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1982-06-16 Council Packet
Kenai City Council Meeting Packet June 16, 1982 AGENDA - KENAI CITY COUNCIL - REGULAR MEETING JUNE 16, 1982 - 700 PM PLEDGE OF ALLEGIANCE -� A. ROLL CALL 1. Agenda Approval i S. PERSONS PRESENT SCHEDULED TA BE HgqEAP 1. Bob Anderson, Union oil - &lad" Problem at 344ese sites C. PUBLIC HEARINGS "� Q' 1. Ordinance 778-82 - Decreasing Rev/Appns Senior ,.,,..,...'• r �f% Citizens Center Grant - (02,210) -f",y�;,:�,,,�,�r;`� •- .s'• _"✓:�i - ',,-. rr .� 2. Ordinance 779-82 - Charter Amendment - Use of Funds from Sale of City Lands for Capital �,I Improvements 3. Ordinance 780-82 - Increasing Rov/Appns - - ' .... _ Library Donations - 0600 4. Ordinance 781-82 - Increasing Rev/Appns - Sewer Treatment Plant - $26,450 .d -;,- 5. Resolution 82-56 Awarding Contract - Radio Maintenance, Misc_ Depts. 016,818 6. Resolution 82-57 - Transfer of Funds Forest Dr. Extended z Gill - $2,195 a. Change Order 01 - Harvey's Trucking - Forest Dr. Extended i Gill - $2,194.78 7. Resolution 82-58 - Transfer of Funds - Lawton, Tinker. Walker, Rogers - 01,539 a. Change Order 85 - Quality Asphalt Paving - - Lawton, Tinker, walker, Rogers - 01,539.09 S. Resolution 82-59 - Award of Bid - Miss. Concrete - -. Block Bidgs. to Contractors Supply 9. Resolution 82-60 - Awarding Bid for Rotary Snowblower to Howard Cooper Corp. . 10. Resolution 82-61 - Requesting Governor Veto on HCSCS 88-180 (Judiciary) AM H on Revisions of Title 29 ;; y-� _•, 11. Renewal of Liquor License - Peninsula Oilers :: .•: D. MINUTES '-`r• 1. Regular Meeting, June 2, 1982 y E. CORRESPONDENCE 1. Homer Electric - Relocation of Power Poles P. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 782-82 - Decreasing Rev/Appns - Sewer Treatment Plant Const. - 0532,753) a. Public Hearing -- +w.. ,., .� i...• ... n....-i.i� .. .• .. .. ....,__- ,. .�.- .. .. _ ._ .__.__•-• r _-_mow ____ -- -- - __ - - - __-_--- a3�e^..i'd1i�.Y��ecs:rr :�s.�:x:r+�✓_'� 4. Ordinance 783-82 - Increasing Rev/Appns - �^ Library Grant - $4,675 5. Ordinaeo 784-82 - Increasing Rev/Appns - Maint- enanco of Russian Orthodox Church Parish House - $2,000 6. Ordinance 785-82 - Repeal KMC - Appt. of Acting City Clark 7. Addendum to Lease - Great Northern Investment Corp. S. Consent to Assignment - Baldwin L Arness to Kenai Professional Ltd. 9. Assignment of Lease - Colette Yamamoto to Ron Yamamoto - Little Ski-Mo 10. Discussion - Paving of Strawberry Rd. - Borough Project 11. PiZ Resolution to Amend KMC to Exempt Subdiv- isions Prepared by City and to Allow Subdividers to Post Security Other than Surety or Check 12. Amendment to Lease - Southeentral Air - Installation of Fueling System f 13. Discussion - Lands Conveyed to City By Tax Foreclosure of Borough ; ii H. REPORTS - • 1. City Manager 2. City Atl rney 3. Mayor 4. City Clark S. Finance Director 6. Planning s Zoning 7. Harbor Commission S. Recreation Commission I. PERSONS PRESENT HOT SCHEDULED TO BE HEARD ADJOURNMENT __1 COUNCIL MEETING 01: �; - � (o _ � �, _ tl\ /n / R09' a a] MIN i C-I CITY OF KENAI ORDINANCE NO. 778-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE KENAI SENIOR CITIZEN'S PROJECT FY 1981-82 BY $2,210 IN RECOGNITION OF A GRANT DECREASE FROM THE ALASKA DEPARTMENT OF ADMINISTRATION. WHEREAS, by Ordinance 726-81, the City has appropriated $131,632 of State grant monies toward the Kenai Senior Citizen's Center Project, and WHEREAS, the State of Alaska has notified the City that the grant has been reduced to $129,753 because of Federal cuts in the Older Americans Act Title III funds to the State, and WHEREAS, the City's required matching monies will be reduced from $23,229 to $22,898. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following decreases in estimated revenues and appropriations be made in the Kenai Senior Citizen's Project FY 1981-82s Decrease Estimated Revenues: State Grant ($ 1,879) Rental -Ft. Kenay (In -kind) j .IUL k1_421101 Decrease Appropriations: sacial-larzimu Rent (In -kind) ($ 148) Professional Services t 1,0701 11 C=re9atg_M2a1as. Rent (in -kind) ($ 183) Professional Services j___,_8,091 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day Of June, 1982, ATTESTS -- ;' Janet Whelan, City Clerk Approved by Finance: e; VINCENT O'REILLY, MAYOR - First Reading: June 2, 1982 Second Reading: June 16, 1982 Effective Date: June 16, 1982 r J J C-3 CITY OF KENAI ORDINANCE 140. 780-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1981-82 GENERAL FUND BUDGET BY $600 FOR LIBRARY DONATIONS. WHEREAS, the City has received approximately $3,150 in donations and charges for lost and damaged books, of which $2,550 has previously been appropriated, and WHEREAS, the Librarian has asked that this additional $600 be appropriated for the purchase of library books. WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be wades an"a"Und Increase Estimated Revenuess Library Donations $600 Increase Appropriations: Library -Books $600 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1982. ATTESTs Janet Whelan, Ciky Clerk Approved by Finances _ I«i?_ VINCENT O'REILLY, MAYOR First Readings June 2, 1982 Second Readings June 16, 1982 Effective Dates June 16, 1982 0 f'+a I I ii C-q CITY OF KENAI ORDINANCE NO, 781-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN FACILITIES DESIGN CAPITAL PROJECT FUND BY $26,450, AND TRANSFERRING $3,875 WITHIN THE FUND, AS A RESULT OF AMENDMENT NO. 4 TO CH2M HILL'S ENGINEERING CONTRACT ON THE SEWER TREATMENT PLANT EXPANSION PROJECT. WHEREAS, the City of Kenai has approved Amendment #4 to CH2M Hill's engineering contract on the Sewer Treatment Plant expansion project, and the State of Alaska has subsequently approved this amendment, and WHEREAS, this amendment adds $30t325 to the cost of the project, of which $3,875 may be transferred within the Fund, and WHEREAS, the remaining $26,450 is being provided by a grant increase from the Environmental Protection Agency in the amount of $19,838, a grant increase from the Department of Environmental Conservation in the amount of $3,306, and by appropriation of City bond monies of $3,306. WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, thats fia2ti2a—Is The following increases in estimated revenues and appropriations be males Increase Estimated Revenues: 1974 Refunding Bonds (Water and Sewer) $3,306 State Grant 3,306 Federal Grant 119.All MAK Increase Appropriations; Engineering INLAID. 1 I ggg�j,Qp_�s The following transfers in the Facilities Design Capital Project fund be mades Froms Administration $1,375 Rights -of -way Tos Engineering PASSED BY THE COUNCIL OF THE CITY OF KMIAI, ALASKA, this 16th day of June, 1982. INCENT VO'REILLY ATTESTS NNE----M•---EMI - Janet Whelan, City, ma First Readings June 2, 1982 second Readings June 16, 1982 Effective Dates June 16, 1982 Approved by Finances _Md - tj- 3 i 1 • i � I1 2 i CITY OF KENAI RESOLUTION N0, 82-56 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING A CONTRACT TO SOUTHCENTRAL C014MUNICATIONS CO. FOR RADIO MAINTENANCE FOR FY 82-83 IN THE AMOUNT OF $16,818. WHEREAS, on June 3, 1982, bids were opened for radio maintenance for FY 82-83, and the following bids were receiveds Communications Water Annual Company Department Department Total Southcentral Communications Co. $12,950 $3,868 $16,818 Motorola -Bid #1 - - 24,480 Motorola -Bid #2 - - 16,740 WHEREAS, Southcentral Communication's bid offers the City the advantages of faster response time for service calls and convenience in dealing with a local vendor and a cost of only $78 per year over the lowest bid, and WHEREAS, adequate monies have been appropriated in the 1982-83 budget for this expenditure. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that a contract be awarded to Southcentral Communications Co. for radio maintenance for FY 82-83 in the amount of $16,818. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day Of June, 1982. VINCENT O'REILLY, MAYOR ATTESTS Janet Whelea, CityClarkr Approved by Finances ,3 a TO: William Brighton, City Manager FROM: Richard Ross, Chief of Police SUB.IGCT: Radio Maintenance Contract DATE: .June 3, 1982 Radio maintenance bids were opened on 6-3-82 at 10:00AFt. There were two bidders: 1. South Central Communications: Total bid was $16,818. per year or $1401.50 0 month a) $12,950. per year ($1079.17 @ month) to be charged against General Fund Communications Repairs and Maintenance. b) $3868. per year ($322.33 0 month) to be charged against Water and Sewer Fund for maintenance of in -track system and 8 status units. South Central bid on additive alternate for maintenance of Departmental rs.i es at the rate of $125. @ month or $1500. per year. va v✓ 2. Motorola - Bid 01 dated 5-24-82: Total bid was for $2040. 0 month or $24,480. per year. No break -down is given between General Fund Communications and Water and Sewer Fund. Motorola declined to submit a bid on the additive alternate maintenance of radar units. 3. Motorola - Bid 02 dated .Tune 1, 1982: Total bid was for $1395 « month or $16,740. per year. No break -down is given between General Fund Communications and Water and Sewer Fund. Motorola declined to submit a bid on the additive alternate maintenance of radars. Recommendations: 1. South Central Communications be awarded the contract for main- tenance of the City's radios for the amount of $12,950. per year. , South Central Communications be awarded the contract for main- tenance of the City's Water and Sewer In -'track system and 8 status units for the amount of $3868. Total bid award to South Central Communications in the amount of $16,818. per year. 2. The award of the additive alternative for maintenance of the radar equipment not be given at this time. South Central has agreed to a 60 day extension of their offer during which time this option pti n could be c.xercized. .Justification: 1. South Central's bid is lower than Motorola's bid 01. 1. 11hile Motorola's bid M2 is $6.50 0 month (.40) lower than South Centrals, it does not meet the one hour emergency re- sponse time for service of base stations on consoles. It addresses the rationale for this requirement by offering to provide three back-up p base stations. 3. South Central Communications has a local facility and main- tenance staff. Motorola is located in Anchorage with no local facilities or staffing. Motorola would be providing mainten- ance services by having repairmen responding from Anchorage to handle service calls and routine maintenance. Fast service provision and convenience in dealing with a local repair center are key factors in this recommendation of award of bid to South Central. rd C- 6 -� CITY OF KENAI RESOLUTION NO. 82-57 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE FOREST DRIVE EXTENDED AND GILL STREET CAPITAL PROJECT FUNDS Proms Contingency ($2,195) Tos Construction $2,195 This transfer provides monies for Change Order #1 to Harley's --- Trucking's contract on Forest Drive Extended and Gill Streets. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1982. VINCENT�O'R*ILLY, MAYOR ATTESTS J Janet Whelan, City Clerk Approved by Finances � h F [9 -ram 4 � E 0 CHANGE ORDER N0: } i'rt• act Forest Drive Extended s Gill street Initiation Date lv Ale2 Contractor Harvey's Trucking City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: � Net change in contract price due to this C.O. 7 _ 1 1 f T+ � i C- CITY OF KENAI RESOLUTION NO. 82-58 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THAT THE FOLLOWING TRANSFER OF MONIES BE MADE IN THE LAWTON, TINKER, - WALKER,, ROGERS, CAPITAL PROJECT FUND: Froms Contingency ($1,539) To: Construction $1,539 -_- This transfer provides monies for change order #5 to the Quality Asphalt Paving contract on this project. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1982. VINCENT OfREILLY, MAYOR ATTEST: J Janet Whelan, City Clerk Approved by Finance: F + ,II k q' •q i i ii i , i ti J r i C:O• ••se!lt to on Page of approved by on C A N G E 0P.D�R N0: 5 1:5 Project Lawton, Tinker, Walker, Rogers Initiation Datc Contractor Quality Asphalt Paving City of Kenai You are hereby requested to comply with the following changes from the contract plans and specifications: Item No. Description of changes - quantities, units, unit prices, charge in Zompletion :schedule, etc. Increas: or (Decrease) Add a new Bid Item - Farce Account, to perform the following: Remove installed 18" CMP that heads northerly out of S603, a structure located 2' It. of Sta. 69+81 on Walker Lane and relay at a lower grade and elevation so that a direct conflict is averted with an 8" DIP sewer line crossing at approximate sta. 70+51. Cost of performing the work is determined in accordance with Articles 10.4, 11.4, 11.5 and 11.6 of the Project Manual. $1,539.09 The 8" DIP sewer line crossing5 discharge line fray the sewer lift station left to the 10" AC sanitary sewer main located 12 feet right of the Walker Lane centerline. For purposes of this work it is unrelocatable and unadjustable. • Xet change in contract price due to this C.O. $1,539.09 s CHANGE IN CONTRACT TIME CHANGE IN CONTRACT AMOUNT Original -Time 150-days Original Contract Amount $1,219,822.50 Previous C.O.s 3 days � Previous Change Orders 23,523.42 This Change Order 0 I This Charge Order 1,539.09 2c .sed Contracf Time 153 Lla�.,,Revised Contract Amount 1 244 885.01 _oj (Attacted) W—ovel is fail justification of each item on this C.O. including its effect on o:-eration and rnin•rnance east This C.O. is not valid until sinned by both the Owner and Engineer. Kenai city council has to approve all C.,.s. Contra:tor's •s=nacure indicates his atreeteent herewith, including any adjustment in toe contract sun or Conti ict time. 3y By"011By Engineer C actor caner Jatt• G�—S=z- Hate L,—_ Date i f A0 X X WLA /IV • yf� �•L ESQ ,C iq/t/�r- �' L �'/� t/Nip !_ ii= /- S M I -A OF DsTo -- - - ` D./. SEINER LW - s i r �OIV T BE'TweEnl sEwE',e Al DRA/A/ .L/NE i -- NOTES • � /. ALL STAT/ON/NG REFERS TD RpgD I 1 . _ CENTER[/NE. 2. ALL P/PE LE/VGTHS .4N LOPES J REFER TO P/P£ CENTF�i i+c rA • r doxon GOLOOT..w.LAIXA'RX3.0 CONSULTING ENGINEER ..V!1;..F:•_.61M -� Mike _ .E. June 5, 1982 Keith Kornelis Director of Public Works City of Kenai Box 580 Kenai, Alaska 99611 Subjects Lawton, Tinker, Walker, Rogers 1981 Street Improvements Unforeseen Work Not Covered by Contract Items - Change Order No. 5 Keith: On Thursday morn ing, June 3. 1982, the subcontractor, Zubeck Excavating, on the above project started out of the storm drain manhole, 5603, that was set 2' LT of Station 69+81 on Walker Lane excavating for and placing 18" C>!+1P northerly toward S604, 2' LT of Station 73+00. The operation continued normally until the 8" DIP discharge out of the Sewer Lift Station (left of the Tern -Walker intersection) to 100 AC Sanitary Sewer Line was uncovered. A direct conflict became evident. The sewer line would cross dead center within the 180 aw. The easiest resolution to the problem was the removal of the three lengths of installed drainage pipe and restarting from manhole 5603. The invert at B603 was lowered 0.2 of a foot and the pipe was regrouted into the structure. The 3 lengths of pipe were installed at a lower grade that allowed the top of the 18" CMP to just barely clear the bottom of the crossing sewer line. The entire operation consumed three (3) hours. The men and equipment and the cost involved in this unforeseen work follows . F I � Labor 2 operators - Base Rate 20.47 @ 3 hours = $122.82 3 pipe layers - Base Rate 1 @ $19.03 for 3 hours 57.09 2 @ 018.03 for 3 hours 108.18 1 mechanic - oiler - Base Rate 1 @ $20.47 for 3 hours 61.41 s 349.50 Benefits plus employee Costs, 40% 132..60 I Labor Cost Subcontractor 489.30 10% Subcontractor's Profit 48.23 I ' i Total Labor Cost $538.23 i F�tti�ent 2 yard B900A Warner Swasey Backhoe, i $125/hr. for 3 hours $375.00 Self-propelled Vibrator Roller, 3 hours @ $71.48 214.44 450 J.Deere DEozer with all attachments, 3 hours @ $36.50 109.50 6" J. Deere Loader 3 hours @ $50.00 150.00 1 Plate Vibrator 3 hours @ $4.00 12-00 f Equipment Costs - Base and Bluebook Prices $860.94 Racsnitnlatin� � �� i Labor 0538.23 Equipment Subtotal 1,399.17 . .. Contractor's Fee Cost of the Work $1,539.09 !- Change Order No. 5 will increase the Contract amount by $1,539.09. The resolution of the pipe conflicts was accomplished as expeditiously and reasonable as possible. I�r Change Order No. 5 is attached and presented for approval. `.. Sincerely, Justin Maile II, Project Engineer JM/k/r cc Project File Files W asr�+w i 0 t/ if �✓ ��� CITY OF KENAI RESOLUTION NO. 82-59 �8 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AS9ARDINC THE BID FOR MISCELLANEOUS CONCRETE BLOCK BUILDINGS TO CONTRACTORS SUPPLY CORPORATION. WHEREAS, the following bids were received June 9, 1982. !;IDDER Item 1 Item 2 Item 3 Item 4 TOTAL O F S Construction 600.00 7,000.00 11,900.00 11,800.00 31,300.00* Huddleston Stewart 6SO.00 8,010.00 9,505.50 9,SOS.SO 27,671.00 Contractors Supply 420.00 7,061.00 5,172.00 5,172.00 17,825.00 Johnston Alaska 350.00 6,9SS.00 8,759.40 8,759.40 24,823.80 *Bid rejected --no Bid Bond --.%,I9HEREAS, Item No. 1 is to remove old outhcuse at the beach; Item No. 2 is to construct new outhouse at the beach; Item No. 3 is to construct Chlorine Building No. 1; Item No. 4 is to construct Chlorine Building No. 2; and WHEREAS, the recommendation from the Public Yorks Department and the Recreation Director is to award the bid to Contractors Supply Corporation for the amount of $17,825.00, and WHEREAS, sufficient funds are appropriated. NOW, THEREFOS&,.BELIT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the biA for Miscellaneous Concrete Block Buildings - 1982 be awarded to Contractors Supply Corporation for the amount of $17,82S.Off PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1982. i2A4 .4 v ATTEST: i anet ti a an, City Clerk Approved by Finance: JAP VINCENT O REILL , MAYOR 10 yel f ' a 0. e �� � C- 8 CITY OF KENAI RESOLUTION NO. 82-59 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING i THE BID FOR MISCELLANEOUS CONCRETE BLOC:: BUILDINGS TO CONTRACTORS SUPPLY CORPORATION. WHEREAS, the following bids were received June 9, 1982. i BIDDER Item 1 Item 2 Item 3 Item 4 TOTAL G & S Construction 600.00 7,000.00 11,900.00 11,800.00 31,300.00* Huddleston Stewart 650.00 8,010.00 9,505.50 9,505.50 27,671.00 Contractors Supply 420.00 7,061.00 5,172.00 5,172.00 17,825.00 Johnston Alaska 350.00 6,955.00 8,759.40 8,759.40 24,823.80 *Bid rejected --no Bid Bond WHEREAS, Item No. 1 is to remove old outhouse at the beach; Item No. 2 is to construct new outhouse at the beach; Item No. 3 is to construct Chlorine Building No. 1; Item No. 4 is to construct Chlorine Building No. 2; and WHEREAS, the recommendation from the Public Works Department and the Recreation Director is to award the bid to Contractors Supply Corporation for the amount of $17,825.00, and WHEREAS, sufficient funds are appropriated. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for Miscellaneous Concrete Block Buildings - 1982 be awarded to Contractors Supply Corporation for the amount of $17,825.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1982. VI,WUNT MAYOR ATTEST: snot tie an, City Clerk Approved by Finance: Im J C.9 CITY OF KENAI RESOLUTION NO. 82-60 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, AWARDING THE BID FOR ONE ROTARY SNOW BLOWER TO HOWARD COOPER CORP. WHEREAS, the following bids were received for the above mentioned snow blower on June 10, 1982. Bidder Bid Price Item Evans Engine $189,271.00 SMI 7500 Howard Cooper Corp. 169,710.00 Oshkosh-H-2318 Yukon Equip. Co. 176,500.00 Schmidt TS-4 Idaho PJorland Corp. 178,350.00 2EC-3000-52 Snowblast 163#222.00 (Basic bid) RAH S-3000 H 6,982.00 (option) 170,204.00 Craig Taylor Equip. NO BID WHEREAS, the lowest bid of $163,222.00 did not provide dual engine operation according to specifications and does not provide the optional four wheel steering, and WHEREAS, the recommendation from the Public Works Department and Airport Manager is to award the bid to HOWARD COOPER CORP. for the amount of $169,710.00. WHEREAS, sufficient ADAP monies are appropriated. NOI7, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the bid for one Rotary Snow Blower be awarded to SCWARD COOPER CORP, for the amount of $169,710.00. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day Of June, 1982. ATTEST: Janet I elan, City Clerk^ Approved by Finance: VINCENT�O'REILLY, MAYCR~ I 10 REQUESTED BY COUNCIL1404ik GLICK i CITY OF KENAI RESOLUTION NO. 82-61 A RESOLUTION OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REQUESTING THE GOVERNOR'S VETO ON HCSCS SB 180 (JUDICIARY) AM H. WHEREAS, Senate Bill 180, as originally drafted, was essentially a technical measure to improve the application of the provisions of the State Municipal Code (Title 29) without making substantive changes in the code, and WHEREAS, these improvements were developed under the auspices of the Alaska Municipal League, a joint Senate and House Community and Regional Affairs Committee, and a task force of legislators and municipal officials, who met extensively over a two-year period in work sessions and in public hearings held in Juneau, Anchorage, Fairbanks, and Palmer, and WHEREAS, the original version of SB-180 as presented to the Legislature met the conditions of improving Title 29 without making significant alterations in its substance and as such was j supported by the Fairbanks North Star Borough through its participation in the Alaska Municipal League, and J WHEREAS, in the course of legislative floor actions, major r amendments were adopted to SB-180 which distorted its original intent and significantly revised the scope, powers, and provisions of Title 29, to wit: --an exemption from local property tax rolls of all unimproved land having trees, and --a provision to determine local population for revenue sharing purposes which could create inconsistent population counts and result in major shifts in the' distribution of state assistance to local governments. ' WHEREAS, there could be a significant impact on our tax base if some of these unimproved properties were removed from City tax rolls. r 1 I WHEREAS, the revision of procedures for the determination of population would result in substantial revenue losses to the City of Kenai, and WHEREAS, in spite of the serious objections raised by municipalities to these amendments, SB-180 has now been approved in its amended form by both Souses of the State Legislature. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the City of Kenai call upon Governor Hammond to veto this legislation which would create serious and long-standing difficulties in the operation of local government in Alaska. BE IT FURTHER RESOLVED that the City of Kenai voice its strong objections to the use of amendments to SB-180 to promote goals of special and restricted interests to the detriment of the public at large in Alaska. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 16th day of June, 1982. VINCENT O'REILLY, MAYOR ATTEST: Janet Whelan, City Clerk `A W i r - KENAl R ENINSULA BOROUGH BOX 850 SOLDOTNA ALASKA 99669 PHONE 262.4441 • { >� VAN tH,WP! COt, w 1 i ' Nine 9, 1982 i r I Betty Calhoun - - Records 6 Licensing Supervisor Alcoholic Beverage Control Board J d'C1 East 9th Ave. Anchorage, ,%K 99501 Re: Liquor license - Peninsula Oilers Safe*all Club, inc. I Dear Ms. Calhoun: ' The Keriai Peninsula Borough :.ithr-raws my pr--)test-mjainst the issuance of a liquor license for Peninsula Oilers 6asebali Club, Inc. _ Ail delinquent sales taxes are paid to date. _ - 9 Y1oure, truly, _ ^ Andrew R. Sarisky , $orr.ugh Attorney i ARS: Ic cc: Cl(-rk, City of K(,nai I Peninsula Oilers Baseball Club, Inc. � CITY OF KENAI „ad ea piW aj 4Zad a„ P. O. BOX 500 KENAI, ALASKA 99611 TELEPHONE 283 • 7636 June 8, 1982 0: Council ROM: Janet Whelan City Clerk / E: Peninsula Oilers Renewal of Liquor License n April 22, 1982 the Alcoholic Beverage Control Board evoked the liquor license for the Peninsula Oilers for of filing returns and non-payment of taxes. On June 4 he ABC contacted me and said that the ABC Board had econsidered and decided to renew their liquor license s the Oilers had filed and paid up through 1981. They sked if the Council could approve their application s soon as possible. I confirmed payment with the orough and explained to the Borough and ABC that our ode states a telephone poll can only be used for fund- ng items, we would have to delay action till the June 16 eeting. Their first game is June 20. Upon decision y the Council, I will notify the ABC. w O O O D D JAY NAWW00, 0000 DEPARTMENT OF REVF.NITE r` 201 EAST 9TH, AVENUE ALCONOUCBEVERAGECONTROLBOARD ANCHORAGE, ALASKA 99601 June 9, 1982 Janet Whelan, Clerk City of Kenai P.O. Box 580 Kenai, AK 99611 Dear Ms. Whelan: We are in receipt of the following application(s) for renewal of a liquor license(s) within the City of Kenai You are being notified as required by AS 04.11.5ZO. RECREATIONAL SITE Peninsula Oilers The renewal application was reconsidered at the June 3, 1982 board meeting and approved. A local governing body as defined under AS 04.21.0800 0) may protest the approval of the application(s) pursuant to AS 04.11.480 by furnishing the , i board and the applicant with a clear and concise written statement of reasons Tn support of a protest of the application within 30 days of receipt of this notice. If a protest is filed, the board will not approve the application unless it finds that the protest is arbitrary, capricious and unreasonable. Instead, in accordance with AS O4.11.510(b), the board will notify the applicant that the application is denied for the reasons stated in the protest. The applicant is entitled to an informal conference with either the director or the board and, if not satisfied by the informal conference, is entitled to a formal hearing in accordance with AS 44.62.330-44.62.630. IF THE APPLICANT REQUESTS A HEARING, THE MUNICIPALITY MUST COME FORWARD AT THE HEARING WITH EVIDENCE AND ARGUMENT IN SUPPORT OF YOUR PROTEST. Under AS O4.11.420(a), the board may not issue a license or permit for premises in a municipality where a zoning regulation or ordinance prohibits the sale or consumption of alcoholic beverages, unless a variance of the regulation or ordinance has been approved. Under AS O4.11.420(b) munici- palities must inform the board of zoning regulations or ordinances which pro- hibit the sale or consumption of alcoholic beverages. If you wish to protest the application referenced above, please do so in the prescribed manner and within the prescribed time. Please show proof of service upon the applicant. Under regulation 15 AAC 104.145(c) the board will grant a local governing body an extension of 30 days in which to pro- test an application if a request is filed in writing within the original 30-day period. If a municipal zoning regulation or ordinance prohibits the sale or con- sumption of alcoholic beverages at the proposed premises and no variance of the regulation or ordinance has been approved, please so notify us and provide a certified copy of the relevant regulation or ordinance if you have not previously done so. PROTEST UNDER AS O4.11.480 AND THE PROHIBITION OF SALE OR CONSUMPTION OF ALCOHOLIC BEVERAGES AS REQUIRED BY ZONING REGULATION OR ORDINANCE UNDER AS O4.11.420(a) ARE TWO SEPARATE AND DISTINCT SUBJECTS. Please bear that in mind in responding to this notice. BLC:vk Enc. 't 1 Sincerely, Betty L. Calhoon Records & Licensing Supervisor (907) 277-8638 �-I AGENDA KENAI CITY COUNCIL - REGULAR MEETING JUNE 2, 1982 - 7:00 PM PLEDGE OF ALLEGIANCE A. ROLL CALL Agenda Approval B. PERSONS PRESENT SCHEDULED TO BE HEARD C. PUBLIC HEARINGS 1. Ordinance 777-82 - Approving Budget for FY 1982-83 2. Resolution 82-47 - Establishing Rate of Levy and Property Tax, FY 1982-83 3. Resolution 82-48 - Establishing Airport Terminal Lease hates & Fee Schedule for FY 1982-83 4. Resolution 82-49 - Transfer of Funds - Chairs for Senior Citizen Center - $4,560 S. Resolution 82-50 - Awarding Janitorial Contracts - City Hall, Library, Airport Terminal 6. Resolution 82-51 - Transfer of Funds - Main St. Loop, Barnacle Way - Change Order #3 - $1,000 a. Change Order #3 - Doyle Const. - $1,000 7. Resolution 82-52 - Transfer of Funds - Lawton, Walker, Tinker, Rogers - Change Order #4 - $13,220 a. Change Order #4 - Quality Asphalt - $13,219.80 8. Resolution 82-53 - Awarding Bid - Chain Link Fencing, Mt. McKinley Fence - $34,522.36 9. Resolution 82-54 - Transfer of Funds - Federal Revenue Sharing - Controller for Well House #101 - $3,500 10. Transfer of Liquor License - Pizza Paradisos, from A. Macheras to G. Pitsilionis 11. Resolution 82-55 - Transfer of Funds - Street Sweeping - $2,500 D. MINUTES 1. Regular Meeting, May 19, 1982 E. CORRESPONDENCE 1. Governor Hammond - Per Capita Revenues 2. Nikiski Fire Dept. - Acknowledgement of Back- up Support 3. Division of Elections - Reapportionment Regulations x� I F. OLD BUSINESS G. NEW BUSINESS 1. Bills to be Paid, Bills to be Ratified 2. Requisitions Exceeding $1,000 3. Ordinance 778-82 - Increasing Rev/Appns - Grant Decrease in Senior Citizen Program - $2,210 4. Ordinance 779-82 - Charter Amendment for Oct. 6, 1982 Election, Sale of City -Owned Lands 5. Ordinance 780-82 - Increasing Rev/Appns - Library Donations - $600 6. Ordinance 781-82 - Increasing Rev/Appns - Sewer Treatment Plant Expansion - Amendment #4, CH2M Hill - $3,875 7. Assignment of Lease - Ray Cason to Kimbrell/ Diamond S. Amendment of Airport Lease - Cook Inlet Enterprises H. REPORTS 1. City Manager 2. City Attorney 3. Mayor 4. City Clerk S. Finance Director 6. Planning & Zoning 7. Harbor Commission = S. Recreation Commission I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD ADJOURNMENT i t !' 0 ._��a�.,.............. 4 r KENAI CITY COUNCIL - REGULAR MEETING, MINUTES JUNE 2, 1982 - 7s00 PH KENAI CITY ADMINISTRATION BUILDING MAYOR VINCENT O'REILLY PRESIDING PLEDGE OF ALLEGIANCE A. ROLL CALL Presents John Wise, Vincent O'Reilly, Betty Glick, Ron Malston, Ray Measles, Dick Mueller, Tom Wagoner Absents None AGENDA APPROVAL 1. Councilwoman Glick asked that item 0-4, Ord. 779-82 be withdrawn. This was an ordinance originally considered in 1979. She had asked to have it reconsidered, Atty. Delahay had some problems with it and asked to review it. 2. Councilwoman Glick asked to have Ord. 772-82, distributed this date (6-2-82) be reconsidered as item F-1. There is a legal problem with it. Council agreed to the changes. B. PERSONS PRESENT SCHEDULED TO BE HEARD None C. PUBLIC HEARINGS C-1 Ordinance 777-82 - Approving Budget for FY 1982-83 MOTIONS Councilman Wagoner moved, seconded by Councilwoman Glick, to adopt the ordinance. Public Comments A imal Control Officer Hamar spoke. Before he discussed the budget, he asked to submit his resignation, effective July 1, 1982. Animal control is the City's most serious problem— It is the Council's duty to establish priorities, he cannot agree with their decision. Other departments have grown drastically, Animal Control has not. He has been denied raises and criticized for trying to enforce the Code. He has asked for additional help for 4 years. Council needs to re -prioritize what the City's needs and wants are. Councilman Wagoner said Administration should accept the resign- ation and go on with other business. Notion passed, with Councilman Malston voting no. C-2 Resolution 82-47 - Establishing Rate of Levy and Property Tax, FY 1982-83 NOTION: Councilwoman Glick moved, seconded by Councilman Wagoner, to adopt the resolution. There was no public comment. Councilman Wise said we are relying too heavily on sales tax. Gross revenue from the Borough has dropped. We will have to change the mill rate again. Council- man Wagoner said Kenai's population has not varied, The Borough's has. Revenue from sales tax has in- creased every year. Councilman Malston said we are r R , KEVAI CITY COUNCIL JUNE 2, 1982 Page 2 relying too much on State Revenue Sharing, he will -;-.:4 •--; V vote against the resolution. . - - - Motion passed, with Mayor O'Reilly, Councilwoman ... Glick, Councilmen Measles, Mueller, Wagoner voting yes; Councilmen Wise, Malston voting no. C-3 Resolution 82-48 - Establishing Airport Terminal Lease Rates a Pee Schedule for PY 1982-83 MOTION: _ Councilwoman Glick moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. �:,=•., Councilwoman Glick asked, what is the difference between the proposed rates and what we have now? .. rr,M;, ...... =�-•"-- "=-'-••"`••`'=-_�• Airport Manager Swalley replied it 1s the same as - ;�_ r :!. _ ' last year. He explained one of the reasons for _ _ •_ this is because we are in a state of repair, and . also because we have no basis for an estimate. In • ...tic-�:. the past we have gone 2 years without changing the - rates. Councilwoman Glick noted utility rates have -- increased in other City facilities, w111 they in- crease in the airport? Mr. Swalley explained they .yam are increasing the square footage so they will meet the increase. Councilwoman Glick asked, on the same subject, has Administration met with the users regarding their needs? Mr. Swalley replied, yes, they have received ' one negative reply and 3 commitments. Councilman Wise asked if a decision has been made as to where they will be located? Mr. Swalley replied the architect has made on area larger and decided to give it to Wien. Councilman Wise said there were to be drawings submitted. Councilman Wagoner asked that this be held till Carmen Gintoli gets back and - review with him. Atty. Delahay suggested there could be new amounts made when the airport is com- plete. - -_ - MOTION, Amendments — •- `_'= Councilwoman Glick moved, seconded by Councilman _ Malston, to amend the resolution to delete "THROUGH - JUNE 30, 1983" in the title, and add, "until completion of renovation." MOTION, Change in Amendments Councilwoman Glick moved, with consent of second, _ to add the word "substantial" before "completion." VOTE, Amendments Motion passed unanimously by roll call vote. VOTE, Main Motion as Amended: Motion passed unanimously by roll call vote. Councilwoman Glick asked that Administration enter into negotiations upon substantial completion. Mayor O'Reilly complimented City Manager Brighton, Finance Director Brown and Mrs. Parnell for their budget work. It was extremely well done. fir;.-•�1^.�h��� ' •f.-1 �. _ 1^ r 0 KENAI CITY COUNCIL JUNE 2, 1982 Page 3 C-4 Resolution 82-49 - Transfer of Funds - Chairs for Senior Citizen Center - $4,560 MOTIONS Councilman Malston moved, seconded by Councilwoman Glick, to adopt the resolution. There was no public comment. Motion passed by unanimous consent. C-5 Resolution 82-50 - Awarding Janitorial Contracts - City Hall, Library, Airport Terminal MOTION: Councilman Measles moved, seconded by Councilwoman Glick, to adopt the resolution. Public Comments Fred Parnell, Seaver Janitorial. He had come to promote his bid. He bid on the terminal building only. In the initial contract, the bids had to include the new carpet. His bid is somewhat higher than the Administration bud5et, his equipment is the main reason for the additional charge. He did not have the equipment, but would guarantee it would be available. He asked Council to consider his expertise and the help he has and reconsider the bid. Councilwoman Glick said in the 2nd WHEREAS, Council has considered the expertise. She asked if we had Day i Night Janitorial before. Acct. Parnell replied, yes, for the police station. Councilman Wagoner asked if the other people included the same equipment in their bids. Airport Manager Swalley replied yes. Mayor O'Reilly asked if this included snow shoveling also? City Manager Brighton replied yes. NOTION, Amendments Councilman Wise moved, seconded by Councilwoman Glick, to amend the resolution to read, at the end of the "HOW THEREFORE- paragraph, "the lowest bid of A-1 Janitorial being rejected for failure to meet bidding specifications which required bidding based on construction phases." NOTION, Postponements Councilman Wise moved, seconded by Councilwoman Glick, to postpone this item till the June 16, 1982 meeting. Councilman Wagoner explained he would like to talk to Chief Ross before accepting the bid and see if Day i Night Janitorial can do the job. MOTION, Changes Councilman Wagoner moved, with consent of second, to change postponement to table. Intention of Council was to table till Chief Ross arrived. KENAI CITY COUNCIL JUNE 2, 1982 Page 4 VOTE, Amendments by .L.•. :t''''�?!:$*4 Motion passed unanimously roll call vote. VOTE, To Tables Motion passed, with Councilman Malston voting no. C-6 Resolution 82-51 Transfer of Funds Main St. Loop, Barnacle Way - Change Order i3 - $1,000 : MOTION: Councilman Malston moved, seconded by Councilman = Mueller, to adopt the resolution. There was no public comment. Councilman Wise asked, what is it for? Public Works _ Director Kornelis replied, for water on lot 11, on the corner. Taey missed one lot. �- Motion passed unanimously by roll call vote. - •'ice-. • • - . S C-6a Change Order !3 - Doyle Const. - $1,000 . s- MOTIONs Councilman Mueller moved, seconded by Councilman Measles, to approve the change order. Motion passed unanimously by roll call vote. ~�Y C-7 Resolution 82-52 - Transfer of Funds - Lawton, Walker, Tinker, Rogers - Change Order {4 - $13 22 MOTION: .�;t,_„_�, Councilman Measles moved, seconded by Councilman -:...:-•,�•.�;�;;•_ Mueller, to adopt the resolution. Councilwoman Glick said we are proposing to put in water t sewer to a new subdivision.• she questions if Council is establishing a precedent. Public Works Director Kornelis explained this is a policy decision. This is a 6' water line and an 80 sewer line to get water i sewer past the asphalt paving. -_ - ,. _.._. .. `• �-� :��. It is not a service line, but a main line. Council- man Wise said if we do this for one, we should do - for all. Public Works Director Kornelis explained, we are providing service lines to property and are _ trying to get off the pavement so they don't have _ '- to be dug up. He set policy with the ergineers to - �_ ... _-_ _ ,. __ -,• give service lines and main line extensions to areas that are subdivided. Councilwoman Glick said it was discussed at PiZ meeting, approval of the subdivision was contingent upon water i sewer and street improvements to serve lots created. Doesn't subdivision requirements state they be in? Mr. Kornelis replied, sewer not water. Councilman Malston noted we are doing this for the City's benefit so we do not have to tear up the road. if the lots are built, that is a greater benefit than the cost of water i sewer to stub in. Lack of water i sewer is a problem all over the city. Councilman Wise asked, is there any way to modify this? He did not realize this was DEC money, is there any way to build our 508? Atty. Delahay replied, no,509 of the cost is to the City. If i_ -- --•= y: - :;vA we get any funds, we cannot put them into our 509. Councilman Wise noted they do not where _. _-,, s care KENAI CITY COUNCIL JUNE 2, 1982 Page 5 our 50% comes from. Atty. Delahay said he can research this. Councilwoman Glick said Council should sit down and discuss water a sewer lines, current and future, to eliminate these discussions. City Manager Brighton noted when we were in the engineering stage, Council adopted the policy that when we put in streets we would stub out all lots that were platted. Public Works is complying with that policy. VOTE: Motion passed, with Mayor O'Reilly, Councilmen Malston, Measles, Mueller, Wagoner voting yes; Councilman Wise, Councilwoman Glick voting no. C-7a Change Order #4 - Quality Asphalt - $13,219.80 MOTION: Councilman Ralston moved, seconded by Councilman Measles, to approve the change order. Motion passed, with Mayor O'Reilly, Councilmen Melaton, Measles, Mueller, wagoner voting yes; Councilman Wise, Councilwoman Glick voting no. C-8 Resolution 82-53 - Awarding Bid - Chain Link Fenc- inq, Mt. McKinley Pence - $34,522.36 MOTION: Councilman Wagoner moved, seconded by Councilman Malston, to adopt the resolution. There was no public comment. Councilman Mueller asked, what happened to the airport area? City Manager Brighton replied, the specs are not ready to put out to bid. Motion passed, with Councilman Wise voting no. C-9 Res,)lution 82-54 - Transfer of Funds - Federal Revenue Sharing - Controller for well House #101 - $3,500 MOTIONS Councilman Measles moved, seconded by Councilman Mueller, to adopt the resolution. There was no public comment. Councilman Wise said he did not see this as a transfer, but as a new appropriation. He did not see how this is appropriate. if the work is needed, it should be funded through water i sewer. Pencing has nothing to do with water & sewer. Mrs. Parnell, Pinance Dept., explained Finance Director Brown checked into this. It is not reappropriating. She added, an ad was put in the paper. Mayor O'Reilly asked, what is a controller? Public works Director Kornelis explained, it helps turn on i off the distributor pumps. It is hoped it will help normalize the pressure flows. Also, the contractors have been using water during peak flows, and have been directed not to. Councilwoman Glick asked City Manager Brighton, when we have excess monies left over, haven't we - in the past - had a list to review KENAI CITY COUNCIL JUNE 9, 1982 Page 6 and make decisions? And by reappropriating this, --� it is within this procedure? City Manager Brighton replied, yes. It is a need that must be resolved now. If not, we will have to appropriate to resolve the Councilman wise said money Federal RevenueSharingshould not be used for water i sewer, these should be self-supporting, Mayor O'Reilly asked if there was a time frame? Mr. Kornelis replied, he would like to get well house tl operating correctly as soon as possible + so they can go into well house •2. H VOTE s Motion passed, with Councilmen Malston, Measles, Mueller, Wagoner voting yes; Councilman wise, Mayor O'Reilly, Councilwoman Glick voting no. C-10 Transfer of Liquor License - Pizza Paradisos, from A. Macheras to G. Pitsilionis Clerk Whelan said the Borough Atty. had said taxes were paid current, and they were filed current. There was a balance of $358.27 in the name of Macheras for penalties and $43.46 in the name of Pitsilionis for penalties from April 1981 on. She suggested approval be subject to payment of penalties. MOTION: Councilman Malston moved, seconded by Councilwoman Glick, that a letter of non -objection be sent to the Alcoholic Beverage Control Board regarding Pizza Paradisos with the exception of when the tax penalties are paid. Councilwoman Glick asked, are the property taxes current? Councilman Wagoner said they do not own the facility. Atty. Delahay explained you are well secured on property taxes, but not on sales tax. They can always foreclose on the property. Councilwoman Glick said she felt they should be current with everything. Motion passed unanimously by roll call vote. C-11 Resolution 82-55 - Transfer of Funds - Street Sweeping - $2,500 MOTIONS Councilman Mueller moved, seconded by Councilman Measles, to adopt the resolution. There was no public comment. Councilman Wise said some of the extra cost was because there was so much sand on the road. It should have been done by shovel equipment. Council- man Wagoner said there were 2 men with shovels on the job. Public Works Director Kornelis explained they have made a $1,000 transfer., the costs have gone up from $2,300 to $2,700. He will have to have an additional transfer. L KENAI CITY COUNCIL JUNE 9, 1982 Page 7 MOTION, Amendments Councilwoman Glick moved, seconded by Councilman Malston, to amend the resolution from $2,500 t.0 $2,700. Councilman Wagoner said if he has the additional funds, he will use them. If we need additional funds, Administration can nandle it. VOTE, Amendments Motion passed, with Councilmen wise, Malston, Mueller, Mayor O'Reilly, Councilwoman Glick voting yes; Councilmen Measles, wagoner voting no. VOTE, Main Motion as Amendeds Motion passed unanimously by roll call vote. C-5 Remove from Table - Res. 82-SO MOTIONS Councilman wagoner moved, seconded by Councilwoman Glick, for Resolution 82-50 to be removed from the table. Motion passed unanimously by roll call vote. Councilman wagoner asked Chief Ross, what kind of a job did Day i Night do on the police Dept.? Chief Ross replied, it is not the same people who bid the job, but they are doing a satisfactory job. There have been times when the dept. has held them up with their activities. Councilman Malston asked, are we not going to clean the Police Dept.? Chief Ross explained he asked City Manager Brighton to change the budget to purchase equipment so prisoners could clean the area. There would be better security and they would have better timing. Motion passed unanimously by roll call vote. D. MINUTES D-1 Regular Meeting, May 19, 1982 Minutes were approved as submitted. E. CORRESPONDEPTCE E-1 Governor Hammond - Per Capita Revenues E-2 Nikiski Fire Dept. - Acknowledgement of Back -Up Support E-3 Division of Elections - Reapportionment Regulations There was no action on these items. F. OLD BUSINESS F-1 Ordinance 772-82 - Provide Salary Supplement for City Employees in Lieu of City Contributions of FICA l KENAI CITY COUNCIL JUNE 9, 1982 Page 8 Councilwoman Glick asked Clerk Whelan if Mayor O'Reilly had voted on the adoption of this ordinance. Clerk Whelan replied yes, he voted a yes vote. MOTION, Reconsiderations Councilman Wagoner moved, seconded by Councilman Wise, to reconsider Ordinance 772-82. Vice Mayor Glick assumed the chair. Mayor O'Reilly said he will abstain from voting, as he receives a monthly salary from the City. Vice Mayor Glick explained, the Mayor voted yes in the public hearing. According to KMC, he has an interest and has to abstain. If he had abstained, the ordinance would not have been adopted. For adoption, we need a majority of yes votes. VOTE, Reconsiderations Motion passed, with Mayor O'Reilly abstaining. MOTIONS Councilman Wise moved, seconded by Councilman Measles, to adopt the ordinance. Motion passed, with Councilmen Wise, Measles, Mueller, Wagoner voting yes; Councilwoman Glick, Councilman Malston voting no; Mayor O'Reilly abstaining. — Mayor O'Reilly resumed the chair. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified Mayor O'Reilly said the Doyle's Fuel bill will be changed to $2,246.83. Public Works Director Kornelis said C. Gintoli will not have the specs before Monday. MOTIONS Councilman Malston moved, seconded by Councilman Wagoner to approve the bills as submitted, with the exception of Carmen Gintoli's bill to be held till the specs are received by the City; and increase the Doyles Fuel bill to $2,246.83. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the requisitions. Motion passed by unanimous consent. G-3 Ordinance 778-82 - Increasing Rev/Appns - Grant Decrease in Senior Citizen Program - $2,210 �r • �.F-+�AV .-yam..:. ', •_.:1_ KENAI CITY COUNCIL JUNE 9, 1982 Page 8 Councilwoman Glick asked Clerk Whelan if Mayor O'Reilly had voted on the adoption of this ordinance. Clerk Whelan replied yes, he voted a yes vote. MOTION, Reconsiderations Councilman Wagoner moved, seconded by Councilman Wise, to reconsider Ordinance 772-82. Vice Mayor Glick assumed the chair. Mayor O'Reilly said he will abstain from voting, as he receives a monthly salary from the City. Vice Mayor Glick explained, the Mayor voted yes in the public hearing. According to KMC, he has an interest and has to abstain. If he had abstained, the ordinance would not have been adopted. For adoption, we need a majority of yes votes. VOTE, Reconsiderations Motion passed, with Mayor O'Reilly abstaining. MOTIONS Councilman Wise moved, seconded by Councilman Measles, to adopt the ordinance. Motion passed, with Councilmen Wise, Measles, Mueller, Wagoner voting yes; Councilwoman Glick, Councilman Malston voting no; Mayor O'Reilly abstaining. — Mayor O'Reilly resumed the chair. G. NEW BUSINESS G-1 Bills to be Paid, Bills to be Ratified Mayor O'Reilly said the Doyle's Fuel bill will be changed to $2,246.83. Public Works Director Kornelis said C. Gintoli will not have the specs before Monday. MOTIONS Councilman Malston moved, seconded by Councilman Wagoner to approve the bills as submitted, with the exception of Carmen Gintoli's bill to be held till the specs are received by the City; and increase the Doyles Fuel bill to $2,246.83. Motion passed by unanimous consent. G-2 Requisitions Exceeding $1,000 MOTIONS Councilwoman Glick moved, seconded by Councilman Measles, to approve the requisitions. Motion passed by unanimous consent. G-3 Ordinance 778-82 - Increasing Rev/Appns - Grant Decrease in Senior Citizen Program - $2,210 �r • �.F-+�AV .-yam..:. ', •_.:1_ _ 1 i I I 1 ft .mr aN eA!Ey++xe:XWA . KENAI CITY COUNCIL JUNE 2, 1982 Page 9 MOTION: Councilwoman Glick moved, seconded by Councilman Malston, to introduce the ordinance. Motion passed by unanimous consent. G-5 Ordinance 780-82 - Increasing Rev/Appns - Library Donations - $600 MOTIONS Councilman Malston moved, seconded by Councilman Measles, to introduce the ordinance. Motion passed by unanimous consent. G-6 Ordinance 781-82 - Increasing Rev/Appns - Sewer Treatment Plant Eypansion - Amendment f4, CH2M Hill - $3,875 MOTIONS Councilman Measles moved, seconded by Councilwoman Glick, to introduce the ordinance. Motion passed unanimously by roll call vote. G-7 Assignment of Lease - Ray Cason to Kimbrell/Diamond MOTION: Councilwoman Glick moved, seconded by Councilman Measles, to approve the assignment. Atty. Delahay said the lease rate is squared away and payments are current. Motion passed unanimously by roll call vote. G-8 Amendment of Airport Lease - Cook Inlet Enterprises MOTION: Councilman Mueller moved, seconded by Councilman Measles, to approve the lease amendment. Councilman Wagoner noted this is Gate 54 and the restaurant. We have had problems with Gate 54 in the past, we should enter into discussion with the new management to rectify this. City Manager Brighton said he and Airport Manager Swalley have had discussions with the proposed owners, they have indicated they will not continue with the bands. He will have organ -type music with intent to change the type of clientele. Motion passed with Councilman Wagoner voting no. H. REPORTS H-1 City Manager City Manager Brighton spoke. 1. As noted in the letter in the packet, CEIP funding for design money for the library has been denied. 2. A resolution from the Harbor'Commission re- garding the derelict boat was passed out 12s KENAI CITY COUNCIL JUNE 2, 1982 Page 10 this date (6-2-82) Councilman Wise said, regarding the CEIP money, this was 308-b money. How about 308-d money? Public Works Director Kornelis replied the grant application did not stipulate. Councilman Wise asked that this be reviewed, that was the wrong classification, it should be architectural design and engineering money. 3. Councilman Wagoner asked City Manager Brighton to check on the old buses by the old post office in Old Town. 4. Councilwoman Glick asked City Manager Brighton if Administration had met with Union Oil re- garding purchase of property. Mr. Brighton replied no, Atty. Delahay is waiting for infor- mation to be sent to him. Councilwoman Glick asked that a representative be invited to the next Council meeting (6-16-82) and bring us up- to-date on the 3 drilling sites. There have been allegations made. She has contacted people in the oil industry and have determined that kind of drilling mud is water base and not hazardous or toxic, but additions made to the mud may be. We have a vested interest in whether or not these drilling wastes have been disposed of properly. She would like to discuss disposal of muds and future intentions. Council agreed to the request. 6. Councilman Malston asked City Manager Brighton to contact DOT and see what can be done about the used car lot in front of Carr's Mall. 7. Councilman Wise said he asked for a copy of SB-242 regarding grants for water i sewer. He believes it will be signed by the Gov. 70% is to municipalities not financed by the Fed. Govt. The municipal newsletter says the bond package has passed, only $15 Million is matching program. He would hope we would have the Candlelight and Linwood request in as soon as possible. City Manager Brighton said they have been informed by DEC that they already have more requests than funds. Their only hope is if some are not used. H-2 City Attorney Atty, Delahay spoke. 1. In reviewing the land in Woodland SID for a park. Lots 8 through 10, Block 10 were set aside for education s recreation. This was a dedication in the plat and might be some- thing the City can enforce. But there is also a reservation right to June 1974 to make further exceptions. At least one of the lots had been built on before 1974, it would appear the corporation took advantage of the reservation to sell the property. 2. The Mayor had received a letter regarding maint- enance of public facilities for lease if the City accepted. The Atty. General decision agreed there was no discrepancy. The Kenai Community Care Center had a grant, the City KEVAI CITY COUNCIL i ,. y-••:.- - JUN£ 2, 1982 Page 11 has no control and no title. But the City "-� �~- has the responsibility if the State takes off J•.=� funding. Also, the Senior Citizen Center, though the City will have title. 3. Regarding ordinances for acting City Manager _ Wmd and acting City Clerk. The Mayor can appoint an acting City Clerk for meetings, but not for _:.Sa r.�u. •,�:=.-•. :;� regular duties. We should have ordinances for "' - - ^• = - ' this and for the City Manager. Councilman Wagoner suggested the City Manager should - _ make his own appointment, the Council should appoint a permanent acting City Clerk. :« Councilman Measles said it should be the person, not the position, the position may .: ". be a new hire, or not able to handle it be- cause of job responsibilities. City Manager _: i :-... Brighton said the Code permits the City Manager to hire all but the City Clerk and the Atty. With that permission, and then to .- restrict him to appoint someone in his behalf -"" is not consistent. He has always appointed -- the Finance Director. Councilwoman Glick asked that ordinances be prepared for the next meeting (6-16-82). Council agreed to the request. H-1 City Manager (contd) _ City Manager Brighton said, regarding appropriating funds for extension of fire hydrants. It appears monies have never been appropriated for that. They _ were out out of the budget a q year ago, the intent was to put it into Revenue Sharing, this was never _ - - done. He asked that this be discussed at the work sessions for Revenue Sharing. There are no funds - left in water i sewer for next fiscal year, there are no funds left in this year either. Council- man Wise said in other communities hydrants are _- - '• not charged to water utility, public safety pays _-�:.-:'::� .'�. �:;z.,;-�:. _'..•M ., a fee to water utilities for availability of water. �_ = - .::- - : - . ' - - • - Fire service utility affects ISO rates. We should ~' consider this in future budgets. �Z.. ='�=•' H-3 Mayor Mayor O'Reilly said there was a vacancy in the Recreation Commission for the high school repres- entative. He suggested Bettina Town. ��•, MOTIONS `fir"` �- '" '' - -• Councilman Wagoner moved, seconded by Councilman - Measles, to approve the nomination. - Motion passed by unanimous consent. H-4 City Clerk Clerk Whelan said she had been asked by Council '- to check with the Borough if property taxes were paid current for the Little Ski-Mo. The Borough - lists $50 due on property taxes, this amount was not included in their approval of liquor license. I cm i j .n js I KENAI CITY COUNCIL JUNE 2, 1982 Page 12 H-5 Finance Director ! - - None P H-6 Planning i Zoning �e;,"•*:-rirt:�.fc�,Mr+•rr;az>.c.x*.a�;s.•�s....• Councilwoman Glick spoke. 1. At the last meeting, return of zoning to the cities was discussed. _ 2. The McMaster subdivision was approved, Admin- A :;:_.�, -' istration was to review the grandfather status - . ';�_, of the area. 3. Crow subdivision plat was approved. 4. Gusty subdivision addition was approved. - �.. .. - ��;� '-"'�" "' -•• :,x - 5. The Diary Queen temporary use was approved.- - 6. Section 36 was discussed. - =' ..._ _. 7. There will be a public hearing next Wednesday _ (6-9-82) on zoning powers and Section 36. Ova H-7 Harbor Commission - MOTION: Councilman Wagoner moved, seconded by Councilwoman Glick, to direct Administration to remove or other- wise destroy the fishing vessel optimist and contact and notify persons with fishing vessels stored there _ that they have 30 days to remove or they will charge ' storage and impound fees. _ Atty. Delahay said he wrote a letter to the Harbor Commission regarding this. It takes 6 months to go through procedures. He asked that the decision be postponed so he can reveiw. Councilman Wagoner I asked, how are cars removed? Atty. Delahay replied - _ that is done by State law. He also checked with 1 State Rivers t Harbors Div. and the laws have been - - _ changed, it cannot be done. Councilman Wagoner said we have been dealing with this for a year or so. He would like it resolved by the next meeting. MOTION, Withdrawal: Councilman Wagoner moved, with consent of second, j to withdraw his original motion. MOTIONS Councilman Wagoner moved, seconded by Councilwoman Glick, to direct Administration and the City Attorney t ! take legal steps necessary to affect removal of personal property from that area. r" I City Manager Brighton noted we are going to have many vehicles placed there within the next few days. Councilman Wagoner said we should mark on June 3, 1982 what vessels are there. We should not have parking j space for fishing vessels. The Harbor Commission should have rules for what could be there. { I� Motion passed unanimously by roll call vote. - F3 H-8 Recreation Commission None 1 ' . KENAI CITY COUNCIL JUNE 2, 1982 Page 13 I I. PERSONS PRESENT NOT SCHEDULED TO BE HEARD 1. Councilwoman Glick asked City Manager Brighton if Administration had contacted the Fitness Center regarding their concern on our equipment and have we installed our equipment? City Manager Brighton replied he has directed - Recreation Director McGillivray. He has made attempts to contact the owner, but has not received a reply. We have not installed the equipment. we have received a great deal of equipment and a great deal will be installed _ in the parks. — 2. Councilman Malston asked City Manager Brighton ( about the junk yard across from Morgan Steel. Mr. Brighton said it has been referred to the Federal Govt. There has been no response from the owner, he is out of town. -. 3. Councilwoman Glick said several Council members - have been contacted regarding hiring of the sewer treatment plant operator. Council does not hire, but they have the right to investi- _ - gate practices. Accusations weres ? a. There were improprieties exercised. b. Interviews were not conducted properly. C. There may have been some discrimination. _ ....:1 She spoke with the City Manager and the Public - - Works Director. The job was advertised outside and locally. 50 applicants were received, 31 - outside, 19 in Alaska. The applications were reviewed by 3 people. All were reviewed by phone and treated equally. She felt Public works Director Kornelis acted in a proper fashion. 4. Councilman Malston notified Council that he will be absent from the June 16 meeting. ADJOURNMENTs Meetin/ngg adjourned at 10:05 PM. -f is Whelan yl - City Clerk a _ / J f Isomer Tlectrtc Association, Zszc. A / P.C. BOX 449 • HOMER, ALASKA 99603 • (907) 235-8551 May 27, 1982 Mr. William Brighton, City Manager City of Kenai P. 0. Box 580 Kenai, Alaska 99611 Re: Relocation of Power Poles in Connection with Improvement Projects of City Streets Dear Bill: During the past couple of years Homer Electric has had to relocate electrical facilities within the City of Kenai at the citys' request in connection with improvement projects for city streets. The city, in most cases, has failed to reimburse Homer Electric for any of our costs. Correspondence has been received from your attorney, Mr. Ben Delahay, and our attorney, Mr. Rick Baldwin has communicated with Mr. Delahay. Unfortunately the problem has not been resolved. " Homer Electric is caught in the middle of an expensive situation. The :- City of Kenai is the only city in our service area that does not work with us on these projects. All other members, including the other R' cities, pay Homer Electric relocation costs in connection with relocation j of facilities. i We do not feel that we should provide these services to the City of Kenai if the city is not willing to pay for them. I am instructing my personnel that any future facility relocation will require a prepayment ! of the estimated cost of relocation prior to the actual relocation. r , I apologize for this inconvenience and would be very willing to discuss ! this with you at your convenience. Thank you. Sincerely yours, t.' HOMER ELE IC ASSOCIATION, INC. YI / B. Ke ick f General Manager BKW/cl 1 t i Y R i• •� k , CITY OF KENAI ORDINANCE NO. 779-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE VOTERS FOR RATIFICATION AT THE REGULAR ELECTION OF OCTOBER 6, 1982, OF A CHARTER AMENDMENT CONCERNING USE OF MONIES OBTAINED FROM THE SALE OF CITY LANDS. WHEREAS, the City of Kenai has obtained some 300+ acres of land in settlement of land entitlements from the State of Alaska, and WHEREAS, the City of Kenai has a significant number of acres of land, excluding dedicated park lands, land reserved for public use, lands conveyed in foreclosures for taxes and sp lands, and ecial assessments and not set aside for public use, and airport trust WHEREAS, since the City is committed to the disposition of such lands in a rational manner, a program for proper use of monies received from the sale of such lands needs to be established to insure that monies so generated are utilized in the best interests of the entire community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: motion is That the Council hereby directs that the proposition set out in Section 2 hereunder be referred to the electorate of the City of Kenai at the regular general election of October 6, 1982. Uction-2s That the following proposition shall be submitted to the qualified voters of the City of Kenai at the next regular election in substantially the same form as set out hereinafter s PROPOSITION Shall a new section entitled "Use of proceeds from the sale of non -trust lands" be added to the Charter of the City of Kenai to read as follows: 1 UQa=trnat_JAada. The proceeds from the sale of non -trust lands, which are lands of the City other than those lands received on foreclosure of special assessments (except as provided herein) or on foreclosure for taxes or those lands held in trust by the City under the terms of the conveyance thereof to the City, and any income received from the investment of such proceeds are hereby dedicated to the financing of Capital Improvements within the City of Kenai. Use of these monies for airport or airport lands improvements is specifically prohibited except where there are no monies (or insufficient monies) available for such improvements, in which case monies from the fund dedicated herein can be advanced for such improvements as a loan to be reimbursed from airport sources of income. No capital project approved by Council which requires municipal financing (excluding government grants and amounts to be reimbursed from benefited properties) to be paid from these monies in excess of $750,000 shall be contracted unless the desirability of such project is ratified by the voters at a general or special election. Subject to the above provisions, such monies may only be used at the discretion of Council (1) to provide municipal financing (up to 50% of the costs in excess of any state and federal grants secured) for Capital improvement projects in an approved assessment district with the balance of the necessary financing to be apportioned to the benefited properties in accordance with the provisions of this Charter and the ordinances enacted pursuant thereto; (2) to use in lieu of bonding to provide for that portion of financing of an approved assessment district to be ultimately paid by owners of benefited properties with such financing to be reimbursed from collections of assessments or sales of land foreclosed for such collections within said assessment district; (3) to provide municipal financing for any projects for which assessment districts are not authorized and for which no state or federal grants are available; (4) to provide the municipal share of 1 financing for projects for which state, federal, or state and federal grants are available and to provide advance financing to be refunded from such grants; 1 Sectign 3s All of the above elements of proposed Charter change shall be treated as a single proposition to be answered "yes" or "no" by the voters. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of July, 1982. VINCENT O'REILLY, MAYOR~ ATTESTS Janet Whelan, City Clerk First Readings June 16, 1982 Second Readings July 7, 1982 Effective Dates I • I --- 3 i i I� � 1 1 . 1 IM 0 C) CITY OF KENAI ORDINANCE NO. 779-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, PROVIDING FOR THE SUBMISSION TO THE VOTERS FOR RATIFICATION AT THE REGULAR ELECTION OF OCTOBER 6, 1982, OF A CHARTER AMENDMENT CONCERNING USE OF MONIES OBTAINED FROM THE SALE OF CITY LANDS. WHEREAS, the City of Kenai has obtained some 300+ acres of land in settlement of land entitlements from the State of Alaska, and WHEREAS, the City of Kenai has a significant number of acres of land, excluding dedicated park lands, land reserved for public use, lands conveyed in foreclosures for taxes and special assessments and not set aside for public use, and airport trust lands, and WHEREAS, since the City is committed to the disposition of such lands in a rational manner, a program for proper use of monies received from the sale of such lands needs to be established to insure that monies so generated are utilized in the best interests of the entire community. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: ,%otjaa_j: That the Council hereby directs that the proposition set out in Section 2 hereunder be referred to the electorate of the City of Kenai at the regular general election of October 6, 1982. fi=i=_Z: That the following proposition shall be submitted to the qualified voters of the City of Kenai at the next regular election in substantially the same form as set out hereinafter: PROPOSITION Shall a new section entitled "Use of proceeds from the sale of non -trust lands" be added to the Charter of the City of Kenai to read as follows: 1 H i L� uQa=tr.u0t_JAndd. The proceeds from the sale of non -trust lands, which are lands of the City other than those lands received on foreclosure of special assessments (except as provided herein) or on foreclosure for taxes or those lands held in trust by the City under the terms of the conveyance thereof to the City, and any income received from the investment of such proceeds are hereby dedicated to the financing of Capital Improvements within the City of Kenai. Use of these monies for airport or airport lands improvements is specifically prohibited except where there are no monies (or insufficient monies) available for such improvements, in which case monies from the fund dedicated herein can be advanced for such improvements as a loan to be reimbursed from airport sources of income. No capital project approved by Council which requires municipal financing (excluding government grants and amounts to be reimbursed from benefited properties) to be paid from these monies in excess of $750000 shall be contracted unless the desirability of such project is ratified by the voters at a general or special election. Subject to the above provisions, such monies may only be used at the discretion of Council (1) to provide municipal financing (up to 50% of the costs in excess of any state and federal grants secured) for Capital improvement projects in an approved assessment district with the balance of the necessary financing to be apportioned to the benefited properties in accordance with the provisions of this Charter and the ordinances enacted pursuant thereto; (2) to use in lieu of bonding to provide for that portion of financing of an approved assessment district to be ultimately paid by owners of benefited properties with such financing to be reimbursed from collections of assessments or sales of land foreclosed for such collections within said assessment district; (3) to provide municipal financing for any projects for which assessment districts are not authorized and for which no state or federal grants are available; (4)--to-provide-tbe municipal share of 2 P,122N. v n financing for -any projects for which assessment Aistr-icts are -not authorized and for which no state or federal grants are --available# (4) to provide the municipal share of financing for projects for which state, federal, or state and federal grants are available and to provide advance financing to be refunded from such grants; $ C,tJQn_3.s All of the above elements of proposed Charter change shall be treated as a single proposition to be answered "yes' or 'no' by the voters. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA# this 7th day of July, 1982, ATTEST: Janet Whelan, City Clerk 3 VINCENT O'REILLY, MAYOR First Readings June 16, 1982 Second Readings July 7, 1982 Effective Dates THE FOLLOWING CHECKS ARE OVER $1,000.00 WHICH NEED COUNCIL APPROVAL OR RATIFICATION 6/16/82 VENDOR AIVJUNT D£BCRIPTiON PROJECT DEPARTHENT ACCOUNT CHARGE AMOUNT POO FOR APPROVALS c' Anderson's Snow 10,270.00 Street Sweeping Streets Repair S Maintenance 6,500.00 32520 Plowing 6 Sweeping 2,470.00 32980 I 1,300.00 To Be Approved Funco 4,112.50 Playground Equipment CP-Parks Equipment Machinery 6 Equipment 4,112.50 32526 Carmen V. Gintoli 29,964.37 Arch. Services CP-Terminal Renov. Engineering 29,964.37 Harley's Trucking 13,741.27 Pay Est. 02 CP-Forest 6 Gill Sts. Construction 13,741.27 Homer Electric 15,485.21 May Electricity Various Utilities 15,485.22 Hike Tauriainen 18,017.55 Professional Services CP-Lawton, Walker Inspection 18,U17.55 McLane Surveying 11,254.50 Surveying CP-Second 6 Third Inspection 756.00 32365 Surveying CP-First, Fourth,etc. Inspection 2,848.50 32366 Surveying CP-Forest b Gill Inspection 6,894.00 32367 Surveying CP-Spruce Inspection 756.00 32368 Moore Business Forms 1,183.42 Purchase Orders Finance Office Supplies 1,081.68 32335 Computer Labels Finance Office Supplies 101.14 32824 Peterkin Dist. 2,517.82 Groceries COA-Congregate Heals Operating Supplies 501.40 3291.3 COA-Nome Delivery Operating Supplies 125.35 32943 Creamer Jail Operating Supplies 13.00 32936 Inmate Food Jail Operating Supplies 708.76 32669 Concession Food Recreation Operating Supplies 70.30 32916 Hand Soap Shop Operating Supplies 25.70 33009 Inmate Food Jail Operating Supplies 732.41 32901 Knives, Forks, Spoons Jail Operating Supplies 340.90 32926 Quality Asphalt 60,209.08 Pay Eat. 05 CP-Lawton, Walker, eta Construction 60,209.08 Quadra Engineering Drainage Study CP-Drainage Study Engineering 20,605.53 -2/0 I I `� a � VENDOR CHECKS OVER $1,000.00 6/16/82 PAGE 2 AMOUNT DESCRIPTION PROJECT/DEPARTMENT ACCOUNT CHARGE AMOUNT POP Southcentral Comm. 2,252.14 Water Meter Install b Purchase Water Machinery 6 Equipment 989.64 31686 May Radio Maint. Various Repair 3 Maintenance 1,262.50 30107 Rec Time 19,573.00 PI-yground Equipment CP—Park Equipment Machinery 6 Equipment 19,573.00 32528 FOR RATIFICATIONS Bayly, Martin 6 Fay 59228.00 April Workmen's Comp. Various Workmen's Compensation 5,228.00 Blue Cross r 11,719.52 June Medical Insurance Various Health Insurance 11,719.52 Women's Resource Center 6,736.40 April Child Care Women's Resource Accounts Receivable 6,736.40 First Federal 2,000,000.00 Cert. Of Deposit 6/9/82 TCD Central Treasury 2,000,000.00 Savings National Bank of AK 3,630,000.00 REPO 6/2/82 Central Treasury Central Treasury 3,630,000.00 122 Int. 4,630,000.00 REPO 6/4/82 Central Treasury Central Treasury 4,630,000.00 11.52 Int. 2,600,000.00 REPO 6/9/82 Central Treasury Central Treasury 2,600.000,00 11.5% Int. 2,500,000.00 REPO 6/11/82 Central Treasury Central Treasury 2,500,000.00 11.5% Int. i V Y3�I5N-�� j.1 0 CITY OF KENAI - BOX $80 0 KENAI, ALASKA 99611 iiv, ii ? 8 wvolcf I DATE''. INVOICE'Argo NUMBER Div"W741 KTAMOW"': 011.45020.8064 INV# 11S 30068.00 .00 3P068.00 LO 1-9k Ai 5 Awh ow ep. 86.50 .00 86.50 7 j,C- A-% DETACH 911`0111 DIPOS11ING 77777............................ . .......... . . . ... -jo . tv 32428-'�; NATIONAL BANK or ALASKA TY.OF. " Cl KENAI i- xENA; 13M BOX 580,, KENAI, ALASKA "611 89-, 59 .1d 41 '32,429' 83 $3,154.51 ****THRM'TH0USAND ONE 'HUNDqfD'FIFTY FOUR DOLLARS 50 CENTS To It* . . .... CRAIGJA YLOR EQUIP. C 0 OF RT. 2p'' - 60X '881. SOLOCTNA,.. AK. 99 669 CITY MANAGER OR FINANCE DIRECTOR, VOID IF NOT CASHED WITHIN 90 DAYS BID 3 216 28n' 1:12520051311: 020-030&26111 REQUISITIONS OVER $1,000.00 NRICN NEED C(RJNCII. APPROVAL 6/16/82 Vendor Description Department Account Amount t 1 Anderson's Snow Plowing b Additional houra needed to Streets Repair b 8aintenance 1,300.oO Street Sweeping complete sweeping streets. ' I I I 0 CITY OF KENAI ORDINANCE N0, 782-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, DECREASING ESTI14ATED REVENUES AND APPROPRIATIONS IN THE CAPITAL PROJECT FUND ENTITLED "SEWER TREAT14ENT PLANT CONSTRUCTION" IN THE DEPARTMENT ENTITLED 'SEVIER OUTFALL" BY $532,753 AS A RESULT OF A GRANT DECREASE FROM THE U. S. ENVIRON14ENTAL PROTECTION AGENCY (EPA) . WHEREAS, as a result of much lower construction costs of the sewer outfall than originally anticipated, the EPA has reduced its grant from eligible costs of $653,400 to $120,647, and WHEREAS, the EPA share amounts to 75% of eligible costs, with 12.5% paid by the City and 12.5% paid by the State of Alaska, and WHEREAS, the City's share was provided by a transfer from the Water and Sewer Special Revenue Fund, and therefore, the City's unexpended share should be returned to that Fund. WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following decreases in estimated revenues and appropriations be made: SFYi LMNATHENT_8k$NCONSTRUCTION Decrease Estimated Revenues: Transfer from Water & Sewer ($ 66,594) State Grant ( 66,594) Federal Grant 1399..ifilL (853267531 Decrease Appropriations: Sewer Outfall: Construction Contingency 1 ($473,353) ( 59 0 40QL ll.U2. 531 PASSED BY THE COUNCIL OF THE CITY OF KENAIj ALASKA, this 16th day of June, 1982. VINCENT�O'REILLY, MAYOR ATTESTS Janet Whelan, City Clerk First Readings June 16, 1982 Second Reading: June 16, 1982 Effective Date: June 16, 1982 Approved by Finances r 2 •y�.�.•�r f •' _ .....i. r•' _ �R.;�- _ •.s:� :>r.Jttt••�;i-n.J. :�..• %'r��w`i 4.lir.rnN���w. x:.. T'q'a •:.'.'TI.Tn/• •, _ �'• .a5�a .�• ..n:.��i..,. ,'•{.`.•.. '•`�`i .'iJ _''s'r•:nr.. •:i✓M,i_ '.iy� i....f+'�':!�•f "'. .A:.r.. yv!.t"•. •.i'' .:�.9:�if,',�'-'�r�wj^'i�+�4:.vt.�+�•rw.wu.. _ _ �:.•,A.4�� ..s t '�+L .;, �.,�jf•� .:._Zfy.•: 'T` �:i+:fif%T.d:^!�,yd•%16'irTj~.�',. �•np..yf iv,"�i. J.-�': .t �p� rlM1y�=. �l::.. . r;.� .. •s ..�.,.r.. ::. .ito:.r +� :. , •• ..;11 :'•!.fir: ..• %•�:�:. �•vwi✓.•:..::, rr:t_J• . M, F!!St~�w w H"*� ; .. T•rrr npu ..:Ja 1..,.,v •n.'rJ..:.; r.•w:.. «yilLJJ.:•.•:. J - f �;.i�,,. •. _-1:i'�:�/.1rv.�yy.,. JAti..• •�. ��.` 'i7,i.t... a+! •N..: ..a'�a �+.«:..� �•••.S�•,y ..�,:.� - . � ..'r.. �� .� .!-ir:.vi.:.:. ,+,.:s-+,i�i«� . .a;w.:i. .,...+R!•.�_ , n..:•,.-�s� •�vd�.,...` w � �'[.�..•vivpwiv+� .:wr i.....�r! ' u.'..:�'�:: ii'. ..�. a .W�Y^' � .. �.i•.v :.r^. :w� wl • . rM.. .•S"•,� ,-� �';'�,++.�p: ,»Ji.t . -..v�,l iw w ..•wWlMb iw...•R7•.17srw�.�.l� _ .... .. v. mot..... .. >OHM- . CITY OF KENAI P.O. BOX $80 - KENAI, ALASKA - PHONE 283.706 TO: Kenai City Council FROM: Charles A. Brown C'c¢j nAn June S. 1982 REFERENCE Ordinance # 782-82 Because this ordinance returns $66,594 to the Water and Sewer Fund, the accounting treatment will probably be a diref—tvadjustment to the Water and Sewer Fund balance. Therefore, it would be most appreciated'if the -Council would pass this ordinance in one meeting so that this adjui:tisat. ..bd.properly reflected in the June 30, 1982 financial statements. V. `'• ' ' ti �yt� ,ry . r•-j� ,'Cl• :� ;, ,•,fir. :•,� ,a, ,i --F 1 SIGHED ------- f A G-4 CITY OF KENAI ORDINANCE NO. 783-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1982-83 GENERAL FUND BUDGET BY $4,675 AS A RESULT OF A GRANT FROM THE STATE OF ALASKA FOR LIBRARY PERSONNEL AND SERVICES. WHEREAS, in FY 81-82 the State of Alaska granted the City of Kenai $7,500 for Library personnel and services, and WHEREAS, these monies were to be used from April 7, 1982, through September 30, 1982, a period which overlaps the City's fiscal years, and WHEREAS, based upon the above, the City appropriated $3,900 in FY 81-82, with the expectation of appropriating the balance in FY 82-83, and WHEREAS, in addition, $1,075 of the FY 81-82 appropriation of $3,900 was unspent and may be re -appropriated. WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that estimated revenues and appropriations be increased as follows: Qneral .Fund Increase Estimated Revenues: State Grants -General $4 ,675 Increase Appropriations: Library -Salaries $3,681 " - PERS 369 " - Workmen's Comp. 25 " - Communications _$,QQ $4.6 5 1 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of July, 1982. VINCENT O'REILLY, MAYOR-- ATTEST: Janet Whelan, City Clerk First Reading: June 16, 1982 Second Readings July 7, 1982 --- Effective Dates July 7, 1982 Approved by Finances i Cg ! I'I 7. - r- I :i i'. ;. I { i i j r C s 1 G- S CITY OF KENAI ORDINANCE NO. 784-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, INCREASING ESTIMATED REVENUES AND APPROPRIATIONS IN THE 1982-83 GENERAL FUND BUDGET BY $2,000 FOR MAINTENANCE OF THE PARISH HOUSE OF THE RUSSIAN ORTHODOX GREEK CATHOLIC CHURCH OF NORTH AMERICA. WHEREAS, according to the terms of a lease dated July 25, 1966, between the Russian Orthodox Greek Catholic Church of North America and the City of Kenai, the City may maintain the Parish House of the Church, and WHEREAS, the City Council now desires to appropriate $2,000 for such maintenance for FY 1982-83. WHEREAS, proper accounting practices require that all appropriations of City monies be made by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, that the following increases in estimated revenues and appropriations be made: General_ Fund Increase Estimated Revenues: Appropriation of Fund Balance $2,000 Increase Appropriations - Non -Departmental -Repair & Maintenance $2,000 PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, this 7th day of July, 1982. ATTEST: Janet Whelan, City Clerk Approved by Finance: 4AL., VINCENT O'REILLY, MAYOR First Reading: June 16, 1982 Second Reading: July 7, 1982 Effective Date: July 7, 1982 . 6.Q • � xcwt ltcwrt:+r�g Uut.•tct k U f N f t r.:K.l t•:rr \4 ~� � ' This lease, taade this 25th day of July, 1956, by and betweer. the RUSSI.d: O 1:0DOX GRiLX CATii0LIC CI:URCIi OF NORTH 'Mr.?.IM, a ;; Pennsylvania corporation, qualified under the lave of the State of Alaska, and the CITY OF KENAI, ALASXA, a municipal corporation I W ITHESS E2H: That the Church does hereby lease to the City all of the f `following described real property situated in the City of Kenai, i Third Judicial District, State of Alaska, and more particularly ►�I described as 'follows; . All of that certain portion of Tract A, U.S. Survey 192, according to the plat of said i survey on record in the Central Land 0ff ce, and a copy of a plat of said portion of said U. S. Survey is marked Exhibit A ant: attached ! ` hereto and by rezerence made a parr hereof, ' containing 1.413 acres more or less. I • The parties further agree that this lease is made on the Lollowing terr..s and conditions and under the hereinafter menticne covenants: " 1. - The term of this lease shall be for a full term of Fifty five (SS) years commencing July 25, 1966 and ending on July 24, 2021. 2. The property herein demised shall be used for the follow ping purposes only: (a) For use by the, City of Kenai, Alaska, its successor i , r or assigns, for the public p�urposa of canst_ac•�rs, v; operating and maintaining on said demised premises t �4 J iz o:�.or sort iistorical ex�s� bits and appurtenances u - g=� for the use of the.general public. ono (b) It is understood and agreed that said authorized Y • purpose and appurtenances may include installing an k -, w :.aintai.iing parking facilities for visitors and j concessions :or ttie sale o: curios and to purvey nor.-iato;icati^!; beverages and food for ma -.bars of the visiting publ:C. ✓ (a) It is further understood and agreed that per -fitted uses r»ay include theatrical preductiens and O historical paecants. 3. Anything herein to the contrary notwithstanding, it is i•tt �fundorstood and agreed that the City 143 leased from the Church %urface rights; ane that the latter raserves to itself all !mineral and oil -and gas rights, together with rig::: of reasonable I!access thereto should such be found reasonably necessary, but such r 4 access shall not intarera with any structure or structur3, coa- !�structed, operated. or maintained by the City, nor access thereto. 4. The consideration for the lease shall be the pa-In.nnt by ;the -City of any and all taxes or assasEr:►►ents, together with any !, r_i jpenaltics ar inte;es. Sharcon', hereinoefora•or hereinafter levied fagainst..any py,r.=_or„arys of_the_property of the lessor cc:ttained �•in U-S. Survey 192 used for tax-exempt purposes. ✓ S. It is further understood and agreed that'the lessee !,herein may cub' -case any or all part. of the land heroin ee=,;sad . �ij r. f'to any person or -peers oper4ting thereon -permitted a nes herein I w 1 �SpeC2f1Cd, including CGnCC^.Slon;. b�Y , provided however, that no sub- IS �� �laase or concession a `'" g: ac-ent shall be soda by the City which uz i::auld require the land used therefor to be classified as subject s ; o t-axation wirrin the r..eanin ; of Section 1► of Article I:: of tan o CCnz :itution. o ' is t! o. thn:.� •mate of r F.1hsxa.t aid; It is further understood and agreed that any opera- .-ons a conducted cz the ce-:sed rc-fees Z:.a l ' m �• . p 1 ba uncer aErccrer.:s aet:raer.; 2 f=esaoe "e to=rd Parties and such agreements will pr ov:ca acc ::ate _2_ v+ i t r) a 3 . �indamnity to the Church that no taxes or liens of any sort or ratura :will arise :rota said operations or transactions at the cost of the Church. 7. The Church specifically agrees that the gity may recen- !struct or cause to be reconstructed on the de:aised premises a fro lica of old "For_ t_ Y�y"; and upon construction of the same, ,:the City agrees to operate and maintain the structure in good �. oparable condition for the uses and Purposes aforesaid. 8. TI•.e ' Church further agrees that the !Lay, with its ' N own funds and without cost to the Church, rebuild, reconstruct i, hard :..aintai.- tha structure located on the demised ;�rerises and hdesignated on Exhibit A as "Parish house". !I S. It is further understood and agreed between the parties 'hereto that this lease :.ereinabova dated July 25, 1966, supersedes Wand replaces any and all other instruments between the par:ias i';hereto ralating to the de:ai:ied promises. ; IN :1T_::IF.SS 4l:sEBSOF, the parties hereto have caused this lease ;! J• !tto be executed the day and year heroinabove first written. 4 { (t RUSSIA.:I ORTHODOX GRF.EX CATHOLIC ij CHUMH OF :1OR::I AX.F.I :IA i,mvrassy t Bishop of Sit1:a Chd itilaEY,R ` . i� C.�,.v. Oc KENAI, ALAS'Ai i ' �•%•. I BY � • f t i zz •a.. _ C_.1L �:..r. OF f I? i Iv :S TO C : :.. •: 'i ' that C tI':SS\ day Of ^'' • b�. � . t � � r 1967, before no, the undarciE:neu, a Notar-1 Public in and for the tt S --State of Ulaska, duly cxr.is:ioned and sworn, personally ap;aared I A.`:V:tCSSY :;»:i;.;XO, knocin to r..e and known to rae to he the individual+ whose name is subscribed to, and who executed foreZoirg lease, and he ackno::ledZed to ::a that he is tho duly appointed and actinZ i ;.Bishop of Sit%a and Alaska and that he executed the same freely ' y s ,and voluntarily, with the full riGht and authority to do so, and for t::e uses and purposes therein mentioned, and for and on behalf= !' of his principal, the BU::S:?14 OR:"riOLC:C GREEX CATHOLIC CiiL'RC:: Os Oft: is A.`:Z2: CA. ` .• ` IN tJITNZSS iJHLR OF, I have hereunto set ray hard and official i day and year in this, certificate first written. I J o:ary rual-c, state of Alaska. „y . •''' :,j corrcission expires: . STA 7.OF ALASKA ) • SS. !:THIRD JUZIC:AL DIST^.:C: ) ' THIS IS TO Cif ;::Y 4hat on this day of 11967, before »a, t:.e undersig. fed, a Notary Public in and fc.: the State of Alaska, duly cor..missionee and sworn, personally a; geared known to me and knoun to me to be the i:dividual �vyhasoe na »c is subscribed to, and vio executed tha °ore ;oin!; lease'! 11and :e acknc:iledt;ed to ae the t he is the City :Ianaaer of tha Cit•, s i i iof Kenai, Alaska, and that he executes the sa«-to freely and '< voluntarily, :r_t:. the full riMht and authority to do so, and for :; uses and rurposes therain mentioned, and for and on behalf of u.z L; t:.0 C: ty Of a� is I:: ..::: Z'S ....: , I ,have :hereunto set - y hand anal official S `o sea:. the day anc y-s.1r I.. t:ia certificate first c:r- 0.1 Y R r) CITY OF KENAI ORDINANCE NO. 785-82 AN ORDINANCE OF THE COUNCIL OF THE CITY OF KENAI, ALASKA, REPEALING K14C 1.15.020 AND RE-ENACTING KMC 1.25 TO INCORPORATE THEREIN THE UNDUPLICATED PROVISIONS OF SAID 1.15.020 AND TO PROVIDE FOR APPOINTMENT OF AN EMPLOYEE TO CARRY ON THE DUTIES OF THE CITY CLERK WHEN THERE IS NO CITY CLERK AVAILABLE. WHEREAS, the current ordinances provide for appointment of a Deputy City Clerk only when the City Clerk is absent from a Council meeting, and WHEREAS, the City Clerk has many duties of an official nature, and there should be provisions in the ordinances so that some employee will be designated to carry on the duties of the City Clerk when the City Clerk is on leave, out of town, ill, otherwise incapacitated, or when the position is vacated, and WHEREAS, KMC 1.15.020 appears to be misplaced in a chapter dealing primarily with operations and rules of order of the City Council and some of the provisions appear to be duplicitous of provisions in Chapter 1.25 dealing with the position of the City Clerk, and WHEREAS, it appears to be advantageous to consolidate the provisions in KMC 1.15.020 with the provisions in KMC 1.25 and to make provisions for substitution of another city employee in place of the City Clerk when the City Clerk may be unavailable or incapacitated in order that the important duties of this office shall be carried on at all times. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, as follows: section 1: K14C 1.15.020 is hereby repealed. 69=10n-Z: RDIC 1.25 is hereby repealed and re-enacted to read as follows: 1 3 r CITY -CLEAR 1.25.010 B26itiga: The City Clerk shall be an officer of the City appointed by the Council for an indefinite term and shall serve as clerical officer of the Council as provided by the City Charter in Section 2-5. 1.25.020 QUti€E: The Clerk shall attend the City Council meetings, perform all duties set forth in Section 2-5 of the City Charter and all duties required herein and by other sections of the Kenai Municipal Code -- the duties enumerated herein shall not be considered to be exclusive, and the Clerk may be assigned additional duties from time to time by the City Council. The Clerk shall file and duly keep all records, public papers, and accounts records held for permanent record or historical purposes (as contrasted to operational use) as custodian of records for the City, shall duly authenticate all ordinances and resolutions passed by the Council, and shall, on request, certify as true and correct copies of any City records which may be required. The City Clerk shall be the registrar of elections of the City and be responsible for issuing the call for, and supervision of, all elections and shall be responsible for such other duties pertaining thereto, as may be set forth in Title 6, entitled - "Elections". 1.25.030 Substitute: (a) In the event of a vacancy of the office of City Clerk, or in the event the City Clerk is not available to perform the duties of the office because of illness or other incapacity, being out of town on official business, being on annual leave, or being unavailable for any other reason, there is hereby appointed to perform all of the duties of the City Clerk during such vacancy, absence, incapacity, or unavailability, a Deputy City Clerk who shall be that employee 1 of the City holding a position which shall be designated, and may be from time to time modified, by resolution of the City Council 1 as the position the holder of which shall have the duty of Deputy City Clerk. (b) In the event the City Clerk and the holder of the ?" office designated by Council as Deputy City Clerk are simultaneously unavailable for such duties as set forth above, a 2 1'I Temporary Deputy City Clerk is hereby authorized as follows: (1) After consultation with the City Manager, the appointment of a Temporary Deputy Clerk may be made by the Clerk, but if the Clerk is not available or able to make such appointment, then 'the appointment will be made by the Mayor; (2) The employee appointed as Temporary Deputy Clerk shall serve as such until the return to duty of the City Clerk, the return to duty of the Deputy City Clerk, or until the appointment of some other person to that position by the City Council, whichever first occurs; (3) The appointment of a Temporary Deputy Clerk shall be made in writing and shall be posted on the City Administration Bulletin Board with copies to all Council members, Department Heads, and Chairmen of Commissions, and a copy thereof shall be placed in the Personnel file of the employee so appointed. PASSED BY THE COUNCIL OF THE CITY OF KENAI, ALASKA, THIS 7th day Of July, 1982. VINCENT�O'REILLY,~MAYOR __._ ATTEST: Janet Whelan, City Clerk I' First Reading: June 16, 1982 Second Readings July 7, 1982 Effective Dates August 7, 1982 4 /' =� 11 i �ihlua��h�.. ;dl��lllJl�lr� _`■t �► ;I MEMORANDUM TO: HONORABLE MAYOR & MEMBERS OF CITY COUNCIL FROM: BEN T. DELAHAY, CITY ATTORNEY /VV RE: PROVIDING FOR A DEPUTY TO ACT IN ABSENCE OF CITY CLERK DATE: JUNE 10, 1982 Ordinance No. 785-82 is submitted to the Council in order that the Council may determine some prompt, efficient manner in selecting an employee to act in the absence of the City Clerk. Attached hereto are pertinent provisions of the City Charter and the City Code concerning the City Clerk's office. Charter Section 4-7 provides that the appointing authority may appoint someone to act during temporary absence, disability, or suspension or in case of a vacancy, and it provides that the Council by ordinance may "provide for a deputy to act in such cases% For this reason the wording in the subject ordinance has been changed to make the appointee a Deputy City Clerk instead of an Acting City Clerk as the party has been designated -in the past. Charter Section 2-5 provides for the position of the City Clerk and many of the duties with the provision that the Council may prescribe other duties. KMC 1.15.020 (which appears in the chapter of the Code pertaining to Council meetings and how they are carried on) provides for some of the duties of the Clerk and provides that if the Clerk is absence from a Council meeting the Mayor shall appoint an Acting City Clerk. KMC 1.25.010 constitutes a cbapter devoted to the City Clerk and the duties of City Clerk and duplicates some of the provisions of KMC 1.15.020. Ordinance No. 785-82 as drafted repeals KMC 1.15.0Z, since it appears to be in the wrong chapter, and includes the duties set forth therein in the provisions of the amended chapter K14C 1.25. Pursuant to the authority in Charter Section 4-7 for the Council to provide for a Deputy to act, KMC 1.25.030 sets forth manner of designation of a position in City employment the holder of which 1 f will be expected to serve as Deputy City Clerk in the absence of the City Clerk, and also provides for appointment of a Temporary Deputy City Clerk in the absence of both the Clerk and the Deputy. The position to be held by the Deputy City Clerk is not set forth in KMC 1.25.030(a) because in the event of change of personnel or a desire to change the appointment it would be required to make an ordinance change which would require two meetings of the Council and then a thirty day delay before the ordinance became effective. Instead it is provided that such position shall be designated and may be modified by resolution which can be passed at one hearing and become effective immediately. In appointing a Temporary Deputy City Clerk, KMC 1.25.030(b)(1) provides that such appointment should be made by the Clerk (who is responsible for conduct of the office to the Council) or if the Clerk is not available or unable to make such appointment, then to be made by the Mayor. These appointments are required to be made a"er gongYltatiQn with-theCity-Maadggr, because the employee who would be appointed would be under the control and supervision of the City Manager, and the City Manager would be more aware of the current work load and the capabilities of his employees. Note that only consultation is required, but the appointing authority is still in the Clerk or the Mayor. KMC 1.25.030(b)(2) merely sets forth the duration of the appointment of a Temporary Deputy City Clerk. Of more importance is KMC 1.25.030(b)(3) which provides that such ` appointment of a Temporary Deputy City Clerk must be made in writing, posted on the bulletin board, and copies distributed to all City officials who might have some reason to contact the Clerk so that they would know who is taking the Clerk's place. One substantive change has been made in the duties of City Clerk. KMC 1.25.010 1 presently provides that the Clerk perform all duties directed by City Manager or Council. This was necessary when the City Clerk did most of the secretarial work and the City Manager had no secretary. But in the present circumstances it would appear the City Manager cm1d give the Clerk so many duties that the Clerk might not be able to accomplish the duties required by Charter, ordinance, and City Council. No problems of this nature have occurred, but it would appear that the ordinances should not leave such an opening for future problems. BTD/md 2 i- and/or group bonls, for t::•2 performance respecti•re d-zt a •a o f to �•�s, p •, s.;lc ro -.he cut;, in such Torn a::;2�i.^. such a:.ounts as the council mir.. prescrit th company e, :;= a surety any author too e. il.hin t The cl� � operate :r the state. shall pay the premiums on such brn':s. (Chance.effectedy October 5, 1976). Section 4-4. Oath or affirmation of office. E�•er. officer of the city, be-rore enterin; 'upon the cities of his office, shall take and subscribe to tha oath or affirmation Of office pre,cribed bf the Alaska Constitution, :article x7i, Section 5. The oath or affirmation shall be filed and kepi_ in the city clerk's office. Section 4-5. try: o may administer oaths and affirmations. All officers authorized b_: federal or state law, t:ie mayor, the city nanacer cif any), the city clerk, the municipal judge, and such other officers as the council may authorize, may administer oaths and affirmations in any natter pertaining to the affairs and government of the city. Section 4-6. Removal, etc., of officers and enoloyees, The power to lay oZr, suspend, de:rote, and remove accompa:ies the power to appoint or elect; and the city administrator, the council, or other appointing or electing authority at any time may lay off, suspend, denote, or remove any officer or employee to whom he, the council, or the other appointing or electing authority respectiiely :lay appoint or elect a successor. Section 4-7. Acting officers and emnlo7ees . T::e ap- pointing or electing authority who r.-,a•r appoint cr elect the f successor of an o-ficer or employee, rat appoint or elect a person to act during the te::gorarf a:,sence, ' disability , or suspension of such officer cr employee, or, in case of a vacancy, until a successor is appointed or elected an.; quali- fies, unless the council provides by ordinancs that a aar- ticular superior or subordinate of such officer or employee shall act. The council by ordinance may Provide for a deputy to act in such cases. Section 4-8. Officers to aonti:4e until successors are elect e cr aopointed and cuali`.• E•,'ery officer tx is elected or appointed for a term en -ding at a definite time, shall continue to serve thereafter until his successor is elected or appointed and qualifies unless his services are sooner terminated by resignation, disqualification, t ..ion, re:to•:a_, isguali_ ca..:o::, death, abolition of the office, or other legal manner. J �r C-9 (Ker:ai lr/ 2Oi "9) ,t -...w. established, or prescribe the method of appointing or elec- ting and removing them; (6) To create, chanclo, and abolish all offices, depart- ;cents, and agencies of the city government other than the offices, departments, and agencies created by this charter; and to assign additional powers, duties, and functions to offices, departments, and agencies created by this charter. m l� 0 Section 2-5. City clerk. There shall be a city clerk, who shall be an officer of the city appointed by the council for an indefinite term. The city clerk shall serve as cleri- cal officer of the council. He shall keep the journal of the proceeding of the council, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by it. He shall be custodian of such documents, rec- ords and archives as may be provided by law or ordinance; shall be custodian of the seal of the city, and shall attest, and affix the seal to, documents when required in accordance with this charter, law or ordinance; shall keep a correct and up-to-date record of the city boundaries and changes therein; and shall have such powers and duties relating to elections as this charter or the council may prescribe. (Change effected October 5, 1976). Section 2-6. Council: Meetings. The council shall hold at least two regular meet ngs every month at such times as it may prescribe by ordinance, resolution, or rules of the council. The mayor or any four councilmen may call special meetings. All meetings of the council shall be open to the public, and the journal of its proceedings shall be open to public inspection; but committees of the council, including the committee of the .:hole, may hold private meetings; pro- vided that all actions of the council shall be taken at pub- lic meetings. Section 2-7. Council: Absences to terminate membership. If the mayor or any other councilman: shall be absent from more than one-half of all the meetings of the council, regu- lar and special, held within any period of three consecutive calendar months, he shall thereupon cease to hold office. Section 2-8. Councilmen: Removal. The major or any other councilman :rya:: be razo•:e"i rrori o fice for any cause specified hj applicable state law for the remo%:al of officers, and in the manner prescribed t"areb;, or by recall as pro- vided in this charter. Section 2-9. Council: ':acarcies. The council, b*, a major-ty "Ote of its rcmainl�n'.! ��rsers, shatl fill vacancies in its own :rembership, including a vacancy in the office of -4 1 = n 1..15.010-1.15.030 1.15.010 Presiding, q fi : (a) The Mayor shall Preside at all meetings of the Council. He shall preserve order and decorum among the Council members and is responsible for conduct of all meetings in compliance with these rules. He may, at any time, take such reasonable action as he deems proper to preserve order among the Spectators in the Council chamber during sessions of the Council. He may speak to points of order in preference to other members, and shall decide all to appeal to the Council by motion dun lysecondedts of das�hereinct provided. He may participate in the debate on any matter. He may, at any time, call any member to the Chair during any meeting, such substitution to discontinue when he elects to resume the Chair, and in no event beyond adjournment of the meeting at which such substitution is made. (b) In the temporary absence or disability of the Mayor and Vice Mayor, any member of the City Council may call the Council to order at any regular or duly called special meeting to elect a president pro tempore from among its numbers; and the president pro tempore shall exercise all powers of chairman during temporary absence or disability of the Mayor and Vice Mayor, and may vote on questions before the Council. (KC 1-8) 1.15.020 City -lark: (a) The City Clerk shall be clerical officer of the Council as provided by the City Charter, Section 2-5,. She shall keep the journal of its proceedings, and shall enroll in a book or books kept for the purpose all ordinances and resolutions passed by the Council and shall duly authenticate them. (b) If the City Clerk is absent from a Council meeting, the Mayor, with approval of a majority of all the Council, shall appoint an acting City Clerk to serve durinq such absence. (KC 1-9) 1.15,030 Public %iApfinRa: All meetings of the Council Shall be open to the public, and all actions of the Council shall be taken in public meetings. However, the members of the Council sitting as the Committee of the Whole and any .;� other committee of the Council may hold private meetings, as y provided by the City Charter, Section 2-6. The Council, by a vote of 5 members, may resolve itself into Private i Committee of the Whole by adopting a motion that the Council resolve itself into Private Committee of the Whole; and the Mayor or any 4 Councilmen may call a meeting of the Private Committee of the Whole when the Council is not in session. z I' (KC 1-10) 1-4 (City of Xenai +" �.1 Supp. #8 4/6/81) 1; I' Q 1•23•010 CITY CLERK: 1. The City Clerk shall attend WERMOMN the City Councill met nos, keepa f Proceedings, shall file ull record of all its Papers and accounts records duly for Permanent all records, public (as contrasted to operational use) aspcustodian oofhrecor s for the City. The City + elections of the City andlbe�responsshall iblehforethetissuof ing records call, for and supervision, of all elections. City shall perform all duties required by this Code and Clerk directed from time to time by the City Manager or the City Council. 2• The City Clerk shall be an officer of the City appointed by the Kenai city Council to 3. The duties enumeratedhereifor an indefinite ot be term. dutiesefromstimeand to timeCasrdimay bi,assigned additional (KC 1-21; Ords 176, 1.30.010 FINANCE DEPARTMENT: 1. There shall be a?pofnted a City Treasurer -Finance Director for the City who sebiishall exercise all of the authority, and assume the respon- ony for financial matters as described in the Charter, Sections for and 3-5. Such duties and of, but not Such be limited to powers shall consist of all revenues or other funds of the�CiollectIon or receipt an accounting system or systems, maintenance ofnaesyste of internal control of accounts, maintenance of a systemof of control and delivery of disbursements, and act as custodian in all City funds. Deposit of the funds of 'n such depositories as the Council shall fthe rog: time Shall e designate. The City Treasurer -Finance Director shal beto bonded for `'10,000 or such greater sum as the Council shall diract. sha112be Appointment of the City Treasurer -Finance Director y the City Manager to serve for an indefinite term subject to the provisions of Section 3- 6 Of 3. In addition to the duties enumeratedhaboveKenaand hnot er. necessarily limited to the enumeration there or here, the City Treasurer -Finance Director shall be responsible for financial reporting of the status of shall establish and-naintain internaltcontrols to carry_ cut Citt"s finances, the intent o- the instructions of the Council and directions of the ordinances of and City Xanai . the city of `)• Vie City Treasurer- ander the supervision ofthe.".^snce Director shall :pork 3n3 erable to the 1t,/ ,anacer and shall :De .4tieS L.^.�'O1TSC. L.;l�.aZaser 2 t�-e P,er_orma r n nee oL �11 t_e^s_o'er_iarated sr fr.-. etrein :a.b KC !_22;E Cr.-' 175 i G-7 CITY OF KENAI P. O, BOX $90 KENAI, ALASKA 99411 TELEPHONE 2E9 • 7E9s June 10, 1982 TO: Kenai City Council FROM: Kenai Advisory Planning and Zoning Commission SUBJECT: Addendum to Lease for Great Northern Investment Corporation Lot 1 Block 1 of Cook Inlet Industrial Air Park from Donald D. Price to Roger E. Roll At the regular meeting of the Planning and Zoning Commission, the following motion was made for your consideration: MOTION. - Dr. Turner moved, seconded by Mr. Lee Lewis to approve the addendum to the lease of Mr. Roger 11oll dba Northern Investment Corporation .Motion passed with unanimous roll call vote jal N I ... ' "j. 7 r '7 f �:wear;�,.w�ee�rlr+�+c.wr+iss�vq I .. .... r.7 ��. ... • .. "1... ...'. r .. - 1:/,riili.Ii�4'.'.�r:l�{N4:/ir�i.1/'9y.'., ......�I J: . ADDENDUM TO LEASE This Agreement entered into this day of , 1982, by and between the city of Kenai, hereinafter called "city" and Great Northern Investment Corporation of P.O. Box 4405, Kenai, Alaska, 99611, LEASEE. WITNESS Whereas Great Northern Investment Corporation is presently the Lessee and Assignee of that certain Lease dated the first day of September 1966 by and between the city of Kenai and Donald D. Price d/b/a/ Kenai Radiator Clinic affectings Lot Ono (1), Block One (1), Cook Inlet Industrial Air Park, Kenai Recording District, Third Judicial District State of Alaska and, Whereas said Lease was recorded in Book 94 Page 345 �. to 348; and Whereas Lease provides at Page 1 that the purposes for which this Lease is issued area Radiator Repair, Recore Rebuild, Auto, Truck and Tractor repair shop. And Whereas it is within the interest of Lessor and Lessee to expand the useago of the said premises, Now therefore, It is agreed that the purposes for which this lease is issued is to read "to be used for business and office spaco." The contents of this Addendum shall innure to the benefit of the heirs and the Assigns of the parties hereto. DATED this day of 01982, '.- at Kenai, Alaska, City of Kenai By: s Page One of Two Payes Addendu.•n to Lease — '___V if On this day of 1982 before me personally appeared ,known to me to be the person who executed The —above Addend— to Lease and acknowledged that he had the authority to sign the same for the purpose stated therein. The contents of this Addendum shall anuro to the benefit of the hairs. Votary in and for Alaska 14Y Commission Expires: Great northern investment company ROGER V HOLLP FrOBiftnt STATE Or ALASKA THIRD JUDICIAL DISTRICT THIS IS TO CERTIFY that on the 44 day of 1982, . , -2 & - 0- 5. 4 appeared be ore the un3erqj4nSa Notary c or the State Of Alaska. I know him to be the 7— of% an Alaskan Corporation. fie said thati6a newt Contents ot tne foregoing instrument, and acknowledged the same to be the act of said Corporation, done by authority of its hoard of Directors. rlCtary Public inand.or Alask —.0"M 00"O"Um" My Commission j q. 4 041 04 P390 Two Of Two Pages Addendum to Lease fA Cr . . i. •. :,Yr{� .' A .Y....:.. I l.'D n: w:T.... .... .nl...'t+r+, �Ly T ;•�.� lf� 'L ADDENDUM TO LEASE This Agreement entered into this day of 1982, by and between the city of Kenai, hereinafter called "city" and Great Northern Investment Corporation of P.O. Box 4405, Kenai, Alaska, 99611, LEASEE. - WITNESSs Whereas Great Northern Investment Corporation is - presently the Lessee and Assignee of that certain Lease dated the first day of September 1966 by and between the city of Kenai - and Donald D. Price d/b/a/ Kenai Radiator Clinic affectings Lot One (1), Block One (1), Cook Inlet Industrial . Air Park, Kenai Recording District, Third Judicial District State of Alaska and, - Whereas said Lease was recorded in Book 94 Page 345 to 348s and Whereas Lease provides at Page 1 that the purposes - for which this Lease is issued ares Radiator Repair, Recore Rebuild, Auto, Truck and Tractor repair shop. „ r ; - •, And Whereas it is within the interest of Lessor and Lessee to expand the useage of the said premises, ' - - Now therefore, It is agreed that the purposes for _ which this lease is issued is to read "to be used for business i and office space-" The contents of this Addendum shall innure to the benefit of the heirs and the Assi ns of the g parties hereto. b 0 DATED this day of ,1982, ' J ` X J•'s at Kenai, Alaska. s. City of Kenai W .4 By: Page One of so pages f Addendum to Lease K ' � �r:I'b_%:a.�.�,vJ-.OAS�tkR�'.S...a. ,,. ,wq w.^irI%/1�Mulii!!V4yM,V.+.1Iw.w�}Mi:•iM,..r, ... :./.'�•: •. .. ..G/ �l�1Ci«:«...... .. .Nr.;�pdif��4. I On this day of , 1982 before me personally .r✓y:.d R:l`/+'•1.; G4✓.: ':l?G.Y"±"I/sf srUri appeared ,known to me to be the person who executed the above Addendum to Lease and acknowledged = that he had the authority to sign the same for the purpose stated therein. The contents of this Addendum shall enure, to the benefit of the heirs. -- --" -- � "r , ••D wig �•w .t 7::3;!J^"-'"" '„�i; ' - • - Notary in and for Alaska My Commission Expiross Great Northern Investment Company C2, Sy i �1f- 7 f — ROGER Pi ROLL, President . STATE OF ALASKA ) �_ _ THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on tha _Aay of „ ' :- �,• 1982, ,ilrN , 1-k, appeared be, c-R', the undersigned 'Alaska. ✓'r.,: No P a or t e Stata oI knave him to be the Sys lr..-Al % of ,�=J7-1!r47NAeXJ-Wr�r9�yur , f;:"• An A as an orporat on. Ha said -thata now t e contents o e - - ^. foregoing instrument, and acknowledged the same to be the act of said Corporation, done by authority of its Hoard of Directors. - Notary Public inn and for34s a My Commission Expiress�-,;Jt/�j"�" az� j — - ') Wc:�g os.?= a Page Two of Two Pages Addendum to Loase Iwo Vid - .. �.. ,w •«•,arhfN•Rir-•iir�w..r.�w�Yy...•�Li•..'L-T ..••'.�.:'.;•i.,ra .... .�':..�r��: .r«. .�.. e _ • _ ` : • COUSEIST TO AS31GUMVIT The assignment to •1114 MISKO, an general partner of Kenat Professional Limited, a limited partnership currently being formed, of that certain lease between the City of Kenai and BALDWIN, ROGERS, ARIIESS and ARIIE55, dated October 25, -- ; 1177, recorded at Rook 117, Page 642, as amended, and an aubsoguently ansigned to BALDWIN and ARIIESS, covering the � folluwing-described property; r'. Lots Five (5) and Six (B). Rl•ick Three (3). COOK �•,r,µ :� IILET INDUSTRIAL AIR PARK; according to the Plat I thereof on file in the Kenai Recording District, Third Judicial District, State of Alaska, l _ TN HEREBY APPROVED, subject to the same terms and conditions as contained in the original lease above -described, as amended, CITY OF KEIIAI • I By. 1 " WILLIAM J. BRIGRTVt City Manager , STATE OF ALASKA ) an. THIRD JUDICIAL DIZTRICT ) 7111S IS TO CERTIFY that before me, the undersigned, { ' a flotary Public in and for thou 5t.atG of Alo»ka, duly ' p commissioned and sworn as such, personally appeared WILLIAM J. RRIGHIOU, known to m•: and to mr, known to be the identical individual named in and who executed the above and foregoing inatrumrnt, and who nekno'.rledged to me that he signed and sealed the same an hla free and voluntary act and deed, for - the uses, and purposes th•rroin mentioned and set. forth. I ttl 7:f'ffli:::: i1N.£R%OF, I hnvo hereunto net my hand and affiz•.d my official seal, this day of 1r11i�H'! i'VI:LIC Ton s iMR I My t'r,rrmis�latr Fxpirs•n: 11 ` I I I I i I . I '« w m.rwr• 1 I tl1tENIM R T4TLOR '>�r�r.Ji�Ov:fl}�T '�iii•.�r� �/•M.YIiYM�,I ern ra.,isr I j. F t! 111 1 F , t . , E� . ,.r'•A'�'.�I':'7.y,RMr•s'r..,�,IiNrYMi� city OF NOW ♦7*"v nw uvw.v.,i. ABtfSGtIBBbT..OY^LY,dBB FOR VALUE RECEIVED, CATHERINE COLETTE YAMAMOTO OF KENAI, ALASKA, does hereby assign to RONA'LD S. YAMAMOTO OF KENAI, ALASKA, all of her rights, title and interest in Lot 3, Ouaty Subdivision, to and under the lease between RONALD S. YAMAMOTO AND CATHERINE COLETTE YAMAMOTO and the City o! Kenai, dated May 3, 1976 and recorded in Dock 125, Page 463 in the Kenai Recording Diatriat. DC1SliD10LBIIGPt6Ll1T STATE OF ALASKA ) )sa THIRD JUDICIAL DISTRICT ) THIS IS TO CERTIFY that on this 41ZL day o!.-1'ff_r, 1082, before me, the undersigned Notary Public in and for the state of Alaska, Personally appeared CATHERINE COLETTE YAMAMOTO, whose name is subscribed to the foregoing Azaignm@nt of Lease, and acknowledged the voluntary execution of a id Assignment of-Lonse. Notary Public in any d fotA laska My Commission Expires y�� APPROVED BY THE CITY OF KENAI, ALASKA Woo J. BBrighten, City Manages STATE OF ALASKA ) THIRD JUDICIAL DISTRICT ))as Tilts IS TO CERTIFY that on this _ day of , 1982, WILLIAM J. BRICHTON, City Manager of the City of Kenai, Alasko, being personally known to me or having Produced satisfactory evidence of identification, appeared before me and acknowledged the voluntary and authorized execution of the foregoing instrument. notary public for Aloke .... My Commission Expires$ 1 _J A CITY OF KENAI „ad igaja" 4 4" P. O. BOX 3E0 KENAI, ALAEKA 99611 TELEPHONE 289 •7b28 Juno 11, 1982 TO: Keith Kornelis, Public Works Director FROMs Jack LaShot, City Engineer SUBJECTs Strawberry Road Paving I recently attended the last public hearing concerning paving of Strawberry Road. This project is Borough funded and initiated, however, portions of the road are within the City. Two alternates were discussed, one being the solid line on the attached drawing and one being the dashed line. The majority of the people present favored the solid line route (existing Strawberry Road). This alternate is already designed and waiting for money appropriation. The dashed line alternate which was favored by a few residents, would construct an entirely new road and would place over half of the entire project within City limits. Does the City Council wish to offer comments on the project before the Borough makes a eommittmont on which route to take? JLS:jal MM M11 1111 M •Lrl �� June 10, 1982 CITY OF KENAI Capi&i 4 4ias4a„ P. O. BOX 560 KENAI. ALASKA 99611 TELEPHONE 303 • 7336 TO: Kenai City Council FROM: Kenai Advisory Planning and Zoning Commission SUBJECT: Resolution PZ 82-9 Recommending Amending 101C 14.10.080 (b) The Kenai Advisory Planning and Zoning Commission, having held Public Hearings and discussions on Resolution PZ 82-9. present the following motion for consideration: MOTION: Mr. Lae Lewis moved, seconded by nary Quesnel to adopt Resolution PZ 82-9 and to present the resolution and motion to the Kenai City Council for consideration. Motion passed by unanimous roll call vote lzt 9 CITY OF KENAI RESOLUTION NO. PZ 82 - 9 A RESOLUTION OF THE ADVISORY OF THE ADVISORY PLANNING AND ZONING COMISSION OF THE CITY OF KENAI, ALASKA, RECOMME`DI:1C AME-NDING 102 14.10.080 (b) TO EXCEPT THEREFROM SUBDIVISIONS PREPARED BY THE CITY OF KENAI AND TO ALLOW SUBDIVIDERS TO POST SECURITY OTHER TH.iv SURETY OR CHECK. WHEREAS, 101C 14.10.080 (b) is designed to prevent a subdivider from not carrying out the responsibilities required in selling property with the result that the City of Kenai is left with the problems of citizens who do not have suitable streets, water, or sewer, and WHEREAS, when the City of Kenai prepares a subdivision, it is already responsible for installation of such improvements, and therefore, the provisions of that paragraph need not apply to subdivisions prepared by the City of Kenai, and WHEREAS, the provision that in lieu of such installation a subdivider might file with the City Clerk a surety bond, cashier's check or certified check to secure construction of such improvements might be interpreted as limiting forms of surety for such improvements to those named, and WHERMS, other forms of security might be used which would be less costly and less difficult to obtain by the subdivider, and WHEREAS. the Kenai Advisory Planning and Zoning Commission has made a study of this ordinance and a report to the Council, in accordance with provisions of KMC 14.10.110. NOSI, THEREFORE, BE IT RESOLVED BY THE ADVISORY PLANNING AND ZONING CO.%V,1ISSIO3 OF THE CITY OF KENAI, ALASKA, ar. follows: Section 1: That KMC 14.10.080 (b) is hereby amended as follows: (b) No final or official plat of any subdivision, except for subdivisions prepared by the City of Kenai. shall be approved unless: (1) The improvements listed in the following subsections have been installed prior to such :approval, or (2) The subdivider shall file with the City Clerk security. such as but nat limited to, a surety bond, cashier's check, or a certified check upon an Alaskan bank conditioned to secure the construction of the improvements listed in the following subsections in a satisfactory manner and within a period specified by the City Council, but such period shall not exceed 2 years. No such security, bond or check shall be accepted unless it be enforceable by or payable _ to the City in a sum at least equal to the cost of constructing the improvements as estimated by the City Engineer or his equivalent under contract by the City, and in form with surety and conditions approved by the City Attorney. PASSED BY THE ADVISORY PLANNING AND ZONING COMMISSION OF THE CITY OF KEtiAI, ALASKA, this 12th day of May, 1982. Chairman ATTEST: Janet Loper, Secretary � 1 "op I . I r June 10, L982 CITY OF KENAI - Del 4 4"„ I. O. $OX 510 KENAI, AtAfKA 99611 TELEPHONE 283 • ?IS$ TO: Kenai city Council FK02.1: Kenai Advisory Planning and Zoning Commission SUBJECT: Request for Amendment of Lease on Block 2 Lot 1 GAA for SouthCentral Air for installation of Fueling System. I j%t the regular meeting of the Planning and 'Zoning Commission on June 9, 1982, discussion was hold regarding the request outlined above. The following motion is being sent to the City Council for consideration: MOTION: Mr. Lee Lewis moved to recommend approval of the amendment to the lease of SouthCentral Air as submitted, seconded by Paul Turner. P � ,`. Motion passed with unanimous roll call vote i i; jal I% I I { Dave 111at011ndof,,nlrn, i� U ti�l% !PNi t,hmW1',WO04,1414 Kefu►t.Ak r,Nil1 r out 9 n � � afttra� it I Juno 8, 1982 City of Kenhi City Manaqer Attn: Bill Brighton I Dear Mr. Brighton, Bouthcontral Air and/or Diamond Rentals is requestinq an amendment to our lease on block 2 Lot 1 GAA. He are installing a new fuel system to upgrade our old system and also sell fuel for retail. There will be a 12,000 gallon main tank installed at 3CA's Block 1 Lot :3 OAA lot, There will be two lines run under the taxiway to Block 2 Lot 1 GAA lot for ' retail sales. This lot will be covered with approximately 20,000 square feet of asphalt. Enel000d is a diagram of the intended installation. Evorytbing will be done to code. Aproximate value will be $45 to $50,000. The taxiway between the two loto will not be cut. Pleane adviso if you need more information. Bincercly yxGy . avid - :=•nramond , Prosident•/BouthCentral Air, Inc. cs Charter • Commuter • A,r Freignt r Pickup G Oelov" i -7 • ONoee / �• o 0 07 ©�9C* J h/ lr4*/ .1 4h ®�� •`• d IG ' 1. A l� � � �1.`' l 4pAOp / 441, 4`rO 0 G.. I.3 CITY OF KENAI „ad eapdai 4 41az4a„ F. O. SOX 520 KENAI, AtASKA 99611 TELEPHONE 913 • 1896 June 10, 1982 TOs Kenai City Council FROM: Kenai Advisory Planning and Zoning Commission SUBJZCTs I•ands Conveyed to the City of Kenai due to Tax Foreclosures by the Borough At the regular meeting of the Planning and Zoning Commission the above issue was discussed and reviewed. It is the recomwondation of the Commission that the issue be turned over to the Parka and Recreation Commission for their input and recommendations, and further that the following motion be considered: MOTION s Dr. Turner moved that finding no public use for these parcels that the City move forward to sell them by public auction, motion seconded by Mr. Lee Lewis Motion passed by unanimous roll call vote J-11 CITY OF KENAI .,ad edfjiW 4 44"a-- P. O. BOX 610 KENAI, ALASKA 99611 TELEPHONE 213 • 7636 June 7, 1982 MEMORANDUM TO: Kenai Planning & Zoning Commission tdi'' t�,,�,tte.- FROM: Dana Conley, Administrative Assistan RE: Tax Foreclosed Lands Submitted for your review on the attached sheet are lands conveyed to the City of Kenai due to tax foreclosures by the Borough. We would like to determine if there is any anticipated need for these parcels for public use, and if not, we plan to sell them by public auction. I have supplied plats of each parcel, and on those plats have indicated the current zoning. On the attached sheet, the amount of taxes owing, the legal description and the previous owner are shown. There are two parcels (039-032-2230 and 049-020-0830) for which the Borough shows no taxes owing. Their records do not indicate payment of taxes within the last few years. All lands are currently in the name of the City of Kenai. Please let me know if you have any questions regarding these parcels. /d Enclosures r- 1 PARCEL NUMBER FORECIASURE NUMBER LEGAL DESCRn TICK FORMER CWNER TAXES OWING 039-032-2230 73-5053I - Deed #6 Lot 22, Block 12, Black Gold Estates Siri L. Johnson None I 039-063-1230 76-15316I - Deed #10 Lot 12, Block 11, C.F. Ahlstran Subd. James Evart $414.31 039-063-1330 76-15316I - Deed #10 Lot 13, Block 11, Floyd Moore & C.F. Ahlstran Subd. James Ewart $414.31 039-063-1430 76-15316I - Deed #10 Lot 14, Block 11 i C.F. Ahlstran Subd. James Evart $414.31 039-081-2330 76-15316I - Deed #10 Lot 36, Block 13, C.F. Ahlstran Subd. James Evart $443.70 045-210-2230 3KN 78-168 - Deed #12 Lot 101, Sec. 34 Sidney Webb $512.64 049-020-0830 75-15119 - Deed #9 Lot A, Walker Subd. Unidentified None 049-230-1130 3KN 78-168 - Deed #12 Part 2, Lot 34, Robert Lee & j Block 1, Valhalla Irma Nelson $391.18 I i I I I I 1 i 6 1 04 032, Eoc,�,a BLACK " GO1. D L 5 TA f fS 1 I '1 m r �r..v .ray, { t : A rr .l:N'r'r •/r •i.t.r r. _•40•.rr t;i�+.1YI hCrYY�h, IMM�MI'IM�w..►U�n.r�w.�n.w��• a..�.r•^r •-...... • u ® � y PARK •® �i� d! 1p 0 ® ® A a6 K 37 1 N n f 7 Q J 3 9 1 ® 90 80©©©®©© O ' KOCR 30 © ®©®0 ®0 ®0 0 0 ©O ®© © (D ,3 `) 039 --ob 3 -ia3o � d3 9 - or0 3 -/A3v Q3 9-• oG3 -/�(jQ • •:emu �?r, l /.?i.,><l.t/ � `.S . I 0 - 0 � /t� "wlo1f bLUGC q 10 Q I CARL F. A}{ '�'TR OM j �� '� - - i �er+•rM,h....;...�..,�gi'...wn�'*'!t+++.....��wry•-+�--..-.�..�..1'it::iij.(�i�lt �i�:r:N»iit._ ., • • �. �• ..•...... •.•, �• .... .,,iC%.ii%?�G�ri.«AS»::7'w'.�S:S,;rj.�ii�itli.CO'�: PO,C%. SIC: ?,5, T 6 V,ra - .3., a �2 1 —7i i3 I G�39-o€�—�330 �' !� • .n r«r•�r•.rwf•,!«. •'1'R". rr6�.7n If'•4"t� �: Y%'11' � i , r;:,... 1 ti: rM �•i !� r�.'.�.... � 1 ���. . ��...i 3�,' ../i { 1 � nsi'• .J t •' h. � (7L '•�J�• eq-3~ AM sz*c 341 71,IV, /c?// W, S$.eAj, 1/4 tt -y 73 - 73 7Z 7l1 70 6➢ 24 ac ,,•A , . 03 0 07 ,zrrLs 't Lis j KCs ras t � I1/ C G• CO v 1 04 ic9 E 124 Its /16 I I (221 I 1 i e1 t ' t j11II 1 L. I I� 1 i E } '• 1 k i i.. POR. SLG.4—T 5 N —R.I I W-S.B,LM. LAWTON DR. g 301 o ® O O4 it 20>!' J � V ilk Z .W X _j rso' LAWTON SUB. AMENDED K-1404 0 0,20 -0r30 O a I WALE Uri Kenai Peninsula Qi NOTE— AssessO/'e Block Numbers Shore in Gtpses Assessor's P°rNf Numbers Snore in Circles moo. 24 's O O POR. SEC. 3► - T 6 N. - R 10 W - S B. & M. o�9-a3a �ii�o 49 .• rot .it et. t ,i L/,�'/IL /.'ti Q 28 29 30 31 32 soo 4 i • 6 z7 33 / , ..34pv roQ 35 00 ° O v 0 4 27 roo• O 11ENg1 SPUR NWy 'ol o , N 1 � 1 h � � 26 N ! 7 Ce VALHALL A HEIGHTS SUB. PA F K-1634 6.30-69 r"1 Kenai Peninsu;'-- Borough, A IT { NG..} Assessors Sock Numbere Shown in [liipses Assessors Parcel Pjumbess Shown in Cjrcles r . I u I I Y4 1 e� oC 1 9 1 � 1 CITY OF KENAI -0d G'd,a" 4 P. O. SOX Si0 KENAI, ALASKA 99611 VILIPNONE 283 • 763S MEMO TO: Kenai City Council/City Manager FROM: Charles A. Brown SUBJECT: Delinquent Leases DATEL June 15, 1982 The City of Kenai currently has over $100,000 in delinquent airport land leases. This amount includes those leases where the lessee has entered in renegotiations with the city. What I am addressing here are those leases that have been cancelled or payment has not been received for an extended period of time. The following are the leases I am concerned with: (@6-30-82) Lessee Description Status Amount Ambarian L9, 10, 11, B2, CIIM 3 years late $ 4,694.66 Serendipity L 3, Spur S/D U 1 Cancelled 58,949.36 Browning b Henry L 6, 7, 8, B2, CIIAP Cancelled 12,924.07 T b D Realty L 4, 5, 6, B1, FBO Cancelled 10,618.88 Borgen L 7, B2, Fidalgo 1 year late 987.64 Borgen L 4, B1, CIIAP 1 year late 1.667.25 S 89.841.86 I believe that under current operating procedures, the city stands very little chance of collecting a material portion of these amounts. I have contacted a local collection agency that has agreed to attempt collection of these accounts. They propose to charge a fee of 25% of amounts collected. That fee would include all legal and collection costs. I have discussed this with the City Attorney, who has agreed that the first two accounts listed above may be turned over to a collection agency. He does not agree with taking this action with the other accounts. I have also discussed this with the City Manager, who agrees that all of these accounts should be turned over to the collection agency. Obviously, I can't guaranty that the city will collect any money on these accounts. But, this action would only cost the city money if collections are made. I ask council for concurrence in turning the above accounts over to a collection agency. i TELEPHONES 204 N FRANKLIN ST 0071 586.1328 JUNEAU ALASKA 99801 588.8826 June 14, 1982 ALASKA MUNICIPAL LEAGUE SELF-INSURANCE FUND In response to some questions that have been raised concerning the AML Self - Insurance Fund, we have prepared the following informations 1. Q. Does state law permit associations to self insure a workers' compensation program? A. Yes. This question has been raised because there is a lack of understanding on what is happening. After allowing the Association of Rural Electric Cooperatives of Alaska to operate successfully for over three years, the Director of the Division of Workers' Compensation became unsure as to whether or not the Workers' Compensation Board had authority to grant approval for "Group Self -Insureds". She asked for an opinion from the Attorney General's office and at our request asked the opinion to treat the joining of municipalities separately since joint agreements of local governments are addressed in the Constitution of the State of Alaska, Article X, Sections 1 and 13, and Title 29.48.310 through AS 29.48.330 of the Alaska State Statutes. The Attorney General's office replied with a rather ambigious opinion saying, "The broad grant of powers and the liberal construction given thereto indicate that municipal governments in the State of Alaska, through the Alaska Municipal League, can associate in order to provide workers' compensation coverage for their employees." The opinion then goes on to add, "However, the Workers' Compensation Board is still without authority to grant approval for such a group self-insurance plan. The Workers' Compensation Board has no authority pursuant to statute to promulgate regulations in order to administer such a concept and therefore has no guidelines by which to grant approval for such a program. Irrespective of whether municipal governments have the power under AS 29 and the Constitution of the State of Alaska to associate for the purpose of pooling workers' compensation coverage, the Workers' Compensation Board cannot `? grant the authority to do so." That left the AML two choicess (1) to get legislation passed that would s provide for promulgation of regulations; or (2) to be "insurance - fronted". The decision was made to push for legislation but keep the insurance -front as an option, which we did. Vie were able to get an amend- ment to Title 23 placed in SB 180 (revision of the municipal code) and it passed both Houser. However, because of other adverse amendments attached to the bill in the dying hours of the Legislature, AML is asking the Governor to veto the bill. So there goes our legislation. Instead, we are taking our other option of the "insurance -front" (same program, less profit) and will pursue legislation again next session. MEMBER OF THE NATIONAL LEAGUE OF CITIES AND THE NATIONAL ASSOCIATION OF COUNTIES AML self -Insurance - page 2 2. Q. Have other association programs failed in Alaska? A. No. As mentioned above, ARECA has operated a very beneficial program for their members for over three years. Because of the Attorney General's opinion, they will now be insurance -fronted until their own legislation is passed. We do not consider this turn of events as a "failure". The Association of General Contractors and the Truckers Association are also in the process of putting together pools. 3. Q. What is the upper limit on workers' compensation and is it enough to adequately cover losses? A. $10 million. This limit on the excess coverage has been used by several self -insured entities in the State of Alaska, including government entities. In order to obtain a self-insurance certificate from the State of Alaska, the excess limits must be approved by the States therefore, issuance of certificates to those insureds with $10 million in excess of coverage would indicate that the state felt the limit adequate. However, to avoid any possible situation, however remote, statutory coverage, in excess of the $10 million will be purchased on a true self-insurance program. The fronted prcg.ram, however, does provide statutory benefits over the $10 million excess limit. 4. Q. will the $10 million limit of liability insurance cost a municipality significantly more than they are paying now even with the 15% discount? A. No. The pricing for the $10 million limits on the general liability has been, in all cases reviewed thus far, a reduction in premiums for liability coverage for the municipality quoted. This is due to (a) excellent pricing of excess insurance coverages by the broker to allow the same excellent pricing to the individual cities for limits in excess of the SIR; and (b) elimination of the need for separate insurance policies such as false arrest, errors and omissions, and ambulance malpractice. 5. Q. Is it possible for a municipality to get a 15% discount from manual rates on workers' compensation without joining the A14L Self -Insurance Fund Program? And if my municipality already has this discount, how can the AUL program help? A. The 15% Fund Schedule Credit being offered can, sometimes, be duplicated by a standard market; however, from the information we received from the responding cities, few of them are receiving those credits. However, on the general liability and auto premiums, if they do now have 15% schedule credits, or higher, from a standard market, our 15% is "in addition" to those credits. we feel the city who can be offered credits for loss experience and safety should retain those credits under the MIL plans they are a valuable asset to the success of the program. The additional 15% then gives them additional incentive for joining the AML program. k 1 WMMWM AML Self -Insurance Fund - page 3 workers' compensation coverage, II On the orkers p it was found that very few cities now receive schedule credits on their policies. While some companies are now offering these credits, they are somewhat reluctant to do so, especially on clients who are out of the Anchorage and surrounding area due to the expenses involved in claims handling. When it is possible to eliminate the fronting situation, and if a city deserved credits over and above the 15%, then these will be negotiated separately. With respect to the fronted program, the maximum deviation filed with the State of Alaska is 15%. Consider the point also, why would the companies "now" come forth with credits on policies when they were not offered in the past. It is because there is finally an alternative program for the cities and the companies may lose business to the AML fund. 6. Q. Since the AML program offers automobile liability insurance, but no comprehensive or collision coverage, will insuring the collision in a separate company increase the cost and distort losses? A. No. As the formal proposal from the broker indicated, they have arranged an excellent facility for placement of the comprehensive and collision coverages if needed by the municipalities. Pricing of the coverage is quite realistic and competitive, and can be purchased either on a replacement cost basis or an actual cash value basis. This is unique since that option is usually not offered to clients. 7. Q. Are there municipalities in Alaska that self -insure? A. Yes. Q. Are they not interested in the A14L program? A. We have received no declinations from any of them. In fact, there has been discussion with at least two about the possibility of retaining their SIR within the AML fund. G. Q. What happens if the larger municipalities do not enter the program? Doesn't the program need their premiums in order to succeed? ' A. Even without the ' large members' participation, there would be adequate premiums to fund the program. 9. Q. If a municipality signs a "broker of record" letter to Corroon & Black, does this mean C&B will then write all the municipalities' insurance? A. Not necessarily. The broker of record letter can specify what coverages are to be the responsibility of the particular broker. I+ 10. Q. What if our municipality has already signed a three-year contract? 'r A. We have discussed the use of outside brokers in detail with the Corroon 6 Black and PENCo personnel. It is not their intent to ever ask an A14L member to violate any contractural arrangement with their broker. if the city wants to participate, they should be allowed to retain that broker and AML self -Insurance Fund - page 4 are urged to do so by the A14L and the managing broker. The managing broker has already reported great success and acceptance from several brokers in the state who are working very closely with our members to enroll them in the program. 11. Q. was this program hastily devised and the AML sold a bill of goods? A. No. The AML staff has been working with Corroon & Black for about three years now, both separately and through the National Association of Counties. NACo chose C&B through a nation-wide bidding process. The Public Entity National Company (PEDJCo), a subsidary of Corroon & Black, was created to manage the pools set up through the state leagues through NACo. Judy Stevens is our PENCo representative here in Alaska. The AML staff has spoken personally to other pool managers either on the phone or in person at the three public entity risk out-of-state meetings attended and in comparing our program with other state pools, we find nothing out of line. On the contrary, our pool seems to be better put together than most. 12. Q. what experience does the AML and/or the broker managing the program have in large or small self-insurance programs, governmental or otherwise? A. Refer to the answer to question 11. 13. Q. what happens if the program fails? A. It won't. why should it? The Alaska Municipal League is very proud of the work they have done in putting the self-insurance program together. A great deal of preliminary investigation and extensive discussion were held by the insurance Steering Committee and the Board of Directors prior to approval of implementation. 47e feel the program to be sound and fully protected. with a funded program, such as this one with the safeguards of (1) excess insurance coverage, and (2) aggregate stop loss protection, the only way the program could fail would be due to fraud. There is certainly no exposure in that area in the program. 14. Q. wouldn't it be best to take a wait -and -see attitude for the next 2 years? A. No. If this program can save your municipality money, why not join now? Besides, if everyone waited, there would be no program. z i 0 W4 � _,_mm I{ TELEPHONES v ` so71 588.1325 204 N FRANKLIN ST 5666526 JUNEAU.ALASKA 99801 May 16, 1982 U j Vince O'Reilly, Mayor City of Kenai P.O. Box 580 Kenai, Alaska 99611 Dear Mayor O'Reilly: The Alaska Municipal League Board of Directors at their meeting May 12, passed a resolution establishing a group self-insurance program for AML members. The proposal they accepted was put together by Corroon b Black in consultation with the Public Entities National Company (PENCo), the National Association of Counties (NACo), and the AML Insurance Steering Committee. This program, which will go into effect July 1, 1982, offers coverage on workers' compensation, auto liability, and general liability including directors and officers, false arrest, and ambulance/clinic malpractice. The program will have a self -insured retention (SIR) of $300,000 per occurrence on workers' compensation, $100,000 SIR on general liability/ auto liability and a $300,000 SIR for a combined retention per occurrence, both workers' comp and general liability/auto liability. This means the first $300,000 of any loss (occurrence) for WC will be paid by the AML loss fund; the first $100,000 of any loss for GL/Auto will be paid by the AML loss fund; and the first $300,000 of any loss involving both WC and GL/Auto will be paid by the AML loss fund. Losses above these limits will be paid from the excess insurance. When claims in any year reach 707. of premium, all claims thereafter in that year will be paid by the excess insurance carrier. One member's loss cannot bankrupt the program: there will be no additional assessments over and above the premium paid for coverage. The worst that could happen would be that a member would receive no dividends, only a 15% reduction of premium for the same or better coverage which that member now has. There are several benefits or advantages to this program: I. The first year premiums will be computed subject to an automatic 15% credit off the experience modified manual rates; 2. The unearned premium and loss reserves will be invested as an insurance company does; the investment income paid back into the fund and later distributed as a dividend to the members; 3. Safety programs will be implemented and consultation services will be designed for the special needs of the public entity; MEMBER OF THE NATIONAL LEAGUE OF CITIES ANO THE NATIONAL ASSOCIATION OF COUNTIES 4. Better coverage. The policy coverages available in this program have been designed especially for public entities, avoiding the gaps that are often hidden; 5. By utilizing the agreement made by NACo/PENCo, the group program has vastly increased buying power in the insurance marketplace which reduces the cost of excess coverages. Insurance companies are much more receptive to large premiums such as there is with the various NACo members around the country. Each retains its own individualized program, but has the clout of national buying. In a tight market situation this will prove valuable. on the workers' compensation coverage, each public entity will retain its own experience modification as promulgated by the National Council, debit or credit, less the 15% mentioned above. On the other coverages, good experience will develop experience credits off the manual premiums, just as they would with a standard insurance company. We encourage the members to retain the services of their local broker if they wish. A commission is provided in the premium dollar for the agent of record. This is an "open" program. Enclosed are exhibits portraying two possible scenarios: the best (1002 participation, 50% loss ratio, 15% rate of return) and the worst (60% participation, 70% loss ratio, 12% rate of return). However, even the "best" is not as good as it could be since the figures in the exhibits are based on 100% participation of the 39 members who responded to our previous survey. If more than 39 AML members join the program, the prospects then will be even better. I The program will be administered by a 5-member Board of Trustees made up of the AML Executive Director and 4 municipal officials. The Bylaws, the Manuscript Policy, and the Contract for Employer Members are now being reviewed by an attorney on behalf of AML and will be distributed to you as soon as possible. Your municipality will be contacted by a representative of Corroon & Black within the next two weeks. In the meantime, if you have questions call Judy Stevens, Corroon & Black at 279-3471 in Anchorage, or Marilyn Miller of our office. Encl: Cashflow Exhibits AML Resolution Intent of Self -Insurance cc: William Brighton, Manager Sincerely, qnnyt'v Chitw d Executive Director t ! e f ,1 t ,i i i i i J I 1 i� r � gJ F6r' 1 RESOLUTION ALASKA MUNICIPAL LEAGUE 14HEREAS the Alaska Municipal League in their resolution passed iovember 8, 1981 supported working with Corroon and Black to develop a program for self-insurance for municipalities for workers' compensation, ,eneral liability and auto liability; and WHEREAS Corroon and Black, through its Public Entities National ompany (PENCo) has developed such a program and presented it to the laska Municipal League Steering Committee; and WHEREAS the Steering Committee has reviewed and modified this roposal and recommends the Board accept the proposal to become ffective as of July 1, 1982; NOW THEREFORE BE IT RESOLVED by the Board of Directors of the Alaska Municipal League that the ANI, establish a cooperative self- nsurance program for workers' compensation, auto liability and general iability by accepting the proposal. P esident Date .--7 V n 0 f 11 CASI(FLOW EXHIBIT (0001.6 omitted) 1 2 3 4 5 6 7 s ------- 9 ------- 10 WC ftemitun ------- 2100.00 ------- 2100.00 ------- 2100.00 ------- 9100.00 ------- 2100.00 ------- .00 ------- 00 00 .00 00 .00 .00 Liabit ty Pnemi.um 1200.00 1200.00 1200.00 1200.00 ------- 1200.00 ------- .00 ------- ------- ------- _00 -- �00 To,tat Pumi,um ------- 3300.00 ------- 3300.00 ------- 3300.00 3300.00 3300.00 .00 .00 .00 .00 .00 Admin 6.th Uon Expen6e 990.00 990.00 990.00 990.00 990.00 .00 - .00 - .00 .00 .00 Avai.eabte Lo66 DoUuvS 2310.00 - 2310.00 1072.50 2310.00 1320.00 2310.00 1485.00 2310.00 1567.50 .00 990.00 .00 557.50 .00 330.00 .00 165.00 .00 82.50 Paid Lo66e6 660.00 New Funds Ava,itabee 1650.00 1237.50 1773.75 990.00 3370.13 825.00 4939.89 742.50 6567.75 -990.00 8351.10 -557.50 8539.52 -330.00 9199.63 -165.00 10224.83 -82.50 11581.18 Paion Fund6 Avadabte Intene6-t EaAned .00 123.75 358.88 579.76 802.86 1040.85 1178.42 1237.62 1355.20 1521.35 1730.99 Tota.P Fwd6 1773.75 3370.13 4939.99 567.75 8351.10 8539.52 9199.63 10224.83 11581.18 13229.67 FUND BREAKDOWN Lo66 Re�se)tve 990.00 123.75 1567.50 482.63 1897.50 1062.39 2062.50 1865.25 2145.00 2906.10 1155.00 4084.52 577.50 5322.13 241.50 6677.33 82.50 8198.68 .00 9929.67 Inve4bnen,t Income Undewki ti.ng P406 t 660.00 1320.00 1980.00 2640.00 3300_00 3300_00 5300_00 3300�00 3300�00 3300_00 Totae. 1773.75 3370.13 4939.89 6567.75 8351.10 8539.52 9199.63 10224.83 11581.18 13229.61 i a6 ed on: 100 °s Pa tUc i.pa Don 50% Lo66 Ratio 15, Rate o6 Retmn CASHFLOW LXIfUlT 1000'b oml t-tod) 1 2 3 4 5 6 7 8 9 l0 wc Paemium ------- 1260.00 ------- 1260.00 ------- 1260.00 ------- 1260.00 ------- 1260.00 ------- .00 ------- .00 .00 .00 .00 Liabit.Uy Pnemitun 720.00 720.00 720.00 ------- 720.00 ------- 720.00 ------- .00 ------- .00 ------- .00 - .00 .00 Totat Puiniwn ------- 1980.00 ------- 1990.00 1980.00 1980.00 1980.00 .00 .00 .00 .00 .00 Admin"tu tiun Cxpen6e 594.00 594.00 594.00 594.00 594.00 .00 .00 .00 - .00 .00 Avaieabee La66 Priftau 1386.00 1386.00 1386.00 1396.00 1386.00 .00 .00 .00 .00 .00 Paid Lu6 a 554.40 900.90 1108.80 1247.40 1316.70 831.60 495.10 277.20 139.60 69.30 New Funds Avai abee 831.60 485.10 277.20 138.60 - 69.30 -831.60 -485.10 -277.20 -138.60 -69.30 Pnioh Fund6 AvaifabCe .00 881.50 1501.48 1975.49 2359.47 2716.06 2160.49 1905.54 1940.38 1914.31 In-teAe6.t Eaued 49.90 131.89 196.81 245.37 287.20 276.03 230.15 212.0-1 212.53 225.56 TotaQ Fun4 881.50 1501.49 1975.49 2359.47 2716.06 2160.49 1905.54 1840.38 1914.31 2010.57 FUND BREAKDOWN La66 Re6eAve Invatment Income Unde/uoti,>Fi,ng PnuS.it Totat lo 831.60 1316.70 1593.90 1732.50 1801.80 970.20 495.10 207.90 69.30 .00 49.90 184.78 381.59 626.97 914.26 1190.29 1420.44 1632.48 1845.01 2070.57 .00 .00 .00 .00 .00 .00 .00 .00 .00 .00 881.50 1501.48 1975.49 2359.47 2716.06 2160.49 1905.54 1840.38 1914.31 2070.57 Sa6ed ons 6015 Pantidpa ttun 70 o Lobs Rct.tfo 126 Rate oS Retuhri 7 KENAI PLANNING AND ZONING COMIiISSIO:: /1 Regular Meeting, June 9, 1982 ' Kenai City Hall j Jack Castimore, Chairman t� 1. ROLL CALL I i Present: Jim Blanning, Lee Lewis, Mary Quesnel, and Dr. Paul Turner Absent: Jack Castimore, Hal Smalley (excused) j i 2. PUBLIC HEARING a. Return of Zoning Only Powers to the City of Kenai from the Borough There were no members of the public wishing to speak on this issue. Chair- j man Blanning turned the issue over to the Commission for discussion. MOTION: Dr. Paul Turner moved to adopt Resolution 82-4, seconded by Mr. Lee Lewis. i I � The biggest concern of the Commission centered around the issue of planning and zoning separation and over the fact that the Borough could take the zoning powers back. Mayor O'Reilly and Councilwoman Glick answered these questions for the Commission bringing out some history on past efforts and relations with the Borough. q I VOTE: The motion failed with Commissioner Turner voting yes. b. Resolution PZ82-9b. Resolution PZ82-9 Recommending amending KMC 14.10.080 (b)KMC 14.10.080 (b) I There were no members of the public present to speak on this issue. Chairman Blanning turned the issue over to the Commission for discussion and decision, this being the final hearing. 1 MOTION: Commissioner Lewis moved to adopt Resolution PZ 82-9 recommending amending KMC 14.10.080 (b), seconded by Mary Quesnel. } Motion passed with unanimous roll call vote 3. AGENDA APPROVAL f. Items 6-d, 6-e, and 6-f were requested as additions to the agenda MOTION: Commissioner Turner moved, seconded by Commissioner Lewis to approve the agenda with the additions 1 �` r' There were no objections ' A KENAI PLANNING AND ZONING COMMISSION Page 2 Regular Meeting. June 9, 1982 4. APPROVAL OF MINUTES of May 26, 1982 MOTION" Commissioner Lewis moved to accept the minutes as submitted, seconded by Commissioner Turner. There were no objections 5. OLD BUSINESS a. Discussion: Section 36 Lands Commissioner Lewis addressed Mayor O'Reilly, asking if the drainage in the area was a major problem, Mayor O'Reilly indicated that it was and that the project would be completed in October 1982 and it was understood that no major decisions could be reached until the results of the drainage study were available. Then the matter would need to go to public hearing at both the Commission level and the Council level. A work session will be scheduled jointly for the Planningnand Zoning Commission and the City Council at a time mutually agreeable to both. 6. NEW BUSINESS a. Preliminary Plat: Webb Subdivision, BLM Lot 11 Two items were brought out concerning this subdivision. One being a pending name change, the name as yet unknown, the other being the question of a three -to -one ratio limit as there is a slough or creek running through the property, however, as the part of the property on either side of the creek is unusable the three -to -one ratio clause was waived. MOTION: Paul Turner moved to approve the Preliminary Plat of Webb Subdivision with correction of negative findings as indicated, seconded by Lee Lewis Motion passed unanimously b. Preliminary Plat: Herrin Subdivision, BLM Lot 24 It was pointed out that there is a house on one of the lots on the plat that was not shown. There was no one present to represent the plat and it was recommended that a sketch be submitted showing where the house was located on the plat. 0 KENAI PLANNING AND ZONING COMMISSION Page 3 n Regular Meeting, June 9, 1982 MOTION: Dr. Turner moved Resolution 82-12 be approved with the correction of the negative findings as indicated including the buildings not shown, seconded by Mr. Lewis There were no objections C. Purchase of Land Adjacent to Beaver Creek Park Mr. Gordon Harris has offered a tract of land for sale to the City of Kenai. The land is located near Beaver Creek Park and contains 13 acres with 1400' of frontage along Beaver Creek. The Commission was asked if there was any conceivable public use for this land and to pass their findings along to the City Council. It was the findings of the Commission that input should be included from the Parks and Recreation Commission before any decision is made however, if the Parks and Recreation Commission finds no use, then Planning and Zoning would recommend that there is no public use. d. Discussion: Tax Foreclosed Lands A list of lands that had been conveyed to the City of Kenai due to ' tax foreclosures by the Borough was presented to the Commission and the question asked of whether there was any need or public use to indicate not selling these lands. During the discussion it was requested that this matter be turned over to the Parks and Recreation Commission for their input and recommendations. MORION: Commissioner Turner moved that finding no public use for these parcels that the City move forward to sell them by public auction, seconded by Commissioner Lewis. Motion passed unanimously e. Amendment to Lease for SouthCentral Air Jim Swalley explained that the addendum to the lease includes the installation of a new fuel system to upgrade the existing system and also to sell fuel for retail. There will be a 12,000 gallon main tank installed on Block 1 Lot 3 GAA and two lines run under the taxiway to Block 2 Lot 1 GAA for retail sales. This lot will be I _. KENAI PLANNING AND ZONING COMMISSION Page 4 Regular Meeting, June 9, 1982 covered with approximately 20,000 square feet of asphalt. All changes will meet City and FAA codes and the taxiway will not be cut. MOTION: Commissioner Lewis moved to recommend approval of the amendment to the lease of SouthCentral Air as submitted, seconded by Commissioner Turner Motion passed unanimously f. Addendum to Lease for Great Northern Investment Corporation Lot 1 Block 1 of Cook Inlet Industrial Air Park from Donald D. Price to Roger E. Holl Mr. Brighton pointed out to the Commission that this item stems from some time back and that accepting the addendum to the lease it would be a cleanup measure in that the original lease issued was for a radiator clinic and the use now requested is for a bank and office space. There were several concerns stated over procedure on obtaining building permits and leases, however, there was no problem seen with the use now requested. MOTION: Dr. Turner moved, seconded by Mr. Lewis to approve the addendum to the lease of Mr. Roger Holl dba Northern Investment Corporation. Motion passed with unanimous roll call vote 7. OTHER BUSINESS a. City Council Report: Betty Glick A resolution was passed establishing the rate of levy of property tax for 1982-83 at 2.1 mills. Assignment of lease from Ray Kasin to Kimball -Dimond. Chairman Blanning asked what stage the airport renovation was in at the present time, Mrs. Glick answered that bids would be going out in approximately a month. b. Borough Planning Report: Betty Glick Two plats were reviewed, Webb and Herrin Subdivision. The staff report reflected that final approval would be based on an installation contract and Mr. LaShot will be handling this. �1 KENAI PLANNING AND ZONING COMMISSION Page S Regular Meeting, June 9, 1982 Preliminary Plat of McMaster Subdivision was approved. C. City Administration Report: Bill Brighton �• _ Although Mr. Brighton had no report, the Commission asked about the E progress of the Quandt letter. Mr. Brighton stated that Mr. Quandt was still in the hospital and no action could be taken until his return. J. Along those lines, Mr. Brighton informed the Commission that several other letters had gone out to citizens concerning cleaning up their i property also, and it was asked that a note be made in the minutes of the actions of Spenard Builders who took it upon themselves to h i b ildin of litter. clean the area surrounding t e r u g S. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 9. CMISSION COMMENTS AND QUESTIONS None 10. ADJOURNMENT There being no further business, the meeting was adjourned until Wednesday, July 14, 1982 at 7:00 p.m. at the City Council Chambers. Respectfully submitted: iorkdt Loper, Secretary , CITY OF KENAI „ad Cap" oj 41a44a„ P. O. SOX $80 KENAI, ALAEKA 99411 TELEPHONE 989 • 7595 June 10, 1982 TO: Kenai City Council FROM: Kenai Advisory Planning and Zoning Commission SUBJECT: Resolution 82-4: Encouraging the Borough Assembly to Adopt Ordinance 81-2 (Substitute) Which Provides Municipalities May Exercise Zoning Powers by Requesting Such Powers from the Borough and Prohibits the Borough from Recalling Such Power Without the Consent of the Municipality J The Kenai Advisory Planning and Zoning Commission has held three Public Iearings and discussions on Resolution 82-4. As a result of the hearings and discussions the following motion was made to be presented to the Kenai City Council for consideration: MOTION: " Dr. Paul Turner moved to adopt Resolution 82-4, seconded by Mr. Lee Lewis VOTE: Motion failed with Dr. Paul Turner voting yes. jal L t 01 H-7 KENAI HARBOR COMMISSION Regular Meeting, June 1, 1982 Kenai City Hall John Williams, Chairman 1. ROLL CALL Present: John Williams, Leon Quesnel, Paul Weller, and M.W. Thompson Absent: Bob Peterkin and Marvin Dragseth (both excused) 2. AGENDA APPROVAL John Williams asked that items be added to the agenda: 6-a Corps of Engineers Permit Report, 6-b PNWA Membership Renewal, 6-c Alaska Seafood Marketing. The Commission agreed to the additions 3. APPROVAL OF MINUTES of April 27, 1982 The Commission approved the minutes as submitted 4. GUEST SPEAKERS a. Vicki Cannard and Stan McAllister of Alaska Department of Trans- portation Chairman Williams introduced Ms. Cannard and Mr. McAllister. Ms. Cannard spoke about the major concern that being where the project is going for the harbor as a whole. John Williams informed Ms. Cannard briefly of the overall funding structure and how they relate to the current projects, then went on to explain in more detail each project. The TAMS project being that of beginning with the silt and sedimentation study and ultimately to whether or not a small boat harbor is feasible and the second being the boat ramp project which would afford an immediate relief to the community and would eventually tie in with whatever is determined by TAMS Corp. Mr. Williams also pointed out that the Kenai economy is based on two things, 1) commercial fishing industry and 2) status as a bedroom community to offshore and North Slope oil industries and the small businesses which support local oil industry. At the current time. Kenai has nothing whatsoever to offer the pleasure or commercial fishing industry. The only existing boat ramp is far from adequate for even the most minor use. Mr. Williams then detailed the ideas that will be developed by Wince, Corthell, and Bryson. .j KENAI HARBOR COMMISSION Page 2 Regular Meeting, June 1, 1982 Ms. Cannard stated that since her department has the responsibility of keeping track of where the money goes, she would like to be kept informed of the progress of the harbor projects. This would be of benefit to the City as well since the DOT puts together Capital Improvement Projects and is often asked by legislators or funding sources for the status of Kenai's harbor project and that information can be passed along. 6. COMMUNICATIONS a. Corps of Engineers Permit for Kasilof Area The Commission members read the application for the placing of mooring buoys in the Kasilof River. There being no objections, a letter of non -objections was requested for the Corps of Engineers. y b. PNWA Membership Renewal Notice The Commission discussed the need and importance of retaining membership in this organization. MOTION: M.W Thompson moved to request the renewal of the membership in PNWA T, seconded by Leon Quesnel. 4 Motion passed unanimously C. Letter from Alaska Seafood Marketing No action taken 7. REPORTS a. Update on 'Optimist' The Commission discussed the importance of clearing the boat launch area prior to Wince, Corthell, and Bryson beginning any part of the" project and prior to the onset of winter. MOTION: M.W. Thompson moved, seconded by Leon Quesnel to present Resolution HC 82-1 to the City Council at their next meeting June 2. 1982. i The vote was unanimous. �j I 3F ' f '.r r�.. X KENAI HARBOR COMMISSION Regular Meeting, June 1, 1982 Page 3 b. Corps of Engineers Permits (Roper Permits) The Corps permits have been mailed to Anchorage for the transfer of permit from Roper to the City of Kenai. 8. OLD BUSINESS a. Discussion of Vacant Seat Since there are only 6 active members on the Commission, there was discussion of those members unable to attend for long periods of time. It was decided that Chairman Williams will speak to Mayor O'Reilly before any action was taken. b. Develop Ordinance for Shore Fisheries Leases The Commission set a goal of spring of 1983 for completion of the set net lease ordinance and documentation. Workshops will commence when members will be available throughout the summer. 9. NEW BUSINESS None 10. PERSONS PRESENT NOT SCHEDULED TO BE HEARD None 11. COMMISSION QUESTIONS AND COMMENTS None 12. ADJOURNMENT There being no further business, the meeting was adjourned. The next meeting of the Kenai Harbor Commission is tentatively set for July 27, 1982 at 7:00 p.m. at Kenai City Hall. Respectfully submitted: Z e y e"U Ja.ilFk Loper, Secret' ' st 7 H -8 CITY OF KENAI -0d eapdal 4 4"0'#' P. O. BOX 5B0 KENAI. ALASKA 99611 TELEPHONE 7113 • 7535 June 16, 1982 TO: Kenai City Council FROM: Kenai Parks and Recreation Commission Director, Kayo McGillivray SUBJECT: Lower Bates for the Racquet Ball Courts at the Recreation Center for the Summer Due to the lower use of the Racquet Ball courts at the Kenai Recreation Center during the summer, it has been proposed by the Director, Kayo McGillivray and approved by the Recreation Commission, that rates be lowered to $6.00 instead of the regular rates of $10.00. This change will be for the summer months only. This will accomplish two purposes, one to keep the courts occupied and at the lower rates, the students now out of school for the summer may use the courts. jal I June 16, 1981 TO: Kenai Parks and Recreation Commission FROM: Kayo McGillivray, Director SUBJECT: Telephone Poll to Determine Lower Summer Rates for the Racquet Ball Courts at the Recreation Center Re&ular Rate of $10-00 Summer Rate of $6.00 ES Mark Y Sally YES Richard YES an er YES Jim YES BettinYES a Eileen Out of Town Final Tally Unanimous Consent 4 INFO CITY OF �KENAI ,%/ „0d Gap" - l/ 4ia i4a„ P. O. SOX 580 KENAI. AtASKA 99611 TELEPHONE 283 • 7535 June 10, 1982 TO: Kenai City Council FROM: Kenai Advisory Planning and Zoning Commission SUBJECT: Offer of Sale of 13 Acres of Land in the Beaver Creek Park Area Including a 1400' Frontage to the City of Kenai by Mr. Gordon Harris At the regular meeting of the Kenai Planning and Zoning Commission discussion was held regarding the possible need and use of the property indicated. The Commission recommends that: 1) the issue be turned over to the Parks and Recreation Commission for consideration at their next meeting, and, 2) the Planning and Zoning Commission will hold any decision pending the outcome of the Parks and Recreation Commission recommeudation, however, at the present time finds no public use jal 0 �r KRAL HARRIS & FLIES ASSOCIATES T A PAR YNI"SHIP REAL ESTATE DEVELOPMENT • RENTAL HOUSING BOX 928 . SOLOOTNA. ALASKA MM9 June 11, 1982 Offered for sale to the City of Kenai, land suitable For park use, located adjacent to Beaver Creek Park, with approximately 1,LLOO' of frontage on Beaver Creek. Approximate17 3 Ac. of the property is in the 50 year floodplane covered in grass, approximately ;j acre is :yet, with the remainder high and dry and well treed. Access is available on the South side via a 409 wide eaenent dedicated for that purpose. Access on the North side is directly from 3aaver Crook Park or by an extension of Togiak Street. Access in the center of the property is available with frontage on Eisen- hower 3tr3et. Purchase Options: A) Offered pries is *=:56,000 for the entire 13 acre tract. or B) 1�6,200 for 12 Acres without that 1 tore portion which fronts on .isenhower 8troot, indicated as on trio ;i at. C) C-wti or tox-ma 0120;; do*r:t aa;;.•:orlt, ll;o int re:.t for 10 7o • rs or lest, .:ayrnents due quarterly. •T'ne offered price is what we ,,sid her ^cra four yn.ars a o. Thank you. iordon L. .-iarris for 1;ral, Harris and .'.sso. N /U --J I 4Z. FUR. SEC:. I, 21. TSN, RIIW, SEAM. 49-04 Propeviy 0 Gordan Harris e 45 MACK sue. i IS 26 5 .: O ' O.iok. 1 49 26 Za 26 6 �� a s t ' 1 J . ®R ' O1r. OVWI S ; s lr� /O 1 f �e Kenai Peninsula Borough, Alaska •,fir. J /" f J i i � t i McLANE & ASSOCIATES, Inc. R9619TQRED LAND SURVEYORS P.O. Box 488 s PNoNR 283-4218 SOLOOTNA. ALASKA 99sss June 3, 1982 Inv oJ,c �mja �,ZW65-01 IN iw i�rsacQ-0}1�sen / Box 1fit} ---00 4 "' Kenai, Alaska 99611 ,r,,v. Re: P.O. No."32365 City of Kenai, Second and Third Avenue Street Improvements 1981. Date 2 man crew 5/20/82 4 hrs. 5/21 4 Total 8 8 hrs. @ $105.00" TOTAL $840.00 v f �y McL.ANE & ASSOCIATES, Inc. R1101MR90 LAND SURV[YORS P.O. Box 468 • PHONC 283-421 B - SOLDOTNA. ALASKA !VS{i June 3, 1982 D932Ihvalce no. 32367-01 Box *-@*} s•.. 1,Ji ,r•.c:,W Kenai, Alaska 99611 i!S!Y 4 �fi•.:hoc Re: P.O. No.'32,367 City of Kenai, Forest Drive and Gill Street-imgravements 1981. Date 3 man crew 2 man crew 5/11/82 8 hrs. j 5/12 8 hrs. 5/13 f- 8 5/14 ' 8 . • 5/17 5 5/24 8 5/25 ' 4 5/27 ,, 3 TOTAL 44 8 44 rs. @ $155.00`1 $6820.00 8 rs. @ $105.00 840.00 TOTAL $7660.00 ;z/Y-OO �. 41 T1 CITY OF J(E.4.41 t-, a Y 00%1317 'WM=T.vA nLa'A^4?. u,e CONSULTING ENGINEER gt)71192_40.7.1 IMM MM ike"rffCMrffFff9F.T- E. June 7, 1982 Keith Kornelis Director, Public Works City of Kenai Box 580 - Kenai, Alaska 99611 Subject: Request for Progress Payment No. 5 j Lawton, Tinker. Walker, Rogers 1981 Street Improvements Keith: Quality Asphalt Paving resented Progress Payment No. 5 for payment. We ac:0,209.08 has been earned and justifiable. _.- Sincerely, Justin Maile Project Engineer JWk/r cc Files !t'f C:T'; :.i YL"7.AI'EY��• ................. ....� j - i f a I F� V - CONSULTI NG ENGINEER t oor s» 80LOOrNA K�bCA fn]of3`J i•u>i: .•o:�-nnrn Mike iauriainen..IRE. PRiQTECT CONSTRUCTION REPORT Accompanying Estimate No. Five (5) — May 23, 1982 to Jive 5, 1982 Included Project No. 81095 Location: Lawton, Tinker, Walker, Rogers 1981 Street Improvements Contractor: Quality Asphalt Paving Week Ending: June 5, 1982 Percent Work Completed: 44.2 Progress: On Schedule Contract Time: 150 + 1 (CCO#2) + 2 (CC,0#4) = 153 calendar days Notice to Proceed: September 28, 1981; Seasonal Suspension: October 27, 1981 Seasonal Startup May 17, 1982 Time Used: 50 days Time Remaining; 103 days Construction Status % this % Overrun or Construction Item Estimate To Date Underrun Remarks #1 Mobilization 0 100 0 Paid in Full #2 Unusable Exc 2 6 Underside — walks & C8G #3 Usable EKc 100 100 558 CY & Roadway cuts, all usable 36% overun #8 Rem. Asphalt Pave 88 88 1726 SY removed Lawton, & Rogers #10 Rem. Curb & Gutter 97 97 718.5 IF on Lawton, Rogers #11 121, CMP 55 10D 100 LF & 226 LF placed 60% overrun Final #12 15" OT 0 100 9 LF & 17. 666 IF placed overun Final #13 18" Cry 37 10D 20 LF & 899 IF placed 2.0% underun Final #14 21" OT 67 100 5 IF & 967 IF placed 0.5% undenun Final #15 24" OT O 100 0 740 IF placed, Final #16 Culvert Thaw Pipe 0 100 13 IF under 57. less 247 IF placed #17 Rem. Salv. Culvert 16 58 7 pipes removed #18 SD Manhole 36 95 8 @ 957. #19 Ourb Inlet MH 32 95 3 @ 957. -- #20 SD Catch Basin 27 95 14 @ 957. 7 #21 SD Discharge 0 100 0 6 installations #22 SD Spillway 0 100 0 1 @ Walker Lane #31 Relocate Fire Hydrant 0 100 0 1 relocated #32 Install Water Service 29 93 1 more 14 placed #33 Install Sewer Svc. 5 95 5 more 18 placed #40 6" DIP Water 0 100 10 LF 19 installations & 1.5% over 691 IF placed #41 Fire Hydrant Assb. 0 100 0 1 @ Walker lane #42 6" Gate Valve 0 100 0 1 @ Walker Lane 443 Corm. to Watermain 0 100 0 1 @ Walker Lane #44 10" DIP Sewer 0 100 0 690 LF placed #45 Connect San Sew 0 100 0 1 placed #46 San Sew M 0 95 0 2 @ 957. complete C00 1A & 1B 100 100 John Williams on Walker Lane 2-2" water service 2-6" sewer service completed NARRATIVE: This period involved 14 calendar days. 1 All testing for sewer and water lines completed on Walker Lane. f Storm drain system completed on Walker Lane. s All sewer and water service connections completed on Walker Lane. CCO IA & 1B completed at John Williams property. Zvbeck Excavating will work on Penny Circle water line stubout, and Crow Rd. water and sewer stvbouts Lander CCO #2 and 4, respectively. Quality Asphalt Paving started waste excavation and roadway shaping and grading - from beginning of Lawton to the high school on Tuesday, June 1, 1982. Existing asphalt paving and existing curb and gutter removed on Lawton near Paula and Rogers Streets. Excavation and grading may reveal that there will be an u ndernan of surplus and waste excavation and an overrun of usable material. The overall effect should be to reduce the excavation costs. Justin Haile Project Engineer Files --•-- •- -- rs • '+/' n ;'IA '/9000, A-0 9 7 . tt oo.gv ,o"3o,NACONSULTING ENGINEER ••,,,••..„:.-�,,.,,, n J k ?a E O•••9. f o,,7rS,,,T � /�1y v 1S'� STATIIM June 9, 1982 Keith Korneils Director of Public Works City of Kenai Box 580 Kenai, Alasxa 99611 Lawton, Tinker, Walker, Rogers 1981 Street Improvements Project No. 81095 Progress Billing April 16 - May 31, 1982 Professiaaal Services Engineer 12.0 hours @ $60 Engineer II 75.0 hours @ $50 Inspector 111.5 hours @ S40•, Draftsman II 2.5 hours @ $23 ✓ Secretary 1 16.0 hours @ $23 r Laboratory Testing Density in Place 1 @ $45 Trip/Mobilization 1 @ $30 Veep ascaffsD $ 60.06F Co— f--fe, tb '62o.00 3750.00 4460.00 41-610e�OII�Mf�l 368.00 ✓ $8,755.50 G K y,'tG c oVr«t A s..4. 45.00 / e-610 30.00 / JiCDlaA4f orVehicle 16 days @ $20 320. Prints 12 @ $2 24.00 Computer 10 @ $6 7 f; Surveying S3i H9• x 1.1 yeJ fo .,tfi.`t �O iro Current Total Previous Billings <<�� Totai Amount to Date Less Amount Retain e3 Less Amount Received Current Amount Due 75.00 4- - elf Do gad ..r- r.50- 45. 12.64 ✓ 66,634.ih (6,663. 414--t< L tiT. 2 i (40,601.38) V- _ rI ,S I McLANE & ASSOCIATES, Inc. "VoIsT[QLD LAND OUAVLVDNO P.O. Box 468 • PNons 283.42 f 8 SOL.DOTNA. AL.ASKA 00669 REQUEST FOR SURVEYING SERVICES Quality t-sphalt and Paving hereby requests McLane and Associates, Inc. to replace stakes that were destroyed over the winter. This is to include the connection to the existing water main, the fire hydrant location and offset stakes every 200' of water main to be installed. on the Lawton Walker Tinker Project. quality Asphalt Paving hereby agrees to pay for this surveying work as per contract with the City of Kenai. Project Supervisor Date Quality Asphalt Paving t McLANE & ASSOCIATES. Inc. 11901GURSO LAND SUPMORS P.O. Box 488 • PHOHC 28"218 SOLDOTNA. ALASKA 99soo June 7,1982 Mike Tauriainen, P.E. Box 937 Soldotna, Alaska 99669 RE: Statement for services rendered on the Lawton, Tinker, Walker Rogers Street Improvements Dear Mike: Attached is a statement that reflects the hours spent on the various phases of the above mentioned project to date. These services have been billed at the current rate schedule (see attached) that reflects the increases required by the State of Alaska prevailing wage requirement. This rate schedule has an increase over that shown on the original proposal that was submitted to your office in 1980. This increase in rate may result in our going over the proposed amount. Would you please notify the City of Kenai and begin a change order that they might review to include our current rate schedule into the packet for Engineering services to be provided. Sincerely, Michael P. McLane RLS Vice President McLane and Associates, Inc. 0 i AlIT FV /�JJ pp �E.I1ctL �U/nJ/Ztt/1[�.1J LLL14Q2lJ A PUBLIC LIBRARY IN SERVICE SINCE 1449 BOX 157 KENAI. AL,ASKA 99611 FWA ME340 TO: Kenai City Council FROM: Emily DeForest, Librarian DATE: June 9, 1982 SUBJECT: Library activities, April and May, 1982 Story Hour --Thursdays, all year, 10:30 until 11:30 am The Library has two volunteer Story Ladies each Thursday. The story children are from 3 to 5 years of age. Attendance ranges from 50 to 70 participants each Thursday. The children check out books after the Story program, then each child receives a cookie as he/she leaves the building. Occasionally films are shown to all the children in the conference room. Crowded conditions prevail. The Story program has been active for 9 years. Summer ReadinA Program --June 7 through July 16 Notices of the reading program were taken to all the lower grade schools in the area. Some of the teachers at Kenai Elementary brought their entire classes over for library indoctrination and to apply for library cards so that the students would be prepared for the reading program. Summer Film Program --May 15 until September 15, Monday through Saturday The Alaskans film program got off to a good start this year with at least 6 people in attendance each day. The conference room is also used for this program so we can entertain no more than 10 viewers each afternoon. Totem Tracers--3rd Thursday at 7:00 pm The Tote= Tracers are actively engaged in preparing their book of peninsula cemetary listings. They have put a great deal of time in checking cemeteries and grave sites throughout the Borough. The Court System gave special permission to the investigators so that death records could be verified. Financial support for this activity has come through private donations, as well as from the Alaska State historical Society and the Arts and H-inanities Council. --; Kon-Threatening Writers Group --every Monday evening at 7:30 pm Mr. Aaron Dye and his group are busy each Monday reading and discussing their own writings, techniques of commercial writing, and various means of publication. They show movies of literature discussions and critiques of established authors. The Library staff -- --and volunteers have prepared, and delivered to various medical offices in the area, a requested bibliography of books on planned parenthood, pregnancy, childbirth and the care of infants and children. Books cited in the bibliography are all the property of the Kenai Community Library. --has had an inventory Sunday with 20 volunteer participants, at which time the entire library was inventoried. This means that every book in the library was matched to its shelf list card by the book card and pocket in the books. Each book had to be physically examined to do this --with a total collection of over 28,000 books. The staff and the Library Board wish to thank all those that came to help. The Volunteers -- --during National Library Veek distributed "Openers", a book review publication published by the American Library Association and with the Kenai Co.,munity Library name and address above the title. These papers were also distributed by various business and professional offices in the area. --also during Library Ueek, "Good Listener" certificates and "Libraries Share" buttons were given the story participants, and a commemorative sweat shirt presented to the Mayor. —have spent 1108 hours working in the library, which would equal approrinately three and a half paid personnel. These hours are for April and May only. There have been 8,644 hours donated by volunteers since July, an equivalent of k plus full time employees. id ,W enai eominunit y ZiAaz y A PUBLIC LIBRARY IN SERVICE SINCE 1949 BOX 157 KENAI, AL.ASKA 99611 REPORT FOR THE MONTH OF: MAY 1982 Circulation Adult Juvenile Easy Books Fiction 1490 304 870 Non-fiction 1410 86 150 Total Book Circulation 4310 Films, Phonodiscs, Pamphlets, Periodicals 541 Additions Adult Juvenile Easy Books Total Gifts 36 2 1 39 Purchases 38 6 1 45 Total Additions 84 Remedial and Re —worked books Adult Juvenile Easy Books AV Total 28 3 8 2 41 Interlibrary Loans Ordered Received Returned Books 18 18 27 AV 44 35 41 Interlibrary Loans by uur Library 18 Volunteers I -umber 27 Total hours 461 Income Fines and Sale Books 468.66 Lost or Damaged Books 37.86 Y.erox 220.10 Donations 31.95 Total Income for May, 1982 758.57 irrrlli�I� ,#AV -WEnai eotpununil y Zd zaz y A PUBLIC LIBRARY IN 6ERVICE SINCE 1949 BOX 157 KENAI. AL.ASKA 99611 REPORT FOR THE MONTH OF APRIL 1982 Circulation Adult Juvenile Easy Books Fiction 1752 495 1256 Non-fiction 2150 159 212 Total Book Circulation 6024 Films, Phonodiscs, Pamphlets, Periodicals 815 Total Circulation 6839 Additions Adult Juvenile Easy Books AV Total Gifts 89 2 5 96 Purchases 117 23 63 6 209 Total Additions 305 Remedial and Re -worked Books Adult Juvenile Easy Books AV Total 36 3 6 7 52 Interlibrary Loans Ordered Received Returned Books 27 37 32 AV 15 18 5 Interlibrary Loans by Our Library 13 Volunteers 11=ber 42 Total Hours 727 Income Fines and Sale Books 504.45 Lost or Damaged Books 96.90 Xerox 347.85 Donations 10.50 Total Income for April 1982 959.70 !J[ 1 \jfJl Library Cards Issues April 1982 Kenai 144 Soldotna 60 North Kenai 32 Kasilof 2 Sterling 2 Wildvood 2 Clam Gulch 1 , i Total Cards Issued 243 _ A 1 r .Y 1 ' 1 1 Y �• I I. I 1 1 i _ I • f 1 �1 f 1 Library Cards Issued May, 1982 Kenai 91 Soldotna 38 Worth Kenai 11 Kasilof 11 Sterling 2 Wildwood 7 Clam Gulch 1 , Total Cards Issued l61 v R JAY S. HAMMOND GOVERNOR w r-o STATU OY AI.ASKA O«iCE Or THE GOVERNOR jUx H.&U June 7, 1982 Mr. William J. Brighton City Manager City of Kenai P.O. Box 580 Kenai, AK 99611 Dear Mr. Brighton: Thank you for your resolution regarding the share system of limited entry for halibut. I have had several letters both for and against the share -quota system for the halibut fishery, and appreciate receiving your views. I have been notified by the North Pacific Fishery Management Council that the share -quota system is only being considered as a possibility. No action will be taken until the issue has been researched for several months and it has been brought before the public in hearings during the first of next year. I will keep your resolution for a reference and will send a copy of it to the chairman of the North Pacific Fishery Management Council for his information and use. Thank you again for writing. Sincerely, J y S. Hammond overnor i► _ f t 1 .-� • ` fa rbcanks north star borough J p.o.box 1267 520 fifth ave. falrbanks. olosko 99707 907-452-4761 i 0 'D . TELEGRAM TO: The Honorable Jay Hammond Governor, State of Alaska DATE: June 7, 1982 I urge your veto of SCS CSSSHB 146 (Fin.) am S. I make this request for the reasons which the Juneau City -Borough Attorney, Lee Sharp, expressed to you in his May 21 letter. I think you will find all municipalities adversely affected by this legislation. This Borough, for example, will shortly be letting three contracts totaling nearly $21 million. The interest on retainage for these contracts would be financially significant and is the equivalent of the annual budget of a Borough department division. HB 146, as amended, is unnecessary legislation, since it addresses no identified problem. It is harmful in its effects since its application would result in procedures that are more time consuming, costly to the public, less manageable for local governments, and more inconvenient to local contractors. Signed, JOHN A. CARLSON, Mayor Fairbanks North Star Borough cc: Lee Sharp, Attorney City and Borough of Juneau Ron Larson, Mayor Mat -Su Borough ilince O'Reilly, Mayor r City of Kenai Ruth Burnett, Mayor City of Fairbanks yj KENAI PENINSULA BOROUGH REGULAR ASSEMBLY MEETING MAY 18, 1982; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - A G E N D A- Page No. A. CALL TO ORDER 1 B. PLEDGE OF ALLEGIANCE 1 C. INVOCATION: Rev. Hilmar C. Kiser, Nikiski Christian q 1 Center 1 D. ROLL CALL 1 E. SEATING OF NEW ASSEMBLYMEMBERS (none) 1 F. APPROVAL OF MINUTES OF May 4, 1982 I Approved G. COMMITTEE REPORTS ja) Finance (Douglas, Crawford, Schaefermeyer) 1 b) Local Affairs (McGahan, Corr, McBride, McCloud) 1 (c) Public Works (Brandon, Glanville, Arness) (d) Education/Legislative (Fischer, King, Crapuchettes, Jean, Dimmick) 1 (e Land Disposal (Crapuchettes, Brandon, Corr) 1 (f Special, Ord. 81-93 (McBride, Crapuchettes, Douglas, McGahan, Davis) 2 (g) Special, Ord. 82-14 (Crapuchettes, Fischer, Jean, Arness) (h) Special Tax Committee (Jean, Arness, Dimmick) 2 H. AGENDA APPROVAL 2 I. ORDINANCE HEARINGS (a) Ord. 82-41 [EMBRGENCY) "Authorizing Dredging and Diking in the Area or Salmon and Glacier Creeks Along the Seward/Anchorage Highway in Section 14 to Avert Danger or Damage to Persons or Property from Flooding" (Mayor) 2 Enacted (b) Ord. 82-1 fillaActed ,An Ordinance of the Kenai en nsu a Borough, Alaska, Authorizing and Provid- ing for the Issuance of Not to Exceed $S,700,000 of General Obligation Service Area Bonds of the Borough for the Purpose of Raising Funds to Pay the Costs of Hospital Construction in the Central Kenai Peninsula Hospital Service Area in the Bor- ough, Fixing Details of Said Bonds, Providing for the Form and Manner of Sale of Said Bonds, and Pledging the Full Faith and Credit of the Central Kenai Peninsula Hospital Service Area of the Bor- ough to the Paymens Thereof." (Mayor) 2 Enacted (c) Ord. 82-26 "An Ordinance Providing for the Est- a9blis m�eaf of the South Kenai Peninsula Road Main- tenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organi- zation, and Rules and Regulations." (Mayor) 3 Enacted (,I) Ord. 82-27 "An Ordinance Providing for the Est - as Amnd. ablish2ent of the Central Kenai Peninsula Road Maintenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organization, and Rules and Regulations." (Mayor) 4 Enacted as Aand. 1. 0, !` (a) Ord. 82-zs "An Ordinance Providing for the Est- 1 aaSTrile-n-T of the East Kenai Peninsula Road Main- tenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organi- zation, and Rules and Regulations." (Mayor) 4 Enacted as Amnd. (f) Ord. 82-29 "An Ordinance Providing for the Est- a&STNIFent of the North Kenai Peninsula Road Main- tenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organi- zation, and Rules and Regulations." (Mayor) S Enacted as Amnd. (g) Ord. 82-31 "Amending Sec. 1.20.030 of the Borough o e o rdinances Relating to the Service Life of Equipment in New School Facilities." (Arness) S Enacted (h) Ord. 82-32 "An Ordinance of the Kenai Peninsula sou , laska, Providing for the Issuance of General Obligation Bonds of the Central Kenai Peninsula Hospital Service Area of the Borough in the Aggregate Principal Amount of Not to Exceed $6,700,000 to Provide Funds Required to Refund Certain Outstanding General Obligation Bonds of Said Service Area, Fixing Certain Details of Such Bonds and Authorizing Their Sale." (Mayor) S Enacted J. INTRODUCTION OF ORDINANCES (none) K. CONSIDERATION OF RESOLUTIONS (a) A Resolution Commemorating Oil Discovery on the Kenai Peninsula. (b) Res. 82-89 "Authorizing a Contract for the onstruct on of the Central Peninsula Hospital Phase II Addition and Renovations Project to H. Halvorson, Inc." (Mayor) 6 Adopted (c) Res. 82-90 "Authorizing Award of Alternate No. 3 onchor Point Elementary School Addition and Renovation Project (1982)" (Mayor) 6 Adopted (d) Res. 82-91 6 Postponed (e) Res. 82-92 "Accepting the Proposal of R$M Con- su taut$ to Do Preliminary Soils Investigations on Three Parcels of Borough Land and Federal Moose Range Land" (Mayor) 6 Adopted as Amnd. (f) Res. 82-93 "Authorizing a Contract for Setting anTTurveying the Location of Aerial Photographic Panels and Producing a S' Contour Topo raphical Ma of Kenai Peninsula Borough Lands Within T9N, RZ, TION, 27 $ BAY, TliN, R6 6 7W, S.M., State of Alaska" (Mayor) 7 Adopted as Amnd. (g) Res. 82-94a "Authorizingthe Lease of Borough e ec ands to the University of Alaska, Homer Research Center and Providing for Land Exchange for a Borough School Site" (Mayor) 7 Adopted as Amad. ' (h) Res. 82-95 "Authorizing the Transfer of Land ?i�ion the United States Bureau of Land Man- agement to the Kenai Peninsula Borough" (Mayor) 7 Adopted (i) Res. 82-96 "Providing for a One -Year Agreement } tween We Borough and Rollins Burdick Hunter of Alaska, Inc., to Provide Insurance Services for y the Borough and the School District" (Mayor) 7 Adopted ®1 a f: (j) Ras. 82-97 "Reique5ti,ig the Dept. of Community T-Ne—s- Tona Affairs, Rural Development Assistance Grant Program for Funds to Purchase One Fire Truck for the Ridgeway Fire Service Area" (Mayor at the Request of the Ridgeway Fire Service Area Board) 7 Adopted (k) Res. 82-98 "Authorizing a Public Utility Relo- cat-TonTgreement with Glacier State Telephone Company for the Holt Road Construction Project" (Mayor) 7 Adopted (1) Res. 82-99 "Approving the School Board's Selec- tion Marmon Gintoli as Architect for Alterations of the Media Center, Food Service Storage, Borough Administration and Warehouse Space" (Mayor) 7 Adopted (m) Res. 82-100 "Awarding Bid for Cooper Landing school ymnasium Addition and Renovation" (Mayor) 8 Adopted (n) Res. 82-101 "Certifying the Results of the May as Amnd. U77F M—Pecial Election" (Mayor) 8 Adopted (o) Res. 82-102 •'Approving the Award of a Contract Tor t e onstruction of Holt Road to Central Alaska Construction" (Mayor) 8 Adopted (p) Res. 82-103 "Authorizing a Contract for the PURE—as—e—oT One Ambulance for the Nikiski Fire Service Area" (McGahan, Req. NFSA Board) 8 Adopted L. PENDING LEGISLATION (a) Ord. 81-83 (Limits tax to approval by voters) Following Hearing 9-1 Postponed; 10-13 Put in Comm. S-4 Committee Request Action on S-18-82 8 Postponed (b) Ord. 82-14 Incorporating the Ridgeway Fire and to 6-15 -- Central Emergency Medical Service Areas (Ref. to Coma 3-16) Fischer replaced Crapuchettes as Chair (c) Res. 82-SS "Authorizing a Contract for the Kenai Elementary School Sprinkler System" 8 No action (d) Res. 82.39 "Authorizing a Study Into Feasibility of Rehabilitating the Cellar Room, Seward Blom. School" (Crapuchettes) Postponed 3-2-82 8 No action (a) Ord. 81-92 "Providing for the Disposition of Bor- ough Lands to the General Public by Lottery Land Sale" Proposed Amendments by Planning Commission and Spec. Lands Committee (Action recommended S-4-82 8 postpnd) 8 Set Hear. (f) Ord. 82-34 "Appropriating Funds for FY 1982-83 6-15-82 General Gov't. Budget" (Hearing June 1, 1982) (g) Ord. 82-3S "Making Approppriations to the Service Areas in the Borough for FY 1982-83" (hearing 6-1) (h) Ord. 82-37 "Rezoning the Property of the Seward Dock, Alaska Railroad Yard; Various Industrial Est- ablishments, Consisting of Approximately Two Hundred Acres in the City of Seward" (hearing 6-1-82) (i) Ord. 82-38 "Rezoning Jesse Lee Heights Subdivision, Elk 1, Lots 1-10, Portion of Lots 12 4 13, City of Seward from Public District to One -Family Residential District" (hearing 6-1-82) t� (j) Ord. 82-39 "Rezoning Seward High School Property, (Por USS 1864); Cemetery Reserve Tract (USS 17S9); Army Recreation Camp (USS 242, Tract A, Lots 1 4 3); $ USS 149 Tract 8, Lot 2 from One -Family Residential District in the City of Seward" (hearing 6-1-82) (k) Ord. 82-40 "Providing for Contract Zonin of Lots 9 and 10 81k 17 Ori iaal Townsite in t e CitY of , g Seward" (hearing 6-1-82) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT (a) Financial Report for April, 1982 9 Acknow. (b) Dept. of Natural Resources, Forum on State Lands and Natural Resources May 19, 1982 9 (c) Award f6r Financial Report 9 0. OTHER BUSINESS (a) Chambers of Commerce - Reprint of Tourism Brochures (postponed by Dimmick) 9 Approved P. ASSEMBLY AND MAYOR'S COMMENTS 10 Q. PUBLIC COMMENTS AND PUBLIC PRESENTATIONS UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT (June 1, 1982) 10 �Stt i ,y 'r i j i 1 J M KENAI PENINSULA BOROUGH ! REGULAR ASSEMBLY MEETING MINUTES MAY 18, 1982; 7:30 P.M. BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA p R'7 A. CALL TO ORDER The regular meeting of the assembly was called to order by Pros. John C. Davis at 7:30 p.m. following a 6:00 p.m. Budget Workshop. B. PLEDGE OF ALLEGIANCE C. INVOCATION The invocation was given by Rev. Hilmer C. Kiser of the Nikiski Christian Center. D. ROLL CALL PRESENT: Assemblynembers McCloud, McGahan, Schaefermeyer, Arness, Corr, Crapuchettes, Crawford, Davis, Dimmick, Douglas, Fischer, Glanville, Jean, McBride; Mayor Thompson, Admn. Asst. Best, Atty. Sarisky, Finance Director Barton, Public Works Director Hakert ABSENT AND EXCUSED: Assemblymembers Brandon and Xing E. SEATING OF NEW ASSEMBLYMEMBERS (none) i F. APPROVAL OF MINUTES OF May 4, 1982 1 The minutes were approved with one correction to page 7, Mr. Fischer's notion to reduce "by increments of $100,000" rather than "$11000100011. G. COMMITTEE REPORTS (a) Finance (Douglas, Crawford, Schaeferneyer) ", h Mr. Douglas reported he and Mr. Crawford met with Mr. Barton and discussed Ord. 82-1 (Reenacted), Ord. 82-30, Ord. 82-31 and Ord. 82-32 which the committee supports. Also considered were Res. 82-91 and 82-96 with committee support and Ord. 81-83 upon which the coaittee split its vote. He advised he would offer an amendment to Ord. 81-92 when it cane before the assembly. i (b) Local Affairs (McCahan, Corr, McBride, t McCloud) 1 Mrs. McGahan reported agreement by the committee in favor of passage legislation on all considered under Items I and K but were split on Ord. 81-83. They recommended defeat of Res 82-39. (c) Public Works (Brandon, Glanville, Arness) No nesting was held. (d) Education/Legislative (Fischer, King, Crapuchettes, Jean, Dinnick) Mr. Fischer reported the committee net and discussed Ord. 82-81, Res. 82-99 and 82-100 not voting on the ordinance but in agreement with the resolutions. (e) Land Disposal (Crapuchettes, Brandon, Corr) Mr. Crapuchettes reported the committee net with the Planning Commission and Resource Development Commission last evening in a workshop to develop some overall outlines and plans. i _ I i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, MAY 18, 1942 (f) Special, Ord. 81-83 (McBride, Crapuchettes, Douglas, McGahan, Davis) Mr. McBride requested postponement of Ord. 81-83 until June 1. (g) Special, Ord. 82-14 (Crapuchettes, Fischer, Jean, Arness) Mr. Crapuchettes reported several people have requested the committee hold public hearings on this incorporation of service areas and he schoolted Preduringsthea summer. Pres c Davis haskednMr. Fischeras he would tea assume t chairmanship. (h) Special Tax Committee (Jean, Arness, Dimmick) Ms. Jean referred to the written report on the table of the meeting held earlier in the day. H. AGENDA APPROVAL Pres. Davis reported Ord. 82-30 and Res. 82-91 would be postponed at request of the Mayor. Additions would be Emergency Ordinance 82-41 and Res. 82-102. Mr. Douglas asked that Ord. *83 be postponed until June 1S meeting. Mr. Crapuchettes asked that setting for hearing for Ord. 81-92 be considered and Pres. Davis stated anything else under Pending Legislation not mentioned or set for hearing would be considered dead. Clerk Brymer asked that Res. 82-103 for a NFSA ambulance be added under Item K; there was no objection and so ordered. I. ORDINANCE HEARINGS (a) Ord. 82-41 (EMERGENCY)) "Authorizing Dredging and Diking in the Area"or balmon and Glacier Creeks Along the Seward/Anchorage Highway in Section 14 to Avert Danger or Damage to Persons or Property iron Flooding" (Mayor) As -an Emergency Ordinance, no prior setting for hearing was required. The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER McCLOUD MOVED TO SUSPEND THE RULES IN ORDER TO CONSIDER AN EMERGENCY ORDINANCE AND THE MOTION PASSED BY UNANIMOUS VOTE. ASSEMBLYMEMBER McCLOUD MOVED THE ENACTMENT OF ORD. 82-41 AND IT WAS ENACTED BY UNANIMOUS VOTE. Mr. Schaefermeyer asked Mayor Thompson his view relative to a flood plain insurance ordinance and Mr. Thompson stated the extent of regulations, inspectors and permit system necessary to accompany such legislation has not been deemed justified up to this time. This particular situation would not have been affected by such a program. Mr. Schaefermeyer reported there are people in his district who have been adversely affected since the designation of flood plains in disposing of their property. (b) Ord. 82-1 Reenacted "An Ordinance of the Kenai Peninsula Boroug , aska, Authorizing and Providing for the Issuance of Not to Exceed $S,700,000 of General Obligation Service Area Bonds of the Borough for the Purpose of Raising Funds to Pay the Costs of Hospital -2- r., r KENAI PENINSULA BOROUCH ASSEMBLY REGULAR MEETING MAY 18 1981 Construction in the Central Kenai Peninsula Hospital Service Area in the Borough, Fixing Details of Said Bonds, Providing for the Form and Manner of Sale of Said Bonds, and Pledging the Full Faith and Credit of the Central Kenai Peninsula Hospital Service Area of the Borough to the Payment Thereof." (Mayor) The ordinance was read by title only as copies were available for the Public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER DOUGLAS MOVED THE ENACTMENT OF ORD. 82-1(Reenacted) AND WITHOUT DISCUSSION IT WAS ENACTED BY UNANIMOUS VOTE. (c) Ord. 82-26 "An Ordinance Providing for the Estab- Ms m nt of the South Kenai Peninsula Road Maintenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organization, and Rules and Regulations." (Mayor) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYNEMBER McGAHAN MOVED THE ENACTMENT OF ORD. 82-26 AND ALSO TO AMEND IT AS FOLLOWS: Section 16.44.030, delete "The attendance of a board member at a meetin¢ constitutes a waiver of notice of the meeting"; delete Section 16.44.090; amend Section 16.44.180 by changing "may" to "shall" in the first and second sentences and deleting the last sentence; delete the last sentence of Section 16.44.200 in favor of "Public hearings are necessary and shall be a part of the budgetary procedures before submitting the budget to the Borough Assembly." Mrs. Dimmick questioned the advisability of deleting the sentence in Sec. 16.44.180 which reads "The service area board shall not attempt to enlarge upon its powers by the device of adopting by-laws or rules of procedure to govern its meetings, or the composition of the board or the assignment of committees." She believed it clarified the position of the board and should be left in. Since Mrs. McGahan believed the same thing is accomplished by the wording of AS 29 in regard to service areas, Mr. Douglas asked the reading of this portion. Atty. Sarisky read from AS 29.63.090, "Service areas to provide special services within a borough may be established, operated, altered or abolished by the assembly by ordinance. Special services include services not provided on an areawide basis within the borough or the borough area outside cities or a higher or different level of services than that provided on an areawide basis or in the area outside cities..." Pros. Davis ruled the question would be divided, first voting on the sentence to be deleted. VOTE WAS CALLED AND SENTENCE NOT DELETED BY A VOTE OF 7 TO 7; Schaefermeyer, Crapuehettes, Dimmick,.Douglas, Glanville, Jean and McBride voting No. VOTE WAS CALLED ON THE REMAINDER OF AMENDMENTS WHICH WERE APPROVED BY A VOTE OF 12 YES TO 2 NO; Schaefermeyer and DLmmick voting No. VOTE WAS CALLED ON ORD. 82-26 WHICH wAS ENACTED BY A VOTE OF 12 YES TO 2 NO; Schaefermeyer and Di"ick voting No. `""; ! -3- /' KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING_, 14AY 18, 1982 (d) Ord. 82.27 "An Ordinance Providing for the Estab- sIi gent of the Central Kenai Peninsula Road Maintenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organization, and Rules and Regulations." (Mayor) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER MCGAHAN MOVED THE ENACTMENT OF ORD. 82-27 AND ALSO TO AMEND IT AS FOLLOWS: Section 16.48.030, delete "The attendance of a board member at a meeting constitutes a waiver of notice of the meeting"; delete Section 16.48.090 and renumber the balance; amend Section 16.48.180 by changing "may" to "shall" in the first and second sentences; and deleting the last sentence in 16.48.200 in favor of "Public hearings are necessary and shall be a part of the budgetary procedures before submitting the budget to the Borough Assembly." VOTE WAS CALLED ON THE AMENDMENT WHICH PASSED BY UNANIMOUS VOTE AND ORDINANCE AS AMENDED WAS ENACTED BY A VOTE OF 13 YES TO 1 NO; Dimmick voting No. (e) Ord. 82-28 "An Ordinance Providing for the Estab- iis mWat of the East Kenai Peninsula Road Maintenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organization, and Rules and Regulations." (Mayor) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEiBLYME BER McGAHAN MOVED THE ENACTMENT OF ORD. 82-28 AND ALSO TO AMEND IT AS FOLLOWS: Section 16.S2.030, delete "The attendance of a board member at a meeting constitutes a waiver of notice of the meeting"; delete Section 16.S2.090 and renumber the balance; amend Section 16.S2.180 by changing "may" to "shall" in the first and second sentences; and deleting the last sentence in 16.52.200 in favor of "Public hearings are necessary and shall be a part of the budgetary procedures before submitting the budget to the Borough Assembly." Mr. McCloud objected to the small amount allocated for the east service area and asked what formula was used to apportion monies. Mr. Thompson reported the amount of funds is dependant on the number of silos of constructed roads within each service area as it is a per mile allocation. All roads including those within subdivisions were sapped and measured for the figures presented. Mr. Douglas requested personal privilege to allow a member of the east road service area board to address the use of the funds. Mr. Larry Smith read from materials given to him by Mr. Best, what the qualifications for receipt of road monies are. $2,500 per mile has been allocated for road maintenance and he understood it would apply to any roads dedicated to public access. He reported the board is attempting to identify roads that qualify additional to those specified. VOTE WAS CALLED ON THE AMENDMENT WHICH PASSED BY UNANIMOUS VOTE AND ORD. 82-28 AS AMENDED WAS ENACTED BY A VOTE OF 12 YES TO 2 NO; Schaefermeyer and Dimmick voting No. -4- i KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, MAY 18, 1982 (f) Ord. 82-29 "An Ordinance Providing for the Estab- -slNent'of the North Kenai Peninsula Road Maintenance Service Area, the Organization of Its Board of Directors and Setting Forth Boundaries, Organization, and Rules and Regulations." (Mayor) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER DOUGLAS MOVED THE ENACTMENT OF ORD. 82-29. ASSEMBLYMEMBER McGAHAN MOVED TO AMEND IT AS FOLLOWS: Section 16.S6.030, delete "The attendance of a board member at a meeting constitutes a waiver of notice of the meeting"; delete Section 16.56.090 and renumber the balance; amend Section 16.52.180 by changing "may" to "shall" in the first and second sentences; and deleting the last sentence in 16.S6.200 in favor of "Public hearings are necessary and shall be a part of the budgetary procedures before submitting the budget to the Borough Assembly." VOTE WAS CALLED ON THE AMENDMENT WHICH PASSED BY UNANIMOUS VOTE AND ORD. 82-29 AS AMENDED WAS ENACTED BY A VOTE OF 12 YES TO 2 NO; Schaefermeyer and Dimmick voting No. (g) Ord. 82-31 "Amending Sec. 1.20.030 of the Borough o e o rdinances Relating to the Service Life of Equip- ment in New School Facilities." (Arness) The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER ARNESS MOVED THE ENACTMENT OF ORD. 82-31. Pros. Davis reported a DO PASS from Finance and Local Affairs Committees. Mr. Arness stated according to the State's definition, anything that goes into a new facility is considered equipment and eligible for funding with bond monies as well as reimbursement. In reply to Mrs. McGahan's question, Atty. Sarisky stated that her assumption that the ordinance only changed the number of expected years use for equipment from S years to 1 year to qualify for additional funding and bond monies is correct; the bond ordinance states "to construct and equip" a new school. ASSEMBLYMEMBER CRAPUCHETTES MOVED TO AMEND TO CHANGE THE ONE YEAR LIMIT TO TWO YEARS IN ORDER TO ASSURE ITEMS ARE CAPITAL EQUIPMENT. i After further discussion, VOTE WAS CALLED AND MOTION FAILED BY A VOTE y OF S YES TO 9 NO; McGahan, Crapuchettes, Davis, Douglas and Fischer voting Yes. VOTE WAS CALLED ON THE ORDINANCE AND IT WAS ENACTED BY A VOTE OF 11 YES TO 3 NO; Crapuchettes, Davis and Fischer voting No. (h) Ord. 82-32 "An Ordinance of the Kenai Peninsula Borough, a�oviding for the Issuance of General Obligation Bonds of the Central Kenai Peninsula Hospital Service Area of the Borough in the Aggregate Principal Amount of Not to Exceed $6,700,000 to Provide Funds Required to Refund Certain Outstanding General Obligation Bonds of Said Service Area, Fixing Certain Details of Such Bonds and Authorizing Their Sale." (Mayor) —5— , KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, MAY 18, 1982 The ordinance was read by title only as copies were available for the public. Public hearing was opened and as no one wished to speak, was closed. ASSEMBLYMEMBER JEAN MOVED THE ENACTMENT OF ORD. 82-31 AND WITHOUT DISCUSSION IT WAS ENACTED BY UNANIMOUS VOTE. J. INTRODUCTION OF ORDINANCES (none) K. CONSIDERATION OF RESOLUTIONS (a) A Resolution Commemorating Oil Discovery on the Kenai Peninsula. ASSEMBLYMEMBER McGAHAN MOVED THE ADOPTION OF THE ABOVE RESOLUTION AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (b) Res. 82-89"Authorizing a Contract for the Construction o t e entral Peninsula Hospital Phase II Addition and Renovations Project to H. Halvorson, Inc." (Mayor) ASSEMBLYMEMBER JEAN MOVED THE ADOPTION OF RES. 82-89 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (c) Res. 82-90 'Authorizing Award of Alternate No. S of t e c or Point Elementary School Addition and Reno- vation Project (1982)" (Mayor) Resolution awards Alternate No. S for re -roofing the old section of the school to L. B. Anderson/Cooper Construction Co. ASSEMBLYM MER McCLOUD MOVED THE ADOPTION OF RES. 82-90 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (d) Postponed (e) Res. 82-92 "Accepting the Proposal of RBM Consultants to Do Preliminary Soils Investigations on Three Parcels of Borough Land and Federal Moose Range Land" (Mayor) ASSEMBLYMEMBER FISCHER MOVED THE ADOPTION OF RES. 82-92 AND MOVED TO AMEND SECTION 1 BY ADDING FOLLOWING "contractor", "Additionally the scope of work of the soils exploration shall be increased by the addition of two test holes to be located in sections 21 and 22, TSN, RM S• M.- AND AMEND SECTION 2 BY INCREASING THE AMOUNT TO $40,000. Mr. Fischer stated he wished to have this additional option when making the decision as to location as it is farther from residents than the other sites. Mayor Thompson reported efforts to obtain this site have been going on for a year and the reason it was not originally included in the resolution was lack of confidence in availability. He believed knowledge of soil conditions should be obtained prior to public hearing in order to decide reasonably. In reply to question from Mr. Douglas, Mr. Bambard stated the first thing people want to know at public hearing is what are the soils like? Some sites may be eliminated by the soils tests from consideration. AFTER FURTHER DISCUSSION VOTE WAS CALLED ON THE AMENDMENT WHICH PASSED BY A VOTE OF 12 YES TO 2 NO; Arness and Douglas voting No. RESOLUTION AS AMENDED WAS ADOPTED BY A VOTE OF 13 YES TO 1 NO; Douglas voting No. -6 - KEMI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, MAY is 195i (f) Res. 82-93 "Authorizing a Contract for Setting and urvey ng the Location of Aerial Photographic Panels and Producing a S' Contour Topographical Map of Kenai Peninsula Borough Lands within T9N, RSW, T10N, R 7 4 8W, TI1N, R 687W, S.M., State of Alaska" (Mayor) ASSEMBLYMEMBER CRAPUCHETTES MOVED THE ADOPTION OF RES. 82-93. ASSEMBLYMEMBER ARNESS MOVED TO AMEND TO CHANGE THE ACCOUNT NUMBERS TO "1S-4161S-3419 and 15-4161S-3400" AND IT WAS APPROVED BY UNANIMOUS CONSENT. RESOLUTION WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT. (g) Res. 82-94 "Authorizing the Lease of Borough Selected ianotthe University of Alaska, Homer Research Center and Providin for Land Exchange for a Borough School Site" (Mayor ASSEMBLYMEMBER DIMMICK MOVED THE ADOPTION OF RES. 82-94. ASSEMBLYMEMBER McGAHAN MOVED TO AMEND BY DELETING "FOR A BOROUGH SCHOOL SITE" FROM THE TITLE, PLACING AN "A" BEFORE "LAND EXCHANGE", DELETING "to be used as a Borough school site,, FROM THE 3RD WHEREAS AND AT THE END OF SECTION 4. . Mrs. McGahan noted the plan at present is to use the property for a school site but did not think the borough should be locked into that if another use was found more appropriate. THE RESOLUTION WAS ADOPTED AS AMENDED BY UNANIMOUS CONSENT. (h) Res. 82-9S "Authorizing the Transfer of Land Title ron t e nited States Bureau of Land Management to the Kenai Peninsula Borough" (Mayor)- ASSEMBLYMEMBER CORR MOVED THE ADOPTION OF RES. 82-9S AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. (i) Res. 82-96 "Providing for a One -Year Agreement Mt —we —en --Me Borough and Rollins Burdick Hunter of Alaska, Inc., to Provide Insurance Services for the Borough and the School District" (Mayor) ASSEMBLYMEMBER CRAWFORD MOVED THE ADOPTION OF RES. 82-96 AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. (j) Res. 82-97 "Requesting the Dept. of Community RegionaT Affairs, Rural Development Assistance Grant Pro ran for Funds to Purchase One Fire Truck for the Pro Fire Service Area" (Mayor at the Request of the Ridgeway Fire Service Area Board) ASSEMBLYMEMBER FISCHER MOVED THE ADOPTION OF RES. 82-97 AND WITHOUT DISCUSSION IT WAS ADOPTED BY UNANIMOUS CONSENT. (k) Res. 82-98 "Authorizing a Public Utility Relocation threwith Glacier State Telephone Company for e Holt Road Construction Project" (Mayor) ASSEMBLYMEMBER McGAHAN MOVED TIP ADOPTION OF RES. 82-98 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (1) Res. 82-99 "Approving the School Board's Selection o armen Gintoii as Architect for Alterations of the . Media Center, Food Service Storage, Borough Administra- tion and Warehouse Space" (Mayor) ASSEMBLYMEMBER DOUGLAS MOVED THE ADOPTION OF RES. 82-99 AND IT WAS 1 ADOPTED BY UNANIMOUS CONSENT. • -7- r I -" KENAI PENINSULA BOROUGH ASSEMBLY REGULAR MEETING, MAY 18,_1982_ (M) Res. 82-100 "Awarding Bid for Cooper Landing School ym slum Addition and Renovation" (Mayor) ASSEMBLYMEMBER FISCHER MOVED THE ADOPTION OF RES. 82-100. Mr. Larry Smith, Cooper Landing, requested inclusion of Alternate 01 for 960 sq. ft. of additional space which he anticipated could be used for bleachers some time in the future. ASSEMBLYMEMBER McCLOUD MOVED TO AMEND TO ADD ALTERNATE M1 TO THE CONTRACT, REDUCING THE SURPLUS CONTINGENCY BY THE SAME AMOUNT. AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT AND RESOLUTION ADOPTED BY UNANIMOUS VOTE. (n) Res. 82-101 '•Certifying the Results of the May 11, 192Special Election" ASS EMBLYNEMBER McGAHAN MOVED THE ADOPTION OF RES. 82-101 AND IT WAS ADOPTED BY A VOTE OF 13 YES TO I NO; Corr voting No. (o) Res. 82-102 "Approving the Award of a Contract for the construction of Holt Road to Central Alaska Construction" (Mayor) ASSEMBLYMEMBER ARNESS MOVED THE ADOPTION OF RES. 82-102 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. (p) Res. 82-103 "Authorizing a Contract for the Purchase o one of for the Nikiski Fire Service Area" (McGahaa at Req. of NFSA Board) ASSEMBLYMEMBER DOUGLAS MOVED THE ADOPTION OF RES. 82-103 AND IT WAS ADOPTED BY UNANIMOUS CONSENT. L. PENDING LEGISLATION �= , (a) Ord. 81-83 (Limits tax to approval by voters) Following Hearing 9-1 Postponed; 10-13 Put in Corm. 5-4 Committee Request Action on 5-18-82 POSTPONED TO 6-IS-82 (b) Ord. 82-14 Incorporating the Ridgeway Fire and Central Emergency Medical Service Areas (Ref. to Comm 3-16) Coma. Recommends holding to Fall election. NO ACTION (c) Res. 82-58 "Authorizing a Contract for the Kenai Elementary School Sprinkler System" NO ACTION (d) Res. 82-39 "Authorizing a Study Into Feasibility of Rehabilitatin the Cellar Room, Seward Elea. School" (Crapuehettest Postponed 3-2-82 NO ACTION (e) Ord. 81-92 "Providing for the Disposition of Borough Lands to the General Public by Lottery Land Sale" Proposed Amendments by Planning Commission and Spec. Lands Committee (Action recommended 5-4-82 8 postpnd) ASSEMBLYMEMBER CRAPUCHETTES MOVED TO SET PUBLIC HEARING FOR JUNE IS. ASSEMBLYMENBER DOUGLAS MOVED TO AMEND SECTION 3, F TO READ 114S calendar days" instead of 1130 business days": THE AMENDMENT WAS APPROVED BY UNANIMOUS CONSENT. Mr. Fischer asked the attorney to draft, prior to hearing, wording in the area of eligibility. Two groups who should not be eligible are the ;Tior successful bidders, both those who did purchase the land and those who forfeited the opportunity by not coming in. e, - -8- i KENAI PENINSULA BOROUGH ASS-EMBI.Y REGULAR MP.8TTUG, MAY 18- 1982 ORD. 81-92 WAS SET FOR HEARING BY A UNANIMOUS VOTE. (f) Ord. 82-34 "Appropriating Funds for FY 1982-83 General Gov't. Budget" (Hearing June 1, 1982) (g) Ord. 82-35 "Making Appropriations to the Service Areas in the Borough for FY 1982-83" (hearing 6-1-82) (h) Ord. 82-37 "Rezoning the Property of the Seward Dock, Alaska Railroad Yard; Various Industrial Estab- lishments, Consisting of Approximately Two Hundred Acres in the City of Seward" (hearing 6-1-92) (i) Ord. 82-38 "Rezoning Jesse Lee Heights Subdivision, Blk 1, Lots 1-10, Portion of Lots 12 $ 13, City of Seward from Public District to One -Family Residential District" (hearing 6-1-82) (j) Ord. 82-39 "Rezoning Seward High School Property, (Por USS 1864); Cemetery Reserve Tract (USS 1759); Army Recreation Camp (USS 242, Tract A, Lots 1 6 3); 6 USS 149 Tract B, Lot 2 from One -Family Residential District in the City of Seward" (hearing 6-1-82) M Ord. 82-40 "Providing for Contract Zoning of Lots 9 and 10, Bik. 17, Original Townsite in the City of Seward" (hearing 6-1-82) M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT (a) Financial Report for April, 1982 ASSEMBLYMEMBER McCLOUD MOVED TO ACKNOWLEDGE RECEIPT OF THE FINANCIAL STATEMENT FOR APRIL, 1982 AND IT WAS SO ORDERED. (b) Dept. of Natural Resources, Forum on State Lands Mayor Thompson announced the assembly is invited to attend a forum on state lands held by the Dept. of Natural Resources on May 19, 1982; 10:30 A.M., Assembly Room. The Public Forum is scheduled for 7:30 P.M. same day. (c) Award for Financial Reporting Mayor Thompson presented an award from the Municipal Finance Officers Association of the United States and Canada to Roy Barton for financial reporting achievement. Mr. Barton expressed appreciation for his the award and his staff in attaining this level of program standard. Pros. Davis asked a resolution be prepared for the next meeting. 0. OTHER BUSINESS f a) Chambers of Commerce - Reprint of Tourism Brochures postponed by Dimmick) Mrs. Dimmick stated that because producing a new brochure would hold up reprinting of those existing she would not do so but would like Hinilchik to be kept in mind for next time. ASSEMBLYMENBER DIMMICK MOVED APPROVAL OF THE MAYOR'S REQUEST FOR �. REPRINTING OF THE TOURISM BROCHURES AS REQUESTED AND ASKED UNANIMOUS CONSENT. THERE WAS NO OBJECTION AND SO ORDERED. --- -9- k� mr. KENAI PENINSULA BOROUGH ASSBiMBL.Y REGULAR !MEETING. MAY 18. 1982 P. ASSEMBLY AND MAYOR'S COM1lENTS Mr. Douglas requested a joint meeting of the Finance and Sales Tax Committees prior to the next meeting to discuss the proposed sales tax ordinance at S p.m. in the Finance Conference Room. He believed some changes in philosophy expressed in the budget are needed but would continue this discussion at a later time. Mr. Crapuchettes addressed the School Board's action in discouraging the passing out of Bibles in the schools stating the Bible is a document that stands separate and above all religions. He had seen no problem with their placement in hotels. Mr. McCloud reminded the assembly there would be another worksession on the budget at 6:30 p.m. on June 1. He also called attention to information on the dedication of Resurrection Riv6r Bridge with the assembly invited for a seafood lunch. Mayor Thompson reported having received a request for support of the capital move from the new committee. Mr. Corr moved to support the move and Pros. Davis asked a resolution be drafted for the next meeting. Q. PUBLIC CO191ENTS AND PUBLIC PRESENTATIONS UPON MATTERS Harry S. Hammon commented students attending school should have the opportunity to accept or reject a Bible offered by the Gideons. He noted the Constitution reads "shall not obstruct" the teaching of the Bible. R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEXT MEETING AND ADJOURNMENT Pros. Davis stated the next meeting is June i, 1982 and this meeting was adjourned at IO:1S p.m. Date approved Jugs It 1982 ATTEST: AOM4& Joaw c. Davis, "semdiy Fresiaent ., put�u es c loor -10- 0 - KENAI PENINSULA BOROUGH - - REGULAR ASSEMBLY MEETING '- JUNE 1$ 1982; 7:30 P.M. iwexr r. - •� BOROUGH ADMINISTRATION BUILDING SOLDOTNA, ALASKA - - - A G E N 0 A- Asse*blr A. CALL TO ORDER Schaeferneyes 17 8. PLEDGE OF ALLEGIANCE Arness Brandon - - - C. INVOCATION: Rev. Bruce Betker Corr hettes Crapuc - Star of the North Lutheran Church. Kenai Ctarford _. D. ROLL CALL Davis 'Dimmick E. SEATING OF NEW ASSEMBLYMEMBERS (none) Douglas Fischer " y - F. APPROVAL OF MINUTES OF June 1, 1982 Glanville Jean - - -. . .. G. COMMITTEE REPORTS King McBride �. Finance (Douglas, Crawford, Schaeferreyes) McCloud MtGahan (b) Local Affairs (MeGahsn, Corr, McBride, McCloud) - -.. (c) Public Works (Brandon, Glanville. Arness) d) Education/Legislative (Fischer. King, - Crapuchettes, Jean, Din*ick) - _ _ (e) Land Disposal (Crapuchettes, Brandon, Corr) (f) Special. Ord. 61-$3 (McBride. Crapuchettes. Douglas, McGahan. Davis) - Special, Ord 62-14 (Fischer, Crapuchettes, i�•; y:."-'_ .�.. _ - Jean, Arness) (h) Special Tax (Jean, Arness, Diaaick) "^'» H. AGENDA APPROVAL I. ORDINANCE HEARINGS (a) Ord. 62-30 "Increasing Appropriatiod and Authori- t ni g (eceTpt of $3.416.000 State Municipal Aid Provided by HCS CSSB 166 (Finance) 1961" (Msyor) (Postponed fro* 6-1) (b) Ord. 81-92 AMENDED "Providing for the Disposition _ of borougha ected Lands to the General Public By Lottery Land Sale" (Lands Conte 4 P.C.) J. INTRODUCTION OF ORDINANCES 1 �'1'j ♦ fi4~.!�. •.�.r.iM�- i Y�� i'�� W V+•��!_ �� —i�Y i��S I!T•i�M+.�� w My 9 t.- -,04.� (a) Ord. 82-43 "Amending Chapter S.16 of the BorouSh Co-JeFUT-67dinances to increase the Tax Base By Providing More Equitable Sales Tax System, and n, ;urchase Exempting of Electricity, Natural Gas, Propane and fuel 01 n for floating from the Borough Sales Tax" (J088/Dimalick/Arneso, Spec. Tax Conte) (Postponed 6.1) (b) Ord. SZ.44 "Providing for the S810 of a Parcel of Buro-uU Land forte purpose of Establishing 8 Septage Treatment and Disposal Facility" (Mayor) (Postponed 6-1) &I -Rao 7,MMEN 3;-�A (c) Ord, $2-47 "Enacting Chapter 2.50 of the Boron ll; Code OT -4insncOf to Establish &.Department Z o Maintenance the Borough, an a pooling KPS d 2.49.02 4 1 (May* =,Zr, (d) Ord. 82-4S •"Axendinf Section 2.08,090 of the TOrOuSN do of Ordinances Providing for the Termination of All Legislative Business and i"v o Other Matters Pending On the Agenda Whenever the Assembly Reconstituted By ,is the Election Of Now Members At & Regular Borough Electionn (Arn*ss, oinnick. jean) (0) Ord. SZ-40 "Revising Assembly Election District *Qundsrles In Title 2 of the Borough Code to Conform With the Now State LOCtion Precinct Boundaries" (Mayor) CONSIDERATION OF RESOwIlOgS -;_r go$. 82-91 "Allocatin Municipal Aid Monies FE—Pro—pr-rated in Borou Ordinance $2-3011 (Mayor) (postponed 6.1) (b) Res'- 82-108 "Opposing the Proposed Shore -quota• 9ys 0 0 IlOcation of Fisheries Resources, and In Particular, the Proposed Halibut Shoro-quets 2::,;' System" (KAYOO (Po4tponed 6-1) (c) Res- -111 "Supporting the State Capitol Move Alaska" (Corr Wo, - A Fischer)(6-1 Agenda) (d) S' I'S Approving a Fire Equipment Rental s� d a Shared Space and Communications Bent Between the Borough, the City I t ;:d the Ridgeway Fire, Service, Area Board" (Mayo Req. RFSA Board) (0) Res. 82.114 "Authorizing the Destruction of 93rQug ecords Which Are No Longer Needed for Retention in Borough Records Management Files" (mayor) 7 I '�, �y�����1'/R.V��..•II.s-'. n.�• 1%N,//Ifii!^v i�..f , it ..X .l M Res. 82-IIS "Approving the Award of a Contract or the truction of Mackey Lake Road" (Brandon. PM Comte) (available 6-15) (9) Res. 82-116 "Accepting the Proposal of Tryck ym+n ayes to Provide for the Construction Inspection Services of Mackay Lake Road" (Brandon. PN Comte) fh) Res. 82-117 "Authorizing Utility Relocation greements ith Glacier State Telephone Company, Honer Electric Association and Alaska Gas and Service Company for Mackay Lake Road Construc• tion Project" (Brandon. PN Comte) (1) Res. 82-IIS "Authorizing a Contract with Jackson nstruct on Co. for the Clearing and Grubbing Of Halbouty Road" (Brandon, Pw Comte) (j) Res. 82-119 "Authorizing Utility Relocation Woollens ith Glacier State Telephone Company for Halbouty Road Construction Project" (Brandon, PN Comte) (k) Res. 82-120 "Transferring Funds to Bear Creek Drive Construction Project from Local Service Roads and Trails Contingency Account" (Brandon, PN Coate) (1) Res. 82-111 "A Resolution to Seek Amendment to !no Public Employees' Retirement System Partici- pation Agreement to Grant to Employees Rehired y the Borough After July 1, 1978, Credit Under PERS for Prior Employsent with the Borough for Any Previous Period or Periods of Employment During the Period of August 3, 1964, to June 30. 1976, Inclusive Under Certain Conditions" (Mayor) (a) Res. 82-122 "Approving Job Descriptions for os t ons udgeted in the 1982-83 Borough Budget" (Mayor) L. PENDING LEGISLATION (a) Ord. 82-34 "Appropriating Funds for the Borough for Fiscal Year 1982-83" Enacted w/Recon. by Fischer (b) Ord. 81-83 (Limits tax to approval by voters) In special committee (FINAL ACTION 6-15) (c) Ord. 82-14 "Incorporating the Ridgeway Fire and Central Emergency Medical Service Areas" (Ref, to Committee 3-16) 3 �^ 1 ���1"n��'!: • �,�.�i��;.ri�7..r:-.�Xie �.9rX:.•-r-t,�"'�! D�3�`..nv'� �� -•s s- •arc ... ..:. - �: �;'�._. -y✓� r-�'J'.:� n- - t"' i /j / -V OWN 0 j 7- rw" Bridge S 141 Ord. 82-42 ,Abolishing Kenai River , 6d32 vision Service Area, and Repealing —16P,e of the Borough Code of Ordinances" (Mayor) Hear 7-6 (a) Ord. 92-4S ,Rezoning Government Lot 141 Contain' ins ApproximatelyAct** In the City of Kenai" (Mayor. Req. of Planning Common.) Host 7-6 (f) Ord. 82-46 "Rezoning Tract C*I. Leiter industrial Subdivision, Preliminary and A Tract of Land Locs- ted Within U.S. Survey #241 Alaska. S Acres * To Be Public (P) District in the City Of Seward" (Mayor. Req. of Planning Covasn.) Hoar 7.6 M. FORMAL PRESENTATIONS WITH PRIOR NOTICE UPON MATTERS NOT ON THE MEETING AGENDA N. MAYOR'S REPORT (a) Financial Report, may 1982 (b) Appointments to Planning Commission (c) Appointments to Central pen. Hospital S.A. Board (d) Appointment to SO' Central Health planning (Carpenter) 0. OTHER BUSINESS (a) Memo ,$Z_Sg Request for Vsjw@r of penalty and tat ast—Chapple (6-1 Agenda) (b) Furniture and Equipment List, Ninitchik School p. ASSEMBLY AND MAYOR'S COMMENTS PUBLIC COMMENTS AND PUBLIC PRESENTATION!; UPON MATTERS NOT CONTAINED IN THE ASSEMBLY'S AGENDA FOR THE MEETING R. INFORMATIONAL MATERIALS AND REPORTS S. NOTICE OF NEIT MEETING AND ADJOURNMENT (July 6. 1982) F1 msmtw A;" E L = /V P 0 CITY OF KENAI „Od G'dpd,4d aj 4" P t f, O. SOX St0 KENAI, ALASKA 99611 TELEPHONE 253 • 1535 I I June 9, 1982 TO: Sim. J. Brighton, City Manager FROM: Keith Kornelis, Director of Public Works SUBJECT: CEIP Grants At the last Council meeting, there was quite a bit of discussion concerning whether or not the City Administration had properly applied for the CEIP Grant for the Kenai Community Library Expansion. At the Council meeting, I tried to explain that CEIP had requested grant applications for 308b Funds and that the grant application form did not specifically require us to label the grant request for 308 b, c, or d Funds. A copy of the grant application is attached. In an effort to give more validity to my statements that I gave to Council, T called Carol Akerelrea who is the CEIP Coordinator. Below is a brief explanation and comments concerning each one of the types of categories of CEIP Funding. 303 (a) There is no such thing, as 308 (a) Funds. 308 (h) There is very little money left in this category. The round of projects that were juEt awarded in this category was money that was carried over from 1981. After awarding these last projects, the 308 (b) money has been used up. The 303 (b) money is set aside for planning grants used for the purposes of design and engineering, planning and studies needed for the impact from OCS Development. It is used in connection with resource expansion activities. Ms. Akerelrea has assured me that the City of Kenai was proper in placing the Kenai Community Library Expansion under this section of the grant. 308 (c) CEIP no longer has any 308 (c) monies. There is a possibility that the Office of Coastal Management may Memo to Wm. J. Brighton Page 2 Tune 9, 1982 5a be requesting funds for this type of program. Funds under 308 (c) were available to address impacts of coastal energy activities and activities that affect coastal areas. The funds were used primarily for planning strategies and studying for planning of something. Funds used under 308 (r) wore used for the general type planning and studying and was used as for more broader things than the 308 (b) money. Funds under the 308 (c) category required a 30 percent match by the grant applicant. 308 (c) monies were for (1) planning grants; (2) were available to the State for public participation, activities, and public policies; (3) provides for the inclusion of coal development activities. 308 (d) The funds under this category provided grants to communitities to address environmental and recreational items. An example of this type of grant would be a study of how to handle and contain oil spills. Another aspect of CEIP Funding is their loan program. CEIP will loan up front construction money for projects. As I understand it, there is still $15 million available for this type of loan project. An example of this is the Kenai Peninsula. Borough received C... a CEIP construction loan project through the Alaska Bond Bank for $7 million for the hospital expansion. As I understand it, Municipal Bonds have been issued to pay back the loans. In concluding my discussion with Ms. Carol Akerelrea, the following was summarized. CEIP Funds are running down. It appears that the CEIP program will eventually be dropped or picked up by the State. Over the next year, the CEIP personnel will be evaluating their past performance, how effective the program has been, what the drawbacks are, who received the funds and who didn't and why, and simply a general evaluation. After the study has been completed, the results will be used to possibly pursuade the State of Alaska to fund a similar CEIP tyre of program in the 1984 State Funding. Ms. Akere'rea also commented that she would be available to address our City Council at our request. KK/ j et V CITY OF KENAI FOR COUNCIL INFORMATION Transfers of Funds under $1,000 under KMC 7.25.020 (a) Any Special Date Dept. Amount From To Explanation 6-1-82 Water/Sewer 180.00 8099 4532 6-1-82 Water/Sewer 150.00 2023 4532 6-1-82 City Manager 400.00 4534 4533 6-1-82 Parks 50.00 4531 4538 6-1-82 Parks 150.00 4534 4538 6-1-82 Parks 250.00 8064 2024 6-2-82 General 200.00 4538 2023 6-2-82 Police 900.00 Pro. Svc. Operating Supplies 6-7-82 Water 300.00 Trans. Supplies -, 6-7-82 Fire 500.00 8064 4532 iI I .. Y 'j *Unless some special explanation is filled in, the reason for necessity or desirability of the transfer can be assumed to be 4, due to the normal condition that expense estimates during the - - budget process were over estimated in one or more accounts and — _ under estimated in one or more accounts. ,. — -- carmen vincent gin$oii, architect box 4625professional building suite 110 kenai, alaska 99611 907 283.7732 June 9, 1982 City of Kenai P.ox 580 5 Kenai, AK 99611 Attention K. Director Public :storks Department Re: Invoice for Architectural Services Kenai ',•lunicipal Alroort Expansion Project I N V O I C E Monthly Billing Per Contract Contract Document Phase 1 75% Complete .75 (66587.5049,940.62 Less Payment 9 30%-19,976.25 ✓ Due $29,964.37 Thank you, !' carmen vincent aintoli, archit�?ct —__—_ y�•i/tip. i. 1� /, �. e t �jG $29,964,37 c• h 401 E. FIREWEED LANE ANCHORAGE, ALASKA 99503-2197 (907) 276-37 70 ANCHORAGE • JUNEAU • BETHEL r i � e # 6a 9' `i MAY 4 1tN 1� N r+�N �wvy I WL- May 4, 1982 Mr. Jack LaShot City Enaineer City of Kenai P.O. Box 580 _ Kenai, Alaska 99611 i Subject: Kenai Drainage Study #2-40 n Dear Mr. LaShot: J Enclosed is the monthly billing for the Kenai Drainage Study. a 1l A status report by task is given below: r" 1 { Task 1 - Collect Data 90% complete Task 2 - Update Maps 50% complete - Task 3 - Site Inventory 20% complete. Task 4 - Site Investigation 1000- complete Task 6 - Hydrologic Analysis 10% complete If you have any questions, please call me. t Very truly yours, �im MacInn s, P.E. v Jai/jbj Enclosure �-- -_-' 1� �� _: .r • f l::S-..Y-.r R....� • . ... .......... - / r 1aY .3 .. , :tit. ' J I I t+ I 1 ` I R o PAY ESTIMATE NO:� CITY OF KI:XAI Project Forest Drive Extended and Gill Street Road Improvements 1981 Contractor 1-(arley's Trucking i Address Box 672 Soldotna, Alaska 99669 Project No. 5 Plione 262-9140 Period �1 From K/ h/8 to (>- �7(82 -- ANALYSIS OF ADJUSTED CONTRACT AMOUNT TO DATE � Ol Original contract amount $ 1 335,466.80 - Net change by'a ordes To 6e e,plevve � a �n _change adjusted 78 6-16-YA contract amount to date j ANALYSIS OF WORK COMPLETED .i O Original c(cnt tact wc►rl. Completed 1n_KRR_n / f O Addition:: from clung; orders completed 2.19)1 7A _ V;Lterials stored at close of perio.l Total csrnedO, ; + t, - 1 O LC$5 re La111ai;(T Of percent — �'��? 52 OTotal �•:r me �I 1, . r•.• t :t i na!;r O 0,; - ' 1 I r' I.e.;!; arncruni o f p rcc i �,ns l,:t } utell i s ✓ i 11 Balance diie this pa;utcnt —A 27 3' e..c� CAt1Lr:ictOr i{artry' . Trucking Engineer ttiince•Corthell-Bryson - c- i �1 1 J � ONE PAY Page ? of 5 ESTIMATE NO: 2 re"', CERTIFICATION OF CONTRACTOR According to the beat of my knowledge and belief, I certify that ail items and amounts shown on the face of this Periodic Estimate for Partial Payment are correct• that all work has been performed and/or material supplied in full accordance with the requirements of the referenced Contract, and/or duly authorised deviations, substitutions, alterations, and/or additions; that the foregoing is a true and correct statement of the contract account up to and including the last day of the period coveted by this Periodic is that no part of the Balance Out This Payment has been received, and that the undersigned and his subcontractors 1111W(Check applicable Me) a. plied with all the labor provisions of paid contract. b. G Complied with all the labor provisions of said contract except in those instances where nor honest dispute exists with to. speet to said labor provisions. (f( (b)It Checked, describe briefly nature of dispute.) _ Harley's Trucking By 'a== (Convect") (sl/astun of Auehwssed has 2 , 19_W— Tide Partner CERTIFICATION OF ARCHITECT OR ENGINEER / certify that I have checked And verified the above and foregoing Periodic Estimate for Partial Payment; that to the best of my knowledge and belief it is a true and Correct statement of work performed and/or material supplied by the contractor; that all work and/or material included in this Periodic Estimate has been inspected by me and/or ivy my jury Authorized representative or assistants And that it has been performed And/or supplied in full accordance with requirememts of the refetsrnce contract; and 2mate that parts.cl ppAymvnt clAcntcj And requested by the eontract�o[�Q( J umnufej ran chv basis of work t+oHurmrJ l suppl/ctI tdate. anJ/or Sy V "t' "I '.?PROVED I;Y CITY OF I:"cNAI / v 1�ro✓4� Signed � � r27'f MANAGER :i i I'::.: "'' Winceh► w attbrbrysonUSLIC :. Date.................... X•:iT'( f,LE iY..._............................. (� ...... . PRE-PAYME TCERTIFICATION BY FINt-e VIAM ERE .._.. ARIA Check ripe of payment terrrfledt 1 have checked this estimate Against the contractor's Schedule of Amormin far Contract Puynwnts, the notes And reports of my ins(tetions of the• pruivct, Arai flee periodic reports submittt•J fly the Architect/vngineer. It is my opinion that the %j tcsneat of work pertormvd AM w m.rta•rt.sl•t %upplicJ is Areuratc. ihAt the contractor s,. ob.vrctng the tvquirem.•nrs of the contract, and that the contractor •huul.l iw pAtJ the Amount requested Above.. ,>C1 cvtttty that All uurk AnJ of m.tteriAl* under the cuntraet h-11 I•een in4wA34-J by env and that it has been pvrttamed And.'or sup- pltv.i in 1u11 Act:orJAtscv wall tltc rcquirenst•nt• of the cuntrkt. Wince-Corthel1-8ryw ..> 10,11, .approved (Conte"ts"a Ottseer) (DOW A McLANE & ASSOCIATES. Inc. RC61iT¢R90 LAND GURVRYORS P.O. Box 488 • PHONE 283.42f 8 - 1 SOLOOTNA. ALASKA ego@* June 3, 1982 Invoice no. 32368-01 JII S � �• i.g r;l •i if� s.1 .� E 1 A Box 10*1 06 .1';,'t ,;;• Kenai, Alaska 99611 r Re: P.O. Nc. 32368.City of Kenai, Spruce Street Road improvements 191f. Date 2 man crew 5/20/82 4 hrs. 5/21 4 TOTAL 8 I 8 hrs @ $105.00 TOTAL $840.00 ✓� 4 .o j- < rr '. 1 40) E. MEWEEU LANE ANCHORAGE, ALASKA 99503.2197 (907) 27 6.37 70 AN010RAGE • JUNEAU • ItETt1El. ,41c. .0. 1 c v :'r, v, l — MAY 21. 1982 CITY OF KENAI P.O. BOX 580 KENAI, ALASKA 99611 INVOICE NO 2043 PROJECT: KENAI DRAINAGE 240 BILLING THRU PERIOD ENDED 05/21/82 m BALANCE FORWARD •5792,10e ENGINEER/GEOLOGIST 1 12.50 HOURS 861.65✓ 0� 468.88/ ENGINEER/GEOLOGIST 11 9.25 HOURS 5295.46 ENGINEER/GEOLOGIST 111 108,00 HOURS TECHNICIAN I 48.50 HOURS 2223, 52 -' WORD PROCESSING OPERATOR 15.25 HOURS 487.03 �( CLERICAL 14.00 HOURS 261.90 MISC. SUPPLIES. ANCHORAGE 929. 41 X 1.15 1068, 82 TOTAL CURRENT CHARGES $10667.27 TOTAL DUE THIS INVOICE $16459.37 Gee; iv:; � / Gy+• `iY� SINCERELY YOUR8 I' HOWARD C. HOLTAN, P • E. . _•--_.-_ter._......-. .. .��.-=.s-�s -_ ___ f_ _-��� a " , 401 E. FIREWEED LANE ANCHORAGE, ALASKA 9930.3.2197 (907) 27 b-3771) AN('HORAI:E • )UNEAU • BET14EL June 3, 1982 Mr. Jack LaShot City Engineer City of Kenai P. O. Sox 580 Kenai, Alaska 99611 Subjects Kenai Drainage Study #2-40 Dear Mr. LaShots Enclosed is the monthly billing for the Kenai Drainage Study. A status report by task is given belows Task 1 - Collect Data 100% complete Task 2 - Update Maps 95% complete Task 3 - Site Inventory 95% complete Task 4 - Site Investigation 90% complete Task 5 - Inventory Maps 20% complete Task 6 - Hydrologic Analysis 10% complete Task 7 - Preliminary Design 5% complete If you have any questions, please call me. Very truly yours, Aw ol.,L, n im Maclnnis, P.E. JMsnrs Enclosure 6, ty rity .. ^^ po 1_ ,J IJ W, McLANE & ASSOCIATES, Inc. 0101MRQO LAND SYRY[YORY P.O. Box 468 • PNONR 283.42 t 8 SOLOOTNA. ALASKA 9000s June 3, 1982 Invoice no. 32366-01 Vli�icec/'ISIV��'� BOX fir SW0 '"• Kenai, Alaska 99611 Re: P.O. No.- 32366 City of Kenai, First, Birch; and Fourth Avenua...Road Improvements 1981. Date 3 man crew 2 man crew 5/14/82 4 hrs. 5/17 3 5/18 8 5/19 8 hrs. TOTAL 15 8 15hrs. @ $155.00'� $2325.00 8/hrs. @ $105.00-' 840.00 ✓ TOTAL $3165.00 Je I R ' i/ 1 i i i 11roptun 1 Page No of Pages HALL QUALITY SUILmits iAt Es O{t,rE PWIrr SSMAL&l0(1 Pr, now A M r..lA. AA IPI„ F�•� •� PMOW NI kiss PROPOSAL SUBMITTED TO PHONE DATE City ofKenai-Parks & Recreation De STREET JOB NAME CITY. STATE AND ZIP CODE Kenai,Ak. 99611 JOB LOCATION ARCHITECT DATE Or PLANS =i83-4659 FHONE We hereby submit specifications and estimates for: We propose to sell Lots 10, 119 12 & 13, Block "Ulf, :9oodland Subdivision Part IV, Kenai Alaska tothe City of Kenai for a recreational Park. Pre are asking a price of $7,000 per lot or $259000, for the four lot package. Tract A. Woodland Subdivision may be included for no extra cost to the City of Kenai, at the Hallts option. 10P f ropilar hereby to furnish material and labor — complete in accordance with above specifications, for the sum of: Payment to be made as follows: dollars ($ AN rnAff al K gualm"" to be as apscdled. AN wort to be Completed in a .OrRmarltke manner, atcordmg to standard pradiem. Arty &Iteration or dewabon in" abort sptcfics Authorized bons involving extra cosh will be executed Only upon Written orders, and Will become an Signature extra tharje ov1/ and above tnlr ettlmata. AN sgrsensnts contingent upon strikes, accWents or delays h"ond our control. Owner to carry fire. tornado and other awA"ary rnwrartc. Note- This proposal may be Our waken we fwy coveed by workmen's Compensation Inturanuwithdrawn by us it not accepted within days. ,AttP�tuntp Id �rD�tQB� — The above prices, specifications and Conditions are satisfactory and are hereby accepted. You are authorized Signature to do the work as specified. Payment will be made as outlined above. Dau of AKwWallw. Signature .1 . i t i _ d i MARKET VALUE APPRAISAL OF LOTS 10, 11, 12, AND 13, BLACK U WOODLAND SUBDTVISION, PART IV C�yCLIENT P: O.OB00 MMI, AIASKA 99661 PR PARED BY ED WARFIE REAL ESTATE APPRAISALS P. 0. BOX 315 SULDOM, ALASKA 9%69 DATE OF VALUE a MAY 25, 1982 FILE FIBER 8 - 27 Sd *44A meal 5444 r4,6ytc"&44 Phone P.O. BOX 315 (07) 182,7"4 SOLDOTNA, ALASKA 9W9 June 7, 1982 City of Kenai Re: Purchase Order No. 32854 P. 0. Box 580 Kenai, Alaska 99611 Gentlemen: As you requested, I have inspected and appraised the properties known as Lots 10, 11, 12 and 13, Block U, Woodland Subdivision, Part IV, for the purpose of reporting to you my opinion of their Fair Market Value as of May 25, 1982. A discussion concerning the analysis and supporting data is contained in the following 7 pages of this report. Based on the examination and study made, I have formed the opinion that the Fair Market Value of the Subject properties as of May 25, 1982 were: Lot 10 $14,000.00 FOURTEEN 'THOUSAND DOLLARS Lot 11 $13,000.00 THIRT®J THOUSAND DOLLARS Lot 12 $12,500.00 TALVE THOUSAND FIVE HUNDRED DOLLARS Lot 13 $14,500.00 FOURTEEN THOUSAND FIVE HUNDRED DOLLARS I hereby certify that I have no past, present or prospective interest in the property and my employment was not contingent upon returning findings in any specified or implied amount, or otherwise contingent upon anything else other than the delivery of this report. To the best of my knowledge and belief, all statements and opinions con- tained in this report are correct. Thank you for the opportunity of serving you. If you have any questions concerning the report, please feel free to call. Respectfully submitted, / n 3'�1'arf ems, .� Appraiser n 7 SLVMAftY OF SALIEIYr DATA OSTENSIBLE OWNER: Hall Construction Co. Incorporated LEGAL DESCRIPTION: Lots 10, 11, 12, and 13, Block U, Woodland Subdivision, Part IV LOCATION: The Subjects are located on and East of Pollar Circle in Woodland Subdivision, Kenai, Alaska. RIGHTS APPRAISED: Unencumbered Fee Simple Title DATE OF VALUE: May 25, 1982 PURPOSE AVID FU'1CTION: The purpose of the appraisal is to estimate the Fair Market Value of the real estate and its function is for sales - purposes. ESYIMATED VALUE: � k Lot 10 - $14,000 i Lot it - $13,000 Lot 12 - $12,500 t ' Lot 13 - $14,500 Inw -1- Saw 1. M M FAIR MARKET VALUE the purpose of the appraisal report is to estimate the market value of the Subject without improvements. Market Value is defined by the American Institute of :teal Estate Appraisers and the Society of Real Estate Appraisers in their joint terminology handbook as follows: "The highest price in terms of money tdnich a oroperty will bring in a competitive and open market under all conditions requisite to a fair sale, the buyer and seller, each acting prudently, knowledgeably and assuming the price is not affected by undue stimulus." Implicit in this definition is the consummation of a sale of a specified date and the passing of title fran seller to buyer under conditions whereby: I. Buyer and seller are typically motivated. 2. Both parries are well informed or well advised and each acting in what he considers his own best interest. 3. A reasonable time is allowed forexposure in the open market. 4. Payment is made in cash or its equivalent. 5. Financing, if any, is on terms generally avail- able in the community at the specified date and typical for the property type in its locale. 6. The price represents a normal consideration for the property sold, unaffected by speciZ financing amounts and/or terms, services, fees, costs, or credits incurred in the transaction. s -2- */40 ��u ��a6oals t 'i • { SIJ�_,M-S SITI: DESCRIPTION LEGAL DESCRIPTION: Lots 10, 11, 12, and 13, Block U, Woodland Subdivision, ' Part IV. LOCATION: the Subjects are located on and East of Pollar Circle in Woodland Subdivision, Kenai, Alaska. LAND AREA: Lot 10 Lot 11 Lot 12 Lot 13 .25 Ac. .23 Ac. .19 Ac. .26 Ac. ACCESS: Poplar Circle is paved with asphalt, provides two lanes of travel, has gutters and is maintained by the City of Kenai. DRAINAGE: Average for the area. UTILITIES: Electricity, telephone, public water and sewer, natural gas. TOPOGRAPHY: Level to gently rolling, at road grade and cleared of tree cover. ZONING: Residential. HIGHEST AIM BEST USE: the highest and best use for the Subjects are to be utilized for residential purposes. -3-"'.IPF" SLRJECT PHOTOGRAPHS Subject Site - 4- �■ od *do Raab *ftaad& NP.ICFBOPR= DATA The City of Kenai is located on the Easterly rank of Ccdc Inlet in the central portion of the Kenai Peninsula. Once primarily afishing-trapping and trading Host type neighborhood, t e de discovery of oil, gas and other natural resources has converted the area into the largest industrialized neighborhood in the State of Alaska. The majority of this industrial activity is located 10 to 12 miles North of Kenai in Nikishka, Alaska. Tourism and commercial fishing remain a very important part of the economy of Kenai, providing both revenue and jobs for government and private entities. Time Subject's immediate neighborhood is located one mile northwest of the central downtown area u: Kenai. Woodland Subdivision is one of the older residential developments in the city and has had steady activity over the years. It is approximately 909. development with residential Improvements, homes are typically in the medium price range and pride of ownership is evident. i ii }: 5 t z - r _5- [ .- PRDPERIY VALUATION A search was ccmducted for the most recent sales which have occurred and would offer a prospective buyer an alternative to the Subject site: The following is a tabulation and discussion of these sales. Sale Legal Land Sales Price Price Utilities Nwber Description Area Sales Date Per Unit Access 1. Lot 6, Blk. D 10,800 sq. ft. $12,000 $1.11 Elec.,Tel.,Gas, Woodland 9--81 Water & Sewer 2. Lot 1, Blk. T 12,200 sq.ft. $15,000 1.23 Elec. ,Tel.,Gas, Woodland 6-82 Water & Sewer 3. Lot 5, Blk. U 15,246 sq. ft. $15,000 .98 Elec.,Tel., Gas, Woodland Water & Sewer Subject: Lot 10 10,890 sq. ft. Lot 11 10,020 sq. ft. Lot 12 8,276 sq. ft. Lot 13 11,326 sq. ft. The unit of measure utilized in this analysis was price per square foot as this was the unit most often considered by the market in its decision making process. t -6- E4 W40 Rad & 4A*W&4& MMPARATIVE ANALYSIS AND CONCLLJTION OF VAIN Undeveloped lots in the Woodland area rarely sell on the open market as unimproved land. Typically residential building si*.es were held by contrabtors for use in the construction of homes. Part IV of Woodland Subdivision is an example. Comparable #1 is located approximately four blocks west of the Subject in the older section of Woodland. It sold for somewhat less oer square foot because it is not located in the newly developing area. Other comparables in the area were analyzed by the method of abstraction which recognizes that a contribution is made by both the land and improvements which totaled, equal value. Therefore if the value of the improvements are knoam and subtracted from the sales price, the balance is attributed to the land. Camparables #2 and #3 were analyzed in this manner and supported by numerous other sales. The comaprables indicate a range of $1.00 to $1.50 per square foot with the market not being willing to pay more that $15,000 for a building site. Comparables #2 and #3 are located in Part IV of Woodland and very similar in neigh- borhood amenities. After consideration of the available data, I have formed the opinion that the Subject, in Fee simple Title, with all assessments paid as of May 25, 1982, had a Market Value of: Lot 10 10,890 sq.ft. $1.30 $14,157.00 Rounded to $14,000.00 Lot it 10,020 sq.ft. $1.30 $13,026.00 Rounded to $13,000.00 Lot 12 8,276 sq.ft. $1.50 $12,414.00 Rounded to $12,500.00 Lot 13 11,326 sq.ft. $1.30 $14,724 rY) PD nnded to $14,500.00 Wwin S. e,C.R.A. Appraiser &a woo �� �'atatc !'��I�hralae�ls a o NEI 4, SEC. 31, T.6N, R.11 W, S. B 8tM. 0420 "= toot 7Rj Sao s 1 $ . I v � t�.• 19 16, i > 211 is I® Q 2t JT Q ;� 0 rep as s •' -W a' _ Ty s3 � STREET 60 SYCAMORE CR. Y 13 7V 17 14 18 y'S! s7 .16 rIv 17 ^1 77' Is 7W. 27' 18 4 i 20 D:j 50, 07 08 �1 01 0 o s . 3c " 1 .� ac oa .�o`' /►1 J . W «. . ao « .23 ac .;. � .. s� ems' f ..� �� • wr. w>' vv. s>' •sv .IF• AMA or' i i n i L 9 .S� H, • i. • 7r S a • o' \ � ... l' Z 11 12 1 S A 4' -- �4:A . 5) 3 w •� si_ wz s' •a i •t r,n �t •e 9 W CERTIFICATION %ND ST.III fI•%f1-N I OF 1.Ip111 VV- CONDITIONS' {T.,tIII ICX;ION: flie Appt.u%ei tell ifle%.ui.i.Illce%1hat. 1. I he Appraiser has mo pte%cttt o, Collis: till 'I.$led fill us uttelem fit file piopcu . Iyl.itsed; and neither Ibc cinployntcttl I make the appraisal, nor cite compensation riu it. 1%corlungenl upon file apPrane•d sailor of the property. 2. T be Appraiser has tp, i•erwfial intefest of Is hiss a fill Ic%pect 10 1lie Sul) let I III.rncr of the appraisal report or the pare, r pests to the sale. The "Estin.ate of Market V.tluc" ui the appru••al Icport i+not Imm-il lit whole or in part upon rile face, c(4(ir. of maffomad origin of the prospective owners III occupants of the property allpt.Iwd, or upon the race. Color or national orlmm of the present owners or occupants of the propertics in the vicinity of the properly apprai►ed. 3. 'Fire Appraiser has personally inspected lite property, both inside and out, and hal5jade an exterior inspection of all comparable sales listed in the iclsort. To the best of' the Appraiser's knowledi;e and belief, all statements and Information in this squirt are true and correct, and the Aplinmei has not knowingly withheld :u) %qmdicant information. •1. All contingent and limiting cunditiou% .tic contained lieu of ( Imposed by the lertts of the assignment or by the under- signed affecting the analyses, opinions, and condo aorfs corttaitted If the report), 5. Ihis appraisal report has been made ui cunfilnnity Willi .Ind is subject to tit, tequirellfentsof the Code of Professfortal t Ihrc% and Standards of Professional C'otlducl of rile appfamad mg;uniations Willi ►► lut If the Appraiser is apihated. I+. All conclusions and opinions concerning the real estate that :Ire set forth trr the .Ippraisal report were prepared by the �ppi.uu r whrtw sijiiature appears oil the apprrisad repo, t, little%% uulicated as "Kc►icw Appraiser." No change of any Itan fit file applamd report shall be made by anyone other than life Appraiser, and the Altliiii.cr shall have no responsibility for .illy %u,.h tinauthinimd change. CONI INGCNT AND LIMITING CONDITIONS: T'he certification of the Appramei algtearng in the appraisal report is subject ili the following conditions and to such other specific and Iinutisig conditions as arc %eI forth by file Appraiser rtr tlfe report 1. 1 lie Appraiser assurtles no respouslbthty lot ,natters of if legal nature affccrmr tlfe property appraised or the title there- to. floor does life Appraiser render any opnuou as to life title, which is assu tsed to be good and marketable. The property 1% appraised as though, under responsible ownership. ?. Any sketch in the report may show approximate dinicitm m% and is included to absist the reader fit visualming the prop city. The Appraiser has madc no survey cif the property. .1. The Appraiser is not required to give testimony or appear in court because of having madc the appraisal wills feference to file property in question, unless arranlxuicnts have been pieviomly made therefor. 4. 11 iy distribution of the valu:nion lit the icport. bet ween land and hirprovemcfit% applies only under the existmg program of ouch Ition. ITfc separate valuations for land .old building must not be used in .-(injunction Willi .illy other appraisal and are ufwdol If so used. S. Tire Appraiser assurnes that there are no flidden or uttappareut condition. of Ate property, subsoil, or sttuctures. which would render it ttiorc or less valuable. The Appraiser assumes situ it•%pomslbdry rill %licit conditions, fir for cngincerttfgwhich might Iw required to discover such factors. (I. Inturtnation.estimatcs,aud olmitoms futimlied to the Appian„ I. Cud cont.uu.•.I m the report, were obtained from %until% cous,d• red reliable and behoved to he true .raid correct. 11owe►es. no fespon%ibr(tr% tan accuracy of %uch itellis furmhed Urc Apin. r.••r can Is- asstmted'.ry the Appraiser. 7. la.elosur¢ of the content%of the appraisal report is governed b} the Bylaw, .110 Kelad.mfon%af' file professional .fppr.u..il orgimi:ations Willi which the Appraiser is affiliated. X. Pit ither all, not any part of the Content al' the report. (ir copy fhcreot' (mcltr41HIg conclusions as to the property value. the uh mity of life Appraiser. professional designations, rcfercitce to any puifemoriral apprassal organs/atitfrts. or file firin with which :he Appraiser iscomected). thall be used for ally purpuscs by anyone hill the Ghent %peciffed us the report. rite buxom cr if apl,r trial fee paid by same. the mortgagee or its %ucces.rrs iuid ansrltl%. Inuttgage u,su,cs%, consultants, professional apptamil org.nr, atoms. ally state or federally approved tin.urcial first it lit any department..Ihcncy. or untrumentahty of the United Start-,. • f any %l ite of life District all Colutmbia.wmhout the previous written consenl of the Apprriscr,nur shall it he Conveyed by i u►mic to the public through atimlistrig. public relations, lieu%, sales, or other media, without the written consent and app,o% if of the Appraiser. 9. al Ili all appsarsals, subject to satisfactory cumpletloft. repair,. of alterations. the appraisal report and value conclusion are contintent upon completion of the Improvements fit a w•.skivanbke manner. t ,- air....... _. ...._ _ :------- ----_ - _ - - - - - - - — ----- =- -�__- --- --- -- • • I f� �d Z�/a�r�lc �caL �atate �4��rsaleala � Phone P.O. Box 315 (9o7) 2 6 2- 7 4 4 4 SOLDOTNA, ALASKA "669 QUALIFICATIONS OF APPRAISER ; Edwin S. Warfle EDUCATION: A.A. Degree -Business Administration -Goldey Beacom School of Business B.S. Degree -Accounting -University of Baltimore American Institute of Real Estate Appraisers -Course VIII & lA FNMA Residential Seminar -April 13, 1978 ASSOCIATIONS: American Institute of Real Estate Appraisers-R.M. Candidate Kenai Peninsula Board of Realtors Kenai Peninsula Home Builders Association BUSINESS EXPERIENCE: September 1979 to present -Ed Warfle Real Estate Appraisals April 1977 through August 1979-Appraiser-Frykholm Appraisal 1973 through March 1977-Merchandise Manager -Superior Bldg. Supply TYPICAL ASSIGNMENTS: Residential, Commercial and industrial Real Estate, Vacant land, Real estate development consultation TYPICAL CLIENTELE: National Bank of Alaska Alaska Statebank First National Bank of Anchorage Coast Mortgage Company Alaska Bank of Commerce First Federal Savings and Loan Association Small Business Administration Peninsula Savings and Loan Association USARAL Federal Credit Union City of Kenai Relocation Realty Service Corporation First National Bank of Bartlettsville Merrill -Lynch Relocation Management, Inc. Seafoods of Alaska Fee appraising for various private individuals and construction companies. LEgiStATiVE B UttEAN W I June 4, 1982 SPECIAL ISSUE - 14UNICIPAL CODE 945 This bulletin contains information only on HCS CSSB 180 (Jud) am H, the bill revising Title 29, the Municipal Code. Next week we will send out a wrap-up of the Second Session of the Twelfth Legislature. What started out as a clean-up of Title 29 has turned into a very controversial bill. Although the House adopted several amendments on the floor that had not had the benefit of committee scrutiny, we urged passage in order to get the bill to a conference committee and avoid losing 3 years worth of work. We had been assured that the Senate would not accept the House version, but commitments evaporated and the Senate voted to concur with the House version. The two most controversial amendments relate to forest land exemption from property taxes, and to changes in the method of determining population for purposes of revenue sharing and tax limits. The forest land exemption was part of an amendment to define "developed" for purposes of defining when ANCSA lands would go on the tax roles. The intent of the forest land exemption was for it to apply to the ANCSA lands, but the definition of "forest lands" is so broad that it could apply to any vacant land that has a tree on it. The population amendment allows the counting of remote site workers, instead of the current practice of using U.S. Bureau of Census standards for determining population. Prior to the 1980 Census, the Department of Community and Regional Affairs used information supplied by each community to determine population. The population determination has a major impact on the tax limitation section of the law and a minor impact on revenue sharing. Following is a list of several sections of the AML 1982 Policy Statement and how HCS CSSB 180 (Jud) am H relates to them. Legislative Bulletin #45 - page 2 PART I - TAXATION AND FINANCE S. STATE ASSISTANCE IN FINANCING LOCAL GOVERNMENT 13. Increase in State Revenue Sharing for Specific Recipients: "In those cases where legislation is approved increasing the state revenue sharing en- titlement for specific recipients or for a specific purpose, the League advo- cates that the total funding for state revenue sharing be increased." The House floor amendment requiring the inclusion of remote site workers in population counts, whether or not they qualify as "residents", will entitle the North Slope Borough and possibly some other communities to about $1.5 million more in revenue sharing/municipal assistance monies. Since the Legislature did not increase the total appropriations, other municipalities' allocations will be cut by about 1%. C. LOCAL TAXES 1. State -Mandated Exemptionss "The League opposes the imposition of state - mandated exemption of certain classes of property, individuals, organizations, or commodities from the application of taxes unless adequate compensation is made by the state to reimburse local government for revenues lost due to these exemptions." In addition to defining "developed" for purposes of determining when ANCSA lands would go on the tax rolls, a House floor amendment added "forest lands" to the list of types of property that are exempt from municipal taxation. Forest land is broadly defined in AS 41.17.950(6) to mean "land stocked or having been stocked with forest trees of any size and not currently �= developed for nonforest use, regardless of whether presently available or accessible for commercial purposes, and includes any such land under state, municipal or private ownership". Various estimates by municipal assessors range from a 70 tax base loss in Anchorage to a 22% loss in Fairbanks to a 53% loss in the Matanuska-Susitna Borough. There is no provision in the law to reimburse the municipalities for lost revenues. Another floor amendment added firearms to the list of mandatory exemptions. 4. Business Inventoriess "The League supports legislation which would provide for the optional exemption of business inventories from property tax." SS 180 provides for the optional exemption of all personal property, including business inventories, but not just business inventories. S. Interest Rate Limits "The League supports legislation to remove the limits established by AS 59.53.180 and AS 29.53.415(d) on the penalty and interest rate for delinquent property and sales tax payments." Although SS 180 does not remove the limits, it does raise the limit on penalties from 10% to 20% and the limit on interest rate for delinquent taxes from 8% to 15%. PART VIII - MUNICIPAL ELECTIONS A. PLM;MLITY 1. "The League strongly supports legislation which would permit a munici- pality to opt out of the 40% plurality requirement for election to office, and which would clarify the 40% rule for municipalities that continue to use it." This is provided in SS 180. Legislative Bulletin #45 - page 3 /"� F. VOTER QUALIFICATIONS 1. "The League supports legislation that would allow a municipality, by ordinance, to require persons to be state registered voters in, and residents of, the precinct, district or service area in which they seek to vote." Provided in SB 180. II. TITLE 29 REVISIONS 1. Signature Requirements: "The League supports legislation which would clarify AS 29.28.070(b) to specify that signature requirements for petitions be based upon the last regular municipal election held just preceding the date of first circulation of the petition." SB 180 provides for "last regular election" instead of "last regular municipal election" (emphasis added), but does elimi- nate the term, "last general election" which usually refers to state elections. 2. Recall Signatures: "The League supports legislation amending AS 29.- 28.070 to provide that the number of signatures required to initiate a petition for recall be 35% of the number of voters voting in the last regular municipal election regardless of population of the municipality." SB 180 establishes the signature requirement at 2596, regardless of population. This represents an increase from 15% for municipalities over 7500 and no change for the others. 3. Recall Procedures: "The League supports legislation which would make recall procedures clearer, including provisions to make the grounds more ^ specific." SB 180 does not change the grounds for recall, but does clarify the -./ procedures. PART VIII - LOCAL GOVERWENT POWERS A. LOCAL AUTONOMY 1. Effective Local Government: "The League . opposes any legislation which unduly restricts local goverment." The prohibition of gun ownership and possession regulation has the potential for infringing on the ability of munici- palities to respond to the wishes of their constituents. 2. Enforcement of Municipal Ordinances: "The League opposes state restriction on enforcement of municipal ordinances and supports legislation clearly establishing local autonomy in the creation of mandatory sentences and other remedies for violation of local ordinances." Although in the early versions of SB 180, the authority to establish mandatory sentences was deleted in the one that passed. I ranklin aka 99801 5-1 US June 12, 1982 1"R [v r OF SPECIAL INTEREST SB 180 - Municipal Code Revision: The Alaska Municipal League Board of Directors voted to urge the Governor to veto SB 180, unless a majority of the municipal members object to that position. Telegrams were sent to mayors advising them of the vote. The main reason for the decision was the probable loss of tax base that will result from exemption of forest lands, which is defined very broadly. The intent was for the exemption to apply to commercial timber property but the definition appears to include any vacant piece of land with trees on it. The Board also objected to the population determination change and the prohibition against regulating gun possession. As of this date the bill has not been transmitted to the Governor. After he receives it, he has 20 days to sign, veto, or allow it to become law without his signature. SIGNED BY THE GOVERNOR SS 612 - Municipal Assistance Fund: The Governor signed into law this bill which increases the amount the Legislature may appropriate to the Municipal Assistance Fund from "10% or greater" of the corporate income tax proceeds to 030% or greater". Although not binding, the legislation establishes a suggested level that is closer to what it would have been without last year's changes to the oil and gas tax laws. SB 778 - Vending Facilities on Public Property: The Governor signed into law this bill relating to the operation of vending facilities on public property. The final version deleted the applicability to municipalities. HB 146 - Payment Procedures on Public Contracts: The Governor signed into law this bill which requires the state and political subdivisions to pay interest on retainage on public contracts from the date of approval of a pay estimate until the date of payment. 9 �u Legislative Bulletin #46 - page 2 VETOED BY THE GOVERNOR Bond Packages The Governor vetoed all five bills providing for the issuance of general obligation bonds for (1) Transportation, (2) University, (3) Education, (4) Water/Sewer/Solid Waste, and (5) Court and Corrections. AWAITING GOVERNOR'S ACTION SS 252 - Water, Sewer, Solid Waste: As previously reported, the Legislature passed HCS CSSB 252 (Fin) am H, which increases the state share of water supply, sewerage, and solid waste facilities grants from SO% to 70%. The Governor has until June 21 to act on the bill. Unfortunately, funding for the program was contained in the bond package, which the governor vetoed. If we can get the program in place, however, we can work for supplemental funding during the next legislative session in order to avoid losing the 1983 construction season in addition to the 1982 one. HB 279 - School Construction Assistance: The Governor has until June 24 to act on this bill which increases the percentage of school debt reimbursement by the state from 80% to 90% for debt incurred after 1977 and eliminates the two year lag in reimbursement for payments on debt issued after December 31, 1981. funding for the bill is included in CSSB 746 (Fin) am H. FLOOR ACTION SB 212 - Alaska Railroad Transfer Advisory Commissions The House passed HCS CSSB 212 (Rls), which creates an Alaska Railroad Transfer Advisory Commission instead of the Railroad Authority envisioned in earlier versions of the bill. The Senate concurred with the House amendments. SB 830 & 836 - Extending Lapse Dates for SB 168 Grantss The House receded from its amendments to these bills, thus adopting the original Senate bills extend- ing the authorization and lapse dates for the SB 168 per capita grants program. HB 148 - FY 83 Budgets The House accepted the Senate budget by voting to concur with Senate amendments in SCSHB 140 (Fin). The Revenue Sharing appropriation is $55,721,000 - compared to $55,707,600 in FY 82; the Municipal Assistance Fund is $71,300,000 - compared to $87,400,000. That drop is a direct result of the changes to the oil and gas tax laws passed last session. The amount should go back up again next year with the passage of SB 612. HB 174 - Employee Relations: The House refused to concur with Senate amend- ments which would have imposed binding arbitration requirements on school districts and others covered by the Public Employment Relations Act. The Senate then receded from its amendment. The other bill, SB 668, which contained binding arbitration provisions, died in the House. HB 876 - Federal Budget Impact Fund: The House and Senate both concurred in the Conference CS, which creates a federal budget impact fund for grants to state and non -state agencies receiving federal funding. The $20,000,000 fiscal note was appropriated in CSSB 746 (Fin) am H. The Governor has until July 1 to act on this bill. i 6-ll�TB� 10 G, Me I CITY OF KENAI „ad Capdai 4 4"a P. O. SOX $80 KENAI, ALASKA 99611 TELEPHONE 4113 • 7536 MEMORANDUM TOt MEMBERS OF KENAI CITY COUNCIL AND THE BOARD OF DIRECTORS OF HOMER ELECTRIC ASSOCIATION,, INC. FROMt WM. J. BRIGHTON, CITY MANAGER W=6E Q RE: BACKGROUND MATERIAL ON RELOCATION OF UTILITY POLES IN CITY RIGHT-OF-WAYS FOR USE IN PREPARATION FOR WORK SESSION OF JUNE 28, 1982 DATES JUNE 18, 1982 The question of responsibility for costs of relocation of utilities in City right-of-ways when the City contracts street or other improvements has been a long festering sore. After the presentation by Mr. Ken Wick, Manager of HEA, to the City Council at its meeting on June 16, 1982, the Council, with the approval of Mr. Wick, set up a work session for 7s00 p.m. on June 28, 1982, in the City Council Chambers, City Hall, Kenai, Alaska for a discussion of this problem by the City Council and the Board of Directors of HEA. Submitted herewith is a packet of materials giving the background of this problem, with the claims of HEA Administrative officers and attorneys for both HEA and the City, going back as far as 1980. The problems have been going on for a much longer period of time then this. There are, in fact, two problems -- one (and most important to the City) is the delay or refusal of HEA Administration to act promptly in moving utility lines so that there would be the least possible interference with City contracts. The other problem 16 the legal question as to which party should bear the expense of relocation. The attorneys for the parties (as can be seen in the enclosed letters) have different legal opinions on this matter. It is hoped that by getting the governing bodies together this matter can be thrashed out and a course of action worked out to resolve the difficulties. The City Administration and the City Attorney have repeatedly requested that HEA officials not hesitate to cooperate in relocation of utilities, and that if they wish to insist on right 1 r� to payment for relocation expenses, they bring a law suit so that the matter can be determined in the courts. With increasing amounts of street, water, and sewer improvements in the City, the expenses of relocation are becoming a large scale item and this matter is very important to both the members of HEA (which includes the inhabitants of the City of Kenai) and to the citizens of Kenai who desire to upgrade their city. It is hoped that you will have time to review the enclosed material before coming to the meeting and that as many members as possible of the Council and the HEA Board are able to attend. Enclosures I 1' It 1 0 A 6 . ' AP1"#44:)P0J6LtJ40lM, XnC. D S T? I T i jF';: 1 r, 2 GAp:ril 3:,19:80 IMP; ey ta City of Kenai Attention, Keith Kornelis Box 580 Kenai, Ak. 99611 Mar Keith- Thank you very much for your letter of March 31, 1980, advising K F. A. of potential areas of facility conflicts with construction projects on Bidarka, Barnacle Way, and Fidalgo streets. It would be advantageous for H. & 1L to obtain a set of plans and specs covering these projects so that we can identify areas that will require facility relocation. This curred. Very truly yours, HOMER ELECTRIC ASSOCIATION, INC. Co.9 VIL ills Dis Ict Manager ERC,/jw r( CITY OF KENAI P. O. BOX $80 KENAI. ALASKA 99411 fiIEPNONE 2E3 • 706 lay 16, 1980 Mr. Eugene R. Collins District Manager Homer Electric Association P. 0. Box 350 Soldotna, Ak 99669 Re: Bidarka, Barnacle Way, and Fidalgo Street Project Dear Mr. Collins: Your letter dated April 3, 1980, to Mr. Keith Kornelis, Department of Public Works, has been referred to me and the City Council has directed that I make a reply to it. The letter of Keith Kornelis dated March 31, 1980, regarding engineering and construction on Bidarka, Barnacle Way, and Fidalgo Street (supplemented by his letter of April 21, 1980, to include Cavier and Redoubt Way) was sent to give you notice so that you could "include these projects in your budget for utility 1 e relocations." [emphasis sup - Under Alaska Statutes (A.S. 42.05.251) the electric company is entitled to a permit to use in the streets, alleys, and other public ways "upon payment of a reasonable permit fee and on reasonable terms and conditions and with reasonable exceptions" [emphasis suppliedi the City requires. The contract of Flomer Electric with the City to operate the electric system of the City contained no agreement as to terms for use of City streets nor did it provide for any permit fee. (In contrast, it might be pointed out that Kenai Utility Service Corporation pays the City 24 of its gross income within the City for a permit to exercise the privilege which Homer Electric exercises without any payment whatsoever.) 12 flcQuillin Viunicipal Corporations, Section 34.72 states, Mav 16, 1930 mr. Eugene R. Collins Page 2 "The grantee of a franchise to use the streets takes it subject to the right of the municipality to make public improvements whenever and wherever the public interest demands, and if the improvement causes injury to the cc-ipany, as by requiring it to relay or change the location of its pipes, tracks, or poles, or otherwise, the grantee of the franchise cannot recover damages from a municipality therefor." In this same section it goes on to state that the damages may be recovered from a municipality "if the statutes or the charter of a municipality provide for a recovery of damages resulting from the grading or changing of grade of a street." In Section 34.74A of McQuillin it is stated: "The fundamental common-law right applicable to franchises in streets is that the utility company must relocate its facilities in public streets when changes are required by public necessity. Accordingly, it is generally held that the municipality may require change in the location of pipes or other underground facilities of the grantee of a franchise, where public convenience or security require it, even at the grantee's own expense, ***" In the same section, it is stated the common-law duty of a utility to relocate its facilities at its own expense when public convenience or necessity so requires "may be changed by contract between the utility and a municipality so that relocation expenses are borne by the municipality, or may be changed by statute so that relocation expenses in certain cases are borne by the state." (emphasis supplied] I have found nothing in the state law that requires a munic- ipality to bear such relocation expense, there is nothing in the charter of Kenai that so -requires, and since the contract between the electric company and the City for Isomer Electric Association, Inc. to operate the City electric utility contains no agreement for the City to bear such expense, I have advised the Council that homer Electric has no legal ain 0 consiaerea a May 16, 1980 Mr. Eugene R. Collins Page 3 If contracts are executed for these construction projects, they will contain provisions that the contractor notify all utilities before doing work in an area. This is done so that you can have some representative present to designate the location of lines and so that you can arrange for relocation with the least possible loss of service to your customers (who are also citizens of Kenai). If you furnish such a representative, and he accurately designates the location of the lines, and you receive damages because of negligence of the contractor, then the contractor will be liable to you for such negligence. However, if you refuse to cooperate by having a representative designate location of lines, or if the lines are found to be in some other location than that designated so that the contractor damages lines and interferes with service because of such erroneous information, then he would very likely have a reasonable defense against claims that you care to make against him. Sincerely, Ben T. .7 City Attorney BTD/md 11 M r' M § 42.O5.231 PUBLIC UTILITIES AND CARRIERS $ 42.05.261 Op. No. 390 (File W. 675), 123 P._d V-1) The Public Service Cotnmi.sioner's (l;lli7), issuance. to a public utility, of a certificate And munic•ip:dity may compete with of public couveoi,?nce and necessity certificated utility. — The delineation of a providing for a service area which service area coutain.d to a cerufmite of enaomp:as.w1 within its territory a wty did public convenience mid necessuy does not not preciu.le .uch city from furnishing provide the halts for precluding a electrical energy within its own city hinits. municipality from run+petiuc. within its in ctnnpetition with such public utility's own tnrporate limn<, with a certificated electrical di.tnl.utlon system. Houwr ENV. utility. Chugach Elec. Assn v. City of Aa%'ti v. City of Kenal- Nup. Ct. Op. \t1, 3.110 Anchnrtee. Sup. Ct. Op. No. 31)7 (File Xo%. (File \o, 6M.). IZi 11.2d S'S i (19671. 70.', 706). 4:3; V-2d hx)1 t19ti ). Subsection td) orthi%%rction relatr.to The legi.l iture did r.nt intend. by virtue que.tions of duplication of electrical of its pas .age of the 1963 amendirents to services or facilities and the interpretatiun C this chapter. that a certificate of public of a utility h certificate of public Greater conveni+nce :and necessity was to lie a convenience and necessity. monopoly grant in relation to competition anchorage Area Horouch v. City of from a municipally owned and operated Anchorage. Sup. Cl. Op. No. Kati Wile No. utility. Homer Klee. Assn v. City of Kenai. 1:Aii)1.P.2d io_ (I!)' ;'I. Sup. Ct. Up. %0. 3901File %o. 67a). 4M P-2d 285 (1967). C Sec. 42.05.231. Application. Application for a certificate shall be in writing and shall lie in the form and contain the information required by the commission by regulation. 0 0 ch 113 SLA 1970) Sec. -12.05:3i1. Conditions of issuance. No certificate may be issued unless the commission finds that the applicant is fit, twilling and able to provide the utility services applied for and that the services :Ere required for the convenietice and necessity of the public. The commission tnay issue a certificate granting an application in whole or in part and attach to the grunt of it the terms and conditions it considers necessary to protect and pronwte the public interest including the condition that the applicant may or shall serve an area or provide a necessary service not contemplated by the applicant. The commission may, for good cause. deny in application with or without prejudice. 0 ti ch 113 SLA 19 0) Sec. 42.05a51. Use of strects in cities and boroughs, Public utilities reasonable shall be decided by the commission. Tile conunissu)tt In:I. require a utility to add the amr+tint of ally permit fee paid as a pro rata surcharge to its bills for service rendered at locations within the boundaries of any city or banourli :which requires payment of a permit fee. 43 6 ch 11:3 SLA 1970) Sec. 32.05.2161. Di•eontinnance. su-&pension or abandonment of certificated service. ta) Except as otherwise provided in this section, no public uttiity may discontinue or abandon a service for which a certificate has been issued by the commission unless upon the 11 ii ki 'STRICT orFICE L. May 8, 1980 AY I sa C 1 Loren Leman ✓ C112'et-Hill Denali Towers North 2550 Denali, Eigth Floor Anchorage, Alaska Dear Mr. Leman: Relevent to our recent telephone discussion, enclosed is an application for increase in service at tha Kenai Sewer Treatment plant, a guotation for the relocation of the three nhase power line in the y4cinity of the plant, a diagram and summary of the relocation work to be done. If any further information is required please contact me at the Ridgeway Office. Sincerely yours, HONER ELECTRIC ASSOCIATION, INC. David R. Barden Area Distribution Engineer DP.B/lr Unc. cc: Eugene R. Collins- District :tanager, 1I.E.A. Sam !VILLhews-:-!anager of rng!ncerng Services, 1I.E.A. ■ CITY OF KENAI "Od G'Q �i 4"a P. O. BOX $80 KENAI. ALASKA 99411 r TELIP14ONE 2B3 • 7B35 [May 23, 1980 Mr. David R. Barden Area Distribution Engineer Homer Electric Association, Inc. P. 0. Box 350 Soldotna, Ak 99669 Re: Relocation of Three-phase Power Line Near Kenai Sewer Treatment Plant Dear Mr. Barden: Your letter of May 8, 1980, to Mr. Loren Leman of CH214 Hill regarding application for increase in service and a quotation of relocation of three-phase power line in the vicinity of the Kenai Sewer Treatment Plant have been brought to my attention. With regard to the application for increase in service, I am referring these forms back to Mr. Kornelis for normal processing and payment if such service is desired. Howo-ver, insofar as any reimbursement of Homer Electric Association. Inc_ for relocation of the three-phase power line is concerned, I would refer you to my letter of May 16, 1980, to Mr. Eugene R. Collins, District Manager of Homer Electric Association, Inc., regarding relocation of lines for the Bidarka, Barnacle Way, and Fidalgo Street project the same Principles apply in this case, and the City of Kenai denies any obligation to Homer Electric to pay for such en oca zon Also, I have been advised that the line once ran to a pole in the approximate location of the new pole requested. When the old pole deteriorated, HEA replaced it with the pole presently in place - evidently in order to shorten its line. I May 23, 1980 Mr. David R. Barden Page 2 payment tor relocation expense and requesting that you move promptly to relocate the line in question so as not to interfere with the projected construction of the Kenai Sewer Treatment Plant. If any workman is injured, or if the City is caused additional expense in construction by delay of the contractor on that project, because of the failure of Homer Electric Association, Inc. to relocate the line in question, the City intends to hold isomer Electric association, Inc. responsible for any liability or damages. insignificant in comparison to the amount of damages that may be caused if Homer Electric refuses to relocate promptly on request. Sincerely, Ben T. DelaI y City Attorney BTD/md Enclosure cc: Mr. Loren Leman, CH2:•1 Hill Mr. Eugene R. Collinn, District Manager, HEA Mr. Sam Matthews. Manager of Eng. Services, HEA Mr. Keith Kornelis, Public Works Director of Kenai Mr. William J. Brighton, City Manager of Kenai ., o.._1._ .,l- JW UK ,:�7 UFffl=� January 25, 1982 CITY OF KENAI Oil ea 4��„ P. O. BOX $60 KENAI. ALASKA 99611 TELEPHONE 283 • 753S Mr. David R. Barden Area Distribution Engineer Homer Electric Association, Inc. P. O. "Box 350 Soldotna, Ak 99669 Re: Responsibility for Relocation of Power Poles in Connection with Improvement Projects of City Streets and Responsibility for Securing Necessary Easements from Private Land Owners Dear Mr. Barden: Information has been given me.that isomer Electric Association, Inc., has refused to move a power pole in the Spruce Street right-of-way at First that would not only interfere with construction of City street improvement project, but would also remain either in or so near the street as to constitute a hazard to motorists using the street. I understand there are other power poles that need moving fron their present location in the rights -of -way of North Lupine, First Avenue, Fourth Avenue, and Birch Street. A copy of your letter, dated December 3, 1981, to W ince-Corthell & Bryson (to the attention of Casey Madden) has been furnished to me in which you attached drawings shoaling easements that you "require to do relocation work" which you had discussed with tar. Madden. (I am not aware of what relocation work you discussed with Mr. Madden or what Mr. Madden's arzu:..ption regarding responsibility for such relocation work may have been, but with respect to any legal responsibilities, Mr. Madden cannot speak for the City of Kenai.) With respect to responsibility of HEA for moving and bearing the cc--t of relocation of the ;over role at First and Spruce Streets, as well as other power poles in rights-oi-way of streets in the City of Kenai. the legal Principles remain exactly he same as 1 1 In addition, to your responsibility to relocate lines where they would interfere with City road construction projects, HEA might be held liable for any damages to motorists due to accidents caused by allowing power poles to remain in or so near the street as to constitute a hazard. Obviously if any motor vehicle struck such a pole with force enough to break the pole, the live power lines would constitute a hazard, not only to that motorist, but to any other parties who might be in the vicinity, including parties attempting to rescue anyone there at the time of the accident. In such case the necessary emergency repairs, as well as the outages caused by the accident and lasting until such repairs were made, would probably be far more expensive than initially relocating the poles to make way for construction. While the City does not accept any responsibility for paying for the easements you require. due to the fact that these land owners would possibly be very willing to cooperate in granting such easements in order to secure street improvements which would enhance the value of their property, the City might be able to obtain such easements without payment therefor or with lower payment than would be required from HEA. Accordingly, if HEA so desires, the City will attempt to obtain these easements without costs, or with lowest possible cost. with the clear understanding that if there is any payment required for the easement, HEA will be responsible therefor. The City will be glad to cooperate by preparing the easement deeds and by attempting to get them executed by the necessary owners. If HEA would desire the City to attempt to obtain these easements, please write me to that effect, and you might also give me any easements required by any of these projects other than the easements which you li--ted in your letter of December 3, 1921, to Wince-Corthell & Bryson. In order for me to prepare such grants of easement. it will be necessary that I know the name or names of the land owners concerned and have a precise 2 legal description of the easement required. I would assume that Wince-Corthell & Bryson would be able to furnish this information, and I am enclosing a copy of this letter to that firm for their information so that they can provide me with specific details necessary if HEA elects to follow this course. Sincerely. Ben T. Delahay City Attorney BTD/md copies: Eugene R. Collins, District Manager, HEA Wince-Corthell & Bryson M. J. Brighton, City Manager Keith Kornelis, Public Works Director Enclosures (2) 3 - f 3 LAW 0FCIf C5 BALDWIN & TAYLOR C. R. Bm owm POST OFFICE BOX 4210 AREA CODE 907 WALLER TAYLOR. III KENAI,ALASKA 99611 283-7167 March 30, 1`382 -�—••r -- Ben Delahay, City Attorney Box 580 ' Kenai, AK. 99611 Re: Responsibility for relocation of power poles in connection with improvements projects of City streets Dear Ben: Homer Electric Association has referred to me for response your letter dated Janupry 25, 1982 to David R. Barden of HEA, your letter dated May 23, 1980 also to Mr. Barden, and your letter dated May 16,1980 to Eugene R. Collins, District Manager for HEA. I have been requested to advise HEA concerning the liability of the City to reimburse the co-op for expenses incurred incidental to relocating lines and poles when such relocation was made necessary by virtual reconstruction of streets by the City of Kenai. As you are no doubt aware, although Homer Electric has some of its own lines and customers within the City limits of Kenai, most of the system is owned by the City of Kenai and is operated for the City by HEA under an operating agreement dated August 10, 1971. I have relied primarily upon that operating agreement in advising HEA concerning this question. from a review of the letters described above I am assuming that you also are relying principally upon the agreement in advising the City. That agreement imposes certain duties upon HEA, the primary duties being to coil=ct the money from the operation of the system and to pay of` the bond indebtedness and also to maintain the system. There is no requirement that HEA make any extraordinary expenditures of money incidental to relocating lines and poles which the City itself installed. I have .advised my client that the provision of the agreement which is crucial i-o the outcome of the relocation question is the provision found in the second paragraph of paragraph number-13 which provides as follows: The City covenants to indemnify and save HEA harmless from .any and all claims arid liabilities by reason of any matter or thirq arising out of the ownership or operation by the City of the system prior to the effective date of this agreement. W: It is my client's position that the construction and location by the City of the poles and wires in question was a "matter or thing arising out of" the City's operation or ownership. The decision as to line location was made by the City unilaterally. HEA feels it to be inequitable to now cause all of the electric consumers to pay for relocation. I would hope that we might find some ground upon which we can resolve this disrute in an amicable manner. Please consider the foregoing comments in that light and advise me as to whether or not you feel that such a possibility exists. Since 1978 the co-op has expended over $150,000.00 in relocation of lines within the City of Kenai as a result of road construction and has no alternative at this point but to seek some type of relief. If we are unable to negotiate a settlement, there are three options available. The first is to file an action against the City of Kenai and ask the court to construe the contract in favor of HEA. The second is to petition the PUC to relieve HEA from the requirements of the ordinance. The PUC has jurisdiction to grant that type of relief under AS 42.05.641 and 42.05.251. The last cited section also suggests the third avenue of relief and that is to obtain PUC authority to restructure the rate paid by citizens of the City of Kenai which would pass through to those individuals the additional costs imposed by complying with the City's restrictions. I would hope that any formal action could be avoided. Upon review of the contract and the history of the agreement, there appears to be ample room for a negotiated settlement of some type. Please let me know your thoughts. Very truly yours, LcLf,(. C. 11. 111AL I t1 Attorney at: Lau CRB: jr• 14OWMCV electric AF39%0c13Xt19)n, ZriC. April 5, 1082 Keith Kornelis GQ City Of Kenai Box 580 4319 Kenai, Alaska 99611 r`o, Dear Keith, In reviewing the plans for the :cork the City of Kenai is planning to do this year. I have run into two items which I feel need attention prior to Homer Slectric's planning for any work to be done. The first item and the most important, is that the scope of the work you would like Homer Electric to do has not been defined. Homer Electric does not have any personnel with civil engineering or road building experience. This makes it difficult to tell from your plans exactly what facilities are in conflict. why they are in conflict and how the conflict could be resolved. I must request that detailed information on all conflicts be provided so work can be planned to correct them. Secondly, on several plans it is apparent that transmission facilities are in conflict with your plans. pelocacien of transmission facilities is possible but the consequences of this type of relocation is quite far reaching. prior to .any plans for moving transmission facilities. i mu:.t request that a meeting be arranged with you to review these specific conflicts. Your :ooper.it ion would l:n appreciated. Sin-erely. 6 - f p.ivt:s tt. iSard�n Di:.r.rict Ji..tr itsuiton Eai;ii.err Ups tc cc: Eugene r.,ll ins CITY OF KENAI Oil G?atz" 4 4"a I. O. SOX $50 KENAI, ALASKA 99611 MLIPHONE 253 - 753S April I5, 198� Honer Electric Association Attention: Dave Barden Bcx 350 Soldotna, Alaska 99669 Subject: HEA Relocation of Power Lines on Birch, Fourth, First; Second, Third; and Spruce Dear Mr. Barden: ted April S. 1982. askine for cer e i that 'ILA has not aircattv n kiorx nut is waiting on more detailca information. Tie city s ,design engineer has met with you many times to discuss the relocation of IMA pottier lines from June, 1981 to our last meeting of April 13, 1982. I have attached a chart entitled, "HEA,Powerline Relocation, 'Detailed Information"' for the projects Birch, First, Fourth; Second, Third; Spruce. Also attached are various copies of the drawings detailing the existing; and suggested changes in pottier line relocations. In our meeting yesterday twat was attended by Dave Barden, John Vaughn, .Tact: La Shot, Keith <ornelis, Phil Bryson, and Casey Madden, we went over the items you listed in your letter o:' April 5, 1932. If after goint; over the information you received in the meeting and the attachments to this letter you still have ally questions, please call immediately'. Before our utility meetin, yesterday, there was. a pre -construct ion conference on thc:c prVivct:4 which Involved the contractor, Quality Asphalt flat' i ni-, Since you and John Vau.i!hn were to attendance at this pre -co nstrui,ion conference, You probably know that the Cit:• of Kenai :utd Quality Asphalt Pavint, are anxious to co;..plete those projects earl: in the cons-truction season. � it t ■I f{omer Electric Association Page Z April 15, 1952 I hope that this information is helpful. Again, if there are any questions, problems, suggestions, or whatever, please call me and we'll get them worked out. Sincerely, Keith Kornelis, Director Department of Public Works KK/jet cc: Wince-Corthell-Bryson Ben Delahay, City Attorney 1 , I 1 I I i I 1 �J J1 1 II 1 CITY OF KENAI „ Oil Oat-aW 4 4"a. /. O. BOX SO* KIWI. ALASKA 99411 TELEPHONE 289 • 7535 June 7, 1982 Mr. C. R. Baldwin Attorney at Law P. 0. Box 4210 Kenai, Ak 99611 Re: Responsibility for Relocation of Power Poles in Connection with Improvement Projects of City Streets Dear Rick: I have reviewed your letter of March 30, 1982, the Agreement for Operation of Electric Utility between the City and HEA, various state statutes involved, and the general law as shown in McQuillin Municipal Corporations and American Jurisprudence 2d, and I cannot agree with you, either that the Agreement between the City and HEA is crucial to the outcome of the relocation question, or that the Agreement places the burden of relocation upon the City, Since your letter indicates younrelying solely on the Agreement, I assume that you agree with me that the general law (absent such agreement of transfer) is expressed in 12 McQuillin Municipal Corporations, Sec. 34.72 as cited in my letter to Eugene R. Collins dated May 16, 1980, and under the appropriate Alaska Statutes. With respect to AS 42.05.251 (as cited in the Collins letter) which provides only for the right of a utility to have a permit to use the public streets of a municipality, I would point out by way of contrast AS 19.25.020 in which the utilities are granted the right to use state rights -of -way, and 2rQYid2d that the cost of changes in relocations caused by highway construction should be paid by the State. Obviously, the same could have been done with respect to the uce of city streets had that been the intent -- in fact, Senate Bill No. 871, introduced March 22, 1982, proposed an amendment to AS 19.25.020 to make that requirement of a municipality, but that bill was not passed by the Legislature. This attempt to place the burden of relocation costs upon municipalities would not have been 1 necessary had the law been otherwise. McQuillin citation is in agreement with 39 Am. Jur. 2d, Highways, Streets, and Bridges, Sec. 278 to copy of which is attached hereto) in which the statement is made, "A muncipal corporation has no right directly or indirectly to burden itself or its citizens with the cost of removing and replacing the structures and applicances of public service companies that may necessarily be intorforred with in laying sewers in the streets, . . ." In the same section, it is also stated, "With respect to municipally owned public service companies, it is generally held that the municipality is acting in a proprietary, and not a governmental. capacity, and is therefore responsible for the cost of removal or relocation of its structures and appliances when required for highway purposes." The latter statement correctly distinguishes between a utility service owned by a municipality as a "proprietary" activity and not a governmental activity, and it can hardly be assumed that in the sale of the proprietary function the municipality intends to give up any of its governmental powers. it is stated in Sec. 232 of the above 39 Am. Jur. 2d reference that "Rights in streets or highways granted to individuals or corporations are at all times held in subordination to the superior rights of the public. The grantee rakes them subject to the paramount right of the public authorities to grade and improve the way and to make such requirements and regulations as are necessary and reasonable in order to make it suitable and convenient for the use of the traveling public, and the grantee may be required to abandon the use granted, or to remove or change the location of structures erected under the grant, when demanded by the public necessity, convenience, or welfare. Thia ne%wa ' nf f•hn e».hl I r. nI1f hnri h.r $%- t 1-4 b..A S... ....wb........ " emphasis supplied). With respect to the construction and affect of the grant in the Agreement between the City and 11EA, Sec. 225 of the same title states: "As a general rule, every grant in derogation of the right of the public to the use of the streets will_kte_egnatrued PU121ira. "(emphasis supplied) Thuz if there is an ambiguity in the rezronsibilities under the 2 Agreement between HEA and the City, it would be construed most strictly in favor of protection of the public interest. The City, however, contends that the cost of relocation does not arise out of the "ownership or operation by the City of the System [emphasis supplied] Rather, the expense of relocation is a "matter or thing arising out of the 4pCs:a�S�a_t1O�_m�ila3^us:a_(2Y_hEa_2f_ih�_gYR�.m (emphasis supplied) for which HEA h»s covenanted to idemnify and save the City harmless. If HEA does not move promptly to relocate the poles necessitated by street improvements of which they were informed many months ago, the claims and liabilities arising out of their failure to properly manage the system will be far greater than the cost of the relocation of the poles. Further light is shown of the intent of the parties by Paragraph No. 10 of the Agreement which begins with the statement, "The City agrees to grant to HEA to a permit to operate the System within the City's streets, alleys and rights -of -way, . (emphasis suppliedl This makes definite the intent of the City to grant an easement carefully restricted to that required by law which does agb include the right to recover expense of relocation when required by reconstruction of streets. Of course, you are well aware of the Hornbook law that requires a party claiming breach of contract to mitigate the damages . thereof. I am sure that HEA does not wish the City to have its forces go in and remove or relocate the poles in question. It follows then that in proper management of the system those poles should be removed or relocated by HEA, and —.._,urn.—.._s�...i�,s�s..swri`r.ww.xxnrtiscu • While HUA may not like paying the expenses of relocation and then suing the City to determine the contract obligations, it is my belief the public condemnation will be much more severe if they hold up or cause a great amount of additional expenses under City contracts in the City's endeavors to improve the roads for the use of all the citizens of the City. Further, I am sure that all 3 0i members of the REA would hesitate to see their expences of operation increased by having to pay damages to the City for increased costs of construction and delay in these projects during this construction season. I hope that you will use all o your persuasive efforts (which I know are substantial) in order to secure cooperation by HEA in the furtherance of City improvements by getting all of the poles in question in these various projects removed or relocated as soon as possible -- in some cases•we may already be running into additional expenses. Sincerely, Ben T. Delahay City Attorney BTD/md Enclosures copies: Wm. J. Brighton, City Manager Keith Kornelis, Director of Public Works 4 . • �Mi.. r•�a..• •.i•�: ,ram+': ... •.. ..._.•ram.:•.• i ,..;:, •. �:=. .. ,. •',y. •`I, ''•(•.. t.� �• i'!y a1<:_.:i: rJ�� �o�•�. 'x: b�.%J•.i J_„_1'•��:•. +.•lam• ••eJail.:t •"r..•.le�:.`.is:_s.. i•t;. e_ : �.!«..- .•t 278 HIGHWAYS, STRUM. AND BRIDGES 39 Am Jur2d placed within a hi0iway may, in some instances, depend upon the consent of the owner of the fee." Tlic summar• removal or abatement of obstructions and encroachments,l0 and the duties of the owners or tenants of abutting premises with respect to the cleaning of sidc%v.tlks.' arc treated in other portions of the article. 278. -Structures and appliances of public scrcice companics. Where a public service company has placed structures or appliances in the public streets in accordance with permission of the public authority, the public authority cannot arbitrarily order their removal or relocation.' however, the grantee of a right to make special use of the public highways and streets, such as a public service company, may be required to abandon the use granted, or to remove or change the location of structures erected under the grant. when demanded by public necessity, convenience, and welfare, or when highway use makes this neccssary,3 and may further be required to bear the expense of 19. Huffman v State, 21 ind App 449. 52 tractinc Co. 31 Haw 296: State ex rel. Rich NE 713. holdinc that one who enters upon v Idaho Power Co. 81 Idaho 487. 346 P2d a public hichnay and constructs a pipeline 596: Peoples Gas Licht & Coke Co. v thereon without the consent of the owner tit Chicairo, 413 111 457, 109 XEU 777: Edee the fee. or a ttrant from the proper public v Brice, 253 Iowa 710. 113 NW2d 755; authorities. is a trespasser and has no richt Southern Dcll Tel. & Tel. Co. v Common - to remove tilt pipeline will:unit the permission wealth (Kr) 266 SWU 308; Shreveport v of the owner of she Ice. Kansas City, S. & G. R. Co. 167 La 771. 120 So 290. 62 ALR t512t Northwestern 20. 11327, 328, infra. Tcl. Exch. Co. v Minneapolis. at Mints 1:0. 83 N{t; 527. R6 Ntc 69• Jones v Bums. 138 I. is 17 ct seq., supra. Mont 263 157 P2d 22. Stern v international R. Co. 220 XY 234. 115 NE 759. 2 ALR 2. New Decatur v American TO. Sc T.I. Cu. 4117: American Rapid TO. Co. v Bess. 125 176 Ala 492. 58 Set rs13: NLt% ()rlcans v Great NY 641. 26 NE 919: Cincinnati Inclined Struthrtrt Tel. & Tel. Igoe. in lore .inn 41. 3 Pl.sne it. C-s. v City C Suburban Tel. Also. So 531: Nortimestern Tel. loch C.,. v %tort• 411 Ohio St 390. 27 NE 1190• South Carolina neapellis. 81 Milan 140. 83 Nh' 527, [16 `let' State (tichwav Dept. v Parker Water & Sewer 159: Plattsmrnith v Nrhfafka Tel. Cie. sin Xeb Sub -Dist. 217 SC 137. 146 SG2d to: wash- 460, 114 %%V 5110: N..rtht.ruern TO. Exrlt incton Natural liar Ct. v Seattle. 60 Wails _d C.P. v And,•rson. 12 X1) i:tJ. 7a N%v 71i6: 1111. 371 h2d 133: Cuunty C4 v 1qhitt. 79 State ex let. Wi•e.+nsin TA- ('so. v I..nrsville w Va 47;. 91 SE 350. Street R. t:rt. 117 Wit 72. 57 %%V 970• The oricinal heratinn of poles in a Wert An ordinance which requires a conspanv to by a public service creri isratiren, putsuant to rerrume its pules and elves n.. ausheirity or perrnission of the authorities, creates no ab• pernllsslon en put them riseul.ere. re,praliltc se/uti•. indetelisible ncht ter irrevocable li- all urdivancrs In reindict therrs.,th. isuludutc ren" ifs have such poles remain at the pat - the .one which ,:rantrd life tranehl•r t., the titular smt f-or all time: therefore tilt public cusrrpanp. is unreas.utahle as,d s..osl. %%tilelaii.t audwritirs Islas, entorce reasonable recuLs- s• P.-Sul 't'rl.•( Llr Co. 271 Ill 173, IIJ XE tions regntnne ouch a rompanv to chance 65• the b.catt.•n of its their$ in a street. or may In I)es Jtoittrs City It. l'o. v Drs IIt..irtes. comtst•I poles and clectrir %ires in the streets 90 lit«a Mi.:,:1 Xw '1116. it t.as hvid rllat let Ise remmed and the wires to tot placed a street r lrlwav Ihas hale he'll rr.yuu.If tot I is, tuufrrcrnnnd. whrn the safrty ter the cons - And is .-Tweatille, its ttask in i'se sue'Wle .•I a letter .•f the pudic ten -its es such atria. city str►el caret ... t toe eumpe•.I:d t•t tote tit. 11u.luu esne i.ieist C.,, v Pittsurrh, 2S1 1's 557. and relay, .or to rellunt, suite track tlsereh 9; A I& tot accrilnn.•date and taubt ite the Lessor o.I A contract i,v loosen trustres to perrwt the a sesse•r in the rntddle of suill street. when county tot rrert hstchme ;-ests ailing public the se«rt may lllst as «ell Le busit it it the side. square ulll not estop tl:r tllunletpality fro," relr.ostne them if they become a nuisance. 3. new Oi!• ans ('•asl,cny Isnar t 1'.. %I, rrer C.•arets er Harr.,uwur4..13 Ky Lit :; Cll I;i4.t;iS% 10. C.-in i9; UNi•i3.iJ 1, f:s:.: ii. �� s i;l. T.•r.rrssrc v L't.urd st�us 1:1n Trent As is the rem -oval .•f -ores to facilitate the I'.d Sii 1rdrrsvn s F..C.r, j; 1'1a ,sts, rfunst, .t i,ui.C:Wes t!roucn the streets.Ke 4t Sa O-44: Mutual irl. Cj. • ItAt,aisan L.,n• Is 2t4, supra. 6" ��r . -- r.111. HIGHWAYS, STRUTS, AND BRIDGES such rcinovid or relocation' }ome other public uses %%'here a statute• imposes upon a public service cost- psny the duty of remo.int; and rclocatin, its structures and appliances then they constitute obstructions to the traveling public, the company is bound to rentove and reset them at its own expense.' Thcrc is no imnairmcrit of con- tract ri0its ..here the cxncnac of renlnyal or relocation of the ;trticttxres nL apnliances of a nithlic service comnntiv- rendered nrrrssary lit.• n strew imnrner. ,it tnc company.- ants it has also hcen held In this conncc- ge inflicted t.ithout negligence in the prosecution of a under the direction of the proper authorities is dainnum 4. Contra Costa Connty v Central Contra Costa Sanitary Dist. 225 Cal Atilt 2d 701, "; Cal Rptr 767: Peoples Gas Licht & Cole Co. v CLicacu. 411 111 .157. 109 XE2d 777: Edce �., v Brice, 253 Iowa 7:0, 113 XN2d 753: Shrcceport v Kansas City. S. & 0. R. Co. 161 La 771, 120 Su 290. 62 AM 1512; State ee mi. State Ifichway Gim. v Grants, 66 N.t 355,343 N''d 27.1. S. New Orleans G.islit:ht Co. v Drainace • Commission. 197 CS 453. 49 I. Ed 1131. 25 S Ct 471: Contra Grata Gunty v Ccrimil Contra Costa Sanitary Dist. 2:5 Cal Atilt :d 70I, 37 Cal Itutt 767; Sntitliern Ikll Tel. ;: Tel. Co. v St.ite (rla) 75 St. 2d 796: Ander. son v Fuller, 51 Fia 380. 41 S.t 6RI: Cbicaro, B. & Q. I:. Co. v Quincy. 1::6 111 561. 27 NE 192: Kirby v Cititeni R. G.. 48 Md 163: Detroit, Ft. W. & It. 1. R. Co. v lt.tilr..ad G•mr. 127 Alich'219. 86 X1t 1t12. stistamed 189 US 381, 17 1. Ed 860. 23 S CL i40; CnItiathus Gaslicht & C.+lr Co. v C..lunibns. 50 thin St bi. 33 XI: 292; Srr.tnton t;,s & Water Co. v Scranton. 211 1'a 386. r., A At; Mzwta (:ent. Tr1 Cn. v Shtp:nan Ginstr. (;-,. 49 SD 'd51. :1)7 N%v "! State v S-sibern Brit T.1 & Tel. Ca. 9t Tenn .,1,. -,19 S%V,d 90. rert tlrn :) US It)11. S 1. L'd 2d IA37. 79 S Ct 11'ri: Cranrer TA. 4. TO. C:... v Sl..ane tiros �u Hash 313, lb; P 102. 6. See 26 Am jut 2d. F.ittvi %-7 Dutssf•; li 237. The principle that unt••mpensatrif st lt- ntissinn is rrgatred of one la.tnt: pipes in t..r Public streets is n..t applit-A le to , ;,.1 rips ct.mpanv »nit h has acq!rtrrd pn.atc rasa Gents to lav its ptpriitie, end the I,nd rs i,:+r Mien f•sr Ltrus.a.s. Panh.u.ule F...stern I-.ne Cu. v State Mich»,s Coin J1 LJ 613. 79 1. Ed 1090. 55 S Ct 563. reh den 295 US 763, 79 L Ed 1709, 55 5 Ct 6: 2- 7. State v \Sarin Municipal eater Dist. 17 Cal 2d 699. 111 P2d 651; Northwestern Tel. F.rclt. Co. v Minneapolis. 81 Minn 140. 83 NW 527, R6 NW 69: County Ct. v White, 79 11' Va 475, 91 SE 350. S. %et. Orleans Gaslicht Co. v New Or- leans Drainace Cott. 197 US 453. 49 1. Ed 831. 23 S Ct 41 l : Contra Costa County v Central C..ntra Grata S..naary Dist. 223 Ca: \pp '=d 701. 37 Cal Rptr 767: Peoples Gas Licht & Coke Co, v Chica¢o. 413 111 457. 109 XE2,1 M. in Toronto Corp. v Consumers' Gas Co. (l:nO (19161 2 AC GIR (PC). it was hrld that isider a statute providinc that where land is expropriated by a mmncip.d corporation for its tiufposrs or is iuttirmusly affected by the exercite of its stattiiory pacers, eoinpen. sation is its iw made to ihr .saner, and dr• ftnmr the ..nrd *'land" as including a richr of uttrrest in, and .tn rasertirnt Dyer. laud. a itsunicipal corpwration is charceable with the ciairuse .•f 1,mrnnt: vas imams laid in its streets .irrasu•nrd by the cnnstrueti+m of a .rurr therein t+v it. 9. %ru Otleans Gaslicht G.. v Xr.. Orleans Dr.ititave C:.nn• 197 is M. 19 L F.d u.il. z5 S Ct 4,1; C,•luxtsbus G-tsltcht - t:.•kr C.... v C.•luinbtts. W (lbiu %t 65. ',3 NE M'. Seran. tnrt Gas ti batrr C... v Scrantos. 214 1'3 5116.t:{A8t. A munia ipal rurP•.ratum it not Itable. under in t/a/u la..•, for trtiury In rrs tttains I.tid m a Affect. where suett itit.ity txeessaril. t.•Ilat.s fr..nt thr fatrt.il c.•n.tnicts.rn by f1w curpnra- u.+n ..f .s srwcr its rt,e start P• tlt4ttd (.As k t:••le (;.. r Giebiseh, 1.4 Or es_. 165 P 1�J1. 'h "LL�'.iT���� a �fir� {��=• ., -••� • .. . r'.1 : Y TK is �..{•tr'�'1 ��..i... /! ry�',ti ;�i � �4'{ �• f.. '3 i•'+-'.}.•- J; f;,�lv .J.,`aC%i,'�-i�~�l,•tifr .Xl ter.!, IBC•-r.�'t+r NrJ•�-�' - .�-5��+�; •!h L.�•:r C 278 HIGHWAYS. STRELTS. AND BRIDGES 39Am jur?d tare. and annli.tttcrs of nuhlic srrvire rotn»anit•t that m1t• necessarily he rote,. is luthorized to access the cost of such work against the abuttin, owners.lo "" An interstate public service company niay, consistently with the Federal A Constitution, be required to bear the expense of relocating M structures and r. appliaricec made necessary by the improvement of the public way u A con- �- tention that the requirement that the company relocate its facilities at its own expense is discritninator• because of the fact that the Federal Government, - s - under le-Wative authority, hears the expense of relocation of railroad facilities •1rIw�. within the right of way of any federal-.tid high\vay, has been rejected 31 A Whether a municipal corporation which has granted 1 public service car- ' franchise. has been r poration a which acted upon and accepted by the erection "✓F-t''�e' � of expensive structures in the streets in accordance %vith the terms of the fran- ^ • chic, may, under its general police poarers, require the relocation of such ' - ��F•�'•.; : structures %hen in its opinion they interfere with the public safety, in such a . 111i7.s•. :�Y •�-e radical ntattner a4 LO necessitate the elevation OE railroad tracks s0 14 t0 avoid r+�ty rtrrri Cft7.4{tigc at tlradc or the placin- of wires underground, has been ques- +,,+: ry tioncd in sonte cases.14 In any event an ordinance of such a character not firundcd upon cxpress lc-isl.tti\e atithority will not be sustained bay the courts unless it is reasonable." Where the interfcrcnre with the public right results, not from the mere presil in the street of the appliances of a public service company, but from the tmnner or extent of their use, the rcmcel i. by the regulation of such use • ' •%'; yam">; rather than by the removal of such appliances.1G The grantee of a liceme or franchise to use a public way tuay. upon the IN: expiration of the grtnt, he- rrquirrd to rel front the %vay structures placed ,thrrein in connection faith •rich mc; • or such structures tnay be removed by r•,t . X. 10. Andrr..at v Iullrr. 5t 1'I.t Inn• 1t S., i5. fib XC 163: 11••ust.,n & T. R. Co. v #.:$I: Gr.tnr.•r T.•1.:c Tel. Cu. Sh-ste thus. DAI-ss.'94Ta•ts 643. v 96.II SIN 'its 11'tsb:i33. 1651' 111 Gettrrally is to the psurr a•f a munieitul • 1l. Sr1ro v Xt.rrin �tuui.i I,I 1tArrr Dian 17 curt -Ill uhh reearJ to rliminatwis of mow• '��- { • erode cmistngf. we KAILROAnst t 1st eft P *d 1 11 : t"IA.ir.In a• 1t1te. •� 11 'It• i Nell ti, :1 } Xt1 "97. +.r•.tl..n f.•r frl, s ~: ..arrtll.Xrt/t,i7.''11SX11.1t:;.lt.,tr••Crel. r 10. C'l.i..t.:., s• Pittfl,uft:. C. C. & St. L. R. State iln:ha.w t .ntt. v Grinta. ab NJ1 .i33, C•.. 'It Ill :a1. 91 \E i'::- X.•rihaestern -:• :t J' : i. a•1. Is ('.•, a• \I•r,nrlp.•Itt • al Mittn l:U, ems,. j 1{ ' 1 T }:a. - •••S `si- - 1... lure It. C... v P. !.G. t''.!.Iv C.-stars :5 �' i•%+ 1 .•i :'.•1, ni 1. IA 1::. 11 :1 ca !b). to. ISnalulell v Cl.icacn, 11. C Q. R. G+- t •i. e;?`- ':�. i'►l. In-' XL' 7n5. f �•� 13. 1.ntl. to 1:.•11 1.1 t 1'.-1 l .. v l .nu• . • =, i.. n...u..r.hN • 1Gt r :o., tit\':J 'eta. 17. Itanlrri Trust C,. v Rime. 258 US }�• ti �" \s t.• S/Avtn•-..t ••f tlm eat env .•t ►rbaabne U.I. roi L Cd iti:. P: 5 Ct Siti h.•IdtnC thlt .•t i..•r.il. unto. .. ,•.-,Ines undre • Hanna nlaltty cannot be cmrnnn rd trv,re- + %•' h fitr».,v .\at• ere ; I:i. •{rstrrne the retnavll tr„m the streets of the saseem .•f a asatenaurl•s a.ntnlm• a.hrrtt Fran - it `'$� �. htae h+s evicred' • Detmrt Crated R. Co. tr •-yi-a ;� i- t t. t7:i.A.... It .L' tt It C v xvbrl.u• D. tr••n. :'q I. l )9. 57 1. Ed lu;6. 33 S Ct •�•� = tiv L's I..: "L'. !:. 5 l;t ,fi. %r% sillt;Aslrcftt Co. a 111m 4.) C. C. �t. L K. G.. 1r \,.n is i, i S./ :15. bt-ste soft rel htci►it• •' ..�•• .:•! . 71 Xi: i:-. S:Ate r♦ As L.due• :fits; v \t„vun Cni•nn s:.•. 137 5to i53• .i: tit K. C... :t.J Ind `ro ats'_3 wj% .•.o .%LK 1!09.I Mt. Vernon .r•• •s t3b8 U •1 jur 2d inter. .: ip:tlitt ••rcraltt mental. .tion of Voider., -r• and 1 colt. a uu n "nmert. �.ciiitir• • e cnr. •rertinr: I stiff, •ucll ,• . atni.i 'Cr nr• cattr• :! fell:• .c•tt sty 1=41M : • 39 •ern Jur "d f IIGI 111.ty.,j, Sl,rlit:II)cf: § tin the public innhoritt•,1' Thi% does not al"Miltt to an unctin•titutional irilleiir• "tent of contractual obl...16011%.0 I]r drplitr. tilt' ;tauter of its properi %vitt,• out title process of Lta': UI tuur•c. fit(- granter or liccna:c. he tirtur of tilt ottnrrship ()f such structure:-1 ha% tilt- right to resolve thrill.' �279. -Trees :slid shnihs. At abutting lalltlowiter'stotivr.hip of ticcs and �luuh: grrnyin, ttithin tilt' confines of a right of lay, or his It:;ht to maintain them thcrcin.• is suhje.r to the paramount ri�,ht ti the public to the tl%c of the strrcm re,ardiess of the ownership of the fee.'and he is devilled to ll.tt•e planted them with file ( understanding (hat filet can amain only so lo"% as the space occupied by then, `j is not required for public Ilse, it Ill+ I,e•cu held that if the fcc it in the publi: . t any right granted to the abutti"; oytncr to maintain tiler" there is a inert' permissit a right or license which cannot ghv r6c: to 'any tested right and ilia t 1 be revoked at any tilde withotit li.11tiii1 to hint? Rc,ardicxs of oho owns tt:c fee. the public authorities may remo a trees growitiq in a street or highway, ` of order their resriotal, tyherc public necessity reasonably rcquires it! So, in I the absence of any statutory restriction•' the public auttlaritics may cut thrift +v Berman, 100 Ohio 4t I. I25 NF, I IG:OkIs• held that sul,ieetinc a street rsilitav e.nnp.mv litims A. Co. v Guthrie 175 "It U , 18. ai�.I.d t Annotation: 112 ALR 635, Subiectinq a street railuav ctas+panv uh,se frrnciuses hale expired to the clu,ice of ac• « punt' an inadcqu.sir price fur its propene, or of ceatinr to operate in the city ttrrcts aml .�. rannvin+t its property therelusm, dues not take properev ulthout due pt.ri•css cot law, ''here the fits Ila% the rirht to rrqulre such t cessation and trrruwal, anJ uhrre Ito purchase • an lie effected u'iJuust appnnal !ev file elty electors .Smith t• K,sllsas City Title it Co.:S5 L:S Lau. 65 L Ed 577. 41 S Ct 243. There is nntlsinc in rise Federal C,,nstitts• Lion which tn.1krs tilt ent,.rcestscnt by a st.1tr enutt r,t s decree of tire Fedrral Strpretite Curt ttdt in full force and rtrect, th:,t cer• tan street railuat• ffarrellitet have cspired, slid tl:at the inuoiripthiv mar require fire rr- sroval of the tracks trsan for struts, a depri• of pfnperty withnitt title I,l.•f cis .d 1•'. Defrost United It, t.S., t I)ru,•tr. 355 LS 171. 65 L Ed 5W. 41 S Ct ':.'15. 18. New ntlrens Ratliel/t C., v If.ert 1.3 Ann fll- 4 St, J1;, h•.h(tne film rt rn d a rublrr settler c„rpnrsann his L,ut.silt f•felted its strueturet in rile streets wile" its arrt,rse het rtpned site wis.turns nlav lie le-ed by the nsuntetpshty. 19. Iiesr..it !.•I+tted K. C.r. v Urtr•.It. _r;i Us 171. MP Ld SM. 41 S r..t ::: i I s• rr.sf Listed It, C.. v nrfrult.:29 1.1 m. ;, 1, I'd 10"G, f3 S t:t i,91: Clrsrlsnd v Cnel.nd. )t C'S l Hr. -,I I. F.J :'•'1 S Cr -5 SLOW rx tel 1t. K,ttt,. ► ALit 5P• Drtr,.tt United R C. v fyeenas, 25 i 1►,, L:S171,6;LEdS14.41 sCt:45.ft%as ,yY3 uhnse franrhaes Ilate ezpsred in the altera •. tine rd aeceplinc an inadegll,lte twice fist tt- pn,perty ur of ccasintr to operate in Ilse fit. street*. told renun•inS its pr.sprrty 111cre""In. discs toot t.lkr propertt• withnas due psucest t•i lase, svherr the city 11,14 fire riefit ter re•:•,trr stleh restation and remetssl, and ton pi tcf,js.• ran Ile effected uithout apphrv,d by the env electors. 1, ; 227. supra. 2. Asher t• Iltstrlrinsnn tt',srer, Licht . P. C: 66 Kan 406. 71 P .:1 lilt MLrts ::. 7rr 3. 1611, supra. 4. i 237. supra. S, Soulhrra 14.11 Tel. Cot. v Franca. 1f7 N ::1, 19 N., 1: I(rnefn.•t..11 v W-1111all, .1! Kan : ii, till 1, 11:; Iln.na.n v .11lnen i'el C: 1. 6; Net, 111. !It %%V .Ill • tt'.•Ilrr t ♦St (: ,snsiek, i2 NJL 17u, 19 .% 114)1. A. W's.lil-till • ltidttlrfnun. of Conn 41i, tfl•I ,1 • In; lt.,innrr s 11•srnl...lt:t t:• lusty, .: i Fuzes t 1'••r, gift \it' 6t.. If,, 1t It :'n; �f,.b•r v I)rtrt•it, 1'.:..►. x It, Cu. I:i slirh 1:I. ,11 NW ;9. 7, lt.,hiuuns t SIMLAne. 4G !• lul. A, lSimm�eh.ns • (:oars 201 AIa iir . M �•• •9 i, 1'.u.ls t {tent/. 79 KAn 118. 9,t 1, i7 lrrrtrh v Casu.y...bt, I:i Jli,Is 147, di Ott il. 9. '! l.r •n•«su.,n ahrthrr the sums".• of trees sl.rnutmC .iwon file Ir.ultd.f,et .•I a In:A• ...1v is an ,nitir.relfwnt .I It.« "rill et tar ,Ir nfnnc ..user t. nut arlerott L. • sl.t Ste d, limit usrA hwrissav dr.stt.ve coirscis uilieh I.•rinus the lut4ne 64 UrrS N rsine as wnanscrit 669 .:.s' v�•rj 'i.•jAeer+' �►t�fr.+w-. ,:.i ..i% •vn•v,rsorOs w. - -..a... .,.vr.A ,.:.ra,:k•_�%.r�:__..�.- .A!�'`�3M►>tit!;.:3a�ilt•L 1_•s.,iJ":lb.:•+ 225 111(oll AYS. STILErTS, ANI7 RRIDGM 39 Am jur 2d 225. Cunsinictiun and clTect elf grant. -ja .1 title, ever rant in derewitinn of tier ri ftt r+f the rt1}rlir to sloe tier of tier-trrt•te will lie rrm,trfu•rf-.tru•tl%' af'aintt the, grantee and in favor of flit- flnlrlir et All the intOldifirnts frfutt In,,!icalh' be favorable, rather than advent. to the public. Plain words and plain sentencs:1 must and will be given thcir plain mrattitm; belt if there is Ianquage egtlallt' capable of two constructiosvi. that construction which safc'wards the public interest Seth• stantially nni+t be giten preference over that construction which secures only an in,ignificant or unsubstantial advantage to the public." The principle that such Grants are to be construed in favor of the public does not mean, how'cvcr. that an offer of a grant made IN tile, public is not to receive a fair and reasonable interpretation, nor does that principle justify the withholding, after the acceptance of the grant. of that which it sati%faetorily appears the gralit was intended to eon%cy," The Grant is not to be desticsyed by any unrcasoa.tble or narrow interpretation." In the absence of some controllin¢ rule of law, the court. in construing a franchise granted b%l a nluslicipality, will follow the contemporaneous con- struction pLir_ed on the franchise by the lc-islati%•e body of the municipality.tl chile at a time when the plans and oreanira• Permits far the construction by abutting tion of the association were not persected. owners of vaults under sidewalks will be flit- court in a inindarnus Aeti.m shoald re- strictly ronstnsed, and a vested property rich$ f:fure that tile, franrhne he tefrind,•d and in such %Auits of which the owners would should rnnAnd file nratter to the, heard for a lie drpnted without due process of taw if they new ht•arine lit deterinfife whether fig► flan- were required to pay rental ennformably to ehisc ih,ndd i c granted sit rife event that cep• the provisit.ns of A statute, will not be deemed plirasstrss dsetrG,r is renewed. to pass by implication. Unless a permanent it- Detroit U91ife,l R. C•1 s• Stirhiean, ?42 rtrht iss rise %stress is ufsequiwrcaliv Granted, [ S 2'l 3. f. GI1JS , I'd ZGR, 31 Cs Rl: Souebrrn such prnutis will he ree arded as mete licenses. lt'isra tGO, v SLuii21n US •f57, snbseCt fee rrvoratsnn At any time, wiltsirt the di tit) L FA 739, 36 S C't im). Little R„r4 It. s.•rnton f•( the Dittnrt. District of Cnhsrn• et l Jrrrrir Cn, v 1)awrll. Jilt AA 223. 1.12 hia y R 1'. Andrews P.uter Co. 256 US 582. Sly 16is ile itesswll. IW; Cal tittle, 126 1' R7rr, 611. I:d 11t1.1, II Set 515. rrsd an other rer.antds 211 US 191. 5r. 1. Ed Xa rirrst to isle or appropriate for Wharf - 'it:', 11 S Cc S11 Ant+43 v F:l.us. A. It S. Ace Puris.,ws a rats street off an esfension "1'rArfi.m G. '2127 tit .6..31 Si; i11: Wroerst filar-d proterted by flit. ronfraet etsose of P.usne rc %rsppfv Co. v C'itirrni Street It. C.., site i•rdefAl C.,nsnuni••a (roan impAirsnrnf by 'Oil filet S:a, 74 %1. 1-13, ^3 `r 811: Itutsrll Ir,:islAeitr th.snrr tot the erade of site street. v KentwAv I''tilsts••s C...'-Ill Kv 1I'!n, '22 Sly can fee GAthrred from tresnieripal Scents to !d 'B9, fit; ALit 12:8, flenr.tn Mist r v the itwnrrs n( Property (ranting ..n epposise Ltrhf C'... 250 Stirh MS. sidrs of tier street at she f1c)tt tit construct : t1 NSV i2. 111 AIR 111. Unlliti+ v Miluili wharset in A firer, fro And its front of such Start It C.• 117 Slims !:a.. liil %%V 659, to ,r,. rev, trten7ffG to file Common retuned ,1LR Sul: StAfr r.r I.A. I.Arlrs(r t:...Arbt Go. rh.•Iineht o. reeul.fir file Patsaserwats along y Stnrt.h. 1.0 Mo Ill, 'it SW :)'+f, .slid In) I'S ;^., i! I, Cd '+ii, in S Cs A15 tier start And Any P.ttt to !Le whsrtrs sse• Llfu. it-. 1': trru.n r:•. % C Ll"111A, 1. A tt It, tendon• flu a•rn "as A f+Art e( %Aid tiUS And C., Irta We 151. 1::; Xw' loses, 28 AL[t ndrwI'd II Z.6S I 1',•rt1AnJ, 200 US 1�i1. rn,r1. tifAm e% rr) f tsar, .it- U,tf.t v WAtrt I'd {1S, .e; 5 t'e J; f. 19 MI •i,. 1;,) 1, IWO) 11r.•o lsn 12. ae.srr rs rr1. SbI,.Aukre t S1df.Auitrr II.Sells$ It C.t, v swers, :i t NV ;o. i't't Nr VI.•rtnr It k !eight V... $x leis Sat, Il9 119 Fiffis U.• C'..A.n C.. t Nr% Yost, 01 �l%• I,� X1'19.,011;'-1"arfd::It.s11.7,SSLI'd h1 i. 91 S C't ;/'t. 1:At+ (d 1.. C:n tree. v Arran. 13, lionn lioness v SrbA.0ls. :Ss S 195, 56 81 t)lou +t I I• ITS%1: 1•s. X•.rt.•il 4 1' I'rsc• L i:d vIJ. 1 5 Ct 51;. ft.91 C. v \rest,•!!. 1:, %A 18.9• ;7t St; 5:5: ��atrtr v %%.•.tern i'm, is r, I t; . !1 UAth 14. III. -or v C!,tcjx,,, -'A US M. 511 L Ed 151 JIM .'s9 tt..:tt .n or 5.,utnrrn .:M. .q � is It; s.,wr•nnn R C. " J Sry %tit i!- i it, X%% V'!. f•t .!left +1 •, ,:id :[') I . IS7, ire t. Lit :'9, 1S. %L#;,itr♦ v SrAit'e Eleetrsc Co 61 WAsi; 34 S C:: I••). 606 �,'_�iN11 �t:ti�MQ}.�h�Si/�a`�'Ty[�•Mi�i!at•`,�r�.:r�`i:nLri ,is jur 241 •tiblic to and its satiser and will c ni two 'eft 14111- .res oniy j rinciplc at ntcall. -ve a fair isituleiins• .scars ti►e t by any --truing a MIS con- .: ipality!s w abtsstinr, As will be Posy riche ,fiefs tsntild ' Ijw if they :ormably to • be deemed permanent Its, granted, ere liana, witlsin trig s r.f CiUlYltt- (.sr wharf- •n •stenstnn , t tlawte of lrartinem toy I she street, .l rranis to „n rppntste -A cnntrrwct rru$ rf swell •non enum it -w'Fv4 s1,1110 V.frse$ ri- 'If"t ♦1,s1 .0 US 1 t%). 30 Aus Jur ^_rl 11101111'A", S7'itCi;"I'S, .1'N1) iiRII)rf:S § 226 if there it :utv conflitt brtt♦wers .111 ordinance grantin^ a %trcet franchise and the gcrleral 1.1144 of the st.ste. tier, latter udl t;oytrl►.ls A grant I+% the lc•g;i,imure or a f►sut►icip.114%, tip a public 4rr%itc corporation of a n;ctit to use the mrrets nr lsi:;huac. i< sftercly a errant of a ri',ht as %'taunt file public as fmilt priv.sty ri',lus. and neither disc%ts any private right not illnifies atn' invasion thereof,'' Such erases are also subiect to the condition, itssplie•d if licit r%ptc:4-vt, that the erantce uill not tslateri.,ll} inter- fere with ant• other lat♦ftsl u,c of the t►i;;hs►ay.Is g 226, -- Strects or ways to %lticl► grant exteut6. tit detcrtailtiss, the street► or uat♦ to utsich a grant of the ritllt to make a speci.11 use thereof eatelld♦, the ;rant it,elf +hurt ccnitrol." and %litre it names or specifics the streets or ua)s embraced in the granted priyiScee. other street% os ways arc: ttcecss.►rilV cxclucled.JO The grant does not limit the right to %hat are properly callcil streets %here it authoruxs the use of any "street or higliway, "I A grant in t;eaeral tersus of atithoril} to occapv tits streets of a municipality with the facilities or structures of a public utility company for the purpose of sttppl.1ne its products or tervices to the local ini►abitants has been held to extend stet anly to the streets cxi,tim; at tite titssc of the graist, but also to those sub-cqt:cntly opened," It i< not ncccssary to apply for a new grant ahcnever a iscw street is opt•nctl or an old one extended. and a subsequent ordinance in such raze requirin; tilt: Confetst of the municipal authorities before putting; Utility lines in nc♦v ♦trect% is an ul►constitutional impairment of the contract svith the cnrsipanO Situilarly. it leas been firld tit. -It a general franrhi•c '.ranting the right to use tits streets of a ttitulicipatity extends to territory sllb,cquctttly annexed It) rise municipality, tin the ground that when new territory is brgulght into a city. '�c•ncr:d ordsnas)c•c% of the city inin►ediatcly control the new as %ell as the nlct territory, acid do not rc•cluire rxpres3 lc^,i♦1,►tiyt:.tctiost to give theta surh a il►licatirill4 11•ltcre a cusnp:tily has .1 fran.l►i•c to pro%itic public sttilit• `csviry in an area +UI)tetlurtitl}' sittletitrd tfy :utnthrr pnittic.►1 •ub.liti:ion, it h.ts Bern ltrld that it cattuot I)e cotnpt•ile(I to •cestre a fr:uu isi:c front the Litter to provide 16• f,s Anrrtwt lt. 1;,. v Los Anrelvs, 152 f'l, 92 1' i Js). 17, r:tstwei ♦' N,•rfflrfes ('"rlif,•fni.t tl + rr Q). 14 r, (.tl 649, 11; 1' 'gent; Kim •+d s In• dssnM-'1» O.gtrr.rl(:.+(:.,, !11 Irul ills 'f ':1: it •e, L.,u+rn ♦ l ioc.tv, St P. M. t. e)• PM11t "1 :. l:d,ir (•,. b: Sii.s l' 1 4 < , . to; Yrnns♦ss'ntt k. Cn. v.tnvrl, it xJ f.q :if.. J A 1'.' 14r••a.ts v %Wlglll, 1":reuse Go 1 , %C' i:I, fd !A" f•-, I)•ovn.tu v 11 Xlf ."�. '.,1 Ott iiS. 1/.sty a 5tttr. 51 Nf. 'Itt. 11a}s•ry v 1.s•uf, :6 t)i.i•r 'i, 1019 1' Jt: Kifry s (:,:urns Tel C, cif "Gt '+i SiY t; I•rry • i n►i• rr,md. `•i Ia ::i, af: i:'I Fr:rv,t v ttitc,muu rel. ('., :Al. /s, `.,,. V. fir rs rr) tirw 1" It i.;,rffse I„ors (. ♦ ""tiff. t t i t . % t: 4 1, 1 ' •.. 73 NJ', ""q, ;r, AI •!.1.}.errs v 1' s.-♦Iti• y Pi",XI'a.f3,60A'i6, to. Switif•,rd v est.ind.•td iL•fse It. Co. 56 Conn ;1, 0 A 119. Pvnstsik,11%i R, Co, v r:rvenaLurv, J.:: to, Street It. Gu• 06 its i i,i, .i) ,% 1::. 20. Kt.ina.•rsi vSt.nd.,rd lL•fa It. Gt. 56 Cuml t'11, I', A i 19. 1. !'•nn..A.fnt.t R. ('•• v tkrendntttt, J• t. 1' Str.rt It C.,. l:t, P•s 559. '5 A I:t. 2, 1Su.ut1 • Srha.tsan, S3i 1'S t9t. 5:1 L Fel ages t1 K Ct .147. ';'411r Lichtosq Co- r S,.N1r, it N.a11 9. 1')-' to i6%. 3. liwsv►i v Srlsts,n, ,,3 US 195. 53 L tad 9 s t.:1 5 Ca 51 J- {, ttrs•rrr, 4;JS ('• ♦ ftrrn:rrt••n, :I 1/"asb :d ' . tSi Pad , o, S,.fil, L•dttrtng G. v ♦•,fti, 5i it t.h'!, 1,'' PTV. 607 • ;f • ..,',y ,�. � `: tip« '=:j• •Y• •I, ..•..r„-,w;...•,s+:rn.••;.,.ve»�r►tr'..Lr.�•:.n;.;,♦.�*.. -rrr�!�'.W�,t•:,.,,,.•,n,..... •� V��+ Y • 7.2•I .r•:' •' r�• � lti�, M^ � •r H' • t••'.� L . �1r� ','t 1t1'ij1�.%'%'�' ,, .� � A� • �rt 1•,♦.V�• Vr it �, •� ' • It yip• � t was `�� n § 227 fflGitl�':11'S, STRE.E.1:S, AND DRIDGCS .0 i, 39Arn Jur 2d ,p? �` j,• f ^� `� ,nth .crtires,l .11thuu4h it is subject to the lafter's control and reg"lation in the exercise of the police p0wer,4 : • • § 22r • — Qwlt,-milill of Stl'I1Cttll l5, 1'11c structures placrd ill Ilse street ill,(' a franchise or license, although attached to the ~oils remain l pt ;;rt * personai ro rty and belong t the grantee or licensee? 'I'I1ey caullot be lat♦fully by =: tied another person or corporation %ithmit compensation w their o%vner. A municipal IN � the corporation does not, tit gent of a leant hi%c to a � ''► {u• • f p►11,1ic Service company, become the owner of the tangible; prctpctty used in operating s the ;rant rx nor, ��, I unlesi; r in protidrs, does it becornc sucfl Owner f of the frartctlisc.10 ! isc.1 termination 223. Cr••ult (►f corlll,(•tiltg toe. .• 1r Tile mere grant to a public service corllpany of the riGht to use the seets has been held to lca%e tile municipality tre tl ot freto grant similar privileges to her companies at any tinie,tr lfowrtcr. :1 a slid exclusive lic sect ice company of the ri;ht to "take special use "precludes tithe z, of the steegrant s$ subrrgticnt granting of a Similar frallclike to another company to build and ' 5, PrnPle ex rel. Rot kwell v Chic•aro Tel, constructed in and order the sidewalk with _ti Ill 121, 91 L: 1065. Itrttpnrt v file Perinosi"n of Ilse MLla,,•ltiml• 139 Met tits, :..�ry..` luulliciprhty is in itself fif) 5H' 77, Pl,blir- a sperirs of Pn+llerty, and the owner of the S/ rvicr Corp, v t eliftcicl, i f) - A :1:;, 1 > •1 ' 95, 34 ahuuttt• : . ti Pnine►ly nlav Protect it altainst tes• is Sr1c Lake pasicrt A culpi'rati^l+ nrrrnimd to drvel^p a tract City t♦• Srhul ( Y7�►s �`Es• ���• tf►i!'w• a 'e rCh'IthrrProperly.. rt lidrnnt 1011 Clap 66, 159 P2d f Ptupetty I1,11 stills ft tile limits 1 {9, lft0 ,r I•R ttg9. •� r rnunulpal rnr rnr.ui,et. uhirb. having no t iS= tr L� I era to enrai f• m the boon,•"" mt sutglA•. Dot we Prnvidrnre C•is C.. v Thurber. 2 inv gas, bas :uttln,rny a) r onit.irt bar tit 15. lihrrrin It was held this w/ • ,••��•sv •rl� rat {: a supply a grant made •'f •cis Inr its PaerNns, :md erects iuN, ;1 eon• t" r ers rnnlpany. under a charter that It hart oltM a gas n•prrlist,' rt'ulp•Ilry to tupp!♦ such at the writ .f the 4rislrni7r, of a pact•.ns thr-'sigh minis I.sid by n' ht tm Icy m tt, cartrN't, d wst ';as ropes tit • * tale public o lu rr the (re r. strrrrs, rnnatirures an rau•tnrnt sir inearp+cell f the street is its .rinnr7nt: nail, Ives, iud it sr•rnres ht•rrditiulrnt, f i �j Qj� /`+ri; tr nussi.0 Ns I.w its florin" inel t d the pipes Iiid Simon by vir- fimtrr tits: rl,llllly Jllll.. tit• , Isle .1 lllrll ';7.1 tat .Ile n,tnfrt. t Igo r„ -fit uqu4h d, ahyn fate Irfritnty in •`7•r t' `�%' a ?•►r allith .firs if -Oct is In. r.trrd t" inrtrr tmrihd. t. w•rosr ./ pu111ir srrv, , A' ('iliirni Iar. trig Licht k P. C•1. v Sands. serene .8, ssidiri it,• pinrhi,e by q'r Ji �1irh lit. K fr• "f� utit aril , .ii Vb r32 C.•tnntstrtttealtic r.mp•'1 it tit sci t dv ill .i , Ilirints is r rmntli• rx rrl I lliLulelphi,r. li. T. 5tirrt It. C.+. ts.,n In pntn'n/ v ll • s• .� ' Perssutl/oll ns to .111, :'1 t Pr ,117, b3 A 741. snr,•t r. rep s , lien the na (:h' 1I•anrs t •• t (;l.srrtlile, 112 v t), ti'..•d ♦• sesttle. :1 N'ash 1, ti2 P 135. ;11 1 .11i 11 ,, SO.' ti,t i t:. Not ;1 Ilut r; �f+, ,re 11•'ters'•ss s 1'.,rarns II. n'► Nr.t► 016, t it I.as l:.t. fU. 1 2ai, infra. I 1 t 1 "{ kl, uherefit Y i�iY it s"as srhl 111rt .t .."fifty ftituhi,r t.. „p,•tstr r 11. I/m1.16 firry (S. user• I.n►miv to 1.•Irrl••ly 1'f• Y isrrE far. • }'• .s".►% ..l.,tv n, t• ". ors, N Nt J t oty . 1 tl an• 1 okra'' l'ti 1 Sri. I. I:d It 't). SJ Il.r he's anh flu• ietu•tiu•.n, .teal ,•i (a is"1:.,. '^► 77 1„ 5.1 1 �'in,rntles r: v CowrnC t:a"Ifelst C.). ••L••fiM Nn11f Ilrrh'.tllr !..• t tit 1,• Atm•11..1.1.• r., the 1.dl .•1 Ilmr, itv ,.� Ind 111, l;rmurtr u ,_:,, is. ru' 1 rfs.nu.•s Ind ! : i. 13 X 1: 91 "• 4 ♦: A tune avrerflivill Icy a tnittiirip.tl rnrp•,ra- %1.111«.11.uld, IS u'.rs fi.t r. rauu env riehtt et protects 9 �1u Iai. /.Q ahit a"11 inipisr _-- .f ttesfr.v tl.•..r rnntetrrd Iw $t o"Minrtmr ttsytllG a frtlJM t..fru,f.tth.n 'lie K s 7. IJUn1r .f i letter in i I,I vI1N iv I,v ,t 1t1'1Nm►qrn 1. uPel rlr a street f.illary 1sstHn Atryt.11ist 4-4 lefs $ii•fit itl,lertrlrrer r.Mf111t'tJnll ,•I�y rlli•e fl:,. .Ivan tarot./' ♦ l,• fit/t..r{'1•I it lht•rs. it tfthan riollf ••(.'..r s rttn,nuv fit• (;,,Lae ,inert It t'.. s ('.utrnt �rrr•t K Cr. ;1 erlrt 1„M'♦ tN •t 1.11 rat'• (1.ere••, /,,is l Ci Ind .1r9, :1 .- s al/ �s •!f :l9K •,:�;: Net Jv t..•. ♦ 11il.imf. i t Tell ILIY t r1lit 12. 1s t.. She _ siillt, t,.il :.,...rr u/ runt rarl.tsise prisi- r�,Yfl, .f 1,JtfiQfMiv Irres in the ►treet$. fee j:tj• supts. 6O8 ,1011 r ,..►..� « .mot! : �• .•. .���1+;1'••�>•t!.�:: ��+i::f'; T fur '_'d :ii.ttion :thou;h .:Stec or :-oration •cs not, :nte the unless -illation .Sc street% :Icges to a public :odes the itild and ••%vafk with is in itself nee of the :caiast let - Salt Lake i, 159 P2d Tluirber. 2 :cram made rter that is :+lure, of a the public incotpreal :awn by Vir- c;.s, v Sands. •rlmunwealtit •*het R. Co, . r,2 P 135. .t lnrthern t o.ouieht C , •r v Sultsvar. cal cnttv,r..• ..r ynstl.rr. ••e c..nrern.: , corp•.tatn•.t ,l:raV iutm rear•• froian,or •.:• trees R. C• E 03. .tlusist P:" . A.M. It 39 Ali' Jtir 2d HIGHWAYS, STIME. •S. AND 11P.IDGES § 229 operate a competing lint: :dung the streets ahi(h arc inrlt d in the first fr.tnt him!-O j 229. Duration at grant. The nature of the riclit acquited by the ;rant of the n�c of streets for special purposes. with respect to its duration. is to be deternlinecf by the 1all,uage Of the grant and the c�tcnt of the interest which Cite crantor had authority to cottt'cs:is Coll.titution;lit or statutory provisions may limit the terns for which a franclti>c of this cictrat•ter may hie granted 1' as where they forbid the grant for a period bcvond a •tatctl number of years sc Subject to any limitations which tray be imposed by constitution, statute, or policy of the state, the tnunicipalit% or other buds has authority to determine the der. tion cif cite .rant and to fix site period of its enjoyrtiecrt.tt Whether or not the grant sh;tll be for a short or a long tern: is a shatter that rests in its discretion and in its judgment as to what will best subscrvc the public interests." Sonic latitude of tittle is essential to the value and stability of the investment to be made. but an unduly long period might preclude municipal action when chancing cottditiolls and growing population demanded it in the public interest" In the absence of sonic constitutional or statutory provision to that effect. a Grant to a public service company of the privilege of using the streets need - not be limited to the corporate life of the parties SO Tlic franchise ma} sur- vive the dissolution of the grantcc corporation' resulting front the repeal of its charter pursuant to a right of repeat reserved by the legislature' or from a sale on foreclosure' Such a grant does not, however' extend beyond the corporate existence of the municipal's} from which it is obtained. there it is not made for a dcfttiitc term 13. ninnincitani & P. %%. Street R. Co. V v Minneapolis Street R. Co, 215 US 417. 54 Sirmisrehatn Street R. Co. 79 Ala 163. CiacensSStrru R. Co- S Cc I1ri L•S'368, 46 Detroit t4. Cleveland Electric R. Co. v Cleveland. 59j. 22 S Cc 410; People v O'8nen, III XY 201 US 116. 51 L Ed 199. 27 S Ct 202; 1, 18 N£ 692. Pa,ple v O'tlrirn, 111 NY 1, is xi: 69:• Anrrrtrrttirrttt 71 ALR Ill. 15. Wrtver V XPW Park Trust Cai. 229 US In nowit Citizen Street R. Co, v f)e• 123, 57 L Ed Ilnt. 33 S t% 637; Citieaen trust ((:.%61 64 IF 6:8. it t.as itcld that the General It. Gil v Chicavo, In III 23 +. 5: %Z lw,s.e f of a city to .;rant an easement for ago. a street rasiw•ay to a rnlltl)'ny •Ind its asstt;ns 16. Chicaen Cenetai R. Cu. v Chicas o, tog a term I.sn,trr than that at tlse contparl colt. -SAW erssreuce is 'sot restricted bs• nnpli• supra (20 VC310. catn.rl an account of a constitutional litnsta- 17, nurr v C.duntb,ts, 2l7 Us 411. fi'I L's.d eons of rite lite of cotparatrons except tlttne Gig. 39 S Ct 351; C..l.,,o.lnss it. 1'owo r L fill, rtsatstsstsal p,sll~s or for the construe• l.itliot Cn. v (:.dutntius.:'i's t:5 "ih9, ria 1. F.d nnnatcauntrnids•.ss. lslato 1•t: TIL soloist. pPrehcndcd Itr m fri1, 49 S Ct Sih, a .�l.lt Inc::; ISlau I-";s:rauts..f the Lind. Chtcaeo, !1t US 011). 5o L Ed . -to S Ct 457. Prople v Q'nn.•tt, 111 1Y I. 13 1. lima.n v lint Line R. Corp. 263 US 1E GW, fl•nrstnn v ll••ust.m 4l Stgcrs R. I.d it+!1. 45 S Ct 534; People v Co. 83 Tea Sits, 19 Sly 1_i. U'lirittt. 111 NY I. 18 \C 692. 118. Uetrsit Citirrn Street R. Co. v Dr. Z. j'r„plc IL O'Brien, "Pr a' (C.1,61 64 f 421t. 19. illasr s Chicago. 201 US 1c)0, 5u L Ed 3li.snt•.n v licit Line R. Corp. 268 US 801.26SCt427. 45.V)LLd IO.W.4iSCt534. 20. Gr,.reta P••,.rr C•, v IN'tatur, 211 VS 4. lllair s Chs.ato. _91 t:S 300. 50 L Ed S:S, -4 L L4 599. 5u S Ct 'WJ �tu,reai•.,iss t.nl, a. S Ct i_7. 609 139 Am Jut -A N ••i •r § 230 HIGIi%%AYS, STI:EETS, AND BRIDGES 39 Am Jur 2d Where the c-rant of the right to ttsc the: streets is ►nade for a definite term, the ri-lit of use ordinarily cea>es %vith the expiration of the term of the grant $ There is. however, authority to the clfcct that where the occupation of the hi.hwav by a public utility is essential to the rendition of its services, its right of occupation continues so long as it is under a public duty to furnish such services. not%vithstanding the formal term of its franchise may ha%•e expired.' %%'here the utility company continues its occupancy and operations after the expiration of the term of its franchise, it has in sonic instances been treated as occupying the status of a tenant by sufferance.' j 230..- Pcrutancnt or perpetual grants. Except as restrained by the fundamental la%y, statute. or policy of the state, the body vested with the power to authorize the use of streets for special purposes may stake the grant permanent or perpetual.' A municipality can- not grant a street franchi_c in perpetuity yyhere its charter expressly prohibits such a grant or Iimits the period for which the franchise may be granted' If the le -Nature is prohibited by the constitution from making such irrevocable grant, in no circumstances can it be done by a municipality, which is a mere agency of the state, exercising derivative pottcrs.10 Assuming the power of the public authority to grant a street franchise in perpetuity, the rule supported by most courts is that a street franchise silent as to the tcain of its duration, whether granted to an individual or corpora- tion, is one in perpetuity %%here the ;rant runs to successors and assigns and is capable of aur%'iyin; the life of the grantee." However, there is other S. Bartkers Trust Co. v Rat.%st. 258 US 328, 66 I. Ed 612. 12 S Ct 310: State ex rel. Nlc• Kittrtck v Missmid Utilities Co. 339 Jtu 385, Sri Stt'2d 607. 106 ALIt 111119. Anuutntiwu 112 ALR 626. A %trees franchise madr to terminate with the ccttit to the train line is to be measured by rite grant is it then emsm Jnd flat by Inv subw(juvi t extrnsswn .•I the refits wltich tray 1.r crana•d. t:Ir%rl.ntd F.Ieesric It. G.. v Ch-%rl.rtid. -1) I LS 116. 31 1, Ed 399, 27 S Ct 202. A raila.ty runspanv ulime franclli+e to use rite streets 11.14 expired ur I•r•rn teHnntJtrd auluism ran exsessavd franclaw us tale streets by a dav•t.•.d.%v .iramrrnrrnt lit wltirh Con- ti+utrd op.•r.rru.n is ln•trnutrd. %shele it is s•x- pa•ssly ps.vti%d 11.J1 the tirriwits eranted tray lw rnwiwit Jsid th.st tcts.•n under rile fiat .wrerfaeflf •h.•ubl 11w1 +•.rot- the %%cuts of •-itleet (salty t1••twit Untwd It. C... v D) Isms.:3S 1'1 171. 0 1. I'd i:•1, 1t 1 Ct 235. %% t•, t1.r 6st.srt• st Jnd tertwuutwis .d fran• thtses w.•tses.ul., ;er Jn A..I 1..r :d, l:nw- tattss.s ii It rt •eq G. I.w..s Ctt% v 1•.aa Cit% Loehr i P. C.). t:.l:tt !lit F:tl ti, 1•I:,: Miller v I[t;f.•rd. 2''i 1.06.4 ;31, ::ts \%% lt'6. 111 ALK li.J -1:.-liisfie that r•.e list- or oreu• panty t.t streets : V its r.:tt7lrJl r••ttipJnv hJtme a ♦Jnd r.•ntract won ., r•iuns.rs+nty to taut trt .Ht-t•t• yv rs it I ..•fltttt•ate J Iit•s. pets .•r nussJnte. t-sen th..u:n the c••ItIpatty s tranciJse his rxrvfed.. Annolistion: I I: ALR 615. 610 Equity will not enjoin at the snit of a city tire use uI eas mains which the gas company has tine riclit to maintain in the city streets for conductuts; gas for use in a neighboring municipality. because its franchise to make such use of its mains has expired. %where their reuuinucd use fur such pisrpaw is not shown to work an injury to the plaintiff. or to be atty additional burden an its streets. Benton It-sti-r v Nliclucan Fuel h Licht C % 250 Xti.ls 611. 231 Xbt' 52. 71 ALK 114. 7. D.-sr.-it Vnitrd R. Co. v Detroit. 235 US tit. 65 1. Ed 370, 41 S Ct 235: Denser v Denver tlii.•n Name Cw.. 246 CS I78. 62 I. Ed t.i9..13 S Ct 2178. Arsiss►tation: I I2 ALR 635. S. Gninewn v South C..sincton fi C. Street It. C:... . H. US t 13, 61, 1. Ed SO2. 39 S Ct i7ti, ! ALK 1099: tu..•usbttro v Cund•erlattd T.•1. 'Tel C:... :!0 VS 33. 57 L Ed 31 S to !+:tit: !)most Citluens Street It. C:.%. v Is.enmt tt:A0 64 F ti::i: People v Vetr.mt Cnn•d It. C... lit %Ii:h ti:;2. 97 X%V 1*6. Assnutatiun: 2 AM I lya. 9. ISIs lsko v Worster. 156 \Y 43'. 51 \E 301. Annotation: 2 ALR I119. 10. llrrffiinBllJnt & P St. Street R CO- Is Itirtunicstatn Sheet IL Ci. 79 Ala ion. It. C..sineum v S.•uth Cotincton i C. Street K r..• 's6 t'1 4I-;. 62 L Ed !;G:. 38 S Ct J;6.:.%LK 16l9, i1wensooro v C: artset• f 19Ans jeer Idl jur,d 39:%m jur 2d . HIGHWAYS, STRETTS, AND BRIDGES § 232 term, authority holdintt that the Brant of a street franchise %vithrait a tinic limit ;rants is not perpcui.il." particulaill uhcry the I,r:tnt is not made to thr grantee t of lite and his sttccc«ors and and partit ulariv where the pitblic. nutlinrity es, its has no power to make a prrpritial -rant." It has also liven held that since furnish special pri%ilc,cs arc to he ,trictl%• con,trucd,ta no street fr:uiclike granted a have by the state is ever cotistntcd to lie perpetual. ulictlicr it is in the nature -rations of a contract. or othetuise, unless it is so declared in clear terms, or by s been necemary implication.'a j 231. - Rcnr%-ai or extension tit grant. It is generally within the poia•er of the municipality or other body which ie state, has granted a street francitisc to extent! or renew such franchise:7 and till. special power tuay lie exercised prior to the expiration of the original gratit, nottl•ith- 1 ty can. standing the language of the statute rotiferrin- the authority is that "tile 'rollibit5 "' council may rc•nris ana such ,rant at its expiration.' The continued opera- ratlied•$ tiott of a public wrn•ice company is .t sulTtcicnt consideration for the exten- --vocable si0n of its francitisc" a mere Although an extension of a street franchise, like the initial grant. Should be accepted, no formal acceptance is necessary!" Mir acceptance of an nrdi- Aiise in nancc cxtendin: the franchise may tic prestimcd front the fact that the an►cnd- :,e silent meat is beneficial to the corporation. especially when it proceeds to issue orpora- bonds falling dtic a the expiration of the enlarged franchise.' i;ns and is other g 232. Crate as subject to police power. Special licenses and permits to occupy sheets or highways for uses other t of a city • compally titan those strictly pertainin-- to the primary object of tltcir establishment :uy streen are always subject to cite pulicc po%vcr; and this rule holds as to the sub- .eishboring ' to make .here their land Tel. dt Tel. Co. 230 US 51. 57 L Ed 17. Cleveland v Cieveland Electric R. Co. not shown 1369. Z"- S Ct 938; Louissitly v Cistishetland 201 US 529. 50 1. Ed 1154. 26 S Ct 313: F. or to be Tel. S Tcl. Co. 224 VS coil. 56 L Ed 934, 32 Clcarland v Clraclatid Citv R. Cu. 194 CS ts. Benton S Ct 572. Xonttern P. R. Co. v Ilirrel. 29 517. 1.11 L Ed 1 ttl r, 24 S Ct 756: Citv R. it Co. 250 Who 436. Ifil 11 1154; People v O'Brien, lit Co. v Citizens' Street It. Co. 166 US 557, •11 1%V 4' 1. tit XI: b92 (decided prior to the I. Ed II14. 17 S Ct 653. Greater New York Ctwrter, by uhich the It. 255 US pniser of that city to grant trattchis s or i6. Clrvrlanci v C1c,rland City R. C.,. IN : I)cn%vr v rights to use ti,e streen was tsniited to Iran• US 517. 48 1. L•d I ll 2. � S Ct 756. :S 178. 62 chises or rights eoverinr net uu,re than a 19. City It. C:.,. v Cuitenti Street R. Co. 25 -years). pentid of 166 C'S S37. 41 1, Ed I I I i, t: 5 Ct 633. Annotation: 2 AM 1121; 71 ALR 122. R. Co. v Citi�eni Street R. Cu., C. Seen 12. State etc ref. Fullerton v Des \L,ines ., `ra0. . 33 S Ct CitV It. Cis. 159 lossa 59. 1 in MV 1:7: c:wnheriand Wrsltnusster Water Q.. v wr•ittiontrq Tt %1d 1. Citv R. C.,. s Citin•ni Street R. Cu.. 1, Ed 14%9, W. 56 A 'tart: l:au Ohio (;,is Co. v A}.nni, supra. •rret It. G.. :r IF 11-trott at 011ie St Ts. chi NE 40. Annotation: 2 .SLR 1111: 71 125. 2, lltigrt S-isid Traction. Licht , -25. 37 V%V w .\l.lt c fir+n..tds. 14 US 574. ft1 1. Ed i 13. Prnple es rel. Pratar , e:..tnn.erri.,} 'I.1 S Ct ;p i. , ALR 1: Sims% City Sirclt R. '%1. G. s �i.•uv C.n 113 l , 'i.:. � } 1. I.d ay::. It i4T, 51 Xt: & G...:;; 111 _t.5. Ili XFi"o,er . S (:t I_c:. N.d.a,lt It. (:,.. v Deiunce. 16; -lit; 14. wrstttsinster water C.. v \V,-vn.irstrr, lF,; t 1 ,i3, i_ 1. lad it.. 1: S Ct 1 .,d urawr r 1'uit.d 5tatrs 1'rnnt �u F.d .(:\ti 93 Md 551, ••a \ 'tvtP %late v \dann. :: X. ,1 i s t'.d..rad•• \ S It t:.• v Ft. Collins. S2 • C. R. Cu. III XC ;:i6. 5; SI: Cu. v •J0. l•oh- :':1. 1-1 P :::. 1'.dr C•utsersity v Ness, ib5.• 15. 225, supra. 11„t•n. 3A} ('.,lift r:llt, {?1 .\ :t.it• 47 .\1.R r..,;: t.hrcac.. v lrC:.•nn.•11. ::R 111 i91. 11G L. C 16. $rttnmrn3m !i P. Nt stwel 1. C., v X1: ,1O. a \lit 'sift• luu,.,n.tt•.dn v %atin. I iI Ind 1 ''i s: Xl::.:5. �I XE JA; l\i.li.uns : d : v2. $irmin_ham �trrrt It. C.,. : ► .\{a ioi. v t"s:,n•ni it C.. {:.r iud ',1.11 NE 4uj: •.s vtrurrneo Annotation: 2 ALit II11. R••st.rster v Kvcdnter It. Ca. i32 NY 9:t, jut 2dl 611 �'--""_• ��.``.'+'3. �.w+�r•�-.,r.,t+!f^���e.,«.psi+.�-Y•.r..�..;•`..�,�c»�f�v+�,4iv;�._1►.r�'►�wi..+rlda»»fJer6i�r•, 01 •.►s4si: s'. §232 IiIGIIWAYS, STREETS, AND BRIDGES 39Amjur2d surface, as well as the surface.° _Ri- h(� in atrerts nr hirhtva%g yanted_;n_ ,_j 1dWiIsts_ or rernrtrntirn -t "err et ,11 rim •s hr l 1 in .til•nrr+•nat n i _stillrrinr r)rl)t% of the mil{Itr.s Tile oz -I takra them ,uhirrr In fhw V".� 7I NE 951. 3IT41 203 US 236. 51 L F.d 781. 90 XW 383. Northwestern Tel. Exch. Co. v ld4 27 S Ct 469; Eddy v Grancer. 1t) RI 105. 31 A 831; Sanssnons v Beauinrt, 225 SC 490, Minneapolis. 81 %Iinn 140. 83 Xtti 527. 86 tilt' 69: MAtf$mnuth v Nettraska Tel. Co. 20 83 SE2d 151 Xels MO. 114 XW 5118; American Rapid Tel. Where a restriction of the use of hiRhtv3vs C's• v lies$. 125 XY 641. 26 NE 919; People is dcsst ned to promote the public convenience ex rel. Xety York Electric Lines Co. v Squtre. rrrt=, and rife interest of all, it cannot be disre. 107 XY 593, 14 \E 820, atfd 145 US 1i5, t s►� f:arded by the attempted exercise, of some civil 36 L Ed 666. 12 S Ct 880; %ft. Vernon v ri¢ht which in other circumstances would be Berman. 100 Ohio St 1, 125 NE 116; Port- f entitled sir protection under the Vanstituru,n, tend (%at & Coke Cu. v Gicbiuh, 84 Or 63:, . (cote v New Ifampshire. 312 CS 149. 115 L Ed 163 P 1004; Scranton Gat do Water Co. v 3110, 61 S Ct 7621, 133 ALR 1396. Scranton, 214 I's 586. 64 A 84; Sammons v ✓.: Beaufort, 225 SC 490. 13 SF,2d 153: Houston 3. New Orleans GAslirht C.P. v Drainaee & T. C. R. Q.. v Dallas. 98 Tell 396. 84 S% Conn. 197 C'S 453. f9 t. Ed Hit. 25 S Ct 6i8; N'ashiniefou Natural (lJs Co. v Seatt;t. 471. 11e.sple rx rel. %J.,ther v Marshall Field 60 Wash ':d 183. 373 P2d 113: Marshfield v I' Cu. :ff; 11T t;(19. l0; XF. 16F irsr,drrrrnsfnd Wiscunstn Tel. Co. 102 N•is 60i, 18 . i35. ,ys,st Patsaaeway); Gregstrn v Chitaeo, 1-15 Ill Oil, �' 11 XF, i':6 (s.ffflt) State es ref I selyde (:at• S. Xrw York ex eel. Xew York Electric01'4�.f light Cif. v Murpliv. 130 Mo In. 31 SW ;91, Lines Cob. v Squire, 145 CS 173, 36 L Ed r • X Aid 170 US ;8, U B. rid 955. 18 S Ct 505; 666, 12 S Cl JIRO: State ez rel. Gadsden v Al.s- s; i.inrftles Saff• i ers,ftis C $. v Xetr York, 230 hams (itv. G. & A. R. Ca. 172 tla 125. 53 Xt' 111. 103 XE 768 fva ilil. Seranten (:.ts S.f 1;1i; Drns.r v Denver A. R. Co. R, Cu. 63 t k W-strr Co. v Scrant.m. 21.1 111 'jFG. f: $ A (:Oil'57 t, i6' P 90, abet :50 L'S 241. 63 L fire-2• 91: Paris v Pari-Atrnry ".onty 1'ut,l;c Utility F.d 9A. .;9 S Ct 150• Mutual Tel. Co. v Dist. 207 Tenn .Mn. 310 Stt:d;J35. lf.ft.ai;An (:,.rstraetisfe Co. 11 113waii 96• �199 i" A tsa.n rfr rite fann•,t aise s v.•ated rieist ('Lf.ara v C isiuco Union Traction Co. iII _:,'►• tii Xi: 2i3; Ca.adrt s 5u;lisan, 1_3 � � to ntasnfain a pr drain n tscAt1 .t b;,•htt•fv. And lots ult;. _*3 NE 9;: Ve)sarffrent of fiichuats r;.•�, A sttl'srgot•nt .tltttne .ttf ..f the dram Iry An e%tenss,.n v -So Mthtseaterrt Electric I'.•ftrr C; . Ti3 Li OV.1. ,tf ./ WWI" lot settrrs udl tuts Create 5ti;, i f i ti . 2d ;1-1. Kirhv v (:;titeni R. Co. fnv Iiahility a,vmat the nusnugfAbtY. Ldsly v fsateger, 411 Jed letn. .iltitrilfnry v Cftftenti Electric 19 Its 105, 31 A flit. Street It. Go 179 Maas 191. 05 XF, 419; M.Iha.s v Sh.trit. 27 XY fill, Me Vernon v 4. ii.Irdsn-%VvAopd..i faehtnsr (;o, v I'pper 11.•rrn.sn, I111) t 1sur St 1. 125 Xr 116: PortlJnd t» 't SatMffs+l.Y, '::r1 US 171. 61 1, Ed 210. ill (;as As Cooke C... s• Giel,iss•11. 01 Or W. 165 S Ct Ini; (:rand Trunk N' It C.P. v S..nth 1' 11411; 16•u.t••n v Bi.nttton C;tv Street R• y1: Itend.:'27 US ;11.57 1. Cdo:;, f3 Ssa :;01: (:... tit T'rt sM. 19 S% t27: SiJdisa+a v �.. Iti,htnund v S..uthrrss 0.•II i',I & Tel (:... ti.•tsfhrtn %viu..tsvrs It. Co. 1st; Wis .;5:, 1i6 17 { t S 761. I 1 I. I:,I t P.! I j S (;1 773; X1V 1`i!. It) AAA n)•)• Arid :10 U!; i57, tot) ; s+ "r. nnrs+re v t'nstrd Stites t(;.%,. To nn 1 : ;e: 1, Ed i .9, •riser iUs). 1; I)rsnrr v D.-user 4 it. (: it, C... An ..tdiffante et C.0900•1 AfuJ instlrswe streets q: ('ulu iij, 167 1' 9#0. Ad :it) I'S '11. uflt ..s.•risth• Anv h.rme pfrstmisiv cssrn by �r p; I I:d'sitt, s9 S (;t Ill .An.;rf... ts v Futfer. 51 tti.iflt th.• control ,•f A street Isis Bern sue- % n.f;AisJ y P 1.3i Tel. it -(:dire (:... :7 i Ill t 7 ; 11 ; NE •.;: rendrrrd t,r atfY ffldnu aJ1 or C,•fp..raft••n• is.Imm -' in.lsosJ K. (;.., v ("here. It-3 isfd 121. •-0 It. Co. v U••tiJtser, 16% CS ea. is 1. f.d a7. I. S Cs ma, ;t %F, 9r,1, 1-101asrllr Gas A r, Co. v Seuetaee - G:.ants.:.a Its ;;4, J1 S%%:d :ii I).pArt. 6. ! 2;8. infra. trent .4 Iisvl,uJas s Y.uthurtvrn t:Jertfsr t'••urr L•.. .11. I,a :,.i. I i; :.. :d A. 7. Bros t P.r:s.11-nry (:aunts P:,'..Iic L't.:ay b::f► ,or• rr y )tams It,: L.6 ;71. l.•) 1s•. `_J. n:�►LR i5;:, Ksr•)v ' (;,$Sera$ R C•. See e,nrrtf:. 16 Art Jut 2d. C.r.asrs' 4" Sid ;.,,+• S).rhj• ,tan Tel. Co. v St. J•.srptt, I:: %Iich :.J2. rusvac Low .;'-3..29 - 612 :t P FA `w}=�� � ���~��jrw.r���iXYC:7rJ�i�}}�Sr!/!Y I�r'�i7'TSii�,rs.�_ �_.!r►-..11�1����.,:Z�.��,ri✓L�r..?. � ' 39An►Jur'Id HIGHWAYS. STRITTS. ,%.X1) ISRInC;I:S §233 Jul- :cI t riled It, to the :le Pat. • ay anil 'omit), ;sulslic,' rerras r •:►anflt •! ' pssi,ls. !tS•G, •�pJ'1.� Pit", . • i ,vase• US 1-,., "erro.r. P. -r Co. . ll•.:nt• % Sr.r: •hri!lr, W rill rr• '.1.i •n v A; i. (r • aii •,•.. tali �i•. . tan. 1 !i: l,%... "l�t c1 Firs it. :r. 41•• ".risen ''+attar . ;. ores . Since the police power cannot be u►rrefidered, the pri♦ ile% es or franchises of private inditiduals or celtporationa itimt be cnnvivavrly presumed to have been acquired with reference to its existence, .tnd contract tight% rinlst vi4rld to the proper burclem ittlpovil by „rwstl► and devel0pnicnt.I Iloaecer, ttli% extensive rviver or reputation is not to be exereiced at nscre whim or caprice, but $hould he appropriate, to and eonirsiensuratc wills tits public neressity for the protection and promotion of public morals, health, safety, necessity, or convenience. Nor can its application he extended b% the authority whic'sl is entrusted svith such application to an arbitrary fnisuse of private rights, and any such unwarranted exercise of authority is unconstitutional and void.' Thus, a municipal corporation cannot la%. hold of the inconveniences to the public which must have been contempt;ucd and considered %vhen the franchise was granted and make them the basis of a police regulation which in effect annuls the franchise altogether." § 233. Fees. truces, and charges. The general rule is that where a licence or permit is required as a condition eof the tight to the use of hi-llways and streets for particular purposes, a teasanable fee or change map be exacted therefor for the purpose of covering the cost of issuing the licence or permit and of supervising or regulating the use fo authorized." The Iegislature may also impose or authorize tl►e impo- sition of a tax or charge for particular' permi:sfyc uses for highway main. L People ex eel. Mather v Marshall Field & Co. 266 111 609, 107 XE 864: Department of Ilichways v Southwestern Electric Poster Co. 243 La 561, 145 So 2d 312; Shrevtpnrt v Yantis City, S. & G. R. Co. 167 La 771, 120 So 290. 62 ,♦Lit 1512; Xorth-rstetn Tel, Exeh, Co, v Mislnealsr,hs, 81 Minn 140, 83 Xtv 327. RG Xtti 69: State ex rrl. National Sabwav Cn, v St. Louss. 145 Mo 551. 46 Stv 931. Mt, Vernon v Berman, too Ohio St 1. 125 XE 116. Paris v Pars%•llcnry County ttility Dist, 20, Tenn 388. 340 SW2d 935. 9. Plairstri,otth v Nebraska Tel. G,, no Xeh 460, 114 XW %1; i,tneoln Safe Wist•sit Cu. r Xtw fork, 210 XY 3 f. 103 XF, 768. Additional hurdcns arhitratily irtsp•sed with. sat ncr.4uty +spin a public utility rosnpanv •hich has made investments and expenditures is mod frith and in relunre upon an nrdi- aarne sutnnrirtaq the erection .d Polrs and fterhead lines In nc.ns. %ash as an unrra- snnanle tequirernrnt that the ranipanv iosild ""ousts men throarh sineradrd strrets and ►,bm,an parts r,t flit rtty and in the open crsrfrv, are tirarir herond is- rraMmahle r919es4:.,i the p..itre power. X•.rthwvretn T''•:,n. Elicit. Co, v %linnextiMi•. 31 ♦firm 140, 24 %W 527, ,,6 My wj 10, !:rand Trisnk tti R ('.,. v 5,41fit Mend. 727 US 5f4, 57 t, Ed bJ 13. •T S c:t "n1: n ' fill-.% v I- Aftertcs. W USV. 19 L Ed 169. 25 S Ct 18, ill :farkav Tel P. Cal.lr ('.,. v little R.41, 2t� i S qi b3 L F.i s•6t. !n S t't Tr:'r -;able G,. v itschttsor,d. *;,, L I'd ::•) 39 i (.f :4,i. st l.,uss % W041-fn V. Tel C.. 143 US 92. 31 1. Ed :"s. 13 S Ct 433. tell den 149 US 463. 37 L Ed 810. 13 S Cl 990; Ft. S,stitis v Scriscgs. 70 Ark 549, 69 SW 679: )larder's Fire Proof Storage & van G.. v Chicaco, 235 111 58. 85 NE 245• Terre 11-se v Krsw%•, 159 Ind .300. 6; %F 469: Postal Tel. Cable G.. v 13a14imnre. 79 Md 502. 29 A 819. Wd 156 US 2M. 39 L Ed 399. 13 S Ct 336: Nebraska Tel. Co, v Lincoln. 82 Xeh 59. 117 XLv 281; Applrinn v New York. 219 XY 150. 11 } Xr. .1.1. 7 ♦I,R 6^9; Memphis v 11attaile, 8 licisk (Tenn) 524: Baxter- %V-cn0 C.. v Seattle, 67 i♦'a%h 2d 553. 403 P:d tot_: Er pare Vickcv, 76 W ya 5m. CS ♦ murtitipal corporalion has auth•+rin•, in the rriculati.•n and supervision ..f its streets. t+. require a license and exact a fre from the .Knee of the fee of the street as a rondirinn to the etnsstruttwo Iw him of s2s4lts be. stalls the surfacr of the ineh".xv, Appleton v %rs. ♦".,tip, 219 XY 1A 114 XF 71, 7 ALR Q9. 7'he approval by a municipal cor t'.r stion of the I.l.us% t..r t buildstiv, winch 4hnw .► vialg or area henratls the ads•+inmr: sides-.11k, the (re .d 4.1n4h is in file .stv. d,•es twt rsu•p it fr•mt regnttisle tnmpetitati.+n it.+tn the owner I• r su fs l..•rtwfl M ►14 Sw-l•erty .14 he makes u4r .d ft.r the vault or rctta•%al .nl the vault T..s.nna tiately D.ln.%it C•). v Chicaen, a7 III 1/4J. !1 : XE 153. "1 he htstse 44 iicenv fees (.,r the use of Pun• Isc strrets for parades ..r pr.ressson% at ara.•uuts tang stir. tr^tit .s nnann.d tam tt. S:00 if n••t an anr.m+units• fill ahrsdetrent .d the ts:r t A 344rn:i.is ..r •.1 freed. -Ili of 4peech and ;roc. ..here. a the statue t4 crs:r,srd by n.e %Sate rutft Me tee is rate^.rod itsereiv t4. egret li:e r4tKn4r A mannAsninic publse 613 C. R• SA1,0WIN WALL£R UYLOP, III LAW OMCC3 BALDWIN & TAYLOR POST OFFICE BOX 4210 KENAI,ALASKA 99611 June 11, 1982 Ben Delahay, City Attorney Box 580 Kenai, AK. 99611 Re: Relocation of Power Poles Dear Ben: AQEA CODE 907 283.7t67 This is in respect to your letter of June 7, 1982. I haven't researched your statement of the general law involving the requirement of a utility to move its facilities as required by municipality, but I accept that for the purposes of argument. You overlooked the fact however that the system is not owned by HEA but rather the system is owned by the City. When HEA took the system over it was poorly maintained, poorly planned and poorly operated. For that reason, the hold harmless agreement was executed. If the system had been properly planned, there would be no requirement that the pole be relocated because eventual street paving and expansion would have been anticipated. The position of my client is firm. Absent a decision by a court of competent jurisdiction declaring that HEA has no right to compensation or absent an indication that the City intends to either pay the cost of the relocation or to seek relief in the courts, HEA declines to take any further action with regard to relocation of power poles which the City owns. In the event it is contemplated that City crews work on or around the poles and lines, I would suggest you review AS 18.ci0. If you have any thougtits as to how we can achieve a quick resolution of they problem i :could like to hear them. I ats; sure at this point my client rroula :aelcon►e the City taking some action to -ward obraininq declaratory relief and that if some action were taken arrangements could be made to commence ttie pole relocation operation. Very truly yours, C . R . BALD;i I!1 _ Attorney at Law CRB:jr e30, ,� ,�,� Z�onzcr Electric .A.socisa Lion, Zinc. P.O. BOX r 9 . ►,ct,[n, At_n;KA 99603 • (907) 235-OSSI r; May 27, 1982 .._ _.... Mr. William Brighton, City Manager •��:,+r.f•- .t City of Kenai ' P. 0. Box 580 Kenai, Alaska 99611 Re: Relocation of Power Poles in Connection with Improvement Projects of City Streets Dear Bill: Durinz the vast couale of years Homer Electric has had to relocate electrical facilities within the Citv_of Kenai at the cites' request in Homer Electric is caught in the middle of an expensive situation. The City of Kenai is the one city its our service area that does not work with us on these projects. All other members, including the other cities, pay Hover Electric relocation costs in connection with relocation of facilities. We do not feel that we should provide these services to the City of Kenai if the city is not willing to pay for them. I am instructing _my =-onnnl that any fntare facility relocation will require a flreaalment of the estirtated cost of relocation Prior to the actual relocation. I apologize for this inconvenience, and would be vary willing to discuss this with you at your convessicace. Thank you. Sincerely your , HOUR EUrCTRIC ASSOCIATION, INC. i1 General Manager ili'w'� t 1 r � f 0 . CITY OF KENAI A 'f, %Od Cap" 4 4"a, 1 P. O. BOX $80 KENAI, ALASKA 99611 TELEPHONE 233 • 7S36 June 7, 1982 Mr. B. Kent dick General Manager Homer Electric Association, Inc. P. 0. Box 429 Homer, Ak 99603 Re: Relocation of Power Poles in Connection with Improvement Projects of City Streets Dear Kent: I am aware of the situation which you brought up in your letter of May 27, 1982, concerning relocation expense in City street projects. tor. Delahay has in the past communicated the position of the City to several of your supervisory personnel and has brought this matter to the attention of the City Council, which in its endeavor to advance the interests of the citizens of the City of Kenai by utilization of every possible dollar for the renovation and improvement of streets, has elected to follow the legal advice of our attorney. i am sure Lnar. you wou.Lu nor- iiru u-m: \r�7Ya►dill bV direct sae to have city forces relocate those poles. This is far more than iurt an inconvenience, and while as you know I would be willing to discuvs this or any other matter with you, I feel that no L.li':cun lion on our part in doing to change or determine the legal resronsibilitiez of the parties_ so 1 earnestly request that you reverse your stand and cooperate with thc± Cite by having vnttr fnrces move an auic. v as nossibie to 1 �si■wirs�stw�s�rwri relocate those Unl= and to check with Keith Kornelis, Director of Public Works, to determine the priority of relocations so that those poles which would first hamper City projects would be moved first. Sincerely, m Wm.. J. Brighton City Manager relocate those Unl= and to check with Keith Kornelis, Director of Public Works, to determine the priority of relocations so that those poles which would first hamper City projects would be moved first. Sincerely, m Wm.. J. Brighton City Manager Section 36 Committee Meeting, May 14, 1980 Kenai Public Safety Building, 6 p.m. Philip Bryson, Presiding Chairman Present: .Jerry Andrews, Jess hall, Phil Bryson, Bill Brighton, Karen Mahurin, Ron Malston, Betty Glick, Mayor O'Reilly, Jim Hendricks Mayor O'Reilly explained that it was Council's intent to direct the matter of Section 36 to the Planning and Zoning Commission and a subcommittee for recommendations. Suggestions could then be brought back to the Council. Discussion was held on some of the major questions addressed in i Thorpe's Report. i Drainage and erosion problem, due to the bluff Comprehensive water and sewer plan What has to be developed that would be of area concern, rather than the individual property owners Should the City have a land agent that is responsible for all Section 36 and FAA lands The Harbor is in charge of enterprise activities - What type of relationship should be set between commissions Mayor O'Reilly stated that the City has presently designed water and sewer to serve tjie general area from one end of Section 36 to the other. He pointed out that $7SO,000.00 for water, sewer and drainage would be coming through Juneau. Jerry Andrews raised the question of the relationship with the land disposition policy and the real estate situation. He suggested that a policy be set up which involves a time table to compare with the market, and be re-evaluated periodically. k Jess Hall pointed out that in order to move the land, it should be in relatively small parcels. r Betty Glick suggested five acre bluff view lots and larger ten or twenty acre lots further back. The lots should be of varying sizes, depending on individual needs and wants. Jerry Andrews voiced his concern about the market now and in the future. The sensitivity of the market should be tested in order to develop a proposal of how much land to dispose of. lie suggested that now is the time to incorporate a plan, but not to decide how much land to dispose of. He pointed out the demand for bluff lots. D Section 36 Committee Meeting May 14, 1980 Page 2 lle further pointed out that: 1) the City can't sell the land below market value 2) can't flood the market 3) should take enough measures to guard against erosion Jess Hall raised the question of the City putting water and sewer into the project. Phil Bryson stated that the City will provide the interceptor laterals, with construction by the developer. There are a number of restrictions proposed. Jerry Andrews stated that the City should not be in the land business, and should get out of the business without hurting the people of the City. He thought Thorpe's study was extremely logical. The phasing time table may appear to be too long, but it is actually very realistic. There is not a tremendous demand for housing now. Phil Bryson raised the question of selling the land for a lump sum bid up front, and whether it is Council's intent to sell the entire tract of land at once. Mayor O'Reilly pointed out that the price would have to be lowered in order to sell the land in one lump sum, and he feels that this would not be fair to buyers that would be willing to move quicker, but would not be capable of handling the whole parcel. He also suggested that the ads on land for sale be spruced up. Council is asking for suggestions on selling land, as the City did not do a good job advertising the 16 acres it tried to sell last year. Jerry Andrews suggested that twenty acres a year be sold to minimize ' the impact on the market, then the real estate companies would know what to expect each year. Bill Brighton pointed out that if the City were to sell all the land at once, it could put others out of business, which would only add to the problem. Betty Glick stated you have to be sensitive to the market, depending upon what amount of land people want. f Phil Bryson suggested sacrificing twenty acres of non -bluff land to see what the market is. He pointed out that if it isn't going to be developed at a low price, it won't be developed at all. -- Jess Hall suggested that small amounts of land could be released <. to test the market. Mayor O'Reilly suggested that the City proceed with the water, sewer and drainage through the main systems along the highway. -- fie also suggested that a plan be developed from the point of view of protecting the present market values inside the City; if these Section 36 Committee Meeting May 14, 1980 Page 3 property values within the City decrease, this is not healthy. The next meeting will be held at 6 p.m. on May 28, 1980. .Jerry Andrews will chair the meeting. 9 i Section 36 Committee Meeting May 29, 1980, 6:00 p.m. Kenai Public Safety Building; Jerry Andrews, Presiding Chairman Present: Jane Gabler, Mayor O'Reilly, Leo Oberts, Jim Hendricks, Jess Hall, Jerry Andrews, Karen Mahurin, Bill Brighton Ron Malston, Gail Glad, George Fox Jerry Andrews briefly went over the problems and areas of concern outlined by Thorpe, and as discussed at the previous meeting. The floor was opened for discussion. Leo Oberts suggested that as far as the disposition of the property, a pattern that was used on Redoubt Terrace Subdivision be implemented, where the whole parcel was sold at once, and then developed over a period of time. Mr. Oberts felt that the City should develop the water and sewer, as those lots are in demand. He did feel that it is too costly for the City to get into the development of the property. Mayor O'Reilly was asked to define what the perimeters are that this Committee is to work in. Mr. O'Reilly explained that the directive of the Council was that it is their desire that the land be moved as quickly as possible into private hands. The Council stated clearly that the City is not going to look at this as an investment, and the City does not want to get into the land business. The Council is also wide open for suggestions. Leo Oberts pointed out the problem of going to an individual system for water and sewer, wherein there is a tremendous amount of iron in the water, and as you get further out, you get discolored water. George Fox questioned whether it had been recommended by Thorpe that the City put in the sewer and crater, and arterial access. Jerry Andrews explained that the plan is very envisioning, and would provide in phases, tracts of land that have water and sewer available. Mr. Andrews pointed out that one of the issues that wasn't resolved at the last Committee meeting was whether the City was going to put it adjacent to the tract, or whether the developer was actually going to do this. Jess Hall questioned what would happen to the money that is available from the State, if it is not used, and suggested that maybe the City could run the main water throughout. George Fox said that he would like to see the City start on the City edge of the tract and extend water, sewer and arterials to --s-- whatever extent the money went. Mr. Fox did not want to see the whole parcel of land sold now, because to try and dump it within a give time period would be bad because the market wouldn't stand it right now. He suggested the City put up a minimum amount each year, with an open ended option to sell additional amounts as --- , the market warranted. Section 36 Committee Meeting May 29, 1980, 6:00 p.m. Page 2 Jerry Andrews asked Jim Hendricks for his thoughts as to the direction this Committee should take. Jim Hendricks stated that the first order of business is what the general concept of the plan is. He pointed out that the sewer interceptor and lift stations are already programmed, and that the roads will be very important as to the defining of blocks. He raised the question of whether the City will be responsible for sewer, water and roads (interior) or will the developer? Mr. Hendricks pointed out that the options the City has are to put in all the water, sewer and roads, or none of them. He suggested that this could be made a condition of the purchase, or added onto the cost of the lots. The lots do need to have sewer, water, and access capabilities. Jess Hall stated that he thinks the water and sewer should come first and the City should not get involved in putting in roads. Jerry Andrews suggested one of the things the Committee may want to decide is just how much involvement there should be on the part of the City. Jess Hall suggested that that could depend upon the amount of money available. He also pointed out that the cost will depend upon when it is done, and that the Committee can't really go by the values in the back of Thorpe's Report. Mayor O'Reilly pointed out that the water and sewer engineering have been done. Jerry Andrews asked for a consensus from the Committee as to whether the phasing outline done by Thorpe is probably a logical i means and within reason a logical timetable. Mayor O'Reilly stated that he finds the plan very complete and very logical. The phasing idea is a good one, in light of the conversation the Committee had at the last meeting. out that pointed Hall Jess r p you have to consider the desirability } in phasing, and he feels that Phase I will be more desireable. . t Jim Hendricks pointed out that Phase I land is all City owned land and Phase II and III are partly Borough land, even though it is within the City limits. Mr. Hendricks also pointed out that the Borough wants to dispose of their land as quickly as possible - into private hands. Mr. Hendricks also stated that the Borough }. is constrained by the design layout and zoning regulations. Karen Mahurin stated she doesn't like the idea of selling all the bluff spots first, which will readily be sold. She feels the Committee should get the most money out of the land and the best f' deal, not only financially for the City, but for the developer also. i Section 36 Committee Meeting May 39, 1980, 6:00 p.m. Page 3 .Jim Hendricks pointed out that one of the reasons why the bluff was included completely in Phase I, is because it will be very much desired land. fie suggested that separate accounts could be set up from the sale of this land and then re-chaneled into the other land, so that it could then be developed. .Jerry Andrews noted that Phase I is going to require some physical development before anything can be done. This is the area that has severe environmental concern. He pointed out that erosion problems may have to be dealt with in terma of storm sewers before there could be any development. George Fox pointed out that on the other side of the coin, if the City is not going to sell all the land at once, starting by selling the property along Redoubt Avenue first, the bluff property is going to increase in value faster than the rest of it, from an investment standpoint to the City. Mr. Fox also noted that the Committee needs to decide what market is going to be aimed at when the land is sold, which would have a considerable affect on how it is approached. Mayor O'Reilly noted that the Quicker these lands are sold, the better off the City will be, because we immediately start to receive taxation on the land and on the improvements. George Fox suggested that the land be sold by nominations. Mayor O'Reilly stated that the Committee needs to find out what the market is. fie feels that the City has a good amount of multi -family units now, which makes the sale of the bluff property more logical to the market. Leo Oberts went along with the idea of selling the land by nominations. He feels that the land has to be divided up into large enough pieces, so that it is desireable. Jerry Andrews reviewed the ideas suggested at the previous meeting of ways of how the land might be disposed of. Possibility of selling it all to one person, which didn't seem to be viable. Each year, before you dispose of any land, test the sensitivity of the market, determine what the market is, and sell a lot of land that is sensitive to the market. Put all the competing land owners on notice by saying we are going to sell this amount of land each year, so they have something to figure on. Mr. Andrews agreed with the idea of selling the land by nomination. Jess flail raised the Question of if this land is broken up in pieces and someone buys one section, someone else buys a section down the lot, then who puts the road in between the lots'. fl i oil11 ' 1 Section 36 Committee Meeting May 29, 1980, 6:00 p.m. Page 4 Jim Hendricks stated that how you break the land up into pieces could have a bearing on this problem. Six or seven individual pieces of land could be done independently within that phase. Jerry Andrews asked for a consensus if the sequence of phasing, disregarding the time -table is a logical sequence. All in attendance agreed with this. Jerry Andrews felt that nomination is a good way to dispose of the land, but the Committee needs to define the perimeters of nomination. Mayor O'Reilly pointed out that it is necessary that the Committee look at all the various alternatives. We are now at a stage where the Planning and Zoning Commission has met with the Section 36 Committee, the Council has met, and we need to start focusing on getting something started on this. George Fox feels that when nominations are asked for, they would almost have to be limited to areas where the City has the sewer and water laterals in, or where they are in a position to provide them. Mayor O'Reilly acknowledged that all water and sewer mains would be in. Jerry Andrews brought up the question of what covenants should be incorporated; do we want to tell the people what they can do with their land, in addition to what is contained in the zoning? One of the problems in not telling them is if someone goes in and buys in the middle of the phase and does not do any developing for a number of years. It was suggested that the buyer would be at least required to put in their section of main street going by a time table or when there is development beginning on the other side of them. - Mayor O'Reilly suggested that the Committee recommend the covenants listed in Thorpe's Report with further revision. All agreed. �i Bill Brighton addressed the question of the City of Kenai dumping 160 acres of developable real estate on the market, while the City is standing the cost of a main sewer line, a main water line, and perhaps some road construction; what kind of stature does that put the City in with private people who are out there trying to develop S or 7 acre tracts, who have to put in their own sewer, crater and - roads? Gail Glad stated that she can see no problem with this, so long as the arterials open up other subdivisions also. - Further discussion was held on the nomination method of disposing of the land. Section 36 Committee Fleeting May 29, 1980, (1:UO P.M. Page S George Fox suggested that the Committee ask for nominations, as to what the citizens would like to have for sale within a certain general area. After the Committee has the input, then the Planning and Zoning Commission could try and consolidate the nominations and define the areas to coincide with the general consensus of the nominations. Mr. Fox also pointed out that before the land is put up for nominations, the Planning and Zoning Commission would have to break it up into logical minimum size areas. Mayor O'Reilly agreed with this suggestion, but questioned what would happen when there is resistance from the citizens. George Fox suggested that they would have to demonstrate that they were able to do the development (get water and sewer to the main) Mr. Fox stated that he doesn't see the local citizenry being able to do this. Further discussion was held on the covenants. George Fox stated that the road issue would be more logically handled as part of the sales conditions, rather than passing them on to the covenants. He suggested that sales conditions be posted at the time of the sale, and thinks the road access particular to those parcels should logically be addressed as part of the sale conditions. Jerry Andrews noted that in order to arrive at fair market value, the City would first have the have engineering done, as suggested by Bill Brighton. Bill Brighton pointed out that you need to have the survey done to tell just where the streets are going to be, how wide those streets are going to be, then you can determine how much it is going to cost to build those streets, and allocate those costs to the land adjacent to those areas. Discussion was held on how far the City should go into the actual physical development of the land. I Bill Brighton suggested the City should do as little as they can get i by with to justify the entire project and make the area marketable. Jerry Andrews reviewed the five consensus reached by the Committee so far: 1) The sequence of the phasing is logical; the Committee has chosen to disregard the time table in Thorpe's Report at least for the time being. 2) The Committee has decided that the phasing should be done in subsections, to be detailed by the Planning and Zoning Commission, with recommendations to the Council. - — 3) To implement disposition of the land on a nomination basis. 4) Covenants are accepted, with the addition of certain development requirements. S) The basic quantities of developed land in the plan are about Section 36 Committee Meeting May 29, 1980, 6:00 p.m. Page 6 what the Committee wants to pursue. Mr. Andrews felt that as far as the policy to put arterials in, it will be up to the Planning and Zoning Commission to make recommendations to the Council, according to whether the money is available or not. George Fox felt that the Committee should not make the decision not to put in the streets, as this could be a premature decision. The general consensus of the Committee was to recommend that the street issue be left as an open option. A decision was not made on terms by the Committee, on the basis of the controversy on the point at this time. Mayor O'Reilly and Bill Brighton pointed out that the credit terms will be decided upon by the Council. The Committee made the recommendation that the Council should set the financing rates at competative rates with other governmental bodies that are selling real estate. George Fox suggested that a drawing be made, if there are multiple offers on a parcel of land. Karen Mahurin agreed with this, giving a preference for cash. The Committee will contact Keith Kornelis to be at the next meeting to explain the engineering on the water and sewer. The next meeting was set for June 11, 1980 at 6:00 p.m. Y-� C 0 M Section 36 Committee meeting June 11, 1980 6:00 p.m. Kenai Public Safety Building Keith Kornelis, Public Works Director, was present to explain the location of the water lines throughout this section of land. Discussions were held on the water lines, and the new problem of drainage that was presented. Following are the consensus reached by this Committee thus far: 1. The sequence of phasing is desireable (as per Thorpe's Study) 2. Subphasing of smaller parcels should probably be done (By the Council, based upon recommendation of the Planning and Zoning Commission) 3. Covenants (From Thorpe's Study) are desireable, but would want to include a development requirement causing the purchaser of one subphase to extend sewer, water, storm . sewer, curbs, gutters, and paving to the next adjacent subphase. 4. The City should allow purchasers to buy with cash or terms competitive to those of other agencies which dispose of land. S. The City should not try to develop the properties, as that will be the function of the purchaser. However, if funds are made available to the City (Federal, State, etc.) we should consider some capital improvements. 6. The property should be offered at its fair market value. The City should not subsidize purchasers by virtue of residency requirements, etc. 7. Disposition of the subphases might be accomplished by prospective purchasers nominating (or requesting) that a particular property be sold. Multiple offers might best be dealt with through a drawing. S. The Council should define parameters for disposition (based on Committee/Planning and Zoning recommendations), and solicit proposals from real estate firms, and should select the proposal that best serves the City of Kenai. 1k(DR&0 &p@& pOawwBwfl �4ddp 9m@(k@P@Qm(gJ 9@0 pdaUBo dog@qo@@bob Ommin @@0g8on o djwIlg8@jm 04 Q&rid@ aoftk& d©parrgrm@jD4 04 milAUT&O o Mmumim 9flp� EMU B UEIRUtT.ME T OF NATUISAL RES4/11110E VIN ON Of l ANo$ 1o,jn.7 MY S. HAMMIN0, 60YfRNOR J?J E. I1N AYfNOE - ANCHORAGE MI Dear Resident: The Alaska Division of Lands is initiating a study of state land within the Kenai Peninsula Borough. Through this study, we will develop a land management plan which identifies land appropriate for disposal to private individuals as well as land that should stay in state ownership. The plan will also describe how remaining state land should be used. In order to do this plan, we need your ideas. The brochure that accompanies this letter describes the study process and provides a starting point for what we hope will be a continuing dialogue between the study staff and borough residents to ensure that all local, regional, and statewide concerns are addressed in the plan. The best way for us to understand your concerns about the use of state land is to talk with you. Thus, we are setting up a series of public meetings in communities throughout the borough for early January. The meetings will be a forum where land and resource information can be shared and land use issues can be discussed. The meetings will also introduce you to the overall land planning approach we will be following on the Kenai. Listed below is the schedule of the community meetings: Jan. 8 Seldovia Public Library 7 pm Jan. 9 Homer Pratt Musuem 7 pm Jan. 11 Ninilchik School 7 pm Jan. 11 Kenai Central High School 7 pm Jan. 12 Hope Social Hall 7 pm Jan. 13 Soldotna Borough Building 9:30 am Jan. 15 Seward Elementary School 7 pm Jan. 15 Moose Pass Community Hall ,. 7 pm Jan. 16 Sterling School 7 pm Jan. 17 Kasilof Tustumena School 7 pm Jan. 17 Tyonek Community Center 7 pm Jan. 19 Port Graham Village Hall 7 pm The importance of your involvement in the study process cannot be over- emphasized. I encourage you to read the brochure and attend the meetings to share your thoughts and concerns with us. With your continued participation, the Alaska Division of Lands will receive the guidance needed to formulate a satisfactory and workable plan for state lands in your area. If you desire additional information, or cannot attend the public meetings, we would still appreciate hearing from you. Please feel free to contact Susan Heikkala, Planning and Classification Section, Alaska Division of Lands, 323 E. 4th Avenue, Anchorage, AK 99501, (907) 279-5577, Ext. 275. We hope to see you in January. Sincerely, MICHAEL C. T. SMITH Director NFEi'M(p Off @OMQGW a ., - Muoducit f o o oRd ors Q@ CoNa 0dmaging Adw (21 898M p��aw�a0� aoQoa�� pMU�OB6 P�Q�4QOW p700WOR 04 a OOD@ IF@J9odV6(9@ avail) 4adv pQoc@,T 3 � t., rmMA MY s uft WOOD (A@ 40 othn po moomum __ - Oo6�U CC�n160QG�B I I I UK WIMN rj kenal FO do0v ap '000000 OV k! ,M ,� .�l 1 M(POdo M@q(lOW The Alaska Statehood Act gave the State the right to select 104 million acres of federal land - a much larger land endowment than any state in U.S. history. }low to use state land is one of the most important issues facing the people of Alaska today. In the Kenai Peninsula Borough, for ex- ample, land in needed for industrial development, commercial expansion, and residential growth. There is an ever increasing public demand for recreational land for hunting, fishing, camping, and a wide variety of other outdoor activities. Future transportation and utility corridors should also be identified and set aside. Some land is most valuable as wildlife habitat or for its historical or scientific. significance. Other land is vital to development of renewable and non- renewable resource industries, such as fishing, agriculture, timber, and oil and gas development. The Alaska Division of bands (ADL) has the respon- sibility of classifying, managing, and disposing of state land to serve the hest interests of the people of Alaska. To accomplish this, the natural Owrartvri:;tics of state land must be assessed and c•vaIIli Led; existing or potential private and publ ie land needs must be c•onsieiered; conflicts between various uses and user groups must be re•solve•d; .end the amounts. location, purpose, and timing of state land disposals must be determined. The Division of Lands i:: initiating a study of :;taty land in the Ken.ri Peninsula Borough to 1•ermulate• , management plan that accomplishes the•:.e• t.r:;ks. The. State. of Alaska currently owns, or leab ipplit-d to the federal government for ouvvarue• of, .rbout 3.3 million acres of land in rho• 1wrorigh. I'he• planning study will assess the r••r;r,ar, e• :aIiie•s of this laud, identify current !.eu•i tie-i:;, .uuf t.rke• iutu .ec•count different econom- ic .anc: :;urial f.sctor:; that may influence state Lend man.r;;e•me•ot pol rc re•:; and disposal practices. 3 r TO ensure that the plan is based on the best available information and that it is responsive to local needs :slid concerns, ADL will conduct a Public iavolvemerit program. This brochure initi- ates that process by acquainting people with study objectives, reports to he prepared, and ways to Thin brochure iutroeluce% to the influence state land management decisions. It land nrunamentent plunwim %Inds also provides background information about the status of state land in the borough and outlines a. series of management concerns which should be considered in the development of the plan. During early .January, ADL will conduct public meetings in communities throughout the borough to give residents the opportunity to express their knowledge and concerns about the use of state land in the region. ADL hopes to learn about pre- vailing types of local land demand, social and economic factors likely to intensify demand for state land within or near a community, and other information pertinent to state land management. ADL enc-ourages you to take this opportunity to help formulate a Jesirable-ind workable management plan for state land in this growing area. EM 4 4odorra0 g)onocrwgM@1d n 70770 Men @C[FP@o 9 aqv Ig@%& Q boQougoD & peon&9@ == 7 % @gmg0 on@GM0D@ �f� o W hv 9) @lflfl ala j =JLfSR ilJu " I -,:I : �_ GW 4 ri`�i Q bcmmmg)GIi - I zggft on. On LNG p(mom odl bo�o��� The diversity of land and water characteristics, resources, and settlement patterns in the Kenai Peninsula Borough offers a range of opportunities not found in most parts of Alaska. Rugged, largely unexplored mountain ranges ring the area, acting as a scenic backdrop to most activities in the region. These mountains also hold promise for future mineral finds. The borough is bisected by Cook Inlet --the state's largest estuary, a major marine transportation corridor, and a highly productive fishing ground. Proven and potential oil and gas reservoirs lie beneath its sea bed. Broad plains, suitable for agricukture, timber, and intensive urban growth, link the mountains to the sea. Because the region offers so much in a relatively small area --developable resources, recreation potential, ease of access, and suitable community growth land --future decisions on the allocation of state land and resources on the Kenai Peninsula require careful balancing of resource development priorities and public and private needs for land. I uIn recent years the eastern shore of Cook Inlet has been the scene of rapid industrial and popu- lation growth. As human activity in the region grows, so does the demand for land. In addition to land needed for industrial and residential expansion, some state land is destined for munic- ipal and Native corporation ownership. Final t, J! resolution of state land tenure questions in the rl 7 borough will result in major changes in overall r' ownership patterns. The State of Alaska currently owns about 2.1 million acres of land within the boundaries of the Kenai Peninsula Borough and has applied for an additional 1.2 million acres. Consequently, the state has or may receive title to as much as 33 — - percent of the borough's land area. It currently owns 21 percent of the land area. By comparison, the federal government will continue to own and manage almost 60 percent of land in the borough. i 1►enai's diverse land and water resources offer a range of opportunities not found in most parts of Alaska The State nuty owns about 11 million acres of land in the borough M n Where is the state land located? For purposes of discussion, the borough has been divided info six broad subareas: "I'yonek, Kamishak Bay, National Forest, Kenai lowlands, Sc-ldovia, and Seward (see map on page 6 ). These geographic divisions make it easier to describe some of the major differences between the various portions of the borough. iviq�iA vw;WA Gra7'Xtfh � ti e tyonvk ti 830,000 acres e kamiShak •;� 256,000 acres 10naf rest , acres ' �. v �. "{ ,, �� ,. •� .., ��'Ur'-";per About 1.09 million acres, or half the land in the borough now owned by the State, is located on the west side of Cook Inlet. By far the largest concentration of state land here, 830,000 acres, is in the Tyonek subarea. The rest of the State's land on the west side of the Inlet, about 256,000 acres, lies in the Kamishak Bay subarea, including land on Augustine Island. The Kenai Lowland subarea which encompasses Kenai, Soldotna, Homer, and other communities, contains about 541,000 acres of state land. Across Kachemak Bay in the Seldovia subarea are 320,000 acres of state land. The Seward subarea has 176,000 acres of state land within its boundaries, most along the Gulf of Alaska coast. Last, the National Forest subarea contains about 3,400 acres of state land near Hope, Cooper Landing, and Noose Pass. An examination of the distribution of state land shows that most of it is located in the Tyonek and State land A currenill- concentrated in the Kenai Lowlands subareas. Because of the gentle terrain, known resource values, and existing Kenai L"►v1u,rJe andTvutrek subareas settlement, development pressure will likely focus on state land in these areas. Compared to other areas of the state, land in the Kenai Peninsula Borough shows marked diversity and an abundance of natural resources (see figure on page 8 1. On a sub area basis, some interesting patterus emerge (see map on page 9). The coastal mountain areas are noted primarily for wildlife and fisheries values and, to a lesser extent, timber and minerals. For example, both Seward and Seldovia contain valuable stands of spruce and hemlock bordering the coastal mountain ranges. The Alonti.rn Range in the Kamishak Bay subarea is known tar its hardrock mineral potential. The lowland areas throughout most of the region are valued for their development potential and oil, gas, or coal resources. Both the Kenai Lowlands and Tyonek subareas contain significant oil, gas, and coal reserves ab well as developable lands. Although generally mount linotis, coastal plains bordering the mountain ranges in the Seward and Kamihak 13ay subareas alsu offer some development opportunities. Its the mountainous National Forest subarea, state land is known for its recreation .ind scenic v.e/ur as well as the potential to accommodate community expansion. .4 high prupnrtina of the hurnrrgli'v ralrrahle nalrrral recrurrres are state-iPivned a In order to formulate and implement a land manage- ment plan, an important objective of the study is to compile a more detailed and area -specific resource inventory. Such an inventory is required to identify and assess the value of the existing 900 90 g0 �l0 0 d 80 VP 4p �30 U® O }vs o a Uri d 8A bo ?Mftme i) 'ea. OM ®UaQ ct wQc7 oat 81@ b orrr mh w6gW wtrb P"MV" MUM M@99@0 �I�JOMQ� resources and to aid in the determination of their best uses. The land and resource inventory will be developed from published and field data, dis- cussions with resource specialists who work in the borough, and residents of the area. f � _ v tyonsk rj AOP�b '- nstionai � •-'•--� forestnal r � i Seward J JI i kainishak , .,,,: soldovia �� 0 A VA, aw f ' - ', C?;G.�l'��IY�'�IP ilk l.��tiiU es Pre+sore. ,Pit vtene lanel al lhr h'rnai n Omi I,WN, he'e'll ilnc'llu• Lai,pe trar tv of viaie• land mill he tra n•t'erred inunhipal ;;oreninteirli curet Valire c e,rllnrut ieut The /foruuxh'v hind enittle nient i% 155. 780 ,tc re+ .1 1reAtl e.j 350,01`10 ,ter(', nitt It,, aenn•e're•d !1; Aalire rilbrr M QU @ POUJ BUJ �3 Since the State began selecting its land entitle- ment, the :;tatus of state Iand has been continually changing. 'file 1964 'fandatory Borough Act, two .lets passed by tile 1978 legisl.ture, the 197I Alaska Native Claims Settlement Act (ANCSA), and the Cook Inlet Land Exchange have had significant effects on the status of state land and its avail- ability for different uses. In many respects, the pressures on state land in the Kenai area have been more intense than in most other regions of Alaska. Although the State has acquired or applied for some 3.3 million acres in the borough, title to much of this land will be transferred to Native corporations or to borough and city governments as a result of these legislative actions. The Mandatory Borough Act granted to all eligible municipalities within Alaska tile- right to select 10 percent of the "vacant, unappropriated, and unreserved" state general selection land within their municipal boundaries. Tile 1918 legislature enacted a revised municipal land entitlement bill which set the total Kenai Peninsula Borough entitle- ment at 155,780 acres. This revised act also granted eligible cities in entiticluent of l0 percent of the vacant, unappropriated, and unre- served general se•lecti,ui state land within their boundaries. In the borough, four cities are eligible to receive state land undo-r this act. Together, Kenai, Homer, Seward and Soldotna gill receive a total of 499 acres. The Alaska Native Claims Settlement Act created :additional demands „ll state land in the Kenai Peninsula Borough. As part of the settlement, each eligible Native village was granted the right to acquire up to 6),1:-10 acres of state land ill the borough. Sirs vi Hage:, u►ay qualify for ANC:SA land entitlement:;--Niiti Ic•htP, SeIdovia, fyonek. Port Graham, Fugl ish flay, .md, pending .1 Ietermin;ltion of eligibility, S.ilaue-Itol--for a total of almost '150,000 acres. t;nder terms of ANCSA, the Cook Inlet regional corporation, Gook Inlet Region, Inc. (( 'lttl), aa•; e•ntiticd to select a land base Isom unappropriated land s.ithiu the established boundaries e,f the t.,,•,k inlet Region. It soon became .sppa rent that. unlike- mast ,,ther regions ■ throughout Alaska, much ut the de•:iirable acreage in the gook In 1vt Region was s i roady c•ommi t led to .t variety of uses which made it unavailable for Native selection. In addition, snore available Lind had little or no resource value and would not fultill the intent of ANCSA. Therefore, to provi(ye a fair and equitable settlement of Native land claims in the Cook Inlet Region, the U.S. Depart- ment of Interior, CIRI, and the State of Alaska negotiated the Cook Inlet land exchange agreement. This agreement gave CIRI the right Lo acquire up to 115,200 acres of state land located on the Kenai Peninsula proper and approximately 188,000 acres of state land within the Kenai Peninsula Borough in the Tyonek area. CIRI ee t/I acquire- appri).vhntatel.r ?0.?,1)00 eurr, ut �hde fund in the Kenat Ilornugh Ca-Mah 629*9 P@05@29 0 4 Do D nomo"Oong Qnit, a fraction of the existing state, laud un the Kenai Peninsula it -ill rennin, in .~rate ntene rchip The Lund Pnlicr Act established policiev to guide the plamtink. nranagentent. and disposal of state land The studs, will identifi- land ft.rdivpnwl to individuals 12 a Together, these legislatively mandated and negoti- ated borough and Native claims may result in a potential demand for about 750,000 acres of state land. Since the State owns 2.1 million acres in the borough, there will be an ample supply of land to meet these needs. However, a large portion of these selections will be made in the Kenai Lowlands and Seldovia subareas where there is an estimated total of 861,000 acres of land in state ownership. Because of the limited amount of state land in these two subareas and the potential for over- lapping selections, land allocation will be a complicated task. The status of state land will also change as the result of the Alaska Land Policy Act of 1978, which established goals and policies to direct the planning, classification, management, and disposal of state land and altered the status of state mental health and school land. The act redesig- nated 1.1 million acres of school and mental health land, formerly in reserve status, as general grant land. Consequently, an additional 212,000 acres of state land in the Kenai Peninsula Borough have become eligible for sale, leasing, or exchange. Municipal governments may also nominate this land for their municipal selection pools. Much of this land is highly valued for its natural resources or is located near existing communities, along roads, or on shorelines. The disposal provision of the Land Policy Act directs that 50,000 acres of state land be made available for a variety of private uses in Fiscal Year 1979. Every year thereafter, the Alaska Legislature will determine how many acres will be made available for private uses in a given year, and approve a budget that will ensure that the target amount is reached. One objective of the Kenai Area Land Management Planning Study is to determine how much state land in the Kenai region should be disposed of, where it should be located, and for what type of uses. W J MU aageoj oamm') A broad range of issues must be addressed and resolved before intelligent decisions about future state land use can be made. First, the physical suitabilities of the land must be inventoried and an evaluation made of potential public and private uses. Only then can specific resource management questions- be answered. Several of these are already obvious, such as: Which resources should be made available for commercial development? Where are the areas which pose special access or building hazard problems? Where are the best spots for onshore petroleum facilities? Are there sensitive areas, such as salmon spawning streams or potential public water supplies, which require protection? Are some areas faced with resource use conflicts which make management determinations difficult? For example, an area may have high scenic qualities as well as valuable stands of commercial timber. Identifying the issues the land planning study should address begins with the initiation of public dialogue about how state land should be used. ADL needs the knowledge and opinions of local residents in order to understand community goals and concerns about state land policies. Discussions between ADL representatives and area residents will take place at the upcoming community meetings. The following sections introduce some of the topics that need to he addressed, but they are not exhaustive in either scope or detail. Their purpose is to provide a starting point from which a more complete and useful agenda of issues can be developed. Sites must be identified for onshore petroleum facilities The planning process requires public input 13� B,% 0 • MR92 URV @apzUb8j@R The State is mandated to assist community develop- ment by providing land to the borough and eligible cities to meet residential, industrial, and com- mercial growth requirements. It also makes land llecause ,,of Us rapid grt)svih, luld jar directly available to individuals through a variety ,i)t1unitlilJ1, erlfansion isneeded in llle of state land disposal programs --bid auctions, 1wrtnigh lottery sales, leases, homesite disposals, open -to - entry sales, and agricultural land sales. Land for community expansion has been a particularly critical need in the Kenai Peninsula Borough due to its rapid growth in recent years. Between 1970 and 1978, the borough's population increased from 14,100 people to nearly 25,000, or 7.2 percent annually which is the second highest growth rate in Alaska. Annual population gains in Soldotna and Homer during this period exceeded 10 percent. Thus the allocation of state land can play an important role in meeting the unusually high development demands. The study will consider: 1) Which land areas are best suited for private disposal to meet land ueeds for residences, resource development, economic growth, and private recreation? 2) Which lands are ::citable to meet community growth needs? 3) What should thc- Stite's ruin be in getting land into private hac.ls it tilt. Iburauyt, ami jom- r11un1tieS hJW deVe-lopt-d 'fit -Jr u'.;n land disposal progr.:am 44 :ir}J;_'-`.{�,. -v-,T rp.`:w _...-�. •.- •��•. •,.Y r:T -ir--•i'i-, ,•rr.�"..�. _;{�= r.�.j 7`'.ttZ,,-. ice{'.'*; •,•,;:.::,� � •�i?f:-�: l �< `iy�%(i .i• .y ,+.}�.: 'S�. .irr. J-� i fi €. z 1 '" f-�,tf,, i !f� ` • , �.,;1� �v ,. .. L.-"=. v�Yh/.1T-.- �, ryry1Y'1-y �l�r ^,J •.;/`�.j Y fir'. ✓ ' . � . , r . . �S• y • ' ,� .� tC, •.��-r�' Iy t�r'.J,'wir�►. �:,a � ^' - �`L.�.....•'"-. } �I .r'.•y'�f.-�•f�•�i,• •.' •per _ ,'LT"._ -� � _ ri ;1i::/ rr Yt . �' �'•'� ! ,+." .t ; j+�r.+� �, " I--.-�y....r.. ,_.ac. , i-:-f � . ray-i,�:- ar:�;C l�IJA r.� � •'-., .c t .e_.:''. ...,X%, ,y, � � , ... ,�.. ) ' - "'. �' `- �'�''c ^f�� �Y"�,r2�T�4.fa '*. n � Y .. t �- �:a• a . SfI ' 't 1. +t'%a �ic:i'i� - tea_ „-.. _" " 4` - �.+ � � �= �^ �9+�'� ., . I, ' ti %% ' ' ,"nJrnf,✓r 1 � ((s�ue / t 1 � � •� J �•;1f r,j +r• 1 1 .� ha. w srfsw! Ian w rjt .,►''f.� ��,1' �4 °tom �'} �f • �uO,s n / •sating ' 1 fY fyoff _ CA-5 t ssi i bss!'"l,07 • � tsl '' i _ t' ,t " mom- .� i ` 140op ice•_ G� tHrkr,,� 1 1 1 i ' hrnlrw¢ � ji'd loaf �.wl.ws WogRoutOs0 09ndea ft@ • pubug@ mTc OWD The Kenai Peninsula is a major recreational area in Alaska. It offers spectacular scenery and sport fishing, boating, hiking, skiing, and many other recreational opportunities (see map on page 16). In addition, it is easily accessible to most state residents. Defining the role of state land in meeting public recreation needs in the Kenai Peninsula Borough is an important management concern. Sonic state park facilities already receive such intensive use that the facilities cannot accommodate present public demands. At Ninilchik, for example, users regularly overflow onto privately owned properties. Inadequate parking facilities, such as at Clam Gulch, mean that people will leave their cars along the highway, causing a hazard to moving traffic. Some Kenai area residents feel that the State should provide more recreation facilities, while others argue that additional facilities will only attract more people and create an even greater problem. Growing recreational demands raise a number of questions which the land management planning study must address: 1. What kinds of recreational areas are most needed on the Kenai Peninsula -- camping, fishing, snowmobiling, hiking, others? 2. How much state land should be set aside for public recreation uses? 3. Surveys at selected state parks on the Kenai show that 70 percent of park users live in Anchorage. What influence should the recreation demands of non - borough residents have in deciding what state lands in the borough should be designated for recreation? 4. What facilities should be provided on state land designated for recreational use? Are some types of public recre- ational areas best suited for passive management, that is, with no developed facilities like parking or maintained trails? 17 • • ._c:�%. _.,_ r.-_.:ram- . _ @w2.1;*GIL &-o"w4f 00 ' OOA�e• AO 4 00 oe � Jos Y' �06000 e, .*00 u� /0 - f.�. Yu0 '0 Al r JI 00, r r7 cvvth •:8• noo 2ff@R@W91NO @ N M • prroU@9OM & Large areas of state land have potential or current value for agriculture; grazing; timber development; mineral, oil, and gas extraction; and fish and wildlife enhancement. Some of these resources, like oil and gas, fisheries, or timber, are cur- rently being developed, while others are not due to existing economic conditions. However, some of the undeveloped resources may require special management policies to preserve future development opportunities. F,xperience in Alaska arid elsewhere has demonstrated that valu,Ible land use options have been unintentionally sarrificed through poorly ronceived laud management .Ind disposal programs. For example, prime agricultural and forest lands have been usurped by urhml, growth. fmportant resource values can he protected and resource use conflicts can be minimized with adequate information :Ind proper piattni.ng. To help "ecompl ish this, tine malldgetlie"t study for state land in the Kenai area should address the following yIe•s t i ons: !. l,h./t :Ire the• I"'pr,rtant resonrce•s oil state land in your cr,ntmittlity and in the bc,rough? 1. lrrhat types of .,ctiuns or land uses are r-rnnpatibl•• .,n,} iu,'ornpat►hle• with speri- f ied r••:3ourrr• r,Ilue"", What types of 1a11.1 or resource mauay{ent••ttt pr.retire•s i l ! eu:.ure• t},at r,ther import arlt r• su,u ee valties, Irr• t:,,t lw,t :.11••u develo},went orr�urr, in .,u .,re.l? '.hat -ict ions should he t,' rOtt to preserve '!:•' ,grlrultare• .,ud gr.,zilig : ,itte s of t.1te• Iand :,$IIte•d fos the•,e• u:;#.%, lSrrrrr .r>•rrrnl/rr,rl sand t;nr.ur. Lrvrd+ !tare r rvr ;nrr;/rr:l l,t r,rh,rr Xn„t-Ih M S.nand laud ntanagentent practices ((,it ntlnttni:e enrironntental prohletns 0 1 Tottgh decisions »nay be regtllred to tnalntaln u desirable balance bet weelt ecoanmle derelopnnent oblec•tires and et/vlronntetnal protection r CSOo • @@R@(gm4@ Protection of the environment is another objective of land management planning. The location and method of resource extraction or development can help minimize adverse environmental impacts. However, particularly valuable or sensitive areas, such as public watersheds, salmon spawning streams, and scenic areas, may require special protection. Intensive resource development, such as logging and open pit mining, require appropriate actions to minimize disturbance to the surrounding area. On the Kenai Peninsula, recent rapid population and industrial growth raises concern over the quantity and quality of surface groundwater supplies for community uses. Kenai and Seldovia currently have water supply or quality problems. When selecting sites for development, especially inten- sive industrial or residential development, the availability of water to support the activity must be assessed and the effects of the new use on the quality and quantity of the existing water supply must be ascertained. Sometimes it may be necessary to accept some environmental degradation as part of the cost of development. In other instances, this may not be allowed. To help make these determinations, the study should address the following questions: I. Is there state land in the Kenai Peninsula Borough which contains sensitive and valuable environments or resource values which should receive special management attention? 2. Are there areas where environmental protection measures may prove too restric- tive to allow economic development? What options are available in these situations? What are the trade-offs? 3. Which areas, roads, and waterways have valuable scenic resources that ought to be protected? rite identifi(atioll of 1a11J-related issues is only hh•/(///IW, I%%rye•%iv nn/l.IheIil'%f vepinllu- the f i rst step ill the Kenai Area Land Management /1/(ai1w1.¢ l)r//,c'A% Pl.cnnifig Study process. The following sections outline what the study seeks to accomplish and how residents can influence the outcome. j wYJ.tt ;•FI.�1l YIL_I_ �•'••1(l'•J� /�..T j •� +�•i"•i1": •� / 1 • I 4w 4L4+ �)4; 4^ 1 1 4 MAAA�44ja1 A /,//� • � �14 I�i1'• • � • I • I .r' CAN ( f Ot 0 namd&9% gse@ [F@@@ 29 9. GWQOpGW1t�t��t�fn1 ��1�1t�61X�'PQGiI� dw��aoQ t ";;t�Jl�11Dc� VYAIA;y '�11�JeSic111Qir��11GJ�sW i'1 •I�)r�ir•.uu.J1."�Jt�(�j.rS.J1S�r�i�ll�Q lil U o r �tJGJ 'evJ 17 L':�.q UODUL:J� �U�UUUiJUUU� 29 a sftn(�Y`� T)?@@@dMff@gi To develop a laud use plan, the pivision of !adds slathers inlormatior►, analyzes it and makes recominen- datinns. A dumber r,t public meetings will he held during the study process, and several reports will be issued which present the study's findings and analysis. Following is a list of the major reports which wi l l he prepared during the planning process: keport Content and Purpose I Resource A compiiatiorl :rod analysis of Inventory data on the natural and marl - made environment of the Kenai Peninsula Borough as back- ground for the ptanning study. II Regional An assessment of the develop - Analysis ment potential of major natural resources in the Kenai area. Alternative land use patterns will be presented to raise management issues and identify possible consequences of various combinations of resource uses. If1 L.ind Use Final land management recom- mendations based oil the two Plan and previous reports and discus- Managemertt sions with the pubIis and kecormnendations other state agency representa- tives. \Y,:Vh4A �h@ @�Mdv W900 d@ 110- 1) i v I N I Un rrt 1..rnd:; +. t l l r.,• the to-n•, i Are•e Land 'i.rnat;• me nt !'l.rnnins :;Lori; t.0 d< t•. rarine the best r 1•I:,sitlretiuu ,rlrt or..•, t ,,Latr l.,ud in the t,oe••,ut;h. fhe :.t11•1%, 111 r..sess .1411.1(e•nt Iand r1.`.e•s, r c,tu:uunt i;: •,i, 1r•r t 1 :, ... .•! r .,t ors; t r.rtnspur t.rt tun t•,n5, Ir•r ,1 ;r:.n:::l:r.. and nlimi,rou:; ,-nvir-timelital r 4•'Lr,rs, r).it �• i ,,,rl ... i4a:.1I tr•ri I 1.111 ••tthe•r tt.• •Ii:.l,r,:.,•.1 r,i L ►!u• !if!':.,t<• -;r•ft•,r tf,r rii'S.Iden- t r., l , r .,r..r,r,•rr l , l . r ;,,':: rt• r.•r j.•:t tr,n inlrl,.,Ses •,f n•t.,tu,•rl in 1r.,1,11 r.,nrr:.tllp. ...,nd ret.tined by trr S,.,tc- 1:; ,4•r:,t !t••,t °r.rn•r..• t 1•.f t,,ultiple ,lbws. 9 �c�o�a�nor��bap �o o� I�QP ppoga��� R will also coordinate its land management Id.inning study with other state, federal, and local planning programs. The Kenai Peninsula Borough has several land anti resource planning :;tudies underway which can provide the State with valuable information and direction. Other state :nencies will also work closely with the Division •-f Lands to provide resource information, advice, .tud review of study products. Ongoing programs of tur Division of Parks, the Department of Fish and Game, the Department of Environmental Conservation, ant! the Department of Transportation will be ,r►corporated into the management recommendations !--I :;t.,te lands. Federal programs and plans which :fivct the area will also be considered, as will -ae ptacts of Native corporations. 0 0OCso GOWNC@VUa 7 ire effective, state land management plans must retlrc•t and respond to local needs and concerns. The use of state land for resource development can yelp stimulate local economic growth, but any sperrific objective must be balanced with other 1.311d Management responsibilities and opportunities An approhridte balance must he strtu•k �m Lite one band, the Division of Lands should he"tut"cs pruner tnId public laud needs W-cone aware of all major borough, community, and :udividual concerns about state land during the I rocess of developing a land management plan. on the other hand, the Division should communicate Lilt? lull range of land use objectives and respons- ibilities which it is mandated to serve as manager of a public resource. Together, .i plan ran be formul.ite,l that is consistent with both local desires and broader state objective%, � ZD S" 3iurr guidance A needed to Jortualatc a tuauagentent plait Jnr state land is the borough ADL cncnuri ev rrrrr to attend the tttc•eting% held In ►•intr r•otnnutnitr OR M@ rummon ADL hopes this planning process will reflect and respond to local concerns about state land use in the Kenai Peninsula Borough. To accomplish this task, residents must help. The issues discussed in this brochure are only a beginning. What are other issues? How can they be resolved? ADL hopes you will I -anticipate in this planning process. Comments can be made at any time by writing a letter or calling the Planning and Classification Section, Alaska Division of Lands, 323 E. 4th Avenue, Anchorage, 99501, telephone 279-5577. However, an excellent opportunity to voice your opinions and to make your information available will be at the community meetings (dates, times, and places will be publicized later). The focus of these discussions will be on land issues. Are your preferences and concerns known? Are they being addressed? Your knowledge about resources, activities, poten- tial development, and lifestyle concerns in the Kenai Peninsula area should be considered before important decisions concerning state lands are made. Wise land use decisions that promote the best interests of both the local area and the State require the best and most complete inforam- tion. Each document prepared in the planning process can be improve-d through your review and assessment of its merits. With your continued participation, the Alaska Diviaiun of Lands will receive the guidance nc•r•de•d to formul.►te a satis- factory and workable plan for state l.,nd in your area. r _ ti 4 � yyt�� .. _ • it -� �scr.T ..r I'�n+r+., r:� .1-+lru .1l.. l;:•rr, ti+n,rrt /lcrl.i..r(.t. lf.t►..flcnet6er