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HomeMy WebLinkAbout1975-12-03 Council Packet--w- COUNCIL PACKETS /975 DECEMBER -, i Kenai City Council Meeting Packet December 3, 1975 COUNCIL mEi:,rlN(; OF T)PCEMBER3,1975 ol ACKERLY V Al q q t4 q,q SWEET q q HUDSON y V At Al 4 MORGAN q Al q 11 q 1/ 4 AMBARUN ELSON IV 0 AGENDA REGULAR MEETING -MAI CITY COUNCIL DECEMBER S. 1975 - 8: 00 P.M. PUBLIC SAFBTY BURRING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 484-75 - Snow Removal s. Renewal of Beverage Dispensary License a Renewal of a Retail License for Ebie's Froutter Club S. Renewal of a Beverage Dispensary License for The Casino (Rachel L. Rogers) 4. Renewal of a Restaurant License for Pizza Paradises (Ronstantinos D . Mechem) a. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. 4. D. MINUTES 1. Minutes of the Regular Meeft of November 19.1975 E. Crrh.5�wY1 �.t.11..WriE I. Taylor Realty - Pjyposai to purchase all or part of Government Lot 1 (Parcel CM F. Ota Wool s 1. Rsaoludon No. 75-54 - Natural Resource Extraction s. Crown. Ine. - Purchase of City Parcel Number 177 4. 5. G. -NEW BUSMEW 1. - Bills to be paid - 81119 to be ratified 4. Council selection of new Council member S. efdbeftee its. 4. ' Resobttion No. 75-00 - Fart Kenny Rental Rates 5. Raanlutlon No. 75-81- Cleaning Deposit, Ft. Kenny S. 9. 10. U. 14. U. U. is. 8. REPORTS 1. City Manager's Report _. City Attorney's Report s. Mayor's Report . 4. City Clark's Report 5. Pittance Director's Report S. planning a Zoning Commisstan's Report 9. Rod Peninsula Borough Awembly's Report !!BARD I. PBRSONS PRESENT NOT SCHEDULBD TO BB a 1. s. f� =- Z- _ � �5., _ ._. �1rf.:'. __ -- __ _ .,► .. r --...,Y - __r - - � .>-.+._e --srs.•s.^�.�_. .. r . ..+ten ..'. .... �.a:cw - - . -- --�--"� - ,mss AGENDA REGULAR MEETING - KENAI CITY COUNCIL DECEMBER 3. 1975 - 8: 00 P.M. F _ • � PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL i AGENDA APPROVAL - I B. PUBLIC HEARINGS 1. Ordinance No. 284-75 - Snow Removal 2. Renewal of Beverage Dispensary License a Renewal of a Retail License for Radio's Frontier Club 3. Renewal of a Beverage Dispensary License for The Casino (Rachel L. Rogers) 4. Renewal of a Restaurant License for Plan Paradisos (Konstantinos D. Macherss) 6. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. . 2. D. IMCUTES 1. Minutes of the Regular Meeting of November 19. 1978 8. CORRESPONDENCE 1. F. OLD BUSINESS 1. Resolution No. 75-54 - Natural Resource Extraction 2. Crown. Inc. - Purchase of City Parcel Number 177 3. 4. A. O. NEW BUSINESS 1. Bills to be paid - Bins to be ratified 2. Council selection of new Council member 3. Ordinance No. 285-75 - Intrafund Transfer. Airport Terminal (Janitorial Service) 4. Resolution No. 75-60 -Port Kew Rental Rates 5. Resolution No. 75-61 - Cleaning Deposit. Ft. Kenny 6. 7. S. 9. 10. n. 12. 13. 14. 15. H. REPORTS 1. City Nanagar's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report 5. Finauaa Director's Report S. Planning a Zoning Commission's Report 7. Vanni Peninsula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. 2. Ir CITY OF KENAI ORDINANCE NO. 284-75 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI ENACTING A NEW ARTICLE 14 OF CHAPTER 19 OF THE CODE OF THE CITY OF KENAI PROHIBITING THE PARKING OF VEHICLES UPON CITY s.< .S ".L itta.L� THE HOURS OF 4: 00 A.M. AND 8: 00 A.M. DURING THE isaa4." SEASON. WHEREAS, snow removal in the City of Kenai during the winter months is Beverly hampered by vehicles left parked on City streets for long periods of time; and - WHIRREAS, most such vehicles are not "abandoned vehicles" as defined in Section 12-21(d) of the Code of the Cith of Kenai and therefore cannot be removed under the - _ - antbority contain,. 1 in Article 5, Chapter 12, of the Code, Abandoned Vehicles; and SEAS, the most reasonable means to deal with the problem is to prohibit the parking of any vehicle on a City street between the boors of 4: 00 a.m. and 8: 00 a.m. the time most critical snow removal takes place. BE IT ORDAINED by the Council of the City of Kenai, Alaska: A new Article 14 of Chapter 19 is hereby enacted to read in its entirety as follows: ARTICLE 14 PARKING AT SPECIAL TIMES Light Bares Prohibited Section 18-109. After October 1 of each fall andvnm YAy I of the following year, no person shall leave any vehicle amended on any City street between the hours of 4:00 a.m. and 8: 00 a.m. of any day. Violators to be Towed Section 19-110- when a vehicle in violation of Section 19-109 is interfering with snow removal undertaken by the City of Kenai, a police officer or other Andhorized employee of the City of Kenai is hereby authorized to remove snd tow may, or have removed and towed away by the nearest available 0QQEJd tmdACAm ke authorized by the AlaskaCommission d vehicles, any such vehicle in violation. Cars so towed away for _ 'Wegel parking—sifiRl be restored to the owner or . Y - 6, of such car upon pay -went of the regular fees established for such towing service by the Alaska Transportation Commission. i.. I:�IIIII oil I sins {{ Section 19-111. Signs bearing the legend: E PARKING .'.J�utur�as ON ALL CITY STREETS j '4: 00 A.M. TO 8: 00 A.M. OCTOBER 1 to MAY 1 aball be placed in the locations listed below and at such other locations as the City Manager may designate so as to put vehicle owners and operators on notice of the regulation: Mile 4, Kenai Spur Highway - Mile 15, Kenai Spur Highway On arterials leadingvto primary residential and commercial areas -- - Other Notice 164"-� n Section 19-112. Notice of this Ordinance shall be published in a newspaper of general circulation every other week during the months the prohibition rs, fe in effect and shall also be broadcast on a local radio station at such time as the City Manager may direct so as to effectively reach vehicle owners and operators. PASSED BY THE COUNCIL OF THE CITY OF i0rI1TW, ALASKA this day of December, 1975: - ` CITY OF KENAI f JAMES A. ELSON, MAYOR ATTEST: . Sue C. Peter, City Clerk _ FMT READING: November 19, 1975 SECOND READING: ZMCTIVE DATE: - Page Two, ORDINANCE NO. 284-75 - - ---- - _ - � � � �• ter.- � -moo - r +-r -4 - � �----• ��—_+-��r �i CITY OF KENAI ORDINANCE NO. 284-75 An ORDINANCE OF TIM COUiVCITi OF THE Cj=L OF KENAI ENAGi`i'rriG A NEW ART—ILC ,i'; 14 OF CHAPTER 19 OF THE CODE OF THE CITY OF KENAI PROHIBITING THE PARKING OF VEHICLES UPON CITY STREETS Bim.& i6 ,L4 TSE HOURS OF 4: 00 A.M. AND 8: 00 A.M. DURING THE t o..4 t e ra SEASON. WHEREAS. snow removal in the City of Kenai during the winter months is severely hampered by vehicles left parked on City streets for long periods of time; and } WHEREAS, most such vehicles are not "abandoned vehicles" as defined in Section 12-21(d) of the Code of the City of Kenai and therefore cannot be removed under the authority contained in Article 5, Chaper 12, of the Code, Abandoned Vehicles; and _ WHEREAS, the most reasonable means to deal with the problem is to prohibit the parking of any vehicle on a city street between the hours of 4: 00 a.m. and 8: 00 a.m., the time most critical snow removal takes place. NOW. L&oa ' &- %,A6, BE IT ORDAINED by the Council of the City of Kenai, Alaska; ' A now Article 14 of Chapter 19 is hereby enacted to read in its entirety as follows: i ARTICLE 14 PARKING PPWmocuu, AT SPECIAL TIMES Nei ht Parking Prohibited Section 19-109. Atter the first snowfall of each winter which remains on the ground and -until of the following year no person shall park any vehicle on any City street for a period of time -. longer than 15 minutes between the hwirs of 4: 00 a.m. and 8: 00 a.m. of any t day. = Violators to be Towed Section 19-110. When a vehicle in violation of Section 19-109 to interfering with snow removal undertaken by the City of Kenai, a police officer or other authorized employee of the City of Kenai to hereby authorized to remove and tow away, or have removed and towed away by commercial towing service, = - any such vehicle in violation. Cars so towed away for illegal parking shall be stored in a safe place and shall be restored to the owner or operator of such 1 car upon payment of a fee of dollars within twenty-four hours alter the time such car was removed, plus dollars for each -� additional twenty-four hours or fraction thereof. _... _ � �- -w� -- T - ...-- — � �- -- �- w �• - i r. 7 .. ��_. �� .��-fir- II II II I to .. _ jgmftj�III II 111• •I a u...��_..,..- elms Seatim 19-111. Signs bearing the legend: ON ALL CITY STREETS 4:00 A.M. TO 8:00 A.M. 1 etisll be placed in the locations listed below during the months the prohibition is in effect and at such other locations as the City Manager MW designate so as to put vehicle owners and operators on notice of the regulation. i ` Other Notice Section 19-112. Notice of this ordinance shall be published in a newspaper of general circulation each week during the months the prohibition to in effect and shall also be broadcast on a local radio station at such time as the City Manager may direct so as to effectively reach vehicle owners and operators. -.i PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this day d December, 1975. r CITY OF KENAI ,i I 1 ATTEST: Fig Sue C. Peter, City Clerk 1. -i { -1: JAMES A. ELSON, MAYOR FIRST READING: SECOND READING: EFFECTIVE DATE: 7 , - -_ �l..y�. F'r sirs 'r• � • !. wi._ .t'a:r-�-�x. . .�.�► _� .._ •...mS���" - -...�..wtii� - r r.,t•r 1 Jay S. Naramond U IIEPAIMMENT OF I&EVEIN" M O((U 9RMIE l;OM U BOA0 / 509 JV JPO. $1. -AM6KWU 49501 i November 4, 1975 Mr. Roland D. Lynn City Manager City of Kenai Box 580 i Kenai, Alaska 99611 0 Dear tor. Lynn: Enclosed are copies of applications for: THE RENEWAL OF A BEVERAGE DISPENSARY LICENSE FOR: EADIE'S FRONTIER CLUB; Ethel Dee Henderson; 3 1/2 Miles North Kenai Rd.; Mail: Box 85, Kenai, Alaska 996I1. THE RENEWAL OF A RETAIL LICENSE FOR: EADIE'S FRONTIER CLUB; Ethel Dee Henderson; 3 1/2 biles North Kenai Rd.; Hail: Box 85, Kenai, Alaska 99611. Sincerely, � (Ms) A. A. "tee" Young S�. Records & Licensing Supervisor AAY:Jmn Enc. - JJ • s I VIII I VIII I 'II III �•� III ILS III . u� i ��Ir^��iuil� I iglu ~I••II I A' TO: CITY MANAGER, ROLAND LYNN FRONt CHIEF OF POLICE, RICHARD A. ROSS SIBJECTs RENEWAL OF BEVERAGE DISPENSARY LICENSE - i EADIE'S LAST FRONTIER CLUB i DATES DECEMBER 1, 1975 On November 28, 1975 a criminal charge of Operating a Bawdy House was filed in District Court against Ethel Henderson, proprietor of Eadlews Last Frontier Club. This charge was , filed as a result of an extensive investigation into alleged prostitution activities at Eadle's Frontier Club. Based on the above, the Kenai Police Department cannot racoma mend approval of the renewal application. The Department recommends the following actions be considered in reference to the license renewals ' 1. The City recommend that request for license renewal be 11 denied.. I 2. The City advise the ABC Board that they cannot recommend approval at this time, and request no permanent renewal be granted until there has been a resolution to the pending ! J criminal action. RAR: s I I r, I i I I . I 1 � 9 _-._ � .��.. moi_ _ - _ _ _ __ _ _ __ _ _ ✓_ _ __ __ _ ____ _ _ _ _ __-_ _____-. _ _ _ _ _. ' ,. _ _ __ :,-.- =T -moi c :.:�rT�c_ r -_ � . ��....r- . r. , rr .-„ � , .-.r �.-.� .'t-�.., ..r - _ � .. ., e-� _ _ _ _ •-• J- 5y Jay S. Hamond d O Q Q 0 *ItYtA004A GOVERNOR - - nEPANITME1T of REVENUE -_-- ALCMUC BEVERAGE COWROL ROARO / W W. 30. SI. -ANCHORAGE M01 0 Noverber 17, 1975 Mr. Roland D. Lynn City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: Enclosed are copies of applications for: THE RENEWAL OF A BEVERAGE DISPENSARY LICENSE FOR: THE CA6.INQ;LRachel L. Rogers; Carr Building; Mail: Box 1234, Kenai, Alaska 99611. THE RENEWAL OF A RESTAURANT LICENSE FOR: PIZZA PARADISOS; Konstantinos D. Macheras; Kenai Spur 8 ;lain Streets; Hail: box 178; Kenai, Alaska 99611. AAY:jmn Enc. lax Sincerely, CX1 el `C. (Ms) A. A. "Lee" Young? Records & Licensing Supervisor 2." `.i , _i. _ t '} -::,j AaRNI)A REGULAR MEETING - KRNAI CITY COUNCIL NOVWBP.R 19, 1975 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 281-75 - Supplemental appropriation to reflect funds received 2. Ordinance No. 282-75 - Amending Ordinance No. 274-75 S. Ordinance No. 283-75 - Amending ordinance No. 275-75 4. 5. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. John Curtis, Crown, Inc. - Re: purchase of 40 acres of land by High School 2. 3. D. MINUTES 1. Minutes of the Regular Meeting of November 5, 1975 E. CORRESPONDENCE 1. F. OLD BUSINESS 1, Janitorial Contract - Ft. Kenay, Terminal i portion of Public Safety PIdg. 2. Resolution No. 75-54 - Natural Resource Extraction 3, Mr. Miles Dean, FAA House No. 104 - Land Lease 4. 5. G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2, Ordinance No. 284-75 - Snow Removal 3. Resolution No. 75-58 - mater a Sewer 4. Ratification of "Bill of Sale" Bldg. No. 103 (FAA Housing Area) a lease of land for Bldg. No. 103 - Roland D. Lynn 5. Loan of surplus recreation equipment to Itockey Association S. R -Lee Seafoods - City Maintenance of Cannery Road T. Title VII - Sr. Citizen Nutrition Grant S. Repair of Steam Generator FAA Tracts D-2, A-1 W -A) a I - Council authorization for Planning Commission to proceed with study a Administration proceed with negotiations with FAA. 10. Resolution No. 75-59 - Interfund Transfer - Fire Department 11 -Payment to Contractor - Library Project H. REPORTS 1. City Manager's Report 2. City Attorney's Report 3. Mayor's Report 4. City Clerk's Report 5. Finance Director's Report 8. Planning & Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO RE HEARD 1. 9. Revised: U-18-75 T •jl KENAI CITY COUNCIL - REGULAR MEETING NOVEMBER 19, 1975 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIA?.CE A. ROLL CALL Present- Edward Ambarian, James Doyle, Tom Ackerly, Walter Sweet, Al Hudson, Richard Morgan and James Elson Absent: None AGENDA APPROVAL The following additions were approved by Council: F-3: Mr. Miles Dean - FAA House No. 104 (Lease of Land) 0-10: Resolution No. 75-59 - Interfund Transfer - Fire Department G-11: Payment to Contractor - Library Project At this time, Mayor Elson requested Council concurrence to allow Councilman Doyle to be heard. Councilman Doyle stated that effective this date, he would resign from the Kenai City Council. He further stated that he had 18 years of volunteer service work In and had been a member of Council since 1970. Due to the situation created by the last election in which municipal officials and officers were required to file a "conflict of interest statement", Councilman Doyle felt that he could not comply and, therefore, would resign from Council. Mayor Elson presented Councilman r Doyle with a certificate of appreciation and thanked him for his unselfish service to the community. B. PUBLIC HEARINGS F B-1: Ordinance No. 281-75 - Supplemental appropriation to reflect funds received ' Mr. Lynn explained that this ordinance made a supplemental appropriation of $558 to reflect additional funds received from the State of Alaska Department of Health and Social Services, Office on Aging. The ordinance shows an increase in the budget and an increase in expenditures. Mayor Elson opened the hearing for public comment. There being none, the Mayor j returned the matter to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for adoption of Ordinance No. 281-75 - supplemental appropriation to reflect funds received. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 B-2: Ordinance No. 282-75 - Amending Ordinance No. 274-75 PAGE 2 Mr. Lynn advised this this was a "housekeeping" ordinance in which $10,000 was to be transferred from the General Fund, Non Departmental to the Airport O&M Fund. The $10,000 was for repairs of the runway (lights, etc.) . Mayor Elson opened the hearing to the public. There being no public comment, the Mayor returned the meeting to the Council table. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, for adoption of Ordinance No. 282-75. Motion passed unanimously by roll call vote. B-3: Ordinance No. 283-75 - Amending Ordinance No. 275-75 Mr. Lynn advised Council that this too was a "housekeeping" ordinance in which $11,938 was transferred from the General Fund, Non Departmental to the Water and Sewer Fund, Revenues. These monies were for the repairs and replacement parts for the cyclo blowers. Mayor Elson opened the hearing to the public -- there being no public comment, the Mayor returned the hearing to the Council table. 1 MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for the adoption of Ordinance No. 283-75, Amending Ordinance No. 275-75. Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C-1: Mr. John Curtis - Crown, Inc. - RE: Purchase of 40 acres of land by High School Mr. Curtis, representing Crown, Inc. had been the successful bidder on the 40 acres of City owned land near the high school. Mr. Curtis stated he was interested ' in developing the land but could not get development money simply because of the time element and the terms of the sale. Mr. Curtis proposed. to develop 100 lots with water/sewer and paving. Mr. Curtis further advised that he had been to several lending institutions and has not been able to come up with development money. Mr. Curtis requested that Council consider his proposal to give him at least three years in which to pay for the land, with interest, and to balloon it out at the end of the three years. He requested that the City subordinate to the lending insitution. The lending institution would take the first deed of trust and the City would take the second. Should it go into default, the City would get its money. Mayor Elson stated he would like to see Mr. Curtis' proposal in writing. Councilman Sweet concurred with the Mayor. s KENAI CITY COUNCIL, REGULAR MEETING, NOVERIBER 19, 1975 PAGE 3 Councilman Morgan asked Mr. Curtis who comprised Crown, Inc. and he advised that the corporation was made up of himself and two other individuals. Assayol anioi,i, ovraoGu MT. vtai"uo that as use iiia LCL v Ci►j vni,w iaZiuo was iia-iuu%�a on the agenda (G-9) the Council would continue on at this time and no action taken on Mr. Curtis' request at this point. D. MINUTES D-1: Minutes of the Regular Meeting of November 5, 1975 Mayor Elson requested an adjustment in the minutes on page 9, item H-3 to delete the word "newly". The Council unanimously approved the minutes, as amended. E. CORRESPONDENCE E-1: Letter to Mr. Jeffrey Edwards Mayor Elson read the letter sent to Mr. Edwards by both the City Manager and Police Chief Richard Ross commending Mr. Edwards for coming to the aid of Sgt. Carpenter when Sgt. Carpenter was involved in effecting an arrest on an individual that had assaulted him. Council concurred and Mayor Elson instructed the Clerk to prepare a Certificate of Appreciation to be presented to Mr. Edwards at the next regular meeting of the Council. E-2: HCHS Senate Resolution No. 75-1 This resolution received from the High School Faculty was presented to all members of the Council and Mayor Elson directed the matter to the Administration for further action. F. OLD BUSINESS I F-1: Janitorial Contract - Ft. Renav, Terminal a portion of Public Safety Building i } Mr. Lynn advised the Council that the low bidder who was working on the Terminal Building had been terminated because of inadequate services. His contract was cancelled as of November 14, 1975. The next low bidder, Alaska Guard Service, had been contacted and had reached an agreement to provide custodial services for Ft. Renay, the police side of the Public Safety Building and the Airport Terminal Building. The City had negotiated a contract in the amount of $1,950 per month. Administration recommends approval of the contract. Mr. John O'Connor, Finance Director, advised the Council that there were not enough funds budgeted to cover the costs of janitorial service for all three - - facilities but a transfer from the contingency fund in the amount of approximately 1 r i • .ti. r �i f � i . —�--= -- - r' s r KENAI CITY Comm. REGULAR MEETING, NOiT AIMER 19, 1975 PAGE 4 $4,000 would be sufficient to balance the funding. Mr. O'Connor further stated that the police side of the Public Safety Building had had no custodial service and the police officers were esmio In or. - - their clays off to do the janitorial service. Also, Ft. Kenay was in need of consistent service as the facilities were rented out to the public and not always left in an orderly manner. Lack of janitorial services will cause a serious deterioration of the facilities. Councilman Morgan stated that he had received a call from an individual who would like to do the janitorial work and asked Administration what the bidding procedures had been on this particular matter? Mr. Lynn advised that the City could go to bid again but this would take time and the City then would not have continuity of service which creates a very difficult situation, particularly in the Airport Terminal. Councilman Ambarian stated that before the City, considers this contract, the City will have to come up with the additional funds required. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, that the City enter into a contract with Eugene Campbell, dba/ Alaska Guard Security (Cleaning) on a month to month basis for the Terminal Building only until we find the funds for that portion of the Public Safety Building and Ft. Kenay. This is not to extend beyond duly, 1976. Motion passed by roll call vote. Voting yes, Ambarian, Ackerly, Hudson, Morgan and Elson. Voting no; Sweet Councilman Ambarian again requested that Administration prepare a study on charging a deposit for cleaning when renting out Ft. Kenay. F-2: Resolution No. 75-54 - Natural Resource Extraction City Attorney, Janis Williams, distributed copies of the new draft of Resolution No. 75-54 to the Council members for their review. The Assistant Borough Attorney requested review of the proposed regulations by the Borough Attorney who has been out of the area. Upon the Borough Attorney's return, City Attorney Williams will meet with the Borough and work out the guarantees, etc. in time for the next meeting of the Council. Miss Williams asked that after review, she would appreciate all comments from each Council member in order to make any necessary adjustment or corrections. MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, to table Item F-2, Resolution No. 75-54 - Natural Resource Extraction. Motion passed unanimously by Council. _ ... #, �� —_J'-- -+sem— ___ _ .-..- - - v T .� - •- � -I ■i iiill I II 1111 I 111111 I 1= KENAI CITY COUNCIL, REGULAR AWETING, NOVEN►BER 29, 1975 PAGE 5 F-3: Mr. Miles Dean, FAA House No. 104 - Land Tease { The above item was sold to Alfr. Dean at public auction and the bid requirement requested removal of the building within a specific time element. Mr. Dean was unable to comply but prop -sed to Ya; to t`m Ci:y s re .1, ce i' V eland on which the building was located. Mr. Dean had paid the balance due of the facility itself and had also paid rental on the land from September 23 up to the prswpnt time. Administration recommends approval of the lease to Miles W. Dean for that portion Of the FAA Housing Area which sits under Building No. 104 for a rental in the amount of $100 per month and this lease is not to extend beyond June 30, 1976. MOTION: _ Councilman Morgan moved, seconded by Councilman Ackerly, for the acceptance of the lease to Miles W. Dean as recommended by Administration and so stated above. Motion passed unanimously by roll call vote. .- - G. NEW BUSINESS - G-1: Bills to be paid - bills to be ratified ' Mr. Lynn advised that these were normal disbursements of over $500 which needed = Council approval. MOTION: t' = Councilman Hudson moved, seconded by Councilman Ambarian, for payment. - and ratification of the disbursements as listed. Councilman Ambarian noted that the Kenai Bi -Lo statement was rather high for paper products and suggested that perhaps the City should go to bid for purchase of these items. s - Mr. O'Connor advised Council that there would be an additional charge 1 for the blade for the front end loader Cin addition to the $60, 000) . z QUESTION: j Motion passed unanimously by roll call vote. 1 G-2: Ordinance No. 284-75 -Snow Removal Mr. Lynn explained to the Council that every winter the Public Works Department runs into problems with vehicles parked along the side of the streets when In the process of snow removal. In some of the City's subdivisions, snow continues ; to build up higher and higher and creates an extremely hazardous situation. The City wants to limit the hardship on those individuals who park in the streets but pp this Ordinance would enable the City to do a much better snow removal job. 1 The dollar amount of the payment of fee for cars towed away would be filled in _ when rates are obtained from a licensed operator, - I t } � F� KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE 6 Mayor Elson inquired if the City Attorney and Police Chief had reviewed the Ordinance and was advised that they had reviewed it in its entirety. Councilman Ambarian stated he felt that the City should tow within the City limits in that the vehicle owner would not have to go outside the City to redeem his vehicle. Councilman Sweet asked if the City would be going to bid for the towing operation and was advised that there is only one licensed operator in the area. MOTION: . Councilman Ambarian moved, seconded by Councilman Morgan, for introduction of Ordinance No. 284-75, Snow Removal. Councilman Morgan stated that in some states to facilitate snow removal parking is arranged on even and odd days opposite sides of streets, etc. and would this J not accommodate those individuals with surplus of vehicles. Councilman Ambarian advised that there was a great cost factor involved with putting up of signs, etc. Mr. Aber advised that the City did not want to enter into the cost factor of collecting towing fees, etc. and did not want to place a burden on the vehicle ; owner but prohibiting the parking of vehicles on City streets between the hours of 4: 00 a.m. and 8: 00 a.m. would enable Public Works to do a far better snow removal operation. QUESTION: 1 Motion passed unanimously by roll call vote. G-3: Resolution No. 75-58 - Water and Sewer I Mr. O'Connor explained that Council bad appropriated ppropriated $lI, 000+ from Impact Funds � into the water/Sewer fund and $5,000 of this amount should have been,put into the Sewer Treatment Plant. MOTION: Councilman Morgan moved, seconded by Councilman Iludson, for the adoption of Resolution No. 75-58 - Interfund Transfer, Sewer Treaht.ent Plant. Motion passed unanimously by roll call vote. G-4: Ratification of "Bill of Sale" Bldg. No. 103 and lease of land - Roland D. Lynn Mayor Elson advised that this lease was prepared on the same principle as the lease for Mr. Miles Dean. The conditions of the lease are the same in that Mr. Lynn, who purchased FAA House No. 103, would pay to the City $100 per month for the land on which the building sat and that this lease would not extend beyond June 30, 1976. j --- r —'1 KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE 7 1 MOTION: Councilman Hudson moved, seconded by Councilman Ambartan, for ratification of the "Bill of Sale" in consideration of the sum of $6,000 received from Roland D. Lynn for FAA House No. 103. Motion passed unanimously by roll call vote. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, for the acceptance of the lease for that portion of land in the FAA Housing Area which sits under Building No. 103 for a monthly rental rate of $100 and also that this lease is not to extend beyond June 30, 1976. Motion passed unanimously by roll call vote. G4: Loan of surplus recreation equipment to Hockey Association Mr. Lynn explained that Hockey Association had developed a new rink through volunteer efforts which is located on Borough lands. The Hockey Association has requested loan of the warm-up building that is presently located near the ball park as well as the light fixtures. Homer Electric Association has agreed to move the lights to the new rink. Administration recommends that in the event the Bureau of Outdoor Recreation should voice some objection, the equipment could be returned to its original location. Councilman Ambarian inquired if placing City equipment on Borough property would create any problems and was advised by Mr. Lynn the City would have no Hability problems. Councilman Hudson asked if the City were abandoning the City rink until we have the funds to put it back into shape and Mr. Lynn advised that the Hockey ` Association did not Me the present location of the rink because of wind conditions. Councilman Ambarian stated that the City should have a contract for the equipment on loan and also the City should verify if the rink would be open to the public or just ' to the Hockey Association. MOTION: Councilman Sweet moved, seconded by Councilman Morgan, that the City loan, on r; a interim basis, to the Hockey Association the warm up but and the lights for use at the new hockey rink. ' Motion passed by roll call vote. Voting yes; Ackerly, Sweet, Hudson, Morgan and Elson. Voting no; Ambarian. I I i I. r; Jt� •...'t � � , i� i t _i. H 5 � KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE 8 = G-6: R -Lee Seafoods - City Maintenance of Cannery Road Mr. Lynn advised that the road in question was located on City owned property thai had beeif leaded to ll -Lee S,fcads. The road not nnly does not serve ary other individuals, establishments, etc. but the road does not meet City standards. The road is approximately one-half mile long. Administration does not recommend maintenance of the road as requested by R -Lee Seafoods. Mayor Elson advised that during previous Administration when the lease was pre- pared, the Lessee was, at that time, made aware that the road would not be maintained by the City as it would not serve the public. Councilman Morgan stated in various situations wherein the individuals are denied winter road maintenance and they are taxpayers the situation should be reviewed, however, when just one individuals is involved he is opposed to maintenance. i MOTION: i Councilman Sweet moved, seconded by Councilman Ackerly, that the City of Kenai does not extend maintenance service to Cannery Road as requested by R -Lee Seafoods. Motion passed by roll call vote. Voting yes; Ackerly, Sweet, Hudson, Morgan and Elson. Voting no; Ambarian. G-7: Title VII - Sr. Citizen Nutrition Grant Mrs. Sylvia Johnson, Director of the City's Senior Citizen Program, advised the Council that this grant would provide a hot noon day meal at Ft. Kenay for 25 cents to anyone over the age of 60 and $2 for those individuals under 60. This program Is designed for senior citizens and low income people. The grant amount is for $6,000 with local match of $670 which would be for the use of the kitchen. Councilman Ackerly brought an error in addition to the attention of the Finance f Director and requested that the grant be adjusted accordingly. Councilman Morgan stated that as the Council had determined there were not enough monies available for janitorial service at Ft. Kenay and what would be situation in this regard. Mr. O'Connor advised that the kitchen would be rented out for $25 each , use which would be used towards janitorial service. Any income from Ft. Kenay goes into the Sr. Citizen Revenue account Mr. O'Connor further advised. a MOTION: Councilman Ambarian moved, seconded by Councilman Morgan, that the City I proceed with the Title VII, Sr. Citizen Nutritional Grant. Motion passed unanimously by roll eall vote. i i 1 V KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE. 9 G-8: Repair of Steam Generator Mr. Lynn advised that the repairs exceeded what is authorized to expend without Council approval. Estimated repair costs are $2,100 to $2,900. The City has looked Into rental, however, rental costs for use would far exceed repair costs. Administration recommends approval and the monies would come out of #42 (unbudgeted) . MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for authorization to proceed with the repairs to the Steam Generator. Motion passed unanimously by roll call vote. Councilman Morgan stated that the auditors had advised that this type of situation should not be handled in form of a motion. Mr. Lynn stated the Administration will be presenting to the Council a Finance Ordinance so that this situation would be handled differently in the future. G-9: FAA Tracts D-2, A-1 (AI -A) and I - Council authorization for Planning Commission to proceed with study and Administration proceed with negotiations with FAA Mayor Elson advised that what has occurred is that Administration has developed preliminary concepts for planning and submitted them to the Planning & Zoning Commission for their review to see if the City should develop the proposed areas, etc. and the Planning Commission is willing to evaluate this property, however, they did request Council authorization to proceed. .Mr. Lynn explained the map displayed for Council review and advised that there were two types of lands involved - airport lands and City owned lands. Administration requested Council authorization to proceed with sale of Parcel 177 and the City will come back to Council with terms, etc. (develop suitable financial terms and also would like Council authorization for Administration to meet with the FAA to negotiate a release on certain lands to be offered for sale. Councilman Ambarian suggested that perhaps Air. Nels Kjelstad, member of the Kenai Planning Commission, might explain to the Council exactly how the Planning Commission wanted to get involved. Mr. Kjelstad explained that when the City Administration presented the plan to the Commission, all members agreed that P&Z could not come to any agreement on those r parcels of land by themselves. The Administration had indicated that there had been considerable interest in the property and requested the Planning Commission to i review for possible re -zoning, etc. Mr. Kjelstad also commented on the fact the Comprehensive Plan has set out different zones then those now being used. —T It is the Planning Commission's feeling that there is enough areas zoned commercial - at present and would like to see the development from the core out. Another Planning - - Commission member, Mr. Clifford Heus, also stated that as it has been several years i since a study had been done, the Commission would need help from the Public Works y and Planning Departments. r" i I. a __ KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE 10 Mayor Elson recapped the situation -- the 40 acres which has been already authorized for sale, there appears to be two problems. As a suggestion, perhaps the City should make smaller parcels or make adjustments in the financing terms. There appears to be men arca of need for study. MOTION: Councilman Hudson moved, seconded by Councilman Ambarian, that the Kenai City Council support the concept that the Planning and Zoning Commission has presented and give the Planning Commission the authorization to proceed with a study. Mr. Lynn stated the City will have the preliminary application for the comprehensive plan filed the end of next week. FAA representatives will be down the first of the week to offer their assistance. Councilman Morgan agreed that the area needed to be "tied together", however, what happens to the users of the facilities at present? (i.e. football field, fire training, etc . ) Councilman Hudson stated that Council is asking the Planning Commission to work on this concept and requested that Councilman Morgan's comments be directed to the Commission to consider during their study. Councilman Morgan added that he would like to see the Planning Commission include in their study alternative recreational sites and facilities. Mr. Rjelstad advised the Council that the Commission would most definitely take into consideration recreational sites, etc. MOTION: Councilman Morgan moved, seconded by Councilman Sweet, to amend the main motion to include the Commission's recommendation of at least 80 acres of City land to be made available for recreational facilities. The amendment to the main motion failed by tie vote. Voting yes; Ackerly, Sweet and Morgan. Voting no; Ambarian, Hudson and Elson. QUESTION - MAIN MOTION Motion passed by roll call vote. Voting yes; Ambarian, Sweet, Hudson, and Elson. • Voting no; Ackerly and Morgan. • Mr. Lynn stated that the FAA is not opposed to getting land released if land will produce revenues. This step would require a Plan, resolution for release from Council, etc. If the City proceeds in this direction, Administration will come back requesting an appraisal. Mayor Elson stated that the City would need a Development Plan before going through steps of applying for release. This will take some time to accomplish. G-10: Resolution No. 75-59 - Interfund Transfer - Fire Department Mr. O'Connor advised that some finishing touches were required on the Tanker Truck. The $10,000 appropriated lapsed June 30th. The $3,300 to be transferred from Non -Departmental, Contingency into Fire Department, Machinery and Equip - men is for repairs and corrections. K KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE Il MOTION: Councilman Morgan moved, seconded by Councilman Ambarian, for adoption of Resolution No. 75-59, interfund transfer. Motion passed by roll call vote. Voting yes; Ambartan, Ackerly, Sweet, Morgan and Elson. Voting no; Hudson. G-11: Payment to Contractor - Library Project Mr. Lynn advised that Administration recommended payment of the first cost estimate in the amount of $89,429.40 to Coastal- Gamble, the contractors on the Library construction project. MOTION: Councilman Sweet moved, seconded by Councilman Ambarian, for approval of payment in the amount of $89,429.40 to Coastal -Gamble. Motion passed unanimously by roll call vote. Mayor Elson inquired if the City had received any monies from the State for the Library project and was advised by Mr. O'Connor that the State required documentation of the payments made before they would reimburse the City. H. REPORTS H-1: City Manager's Report (a) Water Well Project - still in Seattle at the Regional offices. Mr. Lynn advised that he had sent a letter urging them to continue and to authorize the City to proceed prior to approval should the need arise. This was done to exhibit the urgency of the matter. (b) The City Manager reported he will be attending a Labor Relations Management Seminar at Alyeska the remainder of the week. Councilman Ambarian inquired as to the status of the City Code -- back in July Council approved the purchase of the notebooks. Mr. Lynn deferred to the City Attorney who advised that completion of recodification was dependent upon a time factor availability for the City Attorney and Mag Card personage. Councilman Ambarian also asked when a meeting with the Highway Department and Council would be set up and Mr. Aber advised that Representative Hugh Malone had been In the office and was going to contact Air. Spake and will try to get everyone from the Highway Department down here for a joint meeting. ,. ._�...�.�... <.����_., • - ,- - -., �...-.,.- .., iu iii i i II I I i i i i u u■i ,�-,.... _�.,�_.. . -... . •�; • -_ .a. <,,..�Il:..-- - - - - - KENAI CITY COUNCIL,, REGULAR MEETING, NOVEMBER 19, 1975 PAGE 12 1 Councilman Morgan stated he had received a call from a citizen who stated she had been advised that she would not receive maintenance on her street until it was , brought up to City standards -- Councilman Morgan stated that in his opinion the l City should provide snow removal if there is no danger in tearing up the equipment. Mr. Aber stated that if the City provides snow removal on streets not accepted or brought up to City standards, the people will expect the service on a year -around f 1 basis. Councilman Ambarian concurred with Mr. Aber in that the Planning Commission � had spent a great deal of time trying to get these people to construct City accepted streets so that the City can provide maintenance. H-2: City Attorney's Report City Attorney, Janis Williams, requested an Executive Session of the Council immediately following the adjournment of the meeting. H-3: Mayor's Report _ Mayor Elson reported that he had met with the Mayor's Council Aging and they have several vacancies on the Council and will be submitting names to the Mayor on their recommended replacements. Mayor Elson also requested that an effort should be made in regard to Animal Control to alleviate some of the situations which are developing. There will be a meeting of the Mayor's from the Kenai Peninsula in the Borough Mayor's office on December 12th. H-4: City Clerk's Report None H-5: Finance Director's Report The Finance Department has reviewed the Water/Sewer billings and have found 10 to 12 people who have overdue bills (at least 120 days past due) and these Individuals were advised that if payment was not received within 10 days, the matter would be turned over to the City Attorney for legal action and they would have their services disconnected. Mr. O'Connor stated that he officially presented the Annual Audit to the Council and Mayor for the year ended June 30, 1975, at a meeting in the City Manager's office on November 12, 1975. Mr. Carl Hille, Borough Finance Director, had reported that the sales tax revenues had been up 31% over the same four month period last year. KENAI CITY COUNCIL, REGULAR MEETING, NOVEMBER 19, 1975 PAGE 13 H-6: Planning & Zoning Commission's Report None H-7: Kenai Peninsula Borough Assembly's Report Borough Assembly Representative Councilman Pudson reported on Assembly action on various ordinances and resolutions and pertinent school business. I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I-1: Mrs. Ruby Coyle Mrs. Coyle stated she had received a bill from her insurance carrier and had not received an adjustment in the fire rating. Mayor Elson directed the Clerk to make copies available to Mrs. Coyle of all pertinent correspondence, etc. regarding the fire rating matter so that she in turn may forward it on to her insurance carrier. There being no further business brought before the Council, Mayor Elson adjourned the meeting at 10: 30 p.m. and the Council retired to other chambers for the purpose of an executive session. Respectfully submitted, S C. Peter, City Clerk 0 I • J in-iliwiv"uflili milli III III■ I f `j REALTOR' f =6 It F1R[W00 L.N.. SUM 101. ANCMOMOL ALASKA 99WO • PN. s7Z M ''ll, 1 r., ,. 16� . 26, 2.975 jbhn COnnOrs Finance Director City of Komi Box Sao K*=L, Alaska 99611 Dear John, Ibis latter is a proposal to purchase all or part of Goverment Lot 1, Sec 4-TSN-RllW Seward Meridian consisting of 39.99 acres, for a total price of $40,000.00 and assume the assessments asmunting to $17,963.36. Purchase teras we would like would be $4,000.00 down, balance payable at $9,000.00 per year plus 99 Interest beginning .Aute 30, 1976. ffiis would pay off in 4 payments. We would assume the utility assessments payable in S yearly payments including 8% interest, our plan on developing this property is with our own funds for platting, surveying, roads, utilities, etc. One of the partners is an experienced excavator and we plan on doing asst of work ourselves. If this proposal is satisfactory we can close this transaction next week. Regards, Dale VAWpby CITY OF KENAI RESOLUTION NO. 75-54 I A RESOLUTION REQUESTING THAT THE KENAI PENINSULA BOROUGH ASSE11BLY AMEND . THE ZONING ORDINANCE OF THE C`-rTY OF KENAI TO PROVIDE FOR THE REGLTULTION OF / EXTRACTION OF NATURAL RESOURCES, SPECIFICALLY GRAVEL, WITHIN THE CITY OF KENAI. WHEREAS, the Council of the City of Kenai has determined that there is a need for specific regulations covering the operation of gravel pits in the City of Kenai, and WHEREAS, the Kenai Advisory Planning Commission, after request of the Council, has developed a set of regulations regarding the operation of gravel pits, and WHEREAS, the Council has determined that the regulations would be effected most appro- priately by. being included in the Zoning Ordinances of the City of Kenai, and WHEREAS, only the Assembly of the Kenai Peninsula Borough has the power to amend the sorting ordinances for the City of Renal. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai that: Section 1. The regulations regarding operatlon of gravel pits within the City of Kenai are hereby approved. Section 2. The Council of the City of Kenai hereby requests that the Assembly of the Kenai Peninsula Borough amend Ordinance 74-70 of the Kenai Peninsula Borough Code of Ordinances: a. By adding anew subsection 20.30.140(2) (B)3,which would read in its entirety as follows: 3. In the case of a gravel pit, all requirements of Section 20.30.155 hereof are met. b. By adding new sections 20.30.151 through 20.30.158 which would seed in their entirety as follows: Section 20.30.151 Application for Conditional Use Permit An application for a Conditional Use Permit to operate a gravel pit shall be in writing on a form supplied by the Kenai Advisory Planning and Zoning Commission (hereinafter called Kenai Planning Commission) and shall be filed with the Secretary of the Kenai Planning Commission. All applications shall be accompanied by the following documents and information: 1. A site plan, drawn to scale, containing the following: a. Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet. i b. Existing topographical contours with not less than 10 foot contour intervals. c. Finished topographical contours when extraction I is completed with not less than 10 foot contour intervals. d. Existing and proposed buildings and structures on the site. e. Principal access points which will be used by trucks, and equipment including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit. f. Indication of the existing landscape features. ; g..Location and nature of other operations, if any, . which are proposed to take place on the site. ' 2. A'narrative statement containing the following information: a. Soil surveys with reference to the average year around water table throughout the entire acreage. Piezometer may be used to determine an average water depth. b. Estimated amount of material to be removed from the site over the entire period of operation. c. Estimated length of time to complete the operation, or, if the pit is to be operated on a contract basis, a statement to that effect. d. Proposed hours of operation. , e. Method of fencing or barricading the petition area to prevent casual access. 1 i 61 An application for a Conditional Use Permit to operate a gravel pit shall be in writing on a form supplied by the Kenai Advisory Planning and Zoning Commission (hereinafter called Kenai Planning Commission) and shall be filed with the Secretary of the Kenai Planning Commission. All applications shall be accompanied by the following documents and information: 1. A site plan, drawn to scale, containing the following: a. Graphic (and legal) description of the proposed area, including dimensions in feet and number of acres or square feet. i b. Existing topographical contours with not less than 10 foot contour intervals. c. Finished topographical contours when extraction I is completed with not less than 10 foot contour intervals. d. Existing and proposed buildings and structures on the site. e. Principal access points which will be used by trucks, and equipment including ingress and egress points and internal circulation, especially the haul road from the public road to the proposed site of the pit. f. Indication of the existing landscape features. ; g..Location and nature of other operations, if any, . which are proposed to take place on the site. ' 2. A'narrative statement containing the following information: a. Soil surveys with reference to the average year around water table throughout the entire acreage. Piezometer may be used to determine an average water depth. b. Estimated amount of material to be removed from the site over the entire period of operation. c. Estimated length of time to complete the operation, or, if the pit is to be operated on a contract basis, a statement to that effect. d. Proposed hours of operation. , e. Method of fencing or barricading the petition area to prevent casual access. 1 i f. Amount and location of natural screening provided by trees and vegetation, if any, between the property lines and proposed site of pit. S. Plans, it any, to construct artificial screening. h. Description of operations or processing which will take place on the site during and after the time the material is extracted. I. Plan or program of regrading and shaping the land for future use. j. Method of back -filling and proposed development plan showing location of houses, parks, lakes, etc. k. Other information which may pertain to the particular site. 3. Proof that the applicant has obtained a license to operate a gravel pit from the Alaska Department of Natural Resources. Section 20.30.152 Review of Application for Conditional Use Permit The Secretary of the Kenai Planning Commission shall place the application for conditional use permit on the Commission agenda for the first meeting of the Commission for which it is eligible based on the date of filing with the Secretary and the applicable rules of the Commission at that time. At that meeting the Commission shall review the application and accompanying information and shall determine if it meets the requirements of Section 20.30.151 hereof. If the requirements have not been not the Commission shall specifiy the deficiencies therein and shall request that a supplement to the application be filed. The Commission may, in its discretion, request additional information pertinant to the particular site to be supplied by the applicant. Such information shall not be requested unless It can be obtained by the applicant within a reasonable time and at a reasonable cost. Section 20.30.153 Hearing on Application for Conditional Use Permit (' The Kenai Planning Commission shall hold a public hearing on the application at the first regular meeting following the meeting at which their review was made, if no additional information was requested, or, if additional information was requested, at the first meeting following the filing of the supplement to the application containing the requested information. Notification shall be sent and public hearing shall be held in accordance with the provisions of Section 20.30.220(3)(8). i - i ; . I Section 20.30.154 Issuance of Conditional Use Permit On the basis of the application with accompanying information, Any supplemental information filed, and such information as may be presented at the public hearing provided for in Section 20.30.153, the Kenai Planning Commission shall make a determination as to whether each of the following requirements have been met: 1. The area for which the permit is being requested is at least 10 acres in size or 660 feet by 660 feet. 2. The application is in substantial compliance with the requirements of Section 20.30.151 hereof. 3. The proposed use of the land after the gravel has been extracted is feasible and realistic. - - 4. There is 200 feet of natural screening between the proposed pit and the public right of way and.roads and 150 feet of natural screening between the proposed pit and other surrounding property lines. If the natural screening is not adequate that there is an agreement by the applicant to build a site obscuring screen in the event a permit is issued. S. The benefits to the city in terms of economic development outweigh any adverse effects on adjoining.properties. 6. .Applicant has agreed to put up a guarantee sufficient for the reclamation of the land in accordance with his development. If the Kenai Planning Commission determines that all six requirements have been met, the Commission shall direct the Administrative Official as defined herein to issue a conditional use permit to the applicant. The permit shall be issued for an indefinite period and shall be subject to the provisions of Sections 20.30.1SS through 20.30.158 hereof and shall so state. The permit may be expressly conditioned by the Commission upon the erection of artifical screening as specified by the Commission in accordance with Section 20.30.155. Section 20.30.15S Operation by Permit Holders During the period of the conditional use permit the permit holder shall comply with the following provisions: 1. The pit shall be operated substantially in accordance with the site plan and statements that Accompanied the application for conditional use permit, as such IL- 3 may be amended from time to time in accordance with Section 20.30.158 hereof. 2. Sufficient attention shall be paid to drainage of the site, both during and after the site has been reclaimed. where a finished grading plan indicates that surface water will be conducted from the site onto adjacent lands, the plan will be subject to approval of the Administrative Official as defined herein or his delegee. 3. When clearing trees and natural vegetation, the material will be disposed of by approved -methods. 4. The operator will protect his immediate working area from the public at all times. S. During periods of inactivity, the owner of the pit shall take whatever precautions are necessary to prevent the site from becoming an attractive nuisance. 6. 'Bank slopes will be a minimum of 2:1 slope. No excavation will be allowed below the water table except by special permission of the Administrative Official or his delegee. 7. The permit holder shall submit a yearly report to the Administrative Official within thirty days of the anniversary of the issuance of the conditional use permit. Such report shall show the area which has been cleared during the previous year, the current working area and any area which has been reclaimed or partially, reclaimed. The report shall also contain projections of the same information for the next work year. In addition to his report, the permit holder shall submit a report from a certified surveyor as to the quantity of gravel which was actually removed during the preceding work year. S. The guarantee provided for in Section 20.30.1S4 shall be kept current. Section 20.30.156 Yearly Review of Operation The Administrative Official shall review the operations of the permit holder each year within sixty days of the anniversary of the issuance of the conditional use permit to determine whether such permit holder is in compliance with the provisions of Section 20.30.1SS. He shall compile a report based on his review and shall submit his reportalong with the report of the permit holder under Section 20.30.155.7. to the Kenai Planning Commission. W— r Section 20.30.157 Termination of Permit by Administrative Official If the Administrative Official determines, based on his yearly review or any other investigation undertaken by him, that the conduct of the operation is not in compliance with the provisions of 20.30.155, he may revoke the permit. He shall not revoke the permit, however, unless and until the permit holder has been notified of the violation and given a reasonable opportunity to correct it. In the event that a pit is unused for a period of three years, the Administrative Official may revoke the Conditional Use Permit. Section 20.30.1SS Amendment or Transfer of Permit (4 ;No conditional use permit issued hereunder shall be transferred until the proposed transferree has made application for transfer in writing filed with the Secretary of the Kenai Planning Commission, which application shall state that he intends to be bound by the plan and statements contained in the application of the permit holder or shall contain the amendments to the plan his proposed operation would mandate. The Commission shall approve the application for transfer and in so doing amend the site plan and statements if such amendments as are contained in the application for transfer would have been approved had they been contained in the original application. (B) A permit holder may amend his site pian and statements by filing an application for amendment in writing with the Secretary of the Kenai Planning Commission. The Commission shall approve the application for amendment if the original application would have been approved had it contained the provisions of the application for amendment. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS day of November, 1975. CITY OF KENAI, ALASKA JAMES A. LLSUN MAYOR W ATTEST: - - sue C. Peter, City Clerk { o ; Ell November 20, 1975 Jame A. Elson, Mayor City of Kenai P.O. Boz 580 Kenai, Alaska Dear Nr. Elson, As stated verbally before the City Council, our proposal for the 40 acres, located near the High School, is as Yollowss Total purchase of $40,000.00 plus $17,980.00 assessments, with $40000.00 down on signing of the contract, as previously agreed. Termss $5#700.00 per year including 9% interest. A21 sums due *ZA payable at the end of the 3rd year, including the above stated iMereat, and for purposes of obtaining development financing it will necessary for the City of Kenai to subordinate to said development tinancittg. It is our intent as developers to subdivide the land into approximately 100 residential type lots, no more than 20% of which may be classified as duplex, townhouse, and/or condominium lots. It is also our plan to provide municipal utilities, including sewer, -1 1 water, paving, gas and underground telephone/electric and in doing so, design around exist � ung terrain, leaving as much of the environment undisturbed as possible, while maintaining and meeting municipal design requirements. PHONE (90715M., P. O. BO) l ANCHORAGE. ALASKA 99502 j - A wine Page TWO James A. Elson Mr, Cartis is, and has been@ a principle in several developments In the Kenai Peninsula area and is presently preparing a subdivision for presentation for approval by the basnugh. Thank you for your tine and attention to this matter. SinC y, John C. is President J 1 P. O. BOX ANCHORAGE, ALASKA 99502 . �I O J JCC/se 1 r' PHONE (907) Y, i SinC y, John C. is President J 1 P. O. BOX ANCHORAGE, ALASKA 99502 . �I The following are disbursements over $500.00 which r Council approval: Council IWeetlng of December 3. 1975 ;rrr✓i,-r,, VENDOR AMOUNT P. O. f DESCRIPTION Penhm la Roofing $1.230.00 Pon itenaq i American LePrance N.C. 3lachinerq $S,17M.7 im eat -Parts i cam n PW►Y $ 819.27 Pasts Items to be ratified lieealh= Oil IIutxn -�� Nelfonal Rank of Alaska Nat anet Bank of Aleelce Tts reless Insurance i 11. $5,697.10 Middle Man $5,697.02 $ 900.60 Bond. $11,162.30 Pederal Withholding $4.627.63 December Premitmz I inl I 1 II I II . I iiij I I I I II I I -- - CITY OF KENAI Ij - RESOLUTION NO. 75-60 FORT KENAY RENTAL RATES i BE IT RESOLVED by the Council of the City of Kenai, Alaska, that the rental rates for the lower portion of Fart Kenay be as follows: Meetings: All Day $25.00 Evening 10.00 Receptions: E=Iudbg Kitchen $25.00 Including Hitchen Use 50.00 DATED: This day of December, 1875. CITY OF KENAI ATTEST: Sue C. Peter, City Clerk JAMES A. ELSON, MAYOR �ii+r-,��_- - _ate==; _- - ___�.-_ _. _ _ __ ____I -I _-_ ____ -_� ____ - r _ e-"__ __ __ •-•-r-- _ -_ � �_ ---_-F—__.^- _ _ _�+�w��..�..�..�s.--_��_. I I I 1{ -4 I CITY OF KENAI RESOLUTION N0. 75-61 FT. KENAY CLEANING DEPOSIT BE IT RESOLVED by the Council of the City of Kenai that a refundable cleaning deposit be collected from all people or persons renting the lower portion of Fort Kenay. -= The deposit shall be twice the rental rate being charged. The deposit will be refunded provided the Fort is left in the same state of cleanliness as which it was rented. If the Fort to not left in a clean and orderly state, a charge of $10.00 per hour will be deducted from the deposit for cleaning. DATED TRW DAY OF December, 1975. 0 CITY OF KENAI ATTEST: Sue C. Peter, City Clerk i' I FF . I - i i• ' i t -I• -i I )f: i JAMES A. ELSON, MAYOR I I FF .