular, had a call from one young lady eommendin~ out' Animal Control
Officer, Ken $itrtla, for hfs activities in flndin~ a lost cocker spaniel which,
incidentally, he was blamed for losin~ on the radio. The allegation was withdrawn
and the people are very happy with bi_~ activities.
EDA Tran,smlesion lnspeeg, on,
Gat, th Pehrson*s contract is now in the process of being finalized. We have his
initial proposal, howevex*, there are certain counter-proposals administration will
make. This will requite him to become essentially an independent contx, aetor with
appropriate le~d requirements. ' Since we expect to be providing him with admini-
strative support, transporiaflon and so forth, we will insure that there is a charge
which is rebated properly to the City as a part of the contract.
l~. Street Lighting Agreement with the State .H. ighw.ay ,Departmsnt
I have placed the a~reement on the agenda for approval by th~ Council. However,
I am having discussions with Phil relative to the requirement to detail inspect the
lighting system before we accept it. Hopefully, we will resolve that so that we can
move the resolution at the Council meeting.
1
ri Il ' · Ill ..........
CITY MANAGER'S REPORT #3 - Page Six
13. State Hil~hwa~ Reconstruction of Forest Drive and Redoubt Avenue
I have received no answer from the State as to my letter of complaint to them last
w~a~,k. If I do not receive an ans'~r in ',he n~ar fi~tm.e, ! will n~.s_ke sddf~lon~! con~et
with that office.
1~. Water and Sewer PermR Fees
We have on the agenda a resolution to raise ~rom the table the water and sewer permit
fee ordinance. Since another public hearin~ is required, at this thne the resolution
will simply call for a public hearing at a future date. We will have completed all
aspects of the ordinance at that time.
15. Little SM-Mo
a. On the lot the. Little SM-Mo is located, there are two structures - a trailer
(residence) and the Little Ski-Mo (the business). In 1969, water and sewer fie-in
permits were obtained. In 1972 watm~ and sewer connections were reported as being
made. As of that date, October 1972, billing was commenced as to commercial rate for
The trailer has had both water and sewer and the little Ski-Mo as of May-June
1976 had only water. Sewer was available but the Little Ski-Mo was not fled into
,the public sewer. The Department of Health, State of Alaska, reports that on 6-25 '
the sewer of the Little Ski-Die was tied in to the line x*~__n__n__t~g from the trailer to
the sewer main.
The property has had sewer end water and was billed correctly. No rebate is
properly due. It is recommended that the motion providin~ for rebate be resotnded.
b. Gusty Subdivision Lot 3 - New Ski-Mo. In 1970, water assessment ealc~tlatlons
for the three lots of the subdivision were made. Such assessment charges were
to be made as "payment in-lieu of assessment" in the mount of $4,364.23.
In 1972, reeerds indicate and apparent agreement to "pay b__~!e of the cost of
sewer and water hook-up when no sewer line was found as indicated on the City
drawinlls". That was annotated on a bill to Mr. Ferguson, the owner at the time.
In 1973, records indicate an allowance of $2,200 was made in regard to the "non-
existent sewer line". In 1975, records indic, ate sewer lines had been extended by the
then owne~ as he sought relie~ f~m penalty and interest that he was then owing.
CITY MANAGER'S REPORT #3 - Page Seven
By inference it appears that by virtue of the allowance of $2,200 to the lease
rental the Lessee had, in fact, extended sewer lines at his own expense. This is
further verified by the request for relief of 1975. Logically, it follows that a prudent
man would, when extending facllfties such es sewer, extend them to the degree of
servtng all identifiable properties fn his control -- in this case Lot 3. It is, therefore,
concluded that the City could reasonably accept lnfox~nation that the sewer main
extension to include Lot 3 did exist. Claims for non-existence of sewer mains on
Cohoe or Birch Street extension abutting Lot 3 should, therefore, be made to the pre-
eedf~ owner of recerd.
CITY OF KENAI
ORDINANCE NO. 316-76
~,' '~""'"'^~'~"" OF ~'UE COUNCIL OF
MUNICIPAL AIRPORT REGULATIONS
WHEREAS, the Council of the City of lfenai, Alaska, finds that the following additions
to the Airport Regulations are desirable.
NOW, THERI~FORI~, BE IT ORDAINED by the Council of the City of Kenai, Alaska that:
The 1976 Kenai Municipal Airport Regulations, as amended, are hereby
filrther amended as follows:
Section 1:
read as follows:
There is hereby added a nov; Section 5.070 which shall
5.070: All Lessees on the airport shall be responsible for keeping
all aircraft parked on their leaseholds enti~.ely within the boundaries of
the leasehold with no wing, tail, nose or other portion of the aircraft
extending over such boundaries.
follows.'
Section 2: Section 5.020 is hereby amcnded to read in its entlre~, as
5.020: No person shall park an aircraft or moto~- vehicle in any area. '..-..
on the airport other than that prescribed by the Airport Manager.
Parking of transient helicopters and heavy aircraft, loading and
unloading shall be limited to the area known as the l~orth Ramp.
Pm'king for transient Hght aircraft shall be primarily the South
Ramp, Overflow shall use the North Ramp (See Appendix I -
Airport Sketch Map attached hereto).
Seat[on 3: There is hereby added new Sections 5.021, 5.022, and 5.023
which shall read in their entirety as follows:
5.021: Aircraft or motor vehicles in violation of Section 5.020 may be
impounded at the discretion of the Airport Manager. Impoundment may be
accomplished by affixing a seal to the door of the aircraft or vehicle or the
moving of the aircraft or motor vehicle for impoundment purposes. Incon-
venience or damage that may result f~om such movement will be at the risk
of the owner.
ORDINANCE NO. 316-76 - Page Two
5,029; An impo. edmont fac of .t,!00 pl.. tow~e fcc et eo~ ;.hah be
charged on each aircraft impounded and a storage fee of $50 per day shall
be charged for each day the aircraft remains impounded. An impoundment
fee'of $50 plus towage fee at cost shall be charged on eaeh vehicle impounded
and a storage fee of $25 per day shall be charged for each day the vehicle
remains impounded.
5,023: All impounded aircraft or vehicles which are not redeemed within
90 days after impoundment shall be considered abandoned and shall be subject
to sale at public auction. Notice of any auction shall be published. Publication
shall bo in a newspaper of general circulation in that area for at least once
during each of three consecutive weeks not-more than 30 days nor less than
seven days before the time of the auction.
Sc, etlon 4: The definition of MOVB1WI~NT AREA in Section 1.000 is hereby
amended to read in its entirety as follows:
MOVEI~ENT AREA - The xamways, laxiways, and other areas of an
airport which are utilized for taxiing, takeoff, and landing of aircraft,
exclusive of loading ramps and parking areas. At those airports with a tower,
specific approval for entry on to the Iflovemen! Area must be obtained from the
tower whenever it is in operation.
Section 5: Section 8.090 is hereby amended to read in its entirety as follows:
,8.090: Helicopter landings end take-offs for resident aircraft exe limited
to their respective designated pads or from those areas designated for transient
helicopters. Transient helicopter landing and take-off areas are (a) the move-
ment area adjacent to the terminal ramp and Co) that section of Taxtway C
parallel to the runway (see Appendix 1, Airport Sketch Map, attached hereto).
Helicopter landings and take-offs at places other than those designated must be
cleared by the Airport Manager o~ his representative. Emergency operations
will be as directed by Federal Aviation Administration personnel.
ORDINANCE NO. 316-76 - Page Tlu'ee
Section 6: Section 1.000 is hereby amended to add definitions for
aheavy airerafl' and "light aircraft" which shall read in their entirety as follows:
HEAVY AIRCRAFT - refers to any aircraft weighing 12,500 pounds
or more,
LIGHT AIRCRAFT - refers to any aircraft weighing less than
12,500 pounds.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this 20th day of October, 1976.
JAMES A. ELSON, MAYOR
ATTI~ST:
Sue C. Peter, City Clerk
FIRST READING: Oetobez' 6, 1976
SECOND READING: October 20, 1976
EFFECTIVE DATE:
ORDINANCE NO. 316-76 - Page Tin'ce
Se~ticn 6: Section 1.000 is hereby amended to add definitions for
#heavy aircraft" and "light aircraft" which shall read in their entirety as follows:
HEAVY AIRCRAFT - refers to any aircraft weighing 12,500 pounds
or more.
LIGHT AIRCRAFT - refm's to any aircraft weighing less than
12,500 pounds.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this 20th day of October, 1976.
ATTI~ST:
JAMBS A. BLSON, MAYOR
Sue C. Peter, City Clerk
FroST READING: October 6, 1976
SECOND READING: October 20, 1976
EFFECTIVE DATE:
i
t
APPENDIX 1 - AIRPORT SKETCH MAP
I i - mil Imll i
MEMORANDUM TO:
FROM;
DATE:
SUBJECT:
Honorable Mayor & Cit~ Council
Jan~_- C. WfllL%ns, CiW Attornc, y
October 19, 1976
LAW RELATING TO CONDITIONAL USE
PERMIT FOR KENAI BAPTIST TEMPLE
Churches are epeeifleally permitted tn rural residential, suburban residential
and urban residential zones as px-ineipal uses. Schools are permitted as
Conditional Uses in rural residential, suburban r~sidential and urban residential
Neither a church er school ere permitted in a general eommereisl zone either as a
prineipal or s~condary use or as a epeeifloally enumerated conditional use. There=
fore, if a church or a school or both are to be allowmi In a general commercial zone,
the requf~ements of KPC 21.75.140 (B-l) must be met. KPC 21.75.140 (B-I) reeds
as follows:
· 1. Uses not epeeffleally permitted in the zone concerned may be pet~nitted
p~ovided that the following conditions ere met:
Such uses must be sfmilar to px-lneipal uses permitted In the zone:
b. Such uses must be in harmony with the Intent of the zone.
In order not to confuse the issues, you should consider the request for church and
school separately. You may find that they are beth acceptable oi. unacoeptable ox. you
may find that one meets the reqtdrements of 21.76.140 (2) (A) and the othe~ does not.
With regard to the "Slmfler to Principal Uses" standerd, the following are the
prineipal uses in a general commereisl zone as set out In KPC 21.76.110:
I. Retail and wholesale businesses;
9.. Business and consumer se~dees;
3. Banks and businesses and professionnl offices;
4. Clinics;
$. Theaters and other co__m_m_ereial resrestion uses;
6. Hotels and motels;
?. Private eiubs, libraries, lodges, fraternal organizations, union
museums, att museums, and zoeial
8. Gasoline service stations;
9. Automotive sales o4~eneles;
10. Automotive repair and tire recapping,;
.'~
MEMORANDUM, Page Two
With re.ltd to the "in harmony with the intent of the zone" standard, the followL,~ is
the intent of the general commercial zone as set out in KI'C 21.76.110:
"The CG (general commercial) zone is established to p~ovMe for areas
whet'e a b~oad range of retail, wholesale and service establishments is
desirable. Uses are regulated to coneenlrate comm~efal development
as fa~ as possible and to prevent any uses which would have an adverse
effest upon nearby propel'ties. New single and 2-family residan_tinl uses
and some othe~ non-commercial uses a~e excluded from this zone because
a eomme~cfal area is a poor environment for such uses and beesuse it is
intended thnt ln~d in this zone be reserved for commercial purposes~.
Yom' deelston should be in writin~ end esntain findings of feet and conclusions
as to whethe~ the standm, ds are me~ for each of the two proposed uses. The decision
should be ~.ende~ed within thiety (30) days of the date of public heatdn~.
JCl: op
lienai ~eninsula Borough Plannin§ Commo
~ox 850
Soldotn~, Alaska 99669
Kenai Baptist Temple
P. O. Box 3905
Kenai, Alaska 99611
September I7, 1976
~enai Baptist Temple hereby appeals the decision of the Kenai Plannina
and Zonina Conmisston made on 9;9;76, at ~.~tch tt~e they denied issuance
o£ a c0ndftional use permit to Kenai Baptist t.o operate a church and
WinGs Christ[an ~ademy to operate a private scboo! tn a general commercial
zone at -the location described below:
Xract A~ Shadura $~bdivi~ion and Lots I and 2 of the replat
of ~ract A~ Shadura Subdivi~lon~ in the Kenat Recordin~
District.
~n¢lose~ is the required $~5 £~e required '~y~'[g~ Kenai Peninsula Borou2h.
Sincerely yours,
Robert Ho Larrabee
~o S.- As o£ this date we have not received ~r£tten notification of
the decision o£ the Xenai Plannin~ and ZoninsCommission,
CEIITIrlEI! '..:AII. I,I,~;T -
APPEAL BY IIOBEET Ii. LAIflI:U~EI.. KE:;AI BAPTIST TIi:IPI,I; I.'Oli COtII)ITIO'ttd,
AND ~T8 1 AI;D ~ OF g;IAI)UllA SUB. ~T8 1 AND 2 I{ITIilN TRA('T A
ASSESSOR'S PARCEl, NBR.
Oi.~i.'ER'S RAMIE AND ADDRESS
Northern Co~flercial Corp.
1110- 3rd
Seattle. ~ashi ngton 08101
Sean& lzetta O'Loughlin
Box 1765
Anchorage, AK ~95~0
Jam~s C. & ~ary L. Rookey, Jr.
Box 514
~enai, All 99611
Russian Church
Box 1227
Kenai, A~ 99511
T. Stanton ~ilson
301K ~treet - Suite 101
Anchorage, A[ 99501
Nilda Jean Boyer
~245 Caltf St.
~an Francis. co, California 94100
Etta L.
Box 3331
Kenai, AK
~lary O~kolkoff
General Delivery
Kenai, A~ 90611
Orland P. Reeve
General Deltvcr~
Kenat, A~9615
D. R. Ktmbrell
Box 3942
Kenai, AX 09611
~ildred ~. Ktr~patrtc~ et al
1300 £. 5th Avenue
Anchorage,
Rex E. & E. J. lilliams
Box 124
Kodiak, AE 99615
Doris ~. ~alkoeski et al
c/o ~ Investments
521 - 3rd Avenue
Anchorage, AK 99501
The Lath~opCorp.
Box 1540
Anchorage, AK 99510
047-030-0490
047-030-0500
047-030-0600
047-030-0700
047-063-0109
047-030-0800
047-063-0200
047-030-0100
047-063-0300
047-0~4~0100
047-064-0200
047-064-0315
047-064-0415
047-071~0100
047-071-~700
047-071-1800
047-071-0100
047-071-0300
047-071-0400
047-07~-~500
047-071-1500
043-100-0131
- - 7' : 7
047-06.1-0600
047-064-1000
047-064-0900
047-064-1100
047-004-0500
047-~20-1300
OIt':;}' E'i':
Box ],iS
K(~n:tt. AK
l;;~{'ney F:
l~ox
Kenai. AK 09611
Hary L.
Drawer
Kcnai, AK 99611
John l; Erma Hu]ieu
1050 3.
Charles, 1{i 4~655
Larry ~ Paula Attleson
General Dc] ivery
Kenai, AK 99611
Catholic hrchbishop of
Box 555
Kenai. ~K 99G]1
Kenat B:~ptist
Box 3905
Ke~ai. ~ 99611
Cit~ of
Box 580
Kenai, AK
VICINITY ~AP - EENAI BAPTIST TE~[PLE
APPEAL FOR CONDITIONAL USE PERMIT TO
OPEI~TEA CHURCH ~DPRIVATE SCHOOL
WITHIN A GENERAL COMMERCIAL DISTRICT
K£NA!
.1
.!
..,,'
CITY OF KENAI, TRACT A, SHADURA SUB.
AND LOTS 1 & 2.WITHIN TRACT A, SHADURA
SUB.
!
'i
'i
AG I.~N DA
RI~GULAll t, IEI';TINO - EENA] CITY COIJNCIL
OCTOIll';II $. 1~76 ~ 8:00 P.M.
PUIilolC 8Al:l;'rY DUILDING
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA A PPROVA L
ELECTION OF OCTOBER 5, 1976 - CAI~'VASS OF BALLOTS
OATtl OF OFFICE
PUBLIC IIEAEI,~GS
i. OrdJnflneo No. 312-7~ - Establishing Procedures fei' Sole of City-Owned Lands
3.
PERSONS PRESENT $CIlEDUI,ED TO I~E IIEARD
1. Mr. Ted Carson represenlihg Yoshi nnd Ruth Shfohira
2. Mrs. Ruby Coyle
$.
D. M~UTES
1. MinutesoftheRegu~r Meeflng0fSept~.nber ~,1976
Eo CORRESPONDENCE
I. S~temcJJIReeeiv~dfrom Mr.G~rdon T~bots
S.
7.
8.
9.
10.
H.
1~.
13.
14.
OLD BUSINESS
1. Kel~.d EII~ Club Lease Pate Detm~ninsflon
2.
$. ·
NEt? BUSINESS
I. BflI~ to be Paid - ~s to ~ ~tffied
2. Ordinance No. 31~-~6 -. Am~d~ff KenM ~mmuni~ L~ra~ Or~nt
3. O~hp, nco No. 314-~6 -$pcoi~ Deferr~ Assistants in.C~in W]~ Imp~v~. DiM.
4. Ordin~oo ~o. 315-~6 - R~uh'tnff Assessments bo mode curvet Mtr, m~er of tiffs
Ordinance Re. 316-~6 - Am~dtnff 19~ KenM ~tun~I~ l~p~t R~latlu~s
Rosolution No, 7G-52 - In--ones Pr~tums
Resolution No. ~5~ - Sonto~ Citiz~ Nutrlt~n0l Ova~t
Payment to PR&S - Forest Drive l~atep Line P~Je~ - R~lutlon ~o. ~6-54
Rattflootlon of Vote - Chm~ffo Order gl and ~2 - Forest D~lva {~al~ L~o Pro~
REPORTS
1. City l~tanag~'s Repo~
~}, City Attorney's Report
O. Mayor'~ Report
4. City Clerk.s Report
5. ~tn~eo D~eeto~'~ Ecpo~
6. Plmmft~g ~ Zo~g ~mmfsslon*s R~po~
~. Ren~ Pe~ula Bo~gh ~bly's Re~
PERSONS PRESET NOT SCII~DULED TO DE llEARD
1. Mr. ~ Ev~a
.,9
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 6, 1976 - 8:00 P.M.
KENAI PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
Present: Waltex' Sweet, Richard Morgan, Dan Whelan, Edward Ambarian,
Tom Aekerly and James Elson.
Absent: None
AGENDA APPROVAL:
There were no additions to the agenda, however, City Manager Wise advised
that item G-$ would be Resolution 76-54, payment to PR&S - Forest Dr. Water Project.
ADJOURN FOR PURPOSE OF CANVASSING THE BALLOTS OF THE 10-5-'/6 ELECTION
With no objection from the Council, Mayor Elson adjQurned the regular meeting of
the Council of the City of Kenai for the purpose of canvassing the ballots of the
City election held October 5, 1976.
At this time, Councilman Whe!_nn asked that he be excused from the canvass of ballots
and would, therefore, abstain from voting on any issues with regard to the canvass.
City Clerk Sue Peter advised that she had contacted the Election Supervisors office
in Anehorage to determine the eligibility of those voters who had been questioned
and challenged. Those voters whose ballots were ineligible were contacted and
pl'operly registered and/or notified as to the reason their ballot had been questioned.
The Clerk, therefore, determined that there were 18 challenged or questioned ballots
that arc eceeptable.
MOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, that the two questioned
ballots found ineligible not be accepted as they are not in aeeeptance with the
voting regulations of the City of Kenai and exclude these ballots from the canvass.
Motion passed by roll call vote with Councilman Whelan abstaining.
Mayor Elson instructed the Clerk to prooeed with the tallying of the absentee
and questioned and challenged ballots.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
Page 2
Mayor Elson announced the final tally of the Annual City Election of October 5, 1976:
Boro~igh A~sembl~' - Mrs. Jo Ann V~l~i - 3~7
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 Ambarlan moved, seconded by Councilman Sweet, that the Council of
the City of Kenai, Alaska, do hereby certify the results of the canvass of the
ballots for the annual election of October 5, 1976 has announced by Mayor Bison.
Motion passed unanimously by roll call vote with Councilman Whelan abstaining.
OATH OF OFFICE
Mayor I!lson instructed the Clerk to administer the Oath of Office to new Council
members Dan Whelan and Betty Gliok.
Mayor Elson also requested that the Clerk advise the Kenal Peninsula Borough
of Mrs. Jo Am~ Elson's selection to the Assembly.
RECONVF2q~ - P~GULAR MEETING OF OCTOBER 6, 1976
B. PUBLIC ~mARINGS
B-h Ordinance No. 312-76 - Establishing Procedures for Sale of .Cit~-Owned lands
f
Mayor Bison read the following: "an ordinance of the Council of the City of Kenai,
Alaska establishing procedures for the sale of City-owned lands. Whereas, the
Code of the City of Kenai at present contains no provisions relating to the sale of
real property by the City; and Whereas, the Council desires to establish procedures
for the sale of City-owned lands. Now, therefore be it ordained by the Council of
the City of Kenai as follows: That the Code of the City of Kenai is hereby amended
by adding to Chapter 20, Lands, a new Article IV which shall read in its entirety
as follows: n 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 ordinance at City Hall.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 3
Mr. Wise advised that Administration felt this ordinance was viable and would enable
the City to proceed with the sale of various City-owned lands.
Mayor Elson opened the hearing to the publte. There being no input from the public,
the hearing was returned to the Council table.
MOTION:
Councilman Ambarlan moved, seconded by Councilman Sweet, for adoption of
Ordinance No. 312-76, an ordinance of the Council of the City of Kenai establishing
procedures for the sale of City-owned lands.
Motion passed unanimously by roll call vote.
C. PERSONS PRESENT SCHEDULED TO BE HEARD
C-l: Mr. Ted Carson reI)re.~:enttn~ ¥oshi and Ruth Shiohira
Mr. Carson came before Council to request Council consideration on two items that
have directly affected the Shiohiras. The first being that they paid monthly sewer
ehargca at their present location when in fact it was discovered that they were not
oven hooked into the City sewer system. Mr. Carson requested that the Council re-
bate these sewer charges on the property they now occupy for the time period they
wore not hooked into the system. Also, Mr. Carson advised the Council that at the site
where the Shiohtras are building a new facility, it has been found that it ~11 cost
considerable amount of money to tie into the sewer system as erroneous information
had been given to them from City Hail with regard to placement of the sewer line.
Mr. Carson requested that the City compensate them for the cost of the new sewer line '
to be brought on their property.
Councilman Ambarian suggested that the Council defer action until Administration has
had the opportunity to submit proper information on this matter. Councilman Morgan
stated he felt that the City should immediately rebate funds to the Shiohiras for the
time period in which they paid sewer charges to the City when in fact they were not
hooked into the sewer system. Councilman Whelan stated he felt it was the responsibility
of the City to verify that a user is hooked up to the system prior to billing.
MOTION:
Councilman Morgan moved, seconded by Councilman Sweet, that the City of Kenai
refund erroneous sewer ehax, ges for the time period that the Shtohiras, at their present
location, were not hooked into the City sewer system.
Motion passed unanimously by roll call vote.
KENAI CITY COUNCIL, ItEGULAR MEETING, OCTOBER 6, 1976
I1~1 III
PAGE 4
C-2:
With regard to the matter of the new sewer line to the site of construction, Mayor Elson
slated that he believed the prior lease holder installed the sewer system and perhaps
could advise of the exact statistics. Mr. Carson advised that Doyle Construction
,, b. ~.~ ..... ,, ............... hi~tallation of the line and a/,
his client had come to the City and was Clven information which they relied upon,
that his client must start cons~uction without further delay. Mr. Wise requested that
the Shiohiras submit cost data to the City as soon as it has been verified by the contractor.
Mr. Carson asked that this matter be placed on the next affenda under "Persons Present
Scheduled to be Heard".
M_rs. Ruby Coyle
Mrs. Coyle reminded Council that a group of citizens from the outlying 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 proper consideration. Mrs. Coyle further
stated that the report submitted by the Administration ~lth regard to this matter had
been biased. Councilman Ambarisn stated that at the time the Council received the
petition and repm-t the Council did request further study into the matter. Councilman
Morgan stated that he felt Councilwoman Glick should be given an opportunity to review
the report. Mayor Bison suggested that a work session be scheduled -- with Council
concurrence, a work session was scheduled for Thursday, October 14th, Kenai Public
Safety Building at 7:30 p.m.
Another matter which Mrs. Coyle requested Council consideration was with regard to
street maintenance of Barabara Drive. Mrs. Coyle simted she had learned that monies
were now available through the Local Trails and Roads funds and asked that some of
these monies be used for gravel and repair on Bm. abara Drive. l~r. Wise advised
that though the City had the respons~ility to maintain Barabara Drive, there were no
funds available to do so. It will be necessary to have the Planning Commission and thc
City CounetI make determinations as to priority projects for use of the funds from the
Local Trails and Roads befoz'e these funds can be allocated l~Ir. Wise further advised.
Nfs. Coyle requested that it be a matter of record that she felt the local citizens should
not have to maintain their streets themselves as is the ease of Barabara Drive.
MINUTES
Minutes of the Re~nflar Meetin[~ of September 15, 1976
There being no additions or eox'reetions, the minutes were approved as distributed.
CORRESPONDENCE
Billing frem Mr. Gordon Tibbetts
Mayor Bison advised that Administration requested Mr. Tibbetts' statement be
noted as ~eeeived by the Council. Mr. Wise advised that this billin~ was for the pe~5od
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBEII 6, 1976
PAGE 5
of time Mr. Tibbetts business was required to close by the City and for expenses incmTed
by his attorney. Mayor Elson requested that background information on this matter be
compiled and put on the next agenda of the Council.
r~
F-h Kenai Elks Club Lease Rate Determination
Mr. Wise advised Council that the Elks Club has submitted verification of in-kind
work performed on the park adjacent to their facility for the years 1972 through 1975.
l~h'. Wise further stated that the question here would be how to validate, the data and
also in-kind labor does not meet the requirement for reimbursement to the Airport Fund.
Mayor Elson explained the tel'ms of the lease and the letter from a former City hfanager
altering the terms of the ]ease. Councilman Sweet stated that the City had no choice
but to accept the in-kind contribution plan for the years 1972 through 1975 but should
renegotiate the terms of the lease from this date on. Mayor E]son reminded the Council that
the past in-kind contributions may not be acceptable to the FAA and the City would then
have to reimburse the Airport fund icl: these past yea~s in which we are in non-compliance.
Councilman ]:'helan suggested rather than make a transfer of funds -- cheek with the FAA
to see if the City would be held in non-compliance fro' the past on this particular piece of
leased property.- Mr. Wise recommended that the terms of the renegottated lease be
determined as soon as possible and the lease go on a cash basis immediately.
MOTION:
Councilman Ambartan moved, seconded by Councilman Sweet, that the City accept the
in-kind contribution from the Elks Club for the years 1972 through 1975 and a new lease
be renegotiated immed__iately with the Kenai Elks Club on a cash only basis.
Moiton passed unanimously by roll cai1 vote.
O. I~W BUSINESS
G-h Bills to be paid - bills to be ratifle,]
Wise advised that all bills for payment and ratification were budgeted items and
z'eeommencled ' approval.
MOTION:
Councilman Sweet moved, seconded by Councilman Morgan, for approval of those items
listed for disbursement and approval of those items as lisied for ratification.
Motion passed unanimously by roll call vote.
G-2: Ordinance No. 313-76 - Amendin~ K.n~i Communit~ Lib~,ar¥ Grant
Mayor Elson read Ordinance No. 313-76, -an ordinance of the Council of the City of
Kenal appropriating $20,000 to the Capital Projects Fund entitled "Kenai Community
J
KENAI CITY COUNCIL, REGULAR i~IEETING, OCTOBER 6, 1976
PAGE ?
G-4: Ordinance No. 315-76 - Requiring Assessments be made current at transfer of title
Mayor Elson read Ordinance No. 315-76, "an ordinance of the Council of the City
Whereas, the Council Finds that it is essential to have assessments current at the
time of transfer of rifle. Now, therefore, be it ordained as follows: The Code of
the City of Kenai is hereby amended to add new Sections 16-22 and 16-23 which shall
read as follows: Payment of Assessments Upon Transfer of Title - Section 16-22:
All past due tnsiallments on any special assessments levied on property in any improve-
ment district within the City of Kenai shall be paid in full with applteable interest
and penalty prier to the time any transfer of title to that property is duly reco~-cled
in accordance x~ith statute. The transferor of the property shall be responsible for
insuring that the provisions of this section are complied with. Penalty - Section 16-23:
Any person who violates the provisions of Section t$-22 is builty of a misdemeanor
and punishable by a fine not to exceed $300. The. penalty provided for herein shall not
bar regular foreclosure proceedings provided for by statute."
Mr. Wise advised that at the present time, there is no assurance here in Kenai to the
buyer that the property is clear -- thex'efere, the City is providing that assessments
be made current at the time of the transfer of the tide.
MOTION:
Councilman Ambsrian moved, seconded by Councilman Sweet, for introductim1 of
Ordinance No. 315-76, requiring that assessments, be made current at the time
of transfer of tide.
Motion passed unanimously by roll call vote.
G-5: Ordinance No. 316-76 - Amending 1976 Kenai Municipal,...A.irport Regulations
Mayor Elson read Ordinance No. 316-76, an ordinance of the Council of the City
of K.enat amending the 1976 Kenai Municipal Ah'port Regulations by title only and
advised the public that copies of the enth, e transcipt of the erdinanee were available
at City Hall.
MOTION:
Councilman Ambarian moved, seconded by Councilwoman Glick, for introduction
of Ordinance No. 316-76, an ordinance of the Council of the City of Kenai amending
the 1976 Kenai Municipal Airport Regulations.
Motion passed u~_~i_m_ ously by roll call vote.
Ct-6: Resolution No. ?6-52 - Insurance P~emiums
Mayor Elson read Resolution No. ?6-52, ~'be it resolved by the Council of the
City of Kenai that the following transfer of monies be made ~vithin the 1976-77
General Fund Budget. From: Contingency - $(7,889) To: Non-departmental
Insurance - $7,889. The purpose of this resolution is to transfer budgeted dollars
for the purpose of paying insurance premiums for the City of Kenai".
KI!NAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 8
Mr. Wise advised Council that this resolution provided the City to meet obligations
on insurance premiums due.
I~IOTION:
Councilman Ambarian moved, seconded by Councilman Sweet, fo~' adoption of
Resolution No. 76-52, transferring of funds for payment of City of Kenai insurance
premiums.
Motion passed unanimously by roll call vote.
O-?: Resolution No. 76-53 - Senior Citizen Nutritional Grant
Mayor Elson read Resolution No. 76-53, a resolution of the Council of the City
of Kelmi authorizing the City Manager to apply fo~* State of Alaska Council on A~h~g
Title VII Nua'ition Program ~rant. Whereas, the City recognizes that there is a
need on the part of senior citizens for nutritionally sound hot meals, and Whereas
there is a federal program administered ttu'ough the State of Alaska, Council on
Aging, which could help the City provide such meals, and Whereas, the City of.
Kenat eanuot qualify for a grant from the State be:cause of size but can qualify as
a sub-grantee of the Salvation Army-Anchorage, and Whereas, such program . :.
requires a ten percent local matching by the City which need not be cash. Now,
therefore, be it resolved that: thc City Manager is hereby authorized to apply
for a sub-grant with the Salvation Army-A.nchora§~ for monies to implemcl,l a
Title Vli Nutt'itlon Program, the total program to be $36,533 including a ten percent
nmtching by the City to be met solely by the rental value of the use of Fort Kenay
as a facility for the program, and the City Manager is hereby further authorized
to execute all necessary documents in connection with the above ."
Mayor glson inqu~ed if the Mayor's Council on Aging and other senior citizen
groups had reviewed the proffi, am and was advised by Mrs. Pat Porter, Director of
Kenat Seniol, Citizens, that she had been advised that the propel' process was to
get Council authorization f'u'st before proceeding to the other groups. Mrs. Porter
also explained the proposed program to the Council.
NOTION:
Couneilman Whelan moved, seconded by Councilman Morgan, for adoption of
Resolution No. ?6-53, authorizing the City Manager to apply for State of Alaska
Council on Aging Title VII Nutrition Program Grant.
Motion passed unanimously by roll call vote.
Resolution No. 76-54 - Payment to PR~S - Forest Drive Water Line Pro~ect,
Mayor l~lson read Resolution No. 76-54, a resolution of the Council of the City of
Kenai authorizing the City administration to make final payment to PRf~S, Inc.
for the Forest Drive Water Line Project subject to final acceptance by the City.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 6, 1976
PAGE 9
Whereas, the Forest Drive Water Line Project is substantially complete, and
Whcreas, 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 payment to PR&S, Inc. in the amount of $98,333 to cover the original
contract amount for the Forest Drive Water Line Project of $81,933 and Change (~rder
No. I for $9,200 and Change Order No. 2 for $7,200 provided that such payment
shall not be made until the project is finally acccp:ed by the City ~1anager in
accordance with the terms of the contract ."
Mr. Wise reported on the status of the Forest Drive Water Line Project and
reiterated the position of the two Change Orders to Councilman Whelan as he had
been out of the City during the timo pcwiod in which these changes took place.
MOTIO; !:
Councilm_flo Ambarian moved, seconded by Councilwoman Gliek, for adoption of
Resolution No. ?$-54, payment to PR&S, Inc. - Foi-est Drive Water Line Project -
in the amount of $98,333 provided that such payment shall not be made u:~til the
project is f'mally accepted by the City Ptanager in accordance with the terms of
the contract and, in addition, Council hereby ratifies the vote of Change Order
#1 and Change Order #2 - Forest Drive Water Line Project.
Motion passed unonimously by roll call vote.
H. REPORTS
H-l: City. Manager*s Report
The entire transcript of City Manager Wtse's Report #2 is attached in its entirety
and hereby becomes an official part of the minutes of the regular Council meeting
of Ootober 6, 1976.
MAYOR & COUNCIL - QUESTIONS AND COMMENTS
Councilman Amba~ian stated that several projects are still using the City crews
for labor which were not budgeted for this type of work. Mr. Wise responded
that he did not like ia use City crews for forced labor and would investigate the
matter.
Councilman Whelan stated he had observed a reference to an 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
supervisory work on the Forest Drive Water Line Project and thus the reference
to the asst. public works director.
Mr. Wise advised that with regard to the Streat Lighting ~- in investigating
the ma.er it has_been found that the actual construction and design was faulty and
thus the reason for some lights working and some not. Also, steps have been
iake~l £o~; r~habursement from tlae State but the City must sign the agreements, ete.
H-2:
H-3:
H-§:
H-6:
Audit - Mr. Wise advised that the audit was basically complete, however, the
remaining work appeared to be the final typing and distribution.
Planning- Commission - Councilwoman Gliek stated that she would resign as
Chairman of the Planning Commission at their next regular meeting and this would
leave bye vacancies on the Commission.
City ^ttom..ey's I~,:i,.o.r.t
Tide Lands ~ City Attorney Williams advised that a decision had corn e down
on Septe~nber 14, 1976 and tile protestunt had until October I4, 1976 -- if he does
not protest the decision against him, conveyance of the Tide Lands to the City should
be made shortly thereafter.
PEP Suit ~ the State rejected the City's most recent offer of $24,000+ and they
indicate they are ready to procc-~d to Court. The City Attorney advised that she
would have more on this subject at the next meeting.
M. ayor's Report
None
City Clerk's Report
None
Finance Dh, eetor's Report
Councilman Ambarian inquired as to the condensed financial report and was
advised by Mr. Wise that a detailed report was available at City Hall. Councilman
Ambarian and Councilman Whelan requested that copies of the detailed report be
submitted to them for their perusal.
Planning & Zonir~ Commission's ae~o~
Councilman Ambarian reported that at the last meeting of the Commission a developer
had approached the Commission for a request to lease 10 acres at the corner of the
Spur Highway and Beavel, Loop. The developer was advised that this area had not
been released by the FAA but the matter was later discussed in a work session and
it was determined by the Commission that a recommendation be made with regard to
re-zoning, subdividing and leasing the area.
KENAI CITY COUNCIL. REGULAR MF, ETING, OCTOBEII
PAGE Il
Also, Councilman Ambarian requested his resignation as ex-officio member to the
Planning Commission be accepted and in his place, Councilwoman Glick be named.
MOTION:
Councilman Ambarian moved, seconded by Councilman I~lorgan, that Councilwoman
Glick be appointed to be the Kenai City Council representative to the Kenai Planning
& Zoning Commission,
Motion passed unanimously.
Mayor Els. on stated that in discussions with the Borough Planning Commission, it
was agreeable with them to have Councilwoman Glick continue as Kenai's represeniative
to the Bo~,ough Planning Commission if ii met with the approval of the Iienai Planning
Commission.
Kenai Penin~uIa Borough_ Assembly ]~_eport
Mayor Elson reported'that ho was unable to attend the last meeting of the Assembly
as it was held in Seward for the purpo?:e of holding a. public hearing to determine
the need of a Fire Service District hi that area.
I. PERSONS PRESENT NOT SCHEDULED TO BF. HEARD
I-h Mr. Art Evans
Mr, Evans inquired about the change in hook-up rates -- Mr. Wise advised that
the Ordinance changing the hook-up rates would be forthcoming after certain amend-
ments had been made.
EXECUTIVE SESSION
Motiom
Councilman Sweet moved, seconded by Councilman Morgan, that the Kenai City
Council adjourn to other quarters for the purpose of holding an Executive Session
to discuss the Kenai Property Owners matter.
Motion passed unanimously.
RI~CONVI~NE
MayOr FAson called the regular meeting of the genai City Council back to order.
I~NAI CITY COUNCIL. REGULAR MEETING, OCTOBER 6, 1976
PAGE 12
MOTION:
With regard to the Kenai Property Owners Association matter and also
with Council concurrence, Mayor Elson did'coted City Administration io proceed
with re-evaluation of the districts in question for the purpose of reassesstng
mlbject parcels in light of the 25 percent limitation prescribed by the Charter.
There being no further business to be brought before the Council of the City of
Kenai, Mayor Bison adjourned the meeting at II: 30 p.m.
Respectfully submitted,
8ue~C. Peter, City Clerk
mll]llll I I [
CITY OF ItENAI
CITY MANAGER'S REPORT #2
(1 October 1976)
Administr,~tion and Finance
Kenat Property Owner's Association
Enclosed is a paper discussing the effect of the three options relating to
settling the suit by the Property Owners Association against the City.
The Council should review this discussion in an Executive Session as the
item should be considered confidential.
State Revent]e Sharing
Our app}ication for State Revenue Sharing has been submitted to enable us to
qualify for the early distribution of funds. O~e of our problems was in
developing the number of road miles which we maintained. The data that
we have coral,~rcd w'~th the data that the State has simply is not in agreement.
To correct thi3, we will submit to the State a co.mplcte, road listing with a
revised ~-~ ~o insure that both their office and our office have identical data
and hopefully we will even be able to add additional roads to our entitlement.
Airport Study
The eonsul~ants arrived in the City on Tuesday the 28th and discussed with
the Administration the outl/.ne of study and tlm facts concerning the City.
Tuesday evening we met wiih the Airport Advisory Committee and with a
rather fi. ank discussion outlined many of the peculiaritieoo of the City and the
areas that are of concern to the City within the study itself. The consultants
were gi~attfied at the response and appreciated the input that was presented
to them. We now expect to receive from the consultants a design report in
draft on ol~ about the 18th of October which will be presented to the members
of the Airport Advisory Commission for their roview. 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 $?,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 consulting group should be invited up to discuss
it with us.
CITY MANAGER'S REI'ORT #2 - Page Two
Scnk, r Citizen Nutritional Prog?am
We have developed a grant application for the Senior Citizen Nutritional
Program and a resolution for the Council to adopt applying for that grant.
We have explored thc 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.
Land Sale Ordinenee
When the Land Sat~? Ordinance was introduced, I understand there were several
quo?fleas relative to the use of assessed values in m~alyzing and evaluating
individual pieces of property. We have used fids to give us an economieal tool
and establish a basic value. If we required in [he ordinance .~,n appraisal,
there v:ould be considerable am.,mnt of front money that the chy would be required
to put up. In the event a parcel warrants detailed appraisal', we shr, uld do so.
However, the utilizing of the assessed value as a working or b;~sc figure does not
limit us to using that as the val~e of the property at the sale; These are only
basic information so that the Council can be advised as to a value of thc property.
I am sure that in ccrtah~ situations v~c could very well recor~uncnd softing a sale
price considerably nl.~;'e, the asscsscd value or pe:~haps below the assessed value --
dep¢~.:lding upon the rn..',rkot conditions and fhe opportunity of sale.
The Elks Club Lease
The Elks Club has provided us with information as to their in-kind contribution.
Reg~'ettably, I feel that the information that they provided us is not really
auditaLle to establish whether or not a value has really been accomplished
to the property affected. Further, ~ in-kind contribution regrettably in no way
meets the obligation of a e. ash contribution of a equity lease to the appropriate
ai-rport fund. The CouneiI, as its option, can, of course, make a ~ontribuflon
to any' legitimate public activity whether it be in the amount of due lease payment
or simply a contribution for the activities that the club sponsors. In this
situation a cash payment should be made to the appropriate airport fund and the
choice ~'hether the Council fund it or whether the Elks Club fund it directly is,
of course, a prerogative decision of the Council.
Kenai Community Library
You will find on the agenda an ordinance to amend the Kenal Community Library
· 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 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 sc, fried. One item which the
contractor has agreed to do is in essence tear out the front steps and rebuild
CITY I~NAGER'S REPORT 4~ 2 - Page Three
10.
them in accordance with specifications. Additionally, the Library Association
will have s dedication planned for November, either the 20th or the 21st, depending
upon out-of-town visitors availability. The date should be firmed up shortly
c~'~d you ,,,, o,: notifled.
Airport Ordinance
The Airport Ordinance is a series of a;ne~Mments ~o olean up certain parts that
were in the original ordinance. We haw; circumstances that where the rules
are left dangling. Such as, we will impound an aircraft but the ordinance then
does not continue to provide :, means of disposal of that aircraft or fees ce:mected
with the impoundment. We have a,-~ded language which will make impoundment
pm~ntssive arid esfabltsh fee.~ ~d permit disposal. We have al~o eorree~.~ a few
other ar,aa relative to helicopter operations to insure r,;~ ?,: operation of helicopters
partieulm, ly transient in thc airport and also re-define Movement Area as requested
by the FAA.
Assessment Ordinance
You will find two asse~;~nent or special assessment ordinances on th~ agenda,
Ordinance No. 314-76 and 315-76. Ordtnnnce No. 314~7~ is a ordinance we have
added for amendrac:nt to the General Asse.~sment Ordin:,nc:e to require on tram;fer
of title that ass:msments be current. This is designed ~o insure that a buyer,
whether it be of a house or tract of land, is protected as to delfi~quent assessments.
Ordinance lqo. 315~76 is to amend a difficult situation we have on special deferred
assessments which are provided in the multi~ude of special :,asessment district
re~olutions and special assessment district ordinance. Regrettably, in those
resolutions s~d ~rdinanee there is no defined method of terminating the deferred
situation' and how do we get back on the payment schedule. The language we have
developed x~e believe will clarify for all parties concerned how we pick up after
a defe.~ment ends.
Sale of Foreclosed and City-owned Property
We are currently 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 which will
meet the ordinance's requirements zo that we can introduce a land ~ale in the
very ne~ future -- hopefully, at the next Council meeting.
CITY MANAGER'S REPORT #2 - Page Foul.
11. .l,.nsuranee
12.
13.
We have on thc agenda an
to insurance in a certain given amount. Regrettably, this will not be the last
transfer to the tnsm, anee fund. We are not abIe, at this time, to ascertain the
numbers required to support the two umbrrella policies required to protect
the City.
Bills for approval and rotificalion
There are i',7o bills that I would like to drnw your attention to -- one is the
Kenworth bill for repairing damage to tl~e truck frame the cost of
considerable, however, the claim did not meet our deductible,
it is fully payable by the City. The second bill is to the IACP Inter~:~tional
Association, Chiefs of Police. It was a disbursement required by t~',~., tel'ms
cfa I"ederal grant which we had to make prio:, to the end of the rno:;~h to pre-
elude loss of funds.
Financial .q(;.,tus Report
Enclosed is the Financial Status Report for the City as ofAug:,.~ i 31, 1976
in a summary form. The only areas I will comrr, ent on is the General Fund
revenue~; in receipts are 35% and it must be noted thai the Borough's pre-payment
on taxe~ has given us that edge. Our expenditures including encumbrances
a~e uurrently 10%, hmvever, there at, e expenditures which ar~: 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 meoting the detailed break-out of revenue and
expenditures by Depa~-tr~ent and individual lines ff any of the Council is desh'ous
of reviewing it.
Department of Public {Vork.~
Fox. est Drive
At this time, all of the 10" ducted water line has been installed. All of the
connections to the existing main have been made except for one connection
at Elm and Cedax' Streets. Tiffs 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-filling compaction
of the trench. ~'e are hopeful that the re-paving at FAro 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
proparly complete, we will adjust the payment schedule to insure that we will
retain funds for completion of project and perhaps ~'etainage as is normal
under most construction situations.
CITY MANAGI'.'R'$ REPORT #3 - Page Five
2. Animal Shelter
.5.
At this time, the concrete slab and foundation have been poured, framing has
..... ~,.~tt:u a~id sidhig in~ail~d. City crews are installing the water service
and once the water service is ins~alled, we will finish construction, installation
of septic tank and crib. Shortly thereafter, IlL% will be installing the under-
ground power cable.
Warm Storage Faeility~
(las unit heaters for the building have been thralled and we are now in the
process of installinl; the wiring and the lights which hopcfully will be completed
in the latter part of next week.
lgDA Water Well Project
As of today, exmstruction, stal:ing and clearing staking has been completed
by the engine~:r i~ the vicinity of the new well house and along the right-of-way
of the pipeline. There l~ve been a few exploratory holes duff for the de!erminafion
of the exact loev. tton of 12" waic~~ line leaving Well I~o. 1 and thc-re has also been
some excnvalion for the exact location for weter line crossing the airport property
itself under the runway. Thc contractors hope to start clearing of lhe right -of-way
for $¥ei1 Ilouse 1~o. 2 and the pipeline righl-of-way around thc latter part of this
coming week.
Redoubt Terrace Subdivision
Conh'actors working in the area are in the process of installing water and sewer
mains to the bluff lots on the south portion of the Redoubt Terrace Subdivision.
At this time they have completed the installation of sewer mains, s~wer man-
holes and sewer services to the property line. They have tied into the City water
main and are in the process of extending the water main and services to them lots.
They hope to have completed this project ~ometime this coming week. Once the
construction has been completed the City and their engineers x~dl make a final
inspection of all construction and determinations will be made as to whether the
City will accept the new construction as part of the City's system and, of course,
properly provide us with as-bullts of the system.
Kenai Boat Ha~bor Road
Our Boat Harbor Road did stwvive the high tides of this month. We are in the
pro, ess of putting on the final lift on the road at this time. Hopefully, this will
be completed before freeze-up.
CITY MANAGER'S REPORT ~¢2 - Page Six
We have reviewed the agreements with the State on the street light electrical
reimbursement and have made coniaet with the Slate as to the requirements fo~-
reimburseraent. We have been promised data from the State as to the effective
date of eligibility of reimbursement and what we have to do to qualify for such
reimbursement. Hopefully, we will get this in the next week or so and be able
to move the item and obtain some $7,000 to $9,000 reimbursement.
Mural on Termf~-,~,I~Bulhti~g
Some work has bc.-n done in the ps~ regard to rcpainttng the exterior of the
Terminal. In that it will need psint, certvinly by latest next year, some work
has been done.by the Departmc:,t of Public Works in conjunctk;n wP.h the Art
In;;iruetvrs at the Uigh School as to perhaps paint murals to depict the Alaskan
scenes on the out;~ide of the Terminal. l:'e have discussed this with the Planning
Commi.~;$ion and they have no objection to ihe concept. However, I would h.~,e
liked to obtain Council agreement to the concept before we proceed any furt;;,, c with
the High School in defining actual mural program which m~;;Tht be applied to the
outside of the Terminal.
Wster/sewer Permit Ordinance
This ordinance which was tabled at th~ last meeting is still not yet ready for
reconsideration by the Council. Regrettably, some other activities have forced
us to defer aetian on it. We v, rlll have proposal for the Council at the next Council
meeting.
t
M~MOtIANDUM TO:
DATE:
SUB3ECT:
Honorable Mayor & City Coun¢iI
John F,. Wi.~e, City
September' 27, 1976
KENAI PROPERTY OWI~rER,~ ASSOCIATIO'~
We have extrncted the 1973 assessed values for ali special assessment districts
that were in effect at the th'n~: the suit was fil~,d. In all questionable eases, the
value of the water or sewer special assessments were added end the sum divided
by fern' (4) to aurive at the maximum speoial assessment permitted by Charter.
The following data relates to those dolI~t's of prinieip_a_~l that may be written off:
1. The Council may re-assess only those properties of the named
property owne. rs - , ., $13,549.58
2. The Council may re-assess all those properties of those initially
included in the law suit (including those above) · Some
additional properties will be added as we determine change
of ownership - $2? ,4?7.24+
The Council may re-assess all properties in the several
assessment districts -
- $84,429.06
I I _
I~IEMORANDUM ~ Page Two
DII~C.T Tg,qTON
Option #1/s mandatory, however, leaves all other affected property owners in
an unhappy state.
Option #2 permissive as to others listed in suit but denied by Court. However,
opening of the door for those not granted relief by Council could conceivably
create further anguish and disrepute by current and potential investors and
speculators in this City.
Option fi3 permis.~;ive as per Option ~2. Very expensive in dollars, printeipal
and interest -- expected ~nd needed to service City debt. Helps reestablish
~ound legal basis of eomplatnee with Chax~ter and equity for all.
Recommended in order of preference:
1. Option
2. Option #I
John E. Wise, City l~anager
9/2'/176
October 7, 1976
James A. Elson, t.i~yor
City of ¥~nal
P. 0. Bo~ 580
Kenai, Alaska 99611
Dear Mmyor Elson:
Please accept my resignation from the Kenai Advisory
Planning and Zondng Commission as o~' this date.
It has been m~ pleasure and prlvlledge to serve on
~his Co,u~ission l'or the last two years. My tenure hac been
very interesting and educational.
I would also like to take this opportunity to thank
tho other commissioners for their dedication and expenditure
o£ time for the be~temnen~ o£' the City of Konai. I believe
because of thei~ dedication we have accomplished many goals
and have every reason to believe they ~ill continue to do so.
Sincerely yours,
CITY OF KBNAI
RESOLUTION NO. ?$-&f~'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF KENAI SITTING AS THE
BOARD OP ADJUSTMENT FOR THE CITY OF HENAI IN THE MATTER OP THE APPEAL
O17 THE HENAI BAPTIST TEMPLE FOR CONDITIONAL USE PERMIT REQUIRED RELATIVE
TO THE OPERATION OF A CHURCH AND SCHOOL IN A GENERAL COMMERCIAL ZONE.
WHEREAS, the Kenai Baptist Temple has appealed the decision of the Kenai Advisory
Planning and Zoning Commission and the Kmmt Peninsula Borough Planning Commission
denying their request fo~ a Conditional Use Permit relative to the operation of a church
and sohool in a General Commerofal Zone, and
WHEREAS, as requi~ed by Borough Code, l'ublie Hear~ is beil~ held within
thit'ty days of ~ of such appeals, end
I~IBREA$, the app~11_~_t has filed:
1. A legal description of the propm'ty described.
2. Proposed use of the property.
WHBREA$, as prmdded by Borough Code, the issues of fact to be detex~_ ~_n_ed are:
1, Whethar the Uses are similar to the principal uses in the zone.
2. Whethe~ the uses a~e in lun. mony with the intent of the zone.
NOW, THEREFORE, BE IT RESOLVED that the City Counefl stt~g as the Board of
Adjustment fo~ the Cfty of Kenai find as a matte~ of fact that:
~. A ehu~eh (is,) (is not) a use similar to the principal uses permitted
in the Ben.oral ~ommareial zone.
~.. A sehesl (~) (is not) a use ~ to the principal uses permitted
in the genaral e0~eretal zone.
. A church (is~ (is not) a use which is in harmony with the intent of a
general commercial zone.
i~. A sehoel (~ (is not) a use wMch is in hamony with the intent of a
fenaral commercial zone.
RESOLUTION, Page Two
BK IT PURTHBR RESOLVED by the Council of the City of Kensi sitting as the Board
of Adjustment that the deeisfon of the Kensi Advfsor~y Planning and Zonin~ Commission
is hereby (afftt~ted) ~) ~nd the eppl~aflon for conditional use permit of
Kenai Baptist Temple is hereby (~e~d) (denied).
PASSED by the Council of the City of Kensi sitttn~ as a Board of Adjustment for the
~ of Kenai, this 20th day of October, 1976.
ATTI~ST:
JAMES A. ELSON, MAYOR
Sue C. Pete~, Cliy Clerk
Kenai, City
{{orth Keeai
City
KENAI P~NINSULA
MEETING OFT I l E PLANNING &ZO~I~GCOtflIISSION -OCTOBER 4, 1976
7:30 P.M. - BOROt~ BUILDING - ~OLDOTNA
AGENDA
A. Call to Order
B. Agenda Approval
C. Eesi~natton of Commissioner C~orge Jnekinsky
D. Report of the Plat Committee
E. Approval of PlanningCommissionliinutesof Reptember 20, 2976
Title IX - Division of Co~nunity & Regional Affairs -
Representatives from State of Alaska to Speak
6. Alaska Department of Environmental Conservation - Propos¢,d
Changos to Waste~ater DispOsal Re~ulations - Representatives
from State of Alaska to Speak
Public Hearings:
l. Kensi Baptist Temple Appeal -Tract A Shadura Subdivision
and Lots 1 and 2 of the Plat of Lots 1 AND2 Within
Tract A, Shadura Subdivision (Conditional Use PGrmtt
within s General Commercial District)
2. -;~tskt VillaSe Subdivision So. 2, Traot 2 - Peninsula
Ready mx (~xcoptio~ to Rural District to Operate
Gravel Pit, Crusher Operation & Batch Plant)
Kenai Townsite East Addition, BXoek 5, Lots 2 a~d 3
(Exception to Urban Residential (RU)' District and
Exception to KPD Subdivision Ordinance
I. Other Business
J, Director's Report '
Adjourn
IIBXT 6(~IEDULED MEETING OF TIIE PLAT COHIIITTEE - OCTOBER 11, 2976
NEXT SCHEDULED MESTXIIG OF TIlE PLANNINO COMIIIS~IOI~ * OCTOBER ~5, 2976
1
/{
KENAI PENINSIJLA BOROUGII PLANNING & ZONING COMIIISBION MEETING
PAGE B OCTOBER 4f 197~
tlr. Cherry stated the department has no objections to certifying
other people but emph.qsized the department would like the builder
or installer of a septic syste~ to certify it himself and not incur
additional costs.
Chairman Dimmtck believed fir. Anderson had meant for a registered
land surveyor to b,? able to certify the soils information of a
system.
ur. Scribner replied that the department would have no ob,iections
to a registered surveyor certifyisg soils information if it was withiu
the realm although the regulations do call for a certified engineer.
He did not know if they accomodate that provision but that they would
look into it.
'Jlr. Best believed the problem that might be run into would be on the
definition of a land surveyor and engineer under the registration
laws of the state.
Chirman Dimmick advised the representatives that the commission would
reviem the changes at its next regular meeting and advise them of any
c~ments. She thanked Mr. Scribner, gr. Reinwand and Ilr. Cherry for
&trending the meetin~ and discussing provisions.
AGENDA ITEII il: Public Hearings:
1. Eenai Baptist Temple Appeal - Tract A 8hsdura Subdivision
·nd Lots I & 2. Bhadura Subdivision of the plat of Lots
1 & 2 l[ithin Tract A $hadura Subdivision (Conditional Iise
Permit within a General Commercial (CG) Zone )
Jif. Best re0xl the staff report which stated tho appeal filed
September 17, 1976, for a Conditional Use Permit to operate a church
and a private school urithtn a General Con~nercial (CG) Zone of the
City of Kenai, concerns the old Ilorthern Co~merci01 building and
property which is more pLrticularly described ~s being Tract A of the
plat of 8hadura Subdivision and Lots I & 2 of the plat of Lots I &
2 within Tract A or Shadura Subdivision. ur. B~st advised the cofl~nisston
~nd m~nbers of the audience that amp of the area involved was on the
bulletin board. The letter of appe~l, dated September 17, 1976, was
read by Jif. Best. Public notice was published in the September 30, issue
and will be published again in the October ? issue of the Pentesula
Clarion advertising this public hearing being held tonight and the City
Council of the City of Kenai sitting as the Board of Ad~Justmont's public
he, ring to be held. Wednesday, October 20th. lqotice of the public
hearings, a vicinity map, a map delineating the are~ of petition
and a copy of the letter of appeal were sent by certified mail to 22
Interested parties and/or property ovmers located within 300 feet of the
petition area. Return receipts for 17 of the certified m~ilinjs have been
received.
'J~r. Best reviewed the background notin~ the City of Kenai Advisory
Planning & Zoning Coemtssion, at its regular meeting. June 9. 1976,
advised Jif. Robert Larrabee of Ken~i Baptist Temple, ~hat in order
to use the property in question for church and school purposes, a
public hearing must be held to de~ermine ir a conditional use pern~it
would be srsnted.
ur. Best read the minutes of tlmt meeting, which was item B
under Old Business. The minutes of that meeting are attached
to and hereby made a portion of these minutes as Appendix A.
In a letter, d~ted August 6, 1976, from the City of Kenai, Mr. Larrabee
wa8 advised tho required fees and the application for the Conditional
Use Permit must be submitted in order to schedule the public
hearing. The letter also advised that by utilizing the property
as a church prior to being granted a Conditional Use Permit was a
violation of the zoning ordinance and was ordered to cease within
five days from receipt of the letter. Ilr. Best read the letter, a
copy of which is on file.
KF~AI PI~NINSULA DOIIOU~II PLA~NING & ~NING COMMISSION
~GE 9 ~BER 4~ 197~
~r. l~rrabee ~s advised by letter, dated August 18, 1976, that
the public heartnff for the Conditiofl:tl Uso Pe~it would be held
by the Konat Adv~ry Plnnn~n~ Co~ss~on, 7:00 P.M., Septem~r
8, 1976.
Au~st 27, 1976, tho Kenat Bapvist Temple w~ again ordered to
~edJatoly cease the operation of ~ ~b~c~ e~ the s~d
by August 3~, or legal proce~in~s would be fil~ asking for
~sessed f~ne of $100 per ~y for each day the violation bad been
In existence.
On Sept~r 3, 1976, c~plalnt ~s filed tn Kenai in the Superior
~urt of the State et' Al~ka naming the Kenu~ Penin~la ~rou~h
Plaintiff and the Kenat Baptist Temple of Ken~i ~ Defendant asking:
(1) T~t the Defen~nt be found to have violflt~ the provisions
'of the Ke~i Peninsula ~rough Code of ~dinances S~tion 21.76
(2) That the Defendant be ordered to p~y to the Plaintiff the s~ of
$100 per day per each and every day from and includin~ Au~st 17. 1976
and endi~ on (a) the date of ces~tton of operation at the subject
location by Defendant, (b) the is~ance to ~fen~nt of a ~nditional
U~ Pemit, or (c) the ~te of JudK~ent tn this action, whichever
f~rst ~curs. (3) That Plaintiff be awarded its costs and attorneys
fees. (4) That the ~urv ~ant such other and further relief
d~ J~t and proper.
Mr. ~st read a lett~ received by the City of Kenai, Janis C.
WillJ~, Attorney on Sept~ber 24, 1976, from J~r. ~bert H.
stated In part, *'~e ~uld encase an attorney and op~se this penal~y
b~t I do ~ot feel tt ts necessary if you would co~ider the following:
1. We have had from the b~innin~ no ~tive of brtn~ln~ any probl~s
or h~nderances ~ the City of Kenai. 2. We have ~one through the proper
steps of action to Eet a ~nditional u~ pe~it. 3.
~ find ~ way out so that the property ~n be u~ for tho intended
use as ~ed. 4. ge ~o dealln~ with two interest~ p~ti~
trade or sale of property. 5. We have filed an appeai to the ~rough.
6. The appeal and selling transaction t~e time and we are not, In the
m~n t~e, hurting any others with their desir~ ~e and intent of
property u~ around us. We feel therefore, t~t the penalty
r~ltstic and should ~ dropp~ as long ~ we ~ w~t we ~vo proposed
~r. ~st t~n read the minutes of the Kenat Planing
public hearing of September 8, 1976. Those minutes are attached to
~d ~e a p~t of thee minut~ ~ Appe~x B.
~e minutes of the Kenai Plannin~ ~ ~nins ~lssion
of Sept~ber 9, 1976, were read by Mr. ~t. Those minut~
att~h~ to and mdc a p~t of these m~nutes ~ Append~ C.
~ letter, dated Sept~ber 17, 1976, to Mr. Robert hrrab~, Betty
Gltck, Chai~n of the Kenai Plannin6 ~ ~nin~ ~ission adv~s~
-the applicat~on for a conditional use pemit to operate a church
~d sch~l on the 8~te of the *'old N.C. Tiro Center" had been
den~ed, September 9, 1976. ~e letter, a ~py of which is on file,
lfst~ a res~e of facts and conclusions. This letter
~ the ~iosion and a~ien~ by ~r. ~st.
~ ~t~er ~, 1976, a letter w~ received fr~ ~ary Nlssen,
which stated she had no objections to the ~nditio~l ~e pe~At
~lns sranted to the Ke~ hptAst T~ple.
A letter of obJ~tion to the ~ranttn~ of the conditional use pe~it
m r~e~v~, October 4, 1976, from ~ris E.
~tchaol II.rick advised the c~los~on by letter ~ted October 4, 1976,
tht he m opposed to the issuance of the ~nditio~l ~e pemit.
Llndsey C. and Christine Williams advis~ the c~tssion by letter
dated, October 4, 1976, that they were in f~vor of the Issuance of
the ~ndttional use permit.
gr. Best read portions of the Kenai Pent~ula ~rough
~etion8 21.76.110, 21,76.140, 21.76.220 and 21.76.230.
KENAI PENINSUI.q BOROUGII I'LANNING & ZONING COMMIS8ION MEETING
PAGE lO , OCTOBER 4f 197s
Mr. Best stated the Nenai ordinance has a provision that says
the expressed lncumbcratton in the authorization of a phrticular
class of building structure and premises are used tn a designated
zone shall be deemed and prohibition of such buildings, structures,
premises or uso in all other zones unless otherwise specified.
Chairman Dim~lc~ requested that persons in attendance at this
meeting must, by law be permitted to speak if they wish to do so
during the time allowed for the public hearing provided they
respect the rules set forth for the hearing. The rules were attached
to the a~endas and Chairman Dimmick read the rules. The rules
stated, **Persons wishing to testify must stand or raise their hand
and watt for recognition by the chair. Upon being recognized, the
person testifying shall be seated at the table with the microphone
and state his or her name and address clearly for the minutes. Each
speaker is limited to two minutes by the Chairman. Everyone wiX] be
allowed a fair chance to be heard. Persons who have prepared
statements exceeding two minutes should request an extension prior
to beginning their testimony. All questions will be directed to the
Chairman who will then refer them to the proper person for answer,
if they are appropriate. Any questions dealing with personalities
or subjects not germane to the subject at these hearings will be
ruled out of order. Any former demonstration or speaking without
recognition from the chair will also be ruled out of order. The
commission wishes to encourage testimony from anyone who has
information pertaining to the subject of the hearing, but reminds
the participant that a public hearing is not a forum for debate
and presentations should be made in a courteous and concise manner."
In the case of this first public hearing, which is a request for
a conditional use permit, it is the responsibility of the commission
to determine whether this application for a conditional use permit
satisfies the following two conditions: 1. Such use~ must be similar
to principal uses permitted in the zone. 2. Such uses must be in
harmony with the'intent of the zone. The commission must make
its decision within ten days. Chaix~nan Dtmmick opeued the hearing
to the public.
Lee Glad, a resident of North Kenai, but property owner within the
City of Kenai and a realtor, stated there isn*t enough ccmuerelal
property within Kenai and felt it would be detrimental to the City
to remove this property from the zened use.
Robert Larrabee of Kenai B~ptist Temple requested an extension
on time and asked the commission what type of information they
would like. fie stated he had some information which was not repetitive
but did pertain to the subject. The Kenai Baptist Temple had never
requested a rezoning, but a use permit. Taxes are being paid on this
property and an exm~ption has not been requested. Mr. Larrabee stated
it is not their intent to be a hindrance to the City of Kesai. He
mtated written notification from the City of Kenai was not received
until after the allowable time to appeal bad passed and it was
fortunate he did not wait for the written notification to appeal the
decision. The church is not tied to this property and they are
dealing with two parties for a sale or trade. One of the pieces of
property which is being considered is in an urban residential zone
and he asked if the school would be allowed in that zone as well as
the church. This would need to be known prior to dealing with this
property.
Chairnmn Dlmmick stated that if churches are allowed in the urban
residential zone, then the church would be in accordance with
the ordinance.
~r. Larrabee questioned if a use permit would be ~ranted for the
operation of the school is the urban residential zone.
Chairman Dlmmick replied the commission acts on each item as it
comes before them.
I~r. Larrabee asked how long it would take to obtain a use
permit as if they acquired the property in the urban residential
zone they would want tho use ~ormit prior to moving.
KENAI PENINSULA I~OROUGII PLANNING & ?~)NING CCt~MISSION MEETINt~
PAGE 11 OCTOBER 4, 1976
Mr. Best answered stating they would apply to the Kenai Advisory
Planning Commission as before and if the use permit was granted
at that time no additional hearings would be necessary.
Mr. Larrabee asked if the commission would issue a permit to occupy
the present location to finish this school year.
Mr. Best stated that once the application for a use permit is made,
the advertising of the public hearing in the paper and the mailing
of the notices take place. It usually takes two to three weeks to
schedule the hearing, in the case of the Kenai Advisory Planning
& Zoning Commission. For an application it would take approxinmtely
3 to 4 weeks and possibly longer if there was an appeal to the decision.
Mr. Larrabee requested the commission to issue a use permit through
the end of June to allow the church to finali~ any dealing on the
property and to finish the school year.
Mr. Jay Weaver of Soldotna advised his son is a student at Wings
Christian Academy and they attend the Kenai Baptist Temple. He
believed the church could operate compatibly with the existing
businesses and future businesses and would not cause any
environmental hazard. There is p~enty of room for parking and adequate
roma for expansion in the future. It was ~r. Weaver's contention that
churches are a competitive organization and have the right to advertise,
and purchase property in prime locations usually zoned general and
central commercial, etc. Many churches today are being built tn
industrial areas due to the location and the fact they can obtain
adequate advertisin~ for the church. He believed that under most
zoning laws, churches were discriminated against. The First Amendment
of the U.S, Constitution states that Congress shall make no law
respecting the establishment of religion or prohibiting the free
exercise thereof... He believed that if a conservative interpretation
were taken of the First Amendment that this would allow the church
to operate on tbs property they rightly purchased.
Mr. Alex Bbadura stated hew as glad to hear there was no
consideration for the changing of the zone. Nv. 8hadura'n brother,
whose property this had been, bad a residence on the property but the
City zoned it commercial and he had to move as he could not Fay
his taxes. Mr. $hadura asked if the borough planning commission
· uperceded the rights of the city planning commission governed by
homo rule.
Chirman Dinnich answered the question stating the borough planning
commission has the responsibility for enforcing the zoning ordinance
of the City of Kenai. The city planning commission acts in an advisory
capacity. By ordinance, tho city commission may act on some specific
items such as conditional use permits. If the permit is denied, the
applicant may appeal. The appeal would then come before the borough
planning commission. In this case, the decision of the boroush planning
commission could over-ride the decision of the city planning
commission. The City Council of the City of [enai will also hear
the appeal sitting a8 a Board of Adjustment.
Mr. flhadura stated he was not a~ainst any schools or churches
but there has been a disregard for the law.
Mr. Jim Bookey, owner of property adjoining the subject property,
~tated he has acquired a number of lots in the area and has plans,
which are not now, to construct a motel with bar facilities. He felt
if the commission granted the uso permit it would take a~ay from the
~ercial property. Mr. Bookey stated that even issuance of a temporary
permit should be denied as the past actions showed they would not
comply.
Mr. Vincent Spady, a teacher at Wings Christian Academy, commented
that the school is an A.C.E. school (Accelerated Christian Education)
and is non-demoninutional. It is a professional organization and is for
the betterment of people. There are over 2,000 nchools this year and
these schools are growing in America. The school needs a good
location for growth, udvertistfl~ nnd this location is flood even
though it has less than 40 feet of road frontage. Be felt the church
and school should be granted the use permit and should b~ included in
wlmt is allowed within the zone.
KENAI PENINSULA BOROUGll PlJ~NNING & ZONING COIitIISSION MEETING
PAGE 12 OCTOD~:R 4, 1976
If the commission felt it was not compatible with the zone, ho
asked the commission to Rrant a use permit to enable them to
finish the school year. If not ~rantod, the school would have to
be dissolved and it would create a hardship on many people.
Mrs. Sherrie Sadathet, residing on Island Lake Road in North Kenai,
~Cq~tc~ [h~ ~h~ of the u~e p~'~L e~n tf ~L wou~ be uol¥
for nine months. There wasn't any disregard for the law, but the
children had to be taken into consideration.
Mr. Miles Dean, a resident of Alaska for approximately Il years,
stated when property wan being discussed, politics always seemed 'to g~t in
the center. He stated this group is trying to promote education
and decency and no one in this room can deny that. If the permit was
issued or denied he wished for the commission to not involve
politics in the decision. Ur. Dean was in favor of the use permit
being granted.
Hr. Kenneth Newsbalun, residing on Halbouty Road and a member of Kenai
Baptist Temple, advised he has three children attending Wings
Christian Academy, this being their third year. He requested the
comission to consider granting the use permit until the end of the
school year. The zoning does allow for social halls and this is identical
to what the building will be used.
Mr. Chester Cone, speaking in behalf of the group, stated the property
was purchased' in good faith and started the s~hool year in the mime
Inanner. They are offering a service to the community and the children
that some parents feel is not obtainable in the public schools. It has
been mentioned that the borough and city would lose tax revenue on
this building, however, they have said they have not asked for an
exemption. The petitions which were passed around in Kenai were signed
by people of voting age and it has been suggested that the people did
not know what they were signing. A~ the school year has started and is
well under way, ~r. Cone felt the least the commission could do was
to grant a conditional use permit until other arrangements could be
made at the end of the year.
Mr. Will Badathet stated he had always felt the church could always
find a place to meet if they had too but the school is a lot different
ss there are 42 children attending. It would be difficult to find a place
to assemble them together for school. The thing most valued of all
those here is the n~Lnd and our education. ~r..Sadathet stated he had
attended school in Kenai and he had believed the school was good. But
it is a shock to go through the halls of the school now. From~hat he
had seen, he did not believe he would want his children to go to
public schools here.
Mrs. tfmry Spady, residing on Kaltfonsky Beach Road and a certified
teacher at Wings Christian Academy, stated the parents of the 42
students are paying for professional education. She stated she was
· stressing this as in the general co~nercial zone there is a provision
for profe~sional services and also for buildings that are open to
the publlc. There are other studios within close nroximlty that are in
training professional as in ballet and piano. She urged the commission
to consider the school as a professional training center when considering
the issuance of the use permit. She believed that people have priority
over strict zoning laws.
Vlkki Bepe, a member of Kenai Baptist Temple, stated she has one child
attending Wings Christian Academy and hoped the con~nission would
~ant the use permit.
Fern Dutton, living in Kenat for nine years, stated she has a
daughter in Wings Christian Academy and is receiving a very good
education. She asked the commission grant the petition for a
conditional use permit for the property.
There being no one else to present testimony, Chairman Dl~mick closed
the hearin(~ to the public.
Chairman Dim=nick called for a short break after which the meeting
was resumed.
KENAI PENINSULA l~OllO~Gll PLANNING & ZONING CO~ISSION MEETING
PAGE 13 OCTOD~ 4t 1976
Chairman Dimmick reminded the commission that when making the motion
it should be stated in a positive manner.
Commissioners Doles[~IcCloud moved to grant the conditional use permit
to operate a church and a private school within a General Commercial
ZOne of the City of Kenai.
Nr. Best advised the commission their determination should be based
on: 1. Such uses must be similar to principal uses permitted in the
~one; and, 2. Such uses must be in harmony with the intent of the
~one. The commission may place whatever conditions on the permit
which Is deemed necessary within reason.
Co~missioner Doles requested that the motion read, ~To grant the
conditional use permit to Kenai Baptist T~mple to operate a church
and a private school within a General Commercial Zone of the City of
Kenai through June 30, 1977. Con~nissioner McCloud was in agre~nent.
Chairman D~lck asked for any discussion the members might bare.
Commissioners Jacobs stated it presented an amount of dil~rana and
that as he understood it, the commission is bound by the regulations
to consider this only on the basis of whether or not it meets th~.
conditional uses determined by the regulations for that specific
area and not the merits of the school or church.
Cc~missioner Glick stated that the co~ntsston is to regard this
in reference to the conditions, She stated the testimony that was given
at the Kenai Advisory Planning & Zoning Commission hearing was taped.
The petitions which had been presented at tha~t hearing were gone through
by her and she considered thc~n very carefully, counting all 'the
signatures, of which there were 694. There were a couple of names
appearing twice on the petitions and at lea~t two of the persons who
signed the petition were not 19. Commissioner Glick stated she did
not go into the petitions at length as it could have b~en a !lttle
detrimental to the purpose of tho church. She noted that tho city
planning co~mission looked at the conditional uses and how it would
effect the city as a whole.
Chairman Dimmick asked Itt. Best if the comission had to acknowledge
the petitions that the city ba~ already acknowledged so far as checl~lng
~amee and counting signatures.
~r. Best stated the co~nission did not have to acknowledge it as the
city reviewed the petitions and took thc~n into consideration. If the
petitions showed that the uses were in harmony and similar to other uses
permitted in the zone then the commission should weight them the same
as any testimony given during the public hearing or letter received
prior to the hearing. Mr. Best went on to say there had been ~omo
discussion as to professional offices and social halls. It is up to
the planning commission to define social hall, but profession is
'defined in the ordinance as being "an occupation or calling requiring
the practice of a learned act through specialized knowledge based
on a degree issued by an institution of higher, e.g. Doctor of ~edictne."
Com~issioner ~mundson stated he did not feel a school could be classified
ns a social ball.
ur. Best stated that churches and schools were discussed in other zones
of the ordinance and since they acre not mentioned in the
C~2mercial Zone, it ia becatme they chose not to have them in this zone.
A roll call vote was taken and the motion faiXed with the following
vote:
YES: Commissioners Oangl and Overman
NO: Commissioners ~mundaon, Dtmmtck, Doles, Gliek, Jacobs & ]lcCloud
ABSY~IT: None
ABSTAIN: None "
For clarification, Mr. Best advised the Beard of Adjustment h~aring
will take place regardless of the this decision due to tho way the
ordinance is written.
iO;NAI PIglIIIISU~A BOROUGIi PLANNII~G & ZONING COMJlIS3ION ~EETING
PAGE 14 OCTO,DER 4t 1976
The hearing will be October 20th and the testimony and all that has
taken place at both of the hearings will be presented to the City
Council of the City of Kenai sitting as a Board of Adjustment and
they will make the final determination as far as local government
is concerned. There are provisions for further appeal to courts.
Ready ~tx (Exception to Rural District to Operate
Gravel Pit, Crusher Operation & Batch Plant)
~"~is exception request is located in the North Kenai area on thc
south side of the North Kenai Road Just southwest of the Wtk Road
intersection. Hr. Best advised the co~n~ission and members of the audience
that a map was on the board delineating the property involved,
The letter from the petitioner, dated September 7, 1976, requested an
exception for the purpose of establishing a ready mix plant at
Tract 2, Nlklskl Village Subdivision No. 2, consisting of 26.71
m~ros. This will consist of a batch plant and crusher operation
along with a gravel pit and will be run much the same as the one in
the current location located at mile 26.5 on the North ~enai Road.
They stated they Iall under the supervision of ~esa and a current
report of their operations would be available from tba{ oflice.
Public notice was published in the September 23 and 30 issues of the
Peninsula Clarion advertising this public hearing. Fifteen notices
and correspondin~ ~aps were sent by certified mail to property owners
md~acent to or within 300 feet of the petition area. Thirteen return
reoeipts have been received.
The Kenai Peninsula Borough Code of Ordinances Section 21.04.010 B
states in part, "...Land use in ~be rural district shal~ be unrestricted
except ~s otherwise provided in this title." The Kenai Peninsula
Borough Code of Ordinances Section 21.12.010 states, *'All uses ~haL
my be noxious, ln~urious or barardous to surroundtn~ property
or persons by reason of the production or emission of dust, smoke.
refuse matter, ~dor, g~s fumes, noise, vibrations and similar substance
or conditions or tho production or storage of explosive materials shall
be permitted only by exception." The Kenai Peninsula Code of Ordinances
Boction 21.12.020 states, '*An exception for any noxious, in~nrious
or luiz~dons use or uses may be granted only upon findln~ that tho
public interest is adequately protected constderin~ the economic
benefits of the community derived from the use, and that the owners
or occupants of property in the vicinity ~ho are specially affected
are adequately protected or compensated." The petitioner must meet the
provisions of ~egulation 1 of the Cook Inlet Air Pollution Control
Commiaolon,
~lrman Dlrmnich opened the hearin~ to the public stating it would
beheld in the amnemanner ~8 the previous one was held.
Lee Glad, a resident of the Island Lake Road ares, stated he thought
it m the highest and best use for the property involved.
Pst Heath or Penlru3ula Ready Hix stated the crusher operation is almost
dust free as everythin~ tt~t goes across the crusher is w~shed
mtertal, l~rge amounts of water are used and this will be provided
by a drilled well on tho property. There will be a sm~ll amount of dust
~r~n the batch pla~ but this is restricted to the area itself. It is not
~ontaiflcd in any way, it ~ust doesn't go anywhere, and there would be
no adverse effect. The area involved is over 20 acres in size and
this will allow for a coverinl of trees all the ~y around so it ~ould
not be detrimental to anyone concerntn~ viewing purposes. The land
itself would bo cleared for a gravel pit and this is in connection with
the crusher operation or material that is produced. As the ~rnvel is
exoavated, the w0r~ would be done in levels ~or future use as con~ercial
property.
Clmir~n Dlmmick~ked~r. Heath how wide of a buffer strip was planned.
Hr. Heath replied it was not known at this time, but it would be
· nlr~here from 100 to 200 feet in width on all sides.
Chairman Dln~nick stated he had been m~utioned that the operation would
use largo amounts of water ~nd wondered if there was enough water for
tbst or would a new well need to be drilled.
I(E I BAPTIST TI .1PLE APPEAL FOR COi]DITIOi ,L USE PER,lIT
THIS APPEAL, FILED SEPTEt. IBER 17, 1976, FOR A CONDITIONAL USE
PERHIT TO OPERATE A CHURCH AND PRIVATE SCHOOL 9/ITHIN A GENERAL
COt~4ERClAL (CG) ZONE OF THE CITY OF KENAI CONCERNS THE OLD i{ORTHERN
COKd4ERClAL BUILDING AND PROPERTY WHICH IS ~IORE PARTICULARLY DESCRIBED
AS BEING TRACT A OF THE PLAT OF SHADURA SUBDIVISION AND LOTS
AND 2 OF THE PLAT OF LOTS ] AND 2 ~ITHIN TRACT A OF SHADURA
SUBDIVISION,
RF_RD LETTER OF APPEAL, DATED SEPTEIVIBER ~7, 1976.
PUBLIC NOTICE 9~AS PUBLISHED IN THE SEPTEMBER 30TH ISSUE AND WILL
BE PUBLISHED AGAIN IN THE OCTOBER 7TH ISSUE OF THE PENINSULA CLARION
ADVERTISING THIS PUBLIC HEARING BEING HELD TONIGHT AND THE CITY
COUNCIL OF THE CITY OF KENAI SITTING AS A BOARD OF ADdUST~IENT'S
PUBLIC HEARING TO BE HELl) ~']EDNESDAY, OCTOBER 20TH. [~OTICES OF THE
P~LIC HEARINGS, A VICINITY MAP, A ~4AP DELINEATING THE AREA OF
PETITION AND A COPY OF THE LETTER OF APPEAL WERE SENT BY CERTIFIED
I~AIL TO 22 INTERESTED PARTIES AND/OR PROPERTY OWNERS LOCATED 9/ITHIN
~ FEET OF THE PETITION AREA. RETURN RECEIPTS FOR 17 OF THE
CERTIFIED MAILINGS HAVE BEEN RECEIVED.
]]RC~ROUi~0: THE CiTY OF KENAI ADVISORY PLANNING AND ZONING COMMISSION
AT ITS REGULAR NEETING , JUNE 9, 1976, ADVISED ~IR. ROBERT LARRABEE OF
KENAI BAPTIST TEPIPLE THAT IN ORDER TO USE THE PROPERTY IN GUESTION
FOR CHURCH AND SCHOOL PURPOSES A PUBLIC HEARING MUST BE HELD TO
' DETERI~IINE IF A CONDITIONAL USE PERMIT WOULD BE GRANTED. READ MINUTES
OF THE JUNE 9TH MEETING.
IN A LETTER DATED AUGUST 6, 1976, FROM THE CITY OF KENAI, HR. LARRABEE
I~AS ADVISED THE REGUIRED FEES AND APPLICATION FOR THE CONDITIONAL
USE PERMIT t4UST BE SUBMITTED IN ORDER TO SCHEDULE THE PUBLIC HEARING.
THE LETTER ALSO ADVISED THAT BY UTILIZING THE PROPERTY AS A CHURCH
PRIOR TO BEING GRANTED A CONDITIONAL USE PERHIT WAS A VIOLATION OF THE
ZONING ORDINANCE AND Y/AS ORDERED TO CEASE WITHIN FIVE DAYS FROM RECEIPT
PAGE 2
O!~ THE LETTER, READ 'LETTER OF AUGUST 6TH.
HR. LARRABEE ~AS ADVISED BY LETTER DATED AUGUST 18 THAT THE PUBLIC
REARING FOR A CONDITIONAL USE PERMIT WOULD BE HELD BY THE ~ENAI
ADVISORY PLAiiNING~u~,.~.S~ON ~ ........ , 7~00 P..;I., SEPTF. MBER 8, 1976.
AUGUST 27, 1976, THE ~ENAI BAPTIST TEMPLE WAS AGAIN ORDERED TO
IMMEDIATELY CEASE THE OPERATION OF A CHURCH ON THE SAID PROPERTY
BY AUGUST 31, OR LEGAL PROCEEDINGS WOULD BE FILED ASKING FOR AN
ASSESSED FINE OF $100 PER DAY FOR EACH DAY THE VIOLATION HAS
BEEN IN EXISTENCE.
ON SEPTE~ER 3, 1976, COMPLAINT WAS FILED AT KENAI IN THE SUPERIOR
COURT FOR THE STATE OF ALASKA NAMING THE KENAI PENINSULA BOROUGH
AS PLAINTIFF AND THE KENAI BAPTIST TEMPLE OF KENAI AS
]}EFENDANT ASKING:
1. THAT ]~EFENDANT SE FOUND TO HAVE VIOLATED THE PROVISIONS
OF KENAI PENINSULA ]~OROUGH CODE OF ORDINANCES, SECTION
21,76,
2. THAT ]}EFENDANT BE ORDERED TO PAY TO PLAINTIFF THE SUN
OF $100 PER DAY FOR ~ACH AND EVERY DAY FROM A~D INCLUDING
AUGUST 17, 1976, AND E~ZNG ON (A) THE DATE OF CESSATION
OF OPERATIONS AT THE SUBdECT LOCATION BY ~}EFENDANT,
(~) THE ISSUANCE TO ]~EFENDANT OF A CONDITIONAL USE PERMIT,
OR (C) THE DATE OF dUDGENENT IN THIS ACTION, WHICHEVER
FIRST OCCURS.
), TI~T PLAINTIFF BE A$tARDED ITS COSTS AND ATTORNEYS FEES.
/~. THAT THE COURT GRANT SUCH OTHER AND FURTHER RELIEF AS
DEEMS dUST AND PROPER.
READ LETTER FROM ROBERT LARRA~EE, KENAI BAPTIST TEMPLE, IN ANSWER
TO THE SUMMONS.
READ MINUTES OF THE SEPTEI~)ER 8, KENAI ADVISORY PLANNING g ZONING
CoI,~ll SSl ON MEETING,
,' 0CT0]3ER q, 1976
PAGE 3
READ MINUTES OF SEPTEMBER 9, SPECIAL MEETING OF KENAI ADVISORY
PLANNIN6 & ZONING COMMISSION,
REAO LETTER DATED SEPTEf4BER 17, 1976, TO PETITIONER FROM BETTY
GLICK, CHAIRMAN OF ~ENAI PI.A~NIN6 & ZONING COMMISSION,
READ LETTER OF NON-OBJECTION FROM MARY ~ISSEN,
READ LETTER OF OBJECTION FROM ~ICHEAL HAMRICK,
READ LETTER OF OBJECTION FROM BORIS ~'IALKO~SKI,
~EAD LETTER OF NON-OBJECTION FROH LINDSEY C, & CHRISTINE ~ILLIAPIS.
READ [ENAI PENINSULA BOROUGH CODE OF ORDINANCES SECTION 21, 76,110-
GENERAL COPIHERCIAL ZONE AND SECONDARY USES,
PENALTIES FOR VIOLATIONS, ~ENAI' PENINSULA BOROUGH 21.75.2.20,
2/,76,2.T0,
~ ' ~' . d. Professional offices;
~ · ~ e. Charitable institutions;
~ ~. f. Private clubs, except union halls and clubs
~' ' whose chief activity is customarily carried on as a business;
:'::" 21.76.140.
2. Secondary uses - as permitted in the AR zone.
C. Development requirements=
1. Minimum lot area - 7,200 square feet, provided
that for multi-family dwellings of 5 or more family
dwellings, the minimum square footage is to be apgroved by
the planning and zoning commission on an individual use
basis;
2. ~inimum lot width - 60 feet;
3. ~inimum yards:
a. Front yard - lO £ee~, p~ovided that setbacks
f~on c~ty and s~ate roads shall be a~ specified in Section
21.76.150;
b. Side yards - 5 fee~, excep~ that the minimum
s~de yard o~ a co~ner lot shall be lO feet and for each
story over 2-1/2 stories each side yard shal~ be
creased 3 feet;
c. Rear yard - lO feet, except that for each
full story over 2-1/2 sto~£es each rear yard sha~ be
inc~eased 3 feet.
4. ~aximuM lot coverage -
5. O~f-street parking shall be as state~ in Section
21.76.190;
6. Other ~evelopment requirements shall be as
'' ~pec~fied in Section 21.76.150. (Ora. 74-70 Si(part),
1974~ KPC §20.30.090).
21.76.100 Central commercial zone--CC zone. A. Intent.
The CC'zone is established =o proviae for an area of concen-
t=ated commercial aevelopment. Regulations applying to this
zone are designed to encourage a compact group of business
· of the type which are mutually beneficial and located close
e~ough together to encourage walk-in trade.
B. Uses permitted:
1. Principal uses:
a. Retail and wholesale businesses;
b. Business and consumer services;
: ¢. Banks and businesses and professional offices;
d. Clinics;
e. Theaters and other commercial recreation uses~
f. Hotels and motels~
~. Private clubs, libraries, lodges, fraternal
organizations, union halls, museums, art museums, and social
halla~
h. Conditional uses as specified in Section
21.76.140.
222-11
(Kenai Peninsula
Borough 7/15/75)
21.76.110
2. Secondary uses: '
a. Accessory uses which are clearly incidental to
pemitted uses and which wil} no~ cr~at~ a.~uisanc~ or.hazard;
b. Single and multi-ramify awe~llngs, ~orml=orles
the part of the building fronting on collector streets and
~ajor highways. .
C. Development requirements:
1. No stores or businesses shall involve any kind
of manufacture compounding, processing or treatment of
products wh~re such operations are objectionable due to
o~or, dust, smoke, noise, vibrations or other similar
nuisances. ·
2. Open storage. No open storage shall be located
closer than 25 feet to the adjoining right-of-way of any
collector street or main thoroughfare. Any open storage
visible from a collector street shall be enclosed with an
8-foot high fence of good appearance acceptable to the plan-
ning and zoning co~iss~on.
3. Lot and yara requirements. None except that
requirements specified in Section 21.76.150 shall be met. · ..... '
4. Off-street parking and loading requirements
shall be as specified in Section. 21.76.190. Particular
attention is called to the reference to public parking lots
~nthis section.
5. Other development requirements shall be as
specified in Section 20.30.150. (Ord. 74-70 ~l(part), 1974=
! KPC §20.30.100).
21.76.110 General cormercial zone--CG zon~.-A. Intent.- - --
The C~ zone is estgblished to provide for areas where a
broad range of retail, wholesale and service establ£shments
is desirable. Uses are regulated to concentrate commercial
development as far as possible and to prevent any uses which
would have an adverse effect upon nearby properties. New
single and 2 family residential use~ and som? other non-
commercial uses are excluded from this zone because a com-
mercial area is a poor environment for such uses and be-
cause it is intended that land in this zone be reserved
for commercial purposes.
'B. Uses pez~nitted:
1. Principal uses:
~ a. Ail uses permitted in the CC zone;
~ b. Gasoline service stations~
~ c. Automotive sales agencies;
t d. Automotive repair and tire recapping~
~ e. Conditional uses as specified in Section
~21.?$.140.
2. Secondary uses - as in the CC zone.
C. Development requirements:
222-12
(Kenai Peninsula
Borough 7/15/75)
21.76.120
1. Off-street parking and loading requirements
and other development requirements shall be as specified in
Section 21.76.190. (Ord. 74-70 Si(part), 1974: KPC ~20.30.110).
21.76.120 Light industrial zone--~!, none. A. Intent.
The IL zone i~"-de~'n~6'%° provide ior the development of
industrial and commercial uses which are mutually compatible
and which either are of a :ype which has no nuisance effects
upon surrounding property, or may be controlled to prevent
any nuisance effects upon surrounding property. New single
and 2 family residential uses and some other nonindustrial
uses are excluded from this zone because an industrial area
is a poor environment for such uses and because it is in-
tended that land in this zone be reserved for industrial
and cemmercial purposes.
B. Uses permitted:
1. Principal uses:
a. All uses permitted i~ the CC zone;
b. Airport related uses;
c. Manufacturing, fabricating, assembling and
storage of a character that meets development requirements
listed below;
d. Conditional uses as specified in Section
21.76.140.
2. Secondary uses - as specified in the CG zone.
C. Development requirements:
1. No use shall be conducted in a manner which
lis noxious or injurious to nearby properties by r~ason of
the production or emission of dust, smoke, refuse matter,
odor, gas fumes, noise, vib~ation or-similar substances or
conditions, provided that the restriction against noise
shall not apply to uses located within 2,000 feet of the
airfield landing strip;
2. Open Storage. No open storage shall be located
cleser than 25 feet to the adjoining right-of-way of any
collector street or main thoroughfare. Any open storage
visible from a collector street or main thoroughfare shall
be enclosed with an 8-foot high fence of good appearance
acceptable to the planning and zoning commission;
3. Residential Buffer, Wherever an industrial
zone abuts or is separated by an alley from a residential
zone, the use or building in the IL zone shall be screened
by a sight-obscuring fence or hedge;
4. Minimum lot area - 5,000 square feet;
5. Minimum lot width - 60 feet;
6. Minimum yards:
a. Front yard - 25 feet, provided that setbacks
from city and state roads shall be as specified in Section
21.76.150,
b. Side yard - 15 feet,
¢. Rear yard - 20 feet;
222-13
(Kenai Peninsula
Borough 7/15/75)
21.76.200
Failure to obtain a certificate of zoning compliance
shall be a violation of this chapter and shall be punish-
able ~nder subsection (E) of this section.
Al! applications for certificates of zonin~ compll-
ance shall be accompanied by plans in duplicate, drawn to
scale, showing the actual dimensions and shape of the lot
to be built upon; the exact sizes and location and dimen-
sions of the proposed building or alteration. The appli-
cation shall include such other information as lawfully
may be required by the administrative official, including
existing or proposed buildings or alterations, existing or
proposed uses of the building and land; the number of
family housekeeping units, or rental units the building
is designed to accommodate; conditions existing on the lot;
and such other matters as may be necessary to determine
conformance with and provide for the enforcement of this
chapter.
The administrative official shall render hi~ decision
within 30 days of the filing of the application for a
certificate of zoning compliance. However, this time
limit may be extended by common consent and agreement
signed by both the applicant and the administrative
official.
I copy of said plans shall be returned to the
applicant by the administrative offi6ial, after he shall
have either attached a certificate of zoning compliance
or marked the plans as disapproved and attested to the
same by his signature on such copy. The second copy of
the plans, similarly marked, shall be retained by the
administrative official.
D. Complaints Regarding Violations. Any person may
file a complaint regarding an alleged violation thereto.
All such complaints shall be brought to the attention of
the administrative official who shall record such complaint
and immediately investigate and report thereon to the
planning commission and take any action required by sub-
section (BI above.
E. Penalties for Violations. For any and every
violation of the provisions of this chapter, the owner,
agent or contractor of a building or premise where such
violations have been committed or shall exist, or any
other person who maintains any building or premises in which
any violation exists, shall be subject to a civil penalty
of not more than $100.00. Each and every day that such
violation continues shall be deemed a separate and dis-
tinct violation.
222-28
(Kenai Peninsula
Borough 7/15/75)
21.76.210--21.76.220
Any building or structure set up, erected, built, moved
or maintained, or an), use of property contrary to the provi-
sions of this chapter is unlawful and a public nuisance, and
the administrative official shall immediately commence action
for ,ho removal thereof, in thc m~.nnur provided by Section
21.16. 010.
All remedies provided for herein shall be cumulative
and not exclusive.
The issuance or granting of a building permit or approval
of plans or specifications under the authority of the building
.code without a certificate of zoning compliance shall not be
deemed or construed to be a permit for, or an approval of,
any violation of any of the provisions of this chapter or any
amendment hereto. No permit presuming to give authority to
violate or cancel any of the provisions of this chapter shall
be valid except insofar as the work or use which is authorized
is lawful and permitted. (Ord. 74-70 §l(part), 1974: KPC
S20.30.200).
21.76.210 Plannin9 commission. Pursuant to the pro-
visions of AS 29.33.245, the planning commission is autho-
rized to delegate powers to hear and decide cases within the
city of Kenai Municipal Zoning District involving zoning
conditional uses, variances, exceptions, and changes in non-
conforming uses as delineated in this chapter to the city of
Kenai advisory planning and zoning commission subject to the
following:
A. Copies of all records and mi~utes of all meetings
and hearings shall be promptly forwarded to the Kenai Penin-
sula Borough planning commission.
B. Expenses involved shall be borne by the city of
Kenai; however, permit, notice of hearing, mailing and ad-
vertising fees to cover these expenses may be levied by the
city of Kenai on the persons seeking conditional uses, vari-
ances, and changes in nonconforming uses. (Ord. 74-70 Sl
(part), 1974: KPC §20.30.210).
21.76.220. Conditional us9.and variance permits (plan-
p~ng .co;aissiOn). A. Conditional Use Permits. There are
some ~ses which are compatible with principal uses in some
zones if certain conditions are met. Most of these condi-
tional uses have been listed in Section 21.76.140. The plan-
ning commission shall permit these uses if the conditions
and requirements listed in this chapter are met and if the
procedures provided for applicable law 'are followed. The pro-
visions of this section shall not apply to applications for
conditional use permits for the surface extraction of natural
resources.
B. Variances. A variance may be granted only upon a
showing that all 3 of the conditions set out in paragraph b
of subdivision 1 of subsection C of this section exist.
222-29
(Kenai Peninsula
Borough 4/20/76)
1' An appilca' t~'on for a variance or a conditional
use permit shall be filed in writing and verified by the
owner of the property concerned.
a. The application shall contain the followi~
data with respect to the property and the applicant:
i. A legal description of the property
involved;
ii. Plans showing the location of all
existing and proposed buildings or alterations, elevations
of such buildings or alterations, and such data as may be
required.
b. The application for a variance shall contain
a statement and adequate evidence showing the following
conditions, all 3 of which must exist before a variance
may be granted:
i. That there are exceptional physical
circ~stances or conditions applicable to the property or
tO its intended use or development which do not apply
generally to the other properties in the same land use
district;
ii. That the strict application of the
provisions of this chapter would result in practical dif-
ficulties or unnecessary hardship;
iii. That the granting of the variance will
not result in material damage to other properties in the
vicinity nor be detrimental to the public health, safety
or welfare.
2. The planning commission shall hold a public
hearing upon each properly submitted application for a
variance. Such hearing shall be held not less than 10 days
nor later than 30 days following the date of filing of such
application and the applicant shall be notified of the
date of such hearing. The planning commission shall cause
to be sent to each owner of property within a distance of
300 feet of the exterior boundary of the lot or parcel of
land described in such application notice of the time and
place of the hearing, a description of the property
volved and the provisions of this chapter from which a
variance is sought. For the purposes of this section,
#property owner" means that owner shown on the latest
tax assessment ro11. (Ord. 76-4 §4, 1976; Ord. 74-70 §1
(part], 1974~ KPC S20.30.220].
21.76.230
21.76.230 Variances and appeals (board). A. Appeals
from Decisions of the Administrative Official and Planning
Commission. The board of adjustment shall hear and decide
appeals pursuant to AS 29.33.110 and 29.33.120.
1. Appeals on matters delineated in AS 29.33.110(b]
shall be heard by the Kenai Peninsula Borough planning
commission prior to being heard by the board of adjustment.
222-30
(Kenat Peninsula
Borough 4/20/76]
the appeal dc, hove and shall, within lO days after the
hca i-r n~, render its findings in writing to the board of
adjustmen~nt...
adjus~ne2-- Appeals in order to be heard shall be filed
in writing with the aainistrative officer and the borough
clerk within l0 days after the adverse decision is rendered
a~d shall be acc~,panied by $25.00 hearing notice, adver-
tising and mailing fee payable to the Kenai Peninsula
Borough.
3. Notice of the Kenai Peninsula Borough planning
commission hearing shall, by certified mail, be sent to the
owners, as sho~m on the latest tax assessment rolls, of
any property within 300 feet of tho propdrty involved, and
shall be advertised in a newspaper of general circulation
in the area involved at least 5 days before tho hearing.
B. Procedure:
1. The board of adjustment'sha11 set a date for
a~d hold a hearing on all appeals within 30 days of the
filing of the appeal. At least 10 days' notice of the
time a~d place of such hearing shall bo mailed to all
parties interested and to all property owners within 300
feet of the property involved.
2. Within 30 days after tho hearing, the board of
adjustment shall render a decision on the appeal.
21.76.240--21.76.250
In exercising the abovomentioned powers, the board
o£ adjustment may reverse or affirm, wholly or partly, or
may modify the order, requirement, decision or requirement,
decision or determination as ought to be made, and to that
end shall have all tho powers of the body from whom the
appeal is taken.
3. All meetings of the board shall be open to tho
public and the board shall keep minutes of its proceedings
showing its decision, tho reasons for its decision and the
vote of each me~ber upon each question. Said minutes
shall be made a public record.
4. The board of adjustment for the city of Kenai
shall be the city council of the city of Kenai as provided
for by statute. (Ord. ?4-?0 §1(part), 1974= KPC
21.76.240 Appeal to superior court. An appeal from
a~y a~tion or ~eciSi~n of the board og adjustment may be
taken by any person to the superior court as provided by
state law and applicable ordinances. (Ord. 74-70 ~l(part),
1974= KPC ~20.30.240).
21.76.250 Severabilit~. In the event any portion,
sectiOn, subsection,'~lause, sentence or phrase of this
chapter is for any reason hold to be invalid or unconsti-
tutional by the decision of any court of competent ~uris-
(Kenal Peninsula
Borough 7/15/75)
222-31
BOx 850
Kenal I~aptiot Temple
~. O. BOx 390~
~eptc~ber 17, 1976
~entlenens
genai llaptist Temple hereby appeal; tire deciolen o~ the ~enat
~ ~nin~ ~is~t~ ~de ~ 919176~ at ~hich t~ they d~ied ~nce
.of a ~t~ use p~tt ~ K~a~ D~ptl~ ~ operate a eh~ch And
~ nt tho l~tion describ~
~t A, ~ura Su~Lv/~on a~ ~C~ 1 ~ 2 of the r~Tet
Of Tract A~ ~dura Su~tviolon, in the ~t R~rdins
Enclosed lo the required $25 fee required by the ~enai Peninsula Borough.
Sincerely
Robert H. Larrabee
~. S.- As of this date ve lmvo not received written notl£icntion of
tho decioton of the ~enni Plannin8 and Zonin8 Connisston.
DISI*IIIc"r, C%'L'Y OY I&~:~a% - ~ ILtl)E
4'7- 03
SUG,
i~ 'l PENINSUL~ CLABI ON
· PUBLIC. NOTICE
Notice is hereby ~iven.that appeal has been made by Robert
Il. Larrabee of Kenai Baptist Temple with the tc~inistrativo
Official and the Kenai Peninsula Borough Cle~l~ appealinE the
September 8, 1976 decision of the City of Kenai Advisory
Planning and Zoning Co~aission.
Public hearing'on this appeal for ~ Conditional Use Permit
within a General Co~nercial (CG) Zone to operate a church
and private school located within the City of F~nai and ~ore
particularly described as Tract A of the plat of 3hadura
Subdivision and Lots 1 and 2 of the .plat of Lots
~ithtn Tract A Shadura Subdivision, wi. Il be held by the
tonal Peni~lsula Borough Planni~ ¢o~n~tsston at-its scheduled
meeting, ~onday, October 4, 1976, which co.nonces
.~orough Id~inis~ra~ion B~ilding, Soldotna. Alaska.
Public bearin~ on this appeal will be held by the City
Council of the City of ~enai sitting as a Board of AdJuat-
meat, ~ednesday, October 20, 1976, which
Public Safe~ Buildin~, Kenai, Alaska.
l~yone wishing to present ~estimony co~Jcer~t~t this appeal
should do so at these public hea~ings or submit written
co.eats to ~he ~enai Peninsula BorouKh, Plan~in~ Depart-
meat, P.O. Box 850, Soldotna, Alaska 99669, prior to October
4, 1976. .
6. $. Best
.Planning Director
Jamec i. Elson
Ilayo~, City of [enai
2x (September 30, 1976 & October 7, 1976)
PUBLISH:
LINDSEY C. V/ILLIAUS
ALASKA
"AMERICA'S LAST FRONTIER"
· P,O, BOX 7 ·
KASI! OF; Al. ASKA c~610
'October 4, 1976
TO $ TH~ KNURl PENINSULA BOROUGH PLANNING AND ZONING BOARD
RE~, ,~t~Z BJt~ZTZ,~'~ T~;Y, PLI~
Gentleman
K~AI CZT~ ZONING
Z vish tO go on record as being in favor of the
issuance of the requested ~ondtttonal. Use Pemtt ~or the
l~nai Baptist Temple and ~ings Christian tcademy.
Every large city oI ou~ nation have chucches in the
~kttopolttanbusiness area and to my knowledge these churches
have always been compatible tO decent and respectable business
establishments.
gvery~asto~ and school teacher is a recognized
p~ofessional in his or her [ield. According to the la~s in
tho city o£ l~ena~, professional people such as doctors and
lawyers a~e allo~ed to have business establishments in areas
zoned co__~__~e___rcial, why should not a pastor and school teacher
be given the sa~e privilege?
Thaukyou,
Po Os Box 2741
Kenat, AK 99611
October 4, 1976
Betty Gltck
Chairman
Planning & Zoning Commiss£on
KenaI Peninsula Borough
Box 850
$oldotna, AK 99669
Madam Chairmans
X wish to voice my op£nion on the cond£tional ~se in a
commercial zone being asked £or by the Kenai Bapt£st Temple
and Mings Christian Academy.
After much research ! find in my opinion, strong evidence to
deny such a condtttona~ use.
Z find very little commercially zoned property in the City o£
Kenai compared to the various other zones where a church and/or
~chool are properly allowed, In my opinion, the presence'o£
sitter a church or school within ad~oining properties does £ndeed
hinder operation and £tnanctng o£ some types o£
businesses which are operating within their proper zone. This In
ltsel£ conztLtutes legal grounds £or disallowing a conditional
use permit. It clearly states tn our C~ty ~on£ng Ordinance
2h&t 2here must ~ot be any con£1tct with the proper inhab£tants
of a zone, There must be complete harmony ~tth various other
users o£ the zone ~n order to receive a conditional use permit.
Zn order not to make this a lengthy statement ! will close by
saying please re£oF to the zoning regulations and assess on the
basis o£ the conditions to be met be£o~e legally qual~£yinq for
· coAdtttonal use permit.
My apologies £or.not being able to test£fy personally and my
gratitude £or your attention,
MtchaoX tS. Hamr~.ck
Y~mai Baptist Temple
~, Od ~ox 3905
~mai, Ala.~ka 99611
Janis C, {{illia~s, Attorney:
This lettgr id in and:er and reply to the sunmona dat~ Sept. 3, 1976.
~e of the l'.en~i Baptist T~le ~ould azatn lii~ko So on record saying,
' ~It Is not o~ purpose or intent to be a hinderance to the City of
~Z ~ be a help ~d blessin~ to the
'~ ~o v~e ~iderins the ~rchase of th~ N. C. auto c~ter property
for use as ch~ch and school ~e were info~ ~t l~ ~ould no~ be a
w~blma to 8et a ~se pemi~ to do ~, Ue asked, for this prior ~o the
~se of ~e property. At ~e mee~in$ tha~ ~his reques~ vas presented
~o ~e not ~esen~ because the neetinl ~a~ on a rezular scheduled church
~eetin$ nlsh~. At ~ls mee~inz the i~ ~as ~bled. ~e ~ere not ~are
of ~y ~obl~s ahead tn connec~l~ ~th the use pe~it. Be~een this
first matin~ and the me0~in~ ve att~d~ ~hen ~e ~e told ~t ge ~oulg
n~ a public hearln~ da~e set, ~e p~chased ~he proper~y. I ~as personally
~ l~ve to~ ~e a~ ~y ~ be 8one ~or a n~ber of ~eeks a~ vas ~ld
~t I could set ~ a hearin~ date ~h~ I retu~eg. ~en I re~u~ed
~ve~al veeka later I set ~e ~a~e ~or ~he h~ln~.
~ll~ va ~ere ~ttl~ for the h~rins ye received ~gers to c~se op~ation.
~e letter stat~ t~t i~ ye ~d any question~ or co~en~ ~o contact
~e office. ~ls I did aski~ the considera~ion be ~ge tha~ ye had
only a f~ days before the hearin~ and it ~ould no~ be practi~l for
~ ~ ~ve fO~ ~eso f~ days, I s~ted t~t ti ~o UGe pe~i~ va0
uot issued to us that ~e eobld have to l~k for a~ther place at ~ha~
.t~o, ~ls ~s ~p~ened and ye are seeking to fl~d a location as' soo~
as practical.
The ~nons that you have sent ~tates that ~e are to pay a peanlty of
not more than ~100 per day. Ue could ~EaEe an atto~ey and oppose
~l~ penalty but I do not feel it ts necessary if you ~ould confider
the foll~in~
~e have had fro~ the beginninl~ no motive of brinl~tnl; any problems
or hinderence$ to the City of lienai.
l~e have ~one .through the proper steps of action to get a conditional
use per~lt.
l/o are no~ tryinz to find ~ way out so that the property can be
o
used for the intended use as zoned~
Me are dealing pith two intereoted partie~ as to trade or sale
of' property. '
~e have filed an appeal to the borough.
· he appeal and selltn~ tranaction take tf~e and we are nots in
thc mean time, hurtinZ any others ~.th their desired use and
· intent -o£ ?roperty use ~round us.
therefore that the penalty is not reali~tic and should bo dropped
as ~e do vhat we have purposed in this letter. .
~lncerely yours,
Robert. H. La~wabee
r,h o:.r:t i;o
o.l'.' Alar. l:a )
~:t~O
· ~OtS0
. ~1X~ · ~ ~,..
LOT
I
'l
Oo
K.N. M. g. . .HO TRS. U.S.S. 1435
g)elo ef re,etd SlJow~ m ( ). ,;..
Retef Cornet 4 flora Cotott ~ usiag 'dote of ts~ord (U.S.S. ~970 A) ll~e most tecenf ,
: . ..: .
· ' '. :'..". ,.. .. PROPERTY SURVEY OF .'
: : FOR ~ KENAI NATIONAL MOOSE RANGE
· ' .'. *.' , Surveyed bj~; $. S. ~fcLone~ R.L.
I I
4 ~e.
Kennt PeninGula 'Borough Plannin~, Co~.
lienni llaptisc ?emple
~o O. ~ox 390~
lie~lt, Alaska .~9~II
itepte~ber 17, 1976
Oentl~en:
llen~t 9nptiot T~ple hereby appeals the de. ci~ib~ of the }:~t Pla~in~
~ kniflg ~lsolon ~do ~ 9/9/7G~ nt s;htch t~e the~ denied tss~nce
of a conditl~l use pe~lt to l(enai B~ptist to operate a church and
~s ~risti~n /,ad~ ~ operate a ~ivnte school In a ~eral c~ercial
~no at ~e lo.ilea described belo~;
Tract A, ~hadura Subdivision and Lot~ I and 2 of the replat
o£ Tract A, Shadura Subdiv£sion~ in the ~at Recording
~o%os~ io ~e requ~ed ~25' fee t~uired by ~e Ii.hi PeninsuXa ~rough.
Sincerely
Robert 11. Lnrrabee
· ho deciolon o£ the Y. enai Plannin$ and Zonin6 Co~loolOno
Ao o£ this date we have not received ~ritten notification o£
,. ,' : · -,':t:," ,.. .
~_ Malston, Roland P~y~nd, Nick Miller, Cliff Heus,
Presen-: Ron .
Absen ,t:: None
Es-Officio Me.?bet Present: Councilman Ed ~barian
FOR CONDITIO:'IAL USE PEPJdlT: KE~,:AI BAPTIST TE:.~LE
This m~eting was called by the ~o~tssion in order to obtain
additional information from Kenai Baptist Temple in reference
to 9ranting of a conditional use permit to enable them to
operate a church and school in a general coamercial zone,
following the public hearing held on September 8, 1976 in
this regard.
Chairman Olick advised the persons present that this meeting
was closed to public testimony.
Chairman Olick asked Mr. Larrabee when services were held
by Kenai Baptist Temple and the size of the congregation.
Nr. Larrabee stated that the congregation size ranged from
40 to 65 persons and services were held on Sunday morning
and evening and Wednesday evenings.
Chairman Glick asked if Mr. Larrabee felt there was'adeauate
parking for the church and school at this location.
Larrabee stated that he did.
~r. ~alston asked if Mr. Larrabee had been 'in touch with the
State Fire Marshal's office. Mr. Larrabee stated that the
Fire Marshal's office had not investigated this location, but
ha4 inspected their previous location.
Mr. Miller asked Mr. Larrabee if he realized that~ccording
to State Statute, there cannot be a bar within 200 feet of a
school yard. Idr. Larrabee stated that they were aware that
there was such a law but had not kno~m the specified distance.
F~. Raymond asked the zoning of Kenai Baptist'Temple's previous
location in the A P & E building. Mrs. Herren advised that
this area was zoned urban residential.
Chairman Glick asked how long Kenai Baptist Temple would
utilize this building if they were issued the conditional use
permit with no restrictions. Mr. Larrabee sta~ed that they
may use the building for only one yea=, but would be in a
better position to determine this at the end of this year.
they did not move a= ~he end of this school year, the term of
use would be indefinite. KENAI PENINSULA BOROUGH PLANNING
aND ZONING CO$1MI$$1ON ME~TI~G
OCTOBER 4, 1976
APPE~DIX."C" ''
SPECIAL .~ETI.~IG SEPTE!:~ER 9, 1976
CITY F$~IAGER'S OFFICE 7:00 P.M.
BETTY GLICK, ~I~
ROLL CALL
Present:
Ron Malston, Roland Raymond, Nick Miller, t
Mike ~a~rick and Betty Glick .i
Absent~ None
Ex-Officio Member Present:
2. REOUEST FOR CONDITIONAL USE PERMIT:
Councilman Ed A~barian
KE~IAI BAPTIST
This meting was called by the Co~xtssion in order
additional information from Kenai Baptist Temple in
to granting of a conditional use permit to enable
operate a church and school in a general commercial
following the public'hearing held on September 8, 19~
this regard.
Chairman Glick advised the persons present that this
was closed to public testimony.
Chairman ~lick asked Mr. Larrabee when services were
by Kenai Baptist Temple and the size of the congregai~
~tr. Larrabee stated that the congregation size rangeql
40 to 65 uersons and services were held on Sunday mo~
and evening and Wednesday evenings.
Chairman 6lick asked i, Mr. ~arrabee felt there was
pa~king for the. church and school at this location.
Larrab~e stated that he did. . .
Mr. Malston asked if Mr. Larrabee had been in to~ch
State Fire Earshal's office. ~r. Larrabee state, th~
Fire Marshal's office had not investigated this
had inspected their previous location.
Mr. Miller asked Mr. Larrabee if he realized that
to State Statute, there cannot be a bar within 200
school yard. Mr. Larrabee stated that they were awn:}
there was such a law but had not known the specified
location in the A P & d g
this area was zoned urban residential.
Chairman Glick asked how long Kenai Baptist Temple
utilize this building if they were issued the condit:.]
permit with ne.restrictions. Er. Larrabee sta~ed thl
~ay use the building for only one. year, but would be
better position to determine thzs at the end of this
they did not move at the end of this school year,
use would be indefinite.
.... EENR! PI.,RNNING & ZONING COMMISSION
SPECIAT,, [~ETING SEPTE:-~ER 9, 1976
PAGE 2
Chairman Glick asked if Kenai 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 ~tated tha~ they did Dot feel the expense would
be such to make in unfeasible to use this building.
Mr. Hamrick 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 att his location.
Mr. Heus asked if'any of the-major alterations would make
the building unsuitable for commercial mse. Mr. Larrabee
stated that he did not feel the alterations would make the
building unsuitable for commercial use, as the alterations
would be comprised of overhead doors and things of this
nature.
Mr. Ramrtck asked if there would be kitchen facilities .
in this building. Mr. Larrabee stated there would be none.
Mr. Miller asked if the State Fire Marshal's Office had given
them any information on what changes are needed to meet codes.
Mk. Lazrabee 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. Mr. ~amrick asked
if ~he school went through the 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 Nx. Larrabee if he was working full-time
for the church and school. Mr. Larrabee stated that he was.
There are four full-time 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
Olick asked the Commission to discuss the matter.
KEN~! PLANNING & ZONIN~ COl't~l$SIO~ ................
SPECIAL .~ETENG SEPT£~:~BER 9, 1976. Page
· }tr. Bamrick askud if they should 'mmke a separate motion for
each of the church and school. Chairman Glick stated that
the matters could be considered jointly or separately.
Mr. Raymond stated that he could see no reason to consider
thc -~-~ for the ~hllrch and ~r~oo~ separ~eelv.
Mr. ~eus 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-~onstdered first.
Mr. Miller stated that he felt I4r. Bookey's testimony att he
public hearing was significant in this matter, as his
situation could happen to.other property owners in the area.
Mr. 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 allow operation of
a church and school in this zone could adversely affect him
and Mr. Bookey is operating within the intent of the zone.
Mr. Hamrick stated that the City has very little commercial
property. This Commission is meeting to consider the future
development of Kenai. If there is a small amount of commercial
property at this time, this area is going to be needed by
b~sinesses for development in the future. There is a much
larger amount of residential property which allows.churches and
schools and prohibits businesses. Mr. Hamrick felt that the
~mmission should consider the amount of commercial property
available and the amount of residential property available ..
in making their decision.
.Mk. Heus stated that he had studied the zoning ordinance
and that a conditional 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 ~he permit if there was a definite move /
planned by Kenai Baptist Temple and if a time limit was
included in the motion.
Mr. Hamrick asked Mr. Larrabee to restate whether or not this
would be a permanent location for their operations or whether
they would be moving at the end of the year. Mr. 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 time to secure another location.before expiration of
the permit.
· KENAI PLTR:NING & ZONING CO:'U~.ISSION
SPF, CIAL I. ICE?ING $EPTgI:.BER 9, 1976 Pag.e 4
Mr. Heus asked if the property in question was zoned generai
commercial o~ central commercial. Vas. Horton advised that
the property was.zoned general commercial. 14r. Heus stated
the uses permitted in the general commercial zone.
matter up to this date. ~s. Glick stated that~x. Larrabee
had contacted gorthern Co~aercial Co. regarding purchase of
'the Old g. ~. ~uto Center' for the purpose of a church and
christian schoel, g. C. requested that t.~. Larrabee check
.the zonin~ requirements prior to purchase of the building.
~pon checktn~ with the Cirri, ~r. Larrabee was advised that
he would need a conditional use permit for this use in a
general commercial zone. Iir. Larrabee appeared at the
~une 9, 1976 meeting of the Commission and it was determined
that a conditional use permit would be required and a public
hearing would have to be held. The public hearing was
scheduled for the first meeting in August at the request Of
Mr. Larrabee. It ~as not held at this time. Shortly after
this time, gonad BaptiSt Temple began operation of their
church and school in this zone prior to issuance of a
conditional, use p~rmit. Therefore, it was necessary for
the City to begin legal proceedings against genai 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 Glic~ stated that the Commission 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.
Chai~ma~ Glick stated that the Commission must decide if the
con~itional use permit is within the intent of the zone.
Chairman ~lick read the uses permitted in this zone. The
Commission can and is authorized to issue the conditional use
permit for any length of time. We must issue or deny the
permit 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
approximately 40 students from the public school system. There-
fore, the taxpayers are not saving any substantial amount of
money because of the private school.
Chairman ~lick asked the wishes of the Commiss~on..
.i
KENA! PLANNING & ZONiNG-COI;~I$$ION
SPECIAL :dEETING SEP'I'£MBER 9, 1976
Page 5
F~. Heus stated, khat 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 permitted uses in this zone.
that - church an~ social hall wcr~ -~-~'--
IdOTION=
Mr. Beus moved, seconded by Mr. Raymond , that the Kenai
Advisory Planning and Zoning Commission 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
pxovided 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 tSme~'~se of the building
and property for the purpose of a church will terminate.
Mr. ~alston moved, seconded by Mr. Heus, to amend the main
motion to read "fo~ a period ending June 30, 1977~ rather than
"for a period of one year.
Motion passed unanimously by roll call vote.
Mr. Heus stated that he would like to continue the discussion
of similar uses in this zone. In his opinion, a church is
similar to a social hall.
Mr. ~amrick stated that a social hall was Permitted in this ...
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.
Mr. Nalston stated that'a social hall would not effect development
i~a oommercial zone. A ~hurch could.
Mr. 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.
Mr. ~alston asked what would occur if Kenai Baptist T~mple
applied for a conditional use permit at the expiration of this
permit. Mr. Heus stated that the entire matter would have to
~onsidered again at that time.
KENA! PLAI~.{ING & ZONING COMMISSION
REGULAR :I.~ETING 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 problems could arise if the conditional use
permit was issued.
AMENDI;~NT:
Z~- Bamrick moved, seconded by Mr. 14alston, to amend the main
motion with the addition of the following condition:
2. That the Kenai Advisory Planning and Zoning Commission be
furnished with written proof of compliance of Kenai
Baptist Temple with the various codes at such time as
they have been inspected an4 found to be in compliance or
non-compliance.
~otion passed by roll call vote.
Voting yes: Malston, I.~ller, Heus and Glick. Voting no:
Raymond and Bamrick.
QUESTION - IiAIN ~IOTION AS AMENDED:
Notion failed by roll call vote.
Voting yes: Raymond. Voting no:
Bamxic~and Glick.
Malston, Miller, Heus,
Chairman ~lick advised the commission that they should now
~onsider ~e issuance of a conditional use permit for
Wings Christian Academy.
Mr. Heus stated that he did not feel that a sch.ool would be ....
similar to any of the uses permitted in the general commercial
zone end he did not feel that this was a good location for
a school.
FI)TION:
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
withwritten 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 conaitional use permit will expir6 on-.June 30,-1977
and will be non-renewable.
'SPECIAL MEETING
cO:4:.1 ! S S ! ON ...........
SEPTEMBER 9, 1976 Page 7
Mr. Ra}~nond stated that he would not .like to see this'permit issued
on a long term basis but could see no detriment in issuing the
~ermit until June of 1977.
~dEND~a~NT:
Mr. ~alston moved, seconded by Mr. Miller, that the main motion
~e ameJ,dea by addition of th~ following
That a letter ~ received by the Kenai Planning and Zoning
Commission from Kenai Baptist Temple, stating that it was.
Hnderstood by Kenai Baptist Temple that the conditional use
~ermit 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 no: 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
¢omin~ school year.
Mr. Hamrick stated that if the permit was issued, the Commission
would be faced with the same decision nine months from now.
Mr. Raymond stated that he would like to see the school in operation
a~so. -
Mr. Heus aske~ City Attorney Janis Williams if the Commission could
deviate from the conditional use permit requirements due to
hardship. Miss Williams stated that if they. granted the permit for
a nine month period, they should state in their findings of-fact
that the Commission had determined that a long term use is not
compatible, but that a short term use-i~ allowable.
Mr. Miller stated that the hardship matter 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 A/.~NDED:
Motion failed by roll call vote.
.Voting yes: Raymond and Heus.
Voting no: Malston, Miller, Hamrick and Gltck.
-ChairmanGlick advised Mr. Larrabee that the Commission 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 Commission had
to consider the intent of the commercial zone and the conditional use
permit uss. These uses did not meet either reguirement. Mr. Larrabee
knew that there was a possibility that the permit would not be granted
and had stated at a previous meeting that he realized the building would
be his responsibility if the permit was denied. The Commission has
~o complaint against the church or school, but does not feel they should
be %ocated in a general commercial zone.
KENAX PLANNING ;~D ZONING CO.~.IISSION
SPECIAL MEETING SEPTEMBER 9, 1976
Page 8
3. V.I.P. Ranch Estates Final Plat
Mr. Heus moved, seconded by Mr. Miller that the Commission recommend
to the Borough Planning and Zoning Commission approval of the
final plat of V.I.P. Ranch Estates Subdiv~.~ion w~th th~ foil. owing
recommendations:
That a temporary cul-de-sac be placed on the north end of
13t~Ave. S.W., until such time as the street development is
completed.
2. The proposed block number, shown as number 3 on this plat,
be verified.
Motion passed unanimously by roll call vote.
Th~e being no further business, the meetin~ adjourned.
MOTION:
Mx. Hamrick moved, seconded by Mr. Miller, that the meeting.
reconvene for the purpose of review of Dave Egge's Hydraulic
Governor Service.
Motion passed unanimously.
MOTION:
}~. Hamrickmoved, seconded by Mr. Miller, that the Commission
recommend to the City Administration that the Administration.
begin the proper steps to levy a maximum'fine on Dave Egge's
~ydraulic Governor Servic~ , in view of the fact that they
have been given two extensions in order to comply with zoning
regulations and are still in violation.
Motion passed unanimously by roll call vote.
There being no further business, the meeting adjourned at
XO:O0 p.m.
REGUL.'.K ."..':F.:-~:;G ":'-' .... ~'-~' S 1976
KE.~:Ai ;'L'FLiC EA'."E?Y 3UiLDiX3 7:00 P.!':.
BETTY GL1CK, CI~AiFJ'~'-'-;
1. ROLL C~LL
Present: Ron ~lston, Roland Raymond, Nick Miller, Cliff Beus,
~.1ike H---mrick and Betty Glick
Absent: None
Ex-Officio Me~ber Present: Ed Ambarian
PUBLIC HEAP~NGS
A. Request for Conditional Use Permit in a General Comm_ercial
~one: Ken~i BaRtis~ Temple
Chairman Olick asked Mr. Robert Larrabee, Pastor of the Kenai
Baptist Temple, to give the Co~mission information on the
purpose of the conditional use permit.
Mir. Larrabee stated that Wings ChristianAcademy had been
holding school for two years in the Automotive Parts and
Equipment Company building. They now needed a larger facility and
so had purchased the old N.C. building.
~nairman Olick asked ~4r. Larrabee to give the Commission further
information on the operation of his church and school.
Er. Larrabee stated that the Kenai Baptist Temple wanted 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 guestion - they
only wish to use the property. Mr. Larrabee stated that the
school had 2~ students last year, with an enrollment of 40
students this school year. The ~rowth rate of the school would
4epend 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 mrior to
purchase of the building and had informed them t~at there would
be no problem in m~:ing the necessary adjustments to enable the
building to meet the local fire codes.
Chairman G1Ack asked if there were plans to fence in the
playground area. Mr. Larrabee stated that there were no plans
at this time, but they would be willing to fence the area if
the Co~lission felt this was necessary.
KENA! PENINSULA BOROUGH PLANNING
AND ZONING CO~ISSlON MEETING
OCTOBER 4, 1976
APPENDIX "B"
CG CO $
'REGULAR I.'~ETI.%"G SEPTE.'.~ER 8, 1976
KENAI PUBLIC SAFETY BUILDING 7:00 P.M.
· B~TT¥ GL~CK, CHAIPJ.~%N
ROLL CALL
Present: Ron F~lston, Roland Raymond, Nick Miller, Cliff Heus,
I4ike Hamrick and Betty Glick
Absent: None
Ex-Officio Member Present: Ed Ambarian
2. PUBLIC HEARINGS
A. Request for Conditional Use Permit in a General Commercial
Zone: Kenai Bapt%st Temple.
Chairman Glick asked Mr. Robert Larrabee, Pastor of the Kenai
Baptist Temple, to give the Commission information on the
purpose of the conditional use permit.
Mr. Larrabee stated that Wings Christian Academy had been
holding school for two years in the Automotive Parts and
Eq~ipment Company building. They now needed a larger facility and
so had purchased the old N.C. building.
~nairman Glick asked I.~. Larrabee to give the Commission further
information on the operation of his church and school.
Mr. Larrabee stated that the Kenai Baptist Temple wanted their
use of this building t6be good for the community and stated
that.he.had a_number of~etitions 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. Mr. 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 Slick asked if there were plans to fence in the
playground area. Mr. Larrabee stated that there were no plans
at this time, but they would be willing to fence the area if
the Commission felt this was necessary.
KENAI pLA:{:.'ING & ZONING
REGUIJ~R ~.~ETING .SEPTEMBER 8, 1976
:(Item 2-A, continued)
Chairman Glick 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 simila
to principal uses permitted in the zone and if it did not
¥iolate the intent of the zone. Chairman Glick then read
~u,,.,~l zon~ fr~,. thc Zoning
the intent of the g~n~ral ...... :'
Ordinance, ~74-70, and-the minutes of the June 9, 1976
meeting of the Planning and Zoning Commission, at which ti
Kenai Baptist Temple had requested the conditional use
permit.
~hairman Glick opened the meeting for public input after
reading the rules governing input from the public.
~iles Dean of Kaknu Korners Subd. in Kenai, asked the
definition of professional offices as outlined in the zoni~
ordinance. Chairman Glick stated that, in her opinion, t!
would refer to attorneys, doctors, etc.
The question was directed to Mr. Ambarian.-- Mr. Ambarian
that his opinion was the same as' Chairman Glick's in this
regard. Mr. Dean stated that he would like the definitior
this word supplied in a letter to Kenai Baptist Temple.
Mr. Dean spoke in favor of granting the conditional use
because the church and school would be a great asset to tl
community.
Lynn McCollum of McCollum Rd. in Kenai, spoke in favor of
granting the conditional use permit because a good school)l
is neede~ in the community - his son attends this school, t
ester Cone of Kenai spoke in favor of'issuing'the condi'i~
~h be
use permit because he did not feel the issuance w~u}~
detrimental to the surrounding property owners anu ~ne cn
and school would be an asset to the community.
Jim Bookey of Overland St. in Kenai, stated that he owned
of the surrounding property in this case and is in the pr]
of buying additional property in the area. The area was
established to provide a location for businesses. He ope"
a restaurant in this zone and has plans to build a motel'
a bar on the property adjacent to the proposed Kenai Bapt
Temple ~ite. Mr. Bookey spoke in opposition to issuance
the conditional use permit because a church and school ne:
to his property would effect financing of his proposed cc
tion of a motel and bar, (which is well within the intent
the zone), issuance of the permit would delete four acres
prime commercial property from the area and he felt the i
of the general commercial zone should not be violated.
Calvin Quandt of Bush Lanes Subd., Kenai, questioned the
validity of the zoning ordinance and then stated that h~
ordinance should-be strictly upheld.
Neil ~of Birch Dr. in Kenai spoke in favor of issuar'
of the perm~h because he felt the school is an asset to
community. They were not asking for a permanent zoning
They were only asking for use of the property temporarils'I
il
}:ENAI PLANNING & ZONING CO:4MISS~0N
REGULAR l~ETING SEFTE~.~ER 8, 1976 Page 3
(I~em 2-A, continued)
Allen Bope of Bush Lane Subd. in Kenai stated that they were
previously operating approximately 2 blocks from the location
in question and had no problem with zoning regulations at
that location. Therefore, they had no idea that there would
be a zoning problem at the location in question.
Mr. Malston stated that the previous property had been zoned
tLrban residential and the property in question was zoned
general commercial.
Mr. O'Loughlin who o%~s property adjacent to the old N.C.
building in Kenai, 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
meeting, they purchased the property. At the June 9th meeting
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 this .zone until such time as a conditional use permit
was issued. Mr. Larrahee 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 opera,ion.
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 4thand 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
be satisfied with a ~o year permit, as this would enable them
to findanother location. A one year permit would even be
acceptable as this would allow them to operate this school year
while looking for another location. Mr. Larrabee asked what
procedure was required to rezone the property. Chairman Glick
advised him that he would have to file for rezoning of the
property through the Boroug~ and a public hearlng_would.~e held.
Mr. Larrabee stated that th~s was just a matter o~ questlon.
Mr. Wells stated that he wished to encourage the Commission
to grant the conditional use permit.
CO:.~I$$1ON -. II .....
REGULAR }~ETING SEPTEMBER 8, 1976 Page 4
· (Item 2-A, continued)
Mx. 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
intercstefl in ...~'-~
.... =~=~ ~ not taxes would 'have LO be paid. We Has
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.
Lindsey Williams of Kasilof stated that he has been a pastor in
several areas and had noted that churches and schools in downto~
areas were permitted in large cities. A church is compatible with
businesses. ~lr. Williams requested a show of hands as to who was
i~l favor of granting the conditional use permit.
Mr. Bookey objected to testimony outside of the City Limits of Kenai.
Chairman Glick stated that she appreciate~ M~..Williams interest, but
this 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 %he center of the community and that
in mx)st 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.
S~anley 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 which might go into this area. Mr.
taxpayers a large sum of money each year. She spoke in favor of
issuance of ~he permit because the school was an excellent one needed
by the community.
-
Vincent'Spa~ywho is presently living with Mr. Larrabee spoke in favor
of issuance of the permit. ~e has been a teacher for five years and
the education given at this school is excellent, making for a better
~ommunity in the future.
N~I Payne, presently living in Kenai, stated that he was familiar
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.
Dean asked why the City was involved in this matter since the Borough
idthe zoning. Chairman Glick stated that a show of hands was not
o~der, since the purpose of this meeting was to obtain verbal testimon}l!
e ~orough delegated certain functions to the Kenai Planning and Zoning
Commission, one of which was to grant conditional use permits within the
City of Kenai. 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
r ' (,te n 2-A, continued)
I _[_./i.' they did.
Page 5
Stan Wells asked if Kenai Elementary and the church presently located
on the highway had grandfather rights. Chairman Glick stated that
Frank Blevins of Overland St. in Kenai spoke in favor of issuance
of ~Je permit because he could see no detrimental effect to the
adjacent property if a school and church were placed in this zone.
Mr. Blevins felt that the church and school would benefit Mr. Bookey's
restaurant business.
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 next to
the property could adversely affect his financial arrangements.
Miles Dean asked who made the final decision.in this matter. Chairman
Glick stated that the ~enai Planning and Zoning Commission made the-
decision. Their decision could be appealed to the Borough Commission.
Marlene Dean spoke in favor of issuance 'of the permit because the church
an4 school would be an asset to the community.
Sandra ~hittington spoke in favor of issuance of the permit because the
education would be beneficial to the children of the community.
Pat McCollum spoke in favor of issuance of the permit.
Sherrie 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. 0uandt 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 with effect on adjacent
property owners and on the community, along with all other' aspects of
the matter.
Elizabeth Hamar ~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 school from being torn down. She 'felt that
Kenai Baptist Temple had misrepresented the intent of the conditional
use permit 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
community members 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 limits.
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.
K'ZNAI I'LA/:::I:,.'G & ~O..I..G CO:.~.;I$SION
REGULAR ~.:EV-TING SEPTEMBER 8, 1976.
(Item 2-.A, continued)
Page
Mr. Bope stated that if the Commission granted a one. or 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 :-~. Bookey had $~at=d that it would be a year
or two before construction was begun.
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 required to fence the lot
they may have to close the access road.
Miles Dean asked if the Commission felt the fine now levied
against Kenai Baptist Temple for zQning'violation was just
and asked if the fine was being levied on a day today 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
with the Commission and that they would be reviewed. Mr.
Larrabee stated that they did not wish to change the zoning
.of the property.. Mr. Larrabee also submitted letters which
were sent to the property ovmers within 300 feet of the
old N.C. building from Kena.i Baptist Temple for the Commission's
review.
At this time, 9:00 p.m., the Commission recessed and reconvened
at 9:15 p.m.
Chairman Glick read letters received from adjacent property
owners in response to the notices sent by the City administra-
tion.
Chairman Glick closed the meeting to' the public and asked the
washes of the Commission.
Mr. Hamrick stated that he would like to have time to review
the material submitted at this meeting before making a
determination in this matter.
MOTION
]Hr. ~amrick moved, seconded by Mr. Miller, that the Commission
schedule a special meeting at a later day to make a determination
in the matter of issuance of a conditional use permit to
Kenai Baptist Temple.
Motion passed unanimously by roll call vote.
A specia% meeting was scheduled for 9:00 p.m., Thursday, ~eptember
KENAI PL.~.:::.HNG & .O..I..~ CO:.::-1ISSION
REGULAR I.'.;'-E%'ING SEPTE.'dBER 8, 1976. Page
(Item 2-A, continued]
9, 1976, at which time the Commission would render a decision
in this matter.
B. Regues.t for section Line Vacation: Le60berts
Chairman Glick opened the meeting for public input. There
being none, the meeting was brought to the Commission
table.
MOTION:
Mr. Malston moved, seconded by Mr. ~eus, that the Commission
recommend to the Borough Planning and Zoning Commission
approval of the vacation of th~.66 foot 'section line easement
common 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. , ·
Motion passed unanimously by roll call vote.
AGENDA APPROVAL
MOTION: Mr. Heus moved, seconded by Mr. Malston, for approval
of the agenda of the September 8, 1976 meeting.
Motion passed unanimously.
4. APPROVAl, OF MINgTES OF AUGUST 25, 1976
....... MOTION: -
Mr. Hamrick moved, seconded by Mr. Miller, for approval of
the August 25, 1976 minutes with the following correction:
Page 3, Item D, first paragraph the word "firm" is mispelled.
Motion passed unanimously.
OLD BUSINESS
MOTION:
Ex. Malston moved, seconded by Mr. Miller, that the Commission
recommend that the City Administration research the conditional
use permit granted to Peninsula Mobile Home Sales regarding
a time limit on the period of time they would be allowed to
operate their business out of a trailer.
Motion passed unanimously.
.i
· PnANNING A~ND ZO:~ING CO~4r-iISSION
REGULAR I.iEgTING SEPTE:.~ER 8, 1976
Page
6. N~q BUSINESS -.
A. Kenai Peninsula Estates: Prelimin.ar~ Plat
MOTION:
Mr. Hamrick moved, seconde4 by ~. Ma!~ton, that
recommend to the Borough Planning & Zoning Commission approval~
of the preliminary plat of Kenai Peninsula Estates Subdivision,i
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 ~ifficul% if the property
was rezoned because you almost have to replat the area.
The Borough attaches a letter to the plat showing the proposed
land use.
Motion passed unanimously.
B. VIP Ranch Estates: Final Plat
~4x. Ambarian stated that a temporary cul-d~rsac should be shown
att he end of 13th Avenue S.W.
After further discussion by the Commissi6n, this plat was table
~til the meeting on September 9, 1976.
Mr. Heus moved, seconded by Mr. Malston, that the Commission
table review.~f this plat until the Septembe~ 9, 1976 meeting.
Motion passed unanimously.
At thistime, the Commissi0nmembers 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 Administxa~ion.
.......... ~'~ ........ ~ ....i1111v i'i' '' "'1 II I Il ~,',F -~' IIII II
' 'oI, iE.NAI.I?IJ~;:..'I:~G & ZO::ING CO)~.:ISS!ON · Page ~
~. Best s~ted that the statement ~egarding wastewater regulations
was required ~fore the plat could be recorded.
Plat
MOTION:
Mr. Heusmoved, seconded by Mr. Malston, that the Commission
recommend approval of the preliminary/final plat of the Grace
Brethern and Beck Property Replat to the Borough Planning &
Zoning Commission with the recommendation that the status of
the property west of the replat be shown.
Motion passed by roll call vote. Voting yes: Maiston, Raymond,
Miller, Heus and Glick. Voting no: Hamrick.
7. OTHER BUSINESS
Mrs. Horton was asked to check on the status of Dave Bgge's
Hydraulic Governor Service.
RECESS
There being no further business, the Commission recessed
until 7:00 p.m. on September 9, 1976.
-- i
O O
PENINSULA CLARION
PUBLIC NOTICE
Notice is hereby given that petition has been filed by
Kenai Baptist Temple with the Adminis=rative Offi~i~l
of the City of Kenai Advisory Planning and Zoning
Commission.
Public hearing on this petition for a conditional use
permit to operate a church and school within a general
eo~mercial zone, located within the City of Kenai and
luore particularly described as Tract A, Shadura Subdivision
and Lots One and Two of the Replat of Tract A, Shadura
Sttb~ivision, will be held by the Kenai Advisory Planning
and Zoning Commission at its scheduled meeting, Wednesday,
September 8, 1976, City Administrative Offices, commencing
at 7:00 p.m. -. '
.Anyone.wishing to present testimony concerning this matter
shoul~ do so att/lis hearing.
Elena Horton
Planning Secretary
oo **
Jl~ 'FII£ ~JP£1tlOlt COURT £OR TIlE STATE. OF ALASKA
THII~D JUDICIAL DISTRICT
CO~F~ NOT~ the Platutf~, by and through its 8tto~noy, JANIS C.
I~LLIAM$ and eomplMns ~nd allege~ ns foHm~s:
.I
l)JaJnflff is .a seeond-elnss Ik~ugh erg?Jzed and existing under
tho Consti~tfon ~ the laws of Om Sta~e of Alaska.
k comp~e.-Mve plan m~d a zoning ordimme~ based thoroon wMoh erdinan~o
i~ codified st Cl~pter ~6o ?lflo ~1. K_,~ Peninsula Bo:ough Codo of
under the provls!~s o~ A.$~IO.~O.
Defendant owns ~ rea~ properly, wM~ Is the subject of
~n Tract A, Shodura Subdivision And Lots I and 2 of the
repJat of Tract A. Shadura Subdivision, Jn the
Kenaf Recording Distriot.
¥
On said property, thete ts situated a building commonly known
its tlm old NC Auto Building.
VI
Defendant bas, Gine~ 6omet~ne fn June, 1976, and at all times
relevant hereto, been operatic a church end s~hool tn ~he above
building a~ the subJ~t location.
VII
Such real property, according to the official zontng map fn~or~
petered by K.P.C. 21.7G.030, fs Ioented tn s General t~mmerefal zone.
vnl
· Aeeordfn~ to K.P.C. ~1;76.110, churches and schools are not
permf'tted uses tn a General Commercial ~one. Under K.P.¢. 21.76.140,
such use~ my be permitted I~ the Plannfn~ Co~!_~on fr they are
found to bo similar to the principal uses permitted tn thc zone and fn
Imrm~ny wf~h the lnlent of tbe ~e.
: IX
Defendant mede application on August 13, 1976, for n Conditional
Use. Permit to operate a church and school ~t the subject Ioeatfon and
public hearing will be held on the epplfeatfon September 8, 1976.
X
By letter, from P!~!_-_tfff d~ted August 6, 1976, Defendant vas ordered
to eecso operation of ft chureh end school et the subject location by
August 17 1976 '
COMPLAINT - Pace Two
· CJ '
· ~ df,
By letter from Plaintiff dated August 2?, 1975o Defendant was again
is granted.
Defendant has continuously opereted end L~ still operating a church'
se~tool at the subJ~t located a~ of the d~te hereof.
K.P.¢.21.76.i0.0(e) pr6vMes that vfolatf0ns of the provisions of
Chapter V6 s~t~ be subJcet to a cfvfl penal~ of not more then $100 and
that each day the violation exists shall be deemed a separate and distinct
WHi~EFORE, Plaintiff prays:
io That Defenda~t be found to h~ve violated the provisions of
~o ~hat Defe~iant be ordered ~o pay to l~_~nflff the sum of
· pe~ day for each and c~ery d~y from and fncludfrlg August .I?, 1976, and
endfn~ on ~) the date of ce~tfon of operations et the ~b~ec! loc~°ion
by Defendant. (b) the issuance to Defendant of a Conditional Use Permit.
or (e) the date of Judgment fnthisaetfon, wMcheve~, flrstoeeurs.
$ o. That Plaintiff be aw~rdad frs cost~ m~d attorney ~ee~.
4. Tlmt the Cour~ ~rant such other end ~urther relief as deems
~u~t e~d prope~.
DATED e~ Kenafo Alas~,a, !_m_* gnd day of ~,aptembe~,
JANIS C. t~'ILLIAMS
·
oo
August 27, 1976
KENAI PIiI"JI ,ISULA I30ROUGH
"Box 850 . Plmne :262-4441
SOI. DO*rNA. ALASIO~ 0~9
Renal Baptist Temple
Box 3905
Kenat, Alaska 99611
Atln: Mr. Robert Larrabee
Dear Mr. Larrabee:
As of Aug*dst 17, 1976 you were. ordered to eease operation of a
church and school at Tract A, Shadura Subdivision and Lots
One and Two of $.hadura Subdivision. As of tins date, you
· have still not complied with such order.
We are hereby again ordering you to Immediately cease such
operation. If you have not done so by Tuesday, August 31, 1976
will be filed ~gainst you in the court of
appropriate Jurisdiction, asking that you be assessed a fine of
$100.00 per day for each and every day 'the violation has been
tn existence.
If you have any questions or comments regarding this matter,
please do not hesitate to contact this office.
Sino. erely,
Phlllfp Abet
Administrative Official for
the City of Renal
PA/eh
~T~4 THOMi~OL
0
~=. P~bert Larrabbee
Kena~ Baptist T~ple
Box 3905
Kenai, Alaska 99611
Dea~ 1~. Larrabee:
.&
Th~s letter is to advt~e you that the public hearing on your
appl~cation for a conditional use permit to operate a 'church
and s~tool in a general conmercihl zone w£11 be held on
September 8, 1~76, 7:00 p.m., at ~he City A~nistrative
Of£ices in the Kenai M~nicipal Airport Terminal.
X£ you have any questions regarding this matter, please do
not hesitate to contact me.
S c Gl ,
'Elena Herren
Planning ~eeretary
0
August 6, 1976
Mr. Robert Larrabee
KenaiBaptist Temple
Box 3905
Kenai, Alaska 99611
I'% O. BOX S80 KEflAI, AtAS1CA 99611
Tk'LEPKOHE 283 . 7S$S
Dear}~- Larrabee=
As you ar~ aware, the Kenai Planning an4 Zonin~ commission
determined that a conditional use permit would be necessary
to operate a church and school.in a general commercial
zone. In order to proceed w~th setting up the necessary
public hearing on this permit, I.must have a written statement
~rom your church making application for such a permit and
~ving the lega! descript~on.~"~he -ro~er~v involved.
We may immediately procee~w~cn the proper notifications in
order to schedule the public hearing. Until such time as I
receive the above-mentioned, we-cannot begin. Please submit
· this information as soon as possible so that.we ma~ proceed,
- ----~- it has~ome' to our atten~io~.'that you are
~n ......... ro-erty invo~ve~ as a church. Until
such time as you are granted a conditional use permit by the
Kenai Advisory Plannin~.and Zoning Commission, you are in
violation of our zonin~ ordinance as this use is not permitted
re we must insist that you cease operation
~n this zone. Therefo , . i t of this
of a church in this zone within f~ve ~ays from rece p
Your prompt attention to thes6 matters will be greatly
appreciate~. If you have any questions or comments, please do
oct h~sitate to contact this office.
Ble~aBorton
Planning Secretary
0
Page 2
A. Pine Circle Subdivision (formerly Holt-l;illiams): Final Plat
Mr. Hamrick stated that he had reviewed Ordinance No. 26 , which
the agreenent by the subdivider providing for installatien of all
required improvements on file ~ith the Commission.
Mrs. Daisy stated that we should request the subdivider to
submit this, in ~ritint, before a~roval of the plat. This would
be regarding running the water an~'sewer lines do~n Pine Circle
rather than 23rd Avenue. She further stated that the subdivider
had discussed this with the Director of Public Works, Phil Abet,
and had agreed to run the lines down Pine Circle. Therefore, it
~ould simply be a matter of getting this in ~riting.
MOTIOn:
Mr. Hamrick moved, seconded by Mr. Raymond, that the Commission
recommend to the Borough Planning and Zoning Co~unission approval
of the final plat of Pine Circle Subdivision, ~ith the stipulation
that Section 20.15.080, Article S, of Ordinance No. 26 be
complied with~ which states:
"No final plat of a subdivision located within a first class city
shall be approved unless the subdivider has an agreement ~ith
the city providing for installation of all required i~provements
and evidence of such a~reement shall have been filed with the
commission." '
Motion passed unanimously by roll call vote.
B. Determination of Zoning. ~p~pliance: Robert Larrabee, lenai
B~p~ist Temple
Mrs. Daisy stated that she had discussed the legalities with the
City Attorney, Jan ~illiams. ~iss ~illiams had stated that
normally, according to tradition, if the use is allo~ed in a more
restrictive zone, it is allowed in a less restrictive zone unless
otherwise specified, guburban Residential'is the most restrictive
zone in our Ordinance and churches are allowed. Therefore, we
cannot legally prevent a church from being established in this
zone because it is a less restrictive zone, Central Cor, mercial.
The Central Co~mercial zone permits similar uses. Therefore, it
is the City Attorney's opinion that we cannot prevent a church
from being established in this zone.
Mr. Larrabee stated that he had been renting property in the
A P f E building and has purchased the property in question
consisting of four acres and the old.N.C. Automotive Center
building. He started services in the building last ~eek.. The
KENAI PENINSULA BOROUGR PLANNING
AND ZONING COMMISSION MEETING
OCTOBER 4, 1976
APPENDIX "A"
KEX^I PL^NXING ~ ZOXIN £0,~,~.IISSION
REGULAR MEETING JUNE 9, 1976 Page 3
(Item 6B - continued) ~
Kenai Baptist Temple wished to use this property as a church
and an academic school, with grades kindergarten through the
12th grade. Mr. Larrabee stated that he understood that if
the use was found to be in non-compliance with the Zonin~
Ordinance, they .... '' -
,ouzu hav~ to move from the building and that
the property would be his responsibility.
Mr. Malston asked Mr. Larrabee if he felt that this location
was good for a school, since it is located in the center of
town, causing a possible hazard to the children attending.
Mr. Larrabee stated that he felt it was a good location because
the property contains four acres on which the children can
play and the road £rontage presents no problem.
Mr. Hamrick asked }ir. Larrabee if he understood that other
businesses could be established next to him, which might not
be desireable to the school. Mr. Larrabee stated that other
businesses were already established on t~¢o sides of him and
that the third side was government p?operty, so this would be
no concern.
Chairman Glick stated that a public hearing date would have
to be set, as this would be considered a conditional use.
Mr. Larrabee stated that he would like to have the public
hearing set for the first meeting in August, August llth,
since he will be out of tmm during July. The Commission
agre.ed to this.
0
Mr. Larrabee was thanked for his time and excused by the
Co~aission.
NEW BUSINESS
A. Vacation of City Right-of-way, Willow Street: Roger
~eeks' and'Lee Glad ' .
Mr. Glad stated that he and Mr. Meeks were applying for
a vacation of the south terminus of ~illow Street, from
the intersection of Peninsula Street to the edge of the bluff,
approximately 130 - 135 feet. This area will never be used
~or a street.
Mrs. Daisy stated that the street was dedicated'to the bluff.
The street turns into Peninsula Street. Roger Meeks owns the
property on the opposite side.
Mr. Glad stated that the houses would face Peninsula Street
if the vacation is granted.
Geptember 17, 1976
)~r. Robert Larrabee
Kenai Baptist Temple and Wings Christian Academy
P. O. Box 3905
Kenai, Alaska 99611 · .. ·
Dear Sir:
Please be advised that your application for a conditional use
permit to operate 'a church and school on the site of the
"Old N. C. Tire Center" was denied on September 9, 1976.
Although we considered the matter of' the church and school
i~dividually ~in regard to issuance of permits, we find that
the intent for both is similar and therefore, we have
combined thom in the followi.ng resume of facts and conclusions.
1. Sometime prior to June 9, 197~'the Kenat Baptist Temple
purchased the old N. C. Auto building with intent to use
:..' . ~ ".~...,.,
At as a church and school. ,- ""-. '
2. On June 9, 1976, ~tr. Larrabee of Kenai Baptist Temple was
informed by the Kenai Advisory Planning and Zoning
· ~ommission that churches and schools are not permitted
uses in general commercial zones. They may, however, be
conditional uses under KPC 21.76.140 of Ordinance No. 74-70,
and if he intended to operate his church and school he
would need to apply for a conditional use permit.
3.' On August 13, 1976 Kenai Baptist Temple applied for a
conditional use permit to operate a church and school
at the location.
4. A public hearing was scheduled and held on September 8,
1976. From testimony at the public hearing and at the
meeting of Septen~;er 9, 1976, the Kenai Planning and Zoning
~ommission has made the following findings in regard to
the operation of the church and school.
A. Applicant intends to operate a school for grades
kindergarten through t~elve. Enrollment is to be
approximately fourty students, with a possible
increase in cnrolln~nt to oi~hty students within
the next several years. School is to be conducted
· five days per we(:k during normal school hours.
~t%~dents will provide thoir own transportation. There
will bu ]~nch breaks and reccs:~e.~, floweret, no food
il
/I'
w111 be rovided by the school. Applicant stated that
it would provide fencing of the school yard ~f necessary
Church services will be held Wednesday evenings and
Sunday mornings and evenings. The size o£ the
congregation is 40 to 65 persons.
Applicant feels that there is adequate parking for all
operations at this location.
· ...W~..'-_ From testimony at the public hearing on September 8, 1976
.'.:"..'"' and information received at the meeting of September 9,
1976, the Kenai Planning and Zoning Commission made the
following findings in regard to the effect of the operation
oft he church and-school on surrounding property owners.
7.
A. It was found that adjoining property ovmers could be
hampered in their plans for development in the area,
· % .-.some of which had already begun. The said property
.~%wners were operating well within the intent of the
. ~one.
B.. It was found that according to State Statutes,'a bar
cannot be located within 200 feet of a church or
.. school ground. This could hamper the operations of
surrounding property o%mers in the future.
The criteria upon which this decision is based is as s'et'
o~t in KPC 21.76.140, which states the following:
A. Xs the intended use similar to principal'uses permitted · in,he zone.
B. ~S the intended use within the intent o~ the zone.
We find that neither a church nor a school are similar to
e f the principal.uses Rermitted in a general commercial
We find that lnasmu~.~as the intent of the ~eneral
comme~c£al zone is to provid~xfor commercial development,
ne~the~a church nor a school~e in harmony with th~intent
°' ._.X ' .x.
Churches a~e allowed az specifical~permitted uses in al~
~esl~ntia~.~ones. Schools are allo~d as conditional uses~ '
~ all resid~tial zones. As the CityX~as very little
~mmercially ~ned property, this propeb~ would be better
utilized in a c~mmercial capacity, with a~hurch and school
a ,es enti,1 ,one.
..
0 0
II
Denial of this permit does' not in any way imply that this
church and school ~ould not be bunuficial to the community.
S~ncerely,
Betty J. Glick0 Chairman
Kena£ Planning and Zoning Commission
=~/eh
PENINSULA CLARION
PUBLIC NOTICE
Notice is hereby given that appeal has been mde by Robert
H. Larrabee of Kenai Baptist Temple with the Administrative
Official and the Kenai Peninsula Borough Clerk appealing the
September 8, 1976 decision of the City of Kenai Advisory
Planning and ZoningCommtssion.
Public hearing on this appeal for a Conditional Use Permit
within a General Commercial (CG) Zone to operate a church
and private school located within the City of Kenai and more
particularly described as Tract A of the plat of Shadura
Subdivision and Lots 1 and 2 of the plat of Lots 1 and 2
within Tract A Shadura Subdivision, will be held by the
Kenai Peninsula Borough Planning Commission at its scheduled
meeting, Monday, October 4, 1976, which co~me~ces at 7:30 P.U.,
Borough Administration Building, Soldotna, Alaska.
Public hearing on this appeal will be held by the City
Council of the City of Kenai sitting as a Board of Adjust-
ment, Wednesday, October 20, 1976, which commences at 8:00 P.U.,
Public Safety Building, Kenai, Alaska.
Anyone wishing to present testimony concerning this appeal
should do so at these public hearings or submit written
comments to the Kenai Peninsula Borough, Planning Depart-
ment, P.O. Box 850, Soldotna, Alaska 99669, prior to October
4, 1976.
G. S. Best
Planning Director
James A. Elson
Eayor, City of Kenai
PUBLISH: 2x (September 30, 1976 & October 7, 1976)
'1
Renal ~e_n_i_~sula Borough Plaenin$ Conn.
Box 850
Soldotma, AXaska 99669
Gentlemen:
Renal Baptist Temple
P. O. BOx 3905
£enai, Alaska 99611
September 17, 1976
l[ena[ Bap~ist Temple hereby appeals ~he decision of the Eenai Planntn~
am~ Zo~__~_~_o ~ssion made on 9;9]76s at v;hich tt~ne they denied issuance
of a co~dl~oual use pemnit ~o Kenei BaptiSt to operate a church and
giu~8 Chr~otiau Academy to operate a private school in a general comnercial
zone at -the location described below~
Tract As Shadura Subdivision and Lots 1 and 2 of the replat
o~ Tract A~ Shadura Subdivision, in the l~enai ~ecordin$
Enclosed is the required ~25 fee required by the Kenai Peninsula Boroueh.
I I
!
Sincerely
Robert H. LaFFabee
~. S.- As of this date we have not received ?,rritten notification of
the decision of the Kenai Plannins and Zonin8 Commission.
CEBTIFIED ~AIL LIST -
APPEAL BY ROBERT I~. LAP, tLa. BEE, KENAI BAPTIST TEHPLE FOR CO~FDITIONAL
USE PER.%IIT iflTHIN GENERAL COM.~IERCIAL ZONE - SItADURA SUB. TRACT A
P~ID '~gTS I AND ~ OF S:'.ADUP. A SL~. LDTS ! AND 2 ~I~"~'~IN TRACT A
ASSESSOR'S PARCEL NBR.
047-030-0400
047-030-0500
047-030-0600
047-030-0700
047-063-01.00
047-030-0800
047-063-0200
047-030-0100
047-063-0300
047-064-0100
O~ER'S NA~/E AND ADDI{ESS
Northern Commercial Corp.
1110 - 3rd Avenue
Seattle. Washington 98101
Sean& Izetta O'Loughlin
Box 1768
Anchorage, AK 99510
James C. & Mary L. Bookey, Jr.
Box 514
Kenai, tK99611
Russian Church
Box 1227
Kenai, AK 99611
T. Stanton Wilson
301K Street - Suite 101
Anchorage, A~ 99501
Nilda Jean Boyer
1245 Calif St.
San Francisco, California 94100
047-064-0200
047-064-0315
047-064-0415
047-071-0100
047-071-1700
047-071-1800
047-071-0100
Etta L. Garnett
Box 3331
Kenai, ~ 99611
Mary Oskolkoff
General Delivery
Kenai, AK 99611
Orland P. Reese ~ Jos. Alex et al
General Delivery
Kenai, ~K 99615
D. R. Kimbrell
Box 3942
Kenai, AK 99611
Mildred E. Kirkpatrick et al
1300 E. 5th Avenue
Anchorage, AK 99501
047-071-0300
047-071-0400
047-071-1500
047-071-1500
043-190-0131
Rex E. & E. J. ~illiams
Box 124
Kodiak, AK 99615
Doris L. ~alkowski et al
c/o FI~V Investments
521 - 3rd Avenue
Anchorage, AK 99501
~e Lathrop Corp.
Box 1540
Anchorage, AK 99510
IIIII
CERTIFIED UAiL LiST (col;'r) .'-)
KENA] BAPTI~'. 'I'E,'.L°LE CC,NDI']';CI:AL USE PEtLUIT
A~8~OR'~ PARCET, NBR.
047-040-0300
047-064-0600
047-064-1000
047-064-0900
047-064-1100
047-064-0500
047-020-1300
OW!',"gR'S ~A~JrE., AI~ AnD~g3S
Arthur E. Foss
Box 148
Kenai, AK 99611
Barney ~ Maude Canson,
Box 554
Kenai, AK 99611
Mary L. Nissen
Drawer M
genai, AK 99611
John & Erma Hulien
1050 N. Uain St.
Charles, MI 48655
Larry & Paula Attleson
General Delivery
Kenai, AK99611
Catholic Archbishop of Anchorage
Box 555
Kenai, AK 99611
Robert H. Larrabee
Kena! Baptist Temple
Box 3905
Kenai, A~99611
City of Kenai
Box 580
Kenai, AK 99611
AREA OF APPEAL FOR COI*~DITIONAL USE
PERIAIT TO OPERATE A CHURCH AND PRXVATE
,. SCHOOL WITHIN A GENERAL CO~IERCIAL
DISTRICT, CITY OF KEN'A1 - APPEAL MADE
BY i~ENAI BAPTIST TEMPLE
4~- 03
o
VICINITY ~P - KENAI BAPTIST TEStiCLE
APPEAL 1;OR CONDITIONAL USE PER~IT TO
OPERATE A CHURCH AND PRIVATE SCHOOL
WITHIN A GENERAL CO~IERCIAL DISTRICT
,i
CITY OF KENAI, TRACT A, SHADIJRA SUB.
AND LOTS ~ & 2 .WITHIN TRACT A, SHADURA '----~
MEMORANDUM TO:
FROI~I:
DATE:
SUBJ]~CT:
HoneSt & Cfly Council
October 15, 1976
TIBBETS GARAGE
Our review of the file indicates that in 1969 in the Minutes of 18 June, the
Council by motion allowed a ~rage and pet shop to continue on these premises
as a non-eonformin~ use. in 1974 on the 3rd of July, the Council defeated the
motion to allow a I~t'age to continue as a non-conforming use on the sited premises.
in 1975 on the 17th of January, memo from the City Attorney to the City l~mager
recommended that the Manager issue a "cease and desist order" relative to the
operation of a ~ra~e on the sited premises. On the 14th of February, the City
Manager issued a Cease and Desist Order to Mr. Tfbbets to "dtscantine the
illegal use tmmedistely~. In addition, a threat of a fine of $I00 a day for non-
compliance was stated. On the 24th of February, 1975, in the letter to Mr. Garnett,
the atterney for Mr. Tibbets, the City Manager withdrew the threat of a $100 a day
fine for violation of the Cease and Desist Order. On the 27th of February, 1975,
in a letter to Mr. Gernett, the order of February 14th by the City Manager was
rescinded. On the 19th of May, 1975, the City Manager'informed Mr. Tibbets
that the operation of the 6ars~e with a use prohibited under the terms of the
Borough Zonin~ Ordinance for the City of Kenai and was thereby ordered to dis-
eontinue the use of the premises as a garage. However, the letter further went on
to state "no immediate enforcement of this order will be made if timely appeal is made
to the City of Kenai Planning & Zonin~ Commission, sitting as the body authorized
to heat. such appeals by the Kenai Peninsula Borough Planntn~ Commission".
On the 2?th of l~Iay, 1975, a letter from Mr. Garnett, the attorney for Mr. Tibbets,
responded in essence deelinin~ to recognize the City Manager's authority to issue
a Cease and Desist Order for the Berou~h or any other governmental a~aney.
SUBJECT: TIBBETS GARAGE
MEMORANDUM - Page Two
It is apparent that the manner of the operation of the garage was dropped at this
time as no further co~espondenee indicates any further action being taken by the
City or by the Borough. On the 2$th of April, 1976, the City was served with a
commercial-type bill from Tibbeta Auto Service, Box 1378, Kenai, Alaska, 99611,
as e statement to the City of Kenai in care of the City Manager requesting payment
f~ $1,152.80. Detail indicated on February 23~! and 24th, apparently 1975,
for closure of shop - 2 days at $350 for a total of $?00 o Attorney fees - $452.80 were
detailed by a copy of the attorney's statement for services to Mr. Ttbbets
fo~ a total sum due $1,152.80. The~e is no indication of any aetfon by the City .
Council on whethar the bill was, in fact, presented to the CRy Council at that time.
On October 6, 1976, the Cfty Nan~er was again presented with an identical bill
in the identical amount, $1,152.80 which was presented to the Counofl at the regula~
meetin~ in the eventn~ of the Sth ~f October.
J~:sp
Attachment - City Attorney's Opinion
j
MEMO~UM TO:
FROM:
DATF,:
SUBJECT:
Mr. John E. Wise, City Manager
J~hs C. Williams, City Attorney
October 15, 19~b
TIBBETS AUTO BILLING
It is my opinion that the City is not liable for any of the bill submitted by
TJbbets Auto. Actual attorney's fees paid by a defendant in connection
with an alleged violation of statute or o~dfnance are not recoverable under
any statute o~ at eo_m__m_on law, regaedless of whether the City or State
proceeds with the ~etion er does not p~oeeed, or ff it does proceed,
regardless of whether it fs successful o~ unsuccessful in the action. With
re~ard to the claim for loss of business, this pFesumably is founded in
toFt, eithe~ maifelous prosecution oF malicious o~ negligent interference
with prospective advantage. In this ease, no claim of ~_~_l_~e~e could be proved,
since the point is reasonably arguable. Suits for negligence are barred by
the ChaFtm* ff notice of intent to sue is not filed with the City Clerk within
fotu, months afte~ the Injury. In this case, no notice was filed.
JCW: sp /
'~~. i~ TO be approved for disbursement. 10-20-7~ . ' ~ q,
Peat, Harwtck & Hftchel]
Yukon Office Supply
George Matranga
9,103.91
790.80
800.00
~,berattfled
Doyle's Fuel
Serytce
;462.89
867O
audtt progress payment
servtce matnt, contract
nanhole cones
Fuel deliveries
CITY OF KENAI
AN ORDINANCR OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CLARIFYING
ORDINANCE 240-74 AND LIMITING IT AS TO TIME.
WtlEREAS, the Council has passed Ordinance 240-74 providing that deferment of payments
of Special Assessments may be obtained by certain property owners, and
WlIERF~S, such ordinance has proved difficult to administer and apply without further
e]o,i~eaflon.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Kenal, Alaska, as
follows:
Section l: Section 2 of Ordinance 240-74 shall be interpreted ss follows:
a. The Council grants or denies requests for deferment.
b. Deferments m'e granted only to the owners requesting them and
cannot be passed to their successors in rifle.
c. Deferments are to be handled in the same manner as provided for
in Ordinance No. 314-76, except that deferment ends automatically on each
individual parcel at the earliest of (1) five (5) years from date of grant; (2)
Date of transfer of title; or (3) Date improvements are connected to water and
Section 2: No deferments under Ordinance No. 240-74 sbnl! be granted
after the effective date of this ordinanee.
PASSED by the Council of the City of Kenai, this
day of November, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Clerk
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
CITY OF KBNAI
ORDINANCE NO. 318-76
AN ORDINANCE OF TfiB COUNCIL OF THB CiT]f OF KENAI, ALASF~A, TRANSFERRING
FUNDS FOR THE PUItPOSBS OF COMPLETING THE ANIMAL SHELTER AND DECLARING
AN ]~MBRGENCY.
WHEREAS, The City of Kenal is currently constructing a fac, flity to shelter im-
pounded animals; and
WHEREAS, the cost of extending electrical power from the City Shop to the Animal
Shelte~ was not included in the construction contract; and
Whereas, this facility cannot be operated without heat and lights, and
WI~]~REAS, funds received under the Federal Revenue Sharin~ Act in the amount
of $14,203 have been spprop~-iated in Ordinance No. 303-?6, and
WI~REAS, e transfe~ of $5,?96 was made from Animal Control Contingency in
Ordinance No. 311-76 to the ~ni~A! Shelter, and
WHF, REAS, additional fimds ere needed for the completion of the facility, and
~T~F. REAS, proper accountin~ practices require that all transfers between funds
of City monies be made by ordtnanco.
NOW, TItEREI~OI~, BE IT ORD~ by the Council of the City of Kenat as
follows:
Seet~n 1: That the followh~ t~ansfers of monies are hereby made
in orde~ to extend eleetrical power to the Animal Shelter.
a. The foLlowfi~u~'ons ~n esthnated ~.evenue. s and
el~p~epr~ations in the Ah-pM O~ Fund are hereby made:
lnterfund Receipts from General Fund ($1,500)
Repairs & M~t~tenance ($1,500)
oo
hereby made:
' s to Airport Og~f
To**
- en itel Projects
$1,500
e. The following increases in estimated revenues and appropriations
In the Capital Projects Fund are hereby made:
O
Estimated Revenues - Interfund l~eceipts
Appropriations - An!rant Shelter
$1,500
S"-,600
Seetfon 2: That an emergency is hereby declared to exist, and on the
Judgment of this Council it is necessary for the immediate preservation of public
peace, health o~ safety that this ordinance be~_ome effective prior to the time when
an ordinary erdinanee shall become effective. The rules governin~ the introduction,
reading, passage and approval of this ordinance are hereby suspended, and this
ordinance shall become effective immediately upon its passage, approval and publi-
eatton as reqiu~ed by the City Cb~er.
PASSED BY TH~ COUNCIL OF THE CITY OF KENAI, ALASKA, th~s
O~ber, 1976.
day
ATTEST:
Sue C. Peter, City Clerk
JAMES A. ELSON, MAYOR
FIRST READING:
SECOND READING:
EFFECTIVE DATE:
CITY OF KENA!
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES A~D APPROPRIATIONS IN THE AMOUNT
OF $36,533 UNDER THE BUDGETARY GUIDELINE ENTITLED "TITLE VI!
NUTRITION PROGRAM" IN A SPECIAL REVENUE FUND.
NHEREAS, Resolution 76-53 authorized the City Manager to apply
for a sub-grant with the Salvation Army-Anchorage for monies
to Implement a Title VI! Nutrition Program, and
WHEREAS, the Ctty has applied for funds under Tttle VII
Nutrition Program, and
WHEREAS, the Salvation Army-Anchorage has approved thts request.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Kenat, Alaska, that a Special Revenue Fund be established to
reflect the following increases ~n estimated revenues and
appropriations:
REVENUES:
Tttle VII Nutrttfon Program
Rental Income, tn kind contribution
Meal Changes
$30,929
4,104
1,500
EXPENDITURES:
Office supplles 1,150
Supplles - raw food 10,000
Professional services' 15,833
Transportation 120
Advertising 226
Insurance 1,000
Ut111ttes 300
Rent 4,104
Equipment 3,800
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS
day of .. ., 1976.
CITY OF KENA!
ATTEST:
Sue C.-Peter, C'tty Clerk
~ames A. Elson, Mayor
FIRST READING
SECOND READING'
EFFECTIVE DATE
CZTY OF KENA!
RESOLUTION NO. 76-61
A RESOLUTZON OF THE COUNCIL OF THE CITY OF KENAZ, ALASKA,
AUTHORZZZHG THE ACCEPTANCE OF FUNDS FOR TZTLE VZ! NUTR!TZON
PROGRAM, AND AUTHOR!ZING THE CZTY MANAGER TO ENTER !NTO
AGREEMENTS FOR IMPLEMENTATZON OF THE NUTRZTZON PROGRAM.
WHEREAS, Resolution 76-53 authorized the Ctty Manager to apply
for a sub-grant wtth the Salvation Army-Anchorage for montes
to Implement a Tttle VZ! Iqutrttlon Program, and
gHEREAS, the Ctty has applted for funds under Tttle VZ!
Nutrition Program, and
WHEREAS, the Salvation Army-Anchorage has approved thts request.
NOW, THEREFORE, BE ZT RESOLVEO by the Council of the City of
Kenat, Alaska that:
The Ctty Manager ts hereby authorized to accept
the monies available from the Salvation Army-
Anchorage for the Tttle V!! ~utrttton Program
and enter tnto'the necessary agreements for
implementation of fhe program.
PASSED by the Counctl of the City of Kenaf, Alaska, thts
day of , 1976.
ATTEST:
dAMES' A. ELSON, MAYOR
.~UE C. PETER, CZTY CLERK
AGRE[HENT
This agreement is made this _20th. day of October , 1976, by and
beLween the SalvaLiu~ A~, a coi'poratio~ o~anized and exts:ing un~r :ne
law of the State of California, with principal offices at 101 Valencia St.,
San Francisco, California, and with its state offices at 135 East Eighth
Ave., Anchorage, Alaska, hereinafter designated as the Project Director,
and the City of Kenat, a munfctpalfty, having its offices at Box 580,
Kenat, Alaska, hereinafter designated as the City.
RECITALS
The Project Director has been awarded a contract, No. 70274053 by
the State of Alaska Office on Aging to provide lo~-tncomeoldgr'Rmertcans
nutritionally sound meals for t~e period of ~uly I , 1976
to ~une 30 , 1977, (the State Contract).
The Project Director desires that the City furnish hot meals to the
elderly in the Kenat, Alaska area, conforming to the nutritional requirements -
of the State Contract and the City desires to furnish such meals in accordance
~th Title VII of the 01der Americans Act of 1965, as amended, the program
regulations and directives thereto, federal and state laws, and the State
~nual of Polictes and Procedures: Standards for Individual Project
Operations, all of which are or may be operative during the term of this
contract.
The approved Project Director's Grant Application which is on file with
the State is hereby incorporated by reference and is made part of this
agreement.
flOW, THEREFORE, in consideration of the mutual promises set forth below,
it is hereby agreed:
1. The City agrees to furntsh durtng the term of this contract, luncheon
meals for an average of 25 persons per day, five days each week, l~ondaythrough
Frtday, for an annual amount not to exceed $ 30~929 from the Project
Otrector, plus 10~ in-kind contribution by the"~tty. Suc~ meals wtli conform
to the Nutritional Standards of the Manual of Poltcfes and Procedures for the
flattonal Nutrition Program for the Elderly, a copy of which is attached
hereto and incorporated by reference. ~tthout ltmttfng the foregoing such
meal wtll include entree, side dishes, dessert, beverages (including Juice
and mtlk), bread, and miscellaneous items such as condiments, sauces, sugar,
salt and pepper, necessary to complete a hot meal.
The Ctty shall inform the Project Otrector of the number of meals
that have been prepared in a weekly report as stipulated by the Project
Director.
~/t u-,o~ ~nn~r tprminated as orovided in oa~ag~pah 1],
The City shall account for and maintain all funds received under
the terms of this agreement separate from any other funds administered by
the City. The City shall expend all funds received hereunder in accordance
with this agreement.
Upon termination or expiration of this agreement the City shall return
to the Project Director immediately upon written demand any unencumbered funds,
unearned funds, or any equipment purchased with funds provided under this
agreement with the Project Director.
3. The Project Director will pay to the City on a month]y basis following
billing received from the City, except that the-Project Director shall not
be obligated to pay for any meal or other food which does not meet the
prescribed requirements. The City must provide a categorical breakdown of
meat group, milk group, other raw foods, and labor costs at the time of
billing.
4. The City shall comply with all Federal,State and Local laws and
regulations governing the preparing, handltng and transporting of food;
shall procure and keep in effect all necessary licenses, permits, and food
handler's cards as are required by law; and shall post such ltcense, permits,
and cards in a prominent place within the meal preparation atea,.as required.
It shall comply with all applicable Federal,State and local laws and regula-
tions pertaining to wages and hours of employment and as set forth in the
personnel poltctes and procedures of the Project Otrector.
The City shall have no authority to contract for or on behalf of,
or incur obligations on behalf of, the State of Alaska or the Project
Director.
5. The Project Director shall have the right and authority:
a. To inspect such food to determine compliance with the specifi- cations and to reject food not meeting such specifications.
b. To have access to the Ctty's purchase records bearing upon
the food purchased, for review and audit.
c. To supply and/or approve the menus and recipes for meals
and other food to be delivered and served, so as to insure
compliance with the Department of Health, Education and
Welfare meal-type requirements, and to wtthhold payment for
meals not meeting prescribed requirements.
d. To inspect at any time the City's food preparation, packaging,
and storage areas and the food containers to determine the
adequacy of the City's cleaning, sanitation, and maintenance
practices.
d
-3-
To determine the adequacy of the City's storage and record-
keeping practices so as to insure the safekeeping of all
food, includl,g Li;e fudd do,aLed Lo the City fur use tn the
Project by the U.S. Department of Agriculture, and in
connection therewith to have ready access to the related
food inventory control records of the City.
6. All records of the City bearing upon food purchases, storage and
preparation directly related to the meals delivered or served under this
Agreement, including the records on receipt, storage and use of Government
doanted commodities, shall be made available to the Project Otrector upon
request. The Project Director or State Agency and the State distributing
agency representatives, and the auditors of the Department-of ~lealth,
Education, and Welfare and the U.S. General Accounting Office, upon request,
shall have access to all such records for audit or review at a reasonable
time and place. Such records shall be maintained for three years if the
Project Otrector has been subject to audit and five years if it has not.
7. The City shall indemnify the Project Director against any loss or
damage (including attorney's fees and other costs of litigation) caused
by the City's negligent act or omission, theft by its employees, or the
negligent acts or omissions of its agents or employees. The City shall
defend any suit against the Project Director or its agents or employees
alleging personal injury, sickness or disease arising out of the consump-
tion of the meals or other food deltvemed or served by the City. It shall
maintain adequate liability insurance covering such suits and provide proof
of such coverage upon request of the Project Director.
The Ctty sha11 promptly notify the Project Oirector of any claims
against the Project Director or the City and in the event of a suit being
filed, shall promptly forward to the Project Director all papers in connect...
tton therewith. The Ctty sha11 not incur any expense or make any settle-
ment without the Project Director's consent. However, if the City refuses
or neglects to defend any such suit, the Project Director may defend, adjust,
or settle any-such claim, and the costs of such defense, adjustment or
settlement, including reasonable attorney's feed, shall be charged to the
city.
The City shall comply with all Department of Health, Education and
Welfare regulations promulgated pursuant to Title VI of the Civil Rights
Act of 1964. As indication of his intent to comply, the City sha11 complete
and sign an Assurance of Compliance with such regulations (ADA-441), which
form, when completed and signed by the City, shall be attached hereto and
incorporated herein by reference.
The State, through the Project Director, shall retain tttle to all
capital asset equipment, which is purchased wholly or in part with Title VII
funds. At termination or completion of the program, the City shall dispose
of said equipment in accordance with Federal and State procedures. If the
equipment is to continue to be used to further the purpose of the 01der
Americans Act, title to said equipment may be relinquished to the City upon
written approval by State of a request by Project Director to transfer owner-
ship of the eql~tpment to the City.
-4-
8. This Agreement constitutes the entire agreement between the City and
the Project Director with respect to the subject matter hereof and there
are no other or further written or ora! onderstanding or agree~nt.~ with
respect hereto. No variation or modification of this agreement, and no
waiver of its provisions shall be valid unless in writing and signed by the
duly authorized representatives of the parties. No assignment or transfer
of this agreement may be made, in whole or in part, without the k~itten
consent of the Project Otrector being first obtained.
g. This agreement is subject to approval by the State of Alaska Office
on Aging, and it shall be submitted to such agency for approval. The parties
agree to execute such addenda or modifications if any, as may be required by
such agency.
10. The City and its employees and agents, in the performance of this
agreement, shall act in an independent capacity 'and not as employees or
agents of the Project Oirector.
11. Either party may at any time during the life of the agreement or
any extension thereof terminate this agreement by giving thirty (30) days
notice in writing to the other party of its intention to do so, and the
Project Director may terminate this agreement with respect to the delivery
and serving of meals, if in its Judgment the terms and conditions herebf
are not fully complied with by the City, or if funding is discontinued, by
giving twen:y (20) business days notice in writing of its intention to do so.
All notices to the Project Director shall be addressed to it at..135.£ast.
Eighth Avenue, Anchorage, Alaska, and all notices to the City shall be
addressed to it at Box S80, Kenai, Alaska.
IN WITNESS tOIEREOF, the parties hereto have caused this agreement to be
signed, by their duly authorized officers the day and year first above
written.
THE SALVATION AILMV, a California Corp.,
THE CITY OF KENAI, a municipality,
President
Secretary
City Manager
Date
Date
APPROVED .BY THE STATE AGENCY
Name
Title
Date
1
t
........................... ri' 3-iiiiii I II II 1'11-' I
AGREEMENT
This agreement is made this 20t~h. day of October 1976 by and
between the City of Kenai, a municipality, with its offices' it Box ~80,
Kenat, Alaska, hereinafter designated a~ the City,
and, the Salvation Army, a corporation organized and existing under
the law of the State of California with principal offices as 101 Valencia
Street, San Francisco, California, and with its local office at Box 1120
Kenai, Alaska, hereinafter designated as the Site Manager.
RECITALS
The City has contracted with the Salvation Army, Anchorage (who has
contracted with the State of Alaska Office on Aging) to provide certain low-
income older Americans nutritionally sound meals for the period i,~ql~ 1
1976 to June 30 , 1977.
The City desires to obtain the services of a Site Manager to supervise
the operations of the Nutrition Program.
NOW, THEREFORE, in consideration of the mutual promises set forth below,
it is hereby agreed:
1. Site Manager will obtain all food. Site Manager wfll be furnished
a shopping list two weeks in advance of when the food will be required, so
that food donations and U.S. Government commodities can be obtained to reduce
the costs to the Program.
2. Site Manager will fill out weekly reports to the City to be forwarded
to the Salvation Army, Anchorage, on the number of meals served, and any other
statistical data required by them pertatning to the ~utrition Program.
3. The Ctty wtll furnish Salvation Army, Anchorage, with any financial
reports required by them pertaining to the Nutrition Program.
4. The Site Manager will account for and inventory the food.
a®
Food Purchases: Site Manager will fill out a purchase requisition
furnished 'to'himby the City, with all items priced. The City wtll
then issue a Purchase Order to be given to vendors.
Food Oonattons: Site Manager will obtain a dollar value for all
donations received, and will notify the City, in writing, of the
quantity, type, and dollar value of donations received within 24
hours of receiving such donation. Site Manager shall record all
such donations inmmdiately in the inventory control records
described in Paragraph 4d.
-2-
Ce
U.S. Government commodity donations: Site Manager will request
from Salvation A'r~ny, Anchorage, quantities of available commodities.
Site llanager will noLify the City, in writing, of the quantity,
type, and dollar value (if possible) of commodities received
within 24 hours of receiving such conmmdities. Site Manager shall
record all such con~odities immediately in the. inventory control
records described in Paragraph 4d.
de
Food Inventory Control Records: Site Manager shall set up and
maintain inventory ~ontrol re6ords of all foods purchased and
used, in accordance with the requirements of the Salvation Army,
Anchorage, and of the State Office on Aging. The City has the
right to inspect the inventory records at any reasonable time.
ee
Otsl~. sitton of Excess Food: Site Manager will handle the
disposition of excess perishable left-over food. It is
recommended that the excess perishable food be used by the
target group of the Federal Grant which is: certain low-
income older Americans. Within this guideline, this matter
wtll be left up to the discretion of the Site Manager.
5. Site Manager will supervise all clean-up, sanitation and maintenance.
Site Manager will obtain volunteers (including participants in the Program)
to clear table% fold and stack chairs, and to wash dishes and utensils. Site
Manager will inform the City in writing of any necessary maintenance to the
butlding or improvements.
6. Site Manager shall oversee the meal preparation to insure that nutri-
tional meals are prepared in accordance with menus and receipes furnished by
the Salvation Army, Anchorage. Site Manager shall collect time records from
the Cook, Cook's Helper, and Oriver on a weekly basis, and submit them with
a requisition authorizing the City to make payment. Site Manager shall also
submit to the City his own time records, with a separate requisition. All
requisitions shall be submitted by the first of each month, and payment shall
be made by the City be the tenth of each month.
7. Site Manager will perform these services in approximately two (2)
hours per day, or not more than then (10) hours per week, and shall be com-
pensated in accordance with the City's Pay Plan described in Paragraph 8.
8. The City will classtfty the position of Site Manager as Range 3 Step B
and shall compensate the Site Manager at the scheduled rate for that position,
plus an amount for benefits that the City would pay its employee: Social
Security 5.85~ and Vacation/Sick leave 8%. An hourly rate con;osed of the
sum of the rate schedule and an amount for the stated benefits shall be the
rate at which the Site Manager is compensated. The City shall obtain and
pay for Workmen's Compensation insurance for the Site Manager.
9. Terms: When approved, this agreement shall be effective as of December
1, 1976 and shall continue until June 30, 1977, unless sooner terminated as
provided in Paragraph
-3-
ZO. Etther party may at any time durtng the 11re of the agreement or any
extension thereof terminate this agreement by gtvtng two weeks notice in
~rtttng to the other party of its Intention to do so. if the Site t4anager
fatls to adhere to any provisions of this agreement, the Ctty will so inform
th~ Sit~ [:ar, agar ~t~ writing. Th~ $It~ r~r~ager~,,o--"-~., ,,.,~ ~ .... ~"° hours to respon~
to the ~rttten nottce and to correct such failures.
IN 14ITNESS ~EREOF, the parties hereto have caused this agreement to be
stgned by thetr duly authorized officers the day and year first above written.
CITY OF KENAI, a l~untctpaltty
SALVATIO~I APJ4Y, a California Corp.
aohn ~ise, Ctty Hanager
president
Secretary
AGREEMENT
This agreement is made this 20th. day of October , 1976, by and between
the City of Kenat, a municipality, with its o~ftces at Box 580, Kenat, Alaska,
hereinafter designated as the City;
and, the Kenat Branch of the Church of Jesus Christ of Latter-day Saints,
wtth its offices at Box 3279, Kenat, Alaska, hereinafter designated as the
Church Group.
RECITALS
The City has contracted with the Salvation Army, Anchorage, (who has
contracted with the State of Alaska Office on Aging) to provide certain low-
income older Americans nutritionally sound meals for the period July ! .
lg76 to J~ne 30 , 1977.
The City desires to obtain the services of a Cook, Cook's Helper, and a
Driver to implement the Nutritional Program.
The Church Group has expressed the desire to render the above services in
order to raise funds for their group.
NOW, THEREFORE, in consideration of the mutual promises set forth below, it
is hereby agreed:
1. The Church Group will furnish the services of Cook, Cook's Helper, and
Driver for five days each week, Monday through Friday.
a. The Cook will work four (4) hours per day.
b. The Cook's Helper will work two (2) hours per day.
c. The Driver will work two (2) hours per day.
Time records will be kept by each person on a daily basis, and submitted to the
StteManager on a weekly basis.
2. The Cook, Cook's Helper and D~tver will be supervised by the Site
I~anager, and wtll be responsive to his direction.
3. The Church Group will prepare shopping lists from the menus and recipes
provided to them by the City. Shopping lists will be broken down by:
a. items to be obtained on a daily basis
b. items to be obtained on a weekly basis
c. items to be obtained on a monthly basis
Shopping lists will be turned in to the Site Manager two (2) weeks prior to the
time period covered by the lists, in order that the Site Manager may have
sufficient time t O obtain the food.
4. The Cook and Cook's Helper shall prepare the meals on a daily basis,
according to the menus and recipes furnished to them by the City.
5. Terms: When approved, this agreement shall be effective as of December
1, 1976 and shall continue until June 30, 1977, unless sooner terminated as
provided in paragraph 10.
-2-
6. The Church Group shall verify and furnish proof in writing to the City
that any person fulfilling the duties of Cook or Cook's Helper has had a TB
test and can meet the requirements of the Department of Environmental Health.
7. The Church Group shall verify thaL any person fulfilling the duties
of Ortver shall have in his or her possession a valid Alaska driver's license.
8. The Driver shall obtain a list of persons to be transported to the
Senior Center and home again from the Site Manager. The Driver shall arrange
transportation for said persons so that they will arrive at the Senior Center
at noom (lg:O0 p.m.) and so that they will be returned to their homes after
1:00 p.m.
g. The City shall compensate the Church Group for the services rendered
in accordance with the City's Pay Plan. The City shall compensate at the
scheduled rate for each position, plus an amount for the following stated
benefits that the Ctty would pay its employee: Soctal Security $.85~ and
Vacation/Sick leave 8~. An hourly rate composed of the sum of the scheduled
rate and an amount for the stated benefits shall be the rate at which these
positions are compensated. The City shall obtain and pay the premtum for
Workmen's Compensation insurance coverage for the Church Group.
a. The Oriver position shall be classified by the City at
Range 2 Step B.
b. The Cook position shall be classified by the City at
Range 2 Step B.
c. The Cook's Helper position shall be classified by the City
at Range 1 Step B.
10. Either party may at any time during the life of the agreement or any
extension thereof terminate this agreement by giving two weeks notice in
writing to the other party of its intention to do so. If the Church Group
fails to adhere to any provisions of this agreement, the City will so inform
the Church Group in writing. The Church Group shall have 48 hours to respond
to the written notice and to correct such failures.
IN WITNESS ~EREOF, the parties hereto have caused this agreement to be
signed by their duly authorized officers the day and year first above written.
CITY OF KENAI
KENAI BRANCH, CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS
John wise, city Yanager
Richard Cartwrtght, President
CITY OF KENAI
RESOLUTION NO. I6-55
WHEREAS, the State of Alaska, Department of Highways, has agreed to reim-
burse the City of Kenai for distribution power costs of street lights on the
Kenat Spur Highway designated as safety illuminators, and
WHEREAS, the City to obtain such reimbursement must agree to maintain
said lights in a working order from the base up, and
WHEREAS, such agreement is deemed to be to the best interests of the City
and will permit to re~eive approximately $2,000 annually and retroactively
approximately $5,800 for prior years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska
that the City Manager is hereby authorized to enter into said Maintenance Agree- ·
merit with the State of Alaska, Department of Highways.
Passed this 20th day of October, 1916.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Pete~, City Clerk
CITY OF KENAI
RESOLUTION NO. ';'6-56
WHEREAS, the Congress of the United States has adopted and appropriated
funds and the President of the United States has signed the appropriation
act, namely; the Local Public Werks Capital Development and Investment Act
of 1976, aud
WI~RF~S, the State of Alaska has been allocated funds under provisions of
this Act for local public works, and
WHEREAS, the City of Kenai is eligible for 100 percent funding of proleets under
this act, and
WHEREAS, the City of Kenai has a Water Improvement Project of which only
part of the project could be funded and a major phase of that project, namely
the Closed Storago Water Reservoir, had to be deleted due to cost ,'vetwun.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai that
the City Manager be hereby authorized to apply for 100% funding in the amount
of $1,399,420 for the construction, of the severiy needed Water Reservoh' phase
of the Kenai Water Improvement ProJeet as authorized by the Local Public Works
Capital Development and Investment Act of 1975.
PASSED by the Council of the City of Kenai, Alaska, this 20th day of October, 1976.
ATTEST:
Sue C. Peter, City Clerk
JAMES A. ELSON, MAYOR
CITY OF IiENAI
RESOLUTION NO. 76-57
A RESOLUTION OF.THE COUNCIL OF THE CITY OF KENAI, ALASKA,
RECOMMENDING THAT CERTAIN PROPERTY IN TIlE VICINITY OF THE
KENAI SPUR HIGHWAY AND BEAVERLOOP ROAD BE REZONED FROM
SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL.
WHEREAS, the City of Kenai Advisory Planning & Zoning Commission
has recommended rezoning a certain tract (map attached) from
Suburban Residential to General Commercial, and
WItERF~S, the Kenai City Council must concur and recommend
such change to the Kenal Peninsula Borough Assembly who has the
ultimate authority in zoning matters.
NOW, THEREFORE, BE IT RESOLVED by tile Council of the City of Kenai
that the Council does concur in the recommended rezoning and urge its
approval by the Assembly of the Kenai Peninsula Borough. Copy of
Planning and Zoning Commission's Resolution No. PZ 76-3 is attached
and incorporated herein by reference.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 20th
day of October, 1976.
ATTEST:
Sue C. Peter, City Clerk
JAMES A. ELSON, MAYOR
CITY OF KENAI
RESOLUTION NO. PZ 76-3
A RESOLUTION OF THE ADVISORY PL~-~NINGAND ZONING C0r-~.IISSION OF
THE CITY OF KENAI RECOMMENDING ~IAT CERTAIN PROPERTY IN THE
VICINITY OF THE KENAI SPUR HIGHWAY AND BEAVERLOOP ROAD BE REZONED
FROM SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL.
~HEBEAS, there is a shortage of commercial property near the
downto~.;n area of Kenai, and
WHEREAS, the property in the vicinity of the Kenai Spur Highway
and Beaverloop Road, which is currently zoned suburban residential,
would be prime commercial property, and
~HEREAS, this property is not well suited for residential develop-
ment, and
~HEREAS, property adjacent to this is being used for commercial
purposes, and
~EREAS, this property is a logical extension of the present
commercial development of Kenai, and
WHEREAS, there is interest in development of this property for
commercial purposes.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Planning and
Zoning Commission of the City of Kenai, Alaska, that it is hereby
recommended that the certain property in the vicinity of the
Kenai Spur Highway and Beaverloop Road, more particularly
located by the map which is attached hereto and incorporated
herein by reference, be rezoned to general commercial.
PASSED by the Advisory Planning and Zoning Commission of the
City of Kenai, Alaska, this 13th day of October, 1976.
ATTEST~
Elena Herren, ~l~nnfng Secretary
IL."
."' ....
t'
,e/
CITY OF KENAI
RESOLUTION NO. 76- 58
WHEREAS, the City of Kenai Advisory Planning and Zoning
Commission has recommended by resolution that the old Library
Building and lands be released from dedication to public use, and
WHEREAS, such release from dedication must be considered at a
public hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai that:
A Public Hearing shall be held on Wednesday, November 17,
1976, at the regular meeting of the Kenai City Council, to
determine the public's desire as to future use of the
"Old Kenai Library Building and Lands".
PASSED BY Tt~ COUNCIL OF THE CITY OF KENAI, this 20th day of
October, 1975.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Clerk
CITY OF KENAI
RESOLUTION NO. 76-60
A RESOLUTION OF THE COUNCIL OF THE CITY OF K~I~AI, A!,A,~WA, TO
RAISE ORDINANCE NO. 310-76, **AN ORDINANCF. OF THE COUNCIL OF THE
CITY OF K~NAI REVISING THE. SCHEDULE OF RATES FOR USERS CONNECTED
TO CITY WATER AND SEWER SYSTEMS", FROM THE. TABLE. AND SETTING A
TIME FOR A SECOND READING AND PUBLIC HEARING.
WHERRAS, the City Council, City of Kenat, at the request of the City adndnistraflon
tabled Ordinance No. 310-76, revisfng the schedule of rates for users connected
to City Water and Sewer Systems, end
WHBREAS, the City administration is now prepared to present revised rates, end
~IEREAS, to provide in accordance with law a publte hearing to enable the
public to be heard.
NOW, THERSFORE, BE IT RESOLVED BY THE COUNCIL OF T~E CITY OF KENAI
that Ordinance No. 310-76, *'an ordinance of the Council of the City of Kenai
revising the schedule of rates for users conncoted to City Water and Sewer Systems",
is hereby raised from the table end scheduled for second reading end public
heating on November 3, 1976.
PASSED BY THE COUNCIL OF THE CITY OF K]~NAI this 20th day of October, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Petm', City Clerk
AGREL~$L~qT FOR SERVICES OF SITE ENGINI~R
AG~ENT made this day or ,
between the City of Kenai, her~__i.-__-_q~ t~Jerred to as *Clty", and
(la,fit g. P~n,s~n, herefnafter ret*erred to so "Site J~n~bieet,'.
City Jo m~re~tly engaged in the e~n~uetfon o! · water well
and ~.~_~_ b partially funded by the bnomfe Development Admtnf-
stnttfon and known an i~A Project No. 0~-01-0~684
berM_-_to.,~p referred to ss the "Projects.
I. sb En~ shdt provMe enS~neerb~ and teehnJeal
2. Sfte En~ shah be present on the l~eet site at all
time durtn~ whteh any eontrse~r is performfn~ work on the Project.
3. Site F.n~ shall repofl M the Director ~r Publfe Works
4. Si~ ~ shaU be respons~le for ~ that City
eomplte~ with mil the tm~mo and oond~ of the EDA ~t~nt for the
l~oJeot o
AGREEMENT, Poge 'Two
IN WITHES WHEREOF, the imrtfes Mete Jmve ~et M lmnds
John E. Wfse; Cfty Mmmgm*
d
fred G~.th E. Pehrson, herefrmrter ~*ere~red to as *Conmdffng £,f~dJ~eer'.
WHERFJiJ. Consulting Engineer fs eurrenUy uncle*
wfth City rot perrormm~e or services in emmeetion wflh EPA
ProJeet No. 01-01-01684,
the ¢iW on other p~oJems d.ur~ hours in wMeh he ts not __~e,__~fed wfth
tim EDA FToJeet, Etd
lqOW, THEREFORE, thelm~thmbere~o~Tees~obl/ows:
AGREEMENT, p~ge two
4, ~ Agreement nay be termfmted ~or my re. on by
el~__~._ pm. ty by givinf ~0 days written nottee to the other perry.
WITNESS WHEREOF, the portieo hereto hove set their
lmub the d~ty mul ymr first sbited elx~ve.
· CITY OF ~
CONSULTING
Oarth i~. Pein*mn
CITY OF KENAI
RESOLUTION NO. 76-63
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI AUTHORIZING
CHANGE ORDER #I TO THE EDA WATER WELL/TRANSMISSION LINE CON-
STRUCTION PROJECT
WHEREAS, the initial design of the transmission line phase of the well/transmission
line project called for a 60 foot pass- through casing for the crossing of the Kenai
Spur ~_ghway, ~d
WHEREAS, the State of Alaska has required a 120 foot pass-through casing to meet
futux'e, contemplated road widening of the Kenai Spur Highway.
NOW, TI~REFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska
that the City Administrator is authorized to execute Change Order #I in the
mount of $12,000 to enable compliance with requirements of the State of Alaska,
Department of Highways.
AND BE IT RESOLVED that the City Administrator is directed to request approval
of said Change Order #I by the Economic Development Administration and that the
Economic Development Administration authorize said $12,500 be reallocated
from Contingency to Construction.
PASSED by the Council of the City of Kenal, this 20th day of October, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Pete~, City Clerk
CITY OF K~NAI
RESOLUTION NO. 76-64
A RESOLUTION OF THE COUNCIL OF THE CITY OF K£NAI DIRECTING THAT C~RTAIN
WATER AND SEWER IMPROVBMBNT DISTRICTS OF THE CITY OF KBNAI BP- REASSESSED.
WHEREAS, suit by the Kermi Property Owner*s Assoefation was instituted by certain
owners of benefitted property in cert~_~ water and sewer improvement dish~icts (Kenal
Property Owner's Association v. City of Kenai - Civil Action No. 74-1265 in the Superior
Cou~t). and
WHERI~AS, by Order dated August 23, 1976, Judge ~ben Lewis directed that properties
owned by certain ~.med individuals be reassessed to bring them into comp!,_'_s_~ce with
the 25% limitation contained in the Kenai City Charter, and
WHEREAS, the limitation in the Charter Section 7-3, reads as follows: "No special
assessment sb_~l! bo levied by the City government against any property in excess
of 25% of the fair cash market value of the property after giving effect to the benefit
aecmdn6 thereto from the work er action for which assessed".
WHEREAS, by ordinance the City must reassess parcels wftb~,t one year when so ordered
by a Court of competent Jurisdiction, and
WHEREAS, such order and suit have brought to the attention of the Council the fact that
the assessments of other persons in improvement districts formed in 1973-1974 who did
not object er who'did not Join in the suit may also be in excess of the 25% !~mitatton, and
WtiBRHAS, the Council finds that it is in the interest of equity and fairness that all such
improvement districts be renssessed for the purpose of complying with Section ?-3 of the
Ch=~m', and
WHEREAS, such improvement di~ets which should be reasseseed a~e as follows:
Water improvement Distri~ No. 8
Water improvement Distriet No. 73-W1
Water Improvement Dtstrfet No. 73-W2
Water Improvement District No. 73-W5
Sewer Improvement District No. 73-S1
Sewer Improvemmt Dt~;~t No. 73-S3
Sewer improvement District No. 73-S2
RESOLUTION BIO. 76-64 - Poge Two
WHEREAS, there are three other districts which were formed, but never confirmed by
the Council, such districts being as follows:
Wate~ Improvement District No. 73-W4
Sewer Improvement District No. 73-S4
Watm' Improvement Disiriet No. 73-W3
WHEREAS, the Council may wish to confirm these distrdets ff reasseesed.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KI~NAI
as follows:
Section h That all parcels of benefitted property in the following districts
be reassessed in accordance with this resolution for the express purpose of b~lnging them
into compltm~ce with the limitation of 25% of the fair cash market value of the property after
~ effoct to the benefit to the improvement which i$ contained in Section ?-3 of the
Charter of the City of
Water Improvement District No. 73-W4
Sewer Improvement Distrfct No. 73-S4
Water Improvement District No.
Wete~ Improvement District No. 8
Water Improvement Distri~ No. ?3-W1
Water Improvement District No. 73-W2
Wate~ Improvement Dlah-lct No. 73-W5
Sewer Improvement District No. 73-S1
Sewer Improvement District No. 73-S3
Sewer Improvement District No. 73-S2
Section 2: That the administration proceed with preparation of a final reassessment
roll for each of the above named districts and that the present owners of all parcels of
benefltted property as reflected in the tax assessments rolls of the Kenai Peninsula Borough
be ~tven notice of the City's intent to reaseess and of the date of the public hearing to
be held for confirmation of the final reassessment roll.
Section 3: That a public hearing for the confirmation of the reassessment roll
of each of the above-named districts shall be held Decomber 1, 1976, at 8:00 P .M. in the
Kenai Public Safety Building.
RESOLUTION NO o ?6-64 - Page Three
f;ectfon 4: That assessments shall be computed in the same manneF as provided
In the Resolution or Ordinance fro- each district as follows:
Water Distriot No. 75oW4 Resolpflon No. 74-8
Sewer Dffflrfct No. 73-S4 R~lu~ No. 74-12
W~ D~t No. 73-W3 ~lu~n No.
Wa~ D~t No. 8 ~lu~n No.
W~ D~ No. 73-~ R~lu~n No.
W~ D~ No. 73-W2 R~lu~ No.
W~ D~ No. 73-W5 ~~n No.
S~ D~ No. 73-S3 R~lu~n No.
S~ D~ No. 73-S2 O~ No.
Aftra' a prelfminary assessment fs computed for e~ch l~rcel in ~ordsnce with the
approprfate resolution or ordinance, that value shall be added to the value of the parcel
os established bi 1973 by the Kenaf Peninsula BoFou~h AssessoF. The resultJn6 sum Is
then mulflplfed by .25 end the l~oduet shell be eompm~ed with the prelfmhMl, y assessment.
Ii' the prelimtnm*y assessment is equal to oF less than the l~odu~t, the prelfminal~ ~ssess-
merit shell become the reassessment. Ir the M'elimtnary assessment fs greetm* then the
product, the reassessment shall be a fl~lFe equal to the product.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, tht~ 20th day of Octobei*, 1976.
~TTEST:
JAMES A. El, SON, MAYOR
Sue c. eet . C erk
C~TY OF
CO~'~SEr~T TO SUBI.~'L.'iSE OR
dated
Lease recorded
· covering the follo~ing-described property:
Lot 2, in Block 2, of the Ceneral Aviation Apron No. 1, in the City
of ge__n~_i, according to Plat 73-68, filed in the Kenai Recording
District, Third Judicial n/strict, State of Alas~m.
Is hereby AL'~IO~/LI~q)~EDA~IDAPPROVED, subject to the sane term
and conditions as cont;dned in the original Lease above described.
·his Consent is given by the City of Kenaiwithout waiving any
right or action, or releasini; ~he .A~signor from any liability or responsibility
under rim aforo~entioned Lease, and does not relieve the A~sig~ee from tho
condition reqairing City approval for any subsequent sublease or nsoigr~ent.
ST/fig OF Z~,ASKA
IItlRD~UDICIALDISTRICT
On this day of , 1976· before ~e
personally appeared , known to be the person
~ho executed the above instrument, and acknowledged that he (she) had the
authority to sign, for the purposes stated therein.
NOTARY PUBLIC FOR ALA~KA
~y Co~ission Expires:
ASS]C,I~IENT OF LEASE
GERALD L. WASSON and ALEXIS WASSON, of Box 3689, Kenat, Alaska,
hercina[ter referred to as the Assignors, for TEN DOW.ARS and other valuable
consideration, do'hereby assign and tranmfer to NATIONAL BANK OF ALASKA, of
Anchorage, Alaska, hereinafter referred to as the Assignee, all of their
{.r~rest in th~ following de~crlbcd lea~e for t|,~ purpose of collateral,
with the City of Kenai as Lessor:
Lot 2, in Block 2, of the General Aviation Apron No. 1, in the City
of Kenai, according to Plat 73-68, filed in the Kenai Recording
District, Third Judicial District, State of Alaslm.
DATED:
ASSIGNORS:
(;ERALD L. WASSON
~TATE OF AI,ASKA )
T~IRD JUDICIAL DISTRICT )
T~IS IS TO CERTIFY that on this day of ,
1976, before me, the undersigned, a Notary Public for and in Alaska, duly
commissioned and sworn as such, peraonally appeared GERALD L. WA$SON and
ALEXIS WASSON, to me kno~m and kno~m to me to be the individuals named in and
· who executed the foregoing instrument and they acknowledged to me that they
$i~ned the said inst~ument for the uses a~d purposes therein mentioned.
IN b~ITEESSWHEP~)F, ! have hereunto set my hand and official seal
the day and year above ~ritten~
Notary Public in and rom.Alaska
IQ Commission Expires:~_
O 2.
I T~IIII I I I ' IIII
CITY MANAGER'S REPORT #3
October 15, 1976
ADMINISTRATION & FINANCE
Kermi Property Owner's Association
A resolution has been prepared and is on the agenda to set a date for public hearing
for reassessment that the Council so directed following the Executive Session at
the last meeting. It should be noted here that the time-frame identified in the
resolution has to provide for a letter notification to each effected property owner.
Tht_~ is why the hea~ is set for December 1, 1976.
Airport Study
We expect to receive from our consultants the proposed grant applioatton and design
study early this week on or about the 19th er the 20th. It will be dis~*fbuted to the
Airport Advisory Commission for their review and comments and following their
initial review, we will have a meeting to discuss th~ proposal. In the evant, it is
felt that additio-_~l input is desired f~om the consultants, we will ask one or more of
the consu]_~_ _n_ts to come to the City to discuss it with us.
Senior Citizen's Nutritional l~am
We have rcoeived word that the g~ant application for the Nutritional Program has
been approved. We have on the agenda a resolution authorizing the acceptance of
the grant and authorizing the negotiation of contracts for implementation of the grant.
Additionally, we have an ordinance on the agenda which will set the budget for the
project and, of course, requires a formal budget transaction establishing appropriations,
revenues and setfln~ the eategoriee for expenditures. These items have not been pre-
pa~ed inasmuch as we have not received the lettors per se. As soon as we receive
the official documentation, we will complete the resolution and the ordinance and be
able to "plug in" the numbers applicable. We prefer to approach it this way rather
than delay the proJeet for anothor two weeks.
Airport Ordinance
Copies of this ordt~r~e, as introduced, have been maned to leeal fixed base operators
and the FAA for their information and review prior to the public hearfng this coming
Wednesday.
Assessment Ordinance Amendment
We have an assessment ordinance amendment. This relates to a special ordinance
which was passed in relation to a special situation for owners of a large number of
individual lots~ Again, this is a situation where there is a dangling situation and
this amendment in effect is to olose that and provide for proper administration of
that ordinance.
CITY MANAGER'S REPORT #3 - Page Two
10.
Financial Status Report
An abbreviated Financial Status Report is attached. I would like to draw your
attention that as of the 31st of September, a quarterly report if we are on-target in all
categories, our income should be approximately 25% of that estimated and our
expenditures, encumbrances should also equal 25% of the projected bt~.dgcts. Detailed
reports will be available for Councilman Wheian and Councilman Ambarian on Tuesday
or Wednesday. We will have them for tb_~n at the meeting in accordance with their
expressed desires.
Grant Application for the Water Storage Reservoir
The attached resolution authorizes the administration to file an application with EDA
under provisions of the Public Works Employment Act of 1976. The application will
request a grant of approximately $1,400,000 to cover 100% of the costs as of the date
of applloatin fox' all astivities pertaining to the constmlction of the reservoir.
Tibbeta Garage
The request from Mr. Tibbets for reimbursement for the closure of his garage and
legal fees is also included under old business on the a~:enda. Attached to the report
is a statement of Mstory pertatnir~ to the Tibbet$ situation. Also attached to that is
a lentil opinion from the City Attorney. Resolution of this matter is, of course, at the
pleasure of the Council.
Hearin~ by the City Council sfttin~ as a Board of Adju~hnent for the City o~.
Kenai in the matter of the Baptist Temple
You will find enclosed in your folders for the n~ht of the meeting a legal opinion il
by t__h__~ City Attorney as to the issues in this pm-timfla~ ease and a draft resolution as to form!i
periainin~ to your findings in the matter. Some of the e~encies that the administratiion ,.
has requested to appeer m~e the State Department of Environmental Health. The I
$_~_n_!tarian will be able to ~ive testimony as to the publlo health rules and re~uletions
pertafni~ to the operatilon of a ohureh/sehool. We will have ou~ Fire Chief available
to relate City and State requirements as to fife safety, tie expect that we will have
documentation from the State Department of Education in Junean as to the requirements
for certification for a sehool of this type. It is, of course, up to the Council as to whst
they desire to have presented into the rem)rd as a matter of evidence.
,Petition for Tax
A work session was held Thursday night the 14th in the Public Safety Building
to discuss the petition for a Tax Differential Zone. The administration's position
is that we have no way of really identifyin~ the service for which a tax differential
is being requested. We have made a presumption that relates to road mafntenanee.
This may or may not be the case as the petition does not clearly identify these leek
CITY MANAGER'S REPORT #3 - Page Three
of services alleged. Howevcr, administration al~o feels that the tax differential
situation would be opening a "Pandera's Boxe and be nearly impossible to apply
in an equitable manner to any part of the City. Further, we would recommend that
two actions be taken by the City. One that we establish a reconstruction program
of those which are obviously bad streets and which the City has accepted for maintenance.
Secondly, we establish by ordinance or by Borough ordinance a subdivision requirement
which would require for a developer to place a cash escrow or performance bond to
insure proper development of the streets he has requested in his development. As an
adjunct to that, we could also request for fimding of his share of off-site improvements
which would be a tremendous asset to the City and protect the City from a "fly by night"
developer, speculator, selling homesites to a gullible public.
,Zenin~ Resolution
This resolution relates to a proposed zoning change of City-FAA ~l~,ds in the vicinity
of the Spur Highway and Beaverloop. The Planning Commission is recommending
in accordance with the map attached thereto by refarence a rezouing from rural
residen~_~l to general commercial. However, included in some of this rezontng is a
ax'ca eum-ently shown as conservation. I would make this comment -- it is much more
desirable to rezone the entt~e area as general commercial and then as the City is the
ovmer, we can by survey and plat designation protect those environmental
eoneem areas by designing lots which are undersized or odd-shaped and unsuitable
for fux. ther development,
Resolution on Old Ltbrat~ Butldin~
The Plannfng & Zoning Commission has adopted a resolution recommending the Council
set a public hearing to determine the use of the old Library Building and lands.
This resolution was proposed by the admtn_t_s~ration as we will be moving the library
in the next few days, We need instructions from the City Council as to what to do with
this pm*ticular building. Hopefully, we will not be future landlords of a building which
x'egt*ettably we must consider inad .equate and perhaps dangerous.
13. ,Ro,ads & ,T ,rafts FY??,?8 s 79
Attached is a resolution to the State requesting allocation or confirmat~n of a program
fo~ Roads & Trails for FY ??, ?$ and ?9. It must be noted that these are anticipated
funds inasmuch as they go before the voters on November 2, 1976 in the State Bond
Issue fo~ Roads. Therefore, there is no assurance that the measure will be passed
and the funds actually will be available. To meet a deadline, the administration has
proposed what is shown on the resolution. Again, we will point out that this ia only
an tni_~l*! commitment that we do have or will have a program. The actual funding of
any aeflvfly will be by the Council in appropriate legislatory .action making definitive
appropx*istions and setting definitive projects. So this is not binding on the Council
at this iL-ne other than to say that we want the monies from the State for application on
lineal Roads & Trails programs.
I
ilml i .... 1~ III1{
CITY MANAGER'S REPORT #3 - PAGE Four
14.
Bills for approval and ratification
We have one major bill and that is the Auditor's fee for a slgnificsnt sum which, of
course, has been appropriated and is in the budget and needs Council approval at this
time.
DEPARTMENT OF PUBLIC WORK8
Forest Drive Water Line
All construction is complete and final dean-up as well as street patching and in-
stallation of gate valves and marking posts has been completed. As-builts have been
received and are being sent to the Department of linvironmental Conservation
and the State for their approval so that we san receive the State funding.
Animal Shelter
Const~detion of the Animal Shelter has been stopped at this time due to the lack of
elec~'ieity. We are, therefore, submitting an emergency ordinance fo~ funding so
that we can provide electricity to the facility.
Warm Storage Bulldin~
The warm storage building is now WARM, however, lighting has not been completed.
The project should be complete with the ltgb!!_n~ t_h_i__~ week.
RDA W.ate~ Well Transmission Line
Cles~ fo~ the Well House and for the water line is complete. The footings for the
Well House have been porn'ed and bsek-filling compaction of the slab is in pro,ess.
Pottrings for the two highway orossinge have been eempleted and dismantl~ of the
old well house on Caviar Street is proceeding. However. we have run into a sna~
al~eady on tMs project and we are asking by resolution for approval of Change Order
#1 in the amount of $12,000. The design of the project was for a 60' under-the-roadway
orossin~ and the State now requh, es that we put in a 120' orossin~ castings. To do
this we need a $12,000 Chan~e 0rde~ which is listed as a resolution on the a~enda.
Kenai Boat Harbor Road
Construction of the road has stopped due to the rains and possibly will not continue
until next summer. A small amount of base material is still needed plus g~avel for
su~facb~ of the entire road.
tit
CITY MANAGI~R'S REPORT #3 - Page Five
Redoubt Terrace Subdivision
Construction of the water and sewer lines have been completed. We are now in the
process of testing s~me.
Electrical Contract - Sewer Plant
Most of the electrical work has been completed by Kenal Electric. There is some work
that has to be accomplished by the City crew, hopefully, this will be completed in the
very near future,
street crew
The str, eet crew has been finishing up some drainage problems prior to freeze-up and
~ wings and blades on our snow removal equipment.
Water and Sewer Crew
The water and sewer crew along with the Fire Department are in the process of
flushing all n~_ !_ns and hydrants throughout the City prior to freeze-up. The water
alld sewer crew are also tcirning off water and draining all water lines to the parks.
10. ~Commendation for the Animal Control Officer
We have had some' comments fFom the public relative to the Animal Control operation
and, in particular, had a eau from one young lady commending out. Animal Control
Officer, Ken Siirila, for his activities in finding a lost cocker spaniel which,
tneidenially, he was blamed for losing on the radio. The allegation was withdrawn
and the people are very happy with his activities.
~EI)A T~ansmis, sion ,Insl~eeflon
Gat-th Pein, son's contract is now in the process of being finalized. We have his
initial proposal, however, there are cei*taln counter-proposals administration will
_m~lce. This will require him to become essentially on independent contractor with
appropriate legal requirements. Since we expect to be providing him with admini-
s2ative support, transportation and so forth, we will insure that there is a charge
which is rebated properly to the City as a part of the contract.
Street Lighting. A~Teement with the State Highway Department
I have placed the agt, eement on the agenda for approval by the Council. However,
I am having discussions with Phil relative to the requirement to detail inspect the
lighting system before we accept it. Hopefully, we will resolve that so that we can
move the resolution at the Council meeting.
CITY MANAGER*S REPORT #3 - Page Six
13. State Highway Reconstruction of Forest Drive and Redoubt Avenue
I have received no answer from the State as to my letter of complaint to them last
'week. If i do no~ receive an answer in the near future, i will malce additional contact
with that office.
14. Water and Sewer Permit Fees
We have on the agenda a resolution to raise from the table the water and sewer permit
fee erdtnanee. Since another public hearing is required, at this time the resolution
will simply call for a public hearing at a future date. We will have completed all
aspects of the ordinance at that time. ,
15. Little Ski-Mo
a. On the lot the Little Ski-Mo is located, there are two structures - a trafter
(residence) and the Little Ski-Mo (the business). In 1969, water and sewer tie-in
permits were obtained. In 1972 water and sewer eonnsottons were reported as being
made. As of that date, October 1972, b_tlLt_n_g was commenced as to commercial rate for
wate~ and sower.
The t~ailer has had both water and sewer and the little Ski-Mo as of May-June
1976 had only water. Sewer was av_~_il~_~ble but the Little Ski-Mo was not fled into
the public sower. The Department of Health, State of Alaska, reports t_ _l~_~t on 6-25
the sower of the Little Ski-Mo was fled in to the line running from the trailer to
the sower ~_at~_n_.
The property has had sewer and water and was billed correctly. No rebate is
properly due. It is reco~a__n_ded that the motion providing for rebate be rescinded.
b. Gusty Subdivision Lot 3 - New Ski-l~1o. In 1970, water assessment ealeulaticns
for the three lots of the subdivision were made. Such assessment charges were
to be made as *'payment in-lieu of assessment" in the mount of $4,364.23.
In 1972, records indicate and apparent agreement to ~'pay ~_~!( of the cost of
sewer and water hook-up when no sewer line was found as indicated on the City
.drawings*** That was annotated on a bill to Mr. Ferguson, the owner at the time.
.In 1973, records indicate an allowance of $2,200 was made in regard to the ~*non-
existent sewer line". In 1975, records indicate sewer lines had been extended by the
then owner as he sought relief from penalty and interest that he vas then owing.
CITY MANAGER'S REPORT #3 - Page Seven
By inference ft appeax*s that by virtue of the nllownnee of $2,200 to the lea~
r~ntal the Lessee had, in fact, extended sewer lines at hfs own expense. Thfs is
further verified by the request fox' relief of 1975. Logically, it follows that a prudent
man would, tvhen extending facilities such as sewer, extend them to the degree of
sex. v-lng all identifiable properties in his contx, ol -- in this case Lot 3. It is, therefore,
concluded that the City could reasonably accept information that the sewer main
extension to Include Lot 3 did exist. Claims for non-existence of sewer mains on
Cohoe or Bix, ch Street extension abutting Lot 3 should, therefore, be made to the pre-
ceding owne~ of record.
John E. Wise, City Manager
B.
C.
D.
B.
F.
K£NAI PENINSULA BOROUGH
AG£NDA FOR R£GULAR ASS£MBLY ME£TING
OCTOBER 19, .1976'; 7:30 P,M.
BOROUGH ADMINISTRATION BUILDING
P. O. BOX 850
SOLDOTNA, ALASF, A 99669
o-flGENDA-
CALL TO ORDER AND ROLL CALL
PL~DGB OF ALLEGIANC£ AND/OR OPENING C£RI~fONY
SPotTING OF NL:~ ASSI~.IBLY~N
AGL~DA APPROVAL
ORDINANC£ HEARINGS:
Ord. 76°$9 "An Ordinance of Kenai Peninsula
BOrough, Alaska, Authorizing the Issuance of
$7,g$5,000 Principal Amount of General Obli-
gation Refunding Bonds of the Borough for the
Purpose of Providing Part of the Funds Neces-
sary to Refund the Kenai Peninsula Broough
General Obligation School Bonds, 1976; Pro-
viding for and Authorizing the Purchase of
Certain Obligations with the Proceeds of the
Sale of Such Refunding Bonds and Certain
Moneys in the 1976 General Obligation School
Bond Redemption Fund o£ the Borough Securing
Such Bonds to be Refunded 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 Re£unded; Pro*
riding the Date, Form,' Term, Interest Rates,
Maturities and Covenants of Said Refunding
Bends to be Issued and for Unlimited Tax
Levies to Pay the Principal Thereof and In-
terest Thereon; and Providing for the Sale
Thereof to Seattle-Northwest Securities
Corporation of Seattle, ~ashington"
G. INTRODUCTION OF ORDINANCES
(a) Ord. 76-48 "An Ordinance Amending KPB 20.12.
Mumber of Plat Copies Transmitted for Prelimi-
nary Approval and Amending £PB 20.12.080 to
Clarify and Correct the Procedures for Noti-
Cing Subdividers of Commission Action on
Preliminary Plats and Amending KPB 20.16.0~
to Provide for the Number of Plat Copies
Transmitted for Final Plat Approval and Amend-
~g KPE 20.20.290 to Provide for Minimum Lot
Size Requirements'*
(b) Ord. 76-~7 "An Ordinance Conce~ing Rezoning
Within the City of Homer" (Glacier View Sub)
(c) Ord. 76-$8 "An Ordinance Concerning Razoning
Sithtn 'the City of Seward" (Orig. Tnst.]
(d) Ord. 76-60 "An Ordinance Concerning Rezoning
Wlthth ~he City of Seward" (Oceanview Sub)
IIII
AGENDA POR OCTOBER 19, 1976
Ord. 76-61 *'An Ordinance Concerning Rezoning
within the City of Seward" (Block 12)
PUBLIC PRBSENTATIONS (with prior notice]
(a) School Board, 10-18-76
(b) Air Resources Mgmt, Disto
(c) Sales Tax
~¥OR'S P~PORT
(a] ~emo 77-30. Position Classi~ication Study and
Coape~ation Surve~
(b) ~nthl~ Revenue and Expenditure Report
(ti Confi~tion o~ Atty. ~dy SEt,Sky
K. SCHOOL CONSTRUCTION ~PORT
(al Co~t~ction Status Report (~olloaing ma~l]
etna BUSINGS
(a) Res. 76-38 "A Resolution Requesting tho School
Board to ~onsider the Feasibilit~ of ~recting
~ Inflatable Cover ~er an Ice Hockey Rin~ in
the Soldotn~ Area on Prop~rt~ o~ the School
District for the Purpose o~ Youth ~ockey Compe-
tition and Fublic Ice Skating aocrc~t~on"
(b] Tax Adjustment ~quests ~. 2- ~ '
~YOR ~ ~S~LY: CO~NTS ~D DISCUSSION
N. ~BLIC P~S~TATIONS _
O. INPO~TION~ ~THRI~S ~ ~PORTS
(a) Minutes
AGH~A for Oct. 18~ 1976 School Board Mtg.
Pl~ing Co~is~ion, Sept. 20, 1976
~3 Invitation to Alaska School Fiance ~orkshops~
University of Alaska
Page 2
November 2, 1976, 7:$0 p.m., Borough Bldg.
P. NBXTMBBTING:
KENAI PENINSULA BOROUGH
AGENDA FOR REGULAR ASSEMBLY NEETING
OCTOBER 12, 1976; 7:$0 P.~.
BOROUGH ADbilNISTRATION BUILDING
P. O. BOX 8S0
SOLDOTNA, ALASKA 99669
· -AGENDA-
ASSEMBLY
A. CALL TO ORDER AND ROLL CALL Fields 9
Fischer 9
B. PLEDGE OF ALLEGIANCE AND/OR OPENING CERE)IONY llamrick 4
Johnson 10.67
C. SEATING OF NEW ASSEMBLYMEN Mika 9
Mu]len 11
(a) Report from Canvassing Board O'Com~ell
(b) Res. 76-37, "A Resolution Certifying Oldow 7.5
the Results of the Oct. $, 1976 Regular Branson
Borough Election" Cooper 10
(c) Seating of ~ew Hembers to the Assembly Corr 9
(d) Nomination and Election of Officers: Davis
1. President " ~. Elson Jim 10.66
2. Vice President C~, *- ~,Z~/x/~ Elson~ JoA 10.67
3. Appointment of ~arliamentarian
D. AGENDA APPROVAL
E. ~INUTES: September 21, 1976
F. ORDINANCE llEARINGS:
(a) Ord. 76-S3 "An Ordinance to Repeal Ord. 74-2
Ighlch Established Compensation and .~dnended tho
Expense Allowance for Assemblymen to be Effec-
tive November l, 1976"
G. INTRODUCTION OF ORDINANCES
(a) Ord. 76-62 "An Ordinanc~ Establishing the Bear
Creek Fire Service Area to Provide Fire Protection
Services and Providing for an Elected Board"
ii. PUBLIC PRESENTATIONS
(a)1975-76 Fiscal Year Audit Report Presentation /
by Mr. Clyde Sherwood o£ Artlmi' Young i Co.
(b) Mr. ~reg Gabriel, Ice Hockey/'~/ / ~ /0/ ~
(a) School Board ~eeting of October 4, 1~76
(b) Air Resources Hanagement Dist.
(c) Sales Tax Conuuittee Meeting~ October 12, 1976
J. MAYOR'S REPORT '
(a) Memo 77-28, Report on Establishment of Public
· orks Department
lb) Memo 77-27, Special $~aste Site at Sterling
(c) Memo 77-29, Refunding of School Bonds
AGENDA FOR OCTOBER 12, 1976
Page 2
NEXT MEETING:
Building.
K. SCHOOL CONSTRUCTION REPORT
(a) Memo 77-25, Purchase of Mobile llomes for Tyonek
(b) Tustumena, Anchor Point, Sterling Schematics,
L. OTHER BUSINESS
(a) Reconsideration of Ord, 76-56 "An Ordinance to
Provide for an Increase in' Ei~ployee Vehicle
Allowance' (Recon. by O'Connell) and Memo 77°26,
"Employee Car Allowance"
(b) Res. 76-35 "A Resolution Authorizing the Board of
UirectbPs of the North Peninsula Recreation Service_
Area to Expend Funds for the Operation of the pi~/
' p IV; ~
Tyonek Comnunity Center ( ostponed by Douglas)
(c) Res. 76-$6 "A Resolution in Support of the Council,
City o£'ienai, Alaska, Requesting that the State
of Alaska, Dept. of llighways Redesign and Reconstruct
the Intersection of Kalifonsky Beach Road and the /~
~arren /lanes Memorial Bridge Access Road"
(d) Tax Adjustment Requests
M. MAYOR AND ASSEMBLY; CO~.IENTS AND DISCUSSIO~
N. PUBLIC PRESENTATIONS
O. INFO~qATIONAL HATERIALS AI~D REPORTS
(a) Minutes: 1. School Board, 9-6-76, 9-20-76, News in Brief, 10-4-76
Planning, 6-14, 6-28, 7-19, 8-23, $-$0-76
3. OEDP, 9-15'76
4. SO. Peninsula Hospital SA, 8-18-76
S. No. Peninsula Recr&ation SA, 9-14 ~ 1o28-76 plus
attachments from Atty. Baldwin, Cre~s, Mclm~es
f Hoffman, Petition for Skating Rink
(b) Financial Statements, School Dist. ~uly f August, 1976
(c) AHL Bulletins: 1. 76-44 Constitution i By-Laws, Amendments
76-45 Coastal Zone ~gmt. Workshop
$. 76-46 1978 Conference Site
4. 76-47 Federal Paperwork Workshop
Board*s September Staff Report
Other: Certification of Second Supplemental Assessment
Roll for 1976; Consumer Price Index, August 1976
P. October 19, 1976, Borough Administration
AGENDA
REGULAR MEIWII~G - KENAI CITY COUNCIL
OCTOI~£1t 20, 1976 - 8:00 P .M.
PUDLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
A. ROLL CALL
AGENDA APPROVAL
PUBLIC HEARINGS
1. Ordinance No. 313-76 - Amending Kenai Community Library Gr~nt
2. Ordinance No. 314-76 - Sp~lal Deterred Assessment~ tn Cer?_*!~ W/S Improve. Dlst.
~. O~dinance No. 315-76 * Requiring Assessments be made ettrr~nt et ~ansfer of rifle
4. Ordinance No. 316-76 - Amendin_~ 1976 Kenai Mu__.!_~pal Airport Regulations
AI~JOURNMENT # BOARD OF ADJUSTMENT - KENAI BAPTIST TEMPTS-
F. OLD BUSINESS
I. Tibbets Gm~e
NEW BUSINESS
1. Bills to be pMd - bills to be ratified
~. O~*dlnan~e No. $17-76 - Cia*flying Ordinance No. 240-74 · ltmfting it sm to time
3. Ordinance No. 316-76 - T~_n~e~in~ Funds to complete An~nol Sbe_~__,~*_ &
4. OrdL,~ _*_~.e No. 316-76 - Senior Citizen Nutritional PTogeam Budget
S. Resolution I~o. 76-~1 - Authm*izin~ aeeep~onee of S~. Clttz~ Nutetffonal Pro, ram
and authorizing entering into Agreements for tmplementatfon
?. Resointion No. ?6-55 o Reimbursement ~ Sia~e - SWeet Lights in Urban Seegon
$. Resolugon No. ?6-55 - Fublfe Win, ks Capital Development · Investment Act of 1978
9. Resolution No. ?6-$? o Rezonin~ a certain t~aet o~ land in Ci~ of Kemi
I0. Resolution No. 76-58 - Setting date fo~ public hearing on Old Library Bufldin~
I1. Resolution No. ?8-59 - Aeeepfln~ Local Sm'vice Roads · TI'aris l'rogmun Funds
12. Resolution No. ?6-60 o Ratsin~ Ordinance $I0-?$ fl~m table · sett~ hes~ng date
15. Resolution No. ?6--62 - Contract(s) Inspection Semdee - EDA Wate~ Well Project
14. Resolution No. ?6-65 o Change Omle~ - EDA Watei. Well P~oJect
15. Resolution No. ?6-64 o Re~ssessment of em'lain W/S Improvement Diet. in Kenai
16. Assignment of Lease - Gerald L. and/o~ Alexis Wasson to National Bank et Alaska
17.
18.
H. REPORTS 1. Cfly Mam~a.'a Repm*t
2. Cfly Atto~ney*s Report
$. Ma~'o R~
4. ~W Cl~k's R~fl
5. F~e D~r*8 R~fl
~. K~ P~ ~h Aa~bly*9 R~
I. P~NS P~T N~ ~~ ~ ~ ~
1.
CITY OF KENA!
ORDINANCE NO. 313-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, APPROPRIATING
$20,000 TO THE CAPITAL PROJECTS FUND ENTITLED 'KENAI COMMUNITY LIBRARY~
AND INCREASING ESTIMATED Rb:Vl/NUE~, /~N:I'ITLED "KENAI COI~MUNITY LIBRARY
GRANT~ IN THE AMOUNT OF $10,000 AND DONATIONS FROM THE FRIENDS OF THE
LIBRARY IN THE AMOUNT OF $I0,000.
WHEREAS, the City of Kenai has previously received a grant from the State of Alaska -
in the amount of $356,505 for the construction of a Hbrary; and
WHEREAS, $60,000 of this grant was allocated for furnishing and bids received for
these items exceeded this amount; and
WHEREAS, the State of Alaska has increased the original grant by $10,000 provided
the City of Kenai matches this amount; and
WHEREAS, donations in the amount of $10,000 from the FrSends of the Library have
been deposited with the City of Kenal in a Special Revenue Fund; and
WHEREAS, proper accounting practice requires that all appropriations of City monies
be made by ordinance.
NOW, THEREFORE, be it ordained by the Council of the City of Kenai, Alaska, that
the City increase estimated revenues and appropriations as follows:
Capiial Projects Fund:
increase Estimated Revenue:
Kenai Community Library State Grant
Donations - Friends of the Library
$10,000
$1o. ooo
inet*ease Appropriations:
Kenai Co_m_ ~_~_.!ty Library
$20,000
PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 20th day of October, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Clerk
FIRST READING: October 6, 1976
SECOND READING: October 20, 1976
EFFECTIVE DATE:
CITY OF KENAI
ORDINANCE NO. 314-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KEI~AI CLARIFYING THE STATUS
OF SPECIAL DEFERRED ASSESSMENTS IN CERTAIN WATER AND SEWER IMPROVEMENT
DISTRICTS.
WltEREAS, Ordinance 234-73 creating Sewer Improw-ment District 73-S2,
Resolution 74-4 creating Water Improvement District No. 8, Re~olution No. 74-5
creating Water Irhprovement District ?3-Wl, Resolution No. 74-6 creating Water
hnpro, vement District 73-W2, Resoluf~n No. 74-9 creating Water Improvement District
73-W5, Resolution 74-10 creating Sewer Improvement District 73-SI con?_~!n a provision
reading as follows:
So much of parcels of benefitted land with frontege in excess of 330 ft.
on this district, held as an unsubdtvided parcel, may have payments
deferred on assessments until such parcel or parcels are subdivided.
WHERFAS, such provisions do not clearly delineate how and when such special
deferred payments are to be made, and
WHEREAS, it is the intent of the Council to establish a policy with regard to special
deferred payments in the above-named districts.
NOW, THEREFORE, BR IT ORDAINED by the Council of the City of Kenai, Alaska
as follows:
Section h Section 5 (E) of Resolutions 74-1, 74-5, 74-6, 74-9 and 74-10
and Section 4(S) of Ordinance 234-73 are and each of them is hereby amended to
read in their entirety as follows:
E. Parcels of benefitted land in this distr~ct with frontage
in excess of 330 feet may have that portion of their assessment payments
attributable to the excess of 330 feet deferred until such parcel is sold
or subdivided. If any payments are deferred, they shall be handled in the
following manner:
a. The total special deferred assessment shall be set up in
installments 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 'fnst~llment schedule". The sum of the principal and
interest of each payment .shah be hereinafter referred to as the "annual
installmentn. The dates upon which payments arc due in accordance with the
installment schedule are hereinafter referred to as the "schedule due dates".
ORDINANCE NO. 314-76 - Page Two
b. No annual installment on special deferred assessments shall be
due until 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 accordance with statute. The rifle to a
parcel shall be deemed to have been transferred when the instrument evidencing
transfer of title is duly recorded with the Kenai District Recorder in accordance
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 prdneipal portion of each annual 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 lO percent shall be added to
the amount due. Such penalty shall be based on thc total of the annual install-
ments only and not upon interest on the annunl installments.
d. Upon transfer of title to s p,~rcd, annual installments shall be-
come due in the same manner as if the pared were subdivided and interest
and penalty shall be computed in the same manner.
e. Annual installments remaining after psyment is made in accordance
with subparagraphs c. or d. hereinabove sh~dl be made according to the
installment schedule in the same manner as assessments which have not been
deferred.
f. In thc event special deferred assessments on a parcel have not
been paid in accordance 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 rate of 8 percent on the prtnioipal portion of each annual installment
from its schedule due date to the date of payment. If payment is not made witifln
90 days of the last sohedule due date, a penalty of 10 percent on the total '
of all the annual installments shall be added to the mount due.
· il. Pm'eels upon which special deferred assessment~ have become
due and payable shall be subject to foreclosure in accordance with statute
in the same manner as parcels with assessments which have not been defem, ed.
PASSED BY TEE COUNCIl, OF THE CITY OF IQ~NAI, ALASKA; this
October, 1976.
day of
ATTEST:
MAYOR JAMES A. ELSON
Sue C. Peter, City Clerk
FIRST HEADING: October' 6, 1976
SECOND READING: October 201 1,976
EFFECTIVE DATE:
CITY OF KENAI
ORDINANCE NO. 315-76
AN ORDINANCE OF TIlE COUNCIL OF TIlE CITY OF KENAI REQUIRING TI~L4T
Af~SES~iENTS BE I~...~E CURRENT AT THE TIME OF TRA.~ISFER OF TITLE
WHEREAS, the Council finds that it is essential to have assessments current at
the time of transfer of rifle.
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 amended to add new Sections
16-22 and 16-23 which shall read as follows:
Payment of Assessements Upon Transfer of Title
Section 16-22: All past due installments on any special assessments
levied on property in any improvement disfl, iet within the City of Kenal
s~l! be paid in full with applieabIe interest and penalty prior to the time
any transfer of title to that property is duly recorded in accordance with
statute. Tho transferor of the property shall be responsible for ensuring 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 $300.
The penalty provided for herein shall not bar regular foreclosure pro-
eeedings provided for by statute.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this
of October, 1975.
day
ATTIIST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Cle~k
FIRST READING:
SECOND READING:
EFFI~CTIVE DATE:
Oclober 6, 1976
October 20, 1976
Kenai Peninsula Borough Planning Co~n.
~ox 850
golgotha, Alaska 99669
Kenai Baptist Temple
Po Oo Box 3905
Kenat, Alaska 99611
September 17, 1976
Kenaf Baptis{ Temple hereby appeals, the d~.clsfo~ of the genai Planning
and Zontng Co, aiission made on 9/9/76, at ~;hfch ti~nc they denied issuance
of a conditioual use pa':~i~ to [enai Baptist to operate a church an~
NinEs Christian Academy to operate a private school in a general commercial
zone at the location described belo~r:
Tract A, Shadurc Subdivision and Lots I and 2 o£ the replat
of Tract A, Shadura Subdivision, in the Eenai ~ecording
D~stric~.
Enclosed lo the required ~25.fee required by the Eenai Peninsula Borough.
Sincerely youre,
Robert lt. tarrabee
· . So- a~ of this date ye have not zeceived~ri~en notification of
the decision o£ the Kenai Plannin§ and Zoning Commission.
f
CE]:TIt'ILD ?~L I,H.;T -
AI'PEAL BY ]!OBI:HT Ho LARRAIiEI,, EE:;,'il BAI'TIST ~I,E FOR CO?;DITIOXAL
USE PERS~IT ;~IT;IIN GE:;EBAL ('O~I~.~ERCIAL 7~}XE - SIIAI)URfl Sb~. T~IA(TF A
ASSESSOR'S PARCEL ~BR.
047-030-0490
047-030-0500
0-17-030-0600
047-030-0700
047-063-013~
047-030-0800
047-063-0200
047-030-0]00
047-063-0300
047-064-0100
047-084-0200
047-064-0315
047-004-0415
047-07]-0100
047-071-1700
047-071~1~00
047-071-0100
047-071-0300
047-071-0409
047-071-1500
o47-o7~-~oo
· ' -' o,~o~3~
" ...". ?7 ... -'...-
..~
Of, N£R'S -r{A.'-,",~ A.~I) ADDttE$£
~;orihcrn Co~,ercial Corp.
lll0 - 3rd Avonu¢,
Seattle. ~ashington 98101
Senn a l~tta
Box 1763
Anchorage, ~ 09510
J~s C. F~ ~ary L, Bookcy, Jr.
~x 514
Russia~ Church
Box 1227
Keaai, AK 99611 -
T. 8tanton ~tlson
301 g Stt~.et - Suite 101
Anchorage, AK 99501
Ntlga Jean Boyer
1245 Ca]it St.
San Francisco, California 94100
Etta L. Garnett
Box 3331
Kenat. ~K 99611
Hary 0sko]
General Del l?ery
Kenai, AK 99611
Orland P. Reese ~ Jos. Alex et al
Genera1 Del l~erF
Kenat, ~ 99615
D. R. Kt~rell
~z 3942
Kenai, ~ 99611
Mildred E. Kirkpatrick et al
1~0 E. 5th Avenue
Anchorage, ~ 99501
R~x ~. I ~. J. {illia
Box 124
~odtak, ~ 99615
~ris L. ~alko~ski et al
ci° ~{ luvest~uts
521 - 3rd Avenue
~chorage, ~
The Lathrop Corp.
~x 1540
Ane~rage, ~ 9~510
CEIt'I'I)'IY.I) .),?.~L 1.i~': ¢~ .... ',
ASSESSOR'S I'AItCI.I,
047-064-0600
04 ?~ 064 - 1000
047-064-0.q00
04 7-064- ! 100
04 7- 0C,4 -0500
Od 7--320-1300
Box 248
Kenat, Al; 9~G11
{l:trnoy ~ !laude Can~on...r.
Box 554
Kenai, AK 09~11
Hary L.
Dra~er
Kenai, AK
John ~ Erma Hu]
1050 f~. ~i~i 3t.
Charles,
Larry ~ })au]o Att]eson
~onera] ~li very
Kenai. AK
Calho]lc Archbishop of Anchora~-(~
Box 555
Kenai, AI~ 99611
Robert H. Larrabee
Kenat Baptist Temple
~x ~905
Kenai, ~ 9961~
City of
~x 580
Kenai, AK 99~11
VICINITY MAP - KENAI BAPTIST TE~PLE
APPEAL FOR CONDITIONAL USE PERS~IT TO
OPERATE A CHURCH AND PRIVATE SCHOOL
WITHIN A GENERAL CO~JRRCIAL DISTRICT
KENAI
CITY OF KENAI, TRACT A, SHADURA SUB.
AND LOTS 1 & 2 .I'IITHIN TRAf.-'T A, ---'-~- .........
October 7, 1976
James A. Elson, Mayor
City of Kenal
P. 0. Box 580
Kenal, Alaska 99611
Dear ~yor El-~on:
Please accept my resignation from the Kenai Advisory
Flanning and Zoning Commission as o~' this date.
It has been my pleasure and prlviledge to serve on
this Commission for the lazb two years. My tenure has been
very interesting and educational.
I would also like to take this opportunity to t~a_nk
the other commissioners for their dedication and expenditume
of time for the betterment of the City of Kenai. I believe
because of their dedication we have accomplished many goals
and have every reason to believe they will continue to do so.
Sincerely yours,
CITY OF KENAI
,,oa 4
MEMORANDUM TO:
DATE:
SUBJECT:
Hon,or.~r & City Council
~'P.. Wise, City~lanaller
October 15, 1976
TIBBETS GARAGE
Om' review of the file indicates that in 1969 in the Minutes of 18 June, the
Council by motion allowed a 8arage and pet shop to continue on these premises
as a non-conformt,~ use. In 1974 on the Srd of July, the Council defeated the
motion to allow a I~ara~e to continue as a non-conforming use on the sited premises.
In 1975 on the 17th of January, memo fi'om the City Atterney to the City Manal~er
recommended that the Manager issue a ~eease and desist ordern relative to the
operation of a garage on the sited premises. On the 14th of Februat'y, the City
Manaller issued a Cease and Desist Order to Mr. Tibbets to ndiscontine the
illellal use immediately~. In'addition, a threat of a fine of $100 a day for non-
compliance was stated. On the 24th of February, 1975, in the letter to Mr. Garnett,
the attorney for Mr. Tibbeta, the City Manal,,er withdrew the threat of a $100 a day
fine for violation of the Cease and Desist Order. On the 27th of February, 1975,
in a letter to M~. Garnett, the o~der of February 14th by the City Manager was'
rescinded. On the 19th of May, 1975, the City Manager informed Mr. Tibbets
that the operation of the garage with a use prohibited under the te~;~-Js of the
Borough Zoning Ordinance for the City of Kenai and was thereby erde~ed to dis-
continue the use of the premises as a garage. However, the letter further wont on
to state Uno _immediate enforcement of this order will be made if timely appeal .is made
to the City of Kenai Planning & Zoning Commission, sitting as the body authorized
to hear such appeals by the Kenai Peninsula Borough Plannin~ Commiseion~ .
On the 27th of May, 1975, a letter from Mr. Gannett, the attorney for Mr. Tibbets,
responded in essence declinin~ to recosviize the City Manager's authority to issue
a Cease and De~ Order for the Borough or any other g~vernmental agency.
SUBJECT: TIBBETS GARAGE
M~I~IORANDUM - Page Two
It is apparent that the manner of the operation of the garage was ch'opped at this
time as no further correspondence indicates any further action being taken by the
City or by the Borough. On the 26th of April, i976, the City was sm'ved with a
commercial-type bill from Tibbets Auto Service, Box 1378, Kenai, Alaska, 99611,
as a statement to the City of Kenai in care of the City Manager requesting payment
fo]~ $1,152.80. Detail indicated on February 23rd and 24th, apparently 1975,
fo~- closure of shop - 2 days at $350 for a total of $700. Attorney fees - $452.80 were
detailed by a copy of the attorney's s~atement for services to Mr. Tfbbets
for a total sum due $I ,152.80. There is no indication of any action by the City
Council on v;hether the bill was, in fact, presented to the City Council at that time.
On October 6, 1976, the City Manager was again presented with an tdentioal bill
fn the identical amount, $I,152.80 which was presented to the Council at the regular
meeting in the evening of the 6th of October.
3W: si:)
Attachment - City Attorney's Opinion
MEMORANDUM TO:
FROM:
DATE:
SUBJECT:
Mr. John E. ~Vise, City Mana6er
Jants C. Williams, City Attorney
October 15, 1976
TIBBETS AUTO BILLING
It is my opinion that the City is not liable for any of the bill submitted by
Tfbbets Auto. Aetuai attorney's fees paid by s defendant in connection
with ~m alle~ed violation of statute or ordtn~ee are not recoverable under
any statute oF at eom_re_on law, regardless of whether the City o~ State
proeeeds with the action or does not proceed, or if it does proceed,
temptress of whether fl is successful o~ unsuccessful in the action. With
re~rd to the claim for loss of business, this presumably is founded in
to~t, either n~fetous prosecution or m_~lf_~us or negligent interference
with l~ospeetive advantage. In t_h_~_~ case, no claim of malice could be proved,
since the point is reasonably arguable. Suits for negligence a~e baered by
the ChA~e~ if notice of intent to sue is not filed with the City Clerk within
The follo~ng are ~ems over $500.00 which need .Counct1 approval or
rattftcat.~on:
To be approved for disbursement: 10-20-76
_ _ VENDOR* /tMOUNTS P.O. DES_. CRIPTION
9,103.91
790.80
800. O0
867O
Peat, Flarwtck & Ftttche11
Yukon Offtce Supply
George Hatranga
ludtt progress
servtce matnt.
nanhole cones
To be rattfted
O.oyle's Fuel Ser.vtce
Fuel deliveries
payment
contract
CITY OF KENAI
ORDINANCE NO. 317-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, CLARIFYING
ORDINANCE 240-?4 AND LIMITING IT AS TO TIME.
WI~R~S, the Council has passed Ordinance 240-?4 providing that deferment of payments
of Special Assessments ma!/be obtained by certain property owners, end
WHB~AS, such ordL. ance has proved difficult to administer and apply without fu~he~
clarification.
NOW, THEP~FORE, BE IT ORDAINED by the Council of the City of Kenai, Alaska, as
follows:
Seation 1: Section 2 of Ordinance 240-74 shall be interpreted as fonows:
a. The Council grants or denies requests for deferment.
b. Deferments are granted only to the owners requesting them and
cannot be passed to their successors in title.
c. Deferments are to be handled in the same manner as provided for
in Ordinance No. 314-76, except that deferment ends automatically on each
individual parcel at the earliest of (1) five (5) years from date of grant;
Date of transfer of title; or (3) Date improvements are connected to water and
sewer.
Section 2: No deferments under Ordinance No. 240-?4 ~ball be granted
after the effective date of this ordinance.
PASSED by the Council of the City of Kenai, this
day of November, 1976.
ATTEST:
JAI~IES A. ELSON, MAYOR
Sue C. Peter, City Clerk
FIRST READING:
SECOND RF. ADING:
EFFECTIVE DATE:
CITY OF KBNAI
ORDINANCE NO. 318-76
AN ORDINANCE OF THE COUNCIL OF Tile CITY OF KENAI, ALASKA, TRANSFBRItFN'G
FUNDS FOR THE PURPOSES OF COMPLETING TILE ANIMAL SHELTER AND DECLARING
AN EMERGENCY.
I~IERF~S, The City of Kenal is currently constructing a facility to shelter im-
pounded animals; end
WHEREAS, the cost of extending electrical power from the City Shop to the Animal
SBe!tar was not included in the construction contract; and
Whereas, this facility cannot be operated without heat and lf~hts, and
WHEREAS, funds received under the Federal Revenue Sharing Act in the amount
of $14,203 have been appropriated in Ordinance No. 303-?$, and
WHEREAS, a t~anofer of $5,?95 was made from Animal Control Contingency in
Ordinance No. 311-76 to the ~mal Shelter, and
I~LERI~AS, additional funds are needed for the completion of the facility, and
WHEREAS, p~ope~ accounting practices require that all transfers between funds
of City monies be made by erdinance.
NOW, THBRBFOBE, BE IT ORDAINI~ by the Council of the City of Kenal as
follows;
Section 1: That the following transfers of monies are hereby made
in order to extend electrical powe~ to the Animal Shelter.
a. The following reductions in estimated revenues and
appropriations in the Ah'port O~I Fund are hereby made:
lnterfund Receipts from General Fund ($1,500)
Rapai~s & _l~_~tenance ($1,500)
ORDINANCE NO. 318-76 - Page Two
b. The fcllowL~, transfers ~, the Gcneral Fund
hereby made:.
From:
Non-departmental transfers to Airport O~vl
· To:
Non~departmental transfer to Capital Projects
((;1,5oo)
$1,500
c. The following increases in estimated revenues and approp~ons
in the Capital Projects Fund are hereby made:
Estimated Revenues - lnterfund Receipts
Appropriations- Animal Shelter
$1,500
$1,500
Section 2: That an emergency is hereby declared to exist, and on the
Judgment of this Council it is necessary for the fmmediate preservation of public
peace, health or safety that this ordinance become effective p~loF to the time when
an ordinary ordinance shall become effective. The rules governing the introduction
readfng, passage and approval of this ordinance are hereby suspended, and this
ordinance shall become effective immediately upon its passage, approval and publi-
cation as reqtured by the City Charter.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA,
O~obm', 1976.
day
ATTEST:
JAMBS A. ELSON, MAYOR
Sue C. Peter, City Clerk
FIRST READING:
SECOND READING:
EIq~CTIVE DATE:
CITY OF KENA]
ORDINANCE NO. 319-76
AN ORDINANCE OF THE COUNCZL OF THE CZTY OF KENA], ALASKA
INCREASING EST]MATED REVENUES AND APPROPRIATIONS ZN THE AMOUNT
OF $36,533 UNDER THE BUDGETARY GUZDEL]NE ENTITLED "TITLE
NUTRZT]ON PROGRAM" IN A SPEC]AL REVENUE FUND.
WHEREAS, Resolution 76-53 authorized the Ctty Manager to apply
for a sub-grant ~vtth the Salvation Army-Anchorage for montes
to Implement a Titl'e VZ] Nutrition Program, and
WHEREAS, the Ctty.has applled for funds under Title
Nutrition Program, and
WHEREAS, the Salvation Army-Anchorage has approved this request.
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of
Kenat, Alaska, that a Special Revenue Fund be established to
reflect the following increases in estimated revenues and
appropriations:
REVENUES:
Tttle VII Nutrition Program
Rental Income, tn ktnd contribution
Heal Changes
$30,929
4,104
1,500
'EXPENDITURES:
Offtce suppltes !,150
Supplles - raw food 10,000
Professional services 15,833
Transportatt on 120
Advertising 226
Insurance 1,000
Ut111 ties 300
Rent 4,104
Equipment 3,800
PASSED BY THE COUNCIL OF THE CITY OF KENAZ, ALASKA THIS
day of , 1976.
CITY OF KENA]
ATTEST:
Sue C. Peter, Ctty Clerk
Llames A. 'Elson, Mayor
FIRST READING
SECOND READING'
EFFECTIVE DATE'
CITY OF KENAI
RESOLUTION NO. 76-61
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
AUTHORIZING THE ACCEPTANCE OF FUNDS FOR TITLE VI! NUTRZTION
PROGRAH, AND AUTHORZZING THE CITY HANASER TO ENTER INTO
AGREEHENTS FOR IMPLEMENTATION OF THE NUTRITION PROGRAm.
WHEREAS, Resolution 76-53 authorized the Ctty ~anager to apply
for a sub-grant ~tth the Salvation Army-Anchorage for montes
to 1mplement a Tttle VZ! Nutrition Program, and
WHEREAS, the City has applied for funds under Tttle VI!
Nutrition Program, and
WHEREAS, the Salvation Army-Anchorage has approved this request.
NOg, THEREFORE, BE IT RESOLVED by the Council of the Ctty of
Kenat, Alaska that:
The Ct ty Hanager ts hereby authorized to accept
the montes available from the Salvation Army-
Anchorage for the Tttle VII Nutrition Program
and enter tnto the necessary agreements for
Implementation of the program.
PASSED by the Council of the Ctty of Kenat, Alaska, thts
day of , 1976.
ATTEST:
OAHES'A. ELSON, HAYO~
SUE C. PETER. CITY CLERK
III I I I ....
AGREE~4ENT
This agreement is made~ this 20th. day of October , , , 1976, by and
between the S~Iv&tton A.~m~, a corporation organ~;cd and cx;.stin9 under the
law of the State of California, with principal offices at 101 Valencia St.,
San Francisco, California, and ~ith 1ts state offices at 135 East Eighth
Ave., Anchorage, Alaska, hereinafter designated as the Project Ofrector,
and the City of Kenat, a municipality, havtn9 its offices at Box 580,
Kenat, Alaska, hereinafter designated as the City.
RECITALS
The Project Director has been awarded a contract, No. 70274053 by
the State of Alaska Offtce on Agtng to provide low-income older Americans
nutritionally sound meals for ~e period of ~luly 1 , 1976
to ~lune 30 , 1977, (the State Contract).
The Project Director destres that the Ctty furntsh hot meals to the
elderly tn the Kenat, Alaska area, conforming to the nutritional requirements
of the State Contract and the Ctty desires to furnish such meals tn accordance
~th Tttle VI! of the '01der Americans Act of 1965, as amended, the program
regulations and directives thereto, federal and state laws, and the State
Monual of Pollctes and Procedures: Standards for Individual Project
Operations, all of whtch are or may be operative during the term of thts
contract.
The approved Project Director's Grant Application which is on file with
the State is hereby incorporated by reference and is made part of this
agreement.
NO~, THEREFORE, in consideration of the mutual promtses set forth below,
tt ts hereby agreed:
1. The Ctty agrees to furntsh durtng the tern of thts contract, luncheon
meals for an average of 25 persons per day, ftve days each week, Monday through
Frtday, for an annual amount not to exceed $ 30~929 , from the Project
Director, plus 10~; in-kind contribution by the Ctty. Such meals wtll conform
to the Nutritional Standards of the Manual of Poltctes and Procedures for the
Nattonal Nutrition Program for the Elderly, a copy of which ts attached
hereto and incorporated by reference. ~/fthout limtttng the foregoing such
meal ~11 tnclude entree, stde dishes, dessert, beverages (Including Juice
and mtlk), bread, and miscellaneous items such as condiments, sauces, sugar,
salt and pepper, necessary to complete a hot meal.
The Ctty shall tnform the Project Director of the number of meals
that have been prepared tn a weekly report as stipulated by the Pro;iect
Director.
........ II II 1 I I I I
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2. Terms: t~hen approved, this agreement shall be effective as of
December 1 , 1976 and shall continue until dune 30
~977 unless s~oner terminated ,-$ pre,.'fd~d in par~grp~h !!
The City shall account for and maintain all funds received under
the terms of this agreenent separate from any other funds administered by
the City. The City shall expend all funds recetved hereunder in accordance
with this agreement.
Upon termination or expiration of this agreement the City shall return
to the Project 01rector Immediately upon ~rttten demand any unencumbered funds,
unearned funds, or any equipment purchased with funds provided under this
agreement wtth the Project Director.
3. The Project Otrector~11 pay to the City on a monthly basis following
billing received from the City, except that the Project Director shall not
be obligated to pay for any meal or other food which does not meet the
prescribed requirements. The City must provide a categorical breakdown of
meat group, mtlk group, other raw foods, and labor costs at the time of
btlling.
4. The Ctty shall comply wtth all Federal,State and Local laws and
regulations governing the preparing, handllng and transporting of food;
shall procure and keep in effect all necessary licenses, permits, and food
handler's cards as are required by law; and shall post such 11cerise, permits,
and cards tn a prominent place wtthtn the meal preparation area, as required.
It shall cemply wtth all applicable Federal ,State and local laws and regula-
tions pertaining tow ages and hours of employment and as set forth tn the
personnel pollctes and procedures of the Project Director.
The Ctty shall have no authority to contract for or on behalf of,
or tncur obligations on behalf of, the State of Alaska or the Project
01rector.
5. The Project Dtrector shall have the rtght and authority:
a. To inspect such food to determine compliance with the specifi- cations and to reject food not meettng such specifications.
b. To have access to the Ctty's purchase records beartng upon
the food purchased, for review and audit.
c. To supply and/or approve the menus and recipes for meals
and other food to be delivered and served, so as to tnsure
compliance with the Department of Health, Education and
Welfare meal-type requirements, and to wtthhold payment for
meals not meeting prescribed requirements.
d. To tnspect at any time the Ctty's food preparation, packaging,
and storage areas and the food containers to determine the
adequacy of the City's cleaning, sanitation, and maintenance
practices.
-3-
ee
To determine the adequacy of the City's storage and record-
keeping practices so as to insure the safekeeping of all
food, Includin§ the food donated to the,.,,..,"+" for uso ~,n the
Project by the U.S. Department of Agriculture, and in
connection therewith to have ready access to the related
food inventory control records of the City.
6. All records of the City bearing upon food purchases, storage and
preparation dtrectly related to the meals delivered or served under this
Agreement, Including the records on receipt, storage and use of Government
doanted coneedtttes, shall be made available to the Project Otrector upon
request. The Project Director or State Agency and the State distributing
agency representatives, and the auditors of the Oepartment of Health,
Education, and ~/elfare and the U.S. General Accounting Office, upon request,'
shall have access to all such records for audit or review at a reasonable
t~e and place. Such records shall be ma~ntaine~ for three years if the
Project Director has been subJect to audit and five years if it has not.
7. The City shall Indemnify the Project Otrector agatnst a~ny loss or
damage (Including attorney's fees and other costs of litigation) caused
by the Ctty's negligent act or omission, theft by its employees, or the
negligent acts or omissions of its agent.s or employees. The City shall
defend any suit agatnst the Project 01rector or its agents or employees
a11egtng personal tnJury, sickness or dtsease arising out of the consump-
tion of the meals or other food delivered or served by the City. It shall
=atntatn adequate 11ability insurance covering such suits and provide proof
of such coverage upon request of the Project Director.
The City shall promptly notify the Project Otrector of any claims
against the Project Otrector or the Ctty and in the event of a suit being
ftled, shall promptly forward to the Project 01rector all papers tn connec-
tion theradth. The Ctty shall not incur any expense or make any settle-
rant without the Project Otrector's consent. However, tf the City refuses
or neglects to defend any such suit, the Project Otrector may defend, adjust,
or settle any-such clatm, and the costs of such defense, adjustment or
settl__a~e.~nt, Including reasonable attorney's feed, shall be charged to the
c~ty.
The Ctty shall comply with all Department of Health, Education and
Welfare regulations promulgated pursuant to Title VI of the Ctvtl Rights
Act of lgM. As indication of hts intent to comply, the City shall complete
and stgn an Assurance of Compliance with such regulations (AoA-441), which
form, when completed and signed by the Ctty, shall be attached hereto and
Incorporated herein by reference.
The State, through the Project Director, shall retain title to all
capital asset equipment, which ts purchased wholly or tn part with ?tile W!
funds. At termination or completion of the program, the City shall dispose
ot~ satd equipment tn accordance with Federal and State procedures. !f the
equipment ts to conttnue to be used to further the purpose of the 01der
knertcans Act, 'tttle to said equipment may be relinquished to the Ctty upon
wrttten approval by State of a request by Project Otrector to transfer owner-
shtp of the equipment to the City.
-4-
8. Thts Agreement constitutes the enttre agreement bet~men the Ctty and
the Pro.1ect l~.rector w~th re;peet t~ the subject matter hereof and there
are no other or further written or oral understanding or agreements wtth
respect hereto. No variation or modification of thts agreement, and no
waiver of its provisions shall be valid unless tn writing and signed by the
duly authorized representatives of the parties. No assignment or transfer
of thts agreement may be made, tn whole or tn part, ~tthout the .~rftten
consent of the Project 01rector betng ¢trst obtained.
g. Thts agreement ts subject to approval by the State of Alaska Office
on Aging, and tt shall be submitted to such agency for approval. The parttes
agree to execute such addenda or modifications tf any, as may be requtred by
such agency.
10. The Ctty and 1ts employees and agents, tn the performance of this
agreement, shall act tn an Independent capacity and not as employees or
agents of the Project Otrector.
l:~. Etther party may at any ttme during the life of the agreement or
any extension thereof temtnate thts agreement by gtvtn§ thtrty (30) days
nottce tn ~rtttng to the other party of 1ts intention to do so, and the
Project Otrector may terminate thts agreement wtth respect to the dellvery
and servtng of meals, tf tn 1ts ~ludgment the terms and conditions hereof
are not fully complied wtth by the City, or tf Cundtng ts discontinued, by
gtvtng twenty (20) bustness days notice tn ~rtttng of 1ts Intention to do so.
· All notices to the Pro;lect Dtrector shall be addressed to tt-at 135 East
Etghth Avenue, Anchorage, Alaska, and all nottces to the Ctty shall be
addressed to tt at Box 580, Kenat, Alaska.
11t WlTHESS I~IEREOF, the parties hereto have caused thts agreement to be
by thetr duly authorized officers the day and year ftrst above
signed,
wttten.
THE SALVATXON AIU4Y, a California Corp.,
President'
1tie CITY OF KENAI, a municipality,
City Manager'
Secretary'
I~ate
APPROVED .BY THE STATE AGENCY
Name
Title
Oate
AGREEMENT
This agreement is made thts2Oth, day of October 1976 by and
between the City of Kenai, a munt~T~ality, with ~tS Offices ~t Box 580,
Kenai, Alaska, hereinaftcr designated as the City,
and, the Salvation Army, a corporation organized and existing under
the law of the State of California with principal offices as 101 Valencia
Street, San Francisco, California, and with its local office at Box 1)2Q..,
Kenat, Alaska, hereinafter designated as the Site Manager.
RECITALS
The Ctty has contracted with'the Salvation Army, Anchorage (who has
contracted with the State of Alaska Office on Aging) to provide certain lo~-
income older Americans nutritionally sound meals for the period .July I ..,
1976 to June 30 , 1977.
The City desires to obtain the services of a Site ltanager to supervise
the operations of.the Nutrition Program.
NOW, THEREFORE, in consideration of the mutual promises set forth below,
it is hereby agreed:
1. StteManager will obtain all food. Site Manager will be furnished
a shopping list two weeks in advance of when the food will be required, so
that food donations and U.S. Government comodtttes can be obtained to reduce
the costs tot he Program.
2. StteManager will fill out weekly reports to the City to be forwarded
to the Salvation Army, Anchorage, on the number of meals served, and any other
statistical data required by them pertaining to the Nutrition Program.
3. The Ctty wt11 furnish Salvation Army, Anchorage, with any financial
reports required by them pertaining to the Nutrition Program.
4. The Stte~nager will account for and inventory the food.
a®
Food Purchases: Site Manager will fill out a purchase requisition
fuFnished"tO~'tm by the City, with all items priced. The City will
then issue a Purchase Order to be given to vendors.
be
Food Donations: Site Manager will obtain a dollar value for all
donatton~ received, and will notify the City, in writing, of the
quantity, type, and dollar value of donations received within 24
hours of receiving such donation. Site Manager shall record all
such donations tmedtately in the inventory control records
described in Paragraph4d.
I I I
-2-
c. U.S. Government commodity donations: Site ~lanager will request
from Salvat'ibn A'rm~y', Anchorage, quantities of available commodities.
Site Manager will notify the City, tn ~ting, of the quantity,
type, and dollar value (if possible) of coueodittes received
wtthtn 24 hours of receiving such commodities. Site Manager shall
record all such conunodfttes immediately tn the inventory control
records described tn Paragraph 4d.
d. Food Inventory Control Records: Site 14anager shall set up and
maintain Inventory control records of all foods purchased and
used, tn accordance wtth the requtrements of the Salvation Army,
Anchorage, and of the State Office on Aging. The City has the
rtght to tnspect the tnventory records at any reasonable time.
e. lYlsposttton of Excess Food: Site Manager wt11 handle the
disposition of excess pert's'hable left-over food.
recommended that the excess perishable food be used by the
target group of the Federal Grant whtch
tncome older amertcans, l~tthtn this gutdeltne, this mtter
wtll be left up to the dtscretton of the Stte Manager.
5. Stte Manager will supervise all clean-up, sanitation and matntenance.
Stte Manager will. obtain volunteers (including participants tn the Program)
to clear tables, fold and stack charts, and to wash dishes and utenstls. Stte
~nager wtll tnform the Ctty tn wrtttng of any necessary maintenance to the
butldtng or Improvements.
6. Stte ~nager shall oversee the meal preparatton to tnsure that. nutri-
tional meals are prepared tn accordance wtth menus and recetpes furntshed by
the Salvatton Army, Anchorage. Site ~nager shall collect time records from
the Cook, Cook's Helper, and Ortver on a weekly basls, and submft them wtth
a requisition authertztng the Ctty to make payment. Stte Planager shall also
submtt to the Ctty hts own ttme records, wtth a separate requisition. All
requisitions shall be submitted by the ftrst of each month, and payment shall
be made by the Ctty be the tenth of each month.
7. Stte ~nager wtll perform these servtces tn approximately two (2)
hours per day, or not more than then (10) hours per. week, and shall be com-
pensated tn accordance wtth the Ctty's Pay Plan described tn Paragraph 8.
8. The Ctty wtll classtfty the posttfon of Stte ~nager as Range 3 Step B
and shall compensate the Stte 14anager at the scheduled rate for that position,
plus an amount for beneftts that the Ctty would pay tts employee: Soctal
Securtty 5.85~ and Vacation/Sick leave 8~. An hourly rate composed of the
stun of the rate schedule and an amount for the stated beneftts shall be the
rate at whtch the Stte ~nager ts compensated. The Ctty shall obtatn and
pay for I~orkmen's Compensation Insurance for the Stte ~nager.
9. Terms: lihen approved, thts agreement shall be effective as of December
1, 1976 and shall conttnue until Oune 30, 1977. unless sooner terminated as
provtded tn Paragraph 10.
-3-
10. Etther party my at any time during the 11re of the agreement or any
extension thereof terminate this agreement by gtvtng two weeks notice in
~rtttng to the other party of 1ts Intention to do so. If the Site Manager
fatls to adhere to any provisions of thts agree~nt, the City will so infom
the Site Manager in wrttlng. '[he Site Hanager shali have ~ hours tu reSpu~)d
to the written notice and to correct such failures.
IN WITNESS ~EREOF, the parties hereto have caused this agreement to be
signed by thetr duly authorized officers the day and year ftrst above written.
CITY OF KENAI, a f4untctpallty
SALVATXOX ARMY, a California Corp.
John Wtse, Ctty Manager
President
Secr-e~ry
AGREEMENT
This agreement is made this 20th. day of October., ]976, by and between
the City of Kenat, a mntctpaltty,----~--w--fth its offices at Box 580, Kenat, Alaska,
here/nafber de~i9nate~ as the CiL~
and, the Kenat Branch of the Church of Jesus Christ of Latter-day Saints,
with its offices at Box 3279, Kenat, Alaska, hereinafter designated as the
Church Group.
RECITALS
The Ctty has contracted with the Salvation Army~ Anchorage, (who has
contracted with the State of Alaska Office on Aging) to provide certain
tncom older Americans nutritionally sound meals for the period ~ J~ly 1
1976 to June 30 , 1977.
The City desires to obtain the services of a Cook, Cook's Helper, and a
Driver to implement the NutrtUonal Program.
The Church Group has expressed the desire to render the above services in
order to raise funds for their group.
NOLO, THEREFORE, in consideration of the mutual promises set forth below, it
hereby agreed:
1. The Church Group will furnish the services of Cook, Cook's Helper, and
Driver for five days each week, ~onday_through Friday.
a. The Cook wtll work four (4) hours per day.
b. The Cook's Helper will work two (2) hours per day.
c. The Driver will work two (2) hours per day.
Time records will be kept by each person on a daily basis, and submitted to the
Stte Panager on a weekly basis.
2. The Cook, Cook's Helper and OPtver will be supervised by the Site
14anager, and will be responsive to his direction.
3. The Church Group will prepare shopping 11sis from the menus and rectpes
provtded to them by the City. Shopping 11sis will be broken down by:
a. items to be obtatned on a daily basis
b. 1rem to be obtatned on a weekly basis
c. 1rem to be obtained on a monthly basis
Shopptng ltsts will be turned in to the Site Manager t~o (2) weeks prior to the
ttme pertod covered by the ltsts, tn order that the Site Hanagermay have
sufficient time t O obtain the food.
4. The Cook and Cook's Helper shall prepare the meals on a datly basis,
according to the menus and recipes furnished to them by the City.
5. Term: When approved, this agreement shall be effective as of December
1, 1976 and shall continue until June 30, 1977, unless sooner terminated as
provided in paragraph 10.
-2-
6. The Church Group shall verify and furnish proof in writing to the City
that any person fulfilling the duties of Cook or Cook's Helper has had a TB
test and can meet the requirements of the Department of Environmental Health.
?. 1he Church Group shall verify that any person fulfilling the duties
of Driver shall have in hts or her possession a valid Alaska driver's ltcense.
8. The Driver shall obtain a list of persons to be transported to the
Senior Center and home again from the Site Manager. The Driver shall arrange
transportation for said persons so that they will arrive at the Senior Center
at noom (12:00 p.m.) and so that they will be returned to their homes after
1:00 p.m.
9. The City shall compensate the Church Group for the services rendered
in accordance with the City's Pay Plan. The City-shall compensate at the
scheduled rate for each position, plus an amount for the following stated
benefits that the City would pay its employee: Social Security 5.85% and
Vacation/Sick leave 89. An hourly rate composed of the sum of the scheduled
rate and an amount for the stated benefits shall be the rate at which these
positions are compensated. The City shall obtain and p. ay the premium for
Vorkmen's Compensation insurance coverage for the Church Group.
a. The Driver position shall be classified by the City at
Range 2 Step B.
b. The Cook position shall be classified by the City at
Range 2 Step B.
c. The Cook's Helper position shall be classified by the City
at Range I Step B.
10. Either party may at any time durtng the 11re of the agreement or any
extension thereof terminate this agreement by giving two weeks notice in
wrtttng to the other party of its intention to do so. If the Church Group
fatls to adhere to any provisions of this agreement, the City will so inform
the Church Group tn wrtttng. The Church Group shall have 48 hours to respond
to the written aottce and to correct such failures.
IN VITIIESS t~IEREOF, the parties hereto have caused this agreement to be
signed by their duly authorized officers the day and year first above written.
CITY OF KEI~AI
KENAI BRANCH, CHURCH OF JESUS CHRIST
OF LATTER-DAY SAINTS
aOhn Idtse, City 14anager
Richard Cartwright, President
CITY OF KENAI
RESOLUTION NO. ?6-55
WI~RF~S, the State of Alaska, Department of Highways, has agreed to reim-
burse the City of Kenai for distribution power costs of street lights on the
Kenai Spu~ Highway designated as safety illuminators, and
WHEREAS, the City to obtain such reimbursement must agree to maintain
said lights in a working order from the base up, and
WHERI~AS, such agreement is deemed to be to the best interests of the City
and will per~tt to receive approximately $9., 000 annually and retroactively
approxhnately $5,800 for prior years.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai, Alaska
that the City Manager is hereby authorized to enter into said MAintenance Agree-
ment with the State of Alaska, Depa~'lment of Highways.
Passed this 20th day of October, 1976.
ATTEST:
JAM~S A. BLSON, MAYOR
Sue C. Peter, City Clerk
CITY OF KENAI
RRSOLUTION NO. 78-56
WH~ItF~S, the Congress of the United States has adopted and appropriated
funds and the President of the United States has signed the appropriation
net, namely; the Local Public Works Capital Development and Investment Act
of 1976, and
WHEREAS, the State of Alaska has been allocated funds under provisions of
this Act for local public works, and
WHERgAS, the Cily of Kenai is eligible for 100 percent funding of projects under
this act, and
WHI~REAS, the City of Kenat has a Water Improvement Project of which only
part of the project could be funded and a major phase of that project, namely
the Closed Storat~e Water Reservoir, had to be deleted due to cost overlain.
NOW, TItBREFORB, BE IT RI~SOLVBD by the Council of the City of Kenai that
the City Manager be hereby authorized to apply for 100% fundin~ in the ar~ount
of $1,399,420 for the eonstruoflon of the seve~ly needod Water Reser-voh. phase
of the Keno~t Water Improvement Proje~. t as authorized by the Local Public Works
Capital Development and Investment Act of 1976.
PASSBD by the Coune~ of the City of Kenai, Alaska, this goth day of Oetober, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Clerk
CITY OF KENAI
Ri~$OLUTION NO. ?6-57
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA,
RECOMMENDING THAT CERTAIN PROPERTY IN THE VICINITY OF THE
I(~AI SPUR HIGHIVAY AND BEAVERLOOP ROAD BE REZONED FROM
SUBURBAN RESIDENTIAL TO GENERAL COMMERCIAL.
WItEREAS, the City of Kenai Advisory Planning & Zoning Commission
has recommended resorting a certain tract (map attached) from
Subm. ban Residential to General Comme~'eial, and
I~dERF. AS, the Kenai City Council must concur and recommend
such change to the Kenai Peninsula Borough Assembly who has the
ultimate authority in zoning matters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai
that the Council does concur in the recommended rezoning and urge its
app,,oval by the Assembly of the Kenai Peninsula Borough. Copy of
Planning and Zoning Commission's Resolution No. PZ 76-3 is attached
and incorporated herein by reference.
PASSED BY TIlE COUNCIL OF THE CITY OF KBNAI, ALASKA, this 20th
day of October, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Pete~, City Clerk
CITY OF KENAI
RESOLUTION NO. PZ 76-3
A RESOLUTION OF THE ADVISORY PLANNING AND ZONING COMMISSION OF
THE CITY OF KENAI RECOMMENDING THAT CERTAIN PROPERTY IN THE
VICINITY OF THE KENAI SPUR HIG~'~AY AND BEAVERLOOP ROAD BE REZONED
FROM SUBURBAN RESIDENTIAL TO GENE]~L COMMERCIAL.
WHEREAS, there is a shortage of commercial property near the
downtown area of Kenai, and
WBEREAS, the property in the vicinity of the Kenai Spur Highway
and Beaverloop Road, wh/ch is currently zoned suburban residential,
would be prime commercial property, and
WHEREAS, this property is not well suited for residential develop-
merit, and
WHEREAS, property adjacent to this is being used for commercial
purposes, and
W~EREAS, this property is a logical extension of the present
conmercial development of Kenai, and
WBEREAS, there is interest in development of this property for
commercial purposes.
NOW, THEREFORE, BE IT RESOLVED by the Advisory Planning and
Zoning Commission of the City of Kenai, Alaska, that it is hereby
recommended that the certain property in the vicinity of the
Kenai Spur Highway and Beaverloop Road, more particularly
located by-the map which is attached hereto and incorporated
herein by reference, be rezoned to general commercial.
P~SSEDby the Advisory Planning and Zoning Commission of the
City of Kena£, Alaska, this 13th day of October, 1976.
ATTEST~
~lenaHorton, Plannlng Secretary
i.l
oO
.f..
CITY OF KBNAI
RESOLUTION NO.
WItBREAS, the City of Kenai Advisory Planning and Zoning
Commission has recommended by resolution that the old Library
Building and lands be released from dedication to public use, and
lV~IBRF~S, such release from dedication must be considered st a
public heerfl~g.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai that: '
A Public Hearing shall be held on Wednesday, November I?.
1976, at the regular meeting of the Kenat City Council, to
determine the public's desire as to future use of the
WOld Kenat Library Building and Lands~.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, this 20th day of
October, 1976.
ATTEST:
JAMES A. ELSON, MAYOR
Sue C. Peter, City Clerk
CITY OF KENAI
RESOLUTION NO. 76-59
A RIISOLUTION OF TI~ COUNCIL OF TI!I~ CITY OF KF. NAI ACCEPTING LOCAL
SERVICE ROADS AND TRAILS PROGRAM FUNDS IN THE AMOUNT OF $70,287.00
FOR THE YBARS 1977, 1978 and 1979.
WHRRF~S, it is necessary to have a plan approved for Local Sel'viee Roads and
Trails, and
WHI~REAS, the City wishes to use such funds to accomplish ~ravel surfi~in~ of
City streets and to pave Forest Drive Extended, and
WHERF~S, to meet the deadline prescribed, a plan was presented to the State
by the City Administration.
NOW, THBRRFORR, BE IT RI~SOLVRD by the Council of the City of Kenai, Alaska,
that the Council of the City of Kenai hereby confirms the action of the City
Administration and accepts $70,287.00 in Local Service Roads and Trails monies
and hereby directs that such monies bo used in acco~.dance with the plan attached
hereto as aAppendix Aw.
PASSED by the Council of the City of Kenai, A!~ska, thio
October, 1976.
dayo~
ATTEST:
JAMES A. RI, SON, MAYOR
Sue C. Peter, City Clel'k
._ I
l~m¢ of Rou~e:
T~mlni: From To Len:.ath of Project_
(I~CLIJD~'. :;,A~ SHOI'.'ING PROJECT LIMITS}
Typ-" of $crvk: lo be provldrd: Gravel surfacln? of existin~ C_~
· .~C..,.;.
Sand base with little t9 no Graveled surface~
l~oposcd Facii'::y: Graveled streets
~*L~llt S.%'stcnl: : ~and to. Sand - qravel street~o, of p:~o.$ s~v~:2'000
~fiOn of ,~tcr~h so.roes: Local Gravel Pits (privately o:.;n~)
- 3,000 .
' ~tirruate'.l Cos'.s
· P.H. ' RI%V ' Co.,t~u;:~on llc.':.tnccri&~. Total
· Existing $23,429.00 ' '0- $23,429.00
'Type of.R!W to be acqu~rtnl: none
Name of Hcad of Local Govcrnm:nt: 3ohn Wise
Rc~mrks (pos~,,:~cou:t.~ofd:!ay. e.~. Rf,~'.la.d c::ims, nmte~hl~, etc.)
no delays a~ticipated at this time
Construction ~i:c Access:
Kenai F-,ur E!.- ....... : City streets ..........
,Vd
.. John Wise
_ _ Citv_~anaaer
--- -
~ct: :: Centra~ -":l ~3fi~c of P, oute:
Tc;snln|: From To _ l~ngth 0r I%0jcc!
(If~CI;JDE ~U~P $IIOh'!NG FROJECT LIMITS)
Typ." of s.~rvk: lo be pro%i-~d: Asph. olt pavino - (Forest Drive Extended)
inches of 1 1/2 inch minus for sub-base;
paved street
q, raveled INo. of p~0ns' $c~vcd:ap~ro, x. 600
, . Arctic Asphalt Company - Soldotna, Alaska . ,, ,
· Estimate-.l Costs . "'-
P. '~. glW . ' Con;i:-d,'t;on Er.':.;nccri,~. Total
· ~xist~ $42,172.20 -$4,685.80 $46,858.'00
o
Type of.. R/W to be.-',cqu;rc'd: . . n,o..ne
Name of H~d of 'Local Govcrnm:nt: John Wise
Rel~mrks (possFol¢ c. auWs ofd~hy, e.g..r:~,., h,d cf:ires, m.~ter. Lals. etc.) '
No d~ia'Ms anticipated at this time
Construction $i:o Acccs$: ...
K,en, ai SFur ~.i~,hway and
,Clty,, s,tree t s
· '
John lqise ....
___ C. i~t~y__ Nanager
t
LOCAL SERVICE RO,tl}'~ ~.'I~ TD,'~tL
· THREE YEAR
Gravel. ~ur~a~icq of existing .............
C~.tY Streets .
CITY OF
RESOLUTION NO. 76-60
A ,",~OLUT!O~ OF TH~. ~OU~.~U. t~F THE CITY OF I~A!: ALA.qlfA, Tt~
RAISE ORDINANCE NO. 310-76, WAN ORDINANCF. flF THE COUNCIL OF THE.
CITY OF RENAl REVISING THE SCHI~J3ULE OF RATES FOR USI~RS CONNE~TE~)
TO CITY WATER AND SEWI~R SYSTEMS~, FROM THE TABLE. AND SETTING A
TiME FOR A SECOND READING AND PUBLIC HEARING.
WHEREAS, the C~y Council, City of Kenai, at the request of the City administration
tabled Ordinance No. 310-76, revising the schedule of rates for users connected
to City Water and Sewer Systems, and
WHBI~IL~S, the City administration is now prepared to present revised ~tes, and
WHBREAS, to provide Jn accordance with law a public hearing to enable the
public to be heard.
NOW, 111BRl~FORE, BI~. IT RESOLVED BY THE COUNCIL OF TH~ CITY OF KENAI
that Ore,ce No. 310-76, a~ or~ of ~e C~n~ of ~e ~ of Ken~
re~g ~e ~h~e of rates ~r users ~nn~ ~ ~ Water ~d S~er Sy~s~,
~ h~eby r~sed ~m ~e ~ble ~d ~~ ~r s~nd r~g ~d pub~
h~g on N~emb~ 3, 1976.
PASSBD BY THE COUNCIL O1~ THE CITY OF I~NAI th_~_~ 20th day of October, 1976.
ATTEST:
JAMBS A. ELSON, 1VIAYOIt
Sue C. Peter, City Clerk
CITY OF KENAI
RESOLUTION NO. 76-63
A RBSOLUTION OF THE COUNCIL OF THE CITY OF KBNAI AUTHORIZING
CHANGE ORDER #1 TO THE EDA WATER WELL/TRANSMISSION LINE CON-
STRUCTION PROJECT
°o
WHEREAS, the initial design of the transmission line phase of the well/transmission
line project called for a 60 foot pass- through easing for the eroasinl~ of the Kenat
Spttr Highway, and
WHEREAS, the State of Alaska has required a 120 foot pass-through casing to meet
futttre, contemplated road wideniog of the Kenai Spur l~ighway.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenat, Alaska
that the City Admt_n_~_~trater is authorized to execute Change Order #1 in the
mount of $12,000 to enable compl!~_nee with requirements of the State of Alaska,
Department of Highways.
AND BE IT RESOLVED that the City Administrator is directed to request approval
of said Change Order #1 by the Economic Development Administration end that the
~-eong. mio Development Administration authorize said $12,500 be re~!l_m~ated
from Contingency to Construction.
PASSED by the Council of the City of Kenat, this 20th day of October, 1976.
ATTEST:
JAMES A. El,SON, MAYOR
Sue C. Peter, City Clerk
dated
Lease recorded
CITY OF KF. NA!
CONSENT 3'0 SUBI,EASE OR ASSIC, N)ftiHT
The (Assignment of Lease) from Cerald I.. llasson and/or
Alexis ~agson
National Bank o'f Alaska'
Lot 2, in Block 2, of the General Aviation Apron No. 1, in the City
of Kenai, according to Plat 73-68, filed in the Kenat Recording
District, Third Judicia! District, State of Alaska.
Is hereby ACKNOI~LEDGED'AND APFRO%~D, subject to the same terms
and conditions as contained in the original Lease above dea~'ribed.
This Consent is given by the City of l/enai without waiving any
right or action, o~ releasinE the lssiE~or from any liabtl£ty or responsibility
under the aforementioned Lease, and does not relieve the Assignee from the
cbndition requiring City approval for any subsequent sublease or assigmnent.
CITY
$~ATE OF ALASKA
~ JI~ICIAL DI~TRICf
On this day of , 1976, before me
personally appeared ' , knoum to be the person
who executed the above instrument, and ackno~led~ed that he (she) had the
authority to si~n, for the puzposes s~ated therein.
NOTARY P~BLIC FOR ALAS¥,A
~yCom~ission Expires:
ASSICNMEgT OF LEASE
GERALD L. ~!ASSON and ALEXIS ~IASSON, of Box 3689, Kenai, Alaska,
hereinafter referred to as the Assignors, for TEN DOLLARS and other valuable
consideration, do'hereby assign and transfer to NATIONAL B~K OF ALASKA, of
Anchorage, Alaska, hereinafter referred to as tile Assignee, all of their
interest in the following described lea~e for the purpose of collateral,
~ith t~e City of genai as Lessor:
DATED:
Lot 2, in Block 2, of the Cenerai Aviation Apron No. 1, in the City
of Kenai, acccrrding to Plat 73-68, filed in the Kenai Recording
District, Third Judicial District, State of Alaska.
ASSICNORS:
GERALD L. blASSON
ALEXIS I~ASSON
STATE OF ALASgA )
TiIII1D JLIDI~IAL DISTRICT )
Tills IS TO CERTII"/ that on this day of ,
1976, before me, the undersigned, a Notary Public for and in Alaska, duly
commissioned, and s~orn as such, personally appeared CERALD L. I.IASSO~ and
ALEXIS I.IAS$ON, to me known and known.to me to be the individ~als na~ed in and
~ho e~ecuted the foregoing instrument and they acknowledged to me that they
signed the sa£d inst~mnent for the uses and purposes therein raentioned.
IN I.FITNRSS }~EPd~OF, I have hereunto set my hand and official seal
the day and yea~ above ~itten,
Notary Public in and for.Alaska
~y Commission Expires:_.__
· I I III ~
5
CITY MANAGER*S REPORT #3
October 15, 1976
ADMINISTRATION & FINANCE
Kenat Property Owne~*s Association
A resolution has been prepared and is on the agenda to set a date for public hearin~
for reassassment that the Council so directed following the Executive Session at
the last meeting. It should be noted here that the time-frame identified in the
resolution has to provide for a letter notification to each effected property owner.
This is why the hearing is set for December 1, 1976.
Ai o t Study
We expect to receive f~om our consultants the proposed ~ant application and design
study early this week on or about the 19th or the 20th. It will be distributed to the
Airport Advisory Commission for their review and comments and following their
L'fl_t~! review, we will have a meettr~ to discuss the proposal. In the event, it is
felt that additional input is desh'ed f~om the consultants, we will ask one or more of
the eonsultanta to come to the City to disouas it with us.
.S...e~o~. Citizen's Nutritional Pro,,ram
We have received word that the ~.ant application for the Nutritional lh.o~am ha~
been approved. We have on the agenda a resolution authorizing the acceptance of
the I~ant and authortz~ the negotiation of eonh'acts for implementation of the grant.
Additionally, we have an ordinance on the agenda which will set the budl~et for the
project end, of course, requh'es a formal budget teansaetion establishing appropriations,
r~venues and setting the categories for expenditures. These items have not been pre-
pared inasmuch as we have not received the letters per se. As soon es we receive
the off'total documentation, we will complete the resolution and the ordinance and be
able to "plug ino the numbers applicable. We prefer to approach it t_~_~ way rather
than delay the project for a_~other two weeks.
Airport Ordinance
Copies of this ordinance, as introduced, have been marled to lecal fixed base opeFators
and the FAA for thei~ information and review prior to the public heating this coming
Wednesd~yo
Assessment Ord!nan=e Amendment
We have an assessment ordinance mendment. This relates to ~. special ordinance
which was passed in relation to a special situation for owners of a large number of
individual lots. A~ain, this is a situation where there is a dangling situation and
this amendment in effect is to close that and provide for propee adminlet~aflon of
that ordinance o
CITY MANAGER'S REPORT #3 - Page Two
6. Financial Status Report
At~ abb~eviaied Financial Status Report is attached. I would like to draw your
attention that as of the 31st of September, a quarterly report ff we are on-target in all
~ategories, our income should be approximately 25% of that estimated and out'
expenditures, encumbrances should also equal 25% of the projected budgets. De~_ fled
reports wfll be available for Councilman Whelan and Councilman Ambarfan on Tuesday
or Wednesday. We will hav~ them for them at the meeffn~ in accordance with thei~
expressed desires.
Ol-a~t Application for the Water Sto~age Reservoi~
The attached resolution authorizes the admintst~atton to file an application with EDA
under p~ovisions of the Public Works Employment Act of 1976. The application will
request a ~,rant of approximately $1,400,000 to cover 100% of the costs as of the date
of application for all activities pm'talnin~ to the con~-t~etion of the reservoir.
8. Tfbbets Gare{e
The request fi. om M~. Ttbbets fo~ reimbursement for the closure of his garage and
legal fees is also fneluded under old business on the a~enda. Attached to the report
fs a statement of history pertain~ to the Tfbbets situation. Also attached to that is
a legal opinion fi, om the City Attmmey. Resolution of this matter is, of course, at the
pleasure of the Council.
9.Hearfn~ by the City Council sitting as a Board of Adjustme~. t for the Cit~ of
.Kensi in the matte~ of the Baptist Temple
You will find enclosed in your folders for the night of the meeting a la,si opinion
by. the City Attorney as to the issues in this partieulme ease and a draft resolution as to fo~n
pe~ to yome findings in the matter. Some of the a~eneies t~t the adminiztrstion
has requested to appear a~e the State Depa~hnent of ]~nvh. onmental Health. The
Sanitazdan will be able to ~ive testimony as to the publt~ health rules and re--ns
pe~ to the operation of a church/school. We will have ou~ Fi~e Chief available
to relate City and State requirements as to fi~e safety. We expect that we will have
dcoumentatton from the State Depm'tment of ]Education in Juneau as to the requi~ementa
for oel'tffieaiton for a school of this type. It rs, of course, up to the Counsil as to what
they des~e to have presented into the record as a matter of evidence.
10. Petition for Tax Dfffere~A!
A work session was held Thursday night the 14th in the Publfe Safety Building
to discuss the p~{_~_~n fo~ a Tax Dtffe~en~_ Zone. The administration's position
fs that we have no way of really identifying the sera,lee fo~ wh_~¢h a tax differential
is being requested. We have made e presumption that relates to read maintenance.
T_h_~_~ may o~ may not be the ease as the petition does not clea~ly identify these leek
CITY MANAGER*S I~EPORT #3 - Page Three
of services alleged. However, administration also feels that the tax differential
situation would be opening a ~Pandora's Box~ and be nearly impossible to apply
in an equitable ma~er to any part of the City. Further, we would recommend that
.h,.'o ~eton~ be t.~ken ~:,, the C!t,-. One ',hat wc ca/ablish a r~ona~u~tlor, program
of those which are obviously bad streets and which the City has aecapted for maintenance.
Secondly, we establish by ordin~we or by Borouffh erdinanee a subdivision requirement
which would require for a developer to place a cash esorow or performanee bond to
insure proper development of the st~eete he has requested in his development. As an
adjunct to that, we could also request for funding of his share of off-site tmpr~vemente
which would be a t~emendous asset to the City and protect the City f~om a ~fly by night"
developer, speculator, ~ homesites to a ~llible public.
Zonin[~ Resolution
This resolution relates to a proposed zoni~ ehan~e of City-FAA lands in the vicinity
of the Spur Highway and Beavericop. The Planning Commission is recommendinl~
in accordance with the map attaehed thereto by reference a rezoning fi'om rural
resident/al to general commercial. However, included in some of this rezoninl~ is a
area euerenfly shown as conse~waticn. I would make this comment ~ it is mueh mere
desirable to rezone the enti~e a~ea as general commercial end then as the City is the
owne~, we can by survey and plat designation protect those environmental
concern areas by designing lots which are undersized or odd-shaped and unsuitable
fo~ furthe~ development.
Resolution on Old Library Building
The Plannin~ ~ Zoning Commission has adopted a resolution reeommendin~ the Council
set a public hearing to det~iidne the use of the old Library Building and lends.
Tb!~_ resolution was proposed by the administratMn as we will be moving the library
in the nex~ few days. We need insirueflons from the City Counedl as to what to do with
~_h~ paefleul~ building. Hol~efuHy, we-will not be futm'e landlords of a bulldtn~ which
· e~et~ably we must consider inade~.uate and perhaps dangerous.
Roads & Trails FY??,?8 & 79
Attached is a resolution to the State requesting allocation er conflemation of a proEram
fer Roads & Trails fer FY 77, ?8 and ?9. It must be noted that these a~e anticipated
funds inasmuch as they go before the voters on Novembe~ 2, 1976 in the State Bend
Issue for Roads. Therefore, there is no assurance that the meastwe will be passed
and the funds actually will be available. To meet a deadline, the admints~ation has
proposed what is shown on the resolution. Again, we will point out that this is only
an initial commitment that we do have or ',~dl have a pro~m. The actual funding of
any activity will be by the Council in appropriate le~islsiery action making definitive
appropriations and setting definitive proJeeis. So this is not binding on the Council
at ~ time other titan to say that we want the monies from the State fo~ application on
Local Roads & T~_~ prol~mns.
CITY MANAGER'S REPORT #3 - PAGE Four
e
for approval and ratification
We Aave one nmjor bill and that is ii~e Auditor's fee. for a s~nEican~ stun which, of
course, has bean appropriated and is in the budget and needs Council approval at this
DEPARTMENT OF PUBLIC WORKS
Forest Drive Water Line
All ecns~.uetlon is complete and final elean-up as well as street patching and in-
stallation of gate valves and merking posts has been completed. As-buflts have been
received and a~e betn~ sent to the Department of Environmental Consem, aflon
and the State fo~ thei~ approval so that we can reeeive the State funding.
Shelter
Constmtetion of the Ayt!mal Shelter- has been stopped at this ff_m.e due to the leek of
eleetrieity. We a~e, therefore, submtttin~ an emergency o~dinanee fo~ fundin~ so
that we can provide electricity to the facility.
Wawn Storage Buff ,d~nl~
The warm storage building is now WARM, however, lighting has not been completed.
The project should be complete with the ll~htin~ this week.
EDA Wate~ Well Transmission Line
Clea~ fo~ the Well House and fo~ the water line is complete. The footings for the
Well House have b~n poured and back-filling compaetfon of the slab is in progress.
Potu'fng8 fo~ the two highway c~ossings have been completed and dismantling of the
old well house on Caviar Street is proceeding. However, we have ~ into a sna~
already on this project and we a~e asking by resolution fo~ approval of Charge Orde~
#1 in the amount of $12,000. The design of the proJset was for a 60' under-the-roadway
~ossh~ and the State now requi~es that we put in a 120' e~ossing castings. To do
this we need a $12,000 Cban~e Order which is Hated as a resolution on the a~enda.
Kenai Boat Harbor Road
Construction of the road has stopped due to the rains and possibly will not continue
until next summer. A small mount of base material is still needed plus gravel for
mtFfacJng of the entire Food.
CITY MANAGIIR*S REPORT #3 - Page Five
Redoubt Terrace Subdivision
Cons~ciion of the water and sewer lines have b~zx co~iplei~. We are now in the
process of testing same.
.Blee~ieal Contract- Sewer P!_~n_t
Most of the electrical work has been completed by Kenai Elec*tric. There is some work
that has robe socompltshed by the City crew, hopefully, this will be completed in the
very nea~ future.
Street Crew Activity
The street crew has been flnishintl up some drainage problems prior to freeze-up and
inalallin[~ win~s and blades on our snow removal equipment.
Water and Sewer, Crew
The water and sewer crew along with the Fi~e Department are in the process of
flushi~ all mains and hydrants throughout the City prior to freeze-up. The water
and sewe~ m'ew are also to~ntng off water and draintn~ all water lines to the parks.
. .C~nme~.daflon fo~ the Animal Control Office~
We have had some comments from the public relative to the Animal Control operation
and, in pertieular, had a call f~om one youn~ lady eommendin~ our Animal Control
Offiee~, Ken Siirila, fo~ his activities in ftndin~ a lost cocker spaniel which,
ineMentally, he was blamed for losin~ on the radio. The alleilation was withdrawn
and the people are very happy with his a~ilvi~ies.
(~aeth Pehrson's contract is now in the In'coess of bein~ finalized. We have his
initial proposal; however, there are certain counter-proposals administration will
make. This will requi~e him to become esse~ff_~lly an independent contraetor with
appropriate lagal Fequi~ementa. Since we expect to be providin~ him with admini-
a~ative support, ~anspo~atton and so forth, we will insure that there is a ch~e
which is rebated properly to the Cil~y as a part of the con~act.
Street Lff~hting A~eement with the State Hi~hw, ay Department
I have placed the a~,~eement on the agenda fo~ approval by the Council. However,
I am having discussions with Phil relative to the requirement to detail inspect the
lighting system befere we accept it. Hopefully, we will resolve that so that we can
move the resolution at the Council meeting.
CITY MANAGER*S REPORT #3 ~ Page Six
13.
State Highway Re.~.nstru.ction of Forest Drive and Redoubt Avenue
I have received no answer from the ~tate as to my letter of complaint to them last
week. If I do not receive an answer in the n~r future, I will make adckitional contact
with that office.
14. Water and Sewer Permit Fees
We have on the agenda a resolution to raise from the table the water and sewer permit
fee erdtnanee. Since another public hearing is required, at tht~ time the resolution
will simply call for a public hearing at a future date. We will have completed all
aspects of the ordinanoe at that time. ,
Little Ski-Mo
a. On the lot the Little Ski-Mo is located, there are two steuctures - a trailer
(residence) and the Little SM-Mo (the business). In 1969, water and sewer fie-in
permits were obtained. In 1972 water and sowe~ connections were reported as being
made. Ae of that date, October 1972, bil~ was commenced as to commercial rate for
water and sewer.
The trailer has had both water and sewer and the little Ski-Mo as of May-June
1976 had only water. Sewer was available but the Little Ski-Mo was not tied into
the public sewer. The Department of Health, State of Alaska, reports that on 6-25
the sewer of the Little Ski-Mo was tied in to the line running from the trailer to
the sewer min.
The propex*ty has had sewer and water and was bfdled correctly. No rebate is
properly due. It is recommended that the motion proviclin~ for rebate be rescinded.
b. Gusty Subdivision Lot 3 - New Ski-Mo. In 1970, water assessment calc~_,_!~tlons
for the three lots of the subdivision were made. Such assessment ehax~es were
to be made as **payment in-lieu of assessment" in the amount of $4,364.23.
In 1972, records Indicate and apperent agreement to ~pay half of the cost of
sewer and water hook-up when no sewer line was found as indicated on the City
· drawings~. That was annotated on a bin to.Mr. Ferguson, the owner at the time.
.In 1973, records fndioate an allowance of $2,200 was made in regard to the *non-
existent sewer liner. In 1975, records Indicate sewer lines had been extended by the
then owner as he sought relief from pmm~!ty and interest that he was then owing.
.%
CITY MANAGER'S REPORT #3 - Page Seven
By inference it appears that by virtue of the allowance off $2°200 to tim lease
rental the Lessee had, tn fact, extended sewer lines at his own expense. This is
fux*tAe~ verified by the request for relief of 1975. Logically, it follot~s that a prudent
man would, when extending facilities such as sewor, ex~eitd them to the degree of
semdng ~ll identifiable properties In his control -- in this case Lot 3. It is, therefore,
concluded that the City could reasonably accept information that the sewer main
extension to fnclude Lot 3 did exist. Claims for non-existence of sewer mains on
Cohoe or Birch Street extension abutting Lot 3 should, the~'efore, be made to the pre-
ceding owner of record.
.Taxes
Licenses, Permtts& Fees
Zntergovernmental Revenues
Charges for Se~vtces
Ftnes& Forfetts
H~scellaneous Revenue
Znterfund Recetpts
TOTAL GENERAL FUND
CI~.* OF KENAI
.GENERA~.F~D ~V~U~
SEPTEHBER 1976
Estimated
Revenue
$ 1,632,505
9,500
397,645
39,697
3,000
19,421
69~000'
~, 211701768
Recetpts
$ 891,938
7,284
13,219
10,374
3,567
11,822
, 37t076
} 976t280
Uncollected
Balance
$ 740,567
2,216
384,426
29,323
(667)
7,599
_ 31,924
CXTY OF KENA!
GENERAL FUND
DEPARTMENTAL EXPENSE SIJ~4ARY
September 1976
Non-Departmental
Legislative
Legal
Ctty ~nager
Finance
Dept. of Revenue
Ltbrary
Ltbrary Development Srant
Counc11 on A91n§
Parks & Recreation
Connmntcattons
Pollce
Polt ce Reserves
Ftre Department
Ftre Auxiliary
Ftre School
Publtc I/orks-Admtntstratton
Planntng Comtsston
Street Natntenance
Butldtng Xnspectton
Ctty Shop
Antmal Control
Contingency
Reserve for contribution to
General Fund Deftctt
Revtsed
Budget
$ 239,391
30,622
72,042
48,836
136,876
23,364
44,552
8,000
33,610
15,000
92,762
333,573
75O
295,175
10,505
6,697
61,854
14,914
125,615
28,223
198,316
19,204
30,887
300pO00
Expenditures Encumbrances Balance
$ 82,509 $ 987 $ i55,895
5,977 626 24,019
13,101 46 58,895
10,387 198 38,251
25,943 132 110,801
4,267 - 0 - 19,097
8,430 1,OgO 35,032
111 1,391 6,498
13,410 2,034 18,166
9,497 - 0 - 5,503
16,223 225 76,314
63,037 483 270,053
- 0 - - 0 - 750
51,179 170 243,826
2,471 - 0 - 8,034
364 - 0 - 6,333
14,553 355 46,946
437 79 14,398
21,310 1,937 102,368
5,396 - 0 - ?.2,827
32,574 10,365 155,377
2,696 1,232 15,276
- O- - 0 - 30,887
-0-
- 0 - 300,000
TOTAL GENERAL FUND
$2.171~768
~ 383 ~872
~21~350 ~Z~765,546
I
' ~,,. ,r:.,. : ,Il
USER, CHARGES
#ater & Se~er Btlled
Penalty & Interest
Total User Charges
CITY OF I~NAI
)/ATER AND SEWER FUND
September 1976
Esttmted Uncol I ected
Revenue Real ized Balance
$ 262.957 $73.077 $189.880
l~ 1~ 153 537
74,240 ~
OTHER REVENUES
Licenses & Permits 600 620 (20)
Other Charges - 0 - 379 (379)
gtscellaneous - 0 - 104 (104)
Total Other Revenues 600 '1,~03 (503)
TOTAL
$ 265.357 $75.343 ~..1gOmO14
CITY OF KEFLRI
WATER & SE~IER FLUID
DEPARll~ENTAL EXPENSE SUFE4ARY
SEPTE~ER 1976
.Water & Sewer Services
Sewer Treatment Plant
Total Water & Se. er
Revtsed
115~266
Expenditures
$ 61,099
51~771
112.870
Encumbrances
$ 3,653"
9 ~,769
Balance
85,339
53,726
$139.065
Rents & Leases Btlled
Commissions
Miscellaneous
TOTAL AZRPORT TERMINAL REVENUE
CITY OF KENAI
~IRPORT T£P~INAL FUr~D
September 1976
Estimated
Revenue
$100,893
17,280
- 0 -
~ 118t173
Realtzed
$ 43,200
7,624
98
~ 50t922
Balance
$57:693
9,656
(98)
$ 67.251
:1
CXTY OF KF.I~X
AIRPORT H & 0 FUND
September 1976
· ents & Leases Billed
Landtng Fees
Gaso11 ne Fees
N!scellaneous
Total
ZNTERFU~D RECEZPTS
TOTAL AIRPORT N & 0 FUND REVENUE
Estimated
Revenue
18,000
10,000
- 0 -
44,705
67 ~ 504
$112.209
Rea 1 t zed
5,447
846
8
27,139
-0-
$27.1'~9
Balance
12,553
9,154
67~504
$86.070
gZTY OF KENA!
ATRPORT LAND FUND
SEPTEI4B~ 1976
.Rents & Leases Btlled
Fltscellaneous
Contribution from General Fund
TOTAL, ATP. PORT LAND FUND REVENUE
Estimated
Revenue
-0-
32,869
$77.468
Reallzed,
55.741
35
4~350, .
6o 126
Balance
, 28t519
$ *'17.332
CZTY OF KENA!
.AIRPORT FUNDS
OEPARTI4ENTAL EXPENSE SUI~IARY
SEPTEI~ER 1976
·Atrport Termtnal Fund
Atrpor~ Termtn81 ~nager
Total Airport. Termtnal
Atrpor~ I! & 0
Airport. Land
TOTAL AIRPORT FUNDS
Revised
Budget
$ 97,438
~0~735
~:]8,~73
11~,~09
77~458
$
Exj3endttures Encumbrances Balance
61,318 $ 175 $ 35,945
- O- - O- 20~735
61,318 176 56,680
21,668 4,436 96,Z65
28~897 1~305 47~256
1.0.1.,.823 $ 5.916 $200.101
CITY OF' KENAI
DEBT SERVICE FUND
September lg76
.REVENUES
Sales Tax
Interfund Receipts
Contribution fra~ Fund Balance
TOTAL REVF~IUE
Revised
$300,000
234,571
13~g$4
$548.535
Rea 1 i zed
$ 69,926
114,267
-0-
Uncollected
Balance
$ 230,074
120,304
13,964
$ 364.342
EXPEgDZTURES
Principal
Interest
Fees
TOTAL DEBT SERVICE
Revised
Budflet
$264,535
281,700
2,300
$548.535
Expenditures
$154,534
136,292
568
$291.394
Balance
[10,001
145,408
1~732
257.1,4,1