HomeMy WebLinkAbout1979-09-05 Council PacketCOUNCIL PACKETS
IqTq
SEPTEMBER
Kenai City Council
Meeting Packet
September 5, 1979
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
SEPTEMBER 5, 1979 - 7:00 P.M.
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
Ao
ROLL CALL
AGENDA APPROVAL
Be
HEARINGS
1. Ordinance 455-78, Tidelands
2. Ordinance 520-79, Amending Ord. 488-79, modifications to five sewer lift stations
Ee
PERSONS PRESENT SCHEDULED TO BE HEARD
1. Mr. Oscar Thomas representing Kenai Utility .2ervice Corporation
(Letter attached from Dale Teel, President, Alaska Gas & Service Co.)
2. Mr. Thomas BeDunnah, consideration of reversing penalty & interest charges
MINUTES
1. Minutes of the special meeting of August 15, 1979
2. Minutes of the regular meeting of August 15, 1979
CORRESPONDENCE
OLD BUSINESS
1. Report on facility known as the "Mukluk Building"
NEW BUSINESS
1. Bills to be paid - bills to be ratified
2. Requisitions exceeding $500
3. Ordinance 521-79, increasing estimated revenues/appropriations - ,~tate Jarl
Contract Fund in the amount of $3,600
4. Ordinance 522-79, increasing estimated revenues/appropriations -'
"Atrpor~ Runway Paving" in the amount of $65,000
5. Ordinance 523-79, increasing estimated revenues/appropriations in the amount
of $37,500 for the purchase of the City's Shop Building & approval of appraisal
6. Resolution 79-120, establishing a rate of return at 6% for lease of City lands
AGENDA, Page Two
7. Resolution 79-121, purchase of striping machine for the Airport
8. Resolution 79-122, transfer of funds in "Airport Runway Paving" project
9. Resolution 79-I23, purchase of used vehicle for Airport Operations Manager
10. Resolution 79-124, award of bids for petroleum products to various companies
11. Resolution 79-125, award of bid for purchase of gravel from Bob Borgen
12. Resolution 79-126, directing Public Works to install water/sewer service
lines to Government Lot 7, Section 5, Original Townsite (Cresswell property)
13. Payment to Architect Carmen Gintoli for professional services
14. Payments to Engineering Firm, CH2M Hill, for professional services
15. Contract Change Order #4 - Cordova Construction
16. Final Estimate No. 2 - Cordova Construction
17. Agreement between City and Sergeant Lonnie Kalar
18. Contract between City of Kenai and Division of Corrections
19. Council consideration - vacation proceedings for Church Subdivision
20. Right-of-Way Agreement between City and Union Oil Com,)any of California
21. Approval of construction of softball fields in Gusty SubdivtMon
22. Council consideration - luminaries located along Willow Street
REPORTS
1. City Manager
2. City Attorney
3. Mayor
4. City Clerk
5. Finance Director
6. Planning & Zoning Commission
7. Peninsula Borough Assembly
8. Harbor Commission
MAYOR & COUNCIL - QUESTIONS AND COMMENTS
I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOU~NT
iii
KI.:NA1 PI~NINSUI,A BOR. OUGtl
AGENDA FOR TIlE REGUI,AR ASSE~IBI,Y ~!IiETING
SEI'.TE,qBER 4, 1979; 7:30 I',~1,
BOROUG}I AI)MINISq'IbVrION BUILDING
P. O. BOX 850
SOLDOTNA, ALASKA 99669
- A G E N D A - Assembly - Vote
A. CALL 3'0 ORDER AND ROLL CALL liille 10.67
Long 9
B. PLEDGE OF ALLEGIANCE Martin 9
Moses 11
C. SEATING OF NEIq ASSI!MBLY~IEMBERS (none) McCloud 7.5
Ambarian 10.66
D. AGENDA APPROVAL Arness 9
Campbell 7.5
E. APPROVAL OF MINUTES OF AUGUST 21, 1979 Cooper 10
Corr 9
Y. ORDINANCE ItEARINGS, OR OTIIER PUBLIC HEARINGS Crawford 4
Day is 9
(a) Ord. 79-49 "Acknowledging Receipt of Dimmick 9
~uthorization to Expend Certain Coastal Douglas 9
Energy Impact Program Grant Funds and Elson 10.67
Increasing Estimated CEIP Revenues and Fischer 9
Appropriations"
CONSIDERATION OF RESOLUTIONS
· ,,
(a) Res. 79-122 Establishing Pay and Benefits~.
~0r on-call Nikiski Fire Department
Personnel" (with agreement)
(b) Res. 79-126 "Revising the Borough Records
Retentio~ gchedule'~ ~
(c) Res. 79-1Z7 "Authorizing the Disposal of
BorOugh Records l~hich Are Outdated and
Scheduled for Disposal Under the Borough"s
Record Management System"
(d) Res. 79-128 "A Resolution Transferring the
Snm 0[ $8,000 to Broad. ca§t tKe Meetings
of the Assembly"
(e) Rcs. 7~-129 "Accepting the Proposal of
~)~'f Enginacring/URS Company to
Prepare a Solid i~aste Disposal Plan and
Authorizing Execution of a Contract"
(f)
Res. 79-131 "Urging the State of Alaska to
~upport the State of Nevada in Asserting
State Rights of Management of Federal Lands"
(h)
Res. 79-132 "Classif¥in~ Lands Foreclosed
~h~ugh for Delinquent Real Property
Taxes and Authorizing a Land Sale of Tax
Foreclosed Properties" (with list)
H. INTRODUCTION OF OIiDINANCES
Res. 79-130 "Authorizing the Mayor to Enter
'Into Negotiations with M-B Contracting
Company for the Paving of'the Seward Elementary
School Tennis Courts"
(a)
Ord. 79-56 "Providing for thc Contract Zoning
~f"a"Certuin Parcel of Real l'roperty Lying
IVithi{~ the Sc:ward gunicipal District"
AGENDA FOIl SI!PTEMBI".II 4, 1979 ASSENBLY ~IF, Ii'I'ING
(b)
Ord. 79-57 .'llezoning l.ot 1, Block 2, Forest
[~[qT--~flSilTvision, City o£ lie,ncr from Residential
(R), to Commercial (C) l~istrict"
PAGE 2
I. FORMAL PRESENTATIONS I~IT]I I'I',IOR NOTICE
(a) Mr. Truman Knutson; Borougfi land sale
COMMITTEE REPORTS
(a) School Board (Ambarian)
(b) 0EDP (Fischer/Moses)
(c) Finance (llil le/Coope.r/Crav~£ord/[.fcCloud/Corr/Douglas)
(d) So] id h'aste (Fischer/Martin/Cooper)
(e) Roads and Trails (Long/Martin/Corr)
(f) Ports and llarbors (Arness/Campbell/A~barian)
(g) Local A££airs (Campbcll/Ambarian/Dinmick/Arness)
K. MAYOR' S REPORT
[lemo re: Property Location Grid and Numbering
System in the Borough
(b) Memo 80-28 "NACo Public Land Stcering Committee-
Nevada Lands Bill"
SCtlOOL CONSTRUCTION REPORT
OTIIER BUSINESS
(a) Waiver of Time for Filing for Disability
Exemption;.Cliff Moore
(b) Tax Adjustment Requ'ests
Memo re: Vehicle Purchases
(d) blemo re: Nikiski Fire Service Area VHF Portable
Radio Bids
ASSE~iBLY AND MAYOR' S CO),~IENTS
PUBLIC CO~IENTS
INFOP~TIONAL MATERIALS AND REPORTS
(a) School Board Agenda, 9-3-79, Ne~s in Brief, 8-20-79
School Board minutes, August 6, 1979
(b) Plat Committee, 8-6-79, 7:'16-79
Cc) Nikiski Fire Service Area, 8-8-79
(d) Dept. o£ Labor, NE$IS, July
NOTICE OF NEXT MEETING AND ADJOUILNrMENT
~yor
Richard Ross, Chief of Police
Vandalism '.znMall parking lot
Your
myself discussed the problems in the ~11 on 7-24-79. At that time,
several options were discussed as to restriction of night-time
traffic in the .~'all .parking lot area. Anticipating that by doing
so the incidence of vandalism %~Duld decrease. The primary op-
tion, as seen by our agency, being ~hat the Carrs' Mall could .Dost
the lot for hours of closure, and enforce these hours through
citizen initiated arrests for trespass with the Kenai Police
Department accepting immediate c~lstody of those arrested.
On 8-16-79, ~r. Curtis w~s again contacted on this matter.
advised t~%at the P~al Estate DeDartmen. t of Carrs' in Anc~rage
was considering th~ options and had ~ot .vet made a decision
the matter.
Re_spectfully,
Chief of Poli~
CITY OF KENAI
ORDINANCE NO. 455-78
AN ORDINANCE ACCEPTING CONVEYANCE BY TIIE STATE OF ALASKA TO
THE CITY OF KENAI OF TIDE AND SUBMERGED LANDS LYING SEAWARD
OF THE CITY; APPROVING AND ADOPTING THE OFFICIAL SUBDIVISION
PLAT OF THE AREA CONVEYED; AND ESTABLISHING PROCEDURES BY
WHICH PREFERENCE RIGHTS MAY BE EXERCISED.
BE IT ORDAINED BY TIIE COUNCIL OF THE CITY OF KENAI, ALASKA:
ARTICLE I
GENERAL
Section 1. Short Title. This Ordinance shall be known
as the "Kenai Tidelands Ordinance."
Section 2. Definitions. For the purpose of this
Ordinance the terms defined herein shall have the meaning
provided unless the context requires otherwise:
(a) "Alaska" means the State of Alaska.
(b) "Agricultural Lands" means tidelands chiefly
valuable for agricultural purposes.
(c) "Assessor" means the Assessor of the City of
Kenai, Alaska or other individual designated by the City
Manager to perform the functions herein assigned to the
Assessor.
(d) "City" means the City of Kenai, Alaska.
(e) "City Engineer" means the City Engineer of
the City, or other city official designated to perform the
functions herein assigned to the City Engineer.
(f) "Class I Preference Right" means the right
extended to persons who occupied or developed tide or submerged
lands seaward of a surveyed townsite on and prior to September
7, 1957, and who have executed a waiver to the City and
State of all riqhts such occupant may ]]ave had pursuant to
Public Law 85-303. Upon execution of the waiver, such
persons or u~ux~ ~uuc~.~uz~ -~ lnuuiuD~, have the right to
acquire such occupied or developed tide or submerged lands
from the City for consideration of the costs of survey, and
transferring and conveying the title.
Ord. 455-7~,{, pa¢le 2
(g) "Class II Preference Right" means the right e×tended ~--
to Class I preference right claimant[; who refuse to execute a
waiver to the City of any rights such occupants may have acquired
pursuant to Public Law 85-303. It shall be mandatory for the
City to expeditiously honor the application from the occupant
after the Secretary of the Army has submitted to the Secretary
of the Interior and Governor of the State maps showing the pier-
head line established by the Corps of Engineers with respect
to the tract so granted. The most expeditious method of securing
title to such lands is to execute the waiver of Class II rights
and proceed to apply for title under a Class I preferenco right.
(h) "Class III Preference Right" means the right
extended to persons who occupied or developed tide or submerged
lands after September 7, 1957, and who continued to occupy the
same on January 3, 1959. Such persons, or their successors, have
the right to acquire such occupied or developed tide or sukmerged
lands for a consideration not to exceed the cos'cs of appraisal, and
administering and transferring, including survef, together with
the appraised fair market value thereof, exclusive of any value
occurring from improvements or development, such as fill material,
building, or structures thereon.
(i) "Clerk" means the Clerk of the City.
(j) "Commission" means the City of Kenai Advisory
Harbor Commission.
Alaska.
(k) "Director" means the Director of Lands, State of
(1) "Director's Line" means a line seaward of the
City, approved by the Director, with the concurrence of the
Commissioner of Natural Resources, State of Alaska, seaward of all
tide and submerged lands occupied or suitable for occupation
and development without unreasonable interference with navigation.
(m) "Fair Market Value" means the highest price,
described in terms of money, which the property would bring
if exposed for sale for a reasonable time in the open market,
with a seller, willing but not forced to sell, and a buyer, willing
but not fo=rced to buy, both being fully informed of all the purposes
for which the property is best adapted or could be used.
(n) "Fill" shall, mean earth, gravel, rock, sand, or
other similar materials placed upon tide or contiguous submerged
lands to a height above the high water line for the purpose of
elevating the lands for a special useful purpose. Earth, gravel,
rock, sand, or other similar materials, placed on tide or
contiguous submerged land solely for the purpose of spoils disposal
shall not be considered fill unless such fill was used for useful
and beneficial purpose on and prior to January 3, 1959.
(o) "Hearings Officer" means that City official employed
to hear disputes between claimants, summarize the testimony,
attempt to reach stipulations of fact between the parties,
Ord. ,155-78- page 3
assemble the record of the dispute, and .~ubmit th~. sam~.~ to
the Council for determination.
(p) "Improvements" means buildings, wharves,
piers, dry docks, and other_ similar, tv)es~! o of .structures
permanently fixed to the tide or contiguous submerged lands
that were constructed and/or maintained by tile applicant
for business, commerci_al, recreation, residential, or other
beneficial uses or purposes. Floats secured by guide piles
used as floating wharves, where access Js provided to the shore,
shall be improvements within the meaning of this section, and
fill material not actually in place to above the line of mean
high tide of January 3, 1959 and actually utilized for beneficial
purposes on January 3, 1959 by the applicant shall be considered
a permanent improvement, but in no event s~,~l~ fill be considered
a ~ermanent improvement when placed on the tidelands solely
for the purpose of disposing of waste or spoils. Fill material not
utilized for a beneficial purpose on and prior to January 3, 1959,
and fill material not actually in place to above the line
mean high tide on January 3, 1959 shall not be the basis for
an application, nor shall it be included in any application,
for the exercise of preference rights hereunder.
(q) "Industrial and Commercial Lands" means tide
lands chiefly valuable for industrial, manufacturing or
commercial purposes.
(r) "Kenai" means the City of Kenai, Alaska.
Alaska.
(s) "Manager" means the Manager of the City of Kenai,
(t) "Mean High Tide" at any place subject to tidal
influence shall be interpreted as the tidal datum plane
derived from averaging all the high waters observed at that
place over a period of nineteen (19) years. Mean high water
shall be interpreted to be as the intersection of the datum
place of mean high water wit]] the shore.
(u) "Mean Low Tide" shall be interpreted to be mean
lower low water which is the mean of the lower of the two low
waters of each day for a tidal cycle of nineteen (19) years.
(v) "Occupant" means any ~erson as defined herein,
or his successor in interest, who actually occupied for any
business, residential, or other beneficial purpose, tide or
submerged land, within the conveyance of such by the State to
the City, on or prior to January 3, 1959, with substantial
permanent improvements. No person shall be considered an
occupant by reason of having (a) placed a fish trap ill
position for operation or storage upon the tide, shore, or
submerged land, (b) placed a setnet cr piling therefor or
any other device or facility for taking3 of fish, (c) placed
Ord. 455-78, page.· 4
pilings or dolphins for long storaqe or other moorage, (d)
placed telephone, power or other transmission facilities,
roads, trails, or other contiguous submerqed lands, or (e)
claimed tile land by virtue of some form of constructive
occupancy. Where land is occupied by a person other than
the owner of the improvements thereon, the owner of the
improvements shall, for the purpose of this Ordinance, be
considered the occupan_t of such lands.
(w) "Occupied or Developed" means the actual use,
control, and occupancy, but not necessarily residence, of
the tide or submerged land by the establishment thereon of
substantial permanent improvements.
(x) "Ordinance" means the Kenai Tidelands Ordinance.
(y) "Park and Recreation Lands" means tidelands
chiefly valuable for public park and recreation use, including
scenic overlooks.
(z) "Person" means any person, firm, corporation,
cooperative association, partnership or other entity legally
capable of owning land or any interest therein.
(aa) "Pierhead Line" is a line fixed by the Corps
of Engineers roughly parallel to the existing line of mean
low tide at such distance offshore therefrom that said
pierhead line shall encompass landward all stationary,
manmade structures under the authority of Public Law 85-303.
(bb) "Preference Right" subject to the classifications
thereof herein established means the right of an occupant to
acquire by grant, purchase, or otherwise, at the election of
the occupant, except as otherwise limited or prescribed in
this Ordinance, any lot, piece, parcel or tract of tideland
or submerged land occupied or developed by such occupant on
and prior to January 3, 1959.
(cc) "State" means the State of. Alaska.
(dd) "Submerged Lands" means land covered by
tidal waters between the line of mean low water and seaward
to a distance of three (3) geographic miles, in their
natural state, without being affccted by manmade structures,
fill, and so forth.
(ee) "Substantial Permanent Improvements" shall
for the purposes of the Ordinance have the same meaning as
Improvements, as herein defined.
(ff) "Tidelands" means lands periodicially covered
by tidal waters between the elevations of mean high tide and
mean low tides, without regard to artificial interference
with tidal flows caused by manmade structures, breakwaters,
fill and the like. When used in this Ordinance it shall
................. '1 '11 ................. IIi IF ~ .........
Ord. 455-78, page 5
also include submerged lands conveyed by the State to tile
City.
(gg) "Tidelands Subdivision Plat" is that certain
plat of subdivision of tidelands and submerged lands conveyed
by the State to the City made by II. II. Galliett, Jr., Registered
Engineer, dated December, 1968, known as Alaska Tidelands
Survey No. 272 and filed as 76-179 in the Kenai Recording
District showing all structures and improvements thereon and
the boundaries of each tract occupied or developed, together
with the name of the owner or claimant thereof, including
within the boundaries of each tract occupied or developed
such surrounding tide and submerged lands as shall be reasonably
necessary in the opinion of the Council for the use and
enjoyment of the structures and improvements thereon by the
owner or claimant, but shall not include any tide or submerged
lands which if granted to such occupant would unjustly
deprive any occupant of adjoining lands from his reasonable
use and enjoyment thereof.
ARTICLE I I
ACCEPTING THE STATE CONVEYANCE, APPROVING TIlE TIDELANDS SUB-
DIVISION PLAT, ESTABLISItING PI~CEDURES FOR THE EXERCISE OF
PREFERENCE RIGHTS, FILING AND PROCESSING OF APPLICATIONS,
PUBLICATION OF NOTICES, ADJUDICATION OF DISPUTES, PROVIDING
FOR PAYING COSTS OF SURVEY, APP~%ISAL, TRANSFER, HEARING OF
DISPUTES, AND PURCHASE OF LANDS SUBJECT TO CLASS II RIGItTS.
Section 1. Approval and Acceptance of State Conveyance.
The conveyance by the State to the CJ. ty, dated January 6,
1977, of tidelands and submerged lands lying seaward of the
City is hereby approved and accepted and the lands therein
are hereby declared incorporated into the limits of the
City.
Secnio~ 2. A~pDroval ~n__d Adoption of Subdivision Plat.
Tile Tidelands Subdivision Plat, hereinafter calked Plat, is
hereby approved and adopted as tile official Tidelands
Subdivisiqn Plat of the City of Kenai, Alaska, of tide and
submerged lands conveyed by the State to tile City, by conveyance
dated January 6, 1977. Said Alaska Tidelands Survey is
numbered 272 and is filed uader 76-].79 in the Kenai Rt~cording
District.
Section 3. Time and P1.]ci~_s of Postin~l Plat. Said Plat
shall be posted for a period of not less than sixty (60)
days, commencing with the date following the date of final
passage of this Ordinance, ill the office of tile Clerk, City
Ilall Building.
Section 4. Publication of
..otxce of Posti. n'-} Plat and
Plat and l'assace of Ordinance. 'l'i:e Clerk shall cause ~o be
Ord. 455-78, page 6
issued and published once a week for four (4) weeks, in a
newspaper of general circulation in tile City, commencing the
day after the date of final passage of this Ordinance, a
notice of the posting of said Plat containing the following
statements: (1) time and place of posting, (2) the day of
final passage, and the effective date of this Ordinance
which adopts the Plat as the official Tidelands Subdivision
Plat of the tide and submerged lands conveyed by the State
to the City on January 6, 1977, (3) that any and all persons
having or claiming preference rights provided by law and as
herein defined to any part or parts of the subdivided land
embraced within the boundaries of said Plat, who fail to
apply to exercise such rights under the provisions of this
Ordinance within two (2) years from and after October 6,
1979, which is hereby declared to be the date upon which
applications therefor will be first accepted by the City,
shall have forfeited their preference rights provided by law
and this Ordinance, and (4) that this Ordinance was enacted
to protect occupants having preference rights, to afford due
process of law, to provide procedures for applying for
exercise of preference rights, for hearing and adjudicating
adverse claims, and for conveying title to occupants holding
preference rights defined by law and this Ordinance; and (5)
that copies of this Ordinance and application forms are
available at the office of the Clerk of the City.
Section 5. Time in Which Applications Will Be Accepted
for Filing. Application forms, in substantially the form
set forth in Section 20(a) will be accepted for filing one
business day after the effective date of this ordinance, and
ending two (2) calendar years thereafter and at the close of
business at 5 P.M., after which no application forms will be
furnished and after which no applications will be accepted
for filing.
Section 6. Procedure for Filing Applications. Applications
shall be submitted, and will be received for filing, only
for the purpose of claiming preference rights herein defined
to the tidelands conveyed to tile City by the State.
(a) Application forms will bo provided by the
Clerk without charge at the City Clc. rk's office in
the City Hall Building.
(b) Applications must be submitted in triplicate.
(c) Applications nor clearly legible nor properly
completed and certified by tile applicant will
not be accepted for filing. Since the facts
alleged may be used in hearings of disputes their
truth must be certified. The facts alleged will
also be the basi:; for the conveyances of valuable
Ord. 455-7~'{, t).lqo 7
property. Willful and d,.~].iberate misst~,l:ements of
fact will be equivalent to attempting to obtain
valuable public pr(sperty by misrepresentation and
may be prosecuted as obtaining property under
false pretenses.
(d) Applications may be mailed to the City Clerk,
Box 580, Kenai, Alaska, 99611, with the proper
deposit comp~ted according to the nature of the
application made. Applications properly completed
accompanied with the proper deposit will be stamped
with the time and date of filing and signed by the
person accepting the deposit. The triplicate copy
will then be delivered to the applicant, or mailed
to him if a return envelope with postage affixed
is furnished or delivered to the City Clerk, City
Administration Offices, Airport Terminal Building,
Kenai, Alaska.
(e) Any application for a deed based on an asserted
right other than a preference right shall be
rejected.
(f) Any applications not waiving the Class II
preference right shall be filed by the Clerk,
together with all others of like nature, to await
the official promulgation of the pierhead line.
Thereafter such applications shall be processed as
applications under the Class I rights.
(g) Applications not accompanied by the proper
deposit for costs shall be rejected.
Section 6.2. Initial Review b~ Commission. After
initial review of the application by thu Comm~ission, the
applicant shall have prepared at his own cost a preliminary
and final plat as described in the following section.
Section 6.3. Preliminar'-/ Plat.
(a) The applicant sh,~ll [,repare, or have prepared,
a preliminary plat of the tide, shore or submerged
lands which he claims. '['h~:; plat shall comply
with the requi, rements k.arcinafter set fo~'th.
(b) The pur.uose of a preliminar'..' plat is to
afford the occupant an cpt~'ortunity of receiving
preliminary review and prevent tile uun~?cessary
expenditure of mone':' and ti:ne that would be necessitated
if major changes ¥.'ere required.
(c) The applicant must file Ills application
accompanied by four black or blue ii:lad :)lats of
tile layout.
Ord.
(d) Tile Commi. ssion shall forward the preliminary
plat to an engineer to be designated by tile Commission,
who shall report to tile Commission his approval or
disapproval of the plat for technical or engineering
reasons and tile Commission shalll within 90 days
after submission of tile preliminary plat, notify
the applicant of the tentative approval or disapproval
of the plat_and his reasons therefor.
(e) Conditional approval of the preliminary plat
shall not constitute approval of the final plat.
Rather, it shall be deemed an expression of approval
as a guide to preparation of the final plat.
Section 6.4. Preliminary Plat Requirements. The Pre-
liminary Plat shall show tile following information:
(a) Legal description of location to include
latitude and longitude to the nearest minute at
one corner of the survey and the total acres of
the area occupied or claimed.
(b) Name and address of applicant and name of
land surveyor, if any, who prepared the preliminary
layout.
(c) The horizontal scale shall be 100 feet to the
inch unless otherwise approved by the Commission.
(d) Date of preparation and North Point.
(e) The location of all roads within 200 feet of
the tract, fill material, existing permanent
buildings, or other structures within the parcel,
existing utility lines, mean high and low tide
~ines with reference to permanent structures and
other permanent features such as section lines,
and such other information as may be requested by
the City.
(f) Space for approval and/or comment by the
Commission.
(g) The names of adjacent owners or claimants, if
any, other than the City.
(h) Adjacent U.S. Surveys, if any, giving the
number of tile Survey.
Ord. 4~-~-_).~-78, page 9
(i) A vicinity sketch or key map should be shown
on tile preliminary layout. The scale shall not }3(:
less than one-half inch to tile mile. Tile relative
location cf tile parcel being applied for, tile
principal road systems and section or special
survey lines shall also be shown.
Section 6.5. Survey Procedure. Wherever feasible,
data as set forth in ATS 272, recorded in the Kenai Recording
District as 76-179 shall be used. Wi]ere additional data is
required the following procedures shall govern:
(a) Determining the line of mean high tide.
1. In the case o£ U.S. Survey which abuts
the tidelands, such U.S. Survey being made
prior to the date of statehood, the line of
mean high tide shall be construed to be
either the meander lines established on the
seaward side of the U.S. Survey or the line
as defined under Section 2(s) of these regulations,
whichever is the lower.
2. For tidelands surveys abutting any U.S.
Survey made after tile date of statehood or in
any location where no uplands survey exists,
tile line of mean high tide shall be determined
by using U.S.C. & G.S. Bench Marks, (or any
other bench marks which have been established
from that source), and tide table datum.
The upland boundary need not follow this
line in its entire exactness, but may follow
ill a "meander" or "averaqe" lille of mean high
tide. Each end of tile boundary should be
established on tile elevation of mean hiqil
tide. Provided however, that where tho true
lille of mean high tide has been alter,~_¢t by
fill or artificial accretion, tile lille of
high tide as it existed prior to such alteration
shall govern.
3. Ill tile cas,? that no U.S.C. & G.S. ll~mch
Mar!: exists within one mile of the pro'?erty
being surveyed, the surveyor may, by uoin9
tile tide tables fo." the immediate bed':' of
%~ater, and ap!)tyin9 tidal readings he has
taken, determine tile line of mean iligh rid..?
and use it ill accordance %-~ith paragraph (2)
of this section.
Ord. ,$_,:~-72, patio ].0
Iu some cases, such as sa].t or mud flat
areas wi]ere the avera~e grade of the bench J.s
10% or less and determining the elevation of
the line of mean high tide could croate a
lengthy horizontal distance, the City Council
may require that the true line of mean high
tide be_established, regardless of the distance
from a known bench mark.
(b) Method of establislling side boundary lines.
In fixing the side boundary lines, the general
rules of extending Riparian Boundary Lines, as
outlined by such authors as Rayner, Clark or Brown
shall be followed. In the event that actual
occupancy does not match the Riparian Boundaries,
the survey shall be made to include the occupant's
holdings and not to encroach on the adjoining
occupant.
Section 6.7. Procedure on Final Plat
(a) The final plat shall conform substantially to
the preliminary layout as approved by the Commission.
(b) The final plat shall be submitted to tile City
Clerk on good quality tracing cloth, in ink, or
mylars together with five prints.
(c) The final plat shall be drawn to scale of one
inch equals 100 feet, with an option of using one
inch equals 20 or 40 feet, on sheets of one of
three sizes: 18" x 24", 31 1/2" x 34", or 22" x
36", unless otherwise approved by tile Commission.
When more than one sheet is required, an index
shall be filed showing tile entire parcel with the
sheets in numerical order, and each sheet showing
the total number, i.e., sheet 1 of 3. When more
than one sheet is submitted, only the last must
have the approval blocks, but all sheets must be
the same size.
(d) When tile final plat has been approved by tile
Commission, one co~3y shall be sent, along with tile
deed to tile property, to the Magistrate of the
Recording District in wh~cll tile tract lies for
official recording. Special instructions shall be
sent to tile Magistrate instructing him to send the
deed to the occupant after recording. One copy of
the plat will be returned to the occupant. The
original tracing containing the certification by
the Com~.ission ;~ill be retained by the Cit~°.
Prints or duplicate transparencies will be furnished
at cost of reproduction.
..Il. I _ IIIIIIL Illl ' - _
Ord. ,155-7~1, pa¢ln 1]
Section 6.8. Final. Plat
(a) Tile final pl. at shall include ail information
required on the preliminary plat.
(b) The final plat must represent an actual
survey made by a person who has been qualified by
tile State of Alaska, Board of Engineers & Architects
Examiners to practice land surveying iii the State
of Alaska.
(c) In addition thereto, the following information
shall be shown on the final plat:
1. Boundary lines of the parcel with length
and bearings which must close within the
limits of 1 to 5,000. If the seaward limits
of the survey falls within the line of mean
low tide, the seaward boundary must represent
lines actually established by the surveyor.
2. Ail easements as required by the City.
3. Basis of bearings used.
4. A properly labeled legend showing monuments
as found or established.
5. The course of the shoreline for an additional
400 feet from each side of the survey.
(d) Monuments.
1. Minimum requirements: Monuments shall
consist of a one and one-half inch galvanized
iron pipe, thirty or more inches long. This
pipe shall have a four-inch flauge across the
bottom and shall be filled with concrete.
Firmly emplaced in tile concrete, at the top
shall, be a brass or b£onze cap. The pipe
shall be thoroughly tamped when set.
The brass or brouze cap shall have a mtnimum
of two inch diameter c~cross the top and 3/.1
inch by 2-1/2 inch shank. Each cap shall be
marked ii1 accordance with tile :.lanual of
Surves-ing in:;tructions as compiled by the
Bureau of Lanct Management and .;.}]all also show
the reqistration number of the surveyor.
Ord. ,155-78, P~,ile 12
Where imprnct]cable to set an i. ron pipe
monument, a tablet contai, ning a minimum of
1,000 cubic inches of concrete and a bras:; or
bronze cap marking the actual corner point
may be used. Should the point for a corner
be in a place_ which would be impracticable to
monument, witness corners shall be set in a
safe prace on the survey boundary line or
have two reference monuments set. The monuments
on the ul~lands side of the survey shall be
referenced to bearing objects, such as trees,
rocks, piling, buildings, etc., or have two
reference monuments set marking the corner.
These references may be shown on the plat
of survey or may be listed separately on a
plat as described under Section 6.7~ Paragraph
c.
2. Unless otherwise approved by the City
Council, each survey shall have at least four
monuments, each fully described in the plat
of survey. It is desirable but not mandatory
that monuments be set at all exterior angle
points of the parcel. The line of sight
between adjacent monuments shall be unobstructed.
The distance between adjacent monuments shall
not exceed thirteen hundred and twenty feet
(1,320'). No part of the parcel shall be
farther than thirteen hundred and twenty feet
(1,320') from a monument unless otherwise
approved by the City Council.
3. If the point for the seaward corner falls
in an unsafe place, a witness corner shall be
established on tile side boundary line.
(e) Relationship to known monument.
1. Bei:rings of all lines shall be referred
to the true meridian. Tile magnetic needle
may not be used for this purpose. Bearings
shall be obtained by deflection from existing
official surveys at thc G.L.O., B.L.M.,
U.S.C., and G.S. , U.S.G.S., the Alaska Division
of Lands, or monument:; with proper identification
which are delineated on recorded plats,
unless otherwise provided for in these
regulations.
o:~Lablimhed :;urv,~y 1~1{,~:';, such
listed previou:; ].y, which ~;hall be acc,.lrate].i.'
described on the plat, shall be shown.
Section 7. Det~osits for Costs Prereq~isite tn l.'i.l.J.n~.
Tile application form will assi:;t the
the proper costs to advance, which will depend upon the
nature of the right claimed. In all cases a filinq fee of
$10.00 will be required. Survey costs depend upon the area
claimed at the rate of $.01516 per square foot. If the area
claimed is different from the lot as it appears on the Plat
the applicant shall show the measurements of the additional
or lesser area claimed and compute and pay the different
survey cost accordingly. Transfer costs will be the same in
all cases. They cover the cost of time estimated to be
required to examine, process and approve the application, as
well as to prepare and-execute the deed, publish notice,
give notice of additional costs, if any, and give notice to
applicant. In all cases transfer costs will be in the
amount of $35.00. Deposit for appraisal costs will be
required in all cases of Class III Dreference rights, or
where another asserted right is determined by the Council to
be a Class III right. Appraisal costs will depend upon the
area involved and the complexity of the appraisal sought.
Where required as a deposit, the minimum amount is $50.00
but additional amounts not exceeding $100.00 may be required
prior to delivery of deed.
Section 8. Additional Costs in Certain Cases. Aside
from deposits required at the time of filing applications,
additional costs will be required to be paid prior to hearinqs
where disputes require hearings, and for cost of land under
a Class III rigi~t as well as a}~praisal thereof when a preference
right sought to be exercised is determined to be a Class III
right, as follows:
(a) When the area claimed doL,.~; not compl'.,' with,
the boundaries of the lot shown on the Plat, it
necessary to have a hearin(~ to establish the
=validity of the right claimed and whether it is
necessary for the Plat to be chanqed to compll.,
with the application. 'l'h~; may require no['.ic~ to
be given to adjacent occu?ants interested Jn the
difference between the land~ cla~mod and land
shown on the Plat so that all [xtuti~s in interest
real.' btq heard at tile
(b) ;'.'hen applicatJo:~:~ conflict with the same
area or portions thereof, it shall b.e necc:~:;,~rl.' to
conduct a hearing to determine the fact and the
issue in question. Conf!ictin~3 claims will
carefully .0crutini::,.d and ench disputinq !;art:.'
will bear the burden of prc'.'inq facus sufficient
to establish the validity of hi:; claim.
Ord. 45.5-78, pn,l,' 1.,1
(c) The I~a):ty filing an al)t~]miCation conflict]nfl
with a claim pre\'iou::{ly filed :;hall be requ].r(,¢l to
deposit hearing:; costs in the amount o17 $100.0(.).
If the conflict is not kn()wn at tile ti. me of filing,
tile apl)licnnt shall b...; advised of tho conflict ns
soon as it J.s known and of the need to deposit tile
hearing cost deposit.
(d) Tile applicant who after hearing and deter-
mination by the Council is determined to ]lave
claimed tile land of another shall be the party to
bear the cost of the hearing. If such party did
not deposit such costs, no deed shall be delivered
to him until the cost is paid. Where the depositor
is the prevailing party, the hearing cost deposited
shall be refunded to him by the City.
(e) When title by Class III preference right is
claimed, the applicant shall be required to deposit
the appraised purchase price after appraisal has
been made and the purchase price has been so
determined. The same procedure will be applied
when no application under another Class of right
is sought but it is determined that the only
available right to the applicant is a Class III
right.
(f) When a preference right is sought to be
exercised other than a Class III right and such
right is determined to be a Class right, then tile
applicant shall be required to deposit tile estimated
cost of appraising the property claimed.
(g) The applicant who receives the deed from tile
City shall at Ills own cost bear the cost of recording
tile deed.
Section 9. Procedures fo]: P]:ocessinq Filed Applications.
The Clerk shall cause tile following procedures to be carried
out:
(a) All copies of ap!~lications accepted for
filing shall be stamped with time and date of
filing and all applJcatJon number in chronological
order of filing.
(b) AIl original applications shall be filed in a
permanent register and the names of the ap'..)licants
entered ill an alphabetical index which shall bo a
permanent part of such register.
(c) The application register shall be available
for public inspectic:% durin£: office hours of the
Clerk except when in actual use for filing and
inde:.:ing.
_1 ' _11 ........ ~1 ...... II ..... II III III ~- ~1 _ -. _IL~ ._~il. _ ·
/-
(ti) Cevt i '.;i cc!
i;d v.i. ng $2.00
and ,tn5' atl::ichmontg forming ;~ part thereof.
(t_,) procc:::~.Lnqt of duiol..i.c,~te ai.,pl].c,~tion:,. Ti~O
tI:ltd cop:..' of thc aL~?l, ic;~tio:~ w±l]. bo returned to
tile applicant as his recorc! and as receipt for
del;osit made, or mctiled to aIsplicant if he has
provided a return envelope. '3'he second colby shall
be the workiug file copy to be iland].ed and proc~.qscd
as follows:
(1) Applications to exercise Class I preference
rights having waivers attacho, d and which app]..y for
lands which comply with the Plat with resuect to
area and boundary locations shall be transmitted
to the City Engineer for handling as provided in
Section II (b). Applications to exercise Class I
preference rights which do not have waivers attached,
irrespective of whether the lands applied for
comply with the Plat :;hall be segregated for
handling in the same manner as Class II preference
right applications.
(2) Applications to exercise Class I preference
rights having waivers attached, and which claim
lands which do not comply with the Plat with
respect to area and boundary locations, shall be
transmitted to the City Engineer for handling as
provided in Section II(a) and further processing
as provided in Section 14.
(3) Applications to exercise Class II preference
rights shall be segregated and kept with Class I
preference rig'ht app!ication:3 not havi. ng waivers
attached. Ail such applications shall be hold in
abeyance bs' the City until stlch tim:3 as the pierhead
line is established by tho Corps of Engineers,
whereut)on such applications sha].l be prolaptls.
=honored and processed in thc manner herein described
for Class I preference r~ght iq.~l~cat[ons, whore
waivers arc i~tt~]c|]e¢l.
(4) A!~pJication:~ to oxerci;;o Cln.~;:~ III
preference right:; ~:::d ali
in v;ho]o or in .:~art to b.:.· Cla:;s III, :~h~ll be
tran:3m]tted to the :'~:;n,?ssor for a:;:)t'ain,~i as
provided iT1 Section 10. ''
(5) :qo ap:,l i.c;a!'i, on:: v.,hi,':l~ c~>:?.bi:,, Cl,t:;:.: I ~
L'],i:.:.; ]'T ,'l:~d CI,~:;:; i'FT~ (~' all'/ (:'m~:~i:~nLit~ll ~f :;u~:~i
Any suclt alq)ltcal:iou pr(~:;,.mt',:d ~(,~' [J.J. kng :;hall. b,'~
returns:ct to k}l,' :~!:FI. icanb for r,:vi.:;i,m ir;to t;./<, or
mor~q applic:tti, on.;, t:ach of x;hic!t will :tl,~ly for
].and undor only oho typc~ of r" - '
p .(:~.cl.c:nC<.~ ri(Iht.
(6) An appli, cation to o:.:.erci:~e one class of
preferenct, right ',.:hich in ?art com:}lie.~; with thc:
Plat with respect to arc] and boundary locations,
but does not wholly comply w.ith t}:o Plat in .quch
respects, shall be treated as if no part of th,:
application so con;plies with tile Plat and shall be
processed for contest hearing.
Section 10. Appraisal. All applications for Class II
preference rights shall be transmitted to a professional
appraiser for appraisal. Itis appraisal shall be made on a
form prepared in duplicdte, the original of which shall be
attached to the application and the duplicate of which shall
be retained for his records. Applications when appraised
shall be transmitted to the City Engineer for further processing.
Section 11. Review by City Encine:;r. All applications
being ready for processing shall be reviewed bi,' the City
Engineer. Upon review and comp]risen with tile Plat, lle
shall make his request ~o the Harbor Commission giving a
copy Lhereof to the applicant as to %.:hcther or not the
application seeks to exercise a preference right to land
which is described on the Plat, and complies %~'J. th it in
respect to area dn boundary locations.
Section 12. R,:co:nmcnded Approval by Coi::m,.'ssion: Thc
Kenai Advisor}' tlarbor Commission shall, rev!ow ali application]
for tidelands upon tht~ sul:misaion of the Cit}'
report. The Commission may conduct public hearings to
verify tile validity of the applkcant's clai. ln and re,lue:;t
additional evidence by %:ay of affidavits and tile like in
order to come to recommend said claim for approval by the
City Coun~l notifying applicant thereof b':' mail sent to the
address stated on his application. The Corn:nj. ss!on ma'.'
provide a check off list to aid it in c()n:3JdcrJnq
the aFplicant within th,~ tin:.~ l imita~-ion:; and :-:itii the right
of ap~)oal qiven pur~;uant to ;;crt!on 16 be!o~..'.
~,~ ";'" !3.
.,.c~..~,., Prcc,'.?;i:l~: of A:):}rr~v,~,! A:-~ ] icat:ion:-~ b'.'
Clerk anti "' ;~, '
.~ot .... to Fublic. i, il ~lI.:?llC,t~l.O:l.-; l'~t:kll':l£'~l to
thet .,. r:." - '" ,::'.::.'::3'.',-~d. ..... b'.' the Cit'.' Enqine.er, and a:::~rais,-..d b':'
the Assc.~:;:;o zf required, :;hall b,: !,.r~ce~c;ec! bv tho
tile . ol~c:-.'i::,~' ' :.:.] ;; r: ..: r : 'i';I,~2 ~'.~,r]-i .q';:ii.' ' ~'l:'o.:-:.~Tt.l!:l ic.
dc?osi~ n:aJ,.~ ky t!;c a!;plicant is :;::"";~';....:i'a to p.r~' n].l
proc.?ssed fo:- c:(~::tcst
Section 10.
preference right:; sh:'tll t)e tral',:;l',li, tted to a professional
appraiser for
form prepared
attached to th,. ::! l,].ic::uion and th,: d:::.] ic:.t-: ( :- which shall
bn ~-~ .... : for hi . '
re~...~.~,¢, s ri:cords : ..... ~ ~c'=''~5;..-'' '.-:'.': :'. al.},:':| .,.-;
shall be trnnsmittod
,.:.e Cit7 ~-'.n,~ ] 11: .,::- ;"):- fll}ltl:'sl/ [ :7~. ,",:.l.' [ .. : .
Section ]~ r,-.-,;.,..... :,,, t'!~-., E,'i~:mi.n<:,:r, All
beJ. ll¢.l read7 £or }uck:-:'::::.; ::.n~.z_,. ;.~ :.i ...,,,, 1.." :.'.::Cit"
Engineer Upon revle'..; ap.d COi,;:.,'.ii'i:;~ :: ,...'! : :. I ,] .- 5,..
shall -' ~ i~ "~ ...... " :" "; .... ~" ' : '";,,',
Illo;:,.. h, , ...{,.,.r'.,,. L.'.} ~ .,' ................
cony thereof to ti~e ,n:;:-,i i~ ....
.. ,: ,'_'r O:' :l',3t
a:3blioation s.,..','.~s t~) .-.::,::-ti';.- a '".~,,',,:',.:lc., ".:~bt to
which is described cn trh.-. PI :':, ::::.'! c:.: '.!i." '..'! th it
res.,sect to ~::"2a dn bon..':dary
Section 12. F. :'~'::-' pd, t: '~ ' ':' ' h__'.:.'__ :_'. ......... ·
.-. ._ ::..._:. .: _. ........... ' ' :" ',: ,i.' ::...'_.:
Konai Advi:3ol."/ tlql'b'ht' ,'":::V'~!::.':J~,:; .qb:iii. :' "~ .....' :i 1 .:- ..1,].c- ,0 : .:..
£or t}.c:o!c:n:i:; t.':,~,:: l:h.' :'~.] :..:::.;:',:: O' t ,:il'' l':. :i: "' :
repo~t. Tho gt~;:!l:i[.'-:Jil::: :::.,,':' C,);l::i:,.:t i '1-} ...... ' ...... '
VOi.'ie'''- . t'.'l,.' va~ ic!i"". ,. · of "".".... a:>:~] ic.".::','.':: ct-. J' ::..i '-.. :':...-.-
addition:ti. ,.vid,.':,'? i," '.'i'. ,.' ~': 5,:,:";'~' ~.:! ~': !.h .
order to coale to I'C. COEi::t. '::ti S.'I i d c ! : ] ::, : r. :- ,'1} } ..... : ] }." ...
Cit'.,. Coun..-~ 1 p.';t'l::7~::-; .:',!,~..~c...:' ',-'. ':.:,,'- .,,'. ',. :: :''_ ., .: ', ' ..'..
addi',.$s ?;tared on his ap!~lic,'ttion. Tho
}.:'.-,vi.i., .= ,-h,,,'" ,~..c 1::::: ::,~ ':!.i i: !:: :' ':.:'.:-:'!::: .,': .. · : '
.... Ci. tv (' '' ' ' ' '
Lilt,' . ')'.l:i'-'l i :5~..ti : ("':' : 'i ...... ' ' 1' .'.'..i
..... · ,::p:.]Ca:",t '.li'~ :I iiX,. "· I :? l' '."i' ';.' ::.d '..'! 'h '~ ':" '
c;.." itTM ,:.~] (:!.'.'.'~'.. "Ii:' ':1 :l.k k") .'. .,;'. ' i.:. !,, ' .; ...
Ord. ,155-78, page 17
and estimated costs of survey, appraisal, transfer, and
purchase, if of Class III and if not, to advise the applicant
that tho remainder due shall shall be deposited with the
Clerk before further processing. If or when the deposit is
sufficient to pay all such costs, tile Clerk shall cause to
be published once a week for four (4) weeks, in a newspaper
of general circulatio~ in the City, notice of the names of
the applicant(s), the Block and Lot numbers of the property
claimed according to Plat designations, the preference right
claimed, the improvements made, the length of time (including
the dates) the applicant occupied the land, and if Class III
its appraised value, and that the City will issue to the
applicant(s) its Deed therefor within thirty (30) days after
the last date of publication, provided that before date of
last publication nor adverse application or claim has been
filed with the City. During said period of publication the
applications thereof shall be returned to the City Engineer
who, at the end of said period of publication, shall note on
the application whether or not any adverse claims have been
filed for the land in question. If adverse claims have been
filed, the applications shall be further processed for
hearing. If no adverse claims have been filed, the respective
applications shall be returned to the Clerk.
Section 14. Deeds--Permanent Reqister. The Clerk
shall then cause to be prepared a Quit-Claim deed conveying
such land to the applicant(s) that the City has and transmit
the Quit-Claim Deed to the Manager for execution. Notice
shall then be sent to the applicant to take delivery of said
Deed at the office of the Clerk, who shall deliver the same
to the applicant if all requirements have been met and all
costs, including purchase price, if required, have been
paid. Duplicate originals of all executed Deeds shall be
kept in the office of the Clerk in a permanent register
entitled "Kenai Tidelands Deeds" with permanent alphabetical
index of grantees.
Section 15. .S. pocial Proceedinqs for .Disputed Claims.
The Kenai Advisory Harbor Commission (Co~m~ission) shall sit
as a quasi adjudicatory body to set disputes for hearing and
hear tile evidence under oath of the parties to the disputes.
Proceedings shall be informally conducted but testimony
taken under oath, and notice of the proceedings shall be
given to the disputing parties. Their object shall be to
determine without delay the respective basis of the conflicting:
claims. Upon the submission of each dispute, the Commission
si;all prepare a short sur. m~ary on tile conflictinq claims and
the evidence submitted in support thereof, together with
their written findings of fact, and conclusions of law.
Ord. 455-78, page 18
Section 16. Proceedfnqs for Determination by Council
of all Disputes. Upon receipt of the working files in all
cases of disputes, and tile sun~ary of the Hearings Officer,
together wit]] copies of notices of hearings served upon or
mailed to all parties to the dispute, the Council shall set
tile dispute of }{earing and determination, and cause notice
to be served on all parties. Upon the Council ]laving heard
the dispute it shall enter its ruling thereon as quickly as
possible, but not later than tell (10) days after the matter
is submitted. Aggrieved persons shall have the right of
appeal to the Superior Court, within thirty (30) days after
the ruling of the Council is rendered.
Section 17. Determination Upon Stipulation of Facts.
Wherever possible, to reach agreement of the parties at
hearings before the Commission, a stipulation of facts shall
be prepared and agreed upon by the parties. Where this is
done the Commission shall prepare and attach his conclusions
of law and submit the file to the City Engineer to determine
if the City's interests are affected by the stipulation, or
if a boundary change is required and no third party or City
interests are affected adversely by the proposed change in
boundaries of lots shown on the Plat, upon approval of the
Council the Plat shall be directed to be changed. Should it
be determined by the City Engineer that the stipulation
adversely affects the interest of the City or those of third
parties, the dispute shall be returned to the Commission
for further proceedings upon notice given.
Section 18. Rejection of Protests Other Than by Applicant.
No objections will be received to proposed issuance by Deed
by the City on publication of notice thereof, nor will any
person be permitted to appear and be heard at any hearing of
a dispute before the Commission or the Council, unless such
objector or person is an applicant for preference rights of
Class I or II and has filed an application with the Clerk.
Tile foregoing shall not prevent the appearances before the
Commission or Council of witnesses appearing on behalf of
the parties ill dispute or persons called by the Commission
or Council who may have personal knowledge concerning the
verificatian of claims.
Section 19. }landlinq of De~)osit and Purchase Funds.
All funds received as deposl-t-.~.~'lth applications for costs
or purchase price for tidelands shall be deposited by the
Finance Director ill the General Fund. Such deposits will be
credited by the Finance Director as follows:
(a) Survey Costs - as a credit to disbursements
made by the City for costs of preparing the
Tidelands Subdivision Plat.
Ord. 455-78, page 19
(b) Transfer Costs - to Administrative Costs as
Deeds are issued.
(c) Appraisal Costs - to Administrative Costs as
earned, or as credit to appraisal costs incurred.
(d) ttearin~ Costs - to Administrative Costs,
Hearings Officer.
(e) Purchase Costs of Class II lands shall be
credited to a separate account in the General Fund
to pay for improvements in tidelands areas consisting
of fill, street, sidewalk and sewer improvements.
Section 20. Forfeiture of Preference Riqhts. Any
occupant or owner or holder of preference rights as herein
defined, who has not applied to the City for title thereto
as herein provided, on or before two (2) years after the
date applications to exercise preference rights will be
accepted for filing by the City under this Ordinance, by a
properly completed application duly filed with the Clerk and
accompanied by the required deposit, shall have forfeited
his right to asser this preference rights and acquire title
to tidelands subject thereto from the City; and such tidelands
and contiguous submerged lands subject to such unused preference
rights shall thereafter be free and clear of all claims to
preference rights and the City shall have no obligation to
convey the same to any Person or persons whosoever, and said
land shall then be and remain the property of the City and
be subject to such disposition as provided for by law or
Ordinance.
Section 21. Forms. The clerk shall cause to be
printed application forms and other forms for use in processing
the same in substantially the following form:
APPLICATION FOR
TIDELAND PREFERENCE RIGHTS
Name
Home Address
Post Office Address
Application No.
Mark X to designate nature of Preference Right Claimed
Class I
Class II
Class III
Does the Tideland Plat 272 correctt':' shcw the land applied
for:
Yes No
Ord. 455-78, page 20
If Tideland Plat does not correctly show land applied for,
describe it by metes and'bounds and attach plat of land
applied for (use attachment if more space is required).
Ail claimed improvements were first constructed and used (1)
before September 7, 1957 ? (2) before September 7,
1957 and January 3, 1~59 ? (3) after January
3, 1959 ?
Is any part of your claim based on improvements and/or fill
constructed or placed after January 3, 19597 Yes No
. If answer is "yes" describe area improved after
January 3, 1959, (use attachment if more space is needed)
and state nature of improvements.
Have any of these improvements been extended or improved
after (1) September 7, 1957, (2) January 3, 19597 Describe.
To what beneficial purpose was fill used prior to (1)
September 7, 1957 (2) January 3, 19597 Describe.
Was this beneficial use continued through January 3, 19597
Describe.
The Plat is based on apparent use and improvements existing
on January 3, 1959, recognized by the Alaska Land Act; state
any reason known to you why your claim does not correspond
with the Plat. (Use attachment if more space is required).
I offer Cash Money Order
in the amount of $
for the following costs:
Cashier's Check
as deposit
Use by Clerk
Filing Fee $ $
Survey Costs (at rate of
per sq. ft.)
Appraisal Costs (Class II
Applications)
Transfer Costs ($ )
tlearing Costs (if claim adverse to prior application a
deposit
.of $ for hearing and
service notice is required)
Total Deposit (Does not include
purchase price of land in Class
II Applications)
Deposit Received by City by
Date of Application
Date Application Received by Cit~'
Time Filed
Ord. 455-78, page 21
CERTIFICATION
I, , the above named applicant, or its agent,
hereby certify that all of the statements made in the
application and incorporated attachments, if any, are true
and correct.
Print Name(s)
Signature(s)
(b)
ASSESSOR'S APPRAISAL
The undersigned appraiser(s) do hereby certify that he has
duly appraised the tide and/or submerged land described.in
the attached Application No. of ,
without including in the hereinafter stated value any value
for valuable improvements constructed or placed hereon prior
to January 3, 1959, at the fair market value.
Tideland sq. ft. at $ per sq.
foot $ ·
DATED at Kenai, Alaska, this day of
197__.
Signed
WAIVER OF CLASS II PREFERENCE RIGHTS
(ATTACH TO EACH CLASS I APPLICATION)
I, , the applicant, or ]lis authorized
agent, in the Application for Tideland Preference Rights,
Application No. , to which this Waiver is
attached, do hereby waive any and all Preference Rights, to
acquire tide or submerged land lying seaward of the City of
Kenai, to which I am now or may hereafter become entitled by
reason of the provisions of Public Law 85-303.
Ord. 455-78, page 22
DATED at Kenai, A[a:;ka, this
197__.
___ day of ,
Print Marne
Signature
(d)
CITY OF KENAI, ALASKA
TIDELAND QUIT-CLAIM DEED
This deed, made in duplicate this day of
197__, by and between the City of Kenai, Alaska, Grantor,
and , Grantee(s).
WI TN E S SETH :
That the said Grantor, for and in consideration of the
sum of One and No/100ths ($1.00) Dollar and other good and
valuable consideration, to it in hand paid .by the said
Grantee(s), pursuant to the provisions of the Alaska Land
Act (Chapter 169, SLA 1959) and Ordinance No. 455-78, enacted
on January 3, 1979, pursuant thereto, does hereby conveys,
quit claims, and confirms unto said Grantee(s) as tenants by
the entirety, with the right of survivorship (strike if
grantees are not husband and wife), and to his (their) heirs
and assigns (strike if Grantee a corporation), and to its
successors and assigns (strike if Grantee not a corporation),
all such interest as the Grantor has, if any, in the following
described lot, piece, parcel and tract of tide:land a,ld
contiguous submerged land situated within the corporate
limits of the City of Kenai, Alaska, and more particularly
described as follows, to-wit:
Ail of Lot , Block , according to
the ~fficial Tidelands Subdivision Plat of the City of
Kenai, Alaska.
Together with all and sin<lular the tenements, hereditaments
and appurtenances thereunto belonging or in anywise appertaining.
To hav~ and to hold the same unto the said Grantce(s),
his or their heirs and assigns, (or) to its successors and
assigns, forever.
Ord. 455-78, t~a~l~: 23
IN WITNESS WIIEREOF, tile Gr:lntor has cau:;cd this Deed to
be executed the day a~l¢l year h(:r¢;inabove first written.
CORPORATE SEAL CITY O1.' KENAI, ALASKA
ATTEST:
Its ci~rk
Its Manager
CITY OF KENAI
ORDINANCE 520-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA AMENDING
ORDINANCE 488-79 IN RECOGNITION OF A GRANT FROM TIlE STATE OF ALASKA
FOR MODIFICATIONS TO FIVE SEWER LIFT STATIONS.
WHEREAS, the City Council, by Ordinance No. 488-79, appropriated $30,000 of
1974 refunded Water and Sewer Bonds to the five lift stations project due to a
higher construction bid award than expected, and
WHEREAS, the State of Alaska has offered to participate in this additional cost
in the amount of $13,850.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI
that Ordinance No. 488-79 be amended to read as follows:
Renovation of five sewer lift stations
Increase Estimated Revenues:
Grant from State of Alaska
Contribution from fund balance
1974 Refunded Bond Issue - Water & Sewer Bonds
$13,850
16,150
$30,000
Inerease Approp~ations:
Construction
$30,000
PASSED BY TIlE COUNCIL OF TIIE CITY OF KENAI this 5th day of September, 1979.
Attest:
Sue C. Peter,City Clerk
VINCENT O'REILLY, MAYOlt
FIRST READIIVG: Au~'ust 15, 1979
SECOND READING: September 5, 1979
EFFECTIVE DATE: September 5, 1979
3000 SP£NAI:;'D F~OAD
ALASKA 99502 /PHONE: (907) 277'5551
Hr. Oscar L. Thomas
Kenai Utillty Service Corporation
P. O. Box
Kenai, AK
Dear Oscar:
You have indicated by letter of August 23, 1979 that the pres~t opinion
of the Kenai City Attorney ts that the transfer of a portion of your service
area would require referendum vote. Your letter also includes, as a condition
of the transfer, that AGAS accept responsibility for any election costs which
may be charged.
It ls our opinion that the transfer is not practical If the referendum
is required, for a number of reasons. First, expansion of service into the
area is marginal at best and we would be doing so as an accommodation to the
residents and can ill afford incurring any electlon costs. Secondly,,the
transfer would be of interest only to the residents of the transfer area and
we believe voters not affected by the action might well vote it down unless
an extensive and expensive educational effort is made. Finaily~ it seems
probable that notice and action by the APUC on :he matter would be delayed
beyond the election certification date, a delay that should be avoided.
We believe that state law has pre-empted decisions on "franchise areas"
from political subdivisions, and entrusted such decisions to the APUC. However,
we do not intend to request Commission action unless the local government of
the City of Kenai would have no objection and in fact would support our
effo,'ts. In this regard, we would have to request that Council approval not
include a referendum requirement.
If the City Attorney, after reviewing the matter, determines that referen-
dum is required, and if action by the Councll should be condltiona] in that
regard, we would have to drop the matter at present and perhaps review it at
some later date when the economics would justify a more extensive effort.
pm
CC:
Very truly you?,,/
c.---',;"-,_
Da l'e Tee 1
President
Hr. Rordon Zerbetz, Chairman, Publlc Utilities Commission
I~r. Ernie Schlereth, Kenai City Attorney
Mr. James H. Covington c/o Oscar Thomas
q
RECEIVED
The otl~er
AUI'I-C~?ED BuILC~I~
P. O. Box 340 - Kenai. Alaska 99811
August 24, 1979
City of Kenai
P.O. Box 580
Kenai, Alaska
99611
Attention: Bill Nelson
Gentlemen,
Re: artical "Council Sparks Fly Over Building", in Clarion dated
August 17, 1979. This artical prompted me to recall your request
for a proposal on a warm storage building in your shop yard.
(Letter dated 4-30-79). At that time we quoted you an amount of
One Hundred Thirty Nine Thousand Seventy Three Dollars
($139,273.00). This is still a good figure, based on the assump-
tion we could have the concrete work done prior to 1 October, 1979.
After that date some consideration for cold weather operations
would be necessary.
President
RSO:c~c
Encl: i copy o~ your letter 3-30-79 ~ith penciled note dated
4-18-79.
August 29, 1979
,CITY OF KENA!
P. O. BOX 580 KENAI, ALASKA 99611
TELEPHONE 285 · 7555
ME~IO
TO:
FR~M:
SUBJECT:
Charles Brown, Acting City ~4anager
Howard ttackney, Building Inspector
Mukluk Building
The building appears to be well built and I see no reason why
it would not meet the present building code. It would need
portable fire extinguishers to comply with fire department
regulations.
Except for minor items, junction box covers,, extension cord
through wall to the well etc., the electrical system would
meet code. Miring is in conduit and what I checked is wired
correctly.
The o~mer stated that all four unit heaters worked.
The pump to the well was not on so there was no water to check
the plumbing system. It would probably need some work to be
made operational.
There are several holes in the sidewall (probably for exhaust
venting) which would need to be patched. There are two bulges in
the east side at floor level, each about 6 inches. They are not a
structural part of the building.
The insulation is damaged in numerous places and should be repaired
which could probably be done with spray urethane. Both walls and
ceiling are insulated with an inch and a half or two inches of
fiberglass or mineral wool type insulation. This is probably
inadequate by today's standards and it could be expensive to
add more. Also, the top four feet of the side walls are covered
with corrigated alsynite sheets which has polyethylene installed
over it on the inside.
Memo to Charles Brown
Page 2
August 29, 1979
There appears to be several leaks in the roof probably where
screws have come loose or an aerial penetrates the roofing.
There are three 3/0 x 6/8 passage doors which are sealed shut
and would need some work to make them operational. One needs
a piece of glazing replaced.
The biggest problem with the building is the doors. I had
considered completely removing them and rebuilding each end
of the building with an overhead door in each end. The
contractor that I discussed the doors with suggested leaving
the present doors on, opening them to the necessary width
and framing in the overhead door. The edges where the doors
bypass each other could then be sealed which would leave the
ends about the same as the side walls as far as insulation
and appearanc~ is concerned. This would be much less expensive
than what I had first considered. The cost to install two
16 x 18 manual operated overhead doors, one in each end,
would be about $9,000.
It would probably not be necessary to put the well and septic
system into operation, although it would be convenient and the
water might be used for washing off equipment etc.
Without the well and septic tank probably the building could
be made operational for $11,000 to $12,000.
HH[j e t
carmen vincent gintoli, architect.
eOX50.4. p_ro_fe_~ional building sUite'210
nal, alaska 991~11
907 283' 7 732
I 29 1979
· .. · .August
- ,:. City .of' Kenal
· Box 580
', :'~] .. Ken<~t, AK 99611
Attention Mr. C. A. Brown
,%: ]~.:!::....:...,,. ...... Actlng City .~nager
,' .~.:' : "RE; City Hall Schematics
',i.:,:--. :. P.O. No. 02298
1NVO ICE
· Principal ,
', 60 hfs a $35.00 $2100
Drafting · '
31 hfs ~ $18,00 558~
$2658 ,/"
Presentatlon to Council and Public Works Committee
5 hrs ~ $35.00 , $ 175
Soils Investigation
$ 432 /
Totals $3195
Total Due per Agreement
$2658
N/C
N/C
$2658-
$250~
Thank-you
APPROVED BY CITY OF KENAI . J
~UBUC WOR~ ~ ~ A~O~':~ ......................... ~
Sahlberg Equipment
~estern Ut flit tea
Schonatedt Instrument Co.
£elly-Crea~ell Co.
Zubeck, Inc.
Jackovtch Tractor
Firestone
Craig ~y~Equipment
Air-Tek
Heavy Duty gl~trlc Co.
K~ gqul~ent Co.
~torola
Inlet Instr~ents
REQUISITIONS OVER $50D.00 ~IIICH NEED COUNCIL APPROVAL
DESCRIPTION '~ DEPAR'INENT
Blades & Plates Shop
Parts for Fire Hydrant Repair W & S
Netal Detector W 6 S
Striper Airport H&O
Backhoe work/water main repair W & S
Crosslinks Shop
Crosslinks Shop
Pump Parts Shop
Spread/Level Little League Field Parks
1977 4X4 Ford Pick-Up Airport Admin.
Concession Lots Appraisal Airport Land
Street Light Repair Street Lighting
Constant Current Regulator Airport ~&O
Sno~ Blower Parts/Freight Shop
Local Government Radio Airport Admin.
FAA Radio Airport Admin.
915179
ACCOUNT
Repair/Naint. Supplies
Repair/Haint. Supplies
Machinery & Equipment
Nachinery & ~quipment
Repair & Halntenance
Repair/Naint. Supplies
Repalr/Haint. Supplies
Repair/Naint. Supplies
Imp. other than Bldgs.
Machinery & Equipment
Pro£essional Services
Repair & Haintenance
Repair &Haintenance
Repair/Haint. Supplies
Nachinery & Equipment
Machinery & Equipment
2,388.40
1.418.92
525.00
2,160.00
2,175o00
947.00
1,735.00
903.57
960.00
4,800.00
350.00
2,450.00
2,444.00
4,~2.76
858.00
778.00
CITY OF KENAI
ORDINANCE NO. 521-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
1979-80 STATE JAIL CONTRACT FUND IN THE AMOUNT OF $3,600.
WHEREAS, the City of Kenai has approximately $24,000 in
Fund Balance at June 30, 1979, and
WHEREAS, the Police Chief has compiled a list of items
that are needed:
1. Installation 9f security windows in the jail cells.
2. Acquisition of one new freezer.
3. Acquisition of a 4-door, radio equipped, replace-
ment sedan for jail use.
4. Installation of fencing for rear of jail area.
5. Acquisition of storage building.
WHEREAS, at this time, installation of security windows and
acquisition of a freezer need to be undertaken immediately,
and
WHEREAS, proper accounting practices require that all ap-
propriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA that the following increases in estimated
revenues and appropriations be made:
State Jail Contract
Increase Estimated Revenues:
Contribution from Fund Balance $3,600
Increase ApproFriations:
Jail-Buildings $3,000
Jail-Machinery & Equipment 600
$3,600
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA THIS 19th
day of September, 1979.
ATTEST:
Sue C. Peter, City Clerk
Approved by Finance:~,~.
VINCENT O' REILLY, MAYOR
First Reading: September 5, 1979
Second Reading: September 19, 1979
Effective Dat~: September 19, 1979
CITY OF KENAI
ORDINANCE NO. 522-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
CAPITAL PROJECT FUND ENTITLED "AIRPORT RUNWAY PAVING" IN
THE AMOUNT OF $65,000.
WHEREAS, the Airport Runway Paving Project, ADAP 6-02-0142-04,
has experienced cost overruns in construction of approximately
$85,000, and
WHEREAS, there are sufficient monies in contingency to fund
approximately $20,000 of these overruns, and
WHEREAS, correspondence and discussion with the Federal Aviation
Administration indicates that a grant increase will be granted
to the City for these cost overruns, and
WHEREAS, the State of Alaska Division of Aviation is expected
to participate in the increase, and
WHEREAS, proper accounting practices require that all ap-
propriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
KENAI, ALASKA that the following increases in estimated revenues
and appropriations be made:
Capital Projects-Airport Runway Paving
Increase Estimated Revenues:
Transfer from Airport Land System
State Grants
Federal Grants
$2,031
2,031
60,938
$65,000
$65,000
Increase Appropriations
Construction
Be it further ordained that the following transfer of monies
be made in the 1979-80 Airport Land System to fund the City's
share of this increase:
F rom:
Airport Land-Contingency
$2,031
To:
Airport Land-Transfers
$2,031
Ordinance 522-79, page 2
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
19th day of September, 1979.
ATTEST:
VINCENT O' REILLY, MAYOR
Sue C. Peter, City Clerk
First Reading: September 5, 1979
Second Reading: September 19, 1979
Effective Date: September 19, 1979
Approved by Finance:
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
ALASKAN REGION
August 15, 1979
Mr. Charles A. Brown
Acting City }~nager
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
Dear Mr. Brown:
Your letter dated August 9, 1979, requested a grant increase of $70,000.00
to the Kenai ADAP-04 project. We can not authorize a grant increase until
you have submitted a final request for grant payment and as-built plans of
the construction project have been received and approved by this office.
The final grant payment should be accompanied by a letter requesting a
grant increase. The maximum amount of a grant increase is limited to ten
percent of the grant. A final audit will be made by FAA representatives
shortly after we have received the final request for grant payment.
Sincerely,
RICHARD W. GRIFFITH
Acting Chief, Engineering ~raneh
Airports Division
CITY OF KENAI
ORDINANCE NO. 523-79
AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE
1979-80 GENERAL FUND AND AIRPORT LAND SYSTEM FUND BUDGETS
IN THE AMOUNT OF $37,500 TO PROVIDE FOR THE PURCHASE OF
THE CITY'S SHOP BUILDING BY THE GENERAL FUND.
WHEREAS, the City's shop building was funded in part
with monies provided by the Federal Aviation Administration
(FAA) who require that the building be used for airport
purposes, and
WHEREAS, the City is presently using this building primarily
for general government purposes, and this has been deemed
by FAA to be in violation of our agreement with FAA regarding
use of such building, and
WHEREAS, the City has the option of purchasing the building
from the Airport Land System for 62 1/2% (the original FAA
share of the project) of the existing fair market value of
said building, and
WHEREAS, a current (October 10, 1978) appraisal of the original
building shows the existing value to be $60,000, and
WHEREAS, the FAA has accepted this appraised value, and
WHEREAS, proper accounting practices require that all ap-
propriations of City monies be made by ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA that:
Section 1: The Council of the City of Kenai, Alaska
hereby accepts the current appraised value of the original
City Shop Building of $60,000.
Section 2: Estimated revenues and appropriations are
hereby increased as follows:
General Fund
Increase Estimated Revenues:
Contribution from Reserve for
Capital Improvements
$37,500
Increase Appropriations:
Transfer to Airport Land System
$ 37,500
Ordinance No. 523-79, page 2
6$rport Land System
Increase Estimated Revenues:
Transfer from General Fund $37,500
Increase Appropriations=
Transfer for Reserve for
Airport Improvements $37,500
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
19th day of September, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Rue C. Peter, Cit-~-~erk
Approved by Finance:..~'~_
First Reading: September 5, 1979
Second Reading: Septembe.r 19, 1979
Effective Date: September 19, 1979
October 10, 1978
Mr. John E. Wise, City-Manager
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
RE: Short ~arrative Appraisal of Lots 1-11, Block 1 and Lots 1-8,
Block 2, and Tract B, and shop building on Tract A, FBO SUBDIVISIO)I
Dear Mr. Wise:
As you requested, September 6, 1978, through purchase order ~00171, dated
August 8, 1978, I have made an inspection and valuation analysis of the
above property. The following short narrative appraisal contains the most
pertinent information and value conclusions concerning the property. Em-
phasis is placed on the valuation with a minimum of detailed description.
This report is designed to assist you in your leasing of city-owned lands
and your purchase of the shop facility. It should be used in conjunction
with existing city information and materials. For uses beyond this
scope, it is understood that a full narrative report may be necessary.
SUMMARY OF PROPERTY CHARACTERISTICS
OSTENSIBLE OWNER
City of renal
LOCAT I ON
The lots are located along Willow Street between the air terminal and
the FAA tower and the shop building is located on a lO acre tract of
ground east of the intersection of Willow Street and Airport Drive, all
within the City of Kenai.
PURPOSE Arid FUNCTIOII
To estimate the current Fair Market Value of the subject for leasing
purposes and purchasing purposes,
DEFINITION OF FAIR MARKET VALUE
For the purposes of this report, Fair Market Value is defined as "the
highest price estimated in terms of money which a property will bring
if exposed on the open market allowing a reasonable period of time
to find a purchaser who buys with knowledge of all the uses to which
it is adapted and for which it is capable of being used."
PROPERTY RIGHTS
The unencumbered fee simple title.
!MPROVEMENTS
Subject lots: None
Subject Shop Building: Brtefy the shop building is to be valued as
it was built in July of 1965, with no additions and/or modifications,
and with the current accrued depreciation. The following description
is based on pages 4 - 7 of the construction plans drawn by Adams,
Corthell, Lee, Wince, and Assoc., July, 1965, and by a visual inspection.
The structure is a one-story shop building facility having the overall
dimensions of 40' by 60' with a 12 foot eave height, and containing a
gross area of 2,400 square feet. The structure is a "Stran" steel
building with a poured concrete foundation and steel frame with aluminum
siding and roofing. The floor consists of 6" of re-tnforced concrete,
the walls are insulated and have an 8 foot plywood wainscot, and the
ceiling is insulated with no interior covering. There are 3 - 3' by 7'
mandoors, 3 - 13' by 14' manual overhead shop doors and several aluminum
casement single pane windows. There are interior fluorescent lights,
exterior flood lights, ample outlets, a two-fixture bathroom, a 10' x 12'
parts room, 2 gas fired overhead unit heaters, grease pit, well and
septic system.
LAND
The land may be described as:
Legal Approximate
Desert ption Oir,,ensions
Lots l-7,Block 1 100' x 395'
Size
39,500 sq'
Willow Ramp Utilities
Frontage Frontage W S E G
100' 100' X X X 0
Lots 8-11,Block 1
100' x 395' : 39,500 sq' 100' -0- X X X 0
Lot 1, Block 2 150' x 150' : 22,500 sq' 150' -0- X X X 0
Lot 2, Block 2 150' x 146.67': 22,000 sq' 150' -0- X X X 0
Lots 3-8, Block 2 150' x 140' = 21,000 sq' 150' -0- X X X 0
Tract B 210' x 189' = 34,850 sq' 210' -0- X X X 0
Generally the lots are level, sparsely treed, above road grade, and have
a sandy subsoil. Water is in and sewer is assumed to be available for
:purposes of Lhfs report. Gas is not in and electricity is. The dirt
mound on the south side of ~:illo~ Street is behind the lots.
EASEMENTS AND RIGHTS-OF-WAY
No known adverse influences.
PUBLIC OR PRIVATE RESTRICTIONS
The appraisal treats the property as if in "fee simple" and does
not take into consideration the effect of restrictive leases on value.
SPECIAL ASSESSMENTS
None known
ZONING
The ground is being appraised as if it were Light Industrial (IL) which
is designed to provide compatible industrial and comnercial uses.
HIGHEST AND BEST USE
The highest and best use of a property is defined as the most profitable
likely use to which a property can be put and/or that use of the land
which may reasonably be expected to produce the greatest net return over
a given period of time.
The highest and best use of the ground is for compatible light industrial
and con~nercial uses and for the shop facility is shop related uses.
PROPERTY VALUATION
In estimating the Fair Market Value of the subject shop building the
Cost Approach to value was used. In estimating the Fair Market Value
of the subject land the Narket Data Approach to value was used.
COST APPROACH
In the Cost Approach to value, the current cost new of the improvements,
less depreciation, is calculated to obtain an estimated building value.
If the reproduction cost new of the improvements, and the accrued
depreciation estimate are accurate, then the value indicated by the Cost
Approach can be a valid indicator of value. This approach theorizes
that a knowing buyer will pay no more for a property than the cost for
which he could reproduce that property, assuming no serious delays.
Cost Breakdown: Based on 1965 construction details, 1978 costs:
Main building 40' x 60' = 2,400 sq. ft. @ 32.00/s'
Less accrued depreciation {22%)
Depreciated value of the shop building
Rounded
S76,80o
-t6,900
S59,90o
$60,000
The Cost figures are based on the local market and the accrued depreciation
~s based on 13 years of physical wear and tear and 22 years of rL,,aining
economic life.
In estimating the Fair Market Value of the subject lots, a search was
made for sales of property with similar characteristics in the area.
Few similar sales were found, however, due to the unavailability of
Light Industrial fee ground surrounding the airport. Consequently,
other indications of value were sought. Sales in the Original Townsite
area and in other commercial areas as well as existing city leases
were found to be helpful in estimating value.
Original Townsite: Eight (8) sales or "for sales" were found and
are tabulated below. Although they vary in size, zoning, and amenities,
they are similar and do set a price trend. Generally the lots have
been sold for either multi-residential or professional office uses in
mind. Both the Urban Residential (RU) and the Central Commercial (CC)
zones allow these uses. The lots have been slow to turn over with
limited development taking place. The comparables indicate a recent sales
range from $1.31/square foot to $1.58/square foot not includin§ Comparable
No. 2 ($1.08) because of an out of state seller, Comparable No. 3 ($1.06)
because of date of sale, and Comparable No. ? ($.74) because of the forced
position of the seller. The "for sale" comparables indicate an asking
price of $1.90/square foot to $2.02/square foot not including Comparable
No. 6 ($5.07)because of its Kenai Spur Road frontage.
Beyond the price ranges it was found that the properties most likely to
develop commercially were some 15% hi§her than the multi-residential
properties and that the properties were appreciating 20% per year for the
last 2 years.
Comp
,qo.
2
3
4
5
6
7
:omp
l~o.
lO
11
12
ORIGINAL TOWNSITE + EAST AI)DITION COMPAPJ~BLE TABULATION
Legal Sales Sales Price
Description Date Price Size /unit Z_9oEing Remarks
Lt 3, Blk 5 2/78 $22,000 16,801 $1.31/s' CC refused offer
For Sale $26,R00 16,801 S1.60/s' CC list price 2/78
Lt 1,Blk 8 3/78 $32,'700 27,387± $1.08/s' RU $3,000 to bldg
Ls 1,5,13,14,B5 10/76 $34,778.70 32,796 $1.06/s' CC
Lt 2, Blk 6 For Sale $34,900 16,280~ $2.02/s' RU $2,000 to bldg
Ls 12-15, Blk 1 1/78 $35,500 22,429 $1.58/s' RU
Ls !,~, Blk 1 For Sale $42,500 8,379 $5.07/s' CG
Ls 9-12, Blk 5 9/77 $50,000 68,000t $.74/s' CC Forced Sale
Ls 16-17, Blk 16
Ls 6,7,15,Blk 5 For Sale $94,600 47,316 $2.00/s' CC
Other Con~nercial Sales: Four (4) comparables were found and are
tabulated below. All are conmerctal properties on the renal Spur
Highway and have an area of 1 acre or more. They indicate a range of
value of from $.65/square foot to $4.03/square foot overall, a range of
$1.07/square foot to $1.13/square foot for the properties in the west
part of town, and an appreciation of 40-60% per year from 1977 to 1978.
OTHER COr.?4ERCIAL SALES
Legal Sales
Description Date
Sales Size Price
Price ~q.ft. /unit Zoning Remarks
L 138-A Sec 31 10/76
For Sale
$30,000 45,880 $.65/s' CG E.M.
$34,500 45,880 $.75/s' CG List Price
L 136 Sec 31
6/77
6/78
For Sale
$62,000 88,209 $.70/s' CG
$100,ODO 88,209 $l.13/s' CG
$225,000 88,209 $2.55/s' CG
Ls 1-4 ETLII 9/76
$175,000 43,397 $4.03/s' CG
Tr A Shadwa
6/76
4/77
10/77
$200,000 172,933 $.19/s' CG 163,000 bldg
$360,000 172,933 $1.07/s' CG $185,000-bldg
48,000 E.M.-
forfeited
$300,000 172,933 $.66/S' CS S185,OOO bldg
forced sale,cash
EXISTING CITY LEASES
The leases written or renewed since June of 1977, are a measure of
the market's acceptance or rejection of the underlying estimates of
fair market value. Twenty-six (26) lessees involving thirty-seven (37)
lots have been leased or spoken for in the last twelve (12) months.
Sixteen (16) are new leases covering twenty-five (75) lots, ten (10)
are renewed leases covering twelve (12) lots..
Of the twenty-six (26) leases only the last three (3) renewals have been
contested. They show a increase of 100% over their June,'1977 values
and presently a proposal of settlement of a 50% increase has been offered
by the City. No response had been received at the date of this appraisal.
The June, 1977, values indicate $1.O0/square foot to $1.10/square foot
for Willow Drive and Main Street Loop Road frontage lots and $.80/square
foot for airport apron frontage lots.
COMPARATIVE ANALYSIS
The subject lots are along Willow Drive north of the terminal. The leased
lots south of the terminal along Willow Drive have attracted retail, whole-
sale, and service establishments as well as professional offices. The
lots along the apron have attracted airport related uses. The subject
lots should follow this development trend.
The original townsite sales indicate that their commercial values have~-
reached $1.31/square foot to $1.58/square foot as of February, 1978,
are approaching $2.00/square foot and are appreciating 30% per year. Tile
other commercial sales which involve larger properties on the Kenai Spur
Highway and in the west part of town indicate Sl.07/square foot to Sl.13/
square foot as of June, 1978, and an appreciation of 40% to 60% per year
for the last year. The lease activity reflects a strong interest in the
city property at Sl.O0/square foot for the road frontage ground and
$.80/square foot for the apron ground.
The townsite sales and existing leases are more helpful in valuing the
ramp lots than the large acreage sales.
The townsite sales at, lets say, $1.45/square foot are similar in size
andTllany improvements. They are superior in utilities (have gas), in
site preparation (are cleared), and in location (within downtown core),
are inferior in ramp frontage and overall are superior. That is, because
of the disadvantages of lot utilities, preparation and location, a
purchaser would be warranted in paying more for similar property in the
original townsite than on the ramp even with the advantages of the ramp.
I I '
The existing leases at $1.O0/square foot and $.80/square foot are
similar to the subject ramp lots in size and amenities. They are
superior in utilities (gas) and in location (south df the terminal)
But are inferior in double frontage (ramp and road) and in 16 months of
lapse time since valued. Overall they are inferior. Time and their
double fro~ta§e and use have increased their value in relation to the
existing lease lots based on June of 1977 v~lues.
The range is from $9.00/square foot to $1.45/square foot with the
subject ramp lots more similar to the higher range of v~lue at
$1.25/square foot or:
39,500 square feet @ $1.25/square foot m $49,375.00
Forty-nine Thousand Three Hundred Seventy-Five Dollars
Non-Ramp lots: (same side) The discussion of the non-ramp lots follows
the same link as the ramp lots but without the affect of the ramp which
has an affect of some 10-15% or $6,000 on value.
39,500 square feet @ $1.10/square foot = $43,450.00
Forty-three Thoumand Four Hundred Fifty Dollars
Lots south of Willow Drive: The same discussion follows with the smaller
size and the loss of possible future ramp development off-setting or:
22,000 square feet @ $1.10/sqaare foot = $24,200.00
Twenty-four Thousand Two Hundred Dollars
The l~rger corner lot is valued slightly higher at $1.15/square foot or:
34,850 square feet @ $1.15/square foot : $40,077.50
Forty Thousand Seventy-seven Dollars and Fifty Cents
A tabulation of the individual values is as follows:
Legal
Description Size }/sq' FMV
Annual Rental
¢ 6%
Lot l, Block I 39,500 s
Lot 2, Block 1 39,500 s
Lot 3, Block 1 39,500 s
Lot 4, Block I 39,500 ~
Lot 5, Block I 39,500 s
Lot 6, Block I 39,500 s
Lot 7, Block 1 39,500 s
Lot 8, Block 1 39,500 s
Lot 9, Block I 39,500 s
Lot 10, Block I 39,500 s'
Lot ll, Block I 39,500 s'
e $~.25/s' :
e S1.25/s' :
La $1.25/s' :
La $1.25/s' :
@ $1.25/s' :
La $1.25/s'
@ $1.25/s' =
La $1. lO/s'
La $1.10/s' :
La $1.10/s' =
~ $1.1O/s'
$49,375
$49,375
$49,375
$49.375
$49.375
$49.375
$49. 375
$43 450
$43450
$43.450
$43.450
($2,962.50)
($2,962.50)
($2,962.50)
($2,962.50)
($2,962.50)
($2,962.50)
($2,962.50)
($2,607.00)
($2,607.00)
($2,607.00)
($2,607.00)
Lot 1, Block 2 22,500 s' La $1.10/s' = $24,750 ($1,485.00)
Lot 2, Block 2 22,000 s' @ $1.10/s' = $24,200 ($1,452.0D)
Lot 3, Block 2 21,000 s' La $1.10/s' -- $23,100 ($1,386.00)
Lot 4, Block 2 21,OOO s' La $1.1O/s' : $23,100 ($1,386.00)
Lot 5, Block 2 2 ,000 s' La : $23,100 ($1,386.00)
Lot 6, Block 2 21,000 s' La $1.10/s' : $23,100 ()S1,386.00
Lot 7, Block 2 21,000 s' La $1.10/s' : $23,100 ($1,386.00)
Lot 8, Block 2 21,000 s' La $1.10/s' = $23,100 ($1,386.00)
Tract B 34,850 La $1.15/s' = $40,077.50 {$2,404.65)
Shop Building ·
$60,000
I hereby certify that I have no personal interest in the subject property, and
no compensation is contingent upon the valuation found.
The additional information upon which this analysis has been based is retained in
my'files, but can be made available upon request. If you have questions about
this appraisal, please let me know.
Respectfully submitted,
FRYKHOLM REAL ESTATE APPRAISAL
Vernon L. Frykholm, Jr.
Appraiser
VtF/tk
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
Mr. Charles Brown
Acting City }~nager
City of Kenai
P. O. Box 580
Kenai, Alaska 99611
Dear Mr. Brown:
ALASKAN ~IEGION
Preapplications for Federal Aid 1. Snow Removal Equipment
2. Warm Storage Building
We have reviewed your preapplications for Federal assistance under the Air-
port Development Aid Program (ADAP) and have determined that your proposals
are eligible for funding by this agency and can compete with similar applica-
tions from other sponsors. We do not expect to have FY 1979 funds available
for your requests; however, subject to future funds being appropriated by
Congress, we would amticipate funds to be available during FY1980.
In order to prevent possible delays in these future projects, i.e., the
iss~aace of the grant agreements, we recommend the following action be taken.
I. Snow Removel Equipment Project - Concurrence from the Department of
Transportation and Public Facilities, State of Alaska, to purchase all the
requested items will be required. Chapter 3 of Advisory Circular 150/5200-23
provides guidelines for minimum levels of snow removal equipment. A copy is
enclosed for your use.
2. Warm Storage Building Project - Since the city of Kenai utilizes
this facility as a city vehicle ~lintenance shop instead of for airport pur-
poses as required by the Federal Aid to Airport Program's agreement, stage
I~C401, we must request the city discontinue such practice or transfer to
the a~r~.ort fund an amount e__qual to 62!~ percent of the existing fair market
va-~ue o~'-s'aid'$~-£ih~U~, ~'~se~ ~ an ~ecep~bie up-to-dat~ ~pprafSal. Rein-
vestment ~-f-~-~fi~-~s requi~ed and shall be accomplished ~£tl~in a 5 year
period by expending said amount for specified items of airport improvement
in the following order of priority except as the sponsor's share for Federal
funding under the ADAP.
a. Those eligible items of airport development set forth In
FAR Part 152.
the ADAP.
Any aeronautical items of airport development Ineligible under ~''"
c. II~e interest or dividends from these deposits can be used for
the current operations and maintc, nance of the aviation-use airport property.
d. Retirement of airport bonds which are secured by pledges of
airport revenue.
Development of commoa u::e fact/.ItLe:; and uti!It lc:: of dedicated
production property of the a£rport.
We request the city submit to our off ice a copy of the appropriate docu-
ments reflecting the transfer of these funds after said value has been corn~
puted and accepted by tile city and the Federal Aviation Administration. In
addition, a list reflecting tile expenditure of this money on airport pro-
Jects is to be made available for the Federal Aviation ^dmtnistration.
If further information is needed, we would be agreeable to meeting with you
at your convenience or discuss any problems by telephone.
Sincerely,
PAUL A. LARSON
Chief, Planning and Programs Branch
Airports Division
Enclosure
CITY OF KENAI
RESOLUTION NO. 79-120
A RESOLUTION OF THE COUNCIL OF TIlE CITY OF KENAI ESTABLISIIING
A RATE OF RETURN FOR LEASE OF CITY LANDS
WHEREAS, Ordinance 400-78, Section 21.05.080 (1) (b) requires the Council
by Resolution to set a rate of return annually for leese of City and Airport
lands.
NO~(, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF I~.NAI
that the rate of return for future leases is hereby set at 6% of fair market value
as established by a qualified independent appraiser.
PASSED BY THE COUNCIL OF THE CITY ~F IO~NAI this 5th d~y of ~epternber, 1979.
VI~CL~T O'REILLY, MAYO~
ATTEST:
Sue Peter, City Clerk
CITY OF KENAI
RESOLUTION NO. 79-121
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT THE 1979-80 AIRPORT LAND SYSTEM BUDGET IN THE ACCOUNT
AIRPORT MAINTENANCE AND OPERATIONS MACHINERY AND EQUIPMENT
BE AMENDED TO INCLUDE THE PURCHASE OF A STRIPING MACHINE FOR
THE AIRPORT.
The funds are available for this purchase because the airport
will not be required to finance the beacon as originally
budgeted.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this 5th
day of September, 1979.
ATTEST:
VINCENT O'REILLY, MAYOR
Sue C. Peter, City clerk
Approved by Finance: ~
_j
OF KENAI
RESOLUTION NO. 79-f22 ~
iT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA
THAT TWE FOLLOWING TRANSFER OF MONIES BE MADE IN TIXE CAPITAL
PROJECT FUND ENTITLED "AIRPORT RUNWAY PAVING":
From:
Contingency ($ 27,523)
TO:
Construction $27,523
This transfer is needed to provide funds for construction.
Amounts transferred pertaining to the two phases of the
· contract are as follows:
Original Paving $20,604/ 0~
Slurry Coat 6,919 - ~
$27,523
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA this
5th day of September, 1979.
VINCENT O'REILLY, MAYOR
ATTEST:
Sue C. Peter, City Clerk
Approved by Finance:
CITY OF KENAI
RESOLUTION NO. 79-123
A RESOLUTION OF TIlE COUNCIL OF TIIE CITY OF KENAI, ALASKA
AUTHORIZING THE PURCHASE OF A CERTAIN USED FOUR WHEEL DRIVE
PICK-UP FOR USE BY THE AIRPORT OPERATIONS OFFICER.
WHEREAS, the airport land administration 1979-80 budget
includes the purchase of a vehicle, and
WHEREAS, the amount in the budget precludes the purchase
of a new vehicle that is suitable for the City's need, and
WHEREAS, the administration has learned of the availability
of one particular used four wheel drive pick-up truck which,
having been inspected by the City shop, is in satisfactory
mechanical condition, and
WHEREAS, the price requested for said vehicle is especially
reasonable considering the blue book value attached to said
vehicle, and
WHEREAS, the City may purchase used equipment without the
necessity of going through competitive bidding process where
the equipment in question can be supplied by a single source,
NOW, T~EREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF KENAI, ALASKA that the purchase of one used pick-up described
as follows:
1977 Ford F150 4 x 4 pick-up
for the Airport Land Administration be authorized for purchase
under the exception of the competitive bidding requirements,
Section 7.15.050(2) for the total sum of $4,800.
PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASFJ% this
5th day of September, 1979.
ATTEST:
VINCENT O~ REILLY, MAYOR
Sue C. Peter, City Clerk
CITY OF KI!NAI
RESOLUTION NO. 79-124
RESOLUTION OF THE COUNCIL OF TIlE CITY OF KENAI, ALASKA, FOR
AI~ARDING Tile BID FOR PETROLEUM PRODUCTS TO VARIOUS COMPANIES.
WHEREAS, the City of Kenai solicited proposals for petroleum
products for the period of September 1, 1979 through
August 31, 1980, and
WHERAS, there were five proposals received, data attached,
and incorporated herein by reference.
NOI~, THEREFORE, BE IT RESOLVED by the Council o£ the City of
Kenai that the following awards be made.
ALASKA OIL SALES
blotor Oil
10/40
#40
#2O & ~30
Multi-machine oil
Automatic Trans. FI.
$2.99/gal.
2.54/gal.
2.54/gal.
2.10/gal.
2.94/gal.
2. DOYLE'S FUEL
#1 Stove Oil
#2 Diesel Oil
.75/gal.
.725/gal.
3. TESORO-ALASKA
Gear Lube
Solvent
Anti-freeze
Multi-motive grease
.4616/lb.
1.48/gal.
3,70/gal.
.5304/lb.
4. CHEVRON USA, INC.
Non-leaded gasoline
Regular gasoline
.792/gal.
,745/gal.
PASSED BY THE COUNCIL OF THE CITY OF KENAI this 5th day of
September, 1979.
ATTEST
VINCENT O'RHILI.Y, MAYOR
Sue C. Peter, City Clerk
I'I~TROI,I!IJb! BI DS
August 30, 1979, 10 a.m.
Kenai City Ilall
1
QUANTITY ESTI5IATE DESCRIPTION AK Oil Sales Altex Doyle's Fuel Tesoro Chevron
30,000 gallons Non-leaded gas .a27 .845 .792
30,000 gallons Regular Gasoline .805 .745
25,000 gallons #1 Stove Oil .839 .75
7,000 gallons #2 Diesel Fuel .799 .725 ....
1,400 gallons Motor Oil 2.69
10/40 SO0 gal. 2.99
#40 I00 gal. 2.54 ......
#20/#30 800 gal. 2.54
300 gallons ~Iulti-engine 0il 2.10 .... 2.26 --
800 pounds blulti-service gear .53 .4616
lube .....
400 gall~'n"s" Cleaning sol'vent ..... 1.48
55 gallons Auto Trans. Fluid 2.94 2.98
200 gallons Kerosene
500 gallons Anti- Freeze 4. $0 9.00 "'3.70
60 gal lons Degreaser "'
" 800"pounds Multi-motive grease .68" .5304
CITY OF KIiNAI
RESOLUTION NO. 79-125
A RESOLUTION OF TIlE COUNCIL OF TIIE CITY OF KENAI, ALASKA, FOR
AI{ARDING THE BID FOR 5,000 c.y. OF (;RAVEl, TO BOB BORGAN.
WHEREAS, the Public Works Department and the Parks antl Recreation
Department solicited bids for gravel for repairs and maintenance
of City streets and the Airport and development of trails next to
the Oilers Ball Park, and
WHEREAS, the following bids were received,
Bidder
Total Bid Price
Jackson and Garland
$16,000
Better Concrete Products
15,650
H.I.M. Const. ~ Rentals
15,090
and
Hobby Excavating
Bob Borgan
14,400
13,720
WHEREAS, Bob Borgan's Bid is the lowest responsible bid.
NO~, THEREFORE, BE IT RESOLVED by the Council of the City of Kenai,
Alaska, that Bob Borgan be awarded the contract to furnish and
deliver 2,000 c.y. of gravel at $4.49/c.y. and 1,000 c.y. of gravel
at $4.74/c.y. for a Total Bid Price of $13,720.
PASSED BY THE COUNCIL OF TIIE CITY OF KENAI this Sth day of
September, 1979.
VINCEN~ O'REILLY, ~YOR
ATTEST
Sue C. Peter, City ~ler'k
GRAVI!I, P, I I)S
August 30, 1:)79, 2 1).m.
Kenai City llall
2,000 c.y. for I).1~'. De. pt .... 1,009 c.y. for Parks/.Rgf...'
B I DDI';RS TOTAI, 1', I D PR i Eli
Unit Bid Bid Price Unit Bid Price Bid Price
........ ' ''' '' ...................... IIIIII I
CITY O1: KENAI
RESOLUTION NO. 79-126
A RESOLUTION OF TIlE COUNCIL OF TIlE CITY OF KENAI, ALASKA,
D'IRECTING TIlE PUBLIC WORKS DEPARTMENT TO INSTALL WATER AND
SEWER SERVICE LINES TO GOVERNMENT LOT 7, SECTION 5, ORIGINAL
TOWNSITE.
WHEREAS, in the 1964 water and sewer special assessment district,
the above-mentioned property was assessed for more footage of
water and sewer lines adjacent to their property than were
actually installed, and
WHEREAS, the owners of the property, Elsie and Norris Cresswell,
have paid for the assessments by issuing a right-of-way through
their property to the City, and
WHEREAS, the City Council deems that an error has been made, and
that the City should install water and sewer lines to the
above-mentioned property line as restitution to the Cresswells.
NON, THEREFORE, BE IT RESOLVED by the Council of the City of
Kenai, Alaska that the City's Public fforks Department be
directed to install water and sewer service lines (the size to
be 3/4 inches and 4 inches, respectively) to the property line
of government Lot 7, Section 5, Original Townsite. It shall be
noted that this direction does not relieve the owners of their
obligation to pay hook-up fees. It is also understood that by
installing these service lines that the City relieves itself
of any and all obligations concerning this error.
PASSED BY THE COUNCIL OF TIlE CITY OF KENAI this 5th day of
September, 1979.
V'fNCENT O'RE'ILLY, MAYOR
I
ATTEST
gue C. Peter, g'itY'C'i'e'rk
CH2M
: HILL
engint,ers
pi,mm,rs.
{'C011¢)1111.~[S
City of Kenai
P. O. Box 580
Kenai, AK 99611
ATTN.. Mr. Charles Brown
Acting City Manager
Anchorage Office
310 K Street, Suite 602 Anchorage. Alaska 99501
907/279-6491
Date 17 August 1979
Job No. Kl1865.A3
Client Ref. No.
Invoice No. 9888
STATEMENT
For professional services t~trough 24 July 1979, regarding airL0ort se=vices
during construction.
Professional Services
Name Rate Hours Extension
V. G. Sterling $59.50 j 4 $ 238.00~
J. D. Doran 51.00 j 56 2,856.00
L. D. Leman 51.00/ 6 306.00
L. P. Abet 44.50J 133 5,918.50
Total Professional Services
$9,318.50
Expenses
Word Processing
Reproduction/Ittcrofilm
$4.4O
4.04
Total Expenses $ 8.44 ~
TOTAL J~4OUNT DUE ...................... $9,326.94
APPROWEID P~Y CiTY OF I(ENAI
CtTY MANAGER --- . , .... ~
WOR~
[ ~C:~" CLERK O~GINAL COPY T0 ---~J~~-~
DUE AND PAYABLE ON RECEI~ OF STATE AflGES, COMPUTED BY A "PERIODIC RATE" OF 1% PER MONTH, WHICH IS
AN ~NUAL PERCENTAGE RATE OF 12% (APPLIED TO THE PREVIOUS MONTH'S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT.
CH2M
' ' HILL
engineers
pldllll('rs.
(~('OllO1111.M.~
.~cientists
City of Kenai
BOX 580
Kenai, AK 99611
ATTN: Charles Brown
Acting CM
Anchorage Office
310 K Street, Suite 602 Anctmrage, Ak~ska 99501
9071270-6491
Date 16 August 1979
Job No. K11865.A1
Client Ref. No.
Invoice No. 9887
STATEMENT
For engineering services through 24 July 1979, regarding Kenai Aixport
Resurfa¢ing final design, preparation of additional drawings, and
specifications for slurry seal.
Professional Services - 100% complete $5,431.00
AMOUNT DUE ................. $5,431.00
DUE AND PAYABLE ON RECEIPT OF STATEMENT. FINANCE CHARGES, COMPUTED BY A "PERIODIC RATE" OF I% PER MONTH, WHICH IS
AN ANNUAL PERCENTAGE RATE OF 12% IAPPLIED TO THE PREVIOUS MONTH°S BALANCE AFTER DEDUCTING PAYMENTS AND CREDITS
FOR THE CURRENT MONTH), WILL BE CHARGED ON ALL PAST-DUE AMOUNTS UNLESS OTHERWISE PROVIDED BY LAW OR BY CONTRACT.
................ ~),.
G~o~O~z~n~ ~p ~otation~ ~ith the C~ty~ Generator
Overhead And Profit
~ Derleth "~ "' "'~O~OVA C4)/IF~EIJCTZO~i
· "~ ~US~Ii ICA
Vork above and ~yond the contract nu~t ~ dono on the gonerator~,
Bo ~ffect
La~rence Deride,,
Ronovnte Lift 3tat/ona~ Kernel, }lalker lone
GOI~OVA COIh,"TI~JCTIOII, BOX 9t/t, COI, BOTIIAt
COST OF wORK C~PLETED TO DATE UNDER ORIGINAL CONTRACT OtJLY
0
0
I
I 7,000o ,
15,782.
,
' 6,000.
.1),080°
18,500. '
60o.
?~OO0o
13,782o
1,~0Oo
6,000°
/
'7Z,052.1)
O
O
O
O
O
O
o
O
1,721 ~00 .- 1,?~1 O0
WINCE
CORTHEELL
EIRYSON
0ity of Eenai
P. 0. ~ox 580
~enai, Alaska
CONSULTING ENGIIMEOE~iS
SeF/cemb~r 5, 1979
79-9-5
,/ '
Attention: Keith Eornelis
Subject: ~odifieations to Sewage Pumping Stations
Dear ~r. Eornelis:
Several items on the final punch list off the subject project have not been
co~i:ected as of today. ~le reco~nend that the final payment request be approved.
The contractor should be paid aL~ but $1,000.00 of the contract amount with
the rest Being paid when the unfinished items are completed. The amount retained
exceeds the cost of completing the project.
The two items requiring further attention are:
L InstaLlation off a hinge in Lift Station
Installation of the inter£ocx in the transfer switch at Ltfft Ztation
If you have any questions please feel free to contact me.
°;ery truly y~urs,
~ilAiam L. Wilcox
c¢: ~mrdova Construction
BOX 1041 KEI~IAI,AL. ASKA 99611
TI[IS AGREEMENT entered into by and between the CITY OF
KENAI, a home-rule municipal corporation of the State of
Alaska, hereinafter referred to as "City" and SERGEANT
LONNIE KALAR of the Kenai Police Department, hereinafter
referred to as "Employee."
WHEREAS, Employee has been chosen to attend a three
month course of study at the F.B.I. Academy beginning
September 30, 1979 and ending December 14, 1979, and
WHEREAS, Employee meets the requirement of having been
a member of the Kenai Police Department for at least five
years, and
W}{EREAS, it is in the interest of the City that Employee
attends such course, provided Employee remains with the
Kenai Police Department, and
WHEREAS, to enable Employee to attend such course, City
will continue to pay Employee his regular monthly salary
subject to certain conditions.
NOW, THEREFORE, in consideration of the mutual promises
and benefits herein expressed, City and Employee agree as
follows:
1. City agrees to continue to pay Employee his regular
monthly salary of $2,280.58 during the period of his attendance
at the course and to continue in full force and effect, all
fringe benefits incident to his employment during such
period.
2. Employee contemplates as of the date hereof that he
will remain in the employ of City for at least two years
from December 14, 1979. City agrees that during such two
year period, it shall maintain and/or increase Employee's
salary and benefits at a rate commensurate with the salary
and benefits of other police supervisors of equal grade.
3. In the event Employee voluntarily resigns from the
Kenai Police Department within two years after December 14,
1979, Employee agrees ~o r~{mkurse City for all or a portion
of the salary and ben¢,.fits received by him (luring his attendance
at the FBI Academ~ in accordance with the following schedule:
If resignation occurs:
on or before 6/14/80
on or before 12/14/80
but after 6/14/80
on or before 6/14/81
but after 12/14/80
on or before 12/14/81
but after 6/14/81
after 12/14/81
Employee %:111 :)ay or forfeit:
$6,841.74 and 60 hrs. leave
$5,131.31 and 45 hrs. leave
$3,420.87 and 30 hrs. leave
$1,710.44 and 15 hrs. leave
$0 and 0 hours leave
IN WITNESS WIIEREOF the parties hereunto have set
their hands this · 2'~' day of ( ~,._~j .,,_,; <. , 1979.
CITY OF KENAI
By:
Acting City Manager
EMPLO. YEI~
LONNIE KALAR
AGREEMENT- Page 2
064193
'1~ PASq'IES to this Contract are the Alaska Dzpart:cent of Health aad
Social Sen'ices, Division of Corrections (hereafter referred to ,-.~ the
l~nt), ~md City of .. Kena'i (hereafter referrc~ to as the
City).
%;]gC~nK~S the Dep~'~r~n. ent is entering into this contract by direct ne~tia-
tion and not by competitive bids since this is a contract for ~ofessional
services; and "
;%A"-~RF&~ the City is %%~lling to undertmke the perfonmnce of tkis con~ract
under the terms and general provisions ,~ttachcd and nnde ~% part of this ~£ee-"
meat; ' and
1;~2'-~ the Dep~r~m.-:-nt 'bm.s the authority u~der AS 33.30.030 to enter into
this contract;
NO,~, therefore, ~he p~ti6s ~ree to the follc~,~ng:
1. ~]e City, at the rcquest of the Dcpnzlment, v;tll undert~4e the
fncarc~r-',tion of prisoners in the c::stodv or cont'~-ol of the L~ot..r~.,..~nt.
City will pro:'ide, maintain, staff rind aC'nhY:.stel' a pr.~so:l £:).cility for the
carceration of pYisone~ o~ t:,~ ~
vJded by the City will include qualirie[l personnel m~d will }~ ad~!uate to
m~d the protect[on of thep.n)],, ~ _c~.
2. 'i]~o City will provide -~ ..... ~'- ~ith ;v],tqu;tte bnsic irz:.c!ic~ c:~re.
~sts of ~ced[cal crtre will be r~ ..... ~.~t .... d by ~,...nt, Ul:(m billing by the
City, except thc~e cc.~ts which will t~ consi,k-ccd ;~ ~:o~::::tlly incid~'ntal to
.4.
.!
or nu~ing care. If special or extensive m~llcal care is prescribed in situa-
tions not ~mth~g to ~ne~enct~ or ~nstituting ~u~ ]~m~liate threat ~ a
prisoner's health, the ~sts of such care will b3 reimbursed by %he ~p~;.nt
only %¥hen prior approval h~ b~en obt;zined frum the Direclor of the Di~o~
of Cor~ctio~ (here~ter refe':frcd to ~s the Dh'ector) e. nd ui~n billing by the
City.
3.
o£ prisoner:
The City will furnish separate qual~.ers for each of these clr-.~scs
adult m~%le, adult female, juvenile male, Juvenile fe~r~le. Ail
Juveniles %~-ill be_ detained in ccmpliance %~ffth AS 47.].0.130 so that they ~annot
cc~r~nic~.te %%ith or view adult prisoners:. Fc~rale prisoners %%.ffll be sup~'xdsed
in every instance by fc.~rale personnel, except in c~nergency situations.
4. The City v,ill, in the event a prisoner co:,~nits m] escape or ~
%tnl3:;¢ful evasion, tunder ~-S 11.30.0~0 or .C93, notify the D~rector a_nd the
State ?roopex~ ir~.~dtately, and m~/'~e every rem$onable effort to return t~e pri-
so.her to the facility.
5. ~he City %:,ill establish and maintain a ::~rk rel¢~se pro.grza for pri-
soners in ccepliance v,~th ~ 33.30.250 and the A],o~km A['~ninistrative Goc~.
confin~ of the facility :,.'i~houg the p~-io~' ;q)pro'.:,~.l o.£ th~- Di.rec~or, c;%~p, t for
tionp.1 stall,g, for the suf~xwi~.:io~% of pri:5oner o:1 npp~Dvcd projects out-~ide
the institution, %~ill he rei:~>u~;ed by the D2partmc. nt u~a a bill. i~g by ~e City.
6. ~e City will permit the facility to b2 jn:;p,.ct,;d at r:ny
ti~ze by the Dlrcctor or his de,;iSn:~e, to r.~sure cc~?!i:,nce %,Ath the teL;m; of
......... - ....... '~ --mill ]1 II1' '
lng to the operating of the facility, and make such records available for in-
spection by Department auditors.
7. The City will promulgate and submit rules of prisoner conduct to
the Director and post a copy in the facility. The City will comply with all
state statutes and regulations or requests made by the Commissioner of the
Department, or his designee, ~elating to the government, care, and treatment
of prisoners. However, if any statute enacted, regulation adopted, request
made subsequent to the signing of this contract increases the City's cost for
the incarceration of prisoners, then such additional cost will be reimbursed by
the Qepartment upon the prior written approval of the Director and a billing by
the City.
8. The City will not subject any person confined in its facility to dis-
crimination on any matter relating to his confinement on the grounds of race,
color, religion, national origin, or sex.
9. The City will save and hold harmless the Department from liability for
damages arising from the performance of this contract.
10. The Department will pay the City for services provided under this con-
tract on the first day of each quarter for that quarter in the amount of
$53~750.00 If the average prisoner day count for each cumulative
quarter does not equal or exceed seven (7) prisoners, the State has the right
to discontinue the contract. Any period of less than.a quarter of a year pay-
ment will be prorated accordingly.
11. The Department will make payment to the City on the receipt of a pro-
perly certified bill by the Department. Certification will consist of a
written statement by the officer in charge of the facility that the billed
amount is true and proper and that services have been rendered as required
by this contract. Monthly certified ~ills shall also contain the following:
(A) a listing of the name of the prisoner and the number of man-days
for both adult and juvenile prisoners; and
(B) a statement of reimburseable amounts due under paragraph 2, 5,
and 7.
12. The cost of special guard hire, when required to provide for the
custody of hospitalized prisoners, will be reimbursed by the Department. The
City will provide separate billings of these costs.
13. The Department will f~rnish transportation for all prisoners held
by the City under this contract.
14. This agreement will become effective ~).uly .l~ 1979 and continue
in force to JUNE 30~ 1980except that it may be terminated by either party
upon 60 days written notification. This agreement may be amended by agreement
of the parties.
15. Any additional provisions to be binding upon the parties will be
attached to this document as an appendix, and are incorporated into this contract.
IN ]¥ITN%'SS OF ~tlS AGf~,~.~q', tho_ undersi zned duly authorJ ~xl of f leers have
subscribc~i their n~ne on l~hali of tile I)_~par~;2nt ,~md the City, rc~pcctivcly, b~t
it is ex~pres$1y understood ~md a~rce~l that this contract shall not fy_- binding on
· e±ther party until it has b_~en £~nally approved ~nd si~,med by the D~part~;ent of
A¢~ministration, 8tare of A/~ea, under the authorfty of ~ 37.05.220.
City:
O£fi¢ial Title
L~te:
I~2par t.v~nt:
Recc6mended for Approval
Director, Division of Cvrrections
D~te:
D~p.~rt..~nt of Health & Social Se~ices
Approval:
Dzte:
St,~..te of A ! as'.-:a ~pproval:
D:p;:ri:>:nt of A-l:nini.%i ?at-:on
D.~te:
1. Q,.i;llificntio,l of Gt,ar_d
Si)~cial characteristics and r.~..lu~3'c:r,?nts the contractor should c0n-
s~der ~hen hiring gqneds to oversee the sec~i, ty ~d ~'ell-b~ing of
state l)ri~o~]crs in their ' '
ct:s,.oc,y are ns follows:
Prior v-,grk experience with the public or of a restY3nsible
nature that v. guld give itldications of good reputation, good
v~rk habits and reliabi].ity.
bo
I¢o person convict~,! 'of felony cri~.,;(s) or serious
(~.,,,.£e cri~r,~s against ?. per.~,on v-.~,re cc.r, mitted) will b.? c:~ployed
to gmard state prisoners.
2. Fire Safety_ ($.~3ke P~tection, :.Sttrcsses, F~g-~iation en ..... k~no)
3. .P~:/_si_cal Fa¢il i ties
Contract jarls v, ill provide i".~e fol!o'.~-i.:'.:; ~::::.~i¢ facility ~nd
ten~nce
:'-.'i tc'.',.'m ,.,,:~ 1 i t i.?.;, ui,.-!,:r o.,:,,rol of the cc. ntr;!ctor,
i.u:~.],:~:t tO {i,;::.lth z~,,t *'"" ' ---
.~,,:.;:..:l,.~ rc:q:~rcd by ':'~ - ;,','--'-i,':; ::l:u over:??_ thca:a arc?-~.
ql~e .iai 1 ~-' ', ' ,.-._.~a..t to '-,' ;°" "' iL-~.?-'-ct'''-on-
~..,:l.~tl.c$ '.;ill al~-3 !y., "~':,-,'
'b.
T~nperattwes within the living or recreation areas of the facility
must be kept in an acceptable cc~nfort r~nge during s~r~r, er or
winter. Natural mad, artificial l~ooht is rcfluired'.
Appro~rl,~te sani~tJ.on facilities will b~ lrm3Je available to
ensure cleanliness and acceptable he,%lth and safety standards.
Cleanliness and,health s,~fety ~]les should 1>~ posted ,qnd ommplic~
with.
FocwJ Service ' .."
Food services is one i~,port~nt ,~-~i~ct to prisoners in confine-Tent.
Food se~,'~s should satisfy the ];~sic daily nutrient ~'zquirc~r, ts
for In~vidu~ls in ~nfinc~nt.. ~ch pri~;oner sh~ll b~ served
t~ee nutritionmll~ ~dequ~te meals a day.
~dicml and D~ntal Services --(See attached mem0rz, ndum)
~uve~ile/~dult Separation .
No juvenil~ ray be kept in ihe sn:~.e cell ':,ith hny ad'alt. Efforts
shall ba made to keep juveniles out of the s~ght or hearing of adult
prisoners. . ...
C~neral Control and Supervision Fmquir¢~en~s
Poutine ins£~cfions' of all cells shall be conducted every 30
minutes to pro~c~t the safety ~mn'l ~velfare of prisoners. A
record of each inspection shall be logged Jn appropriate
records. Special attention shall be given to cells occupied
by persons jailed for into?.ic-.atlon 1o girard ngainst self-
infliction of, iaccid.?ntr~l o'r p~r~onal injury.
A record of all vJsi. tors shall ~. ~:2intainad indicating date,
%h:,; a,d identity of each vi:~itor.
Pro'oer. precautions sh,~.ll ]~? ~;:' ':;-;n to c.n::;;,i'e gh~ sa~e.'-:cepinM of
prq):+rty b~lon~ing to
Dr, Frederick l.lcGinnis
Deputy Commissioner
][ealtt~ and Social Services
~[tL~a.~.~ f~o.
rheo~,o~e A .... ala, ~,I.D..... ff s,,~.~tc~.
Division of Correction~
Dean J. 6uaneli'
June 29, 1979
Definition of "Routine
IJedica]. Care"
Assistant Attorney General
Department of L~w.. .
In tho context of correctional'health services, "routin~ medical
care" shall be defined as "in-house" services which can
be rehdered by the institutional health care staff
(e.g. physician, physician assistant, institutional nurses)
in-the institution itself and which do not require the
specialized attention of outside consultants.'
Examples of this care: a) routine physical-examinations;
b) drawing blood samples for serology tests;
c) routine medical screenings;
d) symptomatic treatment for minor
problems (eg colds);
e) routine TB screening.
Non-routine medical care includes all medical services
%vhich require the tr~,.nsp0rt of tho individual from the . -
correctional institution to a hospital, clinic or office of
.a medical specialist or professional. This also includes
th~ visit of a health profcss{onal to the correci..io~al
institution for the purpose of conducting medical or
diagnostic procedures' thnt ,~.re not usually, done by the
resident medical staff.
E.-:a:r, ples of this care: a) ho:~pitali~ations;
b) special dia;~no.~;ti.c proc~edures;
c) on-:~ito p.Gychi, atric c, valu?.tiuns;
d) visit:] to m,?dic:~l sl3ecialists' o£ficc:;;
e) .x-rays;
f) :;p¢.cial p,-,-..-:(:,-iption:; and ~.;e¢lical
August 21, 1979
City of Kenai
P. O. Box 580
Kenai, AK 99611
Re:
Vacation Proceedings (legal description of R.O.lq.)
Church Subdivision - Vacation 33 foot R.O.H.
To Whom It May Concern:
In accordance with AS 29.33.220, no vacation of a city street
may be made without the consent of the city council. This
vacation action has been tentatively approved by the Plat
Committee, therefore, it is being sent to you for your consid-
eration and action.
The council has 30 days from 8-20-79 in which to veto the
decision of the Plat Committee. If no veto is received by
the board within the 30 day period, the consent of the city
council shall be considered to have been given to the vacation.
Attached you will find a copy of the draft minutes of the Plat
Committee action as well as other related informational material.
Sincerely,
Planning Director
Attachments
P~:SA:gp
EXERPT
Kenai Penin:;ulll Borough Plat Committee
Augt~st 21), 1°~¢~.,
Item #1
VACATION 33 FOOT R.O.I¥.
TIlE STAFF ltl!PORT S'I'ATIil)
C IIU RL'I t S1J BI) T V I S 1 ON
LOCATED ~,'itbin tile City of Kenai.
Public notice was published in the August 9 and 16, 1979, issues
of the Peninsula Clarion advertising this public hearing being
held tonight. Notices of tile public hearing, a vicinity map and
a copy of the letter of petition ~ere sent to 7 interested
parties and/or property owners adjacent to or within 300 feet of
the petitioned area. Return receipts for 7 notices have been
received.
STAFF RECO~IENDATION: Approval subject to a plat being prepared
by an Alaska Registered Land Surveyor, approval of that plat by
the Plat Committee and filing of said plat in District Recorder's
Office.
Public Hearing
Chairman Jacobs opened the public hearing for the 33 foot R.O.~.
in the Church Subdivision.
There being no one present to present testimony the public hearing
was closed. -
MOTION
Commissioner Merkes, seconded by Overman moved for approval of
the vacation R.O.I~.
ACTION
~ith all in favor, motion carried.
CHURCH SUBDIVISION (PRIiLI~INARY)
LOCATION: City of Kenai
USE: Residential
SE~ER: City
NATER: City
STAFF RECO~IMENDATION: Approval subject to the following conditions:
1. Correct format/drafting errors:
a. Label township, range and the Kenai City Limits
within the vicinity map (20.12.060-f).
b. Provide an aliquot parts description ~ithin the
title block [20.12.O60-b).
2. Provide a 50 foot temporary turnaround at the north stub
end of the east 30 foot R.O.~. (20.20.200).
3. Name all R.O.i.'s as per the Kenai Peninsula Boroug~ Method
of Street Naming (20.20.210).
Keuai Peninsula Borollgh Plat Committee
August 20, 1979
Con t i ruled .....
4. Plat Com~nittee standard statements as set forth ~n Kenai
Peninsula Borough Planning Commission Resolution 78-6.
END OF STAFF REPORT
MOTION
Commissioner Overman, seconded by Thorne moved for approval subject
to staff recommendations.
ACTION
~ith all in favor, motion carried.
McLANE & ASSOCIATES, Inc.
R£GIGT£1~ED LAND I~URV£YORB
P.O. BOX 468 · PHONE 283-4218
SOLDOTNA. ALASKA eeeee
6/27/79
Phil Waring, Planninq Director
Kenai Peninsula Borough
Box 850
Soldotna, Alaska 99669
RE:
CtiURCH SUBDIVISION
(Preliminary and Vacation Request)
Dear Mr. Waring:
Enclosed you will find copies of the above mentioned preliminary Plan.
This proposed subdivision and vacation request is located in the City
of Kenai. It consists of 5 lots the smallest of which contains IO,O00SF.
City utilities are to be utilized. I plan to develop these lots for
residential purposes.
Due to the bluff location the 33 ft. R/W of record serves no valid
purpose when it comes to access in this area, therefore we request
that it be vacated.
I hereby request that you initiate such action necessary for the approval
of this preliminary plan and vacation request.
I request that a certificate of paid taxes be provided upon request.
Enclosed you will find a check to cover the various filing and
advertisement fees.
Sincerely,
t/alt Church, owner
P.S. City water and sewer will be utilized which is available on 4th
Avenue.
YENINSULA CLARION
Pub~ic Notice
Notice is hereby given that petition has been received on
July 16, 1979, to vacate the thirtythree (33) foot wide
public access road and utility easement along the west
boundary of Government Lot 36, Township Six North, Range
Eleven West, Seward Meridian. Said reservation as outlined
in the State of Alaska Patent No. 3985, recorded in the
Eenat Recording District on October ll, 1978, Book 133,
Pages 772 and 773. Also as shown on the propose~ subdivision
of Church Subdivision.
Public hearing on this petition will be held by the Kenai
Peninshla' Borough Plat Committee at its scheduled meeting,
MonSay, August 20, 1979, which commences at 7:30 p.m.,
Borough Administration Building, Soldotna, Alaska.
Anyone wishing to present testimony concerning this petition
should do so at this public hearing or submit written state-
ments to the Eenai Peninsula Borough Planning Department,
P. O. Box 850, Soldotna, Alaska 99669, to be received no
later than August 20, 1979.
PHILIP WARING
Planning Director
Publish 2X (August 9 and 16, 1979).
RI~IIT OF ~AY
FOR AND IN CONSII)ERATgON of the sum of One Dollar (~I.00) and otiser'
good and vsiuable consideration to the undersigned ia hand paid, the
receipt whereof is hereby acknowledged, the undersigned, grantor herein,
does hereby grant to UNION OIL COHPANY OF CALIFORNIA, a Corporation,
grantee herein, its successors or assigns, the right of way, frotm time
to time, to lay, construct, maintals, operate, repair, alter, change the
size and number of and remove n pipe line or pipe lines, and appurtenance
thereof, for the transportation of oil, gas, water and other substances,
with the right of ingress and egress to sad from the same, over, through,
under sod ales8 that certain parcel of land, insofar aa the interests of
the grantor extend therein, situated in the genai Recording District,
State of Alaska, described as follows, to-vit:
a strip of land tea feet (10') in width; located in Section 32,
Township 6 North, Range II ~/eat, and Section 5, Township 5 North,
Range ii t/est,, all ia the gerard liertdian, City of Kenai, Kenai
Recording I)ist~ict, Alaska; lying five feet (5) on each side of a
center line described as follows:
Commencing fro~ the Southwest corner of Section 32, Township 6
North~ Range II 14est, Seward Heridian, proceed North along the vest
line of Section 32, a distant~' of 23 feet to a point on the 20" gas
pipe line the true ~lnt of b~inning and ~in~ I of this description,
h~ce ~ 74° 57' ~ 573.7 ft. to point 2, h~ce g 89° 58' g 815.3
to point 3 the begi~tng of a tangent curve whose cen~er ~rs
~rt~est a~ central angle Is 32° 19' 6~", h~ce along a curve
vhose radius is 216.6 ft. im a ~ortheasterty directl~ for a distance
of 122.2 ft. to end of curve and point ~, hence ~ 57° 38~ 16" g
183.6 ft. to point 5, hence ~ 6~° 12' 30" g 220.0 ft. to point 6,
h~ce N 61° 12~ 30n E 60.0 ft. to point 7 the beginning of n tangent
curve vhose center b~rs Southeast and central angle Is 57° 33~
O2", hence along a curve ~'hose radtu~ is 36t.17 ft. in a gor~heastorly
direction for a distance of 365.79 ft. to ~lnt 8 and the ~d of
the curve, hence S 61° Il~ 30" E 14~.O ft. more or less to point
vbteh ts also on the center line of ~I11o'~ Street and the end of
this description.
Notwithstanding anything to the contrary contaim~t herein~ grantee,
its successors or assign, at its sole cost, shall remove. 8bandou. or
relocate any pipeline vithin said right bf way hereinabove described,
within six (6) months after receipt of ~rlttnn notice from grantor to do
so. Crantee, its successors or assigns, shall restore the right of way
surface to its condition launediately prior to such removal or relocatioa.
The grantee, its successors~ assigns, agents and contractors shall
have and hereby are granted the temporary right to use and occupy land
to the extent necessary paralleling the aforesaid right of way strip
from time to time during the period or periods of construction, reeonstruc~
tion~ repair, alteration, maintenance, operation or re~oval of said
pipe line or lines to provide an area upon which to work and to store
machinery, equipment, excavated and other materials and supplies; together
with the right to remove trees, shrubs and other growth thereon, subject
to payment for loss of or damage to such improvements as provided herein.
Said right, however~ is conditioned upon grantee obtaining and qualifying
for a street excavation permit from the City (ordinance &79-79) for
excavations performed in any street or public right of way and grantee '~..
shall abide by any other applicable municipal ordinance nov or hereinafter .
in effect.
Grantor shall have the right to use said premises for purposes not
inconsistent with the rights hereby granted, provided that grantor shall
not construct or permit the construction of any building or other structures
within said right of way strip and shall abide by all applicable ordinances
nov or hereinafter in effect.
The grantee shall pay any damages which may arise or result from
its laying, constructing, maintaining, operating or removing said pipe
lines; and shall hold grantor, its officers and e~ployees harmless from
any liability including reasonable legal costs and fees resulting from
any alleged or real injury or damage resulting therefrom.
Said pipelines, may, insofar as the interests of ,the grantor
extend therein, be laid along and across adjacent roads and streets
except that all ordinances pertaining hereto (as the street excavation
ordinance) no~ or hereinafter in effect shall be complied with and all
fees charged thereby paid. ~,
The top of said pipelines shall be buried to a depth of at lea~;t
thirty inches (30") below'the surface of. the ground.
This agreement and grant of right of way shall be binding upon all
of the parties hereto, their heirs, successors and assigns.
IN IilTNESS ~IEREOF, these presents are hereby signed this 31st day
of Auguat~ 1979.
CFrY OF KENAI
UI~tlON OIL CO,~PANY OF CALIFOIU~IA
/
us~ S~A~F,S oF ~urz~c~
) ss.
STATE OF ALASKA )
On this 31st day of Au§ustt 1978, before me, the undersignedt a lqotnry
Public in and for the State of Alaska, personally appeared
ANDERSON, known to me to be the person whose name is s~bscribed to the
within ~ns~rs~ent~ ~s the Attorney-in-Fact of ~IO~ OIL ~.~ OF
~IF~ a~ ac~o~$~ to me that he subscrib~ the ~
O~L CO~ O~ C~I~IA thereto ~ principal end his ~
~S ~F ~ a~ offic~l sea~.
N~ary ~bltc inland for the State of Alas~
Hf eomission expires: Yebr~ry 15~ 1~83
August 31, 1979
~\'
MEblO
CITY OF KENA!
¥
P. O. BOX 580 KENAI, ALASKA 9961 i
TELEPHONE 283 · 753S
TO:
FROM:
SUBJECT:
Council of the City of Kenai
Keith Kornelis, Director of Public Works
~hat's Happening Report for City Council Meeting
September 5, 1979
AIRPORT ~AY - MATER, SE~ER AND STREET
All major portions of this project have been completed. There has
been a pre-final inspection by the project engineer. PR~S are
going to complete the items on the pre-inspection final and then
the City's project engineer and the contractor will conduct a final
inspection on this project.
1979 IMPROVEMENTS KENAI MUNICIPAL AIRPORT
This project has been completed. There are a few minor finance
problems that would be better explained by the Finance Director
and Acting City Manager. These minor problems are simply a matter
of timing. The Contractor has asked for a 10 percent retainage
on the project. FAA has verbally assured us that there will be
no problem with up to a 10 percent overrun.' There is an Ordinance
before Council this upcoming meeting to appropriate the money for
payment of this 10 percent retainage to the contractor but
the bill cannot be paid until after the next
meeting.
RENOVATION OF ~ELL HOUSE 101
Rockford Corporation has been working on ~ell House 101. ~ildwood
Construction has completed the tie-in and has tested the lines
between $~ell House 101 and the water main. City Electric has
amount of work to be done inside the ~ell House.
What's tlappening Report
Page 2
August 31, 1979
KENAI SPUR I~ATER Bt~IN
Final inspection for this project has been set for today, August 31,
at 2 p.m. The project is complete and looks as though there will
be no problems with the final inspection. Fortunately, Wildwood
has not submitted the final pay estimate; therefore, final payment
will be at the next Council meeting.
MODIFICATIONS TO LIFT STATIONS
Cordova Construction has completed this project. They have submitted
Change Order No. 4 which is a decrease in contract price. The
original contract called for the contractor to synchronize the pump
rotations with the City's standby generator. When the contractor
went to synchronize the pumps, he discovered that the City's standby
generator had too high a voltage and was rather large for the
operation of these lift stations. We investigated at that time
the possibility of a step-down transformer and switch gear so that
the generator could be used. Unfortunately, the cost to make these
modifications was well over $2,000 which is actually too much money
to put into the old standby generator. Cordova Construction has
refused to add such a change order to the contract. Since the
Contractor is no longer required to synchronize the pump rotation,
Change Order No. 4 was requested which will reduce the contract
by $421.87. Final inspection for this project has been set for
today, August 31, at 3:30 p.m.
INSTALLATION OF STREET SIGNS
Tolchina Excavating has been working on the installation of street
signs throughout the City. Unfortunately, they did not receive all
the streets signs and therefore some areas have sign posts up onl~
and they will be returning at a later date and putting them up.
There have been some requests for changes in the signs. We have
been carefully logging every request for changes in the signing. Those
changes that are apparent have been corrected. Next week we will be
meeting with the contractor to discuss each sign location and determine
what further changes have to be made. As I mentioned earlier,
changing the signs is a relatively easy project-just loosen four
allen bolts to slip the signs in and out and then the signs will have
to be made up.
BIDS ON PETROLEUM PRODUCTS
~e received five bids on the petroleum products. The Resolution is
included in the packet for Council approval and awarding of contract.
KENAI GRAVEL BIDS
We received bids from five companies for gravel for the City of Kenai
on August 50, at 2 p.m. The apparent low bidder on the gravel is
Bob Borgan. There is a Resolution before Council this upcoming meeting
awarding the gravel purchase to Bob Borgan.
What's tlappening Report
Page 3
August 31, 1979
CHLORINE LEAK AT WELl, IIOUSE No. 2
There has been a bad chlorine leak in Well House No. 2. This
leak has done quite a bit of damage to the Well tlouse. A total
of four bottles leaked inside the chlorine storage room at the
Well House. These leaks were apparently caused by faulty chlorine
cylinders. Three of the bottles had never been used and still
had protective caps on the tops. There were stored inside the
room which had no excessive heat and there was no apparent sign
of damage to any of the bottles. Our insurance company has contacted
an adjuster who has come to Kenai and has done some investigation
concerning the matter. At this time, he verbally mentioned that
he can see no reason why the City cannot obtain the necessary
funds to repair the items in the l~ell House from+~anufacturer or
the people who purebred the chlorine cylinder~ We have
spent some money at this time in getting the Well House into
operational service since it is our only Well House that can be
operated at this time. Chlorine gas is very corrosive and forms
hydrochloric acid which will eat away metal surfaces. It is
conceivable that there could be around $20,000 worth of damage
to the Well House. All purchase orders and items that I have
spent in getting this Well into operation have been marked. The
City Attorney and Finanace Director/Acting City Manager are both
aware of the problem.
WATER AND SEWER CREW
The water and sewer crew has been busy this summer and have a few
items that need to be done before freeze up. These items include
raising manholes on ~alker Lane, running the Animal Control's
sewer line out to ~illow, repair work at Well House No. 2 caused
by the chlorine leak, running water and sewer lines to the
Cresswells, repair of the fire hydrant behind the ltigh School,
install a drain line out from the underground pump house, and
put up fire hydrant and valve markers. The fire hydrant behind
the High School is extremely deep with the high water table
which indicates plenty of running sand. I have ordered parts
that I feel might be necessary for repairing this hydrant and
what I suspect may be a water line break in that area. This hydrant
has been in this state for over four years and does need to be
repaired.
MISCELLANEOUS ITEMS
There has been an inquiry, for lease lot located behind the B ~ C
building. This lot has,very low power and communication cable
running overhead. I have contacted HEA for a cost estimate for
a relocation of this line. The estimate is over $13.000. Flight
Service was also contacted concerning the relocation of their
communication cables. They have yet not replied concerning costs.
Ilhat's ltappening Report
Page 4
August 31, 1979
EPA's annual inspection of our Sewer Treatment Plant has been
conducted and the results have been excellent with verbal statements
from EPA saying that our plant is one of the best in the State.
I am certain that we wilI be getting a written report within the
next month or so.
l~e have received the final inspection report on the Airport Paving
Project from CH2M ltill. IYe have also received the final Septage
Disposal for the Kenai-Soldotna area. a report done by CH2M
for the City of Kenai.
A DISCUSSION ITEM ON llILLOlt STREET LUMINATION
Bids were received for reconstruction of ~illow Street by the
Alaska Department of Transportation on August 23, 1979. The
apparent iow bidder on the project was Quality Asphalt Paving at
a cost of $910,552. The engineer's estimate was $915,723.50.
The ~illow Street Lumination was bid separately. The Engineer's
estimate was $135,000 which was the amount of money the City of
Kenai had budgeted for the project. The actual bid price came
in at $200,000. The head of the engineering for the Department
of Transporcation said that the bids on electrical work are coming
in relatively high at this time. He suggested the possibility of
not awarding the project at this time except for'placing conduit
under the road and then going back and bidding the project in the
late fall. He stated that Kenai would have to fund the $22,000 to
$25,000 to put the conduit in. I explained to him that it was
my understanding that DOT had originally planned to place conduit
under the roadway for future lumination prior to the City of Kenai
stating that the City wanted to do its own lighting with its.own
funds. I am sure that during DOT's presentation hearing they had
included conduit for future under the roadway traffic signal where
~illow joins the Spur. I may have be mistaken but believe that
they had included conduit for future lumination. This will be
checked on along with the possibility of State funding. I had
written a letter to DOT concerning my displeasure that we had not
received the final set of plans and specifications and that the
construction could leave ~illow torn up for this winter and spring
break up. He stated that the contractor does not have to maintain
~illow ali winter but does have to put it into maintenance shape.
This could still be a problem especially during breakup and I
requested that he contact me prior to thc pre-construction conference
so that I could attend and ask questions and make our concerng known.
lie will contact me when the date is set.
CH2M Hill has been working on the design stage of the Sewer Treatment
Plant. lye have obtained some plans and submittals from ~ince,
Corthell, Bryson, and Freas who are the original designers of our
present Sewer Treatment Plant.
KK/jet
DEPARTMENT OF TRANSPORTATION AND I'UBLIC FACILITIES /
HIGHWAYS DESIGN A/~D CONSTRUCTION C~AFI'RALREGION /
August 29, 1979
lAY $. HA¥¥ONfl.
4 ! 11 A VIA TION A VENUE
POUCH 6900
ANCHORAGE, ALASKA 99602
(TELEX
245C-2532
Project SOS-l(019)
Willow Street, Kenai
Mr. Keith Kornelis, Director
Department of Public Works
City of Kenai
P.O. Box 580
Kenai, Alaska 99611
Dear Mr. Kornelis:
i~,¢.oT OF I~11e3%""' ''
Transmitted herewith are the Willow Street plans and special
provisions.
It is uncertain if the contractor will begin work this season.
The contract award has not been made; however, the apparent low
bidder is Quality Asphalt.
Contract provisions require that winter maintenance will not be
performed by the contractor. Prior to the project being accepted
for winter maintenance, an inspection will be conducted to assure
maintainability of the project. Our Project Engineer will contact
your office prior to this inspection and you will be afforded the
opportunity to participate and comment.
If you have any additional questions, you may contact our Project
Engineer. We have tentatively assigned Leroy Godes as Project
Engineer. The project office will be established when the con-
tractor begins work. Until then, you may call the Regional
Construction Office in Anchorage at 266-1533.
'-~Rdwe D. Redick Central Regional
Highway Engineering Chief
Enclosures as stated.
2EA-T16LH
CITY OF KENAI
P, O, BOX 580 KENAI, AtASKA 99611
TELEPHONE 283 · 753S
MEMORANDUM
TO: Honorable Mayor & Members of City Council
FROM: Councilman Abet, Chairman
Ad Hoc Committee for review of City ~.~anager Applicants
DATE: August 31. 1979
At the Mayor's request, there will be a work session of the City Council, Tuesday,
September' 4th at 7:00 p.m. in the Public Safety Building. The purpose of the
work session will to have an up-date from the City Attorney relative to the status
of the suit against the City on release of the applicants resumes and, forther, for
Council to set a schedule for continuation of interviewing the applicants. Discussion
will also include Council direction on verification of the applicant's references and
other pertinent details involved in the final selection process.
Please advise the City Clerk if you are unable to attend.
Thank you.
CITY OF KENAI
¥
P. O. BOX $80 KENAI, ALASKA 9961
TELEPHONE 283 - 7535
August 29, 1979
TO: Kenai City Council
FROM: Charles A. Brown
Finance Director
I have received two letters from FAA. One concerns the grant increase
we requested on the runway paving project and the other concerns pre-
applications for snow removal equipment and warm storage.
a. Request for grant increase:
Their letter indicates that they will not give an increase until
final request for grant payment and an audit have been received.
For our purposes, I need a grant increase first in order to in-
crease our budget, which in turn will allow me to make final pay-
ments on the project so that I can ask for final grant payment.
It's a catch-22 situation. I called FAA and they have verbally
told me that we will get a grant increase for what we need for
overruns up to a maximum of 10% of their grant. I believe we have
a contractual obligation to pay the Norcon bill. I believe I have
enough evidence to write an appropriating ordinance (which I have),
but the council should recognize that the actual FAA grant increase
may not take place.
b. Request for warm storage:
Their letter says that the city should have the shop building app-
raised and we then need to transfer from general fund to the land
system an amount equal to 62½% of the existing fair market value.
I called Paul Larson of FAA, who says FAA will not grant us ADAP
funds for warm storage until we do this. I have an appraisal
dateo Oct. 12, 19/8 from Vern Frykholm setting the current value
of the original building at $60,000. This means, if this appraisal
is accepted by FAA and the city council, that we will need to
transfer $37,500 (.625 X $60,000) from the general fund to the
land system. At this time, I still do not have word from FAA
that they will approve the appraisal. Preliminary discussion
indicates they will. I have written an ordinance for introduction
to appropriate the money to transfer.
The State of Alaska has received bids to put luminaries on Willow Street.
The low bid is $200,000. We had figured on it costing S135,000. Ord-
inance No. 507-79 appropriated $75,000 of street bond monies and des-
ignated $60,000 of LSR&T monies to the project. This means we would
need another $65,000. Below is a recap of funding available:
Page 2
Kenai City Council
August 29, 1979
Total LSR&T Funds
Designated by Ord. #507-79
LSR&T Fund Available
Bond Funds available ~ 8-28-79
Total available
Need
Short Fall
$66,958
(60,000)
$ 6,958
44,762
(65,000)
$(13,280)
The only other source of monies would be the general fund capital im-
provement reserve which has $400,000 in it at June 30, 1979. However,
this reserve has been informally earmarked for the new city hall. And
note that an ordinance for introduction at this council meeting taps
the reserve for $37,500 to buy the shop. The State says that the bid is
too high. The city administration suggests that the project be dropped.
While we still do not have a final figure for the population of Kenai
per the latest census, I have a preliminary count of 4,421 as of
July 10, 1979. Indication is that Bureau of Census believes this count
is "substantially correct" and will not change very much. The count
per the last census at April l, 1978 was 4,374. This is an increase
of only 47 persons.
CAB:Jw
LEGAL MEMORANDUM
From: Legal Department
Requested by Councilwoman Glick
QUESTION PRESENTED: DID THE CITY COUNCIL ACT ILLEGALLY IN
RECONSIDERING THE "MUKLUK" MATTER AT THE AUGUST 15, 1979
MEETING IN THAT IT FAILED TO FOLLOW PARLIAMENTARY PROCEDURES
ADOPTED BY ORDINANCE IN THE FOLLOWING RESPECTS?
1. Can a motion to reconsider be entertained only on
the same day or next calendar day of the meeting in which
the original motion was passed?
2. After the motion to reconsider has been successfully
voted upon, can the reconsidered question be divided for the
reconsidered vote?
ANSWER:
1. Section 13, page 156 of Robert's Rules of Order,
75th Edition (copyright 1951) states that a motion to
reconsider can only be made on the day the vote to be
reconsidered was taken or the next succeeding day, a legal
holiday or recess not being counted as a day. Robert's Rules of
Order, newly revised, copyright 1970 states on page 266,
section 36:
"In a session of one day - such as an ordinary meeting
of a club or one-day convention-the motion to reconsider
can be made only on the same day the vote to be reconsidered
was taken. In a convention or session of more than one
day, a reconsideration can be moved only on the same or
the next succeeding day after the original vote was
taken (not counting a legal holiday or a day on which
no business meeting is held)."
The Kenai Code, Section 1.15.120(2) states:
"In all matters of parliamentary procedure not covered
by these rules, Robert's Rules of Order as revised at
the time of the passage of this chapter shall be
applicable and govern." (1960)
The Kenai Code also adopts rules of order in addition to or
supplementary to the Robert's Rules of Order. Where a
conflict exists between Robert's Rules and the rules promulgated
by the Code, the latter would prevail. (See Section 1.15.120(2)
above).
Section 1.15.060 (7) states:
"When a vote has been taken, any member who voted on
the prevailing side may move a reconsideration thereof
at the same meeting immediately after the announcement
of such vote, or at the next succeedin~ meetinq whenever
motions are in order, provided that the subject matter
has not passed out of the control of the Council."
(emphasis added)
As the above provision of the Kenai Code points out, Robert's
Rules of Order has been amended by ordinance to allow for a
motion for reconsideration to be considered at the very next
Council meeting.
Therefore the motion to reconsider the "Mukluk" matter
originally posed at the August 1st meeting and reconsidered
at the meeting of August 15th was not illegal in being in
violation of the Kenai Code.
2. DID THE COUNCIL ACT ILLEGALLY IN DIVIDING THE
QUESTION ONCE THE MOTION FOR RECONSIDERATION PASSED?
Robert's Rules of Order, 76th Edition, page 163, states:
"If the motion to reconsider is adopted, the business
is in exactly the same condition it was in before
taking the vote or the votes, that have been recon-
sidered, and the chair instantly states the question on
the immediately pending question, which is then
to debate and amendment as before. (emphasis added)
Robert's Rules of Order, newly revised, copyright 1971
edition page 274 section 36 states=
"The effect of the adoption of the motion to reconsider
is immediately to place before the assembly again the
question on which the vote is to be reconsidered-in the
exact position it occupied the moment before it was
voted on originally."
Since according to Robert's Rules of Order the effect of
the adoption of the motion to reconsider places that question
in the exact same position as that motion was stated before,
then that motion may be subject to amendment just as if it
were originally presented. On page 13 of the verbatim
Council meeting of August 15, 1979, Councilman Bailie called
for the division of the question which the chair put to a
vote in the form of a motion, which motion was passed by the
Council at the conclusion of debate on the reconsidered
question.
It should be noted that according to the Kenai Code Sec.
1.15.060(11) and Robert's Rules (1971 p. 232)the division
of the question can simply be made by demand of a single
council member (rather than by motion) where the sense of the
motion calls for such a division, as was the case here.
However, even if treated as a motion, according to Robert's
Rules (1971 edition) the motion to divide the question can
be applied to main motions as it was done here after debate
on the main had terminated.
Therefore, it is the opinion of this department that the
City Council's actions in dividing the question was not illegal
as a violation of city ordinance.
Respectfully submitted,
City Attorney
DEPARTMENT OF TRANSPORTATION
FEDERAL AVIATION ADMINISTRATION
ALASKAN REGION
P.O. 8ox ;4
701 C STREET
ANCHORAGE. ALASKA 995~3
August 29, 1979
Mr. Charles A. Brown
Acttug City Manager
City of Kenai
P.O. Box 580
Xenai, Alaska 99611
Kenai Airport
ADAP No. 6-02-0142-04 & 05
Dear Mr. Brown:
lle have received and approved as-built plans for the Kenai Airport
reconstruction project. We consider this to be one of the more difficult
runway reconstruction projects. Your consulting engineer, CHuM Hill did
an excellent Job of design and construction supervision of th~ project.
Also, the contractor, Norcon, Inc., accomplished the construction in a
ver~ professional manner.
Sincerely,
Chief, Engineering Branch
Airports Division
Mrs. Quelletee
Bob Olsen
Jane Mishou
'~l~ion Oberts
Buz Wiley
Jane Mishou
Mrs. Ouelletee
Frank Konte
Jim Medcoff
'Do-I Confer
Bob Olsen
DATE
RECEIVED
7/3/79
7/3/79
7/5/79
7/12/79
7/16/79
7/17/79
7/19/79
7/19/79
7/25/79
7/31/79'
CITY OF KENAI
CITIZEN PETITION MONTHLY REPORT
DATE INVEST,
SERVICE REqUeStED COMPLETED
Eagle Rock needs oiling.
Nevada Street nedds oil.
~eed signs put up - slow, children
road going into Deepwood Manor.
Glacier has done some work and left
a large hole in front of building.
Dogwood needs to be graded.
She noted that signs were put up ·
on Lawton but needs one in. Ueepwood.
Eagle Rock Road needs to be oiled.
Garbage and rubbish around trailers.
Road going into Calvary Church needs
grading.
Htghbush, Bumblebee, Davidson need
to be graded.
Nevada Street needs to be graded.
7/19/7~
7/S/79
7/12/79
7/23/79
7/17/79
7/19/79
7/Z0/7~ '
7/Z~/79
?/tl/7~
DATE
CITIZEN
NOTIFIED
DEPARTMENTAL REPORT
Street has been oiled.
Will.be oiled as soon ~ po~sibl
Put up 2 signs-one on Tinker and
one on Lawton Drive.
Glacier is sti'll working on this
project.
Street biaded.
The City does not maintain
Deepwood.
Street has been oiled.
All.garbage cleaned bp.
Street bladed.
Streets blided.
Street graded.
ot .
geith Dedrick
Ray Tauriainen
Al Beaslcy
darry Barnes
Sue Tolladay
Mary Stbley
Mrs, Hol¢ombe'
Dennis Bransom
Karen Bennett
Perry Paulson
~-- Hildabrandt
Donna ~estover
Bill Thompson
Jo Corm
Robert Falo
Manager/Oeepwood
Anna Bullock
DATE
RECEIVED
7/4/79
7/6/79
7/b/79
7/9/79
7/9/79
7/0/79
7/12/70
7/16/79
7/17/79
7/17/79
7/18/79
7/18/79
7/18/79
7/18~79
·7/18/79
7/18/79
7/18/79
SERVICE REQUESTED
Lost Dog - Germ, Shep.
Lost Redoubt, black dog,
gost 3-month puppy-female/Wildwood
Lost Golden Lab-male-btw. Sold. ~ Kenai
Doberman chases her when she jogs
CITY OF KENAI
CITIZEN PETITION ~ONI'HLY REPORT
DATE INVEST.
C03IPLETED
7/1o/79
7/6/79
7/'0/79
7/9/79
7/9/79
Lost Chesapeake Female/ Birch Dr.. .7/9/79
Lost male cat in Highland 'Trailer Park 7/12/79
Lost Husky nix- Port of Kenai 7/16/79
Stray Dogs in Yard 7/17/79
St, Bernard loose in area. '7/17/79
Deepwood Park '
Found small black dog ~ can't keep. , .7/19/79
Found abandoned dog. · 7/19/79
Lost Gray Tiger male-Beaver Loop 7/18/79
Los,t Cat - downtown area 7/18/79
Lost Golden Lab - Strawberry 7/?/79
Stray dog needs to be picked up, 7/18/79
Dog howling and keeping children 7/18/79
awake, Central Heights, . ,.
DATE
CITIZEN
NOTIFIED
DEPART~IENTAL REPORT
l:ound
Lost. Dog File ;
Lost Dog File.
Lost Dog File
Patrol the area, contacted peDal
but didn't have a dog, picked up
dog on l~th.
Lost Dog File.
Lost Dog file
Lost Dog File
Patrolled area.
Could not find dog.
Picked up dog -'
Picked up dog ~;'.
'Lost Animal File. ::"
Lost Animal File :~'
Found.
Still Could 'not find .dog.
Contacted Nfs. Bullock
DATE
RECEIVED
Gladys Parazo 7/19/79
Lee Le~is 7/19/79
Cathy Unkie 7/19/79
Elizabeth 7/24/79
Johnson
Norma Caas 7/24/79
Denise Mitchell 7/25/79
Jeanne 7/25/79
Juanita O'Brien 7/25/79
Theresa FIoyd 7/26/79
Jeanne Cameron 7/27/79
Howard Hackney' 7/$0/79
~dary Ann Ridenhour 7/30/79
Steve Schoanmaker 7/31/7'9
o*o
CITY OF KENAI
CITIZEN PETITION NONTitLY REPORT
SERVICE REQUESTED
Lost Dog - Cart's Parking Lot
Lost Male Cat
· Lost Germ. Shep. near Funny River Rd.
Lost blonde Lab in Ilomer Area
Lost Ilusky mix - Kalifonski Rd.
Stray Cat needs to be picked up
Injured dog at Katmat
Lost Irish Setter - Bernice Lake
Lost Germ. Shep.
Lost female cat - Big Eddy Road
Numerous dogs running loose, barking,
digging holes and soiling launs in'
Inlet Vieu
Lest larg? gray and white male cat.
Lost Lab, Setter mix - Candlelight
DATE INVEST.
CO,XfPI, ETED
7/19/79
7/19/70
7/20/79
7,/24/79
7/24/79
7/2S/79
7/2S/79
7/25/79
7/26/79
7/30/79
7/30/79
7/30/79
7/31/79
DATE
CITIZEN
DEPARTMENTAL REPORT
Found
Lost Animal File
Los: Dog File
Lost Dog file
Lest Dog File
Picked up cat
Picked up
Lost dog fi'lc
Lost Dog File
Lost animal file
Patrolled area
Lost Animal File
Lost Dog File
ANIMAL CONTROL REPORT
lqONTtl
I IqPOUNDED
I)ESTROY EI)
D,O.A.
ADOI)TIiD
CLAI MI!I)
July
67
0 - Left from June
2 Carried to August
39
22
KIiX.~'I I'! :',I N:;tJLA BOROIIGII
Alll!gi).l [:OR TIll! ll;X;IH.:kI~, ASSt!~IBLY MEETING
AH{;UiI' 7, 19~9; 7:50
, BOilOIIGII .M);.ItX I g'l't~Vr I OX BIJ I 1,1) l
P. O. BOX 850
S(H.i~J'I'XA, Al. ASEA 99669
A t; E X D A -
A. CAI,I, TO ORDI2R ANi) llOI.L CALl.
B. PI,EDGE OF AI.LEGIAXCE
C. SEATING CF XEI~ ASSFH1H,IHIiIIgI~RS (none)
D. A(;ESI)A APPROVAL
E. APPROVAL OF HIXUTES Oi: JULY 17, 1979
F. ' ORDINANCE }HiARI>;GS, OR OTIIiiR PHBI. IC IIEARINGS
(b)
Ce)
I'a__g.e No.
1
.Ord. 78-37 "Revising Chapter 20 of the
Fl~aSi~ng ~,[nd Subdivision Regulations of
the' Borough Code Governing the Subdivi-
sion of Land :'.'ithin the Borough"
Ord. 79-37 "Oeclaring thc Assombly's
~sq-~e Policy with Respect to the
Provision of Special Services in Se'rvice
Areas and Defining the Status and Respon-
sibility of the Boards of Directors of
the S6rvice Areas ;'.'ithin the Borough,
and Enacting Section 16.01.001 of the
Borough Code of Ordinances"
Ord. 79-41 "Rezoning Lots I Through 9,
~~-~-esse Lee lleights Subdivision,
City of Seward, from One Family Residen-
tial (R-i) to Limited Commercial
Ord. 79-42 "2ezdning Lots 1 and 2, Block
2-3'~' Origiffal Townsite of Seward, from
One Family Residential District (R-I) to
5Iulti-Family Residential District (R-3)"
Ord. 79-43 "Providing for the Composition
8f'ihe Xor'th Peninsula Recreation Service
Area Board of Directors"
Approved
I Enacted
1 Enacted as
Amended
4 Enacted
4.Enacted
4 Enacted as
Amended
Ord. 79-44 Substitute "Authorizing Indebted-
ness by the Issuance of General Obligation
Bonds in An A=ount Not to Exceed $22,000,000
for the Purpose of Constructing, Improving
and Equipping: North Kenai Junior Iligh
School, Nikolaevsk School Addition, Ninil-
chik School Addition-Scheme B, New Elementary
School at ttomer, Four Classroom Addition at
North Kenai,.ttomer High School Phase II-
Theater and Food Service Facility,.Homer
Yiiddle School, Kenai Central lligh School
Auditorium and Soldotna Jr. lligh Addition,
and Pledging the Full Faith and Credit
of the Borough,. with Payment of the Indebt-
edness to Be Derived from Taxes Levied
Within the Borough Subject to Approval ~y
the Voters at the Regular Election on
October 2, 1979, and Authorizing the Expen-
diture of'$2,$O0,~00 Unexpended Funds
Approved by Ordinance 77-51"
5 Postponed to
8-21-79
pa~dopv 6
POldopv g
po~dopv g
poldopv ~
poldopv i
po~.dopv /.
po~dopv /.
po'.'l.c[o p¥ /.
paqdop¥ 9 ,
po~dopv 9
po~dopv 9
paldop¥ 9
IZ ~sn~nv
o~ pouod~sod S
i.'puolf~, aql. mo,~j pa';oI.~p (b) H.qnozql
,,o3uo.{ojuo3 so.[3uno3 jo
uof-luf.~ossv [mio[lP.N oil2. ol [o.t{:a.I.
uo[laouuoL) ti[ apt:N .~osuod×H tt[t:!.to__.3 .l.O.~l~. ol
.ltto[o[JjnS spun..l au.t.t.tojsu,:.l.t,, £ [ [-6Z '
t[~[ll aoTunf' [~:uo~ ',[~,~oK posodo.td at[~ .to.t
Sl.:'~O~.[q>.lV sg solrt.[oossv pug lun.IT),~ plo_.t?EH
$o uo.t2.3o[os oq2. Stt.taozdd¥. Zt[-6L 'soil
,,:~ao.rozd
~.uouioaoad{ui [~;l.rtle3 '[oot[35 o[pp.q; .Ioiuol[~oql
.~oj sUeyd a[3uu~ot[aS ~u.r~o.~ddv. OI [-6/. ' SOil
.:too [O.Zd :l. uoluoao.tdu{I
uoI2 Tpp¥ lOOt[aS
.to$ suuM o.tqeutot[aS ~u;Ao.tdd¥. gOi-&L 'solf
,,3~o.fozd :uo,.o,toidtu[ [{z;.rde3
ff UUrd 'uo.t~Tpp¥ looq3s :{!qat.ru.[R oqq
, .toJ sttUld 3Ylt!lllOt[3~ 'fi'UlAOJ. ddx:,s /.0[-6/- 'gall
o
,,lao~ozd auo~oaoad~i
Ieq!d~3 uo~;~ppv [ooqas ~sAO~lO~N oq~
~oj SUeld aTlmaoq~S ~uTaozdd¥,, 90[-6L 'so~
01-08 omaH q~Fa .I oseqd 'Iooqos Aze~ttomoyE
zO~Ol! RON o~ ~o$ s~uo~noo~ uoT)=na~suoD
SUeld 'I oseqd 'IOOqaS A~e;uomol~ ~qnopo~
guF~s~xff }o osfl oqq ~u~z[~oqqnv pus
'I aSe~d 'Ioot[3$ ~e~uomai~ aa~oH aoN o~1
zoJ so/~emoqas arq ~uyao~dd¥,, S01-6£ 'so~
~o plH ao? aq; Hul~da3o¥,, ~Ol-6Z -sa~
,jvo[o~d'UO!SUalXa oue~ Iddod qso~ oql
~o uo~q~nzqsuo3 arq zo~ 'ouI 'S ~ E 4
to PIE ~toq o~q ~ulldo~v,, £0[-61 'so~
,,loa~oad uolsuolx~ p~o~ dool
0~o£ ~o uollonz~suo3 ~o$ 'auI 'S } ~ d
~o PIE ao~ arq ~uy~doaov,,~gt-6L 'saH.
Ct)
C.~)
(!)
(.t)
(ti)
(.~)
(o) ·
(p)
(=)
Cq)
Ce) ·
SNOI£fl~OSER ~0 NOI£VIIE~ISRO3
6L61 'Z ISflOflV ~0 $~£11NI~-~Od Vg.kiaDV
N-OTI CE
PLEASE DISREGARD PREVIOUS IMAGE,
DOCUMENT HAS BEEN REFILMED ON
FOLLOWING FRAME,
AGENDA FOR'MINUTES OF AUGUST 7~ 1979
Gl CONSIDERATION OF RESOLUTIONS
(a) -Res. 79-121 "Accepting the l,ow Bid of
P~R ~:::S~ Inc. for Construction of Tote
Loop Road Extension Project"
(b) Res. 79-103 "Accepting the Low Bid of
p R i S~ Inc. for the £onstruction of
the West Peppy Lane Extension. Project"
(c) Res. 79-104 "Accepting the Low }lid o£
SPecialty Excavating for the Construction
of the Kingsley Loop Road Project"
t,d) Res. 79-105 "Approving the Schematics £or
fhe New tlOmer Ele]aentary School, Phase I,
and Authorizing the Use of Existing
Redoubt hlementary School, Phase I, Plans
for the Preparation or Final Design and
Construction Documents for the New ilo]nor
Elementary School~ Phase I' ~ith Memo 80-10
. (e) Res. 79-106 "Approving Schematic Plans for
the Nikola~vsk School Addition Capital
Improvement Project"
(f) Res. 79-107 "Approving S~he,natic Plans £or.
the Ninilchik School Addition, Plan B
Capita] Improvement Project"
(g) Res. 79-108 "Approvin~ Schematic Plans for
th~ Solilotna Junior lligh School Addition
Capital Improvement Project"
(h) Res. 79-109 "Approving Schematic Pl.ans for
~hd Kenai Central High School Auditorium
Capital Improvement Project"
(i) Res. 99-110 "Approving Schematic Plans for
the lIomer ,'.fiddle School Capital Improvement
Project"
(j) Res. 7goll! "Approving Schematic Plan~ for
the ltomer Senior tligh School Theater and
Food Service Facility Capital Improvement'
Proj oct"
(k) Res. 79-112 "Approving the Selection of
Harold lfirum and Associates as Architects
for the Proposed North Kenai Junior lligh
School"
(1) Res. 79-113 "Transferring Funds Svf~icient
to ~leet Certain Expenses ,~lade in Connection
}¢ith Travel to the National Association
of Counties Conference"
(n) Res. 79-114 "Affirming the Planning Commis-
~io-n's Denial of a Request for P,e:oning
l~ithin the City of Soldotna"
(n) through {q) deleted from the agenda
(r) Res. 79-119 "Changini the game of the North
l(ch'ai Elem'entary School to Nikiski Elemen-
tary School" .
5 Postponed to
August 21
6 Adopted
6 Adopted
6 Adopted
6 Adopted
7 Adopted
7 Adopted
7 Adopted
7 Adopted
8 Adopted
8 Adopted
8 Adopted
9 Adopted
'9 9efeatcd
FOIl .~.IINIITIiS OF MW, II.ST 7~ 107O
(s) lies. 79-120 "Cji;raging th,, S:lme of the Nortii
Kyn'i~]-"ffJ'ci~:ntary School o gik~ski
tary School, Subject to tim AiHu'ov~[ of
the Voters in ~iki:;ki Precincts I and 2 At
. the .Xext I~e~H~lnr i~orough I~lection"
I{. IX'IROIHJC'I'IO:; IH: ORI)INANCES
{a) Ord. 79-31 "A Boroul:h llomeste:M Enactment
Prov~lq'~:.3~i'br the Acquisition t)f Title to
Borough Lands By llouestead and Improvement"
~lemo 80- 8
(b) Ord. 79-.19 "Acknowledging Receipt of Author-
Tz~t~ to Expend Certain Coastal Energy
Impact Program Crant Funds and Increasing
Esti~aated CEIP Revenues and Appropriations"
(c) 'Ord. 79-51 "Reapportioning the Votes of
~c7fiffly Based on the Special Federal
Census of 1978"
I. [NFORHAL-I~RESEXTATtONS I~'ITll PRIOR NOTICE
}.Irs. Ruby Coylo; Senior Citizen exemption,
limitation to 5 acres
0TtIER BUSI?;ESS
{c) Ord. 79-38 "Amending the Homer Zoning
~~e to Restrict D~eelling Unit
Density in Residenti¢l Zones"
(d) Ord. 79-47 "Authorizing Indebtedness
~hb'"Issua~ice of goads in
Exceed $6,762,646 for the Purlmse of
Expanding, Renovating, Inproving, and
Equipping the Central Peninsula General
Hospital Facilities, and Pledging the Full
Faith and Credit of the Central Peninsula
Hospital Serv'ic~ Area for an Annual Levy.
of Taxes l~'ithin the Central Peninsula llos-
pital Service Area, In an Mnount .Sufficient
to Pay the Principal and Interest; Subject
to Approval by the Voters in the Central
Peninsula ltospital Service Area at the
Borough Election on October 2, 1979"
~JOURt~HE~T OF AUGUST 7 NEETI~g...
I.II~UTES OF TIlE RECONVENED HEETING OF AUGUST 14~ 1979; 7:~0
A. CALL TO ORDER AND ~OLL CALL
B. PLEDGE OF ALLEGIANCE
C, SEATING OF NE~ ASSE!IBLYHEMBERS
D, AGENDA APPROVAL
J, CO~.~IITTEE RE~ORTS
(a) School Board [~loses)
(b) OEDP (Hoses).
(c) Finance (no report)
(d) Solid ~aste (no report)
(e) Roads and Trails (Long)
9 lle£eated
9 Defeated
i0 Set for
tiearing
10 Set for
llearing
II
I1 Enacted as
Amended
11 Set for
tlearing
8-21-79
12
AGENDA FOR MINUTES OF AUGUST .14, 1979
PaRe No.
(f) Port~ and {{arbors (no report)
(g) Local Affairs (no report)
K. MAYOR'S R~-PORT
(a) Memo 80-15 "h'etland Review" Jeff Ottesen 13
(b) Meno 80-12 "Advisory. Planning Comns.
Cooper Landing" 13
(c) Memo 80-13 "Advisory Planning Comsn, Hope" 13
L. SCIIO01, ~ONSTRUCTION
(a) Furniture and Equipment List 14
~i, OTHER BUSINESS
(a) Tax Adjustment Requests 14
N, ASSEHBLY A~ND ~.IAYOR'S COSg. iEIVTS
(a) btayor Gilman; Pacific LNG 14
(b) Mrs. Dinunick; Planning Commission Hearing ]4
(c) )ir. Long; Dept of High~'ays llearing 14
(d) Mr. McClo~d; Ports and llarbors study 14
(e) Hr. Crmvford; apportionment/salary 14
O. PUBLIC COliC. lENTS (none)
P. I}IFORT. IATIONAL MATERIALS AND REPORTS
Q, NOTICE OF NEXT .~IEETING AND ,'JIJOURI-I:.IE:~T 15
l, I:,',/A I Iq :..'; I :'J:',[ JI,A
HINIH'IiS O1" Till! RI;(;IIt.AI~, AS:.iI;,~IBI.Y ;.IEI.T
AII¢ilI.qT 7, 1979; 7:30 P.,'.I.
BOI.'.OIIGII Al)MI N I STRAT I0.~; Bll I IAI I
SOI,I)OTNA, AI.3. SKA
A. CAI.I. TO ORi)l!l~ .~.Xl) ROI. L CALL
Pres. Elson called the meeting to order at 7:30 p.m.
PRI'~SE:;T: Assemblymembers Eison, Fischer, llille, Long, Martin,
Moses, .Xlc¢lleud, Ambarian, Arncss, Campbell, Cooper,
(:orr, Crmcford, lJimnick, Douglas; ,Hayer Gi l~aan,
Admin. Asst. Baxley, Finance IHrector Barton, Public
~','orks Director Ilakert, Planning Director l~'aring,
Assessor Thonm~, Senior Planner ericson, Borough
Clerk Brymer
ABSENT:
B.
C.
D.
,\ssemblymembor Davis
PLEi)GF. OF ALLEGIANCE
SEATING OF XElg ASSE.HBLY:,II::,IBERS (none)
AGENDA APPROVAL
The Clerk requested a change in the n,:mbering o£ Ite:t~ G(a)
Res. 7~-I02 to lies. 7~-121.
Mrs. Dimmick requested deletion of Items g(n, o, p, q) to be
referred to the Finance Committee and added to the next agenda.
Mr. Itille, at request of the l. lnance Comnittee, recent, rended
deletion of Ord. 73-36 from tho agenda.
There ~¢as no objection to agenda revisions. :.Ir. Fischer
requested the subject of radio broadcasting be placed on the
next agenda.
E,. APPROVAL OF :.IINUTES:
The Clerk noted a correction to the.sixth paragraph, page 2
which should read "...people donating their time for service
projects should not have to spend..." The minutes were d¢-
clared approved a--~-submi~ted.
F, ORDINANCE HEARINGS OR OTIIER PUBLIC HEARINGS
Ord. 78-37 "Revising Chapter 20 of the
Planfiing"and Subdivision Regulations of
tho Borough Code Governing the Subdivision
of Land ~ithin.the Borough"
The ordinance ~as read by title only as copies ~ere available for
the public. Public hearing was declared open.
Speaking in favor of the ordinaqce were ~Ir. Jim Jacobs, Planning
Commission Chairman, and Jerry Anderson, Ability Surveys. They
reported a great deal of thought had been given to the ordinance
by the Planning Conmisston, borough staff and the surveyors and
the revised ordinance is a vast improvement. Public hearing was
closed.
ASSE~IBLY/qEMB£1~ LONG .xlOVED TO ENACT SUBSTITUTE ORD. 78-37,
-1=
KENAI PEUINSULA BOROUGll ASSE~IBI,Y REC, ULAR. ~4EETI,~!~ ,~llutrrEs
AUGUST _7., 1979 PAGE'2
ASSEI4BLYMEMBER Dh',l:.llCK' MOVED 3'0 AMI'iNI) SECTION 20.12.060 BY I}ELET-
]l{G Tile $VORD ";'IETL^ND$". TIlE ;U.IENi).qENT FAILED BY A VOTE OF 57.67
"ICES" 3'0 77.33 "NO"; Fischer, llille, Moses, Cory, Dimmick and
Douglas voting in favor of the amendment.
TIlE ORDINANCE I'~AS ENACTED BY A VOTE OF 117
Cory and l. iartin voting negatively.
Ord, 79-37 "Declaring the Assembly's Legislative
~h Respect to the Provision of Special
Services in Service Areas and Defining the
Status and Responsibility of the Boards of
Directors of the Service Areas I';ithin the Borough,
and Enacting Section 16.04.001 of the Borough
Code of Ordinances"
The ordinance was read by title only as copies were available
for the public. Public hearing was opened.
Members of the pub!ftc opposing the ordinance were Chris .~lartin
and. Donna Shaver, gikiski Fire Service Area Boardmembcrs. They
believed enactment of the ordinance would eliminate local control.
Tho present ordinance has been v:orking effectivelyi the people
in the service area pay for the services they receive v:hi]e
having a voice in v;hat services they ~'anto Changing. this cau.~es
centralization of powers ~'hich is not amenable to local control.
In reply to questions fro~ Hrs. Douglas, Mrs. ,~lartin and .'.Irs.
Shaver reported the word "advisory" in lhe ordinance is objec-
tionable. Under the present ordinance this was not the case,
the board was responsible to thc assembly and the co~nunity.
Further objection is made to the section where the mayor ma)'
delegate or rescind authority. Under this ordinance any con-
frontation or issue can be changed by the mayor, as v:ell as
programs,
,~lr. ilille repo~ted the mayer cannot change programs once the)'
have been approved by the assembly through the budgetary process.
The mayor's po~ers include the hiring and firing of borough
personnel and yet an ordinance x:'as presented taking ab'ay the
powers granted the mayor b>' state law. In altar, ting this ordinance
h~ was looking for an alternate vehicle t.;here there would be
a formal raethod of delegating authority. Xhe asse~.bly and the
mayor cannot divest themselves of respo~sihlity established
under the statutes.
Public hearing was closed.
ASSEr, IBLYMENBER HILLE I-IOVED FOR ENACT?.{ENT OF ORD. 79-37.
ASSEMBLYMEMBER ARXESS .'.leVEl) TO ,~2.lE?';l) Ttili FOURTH "B'tIERF, AS" 3'0
READ: "$flIEREAS, establishr, ient of advisory or administrative
boards for service areas is the prerogative of the assembly;
and". QUESTIOX i~'A$ CALLED AND TIlE :,lOTION {'ASSEI~ BY A ¥O~I; OF
86.17 "YES" TO 48.83 ".NO"; x'oting against the motion were Elson,
Hille, Long, I. Iose$, Carlpbell.
ASSEMBLYMEIIBER ARXESS ;.lOVED TO MII':ND SI-.'CTIOX l, 16.04.001
FIRST SENTENCE TO READ: "lhe boards of directors of the service
areas in the borough are administrative, and the)' may not con-
travene the authority of the..." '
In snpport of his a~endment t. lr. Arness commented the boards
should not be called advisory; tJ~ey sho,ld be responsible for
their own b.dgets as the .Hayer has also stated.
- 2 -
t
.,,~Ul,. I~OROUGII ASSI:,~,IBI,Y REC;UI,AR lql!l-~l'INt; HiNUTIiS
ASSI!,HBt. YMI;.',IIII!R :,IARTI.~ :!()VEl} :fO ASII:XD BY Al)DING TO Till'; AblliNIBII';N'f,
'A.ssemb.l.¥_ with respect to any of lhe statutory or ordinance
powers an,l duties prc::cribed by. linc to,the A.;set,tbl_z. The boards .
of directors arce svbject to the statutes of-',-fl~i~s]~a-or the Ordinances
of the gorough." AND I)EI.ETI; TIIE BALANCIi OF Till! SI.x;'rIoN.
Mr. :!artln stated that basically this states the boards are
administrative ~,ithin their men function provided they follow
the state statutes and ordinances of the borough and the assen,bly
~'ill run its functions ;ts prescril, ed by la~'. .Xlr. llille stated
the intent of the motion appears to be to contravene the authority
of the :,htyor as granted by statute.
Mrs. Dinuick stated tl/ere is no need for the ordinance if anmnded
with the ~¢ording of the second amendment; it becomes totally
ineffect ire.
QUESTION l;'A£ CAI, LED OX TIlE ,xLM~TI?; .\:.IE,~;D,xlIiWF TO TIlE A,~IEND:.IENT
l;2tICll FAIl, ED BY A ¥OTE OF 27 "YES" TO 108 "NO"; Fischer~ !.lartin
and Arncss voting affirmatively.
,~lr. Cm.~pbell stated in regard' to .~:r. Arness' motion that the
assembly shoutd recognize the ~'ord "ad,,~inistrative" can ~,:ean
many things.
.Hr. /is:'her asked for clarification of the !.layer's statutory
authority and :,layer C, ilman read AS 29.2~.140.
In reply to questions from 5Ir. Fischer as to the need for .this
ordinance~ the Mayor reported there, are certain areas within the
statutes that give the borough assembly the authority to delegate
responsibility by ordinance. 'fhe assembly has not delegated
anything to anyone and particu!ar!7 not the service area boards.
The boards understood the codified ordinances to indicate the
asserz..bly has given them certain authorities. The issue has been
for some tit. e. just t:hat has :he assembly delegated?
QUESTIO:; !:'AS CALLED AND TIlE ARNESS .~,IENDMEXT FAILED BY A 27 "YES"
TO I08 "XO" VOTE; 5Iartin, Arness and Corr voting affirmatively.
ASSE:.IBLY:,IEHBER ARXESS MOVED TO AHE:;D TilE FOURTIt SENTENCE TO READ;
"The aathority so delegated nay be rescinded by the Mayor upon
90 days notice."
Hr. Gilman believed the delegation of authority by the mayor to
the service area board should be subject to the approval of the
asserably because the ordinance says the assembly may delegate
authority to the boards, of directors and one means of doing that
would be through a resolution or ordinance. The mayor has a check
and balance on the assembly by his veto power and the assembly
should have sene check and balance on the mayor's delegation of
authority,
ASSE~fBLY~IEblBER DI.~.IICK :lOVED TO A~!END TIlE A,~tEND,MENT AS FOLLONS
BEGINXI~G ~'ITtl TIlE SECO)~D SENTE~;CE: "The boards of directors
are subject to the sphere of authority of the mayor and assembly
as established in the .statutes of Alaska or the ordinances of
the borough~ except that the mayor ~'ith prior approval of the
assembly by resolution may delegate authori,t,y ,t.o a service area
board of di~;ectorS, ..' M~q~ TO TIlE FOURTII SE,;TEdCE "the authority
so delegated may be rescinded by the mayor upon 90 days notice
with prior approval of the assembly b~ resolution."
(~IJESTION IgAS CALLED TO TIlE DII.~.IICK 32.IEND~IEt~T TO SENTENCES'TNO
A~r0 FOUR AND TIIE MOTION PASSED .BY A VOTE OF 126 "YES" TO 9 '~O"1
~iartin voting negatively.
K!!NAI PENINSULA BOROUGII ASSE)IBLY REGUI,AR )IEETING MfNU3'ES
AUGUST 7,~. 19,79 PAGI{ 4
ASSE~IBLY)fE~iBER ARNESS'I,iOVED TO ~LqEND TIlE SIXTiI SENTENCE TO REAl):
"The assembly may rescind uppn 9.0 days notice a resolution
d. elegating authority to the boards..."
QUESTION I','AS CALLED AND Tile A~fENDMEN'I' PASSED BY A UNARI}IOUS
VOTE.
)ir. 6ilman stated before final vote on'the ordinance he wished
to explain that when work on the service area ordinance began he
couununicated to the chairman of the comni+.tee that it should
at least incorporate the folios'lng four items: (1) The service
area boards should absolutely prepare and recommend the service
area budget, (2) they should prepare and recommend any and all
c~pital improvement programs including debt, (3) they should
prepare, subject to assembly approval, all rules and regulations
which are pertinent to their particular operation, and (4) they
should hire and fire the administrative officer. These will be
incorporated, if this ordinance passes, into a delegation of
authority by resolution in about t~o ~eeks.
ASSE}IBLY~IEIIBER CORR )lOVED TO Al. lEND SECTION 1, 16.040.001,
FIRST SENTENCE TO READ: "The boards of directors of the service
areas in the borough may not contravene the authority of thc
mayor." QUESTION I~AS CAI.LED AND TIIF- A.~IENDr. IIiNT FAIl. El) BY A VOTE
O]: 27 "YES" 1'O 108 "NO"; Fischer, 'Arness and Cory ye. ting "Yes':'.
TIIE ORDD~ANCE AS AMENDED lfAS EX.XCTEI) BY A VOTE OF 97.33 "YES"
TO 37.67 "NO"; )lartin, A~,barian, Arness and Corr voting nega-
tively.
(c) Ord. 79-41 "Rezoning Lots I Through 9, Block 3,
·esse 1,6~ lleights Subdivision, City of Seward,
from One Family Residentail (R-l) to Limited
Commercial (CL)".
Th~ ordinance was read by title only as copies ~ere available
for the public' Public hearing i,'as opened and as fie one ~;ished
to speak, was closed.
ASSEMBLY)iE,~IBER CkqPBELL IqO%'ED FOR E:¢ACT.~iENT OF ORD. 79-41 AXD
Tile ORDINANCE I~'AS UNA~IHOUSLY ENACTED t';ITIIOUT DISCUSSION.
(d) Ord. 79-42 "Rezoning Lots ] and 2, Block 23
Original Townsite of Sck'ard, from One Family
Residential District (R-I) to31ulti-Fami, ly
Residential District (R-t)"
The ordinance was read by title only as copies b'ere available
for the public. Public hearing ~as opened and as no one wished
to speak, was closed.
ASSE~IBLY~IE,',IBER McCLOIJD .t. IOVED FOR EEACT.~IENT At~i) 3'lie ORDINANCE IYAS
UNANI,~.IOUSLY ENACTED $'$ITIIOUT DISCUSSION.
(e) Ord. 79-43 "Providing for the Composition
~th Peninsula Recreation Service
Area Board of Directors"
The ordinance teas read by title only as copies {~'ere available
for the public. Public hearing was opened and as no one ~'ished
to speak, was closed.
ASSE)IBLYIIE,XlBER DI,~IIC£ I. IOVEU FOR ENAClllENT OF ORD. 79-43.
-4 -
ASSI:,qBLY,~II!,~IflI!R ARNI!SS ,~10¥1iI} TO ,\,~11i~41} SE(~'I'ION 2, I'ROPOSIT lOS,
TO RI!Al) tN 'Till': TIIIRIJ LINE; "Board of dlr'ectors be expanded to
7 dj rectors, be approve,l?" ,~*IP ~:lllJ'l'llIil~, A,~II!NI) SECTION
"That thig ord.in:lnce takes ell'eot on October 7, 1980, subject
to approval by a majority of those voting..."
QUlisl'IO.% B'AS CALl. Iii) ANI~ TIlE A?.II!.ND,XlI;NT PASSF. I) BY A VO'l'li OF g6.54
'WI:S" to 38.66 "NO"; ~:l$on, .~lartin, Coopqr and I)im~ick voting
against the ~,otion.
QUESTION h'AS CALl. ED ON EXACT,~.IIL%T OF ORD. 7g-45 AS AMENIIEI)AND
Tile 5IOTION PASSI!D BY A VOTE OF 107 "YES" TO 28 '×O'; 51artin,
Cooper and ~ouglas voting negativoly.
(£) Ord. 7g-44 Substitute "Authorizing indebtedness
~".~he' Issuance o~--d~neral Obligation Bouds in
An Amount Not to Exceed $22,000,000 for the
Purpose of Constructing, Improving and Equipping:
,':orth Kenai Junior Iligh School, Nikolaevsk School
Addition~ ginilchik School Addition-Scheme
Eeoc r.:lementary School at llomer, Four Classroom
Addition at Xorth Kenai, llomer lligh School Phase
II-Theater and Food Service Facility, IIomer lliddle
School~ Kenai Central High .School A,ditoriu~ and
Soldotna .Ir. l..'igh ^ddition, and Pledging the Full
Faith and Credit of the l;orough, i¥ith Payment of
the Indebtedness to Be l~erived from 'taxes Levied
l~'ithin the Borough Subject to Approval by the
Voters at the Regular Election on October 2,
and Authorizing the Expenditure of $2,500,000
Unexpended Funds Approved by Ordinance 17-51"
The ordinance g'as read by title only as copies x,'ere available
for the public.
Publ'ic hearing ~qas declared open. ,~lrs. Karen ,~kGahan, North
Kenai, urged inclusion of tho Xikiski Junior lligh in the October
bond issue. She stated the Nikiski area pays the majority of
taxes and some of this ntoney should come back to that area in
the fern of schools. She reported the children from that area
are being bussed some gO miles ahlch is not only a hardship but
is expensive in transportation costs. Mrs. Betty lCarren and
Mrs. P. uby Coyle supported }.Irs. HcGahan in her st..atements:
Public hearing vms closed.
ASSE,qBLY,'.IE,qBER ,~IARTIN 3lOVED FOR ENACTMENT OF ORD. 79-44 SUB.
ASSE~4BL¥,XlEMBER DI~LXlIGK IfISHED TO CONTINUE ANY ACTION ON TIIIS
ORDINANCE UNTIL AUGUST 21 AND ALSO REQUESTED PUBLIC IIEARING BE
REOPENED AT THAT TIl-fE AND TUEREFORE ~IOVED TO POSTPONE ORD.
79-44 SUB. IJNTIL AUGUST-
THE ~IOTION PASSED BY A VOTE OF 75 "YES" TO 60 "NO"; Fischer,
Long, .Xlartin, NcCloud~ Campbell, Corr and Douglas voting nega-
G. CONSIDERATION OF RESOLUTIONS
(a) Res. 79-121 "Accepting the Low Bid o£ P R f S,
Inc. fo:' Construction of Tote Loop Road'Extension
Project"
ASS~-,,iBLYIIEI4BER DII4P. IICK I~IOVED FOR ~DOPTION OF RES. 79-121.
o $-
KENAI PENINSULA BOROUGll ASSEMBLY REGULAR MEETING HINUTES
AUGIIST 7~ 1979 PAGE 6
Mayor Gilman reported 'the bbrough had specified in this contract
certain areas to dispose of overburdeh and now it apl)ears from
aerial photography that those areas nay be ~¢etlands. The borough
is .trying to determine whether a Corps of Engineers permit
be necessary; if so, and the borough cannot secure the permit,
the cost of this project vtill increase, lit. Conyer$ reported
the Corps of Engineers will inspect the property next Tuesday,
at which time the issue should be decided.
ASSEI, IBI.YMEHBER FISCIIER I~IOVED 2'0 POSTI'ONE AC'I'IObl O,'~ RES. 79-121
UNTIl, AUGUST.21 AND TIlE MOTION PASSEl) BY A VOTE OF 101 "¥1iS"
to 34 "NO"; ~loses, Cooper, Cyme. ford and Dimmick ~,otin~ negatively.
(b) Res. 79-103 "Accepting the Low Bid of P R ~ Ss
~fnc. for the Construction of the lYest Poppy
Lane Extension Project"
ASSEMBLY.MEHBER LONG HOVEl) TO ADOPT liES. 79-103 AI;'ARDING TIiE
PROJECT TO TIlE LOt'/ BIDDER P Il fi Ss INC. FOR $79,170. VOTE
$'~AS UNANI~.IOUS FOIl AIIOPTION.
(c) lies. 79-104 "Accepting the Low Bid of Specialty
~tqh-'ff-for the Construction of the Kingsley
Loop Road Project"
ASSEHBLY.MEHBER DI~tICK MOVED FOR ADOPTION OF RES. 79- 104
AI~'ARDIN~ TIIE PRO. IECT TO Till': LOi~ BII)DhR SI)ECIALTY EXCAVA~'IiiG FOR
$15,835 AND IT IYAS UNANI,~IOIJSI.Y ADOPTIh).
(d) Res. 79-105 "Approving the Schematics for the
el~r6~.~~~lementary School, Phase I, and
Authorizing the Use of Existing Redoubt lilemen-
tary School, Phase I-, Plans for the Preparation
of Final Design and Construction Documents for
the blew llomer Elementary School, Phase I" with
~lemo 80-10
ASSE,~IBLYME,t, IBER MARTIN HOVED TO POSTP0,~E RES. 79-105 TIIP. OUGII
7!l-Ill UNTIL ADGtlST 21. ,MOTION FAILEI) BY A %'OTC O¥ 57.66 "YI'S"
TO 77.34 "NO"; Elson, Fischer, ~lartin, ~loses, Arness and
Douglas voting affirmatively.
ASSE,'.IBI.YS~E~IBER DI!.P..IICK .%10%'E1) FOR ADOP'I ION OF R~;S. ~9-105
TllROUGII 79-111, AS TIIERE h'AS OBJECT ION, EACIt RESOI,UTt 0:'; I','OIII. I~
BE VOTED ON SEPARATELY BY DIVISION OF TIlE QUESTIOI;.
llarold I~irum and Associates presented the schematid plans.
FOLLOIqlNG TIlE PRESENTATION, RESOLUTION 79-105 IYAS ADOPTED
BY A.VOTE OF 97.3~ "YES" TO 37.66 ":gO"; lilson, 3Iartin, Arness
and Douglas voting negatively.
(e) Res. 79'!;6 "Approving' Schematic Plans for
~the Ni'kOiaevSk School Addition Capital
Inprovenen t. Project"
The schematic plans were presented by Gary Spreag of Design
Lab, lac.
Assemblymembers Martin and Douglas did not agree ;~ith the concept
of a half-size gym, believing it insufficient for a school with
Z4$ students, tn the future they believed this school would
request a larger gym,
o 6-
'' ~' .mi I Ir
KliXA I I'I;X I X:;III.A IIOROIIGII ASEliHIiI.Y iU.GIILAP, HI;ET llil; I.IINIJ'I lis
AII~;IIST 7~ 1979 I'Al;ll ?
:.l.'tyor (;ilk.aah reported Title 1,l states the design et' school
faci lit les is the responsibi I ity of the school board subject to
approval or disapproval o£ the assembly, lie believed the only
choice is to approve or disapprove the plans.
:~r, Corr stated it wo. ld be a mistake to chauge the plans tile
school board 1~s~ been ~¢orkJng on; it would c;mse delay in con-
struction and increase costs of tho project to send the plans
b ack,
ASSI:51BI.Y.qt!51BER FISClIER 5IOYED TO POSI'I'O:/E UNI'II. TIlE /lliXT MEETING
AXD REQIiEST Till-; SCIIOOL BOARD TO CONSIDER A FULL SIZE
.',Ir. Corr requested Mr..'lCard to explain the choice of gyr, l size.
.~Ir. ;':ard re-ported students attending this school do not use tho
gym in tile saue manner as other schools, as they do not compete
:~'ith other schools, or play basketball. The girls }:ill not be
using the gym.
QUESTION ?,'AS CALLED O.~ TIIE .~.10TION TO POSTPOEE, h'IllClt FAILED BY
A ¥,~TE OF 65.16 "YES" TO 71.84 ".XO"; Elson; Fischer~ Long,
Hartin, Arness, Campbell and Douglas.
QUESTION I','AS C:{I.I.ED OX .MIOPTION OF RES. 79-106 A:iD TIlE .'.lOTION
?ASSED BY A VOTE OF 91.54 "YES" TO 37.66 "NO"; Elson, :-lartin,
Arness and Douglas voting "No".
If) 'Res. 79-107 "Approving Schematic Plans for
the'Xin'ilchik School Addition, Plan B
Capital Improvement ~".roject"
FOL. LOKING PRESENI'A'flOXS OF TIlE I'LA:;S BY .MR. SPRENG, QUESTION
CALLED AXI) RES. 79-I07 ADOPTED BY A VOTE OF 124.34 "YES" TO 10.66
":;0"; Elson voting negatively.
(g) Res. 79-108 "Approving Schematic Plans for
khe Soldotna .Junior tligh School Addition
Capital Improvement Project"
FOLL6;;'IRG PRESE~;TATION OF TIlE PI,M;S' BY $;'IRU3I A:';D ASSOC., ~.IOSES
MOYED FOR ADOPTION OF RES. 79-I08. bIOTIO.~ PASSED BY A ~tOTE
OF 124.34 "YES" TO 10.66 "HO"; Elson voting negatively. ·
(h) Res, 79-109 "Approving Schematic Plans for
ih'e'"Kenai ~entral High School Auditorium
Capital Improvement Project"
FOLLOIilNG PRESENTATION OF Tile PLANS BY IglRU}4 AND ASSOC., LONG
~IOVED FOR ADOPTION OF RES. 79-109. I~IOTION PASSED BY A 115.34
"YES" TO 19.66 "~;O" ¥OTE; Elson and Douglas voting negatively,
(t) Res. 79-110 "Approving Schematic Plans fbr
the Homer ,Middle School Capital Improvement
Project"
~lr. Howard Partch, of l. laynard a~d Partch presented the plans
for the lloner Hiddle Sc. heel.
ASSE:.IBLYME:4BER LO};G MOYED FOR ADOPTION OF RES. 79-110 AND' TilE
!~OTIO.~ PASSED BY A ¥OTE OF 97.34 "YES" TO 37.66 "biO"; Elson~
~lartin, Arness and Douglas voting negatively.
-7 -
KENAI PENINSUI.A BOROUGtl ^SSE[Im,Y m~C, ULAR ~Im'lN~.; reNU'rEs
(j) Res. 79-111 "Approving Schematic Plans for the
llomer S'enior Iligh School Theater and Food
Servico Facility Capital Improvement Project"
FOLLOI~ING PRESENTATION OF Till-; PI.ANS BY ~IR. PARTCII, }.iR. LONG MOVED
FOR Al)OPTION AND TIIE liOTION PASSEl) BY A VO~'E OF 97.34 "YES" TO
37.66 "NO"; Elson, Blartin, Arn~ss and Douglas voting negatively.
(k) Res. 79-112 "Approving the Selection of
Harold' l~ifum and Assoc., as Architects
for the Proposed North Eenai Junior lligh
School"
ASSEMBI,YMEMBER (;ORR ~IOVED FOR Al)OPTION OF RES. 79-112 AND TIlE
VOTE NAS UNANIHOUS.
(1) Res, 79-I15 "Transferring Funds Sufficient to
}2[~et ~ertain Expenses I.lade in Connection ~-ith
Travel to the National Assoc.' of Counties
Con fO ronco"
'ASSEblBL'~IE/4BER LONG ~IOVF. D FOR ADOI'TIO.~I OF lIES. 79- 113.
Mrs. Douglas stated if the assembly is going to approve someth, ng
after the £act it should probably also consider doing ibc sa;nc
for the North Peninsula Recreatirfn Service Area. 'ihe bo:,r,.!
had moved to hire lin attorney usLn.r, f,..md-; ou: o£ last year";
budget. She requested }Ir. Sarisky explain if this was net the
same type ot7 thing.
Atty. Sarisky reported the serx;ice area board ~'rote to the .xlayor
indicating they might need assistance in drafting rules and
regulations subject to the approval of the assembly. The 3layer
indicated he would not be adverse to obtaining counsel if that
were necessary, but the policy has been that all legal services
~ould be handled through the boroug~ attorney's office. .~lr.
Sarisk¥ advised that if the board needed assistance and the
Legal Dept. could not provide it, ~¢~ ~'ould consider retaining
outside counsel to assist in the drafting of the documents.
As the matter turned out, the board intended to retain counsel
to challenge the bbrough with regard to the scope of their pelger,
which he certainly ~ould not approve. Also, there ~.ere no funds
in the budget for legal services.
}irs. Douglas stated she understood ~'hy the money is needed for
the attorney, but if the assembly can make excuses for itself
regardless of x¢hat the situation is, she believed it only proper
that the assembly provide approval fof the service area.
}.ir. ,~lartin stated a motion was made to grant the funds for the
RACe trip and the motion was defeated, therefore it seems the
Resolution is bringing back a matter acted upon. If .~r. liille
would ask for reconsideration as requested at the last meeting
it might save a long debate.
3Ir. Corr noted this Resolution provides inforh~ation as to the
amount and the account numbers for the transfer. It was l;no~,'n
that two people were going to attend the conference a;~d the time
to object was when this was first mentioned.
QUESTION i'IAS CALLED A.~D TIlE RESOLIITION ADOPTED BY A VOTE OF 126
"YES" TO 9 "NO"; i)immick voting negatively.
- 8 -
(in) Res. 79-114 "Al'firming the I'taniting
D~.;:'TiS~i"iff -a' Request fo'r Renaming I;'ithin the City
or' So Id'or fin"
ASSE.qBI,'f311?~SER ?.lOSES ;ItWI-'.l) FOR Ai)Ol"l'ION OF RI:.S. 79-11,1 ANII
(n) (o) (p} (q) deleted from the agenda.
(r} Res. 79-119 't:hanglng the Xamo of the North
ik'~5~l~-~'ntary School to Xikiski I!lomentary
Sckool"
ASYE.',IBI.YHE.v:~;ER :tut'rix :.IOVEi) FOR AilOPTION OF RES. 79-I19.
,~lr..'.lartin _~tated he is infroducing this resolutio, and the
follo~ing c::e on the basis of a request [mde at the school board
meeting. ~Se board reported sending a letter to tho assembly
regarding tee ma;ne ch;frigo and no action ~'as taken.
5Ir. Arness'.tsked that the resolutions be defented. :;ikiski
eventually be .a torn v;here there is a po~tof£ice and shopping
center. Thc school is .3 miles south of that area and ~tould be
out of the 7eri;-:eter of the to:.;n nuy:qay. :Ir. Fischer agreed
with :.h-. A:'".ess but believed the decision shculd be left ~ith
the voters ?f t~e area.
QUESTION lCLz. CALLED A:"~D RES, 79-119 ~';AS DI;I:EA'H!D BY A VOTE OF
9 "YES'* TO 117 "NO" Ar;l) 9 "TE,'-It'OiL~R. II,¥ ABSEST"; Douglas w~ting
affirmatively, P, immick absent.
(s) Rcs. 79-120 "Changing the Na~m of the :;orth
kr~n~ F-'~I'; e~'~ntary School to :.iikiski Elementary
Sckool, Subject to the Approt'al of the Voters
i:: Xikiski Precincts I and 2 at thc Xext Regular
Borough Election"
ASSE,',IBLY.".;E.'.:3ER .'-IARTIN NO~'ED FOR A.3OPTIO,g OF RES. 79-120,
:.gr, Ambarian asked the attorney if the change of name on borough
property sL0uld be voted on by all the voters of the borough.
Atty. Sarisky replied the vote should not be lir.~ited to just the
two precincts as it is a borough~,'ide election; ho~ever, this
limitation xas requested.
In reply te questions from Mr. Fischer regarding statutory
authority to name a school, ?Ir. 5arisky stated this is not
defined in the statutes, t. lr. Fischer stated historically
the board names the schools; hm-.'ever, they have presented
this one to the assembly in order to have the subject placed
on the ballot for the people to decide,
FOLLOI~ING FURTHER DISCUSSION QIIESTIO~ ~;AS CALLED AND TIlE RESOLUTION
DEFEATED BY A %'OTE OF S5.67 "YES" TO 79.33 "".,O"', voting in favor
were Fischer, Hille, Long, ~lartin, Dimnick and Douglas.
H. I~TRODUC. TIO:,' OF OI~DINANCES
(a) Ord. 79-31 "A Borough llomestead Enactment
Pr~vidihg for the Acquisition of Title to
Borough Lands by .Homestead and Improvement"
ASSEI~ffiLYItI~.!BER l-i~ldiTIN }lOVED TO POSTPONE ORD. 79-31 UNTIL ,IUGUST
Z1 I. fEET I NG,
-9-
KENAI PENINSULA BOROUGII ASSEI~IBLY REGULAR I, IEETING MINUTES
AUGUST. 7.,. 1979 PAGE l0
MOTION FAIl. Eh BY A VOTIi OF 54.5 "YES*' TO 80.5 "NO"; Fischer,
Long, Moses, HcCloud, Corr and Douglas votinll "Yes'*.
ASSE~'~BI.Y~iEblBER MARTIN MOVED TO SET ORDINANCE FOR IlIiARING SEPTE,~.i-
DER 4 AND TIlE ,~IOTION FAILED BY A VOTE OF 45 "YES" TO 90 "NO";
Fischer, Long, Martin, Corr and I~ouglas voting affirmatively.
(b} Ord, 79-49 "Acknowledging Receipt of Authorization
~o Expend "Certain Coastal Energy Impact Program
Grant. Funds and Increasing Esti~nated CEIP Revenues
and Appropriation"
ASSEMBI.YMEMBER McCI, OUI) .).lOVED TO SET ORDINANCE FOR IIEARING
SEPTEHBER 4 AND TIlE :.iOTION PASSED UNANII, IOUSLY.
(c) Ord. ?_9-S1 "Reapportioning the Votes of the
X~-~--~ased on the Special Federal Census
of 1978"
ASSENBLY}.iE,XiBE~ ARNESS ~.IOVED TO SET ORD. 79-51 FOR tIEARING OX
SEPTEMBER 4, 1979.
ASSEMBLY}.IE~.IBER I)II.~IlCK MOVED 3'0 A.~IE.~I} TO SET 3'}II-i ORI)IN:'~;CE FOR
IIEARIRG AIIGUST 21 USING Tile SIIORTER PERIOD OF TI:.IE ALLOIiiiD BY
TIlE CODE OF ORDINANCES (with 2/3 vote).
ASSEMBLYMEHBER IIH.~IICK HOVEl} TO A.XIEND SECTION 4 BY DIiI.E. TI:iG
TIlE PERIOD AI'TER TIlE {'iORt) "enactment" AND INSERTING A CO.'.I:.L*\, AND
Tile FOLLOI~,'ING PIIRASE: "subject to the approval of a majority of
the voters voting on the question inside cities and outside cities
at the regular borough election on October 2, 1979 as required by
lmm'. The borough clerk shall propose the ballot proposition as
set forth in Section 1 of this ordinance,"
In reply to questions regarding the reapportionment pl:,n going
to an election, ~layor Gilman reported .after the Jul)' 17 meeting
the clerk did contact Community and Regional Affairs i:nd asked
them to look at what has transpired.as far as reapportiom.~e;~t
is concerned. The telephone conversvtion indicated that the
Department in their determinations would start the clock moving
on the § months period on the date the asse,nbly adopted the
resolution declaring itself taalapportioned, which v:as July 17.
If this proposition went on the ballot and v;as defeated October
2, you would have tho next 4 months to prepare a different plan
to be resubmitted to the voters ~'ithin the time period. After
January 17, if there has still not been a.reapportionment plan
approved by the voters, Community and Regional Affairs tcill
apportion the assen~bly, llo~¢ever, v:ith the next census being
taken.in April 1980, there is a question as to ~'hen they i,'ill
do the apportiorment.
FOLLOI~ING DISCUSSION TIIE ~qElgl),XlE:;T PASSEl} BY A VOTE OF 78.33
"YES" TO 56:67 "NO"; voting against the motion were Fischer,
Long, McCloud, Ambarian, Arness, Campbell, Crm.;ford.
VOTE $';AS CALLED ON TIlE FIRST ,~.IEND.qENT liliICII PASSED BY A ¥OTE
OF 113.5 "YES" TO 21.5 "NO"; Cantpbe]l, Cooper and Crau'ford
voting negatively. TIlE ORDINANCE IYAS SET FOR IIEAI'.tNG AUGUST 2I,
1979 BY A VOTE OF 102.83 "YES" TO 32.17 "NO"; ,Xmbarian,
Campbell, Cooper and Crawford voting negatively.
I. INFOR~iAL PRESENTA.TIONS l';ITlt PRIOR HOTICE
- l0 -
KI!XAI PI!NI*:~IIIoA BOROUGII ,~.SiI.~.IBhY RliGUI,'tI~. :.II!I~TING MIHUTli:~
(a) !.Irs. Ituhy (:oyle;.Senior CiLizen.Exemption,
limitation to S acres
Mrs. Coyle reported AS 29.53.020(e) states, "The real property
o~.:ned and occupied as a permanent place of ahode by a resident
65 years of ;tge or over is exempt frma taxation of tho assessed
val[w of the real prop,..rty." The ^lask;, .3dministrativo Code
does not address ;tn acreage limitation; hold'err, r, the state, by
administrative ruling, has limited the exemption to 5 acres 'in
a rut'al area ;tltd 1 acre in urban ;treas. .'.-'.rs. Coylo did not
believe the state could change the meaning of the la~ by an
administrntive.ruling. Sl,e has written a letter to each of
the 72 property owners ~¢ho are affected by this rul. ing, :;,ggost-
lng that they pay their taxes under protest until the matter is
resolved.
~-tayor Gilmian stated 'in the tax )'ear 1978 there were 57 senior
citizens in that category teho had more than the acreage livlita-
tion. The Dcpt of Cor.,~.u'nity and Regional Affairs denied reim-
bursement of approximately $-I$,000 to the borough, based on the
1 and S acre dbterminatlon. 3lt. Gilman stated his letter indi-
cated that it is the Dept.'s responsibility to tell the legis-
lature ho~.: many dollars were necessary to reimburse the munici-
palities and not to make t, niiatteral restrictions. The boroup, h
is revie;,'ing the issue ;,'ith the cm, templation if ~'e cannot get
it resolved admini.~trati~:ely that the borough will ~;ork s'ith
senior citizen groups or individuals to file a class action
suit and the borough $~'ould join for declaratory judgement in
Supe.rior Court if necessary. The borough administration believes
Ers. Coyle is correct. The borough may have been in error this
year for following those guidelines and sending bills out.
There may be a time in the future ;chon assembly authorization is
necessary to reimburse for the payment of those dollars. At
this .point the borough ia holding the funds in escrows.
FOI, LOI;'ING PUBLIC PRESEX'rATIOXS, :.IR'. I:ISCIIER MOVED TO CO,'~SII)ER
~RD. 79-47 A~D TILEX COX'flHUE THE MEETING NEXT TUESDAY AT 7:30 P.bl.
3Ir. Cooper requested consideration be given to Ord. 79-38 prior
to adjournment, as he might not be at the meeting next Tuesday
and the ordinance needs to be amended.
Pres. Zlson stated if there is no objection, the'~ssembly will
proceed to Item M (c) Ord.
OTHER BUSINESS
(c)
Ord. 79-58 "Amending the Homer Zoning Ordinance
t-o Restrict D~elling Unit Density in Residential
Zones"
ASSEMBLY~IEblBER COOPER I. IOVED FOR ENACT,~IENT OF OICD; 79-$8 AND THEN
3IOI,~EI) TO ~.tEND TO INCLLIDE THOSE /U4EI~ID.~IENTS LISTED IN ME~IO 80-14
FRObl THE PLANNINg DEPT, TIlE A~4ENDt. IENT A~D Tile }-lOTION lgERE
UN/~ I3IOUSLY APPROYEI).
Cd)
Ord. 79-47 "Authorizing Indebtedness By the
Issffance of Bonds in tn Amount Not to Exceed
$6,762,646 for the Purpose of Expanding,
Renovating, Improving, and. Equipping the-
Central Peninsula general llospital Facilities,
and Pledging the Full Fakth and Crodit o£' the
Central Peninsula Hospital Service Area for
- ll -
KI';NAI PL"NINSIILA BOROUGII A.qSE~II;I,Y REGULAR ,'.lEI;TING MIt;IJ'fES '
AUGUST 7t 1979 PAGE I2
an Annual Levy of Taxes b'i. thin the Central
Peninsula llospital Service Area, In an
Sufficient to Pay the Principal and Interest;
Subject to Approval by the Voters in the Central
Penfnsula llospital Service Ar¢,a at the Borough
Election on October 2, 1979"
Q~ESTIO~ I~AS CALLED ON RECONSIDE~VfIO:; OF ORAl, 79-47 A:h} TIlE
1.lOTION PASSED BY A VOTE OF 126 "YES" TO 9 'NO"; Arness voting
nodal ively.
ASS~fBLYMi3,tBER FISCIIEE ~.IOVED TO SET OPI). 79-47 FOR IIEARING OR
Pres. Elson announced the balance of this meeting ~cill bi. con-
tinued August 14~ 1979 at 7:30
ASSE~.~BLYHEI,iBER AR..I;.,.~ ,I0~ L~} TO AII.;OIIR:;,
(Note: a motion to adjourn does not require a vote unless thcre
is objection)
}feeling adjourned at 1:05
RECO!iYE~;ED .~.fF;ETINC OF AU(;US'I 14, 1979
The regular assembly meeting of August 7 ~;a:; recor, renc. d at
7:30 p.~. on August 14, 1979
CALL TO ORDER Al;D EOLL CALL
PRESE/~T:
Assemblymembers Elson, Fischer, Iti ll'e, Long, :.~oyes,
},IcCloud, Ambarian, Corr, crag'ford, Imvis, Din~.ick;
l, layor Gilmen, Admn, Asst, Baxley, Finance Director
Barton, Public ~:orks Director llakert, Planning
Director l;'arinl;, Assessor 'lhol,a:;
ABSEgT: Assen~blyraenbers 51artin, Arness, Car..:pbell, COOl. er,
lieu g 1 as
B. PLEI}GE OF ALLEGIANCE
C. SEATIIIG OF REt/ ASSE.tlBL¥.tlE~IBERS (non¢~
D. AGE~DA APPROVAL
J. CO~IITTEE REPORTS
(a) School Board (Uartin 7-25) Moses 8-6-79
~r, Moses reported at the August 6 meeting the board discussed
the feasibility of dividing studehts bet~ee~ the t~o Soldotna
Elementary Schools on a K-$ and ~-6 basis rather than the present
K-6 at both schools, Parents ill the area favored this plan,
The board concurred ~ith the goals for the i~79-$0 school year,
i~e goals established reflect a continuation of past goals
and include: Complete by February i980 a total revisien of the
secondary curriculum, provide statistical and other information
concerning lS major extra-curricular activities, present Phase I
rojects for a bond issue in O~tober 1979 and Phase 11 projects
or October 1980, establish a ay5te~aatic progra;a of public
information and evaluate the special services program,
o 12 -
"" :' ' ,'q I NII'I'I:S
KI!~L'~ l I'I:NI.N~UI.A I~.OIIOIIGII RI~(;ilI..\I~ Ao..~I.ABIA Hlili'rlN(;
(b} 0.I!.i).I'. (1" i sche r/.Xloses }
?.Ir. 5loses relmrted an ordinance is being prel);Jred for sulmissi,)n
to the asse,fl)ly ~ithin the next 30 days ~d~ich i~'ill reorganize
and change the name of the O.l';.I).P.
(c) Finance (Iii 1 le/Cot}per/Cra~'ford/.X!cCloud/Corr/l}ougl,ts)
,';o report.
(d) Solid lYaste {Fischer/.~lartin/Cooper} go report
(e) Roads and Trails (Long/)lartin/Corr)
~.Ir. Long reported a meet'ing will be held on Friday at 4 p.ra.
if the issue of ;,~etlands on the Tote Road project has not been
resolved by that tbae.
,~ote: :,Iayor Gilman reported Corps of Engineers agreed to issue
the permit today.
(f) Ports and Ilarbors (Arness/Campbell/:.Xmbarian}
(g) l.ocal t~ffairs (Campbell/Ar, sbarian l)im~nick/^rness)
go report.
K. NAYOII~.S REPORT
(a) Menlo 80-15 'q;'etland Review" Jeff Ottesen
The ~layor com~aented the review *of the v:ctlands problem is
self explanatory; however, he v:ill ans~qer questions from the
assembly, lie noted that the most important parts of the report
are on Pages 5, 6 and 7. lie stated in the report fir. Ottesen
is saying that the Corps and other agencies would back off if
the borough would adopt land use regulations. There has never
bee~ support ~iith~n this borough for land controls, but this
may be the only step local government can take.
Assemblymembers discussed possible sblutions to the problem,
such as incorporating some land use regulations in the coastal
development plan, asking Congressmen for changes in the lm~ to
exempt Alaska; appropriate funds for lobbyist to .get the act
amended and/or restrict funds to regulatory agencies.
(bi Memo 80-12 Advisory Planning Commission, Cooper Landing
ASSEI. IBLY~IEHBER IIILLE ~IOVED TO APPROVE THE RECO.~-IENDED NA,%IES TO
TIIE COOPER LANDING ADViS. ORY PLAN:IIi.iG COI,~.IISSION.
ASSEI, IBLYHEI, IBER DAVIS ;40VED TO 'AI. IEND TO STRIKE TilE.EX-OFFICIO
ME.~IBERS. TIlE A,',IEND,~IENT FAILED BY A VOTE OF 55.83 "YES" TO
43.67 "NO"; Elson, Fischer, }lille, Long, :4cCloud and Davis
favoring the notion. TIlE APPOHg~,IE:;TS Is'ERE APPROVED BY A
VOTE OF 90.$ "YES" TO 9 "NO"; ~avis voting negatively.
(c) Memo 80-13 "Advisory Planning Commission, llope"
ASSE!IBLY)IE.~IBER CORk ~IOVED TO APPROVE Tile RECO.~.IENDED NA,%~S TO
TIlE HOPE ADVISORY PLANNING CO!,I~.IlSSION.
(
o 13 o
KENAI PENINSIII,A BOROUGII ASSE~iBI.Y REGUI,AR ~IEI;T1N(; ~.IINtYI'ES
AUGUST 14~ 1979 PAGE 14
ASSEMBI.Y~HiMBER DAVIS [IOVI'll) TO ,~'tEND TO .STRIKE Tilt"- EX-OFFICIO
I~E~IBEP. S A.'-II) TIlE A.xIIiNDMENT FAIl. ED BY A VOTE OF 48.33 "YES" TO
51.17 "NO"; favoring the motion ~qere Elson, Fischer, }lille,
Long and Davis.
TIlE APPOIHTMENTS I~'ERE APPROVEJ) BY A VOTE OF 90,5 "YES" 1'O
9 "NO"; Davis voting negatively.
L. SGIIOOL CONSTRUCT IOIq
(a)
Furniture and Equipment List; Sterling, Anchor
Point, Redoubt, Tustumena Elmaentary schools
and llomer lligh School; approved 7-23-79
ASSE}.IBLY~IE.HBER F ISCtlI;R IqOVED TO APPROVli 'HiE ABOVE EQUIPI,IENT
LIST ANI) TIlE ¥OTE FOR APPROVAL KAS UNAXI~IOUS.
lq. OTIIER BUSINESS
(a) Tax Adjustment Requests
ASSE..'IBLY,~IE.MBER HI I,I,E MOVED TO APPROVE TtlE TAR'S AS t'RESI!NTI-'.i)
BY TIlE ASSESSING DI:PT. AS Fei. LOb'S:
1979 Additions $ 964,334
1979 l)eletions 1,417,434
1978 Additions 18,965
1978 Deletions 103,240
1977 Additions 3,625
1977 Deletions 32,405
TIlE TAR'S KERB APPROVED BY A ~?;MXI3IOUS VOTE.
N. ASSEMBLY MNI} ~YOR'S CO~BIIiNTS
(a) Mayor Gilman reported news of possible approral for
Pacific LNG has bcen in the papers. If the Federal }.mercy
Regulatory Commission approves the project, opponents ~ilI
have an opportunity to appeal through the courts after October.
(b) Mrs. Di~aick reported attending the Planning Commission
meeting Monday night ~here public hearing ~as held on land
disposal. She expressed opposition to a land sale at this time
because of the present economic situation. She also believed
the borough has need for negotiated sales.
(c) Nc. Long reported attending a hearing recently ~hich
~as conducted by state legislative rhpresentatives and State
ttigh~ay Dept. officials. He believed it to be an effort in
futility to try to get the state to assist ~ith the upgrading
of certain state maintainbd roads, such as the North Fork Road
in Anchor Point.
{d) Mr. McCloud requested information aE to ~hen the Ports
and Harbor study would be ready. The City of Seward is ~orking
toward a shipbuilding industry and the study ~ould be of value
to them. The Hayer reported the study ~ill bc availablc in
September.
(e) Nc. Crawford commented that he did not believe Ord.
79-51 on apportionment will resolve the probl¢~m, lie also
mentioned that the salary ordinance for employees should also
include a range X for assemblymembcrs, ~ho are no~ receiving
a salary rather than expense reimbursement.
14 -
O. I'UBIolC CO:,LxlIi~X'I'S [none)
P. I~;I:OR.HAT lOi~Al, :I.VI'F. RIALS AXl) RI:.POR'rS
×o'rlCl.l OF ;~hX'r :.IIiI£TIXt; AXi) AILJOUK~XHIiNT
Pres. Elson announced the n,-.xt regular rneetina wt1! be August
21, 1979 at 7:30 p.~n. .~leettng a,ljourned at S:.IS p.m.
i)ate approved Augu_s_t 21t 1979
ATTEST:
~h~-T' r~d en t
o 1S -
Robert T. Anderson
Olst~i~l I~n~
Union Oil and Gas Divison: Western Region
Union Oil Company of California
P.O. Box 6247, Anchorage, Alaska 99502
Telephone: (907) 276-7600
uRl .n
August 17, 1979
Mayor Vincent J. O'Reilly Jr.
P. O. Box 580
Kenai, Alaska 99611
Cannery Loop Unit
Unit #i Well
Mayor O'Reilly:
We enclose a copy of the Ion§ awaited decision letter stating thaC the
Cannery Loop Unit #l Well has been certified as "capable of productns in
paying quantities".
We request chat Chis letter be included in Union's file for the Cannery
Loop Well.
. ~_ LV/bde
DEn~RT~IENT MINE~DENER~Y~AGEME~
AU G [ 41979
DEC[SZON AUG 1 6 1979
Un,on 0~ Co. of Ca'~forn~a : 0~1 and Gas Lease
P.O. Box 6247 : ADL 60568
Dete~ination of Well Cappble.
of Producin9 in ~a~i. n9 Quantit~gs
By letter of July 5, 1979, Union Oil Company of California
requested that the Cannery Loop Unit %1 Well be certified
capable of producing in paying quantities.
It is hereby determined that the subject well, located on
lands covered by lease ADL 60568, has demonstrated the capa-
bility of producing in paying quantities. Therefore, minimum
royalty payments are applicable in lieu of rental payments for
the lease.
~inimumroyalties for the period beinning July 1, 1979 to
July 1, 1980 will be due on or before July 1, 1980 for the
subject lease.
Ethel H. Nelson
Leasing Manager
KIiNA 1 PI!N IN~;III,A BOIR)II(;II
AGEXIL\ I:OR Till: RI!t:LJI,AI( A,qSI;),HILY MlihTIN(~
JIJI,Y .I. 7, I9'/9; 7:30 I?.~1.
BOlIO[t{;II ABHIX 15'fRA'[' ION B[J ILl)lNG
P. O. gOX 850
SOI.I)O'I'NA, AI,ASKA 99669
- A G I! N D ^ -
A. CAI. I. TO ORI)F.R AND' ROI,I, CAI,L
B, I'I,I:DGIi ~I: AI,LliG[ANCE
C. SEXI'INt; OF XI!W AS.'3E.XlBIoY31131BI!RS (none)
D. .\ GE."41)A APPROV,~L
E. AI'I'I~OVAL OF :dlNIITF, S: .July 3, 1979
F. ORDINAECE IIEARINGS, OR ui'iii'~R PUBI. IC IIEARINGS
(a) Ord. 79-55 "Exe,apting Purchases and Sales
By non Profit Organizations from the Borough
Sales Tax"
(b) Ord. 79-36 "Amending .~oc. tion 5.12.130 of
th~ Borough Code Relating to the Exemption
of liousehold Effects from the Personal
Property Tax"
(c) Ord. 79-38 "Amending the Homer Zoning
Ordindnc'e to Restrict Bwelling Unit
Density in Residential Zones"
(d) Ord. 79-B9 "Providing for the Placing of
Certain Propositions Relating to the North
Peninsula Recreation Service Area Upon the
Ballot of the Next Regular Election"
(e) Ord. 79-34 "Amending Chapter 5.04 of tho
B6rough Cdde By Enacting Section 5.04.021.
to Require an. Ordinance and Public floating
in Determining the Amount from Local Sources
for School Purposes for the Fiscal Year"
G. COXSIDERATIOH OF RESOLUTIONS
(a)
Res. 79-9.1 "Urging the State of Alaska to
Appropri.'i~'e Funds fei' the Year-Round Use
and Maintenance of the North Slope Road"
(b)
Res. 79-95 "Declaring Reprcsentation on the
Bo:rOugh Assembly to Be Misapportioned"
Res. 79-96 "~earding thc Contract for khe
Seld6via Darkroom and Shop Firewctt Project
to Inlet Instruments and Controls"
Cd)
Res. 79-97 (Substitute "Accepting the Low
~ih'-of llernd6n and Xv:arding a Contract for
the Construction of Greet Drive"
(e)
Res. 79-98 "Providing for'the Transfer of
Certain Local'Service Roads and Trails
Program Funds."
l'nge No.
I
1
1
i Appv w/Chg.
I Al)proved
1 Failed l~/Recon.
2 Refer l.'hmnce
Postponed to
8-7-79
3 Enacted as
Amended
4 Enacted
4 Adopted
4 Adopted
4 Adopted
S Adopted
S Adopted
AGENDA FOR )ilNUTES OF JULY
Cf)
· (g)
page No.
Res. 79-99 "Awarding the Contract for the
Rb~d6hbt E~ementary School Fenc{ng and
Playground Equipment Installation Project" 5 Adopted
Res. 79-I00 "Grant~ng Easements to the City
&f"Soldo[ff5 Across the Soldotna liigh School
Property" 5 Adopted
(h) Res. 79-101 "Grunting an Easement to the
~it'y'of' ~lotna for thu l'urpose of Extending
and Paving Biarydale Avenue Along" Borough
School Property" S Adopted
(i) Res. 79-102 "Authorizing Expenditure of
Fundi to [r~rchase a Grumman Type I )lodular
Ambulance for the Nikiski Fire Se{¢ice £rc, a
and A. arding the Bid to O'Neill Seagrave
of Sa;atoga, California" ($34,767) 5 Adopted
Il. INTRODUCTION OF ORDINANCES
{a) Ord. 79-45 "Providing for a Phased Assumption
o'f l(0ad'C0nstructlon and Blaintenance Powers
By the Borough in the Area Outside Cities" S Failed
(b) Ord. 79-46 "Providing for the Rezoning of .
Pip'ts I, II and III of ~oodland Subdivision,
City of Kenai, from Rural Residential District
to Suburban Residential District" 6 Set for llearing
(c) Ord. 79-47 "Authorizing Indebtedness By the
I~suance of Bonds in an ~nount ~ot to Exceed
$6,762,646 for the Purpose of Expanding,
Renovating, Improving, and Equipping the
Central Peninsula General ltospital Facilities,
and Pledging the Full Faith and Credit of
the Central Peninsula Hospital Service Area
for an Annual Levy of Taxes ~ithin the Central
Peninsula llospital Service Area, In an Anount
Sufficient to Pay the Principal and Interest;
Subject to Approval By the Voters in the
Central Peninsula tlospital Service Area at
the Borough Election on October 2, 1979'Z 6 Failed; Recon.
Iext ~leeting
(d) Ord. 79-48 "Providing for Reapportionment
of the Assembly and Establishing Districts
for the Election of Assembly ~embers at
Large gi. thin the Districts ~ubject to the
Approval of the Voters at the Borough Election
on October 2, 1979" 6 Failed; Immed.
Recon Failed
I. FOR~IAL PRESENTATIONS glTll PRIOR NOTICE
J. COb~IITTEE REPORTS
(a) School Board (Long)
(b) OEDI' (Fischer/.Xloses)
(c} Finance (tlille/Cooper/Crawford/t, lcCloud/Corr/
Douglas)
(d) Solid IVaste (Fischer/blartin/Cooper)
(e) Roads and Trails (1.ong/:,lartin/Corr)
(f) Ports and llarbors (Arness/Campbell/Ambariau)
(g) Local Affairs (CampbellJAmbarian/DimraFck/
Arness)
At;ENIIA FOIl .',IINIITI!:; OF .JIJI, Y 17, 1979
· IAI 01, ., .RIH'ORT
(a) l:inauci;~l Report witl be tn the audit
I.. St;lIOOI. {JO.NS I'IIUC'f iON
(a)
Correspondence from KI'BSI) Supt. Fred Pomeroy
HOTIO.~ to approve ~'irum r, Assoc. for schematics
for the ×orth }(enai Junior Iligh School 7 ^pproved
(b) Furniture and Equipment List; Seward High
School and Redoubt Elementary
3 Approved
H. 0 flIER BUSINESS
(n) Memo 80-6 Appointments: I'lanning Commission
and Central Peninsula llospital Board
8 Al,proved
(b)' Tax Adjustment Requests
8 Approved
(c) Request for h'aiver of Penalty and Interest,
Robert P. and Loretta .M. Dale
8 llenied
N. ASSEMBLY AgD ~IAYOR'S C0..I,,i;,ITS
Mr. 5lcCloud; reques[ Reconsideration Ord. 79-47 8
Hr. Ambarian; request Recou$ideration Ord. 79-48 8
Mr. 51artin; motion to call special meeting 7-24 9 Failed
,~.lr. Martin; motion to authorize :IACo travel 9 Failed
Mr. Corr; motion to Table NACo authorization 9 Failed
Mr. llille; motion to Reconsider NACo travel 9
O. PUBLIC CO~.BIE.XTS (none) 9
P. .INFO1BLkTIOXAL ,XL~,TERIALS AND REPORTS
Q. NOTICE OF NEXT 14EETING AND AD)OURN.HENT
10
KENAI PENII~SI~LA BOROdGll
IqlNUTES OF TIlE REGULAR AS~;EMBLY MEETING
JULY 17, 1979; 7:30 P.Ho
BOROUGII AD:,IINISTRATION BUILDI~:G
SOI,I)OTNA, ALASKA
A. CALL TO ORDER AND ROLL CALL
qice President John Davis callc,l the regular asbcmbly meeting
to order at 7:30 p.m.
PRESENT: Assemblymembers Douglas, IIiIle, Long, Martin, McCloud,
Ambarian, Arness, Cooper, Corr, Davis;Atty. Sarisky,
Finance Director Barton, Public l','orks Director ltakert,
Assessor Thomas, Planning Direct-r I:'ar~nf., Admn.
Asst. Don Gallagher, Borough Engineer Conyers,
Borovgh Clerk Brymer
ABSENT AND EXCUSED: Assemblymembers Fischer, .~loses, Elson,
Campbell, Crawford, Dim~nick
B. PLEDGE OF ALLEGIANCE
C. SEATING OF NEll' 'ASSEMBLY~.IEMBERS (none)
D. AGENDA APPROVAL
Clerk Brymer referred to Item G{d) stating P. es. 79-97 Substitute
is on the desks tonight, l. lr. llille asked that Ord. 79-34 be
moved to Item F(f) to provide time to work out an amendment.
There was no objection and so ordered.
E. APPROVAL OF MINUTES: July Z, 1979
The minutes were approved as submitted.
F. ORDIN/u'~CE IIEARINGS, O~ OTHER PUBLIC ilEARIXGS
(a) Ord. 79-35 "Exempting Purchases and Sales By
Rdn 'Profit Organizations from the Borough
Sales Tax"
The ordinance was read by title only as copies .were available
for the public. Vice Pres. Davis opened public hearing.
Mrs. Carla Pay, Drawer F, Kenai, spoke on behalf of the Central
Peninsula Concert Association in support of the ordinance. She
$~ated theirs is a public servlcc ocganization serving the
borough, which has tax exempt status from state and federal taxes.
She reported the group consfsts of dedicated people donating
their tine for the good of the community in bringing high quality
musical entertainment for the lowest cost possible.
Mrs. Dona Rogers explained the sales tax could apply to ticket
sales although they have not collected or paid taxes at this
time. The question had been raised as to whether the tax
would be proper in this instance.
Assembl)~nember Douglas believed this would come under the
exemption for isolated sales in the tax ordinance. :.tr. Barton
stated although seasonal, this activity would not qualify as
"isolated sales". Public hearing was closed.
ASSE~IBLYME:',IBER CORR MOVED FOR 'ENAC'I~,.IE~T OF OM}. 79-35.
- 1 -
Cll[Ot; iltt('~[ill}~, 5[:ltllt; as ;l seller lief l'~qllJrcd to col lear salv:;
t.lx..." (undt.rlined portion is added)
Hr. Ilille reported the Finance Con,,ittee voted ~ to I against
I~;Is:;age of the ordinahce because of anticil~ated l)l'obJcms in
Lbo day to da}' execution of the exemption, but had I)ul. ieved
also that certain organizatimls like the ConcerL Assn., would
he exempt lmder the "isolated sates" clause.
51r. 5Jartin stilted that if the borough follows tho detorginaLions
made by [RS~ which is not lenient, it need not bo a problem.
'rl~cre s~'as further discussin~ on the merits of exe,lpt~ng certain
organizatious and activities and 51r. llillc believed a bo~er
al,preach ~'ould be to begin again addressing charitable
zations rather than non profit concerns.
ASSEI, IBLYI. IEI, IBER IIILLE MOVED TO TABLE ORD. 79-35 Alii) TIlE i.iOTION
FAII,E]) BY A VOTE OF 67.~4 "YliS" TO 25.5 "1;O"; ~.lartin, McCloud,
Arness votie~ negatively.
?.fr. Corr believed people who are donating their time for service
projects should not have to spend additional time on sales tax
reports. }frs. Douglas com~aented lhe borough taxes peopte~ not
organizations.
ASSEt4BLYHE~.fBER COOPER }lOVED TO POSTI'O};E ORD. 79-~5 UNTIL A
GREATER I,I~ORITY OF IlIE A?iEI.IBI.Y IS PRESENT. I.IOTIO~I FAILED
BY A ~OTE 0F 67.34 "YES" TO 25.5 "~O"; Long~ Hartin~ I,fcCloud
voting negatively.
VOTE I~'AS CAI.LE~ O~ 'rile A~II;~D?IENT h'tlICtl PASSE~ BY a VOTE OF
73.84 "YES" TO 19 "t{O"; Cooper and Davis voting negatively.
Vice Pres. IIavis reported his support for the ordinance without
the amendment because if the asse~,~bly had to approve each
organization, it ~eould.be turned into a politicaI situation.
Several members agreed they would like to see a list of approved
organizations if not actually approving each one.
QUESTIOt-; IfAS CALLEO O~ ENACi~IENT AS M. IENBED AND IT FAILED BY
A VOTE OF $2.5 "YES" TO 40.34 '~O"; HILLE, lmbarian, Cooper,
Davis voting negatively.
ASSE~IBLY~IEIIBER MARTI~ GAVE NOTICE OF RECONSIDERATIOIg AT TIlE
NEXT ~IEET I~g.
(b) Ord. 79-36 "~lending Section 5.12.1~0 of
ih~ Borough Code of Ordinances Relating to
the Exemption of llousehold Effects from the
Personal Propert~ Tax"
The ordinance was read by title only as copies leere available
for the public. Public hearing was opened and as no one wished
to speak, was dosed.
ASSEblBLY~BER IilLLE MO¥~ EOR E~AC'I'NEN'I' OF 0~.
~ere ~as a discussion'of various ways to designa.te recreational
vehicles such as sno~achines, off-road vehicles and motor
cycles ~hich are not consistently reported on the personal
property form,
o 2-
!
I~£NAI PI';IH~:;IJI,A BOROIIGII A.';SI;HBL¥ RE(;UI,AR I. IEF, TIIifi ;.llh:llTl!S
ASSE,',IItI.YM£.~IIIER COOPER MOVEIJ TO REFI.Hi Ol.~.;~. 79-36 TO TIlE I:INM~CE
CO~r. II'rTEE AdD IT I'IAS REFERREI} BY A V{i'IL 0I: 74.84 "YES" TO 18
"gO"; Douglas and Hartin voting negatively.
Ord. 79-38 '°A~ending the llomer Zoning Ordin0nce
~~'~t l~;cllJng Unit l)ensJty in Residential
The ordinance b'as r:ad by title only as copies ~e~e available
for the public, Public hearing was opened and as no one v:ished
to speak~ ~las 'closed.
ASSE!.IBI,¥I.IE~'.IBEP. COOPER :.IOVEI2 TO POSTPO~E FI~Ai, AC'HO:; O:I CEIl, 79-38
UI~TIL NEXT ~IEE'IJ.~G AT l;'llI{:ll TIME
IffG PLANI~IN6 CO:~'.IISSIO.% HEARING. ¥O'ff: ~;AS U:iAbII:.IOIJ~.
(d)
Ord. 79-39 "Providing for the Placing of
cb'vt'ate ~roposition~ Relagiag to tile ~ortb
Peninsula Recreation Service Area Upon the
Ballot of the gext Regular Election"
Thc ordinance ~as read by title only as sufficient copies
~ere available for the p~lblic, Public hearing ~as opened;
as no one wished to speal;, public hcariz~g was closed.
/~SE.HP, L¥}.IP.4BER AI',~IESS MOVEI} FOR E?~CI.,L..] OF ORI). 79-39.
~ir. Arness reported the Local Affairs f:omnittce proposed to
delete all but the first proposition to avoid confusion at
the polls. If the board of directors wiahes to hare a special
election later on for additional projects, there arc funds in
the service area contingency fund that could be nude available.
ASSE3~BLYMEFIBER ?.IAETIR MOVED TO STRIEE ALL PROI'OSITIO?;S EXCEI'r
FIRST O~IE, M4EIrJ) TITLE AND Al, SO SECTIO~ 1 t$ FOI, LO~S:
"Section lo That the fo/lowing proposition shall be
placed upon the ballot of those precincts encompassing
the gorth Peninsula Recreation Service Area at ~hc next
regular election:
Proposition l:
Should the g~rth Peninsula Recreation Service Area
po~ers be limited to the operation of a s~inaing pool
facility(on and after June 30, log0)''~
?ho question of authority to provide recreational services in
Tyonek if the proposition is approved ~;aa discussed an~ an~
addition was made to the notion as indicated above.
The neeessity of the propssition was discussed and Atty. Sarisky
commented the ordinance establishing thc ~o. Peni,sula Eecreation
Service Zrea contains a clause ~hich states the board of directors,
subject to assenbl? approval anti appropriation of funds, shall
~lanage and supervise the service area. The a~se~hl? has broad
po~,ers of altering or abolishing and cm~trol of thc p~rse
strings already~ but this proposition h:s~ the effr<t o£ further
edict.
ASSEHBL¥~IEHBER CORR NOVI.II ~'O,~.iE:411 '10 SI'~iKE ]lIE t:11~1 l~l)
PROPOSITIO~S.
lie believed at the budget hearing thc a:;.~¢nbly ~'a:;.cc,r~,,ittcd to
putting other capital projects on the ballot.
o 3-
I~I]'IA l I'1 5~I.~I~IJLA BtH~U,ill A?;I,~I;;I,Y IUi¢;III,AR :ll~F,'rl,*;4 ,*.ll~.~H'l'h'~
:l_U].)'_ £,_% .l.~y) ......................................... ~.';X~;]~ A __
f'ol~o~in?, pub, l~c hoaring~ as ~cre held at','reat~on :~f'
service .~rea to find (mt tdtat lbo lilajoFit)' Of peul) le really
QIIES'I lOX i~.U; CAI,I.LD ASa TIlE ASii.51~'IEN'r FA I LEI/ BY
l'O 7.l.g.I ,,?~lv'; l.on!~ and Corr voting al'f~rsmlivel)'.
I~Ut!SflO?; I(.~S (~AI, i. liil ON :file i. IRsr A~:I?iD?IIiNT AND I'I
VOTF OF 0.1.8.1 "YES" TO 28 "?,o"; Cooper~ Corr and il:il'is voting
negat ire fy.
FOl,l.O~gl%~: FI/RTIH!R ol~iCtJ~i~4lO~{, .~S'H311~I,Y?IIZ. tBI;R Aldrl:%5 ?lOVl!l~ FOR
RECOXSIDERXI'iO?i..~NII Till; 3lO'finN I'AS:;l~il BY A VOTE OF 82,84 "YES"
TO 10 "%n"; Cooper voting ael:atively,
1'OYE O5 'rile .15tE?ii/'.IFXT lEAS .~I.SO g2,8.1 "YEti" TO 10 "NO"; Cooper
vot im~ "~o", .~ND Tile ORI)[NA~i;E AS A?4ENDI!D t~'AS liNAc'rl:',} BY 'fiie
~.~IE VOTE,
ASSE?.IBLY?.IE~.IBER LONg ?.IOVED TO 'iUSPEND TIlE ~ULES IN ~]RDIiR TO
REVISE TIlE AGEND,~ AND TIlE ~lO'~'rON PASSBI] BY A U~ANI~IOU5 VOTE,
ASSESIBLY~IE~IBER LONG lflSllEQ Tf; ACT ONLY ON I~,IPE~TIVE ITI!~IS
THEX A~.JOUI~i, BUT THEY I~ERE SO NII31EROUS TIIE C.,AIR DENIED TIlE
SUSt'ENSION OF TIIE RULES.
Ord. 79-34 "Amending C},apter 5.9,1 of the
W6rough Cdde By linactiag Section 5.04.021
to Require an Ordinance and Pul>ii~ llearing
in Determining the A~,~ount fror,1 L.cal Sources
for School Purposes for the Fiscal Year"
The ordinance ~as read by title only as copies ~ere availablo
for the public. Public hearing was opened. As no one ~-~ished
to speak, hearing vtas closed.
ASSEMBLY31EI, IBER 3L~R'I'IN ~,IOVED FOR ENACt. lENT AND I¥ITIIOUT DISCUSSION
THE ORDINANCE ;¥AS IINANI~IOUSI,Y E~iACTED.
CONSIDEIG~TIO~g OF RESOI,UTIO~-;S
(a) Res, 79-9.~ "Urging the State of Alaska to
Appropriate Funds for the Year-Round Use
and ?.laintenance of the North Slope Road"
ASSE?IBL~IE~aBER COOPER 3IOVED FOR A~OPTIO~; OF RES. 79-94 AND
IilT}IOUT DISCUSSION IT iiAS ADOPTED BY A U~gANI}IOUS BALLOT.
(b) Res, 79-95 "Declaring Representation on the
Borough Assembly to Be ~,lisapportioned"
ASSE3IBLY]-IEgBER BbXRTIN 31OVED FOR ADOPTION OF RES. 79-95 AND IT
1?~ ADOPTED IiITIIOUT DISCUSSION BY A VOTE OF ~]B.g~
"NO"; Corr voting negatively.
(c) lies, 79-96 "Awarding the Contract for tho
~~arkroom and chop Fire~all Project
to Inlet Instruments and Controls"
~SSE)IBLYBIE3IBER COOPER 3IOVEr* FOR ~OPTION OF RES. 79-9~ &~D
~ ,~O~ED I'tlTIIOUT DISCUSSION BY A UNM{IJ4OUS VOTE.
- 4 o
KI';rlAI PENINSUI,A BOROUGII ASSEMBLY REGULAR MEETING MINUTES
J~LY 17t 1979 PAGE S
(d) Res. 79-97 Substitute "Accepting the Low Bid of
llerndon fi Ilerndon an'~ Av~ardin'g a Contract for the
Construction of Greet Drivo"
ASSE,~IBLY,XIEMBFR COOPER MOVED FOR ADOI'TIOR OF RES. 79-97.
Nv. Cooper qnestioned the elin..nation of matting in an area
where there have been problems ~ith the roads and Mr. Conyers
reported the first half mile of the road did not appear to need
matting after soils tests ~'ere made, but the second half xmuld
have it. lle ~aid it ~as a mattor of oconomy and spreading the
funds as far as they would go.
QUF, STION I~AS CALLED AND TIlE RESOI, UTION Al)OPTED BY A UNANI,'.IOUS
VOTE.
(e) Res. 79-98 "Providing for the Transfer of
C~e~rt~iin Local Service Roads and Trails
Program Funds"
ASS~IBLYMt:~IBER LONG .MOVED FOR ADOPTION OF RES. 79-98
AND IT l~AS Al)OPTED $~ITItOUT DISCUSSION BY A UNANI.xlOUS ¥OTE.
(f) Res. 79-99 "Awarding the Con~ract for the
ll'~ffb-h'b-~-~ementary School Fencing and
Playground Equipment Installation Project"
ASSIi~IBL~7,IEI-IBER M. tBARIAN ?,lOVED FOR ADOF'/1ON OF RES. 79-99.AND
IT $';AS ADOPTED I;'ITIIOUT DISCUSSION BY A UNA.';IMOUS VOTE.
(g) Res. 79-100 "Granting Easements to tho City
o-r-g~ Across the Soldotna ltigh School
Property"
ASSEMBLYMEMBER HcCLOUD ?lOVED FOR ADOPTION OF RES. 79-100 AND
IT h'AS ADOPTED I¥ITIIOUT DISCUSSIO:{ BY A UN/~XI:,IOUS VOTE.
(h) Res. 79-101 "Granting an Easenent to the
City of Soldotna For the Purpose of Extending
and PaYing Marydale Avenue Along Borough
School Property"
ASSE}.IBLY~IE}/BER CORN MOVED FOR ADOPTION OF RES. 79-101 AND IT
$~AS ADOPTED I~ITflOUT I)ISCUSSION BY UNANI.qOUS VOTE.
(i) Res. 79-102 "Authorizing Expenditure of
l:unds to Purchase a Grumman Type I :~Iodular
tunbulance for the Nikiski Fire Service
Area and At~'arding the Bid to O'Neill
Seagrave of Saratoga, California"
ASSEIlBLY~IE!.IBt-;R CORR MOVED TO ADOPT RES. 79-102 AIYARI}ING 'HIE
BID IN Tile ,kxlOUNT OF $34,767 ..~NII IT l~'AS Ai~Oi'TI!I} [¥1]'IIOUT
DISCUSSION BY A UNA.XDIOIIS VOTE.
Il. INTRODUCTION OF ORDI.~AX£ES
(a) Ord. 79-45 "Providing for a Phased Assumption
$'f Road Co'nstruction and Maintenance Po,~'ers
By the Borough in the Area Outside Cities"
ASSEMBLIR. IE,~IBER LONG MOX'EI) TO SET ORD. 79-45 FOR IIEARIXG OX
AUGUST 21, 1979.
- 5 -
I(I:N.~,I Pl'.X;l ×.Sill..\ I~()R(qJ(;ll A .... I- .lblA RI:(;IILAR .'.I1:171'1.~;(; ,XlINIJTI!S
..... 1979 ...................................................
JtlI.Y 1_7.~ ................ l'.'\(;li 6
.qr. l.ong fei'erred to .Xh'. Co~:>'er$ who sin. ted the ordinance is
iutrodtlced ill I'eSl~Olla~ to IllillI~' I'eqttest:; for servicer, over the
season. It is prol~osin~: a i,h,s~ed ;q~l)roacls~ $;oin~.. through the
nort~m[ bud.~;et process, l'riorities ~coutd be set ['ollot~ing com-
pletion of the road ::tu,ly ~;,)xc in progress thron~h the l'tanninl~
l)e p t.
~h-. l.ong reporte.l it has been vet)' ffrustrating to have i'oad
projects tt~rned dol~a I)5' the state after nl~ch iqol'k has go~lo itlto
l~lannintl and detet'~ninin!~ needs. Sonletil:leS the state constr.uction
engineer approves a project .,xty to have it turned by the state
I~aintell;l~t'e engineer.
Mr. Arness ret'ailed who.: the borough ~v:~s Formed it sv:ts ~l~ecifi-
rally stated the sta~e ~couId take care of roads. It' subdividers
are req:~ired by ordinance to build roads to required widths and
specifications, many homesteaders will not be able to afford to
subdivide and the entire parcel value i,'ill decrease.
QUESTIOI~ IYAS CAI. LI~D AND TIle ~.IOT{ON FATI.f:I) BY A VOTE OF 5S.84
"YES" TO 37 "frO"; Arnoss, Cooper, Corr and Davis voting nega-
tive!:'.
(b) Ord. 79-46 "Providing for thc Rezor~ng of
Parts i, 'I'I and Iii et l~oodland Subdivision,
City of Kenai, frown Rural Residential l}istrict
to Suburban Residential District"
ASSEMBLY:,IE2.IBER AblBARIAN ~slOVl. l) TO SET ORD. 79-46 FOR IIEARING
ON AUGUST 21~ 1079 AND TIle MOTION leAS APPROVED UNANIblOUSLY~
h'I TIIOUT DISCUSSION.
(c) Ord. 7~-47 "Authorizing Indebtedness ay thc
Issuance of Bonds in an Amount Not to Exceed
$6,762,646 for the Purpose of Expanding,
Renovating, Improving, and Equipping the
Central Peninsula t;eneral tlospital Facilities,
and Pledging the Full Faith and Credit of
the Central Peninsnta ltospital Service Area
for an Annual Levy of Taxes lVithin the Central
Peninsula llospitat Scrvic~ Area, In an Amount
Sufficient to Pay the Principal and interest;
Subject to Approval By the Voters in tho
Central Peninsula Itospital Sev;ic~ Area at
the Borough Election on October 2, 1979"
ASSEMBLY~IE~IBER l~II, l,E ~.IOVEI} TO SET ORD. 79-47 FOR IIEARING ON
AUGUST 2l, 1979 ~ND I~ITItOUT DISCUSSION TIle t. IOTION FAILED BY A
VOTff OF 65.84 "YES" TO 27 ":;O"; Long, Arness and Davis voting
negatively.
(d) erA. 79-48 "Providing for Reapportionment
~ th~ Assembly and Establishing Distr~cts
for the Election of Assembly :,lembers At
Large li'ithia tlc ~istricts Subje':t to the
Approval of the Voters at tho Borough Election
on October 2, 1979"
ASSEFIBLYME)IBER AMBARIAN blOVED TO SET O~. 7a-48 FOR IIE~I~G
ON AUGUST 21, 1979.
fir. Atness stated as shoxgn by Res.' 79-~5 the assembly is malap-
portioned but felt morb problems x~ould dovelop bF adopting any
of the nes¢ plans than by staying s~ith the present system and
adjusting tho t¢eighted votes according to population figures.
o 6-
KENAI PI':hII~!StlI.A BOK~UGII ASSI':blBLY R]'~GULAR HEliTING I, IINUTES
JULY 17, 1979 PAGE 7
lie said among forseeable problems is the lack of representation
from city councils which tho borough act requires.
QUESTION leAS CAI,LEI} AND TIlE MOTION FAIl,ED BY A VOTE OF 20.67
"YES" TO 72.17 "NO"; Ambarian and Cooper voting affirmatively.
I. FOI~L-~,L PRESENTAflONS h'l'l'lJ PRIOR NOTICE (none)
J. CO,',IMI TTEE REPORTS
(a) School Board, .July 9. 1o7q
Mr. Long reported the board approved-asking the assembly to
hire an architect, k'[rum 5 Assoc., for sci~e~aatic drawings
for a No. Kenai Jr. lligh school, lie had brought up the subject
of expensive lighting equipment availability in the Seward
ltigh auditorium and was assured the situation ~..'as being taken
care of.
b~r. llille reported the meeting held 'earlier this da)., with
school board and administration produced no change ~n thc
decisi, on to oppose putting the No. Kenai Jr. liig], on the ballot
this fall but there ;,,ill' be further consideration.-
(b) OEDP Con~mittee; no report
(c) Finance Committee; no report
(d) Solid l~'aste Committee
Mr. Cooper reported the new landfill in llomcr is open for use
and the approved Greet Drive project will expedite the clearing
out of the old site.
(el Roads and Trails Committee
~lr. Long reported the conunittee met to review,' Ord. 79-45.
(fl Ports and Harbors Committee; no repprt
(gl Local Affairs Committee
Bit. Ambarian stated he is appalled that Ord. 7~-4g t,'as not
even set for hearing to provide an opportunity for absent
· moiabers and the public to disc~ss it. lie commented one advant-
age of the ne;~' apportionment plan ;.;ould be that specific areas
outside cities v:ould have direct representation ;~hich they
do not have at this time.
ASSEHBI,Y},IE,MBER AMBARIA:; ASKED FOR I.xDIIiDIATE RI-~CO:LqlDERA'I'IO:; OF
ORD. 79-48. VICE I)RES. DAVIS I:};PORTEI) :.!R. A'.iSARIAN REQUESTI;D
RECONS] I)EIUkTI ON AT TIIE NEXT MEET I NG.
K. IqAYOR'S REPORT {none)
L. SCHOOL CONSTRI!CT [ ON
(a} Correspondence from KI'I;~;D Supt. l'oneroy
ASSEHBLY,ME:.IBER DOUGLAS ,MOVED TO AITRO¥1~ l'}IE t-IR:.I OF I','IRU.H
TO DEVELOP SCIII.2.b~YICS FOR POTENYIAI, CO.',.'~4IRUCT!O:i OF NOItTII Kl::;.-'~l
JUNIOR lllgll SCIIOOL. VOTE i~AS CALLED ANI) MOl i0;; IJ:;AXIHOUSI,Y
APPROVED,
i
KE:~AI Iq:X!.%%lll.\ ;;O!~Olh;lt A!;~H",IIH.Y :tl.t;Ilf,AR %!I.hTIN(; .HINIITE:;
:J!~!:L. l).'_,_ J_2_;'? ............................................ ~_'_A_!;~i s
..'.h'. lliIle o,Lu.I Hr. Fred lh,.,wro~', new .';up.~ i,tfc,dent of :k:hools
t~;ls prescnt ';~nd thc Ch;t r ackllul<lc,l!Icd :llld l~clcol~led Hr. I'olll,.ro~
to tile meet lng.
rurnit',n',' and E,lUil~;~:ent List; ~e:,ar,I Ili.~;h
and I;e,lotfl~t l.I..r~cnlary Sch,ml
,\.q.';I-;HBI.Y:.II':iIII!R LOX,: :.loyl:l)'re .\l'PR0\'Ii TIlE 1.1:7f .\:~ .Hq'ReVEll BY
TILL: SC!!OfH. g0Ail3 .',XI)TIlE :'.lO'l'l,~:,; I'.',:~SI£I! BY A II:L\:;I,HUII:.; t~,\I.I.OT.
.~1. OTIIEI~ I;IlS INE.SS
,~le:,to 80-6 .51)pointment.:;; Planning Commtssi(m
and Central I'cninsula Ilospital ~.oard .\l,pOintmen.ts
ASSE.HBLY.~II..HBIiR Ct)O'?ER .qOYED TO AP!'I',OYIi 'l'hl; .\I'I'OIN'rHENT OF
HR. PETER gl[~{.q'l '10 A 3 Yk.\R TF. ICq O,~; 'file i'L.\:C;IXG CON:.IIS:HON
A.';D }.IRS. VtF'.~;INIA l.O:{G A.';iI .~lR. Jl,',l dOl, IN TO 3 YEAR TER7.1S ON
'IIIE CENTRAL PEXI:.;SULA IlOSPI'rAL SERVICE ARi:A BOARD. MOTION
I'IAS APPROVED I~'ITIiOIlT OBJECTIO:;.
(b) Tax Adjustment Requests
ASSE.~IBIoY;.IE:.iBER COOl'ER flOVEl) 2'0 APPROVE TIIE 'I"X ADJUST.HE,'IT
REQUESTS AS PRESI:::TED BY TIIE AS:HiSSING DEPT. A.~ FOLLOI~'$:
19;'9 Additions $1,048,251
1979 ;)elet ions 60t,189
1978 Additions 99,500
1978 Deletions 143,170
1977 Additions 10,855
1977 ~eletions 16,230
1975 ,lc Ictions 1,180
VOTE O:~ Tile I~|OTION TO APPROVE I','AS U."iA,";I,'.IOUS.
(c) Request for gaiver oF Penalty and Interest;
Robert P. ~ Loretta M, Dale
ASSE.HBI,Y~IE:,IBER t. IcCLOllD MOVEi) TO APPROVE Till:, lgAIVER OF PENALTY
AND INTEREST FO~ ;~oBI;RT-AND LORETTA DALE A?iD TIlE :.IOTIO~ FAILED
ON RECO~.E'IE~DATIO}: 0F TIIE FI~A?ICE DIRECTOR.
N. ASSEMBLY AND ?.LkYOR~S COH:-IE.~TS
~r. ltille believed the assembly owed it to the taxpayers to be
properly apportioned and that some type of proposithm should
be approved for t~e ballot by August 21.
Mr. Long voiced regret for the defeat of the road po~ers
ordinance ~hich he felt would allow roads to be built uithout
many of th- ~mecessary de,ands the state insists on, for less
money.
)ir. I4cCLOUD REQUESTED RECONSIDERATION OF C'.D. 79-47 AT TIlE NEXT
REGULAR OR SPECIAL .~IEETING OF TIlE ASSEIIBLY.
Mr. Ambarian noted his earlier request for I~anediare Reconsideration
o£ Ord. 79-48 had been misunderstood, he intended it for this
meeting.
VOTE I~AS CALLED ON RECONSIDERATION OF ORD. 79-48 ~gD IT FAILED
BY A VOTE OF 29.67 "YES~ TO 63.17 "NO"; A~barian, Cooper and Corr
voting affirmatively.
o 8 -
KENAI 'PIiNINSIII.A BOROUGtl ASSEMBLY RE(;UI,AR'I4EF, TING ~.ilNUTES
JULY 17) 1979 PAl;Ii 9
)iR. MARTIN MOVED TO CALL A SPECIAL HEETING JULY 24, 1979 3'0
DISCUSS REAPPORTIONNI'2;T AND TIIE )lOTION FAILED BY A VOTE OF
64.17 "YES" TO 28.67 "NO"; Dot, glas, llille, and Arness voting
negatively.
~lr. l. lartin recalled during action on tl,e borough budget travel
outside the state wvs lo have been apl)roved by the assembly qnd
no;ing t~to members of the asse~nbly are attending NACo believed
a transfer necessary.
ASSEHBI,Y,~IEHEER MART I,X :.lOVED THE ASSEMBLY AUTIIORIZE T;;'O )IEi. IBERS
TO ATTEND Tllli RACO CONFI!RkNCE IN KAKSAS CITY AND TKAN£FER FUNDS
TO BE UETERI.IINEI) FRO)! ASSEMBLY CON3HNG. L"I~CY ACCOUXT.
Upon question by Vice {'res. Davis, the clerk reported the funding
would come from the assembly travel account, l~'hen the assembly
members return from NACo and there is a final accounting of the
expenses, tile assembly can transfer the funds £rom contingeucy
to the travel account. ~.lr. Ilille r..ported because the t~ip
came at the end of one fiscal year and the beginning of ;mother,
a portion of the funds ~,'ill be coming from each of tl:c two budgets.
ASSEBIBLYHEMBER CORR BIOVED TO TABLE Tile I£SIIE AND TIlE MOTIO:;
FAILEI) BY A VOTE OF 56.67 "YES" 'fO 36.17 "XO"; Douglas, ?.lartin,
McCloud and Ambarian voting negatively.
QUESTION NAS CALLED ON 3'liE ,XlOTION
A VOTE OF 56.84 "YES" TO 36 "~O";
Davis voting negatively.
TO AUTIIORIZE AND IT FAILED BY
Douglas, t4artin, Arness and
HR. lilLI.E lqOVED TO RECONSIDER Tile TRAVEL TO NACO AT TIIE NEXT
IqEET 114G.
VICE PRES. DAVIS STATED TIIERE iVILL BE A SPECIAL,.."EETING OF TIlE
ASSEHBLY TO DISCUSS REAPPORTIOh."bIEXT ON JULY 24, 1979. AT 7:30 P.M.
lit. }IcCloud stated if there is a special meeting, ho would like
to have Ord. 79-47 included on the agenda. 5Ir. Davis did not
object.
Assenblynembe~questioned the validity of holding a special meet-
ing ~hen the assembly has already voted do~n a n, otion to call
such a meeting.
Atty. Sarisky read a portion of AS 29.23.060 ,hich states a
special meeting may be held on the call of the Chairman, the
presiding of£icer or one third of the members upon not less
than 24 hours notice.
The Clerk requested information from 51r. Davis as to what items
would be on the agenda for discussion and he replied, "Reappor-
tionment only."
Vice Pres. Davis requested excused absences for :.:r. Crag'ford
for the month of Jul)', .%Ir. Fischer and Hr. :.loses fo:' tills
:aeeting. There was no objection.
O. PUBLIC COM~.IEXIS (none)
P. INFOILmLXTIOXAL .HATERIALS AXD RI!I'ORT.~
In the packet ~ere minutes of the School Board, :lat Co).mittee
and gikiski Fire Service Area as ~'ell as the I':,LX :.lonthly Status
Report on Various School Projects,
-9 -
)
.IIII.Y 17 1979 PA(iii I0
',;OTICIi IIF ,'il!Xf ,'.ll!t!'l'l';G .',,:ill
l'he next ~icetinl;, .$~ly ?..1, 19~9, the m,xt regular m'etinl;~
?~ugust 7~ 1979, 7:.~0 p.Ja. The mct, tinl: adjourned ~ I0:25 p.Jn.
(The .luly 2.1, 1979 meeting v;;ls later cancelled)
;late approved Aul.,.ust 7, 1979
o 10 o
_ASSI(';II~4E'gT OF LEASE
~ERKAS, ~.H,BURt;ET'f ~O ~S~ATES, I~C., an AI~ corpor~tion,
(~reinnfter ~slAnur). la ~s~ee under that certain i~e agre~t, dated
2/~5/77~ ~hereln ~t leased from CI~ OF KE~A~ certain re.~: prop~rty
locat~ In the ~l ~cording District. Third Judicial DD~trlct. State
of AIa~ deacrlbe~
~ta S~c~ (7) and E~8ht (8), Block ~e (~), of
~K II.ET It~USTRIAL AIR PA~ accord~n8 to P~t
K-~68~ l~at~ fn the K~at ~cord~g
~ttd J~tc~l Olatrlct~ State of Alaa~.
~, aa an ~uc~t to A~ STA~B~ (h~ei~fter call~
~at~ee) for ~ Bank to advn~e to
~ai~or ~shes to aosi~ co ~si~ee its rights u~er sa~ l~se,
~O~, ~E~FORE, in c~sMerati~ of ~ aa collateral for a loan
of certai~ ~les to ~.~. Butnett a~ ~ciates~ Inc.
STA~, ~.H. B~;~ ~ ~C~,
~nvey to ~ STA~ 811 of its intreat l~ a~ :o t~t c~tain
~ of the a~ve~e~rlb~ ~m~ea for the ~a of ~M 1~se, or
uatil a rel~se of this assist is ~ut~ by ~si~e a~ deliver~
to ~si~r ~l~t~ :~t ~ ~aa for ~h~h th~ ~sl~nt of l~se
is colOr.al ~s be~ fully
~slg~e s~1I ~t ~ obli~t~ to ~rfom or diverge ~y obli~-
t~a~ guty ~ l~bllity u~cr ~ 1~ a8rem~t
a~ees to ~nify ~ ~ ~sl~ ~mless of a~ fr~ any a~ ali
l~blllt~, ~ss or g~8e ~h it ~y or
~ u~ x by ra~a of this assist.
DA~: at ~i~ ~s~ this 16th day of ~at, 1979
Assi~ee:
Alaska, before ~e personally r v~ I
~; ~ he ~1~8~ ~ ~ t~C ~'~cut~ the f~oifl8
of ~ ~ a~ off he. If of g.H. ~ ~ ~. ll;C.; t~t he
la the ~~of ~ cor~rat~ a~ IG aut~r/~
~te; that he ~ t~ ~nt~te t~ a~ t~t t~ ~e vas the free
a~ votary ~C of ~M ~r~rac~n. by h~ p~fo~.
l~ ~1~S ~, I hereto set ~ ~ ~
/
~ry ~bl~
~ OF ~l~
~I~ JUDIG~L DI~TRIC~ )
~IS ~ TO C~I~ t~t on the ~ ~g of August. 1979~ at
~s~, ~fore ~ p~11y app~r~ ~.
~ ~ ~I~8~ ~ ~ t~lt he ~cut~ t~ f~e~i~ai~v of
for a~ on he. If of ~ STA~B~;K; t~t he lo
of ~ ~nk~s cut.rathe a~ Is aut~riz~ to ~ ~e~ute;
tbecont~ts t~ ~ t~t the ~ vas the free and volun~ry
cor~rat~n, by bin perfor=p~.
I I;~I~;~S ~F. I hereunto zet ~/ h,~d a~ ~a~.~~~
'~tar9 P~blic
Assignee herby assu~s ami agrees to abide by all the terns, conditions
and restrictions pertaining to the above°described property as contained
tn the plat thereof, or in the terns and conditions of the aboYeorefer-
ence4 lease, provided, h~raever, that this assumption by assignee shall
take effect and ~t11 be enforceabie against said assignee in the event
and only tn the event that the assignee takes possessto~ of the
under and pursuant to tt~ Deed of Trust heretnaf~r referenced and
ce~es the o~er of the. refore~ced lease.
T~I?J~ JC~ICIAL DIST2!~T )
~ the ~(-rcl~ed, ~ ~o~ar7 F,~blfc fn and fo~
to do ~.
28, 1979
!ir. Dou~ Haynes
P~ven Transit
P. O. Box 6067
Xena£, Ak 99611
Dear I{ro Ilaynes=
A~ you are aware, your lease of the Raven Transit floor
space at t.h~e~ai I4unicipal Airport Terminal has not
rene~led for the year pursuant to C£ty Council direction
b~au~e of your inability to agree to move your allottexI
floor space to another ~ection of tho t~rminal building.
Your lease =~ before the Council for reconsi~ration again
at its last meeting of August 15, 1979 ~glerein the Council
diro=~d the City Administration to notify you that if the
~aven Transit lease, in the format d~scribing the n~ floor
location, is ~ot executed and presented to the Council by
Septe~ber 15, 1979 then eviction pro¢~edings should be
started to have Raven Transit ~emoved from the Airport
T~rminal.
The ne~t regular m~oting of the Council i~ on September 5,
1979. The lea~e in i~6 revised format ~hould be received
the Ci~] of ~enai no later than Thursday, August 29th in
order to place it on the agenda.
Also, if you wish to appear before the Ctty Counci! on
SeptoJ~b~r 9, 1979, you ~hould infom the City Clerk on or
before Thursday, Atlgust 30, 1979 in order to place yourself
on the agenda.
Very truly yours,
Jim $~all~y
Airport Operation Officer
~S/~d
P.O. Box 11746
Tucson, A~izona 85734
Pmmo (602) 294.3481
August lO, t979
Mr, Ern~e Schlerth
City Attorney
Kenai, Alaska
Dear Sir:
With reference to th~ Lockheed Constellation, we are
endeavoring to repair the aircraft as expeditiously
as possible, Due to the relative scarcity of the
replacement engine for chis particular aircraft we
have experienced some delay in the repair and re~oval
o£ this aircra£t. However, we have Just obtained a
source and hope to have the engine at the repair site
shortly. We feel confident that the work will be
completed well within the required time.
Thank you for your cooperation in this matter.
Sincerely,
HAIIILTON AVIATION~
uordon D. IL~milton
Vice President
CDH/mec
~UG 13 1~0
,. JAY $. HAMMOND, Governor
!
DIVISION OF POLICY DEVELOPMENT AND PLANNING
c ,.w % co.,..,/
l~r. John E. Wiser Manager
City of Ke~t
e,O, Box ~80
Ke~t, ~as~ 99511
August 08, I979
POUCH AD
JUNEAU, ALASKA §9811
PHONE: 465.3512
Subject= COASTAL COHMUNITY OIL SPILL CONTINGINCY PLAN
Dear Mr. Wise:
1"ne subject project has been submitted to the State Clearinghouse
for review. Your agency is invt£ed to revte~ aad co~ent on the
attached information concerning the project.
Pertinent comments m/cbt include how the project could affect your
agency*e present and future operations, and the project's potential
impact on those concerns ~hich fall within the responsibilities and
expertise of your agency.
The Clearinghouse has assigned State No. SV160-79080309
to the project. Please use this number in all future correspondence
concerning this project.
To be considered, your comments should reach this office by 09-11-79.
~nclosure
ely,
State Federal Coordinator
01oA~LH
IrIIoP, r-IAIlON PA(,[ - PART I
Applicant's
Alaska Department of Environmental Conservation, Pouch 0, Ju_n_e_a._u, Alaska 99811 _
name of applicant ............... ~d'~lress ci ty -- z'~ p
Federal employer I.D. #
__ W. A. Publicover, Tanker S~zeclalist (9o7) 465-2609
contact person and title telephone #
type of CEIP funding requested: [~KPtanning Grant'
. yDoes applicant have 20% match available? Yes No
(mark one box) l~]Environmental/Recreational
Grant
(non-¢0nstru~ti'bn~ ·
Title and brief description of project: Coastal Community Oil Spill Contingency
PlanC This project wtll develop an oll spill contingency plan for a coastal
community. The plan will be integrated with state and federal contlngcncy
plans and will detail the co~unlty's responsibility and role in both
nuisance spills and catastrophic spills.
Project duration: 12 months
Priority of this project, if applying for more than one grant under a given category:
Proposed funding:
Federal $44,600
State --
Municipal
CERTIFICATION -- To the best of my know'ledge,
information in this application is true and
correct, the document has been duly authorized
by the governing body of the applicant, and the
applicant will comply with attached assurances
if the assistance is approved.
Other
TOTAL $4q,600
typed name and title
da tO ? '~l -~n '~O~-?-/~ ...................
Narrative - Part II
Instructions: Please be complete. If more room is needed, attach an additional
page(s). Complete information from the outset will help provide timely review
of your application.
1. Statement of the
(i.e. work tasks
goals of proposed project and how they will be accomplished
and results). What should the finished product b()?
The goal of the proposed project ls to develop a plan for a coastal
community that will assist them in coping with oll and hazardous
substances spills, including LNG spills. The plan would address two
scenarios--the small nuisance splJi (less than 100 gallons) where the
community wou]d have a very active role in cleanup, and the. catastrophic
spill where the community would host a large federally-managed cleanup
force, for an extended period of time. The flnlshed product would be a
plan for one coastal community. The plan format would be adapted to
other community plans ~s funds become available. The p:ans would be
consistent with the local development and CZM plans and would be integrated
into State, federal, and industry cleanup plans.
Description of the proposal's relationship to known or anticipated energy
development in your area..
Selectlon of the first community to be assisted wobld be the inltlal task
of this project. Candidate coastal communities that are or may be impacted
by energy development include:
3:
Homer - Lower Cook Inlet drilling in progress
Kodiak' - OCS lease sale pending
Yakutat - 'Gulf of Alaska drilling in progress
North Slope Borough - Beaufort Sea lease pending
Valdez - Alyeska terminal in operation; A1petco refinery pending
Nik~ski - LNG terminal
Description of the energy development and the type of social, economic,
environmental and physical impacts expected from it.
Offshore oii and=gas development greatly Increase industrial actlvltles'in
the co~euni'~ used as a support base. Supply boats, aircraft, construction
equipment, trucklng, and other internal combustion engine users cause an
increase in ot] use, transfer and storage. In turn, there will be an
increase in small nuisance spills. There is also the possibility of a major
oli discharge due to a well blowout. Should this occur,' the o11 spill could
continue for many months. The communlty co~tlngency plan will cover the
long-term cleanup of a catastrophic spill where the communlty is a host to
emergency forces for an extended period of time.
An LNG terminal pose~ a different risk, fire and explosion. The proposed
plan would address the communities~ response in terms of burn center and
victlm evacuation, traffic control, fire perlmeters, coordlnation with the
facillty plans, and with the State disaster pi'an.
'4. -Answer this question on!.¥ if you are applySng for an env~ronm~.~ntal/recreaLiunal
grant. Nhat "unavoi(lal)],:" toss is to l~e prevented, t'educ~,d or repaired?
Can this project be started for less funding than requested.(i.e., smaller scale
or phased project)? If so, state how. If not, state why.
This is an initial effort to develop a spill plan that is integrated with
other state and federal agency plans. State funding is not available and
less funding ~ould not produce a competent plan on a timely basis. This
funding level is sufficient to develop the plan format and apply it to
produce one community plan and perhaps start a second one.
'6.
What other sources of funding have you sought or contemplated for this project?
*StaLe funds were requested Jn both FY 79 and 80 budgets for a person to do
this type of planning. However, state funds uere not provided in either
years.
7. Other projects, approved or' anticipated, that are related to this project.
This project would bring contingency planning to the community level. Prior
efforts' have developed a state plan, coordinated ADEC and ADF~G actJvlties
with theUSCG and EPA and ~ith the oil industry spill cooperatives.
8. Additional comments supporting the need for this project.
This project is a step in assisting local government to cope with some of
the unexpected effects of OCS energy development adjacent to their com-
munity. It is both necessary and timely.
BUDGET IIIFORI.1ATIOI'I--P^RT !II
Instructions: If you plan to hire a consultant for this project, complete
sections A and C only. If you plan to do this project inhouse complete
sections B and C on.l~,...
Section A (Consultant on Contract)_
Amount for Contractual $
Amount for administration of project
TOTAl.
Section B (In-house)
Personal Services
(Salaries & benefits) $ )3,400
Travel ' ~,o00
Contractual services 6,7o0
Commodities 250
Equipment 250
Other --
.TOTAL $ ~q,600
Section C--Exp. lanation
How did you estimate the costs of this project? Cite similar studies, assumptions
used, or other information on which costs are based.
17 EFO presently
Cost estlmte Is based on comparable costs for level
working In the 0ii Pollution Control Program based In Juneau.
Personal services--Environmental Field Officer il, $ )),bOO
level 17
Travel--monthly trips to community 4,000
Contractual--phone, office space, printing and 6,700
graphics for plan
Commodities--office supplies 250
Equlpment--pocke~ tape recorder 250
· · of ALASKA
· ..?,;......, . :. -. ,.
-.. ~.~,:..' ..
..;,~- ;: .-'., :.: · .
.-,.;. .... .~; .,- : .~ : ..
?.'~-.-i...tO, [- Date: July 18,
~.;:.':..~:.,. ~/. E. I,/i I I lams
."~.::?..' ..-.. C£1P I~oordlnaLor , FILENO
~"~::,*'.' '" Department of Community .
· .t;'.-.-'.~'; F~o~. Ernst ~/ Huet,f'~i~EZ~:=~. .' ': SUSJ~CT.. App] icatlon for CEIP Funding
;,'~";"-'r- .......... ; 'L:~'~- -' ' ". , '-' -- .
v',,'.~ :;;;;' · ;~ '~umm[ ss zoner ....... ·.
'..~. ~_~2~., '"~. Department of Environmental . ...
,~..: .,, '.""'. Conservat ton ' -' ' '; ,.-., :..
,,?.~'~;~.'- ..... ....,. . .,....... '~ ....... ..~. . . . . . · ·
~.; *"' ~-~'~' ' ' '° ' ' *~' * ' "~' "7 '
:..... i ....- ":' -
~. ~¥.' · .
r~'.,',),i~ ' I*m submitting an application for CEIP funding for a project to develop
.:.~;.,... : a community oil spill contingency plan. This ts a pilot project that
";-'" ~ wi11 provide a coastal community with a mechanls,i for coping with oli
.~.:',~. ;: . . ·
-:.?!-~-':, :~,.~. :,, . and hazardous substances spills, Including LNG--both routlne nuisance .- -,
~',-~;'.~.. :spills. (e.g, a lO0-gal~on[s.p!!I, from a supply boat) and catastrophic spills.
..~'.r-.~.? . ' ...... .~ ..... ~"':~':."?' t' .'.' ' . --
..-',--. ~; ..~.';: ' , :
:,,.[~-....;.,.Recent experience' In' Seldovla and Cordova has demonstrated that the . ..
.... ~. Influx of a federally supported cleanup force of even /~0 to 50 personnel
.-',,.-.'-',,' has a significant Impact on a community. Demands for housing, sustenance,
~'2':-':~> .' transportation, photo service, surveillance alrcraft, boats of all --
:i:":'~". sizes, laundry services, telephones, local labor, specialized services
..'..::. such as heavy equipment operators, salvage, demol lt~on, drill lng, earth ' '
'L:7:' moving equipment and many.other support activities have a significant
.-;c.-: - . socioeconomic impact on a community. In the event of a major sp111 from
.'?... ' a tanker or well blowout for example, the larger cleanup force, increased
,,~r..?. publ lc concern, media coverage and extended time for cleanup would only
,.~,.,.. ". magnify and prolong cnmmunlty' involvement.
'... ~,.~[: .~ .. :
:~,,-~. ~e propose to develop a taft, unity plan to cope with this scale of impact. ...
:.}~4-'..":.' 'Initially it would be a pilot plan for one coastal community but in a
:~:'.~"~''".~format that could be applled to others The plan would be Integrated
-'~:i..~ '- Into the State's contlngency plan and disaster plans and with Coast
...... · - -: Guard and Industry plans. In addition, It would be coordinated with the -.
.-...~:~- - community development and man.agement plans. '
,g~.::.: ; · I~m requesting funds for this project because by working with the community . -
:"~."',:~;.. . .' to plan an organized community response, we ~II1 ~be able to get down to .,'..,5~'
.,,~-~'..;.,...' ' -..-the. business of cleanup in a minimum of time. I believe that this .
"~"-'"" ".~.,~,?. '-.. · project.'is both appropriate and tlmely and request your favorable consideratlon.
'L.-'.',' Should you have any questions, please feel free to contact Bill Publlcover
'~"~'" at q65-260~. ' '" . .'.' '.'
._a;::';-. ' ' . . . . · . o ?~...
· ':.~,;-.. Enclosure .' ; .:.;;_~' ...' .'.. o':'.~:"
o. ,. !~ . . .'- . ....., ..... :-... .., :.,
.~'*/- % ', : .... · ...*" · , ·
~.~"-~:','.-~,.~.;, . .... , ~-.' -~ ..'~ ' '; . . : -::'. .... .".,. r,. ~, ~ I' ! ~! !' r~ . .- - ~.' .'.;T~.
.' . ... R t::: L ! V r_ u ' ,.
~.'.~,:-.:~ .;( .... . . :?* ''¢.:;.'. ?: "~.' '."-'-,~':' - ~'.,..'-'.* '~ . ~ ....... ~ ,~art - "-~::'~-;;--"
f~ k.~-'~','~:~","-~[ 'k".-';-'°;...~;;:'-' ~ ;".' ' ";, nrn~' nc pn'l,~.~ ~ [~'~ ~l-I'/~llt~)~ LUtS~..-.'.,'~..
.-'*"*'-~-~.:~' ?. ..-~.. .. .... ~:.: .- , . . . ~.., ~,..: ,.7 ..- ...... .
'.~.,'~;:--. ~.~.: ;', :~ ..~ .:. .- ..... '.- o-.' '- ...... :-. n~,, ~..~ Lqzg .' . ". :_: '~,~"
; ' - : ' .. -'. '.v:..:'
".~--- '~' ;~- L:"-"' ': ~. ;- '~" "'"" · ' ; ..... ' '' ..... " ' '"-.,
';g;.~;~?..-:,',.'-'.?';~,.':."?';-'.;:;~-:.: ,' .... ' . . ' ' -:':~. :. .: . -." -,-' :' :' :' , , .:." '.'. '~-'"
· ~3~,e.,~%-£;'~,t-.~.-;j ...... ;_* ~ : ~. .,,.-" · ~' . .. -. ._ ~ . .- .~' -, .'---',,.- '.. -',-- ';."
:~,;R~' ~v,.~_~_ ,..~.z-,. -..:.!, .-,.~.~ .~ .. ~ .,. . .... ,~. ~,.:. . . . ,, . ,...~ ;., -. . . · .... . .; ·. .... . .... .. .,,,, ,
.,,-~.;~,~.e,-.~.~_ ~,~.,~ 1~..~.~.',~.'.- ,,.? '~¢.-~-~ ~.., ".?,~,.---..;.. -, ~- . -;-'.. 2.-' -'. · ' , ' ,. -., ~ '~ · . ~ - · .... *.' '
From:
Subject:
Date:
Honorable Vincent O'Reilly
b~yor, City of Kenai
~]ief Richard Ross
Kenai Police Department
Kenai Peninsula District Attorney's Office
8-27-79
On 8-21-79, the Chiefs of Police frcm the Kenai Peninsula met with
District Attorney Tom Wardell. At that tJ~,~ we were advised that
in addition to present problems we were experiencing with the D.A. 's
office because of the increasing criminal case load, that cases
would now be subject to dismissal on the basis of time. priorities.
These dismissals ~0uld be admittedly otherwise prosecutable cases,
but whose priority would fall below other pending cases.
Statement of Problem:
1) There is inadequate case preparation prior to trial with the
District Attorney's and the investigating officers.
2) Criminal cases are being dismissed for no other reason
lack of time to prosecute them.
3) Preparation and presentation of criminal cases going tx) trial
is less than desirable. The D.A. 's office is in effect "outgunned"
by defense resources. (Representative of this is that there are
tg~ Public Defenders on the Peninsula that handle approximately
50% of the criminal c~ses handled by the two prosecutors.)
Analysis of Probl~:
1) The two prosecutors assigned to ~]]e Kenai Peninsula are unable
to adequately handle the increasing case load on the Peninsula.
2) It Js physically impossible for the District Attorney's office
to mdequately handle the present criminal case calendering in the
four courts in the three Peninsula cities (Kenai, Seward and Homer).
Proposed Solution:
It is reco~nended that the staff of the Kenai Peninsula District
Attorney's office, presently consisting of t~o (2) prosecutors
and two (2) clerical personnel be increased as follcx~:
1. One additional Assistant District Attorney.
2. One additional clerical position.
Justification:
~he criminal case load on the Kenai Peninsula is the third heaviest
served by one District Attorney's office in the State of Alaska.
The tables on the following pages, taken frcm the 1978 Alaska Court System
Annual report, will reflect the following:
1) ~ile Anchorage has five (5) times the criminal case filings of the Kenai
Peninsula, it has ten and on-half (10%) times the prosecutorial resources.
2) While Fairbanks has 1.8 times the criminal case filings of the Kenai
Peninsula, it has four and one-half(4½) times the prosecutorial resources.
3) Juneau, with only 90% of the criminal case filings of the Kenai Peninsula,
has 33% more prosecutorial and clerical resources (not including the Assist-
ant Attorney General's office in Juneau).
Reo~,~ndation:
lature request that one of the following courses of action be t~ken as soon
1) The St~ff of the District Attorney's office be increased by one Assistant
District At~Drney and one clerical position through new position allocations.
2) The staff of the District Attorney's office be increased as above through
reassigrm~nt of present position allocations statewide.
Sincerely,
__ ,,;-'
.Z'
Chief of Police
k~SIGN~.~T OF DISTRICF ATFORNEYS
Location:
Anchorage
No. of Courts:
23
No. of District Attorneys:
21 (includes 1 paralegal and 1 legal intern;
does not include 4 Attorneys in Anghorage
Appeals Divis'~ on)
Fairban~
9 (includes 1 paralegal)
Kenai
Juneau
4 2
(in three cities)
3 (in addition to resources from Assistant
Attorney General's office)
1978 AIASKACO3RTSFILINGS
Total Filinqs
% of State~dde Total
Anchorage 63,821 48.3%
FairbanP~ 21,709 16.4%
Kenai Peninsula 11,262 8.5%
(three cities)
Juneeu 10,415 7.9%
1978 .%~UPERIOR COURT CRI~kLFILINGS
Felonies: Other: Total:
A.~chorage 261 238 499
Fairbanks 167 63 230
Kenai 80 16 96
'Juneau 63 16 89
SUPERIOR COURT FEI/kX%' FILING~S
% increase:
Location: 1975 1976 1977 1978 75-78 77-78
Anchorage 476 366 338 261 -45 -23
Fairbanks 203 227 195 167 -18 -14
Kenai 31 26 23 80 +158 +248
Juneau 43 23 26 63 +47 +142
DISTRICT COURT CRI~TINAL FILINGS
Location: Criminal: Traffic: Total:
Anchorage 11,772 37,434 49,204
Fairbanks 3,086 14,581 17,667
Kenai Peninsula 1,809 7,897 9,706
Juneau 986 7,766 8,752
Incr~se in the case load, as reflected above, for the Kenai Peni~ula
have continued through the first eight months of 1979. It should also be
noted that while the felony criminal case load on the Peninsula has increased
significantly since 1976, it has declined in Anchorage and Fairbanks during
this same period.
S~sbject:
Vincent O'P~illy, Mayor
Richard P~ss, Chief of police
Vandali~ in Mall parking lot
Your mem~rar~um ~f 8-13-79
August 28, 1979
Mr. Dave Curtis, local }~mnager of the Kenai Mall property, and
myself discussed the .~roblems in the ~11 on 7-24-79. At that time,
several options were discussed as to restriction of night-time
traffic in the ~'all parking lot area. Anticipating that by doing
se the incidence of vandalism %~)uld decrease. The primary
tion, as see~ by our agency, being that the Carrs' Mall could _post
the lot for h~urs of closure, and enforce these hours t~%rough
citizen initiated arrests for tre _spass with the Kenai Police
Department accepting i~nediate custody of those arrested.
On 8-16-79, ,4r. Curtis ~s again contacted on this matt~.r. He
advised that the P~al F~tate Department oF Carrs' in Anchorage
~zas oonsidering~ the options and had not yet made a decision on
the matter.
Chief of .Police.
$,..,v Royce I, 6o,~
Ae
AGENDA
KENAI CITY COUNCIL - REGULAR MEETING
SEPTEMBER 5, 1979 - 7:O0 P .M.
KENAI PUBLIC SAFETY BUILDING
PLEDGE OF ALLEGIANCE
ROLL CALL
AGENDA APPROVAL
Be
Ce
De
Fe
HEARINGS
I. Ordinance 455-78, Tidelands- "----~ ....... ~ -_...!'~.r =.__~.;:~-~-~*_~-=
2. Ordinance 520-79, Amending Ord. 488-79, ~odifleations to five sewer lift stations
PERSONS PRES]~NT SCHEDULED TO BE
1. Mr. Oscar Thomas representing Kenai Utility Service Corporation
(Letter attached from Dale Teel, President, Alaska (las & Service Co. ) .
2. Mr. Thomas BeDunnah, consideration of reversing penalty & interest charges
MINUTES
1. Minutes of the special meeting of August 15, 1979
2. Minutes of the regula~ meeting of August 15, 1979
CORRESPONDENCE
OLD BUSINESS
1. Report on facility known as the ."Mukluk Building"
NEW BUSLN~ESS
I. Bills to be paid - bills to be ratified
2. Requisitions exceeding $500
3. Ordinance 521-79, increasing estimated revenues/appror,.~lations - State Jail
Contract Fund in the amount of $3,600
4. Ordinance 522-79, increasing estimated revenues/appropriations ~
~Ah'pcrt Runway Paving" in the amount of $65,000
5. Ordinance 523-79, increasing estimated revenues/appropriations in the amount
of $37,500 for the purchase of the City's Shop Building & approval of appraisal
6. Resolution 79-120, establishing a rate of return at 6% for lease of City lands
AGENDA, Page Two
He
7. Resolution 79-121, purchase of striping machine for the Airport
8. Resolution 79-122, transfer of funds in "Airport Runway Paving" project
9. Resolution 79-123, purchase of used vehicle for Airport Operations Manager
10. Resolution 79-124, award of bids for petroleum products to various companies
11. Resolution 79-125, award of bid for purchase of gravel from Bob Borgen
12. Resolution 79-126, directing Public Works to install water/sewe~' service
lines to Government Lot 7, Section 5, Ori~nal Townsite (Cresswell property)
13. Payment to Architect Carmen Gintoli for professional ser~ricee
14. Payments to EnKlneering Firm, CH2M Hill, for professional services
15. Contract Change Order//4 - Cordova Construction
16. Final Estimate No. 2 - Cordova Construction
17. Agreement between City and Sergeant Lonnie Kalar
18. Contract between Cit~ of Kenai and Division of Corrections
19. Council consideration - vacation proceedings for Church Subdivision
20. Right-of-Way Agreement between City and Union Oii Cor~oany of California
21. Approval of construction of softball fields in Gusty Subdivision
22. Council constderafl~ located along Willow Street
REPORTS
1. City Manager
2. City Attorney
3. lVlayor
4. City Clerk
5. Finance Director
6. Planning & Zoning Commission
7. Peninsula Borough Assembly
8. Harbor Commission
MAYOR & COUNCIL - QUESTIONS AND COI~ENTS
PERSONS PRESENT NOT SCHEDULED TO BE HEARD
ADJOURNMENT
T~-LEPHONE POLL
At the regular Council meeting of Aul~ust 15, 1979, by formal motion,
Administration was instimeted to obtain an independent person to make
a report after inspection of the facility known as the Mukluk Building
to determine approximate costs to make the building adequate for use by
the City as warm storage for equipment.
Administration contacted Mike Taurtanen, PE, who has stated he would
do the necessary work for a "not to exceed- figure of $$00.
The Kenat City Council was polled on August 20, 1979 and the following is
a result of that poll: .
YES : NO
AMBARIAN
BAILI~
OMCK
MAI~TON
OtRBILLY
NOT AVAILABLR
FOR VOTING