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HomeMy WebLinkAbout1975-11-05 Council PacketCOUNCIL PACKETS 1975 NOVEMBER �f I S li I, I i� itl J Kenai City Council Meeting Packet November 5, 1975 11 1 Hill 11 1111 1 COUNCH, MLLIANG OF NOVEMBER 5, 1975 R. MORGAN E. AMBARUX J. DOYLE T. ACKERLY W. SWEET A.HUDSON J. ELSON )C,q,q q (4-tj I, � A X q q ty q q q Z� r '�Tp'tnRA�•I)CT" t 'rn: T'nrornhln 11-vyor p ritq rnuneil FROM: IRTar y. HATE.: ',7nvpmbpr 4. 1975 SUMTF,CT. AnT)1TTO%, h rnRRrrTIOXT TO ACMMA Please find enclosed i correc*ed R¢enda 11stinp the following additions and/or deletions: cJ Item F-2 - nelete from Avon& " Additions nrP: e Rom R-1 - Rpnewal of IN -tail Liquor TAcense - ronAtown T,iqunr Rem (;-4 - nrdinanep *•n. 292-75 - .Amryneiing nrd. *•n. 274-75 Item r-8 - nrdinance Vo, 283-75 - Arnnn0int, nrd. vn, 275-75 o t' `t Thnnk you for your attention to this matter. ,j c tV i� AGENDA REGULAR MEETING - KENAI CITY COUNCIL NOVEMBER 5, 1975 - 8:00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL AGENDA APPROVAL B PUBLIC HEARINGS 1. Renewal of Retail Liquor License - Foodtown Liquor 2. C. PERSONS PRESENT SCHEDULED TO BE HEARD 2. D. MINUTES 1. Minutes of the Regular Meeting of October 15, 1975 2. Minutes of the Emergency Special Meeting of October 22, 1975 E CORRESPONDENCE 1. 2. F. OLD BUSINESS 1. Resolution No. 75-54 - Natural Resource Extraction -renef (KerW Penhwale Gammunity Care Genter) !;6 T 9. fteseitt"M lie. 66 httre(wtd er 3. Ratification of Purchase of Warm Storage Building 4. Janitorial Contract - Ft. Kenay -- Proposal for new employee 5. FAA House No. 104 - Mr. Miles Dean 6. 7. G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Ordinance No. 281-76 - supplemental appropriation to reflect funds received 3. Election of Vice -Mayor Befty slick 5. Confirmation of Mr. Arthur Evans - Kenai Planning & Zoning Commission 6. Orientation Work Session for New Council Members 7. Ordinance No. 282-75 - Amending Ordinance No. 274-75 -75 -Amending 8. Ordinance No. 283 Ordinance No. 275-75 9. 10. 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 6. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly's Report I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I 2. r Jay S. Hammond Q 94 YPIL AAM4 GGYam T OF IiLrVE ULA ALMUMITW 9OUR I= SO x. taa. u. —,WCff g 9091 October 24, 1975 Mr. Roland D. Lynn City Manager City of Kenai Box 580 Kenai, Alaska 99611 Dear Mr. Lynn: Enclosed is a copy of an application for: -_- THE RENE14AL OF A RETAIL LIQUOR LICENSE FOR: ` I FOODTOUN LIQUOR; Donald L. & Jennie M. Smith; Willow Street, Kenai; Mail: Box 2941, Kenai, Alaska 99615. Sincerely, oe (Ms) A. A. "Lee" Youned Records & Licensing Supervisor i .• i AGENDA a REGULAR MEETING - KCNAI CITY COUNCIL � OCTOBFR 15, 1975 - 8: 00 P.M. � PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL OATH OF OFFICE, t AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 278-75 - Amending the 1975-76 Fiscal Budget 2. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. John Williams - Assessments of Water/Sewer a Taxation of Property 2. Mr. Miles Dean - FAA house 3, Mayor Heath - City of Homer D. MINUTES 1. Minutes of the Regular Meeting of the City Council of October 1. 1875 E. CORRESPONDENCE 1. , F. OLD BUSINESS 1 1. Resolution No. 75-54 - Natural Resource Extraction 2. Kenai Peninsula Community Care Center Lease 3. Resolution No. 75-56 - Intrafund Transfer 4. American Legion Lease S. Janitorial Contract - Ft. Kenny G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Appointment of Representative to Kenai Peninsula Borough Assembly 9. 8vdoonneeNe. 260 7.6 sing-amount-euthorifed for LibraryrPraJrt.�t' 4. Awarding of Bid - CAP I 5. Kenai Community Library - Revision of Grant Application 6. Kenai Community Library - Sale of lots in Fidalgo S/D for construction of library 7. Airport Land Fund - Purchase a Erect two Equipment Storage Buildings 8. Historical Society Grant 8. Assignment of Lease - Jack R. a Althea F. Peck to National Bank of Alaska 10. 11. 12. 13. 14. 15. 9 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 6. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I. 2. 3. - s-� i .• i AGENDA a REGULAR MEETING - KCNAI CITY COUNCIL � OCTOBFR 15, 1975 - 8: 00 P.M. � PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE A. ROLL CALL OATH OF OFFICE, t AGENDA APPROVAL B. PUBLIC HEARINGS 1. Ordinance No. 278-75 - Amending the 1975-76 Fiscal Budget 2. C. PERSONS PRESENT SCHEDULED TO BE HEARD 1. Mr. John Williams - Assessments of Water/Sewer a Taxation of Property 2. Mr. Miles Dean - FAA house 3, Mayor Heath - City of Homer D. MINUTES 1. Minutes of the Regular Meeting of the City Council of October 1. 1875 E. CORRESPONDENCE 1. , F. OLD BUSINESS 1 1. Resolution No. 75-54 - Natural Resource Extraction 2. Kenai Peninsula Community Care Center Lease 3. Resolution No. 75-56 - Intrafund Transfer 4. American Legion Lease S. Janitorial Contract - Ft. Kenny G. NEW BUSINESS 1. Bills to be paid - bills to be ratified 2. Appointment of Representative to Kenai Peninsula Borough Assembly 9. 8vdoonneeNe. 260 7.6 sing-amount-euthorifed for LibraryrPraJrt.�t' 4. Awarding of Bid - CAP I 5. Kenai Community Library - Revision of Grant Application 6. Kenai Community Library - Sale of lots in Fidalgo S/D for construction of library 7. Airport Land Fund - Purchase a Erect two Equipment Storage Buildings 8. Historical Society Grant 8. Assignment of Lease - Jack R. a Althea F. Peck to National Bank of Alaska 10. 11. 12. 13. 14. 15. 9 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 6. Planning a Zoning Commission's Report 7. Kenai Peninsula Borough Assembly Report 1. PERSONS PRESENT NOT SCHEDULED TO BE HEARD I. 2. 3. i KENAI CITY COUNCIL - REGULAR MEETING OCTOBER 20, 1975 - 8: 00 P.M. PUBLIC SAFETY BUILDING PLEDGE OF ALLEGIANCE f A. ROLL CALL Present: A. L. Hudson, R. I. Morgan, Edward Ambarian, James Doyle, . • H. J. Steiner, 0. L. Thomas and J. A. Elson. Absent: None C-3; Mayor Hazel Heath and Fire Chief Phillip Morris - City of Homer Mayor Elson introduced Mayor Heath of Homer who came before the City Council to make a presentation. Mayor Heath introduced Homer Fire Chief Morris who - thanked the City of Kenai for their donation of a tanker truck to the Homer Fire Department. In expression of their appreciation, Chief Morris presented members of the Council with fresh King Crab and shrimp. E - On behalf of all the Council members, Mayor Elson thanked the City of Yomer f for their thoughtful gift. f 0 OATH OF OFFICE j Mayor Elson presented outgoing Council members N. J. Steiner and Oscar Thomas with certificates of appreciation from the City and extended the heartfelt thanks of all citizens of Kenai for their efforts and dedication during their terms of office. Mayor Elson stated in his presentation "these Councilmen have exemplified dedication to principle in the face of public and private pressure and the adherence to a philosophy of office as attested to in the Council Oath of Office". At this time, Mayor Elson instructed the City Clerk to administer the Oath of l Office to Walter Sweet and Tom Ackerly. Upon affirmation, Councilmen Sweet and Ackerly were seated at the Council table. AGENDA APPROVAL Mayor Elson advised that item G-3 - Ordinance No. 28-75 had been deleted _ from the agenda and there being no objection, the agenda was accepted as corrected. B. PUBLIC HEARINGS B-1: Ordinance No. 278-75 - Amending the 1975-76 Fiscal Budget Mayor Elson introduced Ordinance No. 278-75 and asked for comments from Administration. Mr. Lynn advised that this Ordinance reflected a 100 percent grant from the State of Alaska to the City of Kenai for the purchase of a speed gun. This grant was awarded through State of Alaska Traffic Safety Division. MEN KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 15, 1975 pAGF 2 a MOTION: Councilman Ambarian moved, seconded by Councilman Hudson, for adoption ' of Ordinance No. 278-75. Mayor Elson opened the hearing for public comment. There being no public input, Mayor Elson brought the meeting back to the council table. Councilman Sweet asked what advantages would be received by the City with the speed gun as according to the Police Reports, traffic control appeared to be adequately covered. Councilman Sweet was advised by Administration that as this was a 100 percent reimbursable purchase, it was hoped that the speed gun would aid the police department in more effective traffic control. QUESTION: Motion passed unanimously by roll call vote. C. PERSONS PRESENT SCHEDULED TO BE HEARD C -l: Mr. John Williams - Assessment of Water/Sewer a Taxation of Property Mr. Williams came before the Council to discuss matters regarding the inadequacies in the present method of taxation in the City of Kenai. Mr. Williams stated he felt the Council did not take into consideration the growth potential for the City and the fact that the Borough would raise the appraisal rate when the i Council increased the mill rate. Also, the people living outside the urban section do not receive as good services from the City and their taxes should be judged on the basis of less services -- perhaps these people could be taxed accordingly. Mr. Williams further stated that the citizens of Kenai have been dealt an unjust burden of high taxation and hoped that the Council, in the very near future, would re-evaluate the situation and develop a new tax base. Mayor Elson thanked Mr. Williams for coming and for his well stated comments. C-2: Mr. Miles Dean - FAA House Mr. Dean purchased FAA House no. 104 at auction from the City for $6,000. At this time, Mr. Dean has made application for financing through his credit j U union and would know by the first of the week if his loan has been approved. In the interim period and until such time the loan has been approved, etc., Mr. Dean asked for Council agreement to his proposal to pay the City $500/month and $100/month rent of land and would leave the house in its present location. By April or May of 1976, Mr. Dean proposed to pay the amount owing for purchase ii price of house in full and would then remove the house from its present site. Mr. Lynn advised the Council that the purchase price of the house was $6,000 _- at the auction on July 11th and the City had received $600 down payment from "— Mr. Dean. The requirements of the bid proceedings were that the balance was to = be paid within 30 days and removal by August 30. In calculating Mr. Dean's t= i j. 1 • I Y I I i i :t i III hII Illlllllllll ll loll l�Il�'i '�" —_ -�ai�ir,r KENAI CITY COUNCIL, REGULAR MEETING. OCTOBER 15, 1975 PAGF, 3 proposal to the City regarding monthly payments, the City would receive $7,360 A for the house. Councilman Doyle asked Mr. Lynn if any other bids had been received l and was advised that there had been none. Councilman Ambarian asked if the house would be occupied and was advised by Mr. Dean that it would not. MOTION: Councilman Ambarian moved, seconded by Councilman Sweet, to accept Mr. Dean's proposal of monthly rental payments to the City in the event that he does not receive financing from his credit union. Council asked Administration if there would be any special requirements from the FAA regarding how this money was to be paid and was advised by Mr. Lynn that the FAA had given approval for the sale of the houses but had not stipulated method of payment. MOTION: Councilman Hudson moved, seconded by Councilman Morgan, to table the matter until Mr. Dean has received word on financing. Motion passed by roll call vote. Voting yes; Hudson, Morgan, Ambarian, Doyle, €� Ackerly and Elson. Voting no; Sweet. F D . MINUTES D -L Minutes of the Regular Meeting of the City Council of October 1, 1975 Mayor Elson suggested a correction was in order on page 8, item G-9 as It was not clear as to who had made the motion. The City Clerk advised that the motion was a continuation of comments by Councilman Morgan as it so states In the minutes ..... "Councilman Morgan stated that it was .................... for the maintenance of the road upon completion, he would, therefore:....... ' move, seconded by Councilman Ambarian, that the..........." - The minutes were then approved as distributed. i e' E. CORRESPONDENCE `.I a None 44 1 i° F. OLD BUSINESS F-1: Resolution No. 75-54 - Natural Resource Extraction Mr. Lynn advised that this resolution included the development of guidelines for extraction of natural resources, specifically gravel. This resolution requested that the Kenai Peninsula Borough Assembly amend the zoning ordinance of the City of Kenai to provide for the regulation of the extraction of natural resources, as noted before specifically gravel. At the previous meeting of the City Council, the matter had been tabled due to objections from attorneys representing two gravel pit operators. Council directed these individuals to make available to the Council written comments of their objections and suggestions prior to the next meeting of the Council. �i - F JJ • KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 15, 1975 PAGE 4 1 a M„ Councilman Ambartan suggested that a joint work session with the Planning Commission be arranged to review the proposed regulations. Councilman Ambarian also asked that the new members of the Council be given background information on all pr-creed-Ungs of the gravel pit matter hi order to acquaint them with the matter. Councilman Doyle agreed with Councilman Ambarian and stated that the matter should be taken into further consideration before passing the Resolution as it has been presented. MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, to table Resolution No. 75-54 and request a joint work session with the Planning & Zoning Commission on or before next Wednesday. M Motion passed unanimously by roll call vote. A work session was then scheduled for Wednesday, October 22, 1975, City Manager's Office, City Hall, at 8: 00 p.m. - the City Clerk is to advise the Planning & Zoning Commission of the work session. Mayor Elson also advised the City CIerk to contact all interested parties of the work session so that they may be in attendance. Kenai Peninsula Community Care Center Mr. Lynn advised that this lease had been approved by the Council some time back but there was a need for clarification concerning the term of the lease. Mr. Lynn explained to the new Council members that the FAA had requested that the City bring all leases up to the requirement of meeting "fair market value" lease payments. In doing so, several current leases were reviewed and the Lessee advised of the new rate schedule for payment. The Kenai Peninsula Community Care Center's lease went to October 1, 1975, however, the City is desirous of putting all leases on a fiscal year basis. Therefore, is it the intent of the Council to grant this lease from October to October or to keep within the procedure of placing all leases on a fiscal year basis? Councilman Doyle advised that he was under the impression that the lease was to be granted on a fiscal year basis. Dtayor Elson stated his preference was to table the matter until such time the resolution concerning the matter (next item on the agenda) was prepared properly. F-3: Resolution No. 75-56 - Intrafund Transfer As this resolution dealt with the matter of the Kenai Peninsula Community Care Center, there was no objection from Council to take up the matter in conjuction with item F-2. - r --W_ .KENAI CITY COUNCIL, REGULAR MEETING, 0CT011FR 15, 1975 PAGE 5 i Mayor Elson expressed that the resolution had not been prepared per Council instructions and in his opinion, that the intrafund transfer was not to be handled in the manner as presented in Resolution No, 75-56. Council was in complete concurrence to table the matter of Item F-2 and F-3 until the next regular meeting in order to provide Administration adequate time to properly prepare the resolution. F-4: American Legion Lease Mr. Lynn advised that this lease also was recalculated to meet the "fair market value" payment schedule. The American Legion had rented the facility for $500/year and their lease extends to 1978. City Attorney, Janis Williams, referred to a letter from Mr. Edward Garnett, attorney for the American Legion, a copy of which was included in the Council packet wherein the American Legion advises that their lease is until 1978 and will not voluntarily vacate the facility. TAs. Williams advised that she can, with Council approval, instigate legal proceedings for the Legion to vacate. Councilman Sweet inquired as to the legal ramifications of the City initiating legal action? Councilman Doyle stated he felt that the City was morally obligated to the commitment of the lease. Councilman morgan agreed with Councilman Doyle and stated that the Legion had entered into the lease with the City in good faith. Councilman Hudson stated in his opinion that this Council was not legally bound by the actions of a former Council and City Administration and that this lease was not properly prepared. Mayor Elson stated that this matter would be taken Into consideration at the Executive Session following the meeting. F-5: Janitorial Contract - Ft. Kenay Mr. Lynn advised that when the janitorial bids were presented to Council some time ago, the bids for Ft. Kenay were rejected. However, in reviewing their budget, there had been money budgeted for janitorial services. Since the City rented out Ft. Kenay to private parties for meeting places, etc., a situation had developed wherein the lack of janitorial services is causing a serious deterioration of the building. Administration would, therefore, recommend that the bid be awarded to Alaska Guard at $200/month as they were the low bidder. Councilman Doyle asked how much revenue was received from rental of the facilities and was advised that last year $1,800 was received. Councilman Ambarian suggested a review of the rental rate be made and increased and perhaps a large deposit for clean-up required. Mayor Elson advised the Council that one of the main purposes of building the facility at Ft. Kenai- was to provide a low cost meeting place for the citizens of Kenai, The original concept was that it be a public meeting place at a very minimal cost. Councilman Ambarian suggested that a deposit be required so that in the event the facility is not left in its original state after renting, the deposit could be used to hire janitorial service. Councilman Sweet advised that the National Guard Armory requires a deposit which is refunded if the building is left in a satsifactory - 1z 0 - - - -- - - _„ , -, - .. a-. - � � � � .i '.L . I �.. - ._ _ _- __ •rte-=---� �..-.,- i •y� KXNAI CITY COUNCIL, REGULAR MF FTING, OCTOBER 15, 1975 PAGF 6 state. Councilman Ambarian requested a revised lease/deposit agreement along with a janitorial agreement for the next regular meeting of the City Council. G NEW BUSINESS G-1: Bills to be paid - bills to be ratified Mr. Lynn advised the Council that the second item under "vendor" which is to Leo Oberts is to be deleted until the Finance Department has had the opportunity to do further investigation into the matter. However, Administration did recommend payment of the remaining items. B40TION: Councilman Hudson moved, seconded by Councilman Ambarian, for payment and ratification of the bills as presented. Motion passed unanimously by roll call vote with Councilman Doyle abstaining on Doyle's Fuel billing and Councilman Morgan abstaining on the Peninsula Clarion billing. G-2: Appointment of representative to Kenai Peninsula Borough Assembly As H. J. Steiner did not run for re-election, a replacement from Council would have to be selected to represent Kenai on the Kenai Peninsula Borough Assembly. MOTION: Councilman Ambarian moved, seconded by Councilman PTorgan, for the appointment of A. L. Hudson as Kenai's representative to the Kenai Peninsula Borough Assembly. The motion passed unanimously by the Council. fi z{ ;l Councilman Hudson advised that due to prior commitments, he would not be able to attend the Assembly meeting of November 4th but would be able to attend all _ meetings thereafter. I. r G-3: Deleted ., G-4: Awarding of Bid - CAP Sand Point and Septic System 4 -4 Mr. Lynn explained to the Council, as no bids were received for this project, the Public Works Department had contacted various local contractors and at this time received four bids. The low bid was Blocky Rutherford Backhoe at $2,375. -- Mayor Elson asked that as the original terms of the contract were to hook CAP '{ up to water and sewer -- is the City still obligated to make connection when lpossible even though a septic system has been installed? Mr. Lynn advised that the City would still be obligated when water/sewer was available. w r i -i ;= r 0 - �V - . •KENAI CITY COUNCIL, REGULAR MEETING. OCTOBER 15, 1975 PAGF 7 Councilman Ambarian asked what type of system the Public Works Department planned to have installed and was advised by Public Works Director, Phil Aber, that the plan included a very simple system. Mayor Elson asked what the annual utility billing was and Mr. O'Connor advised that it was approximately $2,000/year. MOTION: Councilman Morgan moved, seconded by Councilman Doyle, to accept the low bid of $2,375 from Blocky Rutherford Backhoe for the Civil Air Patrol Sand Point and Septic System. Motion passed unanimously by roll call vote. G-5: Kenai Community Library - Revision of Grant Application Mr. Lynn advised that this item should be stricken as it will be covered in Item G-6. G-6: Kenai Community Library - Sole of lots in Fidalgo S/P, for construction of library Mr. Lynn advised that the City of Kenai had received verbal approval from the State of Alaska giving the City the authority to purchase four lots for the library (Lots 3, 4, 12 and 13, Block 1, Fidalgo SID). Of the actual increase to the amount of the grant, the State would pick up 60% and the City would pick up 40% (actual increase amount to the City's bond funds would be approximately $10, 000) . Mayor Elson inquired if the City were to purchase the land,would the City receive a deed without restrictions from the FAA? Air. Lynn stated that the FAA agreed to the sale. As with inflation, etc. an estimated $42,900 would be derived which would be much higher than a lease rate over a ten year period which would result In half of the revenue of the sale. The proceeds from the sale of this land would be placed i the airport fund. The City has discussed many times the need for warm storage facilities as the equipment cannot be started in sub -zero weather and the down time is very costly; therefore, Administration is proposing that a portion of the $42,900 from the sale of the lots be used for the construction of the warm storage facilities. At this time, Mr. Lynn presented a proposed sketch of the facilities. j Mr. Phillip Aber, Public Works Director, further added that the proposal as Ij submitted for construction did not include a concrete floor. Mr. Lynn advised that after discussions with the FAA, they agreed that this would be an acceptable expenditure if certain requirements were met. Mayor Elson asked on the purchase of the four lots -- do we have funds or % are we talking about cash money? Mr. Lynn advised that this would be bond money. Mayor Flson then stated that this would mena the airport land fund would receive - hard cash. KENAI CITY COUNCIL, REGULAR MFF.TING, OCTOBER 15, 1975 PAGE 8 Councilman Morgan stated that with the purchase of the land and then the construction of the warm storage facilities, this would mean a commitment of $11,500 each year in rental payment to the airport land fund -- can this Council commit the City in this regard? I I MOTION: Councilman Ambarian moved, seconded by Councilman Doyle, for Council authorization to increase the Kenai Community Library project cost to $598,900 with the increase in the City contribution being $10,000 from bond money. Council discussion followed concerning the subsidy of the airport and Councilman Morgan asked if the $42,900 could not be applied against the subsidy? Mr. Lynn advised that it would be regarded as unanticipated revenue. Also, with regard to the proposed quonset but type structure to be built, Councilman Morgan asked if a structure of this type could be built in the City (building codes, etc.) Mr. Aber explained the structure of the building, the ability to add length in the future, insuHation, etc. Councilman Sweet suggested in aiding to eliminate the deficit of the airport funds, by Council action could all three funds be combined? Mayor Flson explained that HUD had required the separate terminal fund at the time the terminal building was cnstructed. The airport land fund has to be kept separate from all other funds. Basically, the City has five different funds and must be looked at as five separate corporations and not combined. Councilman Sweet stated in his opinion, the City should start divorcing itself from the airport - find suitable lands to build on that are not encumbered. Councilman Ackerly asked if the City could get title on the airport land. mayor Elson responded that the City did have title to this land, however, the FAA deeded the land with certain restrictions to derive revenues to support the airport as Kenai is such a small community, the FAA anticipated that the airport would not be. self supporting. MOTION: Councilman Ambarian moved, seconded by councilman Doyle, that the City sell lot 3, 4, 12 and 13, Block 1, Fidalgo Subdivision for construction of the Kenai Community Library and that the monies received! from the sale go to the airport land fund. The price of these four lots is to be $42,900. Motion passed unanimously by roll call vote. G-7: Airport Land Fund - Purchase and erect two equipment warm storage buildings With regard to this matter, Mayor Flson stated he was inclined to go ahead and give authorization to erect buildings but felt the Council should be presented with exact cost figures, etc. first. ii �1� �I'li � -.� � BIW VIII VIII III IIIIL I 1111 III I•I � •II 1111 ��111 KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 15, 1975 PAGE 9 Councilman Ambarian asked if the City planned to erect these buildings by force account? Mr. Lynn advised that this was the intent of the Pity. Councilman Doyle inquired if the City would go to bid on the construction and Mr. Aber advised that there was only one vendor that handled the quonset type of structure in the n - 11R TLynn stated the City uould. udvertisc tv iiwure .^.Il Interested parties arca - .• r . �, .... ... City as were given notice and to verify that this was the only supplier in the area. Councilman Morgan stated he felt it would be premature to authorize the construction of the building before receiving funds from the State. rRr. Lynn advised that these monies would come out of the bond fund, Mayor Flson also stated that he felt it might not need Council action immediately until funds are received or written commitment from the State is received. Councilman Hudson stated the Administration needed some authority to proceed for the airport land fund to purchase and erect two equipment warm storage facilities with a cost not to exceed $33,000. MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, for Council authorization for the purchase and erection of two warm storage facilities for a cost not to exceed $33, 000 pending written approval from the State for purchase of the four lots in the amount of $42,900. Councilman Morgan stated he wanted clarification from Finance as to how this would be handled on paper. Mr. O'Connor advised that if the City did not receive written confirmation from the State, the matter could be dropped, however, the City will have money from capital improvement fund and bond fund. Mayor Elson stated that there would be a lag between approval of money and receipt of money -- no legal authorization until the Ordinance is passed by Council. Councilman Hudson inquired as to the minimum time the Council has to put through an Ordinance under emergency conditions. City Attorney, .Tanis Williams stated that an Ordinance can be passed and adopted in one meeting if declared an emergency. MOTION: Councilman Doyle moved, seconded by Councilman Ambarian, to table the matter of purchasing and erecting two warm storage facilities until written notification has been received from the State of Alaska. Motion passed unanimously by Council. G-8: Historical Society Grant This grant was sent to Mrs. Beverly Fillio of the Kenai Planning & Zoning Commission requesting that the City embark on seeking money for various projects for historical preservation. The grant was referred to the Planning & Zoning Commission for their comments before Council action. KENAI CITY COUNCIL, REGULAR MEETING, OCTOBER 15, 1975 PAGE 10 G-9: Assignment of lease - Jack R. & Althea F. Peck to rational Rank of Alaska Air. Lynn advised that for security of a loan Mr. Peck has taken out for the expansion of the Kat Mai, the bank has required assignment of lease. Administration recommended Council approval. Mayor Elson briefly explained the City's policies and procedures on lease of City owned lands and facilities to the new Councilmen. MOTION: Councilman Doyle moved, seconded by Councilman Hudson, for approval of the assignment of lease from Jack R. a Althea F. Peck to National Bank of Alaska. Motion passed unanimously by roll call vote. H. REPORTS H-1: City Manager's Report (a) Contract with Harold Galliett - Mr. Galliett has been out of the City, therefore, the City has been unable to sign the amendment of the contract. Mr. Galliett will be contacted immediately upon his return. (b) Unanticipated customer repair for water/sewer - Council instructed Administration to spend money already allocated for water/sewer fund - 9200 expenses to make repairs was placed in =budgeted expenditures. (c) Float Plane Basin - The City has filed for grant application for planning funds through the State - have also discussed ADAP funds with the FAA. (d) Home Site Loop Property Owners - letters have been sent advising of the cost savings in installing stubs prior to the paving of Fome Site Loop (Forest Drive) and would the residents be interested in having an Assessment District set up. (e) Information has been relayed to the Grace Brethren Church regarding costs in installing and connecting mains. 11-2: City Attorney's Report City Attorney, Janis Williams, advised Council that she would prefer to defer most of her report to the Executive Session which will be held immediately following the Council meeting. However, regarding the Filler vs. the City of Kenai appeal, the City needs to post a $750 bond -- if the City wins, the money will be refunded or it will be applied to any judgement if the Court finds i In favor of Mr. Filler. It is the recommendation of Administration to post the bond. MOTION: Councilman Pudson moved, seconded by Councilman Ambarian, that arrangements be made to post a $750 bond, through our attorney Karl Walter, in the matter of the Filler case appeal. Motion passed unanimously by roll call vote. i I- F_71 gENAI CITY COUNCIL, REGULAR MFETING, OCTOBER 15, 1975 PAGE. 11 C Councilman Ambarian inquired as to the status of the Lofstedt lease and was advised that Mr. Aber had talked with Mr. Lofstedt and they are moving their equipment. Also. Lofstedt did indicate a desire in picking up the lease on the lot adjacent to their present leased lot. Councilman Morgan asked Administration for the latest status on the construction of Forest Drive and Beaver Loop and Mr. Lynn advised that the State had indicated verbally that they could meet the City standards. Councilman Morgan also asked what action by Council would be required for the rezoning of that area along the Spur Highway to be designated as a Bicentennial Park. Mr. Lynn stated that the Planning & Zoning Commission had recommended approval and the Council would have to so recommend to the Borough for the rezoning of the area in question. Councilman Hudson reminded Administration that in his motion at a previous meeting, instructions were that nothing would be done until the matter was coordinated through the FAA. Mayor Elson instructed Miss Williams to draft a resolution prior to the next meeting for the rezoning of the area and send it to the FAA for their comments. H-3: Mayor's Report Mayor Elson advised that he would be attending the Municipal League meeting in Anchorage October 28 -November 1. If any Councilmember wishes to include their comments and questions regarding League policies, please advise and Mayor Elson will present them during the meeting. H-4: City Clerk's Report None H-5: Finance Director's Report Mr. O'Connor advised that the audit is ready to be sent to Peat -Marwick in Anchorage for their final review and upon completion, the final results will be mailed directly to each Councilman. Councilman Morgan inquired as to when the City would have a Capital Improve- ment Budget -- Mr. Lynn advised that the City hopes to have one prepared to go before Planning & Zoning prior to next year's budget. 1I-6: Planning & Zoning Commission's Report None H-7: Kenai Peninsula Borough Assembly's Report Mayor Elson advised that the one item of interest to the City was that the Borough would not grant a waiver on the penalty and interest charge for the Sheffield House. _ __ `.^ II IIh I- I III I ni lii' milli I Iwl III III III�II II11� .^ KENAI CITY COUNCIL. REGULAR MEETIAIG, OCTOBER 15, 1975 PAGE 12 I I. PERSONS PRESENT NOT SCHEDULED TO BE HEART None Councilman Doyle stated that $9, 000 budgeted in the Fire Department - would like a report on status of that $9,000 at the next meeting. M Mayor Elson advised that the Borough would like to set up a meeting with representatives of the Alaska Public Commission office regarding "Disclosure" i and would like the meeting to include City officials. f The Mayor further stated in his opinion he does not see where the City plays a role in the disclosure matter and that the City should not keep any of the disclosure information on file. If anyone in the community wants the information it would then be the responsibility of the Public Commission Office to relay this information. Mr. Lynn advised the Council that the beach access bridge was completed and a "dedication" will be held on October 24 at 4: 00 p.m. at the bridge site. Mrs. Ruby Coyle inquired if Administration had sent a letter to the ISO advising that a tanker truck was in service for the outlying areas and was advised that such a letter had been sent on October 7, 1975, and copies are available at City Hall. There being no further business of the Kenai City Council, Mayor Elson adjourned the meeting at 11: 00 p.m. Respectfully submitted. Side C. Peter, City Clerk I� 1 I - ^ AGENDA I � - ' EMERGENCY SPECIAL MEETING - KENAI CITY COUNCIL - " OCTOBER 22. 1975 - 7: cc P.m. CITY MANAGER'S OFFICE - CITY HALL t i ' A. CALL TO ORDER I Resolution No. 75-57 - Call for a Special Meeting ' B. OLD BUSINESS B-1: Ordinance No. 280-75 - Amending Ordinance No. 264-75 Airport Land Fund (erection of warm storage facilities) ! C. ADJOURN TO WORK SESSION WITH PLANNING & ZONING COMMISSION i I - I 'I - _ I� ' 1 I ! .I r I' i I �f f 1 Imo_ lift I 1) I 1 I 1 I _ _ IJ ` - I - li } 1 I, I I +" IF r 0 KENAI CITY COUNCIL - SPECIAL EMERGENCY MEETING OCTOBER 22, 1975 - 7: 00 P.M. CITY MANAGER'S OFFICE - CITY HALL CALL TO ORDER Resolution No. 75-57 - A resolution calling for a special meetinf, Mayor Elson read Resolution No. 75-57, a resolution declaring that an emergency exists which justifies the calling of a "Special Meeting" on shorter than 48-hour notice. All Council members present would be required to be in agreement with the calling of the "Special Meeting" in order to declare all business conducted during the meeting valid. MOTION: Councilman Sweet moved, seconded by Councilman Ambartan, for the adoption of Resolution No. 75-57. Motion passed unanimously by roll call vote. ROLL CALL Present: Tom Ackerly, Edward Ambarian, A. L. Hudson*, Walter Sweet & James Elson Absent: James Doyle and Richard Morgan B . OLD BUSINESS B-1: Ordinance No. 280-75 - Amending Ordinance No. 264-75 Airport Land Fund (erection of warm storage facilities) Mr. Lynn advised the Council members that a telegram had been received from the State of Alaska verifying that the Library Grant had been increased to $356,505. Administration was, therefore, proposing that the four lots (Lots 3, 4, 12 and 13, Block 1, Fidalgo Subdivision) be sold at their appraised value of $10,750 each and the proceeds placed into the Airport Land Fund and then the Land Fund purchase and erect two warm storage facilities. The proposed Ordinance as presented does not indicate the amount under expenses: buildings and contingency, as the City had additional proposals for the construction of the warm storage facilities and the amounts would be determined upon selection of buildings to be constructed. Mr. Phillip Aber, Public Works Director, advised that after the last meeting wherein discussion was held on the type of buildings to be constructed, he had received additional proposals from other vendors. In addition to the quonset type of building he had received a proposal for a standard type of building (401x60") which would be more compatible with the present facility. The price would include walk-in doors, overhead doors and 3" insulation for a price of $35,172. In addition, wiring, concrete for foundation, etc. would be required for a total construction price of $44,286. KENAI CITY COUNCIL, SPECIAL EMERGENCY MEETING, OCTOBER 22, 1975 PAGE 2 i I .. • Councilman Hudson in at this time. Councilman Hudson asked the reason for the increase in the cost for constructing the facilities as the first proposal was considerably less and the City is not in a position at this time to spend more money. Discussion followed concerning the feasibility of each type of building. Mayor Elson stated in his opinion that the proposal for the standard type of building exceeds the amount of money from the sale of the land - the other proposal for the quonset type of buildings falls more into line. Councilman Sweet stated that he felt for the $6,000 for the difference between the construction costs of the two buildings, the quonset type of building is not as acceptable as the standard type. Councilman Ackerly asked what would be done with the unanticipated revenues that would go into the Land Fund and Mr. Lynn advised that they could be used for capital improvements (repair of runways, etc.) . Councilman Hudson moved, seconded by Councilman Ambarian, for the adoption of Ordinance No. 280-75 with a dollar figure for construction of the warm storage facilities not to exceed $42,900. Councilman Sweet spoke against the limiting of the construction cost in that It would be "short sighted" to build a facility that could not be improved upon in the future. QUESTION: Motion failed by roll call vote. Voting no; Ackerly, Sweet. Voting yes; Ambarian, Hudson, and Elson. (In order to pass an emergency ordinance, there must be five affirmative votes -- no matter the number of Council members in attendance) . Mayor Elson adjourned the special emergency meeting of the Kenai City Council at 8: 05 P.M. After discussion by members present and the circumstances of the dire situation at hand, Mayor Elson called the meeting back to order. MOTIONS Councilman Hudson moved, seconded by Councilman Ambarian, for reconsideration. Motion passed unanimously by Council MOTION: Councilman Ambarian moved, seconded by Councilman Ackerly, for adoption of Ordinance No. 280-75, contingent upon approval from the Federal Aviation Administration, with a dollar figure for construction of the warm storage facilities not to exceed $42,900. Motion passed unanimously by roll call vote. KENAI CITY COUNCIL, SPECIAL EMERGENCY MEETING, OCTOBER 22, 1975 PAGE 3 There being no further business, Mayor Elson adjourned the meeting at 8: 20 p.m. F " Respectfully submitted, $yk C. Peter, City Clerk Mf f i ,U'i•3 1 ? s: �4 T' L i _ f CITY OF KENAI RESOLUTION NO. 75-54 A RESOLUTION REQUESTING THAT THE KENAI PENINSULA BOROUGH ASSEMBLY AMEND THE ZONING ORDINANCE Ok THE CITY OF KENAI TO PRO FIDE FOR THE REGULATION 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 zoning ordinances for the City of Kenai. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai that: Section 1. The regulations regarding operation 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 a new section 20.30.155 which would read in its entirety as follows: . ._. - - � �t .. _.. � --�—� _,. a ^I�-- � — -;=- ----—^�u�r��----------� � I ■� Section. 20.30.155. Before a Conditional Use Permit can be granted a complete plan showing operation, development and reclamation must be approved -by the Kenai Planning Zoning Commission. This plan shall include but not be limited to the following: 1. A alte plan, drawn to scale, shall be submitted with any application for a Conditional Use Permit. Such site plan shall show the following information: a. Graphic (and legal) description of the proposed area. b. Existing topographic contours (not less than 10 foot contour intervals) . c. Finished topographic contours when extraction is completed; (not less than 10 foot contour Intervals.) d. Existing and proposed buildings and structures on the site. e. Prinicipal access points which will be used by trucks, and equipment including i Ingress and egress points and internal circulation. f. Indication of the existing landscape features. g. Location and nature of other operations, H any, which are proposed to take place on the site. h. Permit must be for a minimum of 10 acres or 660' x 6601. - - 2. A narrative statement shall also be submitted with the application for a Conditional o i Use Permit. Such narrative shall set forth in detail the following definitive information: a. Method of drainage. b. Method'of fencing or barricading the petition area to prevent casual access. a. Estimated amount of material to be removed from the site. Id. Estimated length of time necessary to complete the operation. e. Description of operations or processing which will take place on the site r ; ' during and after the time the material is extracted. f. Plan or program of regrading and shaping the land for future use. g. Proposed hours of operation. h. Method of back -filling and final development plan as to location of houses, parks, lakes, etc. i. Other pertinent information that may pertain to the particular site. ---- ---� .. _ „. ..-_�.v-..-_. - :�.:—�.��'� �� .ii •Iii -i, � ninr�� - - — -_ _ -- - - _ - 3. General Requirements: a. 200' of approved screening required between pit and public ROW and roads; also 150' from all other surrounding property lines. 1. Screening shall be of natural trees and vegetation. 2. If natural screening is not adequate, a site obscuring screen will be built in addition to the natural screening. b. Soil surveys with reference to the average year around water table through- out the entire acreage. Piezometer may be used to determine an average water depth. CC).' Sufficient attention should be paid to drainage of the site, both during the extraction period 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, thelan will be subject t�pe approval of the $ubli "' W rks De artment. d. Yearly report, which will show area to be cleared, working area, and area to be reclaimed. A report from a certified surveyor as to the quantity o�, .� gravel removed for that one y period. • li d' , 9, f•._ �� - e. � �� ., 3 a.� Haul road from pit to public road shall be so constructed that pit is not visible from public road. f. Proof of a license to operate a pit from the Alaska Department of Natural Resources. g. Guarantee: . Alternate No. 1 - The gravel pit owner -operator shall provide a minimum cash guarantee of $5,000 prior to the approval of a Conditional Use Permit by the Kenai Planning and Zoning Commission. The gravel pit owner shall provide monthly payments into the account in the amount of 15% aof the price charged for all gravel sold. The escrow account shall be R deposited in a bank located within the City of Kenai. The escrow account shall be in the name of the owner, but a resolution from the City of Kenai -i shall be required for the release of monies in the fund after restoration of the pit has been approved by the Public Works Director of the City of Kenai. f Alternate No. 2 - Minimum amount of guarantee to be determined by the I City Public Works Department for the costs of reclamation determined by such costs as the removal of top soil, drainage, replacement of top soil, total acre feet. to be removed. The amount determined above shall have the same escrow arrangement as in No. 1. a �1 s, I -: .�_ % --► � _"_ - � �R-_moi_ I I � /I I. I I, I I III IIII I I I I -I it I Alternate No. 3 - Any cost to the City for reclamation of a pit shall become a lien on the property and the property may be assessed for the full amount of the cost of the reclamation. h. Permit will be non -transferable. I. Pit operations will be reviewed yearly to determine compliance with the Conditional Use Permit. j. In the event that a pit is unused for a period of three years, the Conditional Use Permit will be terminated and the cash guarantee fund may be used by the City for restoration of the area or other action as indicated in Section 3-g. 'k. During periods of inactivity, the owner of the pit shall take whatever precautions as are necessary to prevent the site from becoming an attractive nuisance. 1. In the event the above conditions are not adhered to, the Planning Commission may, at any time, terminate the Conditional Use Permit. 4. a. When clearing trees and natural vegetation, the material will be disposed of by approved methods. b. Sufficient overburden and top soil will be stock piled for reclamation purposes. C. The operator will protect his immediate working area from the public at all times. d. 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 Public Works Director. Pit must be kept drained and free of ponded water, or if man- made lake is to be created, flatten slopes to 10:1. e. The Public Works Director will develop further detailed guidelines for Natural Resources Extraction. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS day of October, 1975. CITY OF KENAI, ALASKA JAMES A. ELSON, MAYOR I � I III l � I i � fast* 1 "D*M T A"Oftu*1/* 1 agm ~9861Mat KM. 11A."1999 *t*a.*usa►*ts: 'Ituawa t**.t*** 2. u PRESENTATION ON CITY OF KENAI RESOLUTION 75-54 t Chester Cone has been a resident of the Kenai Peninsula and specifically the area now incorporated in the City of Kenai for 25 years. He is a substantial tax payer. He is a sub- stantial businessman. He has been continuously a resident, and either employed or in business during that entire time in this community. He may have a continuity of business activity exceeded by nobody else in the Kenai community. The reason for commenting in this fashion is to let you know you're not dealing with a promoter who is booming in from Anchorage to skim off what appears to be some gravey and then is going to be done tomorrow. He expects to be here to serve the public as a gravel pit operator, which as all of you know, is a very essential part of the activities in Kenai at the present time. The continuity of Chester Cone's gravel operation has no equal in the City of Kenai. The activity has been continuous and has met the standards required by governmental agencies as well as the prompt service that one would expect of somebody serving the public. Mr. Cone has done the preparation re- quired for conditional use permit for continuous operation 1 of his gravel pit activities. On some of the previous agendas, it has been indicated his application is a gravel pit expan- sion, a more accurate phrase would probably be gravel pit continuation or continued availability for public service. 13. Chester Cone received a conditional use permit by action of the Kenai Peninsula Borough Planning and Zoning Commission in their regular meeting of 2 June, 1975. Therefore, it can be argued that Resolution 75-54 really does not affect Mr. Cone's operation as he presently proposes to continue operations. 4. However, Chester Cone, having been in business and intending to continue in business to serve the general public, wants to look to the future so that he will be able to serve as re- quired. To do that requires knowing that he can operate within the regulations specified. In that connection, he wants to comment as follows on Resolution 75-54: Sl(c) strict conformance with topographic contours when finished could be very expensive. Such finishing could raise the eventual price of the product to the public. 12(c) regarding the estimating amount of material to be re- ! moved can be hideously expensive. For example, a recent effort at cross sectioning on a small amount of gravel re- sulted in a bill that was $300.00. The Council should remember that the pits in which Chester Cone has been working have been. open for almost 20 years and are not exhausted, although pre- sent uses seem to be accelerating. It would be very difficult to tell how much has been taken out of those pits, let alone to have forecast how much could be removed. In order to con- duct a proper operation, work over a general area should be accomplished so that you don't dig a deep hole causing ponding and adverse affects upon the water table. I IV ' i I I� I `+ 12(d) the estimated length of time necessary to complete the operation is exceedingly difficult from the experience Chester +� !I Cone has had in Kenai on gravel pits available here. He's worked for 20 because years and still not exhausted a pit of ' proper operation. - I 112(h) the projection of backfilling and final developmwnt plan, complete as to use for residential housing, parks or +' lakes is difficult, if not impossible, to project in view of }• the experience in operating one gravel pit for 20 years. That I gravel pit is still open and usuable. It has not damaged the water table and is not ready for reclamation. !' 1I3(a) requiring 200 ft. of approved screening is excessive. i It's excessive because to use that much of the land for ` screening could reduce the availability of gravel to the cen- tral area of the City of Kenai. The additional cost to resi- dents of the City of Kenai might inhibit building on the in- stalled water/sewer lines which is most economical. = S3(a)(2) it should be reasonable to indicate what sort of site screening should be built. If it is too expensive, your citizens of the community could pay more for gravel. {`I 43(b) requiring a soil survey for the average year-round !' water table could be prohibitively expensive. i 13(c) placing so much discretion in the director of the Public Works Department for drainage is unfair and could cause more problems than intended to avoid. 13(d) requiring a yearly report from a registered land surveyor, (this appears to require cross sectioning), could be exceedingly expensive. 13(e) requiring the haul road to be completely screened from the public road--is this not a hazard to traffic on the con- necting thoroughfare? " With respect to the guarantee, the Council should draw a dis- tinction between an operator pe just initiating a gravel pit op- eration and an operator has been who available and is a person i of substance. The best example I can think of is Chester Cone. In this connection, I would suggest the following for a guarantee: Q - f (see attached) ` ! I 13(h) permit will be a non-transferrable one. There should I be some provisions for approval of a permit transfer. Other- , 4 wise, an operator who might wish to take over a responsible Ltd operation and continue it for the service of the public, could have trouble getting financing to do.so. Additionally, f the operator who has operated under supervision can suggest what is to be done in the future by the way he's operated in ' the past and make the site-easier for the City to supervise and administer. It also leaves the public with an awareness n.....aa.w.a.... + and understanding of the service that is available and its continuity. suw.�ut+uuu>> _ Tturr.sluasss 14(c) requiring protection of the immediate working area from the public at all times could be very expensive if this re- quires fencing. After there is a screen of 100 ft. and such notice or posted signs, that should be all that is necessary. -2- I • I f, f FUXIN • HOUADAT ' AiTOIMtY{ M{1. ' QW /ttttlf�IttL �fl NtttN ' i TtttMtftf{Alf{{ .fl ' t -i I T i• �• 14(e) should be omitted because anybody undertaking the operation should not be exposed to "open end" additional guidelines. 6. It should be remembered that the Department of Natural Re- sources of the State of Alaska has supervisory powers, the Bn_rcaie of Mines of the U.S. Department of Interior has super- visory authority and to subject another type of supervisory authority would be very burdensome and raise costs to the public. 7. Comments have not been made upon all of the provisions. The provisions not commented upon, it is hoped, can be lived with. It is suggested the Council consider the suggestions of qtr. Cone and make appropriate amendments. 8. I would again argue and request for Chester Cone that he should not be required to apply all over again. As stated before, he has received a permit for the operation, which will continue his service to the public as a gravel pit operator just as he has carried on for the preceding 20+ years. Therefore, he should not be required to come under this provision because he has "grandfather rights." When you have somebody who has operated, you know how he's going to continue to operate. It's only for the novice that you i; really want to lay out all the guidelines. Yours truly, FISHER b HORNADAY, Att s for ChesWqa;VA- By: JAt S E. FISHER -3- 1 I t7- .ALTERNATE NO. 1 (a) A gravel pit owner/operator, in operation 11prior to October 1, 1974, will be required only to pay into the cumulative escrow account. A Conditional Use Permit shall be issued to such operators without a minimum cash guarantee. A 11gravel pit owner in operation prior to October 1, 1974, who has I 'been in continuous operation for three years prior to said cutoff date, shall provide monthly payments into the account in the I. !'amount of 5% of the price charged for all gravel sold for restora- tion cost reserve. The escrow account shall be deposited in a bank located within the City of Kenai. The escrow account shall be in the name of the owner, but a resolution from the City of Kenai 11sha11 be required for release of monies in the fund after restora- i;tion of the pit has been approved by the Public Works Director of 1,the City of Kenai. :1 I (b) The gravel pit owner/operator entering business after October 1, 1974, shall provide a minimum cash guarantee of i'$5,000 prior to the approval of a Conditional Use Permit by the -.7 ;Kenai Planning and zoning Commission. The gravel pit owner shall provide monthly payments into the escrow account in the amount of ilO% of the price charged for all gravel sold for a restoration cost reserve. The amount determined in Alternate No. l(b) will 1have the same escrow arrangement as in Alternate No. l(a). ALTERNATE NO. 2 (a) For operators in operation before October 1, 1974, and who have had a continuous record of three years prior operation, the City of Kenai Public Works Department shall detertnina a minimum amount of guarantee for costs of reclamation, such costs IFOUto a HOINAMY Ito include removal of top soil,* drainage, replacement of top soil, `""';;;;„,""'!subject UNtw"O""""!subject to appeal to the City Council, and said minimum shall not exceed $ 1,000 per acre. After the reserve has accumulated the sums required for the amount established herein, then said re- quirement for additional reserves shall be suspended. I ------------ - E! � I! (b) For operators not in operation prior to I` !;October 1, 1974, the City of Kenai Public Works Department shall determine a minimum amount of guarantee for costs of reclamation, including such costs as removal of top soil, drainage, replacement of top soil, subject to appeal to the City Council. Cost for any reclamation shall be paid from the escrow of 10% of the price charged for all gravel sold and placed in a restoration cost re- serve. After the reserve has accumulated the sums required for the amount established herein, then said requirement for additional ::.reserves shall be suspended. (c) For operators not in operation prior to October 1, 1974, the City of Kenai,Public Works Department shall determine a minimum amount of guarantee for costs of reclamation r per acre not less than 51,000,/or such higher costs as may be required, in- j i • cluding such costs as the removal of top soil, drainage, replacement !of top soil, subject to appeal to the City Council. After the 1 reserve has accumulated the sums required for the amount established herein, then said requirement for additional reserves shall be !,suspended. .I - I i ALTERNATE NO. 3 Any cost to the City for reclamation of a gravel pit not reimbursed by a gravel pit operator or reclamation fund, shall become a lien on the property to be assessed in the same manner and procedure as for the establishment of assessments for public improvements. t -2- F Fouts a NORUMV 114t'aMMMYM I ` itW MMptN1lY KK ' II. Ni M�f QMU MMU SIS t t T"UMMf ISS."6f t -2- F HOUSTON & LYTL E: - w •wortAAroawa cow►oawTtow ATTORNEYS AT LAW 00s wL#T THtao Avenut T[LLwHON[ sTt-sStT outtt too ^me^ COO[ 90! - - ANCNORAGE.ALASKA 99501 October 15, 1975 City of Kenai City Council Kenai, Alaska Gentlemen: CLVOC C HOUSTON RICHARD Or LVTLC WILLIAM D. ARTUf At the City Council meeting on October 1, 1975, you asked that we present our written comments on your proposed Resolu- tion No. 75-54, in addition to the comments that were made at the meeting. I would again like to express my appreciation for allowing us to present our views to you at the beginning of the meeting, and for the questions and interest you expressed towards our views. In reviewing the proposed Resolution No. 75-54 that would govern the extraction of natural resources, specifically gravel within the City of Kenai, we have approached it from three main points (1) That the ordiance should be enforceable by the City of Kenai, and allow them to achieve the results that they desired, (2) that the regulations should be compatible with the gravel industry and allow the operation of the gravel pits within the City to run economically, and not impose an undue financial burden onto the citizens of Kenai, (3) Have the guidelines set out in the ordiance, rather than leave this to the public works director. Now, specifically to your proposed Section 20.30.155, we would like to make the following comments: Section 1: We believe that the specific details required of the area would be in excess of what would be required for the gravel pit and would add excessively to the costs of the operation. Again, these costs would be, passed on eventually to the consumer. The requirements for topographic contours could be eliminated with the ordiance only requiring the type of slopes or degree of slopes to be maintained in the gravel pits. The contours only show the slope and are a very expensive way, that will only add to the cost of the gravel. I i I� I I 111111 r11 , I„ l i i i i I I III I h I I II I I I I II I 1 1 1 1 I I I I I I City of Kenai Page 2 �..� October 15, 1975 The ordinance should just set out the degree such as two to one or one to one slopes required. The basic reason for this type of requirement is that the walls of the pit not be left in a vertical or overhanging configuration, which would pose a safety hazard to the public or to the people that might work in the gravel pit area. The requirement of the 10 acre site has no real basis as to the operation of a gravel pit, and we do not believe will be enforceable since there is no reasonable basis to require such a large area. R Section 2: This section is directed towards a narrative report towards the commencing and operation of the gravel pit site. It has no legislative purpose since it gives no guidelines or boundaries to guide the operator. Nor does it give any guidelines to the the governmental officials or boards that will enforce the ordinance whether the report or narrative would be correct or not. From reading it, it tends to indicate that it might also indicate some guidelines. However, these are not set forward and it would probably be construed by a court as giving a great deal of discretion to some appointed official, whether or not the narrative complied with the code. This discretionary function of an unelected official or board would is not enforceable by the courts, as it has been repeatedly held that this is designating a legislative function to an appointed official, and therefore cannot be enforced since he has no guidelines. The exposure to the borough in this type of ordinance is that if an injury or accident would happen in the gravel pit, it might be held that the borough by knowing this, and giving their approval to this type of operation, would become liable for the injury or accident. The courts are tending more and more to holding the governmental bodies responsible for this type of injury, and thus, would cause the borough to either take out additional insurance or be self insured for this type of contingency. Section 3 a,b & c: This section is too vague, and leaves to the discretion of public works department the requirements that must be made. We would recommend that if these requirements are to be put into the ordiance, that guidelines be set forth, rather than just a reference to what should be submitted. Section 3 d.: This is another cost that must be eventually borne by the public and it would seem logical to have a audit of the operator's books, if this type of information is needed. This also raises a very practical problem of the unit of measure . When gravel is removed from the pit it normally fluffs up and the volume as measured in a truck is entirely different that the volume as measured in place. This should be clarified. I W. City of Kenai Page 2 October 15, 1975 " The ordinance should jus- sct out the degree such as two to one or one to one slopes required. The basic reason for this type of requirement is that the walls of the pit not be left in a vertical or overhanging configuration, which would pose a safety hazard to the public or to the people that might work in the gravel pit area. The requirement of the 10 acre site has no real basis as to the operation of a gravel pit, and we do not believe will be enforceable since there is no reasonable basis to require such a large area. Section 2: This section is directed towards a narrative report towards the commencing and operation of the gravel pit site. It has no legislative purpose since it gives no guidelines or boundaries to guide the operator. Nor does it _ give any guidelines to the the governmental officials or boards that will enforce the ordinance whether the report or narrative would be correct or not. From reading it, it tends to indicate that it might also indicate some guidelines. However, these are not set forward and it would probably be . construed by a court as giving a great deal of discretion to some appointed official, whether or not the narrative complied with the code. This discretionary function of an unelected official or board would is not enforceable by the courts, as ` it has been repeatedly held that this is designating a _ legislative function to an appointed official, and therefore cannot be enforced since he has no guidelines. The exposure to the borough in this type of ordinance is that if an injury or accident would happen in the gravel pit, it might be held that the borough by knowing this, and giving their approval to this type of operation, would become liable for the - injury or accident. The courts are tending more and more to holding the governmental bodies responsible for this type of injury, and thus, would cause the borough to either take out i additional insurance or be self insured for this type of =-i contingency. Section 3 a,b & c: This section is too vague, and leaves to the discretion of public works department the requirements ". that must be made. We would recommend that if these requirements are to be put into the ordiance, that guidelines be set ' forth, rather than just a reference to what should be submitted. Section 3 d.: This is another cost that must be eventually borne by the public and it would seem logical to have a audit of the operator's books, if this type of information is needed. This also raises a very practical problem of the ---- unit of measure When gravel is removed from the pit it normally fluffs up and the volume as measured in a truck is entirely different that the volume as measured in place. This should be clarified. 0 I ril l 11 'II I I I I Illllill i t � � - City of Kenai Page 3 October 15, 1915 li I LI _L�- - - --- - Section 3 e.: The screening of a haul road or access road on to a main highway would become very dangerous indeed, and thus, we believe that this should be entirely eliminated from the ordinance. Section 3: These guarantees would be an additional financial 9urden on the gravel pit operator, which would be passed on to the public. The proposed ordinance gives no real method or guarantee that the money will ever be paid back to the operator, and thus, a prudent business man would merely add the fifteen percent charge to the gravel that was sold. Again, the public works director is given the dis- cretionary right to approve or set a sum which in our opinion would not be enforceable by the courts. We would recommend that Alternate 3 would be the best. Section 3 h.: The regulation that the permit is non -transferable would not be enforceable in the courts since the use of the land would be a use of the real property. The courts normally will not enforce a complete restriction on the transfer- ablity of land. The new owner would, of course, still have to abide by the ordinance, but to restrict the transfer of the permit, we believe, would not be enforceable. Section 3 i. L, These go back to the delegation of the legislative function to the department of public works:, which we do not believe would be legally enforceable. This would again give the department of public works too wide a range or laditute in their enforcement of the ordiance and the borough would in all probability be faced with a continual litigation over whether the acts of the public works department were arbitrary or capricious. Section 3 k : This puts the borough into the position of approving the precautions that are necessary to prevent the site from becoming an attractive nuisance, and could be construed that the actions of the operator were approved by the borough and thus, join the borough with the operator as being liable for any attractive nuisance that might be ultimately found on the property. Section 3 1: This is a re -statement of the act of the law, and we believe the statutes do give the right to the borough to do this. We would, however, recommend that if this was left in the ordinance, that it be the borough assembly that would terminate the conditional use permit, rather than the planning commission. ' r• City of Kenai Page 3 October 15, 1975 Section 3 e.: The screening of a haul road or access road on to a main highway would become very dangerous indeed, and thus, we believe that this should be entirely eliminated from the ordinance. Section 3These guarantees would be an additional financial urden on the gravel pit operator, which would be passed on to the public. The proposed ordinance gives no real method or guarantee that the money will ever be paid back to the operator, and thus, a prudent business man would merely add the fifteen percent charge to the gravel that was sold. Again, the public works director is given the dis- cretionary right to approve or set a sum which in our opinion would not be enforceable by the courts. We would recommend that Alternate 3 would be the best. Section 3 h.: The regulation that the permit is non -transferable would not be enforceable in the courts since the use of the land would be a use of the real property. The courts normally will not enforce a complete restriction on the transfer- ablity of land. The new owner would, of course, still have to abide by the ordinance, but to restrict the transfer of the permit, we believe, would not be enforceable. Section 3 i, j; These go back to the delegation of the legislative function to the department of public works, which we do not believe would be legally enforceable. This would again give the department of public works too wide a range or laditute in their enforcement of the ordiance and the borotfgh would in all probability be faced with a continual litigation over whether the acts of the public works department were arbitrary or capricious. Section 3 k : This puts the borough into the position of approving the precautions that are necessary to prevent the site from becoming an attractive nuisance, and could be construed that the actions of the operator were approved by the borough and thus, join the borough with the operator as being liable for any attractive nuisance that might be ultimately found on the property. Section 3 1: This is a re -statement of the act of the law, and we believe the statutes do give the right to the borough to do this. We would, however, recommend that if this was left in the ordinance, that it be the borough assembly that would terminate the conditional use permit, rather than the planning commission. r• J I City of Kenai Page 4 October 15, 1975 Section 4: We believe that the guidelines should be set forth since the instructions or requirements of Section 4 are not definate enough to allow any gravel pit operator to reasonably anticipate the requirements that need to be met. Further, Section 4 e would again allow the public work's director to make further guidelines which could not be anticipated by operator. In lieu of Section 4, we would recommend that a standard print be made showing the slopes that must be maintained within a gravel pit and the minimum drainage requirements that would be approved by the borough. Very truly yours, HOUSTON & LYTLE -Ribbard F. Lyr—La RFL/jj cc: River Bend Sand & Gravel, Inc. 'Box 2519 Kenai, Alaska 99611 Fj j Fj The following are disl,urscracnts over $500.00 which need Council approval: N4%rE.*BER 5, 1975 VE14DOR M=IST P. O. DT'QCRIPTION Plasti-Steel, Inc. Dawson & Company Dawson Is Co. First National -- --i Dunamis Electric Dunamis Electric Armco Steel I American Tire -1. 7 Items to be ratified ' I Groh, Benkert & Walter + Homer Electric 4-+ Ed Spalinger Kenai Utility Municipal Credit Union Union Oil Marathan Oil Travelers Insurance Doyles Fuel =i Alaska Slate Bank _I j 1: =S 596.04 5,892.50 L,780.00 1),924.20 1,550.50 750.06 948.60 162.88 9747 423.00 9665 750.0( 3,312.2( 1,000.0 1,250.2 2,439.0 4,178.8 4,178.7 4,039.5 891.9 100,000.0 Deposit -Reservoir Liner/cover Umbrella Coverage Workmen's Comp. Withholding Airport Taxiway Lighting Repair Beacon Cable (Reimb. '70 by CAP:' i Police Tires Deposit -Court Filler October Consumption Beach'AdessBridge October Consumption October Deductions Middle Man Middle Man Nov. Group Premium Shop Gas TCD - � �- --~ --- -..:.: _+ •� i _ - - :r,.—: �- »_,:...� - �..- ;.�:.--= .. - __ .r--, -.,..._,. . I,I_ , . I_.ti , _I� i - �--ice � - - �` --_ __ --- CITY OI' KENAI e) ORDINANCE NO. 281-75 AN ORDINANCE of the City of Kenai, Alaska, amending Ordinance No. 264-75 of the City passed and approved -June 4, 1975 by making a supplemental appropriation of $556 to reflect additional funds received from the State of Alaska, Dept. of Health and Social Services, Office on Aging. BE IT ORDAINED by the Council of the City of Kenai, Alaska as follows: The 1975-76 Fiscal Budget of the City of Kenai be increased by $556, as follows: Council on Aging Revenues $556 Council on Aging Expenditures: Office Supplies $278 Transportation 278 $556 PASSED by the Council of the City of Kenai, Alaska this day of , 1975. CITY OF KENAI JAMES A. ELSON, Mayor i k ATTEST: Sue C. Peter, City Clerk fi First Reading: Second Reading Effective Date: �_ _____-- _- .. _..___-_. mow+-.-•t-�._.�.- __ - _ -__. __ _ __ ___ _ _ _ ____ - - 4' I CITY OF KENAI ORDINANCE NO. 282-75 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 274-75 PASSED AND ADOPTED OCTOBER 3, 1975. BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: The 1975/76 Fiscal Budget of the City of Kenai, Alaska, be amended to reflect the following increases: General Fund, Non Departmental Transfers $10,000 — : Airport O&M, Revenue i - -- -- - - - Interfund Receipts $10,000 , PASSED by the Council of the City of Kenai, Alaska, this day of 1975. - CITY OF KENAI JAMES A. ELSON, MAYOR ATTEST: Sue C. Peter, City Clerk FIRST READING: • ' I SECOND READING: � p ; .j EFFECTIVE DATE: I i 4,'. • _z -I ' n I i 55' � / J CITY OF KENAI ORDINANCE NO. 283-75 AN ORDINANCE OF THE CITY OF KENAI, ALASKA, AMENDING ORDINANCE NO. 275-75 PASSED AND ADOPTED OCTOBER 3, 1975. BE IT ORDAINED by the Council of the City of Kenai, Alaska, as follows: The 1975/76 Fiscal Budget of the City of Kenai, Alaska, be amended to reflect the following increases: General Fund, Non Departmental Transfers $11,938 Water and Sewer Fund, Revenue Interfund Transfer $11,938 PASSED by the Council of the City of Kenai, Alaska, this day of 1975. i � J { ATTEST: _ Sue C. Peter, City Clerk CITY OF KENAI, ALASKA JAMES A. ELSON , MAYOR FIRST READING: SECOND READING: EFFECTIVE DATE: