HomeMy WebLinkAbout1976-11-03 Council PacketCOUNC I L
AGENDA
REGULAR It~ETING - KENA! CITY COUNCIL
NOVI~IBER 3, 10~6 - 8:00 P.M.
. PUBLIC SAFETY BUILDING
PLEDGE OF Af-~J~31ANCE -
PUBLIC HF. ARIZqGS
1. Ordfnan~ No. 310-76 - ReviMng Schedule *H" of Rates for* Users to w/s 8ystmn
~. ~e No. 317-';6 - C~arlfyfflg Ord. 240-?4 · Umftfng it as to time
s. Ordinance No. 319-76 - S~___~x* Ctti~ Nutt~ Pt~ Budget
4.
PERSONS PRESENT Sr~IEDULED TO BE HEARD
1. Mt*. Ted Csx*son representt~ Yosht and Ruth SMoM~
D. MIh'(~F~S
1. Minute8 ~ the Regmlmt* Meetf~g ~nd Bomt~ or Adjustment Heal*lng of* O~obe~ 20, 1976.
1. Kend Utmty Sev~ ~
OLD BUMS
!.
$.
4.
H. REPORTS
l. City Managm-*s Report f4
0. MI~"o Report
4. City Clerk's Repot*t
S. Ffmnee Dit*eetm.'o Repo~
6. Phnnlng & Zonf~ Commtsston's RepoFt
'/. IFdmai Peninsula Borough AsMmbly,s Repofl
I.
CITY OF KENAI
ORDINANCE NO. 310-76
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REVISING
SCHEDULE H - WATER AND SEWER PERMITS - OF THE SCHEDULE OF RATES
~R USEIIS CO,'~ECTED TO CITY, WATER AL~D ,~.T;'I~-R ~YST~!S.
WHEREAS, the present fee schedule for wate~ arid sewer permits is not equitable
in that it is not based on the size of service.
NOW, THEREFORE, BE IT ORDAINED BY ~ COUNCIL OF THE CITY OF KENAI,
ALASKA, as follows:
£
Sehe4ble H of the Revised Schedule of Rates for Users Connected to
Water and S~wer Systems enacted by Ordinance No. 266-?5 is hereby mended
to read in its entirety as follows:
SOHEDU H - WATE 'AND SeWER P TS
Water
Line Size Fee
3/4," $ 400
1' 6OO
1-1/2" I,I00
2" 1,800
4" 5,800
· 6" I1,000
· - .b-, -Sewe~ -. - :
Line Size ' Fee ....
4.. $ 4oo
6" · - 1,200
c. The funds collerted under this Schedule _~11~ be reserved for water
and sewe~ capital improvements.
PASSED BY THE COUNCIL OF THE CITY OF _I~.NAI, ALASKA, this 3rd day
November, 1976.
ATTEST:
Sue C, Peter, Ci.~y Clerk
/ 0,,/-
"/',.,}, FIRST READING: September 1, 1976
' ','."'
CITY OF I~ENAI
ORDINANCE NO. 317-76
AN ORDINANCE OF THE C~UNCIL OF THE CITY OF KENAI, ALASKA, CLARIFYING
ORDINANCE 240-74 AND MMITING IT AS TO TIME.
WllBREAS, the Council has passed Ordinance 240-74 providing that deferm_~a_t of payments
of Special Assessments may be obtained by certain property owners, and
~,F,A$, such erdinanee has p~oved difficult to ~dmtni~ter Ired apply without fm'ther
~!;?iflcation.
NOW, THe~am~om~, BE IT ORDAINED by the Council of the Cit~ of Kenet, Ahmha, es
follows:
Section 1:
b.
Section g of Ordinance 240-74 shall be interpreted as follows:
The Council grants er denies requests for deferment.
Def~,,~eaLs a~e It~nted only to the owners requestfn~ them end
_,~qp~t be passed to their suceessers in. title.
e. Deferments ere to be handled in the same manner as p~ovided for
in Ordinance No. $14-?$, except that deferment ends automatically on eseh
individual lfl~'eel at the earliest of (1) five (5) years from date of grant;
Date of t~er of title; o~ (3) Date improvements a~e connected to water and
~Wat' o
8eetfon 2: No deferments unde~ O~d!n~ee No. 240-?4 ,,~,~11 be g~ented
the e~eetive date of th!~, ordinance.
PA~BD by the Council of the City of Kenai, this
day of November, 1976.
ATTEST:
Sue C. Peter, City Clerk
JAMBS A. ELSON, MAYOR
FIRST READING:
SECOND READING:
BFFECTIVE DATE:..
Oetober g0, 1976
CIT~ OF KENAI -- ORDINANCE 2q0-7q
AUTHORIZING DEl=ERRED PAYMEH .TS FOR WATER AND St~'W~R IMPROVEMENTS SERVING
SUBDIVIDED PROPERTY OF AN OWNER HOLDING IN EXCESS OF 10 PARCELS OF LAND IN
ONE SUBDIVISION SUBJECT TO ASSESSMENT FOR IMPROVEMENTS.
WHEREAS, persons developing the land within the City of Kenai on a pioneer basis
brought improvements believed by the community to be desirable, at a time when nobody else
was willing to undertake the risk and work required by such a venture, and when subsequent
requirements of water and sewer service impose heavy burdens upon owners holding parcels
of real property in large numbers within a subdivision, a requirement for immediate payment
of asseksment on each parcel is an unfair penalty to the initiative required for the City's earlier
development believed to be beneficial, and;
WHEREAS, to facilitate the payment of assessments on an owner holding in excess of 10
subdivided parcels in one subdivision is deemed in the public interest to provide fei' alternatives
to payment other than those specified in Ordinance 234-73 or Resolution 7q-~.
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA:
SECTION 1: The Council finds that owners of subdivided parcels exceeding ten in
numbe'r in a subdivision should be permitted additional time to pay assessments established
In Ordinance 23q-73 and Resolution 7q-q.
SECTION 2: That owners qualifying in accordance with the Council's finding in
Sectlon I may .request deferrment of payments for (a) five years, or (b) whenever an individual
parcel subject to an assessn-,ent may be sold, or (c) whenever improvements on an Individual
parcel are connected to the water or sewer, whichever said time limit may be the earliest.
SE ,CTIQN 3: This !s a non-cede ordinance.
FIRST READING 20th.
*SECOND READING, 6th,
DAY OF FEBRUARY, 1974.
DAY OF MARCH, 197q.
JAMBS H. DOYLE, VICE MAYOR
ATTEST:
'SharOn S. Looslio City ~3ierk
CZTY OF KENAI
ORDINANCE NO. 319-76 . ,,.....:..
AN ORDINANCE OF THE COUNCIL OF THE C~TY OF KENAI, ALASKA
INCREASING ESTZNATED REVENUES AND APPROPRZATZONS IN THE AHOUNT
OF $36,533 UNDER THE BUDGETARY GUIDELINE ENTZTLED "TZTLE VIZ
NUTRITION PROGRAH" IN A SPEC!AL REVENUE FUND.
WHEREAS, Resolution 76-53 authorized the Ctty Hanager to apply
for a sub-grant with the Salvation Army-Anchorage for montes
to Implement a Tttle VI! Nutrition Program, and
WHEREAS, the Ctty has applted for funds under Tttle VZZ
Nutrition Program, and
WHEREAS, the Salvation Army-Anchorage has approved thts request.
NOH, THEREFORE, BE ~T ORDAINED by the Counctl of the City of
Kenat, Alaska, that a Special Revenue Fund*he established to
reflect the following Increases tn estimated revenues and
appropriations:
REVENUES:
Tttle VII Nutrition Program
"Rental Income, tn kind. contribution
Heal Changes
$30,929
4,104
1,500
EXPENDZTURES:
Offlce supplles
Supplles - raw food
Professional servtces
Transportation
Advertising
~nsurance
Utilities
'Rent
Equipment
1,150
10,000
15,833
120
226
1,000
300
4,104
,~3,800
PASSED BY THE COUNCZ*L OF THE CZTY OF KENAZ, ALASKA THZS
day of , 1976.
CITY OF KENAZ
ATTEST:
Sue C. Peter, Ctty Clerk
Oames A. Elson, Hayor
FIRST READING October SO, 1976
SECOND READING November a, ]9Yu
EFFECTIVE DATE"
A~ENDA
REOULAR MEETING - KENA! CITY COUNCIL
OCTOBER 20. 1976 - 8:00 P.M.
FUBL/C SAFETY BUILDING
PUBL/C HF, ARI~GS
I. OrdJn~nae No. 313-?$ - AmendJn~ Ken~l CommunRy Library GL'Iht I
$. ~ No. 314-76 - Sp~etM De~rTed Assessments fn Certain WIS Improve. Dist.l
~. Ordinance 1~o. 315-7G - Requf~ng Assessmants be mede current at t~msFer o~ t~tle 2
4. Onifmmee No. ~16-76 - Amending 1976 g~ M~fpol Afrpofl Reguhtfons 3
ADJOURNMENT - BOARD OF ADd'US~ - KENAI BAPTIST TEMPr~ 4 - O
I~ONS PRESENT SCHEDZ~,ED TO BE HEARD
I. Mr. Ted Corem repres~ Yoshf end Ruth f~hfohfrs
I. MbmtesdtheR~qflm. Meettngo~Oetobe~ 6.
1. Lett~* of res~ ~mn P~, Co~ - S~s. Betty Glfak
OLD BUSINESS
l. '~lbbets G~ra~e
I0
NEW BUSINESS
I. BJ~o to be pold - bills to be ratified I0
f. ~~ Ro. V~S5 - R~b~ ~ State - S~ ~ ~ Vr~ S~n 13
H. REPORTS
1. City Ibmge~*s Repofl
S. City Attorney*s Report
L
4. ~ C~k'o R~
1.
18
18
18
18
18
18
KENAI CITY COUNCIL - REGULAR MEETING
OCTOBER 20, 1976 - 8:00 P.M.
PUBLIC SAFETY BUILDING
MAYOR JAMES A. ELSON PRESIDING
PLI~)~ OF ALLEGIANCE
A. ROLL CALL
Pl, esent: Richard Morgan, Dan Whelan, Edward Ambarlan, Tom Ackerly, Betty
Gltek, Walter Sweet sod James Elson
Absent: None
AOBNDA APPROVAL
The agenda was approved as distributed.
B. PUBLIC HEARINGS
Ordinance No. 313-76 - Amendinj~ Ken~t Communit~r Librax~, Grant
Mayor Elson read Ordinenee No. 313-76 by title only as copies had been distributed
to the public. "An ordinsoee of the Council of the City of KenaJ, Alaska, epproprlaflng
$20,000 to the Capital Projects ~ entltied *Kenal Community Library* sod
fnereasing estimated revenues, entitled ~Kenai Community Library Grant" in the
amount of $10o000 and donations from the Friends of the Library in the mount of
$10,000.'
Mayor Bison opened the hearing to the pub.lie. There being no public comment, the
hearb~ was tetra*ned to the Council table.
MOTION:
Councilman Ambarian moved, seconded by Councqlman Whelan, for adoption of
Ordinanco No. 313-76, appropriating $20,000 to the Capital ProJeots fund entitled
Comm~_n_J__ty Library Grant" In the amount of $10,000 and donations from the Friends
of the Library in the mount of $I0,000.
Motion passed unanimously by roll call vote. ~
0rdinanee No. 314-76 - Speofa!..Defer. F. ed Assessments in C .ex*rain. W/.S Improve. Dist.
Mayo~ Bison read Ordfnanco No. 314-76, "an ordinance of the Council of the City of
Kenai olaeffyin~ the status of apeetal deferred assessments in certain water sod sewer
improvement districts. M~hereas, Ordinance 234-?3 creating Sewer Improvement
;
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Pa~e Two
,0
District 73-S2, Resolution 74-4 creating Water Improvement District No. 8, Resolution
No. ?4-5 erea_ti~ Water Improve,~ent Dfstrtet ?3-W1, Resolution No. 74-6, ereatln~
Water Improvement District 73-W2, Resolution ~qo. 74-9, oreating Water Improvement
District 73-W5, Resolution 74-10 creatin~ Sewer Improvement District 73-S1 contain
a provision reading es follows: So much of parcels of benefitted lend with fl. ontage
in excess of 330 fl. on this district, hem as an unsubdivtded pereel, may have pay-
ment8 deferred on assessments until such paroel or percel$ ere subdivided. Whereas,
su~n provisions do n~t eleerly delinente how and when such speetsl deferred payments
are to be made, and Whereas, it is the intent of the Council to establish a policy with
resard to speeisl deferred payments in the above-named distri~s .' Mayor Elson
advised the publi~ that copies of the OFdimmee No, 314-76 were provided for their
review of the explanations ~ontained in the Section 1.
Mayor Bison opened the heerf_n_g to the public -- t~_m'_ e being no public input, the hearing
was rei~rned to the Council table for astion.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambarisn, for adoption of
Ordinance No. 314-76, clarifying the status of special deferred assessments in certain
water and sewer improvement distils.
Motion passed unanimously by roll call vote.
B-3: . Or .d~e No. 315-76 - Re(tuirin~ Assessments be made current at t~ansfer of title
Mayor Bison road Ordinance No. 315-76, wan ordinance of the Council of the City of'
Kenai roqufring that assessments be made currant at the time of transfer of title.
whereas, the council finds that it fs essential to have assessments current at the time
of transfer of tftie. Now, therefore, be it ord_,,~.ed as follows: The Code of the City
of Kenai is hereby amended to odd new Sections 16-22 and 16-23 which shall read as
follows: .l'a~flnent of Assessments Upon Transfer of Title, Section 16-22: All pest
due fnstaliments on any special assessments levied on property tn my hnprovement
dish*let within the City of Kenai shall be paid in full with applicable interest and
penalty prfo~ to the time any tnmsfer of title to that property is duly recorded in aeeerd-
anee wfth mtute. The transferor of the property shall be responsible for ensur~
that the provisions of this section are complied with. Penalty Section 16-23: Any
persons who violates the provisions of Section 16-22 is g3fllty of a misdemeanor and
punishable by a fine not to exceed $300, The penalty provided for B__m, ein t~h~ll not
bar re~tler foreclosure proeeeflirt~s provided for by statute."
Mayo~ Elson opened the hearin~ to the public -- there being no input, the hearil~~
rotu~ned to the Couno~ table for aotion.
'KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Pa~e Three
MOTION:
Councilman Sweet Moved, seconded by Councilman Ambarisn, for adoption of
Ordinance No. 315-76, requiting that assessments be made current at the time of
t~msfer of title.
Mayer Blsen stated in the penalty clause -- the ordinance should provide for penalty
on per parcel/per basis. Councilman Whelan questioned ff the~e would be any confliot
with regard to escrow accounts and was advised by City Attorney, Janis ~Vfllfams,
that there appeared to be no problem and this will provide for the City to foreelese
on past due installments, provides for a penalty and gives the individual the incentive
to have current assessments.
MOTION:
Councilman Sweet moved, seconded by Councilman Ambartan, to amend the mottot~
to read ~ .... penalty lm'ovided for herein may be assessed for each parcel to which
Motion passed unanimously by roll call vote.
MOTION AS AMENDED:
Passed unanimously by roll call vote.
B-4: O~dinanee No. 318-76 - .Amendfr~ 1976 Kenal Municipal AirpaFt Re~,l~ti_on~
Mayor Bison read Ordinance No. 316-76 by title only as suffleisnt copies had been made
available to the public. WAn erdimmee of the Council of the C~y of Kenat amending
the 1976 Kenai Municipal Airport Regulations".
MayaF Bison opened the hearing to the public.
M~. Bob Bielefeld - Mr. BfelofeM stated he felt the ordinance was totally unnecessary
in that the K _e~__! Municipal Atepo~ was imposing regulation upon regulation to the
op~ataFs end the City does have the prerogative to cancel the leases of those
individuals not complying with the At~o~t regulations.
Me. Bob Rfehie, U. S. Fish & Wfld~ffe - l~Ir. Riehfe inquired as to how these changes
relate to lease homers and also advised that he feels the City may be held liable if
in impounding a ~aft o~ vehicle if damages a~e included. M~. Rfehle also advised
that Fish & Game had a problems w~_t_B _m~__ow removal l~ winter.
Me. John Stone~, Arctic Aviation - lt~. StonaF questioned Ssetio.n 4 and the restrictions
on the movement eres and was advised by Mr. Wise that this was~e~ard to the tlmge--
aeea8 such as the Funways, tsxiways and other areas utilized faf tax~, takeoff and
lsudf~ aircraft and not the loadin~ ramp and parktn~ are_~.
ThaFe being no further public comment, the hea~m~ returned to the Council table
f~ ftuthee action.
o I IIII I II II
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976 Pa~e 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 treated as a standard air craft. Councilman Whelen inquired as to comments
from th~ FAA with regard to helicop~ status and Mr. Wise advised that th~ wag the
the reeommendatisn from the FAA fn that the helicopters be restricted. Councilman
Ackerly 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 ~*,ennetlman Whehn, for 'adoption of
Ordinance No. 316-76, mendL-~ 1976 Kenai Munl~ Ah-port Regulations,
and emendfng them to delete Section 5.
Mayor Elson rated he felt that the wordin~ in this Section was more 5L~ingent than
ft should -- the towcr should have visual access to the helicopter take-off and
landing m~ea. Mr. Wise advised that the obJec~io~ raised by the Towe~ is the fact
that this is a general ah'oraft ah. port 8nd e~e concerned about the turbulence caused
by the he~_~_~pters to approaehing small aircraft. BAr. Bob Blelefeld stated that after
three minutes there should be no problems with approael~ing mall aircraft -- appz~.h
should be at the discretion of the pilot. As this airport is run by the City of Kenat,
Mr. Bfelefeld fro*thor stated, he f~!t the City should make the rules and not the FAA.
C~oflman Morgan stated that he felt this ordinance should go before the Airport
Advisory Commission for their review.
MOTION:
Councilman Morgan moved, seconded by Councilman Whelen, that Ordinance No. 316-76
be tabled for one month to allow the Airport Advisox, y Commission time to review the
ordinance and offer their comments to the Council before passo~e.
, Councilman Sweet withdrew his motion with mt of se(Mhd..
Motion to table passed u_~_~_n!,qously by roll eaU vote.
ADJO~NT - BOARD OF ADJUSTMENT - KBNAI BAPTIST TEMPr.U
Mayor Bison adjourned the re~311az* meeting of the Kenat Cfty Council at 8:40 p.m.
and railed the Bom~d of AdJus;~ent to order to hea~ the appeal of the Kenaf Baptist
Temple on theh' appliestfon fo~ establisMn~ a ohm-eh and school in a commereisl zone.
Mayor Bison outlined the gufdelines to be followed by the Beard of Adjustment as
advised by the City Attorney. Mayor Elson advised that he would now open the
hearin~ for public comment and rated that only persons Hving within the City
limits of Kenai would be allowed to speak and upon allowing those individuals an
opportunity to speak, he would then allow aH interested parties to express their
views. Mayor Bison e.~lled upon Rev. Robert La~rabee, representing the KemLt Baptist
Temple to speak before the Board of AdJus;~ent.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
PAGE Five
Robert Lam-abee - Reverend Larrabee reiterated in that the Kenei Baptist Temple
had appealed the decision of the Kermt Advisory Planning and Zoning Commission
of September 9, 1976 and the decision of the Kenai Peninsula Borough Planning
Commission of October 4, 1976. in wMch theh- requp, st fo~' a Condi*~onal Use Permit
within a General Commercial Zone was denied. Reverend Lm*rabee advised the Board
that his group were in the process of making arrangements to select' another site
and would then move their facilities, however, this might be somewhat involved and
they would, therefore, request the Beard*s consideration for iasuanee of a conditional
use permit until the end of the school yea~. This would allow the school to remain open
and, in addition, allow the Kenal Baptist Temple to enter into negotiations for the sale
of their property and the purchase of a location which would adequately serve their.
Ilseds.
Jmnea Bookey - Mr. Bookey resides on Overland Dr. in Kenai end voiced his objection
against the issuance of a conditional use permit to the Kenal Baptist Temple as Mr. Bookey
stated that a church and school in this area would directly affect property he had
recently purchased and that his intent for this property was f(~r commercial use.
lMt.. Bookey fm*ther stated in that the Kensi Baptist Temple had acquired the property
without the permit end had proceeded with theh- church and school that this was, in
'his op~_on, a flagrant violation of the law.
Sha~on Wells - 4th & Birch - Mrs. Wells requested that Council grant a temporary
pet*mit to enable the school to remain open until the termination of the school year
Carl (]lick - High Bush & Bumble Bee - Mx*. Glick stated he had been advised that
the school on the subject propex*ty was not certified by the State of Alaska and Mr. Glick
requested that the Board take this into consideration while deciding on the appeal.
Mx'. Lam. abee advised the Boerd and ~. Glick that students attending their school
had t~ansfem*ed to colleges and were e!t~ble to transfer to any acoredited school.
Vincent Spady - Kalifonsky Beach Road - Mr. Spady, a teacher at Wings Christian
Academy, stated he believed that the school would not hinder commercial business
if the school were to operate only to the end of the school year. DAr. Spady further
stated that the school is open to the public end would, therefore, not be in conflict
with other businesses in the area such as the music studio, etc. Mr. Spady also
x'equested that their application be considered for the end of the school year to allow
a continuation of education fo~ the pupils enrolled in the school.
Viekie Bope - Bush Lanes Subdivision - Mrs. Bope, spoke as a parent of students
enrolled in Wings Christian Academy, and requested that the so__h_ool be allowed to
opeeate until the end of the school year.
Mery Spady - liA1~fonsky Beach Road - Mrs, Spady, a teacher at Wings Christian Academy,
8tl'essed the professional tx'aininK offered at the school and also stated she felt that the
peofesetonali, sm of the school appeax, ed bt harmony to operate in the area. Mrs. Spady
~equested that the school be allowed to operate until the end of the school yeae.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 9.0, 1976
P~:e Slx
Allen Bope - Bush Lanes Subdivision - Mr. Bope asked that the zoning for churches and
schcols be explained and after explanation, Mr. Bope request_ed that the Board ~rant
the school to operate until the and of the school year at which time the church sad school
would relocate.
Ken Stock - Beave~ Loop Road - Mr. Stock requested that the Bo~d ~Tant the
Baptist Temple request for an extension of ~e to the end of the school year
Robert Larrabee - Mr. Larrabee stated in connection with the conditional use permit
being issued until the end of the year, 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 kinder ~uture pro,Tess in the man. _.
Mayor Elsen inquired ff the Kenai Baptist Temple would went to emend their appli-
cation to read until a "specified date". Mr. Larrabee rated that the Kenai Baptist
Temple would hereby amend their application for conditional use permit not to extend
beyond June 30, 1977.
There bein~ no further public comment, Mayor Elson closed the public hearing and
re~l a memorandum from City Attorney, Jan_is Williams, concerning procedures to be
followed for eonsflleratton of a conditional use permit. Councilman Morgan inquired as to t
prior referral by the Kenai 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 Willtams advised that at one point prior
to contact with the Kenai Advisory Planning 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 inquired ff the conditional use permit was granted for a period of
~_m_e not to exceed June $0, 1977, what would be the next procedure. City Attorney
Williams advised that the Kenat Baptist Temple, if again found in non-compliance, would
again be in violation of the ordinance and also could possibly re-apply for a conditional
.use permit at expiration. Councilman Morgan asked for elaboration on the negotiations
for the property owned by' Kenai Biipttst Temple and Reverend Lerrabee advised that
the property was for sale and they had several interested parties. Upon sale of the
property, the ehuFeh and school would be relocated to a new site which the Kenat
Baptist Temple is trying to locate at the present time.
Councilman 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 Larrabee
reported that they were already in the process of moving out of their old building
when they found out that that a permit was required and, of course, were under the
Impression that a conditional use pm*mit would not be difficult to obtain for their intended.
use of the property. Also, the former facility was a lease only situation.
MOTION:
Councilman AmbaFian moved to table the matter of the appeal of the Kenai Baptist
1'"
_
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976 Page Seven
Temple for a ecnditionsi use permit to operate a church and private school within
General Commercqal Zone of the City of Kenat.
Lotion died for lack of $_~_ond.
NOTION:
Councilman Sweet m~ved to grant the Conditional Use Permit to the Kenat Baptist
Temple to operate a church end p~i~ate school within a General Commercial Zone
for a period not to exceed June 30, 1977.
Motion died fer lack of second.
NOTION: ..
Councilman Morgan moved, seconded by Councilman Sweet, that the Kenai City Council
CSic ~tfl~g as. a B_oard. of Adjustment finds that the uge as a chul'ch.an~ a' f~.hoo] in a General
erclm zone is not similar and in harmony with the intent of the~z~rie but due to the
hard~h~? involved on the Kensi Baptist Temple that the Board issue a non-~.enewable
Conditional Use Permit for a period not to exceed June 30, 1977.
Councilman Ambarian rated he opposed the motion end would not vote in favor of the
motion as stated.
Councilman Whelan inquired from the City Attorney if in granting a eonditi0nal uae
-permit fer a specified period of time, would this weaken the City's position should the
matter eventually go to court, or through these same proceedings after June 30th?
City Attorney Williams advised that in her opinion the City's position would not be
weakened but would have to so state and specify in the motion. Mayor Elaon 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 Kenal Advisory Planning Commission and the Kenai Peninsula
Borough Planning Commission as enumerated in the letter dated Ssptember l?, 1976,
fi'om Betty Glick, Chairman of the Kenal Advisory Corem_lesion to Mr. Lar~bee end the
Boerd stands in agTeement with the decision of the Kenai Advisory Commission, but
due to hardships to the appellant execution of legal action of the cease and desist order
be stayed until 30 June 1977.
Councilman Ambarian inquired if this motion would be in violation of the Charter
and Ordinances? City Attorney Williams advised that not to her knowledge would the
action of this motion be in violation.
Mayor Elson stated that he felt that a decision must be made ~ Mayor Elson advised
that historically in previous circumstances wherein the City granted exceptions
for the use of pm-fleular facilities, the erga~_!_~_tions would proceed with ms~g
fmprovements to their facilities and at the termination of the condition, they were
reluctant to move to other fssilities ss so much had been invested and expended in the
KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1975
Page Eight
QUESTION: ~
Motion failed by roll call vote. Voting no; Whelan, Amba.,~m, Glick and Elson.
Voting yes; Morgan. Ackerl!~ and Sweet.
MOTION:
Coune~In~nn Ambarisn moved, seconded by Councilman Morgan, for adoption of
Resolution No. 76-65, a resolution of the City Council of the City of Kenai sitttn~ 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 sohool in a General Commercial Zone. $1~hereas, the Kenai Baptist Temple has
appealed the decision of the Kenat Advisory Plannin~ and Zoning Commission and the ·
Kenat Peninsula Borough Plannin~ Commission denying iheir request for a Conditional
Use Permit relative to the operation of a church and a school in a General Commercial
· Zone, and Whereas, as ~equfl'ed by Borough Code, Public Hearing is being held within
th_~_~y days of filing of such appeals, and Whereas, the appellant has ~ed: (l) A
legal description of the property described, (2) Proposed use of the property.
Whereas, as tn'ovided by Borough Cede, the issues of fact to be determined are:
(1) Whethe~ the uses are simtlA? to the principal uses in the zone. (2) Whether the uses
ate in ha~meny with the intent of the zone. Now, Therefore, be it resolved that the
City Council sitting as a 9oatd of Adjustment fo~ the City of Kenai finds as a matter of
fact that: Sometime p~-ler to June 9, 1976, the Kenai Baptist Temple purchased the old
NC Auto building with intent to use it as a church and school. (2) On June 9, 1976,
Mi.. La~abee of Kenai Baptist Temple was informed by the Kenai Advisory Planning
and Zo,t~g Com___m_ission that churches and schools are not pemnitted uses in General
Comm_erofal Zones. They may, however, be conditional uses under KPC 21.76.140
of Ordinance No. 74-70, and if he intended to operatedtis church and school he
would need to apply for a conditional use permit. ($) 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 $, 1976,
From testimony at the public h~.~u-ing and at the meeting of September 9, 1976, the
Kenat Planning and Zoning Commission has made the following findings in regard to
the operation of the church and school, a) Applicant intends to operate a school
fer grades kindergarten through twelve, l~nrollment is to be approximately forty
students, with a possible increase in em'ollmont to eighty students within the next
sevatal years. School is to be conducted five days per week during nomnal school
hours. Students will provide their own t~ansportation. There will be lunch breaks
and recesses. However, no food will be provided by the school. Applicant stated
that it would provide fencing of the school yard ff necessa~ for the _~__fety of the
students, b) Church services will be held li~ednesday evenings and Sunday mornings
and evenings. The size of the congregation is 40 to 65 persons, c) Applicant feels
that there is adequate parking for all operations at this location. (5) From testimony
at the public heal, lng on September 8, 1976, and information received at the meeting of
September 9, 1976, the Kenai Planning and Zoning Commission made the following
findings fn regard to the effect of the operation of the church and school on smwoundtng
property ownm. s. a) It was found that adjoining property owners could be hampered
in their plans for development in the area, some of which had already begun. The
said prope~y owners were operating well within the intent of the zone. b) It Was found
that acso~,tt,?~ to Stats Statutes, a bat. cannot be located within 200 fl. of a church or
'KF. NAI CITY COUNCIL, REGULAR MEBT~NG, OCTOBBR 20, 1976
Page Nine
Ce
De
!/-2:.
school ~ound. This could hamper the operations of su~rounding property owners in
the future. (6) The eriteris 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 shntlar to principal
v~ l~em~!~ted in the zone? b) Is the intended use within the intent of the zone?
~) A church is not a use similer to the principal uses permitted in the General
C__~__~_ eeci~l Zone. (9) A school is not a use similer to the principal uses permitted
in the general eommercisl zone. (9) a church is not a use which is in hermony with
the intent of a general commercial zone. (I0) A school is not a use which is in harmony
with the intent of a general commercial zone. Be it ftu-ther resolved by the Council
of the City of Kenai stttin~ as the Board of Adjustment that the decision of the Kenai
Advfsory Planning and Zonin~ Commission is hereby affirmed and the application for
eonditional use ps,nit of Kenai Baptist Temple is hereby dented.
Motion passed by toil call vote. Votin~ yes; Morgan, Wheisn, Ambm'ian, Olfek and
Bison. Vetin~ no; Aokerly and Sweet.
Mayor Bison di~eete,1 Administration to send a copy of Resolution No. ?5-65 to the
Kenai Baptist Temple.
At 10:20 p.m., Nayer James Bison called the re~h~ meeting of the Kenal City
Cmmefl bask to order.
PBRSONS PI~SBNT SCHEDULED TO BE HEARD
.Mr. Ted Ca~son - represent~ Yosht. and Ruth Shichira
M_~yor Bison edvised that Mr. Ca. son asked to be deferred until the next re~uler
meeting of the Council.
t~JTES
~nu_t__as of the Re~da~ Meetln~ of October 6, 1976
The~e betn~ no additions er corrections, the minutes were approved as distributed.
CORI~SPONDENCB
Letter of R~_~.~_~n from P~Z Commission ~lember - Mrs. Bett~ Glick
Cottnefl aelmowled~ed receipt of the letter of resi&mation f~om the Kenat Advisory
Plailllin~ and Zo_n_in.a Commission as submitted by Mrs. Betty Glick.
_T~__~ ~ou lette~
Mayor Blson read a *thank you~ letter fo~ the efforts of the City in behalf of the
!
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Pa~e Ten
F. OLD BUSINESS
F-h .Ttbbets Gar~f~e
Mayor Elson explained that a bill had been submitted from Tfbbets Garage at the
last regular meetin~ of the Council requestin~ payment fFom the City in the amount
of $1,152.80 fo~ elosm*e time of thef~ shop at the order of the City and attorney's fees.
Mayor Elson rated he felt the Council should respond in some manne~.
Mr. Wise, City Manager, advised that a report of events was included in theh.
packet foF review.
MOTION:
Counofhnau Sweet moved, seconded by Councilman Ambarhm, that the City is
herein not liable for any of the charges as submitted by Tibbets Garage and would
theFefo~e, not pay the bill as received fi, om TJbbets GaFa~e.
Motion passed unanimously by roll call vote.
MayoF Elsen directed Administration to advise Tfbbets Garage aeeoFdin~ly.
NEW BUSINESS
(Ih Bills to be paid - bills to be ratified
Mr. Wise advised that all bi~l_!_~ were budgeted items and recon~nended approval,
MOTION:
Councilman Sweet moved, seconded by Councilman Amba~_~_n_, for approval of
bills to be paid and approval of items to be ~atifled as listed.
Motion passed un~nimously by roll call vote.
Ordinance No. 317-76 - Chudf~f Ordinance No. 240-74 & limiting Et as to _fi_me
Mayor Bison read Ordinance No. 317-76 by title only as copies had been made avail-
able to the public. Can o~dinanee of the Council of the City of Kenat, chu'ifytng
Ordinance 240-74 and ~ it as to time".
M~. Wise exp!~!ned that the Council had pr~viouely passed Ordinance 240-?4
providing that deferment of payments of Special Assessments may be obtained
by certain property owners which has areated certain difficulties for administration.
Ordinance 317-~6 would allow fo~ the Council to ~ant o~ deny requests fo~
defemnent, the deferments would be ~ranted only to the ownars requesting them and
would not be passed on to thei~ successors in title and also that the deferment would
end automatically on each individual parcel at the earliest of five yea~s feom date of
~,rant; date of transfer of title or date improvements aec connected to wate~ and
"- [l"ll r
· - IAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
P~e ~even
MOTION:
Coun~l~_m~rt Ambar~_e_n_, moved, seconded by Councilman Whelan, for introduction
of O~dinance No. 317-76, elarifyin~ Ord~_~e~ce No. 240-74 and limiting it ~s to _ttm_ e.
Motion passed unanbnously by toll call vote.
6-3: Ordinance No. 318-76 - Transfem'fn~ funds to complete Animal Shelter and
deelarir~ an emerl~aney
Mayor Blson read Ordfl~nee No. 318-76 by title only as copies had been made avail-
able fox. the public. "An ordinance of the Council of the City of Kenat, Alaska,
teansfem*ing funds for the purposes of completing the Animal Shelter end deelarin~
~ I~# .
Mr. Wise stated that this ordinance was required for the neeeasary funding to
lay the electrical line to the new Animal Shelter facility end because of the weather',
admtnist~_~___~n requested that this ordinance be declared an emergency so that
constrtmtton could proceed without delay.
Councilman Ambarfan stated he objocted to the bad planning in the construction of
the facility in that more funds were required and the erdinauee had to be declared
an emergency.
MOTION:
..... Counei~ Ambarion moved, seconded by Councilwoman Gliek, for introduction
of Ordinanee No. 318-76, with the deletion of Section 2, deelering the need for an
emergency o
Mr. W~e ad~sed ~t the shelter w~ hve to ~osed down ~t the ~~n
of ~~ ~ heat and ~h~.
.Motion failed t, nontmmiaty by toll eaU vote.
Councilman Morgan obJoctecl to the feet that the additional funclin~s would be'
ec~nf,~_~ out of Al~ OiM and asked ff this would mean a depletion in funding for ·
topairs to the x'unway9. Mr. Wise advised that funds had been bucl~eted ~or the
repairs to the runway -- patching of the asph_~_~t, etc. ~ ...... .
MOTION:
Councilman Ambartan moved, seconded by Councilmen Whelan, for inttoduetion
of Ordinance No. 318-76, transferring funds to complete the Animal Shelter end
M~ pi ~~y by toll ~ vote.
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Twelve
MOTION:
Counollwoman Glick, moved, seconded by Councilman Morgan for adoption of
Ordinance No. 318-76 transferring funds to complete the Animal Shelter and declaring
an mergenc~ thereby ~ the e~ec~ve date with psesa~e of Ord. No. 318-76.
MOTION - Amendment
OAmcflman ltlorgan moved, seconded by Councilman Whelan, to amend the motion
deleting "Repairs and U~t_~tenance" and placing in-lieu thereof "Contingency -
General Fund".
CouneJhnan Sweet inquired as to why administration had taken the monies out of
Airport OLM end was advised by Mr. Wise that he did not like to take funds out of
eontfngeney end prefem, ed to take the funds out of those a~eas that were more
feasible. The contingency fund has been reduced to $22,000 further advised Mr. Wise
and additional funds will be needed for t~urance coverage, otc.
Counollman Mor~an, with consent of second, withdrew his motion.
MOTION - FOR ADOPTION
Passed unanimously by roU eaU, vote.
0-4: Ordinance No. 319-76 - Senior Citizen Rutritfonal Proqram
G-5: .Resolution No. 76-61 ' Authorizing Aecoptanee of Sr. Citt,zen'~utritional Program
Mayo~ Bison read Ordinance No. $19-76, by title only as copfes were distributed to
the public p~lor to the meeting. "An ordinenee of the Council of the City of Kenal
lnereasln~ estimated revenues and appropriations in the mount of $36,533'under
the bud~etat-y ~utdeline entitled "Title VII Nutrition Pro,am" in a opeeinl revenue
fund~. Mayor Bison read Resolution No. 76-61 also by tffle only. ~a resolution of the
Council of the City of Kenai authorizing the acceptance of funds for Title VII Nutrition
Pro,am, and authorizing the City Manager to ente~ into a~reements fo~ implementation
of the nutrition pro,.em".
Mr. Wise reported that he had been advised by telephone that the State had aecopted
the p~oJcot and the Cf~ had received a telex, am' from the Salvation A~ny advising
of ~,nmn~.
MOTION:
Co~men Morgan moved, seconded by Councilman Sweet, for adoption of
Resolution No. 76-61, authorizing acceptance of Sr. Citizen Nutritional ProSTam.
Motion passed unanimously by roll eau vote.
· ' KENA~ CITY C~UNCIL, REGULAR IVlEETING, OCTOBER 20, 1976
Pel[e .Thh. teen
MOTION:
Councilman Ambarian moved, seconded by Councilman l~torgan, fo~ inhoodueflon of
Ordinance No. 319-76, increasing estimated revenues and appropriations in the
amount of $36,533 under the budgetary ~uideline entitled ~Tifle ~ Nutrition
1~~ in a special re~'enue fund.
Mayor Elson questioned why the City eould not Just contract with t.~e Salvation
Army and let the Salvation Ax*my handle the entire pro~ram? 1Vfr. Wise advised that
the Salvation Army would not ente~ into this type of arrangement with the City.
Councilmen Wheisn questioned the wording in the contract such as the word *supervision
and questioned tf the City would not be enterin~ into an employee/employer type of
situation. Mr. Wise explained the contract and its affect on the City. Mayor Elson
stated he felt that fi more simple aL, t, eement should be made -- either the Salvation
Army is goJn~ to be the eontraeter or the City of Kenat. Councilman Whalan stated
he felt the contracts themselves put a very heavy~urden on the City.
QUESTON:
Motion passed unanimously by Foil call vote.
G-6: Delete
G-V: Resolutfon...No. 76~55.- Reimbursement from State - Street Lights in Urban Section
Mayor Bison read Resolution lqo. ?6-55, ~'hereas, the State of Alaska, Department of
Highways, has a~Teed to reimburse the City of Kenal for distribution power costs
of street lights on the Kenal Spur Highway designated as safety illuminators, ~nd
Whereas, the City to obtain such reimbursement must aL, Tee to maintain said lights
fna werkin~ order, from the base up, and Whereas, such agreement fs deemed to be to
the best interests of the City and will permit to receive approximately $2,000 annually
and retroactively approximately $5,600 for prior years. Now, therefore be it resolved
that the City Manager is hereby authorized to enter into said Maintenance A~Teemant
with the State of Alaska, Department of Hf~hways."
Cmmeilmen Morgan moved, seconded by Couneilpm~ Sweet, for adoption of
Resolution No. 76-55, Reimbursement from the Stats with regard to street If~hts in
Motion passed unanimously by Fell call vote.
(]-8: ,R. esolution No. 76-56 - Publfe Works Capital Development & investment Act of 1976
Mayo~ Bison read Resolution No. ?6-56 - aWhereas, the CongTes$ of the United States
has adopted and appropriated funds and the President of the United States has sf~ned
KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Page Fourteen
the appropriation eat, namely; the Local Public Works Capital Development and Invest-
ment ACt of 1976, and Whereas, the State of Alaska has been allocated funds under
provisions of this Act for local publfc works, and Whereas, the City of Kenai is eligible
fox' 100 percent funding of projects under this Act, and Whereas, the City. of gens! I~
a Wstm* improvement Project of which only part 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 cost overrun. Nmv, therefore, be it resolved by the Council of the City of
Kenal that the Ciy Manager be hereby authorized to apply for 100% funding in the
mount of $1,399,420 for the construction of the severly needed Water Reservoir phase
of the Keani Water Improvement Project as authorized by the Local Public Works Capital
Development and Investment Act of 1976.'
MOTION:
Councilman Merlin moved, seconded by Council_man Sweet, for adoption of
Resolution No. ?6-56, Public Works Capital DevelopmA_~t_ & Investment Act of 1976.
~lot~n passed unanimously by roll call vote.
Resolution No. ?6-57 - Rezoning a cer~_~a tract of !_~d in the C. it~ of
Mayor Bison read Resolution No. 76-57 by title only, aa resolution of the Council of
the Ciy of Kenal recommending that cer~ property in the vicinity of the Kenat Spm-
~gtzhway and Beavarloop Road be rezoned from Subu~ben residential to to General
Mr. Wise advised Council that he had met with Mr. Rhodes of Homer Electrfc Assoelafion
and Mr. Rhodes indicated that HEA wanted to locate a gas turbine generator within the
City on that lXn*ffon of property immediately north of the proposed resoning.
Councilman Ambarian moved, seconded by Councilmen Morgan, for adoption of
Resolution No. 76-57, Fezoning a eortaln treat of land in the City of Kenaf and amenfii~
such resolution to add Red Zone #1 to General Cenunereial and Blue Zone #1 to Light
Industrial (per map atteahed).
MOTION - AME~I~
Councilman Mersan moved, seconded by Councilman Whelan, to amend the motion
to move the red line alon~ Walkor Lane westerly 150 feet.
Mrs. Ruby Coyle, with Council approval, commented that she believed it was not
feasible to take in this area as it is prime residential land. Councilman Ambarian
agreed,however, advised that there had been some interest expressed by people
for commercial uses. Mr. Wise advised that General Commerelal provides for multi-
density apartments. Councilman Morgan asked if the ADAP study would not provide
fnformatton on land use? Mr. Wise responded that it would but the study would not
plat out the lands.
KF. NAI CITY COUNCIL, REGULAR MIll,-TING, OCTOB~-~t 20, 1976
QUESTION:
Notion failed by roll call vote. Votin~ no; Ambaz~n, Gliek, Sweet, and Bison.
Vottnl~ yes; Morgan, Whelan, and Acke~ly.
Pa~e Fifteen
~OTiON:
Councilman Ambarlan moved, seconded by Councilman Morgan, to emend hfs motion
to include in subdtvidin~ of the property, a conservation zone be provided west
of Waltoe ~ne to retain resfden_~ chin. actor of Walke~ Lane area.
Notion passed tmanimously by roll call vote.
Notion passed by roll call vote with Councilman Sweet votin~ no.
G-10: Resolution No. 76-58 - Settiu~ date for public heartr~ on old library bufldtn~
Maym' Bison read Resolution lqo. 76-58, ~Vhareas, the City of Kenai Advisory
Plannin~ and Zonin~ Commission has recommended by resolution that the old library
bull~ and hinds be released from dedication to public use, and l,~hereas, such
release fi-om dedication must be considered at a public heat-lng. Now, therefore,
be it resolved that a public hearing sh~l! be held on Wednesday, Novembor 17, 1976,
at the regular meetin~ of the Kenai City Council, to determine the public's desire
~s to future use of the "old Kenai library building and lands".
NOTION:
Councilman Morgan moved, seconded by Councilman Ackerly, for adoption of.
Resolution No. ?6-58, Set~ a date for public heating on the old Ifbrm. y building
Notion passed unanimously by roll call vote.
Resolution.No. ?6-59 - Aeeeptin~ Local Sorviee Roads & T~aiis Pro~ram Funds
Naym- Flson read Resolution No. 76-59, "a resolution of the Council of the City of Kenat
acoeptin~ Local Service Roads and Trails pro~.ram funds in the amount of $70,287 for
the years 1977, 1978, and 1979. Whereas, ft is necessary to have a plan approved
fo~ Local Service Roads and Tr~la, and Whereas, the City wishes to use such funds
to accomplish ~.avel su~facin~ of existing City streets and to pave Forest D~lve
extended, end Whereas, to meet the deadline prescribed, a plan was p~esented to the
State by the City administration. Now, thorefore, be it resolved that the Council of
the City of Kenai he~-eby confirms the action of Cit~ administration and accepts
$?0,187 in Local Sez-vtee Roads and Trails monies and hereby directs that such monies
be m~d in em~ordanee with the plan at.chad hereto as "Appendix A" .~
KKNAI CITY COUNCIL, REGULAR MEETING, OCTOBER 20, 1976
Pa~e Sixteen
MOTION:
Councilman Sweet moved, seconded l~y Councilman Morgan, for adoption of
Resolution No. 76-59, accepting Local Se_,wiee Roads and Trails pro,ram funds
in the amount of $?0,~$? l'or the Years 1977, 1978 and J979.
Motion passed unanimously by roll call vote.
G-12: Resolution No. 76-60 - Raisin~ Ordinance 310-76 from table ~ setting heating date
Mayor Elson read Resolution No. 76-60, *a resolution of the Council of the City of Kenat
to raise Ordinance No. 310-76, Wan ordinance of the Council of the City of Kenai
revising Schedule ~H' of the Schedule of ~ates fox, users connected to City Water
and Sewer Systemsu from the table and setting a time for a second readf_ng and public
hearing~. Th_~ resolution was read by title only as copies had been made available
to the public.
MOTION:
Councilmen Sweet moved, seconded by Councilman ~helan, for adoption of
Resolution No. 76-60, ~ Ordinance No. 310-76 from the table and settin~
a heart~ date.
Motion passed unanimously by roll call vote.
G-13:
Resolution No. ?0-62 - Contraet(s) Ins~ .e~tion Service - EDA Water Well Project
lVlr. Wise requested this roarer be discussed in an executive session directly
following the last item of business on the agenda.
0-14:
Resolution,No. 76-63 - Ch, an~e Order - EDA Wator Well Project
Mayor Bison Fead Resolution No. 76-63, Ua Fesolution of the Council of the City of
Kenat authorizing Change Ox'der #1 to the EDA Water Well/Transmission Line Con-
st~uetion project. Whereas, the initial design of the transmission line phase of the
well/~ansmisston line proJcot called for a 60 foot pass-th~ough easin~ foF the orosst__n_Z
of the Kenai Spur Highway, and Whereas, the State of Alaska has required a 120 foot
pass-throu~h eeaingto meet future, contemplated road widening of the Kenat Spur
.Highway. Now, therefore, be it resolved that the City Administrato~ is authorized
to execute Chan~e Order #I in the amount of $12,000 to enable ecmpl~_~_,tce with require*
meats of the State of Alaska, Department of Highways and be it resolved that the City
Administrator is directed to Fequest approval of said Change O~dee #1 by the Economic
Development Administration to authorize ~td $1~,500 be reallocated fi'om Con~zency
to Construction.~
· - KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 9.0, 1976
Page Seventeen
MOTION:
Coun~_l~an Morgan moved seconded by Couneilnum Sweet, for adoption of Resolution
No. 76-63, Change Order #I - EDA Water Well Project.
Mx.. 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. Voting yes; Morgan, Whelan, Ambar~A~, Gllck
and l~lson. Voting no; Ackerly and Sweet.
G-15: Resolution No. ?6-64 - lteassessment of Cex*tatn W/S Improvement dt_~*lat in Kensi
Mayor Bison read Resolution No. 76-64, by title only eA resolution of the Council of
the City of Kenat direc~__a~ that eert_~t~_,t Wate~ and Sewer Improvement Districts of
the City be ressseasede, as copies were made available to the public.
MOTION: ~
Councilman V~helan moved, seconded by Councilman Sweet, for adoption of Resolution
No. 76-64, dJreetinf~ that cort__~t_,t water and sewer improvement dtstriete of the City
of Kenat be reassessed.
Motion passed unanimously by roll call vote.
G-16: AssJ~,nment of ,Lease - Gerald L. end/or Alexis Wesson to National Bank of Alaska
M~. Wise advised Council that this asstLmment of lease fi*om Ge~eld L. and/or Alexis
Wesson to National Bank of Alaska to the National Bank of Alaska was on Lot 2,
Block 2, of the General Aviation Apron for the purposes of collateral.
MOTION:
Councilman Ambat*hn moved, seconded by Councilwoman Glfek, for approval of
lucent of lease of Lot 2, Block 2, General Aviation Apron, fi*om Gerald L. and/or
Alexis Wesson to National Bank of Alaska for the purposes of collateral.
Motion passed unanimously by roll call vote.
H. REPORTS
H-h City Manaf~er's Report
City ldana~er's Report #3 is attached hereto in its entirety and, therefore, becomes
part of the offlelal transoript of the proeeedinf;s of the meeting.
" KBNAI CITY COUNCIL, REGULAR MEETING, OCTOBI~R 20, 1976
Psge ~i~htean
!I-2: Cit~ Attarney*s Report
PEP Suit - Additional information is required by the City before further
~tction o
Tidelands - At this point in _ti_re_e, the City has not been advised if the ruling
is going to be appealed or not.
H*3: ,Mayor's Report
M~yor Elsoa rated that with regard to the Differen~l Tax Zone request -- the
Council should take some action in response to the petition. Mayor Elson reported
that at the work session when the matter was discussed the members present felt
the ~Teatest area of concern was that of streets, however, the petition did not
spell out the areas of difficulty.. The feelings at the work sessio~ wex~ that if it is
possible, it would be best to grant relief ~aeross the board,. Coune~_l_~an Ambarian
stated that one main problem will be determining the priority streets. Counotlman
Morgan stated t__h~_ t Kenel has so many roads that are merely trails and sub-standard'
roads that the City shou]d prcoeed with up-grading them. Mayor Elson stated that
the City must define and set standards on all new subdivision's streets.
MOTION:
Councilman Ambarian moved, with no objection from Council, to table the consideration
of the petition for Tax DifferenCe! Zone until after receipt of the annual eudit.
H-4: City Clerk's Report
None
H-5: Finance Direotar's Repro*t,
None
H-6: P!An,~*nf~ ~ Zonin~ Commfssion's Repert
Councilwoman Glfek reported on the Planning & Zoning Commission meeting of
October 13, 1976 in which the Commission held a public hearing on a request for
variance from minimum side yard requfrement in a Light industrial Zone for Konai
Ate Sm'vice. Also up for Commission consideration was approval of' cons;~action on
airpofl lands, Lot 3, Block 2, General Aviation Apron - Kenai Air Semdee and
Anglars Am'es Subdivision, Pm One - Final Plat.
H-7: Kenat Peninsula Baroul~h Assembly's Itepox~
Mayor Bison ropoFted that Borough Assembly had two meetings - October 12 end
KBNAI CITY COUNCIL. RgGULAR MEUTING. OCTOBER 200 1975
Page nineteen
October 19. Mayor Elson advised that a Sales Tax meeting would be held
November 2,d at 3 p.m. in the Borough Building.
PBRSONS PRESENT NOT SCHEDULED TO BE HEARD
Nolle
There being no further business to be brought before the Council, Mayor ~.Ison
requested the Council move to othe~ quarters for the purpose of an Executive Session.
MOTION:
Councilman Ambarian moved, seconded by Councilman Morgan; that the Cmmcil
adjourn to an £xecutive Session for the purpose of discussing the contract
for the insp~n services for the EDA Water Well Project.
Motion passed --~n'lmOtlSly.
Mayor Elson brought the re~? meeting of the Kenal City Council back to order
at 2:23 a.m.
MOTION: '
Coup,flinch Morgan moved, seconded by Councilwom0. Oliok, to authorize the
Cii~ to enter into an inspection service contract with Garth Pehrson pending approval
by the Economic Development Administration.
Motion passed by ~olI call vote. Voting yes; Morgan, Ambar~__~., OHck, Elson.
Voting no; Whelan, Sweet and Aekerly.
The~e baln~ no further business, Mayor Elson adjourned the meeting at 2:30 a.m.
Respectfully submitted,
Sue~. Peter, City Clerk
CITY MANAGER*S REPORT #3
October 15, 1976
ADMINISTRATION · F]~ANCg.
O
_Kenat Property Owner*s Assoeistion
A resolution has been prepared and is on the agenda to set a date for public hearing
fox, reassessment that the Cotmeil so directed following the Executive Session at
the ~_~ meeting. It should be noted here that the time-frme 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.
Alert S~d]~
We expect to receive f~om ou~ consultants the proposed grant application and design
study early t_b~ week on oF about the 19th or the 20th. It will be distributed to the
Afrport Advisory Com__mission for thei~ review and comments and following their
initial review, we will have a meeting to discuss the proposal. In.the event, it is
felt that additional input is desired f~om the consultants, we will ask one or more of
the consul~_n_ts to come to the City to dtseuas it with us.
.Seni..or .Citizen's Nut~itienal P~o~am
We have received word that the grant applieatfon for the Nutritional ProgTam has
been approved. We have on the agenda a resolution authorizing the acceptance of
the 9Tant and authorizing the negotiation of contracts fer implementation of the want.
Additionally, we have an ordinance on the agenda which will set the budget for the
project and, of course, requi~es a fmmud budget t~ansaetion establishing approp~istions,
revenues and setting the categories fo~ expenditures. These items have not been pre-
IMlred inasmuch as we have not received the letters ~er se. As soon as we receive
the offieisl 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 project for s~other two weeks.
Airport Ordinance
Copies of this ordinance, as introduced, have been marled to local fixed base operators
and the FAA for their information and review prior to the public hearing this coming
Wednesday o
Assessment Ordinance Amendment
We have an assessment ordinance amendment. This relates to a speeisl ordinance
which was passed in relation to a specisl situation fer owners of a large numbm* 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 propm' administration of
CITY B~qAGER'S REPORT ~3 - Page Two
6. Finanefal Status Report
10.
An abbreviated Finaneisl Status Repot*t 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
ea~rtes, our income should be approximately 25% of that estimated and our
expenditm, es, encumbrances should also equal 25% of the proJe~d budgets. Detailed
reports will be available for Councilman Whelan and Councilman Amba/-isn on Tuesday
or Wednesday. We will have them for them at the meettn~ in accordance with their
expressed desires.
Grant App,lJeaflon 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 8Tent of approximately $1,400,000 to cover 100% of the costs as of the date
of application for all activities perta~ to the constm~etion of the reservoir.
Tfbbets Garage
The request from Mx.. Tfbbets for reimbursement for the closure of his l~arage and
le~el fees is also included under old business on the a~enda. Attached to the report
f~ a statement of history peetaintng to the Tibbets situation. Also attached to that is
a legal opinion from the City Attorney. Resolution of this matter is, of course, at the
pleasure of the Council.
Heaein~ by the City Council sitting, as a Board of Adjustment for the ,City of
Kenai in, the matter of the Baptist Temple
You will ~d enclosed in your folders foe the night of the meeting a legal opinion.
by the City Attorney as to the issues in this partietflar ease and a chaff resolution as to fox~
pe~ to your findin_~s in the mett_~_~. Some of the agencies that the administration
has requested to appea~ a~e the State Deparbnent of Environmental Health. The
Sanitartan will be able to ~,~ve testimony as to the public health rules and regulations
pex~ to the opeeatton of a ehuroh!sehool. We will have our Fire Cb_!_~f available
to relate City and State requirements as to fire safety. We expect that we will have
documentation from the State Department of Education in Juneau as to the requirements
foe certification for a sohool of this type. It is, of course, up to the Council as to what
they desire to have presented into the record as a matter of evidence.
Petition for Tax Difl'erenttal
A week session was held Thursday night the 14th in the Public Safety Bulldinl~
to discuss the pet/__ff_~n for a Tax Differential Zone. The administration's position
is that we have no way of really identifying the service for which a tax differential
fo being requested. We have made a presumption that relates to F0ad maintenance.
TM_~ may or may not be the ease as the petition does not eleaely identify these lack
[[
CITY MANAGER*S REPORT #$ - Page Three
of setwfees 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 manner to any pa~t of the City. Further, we would recommend that
two asttons be taken by the City. One that we establish a reconstruction program
of those which are obviously bad streets and which the City has acoepted for maintenance.
Secondly, we establish by ordinance or by Borough erdtnanee 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 funding of his share of off-site improvements
which would be a t~emendous asset to the City and protect .the City from a ~'fly by nf~ht'
developer, speculator, sellfn~ homesites to a Lmllfble public.
Zontnj~ Resolution
This resolution relates to a proposed sorting change of City-FAA lands in the vfcinity
of the Spur Highway and Beaverloop. The Planning Commission is recommending
in accordance with the map attached thereto by reference a rezoning from rural
resident~! to general commercial. However, included in some of this rezoning is a
area currently shown aa conservation. I would make this comment -- it is much more
desirable to rezone the enti~e area as general commercial and then as the City is the
owner, we can by stt~vey and plat designation protect those environmental
concern me. as by deaignin~ lots which are undersized or odd-shaped and unsuitable
for ~er development.
12. Resolution on Old Library. Building
The Plannin~ & Zonings Commissfon has adopted a resolution recommending the Counetl
set a public hearing to d~fne the use of the old Library Building and lands.
This resolution was proposed by the administration as we will be moving the librm, y
in the next few days. We need instructions from the City Couneil as to what to do with
this pa~tieul~ buildin~. Hopefully, we will not be future landlords of a buildin~ which
~e~'ettably we must consider inadequate and perhaps dangerous.
13. Roads & Tr~ils FY77~78 & 79
Attached is a resolution to the State requesting allocation or confirmation of a program
for Roads & Trails for FY 7?, 78 and 79. It must be noted that these are anticipated
fhnds inamnueh as they go before the voters on November 2, 1976 in the State Bond
Issue for Roads. Therefore, there is no assurance that the measure will be passed
and the funds aetuelly will be available. To meet a deadline, the administration has
p~oposed what is shown on the resolution. A~ain, we will point out that this is only
an fni_~-! commitment that we do have er will have a program. The aetusl f~mdlng of
any activity will be by the Council in appropriate legislatory action making definitive
aplY~opx'iations and setting deftnfLive projects. So this is not binding on the Council
at this time other than to say that we want the monies from the State for application on
Local Roads & Trails programs..
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 siLmificant sum which, of
ecu~se, has been appropriated and is in the budget and needs Council approval at this
DEPARTMENT OF PUBLIC WORKS
~Fore~t. Drive Water Line
All construetfon is complete and final clean-up as well as street patching and in-
stallation of gate valves and marking posts has been completed. As-builts have been
received and a~e bein~ sent to the Department of Envfi. onmental Conservation
and the State fro' them approval so that we can receive the State funding.
Animal Shelter
Construction of the Animal Shelter has been stopped at this time due to the lack of
elcot~'feity. We are, therefore, submitting an emergency ordinance for fundfn~ so
that we can provide electricity to the facility.
Warm Storage Building
The wat-m storage building is now WARM, however, lt~ghting has not been completed,
The project should be complete with the lighting t_h_~_~ week.
I~DA Water Well Transmission Line
Clea~ for the Well House and for the water line is complete. The footings for the
Well House have been porn'ed and back-filling compaction of the slab is in prob,'ess.
Pourings for the two highway crossings have been completed and dismantl!~g of the
old well house on Caviar Street is proceeding. However, we have run into a sna~
already on this project and we are askin~ by resolution fo~ approval of Chan~e Order
gl in the amount of $12,000. The design of the project was for a 60' under-the-roadway
crossing and the State now requires that we put in a 120' c~ossing castings. To do
1~i_~ we need a $12,000 Change Order which is listed as a resolution on the ~genda.
Kenat Boat Harbor Road
Coi~t~uetton of the road has stopped due to the rains and possibly will not continue
until next summe~. A small amount of .base materisl is still needed plus gTavel for
sm, faMng of the entire road.
oO
CITY MANAGER*S REPORT #3 - Page Five
Redoubt Terrace Subdivision
Con~-~p,-,-c~.,on cf the water and sewer !_i~es have been comp!crc, cl. W~ aF~ no-,v in the
process of testing ~,~e.
Ele~Fioal Cont~aet - Sewe~ ,Plant
Nost of the electrical work has been completed by Keflal 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 Activity
The street c~ew has been finishin~ up some c~efn~e p~oblems prior to freeze-up and
installing wings and blades on our snow removal equipment.
Wate~ and Sewer Crew
The water and sewe~ crew alon~ with the Fire Department are in the process of
flushing aH mains and hydrants throughout the City prior, to fl, eeze-up. The water
and sewer m'ew ere also tu~nin~ off weter and clFaintng aH water lines to the parks..
10. Commendation fo~ the Animal Control Ofttcer
We have had some comments from the publte relative to the A~m_al Control operation
and, in particular, had a enll from one young lady commending our Animal Control
Officer, Ken Sifrlis, for his' activities in finding a lost cocker spaniel which,
fncidentally, he was blamed fo~ losin~ on the radio. The alle~ation was withdrawn
and the people are very happy with b!8 a~vlfles.
BDA 'A'ansmission Inspection.
Gat'th Pehrson's contract is now in the process of being finalized. We have his
Initial proposal, however, the~e ere c~ counter-proposals adminiet~ation will
__w~__ lqe. This will requfFe him to become essentially an independent contractor with
appropriate legal requirements. Since we expect to be providing him with admini-
steative support, transportation and so ferth, we will insure that there ts a eherge
which is rebated properly to the City as a part of the contract.
12. SWeet_ Lf~hting A~Teement with the SMte Highway Depa~,.tment
I have placed the a~Teement on the a~enda fo~ approval by the Council. However,
I mn having discussions with Phil relative to the requirement to detail inspect the
lf~hting system before we accept it. Hopefully, we will resolve that so that we can
move the resolution st the Counefl meeting.
II
CITY MANAGF, R, vlS REPORT #3 - Page Six
13.
State Hi~hwa]~ Reconstx~ctfon of Forest Drive and Redoubt Avenue
I have received no answer from the State as to my letter of complaint to them last
w~k. If I do not rmcmive an aaswer in the ne~ £u~e, I will make additional coni~ct
with that offico.
14. Water and Sewer Permit Fees
15.
We have on the agenda a resolution to raise from the table the water and sewer permit
fee ordinance. Since another public hearing is required, st this time the resolution
will simply call for a public hearing at a future date. tVe will have completed all
aspects of the ordinance at that time.
Little Ski-Mo
a. On the lot the Little Ski-Mo is located, there are two structures - a tx. after
(resfdenee) and the Little Ski-Mo (the business). In 1969, water and sewer tie-in
permits were obtained. In 1972 water and sewer connections were reported as being
made. As of that date, October 1972, bilKu~ 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 av_~!l_~ble but the Little Ski-Mo was not tied into
the public sewer. The Department of Health, State of Alaska, reports ttmt on 6-25
the sewer of the Little Ski-Mo was tied in to the line running from the trailer to
the sewer main.
The property has had sewer and water and was billed correctly. No rebate is
properly due. It fs reso~_m_ended that the motion providtn~ for rebate be rescinded.
b. Gusty Subdivision Lot 3 - New Ski-Mo. In 1970, water assessment calculations
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 1979., records indicate and apparent agreement to apay )~_~ of the cost of
sewer and water hook-up when no sewer line was found as indicated on the City
drawingsa. That was annotated on e 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 linea. In 1975, records indicate sewer lines had been extended by the
then owner as he sought relief from penalty and interest that he was then owing.
CITY MANAGER'S REPORT ~3 - Pege Seven
By inference ft agpears that by vii*rue of the allowance of $2,200 to the !es..a~
Fentai the Lessee had, in fact, extended sewev lines at hfs own expense. This is
furthe~ verified by the request fo~ relief of 1975, Logieslly, it follows that a pFudent
man would, when extending fac, fifties such as sewer, extend them to the de~,ee of
servin~ all identifiable properties in his control -- in this ease Lot $. It is, therefore,
concluded that the City could reasonably accept information that the sewer main
extension to fnelude Lot 3 dM exist. Claims for non-existence of sewer mains on
Cohoe or Birch Street extension abutting Lot 3 should, therefore, be made to the pre-
ceding owner of reeord.
A BLUE: IrLAM~ GC)MPANY
lEI4~O ~UILDING P.O. BOX eli4
October 25, 1976
City tom.il
City of ~mud
P. O. Box 580
99611
Gentlenens
Enclosed herewith is a copy of a recent letter received from.
you~ Finance Department, along with ou~ reply.
u~on investigation ye found that, prior to sending the letter,
the ~ri~_~__, had not read the lease agreement for the simple rea-
son that it could ~ot be £ound. ~e fail to understand ho~ a
~eference could be made to a contract vhich vas not available
for revlev, AG a taxpayer of GOIM yea~s standing in the cclm-
mind. fy we axe disappointed to see such htgh-hallcled I~et, hoda
e~)loyed by city enplx~,ees in their contacts vith us.
Very t:zul.y you:s,
~ U'I'Z. LITqZ S~I~/Cg CO1G'O1U~*rO*J~
C~.~ar L. Thfl~, Vice 'P~esident
O~/mh
· . O. Box S80
99611
Gentlenens
~efe~ence Ls M9 to youz lettez o~ October 22, 1976, ~u connec-
tLon vtth oGr lease payments on the ~at~al gas d~t~bu~Lo~
system Ln tho Cook Inlet :lnduatrJ~L A~ P~rk.
It vould appear that you azo Lu ezzoz in otat~g that ~ ~
of ~ l~e ~lca~ a r~~nt 2or ~ ra~ ~
~ly ~t8. Pl~e refu ~ P~a~ 6 o~ ~e ~los~
Very tzuly
col ~enat gtty ~ouncil
0
%cnmt Utility Service
Box 614
Kenat, AK. 996!1
Re: Quarte-ly lease payments
~entl emer.:
At.the :-equ~$t of the Fin~.nce Director, I ,~m hereby
tnformin~ you that heoinnir..c January !, 1977
quarterly lease payments t,tll no longer he ~cccpteq.
Since the terms of your tc~s: indicate
~e made annu~l!y, !~ ad,/~e, a~ ~rc!'J~e ~ the
due January ), 1977. ..
annually on July ! of e:ch y~:r,
policy, ~le~s~ feel free ~o cn~tPct ,a~. T~l: yru
for yo,~ coopcratton in.this
Yery truly yours, ~,., -
gccountant ....( .
Ross A. Kinney //
Finance Director
Oo
q
t?
' i".:': '
l~e following are ~
ratification:
To be approved for disbursement:
~rad Ragan Tlr. es
Xerox Corporation .
Xerox Corl~oration .
Decor Industries, lnc[
If ukon Office Supply
W~stcrn Fire £quJpmt I
Cross Consti~lction Col
Ga~lord Bros., Inc.
Motorola
I~!
IBM · '
Livi~'s Janitorial
'Wtnce-Corthell
To be ,ratified,
Travelers
RUSCO
NBA . "~
.Union Oil Co.
-Marathon Oil Co. ·
NBA '-
Alaska ~tate ~Bank '
- mFCU
Doyle' s Fuel Sv.c
$ over $500.00 vht~ need Corn
8661
8355
86~3
°8613
8617
8564
8324 .
8333
8334
881.04
blO.O0
970.60'
'538.00
562.71
792.18'
1,175.00
1,214j00
575.50
774..72
774.72
1,650.00
900.OQ
5,090.98
1,207.58
14,691. O0
31,664;98
4~216.38
4,216.4S
200,000.00
200,000.00
-:4,212.00
561.53
I approval or '
DESCRIPTIO~
- ' '1Tilll IJI.
Tires
Monthly charge
Copy paper
Lamp ~ reefer - new librar)
Desk i Chair-new library
Air Pak II
'Riser, rings f supplies
New libr~r~ furnishings-
Radio for Animal Control
Type~rriter - ne~ library
October janitorial s c
PLan :pre..paration. - airport
Medical insurance·
October utilities "
October'federal withol~nl
Pension ~itholding
~as
Gas '..
.T~D'-pur~hase ' ..
Credi~'un~on'with°lding
Fuel charges
CITY OF KENAI
ORDINANCE NO. 297-76177 (B)
AN ORDINANCE OP THE COUNCIL OF THE CITY OF KENAI, ALASKA, AMENDING
THJ~ 1976-?? GHNERAL FUND BUDGET BY INCREASING ESTIMATED REVEhWJES
AND APPROPRIATIONS IN TH~ AMOUNT OF $6,500 UNDER THE BUDGETARY GUIDE-
LINE ENTITLED "PUBLIC WORKS - STATE LIGHTING AGREEltqNNTa.
WI~REAS, the adoption of Resolution No. ?6-55 authorized the City Manager to enter
into an Illumination A~reement with the State of Alaska, Department of Highways,
for maintenanco of street lights, and
WHEREAS, the City will receive approximately $6,500 for partial reimbursement
of the powe~ costs, and
WHEREAS, the City is now responsible for performing all required m~tnt~n~nco on
the illumination system within the corporate limits of the City, and
WHEREAS, proper aeeountin~ practice requires t_~__~t all appropriations of City monies
be made by ordinance.
NOW, TilEREFORE, BE IT ORDAINED by the Council of the City of Kenai,
that the followi~ increases in estimated revenue and appropriations are
mde:
Ineresse Estimated Revenue:
State Lighting A~eement
$6,500
Increase Approp~.~ions.:
Public Works - State Liehtl~ AgTeement
Repairs and Maintensm~
2,000
4,500
PASSED BY THE COUNCIL OF THE CITY OF KEI~AI, thi~
November, 1976.
ATTEST:
JAMES A. El, SON, MAYOR
Sue C. Peter, City Clerk
FIRST READING..
SECOND READING:
EFFECTIVE DATE:
CITY OF KBNAI
RESOLUTION NO. 76-66
A RESOLUTION Ol~ ~ COUNCIL OF THE CITY OF KENAI, ALASKA, TO
RAISH ORDINANCE NO. 316-76, "AN ORDINANCE OF THE COUNCIL OF THE
CITY OF KENAI Aa~/-NDI~G THE 1976 KENAI MUNICIPAL AIRPORT REGULATIONS",
FROM THE TABLE AND SETTING A TIME FOR A SECOND READING AND PUBLIC
WI~RF, A$, the City Council, City of Kenaf, tabled Ordfnance No. 316-76,
an ozdfnanee amendin~ the 1976 Kenai M-ni_~pal Airport Re~ulatfons, deferrin~
the ozdfnanee to the K~-n-! Afrport Advisow Commfssfon for revfew, and
WHERHAS, the Kenai Aizlxn~ Advtsozey Commission met on Oetobe~ 9.8, 1976
and ~evlewed the o~dinenee,
WIIBBFAS, to pz~lde in aecord-,ee with law a public heart~ to enable the
publie to be heard.
NOW. THBRBFOlt8. BI~ IT RESOLVED BY TI~ COUNCIL OF ~ CITY OF KENAI.
that Ordimmee No. 316-78. "an o~dimmee of the Council of the City of Kenat
emending the 1976 Kenat Municipal Aflq~n-t Re,relations" is hereby z~ised f~om
*thet~ibl~ -and scheduled fro. second Feadin~ and publfe ~ on Novembm. 17. 1976.
PASSED BY TH~ COUNCIl, OF THE CITY OF ~. this 3~ A day of November. 1976.
ATTNST:
JAMBS A. ]~LSON, MAYOR
c. 't'et , city CLerk
CITY OF I~IAI
RR~O~ON NO. ?6-6?
A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI ACCEPTING BIDS
AND AUTHORIZING THE PURCHASE OF A POLICE PATROL CAR.
WHEREAS, the FY ?6-?? Poli~e Department budget included $5,000 foF the
purahaee or one patFol caF, and
WHEREAS, four bids were reeetved by the City or Kenai foF t~t__a patrol ea~,
WHERKAS, the low bid~ was Hut~Mn~ Sales & Serv~e, Soldoina, and
WH~RF..AS, thtl bM on a 1077 Chevrolet Nova is the only bid W'ltht~ the budfeted
NOW, THEREFORE, BE IT RESOLVED by the Coun~U or the city or l~enaf. Alaska,
that the City administration hereby accept the HuteMns Sales · Semdee bM on
one 1977 Chevrolet Nova patrol ea~ in the amount of $¢,405.23 plus fl'ef~ht.
PAfJSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, t~ 3rd day of
November, 1O76.
JAMES A. ELSON, MAYOR
Sue C. Peter', City Clerk
,]
CITY OF KEN, At
RESOLUTION NO o 76--68
A RF~OLUTION AUTHORIZING THE CITY ltL, qNAGER TO FILE A 8TATE~T OF'
OF ~~~S ~ ~ O~ OF R~ S~G ~DER~) TO
~~ ~ ~ FOR ~G ~ER PRO. IONS OF T~ P~LIC WOR~
~~T ACT OF
WHBREAS, the Publfo Employment A~ of 1976, Title !I, provides fat. dtsbm'sement
of Antt*Reeeesfan Revenue Shm*inf Funds, and- *
WHEREAS, the Off'fee of Revenue Sha~ Imo required by re~l~tions px*omul~eted
under the ALt certain assuFanees by recipient governmental traits.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Ker~i, Alaska,
that the City Council eeknowledfes the requirements Imposed by refulatfon
and esTees to abide by them and further authorizes the City l~ens~e~ to execute
the Statement of Assurances requleed by ze~ulation.
PASSIff) BY THE COUNCIL OF THE CITY OF K]~NAI this 3Fd day of November, 1976.
ATTEST:
JAMES A. BI,SON, MAYOR
Sue C. Pet~, City Clerk
CITY OF KEN~
RESOLUTION NO. ?6-69
A RESOLUTION OF THE COUNCIL OP THE CITY OP KENAI, ALASKA,
AUTHORIZING THE CITY MANAGER TO ENTER'INTO A CONTRACT WITH
CliRLSI'iNE SOARE$ FOR JANITORIAL SERVICES FOlt THE NEW LIBRARY.
WilElkEAS, the new bufldin~ houslnff the Kenai Communl~ L~brarF
fa to open to the publte on November 1, 19'/6, and
WHEREAS, it is neeessa~ to have Jsnt~n. tat services on the new build-
tn~ starttnf November 1, 1~6.
NOW, ~FORE, BE IT RBSOLVI~D BY ~ COUNCIL OF ~ CITY
OF K~NAI tlmt the City Nana~er of the City of Kenat is hereby authorized
to enter Into a eontt*eet with Christine Soares for Janitorial services for
the new tmildfnff housin~ the K,m~ Co~___~unit'y Ltbrm'y. Such ~ontraot
to extend from November 1, 1976, to June 30, 1977, and provide for eom-
pensatlon fn the amount of $300 pet* month.
ATI'BST:
J~MI~.S A. ELSON, MAYOR
Sue C. Peter, City Clerk
FOR J&~IT~IRIAL
_/
Yhis AG~n~gg~ENT e~__t__,~l Into thio 1st d~y o! Move~ber, 1976,
by end between the CITY OF KEN~, a home-n~le munfaipel ,~orpor-
stfon or the S:~e or Absh, hereafter referred to es City, and
CHRISTINE MARES, herebmfter referred to es Contractor.
b~_db,_~ upon the parties ~s fLdly .~ ff set forth verbatkn herefn.
O. TM0 ~ fdudl eommenee November 1, 10~6, ired ~
mmme~ set rozth below o
4. TMo eantrmt my be eeneelled by efthe~. 12~ty ~ my
ninon upon tMzq~ ~0) d~ys written notfee to the othe~ party. This
eontntet my be terming?ed by mutual consent with seven (V) d~s
6. City shell pay to Contre~tor the sum ?h,-~e hundred
- ~ (S~00.00) per month for performance oY the ~reed services:
Payment shell become due the flrs~ day of the month bllow~t~ the
~JANITORIAL f;£ItVICE~ CONTRACT, Page Two
City's property h the mm-se or f~nfshb~ mmh ~.
IN WITNESS WItBREOF, the parttes bare hareun~ set theh*
hands on the d~e set fro*th six,ye.
JANITORIAL SERVICI~$ CONTRACT. Pfl~e Tlu*ee
CITY OF KENAI, ALASKA
STATS OF ALASKA
THIRD JUDICIAL DISTmCF
3ohn F,. Wise, City
On this day of ~ovembeF, 1976, be~oFe me peFsonslly
appeu'ed John R. Wise, City qanage~*, known to be the person who
eze~uted the above A~Feement. end ~knowleds~d th~ he hml the
authoff~y to sf~n. for the ~ stated herein.
NOTARY PUBLIC FOR ALASKA
STATE OF ALASKA
THIRD ~JDIClAL JIlS~RICT
On thio day or November, 1076, before me peFson~lly
eppeln~ Clndstine Soares, known to be the peFson who executed
the id~ve Afreement, end f~knowled~ed that she Ired the sutlMFlty
NOTARY PUBLIC FOR ALAS .KA
My Cf~mm!~on Exph*e~
' :3.
oo
~h .~00 egrets 8~ bssebos~ area.
III II III II
~ OF KEZ~t~
~. ~Llne Janitorial service wX~ be scheduled during those hours that the
Library is closed to the Imblte.
2. ~h~ contract m~ be cancelled for Just cause on seven[?) d~s written
mottee. Contract m~ be terminated by mutual consent w~th seven (?) d~s written
3. ~h~s building is a~te~v.~,000 squ~re fleet. The eontrs~tor ShA~ be
reslmnsible to assure ~-e~f of the squs~e footage included in this contract.
~he ~ty furntshed ffigures are flor reference only. mad are not binding upon the
Ci~yo The City ~eserves the right to add or delete portions off the lmilding as'
requir~ by City operations, in which ~ase an equitable ad~uet~nt wi~ be mmfle
with the con~ prior to com~encmnemt or deletion of work.
2. JenXtort~ supplies aaa equipment ma~ be stored in the ~asitor's closet.
be su~ by the Janitor~l oontr~tor.
6. ~he City ~3 furnish ~ight bulbs and f~uoreseent tubes for the contractor.
~e eont~or ~1'~ notify the City as ~hese it~;~ become depleted.
?. ~he contractor's employees ~re to be thoroughly f~-- with the
· 8. ~e City Mesager vi~ designa~ 8n official to act as Contract Administrator
on 'h,l,~ behaXff. The contras'cot wilt be responsible flor prampt attention to any
defe~tive ~ork ~e~ to his attention by the ~4e~strator. LT complaints regarding
~an~tm~ services are sent t~ the contractor by ~53, the contractor shall act
ea the eomp2~4rt within ~wenty-four (2~) hours. If the complaint regarding Jani-'
~ ser~ee8 is de~ivere~ to the c~ by telephone or verb. A~y By the Ad-
m~tr~tor, the ¢ontTaetor s~3~ act on the Complaint on the same d~ the
Ns delivered. Iff the deficiencies are not corrected in the a~Xoted time, ~he
Ci4jy ~33 arrm~e to have the work done ~ud ~ eh--ges v~X be deducted from the
cmtractor's month~, l~man~.
9.. ~he eastraetor s~3 arra~e ~o lave a telephone, 'or an en~,ertnE settee,
5dmreBy he can be eont~te~.~t m~ t~ne. This number shaLX be ~iven to the Admin-
- d~r~t0r prior to award of contract. Shottld the contractor be aw~y fr~m the City or
e~w~Xse is not able to respond, he e~-~ des~n~te another person o£ aut.horXty
~O. The contractor's employees slml~ be capable and experienced f~ Jan~tor~X
-~orko They ~b~] be free fr~ e~inte~le ~_~ease. The City ma~ require remov~
fYem the work employees whom the City dee~s incompetent, Xnsubordinant or other-
wise obJeetionab2e, or whose eon~___~_ed emplgyment on the pr~es is dee~ed
mmtrm~ to the 'ImbUe interest or ~ueons~stent with the be~t interest o~ the City.
10, cont. The contractor shnl~ ffurntsh to the Ad~/nsitrator, the nm~es, add, eases
· ud telephone n~rs off .~l~ees ~r~ ~r t~s cont~t. ~ ~st sh~] ~
~pt ~t at ~ t~es.
2/. The contractor ~ay Be required to ~e. et v~th the Ac~tnistrat~r al. ~e.~t tvlee
each ~onth ~o conduct ~u /~spection of the pre~ses a~d to discuss perfformaoee of
$~e ~ork.
There rtl1 be no ~_h!~ren. f~lends or other un~uthor/zed persons allo~ed to
~eomlm~ the ~au/tors vh~le the bu/la~p~ is being cleaned.
The c~utraetor ond h/s employees aB-11 not d/sturb papers on desks, opon
dra~ers or cabinets cr use telephones /n the offfiCeSo
The contractor sBn~! obte/n ~ StateA~ T. teense and a ~ena/ Pen/nsul~
Borm~ Sales ~x number.
The contraoto~ ~h-~ ~.n'~ntnt~n ~ngurauee throughout the lifts of
~stion T-m~nce as required by the
City a~l contractor ~ losses vh/ch ~
da~ges for in~ur~, /nclu~tng accidental
for property vhich ~ arige fr~n an7
tract, vhether be those of the
or anyone directly employed by
~f ~ ~-~n~nce as follovs:
· ecident 8 total or
do, hfs ($ 0,0o0)
truetion of
and Property ~-~e Y~urance as the
~r t~s con-
, ~ ~t~or
of th~ ~d the
~d ~t leas t~ t~e h~
~ ~e ~ei~nt. ~p~
~t n~ less t~ fl~
~ ~b~eet to that l~t per
not less th~ ~t~ third
C. A
dollars
Bond in the
cover the contractor and
of five thous~
~he City, its
u~de~ ea/d
the Ct
agent and e~pZoyees shall be n~e~ as
eertiff/e~tes of /m~urance aha/! 'be filed
certificates shall /n~teate tlmt the policies
~ pr/or notice ~o the City.
interest
and 8pproved
be cancelled
/ts
shall /ndemnif~r and hol~ harness the City of Ken~i and/or a~
c]-~-- for dm~ges of m~y e~er
or servants frmn m~r and ~ suits or or persons or damage to Pro~ert~ ~
~ in, ur/es sus~ed by e~ person
/
CZTY OF KENAI
~ES0LU~XON ~0. 76-70
A
A I~SOL~TION OF THE COUNCIL OF THE CZTY OF ~I ~ING ~~
~~, Ho~r ~ec~c ~soc~a~on has re~esked cer~n utili~
~, ~e ~c~l f~nds ~t ~s~z~le ~ ~t such ease~n~
at no cost ~ ~e in,rest of pro~ng util~ties wi~ ~e
CLX, ~d
~~, s~h ~n~ ~11 not necess~ta~ ~y ch~ge ~ ~e
~e of ~e 1~ on w~ch ~d or affect ~ ~y way presently
pro~ecMd plus for ~e ~e of su~ l~d.' '
~, ~~, BE IT ~OL~.by ~e Co,oil of ~e Ci~ of
~, ~, ~ foil,s:
1. ~t ~e foll~q eae~ ~e ~r~y ~d ~
a. ~ sou~ ~n f~t of ~t 7, E~i~ s~vis~on,
b. A s~p 29 f~t ~ ~ ~oss~g G.L.O. ~ 163,
~64 ~d 1T0, ~e =~r~e ~g ~scr~d as
fo~s= ~g~g at a ~t 11.6 feet N 69~ 12~
45' W f~ ~ Sou~t co~r of ~t 1, Block 6,
~t Te~a~ S~~on, ~en=e S 21~ 52~ E
~~L~ 435 f~t ~ ~M~ect ~st~g ~er
~t ~ C~.~qer is ~y au~orized ~ e~cu~
~ ~n~ ~cessa~ ~ affect ~e foregoes.
PASSED by the Counc£1 of the City of Kenai, Alaska, this
day of November, 1976.
JAMES A. ELSON, MAYOR
sue C. Peter, City Clerk
aomm ~LF.C~RXC ASSOCXI?XOS ntoa;r oF UA¥ EssEm~r .. ]
-(hereinafter called Gran~or(s) to~' gob"~ and valuable considerat~on, the
receipt whereof is hereby ac~_~ow_ lodged, does {~) ~reby grant ~ HO~
g~C ~TX~, l~C., ~ Alao~ Ele~r~l ~perat~ve ~ration,
~ X~ ~A~Apal ~a~r~r8 ~in~ I~ in ~r, Alaska, (~re~f~r
en~r for ~
~t~g in Section ~-- ~aship. ~A; nangn
~!_m Grant gives the Cooperative, its successors, assigns and licensees,
~he right to construct, reconstruct, repair, operate m~d ma~ntLtn, over,
under, along or emil the above deecr~ed land, m~S/or at~eet, road or
ILl, way ~butZing said land the following~
· hio Grant includes the r~ght of t~jrese and egresa to s~td property,
to J~spect and make such repairs, changes, &Iterat~ons, ~mproven~nts, removals
rrm, lubs~ttutions and horizontal or vertical additions to its facLl/t, tes
mo the Coo~retive may from tim to tine deen advisable ~ncluding, but only
by way of ISLe and not by way of limitation, the rlght to Increase or
decrease the nuaber of poxes, conduits, insulators, vires, cables, eonneetXon
boxes, traasfomara and t~ansfomer enelceures either on the underground or
overhead lines, or ~yitmul to cut. tr~m and control the ~rowth. by
or otherwise, of f~ee~ and ihrubbery or roots located vtthAn
Of t2~ ~nf:~l/~e Of f~ld eMN~Ja~md or underground lJ~e8, or syatem, or t.b~t
my interfere with or tl~eatan to and~9~ t~ operat~ton and
of said l~noo or oyst~a.
C0op~ative shall have the right to license, pez~tt or o~_~w~ae agree
~o the ~oint use or occupancy of the poles, lines or system, uhe~her ov,rhead
OZ underground, with any other person. Association or CorporaLton.
Tho undersigned agree that ell £ecLltt~tes installed over. under, along
~r ms tho above described lands it the CoopereLtves expense shall
tho propezty of the Cooperative. re~ovable at the option of the CoopereLtve.
· h* und~sLgned covenant that they are ~he ~mere of the above descrU~d
land~, and tlmt the s~td lfmds ere free and clear of encumbr~ces and liens
of whatsoever character except those ham by the £ollorlng persona:
131 WX~ES$ SfHEREOF, t. he ~mderoi~jnod have sot their hands
thf~ day of , 19 ·
day o£ 19
to me kn~n and to mo known to be tho
~ndividual (s) named in and vho ex-
ecuted the £orogotng instrmmmt, and
each acknowledged to ne that he/she
stoned and sealed the s~me £r~el¥
~)rAR¥ ~Lml~C in 'a~ for A~aska
~ ' F K O'IV)
?li
I
I
I I
I
:!
.!
ETOLI N SUB.
...... ~o~..~ .......... ~.a~, ~, .... ~_~ ~ ~ ~' ~,..
.HOXER ]ZLZCTIilC ASSOClA?ION RIGHT OF ~ EASEMEH?
~hereinafter called Grantor(s) for qo~d ~nd valuable consideration, the
receipt whereof is hereby acknowledqed, does (do) .hereby grant unto HOMER
ELECTRIC ASSOCIA~IOIq. INC., an AlaeJ~t Electrical Cooperative CorpoE&t~on,
~th its principal headquarters being locet~d in Homer, Alaska, (here~neft~r
called the 'Cooperot~ve') ~ul to Its successors or a$$Lqns, the r~ght to
olJtor for the purposes dancr~bed below, u~on the land of the Grantor(s)
A strip 20 fee~ in ~ c~osainf G.L.O. lots 163, 16~, a~l 170,
~he cen~e~ Ltne bein~ desc2dbed as follous: Bei;fmnl~ a~ a potn~
11.6 feet N 60° 12' ,$~ ~1 ,%~ the Sou~ East Corrl~ of Lot 1, Block 6,
lted~c T~ S/D, 1:hence S 21° 52'E apprm~ ~35 feet t~ int.~z.sect
king ~n section $ ~o~nsh~p SN hn~e ~ ,Seward
~.
thi8_ day of , 19 ·
befoze M appeared
day of .19..
to me known and to me knmm to be f~o
Ln~tvtdual (e) nesud in and vho
ecuted the fore,oleg tnstnment, and
each acknowledged to me that he/she
and volunt~rLXy.
CITY OF KEN~II
f. O. BOX S80 - KENAI, ALASKA - PHONE 283-7S3S
Roes Kinney, Fimmce DLreetor
~eOM: Emily DeForest, Ltbrar/~m
0etober 2~, 1976 ~E~E~NC~ Librar7 l~u. nttau-e
M~. T~-~r~- has co~le 'tc~ i-~,~.l&t'.on of %1~ l~br~y s~lg~ ~a ~ r~
e~ ~ of fo~. ~e co~ect st~ls ~. ~ e~st~eted ~d sent, d~ks, ~c.,
~e ~ 5ea~le ~d shoed ~ here n~ v~k..'.' ~1 c~ter~ ~ ~ ~e~ on the
,~?~ :' /:~.. - .,,,-.
~. ~-~ ~ ~s~ ~ bt~'-a~"the cOntr~t c~e for 90~ p~ent on
~ ~ti~ off the ~~e.
~f t~ ~ ~te~.
P.O.B~XSO9 -
Invoice 9334~ Customer's Order
S
o ~~
O
Dote
$
H
I
P
P
E
D
T
O
CITY OF KENAI
P. O. BOX S~0 KENAI, A~ASKA 99&J!
October ].9, 1976
TO: Ph~lltp Abet, Director of Public Works
PROMs Howard Hackney, Project Representative
SUBJECT: Periodic Cost Estimate No. 9, Kenai Library
Items Remaining. on the Checklist
(2) Soap Di$~ensers to be installed.
Defective range hood to be ac . .
Adjustment to be made on .flashy!hq hol,d down clips.
Weather stripping on '[ront'door. (This i~em was not required
but tlr. Gamble said he would install it.)~ ~....:
feel the retatnaqe Of $1,000.00'~s more tha~ adequate to
~nsure the completion of these items. I-recommend payment
of cost estimate no. 9 '-in the amount of $23,083.00 to
Coastal-Gamble. ",~ .. /'~ J ;U J
BH/eh ...... ~...-
COASTAL- GAMBLE
GENERAL CONTRACTORS
ANr..A4ORAG~, ALASKA 99502
¢tty of Kenal
P. O. Box 580
I(enat, Alaska
99611
Reference: Kenat Coz:~unt~ Library,
Kenat, Maska
Subject: Pa~menL Esttma~ I~o. 9
a. V.
15 October 1976
75-4
Transmitted hero~th please ftnd five copies of our p~ent estim~.t~ #9 t~ t~e amount
of $E3,083.00. The enclosed pay;ent esttmate allo,s $1,000.00 reca~nage to insure
~=pletton of the weather strtptng on the front door, the soap dispensers and the
We hope to have all three of those tte;s completed ~tth tn the
.~.defecttve range hood.
next week or ten d~ys.
1;e sincerely hope'that the enclosed paj~ent estt~te~eets ~thyour approval.
Yours Truly: "
Demtne ,,1. Gamble
E~closures
APPLICATION
PROI£L'T:
{name, address)
TO (Owner)
ATTN:
AND CERTIFICATE FOR
Kenaf Community Ltbrary
Kenat, Alaska
Ctty of Kenat
P. 0. Box 580
Kenat, Alaska
PAYMENT
PAG[ ONI~
CHANGE ORD£R SUMMARY
99611
A~C,t~[(:I. Lane, Knorr & Plunkett
ARCHI Il( ['~ I'ROIL(:! .N()- 7501
CON [RAC TOR:
CONTRAC ! FOR:
Change Orde~ approved ~hDI110%.~
In prewrn,s monlh~ by
ro~t 18.710.
~u~ ~roved
{d~te}
tOTALS
,Ke! change blt C~nge O~der~ $. 18,710.00
C~n~ of:
~ntf~lur ceflifi~ thai the Wo~ tovet~ ~ thi~ Appli-
all a~,i~ ~,e !~ ~d b~ him fo~ Wm~ fm ~t~
Ce~i~ for Paint were is~u~ a~ ~ ~mv~ flora
~1 lira ~,~1 payroll ~wn ~e;n is ~w due.
C0RSTAL-G~tBLE ~I.V.
General ~onstructton
APPLI¢'AII()N i)AT[: 10 August 1976 APPLICATION NO: g
~,[.~¢)t) ~'Ro,~- 10 August 1976 TO 10 October 1976
Apuhcat,)tl ~ made for Pa~,ment, a~ shown below, in connection with Ihe Contract.
Continmfion Sheet, AIA Document GT02A. is attached.
The pre-eot ~lalu~ of the account for this Contract i.~ a~i follow, s:
ORIGINAL CONTRACT SUM ...................... $ ~o nnn nn
Net change by Change Orders ................... S , 18p710.00
CONTRACT SUM TO DATE ....................... $, 466,710.00
TOTAL COMPLETED & STORED TO DATE .......... $. "466,710.00
(Column G on GT02A!
RETAINAGE ~~% ........................
or ae noted in O~lumn ! on GT02A
TOTAL EARNED LESS RETAINAGE .................. $.
1,000.00
465,710.00
442,627. O0
[ESS PREVIOUS CERTIFICATES FOR PAYMENT ........ $.
23,083. O0
CURRENT PAYMENT DUE .........................
Comra~r:/~0RSTAL-f.d~E ~l.V. Sob~cribed and,~om lo ~f~m~ ;hs~ ~5 ~v of 0c~ber
N,,,aw P,,~,c:
~~~ Ddt,,: 10-15-76 My ~mmb~k,n ~b,~:..,~ .8'20'79...
with lb' (.ontra( t a~ this A~li~tion fl. Paym~t the C~ntractm is ~titl~ to payment in the` amount ~hown
&d~itKl:
2 PA£1~
By:
· - 76" '""
._
:
[] A~CUlflCl . ·
I'1 CONTRACTOR
This Certificate is tint flt~ohable. Il i~ payable only tu the payee named hereto and it~ i~suance, payment anti ac4.eptance afc without prejudice tn any riRhl$ o! the, Owner or Conlracf0r under their Contrail.
AIA DOCUMS~I~ · APPLICAI'tON AND CERTIFICATE FOg PAYM~I~T · MARCH 1971 EDJTIO~I · AIA~)
~) 197~ · THE .,~ICAN INSTITUI~ OF ARCHITECTS, 173S NEW YORK AVE., N.W.0 WASHINGTON, .
CONTINUATION SHEET AIA DOCUMENT GTO2A P^GE 2 OF
AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYM£NI, conlainin8
CONI'RACTOR'S signed Ce~lificalion is atlached. APPLICATION NUMBER; g
In labulattons below, amounls are staled to the neares! dollar.
Use Column ! on ConlMcl$ where ratable relainage for line items may apply. ARCHITEC1'S PROJECT NO: 7501
..... ST~RED 1OTAL COMPETED AND
NO. VALUE P~-m~ Th~s ~RIA~ STOOD TO OA~ TO FINI~
1. Earthwork 59,962.00 59,962.00 -0- -0- 59,962.00 100
2. Asphalt Paving 16.387.00 16,387.00 -0- -0- 16,387.00 100~
3. Concrete & Reinforcing 44,355.00 ~,355.00 -0- -0- ~,355.00 100~ -0-
4. ~sonry 43,998.00 43,998.~0 -0- -0- 43,998.00 100~ -0-
5. Misc. ~tals 3,119.00 3,119.00 -0- -0- 3,199.00 100
6. Ca~ent~ 32,672.00 32,672.00 -0- -0- 32,672.00 100 -0-
7. Heavy TJmber Const. 36,591.00 36,591.00 -0- -0- 36,591.00 100 -0-
8. F~nJsh corp.,wd, doors
& windows 16,785.00 16,785.00 -0- -0- 16,785.00 100
9. lnsulatton& V.B. 6,457.00 6,457.00 -0- -0- 6,457.00 100~ -0-
10. Roofing & flash. &~.P. 19,996.00 19,996.00 -0- -0- 19,996.00 100~ -0-
11. Hollo~ Me~l ~ork 3,604.00 3,604.00 -0- -0- 3,604.00 100
12. Ftn~sh Hardware 4,194.0D 4,194.00 -0- -0- 4,194.00 100 -0-
13. Blass & Glazing 1,960.00 1,960.00 -0- -0- 1,960.00 100
14. 8yps~a11~ard 6,597.00 6,597.00 -0- -0- 6,597.00 100 -0-
15. Floor, Carpet & MarlJt~ 11,593.00 11,493.00 100.00 -0- 11,593.00 100; -0-
16. Painting & TapJng ~5,530.00 15,219.00 311.00 -0- 15,530.00 100
17. BuildJng Spec. & Equip. 6,724.00 6,387.00 337.00 -0- 6,724.~ 100 -0-
18. CabJne~ 7,644.00 7,644.00 -0- -0- 7,~.00 100 -0-
19. ~chanJcal 76,054.00 76,0~4.00 -0- -0- 76,054.00 100
20. Electric1 33,778.00 33,778.00 -0- -0- 33,778.00 100
21. ~.0. tl 316.00 316.00 -0- -0- 316.00 100 -0-
~. C.0. ~3' 1,098.00 1,098.00 -0- -0- 1,098,00 100 -0-
~4. C;0. ~5 16,675.00 16,675.00 -0- -0- 16,675.~ 100
SUB TOTAL OR TOTAL 466,710.00 465,g6~.00 748.00 -0- 466,710.00 100
AI~O~U_RL~ · CONTINUATION SHEET · MARCH 1~1 EDITION · AIAe · O. 19]~:~.
TJ~AM~J~C ~..~qSil~UTE O~ AJ~HiTECi'S, 1~ N~W YO~ AVE., N.W., WASHINGTON, O. C. 2~,~,~. ~-'
PERIODIC ESTIMATE FOR PARTIAL PAYMENT CO..,ACY mC,.
NAME A#D'L'OCA?S 01 PROJECT '
Iopro~e~t~o Yater ~ugply ~d ~£~tr~bution G~st~., 1~7~, ~e~ai, A~2
;__~ __ '~ ,
PlCmO0~ ~S?mT1.0. . eon PinJO0. __. TO ~t..__.
1. COST OF ~'GRK CG4PLF.¥1~i~ TO D*TE UNDER ORiGiNAL CONTRACT ONLY '"
£n~ei mus~ be t;miced ~ w~ ~ c~s ~ff ~e o~ c~ ~l~.
~TAAGT
IT~M -
~ ~ ~. ~' D~p~ ~ 8.~ 1~,~.~ 0 0 17,~.~
9 1~' u.Z. va~r ~ ~ ~.60 8,816.~ O o 8,81~
~ ~-- 1 ~ I~.~ ~,~.~ o o 1~.~
~ ~ q.~ q,~.~ o o q,~.~
16
~ ?.~ 1~,~.~ 0 0 1~,~.~
17.
,18 ~ x 1~ h ~? C~v~ 1~ ~.~ ~,~.~ 0 O ~,~.~
1~ ~ove Ut~ Pole 1M 1~.~ 1~.~ O O 1~.~
1~ ~' Gt~ V.~ ~t
'1
TOTAL OF COST C~U~NS ~,~-~ ~),7~.~ ~,~0~.8(
% .
2. SCHrDULE OF CO#TRACT CHANCE ORDERS
~ L ~ALY~S OF ~JUSTE~ C~ ~ TO DATE
~ ~Y~S OF ~K PERFUMED
~ G) ~A~AX~ DUE ~ PA~
; ~ CE;:TIF~TION OF COXTRACTOR
L ~IFI~TI~ OF ~C~E~ O~
(C~(~ Orrk~t)
EDA #07-0t-0t694 A
PEJEIODfC ESTIMATE FiR PARTIAL PAYMENT
X~ ~, ZNC,, P.O. B~ ~16~, Anchorage, ~as~ 99~9
L ~T ~ ~OR~ C~PLETED TO'DATE UNDER ONGINAL CO"TRACT ~LV' '
I
ZO. V~X ~me relo~te I ~ GS,~.~ 30 I X3,5~.~ 31,500.00 30
d. 4~hr. ~r deve~p 11,~ ~ 8.~-~ ~ ~ ~ 8.~.~ ~
b. O~11'& ~ 1~' v/16" ~
~d, a~t/nS I ~ ~ 30,000.~ 10 3,~.~ 27,~.~ 10
- , 9,~.a l,~,~ 90
30. ~ectri~l {
4
II I I I II .... I ~ ~ I!11
~DA /07o01o0165& A
P~RK)DIC ESTIMATE FOR P~TlaL PAYMENT
I. ~ST OF YORK ~PLETED TO DATE U~DER ORIGIHAL C~TRA~ ~LY ' ' '
~a~
~o (9). ~t r~c~t ~tio ~ column ~ to
~Y Of
c. ~m $ fittin~ " I ~ ~,G.~ -~ ~ ~,~.~ '-~
e. ~ & ~.
b. ~*1. ~rr. 1
-j
TOT~$
~ ~Y~S O~ ~JUSTED CO~TRACT AMOUNT ~O
67S.O~.flO
L ~YS~ OF ~RK PERFUMED
162.~58.~
~ Ct~TW~AYt0~ 0~ ~H~CTOa
~d
SPP~IAL US1]
(Not to be used for a period of
time in excess of one year)
The CITY OF KE,~AI for th~ considerations and pursuant to the
conditions and requirements set forth below hereby grants to:
Coapany Name: genaiAirServ~
Authorized Representative: Hr. Bud Lofo~dt
Billing Address: Box 3721, Kenato Ak. 99611
heroina£ter sometimes referred to as the PI~IUII _TTE£~S).tile .~ht
1. Tem: This special use permit shall commence on the
l~-2~-~of Hatch , 19 77 , and shall extend to
ma~ thrb~gh the .3~th__day of ~e . 19,7~. .
2. Pemit Fees: ~e Pea/tree(si, prior to the exercise
o~y privtlege granted purs~nt to this pomtt, s~ll pay ~or
~e ~e or privilege specified hcre~ a ~ee as ~dt~d below:
(a) A to~l fee of ~ ~X.S0 iff ~11 pa~ent for
the ~e of pri~lege specified heret~
(b] A total fee of $ N/A payable in.
installments commencing on the first day of the rem hereof in the
amount of $ N/A and additional subsequent installments
in theamunt o~ $ H/A , payable ~/A . . .
(c] A.fee computed at the rate of $ N/A per
, SlA ·
(d) In addition to the foregoing payments, fees and rents
specified above, the Pern~ttee(s) agrees to pay to the City
·
3. Right of £ntr~: Entr~ and occupancy is authorized as of
g~o.~day Of ~, 1977 ·
4. Place and Time o~ Pa~ents: Ail pa~ents shall be made on
or before ~h'e date duc tO the City Clerk, Ci~ ~inistration
Building, genat, Alaska, or by~iltng to the follo~inf address:
City o~ KenaZ, ~x SS0, Ke~i, Alash 996~1.
S. Use~ ~e ~o by the Pe~ttee(s) of the premises described
mbove is l~ted to the pu~oses specified herein and is not iatended
to grant any exclusive use to the described premises unless cthe~ise
p~vided above. ~ts use is also subject to ~e reasonable admini9*
t~tlvo actions of the City of genai ~or the protection and ~intenance
of t~pr~ises and o~Jac~t and conti~ous lands or facilities.
Page One, SPHCIALUSE PHRMIT
oo
oo
6. Insurance: Per~ittee(s) agrees to sure the City harmless
from all actions, suits, liabilities or damages resulting from or
arising out or any acts of commission or omission by the Permittee(s),
his agents, employees, customers, invitees, or arising from or out
of the Per~ittce(s)' occupatlon~ o~ vse of the premise~ de~Ised,
or privileges granted, and to pay all costs connected therewith. In
this connection, the PcrmLttec(s) agrees to arrange and pay for all
tho following:
(n) Public liability insurance protecting both the City and/or
its agents and the Permittee(s), such insurance to be evidenced by a
certificate of insurance shoving the insurance in force. The amount
of such publtc liability insurance shall have limits not less than
those known as
(b) Permittee(s) agrees to carry employer's liability insurance
and ~or~men's Compensation insurance, and to furnish a certificate
thereof tat he City.
Cc) Insurance contracts providing liability insurance and
· orlmen's Compensation shall provide for not less than thirty (20)
~ays ~ritten notice to the City of cancellation or expiration or
substantial change in policy conditions and coverage.
(d) Per~ittee(s) agrees that ~aiver of subrogation against
the City shall be requested by Permitteo(s)' fmsuror, and shall be
provided at no cost to the City.
7. Forebearance: Failure to instst upon a strict compliance
uith the terms, conditiOnS, and requirements herein contained, or
referred to, shall not constitute or be construed as a waiver or
relinquishment of the right to exercise such terms, conditions or
requirements.
8. Relulations: The exercise of the use granted herein is at
all times to be subject to the regulations gove~htng the Kenai
Nnnicipal Airport titled '~enai NunicipalAirport Regulations", '
issued in 1976~ By st~ning this permit, thePer~ittee(s) aclmowledges
that he has received a copy of said regulations and has familiarized .
hi,self therewith and will comply wSth the requirements of said
regulations.
9. Solicitations: Solicitation of donations or the pro.orion
or operation o~ any part or kind of business or co~mercial enterprise
not contemplated by this Special Use Permit upon, in or above airport
lands without the urttten consent of the City, is prohibited.
. .lO. Re.oval of PropertT: Any or all personal or real property
place~ or used upon lands or in facilities in violation of the
preceding prohibitions ~ay be re~oved and/or impounded blt the Ctt~
of Kenai, and when so re~oved and/or impounded, such property may be
redeemed by the o~ner thereof only upon the palment to the City of
the costs of re~oval plus storage charges of $1.00 per day.
CITY OF ~
GlVi~ UNDF-R M~ HAND AND SLqL OF OFFICe, this .
19 .... .
, day of ,
NOTARY 'PUBJ, I~ FOR
My Commission F~pires
PaSo '/~o, SPBCIAL USH PHRMIT
B
O_~...UNDBR NY HAND AND SEA~ OF OFFICe. this // v~_ day Of
~ - . ', 197& . --
Three. SPECIAL USE PHRMIT
b
-- ~111I
CITY OF KENAI
ADMINISTRATIVE REPORT ~4
Adm .fn. istrsflon and Finance
Ah'pm't Study/OFdinanee
Last _n_fzht the Airport Advisory Commission met and they discussed the
af~ erdinanee smd the PRG Grant application fox* the ADAP study on
the airport. Durin~ the meeting, we resolved the pFoblems relative to
the ah*pert ordinance and the ordinflnee has been emended to delete
eertain restrictions on helicopter take-off and landings barring them
from the main runway. TMs, I believe, will meet the primary objections
as expressed at the last Council meeting. The Commission also dfseussed
the proposal.from consultsuts relative to the PRG gFant applieatfon. We
were su~sed at the requh-ements both tn man-hours end In cost. I
have p~epared a letter puFsuent to discussion to request additional Infor-
matien f~om the consultants and a rovislon of theh. proposal so that the
Commission con make a more e~e~L;~e value Judgement as to the proposal
Reveme SharLuf
On the a~enda is a resolution autho~_~ the Mena~er to enter Into a
"Statement of Assurences~ to the Of~ee of Federal Revenue Shax*lng
pez. talnfn~ to special revenue sha~ antl-z'eeessionm~ funds as a part
of the Feee~t Public Works Employment Act. At this time, we have no way
of determining the ,mount of money tlmt may be famered by the City. It
fo noted that the pro,'mn only lasts for five quarters and is a special
"one time" funding. Upon receipt, of course, the Council will be advised
of th8 _~,.,~t,,,~ ~e~e~.
Police Co~ BM
A Fesolution on the a~enda provides fer the award of bid for a police ea~-.
The recommendation is for awaz*d to purchase a ChevFolet Nova. It appears
that the cost shall be under the appFopFfoted sum. The only questionable
aFea on the bid is the actual amount of fre~ht which may perhaps exceed
the $5,000 limitation. However, such is doubtful. This has been z'evfewed
both by the Poltco, who solieitated the bids. end the City Shop as to the value
of the various veMeles submitted by several vendors. We had four bids
and this by fez* is the best bid foF the purposes of the Paliee Department.
ADMINISTRATIVE REPORT #4° Pa~e Two
o
Janitorial Contract- Ke~at Community Library
A ~esoluflon on a Janitorial Contract fo~ the new Hb~at*y is attached authorizing us to~
enter into a contract fo~ Janitorial services for the new lfbFaL-y facility. The
contract is not as we would specifically desire, however, ft~ the best that we can
afford at this partieulm, time within the availability of funds. What I am
specifically relating to here is that we are unable to.requi~e the insurance'
protection that we would normally expect of a vendor. However, to obtain
this means that, of eom*se, that om. costs would also increase and obviously
exceed the available funds.
Street Lights
On the afenda is an ordinance provtdt,g fro* receipted revenue of the street
lights funds w_h_!oh we will be reimburs.,;d for by the State end also fo~
appropriations of almost all of the monies. We must appropriate funds to
provide fro* the maintenance of thr ~-~-eet lights. Additlomdly, we have
detm*mined we a~e actually und~budget for the utilities costs of the street
lf~hts not only on the Spur but in ou~ Fesiden~_~ areas. This fs why we have
included such a sum in the utilities portion of ~ particular ~dinanoe.
EDA Inapeetm"8 Con2aet
In ~ contact with EDA, it was determined that it would not be feasible
to obtain a direct contract with Mr. Pein*son fo~ the inspection of the well and
teansmissfonline. We have, therefore, placed him on a temporary hire and
are paytn~ him directly from the EDA Capital Improvement Project as a regular-
employee. The reason we could not pick him up as a contracted inspector
fs because of the inability that he would have to obtain the requt~ed insurance.
To obtain such would have required a teemendous fne]~ease in cost for him and,
Bills for approval and ratiflo~ff~m
We have a number of large bras that will be listed on the from for approval
end ~atlfleatisn. I have reviewed them all and all are, wht~e large, appropriate
from a variety of items fo~ the librat*y to the gat*age -- recap t~es for instances
and all have been properly appropriated. Addt_ffonally, it should be noted that
the~e are several specific requests for payment relative to major construction
projects.
EDA Watm.* StoFafe Resezwoi~
We have submitted the appHestion for the water storage reservoh- to the
Seattle _off~__o-e of FDA. Hopefully, we will obtain approval Of that project.
ADMINISTRATIVE REPORT ~4, Page Three
Department of Public Works
EDA Water Well and Transmission Line
Activity fs proceeding at a relatively rapid pace with the erection of the
drill x*~ and eonstderable line fox. the transmission line has been laid ineludin~
now operatin~ on the south side of the Spur Highway approaching the Well
House No. 1.
Snow Removal
Snow x'emoval has moved rather weU. Attitude by the publfe hn_~ been relatively
good. Normal eomp~ts are being reesived from apartment owners e~d certain
business owners relative to the berms which we are forced to leeve in front
of their property. While these are not planned or designed, we regrettably,'
in moving thrau~h as fast os reasonably safe and eff~ient are for~ed to leave
certain berms. $_~e_e t_h_'~ is private property we have no *rffht of entry~
and we also simply do not have the. capability of re-running the streets or
~ down to make a more positive ~ff_,~t in plowin~ t_~ streets.
The Department of PubHe Works report is abbreviated beeause of the eontinuin~
efforts by the Deparhuent to work on the streets in their plowing efforts and other problem
areas which are normal to City setivitie~ More data will be presented by the l~lanoger
at the Council meeting.
KIiNAI PENINSULA BOROUGH
AGEIfl}A FOR REGULAR ASSI~LY MEETING
NOVI~ER 2, 1976; 7:30 P.M.
BOROUGIf A~IINISTRATION BUILDIEG
P. O. BOX 8S0
SOLDOTNA, ALASKA 99669
- A G E N D A - ASSEMBLY
A. CALL TO ORDER AND ROLL CALL
B. PLEDGE OF ALLEGIA}ICE AND/OR OPEND;G CEREIIONY
C. SEATING OF N~l~ ASSEMBLYMEN
[a) Report of Cnnvassing Board
(b) Res. 76-41 "A Resolution Certifying the
Results Of the Runoff Election, October
26, 1976"
D. AGENDA APPROVAL
MINIITES: October 12 and 19, !976
F. ORDINANCE HEARINGS (none)
G. INTRODUCTION OF ORDINANCES:
(a) Ord. 76-65 "An Ordinance Concerning Rezoning ~
l~l-~h~ City of Sct~ard" (Laubner Subd)
il. PUBLIC PRESENTATIONS (with prior notice)
(a) School Board, Nova,bar 1, 1976
Cook Inlet Air Resources Mgat. Dist.
) OBDP Co~mittee
(dj Sales Tax Co~tttee
J. ~{A¥OR'S REPORT
(aD vl i.g Direct. o,i ion --
K. S~L CONST~C~ION ~PORT
(s) Furniture List - ~omtr Hiddle School
L. O~R BUSIEESS
(b]Request for Approwl of Alyeska Session
~r. Fischer ~ CiW
(~] Waiver of Pe~IW; ~Iph Mooa~
M. ~YOR ~ ~S~LY: CO)~?S
~BLIC P~L~?A~IONS (none)
P. ~T ~I~G: ~ov~er 16, 1976. Borough A~tntstration
~utlding ~ Soldotna~
~a~rick 4
Johnson 10.67
NcCloud 7.5
Nika 9
O'Connell 9
Oldow 7.5
Branson 9
Cooper 10
Corr 9
Davis 9
Douglas 9
Elson, Ja. 10.66
Elson, Jo. 10.67
Fields 9
Fischer . 9
J
KEN~ PLANNIN~ & ZONING CONNISSION
REGUIJ~ NEETING OCTOBER 13, 1975
~ITY HANAGER*S OFFICE 7:00 P.M.
ROLAND RAYMOND, VICE-_~f~_AIRMAN PRESIDING
ROLL CALL
Present: Roland Raymond, Nick Miller, Cliff Heus and Mike Hamrick
Absents Ron Ralston
.Ex.-Officio ~_mber Present: Betty Glick
Others Present: John Wise, City Manager, Howard Hackney, Build/hq
Inspector, Vern Lofstedt, Gerald Wasson and Jerry Sibley.
2. PUBLIC HEARING (Request for Variance from Minimum Side Yard
Requtre~_~_-_t ~u a T-4ght Industrial Zone: Kenai Air Service, Inc.)
Vern Lofstedt, representing Kenai Air Service, stated that they
w~shed/to construct a new 80* x 90* hangar on the south portion of
the~r~.Xot. The hangar will.have a 60' door to enable Kenai Air
ServiCe to service larger air'craft. In constructing his hangar,
~hey will be coming out very near to their property line
and are requesting a variance from the usual ~iftoen foot side
yard requir~_-~nt, as ~hey ~eel that there ts a real need -'or th~s
new hangar.
Mr. Heus asked where the new hangar was located on their lot.
Lofste~t stated that it would be on the northwest portion of the
lot.
Mr. Hamrick asked the reason for
that tilts size door was required
50* door would be sufficient but
plan to construct this hangar to
they plan ~o eventually service.
the 60' door. Mr. Lofstedt stated
due to wing span. Presently, a
they hope to continue growing and
meet the largest requirements which
Mr. ~amFiCk asked who leased Lot 2, which is adjacent to Kenai Air
Service. Mr. Gerald Wasson stated that he ~eased tl~Ls lot. Mr.
Wasson stated that presently their building was located 60' from this
Mr. Jerry Sibley stated that their plans for lot 2 were to build
toward the tax,way during future expansion. They constructed their
present build/hq in the center of their lot with the idea of
expanding toward one of their boundary lines in the future.
Mr. Wamson stated that they were concerned about th~s matter and that
£f the variance was granted to Kenai Air Service, they would expect
.the same consideration when they decided to expand on their lot.
PLANNING AND ZONING CONNISSION
REGUlaR NEETING OCTOBER 13, 1976
Item 2, conhinued)
Hackney stat. ed tha~ this ~ould have to go through ~he Sta~e F~re
Naraha~s o£fice and he ~ould determine wha~ type of t[ire protection
~ou~d be ~equ~red.
~r. Raimond stated that pa~king space vas shown along the west side
of the building, amounting to approximately 32' off parking area,
The Conmission researched the parking space ~equirements £or this
type o£ bu/ld~ng.
Counci]~an Ed Ambazian asked ho~ the construct/on of this hangar
would affect their aircraft parking area. Hr. Lo~stedt stated that
the £ront hal£ on the tax/~ay side would be open to aircraft parking.
'They can also store some aircraft in open fib.~.ds. Approxinately
half o£ the a/~cxa£t ~h/ch they store is not on th/s lot du~ing the
Councilmn Ambarian stated that he felt the Con=tssion should take
this ~nto considarat/on in making theLr decision.
Hr. Sibley stated that two Xenai AL= Service aircraft ware presently
on his lo~ due to lack o£ space on their lot.
Hz. Raymond asked ho~ far Zenai- Air Service ~dS located £rom their
front property line. Hr. Lofstedt stated approximtalF 30* from
the stree~ to the £ront of their hangar.
Hr. ~asson stated tha~ if ~he. Con~ssion approved this variance
requesh, he wished to have the same var£ance. Hr. Raymond stated
tha~ Hr. wasson's r~q~s~ would have to be considered as a separate'
reques~ and a separata public hearing would have to be held.
Hr. ~a~son stated tha~ i£ th~s variance was approved, State Fire
NarehaL approval may not be qranted to them when ~hey expand due
t~ .the ~naL Air ServLce aangar being so near their property.
Hr. ~ackney stated that ~he Stato Fire ~,~rshal's of£ice would cons£der
thi~ on the basis o£ how close Kenat P~r Service is to their proper~
Line - no~ whether there is a building on the ad3acent lot.
Hr. ~'ick asked when Kenai Air Service planned to begin conshruction
if the variance was granted. Hr. Lofstedt stated that they had already
dug holes for the footings.
There being no further input from the public, Hr. Ra~mond closed the
m2eLin9 to the public and brought ~he meter to the Com~ssion t~ble.
Page 2
ZONING ¢Om SSXON
REGULAR tm~.~TXNG OCTOBER 13, 1976
(item 2, cont~Lnued)
' ~[ -%11 [11 I tfttm ut ttt '' I
Page 3
Mr. Raymond asked how £a~ the nme hA~qar would be £rom the proper~y
line in _ciu~tion. Mr. Lofst~.dt sta~ed that Xt ~oul.d be approximately
£ouz feet.
Mr. Raymond stated that he ££9u~ed the buildings would cover 30% of
~he lot.
Mrs. Glick asked J.f the Conn~ssXon had reviewed the conditions which
m~mt be met before issuance of a va~iance. The Con~LssXon rev4e~ed
the section relating to issuance of va~A~nces.
Mr. Heus moved, seconded by Mr. Ham~ick, that the C~ssion 9want
· he variance from n~n~num side yard requirement for Lot 3, Block 2,
General Aviation Apron, to Kena£ A~r Service.
Mr. Heus stated that he ~Ld st l~ke to see ~riances approved when
par~tcular boundaries a~e set. People should 'build w~th~n these
established boundaries. The e-~_ s£ze and number of buildings could
be placed ~n th~s a~ea ~thin the ex~st~ug bounda~ies.
Motion £~Lled u~-~Musiy by roll call vote.
Mr. Raymond advised Kenai Air Service ~hat. they could appeal the
Planlting Commtss£onee de~ision to the Borough if they so desired
~Xthin ten days £rom th~ date.
Mrs. Horton advised ttr. Lofstedt that if Kenai A~r Se~£ce-wished
to resubmit a layout plan ~Xth theLr ne~ hangar ~XthZn the prescribed
bu~ld~ng setback requ~emen~s, the Planning C~mm~ssion would then
only have to approve the l~yout plan and the construction of the
~ 3. AGBHDA APPROVAL
Mr. Hamrich moved, seconded by Mr. Heus, that the Com~ssion approve
~hm agenda of October 13, 1976 ~Xth the follob~Lug cor~ect~ons:
l. Xtem 6-A be deleted £rom ~he agenda.
2. Reeolut~Lon '.Nos. PZ?6-1 t~ough PZ76-$ be added as it~m~ $-B~
6-C and 6-D.
3o That gOt~ler Bus,]lessm be added as no. ? and ~Ad:JotLrn~entf be
moved to no. 8.
Mot~Lon passed unant~usly.
KENA~ PLANNING AND ZONING CO~qISSION
REGULAR MEETING OCTOBER 13, 1976
Page 4
4. APPROVAL OFM~UTES OF SEPTEMBER 22nd and 29th, 1976
HOTZON:
Mr. geus moved, seconded by Hr. Miller, for approval of the n~Lnutes
of S~te~be~ 22nd and 29th, 1976~ with th~ foll~ing a~dlt£ons am/
September 22, 1975
Page 2, 3rd l~ne o£ last paragraph should read 'in" rather than "is".
Page 4, let line of paragraph 2, "Seemel' is mispelled.
Page 5, under Motion, should read 'seconded by Hr. Heus".
Page 7, Xtem6-A', 2nd line should read 'final ordinance".
· Se~tenber 29~ 1976
~he word "rezoning' should be deleted from the bottom of page 2.
Mote. on passed ~usly.
5. OLD BUBINF.,SS
None
NEW BUSINESS
A. Approval of Construct/o.n off Airport Lands: Lot 3, Block 2,
.General Aviati. on Apron. Kenai Air Service, Inc.
HOTION:
Mr. Heus moved, seconded ~ Mr. Hamriak, to table th~s matter until
such ~-~_ as new information was received by the Commission.
Motion passed unan~o~ly.
Mr. Raymond stated that as the variance had been denied, th~s
matter would be tabled un,L1 such time as Kenai Air Service submitted
an alternate plan for construc~Lon of their proposed hangar.
B. Anglers Acres 'Subd~v~sion,.. Part One: Final Plat
Mr. Raymond stated that the preliminary plat of this ent/re subdiv~s~on
was submitted September 23, 1974 and that the Borough approved the
plat with rec_~_~e__~dat~ons at that time.
Mr. Hamrick stated that he would like to see the Commission
reco~me_~d that no on-site sewer could be placed on these lots due to
the h~gh water table ~n th~s area in order to protect the purchasers
of t~Ls property.. The Borough only has 'the owner s~gn a statement
that they are aware that there are State regulations goverminq on-site
water and sewer supply end in th~s particular case, he felt more was
PLANNING AND ZONING COMMISSION
OCTOBER 13, 1976
{Item 6-B, continued)
Page 5
Mr. Hackney stated that a ditch had been dug through this property
and it ks now on good gravel. The ditch is at least eight feet
de~p.
Mr. Miller stated that this ditch was filled with water during the
Spring months and did not provide adequate drainage during this
The C~mm!ssion further discussedways of protecting purchasers Of'
property in reference to on-site water and sewer on lots of th~s
tl~e.
MOTION:
Mr. Heus moved, seconded by Mr. ~Am~ick, that the Commission reco~,_end
approval of the final plat of Anglers Acres .Subdivisi'oh, Part One,
with the 'following reco~h~ndations ~ · : . ~ · .- -z .
1. That a temporary cul-de-sac be shown on the 'so'U~h en~ of
Angler Drive. "
2. That the street decltcations will not be accepted by the City
of Kena! until 'such time as construction is brought up to
Cit~ standards.
3. That these lots be considered for recreational use un.L1 such
f. tme as City water an~ sewer can be provided.
Mr. Hackney asked Mr. Heus what he meant by recrea~zLona.1 use~ · Mr.'
Heus stated that he meant they oould not have on-site water and
sewer, but the lots could be built on and a holding tank could be
used if they so wished.
QDESTION:
Xotton passed unanimously by roll call vote.
..l~.soluf-tonNo. PZ76-1
Mrs. Horton advised the Co~-~ss£on that tilts was an ordinance
recom~ending that the 'old library buildingS be released from
de~ication to publ£c use and that proper disposition be considered
by the City Council.
Mr. Wise stated that, by t~Ls resolution, the Commission would
onlF be rec0mmend~ng that Council consider disposing of th~s
property to begin the procedure. Mr. Wise felt that a public
bearing should be held to determine what the public feels should
be donew~ththe building and attendant lands.and that the Commission
coul~also ~-ke recommendat/ons to Council in t~Ls regard.
KENAX PLANNING AND ZONTNG COMMISSION
REGUL~ MEETXNG OCTOBER 13. 1976
(Item 6-C, continued)
Page 6
.Mr. Reus stated that the Co__-~_ission had been told that the Historical
Society had given the property to the City for public use. Hr. Wise
a satisfactory arrangement could be worked out. The City does not
want the property. The building will become a nuisance once vacated
and the City would be liable for any injury which occurred in this
hu~lding.
Raymond asked the wishes of the Comm~ssion.
Mr. Reus stated that he felt the Co~i ssion should make some type
of reco-~.-dat/on as to what should be done with the property.
Mr. Wi~e stated th_at if this resolution was passed by the ~ommt ssion
tonight, the public hearing would be held no earlier than the 1-i~h
of Nov~er, which would give the Commission a~. le time to consider
what theF would like to see-done with the property .and make recom-
~-4ations to the Council.
~gTION:
Mr. H-m~tck moved, seconded By Mr. He=s, that the Commission pass
Re~olution No. PZ76-1 and recommend passage to Council.
~otion passed unanimously.
,Uo .ltesolut~L. on ,No. PZ76-2
Mr. Wise a~vised the Commission that this was a resolution recommending
':/ ... ,..tha~fm~]. reservoir phase of the water system improve__~e_-~t project remain
~ -:' [::.~..-.~'/~ 'p~Yi~_~ '~;y. item and be constructed as soon as possible. On March 18,
~': 1975 .t~'Commission held a public hearing on this project and the
'City USed 'these m~nutes to substantiate the application to EDA for
funding. Mr. Wise sta~ed that the-reservoir phase was not specifically
mentioned in these minutes and would l~ke to reiterate the findings
of the Comm:Lsmion.
Mr. H-m-ick asked if this was the underground reservoir. Mr. Wise
stated that it was and is located on A~rport lands. The reservoir phase-
ha~ to be deleted from the original project due to a shortage of funds.
Mr. W~se stated that, at this time, if the well did not function or
if there was a break in the transmission line there would be no water.
The reservoir was put ~n with no liner and, therefore, will not hold
water. The design is to line and cover the reservoir. During evening
hours, we can then maintain it full and there will be automatic valves
to ma/nta~n pressure if the water pressure drops. Hr. Wise stated that
he was not certain how tb/s would effect the fire rating of the City.
The City originally planned to construct th/s and it was approved by
EDA. The project w~11 be funded 100% by EDA and the Public Works
Program. Hr. Wise state~ that he felt the City has an excellent chance
of getting the funding. The cost of the program i~ estimated at over
$1.3 mi. Ilion.
i
KENAX PLANNING AND ZONING COMMISSION
REGOLAR ~TING OCTOBER 13, 1976
~I~m 6-D, continued)
NOTION:
Hr. Miller moved, seconded by Mr. Heus,
Resolution No. 76-~- .
Mot/on passed unanimously.
that the Co~ssion pass
Page 7
E. Resolution No. PZ76-3
Hr. Wise stated that this was & resolution 'recommending that the
property in the area of the Kenai Spur'HighwayandBeaverloop Road,
as shown on the attached map, be rezoned from suburban resident/al
· o general commercial, as d~scussed by the Comm~ssion at their last
maet~ng.
Hr. Wise stated that the City~m{-tstration'had sent letters to
the property Owners in the subject area requesting their opinion
of the City's proposed rezoning.and no answers have been received
yet. Most of the proper2y to be rezoned is Airport or City-owned
land w~ththe.exception of property ownedbyMr. Daubenspeckand
the Katmai Motel. He did not feel that there would be objection
from these two parties. The rezoning of this property is simply
the fleet step in th/s process. We will then have to replat the
area which is the most important process, as this will set the
character of the property. The Comm~ssion has the obligation of
protecting the conservation zone. Since it is City-owned land.
and will have to be replatted, the Commissionwill have a great
deal of fle~hility as to h ow the property willbe ut/lized.
Hr. Raymond stated that the Co~__~ssion had requested'a"letter' fr~m
Hr. Swa~n's party stating their plans for use of this property.
Hr. Swain, representing Dor~s Schmidt, stated that the letter
would be in Hr. Wisets hands by the first of next week. Hr.
Raymond asked how definitive the letter was. Hr. Swain stated that
the letter showed their intent for use of the property and stated
that they were interested in obtaining'this property. Hr. Swain
stated that if the property was replatted, h~s party would like to
h~ve input as to what they would consider useable. They do not
have a particular quarter of th~s area in m/nd.
Hr. Miller asked if the Commissionhad discussed a buffer zone beside
Walker Lane. Mr. Wise stated that when the property was replatted,
any type of buffer strip could be included in the platting that the
Commission or Council wished. You can establish conservation areas
by replatting them with such measurements as to make them unusable
for~ny construction purposes.
Mr. Miller asked if the replatting would be done after the rezoning.
Hr. Wise stated that when the Council approved the rezoninq, we
would apply for funds to survey the property and begin the replatting
pzocess. Work sessions would be held prior to submission of a plat.
KENAI PLANNING AND ZONINGCOMMISSION
REGULAR MEETING OCTOBER 13, 1976
(Item 7E, continued)
Page 8
Mo'n~ON:
Mr. ~m~ickmoved, seconded b¥ Mr. Miller,
Re~oluttonNo. PZ76-3.
Motion passed unanimously.
that the Conm~ssion pass
8. OTHER BUSINESS
Mr. Raymond stated that the Co_m~_!ssion was two members short and
that the Co~ssion should submit names to the Mayor for action.
At the next meeting a new chairman should be selected~
A. Cit~ Council Re~,,rt, ,s BertZ Glick
CouncXlwo-~_~ Glick stated that at the last Council meeting, Ed
~m~ar~an resigned from the Planning and Zoning Commission and
that she was appointed as Ex-officio ~e_m~er to take h~s place
on the Co~ssion. She w~11 remain on the Borough Planning and
Zon~ngcommission and stated that she had asked earlier to be
replaced on ~he Harbor Comm~ssion ~f someone on the Co-~ssion
would l~ke.te take the'.pos£tion. Councilwoman Glick further
ste~ that at the last Council meeting, Council recommended
that sewer monies collected from the Little Ski-Mo be refunded.
The~ouncil also reviewed the ordinance establishing procedures
for sale of C~ty-owned lands. Ruby Coyle had asked about
esta~lishing a ~ifferent/al tax.zone. There is going to be a
work session held by Council on th~s tomorrow night. Council
d~scussedthe Sr. Citizens Nutritional Grant, whereby hot meals
will be serve~ to senior citizens. Councilman Ambarianread
the w.~_-~ts to rheA ir port ae~Ulations which were discussed by
CouncL1. :.
The Commission asked the status of the sale of land to Kenai
Blectricwh~chhad beenmentioned at previousmeetings. Mr. Wise
sta~thatthe plats of some ofthe property which will be sold
.are not well designed.- th~s was one of them. The definitions
will have t o be rewr£ttenbeforethey can be sold.
Councilman Ambarian advised the Com=Lssion that Buzz Butler is
operating out of the KenaiAirport. which ia in v£olation of his
pe~=Lt.
B. Borough Plannin~ and Zonin~ Commission Re~ort: Betty,Glick
Mrs. ~lick s~ated that at their last meeting, the Di~r~sion of
Co-~unity and Req~onal Affairs spoke on grant monies available.
The State can issue some of these funds to the Borough, who in
~ttrnm issue them to the various cities. A portion of these
m~n~es ks being used for the zoning ordinance update. Mr. Kyle
Kl~q~ PLANNING AND ZONING COMMISSI'ON
REGULAR MEETING OCTOBER 13; 1976
(Item 8-B, continued)
Page 9
Cherf~ of the Department of Environmental Conservation spoke regarding
changes in the wastewater regulations. Chairman Dimmick gave other
recommendations to Mr. Cherry. The public hearing on the appeal from
Kenai Baptist T~__m_ple was also held and was denied on the Borough level
with a vote of =£x ol~o~=d and tins. in favor.
Peninsula Ready Mix wished to move the location of their gravel pit
end this matter was tabled until such t~__m__~ as more information was
received by the Commission.
The public hearing on Mr~ Larry McCubbins'. townhouses was held and
.the Borough approved the variances on the basis of the Cityes recom-
menat/ons alone.
The B~zough has received a grant from EDA for development of
L N G Dook.and intends to coordinate this with the ADAP study.
The C~uncil will sit as the Board of Adjustment in the matter of
Kenai Baptist Temple's conditional use permit request at next
week*s City Council meeting. Mr. Wise stated that the Board of
Education in Juneau has been contacted in this regard as well as
· he Kenai Fire 'Chief and the Department of Environmental Health
provide infomat~on to the City Council in making a determination
this matter.
.Mr. Heus stated that this information had no bearing on the zoning
matter, which is what 'the Council wLll be considerLnq. Mr. Wise
agreed with--th~s, but stated that the information would be there
if the Council requested it.
Mr. ~aymond stated that the Commission wished to thank Betty Glick
for her participation on the Planning Commission as a member and
Chairman.
~0TZON:
Mr. ~llez moved, seconded by Hr. geus, that the Commission adjourn
the October 13, 1976 meeting.
~/on passed unanimously.
Thexe being no ~urthez business, the meeting adjourned at 10:30 p.m.
KENA~ PLANNING AND ZONING COMMISSION
I~EGULAR MEETING SEPTEMBER 22, 1976
?~00 P.M. CITY MANAGERtS OFFICE
P~n Nalston, Roland ~aymond, lick
Absent: None
Ex-Officio Member Present= Ed Ambar~an
AGENDA APPROVAL
~TION:
Mr. ~alston moved, seconde~ by ~r. Hamr/ck, for the appmuv, l of
the agenda of ~eptember 22, 1976 with the following a~clit/~n:
Xtem 6-B: Proposed construct/on of a ha~gar on Lot 3, Block 1,
~eneral Aviat/on Apron: A-~y's Flyin9 Ser~/ce
~t~on passed unani~usly.
NEW BUSINESS
~ ae~uest for Sale or Lease of ~over,~-,~t Lot 1, Sect/on
..Towns. hi~ 5 N, R 11 W: Dick Swain.
Mrs. Horton advised ~ Conmu~si~n ~_B~.t .Mr[ ~,was ~uterest~
~ p~c~g or l~g. ~ ~ ~~ 16~-.%~ ~s ~t ~
~t ~ relied ~ ~e .Ci~ at ~s ~ ~ %~' F~ A~~
~s~a~on ~d ~ zoned ~~ 'r~d~. ~ ~ ~~
~s~ ~ ~ w~ or not ~ ~d ~ ~ fair of a ~
~ge of ~e prop~, ~ ~. ~*s p~ w~ ~ ~ a
~ ~ a~roaoh F~ for r~e of ~ prop~.
~. ~ s~ted ~at he ~ a ~l'~k~g a~t ~ ~-
rele~e of ~e pr0pe~ ~ ~ C~ ~ ~=e~ ~t ~ ~
~ rezo~q of ~ prop~.
~. ~ s~a ~t,~~ ~s ~ ~e~c~ ~ ~e ~~
~1~ a 40 ~ 69 ~m ~1~ re~~t ~ ~
'':~' - - ~::± :: I If Ill I 11
I~PLANNING & ZONING COMMISSION
~GULARMEETING SEPTF24BER 22, 1976 Page 2
(Item 3 - continued)
Mc. ~lston asked if Mr. Swain's clients were in the motel business.
MC. Swain stated that they were not. His clientswere interested
~n ~nvesting in this property and will be looking for professional
m~nagement for the motel.. Mr. Mal.s~on asked the time schedute
for construction if the property was secured. Mr. Swain stated
that they w~shed to begin construction next summer an~would like to
have soma confirmation from the City by December 1st.
MC. Ramrick asked what amount of land they needed for this motel.
MC. Swain stated that this lot was 39.40 acres and they needed
ten acres. They wish to secure the ~0uthwest quarter of this
parcel and prefer to lease w~th option.
MC. Wise stated that he would like the Commission to consider
th~s as a matter of zoning. Rezoning of only this ten acres
would be spot zoning. Therefore, the Commissio- should consider
rezon~ng a strip of property in this area, making allowances to
protect the established resi~ences ~n th~s area.
Nr. Swain asked if the property across .the street was zoned
~ffere~t~ since the Katmai Motel was located there. Mrs.
Horton advise~ that the Ka~i had grandfather rights on this
property an~ the property was zoned suburban residential also.
Councilman Ambarian stated that last year th~s parce! of'la~d
was robe bid on. At that time it was recommended that
the City pursue rele~sing the property from FAA. Th~s would
be a part of the airport study.endwouldbe in linew~th the
~evelopment of tb/s area. He recommended that thematter be
pursued.
Hr. Malston aske~why the parcel w~ not released at that
~.~me. CottncilmanAmbarian state~ that at that time, they were
~ntereste~in getting the feelings of what lend was of interest
te the ~evelopers.
MC. Maleton stated that th~s parcel was ~n a prime co~vcial
property area an.-1 would fit in w~th present development of the
MC. Swain asked if it was appropriate at th~s t~me to ask the
Comm~ssiontoconsider the lease and check on the rezoninq of
the property.
MC. Wise requested a letter from Mr. Swain's client requesting
the property, g£ving a scope of the intended use of the lot.
The Commission could use th~sin considering the rezoning. It
would besupporting data for the BoroughPlann~ngCommission
and give the City a~ministration information to validate requesting
release of the land from FAA. Mr. Wise stated that December 15th
would be a good target date for completion of this work. If the
Comm~ssion agrees to the rezoning and the community has no
comlxssxoN
RE~H~tRNEETXNG SEPTF2~ER 22, 1976
(Xtem 3- continued)
Page 3
object/on, there should be no delay in acqu£ring the rezoninq.
Acqttiring tentative response from FAA would be one process
at, agreeing upon terms would be a separate process.
Mr. Swain stated that th~s time schedule would be acceptable
Fir. ~alston asked if the details of the lease could be worked
out prior to the approval.
CotmcXlman Ambarian stated that FAA was very cooperative with
the CitF Ln matters of th~s nature and felt that they would
aid the City in th~s matter.
~ha~rmanGlick asked the Com~/ssion if they wished to schedule
a special meeting for a wo~k session on this matter. Council-
man Ambarian stated that he felt the session should be joint
w~ththe City administration.
~TXON~
Mr. MaXston moved, seconded by Mr. ~ller, t~mt the Conm~ssion
schedule a special meet/ng on September 29, 1976, 6:00 p.m.,
City ~m~ager*s Office, for the purpose of discussion of th~s
passed ~usly.
B. Proposed Construction of a Hangar on Lot 3, Blo~..k 1,
~en~raL Aviation A ton.-' And' ~ F1 in Service '
Mr. Dave Di~mondofAndy's FXying Service stated that they
wlshedtobu~ld a 60' x 60' hangar on the above lot, to
the south of their present office. It is a l~trby building
14 £t. ~nheLght.
Councilman Ambar~an asked the estimated value of the. hangar.
Mr. Diamond stated approximately $74,000.00.
Mr. Heusmoved, seconded by Mr. H-~-~ck, that the proposed
~nstruction of a hangar onLot 3, Block 1, General Aviation'
Apron beapproved, pending submtttal byAndy~s Flying Service
o£anul~ated development plan of th ts lot.
~t/on passed unanim~usly.
KENAI PLANNING & ZONING COMMISSION
REGULAR MEETING SEPTEMBER 22, 1976 Page 4
4. PUBLIC HEARING
Request for Variance from minimum lot dL_mensions,
minimum lot size, minimum 1eta rea, m~nimumlot
width and building set-back require~ents within an
urban residential z~ne: L. R. McCubbin=
~r. Jed Fowler, owner of the property, stated that he felt
construction of townhouses on th~s property was very
feasible due to erosion of the bluff and the amount of
property tax on this property.
Mr. Bob See___~el, representing the real estate company
selling this property stated that he felt-thiswas a
very feasible use of this property due to the erosion
of the bluff property and possible difficulty in
f~ulancing of this property by individuals.
There beingno further public input, the matter was
h~ouqhtto the Comm~ssion table.
MOTION:
Mr. Malstonmoved, seconded byMr. ~tLller, that the
Conm~Lssion table this matter until their next requLar
meeting due to lack of information on the'variance
requests.
Motion passed unanimously.
5. OLD B~;SINESS
The mat~er of Peninsula Mobile Home Sales constructing
a pe_r~.__nent structure on their mobile home sales lot was
d~s~ussed by the Comm~ssion. Peninsula Mobile Home Sales
was grunted permissionbytha Commission to use their
present facility until April 28, 1976, at which time a
permanent office facility had to be built.
HOTXON~
Mr. Miller moved, seconded by Mr. Malston, that the C_ovm{ssion
recc~m~ndthat~.thelCity_~ist~ation~rev~ewfthismtter
and take appropriate action to see that PeninsulaMobile Home
Sales complieswiththe zoning ordinance.
Motion passed unanhnously.
Councilman _A~barian stated that Kenai A/r Service'is causing
a hazard by parking their aircraft in such a place as to
cause problems for other aircraft and asked that the City
administration check into this in the near future. Mr.
Wise stated that he had discussed this matter with other
fixed base operators and had requested that they forward a
formal complaint to the City and the matter would be looked
K~N_.A? PLANNING & ~ONING CO~MISSION
REGULAR MEETING SEPTEMBER 22, 1976
Page 5
At this time, Mr. Larry McCubblns who had requested the variances
in an urban residential zone was present. Therefore, the Commission
brought the public hearing back to the table.
NOTION:
Mr. Naiston moved, seconded by ~r. Reus, tha~ ~he matter of a variance
request from Mr. Larry McCubbins in an urban residential zone
be brought back to the table.
Motion passed unanimously by roll call vote.
Chairman Glick opened the meeting to Mr. Larry HcCubbins for
Mr. McCubbins stated that he wished to place four townhouses
on Lots 2 and 3 of Block 5, East~tddit£on, Kenai Townsite.
The townhouses can be financed through the Farm HomeAclministra-
tion. One townhouse will be placed on a'56~ x approximately
21' lot. Th~s lot and the townhouse will become the property
of the purchaser. The remaLnder of the property will be c~n
ground, and w~11 he,rotated to each of the four townhouse
~wners for tax purposes. The legal documents regarding this
were at the Borough off£ces.
Councilman Ambarianasked if parking space would be available
fort he residents. Mr. McCubbins stated that parking space
would be ayah/able ~n the front portion of each lot, measur'~ng
19~ x 20~ each. Councilm- ~m~arian stated that it appeared
that the cars wouldbeparked all the way out to the curb in
th~s amount of space.
Mr; Hamrick asked the square footage of each unit. Mr. McCubb~s
stated that eachunitwas 1,400 square feet.
The parking space allowed was discussed by the Commission. Mrs.
Morton advise~ that the ordinance stated that the building
setback tenement was 50 ft. from the centerline of the City
s~reet, which in th~s case would be 20 ft. from the lot line.
However, Mr. McCubbins is requesting a variance from this
=equirement.
Mr. Wise, City Manager, stated that a legal description of the
co-~m ground area should be required for the tax parcel plats
and that each lot should carry a deed restriction proportionate
to theoommonground.
Cha/rman ~lick asked if the Commission wished to consider all
variance requests in this mtter .jointly. Mr. Hamr£ck stated
that he felt they should be considered Jointly. Mr. Miller
stated that since they were all related, they should be considered
]ointlF.
Mr. Reus asked if the driveways to each lot would be paved. 'Mr.
l~ubbins stated that the entire front area would be paved. Mr.
Heus expressed concern that this could be hazardous and felt that
perhaps two common driveways for two lots each would be more
acceptable..Mr. McCubbins stated that this would be acceptable.
22, 1976
Page 6
(Public Hea~ing, continued)
~IOTZON:
Nr. Hamrickmoved, seconded byMr. Raymond, that the Commission
g~a~t..approval of the variances from minimum lot size, minimum
lot area, minimum lot dimensions, minimum lot width and build£ng
set-back requirments in an u~ban residential zone, for Lots
2 and 3, Block 5, East Addition of the Kenai Townsite, with the
following stipulations:
1. That a legal desaription of the common ground be furnished
for the purpose of the tax parcel plate.
2. That the approaches from the street be t~o common drive, aye,
one driveway for lots 3A and 3B, and one driveway for lots
2Aand 2Bo
Counci!_m~__~ Ambarian etated that he felt they should reconsider
the building eetback variance. Development of this street with
varyingbuilding.eetbacke could present a problem.
~r. Ramrtck stated that he would have no ob~ection to amendment
o£htsmotion so etating.
lit. McCubb£ns stated that the building setbacks on theee lots
w~re the same ae the othere on thie particular street.
Notion failed by roll call vote. Voting yes:' Nalston and
Ramrick, Voting nos Raymond, Killer, Heus and Glick.
Mr. H~rick asked the'distance from the lot line to each
building, lit. ~'ubbins stated 14 ft.
CounotlmanAmba~tanaekedNr. lqcCubbine if movinqhts lore
6'£t. closer to the bluff would affect his concept.
~oCubbi~ etatedt~at it~ouldtoa-de~ree.
The Con~tesion t~rtherdtscuseed the parking space allo~ed for
each lot andthe feastb£1£t~of requiring a wider building
:ir. Heus~oved, seconded by ~r. HAm~ick, that the Commiseion
9rant approval of the variances from minimum lot size, minimum
lot a~ea, minimum lot dimensions and minlunum lot width in an
urban resident~al zone, for Lots 2 and 3, Block 5, East Addition
o£ the Ken at To~nsite, with the £ollowing stipulations~
The building setback variance .requast tsdented.
The approaches from the street will be two common driveways,
one driveway for Lots 3A and 3B, and one drive~ay for ~ots
2A and 2B.
& ZONING COI~41SSION
REGULMI NF_~'TZNG SEPTENBER 22, 1976
-(Public Hearing - cont£nued)
Page 7
(Notion - continued)
The legal description of
tax plat purposes.
the c~____on ground be clari£ied for
· m~ion passed unanimously ipy roil caXI vote.
6. OTHER BUSi~F, SS
~ityC0uncil Report: Ed A~barian
Councilman Ambarian stated that at the last Council meeting,
the final was adopted'prohibiting'motorized vehicles on.the
new bicycle path. The Kenai Property Owners Associations
appeared in'.reference-to their .suit and were somewhat satisfied
with the Council's decision. Council determ/ned that the
property owners who filed suit would have their property
reassessed. The asei~n~ent of lease for Dave Diamond's new
building was approved. The City established the new
population figure for the City at 5,231 as of July, 1976.
Borough. Plannin~ and_Zoning Comnission Report:. ~etty Slick
Chairman Slick stated that a very short meeting was held on
Monday night. They received an OCS Planning Grant update
from lke Waits.
C.' ~arbOr commtssion~eport~ Betty Glick
Chairman Gltck stated the~e had notbuen a meeting held
since her last repo~..
D. Administrative Report~ ~ohnWise
Mr. Wise presented proposed plans for a mural on the Kenai
Municipal Airport Terminal by the Kenai High School students.
The Commission.Mas not opposed to the2ural, but expressed
~onoernas to whowouldmainta/n the mural in gom/ng years
ami the expense of the supplies.
Mrs. Horton advised the Commission that the public hearing
on requestfor side yard requirement variancebyKenaiAtr
~rvioe was scheduled for Ootober 13, 1976.
?. ADrOiT
pr, O~XON:
Mr. Maleton moved, seconded by H~. Miller, for 'adjournment.
Motion passed unanimously.
The meeting ad~ottrned at 10~30 p.m.
OPEN
SPACE
.f
LOT
2A
Lof
2B
LOT
~A
LOT
~B
I
ZO
REPLAT OF
BLOCK ,5,' EAST
"I'0WNS, ITE ' 0F
ALASKA
LOTS 2 & 3~
ADDIT !~,
;
KENAb
~.NAI PIJ~NNINO & ZONING COI~IiSSION
SPECIAL ME~TING SEPTEI~BER 29, 1976
~ITYI~I~A~B~'S OFFICE 6~00 Po~.
ROLL CALL
Present~
Ron-Malston, Roland Raymond, Cliff Heus and Betty Glick
Ex-Officio Member Present: Ed ~m~arian
Approval of Construction of Permanent Office Facility: Peninsula
Noblie Home Sales
Peninsula Mobile Home Sales had been given a temporary permit by the
Co~m{ssion to use their present office facility until April 28, 1976,
at which t~me a permanent structure would have to be built. .Peninsula
Mobile Home Sales had been contacted by the City A~m~n~stration to
bring the Commission up to date on their plans for construction of a
permanent office facility.
Mr. Joe Becker, Manager of Peninsula Mobile Home Sales in Kena£,
stated that the delay in construction had been caused by turnover in
~agement and that Peninsula Mobile Home Sales w£she~ to concur.
w~ththeCommission's requirements.
Mr. Wayne Green of Peninsula Mobile Home Sales stated that the building
they washed to construct was a modular home. The frame is taken off
of the wheels and placed on a permanent foundation. .The. building would
be use~ for an office and a residence for the nightwatchman. There
are approx~tely $3/4 m~llion worth of mobile homes on this lot and
they need someone on the premises to prot~t..the~r'.investment a~a£nst
theft and van~alism. The building will be brought to the sAte by
roa~and oaneAtherbeto~e~or place~on a low-boy.
Mr. Malston asked the difference between a 'modular home and a mobile
home. Mr, Johnson state~ that a modular could be placed on a
permanent -.foundation.
CouacilmanAmbarian rea~ the definition of a mobile home as it appears
~ the zoning ordinance.and stated that according to the ordinance,
the Comm~ssion could not grant permiss~on to Peninsula Mobile Home Sales
~ouse th~s unit. According to the ordinance, th~s is a mobile home
whether or not At As place~on a permanent foun~ation.
Mr. Corella of Peninsula Mobile Home Sales showed the Comm~ssion plans
of the proposed buAlding.
CounoilmanAmbarian stated that if the Conm~ssion granted usage of
this structure as a permanent structure, they should consider changing
the zoD/ng ordinance.
Green state~ that this structu=e met the requirements of the City
BuLl~ing Inspector.
SPECIAL MEETING SEPTF24BER 29, 1976
Page 2
Xr. Heus asked why businesses were not allowed in mobile homes.
Mr. Malston stated the Fire Department had requested that they
not be used because of fire safety seasons. Since 1971, the
State has implemented codes concerning mobile homes and modulars
comply with the Uniform Building Codes. -
Mr. Green stated that electrlcal standards I~ve become more
stringent in recent years than they were in the past for mobile
homes.
Mr. Heus asked if this building had to meet fire codes for a
public building.
XOTION:
Mr. Malstonmoved,.seconded by Mr. Heus, that the Commission grant
approval of use of this modular unit, set on a perm_anent foundation,
by Peninspla Mobile Home Sales for a combination office and residence
at their mobile home sales lot in Kenai, with the following stipulations:
1. That the Fire Department approve the f£~e safety standards of this
unit for Use as a public building.
2. That it is the'intent of the Comm~ssion to redefine mobile home
in the zoning ordinance.
~r. Reus stated that a problem might arise if someone in the area
.g~shed to put in the same type unit as a home.
Councilman ~m_~-rian stated that he was sure that requirements for
newly constructed mobile homes were greater than they had been
tn the past.and he could see no problem with th~s type of structure'
being p~e~ as a home.
Mr. Green stated that Howard Hackney, City Building Inspector, had
discussed this matter with officials in Anchorage and found that the
struoturemet the necessary requirements.
Raymond moved, seconded byMr. Malston,
~_~ndedwith.the addition of the following=
that the main motion he
3. That th~s structure meets the building codes for a conventional
built structure.
J[ot/on passed unanimously by roll call vote.
~BTION - J~tINMOTION~
Motion passed unanimously by roll call vote.
Work Session: Rezonin~ of Government Lot 1, Sec.t.i.o.n ..5,...Townshtp 5N,
h xw.
The Commission discussed the possibility of rezoning the above
described lot so that the property could be used in a commercial
· ~pacity. Mr. Wise had stated that the Commission should consider
~ PI~NG ~ ZON~N~ CO~S~ON
SPECI~ ~ETING SEPTEMBER 29, 1976 Page 3
~ez~ninq a strip on either side of ~e highway in this are to avoid
spot zoning. ~ff~er ~urkhe~ d~scussion the Co~ss~on dete~ned
the ~rt~ons oukl~ned on the ~t2ac~d m~p ~ould be rezoned to general
p~sue ~s ~t~er.
Approval of Mtnutes of September 8, 1976 and September 9, 1976
MOTION:
Mr. ~alston ~ved, seconded by Mr. Raymond, that the Commission
approve the minutes of September 8th as distributed and the'minutes
of September 9, 1976 with the following additions and corrections=
1. Check 'tape for last paragraph on Page 7.and first paragraph on
Page 2.
2~ Page 3, Paragraph 4, should read "on his" ~nstead of "next to
3. Page 4, Paragraph 2, should be rewritten to be more coherent.
Motion passed unanimously.
Other Bus~ness
Mrs. Horton advised the Conmdssion that she had been contacted
regarding the correct zone for a day care center for preschool
age children. The center would not be in a home and there'is no
provis~on for a day care center except as a home occupation in
the zoning ordinance. Mrs. Horton asked the opinion of the
Co_w-~ssion in tl~.s regard.
lt was the consensus of the Commission that an urban residential
zone would b e most satisfactory zone for th~s use, but that a
condit~onal use permitwouldberequired.
Counc~lmanAmbarian stated ~hat the Airport Adv~sory Committee had
their f~rstmeet~ng on September 28th. Mr. ~ickwas not pre~ent
as representative of the Planning Com=~ssion. A representative from
the ~A~Plann~ng Department was there along w~th representatives
from the f~rmdoing the Airport Study.
~d~ournment
NOTION=
Itt. Raymond moved, seconded by Hr. Malston, for adjournment of the
September 29, 1976 meeting of the Kenai Planning & Zoning Co~m~ss£on.
Motion passed unan~nously.
The meeting adjourned at 9=30 p.m.
: